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HomeMy WebLinkAbout8/6/1975AUG 6 1975 WEDNESDAY, AUGUST 6, 1975 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA MET IN REGULAR SESSION AT THE COURTHOUSE,`VERO BEACH, FLORIDA, ON WEDNESDAY, AUGUST 6, 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 C. WODTKE, JR. 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 GEORGE G. COLL'NS JR., ATTORNEY SAT IN FOR HIM. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER WODTKE LED THE PLEDGE OF ALLEGIANCE TO THE FLAG AND REVEREND CHARLES WILSON, FROM THE CHURCH OF CHRIST GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF JULY 17, 1975. THERE WERE NONE AND ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF -JULY 17, 1975, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF JULY 23, 1975. CHAIRMAN LOY REQUESTED ON PAGE 7, FIRST PARAGRAPH, FOURTH LINE,...; THAT PORTION OF THE LINE READING "...CROSSING AT ROSELAND ROAD." BE CHANGED TO READ "....CROSSING AT BAY STREET IN ROSELAND." CHAIRMAN LOY STATED THAT PAGES 21 AND 22 ARE..NOI:.IN CORRECT SEQUENCE AND THAT THEY SHOULD BE REVERSED. THESE CORRECTIONS HAVING BEEN MADE, A MOTION WAS MADE BY COM— MISSIONER-SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF JULY 23, 1975, AS WRITTEN. AT THE JULY 23RD MEETING THE COUNTY ADMINISTRATOR WAS INSTRUCTED TO INVESTIGATE THE POSSIBILITY OF USING CITY WATER INSTEAD OF DIGGING A NEW WELL AND PURCHASING A NEW PUMP TO CORRECT AIR CONDITIONING PROBLEMS AT THE COURTHOUSE ANNEX. MR, JENNINGS STATED THAT THEIR AIR CONDITelI,ONING SYSTEM RUNS ON wr WELLS BECAUSE THE COST OF CITY WATER WOULD BE APPROXIMATELY $500.00 PER MONTH FOR THE GALLONAGE NEEDED TO RUN THIS SYSTEM. 800A 23 PACE 188 MR. .JENNINGS STATED THAT THE SYSTEM AS IT IS NOW IS INADEQUATE TO DO THE JOB, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR TO PROCEED•WITH THE WORK TO BE DONE TO CORRECT THE PROBLEM WITH THE AIR CONDITIONING SYSTEM IN THE COURTHOUSE ANNEX, THE COUNTY ADMINISTRATOR INFORMED THE BOARD OF A LETTER FROM KENNETH F. KELLY, PRESIDENT OF THE WABASSO TEEN CIVIC CLUB, REQUESTING THE COUNTY TO CLEAR THE UNDERBRUSH ON A 10 ACRE PARCEL OF COUNTY PROPERTY LOCATED SOUTHEAST OF THE WABASSO CEMETARY AND KNOWN AS THE PROPOSED WEST WABASSO PARK, ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR TO CLEAR THE UNDERBRUSH AT THE PROPOSED WEST WABASSO PARK, AS REQUESTED BY KENNETH F. KELLY, PRESIDENT OF THE WABASSO TEEN CIVIC CLUB, KENNETH F. KELLY, PRESIDENT OF THE WABASSO TEEN CIVIC CLUB, ALSO IS REQUESTING THE COUNTY TO WORK WITH THE CLUB TO IMPROVE THE HEALTH STANDARDS OF THEIR COMMUNITY BY HAVING GARBAGE RECEPTACLES PAINTED. THEY WILL SUPPLY THE RECEPTACLES AND ARE REQUESTING THE COUNTY TO PAINT THEM. THE ADMINISTRATOR STATED THAT THE COUNTY GARAGE IS EQUIPPED TO DO THIS. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR TO PROCEED WITH HAVING THESE GARBAGE RECEPTACLES PAINTED AS REQUESTED BY MR. KELLY OF THE WABASSO TEEN. CIVIC CLUB, THE BOARD REQUESTED THAT THE FOLLOWING LETTER BE MADE A PART -0F.THESE MINUTES. 2 A06 61975 • 0004 3 PA:_ 489 From the Office of: J. Lewis Greene Director of Public Works 1700 27th Street Vero Beach, Florida City of Vero Beach 1053 - 201b PLACE VERO BEACH, FLORIDA - 32960 Tekpboao 367-3134 Mr. Jack G. Jennings County Administrator Indian River County Courthouse Vero Beach, Florida 32960 32960 ,1 July 29, 1975 Rea Joint Endeavor to Prepare Proposed Access Road to New Boat Launching Ramp and Picnic Facilities Dear Jack: We appreciate the positive action of the County Commission in granting you per- mission to help us on this project. Due to the unexpected high bids, we are requesting that the City Council authorize the Public Works Department to act as the contractor to construct the boat launch- ing ramp. (These bids received since our earlier request.) We respectfully request that the County Commission extend their helping band to embrace approximately 1500 cubic yards of plain dirt Pill from the County landfill on the airport property. We will need trucks to help us haul and your dragline to_ help with the wellpoint system and the excavation of the earthen dike after the. City has completed the concrete ramp. Thanks to the help from the County, we can accomplish this project with the funds granted to us by the State of Florida. With favorable reaction from the County Commission, we will start this project on August 12, 1975. JLG:mn • Sincerely, ' CITY OF VERO BEACH Lewis Greene Director of Public Works AFTER DISCUSSION, A MOTION WAS MADE,BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE -COUNTY ADMINISTRATOR TO WORK WITH THE CITY BY FURNISHING THE DRAGLINE AND DUMP TRUCKS AS REQUESTED IN THE FOREGOING LETTER FROM MR, GREENE, DIRECTOR OF PUBLIC WORKS FOR THE CITY OF VERO BEACH, AT THE JULY 9, 1975 MEETING, GILBERT TOTTEN APPEARED REQUESTING THAT THE COUNTY EXTEND GIBSON STREET IN THE ROSELAND AREA SOUTH PAST HIS PROPERTY, MR. TOTTEN OWNS LOTS 3 AND 4 IN A. A. BERRY SUBDIVISION AND WOULD LIKE TO PUT UP AN INDUSTRIAL BUILDING ON HIS PROPERTY, BUT HE DOES NOT HAVE INGRESS AND EGRESS TO HIS PROPERTY, 4*' THE COUNTY ADMINISTRATOR REPORTED THAT THE COUNTY DOES NOT HAVE DEDICATED RIGHTS—OF—WAY ON GIBSON STREET TO MR, TOTTEN'S PROPERTY TO EXTEND THIS ROAD, 5 4U6 61975 404 2 E 190 COMMISSIONER SCHMUCKER SUGGESTED THAT THE COUNTY ADMINISTRATOR INVESTIGATE HOW MANY OWNERSHIPS THERE ARE ON THIS ROAD TO MR, TOTTEN'S PROPERTY. CHAIRMAN LOY READ THE FOLLOWING QUARTERLY REPORT OF PROGRESS FROM THE DEPARTMENT OF TRANSPORTATION: Florida Department of Transpor seam CM. ANNA SOMMISIOR 1-95 TOM 1101MIL AL 111011114111, MUM:CFO= - QUARTERLY REPORT OF PROGRESS.