Loading...
HomeMy WebLinkAbout9/8/1976 (2)THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY RE- CONVENED AT 9;06 O'CLOCK A.M. WITH THE SAME MEMBERS PRESENT. DANA HOWARD APPEARED REPRESENTING WARREN REIFF REQUESTING TENTATIVE APPROVAL OF INDIAN COVE SUBDIVISION. HE INFORMED THE BOARD THAT THEY INTEND TO PUT TOWN HOUSES ON THESE LOTS, WHICH ARE THE SOUTH HALF OF VERA CRUZ (PHASE 1). HE CONTINUED THAT THEY WILL BE ABLE TO GET WATER FROM THE CITY AND HAVE ALREADY GOTTEN APPLICATIONS APPROVED FOR 9_30 11 WATER TAPS. COMMISSIONER Loy DISCUSSED REQUESTS MADE BY THE SUBDIVISION REVIEW COMMITTEE, WHICH ARE AS FOLLOWS; August 20, 1976 wo TO: Board of County Commissioners • FROM: Jack G. Jennings SUBJ: Indi:•n Cove Subdivision A meeting of the Subdivision Review Committee was held in the County Commission Room, August 20, 1976, at 1:30 P.M. The following persons were in attendance: *Jack G. Jennings, County Administrator; Robert M. Berg, Assistant Planning Director; Barbara Berard, Planning Technician; Dewey Walker, Zoning Director; Dana Howard, Surveyor; and Warren Reiff, Owner/Developer; and Robert Jennings, Health Department. - Comments by the members were as follows: Jim Bei ndorf,.C.E. No objections to Subdivision as presented by Jack Jennings. Dewey Walker Due to the required setbacks on Lot 4, it will reduce the building area _ -to 100' in width. The present zoning, R-2, is correct. _ Robert M. Berg a Request that the number of units on each lot be removed.frgai tentative plat. Show drainage and the retention of the first one inch of rainfall on the property. c) Put deed restriction on Lot 4 to limit number of units since the developer indicated putting only three units on said lot. d Show cul-de-sac .as it is required according to the Subdivision Ordinance. •e� Existing wall located in the proposed A-1-A.R/W requires a separate instru- otent indicating subdivider and/or his heirs, assignees, will be responsible for the maintenance of said wall until such time as the County may require additional A -1-A R/W. Bob Jennings Inquired as to who was providing the water for the Subdivision. It was stated.that the City of Vero Beach would supply the water. It was also stated that Indian River Utilities were to provide the sewage system. No further comments or objections were made. Bob Berg made the motion to recommend approval of Indian Cove Subdivision subject to the above changes. 2n r�, 261:295 DISCUSSION FOLLOWED IN REGARD TO THE RETENTION OF THE FIRST INCH OF RAINFALL, AND ADMINISTRATOR JENNINGS NOTED THAT THIS MATTER WILL REQUIRE QUITE A BIT OF ENGINEERING AND WILL HAVE TO BE TAKEN CARE OF ON THE FINAL PLAT. COMMISSIONER WODTKE QUESTIONED THE DEED RESTRICTION ON LOT 4, AND ATTORNEY COLLINS STATED THAT THIS SHOULD BE FILED AT THE TIME THE PLAT IS RECORDED. DISCUSSION CONTINUED IN REGARD TO AN INSTRUMENT MAKING- THE SUBDIVIDER OR HIS HEIRS RESPONSIBLE FOR THE MAINTENANCE OF THE EXISTING WALL LOCATED IN THE PROPOSED RIGHT-OF-WAY OF STATE ROAD AIA. MR. HOWARD INFORMED THE BOARD THAT HE HAD DOCUMENTS AT HAND IN REGARD TO BOTH THE DEED RESTRICTION AND THE MAINTENANCE OF THE WALL. ATTORNEY COLLINS REITERATED THAT HE DID NOT FEEL DEED RESTRIC- TIONS SHOULD BE PUT OF RECORD UNTIL THE PLAT IS RECORDED, BUT -HE DID FEEL THE UNSIGNED DOCUMENT SHOULD BE MADE A PART OF THE MINUTES, THE LETTER SIGNED BY MR. HERSLOFF, .JR. AND MR. REIFF IN REGARD TO MAINTENANCE OF THE WALL AND THE UNSIGNED DECLARATION OF RESTRICTIONS ARE HEREBY MADE A PART OF THE MINUTES. 21 � � 26 :'4 ^ _ 296 September 2, 1976 Mr. Jack Jennings County Administrator Indian River County Vero Beach, Florida 32960 Dear Mr. Jennings: In consideration of the tentative approval of the plan and development of Indian Cove Subdivision, by the Indian River County Commission, we as owners of the lands to be subdivided according to the plat under consideration, hereby agree to the following: Upon final approval of the plat of Indian Cove Sub- division, we, our heirs, personal representatives and assigns, as owners of the above described lands, agree to be responsible for all maintenance of a certain existing wall now located Easterly of and adjacent to the proposed Indian Cove Subdivision,. in the proposed right-of-way of State Road A -1-A, until such time as the County may require additional right-of-way for State Road A -1-A. SEP 81976 DECLARATION OF RESTRICTIONS KNOW ALL MEN BY THESE PRESENTS, that the under- aigned SIGURD N. HERSLOFF, JR. and WARREN D. REIFF, being the owners of INDIAN COVE SUBDIVISION located in Indian River County, Florida, and more particularly described as follows: Commencing at the Intersection of the South line- of ineof the North half of Government Lot 9, Section 19- 32-40, said line also being the South line of Indian River Shores Subdivision as per Plat Book 4, page 73; Public Records of Indian River County, and the West rig�t-of-way line of State Road A -1-A, run South 17 551 16" East along said right-of-way line a distance of 686. 02 feet; Thence run South 890 59, 43" West along a line 38, 19 feet North of and parallel to the South line of aforesaid Government I,ot 9, said line also being the North line of Pebble Bay Estates Subdivision as per Plat Book 8, pages 17 and 17A, Public Records of Indian River County, Florida, a distance of 434. 12 feet to the o point of - beginning; Thence continue South 89 591 43" West a distance of 210. 0 feet to a chisled "X" on an existing seawall cap; Thence meander the shore of the Indian River the following courses; Run North 240 581 36" East a distance of 42.70 feet; Thence run North 020 081 36" East a distance of.119, 46 feet; Thence run North 070 211 44" East a distance of 100.26 feet; Thence leave the shore of Indian River and run North 740 461 46" East a distance of 124.71 feet; Thence run North 000 021 52" West a distance of 38.71 feet; Thence run North 890 571 08". East a distance of 54. 32 feet Thence run South 000 001 17" East a distance of 329', 00 feet and point of beginning. make the following Declaration of Restrictions covering the above described real property, speci.fing that this declaration shall constitute a covenant running with the land and that this declaration shall be binding upon the undersigned and upon all persons deraigning title through the undersigned. These restrictions, during their lifetime, shall be for the benefit of and limitation upon all present and future owners of the real property. 1. Any improvements on Lot 4 shall be limited to the number of three (3) residential dwelling units. f, P SEP 81976 DECLARATION OF RESTRICTIONS KNOW ALL MEN BY THESE PRESENTS, that the under- aigned SIGURD N. HERSLOFF, JR. and WARREN D. REIFF, being the owners of INDIAN COVE SUBDIVISION located in Indian River County, Florida, and more particularly described as follows: Commencing at the Intersection of the South line- of ineof the North half of Government Lot 9, Section 19- 32-40, said line also being the South line of Indian River Shores Subdivision as per Plat Book 4, page 73; Public Records of Indian River County, and the West rig�t-of-way line of State Road A -1-A, run South 17 551 16" East along said right-of-way line a distance of 686. 02 feet; Thence run South 890 59, 43" West along a line 38, 19 feet North of and parallel to the South line of aforesaid Government I,ot 9, said line also being the North line of Pebble Bay Estates Subdivision as per Plat Book 8, pages 17 and 17A, Public Records of Indian River County, Florida, a distance of 434. 12 feet to the o point of - beginning; Thence continue South 89 591 43" West a distance of 210. 0 feet to a chisled "X" on an existing seawall cap; Thence meander the shore of the Indian River the following courses; Run North 240 581 36" East a distance of 42.70 feet; Thence run North 020 081 36" East a distance of.119, 46 feet; Thence run North 070 211 44" East a distance of 100.26 feet; Thence leave the shore of Indian River and run North 740 461 46" East a distance of 124.71 feet; Thence run North 000 021 52" West a distance of 38.71 feet; Thence run North 890 571 08". East a distance of 54. 32 feet Thence run South 000 001 17" East a distance of 329', 00 feet and point of beginning. make the following Declaration of Restrictions covering the above described real property, speci.fing that this declaration shall constitute a covenant running with the land and that this declaration shall be binding upon the undersigned and upon all persons deraigning title through the undersigned. These restrictions, during their lifetime, shall be for the benefit of and limitation upon all present and future owners of the real property. 1. Any improvements on Lot 4 shall be limited to the number of three (3) residential dwelling units. 1. IN WITNESS WHEREOF, we have .set our hands and seals this day of 1976. Witnesses: Sigurd N. Hersloff, Jr. Warren D. Reiff STATE OF FLORIDA COUNTY OF INDIAN RIVER I hereby certify that on this day of 1976, before me personally appeared SIGURD N. HERSLOFF, JR, and WARREN D. REIFF, to me known to be the individuals described in and who executed the foregoing instrument, and severally acknowledged its execution to be their free act and deed. WITNESS my signature and official seal at Vero Beach, in the County of Indian River, State of Florida, the day and year last aforesaid. Notary Public, State of Florida at large. My Commission expires: r THE MATTER OF THE REQUIRED 20' DEDICATION OF RIGHT OF WAY WAS DISCUSSED, AND IT WAS NOTED THAT IT IS SHOWN ON THE PLAT. CHAIRMAN SIEBERT QUESTIONED WHETHER THE CITY COULD GRANT THE SUBDIVISION WATER WITHOUT APPROVAL OF THE.000NTY, AS ACCORDING TO THE TRIPARTIiF AGREEMENT THE COUNTY MUST FIRST RELINQUISH THE SERVICE AREA* TO THE CITY. SIGURD HERSLOFF, .JR., ONE OF THE OWNERS OF INDIAN COVE SUBDI- VISION, APPEARED AND STATED THAT HE ASSUMED EVERYTHING WAS IN ORDER AS THEY HAD ALREADY GOTTEN THEIR PERMITS AND WATER METERS, SPECULATION FOLLOWED AS TO WHETHER THIS AREA POSSIBLY HAS ALREADY BEEN RELEASED FROM THE COUNTY'S SERVICE AREA ALONG WITH VERA CRUZ.AND PEBBLE BAY. ADMINISTRATOR .JENNINGS ASKED IF IT WOULD BE FEASIBLE TO GRANT TENTATIVE APPROVAL SUBJECT TO THE VARIOUS CONSIDERATIONS THAT NEED TO BE RESOLVED AS THIS WOULD LET THE DEVELOPER PROGRESS, BUT ALL THE CONSIDERA- TIONS WOULD HAVE TO BE SATISFIED BEFORE APPROVAL OF THE FINAL PLAT. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MASSEY, COMMISSIONER LOY AND CHAIRMAN SIEBERT VOTED IN FAVOR, THE BOARD GRANTED TENTATIVE APPROVAL TO INDIAN COVE SUBDIVISION SUBJECT TO REVIEW BY THE ATTORNEY AND ADMINISTRATOR AS TO COMPLIANCE WITH THE RECOMMENDA- TIONS OF THE SUBDIVISION REVIEW COMMITTEE. CHAIRMAN SIEBERT ANNOUNCED THAT SOME OF THE COUNTY'S OUTSTAND- ING'CITIZENS WERE PRESENT IN ORDER TO PRESENT TO THE COMMISSIONERS THE PROPOSED CHARTER, AND HE EXTENDED TO THEM THE BOARD'S HEARTFELT THANKS FOR THEIR MANY HOURS OF WORK ON THIS DOCUMENT. SHERMAN SMITH, SJR., APPEARED, ACCOMPANIED BY J.B. EGAN, III, DANNY CESNER, RON HUDSON AND R.C. HASSELL. MR SMITH READ TO THOSE PRESENT A LETTER FROM DAN RICHARDSON, CHAIRMAN OF THE CHARTER COMMISSION, FORMALLY FORWARDING TO THE BOARD THE PROPOSED CHARTER, AND THANKED THE BOARD FOR THEIR INITIATIVE IN APPOINTING THE CHARTER COMMISSION. HE STATED THAT HE FELT THE CHARTER FORM OF GOVERNMENT WILL BE OF GREAT BENE- FIT TO THE COUNTY AND NOTED THAT THE PRIMARY CONSIDERATION SEEMS TO BE WHETHER THE CHARTER FORM OF GOVERNMENT WILL COST MORE. ATTORNEY SMITH NOTED THAT THE CHARTER DOES NOT MANDATE ANY EXTRA SERVICES AND UNLESS THE 25 -SEP 8 1976 2 6 SEP 81976 BOARD DECIDES TO MAKE CHANGES IN THEIR POLICIES, CHARTER GOVERNMENT WILL NOT COST ANY MORE THAN OUR_PRESENT FORM -OF GOVERNMENT. HE CONTINUED THAT IT WILL GIVE THE COUNTY COMMISSIONERS A GREAT DEAL MORE AUTHORITY, BUT HE FEELS IT IS MUCH BETTER TO HAVE LOCAL OFFICIALS WITH MORE AUTHOR- ITY THAN THOSE FAR OFF IN TALLAHASSEE. THE WHOLE INTENT I -S TO BRING HOME RULE GOVERNMENT TO INDIAN RIVER COUNTY. CHAIRMAN SIEBERT INFORMED THE BOARD THAT HE HAD RECEIVED A CALL YESTERDAY FROM HUGH RUSSELL, A MEMBER OF THE CHARTER COMMISSION, WHO WAS UNABLE TO ATTEND THE MEETING TODAY, AND ASKED CHAIRMAN SIEBERT TO CONVEY TO THE MEMBERS OF THE PRESS THAT HIS ABSENCE IN NO WAY REFLECTS HIS FEELINGS ON THE CHARTER. COMMISSIONER WODTKE COMMENDED MRS. ANNE ROBINSON FOR HER ACTIVE ROLE IN HELPING WITH THE CHARTER. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, COMMISSIONER MASSEY AND CHAIRMAN SIEBERT VOTED IN FAVOR, THE BOARD FORMALLY ACCEPTED THE PROPOSED CHARTER AS PRESENTED BY THE CHARTER COMM- ISSION. THE PROPOSED CHARTER IS HEREBY MADE A PART OF THE MINUTES. 26 P, . :,.1 h� INDIAN RIVER COCM HOME RULE CHARTER September 1, 1976 PREAMBLE The citizens of Indian River County, joined together with the knowledge that the purpose of county goverment is to benefit its residents, do hereby avail them - `selves of the opportunity afforded by the Florida Constitution and Laws of the State af Korida to adopt a County Home Rule Charter in the belief that such action will serve to create a more responsive and efficient form of local goven nent. -- ARTICLE I POWERS OF GOVERM4ENT Section 1.01. POLITICAL SUBDIVISION. Indian Fiver County shall be a political subdivision of the State of Florida, shall be a body corporate and politic and shall have all rights and powers of local self-govenmmt crni.cn are now, or hereafter may be, provided by the Constitution and Laws of Florida and this Home Rule Charter hereinafter referred to as the "Charter". Section 1.02 NAVE AND BOUNDARIES. The corporate name shall be 'Indian River County", hereinafter referred to as the "County", and it shall be so designated in all actions and proceedings tauching its rights, powers, properties and duties. Its seat and boundaries shall be those presently designated by law. Section 1.03. CEERAL POSERS OF THE COUNTY. A. The County shall have all powers acid duties prescribed in the Constitution, the Laws of Florida and this Charter and shall have all powers of .local self- govern-ment not inconsistent with the provisions of this Charter. B. 'All pokers of the County shall be carried into execution as provided by this Charter or, if the Charter makes no provision, as provided by ordinance or resolution of the County Commission or by the Constitution and Laws -of Florida.. Section 1.04. SPECIAL POWERS OF TEE (MINTY. A. .The County, operating under this Charter, shall have all special pagers and duties which are not inconsistent with this Charter heretofore granted by-law to the Board of County Commissioners and shall have such additional county and municipal powers as may be required to fu1fi11 the intent of this Charter. B. The County shall have all necessary powers to accomplish all local govern- ment purposes by and within special districts. C. Property situated within municipalities shall not be subject to taxation for services rendered by the County exclusively for the benefit of residents or property not within municipal boundaries, nor shall property situated outside of aamicipal boundaries be subject to taxation for services provided by the County ex- clusively for the benefit of residents or property within municipal boundaries. SEP 81976 ��r 26 M Q Section 1. 05. USE OF POWERS FOR TM PROTECTION OF CITIZENS' PROPERTY RIGHTS. In order to protect the residents of the County against unlawful taxes, improper use of public property or taxing power, and abuse of the environment, the County shall have the power and duty to investigate and by ordinance or by civil or criminal legal ac_alon, where appropriate, to prevent: (1.) the imposition of any tax within the County in excess of the limitations imposed by the Florida Constitution or the Largs of Florida; (2.) the use of public property.or taxing power within the County for the benefit of private individuals or business entities in violation of the restrictions imposed by the Florida Constitution or the Laws of Florida; (3.) the development or use of land or the c.cmni.ssion of other acts by private individuals or business entities which will have a substantially adverse effect on the fit. Section 1.06. TRANSFER OF POWERS. . The County shall have the power and authority by ordinance to assume and perform such obligations and functions now or hereinafter assumed -or performed by any munici- pality, spy=ci al district or agency whenever such municipality, special district or agency shall request the County to assume or perfornusuch obligations or functions. Section 1.07. DIVISION OF POWERS. This Charter hereby separates the legislative and adimnistrative functions of County government: the establishment and adoption of law and policy shall be the responsibility of the Legislative Branch and the execution of the law and policy shall be the responsibility of the Administrative Breach. Section 1.08. CONSTRUCTION. The powers granted by this Charter shall be construed liberally in favor of the County. The specified powers in this Charter shall not be construed as limiting; in ay way the general or special powers of the County. It is the intent of this Article to grant to the County full l power and authority to exercise all governmental and other powers necessary for the effective operation and conduct.of the affairs of the County. Section 1.09. SEVERABILITY. If ani article, section, subsection, sentence, clause or provision .of this Charter or the application thereof, shall be held invalid for any reason, the remainder of this Charter and of any ordinance, regulation or resolution made thereunder shall remain in full force and effect. IEGMATIVE BRANCH: =m ca+aSSI0N Section 2.01. O0MSITION, TERMS, quAm-ICATIONS AND CC TOSATION OF MDMM. A. The legislative power of the County shall be vested -in the Indian River County Clammission, hereinafter referred to as the "Commission". As of the effective date of this Charter, the Commission shall be composed of five (5) members elected countywide on a partisan basis. There shall be five (5) Commission Districts. The County Coen missioners, hereinafter referred to as the "Comidssioners", shall be electors of the County and shall reside in the district which they are to represent on the date on which they qualify. Any Camissioner who shall change his principal residence from -2- or cease to be a resident of the district from which he qualified shall thereby become disqualified to act as a Commissioner, and the office of that Can-ni.ssioner shall be deemed vacant. The Commission shall divide the County into five (5) districts of contiguous territory as nearly equal in population as practicable from time to time end at least after each