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HomeMy WebLinkAbout11/5/1975WEDNESDAY, NOVEMBER 5, 1975 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, NOVEMBER 5, 1975 AT 8:30 O'CLOCK A.M. PRESENT WERE ALMA LEE LOY, CHAIRMAN; WILLARD W..SIEBERT, JR., VICE CHAIRMAN; EDWIN S. SCHMUCKER; EDWARD J. MASSEY, AND WILLIAM C. WODTKE, JR. ALSO PRESENT WERE JACK G. JENNINGS, COUNTY AD- MINISTRATOR; L.S. "TOMMY" THOMAS, COUNTY COORDINATOR; JACK HOCKMAN AND VIRGINIA HARGREAVES, DEPUTY CLERKS. PAUL D. BURCH, ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS WAS ABSENT DUE TO ILLNESS AND GEORGE G.. COLLINS, JR., ATTORNEY SAT IN FOR HIM. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER WODTKE LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND FATHER JOHN B. O'HARE) OF ST. HELEN'S CATHOLIC CHURCH, GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 9, 1975. THERE WERE NONE AND ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 9, 1975, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 13, 1975. THERE WERE NONE AND ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 13, 1975, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF OCTOBER 22, 1975. THERE WERE NONE AND ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF OCTOBER 22, 1975, AS WRITTEN. DANA HOWARD OF CARTER ASSOCIATES, INC., APPEARED REPRESENTING VISTA PROPERTIES AND ASKED FOR TENTATIVE APPROVAL OF VISTA ROYAL'S FOREST PARK, PHASE I, SUBDIVISION. MR. HOWARD STATED THIS SUBDIVISION CONTAINS 32 HOME- SITES AND SAID THE SEWER AND WATER SYSTEM WILL BE CONSTRUCTED IN. THE RIGHT - OF WAY. NOV 51975 8001 24 PAGE ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THERMS A 25 FOOT EASEMENT AROUND THE GOLF COURSE WHICH WAS ELIMINATED BY THE SUBDIVISION REVIEW COMMITTEE, THEY NOW HAVE A 15 FOOT EAS2MENT INSIDE THE PROPERTY, THE CONDOMINIUM AREA USES THIS EASEMENT FOR DRAINAGE, UTILITIES AND FOR GOLF CARTS. THE ADMINISTRATOR CONTINUED THAT ALL RECOMMENDATIONS OF THE SUB- DIVISION REVIEW COMMITTEE HAVE BEEN TAKEN CARE OF. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF VISTA ROYAL'S FOREST PARK, PHASE I, SUBDIVISION, AS REQUESTED BY VISTA PROPERTIES. DANA HOWARD, OF CARTER ASSOCIATES, INC. NEXT APPEARED REPRESENTING GEORGE CHILDERS REQUESTING TENTATIVE APPROVAL OF REBELWOOD WEST SUBDIVISION, AND STATED THAT THIS HAS BEEN BEFORE THE SUBDIVISION REVIEW COMMITTEE AND ALL THEIR RECOMMENDATIONS HAVE BEEN MET, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF REBELWOOD WEST SUBDIVISION AS REQUESTED BY GEORGE CHILDERS, DANA HOWARD, OF CARTER ASSOCIATES, INC. AGAIN APPEARED REPRESENTING, JAMES MEADE, REQUESTING TENTATIVE APPROVAL OF BANYAN ACRES SUBDIVISION. MR, HOWARD HAD APPEARED BEFORE THE BOARD AT THE SEPTEMBER 24, 1975 MEETING AND STATED THAT THE PLAT OF BANYAN ACRES WAS GRANTED FINAL APPROVAL BY THE BOARD ON OCTOBER 23, 1974, AS A ONE -ACRE LOT SUBDIVISION, BUT THEY ARE NOW CHANGING THE SUBDIVISION TO ONE-HALF ACRE LOTS, ATTORNEY COLLINS STATED, AT THAT TIME, THAT THIS PLAT MUST BE VACATED, MR, HOWARD STATED THAT MR. MEADE WISHES TO ASK FOR TENTATIVE AP- PROVAL ONCE AGAIN SO THEY CAN PROCEED WITH CONSTRUCTION AND THEY WILL LATER COME BACK WITH A NEW PLAT AND VACATE THE PREVIOUS ONE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO BANYAN ACRES SUBDIVISION, SUBJECT TO VACATION OF THE PRIOR PLAT. ATTORNEY COLLINS INFORMED THE BOARD THAT SOME TIME AGO THE TOWN OF INDIAN RIVER SHORES,_ PURSUANT TO NEW FLORIDA STATUTE 125, ASKED THE BOARD OF COUNTY COMMISSIONERS TO SUBSTANTIATE THAT THERE WAS NOT DUAL TAX- ATION ON THE TOWN OF INDIAN RIVER SHORES, AND THEY HAVE NOW WITHDRAWN THEIR RESOLUTION MAKING THIS REQUEST, ATTORNEY COLLINS CONTINUED THAT THE TOWN OF INDIAN RIVER SHORES IS R2- NOV 51975 Haoi : 24 emu 98 BUILDING A FIRE STATION NEXT TO THEIR TOWN HALL, AND IN ANTICIPATION OF FUTURE COUNTY PLANS AND THE NEEDS OF THE TOWN, AN AGREEMENT HAS BEEN DRAFTED TRYING TO SET OUT THE RIGHTS OF THE VARIOUS PARTIES. HE NOTED THAT WHEN THE COUNTY BEGINS ITS COUNTYWIDE FIRE PROTECTION SYSTEM, THE TOWN OF INDIAN RIVER SHORES WILL LEASE THE COUNTY THEIR FIRE STATION, INCLUDING EQUIPMENT, FOR $1.00 A YEAR FOR 99 YEARS, WITH SOME SPECIFIC PROVISIONS ABOUT THE USE OF THE SECOND FLOOR', ATTORNEY COLLINS INFORMED THE BOARD THAT THIS AGREEMENT HAD ALREADY BEEN APPROVED AND SIGNED BY OFFICIALS OF THE TOWN OF INDIAN RIVER SHORES, AND WE COULD, THEREFORE, ENTER INTO A BINDING CONTRACT TODAY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED THE AGREEMENT FOR JOINT FIRE PROTECTION BET- WEEN INDIAN RIVER COUNTY AND THE TOWN OF INDIAN RIVER SHORES AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. NOV 51915 voao ft 1904 i P.h • NOV 5 1975 AGREEMENT FOR A JOINT FIRE PROTECTION - PROGRAM BETWEEN INDIAN RIVER COUNTY, FLORIDA AND THE TOWN OF INDIAN RIVER SHORES, FLORIDA THIS AGREEMENT made and entered into this 5th day of November , 1975, by and between the BOARD OF COUNTY COM- MISSIONERS, INDIAN RIVER COUNTY, FLORIDA, hereinafter referred to as "County", and the TOWN COUNCIL OF THE TOWN OF INDIAN RIVER SHORES, FLORIDA, hereinafter referred to as "Town", for and in consideration of the mutual covenants and conditions herein contained, hereby agree as follows: 1. Town and County agree that it is in the best interest of said Town and County to enter into a joint fire protection program with matching funds from each party according to the terms of this agreement. • 2. Town agrees to furnish a building for a new fire station along with the land on which said building is located, described as Tract 3, Fred Tuerk Municipal Center, according to plat thereof filed in Plat Book 9, page 22, Indian River County public records. Said building shall be completed substantially in accordance with architectural plans as drawn by James E. Gibson, Architect, a copy of which is attached hereto as Exhibit "1". 3. Town also agrees to initially equip said fire station with a minimum of one 1,000 gallons per minute pumper and one tanker with both of said pieces of equipment fully furnished and equipped for fire fighting services. 4. Town agrees to. operate and staff said fire station when completed • until County notifies Town in writing that it intends to take over Town's fire station and equipment and begin operation of the same. 5. Town further agrees that when County begins operation of a county -wide fire protection system, Town agrees to lease to County for the •sum of $1. 00 per year, the entire first floor section of said fire station along with Tract 3, Fred R. Tuerk Municipal Center, and all of the equipment SHARP, JOHNSTON & BROWN, ATTORNEYS AT LAW, VERO BEACH, FLORIDA 8-00( 24 pt4cl1al NOV 51975 located therein being used for fire protection services. In addition, Town agrees to give to County a non-exclusive easement on, over and across Alex MacWilliam, Jr. Lane for the purpose of ingress and egress to said property. 6. Town agrees that the term of said lease shall be for a minimum period of 99 years from the date County takes over operation of said fire station. 7. County agrees that Town shall have the use of the second floor portion of said building until County needs said space for expansion purposes. County also agrees to give Town one year's notice to vacate that portion of said second floor needed by County for expansion. 8. Town agrees that as long as Town is operating said fire station, Town shall provide its own insurance and shall take care of all utilities and all maintenance and repairs, both to the building and property and to the equipment. County agrees that when County takes over said fire station and service, County shall name the Town as an additional insured on all insurance policies carried by County on the building, property and equipment. County further agrees that at the time of said take over it shall also be responsible for all maintenance and repair to that portion of the building used by County and all equipment located therein. County further agrees that there shall be at the time of take over separate electrical meters for_ each party and that County will pay for all water usage within said fire station complex. 