HomeMy WebLinkAbout9/24/1975SEP 2 41975
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SEPTEMBER 24, 1975
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA
ON WEDNESDAY, SEPTEMBER 24, 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; JACK HOCKMAN, FINANCE OFFICER; AND VIRGINIA
HARGREAVES, DEPUTY CLERK, 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 WODTKE LED THE PLEDGE OF ALLEGIANCE TO THE FLAG,
AND PASTOR WILLIAM JENSEN OF OUR SAVIOR LUTHERAN CHURCH GAVE THE IN-
VOCATION,
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 10, 1975. THERE
WERE NONE, AND ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING
OF SEPTEMBER.10, 1975.
THE REQUEST OF SEMINOLE SHORES SUBDIVISION FOR A SECOND EX-
TENSION OF TENTATIVE APPROVAL WAS CONTINUED FROM THE MEETING OF SEPTEM-
BER 10, 1975.
COMMISSIONER SCHMUCKER STATED, AS HE HAD AT THE PREVIOUS
MEETING, THAT HE HAS BEEN CONNECTED WITH THIS SUBDIVISION FOR THE PAST
TWO YEARS AND HAS FILED THE FOLLOWING AFFIDAVIT AS TO HIS CONFLICT OF
INTEREST WITH THE CLERK OF THE CIRCUIT COURT AND, THEREFORE, WILL LEAVE
THE MEETING ROOM FOR THE DURATION OF THE DISCUSSION OF THIS REQUEST.
o {'AGE324
STATE OF FIORIDA
COUNTY OF INDIAN RIVER
SEP 2 4 1975
AFFIDAVIT
•I
1'-7.Before me, the undersigned authority, personally appeared ti
Edwin S. Scbmucker, of 2695 Whippoorwill Lane, Vero Beach, Florida, who says:
1. This affidavit is given pursuant to Florida Statues Chapter -112.313
which provides standards of conduct for officers and employees of state
agencies, counties, cities and other political subdivision, legislators and
legislative employees.
2. That I am a duly elected County Commissioner of Indian River County,
Florida, and that in addition to ray duties as County Commissioner, I am a.
licensed professional engineer in Florida and engage in private practice as
a consulting engineer. -°
3. That I amthe president of TOTAL DEVELOBEET., INC., a Florida
Corporation in good standing which corporation has represented the clients,
Mr. Lowell Lohman and Mr. Irving Silverman, to request for second extension
of tentative approval of Seminole Shores Subdivision, for land described as
follows: The North 330 feet of Government Lot 4, Section 27 lying West of AIA
and the North 330 feet of Government Lot 4, Section 28 all in Township 33 S.,
Range 40 E., all lying and being in Indian River County, Florida, containing
9.18 Acres more or less.
18. The decision for the extenstion of tentative approval for Seminole
Shores Subdivision will be referred to the Board of County Commissioners for
their action on said extension at which time the affiant proposes to abstain
from voting because of the above conflict of interest.
Sworn to and subscribed before me this 7?" day of
(. C4144 -f d
Edwin S. Schmucker
' rl0nJ�I�7lJPr`
,1975 -
NOTARY PUBLIC, STAB of FLORIDA at LARGE
)r commission expires:
• Notary Public, Stafe of Florida et Large
MIr Commission Expires August 15.194
800X 23 Par,E325
SAMUEL A. BLOCK, ATTORNEY REPRESENTING THE OWNERS AND DEVEL-
OPERS OF SEMINOLE SHORES SUBDIVISION, APPEARED AND STATED THAT THEY HAD
GONE BEFORE THE SUBDIVISION REVIEW COMMITTEE AS REQUESTED, AND THERE
WERE A FEW QUESTIONS MOST OF WHICH HAD BEEN RESOLVED IN A REVISED PLAT,
ADMINISTRATOR .JENNINGS REFERRED THE COMMISSIONERS TO HIS MEMO
OF SEPTEMBER 18TH IN REGARD TO THE MEETING HELD BY THE SUBDIVISION REVIEW
COMMITTEE ON THIS MATTER IN WHICH THE FOLLOWING SIX POINTS WERE MADE:
1, PLAT SHOULD SHOW NORTH POINT ARROW AND LOCATION SKETCH,
2. COMPREHENSIVE LAND USE PLAN SHOWS THE EASTERN ONE HALF IN LOW DENSITY
AND THE WESTERN ONE HALF IN AN ENVIRONMENTALLY SENSITIVE AREA,
3. NINETY PERCENT OF THE PROPOSED SUBDIVISION LIES IN THE HURRICANE FLOOD
ZONE WHICH IS THE BASIS OF FEDERAL FLOOD INSURANCE,
4. ALL BUILDING SITES SHOULD HAVE A MINIMUM OF FIVE FOOT ELEVATION ABOVE
M.S.L.
5. ALL SURFACE DRAINAGE SHOULD BE DIRECTED THROUGH HOLDING POND,
6. PROVIDE 12' EASEMENT ABUTTING NORTH AND SOUTH BASELINE,
MR, JENNINGS STATED THAT ALL THESE POINTS WERE TAKEN CARE OF
BY THE REVISED PLAT EXCEPT FOR ITEMS 112 AND #3, AND THERE WAS NO WAY
HE KNEW OF TO RESOLVE THESE ITEMS, AS FAR AS BEING IN THE HURRICANE
FLOOD ZONE, HE DID POINT OUT THAT THE LOTS WERE ELEVATED TO 5' WHICH HAS
BEEN THE PEAK ELEVATION ALONG THE RIVER FOR MANY YEARS,
ATTORNEY BLOCK COMMENTED WITH REGARD TO ITEMS 112 AND #3 THAT
MOST OF THE LAND EAST AND WEST OF THE INDIAN RIVER WOULD BE IN THIS SAME
SITUATION AND ALSO POINTED OUT THAT THE PROJECT WAS THERE BEFORE THE
COMPREHENSIVE LAND USE PLAN, HE FELT THE BOARD WOULD RUN INTO THIS SAME
PROBLEM OF CONFLICT WITH THE LAND USE PLAN TIME AND TIME AGAIN,
1-,
COMMISSIONER SIEBERT STATED THAT HE WAS CONCERNED ABOUT THE
FLOOD ZONE AND WONDERED IF WE MIGHT BE JEOPARDIZING OUR FEDERAL FLOOD
INSURANCE BY ALLOWING A PROJECT IN A FLOOD ZONE.
ADMINISTRATOR .JENNINGS STATED THAT HE HAD TALKED TO TWO ENGIN-
EERS AND TWO LAND SURVEYORS ABOUT THIS, AND THEY DID NOT HAVE ANY ANSWERS.
AFTER FURTHER DISCUSSION, ON MOTION BY COMMISSIONER WODTKE,
SECONDED BY COMMISSIONER MASSEY) THE BOARD UNANIMOUSLY APPROVED A
SECOND EXTENSION OF TENTATIVE APPROVAL FOR SEMINOLE SHORES SUBDIVISION.
COMMISSIONER SCHMUCKER RETURNED TO THE MEETING,
CHAIRMAN LOY ASKED ATTORNEY COLLINS TO REPORT ON THE RESEARCH
HE HAS DONE IN REGARD.TO THE ESTABLISHMENT OF A CHARTER COMMISSION,
ATTORNEY COLLINS SYNOPSIZED WHAT HAS OCCURRED WITH REGARD TO
THE GOVERNMENT STUDY SINCE LAST MARCH, AT THAT TIME COUNTY ATTORNEY
BURCH WROTE A MEMO OUTLINING•BASICALLY THREE MAIN COURSES OF ACTION,
THE GOVERNMENT STUDY COMMITTEE RESEARCHED ALL THREE AND HAVE COME BACK
WITH A REPORT RECOMMENDING THE BOARD ADOPT A RESOLUTION PURSUANT TO
SECTIONS 125.60 THROUGH 125.64 OF THE FLORIDA STATUTES. ATTORNEY COLLINS
THEN REVIEWED THE PROCEDURE THAT WOULD BE FOLLOWED IF SUCH A RESOLUTION
WERE ADOPTED.
ATTORNEY COLLINS CONTINUED THAT THE CHARTER COMMISSION CAN
HAVE MEETINGS AS NECESSARY AND CAN SET UP THEIR OWN RULES AND REGULATIONS,
THEY -WILL BE CONTROLLED BY A MAJORITY, EACH MEETING IS REQUIRED TO BE
OPEN TO THE PUBLIC, THE CHARTER COMMISSION IS NOT ENTITLED TO RECEIVE
ANY COMPENSATION, BUT THEY ARE ENTITLED TO RECEIVE THEIR JUSTIFIABLE
EXPENSES AND TO EMPLOY A STAFF THAT IS DEEMED TO BE REASONABLE AND NECES-
SARY, THE PAYMENT FOR SUCH IS AUTHORIZED BY STATUTE TO COME FROM THE
GENERAL FUND OF THE COUNTY. THE CHARTER COMMITTEE MUST BY A MAJORITY,
VOTE APPROVE THE EXPENSES THEY SUBMIT.
COMMISSIONER SIEBERT ASKED IF THE BOARD WOULD HAVE ANY SAY
OVER THE EXPENSES OF THE CHARTER COMMISSION.
ATTORNEY COLLINS ANSWERED THAT THEY WOULD NOT,
ATTORNEY COLLINS FURTHER REPORTED THAT THE CHARTER COMMISSION
HAS,A MAXIMUM OF 18 MONTHS WITHIN WHICH TO COME BACK WITH A PROPOSED
CHARTER) BUT THE BOARD DOES HAVE THE AUTHORITY TO GRANT EXTENSIONS OF THAT
PERIOD, WHEN THE CHARTER COMMISSION APPROVES A CHARTER, THEY FORWARD
IT TO THE BOARD AND THE BOARD MUST THEN CALL A SPECIAL ELECTION, THE
CHARTER COMMISSION IS DISSOLVED ON ACCEPTANCE OR REJECTION OF THE CHARTER,
COMMISSIONER SIEBERT ASKED IF THERE ARE ANY RESTRICTIONS ON
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MEMBERSHIP IN THE -CHARTER COMMISSION,
SEP 24 197
4 -
BOOK 23 i,AGE3 7
ATTORNEY COLLINS STATED THAT THE ONLY RESTRICTION IS THAT
NEITHER A MEMBER OF THE LEGISLATIVE DELEGATION NOR A MEMBER OF THE
BOARD OF COUNTY COMMISSIONERS CAN SERVE.
COMMISSIONER WODTKE ASKED WHETHER THE BOARD CAN SUGGEST ANY
CHANGES IN THE CHARTER,
ATTORNEY COLLINS REPLIED THAT THE BOARD MUST PASS THE CHARTER
AS SUBMITTED TO THEM ON TO REFERENDUM WITHOUT MAKING ANY CHANGES, THE
TIME TO SUGGEST ANY CHANGES IS WHEN THE CHARTER COMMISSION HOLDS ITS
PUBLIC HEARINGS,
CHAIRMAN LOY DISCUSSED THE NUMBER OF MEMBERS TO BE APPOINTED
TO THE CHARTER STUDY COMMISSION AND SAID SHE FAVORED THE SMALLEST
NUMBER ALLOWED, 11, SHE SUGGESTED THAT EVERYONE APPOINTED TO THE COM-
MISSION SHOULD SERVE AS A CHAIRMAN IN A SPECIFIC AREA AND GET SEVERAL
PEOPLE OF THE COMMUNITY TO WORK WITH THEM, IT THUS WOULD BE CONCEIVABLE
THAT AS MANY AS 50 PEOPLE WOULD BE WORKING WITH THIS COMMISSION.
COMMISSIONER SIEBERT SUGGESTED THAT THE EIGHT MEMBERS OF THE
GOVERNMENT STUDY COMMITTEE THAT ARE STILL COUNTY RESIDENTS BE ASKED TO.
CONTINUE TO SERVE AND THAT EACH MEMBER OF THE BOARD THEN APPOINT ONE
FURTHER MEMBER;
ATTORNEY COLLINS READ A RESOLUTION HE HAD PREPARED ACCEPTING
THE REPORT OF THE GOVERNMENT STUDY COMMITTEE AND DISCHARGING THEM.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 75-55.
-5
SEP 2 41975
8001( 23 AG[328
SEP 2 41975
RESOLUTION NO. 75-55
WHEREAS, the Board of County Commissioners of
Indian River County, Florida on April 9, 1975 adopted
Resolution No. 75-19 formally creating a Government
Study Committee and establishing nine members to serve
on the Committee, and on April 23, 1975, established
Rules of Procedure for operation of the Committee; and
WHEREAS, the said Committee made up of the following
members;
Dan K. Richardson, Chairman
Sherman N. Smith, Jr., Vice Chairman
Lois. Appleby
J. B. Egan, III
John Gould
Larry Hall
Herman Heise
Ronald Hudson
A. Richard Todd
have performed their duties faithfully and returned to the
Board of County Commissioners of Indian River. County, a
Report and Recommendation of their Committee; and
WHEREAS, the Board of County Commissioners of
Indian River County, Florida is grateful for the service
of the Committee Members named above and acknowledges
receipt of its Government Study Report;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
that the Report by the Government Study Committee is
hereby accepted with grateful appreciation for a job
well done. There being no further function for the
Committee to provide, said Committee is hereby dis-
charged from any futher obligation.
atm 23, rAcE323
IT IS FURTHER RESOLVED that the Resolution No.
75-19 is hereby declared to be satisfied.
********************
I HEREBY CERTIFY that the foregoing Resolution was
passed by the Board of County Coimniasioners of Indian
River County, Florida on the .24/ day of � re rc-Prt�
1975.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER CO :4 Y, DA
By
Alma Lee Loy, Cham
Attest: `%�� j 4�,�,Q/
Ralph ris, lerk
SEP 2 41975
8008- 23 PAGE3e30
FURTHER DISCUSSION FOLLOWED IN REGARD TO APPOINTING MEMBERS
TO THE CHARTER STUDY COMMISSION,
f1Ro L. S. "TOMMY" THOMAS, COUNTY COORDINATOR, INFORMED THE
BOARD THAT THERE IS A FEDERAL GRANT AVAILABLE THROUGH THE U. S. CIVIL
SERVICE COMMISSION FOR PART OF THIS STUDY, AND HE WOULD LIKE TO BE
AUTHORIZED TO APPLY FOR AN APPLICATION SO HE CAN STUDY IT AND SEE JUST
WHAT IS INVOLVED.
AFTER SOME DISCUSSION, ON MOTION BY COMMISSIONER SIEBERT,
SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED
AUTHORIZING THE COUNTY COORDINATOR TO MAKE APPLICATION FOR AN APPLICATION
FROM THE U. S. CIVIL SERVICE COMMISSION IN REGARD TO A POSSIBLE GRANT
FOR THE CHARTER STUDY COMMISSION,
THE HOUR OF 9:30 O'CLOCK A.i4. HAVING PASSED, THE DEPUTY CLERK
READ THE FOLLOWING JOTICE 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 .1. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the Court was pub-
lished in said newspaper in the issues of
1/, / 97 .r.
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, Flora
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 ...._L y of A.A. A.D. / 974--
(SEAL)
7$
(Busin6sSr Manager)
(Clerk of tI Circuit Court, Indian River County, Florida)
(SEAQ
-8-
SEP 2t 1V5
•
NOTICE
NOTICE IS HEREBY GIVEN
that the Board of County Com-
- missioners of Indian River County,
Florida, will receive sealed bids to
the hour of 9:30 a.m. Wednesday,
September 24, 1975, for sale to the
County of the following: Equip-
ment, materials and labor
necessary t0 Install water tank,
body, plumbing, pump and
pumpshaft on one 1975 Ford Model
F600 4 -wheel drive truck chassis
for fire truck.
INSTRUCTIONS TO BIDDERS,
specifications and bidding forms
are available at the office of the
County Administrator, Room 115,
Indian River County Court House,
Vero Beach, Florida 32960, or will
be mailed upon request.
Board of County
Commissioner
Indian River County
Florida
By: Alma Lee Loy
Chairman
Sept. 7, 11, 1975.
Rook 23 pA:,[331
THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE
WITH THE NOTICE, AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED
AND READ:
TURNER MACHINE & SUPPLY, FORT PIERCE, FLA. $7,950.90
EAGLE FIRE TRUCKS, INC., BELLE VIEW, FLA. $11,765.90
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED
TO THE ADMINISTRATOR FOR EVALUATIOII.
THE FOLLOWING LETTER WAS RECEIVED FROM RICHARD L. SMITH AND
MAGDALENA SMITH REQUESTING ABANDONMENT OF EASEMENT, LOTS 9 AND 10, KING'S
MUSIC LAND SUBDIVISION:
658 - 5th Street S. W.
Vero Beach, Florida 32960
September 5, 1975
Board of County Commissioners
County of Indian River
Vero Beach, Florida 32960
Re: Request for Abandonment of Easement -
Lots 9 and 10, King's Music Land Subdivision,
Recorded in Plat Book 6, Page 17, Public
Records of Indian River County, Florida
Dear Madam and Gentlemen:
We are holding a contract for sale on the above property and our customer
desires to have a residence constructed on the center of both lots. Survey
indicates there is a three foot easement on the south side of Lot 9 and
another three foot easement on the north side of Lot 10 with drainage right-
of-way to the north side of Lot 9. There is also indicated a drainage and
utility easement to the rear of both lots.
In order that we may properly satisfy our customer, we ask your consi-
-- Aeration in abandoning the easement between Lots 9 and 10, thereby
allowing our buyer to situate the house in the center of the two lots.
Enclosed is copy of the subdivision plat, survey, and copy of the proposed
plot plan.
Your cooperation and courtesies extended are sincerely appreciated.
Very truly yours,
grdi
th
Magdalena Smith
7ft'7Q1,:k. c ti'j
S:1
Encls.
