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HomeMy WebLinkAbout2/4/1976WEDNESDAY, FEBRUARY 4, 1976 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA ON WEDNESDAY FEBRUARY 4, 1978 AT $:30 O'CLOCK A.M. PRESENT WERE WILLARD W. SIEBERT, JR., CHAIRMAN; WILLIAM C. WODTKE, JR., VICE CHAIRMAN; ALMA LEE Loy; EDWARD J. MASSEY; AND EDWIN S. SCHMUCKER. ALSO PRESENT WERE JACK G. .JENNINGS, i COUNTY ADMINISTRATOR; L.S. "TOMMY" THOMAS, COUNTY COORDINATOR; GEORGE G. COLL_INS, JR., ACTING ATTORNEY -TO THE BOARD OF COUNTY -COMMISSIONERS; j RAYMOND CORPER AND ELIZABETH FORLANI, DEPUTY CLERKS. THE CHAIRMAN CALLED THE MEETING TO ORDER. CHAIRMAN SIEBERT EXPRESSED HIS AND THE BOARD'S DEEPEST SYMPATHY TO THE WIFE AND FAMILY OF PAUL D. BURCH, ATTORNEY TO THE BOARD OF COUNTY , COMMISSIONER, WHO PASSED AWAY, HE CONTINUED THAT HIS PASSING IS_A CREAT LOSS TO THIS COUNTY. REVEREND ROBERT M. BAILEY OF SEBASTIAN UNITED METHODIST CHURCH GAVE THE INVOCATION WHICH WAS FOLLOWED BY A SILENT PRAYER. COMMISSIONER SCHMUCKER LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, J CHAIRMAN SIEBERT ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS i J TO THE REGULAR MEETING OF JANUARY 21, 1976. { COMMISSIONER WODTKE REQUESTED THE FOLLOWING CORRECTIONS: ON PAGE 15, SECOND PARAGRAPH, EIGHTH LINE, THAT PORTION OF THE LIME READING "....LIGHTS WOULD BE $11.00 PER HOME OWNER PER YEAR." BE CHANGED TO READ "..,LIGHTS WOULD BE $11.00 PER HOME OWNER PER YEAR PLUS $1.00 FOR ADMINISTRATIVE COSTS." ON PAGE 38, FIFTH PARAGRAPH, FIRST LINE READING "....SECONDED BY COMMISSIONER..." BE CHANGED TO READ "...SECONDED BY COMMISSIONER MASSEY...". COMMISSIONER SCHMUCKER REQUESTED ON PAGE 5, SECOND PARAGRAPH, SECOND LINE "50'" BE CHANGED TO READ "33%". COMMISSIONER LOY REQUESTED ON PAGE 21, FIFTH PARAGRAPH, THE WORD "CHAIRMAN" BE CHANGED TO READ "COMMISSIONER". ON PAGES 17, 20 AND 21, MAYOR GREGG BE CHANGED TO READ COUNCILMAN GREGG. (fns _- 10 b FEB 41976 THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF .JANUARY 21, 1976, AS WRITTEN. DEWEY WALKER, ZONING DIRECTOR APPEARED REQUESTING AN EXCEPTION TO THE ZONING ORDINANCE 71-3 FOR ALBERT VAN AUKEN. I MR.WALKER STATED THAT MR. VAN AUKEN HAS OWNED TWO ACRES OF PROPERTY FOR QUITE SOMETIME AND BEFORE DECEMBER 1973. THIS PROPERTY IS LOCATED IN THE AREA OF SOUTH GIFFORD ROAD, WEST OF KINGS HIGHWAY, BUT DOES NOT BORDER ON A PUBLIC ROAD. MR. VAN AUKEN DOES HAVE ACCESS TO HIS PROPERTY. THE COUNTY ADMINISTRATOR STATED THAT THIS PROPERTY CONSISTS OF APPROXIMATELY TWO ACRES AND MR. VAN AUKEN WISHES TO BUILD ON ONE ACRE. - HE CONTINUED THAT MR. VANAUKEN SHOULD BE INFORMED THAT IN THE FUTURE IF HE WISHES TO BUILD ON THE SECOND ACRE, HE WILL HAVE TO SUBDIVIDE IT. MR.WALKER SUGGESTED THAT A 12 FOOT EASEMENT FOR A DITCH BE DEEDED TO THE COUNTY AND MR. VAN AUKEN STATED THAT HE WOULD GIVE THIS 12 FOOT EASEMENT. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER i MASSEY, THE BOARD UNANIMOUSLY GRANTED A SPECIAL EXCEPTION TO ORDINANCE 71-3 TO MR. VAN AUKEN ON PROPERTY DESCRIBED AS THE SOUTH 300 FEET OF TRACT 5, SECTION 29, TOWNSHIP 32, RANGE 39, JOHN SUTHERLAND, ATTORNEY REPRESENTING DONALD DRINKARD APPEARED REQUESTING A SPECIAL EXCEPTION TO THE ZONING ORDINANCE 71-3 AND THE FOLLOWING LETTER IS HEREBY BEING MADE A PART OF THESE MINUTES. -2- ""'AppIt 647-521" JOHN H. SUTHERLAND ATTORPIEY AT LAW Poor wrIAM wx 100 "VaO ®EACH. FLORIDA 32900 January 28., 1976 e t �/usxv_ � 28' "' y JAN 1i97G u RECEIVED AdAWUatm'S Olin cb `moi �O iJ9�C1dTT PRO1'Ett10NAL 1Nd1LA ss1 — s�.r stwcsr Hoard of County Commissioners ..of Indian River County, Florida Indian River County Courthouse Vero Beach, Florida 32960 In- re: Donald Drinkard et ux Property on Pelican Lane My File Ho. 1428-73 Dear'Commissioners: I represented Mr. and Mrs. Donald Drinkard when they purchased the property as shown.on the enclosed Deed recor- ded in Official Record Book 442, page 238, public.records of Indian River County, Florida. At the time that the property turas purchased in .1973 it was purchased with the understand- ing'and the purpose of having two separate building -lots. I .,was advised by Mr. Drinkard at that time and by Mr. Robert r Powhatan, who was the salesman on the transaction,- that the property was bought for two building sites and in fact in May of 1972 two complete sets of abstracts from the earliest .:_public records to that date were prepared on the property. -preliminary for dividing the property into two building - sites. The property was divided into two sites when Mr. C. D. Bowles, who was a builder, purchased the property from 'Alfred A. Ebert and Gladys E. Ebert, his wife, with the idea of*•building two houses. It did not appear feasible at that Time to do so and consequently the property was.sold to.Mr. Nand Mrs. Drinkard.and closed in July of 1973. "This property is located along Pelican Lane and I am enclosing at this time photocopies of a portion of the Pro- perty Appraiser's current maps which shows that this proper- ty lies southerly of Wyn Cove Subdivision and northerly of. .Smuggler's Cove Subdivision. As a matter of interest, that .lou will note, there are approximately 26 parcels shown on this particular tax map, two of which are large oceanfront '-parcels, leaving.a total of approximately 24 parcels, that 18 of the parcels have lots of only 100 .feet on Pelican . =Lane. Another thing that should"be noted is that Wyn Cove., -•and Smuggler's Cove both have private drives and that there is no difference between the three groups of property. When Mr. Drinkard bought this property he was assured, and it was the system of doing things.at the time he pur- chased the property, that he could separate the properties at'any time into two 100 foot building sites without any . problems.. Mr. Drinkard went to the County Administrator's office to see about getting the property divided into two building .sites at my suggestion and at that time he contacted Mr. Jack Jennings, which gave him the indication that there, would be no big problem with the County but the really.tre- mendous problem lay with the State Board of Health. Copse- --quently he made application with the help of Mr. Bob Jennings ` . to have the parcel subdivided into two lots, which required a public hearing with the State Board of Health in Jackson- ville and has now been approved after formal hearing. eoo� 25 4A,E 12 M I Mr. Drinkard has spent considerable sum of money to divide the property into two 100 foot lots, which was the intention when he purchased the property, and he is now working in a joint venture with a builder to build two -houses ontheproperty. When Mr. Richard Dose, a builder, made application for building permit he was advised that Ordinance No. 7420 .-.--passed on November 1 of 1974 would prevent him from securing two building permits. We humbly request that this Ordinance: 'not be invoked in this particular case, in that for all in- . -tents and purposes the property lying along Pelican Lane.has been subdivided, the street is as much a dedicatedstreet as, any subdivision would have it, particularly with a private. drive so that the County would not be responsible for main ....".-taining it, the deeds themselves have -a dedicated easement to the property owners the same way that they do in Wyn Cove and Smuggler's Cove and that therefore an exception should be made to the subdivision rules in order that this can be divided into two.equal 100 foot lots. The property has also been surveyed and we have previ.- ..ously furnished copies of the surveys to Mr. Jack Jennings. Pelican Lane has been a private road for more than 25 -years and the property owners use the easement equivalent to a state and/or county ownership for the use of -the road the same as if it was in Wyn Cove Subdivision or Smuggler's Cove. I represented the subdividers in.Wyn Cove and on all*. .of our conveyances in Wyn Cove we conveyed a right to the use of the street that was listed as a private street on the subdivision in order that they would have a right for each property owner to get to and fzom their property. This is a unique hardship as (1) if I had any advance knowledge that this,would have been.the case I would have simply divided the property into two parcels so that the Property Assessor would have -drawn a line to the middle of - the property and,.(2) certainly the owner of the property had no idea that the County was doing this in detriment to 'his property. This being a rather unique and unusual hard- ship matter, we humbly request that the Board of County Commissioners in.behalf of my clients, Mr.. and Mrs. Donald —Drinkard, authorize the granting of two building permits on the -property -shown in the enclosed Deed. c e,rel "y S Irn w qTr JO T W _qrMV'RT.AIM JES/es • '-.Enclosures cc: Mr. -.Donald • FEB 41976 As ttorney for Mr. and Mrs. T% _IA n 4-1— A ati 25 1-3 THE BOARD DISCUSSED THE FOREGOING LETTER AND THE COUNTY ADMINISTRATOR STATED THAT WHEN MR. DRINKARD CAME IN TO SEE 'HIM, HIS PROBLEM, AT THAT TIME, WAS OBTAINING SEPTIC TANK PERMITS. MR, DRINKARD WENT TO THE HEALTH DE— PARTMENT AND OBTAINED THE NECESSARY PERMITS, HE CONTINUED THAT EVERYTHING, a MR. DRINKARD HAS DONE HAS BEEN WITH THE THOUGHT OF DEVELOPING TWO.PARCELS" i OF PROPERTY, BUT ON DECEMBER 8, 1973 AND THE ADOPTION OF.ORDINANCE NO. 74-20 REQUIREMENTS CHANGED. 1 ATTORNEY SUTHERLAND INFORMED THE BOARD THAT THE REQUEST BEFORE i THE BOARD IS FOR APPROVAL FOR MR. DRINKARD TO SUBDIVIDE HIS PROPERTY ON PELICAN LANE INTO TWO 100 FOOT PARCELS. CHAIRMAN SIEBERT STATED THAT THIS IS A UNIQUE SITUATION AND IT DOES CREATE A HARDSHIP'FOR MR, DRINKARD AND THAT THE PURPOSE OF THE BOARD OF ZONING ADJUSTMENT IS TO EVALUATE THIS TYPE OF PROBLEM, CHAIRMAN SIEBERT CONTINUED THAT IT APPEARS THAT IF A VARIANCE WAS i GRANTED AND THE PROPERTY SUBDIVIDED INTO TWO PARCELS, UNDER ORDINANCE NO. i 74-20 IT WOULD HAVE BEEN DIVIDED AFTER 1973, AND QUESTIONED IF WE WOULD HAVE TO GRANT AN EXCEPTION TO ORDINANCE N0. 74-20. ATTORNEY COLLINS STATED THAT HE WOULD HAVE NO OBJECTION TO THE i BOARD GRANTING AN EXCEPTION TO ORDINANCE N0. 74-20, BUT IT IS HIS RE— COMMENDATION THAT THIS REQUEST GO TO THE BOARD OF ZONING ADJUSTMENT FOR THEIR APPROVAL. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY GRANTED AN EXCEPTION TO ORDINANCE N0. 