HomeMy WebLinkAbout8/18/1976q
WEDNESDAY, AUGUST 18, 1976
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY,
AUGUST 18, 1976, AT 8:39 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, JR.,
VICE-CHAIRMAN; ALMA LEE Loy; EDWARD J. MASSEY; AND EDWIN S. SCHMUCKER,
ABSENT WAS WILLARD W. SIEBERT, JR., CHAIRMAN, WHO WAS OUT OF TOWN ON VACA-
TION. ALSO PRESENT WERE .JACK Go JENNINGS, COUNTY ADMINISTRATOR, L. S.
"TOMMY" THOMAS, COUNTY COORDINATOR; GEORGE r. COLLINS, JR., ATTORNEY TO THE
BOARD OF COUNTY COMMISSIONERS; JACK HOCKMAN, FINANCE OFFICER; AND VIRGINIA
HARGREAVES, DEPUTY CLERK.
THE VICE CHAIRMAN CALLED THE MEETING TO ORDER,
ATTORNEY COLLINS LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND
REVEREND GEORGE LABARRE OF TRINITY EPISCOPAL CHURCH GAVE THE INVOCATION.
THE VICE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE REGULAR MEETING OF AUGUST 4, 1976.
VICE CHAIRMAN WODTKE REQUESTED THAT ON PAGE 1,, PARAGRAPH 6, HIS
NAME BE CORRECTED FROM "WODTEK" TO "WODTKE."
VICE CHAIRMAN WODTKE REQUESTED THAT ON PAGE 13, PARAGRAPH Z, THE
MOTION BE CORRECTED TO READ: "....UNANIMOUSLY AGREED TO ADD THE EMERGENCY
ITEM...."
VICE CHAIRMAN WODTKE ASKED THAT ON PAGE 78, PARAGRAPH 4, THE BLANK
SPACE IN THE FIRST SENTENCE BE FILLED IN WITH THE WORD "BOARD."
THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER Loy,
SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MIN-
UTES OF THE REGULAR MEETING OF AUGUST 4, 1976, AS WRITTEN,
THE VICE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE SPECIAL MEETING OF AUGUST 5, 1976. THERE WERE NONE.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF AUGUST
5, 1976, AS WRITTEN.
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q ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
MASSEY, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION FOR A PERMIT TO CARRY
A CONCEALED FIREARM OF ROGER RYBACKI.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
MASSEY, THE BOARD UNANIMOUSLY APPROVED THE APPLICATIONS FOR RENEWAL PERMITS
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TO CARRY A CONCEALED FIREARM OF THE FOLLOWING:
ALFONSO ALBERT BALCH
JOHN KELEMAN
MARGARET DIXON
THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE
OFFICE OF THE CLERK:
GENERAL REVENUE SHARING ACTUAL USE REPORT
INDIAN RIVER COUNTY WELFARE DEPARTMENT, JULY
REPORT OF INSPECTION - INDIAN RIVER COUNTY CORRECTIONAL
INSTITUTION (7/19/76)
REPORT OF CONVICTIONS, COUNTY COURT, JULY 1976
REPORT OF CONVICTIONS, CIRCUIT COURT, JULY 1976
DANA HOWARD OF CARTER ASSOCIATES, INC., APPEARED REPRESENTING
MRS. HAL RRIDWELL IN REQUESTING TENTATIVE APPROVAL OF PADGETT TERRACE SUB-
DIVISION. MR. HOWARD NOTED THAT THIS TEN ACRES IS BEING SUBDIVIDED INTO
FOUR LARGE LOTS AND STATED THERE WILL BE 35' OF .RIGHT OF !!AY FOR THE rOUNTV
AT THE NORTH END OF THE SUBDIVISION, IN THE EVENT 40TH STREET'EVER COMES
THROUGH$'
VAL BRENNAN, COUNTY PLANNER, INFORMED THE BOARD THAT WHEN THE NEW
NUMBERING AND NAMING SYSTEM IS WORKED OUT, 40TH STREET WILL ACTUALLY BECOME
39TH STREET.
VICE CHAIRMAN WODTKE INQUIRED ABOUT THE RIGHT OF 14AY AT THE SOUTH
END OF THIS PROPERTY ON BARBER AVENUE (37TH ST.)
MR. HOWARD ANSWERED THAT THE ORIGINAL RIGHT OF WAY AT THE SOUTH
END IS 30' AND NOWHERE ALONG 37TH STREET IS THERE AN ADDITIONAL 20' RIGHT OF
WAY GIVEN. HE CONTINUED THAT MRS. RRIDWELL WILL, AT THE REQUEST OF THE
COUNTY AT SOME FUTURE DATE, GIVE THE ADDITIONAL 20', BUT RIGHT NOW SHE
WOULD LIKE TO HOLD ON TO IT BECAUSE THERE ARE SOME LOVELY TREES !ON IT.
COMMISSIONER MASSEY POINTED OUT THAT MRS. RRIDWELL MIGHT NOT OWN
THIS PROPERTY LATER ON IF THE LOTS ARE SOLD.
ADMINISTRATOR JENNINGS*NOTED THAT HE. HAS EXPLAINED TO MRS. RRIDWELL
THAT ITIS COUNTY POLICY TO GET THE EXTRA 20' RIGHT OF 14AY AS 50' IS NEEDED
FOR STREETS- 30' IS NOT ENOUGH - AND ALSO TOLD HER THAT WE WOULD NOT TAKE
AUG 18 1976
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DOWN ANY TREES IF WE DIDN'T HAVE TO. ADMINISTRATOR JENNINGS RECOMMENDED TO
THE BOARD THAT WE STAY WITH THE PRESENT POLICY OF OBTAINING THE RICHT OF WAY
BEFORE THE SUBDIVISION GOES ON RECORD. j
MRS. BRIDWELL APPEARED AND INFORMED THE.BOARD THAT THEY HAVE LIVED i!
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ON THE FRONT FIVE ACRES FOR 20 YEARS AND ARE ONLY CHANGING OWNERSHIP WITHIN
THE FAMILY SO HER SON CAN BUILD A HOUSE THERE. SHE NOTED THAT HER MOTHER
INTENDS -TO SELL THE TWO LOTS ON THE BACK FIVE ACRES OFF COMMERCIALLY, AND i
IF SHE WERE SELLING ALL THE LOTS, SHE WOULD BE CLAD TO GIVE THE RICHT OF !SAY.
MRS. BRIDWELL CONTINUED THAT THE PROPERTY IN THE FRONT WITHOUT BEING SUB-
DIVIDED MEETS ALL THE COUNTY CRITERIA FOR BUILDING,
ATTORNEY COLLINS NOTED THAT THE COUNTY WILL NEED THIS RIGHT OF YAY
AT SOME PERIOD IN TIME, AND IF IT IS NOT OBTAINED NOW,.IT WILL BE BOTH EX-
PENSIVE AND TIME CONSUMING TO GET IT LATER.
COMMISSIONER MASSEY POINTED OUT TO MRS, BRIDWELL THAT SHE WOULDN'T
HAVE TO WORRY ABOUT THE TREES BEING REMOVED FROM THE RICHT OF WAY UNTIL THE
ROAD WAS ACTUALLY GOING TO BE PAVEDe WHICH IS LIKELY TO BE QUITE SOME TIME
IN THE FUTURE,
MRS, BRIDWELL NOTED THAT SOME FUTURE BOARD MIGHT WANT TO CLEAR
THE RIGHT OF WAY AND ALSO NOTED THAT THERE IS NO OTHER DEDICATED RICHT OF
WAY ON BARBER AVENUE AT THIS TIME,
COMMISSIONER Loy POINTED OUT THAT THERE UNDOUBTEDLY WILL BE IN j
THE FUTURE, AND A REQUIREMENT FOR THE APPROVAL OF THE PLAT IS THE GIVING OF i
THE 20' RIGHT OF WAY.
COUNTY PLANNER BRENNAN STATED THAT IF THIS PLAT SHOULD BE APPROVED
WITHOUT DEDICATION OF THE RIGHT OF WAY, THE NEXT DEVELOPER WHO COMES ALONG
WILL EXPECT TO BE TREATED THE SAME WAY, HE ALSO NOTED THAT IF THE RIGHT OF
WAY IS NOT OBTAINED NOW, THE OWNER OF THE PROPERTY CAN SET BACK 25' FROM
THE PRESENT RIGHT OF WAY LINE, AND WHEN THE ROAD IS EVENTUALLY WIDENED, THEY
WOULD BE ONLY 5' BACK FROM THE NEW RIGHT OF WAY LINE.
MRS, BRIDWELL STATED THAT IT IS THEIR INTENT TO BUILD THE HOUSE
AT LEAST 100' BACK FROM THE ROAD.
DISCUSSION FOLLOWED IN REGARD TO THE POSSIBILITY OF A PRIVATE
EASEMENT STATING THAT IT WILL NOT -BE REQUIRED BY THE COUNTY UNTIL A CERTAIN
TIME,
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AUG 18 1976
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ATTORNEY COLLINS TOOK THE POSITION THAT THE BOARD SHOULD FOLLOW
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EXISTING POLICIES.
MRS. RRIDWELL PRESENTED PICTURES OF THE TREES SHE IS CONCERNED
ABOUT AND NOTED THAT IF THESE WERE REMOVED, THEY WOULD LOSE THEIR PRIVACY.
SHE THEN ASKED IF THERE IS ANY WAY TO SUBDIVIDE ONLY THE BACK PART OF THE
PROPERTY AND LEAVE THE FRONT AS IT IS.
DISCUSSION ENSUED AS TO WHETHER THE ACREAGE ON 37TH STREET COULD
BE BUILT ON WITHOUT BEING SUBDIVIDED, AND DANA HOWARD NOTED THAT THE PROP-
ERTY WAS ORIGINALLY BOUGHT.AS A TEN -ACRE PARCEL AND SO WOULD BE TWO OR MORE
LOTS, WHICH REQUIRES A SUBDIVISION. MR. HOWARD ASKED IF THE COUNTY COULD
GIVE°ANY GUARANTEE THAT NOTHING WILL BE TOUCHED UNTIL THE RIGHT OF WAY IS
USED FOR ROAD PURPOSES,
COMMISSIONER Loy STATED THAT WE CAN ONLY GIVE THE SAME ASSURANCE
-THAT IS GIVEN TO EVERYONE ELSE, THAT THE RIGHT OF WAY I'S SET ASIDE FOR ROAD
PURPOSES AND, UNTIL IT IS ABSOLUTELY NECESSARY, IT WILL NOT BE USED,
ADMINISTRATOR JENNINGS STATED THAT IT IS NOT COUNTY POLICY TO
REMOVE TREES, BUT IT IS COUNTY POLICY TO ACQUIRE RIGHTS OF WAY, BE CON-
TINUED THAT THERE IS NO IMMEDIATE PROJECTION FOR THIS ROAD, AND /ICE CHAIR-
MAN WODTKE AGREED, STATING THAT, BARRING A GREAT DEVELOPMENT OF THIS AREA,
HE DOUBTED IT WOULD BE PAVED.WITHIN THE NEXT 20 YEARS,
DISCUSSION FOLLOWED IN REGARD TO 40TH STREET BECOMING 39TH STREET,
AND IT WAS AGREED THAT IT WOULD BE BETTER TO CHANGE ALL THE ROAD NAMES AND
NUMBERS AT ONE TIME.
MRS. BRIDWELL ASKED IF THE REQUIREMENT OF THE DEDICATION OF A 20'
RIGHT OF WAY IS ACTUAL LAW OR JUST POLICY.