SEP 2.41975
-9-
BOOK 23 F'AGE332
THE SMITHS WERE NOT PRESENT, AND ADMINISTRATOR JENNINGS
STATED THAT HE HAD CHECKED; THAT THESE WERE SIDE LOT EASEMENTS AND
THERE IS NO DRAINAGE SWALE INVOLVED OR ANYTHING THAT WOULD HAVE TO BE
MOVED,
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE ABANDONMENT OF EASEMENT,
LOTS 9 AND 10, KING'S MUSIC LAND SUBDIVISION, SUBJECT TO THE APPROVAL
OF SUCH DOCUMENT BY THE COUNTY ATTORNEY.
ADMINISTRATOR JENNINGS STATED THAT IN REGARD TO WALLACE
JEFFERSON'S REQUEST FOR AN EXCEPTION FROM ORDINANCE NO. 75-3, THIS IS
JUST A ROUTINE EXCEPTION. SIR. JEFFERSON HAS OWNED THREE LOTS IN WHITFIELD
SUBDIVISION SINCE JULY OF 1972. THIS IS AN UNRECORDED SUBDIVISION WITH
PRIVATE ROADS, MR. JEFFERSON WANTS TO BUILD ON A 65' LOT AND ADD PART
OF ANOTHER LOT TO IT TO MAKE IT LARGER.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED GRANTING AN EXCEPTION FROM
ORDINANCE 75-3 TO WALLACE JEFFERSON ON LOTS 11, 12, AND 13 OF BLOCK J,
WHITFIELD SUBDIVISION.
ADMINISTRATOR JENNINGS REPORTED ON HIS MEETING WITH THE MINING
REVIEW COMMITTEE ON SEPTEMBER 17TH. HE STATED HE FELT THEY HAD MADE
SOME REAL PROGRESS, BUT THERE WAS A FURTHER POINT THEY STILL WANTED TQ
DISCUSS WITH THE LAND FILL TRUCKERS. WHEN THEY HAVE A FINAL REPORT,
IT WILL GO BACK TO THE ZONING COMMISSION BEFORE COMING BACK TO THE BOARD,
ATTORNEY COLLINS REMINDED THE BOARD OF THE OCTOBER 1ST DEAD-
LINE FOR OBTAINING OF MINING PERMITS AND INFORMED THEM THAT THIS IS IN
ORDINANCE FORM, AND TO AMEND AN ORDINANCE, THE BOARD MUST DECLARE AN
EMERGENCY EXISTS AND AN EMERGENCY ORDINANCE MUST BE PASSED.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY DECLARED THAT AN EMERGENCY DOES EXIST
AS IT IS NECESSARY TO EXTEND THE FILING DATE FOR OBTAINING MINING PERMITS
FROM SEPTEMBER 29, 1975 TO NOVEMBER 29, 1975 IN ORDER TO ALLOW ADDI-
TIONAL REVISIONS OF INDIAN RIVER COUNTY ORDINANCE No. 74-16, AND THEY
HEREBY WAIVE THE OFFICIAL NOTIFICATION OF SAME.
-10-
SEP 2.41975
hi.__
BOOK 23 f•AGE333
ON MOTION BY COMMISSIONER MASSEY) SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY ADOPTED EMERGENCY ORDINANCE 10, 75-5
AMENDING ORDINANCE No, 74-16 AND AGREED TO DIRECT THE COUNTY ADMINIS-
TRATOR TO SEND A COPY OF ORDINANCE No, 75-5 TO ALL MINING OPERATORS IN
THE COUNTY,
INDIAN RIVER COUNTY ORDINANCE NO. 75-5
AN EMERGENCY ORDINANCE RELATING TO MINING
AND EXCAVATION, AMENDING INDIAN RIVER
COUNTY ORDINANCE NO. 74-16, FILING DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA That Indian River County
Ordinance No. 74-16, Section 13, is hereby amended as
follows:
Section 13 is hereby amended by deleting said
paragraph and substituting the following:
w (13) Effect of Failure to File Annual Progress
Report
The Operator holding a valid Operating Permit shall
file, on or before November 29, of each year, a written
report, with the Zoning Commission, reviewing the re-
clamation progress for the preceeding calendar year and
identifying lands expected to be mined and lands planned
for reclamation during the current year.
THIS ORDINANCE SHALL TAKE EFFECT ON September 24,
1975.
-11-
SEP 241975
oOK 23 PAcE334
DANA HOWARD OF CARTER ASSOCIATES, INC., APPEARED REPRESENTING
MR. JIM MEADE AND EXPLAINED THAT A PLAT OF BANYAN ACRES HAD BEEN
APPROVED BY THE BOARD AS A ONE -ACRES SUBDIVISION ON OCTOBER 23, 1974.
THIS PLAT, HOWEVER, HAS NEVER BEEN RECORDED, AND THEY ARE NOW REQUESTING
THE BOARD TO RECONSIDER THIS PLAT AS REVISED TO ONE-HALF ACRE LOTS.
ATTORNEY COLLINS STATED THAT THE PLAT WAS FINALIZED WHEN
APPROVED BY THE BOARD AND WHETHER IT WAS RECORDED OR NOT DIDN'T HAVE
ANYTHING TO DO WITH IT. IT WAS HIS OPINION THAT SINCE THERE WAS FORMAL
ACTION BY THE BOARD TO ACCEPT THIS PROPERTY, THIS PLAT MUST BE VACATED
BEFORE DOING ANYTHING ELSE,
CHAIRMAN LAY ASKED IF THIS WERE VACATED, WOULDN'T THEY HAVE
TO START ALL OVER AGAIN WITH TENTATIVE APPROVAL?
ADMINISTRATOR JENNINGS SAID THAT IT WOULD CALL FOR A COMPLETE
NEW PLAT WHICH WILL REQUIRE PAVING OF THE ROAD IN ACCORDANCE WITH CURRENT
SUBDIVISION REGULATIONS.
IT WAS GENERALLY FELT THIS WOULD HAVE TO GO BACK TO THE SUBDI-
VISION REVIEW COMMITTEE AND WAS POINTED OUT THAT ONCE A PLAT IS APPROVED,
IT CAN BE RECORDED AT ANY TIME,
MR, HOWARD STATED THAT THE HEALTH DEPARTMENT WILL NOT ALLOW
REPLATTING FROM ONE TO HALF ACRE LOTS. HE ALSO SAID THAT SINCE THEY
ALREADY HAD FINAL APPROVAL ON THE ORIGINAL PLAT, THEY WOULD LIKE TO SKIP
GOING THROUGH THE TENTATIVE APPROVAL PHASE AGAIN, IF POSSIBLE,
COMMISSIONER SCHMUCKER STATED THAT IT MIGHT BE WISE FOR
MR, HOWARD TO TAKE THE NEW PLAT BEFORE THE SUBDIVISION REVIEW COMMITTEE
BEFORE VACATING THE OLD PLAT.
MR, HOWARD SAID THAT HE WILL MAKE A NEW PLAT AND TAKE IT
BEFORE THE SUBDIVISION REVIEW COMMITTEE IN ITS FINAL FORM.
THE ADMINISTRATOR INFORMED THE BOARD THAT HE HAD RECEIVED A
LETTER FROM THE SUPERINTENDENT OF THE INDIAN RIVER COUNTY SCHOOL BOARD
IN REGARD TO MOBILE COMMUNICATIONS FOR THE SCHOOL BUSES AS FOLLOWS:
-12-
SEP 2 41975
800k 23 eAGE335
WARREN T. ZEUCH. JR.
CHAIRMAN
THOMAS R. JONES
VICE CHAIRMAN
JOE N. IDLETTE, JR.
LOIS KRAMER
DOROTHY A. TALBERT
September 9, 1975
INDIAN RIVER COUNTY SCHOOL BOARD
POST OFFICE BOX 2648
VERO BEACH, FLORIDA - 32960
Miss Alma Lee Loy, Chairman
Indian River County Commissioners
Courthouse
Vero Beach, Florida
WILLIAM H. McCLURE
SUPERINTENDENT
AREA CODE 306
867.7186
Dear Miss Loy:
The Pilot Club of Indian River County has undertaken a project of providing
mobile communications for the Indian River County School Board buses. A
committee composed of Mrs. Norma O'Connor of the Pilot Club, Sheriff Sam T.
Joyce, Mrs. Kenyon Fish, Supervisor of. Transportation, and Mr. Tom Valentine,
Director of Maintenance, Operations and Transportation, has been working along
with technicians to implement the project. The project is now at a point where
the School Board is ready for the eight (8) to ten (10) phased out mobile units
which will be donated to the School Board by the Sheriff's Department and
approval is requested from the Commissioners for installation of the School
Board's approved transmitting antenna to the radio tower at the County Jail.
The School Board discussed the status of the project at the meeting of
September 8th and directed the Superintendent to request the phased out mobile
units and permission to utilize the radio antenna at the County Jail.
Your cooperation in this matter will be greatly appreciated.
Yours very truly,
e
William H. McClure
Superintendent
WHM/gm
cc: Sheriff Sam T. Joyce
Mrs. Norma O'Connor
Mrs. Kenyon Fish
Mr. Tom Valentine
SEP 2 4 1975
/047* /010•0%/`"/"..7 - a. Coke "", '
Boox 23 eAcf33d
THE ADMINISTRATOR STATED THAT HE FEELS THIS IS A WORTHWHILE
PROJECT. THE SHERIFF HAS EIGHT OR TEN PHASED -OUT MOBILE COMMUNICATION
UNITS, AND HE WOULD LIKE TO GIVE PRECEDENCE TO THE SCHOOL BOARD TO USE
THEM ON THE SCHOOL BUSES, IF THERE ARE ANY LEFT, THE ROAD AND BRIDGE
DEPARTMENT WILL TAKE THEM.
ON MOTION.BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
MASSEY, THE BOARD UNANIMOUSLY APPROVED THE REQUEST OF THE INDIAN RIVER
COUNTY SCHOOL BOARD TO INSTALL THE SCHOOL BOARD'S APPROVED TRANSMITTING
ANTENNA TO THE RADIO TOWER AT THE COUNTY .JAIL AND TO REQUEST THE PHASED -
OUT UNITS AS PER THEIR LETTER OF SEPTEMBER 9, 1975.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAD RECEIVED
A LETTER FROM ANOTHER ORGANIZATION WISHING TO BID ON CUSTODIAL SERVICES.
THE PRESENT CONTRACT WITH COAST TO COAST .JANITORIAL SERVICES, INC.,
BECAME EFFECTIVE ON MAY 1, 1974, AND THE ADMINISTRATOR SUGGESTED RE-
MAINING UNDER THE SAME CONTRACT UNTIL THE END OF THE SECOND YEAR IN
MAY OF 1976 AND THFN ADVERTISING FOR BIDS, AFTER SOME DISCUSSION,
THE BOARD AGREED, AND IT WAS GENERALLY FELT THIS CONTRACT SHOULD BE SET
UP ON A TWO-YEAR BASIS.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE NEEDED
RESOLUTIONS FROM THE BOARD IN REGARD TO THE NORTH GIFFORD ROAD AND
17TH STREET CAUSEWAY RIGHT-OF-WAY, THE MAPS OF SURVEY AND LOCATION
FOR THESE HAVE ALREADY BEEN APPROVED BY THE BOARD AND FILED, AS REQUIRED
BY D.O.T. REGULATIONS,
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
MASSEY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION NO. 75-56 APPROVING
RIGHTS-OF-WAY FOR A PORTION OF SECTION 88512-2601 ON NORTH GIFFORD ROAD
AND AUTHORIZED THE CHAIRMAN'S SIGNATURE TO THE RIGHT-OF-WAY CONTRACT.
-14-
SEP 2419i5
rA GGI 337
SEP 2419,75
Rev. 8-72
Sectior. EC512-2E01
COUNTY COMMISSIONERS RESOLUTION No. 75-56
On motion of Commissioner Wodtke
seconded by Commissioner Massey , the following
resolution was adopted:
WHEREAS, the STATE OF FLORIDA DEPARTMENTGF TRANSPORTATION
has authorized and requested
- r County
to furnish the necessary rights of way, borrow pits and easements
for that portion of Section b j17-ta!sl. e tenr inc, frc- E tate: Pca:,
5 Lasterly along North Gifford Road to a point arnr c,:ci: iately 1177.15
feet East of Indian River Boulevard At 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 Section in said County until title to all
land necessary for said portion of said Section has been conveyed to
or vested in said State by said County, and said lands are physically
cleared of all occupants, tenants, fences, buildings, and/or other
structures and improvements upon or encroaching within the limits of
the land 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 hereby requested 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 Florida Department of General
Services bonds or secondary gasoline tax funds (Article XII, Section
9 (4), of the Florida Constitution, and Section 335.041, Florida
Statutes, as amended), whichever is available, under conditions set
forth in the contract, of which this resolution forms a part;
and be it further
-1-
BOOK 23 A E 338
SEP 2 4 1915
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;
STATE OF FLORIDA
COUNTY OF INDIAN RIVET
I HEREBY CERTIFY that the foregoing is a true and correct
copy of resolution passed by the Board of County Commissioners of
Indian River County, Florida, at a meeting held the
24th day of September , A. D., 1975, and recorded in
the Commissioners minutes.
IN WITNESS WHEREOF, I hereunto set my hand and official
26tseal this h day of September , A. D. 19 750
(SEAL)
-2-
H O 23 FACE 333
Rev. 8-72
Section 88512-2+601
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 24th day of
September , 19 75, by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter called the "Department", and the COUNTY OF 1 :?I, ;:i"�:. ,
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. "i'.one, and the Department has located
and surveyed a part of said Road designated as Section 3:512-2601
and has prepared a Map of Survey and Location covering that portion
of said Section C:12-2 i
fl -on !'tate 7c1,,!.-' 5 rp.rterly alr:na
Lorth Affor.4 :toad tc a point a_.proyiz-etrly 1177.15 feet Fast of
IndiaIndiau River Boulevard at 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 o9,4/ day of
,
A. D., 197`5.-, adopted a resolution, a copy of which is attached here-
-1 -
SEP 2 41975
BOo( 23 PA1E3' ;O
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.
a title
showing
of land
extend,
The County shall forthwith furnish the Department with
search made by a reliable Abstractor or Abstract Company
the present ownership and record description of each parcel
over which said right of way, borrow pits and/or easements
together with all unsatisfied or outstanding recorded liens
or encumbrances,
leases and
tax deeds,
tax
liens
and
or other interests, including possessive interests.
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
tax
cettificates,
Thereupon the
shall be taken or
title, or quality
shall not release
construed as the Department's acceptance of the
of the title, to the land or easements shown, and
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-
SEP 2 4195
nu 23 rAG[34i
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 condemnation proceed-
ings, the County shall make a certificate to the Department stating
-3-
SEP 2 41975
Book 23 ?A E342
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 taz 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, damages, judgments, decrees and any other expenses arising
from or growing out of such claims, injuries, actions or suits.
5. The Department agrees, at the direction of the County,
by resolution attached hereto and made a part hereof, to pay for
items set forth in Paragraph 7 below, either from proceeds of State
of Florida Department of General Services bonds issued for the pur-
pose of construction this project, or from secondary gasoline tax
funds (Article XII, Section 9(4), of the Florida Constitution, and
Section 335.041, Florida Statutes, as amended).
6. The County agrees that its acquisition of said rights
of way, borrow pits and easements shall be conducted under supervision
-4-
SEP 241975
eau - 23 rAf 343
SEP 2 41975
of the Department. Upon receipt of the necessary and proper infor-
mation from the.County, the Department shall prepare requisitions
for payment out of said funds directly to the proper persons for the
items set forth in Paragraph 7.
7. The purchase or condemnation of the lands or interests
required for rights of way, borrow pits and/or drainage easements
for said portion of said Section as aforesaid shall be paid for in
the following manner:
An appraisal shall be prepared of costs and damages
required for the acquisition of the lands and ease-
ments and the clearing of the right of way of all
physical obstructions which shall be approved by
the Department. After the appraisal is thus approved,
expenditures of said funds will be approved for the
following purposes and in the following amounts:
1. Payment of the price for the parcels of land or
easements arrived at either by negotiation or
by awards in condemnation including relocation
assistance as applicable under Department policies
and regulations.
2. The costs of title search and other title infor-
mation up to such amount as may be approved by
the Department.
3. The costs of the appraisal up to such amount as
may be approved by the Department, provided the
appraiser is approved by the Department before
he is employed.
4. The compensation to be paid to the County Attorney,
if applicable, handling the condemnation proceedings
shall be a reasonable fee, as determined by the
County Commissioners and approved by proper resolu-
tion, which shall, in all cases, be subject to
approval by the State of Florida Department of
Transportation.
5. Payment into the Registry of the Court of amount
set out in Order of Taking, if proceedings are
instituted under Chapter 74, Florida Statutes.
The County agrees not to stipulate for or agree
to expenditure of funds from this deposit without
approval of same by the Department, and further
agrees that money so deposited shall be used only
for the payment of awards of compensation to pro-
perty
roperty 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-
MN 23 r17,&344
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
t1_11/ C>411 -42.0.c,
aiLg
Li//
As tpTthe County
SEP 2 4 1975
-6-
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
BY:
Director of Administration
ATTEST:
(SEAL)
Executive Secretary
COUNTY OF I-!1".;- 11V::.R, FLORIDA
BY:
Chairman
ATTEST:"40%71-40,, .4,14.44L, (SEAL)
Clerk o ,tirpait ourt & Ex -
Officio Clerk of the Board of
County Commissioners
link 23 PAGE345
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER.
SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION "J0. 75-57 APPROVING
RIGHTS-OF-WAY FOR A PORTION OF SECTION 88003-2501 ON 17TH STREET
CAUSEWAY AND AUTHORIZED THE CHAIRMAN'S SIGNATURE TO THE RIGHT-OF-WAY
CONTRACT,
-23-
SEP 2 41975
;�
BCO o �A L.340
Rev. 8-72
Eccticn 8430O3-2501
COUNTY COMMISSIONERS RESOLUTION No. 75-57
On motion of Commissioner Massey
seconded by Commissioner Schmucker , the following
resolution was adopted:
WHEREAS, the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
has authorized and requested County
to furnish the necessary rights of way, borrow pits and easements
for that portion of Section` `�� = `i - `rc:. t 4�.'•a;.. :a:;t�:.rly
alc„r� 171..1♦ �.i et Cauz .wa t. J tc: .\C'J .'i -1-A in Vero 1:e...cra,
including 17th. treet Causeway Bridge -over Indian
which has been surveyed and located by the STATE OF FLORIDA DEPART-
MENT OF TRANSPORTATION as shown by a map on file in the Office of
the Clerk of the Circuit Court of said County, and in the office of
the said Department at Tallahassee, and
WHEREAS, the said Department will not begin construction
of said portion of said Section in said County until title to all
land necessary for said portion of said Section has been conveyed to
or vested in said State by said County, and saidlands 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 hereby requested 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 Florida Department of General
Services bonds or secondary gasoline tax funds (Article XII, Section
9 (4), of the Florida Constitution, and Section 335.041, Florida
Statutes, as amended), whichever is available, under conditions set
forth in the contract, of which this resolution forms a part;
and be it further
-1-
SEP 2 41975
eOOK 23 P.A L347
SEP 2 41975
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;
STATE OF FLORIDA
COUNTY OF IP:DIAN RIVtR
I HEREBY CERTIFY that the foregoing is a true and correct
copy of resolution passed by the Board of County Commissioners of
Indian River
24 day of September
the Commissioners minutes.
County, Florida, at a meeting held the
, A. D., 1975 , and recorded in
IN WITNESS WHEREOF, I hereunto set my hand and official
seal this 26 day of September , A. D. 19 75
(SEAL)
Clerk o t Boa d of" County
Commissioners
-2-
fink 23 FACE e348
Rev. 8-72
Section 88003-2501
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 24th day of
September , 19 75, by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter called the "Department", and the COUNTY OF I:i I r RIVER
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. 636 , and the Department has located
and surveyed a part of said Road designated as Section 58003-2501
and has prepared a Map of Survey and Location covering that portion
of said Section. 88003-2501 - from State Roar? 5 Easterly alone 17th
Street Causeway to State Road A -1-A in Vero Beach, including 17th
Strccc+t C' m 1 way tri.igp raver Traci an Rivpr
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 theo),51 day of
A. D., 19 %r adopted a resolution, a copy of which is attached here-
-1 -
SEP 2 41975 1300% 23 r 34J
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
nencumbered title to the land so required as aforesaid for said portion
-2-
SEP 2 41975
80014 23 rAA33O
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 condemnation proceed-
ings, the County shall make a certificate to the Department stating
-3-
SEP 2 41971
Km: 23 f,A 351
SEP 241975
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, damages, judgments, decrees and any other expenses arising
from or growing out of such claims, injuries, actions or suits.
5. The Department agrees, at the direction of the County,
by\resolution attached hereto and made a part hereof, to pay for
items set forth in Paragraph 7 below, either from proceeds of. State
of Florida Department of General Services bonds issued for the pur-
pose of construction this project, or from secondary gasoline tax
funds (Article XII, Section 9(4), of the Florida Constitution, and
Section 335.041, Florida Statutes, as amended).
6. The County agrees that its acquisition of said rights
of way, borrow pits and easements shall be conducted under supervision
-4-
800k 23 f-aq3
SEP 241975
of the Department. Upon receipt of the necessary and proper infor-
mation
nformation 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
nay be approved by the Department, provided the
appraiser is approved by the Department before
he is employed.
4. The compensation to be paid to the County Attorney,
if applicable, handling the condemnation proceedings
shall be a reasonable fee, as determined by the
County Commissioners and approved by proper resolu-
tion, which shall, in all cases, be subject to
approval by the State of Florida Department of
Transportation.
5. Payment into the Registry of the Court of amount
set out in Order of Taking, if proceedings are
instituted under Chapter 74, Florida Statutes.
The County agrees not to stipulate for or agree
to expenditure of funds from this deposit without
approval of same by the Department, and further
agrees that money so deposited shall be used only
for the payment of awards of compensation to pro-
perty owners; and the County further agrees to
reimburse the 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-
BQox 23 Pa,L 353
SEP 241975
the County has caused it to be executed by its Chairman and its
Clerk, and its official seal to be affixed, the day and year first
above written.
Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT OF
in the presence of: TRANSPORTATION
As to the Department
As to he County
-6-
BY:
Director of Administration
ATTEST:
(SEAL)
Executive Secretary
COUNTY OF
BY:
, FLORIDA
ATTEST* 41�il4(SEAL)
Clerk o Ciirtuit Court & Ex -
Officio Clerk of the Board of
County Commissioners
60014 23 plA54
CHAIRMAN LOY INFORMED THOSE PRESENT THAT NEXT ON THE AGENDA
WAS A CONTINUATION OF THE PUBLIC HEARING ON LAUREL HOMES WATER AND
SEWER FRANCHISE WHICH WAS CONTINUED FROM THE SEPTEMBER 10, 1975 MEETING.
RICHARD BOGOSIAN, ATTORNEY REPRESENTING LAUREL HOMES, INC.
AND CUSTOMER SERVICE INC., APPEARED. ATTENDING WITH HIM WERE OFFICIALS
OF THOSE COMPANIES, PETER ROBINSON, VICE PRESIDENT; JOE ROBINSON, VICE
PRESIDENT; AND BOB SHUTS, PROFESSIONAL ENGINEER,
ATTORNEY BOGOSIAN TOOK THE FLOOR AND STATED THAT HE FELT
EVERYTHING HAD GOTTEN OUT OF PERSPECTIVE; THAT SINCE HE HAD TOLD THE
BOARD SOME OF THEIR DREAMS AND HOPES FOR THE FUTURE, IT HAD UNDOUBTEDLY
CONFUSED THINGS. HE EXPLAINED THAT ALL THEY ARE ASKING FOR AT THIS
TIME' IS A 100,000 GALLON A DAY PLANT WHICH WILL BE SUFFICIENT TO SERE
ABOUT 300 HOMES - NOT A PLANT THAT WILL COVER 40 ACRES.
MR. BOGOSIAN CONTINUED THAT THEY CAN ONLY DEVELOP THE FRANCHISE
AREA THAT THE BOARD WILL GIVE THEM. IN ORDER TO BUILD A BIGGER UNIT,
THEY WILL NEED ADDITIONAL FRANCHISE AREA AND WOULD HAVE TO COME BACK TO
THE BOARD. HE POINTED OUT THAT HIS REQUEST TODAY IS VERY LIMITED (NOT
A MILLION GALLON A DAY PLANT) AND IS IN LINE WITH WHAT OTHERS HAVE BEEN
GRANTED TIME AND TIME AGAIN.
ATTORNEY BOGOSIAN FURTHER STATED THAT MR. ROBINSON WILL GIVE
THE COUNTY ANY LINES 6 INCHES AND UNDER IN THE SUBDIVISION; ANY LINES
OUTSIDE THE SUBDIVISION, THE COUNTY WOULD HAVE TO BUY.
JAMES BEINDORF, COUNTY ENGINEER, EXPLAINED THAT FOR ANY OF
THOSE ELEMENTS OUTSIDE OF THE SUBDIVISION THAT COULD BECOME PART OF THE
COUNTY SYSTEM, THE COUNTY WOULD HAVE TO REIMBURSE THE DEVELOPER.
ATTORNEY BOGOSIAN INFORMED THE BOARD THAT THEY ALREADY HAVE
THE PERMIT TO PUT THE PLANT UP AND ARE ONLY ASKING FOR A SMALL FRANCHISE
AREA OF 80 ACRES.
CHAIRMAN LOY ASKED HOW MANY OF THE BASIC SEWER AND WATER
FRANCHISES THAT HAVE BEEN GRANTED BY THE COUNTY HAVE THE ACTUAL LOCATION
OF THE FACILITIES OUTSIDE OF THE SUBDIVISION.
MR. BEINDORF ANSWERED THAT HE KNEW OF ONLY ONE - THE ONE SERV-
ING VERA CRUZ, PEBBLE BAY, AND SOME OTHER CONDOMINIUMS NORTH OF VERO
BEACH ON AIA.
-32-
SEP 2 41975
sow( 23 .1V.,1 355
COMMISSIONER SIEBERT ASKED WHY CAN'T THE PLANT BE LOCATED
WHERE THE SUBDIVISION IS?
PETER ROBINSON STATED THAT F.H.A. AND V.A. REGULATIONS
REQUIRE THAT RESIDENTS MUST BE 399' FROM EXISTING UTILITY SERVICES,
WHICH WOULD EXPLAIN THE LOCATION OF THE PLANT, AND ALSO THEY FELT THIS
IS A MORE SUITABLE LOCATION FOR IT.
COMMISSIONER SIEBERT QUESTIONED THE AFFECT OF SUCH A PLANT
ON THE AVAILABILITY OF WATER, AND MR, BOGOSIAN REPLIED THAT IT WOULD BE
A SMALL PLANT AND WOULD HAVE NO AFFECT NOW. THIS WOULD BE A PROBLEM
FOR THE FUTURE,
MR. BEINDORF STATED THAT WHILE THE BOARD CAN GRANT A FRANCHISE,
THE FLOOD CONTROL DISTRICT GOVERNS PERMITS FOR THE WATER SUPPLY AND WILL
REQUIRE SPECIFIC ENGINEERING DATA BEFORE ISSUING A PERMIT FOR A WELL OF
100,000 GALLONS A DAY AND OVER. HE EXPLAINED THAT A WELL OF THIS SIZE
MEANS ABOUT 100 GALLONS A MINUTE, WHICH IS NOT ACTUALLY A LARGE QUANTITY,
AND IN HIS EXPERIENCE WILL NOT AFFECT PEOPLE IN THE AREA,
COMMISSIONER UODTKE ASKED ATTORNEY COLLINS WHETHER THERE IS
ANY RESTRICTION ABOUT ALLOWING A COMMERCIAL OPERATION SUCH AS THIS IN
RESIDENTIAL ZONING.
ATTORNEY COLLINS ANSWERED THAT ESSENTIAL SERVICES ARE PERMITTED
IN ANY DISTRICT AS REGULATED BY LAW, THE BUILDINGS, HOWEVER, ARE SUBJECT
TO SITE PLAN APPROVAL,
CHAIRMAN LOY ASKED IF ANYONE PRESENT WISHED TO SPEAK IN FAVOR
OF OR AGAINST THIS PROJECT.
.JONNI DEAR, A RESIDENT OF 27TH AVE., TOOK THE FLOOR AND
PRESENTED A PETITION OPPOSING THE SEWER PLANT BEING ERECTED AT 27TH
AVENUE AND REBEL ROAD, WHICH PETITION IS HEREBY MADE PART OF THESE
MINUTES:
-33-
SEP 2 4 19 15
8O J 23 '11q.35
Sept. 1975
Petition, to Court-, rommtpior - Indian River County
We as residents of 27th. Avenue, Indian River Courtyr, and
immediate surrounding area, wish to respectfully present the
following petition to advise you of the fact that we strongly
oppose a sewer plant being erected at 27th. AvAnue and Rebel
Road as proposed by Customer Service,Inc. to serve a housing
develorment to be located on 20th; Avenue. We recognize the need
for a sewer system that may later be merged and operated by the
County but are strongly opposed to the proposed chosen site.
Our feeling is that it should be placed in a location where
there are no existing residences in the immediate area or located
on or near the site it is to presently serve. It. is also our feel-
ing that the erection of a sewer plant at the proposed site can
only serve to devaluate our property, create unpleasant odors,
cause us much inconvenience whiJ.e beim; constructed and offer a
totally unacceptable and unpleasant view to those of us in the
immediate area.
We sincerely hope you will seriously consider these objections
,s-- before rendering any final decision on this matter.
`740.04,c,
SEP 24 1975
ADDRESS
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SEP 2 41975
•
Sept. 1975
Petition to County Commission - Indian River County
We as residents of 27th. Avenue, Indian River County, and
immediate surrounding area, wish to respectfully present the
following petition to advise you of the fact that westrongly
oppose a sewer plant being erected at 27th. Avenue and Rebel
Road as proposed by Customer Service,Inc. to serve a housing
development to be located on 20th. Avenue. We recognize the need
for a sewer system that maylater
to
aerbechosen
merged and
prasite.
,
by the
County but are strongly opposed
Our feeling is that it should be placed in a location where
there are no existing residences in the immediate area or located
on or near the site it is to presently serve. It is also our feel-
ing that the erection of a sewer plant at the proposed site can
only serve to devaluate our property, create unpleasant odors,
cause us much inconvenience while being constructed and offer a
totally unacceptable and unpleasant view to those of us in the
immediate area.
We sincerely hope you
i i liseriousion thio comansider
rthese objections
before rendering any f
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SEP 24 1975
MS. DEAR CONTINUED THAT "SOMETHING CAN'T BE ESSENTIAL IF
IT DOESN'T EXIST." SHE POINTED OUT THAT THIS PLANT WOULD` BE LOCATED
TWO MILES FROM THE PROPOSED SUBDIVISION AND FELT IT WOULD DEVALUATE THEIR
NEIGHBORfHOOD, SHE FELT THAT MR, BOGOSIAaN WAS JUST ASKING FOR "A FOOT
IN THE DOOR" FOR EVENTUAL EXPANSION TO A LARGE OPERATION AND STATED
THAT ALL THOSE SIGNING THE PETITION VEHEMENTLY OBJECTED.
MARGIE HEAD AND CHARLES HEAD, RESIDENT OF 27TH AVENUE, SPOKE
IN OPPOSITION,
BOBBIE BURDICK OF REBEL ROAD ALSO OPPOSED THE PROPOSED .SEWER
PLANT AND EXPRESSED CONCERN ABOUT WHAT DEPTH WELLS WERE PLANNED.
MR. BEINDORF STATED THAT THEY WOULD HAVE S' TO 100' WELLS.
JOHN QUINN OF 27TH AVENUE INQUIRED IF THIS WOULD BE AN ENCLOSED
OR OPEN VAT PROCESS.
MR. BEINDORF ANSWERED THAT IT WOULD BE AN OPEN VAT SYSTEM.
WARREN RICE OF 27TH AVENUE ASKED MR. BOGOSIAN IF HE COULD
GUARANTEE THERE WOULD BE NO ODOR FROM AN OPEN VAT SYSTEM.
MR. BOGOSIAN SAID THAT HE COULD NOT.
CHAIRMAN LOY SAID THAT SHE WISHED TO POINT OUT TO THOSE PRESENT
THAT THE APPLICANTS HAVE BEEN PERFECTLY HONEST. IN THEIR PRESENTATION
AND HAVE TRIED TO TELL US EXACTLY WHAT THEIR FUTURE PLANS WOULD BE.
MR. BOGOSIAN NOTED THAT THERE WAS COMMERCIAL LAND ON 27TH AVE.
AND FELT THIS PROJECT WOULD INCREASE THE VALUE OF COFM1ERCIAL PROPERTY.
COMMISSIONER WODTKE ASKED IF THE LARGER PLANT ENVISIONED IN
THE FUTURE WOULD ALSO BE OPEN VAT,
MR. BEINDORF ANSWERED THAT ALL TREATMENT FACILITIES WOULD BE
OPEN TO THE AIR THE SAME AS_.ALL OTHERS THAT HAVE BEEN APPROVED,
COMMISSIONER WODTKE SAID HE FELT IT WAS UNFORTUNATE THE DEVELOP—
ERS WERE ON SUCH A TIGHT SCHEDULE AS HE WOULD LIKE TO HAVE THE TIME TO
VISIT A PLANT SUCH AS THE ONE EVENTUALLY PLANNED.
MRS. ERNEST SANDBERG OF 27TH AVENUE STATED THAT IN REGARD TO
COMMERCIAL PROPERTY ON 27TH AVENUE, SHE IS THE ONLY ONE WHO HAS EVER
USED IT AS COMMERCIAL PROPERTY; THE REST OF THE AREA IS LOVELY HOMES, AND
SHE POINTED QUT THAT MR. SHIPLEY HAD RECENTLY BEEN PREVENTED FROM PUTTING
A MOBILE HOME PARK IN THIS AREA.
-42-
Bea 23 :'4 ;[.353
WESLEY KNIGHT OF 27TH AVENUE SAID HE REALIZED THAT FOR MORE
PEOPLE, YOU MUST HAVE MORE SEWAGE FACILITIES, BUT FELT THERE MUST BE A
LOT OF THOUGHT BEFORE YOU JUSTPUT A PLANT ANYWHERE "HIT OR MISS,"
DICK BIRD OF REBEL ROAD OBJECTED TO THE PROPOSED SEWER PLANT
AND SAID THAT OBVIOUSLY THE DEVELOPER DID NOT WANT TO USE THE MORE
VALUABLE LAND CLOSER TO TOWN FOR THE PLANT WHEN THEY COULD PUT IT ELSE-
WHERE.
COMMISSIONER SCHMUCKER STATED THAT, SPEAKING AS AN ENGINEER,
HE UNDERSTOOD THE PROBLEMS INVOLVED AND REALIZED THAT NO ONE EVER WANTS
A SEWER PLANT IN THEIR AREA, BUT POINTED OUT THAT THE DAY OF THE INDIVID-
UAL WELLS, SEPTIC TANKS, AND SMALL INDEPENDENT SYSTEMS MAY SOON
BE OVER. EVENTUALLY TUE COUNTY MUST HAVE A CENTRAL SEWER SYSTEM, AND
HE FELT THE DEVELOPERS WERE TRYING TO WORK IN THIS DIRECTION. HE STATED
HE WOULD RATHER SEE A PRIVATE COMPANY BUILD SUCH A PLANT AS THEN YOU
WOULD NOT BE TAXED FOR IT.