decennial census. B. All C=Tdssioners shall be elected for staggered terns of four (4) years. The Commissioners fran even numbered districts shall be elected as Group'A and the Commissioners from odd numbered districts shall be elected as Group B. The terms of office shall begin on the Tuesday two (2) weeks following the day of the general or special election. C. The Cmuissioners' salaries shall be established in. accordance with general law, and the Commissioners at any time may reduce their salaries by ordinance to a level commensurate with their reduced duties and responsibilities under the Charter. The Comuissicmers shall not be reimbursed for expenses other than those specifically approved by the .Cami ssion. Expenses shall be reimbursed only when incurred according to the limitations ar:d.standards established by the Organizational Ordinance and shall not exceed the limits set by general law. D. The Constitutional office of*Cosmissi*cner of Indian River County shall be abolished on January 1, 1977, and the Caumissioners thein serving shall assume office as Commssioners provided by this Charter in Group A or Group B, respectively, vs the ease may be, to serve the sane number of years as an officer of Indian River County as shall remain in the respective term to which each was elected as a Constitutional County Commissioner of Indian River County. The terms of Group A and Group B shall end on the Tuesday two (2) weeks following the date of the general election held in -the last year of the term for which the Camissioners in Group A and Group B Caere elected as Constitutional Officers. Section 2.02. VACANCIES IN THE OFFICE OF CCK,,MIONER. Vacancies in offices of Commissioners shall be those defined by the Constitution.. and I.azas of Florida and, in addition, shall occur when a Commissioner changes his principal residence from or ceases to be a resident of the district from which he was qualified. If a vacancy occurs . in the office of a Canmi.ssioner, the vacancy shall be filled within sixty (60) days by an appointment made by a majority of the remaining members of the Commission. Should the Commission . fail to fill a vacancy within this period a special election shall be held within an additional sixty (60) days to fill the vacangr; provided, however, if there shall be a general election to be held within one hundred twenty (120) days of such a vacancy, then, there shall not be a special. election. Should there be. three (3) or amore unfilled vacancies. they shall be filled by the Governor as prescribed by the boas of Florida. Any vacancy filled airy of the above methods shall be filled for a term to end on the Tuesday two (2), w� follaaing the date of the general election. Sectia n 2.03. DUMES OF THE CMMSIM. A. The Commission shall have all jurisdiction and powers which are now or which hereafter may be granted to it by the Constitution. and Laws of Florida and such powers shall be exercised in a manner consistent with this Charter. Except as otherwise speci- fied herein, all jurisdiction, power and authority shall be exercised by a vote of not less than three (3) Commissioners at a regular, special or emergency meeting of the Cc miission. The Comuussicn, in addition to the powers and duties. provided in this. (barter, shall have the specific power and duty to. - 00 o:(1.) appoint the Administrator by a vote of four (4) Commissioners and suspend it remove the Administrator by a vote of three (3) Commissioners; (2.) adopt, amend or repeal such ordinances or resolutions as it deems necessary or advisable to exercise the powers and perform. the duties granted to the County; and (3.) review the budgetary requirements and make. budgetary detexnmrinations and ap- propriations for all County operations including, but not l.uni.ted to, those of all elected County officers, those of the Administrator, those of all county departments and offices and those of all authorities, boards, commissions, districts and other agencies of the County, or portions thereof, hereinafter called "county agencies". SEP 81976 Le (4.)` adopt, w=d or repeal an Organizational Ordinance; (5.).. adopt. and ,ii o id a merit system including a salary schedule for all per - so mel in accordance- with the provisions of this (Barter. (6.) adopt such rules of parliamentary procedures as shall be necessary or advi:aahl,z for the orderly transaction of business of the Ctnmission; and (7.) designate which officers and employees shall be bonded and fix the amount and approve the forms of the bonds. B. ' The Conmi.ssion shall elect from among its members a Chairman no earlier than the third Tuesday of each Noverfber and no later than the third Tuesday of each Deceirber of each calendar year, The Chairman,•in addition to the other powers and duties pro- vided 'in this Charter, shall have the specific power and duty to: (1:)- serve as the presiding officer of the Commission; (2.) serve as the official representative and ceremonial dignitary for the County with the prerogative to issue proclamations not having the force or effec of law; (3.) .sign documents, resolutions and ordinances for the Cor=ission; and (4.) call the Coamission into regular, special or emergency sessions. C. The C omission, when electing a Chairman, shall also elect from among its members a Vice -Chairman with all rights, privileges and duties of the Chairman in the absence of the Chairman. Section 2.04. MEEMTGS, RULES AMID VOTING. A. The Commission shall meet regularly at such times and places as the Corr&ssion from time to tine may -prescribe . Special meetings may be held on the call of the Chair-, man or of three (3) or more hers but not upon less than forty-eight (48) hours notice to each member, except in the event of an emergency. Adequate public notice of the time, place and purpose of the meeting shall be given in accordance T,ith procedures established in the Organizational Ordinance. In the event of a special or emergency meeting of the Comr.nrission, notice shall be given to those members of the news media. who have registered their names and addresses with the C=d-ssion. Notice to t'r:e na-m media shall follow immediately upon notice to the Com Assioners . B. Voting on motions shall be required, and the vote of each Commissioner shall be recorded in the journal. Three (3) menbers of the Cammi•ssion shall constitute a quorums. An affirmative vote of not less than three (3) members of the Canmissian shall be required to constitute an act of the Commission, except that, in the absence of a quorum, those present may postpone the meeting to a stated time and place. C. The C mmission, at its organizational meeting, shall elect its officers to serve for a period of me, (1) year. Such officers may serve consecutive- terms. The Chairman shall serve no more than two (2) consecutive terms. The Courdssicn shall have the right to reorganize at any regular meeting provided such reorganization is an amwunced agenda item. D. The Cnr ssion shall adopt an agenda procedure for its regular and special meetings within sixty (60) days of the effective date of this Charter. The agenda procedure shall conform to requirements of lora and shall specify the responsibility for composition and publishing of the agenda, when the .agenda will, be published, and the precedence in which items will be scheduled. The agenda procedure shall include an emergencq procedure and prescribe a subject matter format. - E. The Commission may take official action only by the adoption of ordinances, resolutions or motions. A7.1 members in attendance, including the.ihairman, shall vote an all Coumsi.ssion actions except as otherwise required or allowed by law. -4- SEP 8 i976 *� Section 2.05. NCH -SCE PROVISION. Except for the purpose of inquiry or infonwticn, Camiissiomers and other elected Cmnty officers, in dealing with County employees who are •subject to the direction and .;, supervision of the Administrator, shall deal solely through the Administrator. Neither the Commissioners nor the other elected County officers shall give orders or direction to Bary sur& employee either publicly or privately. Section 2.06. cwsmmA7 w AND mmm oF FuNcriais AMID mTc s. The duties, systems, functions or operations of all departments, offices and other agencies of the County, except those of the County Administrator, the County Attorney, the elected County officers and the Charter Review --Budget Appeals Board may be con- solidated by ordinance of the Camission with any other duty, system, function or opera- tion. Section 2.07. RECORDING, PRIlyTM AND CODIFICATION. The Ccandssion shall provide for the authentication and recording in full, in a properly indexed book kept for the purpose, of all minutes of meetings, ordinances and resolutions adopted by the Ccmcmissionh and all shall be a public record. The Cc.nni..ssiom si:iall cause copies of each ordinance and resolution having the force and effect of law and this Charter and each amendment to be printed or reproduced as promptly as possible following adoption. The Commission shall also maintain a codification of all ordinances on a continuing basis. Copies of Ordinances, resolutions, Charter amendments and the codification shall be available to the public at reasonable prices to be fixed by the Commission. AIMCIE III AMMUSMATIM BRANCI Section 3.01. ESTABLI nvm of AmmgsmAT= BRANCH: CUCSITICV. There shall be an Administrative Branch having jurisdiction over all operations of the County not assigned by this Charter to the legislative Brandi or to independently elected County officers. The Administrative Branch shall be composed of the County Administrator, hereinafter referred to as the "Administrator", and the officers and employees of his office and those of executive departments and offices established by .this Charter and the administrative officer and employees of all agencies of the County, except as otherwise provided in this Charter. Section 3.02. OOUNI.'Y AMIMSTRATOR: QUALIFICATIONS, ABSENCES AMID DISABILITIES AND F&OVAL. A. The Administrator shall be the head of the Administrative Branch of the County and shall serve at the pleasure of the Commission. The Administrator shall be chosen on the basis of his executive and administrative experience, his professional training, and other qualifications. He shall. maintain his principal residence within. the County during his tenure of office and shall not engage in any other business or occupation. B. The Cc missionremove the Administrator with sixty (60) days' notice or immediately with sixty (� days' severance pay. C. By letter filed with the Commission, the Administrator shall designate a. qualified county administrative officer or county employee to exercise the powers and perform the duties of the Administrator during the Administrator's temporary absence or disability. Notwithstanding such designation, the Commission mission may by resolu- tion desgpate a qualified person to perform the duties of the Administrator during the absence, disability or suspension of the Administrator or during any vacancy in the office of Uhninistrator. -5- SEP 81976 c Section 3.03. POAMiS, RINCTICNS, AND DUriEs cF T . A. The Administrator shall be the chief administrative officer of the County. The Administrator shall be responsible to the Commission for the proper administra- tion of all County affairs placed in the Administrator's charge by this Charter or ice.action of the Commission. The Administrator shall direct and supervise the ad- niin%straticl, functions and operations of the County and of its departments, offices and agencies, except ut= prohibited by the Constitution and Laws of Florida and except when such functions or operations are specifically assigned by this Charter or by action of the Commission to any department, office or agency whose head is not appointed by the Administrator. B. Except as otherwise provided by the Constitution and Laws of Florida, or by this Charter, the Administrator shall employ and, when he deems it necessary for the good of the County, he shall suspend or dismiss any employee of any department, office, or agency under the direction and supervision of the Administrator. The Administrator may authorize any county department head or officer to employ, suspend or dismiss subordinates in hie.. department or office. C. The Mministrator shall see that all ordinances, resolutions, and orders of the Cammissim and all Leas of Florida -which are subject to enforcement by the Adminis- trator or by officers who are subject under this. Charter to the Administrator's direc- tion and supervision are faithfully executed. D. The Administrator shall prepare and submit to the Commission. the annual county budget and capital program which shall include in separate sections the budgets pre- pared and presented by the elected County officers for the annual operations and capital programs of their offices. The Administrator shall execute that part of the budget placed in the Administrator's charge in accordance with appropriations and ordinances adopted by the Commission. E. The Administrator shall regularly exTdne the accounts, records, and operations Of every county department, office or agency under his direction. The Administrator shall make regular =thly reports to the Commission on county affairs, keep the C ni- miasion fully advised of the financial conditian and future needs of the County, and make such recommendaticros on county affairs as the Administrator deans desirable. Y. - The Administrator shall within three (3) months after the end of each fiscal year subnit to the Commission a complete report on the finances and administrative ac- tivities of the County for the preceding year. G. All duties, operations and functions :.now prescribed by the Constitution and. Laws of Florida for the office of the Clerk of the Circuit Court which relate to duties as ex -officio Clerk to the Board of County Commissioners and keeper of the official minutes of the Board of County Camussioners are hereby transferred to the Administrator. H. Under the supervision of the Commission, the Administrator shall: (1.) give due notice of the .time and place of Ccaauission meetings to the Com- missicners, the public, and members of the news media; (2.) keep the official journal and minutes of Carmission proceedings; and (3.) publish for the Commission notices, ordinances or resolutions, Chap -ter amendments or other matters that are required to be published and preserve proofe of publication. I. The Administrator shall exercise and perform such powers and duties as are required by this Charter or as may be prescribed by the CcmnLssicn. J. The Administrator, subject to the approval by the Commission in the form of an ordinance, delegate any of his powers or duties to any officer, department, or agency under his direction and supervision. ek R��r i'� ^ 307 Section 3.04. OFFICE OF COUNTY ATPORNEY. -There shall be the office of County Attorney,- the head of which shall be the Cc mty Attorney. The County Attorney shall be the chief legal officer of the County u;ho a„n-11 be appointed by the Camtiissicn. He shall represent the County, the Commission the 61e . 1• County officers, the Administrator and all departments, offices and agencies of the Coumty in all legal matters affecting their official duties. If the County At- torney certifies that he has a conflict*of interest in the performance of his duties., then he shall certify uii.ch agency of the County he will represent, if any, and the other agency or agencies may engage other counsel to represent them. Such other coun- sel shall be allowed reasonable compensation by the Commission. The County Attorney, may, subject to the approval of the Commission, appoint assistant county attorneys and engage the services of special counsel.. The Canty Attorney and all assistant county attorneys shall be licensed to practice lana in the State of Florida and shall not other- wise engage in the practice of law. Each shall serve an indefinite term which can be terminated by the Commission after sixty (60) days' notice or immediately with sixty (60) days' severance pay. ARTICLE IV 1: 'll M' 1 �1' • '�1 !