HomeMy WebLinkAbout3/10/19760
MAR i19�
C I
WEDNESDAY, MARCH 10, 1976
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA,
ON WEDNESDAY, MARCH 10, 1976, AT 8:30 O'CLOCK A. M. PRESENT WERE
WILLARD W. SIEBERT, .JR., CHAIRMAN; WILLIAM C. WODTKE, SJR., VICE-
CHAIRMAN; ALMA LEE LOY; EDWARD J. MA-SEY AND EDWIN S. SCHMUCKER. ALSO
PRESENT WERE .JACK G. .JENNINGS, COUNTY ADMINISTRATOR; L. S. "TOMMY"
THOMAS, COUNTY COORDINATOR; GEORGE G. COLLINS, .JR., ATTORNEY TO THE
BOARD OF COUNTY COMMISSIONERS; .JACK HOCKMAN, FINANCE OFFICER, AND
VIRGINIA HARGREAVES, DEPUTY'CLERK.
THE CHAIRMAN CALLED THE MEETING TO ORDER,
COMMISSIONER MASSEY LED THE PLEDGE OF ALLEGIANCE TO THE FLAG,
AND RkVEREND FRED W. MCCLELLAN OF THE FIRST PRESBYTERIAN CHURCH, GAVE
THE INVOCATION.
THE CHAIRMAN ASKED FOR A VOLUNTEER TO SERVE ON THE ELECTION
CANVASSING BOARD WHICH IS TO MEET AT 9:00 O'CLOCK A. M. IN THE OFFICES
OF THE COUNTY JUDGE, COMMISSIONER MASSEY VOLUNTEERED To SERVE,
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 18, 1976.
COMMISSIONER Loy POINTED OUT THAT THE DATE ON RESOLUTION
N0, 76-12 FOR THE USE OF SECONDARY ROAD FUNDS 1976-1980 WAS INCORRECTLY
WRITTEN AS MARCH 10, 1976.
ATTORNEY COLLINS SUGGESTED SINCE THIS DOCUMENT HAS ALREADY
BEEN FORWARDED TO THE D.O.T., THAT THE BOARD SIMPLY PASS THIS RESOLUTION
AGAIN TODAY To BRING THE DATE INTO CONFORMITY.
COMMISSIONER LOY NOTED THAT ON PAGE 18, 7TH PARAGRAPH, 6TH LINE,
THE WORD "AID" WAS INCOMPLETE AND SHOULD BE CORRECTED,
COMMISSIONER LOY REQUESTED THAT ON PAGE 38, IST PARAGRAPH,
THE SECOND SENTENCE BE CHANGED TO READ, "SHE INFORMED THE BOARD THAT THE
PROPOSED OPTION CARRIES A MARCH 1, 1976 TERMINATION DATE."
COMMISSIONER LOY ASKED THAT ON PAGE 38, 2ND. PARAGRAPH, "5.8
m
ACRS" BE CHANGED TO READ "5.38 ACRES."
COMMISSIONER WODTKE REQUESTED THAT ON PAGE 211 THE SECOND
PARAGRAPH FROM THE BOTTOM BE STRUCK OUT AS IT IS NOT CORRECT.
COMMISSIONER WODTKE REQUESTED THAT ON PAGE 42, PARAGRAPH 2,
1
Q 20a; pd �
3RD LINE, THE WORD "BUT" BE CHANGED TO READ' °°ORo"
THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER
WODTKE, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED
THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 18, 1976, AS WRITTEN,
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY REPASSED RESOLUTION No, 76-12 FOR USE OF
SECONDARY ROAD FUNDS 1976-1980 IN ORDER TO BRING THE DATE INTO CON—
FORMITY. THIS RESOLUTION IS INCLUDED IN THE MINUTES OF THE MEETING
OF FEBRUARY 18, 1976,
EARL PADGETT APPEARED IN REGARD TO OBTAINING TENTATIVE
APPROVAL OF SEAGROVE SUBDIVISION, UNIT 1,
COMMISSIONER WODTKE QUESTIONED THE LOCATION OF THE SEWER PLANT,
AND CHAIRMAN SIEBERT NOTED THAT THIS REQUEST IS FOR TENTATIVE APPROVAL
AND HE ASSUMED BEFORE FINAL APPROVAL THERE WILL BE AN INDICATION OF
THE LOCATION OF THE SEWER PLANT,
COMMISSIONER LOY NOTED THAT THERE WERE PLANS FOR ONLY TWO
10 FOOT ACCESS STRIPS TO THE BEACH AND ASKED MR, PADGETT IF HE HAD PLANS
TO ADD ADDITIONAL BEACH ACCESS,
MR, PADGETT REPLIED THAT HE DID NOT IN THAT PARTICULAR AREA,
BUT THE EVENTUAL DEVELOPMENT WILL INCLUDE A LARGE FACILITY PROVIDING
ACCESS FOR EVERYONE,
ON MOTION BY COMMISSIONERN WODTKE, SECONDED BY COMMISSIONER
MASSEY, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO SEAGROVE
SUBDIVISION, UNIT 1,
ATTORNEY CHARLES HERRING APPEARED REQUESTING A RENEWAL OF
TENTATIVE APPROVAL FOR COUNTRY VIEW ESTATES,
ADMINSSTRATOR JENNINGS INFORMED THE BOARD THAT THIS HAD BEEN
RENEWED ONE TIME UNDER ANOTHER NAME AND THEN IT RAN OUT A SECOND TIME,
THIS IS ACTUALLY THE THIRD RENEWAL,
ATTORNEY HERRING EXPLAINED THE CIRCUMSTANCES CAUSING THIS AND
NOTED THAT DURING THE TIME THE RENEWAL RAN OUT, THE BOARD HAD ESTABLISHED
NEW REGULATIONS AND CREAVED A SUBDIVISION REVIEW COMMITTEE,
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COMMISSIONER LOY ASKED IF THE SUBDIVISION IS IN COMPLIANCE ?
WITH THE NEW REGULATIONS.
MR. HERRING STATED THAT IT WAS.
ADMINISTRATOR JENNINGS STATED THAT BASICALLY THIS IS THE SAME
SUBDIVISION WE HAVE BEEN TALKING ABOUT ALL ALONG. MR. HERRING HAS
ALTERED IT TO IMPROVE THE DRAINAGE AS REQUESTED BY THE SUBDIVISION
REVIEW COMMITTEE.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED RENEWAL OF TENTATIVE APPROVAL
TO COUNTRY VIEW ESTATES. t
MR. S. P. MUSICK APPEARED ON BEHALF OF DANIEL CAMPBELL RE-
QUESTING FINAL APPROVAL OF SUBURBAN ACRES.
DISCUSSION FOLLOWED ON THE PLAT PRESENTED, THE ANGLE OF THE
ENTRANCE, AND THE DRAINAGE.
COMMISSIONER MASSEY LEFT THE MEETING AT 8:55 O'CLOCK A.M. TO
SERVE ON THE ELECTION CANVASSING BOARD,
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
CHAIRMAN SIEBERT AND COMMISSIONER WODTKE VOTED IN FAVOR, THE BOARD GRANTED
FINAL APPROVAL TO SUBURBAN ACRES SUBDIVISION AND CHAIRMAN SIEBERT SIGNED
THE PLAT,
DANA HOWARD OF CARTER ASSOCIATES, INC., APPEARED REPRESENTING
JIM MEADE AND REQUESTING FINAL APPROVAL OF BANYAN ACRES SUBDIVISION.
HE EXPLAINED THAT THIS HAD BEEN REPLATT'ED AND AT THE MEETING OF
NOVEMBER 5, 1975, TENTATIVE APPROVAL HAD BEEN GRANTED SUBJECT TO VACATION
OF THE PRIOR PLAT, WHICH HAD RECEIVED FINAL APPROVAL FROM THE BOARD ON
OCTOBER 23, 1974, BUT HAD NEVER BEEN RECORDED. j
IN FURTHER DISCUSSION IT WAS BROUGHT OUT THAT THE PLAT PRE-
SENTED TODAY WAS ACTUALLY THE SAME PLAT, BUT WITH ALL THE LINES ERASED
AND REDRAWN, AND THUS THE ORIGINAL PLAT HAD, IN EFFECT, BEEN DESTROYED,
IN ADDITION, IT WAS ESTABLISHED THAT ALTHOUGH IT HAD BEEN APPROVED, IT
HAD NEVER BEEN SIGNED BY THE ADMINISTRATOR.
ATTORNEY COLLINS TOLD THE BOARD THEY COULD CONSIDER THE
ORIGMNAL PLAT VACATED,
ON MOTION BY:COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
WODTKE, CHAIRMAN SIEBERT AND COMMISSIONER Loy VOTED IN FAVOR, THE BOARD
GRANTED FINAL APPROVAL TO BANYAN ACRES SUBDIVISION.
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MAR 10 1976 Now` NO
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MAR 1019 6
DANA HOWARD NEXT APPEARED REQUESTING FINAL APPROVAL OF QUAIL
RUN SUBDIVISION. HE INFORMED THE BOARD THAT THE CITY HAD APPROVED IT,
BUT THE PLAT HAD NOT BEEN SIGNED BY THE CITY CLERK DUE TO HIS ABSENCE
CAUSED BY ILLNESS,
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCHMUCKER, CHAIRMAN SIEBERT AND COMMISSIONER Loy VOTED IN FAVOR, THE BOARD
GRANTED FINAL APPROVAL OF QUAIL RUN SUBDIVISION SUBJECT TO THE SIGNATURE OF
THE CITY CLERK,
CHAIRMAN SIEBERT ASKED GEORGE STOKES TO COME FORWARD. HE
STATED THAT MR. STOKES HAS SERVED FAITHFULLY AS VETERANS SERVICE OFFICER
FOR MANY YEARS AND HAS NOW FOUND IT NECESSARY TO RETIRE. HE THEN
READ RESOLUTION N0. 76-13 THANKING MR. STOKES FOR HIS DEDICATED SERVICE.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
CHAIRMAN SIEBERT AND COMMISSIONER WODTKE VOTED IN FAVOR, THE BOARD APPROVED
RESOLUTION N0. 76-13.
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Hoof 25?AGS�O;
RESOLUTION NO. 1.6-13
WHEREAS, GEORGE E. STOKES has submitted his resignation
as Indian River County Veterans Service Officer; and
WHEREAS, GEORGE E. STOKES, has served as the Indian
River County Veterans Service Officer with diligence during
a period in which Indian River County has experienced
tremendous growth and, consequently, increased the burden
,upon ali of its Governmental Officials; and
WHEREAS, GEORGE E. STOKES has served with great
distinction since August 23, 1965 on behalf of the servicemen
within Indian River County; and
WHEREAS, the Board of County Commissioners of Indian
River County wishes to publicly acknowledge GEORGE E. STOKES
for his tireless efforts on behalf of the servicemen of Indian
River County;
NOW, THEREFORE. -BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that it
regretfully accepts the resignation of GEORGE E. STOKES as
Indian River County Veterans Service Officer, and thanks him
for his years of dedicated service to the people of Indian
River County and wishes him great success in his endeavors.
This Resolution shall become effective as of the 10th
day of March, 1976.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
f
By1411 "if I ,
ar
Chairman
Attest:
RalpfY Harris,
Clerk
CHAIRMAN SIEBERT THANKED MR. STOKES PERSONALLY FOR HIS
s
EFFORTS AND PRESENTED HIM WITH A GIFT.
ADMINISTRATOR JENNINGS REPORTED ON THE DEPARTMENT OF TRANS— ;
PORTATION MEETING IN FORT LAUDERDALE THAT HE ATTENDED WITH VARIOUS
OFFICIALS OF THE CITY OF VERO BEACH IN REGARD TO OVERSIZING THE DRAINAGE
i
ON 17TH STREET. HE STATED THE D.O.T. AGREED TO INCREASE THE CAPACITY
AND ENLARGE THE CULVERTS ON THE DESIGN THE STATE IS GOING TO BUILD IF
THE CITY AND COUNTY WILL PICK UP THE DIFFERENCE IN THE COST, HE ALSO
SAID THEY AGREED TO REVISE THEIR PLANS AND COME TO THE WEST SIDE OF THE
INTERSECTION OF U,S. 1 AND 17TH STREET AND PROVIDE AN OPENING THERE
WHERE OTHER WATER CAN BE INTRODUCED INTO THIS DITCH,
THE ADMINISTRATOR STATED THAT THE D.O.T.'S BEST ESTIMATE
FOR THIS PROPOSED OVERSIZING WAS FROM $40,000.00 TO $45,000.00, AND
HE RECOMMENDED THAT THE COUNTY PARTICIPATE ON TA 50-50 BASIS WITH THE
CITY OF VERO BEACH ON THE COST OF THIS OVERSIZING AS HE DOUBTED THAT IT
COULD BE DONE AS INEXPENSIVELY IN THE FUTURE,
COMMISSIONER WODTKE ASKED IF THIS DRAINAGE GOES FROM THE
RIVER TO U.S. I AND WHETHER THIS WOULD BE THE COST OF OVERSIZING THIS
LINE AND GOING ACROSS U. S. 1,
THE ADMINISTRATOR SAID THAT WAS CORRECT, AND HE HOPED POSSIBLY
TO GET SOME MORE PARTICIPATION FROM THE D.O.T.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
Loy, CHAIRMAN SIEBERT AND COMMISSIONER WODTKE VOTED IN FAVOR, THE BOARD
AGREED TO SHARE THE COST OF OVERSIZING THE DRAINAGE ON 17TH STREET ON A
50-50 BASIS WITH THE CITY OF VERO BEACH.
y
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:
rte.
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PAIA12
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VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
NOTICE
Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath
NOTICE IS HEREBY GIVEN
that the Board of County Com -
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
missionersof Indian River County,
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
Florida will receive bids to the
hour of 9:30 a.m. on Wednesday,
March 10, 1976 at a meeting of said
a �OT/GC'
Board to be held In the County
Commission Room, Indian River
County Courthouse, Vero Beach,
in the matter of L A14A1CKh1t6 �9rnA BIDS
Florida for construction of the
following: ITEM: Launching
e
Ramp and Dock to be constructed
south of State Road 510 adjacent to
the west end of Wabasso Bridge.
Bid forms and detailed
specifications may be obtained at
e in the Coact, was pub
the office of the County Road and
Bridge Department, Room 115,
Courthouse, Vero Beach, Florida,
Ilshed in said newspaper in the issues of PEu3i2W",e /9, 22, 1176
or will be mailed upon request.
All bids shall be in an envelope,
securely sealed, and marked on
the outside "Bid for Launching
Ramp, opening date March 10,
1976."
Any bids received after the date
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
and time stated above will be
returned unopened.
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
Board of County
Commissioners Of
for a period of one year next preceeding the first publication of the attached copy of adver-
Indian River County,
Florida
tisement; and affiant further saysthat he has neither id nor promised an
pa' P Y Person, firm Or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
By: Willard W. Siebert Jr. �
Chairman
tisement for publication in the said newspaper.
Feb. 19, Y!, 1976..
Sworn to and subscribed before me this �Z3 P -.D y of. RUdgy A.D. /47�,
(Busi Manager)
(i? erk of tKCircuit Court, Indian River County, Florida)
LWAL)
THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN
ACCORDANCE WITH THE
NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED,
OPENED AND READ:
CONSTRUCTION SERVICES, FORT PIERCE
-- $x.1,625.00
(CASHIER`S CHECK ACCOMPANIED BID FOR
BID BOND
IN THE AMOUNT OF $583.00)
HOMER CANADA, 57 SUNSET DRIVE, WEST
MELBOURNE -$6,800.00
IT WAS NOTED THAT THERE WAS NO BOND
REQUIREMENT IN THE NOTICE
OR IN THE SPECIFICATIONS.
- - ON MOTION BY COMMISSIONER WODTKE, SECONDED
BY COMMISSIONER
SCHMUCKER, CHAIRMAN SIEBERT AND COMMISSIONER Loy
VOTED IN FAVOR, THE BOARD
APPROVED THE ABOVE BIDS BEING REFERRED TO THE ADMINISTRATOR FOR EVALUATION.
COMMISSIONER Loy STATED THAT AT THE
LAST MEETING WE DISCUSSED l;
THE POSSIBILITY OF PURCHASING A PIECE OF PROPERTY LOCATED IN THE TOWN
OF INDIAN RIVER SHORES ADJACENT TO THE COUNTY -OWNED PARCEL THAT WAS
MAR 10 1976
L I
SECURED FOR PARK PURPOSES. THE ATTORNEY AND COMMISSIONER Loy WERE
AUTHORIZED TO FURTHER NEGOTIATE WITH THE OWNERS OF THIS PROPERTY. SHE
ASKED ATTORNEY COLLINS TO PRESENT THE FORMAL CONTRACT THAT THEY ARE
RECOMMENDING FOR THE BOARDS APPROVAL TODAY.
ATTORNEY COLLINS REPORTED THAT HE HAD DETERMINED THAT THERE
ARE SEVERAL OUTSIDE INTERESTS THAT MAY HAVE A CLAIM AS FAR AS THE
ASSETS OF THE UTILITY PLANT ARE CONCERNED, THERE IS A CONTRACT WITH
INDIAN RIVER UTILITIES THAT PROVIDES FOR A PAYMENT OF $10,000 IN THE
EVENT THEIR SERVICES ARE GOING TO BE TERMINATED, AND IF THE PLANT WAS
EVER SOLD OR REMOVED, SOME OF THE SHAREHOLDERS WOULD BE ENTITLED TO
RECEIVE A PROPORTIONATE PART OF THEIR MONEY BACK.
ATTORNEY COLLINS CONTINUED THAT HE DID NOT FEEL, HOWEVER,
THERE IS ANY REASON THE COUNTY SHOULDN'T GO INTO A DIRECT CONTRACT WITH
THE OWNERS RATHER THAN AN OPTION. HE THEN PRESENTED THE PROPOSED
CdNTRACT WHICH HE REVIEWED WITH THE COMMISSIONERS.