CHAIRMAN LOY NOTED THAT WHAT WAS BEING OFFERED TO THIS COUNTY
IN DUE TIME IS GOING TO HAVE TO COME ABOUT, BUT IT IS VERY HARD TO SO
QUICKLY CHANGE DIRECTION. SHE KNOWS THAT IT IS. HARD FOR PEOPLE IN THE -
COMMUNITY TO ACCEPT THE CHANGES THAT ARE GOING TO HAVE TO COME AND IS
SORRY ABOUT THE TIME ELEMENT AS SHE FEELS THE PROPOSAL DESERVES CONSID-
ERATION. SHE STATED THAT SHE KNEW THE PEOPLE BRINGING THE PROPOSAL TO
US HAVE AN EXTREMELY FINE REPUTATION AND HAVE BEEN A CREDIT TO THE
COMMUNITY WHERE THEY HAVE OPERATED PREVIOUSLY, BUT FELT AT THIS TIME SHE
WOULD HAVE TO OPPOSE THE GRANTING OF THIS FRANCHISE.
COMMISSIONER MASSEY SAID HE DEFINITELY FELT WE WOULD NOT WANT
THE GOVERNMENT INVOLVED IN IT, BUT HE ALSO POINTED THAT ALL THESE PEOPLE
ARE ALREADY ESTABLISHED HERE.
COMMISSIONER SIEBERT STATED THAT HE WILL HAVE TO OPPOSE THE
FRANCHISE ON THE BASIS THAT THERE IS PROBABLY A FLAW IN THE ZONING
ORDINANCE THAT ALLOWS THE ESTABLISHMENT OF A WATER AND SEWER PLANT DIS-
JOINTED FROM THE PROPERTY IT IS GOING TO SERVE, EVEN THOUGH IT REQUIRES
SITE PLAN APPROVAL. HE DOES APPROVE THE FUTURE THINKING, BUT FEELS IT
SHOULD BE STARTED IN THE PIECE OF PROPERTY IT IS GOING TO SERVE.
-43-
SEP 241975
tot 23 36d
COMMISSIONER WODTKE STATED THAT HE FELT BASICALLY THE PEOPLE
IN THE AREA IN 13 YEARS WILL PROBABLY HAVE TO HAVE SOME TYPE OF SEWER
SYSTEM, AND IT MAY BE THAT IT WILL EVENTUALLY END UP THERE ANYWAY. !IE
FELT IF°WE HAD COUNTYWIDE PLANS, WE WOULD BE GOING THROUGH THE SAME
THING AGAIN AND WISHED THERE WAS MORE TIME TO STUDY THE SITUATION, BUT
DID FEEL THAT THIS IS PREMATURE AT THIS TIME,
CHAIRMAN LOY ASKED THE APPLICANT IF, ON THE BASIS OF THE
COMMISSIONERS' COMMENTS, HE MIGHT WANT TO WITHDRAW THE REQUEST,
ATTORNEY COLLINS SUGGESTED THAT IF THEY WISHED, THEY COULD
CONTINUE THE PUBLIC HEARING AND COME BACK WITH AN ALTERNATE PROPOSAL,
MR, BOGOSIAN ASKED IF THE BOARD MIGHT CONSIDER A FRANCHISE
ACTUALLY IN THEIR OWN SUBDIVISION,
COMMISSIONER SIEBERT POINTED OUT THAT THEY THEN WOULDN'T NEED
THE OTHER PIECE TO BE IN THE FRANCHISE AREA,
MR, BOGOSIAN STATED THAT THEY COULD AMEND THEIR REQUEST TO
DELETE THE OTHER AREA AND THAT WOULD MAKE IT A TYPICAL REQUEST FOR A
SUBDIVISION THAT THEY OWN,
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO CONTINUE THE PUBLIC (HEARING
ON LAUREL HOMES WATER AND SEWER FRANCHISE AT THE NEXT REGULAR MEETING,
OCTOBER 8, 1975, AT 11 O'CLOCK A.M.
THE BOARD RECESSED AT 12:15 O'CLOCK P.M. AND RECONVENED AT
1:15 O'CLOCK P.M.
THE HOUR OF 1:15 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK
READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT:
•
-44-
SEP 2 41975
ROOD 23 E 367
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-Joumai, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
•
In the Court, was pub-
lished in said newspaper in the issues of
0_ /1, /7-j //97„r
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.
Sworr.to and subscribed before me this _ da
(SEAL)
SEP 24 1975
e
/": V anager)
r�fe.
(Clerk of the Ci cuit Court, Indian River County, Florida)
NOTICE OP NEARING
All interested parties are hereby
notified that the Board of County
Commissioners of Indian River
County, State of Florida, willl hold
a public hearing on SePtember
1975, at 1:15 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 C. Reed Knight Jr.,
proprietor of Indian River
Sanitation Service for a nonex-
clusive garbage and trash service
areas
franchise
Indian River County,
Florida. Rates to be charged are
as follows:
Residential: 53.25 per months
two collections per week.
Commercial or Government:
51.75 per cubic yard per pick-up
plus container maintenance
service fees
2 yard at 512 per month
3 yard at 814 per month
4 yard at 816 per month
6 yard at $18 per month
8 yard at 520 per month.
Parties In interest and citizens
will be heard by the Board at said
public hearing.
Gated this 3rd day of September.
1975.
Board of County
Commissioners
Indian River County
Florida
By: Alma lee Loy
Chairman
'4•12.. 7. 11. 14, 1975.
Co REED KNIGHT, JR„ APPEARED, ACCOMPANIED BY HIS ATTORNEY,
BYRON COOKSEY, AND STATED HE AND HIS ATTORNEY WOULD BE GLAD TO ANSWER
ANY QUESTIONS THE COMMISSIONER MIGHT HAVE,
CHARIMAN Loy ASKED IF THIS IS A ROUTINE FRANCHISE ACCORDING
TO OUR GUIDELINES,
ADMINISTRATOR JENNINGS STATED THAT IT IS, BEING A NON—EXCLUSIVE
FRANCHISE FOR THE UNINCORPORATED AREA OF INDIAN RIVER COUNTY,
COMMISSIONER MASSEY ASKED IF THERE ARE ANY EXCLUSIVE FRANCHISES
IN THE COUNTY,
THE ADMINISTRATOR STATED THERE ARE NOT,
CHAIRMAN LOY ASKED IF THE RATE SCHEDULE PROPOSED IS IDENTICAL
TO OTHERS OPERATING IN THE COUNTY,
-45-
eoox 23 rACE368
MR, KNIGHT STATED THAT IT IS, IT IS $3.25 PER MONTH FOR TWO
COLLECTIONS PER WEEK.IN A RESIDENTIAL AREA, AND FOR COPIMERCIAL OR GOV-
ERNMENT, IT IS $1.75 PER CUBIC YARD PER PICK-UP PLUS CONTAINER MAINTENANCE
SERVICE FEES AS SET OUT IN THE PUBLISHED NOTICE,
CHAIRMAN LOY ASKED WHAT KIND OF EQUIPMENT THEY PLANNED TO USE,
MR, KNIGHT SAID THEY HAVE AN OPTION TO BUY TWO GARWOOD PACKERS
FORD 800 TRUCKS WHICH HAVE BEEN COMPLETELY REBUILT, HE. ALSO STATED THAT
HE HAS A MAINTENANCE SHOP WHERE HE MAINTAINS HIS GROVE EQUIPMENT AND HAS
ONE FULL TIME MECHANIC AND A FULL TIME FOREMAN, PLUS A BOOKKEEPER, A
SECRETARY AND RADIO EQUIPMENT,
CHAIRMAN SCHMUCKER ASKED IF "IR. KNIGHT WAS PLANNING TO HIRE
THE MORRILL BROTHERS WHO LOST THE FRANCHISE,
MR, KNIGHT'REPLIED THAT HE WAS PLANNING TO HIRE FRED MORRILL
TO RUN ONE OF THE TRUCKS, BUT WAS NOT PURCHASING ANY OF THEIR BUSINESS.
CHAIRMAN LOY ASKED, MR, KNIGHT FOR HIS ESTIMATE OF THE NUMBER
OF CUSTOMERS NEEDED TO BREAK EVEN,
MR, KNIGHT ESTIMATED SOMEWHERE AROUND 2,000 PER TRUCK, HE
STATED THAT ANDY'S SANITATION AT THE PRESENT TIME HAS ONLY ABOUT 750.
HOWEVER, WHEN YOU HAVE TWO VEHICLES, YOU DONT NECESSARILY RUN BOTH OF
THEM AS YOU NEED ONE FOR BACK-UP,
CHAIRMAN LOY ASKED .IF HE THOUGHT THERE WERE THAT NUMBER OF
CUSTOMERS AVAILABLE,
MR, KNIGHT STATED THAT RIGHT NOW HE FELT THERE WERE BETWEEN
700 AND 800 HE COULD SERVICE IMMEDIATELY..
DISCUSSION FOLLOWED ON THE TYPE OF EQUIPMENT MR, KNIGHT
WOULD USE TO SERVICE CONTAINERS,
MR, KNIGHT STATED THAT HE WAS PURCHASING SUCH EQUIPMENT FROM
THE CITY OF HOLLYWOOD AND FEELS SURE IT SHOULD MEET ALL SPECIFICATIONS,
COMMISSIONER WODTKE INQUIRED HOW SOON MR, KNIGHT COULD OBTAIN
THE TRUCKS HE HAS AN OPTION ON,
MR, KNIGHT ANSWERED THAT IF HE EXERCISED THE OPTION THIS AFTER-
NOON, HE WOULD HAVE THEM IN HIS POSSESSION IN HOLLYWOOD TOMORROW AND.
WOULD BE ABLE TO BRING THEM TO THE COUNTY INSTANTLY,
-46-
SEP 2 41975
NH' 23 pa,f j
SEP 241915
COMMISSIONER WODTKE ASKED IF MR, KNIGHT HAD BEEN WORKING
WITH ANY OTHER GARBAGE FRANCHISES IN THE COUNTY.
MR. KNIGHT REPLIED THAT HE HAD LEASED TWO PICK-UP TRUCKS TO
ALPHONSO.CLIETT, AND FRED MORRILL AND HIS BROTHER ARE WORKING FOR HIM.
THEY ARE TRYING TO MAINTAIN CUSTOMER SERVICE WHILE THIS IS IN A TRANSI-
TION PERIOD,
CHAIRMAN LOY ASKED IF ANYONE PRESENT WISHED TO SPEAK.
ROBERT FRYER OF RURAL SANITATION SERVICE TOOK THE FLOOR.
.HE INFORMED THE BOARD THAT HIS OWN PRESENT FRANCHISE COVERS ALL OF
INDIAN RIVER COUNTY EXCEPT THAT PART LYING NORTH OF STATE ROAD 510,
BUT STATED THAT HE HAS A FRANCHISE WHICH HE PURCHASED FROM MR. BELL FOR
THAT AREA. HE SAID IT WAS HIS HOPE THAT THE BOARD WOULD GRANT MR. ':NIGHT
A FRANCHISE THE SAME AS THE ONE GRANTED TO HIM EXCLUDING THE AREA NORTH
OF STATE ROAD 510 BECAUSE IF TWO SERVICES OPERATE IN THAT AREA, IT
WOULD BE VERY UNPROFITABLE.
COMMISSIONER SIEBERT POINTED OUT THAT THE FRANCHISE FOR THAT
AREA IS ALSO A NON-EXCLUSIVE ONE,
CHAIRMAN LOY ASKED ALPHONSO CLIETT WHETHER HIS FRANCHISE COVERED
ALL THE UNINCORPORATED AREA OF INDIAN RIVER COUNTY,
MR, CLIETT REPLIED THAT IT COVERED ALL THE UNINCORPORATED AREA
OF THE COUNTY WITH THE EXCEPTION OF THAT PART -NORTH OF STATE ROAD 510..
M R. KNIGHT STATED THAT HE WAS ASKING FOR THE ENTIRE UNINCOR-
PORATED AREA OF THE COUNTY.
MR, CLIETT STATED THAT HE HAS NOT APPLIED FOR AN EXTENSION OF
HIS FRANCHISE, BUT FEELS HE CAN GIVE JUST AS GOOD SERVICE AS MR. FRYER
OR MR, KNIGHT AND MAK'.APPLY FOR AN EXTENSION IN THE FUTURE.
COMMISSIONER SCHMUCKER ASKED NIR. KNIGHT IF HE WOULD OBJECT
TO EXCLUDING THE AREA NORTH OF STATE ROAD 510 FROM HIS FRANCHISE.
MR. KNIGHT STATED THAT HE FELT HE NEEDED THAT AREA , THAT HE
WAS NOT ASKING FOR ANYTHING RURAL SANITATION DIDN'T HAVE. !IE ALSO SAID
HE FEELS THERE SHOULD BE COMPETITION AND NOTED THAT HE WOULDN'T OPERATE
IN AN AREA IF HE HAD TO OPERATE AT A DEFICIT. HE STATED HE WOULD HAVE
NO OBJECTION TO MR, CLIETT APPLYING FOR THAT AREA ALSO,
8OOE
rAGE /J
COMMISSIONER WODTKE STATED THE COUNTY IS GLAD TO HAVE
LOCAL BUSINESSMEN COME IN, BUT HE WOULD LIKE TO BE SURE THERE ARE
ENOUGH CUSTOMERS TO MAKE IT A REASONABLE INVESTMENT FOR ALL,
MR. KNIGHT READ A LETTER FROM THE MANAGER OF FRED COYNE
CHEVROLET COMPANY WHICH STATED THAT THEIR.COMPANY WAS NOT SATISFIED
WITH THE SERVICE THEY ARE PRESENTLY GETTING FROM RURAL SANITATION, IT
ALSO STATED THAT THEY FELT THERE SHOULD NOT BE A MONOPOLY AND THE COUNTY
WOULD BE BETTER SERVED BY HAVING COMPETITION.
MR, KNIGHT ALSO POINTED OUT THAT IF HE IS EXCLUDED FROM THAT
AREA AND COULD NOT SERVICE THE AREA AROUND SEBASTIAN, HE COULDN'T BID
ON SERVICING THE CITY OF SEBASTIAN,
COMMISSIONER MASSEY MADE A MOTION TO ADOPT RESOLUTION N0. 75-63
GRANTING INDIAN RIVER SANITATION SERVICE A FRANCHISE FOR THE UNINCOR-
PORATED AREA OF INDIAN RIVER COUNTY, MOTION WAS SECONDED BY COMMISSIONER
Si•EBERT.
IN FURTHER DISCUSSION, THE COMMISSIONERS AGREED THAT THEY
WERE SORRY ABOUT RURAL SANITATION'S SITUATION, BUT THEY DID FEEL THERE
SHOULD NOT BE A MONOPOLY IN SEBASTIAN,
THE CHAIRMAN CALLED FOR THE MOTION, IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
-48-
SEP 24 1975.
ROOK
�q
PAGE %1
SEP 2 41975
RESOLUTION NO.75-63
BE IT RESOLVED by the Board of County Commissioners of
Indian River County, Florida:
SECTION 1
This Resolution shall be known and may be cited as
"Indian River Sanitation Service Franchise."
SECTION 2
For the purpose of this Resolution, the following
terms, phrases, words and their derivations shall have the meaning
given herein. When not inconsistent with the content, words using
the present tense include the future; words in the plural number
include the singular and vice versa. The word "shall" is always
mandatory.
(a) "County" is Indian River County, a political sub-
division of the State of Florida.
(b) "Company" is the Grantee of rights under this
franchise, that is,
(c) "Board" is the Board of County Commissioners of
the County.
(d) "Person" is any person, firm, partnership,
association, corporation, company or organization of any kind.
(e) "Territory" means the area located in Indian River
County, Florida, outside the corporate limits of any municipality
as the same is more particularly defined and described herein.
(f) "Garbage or Trash Service" shall mean the picking
up of garbage or trash, hauling the same to a dump and incinerator
or any other method of treating garbage or trash.
BOOK
�1\
-2-
SEP 2 41975
(g) "Garbage" shall mean worthless, offensive matter,
offal, refuse, animal or vegetable matter ordinarily from kitchen,
market or store.
(h) "Trash" shall mean any material except garbage
that has been rejected for use and cast away for disposal.
SECTION 3
It is hereby granted by the County to the Company, the
non-exclusive franchise, right and privilege to operate garbage
service and trash service within the prescribed territory as here-
in provided.
SECTION 4
The territory in which this franchise shall be appli-
cable is all that part of Indian River County, State of Florida,
located within
The
the following boundary lines, to -wit:
All of Indian River County except the
incorporated areas of the County.
SECTION 5
Company shall at all times during the life
of this
franchise be subject to all lawful exercise of the police power
and regulatory authority of the County and to such regulation
as the County shall hereafter by resolution provide.
SECTION 6
It is expressly understood and agreed by and between
the Company and the County that the Company shall save the County
and members of the Board harmless from any loss sustained by the
County on account of any suit, judgment, execution, claim or de-
mand whatsoever resulting from negligence on the part of the
company in the operation or maintenance under the terms of this
franchise. The parties agree that in the construction of this
section, the claim of any person resulting from negligence on the
800k- 23 w t 373
-3 -
SEP 241975
part of the Company in the operation or maintenance under the
terms of this franchise. The parties agree that in the construc-
tion of this section, the claim of any person resulting from neg-
ligence on the part of the Company may be prosecuted directly by
such person against the Company as if no governmental immunity
accrued to the County by virtue of the Company's use of a public
place of the County. The County shall notify the Company promptly
after presentation of any claim or demand.
SECTION 7
The Company shall maintain and operate its garbage
service in accordance with the rules and regulations as are or
may be set forth by the Board from time to time. The right is
hereby reserved to the County to adopt, in addition to the pro-
visions herein contained and existing applicable resolutions or
laws, such additional regulations as it shall find necessary in
the exercise of the police power and lawful authority vested in
said County, provided that such regulations shall be'reasonable
and not in conflict with the rights herein granted and not in
conflict with the laws of the State of Florida.
