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HomeMy WebLinkAbout8/20/1975WEDNESDAY, AUGUST 20, 1975 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, AUGUST 20, 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; JAMES REAMS, DEPUTY SHERIFF; 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. COLLINS, JR., ATTORNEY SAT IN FOR HIM. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER SIEBERT LED THE PLEDGE OF ALLEGIANCE TO THE FLAG AND JACK G. JENNINGS, COUNTY ADMINISTRATOR GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF AUGUST 6, 1975. CHAIRMAN LOY REQUESTED ON PAGE 17, SEVENTH PARAGRAPH, THIRD LINE READING "...FOR THE NORTH END OF•THE COUNTY..." BE CHANGED TO READ "FOR THE UNINCORPORATED AREAS OF THE COUNTY..." THIS CORRECTION HAVING BEEN MADE A MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF AUGUST 6, 1975, AS WRITTEN, CHAIRMAN LOY STATED THAT THE BOARD RECEIVED CORRESPONDENCE FROM THE CITY OF VERO BEACH MONDAY, AUGUST 18,-1975 REGARDING THE COUNTY'S ALLOCATION OF WATER AND UNTIL THIS INFORMATION CAN BE EVALUATED BY THE COUNTY CONSULTING ENGINEERS, ALL ALLOCATIONS OF WATER TO AREAS IN THE COUNTY WILL CEASE, THE CHAIRMAN CONTINUED THAT IN LIGHT OF THE ABOVE, DISCUSSION OF THE PROPOSED WATER PURCHASE CONTRACT BETWEEN THE COUNTY AND URBAN DEVELOPMENT UTILITIES SCHEDULED ON TODAY'S AGENDA HAS BEEN POSTPONED, JAMES T. VOCELLE, ATTORNEY, AND S. P. MUSICK, SURVEYOR, APPEARED REQUESTING TENTATIVE APPROVAL OF RIVER SHORES ESTATES, UNIT 5, OWNED BY JULIAN LOWENSTEIN. e THE BOARD REQUESTED THE FOLLOWING LETTER FROM JAMES T. VOCELLE AND S.P. MUSICK BE MADE A PART OF THE MINUTES. O JAMES T. VOCELLE FRED T. GALLAGHER SAMUEL A.BLOCX VOCELLE,GALLAGHER & BLOCK ATTORNEYS AND COUNSELLORS AT LAW 1248 20TH STREET POST OFFICE BOX 1900 VERO BEACH, FLORIDA 32960 August 12, 1975 Honorable Board of County Commissioners Indian River County Yero Beach, -Florida Dear Members: co • AUG 1975 .E;*� RECEI s Offi� l ti TELEPHONE ARCA COOff 908 eel -3424 There has been previously filed with your County Administrator a proposed plat for River Shores Estates, Unit 5. In accordance with your subdivision regulations, this plat was reviewed by the Subdivision Review Committee at a meeting held in the Courthouse at 4:00 p.m. on.Thursday, July 31, 1975. A Memorandum of this meeting has been prepared by Jack G. Jennings, County. Administrator, a copy of which is attached to this letter. From this Memorandum you will see that your Subdivision Review Committee has submitted the proposed plan to your Board with recommendations for tentative approval subject to all required permits from governmental regulatory agencies before construction is completed and the final plat recorded in the public records of Indian River County, Florida. This approval and recommendation was the unanimous action of your Subdivision Review Committee except for one objection presented by Mr. Berg of the Planning Department who stated that he felt that the tentative plat was in accordance with all of your subdivision regualtions, but from his viewpoint an objection should be interposed because the development is in an environmental sensitive area according to the Master Plan previously accepted by your Board as a guide for future development. We respectfully request that the application of Vero Beach Shores, Inc., of which Mr. Julian Lowenstein is president, for the tentative 'approval of proposed River Shores Estates, Unit 5, be placed on the agenda of your Board for the August 20, 1975 meeting for consideration and approval under the provisions of your Subdivision Ordinance. Along with the plat we are furnishing you with one copy of the mean high water line survey which was performed under procedures approved by the Florida Department of Natural Resources dated June 11, 1975. You will note from the plat that there is an area shaded in red which comprises approximately 16 acres for which Mr. Lowenstein has title from the Trustees of the Internal Improvement Fund of the -2- AUG 201975 8001 PA_ X20. AUG 201975 State of Florida, but he does not intend to develop this acreage, and by so doing is eliminating from development and sale approxi- mately 16 acres of land owned by him. This he is doing in order to make every effort to have the proposed development comply with all of the rules and regulations pertaining thereto. The proposed construction will extend no farthereast than the existing dike. HoWever, the lot lines will extend to the mean high water line along the river for the purpose of granting title with riparian rights to the prospective purchasers of such lots. The mean high water line, which is the limit to which the development is intended to be made eastward, has been established and approved by the Florida Department of Natural Resources. It is true that the development exists in what is referred to in the Master Plan as an environmental sensitive area, but.th.e property sought to be developed is in complete accordance with zoning regulations and in accordance with all of your subdivision regula- tions as adopted by your Board, and, necessarily, before construction will be allowed to begin and before the final plat will be approved, Mr. Lowenstein's company will obtain the approval and necessary permits from all of the agencies and regulatory bodies involved in such development. You will note that this proposed plat is Unit No. 5 of River Shores Estates. There have previously been four' plats approved and develop- ment made of four units adjoining Unit No. 5, which have resulted in improvements that have materially added to the growth of Indian River County and the amount of taxable property placed on the tax rolls. Therefore, what is proposed to be done in connection with the tentative plat being presented is simply an extension of a development which has been going on since 1955, and we will present at your meeting a copy of such development plans dating back to February 10, 1955, prepared by R. D. Carter Engineering Firm. It is, therefore, obvious that Mr. Lowenstein is not presenting anything new but is simply seeking to complete the development of a tract of land which he has owned for many years, and all in accordance with the rules and regulations governing such developments. We feel, therefore, that in giving approval to a tentative plat, this Board will be in full accordance with all the rules and regulations relating thereto and that tentative approval of this plan, as stated, will necessarily depend upon the approval of all environmental agencies involved.. Under the provisions of your Subdivision Ordinance, the time limit for tentative approval is eighteen months. Needless to say, much engineering time is required for the development of the project as well as the time required incident to obtaining the necessary permits from the appropriate governmental agencies and the owner has no control over this time involved in obtaining such permits. We, therefore,respectfully request that this Honorable Body accept the recommendations of your Subdivision Review Committee and give approval to the tentative plat and that the time limit of eighteen months be set from the date of the approval of the construction plans. May we reiterate in conclusion that Mr. Lowenstein is seeking to proceed with the development of his property in accordance with plans dating back 'to 1955 and in strict accordance with all existing rules and regulations as to subdivisions and zoning. With the approval of your Subdivision Review Board, we believe that your Body will give approval so that we may proceed with the completion of this development, which when done will in all probability add a good many more millions of dollars to the tax rolls of Indian River County. Respectfully submitted, Registered Land Surveyor .w. ao01 23 PA13{?11 AS STATED IN THE FOREGOING LETTER, MR, VOCELLE REQUESTED APPROVAL OF THIS TENTATIVE PLAT AND THAT THE TIME LIMIT OF. EIGHTEEN MONTHS AS STATED IN THE SUBDIVISION ORDINANCE BE SET FROM THE DATE OF APPROVAL OF THE CONSTRUCTION PLANS. ATTORNEY COLLINS INFORMED THE BOARD THAT HE DID NOT FEEL THE 18 MONTHS SHOULD BE GRANTED AFTER THE APPROVAL AND PERMITS FROM GOVERN— MENTAL REGULATORY AGENCIES HAVE BEEN OBTAINED, BUT THE BOARD COULD GRANT EXTENSION OF TIME IF PHYSICAL WORK IS BEING DONE ON THE PROJECT. CHAIRMAN LOY STATED THAT IT HAS BEEN THE POLICY OF THIS BOARD THAT WHEN AN EXTENSION OF TIME OR TENTATIVE APPROVAL IS REQUESTED, IT WILL BE CONSIDERED, PAT LYONS, REPRESENTING THE PELICAN ISLAND AUDUBON SOCIETY APPEARED AND READ THE FOLLOWING LETTER, WHICH THE BOARD REQUESTED BE MADE A PART OF THESE MINUTES, 4 AUG 2 p 1975 soak , FAE217 • PELICAN ISLAND AUDUBON SOCIETY P. 0. Box 1833 VERO BEACH, FLORIDA 32960 August 19, 1975 Miss ALnam Lee Loy, Chairman and Members of the Indian River County Commission Ret River Shores Estates - Unit 5 IRC-75-S/D-6 Dear Commissionerst The Indian River and the adjacent wetlands are of great economic significance to this County and to the sea around W. A large pottion tithe fish in the ocean spend at least a part of their lives in estuaries such as the Indian River and depend on tt for food. The way we treat the shore of the River and the adjacent wetlands will determine the availability of this important food source in the years ahead. Both bile Federal and State governments have seen fit to prohibit use of this land fro at least below the mean high tide line. Much of this proposed subdivision appears to lie . below the elevation of mean high tide and should not be used. WE feel that Commission approval of this subdivision would be construed as an argument in favor of the subdivider when he appears before the environmental agencies seeking permits to fill this land. In view of the clearly established practices in these matters we would hope that our Commission would not officially promote retrogression. As a consequence we ask that you do not approve the Subdipision. Tours very truly, AUG 201975 Howard Moore, Chairman, Conservation Committee "This is 100% recycled paper" 6001 MR. LYONS THEN SPOKE IN HIS OWN BEHALF AND REQUESTED THAT THE COUNTY COMMISSIONERS HOLD THIS TENTATIVE APPROVAL IN ABEYANCE UNTIL THE DEVELOPER HAS RECEIVED FINAL APPROVAL FROM THE VARIOUS ENVIRONMENTAL AGENCIES, MR. LYONS STATED THAT WHEN AND IF THE DEVELOPER RECEIVES APPROVAL, THE PLAT MIGHT BE ENTIRELY DIFFERENT THAN THE ONE PRESENTED TODAY. COMMISSIONER SIEBERT STATED THAT IF THERE ARE SIGNIFICANT CHANGES MADE IN THIS PLAT, THE DEVELOPER WOULD HAVE TO SUBMIT A REVISED PLAT, CHAIRMAN LOY STATED THAT TENTATIVE APPROVAL IS TO INFORM THE BOARD OF THE DEVELOPER'S INTENTION - FINAL APPROVAL IS BASED ON ALL PER- MITS AND APPROVALS RECEIVED FROM OTHER REGULATORY BODIES. THE BOARD REQUESTED THAT THE MEMO FROM THE SUBDIVISION REVIEW COMMITTEE BE MADE A PART OF THESE MINUTES, 6 AU6 2 01975 ® BON FACE 21 4:7pitt.116ItIL .4:tn,: COanMISS1ONERS ALMA LEE LOY. Chairman WILLARD W. SIERERT. JR., Vk..thalnnrt . EDWIN S. SCHMUCKER JACK G. JENNINCS, Administrator VERO BEACH. FLORIDA - 32960 EDWAROJ. MASSEY WILT ARM C. WODTKE. JR. PAW. D. BURCH • Kam HARRIS Attorney to the Board INDIAN RIVER COUNTY ROAD AND BRIDGE DEPARTMENT dt` MEMORANDUM August 1, 1975 A Subdivision Review Committee meeting was held in the County Commission Room of the Indian River County Courthouse at 4:00 P.M. " on Thursday, July 31st. 1975. .The following people were in attendance: Mr. & Mrs..Julian W. Lowenstein, Realtor -Developer; James T. Vocelle, Attorney for J. W. Lowenstein; S. P.. Musick, Surveyor for River Shores Estates; James L. Beindorf, Consulting Engineer on Sewer and Water for Indian River County; R. M. Berg,Indian River County Planning Department; David Allender, Planning Department Assistant; Howard Pautzke, Indian River County Zoning Department; Eric S. Nuzie, Florida Department of Environmental Regulations; .Robert Chauncey, Indian River County Health Department; and Jack G. Jennings, County Administrator. The meeting was called to order to review the request for tentative approval of a proposed plan of development for River Shores Estates Subdivision, Unit No. 5. Messrs. Musick and Vocelle presented the proposed project in detail and were available to answer questions from the Subdivision Review Committee (S.R.C.) A roundtable discussion was held with each department representative presenting hisquestions in turn. When all discussions were concluded, the Chairman polled the. S.R.C. regarding the following question: That the proposed.plan of River Shores Subdivision, Unit No. 5 . be submitted to the Board of County Commissioners of Indian River County with recommendations for tentative approval and subject to all required permits from governmental regulatory agencies being obtained before construction is completed and the final plat recorded •in the public records of Indian. River County, Florida. The members of the S.R.C. voted as follows: Howard, Pautzke, Zoning - Aye • E. Nuzie, Dept. of Environmental Regulations - Aye J. Beindorf, County Consulting Engineer - Aye R. Chauncey, Health Department - Aye R. Berg, Planner - Nay (objection to subdivision being in an environmental sensitive area according to MasterPlan) JGJ/ep /W6 0 19 75 k G. JenniJ , County inistrator um 23 p43[ 215 VAL BRENNAN, PLANNING DIRECTOR, AND ROBERT BERG, ASSISTANT PLANNING DIRECTOR, APPEARED FOR THIS DISCUSSION, AND MR, BERG REPORTED THAT THIS TENTATIVE PLAN'DOES NOT MEET ALL REQUIREMENTS. IT IS THE PLANNING DEPARTMENT'S RECOMMENDATION THAT THIS NOT BE APPROVED BECAUSE THIS PROPERTY IS LOCATED IN A HURRICANE FLOOD ZONE AND IN AN ENVIRON- MENTALLY SENSITIVE AREA. IT DOES NOT CONFORM WITH THE COMPREHENSIVE LAND USE PLAN, THE BOARD DISCUSSED ENVIRONMENTALLY SENSITIVE AREAS IN CON- JUNCTION WITH THE COMPREHENSIVE LAND USE PLAN, AND COMMISSIONER SIEBERT STATED THAT DURING THE PUBLIC HEARING FOR"THE ADOPTION OF THE COMPREHEN- SIVE LAND USE PLAN, IT WAS STATED THAT "ENVIRONMENTALLY SENSITIVE' DID NOT MEAN THAT.NO DEVELOPMENT COULD TAKE PLACE, BUT THAT DEVELOPMENT COULD PROCEED WITH DUE CAUTION, MR, BERG STATED THAT THE PLANNING DEPARTMENT IS NOT SAYING DO NOT DEVELOP, BUT TO FILL IN THIS ENTIRE PARCEL OF LAND IS NOT IN CONFORM- ANCE WITH THE COMPREHENSIVE LAND USE PLAN. WE ARE RAISING A RED FLAG THAT THERE SHOULD BE CONSIDERABLE THOUGHT GIVEN AS TO THE DENSITY IN THAT AREA, MR, BERG CONTINUED THAT HE RECOMMENDS THAT THE COMPREHENSIVE LAND USE PLAN BE CHANGED IF THIS SUBDIVISION IS GRANTED TENTATIVE APPROVAL. MR, VOCELLE STATED THAT IN HIS OPINION IF THE BOARD DENIES TENTATIVE APPROVAL, THEY ARE SAYING THAT.A PERSON CANNOT DEVELOP HIS PROPERTY WITHIN THE ZONING AND YOU ARE TAKING THIS PERSON'S PROPERTY AWAY FROM HIM, HE CONTINUED THAT IF THIS BOARD WAS TO REFUSE TENTATIVE APPROVAL YOU WOULD BE SAYING TO MR. LOWENSTEIN, "You OWN A TRACK OF LAND WHICH IS ZONED FOR THE PURPOSE IT IS INTENDED, BUT YOU CANNOT USE.ITi" JEROME KRAMER, REPRESENTING THE VERO BEACH CIVIC ASSOCIATION, APEEARED.AND STATED THAT THE ASSOCIATION IS NOT TAKING A POSITION ON THE MERITS OF THIS SUBDIVISION, BUT THERE IS A SERIOUS QUESTION DEVELOPING, THIS PROPERTY CONFORMS TO THE EXISTING ZONING, BUT IT DOES NOT CONFORM TO THE COMPREHENSIVE LAND USE PLAN. COMMISSIONER SIEBERT