ATTORNEY COLLINS NOTED THAT THE SELLER'S ATTORNEY WANTS A
SUBSTITUTION OF PARAGRAPH 14 SO THAT IT WILL READ IN THE EVENT THAT
"BUYER" INSTEAD OF "SELLER") IS UNABLE TO GIVE SATISFACTORY RELEASES
WITHIN 30 DAYS, THEN, IN THAT EVENT, EITHER PARTY SHALL HAVE THE RIGHT
TO TERMINATE THE AGREEMENT. IN OTHER WORDS, THEY WANT TO THROW THE
BALL BACK TO US. THE ATTORNEY CONTINUED THAT HE FELT THE MATTER CAN
BE CLEARED UP, AND IF THE COUNTY WANTED TO ASSUME THAT RESPONSIBILITY,
HE ESTIMATED IT COULD RUN TO A MAXIMUM OF $30,000.00 AND POSSIBLY
CONSIDERABLY LESS, ALSO, THERE IS THE POSSIBILITY OF SOME DAY SELLING
THE PLANT AND GETTING SOME OF THE MONEY BACK,
CHAIRMAN SIEBERT SUGGESTED THAT ANY MONEY NEEDED TO SETTLE
THIRD PARTY INTERESTS SHOULD BE DEDUCTED FROM THE PURCHASE PRICE.
COMMISSIONER Loy STATED SHE DID NOT FEEL IT IS THE COUNTY'S
RESPONS$BILITY TO GET THE THIRD PARTY INTERESTS SETTLED, EVEN 'THOUGH
SHE REALIZED THE PRICE OF THE LAND HAS BEEN REDUCED CONSIDERABLY BE-
CAUSE OF THAT PARTICULAR PROBLEM, AND SHE WOULD PREFER THE COUNTY NOT
BE INVOLVED IN NEGOTIATING ALL THESE INDIVIDUAL CLAIMS.
4
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MAR 101976
r,
COMMISSIONER WODTKE STATED THAT HE WOULD BE IN FAVOR OF
OFFERING THE OWNERS THE SUGGESTED CONTRACT PRESENTED BY ATTORNEY COLLINS
TO SEE HOW THEY REACT. HE FELT THEY WOULD BE IN A BETTER POSITION TO
NEGOTIATE ANY CLAIMS THAN THE COUNTY WOULD.
. CHAIRMAN SIEBERT STATED THAT IF IT IS THE BOARD'S DESIRE TO
PURCHASE THIS PROPERTY, HE FELT WE SHOULD MAKE A BONA FIDE OFFER
BASED (A THE RECOMiMENDATIONS OF OUR COMMITTEE WORKING ON THIS MATTER,
COMMISSIONER WODTKE ASKED IF PARAGRAPH 7 IS NORMAL POLICY?
ATTORNEY COLLINS REPLIED THAT THIS IS ONE OF THEIR TERMS -
THEY ARE TALKING $200,000 NET WITH THE BUYER PAYING ALL OTHER COSTS,
COMMISSIONER Loy NOTED THAT ONE OF OUR STRONG POINTS IS THAT
THE COUNTY CAN MAKE THE MONEY AVAILABLE IMMEDIATELY.
ATTORNEY COLLINS INFORMED THE COMMISSIONERS -THAT REPRESENTATIVES
OF THE OWNER WOULD APPEAR AT THE MEETING IF THEY SO DESIRED.
IN FURTHER DISCUSSION,, IT WAS AGREED TO TABLE FURTHUR DIS-
CUSSION ON THIS MATTER UNTIL REPRESENTATIVES OF THE OWNER COULD APPEAR
AT THE MEETING.
COMMISSIONER Loy THEN DESCRIBED FOR THE BENEFIT OF THE PRESS
THE PIECE OF LAND UNDER DISCUSSION, WHICH IS 5.38 ACRES IN THE TOWN OF
INDIAN RIVER SHORES LOCATED BETWEEN THE EXISTING PIECE OF COUNTY
PROPERTY, THE TRACKING STATION AND AIA, WITH 320 FEET ON THE OCEAN SIDE
AND 357 FEET.ON STATE ROAD AlA.
•i
COUNTY COORDINATOR L. S. "TOMMY" THOMAS NOTED THAT THIS
PROPERTY WILL NOT ONLY GIVE US NEEDED ACCESS, BUT WILL GIVE ROOM FOR
PARKING, WHICH IS GREATLY NEEDED ALSO.
ADMINISTRATOR JENNINGS INFORMED THE BOARD OF A LETTER HE HAD
RECEIVED FROM PROPERTY APPRAISER HOMER FLETCHER IN REGARD TO UPDATING
THE INDIAN RIVER COUNTY TAX ATLAS AND ASKING THE ADMINISTRATOR FOR THE �.
CURRENT NAMES AND NUMBERS OF ALL ROADS AND STREETS AS REFLECTED BY THE.
RECORDS OF HIS OFFICE.
ADMINISTRATOR JENNINGS CONTINUED THAT THERE ARE SO MANY PLATS
ON RECORD AND SOME HAVE BEEN THERE SO MANY YEARS THAT IT WILL TAKE
ONE PERSON WHO IS KNOWLEDGEABLE TO WORK OUT A NUMBERING OR STREET
LETTERING PROJECT FOR THE WHOLE COUNTY. HE FELT THAT THIS IS A PROJECT
THAT BECOMES MORE AND MORE IMPORTANT EACH DAY AS IT EVEN INTERFERES
WITH THE PROPER DELIVERY OF MAIL. HE STATED THAT HE FELT THE PLANNING
9
MAR 10 197 r
DEPARTMENT IS TOO OVERLOADED TO HANDLE IT, AND SUGGESTED THE BOARD
CONSIDER PERMITTING THE PLANNING DEPARTMENT TO EMPLOY ONE PERSON TO
WORK ON THIS PROJECT. HE SAID HE FELT THIS NEEDS TO BE DONE ON A
PROFESSIONAL BASIS AND SHOULD START WHERE WE HAVE THE MOST DENSITY AND
THEN SPREAD OUT TO OTHER AREAS.
CHAIRMAN SIEBERT STILTED THAT HE FEELS WE SHOULD INVESTIGATE
THE COSTS INVOLVED AND THE NUMBER OF MAN HOURS SUCH A PROJECT WILL TAKE.
ALSO THERE ARE CONSULTING FIRMS THAT WILL COME IN AND DO THIS TYPE OF
WORK AND POSSIBLY THEIR EXPERTISE WOULD WARRANT HAVING THEM INSTEAD OF
HIRING ONE PERSON,
ADMINISTRATOR JENNINGS SAID THIS PROJECT HAD BEEN BEFORE THE
JOINT CITY -COUNTY PLANNING DEPARTMENT FOR SOME TIME, BUT IT HAS BEEN
LOW IN PRIORITY AND THEY WERE NEVER ABLE TO GET TO IT. HE FELT A
KNOWLEDGEABLE PERSON WHO KNOWS THIS COUNTY COULD DO THE JOB WHEREAS
A CONSULTING FIRM MIGHT NOT KNOW THIS AREA, BUT HE WILL INVESTIGATE THIS
POSSIBLILITY IF THE BOARD DESIRES.
COMMISSIONER LOY NOTED THAT WE HAVE STUMBLED ALONG WITH THIS
PROBLEM FOR THE SEVEN YEARS SHE HAS BEEN ON THE BOARD, AND SAID SHE
WAS CONSTANTLY CONCERNED BECAUSE THE FIRE DEPARTMENT, POLICE DEPARTMENT
AND AMBULANCE SERVICE ARE ALL IN DESPERATE NEED OF THIS TYPE OF IN-
FORMATION. SHE STATED SHE WOULD LIKE TO RECOMMEND THAT THE ADMIN-
ISTRATOR GET TOGETHER SOME COST FIGURES, GIVE THIS PROJECT A PRIORITY
AND GET STARTED ON IT AS SHE FEELS IT IS A DIRE NECESSITY IN THIS
COUNTY.
COMMISSIONER WODTKE DISCUSSED THE PROBLEM OF PEOPLE OBTAINING
9
HOUSE NUMBERS AS THESE MUST BE ASSIGNED BEFORE THEY CAN GET A BUILDING
PERMIT. HE ALSO NOTED THAT THE POSTAL DEPARTMENT IS GOING TO REQUIRE
STREET SIGNS AND NUMBERS ON HOUSES FOR DELIVERY OF MAIL, AND SAID THE z
SOONER WE GET TO THIS PROBLEM, THE FEWER NUMBERS AND NAMES WE WILL HAVE
TO CHANGE,
COMMISSIONER Loy SUGGESTED THAT MR. FLETCHER BE INFORMED
THAT THIS INFORMATLON IS JUST NOT AVAILABLE AT THIS TIME, BUT WE ARE }
MAKING AN•EFFORT TO OBTAIN IT.
THE HOUR OF 10:00 O'CLOCK A. M. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED,TO-WIT:
10.
1'
MAR 10 197x. -:- �_.1fi
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RiVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach inIndian River County, Florida; that the attached copy of advertisement, being
a A/d i/f /t ) / �
in the matter of �+u/'��tildOo! S�PE'Z �C Etj xxS
)n the Court, was pub-
lished in said newspaper in the issues of %�diZcltf�� /g 710
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year rext 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 Y yA•D. X97&
(Business anager)
(Clerk of thoeircuit Court, Indian River County, Florida)
(SEAQ
NOTICE
NOTICE IS HEREBY GIVEN
that the Board of County Com-
missionersof Indian River County,
Florida will hold a public hearing
on March 10, 1976, at 10:00 o'clock
A.M. at the Indian River County,
Courthouse, Vero Beach, Florida,
to consider the adoption of an
Ordiance creating the Laurel wood,
Unit 1 Subdivision Municipal
Service Unit for Street Lights,
which Ordinance shall establish
boundaries, provide for govern-
mental organization; jurisdiction;
powers, purposes and privileges;
provide for the adoption of an
annual budget; provide for special
assessments; provide for a
miliage levy; and provide for an
effective date.
Board of County
Commissioners
Indian River County,
Florida
By: Willard W. Siebert Jr.
Chairman
Publish one time, namely,
Feb. 19, 1976.
RICHARD BOGOSIAN, ATTORNEY, AND BOB $MUTTS, PROFESSIONAL
ENGINEER, APPEARED TO MAKE THE PRESENTATION,
NIR. BOGOSIAN STATED THAT HE HAD SENT ATTORNEY COLLINS COPIES
OF THE CONTRACT BETWEEN LAUREL HOMES, INC. AND FLORIDA POWER & LIGHT
COMPANY, TOGETHER WITH A COPY OF A STREET LIGHTING RATE SCHEDULE USED
BY FLORIDA POWER & LIGHT COMPANY, HE CONTINUED THAT HE HAD DISCUSSED
THIS MATTER WITH BOTH THE TAX COLLECTOR AND THE PROPERTY APPRAISER;
AND MR. FLETCHER DID NOT SEEM TO THINK THE PROPOSAL PRESENTED ANY
PROBLEMS FOR HIS DEPARTMENT BUT HE DID NOT PRESENT ANY PARTICULAR VIEW
ON IT, ONLY THAT HE IS PREPARED TO COOPERATE WITH THE BOARD UPON ANY
DECISION IT MAKES,
CHAIRMAN SIEBERT STATED TRAT HE HAD JUST RECEIVED A LETTER
FROM GENE ,MORRIS, TAX COLLECTOR, THIS MORNING IN WHICH HE QUESTIONED
11
MAR 10 19-76 �Q84 , 'aa��x17.
,/
BASING THE ASSESSMENT ON A PER LOT RATE RATHER THAN A MILLAGE.LEVY,
THE LETTER IS AS FOLLOWS;
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keV!'%r�'.�:Y_iiN'�f Yi4i ;
_ . „ INDIAN RIVER COUNTY
;ENE E. MORRIS TELEPHONE: 1303) 562.2303
TAX COLLECTOR P. b. 13OX 1500 . . -
VERO BEACH. FLORIDA - 32960
March 8, 1976
Hon. W. W. Siebert, Jr. Chairman
Board of County Commissioners
Indian River County Courthouse
.Vero Beach, Florida
In re: Laurelwood Subdivision, Unit #1
Dear 'Bunny":
went over the proposed special tax district for Laurelwood
Subdivision with Richard Bogosian and he -wanted me to express my
thoughts. on any differences that might arise over creating this.
special district.
The only thing proposed which 1 question is that the assessment
will be based ona per lot rate rather than a millage levy which
could be more easily calculated and distributed. It would seem to
me that the only funds that would be'raised would be the amount to
cover the cost of operating the street 1-ights"plus administration
by the County. In my opinion, it would be simpler to have -this -.
based on a value of the area, then someone with a large house or
two lots would have their assessment and taxes based -on value.rather
than area of land.. - -"
As for the collection and distribution of these funds for the
special tax district, I cannot see where it poses any particular
{ - problem. The commission charged would-be based on the same rate as
any special tax _district as provided for in the Florida Statutes.
With personal regards, I am
.7
Sincerel yours,
Gene E. Morris
County Tax Collector
GEM/ba WaPPy ,cBirthday a.
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MAR 10 1976
I
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ATTORNEY BOGOSIAN CONTINUED THAT HE HAD CONTACTED OFFICIALS
IN ORLANDO FOR ADDITIONAL INFORMATION AS THEY HAVE 20,000 LOTS OVER
THERE IN SPECIAL TAX DISTRICTS AND EVEN HAVE A SPECIAL BRANCH OF THEIR
ASSESSING DEPARTMENT TO HANDLE JUST THESE'DISTRICTS, HE THEN DISCUSSED
THE MONTHLY FEES FOR ADMINISTRATIVE COSTS AND SAID BASICALLY ALL YOU
ARE DOING IS CHARGING FOR BILLING AND COLLECTING AND HE NOTED THAT AT
$2,00 A MONTH `YOU WOULD BE CHARGING 20%,
COMMISSIONER SCHMUCKER REMARKED THAT APPARENTLY THE TAX
COLLECTOR AND PROPERTY APPRAISER WOULD RATHER HAVE THIS DONE CON-
VENTIONALLY,
ATTORNEY COLLINS FELT IT SHOULD BE DONE ACCORDING TO THE
STATUTES,
ATTORNEY BOGOSIAN STATED THAT HE DID NOT FEEL THE COUNTY WILL
GET AS MUCH MONEY ON THE ASSESSMENT METHOD AS THEY WOULD IF THEY
CHARGED $2,00 PER MONTH,
COMMISSIONER WODTKE SAID HE DID NOT FEEL THAT MAKING MONEY IS
A CONSIDERATION, AND HE FELT ON A MILLAGE BASIS IT WOULD INSURE THAT
THE PEOPLE LIVING THERE WILL BE ABLE TO WORK ON THEIR BUDGET AND KNOW
THE COST THAT WILL BE PAID,
ATTORNEY BOGOSIAN POINTED OUT THAT THE BURDEN ON THE COUNTY
BECOMES LESS SEVERE AS YOU ADD MORE LOTS BECAUSE THE PROCEDURE IS THE
SAME REGARDLESS OF THE NUMBER OF LOTS,
CHAIRMAN SIEBERT STATED THE QUESTION HAS BEEN RAISED THAT
SINCE YOU ARE GOING TO HAVE A WATER AND SEWER SYSTEM, WHY COULDNIT
THE LIGHTING BE BILLED THROUGH THE SAME UTILITY SYSTEM,
i ATTORNEY BOGOSIAN REPLIED THAT TIRIS WOULD CREATE A BILL
COLLECTION PROBLEM,
COMMISSIONER WODTKE STATED THAT HE FELT IT IS A DEFINITE
ADVANTAGE TO HAVE A DEVELOPER WHO WANTS TO ASSURE THAT THERE IS
ADEQUATE LIGHTING, IT IS GOOD FOR PROTECTION, AND THIS MAY BE THE
COMING WAY FOR THE COUNTY TO BE ABLE TO HAVE SOME LIGHTING IN OUTLYING
AREAS, HE SAID HE IS IN FAVOR OF PROCEEDING ON AN ASSESSMENT BASED
ON A MILLAGE LEVY, x
COMMISSIONER SCHMUCKER NOTED THAT WE HAVE THE SAME THING
IN ROCKRIDGE, THIS IS NOT ACTUALLY SOMETHING NEW,
13
MAR 101976
1 t
i
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m
ATTORNEY BOGOSIAN POINTED OUT THAT THE PEOPLE IN ROCKRIDGE
HAD TO PAY FOR THE LIGHTS AND EVERYTHING, AND IT WAS EXPENSIVE FOR THEM
TO GET INTO THE SYSTEM. THIS WAY FLORIDA POWER & LIGHT WILL PAY, AND
IT WILL BE A MUCH MORE ECONOMICAL SYSTEM.
COMMISSIONER Loy SAID SHE DOES FEEL THE MILLAGE BASIS IS THE
WAY TO GO AND CERTAINLY CONCURS THAT THIS IS THE ONLY WAY TO GET STREET
LIGHTING IN THE OUTLYING AREAS OF THE COUNTY. SHE CONTINUED THAT SHE
FELT THE DEVELOPER SHOULD BE RESPONSIBLE FOR PREPARING ALL OF THE LEGAL
DOCUMENTS THAT WILL'BE NEEDED IN ORDER TO ACTUALLY SET THIS UP, WITH
THE CONCURRENCE OF OUR ATTORNEY, AND IF THE DEVELOPER WILL BEAR THESE
EXPENSES AND SETLTHIS UP SO THAT THE ASSESSMENT WILL BE.ON A MILLAGE
BASIS, SHE WOULD LIKE TO SEE US TRY.
ATTORNEY COLLINS POINTED OUT TO MR. SHUTTS THAT HIS COMPANY WILL
BE ASSESSED THE SAME AS EVERYBODY ELSE ON THE LOTS IT OWNS,
MR. SHUTTS STATED IF THE DISTRICT COULD BE ESTABLISHED SO THAT
THE AREA NOT PRESENTLY BEING SERVED IS NOT TAXED THAT WOULD BE SATIS=_
FACTORY.
CHAIRMAN SIEBERT ASKED IF THERE WAS ANYONE IN THE AUDIENCE
WISHING TO BE HEARD, THERE WERE NONE.
ATTORNEY BOGOSIAN STATED HIS CLIENT HAD NO OBJECTION TO PRE=
PARING ALL DOCUMENTS,
ATTORNEY COLLINS RECOMMENDED PASSING THE ORDINANCE CONDITIONAL
UPON THE FORM BEING ACCEPTABLE TO THE ATTORNEY TO THE BOARD. HE ALSO
FELT A MILLAGE RATE NEEDED TO BE ESTABLISHED IN THE MOTION.
CHAIRMAN SIEBERT STATED THAT IT SHOULD ALSO BE MADE PLAIN IN ANY
IMPLEMENTING ORDINANCE THAT THIS MILLAGE IS NOT PART OF THE COUNTY'S
IO MILL CAP LIMITATION.
