HomeMy WebLinkAbout5/5/1976WEDNESDAY, MAY 5, 1976
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA,
ON WEDNESDAY, MAY 5, 1976, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLARD W.
SIEBERT, JR., CHAIRMAN; WILLIAM C. WODTKE, JR., VICE-CHAIRMAN; ALMA LEE
Loy, EDWARD J. MASSEY, AND EDWIN S. SCHMUCKER. ALSO PRESENT WERE JACK G.
JENNINGS, COUNTY ADMINISTRATOR; 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 REVEREND L. S. GERBHARDT OF THE GRACE LUTHERAN CHURCH GAVE THE INVO-
CATION.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE SPECIAL MEETING OF APRIL 20, 1976.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEET-
ING OF APRIL 20, 1976, AS WRITTEN.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE REGULAR MEETING OF APRIL 21, 1976.
COMMISSIONER WODTKE REQUESTED THAT ON PAGE 11, SECOND PARAGRAPH,
4TH LINE, THE TYPOGRAPHICAL ERROR IN THE WORD "OEPRATION" BE CORRECTED.
COMMISSIONER WODTKE ASKED THAT ON PAGE -30, SECOND PARAGRAPH,
IT BE CORRECTED TO READ "CHAIRMAN SIEBERT AND COMMISSIONER WODTKE VOTED IN
FAVOR.'°
COMMISSIONER WODTKE REQUESTED THAT ON PAGE 33, SECOND PARA-
GRAPH, THE WORD °' APPOINTED " BE REPLACED WITH "RECOMMENDED."
COMMISSIONER SCHMUCKER REQUESTED THAT ON PAGE 40; THE SIXTH
PARAGRAPH BE CORRECTED TO READ "THE BOARD AGREED THAT SUCH A TRAFFIC STUDY
BE REQUESTED, re
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEET-
ING OF APRIL 21, 1976, AS WRITTEN.
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ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE,
THE BOARD UNANIMOUSLY APPROVED APPLICATIONS FOR .JONATHAN WASHINGTON AND
GEORGE A. WASHINGTON FOR PERMITS TO CARRY A CONCEALED FIREARM.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE,
THE BOARD UNANIMOUSLY APPROVED APPLICATIONS OF THE FOLLOWING FOR RENEWAL
PERMITS TO CARRY A CONCEALED FIREARM:
.JOHN RODDY MORRISON
DON L. SCHULTZ, M.D.
STANLEY BROXTON
ED G. WHITE
ANTHONY OLIVADOTI
ARTHUR M. HILL, JR,
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE,
THE BOARD UNANIMOUSLY APPROVED ISSUING DUPLICATE TAX SALE CERTIFICATES
NOS. 971 AND 975 TO R. C. BEUTTELL.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE,
THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR ROSEMARY RICHEY,
SUPERVISOR OF ELECTIONS, TO ATTEND A SEMINAR FOR SUPERVISOR OF ELECTIONS
CALLED BY THE SECRETARY OF STATE TO BE HELD IN TALLAHASSEE MAY 5, 1976.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE,
THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR .JUDITH A. WAKEFIELD,
EXTENSION HOME ECONOMICS AGENT, TO ATTEND THE FOLLOWING:
SAT., MAY S DELAND DISTRICT XII 4-H SENIOR DEMONSTRATION
COMPETITION
SAT., MAY 15 ORLANDO AREA 4-H HORSE SHOW
WED., EVENING,
MAY 19 COCOA DISTRICT XII 4-H COUNCIL MEETING
WED., MAY 26 FT. PIERCE RESEARCH REPORTING AND PLANNING MEETING AT
EXTENSION RESEARCH AND EDUCATION CENTER FOR
. AREA COUNTY DIRECTORS
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE,
THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLLS, CIRCUIT COURT,
SPRING TERM, 1976, AT THE AMOUNTS OF $55.24 AND $103.40.
THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE
OFFICE OF THE CLERK.
REPORT OF CONVICTIONS, COUNTY COURT, FOR THE MONTH OF MARCH, 1976
REPORT OF INSPECTION OF COUNTY AND MUNICIPAL DETENTION FACILITIES,
DATED APRIL 7, 1976,
MAY 5 197
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THE BOARD DISCUSSED THE FOLLOWING REPORT SUBMITTED BY L. S.
"TOMMY" THOMAS, COUNTY COORDINATOR, IN REGARD TO THE COMPREHENSIVE EMPLOY-
MENT AND TRAINING ACT.
FROM: L.S. "Tommy" Thomas, Intergovernmental Coordinator
SUBJECT: Comprehensive Employment and Training Act, Title II and Title VI
Appropriation
DATE: April 28, 1976
On April 15th, Congress passed a new appropriation for Title
II and VI for the next 15 months. The County Commission does not currently
employ anyone under these two programs. I have discussed this matter with
Mr. Jack Jennings and he believes that if there are other agencies and organ-
izations in the County who could use these funds, that it would be better
to place them accordingly.
The last time we had a substantial number of CETA employees, we
experienced a very high turn -over rate. In as much as most of.the County
employees require a certain amount of training, this was actually an ex-
pensive operation. Mr. Jennings has asked me to bring this matter to your
attention for any comments or considerations you may have. At this time we
-do not know the amount of money that will be made available to Indian River
County under these programs.
I think it is interesting to note that a recent tax study shows
that Florida pays $1.46 (the highest of the 50 States) for every grant dollar
they receive in return. It is not a very efficient financial operation fo'r
the State of Florida. I think it could indicate specifically that the
States with the largest metropolitan areas are the winners along with some
States who have had a continuing record of poverty. It could also indicate
thatthe State of Florida, as a whole, does not make a serious enough effort
to obtain their share of the funds.
VAL BRENNAN, PLANNING DIRECTOR, ASKED THE BOARD TO CONSIDER
HIRING TWO EMPLOYEES FOR THE PLANNING DEPARTMENT OUT OF CETA FUNDS,
HE NOTED THAT THE BOARD HAS APPROVED HIRING A PERSON TO WORK ON THE STREET
NUMBERING AND NAMING PROJECT, AND HE SUGGESTED HIRING SOMEONE TO START IN
JULY WHEN THE PROGRAM STARTS AS THE PROGRAM WILL BE FOR A YEAR'S DURATION.
1 HE CONTINUED THAT THEY ALSO NEED
SOMEONE FOR GENERAL OFFICE WORK THAT
HIS STAFF IS JUST NOT ABLE TO GET TO, SUCH AS THE COLORING OF ZONING MAPS.
A. M.
COUNTY COORDINATOR THOMAS ENTERED THE MEETING AT 8:50 O'CLOCK
CHAIRMAN SIEBERT ASKED WHAT CETA FUNDS WILL BE AVAILABLE.
MR. THOMAS STATED THAT TITLE I WILL GO TO THE COMMUNITY COLLEGE
FOR ABOUT $200,000-00, AND WE SHOULD KNOW THIS MONTH ABOUT TITLE II.
CONGRESS IS JUST ABOUT TO ACT ON TITLE VI. HE INFORMED THE BOARD THAT
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MAY 51976
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THE ROAD AND BRIDGE DEPARTMENT HAD FOUND IT VERY EXPENSIVE TO USE CETA
EMPLOYEES AS THE TURN -OVER WAS SO GREAT, AND HE AND THE ADMINISTRATOR WERE
REALLY ASKING PERMISSION TO ALLOCATE THESE FUNDS AS THEY BECOME AVAILABLE
TO OTHER AGENCIES. HE NOTED THAT THE REQUEST OF THE PLANNING DEPARTMENT
WOULD FIT UNDER TITLE II OR TITLE VI, WHICH IS MERELY AN EXTENSION OF
TITLE II.
AFTER FURTHER DISCUSSION, THE BOARD AGREED IT WOULD BE TO OUR
ADVANTAGE TO USE CETA FUNDS FOR SOMEONE TO WORK ON THE STREET NUMBERING
PROJECT, BUT FELT THIS SHOULD BE HELD IN ABEYANCE UNTIL IT IS DETERMINED
WHAT FUNDS ARE AVAILABLE.
JIM ODOM APPEARED TO DISCUSS HIS REQUEST FOR COUNTY PARTICIPA-
TION IN THE GRADING AND PAVING OF HICKORY LANE IN HICKORY SANDS SUBDIVISION
BETWEEN THE EAST LINE OF LOT 13 AND THE WEST BOUNDARY OF HICKORY SANDS
SUBDIVISION. THIS DISCUSSION WAS CONTINUED FROM THE MEETING OF MARCH 24,
29760
MR. ODOM STATED THAT HE HAD CONTACTED THE OTHER RESIDENTS OF
THE SUBDIVISION TO SEE IF THEY WISHED TO PARTICIPATE IN PAYING FOR THE
PAVING OF THE REMAINDER OF THE STREET OUT TO OLD DIXIE HIGHWAY, BUT THEY
WERE NOT INTERESTED IN DOING THIS. HE CONTINUED THAT HE WOULD PAY THE
COUNTY'S COST FOR THE SOIL CEMENT BASE AND ASPHALT MATERIALS IF THE COUNTY
WOULD DO THE WORK AND REQUESTED THAT THE CUL-DE-SAC AT THE END OF THE STREET
BE PAVED ALSO.
ADMINISTRATOR .JENNINGS STATED THAT HE WOULD RECOMMEND THE BOARD
GO ALONG WITH MR, ODOM`S PROPOSITION.
ATTORNEY COLLINS SUGGESTED THE BOARD CONSIDER REQUIRING SOME
KIND OF PREPAYMENT,
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE COUNTY PARTICIPATING WITH MR.
ODOM ON THE PAVING OF HICKORY LANE IN HICKORY SANDS SUBDIVISION BETWEEN THE
EAST LINES OF LOT 13 AND LOT 5 AND THE WEST BOUNDARY OF HICKORY SANDS SUB-
DIVISION, INCLUDING THE CUL-DE-SAC, WITH MR. ODOM PAYING THE COUNTY'S
COST FOR THE SOIL CEMENT BASE AND ASPHALT MATERIALS AND SIR. ODOM TO DEPOSIT
50% OF THE ESTIMATED COST IN ADVANCE,
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MR. ODOM AGREED TO THE TERMS OF THE MOTION AND ATTORNEY
COLLINS ASKED THAT THE MINUTES REFLECT HIS AGREEMENT.
THE BOARD NEXT DISCUSSED THE REQUEST OF BILL THOMPSON THAT
THE COUNTY CLOSE THE PORTION OF AMSERSAtMj BEACH PARK, LOTS 6 AND 7,
LYING WEST OF STATE ROAD A1A, THIS MATTER HAS BEEN DISCUSSED AT
SEVERAL PREVIOUS MEETINGS.
MR, THOMPSON APPEARED AND DESCRIBED THE MANY PROBLEMS HE HAS
HAD BECAUSE OF THIS PARK AND THE HARRASSMENT TO WHICH HE AND HIS FAMILY
HAVE BEEN SUBJECTED BY TRESPASSERS. HE STATED THAT THE MAIN OFFENDERS
ARE NOT LOCAL PEOPLE, BUT RESIDENTS OF DADE, BROWARD AND PALM BEACH
COUNTIES.
MR. THOMPSON INFORMED THE BOARD THAT HE HAS AGRESSIVELY PURSUED
THEIR ADVICE IN ASKING THE POLICE DEPARTMENT TO POLICE THE AREA; THAT HE
HAS SIGNED IN EXCESS OF 15 CHARGES AND ONLY BEEN ABLE TO GET ONE BEFORE
THE JUDGE; AND IN THAT INSTANCE THE PERSON WAS FINED AND THE FINE
SUSPENDED. HE, THEREFORE, CANNOT BELIEVE THIS POLICY WILL REMEDY THE
SITUATION.
COMMISSIONER MASSEY NOTED THAT IN REGARD TO THE CHARGE OF
TRESPASSING BROUGHT BEFORE THE JUDGE, HE WAS INFORMED THAT THE PEOPLE
WERE IN THE WATER AT THE TIME,
MR, THOMPSON STATED THAT THEY WERE USING HIS DOCK FOR FISHING,
AND.PRESENTED A SCRAPBOOK OF PHOTOGRAPHS OF THIS INCIDENT AND OTHERS,
COMMISSIONER WODTKE INQUIRED WHETHER ANY PROGRESS HAD BEEN
MADE IN REGARD TO THE LAND SWAP MR. THOMPSON HAD PREVIOUSLY SUGGESTED
WHEREBY ONE OF HIS NEIGHBORS TO THE NORTH WOULD POSSIBLY SWAP BEACHFRONT
PROPERTY ADJACENT TO THE PARK FOR THE RIVERFRONT PORTION OF THE PARK.
MR. THOMPSON STATED THAT HE WAS TRYING TO PURSUE THIS, BUT
NOTHING HAD DEVELOPED SO FAR.
COMMISSIONER LOY NOTED THAT MR. THOMPSON HAS SPENT A GREAT DEAL
OF TIME AND EFFORT OVER THE LAST YEAR PRESENTING DOCUMENTED INFORMATION
TO THE BOARD AND HAS DONE EVERYTHING THE BOARD HAS ADVISED. AND SHE
FELT THAT DUE TO THE LENGTH OF TIME THIS HARRASSMENT HAS BEEN GOING ON,
THE BOARD WOULD BE JUSTIFIED IN CLOSING THE RIVERFRONT SECTION OF THE
PARK TEMPORARIt1Y.
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ATTORNEY COLLINS STATED THAT THE PARK CAN BE CLOSED, BUT
UNLESS SOMETHING AFFIRMATIVE IS DONE, PEOPLE WILL STILL GO IN, AND
POINTED OUT THAT THERE IS A DIRT CAUSEWAY LEADING INTO THIS SECTION
OF THE PARK BY WHICH PEOPLE CAN GET ACCESS TO THE RIVER, HE FELT IF
THIS CAUSEWAY WERE SEPARATED, THAT MIGHT SOLVE THE PROBLEM AND PREVENT
PEOPLE FROM ENTERING THE RIVERFRONT SECTION OF THE PARK,
THE AwINISTRATOR INFORMED THE BOARD THAT THIS PARK HAD BEEN SO
SEVERELY VANDALIZED OVER THE YEARS THAT THE COUNTY HAS DISCONTINUED TRYING
TO MAINTAIN ANY FACILITIES THERE,
DISCUSSION FOLLOWED ON WHETHER. MR. THOMPSON HAD EVER PERFECTED
HIS WATER RIGHTS; WHETHER HE HAD A PERMIT FOR HIS DOCK; AND WHETHER IT
BLOCKED PEOPLE WADING IN THE RIVER,
MR. THOMPSON STATED THAT HE HAD NEVER PERFECTED HIS WATER
RIGHTS; BUT THAT THE DOCK WAS "GRAND -FATHERED" IN AND DID NOT BLOCK
ANYONE AS THEY COULD GO AROUND IT,
COMMISSIONER WODTKE MADE A MOTION, SECONDED BY COMMISSIONER
Loy, THAT THE BOARD CLOSE THE PORTION OF AMBERSAIm BEACH PARK, LYING
WEST OF STATE ROAD AIA, AND AUTHORIZE THE ADMINISTRATOR TO PROPERLY
POST THE AREA AND MAKE WHATEVER CUTS IN THE ENTRANCE ROAD ARE NECESSARY
TO MAKE IT IMPASSABLE,
COMMISSIONER MASSEY STATED HE WOULD OPPOSE THIS MOTION AS HE
DOES NOT FEEL IT IS THE BOARD'S PROVINCE TO DEAL WITH CIVIL MATTERS,
SUCH AS TRESPASSING, WHICH SHOULD BE DEALT WITH THROUGH THE COURTS.
COMMISSIONER SCHMUCKER AGREED WITH COMMISSIONER MASSEY IN
PRINCIPLE BUT SUGGESTED THAT IT MIGHT HELP SOLVE THINGS TO CLOSE THIS
SECTION OF THE PARK TEMPORARILY, POSSIBLY SIX MONTHS, AND THEN REVIEW
THE SITUATION,
MR. THOMPSON STATED THIS WOULD BE AGREEABLE TO HIM AS IT WOULD
GIVE HIM TIME TO WORK ON THE POSSIBILITY OF A LAND SWAP,
CHAIRMAN SIEBERT NOTED THAT THIS MATTER COULD BE PUT BACK ON
THE AGENDA IN SIX MONTHS' TIME AND STATED HE FELT MR. THOMPSON WAS EN-
TITLED TO SOME PROTECTION FROM THE FLAGRANT ABUSES THAT HAVE TAKEN PLACE,
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THE CHAIRMAN CALLED FOR THE QUESTION, COMMISSIONERS Loy,
SCHMUCKER, WODTKE AND CHAIRMAN SIEBERT VOTED IN FAVOR; COMMISSIONER
MASSEY VOTED IN OPPOSITION. THE MOTION CARRIED.