ATTORNEY COLLINS STATED THAT IT IS LEGAL BECAUSE IT IS THE DUTY
OF THE COUNTY TO ASSURE AN EVEN TRAFFIC FLOW, AND THEY MUST LOOK TO THE
FUTURE NEEDS OF THE COUNTY.
ADMINISTRATOR JENNINGS FURTHER POINTED OUT THAT UNDER THE COUNTY'S
SUBDIVISION REGULATIONS, THE MINIMUM WIDTH REQUIRED FOR STREETS IS 50', AND
THIS WOULD ONLY BE 30' WITHOUT THE ADDITIONAL 20' RIGHT OF i!AY.'
MRS. BRIDWELL ASKED IF TENTATIVE APPROVAL IS GRANTED, IS IT STILL
POSSIBLE TO WITHDRAW, AND SHE WAS ASSURED THAT SHE COULD WITHDRAW ANY TIME
AUG 18 1976
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WITHIN"A YEAR. SHE THEN AGREED TO GO AHEAD WITH THE REQUEST FOR TENTATIVE
APPROVAL FOR EXPEDIENCY`S SAKE.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO PADGETT TERRACE SUBDI-
VISION, NOTING THAT 39TH STREET AS SHOWN AT THE END OF THE DEVELOPMENT IS
ACTUALLY.40TH STREET AT THE PRESENT TIME, AND THAT THE NORMAL PROCEDURE OF
THE OWNER'S DEDICATION OF A 20' RIGHT OF WAY TO THE COUNTY IS TO Bc FOLLOWED.
DANA HOWARD APPEARED REPRESENTING VIC PALISANO IN REQUESTING
FINAL APPROVAL OF SUN VILLA NEST ADDITION AND STATED THAT THIS IS ADDING
TWO LOTS TO THE ORIGINAL SUBDIVISION. HE ALSO NOTED THAT THERE WAS A
DRAINAGE PROBLEM WHICH HAS BEEN SOLVED.
COMMISSIONER SCHMUCKER ASKED WHY THE EASEMENTS ARE NOT DEDICATED
ON THE PLAT.
ADMINISTRATOR .JENNINGS POINTED OUT THAT THIS IS A PRIVATE ROAD
SUBDIVISION, AND THE STATEMENT APPEARS ON THE PLAT THAT THESE EASEMENTS WILL
BE DEDICATED AT SUCH TIME AS THE COUNTY REQUIRES THEM. ALL PLATS OF RECORD
WITH PRIVATE ROADS HAVE THIS SAME STATEMENT. HE NOTED THAT THIS DOES
PRESENT A PROBLEM FOR THE UTILITY COMPANIES AND FELT THAT POSSIBLY IN THE
FUTURE THIS SHOULD BE AMENDED IN SOME WAY. HE FURTHER NOTED THAT IF WE DO
TAKE THESE EASEMENTS, WE HAVE TO TAKE OVER THE DRAINAGE RESPONSIBILITIES,
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
MASSEY, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL TO SUN VILLA !'BEST
ADDITION.
WILLIAM MCCLURE, SUPERINTENDENT TO THE INDIAN RIVER COUNTY SCHOOL
BOARD, AND WALTER KOWALL APPEARED IN REGARD TO THE D.O.T,'S RECOMMENDED IM-
PROVEMENTS TO STATE ROAD 512 AT THE NEW MIDDLELJUNIOR HIGH SCHOOL, SUPER-
INTENDENT MCCLURE INFORMED THE BOARD THAT THE D.O.T. IS RECOMMENDING THAT
THE ROAD, WHICH IS VERY NARROW AT THIS POINT, BE WIDENED, THE DITCHES RE-
LOCATED, AND HOLDING LANES AND LEFT -TURN LANES PROVIDED,
SUPERINTENDENT MCCLURE REPORTED THAT THE D.O.T,'S PROPOSED PLAN
WAS PRESENTED TO THE SCHOOL BOARD ON AUGUST 9TH, AT WHICH TIME THEY APPROVED
IT AND ASKED HIM TO MEET WITH THE COUNTY COMMISSIONERS AND•REQ UEST THEIR
APPROVAL AND COOPERATION.
VICE CHAIRMAN WODTKE ASKED THE ADMINISTRATOR IF THERE IS SUFFICIENT.
RIGHT OF WAY,
AUG 18 1976
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ADMINISTRATOR JENNINGS SAID HE HAD DISCUSSED THIS WITH JOHN
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GOODKNIGHT AND OTHER OFFICIALS OF THE D.O,T., AND THEY INDICATED THERE_IS
SUFFICIENT RIGHT OF WAY. HE NOTED THAT THIS IS A PRIMARY ROAD, BUT IT CAN
BE WORKED OUT SO THAT THE COUNTY.CAN DO THE ACTUAL PHYSICAL WORK AND THE
STATE WILL DO THE DESIGN AND THE FIELD ENGINEERING, AS WELL AS THE STRIPING.
HE CONTINUED THAT THE MAJOR PROBLEM IS MONEY, AND NOTED THAT IF IT WERE
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PUT IN AS A PRIMARY PROJECT, IT WOULD.HAVE TO BE, SUBMITTED TO TALU.HASSEE
AND CONTRACTS LET. IF THE COUNTY CAN DO THE WORK ALONG WITH THE SCHOOL
BOARD, IT WILL TAKE THE FINANCIAL RESPONSIBILITY OFF THE STATE AND WILL
ALSO RESULT IN IT BEING BUILT MUCH LESS EXPENSIVELY AND MUCH MORE QUICKLY.
DISCUSSION FOLLOWED AS TO DATES, AND SUPERINTENDENT MCCLURE STATED
THAT BIDS ON THE SCHOOL CONSTRUCTION ARE TO BE RECEIVED SEPTEMBER 16TH.
VICE CHAIRMAN WODTKE ASKED WHAT THE TIME FRAME IS FOR THIS PAR-
TICULAR WORK, AND SUPERINTENDENT MCCLURE STATED THEY NEED A TEMPORARY ROAD
PUT IN FOR CONSTRUCTION, SERVICE TRUCKS, ETC,
THE VICE CHAIRMAN ASKED IS YOUR REQUEST FOR ASSISTANCE ON THE
CONSTRUCTION OF THE TEMPORARY ROAD?
SUPERINTENDENT MCCLURE STATED THAT THEY HAVE NOT DISCUSSED THE
TEMPORARY ROAD, BUT POSSIBLY WOULD REQUEST THIS LATER. WHAT IS UNDER DIS-
CUSSION IS THE D.O.J.°S PROPOSAL BEFORE THE SITE CAN BE APPROVED, HE CON-
TINUED THAT THE ANTICIPATED CONSTRUCTION PERIOD FOR THE SCHOOL IS A YEAR TO
15 MONTHS, BUT THEY WILL ATTEMPT TO HAVE THE SCHOOL READY FOR OCCUPANCY IN
SEPTEMBER OF 1977.
COMMISSIONER Loy ASKED IF THE SCHOOL BOARD IS PREPARED TO HANDLE
THE EXPENSE OF THE RECOMMENDED IMPROVEMENTS TO STATE ROAD 512 TOGETHER WITH
THAT OF THE TEMPORARY ROAD IN TO THE NEW MIDDLE7JUNIOR HIGH SCHOOL.
SUPERINTENDENT MCCLURE REPLIED THAT HE FELT THIS WOULD BE THE
SCHOOL BOARD'S RESPONSIBILITY, AND IF THE COUNTY WOULD'COOPERATE AND DO THE
WORK, HE WOULD EXPECT THE COUNTY TO BILL THE SCHOOL BOARD FOR COSTS AND TIME,
VICE-CHAIRMAN WODTKE NOTED THAT IT WOULD BE A GOOD IDEA IF THE
TEMPORARY ROAD WERE LOCATED SO THAT IT CAN BE UTIL.IZED-LATER, AND IT WAS
AGREED THAT THE UTILITY ROAD SHOULD BE BUILT SO AS TO SUPPORT THE PERMANENT
STRUCTURES. ^
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VICE CHAIRMAN WODTKE INQUIRED AS TO THE LEVEL OF PARTICIPATION
THAT MIGHT BE EXPECTED FROM THE COUNTY ON A COST BASIS.
SUPERINTENDENT MCCLURE SAID THIS HAD NOT BEEN DISCUSSED EXCEPT
AS TO THE POSSIBILITY OF USING SECONDARY ROAD FUNDS,
ADMINISTRATOR JENNINGS SAID THAT HE HAD NO COST ESTIMATES SO FAR,
HE AGAIN NOTED THAT, ALTHOUGH THIS IS A PRIMARY ROAD, THE STATE. SEEMS AGREE—
ABLE TO TRY TO WORK WITH EVERYBODY ON THIS AND HAVE INDICATED THAT SECONDARY
ROAD FUNDS COULD BE USED ON THIS PROJECT.
COMMISSIONER LOY ASKED IF THE SCHOOL BOARD COULD POSSIBLY SPLIT
THE COST ON A 50/50 BASIS.
SUPERINTENDENT MCCLURE STATED THAT HE FELT THE SCHOOL BOARD WOULD
BE RECEPTIVE TO WHATEVER THE COUNTY THINKS IS FAIR AND JUST.
THE ADMINISTRATOR STATED HE HAD NO WAY TO FIGURE THE COST AT THIS
TIMEp BUT POINTED OUT THAT THE COUNTY COULD DO IT FOR LESS MONEY THAN IF
IT WENT THROUGH B.C,Ta CHANNELS. HE POINTED OUT THAT THE ROAD WILL HAVE TO
BE BUILT TO PRIMARY ROAD SPECIFICATIONS, BUT ALSO NOTED THAT IT WILL BE
GIVEN BACK TO US SOME DAY,
VICE CHAIRMAN WODTKE INFORMED SUPERINTENDENT MCCLURE THAT HE WOULD
LIKE THE SCHOOL BOARD TO UNDERSTAND THAT WE DO APPROVE THE D A T.'S RECOM—
MENDATIONS AND WILL PARTICIPATE WITH THE SCHOOL BOARD; WE HAVE MENTIONED
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THE POSSIBILITY OF 50/50 PARTICIPATION, BUT UNTIL THE ADMINISTRATOR CAN
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CHECK OUT COSTS AND GET US SOME FIGURES, WE CANNOT BE MORE SPECIFIC. HE
NOTED THAT THE COUNTY HAS IN THE PAST COOPERATED WITH THE SCHOOL BOARD AND
THOROUGHLY INTENDS TO PARTICIPATE WITH THEM ON THIS PARTICULAR PROJECT,
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SUPERINTENDENT MCCLURE REPLIED THAT HE WOULD RELAY THIS INFORMA—
TION TO THE SCHOOL BOARD, AND AFTER THE DAT, AND THE ADMINISTRATOR DETER—
MINE THE COST, WILL PRESENT IT TO THE SCHOOL BOARD AND FEELS THEY WILL PAR—
TICIPATE ON A 50/50 BASIS.
VICE CHAIRMAN WODTKE NEXT DISCUSSED A LETTER RECEIVED BY THE
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ADMINISTRATOR LAST FRIDAY FROM THE SCHOOL BOARD REQUESTING THAT THE COUNTY
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TRANSPORT NEW FIRE ESCAPES TO THE FELLSMERE SCHOOL AND HAVE A COUNTY CRANE
AT'THE SCHOOL SITE TO HELP WITH THE •INSTALLATION.
