HomeMy WebLinkAbout7/23/1975WEDNESDAY, JULY 23, 1975
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON
WEDNESDAY, JULY 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. WILLIAM C. WODTKE, JR. WAS ON VACATION. ALSO PRESENT WERE
JACK G. JENNINGS, COUNTY ADMINISTRATOR; L.S. "TOMMY" THOMAS, COUNTY
COORDINATOR; ELIZABETH FORLANI AND JACK HOCKMAN, DEPUTY CLERKS. PAUL D.
BURCH, ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS WAS ABSENT DUE TO
ILLNESS AND RALPH L. EVANS, ATTORNEY, SAT IN FOR HIM.
THE CHAIRMAN CALLED THE MEETING TO ORDER.
COMMISSIONER MASSEY LED THE PLEDGE OF ALLEGIANCE TO THE FLAG AND
REVEREND 0. R. FOSTER FROM THE TABERNACLE BAPTIST CHURCH GAVE THE INVO-
CATION.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO
THE MINUTES OF THE REGULAR MEETING OF JULY 9, 1975.
IT WAS STATED THAT DUE TO ILLNESS, ATTORNEY BURCH WAS NOT ABLE TO
PREPARE RESOLUTION No. 75-42, AS STATED ON PAGE 40, PARAGRAPH 7, AND THIS
RESOLUTION WILL BE MADE A PART OF THE MINUTES WHEN IT IS COMPLETED.
THIS"CORRECTION HAVING BEEN MADE, A MOTION WAS MADE BY COMMISSIONER
MASSEY, SECONDED BY COMMISSIONER SCHMUCKER,-THE-BOARD UNANIMOUSLY + If
APPROVED THE MINUTES OF THE REGULAR MEETING OF JULY 9, 1975, AS WRITTEN.
THE COUNTY ADMINISTRATOR INFORMED THE BOARD THAT HE AND COMMISSIONER
MASSEY INSPECTED COUNTY OWNED PROPERTY KNOWN AS AMBERSAND BEACH, WEST
OF STATE ROAD A1A AS INSTRUCTED BY THE BOARD AT THEIR MEETING OF JULY 9, 1975,
MR, JENNINGS CONTINUED THAT THE COUNTY CLEANING CREW HAD CLEANED THE -AREA
AND IT WAS IN EXCELLENT CONDITION . TO THE SOUTH OF THIS PROPERTY THE
BOARD HAD SUGGESTED PUTTING UP A FENCE BUT MR. JENNINGS STATED THAT THERE
IS DENSE UNDERGROWTH AND, IN HIS OPINION, THE AVERAGE PERSON WOULD NOT GO
THROUGH THAT UNDERGROWTH AND HE QUESTIONED THE ADVANTAGES OF CLEARING THE UNDER-
GROWTH AND PUTTING UP A FENCE ON THE SOUTH PROPERTY LINE, MR. JENNINGS STATED
THAT THERE IS A 50 FOOT VACANT LOT BETWEEN AMBERSAND BEACH PARK AND MR. THOMP-
SON'S PROPERTY AND THAT ALSO IS HEAVILY GROWN OVER WITH VEGETATION.
COMMISSIONER MASSEY CONCURRED WITH THE COUNTY ADMINISTRATOR'.S PRE-
SENTATION,
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THE CHAIRMAN ASKED THE COUNTY ADMINISTRATOR FOR HIS RECOMMENDATIONS.
THE COUNTY ADMINISTRATOR STATED THAT HE DID NOT FEEL THAT PUTTING
UP A FENCE ON THE SOUTH BOUNDARY LINE OF THIS PARK WOULD SERVE A PURPOSE
AND THAT THE PROBLEMS IN THIS AREA ARE STRICTLY A MATTER OF LAW ENFORCEMENT.
HE STATED THAT THE COUNTY WILL KEEP SIGNS POSTED, WILL CLEAN THE PARK AND
EMPTY THE TRASH RECEPTACLES TWICE A WEEK OR MORE OFTEN IF NECESSARY.
THE BOARD AGREED WITH THE COUNTY ADMINISTRATOR'S RECOMMENDATIONS.
THE COUNTY ADMINISTRATOR INFORMEDTHEBOARD OF A LETTER FROM JUDITH
A. WAKEFIELD, EXTENSION HOME ECONOMICS AGENT REQUESTING THE USE OF THE EX-
TENSION SERVICE COUNTY DIRECTOR'S AUTOMOBILE TO TRANSPORT 4-H MEMBERS TO
THE 4-H CONGRESS IN GAINESVILLE JULY 28 - AUGUST 1, 1975. THIS VEHICLE
IS NOT BEING USED AT THIS TIME.
COMMISSIONER SCHMUCKER QUESTIONED IF THE COUNTY'S INSURANCE COVERAGE
WOULD APPLY IN THIS INSTANCE AND ATTORNEY 1EVANS STATED THAT HE HAD IN-
VESTIGATED THIS WITH ARDEN INSURANCE COMPANY AND HE WAS INFORMED THAT
THE COUNTY'S INSURANCE POLICY WOULD COVER THIS.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT,
THE BOARD UNANIMOUSLY APPROVED THE REQUEST FROM .JUDITH WAKEFIELD, EXTENSION
HOME ECONOMICS AGENT TO USE THE EXTENtION SERVICE COUNTY DIRECTOR'S AUTO-
MOBILE TO TRANSPORT 4-H MEMBERS TO THE 4-H CONGRESS IN GAINESVILLE JULY 28 -
AUGUST 1, 1975.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR THE
COUNTY ADMINISTRATOR, JACK G. .JENNINGS/ TO ATTEND THE STATE ASPHALT .ASSOCI-
ATION CONFERENCE IN TARPON SPRINGS, FLORIDA ON JULY 25, 1975.
THE COUNTY ADMINISTRATOR INFORMED THE BOARD THAT IN THE COURTHOUSE
ANNEX THERE IS A PROBLEM WITH THE AIR-CONDITIONING UNIT. HE STATED THAT
HE CALLED IN REPRESENTATIVES FROM THREE AIR-CONDITIONING COMPANIES TO
REVIEW THIS PROBLEM AND THEY AGREED THAT'THE PUMP PULLING WATER FROM A
TWO INCH WELL TO THE SYSTEM LOCATED ON THE SECOND FLOOR OF THE ANNEX IS
NOT CAPABLE OF PULLING WATER THAT FAR. THE FOLLOWING WAS SUGGESTED:
1. DIG A NEW TWO INCH WELL WITH SAME TYPE OF PUMP THAT WE
NOW HAVE AT AN APPROXIMATE COST OF $1,000.00
2. HAVE A NEW SIX INCH WELL WITH AN ADEQUATE FLOW OF WATER AND
A SUBMERSIBLE PUMP AND STAINLESS STEEL POINTS, AND NEW WIRING
AT AN APPROXIMATE COST OF $5,000.00
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JUL 2 31975
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THE BOARD AGREED THAT BECAUSE OF THE COST TO PUT IN A LARGER WELL
AND PUMP IT MIGHT BE ADVISABLE TO INVESTIGATE THE POSSIBILITY OF USING
CITY WATER, AND INSTRUCTED THE COUNTY ADMINISTRATOR TO INVESTIGATE THIS.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY,
THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING RESOLUTION No. 75-45.
JUL 231975
RESOLUTION N0. 75-45
WHEREAS, the Board of County Commissioners of Indian
River County, Florida, herein called the "Applicant", after
thorough consideration of the problem and available data, has
hereby determined that the project described below is in the
best interests of the general public.