-- JULY 31, 1 INDIAN RIVER COUNTY I-95 from the St.Lucie County line to State Road 60 is estimated to be complete in August 1975. However, It mill not be open to traffic until the section from Indrio Road in St.Lucie County to the county line is completed. That contract has been let with work estimated to commence in the next few days. • PEELSHERE It is now estimated that the completion of this lob -13IDGE mill be some time in August 1975. Wet STREET The consultant contract for construction plans has been •"BRIDGE The section from St.Lucie County line to State Road 60 v111 be resurfaced in the late fall as an experimental -project with the newly revised Federal Aid structure. • • Ben C. Simpson District Four Engineer • Any questions concerning this Quarterly Report may be - _addressed to the Florida Department of Transportation, 780 S.V. 24 Street, Fort Lauderdale, Florida 33315, or call Mr. Charles Bushey, Aem4fostrative Assistant, 524-8621. 11 AUG 6 1915 I. 8.7,4 23 At16 61975 AT THE JULY GOTH AND 23RD MEETINGS, THE BOARD DISCUSSED PRO VISIONS TO BE INCORPORATED IN A WATER PURCHASE CONTRACT BETWEEN THE COUNTY AND URBAN DEVELOPMENT UTILITIES. PRESENT TODAY FOR FURTHER DISCUSSION REGARDING THIS CONTRACT WERE DR. DAVID SMITH AND JAMES BEINDORF, COUNTY CONSULTING ENGINEERS; CHARLES HERRING, ATTORNEY REPRESENTING URBAN DEVEL- OPMENT UTILITIES; ROBERT JONES AND MR, ALEXANDER, REPRESENTING FARMERS HOME ADMINISTRATION; AND LEON YOUNG, REPRESENTING URBAN DEVELOPMENT UTILITIES. DR. SMITH REVIEWED THE PROPOSED WATER PURCHASE CONTRACT AND EXPLAINED THE FOLLOWING ADDITIONS AND CORRECTIONS: 1, THE SERVICE AREA WAS WRITTEN INTO THE CONTRACT, ATTORNEY COLLINS SUGGESTED TO THE BOARD THAT A MAP OF THIS SERVICE AREA BE INCLUDED WITH THE CONTRACT, 2. U.D.U. WILL OWN THE PUMP METER FACILITIES IN THE WATER TREATMENT PLANT AND UPON TERMINATION OF THE CONTRACT, WILL REMOVE THEM, THE BOARD THEN DISCUSSED THE MONEY THAT U.D.U. WILL PUT IN AN ESCROW ACCOUNT TO INSURE PAYMENT OF THE MONTHLY WATER BILLS, AND WHETHER THE BOARD HAS THE RESPONSIBILITY FOR THE INTEREST ON THAT MONEY. ATTORNEY COLLINS WILL I;""_ , IGATE THIS. 3. THE CONSTRUCTION SCHEDULE WAS CHANGED FROM 12 MONTHS TO 18 MONTHS AS THE TIME LIMIT IN WHICH THE SYSTEM WILL BE COMPLETED, DR, SMITH STATED THAT THIS WAS PUT IN AS A SAFETY MEASURE AND HE HOPED THE SYSTEM WOULD BE OPERATIONAL BY THIS WINTER, ATTORNEY HERRING STATED THAT HE WOULD ACCEPT 18 MONTHS, 4. WITHIN 30 DAYS OF OPERATION, U.D.U. WILL SUBMIT QUARTERLY FINANCIAL REPORTS TO THE COUNTY, 5. No SUCCESSOR MAY BE DESIGNATED WITHOUT PRIOR APPROVAL OF THE COUNTY. DR, SMITH STATED THAT AT THE LAST MEETING THE BOARD REQUESTED THAT ATTACHED TO THE CONTRACT BETWEEN THE COUNTY AND U.D.U. THERE SHOULD BE A 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, DR, SMITH CONTINUED THAT HE HAS ANTICIPATED ADDING ANOTHER PARAGRAPH THAT STATES THAT CHARLES HERRING DOES HEREBY AGREE TO w -v not 23 puE1.92 AUG 61915 COMPLETE -AND TURN OVER TO U.D.U. WITHIN A CERTAIN DATE A SEWER TREAT- MENT PLANT AND THAT A CASH BOND TO THE COUNTY BE SET BY A CERTAIN DATE, F.H.A. AND MR, HERRING HAVE STATED THAT THEY DID NOT WANT THAT VERBIAGE INCLUDED IN THE!CONTRACT, MR, HERRING INFORMED THE BOARD THAT HE WOULD NOT BE AGREEABLE TO PUTTING UP A CASH BOND, WHICH COULD BE TIED UP FOR 18 MONTHS. CHAIRMAN LOY STATED THAT THE FRANCHISE IS FOR SEWER AND WATER, RATES TO THE CUSTOMERS ARE FOR SEWER AND WATER, AND ALL STUDIES DONE HAVE BEEN IN CONJUNCTION WITH BOTH WATER AND SEWER, THIS BOARD IS LOOKING FOR COMPLETE ASSURANCES THAT THE SEWER TREATMENT PLANT WILL BE COMPLETED AND GOING WHEN THIS WATER SYSTEM IS READY TO GO, MR, HERRING STATED THAT HE WILL NOT PUT -IN A SEWER TREATMENT PLANT AND HAVE IT SIT WAITING •FOR WATER, MR. JONES STATED THAT AT THE LAST -MEETING HE STATED THAT HE WOULD GET THE PEOPLE OF GIFFORD DECENT WATER, BUT HE IS ALSO CONCERNED ABOUT SEWER TREATMENT. WE KNOW THAT THE SEWER PROBLEMS HAVE TO BE COR- RECTED. MR. HERRING HAS MADE A PROPOSAL TO F.N.A. TO BUILD A.SEWER • TREATMENT PLANT IN THIS FRANCHISE AREA, AND THEY HAVE ACCEPTED RIS PRO- -POSAL, BUT IF FOR SOME REASON IT DOES NOT COME ABOUT, THE SEWER PROBLEM WILL BE CORRECTED, WE HAVE A LETTER OF•AGREEMENT THAT MR, HERRING