� �) M • II • HSI 1 . Section 4.01. CUOtAL PROVISIONS. A. The activities under the direction and supervision of the Administrator shall be distributed among the initial departments established by this Charter or among those that may be established by the Organizational Ordinance. B. Each department shall be admmi_stered by the Administrator or by an officer appointed by him and subject under the Charter to his direction and supervision. The appointment of the department heads shall be subject to the. approval of the Commission. Section 4.02. INITIAL DEPARTMENTS AMID OFFICES. A. The following initial departments and offices are hereby established: (1.) Department of Finance; (2.) Department of Planning; (3.) Departmeut of Central Services; (4.) Department of Personnel; (5.) Department of Transportation; (6.) Department of Huunan Services; (7.) Departlmeat of Data Processing; and (8.) Former Nan -Charter Departments. Section 4.03, DEPAPM4W OF FIWCE. A. ?it: e slLail be a Department of Finance which shall be responsible for the &-1-d. gist atim of the financial affairs of the County.. The services provided by the . uepartment of Finance will be utilized by the elected County officers, the Administra- tor, and all other agencies of the County established by this Charter or by County ordinance. . B. All fiscal functions and duties now prescribed by the Constitution and Laws of Florida for the office of the Clerk of the Circuit Court which relate to the Clerk's duties as the custodian of county funds and auditor are hereby transferred to the De- partment of Finance. -7- C.' The Department of Finance shall: (1.) .assist the Administrator in the preparation and execution of the county budget and capital program; (2.; submit to the Co ndssion through the Administrator at the end of each fiscal year a written report on the financial transactions of the year and a cocmplete statement of the financial condition of the County at least once a year at a time designated by the Ccamissicn; (3.) perform such other duties as may be prescribed by the Organizational Ordinance; and (4.) furnish all financial and accounting services to the elected County officers, the Administrator and all departments under the direction of the Administrator establish- ed by this. Charter or by County ordinance. Section 4.04. DEPATMMr OF PLANNING. There shall be a Departmesit of Planning which shall make recdations to the Omission for the proper management of the growth of the County. The Department of Planning shall perform all ccaprehensive platmi.ng matters as delegated by the Conmis- sion in accordance with general law. The Department of Planning shall also prcvide the citizens of the County information pertaining to the applicable requirements and restric- tions of County, State, and Federal environmental related agencies. ti -r A-U-Mit1 I �1' A '1i1 I� / Mei Y' •1a1 M . There shall be a Department of Central Services which shall make purchases, con- trol and operate the motor pool, keep clerical records, provide building and maintenance divisions, and perform such duties as may be prescribed by this Charter, an ordinance, or the Organizational Ordinance. The services provided by the DepartTent of Central Services shall be utilized by the elected County officers, the A..dcrinistrator, all de- partmmts under the direction of the Administrator and all other agencies of the County established by this Charter, or by County ordinance, unless a specific item or service is exempted from► this requirement by ordinance adopted by the Ca mrLssion. Section 4.06. DEPAR7i M OF PERSONNEL. There shall be a.Department of Personnel which shall recruit enployees, establish and maintain, subject to the. approval of the Comttission, uniform salary and pay schedules and benefits for all county employees, maintain personnel records, process applications for employment, present to elected County officers and other department.heads.candidates for positions meeting qualifications and requirements of such official or department heads, and carry out standards, duties and responsibilities as may be prescribed and in the manner provided by the Organizational Ordinance. The elected County officers shall. have the right to appoint, hire, and fire their employees or deputies provided that they are processed through the personnel department acid appointment, enployamt or discharge . methods meet the criteria for appointment, employment or discharge established by the Organizatiovzal Ordinance. The Department of Personnel shall propose to the Commission through the Administrator a personnel section for the Organizational Ordinance which may include a merit system. There shall be a Department of Transportation which shall perform all those activities necessary to the construction maintenance and operation of the roads and bridges of the County and such duties as may be prescribed by this Charter or by County ordinance. Section 4.08. DEPARZM OF HLM SERVICES. There shall be a Department of Human Services which shall render those services Necessary and incident to CotmTmity Affairs, Public Health, Public. Housing, County Welfare, the Veterans Services Office, Mental Health, Parks, Recreation, Envircrment sad such duties as may be prescribed by this Charter or by County. ordinance. SEP 8 1976 r,�r�26, :,9 Section 4.09. DEPAIM4W OF DATA PROCESSING. There shall be a Department,of Data Processing which shall control and operate data processing in all departments which are under the direction and supervision of ti the Administrator, and perform such other duties as may be prescribed by this Charter or by County ordinance. All functions and services of the Department of Data Process- Lng tL_1 be made available to all other departments of the County. Section 4.10. FORMER NON -CM= DEPAmm=. All departments not specifically referred to by this Charter that are in existence on its. effective date shall continue to perform the functions presently provided by them until the Organizational Ordinance is adopted. Section 4.11. A. The Comm.ssim may create by ordinance, specifying the duties and membership thereof, adjustment, regulatory and advisory boards, development authorities, re- development authorities and other agencies. Members of these agencies shall serve with- out compensation except for necessary expenses approved by the Commission. All shall be a part of the county government and shall utilize the services of county dep_rtzzents and offices. - B. There shall be a Data Processing Advisory Board. The duties of the Data Processing Advisory Board shall be to give advice to its members on the proper use and utilization of existing and future data processing equipment and skills. The Administrator and all elected County officers who utilize data processing shall be members. All other govexrm-ental entities of the County shall be encouraged to join this board and upon application shall become niers. C. There shall be a Parks and Recreation Advisory Board. The duties of the Parks and Recreation Advisory Board shall be to advise the Commission on the highest and best use of the County parks and recreation effort, and any other duties as pre- scribed by the C omission or by County Ordinance. There shall be five (5) members an this Board. No two (2) members of the board shall reside in the same County Com- mission District. D. All duties, functions and respousiblities of any Arhisory Board designated by this Charter shall terminate on July 1, 1978, unless extended by ordinance adopted by the Commission. Section 4.12. ORGAIV=ow. I ORDINANCE. A. The Administrator shall prepare a proposed Organizational Ordinance which shall set forth departmental organization of the County and the nature and scope of each department together with all required rules and procedures for the operation of said departments and a comprehensive budget procedure. Within nine (9) months of the appointment 'of the initial Administrator, a proposed Organizational Ordinance shall be prepared and submitted to the Commission for review amendment and adoption by ordinance. The Administrator may, from time to time, submit to the Commission for consideration or adoption, any changes in organization, including combinations, de- letions, and creations of departments or divisions and transfers of responsibility between depar�nts and divisions. B. The Organizational Ordinance shall include the rules and regulations for a perscmel system which shall include a salary schedule, provisions for vacations, sick leaves, insurance benefits, and other benefits for all persons in accordance with the provisions of this Charter and shall prescribe a procedure whereby an employee will have an opportunity to be heard, upon his request, pending discharge, suspension or any designated disciplinary action and prcn-ide such other matters as are necessary or desi,:i:-4bh .:or a personnel system. The personnel section of the Organizational ainance may be in the form of a merit system. -9- .SEP 1gi6 ;,`' . 26 DI MD11 , j 0 ' Section 5.01. COUNTY SHERIFF. A. There shall be an elected County Sheriff B. The Constitutional office of Sheriff is hereby abolished, and all functions, duties, and powers of .that office are hereby transferred to the County Sheriff to be elected pursuant to this Charter. C. The County Sheriff shall carry out all functions, duties, and responsibilities prescribed by the Constitution and Leas of Florida for the Sheriff. Section 5.02. COUNTY PROPERTY APPRAISER. A. There shall be an elected County Property Appraiser. B. The Constitutional office of Property Appraiser is hereby abolished, and all functions, duties, and powers of that office are hereby transferred to the County Property Appraiser to be elected pursuant to this Charter. C. The County Property Appraiser shall carry out all functions, duties, and responsibilities prescribed by the Constitution and Laws of Florida for the Property Appraiser- Secti.oa .5.03. OD= TAX COILECIOR. A. There shall be an elected County Tax Collector. B. The Constitutional office. of Tax Collector is hereby abolished, and all functions, duties, and powers of that office are hereby transferred to the County Tax Collector to be elected pursuant to this Charter. C. The County Tax Collector shall carry out all functions, duties, and responsi- bilities prescribed by the Constitution and Laws of Florida for the Tax Collector. Section 5.04. COUNTY SUPERVISOR OF ELECTIONS. A. There shall be an elected County Supervisor of Elections. B. The Constitutional office of Supervisor of Elections is hereby abolished, and all functions, duties, and powers of that office are hereby transferred to the County Supervisor of Elections to be elected pursuant to this Charter. C. The County Supervisor of Elections shall determine and certify the qualifica- tion of candidates for county offices. D. The County Supervisor of Elections shall carry out all functions, duties, and responsibilities prescribed by the Constitution and Laws of Florida for the Supervisor of Elections. Section 5.05. COUNTY CLERK OF THE CIRCUIT COMM A. There shall be an elected County. Clerk of the Circuit Court. B. The Constitutional office of Clerk of the Circuit Court is hereby abolished, and all functions, duties, and powers of that office not previously transferred by this Charter are hereby transferred to the County Clerk of the Circuit Court to be elected pursuant to this Charter. 31 ft: - C. The elected County Clerk of the Circuit Court shall carry out all functions, duties, and responsibilities prescribed by the Constitution and Laws of Florida re- lating to the operation and maintenance in the County of the Judicial System of the gtute and to the recordation of public documents. All other duties and responsibili- ties of r;,e Constitutional office of the Clerk of the Circuit Court are hereby trans- ferred to the Aamxastrator. Section 5.06. ELECTION AND TEEN OF ELECTED COUNTY OFFICERS. All elected County officers as specified in Article V of this Charter shall be elected on a partisan basis for a term of four (4) years in the manner prescribed by general law. The term of office shall begin on the first Monday in January follow- ing the general election. Section 5.07. VACANCY IN ELECTED COUNTY OFFICES. Any vacancy in the office of an elected County officer specified in Article V Of this Charter shall be defined as provided by general la -7. Upon such vacancy, the elected County officer's chief deputy shall perform the duties of the office until such time as the Commission fills the vacancy, by appointment for a term to end the day after the next general election or, in the alternative, the Commission may within sixty (60) days of such vacancy, call a special election to fill such vacancy for the remainder of the term. Section 5.08. OFFICERS CONn=. A. The offices of Constitutional officers whose constitutional offices have been abolished shall terminate on January 1, 1977, and the officers, thereof shall assume the folladng elected positions under the Charter govercment until January 1, 1981, whereupon they or their successors shall stand for election as provided by this Charter: the former Sheriff shall become County Sheriff under the Charter goverrment; the former Property Appraiser shall.beccme County Property Appraiser under the Charter goverment; the former Tax Collector shall become County Tax Collector under the Charter goverrmient; the former Supervisor of Elections shall become County Supervisor of Elections under ' te Charter government; and the former Clerk of the Circuit Court shall become County Clerk of the Circuit Court under the Charter govenmimt. B. The transfer of powers made to elected County officers by this Article shall be subject to other provisions of this Charter, and the elected County officers shall perform their functions as a part of the Charter government. C. All elected County officers shall designate a chief deputy and file such designation with the Commission. Section 5.09. ELECM) COUNTY OFFICERS C WENSATION. Elected County officers shall be compensated at the sane rate and manner as vre- scribed by general law. All rights of retirement accrued by any Constitutional of- ficer shall be guaranteed by the Charter government. r �+ . war �• � «�• n h Each elected County officer shall prepare and submit an axwal budget and capital progran to the Commission as a separate section of the County budget and each shall execute his section of the budget and capital program in accordance with the appropria- tion and ordinances adopted by the Commission. -11- ti 4 r��'' 2 ,�^t E l"IMC• E VI 0 10 IV ki GN 10 0 • •1M• •� �t ' �� •, Section 6.01. POURS OF INITIATIVE AND REFERIlNDL14. A. The power to repeal this Charter, to propose amendments to this Charter, or to propose the enactment, repeal or amendment of any county ordinance by initiative is reserved to t; Section 7.02. am= REVIm4---Bu= APPEAiS BOARD, A. There shall be a Charter Review --Budget Appeals Board hereinafter referred to as the "Board". The Board shall be composed of five (5) manbers elected county- wi& nn a partisan basis. Each County Commission District shall constitute a Charter Review --Budget Appeal's Board.District and each such district shall have the same district ni er'zz that of the corresponding Commission District. The Board members shall be electors of the Cotet, and shall reside in, the district which they are to represent on the date en which they qualify, Any Board member who shall change his principal residence .£roan or cease to be a resident of the district frau which he qualified shall thereby became disqualified to act as a Board member and the office of that Board member shall be deemed vacant, B. The first members of the Board shall be appointed by the ComAssiom within three (3) nnnths fran the effective date of this Charter. Each member shall be ap- pointed for a term to expire at the time of the expiration of the term of office of the Commissioner representing the same numbered district. Thereafter, the members of the Board shall be elected in the same manner, at the same time and for the same teen of office as the Carnissioner representing the corresponding Ccnrnissio n District. A vacancy in office of any meeiber of the Board shall be filled by.appointTen.t by the Board for a'term to end at the next general election. C. McAbers of the Board shall serve without compensation but shall be allaomed necessary expenses when approved by the Cc mri..sSion. D. The Board shall be funded by the Coatadssiori. Section 7.03. POWERS OF ME allUMR. REVIZI--BUDGET APPEAIS BOAM. A. The Board shall be empowered to conduct a continuing study of any or all phases of County goverment. B. After -cue (1) year from the effective date of this Charter the Board may, by vote of four (4) members, adopt a proposal to amend or repeal this Charter. C. if the proposal is presented to the Commission more than sixty (60) days be- fore the next general or special election, the Cormissiom shall. submit the proposal to the County electors at that election. If the proposal is submitted within sixty (60) days of such election, then the proposal shall be submitted by the Commission to. the Camty electors at the following general or special election: ; , provided, however, that if there is none scheduled within the neat one hundred twenty (120) days, the Coun[dssion shall call a special election so that the electors may vote on the proposal.. D. The Commission shall notify each elected County officer of its final action on his section of the budget. Within five (5) days after that notice, any elected County officer may file his written appeal to the Board requesting a review of the budget items specified in the appeal and the elected County officer shall file a copy of his appeal with the Ccamissien. E. The Board shall within fourteen (14) days of receipt of such appeal hold a hearing on the appeal. F. The Board shall hear arguments in a manner prescribed by the Board; of the C omission, the elected County officer and all other interested parties. G. Within a reasonable period of time, the Board by majority vote shall determine. the validity of all items on appeal. H. the Board shall send its decision to the Condssion, I. In the event of a change, the Camdssion shall readjust the elected CoMty officer's budget in accordance with the decision of the Board. J. The Board shall create and elect appropriate officers as it deems necessary and proper for the orderly conduct of its specific duties. SEP Section 7.04. OOIDUCT OF COUNTY ORDINANCES WrM MUNICIPAL ORDINANCES. 14otAthstanding other provisions of this Charter, any county ordinance in conflict with a municipal ordinance shall not be effective within the municipality to the extent of auh conflict regardless of whether such municipal ordinance was adopted or enacted before or after the county ordinance. A municipal ordinance shall also prevail over a county ordinance in the area of comprehensive land use planning. In the event a county ordinance and a municipal ordinance shall cover the same subject matter without conflict, both the municipal ordinance and the county ordinance shall be effective, each being deemed supplemental, one to the other. Section 7.05. SPECIAL TANG DISTRICTS OR UNITS. A. The Commission shall have full power to create, alter, or abolish special taxing districts or units to the full extent granted by the Constitution and the Laws of Florida; provided, however, that such actions must be confirmed by an election in which only those electors in such a district or unit shall be eligible to vote. A majority of those voting in said election must confirm the actions of the Commission - B. - ommissian. B,. All special taxing districts or units created after January 1, 1977, within the County shall be subject to such uniform budget and audit procedures as may be es- tablished by the Comnission, and they may be required by the Commission to utilize any county services. Such services may be providzd at a rate o€ -compensation not above actual costs as determined by the Commission. C. The Commission may by ordinance create districts for the purpose of levying ad valorem taxes or special assessments to pay for the furnishing of municipal services, and the taxes imposed shall be within the limits set for municipal purposes. Each such district created must be confirmed by an election in which only those electors in that district shall be eligible to vote. Section 7.06. EFFECT OF DUCAL LAWS. All existing laws, ordinances, regulations, and resolutions of all units of the former government that are not inconsistent with or in direct conflict with the provisions of this Charter shall remain operative. Section 7.07. LEGAL ACTION INVCLVING ME COUNTY. In any legal action by or against the County, or any of its departments, agencies, officers or employees in their capacities as such, the County as a Corporate Body shall be the party named and shall appear and participate in the cause on behalf of the department, agency, officer or employee. Wherever the County Sheriff, County Property Appraiser, County Tax Collector, County Supervisor of Elections, County Clerk of the Circuit Court or Board of County Commissioners may or shall be a party to any legal action, the County shall be substituted for such defendant. Section 7.08. ECISTING CONTRACTS. No provision of this Charter shall be construed to interfere with any valid con- tract subsisting on the effective date of this Charter. Section 7.09. UMURM BUDGET PROCEUME. All County departments, offices and agencies, and all elected County officers, shall operate under a unified and uniform budget system. No officer or employee of the County shall be cca pensated by fees, and all fees collected by any department, office, agency or elected County officer shall be deposited in the County treasury. 