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ADMINISTRATOR KENNINGS INFORMED THE BOARD THAT DUE TO THE EMER—
GENCY NATURE OF THIS REQUEST AND THE FACT THAT THESE FIRE ESCAPES HAD TO BE
TRANSPORTED ON MONDAY, AUGUST 16TH, THE MATTER HAD ALREADY BEEN TAKEN CARE OF.
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SUPERINTENDENT MCCLURE STATED THAT THE SCHOOL BOARD WILL BE GLAD
TO REPAY THE COUNTY FOR THEIR EXPENSE.
DON ADAMS, CITY—COUNTY BUILDING DIRECTOR, APPEARED IN REGARD TO
A PROPOSED NEW FEE SCHEDULE. HE NOTED THAT THE REVISED FEE SCHEDULE WHICH
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WAS APPROVED BY THE COUNTY IN DECEMBER OF 1975 WAS SIMPLY A STOP—GAP
MEASURE TO KEEP HIS DEPARTMENT FROM GOING INTO THE RED. MR. ADAMS STATED
THAT HE AND CITY MANAGER LITTLE HAD WORKED TOGETHER TO TRY AND COME UP WITH
A FEASIBLE FEE SCHEDULE THAT WOULD MAKE THE DEPARTMENT SELF—SUFFICIENT.
HE ALSO STATED THAT THE SCHEDULE HE IS ASKING THE BOARD TO ADOPT IS THE SAME
FEE SCHEDULE THAT IS BEING RECOMMENDED TO THE CITY COUNCIL; ALTHOUGH, THEY
HAVE NOT TAKEN ACTION ON IT AS YET,
MR. ADAMS CONTINUED THAT HE HAS STUDIED FEE SCHEDULES THROUGHOUT
THE COUNTRY AND THE SOUTHERN BUILDING CODES RECOMMENDED FEE SCHEDULE. HE
NOTED THAT FOR SEVEN YEARS THEY WENT WITHOUT ANY FEE INCREASE AT ALL, AND
THE LAST REVISION IN NO WAY MAKES UP FOR THE SEVEN YEAR GAP. MR, ADAMS
THEN PRESENTED SOME COMPARATIVE FIGURES IN REGARD TO BUILDING PERMITS,
STATING THAT A $20'000 TWO—BEDROOM HOUSE UNDER THE PRESENT SCHEDULE WOULD
HAVE FEES AMOUNTING TO $124.90, AND UNDER THE PROPOSED SCHEDULE, THEY WOULD
AMOUNT TO $150.40.
MR. ADAMS INFORMED THE BOARD THAT BECAUSE OF THE TENDENCY OF APPLI—
CANTS TO MINIMIZE COST OF CONSTRUCTION ON THE APPLICATION, HE HAS BROKEN
DOWN THE COST PER SQUARE FOOT ON BUILDINGS AND ESTABLISHED A SCHEDULE TO BE
USED BY HIS STAFF IN LOOKING OVER THE APPLICANT S FIGURES TO DETERMINE IF
THEY APPEAR TO BE OUT OF LINE. THIS IS NOT ACTUALLY A PART OF THE NEW PRO—
POSED SCHEDULE, BUT JUST FOR ADMINISTRATIVE USE. ON THE SPECIALTY PERMITS,
I.E., PLUMBING, ELECTRICAL, MECHANICAL, HE RECOMMENDS A ONE—STEP INCREASE —
ELECTRICAL INSPECTION WOULD GO FROM $4.00 TO $5.00 FOR THE FIRST 8 OUTLETS,
ETC. MR. ADAMS NOTED THAT THEY HAVE TRIED TO INCREASE IN THE AREAS WHERE
THE MOST INSPECTIONS ARE MADE, AND STATED.THAT THEY NOT ONLY WOULD LIKE TO
MAKE THE DEPARTMENT SELF—SUFFICIENT, BUT WOULD LIKE TO BUILD UP A SURPLUS
WHEREBY THEY COULD PURCHASE CAPITAL ITEMS WITHOUT BEING A BURDEN ON THE
AD VALOREM TAXES.
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COMMISSIONER MASSEY COMMENTED THAT THE PERMIT FEES UNDER FENCES g
CALL FOR $2.00 FOR EACH ADDITIONAL LINEAL FOOT, WHICH SEEMS VERY HIGH.
MR. ADAMS STATED THAT THIS SHOULD BE CORRECTED TO READ FOR EACH
ADDITIONAL 100 LINEAL FEET."
VICE CHAIRMAN WODTKE NOTED THAT THE PRESENT FEE SCHEDULE IS BASED
ON A CUBIC FOOT BASIS..
MR. ADAMS STATED NOW.THAT BUILDING HAS FALLEN OFF, THEY ARE LOSING
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MONEY ON THIS BASIS AND HAVE FOUND IT TOTALLY INADEQUATE. $
VICE CHAIRMAN WODTKE ASKED FOR A COMPARISON OF COSTS -DONE ON THE
SQUARE FOOT BASIS AS OPPOSED TO THE CUBIC FOOT BASIS. i.
MR. ADAMS STATED THAT ON`A $20,000 HOUSE YOU WOULD PICK UP ABOUT
$26.00. THIS WOULD-BE FOR ALL INSPECTIONS, AND ON A 1,390 S(I. FT. HOUSE,
THERE WOULD BE 1$ INSPECTIONS, IF EVERYTHING WERE CORRECT THE FIRST TIME.
A $60,000 HOUSE WOULD HAVE THE SAME NUMBER OF INSPECTIONS, BUT THE LOWER
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PRICE HOUSE WOULD GET A BREAK UNDER THIS SYSTEM,
V.%CE..CHAIRMAN WODTKE ASKED IF MR. ADAMS FELT THE INCREASE IS
NECESSARY IN THE COUNTY AS WELL AS THE CITY, ESPECIALLY SINCE THE*RATES
WERE JUST INCREASED LAST DECEMBER,
MR. ADAMS STATED THAT THE BUILDING DEPARTMENT IS SELF-SUFFICIENT
IN THE COUNTY DUE TO THE VOLUME OF BUILDING IN THE COUNTY, BUT IF THERE
SHOULD BE A SLUMP, THEY WILL GO INTO THE RED. MR. ADAMS CONTINUED THAT IF
THE COUNTY WISHED TO ADOPT ONLY THE FEE SCHEDULE FOR BUILDING PERMITS AS
SET OUT IN APPENDIX M OF THE SOUTHERN STANDARD BUILDING CODE, 1974 REVIS-
IONS, THIS WOULD KEEP THEM OUT OF THE RED, BUT IF THEY ADOPTED THE TOTAL
PACKAGE AS HE HAS PROPOSED, IT WOULD ALLOW FOR A SURPLUS AT THE END OF THE
YEAR FOR NEEDED CAPITAL ITEMS. HE FELT THAT THE CITY WILL HAVE TO ADOPT
-HIS SUGGESTED REVISIONS SINCE DUE TO THEIR LOW VOLUME OF CONSTRUCTION,
THEY ARE NOW $12,000 IN THE RED AND WITHOUT THE COUNTY'S SUPPORT WOULD BE
$67,000 IN THE REDO MR. ADAMS POINTED OUT THAT IT WOULD BE BENEFICIAL TO
HAVE ONE FEE SCHEDULE FOR BOTH THE CITY AND THE COUNTY, AND NOTED THAT
APPENDIX M WOULD GIVE A 237 INCREASE FOR BUILDING PERMITS ONLY.
COMMISSIONER SCHMUCKER STATED THAT HE FELT THE CITY FEE SCHEDULE
SHOULD BE ESTABLISHED, AND THEN THE COUNTY COULD DECIDE.IF THEY WANT TO GO
HIGH.
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AUG 181976
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MR. ADAMS STATED THAT THE SCHEDULE HAS ALREADY BEEN TURNED OVER
TO-THE CITY ATTORNEY TO DRAW UP AN.ORDINANCE.
COMMISSIONER L.OY NOTED THAT THE COUNTY IS OPERATING ALL RIGHT �
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ON THE PRESENT VOLUME. SHE POINTED OUT THAT WE ADJUSTED OUR FEE SCHEDULE `
ONLY SIX MONTHS AGO TO TRY TO HANDLE THE SITUATION AND FELT WE SHOULD STAY
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WITH THE SITUATION WE HAVE RIGHT NOW EVEN THOUGH IT MIGHT CAUSE A LITTLE
HARDSHIP ON THE BUILDING DEPARTMENT.
MR. ADAMS REPLIED THAT IT WOULD CAUSE MORE THAN JUST A LITTLE
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HARDSHIP UNLESS THE COUNTY ADOPTED JUST APPENDIX M, AND IN THAT EVENT, HE
WOULD RECOMMEND THAT THE CITY ALSO ADOPT ONLY APPENDIX M IN ORDER TO KEEP
THE SAME SET OF STANDARDS FOR THE CITY AND COUNTY,
COMMISSIONER MASSEY NOTED THAT IN THE LAST FEW YEARS MR, ADAMS
HAS REPORTED THAT THEY HAVE EXCESS FUNDS, EVEN THOUGH THESE FUNDS DO HAVE
TO GO INTO THE GENERAL FUND.
•VICE CHAIRMAN WODTKE POINTED OUT THAT THE REQUIREMENTS OF THE
COUNTY ARE MUCH DIFFERENT THAN THOSE OF THE CITY, AND EVEN THOUGH THE COUNTY
MIGHT HAVE LIKED TO TAKE THE EXCESS FUNDS IN THE BUILDING DEPARTMENT AND PUT
THEM INTO THE CONTINGENCY FUND, THEY ARE NOT ALLOWED TO DO THIS. HE CON-
TINUED THAT HE FELT SURE THE BOARD WILL HAVE A WAY TO ADDRESS THE NEED FOR
THE CAPITAL IMPROVEMENTS, WHICH ARE LOOKED AT EACH YEAR ON A REQUEST BASIS,
AND STATED HE DID NOT FEEL WE SHOULD AGAIN REVISE OUR SCHEDULE JUST TO
ACCOMMODATE THE CITY'S POSITION. HE ALSO NOTED THAT IT SEEMS WE ARE GETTING
CLOSER AND CLOSER.TO A NEED TO HAVE A COUNTY BUILDING DEPARTMENT,
IN FURTHER DISCUSSION, IT WAS AGREED TO TAKE NO ACTION TODAY AND
.TO HOLD THIS MATTER IN ABEYANCE,
MRS. BEULAH LAW APPEARED TO PROTEST THE CLOSING OF AMBERSAND
BEACH PARK WEST OF AlA AND STATED THAT BY SO DOING, THE COUNTY HAS PUSHED
PEOPLE OFF ONTO PRIVATE PROPERTY. SHE ALSO STATED THAT SHE, JOHN RULE AND
MRS. L.UTZ, WERE DEFINITELY OPPOSED TO AN EXCHANGE OF RIVERFRONT PROPERTY
FOR .00EANFRONT PROPERTY IN THAT AREA,
COMMISSIONER MASSEY INFORMED MRS. LUTZ THAT WHAT WE ARE CONSIDERING
IS POSSIBLY SWAPPING THE RIVERFRONT PORTION OF THE PARK TO THE ADJACENT
OWNER TO THE SOUTH OF THE PARK FOR HIS OCEANFRONT PROPERTY SOUTH OF THE PARK.