WILL CONSTRUCT A SEWER TREATMENT PLANT, COMMISSIONER SCHMUCKER STATED THAT.HE FEELS THAT GIFFORD NEEDS WATER, AND HE WOULD LIKE TO GET THE SYSTEM UP THERE, IF MR, HERRING DOES NOT DEVELOP IT, SOMEONE ELSE WILL, HE FEELS THAT THE COMMISSIONERS SHOULD GO AHEAD WITH APPROVING THIS CONTRACT FOR WATER, THE STATE BOARD OF HEALTH HAS STATED THAT THE FIRST BASIC.NEED IN THIS COMMUNITY IS .WATER, 'AND THE SEWER SYSTEM COMES SECOND, COMMISSIONER WODTKE STATED THAT HE WOULD LIKE TO SEE THE BOARD HAVE ASSURANCES FROM CHARLES HERRING THAT A SEWER TREATMENT PLANT WILL BE BUILT AND IN OPERATION, IF WE ARE TALKING ABOUT DRINKING WATER, LET US STATE THAT; IF WE ARE TALKING ABOUT SEWER AND WATER, LET US STATE THAT. COMMISSIONER MASSEY STATED THAT HE FEELS THE GIFFORD FRANCHISE AREA IS LARGE ENOUGH TO EXIST AS IT IS WITHOUT MAKING IT ANY LARGER, IT WAS STATED THAT MR, HERRING'S PROJEGT IS LOCATED IN THE FRANCHISE AREA, ea3'I 23 EVE 193 AUG 61975 MR, HERRING INFORMED THE BOARD THAT HE WOULD NOT OBJECT TO BEING BONDED FOR SIX TO EIGHT MONTHS, BUT ANYTHING AFTER THAT WOULD NOT BE FEASfBLE. MR. JONES SAID THAT HE WOULD LIKE TO SEE THE CONTRACTS FOR SEWER AND WATER LET AT THE SAME TIME, IF MR, HERRING DOES NOT CONSTRUCT THE SEWER PLANT WHEN THE WATER IS AVAILABLE, THE WATER SHOULD NOT BE TURNED ON. MR. HERRING STATED THAT HE IS READY TO BUILD AND THE BOARD IS REQUESTING A CASH BOND NOW, BUT HE WILL NOT BE ABLE TO BUILD UNTIL THE WATER SYSTEM IS IN WHICH MAY TAKE A YEAR OR MORE, HE STATED THAT IF THE. BOARD WILL SET A REALISTIC TIME FOR COMPLETION, HE WOULD GO ALONG WITH THE CASH BOND. MR, JONES SUGGESTED THAT AT THE TIME OF THE CONTRACT IF MR, HERRING TOOK A PERFORMANCE BOND WOULD THAT BE SATISFACTORY TO THE BOARD? ATTORNEY COLLINS ADVISED THE BOARD THAT IT WOULD NOT BE SATIS- FACTORY. .IT WOULD HAVE TO BE KNOWN TODAY, IF POSSIBLE, THAT THE SEWER TREATMENT PLANT WILL BE CONSTRUCTED. COMMISSIONER SCHMUCKER SUGGESTED RESTRICTING THIS WATER SERVICE TO THE USERS THAT ARE THERE NOW AND THAT ADDITIONS TO THE SYSTEM WOULD BE SUBJECT TO THE BOARD'S APPROVAL. COMMISSIONER SIEBERT POINTED OUT THAT F.H.A. STATES THAT IT IS IMPERATIVE THAT WE INCREASE THE RATE STRUCTURE WHICH INCLUDES SEWER AND WATER, AND WITH A MANAGEMENT OPERATOR, IT IS IMPERATIVE THAT THE SEWER PLANT IS OPERATIONAL, MR, JONES STATED THAT THEY COULD REQUEST A CH NGE= IN THE 'E ATE SCHEDULE IT WAS STATED THAT THE U.D.U. SEWER PLANT IS OPERATING. --UNDER VIOLATION OF THE DEPARTMENT OF POLLUTION CONTROL, MR, BEINDORF STATED THAT THE MANAGER OPERATOR CANNOT MAINTAIN THE ,t PLANT WITHOUT VARS. HE DID NOT FEEL YOU CO(jLD HAVE A SUCCESSFUL OPERA- TION WITHOUT IMPROVING BOTH SYSTEMS, IT WAS STATED THAT THE PERFORMANCE BOND BE REQUIRED BEFORE THE LETTING OF THE CONTRACTS, Balk 23 PEI 194 'AUG 61975. MR, BEINDORF STATED HE FELT THAT IF MR, HERRING GETS A PERFORMANCE BOND PRIOR TO SIGNING THIS CONTRACT, IT WOULD BE THE BEST SOLUTION, COMMISSIONER SIEBERT STATED THAT HE WOULD LIKE THAT WRITTEN IN THE CONTRACT, HE ALSO POINTED OUT THAT IF WE DO APPROVE THE NEW FRANCHISE RATES FOR U.D.U., THE RATES WILL BE BASED ON A SATISFACTORY OPERATION OF WATER AND SEWER, DR, SMITH ASKED WHO THE PERFORMANCE BOND WOULD BE MADE OUT TO, MR, BEINDORF STATED THAT HE FEELS IT WOULD BE TO U.D.U. CHAIRMAN LOY RECOMMENDED THAT ATTORNEY COLLINS, MR, BEINDORF, DR, SMITH, ATTORNEY HERRING, AND MR, JONES GET TOGETHER WITH WHAT WAS OUTLINED PLUS THE LEGAL RECOMMENDATIONS THAT ATTORNEYS BURCH, COLLINS AND BROWN HAVE WORKED OUT. ATTORNEY COLLINS SAID THAT HE WILL REDRAFT THE CONTRACT WITH _ THE ITEMS THAT THE BOARD WOULD LIKE IN IT, AND THEN HE WILL SCHEDULE A MEETING WITHTHE-CONSULTING ENGINEERS, U.D.U. AND F.H.A. THE BOARD REQUESTED THAT THIS BE PLACED ON THE AGENDA FOR THE NEXT MEETING, DR, DAVID SMITH, COUNTY CONSULTING ENGINEER, REPORTED TO THE BOARD ON THE 11201 FACILITIES PLAN." HE STATED THAT LAST FRIDAY THE ENVIRONMENTAL PROTECTION AGENCY MAILED THE GRANT COMMITMENT FOR THE "201" PLAN, BUT THEY HAD NOT RECEIVED IT, THE APPLICATION HAS BEEN APPROVED AND IS READY TO GO, HE STATED IF THE BOARD PLANS ON TAKING ACTInN AT THE NEXT MEETING, A RESOLUTION SHOULD BE PREPARED BY THE ATTORNEY AND THE PLANNING DIRECTOR BE INSTRUCTED OF THE WORK THAT WILL HAVE TO BE DONE, CHAIRMAN LOY REQUESTED DR, SMITH TO WRITE A LETTER TO ATTORNEY "BURCH REGARDING PREPARATION OF THIS RESOLUTION, S. P. MUSICK, SURVEYOR, REPRESENTING DANIEL CAMPBELL, APPEARED REQUESTING AN EXTENSION OF TENTATIVE APPROVAL OF SUBURBAN ACRES, FORMERLY KNOWN AS PLAN OF DEVELOPMENT OF DANIEL CAMPBELL. THEY HAD RECEIVED TENTATIVE APPROVAL ON JULY 15, 1974, BUT THE TIME LIMIT HAS ELAPSED ON IT AND THEY ARE NOW REQUESTING A SIX-MONTH EXTENSION OF TIME, THEY FEEL SURE THE PROJECT WILL BE COMPLETED IN THAT SIX MONTHS' TIME, THIS IS A Hut 23 11_E19 PRIVATE ROAD SUBDIVISION WHICH COMES UNDER THE OLD REGULATIONS AND NOT UNDER THE NEW SUBDIVISION REGULATIONS ORDINANCE 75-3. THE COUNTY ADMINISTRATOR STATED THAT