9. Town and County agree that for the initial funding of said fire station and equipment that Town will provide $135, 000.00 in matching funds :and County will provide $50, 000.00 in matching funds. 10. Town agrees that County may designate from time to time the area to be serviced by said fire department and that said designation may be made at any time after said fire station begins operation. -2- SHARP, JOHNSTON & BROWN, ATTORNEYS AT LAW, VERO BEACH, FLORIDA eoox C4 PArf.$01 IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals, the day and year first above written. Signed, Sealed and Delivered in the presence of: BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUN Y, FLAW DA By: NOV 51975 Alma Lee Loy, Cha Ralph4larris, Clerk TOWN COUNCIL OF THE TOWN OF INDIAN RIVEORES, F ORIDA By:NA 1 t\ /22f4--.6 ioj,f ,p1}),-Lt1I Atte As to "T." Roland B. Miller, Mayor J. W. C ung, Town IL erk SHARP, JOHNSTON & BROWN, ATTORNEYS AT LAW, VERO BEACH, FLORIDA iraut 24 ? Cf-iO2 ATTORNEY COLLINS NEXT DISCUSSED A PROPOSED PUBLIC PARK TO BE LOCATED WITHIN THE TOWN OF INDIAN RIVER SHORES ON PROPERTY KNOWN AS THE VERO BEACH TRACKING STATION. HE STATED THAT THERE HAS PREVIOUSLY BEEN SOME ARGUMENT ABOUT THE RIGHTS TO THE."TRACKING STATION" PROPERTY, BUT THIS HAS.NOW BEEN RESOLVED AND A .JOINT RESOLUTION BETWEEN INDIAN RIVER COUNTY AND THE TOWN OF INDIAN RIVER SHORES HAS BEEN PREPARED. THE GIST OF THIS RESOLUTION IS THAT THE TOWN PARK ORDINANCE AS IT PRESENTLY EXISTS WILL CONTROL, BUT TITLE TO THIS "TRACKING STATION" PROPERTY WILL BE PLACED UNDER THE JURISDICTION OF THE COUNTY. ATTORNEY COLLINS NOTED THAT THIS IS THE FIRST STEP IN OBTAINING THIS PROPERTY FROM THE FEDERAL GOVERNMENT. COMMISSIONER WODTKE ASKED IN THE EVENT THE TOWN OF INDIAN RIVER SHORES ALTERS THEIR PARK ORDINANCE, WOULD WE HAVE TO ABIDE BY THE CHANGE? ATTORNEY COLLINS STATED THAT THE WORDING OF THE RESOLUTION READS THAT WE WILL BE BOUND BY "EXISTING" TOWN ORDINANCES, WHICH SHOULD COVER THIS SITUATION, AND POINTED OUT THAT TITLE TO THIS PROPERTY WILL BE IN THE COUNTY'S NAME. A MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COM- MISSIONER SIEBERT, TO ACCEPT THE .JOINT RESOLUTION Nos. 75-70 AND 160 BETWEEN INDIAN RIVER COUNTY AND THE TOWN OF INDIAN RIVER SHORES PROVIDING FOR COOPERATION IN THE PROCUREMENT, OPERATION AND REGULATION OF A PUBLIC PARK WITHIN THE TOWN OF INDIAN RIVER SHORES. COMMISSIONER SIEBERT NOTED THAT THIS RESOLUTION IS THE CULMINATION OF ABOUT FOUR YEARS WORK AND STATED HE FEELS WE WILL WORK WITH THIS AGREEMENT AND DEVELOP THE "TRACKING STATION" SITE INTO A PARK THAT NOT ONLY THE COUNTY CAN BE PROUD OF, BUT ALSO THE TOWN OF INDIAN RIVER SHORES. THE CHAIRMAN CALLED FOR THE MOTION. THE BOARD VOTED IN FAVOR OF THE MOTION AND THE MOTION WAS UNANI- MOUSLY CARRIED, 7 NOV 51975 I� Boot 24 ear[ 103 NOV 51975 INDIAN RIVER COUNTY RESOLUTION No. 75-70 RESOLUTION NO. 160 A JOINT RESOLUTION PROVIDING FOR COOPERATION BETWEEN INDIAN RIVER COUNTY, FLORIDA, AND THE TOWN OF INDIAN RIVER SHORES, FLORIDA, IN THE PROCUREMENT, OPERATION AND REGULATION OF A PUBLIC PARK WITHIN THE TOWN OF INDIAN RIVER SHORES, FLORIDA WHEREAS, the Board of County Commissioners of Indian River +: County, Florida, and the Town Council of the Town of Indian River Shores, Florida, desire to cooperate to the fullest extent in the procurement and development of a public park at the Vero Beach Tracking Station property located within the Town of Indian River Shores, Florida; and WHEREAS, both parties agree to fully comply with all regulations promulgated by every governmental agency; and WHEREAS, both parties agree that title to said property shall be taken in the name of Indian River County, Florida; and WHEREAS, Indian River County, Florida, agrees to maintain said park in the highest standards in compliance with all existing ordinances of the Town of Indian River Shores, Florida. NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners of Indian River County, Florida, and the Town Council of the Town of Indian River Shores, Florida, do hereby agree to cooperate in the development of a public park at the site of the Vero Beach Tracking Station. m 1, the undersigned Town Clerk of the Town of Indian River Shores, Florida, certify the foregoing to be a true copy of a Resolution duly adopted by the Town Council of said Town at a meeting held on the 3rd day of November, 1975. SHARP, JOHNSTON & BROWN, ATTORNEYS AT LAW, VERO BEACH, FLORIDA an o24 NAr f 104 NOV 51975 I, the undersigned Clerk of Indian River County, Florida, certify the foregoing to be a true copy of a Resolution duly adopted by the Board of County Commissioners of Indian River County, Florida, at a meeting held on the 5th day of • November , 1975. �Verfc • SHARP, JOHNSTON 8 BROWN, ATTORNEYS AT LAW, VERO BEACH, FLORIDA eo�‘ . 24 :PACE iO5 L CHAIRMAN LOY READ THE FOLLOWING LETTER AND THE BOARD REQUESTED THAT IT BE MADE A PART OF THESE MINUTESe NOV 5 19 75 TOWN OF INDIAN RIVER SHORES 6001 NORTH A -1-A INDIAN RIVER SHORES, FLORIDA 32960 Telephone: AC 305-562-1736 Honorable Lawton Chiles United States Senator Room 2107 New Senate 'Office Building Washington, D.C. 20510 Dear Lawton: Arra.. . .• .. +...,..ffirs. or..- 14$4.3..,r October 30, 1975 You will recall several weeks ago during our telephone conversation to you that I had reasons to believe that the park problem would be resolved within the next few weeks, and please be advised that some time within the next two or three weeks the Board of County Commis- sioners and the Town Council of Indian River Shores will make an agreement for the installation of the park. It is my understanding that the State of Florida has agreed for the land swap with the Air Force and that this deal is now in the Air Force Office, waiting for disposition,so in the meantime, you are in position .to know that there is no further disagreement between Indian River County and the Town of Indian River Shores, as the park will be run jointly. I happened to be in Lakeland a couple of weeks ago and had a nice visit with your mother and she looks real well. 10 - Yours vel y truly, Roland B. Miller BOOK 24 Pgr 106 PAUL D. BURCH, ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS ENTERED THE MEETING AT 9:25 O'CLOCK A.M. THE ADMINISTRATOR STATED THAT HE HAD A RESOLUTION FOR THE DEPARTMENT OF TRANSPORTATION TO BE APPROVED IN ORDER TO TRANSFER TO THE STATE A PARCEL OF•LAND ALONG STATE ROAD 60, FROM 20TH AVENUE TO INDIAN RIVER BOULEVARD. THIS IS FOR DEEDING ANY EXISTING RIGHTS AND INTEREST WE HAVE ON AN ALREADY EXISTING STATE ROAD. . .ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY) THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 75-69 APPROVING DEED TO THE DEPARTMENT OF TRANSPORTATION FOR PARCEL 100) SECTION #$8060-2509, STATE ROAD 60, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN, 11 NOV 51975 Be pi 10. . 21 (Rev. 12-1-72) PARCEL NO. -100.1' SECTION 88060-2509 STATE ROAD NO. 60 COUNTY INDIAN RIVER FAP NO. COUNTY RESOLUTIUN 75-69 ON MOTION of Commissioner Schmucker , seconded by Commissioner Massey , the following Resolution was adopted: WHEREAS, the State of Florida Department of Transportation proposes to construct and improve State Road No_ 60 , Section 88060-2509 in Indian River County, Florida: and WHEREAS, it is necessary that certain lands now owned by Indian River County be acquired by the State of Florida for the use and benefit of the State of Florida Department of Transportation; and WHEREAS, said property is not needed for County purposes; and WHEREAS, the State of Florida Department of Transportation having made application to said County to execute and deliver to the State of Florida Department of Transportation a deed or deeds in favor of the State of Florida, conveying all rights, title and interest that said County has in and to said lands required for right of way for said State Road, and said request having been duly considered. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of River County that the application of the State of Lull= Florida Department of Transportation for a deed or deeds is for right of way pur- poses which is in the public or community interest and for public welfare and the land needed for right of way and other road purposes is not needed for County pur- poses; that a deed or deeds in favor of the State of Florida conveying all right, title and interest of Indian River County in and to said lands required for right of way and other road purposes should be drawn and executed by this Board of County Commissioners. Consideration shall be $ 10.00 BE IT FURTHER RESOLVED that a certified copy of this Resolution be for— warded forthwith to the State of Florida Department of Transportation at Tallahassee, Florida. STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that the foregoing is a true copy of a Resolution adopted by the Board of County Commissioners of Indian River . County, Florida at a meeting held on the 5th day of Novemhr , A.D. 1975 Clerk of tjat' Board f County Commissioners of_----__.--Indica River - County, Florida NOV 5 1975 }-OL F'A r{ 1 (Rev. 10-1-75) 1427 15800 COUNTY DEED OFFICIAL RECO!D BOOK 503 PAc€11.6 PARCEL NO. 100.1 SECTION 88060-2509 STATE ROAD NO. 60 COUNTY INDIAN RIVER FAP NO. THIS DEED, mads this 5th day of November ,•A.D. 19 75 by Indian River County, Florida, party of the first part, and mate_o_Ltuzigulttar, party of the send part. WITNESSETH: that the said party of the first part, for and in consideration of the sum of $ 10.00 to it in hand paid by the party of the second part, receipt whereof is hereby acknowledged, has granted, bargained and sold to the party of the second party, land lying and being in PARCEL NO. 100 his heirs and assigns forever, the following described Indian River County, Florida: SECTION 88060-2509 All the Rights and interests of Indian River County into dedicated and used State Road 60 from NW 20 Ave. to Indian River Blvd. as now.esists and portions of other dedicated streets lying within the Right -of -Way as shown on the Right -of -Way Map for Section 88060-2509, State Road 60, Indian River County, Florida. s THIS INSTRUMENT PREPARED BY Yrd-ad Yeez"16°- BATED 0 C T 2 01975 STArE OF FLORIDA • DEPARTMENT OF TRANSPORTATION FORT LAUDERDALE. FLORIDA DESCRIPTION APPROVED WITNESS WHEREOF, the said party of the first part has caused these presents to be executed in its name by its Board of County Commissioners acting by the Chairman or Vice -Chairman of said Board, the day and year aforesaid. •e (OFFICIAL SEAL) ATTEST: Clerk (or Deputy Clerk) Circuit Court Indian River COUNTY, FLORIDA By its poIrd of Co By Its Chairman (or Vice -Chairman) NOV 51975 AR 24 PAdddO9 ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT IN LAST YEARS TELE- PHONE DIRECTORY, THE TELEPHONE LISTINGS OF DEPARTMENTS IN THE COURTHOUSE HAD BEEN SOMEWHAT CONFUSING AND, IN FACT, THE ADMINISTRATOR, TAX COLLECTOR AND SUPERVISOR OF ELECTIONS TELEPHONE NUMBERS HAD NOT BEEN LISTED. HE SUGGESTED PREPARING A LETTER TO BE SENT TO EACH DEPARTMENT HEAD IN THE COURTHOUSE ASKING THEM HOW THEY WOULD LIKE TO BE LISTED, SO T4AT THE NEW TELEPHONE DIRECTORY COULD BE SET-UP PROPERLY. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR TO PREPARE A LETTER ASKING EACH DEPARTMENT HEAD IN THE COURTHOUSE HOW THEY WOULD LIKE TO BE LISTED IN THE NEW TELEPHONE DIRECTORY. THE ADMINISTRATOR STATED THAT HE HAD BEEN ASKED TO CHECK INTO THE NEED FOR HAVING A SIGNAL LIGHT AT 8TH STREET (GLENDALE ROAD) AND 2OTH AVENUE. HE CONTINUED THAT HE DOES FEEL THIS LOCATION WARRANTS A BLINKER SIGNAL AND THAT THERE IS ONE IN STOCK THAT COULD BE INSTALLED FOR APPROXIMATELY $200 TO $250. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED'THE INSTALLATION OF A BLINKER SIGNAL AT 8TH STREET (GLENDALE ROAD) AND 2OTH AVENUE, AS OUTLINED BY THE COUNTY ADMINISTRATOR. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED OUT -OF -COUNTY TRAVEL TO COMMISSIONER SIEBERT AND THE COUNTY ADMINISTRATOR TO ATTEND A MEETING WITH DEPARTMENT OF TRANSPORT- ATION OFFICIALS IN FORT LAUDERDALE, AT A TIME AND DATE TO BE ARRANGED, DURING THE WEEK OF NOVEMBER 10, 1975. CHARLES SULLIVAN, ATTORNEY REPRESENTING LEROY BROWN, APPEARED REGARDING A RENEWAL PERMIT TO CARRY A CONCEALED. FIREARM WHICH MR, BROWN HAD REQUESTED AND WHICH HAD BEEN TABLED AT THE PREVIOUS BOARD MEETING. MR. SULLIVAN STATED THAT MR. BROWN HAS BEEN A LONG-TIME RESIDENT OF THIS COUNTY AND HAS NO LEGAL CONVICTIONS AGAINST HIM. MR. BROWN OWNS AP- PROXIMATELYFIFTY HOUSES IN GIFFORD ON WHICH HE COLLECTS RENT AND IS ONE OF THE LARGEST TAXPAYERS IN THE COUNTY, MR. SULLIVAN CONTINUED THAT THERE IS .A HIGH CRIME RATE IN GIFFORD, AND HE FELT MR, BROWN WOULD BE A PRIME CANDIDATE TO BE ROBBED WHEN HE MAKES HIS COLLECTIONS, HE HAS ALREADY BEEN ROBBED AND SHOT. 14 - NOV 51975 BOax COMMISSIONER. SIEBERT SAID THE BOARD HAD HEARD THERE WAS PENDING LEGAL ACTION AGAINST MR. BROWN, ATTORNEY SULLIVAN STATED THAT THE CHARGES HAVE BEEN DISMISSED AND THERE ARE NO CHARGES AGAINST MR. BROWN AT THIS TIME. , ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY,. THE BOARD UNANIMOUSLY GRANTED A RENEWAL PERMIT TO CARRY A CONCEALED FIREARM TO LEROY BROWN. THE ADMINISTRATOR INFORMED THE BOARD THAT WE HAVE RECEIVED A TITLE SEARCH ON PARCELS OF PROPERTY ALONG NORTH GIFFORD ROAD BETWEEN U.S. 1 AND INDIAN RIVER BLVD., BUT IN VIEW OF ENVIRONMENTAL -PROBLEMS FROM BARBER AVENUE NORTH, HE WOULD LIKE AN OPINION FROM THE BOARD AS TO WHETHER THEY WANT TO BE- COME INVOLVED WITH THE ACQUISITION OF RIGHT-OF-WAY ALONG NORTH GIFFORD ROAD, AT THIS TIME. ATTORNEY BURCH STATED THAT SOME OF THE OWNERS OF THE PROPERTY HAVE INDICATED TO HIM THAT THEY WILL DONATE RIGHTS-OF-WAY WHEN IT IS TIME TO BUILD THE ROAD. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AGREED.TO PUT A HOLD ON ACQUIRING -RIGHTS-OF-WAY ALONG NORTH GIFFORD ROAD BETWEEN U.S.1 AND INDIAN RIVER BLVD. FOR A YEAR AND THEN REASSESS THE MATTER. CHAIRMAN- LOY INFORMED THE BOARD THAT WE HAVE RECEIVED A LETTER FROM R..J.SCENT, REAL ESTATE BROKER, REPRESENTING ZAPF GROVES WHO ARE. INTERESTED IN PURCHASING COUNTY PROPERTY IN INDIAN RIVER FARMS COMPANY SUBDIVISION. ADMINISTRATOR JENNINGS STATED THAT THIS IS PROPERTY LYING JUST NORTH OF KINGSBERRY ROAD WHERE THE COUNTY ORIGINALLY HAD A BORROW PIT, WHICH - WAS FILLED IN AND USED AS A STUMP DUMP. IT IS NOT NOW BEING USED, AND THERE HAVE BEEN SEVERAL REQUESTS TO PURCHASE IT. -HE NOTED THAT ZAPF GROVES OWNS PROPERTY ON BATH SIDES OF THE PIECE OF PROPERTY BEING DISCUSSED. COMMISSIONER SIEBERT SAID HE FELT THIS PIECE OF PROPERTY SHOULD BE DISPOSED OF AND PLACED BACK ON THE TAX ROLLS. AFTER DISCUSSION, A MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY. AGREED TO DISPOSE OF THE PARCEL OF PROPERTY DESCRIBED ON THE TAX RECORD AS: 13-32-39, 01 0130 001 0, 8.06 ACRES, 8,060, INDIAN RIVER FARMS COMPANY SUBDIVISION PBS 2-12, WEST 9.2 ACRES OF EAST 19.2 ACRES OF TRACT 13 LESS WEST 25.54 FEET; 15 - NOV 51975 PAGEif AND INSTRUCTED THE ATTORNEY TO OBTAIN AN APPRAISAL AND THEN ADVERTISE FOR BIDS IN ORDER TO SELL THIS PROPERTY DESCRIBED ABOVE, THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ .THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a Ain the matter of in the lashed in said newspaper in the issues of Court, was pub - Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has. heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. - Sworn to and subscribed before me this 4%20 • . of _� -+ '_ -_ A.D._/ / o 7— (SEAL (Busin 'Manager) =161.044.e'd--- (Clerk of theCircuit Court, Indian River County, Florida) NOTICE NOTICE is hereby given that the Board of County Commissioners of Indian River County, Florida, will receive sealed bids for the sale of a used mimeograph machine to the highest bidder up to the hour of 9:30 A.M. on Wednesday, November 5, 1975. Bids will be opened at that time in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida. Machine may be seen at the offices of the County Ad- ministrator. The Board reserves the right to relect any and all bids. Bids shall be marked "Bids for Mimeograph Machine, Open Date 11-5.75" and forwarded to Jack G. Jennings, County Administrator, Room 115, Courthouse. Jack G. Jennings County Administrator Oct. 19, 1975. THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: VERO BEACH BRANCH OF AMERICAN UNIVERSITY WOMEN AMERICAN LEGION AUXILIARY OF SEBASTIAN $25.00 25.00 COMMISSIONER SIEBERT MADE A MOTION TO ACCEPT THE BID OF VERO BEACH BRANCH OF AMERICAN UNIVERSITY WOMEN AS HE THOUGHT THEIR MEMBERSHIP.WAS A LITTLE GREATER, THE