STATED THAT HE AGREED WITH MR. VOCELLE RE THE INDIVIDUAL RIGHTS OF CITIZENS AND, IN HIS OPINION, NOT TO ALLOW THEM TO PROCEED WITH THIS PROJECT COULD RESULT IN CONDEMNATION. ALSO, IN HIS OPINION, IT DOES NOT VIOLATE THE COMPREHENSIVE LAND USE PLAN IN ANY SHAPE OR FORM, AUG 201975 Hoak 23:PCE 2 COMMISSIONER WODTKE STATED THAT BASED UPON THE PLAN OF THIS DEVELOPMENT AND NOTING THE PLANS THE DEVELOPER HAS HAD PREVIOUSLY TO THIS,.,HE HAS MADE CONSIDERABLE CONCESSIONS TO PREPARE SOMETHING THAT COULD BE DEVELOPED IN P 0TECTING THE LAND AND WE SHOULD DEFINITELY GIVE HIM THE OPPORTUNITY TO PROCEED TO SEE IF THIS AREA CAN BE DEVELOPED. HE STATED THAT HE HAS EVERY CONFIDENCE IN THE ENVIRONMENTAL AGENCIES. A MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COM— MISSIONER MASSEY, TO GRANT TENTATIVE APPROVAL OF RIVER SHORES ESTATES, UNIT 5, AS PRESENTED BY JAMES VOCELLE, ATTORNEY, AND S. P. MUSICK, SUR— VEYOR, AND DEVELOPER .JULIAN W. LOWENSTEIN. COMMISSIONER MASSEY INFORMED THE BOARD THAT MR. LOWENSTEIN IS NOT A NEW DEVELOPER TO INDIAN RIVER COUNTY, CHAIRMAN LOY STATED THAT IF IT IS SHOWN THAT THIS LAND IS DETRIMENTAL TO THE ENVIRONMENT, IT WILL NOT BE DEVELOPED. THE CHAIRMAN CALLED FOR THE MOTION. THE BOARD VOTED AND THE MOTION WAS CARRIED UNANIMOUSLY. THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press-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 '�) Cd in the Court, was pub- lished in said newspaper in the issues of 41, €7', Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. - Sworn to and subscribed before me this day of � ' A D. (Busiin Man d (Clerk of the Cir •'Court, Indian River County, Florida) (SEAu AUG 2 u t� d -9- n NOTICE °! NOTICE I5 HEREBY GIVEN' that the Board of County Com- missioners of Indian River County, Florida will receive bids to the hour of 9:30 a.m. on Wednesday, August 20, 1975 at a meeting of said Board to be held in the County Commissioner's Room, Indian River County Courthouse, Vero Beach, Florida, for sale to said County of the following: Item: One new latest model crawler -type dragline rated for 11/a yard bucket with 60 foot boom. Bid forms and . detailed •specifications may be obtained at the office of the County Road and Bridge Department, Room 115, Courthouse, Vero Beach, Florida, Aluest. lii be mailed upon ren bids hall be in an envelope, securely sealed, and marked on the outside, "Bid for Dragline, opening date August T0, 1975." Any bids received after the date and time stated above will be returned unopened. Board of County Commissioners of Indian River County Florida By: Alma Lee Loy Chairman July 24, 27, 1975. Book zga THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE, AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: FL RIDk EQUIPM T C PANX ORLANDO LIMA MODEL 45L (USED) FORD MOTOR CREDIT COMPANYI ORLANDO BUCYRUS ERIE - MODEL 2 - SED) H,. MASON CQMPANY, HIALEAH NORTHWEST LNGINE CO. - MODEL 41 (NEW) W. W, WILLIAM COMPAN - K LAND KOEHRING - MODEL 4u5i EW. DE IND MACHINERY CQ PANY - FQRT LAUDERDALE OCLAIN - MODEL 1b.02 (NEW) M. D, MOODY & SONS - JACKSONVILLE AMERICAN HOIST AND DERRICK- MODEL 4210 (NEW) $60,273.00 59,000,00 98,697.00 89,989,00 110,125,00 83,000,00 ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APRROVED THE'ABOVE BIDS BEING REFERRED TO THE COUNTY ADMINISTRATOR FOR EVALUATION. THE COUNTY ADMINISTRATOR STATED THAT THESE BIDS WOULD NOT BE ACCEPTED TODAY, BUT WOULD BE EVALUATED AND ACCEPTED AT THE NEXT BOARD MEETING, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No, 75-49. -10� AUG 2019.75 soot F*CE 218 • et, . • • . .,.•„ • ppe„ H-72 • .Section.88003 -2501 COUNTY COMMISSIONERS RESOLUTION No. .75-49 on motion of Commissioner . Siebert seconded by Ccomissioner Massey , the following resolution was adopted: WHEREAS; the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION • has authorized and requested Indian River County to furnish the necessary rights of way, borrow pits and easements for that portion of Section 88003-2501 - from State Road 5'Easterly along 17th Street Causeway to State Road A -1-A in Vero Beach, including 17th Street Causeway Bridge over Indian River which has been surveyed and located by the STATE OF FLORIDA DEPART- MENT OF TRANSPORTATION as shown by a map on file in the Office of the Clerk of the Circuit Court of said. County, and in the office of . • • - •the said Department at Tallahassee, and ' WHEREAS, the said Department will not begin construction -of said portion of said Se.::tion in said•County until title to all land necessary for said portion of said Section has been conveyed to or vested in said State by said County, and said lands are physically cleared of all occupants, tenants, fences, buildings, and/or other structures and improvements upon or encroaching within the limits of the..land required 'for said portion of said Section; and WHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits and easements; now therefore, be it RESOLVED, that the. STATE OF FLORIDA DEPARTMENT OF TRANS- PORTATION be and it is herebyy4requested to pay for the rights of way, borrow .pits and easements for said road, including the removal of.buildings, fences and other structures and Improvements thereon, utility relocations and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condem- • • nation, from proceeds of State of Flerida Department of General Services hands or secondary gasoline,.tax funds (Article XII, Section 9(4), of the Florida Constitution, and,Section 335.041, Florida Statutes,- as amended), whichever is available., under conditions set • forth in the contraet, of which this resolution Corms a part; and be it further •• AUG 20 1975 .0 • • • •t 00 • • • os' • . • • . Book 23 2i 9 t. t•aid RESOLVED, that said County through its board of County Commissioners, comply with the request of said Department and pro- cure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and deliver to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION said lands physically clear of all Occupants tenants, fences, buildings and/or other structures and improvements situate upon'or encroaching within the limits of the lands required for.said portion of. said, . Section and that the Chairman and the Clerk of the Board be and they are hereby authorized and directed to execute and deliver on behalf .of said County to said Department the Contract in the form hereto attached; • 4 STATE OF FLORIDA COUNTY OF INDIAN Rimy. I HEREBY CERTIFY that the foregoing is a true and correct • copy of resolution passed by the Board of County Commissioners of TnAian County, Florida,. at a meeting held the 20th day of August ,A. D., 197_, and recorded in the Commissioners minutes. • IN WITNESS WHEREOF, I hereunto set my hand and official seal this 22nd. day of August ,A. D. 19 75 . • *MEAL) AUG 201975 • e;t 4 p Clefk f€'he Board of Co oCounty Commissioners of .Indian River County • 1. g • N • 800k .23.f'AcE22O Section ,"1--27 Rev, 8-72 RIGHT OF WAY CONTRACT PROVIDING FOR USE OF SECONDARY GASOLINE TAX FUNDS OR STATE OF FLORIDA DEPARTMENT OF GENERAL SERVICES BOND FUNDS THIS AGREEMENT made and entered into this 20th day of August , 19_21, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the "Department", and the COUNTY OF T 'TVcv12 a Political Subdivision of the State of Florida, hereinafter called the "County", W ITNESSET H: WHEREAS, the Legislature of Florida has designated and established State Road No. 67" , and the Department has located and surveyed a part of said Road designated as ^cctir,z and has prepared a Map of Survey and Location covering that portion of said Section 58303-2701 - fTMcr "tate reek. E Ea�t=r1•- aloi : 17th Street Causewav tc State Roo,i _1-A in Vero Beach, including 17th ,Street Causeway Bridge over Indian River in said County, as shown on a map, duly certified as provided by law, on file in the office of the Department of Transportation, Tallahassee, Florida, and on file in the Office of the Clerk of the Circuit Court of said County, and in the judgment of the Department said location and survey have been found to be practicable, necessary and to the best interest of the State, and WHEREAS, the Department has requested and authorized said County to secure by donation or purchase, if possible, the lands and property necessary for such right of way, borrow pits and drainage easements for said portion of said Section, and such as may here- after be'found necessary by the Department for said portion of said Section, and WHEREAS, the County is financially unable at this time to provide the necessary funds from local sources to acquire the right of way, borrow pits and drainage easements, and WHEREAS, the Board of County Commissioners of said County, at a meeting duly called and held on the 20thc. day of August A. D., 19 75, adopted a resolution, a copy of which is attached here- -1 - AUG 2 197 Boot 23 PASE221 to as Exhibit "A" and made a part hereof, signifying its agreement to comply with the Department's said request, requesting the Depart- ment to pay for acquiring said lands for right of way, borrow pits and drainage easements from funds which have been or may be remitted to the Department under provisions of Article XII, Section 9 (4), of the Florida Constitution, and Section 335.041, Florida Statutes, as amended; .for expenditure solely within the County, or from proceeds of the State of Florida Department of General Services bonds issued for the purpose of constructing this project, and authorizing its Chairman and its Clerk, on its behalf, to execute this Contract; NOW, THEREFORE, for and in consideration of the premises and of the mutual undertakings hereinafter set forth, the parties mutually covenant and agree as follows: 1. The County shall forthwith furnish the Department with a title search made by a reliable Abstractor or Abstract Company showing the present ownership and record description of each parcel of land over which said right of way, borrow pits and/or easements extend, together with all unsatisfied or outstanding recorded liens or encumbrances, leases and tax deeds, tax liens and tax certificates, or other interests, including possessive interests. Thereupon the Department shall prepare and furnish to the County the descriptions of said rights of way, borrow pits and/or easements to be acquired for each of the several parcels of land, or interests therein as shown by said title search. The furnishing of said descriptions shall be solely for the assistance of the County and nothing in this paragraph shall be taken or construed.as the Department's acceptance of the title, or quality of the title, to the land or easements shown, and shall not release or relieve the County of its agreement herein to furnish the Department free, clear and unencumbered title to the land required for said right of way, borrow pits and easements, or from any of its covenants hereunder. 2. After the Department has furnished the County said descrip- tion, the County shall proceed, out of the funds specified below, to acquire either by donation or purchase the free, clear and unen- cumbered title to the land so required as aforesaid for said portion -2- AUG 2 0 1975 BOOK 23 RAci222 of said Section by the Department for said rights of way, borrow pits and easements, convey or vest the same to or in the State of Florida for the use of the State of Florida Department of Transpor- tation, by good and sufficient deed or deeds, and deliver to the Department said land physically clear of all occupants, tenants, fences, buildings and/or other structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section and shall have adjusted or secure arrangements for the adjustment of all sanitary and/or storm sewers, gas mains, meter, water mains, fire hydrants, pipes, poles, wires, cables, conduits, and other utilities and facilities situate or encroaching upon said land. Any land to which the County has heretofore acquired free, clear and unencumbered title, which may be necessary for said rights of way, borrow pits and/or easements, shall be conveyed by the County to the State for the said use under the provisions of this section. Upon completion, the County shall make a certificate to the Department stating for each parcel and instruments vesting the free, clear and unencumbered title thereto in the State and certify- ing the removal of all occupants, tenants, fences, buildings and/or other structures and improvements and adjustment of all facilities and certifying that the free, clear and unencumbered title thereto is vested in the State and that all physical encumbrances are removed and that said rights of way are ready for construction of said por- tion of said Section. 3. In those instances where the County is unable to acquire, either by donation or purchase the lands and property necessary for such right of way, borrow pits and drainage easements for said por- tion of said Section, and such as may hereafter be found necessary by the Department for said portion of said Section, the County shall notify the Department of the necessity for condemnation proceedings. The Department shall then, at its sole option, either condemn the lands or authorize the County to do so. In those cases where the Department authorizes the County to handle the cdhdemnation proceed- ings, the County shall make a certificate to the Department stating -3- ALIO 2 0 1975 BOOR 23 223 for each parcel condemned the instruments vesting the free, clear and unencumbered title thereto in the State and certifying the removal of all occupants, tenants, fences, buildings and/or other structures and improvements and adjustments of all facilities and certifying that the free, clear and unencumbered title thereto is vested in the State and that all physical encumbrances are removed and that said rights of way are ready for construction of said portion of said Section. 4. Commencing with the date when the Department shall begin construction operations on said portion of said Section, and at all times thereafter for so long as said portion of said Section shall continue to be a part of the State System of Roads the County, solely at its own expense, shall save, defend and keep the State of Florida, and the Department, its officers, employees and contractors harmless from any and all damages, claims or injuries, actions at law or suits in equity arising from or growing out of any defect or alleged defect affecting the title or right of possession of the State of Florida for the use of said road, to any portions of the lands, borrow pits and easements acquired by the County and required by the Department for said portion of said Section as aforesaid, or because of the lack of title or right of possession thereto or by reason of encumbrances thereon, or failure to have removed occupants, tenants, fences, buildings and/or other structures and improvements or made or caused to be made adjustments of utilities and facilities thereon, and the County agrees to pay and discharge all lawful claims, from or 5. damages, judgments, decrees and any other expenses arising growing out of such claims, injuries, actions or suits. The Department agrees, at the direction of the County, by resolution attached hereto and made a part hereof, to pay for items set forth in Paragraph 7 below; either from proceeds of State of Florida Department of General Services bonds issued for the pur- pose of construction this project, or from secondary gasoline tax funds (Article XII, Section 9(4), of the Florida Constitution, and, Section 335.041, Florida Statutes, as amended). 