74-20 FOR A PARCEL OF LAND OWNED BY DONALD DRINKARD AND DESCRIBED AS GOVERNMENT .NO, 3, SECTION 16, TOWNSHIP 33 AND RANGE 40 AND RECORDED IN THE OFFICIAL RECORD BOOK 442, PAGE 235. DISCUSSION FOLLOWED AND A MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, TO REFER. THE REQUEST OF DONALD DRINKARD TO DIVIDE HIS PROPERTY ON PELICAN LANE INTO TWO — 100 FOOT LOTS TO THE BOARD OF ZONING ADJUSTMENT; THAT IT BE PUT ON THEIR AGENDA AS SOON AS POSSIBLE; THAT THEY BE GIVEN A COPY OF THIS BOARDS MINUTES IN WHICH MR. DRINKARD WAS GRANTED AN EXCEPTION TO ORDINANCE NO. 74-20, DISCUSSION FOLLOWED AND MR. DRINKARD QUESTIONED WHAT COURSE OF ACTION HE WOULD HAVE IF THE BOARD OF ZONING ADJUSTMENT DENIED HIS REQUEST. CHAIRMAN SIEBERT STATED THAT IF THIS WERE TO HAPPEN HE WOULD RE— COMMEND THAT THIS REQUEST APPEAR BEFORE THIS BOARD AGAIN FOR FURTHER REVIEW BECAUSE OF THE HARDSHIP INVOLVED, THE CHAIRMAN CALLED FOR THE MOTION; THE BOARD UNANIMOUSLY APPROVED AND THE MOTION WAS CARRIED. — FEB41976 �t�9 25 Marc 14 y i JOHN E. BANKS WAS PRESENTED WITH RESOLUTION N0. 76-6 ADOPTED BY THE BOARD ON JANUARY 7, 1976, WHICH HONORS HIM FOR HIS FINE SERVICE AS A MEMBER OF THE BOARD OF ZONING ADJUSTMENT. i ' I e ®6® FEB 41976. paw °y��F 15 C I I RESOLUTION NO. 76-6 WHEREAS, on February 7, 1973 JOHN E. BANKS was ` appointed from District 2 to serve on the INDIAN RIVER COUNTY BOARD OF ZONING ADJUSTMENT; and WHEREAS, for close to three years, JOHN E. BANKS i has faithfully served the citizens of Indian River County in his position as a member of the BOARD OF ZONING ADJUSTMENT; and WHEREAS, JOHN E. BANKS' decisions have been thought- ful and compassionate, keeping in mind the authority given to the BOARD OF ZONING ADJUSTMENT and the need of each 1 applicant for a variance from the particular hardship 1 requested; and WHEREAS, the Board of County Commissioners of Indian = River County, Florida is extremely appreciative of the `! fine job done by JOHN E. BANKS during his term on the F BOARD OF ZONING ADJUSTMENT; y NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF � COUNTY COMMISSIONERS OF INDIAN RIVER, COUNTY, FLORIDA, that this Resolution is passed for the purpose of complimenting JOHN E. BANKS for his fine service and diligent efforts as a member of the BOARD OF ZONING ADJUSTMENT and for his diligent and compassionate service to the citizens of Indian River County, Florida. Such Resolution shall become effective as of the r _ .4 21st. day of January , 1976.. BOARD O COUNTY C MMISSIONERS OF IND AN RI R OUN F A By Willar bert, Xr.4,CXairman Attest: RaTpIr Haiy&is, Clerk i FEB 41976 -25 16 I P DEWEY WALKER, ZONING DIRECTOR APPEARED REQUESTING AN EXCEPTION TO THE ZONING ORDINANCE 71-3 FOR GEORGE PALMER KING. MR. WALKER STATED THAT MR. KING HAS BEEN PAYING ON THIS PROPERTY SINCE 1965 AND RECEIVED THE DEED TO THE PROPERTY ON SEPTEMBER 11, 1975. THE PROPERTY IS LOCATED IN POMPEY'S SUBDIVISION, SOUTH OF OSLO ROAD, IN THE AREA OF NEBRASKA ROAD AND 9TH COURT. MR. KINGS PROPERTY DOES NOT BORDER ON A PUBLIC RIGHT—OF—WAY AND HE DOES NOT HAVE ACCESS TO IT. THIS IS A LAND—LOCKED PARCEL OF PROPERTY. NEBRASKA ROAD IS A COUNTY MAINTAINED ROAD AND COMES TO WITHIN APPROXIMATELY 300 FEET OF MR. KINGS PROPERTY. MR. KING APPEARED AND STATED THERE ARE RESIDENTS LIVING IN THE AREA AND THERE ARE DIRT ROADS TO THEIR HOMES, ATTORNEY COLLINS STATED THAT IF THE RESIDENTS HAVE BEEN USING THOSE ROADS FOR 20 YEARS, THE COUNTY CAN TAKE THEM OVER BY PRESCRIPTION. MR. KING QUESTIONED IF NEBRASKA ROAD WILL BE EXTENDED TO HIS PROPERTY, AS HE HAS HEARD TALK THAT THIS WAS GOING TO BE DONE. THE COUNTY ADMINISTRATOR STATED THAT EXTENDING NEBRASKA ROAD IS b NOT IN COUNTY PLANS IN THE NEAR FUTURE. HE CONTINED THAT THE ONLY WAY TO THIS PROPERTY IS OVER SAND TRAILS CREATED BY USAGE. HE INFORMED THE BOARD THAT THE DEVELOPER OF THIS SUBDIVISION IS STILL SELLING PROPERTY AND PEOPLE BUYING CANNOT BUILD BECAUSE THERE IS NO PUBLIC ACCESS. ATTORNEY COLLINS STATED THAT MR. KING MUST HAVE ACCESS TO HIS PROPERTY BEFORE THIS BOARD CAN CONSIDER GRANTING AN EXCEPTION. HE SUGGESTED THAT MR. KING GET WITH THE PEOPLE LIVING IN THIS AREA AND HIRE AN ATTORNEY TO OBTAIN ACCESS TO ALL THE PROPERTY, MR. WALKER STATED THAT THE PROPERTY OWNERS CAN NOT GIVE 30 FEET FOR A ROAD BECAUSE THE LOTS ARE TOO SMALL; — THEY ARE ONLY -65 FEET BY 160 FEET. CHAIRMAN SIEBERT STATED THAT IF THIS COULD NOT BE DONE THE ONLY OTHER ALTERNATIVE IS TO HIRE AN ATTORNEY AND HAVE THE ROAD TAKEN BY PRESCRIPTION RIGHT. HE QUESTIONED IF THE COMMUNITY DEVELOPMENT GRANT PROGRAM COULD HELP IN THIS SITUATION. COMMISSIONER SCHMUCKER STATED THAT THIS IS IN THE OSLO AREA WHICH IS BEING CONSIDERED BY THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE AT THIS TIME. IF RIGHT—OF—WAY COULD BE OBTAINED, POSSIBLY A ROAD COULD BE BUILT WITH COMMUNITY DEVELOPMENT FUNDS. HE SUGGESTED THAT MR. KING CONTACT THE OWNERS OF PROPERTY ON THE NORTH AND SOUTH SIDE OF HIS PROPERTY TO REQUEST THAT THEY GRANT AN EASEMENT IN ORDER TO PUT IN A ROAD. HE 8- 5 FEB 41976 eQPay � 1.7 r CONTINUED THAT MR. KING WILL BE HELPING HIMSELF BY OBTAINING RIGHT—OF—WAY. HE WILL THEN BE ABLE TO BUILD ON HIS PROPERTY AND THERE IS A GOOD CHANCE OF HAVING THE ROAD BUILT WITH COMMUNITY DEVELOPMENT GRANT FUNDS. ATTORNEY COLLINS STATED THAT THE PROBLEM OF FUTURE SALES SHOULD y d BE REFERRED TO CHARLES SMITH, ATTORNEY REPRESENTING MR. KING — BECAUSE PROP— ERTY IN THIS SUBDIVISION IS STILL BEING SOLD BY SAM BROWN, MR. WALKER STATED THAT HE WILL WORK WITH MRS KING GUIDING HIM ON HOW TO PROCEED IN OBTAINING PERMITS TO BUILD A HOUSE ON HIS PROPERTY. DR. DAVID SMITH, COUNTY CONSULTING ENGINEER APPEARED REQUESTING APPROVAL TO INCREASE THE GRANT ALLOTMENT ON THE 201 PLAN TO DO WORK THAT THE DEPARTMENT OF ENVIRONMENTAL REGULATIONS ORIGINALLY PLANNED TO AC— COMPLISH. THIS CHANGE IN WORK SCOPE AND THE CHANGE 'IN THE GRANT AMOUNT WILL•NOT OBLIGATE INDIAN RIVER COUNTY TO REIMBURSE THE CONSULTING ENGINEERS FOR ANY FUNDS OTHER THAN GRANT FUNDS RECEIVED. THE GRANT INCREASE IS IN THE AMOUNT OF $3,075.00 AND IT IS TO PERFORM MATHEMATICAL MODELING OF THE INDIAN RIVER. AFTER DISCUSSION A MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR TO SUBMIT A LETTER TO THE DEPARTMENT OF ENVIRONMENTAL RE— GULATIONS AUTHORIZING A GRANT INCREASE IN THE AMOUNT OF $3,075.00 ON THE 201 PLAN BECAUSE WORK ORIGINALLY PLANNED TO BE ACCOMPLISHED BY THE DE— PARTMENT OF ENVIRONMENTAL REGULATIONS WILL NOW BE DONE BY SVERDRUP & PARCELS AND ASSOCIATES, INC. AND BEINDORF AND ASSOCIATES, INC., A JOINT VENTURE; AND AUTHORIZED THE REQUEST TO PERFORM MATHEMATICAL MODELING OF THE INDIAN RIVER. L. RAY CUNNINGHAM, WHO OWNS LOT 6, BLOCK B., DODGERTOWN SUBIDIVISION APPEARED REQUESTING ABANDONMENT OF A PORTION OF 27TH STREET LOCATED ON THE NORTH SIDE OF HIS PROPERTY. MR. CUNNINGHAM STATED THAT THE PROPERTY IS USED AS A RACETRACK FOR MOTORIZED VEHICLES AND HE WOULD LIKE TO IMPROVE THIS PROPERTY FOR A PLANNED HOMESITE. MR. CUNNINGHAM STATED THAT BARBARA DURHAM IS THE PROPERTY OWNER ON THE SOUTH SIDE OF 27TH• STREET AND SHE HAS EXPRESSED NO INTEREST IN OB— TAINING ANY OF THIS PROPERTY. 2 � 4;z 8 I n 0 3 THE COUNTY ADMINISTRATOR STATED THAT HAMPSHIRE SUBDIVISION ADJOINS DODGERTOWN SUBDIVISION AND 27TH STREET IS NOT A THROUGH STREET. THERE IS A HOUSE AND TREES IN WHAT WOULD BE 27TH STREET. THE COUNTY ADMINISTRATOR RECOMMENDED THAT IF THE BOARD APPROVES ABANDONMENT OF THIS PORTION OF 27TH STREET, THAT A DRAINAGE EASEMENT BE GRANTED TO THE COUNTY. ATTORNEY COLLINS STATED THAT THIS PROPERTY WOULD HAVE TO BE ABANDONED TO THE JOINT PROPERTY OWNERS AND IT WOULD BE THEIR RESPONSIBILITY TO HAVE A CONVEYANCE PREPARED, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED ADVERTISEMENT FOR A PUBLIC HEARING TO ABANDON A PORTION OF 27TH STREET FROM 52ND AVENUE EAST 100 FEET; THAT A 20 FOOT EASEMENT BE DEDICATED FOR A DRAINAGE DITCH SUBJECT TO APPROVAL OF THE COUNTY ADMINISTRATOR AS TO THE LOCATION OF THE DRAINAGE DITCH. THE BOARD INFORMED MR. CUNNINGHAM THAT THE PETITIONER PAYS FOR THE LEGAL NOTICE AND PROVIDED IT IS GRANTED, THE PETITIONER PAYS FOR THE PREPARATION OF THE DEED. THE BOARD REQUESTED A LETTER FROM BARBARA DURHAM STATING THAT SHE HAS NO OBJECTION TO THE ABAND04MENT OF THIS PROPERTY. ROBERT .JACKSON, ATTORNEY REPRESENTING KEENfS SUPERMARKET, INC. APPEARED REQUESTING THE RELEASE OF A FIVE FOOT EASEMENT ALONG THE REAR OF ALL LOTS WITHIN BLOCK 1 OF ROSEDALE GARDENS SUBDIVISION, WHICH HAVE NOT BEEN RELEASED BY A RESOLUTION DATED OCTOBER 7, 1958. MR. .JACKSON STATED THAT KEEN'S WILL COMMENCE CONSTRUCTION SHORTLY ON'A NEW SUPERMARKET BUILDING. MR. KEENS OWNS THE ENTIRE BLOCK 1 AND IT IS NECESSARY THAT THE EASEMENTS BE RELEASED SINCE THE NEW BUILDING WILL ENCROACH THEREON. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY AUTHORIZED THE RELEASE OF FIVE FOOT EASEMENTS ALONG THE REAR OF ALL LOTS WITHIN BLOCK 1 OF ROSEDALE GARDENS SUBDIVISION EXCEPT THOSE EASEMENTS ABANDONED IN 1958, AS REQUESTED BY KEEN'S SUPERMARKET, INC. m10- b-: FEB 41976 Boor 19 I ' e I i DEWEY WALKER, ZONING DIRECTOR APPEARED REQUESTING RELEASE OF AN EASEMENT ON THE SOUTH PROPERTY LINE OF LOT 4, SUNCREST TERRACE SUBDIVISION, UNIT 1, PLAT BOOK 5, PAGE 1, AS REQUESTED BY DANTE J. MICHAUD, MR. WALKER STATED THAT THIS REQUEST FROM MR. MICHAUD FOR A RELEASE OF EASEMENT IS SO HE CAN FENCE IN THE REAR PORTION OF HIS YARD IN ORDER TO RESTRAIN HIS GERMAN SHEPARD DOG AND TO KEEP VANDALS FROM PIERCING THE SCREEN AROUND HIS POOL. MR. WALKER CONTINUED THAT THERE IS ONLY 12 FEET FROM MR. MICHAUD'S HOUSE TO THE PROPERTY LINE AND IN ACCORDANCE WITH ZONING REGULATIONS, THE FENCE WOULD BE IN THE DRAINAGE EASEMENT. THE COUNTY ADMINISTRATOR STATED THAT THIS IS THE ONLY DRAINAGE FOR THIS SUBDIVISION AND THAT A FENCE LOCATED IN THIS IZ FOOT EASEMENT WOULD CREATE A PROBLEM .IN MAINTAINING THIS DRAINAGE DITCH, ATTORNEY COLLINS SUGGESTED REFERRING THIS TO THE BOARD OF ZONING ADJUSTMENT FOR A VARIANCE TO RELEASE A PORTION OF THIS EASEMENT. THE COUNTY ADMINISTRATOR STATED THAT HE WOULD NOT RECOMMEND ABANDONING THIS EASEMENT. IF YOU RELEASE A PART OF THE EASEMENT FORA FENCE. YOU MIGHT BE PUT IN A POSITION OF RELEASING EASEMENTS ALL OVER THE COUNTY. nN :'MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCHMUCKER. THE BOARD UNANIMOUSLY DENIED THE REQUEST TO RELEASE ANY PORTION OF THE 12 FOOT EASEMENT ON THE SOUTH SIDE OF LOT 4, SUNCREST TERRACE, UNIT 1, AS REQUESTED BY MR..DANTE J. MICHAUD BECAUSE.OF THE NECESSITY FOR DRAINAGE IN THIS SUBDIVISION, COMMISSIONER SCHMUCKER INFORMED THE BOARD THAT HE HAS A CONFLICT FEB41976 OF INTEREST WITH THE FOLLOWING REQUEST FOR FINAL APPROVAL OF REPLAT OF WESTGATE COLONY SUBDIVISION, UNIT 2, PORTION OF TRACT 2 AND DID FILE AN AFFIDAVIT WITH THE CLERK OF CIRCUIT COURT, AS SHOWN IN THE MINUTES OF. .JANUARY 7, 1976. COMMISSIONER SCHMUCKER LEFT THE MEETING FOR :THIS DISCUSSION. HARLAN PETERSON WITH TOTAL DEVELOPMENT APPEARED AND INFORMED THE BOARD THAT THIS SUBDIVISION LIES IN THE AREA OF 21ST STREET BETWEEN 79TH AND 80TH AVENUES. THE COUNTY ADMINISTRATOR STATED THAT THE SUBDIVISION REVIEW COM— MITTEE OFFERED NO OBJECTIONS TO FINAL APPROVAL. ® 11 ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL TO A REPLAT OF WESTGATE COLONY SUBDIVISION, UNIT 2, PORTION OF TRACT 2. COMMISSIONER SCHMUCKER RETURNED TO THE MEETING. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUC*XER, THE BOARD UNANIMOUSLY APPOINTED ROBERT McLOGAN, A RESIDENT OF DISTRICT 5, TO SERVE ON THE BOARD OF ZONING ADJUSTMENT, AS RECOMMENDED BY CHAIRMAN SIEBERT. -12.- rtB 41976 e RESOLUTION NO. 76-7 WHEREAS, effective January 21, 1976, CAPTAIN. HOWARD Z. SENIF resigned from the BOARD OF ZONING ADJUSTMENT from District 5; and WHEREAS, ROBERT McLOGAN has agreed to fill the vacancy on the BOARD OF ZONING ADJUSTMENT, and has been appointed, effective February 4, 1976, to that position; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that effective February 4, 1976, ROBERT McLOGAN is hereby appointed to serve from District 5 on the INDIAN RIVER COUNTY BOARD"OF ZONING ADJUSTMENT. i This Resolution shall become effective as of the 4th day of February, 1976. BOARD OF COUNTY COMMISSIONERS OF INDIA R VE COy Y, L RI By Attest: Ralph Har s, Clerk Willard W. Siebert, Jr., Chairman e r oar 25"A,,^{ ?2 e THE COUNTY ADMINISTRATOR INFORMED THE BOARD THAT THE BIDS RECEIVED ON A BACKHOE LOADER AT THE JANUARY 21, 1976 MEETING WERE EVALUATED AND HE PRESENTED THE TWO LOW BIDS FOR DISCUSSION: PIPPIN TRACTOR & EQUIPMENT, VERO BEACH $15,990.00 MASSEY—FERGUSQQN MODE #50—A LARGE TIRES CL TIRES . FLORIDA—GEORGIA TRACTOR CO., TAMPA $16,170.72 JNTERNATIONAi, H RVESTER #IH -2515 LARGE IRES 4 TIRES) �./L THE COUNTY ADMINISTRATOR STATED THAT THERE IS A DIFFERENCE OF $60.72 AND IT WOULD BE HIS RECOMMENDATION TO PURCHASE THE BACKHOE LOADER FROM FLORIDA—GEORGIA TRACTOR CO. BECAUSE IT HAS AN ADDITIONAL REACH OF 9 INCHES WHICH WOULD BE AN ADVANTAGE. IN THE SPECIFICATIONS AN 1$ INCH REACH WAS SPECIFIED, AND THIS IS 17 FEET 11 INCHES. THE PIPPIN TRACTOR & EQUIPMENT BACKHOE LOADER REACH WAS 17 FEET 2 INCHES. COMMISSIONER SCHMUCKER QUESTIONED IF THE ADDITIONAL 9 INCHES IS THAT IMPORTANT OVER PURCHASING EQUIPMENT LOCALLY. THE COUNTY ADMINISTRATOR STATED THAT USUALLY PURCHASING EQUIPMENT LOCALLY WOULD BE AN ADVANTAGE, BUT GETTING FOUR TIRES AND THE ADDITIONAL 9 INCHES IN REACH ARE MORE OF AN ADVANTAGE. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy, TO ACCEPT THE BID OF FLORIDA—GEORGIA TRACTOR COMPANY IN THE AMOUNT OF $16,400.72, AS BEING THE BEST BID MEETING SPECIFICATIONS. COMMISSIONER $CHMUCKER STATED THAT HE FEELS WE SHOULD PURCHASE EQUIPMENT FROM LOCAL COMPANIES. THE CHAIRMAN CALLED FOR THE MOTION: COMMISSIONER $CHMUCKER VOTED IN OPPOSITION, THE BOARD VOTED IN FAVOR AND THE MOTION WAS CARRIED. CHAIRMAN SIEBERT PRESENTED TO THE BOARD FOR THEIR CONSIDERATION, WORDING TO BE PUT ON THE MARCH 9TH PRESIDENTIAL PREFERENCE PRIMARY BALLOT, REGARDING THE COUNTY GETTING.INTO AN ORGANIZED RECREATION AREA. COMMISSIONER $CHMUCKER STATED THAT AT FIRST HE WAS CONCERNED THAT THERE WAS NOT ENOUGH DETAILED INFORMATION IN THE REFERENDUM, BUT HE HAS NOW CHANGED HIS CONCERN AND IS MOST OPPOSED TO THE PROPOSED ONE—HALF MILL OUTSIDE THE COUNTY'S 10 MILL CAP. HE FEELS THE TAXPAYER SHOULD NOT BE TAXED OUTSIDE OF THE CAP FOR RECREATION, THAT THIS MONEY SHOULD BE KEPT WITHIN THE 10 MILL LIMITATION. 14 I FEB 41976 u CHAIRMAN $IEBERT STATED THAT THIS IS A PHILOSOPHICAL QUESTION: "IS THIS AN AREA THE BOARD SHOULD BE INTO AND DO YOU AGREE WITH THE ADDITION OF UP TO 1/2 MILL." COMMISSIONER MASSEY STATED THAT THE WORD "ADDITIONAL" IN THE WORDING COULD BE A DEBATABLE POINT. ATTORNEY COLLINS STATED THAT WHATEVER THE WORDING., LITERATURE DILL BE AVAILABLE TO EDUCATE THE PUBLIC PRIOR TO THE ACTUAL VOTE BEING, TAKEN IN THE CREATION OF A TAXING AUTHORITY. COMMISSIONER SCHMUCKER STATED THAT AN ORGANIZED.PROGRAM DOES NOT INCLUDE CAPITAL IMPROVEMENTS. COMMISSIONER SOY QUESTIONED HOW YOU CAN HAVE AN ORGANIZED PROGRAM WITHOUT CAPITAL IMPROVEMENTS. COMMISSIONER $CHMUCKER STATED THAT HE IS NOT OPPOSED TO ANY PART OF THE QUESTION BUT THE 1/2 MILL; IT SHOULD BE WITHIN OUR BUDGET LIMIT- ATIONS. HE CONTINUED THAT HE IS FULLY IN FAVOR OF ORGANIZED RECREATION, BUT IS MORE OPPOSED TO HIGHER TAXES, CHAIRMAN SIEBERT STATED THAT THE WORD "ADDITIONAL" IS NECESSARY AS HE DOES NOT WANT ANYBODY TO GET THE IDEA THAT IN OUR PRESENT MILLAGE RATE, WE CAN SPEND 1/2 MILL FOR RECREATION. WE CANNOT CUT BACK PRESENT SERVICES IN ORDER TO PROVIDE ADDITIONAL RECREATION. COMMISSIONER WODTKE STATED THAT WE HAVE ARRIVED AT A POINT WHERE WE ARE BEING PRESSURED BY PEOPLE WHO WANT ADDITIONAL RECREATION AND OTHER PEOPLE WHO DO NOT WANT ADDITIONAL TAXES, AND HE FEELS THE WORDING SUGGESTED BYCHAIRMAN $IEBERT TO GO ON THE BALLOT WILL GIVE.PEOPLE THE OPPORTUNITY TO VOICE THEIR OPINION. CHAIRMAN Loy STATED THAT WE ARE MERELY ASKING A QUESTION, IN ORDER TO GUIDE THIS BOARD FOR FUTURE PLANS AND ALL VOTERS WILL VOTE ON THIS QUESTION. ATTORNEY COLLINS STATED THAT HE AGREES WITH THE WAY THE CHAIRMAN PHRASED THE WORDING TO GO ON THE BALLOT. AFTER DISCUSSION A MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SOY, COMMISSIONER $CHMUCKER VOTED IN OPPOSITION, THE. BOARD VOTED IN FAVOR OF ADOPTING A RESOLUTION TO BE WORDED AS FOLLOWS: ADVISORY REFERENDUM "DO YOU DESIRE THEBOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY TO CONTINUE TO PURSUE THE IMPLEMENTATION AND OPERATION OF AN ORGANIZED COUNTY RECREATION PROGRAM IN YOUR AREA PROVIDED THE ADDITIONAL AD -VALOREM TAXES FOR THIS PURPOSE NOT EXCEED ONE-HALF (1/2) MILL." YES - IS - NO FEB 41976 25 f.d�� 24 i AND THE BOARD AUTHORIZED THE ABOVE BE PLACED ON THE LARCH 9TH, 1976 PRESIDENTIAL PREFERENCE PRIMARY BALLOT. RESOLUTION NO. 76-8 WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA have prepared a draft of a TAXING DISTRICT for the entire County, including the municipalities, conditioned upon the municipalities approving their boundaries being Incorporated within the TAXING DISTRICT; and WHEREAS, the City of Vero Beach has informally indicated to the BOARD OF COUNTY COMMISSIONERS OF INDIANRIVER COUNTY, FLORIDA that the City did not want to be included within the boundaries of the TAXING DISTRICT; and WHEREAS, the greatest population center in Indian River County is located within the boundaries and peripheral area of the City. of Vero Beach; and WHEREAS, THE BOARD OF COUNTY COMMISSIONERS have determined that the residence of Indian River County should have some input into the Board's final decision regarding the function of County Government providing recreational services; and WHEREAS, for the purposes of allowing the County residents to provide input to THE BOARD OF COUNTY COMMISSIONERS, an advisory question will appear upon the Ballot of the March 9th Primary Election; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following question will be on the Ballot for the March 9, 1976 Primary, for the purposes of allowing the residentd of Indian River County, Florida to give their views for THE BOARD OF COUNTY COMMISSIONERS consid- eration regarding organized recreation within Indian River County, Florida, the wording of said Ballot will be as follows: ���� 25 PAP, 25 V ADVISORY REFERENDUM Do you desire the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA to continue to pursue the imple- mentation and operation of an organized County Recreation Program in your area, provided the additional ad valorem taxes for this pur- pose not exceed one-half (1/2) mill? This Resolution shall become effective as of the 4TH day of FEBRUARY 1976. BOARD OF COUNTY COMMISSIONERS OF INDIA EROU,NTY, FLOOR A By `!'• -% Willard W. Siebert, Jr., Cha' n Attest: Ralph Barris, Clerk Bo�K 25.GF FEB 41976 THE BOARD DISCUSSED AMENDING RESOLUTION 75-61 WHICH CREATED THE COUNTY PLANNING DEPARTMENT AND PROVIDES THAT THE COUNTY PLANNING DIRECTOR BE APPOINTED BY THE BOARD OF COUNTY COMMISSIONERS ON AN ANNUAL BASIS. THE NEW PROPOSED RESOLUTION STATED THAT THE PLANNING DIRECTOR SHALL BE HIRED AND SERVE UNDER THE DIRECTION OF THE COUNTY ADMINISTRAT©R. COMMISSIONER WODTKE STATED THAT HE FEELS THE HIRING OF A PLANNING DIRECTOR SHOULD BE APPROVED BY THE BOARD, ATTORNEY COLLINS STATED THAT THE PURPOSE OF THIS PROPOSED RESOLUTION IS TO DECENTRALIZE THE AUTHORITY FROM THE BOARD AND GIVE IT TO THE COUNTY ADMINISTRATOR. CHAIRMAN Loy STATED THAT THIS IS A STEP IN THE RIGHT DIRECTION, AND AGREED THAT AFTER THE COUNTY ADMINISTRATOR MARES HIS SELECTION; HE WOULD MAKE.HIS RECOMMENDATION TO THE BOARD FOR THEIR FINAL APPROVAL. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 76-9 WITH THE APPROPRIATE CHANGE. -18- 27 n RESOLUTION NG. 76-9 AMENDMENT TO RESOLUTION NO. 75-61 ' WHEREAS, on the 24th day of Saptember, 1975, the Board of County Commissioners of Indian River County, Florida, by Res- olution No. 75-61 created its own independent Planning Department to serve the needs of the County and other participating municipalities; and WHEREAS, Resolution No. 75-61 provided that the Planning Director shall be appointed by the Board of County Commissioners on an annual basis; and WHEREAS, the Board of County Commissioners of Indian River County, Florida intend to amend Resolution No. 75-61 by making the Planning Director directly responsible to the County Administrator on matters of a routine nature, on a day to day basis,and appointed by the County Administrator, subject to the approval of the Board of County Commissioners of Indian River County, Florida; NOW, 'THEREFORE, BE IT RESOLVED that Resolution No. 75-61 is hereby amended and that from the date of this Amending Resolution, the Planning Director shall report directly to the County Administrator on matters of routine nature, on a day to day basis, and such Planning Director shall be hired by the County Administrator for Indian River County, Florida, subject to the approval of the Board of County. Commissioners and BE IT FURTHER RESOLVED that as to all other matters set forth in Resolution No. 75-61 that except as specifically amended, the balance of the terms of Resolution No. 75-61 shall remain in full force and effect. I HEREBY CERTIFY that the foregoing Resolution was passed by the Board of County Commissioners of Indian River County, Florida, on the 4TH day of FEBRUARY 1976. BOARD OF COUNTY COMMISSIONERS OF IND VE T FLOIiIA BY - Willard W. Siebert, Jr., Ch firman Ralph rris,' Clerk FEB 41976 8 .1 L- A MEMORANDUM FROM VAL BRENNAN'S OFFICE DATED .JANUARY 15,1976 REGARDING ASSIGNING STREET NAMES AND NUMBERS WAS DISCUSSED AND THE COUNTY ADMINISTRATOR SUGGESTED THAT HE -WORK WITH MR. BRENNAN TO CLARIFY ASSIGNMENT OF STREET NUMBERS AND NAMES, THE BOARD THEN DISCUSSED THE WORK BEING REQUESTED OF THE PLANNING DEPARTMENT BY THE CHARTER COMMISSION. MR. BRENNAN STATED THAT THE TIME NECESSARY TO DO THE WORK REUQESTED IS A PROBLEM ALONG WITH THE FACT THAT THERE ARE ONLY FOUR EMPLOYEES IN THE PLANNING DEPARTMENT. THE BOARD AGREED THAT THE CHARTER COMMISSION.REQUESTS SHOULD CARRY PRIORITY AND RECOMMENDED THAT MR. BRENNAN DISCUSS THIS WITH THE COUNTY ADMINISTRATOR. THE BOARD RECESSED AT 12:00 O'CLOCK NOON AND RECONVENED AT 1:30 O'CLOCK P.M. RICHARD P. BOGOSIAN, ATTORNEY REPRESENTING LAUREL HOMES, INC. APPEARED REGARDING THE CREATION OF -A SPECIAL TAXING DISTRICT FOR STREET LIGHTS IN THE LAURELWOOD SUBDJVISION UNIT 1. MR. BOGOSIAN INFORMED THE BOARD THAT THE COST PER LOT FOR STREET LIGHTS WILL BE $10.31.• THERE WILL BE NO COST TO THE COUNTY OTHER THAN ADMINISTRATIVE COSTS, WHICH COULD BE PASSED ON TO THE CUSTOMER. HE CONTINUED THAT ORANGE COUNTY IS USING A FIGURE OF $1.00 FOR ADMINISTRATIVE COSTS, CHAIRMAN SIEBERT QUESTIONED WHY THIS IS NOT BEING DONE BY A COVENANT, MR. BOGOSIAN STATED THAT WITH A COVENANT, IF A RESIDENT DID NOT PAY HIS BILL, THE OTHER RESIDENTS WOULD HAVE TO PAY IT. MR. BOGOSIAN CONTINUED THAT IN A TAXING DISTRICT, FLORIDA POWER AND LIGHT WILL PUT UP THE FACILITIES AT NO.CHARGE TO THE DEVELOPER. EACH PROPERTY OWNER WILL BE TREATED EQUALLY BECAUSE ALL THE HOMES WILL BE BASICALLY IN THE SAME PRICE RANGE. A PER LOT CHARGE WILL PROBABLY BE THE BEST WAY TO GO RATHER THAN A MILLAGE RATE, THE BOARD DISCUSSED THE ADMINISTRATIVE COST OF $1.00. MR. BOGOSIAN•STATED THAT HE FEELS $1.00 FOR ADMINISTRATIVE COST PROBABLY WILL NOT BE SUFFICIENT, BUT THE BOARD CAN CHARGE WHAT THEY FEEL IS ADEQUATE, MR. BOGOSIAN CONTINUED THAT THE $10.31 CHARGE IS ESTABLISHED BY THE PUBLIC UTILITY BOARD. ®20- ox 25 U9 r w r`; e MR. BOGOSIAN STATED THAT FLORIDA POWER AND LIGHT WILL CHARGE FnR INSTALLING EVERY LIGHT POLE IF THERE IS NO TAXING DISTRICT. COMMISSIONER MASSEY, SUGGESTED A MONTHLY FIXED AMOUNT FOR STREET LIGHTS FOR EACH RESIDENT ADDED TO THEIR UTILITY BILL. MR. BOGOSIAN STATED THAT IF YOU ADD IT TO EACH HOUSE -SOME WILL NOT PAY THEIR BILLS, SO FLORIDA POWER AND LIGHT WOULD ADD THAT CHARGE TO THE OTHER RESIDENTS. HE CONTINUED THAT HE FEELS THIS IS THE BEGINNING OF TAXING DISTRICTS. MR. BOGOSIAN STATED THAT HE WILL HAVE TO MEET WITH THE PROPERTY APPRAISER AND THE TAX COLLECTOR TO FIND OUT THE COST OF ADDING A TAXING DISTRICT TO THE TAX ROLL PLUS THE COMMISSION INVOLVED. THE BOARD AGREED THAT INFORMATION FROM HOMER C. FLETCHER IS NECESSARY BEFORE THIS CAN GO TO A PUBLIC HEARING. ATTORNEY COLLINS STATED THAT BEFORE A PUBLIC HEARING IS ADVERTISED HE WOULD LIKE TO MEET WITH FLORIDA POWER AND LIGHT OFFICIALS AS THERE ARE ITEMS THAT HE IS .NOT ABREAST WITH AND HE WOULD LIKE TO TALK TO THEM FIRST. PETER ROBINSON, VICE PRESIDENT OF LAUREL HOMES WAS PRESENT AND HE STATED THAT FLORIDA POWER AND LIGHT CAME UP WITH A CONTRACT FOR LAUREL HOMES TO SIGN REGARDING INSTALLATION OF STREET LIGHTS IN LAURELWOOD SUBDIVISION. AT THAT TIME THEY WERE TOLD THAT WORK WAS BEING DONE TO CREATE A TAXING DISTRICT. THEY STATED THAT IF WE WERE TALKING ABOUT A TAXING DISTRICT THERE WOULD BE NO CHARGE TO PUT UP THE LIGHT POLES. THE TAXING DISTRICT GUARANTEES THEM THAT THE BILLS WILL BE PAID. THE COST OF INSTALLATION AND EQUIPMENT WOULD COME TO $3,300.00. MR. ROBINSON CONTINUED THAT THE UNDERGROUND POWER LINES WILL BE GOING IN THE FIRST OF MARCH AND FLORIDA POWER AND LIGHT INDICATED THAT IT WOULD BE CONVENIENT FOR THEM TO PUT THE POLES UP WHEN THE POWER LINES ARE PUT IN. 21 J , 9 u ATTORNEY COLLINS STATED THAT IF THE BOARD WOULD LIKE TO AUTHORIZE A PUBLIC HEARING HE HAS NO OBJECTIONS, CHAIRMAN SIEBERT REQUESTED MR, BOGOSIAN-TO INVESTIGATE WHAT THE ADMINISTRATIVE COSTS WILL BE, MR. BOGOSIAN STATED THAT HE WILL GO TO ALL AGENCIES TO FIND OUT EXACTLY WHAT IT WILL COST THE COUNTY. COMMISSIONER SCHMUCKER STATED THAT HE WOULD LIKE TO SUGGEST THAT ATTORNEY COLLINS MEET WITH FLORIDA POWER AND LIGHT OFFICIALS BEFORE THE PUBLIC HEARING. A MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED ADVERTISEMENT FOR A PUBLIC HEARING ON LUARELWOOD SUBDIVISION TAXING DISTRICT, SUBJECT TO THE DATE BEIN G APPROVED BY THE COUNTY ADMINISTRATOR. THE BOARD DISCUSSED LAURELWOOD HOMES' BOND ESCROW AGREEMENT AND FINAL PLAT APPROVAL. THE COUNTY ADMINISTRATOR STATED THAT THE ORIGINAL PLAT HAS BEEN COMPLETED AND HE RECOMMENDS FINAL PLAT APPROVAL AND HE HAS NO OBJECTION TO THE FILING OF A BOND IN THE AMOUNT OF $60,500,00. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED FINAL PLAT APPROVAL OF LAURELWOOD SUBDIVISION, UNIT 1 AS SUBMITTED AND RECOMMENDED BY THE COUNTY ADMINISTRATOR. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ACCEPTED THE ESCROW AGREEMENT FROM LAUREL HOMES, INC.. IN THE AMOUNT OF $60,500.00 AS RECOMMENDED BY THE COUNTY ATTORNEY AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN, 22 FEB 41976 nai '25 4u cF 31 r ESCROW AGREMMNT THIS AGREMENT, made and entered into this 26th day o.f January, 1976 by and. between LAUREL HOMES, INC., Developer of the Subdivision, LAURELWOOD, UNIT 1, and the BOARD OF COUNTY COMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. WITNESSETHs 1. The Developer hereby deposits in' escrow with the BOARD OF COUNTY COMUSSION of Indian River County, Florida, SIXTY THOUSAND, FIVE HUNDRED AND N0/100 DOLLARS ($60,500.00) to guarantee that all improve- ments set forth on plans and specifications for the above subdivision will be fully completed and paid for. 2. That BOARD agrees to hold said funds and to pay the same out in the following manners a) To the Developer upon request and upon proof satisfactory to the Board that work has progressed satisfactorily to the state of development for which the payment is made, said proof to include a certificate to that effect signed by the Developer and the County Administrator, and upon proof satisfactory to the Board that all bills therefore have been paid to date, including, but not limiting thereto, bills for surveying, engineering and land clearing, and work and material used in the construction of roads which are included in the plan of development. • b) Upon a determination that any portion or all.of the said improvements have not been performed by the Developer within 365 calendar days from the date of this agreement, the Board is here- by ereby authorized, but not obligated, to take over and perform any such uncompleted work and to use for such purposes the funds so deposited in escrow. c) Further, the Board is authorized to pay any bills for said improvements upon proof satisfactory to the Board that such claims are just and unpaid, and the Developer hereby consents to any such payments and authorizes and ratifies any such action on ,the part of the Board and agrees to protect and save harmless said Board from any claims of any persons whomsoever on account .of any improvements which may not have been completed or paid for. d) Ten percent (10%) of the entire deposit shall.not be released by the Board pending final completion of improvements and certi- fication by the Developer°s engineer and the County Administrator that the improvements have been completed satisfactorily and that. all work and materials have been paid in full. loft FEB 41976 c, BD�fi _5 Air 32 C s) After the Board of County Commissioners is satisfied that all work has been satisfactorily completed and all bills for work and materials have been paid, the Board shall release to the Developer any funds remaining in the escrow account. THIS AGREEMENT, signed and sealed, the day and year first above written. WITNESSESs BOARD OF COUNTY'COMMISSIOVERS OF INDIP RIVER COUNTY, FLORIDA Chair of the BoaAdip ATTEST: Clerk"of the Board LAUREL HOMES, INC. BYa - — AX'\ Qe_.--0�0 a k-78;6- Robinson; President DEVELOPER'S COST COMPLETION BOND KNOW ALL MEN BY THESE PRESENTS, That'the undersigned LAUREL HObMS, INC. as PRINCIPAL is held and firmly bound unto the BOARD OF COUNTY C0104ISSIONERS of INDIA14 RIVER COUNTY, FLORIDA, in the cash penal sum of SIXTY-T-HOUSAND, FIVE.HUNDRED AND N0/100 DOLLARS ($60,500.00), which sum has been deposited in escrow with the Board of County Commissioners of Indian River County, Florida. in accordance with the provisions of an Escrow Agreement of even date which is attached hereto and made a part hereof by this .reference to it, Laurel Homes, Inc. does bind itself, successors, assigns and legal representatives, jointly and severally, firmly by this Bond. The condition of this Bond is that the improvements to be made as shown on Subdivision Plans and Specifications dated November 4, 1975, including surveying, engineering, and land. clearing for the Subdivision, Laurelwood, Unit 1, shall be completed within the time specified therein or any extension thereof, and all costs incurred in connection therewith shall be paid in full, and in accordance therewith and -with the documents and specifications referred to therein or attached thereto, then this obligation shall be null and void, otherwise it shall remain in full force and effect. a DATED: January 26, 1976 LAUREL HOMES, INC. a Bys J sepht . Rdbinson, President FEB 4 1976 25 33 6 F, t RICHARD P. BOGOSIAN, ATTORNEY REPRESENTING IXORA PARK UTILITIES, APPEARED TO DISCUSS SETTING A PUBLIC HEARING FOR A RATE INCREASE FOR IXORA PARK UTILITIES. MR. BOGOSIAN STATED THAT HE HAD SUBMITTED A SPECIAL AUDIT REPORT, BUT HE RECEIVED A LETTER FROM THE COUNTY ADMINISTRATOR REQUESTING