MOTION DIED FOR LACK OF A SECOND, 16 NOV 51975 BOo `-24 -44.12 ATTORNEY BURCH STATED THAT WE SHOULD WRITE THE TWO BIDDERS EXPLAINING THE CIRCUMSTANCES AND POSSIBLY THE MATTER WOULD RESOLVE ITSELF, BUT IT WOULD BE HIS RECOMMENDATIO((TO HAVE THEM RE -BIS). ON MOTION B' COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO TABLE THE BID ON THE USED MIMEOGRAPH MACHINE UNTIL THE NEXT MEETING AND HAVE THE ADMINISTRATOR ASK THE TWO BIDDERS TO EITHER RESOLVE THE SITUATION OR SUBMIT ANOTHER BID, ATTORNEY COLLINS HAD QUESTIONS' IN REGARD TO THE SETTING UP OF A COUNTY RECREATION PROGRAM AND WONDERED IF IT WAS TO BE FOR A SPECIFIC AREA QR THE WHOLE COUNTY, it MENTIONED TWO ALTERNATIVES - FLORIDA STATUTE 418 HAS PROVISIONS FOR PASSING OF A BOND ISSUE FOR PURCHASE OF RECREATION FACILITIES, HIRING PERSONNEL, ETC. IF, HOWEVER, IT IS DESIRED TO HAVE A TAX LEVIED, 5% OF THE QUALIFIED VOTERS OF THE COUNTY MUST FILE A PETITION, AND THE TAX IS LIMITED UP TO ONE MILL, ATTORNEY BURCH INFORMED THE BOARD THAT THEY ALSO HAD THE OPTION OF SETTING UP A SPECIAL TAXING DISTRICT FOR METROPOLITAN TYPE SERVICES WITHOUT A REFERENDUM AND IT WOULD NOT HAVE TO GO UNDER THE EXISTING 10 MILL CAP. MUNICIPALITIES WOULD HAVE TO JOIN IN BY ORDINANCE. COMMISSIONER SIEBERT STATED THAT HE FELT WE ARE COMMITTED TO A REFERENDUM. THE BOARD AGREED THAT THE PUBLIC MUST BE FULLY INFORMED BEFORE THIS MATTER IS PUT ON A BALLOT, AND THERE ARE MANY QUESTIONS TO BE RESOLVED BEFORE GOING ANY FURTHER, CHAIRMAN LOY ASKED WHETHER IT WAS THE CONSENSUS OF THE BOARD THAT A RECREATION DISTRICT INVOLVE THE ENTIRE COUNTY, DISCUSSION AROSE ON WHETHER IT WAS FAIR TO INCLUDE THE AREA WEST OF 1-95 AND IMPOSE A TAX ON LARGE ACREAGES MAINLY AGRICULTURAL. COMMISSIONER SIEBERT STATED THAT HE HAD ATTENDED A MEETING IN SEBASTIAN WHERE IT WAS CONTEMPLATED THAT SCHOOLS WOULD PARTICIPATE MORE AND MORE IN COMMUNITY RECREATION ACTIVITIES.WITH THEIR EXISTING FACILITIES, HE CONTINUED THAT HE FELT IT WOULD BE WORTHWHILE TO HAVE AN EMPLOYEE PRE- FERABLY A PROFESSIONAL, DO AN INVENTORY OF EXISTING RECREATIONAL FACILITIES, EQUIPMENT AND PROGRAMS AND PREPARE SOMETHING TO WORK FROM TO DECIDE ON PRIORITIES AND COME UP WITH AN IDEA OF COST AND THE AVAILABILITY OF FACILITIES AND EQUIPMENT, COMMISSIONER SIEBERT STATED THAT THIS WOULD DEFINITELY BE TOO MUCH -17- NOV 51975 BIM 2 put13. FOR ONE COMMISSIONER TO HANDLE AND HE DID NOT FEEL THAT THE PLANNING DE- PARTMENT HAS THE STAFF TO HANDLE THIS AS HE FELT IT WOULD REQUIRE SOMEONE FULL-TIME TO GATHER ALL THIS INFORMATION, CONTACT OTHER COMMUNITIES REGARDING THEIR PROGRAMS, ETC., AND GET IT READY FORA REFERENDUM; ESPECIALLY AS ALL 'THIS SHOULD BE DONE BEFORE THE MIDDLE OF .JANUARY. IT WAS AGREED TO DISCUSS THIS MATTER WITH VAL BRENNAN, PLANNING DIRECTOR, LATER IN THE MEETING, IN ORDER TO RECEIVE HIS RECOMMENDATIONS. CHAIRMAN LAY SUGGESTED POSSIBLY WE SHOULD HAVE A STRAW BALLOT, ASKING PEOPLE IF THEY WOULD WANT TO SUPPORT A SPECIAL TAXING DISTRICT FOR RECREATIONAL PURPOSES AND THEN BASED ON1HEIR DECISION, MOVE FORWARD ON THAT IDEA. SHE CONTINUED THAT, SHE FEELS -THE PROGRAM SHOULD BE VERY BASIC AND MINIMAL TO :START.. COMMISSIONER SIEBERT STATED THE COUNTY COMMISSION SHOULD BE THE SUPERVISOR OF ANY RECREATION PROGRAM SET UP. ATTORNEY COLLINS ASKED FOR THE BOARD'S COMMENTS REGARDING A RE- CREATION AGREEMENT BETWEEN THE COUNTY AND THE CITY OF VERO BEACH FOR THE 1975-76 BUDGET YEAR. .THE BOARD DISCUSSED THIS AGREEMENT AND IT WAS GENERALLY AGREED TO DELETE PARAGRAPH 5. SPONSORSHIP FEES WERE DISCUSSED AND COMMISSIONER WODTKE STATED THAT THE CITY HAD SAID, "IF IT WASN'T CHARGED LAST YEAR, IT WOULDN'T BE CHARGED THIS YEAR." HE FELT WE SHOULD HAVE A STATEMENT IN THE AGREEMENT THAT SPONSORSHIP FEES WILL NOT EXCEED CHARGES OF THE 1974-75 RECREATION AGREEMENT. ON MOTION BYJCOMMISSIONER SIEBERT, SECONDED BY. COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED THE RECREATION AGREEMENT*BETWEEN THE COUNTY AND THE CITY OF VERO BEACH FOR 1975-76, SUBJECT TO THE DELETION OF PARAGRAPH 5 AND SUBJECT TO THE INCLUSION OF A STATEMENT AGREEING THAT SPONSORSHIP FEES WILL NOT EXCEED CHARGES OF THE 1974-75 AGREEMENT. THE AGREEMENT WHEN CORRECTED AND FULLY SIGNED•WILL BE MADE A PART OF THE MINUTES, ATTORNEY COLLINS PRESENTED AN AMENDMENT TO THE AGREEMENT BETWEEN THE ECONOMIC OPPORTUNITIES COUNCIL OF INDIAN RIVER COUNTY, FLORIDA AND THE COUNTY WHICH WILL ALLOW THE E.O.C. TO MAKE SEMI-ANNUAL REPORTS TO THE BOARD INSTEAD OF QUARTERLY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER THE BOARD UNANIMOUSLY APPROVED AN AMENDMENT TO THE AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE ECONOMIC OPPORTUNITIES COUNCIL, DATED JANUARY 10, 1973, ALLOWING THEM TO MAKE SEMI-ANNUAL REPORTS INSTEAD OF QUARTERLY. -18- N OV 51975 -800K 24 �Ac[114 AMENDMENT THIS AMENDMENT Made and entered into this 5th day of November , 1975, by and between THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, hereinafter referred to as "Board" and ECONOMIC OPPORTUNITIES COUNCIL OF INDIAN RIVER COUNTY, FLORIDA, hereinafter called "E.O.C.". WHEREAS, on the 10th day of January, 1973 the Board and E.O.C. entered into an Agreement; and WHEREAS, it is the desire of the parties to amend said Agreement entered into on the 10th day of January, 1973. NOW, THEREFORE, the parties hereto agree to amend that said Agreement by deleting Paragraph 11 of said Agreement and substituting the following: "11. The E.O.C. agrees to make semi-annual reports to the Board concerning the utilization of the property, which reports will contain: (a) Number of days property is utilized. (b) Number of participants. (c) Number of days the property is utilized by other non-profit community groups. (d) Income or donations derived from utilization of the property. (e) Expenditures on the property. IN WITNESS WHEREOF,the Board and E.O.C. have hereunto by their authorized representatives, set their hands and seals the day and year first above written. NOV 51975 BOARD OF COUNTY COMMIgSIONERS OF INDIAN RIVER BY: &Lz -ef Alma Lee Loy, Chairm .toe Ralph H rris, Clerk ECMIC OPPORTUNITIES COCIL QF II DI RIVE 7N'�Y, FI�A C " r Attest: �:r�,2, Hr ) , eoot 24 c�.35 ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAD RECEIVED COMPLAINTS FROM TWO RESIDENTS OF SUMMERPLACE IN REGARD TO A WATER PROBLEM. APPARENTLY, MCCULLERS WELL DRILLING,"SOME YEARS AGO, DRILLED A DEEP WELL ON A COUNTY EASEMENT, WITHOUT A PERMIT OR FRANCHISE AND HAS BEEN SERVICING THE PEOPLE 'WITH UNPALATABLE WATER AND COLLECTING FEES. THIS MATTER SHOULD BE CLEARED UP FROM A FRANCHISE POINT OF VIEW AS WELL AS WITH REGARD TO THE COMPLAINTS. ADMINISTRATOR JENNINGS STATED THE WELL IS IN THE EASEMENT AND.THE EASEMENT IS FOR UTILITIES, ETC. AFTER FURTHER DISCUSSION, IT WAS AGREED TO REFER THIS MATTER BACK TO TO THE ADMINISTRATOR AND ATTORNEY FOR MORE RESEARCH. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS PREPARED A TRIPARTITE AGREEMENT BETWEEN VERO MED, THE COUNTY AND THE CITY OF VERO BEACH, HE STATED THAT B.T. COOKSEY, ATTORNEY REPRESENTING VERO MED, HAD WRITTEN HIM IN REGARD TO RELEASING A 40 ACRE PARCEL, AND IT WAS HIS FEELING THAT IT WOULD BE BETTER TO JUST RELEASE THE AREA AROUND THE BUILDINGS RATHER THAN THAT AMOUNT. THE ADMINISTRATOR STATED THAT ATTORNEY COOKSEY HAS REQUESTED TO BE PLACED ON THE AGENDA FOR THE NEXT MEETING OF NOVEMBER 19TH AND THE BOARD AGREED TO HOLD THIS MATTER UNTIL THAT TIME, ATTORNEY COLLINS STATED THAT IN REGARD TO THE URBAN DEVELOPMENT UTILITIES WATER PURCHASE CONTRACT, HE HAS REVISED THE AGREEMENT, REVIEWED THE REVISIONS WITH EACH COMMISSIONER INDIVIDUALLY, EXCEPT COMMISSIONER MASSEY WHO WAS ON VACATION, AND THEN MAILED COPIES OF IT TO CLAUDE GREENE AND ATTORNEYS OF FARMERS HOME ADMINISTRATION, AND ATTORNEY CHARLES HERRING, WHO IS REPRESENTING U.D.U. ATTORNEY COLLINS STATED THAT HE SPOKE WITH MR, GREENE YESTERDAY AND AT THAT TIME HE HAD STILL NOT RECEIVED THE AGREEMENT WHICH HAD BEEN MAILED THE PAST FRIDAY MORNING. ATTORNEY COLLINS THEN DISCUSSED SOME OF THE REVISIONS HE HAD MADE IN THE AGREEMENT. THE MAJOR INTENT IS TO MAKE IT A TWO-TIERED ARRANGEMENT. •IT WILL FIRST BE SET UP TO SERVE THE EXISTING CUSTOMERS PLUS MIDDLE 6 AND MIDDLE 7 SCHOOLS AND SIX MONTHS LATER, EXISTING STRUCTURES NOT PRESENTLY ON THE