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MAY 5 197
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CHAIRMAN SIEBERT ASKED MRS. FORLANI, SECRETARY TO THE BOARD
OF COUNTY COMMISSIONERS, TO MAKE THIS MATTER AN AGENDA ITEM IN SIX MONTHS
AND REQUESTED COMMISSIONER MASSEY TO ASSIST MR. THOMPSON IN PURSUING THE
POSSIBLE ACQUISITION OR TRADE OF PROPERTY ON THE OCEAN FOR THIS RIVER—
FRONT PROPERTY.
ADMINISTRATOR JENNINGS DISCU-SED THE RELEASE OF SIDE LOT EASE-
MENTS BETWEEN LOTS 2 AND 3 IN HAMPTON WOODS SUBDIVISION REQUESTED BY
DR. HAROLD BROOKS, HE NOTED THAT HE HAS BEEN OVER THIS AREA AND HAS
NO OBJECTION. HE CONTINUED THAT IT IS AN UNUSUAL SITUATION BECAUSE THIS
SUBDIVISION HAS PRIVATE ROADS; BUT IT IS STATED ON THE DEDICATION THAT
THE COUNTY HAS THE RIGHT TO ASK FOR THEM. THE ADMINISTRATOR QUESTIONED
HOW YOU CAN RELEASE SOMETHING YOU DO NOT ACTUALLY OWN,
ATTORNEY COLLINS STATED THAT A RELEASE IS NEEDED BECAUSE THE
COUNTY HAS THE RIGHT TO ASK FOR THE ROADS.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 76-30 IN REGARD TO
RELEASING SIDE LOT EASEMENTS BETWEEN LOTS 2 AND 3 IN HAMPTON
WOODS SUBDIVISION, WHICH WILL BE MADE .'A PART OF THESE MINUTES WHEN
IT IS PREPARED, AND AUTHORIZED THE CHAIRMAN TO EXECUTE THE RELEASE OF
EASEMENT BEING PREPARED BY THE APPLICANT SUBJECT TO THE APPROVAL OF THE
ATTORNEY TO THE BOARD.
THE BOARD NEXT DISCUSSED A BILL BEING CONSIDERED BY THE
LEGISLATURE WHICH WOULD DIVEST THE BOARD OF COUNTY COMMISSIONERS OF
THEIR RESPONSSBILITY FOR ALL MATTERS RELATIVE TO AN ELECTION AND GIVE
. a
THEM TOTALLY TO THE SUPERVISORS OF ELECTIONS, AND CHAIRMAN SIEBERT
NOTED THAT ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS, HAS NO OBJECTION
TO THE PROPOSED LEGISLATION.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE,
THE BOARD UNANIMOUSLY AUTHORIZED CHAIRMAN SIEBERT TO WRITE A LETTER TO
REPRESENTATIVE JOHN -ADAMS CONFIRMING THE BOARD'S CONCURRENCE WITH THE
PROPOSED LEGISLATION RE ELECTIONS.
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VAL BRENNAN, PLANNING DIRECTOR, INFORMED THE BOARD THAT THE
STATE COMPREHENSIVE PLANNING ACT OF 1975 REQUIRES THE DESIGNATION OF
A LOCAL PLANNING AGENCY BY FORMAL ADOPTION OF AN ORDINANCE.
ATTORNEY COLLINS NOTED THAT THE BOARD MAY APPOINT AN EXISTING
AGENCY, APPOINT A NEW AGENCY OR APPOINT ITS OWN PLANNING DEPARTMENT..
IT IS JUST A DISCRETIONARY DECISION.
CHAIRMAN SIEBERT ASKED IF THE BOARD WOULD BE DELEGATING ANY
AUTHORITY.
ATTORNEY COLLINS STATED THAT THE PLANNING AGENCY WOULD NOT BE
AN INDERENDENT BOARD BUT IS SUBJECT TO THE APPROVAL OF THE BOARD OF COUNTY
COMMISSIONERS. HE INFORMED THE BOARD THAT HE HAS DRAFTED A TENTATIVE
ORDINANCE DESIGNATING THE INDIAN RIVER COUNTY ZONING COMMISSION AS THE
LOCAL PLANNING AGENCY AND THIS COULD BE ADVERTISED FOR PUBLIC HEARING
IF THE BOARD SO DESIRED.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE FOR
PUBLIC HEARING AN ORDINANCE DESIGNATING A LOCAL PLANNING AGENCY AS
REQUIRED BY THE STATE COMPREHENSIVE PLANNING ACT OF 1975.
VAL BRENNAN, COUNTY PLANNING DIRECTOR, PRESENTED THE BOARD
WITH A LIST OF THE COASTAL ZONE MANAGEMENT ADVISORY COMMITTEE MEMBERS,
AND ADVISED THAT ALL ON THE LIST HAVE BEEN CONTACTED AND HAVE AGREED TO
CONTINUE TO SERVE,
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY REDESIGNATED THOSE NAMED ON THE FOLLOWING
LIST TO SERVE AS MEMBERS OF THE COASTAL ZONE MANAGEMENT ADVISORY
# COMMITTEE WITH THANKS FOR THEIR WORK IN THE PAST AND FOR CONTINUING ON
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WITH THIS VERY IMPORTANT PROJECT.
MAY.,51976 �ooi 25 °4,1327
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COASTAL ZONE MANAGEI4EIlT ADVISORY COMMITTEE MEMBERS
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Richard Thomas - Commercial Fishing and Conservation
Rt. 1 - Easy Street '
Sebastian, FL 32958
589-5589
Jack Mitchell - Tourism and Hotel/Motel
340 Indian Harbor Rd.
Vero Beach, FL 32960
562-9071
Roy Hair - Conservation and Sport Fishing
1715 41st Ave.
Vero Beach, FL 32960
562-5046
J. A. "Coach" Thompson- Sceintific & Educational Interests
P.O. Box 514
Vero Beach, FL 32960
562-5377
Marvin Carter - Construction & Industry Development
1708 21st.
Vero Beach,.Fl 32960
562-4191
Paul Redstone - Industrial, Business & Commerce
P.O. Box 310
Vero Beach, FL 32960
562-1781
Hugh Russell - Citrus & Agriculture
P.O. Box 1236
Vero -Beach, FL 32960
562-4449
Commissioner Ed Schmucker - Local Elected Official
1821 14th Ave.
Vero Beach, FL 32960
567-9360
Marguerite Schlitt - General Public
P.O. Box 6007
Vero Beach-; FL 32960
567-1181
J. Pat Corrigan - General Public
1001 Flamevine
Vero Beach, FL 32960
567-7141
TAC COMMITTEE
Val. E. Brennan
J
Robert M. Berg
Marvin Carter
Jim Beindorf
Bob Boot],
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VAL BRENNAN INFORMED THE BOARD THAT HE WOULD LIKE PERMISSION
TO PAY ADLEY ASSOCIATES THREE WORKING DAYS FOR A DETAILED WORK SCHEDULE
FOR THIS YEAR`S COASTAL ZONE PROGRAM, HE STATED THE COASTAL ZONE
MANAGEMENT CITIZENS ADVISORY COMMITTEE FEELS THEY NEED THE ADDITIONAL
EXPERTISE. THE COST WILL BE $750.00, AND THIS MONEY IS SUPPOSED TO COME
OUT OF THE $5,200.00 FOR THE CONTRACT,
MR. BRENNAN NOTED THAT ADLEY ASSOCIATES SUGGESTS WE GO TO THE
EAST CENTRAL FLORIDA REGIONAL PLANNING AGENCY AND INFORM THEM THAT
THERE IS A NEED FOR $3,000.00 IN ADDITION TO THE $5,200.00 PROVIDED FOR
RY THE CONTRACT. IF WE DON'T GET THE EXTRA MONEY, THEN ADLEY ASSOCIATES
WILL MAKE ALLOWANCES AND DETAIL A WORK SCHEDULE FOR SOMETHING SHORT OF THE
FULL PROGRAM.
ON MOTION BY COMMISSIONER 14ODTKE, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY AUTHORIZED PAYING ADLEY ASSOCIATES A FEE NOT TO
EXCEED $750.00 FOR PERPARING A DETAILED WORK SCHEDULE FOR THIS YEAR'S
COASTAL ZONE PROGRAM.
CHIARMAN SIEBERT INFORMED THE BOARD THAT HE HAD RECEIVED A
TELEPHONE CALL FROM DON ADAMS, CITY -COUNTY BUILDING DIRECTOR, REQUESTING
PERMISSION TO APPEAR TODAY IN REGARD TO THE REMOVAL OF DILAPIDATED,
HAZARDOUS BUILDINGS.
AFTER SOME DISCUSSION, THE BOARD AGREED TO ASK MR. ADAMS TO
APPEAR AT 11:30 O'CLOCK A. M.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD LMANLMOUSLY AUTHORIZED ROBERT BERG, ASSISTANT
•4 PLANNING DIRECTOR, TO ATTEND THE ANNUAL PLANNING AND ZONING CONFERENCE
TO BE HELD MAY 26-29, 1976, IN TAMPA, FLORIDA.
SHERIFF JOYCE APPEARED AND INFORMED THE BOARD THAT THE FLORIDA
SHERIFFS ASSOCIATION IS STRONGLY OPPOSED TO FLORIDA LEGISLATURE SENATE
BILL 83, THEY ARE LOBBYING AGAINST IT AND WOULD APPRECIATE ANY
ASSISTANCE FROM THE BOARD.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE,
THE BOARD UNANIMOUSLY ADOPTED RESOLUTION NO. 76-28 OBJECTING TO FLORIDA
SENATE BILLS 83 AND 143.
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RESOLUTION NO. 76-28
WHEREAS, there is now pending before the regular 1976 session
of the Florida Legislature Senate Bill 83 providing for imprisonment
in the County Jail if the total accumulative sentences of the prisoner
do not exceed five (5) years; and
WHEREAS, there is now pending before said session of the Florida
Legislature Senate Bi]l No. 143 providing in part that the Boards
of County Commissioners are required to pay to the Florida Department
of Offender Rehabilitation for Work -Release Programs for prisoners
out of County Fine and Forfeiture Funds; and
WHEREAS, it appears that the enactment of said Bills, or either
of them, could create a substantial financial hardship upon the
County of Indian River and the taxpayers of Indian River County; and
WHEREAS, Section 922.051 of the Florida Statutes as it presently
exists authorizes the Court to impose a sentence of imprisonment
in the County Jail of the total of the accumulative sentences is
not more than one (1) year and the enactment of Senate Bill No. 83
will substantially increase the financial responsibility of the
several Counties in the operation and maintenance of County Jails;
and
WHEREAS, the Work -Release Programs for prisoners at the present
time are funded by the State of Florida and operated by the Florida
Department of Offender Rehabilitation and such a program is in
existence in Indian River County with permanent improvements and
other facilities for said program being constructed or obtained
through funds of the State of Florida, and said Senate Bill 143 could
require Indian River County to assume the cost of constructing,
obtaining or operating the facilities for the Work -Release Program
in Indian River County out of the Fine and Forefeiture Funds of
Indian River County to the financial detriment of Indian River
County; and
WHEREAS, it is expedient and to the best interests of Indian
River County and to the taxpayers of Indian River County to express
opposition to the enactment of said pending legislation.
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NOW, THEREORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that:
1. It is opposed to the enactment by the Legislature of the
State of Florida of Senate Bill No. 83 providing for imprisonment
in the County Jail if the total of the accumulative sentences of
the prisoner does not exceed five (5) years, and Senate Bill No. 143
requiring the Boards of County Commissioners to pay the Florida
Department of Offender Rehabilitatio_ for Work -Release Programs for
prisoners out of the Fine and Forfeiture Funds of the Counties.
2. The Boards of County Commissioners of Florida and all other
interested parties are encouraged to take whatever appropriate
action they may deem necessary to express opposition to the
enactment of said Bills pending before the regular 1976 session of
the Florida Legislature.
3. The Clerk of this Board of County Commissioners be and
he is hereby authorized to send a copy hereof to each member of the
Indian River County Delegation to the Florida Legislature and a copy
hereof to each of the several Boards of County Commissioners in
Florida.
This Resolution shall become effective as of the 5th day
of May, 1976.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER OU TY, FLORID
By '��'� C2lI'e e
Willard WJ Siebert, Jr., Ch an
Attest: ,s
Ralph -,'Harris, Clerk
MAY 51976
- 331.
ATTORNEY COLLINS DISCUSSED THE MATTER OF SURVEYING THE LAND
RECENTLY ACQUIRED IN THE TOWN OF INDIAN RIVER SHORES.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO EMPLOY LLOYD
& ASSOCIATES TO PREPARE A SURVEY, INCLUDING TOPOGRAPHY AND ELEVATIONS,
OF THE PROPERTY IN THE TOWN OF INDIAN RIVER SHORES RECENTLY PURCHASED BY
THE BOARD FOR PARK PURPOSES,
CHRISTOPHER EKONOMOU APPEARED IN REGARD TO CORRECTION OF A
DEDICATION PERTAINING TO SOUTH SIDE PARK SUBDIVISION.
ATTORNEY COLLINS SUMMARIZED THE PROBLEM, SOUTH SIDE PARK
SUBDIVISION IS ONE OF THE OLDER PLATS IN THE COUNTY AND HAS BEEN ON RECORD
FOR A CONSIDERABLE PERIOD OF TIME. IT IS LOCATED WEST OF 6TH AVENUE
AND EAST OF 7TH AVENUE. 6TH AND 7TH AVENUES ARE UNUSUAL IN THAT PROPERTY
OWNERSHIP GOES ALL THE WAY OUT TO THE MIDDLE OF THE ROAD AND THUS THE
ROADS ARE ACTUALLY PRIVATELY OWNED, WHEN THE PLAT WAS PUT ON RECORD IT WAS
INTENDED TO HAVE A 70' RIGHT-OF-WAY FOR ROAD PURPOSES. THE ENTIRE 70'
WAS PLATTED ALONG 7TH AVENUE AS PART OF THE SUBDIVISION SO THEY ACTUALLY
PLATTED 35' MORE ON THE WEST SIDE OF THE PROPERTY THAN THEY OWNED,
ATTORREY COLLINS NOTED THAT MARVIN CARTER OF CARTER ASSOCIATES, INC., HAS
WRITTEN A LETTER ACKNOWLEDGING THAT THE DEDICATION IS IMPROPER.
ATTORNEY COLLINS CONTINUED THAT THE COUNTY CAN COOPERATE AND
TRY TO RECTIFY THE PROBLEM, BUT THEY ACTUALLY DO NOT HAVE ANY RESPONSI-
BILITY AS IT IS A PRIVATE PROBLEM. HE STAVED THAT HE WOULD RECOMMEND FIRST
THAT ALL THE 35' ON THE WESTERN PORTION OF THE PLAT BE VACATED; THEN HE
WOULD ADVISE MR. EKONOMOU TO OBTAIN QUIT CLAIM DEEDS FROM ALL THE PROPERTY
OWNERS IN THE SUBDIVISVON TO THEIR INTEREST IN THE 35'; ALSO, WHEN YOU
VACATE PROPERTY, THE OWNERS ON EACH SIDE OWN HALF OF IT AND THESE ABUTTING
OWNERS MAY HAVE TO RELEASE THEIR PORTION EVEN THOUGH THEY DON'T HAVE ANY
INTEREST.
THE ADMINISTRATOR INFORMED THE BOARD THAT THE ROAD THAT JSTNOW IN
EXISTENCE AND MAINTAINED BY THE COUNTY IS ON THE EAST 1/2 OF 7TH AVENUE.
IT WAS NEVER BUILT ON THE FULL 70' RIGHT-OF-WAY,
13
m,
Y 51-97 ear 25 -*-3-32 �.
f�
COMMISSIONER SCHMUCKER NOTED THAT MR. EK0140MOU INTENDS TO BUILD
IN THIS AREA AND HAS BROUGHT PLANS TO HIS OFFICE. HE STATED HE, THEREFORE,
HAS A CONFLICT OF INTEREST AND WILL ABATAIN FROM VOTING. COMMISSIONER
SCHMUCKER FILED THE FOLLOWING AFFIDAVIT WITH THE CLERK OF THE CIRCUIT
COURT AND LEFT THE MEETING.