UPON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SCHMUCKER, CHAIRMAN SIEBERT AND COMMISSIONER WODTKE VOTED IN FAVOR, THE
BOARD CLOSED THE PUBLIC HEARING.
COMMISSIONER LOY REQUESTED MR. BOGOSIAN AND HIS CLIENT TO PRE-
PARE THE NECESSARY DOCUMENTS TO SET UP THE STREET LIGHTING DISTRICT, GIV-
ING THE EXACT LOCATION, STATING THAT ASSESSMENTS WOULD BE BY MILLAGE
LEVY, AND STATING THAT THE RECOMMENDED MILLAGE LIMIT WAS NOT TO EXCEED
14
120
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A SET AMOUNT, SHE SUGGESTED THAT THESE BE DRAWN AS QUICKLY AS POSSIBLE
AND GIVEN TO ATTORNEY COLLINS TO CHECK AND PUT BACK ON THE AGENDA.
ATTORNEY COLLINS POINTED OUT THAT THIS ORDINANCE HAS BEEN
ADVERTISED FOR ADOPTION,
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE,
CHAIRMAN SIEBERT AND COMMISSIONER SCHMUCKER VOTED IN FAVOR, THE BOARD AGREED
TO CONTIN-j'E DISCUSSION OF ADOPTION OF ORDINANCE CREATING LAURELWOOD UNIT 1
SUBDIVISION MUNICIPAL SERVICE UNIT FOR STREET LIGHTS AT THE MEETING OF
MARCH 24, 1976, AT 11,30 O'CLOCK A.M.
ATTORNEY .JOHN SUTHERLAND APPEARED REPRESENTING RICHARD GALE,
OWNER OF THE PROPERTY IN THE TOWN OF INDIAN RIVER SHORES WHICH THE
BOARD IS CONSIDERING PURCHASING FOR PARK PURPOSES,
ATTORNEY SUTHERLAND STATED THAT THE QUESTION OF THE SEWER
PLANT PROBLEM AND CLEARING IT UP IS WHY THE COUNTY HAS THE OPPORTUNITY
TO PURCHASE THE PROPERTY SO MUCH CHEAPER. AS FAR AS HIS GROUP IS
CONCERNED, THE BURDEN OF CLEARING THIS UP.IS PASSING BACK TO THE COUNTY.
HE NOTED THAT IF THE COUNTY WISHES TO PAY $300,000, HIS CLIENT WILL
KEEP THE BURDEN, AND ALSO POINTED OUT THAT IF THE COUNTY CAN'T CLEAR
UP THIS PROBLEM, THEY CAN HAVE THEIR DEPOSIT BACK. HE CONTINUED THAT
HIS GROUP IS SELLING THE UNDERLYING LAND AND GIVING A SEVERE REDUCTION
IN VALUATION. WHAT THEY WANT IS $200,000 NET, THIS IS STRICTLY A
DOLLARS AND.tENTS MATTER.
COMMISSIONER LOY ASKED MR. SUTHERLAND WHAT OTHER ALTERNATIVE
THEY HAD AS FAR AS THIS PROPERTY WAS CONCERNED AT THE PRESENT TIME.
ATTORNEY SUTHERLAND STATED THAT THEY WOULD JUST HANG ON TO
IT, AND HE FELT THAT KNOCKING $100,000 OFF THE PRICE IS DOING A CIVIC
DUTY, THEY ARE TRYING TO MAKE IT SIMPLE ENOUGH SO THAT IT CAN BE USED
FOR WHAT THEY FEEL IS PROPERLY THE MOST APPROPRIATE USE,
ATTORNEY COLLINS SAID HE FEELS IT SHOULD BE INCUMBENT ON
ATTORNEY SUTHERLAND'S GROUP TO GIVE THE COUNTY A BILL OF SALE FREE AND
CLEAR,
ATTORNEY SUTHERLAND STATED THAT THIS IS A NET FIGURE, 11E
WERE ASKED TO COME UP WITH ONE AND THIS IS IT. THE OPERATION IS THERE
AND WILL UNDOUBTEDLY REMAIN THERE UNTIL A MUNICIPAL TYPE SEWER SYSTEM
TAKES ITS PLACE,
COMMISSIONER WODTKE ASKED IF ATTORNEY SUTHERLAND COULD GIVE
THE BOARD A FIGURE HIS CLIENT WOULD ACCEPT IF THEY KEPT THE BURDEN OF
THE THIRD PARTY INTEREST AS HE FELT THE COUNTY IS AT A DISADVANTAGE
NOT KNOWING WHAT IT WILL COST TO SETTLE THIS.
ATTORNEY SUTHERLAND POINTED OUT THAT THERE IS A CLAUSE THAT
IF YOU CAN'T DO THIS SATISFACTORILY WITHIN 30 DAYS, YOU CAN CANCEL,
ATTORNEY COLLINS STATED HE THOUGHT THE SELLER WAS IN A BETTER
POSITION TO KNOW WHAT PROBLEMS WERE INVOLVED, AND HE WOULD NOT WANT TO
HAVE SOMEONE APPEAR WITHIN A FEW YEARS THAT WE DON'T KflOW ABOUT WITHOUT
HAVING AN INDEMNIFICATION FROM THE GALE GROUP.
ATTORNEY SUTHERLAND REMARKED THAT THIS IS WHERE THE IMPASSE IS.
MY CLIENTS DON'T KNOW EITHER AND THEY ARE PASSING ON TO YOU WHAT THEY
HAVE SECURED,
COMMISSIONER SCHMUCKER ASKED IF THIS ALL STARTED WITH PEBBLE
BAY?
ATTORNEY SUTHERLAND SAID IT DID AND THAT THERE HAVE BEEN HALF
A DOZEN ATTORNEYS INVOLVED WITH IT OVER THE YEARS,
COMMISSIONER SCHMUCKER SAID HE FELT IF IT ALL STARTED WITH
PEBBLE BAY, THEN IT MIGHT NOT BE T00 HARD TO WORK WITH►
ATTORNEY COLLINS POINTED OUT THAT THE FRANCHISE WAS GRANTED
TO A.NOW DISSOLVED CORPORATION. I
COMMISSIONER MASSEY RETURNED TO THE MEETING AT 10:55 O'CLOCK A.M.
DISCUSSION CONTINUED AS TO WHICH PARTY WAS BETTER ABLE TO
ASSUME THE BURDEN OF RESOLVING THE PROBLEMS INVOLVED.
ATTORNEY SUTHERLAND STATED THAT HIS GROUP WOULDN'T MIND
WORKING WITH THE PROBLEMS, BUT IF IT COSTS MONEY, THEN IT IS YOUR PROBLEM
BECAUSE WE ARE SELLING THE PROPERTY AS IS, AND ARE WILLING TO GIVE YOU
AN "OUT" WITH THE 30 -DAY CLAUSE. HE SUGGESTED WRITING A CONTRACT WITH
EITHER PARTY BEING ABLE TO CANCEL,
I
ATTORNEY COLLINS STATED THERE WILL DEFINITELY BE SOME FINANCIAL
QUESTIONS INVOLVED WITH THE MANAGEMENT COMPANY,
16
MAR 10 1976
122
ATTORNEY SUTHERLAND ANSWERED THAT WOULD ONLY BE SO IF YOU a
GET RID OF THEM RIGHT AWAY, IF YOU CONTINUE ON WITH THE PRESENT SITUATION�j
k
I DON'T FEEL YOU HAVE ANY FINANCIAL PROBLEM.
COMMISSIONER WODTKE STATED THAT HE WOULD LIKE TO OFFER THE
PROPOSAL AS DRAWN UP BY ATTORNEY COLLINS.
ATTORNEY SUTHERLAND SAID THIS WOULD ONLY STALL THE MATTER FOR
TWO MORE WEEKS AND fN THE MEANTIME WE DON'T KNOW WHERE WE STAND, THE
BURDEN WILL STILL BE ON YOUR ATTORNEY TO ADVISE YOU. WE ARE JUST GOING
1
BACKWARDS AND FORWARDS HERE,
ATTORNEY SUTHERLAND CONTINUED THAT ONCE WE KNOW YOU WILL BUY
THIS PROPERTY IF THIS IS ACCOMPLISHED IN A SATISFACTORY MANNER, THEN
WE CAN GO AHEAD AND DO SOMETHING CONCRETE TO GET IT SETTLED, IT WILL
ONLY COST YOU MONEY IF YOU WANT TO PURSUE IT,
COMMISSIONER MASSEY SAID, "IN OTHER WORDS, YOUR CLIENTS DON'T
WANT TO SPEND ANY MORE MONEY CLEARING THE TITLE UNTIL YOU HAVE A BUYER,"
COMMISSIONER Loy SAID WHAT YOU ARE SAYING IS, FIRST YOU WISH
US TO INDICATE TO YOU THAT WE DO WANT TO BUY THE PROPERTY AND SECOND,
THAT WE WANT ALL THE INTERESTS CLEARED UP AND SOME KIND OF AGREEMENT
REACHED BEFORE WE FINALLY CLOSE,
ATTORNEY COLLINS SUGGESTED THAT AN ADDITION BE MADE TO
PARAGRAPH 14 STATING THAT THE SELLER HAS 30 DAYS TO SATISFY PARAGRAPH 114,
AND IF HE CANT, HE CAN THEN TERMINATE THE CONTRACT.
ATTORNEY SUTHERLAND STATED THAT WE WILL BE GLAD TO COOPERATE
TO TRY TO RESOLVE THE PROBLEMS AND THIS IS WHY HE PROPOSED EARLIER
THAT EITHER PARTY BE ALLOWED TO TERMINATE IF SATISFACTORY RELEASES COULD
NOT BE OBTAINED,
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER MASSEY,
THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN, WITH THE APPROVAL OF THE
ATTORNEY TO THE BOARD, TO EXECUTE A CONTRACT FOR PURCHASE OF THE BEACH—
FRONT PROPERTY UNDER DISCUSSION WITH THE ADDITION TO PARAGRAPH 14 THAT
THE ATTORNEY HAS JUST OUTLINED,
THE HOUR OF 11:00 O'CLOCK A. M., HAVING PASSED, THE DEPUTY
CLERK READ,THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED,
TO—WIT:
17
�DO� 25 'pc'- 423 f
VERO BEACH PRESS -JOURNAL
Published Weekly
NOTICE
NOTICE IS HEREBY GIVEN
Vero Beach, Indian River County, Florida
that the Board of County Com -
misstonersof Indian River County,
Florida,. will hold a public hearing
on March 10, 1976, at 11:00 o'clock
COUNTY OF INDIAN RIVER:
A.M. at the Indian River County
Courthouse to consider the
STATE OF FLORIDA
adoption of an
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
Ordinance Establishing
Minimum Standard s
saysthat he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
Governing the Use, Occupancy
G
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
and Maintenance of Dwellings,
Dwelling Units and Accessory
d/oTICE
Structures; Establishing
Minimum Standards
a
Governing Supplied Utilities
In the matter of Sitcr[c>'2/aiSS
and Facilities, and other
Physical things and Conditions
Physical
Essential to make Dwellings
Safe, Sanitary and Fit for
Human Hebitatl^n;
Establishing Minimum
Standards Governing the
Condition and Maintenance of
In the Court, was pub-
Dwellings and Accessory
Structures; Fixing Certain
�ER2GtfM.r1 eZ�, 1-17(s
Rasponslbilitles and Duties of
owners and Occupants of
I)shed In said newspaper in the issues of
Dwellings; Creating a Housing
Board of Adjustments and
Appeals and Fixing the Duties
and Responsibilities Thereof;
Authorizing the Inspection of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Dwellings and Accessory
Structures and Providing for
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
the Condemnation of all
been continuously published in said Indian River County, Florida, weekly and has been entered
Buildings and Structures
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
Deemed Unfit for Human
for a period of one year next preceeding the first publication of the attached copy of adver-
Habitation and Use; and
Fixing Penalties for
tiserrent; 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-
Violations.
4isement for publication in the said newspaper.
Board of County. Commissioners
Swum to and subscribed before me this!� oa�QU p,�/� 7
of Indian River County
Florida Flo Willard W. Siebert Jr.
Chairman
/7!!j
Feb. 22, 1976.
(Business
/Manager)
((ferk of Circuit Court, Indian River County, Florida)
(SEAL.)
DON ADAMS, BUILDING DIRECTOR, APPEARED TO MAKE A PRESENTATION AND
INFORMED THE BOARD THAT HE HAD WRITTEN THE SOUTHERN BUILDING CODE CONGRESS,
AND THEY HAD SENT HIM THE NAMES OF THREE CITIES PRESENTLY ENFORCING THE
SOUTHERN STANDARD HOUSING CODE. HE CONTINUED HE
HAD WRITTEN TO AND RECEIVED
LETTERS FROM MR, ROY MAYO, DIRECTOR OF BUILDING,
TALLAHASSEEI MR. BUTZ OF
ORLANDO; AND MR. GEORGE BROWN OF FORT MYERS, ALL
INDICATING THEY CONSIDERED
THE SOUTHERN STANDARD HOUSING CODE A VALUABLE ASSET TO THEIR CITIES AND
AN EFFECTIVE TOOL IN ENFORCING STANDARDS AND ELIMINATING BLIGHTED AREAS,
MR.. ADAMS STATED THAT HE WOULD NOT BE ASKING THE BOARD TO ADOPT
_ THIS CODE IF HE DIDN°T FEEL IT WAS REALLY NEEDED.
HE FELT THAT THIS IS A
TOOL THAT DEFINITELY CAN BE A PUBLIC SERVICE AND
CAN BE ENFORCED, AND ALSO
NOTED THAT IF YOU DONT DO IT, THE FEDERAL GOVERNMENT WILL DO IT FOR YOU,
DISCUSSION FOLLOWED IN REGARD TO TECHNICAL REQUIREMENTS, SPECIFIC
FOOTAGE REGULATIONS, ETC.,
'
iu
BAR 1 019761 5 124
k
MR. ADAMS POINTED OUT TO THE BOARD THAT.HE HAS BEEN WORKING WITH
THIS CODE IN THE CITY OF VERO BEACH, AND HE DOES NOT FEEL ANYONE HAS BEEN
PERSECUTED BECAUSE OF IT.
CHAIRMAN SIEBERT ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE
WERE NONE. .
COMMISSIONER SCHMUCKER SAID THAT HE HAS DISCUSSED THIS MATTER AT
LENGTH WITH MR. ADAMS A,ND STATED THAT AS AN INDIVIDUAL, HE IS VERY STRONG
ON TWO POINTS - HE IS AGAINST TAX INCREASES AND AGAINST BUREAUCRACY, WHICH
CAN GET OUT OF HAND. HE CONTINUED THAT HE IS MOST CONCERNED BECAUSE IN THE
COUNTY WE ARE STRETCHED OUT FURTHER THAN IN THE CITY AND ASKED MR. ADAMS
IF HE HAD THE WHOLE CODE TO WORK WITH, HOW,WOULD HE PROCEED WITH ENFORCING
IT IN THE COUNTY.
MR. ADAMS REMARKED THAT WE WOULD ATTEMPT TO USE IT TO HELP PEOPLE
HELP THEMSELVES. WE WILL START BY CANVASSING AN AREA, AND AS WE MAKE IM-
PROVEMENTS OR PROVIDE ADDITIONAL HOUSING, SUBSTANDARD HOUSING WILL HAVE TO
BE BROUGHT UP TO CODE BEFORE IT CAN BE OCCUPIED AGAIN. HOWEVER, UNTIL WE
HAVE A FULL TIME HOUSING INSPECTOR, THERE IS NO WAY WE COULD POSSIBLY EN-
FORCE THIS THROUGHOUT THE COUNTY, BUT THIS IS A POINT OF BEGINNING. MR.
ADAMS CONTINUED THAT HE THOUGHT IT MIGHT BE POSSIBLE TO GET FEDERAL FUNDING
FOR A HOUSING INSPECTOR; OTHERWISE, IT WILL HAVE TO BE DONE BY FEES AND
POINTED OUT THAT HE WILL NEED ADDITIONAL PERSONNEL WHETHER THE CODE IS
ADOPTED OR NOT.,
COMMISSIONER MASSEY STATED THAT HE WAS CONCERNED THAT THE HOUSING
CODE WOULD GIVE THE BUILDING DEPARTMENT INGRESS AND EGRESS TO PEOPLES HOMES,
MR. ADAMS REPLIED THAT THE SUPREME COURT RULED THAT YOU CANNOT
INVADE THE PRIVACY OF A MAN S HOME AND STATED THAT THE INSPECTORS ARE SUB-
. 4
JECT TO PERSONAL LAWSUIT AND ALSO MUST ASCERTAIN BEFORE THEY MAKE ANY CHARGES
THAT THEY ARE FACTUAL.
COMMISSIONER $CHMUCKER STATED THAT HE WAS NOT OPPOSED TO THE HODS-
ING CODE, BUT WAS OPPOSED TO ADOPTING IT IN ENTIRETY BECAUSE IT GOES INTO
SO MANY DETAILS, AND HE WOULD LIKE TO SUGGEST THAT ONLY CERTAIN CHAPTERS
OF IT BE ADOPTED.
MR. ADAMS POINTED OUT THAT THIS IS A "MINIMUM" SET UP AND DOES NOT
EVEN MEET THE'STRICTER REQUIREMENTS WE HAVE ALREADY SET UP.
19
MAR 10,1976
p�� 1`25 '
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I
COMMISSIONER Loy STATED THAT SHE COULD UNDERSTAND COMMISSIONER
SCHMUCKER`S CONCERN, BUT NOTED THAT THE FIRST STEP WOULD JUST•BE A BASIC
OVERALL SURVEY OF WHAT PRESENTLY EXISTS IN THE COUNTY, WHICH WILL TAKE A
CONSIDERABLE AMOUNT OF TIME. THIS WILL SHOW WHERE THE MOST SERIOUS PROBLEMS
ARE AND WHERE WE HAVE TO START. SHE STATED SHE WOULD NOT ANTICIPATE ANY
DRASTIC MOVES, BUT DID FEEL THE.CODE IS THE BASIC TOOL WE NEED TO GET
STARTED ON A POSITIVE PROGRAM,
CHAIRMAN SIEBERT SAID IN REGARD TO ANY ABUSES THAT MIGHT POSSIBLY
OCCUR, THERE IS.A REMEDY AS THE OWNER HAS THE RIGHT OF APPEAL.
COMMISSIONER MASSEY NOTED THAT IT COULD COST MONEY TO TAKE AN
APPEAL TO COURT.