8 076 -14- '���-` 26 Section.7.10. AUDIT. The Ccemmi.ssion shall provide at least annually for an independent post -opinion . audit of the accounts and other evidence of the financial transactions of the County acid of every county department, office, and agency. The audit shall be made by a Certified Public Accountant designated by the Commission and shall be started within ninety (90) daye after the close of the fiscal year. If the State makes such an audit, the Corm-dssicn may accept it as satisfying the requirements of this section. If the audit has any adverse comment pertaining to the office of an elected or appointed County officer, that elected or appointed County officer shall be given the opportunity to have a reply to those adverse findings included as a part of the audit report. Section 7.11. FIRE PROTECTION. The Com fission may establish a system of fire protection to serve the entire arca of Indian River Cv_nty. The Commission may charter fire departments in unincorporated areas of the County to provide such protection. Section 7.12. QUALIFICATIONS OF ELECTORS. All citizens qualified by the Constitution and Laws of Florida as electors of the County shall be qualified electors of the'County within the meaning of this. Charter. AFMICLE VIII TRANSITION PROVISIONS A special election on: this Charter shall be held in accordance with the require- ments of the Constitution and Laws of Florida. The question on the ballot shall be as follows: "SHALL THERE BE A HME RULE CHASM FOR INDIAN RIVER 00UNTY, FLORIDA, PRDVIDING FOR THE RESTRUCMRIAv OF COUNTY GOVEMM, MUCH SHALL TAKE EFFECT JANUARY 1, 1977, AS PMVIDED BY CIiAiY!'ER DATED SEPTEc4,ER 1, 1976." FOR CHARM: Section 8.02. FORM OF NOTICE:. The form of notice of the special election by which this Charter shall be sub - witted to referendum shall contain the complete text of this Charter. Section 8.03. EFFECTIVE DATE. This Charter shall became law when approved by a majority of those electors voting on the matter in a special election to be held in the County under the pro- W:sions or the Constitution and the Laws of Florida. The Charter govenrmxmt shall assume all powers and duties provided by this Charter on the first day of January, 1977, the effective date of this Charter. Section 8.04. INITIAL MAMER COUNTY ADM[NISTRAMR. It shall be the obligation of the Commission to employ the first Administrator within six (6) months after the effective date of this Charter. Pending the selection of the initial Administrator, the Commission shall be empowered to appoint an interim Administrator with full powers of the Administrator. SEP 1976 (foo, M i 1 . Section 8.05 , REVIEW OF CIIAIdER Oall-aSSION MOMS. The Canmission and the Administrator shall review the reports and recamenda- tions of the Curter Commission and its Committees in connection with the imple- mentation of this Charter and the development of the organizational Ordinance. Section 8.06. COPERATIM OF FOWE R CIDVERMT. All officials and employees of the former goverrnnent shall cooperate and assist the Comnissicn in the orderly transfer of duties and responsibilities. The C mmissicn and its designees shall be entitled to ermine all records, files, and data pertaining to offices of the former government. Section 8.07. OFFICE AMID OMCERS OF IURmM GOv.ERNmENT. All officials, departments, offices, and agencies shall continue to perform their respectiveduties and functions until their respective successors have been elected, appointed, or otherwise provided for by the Charter goverrnnent and they have taken office. Unless otherwise provided by this Charter, all departments, offices, and agencies of the former government shall continue to exist on the effective date of this Charter, and all powers, duties, and functions thereof shall be transferred and vested in the Charter government. All departments, offices, and agencies shall, upon the effective date of this Charter, promptly account for and release to the County any and all property for which they would have been accountable to any former govern- umt. Section 8.08. DEFINITION OF CWTIlUM DPLo)=. *W person who is compensated for services to the . County or its departments,. offices or agencies by payment of fees or retainers and any employee not working in a full-time capacity shall be termed a part-tim employee by the A-daunistrator and shall notbe autanatically cacti rued in such position or office as contemplated by this Charter. Otherwise, all employees of the Board of County C ar&ssioners, the Constitu-. tional offices, and agencies which are incorporated into the Charter govermneht shall be deed continued employees. Section 8.09. EMPIOMS` CONTINuATi0N. All continued employees of the former gover=ent as defined by this Charter shall, on the effective date of this Charter, continue to be employees of the Charter govern- ment. Salaries and benefits of all such emplcyees shall be caitinued until the end of the fiscal year at no less than the same level prevailing on the date of the referendum approving the Charter. Section 8.10. PROCEEDINGS CMTINUED. All proceedings, petitions, and hearings pending before any department, office, or agency of the former government shall remain in full force and effect. All such petitions, hearings, or other proceedings shall be completed by the department, office, or agency of the Charter goat succeeding to its rights, duties, and obligations. .Section 8.11. OUTSTANDING BONDS. All outstanding bonds issued by the Board of County Commissioners of .Indian River County and all special districts or authorities abolished or altered by the Charter are .obligations of the County. However, payment of. such obligations and the interest there- on shall be made solely from and charged solely against funds derided frau the sources frcm which such payment would have been made had this Charter not -become effective. Section 8.12. DATE OF THIS CIArmm. The date of this Charter is September 1, 1976. -16- 0 SEP 8 1976 ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, Gk ;ISSIONER MASSEY AND CHAIRMAN SIEBERT VOTED IN FAVOR, THE BOARD INSTRUCTED THE SUPERV!SOR OF ELECTIONS TO PLACE THE PROPOSED INDIAN RIVER COUNTY HOME RULE CHARTER ON THE BALLOT FOR THE GENERAL ELECTION OF NOVEMBER 2ND AS PER WORDING APPEARING IN ARTICLE VIII OF SAID DOCUMENT, ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, COMMISSIONER MASSEY AND CHAIRMAN SIEBERT VOTED IN FAVOR, THE BOARD AUTHORIZED THE ATTORNEY TO PROPERLY ADVERTISE THE REFERENDUM FOR THE CHARTER, WILLIAM KODLAGE, PRESIDENT OF THE AMERICAN ASSOCIATION OF RETIRED PERSONS, ASKED FOR AN EXPRESSION FROM THE BOARD AS TO WHETHER THE PROPOSED CHARTER WILL INCREASE THE AD VALOREM TAXES. CHAIRMAN SIEBERT STATED THAT HE HAS WRITTEN CHAIRMAN RICHARDSON OF THE CHARTER COMMISSION IN REGARD TO THAT QUESTION, AND HIS LETTER IS AVAILABLE TO THE PUBLIC IN THE CHARTER COMMISSION OFFICE. COMMISSIONER MASSEY COMMENTED THAT HE FELT THE BEST FEATURE OF THE PROPOSED CHARTER IS THAT IT REMOVES SOME -OF THE INFLUENCE OF THE STATE GOVERNMENT FROM THE LOCAL GOVERNMENT AND ALSO NOTED THAT THE COMM- ISSIONERS, THEREFORE, SHOULD BE ABLE TO DISTRIBUTE THE MONEY BETTER THAN THEY HAVE IN THE PAST. COMMISSIONER WODTKE NOTED THAT ANY TIME YOU MAKE A CHANGE, IT MAY COST SOME MONEY IN THE INITIAL ONSET DUE TO CHANGES IN DATA PROCESS- ING, PERSONNEL, EQUALIZATION OF SALARIES, ETC., BUT HE FELT IN THE LONG RUN, WITH THE CLOSER CONTROL THE COMMISSION WOULD HAVE, IT WOULD NOT BE AN ADDED BURDEN.TO THE TAXPAYER. HE POINTED OUT THAT COSTS COULD WELL INCREASE WHETHER WE GO TO THE CHARTER FORM OF GOVERNMENT OR CONTINUE OUR PRESENT FORM OF GOVERNMENT. COMMISSIONER LOY THANKED THE MEMBERS OF THE CHARTER COMMISSION FOR THE VALUABLE SERVICE THEY HAVE PERFORMED FOR THE CITIZENS OF THIS COUNTY AND FOR THFIR FURTHER WORK IN CONTINUING DILIGENTLY TO INFORM THE PUBLIF-L :':+ THIS MATTER BEFORE THE ELECTION. CHAIRMAN SIEBERT INFORMED THE BOARD THAT THE NATIONAL SOCIETY OF THE DAUGHTERS OF THE AMERICAN REVOLUTION HAS REQUESTED THE BOARD TO PROCLAIM SEPTEMBER 17-23 "CONSTITUTION WEEK." 27 r Fi n ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, COMMISSIONER MASSEY AND CHAIRMAN SIEBERT VOTED IN FAVOR, THE BOARD !AUTHORIZED THE CHAIRMAN TO MAKE A PROCLAMATION DESIGNATING THE WEEK OF SEPTEMBER 17-23, 1976, "CONSTITUTION WEEK" FOR INDIAN RIVER COUNTY, PROCLAMATION WHEREAS, September 17, 1976 marks the one hundred eighty-ninth.anniversary of the adoption of the Constitution .of the United States of America by the Constitution Convention; and WHEREAS, To accord official recognition to this memorable anniversary, and.to the patriotic exercise that Will form a noteworthy feature of the occasion, seems fitting and proper; and WHEREAS, Public Law No. 91S guarantees the issuing of a Proclamation each year by the President of the United States of America.designating September 17 through 23 as Constitution Week. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the week of September 17 to September 23, 1976 be designated as CONSTITUTION WEER and all citizens of Indian River County, Florida are urged to pay special attention during that week to our Federal Constitution and the advantages of American Citizenship. Done in regular session of the Board of county Commissioners of Indian River County, Florida, on the 8th ! day of September, 1976. i BOARD OF COUNTY COMMISSIONERS OF INDI RIVER CO Y, FLORIDA By Wi lard Siebert,.Jr., h rman Attest: Rali�3ris, Clerk 28 SEP 81916 E DEWEY WALKER, ZONING DIRECTOR, APPEARED IN REGARD TO A SPECIAL EXCEPTION TO ORDINANCE 74-20 REQUESTED BY CURTIS AND CAROLYN BRAY. MRS. BRAY WAS ALSO PRESENT. MR. WALKER MOTED THAT MR. AND MRS. BRAY HAVE OWNED THIS PROPERTY SINCE 1960 AND THEY WISH TO PUT A TRAILER ON IT. THE PROPERTY IS PROP- ERLY ZONED R-1RM AND THERE IS NOTHING BUILT ON IT AT PRESENT. THERE IS NO PUBLIC ROAD TO THE PROPERTY, BUT THERE IS A NARROW PRIVATE ROAD WHICH DOES ALLOW INGRESS AND EGRESS, WHICH HAS BEEN USED BY THE PEOPLE LIVING IN THIS AREA FOR THE LASTS OR 10 YEARS. MR. WALKER STATED THAT THIS IS A STANDARD EXCEPTION. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MASSEY, COMMISSIONER LOY AND CHAIRMAN SIEBERT VOTED IN FAVOR, THE BOARD GRANTED A SPECIAL EXCEPTION TO ORDINANCE 74-20 TO CURTIS AND CAROLYN BRAY. DEWEY WALKER NEXT DISCUSSED THE SPECIAL EXCEPTION TO ORDINANCE 74-20 REQUESTED BY CLARENCE AND PAULINE STORY AND EXPLAINED THAT THERE IS A RESIDENCE ON ONE END OF THIS PROPERTY AND THE STORYS WISH TO PUT A TRAILER ON THE OTHER END OF THE PROPERTY FOR MR, STORY'S ELDERLY UNCLE. MR. WALKER NOTED THAT THE PROPERTY IS PROPERLY ZONED R-IRM. DISCUSSION FOLLOWED AND ATTORNEY COLLINS STATED THAT THIS SITUA- TION DOES NOT BELONG UNDER SPECIAL EXCEPTIONS AND SHOULD GO TO THE VARIANCE BOARD. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, COMMISSIONER MASSEY AND CHAIRMAN SIEBERT VOTED IN FAVOR, THE BOARD AGREED THAT THE REQUEST OF CLARENCE STORY FOR A SPECIAL EXCEPTION BE REFERRED TO THE VARIANCE BOARD WITH THE COMMENT THAT THE BOARD FINDS THE REQUEST VERY JUSTIFIABLE BUT FEELS IT MORE PROPERLY BELONGS IN THE PURVIEW OF THE.VARIANCE BOARD. ATTORNEY ROBERT .JACKSON APPEARED IN REGARD TO 'WATER SERVICE FOR PROPERTY LOCATED ADJACENT TO THE NEW HOSPITAL. HE STATED THAT HE IS PART OWNER OF LAND NEAR THE NEW HOSPITAL, ALONG_WITH .JAMES STINSON, AND THEY HAVE A CONTRACT TO SELL IT TO RALMAR ASSOCIATES SUBJECT TO VARIOUS SOIL REQUIREMENTS, WATER SERVICE, ETC. HE CONTINUED THAT IT HAS NOT 'YET BEEN REZONED BECAUSE OF THE WATER PROBLEM, BUT WHENTHISIS RESOLVED, THEY WILL GO BEFORE THE ZONING COMMISSION FOR A PUBLIC HEARING. -29 SEP 81976 , �'26 ATTORNEY .JACKSON NOTED THAT THEY HAVE A GOVERNMENTAL PROBLEM WITH THE STATE, THE CITY AND THE COUNTY IN THAT THE COUNTY HAS DENIED THEM A WATER ALLOCATION, THE CITY REFUSES TO GIVE THEM PERMISSION TO TAP INTO THEIR LINE TO THE HOSPITAL, AND THE STATE WILL NOT GIVE THEM A PERMIT FOR A WELL BECAUSE A PUBLIC WATER SUPPLY FACILITY RUNS BY THIS PROPERTY. ATTORNEY .JACKSON INFORMED THE BOARD THAT THEY HAVE PLANNED FOR THIS PROPERTY 40 CLUSTERED SINGLE -STORY OFFICE BUILDINGS FOR DOCTORS AND NEED AN ALLOCATION OF 10,000 GALLONS PER DAY. HE POINTED OUT THAT THE HOSPITAL IS ANTICIPATED TO OPEN NEXT .JUNE; THERE IS_A NEED FOR SUCH ANCILLARY; HOSPITAL -RELATED OFFICES NEARBY; AND THEY ALREADY HAVE. SEVERAL LETTERS OF INTENT FROM DOCTORS WHO WANT TO START CONSTRUCTION. ATTORNEY JACKSON CONTINUED THAT ACCORDING TO THE CITY OF VERO BEACH, THE COUNTY DOES HAVE 110,000 GALLONS PER DAY OF WATER LEFT TO ALLOCATE, AND WHILE THIS ALLOCATION WOULD BE FOR PRIVATE ENTERPRISE, HE COULD NOT THINK OF ANY PRIVATE ENTERPRISE WHICH WOULD DESERVE IT MORE SINCE IT IS HEALTH RELATED. CHAIRMAN SIEBERT NOTED THAT JAMES BEINDORF IS CONSULTING ENGINEER FOR THE COUNTY AND ALSO ENGINEER FOR THIS PARTICULAR PROJECT, AND BECAUSE OF THIS CONFLICT, HE DID NOT FEEL MR. BEINDORF SHOULD BE ASKED TO MAKE ANY RECOMMENDATIONS. MR. BEINDORF COMMENTED THAT HE FELT THE MAIN THING ATTORNEY JACKSON WAS TRYING TO POINT OUT IS THAT HE IS IN A POSITION WHERE HE CAN IT DO ANYTHING. COMMISSIONER SCHMUCKER RETURNED TO THE MEETING AT 10:25 O#CLOCK A.M. DALE SORENSEN, CHAIRMAN OF THE BOARD OF TRUSTEES OF THE INDIAN RIVER COUNTY HOSPITAL DISTRICT, APPEARED AND STATED THE HOSPITAL BOARD IS EXTREMELY CONCERNED ABOUT WHAT SEEMS TO BE SOME SORT OF ANTI -HOSPITAL OR ANTI -DOCTOR ATTITUDE ON THE PART OF OUR GOVERNMENTAL AGENCIES AND CANNOT UNDERSTAND WHY THESE PEOPLE, WHETHER THEY ARE DOCTORS OR NOT, ARE HAVING +!411, A VERY DIFFICULT TIDE GETTING THEIR PROBLEMS RESOLVED. CHAIRMAN SIEBERT STATED THAT THE BOARD HAS NEVER EXPRESSED ANY ANTI -BUSINESS, ANTI -DOCTOR, OR ANTI -ANYTHING SENTIMENTS IN REGARD TO WATER ALLOCATION. MR. SORENSEN APOLOGIZED AND CONTINUED THAT THE HOSPITAL BOARD'S FEELING IS THAT, IF THERE IS.110,000 GALLONS PER DAY AVAILABLE, THEY WOULD ASK THAT THE BOARD GIVE SERIOUS CONSIDERATION TO ALLOCATING THE MAJOR 30 SEP 8-1976 JIM", � 32 PORTION OF THIS GALLONAGE TO AREAS AROUND THE HOSPITAL AS DOCTOR'S OFFICES ARE OF MAJOR CONCERN.AND BENEFIT TO THE COMMUNITY AND WILL ALSO BEtWF:T THE MEDICAL CARE THE HOSPITAL CAN GIVE. HE NOTED THAT IF THIS ALLOCATION iS NOT MADE AVAILABLE, IT COULD .HURT AND HINDER THE HOSPITAL FROM AN ECONOMIC STANDPOINT AS WELL AS AFFECT THE QUALITY OF CARE THEY CAN OFFER. MR. SORENSEN POINTED OUT THAT THE HOSPITAL NEEDS THE TYPE OF DEVELOPMENT PROPOSED BY ATTORNEY .JACKSON AND NEEDS IT AS SOON AS IT OPENS, AND IF THIS SITUATION IS NOT RESOLVED, THE HOSPITAL BOARD MAY HAVE TOCONSIDERPROVIDING THIS TYPE OF FACILITY FOR ITSELF. HE STATED THAT HE WAS SURE THE BOARD WOULD NOT WANT TO SEE THE HOSPITAL HAVE TO COME BACK AS THEY DID ONCE BEFORE AND REQUEST HIGH MILLAGE.RATES BECAUSE THEY COULD NOT MAKE A GO OF IT. MR. SORENSEN FURTHER STATED THAT THE HOSPITAL BOARD WAS ASKED TO PASS A RESOLUTION FAVORING ALLOCATION OF WATER TO THIS TYPE OF DEVELOPMENT, WHICH THEY DID, AND THEY NOW CANNOT UNDERSTAND HOW THIS SITUATION HAS COME ABOUT. ATTORNEY CHARLES HERRING, REPRESENTING URBAN DEVELOPMENT UTILI- TIES, APPEARED AND ASKED THAT THE BOARD GIVE FURTHER CONSIDERATION TO 1 THEIR WATER ALLOCATION AS ENGINEERING STUDIES DONE BY MRS BOSTWICK OF THE D. E. R. HAVE NOW INDICATED THAT THE 374,000 G . P . D . ALLOCATED WILL NOT SERVICE 1,200 AS CONTEMPLATED UNDER THE CONTRACT. ACCORDING TO THEIR FIGURES, THE WATER ALLOCATED WILL SERVE NO MORE THAN ARE PRESENTLY ON THE SYSTEM, AND THEREFORE, THE F.H.A. NOW FEELS THE PROJECT IS NOT ECONOMICALLY FEASIBLE.ATTORNEY HERRING.STATED THE PROJECT AS IT STANDS NOW IS NOT WORKABLE WITHOUT 500,000 G.P.D. AS ORIGINALLY CONTEMPLATED AND ASKED THAT CONSIDERATION BE GIVEN TO THESE FACTS-,* WHICH HAVE NOT HERETOFORE BEEN BROUGHT BEFORE.THE BOARD, ATTORNEY HERRING THEN QUESTIONED WHETHER ATTORNEYJACKSON'S WELL PERMIT HAD ACTUALLY BEEN DENIED AND NOTED THAT IN AN 00 LETTER THE. DOCTORS HAD ASKED FOR 66,000 G.P.D.