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AUG 181.976 }
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ate 22
MRS, LAW POINTED OUT THAT WILL NOT SOLVE THE PROBLEM FOR PEOPLE
WHO WANT ACCESS TO THE RIVER. SHE ALSO STATED THAT SHE FELT THE COUNTY WAS
SETTING A PRECEDENT AND WONDERED IF THE PEOPLE BY THE OCEANFRONT PORTION OF i
i
THE PARK COMPLAINED, WOULD THAT PORTION OF THE PARK THEN BE CLOSED ALSO. I
VICE CHAIRMAN WODTKE (VOTED THAT THERE IS A DIFFERENCE BETWEEN THE
i
PROBLEMS ON THE RIVERFRONT PORTION OF THE PARK AND ON THE OCEANFRONT PORTION
t
AND POINTED OUT THAT ONCE THE PEOPLE GET TO THE OCEAN, THEY CAN GO WHEREVER
THEY WANT, BUT ON THE RIVER, THIS IS NOT POSSIBLE. HE STATED THAT HE DID
NOT SEE WHERE THE COUNTY ACQUIRING ADDITIONAL BEACHFRONT PROPERTY WOULD
AFFECT MRS. LAW.
r
MRS, LAW REPLIED THAT IF-THE PROPERTY TO BE ACQUIRED IS TO THE
SOUTH OF THE PARK, SHE HAS NO OBJECTIONS, BUT SHE HAD THOUGHT IT WAS TO THE
NORTH AND SHE DID NOT WISH TO BE ANY NEARER TO THE PARK. SHE CONTINUED THAT
SHE HAS ALWAYS HAD SOME PROBLEM WITH TRESPASSERS, BUT SINCE THE CLOSING OF
THE RIVERFRONT PORTION OF THE PARK, IT HAS BEEN WORSE, SHE STATED THAT
THERE WERE 10 CARS ON HER PROPERTY LAST WEEKEND, ALL FROM OUT OF THE COUNTY.
VICE CHAIRMAN WODTKE STATED THAT HE FELT THE ONLY WAY TO HAVE A
PARK ON THE RIVER BECAUSE OF ALL THE PROBLEMS WOULD BE TO FENCE IT AND HAVE
AN ATTENDANT THERE,
MRS. LAW STATED THAT SHE IS NOT MAKING ANY REQUEST, BUT IS JUST
REGISTERING A FORMAL COMPLAINT,
ATTORNEY COLLINS SUGGESTED THAT IN ORDER TO DISCOURAGE THE TRES-
PASSERS, MRS. LAW HAVE SOME ARRESTS MADE.
VICE CHAIRMAN WODTKE ASKED THAT THE LETTERS FROM MRS. LAW, JOHN
RULE AND MRS. LUTZ BE MADE A PART OF THE MINUTES,
1
1
. I
M -
v's Movil;g & Stora-goi Inc.
Beach, Florida 32960 305/562-2192 or 562-9153
Pp 0, Box 2?91
July 299 1976
Indian River County Commissioners
Nr. W.W. Siebert, Chairman
Indian River Co. Courthouse
Vero Beach, Fla.
Dear Mr, Siebert, .
Recentiy the Cour_ty Commission ordered the Ambersand j
Public Park, on the riverside closed. It is very tightly
barricaded at -this time. _
I am^protesting the closing of this public facility. We
own a lot about 5 lots north of this public park. The general
public is using the privately owned property in the area
for access to the river in lieu of the public facility.
We have -posted our entrance to the river and the public
distroy our signs and there is trash and beer cans strewed
on our.river beach all the time, Other property owners in
the area feel the same as we do. i
I feel, the people who own the property to the south of this
public beach knew this park was there when they purchased
their property and should abide thereby.
There is a house on the south lot, on the ocean side of the
park and eventually there will be one on the north side. Are 1
you going to close the park on the ocean side when people
complaincof the park.
Beulah Law & Barnes Law
ale
Atlas Van Lines', \Agent
I
t
AUG 18 1976.
BOOL 26 ?1�11c 4
$D23, Box 925
Vero Beach, Fla. 32960
August lbs 1976
County Commissioners
Indian River County
Indian River County Courthouse
Vero Bea^h, Fla. 32960
Bear Commissioners:
Only today it was brought to my attention that a public hearing U49 to be held k
this week on the closing of the river side of the public park near the southern
end of Ambersand Beach. I regret that I cannot attend the hearing, but 1--do,•dish
my views to be a matter of record. I own and occupy property ih AmbersaInd Soach
only a few hundred yards to the north and am interesteA both in these proceedings
and all other matters which bear on the future developmegt of this community.
In my view, the public at large has a right to both beach and river access. This
right is vital to the economy of the'State of Florida and has, in fact, been re-
cognized by the County, as evidenced by its continuing efforts to acquire public
'.access routes and beach areas before ocean and riverfront property values -become
excessive. People from across the Country vacation in Florida with the expectat
Ion of enjoying our beaches a and they are entitled.to enjoy their reason for be -
Ing here. To deliberately close off a presently owned City, County, or State
public access makes no sense to me whatsoever*
When the Government -• Ni it City, County, or State - fails to provide and maintain
adequate public access areas to the beach and river, those who use the beach.and
river force their way through private properties - tramplng bushes, breaking down
the dunes, strewing garbage, and, in some cases, causing disturbance. One can'say
to them - and I frequently have, "There is a public.p=k only a half mile north.
Go There," This does not solve the problem; it's usually solved only when a
Sheriff's Deputy has been summoned to move them one -
Another consideration is property value* Before I bought my property in 1169, I
considered both the Sebastian Inlet State Park and the South Ambersand Beach Park
as "safety -valves", Both were fqr enough away.not to bother me directly, but both
were public areas close enough that I should not be overly concerned -about trespass
on my own property. I have found this is not the case, and particularly since the
County has seen*fit to close the river access at Ambersand Beach Park. We now
have more people than ever forcing their way through our property and adjacent
properties®
My recommendation$ -would be the encouragement of a more complete utilization -of
the public access areas which are already bought -and paid for. The physical
facilities should be improved - better restrooms, better picnic tables and
shelters, and adequate trash cans* *More intensive. surveillance by the She'riff's' .
Department may be in order. I'm willing to bet that.ih costs less to schedule.
the routine policing of public facilities than it does .to respond to numerous
ccnplaints by taipayers whose properties are being overrun
cerely y'es '
ohm D. Rale
c '
a i
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AUG 1 $1976 Q
P�
5
;�. .��,.
Y
f -
MRS. MABEL R. LUTZ
Route 2, Box 928
Vero Beach, Florida 32960
17 AuguUt 1976
• r
TOO County Co:nnissi overs, Indian river County
F:20.:e i:abel %. Luty, : ro^erty C-•-ner, river -side, submerged land
SUII.,�CTs Closing of Ambersand ' ar%, diver Side
There is a segryent of "The Great A,<•ierican Public" -:hi ch does not
care about recreation on oces:r. beaches, 'Jut prefers activities i
on the river side of A=2,ersand _ ar':. To close this part of
the Park is to deny the public a certain kind of recreation.
The property-o,rners vho object to the eXistance of this part of
the :harp, and --ho have been a':)le to have. it closed, i e*- that
the Fark --as there *-hen they bought the property. 2ather than
demand that this part o' the :-ar% be forever closet, they have the
right to remove the:aselves fron this location to one *.-hick gives
them the atmosphere -?hich they desire.
Once Public Land is given over to r'rivate interests, it is forever
lost. People -ho are denied access to the river by 7)ul1_c ^roperty
'fill take access across •` ri,,rate ^ro_?erty. By atter ,,�tin�- to
satisfy one property o-:zzer, the Cormlisoion-;ill, 'by closing this
portion of Aribereand ear%, -make other L ropQrty 'o-ners along this
stretch of the river very unhappy and d;.GsatisfieO, because
the public ?ill take over use of privately -w- ed property.
The County o -,ns a site on the river, for Fark purposes. Nhy
trade it off for beach roperty --high is not needed, then erhap s
in the furure, have to resort to buying more riverfront property
at greatly increased pricesT
This �-miter ..-ishes to go on record as being opposel.to closing the
riverside portion of Azibersand ark. (objections by 01,2 property -other
might be increase:' by ALL the property-o-:ners along this strip,
if •the public overruns our private property, after being denied
access- to boating, clar.Laing and fishing from the riverside of
Arabersarld bar'.. )'
Before taking the step of trading off the .site in-uestion,'the
Commission Trould be' -:-ell advised to thinl: the problem through on
a long-range basis, ratter than atteapt to satisfy the demands
of one menher of the cornninity a to •-uiet immediate demands. The
Commission stands as ;rusteos of the interests of all the residents
of Indian River County, andshould so vier the.problem.
AUG 181976
26
NELSON HYATT, WHO OWNS PROPERTY LOCATED SOUTH OF AMBERSAND REACH j
PARK, APPEARED AND STATED THAT SINCE THE PARK HAS BEEN CLOSED, HE HAS NOTICED
A CREAT IMPROVEMENT., BUT FELT PEOPLE HAVE PROBABLY JUST PUSHED FURTHER TO
THE NORTH, HE SUGGESTED THAT POSTING "NO PARKING" SIGNS ALONG THIS AREA -
OF A1A MIGHT HELP SOLVE THE PROBLEM,,
DISCUSSION FOLLOWED, AND ADMINISTRATOR JENNINGS NOTED THAT THIS
IS A PRIiiARY ROAD AND HE DOUBTED THAT 11% PARKING" SIGNS COULD BE POSTED,
BUT AGREED TO CHECK THIS MATTErOUT WITH THE D.O.T.
MRS. LAW REQUESTED IF THERE SHOULD BE AN EXCHANGE OF PROPERTY THAT
THE PROPERTY OWNERS IN THE AREA BE NOTIFIED, AND THE BOARD AGREED THAT THEY
WOULD BE NOTIFIED. f
ATTORNEY L. B. "BUCK" VOCELLE AND W. E. "BUD" JENKINS APPEARED IN
REGARD TO MR. JENKIN'S APPEAL TO REMOVE THE CEASE AND DESIST ORDER ON HIS
MINING OPERATION.
ATTORNEY-VOCELLE INFORMED THE BOARD THAT BECAUSE OF BEING SHUT OUT
OF HIS MINING OPERATION, MR. JENKINS HAS HAD TO SELL SOME PROPERTY, AND IN
THE REVIEW OF THE PROPERTY HE SOLD, A QUESTION HAS ARISEN IN REGARD TO IN-
GRESS AND EGRESS TO THE PROPERTY. ATTORNEY VOCELLE SAID IT WAS HIS UNDER-
STANDING THAT THE COUNTY HAS BEEN MAINTAINING THE ROAD INTO THIS PROPERTY
SINCE 1962, AND THEY ARE ASKING, THEREFORE, THAT BECAUSE THE COUNTY HAS A
MAINTAINED THIS ROAD OVER FOUR YEARS, IT BECOME A DEDICATED RIGHT OF WAY
AS ALLOWED UNDER STATUTE 95.361.
THE ADMINISTRATOR INFORMED THE BOARD THAT SOME YEARS AGO THERE
WAS ANOTHER ENTRANCE TO MR. JENKINS' PROPERTY, A RAILROAD CROSSING, BUT THE
RAILROAD CLOSED IT, AND THIS 25' ROAD IS THE ONLY WAY IN AND OUT. HE CON-
TINUED THAT THE COUNTY GRADERS HAVE WORKED ON THIS ROAD OVER THE YEARS, AND
HE FELT THE COUNTY COULD FILE A MAINTENANCE MAP ON IT, POSSIBLY FOR A LITTLE
MORE THAN THE 25`.