DON ADAMS REPLIED THAT THE RIGHT OF APPEAL IS AFFORDED TO ANYONE
AS THEY CAN GO TO THE BOARD OF APPEALS. HE STATED THAT HE FELT THOSE WHO
DRAFTED THE CODE FORESAW THE POSSIBILITY OF SOMEONE BEING MISTREATED.
COMMISSIONER Loy POINTED OUT THAT IF WE ADOPTED THIS, WE WOULD
HAVE TO APPOINT A NEW GOVERNMENT BODY KNOWN AS THE HOUSING BOARD OF ADJUST-
MENTS AND APPEALS.
MR. ADAMS SAID HE HAD RECOMMENDED THIS AND RECOMMENDED THAT SOMEONE
BE APPOINTED TO THIS BOARD FROM THE MINORITY GROUPS.
COMMISSIONER LOY ASKED WHEN THIS CODE WAS UNDER CONSIDERATION BY
THE CITY OF VERO BEACH, WERE OBJECTIONS RAISED BY ANY GROUPS?
DON ADAMS REPLIED THAT SOME MEMBERS OF THE ECONOMIC OPPORTUNITIES
COUNCIL AT FIRST OBJECTED UNTIL HE EXPLAINED IT TO THEM MORE THOROUGHLY,
AND THEN THEY RETRACTED THEIR OBJECTIONS.
COMMISSIONER WODTKE ASKED WHETHER MR. ADAMS WAS PROPOSING THIS
CODE TO ASSIST HIM MORE IN REGARD TO THE STRUCTURES WE NOW HAVE OR THOSE
THAT WILL BE BUILT.
MR. ADAMS NOTED THAT THE BUILDING CODE PRESENTLY COVERS FUTURE
STRUCTURES. HE CONTINUED THAT HIS DEPARTMENT HAS COMPILED MUCH INFORMATION
ON SUBSTANDARD HOUSING, BUT DOES NOT HAVE THE MEANS TO DO ANYTHING ABOUT
IT. HE FELT THAT LIVING CONDITIONS IN INDIAN RIVER COUNTY WILL BE IMPROVED
WITH THE HOUSING CODE AND ONCE IT IS ADOPTED, HE WILL START TRYING TO
ADOPT METHODS TO ASSURE FULL COMPLIANCE WITH THE CODE OVER A PERIOD OF YEARS.1
A
20
MAR 10 197t
MAR 0 1976..
COMMISSIONER MASSEY STATED THAT HE COULD SEE, PARTICULARLY WITH
REGARD TO THE RENTAL FIELD, WHERE THE CODE COULD BE A BIG HELP.
MOTION WAS MADE BY COMMISSIONER SCHMUCKER TO ADOPT ALL OF THE
SOUTHERN STANDARD HOUSING CODE - 1973 EDITION, THROUGH SECTION 301; SEC-
TION 301.1 WHICH REQUIRES BASIC SANITARY FACILITIES; TO ELIMINATE REQUIRE-
MENTS FOR HOT WATER HEATERS, MINIMUM SIZE BATHROOMS, ETC.; AND TO ADOPT SEC- t
TION 303, ELECTRICAL SYSTEMS.
THE MOTION DIED FOR LACK OF A SECOND.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER MASSEY,
COMMISSIONER SCHMUCKER VOTED IN OPPOSITION, THE BOARD ADOPTED ORDINANCE
N0. 76-4 APPROVING THE ADOPTION OF THE SOUTHERN STANDARD HOUSING CODE -
R
1973 EDITION, AS PRESENTED TO THE BOARD EY DON ADAMS, DIRECTOR OF THE CITY -
COUNTY BUILDING DEPARTMENT.
a A _
ORDINANCE NO. 76_4
AN ORDINANCE ESTABLISHING MINIMUM STANDARDS
GOVERNING THE USE, OCCUPANCY AND MAINTENANCE
OF DWELLINGS, DWELLING UNITS AND ACCESSORY
STRUCTURES; ESTABLISHING MINIMUM STANDARDS
GOVERNING SUPPLIED UTILITIES AND FACILITIES, AND
OTHER PHYSICAL THINGS AND CONDITIONS ESSENTIAL
TO MAKE •DWELLINGS SAFE, SANITARY, AND FIT FOR
HUMAN HABITATION; ESTABLISHING MINIMUM STANDARDS
GOVERNING THE CONDITION AND MAINTENANCE OF DWEL-
LINGS AND ACCESSORY STRUCTURES; FIXING CERTAIN
RESPONSIBILITIES AND DUTIES OF OWNERS AND OCCUPANTS
OF DWELLINGS; CREATING A HOUSING BOARD OF ADJUST-
MENT AND APPEALS AND FIXING THE DUTIES AND RESPON-
SIBILITIES THEREOF; AUTHORTZING THE INSPECTION OF
DWELLINGS AND ACCESSORY STRUCTURES AND PROVIDING
FOR THE CONDEMNATION OF ALL BUILDINGS AND STRUCT-
URES DEEMED UNFIT FOR HUMAN HABITATION AND USE;
AND FIXING PENALTIES FOR VIOLATIONS.
WHEREAS, within the area of jurisdiction of Indian River County of
the State of Florida there are or may be dwellings, dwelling units and aces -
spry structures which are unfit for human habitation and use due to inade-
quate maintenance, obsolescence or abandonment, containing defects which
increase the hazards of fire, accident, or other calamities, and which by
reason of the lack of maintenance, inadequate ventilation, light and sanitary
facilities>or other conditions render such dwellings and accessory structures
unsafe, unsanitary and dangerous or detrimental to the health, safety, morals,
and general welfare of the community; and,
WHEREAS, experience and accepted national housing surveys have
clearly demonstrated that such conditions result in a large measure from
improper maintenance, inadequate sanitary facilities, overcrowded conditions
In residential occupancies, buildings and premises and from general neigh-
borhood neglect; and,
WHEREAS, it has now become common knowledge that these conditions
can be relieved, in a measure prevented and often eliminated through planned
4 ,
MAR 10197
and properly enforced minimum housing standards, resulting thereby in the
upgrading of living conditions and an overall enhancement of the general
health, safety and welfare of all residents and property owners of the com-
munity; and,
WHEREAS, the Southern Building Code Congress, a non-profit asso-
ciation, has developed and made available a set of minimum housing standards
which have been recognized as being acceptable as a model housing code, and
WHEREAS, Chapter 125, Section 01 of the General Statutes of the
State of Florida provides that such model codes may be adopted by reference;
NOW, THEREFORE BE IT ORDAINED, THAT THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA HERE-
BY ADOPTS THE SOUTHERN STANDARD HOUSING CODE 1973 EDITION
AS FOLLOWS:
Section 1. The Southern Standard Housing Code, being particularly
the 1973 edition thereof and the whole thereof, save and except such portions
as may hereinafter be amended, of which not less than three (3) copies have
been and are now filed in the office of the Clerk of the Circuit Court of Indian
River County and the same are hereby adopted and incorporated as fully as
If set forth at length herein, and from the date on which this ordinance shall
take effect, the provisions therein shall be controlling in the use, maintenance
and occupancy of all dwellings, dwelling units and/or structures within the
area of jurisdiction of Indian River County.
Section 2. Nothing in this ordinance or in the code hereby adopted
shall be construed to affect any suit or proceeding now pending in any court,
or any rights acquired or liability incurred, nor any cause or causes of action
accrued or existing, under any act or ordinance repealed hereby. Nor shall
any right or remedy of any character be lost, impaired or affected by this
ordinance.
-2-
too
E
MART
Section 3. The invalidity of any section or provision of this ordinance
or of the code hereby adopted shall not invalidate other sections or provisions
thereof.
Section 4. All ordinances or parts of •-)rdinances in force at the time
that this ordinance shall take effect and inconsistent herewith are hereby re-
pealed.
Section 5. This ordinance shall take effect on the 23rd day of
March , 1976.
BOARD OF COUNTY COMMISSIONERS
OF IN����„IV
6'CQI;NTY, YLOYkDA .
ATTEST: By
Willard W. Siebert, Jr., Ch irman
Ralp Hgfris, Clerk
. y:
8
ADMINISTRATOR .KENNINGS INFORMED THE BOARD IN REGARD TO THE BIDS
RECEIVED FOR A LAUNCHING RAMP /.;1D DOCK TO BE CONSTRUCTED SOUTH OF STATE
s
ROAD 510 ADJACENT TO THE WEST END OF WABASSO BRIDGE, HE RECOMMENDED THE
LOW BID IN THE AMOUNT OF $6,800,00 FROM HOMER CANADA BE ACCEPTED,
DISCUSSION FOLLOWED IN REGARD TO REQUESTING A PERFORMANCE BOND,
,
AND IT WAS AGREED TO REQUEST ONE,
a
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SCHMUCKER,�
THE BOARD UNANIMOUSLY ACCEPTED THE BID OF MR, HOMER CANADA FOR A LAUNCHING
RAMP AND DOCK TO BE CONSTRUCTED SOUTH OF STATE ROAD 510 ADJACENT TO THE WEST
END OF WABASSO BRIDGE, AS BEING THE LOWEST AND BEST BID MEETING SPECIFICA—
TIONS, IN THE AMOUNT OF $6,800,00,
AT THE REGULAR MEETING OF FEBRUARY 18, 1976, THE BOARD UNANIMOUSLY
AUTHORIZED THE ATTORNEY TO PREPARE A RESOLUTION AUTHORIZING THE COUNTY TO
EXPEND MONEY UP TO $17,000,00, WITH THE RAILROAD PAYING THE BALANCE, FOR
THE SIGNALIZATION OF VICKERS ROAD, RESOLUTION NO, 76-15 IS HEREBY MADE A
PART OF THE MINUTES,
25
A
01976 lk"1 . 1
MAR I 0 197
RESOLUTION NO. 76-15
WHEREAS, the Indian River County Board of County
Commissioners had previously, by motion, authorized its Chair-
person to execute a License Agreement with the Florida East
Coast Railway regarding the signalization of Vickers Road; and
WHEREAS, the Chairperson for the Board of County
Commissioners of Indian'River County executed an Agreement dated
November 26, 1975, with the stipulation from the Board of
County Commissioners that the County's participation in said
signalization would be limited to Seventeen Thousand Dollars
($17,000.00);
NOW, THEREFORE BE IT RESOLVED.BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the actions
of the Chairperson in entering into the November 26, 1975 Agree-
ment are hereby ratified upon request by the Florida East Coast
Railway Company.
This Resolution shall become effective as of the loth
day of March , 1976.
BOARD OF COUNTYY COMMISSIONERS OF
INDIAN RIVER 14 D U�i1TY, FLORIDA
By
illard W. Sidbert, Jr. man
.Attest: ���/',�a�
Rar1ph WArriit, Clerk
sc#
pppp ryee ♦ c
2541,132
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THE D.O.T. REQUIRES
THE BOARDS APPROVAL IN REGARD TO REMOVING AND REPLACING SOME EXISTING
BRIDGES ON STATE ROAD 60.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 76-14 INDICATING THEY HAVE NO
OBJECTION TO D.O.T.'S PROJECT.NO. 88060-2513 FOR REBUILDING BRIDGES NOS. 9,
10,11,12,13 AND 14, LOCATED ON STATE ROAD 60.
MAR 101976
i
e
27
i
�oa� . `� x.33
Rev. 11-75
COUNTY COMMISSIONERS RESOLUTION Section 88060-2513N0, 76-14
On motion of Commissioner Loy
seconded by Commissioner Schmucker , the following
resolution was adopted:
WHEREAS, the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
has authorized and requested Indian River County
to furnish the necessary rights of way, borrow pits and easements
for that portion of Section 88060-2513 from a point on the Hest
line of Section 6, Township 33 South, Range 36 Nast Southeasterly
and Easterly to a point in Section 1, Township 33 South, Range 36
East including Bridge Number 9, 10, 11, 12, 13 and 14.
which has been surveyed and located by the STATE OF FLORIDA DEPART-
MENT OF TRANSPORTATION as shown by a map on file in the Office of
the Officer designated by law as the recorder for said County, and
in the office of the said Department at Tallahassee, and
WHEREAS, the said Department will not begin construction
of said portion of said Section in said County until title to all
land necessary for said portion of said Section has been conveyed to
or vested in said State by said County, and said lands are physically
cleared of all occupants, tenants, fences, buildings, and/or other
structures and improvements upon or encroaching within the limits of
the land'.required for said portion of said Section; and
WHEREAS, the said County is financially unable at this
time to provide the necessary funds to acquire said rights of way,
borrow pits and easements; now therefore, be it
RESOLVED, that the STATE OF FLORIDA DEPARTMENT OF TRANS-
PORTATION be and it is hereby requested to pay for the rights of
way, borrow pits and easements for said road, including the removal
of buildings, fences and other structures and improvements thereon,
utility relocations and for other expenses of acquiring title to
said rights of way, borrow pits and easements by purchase or condem-
nation, from proceeds of State of Florida Department of General
Services bonds or secondary gasoline tax funds (Article XII, Section
9 (4), of Florida Constitution, and Section 335°041, Florida
P
Statutes, as amended), whichever is available, under conditions set
forth in the contract, of which this resolution forms a part;
and be it further
' I
MAR 101976
25 PA1, x:34
RESOLVED, that said County through its Board of County
Commissioners, comply with the request of said Department and pro-
cure, convey or vest in said State the free, clear and unencumbered
title to all lands necessary for said portion of said Section, and
deliver to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION said
lands physically clear of all occupants tenants, fences, buildings
and/or other structures and improvements situate upon or encroaching
within the limits of the lands required for said portion of said
Section and that the Chairman and the Clerk of the Board be and they
are hereby authorized and directed to execute and deliver on behalf
of said County to said Department the Contract in the form hereto
attached;
STATE OF FLORIDA )
COUNTY OF IPIDIAN RIVER
I HEREBY CERTIFY that the foregoing is a true and correct
copy of resolution passed by the Board of County Commissioners of
Indian River County, Florida, at a meeting held the
10thday of March A. D., 19 76., and recorded in
the Commissioners minutes.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal this 11th day of March , A. D. 19 76
(SEAL)
-2-
��i!k�/�J� 1f%iP✓G��.a/
Clerk of itie Bo-
4thof County
Commissioners
MAR
"'t uQ U.d .•Q.a 135
�n
P.
room 1To-as tITAYfOP►LORIOAO<PARTMRMTOIta)ANsroRT^TIdleC'tlon 60060-2513
a.ae RIGHT OF WAY RESOLUTION
- o t
WHEREAS, pursuant to due authorization, the State Highway Engineer has had a part of State
Road No. r" , in 7n ' i an River County located and surveyed
and has designated same as Section " 513 , and has prepared a Map of
Survey and Dation of that portion of said Section 2":06,-21J!3 f ron a Point on the
West liae of Section C, Tcxrnnhip 33 So;Ah, ganga 3C IttRt Southeasterly
ar-i". I -Asterly to a point in Section 1, Township 33 South, Range 36
East including bridge Number 9, 10, 11, 12, 13 and 14.
..NOW, THEREFORE, BE IT RESOLVED by the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION that it hereby approves the location and survey of said portion of said Section
as shown on said map and directs that a copy of said map, certified by the Director of Administration,
attested by the Executive Secretary, be filed in the Office of the Cleric of the Circuit Court of said
County; and
BE IT FURTHER RESOLVED that it is the judgment of the STATE OF FLORIDA DEPART-
MENT OF TRANSPORTATION that the construction of said portion of said Section is neressary,
practical and to the best interest of the State, and that it is necessary that the right of way for the,
roadbed and borrow pits for said portion of said Section be acquired in fee simple and a perpetual
easement shall he acquired for Drainage Ditches; and the Department is authorized to acquire the
same by gift, purchase or condemnation; and
BE IT FURTHER RESOLVED by the Department that said County be, and it is hereby requested
and authorized, to secure by gift, purchase or condemnation the lands necessary for the right of wav
for the roadbed for said portion of said Section as shown on the official right of way map of said
Section, together with any and all construction easements, borrow pits and easements for drainage
ditches that may hereafter be found 'and determined necessary in the construction and maintenance
of said portion of said Section, said land to be free of legal and physical encumbrances; and
BE IT FURTHER RESOLVED, that in the event the County agrees to secure the right of wayy
for the roadbed, ditches and borrow pits for said portion of said Section, that the Director of AT
ministration of the Department is hereby authorized to execute for- the Department the usual Hight
of Way Contract with the County.