The Indian River County Sheriff's Office is presently
providing communications for all of Indian River County,
including Sebastian, Fellsmere, Indian River Shores , the
Volunteer Ambulance Service. New equipment will enable
.'the department to provide vastly improved services. We
will be able to have a relay systein order that vehicles
can dispatch car -to -car while in the field. This equip-
ment will eliminate the practice of any and all persons
monitoring the Police Band. This project will provide
the necessary funds to allow the Indian River County
Sheriff's Department to upgrade its' Police Communication
System in accordance with the State Division of Commun-
ications Plan for Florida Counties and Municipalities
Law Enforcement Agencies. The purpose of this grant is
to obtain modern equipment to replace obsolete -equipment
presently in 'use, and improve our service. This project
will insure good communications between the Sheriff's
Department and the communities served.
and•
WHEREAS, under the terms of Public Law 90-351, as amended,
the United States of America has authorized the Law Enforcement
Assistance Administration, through the Bureau of Criminal Justice
Planning and Assistance, to make Federal Grants to assist local
governments in the improvement of criminal justice; and
WHEREAS, the Applicant has examined and duly considered such
Act and the Applicant considers it to be in the public interest
and to its benefit to file an application under said Act and to
authorize other action in connection therewith;
JUL•
2 31SS
162
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Indian River County, Florida, in open meeting
assembled in the City of Vero Beach, Florida , 23rd day of
July, 1975, as follows:
1. That the project generally described above in is the best
interests of the Applicant and the general public.
2. That Jack G. Jennings, County Administrator, be hereby
authorized to file in behalf of the Applicant an application
in conformity with said Act, for a grant to be made to the
Applicant to assist in defraying the cost of the project
described above.
3. That if such grant be made, the Applicant shall provide or
make necessary arrangements to provide such funds and/or in-kind
contributions in addition to the grant as may be required by the
Act to defray the cost of the project generally described above.
4. That said Jack G. Jennings, County Administrator, is hereby
authorized to furnish such information and take such other
action as may be necessary to enable the Applicant to qualify
for said grant.
5. That the Official designated in the preceding paragraph is
hereby designated as the authorized representative of the.
Applicant for the purpose of furnishing to the Bureau of Criminal
Justice Planning and Assistance such information, data and docu-
ments pertaining to the application for said grant as may be
required and otherwise to act as the authorized representative
of the Applicant in connection with this application.
6. That certified copies of this resolution be included as part
of the application for said grant to be submitted to the Bureau
of Criminal Justice Planning and Assistance.
7. That if such grant be made, the Applicant, or Official designated
in paragraph 4 above, shall maintain such records necessary and
furnish such information, data and documents as required by the
Bureau of Criminal Justice Planning and Assistance'to support the
implementation of the project generally described above.
•
8. That this resolution shall take effect immediately
upon its adoption.
DONE AND ORDERED in open meeting..
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
ATTEST: ~ f e2h414/
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J!. ,2 3 1975
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THE COUNTY ADMINISTRATOR INFORMED THE BOARD OF A LETTER FROM THE
DEPARTMENT OF TRANSPORTATION REGARDING A PUBLIC HEARING TO BE HELD ON
AUGUST 4, 1975 AT 2:00 O'CLOCK P.M. IN THE COUNTY COMMISSION ROOM REGARDING
THE CLOSING OF A RAILROAD CROSSING AT BAY STREET IN ROSELAND,
DR, DAVID SMITH AND JAMES BEINDORF, COUNTY CONSULTING ENGINEERS
APPEARED AND DISCUSSED WITH THE BOARD A PROPOSED DRAFT OF A WATER PURCHASE
CONTRACT BETWEEN THE COUNTY. AND URBAN DEVELOPMENT UTILITIES, THE PROVISIONS
TO BE INCORPORATED IN THIS CONTRACT WERE DISCUSSED AT THE JULY 9, 1975
MEETING.
DR. SMITH STATED THAT HE AND MR, BEINDORF ARE REQUESTING COMMENTS
AND APPROVAL OF THIS PROPOSED DRAFT IN ORDER TO PUT IT IN FINAL FORM.
DR, SMITH STATED THAT FARMER'S HOME ADMINISTRATION HAS REQUESTED THAT
CERTAIN WORDING BE INCORPORATED IN THIS CONTRACT.
ROBERT JONES, REPRESENTATIVE WITH FARMER'S HOME ADMINISTRATION
EXPLAINED THAT THIS WORDING STATES THAT URBAN DEVELOPMENT UTILITIES WILL NOT
BE SOLD WITHOUT F.H.A.'S CONSENT.
THE BOARD FELT THAT THIS STATEMENT SHOULD NOT BE MADE A PART OF THIS
CONTRACT BETWEEN THE COUNTY AND U.D.U., BUT IT SHOULD BE MADE A PART OF THE
AGREEMENT BETWEEN U.D.U. AND F.H.A.
MR. JONES STATED THAT IF THIS IS A POINT OF CONTENTION THAT HE WOULD
HAVE NO OBJECTION TO ELIMINATING IT.
COMMISSIONER SIEBERT ASKED THAT QUARTERLY REPORTS FROM U.D.U. CON-
SISTING OF BALANCE SHEETS AND PROFIT AND LOSS STATEMENTS BE MADE TO THIS BOARD
AND THAT THIS REQUEST BE MADE A PART OF THIS CONTRACT.
COMMISSIONER SCHMUCKER REQUESTED THAT THE COMPLETION TIME -OF THE WATER
PROGRAM STATED IN THE CONTRACT 'AS'ONE YEAR BE CHANGED -TO EIGHTEEN MONTHS.
CHAIRMAN LOY QUESTIONED WHERE THIS BOARD MAS ASSURANCES THAT THE
SEWER SYSTEM THAT CHARLES HERRING AGREED TO CONSTRUCT WILL BE IN AND OPERATING
lam.
AS PART OF THIS OVERALL PLAN, AS THE FRANCHISE WE HAVE WITH U.D.U. IS FOR
BOTH SEWER AND WATER,
MR, BEINDORF STATED THAT THE WHOLE SUCCESS OF THIS OPERATION IS IN
THE UPGRADING OF THE SEWER TREATMENT PLANT BUT HE AND DR. SMITH DID NOT FEEL
THIS SHOULD BE A PART OF THIS CONTRACT.
CHARLES HERRING, ATTORNEY REPRESENTING URBAN DEVELOPMENT UTILITIES
AND ALSO A DEVELOPER WHO IS PLANNING A SUBDIVISION IN U.D.U.'S FRANCHISE AREA,
HAD AGREED TO BUILD THE SEWER TREATMENT PLAN WHICH WILL SERVICE HIS
DEVELOPMENT AND ALSO ALL U.D.U.'S CUSTOMERS APPEARED AND STATED THAT HE HAS
A COMMITMENT WITH FARMER'S HOME ADMINISTRATION TO BUILD THIS TREATMENT PLANT.
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JUL 2 319 ���� 2; ..�, ri 5
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MR. HERRING CONTINUED THAT FARMER'S HOME ADMINISTRATION HAS MONEY
ALLOCATED FOR CONSTRUCTION OF THE -SEWER : TREATMENT PLANT AND HAVE ADDED THE
FOLLOWING STIPULATION TO THEIR COMMITMENT: THAT THE COUNTY COMMISSIONERS
ADVERTISE FOR A PUBLIC HEARING FOR A RATE INCREASE OF SEWER AND WATER
RATES FOR URBAN DEVELOPMENT UTILITIES.
CHAIRMAN LOY ASKED IF MR. HERRING HAS A CONTRACT WITH F.H.A. OR
JUST A LETTER OF AGREEMENT AND IF PLANS FOR THE SEWER TREATMENT PLANT HAVE
BEEN APPROVED BY THE DEPARTMENT OF POLLUTION CONTROL.
MR. JONES STATED THAT THE WATER PROGRAM COMES FIRST AND IF THE WATER
IS THERE, THE SEWER SYSTEM WILL COME LATER. F.H.A. HAS NO FINAL COMMITMENT
WITH CHARLES HERRING TO PUT IN A SEWER SYSTEM, THERE COMMITMENT IS TO U.D.U.