-FOR 14 OFFICES AND NOW THEY ARE ASKING FOR 10,000 G.P.D. FOR 40 UNITS, WHICH IS NOT CONSISTENT. WILLIAM KOOLAGE SPOKE AS AN, INTERESTED CITIZEN AND URGED THE BOARD TO BE VERY CAREFUL WITH THE WATER SUPPLY THAT IS AVAILABLE. HE POINTED OUT THAT NOT MANY DOCTORS HAVE OFFICES ADJACENT TO THE i PRESENT HOSPITAL AND DID NOT FEEL THE SITUATION AT THE NEW HOSPITAL . WOULD BE AFFECTED ANY DIFFERENTLY THAN AT THE PRESENT ONE. DR. DAVID SMITH OF SVERDRUP & PARCEL, COUNTY CONSULTING ENGIN- EERS, STATED THAT HE IS NOT INVOLVED IN THE MATTER OF THE DOCTOR'S GROUP 31 •'32.Z J BUT HAS BEEN WORKING WITH U.D.U. MANY YEARS TO ATTEMPT TO SOLVE THEIR PROBLEMS AND AT NO TIME HAS ANYONE SAID.DEFINITELY HOW MANY RESIDENTS THIS WATER WILL SERVE BECAUSE THE RECORDS AND FACILITIES ARE INADEQUATE TO ACCURATELY DETERMINE THIS. HE CONTINUED THAT AFTER THE CONTEMPLATED IMPROVEMENTS HAVE BEEN COMPLETED, HE BELIEVES THERE WILL BE SOMEWHAT MORE THAN ENOUGH FOR THE UNITS CONTEMPLATED, BUT THIS CAN ONLY BE DETERMINED AFTER THE SYSTEM IS IMPROVED AND IN OPERATION. DR. SMITH STATED THAT THE ONLY REASON D.E.R. IS NOT ALLOWING ANY ADDITIONAL PERMITS NOW IS BECAUSE THE NEW SYSTEM IS NOT YET IN OPERATION. CHAIRMAN SIEBERT INFORMED THE BOARD THAT HE HAD PURPOSELY LET SO MANY PEOPLE SPEAK TO EMPHASIZE THE IMPORTANCE OF WATER TO ALL CITIZENS OF THE COUNTY. HE STATED THAT HE FEELS THE BOARD WILL BE SHORT-SIGHTED IF THEY DO NOT GIVE IMMEDIATE CONSIDERATION TO THE PROBLEM OF WHERE OUR FUTURE WATER IS GOING TO COME FROM, AND CONTINUED THAT HE DID NOT KNOW IF PURCHASING FROM MUNICIPALITIES IS THE ANSWER AS HE FEELS IT SHOULD BE A COUNTY FUNCTION TO PROVIDE THIS SERVICE TO ALL RESIDENTS OF THE COUNTY. COMMISSIONER Loy STATED THAT IS OBVIOUS THERE IS NO ONE SINGLE REQUEST THAT CAN BE HANDLED IMMEDIATELY AND NOTED THAT THERE WAS ONE DOCTORS GROUP THE COUNTY AUTHORIZED TO GO TO THE CITY FOR A WATER ALLOCATION, AND THEY WERE TURNED DOWN. SHE, THEREFORE, FEELS THAT WHAT IS REQUIRED IS A MEETING OF THE MINDS AS TO HOW MUCH WATER WE HAVE LEFT TO ALLOCATE EVEN IF WE HAVE TO GO TO COURT TO SETTLE IT. AFTER THIS IS SETTLED, SHE FELT THE QUESTION OF WHERE OUR FUTURE WATER WILL COME FROM IS BECOMING MORE IMPORTANT EVERY DAY. COMMISSIONER Loy AGREED THAT THE NEED FOR AUXILIARY UNITS TO THE HOSPITAL TO PROVIDE BETTER SERVICE IS A GENUINE NEED BUT NOTED THAT WE HAVE SIMILAR PROBLEMS IN THE SOUTH END OF THE COUNTY REPRESENTING A PRIORITY IN ANOTHER AREA. SHE STATED THAT WATER AT THIS TIME IS MUCH MORE PRECIOUS THAN IT WAS TWO YEARS AGO, AND QUITE POSSIBLY THIS IS THE TIME FOR US TO GENUINELY ^-q-SIDER GETTING IN THE WATER BUSINESS FOR OURSELVES AS WE MUST HAVE THE BEST INTERESTS OF ALL THE PEOPLE OF THE COUNTY IN MIND. COMMISSIONER Loy THEN RECOMMENDED A WORKSHOP MEETING BE UP TO CONSIDER HOW TO SOLVE THE PROBLEM OF OUR FUTURE WATER SUPPLY COMMISSIONER WODTKE DISCUSSED THE MATTER OF THE CITY OF VERO 32 26 X23 I BEACH REFUSING WATER TO THOSE WHOM WE HAVE AUTHORIZED TO GO TO THEM AND FELT ITIS THE COUNTY'S RESPONSIBILITY TO START ACTION IMMEDIATELY TO SETTLE THIS MATTER. HE CONTINUED THAT HE AGREED ABOUT OUR FUTURE %•T.ER PROBLEMS, BUT THIS IS A COMPLETELY DIFFERENT ISSUE, AND HE FELT THE PROBLEM IN REUARD TO OUR PRESENT WATER ALLOCATION SHOULD BE ACTED ON FIRST. ATTORNEY COLLINS POINTED OUT THAT THE DIFFERENCE BETWEEN WHAT THE COUNTY THINKS IS AVAILABLE AND WHAT THE CITY HAS STATED IS AVAILABLE IS CONSIDERABLE, BUT WHEN YOU LOOK AT IT IN THE VIEW OF COUNTY NEEDS OVER THE NEXT 10 YEARS, IT IS MINIMAL AND STOP -GAP AT BEST. WE MAY TRY TO SETTLE THIS DISPUTE, BUT IT IS NOT GOING TO SOLVE THE PROBLEM, ATTORNEY COLLINS CONTINUED THAT.HE HAD A MEETING WITH THE COUNCILMAN GREGG AND MAYOR SMITH WHO STATED THAT THERE SHOULD NOT BE ANY ADDITIONAL TAP -ONS TO THE CITY SYSTEM EXCEPT FOR CUSTOMERS INSIDE THE CITY LIMITS, WHICH PUTS THE COUNTY IN A VERY DIFFICULT SITUATION. CHAIRMAN SIEBERT STATED THAT IF IT IS THE DESIRE OF THE BOARD TO PROCEED AND GET THIS MATTER SETTLED, HE FELT THE ONLY WAY LEFT IS THROUGH THE COURT. COMMISSIONER SCHMUCKER ASKED ENGINEER BEINDORF IF IT WERE NOT REASONABLE TO ASSUME THAT THE 374,000 G.P.D. ALLOCATION TO U.D.U., WOULD TAKE CARE OF 1,200 UNITS IN GIFFORD, 600 AS ON LINE NOW AND OOO IN THE FUTURE, MR. BEINDORF ANSWERED THAT IT HAS BEEN HARD TO WORK THIS OUT AS THE METERS HAVE BEEN INOPERABLE.AND THERE HAS BEEN ILLEGAL USE OF WATER, BUT HE FELT THAT 374,000 G.P.D. WITH THE STORAGE CAPACITY UP THERE WOULD BE A REASONABLE FIGURE TO GO ON. MR. BEINDORF FURTHER NOTED THAT THE STATE WILL NOT DENY PERMITS FOR INDIVIDUAL WELLS FOR RESIDENCES WHERE THERE IS A MUNICIPAL WATER LINE, BUT FOR A DOCTOR `S GROUP, CONDOMINIUM, OR SHOPPING CENTER, THEY WILL NOT ISSUE SUCH PERMITS, AND, THEREFORE, HE'FELT THE COUNTY MAY HAVE TO GET. INTO THE WATER.BUSINESS AS THE SITUATION HAS WORSENED OVER THE LAST THREE YEARS, AND THERt ARE MANY WORTHWHILE PROJECTS THAT.WILL NOT BE ABLE TO BE CARRIED OUT. CHAIRMAN SIEBERT AGREED THAT THE WATER SITUATION HAS GOT A STRANGLEHOLD ON THE COUNTY AND THE COUNTY MAY HAVE TO GET INTO THE WATER BUSINESS AS WHEN YOU LIMIT WATER YOU STOP GROWTH, HE CONTINUED THAT WE MUST (1) ADDRESS THE REQUEST BEFORE US, (2) DECIDE THE POSTURE THE 33 SEP 8 197, f COUNTY WILL TAKE ABOUT DISPOSITION OF WATER UNDER THE TRIPARTITE AGREEMENT, AND (3) DETERMINE WHAT WE DESIRE TO DO ABOUT LONG RANGE PLf i'M . FOR WATER. DISCUSSION FOLLOWED ON THE TRIPARTITE AGREEMENT, AND COMMIS- SIONER Loy STATED THAT WE KNEW THERE WERE SOME GLARING FAULTS IN THE CONTRACT, AND THAT IT WAS DEFINITELY TO THE CITY'S ADVANTAGE, BUT WE SIGNED IT IN ORDER TO BAIL THE CITY OUT SO THEY COULD GET THE 1-1/2 MILLION DOLLAR GRANT THEY HAD ALREADY STARTED SPENDING, AND WE IN TURN ANTICIPATED COOPERATION FROM THE CITY. THE WHOLE ARGUMENT CENTERS AROUND THE FACT THAT WE SHOULD NOT HAVE BEEN CHARGED FOR ANY WATER ALLOCATION THAT WAS GIVEN IN THE COUNTY PREVIOUS TO THE SIGNING OF THE CONTRACT, COMMISSIONER SCHMUCKER AGREED THAT WE MUST GO TO COURT TO STRAIGHTEN OUT THIS AGREEMENT AND WE MUST GO AHEAD WITH A WATER SYSTEM IN THE COUNTY, BUT IN THE MEANTIME, HE POINTED OUT WE DO HAVE 110,000 G.P.D. TO ALLOCATE AND HE FELT WE SHOULD MAKE A DECISION AS TO HOW TO ALLOCATE THIS RATHER THAN NOT ALLOCATE ANY WATER. COMMISSIONER WODTKE SUGGESTED THAT IF WE ALLOCATED ALL THE WATER WE HAVE LEFT, POSSIBLY SOME GROUPS MIGHT THEN BE ABLE TO GET WELL PERMITS; ALTHOUGH HE DID FEEL SOME WATER SHOULD BE KEPT IN RESERVE. ATTORNEY .JACKSON ASKED WHAT BETTER USE COULD THE COUNTY HAVE FOR 10,000 G.P.D. THAN FOR HEALTH-RELATED FACILITIES SUCH AS THEY ARE PLANNING. HE NOTED THAT THE REASON THERE ARE NOT MORE DOCTORS BY THE PRESENT HOSPITAL IS BECAUSE THE NEW HOSPITAL HAS BEEN IN THE PLANNING FOR EIGHT YEARS. HE CONTINUED THAT THE COUNTY GAVE THE OTHER DOCTORS' GROUP AN ALLOCATION, AND HE IS ONLY ASKING FOR 1/3 OF THE GALLONAZOE THEY WERE GRANTED AND FEELS HIS GROUP SHOULD BE GIVEN EQUAL TREATMENT, CHAIRMAN SIEBERT REQUESTED ATTORNEY JACKSON TO HOLD HIS REQUEST FOR TWO -WEEKS AS HE FELT WE MUST BE SURE ABOUT THE SITUATION IN GIFFORD WITH U.D.U. BEFORE WE ALLOCATE ANY MORE WATER. t ATTORNEY COLLINS RECOMMENDED THAT THE BOARD WRITE A DEMAND LETTER TO THE CITY OF VERO BEACH STATING THE COUNTY'S POSITION AND GIVE THEM A CERTAIN TIME PERIOD TO CLARIFY THEIRS. ; CHAIRMAN SIEBERT DIRECTED THAT ATTORNEY COLLINS AND COUNTY ENGINEER BEINDORF WORK TOGETHER TO WRITE A LETTER TO THE CITY AS RECOM- MENDED BY THE ATTORNEY. 34 i 1 i bid<�;. SEP 81976 ,00 �Q; .COMMISSIONER WODTKE SUGGESTED CONTACTING THE D.E.R. TO DETERMINE . WHETHER THEY WOULD ISSUE WELL PERMITS TO OTHER THAN RESIDENTIAL USERS IF OU,'! `.ITER ALLOCATION WERE COMPLETELY USED UP. DISLUZSiO d FOLLOWED ON SETTING UP A WORKSHOP MEETING TO DISCUSS THE COUNTY'S FUTURE WATER SITUATION WITH THE COUNTY ENGINEERS AND COUNTY PLANNERS AND IT WAS DECIDED TO ISSUE A BLANKET INVITATION TO ALL THE MUNICIPALITIES. THE WORKSHOP MEETING WILL BE HELD WEDNESDAY, SEPTEMBER 29TH, AT 7:30 O'CLOCK P.M. - COMMISSIONER SCHMUCKER LEFT THE MEETING AT 11:50 O'CLOCK P.M. TO RETURN TO COUNTING ABSENTEE BALLOTS. INTERGOVERNMENTAL COORDINATOR THOMAS DISCUSSED WITH THE BOARD A RESOLUTION AUTHORIZING THE SIGNING OF AN AGREEMENT WITH THE DEPART— MENT OF COMMUNITY AFFAIRS UNDER THE FLORIDA FINANCIAL ASSISTANCE FOR COMMUNITY.SERVICES ACT AS REQUESTED BY DON MITCHELL, DIRECTOR OF THE INDIAN RIVER COUNTY COUNCIL ON AGING, AND NOTED THAT THERE WILL BE NO ADDITIONAL FINANCIAL RESPONSIBILITY OTHER THAN THE COUNTY HAS ASSUMED IN THE PAST, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, COMMISSIONER MASSEY AND CHAIRMAN SIEBERT VOTED IN FAVOR,. TWE BOARD ADOPTED RESOLUTION #76-60 AUTHORIZING THE VICE CHAIRMAN TO SIGN AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, 35 SEP 81976 • RESOLUTION =XMVM 4ffi+?= NO. 76-60 BOARD OF COUNTY COMMISSIONERS OF A RESOLUTION OF THE MQW- M)W9XjWff (CITY/ COUNTY), INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING AND DIRECTING THE J§ff*j( VICE CHAIRMAN OF THE BOARD) WILLIAM C. WODTRE, JR. TO SIGN AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE FLORIDA FINANCIAL.ASSISTANCE FOR COMMUNITY SERVICES ACT. IT IS HEREBY RESOLVED BY THE BOARD OF _ COUNTY COMMISSIONERS ,OF INDIAN RIVER COUNTYi FLORIDA AS FOLLOWS: Vice Section I. That the /Chairman is hereby author- ized and -directed to sign in the name and on behalf of the xaxxkka Board of County Commissioners an Agreement between the Florida Department of Community Affairs and the County of Indian River .under the Florida Financial Assistance Maine of city or county) for Community Services Act, as per copy attached hereto and made part hereof. Section II. That all funds necessary to meet the contract obligations of the OftY90W county and.its delegate agencies (if applicable) with the Department have been appropriated and said. funds are unexpended and unencumbered and are available for pay- ment as prescribed in the contract. The YJVUPc*ccounty shall be responsible for the funds for the local.share notwithstanding the fact that all or part of the local share is to be met or contri- buted by other source, i.e., contributionsF other agencies or organization funds. PASSED AND ADOPTED THIS 8th DAY OF September fig 76,. APPROVED: �X&44 C Vice x&Xp==tC chairman?f County Commissioners of Indian River County ATTEST: 7ClexlE �— SEP 819;6 VAL BRENNAN, COUNTY PLANNING DIRECTOR, DISCUSSED A RESOLUTION IN REGARD TO THE WITHDRAWAL OF.INDIAN RIVER COUNTY FROM THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL AND STATED THAT SUCH A RESOLUTION IS \ -: IRF.D BEFORE WE CAN LEGALLY JOIN THE�NEW TREASURE COAST COUNCIL. bIJscu—GZV1-N •FOLLOWED AS TO WHAT THE EFFECTIVE DATE OF SUCH A WITHDRAWAL SHOULD BE, ATTORNEY COLLINS SUGGESTED GIVING THE CHAIRMAN THE AUTHORITY TO SIGN SUCH A RESOLUTION WHEN TREASURE COAST COUNCIL IS EFFECTIVELY ORGANIZED AS HE FEELS SUCH A RESOLUTION IS MAINLY A MATTER OF FORM AND WE SHOULD WAIT UNTIL WE HAVE A FIRM DATE THAT ALL PARTIES AGREE IS AN EFFECTIVE DATE FOR THE NEW COUNCIL. VAL BRENNAN INFORMED THE BOARD THAT THERE WILL BE A MEETING OF THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL ON WEDNESDAY, SEPTEMBER 15TH IN WINTER PARK, AND THEY WOULD LIKE TO HAVE A COMMISSIONER PRESENT AT THAT MEETING AS THEY WILL PROBABLY TAKE SOME OFFICIAL ACTION. IT WAS AGREED THAT A COMMISSIONER WILL ATTEND. ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER WODTKE, COMMISSIONER MASSEY AND CHAIRMAN SIE3ERT VOTED IN FAVOR, THE BOARD ADOPTED RESOLUTION No. NO. 76-61 IN REGARD TO WITHDRAWAL FROM THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL, AUTHORIZED THE CHAIRMAN`S'SIGNATURE, AND AGREED TO MAKE THE EFFECTIVE DATE COINCIDE WITH THE ORGANIZATION OF - TREASURE COAST REGIONAL PLANNING COUNCIL. 37 SEP 5.1976 RESOLUTION NO. 76-61 WHEREAS, The State of Florida has approved the establishment of a new Comprehensive. Planning District composed of the Counties of Indian River, Martin, St. Lucie and Palm Beach by amending Administrative Rule 22E-1. or, F.A.C. pursuant to Chapter i70, Florida Statutes, hereinafter to be. designated District 10; and WHEREAS, the Board of County Commissioners of Indian River County has authorized the signing of the'Interlocal Agreement to join with the aforementioned Counties in establish- ing the Regional Planning Council to be known as Treasure Coast; and WHEREAS, Indian River County is a member of the East Central Florida Regional Planning Council organized under Chapter 160, Florida Statutes under which no Interlocal Agreement is required; and WHEREAS, Indian River County desires to withdraw from the East Central Florida Regional Planniag Council in order to become a member of the Treasure Coast Regional Planning Council; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that it does hereby withdraw as a member of the East Central Florida Regional Planning Council effective BE IT FURTHER RESOLVED that it be known to all people that Indian River County has enjoyed a successful and cooperative working relationship with the East Central Florida Planning Council and that this withdrawal is done only in the interest of establishing more equitable regional planning districts in the State of Florida. This Resolution shall become effective as of the 8th day of _ .September , 1976, BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COTY, FRI A By L rGt Willard W. Siebert, Jr.' ­chairman Attest:-�;j�' �, • Rap rri.s, Clerk 26 X29 THE BOARD OF COUNTY COMMISSIONERS RECESSED AT 12:00 O'CLOCK NOON FOR LUNCH AND RECONVENED AT 1:30 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT THE VOCAii0M.AL TRAINING AND SHELTERED WORKSHOP ORGANIZATION WISHES TO LEASE COUNTY PROPERTY NEXT TO THE SUNSHINE CENTER. OFFICERS AND DIRECTORS OF THIS ORGANIZATION, MARY ELLEN REPLOG,LE, LETA CHESBROUGH, HARRY HURST, AND EDWARD NETTO, WERE PRESENT. EDWARD NETTO APPEARED AND STATED THAT THEY HAVE BEEN STRIVING TOWARDS THIS MUCH NEEDED FACILITY FOR THOSE LESS FORTUNATE FOR ABOUT TWO YEARS BECAUSE.THE ONLY FACILITY OF THIS TYPE IN THE VICINITY IS IN STUART, WHICH INVOLVES A GREAT DEAL OF TRAVEL. MR. NETTO INFORMED THE BOARD THAT THEIR ORGANIZATION IS CHARTERED BY THE STATE AND THEY ALREADY HAVE THEIR OWN BUILDING WHICH THEY ARE READY TO ERECT IF THE BOARD WILL HELP THEM OBTAIN A SITE. THE SITE THEY HAVE IN MIND IS ADJACENT TO THE SUNSHINE CENTER AND EARMARKED FOR THEIR EXPANSION, BUT MR, NETTO STATED THAT HE HAS. TALKED WITH THE SUNSHINE CENTER, AND THEY HAVE NO IMMEDIATE PLANS FOR EXPANSION. INTERGOVERNMENTAL COORDINATOR THOMAS DISPLAYED A MAP OF THE AREA AND EXPLAINED THAT THIS PROPERTY IS LOCATED NEAR THE BALLFIELDS ACROSS FROM THE SENIOR HIGH SCHOOL; IT IS COUNTY PROPERTY AND IS RESERV- ED FOR THE SUNSHINE CENTER, ALTHOUGH THE CITY HAS BEEN USING THE PRO- PERTY FOR BALL PRACTICE. MR. NETTO STATED THAT THEIR BUILDING IS ABOUT 11,000 SQ. FT., BUT IS A TYPE THAT CAN BE EXPANDED, AND THEY WOULD LIKE TO HAVE ABOUT TWO ACRES. HE NOTED THAT -THEY REALLY NEED A CENTRAL LOCATION. CHAIRMAN SIEBERT NOTED -THAT $5,000 HAS JUST BEEN SPENT TO PUT A SPRINKLER SYSTEM IN THIS PROPERTY WHERE THE FOOTBALL TEAM PRACTICES. DR. HARRY HURST INFORMED THE BOARD THAT THEY HAVE RECEIVED A GRANT FOR $20,017 AND EVERY MONTH THEY DON'T USE IT THEY LOSE THAT MONTH SO THEY NEED TO MOVE IMMEDIATELY. THE GRANT IS FOR -AN ADMINISTRATOR- TEACJ4ER, A TEACHER AND MATERIALS. ATTORNEY SAM BLOCK APPEARED, REPRESENTING THE SUNSHINE CENTER, AND AFFIRMED THAT THEY DO NOT HAVE ANY PLANS TO EXPAND, AND IF THEY EVENTUALLY DO, THEY WILL STAY WITHIN THEIR LEASED AREA, HE CONTINUED THAT THEY FAVOR THE REQUEST OF THE VOCATIONAL TRAINING AND SHELTERED WORKSHOP ORGANIZATION, BUT WOULD LIKE A SURVEY TO BE SURE THE PROPERTIES 39 i SEP 8 1976 DO NOT OVERLAP, COMMISSIONER LOY ASKED MR. NETTO IF THEY HAD EXPLORED THE POSSIBILITY OF ANY OTHER LOCATIONS, POSSIBLY NEAR THE ELEMENTARY SCHOOLS? DR. HARRY HURST ANSWERED THAT THEY HAVE NOT ASKED THE SCHOOLS FOR PROPERTY, AND THEY FEEL THE SITE THEY ARE REQUESTING IS THE MOST LOGICAL AND MOST ACCEPTABLE. CHAIRMAN SIEBERT STATED THAT HE WAS TOTALLY IN FAVOR OF FINDING . LAND FOR THIS WORTHWHILE PROJECT AND HELPING THEM WITH IT, BUT HE FELT IT WOULD BE A GREAT PROBLEM TO MOVE 500 CHILDREN OFF THE FOOTBALL FIELDS. INTERGOVERNMENTAL COORDINATOR THOMAS SUGGESTED THAT SINCE THE CITY IS USING COUNTY PROPERTY, POSSIBLY THE CITY COULD OFFER THEM SOME LAND IN EXCHANGE FOR THE USE OF THIS FOOTBALL FIELD, POSSIBLY LAND TO THE NORTH OF BOB SUMMERS BASEBALL PARK. COMMISSIONER WODTKE STATED THAT HE WAS CERTAINLY IN FAVOR OF FINDING A SUITABLE LOCATION FOR THIS WORKSHOP, BUT FELT THE COUNTY SHOULD APPROACH THE SCHOOL BOARD WITH THE PROBLEM AND SEE IF THERE IS SOME OTHER LOCATION THEY MIGHT POSSIBLY HAVE EITHER FOR THE WORKSHOP OR FOR ANOTHER FOOTBALL FIELD. CHAIRMAN SIEBERT POINTED OUT THAT IF YOU MOVED THE FOOTBALL FIELD, ALL THE EQUIPMENT, STAFF, ETC., WOULD HAVE TO BE IN TWO LOCATIONS. DISCUSSION FOLLOWED AS TO OTHER LOCATIONS, SUCH AS NEXT TO SAFETY CITY OR POSSIBLY THE WINTER BEACH SCHOOL. DR. HURST NOTED THAT THEY HOPED TO BE ABLE TO MAKE USE OF SUCH FACILITIES AS THE Y.M.C.A. AND HAVE HELP FROM YOUNGSTERS AT THE HIGH SCHOOL AND REALLY NEEDED A CENTRAL LOCATION TO TAKE ADVANTAGE OF THESE FACILITIES. COMMISSIONER SCHMUCKER RE-ENTERED THE MEETING AT 1:50 O'CLOCK P.M. MR. NETTO POINTED OUT THAT THE WINTER BEACH LOCATION WOULD COST THEM MUCH MORE IN REGARD TO WATER AND UTILITIES. CHAIRMAN SIEBERT NOTED THAT THERE MIGHT BE ADDITIONAL LAND AT THE ROSEWOOD .Ci(1400L WHICH IS LOCATED VERY NEAR THE Y.M.C.A. COMMISSIONER Loy SUGGESTED THAT THE CHAIRMAN BE AUTHORIZED TO CONTACT THE SCHOOL BOARD IN REGARD TO SEVERAL LOCATIONS FOR THE VOCATIONAL TRAINING AND SHELTERED WORKSHOP, AND THE BOARD AGREED, MR. NETTO VOLUNTEERED TO WORK WITH CHAIRMAN.SIEBERT IN THIS REGARD. a . � 0 .. i THE VOCATIONAL TRAINING AND SHELTERED WORKSHOP IN INDIAN RIVER COUNTY, INC., NEXT REQUESTED THAT THE CHAIRMAN BE AUTHORIZED TO SIGN. -AN AGREEMENT WITH DEPARTMENT OF COMMUNITY.AFFAIRS UNDER THE FLORIDA FimNCIAL ASSISTANCE FOR COMMUNITY SERVICES ACT. COMMISSIONER Loy INQUIRED WHAT KIND OF LOCAL MATCH THIS WOULD NECESSITATE. DR. HURST STATED THAT.$1,500 IN CASH OR IN LIKE KIND WAS ALL THAT WAS REQUIRED. -- ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0..76-62 AUTHORIZING THE CHAIRMAN TO.SIGN AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS AS REQUESTED BY THE VOCATIONAL TRAINING AND SHELTERED WORKSHOP. 41 �. SLG"; ,'A"' L_ RESOLUTION X=SAE NO. 76-62 BOARD OF COUNTY COMMISSIONERS OF A RESOLUTION OF THE XNI MXW'X) (CITY/ COUNTY), INDIAN RIVER COUNTY FLORIDA, AUTHORIZING AND DIRECTING THE /CHAIRMAN OF THE BOARD) WILLARD W. SIEBERT, JR. TO SIGN AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE FLORIDA FT_:?NCIAL„ASSISTANCE FOR COMMUNITY SERVICES ACT. IT IS HEREBY RESOLVED. BY THE XVVPXUMWWW BOARD OF COUNTY COMMISSIONERS ,OF INDIAN RIVER COUNTY, FLORIDA AS FOLLOWS: Section I. That the 1MyMYChairman is hereby author- ized and directed to sign in the name and on behalf of the 0*W gammiaziaiixex the Board of County Commissioners an Agreement between the Florida Department of Community Affairs and the County of Indian River under the Florida Financial Assistance (name of city or county) for Community Services Act, as per copy attached hereto and made part hereof. Section II. That all funds necessary to meet the contract obligations of the rStW cW county and its delegate agencies (if applicable) with the Department have been appropriated and said funds are unexpended and unencumbered and are available for pay- ment as prescribed in the contract. The XKWMW county shall be responsible for the funds for the local share notwithstanding the fact that all or part of the local share is to be met or contri- buted by other source, i.e., contributionsf other agencies or organization funds. PASSED AND ADOpTFn THIS 8th DAY OF September r19 76 APPROVED: r 01 Abyeanxmx airman of Countyv Commissioners of Indian River County ATTEST: , 1 .. e X33 . INTERGOVERNMENTAL COORDINATOR THOMAS DISPLAYED AN AERIAL OF'THE AMBERSAND BEACH PARK AREA, AND COMMISSIONER MASSEY STATED THAT HE AND RILL THOMPSON HAVE BEEN IN TOUCH WITH THE OWNERS OF THE ADJACENT PROPERTY TO THE SOUTH OF THE PARK, WHO HAVE INDICATED THAT THEY WOULD. CONSIDER MAKING AN EXLHAN''CE OF THEIR OCEANFRONT LOT FOR THE COUNTY'S RIVERFRONT PORTION OF AMBERSAND.BEACH PARK. COMMISSIONER MASSEY STATED THAT HE FELT NOW WAS THE TIME TO MAKE AN OFFER IF WE ARE GOING TO DO SO. L ATTORNEY COLLINS INFORMED THE BOARD THAT THERE IS A STATUTE THAT ALLOWS FOR A SWAP OF COUNTY -OWNED PROPERTY WITH A PRIVATE OWNER AND SETS OUT THE PROCEDURE TO BE FOLLOWED. HE NOTED THAT SUCH A SWAP MUST BE AbVER- TISED, A PUBLIC HEARING IS NOT REQUIRED BUT BY ADVERTISING YOU WOULD IN EFFECT BE SETTING UP A PUBLIC HEARING. THE BOARD GENERALLY AGREED THEY WOULD BE IN FAVOR OF SUCH A SWAP, AND IF THE EXCHANGE IS AGREED TO, WILL NOTIFY ADJACENT PROPERTY OWNERS AS PROMISED MRS. LAW AT THE MEETING OF AUGUST 18TH. INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT HE HAD RECEIVED A FLYER FROM ED SCHLITT -REAL ESTATE AGENCY NOTIFYING HIM THAT THE TWO LOTS ADJACENT TO AMBERSAND BEACH PARK ON THE NORTH ARE NOW AVAILABLE AT A PRICE OF $50,000 EACH. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER MASSY, THE BOARD UNANIMOUSLY AUTHORIZED INTERGOVERNMENTAL COORDINATOR THOMAS TO CONTACT THE OWNERS OF THE PROPERTY UNDER CONSIDERATION AND DETERMINE IF THEY ARE INTERESTED IN A SWAP OF PROPERTIES AS DISCUSSED. INTERGOVERNMENTAL COORDINATOR THOMAS REPORTED ON THE CAPITAL WORKS PROJECT GRANT AND STATED THAT THOUGH THERE WILL BE A i_nT nF COMPETITION FOR THESE FUNDS, WE STAND VERY HIGH IN REGARD TO QUALIFYING DUE TO OUR UNEMPLOYMENT RATE, CONGRESS HAS NOT APPROPRIATED THE FUNDS AS YET, BUT CONGRESSMAN BAFALIS WILL SEND US THE FORMS DIRECT AS SOON AS THEY ARE ISSUED, POSSIBLY AT THE END OF THIS MONTH. HE NOTED THAT THIS GRANT MUST BE USED FOR CONSTRUCTION, AND HE HAS REQUESTS ALREADY IN REGARD TO USING THESE FUNDS FOR REMODELING THE OLD HOSPITAL TO HOUSE SOME 13 AGENCIES AND TO WORK ON THE ROAD PROJECT AT THE NEW SCHOOL IN THE NORTH COUNTY. INTERGOVERNMENTAL COORDINATOR THOMAS STATED THAT, AS REQUESTED BY THE ADMINISTRATOR AND COMMISSIONER MASSEY, HE HAS INVESTIGATED A REPORT THAT THE WEST SLUICE OF THE WABASSO CAUSEWAY IS COMPLETELY FILLED IN. HE STATED THAT IT IS, AND HE HAS DETERMINED THAT THE D.O.T. IS RESPONSIBLE FOR TAKING CARE OF THIS SITUATION. HE CONTINUED THAT THE 43 SEP 8 1976 26 4 L. i D.O.T. AGREED TO CLEAR THIS OUT, BUT THE DEPARTMENT OF ENVIRONMENTAL REGULATION IS REQUIRING THEM TO GET A PERMIT. MR. THOMAS CONTINUED THAT WE FEELS THE D.E.R. REALLY SHOULD BE RESPONSIBLE FOR CORRECTING THIS SITUATION AND SUGGESTED THAT THE CHAIRMAN BE AUTHORIZED TO WRITE THE DEPARTMENT OF NATURAL RESOURCES IN THIS REGARD. AFTER FURTHER DISCUSSION IT WAS AGREED THAT ADMINISTRATOR .JENNINGS WOULD WRITE SUCH A LETTER MAKING AN OFFICIAL REQUEST OF THE D.E.R. TO TAKE CARE OF THIS SITUATION. ADMINISTRATOR .JENNINGS DISCUSSED A REQUEST FROM D.O.T. THAT THAT COUNTY TAKE OVER THE RESPONSIBILITY OF SECONDARY ROAD MAINTENANCE AND SUGGESTED THAT HE BE AUTHORIZED TO FIND OUT EXACTLY WHAT IS REQUIRED AND INVOLVED AND REPORT BACK ON IT. THE ADMINISTRATOR STATED IT'WAS HIS FEELING THAT PERHAPS THE COUNTY SHOULD TAKE THIS OVER AS HE BELIEVED WE COULD HANDLE IT WITH A MINIMUM AMOUNT OF EQUIPMENT AND WE THEN WOULD HAVE A MORE DIRECT CONTROL OF THE MONEY SPENT ON THE ROADS. HE POINTED.OUT THAT WE HAVE BEEN CONTRACTING WITH THE D.O.T. FOR THIS FOR MANY YEARS AND ARE ONE OF THE FEW DISTRICTS THAT DOESN'T MAIPtfAIN THEIR OWN ROADS. THE BOARD AGREED THAT THE ADMINISTRATOR SHOULD CHECK ON THIS MATTER AND REPORT BACK. COUNTY PLANNER BRENNAN STATED THAT HE NEEDED APPROVAL TO ATTEND A MEETING OF THE FLORIDA INSTITUTE OF PLANNERS IN TAMPA. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MASSEY,THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR COUNTY PLANNER BRENNAN TO ATTEND A MEETING OF THE FLORIDA INSTITUTE OF PLANNERS IN TAMPA ON SEPTEMBER 11, 1976. MR. BRENNAN NEXT REPORTED THAT THE COASTAL ZONE MANAGEMENT COMMITTEE HAS MET AND ACCEPTED THE REPORT PREPARED BY ADLEY ASSOCIATES INC. THIS REPORT HAS BEEN REVIEWED BY DICK WELLS, PROJECT DIRECTOR OF THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL, WHO CONSIDERS IT A GOOD REPORT. MR. BRENNAN CONTINUED THAT THE CONSULTANT HAS MET ALL THEIR COMMITMENTS, AND THE COASTAL ZONE MANAGEMENT COMMITTEE TOOK ACTION TO RECOMMEND THAT THE FINAL BILL OF ADLEY ASSOCIATES, INC., IN THE AMOUNT OF $5,200 LESS PAYMENT OF $520.00 MADE•IN .JULY, BE PAID. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY.COMMISSIONER c Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE PAYMENT OF THE FINAL BILL OF ADLEY ASSOCIATES, INC., IN THE AMOUNT OF $4,650.00. VAL BRENNAN INFORMED THE BOARD THAT THE FINAL STEP IN REGARD 44 i 0000. 6.. 26 335 =a� . TO THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CERTIFICATION FOR REQUEST FOR RELEASE OF FEDERAL FUNDS) IS NOW -BEING ADVERTISED IN THE PRESS JOURNAL,AND HAS MET WITH THE APPROVAL OF THE COUNTY. ATTORNEY. HE FURTHER NOTED THAT THE ENVIRONMENTAL REVIEWISNOW IN THE OFFICE OF THE ADMINISTRATOR FOR THE PUBLIC TO EXAMINE AND REQUESTED THAT THE BOARD AUTHORIZE THE CHAIRMAN TO SEND THIS REQUEST FOR THE FUNDS TO HUD IN JACKSONVILLE ON SEPTEMBER 10, 1976, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED'BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN AND SUBMIT THE CERTIFICATION FOR RELEASE OF FEDERAL FUNDS TO HUD IN .JACKSONVILLE SEPTEMBER 10, 1976. 45 Form Approved OMB No. 63•S•75013 US. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DFVELOPMENT BLOCK GRANT PROGRAM SATISFACTION OF CONDITIONAL APPROVAL SERVICES AND/OR FACILITIES 1. NAME OF APPLICANT. - 2. APPLICATION/GRANT NO. Indian River County B -76 -DN -12-0012 3. APPLICANT ADDRESS (include Street, City, County, State and Zip Code) 4. DATE OF REQUEST Indian River County Courthouse 1976 34th Avenue 'hero Beach, Florida 32960 s. DATE OF FUNDING APPROVAL July 26, ,1976 6. IIUD authorization is requested for utilization of the conditionally approved grant amounts for the services and facilities shown below, in accordance with the requirements of Item 17 of the Funding Approval. (A) Public services determined necessary or appropriate for which other Federal assistance is not available: Services Amount Grantee i (B) Flood or -drainage facilities for which other Federal assistance is not available: Facilities Amoun Grant Street Drainage $20,000. Indian River County See Attached Sheet 7, IT IS HEREBY CERTIFIED, FOR EACH nF THE SERVICES AND/OR FACILITIES LISTED ABOVE, THAT PURSUANT TO THE PROVISIONS OF 9570.607 OF THE HUD COMMUNITY BLOCK GRANT REGULATIONS, OTHER FEDERAL FUNDS HAVE BEEN SOUGHT AND ARE NOT AVAILABLE. TYPED NAME AND TITLE OF AUTHORIZED RCPRESENTATIVE OF APPLICANT Telephone Number Willard 1•11. Siebert, Jr. ....Honorable Chairman,Indian River Count Cormission AREA NUMBER EXT. SiGWATURE FA £D R RESE AT /L/ CODE Q2305 562-41$6 Me 1 United Stfstes C Code Criminal Procedure} foregoing WA N'G—SC Mofi 11DO1 of T of the o [ urinal end stual! ply to rtes Certification. Title Te provides, among other things, that whoever knowingly and willfully makes or uses a document or writing cental ting any false, fictitious, or fraudelent statement or entry, in any matter within the jurisdiction of any department or agency of the United State.,, shall be fined nbt more than S16,000 or imprisnned not more than five years, or both. 8. HUD AUTHORIZATiON The above request is hereby approved. AMOUNT AUTHORIZED S TYPE NAME ANO TITLE OF AUTHORIZING OFFICIAL SIGNATURE OF AUTHORIZING OFFICIAL DATE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT COMMUNITY DEVELOPMENT OLOCK GRANT PROGRAM REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION _ (Pursuant to Section 104(h) of Title 1 of the Housing and Community Development Act of 1974) ENVIRONMENTAL 1. NAME OF API LIC.ANT 2. APPLICATION/GRANT NO. INDIAN RIVER COUNTY B -76 -DN -12-0012 3. APPLICANT'S ADDRESS (/nciudeStreet, City, State and YJp Code) 4. DATE OF REQUEST/CERTIFI- Indian River County Courthouse CATION 14th Avenue September 6, 1976 Vero Beach, Florida 32960 X. 6. CERTIFICATION. With reference to said project it is hereby certified: That the applicant has at least five (5) days prior -to submitting this request for release of funds and certification, published in a newspaper of general circulation in the community affected, a notice to the public (a copy of which is attached hereto) in accordance with 24 CFR 58.30(a); That the applicant has fully carried out it's responsibilities for environmental review, decision-making and action pertaining to the project named in the above request for release of funds; That the level of environmental clearance carried out by applicant in connection with said project I] did CM die not require the preparation and dissemination of an environmental impact statement; That the dates upon which all statutory and regulatory time periods for review, comment, or other response or action In regard to the aforesaid clearance commenced and expired as indicated below, that all such dates which are applicable to the aforesaid clearance are indicated below; and that with the expiration of each of the time periods indicated below, applicant is in compliance with the requirements of 24 CFR Part 58; SEP 8 -1976 Item S. REQUEST FOR RELEASE OF FUNDS. Release of approved grant funds for the following project is requested: Expire MO/DAY/YR PROJECT GRANTEE AMOUNT (If Other Than Applicant) 1. Housing Code Enforcement $.3,000. . 2. Site clearance of 6 vacant, X. dilapidated structures $ 4,000. 3. Rehabilitation of deteriorating , structures $20,000. 4. Public Works - Street paving and 02/76 9/09171; improve dirt roads to marl roads $80,000. S. Street Drainage Improvements $20,000. 6. Recreation Facilities $15,000. 7.. Planning, Development and* Administration $ 8,000. 6. CERTIFICATION. With reference to said project it is hereby certified: That the applicant has at least five (5) days prior -to submitting this request for release of funds and certification, published in a newspaper of general circulation in the community affected, a notice to the public (a copy of which is attached hereto) in accordance with 24 CFR 58.30(a); That the applicant has fully carried out it's responsibilities for environmental review, decision-making and action pertaining to the project named in the above request for release of funds; That the level of environmental clearance carried out by applicant in connection with said project I] did CM die not require the preparation and dissemination of an environmental impact statement; That the dates upon which all statutory and regulatory time periods for review, comment, or other response or action In regard to the aforesaid clearance commenced and expired as indicated below, that all such dates which are applicable to the aforesaid clearance are indicated below; and that with the expiration of each of the time periods indicated below, applicant is in compliance with the requirements of 24 CFR Part 58; SEP 8 -1976 Item Commence MO/DAY/YR Expire MO/DAY/YR Notice of Finding of No Significant Environmental Impact, Publication. 8/08/ 76 Same: Comment period 8/09/76 8/23/76 Notice of Intent to File EIS: Publication X. Draft EIS: Comment period Some: 90 -day period (CrQ) , Final EIS: 30 -day period (CEQ) S•Day Notice to Public: Publication 02/76 9/09171; Other: (Specify) HUD 7016.115 (to -7s) i M 71tal the undersigned chief executive officer of applicant is authorized to, and does, consent to assume the status of a responsible federal a171cial, under the NaIional Environmental Policy Actor 1969, insofar as (lie provisions of said Act apply to file I IUD responsibilities For environmcntal review, decision-making and action asnurned and carried out by the applicant; that by so consenting, the undersigned chief executive officer of applicant assumes the responsibilities, where ap1:!icable, for the conduct of environmental reviews, decision-making, and action as to environmental issues, preparation and cis t*i�tinn of draft and final environmental impact statements, and assumption of lead agency responsibilities for prep- aration of such statements on behalf of Federal agencies other than I -IUD when such agencies consent to such ;assumption; That the undersigned chief executi f! curer of applicant is authorized to consent, personally, and on behalf of the appli- cant, to accept the jurisdiction of (lie I-ederai courts, for the enforcement of all the aforesaid responsibilities; and that the undersigned does so consent, on behalf of applicant and of the undersi ed, in.the offi 'al cap cit of t undersigned. Chairman, Indian River Countv Commission Indian River County Courthnucp, Vero Rparh„� Florida 32960 (signature, Title aro! Address of QiiefExecutive Officer of Applicant) 7. AUTHENTICATION: Willard W. Siebert Jr. Indian River County being the chief executive offi,x•r of is duly aulhorized to execute (Nome of chief executive officer ' name ofappRe.- i' the foregoing Request for Release of Funds and Certification, and he did execute the same. zazo (-d) (Signature, Title, Address and Seal ' _ of Clerk or other authenticating off&w of applicant) 8. CERTIFICATE OF ATTORNEY: • County, A. [X Willard 11 Si phprt - 7 r , being the chief executive officer of_Indi do Ri V r has executed the fore - 0l amc ofeheif executive officer)_ (name ojapplive going Request for Release of Funds and Certification and has consented, as therein stated, personally and ort behalf of the applicant, in his official capacity as such chief executive officer only, and not otherwise. Further, the applicant and said chief executive officer are authorized and empowered by law to make the said Request for Release of Funds and Certification and the same was duly made by them in accordance with such authority and power. No claim of legal incapacity pursuant to 24 CFR 58.5(b) has been made by this applicant. B. ❑ , being the chief executive officer of has executed the fore - (Name of chief execkire officer) (nam- ofapplicant) . going Request rot Release of Funds and Certification and has consented, is therein stated, personally and on be- half of the applicant, in his official capacity as such chief executive officer only, and not otherwise. Further, the applicant and said chief executive officer are authorized anal empowered bylaw to make'the said Request for Release of Funds and Certification and the same was duly made by them in accordance with such authority and power. This applicant made a claim of lack of legal capacity pursuant to 24 CFR 58.5(b) and such claim was denied by HUD. There has been no final decision by a court of competent jurisdiction or legislation which has become effective since the denial of such claim which may affect the denial. C. ❑ This applicant made a claim of lack of legal capacity pursuant to 24 CFR 58.5(b) prior to submitting its grant application. Such claim was denied by HUD on the basis of its assessment of applicable law. On the basis of that denial being the chief executive officer of has executed the (Name ofchief executive officer (no^re of appliran'r foregoing Request far Release of Funds and Certification, has consented as therein stated, personalty and on be- half of the applicant, in his official capacity as chief executive officer only, and not otherwise, and has determined that such execution and consent are authorized and empowered by law. Undersigned certifies only that the foregoing statement is factually correct mrd that there has been no final decision by a court of competent jurisdiction or legislation which has become effective since the HUD denial which may affect the denial. George Collins, County Attornev ' t� P. 0. Box 3686, Vero Beach, Florida 32960 (Signature, Title and Address of Attorney for Applicant) WARNING — Sectlma 1001 of Title 18 of the United States Code and Criminal Procedure shall apply to the foregoing certiflcatlon. Titin 18 provides, among other things, that wlmevcr knowingly and willfully makes or uses a document or writing containing any false, fictitious, or fraudulent state- mont of entry', in any matter within the Jurisdiction of any department or agen prisunod not mora than rive years or both. cy of the United Slates, shall be final not more than $ 10,000 or tm- Y'• HUD 7010.16 (10-15) 2 6=339 GEORGE W. BLANTON, CHAIRMAN OF THE AMERICAN PARTY OF INDIAN RIVER COUNTYpAPPEARED CLAIMING THAT SOMEWHERE BETWEEN THE OFFICE.OF THE J6,-2%,V;SOR OF ELECTIONS AND TALLAHASSEE 148 SIGNATURES ON PETITIONS TO GET THE AMERItIAN PARTY ON THE BALLOT FOR THE NOVEMBER GENERAL ELECTION WERE LOST. MR. BLANTON STATED THAT HE HAD RECEIPTS SHOWING THEY HAD PAID FOR 1,602 SIGNATURES�OF WHICH. 1,140 SIGNATURES.WERE VALIDATED AND THEY DID ACHIEVE THEIR QUOTA. HE CONTINUED THAT HE WAS NOT QUESTIONING %s, RiCHEY'S INTEGRITY, BUT THEY WORKED HARD TO GET THESE SIGNATURES AND FEEL THEY HAVE A GRIEVANCE. MR. BLANTON FURTHER STATED THAT MRS. RICHEY WOULD NOT START VALIDATING THE SIGNATURES UNTIL SHE WAS PAID AND HE FELT SHE SHOULD HAVE TRUSTED HIM TO BRING THE MONEY IN. CHAIRMAN SIEBERT INFORMED HIM THAT THIS IS A CONSISTENT POLICY OF THE SUPERVISOR OF ELECTION'S OFFICE. MR. BLANTON STATED THAT THEIR MAIN GRIEVANCE WAS THE LOSS OF 148 SIGNATURES AND NOTED THEY HAD SUBMITTED 70 NAMES ON THE LAST DAY. ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS, APPEARED AND STATED THAT SHE FELT THE MAIN PROBLEM IS THAT THEY WERE OVERCHARGED,�AND THEY HAVE NOW BEEN REFUNDED $14.00. SHE CONTINUED THAT SHE TOOK THEIR WORD FOR THE AMOUNT OF SIGNATURES ON THE PETITIONS THEY HANDED IN AND CHARGED THEM ACCORDINGLY.BUT DID NOT COUNT THE SIGNATURES AT THE TIME THEY WERE HANDED TO HER. THESE ARE NOT ACTUALLY COUNTED UNTIL THEY ARE VALIDATED AND CERTIFIED. MRS. RICHEY STATED THAT.SHE COMPLETED CHECKING EVERY LIST SUBMITTED AND SENT IN EVERY NAME THAT WAS CERTIFIED. CHAIRMAN SIEBERT INFORMED MR. BLANTON THAT A PROBLEM WITH THE OFFICE OF THE SUPERVISOR OF ELECTIONS ACTUALLY SHOULD NOT BE BROUGHT . BEFORE THIS BOARD AS MRS. RICHEY IS A CONSTITUTIONAL OFFICER AND A COMPLAINT SHOULD BE TAKEN TO TALLAHASSEE. HE STATED THAT THEY HAD HEARD MR. BLANTON'S GRIEVANCE ONLY AS A COURTESY BECAUSE THE BOARD CANiviOT GIVE ANY RELIEF ON THIS PROBLEM. CHAIRMAN SIEBERT INFORMED THE BOARD THAT A MEMBER OF THE ELK'S CLUB CALLED HIM THE NIGHT BEFORE ELECTION DAY AND STATED THAT THEY HAD NOT BEEN REQUESTED FOR PERMISSION TO USE THE ELK'S.CLUB AS A POLLING PLACE, AND THAT THERE WOULD BE A $65.00 FEE FOR CLEAN-UP AND USE OF THE HALL. MRS. RICHEY AND THE ADMINISTRATOR STATED THAT THEY HAD NEVER HAD TO GET PERMISSION BEFORE AFTER THE ORIGINAL REQUEST. 