DATED: - /J 1p
(SEAL)
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION ,(
I3Y: -�lJ {J� J
Secretary of Tranaportatioa
ATTEST: �
Eiee • Secretary
wlives�n.Pme�,ac:-'aaev.:..;r.. .. Nwa.% a'!w".�a4ati+P�or$: ,�. �ex:xa m�.�w►
MAR 101976;'_
oot 'a
rloR 101976
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO EXECUTE THE RIGHT-OF-WAY
CONTRACT FOR SEC. 88060-2513 AS REQUESTED BY THE D.D.T. IN THEIR LETTER OF
MARCH 1, 1976, RE BRIDGES ON STATE ROAD 60. {
8 Q}
� a A
t 7
•�T
Rev. 11.%- 7 5
RIGHT OF WAY CONTRACT Section 88060-2513
PROVIDING FOR USE OF SECONDARY GASOLINE TAX FUNDS
OR
STATE OF FLORIDA DEPARTMENT OF GENERAL SERVICES BOND FUNDS
THIS AGREEMENT made and entered into this IOth day of
March 1976 , by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter called the "Department, and the COUNTY OF I!T!3IA23 RIVER ,
a_Political Subdivision of the State -of Florida, hereinafter called
the "County",
W I T N E S S E T H
WHEREAS, the Legislature of Florida has designated and
established State Road No.' 60 , and the Department has located
and surveyed a part of said Road designated as 88060-2513 ,
and has prepared a Map of Survey and Location covering that portion
of said Section 86060-2513 from a point on the gest line of Section
6, Township 33 South, Ranee 36 East Southeasterly and Easterly to
Bridge Number 9, 10, 11, 12, 13 and 14.
in said County, as shown on a map, duly certified as provided by law,
on file in the office of the Department of Transportation, Tallahassee,
Florida, and on file in the Office of the Official designated by law
as the recorder for said County, and in the judgment of the Depart-
ment said location and survey have been found to be practicable,
necessary and to the best interest of the State, and
WHEREAS, the Department has requested and authorized said
County to secure by donation or purchase, if possible, the lands and
i property necessary for such right of way, borrow pits and drainage
easements for said portion of said Section, and such as may here-
. r
after be found necessary by the Department for said portion of said
a
Section, and °
.WHEREAS, the County is financially unable at this time to
provide the necessary funds from local sources to acquire the right
of way, borrow pits and drainage easements, and
WHEREAS, the Board of County Commissioners of said County,-
at a meeting duly Balled and held on the 10th day of March ,
A. D., 1976 , adopted a resolution, a copy of which is attached here-
MAR 101976
H
�o
25,G,ru, ,,
_77
•
to as Exhibit "A" and made a part hereof, signifying its agreement
i
to comply with the Department's said request, requesting the Depart-
ment to pay for acquiring said lands for right of way, borrow pits
and drainage easements from funds which have been or may be remitted
to the Department under provisions of Article XII, Section 9 (4), of
t
the Florida Constitution, and Section 335.041, Florida Statutes, as
amended, for -expenditure solely within the County, or from proceeds
of uhe State of Florida Department of General Services bonds issued
w_
!for the purpose of constructing this project, and.authorizing its
Chairman and its Clerk, on its behalf, to execute this Contract~
NOW, THEREFORE, for and in consideration of the premises
and of the mutual undertakings -hereinafter set forth, the parties
mutually covenant and agree.as follows:
1• The County shall forthwith furnish the Department with
' a title search made by a reliable Abstractor or Abstract Company
showing the present ownership and record description of each parcel
of land over which said right of way, borrow pits and/or easements
extend, together with all unsatisfied or outstanding recorded liens
or encumbrances, leases and tax deeds, tax liens and tax certificates,
or other interests, including possessive interests. Thereupon the
Department shall prepare and furnish to the County the descriptions
of said rights of way, borrow pits and/or easements to be acquired for
each of the several parcels of land, or interests therein as shown*
by said title search. The furnishing of said descriptions shall be
solely for the assistance of.the County and nothing in.this paragraph
shall be taken or construed as the Department's acceptance of the
yL title, or quality of the title, to the land or easements shown, and
t` • shall not release•or relieve the County of its agreement herein to
#
furnish the Department•free, clear and unencumbered title to the
land required for said right of way, borrow pits and easements, or
l °'+ from any of its covenants hereunder.
n
F 2. After the Department has furnished the County said descrip-
tion, the County shall proceed, out of the funds specified below,
i
to acquire either by donation or purchase the free, clear and unen-
= cumbered title to the land so required as aforesaid for said portion
,
-� �. ;..Pr• s,, r pJ'.•. 'y .. til - Am.. .i�'IY'. `rt•'!'id`H:. �`�'. .i•s�•.L•.i .5 . !... .. ' 6i; .i.. .'t_. •. ;• ta'... ..
iY
• e�'t;+Gz+l+.'exy: :!32'!--.....'"i'1i�.'1•.:a.::.:���:5�:.«e."�^��:u,LvJ$:.'i.l+: rtw`: ,rt•at•,-_..r•rr.:
{
MAR ?k�
of said Section by the Department for said rights of way, borrow
pits and easements, convey or vest the same to or in the State of
Florida for the use of the State of Florida pnpartment of Transpor-
tation, by good and sufficient deed or deeds, and deliver to the
Department said land physically clear of all occupants, tenants,
fences, 'buildings and/or other structurr.s and improvements situate
upon or encroaching within the.limits of the lands required for said
portion of said Section and shall have adjusted or'secure arrangements
for the adjustment of all sanitary and/or storm sewers, gas mains,
meter, water mains, fire hydrants, pipes, poles, wires, cables,
conduits, and other utilities and facilities situate or encroaching
upon said land. Any land to which the County has heretofore acquired
free, clear and unencumbered title, which maybe necessary for said
rights of way, borrow pits and/or easements, shall be conveyed by
the County to the State for the said use under the provisions of
this section.
Upon completion, the County shall make a certificate to
the Department stating for each parcel and instruments vesting the
free, clear and unencumbered title thereto in the State and certify-
ing the removal of all occupants, tenants, fences, buildings and/or
other structures and improvements and adjustment of all facilities
and certifying that the free, clear and unencumbered title thereto
is vested in the State and that all physical encumbrances are removed
and -that said rights of way'are ready for construction of said por-
tion of said Section.
3. In those instances where the County is unable to acquire,
f either by donation or purchase the lands and property necessary for
such right of way,.borrow pits and drainage easements for said por-
tion of said Section, and such as may hereafter be found necessary by
the.Department for said portion of said Section, the County shall'
notify the Department of the necessity for condemnation_ proceedings.
The Department shall then, at its sole option, either condemn the
lands or authorize the County to do so. In those cases where.the
Department authorizes the County to handle the condemnation proceed
Ings, the County shall make a certificate to the Department stating
-3-
MAR 10197
'25'AAil" 140
M
for each parcel condemned the instruments v,�:st.ing the free, clear and
unencumbered title thereto in the State and certifying the removal of
all occupants, tenants, fences, buildings and/or other structures and
improvements and adjustments of all facilities and certifying that the
fret, clear and unencumbered title thereto is vested in the State
and t! --az All physical encumbrances are removed and that said rights
of way are ready for construction of said portion of said Section.
4. Commencing with the date when the Department shall
begin construction operations on said portion of said Section, and
at all times thereafter for so long as said portion of said Section
shall continue to be a part of the State System of Roads the County,
solely at its own expense, shall save, defend and keep the State of
Florida, and the Department, its officers, employees and contractors
harmless from any and all damages, claims or injuries, actions at
law or suits in equity arising from or growing out of any defect or
alleged defect affecting the title or right of possession of the
State of Florida.for the use of said road, to any portions of the
lands, borrow pits and easements acquired by the County and required
by the Department for said portion of said Section as aforesaid, or
because of the lack of•title or right of possession thereto or by
reason of encumbrances thereon, or failure to have removed occupants,
tenants, fences, buildings and/or other structures and improvements
or made or caused to be made adjustments of utilities and facilities
thereon, and the County agrees to pay and discharge all lawful
claims, damages, judgments, -decrees and any other expenses arising
from or growing out of.such claims, injuries, actions or suits.
- 5. The Department agrees, at the direction of the County,
° by resolution attached hereto and made a part hereof, to pay for
items set forth in Paragraph 7 below, either from proceeds, of State
of Florida Department of General Services bands issued for the pur-
pose of construction this project, or from secondary gasoline tax
funds (Article XII, Section 9(4), of the Florid -a Constitution, and
Section -335.041i Florida Statutes, as amended). yar•L.
6. The County agrees that its acquisition of said rights
° e
of way, borrow pits and easements shall be conducted under supervision L
r. '. A�°i+'.gq..,.. y�. ....A. v�p. ...• mss.•... 'rix....... Y vI. �fkm.r....r °tn o•; •t;n� • ....�. °: r;. M'�R. y „.....rte.. .�.. ..,� ey w.wT-•.
. ..4A. id,i.L P.w ... 'i :ra°�L...:.-Ikr�d•.:e4....u+.� �s�.�w....�uiw�iw.o;�i.M1�.�a....ear:Aaw:.e:+u 4n Ars�'!M*��Y+:..w�9Yr •q'. ...t, 2i:,. ..-.—.,:a: -�u.
MAR 101976
� • , fid �� � �A t; f. �,� �,
.
.• is
of the°Department. Upon receipt of the necessary and proper infor-
mation from the County, the Department shall prepare requisitions
for payment out of said funds directly to the proper persons for the
items set forth in Paragraph 7.
7. The purchase or condemnation of the lands or interests
required for rights of way, borrow pits and/or drainage easements
for said portion o: said Section as aforesaid shall be paid for in
the following manner:
An appraisal shall be prepared of costs and damages
required for the acquisition of the lands and ease-
ments and the clearinq of the right of way of all
physical obstructions which shall be approved by
the Department.. After the appraisal is thus approved,
expenditures of said funds will be approved for the
following purposes and in the following amounts:
1. Payment of the price for the parcels of land or
easements arri�•ed at either by negotiation or
by awards in condemnation including relocation
assistance as applicable under Department policies
and regulations.
2. The costs of title search and other title infor-
mation up to such amount as may be approved by
the Department.
3. The costs of the appraisal up to_such amount as
may be approved by the Department, provided the
appraiser is approved by the Department before
he is employed.
4. The compensaticn to be paid to the County Attorney,
if applicable, handling the condemnation proceedings
shall be a reasonable fee, as determined by the
County Commissioners and approved by proper resolu-
tion, which shall, in all cases, be subject to
approval by the State of Florida Department of
Transportation.
S. Payment into the Registry of the Court of amount
set out in Order of Taking, if proceedings are.
instituted under Chapter 74,•Florida Statutes.
The County agrees not to stipulate for or agree
to expenditure of funds from this deposit without
approval of same by the Department, and further
agrees that money so deposited shall be used only
for the payment cf. 3wards of compensation to pro-
perty owners; and the County further agrees to
reimburse the Department for any money expended
from said .deposit for any other purpose.
IN WITNESS WHEREOF, the Department has caused this Agreement
.to be executed in quadruplicate by its Director of.Administration
and Executive Secretary, and its official seal to be affixed; and
sg- .
i e - • p, . .. a .. i
e
o
the County has caused it to be executed by its Chairman and its p
Clerk, and its official seal to be affixed, the day and year first
above written.
E
Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT OF
in the presence of: TRANSPORTATION
BY:
Director of Administration
• ATTEST: (SEAL)
As to the Department Executive Secretary
COUNTY OF INDIAN RIVER , FLORIDA
BY: ,
Chair an
P.
ATTEST :��--�,1� his ( SEAL) I
As to the County Clerk �•th oard of County
Commissioners
I
THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK
READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a No77tC
in the matter of PeemA.VE,Vr Mogua gorrrG-
suaa,Hs.o,y 17sr2,cr
in the Court, was pub-
lished in said newspaper in the issues of Fealat4 L f 22, I F7L.
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and thal 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.
Swom to and subscribed before me thisy of /976,
/ (Business Manager)
( lerk of thOdtircuit Court, Indian River County, Florida)
fSEAU
NOTICE
NOTICE IS HEREBY GIVEN
that the Board of County Com
missionersof Indian River County,
Florida, will hold a public hearing
on March 10, 1976, at 1:30 o'clock
P.M. at the Indian River County
Courthouse to consider the
adoption of an
Ordinance Amending County
Ordinance No. 71.3, Section 13
(a), by adding an entirely
amended Section 13 (a)
regarding the procedure prior
to a change of zoning to R-
1PM, Permanent Mobile
Home Subdivision District.
Board of County
Commissioners
of Indian River County
Florida
By: Willard W. Siebert Jr.
Chairman
Feb. 22, 1976.
ATTORNEY COLLINS EXPLAINED THAT UNDER THE OLD ORDINANCE BEFORE THE
BOARD COULD APPROVE REZONING, THE PLAT HAD TO BE RECORDED, AND YOU CANNOT
RECORD SOMETHING THAT IS NOT REZONED. THEREFORE, IT WAS AN UNWORKABLE
ORDINANCE.
CHAIRMAN SIEBERT NOTED THAT THE PROPOSED AMENDMENT TO ORDINANCE
No. 71-3 WILL REQUIRE A PRELIMINARY PLAT.
VAL BRENNAN, PLANNING DIRECTOR, STATED THAT HE WOULD LIKE PEOPLE
TO COMMIT THEMSELVES TO SOME KIND OF PLAN TO SHOW THE BOARD WHAT THEY INTEND
TO DO WITH THEIR PROPERTY.
q�4
MAR 10'1976 ��oa
MAR 10 197
DEAN LUETHJE OF BEINDORF & ASSOCIATES ASKED IF MR. BRENNAN MEANT
THAT A TENTATIVE PLAN WOULD BE SUBSTITUTED FOR A PRELIMINARY PLAT.
ATTORNEY COLLINS STATED THAT THE CONCEPT IS TO REQUIRE A TENTATIVE
PLAN AT THE TIME THE ZONING IS INITIATED.
MR. LUETHJE SUGGESTED THE WORDING CALL FOR A TENTATIVE PLAN FOR
THE ENTIRE PARCEL ON WHICH THEY ARE ASKING FOR A ZONING CHANGE.
DISCUSSION FOLLOWED IN REGARD TO WHETHER A "PLAN" OR "PLATO SHOULD
BE REQUIRED.
MR, LUETHJE POINTED OUT THAT IN REGARD TO THE PROPERTY HE WAS
REPRESENTING, THEIR PLAN SHOWS THE ENTIRE 60 ACRES THAT WILL EVENTUALLY BE
DEVELOPED, BUT THE PLAT SHOWS ONLY THE FIRST UNIT OF APPROXIMATELY ZO ACRES.
CHAIRMAN SIEBERT NOTED THAT THE ZONING COMMISSION MAY RECOMMEND
APPROVAL OF THE REZONING BASED UPON A PRELIMINARY PLAN, BUT ONCE THE ZONING
IS GRANTED, THEY STILL HAVE TO FILE A PLAT AND GO THROUGH THE SUBDIVISION
REVIEW PROCESS.
ATTORNEY COLLINS SUGGESTED CHANGING THE WORDING OF THE LAST PARA-
GRAPH OF THE PROPOSED ORDINANCE TO READ: "THE TONING COMMISSION MAY RECOMMEND
APPROVAL OF A MOBILE HOME SUBDIVISION ON THE BASIS OF A PRELIMINARY PLAN
THAT SHALL ACCOMPANY THE ZONING REQUEST."
OW MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY ADOPTED ORDINANCE N0. 76-5 AS REWORDED BY ATTORNEY
COLLINS,
p
6
�l
i
MAR 101976
INDIAN RIVER COUNTY ORDINANCE NO. 76-5
AN ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCE
71-3, SECTION 13, R-lPM PERMANENT MOBILE HOME SUB-
DIVISION DISTRICT, BY AMENDING SUB -PARAGRAPH (A) OF
SECTION 13
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that Indian River County Ordinance
71-3, Section 13, is hereby amended by adding a new sub-
paragraph "a" to said Section 13, which new Sub -paragraph "a'°
provides as follows:
SECTION 13 R -IPM PERMANENT MOBILE HOME SUBDIVISION DISTRICT
(a) Purpose The purpose of this district is to provide
an area wherein mobile homes can be located on a permanent
basis in a subdivision provided for that use. A permanent
mobile home subdivision shall contain not less that thirty-five
(35) contiguous acres.
The Zoning Commission may recommend approval of a Mobile
Home Subdivision on the basis of a preliminary plan that shall
accompany the zoning request.
This Ordinance shall take effect on March 10, 1976.
THE CHAIRMAN ANNOUNCED THAT THE NEXT ITEM ON THE AGENDA WAS THE
CONTINUATION OF A PUBLIC HEARING CARRIED OVER FROM THE MEETING OF FEBRUARY
18TH IN REGARD TO THE REZONING REQUESTED BY EDWARD KARR FOR BREEZY VILLAGE
MOBILE HOME PARK.
`' DEAN LUETHJE APPEARED REPRESENTING MR, KARR AND SAID HE HAD NOTHING
TO ADD TO THE PRESENTATION HE HAD MADE AT THE PREVIOUS MEETING.
CHAIRMAN SIEBERT ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE -
WERE NONE.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER MASSEY,-:T.HE
BOARD UNANIMOUSLY ADOPTED ORDINANCE N0. 76-7 AMENDING THE ZONING MAP TO
MAKE THE REZONING CHANGE TO R -IPM REQUESTED BY EDWARD T. KARR.
>:a
,41
MAR 101976 Boot- Q C147
ORDINANCE NO, °76-7
WHEREAS, the Zoning Commission of Indian River County, Flor-
ida, did, after public hearing, make its final report recommending
changes and additions to the Zoning Ordinance of Indian River
County, Florida; and
WHEREAS, this Board did publish its notice of said recommended
changes and_additions and did, pursuant thereto, hold a public hear-
ing in relation thereto at which parties in interest and citizens
were heard: Now, therefore,
BE IT ORDAINED by the Board of County Commissioners of Indian
River County, Florida, that the Zoning Ordinance of Indian River
County, Florida, and the accompanying Zoning Map, be amended as
follows:
1. That the Zoning Map be changed in order that the follow-
ing property owned by Edward T. Karr, Represented by Beindorf and
Associates, Inc., situated in Indian River County, Florida, to -wit:
TRACT 1
That portion lying West of the Florida East Coast Railroad
right of way of the North 1/2 of the SW 1/4 of the NE 1/4
and the South 1/2 of the SW 1/4 of'the NE 1/4 of Section
20, Township 31 -South, Range 39 -East, Indian River County,
Florida. LESS AND EXCEPT the following described parcel:
Beginning at the intersection of the North line of the SW 1/4
of the NE 1/4 of Section 20, Township 31 -South, Range 39 -
East, with the Westerly right of way line of the Florida
East Coast Railroad (said right of way being 50 feet Wester-
ly from the parallel to the centerline of the main track of
the Florida East Coast Railway) and from thence run South-
easterly along said Westerly right of way line of the Flor-
ida East Coast Railroad a distance of 400 feet; thence South-
westerly at right angles to the said Westerly right of way
line,°°150 feet; thence Northwesterly on a line 150 feet West-
erly of and parallel to said Westerly right of way line of
the Florida East Coast Railroad to a point on the North line
of the SW 1/4 of the NE 1/4 of Section 20; thence run East
along said North line to the Point of Beginning; AND
TRACT 2
South 1/2 of the SE 1/4 of the NW 1/4 of Section 20, Township
31 -South, Range 39 -East, Indian River County, Florida. AND
TRACT A
That portion lying East of the Florida East Coast Railroad
right of way of the SW 1/4 of the NE 1/4 of Section 20, Town-
ship 31 -South, Range 39 -East, Indian River County, Florida. AND
TRACT B
That portion of the North 1/2 of the SE 1/4 of the NE 1/4
lying West of U.S. Highway No. 1, excluding therefrom the
North 345 feet; in Section 20, Township 31 -South, Range 39 -
East, said land lying and being in Indian River County,
Florida.
LESS:
Excluding from the above Tract 1 and Tract A, the following;
The North 30 feet of the SW 1/4 of the NE 1/4 of Section 20.,
411
MAR 10 11976 ? ?, a: [ 148
I
VIAR 10 1976
Township 31 -South, Range 39 -East, less the Florida East Coast
Railroad property and right-of-way, all land being in Indian
River County, Florida.
Be changed from R -IMP Mobile Home Park District, and R-lTM
Transient Mobile Home District, to R-lPM Permanent Mobile
Home Subdivision District.