AFFIDAVIT
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me, the undersigned authority, personally appeared
Edwin S. Schmucker, of 610 Wall Street, Vero Beach, Florida, who says:
1. This affidavit is given pursuant to Florida Statues Chapter 112.313
which provides standards of conduct for officers and employees of state
agencies, counties, cities and other political subdivision, legislators and
legislative employees.
2. That I am a duly elected,County Commissioner of Indian River Counter,
Florida, and that in addition to rq duties as County Commissioner, I am a
licensed professional engineer in Florida and engage in private practice as
a consulting engineer.
3. That I am the president of TOTAL DEVELOPMENT, INC., a Florida
Corporation in good standing which corporation has associated with reviewing
the plans for this proposed building project. Christopher Ekonomou is applying
for an abandonment of 35' of right of way on 7th Avenue as related to South
Side Subdivision as recorded in Plat Book 3, Page 36, Indian River County.
4. The decision for this abandonment will be referred to the Board
of County Commissioners for final action on said abandonment at which time
the affiant proposes to abstain from voting because of the above conflict of
interest.
Sworn to and subscribed before me this day of , 1976.
EDWIN S. SCBMUCKER NOTARY PUBLIC, S of FLORIDA at LARGE
My commission expires:
Notary Public, State of Florida at largo
My Commission Expires August 15,.,1978
riAY 1976
25
�G
a r
MR. EKONOMOU STATED THAT ALL HE ACTUALLY WANTS IS A QUIT
CLAIM DEED TO THE PROPERTY IN QUESTION AS HE OWNS IT.
ATTORNEY COLLINS STATED THAT THE BOARD CAN GIVE HIM A QUIT
CLAIM DEED GIVING UP WHATEVER RIGHT THEY HAVE IN THE PROPERTY, BUT HE
DOES NOT FEEL THIS WILL ACTUALLY SOLVE THE PROBELM FOR SIR. EKONOMOU
AND WOULD RECOMMEND THAT MR. EKONOMOU TAKE THE MATTER TO HIS OWN ATTORNEY,
MR. EKONOMOU STATED THAT IF THE BOARD WOULD GIVE HIM THE QUIT
CLAIM DEED, HE COULD THEN GET A BUILDING PERMIT.
DISCUSSION FOLLOWED ON HOW TO SOLVE THE PROBLEM, AND COMMISSIONER.
MASSEY NOTED THAT JUST ISSUING A QUIT CLAIM DEED WILL NOT SETTLE ANYTHING
BECAUSE TITLE TO THE PROPERTY WILL STILL BE CLOUDED.
MR. EKONOMOU INFORMED THE BOARD THAT THE TITLE COMPANY WILL IN-
SURE HIS PROPERTY IF THEY GET THE QUIT CLAIM DEED,
COMMISSIONER Loy BROUGHT UP THE MATTER OF BACK TAXES DUE ON
THIS PROPERTY, AND MR, EKONOMOU STATED HE WOULD PAY THEM,
COMMISSIONER WODTKE MADE A MOTION, SECONDED BY COMMISSIONER
MASSEY, THAT THE COUNTY VACATE THE PROPERTY DESCRIBED AS: THAT PORTION
OF THE WEST 35 FEET OF 7TH AVENUE, ACCORDING TO THE PLAT OF SOUTH -SIDE
PARK, RECORDED IN PLAT BOOK 3, PAGE 96, PUBLIC RECORDS OF INDIAN RIVER
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 662.60 FEET
WEST OF THE SOUTHEAST CORNER OF LOT 6, VERO LAND COMPANY SUBDIVISION,
PLAT BOOK 3, PAGE 19, PUBLIC RECORDS OF ST. LUCIE COUNTY(NOW INDim RIVER
COUNTY) FLORIDA; THENCE RUN SOUTH 890 44' 00" WEST 35 FEET; THENCE RUN
NORTH 09 06' OO"eWEST 144.88 FEET; THENCE RUN EAST PARALLEL TO THE SOUTH
LINE A DISTANCE OF 35 FEET TO A POINT WHICH IS 144.88 FEET NORTH OF THE
POINT OF BEGINNING; THENCE RUN SOUTH 00 06' 00" EAST, 144.88 FEET TO THE
POINT OF BEGINNING.
THE BOARD POINTED OUT TO MR.EKONOMOU THAT IT IS HIS RESPON—
SIBILITY TO ADVERTISE FOR THE PUBLIC HEARING AND HAVE THE LEGAL NOTICE
PREPARED AND THEN CHECKED BY THE ADMINISTRATOR WHO WILL AUTHOROZE PLACING
IT IN THE NEWSPAPER,
16
MAY. '
_ Y
i
7
THE CHAIRMAN CALLED FOR THE QUESTION, THE BOARD VOTED IN
FAVOR, COMMISSIONER SCHMUCKER ABSTAINING, AND THE MOTION CARRIED.
COMMISSIONER SCHMUCKER RETURNED TO THE MEETING.
CHAIRMAN SIEBERT ANNOUNCED THAT THE NEXT PUBLIC HEARING ON THE
COMMUNITY DEVELOPMENT BLOCK GRANT APP!.ICATION WILL BE HELD AT 5:01 O'CLOCK
P. M. MAY 19, 1976,
COMMISSIONER SCHMUCKER PRESENTED A PRIORITY LIST OF ITEMS PLANNED
TO BE COMPLETED UNDER THE COMMUNITY DEVELOPMENT PROGRAM BEFORE .JULY 1ST.
HE STATED THAT THE FIRST THREE PROJECTS ARE ALREADY ON AN APPROVED LIST
AND THE REMAINING ITEMS ARE EXTENSIONS TO THE PROGRAM THAT WERE APPROVED
BY THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE AT A MEETING HELD
MONDAY NIGHT, MAY 3RD. THE LIST IS AS FOLLOWS:
1. Completion of sidewalks along North Gifford Road.
2. Complete paved road from Broxton Road to the Wabasso Park.
3. Complete marl road between Broxton and Deerfield Roads.
4. If time permits, construct marl road on 62nd Avenue south
of the Wabasso Road to Masonic Lodge.
The following four roads are to be paved in the order
hereafter set forth and are to receive top priority over any
marl road construction:
A. 38th Avenue between South and North Gifford Roads -
approximately'k mile.
i B. 43rd Street between 35th Avenue and 38th Avenue - approxi-
mately 660 feet.
C. 30th Avenue from North Gifford Road to 47th Street -
approximately k mile.
•D. 47th Street from 30th Avenue,'East to 28th Court -
approximately 600 feet.
o
20
- l
Y 5 197 ;
MAY
R
MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY
COMMISSIONER MASSEY, TO APPROVE THE FOREGOING LIST FOR ADDITIONAL ROAD
DEVELOPMENT UNDER THE COMMUNITY DEVELOPMENT PROGRAM.
DISCUSSION FOLLOWED, AND COMMISSIONER Loy STATED SHE FELT THE
ROAD AND BRIDGE DEPARTMENT SHOULD BE CONGRATULATED FOR THE WORK *NEY
HAVE DONE.
THE CHAIRMAN CALLED FOR THE QUESTION, AND THE BOARD VOTED
UNANIMOUSLY IN FAVOR OF THE MOTION.
COMMISSIONER SCHMUCKER NEXT REPORTED ON THE REHABILITATION
OF DILAPIDATED HOUSES. HE STATED THEY ARE TRYING TO CONFINE THIS RE-
HABILITATION TO THE BASIC ELEMENTS AND KEEP IT AS SIMPLE AS POSSIBLE,
AND THEY HAVE FOUND THE BASIC INADEQUACY TO BE BATHROOMS AND ELECTRICAL
SYSTEMS. HE INFORMED THE BOARD THAT MOST OF THE OLD HOUSES IN THESE AREAS
ARE FRAME CONSTRUCTION AND HAVE HAD A PORCH ADDED ON THE FRONT AND ON THE
BACK. THE PLAN IS TO TEAR OFF THE OLD PORCHES AND REBUILD THE BACK PORCH
IN BLOCK, PUTTING IN A BATHROOM WITH A ROOM ADJACENT TO THE BATHROOM WHERE
YOU CAN PUT A PANEL BOX AND RUN CONDUITS THROUGH THE OLD !WALLS AND
BUILDING STRUCTURE SO THEY CAN HAVE AN ADEQUATE ELECTRICAL SYSTEM. IN
OTHER::WORDS, THEY WILL BUILD A FREE STANDING BLOCK ROOM AND TIE IT INTO
THE OLD STRUCTURE. IN THIS MANNER THEY HOPE TO BE ABLE TO REHABILITATE
12 OR 15 HOUSES IN THE NEXT YEAR. HE POINTED OUT IF THEY TRIED TO BRING
THESE STRUCTURES UP TO MEET ALL STANDARDS, THEY WOULD ONLY BE ABLE TO DO
ABOUT TWO HOUSES. COMMISSIONER SCHMUCKER NOTED THAT THE CITIZENS ADVISORY
COMMITTEE IS VERY MUCH IN FAVOR OF THIS PLAN.
COMMISSIONER SCHMUCKER THEN DISCUSSED THE POSSIBILITY OF HIRING
EXTRA PERSONNEL IN THE ROAD AND BRIDGE DEPARTMENT TO DO THIS WORK.
COMMISSIONER MASSEY INQUIRED IF ANY REPAYMENT IS EXPECTED AS
HE FELT IF YOU DO TOO MUCH FOR PEOPLE THEY STOP TRYING TO HELP THEMSELVES,
COMMISSIONER SCHMUCKER.STATED THAT THE HOMES WILL BE VERY
CAREFULLY SCREENED AND THE WORK ONLY DONE FOR HOME OWNERS OF VERY LOW
INCOME, THE CITIZENS ADVISORY COMMITTEE WILL SET THE PRIORITIES.
21
51976 7
COMMISSIONER WODTKE ASKED IF A PRIVATE CONTRACTOR WISHED TO
DO THIS WORK, WOULD HE HAVE TROUBLE GETTING A PERMIT?
DON ADAMS, CITY -COUNTY BUILDING DIRECTOR, STATED THAT THE
ISSUING OF A PERMIT WOULD DEPEND ON THE STATE OF THE BUILDING ITSELF,
DISCUSSION FOLLOWED IN REGARD TO SETTING UP GUIDELINES TO
ESTABLISH THIS PROGRAM,
COMMISSIONER WODTKE NOTED THAT THE PROJECTS PREVIOUSLY DONE UNDER
THIS PROGRAM WERE FOR THE BENEFIT OF THE GENERAL PUBLIC, BUT NOW WE
ARE CONSIDERING WORK FOR SPECIFIC INDIVIDUALS, WHICH WILL REQUIRE CONTROLS
IN THE SETTING UP OF PRIORITIES. HE FELT THE BUILDING DEPARTMENT SHOULD
BE A VERY IMPORTANT ADVISER IN THIS PARTICULAR AREA, PARTICULARLY WITH
REFERENCE TO WHETHER A STRUCTURE SHOULD BE DEMOLISHED RATHER THAN RE-
HABILITATED9
DON ADAMS, BUILDING DIRECTOR, STATED THAT HE HAS MADE HIMSELF
AVAILABLE TO COMISSIONER SCHMUCKER AND THE CITIZENS ADVISORY COMMITTEE.
DON ADAMS THEN REPORTED TO THE BOARD ON A LETTER HE HAD WRITTEN
TO THE ADMINISTRATOR REGARDING OBSOLETE -HAZARDOUS STRUCTURES WHICH
REFERRED TO A LIST OF TEN SUCH STRUCTURES, THE LETTER AND LIST ARE HEREBY
MADE A PART OF THE MINUTES AS FOLLOWS:
22
Boot 25 *1
City of Vero Beach
1033 - 2011; PLACE
VERO BEACH, FLORIDA - 32960 f� �t.7
Te%pbeae 3671131
April 27, 1976 APR 1976
RECEIVED
c, ��ator'� Office
Mr. Jack Jennings
County Administrator
Indian River County Court House
Vero Beach, Florida
Be: Obsolete Hazardous Structures
Dear Jack:
On January 6, 1976, I sent a letter to your office with
reference to the above subject. I enclosed a list of ten
such structures which are hazardous, unoccupied, and a
nuisance to. the community.
It was my recommendation that these structures be removed
as soon as possible through the federal funded program, at
no expense to the owners, in the interest of public safety.
Three of the ten have been removed by county equipment; however,
seven owners would not allow their structures removed.
Perhaps someone failed to recognize that it is our intention
to have these structures removed one way or another. The
former was, I felt, the best approach. In as much as we did
not receive cooperation from all owners, it would appear that
some have no concern for life safety.
I, therefore, request that this matter be brought to the attention
of the county commissioners for their consideration. I strongly
recommend that the County Attorney take whatever steps necessary
to require the removal of these hazardous structures. A careless
person could set fire to any one of these buildings and cause loss
of life and personal property to persons in compliance with the
law.
Thank you for your consideration in this matter.
YozArs truly,
• t �Oy- G��
Donald F. Adams
Building & Zoning Director
DFA/er
cc: County Commissioners
County Attorney
"City of Beautiful Beaches"
1/ I . Annie Grace Gervin - 4845 34th Avenue - 1,ifford
Re: Wood frame structure - 1925 39th Avenue.
Photo attached - permit to demolish issued 8-19-75
Building is down, debris in a shambles, needs loading
and removing to dump. Tc:,n down by the Gifford Jaycees
✓ 2. Annie B. Phillips - 1440 N.W. 55th Terrace, Miami, Fla.
Re: Partially burned frame structures - Lots 17 & 18
Reedwood Subdivision. Photo attached - two registered
letters returned addressee unknown - to be demolished
3• E.E. Geoffrey - 1835 - 39th Street - Unfinished wool
frame structure = Photo attached - to be demolished
4. Guy W. Colley, et a1 - 3206 45th Street - Gifford
Dilapidated structure - Lot 213, Block 15, W.E. Geoffrey
Subdivision. Photo attached - three notices ignored by
Mr. or Mrs. Colley - one returned unclaimed - all registered
to be demolished
5. Willie J. Jones - 2110 41st Street Gifford
Wood frame structure (north of shoe repair shop - parcel
#00-3000-063.0 - 26-33-39 South Gifford Road at U.S. /111)
Photo attached - to be demolished
6. Charlie L. & Rosa1 ee Stewart - 3536 Appl can Way, Mel bourne, FI
Dilapidated structure - 27th Avenue - Lot 2, Block 2,
Hillcrest Subdivision - Parcel #01-0020-002.2 - Notices
Returned - to be demolished - Photo attached
7. Mr. Otto Stout - P. 0. Box 194 - Wabasso, Fla.
Two-story frame structure east of Railroad
Metes and Bounds - Book 43, PP41 - Bridge Boulevard
two notices sent - permit issued 7-25-75
Very slow progress - hazardous - Photo attached
to be demolished
08. Gusste Rawlins - P. 0. Box 5492 - Gifford
dilapidated structure - S.W. corner 27th Avenue
& North Gifford Road - Lot 1, Block 1, Hillcrest
Subdivision - 2 notices sent - no effort to comply
Photo attached - to be demolished
19. 'James C. & Vinnie P. Broxton - 3740 - 44th Street
Gifford - Wood frame structure - Parcel #00-3000-002.0
27-32-39 - 38th Avenue -4400 block east side of road
hazardous --Photo attached - to be demolished.
10. Estate of Henry & Annie B. Bailey - West Wabasso Road
North side 3/4 mile west of U. S. #1 - S.W. corner of
Tract 1- Fire damaged wood frame structure - hazardous
notice returned - deceased - to be demolished
MAY 51976
eoo1 25 Pv,5 340
11
Ir a
MR: ADAMS NOTED THAT EVERY PROPERTY OWNER ON THE LIST HAS BEEN
NOTIFIED BY REGISTERED MAIL AT LEAST TWICE. THREE OF THE STRUCTURES
HAVE BEEN REMOVED, BUT SEVEN OWNERS WOULD NOT GIVE THEIR PERMISSION
EVEN THOUGH THE COUNTY WOULD REMOVE THE STRUCTURE AT NO CHARGE AND THE
PROPERTY WOULD UNDOUBTEDLY BE MORE VALUABLE WITH THE BUILDING REMOVED,
HE STATED THAT HE DID NOT KNOW WHETHER ANY OF THESE OWNERS NEEDED HELP
AND WOULD QUALIFY UNDER THE COMMUNITY DEVELOPMENT PROGRAM OR IF THEY
COULD AFFORD TO TAKE THE STRUCTURE DOWN THEMSELVES, HE CONTINUED THAT
HE WOULD LIKE THE BOARDS DIRECTION AS TO WHAT ACTION SHOULD BE TAKEN.