ATTORNEY COLLINS INFORMED THE BOARD THAT AS LONG AS THERE IS NO
PROBLEM SUBSTANTIATING THAT THE COUNTY HAS WORKED ON THIS ROAD OVER THE
YEARS, HE SEES NO REASON WHY THE BOARD SHOULD NOT FILE A MAINTENANCE MAP.
c
.AUG 181976
15
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90Dr .- .�
.AUG 181976
15
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DISCUSSION FOLLOWED AS TO WHETHER THE ROAD ACTUALLY GOES ALL THE
WAY UP TO MR. JENKINS' PROPERTY, AND ADMINISTRATOR JENNINGS SUGGESTED THAT
WHEN THE MAINTENANCE MAP IS FILED IT SHOULD GIVE A DESCRIPTION'THAT WOULD
GO UP TO JENKINS' PROPERTY LINE,
ATTORNEY VOCELLE THEN DISCUSSED THEIR APPEAL OF THE CEASE AND
DESIST ORDER AND INFORMED THE BOARD THAT THEY HAD APPEARED BEFORE THE MINING
REVIEW C)MMITTEE AND A COPY OF THE MINING REVIEW COMMITTEE'S REPORT HAD
BEEN GIVEN TO THE BOARD, SAID REPORT IS HEREBY MADE A PART OF THE MINUTES,
F
16
F
• L
MINING REVIEW COMMITTEE
REPORT ON BUD JENKINS' MINING OPERAT40N
On August 2nd, 1976, the Mining Review Committee met to review the
-
cease and desist order issued by.Indian River.County.
At the meeting, Mr. Vocelle, attorney for Mr. Jenkins, admitted his
client was in violation. He also stated that if his client had to backfill
(401 on the north end, it would cost $250,000. or more, and this would bank-
rupt Mr. Jenkins. Mr. Jenkins requested permission to "square" off the lake
and "dress it up" and then he would quit mining on the property. He.even
offered to sign an agreement to this effect.
i
It was pointed out that the land in question was zoned M-1, and that
I
it did not permit mining. It was further stated that the M-1 Zoning Ordi-
nance never did allow mining operations, and therefore the question of
"Grandfather clause" was a dead issue. After a good deal of discussion by
the committee members, it was decided that the committee would visit the site
at the invitation of Mr. Jenkins. The following morning, we physically in-
spected the condition as it now exists. It was determined that the north
haters edge of the pit -was approximately 125' from the center -line of the
• ve
North Relief Canal. The total canal right-of-way is 2501, so.- without
question - the digging was to the property line. We also found that the land
Was low and spotted with small pits. Following a discussion among committee
members, and a review of the aerial photos for the years 1943, 1951, 1957,
1970, 1973 and 1975, we could see that there was a continuous expansion of''
the mining area operation (see attached aerials) contrary to Zoning Regulations
from 1957 (see Dewey's zoning history).
AUG 181976
� � . � � �
meq.• '
,
It was therefore determined by the committee that if Mr. Jenkins was
to continue any mining on the property in question that several things would
have to be done, -as follows;,
%. Area to be mined should be rezoned to Agricultural.
2. Area in violation to be backfilled.
.3. Plans submitted to show final layout of land for future
i
development before any further activity would be permitted.
4. Submit to County Administrator bond to assure backfilling.
As an alternate, the land could remain in an Industrial zone (Master
Plan shows industrial use). It is in a prime location, near railroad, and
could be developed into an industrial park. Therefore, there is no question '
i
of depriving him of use of his land. Mr. Jenkins could sell or lease any
part or all of the industrial land, which could be profitable. Note: Any
required filling of the land for industrial purposes would not be considered
to be a mining operation, as long as the fill remains on the land owned by
Mr. Jenkins.
It should also be noted that the committee was sympathetic to Mr.
Jenkins' dilemna, but it should be pointed out that he apparently, either in
ignorance, disregard for, or purposely continued to violate the ordinances
in his operations. As a consequence, the committee cannot make any other
.recommendations than it has, because it is felt that a precedence would be
established that would, in effect, nullify the intent and purpose of the °
Mining Ordinance. i
RMB: jm
.8/5/76
AUG 18197G
ATTORNEY VOCELLE INFORMED THE BOARD THAT OBVIOUSLY THEY CANNOT
LIVE WITH THE FOUR REQUIREMENTS SET OUT IN THE REPORT, AND THEY ARE NOW
i
APPEALING THE COMMITTEE'S DECISION° HE STATED THAT THEY TAKE THE POSITION
THAT THE AREA MR. JENKINS IS MINING IS IN CONFORMITY TO ZONING UNDER A NON-
CONFORMING USE BECAUSE IT WAS USED FOR MINING LONG BEFORE ZONING AND MINING
REGULATIONS CAME INTO EFFECT IN THE COUNTY° HE ALSO STATED THAT THE AREA
REQUIRED-TO BE BACKFILLED IS MUCH TOO EXPENSIVE TO BE FEASIBLE,
ATTORNEY VOCELLE CONTINUED THAT MR, .JENKINS' PROBLEM IS UNIQUE
TO THE EXTENT THAT, ALTHOUGH HE MAY BE A VIOLATOR, HE WAS NOT'THE ORIGINAL
PRIME MOVER AS FAR AS THE VIOLATION IS CONCERNED; IT GOES BACK TO OTHERS
BEFORE HIM. ATTORNEY VOCELLE REQUESTED THAT THE BOARD PERMIT MR. .JENKINS
TO MINE IN A DESIGNATED AREA AND ON A LIMITED BASIS, POINTING OUT THAT HE
HAS BEEN CLOSED DOWN SINCE APRIL AND IS HAVING TO SELL PROPERTY TO MEET HIS
COMMITMENTS,
COMMISSIONER LOY ASKED IF ATTORNEY VOCELLE HAD MADE ANY RECOMMENDA-
TIONS TO THE MINING REVIEW COMMITTEE.
ATTORNEY VOCELLE REPLIED THAT THEY HAD SUGGESTED DEEDING THE LAKE
AREA MR, JENKINS HAS DUG EITHER TO THE COUNTY FOR WATER STORAGE OR POSSIBLY
TO THE DRAINAGE DISTRICT, BUT IT WAS FELT THIS WAS T00 IMPRACTICAL. HE
CONTINUED THAT THEY HAD ALSO GONE TO THE DEPARTMENT OF ENVIRONMENT REGULA-
TION IN REGARD TO THE POSSIBILITY OF USING THIS AREA AS A STUMP DUMP, BUT
THEY WOULD NOT PERMIT THIS,
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THE REPORT SETS OUT
THE UNANIMOUS DECISION OF THE MINING REVIEW COMMITTEE. HE STATED THAT YEARS
WERE SPENT GETTING THESE REGULATIONS TOGETHER AND MINERS ARE BEING REQ UIRED
TO COMPLY WITH THEM. HE CONTINUED THAT NO OTHER VIOLATION IN THE COUNTY IS
OF QUITE THIS MAGNITUDE; BUT TIRE ARE OTHER MINING OPERATORS SHUT DOWN AT
PRESENT; AND HE FEELS WE MUST ABIDE BY OUR REGULATIONS,
VICE CHAIRMAN WODTKE NOTED THAT ATTORNEY VOCELLE IS CONTENDING
THEY ARE UNDER THE aGRANDFATHER'0 CLAUSE, BUT THE MINING REVIEW COMMITTEE
DISAGREES.
'DEWEY WALKER, ZONING DIRECTOR,-INFORMED THE BOARD THAT THE
"GRANDFATHER" CLAUSE INVOLVES OWNERSHIP OF PROPERTY, HE STATED THAT HE HAD
SEARCHED THE DEEDS AND FOUND THAT MR, JENKINS PURCHASED THE PORTION NEAR
19
Ei�Gt
Y _
AUG 18 1976
0
THE RACETRACK IN 1964; THE SURROUNDING PORTION IN 1969; AND THE POND AREA
IN 1973. HE CONTINUED THAT THE ZONING REGULATIONS IN 1957 DID NOT LIST
MINING AS A PERMITTED USE IN ANY DISTRICT.• IN 1959 THE REGULATIONS WERE
REVISED, AND IN THE ADDENDUM, MINING WAS PERMITTED IN AN AGRICULTURAL DIS-
TRICT WITH A 50 -FOOT REQUIRED SETBACK.
COMMISSIONER MASSEY POINTED OUT THAT MINING WAS NEVER ALLOWED IN
AN M-1 ZONE, ONLY AGRICULTURAL.
COMMISSIONER SCHMUCK'^R ASKED IF. THE DITCH WAS DUG.ALONG THE PROP-
ERTY LINE AFTER MR. JENKINS BOUGHT THE PROPERTY,
MR. JENKINS STATED IT WAS THERE BEFORE HE BOUGHT THE PROPERTY.
VAL BRENNAN, COUNTY PLANNER, PRESENTED AERIALS OF THE PROPERTY
FOR THE YEARS 1942, 1951 AND 1957, FOR THE BOARD TO STUDY.
ATTORNEY COLLINS STATED THAT HE FELT THE ORIGINAL PIECE OF PROP-
ERTY MR. JENKINS PURCHASED IN 1964 WOULD BE NONCONFORMING, BUT THE OTHER
PIECES WOULD NOT BE,
MR. JENKINS PRESENTED AN AERIAL TAKEN IN 1972 FOR THE BOARD TO
STUDY,
DISCUSSION FOLLOWED IN REGARD TO WHEN THE LAND WAS DUG OUT AND IN
WHAT LOCATION, AND COMMISSIONER SCHMUCKER STATED HE WOULD LIKE TO ESTABLISH
WHETHER MR'.' JENKINS DUG PROPERTY OUT ADJACENT TO THE PROPERTY LINE OR
WHETHER SOMEONE ELSE DID. IT WAS GENERALLY FELT IT WAS A COMBINATION OF BOTH,
BUT DEWEY WALKER AND ATTORNEY COLLINS POINTED OUT THAT MR. JENKINS HAS DUG
UP TO THE PROPERTY LINE TO A FURTHER EXTENT SINCE 1973.
COMMISSIONER SCHMUCKER NOTED THAT ALTHOUGH MR, JENKINS DID NOT DO
ALL THE DIGGING IN THE RESTRICTED AREAS HE DID DO SOME AND SUGGESTED IF HE
WERE ALLOWED TO BEGIN OPERATIONS AGAIN, THAT ONE OUT OF EVERY FOUR LOADS
DUG BE HELD OUT TO BE USED AS BACKFILL. HE FELT THIS MIGHT MAKE IT POSSIBLE
FOR MR, JENKINS TO SURVIVE, GET THE USE OF HIS PROPERTY AND AT THE SAME TIME
MAKE THE REQUIRED CORRECTIONS TO A SITUATION HE ONLY PARTIALLY CREATED,
C+OMMI.SSIONER LOY NOTED THAT SUCH AN OPERATION WOULD HAVE TO BE
SUPERVISED. `
ATTORNEY COLLINS STATED THAT THERE ARE OBVIOUS VIOLATIONS AND HE
FELT IF THE BOARD SHOULD TAKE REMEDIAL PROCEDURES, THEY MIGHT CREATE SOME
SORT OF A WAIVER'IN REGARD TO ENFORCEMENT OF THE ORDINANCE AT A LATER DATE.
AUG 181976
20
COMMISSIONER SCHMUCKER POINTED OUT THAT HIS SUGGESTION IS NOT
CONTRARY TO WHAT THE MINING REVIEW COMMITTEE IS REQUIRING, BUT IS MERELY
A DIFFERENT METHOD OF OBTAINING THE SAME RESULT, HE NOTED-THAT THE PROPERTY
WOULD HAVE TO BE REZONED AGRICULTURAL AND A DEFINITE AREA PICKED OUT AND
SATISFACTORY PLANS SUBMITTED AND FURTHER SUGGESTED THAT THE HOLDING OUT OF
ONE OF EVERY FOUR LOADS COULD TAKE PLACE OF A BOND.