All within the meaning and intent and as set forth.and de-
scribed in said Zoning Regulation.
This Ordinance shall take effect on March 15, 1976.
�p
9
149
_ s
L. S. "TOMMY" THOMAS REPORTED THAT .JOE EARMAN REPRESENTING FLORIDA
INLAND NAVIGATIONAL DISTRICT HAD VISITED ADMINISTRATOR .JENNINGS AND SUG—
GESTED THAT THIS MIGHT BE AN OPPORTUNE TIME TO CONSIDER APPLYING FOR OWNER—
SHIP OR LEASES ON THE SPOIL ISLANDS. MR. THOMAS STATED THERE HAS BEEN
SOME CONCERN ABOUT EXPENSE, BUT HE FELT WE WOULD NOT HAVE TO SPEND ANY GREAT
T FF
AMOUNT OF MONEY FOR MAINTENANCE OR PATROL BECAUSE HE SHERIFF'S DEPARTMENT
AND MARINE PATROL WILL HELP, AND HE FELT THE STATE WOULD PROBABLY GO ALONG
FOR THREE OR FOUR YEARS BEFORE THEY WOULD REQUIRE ANY CAPITAL IMPROVEMENTS.
HE CONTINUED THAT A FEW DOCKS COULD BE BUILT WITH FUNDS FROM BOAT FEES
WHERE WE PUT IN THE DOCKS AND SOME SIGNS OR MARKERS PUT UP. MR. THOMAS
POINTED OUT THAT THREE OR FOUR,YEARS FROM NOW WE MIGHT NOT BE ABLE TO OBTAIN
THESE ISLANDS.
MR. THOMAS CONTINUED THAT .JOE EARMAN HAD.PROVIDED A BRIEF OUTLINE
OF A METHOD OF PROCEDURE AND STATED THAT WE STILL HAVE $1,500.00 ON HAND
TO FOLLOW THIS PROCEDURE.
CHAIRMAN SIEBERT ASKED MR. THOMAS TO SUPPLY THE BOARD WITH A MEMO
BASED ON RECOMMENDATIONS MADE BY MR. EARMAN.
MR. THOMAS EXPLAINED THAT F.I.N.D. WAS DONATED $1,000.00 (TWO $500
GRANTS) TO BE USED IN CONJUNCTION WITH THE BICENTENNIAL AND THEY WISH TO
TIE IT IN WITH SOME ACTION IN THE RIVER AS A THEME. THEY HAVE DECIDED TO
TIE A PROGRAM IN WITH THE RAMP AT WABASSO AND HAVE ANOTHER PROGRAM IN VERO
BEACH WHICH HAS NOT BEEN DECIDED ON YET. THEY ARE MAKING EVERY EFFORT TO
PROVIDE MORE SERVICES AND MAKE THE PUBLIC KNOW WHAT THEY ARE DOING. THEY
HAVE A CORPS OF ENGINEERS BRANCH WHICH IS PICKING UP OLD DERELICTS, PILINGS,
OR ANY HAZARD OR OBSTACLES FROM THE RIVER.
MR. THOMAS INFORMED THE BOARD THAT F.I.N.D. RECOMMENDS THAT BEFORE
WE GO TO TALLAHASSEE, AN ORDINANCE BE PASSED REZONING THE SPOIL ISLANDS TO
A PARK—TYPE ZONING, P-1 OR P-2.
_ DISCUSSION FOLLOWED IN REGARD TO CREATING A MARINE PARK DISTRICT,
AND CHAIRMAN SIEBERT STATED THAT HE BELIEVED SUCH AN ORDINANCE HAS ALREADY
BEEN PASSED ON BY THE ZONING BOARD.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE THE ORDINANCE
CREATING A MARINE PARK DISTRICT FOR PUBLIC HEARING.
44
25
MAR 10 1976 ,
®id
I
VAL BRENNAN INFORMED THE BOARD THAT HE HAD WRITTEN THE EXECUTIVE
DIRECTOR OF THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL DESIGNATING
REPRESENTATIVES FROM INDIAN RIVER COUNTY TO THE REGIONAL COUNCIL AND HE
NEEDED A MOTION TO MAKE IT OFFICIAL,
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY APPOINTED THE FOLLOWING PERSONS TO REPRESENT INDIAN
RIVER COUNTY ON THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL AS SET
OUT IN MR, BRENNAN'S LETTER OF MARCH 9, 1976,
SER H -S AL RING" t.
P"'LANNIENG COMMISSION
° VAL DRENNANI A.I.P.. PLANNING DIRECTOR
March 9, 1976 •
Mr. Cliff Guillet, Executive Director
East Central Florida Regional Planning Council
1011 Wymore Rd., Suite 105
Winter Park, Florida 32789
Re: Indian River County Representatives to the East Central
Florida Regional Planning Council and Project Review Committee.
Dear Cliff:
Please be advised that the following persons have been appointed as re-
presentatives of Indian River County to the Regional Council:
MEMBER OF REGIONAL COUNCIL
Commissioner ic4xv4 Schmucker 1821 14th Ave. 305/567-9360
P.O. " Rox 10
Vero Beach, FL 32960
Councilman Louis "Skip" Gray 858 .Gilbert St. 305/589-5537
Sebastian, FL 32953
REPRESENTATIVES TO THE PROJECT REVIE14 COMMITTEE
Councilman Patrick (Pat) Lyons 17 Sailfish Rd. 305/567-1335
Vero Beach, FL 32960
Val. E Brennan,.County Planning 2121 14th Ave. 305/567-5142
.lDirector Vero Beach, FL 32960
ALTERNATE.AT LARGE
Mayor Jay A. Smith 630 Eugenia. or
Vero Beach, FL 32960
Mr. Robert M. Berg, Assistant 2121 14th Ave. 305/567-5142
Planning Director Vero Beach, FL 32960
d
Mr. Gray was appointed by the County Commission on December 1.7, 1975. These -
appointments were confirmed by the County Commission at their regular meeting
on March 10, 1976.
Yours rul
VEB• b 45 Va �.' ren a lanning Director
.p 1036 20th STREET -- VERO DE0CH, FLORIDA 32960'
MAR 101976
y
VAL BRENNAN, COUNTY PLANNING DIRECTOR, INFORMED THE BOARD THAT HE
HAD RECEIVED A LETTER FROM THE EAST CENTRAL FLORIDA REGIONAL PLANNING
COUNCIL SOLICITING COMMENTS FROM PEOPLE IN THE COMMUNITY IN REGARD TO THE
PROPOSED SCHOOL SITE IN THE NORTH END OF THE COUNTY. HE STATED THAT THIS
ACTION IS TAKEN BY THE PROJECT REVIEW COMMITTEE AND FROM THERE IT GOES TO
THE FULL COUNCIL. AT THIS POINT, THEY MERELY WISH TO KNOW WHETHER YOU
APPROVE OR DISAPPROVE THIS PROJECT. LATER IT WILL GET INTO A MORE SUBSTAN'
TIVE REVIEW OF THINGS SUCH AS DRAINAGE, ACCESS ROADS, VEHICULAR TRAFFIC, ETC.,
AND HE WOULD ASSUME, IN THE MEANTIME, UNLESS INFORMED OTHERWISE, THAT ALL
THE COMMISSIONERS APPROVED THIS PROJECT. {
'1
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAD RECEIVED A
LETTER FROM ROY AND RAY HOGAN, COLA STREETMAN AND FELDER GUNTER, REQUESTING
THE COUNTY TO CONSTRUCT AND MAINTAIN A MARL SURFACE ROAD OUT TO WHERE THEY
ARE PUTTING IN NEW FARMS, HE EXPLAINED THIS IS ACTUALLY JUST A DIRT TRAIL
ON A CANAL BANK WITH A MINIMUM 30 FOOT RIGHT-OF-WAY AND IS A LITTLE LESS
THAN A MILE LONG. IT WOULD REQUIRE A BULLDOZER TO PUSH OUT SOME LARGE TREES
AND SOME GRADING AND THE HAULING IN OF MARL,
COMMISSIONER MASSEY INQUIRED IF IT WAS A PUBLIC ROAD.
ADMINISTRATOR JENNINGS STATED THAT IT IS SET ON THE RIGHT-OF-WAY
WHERE IT CAN BE A PUBLIC ROAD. THERE IS 60 FEET OF RIGHT-OF-WAY WITH THE
CANAL IN THE SOUTH 30 FEET, AND IT WOULD BE LEGAL TO BUILD A ROAD.ON THIS
30 FEET OF LAND. HE CONTINUED THAT THERE ARE, HOWEVER, NUMEROUS OTHER
ROADS LIKE THIS IN THE DRAINAGE DISTRICT, AND THIS IS A PROBLEM MORE AND
MORE AS GROWERS MOVE INTO NEW TERRITORY TO ESTABLISH NEW GROVES. THE ADMINI-
STRATOR POINTED OUT THAT MANY TIMES GROVE OWNERS HAVE BUILT THE ROADS THEM-
SELVES, AND THEN THE COUNTY WILL MAINTAIN THEM,
CHAIRMAN SIEBERT STATED THAT WE DON'T HAVE A POLICY OTHER THAN THE
ADMINISTRATOR HAS JUST OUTLINED, AND WE HAVE SO MANY OTHER PRIORITIES AT
THE PRESENT TIME I DON'T SEE HOW WE CAN RESPOND EVEN THOUGH WE MIGHT LIKE TO.
COMMISSIONER Loy SUGGESTED THAT IF THE PROPERTY OWNERS BUILD THIS
ROAD UP TO COUNTY SPECIFICATIONS FOR AGRICULTURAL ROADS, THE COUNTY WILL
ENDEAVOR TO MAINTAIN IT TO THE BEST OF OUR ABILITY.
CHAIRMAN SIEBERT AGREED.
46
MAR 01976
�� "25 +�:;{x:52
.E
DEWEY WALKER, ZONING DIRECTOR, APPEARED IN REGARD TO DELLA .JORDAN
REQUESTING AN EXCEPTION TO THE ZONING ORDINANCE AND INFORMED THE BOARD
THAT MRS. .JORDAN WISHES TO PUT A MOBILE HOME ON HER PROPERTY. THIS IS A
RESIDENT OR MOBILE HOME DISTRICT, AND THERE ARE OTHER TRAILERS IN THIS
LOCATION. HE ALSO STATED THAT 51ST COURT WHERE THE PROPERTY IS LOCATED IS
NOT A PUBLIC ROAD.
MRS. WHITESIDE APPEARED FOR MRS. JORDAN, WHO WAS UNABLE TO ATTEND,
AND STATED THAT MRS. .JORDAN HAS OWNED THIS PROPERTY SINCE 1950; THAT SHE HAD
SOLD TWO PIECES OF IT, BUT THAT WAS IN 1962 AND WAS DONE BY SEPARATE DEEDS.
COMMISSIONER LOY ASKED MRS. WHITESIDE IF MRS. .JORDAN UNDERSTOOD
THAT SHE WOULD NOT BE ABLE TO PUT MORE THAN ONE TRAILER ON THIS PROPERTY.
MRS. WHITESIDE SAID THAT MRS. .JORDAN DID UNDERSTAND THIS.
COMMISSIONER LOY EXPLAINED THAT THE EXCEPTION CAN ONLY BE GRANTED
FOR A SINGLE HOME AND ONLY BECAUSE MRS. .JORDAN HAS OWNED THE PROPERTY FOR
SO LONG.
COMMISSIONER SCHMUCKER POINTED OUT THAT WE WILL NEED AN EXACT
DESCRIPTION OF THE PROPERTY TO MAKE THIS EXCEPTION, AND MR. WALKER STATED
THAT MRS. JORDAN HAS A DEED SETTING THIS OUT.
ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY GRANTED A SPECIAL EXCEPTION TO ZONING ORDINANCE NOS.
71-3 AND 74-20 TO MRS. DELLA JORDAN EFFECTIVE UPON RECEIPT OF THE EXACT
LEGAL DESCRIPTION OF HER PROPERTY,
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT FRANK ZORC, EDWARD
ELLIOTT AND DONALD PROCTOR ARE REQUESTING A RELEASE OR REAR LOT LINE EASE-
MENTS BORDERING ON THEIR PROPERTIES IN SOUTH PINE GROVE DEVELOPMENT. THE
ADMINISTRATOR STATED THAT HE IS FAMILIAR WITH THIS PROPERTY; THAT HE DOES
NOT SEE ANY REAL PURPOSE THE EASEMENT SERVES AS THE UTILITIES COME IN ON
THE STREETS AND THE COUNTY HAS NOT DONE ANY CLEANING OF THE EASEMENT IN SOME
YEARS; AND THAT HE CAN SEE NO REAL OBJECTION TO ABANDONMENT OF THIS EASEMENT,
HE ALSO POINTED OUT THAT THE OWNERS HAVE AGREED TO HAVE THE RELEASE PREPARED
SUBJECT TO THE APPROVAL OF THE ATTORNEY TO THE BOARD.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER LOY,
THE BOARD UNANIMOUSLY APPROVED RESOLUTION N0. 76-17 ABANDONING REAR LOT
LINE EASEMENTS IN SOUTH PINE GROVE DEVELOPMENT AND AUTHORIZED THE CHAIRMAN
TO EXECUTE THE RELEASE OF EASEMENT, SUBJECT TO APPROVAL OF THE ATTORNEY TO
THE BOARD.
47
MAR 10197 eat �a,F 153
RESOLUTION NO. 76-17
WHEREAS, the Board of County Commissioners of Indian. River
County, Florida has been requested to release the rear lot line
easement described as being the South rear ten feet of Lots 21
through 24, inclusive, of SOUTH PINE GROVE DEVELOPMENT, 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 38; and
WHEREAS, said South rear ten feet easements were dedicated
on the plat of said SOUTH PINE GROVE DEVELOPMENT 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
rear lot line easements in SOUTH PINE GROVE DEVELOPMENT, a sub-
division, shall be released, abandoned and vacated as follows:
The South rear ten feet of Lots 21 through 24,
inclusive, of SOUTH PINE GROVE DEVELOPMENT, 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 38;
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 rear
lot line easements hereinabove referred to in form proper for
recording and placing in the Public Records of Indian River County,
Florida.
This 10th day of March, 1976.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA.
ZZ/z/'
By: ,
i" Cha rm
Attest:
Ralph Har s, Clerk of the Circuit Court
MAR 10 1976.
4
I
LAW OFFICES
VOCELLE,
GALLAGHER
BLOCK
F. o. sox 1900
VENO BEACH. FLORIDA
33960
MAR 101976
RELEASE OF EASEMENT
WHEREAS, the plat of SOUTH PINE GROVE DEVELOPMENT, a
subdivision in Indian River County, Florida, and not within the
territorial limits of any municipality therein, has been duly
approved and recorded in the Public Records of Indian River
County, Florida in Plat Book 6, at page 38; and
VMEREAS, there appears upon said plat an easement for
utility purposes being described as the South rear ten feet of
Lots 21 through 24 of said subd.�_vision according to the plat
thereof recorded as aforesaid; and
WHEREAS, written request has been made through the
County Administrator to the Board of County Commissioners of
Indian River County, Florida for the release and vacating of said
easement, the reason therefor being stated as the non-use of
said easement for any purpose whatsoever in that the utilities
for the lots have been permanently established on the front of
said lots and that said easement has not been used for any
purpose whatsoever,and there is no likelihood of any use to which
said easement may be put for the public benefit; and
WHEREAS, all of the owners of the above-described lots
who own all of the property on all sides of said easement have
requested that the same be released and vacated; and
WHEREAS, the Board of County Commissioners of Indian
River County, Florida, after due determination, has determined
that said easement has not been utilized for any purposes and
there is no public purpose to be served by its continued
existence;
NOW, THEREFORE, the Board of County Commissioners of
Indian River County, Florida does and by these presents hereby does
release, vacate and extinguish the easement described as being
the South rear ten feet of Lots 21 through 24, inclusive, of
SOUTH PINE GROVE DEVELOPMENT, in accordance with the plat of
said development recorded in Plat Book 6, page 38, Indian River
County, Florida Public Records.
,IN WITNESS WHEREOF, the Board of County Commissioners.of
Indian River County, Florida has authorized this release to be
• LAW OFFICES
VOCELLE,
GALLAGHER
BLOCK
F. 0. i0X 1900
VERO BEACH, FLORIDA
it 33960
MAR 10 1976
� yl
executed by its Chairman and attested by the Clerk, this
day of March, 1976.
Signed, sealed and delivered BOARD OF COUNTY COMMISSIONERS OF
in the presence of: INDIAN RIVER COUNTY, FLORIDA
2�2e By: /;�
Chai a�:
Attest:
Ralph Hdrr s 'Clerc
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the state and county aforesaid to take
acknowledgments, personally appeared
and RALPH HARRIS, well known to me to be the Chairman of the
Board of County Commissioners of Indian River County, Florida, and
the Clerk of said county respectively, and they severally
acknowledged executing the foregoing Release of Easement as
Chairman and Clerk pursuant to authority of said Board and on
its behalf.
WITNESS my hand and official seal in the county and state
last aforesaid this / 7 T,, day of March, 1976.
. n r
k..c�.
Notary Public, State -)of Florida at
Large. Qo-,
My commission expires: ) I
Cj
r
f
a
Prepared by:
James T. Vocelle
P. O. Box 1900, Vero Beach, Florida 32960
Y
0
d
ROW,
ADMINISTRATOR .JENNINGS NEXT INFORMED THE BOARD THAT HE HAD RECEIVED
A PETITION FROM PROPERTY OWNERS ALONG AND ADJACENT TO SOUTH WINTER BEACH
ROAD BETWEEN KINGS HIGHWAY AND U.S. 1 REQUESTING THAT THE ROAD BE RESURFACED
IN ORDER TO ABATE EXCESSIVE NOISE. COPY OF THIS PETITION HAS BEEN RECEIVED
AND PLACED ON FILE IN THE OFFICE OF THE CLERK.
THE ADMINISTRATOR SUGGESTED THAT THE BOARD CONSIDER LETTING HIM
WRITE THESE PEOPLE THAT IT CAN BE PUT ON THE PRIORITY LIST FOR FUTURE RE-
SURFACING WHEN THE FUNDS COME THROUGH AS HE FELT PUTTING A ONE -INCH WEARING
SURFACE ON IT WOULD REMOVE THE PROBLEM.
THE BOARD AGREED.
ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS, APPEARED BEFORE THE BOARD
AND INFORMED THEM THAT THE TRUCK WHICH THEY ARE USING TO TRANSPORT THE VOT-
ING MACHINES IS VERY QLD AND DILAPIDATED, AND SHE.IS CONCERNED THAT IT WILL
BREAK DOWN ENTIRELY IN THE NEAR FUTURE AND SHE MIGHT NOT BE ABLE TO DELIVER
THE MACHINES ON THE VOTING DAY. SHE CONTINUED THAT AN ENCLOSED TRUCK IS
NEEDED BECAUSE IF THE MACHINES GET WET, THEY MAY SHOCK THE VOTERS.
THE ADMINISTRATOR CONFIRMED MRS. RICHEY'S STATEMENTS, AND ADDED
THAT IF THE TRUCK BREAKS DOWN, THERE WOULD BE A REAL PROBLEM BECAUSE WE
CANNOT RENT A COVERED TRUCK THAT HAS THE CORRECT HEIGHT TO CARRY THESE
MACHINES. HE FELT WE DO NEED A STANDBY TRUCK AND NOTED IT TOOK FROM FRIDAY
TO MONDAY TO DELIVER THESE MACHINES. ALSO A HYDRAULIC TAIL LIFT IS NECES-
SARY TO LIFT THE MACHINES. HE CONTINUED THAT HE WOULD LIKE TO BUY A NEW
TRUCK, AND WE COULD BUILD A COVERED BODY THE RIGHT HEIGHT, WHICH COULD BE
MADE REMOVABLE,
CHAIRMAN SIEBERT ASKED IF WE HAVE THE MONEY FOR THIS.
THE ADMINISTRATOR REPLIED THAT WE DIDN'T, BUT HE DID NOT REALLY
KNOW WHAT THE COST WOULD BE AT THIS POINT.
CHAIRMAN SIEBERT ASKED ADMINISTRATOR JENNINGS TO INVESTIGATE THE
COST AND REPORT ON IT AT THE NEXT MEETING.
THE ADMINISTRATOR INFORMED THE BOARD THAT HE HAD RECEIVED A LETTER
FROM J. LEWIS GREENE, DIRECTOR OF PUBLIC WORKS, FOR THE CITY OF VERO BEACH,
REQUESTING USE OF A COUNTY DRAGLINE TO UNLOAD SEVERAL CARLOADS OF LIMEROCKi
THEIR DRAGLINE HAS BROKEN DOWN, AND THIS WILL DELAY THEIR WHOLE PROGRAM AT
THE CIVIC ARTS CENTER NEAR MEMORIAL ISLAND PARK. •�
51
MAR 10 19-76
..,:57
Il
MAR 10 1976
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY APPROVED THE USE OF A COUNTY DRAGLINE TO UNLOAD THE
CARLOADS OF LIMEROCK AS REQUESTED BY J. LEWIS GREENE, DIRECTOR OF PUBLIC
WORKS FOR THE CITY OF VERO BEACH.
ADMINISTRATOR JENNINGS NEXT DISCUSSED THE RECAPPING OF CITRUS ROAD
BETWEEN 43RD AVENUE AND RANGELINE ROAD, HE INFORMED THE BOARD THAT THIS
WAS ORIGINALLY DONE ON AN EXPERIMENTAL BASIS AND HAS WORKED OUT VERY WELL
ON THIS THREE-MILE STRETCH. IN ORDER TO PRESERVE THE ROAD, WE NEED TO PUT
ON ANOTHER INCH OF ASPHALT AS WE ARE SIX MONTHS OVER SCHEDULE TO KEEP THE
ROAD AS ORIGINALLY INTENDED. HE CONTINUED THAT WE ONLY HAVE MAINTENANCE
MONEY IN THE BUDGET, BUT THIS WILL BE MAINTENANCE AND WILL COST ABOUT
$50,000 OR BETTER.
THE ADMINISTRATOR STATED THAT HE FELT THIS LAYER WOULD LAST EVEN
LONGER THAN THE FIRST SINCE THE STUMP DUMP HAS BEEN CLOSED, WHICH ELIMINATES
A LOT OF HEAVY TRUCKS USING THE ROAD, AND FELT THE NEXT LAYER WOULD LAST
EVEN LONGER.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO PROCEED WITH THE RE-
CAPPING OF CITRUS ROAD BETWEEN 43RD AVENUE AND RANGELINE ROAD IF THE MONEY
IS AVAILABLE.
CHAIRMAN SIEBERT BROUGHT UP THE MATTER OF HOLDING A WORKSHOP MEET-
ING IN SEBASTIAN, AND ASKED THE COMMISSIONERS IF, AFTER CONSIDERATION, THEY
HAD ANY OBJECTION TO DOING THIS ON A ONE-TIME BASIS.
COMMISSIONER MASSEY STATED THAT IT HAS BEEN DONE IN THE PAST, BUT
NOT SUCCESSFULLY, AND HE PERSONALLY FELT COMMISSION MEETINGS SHOULD BE HELD
IN THE COMMISSION ROOM.
COMMISSIONER WODTKE NOTED THAT THIS IS JUST A WORKSHOP MEETING.
COMMISSIONER SCHMUCKER ASKED IF IT WOULD BE HELD IN THE EVENING.
CHAIRMAN SIEBERT REPLIED THAT IT PROBABLY WOULD, AND THE CITY
COUNCILMEN OF BOTH SEBASTIAN AND FELLSMERE WOULD ATTEND AND QUESTIONS
WOULD BE ALLOWED WITH A TIME LIMIT OR COULD BE SUBMITTED BY CARD.
COMMISSIONER Loy SUGGESTED THAT CHAIRMAN SIEBERT MIGHT WORK OUT
WITH THE MAYOR WHAT SUBJECTS THEY ARE PARTICULARLY INTERESTED IN SO THE
MEETING WOULDNIT STRETCH OUT TOO tl LONG, AND IT WOULD BE HELPFUL TO BE ABLE TO
PREPARE A LITTLE. SHE CONTINUED THAT SHE WOULD LIKE TO SEE US RESPOND TO
THIS REQUEST, PARTICULARLY IF SOME TYPE OF AGENDA COULD BE WORKED OUT.
52
;. ? °a_ : 158
MAR 101976
CHAIRMAN SIEBERT SUGGESTED POSSIBLY RESTRICTING THE DISCUSSION TO
THE COUNCILMEN AND THE COMMISSIONERS WITH THE PUBLIC ABLE TO ATTEND AND
OBSERVE.
AFTER FURTHER DISCUSSION, IT WAS GENERALLY AGREED THAT SUCH A WORK-
SHOP MEETING COULD BE WORKED OUT WITHIN THE NEXT MONTH OR SO.
.JAMES DEINDORF, CONSULTING ENGINEER, APPEARED TO PRESENT A REPORT
ON THE USE OF P.V.C. PIPE. HE INFORMED THE BOARD THAT HE HAD CONTACTED
OFFICIALS IN PALM BEACH COUNTY AND BREVARD COUNTY AND SPENT TIME WITH DR.
SMITH WHO COVERS MORE ON A STATEWIDE BASIS AND HAD RECEIVED GOOD REPORTS
FROM THOSE THREE SOURCES. PALM BEACH COUNTY HAS BEEN USING IT IN THEIR
SYSTEMS FOR FOUR YEARS AND HAS, HAD GOOD EXPERIENCESr HE NOTED THAT BREVARD
COUNTY HAS JUST GOTTEN INTO AN EXTENSIVE WATER EXPANSION PROGRAM, AND THEY
USE P.V.C. THEMSELVES AND ALLOW DEVELOPERS TO USE.I'T. THERE ARE SOME
RECOMMENDED LIMITATIONS, HOWEVER. IT IS NOT RECOMMENDED TO BE USED IN PIPE
OVER S" IN DIAMETER, WHICH SHOULD BE EITHER CAST IRON OR DUCTILE IRON, AND
THEY DO NOT ALLOW P.V.C. UNDER ROAD CROSSINGS. ALSO ALL JOINTS SHOULD BE
CAST IRON. THEY USE A CLASS 160 P.V.C., WHICH TESTS EXACTLY THE SAME AS
CAST IRON.
HE CONTINUED THAT THERE HAVE BEEN SOME DRAWBACKS. ST. LUCIE COUNTY,
FOR INSTANCE, DOES NOT ALLOW P.V.C. MAINLY BECAUSE YOU CAN'T LOCATE IT WITH
A METAL DETECTOR. HE STATED THAT IN THE PAST THERE HAD BEEN SOME PROBLEMS
WITH QUALITY CONTROL, BUT HE FELT THIS HAS BEEN CORRECTED.
MR. BEINDORF STATED THAT HIS RECOMMENDATION WOULD BE THAT P.V.C.
WOULD BE AN ALTERNATE THROUGH 8" IN DIAMETER, BUT ANYTHING OVER THAT SHOULD
BE EITHER CAST IRON OR DUCTILE IRON. HE ALSO RECOMMENDED THAT IT NOT BE
USED UNDER ROAD CROSSINGS AND THE JOINTS BE OF CAST IRON.
CHAIRMAN SIEBERT ASKED WHAT REGULATIONS WOULD WE HAVE TO REVISE
TO ALLOW THIS?
MR. BEINDORF ANSWERED THAT YOU REALLY DON `T HAVE A REGULATION.
THIS WAS MORE OF A MATTER TAKEN UP WITH THE UTILITY DEPARTMENT, AND SEVERAL
OF THE PROJECTS THAT CAME UP FOR REVIEW AND APPROVAL HAD TO USE CAST IRON
WHERE IT WAS GOING TO BE WITHIN A COUNTY RIGHT-OF-WAY. IN PRIVATE PROPERTY
THEY CAN GO BY THE MINIMUM REQUIREMENTS OF THE STATE.
53
Boot 159
I
ATTORNEY COLLINS SUGGESTED THAT THE UTILITY DEPARTMENT WRITE UP
SOME NEW SPECIFICATIONS INCORPORATING P.V.C. THAT THE BOARD CAN PASS ON AT
THE NEXT MEETING -
COMMISSIONER SCHMUCKER ASKED MR. BEINDORF IF HE INTENDED TO ELIMI-
NATE P.V.C. FITTINGS ALTOGETHER?
MR, BEINDORF STATED THAT CAST IRON FITTINGS SHOULD BE REQUIRED
ON MAIN LINES.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER MASSEY, THE
BOARD UNANIMOUSLY INSTRUCTED THE CONSULTING ENGINEER TO MEET WITH THE HEAD
OF THE UTILITY DEPARTMENT AND DRAW UP A SET OF SPECIFICATIONS RELATIVE TO
THE TYPE OF PIPE THAT MAY BE USED FOR UTILITY PURPOSES AND BRING IT TO THIS
BOARD FOR A POLICY DECISION.
CHAIRMAN SIEBERT INFORMED THE BOARD THAT.HE HAD DISCUSSED WITH
SHERIFF JOYCE THE FIRST ITEM ON THE FINANCE AGENDA IN REGARD TO CONCEALED
FIREARM PERMITS BEING ISSUED TO SECURITY GUARDS. THE ESSENCE OF THE PROBLEM
IS THAT A CLASS "G" LICENSE IS REQUIRED FOR WATCHMEN, GUARDS AND PATROL
AGENCY PERSONNEL, AND BY APPLYING FOR A LICENSE THROUGH THE BOARD, THEY
ARE CIRCUMVENTING STATE LAW WHICH REQUIRES THE CLASS G LICENSE.
a
ATTORNEY COLLINS NOTED THAT A CLASS ar G LICENSE HAS CERTAIN TRAIN-
ING REQUIREMENTS BEFORE THE LICENSE CAN BE ISSUED, AND BAD SITUATIONS HAVE
ARISEN WHERE UNTRAINED PERSONNEL HAVE BEEN EMPLOYED- HE STATED THAT SECURITY
GUARDS SHOULD NOT BE ISSUED TEMPORARY PERMITS UNDER THE AUTHORITY GIVEN
THIS BOARD. HE CONTINUED THAT HE FELT EVERYONE SHOULD BE REQUIRED TO BUY
A $100.00 BOND TO COVER THE TWO YEARS THE PERMITS ARE ISSUED FOR, ST. LUCIE
COUNTY IS REQUIRING SUCH A BOND, AND IT IS REQUIRED BY STATUTE,
COMMISSIONER Loy SUGGESTED WE IMMEDIATELY START FOLLOWING STATE
STATUTES AS FAR AS THE BOND GOES, AND NO LONGER ISSUE CONCEALED FIREAR
PERMITS TO SECURITY GUARDS.
THE BOARD AGREED.
ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER $CHMUCKER,
THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING APPLICATIONS FOR PERMITS TO
CARRY CONCEALED FIREARMS, SUBJECT TO APPLICANT SECURING THE $100.00 BOND AS
REQUIRED BY STATE STATUTE:
54
J
9
MAR 101-976 . Rom Z5
6
EDWARD W. MATTHEWS; FRANCIS EBERLE; ANNIE MAE WHITE;
MARVIN L. KING, JR.; THOMAS MARTIN FORTSON; WARREN HAROLD
ROSSWAY; HOWARD TUNLEY; DENNIS F. MCCLURE; STANLEY F.
LAWRENCE.
ON M01 -ION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING APPLICATIONS FOR RENEWAL PER-
MITS TO CARRY CONCEALED FIREARMS, SUBJECT TO APPLICANT SECURING THE $100.00
BOND AS REQUIRED BY STATE STATUTE:
RAUL VILLAVERDE; CLAYTON BRAXTON! CALIXTO GARCIA; GEORGE A,.
BECHTOLD; GERALD L. BECHTOLD; JORGE A. LATOUR; .JAMES T.
ALEXANDER; EDDIE HUDSON; OWEN B. GREGORY, ROBERT ENGBORG;
IRA F. GILLIATT.
IN FURTHER DISCUSSION, IT WAS AGREED THE.ATTORNEY SHOULD CONTACT
SHERIFF JOYCE AND ASK HIM TO ASCERTAIN THAT SECURITY PERSONNEL EMPLOYED
BY LOCAL SECURITY FIRMS DO HOLD VALID STATE PERMITS, AND IF NOT, TO TAKE
APPROPRIATE ACTION.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCHMUCKER,I
THE BOARD UNANIMOUSLY GRANTED RETROACTIVE APPROVAL OF TED MAYO FOR ADMIS-
SION TO THE A.G.HOLLEY STATE HOSPITAL.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY GRANTED RETRO -ACTIVE APPROVAL OF M. L. ROBITSON FOR
ADMISSION TO THE A.G.HOLLEY STATE HOSPITAL.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY APPROVED ISSUING DUPLICATE TAX SALE CERTIFICATES TO
THE FOLLOWING:
LBERT PETRILA - 15X SALE CE TIFIC TE N0. 959
LOCK MANOR, LOTS AND 14, LOCK
�VA STRAWTER - AXSALE CERTIFIC TE N0. 339
ILLCREST SUB. 14, LOTS 1 TO 6, LOCK 19
y.
REY W. NEVILLE - TAX SAE CERTI�ICAT N$. 19
ALL, CARTER AND .JAMES UBDV., OT 46, LOCK 1 .
RENRY ALBERT BOCK - TAX SALE CERTIIFICATE N0. 497
OCKRIDGE SUED. 8, LOT 9, BLOCK L
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCHMUCKERA'
THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLLS, CIRCUIT COURT,• FALL
TERM, 1975, INiTHE AMOUNTS OF $41.80 AND $117.92. 4
x
THE FOLLOWING REPORT WAS RECEIVED AND PLACED ON FILE IN THE OFFICE
OF THE CLERK: REPORT OF CONVICTIONS, CIRCUIT COURT, FEBRUARY, 1976. 5
MAR 10 1976
ATTORNEY COLLINS PRESENTED THE REVISED AMENDMENT TO THE MINING
ORDINANCE ON WHICH A PUBLIC HEARING WAS HELD AT THE FEBRUARY 18TH MEETING.
HE NOTED THE FOLLOWING REVISIONS:
(6-A) CONDITIONS OF A PERMIT - THE LAST SENTENCE HAS BEEN REVISED
TO READ, "ALL SLOPES AND BANKS SHALL BE SLOPED AT A RATIO OF 3:1, GRADED,
AND DRESSED UP."
(11) BOND - HAS BEEN REWRITTEN IN ACCORDANCE WITH SUGGESTIONS MADE
AT THE MEETING OF FEBRUARY 18TH.
DISCUSSION FOLLOWED ON (12) PERMIT REVOCATED AND (12-A) APPEALS AS
IT WAS FELT IT HAD BEEN AGREED TO GIVE THE ADMINISTRATOR THE RIGHT TO TEMPO-
RARILY SUSPEND PERMITS, BUT NOT TO REVOKE THEM,
CHAIRMAN SIEBERT STATED THAT IF THE ADMINISTRATOR JUST HAS THE
AUTHORITY TO SUSPEND AND THE COMMISSIONERS THE AUTHORITY TO REVOKE, HE DID
NOT FEEL THERE SHOULD BE AN APPEAL TO THE BOARD OF ADJUSTMENTS BECAUSE HE
BELIEVED IT WAS THE BOARDS PROBLEM.
COMMISSIONER Loy STATED SHE WAS CONCERNED ABOUT AUTHORIZING THE
ADMINISTRATOR TO DO CERTAIN THINGS AND NOT HAVING THE OPPORTUNITY TO BACK
HIM UP ON HIS DECISIONS.
ATTORNEY COLLINS SAID HE WILL RESTRUCTURE (12) SO THAT THE ADMINI-
STRATOR HAS THE RIGHT TO TEMPORARILY SUSPEND A PERMIT UNTIL A HEARING IS
HELD BEFORE THE COMMISSIONERS, AND THEY HAVE THE RIGHT OF REVOCATION.
(13) WILL BE ENTITLED ANNUAL PROGRESS REPORT.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 76-6 WITH THE CHANGES AS SET OUT
ABOVE.
56
{
,1 .
INDIAN RIVER COUNTY ORDINANCE NO. 76-6
AN ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCE
71-3, SECTION 25. GENERAL PROVISIONS, BY ADDING AN
ENTIRELY AMENDED SUB -PARAGRAPH (R) "MINING AND
EXCAVATION:"
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that Indian River County Ordinance
71-3, Section 25, is hereby amended by adding an entirely amended sub-
paragraph "(R)".
SECTION 25. GENERAL PROVISIONS
(R) Mining and Excavation
(1) Definition
For the purpose of this Ordinance, Sand Mining shall mean the digging,
stripping or removal by any process of natural materials or deposits from
their natural state and location, said materials and deposits to include rock,
stone, minerals, shell, sand, marl, muck, and soil, but not including sod.