HE HAS BEEN OUT TO REVIEW THIS SUBDIVISION AND STATED THAT THERE IS SUFFICIENT RIGHT-OF-WAY. IF THIS IS HANDLED AS A NEW REQUEST FOR TENTATIVE APPROVAL, IT WOULD GO BACK TO.THE SUBDIVISION REVIEW COMMITTEE AND THE ONLY RECOMMENDED CHANGE THEY WOULD MAKE WOULD BE THAT THE ROAD BE PAVED TO COUNTY SPECIFICATIONS, IF AN EXTENSION OF TENTATIVE APPROVAL IS 'GRANTED, THE ROADS WILL BE MARL ROADS, COMMISSIONER MASSEY ASKED IF CONSTRUCTION WAS STARTED BY JULY 10, 1975, AND MR, CAMPBELL STATED THAT WORK WAS STARTED PRIOR TO JULY 10,1975, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY GRANTED AN EXTENSION OF TENTATIVE APPROVAL FOR SIX MONTHS TO SUBURBAN ACRES FORMERLY CALLED PLAN OF DEVELOPMENT OF DANIEL CAMPBELL, THE COUNTY ADMINISTRATOR STATED THAT ENGINEERS AND SURVEYORS SHOULD BE ON NOTICE THAT HE WILL NOT RECOMMEND TIME EXTENSIONS OF PRIVATE ROAD SUBDIVISIONS THAT WERE STARTED PRIOR TO THE NEW SUBDIVISION REGULA-` TIONS ORDINANCE 75-3. PETER G. ROBINSON , ROBERT T. SHUTTS, AND BILL DAVIS WITH LAUREL HOMES APPEARED AND REQUESTED TENTATIVE APPROVAL OF A PROPOSED SUBDIVISION CALLED LAURELWOOD SUBDIVISION, THIS PROPOSED SUBDIVISION IS LOCATED IN THE AREA OF GLENDALE ROAD, CITRUS AVENUE AND 2OTH AVENUE, MR, ROBINSON STATED THAT THE SUBDIVISION WILL HAVE MODERATE PRICED HOUSING IN THE $30,000.00 CLASS. THEY WILL APPLY FOR A SEWER -AND WATER FRANCHISE. THIS IS A 40 ACRE SITE WITH 150 LOTS, AND THE FIRST PHASE TO BE DEVELOPED WILL BE ON 2OTH AVENUE, THE COUNTY ADMINISTRATOR STATED THAT THIS SUBDIVISION HAS BEEN BEFORE THE SUBDIVISION REVIEW COMMITTEE ON JULY 18TH, AND IT IS THEIR RECOMMENDATION TO THE BOARD THAT THE PLAN IS SATISFACTORY, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF LAURELWOOD SUBDIVISION, AS PRESENTED BY LAUREL HOMES. +'D 9 MC 01975 BOBI JAMES BEINDORF, ENGINEER APPEARED REQUESTING FINAL APPROVAL OF TREASURE COVE SUBDIVISION, OWNED BY RALMAR ASSOCIATES. THIS SUBDIVISION IS LOCATED ABOUT ONE MILE SOUTH OF THE CITY LIMITS, EAST OF STATE ROAD A1A. THE COUNTY ADMINISTRATOR STATED THAT THIS IS A PRIVATE ROAD SUB- DIVISION BUILT TO COUNTY STANDARDS AND IS RECOMMENDED FOR FINAL APPROVAL. ON MOTION BY COMMISSIONER SIEBERT/ SECONDED BY COMMISSIONER SCHMUCKER,.THE BOARD UNANIMO,LSLY GRANTED FINAL APPROVAL OF TREASURE COVE SUBDIVISION. JAMES BEINDORF, ENGINEER, APPEARED REQUESTING TENTATIVE APPROVAL OF TEN COINS ON THE OCEAN SUBDIVISION. MR. BEINDORF STATED THAT THIS PROPERTY IS LOCATED IMMEDIATELY NORTH OF THE ABOVE DISCUSSED SUBDIVISION, TREASURE COVE. THIS PARCEL WILL BE DIVIDED INTO 11 LOTS AND WILL BE SERVICED BY THE SEWER FRANCHISE OF TREASURE COVE SUBDIVISION. THE WATER WILL BE SUPPLIED BY THE CITY OF VERO BEACH. MR. BEINDORF STATED THAT THERE IS AN ERROR ON THE PLAT. THE PLACING OF THE ROAD SHOULD BE ON THE NORTH SIDE OF THIS PARCEL OF PROPERTY AND THE UTILITY EASEMENTS TO THE SOUTH WHICH WOULD FACE THE REAR OF THE TREASURE COVE SUBDIVISION. THE COUNTY ADMINISTRATOR STATED THAT THIS WENT BEFORE THE SUBDIVISION REVIEW COMMITTEE AND THEY HAD NO OBJECTIONS TO THIS SUBDIVISION. THE LOCATION OF THE ROAD WAS NOT DISCUSSED BY THE REVIEW COMMITTEE, BUT HE FEELS CHANGING IT TO THE NORTH OF THE SUBDIVISION WOULD BE RECOMMENDED. ON MOTION BY 'COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MASSEY/ THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF TEN COINS ON THE OCEAN SUBDIVISION, SUBJECT TO THE CHANGE OF THE ROAD TO THE NORTH OF THE SUBDIVISION RATHER THAN TO THE SOUTH BEING REVIEWED BY.THE SUBDIVISION REVIEW COMMITTEE. ATTORNEY 'COLLINS QUESTIONED IF IT WOULD BE ADVISABLE TO ACCEPT A DEED FOR THE 20 FOOT PARCEL OF LAND BORDERING THIS DISCUSSED SUBDIVISION AND STATE ROAD A1A WHICH WAS DEDICATED TO THE COUNTY. THE BOARD AGREED THAT THE DEED TO THIS PORTION OF PROPERTY BORDERING ON STATE ROAD A1A AND THE ABOVE DISCUSSED SUBDIVISION SHOULD BE PRESENTED TO THE COUNTY WHEN THE BOARD GRANTS FINAL APPROVAL OF THE SUBDIVISION. DONALD ADAMS, BUILDING DIRECTOR APPEARED TO DISCUSS REVISING THE BUILDING PERMIT FEE SCHEDULE. MR.ADAMS STATED THAT THE CITY MANAGER HAD. REQUESTED THAT HE PREPARED A NEW FEE SCHEDULE IN ORDER FOR THE BUILDING DEPARTMENT TO OPERATE IN THE BLACK. THE REVISED FEE SCHEDULE IS COMMENSURATE WIQTH THE INCREASED COST OF OPERATING THE CITY -COUNTY BUILDING DEPARTMENT AND MR. ADAMS ANTICIPATES THAT IF THIS FEE SCHEDULE IS ADOPTED THERE SHOULD BE INCREASE IN REVENUE BY APPROXIMATELY 20%. THE DEFICIT IN THE BUILDING DEPARTMENT IS RUNNING ABOIf 4 6 61975 vot 23 PAs -E197 28Z, BUT HE IS ANTICIPATING AN INCREASE IN VOLUME WHICH WILL MAKE UP THE DIFFERENCE. THE BOARD THEN REVIEWED AND DISCUSSED THE FEE SCHEDULE. ON MOTION BY COMMISSIONER SIEBERT,'SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ACCEPTED THE RECOMMENDATIONS OF DONALD ADAMS, BUILDING DIRECTOR TO ADOPT A NEW FEE SCHEDULE TO BE EFFECTIVE OCTOBER 1, 1975 AND INSTRUCTED. ATTORNEY COLLINS TO DRAFT THE PROPER RESOLUTION ESTABLISHING THESE NEW FEES. THE COUNTY ADMINISTRATOR