6. The County agrees that its acquisition of said rights. of way, borrow pits and easements shall be conducted under supervision -4- AU6 2019' BOO PACE 22 of the Department. Upon receipt of the necessary and proper infor- mation from the County, the Department shall prepare requisitions for payment out of said funds directly to the proper persons for the items set forth in Paragraph 7. 7. The purchase or condemnation of the lands or interests required for rights of way, borrow pits and/or drainage easements for said portion of said Section as aforesaid shall be paid for in the following manner: An appraisal shall be prepared of costs and damages required for the acquisition of the lands and ease- ments and the clearing of the right of way of all physical obstructions which shall be approved by the Department. After the appraisal is thus approved, expenditures of said funds will be approved for the following purposes and in the following amounts: 1. Payment of the price for the parcels of land or easements arrived at either by negotiation or by awards in condemnation including relocation assistance as applicable under Department policies and regulations. 2. The costs of title search and other title infor- mation up to such amount as may be approved by the Department. 3. The costs of the appraisal up to such amount as may be approved by the Department, provided the appraiser is approved by the Department before he is employed. 4. Thecompensation to be paid to the County Attorney, if applicable, handling the condemnation proceedings shall be a reasonable fee, as determined by the County Commissioners and approved by proper resolu- tion, which shall, in all cases, be subject to approval by the State of Florida Department of Transportation. 5. Payment into the Registry of the Court of amount set out in Order of Taking, if proceedings are instituted under Chapter 74, Florida Statutes. The County agrees not to stipulate for or agree to expenditure of funds from this deposit without approval of same by the Department, and further agrees that money so deposited shall be used only for the payment of awards of compensation to pro- perty owners; and the County further agrees to reimburse the Department for any money expended from said deposit for any other purpose. IN WITNESS WHEREOF, the Department has caused this Agreement to be executed in quadruplicate by its Director of Administration and Executive Secretary, and its official seal to be affixed; and -5- AUG 2 01975 BON PkcE2 5 the County has caused it to be executed by its Chairman and its Clerk, and its official seal to be affixed, the day and year first above written. Signed, sealed and delivered in the presence of: As to the Department As AUG 2 0 19 75 e � dri �• t e County —6— STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: Director of Administration ATTEST: (SEAL) Executive Secretary COUNTY OF Ii:PI1`.:n I'.IZ'E•il, FLORIDA • •BY: ATTEST:44,41, / (SEAL) Clerk o Ci ui Court & Ex - Officio Clerk of the Board of County Commissioners of Indian River County B00l 23 F18[2.26 FORM 17a -0a 071 Section•�:.a.; 3--:'S 1 STATUE OF I LORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY RESOLUTION • , i WHER ursuant to due " ti State Highway Engineer has had a part of State Road No , inCounty located and surveyed• and has designated same as Section E _ i 5'' i , and has prepared a Map of Survey and Location of that portion of said Section .. 335—::501 — e;:t:eaLi:i j Ira:: state roan 5..i zstc:rly along 17th Strict Causeway to rt^ta Roo. A-1-7, in Vero peach,- inci.t ing 17th Street: Causeway Bride over Indian River NOW, THEREFORE, BE IT RESOLVED by the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION that it hereby approves the location and survey of said portion of said Section as shown on said map and directs that a copy of said map, certified by the Director of Administration, attested by the Executive Secretary, be filed in the Office of the Clerk of the Circuit Court of said County; and BE IT FURTHER RESOLVED that it is the judgment of the STATE OF FLORIDA DEPART- MENT OF TRANSPORTATION that the construction of said portion of said Section is necessary, practical and to the best interest of the State, and that it is necessary that the right of way for the roadbed and borrow pits for said portion of said Section be acquired in fee simple and a perpetual easement shall be acquired for Drainage Ditches; and the Department is authorized to acquire the same by gift, purchase or condemnation; and BE IT FURTHER RESOLVED by the Department that said County be, and it is hereby requested and authorized, to secure by gift, purchase or condemnation the lands necessary for the right of way for the roadbed for said portion of said Section as shown on the official right of way map of said Section, together with any and all construction easements, borrow pits and easements for drainage ditches that may hereafter be found and determined necessary in the construction and maintenance of said portion of said Section, said land to be free of legal and physical encumbrances; and BE IT FURTHER RESOLVED, that in the event the County agrees to secure the right of way for the roadbed, ditches and borrow pits for said portion of said Section, that the Director of Ad- ministration of the Department is hereby authorized to execute for the Department the usual Right of Way Contract with the County. DATED: AUG 2 01975 (SEAL) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY • ATTEST: Secretary of Transportation 8001 23 PAGE 22 AT THE JULY 9TH AND AUGUST 6TH MEETINGS A REQUEST FROM SILBERT TOTTEN THAT THE COUNTY EXTEND GIBSON STREET IN THE ROSELAND AREA SOUTH PAST HIS PROPERTY WAS DISCUSSED, MR, TOTTEN OWNS LOTS 3 AND 4 IN A. A. BERRY SUBDIVISION AND WOULD LIKE TO PUT UP AN INDUSTRIAL BUILDING ON THIS PROPERTY, BUT HE DOES NOT HAVE INGRESS AND EGRESS TO HIS PROPERTY, THE COUNTY ADMINISTRATOR REPORTED THAT THE COUNTY DOES NOT HAVE RIGHT-OF-WAY ALONG THIS PORTION OF GIBSON STREET AND, AT THE BOARD'S REQUEST, HE CHECKED WHO THE OWNERS ALONG GIBSON STREET WERE AND FOUND THE FOLLOWING: JAMES BUSHNELL OWNS ONE LOT; MR, BOSWORTH OWNS TWO LOTS; KEN ATHA OWNS ONE LOT AND GENERAL DEVELOPMENT OWNS 13 LOTS, THE COUNTY ADMINISTRATOR AGREED TO WRITE THE ABOVE OWNERS SUG- GESTING THAT THEY DEDICATE A PORTION OF THEIR PROPERTY IN ORDER TO BUILD A ROAD WITH THE UNDERSTANDING THAT THE COUNTY IS IN NO WAY ABLE TO BUILD AT THIS TIME; HOWEVER, WHEN THE ECONOMIC SITUATION ALLOWS US TO DO THIS, WE WILL, THE COUNTY ADMINISTRATOR INFORMED THE BOARD OF A REQUEST FROM SHERIFF SAM T. JOYCE FOR COUNTY FORCES TO MOVE A BUILDING FROM U.S. No, 1 TO THE COUNTY JAIL PROPERTY, TO BE USED AS A STORAGE SHED, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE COUNTY MOVING A BUILDING FROM U,S. No. 1 TO THE COUNTY JAIL PROPERTY, AS REQUESTED BY SHERIFF SAM T. JOYCE, THE COUNTY ADMINISTRATOR INFORMED THE BOARD 'THU THE RESURFACING PROGRAM HAS BEEN COMPLETED WITH APPROXIMATELY 15 MILES OF ROADS BEING RESURFACED AT A COST OF $99,416,25. DR. DAVID SMITH AND JAMES BEINDORF, COUNTY CONSULTING ENGINEERS APPEARED AND INFORMED THE BOARD THAT THE ENVIRONMENTAL PROTECTION AGENCY HAS ISSUED A GRANT AWARD IN THE AMOUNT OF $183,077.00. DR. SMITH STATED THAT THERE ARE CERTAIN CONDITIONS IN THE GRANT THAT THE COUNTY MUST AGREE TO AS FOLLOWS: THE CHAIRMAN TO BE AUTHORIZED TO SIGN THE GRANT AWARD WHEN IT IS RECEIVED AND THE ENGINEERS BE AUTHORIZED TO PROCEED WITH THEIR WORK, - 20 - AUG 2 197 BoOk23 f* 22 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No, 75-50. RESOLUTION NO. 75-50 WHEREAS, The Environental Protection Agency, an Agency of the Federal Government, has on August 13, 1975,, offered a Grant to Indian River County for a Water and Sewer Study which would be a condition prece4ent_,..to any additional expansion or development of water and sewer facilities by either the County or any Municipalities in the County in the future; and WHEREAS, the Grant is labeled by the Environmental Protection Agency "Project C 120502010", and is in an amount of One Hundred Eighty Three Thousand Seventy Seven Dollars•. ($183,077.00); and WHEREAS, there are certain conditions in the Grant which the County must agree to; and WHEREAS, Indian River County is desirous of entering into the Grant with the Environmental Protection Agency; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that upon receipt of the Grant mentioned above, that the County Administrator be authorized to execute said Grant and to authorize the County Engineers to proceed with the work necessary to complete the Grant with the exception that the Engineer shall not proceed with the Water Quality Study under Step 4 of the Plan of Study until notified to pro- ceed by the Environmental Protection Agency. ****** 'Such Resolution shall become effective as of the 20th ,. day of August, 1975. Attest: AU6 2 0 1975 COUNTY ADMINISTRATOR OF •INDIAN RIVER COUNTY BPD 23 PAcE22 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED AMENDMENT NUMBER TWO OF AN AGREEMENT, DATED JUNE 21,14072, BETWEEN THE BOARD OF COUNTY COMMISSIONERS AND SVERDRUP & PARCEL AND ASSOCIATES, INC., AND BEINDORF AND ASSOCIATES, INC., A JOINT VENTURE. AMENDMENT NUMBER TWO TO AN AGREEMENT, DATED JUNE 21, 1972, BETWEEN THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AND SVERDRUP & PARCEL AND ASSOCIATES, INC., AND BEINDORF AND ASSOCIATES, INC., A JOINT VENTURE The Agreement is hereby amended to include new Paragraph G in Section 0I as follows: G. ACCESS PROVISION 1. The Engineer shall maintain books, records, documents and other evidence directly pertinent to performance on EPA grant work under this agreement in accordance with accepted professional practice, appro- priate accounting procedures and practices, and 40 CFR Paragraphs 30.605, 30.805, and 35.935-7. The United States Environmental Protection Agency, Comptroller General of the United States, the United States Department of -labor, Indian River County, and the State Department of Environmental .Regulations, or any other of their duly authorized representatives shall -have access to such books, records, documents and other evidence for the =purpose of inspection, audit and copying. The Engineer will provide proper facilities for such access and inspection. 2. The Engineer agrees to include in all his contracts and all .:-peer subcontracts directly related to project performance which are in --excess of $10,000 the five (5) items of this Paragraph. 3. Audits conducted pursuant to this provision shall be .in accor- :dance with generally accepted auditing standards and formerly established audit regulations, procedures and guidelines of the reviewing or audit .agency. AUG 2 0 1975 • 6001 23 PAGC230 • 4. The Engineer agrees to the disclosure of all information and reports resulting from access to records pursuant to Subparagraphs 1. and 2. above to any of the agencies referred to in Subparagraph 1. above. In those cases where the audit concerns the Engineer, the auditing agency'wili afford the Engineer an opportunity for an audit exit con- ference and an opportunity to comment on the pertinent portions of the draft audit report. The Engineer will be provided copies of the formal draft audit report at the time of its transmission. Such transmission will include the written comments, if any, of the audited firm. 5. Records under Subparagraphs 1. and 2. above shall be main- tained and made available during performance on EPA grant work under this agreement and until three (3) years from date of final EPA grant pay- ment for the project. In addition, those records which relate to any /°Dispute" appeal under an EPA grant agreement or litigation or the settlement of claims arising out of such performance or costs of items to which any audit exception has been taken shall be maintained and made available until three (3) years after the date of resolution of such appeal, litigation, claim or exception. The foregoing amendment is accepted by both parties this 20th day of August , 1975. 2 AUG 20195 L hicE 31 • 0 AUG 2 0 1975 OWNER BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA ATTEST: By -_ze.ey../ ../Ye2-2,1„/ By A.:L (TWO.' Alma Lee Loy Chairman (SEAL) ENG/NEER VITNES By 414.1.112A By _AlifLits 4r6;-11" 4 (A JOINT VENTURE) SVERDRUP & PARCEL AND ASSOCIATES, INC. AND BEINDORF AND ASSOCIATES, INC. sy 3 David B. Smith Vice President Sverdrup & Parcel and Assoc., Inc. James L. Beindorf President Beindorf & Associates, Inc. BOOK 23 PAS[232 DR, SMITH INFORMED THE BOARD THAT ONE OF THE STIPULATED PROCEDURES THE CONSULTING ENGINEERS MUST FOLLOW IS TO WORK WITH A TECHNICAL ADVISORY COMMITTEE WHICH SHOULD INCLUDE ONE PERSON FROM THE FIVE MUNICIPALITIES; A REPRESENTATIVE FROM LOCAL AND COUNTY GOVERNMENT; A MEMBER OF THE DEPARTMENT OF POLLUTION CONTROL; AND A MEMBER OF THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL. CHAIRMAN LOY STATED THAT THE BOARD WILL TAKE STEPS TO APPOINT MEMBERS TO THIS TECHNICAL ADVISORY COMMITTEE AND WILL MAKE A REQUEST TO. THE MUNICIPALITIES FOR THEIR RECOMMENDATIONS, CHAIRMAN LOY INFORMED DR, SMITH AND MR, BEINDORF THAT THE BOARD POSTPONED DISCUSSION ON THE URBAN DEVELOPMENT UTILITY CONTRACT BE- CAUSE OF THE COUNTY'S WATER ALLOCATION FIGURES RECEIVED FROM THE CITY OF VERO BEACH AND INFORMED THEM THAT THE BOARD WILL NEED A REPORT EXPLAINING THE COUNTY'S EXACT POSITION WITH THE CITY IN REGARD TO THIS WATER ALLOCA- TION, U.D.U. MATTERS WILL BE HELD IN ABEYANCE UNTIL THE ENGINEERS CAN PRESENT A REPORT TO THE BOARD ON THIS MATTER, ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS PREPARED AN APPROPRIATE RESOLUTION FOR THE PROPOSED REVISED FEE SCHEDULE AS PRESENTED BY DONALD ADAMS, BUILDING DIRECTOR, FOR THE BUILDING DEPARTMENT, THE BOARD AGREED THAT THIS PROPOSED FEE SCHEDULE BE HELD IN ABEYANCE UNTIL THE CITY OF VERO BEACH APPROVES A FEE SCHEDULE IN ORDER THAT FEES CHARGED CITY AND COUNTY RESIDENTS WILL BE THE SAME, ATTORNEY COLLINS STATED THAT ON APRIL 28, 1975, THE COUNTY HELD A:TAX DEED SALE ON TAX CERTIFICATES AND NO ONE BID ON THE FOLLOWING CER- TIFICATES, ONE PARCEL IS IN LINCOLN PARK ESTATES SUBDIVISION, AND THE .OTHER IS IN DR, RICHARD E. BULLINGTON SUBDIVISION. ATTORNEY COLLINS CONTINUED THAT ACCORDING TO STATUTE 197.241, THE COUNTY COULD PURCHASE THE PROPERTY FOR THE AMOUNT OF TAXES DUE AND RECEIVE A DEED IN THE COUNTY'S NAME, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AGREED TO PURCHASE A PARCEL OF PROPERTY IN LINCOLN PARK ESTATES SUBDIVISION DESCRIBED AS THE WEST 20 FEET OF THE EAST 60 FEET OF LOT 11 FOR THE AMOUNT OF $25.40 AND A PARCEL OF PROPERTY IN DR, RICHARD E. BULLINGTON SUBDIVISION DESCRIBED AS THE NORTH 15 FEET OF THE SOUTH 165 FEET OF THE WEST 105.75 FEET OF THE WEST J5 OF LOT 6, - 24 - AUG 2 01975 Qnr 3 t*cr233 BLOCK 2, FOR $125,27 IN ACCORDANCE WITH FLORIDA STATUES 197,241. ATTORNEY COLLINS INFORMED THE BOARD OF A PROPOSED AGREEMENT BETWEEN THE COUNTY AND THi FLORIDA EAST COAST RAILROAD REGARDING DESIG- NATING THE RAILROAD CROSSING AT VICKERS ROAD AS A PUBLIC CROSSING AND DISCUSSED WITH THE BOARD A LIABILITY CLAUSE IN THE CONTRACT. A MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER SCHMUCKER, TO DELETE THE INDEMNITY CLAUSE FROM THE PROPOSED AGREEMENT BETWEEN THE COUNTY AND THE FLORIDA EAST.COAST RAILROAD REGARD- ING THE RAILROAD CROSSING AT VICKERS ROAD. DISCUSSION FOLLOWED, AND THE CHAIRMAN CALLED FOR THE MOTION. THE BOARD VOTED IN FAVOR OF THE MOTION, AND THE MOTION WAS PASSED. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS HAD A TELEPHONE CONVERSATION WITH NICK SUIT, A RESIDENT OF FELLSMERE, REGARDING THE COUNTY MAINTAINING THE ROADS IN FELLSMERE. HE EXPLAINED TO MR, SUIT THE COUNTY'S POSITION REGARDING THIS SITUATION AND TOLD HIM THAT THE COUNTY IS WILLING TO SIT DOWN WITH OFFICIALS OF THE FELLSMERE DRAINAGE DISTRICT AND/OR TALK TO THE ATTORNEY FOR THE DRAINAGE DISTRICT. THE DRAINAGE DISTRICT AT THIS TIME SHOWS LITTLE INTEREST IN WORKING THIS PROBLEM OUT. ROGER JACK JEEVES APPEARED AND PRESENTED FACTS AND FIGURES ON THE "JACKS' SYSTEM OF BEACH EROSION PREVENTION. MR. JEEVES' PRESEN- TATION IS HEREBY BEING MADE A PART OF THESE MINUTES. -25- AUG 25 - AUG 2 01975 4 Jeeves On Beach Erosion Control: A Presentation to County Commissioners, in meeting, August 20, 1975 at the Indian River County Courthouse Subject: EFFECTIVE & ECONOMIC BEACH EROSION CONTROL (Note: All underlining is that of -the speaker). Madam Chairlady, County'Commissioners, Ladies and Gentlemen: My name is Roger Jack Jeeves. I reside at 605 Holly Road, Vero Beach, with my wife and my ten year old daughter. I come before you as a taxpayer of both the County and the City; and more importantly as a proponent of the concrete "jacks" system u.r . to prevent beach erosion. It is tyke method being used in this country and abroad, and has been for many years back. It is a system which can be installed in four or five months rather than years. The efficacy of the "jacks" system has been proved many times over. This manual I hold here (HOLD UP BOOK) is titled: CONCRETE,ARMOR UNITS FOR PROTECTION AGAINST WAVE ACTION. It is the "bible" of the Corps, published by them in January 1974, I will quote from page Al - Appendix A: of Engineers Experience with Concrete Armor Units. (Quote) "Since the invention of the tetropod in 1950, concrete armor units have been used extensively throughout the world." (Close Quote) The manual goes on to detailsome of them. They are: Crescent -City Harbor, California 2 locations, Kahului Harbor, Hawaii 2 locations, - .(caw-who-louie) Nawiliwili Harbor, Hawaii '2 locations, (now-willy-willy) Lajes Harbor, Azores (lah-haze) Santa Cruze Harbor, California Humbolt Bay, California 1957 & 1973 1957 & 1963 1959 ' 1963 & 1970 1963 3 locations, 1940,'50,'64 '71 & .'72 In addition to those reported installations by the Army'Corps A of Enginec...., the U. S. v. -- --the Navy's jurisdiction 1: 3.• AUG 2 01975 Navy also has installations. Incidentally J `4. ordinarily is considered to be outside fi'oot 23.'phcr235 Jeeves.on Beach.Erosion Control, Page.•2 the United States while the army C:►rps of. Engineers confines itself forthe most part to the Continental United States. I have a letter here addressed to me and dated July 19, 1975 from Captain James B. Vredenburgh, U. S. Navy (Retired), now a resd ent of Vero Beach, in which he states the following: (Quote') "In 1957 I was the Commander, Fleet Activities, Okinawa. There was a need for a small boat basin (harbor) on an exposed beach in Buckner Bay on the Pacific Coast of the Island. After careful study•of various material and methods of construc- tion it was decided to use reinforced concrete, interlocking tetrahedrons (jacks) as a base for two jetties and a breakwater to enclose a small boat basin for the use of the small boats of Navy ships anchored in Buckner Bay and for the protection of boats assigned to the Fleet Activity used to service the Navy ships. "The boat basin enclosure was built in record time and has served admirably its purpose. That it has survived in the "typhoon" corner of the Western Pacific, namely Okinawa, should be proof positive of the adaptability of these building. blocks as permanent and. reliable structures. "Being a resident, property owner. and taxpayer of Vero Beach for 15 years, moves me to be interested in any means or device which krill accomplish the desired objective at minimum cost to the taxpayer so as to protect one of our greatest assets (Close Quote) 'I also have a letter dated July 24, 1975 from Captain Howard. N. Moore, U. S. Navy (Retired) and he, too, is now a resident of Vero Beach ,,..he states: (Quote) "This letter is in response to your inquiry about any ."knowledge I may have concerning Navy's use of concrete form ''jacks" • n for erosion control. In 1972, at the U.'S. Naval Base, Rota,•Spain, I saw the Navy using concrete jacks on the beach in the surf to pre- vent wave -action damage tu'the escarpment."- • AUG 2 01975 PAGE ,.?.,36 4 Jeeves on Beach Erosion Control, Page 3 Captain Moore concludes his letter by saying " I am for the workable system that will be the least burden on the taxpayers "(Close Quote) Reiterating what I previously indicated: The "jacks" system will work successfully in our area not only to help prevent beach erosion but also to help build or extend our beaches. Moreover, the jacks will be a lasting solution. The fact•is, that next to doing nothing at all, concrete jacks system is by far the least costly. You have probably heard the expression: "You can't stop Mother Nature!" I agree. But with the "jacks" system you do not .tm. to stop wave action. Rather, its purpose and fuction is to breakup the waves, thus dissipating and reducing their force. "Jacks" actually will help Mother Nature to build our beaches.. nourish them, if you will, with sand brought in from the ocean by wave action over and through the "jacks". What's more, the "jacks" provide a haven for sea worms, barnacles, • and other creatures of the ocean to attach themselves and further assist Mother Nature in building a lasting reef (which, incidentally makes for good fishing, too). Now let's look at what happened in the October blow of 1974. As much as 10 to 25 feet of beach was eroded in some areas, washed out to sea. Concrete walls were broken up, and foundations of two buildings were undermined. Damage within a half mile of Sexton Plaza area ran to almost $114,000. (See attached Addendum A for details). The forces at work in heavy Northeasters are partly oceano- graphical and partly manmade. In January this year, James L. Garland, Chief of the Engineering Division of the Corps of Engineers described in a letter to County. Commissioners, the results of investigations completed in 1974 by the Corps on "Indian River County Beach Erosion Control." He said P AUG 2 01975 ROUX in part: Jeeves on Beach Erosion Control, Page 4 ro (Quote) "The eroding situation is apparently the effect of several main natural and manmade causes resulting in a general lessening of the .1ittoral drift along the coastline of 4 the county.....the breakdown of the protective foredune system AUG 2 0 1975 due to contruction by local interests of various shoreline structures; and the deterioration of naturally occurring offshore breakwaters." Mr. Garland went on to say: "Probably the most important • to the beach erosion problem in Vero Beach is a structure known locally as'Riomar Reef' part of a larger reef system typical of reefs in the area." (Close quote) 'We agree with Mr. Garland that probably the most effective beach erosion control is found in reefs. That is what is needed. And that is just what is formed by the jacks system. The jacks, which are six -pronged and weigh over a ton each, are self anchoring. As strong waves rush in and over the jacks, the waves produce a forward and downward pressure thus forcing the bottom three prongs of the jacks into the ocean bed. Now consider this very important time factor: This job of making and installing 4,000 steel reinforced jacks can be accomplished, from start to finish, in from 4 to 6 months, depending on two things: weather conditions and the cooperation received from the sponsoring agency, namely, Indian River County. Forms for making the "jacks" are readily available and can be trucked to Vero Beach in a matter of hours. The 241 cubic yards • of conrete to make 4 -thousand "jacks" together with the 60 - thousand lineal feet of #5 steel reinforcing rods are available locally. The availability and the prices have 'been rechecked anti* Bind 3 F*GE23 Jeeves on Beach Erosion Control, Page 5 confirmed by a reliable local supplier as recently as mid July 1975. With the "jacks" system there need not be any 3 -year waiting period. According to infotmation I have received from the office of U. S. Senator Lawton Chiles (who is cognizant of and vitally interested in the concrete "jacks" system to prevent beach erosion of Florida's shores) it usually requires only 30 days to obtain a permit from the Corps of Engineers when such permit is applied for by the sponsoring agency. Upon receipt of that permit, and one from our State Department of Natural Resources, work can get underway directly. I now qubte as follows from Senator Chiles letter: (Quote) :The 1962 Rivers and Harbor Act,,as subsequently amended, provides for small beach erosion projects, when the total Federal share of the complete project does not exceed $1,000,900, to be constructed by the Corps without Congressional authorization' when prior studies indicate such improvements are feasible and warranted." (Close Quote) This all means that the concrete jacks project would not have to wait for three years to obtain Congressional authorization. It can be started immediately upon awarding of the construction bid because in any case such as this where the total Federal share of the complete project does not exceed $1,000,000, Congressional approval is not required. How much will it cost? I estimate that the 4 -rile stretch can be done with steel reinforced concrete "jacks" for $400 -thousand dollars, from contract '"award to finished jc,b, and backed by a performance' bond. p AUG 201975 80 GA PACE23 Jeeves on Beach Erosion Control, Page 6 I now quote from the Corps of Engineers' Program for Construction of Beach Erosion Control Projects under the Authority of Section 103 of the River & Harbor Act of 1962, as amended: (Quote) "Federal cost participation may be up to one-half the cost of protecting shores owned by non -Federal public agencies." (Close Quote) The State of Florida, Indian River County and the City of Vero Beach qualify'as non -Federal Agencies: Let's take a look at the breakdown of the $400,000 cost for installation of the jacks system. Deducting $200,000, which is the fifty percent Federal share, leaves a balance of $200,000. Then according to FloridaHouse Bill #1672, passed earlier this year, (a photocopy of which -I hold in my hand furnished to me by our local State Representative, Chester Clem), the State will pay one-fourth of the total which amounts to $100,000, thus leaving $100,000 outlay to be split between the County and City. Incidentally, you'll be interested to learn the following, which I quote from a letter dated 30 July 1975 from Colonel Wisdom, Corps of Engineers District Engineer3and addressed to Honorable Lawton Chiles, who inturn mailed a photocopy to me which I received last Thursday August 14, 1975. The letter is quite long, so for the sake of brevity I will read just its first and fourth paragraphs: •(Quote) "Dear Senator Chiles: This .is in response to your • letter of 22 July 1975 in which you requested iriiormation on our Indian -River County Beach Erosion Control and Shore Protection Study. AUG 2 01915 'B �Qx 23 PAGE40 4 Jeeves on Beach Erosion Control, Page 7 (Quote Paragraph 4) "Seemingly intense local interest has been'generated regarding artificial reefs to be used as a method in controlling beach erosion. As envisioned, these reefs would facilitate the growth of an organism known as the Sabellariid worm. In some locations of the study area, the worm has formed reefs that have apparently impeded the beach erosion process by dissipating wave energy. The artificial. reef concept which was addressed in -our study as an alternative solution to the erosion problems at Vero Beach but was found to be very costly. Not much is known at this time of its effectiveness. However, we do recognize that these reefs may have a value in erosion control efforts." (Close Quote) It is only in recent weeks that the public has become aware of the action taken by the County and City in May and June, climaxed with the Resolution signed by the Commissioners, June 27. . The Vero Beach Civic Ass^ ion and.the Taxpayers Association of Indian River County have since studied the beach erosion control deliberations in great detail, and they have asked you in serious terms to modify the June 27 Resolution in an addendum to the Corps• of Engineers with an endorsement of the steel -reinforced concrete jacks as a preferred method of erosion control. -^= j' win_ Ga'.4.1.17 In closing I would simply like toemind you that the jacks system has these important advantages:_ 1.) The cost is much lower: $400,000. 2.) Jacks can be installed in four or' five months whereas, the Corps of Engineers stat^.s it can't start pumping sand for three years. 