CHAIRMAN SIEBERT STATED HE DID NOT FEEL THE BOARD COULD AUTHOR-
IZE TEARING DOWN THESE STRUCTURES AT NO COST TO ANYONE,
THE ADMINISTRATOR INFORMED THE BOARD THAT THE ONLY ONES THAT
HAVE BEEN TAKEN DOWN WERE THOSE WHERE PERMISSION WAS GIVEN AND THE PEOPLE
WERE NOT FINANCIALLY ABLE TO DO IT THEMSELVES.
DISCUSSION FOLLOWED ON THE LEGAL PROBLEMS INVOLVED, AND IT WAS
AGREED THE FINANCIAL RESPONSIBILITY OF THE OWNERS SHOULD BE DETERMINED.
CHAIRMAN SIEBERT REQUESTED COMMISSIONER SCHMUCKER TO TAKE THE
LIST OF THE HAZARDOUS STRUCTURES TO THE CITIZENS ADVISORY COMMITTEE;
DETERMINE WHO IS OR IS NOT FINANCIALLY CAPABLE; CONTACT THE OWNERS, IF
POSSIBLE; AND MAKE THIS AN AGENDA ITEM WHEN THE INFORMATION IS OBTAINED.
y THE BOARD THEN RECESSED AT 12:00 O'CLOCK NOON AND RECONVENED AT
.1:30 O'CLOCK P. M.
JOHN CALMES APPEARED BEFORE THE BOARD REPRESENTING VISTA PROP-
ERTIES OF VERO BEACH, INC., WHO IS REQUESTING THAT THE COUNTY ENTER INTO
AN OUTDOOR RECREATIONAL COVENANT WITH THEM IN REGARD TO VISTA ROYALE
GOLF CLUB. SUCH A COVENANT WOULD RESULT IN PREFERENTIAL AD VALOREM TAX
TREATMENT FOR VISTA ROYALE GOLF CLUB BY ALLOWING THE LAND TO BE TAXED AS
RECREATIONAL LAND, ACCORDING TO SECTION 193.501, FLORIDA STATUTES.
MR. CALMES WENT OVER WITH THE BOARD THE MATERIAL PREVIOUSLY
SUBMITTED TO THEM FOR THEIR INFORMATION AND STUDY, AS FOLLOWS:
25
SAY 5 1976
I
4
.25 pah 341
• s
Exhibit A: Chapter 67-528 Lays of Florida, describing
the intent of that lay.
Exhibit B: Section 193.501 Florida Statutes
Exhibit C: Attorney General Robert L. Shevin's opinion
dated October 29, 1975.
Exhibit D: Statement of tax history of Vista Royril e
Exhibit E: Vista properties proposed Cove,•zant for Vista'
Royale Golf Club
Exhibit F: Precedent - Escambia Counbl Scenic Bills
County Club Association, Inc.
Exhibit G: Precedent - Washington County - Falling Water
Country Club Inc.
Exhibit H: Precedent - Washington County-Decmber 27, 1973, s
Sunny fulls Subdiv?sion by Deltona Corporation.
Exhibit I: precedent - tIashington County- I)ac ber 12, 1975,
Sunny Hills Suixiivi-icn by Deltona Corporation.
MR. CALMES DISCUSSED IN DETAIL EXHIBIT "C", ATTORNEY GENERAL
SHEVINS'S OPINION DATED OCTOBER 29, 1975, RELATING TO WHETHER OR NOT IS
IS NECESSARY THAT THE PUBLIC HAVE USE OF THESE RECREATIONAL FACILITIES,
AND EXHIBIT "D", STATEMENT OF TAX HISTORY OF VISTA ROYALE. THE SUMMARY
OF THE ATTORNEY GENERAL'S OPINION AND THE STATEMENT OF TAX HISTORY OF
VISTA ROYALE ARE HEREBY MADE A PART OF THE MINUTES AS FOLLOWS:
Honorable J. Ed Straughn
Page Five 075-270
S U M M A R Y
Land subject to a ten-year covenant that restricts
its use to only outdoor recreational or park purposes,
but which denies access and other rights in and to the
land to a county government or the public, is neverthe-
less entitled to preferential ad valorem tax treatment
pursuant-to 5193.501, F.S., if the board of county
commissioners determines that it is in the public
interest to accept such covenant and.does accept such.
covenant.
Sincerelty
ROBERT L. SHEVIN
ATTORNEY GENERAL
Prepared by:
G\ 0n
. Kendrick Tucker ucker •
Assistant Attorney G
eneral t
dm
26
5 197-
eoo :25 -PAnE3 2
Srmr MMW Or TAX HISTORY
VISTA ROYALE
A
tv
The follading is a list of both actual taxes paid and estimated tares to
be paid on the property Y.nawn as VISTA ROYALE. We believe this list clearly
illustrates the intent expressed in Chapter 67-528, Laws of Florida.
1. 1973*
Taxes paid by Vista Properties
$33,977.53
* Figures taken fresn actual tax
receipts on undeveloped ground.
20 1974*
Taxes paid by Vista Properties
$28,436.51
* Figures taken frau actual tax
receipts.
3. 1975
A. Single Family
$ 5,220.84
B. Phase I
$ 1,683.83
C. Phase II
$ 2,374.27
D. Phase III ,
$ 3,279.56
E. Phase IV
$ 3,193.44
P°. Ccmnercial Area
$ 8,606.66
G. Sewer Plant Site
$ ' 139.09
H. Water Plant Site
$ 101.39
I. Recreation Area A
$ 1,292.32
J. Recreation Area B
$ 901.81
K. Recreation Area C
$ 115.20
L. Recreation Area D
$ 144.43
M. Golf Areas 1-7
$ 9,957.40
37,010.24 (actually paid by Vista Properties)
Buildings 1-11(apts° owned by
Vista Prop.)
Buildings 1-]1(closed apts.)
$ 3,007.39 (actually paid by Vista Properties)
$42,631.00*estimated on175 mil levy & valuatio:
homestead not considered)
$82,648.63
4. 1976
An figures based on 1975 mil levy and valuations.
Assuming no change in valuations described in 1975 items A through M
Items A through M $37,010.00
Buildings 1 through 12 $49,822.00*hanestead not considered
$86,832.00
S. 1977
All figures based on 1975 mil levy and vaulations.
Assuming no change in valuations described in 1975 iters A through M.
Items A through M $37,010.00
24 Buildings $99,644.00*homestead not considered
$136,654.00
6. Completed Project: °
When all conda-ninium apartments are taxable -(114 buildings) based on 1975
mil levy and valuations, it will produce $473,300.00 in tax revenue (home-
stead not considered)
This figure does not consider the developlent of the followings
A. Single Family - 110 homes
B. Cain ercial - 17 acres
C. Scmier Plant - 600,000 GPD
D. Water Plant - 600,000 GPD
E. 3 additional Recreational buildings
John W. Calmer, Vice President
Vista Properties of Vero Beach, Inc.
EXHIBIT
LIE av
5197 Rook2 , A 343 '
MR. CALMES STATED THAT HE FELT THE TAX FIGURES CLEARLY ILLUS—
TRATE THAT WHERE A RECREATIONAL AREA IS DEVELOPED, THE GROUND AROUND IT
INCREASES IN VALUE. HE ALSO NOTED THAT UNDER THE PROPOSED COVENANT,
VISTA ROYALE GOLF CLUB MOULD REMAIN A GOLF CLUB FOR TEN YEARS.
r
CHAIRMAN SIEBERT ASKED THAT THE'IINUTES REFLECT THAT THE BOARD
s
HAS RECEIVED A LETTER`FROM GEORGE COLLINS, JR., COUNTY ATTORNEY, NbfIFYING
j
THEM THAT HE HAS REPRESENTED VISTA PROPERTIES ON A NUMBER OF OCCASIONS
AND THUS MAY BE CONSIDERED TO HAVE A POSSIBLE CONFLICT OF INTEREST. -
IN DISCUSSION, IT WAS AGREED THAT ATTORNEY COLLINS COULD ANSWER
ANY LEGAL QUESTIONS THAT AROSE,
CHAIRMAN SIEBERT INFORMED THE BOARD THAT HE HAD ASKED HOMER,
FLETCHER, PROPERTY APPRAISER, TO ATTEND THE MEETING TODAY, BUT MR. FLETCHER
DECLINED AS HE FELT THIS MATTER IS STRICTLY A POLICY DECISION OF THE BOARD.
IT WAS DETERMINED, HOWEVER, THAT VISTA ROYALE GOLF COURSE IS PRESENTLY
APPRAISED AT $5,800.00 PER ACRE, AND IT CONTAINS APPROXIMATELY 100 ACRES.
COMMISSIONER MASSEY ASKED HOW THIS WOULD AFFECT SCHOOL TAXES.
ATTORNEY COLLINS EXPLAINED THAT THE COVENANT DOES NOT GIVE THEM
A COMPLETE IMMUNITY FROM TAXES; THEY ARE JUST TAXED AT A DIFFERENT LEVEL.
THIS IS REFERRED TO AS A 'GREEN BELT" ASSESSMENT.
MR, CALMES POINTED OUT THAT THIS DOES NOT AFFECT THE VALUE OF
THE CLUB HOUSE OR THE IMPROVEMENTS; IT JUST APPLIES TO THE VALUATION OF
THE RAW GROUND,
COMMISSIONER SCHMUCKER STATED THE PROBEEM IS THAT WE HAVE FIVE
MORE GOLF COURSES IN THE COUNTY.
COMMISSIONER WODTKE NOTED THAT IN THE COVENANT VISTA ROYALE
i
WOULD REMAIN A PRIVATE GOLF COURSE.
MR, CALMES STATED THAT AT PRESENT IT IS A PUBLIC COURSE, BUT
IT MAY BECOME PRIVATE AND, ACCORDING TO THE ATTORNEY GENERAL'S OPINION,
IT MAY BE EITHER PRIVATE OR PUBLIC.
Kr
l
low
25 pati 344
COMMISSIONER LOY ASKED IF MR. CALMES HAD ANY IDEA WHAT THE DIF—
=I
FERENCE WOULD BE BETWEEN THEIR PRESENT ASSESSMENT AND THE ASSESSMENT THAT
WOULD BE RECEIVED UNDER THIS COVENANT.
MR. CALMES STATED THAT HE DID NOT, BUT NOTED THAT THERE HAVE
BEEN PRECEDENTS SET IN OTHER PARTS.OF THE STATE WHEREBY GROUND PREVIOUSLY
ASSESSED AT $5,800 PER ACRE WAS VALUED AT ABOUT $500 TO $600 PER ACRE
OR EVEN LESS,
MRS CALMES INTRODUCED MR. TOM BARNES, WHO, HE STATED, IS
VERY FAMILIAR WITH "GREEN BELT" LEGISLATION.
MR, CALMES CONTINUED THAT HE DID NOT BELIEVE THAT THEIR
1
SITUATION IS AT ALL THE SAME AS THAT OF DODGERTOWN, WHICH REQUESTED THIS
COVENANT SEVERAL YEARS AGO, AND POINTED OUT THAT VISTA ROYALE HAS PROPERTY
ALL AROUND THE GOLF COURSE THAT CAN BE DEVELOPED,
CHAIRMAN SIEBERT DISCUSSED THE SPECIFIC MENTION MADE IN THE
ATTORNEY GENERAL'S OPINION TO "NON-COMMERCIAL RECREATIONAL PURPOSES," AND
MR. CALMES NOTED THAT THIS OPINION HAD BEEN WRITTEN SPECIFICALLY IN REGARD
TO LAND OWNED BY A PRIVATE INDIVIDUAL TO BE USED FOR A PRIVATE HORSE PATH,
CHAIRMAN SIEBERT NEXT POINTED OUT THAT THE ATTORNEY GENERAL'S
OPINION ALSO STATED THAT, AS A POLICY MATTER, THE BOARD OF COUNTY COM-
MISSIONERS MAY ACCEPT SUCH A COVENANT ONLY WHEN THEY DETERMINE THE PUBLIC
INTEREST WILL BE SERVED THEREBY,
MR, TOM BARNES STATED THAT THE WHOLE THEORY IS THAT THE GOLF
COURSE CREATES ADDITIONAL VALUE TO THE SURROUNDING LAND AND THEREBY
CREATES ADDITIONAL TAXES AND SAID HE FELT IT IS TO THE COUNTY'S ADVANTAGE
TO ENCOURAGE DEVELOPMENT OF RECREATIONAL FACILITIES BY PRIVATE FIRMS
• RATHER THAN THE COUNTY HAVING TO PROVIDE THEM.
CHAIRMAN SIEBERT NOTED THAT THE GOLF COURSE ALSO CREATES
POTENTIAL PROFIT TO THE DEVELOPER, AND HE DID NOT FEEL IT IS NECESSARILY
IN THE PUBLIC INTEREST TO REDUCE TAX VALUES ON LAND AND DECREASE TAXES.
MR, CALMES POINTED OUT THAT THEIR RECREATIONAL FACILITIES ARE
ABSORBING GOLFERS WHO WOULD OVERCROWD THE OTHER COURSES,
COMMISSIONER WODTKE ASKED IF VISTA PROPERTIES WOULD BE MILLING
TO KEEP THE COURSE OPEN TO THE PUBLIC FOR THE PERIOD OF THE COVENANT.
29
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MR. CALMES STATED THAT THEY WOULD NOT,
COMMISSIONER L.OY AGREED THAT THE PREFERENTIAL TREATMENT OBTAINED
THROUGH THE COVENANT MIGHT VERY WELL ENCOURAGE A NEW DEVELOPER TO DEVELOP
THE LAND, BUT THAT IS NOT THE CASE HERE AS THE LAND IS ALREADY DEVELOPED A
THE GOLF COURSES IN THIS COUNTY HAVE ALREADY RECEIVED PREFERENTIAL
TREATMENT.
MR. BARNES NOTED THAT WHERE A "GREEN BELT" ASSESSMENT HAS
BEEN APPLIED, IT HAS RESULTED IN GREATER INCOME TO THE COUNTY, AND HE
FEELS IT IS NEEDED AS AN ENCOURAGEMENT TO PRIVATE DEVELOPERS. HE ALSO
STATED THAT MOST GOLF COURSES OPERATE IN THE RED,
DISCUSSION AROSE AS TO WHO OWNS THE GOLF COURSE, AND IT WAS
DETERMINED THAT VISTA PROPERTIES BOTH OWNS THE GOLF COURSE AND MANAGES
THE CONDOMINIUMS,
CHAIRMAN SIEBERT POINTED OUT THAT THE QUESTION TO BE DECIDED
TODAY IS WHETHER OR NOT TO HOLD A PUBLIC HEARING ON THE QUESTION OF
ENTERING INTO A COVENANT WITH VISTA PROPERTIES. HE STATED HE FELT VISTA
PROPERTIES MUST PROVE TO THE BOARD THAT IT IS IN THE TOTAL INTEREST
OF THE PUBLIC FOR VISTA PROPERTIES TO RECEIVE PREFERENTIAL TREATMENT
IN ADDITION TO THAT WHICH THEY ALREADY RECEIVE AS IN OTHER COUNTIES THE
GOLF COURSE LAND WOULD BE ASSESSED AT THE SAME VALUE AS THE SURROUNDING
PROPERTY.
DISCUSSION CONTINUED AS TO WHETHER A DEVELOPER BUILDS A GOLF
COURSE MAINLY FOR THE BENEFIT OF THE PUBLIC OR FOR THE BENEFIT OF HIS
PARTICULAR DEVELOPMENT, AND MR. CALMES NOTED THAT THEY HAVE TWO wm- ER
DEVELOPMENTS IN THE AREA THAT HAVE BEEN VERY SUCCESSFUL WITHOUT HAVING A
GOLF COURSE,
COMMISSIONER WODTKE STATED THAT HE IS VERY RARELY NOT IN AGREE -
RENT WITH ANYONE HAVING A PUBLIC HEARING AND WOULD NOT VOTE AGAINST HAVING
ONE, BUT HE DOES FEEL THAT IN THIS PARTICULAR DEVELOPMENT, WHICH IS NEITHER
ON THE OCEAN NOR THE RIVER, THEY WOULDN'T HAVE THE SALES UNLESS THE GOLF
COURSE WAS THERE, AND HE, THEREFORE, FEELS IT IS A COMMERCIAL ENTERPRISE
IN TOTO. HE CONTINUED THAT HE WOULD HAVE A PROBLEM JUSTIFYING THAT IT IS IN
THE BEST INTERESTS OF THE CITIZENS OF THE COUNTY TO GIVE VISTA PROPERTIES
ANY PREFERENTIAL TREATMENT BEYOND THAT WHICH THEY ALREADY RECEIVE.