INFORMED THE BOARD OF A CHURCH GROUP THAT IS REQUESTING TO PURCHASE A PORTION OF COUNTY OWNED PROPERTY KNOWN AS VERO BEACH BURIAL PARKIN ORDER TO BUILD A CHURCH. THIS IS A 10 ACRE Sat LOCATED OFF NORTH GIFFORD ROAD IN THE AREA OF THE MIDDLE SCHOOLS. THE TAX ROLL REFLECTS THIS PROPERTY IN THE ABOVE NAME, BUT APPARENTLY THERI IS NO SUCH CORPORATION, AS NO TAXES HAVE EVER BEEN PAID. THE BOARD REQUESTED ATTORNEY COLLINS TO: ESTABLISH THE COUNTY'S OWNERSHIP OF THIS PROPERTY AND; TO ESTABLISH WHAT LEGAL MEANS THE COUP CAN TAKE REGARDING MOVING THE GRAVES THAT ARE REMAINING SO THAT THE/PROPERTY COULD BE USED FOR RECREATION PURPOSES. ON MOTION BY COMMISSIONER SIEBERT) SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ATTORNEY TO ORDER AN .ABSTRACT OF THE PROPERTY KNOWN AS VERO BEACH BURIAL PARK. THE COUNTY ADMINISTRATOR STATED THAT HE RECEIVED A REQUEST FROM THE DEPARTMENT OF TRANSPORTATION FOR APPROVAL OF A PROPOSED TYPICAL SECTION FOR NORTH GIFFORD ROAD FROM U.S. HIGHWAY 1 TO THE INDIAN RIVER. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED A TYPICAL SECTION OF NORTH GIFFORD ROAD FROM U.S. HIGHWAY 1 TO THE INDIAN RIVER, AS PRESENTED BY THE DEPARTMENT OF TRANSPORTATION. THE BOARD THEN RECESSED AT 12:00 O'CLOCK NOON AND RECONVENED AT 1:30 O'CLOCK P.M. GORDON .JOHNSTON, ATTORNEY REPRESENTING THE TOWN OF INDIAN RIVER SHORES APPEARED REGARDING THE TOWN'S RESOLUTION No. 148 ADOPTED APRIL 24, 1975 WHICH STIPULATES THAT THE BOARD HAS 90 DAYS TO SUBMIT AN ANSWER TO THEIR QUESTIONS ON DUAL TAXATION. CHAIRMAN LAY STATED THAT THE BOARD OFFICIALLY ACCEPTS THIS RESOLUTION N0. 148 AND IT IS HEREBY BEING MADE A PART OF THESE MINUTES. 11 AUG 61975 Anit 23 ' .E 1.98 P ALIO :13 19,75;. RESOLUTION NO. 148 A RESOLUTION PETITIONING THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,'FLORIDA, TO ESTABLISH A MUNICI- PAL SERVICES TAXING UNIT OR REMIT FUNDS TO THE TOWN OF INDIAN RIVER SHORES, FLORIDA WHEREAS, the Town Council of the Town of Indian River Shores, Florida, has determined that there are five (5) areas wil:hin the 1974-1975 Indian River County, Florida, budget which pertain to services providing no . benefit to the persons or property lying within the town of Indian River Shores, Florida; and WHEREAS, pursuant to Chapter 125.01, Florida Statutes, 1974, the governing body of a municipality may petition the Board of County Com- missioners "to develop an appropriate mechanism to finance such activity which either may be by taxes, special assessments or service charges levied solely upon residents or property in the unincorporated area, by the esta- blishment of a municipal service taxing or benefit unit pursuant to paragraph (q) of subsection (1) of this section or by remitting the identified cost of service paid by the taxes levied upon property situate within the municipality or municipalities to the municipality or municipalities"; and WHEREAS, the Town Council of the Town of Indian River Shores, Florida, has determined that it is in the best interest of its citizens and property owners to exercise this right to petition; NOW; THEREFORE, BE IT RESOLVED by the Town Council of the Town of Indian River Shores, Florida, that the Town Council does hereby petition the Board of County Commissioners to develop an appropriate mecha- nism to finance such activity which either may be by taxes, special assess- ments or s.:rvice charges levied solely upon residents or property in the • SHARP, JOIINSTON & DROWN, ATTORNEYS AT LAW, VERO REACH, FLORIDA 800a 23 f ,:`E 19 unincorporated area, by the establishment of a municipal service taxing or benefit unit pursuant to paragraph (q) of subsection (1) of this section or by remitting the identified `cost of service paid by the taxes levied upon property situate within the municipality or municipalities to the municipality or munici- palities; and further, according to Florida Statutes, Chapter 125.01, does hereby request action on said petition within ninety (90) days from date hereof. ************************************************* I, the undersigned Town Clerk of the Town of Indian River Shores, Florida, certify the foregoing to be a true copy of a Resolution duly adopted by the Town Council of said Town at a meeting held on the 24th day of April 1975. o • AUG 15 0 SHARP. JOHNSTON & DROWN, ATTORNEYS AT LAW. VERO BEACH, FLORIDA iK,okg3�ft� ATTORNEY COLLINS STATED THAT THE 90 DAY TERM OF THE RESOLUTION IS BASED ON THE TIME THE COUNTY COMMISSIONERS RECEIVE THE RESOLUTION AND NOT THE TIME IT WAS ADOPTED, WHICH WAS APRIL 25, 1975. THROUGH AN OVERSIGHT THIS RESOLUTION WAS NEVER PRESENTED TO THE COUNTY COMMISSIONERS UNTIL TODAY. HE CONTINUED THAT THE COUNTY COMMISSIONERS CAN PREPARE AN ANSWER TO THIS RESOLUTION ANYTIME WITHIN THE NEXT 90 DAYS. ATTORNEY JOHNSTON STATED THAT THE BOARD WAS PUT ON NOTICE SINCE JANUARY, 1975 OF THE AREAS WITHIN THE 197475 BUDGET WHICH PERTAIN TO SERVICES PROVIDING NO BENEFIT TO THE PERSONS OR