49. it 1 11.L[it r'�a t34 COMMISSIONER Loy SUGGESTED THE CHAIRMAN BE AUTHORIZED TO ,=+.TACT THE ELK'S CLUB REGARDING USE OF THEIR FACILITY AS A POLLING PLACE AND INFORM THEM THAT IF THEY WISH TO SUBMIT A BILL, WE WILL AUTHORIZE THE PAYMENT OF SAME. THE BOARD AGREED. DISCUSSION FOLLOWED IN REGARD TO HAVING SOME TYPE OF AGREEMENT IN REGARD TO USING THE POLLING PLACES. CHAIRMAN SIEBERT INSTRUCTED THE SUPERVISOR OF ELECTIONS TO WORK WITH ATTORNEY COLLINS TO FORMULATE SOME TYPE OF AGREEMENT THAT WOULD PROVIDE THE COUNTY WITH SOME NOTICE IF WE WERE NOT TO BE ALLOWED TO USE THESE FACILITIES AS POLLING PLACES. COMMISSIONER LOY REQUESTED THAT THE OFFICIAL DOCUMENT WITH THE SIGNATURE OF THE SECRETARY 1OF STATE INDICATING THAT OUR REQUEST TO HAVE OTTO STOUT'S NAME REMOVED FROM THE BALLOT FOR THE ELECTION OF SEPTEMBER 7, 1976, WAS DISAPPROVED BE MADE A PART OF THE MINUTES. SAID DOCUMENT IS HEREBY MADE A PART OF THE MINUTES. I 50 L 1 SEP 8 1976 E RESOLUTION No. 76-57 ?HEREAS, a Special Meeting of the -Board of County Commissioners, of Indian River County, Florida, having been called, September 1,. 1976 with due notice having been given to the public, for the pur Anse of acting on the request of Otto L. Stout, candidate for the -office of County Commissioner, District 1, of Indian River County, said request.meeting the requirements of law and attached hereto as part of this resolution; and WHEREAS, the Board of County Commissioners having examined the sample ballot and given consideration to maintaining the integrity' of said ballot, by'the removal of Otto L. Stout therefrom; and WHEREAS; Rosemary Richey, Supervisor of Elections for Indian River County having informed the Board that as of this date only 363 absentee ballots have been delivered to voters eligible to vote by the absentee method; and WHEREAS, Rosemary Richey, informing the Board that due to the fact the voting machines are scheduled to be sealed at 2:00 P.M., September 1, 1976 the practical method of removing Otto L. Stout from the ballot would . be to apply a paste -over device over the can- didates name which would be done by the poll -workers on the morning of September 7, 1976 upon the immediate opening of the polls prior to the commencement of voting. NOW, THEREFORE, BE IT RESOLVED THAT THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA having given con- sideration to the above circumstances, that the name of Otto L. Stout, upon the approval of the Department of State shall be removed. from the ballot for the election of September 7, 1976, This Resolution shall become effective on the 1st day of September, 1976. h l'EST : dTA 1 W--. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, -FLORIDA �c C° I ?ice 1 iam C. odtce, Jr. Chairman The Department of State, State of Florida ursuant to Florida Statute 101.253(1) hereby (approves) (disapproves) Resolution 76-57 i of Indian River County, Florida allowing oval of the name of t - E SEP 8 1976 Otto L. Stout as a candidate in the primary election of September 7, 1976 in Indian River County, Florida, ecretary o State STATE OF FLORIDA COUNTY OF INDIAN RIVER 1, Ralph Harris, Clerk of the Circuit Court in and for Indian River County, Florida, do herewith certify that the foregoing copy of Resolution No. 76-57 entered owc*MxdUsWxk September 1, 1976 IM Is a true and correct copy of said instrument as filed and duly recorded in the records of MY office in Vero Beach, Florida. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Vero Beach, said State and County this 1St. day of September 19 76. RALPH HARRIS Clerk of the Circuit Court in and for Indian River County, Florida By _ Clerk SEP 8 1976 (ti�v Cu ATTORNEY COLLINS REPORTED THAT HE HAS BEEN CORRESPONDING WITH L:IELL LOHMAN AND ATTORNEY STEVE HENDERSON IN REGARD TO TREASURE COAST UTILITIES, INC. HE REMINDED THE BOARD THAT THE SOUTHERN GULF UTILITIES FRANCHISE WAS TRANSFERRED TO TREASURE COAST UTILITIES, INC., BUT A NUMBER OF PROBLEMS HAVE.ARISEN WITH REGARD TO THE RATE STRUCTURE THAT NEED.TO BE CLARIFIED AND SUGGESTED THAT THIS MATTER BE PUT ON THE AGENDA SO IT CAN BE FINALIZED. THE BOARD AGREED THAT THIS MATTER SHOULD BE PUT ON THE AGENDA FOR THE NEXT MEETING AND INSTRUCTED ATTORNEY COLLINS TO SO NOTIFY ATTORNEY HENDERSON. ATTORNEY COLLINS INFORMED THE BOARD THAT AT THE MEETING OF AUGUST 6, 1975, THE BOARD ACCEPTED THE RECOMMENDATIONS OF DONALD ADAMS, BUILDING DIRECTOR, TO ADOPT A NEW BUILDING PERMIT FEE SCHEDULE TO BE EFFECTIVE OCTOBER'1 1975, AND INSTRUCTED THE ATTORNEY TO DRAFT A RESOLUTION ESTABLISHING THE NEW FEES, WHICH HE DID. THEN AT THE MEETING OF AUGUST ZO, 1975, THE BOARD DECIDED THAT THIS PROPOSED FEE SCHEDULE SHOULD BE HELD IN ABEYANCE.UNTIL THE CITY OF VERO BEACH APPROVED A FEE SCHEDULE IN ORDER THAT FEES CHARGED CITY AND COUNTY RESIDENTS WOULD BE THE SAME, ATTORNEY COLLINS CONTINUED THAT SOMEWHERE ALONG THE WAY THERE WAS A BREAKDOWN OF COMMUNICATIONS - THE CITY DID NOT APPROVE THE NEW BUILDING PERMIT FEE SCHEDULE UNTIL DECEMBER OF 1975, AND THE COUNTY APPARENTLY, BY FORMAL RESOLUTION, HAS NOT APPROVED THE FEES AT THIS TIME ALTHOUGH HIS FILES REFLECT A RESOLUTION WAS DRAFTED. THE ATTORNEY SUGGESTED, SINCE THE CITY HAS NOW ADOPTED THE BUILDING PERMIT FEE SCHEDULE, THAT THE RESOLUTION HE DRAFTED AS AUTHORIZED IN THE MEETING OF AUGUST 6, 1975, BE MADE A PART OF THE MINUTES. THE BOARD AGREED, AND RESOLUTION N0. 76-63 IS HEREBY MADE A PART.OF THE MINUTES. 53 SEP 8 1976..... 44 i �� CD RESOLUTION NO. 76-63 WHEREAS, The City- County _ Building Department has recommended to Indian River County revised Fee Schedule.for the Building Department; and WHEREAS, it is in the .best interest of Indian River County to periodically review the Fee Schedule and upgrade said Schedule in areas where the need arises; and WHEREAS, the new Fee Schedule as presented appears to be reasonable and fair; and WHEREAS, said Fee Schedule is attached to this Resolution and made a part thereof, marked as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, that the revised Fee Schedule attached hereto and made a part hereof as Exhibit "A" is hereby adopted as the Fee Schedule for the Building Department of Indian River County, Florida. Such Resolution shall become effective as of the 8th day of September 1976. BOARD OF COUNTY COMMISSIONERS OF INDIA RIVE COUNT By l illard iebe t, Jr., Ch it an Attest: �ly/�J���/ Ralph Hdrris, Clerk �,, 26 �-345 a e RESOLUTION NO. 76-63 WHEREAS, The City- County _ Building Department has recommended to Indian River County revised Fee Schedule.for the Building Department; and WHEREAS, it is in the .best interest of Indian River County to periodically review the Fee Schedule and upgrade said Schedule in areas where the need arises; and WHEREAS, the new Fee Schedule as presented appears to be reasonable and fair; and WHEREAS, said Fee Schedule is attached to this Resolution and made a part thereof, marked as Exhibit "A"; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, that the revised Fee Schedule attached hereto and made a part hereof as Exhibit "A" is hereby adopted as the Fee Schedule for the Building Department of Indian River County, Florida. Such Resolution shall become effective as of the 8th day of September 1976. BOARD OF COUNTY COMMISSIONERS OF INDIA RIVE COUNT By l illard iebe t, Jr., Ch it an Attest: �ly/�J���/ Ralph Hdrris, Clerk �,, 26 �-345 M. * EXHIBIT BUILDING PE717111T FEES When appl t c.a t to n for.permtt.'ts approved and before a permit is Issued, a fee therefor shall. be paid based on.the following schedule of rates: Present Bldg- Dtr- County 1dr, AWXDZ112111L BUILDINGS (New Construction) 'Fees Recom-ld Vp to .1,000 cubic feet a 7.50 lv&COO to 2,000 cubic feet j 15-00 2jO0C -ti 5,000 cubic feet 24-00, 5,p000 to 70,000 cubic feet 35.-00 .1Oj000 to 20,000 cubic feet 50.00 20#000 cubic feet.,or over - per ea add*l 1,000.cu.--ft. 2.00 COMMERCIAL BUILDINGS (New Construction 2,000 cubic feet or less .15-00 2*000 to 5,000 cubic feet 30-00 5,000 to 25,000 cubic feet 75-00 25,000 to 50,000 cubic feet 125-00 50,000* to .100, 000 cubic. feet .175-00 100#000 cu. ft. or over -- perea.. addll 1, 000 cu., ft. 2.00 JMPAZR AND ALTERATIONS,- COMMERCIAL & BESIDEUXAL ...Ntntmum Permit for Ntnor Bepatrs not" to exceed $100.00. 7.501 Bach 500. or fracttgn thereafter. 2.00 ZOVISVOYlIG 17p to 5, 000 cubic feet 20.00 '5,000.cubte feet or over .40-00 House *oved an same lot .10.00 PIDIS REFAZBS ON HOUSES MOVED Up to 2,000 cubic feet 5.00- 2'.000 to 5,000 cubic feet 10.00 .50000 to 10,000 cubic feet -20.00 10,000 cubic feet or over per ea. - add -91 1,000 cu. ft. 2.00 GAS TANKS • 285 gallons. • 2.00 550 gallons 4.50. 1,000 gallons 6.00 • 3doh 1-,000 gallons thereafter' -6.00 121 wholesale storage tanks based on cubic contents at Commeratal Butldt*ng prices. WOOLS AND CHURCHES '80 Based on cubic contents at. Restdenttal*prices. VNINGS Ntntmum for 15. feet .3.00 Lineal foot thereafter over public propertIV .20 prtuate property 4,10. STORM SHUTTERS Ytrtt 100 square feet- 3.00 100-400 5.00 ,100-1, Ono - �;qv are filet 8.00 C;6�iar 11,000 sq. fte l ea.'addl•sq.. ft. . 2.00 SRI WALLS Ftrat 50 feet 10.00 Over 50 feet per fact .10 ZOOKS 20 feet 7.50 Over 20 feet each add*2 10 .feet 2000 500 square feet minimum 4.00 500 to 1,000 square feet 10.00 Over 1,000 square feet -..per thousand 8q. f t. 2.00' SEP 81976 2 8 311. 777 • •#, • •817ILDING PERf1IT FEES (Continued) Present Bldg. Dir. County Adm. Fees Recom'd Recom'd • . FEIVCTsS 5.00 ZMVJTORS - (For each elevator) - three stories or less 10.00 _�h add 'I floor over 3-stys. per floor 3.00 }: SVINMING L&T" l/p to 20,000 ga lu ns ..20.00. Sach 1, 000 gallons in excess 1.00. BOOFS First 100 square feet exempt 100 to 1,000 square feet 7.50. 1, 000 to 2,000 square feet 10.00 Over 2, 000 square feet per 1,000 -r thereafter' 3.00 1Lb P1 YANG IN CONNECTION Dunt RESIDENTIAL OR COMMERCIAL WORK First -1,000 square feet 6.00 ,Each 1,000 square feet or fraction thereof up to 10,000 squarefeet 2.00 Each 1,000 squdre- ;feet over 10, 000 sq: ft. • 1.00 •For any other ',hutldtng or structural work not mentioned above, the fees requtred.by this chapter or.any other ordinance of the city shall be paid, and all requirements of this chapter and any other ordinance shall .be enforced by the inspectors spectftcally.charged with such enforcement, or by.the ,Building Inspector tf not- otherwise specifically provided for. The said fees.shall include payment for the permit and for it►spection of the work, after the same shall have been completed. If the Building Inspector shall, upon his inspection after completion of the work or apparatus, find that the same does not conform to and comply with .the Provisions of this chapter, he shall notify the Contractor or Owner, indicating the corrections required; and when he shall be' notified that the corrections have been made, he shall again inspect the work or apparatus .without furthim charge but when extra inspectton trips are necessary,. due to any one of the .following reasons, - a charge of $5.00 shall be Fade for each. trip:. (a) Wrong Address. (b) Condemned work, resulting from: faulty construction. 's; (e) Repairs or correcttons*not made when tnspectton''ts called. (d) York not ready for. t'nspectton when called.. The payment for re -Inspection fees shall be made before any •Urther permits will be issued to the person owing same. WORK STARTED BEFORE d PERMIT IS ISSUED - TXE FEE SHALL BE DOUBLED. ' SEP 81976 . ' � .., , �.t�4: 26 x, ' •• TRA rkl PARK FEE SCHEDULE ` ' INDIVIDUAL TRAILERS —OTHER AIUi1INUM pOR1C ' ' Present ' Fees Bldg. Dir. County Ad�c Recom'd Recom'u Ve—down perms t a 5.00 Carport Roof--SHrean Room (To be charged by cubic area—Restdential) 0tt2t ty Storage ts� ;ncluded to carport ' roof permtt Patto slab (No cover) Up to 1,000 sq. ft. -5.00 Over 1,000 — ea add'l 1,000 sq. ft. 2.00 . Ytth Cover --Cubic area Restdeattal ,Electrtcal: See Electrical Permtt Fee , • ' . Schedule Septtc Tank Permtt: See Plumbtng Permt.t. Fee Schedule :�. .. -. .. a _: • r SEP' 197 ,���F . Fir .1 M SEP 8197.6 9999 .,,�.;..:�: • 9999._.._ �.....� C ..:•.�.:............_..:�_ :. 9999. • . • � •` s�LECTRrCAL PERMIT FEES When appltcatton for permtt is approved and before a7permtt is tesued, a fee therefor shall be patd on the following schedule of rates: ` Present Bldg. Dtr. County Adm. LIGHT OUTLETS • Fees Recom'd Becom'd •1 to.8 outlets, inclustve - mtntmum 4.00 over 8 outlets; the minimum charge of ' $4900 jar the, first 8 outlets plus . each addtttonal outlet .10 .• STsRPICES •' - Temporary for constructton 5.00 100 ampere and under 2.00 Over 100•ampere to 200 ampere 3.00 Over 200 ampere to 400 ampere 4.00 ' Over 400 ampere to 600 ampere 5.00 = Over 600 ampere to 800 ampere 6.00 For each addtttonal 100• ampere (over 800) 1.00 SERVICE CHANGES - 100 ampere and under ; 5.00 ' Over 100 ampere ta-200 ampere 5.00 Over 200 ampere to 400 -ampere 6.00 Over 400 ampere - each add'l 1.00 ampere : ' 1.00 . SWITCHBOARDS OR PANELS By amperes, same as"Servtces" EQUIPMENT Drop to range 1.50 Bange Top 1.00 Oven 1.00 ' Satan outlet ; 1.00 - and all other appliance. outlets tnspected•tn conjunctton with rough '• miring,' including room space heaters, - ceitling heat, etc. each 1.00 MOTORS ; - Up to 1 H. P., 1.00 - ; - . 1 to 3 H. P. - 2.00. 3 to 5 H.P. 3.00 • Over 5 H.P. up . to 10 B.P. (per acid 12 H.P. J, 1.00 f0.ff. P. 8.00. ;,Over 10 H. P. (per add'.1. H.P.) .25 - KACHINES X -Ray - Portable, dentist 2.50 'a Ray - Stattonary; doctor. 5.00 Dtathermic and Electronte outlet 12.50 GENERATORS & TRANSFORMERS .. Each up to 5 KYA 2:.00 Bach generator or transformer over 5 KY.4. -thru 10 RYA 4.00 Bach generator or.transformer over i 10 - KYA thru 15 KYA 6.00 Bach generator or transfad•mer over 15 RYA '. .r:: 20 KYA. 8.00 ' Bagh generator- or transformer over , Z- KYA ahru 25 KYA ( 10.00 ' Fa�A generator or transformer over .-.:. �. ' 25 KYA thru 30 KYA 15.00 ' • Isaeh generator or transformer over 30 RYA 15.00. Generators and transformers, where -located • on same floor, fee for largest, plus $1.00 ' for each addtttonal , ULDING NA CHINES ' Up to 25 amperes 2:00 . Over 25 amperes to 50 amperes j 00 Over 50 amperes - plus $2.00 for each addittonal 25 amperes or fraction part , thereof .:.., '• .. SEP 8197.6 9999 ELECTRICAL PERMIT FEES (Continued) - Present Bldg. Dir. County Adm. • Fees Recom'd Recom' TRAILER PARKS Main Service and Sub--Servtces as per "Services" $ $ 5.00 ill other equipment same ,fees as set forth in .all other items « . SPECIAL PURPOSE OUTLETS (Comore rc t al ) Popcorn, doughnut, drink machines, coin music machines, toaster, coffee urn, i:cCr, -,1'ry-er, refrigerctor, display cases or any other electrical coifs operuted machine . - -- Fee each time installed 1.50 Permit No. -to be displayed on each machine duto painting - Bake ovens 5.00 Jtr:Condtttontng Heat Strips 1 to'5 S.J. 2.50 Each add'1 5 K.W. thereafter. 2.00 BANGING OF FIXTURES (Not tnciuded to original permit) -- Lights - 1 through 10 -'bulb o f _ fluorescent tubes. 1.50 -Each additional fixture .20 COMBINATION Light fixtures and outlets up through 10 - One Inspection 2.00 ' Streamers or festoon lights: First 10 lights 1.50 Each add'1 10. or fraction .50 •PLUGMOLD First 25 feet 1.00 Each 5 ,Feet thereafter .20 . NISCELLANEOUS-PERMITS Giving permission to do temporary work or to"do general repairs to radto.or television, transattting or receiving stations, picture shows, carnivals, circuses, road shows, or similar organisations, a ; permit fee from $4.00 to $50.00 shall be paid, said :fee to be determined by the electrical.tnspeetor, and -- approved by director. No permit will be issued for. a •fee* of less, than $4:00. The said fees shall include payment for the permit and for inspection of work, af=ter the - same shall have been completed.-. If the electrical inspector shall, upon his tn'spection after completion.of.the work or apparatus, find that the same does not conform to and comply with the provisions of -this chapter, he shall nottfy the master electrician, indicating the corrections- required; and when he shall be notified that the corrections have been made, -he shall again tnspec t the work or apparatus without further charge; but, when . extra -ins eatton trips are necessary, due to an o the ohllowin reasons P P y y f f , a 8 charge of $5.00 shall be made for each trip: (aa) Wrong address (bb) Condemned work, resuT;,<=d from faulty construction. - (ee) Repatrs or correct;vn.L not made when inspection is called. (dd) Work not rosily for inspection when called. The rpaymeni cif re -inspection fee shall be made before any ,further permits will oe issued to the person owing same. FORK STARTED BEFORE PERMIT IS ISSUED - WE FEE SNALZ BE DOUBLED. { SEP. 81976 r�,�: CD , :350 { a ' •' {PLUMBING PERMIT FEES Yhen application for permit is approved and before a'permtt is issued, a fee therefor shall be paid based on the following schedule of rates: ' . Present •Bldg. _ Dt r. County Adm. -Yves Racomagerong (a) .Fck each fixture roughed to and Atnstalle- on new o reconstructed . plumbing, or each future outlet roughed to : a 2.50 (b) For each grater heater .2.50. (e).For each septic tank to' 1,200 gallons 5.00 For each septic tank over 1,200 gals.. 5.0 0 (d) For each grease trap 3.00 (e) For each sewer connection 5.00 - (f) For inspection of remodeling or repairs on waste, soil, vent; drain or sewer -. pipes . 5.00 ' fig) For each lawn sprinkler system, -air . conditioning, refrigeration, or cooling unit, connected to the -et ty Coater and sewer 3.00 (h) For each re -inspection made due to. the ' work being condemned or not being _ .' ready at the-ttme spectfted - 5.00 (t) For each . roof drain-,;= 2.25 (J) - Far each area drain 2.25 {k) For each water'servtce connection to a municipal or private mul ttple mater supply system: First meter on eack lot(wtthtn muntctpal t ty) 1.00 First meter on each 1ot(outstde •_ muntctpaltty to City water system) 4.00 For each add'1 meter on same lot .50 - (1) Water connection to or outlets for an ' appliance or installation not covered by fixture permit 1.00 •. .' (m) •Water connection to outlets.for hose or lawn_ faucets: ' Ftrst Connection 1.00 ' Each•addtttonal connection .50 ' FIR.Is' CONTROZ SYSTEM - (Dry ChemtcaZ System) ' •.' Each hose cabinet 2.00 FIRE 6PRINKZEB SYSTE7'f - Nintmum permit ,pee for each tnstaZlatton* not ' to' exceed $1.00 4.00 L�'aeh $500 or fraction' thereafter. 1.00 ' SWIMMING POOZ CONNZ'CTIONS TO CITY WATER 5.00 ' GAS (The following shall include bottle as For the first outlet and/or appliance 4.00 For each add'1 outlet and/or appliance 1.00 . • For -change from a master to an individual meter 2.00 For multiple meters at. one location: 'For first meter -- •2.00 ?or each add 11 meter 1.00 For major repairs to gas pipe where no fixture or :appltance installattan is involved 2.00 E BOILERS Ntntmum permit fee for installations not - to exceed $100 5.00 -Bach $500 or fraction thereafter 2,Op g t 476 • . 