3.) Jacks, eliminate the ;need for annum.sand Pumping i • • a• AUG 2 01975 600k , 23 ?AGE24 a;... r'� Jeeves on Beach Erosion Control, Page 8 which has been found costly and discouraging to taxpayers and property owners in other communities. I wish to thank you for your interest and attention. If there are questions, I will endeavor to answer them to the best 4 of my ability. Thank you. LS/ si Roger Jack Y eves 605 Hblly Road Vero Beach, Florida 32960 • Indian River 'County Courthouse August 20, 1975 Addenda #1 attached: Survey to determine detailed property losses following the Northeaster of October, 1974 RJJ/em AUG 201975 0001 23 RAGE242 ADDENDUM #1 Au. ;ust 20, 1975 • Jeeves on "jacks", addenda page Al A Personally Conducted Survey to Try to r-termine Property Losses (exclusive of loss -sof -business losses) following the nor:'easter of October 1974, by Tod Brown and Roger Jeeves during the last two weeI^ of July and the first two weeks of August 1975. Except for the reports of the: City of Vero Beach and that of Indian River County, this report is presented in a north to south sequence, starting with the SPIRES on the north to the RIOMAR COUNTY CLUB area at the south. City and County reports are presented next to last and last. • RJ a SPIRES, $6,000 expended for replacement & repair of Ocean front damage. (Notes additional expendituss are being contemplated for a 4 3 -foot high protecting wall on Ocean side of property.) TB - CHESAPEAKE (Bill Davidson 562-4109): reinforce balcony $200; replace lost stairway $200;. sand fill $1,600; Total $2,000. TB a REEF (Paul Gieselmann, Jr. 567-7101): second sentence of second paragraph of his letter of July 30th states: "Sure, we have lost a bit of beach, but it has not cost The Reef one cent in tourist business." (Note: no dollars and cents figures were given.) TB - HOLIDAY INN'OCEANSIDE (Frank Howard 562-4164)1 October '74 brow $O.00; but after the blow, the seawall was extended to prevent erosion at its extremities should another blow occur. Costs $8,500. TB - OMAN' GRILL (Ralph Sexton): $5,000 for fill plus $30,000 for repairs to GRILL. DRIFTWOOD INN only $1,000 to repairs wood stairs to beach. Ralph indicated:. (Note:heavy loss of business to bar and restaurant due to forced closing.) RJ a HOWARD JOHNSON'S reported loss of $131,000 in property damage. Expect to outlay $10,000 for sad and landscaping plus $121,000 to replace the washed-out seawall, stairs and part of the patio area. TB -THE BREAKERS (Reggie Swift 567-4.333) spent $27,500 for fill and new seawall. T2V- BREEZEWAY PATRIC PIZZA (Dick Edwards) no direct cost to this lessee. Advised me to contact "Red" Kupper. TB - "RED" KUPPER, real estate, Breezeway Bldg. (567-2226), manager for the Anne G. Watters properties: 175' south of Humiston.Park. Immediately after the October '74 blow, spent $375 for fill north end of Patric Pizza. However, previous to the October '74 blow he spent approximately $50,000 for a crib retaining wall 175' long. "Red" indicated that there was only slight erosion to the property at north and south ends of wall. Dick Edwards indicated that it was his understainding that the crib walls were to be extended further westward from the ocean to prevent washouts at the cxo ends, both north and south. Anne G. Watters property: 175 north of Riomar & White Sands of Vero: No expenditures made here ... but according to "Red" Kupper, the beach was eroded about 25° due to washout -- and loss of 5 -trees including a large ironwood tree now lying on the beach for all to see. .TB - LOT at SE corner of Flamevine & Ocean Dtive. Takis property. Unable to locate owner in phone book. However, it is self -evident that no expenditures have been made. It also is quite evident that this beachfront property has been eroded approximately 20-25 feet. • E • AUG 2 01975 • eon PAGE 1 $ 4 .4 August 20, 1975 Jeeves on "jacks", addenda page A2 TB ..BRIGHTWATERSHAPT. mom (Jeff Devenal, son of owners 562-2684)s Contacted his vacationing parents via Jing distance phone to learn and report the following' Spent in '73 e: 74 approxsimately $18,000 for fill, sod and repairs to platform# approximately $9,000 each'year.. TB - WHITE SANDS OF VERO (Mrs. John Calnan) 567-7193), Spent $10,000 in '73 for sand fill and another $10,000 in '74 for more fill and repairs to patios of beach cottages. She also reported a loss of approximately 25' •of beach front. ;Mrs. Calnan concerned about a blow this year and its consequences'. TB . RIOMAR COUNTRY CLUB (Henry Manville, Treasurer 562-2684)1 Spent $7,000 for repairs to beach house. 71t- Es &BOOTS, 2310 Ocean Drive (562-2019): Unable to contact.... vacationing in Blue Hill, Maine, according to information from Ralph Sexton. TB - INDIAN RIVER COUNTY; July 28, '75 letter from L. S. "Tommy" Thomas, Inter- governmental coordinator, indicated no cash expenditure per se, buts 27 hours use of County dragline ....$405.00 TOTAL 2 County men 27 hours 173.07 $578.07 75 - CITY of VERO BEACH,'July 22, 1975 memo from J. Lewis Greene, Director.of Public Works to Tom Nason, Director of Finances Equipment & Manpower Humiston Park Beach $1,818.97 Conn Beach Dunes 63,44 Sexton Plaza Beach 97.46 Totals $1,979.87 COMBINED CITY TOTALS $6,976.87 Add County's Contribution -ELM City -County Total on 3 -beaches $7,$54.94 Cost of Sand $3,790.00 1.165.00 $49997.00 Notes Beaches, walks and parking areas are still not fully restored to their conditions prior to the October '74 blow. Compilation of Figures Reported* EXPE in '73 Prior to Oct. '74 blow SPIRES CHESAPEAKE REEF HOLIDAY INN OCEAN GRILL DRIFTWOOD HOWARD JOHNSON'S BREAKERS Patric Pizza(Lessee) "RED" KUPPER $50,000 Takis LOT BRIGHTWATM 9,000 WHITE SANDS 10,000 RIOMAR C C BCCTS .COUNTY CITY • • AUG 20 1975 NDITURES following the to be Oct. '74 blow made $6,000 2,000 0 .8,500 35,000 1,000 27,500 375 $131,000 9,000 10,000 7,000 578 6,977 -- for a TOTAL .. • of $113,930 expended after '74 blov • • • eon 2a flu244 TURNERS flSSOCIRTIOD OF InOlflnON RIVER COMITY: Inc. A N -PROFIT CORPORATION 00idelbing is easier than spending the public% money] it does net appear to beicng to anybody. overwhelming to bestow it on somebody.^ a Calvin Coolidge Sunday, August 17, 1975 Miss Alma Lee Loy, Chairlady and County Commissioners of Indian River County Indian River County Courthouse Vero Beach, Florida 32960 The Taxpayers Association, Miss Loy, P O. eox 1761 VERO SRACM. FLORIDA 33060 The temptation is is concerned and disturbed by the County Commissioners' action of June 27th in regard to Beach Erosion Control& We have examined the Resolution yon signed on that date, giving the Army • Corps of Engineers such tremendous latitude in pumping sand to replenish our beaches. It appears to include an open-ended provision for yearly sand pumping to continue as long as needede local news media, which covered the hearings on beach erosion, have reported that the Corps stated its program will cost between 2 and. 10 million $s This is a shocking burden to place on the backs of our taxpayers. 'Disturbing, too, is to find that top administrators cf both the County and City reveal that neither of them has any record of official figures. To date we know of no cost figures, in writing, from the Corps. Efforts to obtain a copy of the cost figures quoted at the hearing by the Corps so far has not produced them, with recent phone requests to its office in Jacksonville, Florida notwithstanding. We are deeply concerned that the County and City may have plunged into what appears to be a bad arrangement with the Corps. Sand pumping is appallingly expensive... and has teen a failure in ever so many communities along the Atlantic Coast. Moreover, we understand the Corps won't be able to start the sand fill job here for 3 -years. But on Wednesday, August 20th, you will meet to receive information about an alternate method of beach erosion•controj, the so-called "jacks" method, where steel reinforced concrete jacks are placed in the water offshore to break up wave action and also help deposit sand. The propanent of the system states that the cost will be $400,000 and, will require only a few months to be installed and in operation. Consider seriously this alternative ... then request the Corps to examine it with the goal of relieving us taxpayers of the burden of the multi-million $ sand pumping method you endorsed in the June 27th Resolution. This letter was authori„ed by today's action of our Executive Committees Alan S. Anderson, President;John R. West, 1st VP;Robert C. Ramsdell, 2nd VP; William 0. Lucas, Treasurer; John G. Taylor, Jr., PP; Ted Br n, Sec AUG 201975 BM 23 Mt 245 /UL 201975 • VERO UEAC ASSfl1 MCORPOSAIIIID Q.O. BOX 3381 - VERO BEACH FLORIDA - 32980 Miss Alma Lee Loy, Chairperson and County Commissioners Indian River County, Florida Subject:. Beach Erosion J/ 'J AUG 1975 ' RECEIVED T,, 40 stalols arae ti En ��'A£sZ9Zel B August 15, 1975 We have reviewed the local history on the above subject, in- cluding the Resolution which you approved on June 27, 1975. We notice that you have endorsed the Army Corps of Engineers sand - fill proposal and committed the County to fund its share with- out limitation on amount or time. There have been indications that the initial and continuing cost of such a program might -run into several millions of dollars and more. • In the meantime, we have been apprised of an alternate ap- proach involving the use of steel -reinforced concrete "jacks" which is supposed to involve an initial cost considerably less than the above and which can be placed in use much sooner. .We understand that this approach was not included in the recommendations of the Corps of Engineers earlier this year. How- ever, we also understand that you have scheduled the local proponent of this jacks system, Mr. Roger Jeeves, to present the advantages of this system to you on Wednesday, August 20. We urge you to assess his presentation in the light of your VBCA ... An Organization of Property Owners of Vero Beach and Indian River County BON 3 Pkgt 4,f • •h AUG 201975 previous committment, and recommend that you ask .the Corps of Engineers to•reopen their investigation to include this con- • erete jacks approach as a viable alternative. The. Jacks system has important advantages: a) the cost is much lower: $400,000 to $600,000 '` AUG 1975 c a; RECEIVED .Fjo . .rte Adaieastratofs Office ti �2< lf'Oi;6t�Z��� b) the jacks can be installed in four or five months; whereas the Corps of Engineers states it will not be able to.start pumping sand for three years or more. e) It eliminates the need for annual pumping. of sand to renourish the beach, which has proved.costly and dis- couraging to communities along the Atlantic Coast.from New Jersey to Miami. It certainly will be in the interest of the taxpayers and property owners of the city and county to modify your Reso- lution to endorse this concrete jacks approach as preferred. Also we would urge that you limit this county's committment to a fixed sum and to a fixed time period in underwriting any costs to be incurred in future protection of our beaches. Respectfully, The Board of Governors by (eft CL'rt_ l7, 44.e44,, ,,IA • Edar�G. Warren, Acting Chairman Boa 23 cE ?4 7 RICHARD (DICK) STONE FLORIDA AUG 01975 JCnifeb Zfafez . ienafe WASHINGTON. D.C. 20510 August 4, 197S The Honorable Alma Lee Loy Chairman Board of County Commissioners Indian River County Courthouse Vero Beach, Florida 32960 asoormal AGRICULTURE AND FORESTRY INTERIOR AND INSULAR AFFAIRS VETERANS' AFFAIRS Dear Commissioner: I wanted to take a moment to get back in touch with you and provide you with the report that I re- cently received from Lieutenant Colonel James Argo of the Army Corps of Engineers regarding the Indian River County Beach Erosion Project. The report attached is most detailed as to the events which have taken place since the public hearing in May and I am confident you will find it interesting. You may count upon me to continue to monitor these proceedings and if I may be of any other service in the meantime, do let me know. RDS/lv Enclosure PLEASE REPLY TO: SUITE 2008. 2639 NORTH MONROE STREET. TALLAHASSEE, FLORIDA 32303 BOOK PAEE2 8 SAJWR +pEPARTMENT OF THE ARMY JACKSONVILLE DISTRICT. CORPS OF ENGINEERS P. 0. BOX 4970 JACKSONVILLE. FLORIDA 32201 Honorable Richard Stone United States Senator Suite 200-B 2639 North Monroe Street Tallahassee, Florida 32303 Dear Senator Stone: 23 July 1975 This is in response to your request that we give consideration to Ms. Alma Lee'Loy's letter of 30 June 1975 to you. As you are aware from our 16 May 1975 public meeting announcement, we are conducting a beach erosion control and shore protection study of the shoreline of Indian River County, Florida. The Indian river County Board of Commissioners is the local sponsor of the study. Since April of this year, three coordination meetings and one public meeting have been conducted at Vero Beach in order to present the study findings to the local interests. Indian River County Resolution No. 75-37 which M. Loy sent to you is the county's response to our study findings. The resolution has been reviewed and will become a part of the permanent record of the 10 June 1975 public -meeting. Investigations have resulted in the consideration for possible improve- ment of two reaches of shore within the county where storm damage and shoreline recession have been severe and upland property is threatened. These areas include the southerly ocean shoreline adjacent to Sebastian Inlet and a two-mile stretch of beach at Vero Beach. The selected plans for correcting the beach erosion problems at each of these two areas include an initial beach fill, future nourishment, and a deferred ero- sion control structure. The views of the county and other local inter- ests have been given full consideration in the selection of these plans. In Ms. Loy's letter of 30 June and the resolution, she refers to the "Sabecon" reef. The Sabecon reef concept was addressed in our study as an alternative solution to the erosion problems at Vero Beach but was • r4: AUG 2 01975 BOO 23 PAGE? SAJWR Honorable Richard Stone found to be very costly. In addition, not ich is lmown at this time of its effectiveness. However, we do recognize that the Sabecon reef or other artificial reef concepts may have a value in erosion control efforts. The report now under preparation will consider the advisability of impli- menting a small test section of an artificial reef such as the Sabecon reef with a view of reducing the cost of periodic nourishment. 1 hope this has been of assistance to you. Sincerely yours, 23 July 1975 1 Incl Ltr fr lis. Loy and Resolution No. 75-37 (returne S W. ARGO C, Corps of Engineers Deputy District Engineer Copy furnished w cy Sen. Stone's ltr and incl: OCE, Attn: DAEN-CWP-E SAD, Attn: SADPD-P 2. AUG 2 01975 .Bowl 23 PRGE250 . IIEVUIN On ASKEW r .l ,:- a Blill( p: A. SNTAIIIIEliS State of Florida � �-) �� Secretary or Male a kOIIF:NT 1.. MIS Afloat', General GERALD A. LEWIS Crnnptroller • DEFARTJ'\l�NT OF NATURAL RESOURCES 4,1n f>g1 .� 'ftcucurnr UUVI.I: CONNER Conttnhsionct of Agriculture IIARMON W. SI IIELDS CROWN BUILDING / 202 BLOUNT STREET / TALLAHASSEE 32304 RA I•I'i t U. TU R I.I M;1 O N Executive Director Comniimioner of Education PHILIP F. ASHLER July 30, 1975 Treasurer Honorable Alma Lee Loy Chairperson, Board of County Commissioners Indian River County 1425 20th Street Vero Beach, Florida 32960 Dear Ms. Loy: This year, on October 1, 2, and 3, the annual conference of the Florida Shore and Beach Preservation Association will be held 'at the Hyatt House, Miami Beach, in conjunction with the annual conference of the American Shore and Beach Preservation Association. As an official representing coastal and beach interests, you should'be interested in attending and participating in this joint --•; conference. Interesting programs are planned to inform you of coastal and beach problems around Florida and the nation as well as tried and proven solutions to those problems. In addition to your attendance and participation, it would be desirable. for representatives of your technical and/or Administrative staff to attend also. As plans for this conference are finalized, you will hear from me again. I hope you will make plans now to attend this timely conference. Sincerely, ` n f W. T. Carlton, Chief Bureau of Beaches and Shores WTC/pj DIVISIONS / ADMINISTRATIVE SERVICES • ENVIRONMENTAL RESEARCHAND PROTECTION • INTERIOR RESOURCES MARINE RESOURCES • RECREATION AND PARKS . • AUG 2 01975 o'ooi 23 Pae€251 \,\ a111 KF.unlN 0'O. ASKEW 14m -rotor auu(•a: A. snlATnl:us • State .of FloridaSecretary of State �'1 v • '''•' Alt. ROai•:IEI 1_ SIIICVIN ��''�� Attorney General GERALD A. LEWIS Connaroltrr • DEPARTI"\INT OF NATURAL RESOURCES •l++a I r DOYI.t. ('ONNER • ('omnt»ciunrr of Agriculture MA 1.1'11 1). ill K 1.1 %(A ON Commissioner of Education Philip F. Ashler Treasurer IIARMON W. SHIELDS • Executive Director AUG .291975 CROWN BUILDING / 202 BLOUNT STREET ! TALLAHASSEE 32304 July 24, 1975 MEMORANDUM T3: Chairman, Board of County fbrissioners (All Coastal Counties) Mayor, (All Coastal Cities) All Special Districts Fes: Mr. W. T. Carlton, thief Bureau of Beaches and ShoresJl SUBJECT: Preparation of Erosion. Control Trust Fund account budget requests for Fiscal Year 1976/77 1. In.a few days the Bureau of Beaches and Shores will begin preparation of the Fiscal Year 1976/77 budget. 