PROPERTY LYING WITHIN THE TOWN OF INDIAN RIVER SHORES, AND HE FEELS THAT THE BOARD HAS HAD AMPLE TIME TO STUDY THIS PROBLEM AND HONOR THE REQUEST BY THE TOWN. HE CONTINUED THAT HE HAS BEEN INFORMED BY THE TOWN COUNCIL THAT IF HE DOES NOT GET AN ANSWER TODAY, HE COULD FILE A LAW SUIT AND HAVE THE COURTS DECIDE THIS ISSUE. CHAIRMAN LOY STATED THAT A GOVERNMENT STUDY COMMITTEE HAS BEEN FORMED WHICH IS THE FIRST STEP TOWARDS WORKING OUT A SOLUTION TO THIS PROBLEM, IF THERE IS A PROBLEM AND THAT COMMITTEE WILL HAVE A REPORT TO THE BOARD NO LATER THAN JANUARY, 1976. COMMISSIONER WODTKE STATED THAT HE FEELS WE SHOULD FOLLOW THE ADVICE OF OUR ATTORNEY, SINCE WE JUST RECEIVED THIS RESOLUTION. COMMISSIONER SCHMUCKER QUESTIONED ATTORNEY JOHNSTON IF THE TOWN IS ASKING TO ABSTAIN. FROM PAYING TAXES FOR THE FIVE AREAS IN QUESTION, OR IS THE TOWN ASKING FOR FIRE DEPARTMENT FUNDS? ATTORNEY JOHNSTON STATED THAT THE TOWN IS ASKING FOR TWO ITEMS: 1. REGARDING THE DUAL TAXATION PROBLEM AS CONCERNED WITH THESE FIVE ITEMS WOULD AMOUNT TO $50,000.00 SAVINGS TO THE TOWN IF THESE AREAS WERE EX- CLUDED: AND 2. IS A REQUEST FOR FUNDS FOR THE FIRE DEPARTMENT IN THE AMOUNT OF $50,000.0( COMMISSIONER WODTKE ASKED, "ARE YOU TRYING TO SAY IF YOU GET THE $50,000.00 FOR THE FIRE DEPARTMENT YOU WILL FORGET THE DUAL TAXATION." ATTORNEY JOHNSTON STATED THAT ONE WOULD WASH OUT THE OTHER. COMMISSIONER SIEBERT STATED THAT HE DID NOT THINK WE SHOULD INTER- RELATE THE TWO AND FEELS FUNDING FOR THE FIRE DEPARTMENT IS A LEGITIMATE REQUEST. HE CONTINUED THAT HE DOES NOT THINK WE COULD GIVE AN ANSWER TO THE DUAL TAXATION QUESTION WITHIN THE 90 DAYS BECAUSE OF THE COMPLEXITY OF THE PROBLEM. THE DUAL TAXATION QUESTION IS A MAIN REASON FOR HIS APPROVAL TO FORMING THE GOVERNMENT STUDY COMMITTEE. 14 AUu 6 19/5 Book 23 PASE201 COMMISSIONER SIEBERT STATED THAT OUR ATTORNEY HAS RECOMMENDED THAT WE DO NOT GIVE A DEFINITE ANSWER UNTIL WE ARE BETTER PREPARED AND CAN PUT THE ANSWER IN PROPER WRITTEN FORM AS STATED IN THE STATUTE. CHAIRMAN LOY STATED'THAT THE TOWNS REQUEST FOR FIRE PROTECTION IS A VALID REQUEST, BUT THE DUAL TAXATION IS A DIFFERENT STORY. ATTORNEY JOHNSTON STATED THAT THE COURT MAY STATE IF THE COUNTY COMMISSIONERS AGREE TO THE FIRE DEPARTMENT FUNDING REQUEST, THAT THERE IS NO DUAL TAXATION, CHAIRMAN LOY STATED THAT SHE DOES -NOT THINK THE COUNTY TAXPAYERS SHOULD BE SUBJECTED TO A LAW SUIT. THERE SHOULD BE A PROPER ANSWER PREPARED FOLLOWING THE STATUTE AND RESOLUTION NO, 148. As FAR AS THE TOWNS REQUEST FOR FIRE PROTECTION FUNDING, IT IS A VALID REQUEST AND WILL BE CONSIDERED WITH ALL OTHER FIRE DEPARTMENT REQUESTS. MAYOR EUGENE CRAGG, SEBASTIAN, APPEARED AND REQUESTED INFORMATION REGARDING THE GOVERNMENT STUDY COMMITTEE. HE CLAIMS HE WAS NOT AWARE OF THIS STUDY. CHAIRMAN LOY INFORMED MAYOR`CRAGG.THAT DURING HIS.ILLNESS .JIM KINARD WAS PRESENT AT A BOARD MEETING AND WAS INFORMED OF THIS GOVERNMENT STUDY COMMITTEE. THE BOARD SUGGESTED THAT MAYOR CRAGG CONTACT DAN RICHARDSON, CHAIRMAN OF THE GOVERNMENT STUDY FOR FURTHER INFORMATION. • THE FOLLOWING LETTER WAS RECEIVED AND THE BOARD REQUESTED THAT IT BE MADE A PART OF THESE MINUTES, 15 AUG 61975 HO1 IACE2O2 C. REED KNIGHT, JR. Owner -Manager AUG 61975 HEDGIING & TOPPING SERVICE July 29th, 1975 Mr. Jack Jennings County Administrator Room 114, County Court House Vero Beach, Florida 32960 Dear Mr. Jennings: 1306 29th St. VERO BEACH, FLORIDA 32960 I would like to inform you of my intention to apply for a non-exclusive franchise to collect and dump. solid waste material within Indian River County, Florida. I believe that I can do the job for the people of Indian River County for several reasons: 1.) I feel that.I have the business management ability for this type of work. 2.) Through my existing businesses I have a main- tenance and machine shop to maintain the equipment. 3.). I have an established labor force. 4.) I have the financial backing to purchase and maintain the proper equipment needed. As you may well know, local management is advantageous to the customers in maintaining the business. In closing, I sincerely hope that you will keep my qualifications in mind. CRK,Jr/gm Respectfully yours, C. Reed Knight, Jr. Co, /9.:/i7,. /%,/%r - C'o, Corrrn. n'ay.6 76-- THE COUNTY ADMINISTRATOR INFORMED THEBOARD OF A REQUEST FROM THE BOY WONDER EVANGELIST CRUSADE REQUESTING APPROVAL TO HOLD A TENT REVIVAL MEETING FROM AUGUST 18TH TO SEPTEMBER 19TH, 1975 ON LOT 18, CANNON SUB- DIVISION/ 30TH AVENUE AND 43RD STREET IN GIFFORD. HE CONTINUED THAT HE SPOKE TO SHERIFF SAM T. JOYCE AND HE STATED THAT HE WOULD HAVE NO OBJECTIONS IF PORT -O -LETS ARE PROVIDED AND THAT MEETINGS END BY 11:00 O'CLOCK P.M. COMMISSIONER SIEBERT QUESTIONED THE ZONING OF THIS PROPERTY AND THE COUNTY ADMINISTRATOR STATED THAT HE WOULD HAVE TO CHECK IT. THE BOARD AGREED TO HOLD THIS IN ABEYANCE UNTIL THE COUNTY ADMINIS- TRATOR COULD CHECK THE ZONING. THE COUNTY ADMINISTRATOR DISCUSSED A "LETTER