COMMISSIONER LOY NOTED THAT REZONING THIS LAND TO AGRICULTURAL
WOULD BE IN CONFLICT WITH THE MASTER PLAN.
DISCUSSION CONTINUED IN REGARD TO REZONING, AND ATTORNEY VOCELLE
STATED THAT ONLY A SMALL AREA OF THE PROPERTY WAS IN QUESTION, AND DUE TO
ITS VERY OLD HISTORY OF MINING, HE WOULD LIKE TO HAVE IT MADE A NONCONFORMING
USE INSTEAD OF REZONING.
VICE CHAIRMAN WODTKE POINTED OUT THAT THE MINING REVIEW COMMITTEE
IS REQUIRING THAT 40' ON THE NORTH END OF THE PROPERTY BE BACKFILLED, AND
WE MUST HAVE AN ASSURANCE THAT THIS WILL BE DONE,
COMMISSIONER SCHMUCKER SUGGESTED THAT A CERTAIN AREA BE PICKED OUT
AND SURVEYED, WHICH WOULD MAKE IT POSSIBLE TO DETERMINE JUST HOW MUCH IS
DUG OUT. HE ALSO SUGGESTED THAT THE DIRT BE STOCKPILED AND CHECKED BY THE
COUNTY PERIODICALLY,
ATTORNEY VOCELLE STATED THAT IT WOULD BE ALMOST IMPOSSIBLE TO
SECURE A BOND IN THE AMOUNT OF $250,000 AND ASKED THAT THE BOARD ACCEPT
COMMISSIONER SCHMUCKER'S SUGGESTION THAT SETTING ASIDE ONE OUT OF EVERY FOUR
LOADS TAKE PLACE OF THE BOND,
ADMINISTRATOR JENNINGS INFORMED HIM THAT A BOND OF SUCH AN AMOUNT
WOULD NOT BE NECESSARY; THAT A MAXIMUM FLOATING BOND IN THE AMOUNT OF
$10,000 WOULD COVER THE SITUATION, AND THE BACKFILL OPERATION WOULD HAVE
TO BE KEPT WITHIN A $10,000 LIMIT, THE ADMINISTRATOR FURTHER NOTED THAT
TO POLICE THIS BACKFILL OPERATION WOULD REQUIRE ONE MAN AND FREQUENT IN-
r SPECTIONS,
VICE CHAIRMAN WODTKE POINTED OUT THAT IT WOULD COST THE COUNTY
AN UNKNOWN AMOUNT TO SUPERVISE THE PROPOSED BACKFILL OPERATION, AND HE FELT
SOME COST WOULD HAVE TO BE BORNE BY •NIR, JENKINS$ HE ALSO NOTED THAT POSSIBLY
4,.s • ._ 1 —_ 21
t
AUG 18 197 �ti
252 OF'THE FILL WOULD NOT BE ENOUGH TO FILL THE AREA IN VIOLATION, AND THIS
MUST BE DETERMINED. HE ALSO POINTED OUT THAT THE BOARD CANNOT GIVE A COM-
MITMENT ON THE REZONING.
VICE CHAIRMAN WODTKE COMMENDED THE MINING REVIEW COMMITTEE FOR E
f
t
DOING .AN EXCELLENT JOB AND .FORMALLY ACCEPTED THEIR REPORT. HE THEN STATED
TO MR. .JENKINS THAT IT IS THE FEELING OF THE BOARD THAT HE SHOULD START
s
COMPLYING WITH THE FINDINGS OF THE MINING REVIEW COMMITTEE AND THE BACKFILL
OF THE 40' AREA WILL BE REQUIR77D, BUT THE BOARD WOULD BE RECEPTIVE TO THE
IDEA OF WORKING IT OUT DURING THE OPERATION RATHER THAN REQUIRING IT BE DONE
PRIOR TO RESUMING OPERATIONS,
MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COMMIS-
SIONER MASSEY, THAT THE BOARD ACCEPT THE RECOMMENDATIONS OF THE MINING RE-
VIEW COMMITTEE AS SET FORTH IN THEIR FOUR REQUIREMENTS WITH THE EXCEPTION
THAT THE BACKFILLING OF THE AREA IN VIOLATION BE DONE AS 25% OF ALL FUTURE
MATERIAL REMOVED FROM THE PREMISES IN A CONTROLLED METHOD AND THAT THE BOND
BE THE NORMAL BOND AS REQUIRED FOR MINING OPERATIONS; THE 25% BACKFILLING
OPERATION TO BE KEPT WITHIN THE MAXIMUM $10,000 BOND,
DISCUSSION FOLLOWED IN REGARD TO THE 25? FIGURE, WHICH IT WAS
FELT MIGHT HAVE TO BE CHANGED AFTER FURTHER STUDY,
I
COMMISSIONER LOY STATED THAT SHE COULD NOT SUPPORT THE MOTION
BASED ON THE FACT THAT IT IS TOO.DETAILED. SHE CONTINUED THAT SHE FELT IT
i
IS THE RESPONSIBILITY OF MR. JENKINS TO COME UP WITH A PLAN TO HANDLE THE
i
BACKFILL PROBLEM AND WOULD PREFER A SIMPLE MOTION STATING THAT WE WILL
ADHERE TO THE RECOMMENDATIONS OF THE MINING REVIEW COMMITTEE BUT WOULD LOOK
AT A PROPOSAL IN REGARD TO THE BACKFILL,
COMMISSIONER SCHMUCKER WITHDREW HIS MOTION AND COMMISSIONER MASSEY
WITHDREW HIS SECOND,
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
MASSEY, THE BOARD UNANIMOUSLY ACCEPTED THE RECOMMENDATIONS OF THE MINING
REVIEW COMMITTEE AS SET FORTH IN THEIR FOUR REQUIREMENTS WITH THE EXCEPTION
THAT THE BACKFILLING OF THE AREA IN VIOLATION BE DONE AS AN APPROXIMATE
25% PROGRAM SUBJECT TO STUDY OF THIS PROGRAM AT A LATER DATE OR IN SUCH
OTHER FORM AS MAY BE SET BY THE BOARD OF COUNTY COMMISSIONERS AT A LATER
DATE.
22
AUG 18 197�t
ATTORNEY VOCELLE ASKED IF THE ADMINISTRATOR COULD BE INSTRUCTED 1
TO FILE THE MAINTENANCE MAP AS DISCUSSED PREVIOUSLY,
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR AND THE ATTORNEY TO WORK
ON THE PREPARATION OF A MAINTENANCE MAP OF THE ROAD INTO MR. JENKINS' PROP-
ERTY (LINDSEY MANOR SEC. 22- TwP. 32S - RANGE 39E) FOR FILING AS REQUESTED
BY ATTORNEY VOCELLE AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN.
THE BOARD THEREUPON RECESSED FOR.LUNCH AT 1.2:30 O'CLOCK P.M. AND
RECONVENED AT 2:00 O'CLOCK P.M.
ATTORNEY COLLINS DISCUSSED THE DUAL TAXATION QUESTION AND THE
POSSIBILITY OF THE COUNTY SETTING UP SPECIAL TAXING DISTRICTS IN THE FUTURE.
HE NOTED THAT THE CHARTER*IS NOW IN ITS FINAL DRAFT AND THE CHARTER COMMITTEE
HAS TURNED DOWN THE RECOMMENDATION OF THE ATTORNEY IN !ELAND THAT SUCH
SPECIAL TAXING DISTRICTS NOT HAVE TO GO THROUGH A SPECIAL REFERENDUM, HE
CONTINUED THAT HE FELT IT WOULD BE VERY CUMBERSOME FOR THE COMMISSIONERS TO
WORK WITH THIS THROUGH REFERENDUM AND SUGGESTED THEY MIGHT ATTEND THE FINAL
HEARING ON THE DRAFT OF THE CHARTER WHICH IS TO BE HELD TOMORROW, AUGUST 19TH,
AT 9:00 O'CLOCK A.M.
COMMISSIONER Loy STATED THAT IF THERE IS ANY QUESTION AS TO
WHETHER THE SERVICE TO BE COVERED BY A SPECIAL TAXING DISTRICT IS FOR A
LUXURY OR "PLUS7° TYPE ITEM THAT YOU COULD DO WITHOUT, THEN SHE FELT IT
SHOULD GO TO THE PEOPLE, BUT WITH REGARD TO SERVICES CONCERNING HEALTH OR
SAFETY, SHE FELT THE DECISION SHOULD BE MADE BY THE BOARD AND NOT HAVE TO
GO TO A SPECIAL REFERENDUM.
ATTORNEY COLLINS ALSO NOTED THAT IN SOME INSTANCES YOU MAY BE
TALKING ABOUT SERVICES IN AREAS THAT ARE ONLY % OR 8 BLOCKS SQUARE AND A
SPECIAL REFERENDUM IN SUCH CASES WOULDN'T MAKE MUCH SENSE,
IN FURTHER DISCUSSION, IT WAS AGREED THAT COMMISSIONER WODTKE AND
ATTORNEY COLLINS WILL ATTEND THE FINAL HEARING TOMORROW AND INDICATE THE
BOARD'S FEELING OF CONCERN IN THIS AREA.
ATTORNEY COLLINS INFORMED THE BOARD THAT THE ZONING DEPARTMENT
FOR SOME TIME HAS HAD A PROBLEM WITH'A MAN BY THE NAME OF HAROLD SLOAN WHO
WAS ALLOWED TO PUT A TRAILER ON A -LOT FOR A PERIOD OF TIME WHILE CONSTRUCTING
23
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A HOUSE: HE CONTINUED THAT MR. SLOAN HAS NOT CONSTRUCTED THE HOUSE AND HAS
BEEN IN BLATANT VIOLATION OF THE ZONING ORDINANCE AND REQUESTED THAT THE
i'
BOARD AUTHORIZE HIM TO PROCEED LEGALLY TO ENJOIN MR, SLOAN TO MOVE HIS
TRAILER,
ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO INSTITUTE PROCEEDINGS
j
AGAINST rAROLD SLOAN IN REGARD TO REMOVING HIS TRAILER,
ATTORNEY COLLINS REPQRTED THAT HE HAS WRITTEN TREASURE COAST
UTILITIES, INC,, IN REGARD TO GETTING THEIR RATE STRUCTURES FINALIZED TO
i
THE BOARD'S SATISFACTION,
ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT HE HAS WORKED OUT
A COOPERATIVE AGREEMENT WITH THE FARMERS NOME ADMINISTRATION FOR THE REPAIR
OF 38TH COURT, PINEVIEW PARK EXTENSION SUBDIVISION IN GIFFORD. THIS AGREE-
MENT HAS BEEN REVIEWED BY ATTORNEY COLLINS, AND THE F.N.A. WOULD LIKE TO
HAVE THE AGREEMENT SIGNED AND SENT BACK TO THEM TO JUSTIFY HOLDING THE
$12,000. THE ADMINISTRATOR CONTINUED THAT THE EASEMENT SITUATION IS PRETTY
WELL UNDER CONTROL AND HE FELT SURE IT WOULD BE WORKED OUT SOON, HE FURTHER
NOTED THAT THE PAVING WOULD NOT BE DONE IMMEDIATELY, BUT THE MARL COULD BE
PUT DOWN AND IT COULD BE MAINTAINED AS A GRADED ROAD UNTIL SUCH TIME AS THE
U.D.U. SEWER AND WATER LINES ARE PUT IN, THE ADMINISTRATOR STATED THAT THIS
ROAD HAS BEEN .NEEDED FOR A VERY LONG TIME,
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY APPROVED THE COOPERATIVE AGREEMENT WITH THE F.N.A. IN
REGARD TO REPAIRING 38TH COURT, PINEVIEW PARK EXTENSION SUBDIVISION, GIFFORD,
AND AUTHORIZED THE SIGNATURE OF THE VICE CHAIRMAN.
i
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24
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i
COOPERATIVE AGREEMENT
Between the
FA101EP,S ITOME ADMINISTRATION
UNITED STATES DEPARTMENT OF AGRICULTURE
WASHINGTON, D. C. 20250
(hereinafter called the Federal Agency)
'
and the
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
1.