2. Section 161.091, Florida Statutes (Copy enclosed), provides for state support funds for locnlly sponsored erosion control projects. Should your plans for Fiscal Year 1976/77 include initiation and/or continu- ation ontinuation of erosion control projects which are eligible for State funds under the provisions of the referenced statute you should move written requests for such funds to this office. Such requests should be in our hands by August 22, 1975. • 3: Should you have any questions in this regard, please call me or • Mr. Ray George at the below listed'number: (Area code 904) 488-7200. 4. Because of the stringent budget requirements, State contributions may be limited to a maximun of 50% contribution'. WTC/rgj Enclosure • DIVISIONS / ADMINISTRATIVE SERVICES • ENVIRONMENTAL RESEARCH AND PROTECTION • INTERIOR RESOURCES MARINE RESOURCES • RECREATION AND PARKS 11013k G3 P01252 COMMISSIONER SIEBERT STATED THAT IT IS HIS UNDERSTANDING THAT A COST BENEFIT RATIO STUDY AND ANALYSIS MIDST BE DONE ON ANY PROJECT UNDERTAKEN BY THE CORPS OF ENGINEERS, AND FEDERAL OR STATE FUNDS COULD NOT BE RECEIVED WITHOUT THIS STUDY, • MR. JEEVES STATED THAT THE HONORABLE CHESTER CLEM AND U. S. SENATOR LAWTON CHILES HAVE INDICATED THAT THIS MONEY WOULD NOT BE HARD TO COME BY UNDER CHAPTER 12.11 SMALL BEACH EROSION PROGRAMS FOR A COUNTY PROJECT. You SIMPLY APPLY FOR A PERMIT FROM THE CORPS OF ENGINEERS, WHICH SHOULD TAKE APPROXIMATELY 30 DAYS, AND THEN YOU APPLY FOR THE STATE AND FEDERAL FUNDS, CHAIRMAN LOY ASKED MR. JEEVES WHAT DOCUMENTATION HE HAD TO SUPPLY THE CORPS OF ENGINEERS AND THIS BOARD THAT JUSTIFIES THAT THIS SYSTEM WILL WORK IN INDIAN RIVER COUNTY'S SITUATION. MR. JEEVES STATED THAT HE HAS A BOOK FROM THE CORPS OF ENGINEERS DESCRIBING THE USES OF THE "JACK" SYSTEM. CHAIRMAN LOY STATED THAT SHE FINDS IT DIFFICULT TO BELIEVE THAT PERMITS COMING FROM THE CORPS OF ENGINEERS COULD BE SECURED WITHIN 30 DAYS AS MR. JEEVES STATED, AND AS FAR AS FUNDING, CHAIRMAN LOY CONTINUED' THAT POSSIBLY MONEY IS AVAILABLE, BUT STUDIES WOULD HAVE TO BE COMPLETED BEFORE THOSE MONIES WOULD BE MADE AVAILABLE TO THIS COUNTY, IF A PRIVATE GROUP WANTED TO TAKE THE COMPLETE RESPONSIBILITY FOR THIS PROJECT, THEN YOU MIGHT POSSIBLY GET PERMITS TO DO THIS WORK, MR, JEEVES STATED THAT IN ORDER TO GET THE MONEY, IT HAS TO BE REQUESTED BY THE BOARD OF COUNTY COMMISSIONERS, CHAIRMAN LOY STATED THAT TO HER KNOWLEDGE, SHE HAS NOT FOUND ANY AGENCIES WHERE YOU DO NOT HAVE TO MEET ALL THE CRITERIA SET OUT. ONE OF THE REASONS THE BOARD ASKED THE CORPS TO STUDY THE SABECON REEF WAS BE- CAUSE OF THE TREMENDOUS AMOUNT OF WORK THAT WAS DONE BY A PRIVATE GROUP TO PROVE THEIR POINT. SHE STATED THAT SHE HAD SPENT TIME AND ENERGY TO GENERATE INTEREST BY WAY OF PUBLIC INVITATIONS BEING MAILED REGARDING THE TWO PUBLIC HEARINGS, AFTER THE PUBLIC HEARINGS, THE BOARD PASSED A RESOLUTION ASKING THE CITY OF VERO BEACH TO SUPPORT US. THIS BOARD TRIED TO GET HELP AND INTEREST IN ORDER TO MAKE A DECISION THAT WOULD BE IN THE BEST INTEREST OF THIS COUNTY, - 44 - AUG 2 01975. eon 23 pAgE 253 THIS PROJECT HAS BEEN GOING ON SINCE 1964, AND AS OF THIS DATE, THIS BOARD HAS NOT COMMITTED ONE DIME TO THE PROJECT, IF THE RESEARCH ON THIS PROJECT P,COME ROVES TO BE SUCCESSFUL, IT MUST BACK TO THE BOARD FOR APPROVAL. IN ORDER TO KEEP RESEARCH ON THIS PROJECT MOVING, WE ADOPTED A RESOLUTION INDICATING OUR SUPPORT. JEROME KRAMER, ATTORNEY, REPRESENTING THE VERO BEACH CIVIC ASSOCIATION, APPEARED AND ASKED THE BOARD TO CONSIDER MR. JEEVES' "JACK" SYSTEM. IF THE BOARD FINDS IT A VIABLE ALTERNATIVE, HE THEN REQUESTED THAT THE CORPS OF ENGINEERS BE ASKED TO REOPEN THE STUDY AND FOR THEM TO STUDY THE "JACK" SYSTEM. COMMISSIONER SIEBERT STATED THAT THE CORPS WENT BEYOND THE CALL OF DUTY REGARDING THE SABECON REEF. THEY DID THAT BECAUSE THEY HAD INFORMATION SUBMITTED TO SAY THAT IT IS A POSSIBLE ALTERNATIVE. TED BROWN APPEARED AND STATED THAT CONCERNED CITIZENS ARE RE- QUESTING THIS BOARD TO ASK THE CORPS OF ENGINEERS TO MAKE A STUDY OF THIS "JACK" SYSTEM. THE CIVIC ASSOCIATION AND THE TAXPAYERS ASSOCIATION ARE ASKING THAT THIS STUDY BE MADE. AFTER DISCUSSION, A MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, TO FORWARD THIS PRESENTATION MADE BY ROGER JACK JEEVES TO THE CORPS OF ENGINEERS AND ASK THEM FOR THEIR COM- MENTS ON THE "JACK" SYSTEM FOR BEACH EROSION CONTROL. DISCUSSION FOLLOWED AND COMMISSIONER WODTKE STATED THAT THE "JACK" SYSTEM WAS BROUGHT UP AT THE FINAL PUBLIC MEETING AND MR. JEEVES ASKED TO BE HEARD AND TO HAVE HIS COMMENTS READ INTO THE MINUTES, WHICH WAS THE FIRST TIME HE HAD HEARD THE WORD "JACKS." COMMISSIONER WODTKE STATED HE IS TOTALLY INTERESTED IN SAVING THE TAXPAYERS MONEY, AND IF THERE IS MERIT TO THE "JACK" SYSTEM, HE WOULD BE INTERESTED IN KNOWING ABOUT IT. COMMISSIONER WODTKE CONTINUED THAT A NEWSPAPER ARTICLE STATED THAT THE CORPS OF ENGINEERS.HAD DEVELOPED A "JACK' SYSTEM TO BE USED IN VIRGINIA, HE WOULD LIKE TO SEE THIS INFORMATION SUBMITTED TO THE CORPS OF ENGINEERS INFORMING THEM THAT A STRONG INTEREST IN THE "JACK" SYSTEM HAD DEVELOPED AND ASKING IF THERE IS A WAY THIS SYSTEM COULD BE DONE FASTER AND IF THERE IS MONEY IN THE BEACH HARBOR ACT. His SUGGESTION WAS TO SUBMIT THIS INFORMATION TO THEM AND REQUEST,THE CORPS TO CONSIDER -45- AUG 20197.5 8401 23 'PACE 254 THE INFORMATION AND SUBMIT THEIR COMMENTS. HE WOULD LIKE THE MOTION TO BE STRONGER. CHAIRMAN LOY STATED THAT .SHE FEELS WE CAN GET AN ANSWER FROM THE CORPS WITHOUT OPENING THE PUBLIC HEARINGS ON THE PROJECT UNTIL WE HAVE MORE INFORMATION, COMMISSIONER SIEBERT STATED THAT HE DOES NOT WANT TO GO TO THE EXTENT OF ENDORSING THIS METHOD, BUT HE WOULD LIKE TO ASK THE CORPS TO COMMENT ON IT AND EXPLAIN WHY THEY DID NOT INITIALLY RECOMMEND THE "JACK" SYSTEM. COMMISSIONER SCHMUCKER SUGGESTED THAT THE LETTER SHOULD STATE THAT WE WOULD LIKE THEIR COMMENTS ON THE STATEMENT MADE, 'MAT IN PLACING JACKS IN A SINGLE LINE 200 FEET OFF SHORE -?4,000 JACKS WOULD BE NEEDED, THE CHAIRMAN CALLED FOR THE MOTION, THE BOARD VOTED UNANI- MOUSLY AND MOTION WAS CARRIED. THE BOARD RECESSED AT 12:30 O'CLOCK P.M. 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 12 DAYS, IT IS NECESSARY THAT THE BOARD APPROVE PAYMENT FOR THE EXTENSION OF TIME, BABY BOY WOODY BORN TO CATHERINE WOODY HAS BEEN HOSPITALIZED AT JACKSON MEMORIAL HOSPITAL IN MIAMI FOR 17 DAYS BECAUSE OF A HYALINE MEM- BRANE:- DISEASE AND HYPOGLYCEMIA. DR, FLOOD STATED THAT THE REASON GIVEN FOR THE EXTENSION OF TIME IS JUSTIFIED, AND HE RECOMMENDED PAYMENT, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED PAYMENT FOR THE EXTENSION OF HOSPITAL TIME FOR BABY BOY WOODY OF FIVE DAYS AT JACKSON MEMORIAL HOSPITAL IN MIAMI AS APPROVED BY DR, C. C. FLOOD. -46- AUG 20 1975 BBBI 23 fAGE 5 5 THE HOUR OF 1:30 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 X17J i In the matter of P in the Court, was pub- lished in said newspaper in the issues of /Q, '97 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this i/ da A D. 19�� (SEAL) AUG 201975 (Business Manager) (Clerk of t ircuit Court, Indian River County, Florida) NOTICE OF HEARING All Interested parties are hereby notified that the Board of County Commissioners of Indian River County, State of Florida, will hold a public hearing on August 20, 1975, at 1:30 P.M. o'clock in the Board of County Commissioners' room In the Indian River County Cour- thouse, Vero Beach, Indian River County, Florida, to consider the application of . HARRIS SANITATION, INC., a Florida corporation, for a non-exclusive garbage and trash service fran- chise for the unincorporated areas of Indian River County, Florida. Rates to be charged are as follows: Residential: 63.25 per month; two collections per week. Commercial or Government: 51.75 per cubic yard per pick-up, plus container maintenance service fees, 2 yard at 812 per month, 3 yard at S14 per month, 4 yard at $16 per month, 6 yard 8t 518 per month, 8. yard at 520 per month. Parties in interest and citizens will be heard by the Board at said public hearing. Dated this 1st day Of August, 1975. Board of County ' Commissioners Indian River County Florida By: -s -Alma Lee Loy Chairman Aug. 10, 1975. PRESENT FOR THIS PRESENTATION WERE SAM HARRIS, PRESIDENT AND _OWNER OF HARRIS SANITATION AND WILLIAM J. NEILL, ATTORNEY REPRESENTING HARRIS SANITATION, COMMISSIONER WODTKE ASKED IF HARRIS SANITATION OR ITS PARENT COMPANY WASTE WATER MANAGEMENT ARE NOW INVOLVED IN ANY LAWSUITS IN THE STATE OF FLORIDA. MR, NEILL STATED THAT THERE ARE NO LAWSUITS IN THE STATE,OF FLORIDA. THE BOARD REVIEWED THE FINANCIAL MATERIAL SUBMITTED BY HARRIS SANITATION. MR. HARRIS STATED THAT HE STARTED SERVICING PORTIONS O# BREVARD COUNTY IN 1957 UNDER A SANITATION FRANCHISE AND THAT THE COUNTY COMMIS'- -47 - Ha 23 FAcf25f SIONERS IN.BREVARD COUNTY REGULATE THEIR RATES. THEY NOW ARE CHARGING $4.50 TO $5.00 PER MONTH FOR GARBAGE PICK-UP. • IF THE BOARD APPROVES THIS FRANCHISE, THERE WILL BE A CHARGE OF $3.25 FOR GARBAGE PICK-UP. THE BOARD QUESTIONED IF HARRIS SANITATION CAN OPERATE IN INDIAN RIVER COUNTY FOR $3.25 WHY CAN'T THEY OPERATE IN BREVARD COUNTY FOR THE SAME AMOUNT? MR. HARRIS EXPLAINED THAT LABOR IS AVAILABLE IN INDIAN RIVER COUNTY, AND THERE ARE NO DUMPING FEES, CHAIRMAN LOY ASKED HOW MANY CONTRACTS AND FRANCHISES MR, HARRIS HOLDS IN THE NAME OF HARRIS SANITATION. MR, HARRIS STATED THAT HARRIS SANITATION SERVICES SIX CITIES AND ONE COUNTY. MR, HARRIS STATED THAT HE HAS A WRITTEN CONTRACT WITH WASTE WATER MANAGEMENT, THEY HELP HIM PURCHASE TRUCKS AND EQUIPMENT, AND THEY RECEIVE PROFITS, MR. HARRIS STATED HE WORKS FOR THEM, BUT HE RUNS HARRIS SANITATION. MR. HARRIS INFORMED THE BOARD THAT THE EMPLOYEES OF HARRIS SANITATION ATTEND ONE SAFETY MEETING A MONTH; THEY ARE COVERED BY INSUR- ANCE AND PENSIONS; THEIR TRUCKS ARE RADIO DISPATCHED; AND THEY HAVE A COMPACTOR, CHAIRMAN LOY ASKED IF HARRIS SANITATION CHARGES THE SAME RATES THROUGHOUT BREVARD COUNTY, MR. HARRIS STATED THEY DO NOT; IT DEPENDS ON THE SERVICE EACH CITY REQUESTS. CHAIRMAN LOY ASKED IF HARRIS SANITATION KEEPS A SEPARATE SET OF BOOKS FOR EACH FRANCHISE AREA, MR. HARRIS STATED THAT HE DOES, MR. HARRIS EXPLAINED TO THE BOARD THAT HE HAS A PERSONAL CON- TRACT WITH WASTE WATER MANAGEMENT WHICH WILL EXPIRE IN 1976 AT WHICH TIME IT MAY NOT BE RENEWED. COMMISSIONER WODTKE STATED THAT HE HAS DONE INVESTIGATION OF HARRIS SANITATION AND FOUND THAT THEIR SERVICE HAS,BEEN GOOD, BUT HIS CONCERN IS WITH WASTE WATER MANAGEMENT. HE WAS OF THE OPINION THAT THERE ARE SOME PROBLEMS WITH WASTE WATER MANAGEMENT IN BROWARD COUNTY. -48- AUG 2 01975 goo 23 a*c€257 MR. HARRIS STATED THAT THERE HAS BEEN AN INDICTMENT OF AN EMPLOYEE FOR PRICE FIXING, EMBEZZLEMENT OR SOMETHING OF THIS NATURE, ATTORNEY COLLINS INFORMED THE BOARD THAT ATTORNEY BURCH HAD WRITTEN MR, NEILL ASKING FOR INFORMATION REGARDING OFFICERS OF WASTE WATER MANAGEMENT WHO HAD BEEN INDICTED, AND MR, NEILL REPLIED, IN PART, AS FOLLOWS: "THERE ARE NO OFFICERS THAT HAVE BEEN CHARGED OR INDICTED BY THE GRAND JURY," HE CONTINUED THAT AN EMPLOYEE HAS BEEN INDICTED, BUT HE FEELS HE IS INNOCENT, ATTORNEY COLLINS CONTINUED THAT THEY HAD PREVIOUSLY RECEIVED A REPORT OF VARIOUS LAWSUITS AMOUNTING TO APPROXIMATELY $9,000,000.00. ON JULY 31ST THERE WAS A CONVICTION ON PRICE FIXING IN MADISON, WISCONSIN, AND THERE IS CURRENTLY CIVIL LITIGATION AS WELL AS CRIMINAL LITIGATION, THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. ROBERT JACKSON, REPRESENTING A FRANCHISE HOLDER IN INDIAN RIVER COUNTY KNOWN AS RURAL SANITATION, APPEARED AND STATED HE WANTED TO GO ON RECORD AS OBJECTING TO A NEW FRANCHISE BEING APPROVED IN INDIAN RIVER COUNTY, HE CONTINUED THAT RURAL SANITATION HAS BEEN IN BUSINESS SINCE 1959 AND HAS BEEN RELIABLE, IN ANTICIPATION OF HAVING TO SERVICE ADDI- TIONAL PEOPLE, THEY HAVE PURCHASED AN ADDITIONAL NEW TRUCK, MAKING A TOTAL OF SIX; THEY ORIGINALLY STARTED WITH TWO. THEY ARE NOT WORRIED ABOUT BUSINESS IF SOMEONE LOCALLY WANTS TO DO IT, AND THERE ARE PEOPLE IN THE COMMUNITY WHO COULD DO IT, THEY ARE CONCERNED.ABOUT A BIG COMPANY COMING IN AND POSSIBLY PUTTING THEM OUT OF BUSINESS, MR, JACKSON STATED THAT HE CHECKED WITH THE STATE, AND OFFICERS -OF WASTE WATER MANAGEMENT ARE OFFICERS OF HARRIS SANITATION, EXCEPT MR, HARRIS. HE QUESTIONED'MHY, IF THEY ARE GETTING $5.00 FOR PICKING UP GARBAGE IN BREVARD COUNTY, WOULD THEY WANT TO COME TO INDIAN RIVER COUNTY FOR $3.25? "THEY WANT TO TAKE OVER THE COUNTY." UNDER SECTION 17 OF THE FRANCHISE CONTRACT, IT STATES THAT,. AN APPLICATION FOR A FRANCHISE SHALL NOT BE APPROVED IF THE CURRENT FRANCHISE HOLDERS ARE CAPABLE OF -49- AUG 2 01975 B00 23 PAGE25E PROVIDING SERVICES, AND MR. JACKSON STATED THAT RURAL SANITATION DOES AGREE AND CAN PROVIDE THE NECESSARY SERVICE. THEY DO NOT WANT A LARGE 4 CORPORATION PUTTING THEMOUT OF BUSINESS, "YOU DO NOT GET INVOLVED IN TRUST SUITS UNLESS YOU ARE PUTTING SOMEONE ELSE OUT OF BUSINESS, AND YOU DO' NOT HAVE YOUR PEOPLE INDICTED IF IT IS A SOUND BUSINESS, THE PRESENT INDICTMENTS SHOULD TELL YOU SOMETHING." ALFONSO CLIETT, OWNER OF A FRANCHISE IN THE GIFFORD AREA, AP- PEARED AND INFORMED THE BOARD HOW HE STARTED THIS SERVICE IN THE GIFFORD AREA. HE CONTINUED THAT THROUGHOUT THE YEARS THE OTHER TWO FRANCHISE HOLDERS IN THE UNINCORPORATED PART OF THE COUNTY HAVE WORKED IN HARMONY, HE IS OPPOSED TO HAVING A MULTI-MILLION DOLLAR COMPANY COMING IN AND TAKING OVER, HE LOVES HIS WORK; HE WORKS STRICTLY BY HIS FRANCHISE; AND HE WOULD LIKE TO CONTINUE TO MAINTAIN IT, HE IS OPPOSED TO SOMEONE COMING INTO THE COUNTY AND TAKING OVER THIS FRANCHISE, To HAVE A NEIGHBOR COME IN AND WORK WITH THEM IS GOOD, BUT HE WORRIES IF BIG BUSINESS MOVES IN, THEY WILL TELL HIM HE HAS TO MOVE DOWN THE ROAD. THE COUNTY ADMINISTRATOR AND CHAIRMAN LOY BOTH STATED THAT THEY HAVE NEVER RECEIVED A COMPLAINT ABOUT MR, CLIETT'S SERVICE AND HAVE HAD PEOPLE COMMENT ON THE GOOD JOB HE IS DOING. MR, NEILL STATED THAT REGARDING THE RATES CHARGED IN BREVARD COUNTY, SOME PICK-UPS ARE IN THE BASEMENT AND THEY CHARGE A LITTLE MORE DEPENDING ON WHERE THEY HAVE TO PICK UP. MR. NEILL STATED THAT HARRIS SANITATION HAS BEEN IN BUSINESS MANY YEARS, AND HE KNOWS OF NO COMPLAINTS AGAINST THEM, CHAIRMAN LOY STATED THAT SHE CANNOT FIGURE OUT WHY HARRIS "SANITATION WOULD WANT TO COME TO INDIAN RIVER COUNTY FOR $3.25, MR. HARRIS STATED THAT, AT THIS TIME, HE DOES NOT KNOW IF IT IS FEASIBLE, BUT HE FEELS THERE IS A GROWTH POTENTIAL HERE AND IT SHOULD BECOME FEASIBLE, COMMISSIONER WODTKE STATED THAT THE FRANCHISE HOLDERS IN INDIAN RIVER COUNTY ARE MAKING A LIVING AT $3.25, BUT YOU ARE CHARGING $4.50 TO $5,00 IN BREVARD COUNTY, AND HE COULD NOT UNDERSTAND HOW THEY COULD SUB- STANTIATE THOSE RATES AND THEN COME HERE FOR $3.25. MR. NEILL