A CERTIFIED PUBLIC AUDIT ON THESE UTILITIES. HE CONTINUED THAT WHEN HE ORIGINALLY TALKED TO THE ACCOUNTANT FOR IXORA PARK, HE INFORMED HIM THE BOARD WOULD NOT REQUIRE A CERTIFIED AUDIT. WHEN HE TALKED -TO HIM AGAIN, HOWEVER, AND INFORMED HIM OF THE NECESSITY OF A CERTIFIED AUDIT, THE ACCOUNTANT STATED THAT IT WOULD TAKE APPROXIMATELY 6 MONTHS AND WOULD COST ABOUT $15.000,00. MR. BOGOSIAN STATED THAT IXORA UTILITY SEWER AND WATER FRANCHISE HAS BEEN IN OPERATION FOR THE PAST 16 YEARS AND HAS NOT INCREASED THEIR RATES IN 16 YEARS. IT NOW APPEARS THAT THEY WILL HAVE TO SPEND MONEY TO IM- PROVE THEIR SYSTEM AND BRING IT UP TD DEPARTMENT OF POLLUTION CONTROL AND DEPARTMENT OF ENVIRONMENTAL REGULATION STANDARDS, AND IXORA UTILITIES CANNOT MAKE THESE MODIFICATIONS WITHOUT A RATE INCREASE ATTORNEY COLLINS STATED -THAT THIS REQUEST INVOLVES A GREAT NUMBER OF PEOPLE, AND SOMETHING SHOULD BE WORKED OUT SO THAT ALL RESIDENTS WILL BE NOTIFIED OF THIS PUBLIC HEARING. MR. BOGOSIAN STATED THAT HE FEELS IXORA UTILITIES.WOULD NOT OBJECT TO SENDING OUT NOTICES TO EACH INDIVIDUAL. COMMISSIONER Loy STATED THAT BEFORE THE PUBLIC HEARING, SHE WOULD LIKE TO KNOW HOW MANY UNITS ARE INVOLVED; WHY THEY HAVE TO HAVE THIS TYPE OF INCREASE; AND AS MUCH INFORMATION ABOUT THE OPERATION AS POSSIBLE. SHE FEELS THIS BOARD SHOULD HAVE A CHANCE TO REVIEW THIS INFORMATION BEFORE THE PUBLIC HEARING. CHAIRMAN SIEBERT STATED THAT, IF APPROVED, THE RESIDENTS WILL PAY $19.35 FOR UTILITIES THAT THEY ARE NOW PAYING $7.04 FOR. COMMISSIONER Loy STATED THAT SHE WOULD LIKE THIS AMOUNT JUSTIFIED BEFORE THE BOARD SETS A PUBLIC HEARING, MR. BOGOSIAN STATED THAT HE WILL GET INFORMATION TO THE BOARD BEFORE THE NEXT MEETING IN TIME FOR THE COMMISSIONERS TO REVIEW IT. 27 FEB 41976 $Ji��yr 34 d ll= HARRY L. COX, PRESIDENT OF A & S AMBULANCE SERVICE, APPEARED AND REQUESTED A SUBSIDY IN THE AMOUNT OF $15,000 SO THAT THEY CAN CONTINUE TO PROVIDE NON -EMERGENCY AMBULANCE SERVICE. MR. COX STATED THAT A & S AMBULANCE SERVICE HAS BEEN IN BUSINESS FOR APPROXIMATELY 6 YEARS. ABOUT TWO YEARS AGO HE APPEARED BEFORE THE BOARD REGARDING THE EMERGENCY MEDICAL SERVICE LEGISLATION, AND HE WAS ADVISED AT THAT TIME TO WORK TOWARDS GETTING THE REQUIREMENTS FOR NON -EMERGENCY SERVICES CHANGED. MR. COX STATED THAT HE HAS WORKED ON THIS, BUT HAS NOT BEEN. ABLE TO CHANGE THIS ACT, HE CONTINUED THAT HE HAS RUN OUT OF MONEY AND IS IN NEED OF AN ANSWER FROM THE BOARD AS SOON AS POSSIBLE. MR. COX STATED THAT A & S AMBULANCE SERVICE HAS BEEN IN BUSINESS FOR APPROXIMATELY 6 YEARS. ABOUT Ti.70 YEARS AGO HE APPEARED BEPORE THE PoARD RE- GARDING A SUBSIDY RELATIVE TO EMERGENCY MEDICAL SERT/TCE LEGISLATION, AND HE WAS ADVISED AT THAT TIME TO WORK TOWARDS GETTING THE REOUIREMENtS FOR NON- EMERGENCY SERVICES CHANGED. MR, COX STATED THAT HE HAS WORKED ON THIS, BUT HAS NOT BEEN ABLE TO CHANGE THIS ACT, HE CONTINUED THAT HE HAS RUN OUT OF MONEY AND IS IN NEED OF AN ANSWER.FROM THE BOARD AS SOON AS PnSSIBLE. MR. COX SUBMITTED A FINANCIAL STATEMENT WHICH SHOWED A $4,605.00 DEFICIT. HE STATED THAT HE HAS NEVER.RECEIVED A SALARY IN THE SIX YEARS HE HAS OPERATED THIS SERVICE. MR. COX STATED THAT A & S AMBULANCE SERVICE GETS ALONG VERY WELL AND WORKS WELL WITH THE VOLUNTEER AMBULANCE SQUAD, AND AT TIMES THE VOLUNTEERS HAVE MADE RUNS THAT WERE NOT EMERGENCIES, BUT THEY HAVE DIFFICULTY SOMETIMES DISTINGUISHING EMERGENCIES FROM NON=EMERGENCIES. MR. COX CONTINUED THAT HE COLLECTS ON ONLY 50 - 51% OF HIS RUNS. COMMISSIONER WODTKE ASKED IF THE FEES CHARGED COULD BE RAISED. MR. COX STATED THAT THE FEES OF $1.00 PER MILE AND $25,00 PICK-UP ARE SET BY THE STATE, AND MOST OF HIS PATIENTS ARE INDIGENT. THE STATE IS NOW SUGGESTING DECREASING RATES. HE STATED THAT HE MADE 552 RUNS DURING 1975, AND 95% OF THEM WERE IN THE MEDICADE, MEDICARE CATEGORY. LEE NUZIE, PRESIDENT OF THE INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD APPEARED AND STATED THAT THIS WAS DISCUSSED AT THEIR BOARD MEETING, AND RICHARD TODD WAS REQUESTED TO PREPARE A STATEMENT. RICHARD TODD STATED THAT HE MET WITH THEIR ATTORNEY,, -B. T. COOKSEY, ON FEBRUARY T, 1976, AND A LETTER WAS WRITTEN TO CONFIRM THAT THE VOLUNTEERS -2g- FES 4197 �:., ��� �,, 35 e ARE ONLY ABLE TO HANDLE EMERGENCY RUNS AND CANNOT HANDLE NON -EMERGENCY RUNS UNDER THEIR PRESENT BY-LAWS, AND A & S IS A VERY DIFFERENT SERVICE AND IS NEEDED IN THIS COMMUNITY, THE FOLLOWING LETTER REGARDING THE INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD IS HEREBY BEING MADE A PART OF THESE MINUTES. M E M 0 To: Mr. Richard Todd From: B. T. Cooksey Re: Indian River County Volunteer. Ambulance Squad I have reviewed the Articles of Incorporation filed on April 19, 1966, and Article II states that the corpora- tion is organized "for the purpose of providing ambulance service where needed in connection with persons suffering from disease or injured by accident." Article XVIII, Section 1. of the By-laws provides: "The ambulance service provided by the Squad shall be an emergen- cy service and shall not include convenience or transporta- tion runs without the prior approval of the Squad chief. Due to these provisions it is my opinion that the Ambulance Squad is primarily an emergency service and it would not be possible to offer transportation or convenience runs without amending the Charter and By-laws of the organization. If I can give you any additional information to amplify this, please do not hesitate to advise me. Byron T. Cooksey BTC/ls 29 FEB 976 1 Mot 500 LAW OFFICES OF GDIJLD. CIJ0KSEY. FENNELL. APPLEBY & MCKINNON PROFESSIONAL ASSOCIATION POST OFFICE BOX 760 VERO BEACH, FLORIDA 32960 JOHN R. GOULD BEACHLMO SCULLVARD _ BYRON T. COOKSEY AT C6EAN DRIvE DARRELL FENNELL FRANK M. APPLEBY TELEVMoNE 867-8341 CHARLES R. MCKINNON AREA CDoE 305 WILLIAM J. STEWART SUZANNE M. SODEN OuR FILE No. LAWRENCE A. 13ARKETT February 2, 1976 M E M 0 To: Mr. Richard Todd From: B. T. Cooksey Re: Indian River County Volunteer. Ambulance Squad I have reviewed the Articles of Incorporation filed on April 19, 1966, and Article II states that the corpora- tion is organized "for the purpose of providing ambulance service where needed in connection with persons suffering from disease or injured by accident." Article XVIII, Section 1. of the By-laws provides: "The ambulance service provided by the Squad shall be an emergen- cy service and shall not include convenience or transporta- tion runs without the prior approval of the Squad chief. Due to these provisions it is my opinion that the Ambulance Squad is primarily an emergency service and it would not be possible to offer transportation or convenience runs without amending the Charter and By-laws of the organization. If I can give you any additional information to amplify this, please do not hesitate to advise me. Byron T. Cooksey BTC/ls 29 FEB 976 1 Mot 500 I COMMISSIONER SCHMUCKER STATED THAT A & S AMBULANCE SERVICE IS ASKING THIS BOARD TO SUBSIDIZE A PRIVATE BUSINESS, AND HE COULD NOT APPROVE THIS. MR.COX STATED THAT IF THE BOARD DOES NOT FURNISH HIM WITH THE MONEY, HE WILL HAVE TO DISCONTINUE THIS SERVICE, BUT FEELS IT WILL ST.ILL HAVE TO BE FURNISHED BY SOMEONE ELSE, COMMISSIONER LOY ASKED MR. COX WHAT RECOURSE HE HAS ON THE REJEC- TIONS OF PAYMENT BY THE STATE. MR. COX STATED THAT HE CAN GO BACK TO THE DOCTOR TO FILL OUT ANOTHER FORM AND SUBMIT IT TO THE BOARD IN .JACKSONVILLE WHO WILL REVIEW IT AGAIN. IF IT IS AGAIN REJECTED, HE CAN TRAVEL TO .JACKSONVILLE FOR HEARING. COMMISSIONER LOY ASKED IF MR. COX HAS GUIDELINES ON WHAT THE STATE. WILL PAY, MR. COX STATED THAT THEY WILL PAY TO THE NEAREST FACILITY PERFORM- ING THE SERVICE, BUT HE CANNOT ALWAYS DETERMINE IF THE PROBLEM SHOULD BE HANDLED IN ORLANDO INSTEAD OF GAINESVILLE, AND THEY DECIDE WHERE THE.PATIENT SHOULD HAVE GONE. ` COMMISSIONER SCHMUCKER STATED THAT IF MR. COX INCREASED HIS RATES BY lO%, HE WOULD BE ABLE TO CONTINUE THIS SERVICE. MR, COX INFORMED HIM THAT THE STATE HAS SUGGESTED THAT THERE BE A DECREASE IN RATES. COMMISSIONER MASSEY STATED THAT HE FEELS IT IS NOT PROPER FOR THE COUNTY TO SUBSIDIZE PRIVATE BUSINESS, AND HE CAN NOT GO ALONG WITH THIS RE- QUEST, CHAIRMAN SIEBERT STATED THAT HE DID NOT HAVE ENOUGH TIME TO REVIEW THESE FIGURES OR THE MATERIAL SUBMITTED. MR. COX SUGGESTED THE BOARD HOLD A SPECIAL MEETING ON FRIDAY. CHAIRMAN SIEBERT STATED THAT THE BOARD COULD NOT HOLD A SPECIAL MEETING ON FRIDAY BECAUSE OF OTHER BUSINESS. COMMISSIONER LOY STATED THAT THERE IS NO QUESTION THE SERVICE PER- FORMED IS A VALUABLE ONE, BUT BASED ON THE INFORMATION PRESENTED TODAY, IT IS NOT POSSIBLE TO MEET THIS REQUEST ON.THIS SHORT NOTICE, SHE IS NOT IN FAVOR OF THE COUNTY SUBSIDIZING THIS SERVICE -4 -- IT WAS THE BOARD'S FEELINGS THAT THEY COULD NOT SUBSIDIZE A PRIVATE BUSINESS. ®30� • e Foot 25 DDD siaa�f �7 ` FEB41976 . r i MR. COX STATED THAT HE WILL START PROCEDURES TO GO OUT OF BUSINESS AND SELL HIS AMBULANCES, THE BOARD DISCUSSED A PUBLIC ADDRESS SYSTEM FOR THE COUNTY COM' MISSION.ROOM. AT THE NOVEMBER 19, 1975 MEETING, THE BOARD DISCUSSED A PROPOSAL FROM RUDY HUBBARD, PRESIDENT OF WGYL RADIO CORPORATION, REGARDING INSTALLING A PUBLIC ADDRESS SYSTEM IN THE COUNTY COMMISSION ROOM. WGYL WOULD MAINTAIN ALL EQUIPMENT. THE EXISTING EQUIPMENT WOULD REMAIN THE PROPERTY OF THE COUNTY, AND ALL ADDITIONAL EQUIPMENT WOULD REMAIN THE PROPERTY OF WGYL. THE COST OF THIS SERVICE TO THE COUNTY WOULD BE $40.00 PER MONTH. AT THAT TIME THE BOARD REQUESTED COST FIGURES ON THE COUNTY PURCHASING ALL THE EQUIPMENT AND WGYL PROVIDING MAINTENANCE. MR. HUBBARD SUBMITTED AN ALTERNATE PROPOSAL FOR PURCHASE-OF.E.QUIP- MENT BY THE COUNTY, AND THE COST OF NEW EQUIPMENT AND INSTALLATION WOULD .BE $1,588.44 AND THE MAINTENANCE CONTRACT WOULD BE $20.00 PER MONTH. AFTER DISCUSSION A MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN A RENTAL AGREEMENT WITH WGYL RADIO CORPORATION AFTER IT HAS BEEN APPROVED BY THE COUNTY ATTORNEY, BASED ON THE LETTER FROM WGYL DATED NOVEMBER 5TH, WHICH IS HEREBY BEING MADE A PART OF THESE MINUTES. ® 31 Wt 25, rr 00 13 t alre istenlong " 93,5 ON YOUR D1"%L 1500 20th ST..'V`'0 BEACH. FLORIDA 329_7 If L v - ' v4 Serving The Indian River Area . . . STEREO NOVEMBER 5, 1975 66.