SECTION 8
(a) The Company shall have the authority to promulgate `.
such rules, regulations, terms and conditions coveringthe conduct
of its business as shall be reasonably necessary to enable the
Company to exercise its rights and perform its obligations under
this franchise and to issue an uninterrupted service to each and
all of its consumers; provided, however, that such rules, regu-
lations, terms and conditions shall not be in conflict with the
provisions hereof or with the laws of the State of Florida.
(b) At all times herein where discretionary power is
left with the Board of County Commissioners, said power shall be
exercised in accordance with the provisions of the Utility Act
of Indian River County.
000x- 23
-4 -
SEP 2 41915
SECTION 9
The Company shall not, as to rates and charges, make
or grant any preference or advantage to any person, provided that
nothing herein shall prohibit the establishment of a graduated
scale of charges and classified rate schedules to which any con-
sumer coming within such classification would be entitled.
SECTION 10
The Company shall not sell or transfer its garbage
service to another nor transfer any rights under this franchise
to another without the approval of the Board as set forth in the
Utility Act of Indian River County.
SECTION 11
The rates charged by the Company for its service
hereunder shall be fair and reasonable and designed to meet all
necessary costs of the service, including a fair rate of return
on the net valuation of its properties devoted thereto under
efficient and economical management. The Company agrees that it
shall be subject to all authority now or hereafter possessed by
the County or any other regulatory body having competent juris-
diction to fix just, reasonable and compensatory rates. When
this franchise takes effect, the Company shall have authority to
charge and collect not to exceed the following schedule of rates,
which shall remain effective until changed or modified as herein
provided, to -wit:
Residential: $3.25 per month; two collections
per week.
Commercial or Government: $1.75 per cubic yard
per pick-up plus container maintenance service fees
2 yard @ $12.00 per month
3 yard @ $14.00 per month
4 yard @ $16.00 per month
6 yard @ $18.00 per month
8 yard @ $20.00 per month
Book 23 r4 E 3
SEP 2 4 1976
If any person serviced by the Company under this
franchise complains to the Board concerning the rates, charges
and/or operations of such utility and the Company, after request
is made upon it by the Board, fails to satisfy or remedy such
complaint or objection or fails to satisfy the Board that said
complaint or objection is not proper, the Board may thereupon,
after due notice to such utility, schedule a hearing concerning
such complaint or objection and the Board may review the rates
and charges set and charged by the Company for the services which
it furnishes or the nature and character of the service it fur-
nishes or the quality of services furnished. If the Board enters
its order pursuant to such hearing and the Company feels it is
aggrieved by such order, the Company may seek review of the
Board's action by proceedings in the Circuit Court of the County;
otherwise, the Company shall promptly comply with the order of
the Board.
SECTION 12
The County shall have access at all reasonable hours
to all of the Company's contracts, accounting, financial, statis-
tical, consumer and service records relating to the operation of
the Company and to all other records required to be kept by the
Company, and the Company shall file such accounting reports and
data with the County when required.
SECTION 13
The Company shall at all times maintain public liab-
ility and property damage insurance in such amounts as shall be
required from time to time by the Board in accordance with good
business practices as determined by safe business standards as
established by the Board for the protection of the County and the
general public and for any liability which may result from any
action of the Company.
KM- 23
r,
-6 -
SEP 241975
SECTION 14
Should the Company desire to increase any charges
heretobefore established and approved by the Board, then the
Company shall notify the Board in writing, setting forth the
schedule of rates and charges which it proposes. A public hearing
shall then be held on such request, of which notice shall be given
by publication in a newspaper regularly published in said County
at least one time not more than one month nor less than one week
preceding such hearing. Certified proof of publication of such
notice shall be filed with the Board. Said hearing may thereafter
be continued from time to time as determined by the Board. If
the Board enters order pursuant to such hearing and the Company
or any person feels aggrieved by such order, then the Company or
such person may seek review of the Board's actions by proceedings
in the Circuit Court of the County.
SECTION 15
If the Company fails or refuses to promptly and faith-
fully keep, perform and abide by each and all of the terms and
conditions of this franchise, then the Board shall give the
Company written notice of such deficiencies or defaults and a
reasonable time within which the Company shall remedy the same,
which notice shall specify the deficiency or default. If the
Company fails to remedy such deficiency or default within the
time required by the notice from the Board, the Board may there-
after schedule a hearing concerning the same with reasonable
notice thereof to the Company and after such hearing at which all
interested parties shall be heard, the Board may further limit or
restrict this franchise or may terminate and cancel the same in
whole or in part if proper reasons thereby are found by the Board.
Boaa 23
-7 -
SEP 2 41975
If the Board enters order pursuant to such hearing and the Company
or.any other person feels aggrieved by such order, the utility
or such other person may seek review of the Board's action by
proceedings in the Circuit Court of the County.
SECTION 16
The Company shall have the right to discontinue ser-
vice to any consumer within the above described area in the event
of non-payment of his garbage service bill. The Company agrees
that it will maintain the garbage service as provided herein with
motor vehicles of sufficient size, safety and adaptability for
garbage service as may be required from time to time by the Board.
Equipment used in collecting, hauling and dumping
garbage must be a fully enclosed vehicle of wood or metal with
water -tight bottom sufficient to prevent leakage and with wood
or metal doors to be opened and closed in order that the contents
thereof may not be lost, spilled or blown from the equipment.
SECTION 17
Nothing in this franchise shall be deemed as making it
mandatory for any person to use the garbage service as herein
provided where a proper and/or legal disposition of his garbage'
by other means is made and as long as he abides by sanitation
laws, ordinances, and statutes on the subject.
SECTION 18
The Company, its successors and assigns, shall have
the rights and privileges and power to use the streets, roads and
alleyways,' and passageways of the County of Indian River to col-
lect garbage and trash. All collections of anything shall be
made with the least practical delay and inconvenience to the publit
or individuals.
Book
-8 -
SEP 2 41975
No obstructions may be placed by the Company or its
successors in the streets, sidewalks, alleyways, and passageways
of the County without the consent of the Board.
The Company shall be liable for all injuries and damages
to persons or property occasioned by any other manner of collection
than set out herein or by carelessly obstructing the streets,
highways, sidewalks, alleys, or public places for the aforesaid
purposes.
SECTION 19
The Company shall collect all garbage and trash from
parties availing themselves of the use of the garbage service as
provided herein when such garbage and trash are put in receptacles
designated and these receptacles are placed in the proper places
on properties. Prior to any action of the Board concerning the
designation of receptacles or placement of said receptacles by
the Board, the Company shall have the right to set its regulations
and requirements, which in all cases may be reasonable and just.
It is agreed and understood that fallen trees are not to be con-
sidered trash, but customers of this garbage service and the
holder of the franchise may contract with each other for the re-
moval of trees fallen or otherwise, should they desire, and the
pay for this service will be separate and apart from the rates
charged for the collection of garbage and trash. Wooden boxes,
pasteboard
day to day
cartons, etc., that merchants have and collect from
in routine of business shall be
SECTION 20
The holder of this franchise shall not have the right
of condemnation or of eminent domain.
SECTION 21
The holder of this franchise must comply with all
existing ordinances, statutes and codes and must follow such
procedure of operation as to be sanitary and not to be a nuisance
considered trash.
2a3 3 79
-9-
SEP 2 41975
or discredit to the County. The Company must make collections
as•often as necessary from all parts of the County designated as
set forth in the rate schedule mentioned above and as may be de-
termined by the Board from time to time.
SECTION 22
The Company shall not be allowed the right to extend
the collection service to residences and businesses outside of
the franchise area as described above without prior permission
of the Board.
SECTION 23
The Company shall have the burden and responsibility
of disposing of garbage and waste and trash collected, and the
Company will obey all laws and regulations regarding disposal of
same and willnot make or cause a nuisance. The County may make
uniform charges, fees or taxes to each franchise holder for the
maintenance of a public dumping grounds. The County may make
reasonable rules and regulations providing where, when and how
each franchise holder may dump garbage or trash in the public dump
provided by the County.
SECTION 24
The franchise and rights herein granted shall take
effect and be in force from and after the time of the adoption of
this resolution by the Board and shall continue in force and
effect for a term of thirty (30) years after such adoption.
SECTION 25
If any word, section, clause or part of this resolution
is held invalid, such portion shall be deemed a separate and inde-
pendent part and the same shall not invalidate the remainder.
IN WITNESS WHEREOF, the Board of County Commissioners
of Indian River County, Florida, has caused this franchise to be
executed in the name of the County of Indian River by the Chairman
BOL 23 r µ 380
-10-
SEP 2 4 1975
of the Board of County Commissioners, and its seal to be affixed
and attested by its Clerk, all pursuant to the resolution of the
Board of County Commissioners adopted on the 24th day of
September A. D., 1975.
Signed, sealed and delivered
in the name of:
COUNTY OF INDIAN RIVER,
FLORIDA
BY:
4— AI
t e ;oar.
of County CommissXners
Attest:
-Vg:ety 61.4 re/f)
800k 23 ,.4:;1151.
-11 -
SEP 2 41975
ACCEPTANCE OF FRANCHISE
Indian River Sanitation Service, a sole pro-
prietorship, does hereby accept the foregoing franchise, and for
itself and its successors and assigns, does hereby covenant and
agree to comply with and abide by all of the terms, conditions,
and provisions therein set forth and contained.
DATED at Vero Beach, Indian River County, Florida,
this 3rd day of October , A. D., 1975
Signed, sealed and delivered
in the presence of:4-1
By: eige —2A1;:e4
Proprietor
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER) ss.
I, an officer authorized to take acknowledgments of '
deeds according to the laws of the St to of to da, d ly quali-
fied and acting, hereby certify that ,'
to me personally known, this day acknowledged before' meat they
executed the foregoing Acceptance of Franchise, and that they
affixed thereto their signatures.
IN WITNESS WHEREOF, I have hereunto set my hand and
offi¢ial seal at Ver ch Indian River County, Florida, this
5h -A- day of , A. D., 197,4 .
Notary Pu• ic, State o Florida
at Large. My commission exp:
..,.: •v .. rir:t IAN. a 15i7
800x. 23.P4,,E
THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED,
TO—WIT:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
•
1 A ✓ rct�, r
1r /
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared .1. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
In the matter of
In the Court, was pub-
lished in said newspaper in the issues of
9„ezzi_
3/, /97.r
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
/
Swam to and subscribed before me this 3/f day of � A D.
t�/Y►v�.3t
(Business ger) -
(Clerk of the Ci it Court, Indian River County, Florida)
(SEAL)
NOTICE
NOTICE IS HEREBY GIVEN
that the ing Commission of
Indian River County, Florida, has
'tentatively approved the following
changes and additions to the
Zoning Ordinance of Indian River
County, Florida, which changes
and additions are substantially as
follows:
1. That the Zoning Map be
changed in order that the following
i in
described property.
Indian River County, Florida, to -
wit:
Lots 1, 2, 3, 4, 5, 6, 7.8.9, 10,11,
12 813, Block V as shown on a
plat of "DIXIE HEIGHTS,
UNIT NO. 5": said plat
recorded In the public records
of Indian River County,
Florida in Plat Book 5 at page
8.
Be changed from C•1 Com-
mercial District, to LM.1 Light
Manufacturing District.
A public hearing in relation
thereto at which parties in interest
pil�band
orrtun
e heard will be he shall have an d
by said Zoning Commission in the
County Commission Room, Indian
River County Courthouse. Vero
Beach, Florida, Thursday, August
21, 1975, at 7:30 P.M., after which a
public hearing in relation thereto
at which parties in interest and
citizens shall have an opportunity
to be heard, will be held by -the
Board of County Commissioners of
Indian River County, Florida. in
the Commission Room.
IndiCounty
R ver County Courthouse,
Vero Beach, Florida, on Wed-
nesday, September 24, 1975, at 2:00
P.M.
Indian River County
Zoning Commission
By: Ralph Sexton
Chairman
Board of County
Commissioners
Indian Rivet County
• By: Alma Lee. Loy
Chairmen
July 31, 1975.
RALPH STOGNER TOOK THE FLOOR AND STATED THAT HE OWNS THE
ADVERTISED PROPERTY DOWN OLD DIXIE, WHICH AT THE PRESENT TIME IS ZONED
C-1. HE IS REQUESTING THE CHANGE TO LM -1 SO THAT HE CAN EXPAND HIS
STORAGE WAREHOUSES AND HAVE MORE VARIED USES.
ROBERT BERG, ASSISTANT PLANNING DIRECTOR, POINTED OUT THE
LOCATION OF THE PROPERTY ON THE MAP AND INFORMED THE BOARD THE ZONING
OF THE SURROUNDING PROPERTY WAS M-1 AND C-1.
- 60 -
HOO- 60 -
SEP 2 41975
BOOk 23 A E 3S3
SEP 24 1975
CHAIRMAN LOY ASKED WHETHER THE ZONING BOARD HAD SUGGESTED
A DIFFERENT ZONING.
MR. STOGNER SAID THAT THEY HAD SUGGESTED LM -1 INSTEAD OF M-1
AND HE AGREED TO IT.
VAL BRENNAN, PLANNING DIRECTOR, STATED THAT THE PLANNING
DEPARTMENT HAD OBJECTED TO M-1 WHEN IT WAS FIRST PRESENTED. THE ONLY
REMAINING DIFFICULTY IS WITH THE MASTER PLAN WHICH INDICATED LOW
DENSITY FOR THIS GENERAL AREA, BUT THE MASTER PLAN IS NOT DEFINITIVE,
AND IT WOULD BE REASONABLE TO HAVE THIS A RESTRICTED INDUSTRIAL DISTRICT.
HE ALSO NOTED THAT THIS IS A WATER RECHARGE AREA, AND WITH ONLY 40%
COVERAGE YOU WOULD GET BETTER WATER RECHARGE.
CHAIRMAN LOY ASKED IF ANYONE PRESENT WISHED TO SPEAK EITHER
IN FAVOR OF OR OPPOSING THIS REZONING REQUEST. NO ONE DID.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION NO. 75-58 REZONING
PROPERTY OWNED BY RALPH A. AND THELMA L. STOGNER TO LM -1 LIGHT MANU—
FACTURING DISTRICT.
-61-
BOOK a�
;'a:,t 384
RESOLUTION NO. 75-58
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 Ralph A. and Thelma L. Stogner,
situated in Indian River County, Florida, to -wit:
Lots 1,2,3,4,5,6,7,8,9,10,11,12 & 13, Block V as shown
on a plat of "DIXIE HEIGHTS, UNIT NO. 5"; said plat re-
corded in the public records of Indian River County,
Florida in Plat Book 5 at page 8.
Be changed from C-1 Commercial District, to LM -1 Light
Manufacturing District.
All within the meaning and intent and as set forth and
described in said Zoning Regulation,
SEP 2 41975
BRIX 3" r[ 385
THE HOUR OF 2:00 O'CLOCK P.1. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matter of v / 8
In the Court, was pub-
lished in said newspa in the issues of
, /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
(SEAL)
SEP 2 41975
e.J I _._'lav el7� . A.D_ 7S
itjp
erk rrii0�' /#,
(CI of the G Court, Indian River County, Florida)
(Business Manager)
NOTICE
NOTICE IS HEREBY GIVEN
that the Zoning Commission of
Indian River County, Florida. has
tentatively approved the following
changes and additions to the
Zoning Ordinance of Indian River
County, Florida, which changes
and additions are substantially as
follows:
1. That the Zoning Map be
changed in order that the following
described property, situated In
Indian River County. Florida, to -
wit:
Tract 16 of Section 17, and
Tracts 1, 7 8. 8 of Section 20,
Township 32 -South, Range 39 -
East, Indian River Farms
Company Subdivision, Indian
River County, Florida.
Be changed from A
Agricultural and R-1 Single
Family Districts, to R-1PM
Permanent Mobile Home
Subdivision District.
A public hearing in relation
thereto at which parties in interest
and citizens shall have an op-
portunity to be heard will be held
by said Zoning Commission in the
County Commission Room, Indian
River County Courthouse, Vero
Beach, Florida, Thursday, August
21,1975, at 7:30 P.M., after which a
public n
relation
parties interest atreto
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, an Wed-
nesday, September 24, 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 31, 1975.
CHAIRMAN LOY INFORMED THE BOARD THAT SHE IS IN RECEIPT OF
A PETITION OPPOSING THE PROPOSED REZONING TO R-1PM, WHICH PETITION IS
HEREBY MADE A PART OF THESE MINUTES.
(THESE PETITIONS WILL BE MADE A PART OF THE OFFICIAL
RECORD%)
-62-
'mot( 23 ,A^r,38
ATTORNEY'STEVE HENDERSON, REPRESENTING JOHN D. COLE, OWNER,
AND BOB HOFMANN, DEVELOPER, MADE THE PRESENTATION, HE SPOKE OF
MR. HOFMANN'S EFFORTS TO DEVELOP SOME LOW COST HOUSING IN INDIAN
RIVER COUNTY AND STATED THAT THE ZONING BOARD OBJECTED MAINLY TO ANY
MOBILE HOME PARKS IN THIS AREA AND BECAUSE THE PROPOSAL CONFLICTED
WITH THE MASTER PLAN AND HAD CERTAIN ACCESS PROBLEMS. HE EXPLAINED
THIS IS AN 150 ACRE SITE, APPROXIMATELY 120 ACRES OF WHICH WILL BE
DEVELOPED INTO THE ACTUAL SUBDIVISION, THERE IS AN AREA SET ASIDE FOR
THE SEWER AND WATER PLANT AND A SMALL AREA FOR FIRE AND POLICE STATIONS,
MR, HENDERSON POINTED OUT THAT THE PROPOSED PROJECT IS A PERMANENT
MOBILE HOME SUBDIVISION AND WOULD HAVE TO BE SUBDIVIDED, IT WILL CON-
SIST OF APPROXIMATELY 480 UNITS ABOUT 60 X 100 EACH, WHICH IS OVER THE
MINIMUM LOT SIZE CALLED FOR IN THE ORDINANCE, AND IT WILL HAVE A TOTAL
DENSITY OF 3.6 UNITS PER ACRE, WHICH IS NOT TYPICAL OF MOBILE HOME
RENTAL PARKS,
ATTORNEY HENDERSON SAID HE FELT THIS REPRESENTS A SOLUTION
TO THE LOW COST HOUSING PROBLEM IN THE COUNTY AS IT WOULD MAKE AVAILABLE
F.H.A. AND V.A. FINANCING AND ASKED THE BOARD -TO CONSIDER THE PROJECT
ON ITS MERITS AS PRESENTED TODAY IN SPITE OF THE DISAPPROVAL OF THE
ZONING COMMISSION.