STATED THAT UNDER THE FRANCHISE THAT IS PROPOSED, THIS BOARD HAS COMPLETE AUTONOMY TO PROTECT THE RESIDENTS OF INDIAN RIVER COUNTY. -50- AUG 2 01975 2Tf`EGE t COMMISSIONER SIEBERT STATED THAT HE HAS NO DOUBT ABOUT HARRIS SANITATION PROVIDING SERVICE, BUT AS LONG AS THERE IS A PROBLEM WITH WASTE WATER MANAGEMENT, HE QUESTIONED WHETHER OR NOT THE BOARD WANTS TO GET INVOLVED WITH WASTE WATER MANAGEMENT,. WE ARE SITTING HERE TRYING TO GET THE BEST SERVICE FOR INDIAN RIVER COUNTY. i,EXT YEAR MR, HARRIS' CONTRACT WITH WASTE WATER MANAGEMENT RUNS OUT, AND WE MAY FIND OURSELVES WORKING WITH WASTE WATER MANAGEMENT, MR, HARRIS STATED THAT ALL THE EQUIPMENT BELONGS TO WASTE WATER MANAGEMENTS HE IS PRESIDENT OF HARRIS SANITATION, BUT HARRIS SANITATION IS OWNED BY WASTE WATER MANAGEMENT, CHAIRMAN LOY STATED THAT THE BOARD IS NOT ONLY CHARGED WITH GETTING THE BEST SERVICE, BUT ALSO PROTECTING THE INTEREST OF THE PEOPLE IN THE COMMUNITY, AT THIS POINT SHE IS NOT CONVINCED THAT THE BEST IN- TERESTS OF THIS COUNTY WILL BE SERVED BY MAKING AN AGREEMENT WITH A COMPANY THAT WE KNOW AS WASTE WATER MANAGEMENT, IT IS A LARGE COMPANY AND LOCATED OUT OF THIS AREA, SHE IS NOT CONVINCED THAT THIS IS THE SERVICE THAT NEEDS TO BE BROUGHT INTO OUR COUNTY AT THIS TIME. COMMISSIONER WODTKE STATED THAT WE ALSO HAVE AN OBLIGATION TO EXISTING FRANCHISE HOLDERS, THEY ARE ABLE TO PROVIDE THE SERVICES THAT ARE NEEDED AND ARE AVAILABLE AT THE RATE OF $3,25 COMPARED TO THE RATES BEING PAID BY SURROUNDING COUNTIES, AND HE HOPES WE CAN KEEP IT AT THAT LEVEL, HE EXPRESSED CONCERN ABOUT WASTE WATER MANAGEMENT AND WAS NOT IN FAVOR OF THE COUNTY GETTING INVOLVED WITH THIS COMPANY. SINCE WE HAVE PEOPLE IN OUR COUNTY THAT ARE IN THIS BUSINESS AND CAPABLE OF PRO- VIDING A SERVICE THAT COSTS LESS THAN SURROUNDING AREAS, HE DOES NOT SEE THE NEED OF A LARGE COMPANY COMING IN, COMMISSIONER SIEBERT STATED THAT HE TOO WOULD LIKE TO SEE THE RATES REMAIN AT THE LEVEL THEY ARE TODAY, HE SUGGESTED SITTING DOWN AND REVIEWING THE FRANCHISE CONTRACT MORE CRITICALLY TO SEE IF THERE IS SOME WAY WE CAN UPGRADE THE SYSTEM AND UPGRADE THE RATES, IT IS DIFFICULT FOR A SMALL OPERATOR TO COMPETE, AND POSSIBLY WE SHOULD MAKE PROVISIONS IN THE RATE STRUCTURE WITH MONEY GOING BACK TO THE SMALL OPERATOR TO IMPROVE THE SERVICES. -51- ,AUG'2 01975 BOA 23 PAcF2 O COMMISSIONER WODTKE ASKED IF THE BOARD HAS CONTROL OVER COMMERCIAL RATES CHARGED BY THE EXISTING FRANCHISE HOLDERS, ATTORNEY .JACKSO'N STATED THAT THE BOARD HAS NO CONTROL; THAT IT HAS BEEN LEFT UP TO THE INDIVIDUAL OPERATORS, A MOTION WAS MADE BY COMMISSIONER MASSEY, SECONDED BY COMMIS— SIONER WODTKE, THAT THE REQUEST FOR A SANITATION FRANCHISE BY HARRIS SANITATION BE DENIED. FOR THE FOLLOWING REASONS: I. HARRIS SANITATION IS A NAME ONLY COMPANY AND IS ACTUALLY OWNED BY WASTE WATER MANAGEMENT COMPANY, 2. THAT THIS IS NOT THE TIME FOR ANOTHER FRANCHISE HOLDER TO COME INTO THIS COUNTY. COMMISSIONER SIEBERT STATED THAT THIS IS NO REFLECTION ON MR, HARRIS AND WHAT HE PRESENTED TODAY, HIS SERVICES ARE VERY GOOD, BUT FOR THE REASONS HE HAS HEARD, HE WOULD HAVE TO OPPOSE THIS APPLICATION, THE CHAIRMAN CALLED FOR THE MOTION, THE BOARD VOTED UNANI— MOUSLY AND THE MOTION WAS CARRIED, THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING HOTICE 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 �-Q In the matter of s/ia. in the Court, was pub- Iished in said newspaper in the issues of Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication In the said newspaper. Sworn to and subscribed before me this (SEAL) AUG 201975 da f.-- ---- / - - A.D. / .9 7) (Business 'anger) (perk of the t Court,Indian var Coda) } - 52 NOTICE NOTICE IS HEREBY GIVEN that the Zoning Commission of Indian River County, Florida, has. tentatively approved the following changes and additions to the Zoning Ordinance of Indian. River County, Florida, which changes and additions are substantially as follows: 1. That the Zoining Map be changed in order that the following described property, situated in Indian River County, Florida, to -- wit: All of Lots 11, 12, 13, 14, 15, 16, 17 and 18, Block 11. WEONA PARK SUBDIVISION, which Iles East of East Right of Way line of the New U.S. Highway No. 1, according to Wet filed in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 2, page 17. Sublectto easements, rights of way end reservations of record. Be changed from C.1A Restricted Commercial District, to C-1 Commercial District. A public hearing in relation thereto at which parties in interest and citizens shell 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, July 24, 1975, at 7:30 P.M., after which a public hearing In halation 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. August 20, 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 JYIy 3, 1975. Bong : 3 P* E26 HIRAM PLANNING, ATTORNEY REPRESENTING W. R. PRYOR WHO IS RE- QUESTING REZONING OF PROPERTY LOCATED IN WEONA PARK SUBDIVISION, APPEARED AND MADE HIS PRESENTATION'.' ROBERT BERG, ASSISTANT PLANNING DIRECTOR, APPEARED AND IN- FORMED THE BOARD THAT THE PROPERTY IN QUESTION IS LOCATED IN THE AREA OF WABASSn ROAD AND U.S. HIGHWAY 1. HE CONTINUED THAT AT THE ZONING BOARD MEETING THE PLANNING DEPARTMENT DID NOT RECOMMEND APPROVAL BECAUSE IT CONSTITUTES SPOT ZONING, BUT THE ZONING COMMISSION DID RECOMMEND APPROVAL. CHAIRMAN LOY ASKED IF THERE WERE SOME CHANGES IN THE ORIGINAL REZONING REQUEST, ATTORNEY MANNING STATED THAT MR. PRYOR HAS VOLUNTARILY OFFERED TO ERECT A PERMANENT TYPE FENCE ABOUT FOUR FEET HIGH AROUND CERTAIN PERIMETER OF THE PROPERTY. THE ONLY INGRESS AND EGRESS TO THIS PROPERTY WOULD BE FROM POINSETTIA AVENUE. THIS PROPERTY WAS USED AS A USED CAR LOT. MR. BERG STATED THAT THERE WAS A LETTER OF OBJECTION BECAUSE OF THE LAST USE OF THE PROPERTY, THIS AREA IS ZONED C-1A RESTRICTED COMMERCIAL DISTRICT, AND THE PLANNING DEPARTMENT HAS BEEN STUDYING IT AS THE AREA IS RESIDENTIAL IN CHARACTER. IT IS THE PLANNING DEPARTMENT'S RECOMMENDATION TO REDUCE THE COMMERCIAL IN THIS AREA, MR. MANNING STATED THAT THE PROPERTY TO THE EAST IS A NON- CONFORMING MOBILE HOME PARK IN AN ORANGE GROVE. COMMISSIONER SCHMUCKER ASKED HOW THIS AREA IS DESIGNATED ON THE COMPREHENSIVE LAND USE PLAN. MR. BERG STATED THAT IT IS DESIGNATED AS COMMERCIAL, MR. PRYOR APPEARED AND STATED THAT HE IS A LICENSED CAR RENTAL DEALER IN THE STATE OF FLORIDA AND HAS BEEN FOR FOUR YEARS. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO SPEAK, AND DEWEY WALKER, ZONING DIRECTOR, APPEARED AND STATED THAT THEY HAD RECEIVED AN OBJECTION FROM A MRS. MILLER TO THIS TYPE OF BUSINESS AS IT WOULD BE A DISTURBANCE TO HER. THEY OWN THE THIRD LOT TO THE NORTH OF MR. PRYOR'S PROPERTY IN THE NON-CONFORMING MOBILE HOME PARK. MR. WALKER STATED THAT THEY HAVE NOT RECEIVED A LETTER FROM THE MILLERS REGARDING THIS. -53- AUG 2 01975 goo( Z3 IAC[26: AUG 01975 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED THAT THIS REZONING AS REQUESTED BY WALTER R. PRYOR WOULD BE IN CONFORMANCE WITH THE COMPREHENSIVE LAND USE PLAN AND ADOPTED RESOLUTION N0. 75-51. RESOLUTION NO. 75-51 WHEREAS, the Zoning Commission of Indian River County, Florida, did, after public hearing, make its final report re- commending changes and additions to the•Zoning Ordinance of Indian River County, Florida; and, WHEREAS, this Board did publish its notice of said re- commended changes and additions and did, pursuant thereto, hold. a public hearing in relation thereto at which parties in inter- est and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That the Zoning Map be changed in order that the follow- -ling ollow-1ing property owned by Walter R. Pryor, situated in Indian River County, Florida, to -wit: All of Lots 11, 12, 13, 14, 15, 16, 17 and 18, Block 11, WEONA PARK SUBDIVISION, which lies East of East Right of Way line of the New U.S. Highway No. 1, accord- ing to plat filed in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 2, page 17. Subject to easements, rights of way and reservations of record. Be changed from C -1A Restricted Commercial District, to C-1 Commercial District. A11 within the meaning and intent and as set forth and described in said Zoning Regulation. ROI 23 PAGE. 4U6 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 WeekI Vero Beach, Indian River County, Florida COUNTY OF INDIAN. RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of a45064J-1-41.4 54) 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 mall matter at the post office in Vero Beach, in said Indian River County, Florida for a period of. one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this (SEAL) (Clerk of the Circui ourt, Indian River County, Florida) THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. MR. ROBERT BERG, ASSISTANT PLANNING DIRECTOR APPEARED AND STATED THAT THE PLANNING DEPARTMENT HAD NO OBJECTION TO THE REQUEST, BUT THEY DID RECOMMEND TO THE ZONING COMMISSION THAT THE ENTIRE AREA BE TAKEN INTO CONSIDERATION. THIS AREA IS RESIDENTIAL IN CHARACTER AND THE PLANNING DEPARTMENT FEELS THE WHOLE AREA SHOULD BE REZONED RESIDENTIAL. MR. BERG CONTINUED THAT AT THE ZONING COMMISSION'S MEETING THERE WAS AN 01975 - 6001 23 NOE264 NOTICE NOTICE IS HEREBY GIVEN that the Zoning Commission of Indian River County, Florida, has tentatively approved the following changes and additlons 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 tuated In (described pRiver County, Flty, lorida, to -1 wit-. Lot 8, Block 2, Cadenhead 5.0, to the Town of Wabasso, as recorded in Plat Book 5, Page 21, public records of Indian River County, Florida, and ALSO: Beginning at the SW corner of the 5 acre lot sold to E. E. Smith by J. R. Leatherman and wife, recorded in Book QQ, page 86, records of Brevard ' County, and running East along the public road 531h feet; thence North 125 feat; thence West 501h feet; thence South 125 feetto point of beginning; and ALSO: Beginning at a stake in the - middle of the public road 331.3 rods West and 125 feet North of SE corner of NE 1A of SW to of Section 28, Township 31 -South, Range 39 East,running North 79 feet, East 501h feet, South 79 feet, thence West to point of beginning; and ALSO: Beginning at a stake on the South line and 10 feet West of SE corner of NE IA of SW 1/6 of •Section 28. Township 31 -South, Range 39 East; thence North. parallel with East line of above described piece of land 24 rods; thence In a Westerly direction parallel with public shell road 33 1-3 rods; thence South 192 feet; thence East 50rh feet; thence North 192. feet; thence West 501h feet; • and ALSO: Beginning at a point on the South line of the NEUfofSW1/. t•, of Section 28, above described, 33 rods, 15 feet 6 inches West of . SE corner of said NE 1A of.SW lA of said Section 28; from thence due North 200 feet; thence West to the right of way of the FECR a distance of 189 feet; thence in a Southeasterly direction along said r -w to point. due West of point of beginning; thence go East 96 feet to point of beginning, EXCEPT the following: Beginning at a point on the South Ilneof the NE ¼ 01 SW hA of said Section 28,687 feet West 4 .•Of SE corner of said tract; } thence run North 122 feet; thence run West 121 feet 10 • Inches to the East boundary of the right of way of the FECR; thence Southeasterly following said East boundary of the FECR r -w 129 feet 10 inches to the South boundary of said above described tract; thence Easton said South boundary of said tract, 67 feet to point of beginning. SUBJECT to easements end restrictions of record. Be changed from C-1 Com- ' mercial District, to R-1 Single Family District. A public hearing in relation thereto at which parties In, interests 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, July 24, 1975, at 7:30 P.M., atter 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. Floridal fn the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Wed- nesday, August 20, 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 July 3, 1975. OBJECTION FROM A PROPERTY OWNER WHOSE PROPERTY ABUTS THIS PROPERTY, HE STATED THAT IT WOULD DETERIORATE THE VALUE OF HIS PROPERTY, BUT HE WAS NOT PRESENT TODAY, COMMISSIONER SIEBERT STATED THAT HE AGREED WITH THE PLANNING DEPARTMENT'S RECOMMENDATION TO REZONE THIS ENTIRE AREA TO RESIDENTIAL R-1 FROM STATE ROAD 510 TO U.S. 1 TO THE RAILROAD TO 87TH STREET, THE BOARD HAD NO OBJECTION TO THE ZONING COMMISSION REVIEWING THE REZONING OF THIS ENTIRE AREA, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY GRANTED THE REZONING AS REQUESTED BY CHARLES EDWARD SMITH AND CECILIA ANA SMITH FROM C-1 COMMERCIAL DISTRICT TO R-1 SINGLE FAMILY DISTRICT. -56- AUG p 197 6001 25 P*0E 65 AUG 2a 1975 RESOLUTION NO. 75-52 WHEREAS, the Zoning Commission of Indian River County, Florida, did, after public hearing, make its final report recommending changes ,and additions to the Zoning Ordinance of Indian River County, Florida; and, WHEREAS, this Board did publish its notice of said re- commended changes and additions and did, pursuant thereto, hold a public hearing in relation thereto at which parties in inter- est and citizens were heard: Now, therefore, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be changed as follows: 1. That the Zoning Map be changed in order that the =following property owned by Charles Edward Smith and Cecilia Ana Smith, situated in Indian River County, Florida, to -wit: Lot 8, Block 2, Cadenhead S/D, to the Town of Wabasso, as recorded in Plat Book 5, page 21, public records of Indian River County, Florida, and ALSO: Beginning at the SW corner of the 5 acre lot sold to E.E. Smith by J. R. Leatherman and wife, recorded in Book QQ, page 86, records of Brevard County, and running East a- long the public road 53 1/2 feet; thence North 125 feet; thence West 50 1/2 feet; thence South 125 feet to point of beginning; and ALSO: Beginning at a stake in the middle of the public road 33 1/3 rods West and 125 feet North of SE corner of NE 1/4 of SW 1/4 of Section 28, Township 31 -South, Range 39 -East, running North 79 feet, East 50 1/2 feet; South 79 feet; thence West to point of beginning; and.ALSO: Beginning at a stake on the South line and 10 feet West of SE corner of NE 1/4 of SW 1/4 of Section 28, Township 31 -South, Range 39 -East; thence North parallel with East line of above described piece of land 24 rods; thence in a Westerly direction parallel with public shell road 33 1/3 rods; thence South 192 feet; thence East 50 1/2 feet; thence North 192 feet; thence West 50 1/2 feet; and ALSO: Beginning at a point on the South line of the NE 1/4 of SW 1/4 of Section 28, above described, 33 rods, 15 feet 6 inches West of SE corner of said NE 1/4 of SW 1/4 of said Section 28; from thence due North 200 feet; thence West to the right of way of the FECR a distance of 189 feet; thence in a Southeasterly direction along said r/w, to point due West of point of beginning; thence go East 96 feet to point of beginning, EXCEPT the following: Beginning at a point on the South line of the NE 1/4 of SW 1/4 of said Section 28, 687 feet West. of SE corner of ROI 23 YALE2f6 said tract; thence run North 122 feet; thence run West 121 feet 10 inches to the East boundary of the right of way of the FECR; thence Southeasterly following said East boundary of the FECR r/w 129 feet 10 inches to the South boundary of said above described tract; thence East on said South boundary of said tract, 67 feet to point of beginning. . SUBJECT to easements and restrictions of record. - Be changed from C-1 Commercial District, to R-1 Single Family District. All within the meaning and intent an►d as set forth and described in said Zoning Regulation. AUG 201975 BON 2 ►'ACE?: THE COUNTY ADMINISTRATOR INFORMED THE BOARD OF A REQUEST . FROM AN INDIVIDUAL BUILDING A HOME IN CADENHEAD SUBDIVISION WHO WOULD LIKE THE ROAD TO HER HOME OPENED AND MAINTAINED. THE BOARD AGREED TO HOLD THIS IN ABEYANCE UNTIL A LATER DATE. AT THE JULY 23, 1975 MEETING, CLIFF REUTER, REAL ESTATE AGENT REPRESENTING THE OWNERS OF PROPERTY LISTED IN THE FOLLOWING ADVERTISED PUBLIC NOTICE, REQUESTED THAT THIS PUBLIC HEARING BE CONTINUED UNTIL TODAY, VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida -j. t. COUNTY OF INDIAN RIVER:. STATE OF FLORIDA Before the undersigned authority personally appeared .1..1. Schumann, Jr. who on oath • says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being • in the matter of 1n the Court, was pub- Eshed in said newspaper in the issues of Affiant further says that the said Vero Beach Press-Joumai is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered •. es 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. 