TO PUT IN A SEWER SYSTEM.
MR. JONES STATED THAT THERE IS A LEGAL COMMITMENT FROM MR. HERRING
TO U.D.U. THAT HE WILL FURNISH THIS SYSTEM AND WE HAVE ASKED HIM TO STIPULATE
A TIME PERIOD FOR CONSTRUCTION OF THE PLANT,
REGARDING THE ADVERTISEMENT FOR A PUBLIC HEARING FOR A RATE INCREASE,
MR, HERRING IASINFORMED THAT THE COUNTY ADMINISTRATOR HAS THE AUTHORITY TO
ADVERTISE, BUT HE MUST HAVE ALL THE NECESSARY INFORMATION IN HIS HANDS BEFORE
HE APPROVES AND SCHEDULES AN ADVERTISEMENT FOR A PUBLIC HEARING.
THE BOARD QUESTIONED HOW F.H.A. COULD REQUEST A PUBLIC HEARING FOR
A RATE INCREASE ON A SYSTEM THAT IS NOT WORKING AND WILL TAKE APPROXIMATELY
A YEAR AND A HALF BEFORE IT WILL BE WORKING PROPERLY,
LEON YOUNG, MANAGER OF U.D.U. APPEARED AND STATED THAT THE CUSTOMERS
OF U.D.U. WERE INVITED TO A PUBLIC HEARING SCHEDULED TO EXPLAIN TO THEM THE
REASON FOR THE RATE INCREASE AND WHEN IT WOULD TAKE EFFECT, BUT THEY DID NOT
HAVE A BIG TURNOUT. MR. YOUNG STATED THAT HE WOULD SEE THAT ALL CUSTOMERS
ARE NOTIFIED.BY LETTER OF THE RATE INCREASE AND THAT IT WOULD BECOME EFFECTIVE
UPON COMPLETION OF THE SEWER TREATMENT PLANT AND UPON RECEIVING WATER FROM THE
CITY OF VERO BEACH. MR. YOUNG CONTINUED THAT HE WOULD START WORK ON THIS
LETTER TODAY AND THAT IT WOULD BE MAILED TO ALL CUSTOMERS NO LATER THAN FIVE
DAYS FROM TODAY,.
THE COUNTY ADMINISTRATOR INFORMED MR. HERRING THAT IN HIS REQUEST FOR
A PUBLIC HEARING, HIS LETTER MUST SET -FORTH WHAT RATE INCREASE IS PROPOSED
WHAT IT IS NOW AND WHEN IT WILL BECOME EFFECTIVE.
ATTORNEY EVANS STATED THAT ATTORNEY PAUL BURCH DID READ THIS CONTRACT
PRESENTED BY DR. SMITH AND HE HAD COMMENTS TO MAKE, BUT DUE TO HIS ILLNESS,
WAS NOT ABLE TO MAKE THEM BEFORE THIS MEETING.
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CHAIRMAN LOY STATED THAT IN HER OPINION THERE SHOULD BE SOMETHING IN
THIS CONTRACT THAT STATES THAT THERE IS NO APPROVED AGREEMENT REGARDING THE
SEWER TREATMENT PLANT.
MR. JONES STATED THAT HE UNDERSTANDS CHAIRMAN LOY'S CONCERN, BUT
HE ASKED THAT ANY STATEMENT REGARDING THE SEWER PLANT BE MADE AS A SEPARATE
AGREEMENT AND NOT PART OF THIS CONTRACT,
MR, BEINDORF STATED THAT UNDER THE MANAGEMENT OPERATOR CONTRACT
WHICH IS INCLUDED IN THE CONTRACT, IT WILL BE IMPERATIVE THAT THE SEWER
TREATMENT PLANT IS IN ORDER, IN ORDER TO HAVE A SUCCESSFUL PROGRAM.
COMMISSIONER SIEBERT REQUESTED THAT ATTACHED TO THE CONTRACT BE-
TWEEN THE COUNTY AND U.D.U.1THERE SHOULD BE THE LEGAL AGREEMENT BETWEEN
F.H.A. AND CHARLES HERRING TO PROVIDE A SEWER TREATMENT PLANT WHICH WOULD ALSO
STIPULATE A COMPLETION DATE OF THE TREATMENT PLANT.
MR, HERRING STATED THAT HE FEELS THE EIGHTEEN MONTHS COMPLETION TIME
OF THE WATER PROGRAM, IN THE COUNTY'S CONTRACT, IS TOO LONG AND SHOULD BE
RECONSIDERED.
THE BOARD AGREED THAT THE NEW RATES WILL INCLUDE SEWER AND WATER
AND THAT THE SEWER AGREEMENT SHOULD BE AN ATTACHMENT TO THIS CONTRACT. THE
BOARD ALSO AGREED THAT THE COMPLETION TIME OF THE WATER PROGRAM STIPULATED
AS ONE YEAR AND CHANGED TO EIGHTEEN MONTHS BE DECIDED BY FARMERS HOME
ADMINISTRATION AND CHARLES HERRING.
THE AGREED TO PUT THIS ON THE AGENDA FOR THE NEXT MEETING.
THE COUNTY ADMINISTRATOR INFORMED THE BOARD OF A.REQUEST FROM JAMES
WARR FOR A SPECIAL EXCEPTION TO ORDINANCE No. 74-20. HE STATED THAT MR. WARR
HAS OWNED THIS PROPERTY SINCE MAY 14, 1973, HE HAS A RECORDED DEED IN HIS
POSSESSION AND THAT THIS PROPERTY HAS PROPER ZONING FOR MR. WARR TO HAVE
A HOUSE BUILT.
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MR. WARR WAS PRESENT AND STATED THAT HE HAS INGRESS AND EGRESS TO
HIS PROPERTY BY AN EASEMENT SET-UP IN HIS DEED. MR, WARR STATED THAT THIS
PROPERTY IS LOCATED IN THE AREA OF 27TH. AVENUE AND CITRUS ROAD.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT,
THE BOARD UNAIMOUSLY GRANTED A SPECIAL EXCEPTION TO ORDINANCE No. 74-20
TO JAMES WARR TO BUILD ONE HOUSE ON HIS PROPERTY.
DANA HOWARD, SURVEYOR, APPEARED REQUESTING FINAL APPROVAL OF SHADOW
BROOK SUBDIVISION, FORMERLY KNOWN AS HATALA SUBDIVISION.
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JUL 2 3 197
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IN REVIEWING THE PLAT, THE BOARD DISCUSSED THE FACT THAT THIS
SUBDIVISION HAS A PARCEL OF LAND DESIGNATED AS A PARK. THE BOARD DID NOT
AGREE THAT THIS PARCEL OF LAND SHOULD BE CALLED A PARK BECAUSE OF THE
PROBLEMS THAT COULD ARISE REGARDING THE MAINTENANCE OF IT.
MR. HOWARD STATED THAT EVEN THOUGH THIS SUBDIVISION WAS GRANTED
TENTATIVE APPROVAL BEFORE THE NEW SUBDIVISION REGULATION ORDINANCE No. 75-3
WENT INTO EFFECT, HE TRIED TO HAVE THIS SUBDIVISION CONFORM TO THAT NEW
ORDINANCE.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL TO SHADOW BROOK
SUBDIVISION FORMERLY KNOWN AS HATALA SUBDIVISION, SUBJECT TO CHANGING THE
WORD PARK TO ANOTHER APPROPRIATE DESIGNATION.
THE FOLLOWING LETTER RECEIVED FROM MARVIN E. CARTER, SURVEYOR
REGARDING THE POSSIBILITY OF THE COUNTY'S.ENCROACHMENT ON PRIVATE PROPERTY,
IS HEREBY BEING MADE A PART OF THESE MINJITES.