30
51976 � 4` tw .i
Y 5 1976
a
CHAIRMAN SIEBERT POINTED OUT THAT THIS COVENANT MIGHT ALSO APPLY E
TO TENNIS CLUBS SUCH AS ARE BEING DEVELOPED NOW.
AT THIS POINT, COMMISSIONER LOY ASKED MR. CALMES IF HE STILL
WISHED TO REQUEST THAT THE BOARD HOLD A PUBLIC HEARING.
MR. CALMES SAID HE FELT IT MIGHT BE MORE APPROPRIATE TO OBTAIN
ANOTHER OPINION FROM THE ATTORNEY GENERAL WHICH WOULD RELATE MORE nPECIF—
ICALLY TO THEIR PARTICULAR SITUATION.
AFTER DISCUSSION, THE BOARD AGREED THAT THEY WERE SATISFIED
THAT THEY COULD GRANT THE TAX RELIEF REQUESTED, BUT THAT IT WAS A DISCRE—
TIONARY DECISION AND THEY DID NOT FEEL ANOTHER OPINION WAS NECESSARY,
CHAIRMAN SIEBERT STATED IN VIEW OF THE DISCUSSION HELD TODAY,
MR, CALMES MIGHT DESIRE SOME TIME TO THINK THE MATTER OVER, AND NOTIFIED
MR. CALMES THAT IF HE STILL WISHED TO REQUEST A PUBLIC HEARING, HE SHOULD
WRITE A LETTER TO MRS. FORLANI, SECRETARY TO THE BOARD, BY MAY 12TH AND HIS
REQUEST WILL BE PUT ON THE AGENDA FOR THE MEETING OF MAY 19TH.
CHAIRMAN SIEBERT ANNOUNCED THAT DISCUSSION WOULD BE CONTINUED
IN REGARD TO THE TRANSFER OF ASSIGNMENT OF FRANCHISE FROM SOUTHERN
GULF UTILITIES, INC., TO TREASURE COAST UTILITIES, INC. AND THE RATE
INCREASE REQUESTED FOR TREASURE COAST UTILITIES, AND ASKED LOWELL LOHMAN,
PRESIDENT OF TREASURE COAST UTILITIES, IF HE HAD ANY COMMENTS AFTER
STUDYING THE EXTENSIONS OF THE COMPROMISE RATE FIGURES SUGGESTED AT THE
SPECIAL MEETING OF APRIL 28, 1976.
MR. LOHMAN STATED THAT THEY ARE STILL FACED WITH THE .FACT THAT
THEIR ANNUAL COST IS PROJECTED TO BE IN THE NEIGHBORHOOD OF $29,000 TO
$30,000 AND THE NEW FIGURES ONLY PROVIDE AN INCOME OF AROUND $26,000.00,
OR ABOUT $2,000.00 MORE ANNUALLY THAN WOULD BE OBTAINED FROM THE FIGURES
ORIGINALLY RECOMMENDED BY THE STAFF, HE REQUESTED THE BOARD EXAMINE THE
FIGURES CAREFULLY TO SEE IF THERE IS ANY WAY TO WORK THE SITUATION OUT
SO THAT THEY WILL NOT BE OPERATING AT A LOSS. HE THEN SUGGESTED POSSIBLY
CHANGING THE RATES TO $5.00 FOR A MONTHLY MINIMUM OF 3,000 GALLONS tR—
STEAD OF 3,500 GALLONS AND MAKING THE MONTHLY SEWAGE CHARGE $8.00.
31
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COMMISSIONER LOY NOTED THAT EXPANSION OF THE SYSTEM HAD BEEN
DISCUSSED, BUT THERE WAS NOTHING IN THE EXPENSE STATEMENT TO ALLOW FOR
HANDLING ANYTHING ADDITIONAL,
MR, LOHMAN STATED THAT WHEN YOU TAKE ON A NEW DEVELOPMENT, THE
DEVELOPER USUALLY ABSORBS THE COST, HE CONTINUED THAT IF THEY GET THE
RATES HE JUST SUGGESTED, THEY COULD OPERATE WITHOUT A LOSS AND THEN WILL
BE ABLE TO NEGOTIATE WITH VISTA ROYALE, BUT IF THEY CANT MEET EXPENSES,
THEY CANNOT ADD A NEW SYSTEM,
COMMISSIONER VIODTKE SAID, IN OTHER WORDS, YOU ARE SAYING THAT
WITH THE RATE INCREASE THE BOARD HAS SUGGESTED, YOU CANNOT GUARANTEE
YOU WILL PUT IN THE NEW SYSTEM,
COMMISSIONER MASSEY STATED THAT HE DID NOT SEE HOW THE
BOARD CAN GRANT A RATE INCREASE TO A SYSTEM THAT IS IN VIOLATION, AND
THERE IS NO GUARANTEE THAT IT WILL BE CORRECTED,
MR. LOHMAN NOTED THAT THE D.E.R. IS AWARE OF THE ENTIRE
SITUATION AND KNOWS WE ARE DEALING WITH VISTA ROYALE, HE CONTINUED THAT
WITH THE RATES ORIGINALLY REQUESTED, THEY COULD GENERATE AN INCOME OF
$7,000 TO $8,000 A YEAR AND WOULD BE ABLE TO BORROW MONEY AND INSTALL
A NEW SYSTEM WITHIN A SHORT PERIOD OF TIME, BUT THE RATES THE BOARD IS
SUGGESTING ARE WAY BELOW WHAT IS NEEDED TO REMEDY THE SITUATION,
DISCUSSION FOLLOWED ON THE VARIOUS FIGURES PRESENTED AND CAL—
CULATED INCOME THAT WOULD BE GENERATED, r;
COMMISSIONER WODTKE STATED THAT SINCE IT HAS BEEN INDICATED
THERE IS AN OBLIGATION ON THE PART OF TREASURE COAST UTILITIES TO PURCHASE
j THE FRANCHISE FROM SOUTHERN GULF UTILITIES, HE WOULD MAKE A MOTION THAT
THE BOARD ADOPT RESOLUTION N0. 76-32 GRANTING THE TRANSFER OF ASSIGNMENT
OF FRANCHISE FROM SOUTHERN GULF UTILITIES, INC., TO TREASURE COAST UTILITIES
INC, WITH THE STIPULATION THAT THE STANDARD AMENDMENT TO THE FRANCHISE
AGREEMENT, GIVING THE COUNTY THE DISTRIBUTION LINES AT NO COST AT SUCH
TIME AS PUBLIC UTILITIES ARE PROVIDED, BE INCLUDED IN THE NEW FRANCHISE,
MOTION WAS SECONDED BY COMMISSIONER SCHMUCKER,
32
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olp
COMMISSIONER MASSEY ASKED WHAT GUARANTEE DO WE HAVE THAT THE
SYSTEM WILL BE IMPROVED,
MR. LOHMAN STATED HE FELT TREASURE COAST COULD OPERATE THE
SYSTEM MORE EFFICIENTLY THAN IT HAS BEEN IN THE PAST, AND IF THEY CAN
FINALIZE AN AGREEMENT WITH FURTHER DEVELOPERS WITHIN SIX MONTHS OR A YEAR,
THEN THEY COULD GO TO -A BANK AND ARRANGE TO`MAKE THE IMPROVEMENTS; 3UT
THAT IS THE ONLY GUARANTEE HE CAN GIVE,
CHAIRMAN SIEBERT POINTED OUT THAT IF TREASURE COAST DOES MAKE
AN AGREEMENT WITH VISTA PROPERTIES ABOUT ADDING VISTA ROYALE ON THE
SYSTEM, THEY WILL HAVE TO COME BACK TO GET THE BOARD'S APPROVAL. HE
CONTINUED THAT HE HATED` TO COMMIT HIMSELF ON THE TRANSFER WHEN HE DIDN'T
KNOW WHAT THE BOARD'S THINKING IS ON A RATE INCREASE,
COMMISSIONER WODTKE INFORMED THE BOARD THAT HE WAS PREPARED
TO MAKE A MOTION GOING ALONG WITH THE RECOMMENDATIONS MADE BY THE
CHAIRMAN AT THE SPECIAL MEETING OF APRIL 28, 1976, IN HOPES THAT
TREASURE COAST CAN OPERATE THE SYSTEM MORE EFFICIENTLY AND THEN REVIEW
THE SITUATION IN SIX MONTHS' TIME, HE CONTINUED THAT HE FELT THE ORIGINAL
COST FIGURES OF $30,000 TO $35,000 WERE BASED ON A NEW SYSTEM AND HE
�I
WOULD FEEL THEY CAN OPERATE THE OLD SYSTEM WELL WITHIN THE FRAMEWORK OF
$28,000 TO $29,000.
MR. LOHMAN STATED THAT THE ORIGINAL PROFORMA STATEMENT WAS
BASED ON OPERATING THE PRESENT SYSTEM AND A NEW SEWAGE SYSTEM WILL INCREASE'
THE COST®
COMMISSIONER SCHMUCKER ASKED MR. LOHMAN IF HE WOULD BE WILLING
TO TAKE THE SYSTEM ON THE BASIS OF THE RATES RECOMMENDED ICY CHAIRMAN
SIEBERT AT THE LAST MEETING.
MR. LOHMAN REPLIED THAT IF THEY CANNOT OEPRATE THE SYSTEM
AT A PROJECTED INCOME OF $26,000, THEY WILL BE BACK WITHIN SIX MONTHS OR
A YEAR AND AT THAT TIME WILL BE ABLE TO PRESENT FIGURES SHOWING EXACTLY
WHAT IT WILL TAKE TO OPERATE THE SYSTEM,
33
MAY 51976 o 25 p'W-X49
or
I
THE CHAIRMAN CALLED FOR THE QUESTION. THE BOARD VOTED
UNANIMOUSLY IN FAVOR AND THE MOTION CARRIED. RESOLUTION PCO. 76-32
WILL BE MADE A PART OF THE MINUTES WHEN PREPARED AND RECEIVED.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 76-33, GRANTING AN
INCREASE IN WATER RATES TO $5.00 FOR A MONTHLY MINIMUM OF 3,500 GALLONS
AND $1.25 FOR EACH 1,000 GALLONS, OR ANY PART THEREOF, OVER THE MINIMUM;
WITH A FLAT SEWER RATE OF $7.00 PER MONTH PLUS $1.00 FOR EACH ADDITIONAL
BATHROOM, TO TREASURE COAST UTILITIES, INC., FOR THE FRANCHISE AREA
TRANSFERRED TO THEM BY SOUTHERN GULF UTILITIES, INC., RESOLUTION 76-33
WILL BE MADE A PART OF THE MINUTES WHEN PREPARED AND RECEIVED,
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY GRANTED RETRO—ACTIVE APPROVAL OF MICHAEL
MCGRIFF FOR ADMISSION TO THE A.G. HOLLEY STATE HOSPITAL.
ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS WRITTEN THE CITY
IN REGARD TO THE WATER ALLOCATION FOR URBAN DEVELOPMENT UTILITIES NOW
THAT THE CONTRACT HAS BEEN SIGNED AND HAS RECEIVED A LETTER FROM THE
CITY REAFFIRMING THE COUNTY'S WATER ALLOCATION AND SETTING OUT THEIR FORMULA
AS TO HOW MUCH HAS ALREADY BEEN USED. HE CONTINUED THAT HE DID NOT FEEL
THIS LETTER SHOULD GO UNANSWERED BECAUSE THERE IS A DIFFERENCE BETWEEN
THE CITY'S FIGURES AND THE COUNTY'S FIGURES AS TO HOW MUCH OF THE
ALLOCATION HAS BEEN USED.
AFTER DISCUSSION, THE BOARD AGREED TO ASK .TAMES BEINDORF,
COUNTY CONSULTING ENGINEER, TO WRITE THE CITY IN REGARD TO THIS DIFFER—
ENCE SO THAT WE WOULD BE ON RECORD THAT WE DON'T AGREE,
ATTORNEY COLLINS NEXT INFORMED THE BOARD THAT IN REGARD TO A
D.W.I. SCHOOL FOR THE COUNTY, .JUDGE SMITH AND .JUDGE STIKELETHER HAVE MET
WITH THE STATE DIRECTOO, AND IT IS THE STATE'S FEELING THAT THIS SHOULD
BE HANDLED UNDER MENTAL HEALTH. HE NOTED THAT THIS WOULD BE DONE BY THE
FOUR—COUNTY MENTAL HEALTH GROUP, AND HE FEELS IT IS ACTUALLY A BETTER
APPROACH AS IT WILL WORK HAND IN HAND WITH SUBSEQUENT EVALUATIONS.
34
MAY 5 19 7
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ATTORNEY COLLINS STATED THAT THE ZONING COMMISSION HAS RECOM-
MENDED TWO AMENDMENTS TO THE ZONING ORDINANCE - ONE IN REGARD TO 3'
FENCES IN FRONT YARDS AND THE OTHER IN REGARD TO THE 75' SETBACK REQUIRED
IN B—I ZONES LOCATED OFF OF MAJOR HIGHWAYS, WHICH HAS BECOME BURDENSOME,
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY COLLINS TO ADVLRTTSE
FOR PUBLIC HEARINGS TO AMEND THE ZONING ORDINANCE AS SET OUT ABOVE,
ATTORNEY COLLINS REPORTED TO THE BOARD THAT THE STATE IS TRYING
TO PUT A GREATER AND GREATER BURDEN ON THE COUNTIES FOR FUNDING OF
DIFFERENT PROGRAMS AND IN THE HEALTH FIELD IS ATTEMPTING TO READJUST THE
FACTOR IN REGARD TO HEALTH DEPARTMENTS. HE STATED THAT DR. FLOOD IS
GREATLY CONCERNED ABOUT THIS AND VERY MUCH OPPOSED TO IT. ATTORNEY
COLLINS CONTINUED THAT GLADES COUNTY HAS SENT US A RESOLUTION OPPOSING
THE STATE'S ACTION, AND HE HAS DRAFTED A SIMILAR RESOLUTTON FOR INDIAN
RIVER COUNTY. HE THEN READ THE PROPOSED RESOLUTION TO THE BOARD,
ON MOTION BY COMMISSIONER 14ODTKE, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 76-29,
35
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RESOLUTION NO. 76-29
WHEREAS,'the Board of County Commissioners has received a
copy of the Memorandum to the County Health Directors from John F.
McGarry, M.D., Chief Bureau of Local Health Services, in reference
the Governor's recommendations for Funding of County Health Depart-
ments for 1976-77; and
WHEREAS, it appears that the proposed budget provides for
little or no State money for new or improved programs and substi-
tution of Title XX Money and Medicaid Screening reimbursements in
lieu of State dollars; and
WHEREAS, the Governor's Recommendations split the funding of
increased expenditures between General Revenue and the County
Health Units on a 50-50 basis, but accepts all of the Medicaid
Screening Incease as a replacement for General Revenue funding
with zero for the County Health Units; and
WHEREAS, pay adjustments for State Career Service employees
of County Health Departments have, in the past, been fully funded
from General Revenue, and this 50% funding deviates from previous
legislation and increases County Health Unit Trust Funding by a
large amount of money; and
WHEREAS, the members of this Board do strenously object to
any action that requires the County to comply with State raises in
salaries or other expenditures;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that it does strenously
object to State increases in the Health Department budget which would
not provide for full and complete funding by the State and Federal
Governments, but would place the financial burden on the Counties which
do not have the financial base to absorb such increase.
BE IT FURTHER RESOLVED that the Indian River County
Commissioners are of the opinion that it would be extremely unfair
a
0
MAY e
5 1976, is
25 ?AQ 352 I
t
MAY 5 1976
for the State to mandate or force the Counties to carry the
increased budget load, and this County does hereby request the
State to place in -the County Health Unit Trust Fund such additional
monies as are required to meet the expenditure increases set
forth in the Governor's Recommendations.