A PROGRAM OF NARRATED SLIDES WAS THEN PRESENTED, SHOWING
PICTURES OF ATTRACTIVE UNITS SET UP ON A PERMANENT BASE AND NICELY
LANDSCAPED. .THE NARRATION COMPARED THE TAXES RECEIVED FROM A PERMANENT
PARK SUCH AS THIS WITH THOSE OF A RENTAL PARK AND CLAIMED THAT THE
COUNTY WOULD RECEIVE APPROXIMATELY $650.00 MORE IN TAXES PER ACRE FROM
THE PERMANENT MOBILE HOME PARK.
ATTORNEY HENDERSON STATED THAT THEY DID NOT FEEL THAT THE
SURROUNDING AREA WAS INCONSISTENT WITH THEIR PROPOSAL AND SHOWED SLIDES
OF THE PRESENT DEVELOPMENT NEAR THE PLANNED SITE ON LINDSAY ROAD,
STATING THAT THERE ARE APPROXIMATELY 15 HOMES IN THIS AREA AT PRESENT
AND THERE IS ALREADY A MIXTURE OF MOBILE HOMES AND RESIDENCES, HE
PERSONALLY FELT THE SURROUNDING AREA AS DEVELOPED IS LESS DESIRABLE
THAN THE PROPOSED PROJECT.
-65-
SEP 2 41976
Box 23A387
ATTORNEY HENDERSON THEN PRESENTED PETITIONS SIGNED BY
CITIZENS EXPRESSING THEIR CONCERN ABOUT THE LACK OF LOW COST HOUSING
IN THE COUNTY, WHICH PETITIONS ARE HEREBY MADE A PART OF THESE
MINUTES°
RECORD,)
SEP 2 41975
(THESE PETITIONS WILL BE MADE A PART OF THE OFFICIAL
-66-
eot3K 23 -'a::i 3S8
ATTORNEY HENDERSON STATED THAT THERE IS PRESENTLY NO PERMA-
NENT MOBILE HOME ZONING IN THE COUNTY; THAT THIS ZONING IS A CLASSIFICA-
TION THAT HAS NEVER BEEN USED,
DEWEY WALKER, ZONING DIRECTOR,. STATED .THAT THERE AREA FEW
SMALL PERMANENT MOBILE HOME PARKS IN THE NORTH PART OF THE COUNTY.
JOHN COLE, OWNER OF THE PROPERTY, TOOK THE FLOOR. HE INFORMED
THE BOARD THAT HE HAS OWNED PROPERTY HERE SINCE 1954 AND PRESENTLY OWNS
ALMEDA RANCH WHICH COMPRISES 700 ACRES. HE FEELS THAT HE IS COGNIZANT
OF THE PROBLEMS FACING THE COUNTY. HE POINTED OUT THAT PEOPLE WANTING
DELUXE HOMES GO TO JOHN'S ISLAND AND THE BEACH AREA AND FEELS YOU MUST
BE A REALIST WHEN YOU OWN:PROPERTY WEST Of THE RIVER AS THIS IS THE
MOST ATTRACTIVE AREA TO THE LOW AND.AVERAGE WAGE EARNERS. MR. COLE
STATED THE ONLY WAY TO PROVIDE HOUSING FOR A PERSON EARING $10,000
TO $12,000 A YEAR IS WITH MOBILE HOME HOUSING. HE REALIZES THAT THE
VERY NAME "MOBILE HOME° HAS HAD A STIGMA ATTACHED TO IT, BUT DOESN'T
FEEL THIS IS TRUE ANY MORE.
ATTORNEY HENDERSON INTRODUCED THE DEVELOPER OF THE PROPOSED.
PROJECT, BOB HOFMANN.
CHAIRMAN LOY INFORMED THOSE PRESENT THAT THE PETITION PRE-
SENTED BY MR, HENDERSON EARLIER IN REGARD TO THE NEED FOR LOW COST
HOUSING CONTAINS APPROXIMATELY 85 NAMES AND THE PETITION SUBMITTED TO
THE BOARD OPPOSING THIS PROJECT CONTAINS 11 NAMES.
COMMISSIONER SCHMUCKER ASKED HOW MANY UNITS PER ACRE ARE
ALLOWED IN THIS ZONING.
ATTORNEY HENDERSON SAID THAT THE ZONING ALLOWS 8 UNITS PER
,.ACRE, BUT THEIR LAYOUT WAS PLANNED FOR LESS THAN 4 UNITS PER ACRE,
COMMISSIONER SCHMUCKER NOTED THAT THIS WAS THE SAME AS R-1
RESIDENTIAL.
CHAIRMAN LOY ASKED HOW THE TAX FIGURES PRESENTED IN THE
NARRATION WERE ARRIVED AT,
MMR. HOFMANN ANSWERED THAT FIGURES WERE TAKEN FROM TAX ROLLS
OF FOUR OTHER SIMILAR PARKS AND AVERAGED. BAREFOOT BAY, A SIMILAR
PROJECT IN THE NEXT COUNTY, WAS ONE OF THOSE USED.
-72-
SEP 2 41975
ifooK 23 ,,t :i
SEP 2 41975
CHAIRMAN LOY SAID YOU ARE INDICATING THAT THESE WILL FALL
UNDER PRIVATE OWNERSHIP.
MR. HOFMANN AGREED AND STATED THAT THEY WILL HAVE THE $5,000
HOMESTEAD EXEMPTION. HE CONTINUED THAT THESE ARE ALL ON PERMANENT
FOUNDATIONS AND THE WHEELS ARE REMOVED. THE HOMES WILL RANGE FROM
$15,000 TO $20,000 INCLUDING THE LOT,
CHAIRMAN LOY ASKED FOR THE COMMENTS OF THE PLANNING DEPARTMENT.
VAL BRENNAN, PLANNING DIRECTOR, NOTED THAT THE ZONING COMMIS-
SION HAS RECOMMENDED DENIAL. HE ALSO POINTED OUT THAT IF THESE WERE
MODULAR HOMES YOU WOULDN'T NEED ANY CHANGE OF ZONING, BUT THESE ARE
MOBILE HOMES AND COME IN ON WHEELS WHICH ARE THEN REMOVED AND THEY
BECOME.PERMANENT IN PLACE.
ROBERT BERG, ASSISTANT PLANNING DIRECTOR, EXPLAINED THAT A
MODULAR HOME IS CONSTRUCTED COMPLETELY ACCORDING TO THE BUILDING CODE
WHILE MOBILE HOMES ONLY HAVE TO COMPLY WITH STATE REGULATIONS WHICH ARE
QUITE DIFFERENT.
MR, BRENNAN FURTHER STATED THAT HOUSING AND URBAN DEVELOPMENT
DOES NOT RECOGNIZE MOBILE HOMES AS MEETING THE NEED FOR LOW COST HOUSING
EVEN THOUGH YOU CAN GET THE FINANCING. HE CONTINUED THAT AT THE ZONING
MEETING THE SUBJECT OF AVAILABILITY OF SERVICES WAS DISCUSSED AS A
SUBDIVISION OF THIS SIZE WILL REQUIRE MORE SHERIFF SERVICE AND FIRE
PROTECTION, ETC.
DISCUSSION FOLLOWED ON THE NUMBER OF MOBILE HOME SITES NOW
AVAILABLE. IT DEVELOPED THAT THERE ARE NUMEROUS MOBILE HOME SITES
PRESENTLY AVAILABLE, BUT THESE ARE ALMOST COMPLETELY RENTAL SITES. IT
WAS DETERMINED THAT THERE ARE ONLY ABOUT 26 AVAILABLE SPACES IN THE
COUNTY FOR A PERMANENT TYPE MOBILE HOME SITE AND SOME OF THESE MAY NOT
BE FOR SALE.
COMMISSIONER MASSEY ASKED IF THIS IS IN A WATER RESERVOIR AREA.
ROBERT BERG SAID THAT ENVIRONMENTAL RESEARCH SHOWS THAT 95%
OF THE SITE IS IMPROVED PASTURE; THE LAND IS LOW AND SANDY AND WILL RE-
QUIRE MUCH FILL AND YOU WOULD HAVE A DRAINAGE PROBLEM.
-73-
flax 23 ., :.39O
ATTORNEY HENDERSON REMARKED AT THIS POINT THAT IT IS TRUE
THAT THESE ARE NOT MODULAR HOMES, BUT NOTED THERE IS A SIGNIFICANT
DIFFERENCE IN PRICE AND HE WAS NOT REALLY CONVINCED THAT MODULAR HOMES
WOULD REALLY MEET THE NEEDS OF LOW COST HOUSING, ALSO, AS TO DRAINAGE,
SITE PLAN APPROVAL WOULD ASSURE THAT THERE WAS ADEQUATE DRAINAGE,
CHAIRMAN LOY ASKED DOES THIS FALL UNDER THE DISTRICT OF
REGIONAL IMPACT REQUIREMENT?
ATTORNEY HENDERSON SAID IT WOULD NOT UNLESS IT HAD MORE THAN
500 UNITS.
CHAIRMAN LOY ASKED WHAT AGE GROUP THEY WERE CATERING TO.
MR. HOFMANN REPLIED THAT THEY WOULD HAVE TWO SECTIONS - A
FAMILY SECTION AND AN ADULT SECTION.
CHAIRMAN LOY ASKED IF THEY HAD DONE ANY STUDY AS TO THEIR
IMPACT ON THE COMMUNITY AS FAR AS SCHOOLS AND VARIOUS SERVICES WERE
CONCERNED, AND THEY HAD NOT.
CHAIRMAN LOY THEN ASKED IF ANYONE PRESENT WISHED TO SPEAK,
WILLIAM MACBLAIN, A RESIDENT OF LINDSAY ROAD, SPOKE OPPOSING
THE PROPOSED PROJECT, HE SAID THE IMPACT ON THE SCHOOLS,'POLICE AND
EMPLOYMENT ALL SHOULD BE CONSIDERED AND NOTED FOR THE RECORD THAT THE
PETITION SUBMITTED IN OPPOSITION CONTAINS 12 NAMES.
•SAM TILLIS OF LINDSAY ROAD SPOKE IN FAVOR OF THE PROPOSED
PROJECT AND SAID HE DOESN'T FEEL THE IMPACT ON THE COMMUNITY WILL BE
THAT GREAT SINCE HE FELT LOCAL PEOPLE WILL BE BUYING THESE HOMES. HE
PERSONALLY FELT IT WOULD BE AN ASSET TO THE NEIGHBORHOOD.
DONNA HOLLAND OF KINGSBERRY ROAD SPOKE IN OPPOSITION SAYING
THAT SHE DID NOT WANT AN "INSTANT NEIGHBORHOOD OF OVER 400 PEOPLE,"
MRS. PAMELA PROFFITT OF KINGSBERRY ROAD SPOKE IN OPPOSITION
AND STATED THAT SHE BELIEVED MOBILE HOME OWNERS HAVE A CHOICE OF EITHER
PAYING FOR A TAG OR PAYING TAXES, WHICH SHE FELT WOULD CONSIDERABLY
REDUCE THE TAX FIGURES PRESENTED BY THE DEVELOPER.
DAVID SMITH STATED THAT HE SPOKE FOR THE RESIDENTS OF LINDSAY
ROAD WHO ARE ALL OPPOSED TO THE PROPOSED PROJECT,
-74-
.SEP 24 1975
BOON 23 , i, -39i
COMMISSIONER WODTKE ASKED MR. HOFMANN HOW HE COULD BE SURE,
SINCE HE WILL ACTUALLY BE SELLING THESE 1/4 ACRES, THAT NEIGHBOR A
WILL KEEP HIS YARD UP AS WELL AS NEIGHBOR B.
MR. HOFMANN REPLIED THAT THEY WILL HAVE A LOT OF RESTRICTIVE
COVENANTS. HE FURTHER STATED THAT THEY WILL BE PLANTING QUITE A NUMBER
OF TREES ON THE PROPERTY AND HEDGES. ON THE PERIMETER TO CLOSE IT OFF
FROM THE ROAD.
COMMISSIONER WODTKE ASKED IF THERE REALLY IS AN OPTION ON
HOW TO PAY THE TAX.
ATTORNEY HENDERSON STATED THAT THE KEY IS THE PERMANENT FOUNDA-
TION AND THE REMOVAL OF WHEELS. WHEN THIS IS DONE, THE OPTION IS NOT
AVAILABLE AS IT BECOMES A REGULAR SUBDIVISION, THIS DOES NOT APPLY
IN A RENTAL PARK.
COMMISSIONER SCHMUCKER POINTED OUT THAT THE PROPOSED PROJECT
WILL BE A LOW DENSITY DEVELOPMENT, EQUIVALENT TO R-1, EVEN THOUGH WITH
THIS ZONING THEY COULD HAVE DOUBLE THE AMOUNT OF UNITS. HE STATED THAT
HE IS ON THE Low COST HOUSING COMMITTEE AND KNOWS THE COUNTY HAS GOT
TO HAVE SOME LOW COST HOUSING AND HE CAN'T SEE ANY OTHER WAY TO SUPPLY IT.
ROBERT BERG SAID HE FELT THE QUESTION WITH. REGARD TO A CHOICE
OF WAYS TO PAY TAX SHOULD BE RESEARCHED AS HE WAS NOT SURE THE:STATE-
MENTS MADE WERE CORRECT.
ATTORNEY HENDERSON ASKED THAT SOMEONE FROM THE PROPERTY
•APPRAISER'S OFFICE BE SENT FOR TO ANSWER THE QUESTION.
COMMISSIONER MASSEY STATED THAT HE WOULD HAVE TO OPPOSE THIS
PROJECT BECAUSE.WE NEED ALL OF OUR AGRICULTURAL LAND, AND ALSO BECAUSE
IT IS NEAR A WATER RESERVE AREA AND IS A RESIDENTIAL AREA AT THIS TIME.
COMMISSIONER SIEBERT SAID HE SAW NO NEED TO CONTINUE THE
PUBLIC HEARING, BUT IF IT WAS DESIRED TO POSTPONE THE DECISION UNTIL
THE NEXT MEETING SO THEY COULD DO SOME MORE RESEARCH, HE WOULD BE
AGREEABLE.
CHAIRMAN LOY AGREED AND SAID SHE WAS NOT READY TO MAKE A
DECISION TODAY. SHE ASKED ATTORNEY HENDERSON IF HE HAD A CLOSING
STATEMENT.
-75-
SEP 241975
Boox 23 ,392 392
ATTORNEY HENDERSON SAID THE WORD "IMPACT" HAS BEEN RAISED
SEVERAL TIMES, AND HE DOESN'T FEEL A DEVELOPMENT SHOULD BE TURNED
DOWN BECAUSE OF UNCERTAIN IMPACT ON SCHOOLS, FIRE PROTECTION, ETC, IF
ITS TAXES PAY THE WAY, THEN THEY ARE LIKE ANY OTHER RESIDENT, HE FELT
IT WOULD BE INTERESTING TO DETERMINE HOW MANY PEOPLE WORK INTHE COUNTY
BUT LIVE IN ANOTHER COUNTY OR IN THE NORTHERN OR WESTERN REACHES BECAUSE
OF THE HIGH COST OF HOMES IN THIS AREA,
MRS, RUTH LONGAKER OF THE PROPERTY APPRAISER'S OFFICE APPEARED
AND STATED THAT WITH REGARD TO MOBILE HOMES, THE OWNER HAS A CHOICE
OF BUYING A TAG OR "ASSESSING IT TO THE GROUND" WHICH ALLOWS THEM TO
FILE FOR HOMESTEAD EXEMPTION.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY AGREED TO CLOSE THE PUBLIC HEARING ON THE
REQUEST FOR REZONING TO R—IPM REQUESTED BY JOHN COLE AND BOB HOFMANN.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY AGREED TO MAKE THE REQUEST FOR REZONING
TO R-1PM BY JOHN COLE AND BOB HOFMANN A REGULAR AGENDA ITEM FOR THE
NEXT REGULAR MEETING OF OCTOBER 8, 1975.
THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK
READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann; Jr. who on oath
says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matter of
(ze„te.g.)
In the Court was pub-
lished in said newspapeee in the Issues of
/97.5
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
bean 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
(BEAU
SEP 2 4 1975
$01,
off; A.D./97:--i" C
(Clerk o the C wt
Court,
Manager)
Indian River County, Florida)
-76-
tt,3
NOTICE
NOTICE IS HEREBY GIVEN
Mat the Zahing Commission of
Indian River County, Florida, has
tentatively approved the following
changes and additions to the
Zoning Ordinance of Indian River
County, Florida, which changes
and additions are substantially as
follows:
1. That the Zoning Map be
changed in order that the following
described property, situated in
Indian River County, Florida, to -
wit:
The North S acres of the West
20 acres of Tract 12, in Section
11, Township 331 -South, Range
38 -East, as the same. Is
designated on the last general
plat of lands of the Indian
River Farms Company filed in
the office of the Clerk of the
Circuit Court of St. Lucie
County. Florida, In Plat Book
2. page 25, said land now Tying
and being In Indian River
County.
Subject to all easements,
restrictions, reservations,
dedications and rights-of-way
Of record.
Be changed from A -
Agricultural District, to R -1E
• County Estate District.