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Indian River County Courthouse
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THE BOARD DISCUSSED THE FOREGOING LETTER AND MR. CARTER ADDED THAT
SOUTHERN BELL IS INTERESTED IN PUTTING IN A CABLE AND THEY HAVE BEEN HOLDING
OFF UNTIL THIS LEGAL DESCRIPTION IS SETTLED.
AFTER DISCUSSION A MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED
BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AGREED TO REFER THIS MATTER
TO THE COUNTY ADMINISTRATOR, AND COUNTY ATTORNEY TO WORK WITH MR. GAIDRY
AND HIS REPRESENTATIVE AND RETURN TO THE BOARD WITH A RECOMMENDATION ON HOW
TO SOLVE THIS PROBLEM.
CHAIRMAN LOY INFORMED THE BOARD OF A LETTER RECEIVED FROM THEODORE
(TED) BROWN REQUESTING THAT THE BOARD LISTEN TO ROGER JEEVES, WHO HAS -AN
IDEA ON HOW-TO CONTROL BEACH EROSION, NAMELY BY ".JACKS".....INCLUDED IN MR.
BROWN'S LETTER WAS A CHECK FOR $5.00 TO BE USED TOWARDS THE STARTING OF THIS
PROJECT,
CHAIRMAN LOY STATED THAT SHE HAS BEEN IN CONTACT WITH MR. JEEVES
AND HE INFORMED HER THAT HE COULD NOT BE READY WITH HIS PRESENTATION TO THE
BOARD BY THE AUGUST 20, 1975 MEETING. -�
CHAIRMAN LOY ASKED MR. BROWN IF HE HAD RECEIVED ANY BONAFIDE EVIDENCE
AND INFORMATION THAT LEADS HIM TO BELIEVE THAT THIS PARTICULAR SYSTEM HAS
BEEN OR WOULD BE SUCCESSFUL.
MR. BROWN STATED THAT IN HIS OPINION, HE HAS THAT INFORMATION.
NATHAN DAVIES, RETIRED ENGINEER, WAS PRESENT FOR THIS DISCUSSION
AND OFFERED TO THE BOARD HIS EXPERIENCE WORKING WITH THE "JACK" SYSTEM.
COMMISSIONER SIEBERT QUESTIONED IF THIS BOARD IS THE APPROPRIATE
PLACE TO SUBMIT MATERIAL ON BEACH EROSION,OR SHOULD IT BE WITH THE CORPS
OF ENGINEERS, ULTIMATELY, IT IS THE CORPS THAT MUST BE IN AGREEMENT THAT I
THIS IS A FEASIBLE METHOD OF HELPING._THE BEACH EROSION PROGRAM. HE CONTINUED
THAT THEY ARE THE EXPERTS IN THIS FIELD.
CHAIRMAN LOY ASKED MR. BROWN IF HE HAD ATTENDED THE PUBLIC HEARING.
HELIY BY THE CORPS OF ENGINEERS AND MR. BROWN ANSWERED THAT HE HAD NOT.
IT WAS STATED THAT THE MATERIAL SUBMITTED BY MR, JEEVES WAS SUB-
MITTED TO THE CORPS OF ENGINEERS AT THE PUBLIC.HEARING.
THIS BOARD'S RECOMMENDATIONS TO THE CORPS OF ENGINEERS WERE
BASED ON PRESENTATIONS AT THE PUBLIC HEARING AND ON CORRESPONDENCE RECEIVED
AFTER THAT. IF THE COUNTY WERE UNDERTAKING A BEACH EROSION PROJECT STRICTLY
ON ITS OWN, THEN WE COULD CONSIDER UNDERTAKING MR. JEEVES PROJECT.
MR. BROWN STATED THAT SINCE THE PUBLIC HEARING, MORE INTEREST HAS
BEEN. GENERATED IN THE ".JACK" SYSTEM AND HE WOULD LIKE THIS BOARD TO LISTEN TO
THIS NEW EVIDENCE.
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JUL 23 1975
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COMMISSIONER SIEBERT STATED THAT IF HE HAD SOME INDICATION FROM THE
CORPS THAT THEY FOUND MERIT AND WOULD CONSIDER MR. JEEVES PROJECT, HE WOULD
GO ALONG WITH IT.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT,
THE BOARD UNANIMOUSLY AGREED THAT CHECK N0. 3477, IN THE AMOUNT OF $5.00,
BE RETURNED TO THEODORE (TED) BROWN WITH OUR SINCERE THANKS FOR HIS CON-
TRIBUTION.
CHAIRMAN LOY STATED THAT MR. JEEVES REQUEST FOR AN APPEARANCE
BEFORE THIS BOARD HAS BEEN WITHDRAWN AND WHEN HE HAS MATERIAL PUT TOGETHER
TO MAKE HIS PRESENTATION, HE WILL REQUEST BEING PUT ON THE AGENDA.
THE BOARD AGREED THAT THEY WOULD LIKE TO RECEIVE SUPPORTMATERIAL
TO REVIEW BEFORE MO. JEEVES APPEARS BEFORE THE BOARD TO MAKE HIS PRESENTATION.
L.S. "TOMMY" THOMAS INFORMED THE BOARD THAT HE RECEIVED A FULLY
EXECUTED DOCUMENT FROM THE DEPARTMENT OF NATURAL RESOURCES APPROVING THE
APPLICATION FOR FUNDS IN THE AMOUNT OF $2,$00.00, WHICH WILL BE USED TO RE-
PAIR THE ROSELAND DOCK.
MR. THOMAS STATED THAT HE HAS NOT RECEIVED APPROVAL OF THE APPLI-
CATION FOR FUNDS TO CONSTRUCT BOAT RAMPS AT THE WABASSO BRIDGE AND THAT HE
WILL'CON:F,ACT OFFICIALS WITH THE DEPARTMENT OF NATURAL RESOURCES OF THIS.
THE BOARD THEN RECESSED AT 12:00 O'CLOCK NOON AND RECONVENED AT
1:30 O'CLOCK P.M.
DR. C.C. FLOOD, DIRECTOR, INDIAN RIVER COUNTY HEALTH DEPARTMENT
APPEARED AND STATED THAT WHEN A PATIENT IS HOSPITALIZED FOR MORE THAN TWELVE
DAYS, IT IS NECESSARY THAT THE BOARD APPROVE PAYMENT FOR THE EXTENSION OF TIME.
MABLE BAKER HAS BEEN HOSPITALIZED AT SHANDS TEACHING HOSPITAL IN GAINESVILLE
FOR THREE WEEKS AND THE FOLLOWING LETTER, FROM THE HOSPITAL, EXPLAINS THE
REASON FOR HER BEING HOSPITALIZED.
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JUL 2 31975
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COLLEGE OF MEDICINE • UNIVERSITY OF.FLORIDA • GAINESVILLE
DEPARTMENT OF SURGERY area code 904. 392-3711
sip 32610
Juae 30, 1975
0
JUL 231975
RE: BALER, Mable
27-74-64
Admission: 5-23-75
Discharge: 6-15-75
Hooshang Hooshmand, M. D.
2800 South Ocean Drive
Suite D
Vero Beach, Florida 32960
Dear Dr. Hooshmand:
As I am sure you will remember, Ms. Mable Baker was a 59 -year-old white
female who has had recent personality change, as well as difficulty
with her recent memory. The patient has also bad seizures and visual
hallucinations, which have been progressive in the six weeks prior to
her admission to the Shands Hospital. She was seen in consultation
there by you at Vero Reach, and at that time you performed an angiogram
which showed a small left posterior frontal blush. Subsequently, the
patient was transferred to the Shands Teaching Hospital for further
evaluation and therapy. At the time of admission, the patient's general
physical examination was within normal limits. The neurological examination
revealed that the patient was awake and alert. The patient was demented,.
though, since she was unable to follow commands, or answer questions
appropriately. The patient would perseverate as well as confabulate. She
did have fluent speech though. We fele that the patient had a receptive
dysphasia. Cranial nerves II-XII were intact. There was no papilledema.