Such Resolution shall become effective as of the 5th
day of May, 1976.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
Y'
'd ll�e'llf
Willard W. Siebert, Jr' Y}airman
•
Attest:
Ralph rris, Clerk
o,� 25rte:
ATTORNEY COLLINS NEXT INFORMED THE BOARD THAT LEGISLATION IS
BEING CONSIDERED WHICH WOULD REQUIRE COMPETITIVE BIDDING ON ALL ROAD WORK
OVER THE AMOUNT OF $5,000 AND ON BRIDGE CONSTRUCTION OVER THE AMOUNT
OF $3,000,
ADMINISTRATOR JENNINGS STATED THAT THIS WOULD HAVE A TREMENDOUS
AFFECT ON INDIAN RIVER COUNTY AS WE BUILD OUR ROADS UNDER OUR PRESENT
SYSTEM FOR FAR LESS THAN A PRIVATE CONTRACTOR WOULD, AND AS TO BRIDGES,
WE ALREADY HAVE AN INVENTORY OF PRECAST FORMS, AND TO PUT THE BRIDGES
OUT FOR CONTRACT WOULD MORE THAN DOUBLE THEIR COST. HE STATED THAT
HE WOULD BE COMPLETELY OPPOSED TO ANY SUCH LEGISLATION,
AFTER DISCUSSION, IT WAS AGREED THAT CHAIRMAN SIEBERT WOULD
CALL STATE REPRESENTATIVE CHESTER CLEM TO CHECK ON THIS MATTER,
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE NEEDED
APPROVAL FOR THE NEW COUNTY VETERAN SERVICE OFFICER TO ATTEND A TRAINING
CONFERENCE,
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR JOHN HRKACH,
VETERAN SERVICE OFFICER, TO ATTEND A STATEWIDE VETERAN SERVICE OFFICERS
TRAINING CONFERENCE AND CLINIC AT DAYTONA BEACH MAY 8 - 13, 1976.
ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAD A REQUEST
FROM COUNTY COORDINATOR THOMAS ASKING THAT FUNDS BE ADVANCED OUT OF THE
GENERAL FUND CONTINGENCY ACCOUNT TO PAY FOR THE CONSTRUCTION OF THE
LAUNCHING RAMP AT THE WEST END OF WABASSO BRIDGE AS THE MONEY FROM THE
STATE GRANT WILL NOT BE FORTHCOMING FOR ABOUT SIX WEEKS, THE BID ON
THIS PROJECT WAS FOR $6,800 AND $6,486 OF THIS AMOUNT WILL BE REFUNDED
BY THE STATE OF FLORIDA, DEPARTMENT OF NATURAL RESOURCES. THE DIFFERENCE
OF $314.00 IS PRIMARILY DUE TO THE TIME LAG BETWEEN THE REQUEST FOR THE
GRANT AND PUTTING THE WORK OUT FOR BID.
ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER MASSEY,
THE BOARD UNANIMOUSLY APPROVED ADVANCING $6,800.00 OUT OF THE GENERAL
FUND CONTINGENCY ACCOUNT TO PAY FOR THE CONSTRUCTION OF THE LAUNCHING
RAMP AT THE WEST END OF WABASSO BRIDGE AFTER APPROVAL OF THE RAMP BY THE
ADMINISTRATOR, OF WHICH $6,486.00 WILL BE REFUNDED BY THE STATE OF
FLORIDA, DEPARTMENT OF NATURAL RESOURCES WITHIN APPROXIMATELY SIX WEEKS.
MAY - 51976
R .25 pAc,354
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ADMINISTRATOR JENNINGS SUBMITTED TO THE BOARD COPIES OF THE
MINUTES OF THE FIRST MEETING OF THE SOLID WASTE MANAGEMENT ADVISORY
COMMITTEE AND STATED THAT AFTER THEIR NEXT MEETING, HE WILL BE ABLE
TO BRING THE BOARD SOME DEFINITE RECOMMENDATIONS.
CHAIRMAN SIEBERT STATED THAT IF IT IS NECESSARY, THE BOARD
WILL HOLD A SPECIAL MEETING TO DEAL WlTH THESE RECOMMENDATIONS.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE WOULD LIKE
TO HAVE APPROVAL FOR TWO MEMBERS OF THE SOLID WASTE MANAGEMENT
ADVISORY COMMITTEE, PROFESSOR .JAMES LUCAS, JR. AND THOMAS PRESTON,
TO ATTEND SEMINARS HELD IN REGARD TO SOLID WASTE MANAGEMENT.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE,
THE BOARD UNANIMOUSLY AUTHORIZED PROFESSOR JAMES LUCAS, JR., AND THOMAS
PRESTON TO ATTEND SEMINARS HELD IN REGARD TO SOLID WASTE MANAGEMENT.
ADMINISTRATOR JENNINGS CONTINUED THAT HE AND JAMES BEINDORF,
COUNTY CONSULTING ENGINEER, HAD ATTENDED A MEETING IN ORLANDO YESTERDAY
IN REGARD TO THE RECOVERY OF SOLID WASTE AND LAWS THAT WILL BE RECOM-
MENDED, AND HE WOULD LIKE THE BOARD TO GIVE THEM RETRO -ACTIVE APPROVAL
FOR THIS TRIP.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE,
THE BOARD UNANIMOUSLY APPROVED RETRO -ACTIVE OUT -OF -COUNTY TRAVEL FOR THE
ADMINISTRATOR AND .JAMES BEINDORF TO ATTEND A MEETING IN ORLANDO ON MAY 4,
1976, IN REGARD TO SOLID WASTE MANAGEMENT.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED RETRO -ACTIVE OUT -OF -COUNTY TRAVEL
FOR THE ADMINISTRATOR AND COMMISSIONER LOY TO ATTEND A MEETING WITH THE
i
D.O.T. IN FORT LAUDERDALE MONDAY, APRIL 26, 1976.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER MASSEY,
THE BOARD UNANIMOUSLY AUTHORIZED COMMISSIONER SCHMUCKER AS REPRESENTATIVE
TO THE REGIONAL PLANNING COUNCIL TO ATTEND REGULARLY SCHEDULED MEETINGS
OF THE REGIONAL PLANNING COUNCIL AT THE COUNTY'S EXPENSE.
39
i
i
• Boor 25 �a�355
COMMISSIONER WODTKE REPORTED THAT IN REGARD TO MAKING A
RECOMMENDATION FOR SOMEONE TO BE APPOINTED TO THE HEALTH PLANNING COUNCIL,
HE HAS FOUND THAT DR. FLOOD AND POLLY CROWELL HAVE ALREADY MADE SUCH A
RECOMMENDATION.
ON MOTION BY COMMISSIONER Lu, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR COMMIS-
SIONER WODTKE AND S. LEE NUZIE, CIVIL DEFENSE DIRECTOR, TO ATTEND A CIVIL
DEFENSE SEMINAR IN WILDWOOD, MAY 26-28, 1976.
COMMISSIONER WODTKE' REPORTED THAT, CONTRARY TO HIS EARLIER
REPORT TO THE BOARD IN REGARD TO FUNDING FOR THE "911" EMERGENCY
COMMUNICATIONS PROGRAM, HE HAS NOW FOUND THAT THE FUNDING HAS BEEN
DELETED AND WE WILL NOT RECEIVE $13,598 FOR THIS. PURPOSE NEXT YEAR,
HE STATED THERE IS A BILL BEING CONSIDERED TO AMEND THE "911" PROGRAM.
COMMISSIONER SCHMUCKER DISCUSSED RESERVING ONE PARKING SPACE
FOR THE HANDICAPPED IN THE COURTHOUSE PARKING LOT, HE NOTED WE ALREADY
HAVE RAMPS AND SUGGESTED RESERVING A SPACE ON THE CORNER NEAREST TO
THE DOORS,
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY AGREED THAT THE PARKING SPACE AT THE SOUTH-
EAST CORNER OF THE PARKING LOT, OR ANY OTHER SUITABLE SPACE, BE DE-
SIGNATED FOR THE HANDICAPPED AND AN APPROPRIATE SIGN BE ERECTED,
COMMISSIONER LOY REPORTED THAT SHE WAS NOT READY AT THIS TIME
TO MAKE RECOMMENDATIONS FOR APPOINTMENTS TO THE RECREATION ADVISORY
COUNCIL AND ASKED THAT THIS BE HELD IN ABEYANCE.
COMMISSIONER Loy STATED THAT BASED ON THE ACTION TAKEN YESTER-
DAY BY THE FLORIDA CABINET SITTING AS THE BOARD OF NATURAL RESOURCES
WITH REFERENCE TO SEBASTIAN INLET, SHE WOULD LIKE THE BOARD TO ADOPT A
RESOLUTION COMMENDING THEM FOR THEIR ACTIONS.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 76-31 TO BE
PREPARED BY THE ATTORNEY, AUTHORIZED THE SIGNATURE OF THE CHAIRMAN, AND
INSTRUCTED CHAIRMAN SIEBERT TO WRITE REPRESENTATIVE CLEM SENDING HIM A
COPY OF THE RESOLUTION, WITH COPIES ALSO BE TO SENT TO MEMBERS OF THE
LEGISLATIVE DELEGATION OF INDIAN RIVER COUNTY.
40
MAY 5 1976 Boos
Im
RESOLUTION NO. 76-31
WHEREAS, The Sebastian Inlet State Park has revolved over
the years into the most used State Park within the State of Florida;
and
WHEREAS, historically Indian River County has worked hand
in hand with the Department of Natural Resources and Cabinet of
the State of Florida in the development of said Park; and
WHEREAS, Indian River County donated its County Park to be
a portion of Sebastian Inlet State Park and at said time agreed
that no fees would be charged for access to the fishing areas; and
WHEREAS, the Cabinet in session on May 4, 1976:
(a) Recognized the valuable contributions made by the
citizens of Indian River County toward the Park's develop -
went over the past fifty (50) years;
(b) Recognized prior agreements by the County Commissioners
of Indian River County with the State of Florida regarding
free access to the fishing areas; and
(c) Recognized the valuable contributions of the citizens
of Indian River County who donated land to further enhance
the Park area;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA That the Board by
this Resolution expresses its appreciation to the entire Cabinet
of the State of Florida for its actions taken on May 4, 1976
regarding the Sebastian Inlet State Park for the continued free
access to the fishing areas within said Park; and
BE IT FURTHER RESOLVED that the Cabinet by its actions has
demonstrated its understanding of local problems and local contributions.
This Resolution shall become effective as of the 5th
day of May , 1976.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN IVER COUN , F Rx1DAa
By w1
Willard W. Siebeft, Jr., rman
OF
Attest:
•
Ralph d1arris, Clerk
1976 Pont
4 , 25
MAY 5 1976
RESOLUTION N0. 76-34 INCREASING THE RATE SCHEDULE FOR NORA
UTILITIES, INC., HAVING BEEN COMPLETED AND RECEIVED, IS HEREBY MADE A PART
OF THE MINUTES AS APPROVED AT THE MEETING OF LARCH 24, 1976.
42
Q:358
RICHARD P. BOGOSIAN
ATTORNEY AT LAW
141t TWENTY-FIRST STREE
VERO BEACH, FLORIDA
32960
L�.
RESOLUTION NO. 76- 34
AMENDING RESOLUTION IN COUNTY COMMISSIONER'S
MINUTE BOOK 6, PAGE 106
WHEREAS, the Board of County Commissioners of Indian
River County, Florida, has on February 3, 1960, adopted a
Resolution in County Commissioner's Minute Book 6, Page 106 and
recorded in Official Records Book 92, Page 533, Public Records of
Indian River County, Florida, known as the "Ixora Utilities Water
and Sewer Franchise", granting a water and sewer franchise to
Ixora Utilities, Inc., a Florida Corporation for servicing the
following territory:
Begin at the Northeast corner of Tract 9, Section 14,
Township 33 South, Range 39 East, thence run West to
the Northwest corner of Tract 12, Section 15; thence
run South to the Southwest corner of Tract 13 of Sec-
tion 22; thence run East to the Southeast corner of
Tract 16, Section 22; thence rum North to the South
boundary of the South Relief Canal; thence meander
Easterly along the South boundary of the South Relief
Canal to a point which intersects with the East boun-
dary of Tract 16, Section 14;thence North to the point
of beginning; all of the above being located in Town-
ship 33 South, Range 39 East, according to the last
general plat of Indian River Farms Company, as shown
in a plat recorded with the Clerk of the Circuit Court
of Indian River County.
WHEREAS, the Board of County Commissioners of Indian
River County, Florida, has received a request in writing from
Ixora Utilities, Inc., for a water rate increase and a sewer
rate increase and
WHEREAS, after public notice and public hearing, the
Board of County Commissioners finds a water rate increase and
a sewer rate increase to be feasible and in the public interest
and that Section 14 of the "Ixora Utilities Water and Sewer
Franchise" should be amended accordingly, and
THEREFORE, be it resolved by the Board of County
Commissioners of Indian River County, Florida that:
1. Section 14 of Ixora Utilities, Inc., is hereby
amended as follows:
MONTHLY WATER RATES
First 4,500 gallons $6.00 minimum per montl
Each additional 1,000 gallons 1.08 per month
�a
RICHARD P. BOGOS1AN
ATTORNEY AT LAW
1415 TWENTY-FIRST STREE'
VERO BEACH, FLORIDA
32460
i
MAY 51976
MONTHLY SEWER RATES j
$ 7.00 per month
Said changes to become effective on April 1, 1976.
IN WITNESS WHEREOF, the Board of County Commissioners of
Indian River County, Florida, has caused this Resolution to be
executed in the name of the County of Indian River by the
i
Chairman of the Board of County Commissioners, and its seal to
be affixed and attested by its Clerk, and adopted on the 24th t
day of March, 1976.
1
f
COUNTY OF INDIAN RIVER, FLORIDA
i
0, A
W/Y.Signed, sealed and BY: IZ, /Y 1777
delivered in the presence of: As i an o t e Boa ,of
County Commissioners
ATTEST:
GL AGO
As
tjolboth PartiWs Ralph HarrZs, Clerk
lftmw
I
i.
t'
THE TRIPARTITE AGREEMENT BETWEEN'THE CITY OF VERO BEACH,
INDIAN RIVER COUNTY AND INDIAN RIVER COMMUNITY COLLEGE IN REGARD TO A
WATER ALLOCATION FOR THE COLLEGE, HAVING BEEN FULLY SIGNED, IS HEREBY
MADE A PART OF THE MINUTES AS APPROVED AT A MEETING OF THE BOARD ON
OCTOBER 8, 1975.
45
L
9;�
L
x
TRIPARTITE AGREEMENT
THIS TRIPARTITE AGREEMENT, entered into this 8th day of
October , 1975, by and between the CITY OF VERO BEACH, FLORIDA,
a municipal corporation of the State of Florida, hereinafter referred
to as the "City"; INDIAN RIVER COUNTY, a political subdivision of
the State of Florida, hereinafter referred to as the "County"; and
the INDIAN RIVER COMMUNITY COLLEGE, hereinafter referred to as the
'College".
WITNESSETH:
WHEREAS, the City and the County entered into an Agreement
dated January 11, 1973, delineating the service areas for the pro-
vision of water and sewer service by the County, within Indian
River County, Florida; and
WHEREAS, the College is now constructing a permanent campus
to serve the needs of the residents of Indian River County on
property within the service area of the County and is in need of
water service; and
0
WHEREAS, the County is neither in a position to supply water
service to the campus, nor is it interested in wholesaling water
service to the new campus; and
WHEREAS, the County wishes to relinquish the area of the
campus site to the City for the provision of water service, the
legal description and survey of said site being attached hereto
and marked as Exhibit "A"; and
WHEREAS, the City wishes to provide water service to the
campus site; and
WHEREAS, the engineers employed by the College have
determined that maximum domestic flow of water is anticipated to
be 31,500 gallons per day; and
WHEREAS, County is agreeable to release an allocation limited
to a maximum of 31,500 gallons per.day with the understanding that
if there is any overage, that overage would not be applied to
County's available allocation from the City; and
WHEREAS, the City, County and College wish to enter into a
Tripartite Agreement pursuant to the provisions of Paragraph
Four (4) of the certain Agreement between the City and the County,
dated January 11, 1973, a copy of said Agreement being attached
hereto as Exhibit "B".
N(W, THEREFORE, in consideration of the foregoing and
the covenants contained herein, the parties hereto agree as
follows:
1. The County hereby releases the property described
in Exhibit "A", attached hereto, from its water service area
as originally set forth in that Agreement between the City and
the County, dated January 11, 1973, attached hereto as
Exhibit "B", and the County further gives its approval to
the City to enter into an Agreement with the College for the
provision of permanent water service to the property owned
by the College and described in Exhibit "A", attached hereto.
2. The City hereby agrees to provide permanent water
service to the College under the terms and conditions of
applicable City Ordinances.