OF NOTICE" RECEIVED FROM THE DEPARTMENT OF ENVIRONMENTAL REGULATIONS REGARDING "INDIAN RIVER COUNTY SOLID WASTE DISPOSAL FACILITY" WHICH REQUESTS AN ANSWER TO SPECIFIC VIOLATIONS, WITHIN 30 DAYS. HE CONTINUED THAT THE CITY COUNCIL AND THIS BOARD ARE COGNIZANT OF THIS PROBLEM RELATING TO THE CLOSING OF THE SANITARY LANDFILL OPERATION AT THE MUNICIPAL AIRPORT. FAILURE TO CLOSE THIS LANDFILL OPERATION COULD MEAN A LOSS OF FEDERAL AVIATION ADMINISTRATION FUNDING. THE DEPARTMENT OF ENVIRONMENTAL REGULATIONS IS ASKING THAT THEY BE INFORMED WITHIN 30 DAYS OF CORRECTIVE MEASURES BEING CONTEMPLATED, AND THAT ALL PUBLIC BODIES MOVE .IN THAT DIRECTION. THE BOARD AGREED THAT THE COUNTY ADMINISTRATOR, ATTORNEY TO THE BOARD, COUNTY CONSULTING ENGINEERS ALONG WITH THE CITY MANAGER PREPARE A RESPONSE TO THE DEPARTMENT OF ENVIRONMENTAL REGULATIONS WITHIN THE ALLOTTED TIME. MAYOR DAVID GREGG, CITY OF VERO BEACH APPEARED AND STATED THAT HE HAS RECEIVED A LETTER STATING. THAT BY .JANUARY, 1977 THIS SANITARY LAND- FILL OPERATION LOCATED 'IN .THE VICINITY OF THE VERO BEACH MUNICIPAL AIRPORT MUST BE CLOSED, CHAIRMAN LOY STATED THAT THE PUBLIC HEARING REGARDING THE APPLICA- TION FROM HARRIS SANITATION FOR A NON-EXCLUSIVE FRANCHISE FOR GARBAGE COLLECTION FOR THE UNINCORPORATED AREAS OF THE COUNTY WILL BE HELD ON WEDNESDAY, AUGUST 20, 1975, AT 1:39 O'CLOCK P.P. COMMISSIONER SCHMUCKER INFORMED THE BOARD THAT INDIAN RIVER COUNTY IS BEING CONSIDERED FOR TRANSFER FROM THE DEPARTMENT OF POLLUTION CONTROL DISTRICT IN ST. LUCIE COUNTY TO ORLANDO. THE BOARD COULD REQUEST BEING TRANSFERRED TO A SOUTHERN DISTRICT BY TALKING TO"THE DIRECTOR OF THE NEW DISTRICT IN ORLANDO. COMMISSIONER SCHMUCKER CONTINUED THAT THE ONLY REASON THIS TRANSFER TO ORLANDO WOULD BOTHER HIM IS THAT THE BOARD HAS BEEN 17 'AUG 6 1975 HOOK 23 8.204 WORKING TOWARDS FORMING A REGIONAL PLANNING DISTRICT TO THE SOUTH OF US. COMMISSIONER SCHMUCKER SUGGESTED AUTHORIZING THE COUNTY ADMINISTRATOR TO TALK WITH THE DIRECTOR FROM THE DEPARTMENT OF ENVIRONMENTAL REGULATION IN ORLANDO REGARDING THE POSSIBILITY OF REMAINING WITH THE DISTRICTS TO THE SOUTH OF US. IF THE ENVIRONMENTAL DISTRICTS ARE THE SAME AS THE WATER MANAGEMENT DISTRICTS WE MIGHT HAVE TO GO TO PALATKA FOR APPROVALS, AND IT WOULD BE 'MORE CONVENIENT TO GO TO THE SOUTH IN VIEW OF THE FACT THAT WE ARE WORKING WITH THE DEPARTMENT OF ADMINISTRATION TO FORM A NEW PLANNING DISTRICT TO THE SOUTH OF US. • ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY THE BOARD UNANIMOUSLY AUTHORIZED JACK HOCKMAN, FINANCE OFFICER TO WRITE A CHECK IN THE AMOUNT OF $25.00 TO THE DEPARTMENT OF ENVIRONMENTAL REGULATIONS WHICH IS A FEE ESTABLISHED TO PROCESS APPLICATIONS FOR FUNDS TO IMPROVE BOAT RAMPS AT THE WABASSO BRIDGE CAUSEWAY. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN AW AGREEMENT FOR MODIFICATION OF THE GRANT TITLE VI - COMPREHENSIVE EA LOYMENT TRAINING ACT CONTRACT. THE COUNTY ADMINISTRATOR STATED THAT THE BOY WONDER EVANGELIST CRUSADE REQUEST MADE EARLIER IN THIS MEETING, HAS BEEN WITHDRAWN. AT THE JULY 23, 1975 MEETING THE BOARD DISCUSSED A LETTER FROM C.W. GAIDRY WHO INFORMED THE BOARD THAT BORDERING!ON HIS PROPERTY--ON RANGELINE ROAD TO CITRUS ROAD, THE RIGHT-OF-WAY DEED GRANTED BY THE FORMER OWNER IS INCORRECT AND ALSO THAT THERE IS AN ENCROACHMENT PROBLEM ON CITRUS ROAD. ATTORNEY COLLINS STATED THAT EVIDENTLY SOMETIME AGO THE COUNTY, IN OBTAINING RIGHT-OF-WAY ON RANGELINE ROAD TO CITRUS ROAD, RECEIVED FAULTY LEGAL DESCRIPTIONS AND'THIS MATTER SHOULD BE CORRECTED. THE LEGAL DESCRIPT.I01 STATES THAT THE COUNTY OWNS PASTURE LAND AND MR. GAIDRY OWNS THE RIGHT-OF- WAY. THIS CAN BE CORRECTED BY AN EXCHANGE OF DEEDS ALONG RANGELINE ROAD BORDERING ON MR. GAIDRY'S PROPERTY. THE SECOND PROBLEM IS ALONG CITRUS ROAD TO RANGELINE ROAD AND ITS A PROBLEM OF ENCROACHMENT. MR. GAIDRY HAS AGREED TO SELLING THE COUNTY 12 FEET OF LAND THAT WOULD REMOVE ANY ENCROACHMENT ON CITRUS ROAD. THE QUESTION CAME UP AS TO A FAIR PRICE, IF THE COUNTY WOULD WANT TO BUY THI LAND. MR. GAIDRY WAS ASKED IF HE WOULD ACCEPT TNEPROPERTY APPRAISERS VALUE OF HIS LAND AND HE SAID, N0. IT WAS;\THEN ASKED, IF THE COUNTY WOULD EMPLOY A CERTIFIED APPRAISER COULD WE AGREE ON A PRICE AND MR. GAIDRY STATED THAT HE. WOULD GO ALONG WITH THAT IF THE APPRAISAL IS AT THE COUNTY'S EXPENSE* 18 AUG $51975 BOOK a PA E?05 THE 12 FEET OF LAND IN QUESTION EXTENDS FOR ONE MILE ALONG CITRUS ROAD, BUT WHEN YOU GET TO RANGELINE ROAD, IT WOULD TAKE MORE THAN 12 FEET, MR, GAIDRY HAS AGREED THAT AT THIS CORNER OF RANGELINE AND CITRUS ROAD HE WOULD GIVE' MORE LAND SO THAT THE ROAD COULD BE BUILT AS IT IS BEING USED TODAY, THE BOARD THEN DISCUSSED THE UNDERPASS AT I-95 AT CITRUS ROAD WHICH IS TO THE WEST OF THIS PROPERTY, AND LOOKING INTO THE FUTURE, THE ADDITIONAL 12 FEET OF ROAD THAT WILL ELIMINATE THE ENCROACHMENT WILL IN NO WAY SATISFY. THE FUTURE ROAD NEEDS, IT WAS THE COUNTY ADMINISTRATOR'S RECOMMENDATION THAT 4O FEET OF