SYSTEM WILL BE GIVEN AN OPPORTUNITY TO HOOK-UP. AFTER THAT, UPON UPGRADING OF THE SEWER SYSTEM, U.D.U. WILL BE ALLOWED TO MAKE WATER AVAILABLE TO A THIRD PARTY. OTHER THAN THESE REVISIONS THE AGREEMENT IS PRETTY MUCH IN ITS ORIGINAL FORM. -20m NOV 51975 ;oil 24 PAGfii8 ATTORNEY HERRING MADE COMMENTS ON THE AGREEMENT AS REVISED BY ATTORNEY COLLINS, HE STATED HE WOULD HAVE A PROBLEM LIVING WITH IT AND QUESTIONED WHETHER F.H.A. WOULD ACCEPT IT. HE CONTINUED THAT IT WOULD TAKE FOUR TO EIGHT MONTHS TO PUT IN THE WATER PLANT AND FOR PEOPLE TO BEGIN TO BE.SERVED, AND NOTED THAT THE WAITING PERIOD IN THE REVISED AGREEMENT CALLED FOR AN ADDITIONAL SIX MONTHS, OR OVER A YEAR FROM THE PRESENT DATE. THEN IF ANYTHING WAS TO BE BUILT THERE, MAKING IT POSSIBLE TO REPAY THE LOAN FOR THE FUNDS TO BE USED FOR THE WATER, IT WOULD TAKE ANOTHER SIX MONTHS - AND THUS WE ARE TALKING ABOUT 18 MONTHS, ATTORNEY HERRING POINTED OUT THAT THE COUNTY PLANNER SEVERAL YEARS AGO REPORTED THAT THERE WERE OVER 1,500 SUBSTANDARD HOUSES IN THE COUNTY AND MORE THAN 900 OF THEM WERE IN GIFFORD. THE COUNTY IS PRESENTLY IN A BUILDING SLUMP, AND HE FELT THERE ARE ADVANTAGES TO GETTING NEW AND BETTER HOUSES IN THE GIFFORD AREA AND MORE MONEY CIRCULATING IN THE VERO BEACH ECONOMY. HE STATED THAT ACCORDING TO THE PLANNER, THERE IS AMPLE ROOM FOR THE 225 HOMES HE IS PLANNING TO BUILD, AND HE FELT THIS WOULD BE A CHANCE TO UPGRADE A LOT OF THINGS IN ONE FELL SWOOP IT IF WEREN'T FOR THE "TIERED" SUPPLY OF WATER, WHICH WILL CAUSE MANY COMPLICATIONS. HE STATED HE COULD NOT SUPPLY THE SEWER UNDER THOSE CIRCUMSTANCES AND HE WOULD,OF NECESSITY, HAVE TO WRITE TO THE F.H.A. WASHINGTON OFFICE WHICH WOULD GRANT THE LOAN AND ADVISE THEM THAT THE CONDITIONS UPON WHICH THE GRANT AND LOAN WERE PREDICATED INITIALLY HAVE NOT SURVIVED. COMMISSIONER SCHMUCKER ASKED ARE YOU SAYING THAT THE SIX MONTHS' TIME RESTRICTION IS THE MAJOR OBJECTION? ATTORNEY HERRING SAID YES, AS WAITING AN ADDITIONAL YEAR AS HE HAD JUST EXPLAINED WOULD HAVE TO AFFECT THE FINANCING, COMMISSIONER SCHMUCKER SUGGESTED IF WE ALL AGREE THERE WILL BE ENOUGH WATER EVEN AFTER YOU BUILD YOUR 225 UNITS, COULD WE NOT JUST REMOVE THE SIX MONTH PERIOD AND MAKE IT SIMPLY ON THE PREMISE THAT THE SEWAGE PLANT IS UP AND WILL BE IMPROVED. ATTORNEY COLLINS STATED THAT HE WOULD WANT THE F.H.A. TO AGREE TO SUBORDINATION AND THEY COULD JUST CONCUR WITH THE REST OF IT. - 21 - NOV 51975 24 34117 Nov 5 NM ADMINISTRATOR JENNINGS STATED THAT THE PURPOSE OF THE SIX MONTHS WAS -TO GIVE THE PEOPLE IN GIFFORD WHO ARE NOT ON THE SYSTEM AT THE PRESENT TIME AN OPPORTUNITY TO GO ON THE SYSTEM AFTER THEY SEE THERE IS PROPER WATER THERE. CHAIRMAN LOY POINTED OUT THAT WE ARE NOW WAITING FOR AN ANSWER FROM F.H.A. ON THE AGREEMENT SENT THEM BY ATTORNEY COLLINS. ATTORNEY HERRING STATED THAT U.D.U. HAS ALREADY MET ON THE "LAG" SITUATION AND IT WAS NOT AGREEABLE TO THEM. COMMISSIONER SIEBERT STATED THAT HE WOULD LIKE, AT THIS TIME, TO COMMENT ON ATTORNEY HERRING'S STATEMENTS TO THE PRESS LAST WEEK, HE FELT THEY WERE TOTALLY IRRESPONSIBLE AND UNCALLED FOR, ESPECIALLY IN REGARD TO CHAIRMAN LOY, AND HE REGARDED THEM AS AN ATTACK ON THE INTEGRITY OF THIS BOARD, THE PHRASE "BLACK WATER FOR BLACK PEOPLE° PRESENTED RACIAL OVERTONES THAT SHOULD NEVER HAVE BEEN BROUGHT INTO THIS SITUATION. COMMISSIONER $CHMUCKER STATED APPARENTLY THE DEVELOPMENT HINGES ON WHETHER THE SEWER SYSTEM IS IMPROVED OR NOT, AND AS LONG AS WE HAVE THE PROTECTION THAT THE SYSTEM HAS TO BE IMPROVED IN ORDER TO GET THE WATER ALLOCATION, HE DID NOT SEE WHERE THE SIX MONTHS LAG IS NECESSARY. CHAIRMAN LOY STATED SHE FELT WE SHOULD WAIT UNTIL WE HEAR FROM F.H.A. THEY ASKED US TO COME BACK WITH SOMETHING AGREEABLE TO US AND WHEN THEY HAVE REVIEWED THE AGREEMENT SENT BY ATTORNEY COLLINS, SHE FELT SURE WE WILL BE ABLE TO WORK SOMETHING OUT AGREEABLE TO ALL. ATTORNEY COLLINS SAID HE COULD NOT RECOMMEND GIVING IN ON ANYTHING BEFORE WE HEAR FROM F.H.A. COMMISSIONER MASSEY POINTED OUT IF THE ORIGINAL SYSTEM HAD BEEN DONE PROPERLY THE FIRST TIME, WE WOULD NOT HAVE THIS SITUATION NOW AND WE NEED TO BE SURE IT WILL BE DONE RIGHT THIS TIME. VICTOR HART, SECRETARY -TREASURER OF U.D.U. APPEARED AND SAID, YOU KEEP TALKING ABOUT F.H.A., THE COUNTY AND CHARLES HERRING AGREEING ON AN AGREEMENT AND EVERYBODY SEEMS TO FORGET U.D.U. THEMSELVES, COMMISSIONER SIEBERT REMARKED THAT CHARLES HERRING HAS STATED THAT HE IS U.D.U.'S REPRESENTATIVE AND THUS WE ARE NOT FORGETTING U.D.U. MR. HART STATED HE FELT THERE SHOULD BE A REPRESENTATIVE FROM U.D.U. IN ADDITION TO ATTORNEY HERRING, TO WORK ON THIS AGREEMENT AS AFTER EVERY- BODY AGREES, U.D.U. STILL HAS TO GO OVER IT AT THEIR BOARD MEETING BECAUSE THEY ARE THE ONES WHO HAVE.TO.SIGN THE AGREEMENT, ATTORNEY HERRING STATED THAT HE DISCUSSED THIS AGREEMENT WITH U.D..U. AND IT WAS NOT AGREEABLE. F.H.A. IS THE BANKER; U.D.U. HAS TO PAY IT BACK. -22- 80131 24 PMM[ 118 A MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER WODTKE, TO DELETE THE SIX MONTHS WAITING PERIOD, PARAGRAPHS C AND E OF THE PROPOSED WATER PURCHASE CONTRACT; AND TO SUBORDINATE TO THE UTILITY COMPANY THAT WILL BE COLLECTING THE FEES AND MAINTAINING THE SYSTEM AND NOT TO SUBORDINATE TO F.H.A. DISCUSSION FOLLOWED IN REGARD TO HEARING F.H.A.'S COMMENTS ON THE AGREEMENT SENT TO THEM FOR REVIEW. CHAIRMAN LOY CALLED FOR THE MOTION. COMMISSIONER SCHMUCKER AND COMMISSIONER WODTKE VOTED IN FAVOR; COMMISSIONERS MASSEY, SIEBERT AND CHAIRMAN LOY VOTED IN OPPOSITION AND THE MOTION WAS DENIED. ATTORNEY BURCH LEFT THE MEETING AT 12:30 O'CLOCK P.M. THE BOARD THEN RECESSED AT 12:30 O'CLOCK P.M. AND RECONVENED AT 2:00 O'CLOCK P.M. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAD RECEIVED A SUGGESTION FROM THE VERO BEACH CIVIC ASSOCIATION THAT ON ALL ZONING APPLICATIONS THERE BE A REQUIREMENT OF DISCLOSURE OF ALL THE OWNERS OF BENEFICIAL AND EQUITABLE INTEREST IN THE PROPERTY BEING REZONED. HE STATED THIS IS STRICTLY A MATTER OF POLICY AND IF THE BOARD DESIRES IT, THERE WOULD BE NO DIFFICULTY IN INSTITUTING SUCH A POLICY, COMMISSIONER SIEBERT STATED THAT THIS PROCEDURE WAS ALSO RECOMMENDED BY THE ZONING COMMISSION AND HE FELT IT WAS A GOOD POLICY ESPECIALLY AS IT MIGHT SERVE TO GIVE THE PUBLIC MORE CONFIDENCE IN THE ZONING COMMISSION, A MOTION WAS MADE BY COMMISSIONER SIEBERT SECONDED BY COMMISSIONER MASSEY/ TO INSTRUCT THE ATTORNEY TO PREPARE AN AMENDMENT TO THE ZONING ORDINANCE REQUIRING DISCLOSURE OF THE OWNERS AS THEIR BENEFICIAL AND EQUIT- ABLE INTEREST IN PROPERTY ON WHICH REZONING IS BEING REQUESTED, VAL BRENNAN, PLANNING DIRECTOR, ASKED IF THIS WOULD APPLY TO ALL ZONING REQUESTS AS HE FELT IT WAS THE INTENT THAT IT APPLY MAINLY TO LARGE DEVELOPERS. IN FURTHER DISCUSSION, THE BOARD AGREED THAT THIS POLICY WOULD BE DISCRIMINATORY UNLESS APPLIED TO ALL. THE CHAIRMAN CALLED FOR THE MOTION. THE BOARD UNANIMOUSLY APPROVED AND THE MOTION WAS CARRIED. THE PUBLIC HEARING IN REGARD TO A REZONING REQUESTED BY JOSEPH FINK, TO REZONE HIS PROPERTY FROM LM -1 LIGHT MANUFACTURING DISTRICT TO R-1 SINGLE FAMILY DISTRICT WAS CONTINUED FROM THE MEETING OF OCTOBER 22, 1975 UNTIL 2:00 O'CLOCK P.M. TODAY. VAL BRENNAN, PLANNING DIRECTOR, SHOWED SLIDES OF THE SUBJECT PROPERTY -23- NOV 3 NOV 51975 iax 24 YAIE119 WHICH IS LOCATED OFF OF SOUTH GIFFORD ROAD AND IS IN AN LM -1 DISTRICT. THIS PROPERTY IS BOUNDED ON TWO SIDES BY LM -1 AND ON THE OTHER TWO SIDES BY M-1 AND THE AIRPORT, MR, BRENNAN STATED THAT THIS A GOOD AREA FOR INDUSTRIAL DEVELOPMENT IN THE FUTURE AND RESIDENCES SHOULD NOT BE MIXED WITH INDUSTRIAL. COMMISSIONER SIEBERT STATED THAT HE FELT THE BOARD WOULD BE DOING THE FINKS AA INJUSTICE TO CONSIDER SUCH A REZONING AND WANTED THEM TO UNDERSTAND THE SITUATION, HE POINTED OUT THAT THE VALUE WOULD BE GREATLY. INCREASED BY LEAVING IT IN INDUSTRIAL, AND SECONDLY, MR, FINK WOULD HAVE TO SUBDIVIDE THE PROPERTY ACCORDING TO COUNTY SUBDIVISION REGULATIONS IN ORDER TO PUT ANY MORE DWELLINGS ON THE PROPERTY, WHICH COULD BE QUITE EXPENSIVE, ALSO FUTURE DEVELOPMENT OF THE AIRPORT COULD PRESENT PROBLEMS, MR, FINK APPEARED AND SAID THAT HE ONLY WISHED TO BUILD ONE HOUSE FOR ONE OF HIS SONS AND WOULD LIKE TO BUILD ON THE CORNER NEAREST THE R-1 ZONING, COMMISSIONER SIEBERT POINTED OUT THAT