�$ ' `'/• 4`�`4 L�V �. . MR. JACK. JEHNINGS, Administrator r- w 4 Board of County Commissioners Indian River County °c - • Q"> Vero Beach, Florida Re: Public Address System Dear Jack, In response to our recent conversation in regard to the public address system in the Commission meeting room we are pleased to make the following proposal. WGYL will use the existing equipment and supplement it with as amuck equipment as needed to provide a perfect public address system. This will include individual mic- rophones for all regular occupants of the commission table plus a microphone for visitors. Speakers will be installed for easy listening. Various iacks will be in- stalled so the news media may plug-in their equipment thus eliminate clutter and confusion. WGYL will maintain all equipment. Existing equipment will remain the property of the County and all additional equip - went will remain the property of WGYL. The cost of this service to the County will be $40.00 per month. If service is desired please advise so we may schedule engineering service. Si cerci v Rudy ubbard, Pres. WGY RADIO CORP. alre istenlong THE COUNTY ADMINISTRATOR STATED THAT ON .JUNE 6, 1973, THE BOARD APPROVED A RELEASE OF EASEMENT ON EITHER SIDE OF LOT LINE BE-nlEEN LOT 21 AND LOT 22 OF BLOCK 4 IN KINGS MUSIC LAND SUBDIVISION AS REnUESTED BY URELL D. AND .JEWELL L. BURNEY, BUT THE PROPER RELEASES WERE NOT COMPLETED, MR. AND MRS. BURNEY ARE NOW REQUESTING A COPY OF THE RELEASE OF EASEMENT. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED THE RELEASE OF EASEMENT OF SIDE LOT LINE BE- TWEEN LOT 21 AND LOT 22 OF BLOCK 4 IN KINGS Music LAND SUBDIVISION, AS RE- QUESTED BY URELL D. BURNEY AND .JEWELL L. BURNEY, AND ADOPTED RESOLUTION N0. 76-11. 33 FEB 41976 e t- ��25h. 0 r • • e w RELEASE OF EASEMENT i f This Release of Easement executed this 4TH day of FEBRUARY , 1976, by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a Political Subdivision of the State of Florida, first party, to URELL D. BURNEY and JEWELL L. BURNEY, his wife, whose post office address is P. 0. Box 1173, Vero Beach, Florida, party of the second part, WITNESSETH: That the said party of the first part for and in con- sideration of the sum of ONE ($1.00) DOLLAR and other good and valuable consideration in hand paid by the said second party, does hereby remise, release, abandon and quit claim unto the second. party forever, all the right, title, interest,claim and demand which the said first party has in and to the following described easement, lying on land situate in the County of Indian River and State of Florida, to-wit: The side lot easements being 3 feet, lying on either side of the lot line between Lot 21 and Lot 22, of Block 4, all in KINGS MUSIC LANDS SUBDIVISION, according to the Plat thereof filed in the office of the Clerk of the Circuit Court in Indian River County, Florida, in Plat Book 6, page 17, TO HAVE AND TO HOLD the same with all and singular the appurtenances thereunto belonging or in anywise appertaining and all the estate, right, title, interest, equity and claim whatsoever of the said first party either in law or equity to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents by the parties so authorized by law the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF IND�AN RIVER O Y, FL DA By r i Attest:' Willard W. Seibert, Jr., hairman 41, a ph rris, Clerk of the Circuit Court FEB41976 emi -2 41 J 6 Signed, sealed and delivered in a presence of: STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and the. County aforesaid to.take acknowledgments, personally appeared WILLARD W. SEIBERT, JR., as Chairman of the Board of County Commissioners of Indian River County, Florida, a Political Subdivision of the State of .Florida, and RALPH HARRIS, as Clerk of the Circuit Court, to me known to be the persons duly authorized by said County to execute the foregoing instrument, and they acknowledged before me that they executed the same for and on behalf of said Political Subdivision. WITNESS my hand and seal in the County and State last aforesaid this /day of cit 1976. l n Notary Public, Stat of Florida at Large. My commission_Mires • i.� (Notary Seal) poo 25 42 I FA RESOLUTION N0.76-11 WHEREAS, the Board of County Commissioners of Indian River County, Florida have been requested to release the side lot line easementS, lying on either side of the side lot line between Lots 21 and 22, of Block 4 of RINGS MUSIC LANDS SUBDIVISION, according to Plat thereof filed in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 6, page 17; and WHEREAS, said 3 foot side lot line easements were dedicated on the Plat of said KINGS MUSIC LANDS SUBDIVISION for public utility purposes; and WHEREAS, the request for such release for easement has been submitted in proper form; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following side lot line easements in KINGS MUSIC LANDS SUBDIVISION shall be released, abandoned and vacated as follows: The side lot line easement being 3 feet, lying on either side of the lot line between Lot 21 and Lot 22, of Block 4, all in RINGS MUSIC LANDS SUBDIVISION, according to the Plat.thereof filed in the office of the Clerk of the Circuit Court in Indian River County, Florida, in Plat Book 6,, page 17; BE IT FURTHER RESOLVED that the Chairman of.the Board of County Commissioners and the Clerk of the Circuit Court be, and they are hereby authorized and directed to execute a release of said lot line easements hereinabove referred to in form proper for recording and placing in the Public Records of Indian River County, Florida. This 4TH day of FEBURARY 1976. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, F ORIDA By Wa.11ard W. Seibert, Jr. airman Attest: Ralph Harrp1s, Clerk of the Circuit Court '' _ 43 1 I ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED REMOVING .JOHN G, TAYLOR, .JR.'S NAME FROM THE MARCH 9TH BALLOT, AS REQUESTED IN HIS LETTER OF FEBRUARY 3, 1976, SUBJECT TO CERTIFICATION OF HIS SIGNATURE BY THE CLERK OF CIRCUIT COURT. 37 - D i e 4 FEBeci JOHN GIBSON TAYLOR, JR. B Y -1976 teas POTIILA AVENUE VERO BEACH, MORIDA 92960 3 February 1976 Mr. Ralph Harris Clerk of the Circuit and County Courts Court House Annex Vero Beach, F1 32960 Dear Ralph: Please take the necessary action required to remove my name from the March Ballot, as Precinct Committeeman for Precinct 3. Mr. John Lea has shown a willingness to serve in that capacity. He is fully retired. and can spend more time on the job, than can I. Rosemary Richie also informs me that this action will permit Mrs. Lea to serve as a paid employee at the polls -- which she couldn-It have done, had there been a "run-off" in our precinct. I hope this matter will cause you little inconvenience. R - /.? I Sworn to before me this 4th.day of February, 1976. -A& Clerk ircuit Court na,7 i J vs cis:.: this RSALP.J iri;%R ii S, C11.1a7'4 m FEB 4197 ato _ , t 45 . � J ° ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPOINTED GEORGE G. COLLINS, JR. AS COUNTY ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS, THE FOLLOWING LETTER FROM HOMER C. FLETCHER, PROPERTY APPRAISER— IS HEREBY BEING MADE A PART OF THESE MINUTES, "WHERE THE TROPICS BEGIN" INDIAN RIVER COUNTY COURTHOUSE ANNEX P. O. BOX 560 VERO BEACH, FLORIDA 32960 PHONE- (305) 562-4173 HOMER C. FLETCHER -PROPERTY APPRAISER February 4, 1976 Honorable W.k7. Siebert, Jr., Chairman Board of County Commissioners Indian River County Vero Beach, Florida 32960 RE: Excerpts -County Commission Minutes Minute Book 23, Page 151 July 9, 1975 Dear Sir: The Board of County Commissioners, July 9, 1975, as per Minute Book 23, Page 151, established the price for sale .of aerial photograph prints to the public in the amount of $10.00 per print. It is the desire of this office and that of the Board of County Commissioners to sell these prints to the public as.a service and at a reasonable cost. It now appears that the previously established price by the Board of County Commissioners may be excessive. It is my recommendation that the sale price be changed as follows - Single Print-------------------------- $10.00 �. Print -200 feet per inch scale or one section -------------------------------- $10.00 Print -100 feet per inch scale or 4 prints per section ---------------------------- $10.00 The reason for this suggested price is that the price for coverage of one section of 640 acres should be uniform for the 100 feet per inch scale and the 200 -feet per inch scale. Your favorable consideration of this suggested change, I am sure, will be in line with the policy of this office and the Board of County Commissioners to,provide a service to the public at a reasonable cost. Resp ully yours, cm r C. Flet er, County Property Appraiser j HCF/shy FEB41976 , e AFTER DISCUSSING THE FOREGOING LETTER, A MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED•THE RATE SCHEDULE FOR AERIAL PHOTOGRAPH PRINTS AS RECOMMENDED IN THE FOREGOING LETTER FROM HOMER C. FLETCHER, PROPERTY APPRAISER. CHAIRMAN SIEBERT STATED THAT HE MET WITH REPRESENTATIVES OF THE CITY OF VERO BEACH AND A GENTLEMEN FROM THE INDIAN RIVER COMMUNITY COLLEGE REGARDING THE COLLEGE PREPARING A "TAX STUDY" FOR THE CITY OF VERO BEACH. CHAIRMAN SIEBERT STATED THAT IT IS HIS CONCERN THAT BECAUSE OF THE CHARTER COMMISSION STUDY GOING ON AT THIS TIME, IT COULD CAUSE CONFUSION IN PEOPLE'S MINDS. IT WAS THE BOARDS FEELING THAT IF POSSIBLE THIS STUDY BE CON- SIDERED AT A LATER DATE AS IT WOULD BE A HARDSHIP ON COUNTY EMPLOYEES WHO ARE WORKING WITH THE CHARTER STUDY COMMISSION AND THE CONFUSION IT COULD. CAUSE IN THE GENERAL PUBLIC S MINDS. CHAIRMAN SIEBERT STATED THAT HE WILL INVESTIGATE THIS FURTHER. ATTORNEY COLLINS INFORMED THE BOARD THAT AT THE DECEMBER 3RD AND JANUARY 7TH MEETINGS THE BOARD DISCUSSED PROPERTY OWNED BY ERNEST PHILLIPS IN VERO BEACH HIGHLANDS THAT HAS AN ACCUMULATION OF JUNK AND DEBRIS ON IT. HE CONTINUED THAT HE WAS INSTRUCTED TO NOTIFY MR. PHILLIPS OF THIS COM- PLAINT AND TO CLEAN AND CLEAR HIS PROPERTY OF DEBRIS. ATTORNEY COLLINS STATED THAT MR. PHILLIPS HAS RECEIVED NOTIFICATION, BUT HAS NOT ANSWERED HIS LETTER OR CLEARED OR CLEANED HIS PROPERTY, ON MOTION BY COMMISSIONER 140DTKE, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR TO REMOVE THE ITEMS OF JUNK ON PROPERTY OWNED BY ERNEST PHILLIPS IN VERO BEACH HIGHLANDS AND INSTRUCTED THE COUNTY ATTORNEY TO PREPARE A LIEN AGAINST THIS PROPERTY IN THE AMOUNT THAT IT COSTS TO DO THIS CLEARING. THE BOARD DISCUSSED THE REQUEST FOR OUT -OF -COUNTY TRAVEL BY JUDITH WAKEFIELD, EXTENSION HOME ECONOMICS AGENT. 