3. The water service provided by the City to the
College shall be considered part of the capacity allocated
to the County at the City's water treatment plant, as provided
and set forth in Paragraph 5 of Annex I of the Agreement
between the City and County, dated January 11, 1973.
4e. That City, County and College agree that County
is releasing up to a maximum of 31,500 gallons per day from
its allocation. In the event the gallonage used by the
..College exceeds 31,500 gallons per day, that increase shall be
the responsibility of City and shall not apply against County's
available allocation.
5. The City and College shall enter into an agreement
to memorialize the terms and conditions of the provision of
v2_
197 _�...ele
iptzjo
1 1
w
said permanent water service by the City to the new campus
site.
IN WITNESS WHEREOF, the duly authorized officials
of the'City, County and College have executed this Tripartite
Agreement in triplicate, any one of which may be deemed an
original, the date and year first above written.
CEOF EA
B
Approved as to form:
(,C,�,.� Attest:
City Attorney Robert B. Weathers, City Clerk
INDIAN RIVER G���Y
By y i
Approved as to form Alma Lee Loy, C airm , Board
of County Commissio rs 3
Attest: �d�/I"`ti�Gadsi
County A t ney Ralph HarrOls, Clerk
I
INDIAN RIVER COMMUNITY COLLEGE
By LL
Chairman of Boarod of Trustees
Attest:
P sident.
Y 5197 e�o�2.5
4Q : 4....
opr
THIS AGREEMENT, entered into between the City of Vero.Beach.- Florida.
L municipal corporation of the State of Florida. hereinafter- referred to as the •:-
' City" and Indian River County. _° a political .subdivision of t ie Smote of Fiorid2;4
hereinafter referred to as the "County": t
• -
'WITNESSETH -
WHEREAS,. -the City now owns. operates, supervises and manages awater
system consisting of wells. water treatment plant.. pumping and storage facilities:' - -'1-
distribution maa'�is service.inains, meters and appurtenances; and • e -''_ - . .
_ _. .,.
"'• - • sand mantises aj - !'f _'
tiyHEREAS,' the City now owns, • operates, supervise. -
sanitary sewage'syste n, -consisting of sanitary sewors, sewage pumpinj* stations. - .r.
• --
..-• -
sewage force mains. sewage treatment plant. outfall line and appurten.•tncds;-and =-
n :_
•
WHEREAS, i�s the intent and purpose of the City toe land. enlarge and
.�
Improve its water system and sanitary sewer system under its 2972 capital improve=
Ment program particularly to increase the treating capacity of its water supply -ind
,treatment facilities as well as the. capacity and degree of treatment of its sewage
treatment plant, all as described in City Ordinance No. f174 adopted by the City
Council on AuC. 6t 1972; hereinafter referred to as '.'Bond Ordinance"; and
-1. -
WFIEREAS, by acceptance of $6. 600, 000, Water and Sewer System Revenue - -
•Bonds. Series 1972, the City has entered into a contract with: the bondholders as
-
more fully described in Official Statement dated October 2, 1972, in addition to ?! _
contracts contained in earlier Ordinances governing pre.'icus bond issues; and
• WiYEiIEAS it is the intent and purpose of the Cou.^ty to construct; o.... _
c e: t maintain, u ;,-,a:.a;2 a a etJ Cd c' .
�� a sup, 2itCi ^i:ilse lti F a$L.ci7'�L_JR a7
�e '
sewage collection system, hereinafter -called the "County's Systeny which system
Is to distribute treated water and collect sewage from certain designated
e
unincorporated areas of Indian River County, including private utilities in the _ I
County, and for.the time period stipulated herein, to receive treated water from the City and deliver ratio sewage to the City's. treatment plant; and -
b.t ..13
MAY 51976 °
Ar
T _ .�
-� ~t the C ar-treafm• • 4 pian : ni `s4w r itrimzh Iaut
W u`�r S ent pI t P
ilL be for• the =utual benefit. of those whom it' serves, it is equitable that the-
ounty pay its fair share of such service by the City, so that the. City's contract
ith the bondholders as set forth in the Bond Ordinance shall not be jeopardized -
the detriment of the City; and-
,�: VYr-iEREAS, the County's progress toward construction of -the County System
as not progressed beyond the preliminary planning and design stage. so that it -
:annot at this tame, state its firm capacity requirements, provide realistic • - =
:onstruction schedules; or demonstrate positive feasibility of the system; and
r
`• VrAEREAS,service area delineations and responsibilities, must be ' - • _ ,:=
.entatively .agreed upon jointly, by the City and County on or before January 15, 1973 r
tis the State of Florida De artment of Pollution Co�itroa " •~ ` - rf
:a satisfy p and the United States
,f •America Evironmental Protection Agency's requirements, in -order to reserve ~` •.
permits to proceed and to maintain the City's eligibility to receive Federal. Grants
covering its expansion program; and' ::.. • -. _' -r - �__- ' _._; .
WHEREAS,, final agreements between the City and County need not be' .. =
readied uniil•Oc�ober 15, 1973 to satisfy requirements of the same Sate and Federal •
f . NOW -T� "FORE in consideration of the mutual. ee � - -• • : .
•> • , -=,. ,• agr muerte set forth .
hereinafter,. the'�rtied do agree°as follows:. ; _ ;.. • - - ' c•. -
*;PURPOSE t
.-wv-This.agreement shall be for the purpose of defini�ig service area delineations1.
= •<
�°'--and general covenants and responsibilities and shall prevail until a final " - '...
t
e agreement of Pumexes to this agreement, in specific detail, shalt b4 entered ' • 's
•, = into at a laser date when the plannina of the County System stial.l have progressed---
'•
beyond ahe-�Aali:�eitil' f??Siv:Il=�� ?':� ilSC:LI stage ar.�i wlCPn the City's Consultizc�
• Engineers shall have reviewed and certified that proposed charges" rates and
• reimbursements will not be in conflict with the Bond Ordinance• o: any future
• . arnendments which may be and can be made to said Bond Or(iir.u'Ge. •e -
s
GENERAL CONCEPT
It is anticipated that water supply and sewage treatment for :` major portion or
. the southern portion of Indica River County kno:=m as R(:. it gene call;
�..
MAY 5 1976
•
/ North o: the South. ulty lino. '1�Tes: oithc
South ®f Forth Nvinter B - i
.- -
:....
_c
f i-9 iacluvi ed
diag the City -.Of Vero Beach.. witl bc: p
- rei
.•'Atlantic Oceaa and East o S
wastewater treatment and disposal facility owned ancL - - -
=:blr a water supply plant. and -
.rated by the City of Vero Beach. The City would sell water :uid sew.. _ _ -• -
4.`!'c -
at agreed-upon charges and rates as stipulated herein. -
services -to the County _
d' t In the early
The County would in turn retail these s
• years. County will endeavour to concentrate effort toward service in the
Region II. Phase I area. - • � _ _
g, OVEiIALL SY TEM RESPONSIBILITIES
esponsibility for a avity sewerage collection systems.
• The County will assume the r b - _ -
i •
'
Ines, and accessories for service areas within
pump stations. transmission l
. y' to transport County sewage to the City treatment plant..
:;the County as necessary _
••' assur-e the re��Oi�Sl�Jtaltjl the water distribution system .
:: • * The County gill also -- .. , .
treatment plant.
...•.within the County and receive treated water from the City
.:�:. The City shall provide a sewage wastewater treatment and disposal facility mid a`'
' adequate to meet both City and County needs.-,
t plant ode --'
••i�.water supply and treatmen p
" �ted to male capital improvements for capacity increases. • -
but shall not be oblige _ - -
•'t" under "'perm of Agreement"• - .. • • � ' - -.,"' "
l` except as hereinafter stated . • _ j -
-- .�
The County and City will cooperate in projecting service area populations wind
• Y developing water and sewerage phase construction proms axis. - .Z._•
�.:'. SERVICE AREA DELINEATION • • a
thin the Ci Limits of Vero Beach. the City shaU. provide
-° • In addition- to the area wi ty -
'..
,,,.•.•
complete water and sewer service to the beach area of the County. bounded by the --
- Northern bound2ry of Indian River Shores as presently constituted. and by the
County line on the h. It is the intent of the County to provide all grater and ' .p
• y sewerservices to the mainland portion of the County, except within areas.where -
° th2 City now (January 1973) provides waxer and sewer service.
.The i•iglxt of the City to .titer into interim agreements far water and/or se:*:er _ --
service,. or both, within areas outside that defined hereinabove for the City. - ?
P.
shall be' subj ect- to approval from the County and tri -partite agree::ients between
the customer. the City and the County shall be entered into, in each such Instance.
5.1976
• �! • � .�� • �. � .STRIBUTIOr• FACILITILS` � :. - � •- �:
5_ °9F' CITY'S
e
'the County, where the City owns 'water distribution -
•: In. the-WiainInn'dportian. of �Y .
• •atoes and supplies water. services only. the City may selr those facilities
a. • t .
to the County, subject to the Bond Ordinance, and within one year after written 's
rice which shall be negotiated. but not more than
request from the County, at a p
_ ..t
•- as determined by the City's Consulting
the present-day replacement cost. _
Engineers, less 3 1/3% depreciation per year from the date* of installation. Since
-•- such a disposition of assets is governed by the Bond Ordinance. a certification
Engineers that the City's ab`;.ity to meet its obligations will i�
• from its ConsuiEing Engin ty''- •:
not be impaired by such sale is a prerequisite to negotiations for the sale..
WA R "D SEWER. LTTERFACES •
::A.Sewerage - ' .,.. .,• o _ ' - - � F
It.is-ated'that the County will construct at its expense all waste transmissioTi = ;•
Tines .and a master meter for delivering County sewage to'the influent structure°:-
�r.. treatment lant site. The City will receive the -waste at -the treatment 1-':- • -•.
s• at the P - r -
.-,plant. ° Periodic meter- calibration checks by the City and the County shall be - _ • • . i
e P rovide all necessary assistance to the County m
-authorized. The City will p - -
° • ��° ali easements rights-of-way, .etc. as required for the County to s
obtaining - _ -
•-install trahs=fission lines and accessories. within the City Iimits aE no a:dense
Ip the City. C-.nership and maintenance responsibilities of the County -installed • ` ,-
facilities wit;.:. the City shall -be decided within the legal framework of the : -
respective gc%ernmentse
B. WATERSt;PPLX
e ' _
•
The Ci will deliver Treated water at a specified pressure to the Coin y on a
metered basis at the water treatment plant. The County shall at its expense ...
• '•liistail a T.Z S:$► ?nc^=aa eia^d tiP.^.S:^,ZiSa;On:: 7i3: `s� i g t..i .::�IiCS.
Periodic meter.call.bration checks by the•Qty and the County shall be authorized: ,. Z:
The City will provide all necessary assistance to the County in obtaining 211 -
.,
-easements. ••rights-of-way, etc. as required for the County to inst2.0 transmission
lines and accessories within the Cit, 1 limits at no expense to the City. {3�vZersl-.ip ,
.,•2nd maintenance responsibllities of the County -installed facilitlhs within the City •', =
shall be decided wit;;in the legal framework of the respective governments.'
Y
51976
° w
Boor 2 F�! $,
N,G 'LSIOUT Or EXI :.Ii
RHS E Z r� LTED BY OTHE116 '• T r e
Lf 4��Tb
• `� ul ated by the State of Florida _
-n order to comply with regulations pram g .. ,: ; . .�.:• .a
. - on` the United States Environmental Pr
otection•~ '_'�••�a�
)Department
of'Pollution Control and. -
�. existing sewage treatment plants. within - • ,.., - _ g
.Agency. jt is essential that a11• - _ - • -
°whetlier under franchised - -
-*Region U. whether privately or municipally owned. - e- . • - -
ed out at the Earliest possible date and services
a, operation or not, be phos - • • - - •• ' •j
• • ' to the County System or directly,
' is be,co;tnected either
provided by such plan _ • : - • . _
e . P
to the City System. ° ° .� - .. a '`• '
L• a - ° °�. - �'� •.•--:•tea
~ exert eve possible effort to accomplish
Both parties her
pledge to ex every P
-Since none of the existing plants are within the City's
centralized operation.- limits or o urisdiction, it would appear that the County, either directly or4. M. '
legal li . r 3 - - •� -
• y ° t •..sem°�«
Orities would be the only agency legally ear- -. .
b� throug specially created Auti�.o , _ ° • ,:. =;
` o the c o:.trol or. acquisition of private pleats. = -
powered to underta.�e - _'-�--:-
:a s'ER;�i OF AGREF'VIEI`71T ° . • • ° . L .;
H' 0.-
• d effect for period of ten years fro:a'
• This agreement shall remain in force an -
7q a the -review hereinafter specified shall cause
• date hereof,. or until such time as - _ ,.•:_ _
' ° ter or terminate. Either party may request.t`ze revietiv
both parties' to modify, • al
.:'hereinafter described : ° _ • • f .
1978, the parties hereto agree to cause an enRineerin - -•�t
Q,z or before January 1, ° _ a _• ' -
report•to bd prepared by their respective Consulting Engineers, reviewing all•- - : =
phases of the operation. to date of the reports, including but not limited to
:- ' t }:- • -
a :: • • a v plants* and probable needs for capital
r A, Capacities ° sewa,e an p • .
modify or increase degree of treatment,- '
a• ° improvements to increase capacity, « i
.-.
or #o comply
latest requirements of regulatory agencies. Federal or.
State having jurisdiction.' : - .• _ - _
B. Recommended capital contribution by the Courty toward capital expansions.
° should need be indicated as above and recommended by the Consultin
Engineers.
Y - 51976
`", 5
P
',-Z
_ -- • future service. based on one -or more of the -
_ C. Develop a program for e - - - -
• fo1lo•,ving concep
joint operation.under a reviseda gr
- _
�• • ° •27,,**,,Geed with water supply or treatment
-4' - �ounrY pro -
••: • _ i' treatment fa sties as a Countyewage . -
.La' p° • b enterprise. c achy then available to the'- r_• ' ' '
City. obviati or reduci = the need for capital -
y a • a .-
expa •on on the City's ;,ehalf-
-+• RATES JLND CHARGES
- -
•
ater° • d —. -
•:A•• ' Bull: Sales «
' 4.
At the end of each City fiscal year, the total cost of producing treated :..�.!
?�•�-'- Bur' the preceding year .will be determined from the Ciiy`s
water ing ° • - -`,
scal•audit report.
". -.:' �_ ' • ` The total yearly +cost wiil consist of the sung of the following items:
"� 4 1 • The debt service (principal and interest payments on a _
�° a-.., ° •=rj - €' principal sum as calculated below on the City's invest—• = --
. _.• `:. • ment in water production and treatment facilities. ._ .
rie ' •4 s'- •t and maintenance costs for water
.. Z
Operation . .
•, '... a and treatment. • -
s�w All oEher costs anchor investments reasonably attriUutableS.
°*' ��'~ •r•. _ • • to the e:cpense of the production of treated water.
e e • •r • - • s divided b the total volume of treated ;.-
;z . The total yearly cosi will then be 1► --
a water produced during -the period of the audit report, Co establish a unit cost. -= _
° - The unit cost multiplied by 10% will establish the monthly charge for _
• •'° ' ■ r+ --i 7 ^ i tea•-' V. a.=k-)L t; az �I'iis'e-a t...w ax
via ter .e �:r`� . r==_.�_ -
' LuiC:aA.��tl oL' .. ti,,0 : ,
n established, -the total charge for water purchased Burin;
year's cost has beethe year will�e adjusted to the actual cost plus 1fl7'o for the°precedin ;year.. and tate -
-
will be credited or debited accordingly. • 4 - •,
County -
• •~ • For the purpose of est,, lHshhig a principal sum for annual debt ser. -ice com-
putatio;is, the value of the City's tivater supply and treatment facilities will
MAY
��� 70
` '^125..^.i: n a •�?^•1L COS: O` ^ aceiv3:t„ g_ @2211= an 4s_3;si33a�!
T ice ba?is fo: e� L.J
of the Countys raw sewage will be identical to that for establishing a. unit cost for
bulk water sales, except for establishing the principal amount of City oblLoafilons _ e
for sewage treatment and disposal and the operation and maintenance costs,, in- _
•cludin,, 1multiplier. ° = • g • ' ' .• .: - -
-?- :u ° -
bp:
MAY 51976
_
• • °
- .rri_—e•�.a.� -YPLL - rr� 61!•x. • � .. ° - • i� ' - _. .•
.}
h
P 371
`..
investment
: consist
capital
of the soon of the ;�a�vinD,.items, and wi11 uacluja ca
_
:
°, well :fields to the paini oidischarge•of treafed•waier
3teaas from-hnd including* ,.• s �; .*
_ :__
4.
y at the clear
well.•
- • _
a••= a replacement value as reported by _
-
°z ; _ :.-
;. 1962 • .