EVEN IF THE PROPERTY HAD REMAINED R-1 AS IT WAS ORIGINALLY, "IR. FINK WOULD STILL HAVE TO SUB DIVIDE. COMMISSIONER '.'IODTKE STATED THAT IF 1R, FINK COULD ACQUIRE ACCESS TO A PUBLIC ROAD, THEN POSSIBLY HE COULD BUILD ONE HOUSE ON HIS PROPERTY, DEWEY WALKER, ZONING DIRECTOR, STATED THAT MR. FINK WOULD HAVE TO HAVE 73 FEET ON A PUBLIC ROAD, DISCUSSION CONTINUED ON HOW TO WORK OUT THIS PROBLEM FOR 1R. FINK AS HE DEFINITELY DOES NOT WANT TO SUBDIVIDE. POSSIBLY SOMETHING COULD BE WORKED OUT IN REGARD TO LOCATING THE HOUSE ON SOUTH GIFFORD ROAD INSTEAD OF THE OTHER END OF THE PROPERTY OR POSSIBLY THE SIZE OF THE PARCEL TO BE REZONED COULD BE REDUCED, IT WAS AGREED TO GIVE PSR, FINK TIME TO DISCUSS THIS WITH HIS FAMILY. ON LOTION BY COMMISSIONER MASSEY, SECONDED BY. COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AGREED TO CONTINUE THIS PUBLIC HEARING ON A REZONING REQUEST BY MR. FINK UNTIL THE MEETING OF DECEMBER 3, 1375, AT 2:00 O'CLOCK P.M. DISCUSSION ON THE ZONING CHANGE FROM A -AGRICULTURAL AND R-1 SINGLE FAMILY DISTRICT TO R-1PM PERMANENT MOBILE HOME SUBDIVISION DISTRICT REQUESTED BYJOHN D. COLE AND BOB HOFMANN ON PROPERTY LOCATED IN THE AREA OF KINGS HIGHWAY AND LINDSEY ROAD WAS CONTINUED FROM THE MEETING OF @24 NOV 51975 1001. 241A 1i2O OCTOBER 8, 1975. A PUBLIC•HEARING WAS HELD ON THIS MATTER AT THE MEETING OF SEPTEMBER 24, 1975, AND CLOSED IN ORDER FOR THE BOARD TO DO MORE RESEARCH. ATTORNEY STEVE HENDERSON APPEARED REPRESENTING MR. HOFMANN, THE DEVELOPER, AND INFORMED THE BOARD THAT HE HAD RESEARCHED THE MATTER OF WHETHER THE MOBILE HOME OWNER HAS AN OPTION AS TO THE MANNER IN WHICH HE IS TAXED. IIE STATED HE HAD CONTACTED ASSISTANT ATTORNEY GENERAL, KEN TUCKER, AND IT WAS "MR. TUCKER'S OPINION THAT ATTORNEY GENERAL OPINION 74-150 WAS STILL IN EFFECT AND HAD NOT BEEN MODIFIED BY THE ADOPTION 1)F FLORIDA STATUTE 193.075. IN OTHER WORDS, WHILE A MOBILE HOME OWNER MAY HAVE THE OPTION OF PURCHASING A ""9V" TAG, WHEN THE MOBILE HOME IS ATTACHED TO A PERMANENT FOUNDATION ON LAND OWNED BY THE MOBILE HOME OWNER, IT IS THE ATTORNEY GENERAL'S OPINION THAT THE OWNER AT THAT POINT HAS EXERCISED HIS OPTION TO TREAT THE MOBILE HOME AS REAL PROPERTY, AT THAT POINT, THE MOBILE HOME OWNER IS REQUIRED TO OBTAIN AN "RP" TAG AND THE MOBILE HOME AND LOT IS THEN TAXED AS REAL PROPERTY." ATTORNEY HENDERSON STATED HE HAD DISCUSSED THIS WITH THE PROPERTY APPRAISER, BUT MR. FLETCHER TAKES THE POSITION THAT IF A STRUCTURE CAN BE MOVED FROM ITS FOUNDATIONS WITHOUT DAMAGE TO THE STRUCTURE, HE DOES NOT CONSIDER IT PERMANENTLY AFFIXED, MR, HENDERSON POINTED OUT, HOWEVER, THERE ARE TAX ADVANTAGES JUST BY HAVING THIS PROPERTY BECOME A SUBDIVISION, ATTORNEY HENDERSON NEXT DISCUSSED WHETHER DRI WAS REQUIRED, AND STATED THAT IF A DEVELOPER IS WILLING TO RESTRICT HIS LAND BY DEED RE- STRICTION TO LESS THAN 500 UNITS, IT WILL NOT BE TREATED AS A DRI. COMMISSIONER SCHMUCKER COMMENTED IN REGARD TO MR, FLETCHER'S INTERPRETATION IN REGARD TO THE TAXING OPTION, ALMOST ANY HOUSE IN THE COUNTY COULD BE MOVED AND THIS HAS BEEN DONE MANY TIMES. COMMISSIONER SIEBERT POINTED OUT THAT THE PROPERTY APPRAISER CAN USE THE ATTORNEY GENERAL'S OPINION AS A GUIDELINE, BUT CAN USE HIS OWN DISCRETION IN APPLYING IT, COMMISSIONER MASSEY STATED THAT EVEN IF MORE TAXES ARE PAID IN, THIS IS NOT ALWAYS SUCH A GREAT BENEFIT, AS IT ALSO INCREASES THE TAXES THAT HAVE TO BE PAID TO SUPPORT MORE SERVICES. -25- NOV 51975 1 NOV 51975 ATTORNEY HENDERSON STRESSED THE FACT THAT THIS DEVELOPMENT WOULD BE CONSIDERED LOW COST HOUSING BECAUSE OF THE AVAILABILITY OF LONG TERM FAA, FINANCING COMMISSIONER SCHMUCKER ASKED IF THE BOARD COULD APPROVE THE ZONING BUT LIMIT THEM TO FOUR UNITS PER ACRE. • ATTORNEY COLLINS SAID THIS COULD NOT BE DONE. ATTORNEY HENDERSON STATED THAT THIS DEVELOPMENT HAS TO BE SUB— DIVIDED AND WILL HAVE TO SHOW FOUR UNITS PER ACRE AT THAT TIME, HE SUG— GESTED CREATING ANOTHER ZONING CLASSIFICATION AT THIS DENSITY, COMMISSIONER SCHMUCKER MADE A MOTION TO REFER THIS ZONING REQUEST BACK TO THE ZONING COMMISSION TO CREATE ANOTHER R -1P9 DISTRICT WHICH WOULD RESTRICT DENSITY TO FOUR UNITS PER ACRE. MMOTION DIED FOR LACK OF A SECOND. ATTORNEY HENDERSON SUGGESTED THIS REZONING REQUEST BE HELD IN ABEYANCE WHILE THE BOARD ASKS THE ZONING COMMISSION'S RECOMMENDATIONS ON A NEW CLASSIFICATION, COMMISSIONER SCHMUCKER MADE A MOTION TO TABLE THE REZONING REQUEST OF .JOHN'COLE AND BOB HOFMANN AND REQUEST THE ZONING BOARD TO ES— TABLISH A NEW R-1Pi DISTRICT WHICH WOULD HAVE A FOUR—UNIT TO THE ACRE RESTRICTION AND REQUIRE UNITS TO BE ON PERMANENT FOUNDATIONS, ATTORNEY COLLINS STATED THAT PROCEDURALLY A MOTION TO TABLE MUST BE A SEPARATE MOTION, AND THIS 'LOTION DIED FOR LACK OF A SECOND. AFTER FURTHER DISCUSSION, MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER WODTKE, TO REQUEST THE ZONING COMMIS— SION TO CONSIDER THE ESTABLISHMENT OF AN ADDITIONAL R-1PM CLASSIFICATION FOR DEVELOPMENTS OF LOWER DENSITY. COMMISSIONER SIEBERT STATED HE FELT WE SHOULII REFER THIS MATTER TO THE ZONING COMMISSION TO SEE WHETHER IN THEIR JUDGMENT THERE COULD BE A MORE ADVANTAGEOUS ZONING IN THE R-1PM CLASSIFICATION AND WHETHER IT WOULD BE WORTHWHILE TO CREATE ONE. ATTORNEY HENDERSON POINTED OUT THAT IF THIS DEVELOPMENT WEREClO HAVE 7 OR 8 UNITS PER ACRE, IT WOULD BECOME A DRI AND WOULD EVENTUALLY BE REFERRED BACK TO THE BOARD, -26- BOOK ?a QE 122 COMMISSIONER WODTKE STATED THAT THERE WAS ALWAYS THE POSSI- BILITY OF SOME OF THE PROPERTY BEING SOLD OFF. THE CHAIRMAN CALLED FOR THE MOTION, IT WAS VOTED ON AND CARRIED UNANIMOUSLY. MOTION WAS MADE BY COMMISSIONER SCHMUCKER,SECONDED BY COMMIS- SIONER WODTKE, TO TABLE THE REZONING REQUEST OF JOHN COLE AND BOB HOFMANN ON THE BASIS THAT THERE IS NO LEGAL WAY OF RESTRICTING THIS DEVELOPMENT TO FOUR UNITS PER ACRE AS PRESENTED AS THE R-1PM ZONING REQUESTED CATEGOR- ICALLY ALLOWS 8 UNITS PER ACRE, AND HE WOULD LIKE TO TRY TO ESTABLISH A ZONE WHICH WOULD LEGALLY RESTRICT THIS DEVELOPMENT TO FOUR UNITS PER ACRE, COMMISSIONERS SCHMUCKER AND WODTKE VOTED IN FAVOR OF THE MOTION, COMMISSIONERS MASSEY, SIEBERT AND CHAIRMAN LOY VOTED IN OPPOSITION, AND THE MOTION WAS DENIED. COMMISSIONER SIEBERT STATED THAT HE FELT THE REZONING REQUEST UNDER CONSIDERATION SHOULD BE ACTED ON AT THIS TIME AS HE DID NOT NECES- SARILY FEEL THAT LIMITING IT TO FOUR UNITS PER ACRE MADE IT THAT MUCH MORE DESIRABLE IN THE OVERALL PICTURE, MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, TO DENY THE PETITION OF JOHN D. COLE AND BOB HOFMANN FOR A RE- ZONING TO R -1P'1 FOR REASONS STATED BEFORE AS TO THE HIGHEST AND BEST USE OF THE LAND; THE IMPACT ON COUNTY SERVICES, WHICH HAS NOT BEEN CLARIFIED; AND POTENTIAL CONFLICT WITH THE MASTER PLAN, COMMISSIONERS SIEBERT, MASSEY AND CHAIRMAN LOY VOTED IN FAVOR, COMMISSIONERS SCHMUCKER AND WODTKE VOTED IN OPPOSITION, AND THE MIOTION TO DENY THE REZONING REQUEST WAS CARRIED, THE BOARD DISCUSSED WITH VAL BRENNAN, PLANNING DIRECTOR, THE IDEA OF HIRING SOMEONE TO DO AN INVENTORY OF RECREATION FACILITIES, EQUIPMENT, ETC., AVAILABLE IN THE COUNTY AND RESEARCH OF RECREATION PRO- GRAMS, INCLUDING INVESTIGATION OF OTHER COMMUNITIES' PROGRAMS, LONG RANGE PLANS, ETC, MR, BRENNAII SAID IF HE HAD THE HOARD'S PERMISSION TO HIRE A MAN ON A PART-TIME BASIS TO HELP PUT THIS TOGETHER AND CORRELATE IT WITH THE INFORMATION THEY ALREADY HAD, HE THOYGHT HIS DEPARTMENT COULD HANDLE IT, ALTHOUGH THE TIME ELEMENT MADE IT A PROBLEM, 1E SAID HE FELT MANY MEETINGS WOULD BE NECESSARY AS THIS STUDY PROGRESSED TO BE SURE THEY ARE ON THE RIGHT TRACK, 27 NOV 51975 MRe BRENNAN ASKED THE BOARD'S PERMISSION TO HIRE ONE MAN TWO DAYS A WEEK, COMMISSIONER WODTKE STATED HE WOULD RATHER HAVE IR, HIRE A MAN FIVE DAYS A WEEK FOR TWO OR THREE MONTHS, CHAIRMAN LOY STATED SHE FELT IT WAS IMPERATIVE THE INVENTORY OF FACILITIES AND EQUIPMENT AVAILABLE BE STARTED IMMEDIATELY AND SUGGESTED THAT MR, BRENNAN MEET WITH COMMISSIONER SIEBERT TO WORK OUT THE PROCEDURE TO BE FOLLOWED AND POSSIBLE COST AND REPORT ON IT AT THE NEXT MEETING, ADMINISTRATOR .JENNINGS REPORTED THAT THE "201" CONSULTANTS HELD A MEETING TODAY IN HIS OFFICE AND THEY SUGGESTED THAT VAL BRENNAN, PLANNING DIRECTOR, BE APPOINTED TO THE 201 TECHNICAL ADVISORY COMMITTEE, ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPOINTED VAL BRENNAN TO THE 201 TECHNICAL ADVISORY COMMITTEE, ATTORNEY COLLINS INFORMED THE BOARD THAT ROBERT CAIRNS IS TRUSTEE AND OWNS SEA OATS, WHICH IS PROPERTY LOCATED NORTH OF :JOHNS ISLAND ON STATE ROAD A1A AND 'WHICH WAS RECENTLY REFERRED BACK TO THE ZONING COMMISSION FOR RESTUDY WITH THE IDEA OF BRINGING THIS PROPERTY BACK INTO LINE WITH REPRESENTATIONS MADE BY THE OWNER WHEN THE DENSITY WAS GRANTED, IR, CAIRNS NOW FINDS HIMSELF IN A SITUATION WHERE HE NEEDS TO KEEP THE PROPERTY IN A ZONE THAT WILL GIVE HIM THE FLEXIBILITY OF A DENSITY OF 15 IN SOME PLACES AND AS LOW AS EVEN 1, 2 OR 3 IN OTHERS, SO IT CAN BE MORE IN LINE WITH PAD. BEFORE 112, CAIRNS SELLS THIS PROPERTY HE WANTS TO BE SURE IT WILL NOT BE "DOWN—ZONED" BACK TO A RESIDENTIAL AREA, ATTORNEY COLLINS STATED THAT HE HAD RECEIVED A LETTER FROM MR, CAIRNS' ATTORNEY IN ORLANDO IN REGARD TO AN AGREEMENT IR, CAIRNS WOULD LIKE THE BOARD TO SIGN WHEREBY AN OVERALL DENSITY IS AGREED UPON BUT THE ZONING WILL REMAIN R-2 MULTIPLE FAMILY DISTRICT, THE LETTER DISCUSSED "CONTRACT" ZONING AND QUOTED CASES WHICH WOULD SUBSTANTIATE THAT 'IR, CAIRNS PROPOSED AGREEMENT WITH THE COUNTY IS A VALID AND LEGAL ONE, ROBERT CAIRNS TOOK THE FLOOR AND STATED THAT THIS PROPERTY IS IDEALLY SUITED FOR A P.U.D. APPROACH, HE STATED THAT THEY HAVE SIGNED AN AGREEMENT BEFORE THAT THEY ARE LIMITING THEMSELVES TO A DENSITY OF 8, BUT 28 NOV 51975 � ' 4 °A:124 WANTED TO HAVE THE FLEXIBILITY OF 15 CLUSTERED HERE AND THERE, IR, CAIRNS POINTED OUT THAT THEY ARE ALREADY ZONED R-2, AND HE FELT AN AGREEMENT SUCH AS HE IS SUGGESTING WOULD BE HELPFUL TO THE COUNTY RATHER THAN CREATING MORE AND MORE ZONING CLASSIFICATIONS, !1E CONTINUED THAT HE HAS ALREADY SIGNED AN AGREEMENT SUCH AS ATTORNEY COLLINS DISCUSSED WHICH WOULD AGREE ON AN OVERALL DENSITY, CHAIRMAN LOY ASKED IF THIS HAS BEEN DONE IN THE STATE OF FLORIDA, ATTORNEY KENDALL SHARP, REPRESENTING MR, CAIRNS, SAID THAT IT HAS BEEN AND IS DONE A LOT IN THE ORLANDO AREA, AND IT HAS NEVER BEEN BROUGHT TO COURT IN FLORIDA, VAL BRENNAN, PLANNING DIRECTOR, INFORMED THE BOARD THAT HE HAS REVIEWED MR, CAIRNS` AGREEMENT, NOT FROM A LEGAL POINT OF VIEW BUT FROM A PLANNING POINT OF VIEW, HE STATED THAT HE LIKES THE FACT THAT THE AGREE- MENT WILL BE SIGNED BY BOTH THE COMMISSIONERS AND THE OWNERS WHICH MAKES IT MUCH STRONGER THAN A DEED RESTRICTION BY THE OWNER WHICH CAN BE TORN UP AT ANY TIME, BUT ADDED THAT HE DID HOPE THAT SUCH AN AGREEMENT WOULD NOT CAUSE THE COUNTY TO GIVE UP ITS RIGHT TO REZONE THIS PROPERTY AT ANY TIME IN THE FUTURE, ATTORNEY SHARP STATED THAT BEFORE THE NEW ORDINANCES WERE BROUGHT OUT, THE REPRESENTATION WAS MADE THAT THIS PROPERTY WOULD BE HELD TO 8 UNITS PER ACRE, AND BY THIS AGREEMENT, WE ARE LIMITING OURSELVES TO THE ORIGINAL REPRESENTATION, COMMISSIONER SIEBERT STATED THAT THE IDEA IS FINE, BUT HE FELT THE BOARD SHOULD HAVE TIME TO STUDY THIS SITUATION BEFORE SIGNING ANYTHING, MR, CAIRNS STATED THAT HE HAD A PROBLEM WITH A TIME LIMIT AS HE WOULD LIKE TO HAVE THIS AGREEMENT SIGNED BEFORE HE SOLD THE PROPERTY, MR, BRENNAN NOTED THAT THE ZONING COMMISSION -MEETS AGAIN TO- MORROW NIGHT, AND THEY HEARTILY RECOMMENDED THE PREVIOUS AGREEMENT WHICH WAS PRESENTED TO THEM, ATTORNEY COLLINS STATED THAT HE FELT IF THE COUNTY SIGNED THIS CONTRACT, IT MAY WELL WORK AS AN ESTOPPEL ON A FUTURE BUYER, CHAIRMAN LOY STATED SHE FELT IT WAS THE GENERAL OPINION OF THE BOARD THAT THIS MATTER WOULD HAVE TO BE CONSIDERED FURTHER BEFORE SIGNING THE AGREEMENT, AND IT WOULD BE BROUGHT UP AGAIN AT THE NEXT REGULAR MEET- ING OR POSSIBLY AT A SPECIAL MEETING. -29- NOV 51975 BON .Nta125 ATTORNEY COLLINS INFORMED THE BOARD THAT THE ZONING COMMISSION HAS RECOMMENDED AMENDING SOME ORDINANCES. ONE OF THE PROBLEMS REVOLVES AROUND FUNERAL HOMES, WHICH ARE NOW ALLOWED ONLY IN A COMMERCIAL DISTRICT, THE ZONING COMMISSION RECOMMENDED THAT THEY BE ALLOWED IN MORE THAN ONE AREA AND FELT THEY WOULD BE COMPATIBLE IN AGRICULTURAL, THIS PROBLEM AROSE WHEN FLOYD-STRUNK WANTED TO BUY AN OLD HOUSE ON THE CORNER OF KINGS HIGHWAY AND ROUTE 60 TO USE AS A FUNERAL HOME, MR, BRENNAN STATED THAT HE CAN SEE THEIR REASONING IN THIS CASE) BUT WHAT ABOUT WHEN ANOTHER OWNER COMES IN AND WANTS TO PUT A RETAIL USE IN AN AGRICULTURAL ZONE? HE ALSO NOTED THAT THE ADJACENT OWNER TO THE PROPERTY IN QUESTION OBJECTED TO COMMERCIAL ZONING WHEN IT WAS REQUESTED, COMMISSIONER SIEBERT SUGGESTED THAT FUNERAL HOMES MIGHT BE COMPATIBLE IN A B-1 DISTRICT, AND ATTORNEY COLLINS NOTED THAT CEMETARIES ARE ALLOWED IN AGRICULTURAL ZONING, AFTER FURTHER DISCUSSION, ON 1OTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE A PUBLIC HHEARING TO AMEND ORDINANCE 10. 71-3, A - AGRICULTURAL DISTRICT AND B-1 PLANNED BUSINESS DISTRICT TO ALLOW FUNERAL HOMES UNDER SPECIAL EXCEPTIONS. ATTORNEY COLLINS STATED THAT THE ZONING COMMISSION ALSO RECOM- MENDED AMENDING ORDINANCE 10, 71-3 AND 10, 72-1 IN REGARD TO TEMPORARY TRAILERS AS THERE HAVE BEEN SOME PROBLEMS WITH TEMPORARY TRAILERS BEING PUT ON CONSTRUCTION SITES EVEN BEFORE A PROJECT BEGINS, THEY HAVE RECOM- MENDED AMENDING SECTIO"J 25 (0) AS FOLLOWS: (3) TEIPtORARY TRAILERS: TRAILERS USED TEMPORARILY IN CONNECTION WITH CONSTRUCTION USED AS A DWELLING, OFFICE OR SALES ROOM MAY BE LOCATED TEMPORARILY UP TO ONE YEAR IN ALL DISTRICTS DURING THE PERIOD OF CONSTRUCTION ACTIVITY, UNDER A TEMPORARY ZONING PERMIT ISSUED BY THE INDIAN RIVER COUNTY ^iDMINISTRATOR, FOR GOOD CAUSE SHOWN, SUCH TEMPORARY PERMIT MAY BE EXTENDED BY THE SAID COUNTY ADMINISTRATOR FOR AN ADDITIONAL THREE-MONTH BEYOND THE ONE-YEAR PERIOD ABOVE ESTABLISHED, AND FURTHER, UPON ADDITIONAL PROOF OF GOOD CAUSE SHOWN, THE COUNTY ADMINISTRATOR MAY EXTEND SAID PERMIT FOR AN ADDITIONAL THREE-MONTH PERIOD, BUT IN NO EVENT SHALL SUCH TEMPORARY PERMIT EXTEND BEYOND A TOTAL 13 -MONTH LIMITATION, 30 NOV 51975 e 24 FA:GE-126 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE A PUBLIC HEARING TO AMEND ORDINANCES X40. 71-3 AND No. 72-1 WITH REGARD TO TEMPORARY TRAILERS AS ABOVE SET OUT, ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION OF IICHAEL PHILLIP CARROLL TO CARRY A CONCEALED FIREARM, ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED RENEWAL PERMITS FOR JAN KROMHOUT AND J. RONNIE GRICE TO CARRY CONCEALED FIREARMS, ON MOTION BY COMMISSIONER WODTKE, SECONDED -BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED A REQUEST FOR OUT -OF -COUNTY TRAVEL BY JUDITH A. WAKEFIELD, EXTENSION HOME ECONOMICS AGENT, TO ATTEND THE FOLLOWING: NOVEMBER 5 COCOA AREA COUNTY DIRECTORS CONFERENCE WITH UNIVERSITY OF FLORIDA FOOD Q RESOURCE ECONOMIST NOVEMBER 17-20 GAINESVILLE FAMILY RESOURCE MANAGEMENT TRAIN - (ON STATE.TRAVEL FUNDS) ING - FOR LESSONS TO BE TAUGHT IN RETURN ON THE 20TH THE COUNTY, THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: REPORT FROM CIRCUIT COURT OF CONVICTIONS FOR THE MONTHS OF MAY, JUNE, JULY, AUGUST AND SEPTEMBER, 1975 REPORTS FROM COUNTY COURT OF ARRESTS AND CONVICTIONS FOR THE MONTHS OF JULY, AUGUST AND SEPTEMBER, 1975 AUDIT REPORT FROM THE ECONOMIC OPPORTUNITIES COUNCIL ON THE HEAD START PROGRAM ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED ISSUING A DUPLICATE TAX SALE CERTIFICATE TO J. KOUTNIK, TAX SALE CERTIFICATE NO, 713. COMMISSIONER SIEBERT INFORMED THE BOARD THAT PAT FLOOD, A CITY OF SEBASTIAN COUNCILMAN, HAD ASKED HIM IF THE COUNTY COULD CLEAR SOME LAND IN SEBASTIAN FOR PARK AND RECREATIONAL PURPOSES, HE TOLD MR. FLOOD THAT THE COUNTY COULD CLEAR THE LAND, BUT THEY WOULD HAVE TO HAVE CLEAR- ANCE ON THE AGREEMENT WITH THE CITY OF SEBASTIAN, ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO USE COUNTY EQUIPMENT TO CLEAR THE UNDERBRUSH FOR THE CITY OF SEBASTIAN FOR PARK AND RECREATIONAL PURPOSES FROM THE LAND DESCRIBED IN THE FOLLOWING DEED: .1975 - 31 NOV 5 a oo I 24 PAq 127 1.; iy a� NOV 51975 .'