'The deep tendon reflexes were 2+ and equal and there was no sign of •
sensory or motor deficit. We felt that repeat angiography was indicated,
and accordingly, a left carotid and vertebral angiogram was performed
via a femoral catheter. At that time, we reconfirmed the presence of
a left posterior frontal blush with an early filling vein. This was
unchanged from your previous arteriogram. Because the angiographic
appearance of this lesion was unchanged from your study performed. It
was our feeling and Dr. Frank Agee's, Professor of Neuroradiology, that
this probably represented a small neoplasm, which as yet was not to the -
size to present mass-effect. We also considered the possibility that
this was a stroke, though its failure to eimprove angiographically led
us from this. •
Accordingly, the patient was taken to the Operating Room and under
general endotracheal anesthesip. had a left frontotemporal craniotomy.
At that time, no neoplasm vas found. Postoperatively, the patient did
well, though she developed status seizures, -which were focalized to
the right eye and right upper extremity. This responded to intravenous
Dilantin. Over the next several days, the patient made a minimal
improvement in her receptive speech function and her seizure disorder
vas Controlled with Dilantin and Mysoline.
Accordingly, we discharged this patient on the 15th of June on Dilantin,
200 mg., p.o., b.i.d., and Mysoline, 250 mg., p.o., b.i.d. We plan to
have her return to see usin our clinic in six weeks.
Thank you very much for the referral of this patient. If you have
. further questions in the future, please feel free to contact us.
Sincerely yours,
George ". Sypert, M. D.
Assistant Professor
Department of Neurosurgery
Dictated by: W. D. Wilson, M. D.
emd
6-30/7-2-75
.L 172
DR. FLOOD OFFERED NO OBJECTIONS TO THE COUNTY PAYING FOR THIS
EXTENSION OF TIME FOR MABEL BAKER.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED PAYMENT FOR THE EXTENSION OF
HOSPITAL TIME FOR MABEL BAKER OF ELEVEN DAYS AT SHANDS TEACHING HOSPITAL,
COLLEGE OF MEDICINE, UNIVERSITY OF FLORIDA, GAINESVILLE.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIDNER
SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR VAL
BRENNAN, PLANNING DIRECTOR, TO ATTEND THE AMERICAN INSTITUTE OF PLANNERS
CONVENTION IN DAYTONA, FLORIDA ON THE 24TH AND 25TH OF .JULY.
ATTORNEY EVANS STATED THAT TWO RESOLUTIONS WERE PREPARED AND PRE-
SENTED REGARDING THE REQUEST OF THE CLERK OF THE CIRCUIT COURT FORAMS OFFICE
TO BECOME A BUDGET OFFICE INSTEAD OF A FEE OFFICE. RALPH HARRIS, CLERK OF
CIRCUIT COURT DID PRESENT A LETTER STATING SAME, BUT NEGLECTED TO INCLUDE
AN EFFECTIVE DATE.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOUTION No. 75-46, SUBJECT TO
THE CLERK OF CIRCUIT COURT SUBMITTING ANOTHER LETTER WHICH WILL INCLUDE AN
EFFECTIVE DATE OF OCTOBER 1, 1975.
15
JUL 2 31975
JUL 2 3 1975
BOARD OF COUNTY COMMISSIONERS
VERO BEACH • FLORIDA 32960
July 23, 1975
Indian River County
Board of County Commissioners
Vero Beach, Florida 32960
Gentlemen: a1
I am requesting that the office of the Clerk
of the Circuit Court be placed on a budget system as
opposed to the fee arrangement as set out in Chapter
145, Florida Statutes, effective October 1, 1975.
Thanking you, I remain
Very respectfully,
Clerk Circuit Court
rt ct ..74
RESOLUTION NO. 75-46
WHEREAS, the Board of County Commissioners of Indian River County
Florida, must insure the uninterrupted continuation of service provided by
the Clerk of the Circuit Court, and
WHEREAS, the fees received by the Clerk of the Circuit Court are
projected to be less than his actual expense during the current fiscal year, and
WHEREAS, Florida Statutes, Chapter 145.41, states that:
Deficiency to be paid by board of county commissioners. -
should any county officer have insufficient revenue from
the income of his office, after paying office personnel
and expenses, to pay his total annual salary, the board
of county commissioners shall pay any deficiency in salary
from the genera] revenue fund and notify the department
of banking and finance. The deficiency shall be listed
in the comptroller's annual report of county finances
and county fee officers. And,
WHEREAS, this Board and the Clerk of Circuit Court do intend to
enter into an agreement, by resolution, for the 1975-76 fiscal year, as provided
by Florida Statute 145.022, but do not wish to complicate the books of account
for the Board and the Clerk by changing the method of funding at this late date,
of the fiscal year.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS,
AND THE CLERK OF CIRCUIT COURT, OF INDIAN RIVER COUNTY, FLORIDA, that they do
hereby agree that the Board of County Commissioners will fund the Clerk by monthly
subsistence in an amount necessary to meet the monthly deficiency of funds for
his office operation, and continue this agreement through, and ending September
30, 1975.
July 23, 1975 BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
Attest: By
a/(/a,e/
Clerk
adaz
Chairman 7
NOTE: Certified copies of this resolution are to be provided to both the
Comptroller and the Auditor General, State of Florida.
JUL 231975
nc�n�,cx ,
r� 75
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 75-47, SUBJECT TO
A LETTER FROM THE CLERK OF CIRCUIT COURT WHICH INCLUDES AN EFFECTIVE DATE
OF OCTOBER 1, 1975.
18
JUL 2 3 1975
1H. 176
RESOLUTION NO. 75-47
WHEREAS, the Board of County Commissioners and the Clerk of Circuit
Court of Indian River County, Florida, desire to enter into an agreement as
provided by Florida Statute 145.022, 1973 edition, and
WHEREAS, an interpretation of Chapter 145 has been made by the
Attorney General, State of Florida, (AGO 061-151, dated September 25, 1961) '
and that this interpretation Is currently valid, and
WHEREAS, the Clerk will deposit with the Board of County Commissioners,
without exception, all fees and commissions earned in offices under his
jurisdiction, and
WHEREAS, the Board will, in turn, pay all reasonable and necessary
expenses incurred by the Clerk in the operation of offices under his jurisdiction,
including the Clerk's salary as provided in Chapter 145, and
WHEREAS, the Clerk has voluntarily adjusted his operations to
minimize expense during the present economic recession, and
WHEREAS, the Clerk does petition.Yhe Board to directly pay his
expenses and keep the financial records of all receipts and payments made on
his behalf, and
WHEREAS, this agreement is not to imply that the Clerk is
considered an employee of the Board, and in fact, the Clerk's authority to
appoint deputies and employ persons and apply operational authority is not
impaired by this agreement, and
WHEREAS, if the Board fails to provide adequate funding to
the Clerk's satisfaction, it is understood that an appeal may be filed in
similarfashion as the Sheriff may use.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS,
AND THE CLERK OF CIRCUIT COURT, OF INDIAN RIVER COUNTY, FLORIDA, that they do
hereby agree that the Clerk will deposit with the Board all receipts received
bye him, and in return the Board will keep the books -of -account and will pay
direct the salary of the Clerk and all reasonable and necessary expenses incurred
by the Clerk beginning October 1, 1975, and continuing until this agreement -is
terminated.
July 23, 1975
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Attest: By
/4i7.00VC(2
erk
JUL 231975
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT,
THE BOARD UNANIMOUSLY APPROVED THE APPLICATION FOR DAVID A. MACRAE FOR A
PERMIT TO CARRY A FIREARM.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT,
THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS FOR SHARON MACKENZIE, PETER
G. SABONJOHN, JR., WILLIAM G. ROMANI AND DEBORAH M. ROMANI FOR RENEWAL PERMITS
TO CARRY FIREARMS.