40 fE 4 1970 e Dor 5 47 0 e A MOTION WAS MADE BY COMMISSIONER SCHMUCKER TO DENY THE OUT - OF -COUNTY REQUEST OF JUDITH WAKEFIELD TO ST. AUGUSTINE ON FEBRUARY 12TH,:. THIS MOTION DIED FOR LACK OF A SECOND. CHAIRMAN SIEBERT SUGGESTED THAT COMMISSIONER SCHMUCKER TELE°HONE MRS. WAKEFIELD AND EXPRESS HIS CONCERN -REGARDING THIS OUT -OF -COUNTY TRAVEL. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY.COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE STATE WITNESS PAYROLLS, CIRCUIT COURT, FALL, 1975 TERM, IN THE TOTAL AMOUNT OF $335.36. _ ON MOTION BY COMMISSIONER MASSEY,.SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM SUBMITTED BY MARTIN J. KALIX. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE ISSUANCE OF DUPLICATE TAX SALE CERTIFI- CATES TO THE FOLLOWING: RNEST rffl LIPS - IAX DALE LhK1 i lLAi .+u. DJ EBA13IAN IGHLANDS SUBDIVISION NIT LOT 1L-BLOCK8 RNEST PHI�LIPS - TAX SALE CERTIICAT N0, 122 EBA TIAN HIGHLANDS SUBDIVISION GNIT LOT BLOCK fib// �RNES PHILLIPS - TAX SALE -CERTIFICATE N0, 1067 LERO OTS AND LOCKNjT 1-H L J.j ilii ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy THE BOARD UNANIMOUSLY APPROVED THE REQUEST OF OUT -OF -COUNTY TRAVEL FOR JUDITH WAKEFIELD, EXTENSION HOME ECONOMICS AGENT AS FOLLOWS: FEBRUARY 6 P.M. LAKE ALFRED OUNTY DIRECTORS' CONFERENCE WITH DR. �EFERTELLER (STATE TRAVEL FUNDS) FEBRUARY 11 ST. LUCIE COUNTY COUNTY AIR EXHIBITS (HOME EC. �UDGE GENT IN ST. UCIE COUNTY WILL WORK IN ERO 'lEACH ONE DAY IN EXCHANGE) FEBRUARY 12 ST. AUGUSTINE�JATER MANAGEMENT CONFE�2ENCE (ON STATE TRAVEL FUNDS)) FEBRUARY 23 P.M. ORLANDO UT UP CQUNTY 4-H EXHIBIT AT CENTRAL PLORIDA AIR FEBRUARY 28 ORLANDO 4-H DAY AT CENTRAL FLORIDA FAIR ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE REQUEST OF OUT -OF -COUNTY TRAVEL FOR GLADYS VIGLIANO, COUNTY WELFARE DIRECTOR, TO ATTEND THEFLORIDA ASSOCIATION OF COUNTY WELFARE EXECUTIVES MEETING, MARCH 4TH - 6TH, 1976 IN PENSACOLA. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING LIST OF CLERKS AND INSPECTORS TO HOLD AND CONDUCT THE PRESIDENTIAL PREFERENCE PRIMARY ON.MARCH 9, 1976. - 41 - FEB 41g'76 � '`� 8 �, r N 0 T I C E NOTICE is hereby given that the Board of County Commissioners ofIndian River County has this day selected the Clerks and Inspectors of the several voting precincts to hold and conduct the Presidential Preference Primary to be held Tuesday, March 9, 1976, - Precinct No. i (Roseland) Community Hall Clerk,CBecky Lee Cripplil> Inspectors: tfie Prat Vergie G. Herbert, Sylvia Scocozzo, Claudia orris. Precinct No. lA (Fellsmere) Fellsmere City Hall. Clerk, Elaine Carter, Inspectors,y,ia S. Triplet. Gladys B. Chard,"Eva King, Myrtle Frisby Precinct No. 1B (Sebastian) Sebastian City Hall Clerk, Gladys M. 1 onnel Inspectors, . . Kirc art�c Magdalen Storch, Marguerite M. Dillon, Janel Baptiste, Ethel M. Hrkach Precinct No. 1C (Wabasso) W"abasso School Building Clerk, Alma L. Robertson Insp�ecto..rs, Betty Wintermute, Muriel A. MCMechan, rra ne Chaltant.1Pauline Jones, Imogene T. Chatham Precinct No. 2 (Winter Beach) Old Winter Beach School Building Clerk, Ruby Will'ams I tors filen BahiaLaura E. Hurst, Eunice Walker un e Precinct No. 2A (Northwest Vero -Beach, outside city limits) Clemanns Sc�IBuilding Clerk, Lula Carlsward Inspectors, Margaret C. Griffis. Helen Tr' Whiteside, Doroth L. Friburg, ini recen ne th Hill o n o er Precinct No. 2B (Country Club Pointe Area) Elks Club Building Clerk, Joseph McLoughlin Ins ectors, Ida M. Bennett,�tfii���o e"T t E Woofte , ff Precinct No. 2C (Gifford area) Indian River Middle School 7 Clerk, Walter M. Jackson I e.CtL1] -Anna. L. Lane, Willie M. Darrisaw, Beulah Dupree, ettie B. Engles lover Huston, Floyd E. Wrease - .. W Precinct No. 2'D =(North: AIA- outside city limits) Indian 11ver Snores Town Hall, Clerk, i M. P'Ic cman In ectors, is oriaE. ca on James P. Kiely Margar t . Kn ,NblizaUa wer Precinct No. 3 (North Vero Beach Cit limits) Cultural Physicalits ter t Avenue Clerk, Roseanne Helseth Inspectors, Myrtle Jones- iasta Boot d ss �McNulfi Diana Quesnel,I a s eat Kathreen W,ii' of mas Precinct No. 3A, (South Vero Beach) YMCA 16th Street Clerk, Lisbeth-Maxwell Ins ectors �''RParr P x nor Wilkinson, . , _ _se� r �arx4 i helmnaTDra�peau,:Mi�dred E Johnson_•;Geese -o. Rusll` Precinct No. 3B (Southwest Vero Beach, outside City limits) Asbury Methodist Church, 43rTAvenue P Cierk, Mamie ith Inspectors, Edna K. M�cD a Ellen Rushton .I1 a o; Hoven ;> Marcene Jackson,iza a Jot`insoneta`Holt'-�_ Precinct No..•3C, South Vero Beach, outside city limits, east of t A enues;"an west o rai roa en ale aptist hurch2 th Avenue an " t reef . Clerk, Julia H lset I s ectors to c m en G. Ham` rriet 0. e lam_ n�a�V Eleanor Creswe 1, Alfred Creswell, Adell Fletcher, Mary Anne Skiscim, Precinct No. 4, South Vero Beach- Youth Center- 19th Street Clerk, Jean Acker Inspectors. Florence Hilliard, Clinton H. Stocker, ose Ya z Mae Weaver, G- ice Pearl Cook Precinct No. 4A -.(S. W. Vero Beach outside citlimits, west of 27th Avenue to 74th Avenue and north o t treet - Citrus School Clerk, C. C ,aT ---�: �. Inspectors, ue Ann Music""' Rub Blair h Radzihowski Patricia Prange, sie ills, Precinct No. 4B- (East Vero Beach and Oslo) Community Center*at Vero Beach Highlands 21st. Road Clerk, Doroth unt - IjjSDe _s..,_ Nason,;layjgn H. Er, Glenn Joyce, rances I. Sherman Mary S. Souther, an Althea M. Smulbach 25 FEB 41976 ; 50 w Precinct No. S- (Vero Beach, East of tailroad) Carpenter's Hall corner of 12th "enue and26th street Clerk, Helen Bass Ins ectors ine Sc mi Robert L. Bass, 1�P�h �Jeain G raw' t r S. Hogan, Theresa P. Buss, Alberta Hillen, e ,.- Precinct No. SA -(Vero Beach, east of Indian River, south of Beachland lvBeach ire Station Clerk, Betty Lloyd Inspectors, eanne S. 'etzze ttv Ann Mon a Elizabeth __. Coppy, Viola Serap ine,_ d Jiersa' daanco Precinct No. SB -(Southeast Vero'Beach, west of Indian River, oc ri geommunity ui ing Clerk, Joseph F. Blake Inspectors, Corinne M. Blake, Charles E. Thomas Helen ja lor, .Rose Marie Aiintern, race e u othy Chandler' Precinct No. SC ( Vero Beach, east of Indian River north of Beachland Blvd.) aycee uiI ing ort AIA Clerk Intors� Effie Strong,��via Bailej�;,1ze1�E Ostrander, (J:—Fucignr, Josepha KunHf, 71ginia Sylvia, E�turown 5 Dated this 4th day of February, 1976. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY IF YOU CANNOT SERVE, PLEASE CALL RALPH HARRIS CLERK 569-1200 a ���A,� 51 I - THE BOARD AGREED TO HAVE THE REPORT FROM THE FINANCE DEPARTMENT REGARDING EXPANDING COMPUTER SERVICE FOR COUNTY COURT AS REQUIRED BY THE STATE OF FLORIDA AS AN AGENDA ITEM AT THE NEXT BOARD MEETING ON FEBRUARY 18, 1976. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR VAL BRENNAN, PLANNING DIRECTOR, TO ATTEND A COMMIUNITY DEVELOPMENT BLOCK GRANT SEMINAR HELD BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IN JACKSONVILLE; THE DATE TO BE SCHEDULED, THE BOARD RECESSED AT 5:00 O'CLOCK P.M. AND RECONVENED AT 6:00 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. i ATTORNEY COLLINS STATED THAT THE LEASE AGREEMENT BETWEEN INDIAN RIVER COUNTY AND GARNETT L. MAHER OWNER OF THE POCAHONTAS APARTMENTS ADOPTED AT THE .JANUARY 7TH MEETING HAS BEEN APPROVED BY HIM AND IS HEREBY BEING MADE A PART OF THESE MINUTES. 45 I I i 0 LEASE AGREEMENT THIS LEASE AGREEMENT, entered into this 7 day of January, 1976 between GARNETT L. MAHER d/b/a POCAHONTAS APARTMENTS party of the first part, hereinafter called the Lessor, and INDIAN RIVER COUNTY, FLORIDA, party of the second part, hereinafter called the Lessee, WITNESSETH: That the Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by the Lessee, has demised and leased to the Lessee, for the term and under the conditions hereinafter set out, those certain premises in Vero Beach, Indian River County, Florida described as follows: - Pocahontas Apartments 2121 14th Avenue Vero Beach, Florida 32960 which shall constitute an aggregate area of 2000 square feet of usable space. I TERM TO HAVE AND TO HOLD the above described premises for term commencing on the lst day of February, 1976 to and including the 31st day of January, 1977. II RENTALS The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the above described premises for the term set out in this lease and the.Lessee agrees to pay to the Lessor the sum of $500.00 FIVE HUNDRED DOLLARS per month for the rental period described in Article I of this Lease. The rent for any fractional part of the first month shall be prorated and shall be payable on the day of occupancy, and thereafter the rent shall be payable on the first day of each month beginning with the month of February, 1976. The rentals shall be paid to the Lessor at 1414 21st Street, Vero Beach, Florida. e !i53� "Ar.� I III MAINTENANCE AND REPAIRS 1. The Lessee shall provide for interior maintenance and repairs in accordance with generally accepted good practices and the replacement of interior equipmetlt as may be necessary due to normal usage. Included in the premises are five individual air-conditioning units - which the Lessee shall have the right to use, however the Lessor assumes no responsibility for the repair or maintenance of said air-conditioning units. The Lessee shall, during the term of this Lease, keep the interior of the demised premises in as good a state of repair as it is at the time of the commencement of this lease, reasonable wear and tear and unavoidable casualties excepted. 2. The Lessor shall maintain and keep in repair the exterior of the demised premises during the term of this lease and shall be responsible for the replacement of all windows broken or damaged in the demised premises, except such breakage or damage caused to the exterior of the demised premises by the Lessee, its officers, agents or employees. IV UTILITIES The Lessee will promptly pay all gas, water, power and electric light rates which shall become payable during the term of this Lease for the gas, water and electricity used. V ALTERATIONS That the Lessee shall have the right to make any alterations in and.to the demised premises during the term of this.Lease.upon first having obtained the written consent thereto of the Lessor. The Lessor shall not capriciously withhold the consent to any such alterations. VI Injury or Damage to Property on Premises That all property of any kind that may be on the premises during the continuance of this lease shall be at the sole.risk of the Lessee, and except for any negligence of the Lessor, the Lessor shall not be liable to the Lessee or any other person for any injury, loss or damage to property or to any person on the premises.