6 • 1975 w:s . BOOK 23 PAGE 68 • : NOTICE1S HEREBY GIVEN t that the .Zoning Commission of t lndlan River County, Florida, has ,{ tentatively approved the following • changes and additions to the 40#.• Zoning Ordinance of Indian River • !Cota.ty, Florida, which changes ,' and addition are substantially as lbMmes: 1. That the Zoning Map be :5 changed in order that the following is descrIndianibedRiver proCounpertyty, , situatedFlorida, to - in , wit: That part of Tracts 3, 6, and 7, • lying West of 1-95, in Section 36, Township 33 -South, Range rZ 38 -East, according to the last ' , general plat of lands of Indian River Farms Company ac- . r cording to the plat Thereof as a, recorded'in Plat Book 2, page • ..s dCounty, Floridsaid land now of St. Lucie r lying and being fn Indian River i' County, Florida; AND That part of Tracts 4 and 5, • Section 36, Township 33 -South. ?:'• Range 38 -East, hullers River e Farms Company Subdivision IA' as recorded in Plat Book 2, . page 25 of Public Records of L St Lucie County, now lying and being in Indian River 4' Cohabiy, Florida, lying West of h:'• Interstate- 95 Highway and - East of Florida•Power & Light _ k Company Easement as • described in Official Redd ' Book 60. page 395,- Public • "Records of Indian .• _•River.. Canty, Florida; said parcel being more particularly t•-. described as follows: • From the Northeast corner of f'• 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 L' Easterly right-of-way of said .t: Florida Power and• Light- * Company Easement; Thence t. run North 36 degrees 21' 01" t. West along said Easterly f-. right-of-way a distance of f • �il Trect4; Thence run South w' 119 degrees 29' 12" East along . the North tine of said Tract 4 a • ▪ distance of 841.44 feet to the Westrightof-way of 1-95 High- way; Thence run South 24 1. degrees Sir 17" East along said • right-of-way a distance of . 214.00 to the point of curvature C of a curve on said right -of- ,, way; Thence run along said • curved rightof-way, said curve being concave to the Northeast and having a radius .. r- .of5879.58feet and adelta angle of 01 degrees SP 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 Leet to the Southeast ▪ corner of said Tract 4, same :being the Northeast corner of Tract S end point of begin- ning; LESS AND EXCEPTING the . North 30 feet of said Tract 4 ' being canal right-of-way. ,i:. Be changed from A - Agricultural District, to R -1E i� t Country Estate District. • A public hearing in relation thereto at which parties M Interest and citizens shall have an op- portunity to be heard wilt be held by said Zoning Commission M the . iCounty Commission Room, Indian River County Courthouse. Vero " Beech, Florida, Thursday, June " 26,1975, at 7:30 P.M., after which a public hearing in relation thereto . et which parties in interest and citizens shall have an opportunity to be heard, will be held by the • Board of County Commissioners of • y Indian River County, Florida, In I indl n County ve' County Courthouse, f Vitro Beach, Florida, on Wed. , t Maddy, July 23. 1975, at 2:00 P.M, Board '' h - Commissioner,of County .•• : Indian River County 4,y;, ChaByt Almairman Lea Loy • Indian River County ' 1 Zoning Commission Bot Ralph Sudan • 'i y • • • :f by .b i t AUG CLIFF REUTER, REPRESENTING THE PROPERTY OWNERS, APPEARED AND STATED THAT THIS PROPERTY IS LOCATED IN THE AREA WEST OF 1-95 SOUTH OF OSLO ROAD AND THAT THE OWNERS ARE REQUESTING REZONING FROM AGRICULTURE TO R -1E COUNTRY ESTATE DISTRICT, THE OWNERS WOULD LIKE TO MAKE PLANS TO PUT THIS SUBDIVISION ON RECORD, AND TO EVENTUALLY BUILD HOMES FOR THEMSELVES:IN THIS SUBDIVISION, ROBERT BERG, ASSISTANT PLANNING DIRECTOR, STATED THAT THEY HAVE HAD TWO REQUESTS OF RESIDENTIAL CHARACTER IN THIS AREA, AND THE PLANNING DEPARTMENT RAN A SMALL IMPACT ANALYSIS, THE AGRICULTURAL DEPARTMENT RAN A SOIL SURVEY, AND IT STATES THIS AREA COULD HAVE A PROBLEM WITH DRAINAGE AND THAT THIS IS AN ENVIRONMENTALLY SENSITIVE AREA. THE POLICE DEPART- MENT'AND THE FIRE DEPARTMENT WERE ASKED TO COMMENT ON PROTECTION FOR THIS AREA, AND A LETTER WAS RECEIVED FROM SHERIFF JOYCE. tT ISS HIS OPINION THAT THIS COULD PRODUCE DISASTEROUS RESULTS WITH REGARD TO LAW ENFORCEMENT AS BOTH REMOTE SITES AND LIMITED ACCESS WOULD CAUSE A PROBLEM. THE FIRE DEPARTMENT STATED THAT A FIRE STATION SHOULD BE LOCATED CLOSER TO THE AREA - WITHIN FIVE MILES - OR THE FIRE DEPARTMENT WOULD NOT BE ABLE TO SERVE THE AREA IN A PROPER MANNER, MR, RON HUDSON, ONE OF THE OWNERS OF THIS PROPERTY, STATED THAT THE SHERIFF'S DEPARTMENT DOES PATROL THE AREA BECAUSE IT IS IN A CITRUS AREA, THERE ARE SOME VERY EXPENSIVE HOMES IN THE AREA OF 90TH AVENUE, AND THEY ARE GETTING FIRE AND POLICE PROTECTION, MR. HUDSON FURTHER SAID THEY HAVE LOOKED FORWARD TO DEVELOPMENT OF THIS AREA AND HAVE WORKED HARD FOR IT. CHAIRMAN LOY STATED THAT THE BOARD WILL WEIGH THE SHERIFF'S AND THE FIRE DEPARTMENT'S COMMENTS, BUT ANYBODY WHO MAKES THE CHOICE TO LIVE IN A REMOTE AREA KNOWS FULL WELL THAT THE SERVICES ARE NOT THE SAME AS IF THEY LIVED WITHIN THE CITY LIMITS. A MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, TO GRANT THE REZONING OF THIS PROPERTY FROM AGRICUL- 0 1975 TURE TO R -1E AS PRESENTED BY CLIFF REUTER, - 60 - 800I 3 PAGE28 COMMISSIONER SIEBERT STATED THAT, IN HIS OPINION, THERE IS A BIG DIFFERENCE BETWEEN:A SUBDIVISION AND PUTTING A HOUSE ON AGRICUL- TURALLY ZONED LAND, IF YOU ARE PUTTING A SUBDIVISION ON THE OTHER SIDE OF I-95, YOU ARE CREATING URBAN SPRAWL AND HE DOES NOT FEEL IT IS A GOOD SPOT FOR A SUBDIVISION, THE CHAIRMAN CALLED FOR THE MOTION, COMMISSIONER SIEBERT VOTED IN OPPOSITION, THE BOARD APPROVED THE MOTION, AND THE MOTION WAS CARRIED, -61- AUG 2 01975 8OO RESOLUTION NO. 75-53 ' ,,' „ ,. 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 property owned by David Jackson, Jr., Clifford S. Reuter, as Trustee, situated in Indian River County, Florida, to -wit: That part of Tracts 3,'6, and 7, lying West of I-95, in Section 36, Township 33 -South, Range 38 -East, according to the last general plat of lands of Indian River Farms Company according to the plat thereof as recorded in Plat Book 2, page 25, public records of St. Lucie County, Flor- ida; 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 lying 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 Records 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 de- grees 25'48" West along the East line of said Tract 5, a dis- tance of 35.00 feet to the Easterly right-of-way of said Flor- ida Power and Light Company Easement; Thence run North 36 de- grees 21'01" West along said Easterly right-of-way a distance of 1705.11 feet to the North line of said Tract 4; Thence run South 89 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 I-95 Highway; Thence run South 24 degrees 58'17" East a- long 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 of 5879.58 feet and a 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 beginning; LESS AND EXCEPTING the North 30 feet of said Tract 4 being canal right-of-way. AUG• 20 1975 BOOK 2a Ita271. BO. • • Be changed from A -Agricultural District,..to •R1 1E Ct uiitry Estate District. • All within the meaning and intent and as set forth and described in said Zoning Regulation. 01. e,. AUG 2 01975 Boar 23PatE 27 ON MOTION BY COMMISSIONER SIEBERT) SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED ADVERTISING OF A PUBLIC HEARING REGARDING AMENDING ORDINAiCE 74-16 - MINING AND EXCAVATION, REVEREND DIAMOND, THE NEW PASTOR OF ST. PETERS CHURCH, APPEARED REGARDING COUNTY -OWNED PROPERTY KNOWN AS VERO BEACH.BURIAL PARK, THIS IS A 10 ACRE SITE LOCATED OFF NORTH GIFFORD ROAD IN THE AREA OF THE MIDDLE SCHOOLS, . THIS CHURCH GROUP HAS REQUESTED THE BOARD'S APPROVAL TO PURCHASE A'PORTION OF THIS PROPERTY IN ORDER TO BUILD A CHURCH, THIS WAS DIS- CUSSED AT THE MEETING OF AUGUST 6, 1975. REVEREND DIAMOND APPEARED TO INVESTIGATE THE BOARD'S DECISION AT THE AUGUST 6TH MEETING. ATTORNEY COLLINS STATED THAT HE HAS REVIEWED THE RECORDS AND HAS ORDERED A COMPLETE ABSTRACT OF THAT PROPERTY TO DETERMINE OWNERS OF GRAVES. THERE ARE A NUMBER OF GRAVES IN THE AREA, SOME OF THE GRAVES WERE RECORDED, BUT SOME WERE NOT, THE ABSTRACT HAS BEEN ORDERED AS AUTHORIZED BY THE BOARD, REVEREND DIAMOND INFORMED THE BOARD THAT THEY HAVE HAD OTHER PROPERTY OFFERED, BUT THIS COUNTY -OWNED PROPERTY WAS THE MOST IDEAL PROPERTY, IF IT WILL BE A LONG PROCESS TO CLEAR TITLE TO THE PROPERTY, THEY WILL CONSIDER THE OTHER PROPERTY, REVEREND DIAMOND EXPRESSED AN INTEREST IN PURSUING THIS, AND ATTORNEY COLLINS STATED THAT HE WILL KEEP HIM ADVISED OF THEIR PROGRESS. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION OF LOTHAR K. ZERAN --FOR A RENEWAL PERMIT TO CARRY A FIREARM, ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS OF DONALD D. SANDLIN, OBIE LEE SMITH, JIMMIE MACK ARTHUR COLLINS, GLEN S. MILLIMAN) AND WESLEY EARNEST BLACKWELL, FOR PERMITS TO CARRY FIREARMS. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED A BOND OF DEPUTY SHERIFF RALPH JULIAN LINDSEY, AND IT WAS FILED IN THE OFFICE OF•THE CLERK. - 64 AUG 2 0 1975 BOOK 2 Pafg !7 ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER M'1ASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN AN AGREE- MENT WITH THE DIVISION OF,.,HEALTH FOR REIMBURSEMENT OF COUNTY MEDICAL EXAMINER EXPENSES, ON p10TION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED GUT -OF -COUNTY TRAVEL FOR GLADYS VIGLIANO, DIRECTOR OF INDIAN RIVER COUNTY WELFARE DEPARTMENT, TO ATTEND A MEETING OF COUNTY WELFARE EXECUTIVES ON SEPTEMBER 21-23, 1975, IN KISSIMMEE, FLORIDA, ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MMASSEY, THE BOARD UNANIMOUSLY APPROVED BUDGET AMENDMENT FOR THE OPERATION OF THE SHERIFFS OFFICE FOR THE FISCAL YEAR OF OCTOBER 1, 1974, TO SEPTEM- BER 30, 1975, FROM: RESERVE FOR CONTINGENCIES $ 9,700,00 To: EQUIPMENT 9,700.00 ROM: , ESERVE FOR CONTINGENCIES 82,20 0:EXPENSES OTHER THAN SALARIES S, 82,20 9ROM: ALARIES FORj DEP, & OTHERS 4,000.00 0: INTANGIBLE PAYROLL TAXES 4,000,00 0: LALARIES X ENSES OTHERFOREPTTHAN&OTHERS SALARIES ZU,113,18 RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK, THE FOLLOWING: INDIAN RIVER COUNTY WELFARE DEPARTMENT MONTHLY REPORT FOR JULY 1 - JULY 31, 1975, REPORT OF INSPECTION OF COUNTY JAILS AND COUNTY PRISONS - JULY 31, 1975. COMMISSIONER SIEBERT SUGGESTED THAT THE BOARD LOOK INTO THE PROCEDURE USED IN ISSUING PERMITS TO CARRY CONCEALED FIREARMS, ATTORNEY COLLINS WILL WRITE TO THE COUNTY COMMISSIONERS OF PALM BEACH FOR A COPY OF THEIR NEW PROCEDURE BEING USED IN ISSUING PERMITS TO CARRY FIREARMS, - 65 - 6201975 BOOR 23 PAGED COMMISSIONER SCHMUCKER DISCUSSED A REQUEST HE HAD RECEIVED FOR THE COUNTY TO MAINTAIN, A RIGHT-OF-WAY IN J. J. SCHLITT SUBDIVISION WHICH IS KNOWN AS 14TH STREET BETWEEN 6TH AVENUE AND U.S.1, THE COUNTY ADMINISTRATOR STATED THAT THE ONLY PORTION OF 14TH STREET BETWEEN 6TH AVENUE AND U.S.1 HAVING A DEDICATED RIGHT-OF-WAY IS IN THE J. J. SCHLITT SUBDIVISION, COMMISSIONER SIEBERT STATED THAT IT HAS BEEN THE BOARD'S POLICY THAT THE COUNTY DOES NOT MAINTAIN ROADS THAT ARE NOT DEDICATED COUNTY ROADS, WE CANNOT PUT COUNTY EQUIPMENT ON PRIVATE ROADS, ATTORNEY COLLINS STATED THAT HE WOULD NOT RECOMMEND GRADING PROPERTY THE COUNTY DOES NOT OWN, THE COUNTY ADMINISTRATOR STATED THAT THE COUNTY DOES NOT OWN THAT ROAD, BUT SUGGESTED IF THE SAME PROPOSAL WAS MADE TO THE PEOPLE THAT WAS MADE PREVIOUSLY - TO DEDICATE 50 FEET FOR RIGHT-OF-WAY AND BEAR THE COST TO BUILD - THE COUNTY MIGHT CONSIDER BUILDING THE ROAD. COMMISSIONER SCHMUCKER ASKED IF THE COUNTY ADMINISTRATOR COULD INVESTIGATE WHO OWNS THIS ADJOINING PROPERTY, COMMISSIONER SIEBERT INFORMED THE BOARD THAT HE HAS GIVEN CONSIDERATION TO THE PROPOSED PLANNED UNIT DEVELOPMENT ORDINANCE AND FEELS THAT IT WILL NOT HANDLE ALL PROPERTY WITH A 100 FOOT SETBACK ON THE OCEAN AND IN EVIRONMENTALLY SENSITIVE AREAS. HE STATED THAT THE SIZE OF A P.U.D. WOULD NOT TAKE INTO CONSIDERATION THE SIZE OF INDIVIDUAL LOTS. CHAIRMAN LOY QUESTIONED IF THE STATE HAS TAKEN A POSITION REGARDING THE 100 FOOT COASTAL CONSTRUCTION SETBACK LINE. ATTORNEY COLLINS STATED THAT THEY HAVE NOT, COMMISSIONER SIEBERT REPORTED TO THE BOARD THAT HE ATTENDED A MEETING CALLED BY THE CITRUS LEAGUE EXECUTIVE COMMITTEE TO DISCUSS THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS' PROJECT FOR INDIAN RIVER AND BREVARD COUNTIES. JACK MALLOY, EXECUTIVE DIRECTOR WITH THE CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT APPEARED AND MADE HIS PRESENTATION. THIS -66- AUG 2 0197,E 23 fur2,75 MEETING WAS ATTENDED BY MEMBERS OF THE VARIOUS DRAINAGE DISTRICT BOARDS, THE CATTLE ASSOCIATION, AND VARIOUS WATER RESOURCES OFFICIALS. MR, MALLOY STATED THAT IT WOULD BE NECESSARY FOR INDIAN RIVER COUNTY TO STRONGLY SUPPORT ONE OF FOUR DIFFERENT PLANS DISCUSSED. THE PLAN MOST WIDELY ACCEPTED BY THE WATER USERS IN INDIAN RIVER COUNTY WAS THE "APPROVED CORPS PROGRAM," ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AGREED TO REQUEST THE CITY OF VERO BEACH TO SUPPLY THEM WITH A BREAKDOWN OF THE FIGURES FOR RECREATION PROJECTS THEY ARE CURRENTLY FUNDING, COMMISSIONER SIEBERT SUGGESTED THAT AN ADMINISTRATIVE BUDGET FOR THE CHAIRMAN BE INCLUDED IN THIS YEAR'S BUDGET, THE BOARD DIRECTED MR, HOCKMAN TO PUT THIS IN THIS YEAR'S PRO- POSED BUDGET, CHAIRMAN LOY INFORMED THE BOARD THAT THERE WILL BE A JOINT MEETING WITH THE ZONING COMMISSION REGARDING THE PROPOSED PLANNED UNIT DEVELOPMENT - GROWTH POLICY AND IMPLEMENTING OF NEW STATE LAND. PLANNING ACT ON THURSDAY, AUGUST 28, 1975 AT 7:30 O'CLOCK P.M. 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. 4789 4862 INCLUSIVE; ROAD AND BRIDGE FUND No. 2491 - 2512 INCLUSIVE; FINE AND FOR- FEITURE FUND NOS. 939 - 947 INCLUSIVE, 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 5:45 O'CLOCK P.M. ATTEST: ,‘:4"7d0,(41 CLERK CHAIRMAN -67- AUG 2 0.1975 ox 23 pAGE 276