-.`: •:a
• •- - - -"' _ --
• �city.
`= ° '' s Consulting Engineers of all facilitiesCR
_ -
.
•..'•
•
- a•• -
on Janoar � ,'e • '• . , ••.� _ :. ._
. ' y 1, 1963.e
•°
, ° �•
• ` • ' •
° • investments in supply and treatment WOOM
►
Capital
_.
•4 •: • between January. 1, 1963 th rough 1972. -
•°
•• .•. '• •' -• - -'-� - •..
••
%�Y-•- _
„1�v,,•ar
.
_ �w a
w
°` •� c Capital invested under the Capital Improve-
` ...
went Program of 1972,
`
L he sum of a., b.; and c.
Debt service will be computed as follows: T s
. •��' : '-
•
dab
the principal sum irorn•which the debt service will be•caimlated
.
-
o ve
shall•be °
dconstant annual payments 30 year basis at the weighted averaga interest rate'
• a :�• � • •y'e �• •S! °
-
.S• -
• of the
.t i' ._
-•.,-
Citys three outstanding water and sewer bond. issues
-1•2 •
.
6 ° • •
' For the purpose of establishing the annual operation andmaintenance
_
be extracted from the Citys annual audit and will consist
-
costs,
such costs shall
•.a
the following items. The items refer- m the City account aiumbers `
-
the
sum of
• as contained in its audit report. - ° - . ,
_• . ;
:q.. •
_-.
- :.
W500 through W522.11 t - -
:
"- :
`•,' "One half of W523.2 and W524.1
i
W524.11 through W534.11
. -:, ��.• b -
.. "�. F -
�
-
r•.
°
through W552.23 - �
-
one tenth of W920 through W930.14
B. BULLS PRICE FOR SEWAGE TREATMENT AND DISPOSAL _
o • ';
s
` '^125..^.i: n a •�?^•1L COS: O` ^ aceiv3:t„ g_ @2211= an 4s_3;si33a�!
T ice ba?is fo: e� L.J
of the Countys raw sewage will be identical to that for establishing a. unit cost for
bulk water sales, except for establishing the principal amount of City oblLoafilons _ e
for sewage treatment and disposal and the operation and maintenance costs,, in- _
•cludin,, 1multiplier. ° = • g • ' ' .• .: - -
-?- :u ° -
bp:
MAY 51976
_
• • °
- .rri_—e•�.a.� -YPLL - rr� 61!•x. • � .. ° - • i� ' - _. .•
.}
h
P 371
A,
-•computatio' the value of the City's 'sewage treatment and dispos-L lad=«�lc�, w..a4 ; Y
(` capital investment
lowing items, and will includa �1 net• -
consist of the sum of $he f ,
• items from and including the treatment influent structure to the point of discharge
.
..:. • .. outfall. .... ._f:�- y' • _ i
of treated selvage at the
-The capital investment of the apital
A t
1958 C
' . e
Improvement Program less the PL660 grant
' • ` funds received therefor, AND • • - - z' _
` } • • • e • under the 1972 Capital • • • -
, . ° 2. Capital invested •
° '• • Improvement Program, less the PL660 grant'
funds received thereafter. AND • ° .i
• ' ° ° 3. All other costs and/or investments- reasonably attributable :.
• :: r to the expense of the treatment of selrage:'
R .. operation and niainteaance•cost;;, such.
For the purpose of establishing the annual op -
costs sha11 be e=ct='acted from the City
annual audit and will consist of the suns of °
• the following items. • The items refer to the City account number as contained in its
• audit;'report.' ° . _ q :. ° • - . _ . -
° V _ '• One tenth of NVS920 through WS930.14 ° ' = :: •
•� 'r g • ' • '
WS530 through• WS538.24. • - q ... � .. - • . � _ .
r.•.�, . AM
--_!NCE PAYMENTS
• ° The Couz- will deposit with the City an amount equal to the first monthly = -
•r t, payment for bulk water and sewage treatment sales. _: • • $=
.. x • TFIS " GP.EEMENT •_
10. Al -NE- x n ANIv'EXES TO � -
~. hereto agree that this Agreement shall have force and effect. -
•o. The parties he _ • -
only when and if inutual agreement of the following matters shall be included _
• none or more Annexes, appended hereto: • • .
..4 . i • - -
° Construction schee-uses.
Plant capacities to be•r eserved io_. the Ccan ty.
y`
Rates of flog of withdrawal or delivery.
. •f•° tj•e
MAY 51976
P ak flow rovisions.
Standards of sewage acceptability. ,
County ordinances and regulatio;is governing use., '
and .extensions o: Citiand County facilities. -
.. �. ...... �... ..�. .•..n n •� � a ! " :4.:.STi.S N. R•:_QRt�A. X129
i9
e on 5 :372
2_ ,`, + �p THIS AGREEI'iE1'T (Continued)
10.= Ate' IFM OR TERES -
• Acquisition of City facilities. • • • !. • , : - - :-. r-
J.
i• `• a ' • - e a Ac tion of Interim or temporary plants:
q, a !• . -
•. y� • • other mutual or individual responsibilities.
and or spell out in detail• any matters herein
- These Annexes may modify, expand _
-
-' g contained or mentioned, except service areas described In (2) and (4) as set
• •;,-
forth on Pages Z and 3,. or each party's responsibility for phasing e
out.of
•
-
ted within the respective
is loc
a
-; = existing package, `temporay .and small plan_�
ro
.. a •• _ .'�•a
e i.•
•t 1
•` service areas:: .:tr ' .;:. .�':...�ti -3.'� -• .• t -' ..!_, -
..,; •�• .•rb ,,: tea;• ,,...,.: • -- :.:�� •:•..'•.,- -
:t ►• �. .. • • .,t,' Pt .. rte•„• • } ' •,4 •- , '�r � ; • .:yt.... .•� � -• : � • - _ -• �. e;
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r :•••; ai
•_«^� ° a•'„• 4.t..0 .j�r�r "�. ..a• a $,•. '• '+.. '•. �.s •re °•a � i.ie
' -•.i: a -.• e• � t r •.• •'r .• '•!i'• •�•. :••! ...... N •.•-:,• a• '..•-:.' s-: :' . '..-.-�:�-�y
e �J a ..r•.��• ;S4-s• `� r �•-L.'�..i. ''• '�'''1i ''•."a:.-� d. 'r •. ..�'� � ... • :_ a••�` •t `�•'+�,i"sti
��: �r •, i• •�Y -2.}' .. Y«. •••: � .. •• 'e i-+'e •t'r `a-'.ej'¢• •• �:. sr-e••• ••' •�-~ S
4
• •e • •i •ae' i' •••i'• •w• ~ �: +tip
a .L• 't •F i
°i - ; •�- .. 's .: a • ter. _ --:
' ••i , 2. •.. 212 ' _
Sa ' .. Is~•'�i • L!i'i 'r t . ,i o iM1 : f• t .r •• •_t .� i ' • y - ' �'..
. �. ••,y •.• • �.- w . . '2 .' .. a .t e - . t' � ' - � - . .. • • _ -...
• S• •••.. e . •; a •ee t' • • a ems. •' •'i2. • • � '•• •t � •' + •• �-•-. -,' �-'
Y, 51976;1?
5.,
R
r'IZEOF, the duly 2uthorized - rici. Is of t`:e City of _
•.-. Vero Beach, Florida, ars the County of Indian River, have executed this Agreement .
a•�`- ° dap • '� � a �7�0► .• 1973: ° .,: , .• ... � •._
`� . CITY OF VERO BEACE, FLORIDA
B (��-i A
%ATTEST:
° • -= a .. •Mayor
• 1City clexx .. '
(SEAL) - e _� • '-
APPROVED AS TO FORM: ° • °`• ' .- .:. • " .
f.1:j tsLiOr ej'
• eP ° City of Vero Beach0000
.
• a. •.•' ep INDIAN RIVER CO LC3AiDn • _s
Chalrrmn
.. County Commissioners
"ATTEST: . • _ _ a
•: /�.,.� Cosnty C erg
e'. (SEAL)( • !r - 1' ° .`r ' • e ' r T . - y ..� c .. _ • �•
•' • APPROV G J AS TO 'FORM: _ • . - - _
•�-e-
County ctorney • - ° > • o '
Indian River County • .. .
1' ' elo� -• •
o
Y 51916 � � �
aoo� 25 �a . 3" s
QUIT -CLAIM DEED TO THE COUNTY BY CLEON W. GAIDRY AND DEON
GAIDRY ROWE, HAVING BEEN REVIEWED BY THE ATTORNEY, FULLY EXECUTED AND
RECORDED, IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT A MEETING
OF THE BOARD ON NOVEMBER 19, 1975.
MAY 5 1976
It QUIT -CLAIM DEED
..
RAMCO FOR1ID
This Oult-flaim Dted, Executed this Z f" day of �2�-e�i . A. D. 1976 , by
CLEON W. GAIDRY and DEON GAIDRY ROWE
first party, to
INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the
ST�TE FLORIDA
whose posto tce a ress is
second party:
(Wherever used herein the lens "first party" and "second party" shall include singular and plural, heirs, legal
npresentatives, and assigns of individuals, and the successors and assigns of corporations, wherever the context
so admits or requires.)
Vitnesseth, That the said first party, for and in consideration of the sum of $10.0 0
in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, re-
lease and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which
the said first party has in and to the following described lot, pi ;c or parcel of land, situate, lying and being
in the County of Indian River State of Florida , to -wit:
The East 25 feet of Tracts 9 and 16, Section 13,
Township 33 South, Range 38 East in accordance
with the Last General Plat of Lands of the Indian
River Farms Company Subdivision, filed in Plat Book 2,
page 25, in the office of the Clerk of the Circuit
Court of St. Lucie County, Florida; said land now lying
and being in Indian River County, Florida; same being
the West 25 feet of the East 75 feet of that part of
Section 13, Township 33 South, Range 38 East lying
within said Tracts 9 and 16.
Subject to all easements, restrictions and reservations
and.dedications and rights-of-way of record.
To Haut and to Mold the same together with all and singular the appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what-
soever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said
second party forever.
n ltneSS Iffiertof.. The said first party has signed and sealed these presents the day and year
first above written.
Signed, sealed and delivered in presence of:
W
EON W./''�� DR '�
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized is the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
........ I AEON W. GAIDRY and DEON GAIDRY ROWE
rge.krwtTk.tp, be the persons described in and who executed the foregoing instrument and they acknowledged
v gel �t� that .they executed the same.
WItt1N35: i bastd and official seal in the County State last aforesaid this a f'�� day of
i A. D. 19 76.
1ffZ y -Public, State of -Florida a
Large My commission expires:
rt0^ nti �� '�2-5-7Y
This hxmmettt prepared by:
Addreu
Prepared by
GEORGE G. COLLINS, )R.
BURCH, COLLINS & BRO%'vl!',l
P. 0. Box 3686 - 744 Beachland Blvd,
Vero Beach, Florida
4W
0
tra
x
CA
y
C7
IQ
U
Asa
tom.,
A&
0
yam{ 6
'A
I
LDOCU:AcNTARY: :+.,: STAMP TAXI -�
oz
DEPT.OF REVENUE ' �:y
Z S Z E Z O
M=e� - r- -
= tU1Tti Q 3 O
3'
,= P.B.
= 18523
NDIaN RIPER
N
COUNTY
To Haut and to Mold the same together with all and singular the appurtenances thereunto
belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what-
soever of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said
second party forever.
n ltneSS Iffiertof.. The said first party has signed and sealed these presents the day and year
first above written.
Signed, sealed and delivered in presence of:
W
EON W./''�� DR '�
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized is the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared
........ I AEON W. GAIDRY and DEON GAIDRY ROWE
rge.krwtTk.tp, be the persons described in and who executed the foregoing instrument and they acknowledged
v gel �t� that .they executed the same.
WItt1N35: i bastd and official seal in the County State last aforesaid this a f'�� day of
i A. D. 19 76.
1ffZ y -Public, State of -Florida a
Large My commission expires:
rt0^ nti �� '�2-5-7Y
This hxmmettt prepared by:
Addreu
Prepared by
GEORGE G. COLLINS, )R.
BURCH, COLLINS & BRO%'vl!',l
P. 0. Box 3686 - 744 Beachland Blvd,
Vero Beach, Florida
4W
0
tra
x
CA
y
C7
IQ
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Asa
tom.,
A&
0
THE AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE LAW FIRM
OF BURCH, COLLINS, BROWN & VAN DE VOORDE IN REGARD TO THE SALARY OF THE
COUNTY ATTORNEY, HAVING BEEN FULLY SIGNED, IS HEREBY MADE A PART OF THE
MINUTES AS APPROVED AT THE MEETING OF APRIL 21, 1976°
62
P
MAY 51976
AGREEMENT ,
THIS AGREEMENT, made and entered into the _day of
APRIL , 1976, by and between INDIAN RIVER.COUNTY,
hereinafter called "COUNTY", and the Law Firm of BURCH, COLLINS,
f
BROWN & VAN DE VOORDE, hereinafter called "ATTORNEY"; their 11
heirs, successors and assigns;
WITNESSETH:
For and in consideration of mutual promises the parties
s'
hereto agree as follows:
to COUNTY and ATTORNEY agree that COUNTY will pay the
presently budgeted County Attorney fee as a retainer to
't
ATTORNEY. In addition thereto, on outside projects that
f
are worked on by ATTORNEY an additional charge may be made
in the amount of FORTY FIVE ($45.00) DOLLARS per hour. At: �
i
the present time the additional projects that are now
recognized would be the Parc Acquisition, PUD, Master Plan,
f
Comprehensive Land Use Plan, and other projects as agreed
between the parties.
2. It is understood between COUNTY and ATTORNEY that
R
the annual charge will not exceed TWELVE THOUSAND ($12,000.00)
DOLLARS unless agreed to by the parties.
IN WITNESS WHEREOF, the parties hereto have hereunto
set their hands and seals the day and year first above written.
Signed, sealed and delivered
in the presence of: BURCH, COLLINS, BROWN &
VAN DE VOORDE
BY
As t Attorney
INDIAN .RIVER OU/ Y
/zL44 1117
By ;
I
IM
THE FOLLOWING DOCUMENT HAVING BEEN FULLY SIGNED IS HEREBY
MADE A PART OF THE MINUTES°
FLORIDA GIVII, UEFt,N3:
3URPLUS-PROPLIM GU' UD
INDIAN RIVEa COUNTY
j VITRO BEACH, FLORIDA
SURPLUS PROPERTY AGENT CERTIFICATION
State of Florida
4
d
County (City) of Indian River County,
S. Lee Nuzie is the legally constituted Director of Civil
o Defense for this County (City). He is authorized to receive Donabl.e
Surplus Property for Civil Defense purposes in behalf of Indian River
County (City). Further, he is authorized to execute documents relative
to the acquisition, use, payment for and disposition of surplus pro-
perty as may be required.
Alternate Surplus Property Ament, designated below, is authorized to
perform the same duties as stated above (Not to exceed, one in number).
1. S. Lee Nuzie ,v �
' Signed:
DIRECTOR O40ilv],rDEFENSE
0
.. i•
Signed: signed.
CHAI, ►N BOA COM ISS ONE v /
DATE: -May 5, 1976
For Use By State Office of Civil Defense
The Indian River County Civil Defense is the official organization
pursuant to'state law as beinc- responsible for the Civil. Defense
program for Indian River County. It has an assivned Civil Defense
mission in accordance with its state approved emergency operational
plan and has met all OCD, DOD and State eligibility requirements and
compliance with Title VI of the Civil Rights Act of 1965.
64
51976
7.1
MAY 5 1976
CHAIRMAN SIEBERT STATED THAT HE IS NOT PREPARED TO RECOMMEND
AN APPOINTMENT TO THE BOARD OF ADJUSTMENT AT THIS TIME AND WISHES TO ADD
THIS ITEM TO THE AGENDA FOR THE NEXT MEETING.
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: TREASURY FUND NOS. 51619 - 51730
INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE
CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE
FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES
OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED
BEING MADE A PART OF THESE MINUTES.
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND
CARRIED, THE BOARD ADJOURNED AT 4:55 O'CLOCK P.M.
ATTEST:
CLER AIRMAN
65
�{] 2[-
1 