CHAIRMAN LOY STATED THAT AT THE JUNE 18, 1975 BOARD MEETING THE
BOARD AGREED TO CONTINUE A PUBLIC HEARING ON AN AMENDMENT TO INDIAN RIVER
COUNTY ORDINANCE N0. 71-3, BY ADDING SECTION 31, PLANNED UNIT DEVELOPMENT
TO SAID ORDINANCE, TO AUGUST 6, 1975 AT 3:00 O'CLOCK P.M.
THE BOARD AGREED THAT THEY WOULD NOT BE PREPARED TO CONTINUE THIS
PUBLIC HEARING BY AUGUST 6, 1975.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER
THE BOARD UNANIMOUSLY AGREED TO CONTINUE THE PUBLIC HEARING ON THE PROPOSED
PLANNED UNIT DEVELOPMENT ORDINANCE ON SEPTEMBER 1OTH, 1975 INSTEAD OF AUGUST
6TH, 1975, AT A TIME TO BE DETERMINED BY THE CHAIRMAN AND THE COUNTY AD-
MINISTRATOR.
20
JUL 231975
E .x.78
THE HOUR OF 2:00 O'CLOCK P.M, HAVING PASSED, THE DEPUTY CLERK
READ THE
FOLLOWING NOTICE WITH PROOF OF
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
PUBLICATION ATTACHED TO WIT:
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
a
_in the matter of
of 7 -
In the Court, was pub -
fished 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.
Swom to and subscribed before me this . —day of._'sf!!L . A.D. %a/7i--
•
( iness Manager)
(CI of the Circuit Court, Indian River County, Florida)
(SEAL)
22
JUL 23 197
?CI
NOTICE
• NOTICE IS HEREBY GIVEN
Mat 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:
That part of Tracts 3, 6, and 7,
lying West of 1.95, in Section
36, Township 33 -South, Range
38 -East, according to the last
general plat of lands of Indian
River Farms Company ac-
cording to the plat thereof as
recorded in Plat Book 2, page
25, public records of St. Lucie
County, Florida; said Land now
lying and being in Indian River
County, Florida; AND
That part of Tracts 4 and 5,
Section 36, Township 33 -South,
Range 38 -East, Indian River
Farms Company Subdivision
as recorded In Plat Book 2,
page 25 of Public Records of
St. Lucie County, now tying
and being in Indian River
County, Florida, lying West of
Interstate 95 Highway and
East of Florida Power & Light
Company Easement as
described in Official Record
Book 60, page 395, Public
Records of Indian River
County, Florida; said parcel
being more particularly
described as follows:
, From the Northeast corner of
said Tract 5, run South 00
degrees 25' 48" West along the
East line of said Tract 5, a
distance of 35.00 feet to the
Easterly right-of-way of said
Florida Power and Light
Company Easement; Thence
run North 36 degrees 21. 01"
West along said Easterly
right-of-way a distance of
1705.11 feet to the North line of
saki Tract4; Thence run South
899 degrees 29' 12" East along
the North line of said Tract 4 a
distance of 841.44 feet to the
West right-of-way of 1-95 High-
way; Thence run South 24
degrees 58' 17" East along said
right-of-way a distance of
214.00 to the point of curvature
of a curve on said right-of-
way; Thence run along said
curved right-of-way, said
curve being concave to the
Northeast and having a radius
: 015879.58 feet and 8 delta angle
of 01 degrees 57' 46", an arc
distance of 201.42 feet to the
East line of said Tract 4;
Thence run South 00 degrees
32' 15" West along said East
line of Tract 4 a distance of
955.70 feet to the Southeast
corner of said Tract 4, same
being the Northeast corner of
Tract 5 and point of begin-
ning;
LESS AND EXCEPTING the
North 30 feet of said Tract 4
being canal rightaf-way.
Be changed from A -
Agricultural District, to R -1E
Country Estate 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, June
26, 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 Courthouses
Vero Beach, Florida, on Wed.
nesday, July 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
"..hairman
une 1, 1975.
;f
k
3a:179
CLIFF REUTER, REAL ESTATE AGENT REPRESENTING THE OWNERS OF THE
ADVERTISED PROPERTY PRESENTED THE FOLLOWING LETTER AND REQUESTED IT BE
MADE A PART OF THE MINUTES.
ANN REALTY, INC.
Ann Reuter, Registered Real Estate Broker
P. O. BOX 3526 — VERO BEACH, FLORIDA 32960
Suite 210E
2001 Building - 9th Avenue
a
c:11% Ccw041- C
1
d , 0 div.GhfLtrul
ire d,,LA- - 1414/4 r„s, Pa&
01 Vet Reke1''
�. 4eP0 tom.. 9 GA -R4.,
3. & + 4
e 441) trIAA + Ac
Telephone
(305) 569-0351 - (305) 567-9192
Rj‘,...e 7
leoLiA
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD.. THERE
WERE NONE.
ON MOTION BY COMMIS6IONER SIEBERT, SECONDED BY COMMIS§IONER
SCHMUCKER, THE BOARD UNANIMOUSLY AGREED THAT THE REQUEST OF DAVID JACKSON
AND OTHERS FOR CONSIDERATION OF A REZONING PETITION BE CONTINUED UNTIL
AUGUST 20, 1975 AT 3:00 O'CLOCK P.M.
21
Ai2 3 fal5 nnk
E 180
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
a
—_in the matter of
In the
lished in said newspaper in the issues of
Court, was pub-
3; )C
Affiant further says that the said Vero Beach Press -Journal is a newspapefpublished 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
(SEAU
day of--__ - - A.D.
(B
anager) _
Clerk of'fhe Circuit Court, Indian River County, Florida)
NOTICE
NOTICE I5 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:
The South 660 feet of the SE IA
of SE Va of Section 30, Town.
ship 31 -South, Range 39 -East,
Indian River .County,
Florida.
Be changed from C-1 Com-
mercial District, to 12.1E
Country Estate District.
A put?lic 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, June
26, 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, July 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
June 5, 1975.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD.
HARRIET WILSON APPEARED AND STATED THAT SHE IS REQUESTING A ZONING
CHANGE FROM C-1 COMMERCIAL DISTRICT TO R -1E COUNTRY ESTATE DISTRICT,
VAL BRENNAN, PLANNING DIRECTOR WAS PRESENT AND STATED THAT THIS
PROPERTY IS LOCATED IN THE AREA OF LATERAL "A" AND WABASSO ROAD. HE CON-
TINUED THAT THERE IS A STRIP OF LAND ON.WABASSO'ROAD THAT IS ZONED COMERCIAL,
THERE ARE NO COMMERCIAL BUILDINGS IN THE AREA, BUT THERE ARE RE-
SIDENTS IN THE AREA. MRS. WILSON HAD ORIGINALLY REQUESTED REZONING OF ONE
ACRE OF HER PROPERTY, BUT THE ZONING COMMISSION RECOMMENDED REZONING OF HER
20 ACRES OF PROPERTY AND NOT JUST THE ONE ACRE. MRS. WILSON AGREED WITH
THE ZONING COMMISSION'S RECOMMENDATION.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT)
THE BOARD UNANIMOUSLY GRANTED REZONING AS REQUESTED BY HARRIET WILSON AND
RECOMMENDATED BY THE ZONING COMMISSION, AND ADOPTED RESOLUTION No. 75-48.