ADDITIONAL RIGHT-OF-WAY BE CONSIDERED FOR ACQUISITION RATHER THAN 12 FEET. MR. GAIDRY STATED THAT HE FEELS EVENTUALLY THE ROAD WILL HAVE TO BE WIDENED AND THAT WITH AN UNDERPASS AT CITRUS ROAD IT WILL INCREASE THE TRAFFIC ON CITRUS ROAD, BUT HE STATED THAT HE WOULD RATHER NOT SELL ANY ADDITIONAL PROPERTY UNTIL THE ROAD IS TO BE WIDENED, MR. GAIDRY STATED THAT THERE IS NOW A TRAFFIC PROBLEM AT CITRUS ROAD AND RANGELINE ROAD. HE FEELS IN IMPROVING CITRUS ROAD YOU WILL INVITE MORE TRAFFIC AND MORE ACCIDENTS IT IS HIS THINKING THAT THE ENGINEERS SHOULD STRAIGHTEN OUT THE ENCROACHMENT PROPLEM ONLY, AND IN THE FUTURE HE WOULD BE AGREEABLE TO DISCUSSING ADDITIONAL RIGHT -..0E -WAY. COMMISSIONER SIEBERT QUESTIONED IF THERE WAS ANY WAY TO DECIDE ON A PROPER PRICE WITHOUT GOING TO THE EXPENSE OF AN APPRAISAL. MR, GAIDRY SAID HE FELT AN APPRAISAL WOULD BE IN ORDER, THE COUNTY ADMINISTRATOR STATED THAT THIS IS ONE OF THE WORST INTERSECTIONS IN INDIAN RIVER COUNTY, AND SINCE WE ARE NOT IN A POSITION TOOBTAIN 4O FEET OF ADDITIONAL RIGHT-OFLWAY FOR THE ENTIRE LENGTH OF CITRUS ROAD, WE HAVE TO GO ONE STEP AT A TIME, THIS WOULD BE THE FIRST STEP TOWARDS RESOLVING TRAFFIC PROBLEMS EXISTING IN THIS AREA, COMMISSIONER SIEBERT QUESTIONED IF MR, GAIDRY WOULD BE INTER- ESTED IN SELLING 4O FEET, MR, GAIDRY STATED THAT HE WOULD RATHER NOT, BUT HE DID NOT SAY HE WOULD NOT, 19 AUG 6 19 5 fpNit f f.2 AFTER DISCUSSION, A MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED AN APPRAISAL TO BE MADE OF CITRUS ROAD TO RANGELINE ROAD BORDERING ON MR, 6A,IDRY'S PROPERTY FOR ACQ"UISITI.ON OF 40 FEET, THE BOARD THEN DIRECTED ATTORNEY COLLINS TO PROCEED WITH ORDER- ING THE. APPRAISAL AND TO PREPARE THE DEEDS FOR THE SWAP OF PROPERTY ALONG RANGELINE ROAD, ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE REQUEST FOR OUT -OF -COUNTY TRAVEL FOR JUDITH A. WAKEFIELD, EXTENSION HOME ECONOMICS AGENT, AS FOLLOWS: AUGUST 4TH COCOA TRAINING FOR PROGRAMMING FOR SPECIAL GROUPS AUGUST 35-16 KISSIMMEE AGENTS' CONFERENCE AUGUST 22 WEST PALM BEACH 4-H CLOTHING PROJECT TRAINING "BAG RALLY" ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SIEBERT THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS OF FREDERICK S. SOCKBESON AND JOE B. SUIT, JR., FOR PERMITS TO CARRY FIREARMS. COMMISSIONER MASSEY DISCUSSED WITH THE BOARD THE FELLSMERE ROAD SITUATION, HE HAS RECEIVED COMPLAINTS REGARDING THE ROAD SITUATION IN FELLSMERE, AND THE RESIDENTS LIVING THERE DO NOT UNDERSTAND WHY THE COUNTY WILL NOT GO IN AND MAINTAIN THESE ROADS, COMMISSIONER SIEBERT STATED THAT HE HAD BROUGHT UP A POSSIBLE SOLUTION WHEREBY THE DRAINAGE DISTRICTS WOULD PAY US TO MAINTAIN CERTAIN ROADS OF THEIR CHOOSING, IN SPEAKING WITH THE DRAINAGE DISTRICTS, THEY WERE NONCOMMITTAL, BUT THEY THOUGHT IT WOULD BE AN INTERESTING APPROACH, THEY HAVE NO EQUIPMENT TO MAINTAIN ROADS, BUT THEY ARE THEIR ROADS; THEY DO NOT BELONG TO THE COUNTY. ATTORNEY COLLINS STATED THAT HE HAD WRITTEN AND TRIED TO CON- TACT GEORGE HEATH, ATTORNEY FOR THE FELLSMERE DRAINAGE DISTRICT, BUT HAS NOT RECEIVED A REPLY TO HIS CORRESPONDENCE, COMMISSIONER WODTKE SUGGESTED THAT WE BE ON RECORD AS REQUESTING A REPLY AND TO INSTRUCT OUR ATTORNEY TO TRY AND GET A RESPONSE FROM GEORGE HEATH TO OUR CORRESPONDENCE, AUG 61975 20 3ft E. 0 THE BOARD AGREED THAT THE COUNTY ADMINISTRATOR WOULD WRITE A LETTER TO THE THREE DRAINAGE DISTRICT MEMBERS AND SEND A COPY TO ATTORNEY GEORGE HEATH STATING THAT WE FEEL THAT WE HAVE MADE A REASONABLE APPROACH TO GETTING ROADS GRADED IN FELLSMERE, AND WE ARE WAITING FOR AN ANSWER TO OUR PROPOSED AGREEMENT. COMMISSIONER MASSEY DISCUSSED THE ROADS IN ROSELAND AND QUES- TIONED IF DURING THE RESURFACING PROGRAM OF CERTAIN ROADS IN THE ROSELAND AREA, THEY COULD BE WIDENED. THE COUNTY ADMINISTRATOR WILL TAKE THIS INTO CONSIDERATION. THE COUNTY ADMINISTRATOR INFORMED THE BOARD THAT IF THERE IS ANY MONEY LEFT OVER FROM THE RESURFACING PROGRAM, HE WOULD LIKE TO TRY ON AN EXPERIMENTAL BASIS, PAVING ONE OF THE NARROW ROADS IN ROSELAND BY PUTTING A 3 INCH WEARING SURFACE ON IT. THIS EXPERIMENT WOULD NOT COST MORE THAN $6,000.00 AND WOULD BE TRIED ON LESS THAN 1/2 MILE OF ROAD, THE BOARD STATED THAT THEY WOULD BE IN FAVOR OF THE COUNTY ADMINISTRATOR'S RECOMMENDATION OF PUTTING A 3" WEARING SURFACE ON 1/2 MILE OF A ROAD IN ROSELAND ON AN EXPERIMENTAL BASIS, IF THERE IS MONEY TO 'DO SO. THE BOARD AGREED TO MEET WITH THE MENTAL HEALTH DISTRICT BOARD TO DISCUSS BUDGETS ON AUGUST 14, 1975 AT 7:30 O'CLOCK P.M. 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 10. 4710 - 4788 INCLUSIVE; ROAD AND BRIDGE FUND No, 2453 - 2490 INCLUSIVE; FINE AND FOR- FEITURE FUND Nos. 929-938 INCLUSIVE; AND CAPITAL OUTLAY FUND No. 180. 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 SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES, THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 5:10 O'CLOCK P.M. ATTEST: / a," / /'`'L 1 CLERK .AUG 61975 21 peat 23 FA E2Q8