Title of Agreement: Cooperative Agreement to repair 38th Court,
Pineview Park Extension Subdivision, Gifford, Florida.
2.
i
Objective: This Cooperative-Agreement documents the understanding
between the Board of County Commissioners and the Farmers'Home
Administration on the securing of easements of right-of-ways,
furnishing of labor, material and application of paving material
and. reimbursement of out-of-pocket cost for above services,
materials, and related services. Said street upon completion of
above work will be accepted by the Board of County Commissioners for
maintenance. The Farmers Home Administration agrees to reimburse
the Board of County Commissioners for all out-of=pocket cost not
to exceed $12,Q00 upon thg,completion and acceptance of street
for maintenance. i
° 3.
Statement of Work: The Cooperative Agreement shall be carried out
•
by the organizational units or officials of the Federal Agency and
'
the Board of County Commissioners, Indian River County, in the manner
and subject to the conditions provided below:
The Board of County Commissioners agrees to provide:
a. Secure any and all right-of-way easements.
b. Provide grading and application of any and all fill and/or base
material to meet county standards.
e. Apply a soil cement base and a 1" Type II Asphalt wearing surface
of sufficient width to meet county standards.
4.
Legal Authority: Section 517(J)(3), Title V of the Housing Act of
1949.
o
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a ,
5. Effective Dates The effective date of this agreement shall be
the date of approval by the Farmers Home Administration.
6*. Approvals: The signatories hereby.certify that they have authority i
to enter into said Cooperative Agreement.
This agreement is hereby approved for the Board of County Commissioners, i
j.
Indian River County.
i
Done at Vero Beach, Florida on August 18, 1976
(City and State) Date
Signature t
1 rk
�// '/>�.``�� Title
This agreement is hereby approved for the Federal Agency.
1
Done at Washington, D. C. on '
Date
Administrator, Farmers Home Administration
• t
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� � . 0.r • ' 1,
AUG 18'1916 i.
ADMINISTRATOR JENNINGS REPORTED THAT HIS STAFF, ASSISTED BY THE
SEBASTIAN VOLUNTEER FIRE DEPARTMENT AND AMBULANCE SQUAD, HAVE EVALUATED THE C;
BIDS RECEIVED ON 15 RADIO PAGERS AND RECOMMEND THAT THE BID ON THE MOTOROLA
PAGECOME UNITS BE ACCEPTED AS SEBASTIAN ALREADY HAS FIVE MOTOROLA DIRECTOR
I
UNITS AND THE MOTOROLA PAGECOM UNITS WOULD BE COMPATIBLE WITH THEIR PRESENT
SYSTEM AND THAT OF THE VERO BEACH FIRE DEPARTMENT.
THE LETTER FROM .JOY SNELL, CAPTAIN OF THE SEBASTIAN VOLUNTEER
AMBULANCE SQUAD, RECOMMENDING THE MOTOROLA PAGERS IS HEREBY MADE A PART OF 1
THE MINUTES.
Sebastian Volunteer Fire Department
G and Ambulance Squad. ane.
- P.O. Box 539
SEBASTIAN, FLORIDA - 32958
- e
• y . -�; -: a SERVING ALL OF NORTH INDIAN RIVER COUNTY VOLUNTARILY
_._.7 August 1976--
-- _ Indian .'diver county Commission-
2343
ommission2345 144th Avenue
Hero Beach, Florida 32960
Dear Commissionersa - The Sebastian Volunteer Elm Department and Axbulance Squad,
Inc. presently has five (5) xotorola Director Radio Pagers
Banished by the City of Sebastian.
Sebastian xmierphone is equipped with a transmitter and
tone generator for these pagers. To change to another brand
of pager would require a change in tone generator etc.
(a cost of approximately $700.00). It would also complicate
the radio system, degrade reliability, and complicate main-
tenance. Therefore it is my strong recommendation that you
consider only the•I•_otorola equipment. Either unit (Page Com
or Director) will work with our present setup. 4
Sincerely,
Y Lv
7
Joy Snell, Captain:.
Sebastian Volunteer
- Ambulance Squad
is -
P.S.' lihen the fire' departments «Go county wide the
.___ =--P Kotorola Units. will be compatible with the
- -units already in existence at the Vero Beach
FireD
e artzrent.
.27
AUG 18 1976
•a
�. _ ��rr i ,��:
MOTION WAS MADE BY COMMISSIONER SCHMUCKER SECONDED BY COMMISSIONER
SCHMUCKER, i
Loy, THAT THE BOARD ACCEPT THE BID OF MOTOROLA COMMUNICATIONS & ELECTRONICS, f
INC., IN THE AMOUNT OF $3,675.00, FOR 15 PAGECOM RADIO PAGERS, AS BEING THE
LOWEST AND BEST BID MEETING SPECIFICATIONS BECAUSE OF THEIR INTERRELATION-
SHIP WITH OTHER DIVISION S EQUIPMENT.
.DISCUSSION AROSE AS TO HOW THIS AMOUNT WAS TO BE PAID AND WHETHER
1
A .SPECIFIC AMOUNT HAD BEEN PREVIOUSLY AUTHORIZED IN THE MINUTES. THE COUNTY
COORDINATOR LEFT THE MEETING TO CHECK ON THIS.
COMMISSIONER SCHMUCKER WITHDREW HIS MOTION AND COMMISSIONER Loy
.WITHDREW HER SECOND,
IT WAS AGREED TO MOVE ON TO OTHER MATTERS WHILE THIS WAS BEING
CHECKED OUT.
ATTORNEY COLLINS INFORMED THE BOARD THAT GENE MORRIS, TAX COLLEC-
TOR, HAD WRITTEN A LETTER IN REGARD TO TAX CERTIFICATES THAT HAVE NOT BEEN
TAKEN UP ON WHICH WE CAN NOW MAKE APPLICATION FOR TAX DEEDS IN THE COUNTY'S
NAME. HE NOTED THAT THESE CERTIFICATES INCLUDE THE LAND OWNED BY BUD
JENKINS ON WHICH SO MUCH TIME HAS BEEN SPENT TRYING TO SOLVE THE 14INING
PROBLEM. HE STATED THAT MR. JENKINS IS AWARE OF THIS.
DISCUSSION FOLLOWED AS TO THE PAYMENT OF POSSIBLE PRIOR CERTIFI-
CATES, AND VICE CHAIRMAN WODTKE INSTRUCTED ATTORNEY COLLINS TO HOLD THESE
CERTIFICATES, DO SOME FURTHER RESEARCH ON ANY PAST CERTIFICATES AND REPORT
BACK TO THE BOARD.
COUNTY COORDINATOR THOMAS REPORTED THAT AT THE MEETING OF APRIL
21ST THE BOARD AUTHORIZED THE PURCHASE OF 15 POCKET PAGERS FOR THE SEBASTIAN
VOLUNTEER FIRE DEPARTMENT AND AMBULANCE SQUAD AND SPECIFIED THAT THE FUNDS
BE TAKEN FROM FEDERAL REVENUE SHARING FUNDS, BUT DID NOT SET ANY SPECIFIC
AMOUNT.
ON MOTION -BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY ACCEPTED THE BID OF MOTOROLA COMMUNICATIONS & ELEC-
TRONICS, INC., IN THE AMOUNT OF $3,675.00, FOR 15 PAGECOM RADIO PAGERS, AS
BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS BECAUSE OF THEIR INTER-
RELATIONSHIP WITH OTHER DIVISION S EQUIPMENT; THE UNITS TO BE PAID FOR -OUT
OF FEDERAL REVENUE SHARING FUNDSQ
28
AUG 18 1976 kl
• ADMINISTRATOR .JENNINGS DISTRIBUTED TO THE BOARD COPIES OF -A LETTER
AND PROPOSAL RECEIVED FROM FOSTER WRIGHT, OF BLUE CROSS & BLUE SHIELD OF
FLORIDA, IN REGARD TO OUR GROUP LIFE INSURANCE PROGRAM AND STATED HE HOPED
THE PRESS WILL LET IT BE KNOWN THAT THE COUNTY IS.SEEKING PROPOSALS IN THE
AREA.OF A GROUP LIFE INSURANCE PROGRAM,
P. o. Box 1798 {
i,
832 Riverside Avenue
3•; �►®'� Jacksonville, Florida 02201
r (904) 791-6111 I
•
Blue Cross Blue Shield
ori olFlorMa
August 17, 1976
Mr. Jack Jennings, County Administrator
Indian River County ,
P. 0. Box 1028
Vero Beach_, Florida 32960
Ret Group 21122
i
Dear Mr. Jennings:
I have taken the liberty of refiguring your Life Insurance rate since j
we have consolidated the Road & Bridge Group with The Board of County
Commission payroll. Your present rate of $1.08 per thousand would be
reduced to $ .95 per thousand if all insured are increased to $5,000. {
I would like to make recommendation that we drop the maternity in your
group since it only pays out a total of $163. This is costing the.Couaty
$1.03 per month ou family contract.
I am proposing you increase your Life Insurance from $2,000 to $5,000.
Since you are naw paying $2.16 per month now, the increase to $5;000 would
be $1.51 per month.
As you know, $2,000 doesn't do what it used to when we added Life Insurance
to your group about 10 years ago. $5,000 is a more realistic figure in
these inflationary times.
In -the event of Accidental Death, the amount would be doubled to $10,000.
I hope this idea meets with your approval.
Sincerely,
BLUE CROSS & BLUE SHIELD OF FLORIDA, INC.
j
Foster V. Wright
Replcesentative
Fw/vsc .
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• 1
Blue Cross of Florida, Inc. Blue Shield of Florida, Inc.
_ 29 =..�
AUG 181976 .,
'60 t 26 'a"' 261
„
RANGE
° LIFEINSURANCE
American Bankers Life Assurance Company
BENEFITS
Class Employee Classification Amount .
Ol All Employees $5,000 s
--
The amount of life insurance for' each employee as shown above is payable without
restriction as to the time, place or cause of death. The benefit is payable in one lump sum to
the beneficiary named by the insured employee; or, the full amount plus interest will be
paid in installments that shall be designated by either the employee or the beneficiary.
EXTENDED INSURANCE
Should the insured employee leave his place of employment for any reason other than total
'
disability, his coverage will continue for the 31 days following his termination.
If the insured employee terminates his employment because of total disability while less
than 60 years of age, his life coverage will continue in force for the amount specified in
accordance with the schedule of benefits, for successive periods of one year each, with
premiums waived, as long as:: he remains totally disabled and the group policy remains in
effect: Written proof of continued disability must be submitted to American Bankers Life
within the last three months of each year.