A public hearing in relation
thereto at which parties In interest
and citizens shall have an op.
portunity to be heard will be held
by said Zoning Commission in the
County Commission Room, Indian
River County Courthouse, Vero
Beach, Florida, Thursday, August
21,1975, at 7:30 P.M., after which a
public hearing In relation thereto
at which parties in interest and
citizens shall have an opportunity
to be heard, will be held by the
Board of County Commissioners of
Indian River County, Florida, In
the County Commission Room,
Indian River County Courthouse,
Vero Beach, Florida, on Wed-
nesday, September 24, 1975, at 2:00
P.M.
Indian River County
Zoning Commission
By: Ralph Sexton
Chairman
Board of County
Commisstoners
3 3Indian River County
By: Aima Lee Loy
Chairman
July 31, 1975.
HOOK 23
RONALD BRUNS, A RESIDENT OF NAPLES, FLORIDA, TOOK THE FLOOR
AND STATED THAT HE HAD BOUGHT THIS LAND ABOUT 10 YEARS AGO. THIS LAND
IS FOR SALE AND HE HAS SEVERAL BUYERS INTERESTED IN IT WHO WISH TO
BREAK IT UP FOR DWELLINGS, BUT THE NEED TO REZONE IT IS DISCOURAGING
THEM.
MR. BRUNS STATED THAT THE REQUESTED REZONING WAS APPROVED BY
THE ZONING COMMISSION AND RECOMMENDED BY THE PLANNING DEPARTMENT. THE
REZONING HE IS REQUESTING, R -1E, COUNTRY ESTATES, IS AS HIGH AS YOU
CAN GO.
CHAIRMAN LOY ASKED IF ANYONE PRESENT WISHED TO SPEAK EITHER
FOR OR AGAINST THIS REQUESTED REZONING. No ONE DID.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 75-59 REZONING
PROPERTY OWNED BY RONALD BRUNS.
-77-
SEP 2 41975
BOOk 23 PAr,[ 394
RESOLUTION NO. 75-59
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 Ronald C. Bruns, situated in
Indian River County, Florida, to -wit:
The North 5 acres of the West 20 acres of Tract 12,
in Section 11, Township 33-bouth, Range 38 -East, as
the same is designated on the last general plat of..
lands of the Indian River Farms Company filed in the
office of the Clerk of the Circuit Court of St. Lucie
County, Florida, in Plat Book 2, page 25, said land
now lying and being in Indian River County.
Subject to all easements, restrictions, reservations,
dedications and rights-of-way of record.
Be changed from A -Agricultural District, to R -1E
Country Estate District.
All within the meaning and intent and as set forth and
described in said Zoning Regulation.
SEP 2 41975
Rood
3.95
CHAIRMAN LOY ANNOUNCED THAT THE PUBLIC HEARING SCHEDULED
FOR TODAY IN REGARD TO THE REZONING OF PROPERTY OWNED BY THOMAS EALY
IS TO BE READVERTISED AND WILL NOT COME UP TODAY,
THE HOUR OF 3:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK
READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT:
VERO REACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River Coun)y, Florida; that the attached copy of advertisement, being
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of
7, /9'7,
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 u day � A D./
c9Q-Afr
7S—
(Business Manager)
(Clerk of the it Court, Indian River County, Florida)
(SEAL)
NOTICE OF
PUBLIC NEARING•
The Board of County Com-
missioners ofIndian River County,
Florida, will, on the 24th day of
September, 1975, at 3:00 P.M. in
the Board of County Com-
missioners Room at the Indian
River County Court House, Vero
Beach, Indian River County.
Florida, consider granting an
amendment to Indian River
County Resolution No. 75-21,
Treasure Cove Subdivision Sewer
Franchise, dated April 23, 1975,
being an exclusive franchise for
forty (40) years to Reimer
Associates, incorporated, which
franchise was to erect, construct,
operate and maintain a sewer
art of Indian
RienotdvrCuny, and said amend-
ment to said franchise Is to include
adjacent land into said franchise
area, said property to be added to
Said franchise being described
as:
The South 200 feet of the North
400 feet of Government Lot 1, •
Section 16, Township 33 South,
Range 40 East, Indian River
County, Florida.
Franchise rates and hook-up
charges will be as follows:
89.50 per month per unit for
kitchen and one bathroom;
additional $4.00 per month for
each additional bathroom or
laundry or toilet having a
connection, directly or in-
directly, to Owner's sewer
lines. 5600.00 for sewer hook-up
charge.
Parties in interest and citizens
will be heard by the Board at said
Public Hearing.
DATED this 2nd day of Sep-
tember, 1975.
Board of County
Commissioners
Indian River County
Florida
By: -s -Aima Lee Loy
Chairman
Sept. 7, 1975.
HIRAM MANNING APPEARED REPRESENTING RALMAR ASSOCIATES, INC,,
IN ASKING FOR AN AMENDMENT TO THE TREASURE COAST SUBDIVISION SEWER
FRANCHISE. HE STATED THAT PROPER NOTICE'HAS BEEN SENT BY REGISTERED
MAIL TO ALL THOSE CONCERNED, AND SAID THEY SIMPLY WANT TO ADD ON A
SMALL SEGMENT OF LAND TO THE ALREADY APPROVED FRANCHISE FOR TREASURE
COAST SUBDIVISION.
-79-
SEP 2 41975
BOOK 23 r'Aiu[J iO
JAMES BEINDORF, ENGINEER, PRESENTED DRAWINGS SHOWING
THE PROPOSED AREA RALMAR IS REQUESTING AND STATED THAT THEY HAVE THE
PERMITS IN HAND FROM THEDEPARTMENT OF POLLUTION CONTROL, THIS PROPERTY
CONSISTS OF 11 LOTS OWNED BY TEN COINS ON THE OCEAN, INC., DALE L.
TALBERT, .JR., PRESIDENT, AND THEY WISH TO BE INCLUDED INTO THE SEWER
TREATMENT PLANT FOR TREASURE COVE SUBDIVISION.
CHAIRMAN LOY ASKED IF RALMAR ASSOCIATES HAD ANY CONSENT OR
AGREEMENT FROM THE TALBERTS,
MARK FALB, AN OFFICER OF RALMAR ASSOCIATES, TESTIFIED THAT
THEY HAVE SIGNED AN AGREEMENT WITH TEN COINS ON THE OCEAN IN REGARD TO
THESE 11 UNITS,
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD;
THERE WERE NONE,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 75-60 AMENDING
THE AREA OF THE TREASURE COVE SUBDIVISION SEWER FRANCHISE, CONDITIONED
UPON RECEIPT OF THE AGREEMENT BETWEEN RALMAR ASSOCIATES, INC., AND
TEN COINS ON THE OCEAN, INC.
-80-
SEP 241975
eoak 23
397
SEP 2 41975
RESOLUTION NO. 75-60
BE IT RESOLVED by the Board of County Commissioners_
of Indian River County, Florida:
SECTION 1
This Resolution is an amendment to Resolution No.
75-21 adopted on April 23, 1975, by the Board of County
Commissioners of Indian River County, Florida, which is known
as the "TREASURE COVE SUBDIVISION SEWER FRANCHISE."
SECTION 2
The franchise area described in Section 4 of
Resolution No. 75-21 is hereby amended to read as follows:
The South 500 feet of the North 700 feet
of Government Lot 1, Section 16, Township
33 South, Range 40 East, Indian River
County, Florida.
SECTION 3
All provisions of .Resolution No. 75-21 adopted by
the Board of County Commissioners of Indian River County,
Florida on April 23, 1975, shall remain in full force and
effect, except as amended above, and the franchise area des-
cribed above shall be subject to all the terms and conditions
of Resolution No. 75-21 as if the same were included in the
original Resolution No. 75-21.
IN WITNESS WHEREOF, the Board of County Commissioners
of Indian River County, Florida, has caused this amendment to
Resolution No. 75-21, said Resolution having been adopted by
the Board of County Commissioners of Indian River County,
Florida, on April 23, 1975, and which is known as the "TREASURE
COVE SUBDIVISION SiwER FRANCHISE", to be executed, in the name
of the County of Indian River by the Chairman of the Board of
BOOK
3:• 398
County Commissioners, and its seal to be affixed and attested
by its Clerk, this a"/ day of
A. D. 1975.
COUNTY OF INDIAN RIVER, FLORIDA
By: LaP tt -
Alma Lee Loy, as Chairmaf the
Board of County Commissi ners
Attest
Ralph Harris, Clerk
Signed, sealed and delivered
in the presence of:
„/"..ta if/4ree
both p=rties
ACCEPTANCE OF AMENDED FRANCHISE
RALMAR ASSOCIATES, INCORPORATED does hereby accept
the foregoing amended franchise, and for itself and its suc-
cessors and/or assigns, does hereby covenant and agree to
comply with and abide by all of the terms, conditions and
provisions therein set forth and contained.
DATED at Vero Beach, Indian River County, Florida,
this USt day of 44 , 1975.
Signed, sealed and delivered
in the presence of:
7,L..L2) / . hJ124
SEP 2 41975
RALMAR ASSOCIATES, INCORPORATED
By:
Mark C. Falai
Hook 23 '4' 399
SEP 2 41975
AGREEMENT
THIS AGREEMENT Made and entered into this 2,c7�-
day of at,ce , 1975 by and between TEN COINS ON THE
OCEAN, INC., a Florida corporation, hereinafter referred to as
TEN COINS; DALE L. TALBERT, SR., of Vero Beach, Indian River
County, Florida, hereinafter referred to as TALBERT; and RALMAR
ASSOCIATES, INCORPORATED, an Iowa corporation authorized to
transact business in the State of Florida, hereinafter referred
to as RALMAR;
WITNESSETH:
WHEREAS, TEN COINS and TALBERT are the owners of certain
property located in Government Lot 1, Indian River County, Florida,
said property being more particularly described as follows:
The South 200 feet of the North 400 feet of
Government Lot 1, Section 16, Township 33 South,
Range 40 East, Indian River County, Florida,
subject to existing right of way for State Road
A1A;
WHEREAS, the above-described property owned by TEN COINS
and TALBERT is located immediately North of and contiguous to
property owned by RALMAR; and
WHEREAS, in connection with. the property owned by RALMAR,
a sewer franchise has been granted by the Board of County Com-
missioners of Indian River County, Florida, by virtue of Resolution
75-21, known as TREASURE COVE SUBDIVISION SEWER FRANCHISE, dated
April 23, 1975; and
WHEREAS, TEN COINS and TALBERT desire that their property
be included within the sewer franchise area, and have agreed that
TEN COINS shall pay all expenses incident to legal and engineering
services required for the inclusion of the TEN COINS and TALBERT
properties into the sewer franchise area.
R Ok
x;:460.
NOW, THEREFORE, in consideration of the sum of Ten
Dollars ($10.00) and other valuable considerations, the receipt
whereof is hereby acknowledged, and the mutual promises and under-
takings herein contained, it is agreed as follows:
1. RALMAR does hereby agree that it will service all
of the property, above described, owned by TEN COINS and TALBERT
with its sewer services under its franchise known as TREASURE
COVE SUBDIVISION SEWER FRANCHISE granted by the Indian River County,
Florida Board of County Commioners by virtue of Resolution No. 75-21
on April 23,. 1975.
2. TEN COINS agrees to pay all expenses incident to
obtaining an amendment to the franchise area, this Agreement, and
all other legal, engineering, and incidental costs required to
bring the TEN COINS and TALBERT properties into the franchise area,
and to plan and construct facilities to service the TEN COINS and
TALBERT properties, and to tie the same into a force main owned
by RALMAR.
3. RALMAR agrees to apply for an amendment to the
franchise area to include the above-described property within the
franchise on behalf of TEN COINS and TALBERT.
4. It is understood and agreed that TEN COINS and
TALBERT shall be bound by all provisions of Resolution No. 75-21,
TREASURE COVE SUBDIVISION SEWER FRANCHISE, dated April 23, 1975,
and they further agree to abide by all provisions thereof, as will
be the case with all other recipients of the sewer service to be
provided by RALMAR under its franchise in the total franchise area.
5. It is further understood and agreed that upon
construction of the sewer pipes and other required facilities,
that the same shall become the property of RALMAR under its fran-
chise agreement and TEN COINS and TALBERT agree to execute any
and all documents to accomplish the same.
-2-
SEP 2 41975
Book • J t 451
6. It is further understood and agreed that the
actual construction of the facilities required by TEN COINS
and TALBERT shall be at such time as shall be determined by
TEN COINS.
IN WITNESS WHEREOF, the parties to this Agreement
have signed and sealed the same the day and year first above
set forth.
Witnesses as to TEN COINS: TEN COINS ON THE OCEAN, INC.
OA/ ic-iad, Seal
By
D e / L. Ta erVt, Jr., Pr s.
Witnesses as to TALBERT:
/a t , 72 Seal
Dale L. Talbert, Sr.
Witnesses as to RALMAR: RALMAR ASSOCIATES, INCORPORATED
-3-
SEP 24 1975
Seal
Mark C. Fal , Secretary
Bou 23 PcE402
VAL BRENNAN, PLANNING DIRECTOR, DISCUSSED HIS MEMO OF
SEPTEMBER 3RD IN REGARD TO THE CENTRAL FLORIDA RESOURCE CONSERVATION
AND DEVELOPMENT COUNCIL, WHICH CONTAINED THE FOLLOWING ITEMS:
1. COST TO COUNTY - NOT TO EXCEED $100 YEARLY.
2. PURPOSE - ONE PURPOSE OF COUNCIL IS TO SET PRIORITIES ON PROJECTS
WHICH ARE PROPOSED BY LOCAL UNITS OF GOVERNMENT WITHIN (THEIR)
PROJECT AREA.
3. MEMBERSHIP - PAT CORRIGAN IS THE OTHER COUNCIL MEMBER REPRE-
SENTING SOIL & WATER CONSERVATION DISTRICT.
4. PROXY - IF COMMISSIONER SIEBERT OR PAT CORRIGAN CANNOT ATTEND
MEETINGS, VAL BRENNAN AND BOB BOOTH OR ANY OTHER DESIGNEE CAN WITH
WRITTEN PROXY IN HAND, SIGNED AND DATED, VOTE ON MATTERS.
5. MEETINGS - MINIMUM OF FOUR MEETINGS PER YEAR.
6. WITHDRAWAL - ANY MEMBER CAN WITHDRAW UPON THIRTY (30) DAYS WRITTEN
NOTICE.
MR. BRENNAN STATED THAT THE PURPOSE OF THIS GROUP IS TO ACT
AS A STEERING COMMITTEE, AND EACH COUNTY WILL SUBMIT ITS OWN PROJECT.
COMMISSIONER SIEBERT INFORMED THE BOARD THAT EACH COUNTY
HAS EQUAL REPRESENTATION - ONE MAN, ONE VOTE.
CHAIRMAN LOY ASKED IF WE HAVE ANY PROJECTS IN MIND AT THIS
TIME.
MR. BRENNAN SAID HE BELIEVED THE SOIL CONSERVATION PEOPLE
WERE THINKING POSSIBLY OF BLUE CYPRESS PARK.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE BY-LAWS OF THE CENTRAL
FLORIDA RESOURCE CONSERVATION AND DEVELOPMENT COUNCIL AND AUTHORIZED
THE SIGNATURE OF THE CHAIRMAN TO SAME.
ADMINISTRATOR JENNINGS BROUGHT UP THE MATTER OF APPOINTMENTS
TO THE 201 TECHNICAL ADVISORY COMMITTEE.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 75-62 APPOINTING
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SEP 2 41975
fink
3 .t.,f403
THE FOLLOWING TO THE 201 TECHNICAL ADVISORY COMMITTEE:
RICHARD TASH
BOB RUTTER
JOE MICHAEL
MAYOR ROLAND MILLER
JOE SUIT
RICHARD VOTAPKA
JOHN LITTLE
JACK JENNINGS
SEP 2 41975
- DEPARTMENT OF ENVIRONMENTAL REGULATIONS
- EAST CENTRAL REGIONAL PLANNING COUNCIL
- TOWN OF ORCHID
- TOWN OF INDIAN RIVER SHORES
- CITY OF FELLSMERE
- CITY OF SEBASTIAN
- CITY OF VERO BEACH
- INDIAN RIVER COUNTY
85
HOOT 23
404
SEP 2 41975
RESOLUTION NO. 75-62
WHEREAS, THE Board of County Commissioners of Indian
River County, Florida has applied for and been offered a
Federal Grant in the amount of One Hundred Eighty -Three
Thousand Seventy -Seven Dollars ($183,077.00) for the
preparation of a Facilities Plan for the Planning Area
designated under Section 201 of the Amendments to the
Federal Water Pollution Control. Act of 1972; and
WHEREAS, the offer is subject to certain assurances
as set forth in the Grant Agreement; and
WHEREAS, one of the assurances is that a TECHNICAL
ADVISORY COMMITTEE will be established to provide advice,
communication and liaison between the various units of
local government and the Engineer during the facilities
planning process; and
WHEREAS, at least one representative from each unit
of local and county government included within the "201
District Boundary" will be appointed to this Committee; and
WHEREAS, a representative from the State Department
of Pollution Control and the East Central Florida Regional
Planning Council will also be members of this Committee; and
WHEREAS, it is anticipated that the Committee will
meet monthly to review the progress of the work and provide
valuable input into the decision making process and guidance
to the Engineer during the course of the plan preparation;
and
WHEREAS, Indian River County has requested the various
Local Governmental Units and the State Agencies to recommend
appointments; and
WHEREAS, the following persons have been recommended:
Department of Environmental Regulations - Richard Tash
East Central Regional Planning Council - Bob Rutter
Town of Orchid - Joe W. Michael
Town of Indian River Shores - Mayor Roland B. Miller
BOOK 2:
46c
City of Fellsmere - Joe, Suit
City of Sebastian - Richard P. Votapka
City of Vero Beach - John Little
Indian River County - Jack Jennings
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that
the above named persons, representing their designated Local.
or State Governmental unit are hereby named to the "201
TECHNICAL ADVISORY COMMITTEE" for the purposes of facilitat-
ing the Preparation of a Facilities Plan for the Planning
Area designated as Section 201 of the Amendments to the
Federal Water Pollution Control Act of 1972.
a*************************
I HEREBY CERTIFY that the foregoing was passed
by the County Commisssion of Indian River County, Florida,
on the 24th day of
Attest:
SEP 2 41975
September
, 1975.