Sand mining as used herein shall not include digging for foundations, fences,
drainage ditches, structures or incidental to construction work, wherein no
materials are removed from the premises, except surplus not required for
backfill or grading of the premises. Mining shall be further defined to include
oil and/or natural gas drilling or excavation.
(2) Intent
The process of hydraulic mining lends itself to an operation that need
have little effect or no adverse effect on ecological environmental or pollution
characteristics. The following is criteria to be considered in mining or ex-
cavation activities as defined under the Indian River County Ordinance 71-3.
(a) Sand mining, conducted in conformance with this Ordinance,
lends itself to virtually 10076 recirculation of water and does not contribute
to either air or water pollution. Sand mining need not have any adverse effect
on adjoining properties.
(b) Sand mining is a temporary use with no adverse long range
effect on the ultimate utilization of the land for normal purposes.
(c) Sand mining conducted in accordance with a predetermined
plan, lends itself to the enhancement of land values; to total reclamation of
the land; to signigicant contribution to water conservation and storage without
undue economic burden to the operator.
(d) Public policy of Indian River County shall be that sand mining
be conducted in a proper manner that will best contribute to long range public
benefit within the reasonable limits of economic feasibility as a normal cost of
doing business in the industry.
(e) Indian River County shall promote the maximum ultimate en-
vironmental, aesthetic and economic values that can } e produced at any given
site.
MAR 101976 -
3
(f) The promotion of increased water storage facilities, such
as lakes and connecting canals, that can be and logically are, created in
this process; the increased aesthetic quality of such lakes and waterways;
the increased development potential; and, the related increase in terms of
taxable value; or the increased potential for conservation and/or public rec-
reation areas, are clearly in the public interest and proper concerns for public
regulations.
(3) Permitted Uses
Mining and/or excavation involves relatively limited process of product
preparation. The following related activities shall be permitted:
(a) The clearing of land and stripping of overburden necessary to
reach the deposit.
(b) Excavation and/or extraction of the desired aggregate.
(c) Washing, grading and stock piling of materials.
(d) Diking, channel digging and drainage as necessary to store,
retain and circulate water and to interconnect mining pits.
(e) Related activities serving the above.
(4) Areas, Boundaries and Zoning Classification
These provisions shall apply to Sand Mining Operations, where ever
conducted, and shall be considered to be a permitted use in an Agricultural
zoning district.
(5) Permitting
All operators of an existing Sand Mining Operation shall, within 30 days
after the effective date of this amendment, file a Mining Site Plan. Any proposed
new Sand Mining Operations after such effective date, shall file a Mining Site
Plan prior to any work, for the approval of the Indian River County Zoning Com-
mission. .A permit shall not be issued for any site plan exceeding 20 acres.
(6-a) Conditions of a Permit
The land surface shall be restored to a condition which is in complete
compliance with the site plan for reclamation and rehabilitation of the area.
This shall be done concurrently with the mining operation of each calendar year.
Mining shall not be carried on within one hundred and fifty (150) feet of the pro-
jected Right -of -Way line of any existing or proposed public road nor within one
hundred and fifty (150) feet of the outer perimeter of the land area. Where a
mining operation consists only of the removal of a mound and does not consist
of lowering the elevation of ground below the neighboring property, an exception
to the 150 ft. outer perimeter set back may be permitted at the time of the site
plan approval. All slopes and banks shall be sloped at a ratio of 3:1, graded,
and dressed up.
(6-b)
Permanent boundary corners with intermediate stakes at minimum in-
tervals of 300 feet, and all limits of excavation shall be staked, marked and
maintainpd with visible flags in the field, in accordance with approved plans
for permit.
-2-
(7) Provisions for Continuing Operation
Nothing herein shall be construed as a requirement that an operator
of an existing sand mine shall cease operations until the required Mining Site
Plan has been approved, provided the said Mining Site Plan shall be submitted
within 30 days and the Zoning Commission finds the submitted plan to be ac-
ceptable.
(8) Review and Findings by the Indian River County
Zoning Commission
Upon submission of a Mining Site Plan to the Indian River County
Zoning Commission, the Zoning Commission shall within 30 days, notify the
operator at a meeting of the Zoning Commission, its findings with regard to
compliance with these regulations stating the said Commission's approval as
submitted; or, stating the Commission's disapproval and setting forth the
reasons, specifying the deficiencies that led to disapproval, and setting a reas-
onable time for correction of such deficiencies.
(9) The Indian River County Zoning Commission shall, upon approval
of the Mining Site Plan order issuance by the County Administrator of an Oper-
ating Permit to the owner of the land under his signature and such permit shall be
Issued, within ten (10) days after the determination of compliance by the Zoning
Commission.
(10) Filing Fees
(a) The owner shall be required to file a fee with the application in
an amount to be established by Resolution of the Board of County Commissioners.
(b) There shall be an annual renewal fee of twenty-five ($25.00)
dollars to be filed by the owner of said mining operation. The County shall in-
spect periodically, and at least once per year, the sand mining operation in
order to determine the said operation's conformance to the intent of this ordi-
nance.
(11)- Bond
The County Administrator after sufficient review and prior to forward-
ing the mining site plan to the County Zoning Commission shall establish the
amount of bond, which bond shall be conditioned upon compliance with the site
plan as approved. In the event of failure to comply with the site plan and this
ordinance, this shall result in forfeiture of the bond to the Board of County Com-
missioners of Indian River County, Florida. The bond shall be $1, 000. 00 per
acre, with a minimum of $5, 000. 00, not to exceed $10, 000.00. For the pur-
poses of the bond requirement, the owner or his agent shall divide the mining
operation into phases, not to exceed 20 acres each, which shall be shown on the
site plan. When one phase is completed and in conformance with the submitted
site plan, and in conformance with this Ordinance, the bond maybe transferred
to the next phase under the Site Plan. This process shall be continued through
the completion of each mining operation. Only one 20 acre phase shall be mined
at a time.
(12) Permit Revocated
Operating Permits as defined in (9) may be suspended by the County
Administrator in the event of the owner and/or operators non-compliance -with
-3-
fir
PM.
MAR 10 1976 eonsA,. 165
the approved Mining Site Plan upon due notification of reasons for the deter-
mination of non-compliance and provisions of reasonable opportunity for cor-
rection of deficiency. All mining operations shall stop during the period of
suspension.
(12-a) Appeals
Any person receiving written notice of suspension of the operating per-
mit from' the County Administrator may within fifteen (15) days following the
date of such notice enter an appeal in writing to the Board of County Commis-
sioners of Indian River County, Florida. Such appeal shall state the location
of the property, the date of the notice of violations, and the number of such
notice. The Board of County Commissioners after holding a hearing on this
appeal may continue the suspension, modify the suspension, revoke.the oper-
ating permit, or reverse the decision of the County Administrator.
No appeal filed later than fifteen (15) days after the date of such notice
shall be acted upon by the Board of County Commissioners, unless the County
Administrator shall consent thereto.
(12-b) Violations & Penalties
Any person, firm or corporation, or anyone acting in behalf thereof, who
shall violate or fail to comply with any of the provisions of this ordinance shall
be guilty of a misdemeanor punishable as provided by law. Each day after the
first seven days that a violation of this ordinance is continued or permitted to
exist without correction shall constitute a separate offense. The Board of County
Commissioners may enforce the provisions of this zoning ordinance by seeking
injunctive relief or any other remedies provided by law.
(13) Annual Progress Report
The operator holding a valid Operating Permit shall file, on or before
October 1, of each year, a written report, with the Zoning Commission, re-
viewing the reclamation progress for the preceding calendar year and identifying
lands expected to be mined and lands planned for reclamation during the current
year.
(14) 'Effect of Failure to File Annual Progress Report
Failure to file the required Annual Progress Report shall be grounds for
suspension of the Operating Permit, however, an extension of time for filing may
be granted by the Zoning Commission upon request and for reasonable cause.
(15) Applications for Permits
4
Applications for Permits shall be submitted in accordance with the pro-
visions established by Resolution of the Board of County Commissioners.
(16) The invalidity of any Section or provision of the Ordinance shall not
invalidate other Sections or provisions thereof.
(17) THIS ORDINANCE SHALL TAKE EFFECT ON ARCH 23, 1976
13
p J�
-4-
MAR
.
101976 166'
e
ATTORNEY COLLINS INFORMED THE BOARD THAT A PROBLEM HAS ARISEN
IN REGARD TO THE YOUTHFUL FIRST OFFENDER PRISON. THEY ARE CONSTRUCTING
THEIR ENTRANCE ROAD ON A RIGHT-OF-14AY BELONGING TO A DRAINAGE DISTRICT, AND
THE DRAINAGE DISTRICT HAS CURTAILED ALL WORK ON THE PROJECT. THE STATE, IN
ORDER TO RESOLVE THIS PROBLEM, IS ASKING THE COUNTY TO REQUEST AN EASEMENT
FROM THE DRAINAGE DISTRICT AND TO ACCEPT THE MAINTENANCE RESPONSIBILITY FOR
THE ACCESS ROAD. THE ATTORNEY STATED HE HAD DRAFTED A RESOLUTION MAKING
SUCH A REQUEST AND AGREEING TO MAINTAIN THE ROAD AFTER IT IS CONSTRUCTED.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY APPROVED RESOLUTION N0. 76-I6.
MAR 10 1976
e
RESOLUTION NO. 76-16
WHEREAS, the State of Florida is constructing a Youthful
First Offender Facility in Indian River County; and
WHEREAS, access to the Youthful First Offender Facility
is in part over land within the Indian River Farms Water
Management District; and
WHEREAS., the access road constructed for the Facilitj
shall be turned over to Indian River County for maintenance;
and
WHEREAS, Indian River County requests the Indian River
Farms Management District to grant an Easement to Indian
River County over property described as follows:
Beginning at the Southeast corner of Section 25,
Township 33 South, Range 38 East run North 890 31' 36"
West, 50.00 feet on the South boundary line of said
Section 25 to the TRUE POINT OF BEGINNING on the West
right-of-way line of the Indian River Farms Drainage
District as such right-of-way is indicated on the last
known plat of the Indian River Farms Company filed in
Plat Book 2, page 25 public records of St. Lucie County,
Florida (now Indian River County);
thence, run North 00 28' 24" East, 5324.17 feet on the
West boundary of said right-of-way to the North boundary
of said Section 25;
thence, run South 890 301 06" East, 15.20 feet on the
North line of Section 25;
thence, run South 0° 321 38" West, 5324.17 feet to the
South line of Section 25;
thence, run North 890 311 36" West, 8.65 feet to the
True Point of Beginning.
Said land containing 1.457 acres, and being situate
in the County of Indian River, State of Florida.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that upon
the Indian River Farms Water Management District granting
the Easement as requested herein, and the State of Florida
constructing the access road as per approved plans, that
DA i ' Q
11
MAR 101976
Indian River County will accept the maintenance responsibility
for said access road.
This Resolution shall become effective as of the
Loth day of March , 1976.
I
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
BY
Willard . S1 rt, Jr., larmian
Attest: , i�l'c��.
Ralph H ris�Clerk
A
25
,.1694
t
Fi
COMMISSIONER MASSEY SAID HE HAD NOTHING TO REPORT IN REGARD TO A
NEW VETERANS SERVICE OFFICER, EXCEPT THAT IT IS PROBABLY A LARGER JOB THAN
WE HAD ORIGINALLY THOUGHT, AND HE WONDERED IF ANYONE HAD CHECKED WITH MRS.
RYALL TO SEE IF SHE WILL CONTINUE HELPING OUT ON THE SAME BASIS AS SHE IS
MAR 101976
NOW.
CHAIRMAN SIEBERT DID NOT KNOW THAT ANYONE HAD, BUT FELT THIS SHOULD
BE DONE AS A MATTER OF COURTESY,
COMMISSIONER WODTKE REPORTED THAT OUR RESOLUTION IN REGARD TO THE
"911" PROGRAM HAD BEEN SENT TO TALLAHASSEE, AND HE HAD RECEIVED A LETTER
FROM LIEUT. GOVERNOR WILLIAMS DISCUSSING FINANCING THE COST OF IMPLEMENTATION
OF THIS SYSTEM IN 29 COUNTIES. HE STATED THAT HE HAD WRITTEN THE LIEUT.
GOVERNOR INQUIRING WHETHER INDIAN RIVER COUNTY IS INCLUDED IN THIS TWENTY-
NINE. HE NOTED THAT THE FINANCING DISCUSSED IN THE LETTER SEEMED TO INCLUDE
ONLY THE COST OF INSTALLATION AND A TRAINING PROGRAM AND PROVIDED NOTHING
FOR STAFFING, ETC,
COMMISSIONER WODTKE STATED THAT MR. LARSON IS REVIEWING THE APPLI-
CATIONS FOR THE POSITION OF CIVIL DEFENSE DIRECTOR WHICH WERE FORWARDED TO
HIM. HE WILL THEN SEND THEM ON TO TALLAHASSEE FOR APPROVAL, AND THEY WILL
BE SENT BACK TO US FOR OUR DECISION.
COMMISSIONER WODTKE NEXT REPORTED THAT THE MENTAL HEALTH BOARD HAS
ASKED HIM TO REPRESENT THE DISTRICT AT A MEETING IN TAMPA FRIDAY AND SATUR-
DAY OF THIS WEEK. THIS IS IN REGARD TO THE REORGANIZATION OF THE MENTAL
HEALTH PROGRAM AND COMBINING DISTRICTS 18 AND 20, WHICH WOULD PUT US IN THE
PALM BEACH DISTRICT. HE INFORMED THE BOARD OF VARIOUS RECOMMENDATIONS THAT
WILL BE BROUGHT UP AT THIS MEETING AND STATED HE WAS CONCERNED ABOUT THE
MANDATORY REQUIREMENT FOR FUNDING THESE PROGRAMS; ABOUT THE DISTRICT ADMINI-
STRATOR BEING APPOINTED BY TALLAHASSEE; AND ABOUT THE POSSIBILITY OF A
WEIGHTED VOTING SITUATION.
COMMISSIONER SCHMUCKER INFORMED THE BOARD THAT HE HAD RECEIVED
FORMS FROM THE PLANNING COUNCIL TO BE FILLED OUT WITH REGARD TO THE STATE
COMPREHENSIVE PLAN.
AFTER DISCUSSION, IT WAS AGREED THAT THESE FORMS SHOULD BE FILLED
6
OUT BY DOCTOR FLOOD.
COMMISSIONER SCHMUCKER BROUGHT UP THE PROBLEM OF COMMERCIAL FISHER-
MEN NETTING TOO CLOSE TO SHORE.
IN DISCUSSION IT WAS NOTED THAT BREVARD AND ST. LUCIE COUNTIES HAVE
ADOPTED ORDINANCES PREVENTING THIS, AND ATTORNEY COLLINS REQUESTED THAT A
COPY OF SUCH ORDINANCE BE OBTAINED FOR HIM TO REVIEW.
COMMISSIONER LOY ASKED IF ANY NOTIFICATION HAD BEEN RECEIVED IN
REGARD TO A PUBLIC HEARING ON THE NEW REGIONAL PLANNING DISTRICT TO BE HELD
IN WEST PALM BEACH ON THURSDAY, MARCH 18TH.
CHAIRMAN SIEBERT STATED THAT HF HAD RECEIVED A LETTER IN THIS REGARD
REQUESTING OUR SUPPORT.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER MASSEY, THE
BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO ATTEND THE PUBLIC HEARING IN
WEST PALM BEACH ON THURSDAY, MARCH 18TH, REPRESENTING THIS COMMISSION RELA-
TIVE TO THE FORMING OF A NEW PLANNING DISTRICT.
ADMINISTRATOR JENNINGS ASKED THE BOARD IF THEY WOULD APPROVE HIS �
SETTING UP VACATION SCHEDULES ON THE SAME POLICY AND PROCEDURE AS IN THE {
PAST.
THIS WAS AGREEABLE TO THE BOARD,
CHAIRMAN SIEBERT DISCUSSED WITH THE BOARD A MEMORANDUM RECEIVED
FROM ATTORNEY COLLINS IN REFERENCE TO THE SALARY OF THE COUNTY ATTORNEY.
THE CHAIRMAN ASKED IF ALL AGREED THAT WE SHOULD CONTINUE AT LEAST THROUGH
THE CURRENT FISCAL YEAR OPERATING WITH A PART-TIME ATTORNEY UNDER THE OUT-
LINES AS DESCRIBED IN ATTORNEY COLLIN`S MEMORANDUM DATED MARCH 3RD.
1
THE BOARD AGREED.
CHAIRMAN SIEBERT TOLD ATTORNEY COLLINS THE BOARD AGREED IN PRINCI-
PAL WITH THE PHILOSOPHY OF HIS MEMO, AND ASKED IF HE COULD PREPARE A LIST
OF THE EXTRACURRICULAR PROJECTS THAT MIGHT BE ANTICIPATED.
ATTORNEY COLLINS WILL DISCUSS THIS WITH THE CHAIRMAN.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT AN ADDENDUM IS NEEDEDH
TO THE CONTRACT WITH COAST TO COAST .JANITORIAL SERVICE TO INCLUDE CLEANING
SERVICES FOR THE PLANNING AND ZONING DEPARTMENTS, WHICH WOULD COST $155.45
PER MONTH.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, THE
BOARD UNANIMOUSLY APPROVED AN ADDENDUM TO THE CONTRACT WITH COAST TO COAST
4JANITORIAL SERVICE TO INCLUDE CLEANING SERVICES FOR THE PLANNING AND ZONING
DEPARTMENTS AT'THEIR NEW LOCATION AT A COST OF $155.45 PER MONTH.
65
MAR 10
1976
COMMISSIONER WODTKE SUGGESTED THAT THE ADMINISTRATOR CHECK ON
INSURANCE FOR THE PLANNING AND ZONING DEPARTMENTS AT THEIR NEW LOCATION.
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. 5108-5109;
ROAD AND BRIDGE FUND NOS. 2646-2647; FINE AND FORFEITURE 989-990; AND
TREASURY FUND NOS. 54959 - 51298 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING
ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO
0
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
I
CARRIED, THE BOARD ADJOURNED AT 4035 O'CLOCK P.M..
ATTEST:
zjv"�'7' 4,
CLERK//- CHAIRMAN 7277
r
f
25 A!i F
1i2
MAR .10 197