23
JUL 231975
.;Q LI' 181
RESOLUTION NO. 75-48
WHEREAS, the Zoning Commission.of Indian River County, Flor-
ida, did, after public hearing, make its final report recommend-
ing changes and additions to the Zoning Ordinance of Indian River
County, Florida; and,
WHEREAS, this Board did publish its notice of said recommend-
ed changes and additions and did, pursuant thereto, hold a public
hearing in relation thereto at which parties in interest and citi-
zens 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 following
J
> property owned by Harriet Wilson, situated in Indian River County,
Florida, to -wit:
The South 660 feet of the SE 1/4 of SE 1/4 of Section
30, Township 31 -South, Range 39 -East, Indian River
County, Florida.
Be changed from C-1 Commercial District, to R -1E Country
Estate District.
All within the meaning and intent and as set forth and
described in said Zoning Regulation.
JUL 231975
� ' -a�r182
CHAIRMAN LOY STATED THAT SHE HAD RECEIVED A LETTER FROM SHERIFF
SAM T. JOYCE ASKING IF IT:IS NECESSARY TO CONTINUE SUBMITTING TO THE
BOARD THE "REPORT OF CITATIONS" WHICH THE SHERIFFS DEPARTMENT SUBMITS
MONTHLY TO THE COUNTY COMMISSIONERS .
THIS REPORT ADVISES WHAT CITATIONS WERE ISSUED, NAMING THE PERSON,
THE AREA, AND THE REASON.
THE SHERIFF STATED THAT THIS REPORT TAKES A CONSIDERABLE AMOUNT OF
TIME TO PREPARE AND HAS SHOWN THAT CERTAIN ROADS IN THE COUNTY, THAT WERE THE
CONCERN OF THE COMMISSIONERS, WERE AND ARE BEING PATROLLED,
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY AGREED TO RELIEVE THE SHERIFF'S DEPARTMENT
OF THE DUTY OF PREPARING THE MONTHLY "REPORT OF CITATIONS".
CHAIRMAN LOY INFORMED THE BOARD THAT SHE HAD RECEIVED A TELEPHONE
CALL FROM WILLIAM DUPPER, TOWN OF INDIAN RIVER SHORES COUNCILMAN, REQUESTING
THAT THE TOWN OF INDIAN RIVER SHORES BE PLACED ON THE AGENDA FOR TODAY'S
MEETING. CHAIRMAN LOY CONTINUED THAT SHE INFORMED MR. DUPPER OF THE
BOARD'S POLICY AND PROCEDURE TO BEING PLACED ON THE AGENDA AND SHE SUGGESTED
THAT THEY APPEAR TODAY AND REQUEST THE BOARD TO LISTEN TO THEM.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT
THE BOARD. UNANIMOUSLY AGREED TO PLACE THE TOWN OF INDIAN RIVER SHORES
COUNCILMAN ON TODAYSNAGENDA.
MR. DUPPER STATED THAT HE IS APPEARING TODAY ON BEHALF OF THE TOWN
OF INDIAN RIVER SHORES ON A SUBJECT THAT HAS BEEN DISCUSSED IN THE PAST RE-
GARDING BUDGETING MONEY FOR FIRE EQUIPMENT FOR THE TOWN. HE CONTINUED THAT
THE LAST TIME HE APPROACHED THE COMMISSION HE WAS INFORMED THAT THEY WERE
PREPARING FOR THEIR YEARLY BUDGET SESSIONS AND AT THAT TIME MENTION WAS MADE
THAT THERE WOULD BE SOME SORT OF DISTRIBUTION MONEY TO INDIAN RIVER SHORES IF
POSSIBLE. HE QUESTIONED WHAT HAS COME OUT OF THE BUDGET HEARINGS AND IF
THE TOWN WILL BE GETTING ANY MONEY.
COMMISSIONER SIEBERT STATED THAT THE FIRST BUDGET SESSION WILL BE ON
JULY 29TH, 1975, AND ANYTHING THE BOARD SPENDS ON FIRE PROTECTION, THE
TOWN OF INDIAN RIVER SHORES WILL BE GIVEN EQUAL CONSIDERATION AS WILL ALL
FIRE DEPARTMENTS IN INDIAN RIVER COUNTY.
CHAIRMAN LOY STATED THAT WE HAVE NOT HAD THE FIRST WORKSHOP ON THE
BUDGET. THE REQUEST OF $50,000.00 FROM THE TOWN OF INDIAN RIVER SHORES
IS LISTED IN THE TENTATIVE BUDGET. THE TOWN HAS A LETTER FROM THIS BOARD
25
JUL 2 31975
nu183
;vs q�y� ���,
•
STATING THAT THEIR REQUEST WOULD BE DECIDED ON A FAIR AND EQUITABLE BASIS.
GORDON JOHNSTON, ATTORNEY, TO THE TOWN OF INDIAN RIVER SHORES COUNCIL
APPEARED STATING THAT 90 DAYS AGO THE TOWN COUNCIL PASSED A RESOLUTION
RELATIVE TO DUAL TAXATION AND WHETHER OR NOT THE COUNTY WILL EXCLUDE THE TOWN
OF INDIAN RIVER SHORES FROM DUAL TAXATION. THE RESOLUTION REQUESTED THE
COUNTY COMMISSION TO GIVE AN ANSWER TO THE TOWN COUNCIL WITHIN 90 DAYS OF
THE PASSING OF THE RESOLUTION, REGARDING THE FIVE AREAS WHICH SERVICES
PROVIDE NO BENEFIT TO THE PERSONS OR PROPERTY LYING WITHIN THE TOWN OF INDIAN
RIVER SHORES. MR. JOHNSTON STATED THAT THE -90 DAY PERIOD EXPIRES TODAY AND
THEY HAVE RECEIVED NO ANSWER TO THIS RESOLUTION. HE CONTINUED THAT THE
TOWN HAS INDICATED THAT THE NEXT STEP WOULD BE TO BRING THIS QUESTION TO
COURT FOR SETTLEMENT.
CHAIRMAN LOY STATED THAT TO HER KNOWLEDGE THE BOARD DID NOT RECEIVE
A COPY OF THE RESOLUTION, BUT HAD RECEIVED A COPY OF A LETTER DATED JANUARY
13, 1975 WHICH STATED THAT THE TOWN COUNCIL WOULD ON JANUARY 23, 1975 ADOPT
A RESOLUTION.
COMMISSIONER SIEBERT STATED THAT HE DOES NOT FEEL THE TOWN COUNCIL
HAS MADE A STRONG ENOUGH CASE ON WHETHER THEY USE THE SERVICES OR NOT. HE
PERSONALLY WOULD NOT VOTE TO EXEMPT THE SHORES FROM TAXATION. HE CONTINUED
THAT HE DID NOT RECEIVE THE RESOLUTION REFERRED TO BY ATTORNEY JOHNSTON._
CHAIRMAN LOY EXPRESSED CONCERN THAT THE TOWN OF INDIAN RIVER SHORES
WOULD WANT TO SUBJECT THE ENTIRE POPULATION OF THE COUNTY TO A LAW SUIT TO
SETTLE THIS,
CHAIRMAN LOY STATED THAT SHE FEELS THE SAME AS COMMISSIONER SIEBERT,
AND THAT THE INFORMATION THE TOWN HAS PRESENTED WOULD IN NO WAY CHANGE HER
FEELINGS IN THE WAY THE BOARD HAS BUDGETED AND SET-UP THE NEEDS OF THE
COUNTY.
J--` ATTORNEY JOHNSTON ASKED IF THE BOARD'S ANSWER TO THE TOWN COUNCIL
IS THAT THE COUNTY WILL NOT EXCLUDE THE TOWN FROM THESE DUAL TAXES.
COMMISSIONER SCHMUCKER AND COMMISSIONER MASSEY STATED THAT
THEY HAD NOT RECEIVED THIS RESOLUTION REFERRED TO BY ATTORNEY JOHNSTON AND
THEY WOULD NEED MORE INFORMATION BEFORE GIVING AN ANSWER.