. PION! • ocn. spurs 1 1 Pt ®• IKON* IENTARY SUR 1Ax }F.00.55 156574 DEED THIS maw! DEED made and executed the 16th day of July, 1975, by GENERAL 11EvEL PMENr CORPORATION, a corporation existing under the laws of the State of Delaware, authorized to transact business in the State of Florida and baying its principal place of business at au south %�� Miami,, FloridaDriveshore da 33131 1 hereinafter called the Grantor, to THE CTPY OF SEBASTIAN, an incorporated municipality, whose post office address is: hereinafter called the Grantee: (Wherever used herein the terms "Grantee" include all the parties to this instrizrent, as wilt as their successors and assigns). WITNESSETH: That the Grantor, for and in consideration of the sun of $10.00 and other valuable considerations, receipt whereof is hereby adaaowledged, by these presents does grant, bargain, sell, alien, revise, release, convey and confirm unto the Grantee, all that certain land situate in Indian River County, Florida, viz: TRACT "N" according to the Plat of "Sebastian Highlands Unit 16" as recorded in Plat Book 8 at Page 45 of the Public Records of Indian River County, Florida, containing approximately 4.08+ acres. Subject to restrictions and easements and covenants of records and applicable taxes for the year 1975. The property herein is to be used specifically for recreational purposes for the Grantee herein and should said property ever cease being used for ssayidpurposes it shalll`innnediately revertrtotheGrantor herein. y�i1 R with all the tenements, ents, h�{.aren1 s andammiummuoes there= belonging or in anywise appertaining. 'IO HAVE AND TO HOLD, the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that it is lawfully seized of said land in fee simples that it has good right and lawful authority to sell and convey said land; that it hereby fully warrants the title to said land will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encunbranoes. IN WITNESS WHE'RwF, the Grantor has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunto duly authorized, the day and year first above . written. S• TATE of FLORIDA1 n �-• uoC'UMENTARY STAMP az a O, PT.Ui REYENU�:,t:+:.� 0 0. 3 0.1 • l'.b The Instrument probated by: JACK B. SPIRA, CORPORATE COUNSEL GENERAL DEVELOPMENT CORPORATION 1111 SO. SAYSHORE DR., MIAMI. FLA. 33131 mammas sEAL) OF!' C1 } i. RECORD „J n +'. ira3u� Nov 499 mcall.3 •O. C O ATTEST: !' Assistant SecreLary d0'wiCi)j. RECO t1 Pea 409 pg414 Sinned, sealed and delivered in the presence o f : •!<t}.+:.,. Oi. rifT,.A/ GENERAL DEVELOPMENT CORPORATION BY: tienior Vice. ProB i e,E STATE OF ) COUNTY OF ) I HEREBY CERTIFY THAT on this day, before me, an efficer duly authorized in the State and County aforesaid to take acknowledgments, p.:rsonally appeared C.C. CRUMP and WAYNE L. ALLEN well known to me to be the Senior Vice President and Assistant Secretary respectively of the Corporation named as grantor i:, the foregoing deed, and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said Corporation and that the seal affixed thereto is the true corporate seal of said Cvrporation. WITNESS my hats and off ' ci 1 seal in the County and State last aforesaid this $` day of , A.D. 1975. N• ARY PU=LIC Large WAIF Platte MAT! OF RONDA AT tAR My Commission Expires: Nt camases ei rn'g /AIL. se. 1470 ICNOMO TMIU GIN[I& INSui MVO UNMMOtN This Instrument prepared by: .00 Ibis infArumentWARprptxaQhyt °J v...1' 13. SFIIIA, CORE C?I.%IIi COUNCrt. GENCNAI DIVE OP N I CO1lPONA•1 ION 1111 Su. r.AY:.riIt,rr: rli., MIAMI, FLA. 31131 NOV 51975 I -. c. • Al ..1e/ :.-1••/.. 'rTd Co o4 4 ?aq129 129 COMMISSIONER SIEBERT BROUGHT UP THE ST, JOHNS RIVER BASIN, ARMY CORPS OF ENGINEERS PROJECT. . CHAIRMAN LOY STATED THAT THE BOARD HAS RECEIVED RESOLUTIONS FROM VARIOUS GROUPS SUPPORTING THIS PROJECT, AND SHE FELT POSSIBLY WE SHOULD TAKE 'SOME ACTION. SHE NOTED THAT THERE HAS BEEN SOME WORK DONE IN BREVARD COUNTY AND LAND ACQUISITION IN INDIAN RIVER COUNTY. THIS PLAN WOULD GIVE US THE RESERVOIR •IN THE BLUE CYPRESS AREA. JAMES BEINDORF SPOKE EXPLAINING THE PROJECT. CHAIRMAN LOY ASKED, IF THE COMMISSIONERS AGREED, POSSIBLY WE COULD PREPARE A RESOLUTION IN SUPPORT OF THIS PROJECT, COMMISSIONER SIEBERT REMARKED THAT THERE ARE ENVIRONMENTAL GROUPS OBJECTING TO THIS PROJECT STRENUOUSLY AND INFORMED THE:BOARD THAT THERE IS A PRESENTATION ON THIS SUBJECT THAT IS MOST INFORMATIVE AND HE FELT THE BOARD REALLY OUGHT TO SEE IT BEFORE TAKING ANY ACTION. COMMISSIONER WODTKE INFORMED THE BOARD THAT HE HAD ATTENDED A MEETING WITH SOME OF THE OFFICIALS OF GENERAL DEVELOPMENT CORP. AT SEBASTIAN HIGH- LANDS, AND THEY HAD INVITED THE COUNTY TO TAKE OVER THE OPERATION OF THEIR RECREATIONAL FACILITIES. HE CONTINUED THAT HE HAS BEEN REQUESTED TO GO BACK ON NOVEMBER 24, 1975 TO MEET WITH THE PROPERTY OWNERS GROUP. THEY WILL OFFICIALLY CHARTER THEMSELVES AS AN ASSOCIATION AND WANT SUFFICIENT INFORMA- TION AS TO WHAT WOULD BE INVOLVED WITH SETTING UP A TAXING DISTRICT. COMMISSIONER WODTKE STATED THAT HE HAD TOLD THEM THAT THE COUNTY HAD NOT ACCEPTED THE PROPERTY YET, AND, IN FACT, THE ROADS WERE ONLY RECENTLY ACCEPTED, HE FURTHER TOLD THEM THAT IF THE COUNTY DID TAKE OVER THIS PROPERTY AS A PARK, IT WOULD HAVE TO BE OPEN TO THE GENERAL PUBLIC, nE STATED THAT HE FELT HE NEEDED SOME LEGAL ASSISTANCE IN REGARD TO THIS MATTER AND RE- QUESTED THAT ATTORNEY COLLINS ATTEND THIS NEXT MEETING WITH HIM, CHAIRMAN LOY STATED THAT SHE HAD RECEIVED A LETTER FROM ALFRED WEBBER TENDERING HIS RESIGNATION AS THE BOARDS REPRESENTATIVE ON THE BOARD OF DIRECTORS OF THE INDIAN RIVER COUNCIL ON AGING AND ALSO ON THE. ADVISORY COMMITTEE ON AGING OF THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL EFFECTIVE AS OF DECEMBER 15, 1975, WHICH LETTER IS HEREBY BEING MADE A PART OF THESE MINUTES. 33 - NOV 51975 o 4 PAe[13O Alfred 1-t. Webber 1816 32ND AVENUE . INNINNMEE VERO BEACH. FLORIDA 32960 Nov. 3, 1975 To the Honorable Board of County Commissioners of Indian River County, Florida. Lady and Gentlemen: After serving for eighteen months.it becomes necessary for me to tender my resignation as your representative on the Board of Directors of the Indian River Council on Aging, and also on the Advisory Committee on Aging of the East Central Florida Regional Planning Council. I request that my resignation become effective as of December 15, 1975. I feel sure that the local Council on Aging would appreciate your notifying them as to the identity of my successor sometime in advance of their annual election of officers which is scheduled for early in January 1976. Their address is 848 =20th Place (P.O.Box 2102) Vero Beach, Florida. As yet. the details regarding the exact address and personnel of Indian River County's new areawide organization on aging have not been definitely determined by the State Department of Health and Rehabilitative Services.. Respectfully yours. W..1'G G` "Ge" cc: Mr. Hubert Poole, Exec. Dir. Indian River County Council on Aging Alfred H. Webber THE BOARD ACCEPTED MR. WEBBER'S RESIGNATION AND WILL NOTIFY THE COUNCIL ON AGING AIiD ASK FOR THEIR. RECOMMENDATION, ®34 NOV 51975 OK DISCUSSION FOLLOWED ON ASKING THE CITY OF SEBASTIAN IF THEY WOULD LIKE TO APPOINT SOMEONE TO SERVE AS THE COUNTY'S SECOND REPRESEN- TATIVE ON THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL. ON (IDTIDN BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AGREED TO ASK THE CITY OF SEBASTIAN TO APPOINT A REPRESENTATIVE TO SERVE ON THE EAST CENTRAL FLORIDA REGIONAL. PLANNING COUNCIL. COMMISSIONER WODTKE PRESENTED A REPORT REGARDING POSSIBLE LOCATIONS TO HANDLE IMMEDIATE SPACE REQUIREMENTS FOR COUNTY OFFICES, AFTER DISCUSSION, COMMISSIONER WODTKE AGREED TO SECURE ADDITIONAL INFOR MATION, THE ADMINISTRATOR INFORMED THE BOARD THAT HUGH DAWSON WAS AT THE COURTHOUSE YESTERDAY ABOUT THE COMMUNITY DEVELOPMENT 3LOCK riRANT PROGRAM, AND HE AND 1R, DAWSON FINISHED THE REMAINING PAPER WORK FOR THIS PROGRAM AND HOPED TO START DRAWING ON THE FUNDS WITHIN A WEEK, COMMISSIONER SIEBERT INFORMED THE BOARD THAT JACELYN BLOCK, .JUVENILE VOLUNTEER COORDINATOR, IS RESIGNING AND A REPLACEMENT FOR HER WILL BE NEEDED, THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY HAVIIG BEEN AUDITED WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: GENERAL FUND i0, 5091 -5093 INCLUSIVE; ROAD AND BRIDGE FUND Jo. 2631 - 2633 INCLUSIVE; FINE AND FORFEITURE FUND j0, 972 - 974 INCLUSIVE AND TREASURY FUND 10. 59,991 - 50,191 INCLUSIVE, SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES, THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 5:55 O'CLOCK P.M. ATTEST: 35 - NOV 51975 n 24 rl,;E x 32