• VII FIRE AND OTHER HAZARDS In the event that the demised premises, or the major part thereof are destroyed by fire, lightning, storm or other casualty, the Lessor at its option may forthwith repair the damage to such demises premises at its own cost and expense. The rental thereof shall cease until the completion of such repairs and the Lessor will immediately refund the pro rata part of any rentals paid in advance by the Lessor prior to 2 ��� 25 _ 54 e e such destruction; should the premises by only partly destroyed, so that the major part thereof is usable by the Lessee, then the rental shall abate to the extent that the injured or damaged part bears to the whole or such premises and such injury or damage shall be restored by the Lessor as speedily as is practicable and upon the completion of such repairs, the full rental shall commence and the lease shall then continue the balance of the term. VIII EXPIRATION OF TERM At the expiration of the term, the Lessee will peaceably yield up to the Lessor the demised premises in good and tenantable repair. It is understood and agreed between the parties that the Lessee shall have the right to remove from the premises all personal property of. the Lessee and all fixtures, machinery, equipment, appurtenances and appliances placed or installed on the premises by it, provided the Lessee restored the premises to as good a state of repair as they were prior to the removal. IX SUBLETTING AND ASSIGNMENT . The Lessee upon the obtaining of the written consent of the Lessor, which written consent shall not capriciously be withheld, shall have the right to sublet all or any part of the demised premises, or to assign all or any part of the demised premises. X WAIVER OF DEFAULTS The waiver by the Lessor of any breach of this lease by the Lessee shall not be construed as a waiver of any subsequent breach of any duty or covenant imposed by this lease. XT Right of Lessor to Inspect The Lessor at all reasonable times, may enter into and upon the demised premises for the purpose of viewing the same and for the purpose of making any such repairs as they are required to make under the terms of this lease. XII BREACH OF COVENANT These presents are upon thiscondition that, except as provided in this lease, if the Lessee shall neglect or fail to perform or observe any covenant herein contained, which on the Lessee's part is to be ®3e 55 performed, and such default shall continue fors period of thirty (30) days after receipt of written notice thereof from the Lessor to the Lessee, then the Lessor lawfully may, immediately, or at any time thereafter, and without further notice or demand, enter into and upon the demised premises, or any part thereof and repossess the same as of their former estate and expel the Lessee and remove its effects forcefully, if necessary, without being taken or deemed to.be :guilty of any manner of trespass and thereupon this demise shall terminate but without prejudice to any remedy which might otherwise be used by the Lessor for arrears of rent or for any breach of the Lessee's covenants herein contained. XIII ACKNOWLEDGMENT OF ASSIGNMENT That the Lessee upon the request of the Lessor shall execute such acknowledgment or acknowledgments, or any assignment, or assignments, of rentals and profits made by the Lessor to any third person, firm or corporation, provided that the Lessor will not make such request unless required to do so by the Mortgagee under a mortgage, e or mortgages, executed by the Lessor. XIV TAXES AND INSURANCE Lessor shall pay all neat estate taxes and fire insurance premiums on the demised premises. Lessor shall not be liable to carry fire insurance on the person or property of the Lessee or any other person or property which may now or hereafter be placed in the demised premises. XV AVAILABILITY OF FUNDS The obligations of the Lessee under this lease agreement are subject to the availability of funds lawfully appropriated annually for its purposes by the Board of County Commissioners of Indian River County, Florida. XVI USE OF PREMISES The Lessee will not make or suffer any unlawful, improper or offensive use of the premises or any use or occupancy thereof contrary to the laws of the State of Florida or to such Ordinances of the City and/or County in which the demised premises are located, now or herein- after made, as may be applicable to the Lessee. ` -4- FEB 41976 Y 25` 56 I J V XVII RENEWAL The Lessee is hereby granted the option to renew this lease for two successive one year periods upon the same terms and conditions. If the Lessee desires to renew this lease under the provisions of this Article, it shall give the Lessor written notice thereof not more than three months nor less than one month prior to the expiration of the term provided for in Article I and the successive terms provided in this Article. XVIII RIGHT TO TERMINATE The Lessee shall have the right to terminate, without penalty, this lease in the event that the County constructs its own facilities for occupancy during the term of this lease for the purposes for which this space is being leased upon giving thirty days advance written notice to the Lessor by Certified Mail, Return Receipt Requested. XIX NOTICE All notices required to be served upon the Lessor shall be served by registered or certified mail, return receipt requested, at 1414 21st Street, Vero Beach, Florida 32960, and all notices required to be served upon the Lessee shall be served by registered or certified mail, return receipt requested, at the address of the Lessee at Indian River County Courthouse, Vero Beach, Florida 32960. XX DEFINITION OF TERMS (a) The Terms "lease", "lease agreement", or "agreement" shall be inclusive of each other and shall also include any renewals, extensions or modifications of this Lease. (b) The terms "Lessor" and "Lessee"' shall include the successors and assigns for the parties hereto. (c) The singular shall include the plural and the plural shall include the singular whenever the context so requires or permits. XXI IMPROVEMENTS Lessor and Lessee agree that the Lessee will make considerable improvements within the leased premises, including the adding of fixtures, partitioning, carpeting; fixed furniture and other improvements deemed necessary by Lessee. In consideration for leasing the premises, the parties agree that upon the termination of this Lease, the Lessee shall retain ownership to all the improvements and installations of fixtures e5_ t 10 a. FEB41976 25 -J. 57 M If M M and furnishings made by the Lessee and shall have the right to remove same at Lessee's expense within a reasonable time period as agreed to between the parties. Lessor agrees to make no claim to ownership as to the improvements installed. Lessee agrees that no improvements will be made until Lessor has reviewed the plans of improvement and reasonably consented thereto. XXII WIRING Lessee and Lessor agree that there may be a wiring problem within the leased premises and in the event any improvements in the wiring need to be made, that Lessor shall be responsible for said improvements, including any new circuit box deemed necessary by the appropriate authorities. IN WITNESS WHEREOF, the parties hereto have hereunto executed the above instrument for the purpose herein expressed, the day and year first above written. / LESSOR: t�y� Witness Witness BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By IAI/ /,66�y Ch&irman/of the pard ATTEST: RALPH HARKIS, CLERK i i FEB 41976 J u COMMISSIONER WODTKE INFORMED.THE BOARD OF THE PROGRESS BEING MADE ON THE MOVING OF THE PLANNING DEPARTMENT INTO THE OFFICES IN THE POCAHONTAS BUILDING. HE STATED THAT IN THIS BUILDING THERE IS ALSO ENOUGH SPACE FOR THE ZONING DEPARTMENT. DALE PADGETT,'URBAN FORESTER, WHO NOW HAS OFFICE SPACE IN THE PLANNING DEPARTMENT AT CITY HALL, WILL BE MOVED TO THE AGRICUL- TURAL BUILDING ON STATE WOAD 60. COMMISSIONER Loy SUGGESTED THAT THE CITY OF VERO BEACH MIGHT PREFER TO HAVE MR. PADGETT REMAIN AT CITY HALL. COMMISSIONER WODTKE WILL INVESTIGATE THIS. COMMISSIONER WODTKE CONTINUED THAT HE HAD ASKED GENERAL CONTRACTORS FOR PROPOSALS TO RENOVATE THESE OFFICES. HE DID RECEIVE TWO PROPOSALS, BUT SINCE THAT TIME THERE HAVE BEEN ADDITIONAL CHANGES AND HE HAS NOT RECEIVED NEW PROPOSALS. HE REMINDED THE BOARD THAT WE ARE COMMITTED TO BE OUT OF CITY HALL BY MARCH 1ST. � THE FIRST PROPOSAL WAS FOR $3,600.00 BY JACK DRITENBAS, GENEPAL CONTRACTOR, AND THE SECOND PROPOSAL WAS FOR $7,000.00. IT WAS COMMISSIONER WODTKE'S RECOMMENDATION TO ACCEPT .JACK DRITENBAS' PROPOSAL FOR $3,600.09 TO DO THE RENOVATION WORK ON THIS BUILDING. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR TO HAVE THE NECES- SARY RENOVATION WORK DONE ON THIS BUILDING FOR THE PLANNING AND ZONING OFFICES AS RECOMMENDED BY COMMISSIONER WODTKE. COMMISSIONER WODTKE STATED THAT HE IS STILL WAITING FOR APPROVAL FROM THE FELLSMERE CITY COUNCIL ON THE 911 EMERGENCY SERVICE SYSTEM. HE HAS BEEN SCHEDULED TO APPEAR BEFORE THE COUNCIL ON FEBRUARY 12TH AND HEIS SUG- GESTING SENDING THIS REPORT ON TO TALLAHASSEE EXPLAINING THAT HE 'VILL BE RECEIVING APPROVAL FROM FELLSMERE SHORTLY AND AS SOON AS IT IS RECEIVED, IT WILL BE FORWARDED TO TALLAHASSEE. COMMISSIONER MASSEY STATED THAT THE ROSELAND WOMEN'S CLUB HAVE INFORMED HIM THAT THE KITCHEN FAUCET IN THE.COMMUNITY BUILDING IS NOT WORK-ING, AND THEY HAVE REQUESTED THE COUNTY TO TAKE CARE OF IT. IT WAS COMMISSIONER MASSEY'S SUGGESTION THAT THIS IS A SMALL, ITEM AND SHOULD BE HANDLED BY THE WOMEN'S CLUB. 52 - FEB41976 �O�ljt 25 -411 :. rN9 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 NOS. 5102 - 5105 IN- CLUSIVE; ROAD AND BRIDGE FUND N0. 2643; FINE AND FORFEITURE FUND MOS. 0811 - 986 INCLUSIVE; AND TREASURY FUND NOS. 50720 - 50858 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 SUPPLE- MENTAL 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 6:115 O'CLOCK P.M. ATTEST: CLERK/CHAIR N b -53- en B 41976 J