INDI RIVER Y CO ISSION
By
Alma Lee Loy, Chair n
kA yir/ ai,44, ate
BOOR 23
:468
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT WITH REGARD
TO THE BID ON THE FELLSMERE FIRE TRUCK EQUIPMENT, HE RECOMMENDS THAT
THE BID OF TURNER MACHINE & SUPPLY CO. OF FORT PIERCE IN THE AMOUNT
OF $7,950.00 BE ACCEPTED.
ON MOTION BY COMMISSIONER WODTRE, SECONDED BY COMMISSIONER
MASSEY, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF TURNER MACHINE & SUPPLY
COMPANY FOR EQUIPMENT, MATERIALS AND LABOR NECESSARY TO INSTALL WATER
TANK, BODY, PLUMBING, PUMP AND PUMPSHAFT ON ONE 1975 FORD MODEL F600
4 -WHEEL DRIVE TRUCK CHASSIS FOR A FIRE TRUCK, AS BEING THE LOWEST AND
BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $7,950.00.
CHAIRMAN LOY POINTED OUT TO THE BOARD THAT THE REGULAR MEETINGS
IN THE MONTH OF DECEMBER THIS YEAR WILL FALL ON THE 10TH AND THE 24TH
AND SUGGESTED THAT THESE DATES BE CHANGED.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
MASSEY, THE BOARD UNANIMOUSLY APPROVED CHANGING THE DECEMBER MEETING
DATES TO DECEMBER 3, 1975 AND DECEMBER 17, 1975.
JACK HOCKMAN, FINANCE OFFICER, AND VAL BRENNAN, PLANNING
DIRECTOR, WERE OFFICIALLY NOTIFIED OF THIS CHANGE OF DATES.
ATTORNEY COLLINS INFORMED THE BOARD THAT THE TOWN OF INDIAN
RIVER SHORES IS BUILDING A NEW FIRE STATION, AND BECAUSE OF BUDGETING
REQUIREMENTS, THEY HAVE ASKED THAT THEIR REQUEST FOR $50,000.00 FOR,
FIRE EQUIPMENT BE DESIGNATED AS MATCHING FUNDS.
THE ATTORNEY STATED THAT HE DID NOT SEE ANY BAD EFFECT OF
THE COUNTY DOING THIS AS LONG AS THE $50,000.00 WAS USED FOR THE PURPOSE
THAT THE COUNTY INTENDED. HE RECOMMENDED THAT THE $50,000.00 AS BUD-
GETED BE LABELED LOCAL MATCHING MONEY NOW AND WE GET INTO AN AGREEMENT
''LATER ON.
AFTER SOME DISCUSSION, ON MOTION BY COMMISSIONER SIEBERT,
SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO
DESIGNATE THE COUNTY CONTRIBUTION AS LOCAL MATCHING FUNDS TOWARDS THE
PURCHASE OF FIRE TRUCKS BY THE TOWN OF INDIAN RIVER SHORES.
ATTORNEY COLLINS REMINDED THE BOARD THAT AS OF THE FIRST
OF OCTOBER THERE WILL BE NO SPECIFIC ENTITY OF A PLANNING DEPARTMENT
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SEP 241975
8OUK. 23 . a : 467
SO HE HAS DRAWN UP A RESOLUTION CREATING AN INDIAN RIVER COUNTY
PLANNING DEPARTMENT AS A STOP -GAP UNTIL WE COME UP WITH A FORMAL PLAN.
HE READ THE PROPOSED RESOLUTION TO THE COMMISSIONERS.
SAL BRENNAN, PLANNING DIRECTOR, STATED THAT HE OBJECTED TO
THE USE OF THE WORD "INDEPENDENT."
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 75-61, STRIKING
OUT THE WORD "INDEPENDENT."
RESOLUTION NO. 75-61
WHEREAS, Indian River County is creating its own
Planning Department to serve the needs of the County and
other participating municipalities; and
WHEREAS, this Resolution is intended• to apply for
an interim period of time until a formal Ordinance or
Resolution is adopted at a later date;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY that the Indian
River County Planning Department is hereby created. The
Planning Director shall. be appointed by the. Board of County
Commissioners on an annual basis.
BE IT FURTHER RESOLVED that the functions and duties
of the Planning Department shall be to aid and assist the
Planning and Zoning Commissionand the Board of County Commis-
sioners in all zoning and planning related matters that
affect Indian River County.
Adopted: September 24, 1975
SEP 241975 eOOk 23 ,438
DEWEY WALKER, ZONING DIRECTOR, APPEARED BEFORE THE BOARD
TO DISCUSS THE SITUATION EXISTING AT THE FORMER HIBISCUS AIRPORT,
WHICH HAD BEEN REZONED FROM INDUSTRIAL TO R-2 MULTIPLE FAMILY IN 1973.
HE STATED MR. ORTH HAS CONTINUED TO USE THE BUILDINGS AND A LOT OF
PEOPLE WANT HIM CLOSED DOWN FOR VIOLATION OF THE R-2 ZONING, BUT HE
HASN'T CLOSED HIM DOWN BECAUSE THIS IS A NON -CONFORMING USE AND HE WOULD
LIKE SOME DIRECTION FROM THE BOARD TO STRAIGHTEN THIS PROBLEM OUT.
COMMISSIONER WODTKE STATED THAT HE FELT THEY ARE "GRAND-
FATHERED" IN, AND HE BELIEVED IT WAS THE UNDERSTANDING OF THE PEOPLE
AT HIBISCUS AIR PARK THAT THEY WOULD BE ALLOWED TO CONTINUE THE USE OF
THE BUILDINGS AFTER THE ZONING WAS CHANGED. HE SAID HE DID NOT KNOW
WHAT THE SPECIFIC COMPLAINTS WERE, BUT SUGGESTED THAT POSSIBLY DIGGING
A CULVERT TO STOP THE TRAFFIC THAT RUNS DOWN THE MIDDLE OF THE AIRFIELD
MIGHT HELP,
COMMISSIONER SIEBERT REMARKED THAT HE DID NOT FEEL YOU ARE
"GRAND -FATHERED" IN ON A CHANGE OF ZONING,
W. E. "KINKY" ORTH OF INDIAN RIVER FLYING SERVICE APPEARED
AND INFORMED.THE BOARD THAT THEY HAD CHANGED THE ZONING TO R-2 BECAUSE
OF THE CONSTANT BICKERING ABOUT THE INDUSTRIAL ZONING, HE CONTINUED
THAT WHEN THEY SOLD THE 30 ACRES WHICH HAD BEEN REZONED TO R-2, THE
TAXES WENT UP ENORMOUSLY AND THEY NEEDED THE BUSINESS GRAND -FATHERED
IN FOR INCOME TO PAY THE TAXES, MR, ORTH STATED THAT BOTH MR. BRENNAN
AND ATTORNEY BURCH HAD ASSURED HIM THAT IT COULD BE GRAND -FATHERED IN
WITH THE STIPULATION THAT YOU COULDN'T ADD ON TO IT, HE ALSO STATED
THAT HE COULDN'T PUT A CULVERT ON ANOTHER MAN'S PROPERTY. .
VAL BRENNAN, PLANNING DIRECTOR, STATED THAT HE DID TELL
SMR. ORTH THAT THE HANGARS WOULD BECOME A NON -CONFORMING USE AND HE
COULD CONTINUE TO USE THEM, BUT HE COULD NOT EXPAND THE USE OF THE
BUILDINGS.
DISCUSSION FOLLOWED IN WHICH IT WAS DECIDED THAT "GRAND-
FATHERED" WAS THE WRONG WORD TO BE USED IN THIS SLTUATION, AND NON-
CONFORMING USES WERE DISCUSSED,
CHAIRMAN LOY ASKED IF THE OWNER HIMSELF CHANGES THE ZONING,
WOULD IT STILL BE A NON -CONFORMING USE?
IT WAS DECIDED THAT THIS WOULD NOT MAKE ANY DIFFERENCE.
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SEP 2 41975
Rook 3 F 469
ATTORNEY COLLINS SUGGESTED THAT THE BOARD DECLARE THE
PROPERTY TO BE NON -CONFORMING BECAUSE OF REPRESENTATIONS THAT WERE
MADE TO MR. ORTH AND SIG LYSNE AT THE TIME OF REZONING.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
WODTKE, THE BOARD -UNANIMOUSLY DECLARED THE PROPERTY UNDER DISCUSSION
AT OLD HIBISCUS AIRPORT NON -CONFORMING,
ATTORNEY COLLINS INFORMED THE -BOARD THAT HE HAD RECEIVED FROM
THE COUNTY COORDINATOR GUIDELINES IN REGARD TO THE COMMUNITY DEVELOP-
MENT BLOCK GRANT PROGRAM THAT REQUIRE COMPLIANCE, HE AND ATTORNEY -
BROWN STUDIED THESE GUIDELINES AND REACHED THE CONCLUSION THAT TO DO
THIS PROGRAM EFFECTIVELY YOU WOULD HAVE TO HIRE ONE MAN TO WORK ON IT
EXCLUSIVELY.
ADMINISTRATOR JENNINGS STATED THAT HE HAD TALKED TO OFFICIALS
IN JACKSONVILLE ABOUT THIS PROGRAM AND TOLD THEM OF HIS CONCERN ABOUT
GOVERNMENTAL REGULATIONS. HE SAID HE TOLD THEM THAT THE ROAD AND BRIDGE
DEPARTMENT COULD BUILD ROADS FOR A GOOD DEAL LESS THAN THEY WOULD. BE
CONTRACTED FOR UNDER THIS PROGRAM AND ASKED IF THEY WOULD HAVE TO
CHANGE THEIR CHARGES ACCORDINGLY. THE ADMINISTRATOR STATED THAT HE
HAD BEEN INFORMED VERBALLY THAT IF GOOD ACCOUNTING RECORDS WERE KEPT
AND CHARGES MADE JUST AS THEY WOULD BE NORMALLY, IT WOULD BE ACCEPTABLE
UNDER THIS PROGRAM. •
ADMINISTRATOR JENNINGS STATED THAT HE FELT IT DEFINITELY
WOULD BE WORTH ANOTHER TRIP TO JACKSONVILLE TO DISCUSS THIS MATTER
FURTHER, AND THE BOARD AGREED.
ATTORNEY COLLINS ANNOUNCED THAT HE WILL PUBLISH THE TAX
ADJUSTMENT BOARD MEETING FOR OCTOBER 17, 1975, AT 9 O'CLOCK A.M.
CHAIRMAN LOY APPOINTED COMMISSIONER SIEBERT, COMMISSIONER
WODTKE AND HERSELF TO SERVE AS THE THREE COMMISSION MEMBERS ON- THE TAX
ADJUSTMENT BOARD.
ATTORNEY COLLINS STATED THAT HE HAD RECEIVED A REDRAFT OF
THE URBAN DEVELOPMENT UTILITIES CONTRACT FROM ATTORNEY CHARLES HERRING,
AND HE FELT THE CHANGES MADE TOOK OUT A LOT OF SECURITY FOR THE COUNTY
BUT HE HAD PASSED IT ON TO ADMINISTRATOR JENNINGS FOR REVIEW.
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SEP 2 41975
410
ROBERT FLECKENSTEIN APPEARED AND ASKED IF HE MIGHT SPEAK
IN REGARD TO THE OLD HIBISCUS AIRPORT MATTER.
MR. FLECKENSTEIN STATED THAT THE PROPERTY MR. ORTH HAD BEEN
TALKING ABOUT HAS BEEN FORECLOSED ON. THE BUYERS OF THIS PROPERTY HAD
PROMISED TO DEVELOP IT AT A DENSITY OF 8 OR 9 UNITS PER ACRE. Now,
HOWEVER, A NEW BUYER COULD LEGALLY DEVELOP IT AT 15 UNITS PER ACRE,
AND THIS IS WHAT THE RESIDENTS OF THE AREA ARE OBJECTING TO.
MUCH DISCUSSION FOLLOWED, AND IT WAS NOTED THAT THIS SAME
PROBLEM HAS ARISEN IN OTHER AREAS ALSO AND IT MIGHT BE A GOOD IDEA TO
REFER THEM TO THE ZONING COMMISSION FOR FURTHER STUDY,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
MASSEY, THE BOARD UNANIMOUSLY AGREED TO ASK THE ZONING COMMISSION TO
RESTUDY THE'HIBISCUS AIRPORT PROPERTY AND SEA OATS PROPERTY, KEEPING IN
MIND THE POSSIBILITY OF REZONING THEM DOWN TO A CLASSIFICATION BASED ON
THE DENSITY AS ORIGINALLY REQUESTED PRIOR TO THE ADOPTION OF THE NEW
ZONING ORDINANCE,
COMMISSIONER SCHMUCKER SUGGESTED THAT THE PROPERTY OWNERS BE
NOTIFIED OF THE BOARD'S ACTION, AND IT WAS POINTED OUT THAT THE ZONING
COMMISSION WOULD HAVE TO NOTIFY THEM.
ADMINISTRATOR JENNINGS STATED THAT HE HAD RECEIVED FROM
ATTORNEY COLLINS A WATER PURCHASE AGREEMENT DATED SEPTEMBER 18, 1975,
RROM.ATTORNEY CHARLES HERRING, AND THAT HE HAD SENT COPIES OF BOTH
THE OLD AND THE UP -DATED WATER PURCHASE AGREEMENT TO MR. CLAUDE GREENE
OF GAINESVILLE AND ASKED FOR HIS WRITTEN COMMENTS, WHICH HE HAS NOT
RECEIVED AS YET.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER
JWODTKE, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL REQUESTED
BY GEORGE STOKES, VETERAN SERVICE OFFICER, TO ATTEND THE ANNUAL MID-
WINTER CONFERENCE OF ALL COUNTY VETERAN SERVICE OFFICERS TO BE HELD
AT ST. PETERSBURG WEDNESDAY, OCTOBER 15, 1975 THROUGH FRIDAY, OCTOBER 17,
1975.
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SEP 2 41975 enok 23 411
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS FOR ROY A. DAVIs,
DR. HOWARD J. PRESTON, O. F. PIPPIN, ROBERT F. HAWKINS, SR+, AND GEORGE
CHARLES FOR PERMITS TO CARRY A CONCEALED FIREARM.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY APPROVED REMOVING THE FOLLOWING ITEMS
FROM THE LIST OF FIXED ASSETS, IN ACCORDANCE WITH CHAPTER 274, FLORIDA
STATUTES,
WINDOW AIR CONDITIONERS - WORN BEYOND REPAIR OR TRADE-IN ASSET #1066
AND #1109
CASH DRAWER - 16 YEARS OLD - OBSOLETE & DISCARDED ASSET #257
GAS FLOOR HEATERS - CONDEMNED (UNVENTED) ASSET #127, 272, 666, 1227,_ 1833
WOODEN DESK - UNUSABLE (1950) ASSET #1494
ADDRESSOGRAPH PLATE FILES - OBSOLETE SIZE - NO TRADE-IN
ASSET #540, 541, 544, 546, 547, 549, 550 & 551
ADDRESSOGRAPH MACHINE - OBSOLETE. NO TRADE-IN (10 TO 15 YEARS OLD)
ASSET #572
GRAPHOTYPE MACHINE - OBSOLETE e NO TRADE-IN (10 TO 15 YEARS OLD)
AssET #568
SPRAY PUMP (1956) OBSOLETE & BROKEN (1956) ASSET #1683
6 DRAWER CARD FILE - BROKEN, RUSTED OUT (1957) ASSET #713
JACK HOCKMAN, FINANCE OFFICER, DISCUSSED BUDGET MATTERS
PERTAINING TO ROCKRIDGE STREET LIGHTING DISTRICT, DR. FLOOD AND THE
COUNTY COMMISSIONERS.
COMMISSIONER SIEBERT GAVE A DETAILED REPORT ON THE RECREATION
PROGRAM AND TOLD THE BOARD OF THE NEW RATES PROPOSED BY THE CITY OF
-'VERO BEACH FOR COUNTY RESIDENTS, HE POINTED OUT THAT ABOUT 67% OF THE
PARTICIPANTS IN THE RECREATION PROGRAM ARE COUNTY RESIDENTS, AND HE FELT
WITH THE PROPOSED NEW RATES THIS PERCENTAGE WOULD DROP TO 32% OR LOWER
AS SOME OF THE FEES HAVE QUADRUPLED.
DISCUSSION FOLLOWED ON THE POSSIBILITY OF THE COUNTY TAKING
OVER SOME OF THE RECREATION PROGRAMS IF THE CITY WOULD DROP THEM AND
ALSO THE POSSIBILITY OF WORKING WITH THE SCHOOL BOARD IN REGARD TO SOME
RECREATION PROGRAMS.
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SEP 2 41975 NLiilk °3.:. 412
IT WAS AGREED TO SET UP ONE FURTHER WORKSHOP MEETING WITH
THE CITY OFFICIALS IN REGARD TO THE RECREATION PROGRAM, WHICH MEETING
WILL BE HELD THURSDAY, SEPTEMBER 25, 1975, AT 4 O'CLOCK P.M.
THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY HAVING
BEEN AUDITED WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND
WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: GENERAL FUND No.
4959 - 4998 INCLUSIVE; ROAD AND BRIDGE FUND N0. 2570 - 2592 INCLUSIVE;
AND FINE AND FORFEITURE. FUND No. 952 - 954 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 7:15 O'CLOCK P.M.
ATTEST:
LER K
SEP 2 4 1975
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A (4
CHAIRMAN
ROM 23