COMMISSIONER SIEBERT STATED THAT HE DID NOT FEEL WE WERE BUCKING A
DEADLINE AND THAT THE BOARD COULD GIVE A DEFINITE ANSWER AT THE NEXT MEETING,
THE BOARD AGREED TO HOLD A WORK -SHOP SESSION ON AUGUST 28, 1975
AT 7:30 O'CLOCK P.M. TO DISCUSS THE VERO BEACH INDIAN RIVER COUNTY GROWTH
POLICY. THE ZONING COMMISSION AND CONSULTANTS ADLEY AND ASSOCIATES WILL BE
26
JUL 231975
E.1,84
INVITED TO ATTEND THIS WORK -SHOP SESSION.
COMMISSIONER SIEBERT DISCUSSED WITH THE BOARD THE INTENT OF ORDINANCE
N0. 74-20 AND HE SUGGESTED•THAT THIS ORDINANCE BE GIVEN FURTHER CONSIDERATION
AND REVIEW IN ORDER THAT IT CAN BE APPLIED MORE EQUITABLY TO THE SMALL LAND
OWNERS,
THE BOARD AGREED TO INSTRUCT THE ATTORNEY TO REVIEW ORDINANCE No.
74-20 AND SEE IF HE CAN COME UP .WITH ADDITIONAL SUGGESTIONS.
COMMISSIONER SIEBERT STATED THAT IN CONVERSATION WITH ROLAND MILLER,
MAYOR OF THE TOWN OF INDIAN RIVER SHORES AND WILLIAM DUPPER, COUNCILMAN,
THE 'TRACKING STATION° LOCATED ON NORTH STATE ROAD AIA WAS DISCUSSED. THE
TOWN OF INDIAN RIVER SHORES HAS IN THE PAST INDICATED AN APPARENT OPPOSITION
TO THE COUNTY DEVELOPING THE TRACKING STATION AS A COUNTY PARK. IN THIS
DISCUSSION IT WAS POINTED OUT, THAT THE COUNTY, IF THIS PARK IS ACQUIRED,
WOULD BE DEVELOPED IN A MANNER ACCEPTABLE TO THE TOWN AND THE CONTROL OF THE
PARK WOULD ALSO HAVE TO BE ACCEPTABLE TO THE TOWN, MAYOR MILLER AND MR,
DUPPER INDICATED THAT WITH THE CONCURRENCE OF THE BOARD THEY COULD WORK
THESE TWO PROBLEMS OUT AND IF IT WAS ACCEPTABLE TO THE TOWN COUNCIL, HE
WOULD SUPPORT A RESOLUTION IN BEHALF OF THE TOWN OF INDIAN RIVER SHORES IN
THE COUNTY ACQUIRING THE.:TRACKING STATION.
CHAIRMAN LOY STATED THAT THE BOARD WOULD HAVE NO OBJECTIONS TO -
THE TOWN RUNNING THE PARK WITH THE BOARD'S CONCURRENCE AND SHE APPOINTED
COMMISSIONER SIEBERT TO WORK WITH COUNCILMAN DUPPER TO WORK OUT THE DETAILS,
COMMISSIONER SCHMUCKER QUESTIONED THE STATUS OF THE OLD GRANT
BUILDING THAT THE BOARD WAS CONSIDERING FOR POSSIBLE PURCHASE.
THE COUNTY ADMINISTRATOR STATED THAT HE DID CONTACT A LOCAL CON-
TRACTOR AND DONALD ADAMS, BUILDING DIRECTOR AND DISCUSSED WHAT THE BOARD HAD
REQUESTED, BOTH THESE MEN STATED THAT THEY WOULD BE GLAD TO LOOK THE BUILD-
ING OVER, BUT IN ORDER TO MAKE A COMPLETE EVALUATION IT WOULD TAKE A GREAT
DEAL OF TIME AND AN ENGINEER WORKING WITH THEM.
COMMISSIONER SCHMUCKER STATED THAT WHAT WE WANT TO KNOW IS IF WE CAN
COME BACK WITH A COUNTER -PROPOSAL. THE SELLERS ARE ASKING $90,000.00 FOR THAT
BUILDING. HE CONTINUED THAT HE CALLED A CONTRACTOR AND ASKED IF HE WOULD
GO OVER AND LOOK AT THE BUILDING AND GIVE US HIS GUESSTIMATE TO PUT:THIS
BUILDING IN GOOD CONDITION ACCORDING TO THE BUILDING CODE,
THE COUNTY ADMINISTRATOR STATED THAT THE CONTRACTOR HE SPOKE WITH
STATED THAT HE COULD NOT GIVE A GUESSTIMATE AS HE POSSIBLY COULD BE OFF BY
THOUSANDS OF DOLLARS. MR. ADAMS SUPPORTED THIS CONTRACTOR'S THINKING.
27
JUL 231975
24r-
AFTER FURTHER DISCUSSION A MOTION WAS MADE BY COMMISSIONER
SCHMUCKER, SECONDED BY COMMSSIONER SIEBERT, THE BOARD UNANIMOUSLY AGREED
TO INFORM ANN REUTER, REAL ESTATE AGENT THAT WE ARE NOT INTERESTED IN
PURCHASING THE OLD GRANT BUILDING.
COMMISSIONER SCHMUCKER PRESENTED A.REPORT TO THE BOARD OF A MEETING
HE ATTENDED WITH THE FLORIDA FLOOD CONTROL DISTRICTS AND THE CORPS OF
ENGINEERS. HE STATED THAT THE CORPS OF ENGINEERS REVIEWED A PLAN FOR BLUE
CYPRESS LAKE AND IT IS ALMOST THE SAME AS THE ORIGINAL PLAN, THE ONLY
CHANGE MADE IS THAT THEY WILL PUMP WATER FROM THE CANAL TO THE LAKE. THE
CORPS HAS STATED THAT UNLESS THEY RECEIVE RESOLUTIONS SHOWING THAT INDIAN
RIVER AND BREVARD COUNTIES; THE LEGISLATURE; AND SENATORS ARE IN FAVOR
OF THIS PROJECT, THEY WILL SHELVE THE PROJECT.
COMMISSIONER SCHMUCKER STATED THAT HE IS IN FAVOR OF THIS PROJECT
BECAUSE ANYTHING WE DO TO CONSERVE WATER IS_BETTER THAN IT IS NOW AND
BREVARD COUNTY IS FACED WITH A BIGGER PROBLEM THEN WE ARE BECAUSE OF THE
DEVELOPMENT IN THAT COUNTY.
THE BOARD AGREED TO NOTIFY SENATOR PHILIP D. LEWIS OF THIS PROJECT
AND TO OBTAIN HIS CONCURRENCE. THE NEXT STEP WOULD BE TO TRY AND SCHEDULE
A MEETING WITH REPRESENTATIVES OF THE WATER MANAGEMENT DISTRICTS, OUR
LEGISLATIVE DELEGATION, OFFICIALS FROM BREVARD COUNTY TO SEE IF AN:AGREEMENT
QOULD BE PREPARED IN FAVOR OF THE CORPS OF ENGINEERS'PROPOSED PROJECT
AT BLUE CYPRESS LAKE.
THE BOARD SCHEDULED WORK -SHOP BUDGET SESSION FOR JULY 29,30 AND
31ST/1975 AT 7:30 O'CLOCK IN THE COUNTY COMMISSION ROOM.
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 No. 4657 - 4709 INCLUSIVE; ROAD
AND BRIDGE FUND No. 2408 - 2452 INCLUSIVE; FINE AND FORFEITURE FUND Nos. 925 -
928 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE
CLERK OF THE CIRUCIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS
BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE
LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE
A PART OF THESE MINUTES,
28
JUL 231975
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND
CARRIED, THE BOARD ADJOURNED AT 4:25 O'CLOCK P.M.
ATTEST: �a
CLERK
29
JUL 231975
CHAIRMAN
1:1187