CONVERSION PRIVILEGE
>
During the 31 day period following termination of employment or discontinuance of total
disability, the insured employee may convert his coverage to a face amount equal to that
provided by his group life insurance plan on any form of individual policy, except term
insurance, then customarily issued by theCompany.•The insured can make this conversion at
standard rates without medical examination or other evidence of insurability by sending his
request and payment of the first premium to American Bankers Life.
\,✓
:D.
A-372 (t.l:a-A96) 6/70
AUG 181976
i
���j� 26 262
DISMEMBERMENT BENEFITS
American Banners We Assurance Company
BENEFITS
Principal
Class Employee Classification Sum
01 ®11 Employees $5,000
' G
If an employee suffers an accidental loss as specified below, the amount payable is as
follows:
_
For the loss of
. "
Life .......................................... .principal sum
Both hands or both feet'or sight of both eyes ......................principal sum
One hand and one foot ............. ........... . . .........principal sum
One hand and sight of one eye .............. .................principal sum
One foot and sight of one eye ........ ..... .... .... .principal sum
i
Sight of one eye ............................... one half of the principal sum j
One hand or one foot .> . , .... .. ... , . ... one half of the principal sum
1
The above amounts'are payable, in addition to any other benefits, for death or bodily injury
caused solely by accidental, violent and external means except those resulting directly or
indirectly from self destruction, insurrection, war or act of war, air travel other than as a
fare paying passenger, military service, commission of assault or felony, drugs or poisons or
inhaling of gas whether voluntary or otherwise, bodily or mental infirmity or disease in any
form, sunstroke, ptomaines or bacterial infection other than in. consequence of an injury
.
caused by violent and accidental means:
i
All
A472 (AO&D•A8u Rev. 11/70
'-T
AUG 181976
- .a 5
V
COMMISSIONER Loy INFORMED THE BOARD THAT LAST APRIL, UPON THE
RESIGNATION OF WELFARE DIRECTOR GLADYS VIGLIANO, A NUMBER OF PEOPLE WERE
i
INTERVIEWED, AND IT WAS RECOMMENDED THAT JANICE 11NDSEY BE APPOINTED
INTERIM DIRECTOR. COMMISSIONER L.OY STATED THAT, SINCE THAT TIME, SHE HAS
WORKED WITH THE FINANCE OFFICER AND THE PERSONNEL DIRECTOR MAKING ADDITIONAL
INQUIRIES IN THIS REGARD; THEIR INVESTIGATIVE WORK IS COMPLETED, AND SHE
WOULD LIKE TO RECOMMEND THAT JANICE L.:NDSEY BE APPOINTED WELFARE DIRECTOR
EFFECTIVE OCTOBER 1ST, COMMISSIONER LAY CONTINUED THAT ONE 9F THE MAIN
REASONS TO DO THIS NOW IS TO GET READY FOR NEXT YEAR S BUDGET." SHE FURTHER
NOTED THAT MISS LINDSEY WAS PUT ON AN INTERIM BASIS AT A SALARY THAT WAS
APPROXIMATELY COMMENSURATE WITH A SECRETARY `S SALARY, AND SHE WOULD NOW
RECOMMEND THAT MISS LINDSEY BE HIRED AT AN ANNUAL BASIS OF $7,712.00, WHICH
IS A REGULAR STEP INCREASE.
COMMISSIONER LAY FURTHER RECOMMENDED THAT THE SECRETARY FOR THE
WELFARE DEPARTMENT, WHO IS NOW ON AN HOURLY BASIS, BE PUT ON A REGULAR BASIS
AS A CLERK -TYPIST, ALSO TO BE EFFECTIVE OCTOBER 1STt AND THE BOARD AGREED,
ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER MASSEY,
THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 76-56, APPOINTING JANICE
LINDSEY WELFARE DIRECTOR.
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RESOLUTION NO. 76-56
WHEREAS, Indian River County is need of a fulltime
Welfare Director; and
WHEREAS, JANICE LINDSEY has, on an interim basis,
occupied that position and perf,3rmed her duties expeditiously
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that JANICE
LINDSEY is hired as Welfare Director effective October 1, 1976
at an annual salary of SEVEN THOUSAND SEVEN HUNDRED TWELVE
DOLLARS ($7,712.00).
This Resolution shall become effective as of the
18th day of August , 1976.
BOARD OF COTJNTY COMMISSIONERS
OF RIVER COUNTY, FLORIDA
By INDI
/1�Z',
ZZ, � .
Willard W. Siebert, Jr., C airman
Attest:
xRaLj5h Har is, Cler
ADMINISTRATOR KENNINGS INFORMED THE BOARD THAT SOME OFFICIALS
OF THE D.O.T. WOULD LIKE TO MEET WITH MEMBERS OF THE BOARD IN THE COMMISSION
ROOM NEXT TUESDAY, AUGUST 24TH, AT 3:00 O'CLOCK P.M. FOR AN INFORMAL DIS-
CUSSION. i
VICE CHAIRMAN WODTKE STATED THAT DUE TO AN ARTICLE APPEARING IN
THE NEWSPAPERS FOLLOWING THE JOINT MEETING BETWEEN THE CITY OF VERO 'EACH,
THE COUNTY AND THE D.O.T., HE FELT WE SHOULD DO A SHORT RECAP OF THE COUNTY'S
UNDERSTANDING AS TO THE RELOCATION OF UTILITIES FOR THE 17T1• STREET RRIDRE,
SPECIFICALLY AS TO OUR AGREEMENT WITH THE CITY, AND REQUESTED THAT COMMIS-
SIONER•LOY GIVE SUCH A RECAP.
COMMISSIONER LOY EXPLAINED THAT THE COUNTY WAS GIVEN TO UNDERSTAND
THAT THERE WERE UTILITIES THAT NEEDED TO BE MOVED IN ORDER TO FACILITATE A
BRIDGE AT 17TH STREET AND WERE INFORMED THAT THE CITY OF VERO BEACH DID NOT
FEEL THEY SHOULD BEAR THE ENTIRE RESPONSIBILITY OF MOVING THESE UTILITIES,
NOR DID THEY HAVE ENOUGH FUNDS AVAILABLE TO DO S0, THE COUNTY, IN ORDER TO
ENSURE THE CITIZENS OF THIS AREA THAT WE WOULD HAVE A BRIDGE AT 17TH STREET,
PLEDGED THAT CERTAIN MONIES BE MADE AVAILABLE IN ORDER TO ASSIST WITH THE
MOVING OF THESE UTILITIES. SHE NOTED THAT THE MOVING OF THE UTILITIES WILL
BE BASED ON CONTRACTS WHICH WILL BE LET FOR THIS PURPOSE ONLY. SHE EMPHA-
SIZED THAT THE COUNTY DID SAY IT WOULD PLEDGE "�� $390,000 OF ITS
SECONDARY ROAD FUNDS TOWARDS THIS PURPOSE. COMMISSIONER LOY CONTINUED THAT
THE ESTIMATES PRESENTED IN ROUND FIGURES AT THE RECENT MEETING RAN CONSID-
ERABLY OVER WHAT WE HAD ANTICIPATED, AND WE DID SUGGEST THAT THE CITY ENGIN-
EERS GO BACK AND GET EXACT ESTIMATES IMMEDIATELY, WHICH ESTIMATES AND SPECI-
FICATIONS WILL BE THOROUGHLY CHECKED BY THE D.O.T. TO BE SURE THEY MEET ALL
OF THEIR REQUIREMENTS. WHEN THIS IS DONE, WE WILL THEN MAKE A FINAL DECI-
SION ON EXACTLY WHAT AMOUNT OF FUNDS WILL HAVE TO BE INVOLVED. COMMISSIONER
LOY REITERATED THAT AN AMOUNT UP TO $390,000 OF THE SECONDARY ROAD FUNDS IS
THE ONLY FIGURE WE EVER PLEDGED, AND THE CITY OF VERO BEACH INDICATED THEY
WOULD RELEASE THE DEED FOR THE RIGHT OF WAY TO THE 17TH STREET BRIDGE, BUT
NOT IN LIEU OF PAYMENT OF MONIES. ANY MONEY WE PAY WILL BE BASED ON THE
CONTRACTS THAT ARE LET,
e
34 _-
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ADMINISTRATOR KENNINGS AGREED THAT WAS EXACTLY HIS UNDERSTANDING
OF THE SITUATION, r
VICE CHAIRMAN uIODTKE REQUESTED THAT THE BOARD GIVE HIM RETRO-
ACTIVE APPROVAL FOR OUT-OF-COUNTY TRAVEL TO STUART,
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER.
THE BOARD UNANIMOUSLY APPROVED RETROACTIVE OUT-OF-COUNTY TRAVEL FOR COMMIS-
SIONER WODTKE TO ATTEND A DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICE
MEETING IN STUART AUGUST 12TH.
VICE CHAIRMAN WODTKE REPORTED TO THE BOARD ON THE H.R.S. MEETING.
HE NOTED THAT THE LEGISLATURE SPECIFIED REPRESENTATION AND VOTE BASED ON
POPULATION AND STATED THAT AFTER MUCH ARGUMENT, A 17 MEMBER DISTRICT BOARD
WAS DECIDED UPON, OF THESE 17 SEATS, PALM BEACH COUNTY WILL HAVE 12, ST.
LUCIE COUNTY 2, AND MARTIN, OKEECHOBEE AND INDIAN RIVER COUNTIES WILL HAVE
1 EACH. IT IS ALSO REQUIRED THAT THERE BE ONE COUNTY COMMISSIONER AND ONE
PHYSICIAN OR PSYCHIATRIST AMONG THE 17 MEMBERS OF THE BOARD, AND IT WAS
AGREED THEY SHOULD COME FROM THE PALM BEACH AREA. THE VICE CHAIRMAN CON-
TINUED THAT STAGGERED TERMS WERE SET UP, AND OUR ONE APPOINTMENT WILL BE
FOR A TWO-YEAR TERM, HE NOTED THAT THE NEW BOARD WILL TAKE OVER JANUARY 1ST
AND POINTED OUT THERE WILL ONLY BE FIVE REPRESENTATIVES FROM A FOUR-COUNT
AREA AND STATED HE WAS CONCERNED THAT WE WILL BE PAYING FOR HEALTH NEEDS IN
OTHER AREAS,
VICE CHAIRMAN WODTKE INFORMED THE BOARD THAT HE HAD BEEN APPROACHED
BY MR. OZGOWICZ AND MR. KEEN IN REGARD TO PARTICIPATING WITH PROPERTY OWNERS
ON ROAD PAVING AND WOULD LIKE TO ASK THAT THE ADMINISTRATOR UPDATE HIS IN-
FORMATION IN REGARD TO THE COST OF PAVING A ROAD ON COMMERCE AVENUE
11TH STREET AND 11TH PLACE AND AT A FUTURE MEETING GIVE US A ROUGH FIGURE
SO WE CAN ADOPT SOME TYPE POLICY IF WE SHOULD DECIDE TO PARTICIPATE.
IN FURTHER DISCUSSION, IT WAS AGREED THAT WE NEED UPDATED FIGURES
TO HELP REACH A DECISION AS TO SETTING UP A DEFINITE POLICY IN REGARD TO
ROAD PAVING, '
THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN
AUDITEL; WERE EXAMINED AND FOUND TO BE CORRECT WERE APPROVED AND WARRANTS
ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND M0, 52433 - 52522
1
35 '
AUG j 8197
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 3:20 "CLOCK PA
ATTEST:
P
L
CHAIRMKN Ile