'SEP .,. �� t- PLUMBING PERMIT FEES (Conttnued) Bldg. Dir. County A6 ' Recom'd Recom'd . FURNACES AND BEATING EQ111PINENT PER. UN23' ' INSTALLED For the first 100,000 B.T.U.. per hour or fractional part 6.00 .R. Por each additional 100,000 B.T.II. per hour or frac-11 part 2.00 Note: The rating o, furnace and heating eggipment shall be oared on the BTU input of fuel used per hour. YELLS (Drill tng or Dtggtng) 5.00 Sprinkler Systems ¢.00 'Y1TER STORAGE TANKS (up to 1,000 gallons) 5.00 Each add'1 1,000 gallons or fraction 1.00 SOUR YATER NEATER SYSTEMi 6.00 MECHANICAL PERMIT` FEES , ,- Yhen application ;for permt't is approved and before a permit is issued, a fee therefor shall. be paid based on the followtng schedule of rates: AIR CONDITIONING AND REFRIGERATION - For the purpose of charging ,fees, 1 ton of refrigeration will equal 12,000 B.T.U's -per hour or 1 H.P. total connected load ' The first 5 tons or. ,fractional part 7.50 The next 5 tons up to and including 10 tons - per ton 1.00 Over 10 tons - per ton add'1 2:00 06 major repairs or replacements, same , fees as - above.' YINDOW WrTS OR WALL • UNITS (Where. no . ,'.*-construction work -is involved in the - buildtng or duct work ;attached) '.• For the first 5 units - each 3.00 • For the*next 50 units - each `; 2.00 For the next 100 units -- each 1.50 121 o thers - each 1.00 STARTED BEFORE A PERMIT IS ISSUED - THE FEE SHALL BE DOUBLED. ,CORK SEP �- ATTORNEY COLLINS REPORTED ON THE TAX CERTIFICATES WHICH GENE MORRIS, TAX COLLECTOR, HAD INFORMED HIM CAN NOW BE TAKEN UP BY THE COUNTY HE NOTED THAT BY STATUTE AFTER TAX CERTIFICATES HAVE NOT BEEN RE- PURCiASED FOR TWO YEARS, THE COUNTY CAN APPLY FOR TAX DEEDS WITHOUT THE NECESSITY OF FORECLOSURE, HE NOTED THAT THE LETTER FROM GENE MORRIS STATED THE AMOUNT OF MONEY REQUIRED FOR THIS PURPOSE WAS $238.40, BUT MR. W. E. "BUD" JENKINS HAS NOW REDEEMED MOST OF HIS CERTIFICATES, AND POSSIBLY SOME OTHERS HAVE ALSO BEEN REDEEMED BY NOW. THE ATTORNEY CON- TINUED THAT HE WOULD LIKE AUTHORITY TO ISSUE A CHECK UP TO THE AMOUNT OF $200.00 TO REDEEM THE REMAINING CERTIFICATES$ ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY COLLINS TO HAVE A CHECK ISSUED UP TO THE AMOUNT OF $200.00 TO REDEEM ANY TAX CERTIFICATES REMAINING AMONG THOSE LISTED IN THE LETTER FROM GENE MORRIS, TAX COLLECTOR, DATED AUGUST 9, 1976, WHICH LETTER IS HEREBY MADE A PART OF THE MINUTES. 62 SEP 81976 E 353' s 'GENE E. MORRIS TRLZP"o"E` 005) 562'2303 TAX COLLECTOR R o. sox 1505 VERO BEACH. FLORIDA - 32950 August 9, 19Z K010 I/ s � yy' • AUG 1976 Mr. Willard W. Siebert, Jr., Chairman COU TV Board of County Commissioners �► a�tc'9a '1 Indian River County Courthouse Vero Beach, Florida Dear Mr. Siebert: - I hereby certify the following tax certificates held in the name of the County are now two years old and tax deed should be applied for as under Florida Statute 197.241: 1974 Tax Sale - County Held Certificates Cert. No. Face Amount Description 1 242.53 Section 15 32 39 From SE cor run W along S line a dist of 608.8 ft to-P.O.B.; thence W on S line 718.48 ft; thence with an interior angle of 88 deg 44 min from E to N run N along E line 272.72 ft; thence with an interior angle of 92 deg 51 min from S to E run E 496.27 ft; ` - thence with an angle of 91 deg 33 min from W to N thence run N 1I6.50 ft; thence at.right angles thereto run E 216.42 ft; thence run S 402.4 ft to P.O.B. as in R Bk 330 PP 177. 2 $ 881.52 Section 22 32 39 Part of NE4 of NES desc as follows: Com at NW cor of NE; of NEh run E 26.17 ft to P.O.B. From P.O.B. run E 755.90 ft to a pt 300 ft Wly of at right angles to W R/W of FEC Ry;. thence Sly on a line parallel to W R/W of FEC. a dist of 1195.41 ft to N line of S 5 A of NE4 of NES; thence run W along said N line of S 5 A a dist of 755.42 ft; thence Nly parallel to W R/W of FEC Ry 1197.24 ft to P.D.B., as R Bk 194 PP 569. 3 $ 2,219.97 Section 22 32 39 Part of NE -4 of NE; 8 part of NWS of NE4 desc as follows: Com at NW car of NE% of NE4 run E on Sec .line 26.17 ft; thence - run SEly on W line of land formerly deeded to Parent -in R Bk 194 PP 569 a dist of 1093.52 -ft to a pt which is 294.3 ft N of S line of. NES of NES thence run Wly parallel to S line of NES, of NE% & NW; of NE4 E R/W of Lat H Canal, thence NWly along said E R/W to N line of NW4 of NE4; thence run E on said N line to P.O.B. as in R Bk 203 PP 722.. 6 $ 37.74 Heritage Estates Sub PBI 6-55 Lot lying E of 21st Ct & N of Lot 1, Block C & S of 12th St. Block C. The costs and fees to the Tax Collector are $25.00 each, ora total of $100.00. Costs and fees to the Clerk of Circuit Court are $34.60 each, or a total of $138.40. You may issue one check for both in the amount of $238.40. Since 'Ty you ne E. Morris County Tax Collector GEM/bm - 9hPPy `Birthday :Zoom ✓ �AMEI�ICat ATTORNEY COLLINS NEXT DISCUSSED THE MATTER OF PUTTING A LIEN ON PROPERTY OWNERS FOR THE REMOVAL OF HAZARDOUS STRUCTURES THAT HAVE BEEN ALLOWED TO INTO DISREPAIR AND NO LONGER LIVE UP TO THE BUILDING CODES. HE ASKED THE BOARD IF THEY WISHED HIM TO DRAFT AN. ORDINANCE THAT WOULD GIVE THE BOARD AUTHORITY TO ESTABLISH SUCH LIENS. DISCUSSION FOLLOWED, AND IT WAS GENERALLY AGREED THAT SUCH AN ORDINANCE WAS NEEDED. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY INSTRUCTED ATTORNEY COLLINS TO PREPARE AN ORDINANCE IN REGARD TO ESTABLISHING LIENS ON PROPERTY OWNERS FOR THE REMOVAL OF HAZARDOUS STRUCTURES. ATTORNEY COLLINS REQUESTED TO BE ALLOWED TO ADD AN ITEM IN REGARD TO THE RAILROAD CROSSING AT VICKERS ROAD TO THE.AGENDA. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AGREED TO ADD THE ABOVE ITEM TO TODAY'S AGENDA.. 'ATTORNEY COLLINS STATED THAT THE F.E.C. RAILROAD HAS INFORMED HIM THAT BY OCTOBER 1ST, THEY WILL HAVE THE LIGHTS, GATES, ETC, COM- PLETED AT VICKERS ROAD CROSSING AND WOULD LIKE TO HAVE A MAINTENANCE AGREEMENT WITH THE COUNTY WHEREBY THE COUNTY WILL MAINTAIN THIS CROSSING. ATTORNEY COLLINS CONTINUED THAT THIS IS SIMILAR TO OTHER AGREEMENTS WE HAVE WITH THEM AND WOULD AMOUNT TO $325.00 ANNUALLY. HE STATED HE FELT IT IS IN CONFORMITY. -COMMISSIONER MASSEY ASKED IF RAILROADS NEEDED BUILDING PERMITS AND HAD TO COMPLY WITH BUILDING CODES. ATTORNEY COLLINS STATED THAT HE WOULD BE GLAD TO CHECK ON THIS MATTER, ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY INSTRUCTED.ATTORNEY COLLINS TO WRITE THE RAILROAD STATING THAT THE COUNTY WOULD BE RECEPTIVE TO ENTERING INTO A STANIDARD MAINTENANCE AGREEMENT AS WE HAVE IN THE PAST ON VICKERS ROAD CROSSING IN THE AMOUNT OF $325.00 ANNUALLY. ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT THE RESTROOM FACILITIES AT AMBERSAND BEACH PARK HAVE THE SAME VANDALISM PROBLEMS AS THOSE AT WABASSO BEACH AND THEY CANNOT BE KEPT IN GOOD REPAIR OR SANITARY. HE. CONTINUED HE FELT THE ONLY WAY TO KEEP THESE FACILITIES IN 64 SEP 81976 +�G. 26 .,,-355 OPERATION WOULD BE TO HAVE THEM FENCED, HAVE AN ATTENDANT THERE, AND HAVE THE PARK CLOSED AT CERTAIN HOURS. THE -ADMINISTRATOR THEN DISCUSSED THE POSSIBILITY OF PUTTING PORT—O—LETS THERE AND TEARING DOWN THE OLD CONCRETE BLOCK BUILDING THAT HAS BECOME TOTALLY DISREPUTABLE. HE NOTED THAT THE PORT—O—LETS HAVE BEEN WORKING OUT AT WABASSO BEACH AND STATED HE HATED TO TEAR THE BUILDING DOWN BUT FELT ITS CONDITION REFLECTED ON THE WHOLE COUNTY. DISCUSSION FOLLOWED, AND THE BOARD AGREED THIS MIGHT BE A SOLUTION AND INSTRUCTED THE ADMINISTRATOR TO CHECK WITH THE PORT—O—LET COMPANY IN THIS REGARD. COMMISSIONER MASSEY REPORTED TO THE BOARD THAT THERE ARE A GROUP OF CITIZENS WHO ARE INTERESTED IN USING THE WINTER BEACH SCHOOL BALLFIELD FOR RECREATIONAL PURPOSES, CHAIRMAN SIEBERT INFORMED HIM THAT ANYONE MAY MAKE ARRANGEMENTS WITH THE ECONOMIC OPPORTUNITIES COUNCIL FOR THE USE OF THIS FIELD AS PROVIDED IN OUR AGREEMENT WITH THEM. DISCUSSION AROSE AS TO THE WATER SITUATION IN GIFFORD,•AND ADMINISTRATOR JENNINGS STATED THAT CLAUDE GREENE, STATE DIRECTOR OF THE FHA, HAD INQUIRED WHETHER WE HAD MADE ANY CHANGE.IN REGARD TO ALLOCATING WATER TO THE U.D.U. FOR GIFFORD AND HE HAD INFORMED MR. GREENE THAT THERE HAS BEEN NO CHANGE; THAT EVERYTHING WE PROMISED IN THIS REGARD HAS BEEN DONE AND ALL THE DOCUMENTS HAVE BEEN SENT TO HIS OFFICE, AND WE ARE WONDERING WHY SOMETHING HASN'T BEEN DONE YET, AS WE HOPED THAT THE SYSTEM IN GIFFORD WOULD BE STARTED IN THE NEAR FUTURE. HE CONTINUED THAT Q MR. GREENE STATED THAT ALL THE DOCUMENTS HAVE BEEN SENT TO ATLANTA AND ON TO WASHINGTON. ATTORNEY COLLINS NOTED THAT THE ORIGINAL CONTRACTS WERE APPROVED A YEAR AGO AND COMMENTED THAT ATTORNEY HERRING CAME IN JUST T:: a •, MU'RN i NG IMPLYING THAT SOME AGENCIES STATE THERE It ENOUGH WATER FOR EXISTING RESIDENTS BUT NOT ENOUGH FOR MR. HERRING'S NEW DEVELOPMENT, ADMINISTRATOR JENNINGS STATED THAT WE HAVE NEVER BEEN APPRAISED OF.THIS SITUATION AND DR. SMITH WHO WORKS WITH THE FHA WAS NOT AWARE OF IT EITHER. S DISCUSSION CONTINUED AND IT WAS. FELT THERE MUST BE A COMMUNICATIONS BREAKDOWN AS U.D.U. HAS ALREADY GOTTEN THEIR ALLOCATION AND A GRANT. 65 SEP 8 1976 g SEP 81976 CHAIRMAN SIEBERT INSTRUCTED THE ADMINISTRATOR TO WRITE THE FHA AND ASK FOR A WRITTEN REPORT ON THE STATUS OF THE SEWER PLANT AND WATER SYSTEM IN GIFFORD. C0:!:i;sSI0NER SCHMUCKER INQUIRED ABOUT THE CEMETERY SITUATION IN GIFFORD, ATTORNEY COLLINS REPORTED THAT HE AND INTERGOVERNMENTAL COORDINATOR THOMAS WENT TO GIFFORD AND VISUALLY INSPECTED THE CEMETERY SITES IN THE AREA. HE INFORMED THE BOARD THAT HE ALSO ASKED THE ABSTRACT COMPANY TO REVIEW THIS MATTER AND GIVE US SOME IDEA ABOUT TITLES, AND HE.NOW HAS A GOOD IDEA OF WHO DID OWN THEM. ATTORNEY COLLINS CONTINUED THAT HE HAS REACHED THE CONCLUSION THAT WE HAVE SOME REAL PROBLEMS NOT ONLY WITH THE GIFFORD CEMETERIES, BUT WITH VARIOUS SMALL CEMETERIES ALL OVER THE COUNTY. IN REGARD TO THE GIFFORD CEMETERY ACROSS FROM THE SCHOOL, HE NOTED THAT THERE IS A STATE ROAD RIGHT OF 1AY RIGHT THROUGH THE MIDDLE OF IT -AND THERE ARE GRAVES ALL OVER AND NOT NECESSARILY JUST ON THE PROPERTY DESCRIBED FOR CEMETERY USE. HE FELT IT WAS PROBABLE THAT SOME GRAVES WERE IN THE STATE ROAD RIGHT OF WAY. ATTORNEY COLLINS STATED THAT HE FELT CONTROLS SHOULD BE ESTABLISHED AS TO THE USE AND MAINTENANCE OF THESE CEMETERIES AS THE SITUATION IS OUT. OF HAND RIGHT NOW, PARTICULARLY IN THE GIFFORD AREA. INTERGOVERNMENTAL COORDINATOR THOMAS NOTED THAT NONE OF THESE CEMETERIES ARE OWNED BY THE COUNTY, ONLY THE RIGHT-OF-WAY. COMMISSIONER SCHMUCKER ASKED WHO OWNS THE CEMETERY ACROSS FROM THE GIFFORD SCHOOL, AS HE FELT -THE RESIDENTS WOULD LIKE TO TAKE IT OVER. ATTORNEY COLLINS STATED THAT IT WAS OWNED BY FLORIDA BURIAL PARKS, BUT HE FELT THIS MIGHT VERY WELL BE A DEFUNCT CORPORATION. HE FURTHER POINTED OUT THAT PRIVATE PARTIES TAKING OVER CEMETERIES ARE NOW HEAVILY REGULATED, MUCH MORE SO THAN GOVERNMENTAL AGENCIES. COMMISSIONER SCHMUCKER ASKED IF ATTORNEY COLLINS COULD CHECK TO SEE IF FLORIDA BURIAL PARKS WAS A DEFUNCT CORPORATION AS THE RESIDENTS IN GIFFORD WERE RUNNING OUT OF BURIAL SPACE AND HE WOULD LIKE TO BE ABLE TO TELL THEM HOW TO GO ABOUT TAKING OVER THE CEMETERY AND WHAT RESTRICTIONS AND REGULATIONS ARE INVOLVED. ATTORNEY COLLINS STATED THAT HE WOULD BE GLAD TO CHECK THIS OUT, BUT FELT IT WOULD NOT RESOLVE THE QUESTION. HE SUGGESTED THAT POSSIBLY THE BOARD COULD DECLARE IT A PUBLIC NECESSITY AND CONDEMN THE rte 26 . . 0`7 PROPERTY, BUT NOTED THAT NOT ONLY THE SURVIVING TRUSTEES AND HEIRS WOULD HAVE TO BE CONTACTED, BUT ALSO THE OWNERS OF ALL THE PLOTS. COMMISSIONER SCHMUCKER STATED THAT HE WOULD LIKE TO SEE THE COUNTY GO AHEAD AND PURSUE THIS. COMMiSS,ONER WODTKE SUGGESTED THAT COMMISSIONER SCHMUCKER GIVE THE INTERESTED PEOPLE IN GIFFORD THE INFORMATION AS TO OWNERSHIP OF THE CEMETERY AND LET THEM START CHECKING. HE THEN DISCUSSED THE POSSIBILITY OF THE COUNTY DOING SOME MAINTENANCE OF THESE CEMETERIES. ATTORNEY COLLINS SUGGESTED WE COULD HAVE A ORDINANCE SETTING UP CERTAIN STANDARDS, COMMISSIONER Loy STATED THAT SHE FELT WE NEED TO DETERMINE WHERE ALL THE CEMETERIES ARE IN THE COUNTY AND GET DESCRIPTIONS. CHAIRMAN SIEBERT QUESTIONED WHETHER THIS IS OUR RESPONSIBILITY, AND ATTORNEY COLLINS STATED THAT HE FELT IT IS THE COUNTY'S RESPONS- IBILITY ESPONSIBILITY TO MAINTAIN AND CONTROL THESE CEMETERIES. DISCUSSION FOLLOWED IN REGARD TO RECENT GRAVES IN ROAD RIGHTS- OF-WAY, AND ATTORNEY COLLINS SUGGESTED A START TOWARDS ESTABLISHING CONTROLS COULD BE MADE BY PLOTTING THE 20 ACRE ADDITION TO THE WINTER BEACH CEMETERY AND REQUIRING ALL FUTURE BURIALS IN THIS AREA TO BE MADE THERE, COMMISSIONER Loy STATED SHE FELT A COMMITTEE SHOULD BE APPOINTED TO RESEARCH THIS MATTER AS SHE FELT A GOVERNMENTAL AGENCY MAY BE THE ONLY ONE IN A POSITION TO TAKE CARE OF THE CEMETERIES WE ALREADY HAVE, DISCUSSION CONTINUED AS TO HOW TO ESTABLISH WHAT GRAVES THERE ARE AND THE MANY PROBLEMS INVOLVED, AND ATTORNEY COLLINS NOTED THAT POSSIBLY SOME OF THE PROBLEMS COULD NEVER BE RESOLVED IN REGARD TO THE OLD CEMETERIES. IT WAS AGREED THAT WE MUST ESTABLISH CERTAIN CRITERIA TO BE MET AS A WAY MUST BE FOUND TO STOP COMPOUNDING THE PROBLEM, CHAIRMAN SIEBERT STATED HE FELT THE FIRST THING NEEDED WAS A i REPORT ON WHERE ALL THE CEMETERIES ARE AND THEIR CONDITION. ADMINISTRATOR .JENNINGS STATED THAT HE WOULD WORK WITH INTER- GOVERNMENTAL COORDINATOR THOMAS ON GATHERING THIS INFORMATION AND REPORT BACK TO THE BOARD WITH MAPS AND DESCRIPTIONS.- ADMINISTRATOR ESCRIPTIONS. ' i ADMINISTRATOR JENNINGS INFORMED THE. BOARD THAT IF WE COULD GET TITLE CLEARED ON THE GIFFORD CEMETERY NEAR THE SCHOOL, HE FELT THAT 67 SEP 519,6 THERE STILL IS A LOT OF LAND THERE THAT COULD BE USED. ATTORNEY COLLINS AGREED TO CHECK THIS MATTER OUT. COMMISSIONER SCHMUCKER NEXT DISCUSSED FRANCHISES THAT WILL BE APPEARING ON THE AGENDA SOON, AND NOTED THAT MID FLORIDA UTILITIES IS ASKING FOR ANOTHER INCREASE.- HE STATED THAT HE FELT THEY SHOULD TELL US WHAT THEY HAVE DONE TO IMPROVE THE SYSTEM SINCE THEY GOT.THEIR LAST RAISE AND ALSO SAID HE FELT WE SHOULD HAVE A WATER ANALYSIS RUN ON THAT SYSTEM FOR BOTH COLOR AND BACTERIA FOR OUR OWN INFORMATION. ---- CHAIRMAN SIEBERT COMMENTED THAT THE STATE DOES THIS AND IT IS REQUIRED ON A REGULAR BASIS. COMMISSIONER SCHMUCKER AGREED THAT THE STATE REQUIRES THIS, BUT THEIR OWN PEOPLE DON'T DO IT, AND COMMISSIONER MASSEY NOTED THAT ACTUALLY THERE IS NO CONTROL AS THE WATER SENT IN CAN ACTUALLY BE TAKEN FROM ANYWHERE,AND HE AGR-EED WITH COMMISSIONER SCHMUCKER THAT WE SHOULD GET OUR OWN SAMPLE. COMMISSIONER Loy SUGGESTED THAT WE ASK MID FLORIDA UTILITIES WHAT THEY HAVE ACTUALLY DONE TO IMPROVE THEIR SYSTEM, AND THEN WHEN A PUBLIC HEARING IS SCHEDULED, WE CAN RUN A TEST ON THE WATER IF WE DESIRE T0, ADMINISTRATOR JENNINGS NOTED THAT MID FLORIDA UTILITIES HAD SET OUT IN A LETTER RECORDED IN PREVIOUS MINUTES THE IMPROVEMENTS THEY WERE GOING TO MAKE AND HE WOULD NOTIFY THEM THAT WE.WILL REQUIRE FURTHER INFORMATION AS TO HOW THEY HAVE CARRIED OUT THEIR PROPOSED IMPROVEMENTS. COMMISSIONER SCHMUCKER ALSO NOTED THAT FLORIDA CABLEVISION CORP. DOES NOT SHOW WHAT THEIR EXISTING RATES ARE AS OPPOSED TO THE RATES THEY PROPOSE AND REQUESTED THAT ADMINISTRATOR .JENNINGS OBTAIN THIS INFORMATION. DISCUSSION FOLLOWED IN REGARD TO HAVING PUBLIC HEARINGS ON FRANCHISES SCHEDULED AT A TIME OTHER THAN THE REGULAR MEETING DAYS. iiTTORNEY COLLINS INFORMED THE BOARD THAT TROPIC GROVES IS A NEWER SMALL FRANCHISE WHICH ONLY SERVES 32 UNITS AND THEY WISH TO ENTER INTO A NEW FRANCHISE WITH THE COUNTY RATHER THAN THE ONE THAT WAS ASSIGNED TO THEM. HE STATED THAT HE WILL DECLARE A CONFLICT OF INTEREST WHEN THIS COMES BEFORE THE BOARD BUT FEELS IT IS SEPARATE AND DISTINCT FROM THE OTHER FRANCHISES.AND COULD BE PUT ON THE AGENDA BEFORE THE OTHER UTILITY HEARINGS. 68 SEP 8 1976 SEP 81976. DISCUSSION FOLLOWED, AND THE BOARD AGREED THAT THEY HAD NO OBJECTION TO SCHEDULING PUBLIC HEARINGS IN REGARD TO BOTH FLORIDA CABLEVISION CORP. AND TROPIC GROVES AT A REGULAR COMMISSION MEETING. THE BOARD DISCUSSED WITH*RAYMOND CORPER, ASSISTANT FINANCE OFFICE?; ISSUING A CHECK TO HOMER FLETCHER, PROPERTY APPRAISER, FOR THE 1973 COMMISSIONS DUE HIM BY THE BOARD OF COUNTY COMMISSIONERS IN THE AMOUNT OF $94,920,15, WHICH AMOUNT WAS TO BE PAID WHEN APPROVED BY THE ATTORNEY, THIS HAS NOW BEEN APPROVED FOR PAYMENT BY THE ATTORNEY, AND THE BOARD INSTRUCTED MR, CORPER TO ISSUE A WARRANT FOR SAME TO THE PROPERTY APPRAISER TOMORROW. COMMISSIONER Loy INFORMED THE BOARD THAT ALLAN MCCARTNEY HAD WRITTEN TENDERING HIS RESIGNATION FROM THE INDIAN RIVER COUNTY ZONING COMMISSION -AS FOLLOWS: McCartney Groves, Inc. 1807 32nd Avenue Vero Beach, Florida 32960 305/567-3752 SEP 81976 f��}4 26 .,:361 ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ACCEPTED THE RESIGNATION OF ALLAN MCCARTNEY FROM THE INDIAN RIVER COUNTY ZONING COMMISSION EFFECTIVE AS -O�; TODAY AND INSTRUCTED THE ATTORNEY TO PREPARE AN APPROPRIATE RESOLUTION THANKING HIM FOR HIS SERVICES. COMMISSIONER LOY REPORTED ON THE RESOURCE RECOVERY MEETING IN TAMPA ATTENDED BY HERSELF AND ADMINISTRATOR .JENNINGS AND STATED THAT THE OUTCOME OF THIS MEETING WAS THAT THE ADVISORY COUNCIL, THE STAFF AND THE STATE CONSULTING ENGINEER ALL CONCUR ON THE RECOMMENDATION TO THE D.E.R. COMMISSION THAT -OUR REQUEST TO BE RELIEVED FROM THE DESIGNATION OF A RESOURCE RECOVERY AREA BE APPROVED. SHE NOTED THAT WE WILL STILL HAVE TO GO TO THE MEETING OF THE D.E.R. COMMISSION AND SHOULD HAVE AT LEAST THE FIRST PART OF OUR ENGINEERING STUDY DONE TO BACK UP OUR REQUESTi COMMISSIONER WODTKE REQUESTED THE BOARD FOR PERMISSION TO ATTEND A HEALTH & REHABILITATIVE SERVICES MEETING TOMORROW NIGHT FOR FINAL RECOMMENDATIONS FOR THE APPOINTMENTS TO BE SUBMITTED TO THE COUNTY COMMISSION TO FORM THE NEW MENTAL HEALTH DISTRICT BOARD. ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR COMMISSIONER WODTKE TO ATTEND AN HRS MEETING IN WEST PALM BEACH ON THURSDAY EVENING, SEPTEMBER 9, 1976. CHAIRMAN SIEBERT INFORMED THE BOARD THAT HE HAD RECEIVED A LETTER FROM THE CITY OF VERO BEACH REQUESTING A BREAKDOWN OF FIGURES LISTED UNDER "INCORPORATED AREA" AND "UNINCORPORATED AREA" AS SET OUT IN THE COUNTY'S BUDGET ADVERTISED IN THE PRESS -.JOURNAL. ATTORNEY COLLINS SUGGESTED THAT A MEETING BE SET UP BETWEEN JACK HOCKMAN, FINANCE DIRECTOR, AND ATTORNEY CORDISCO SO THEY CAN DISCUSS THIS MATTER, AND THE BOARD AGREED. CHAIRMAN SIEBERT NEXT DISCUSSED THE REFERENDUM VOTED -ON YESTERDAY WHICH INDICATED SUPPORT FOR CONTINUING TO PURSUE THE SALE OF THE POWER PLANT AND STATED HE FELT IT MIGHT BE BETTER IF WE HAD AN AGREEMENT WITH THE CITY ABOUT THE 17TH STREET RIGHT-OF-WAY BEFORE ANY SALE TAKES PLACE AS WE MIGHT END UP NEGOTIATING WITH FLORIDA POWER & LIGHT IF THIS SHOULD BECOME PART OF THE PROPOSED SALE, COMMISSIONER LOY ASKED ADMINISTRATOR .JENNINGS IF IT WAS NOT HIS UNDERSTANDING THAT THE CITY WOULD HOLD TO ANY EXISTING AGREEMENTS THEY HAD IN THE EVENT OF A SALE. 71 f�I 362 ADMINISTRATOR JENNINGS AGREED THAT WAS HIS UNDERSTANDING, BUT NOTED IT WAS ONLY A VERBAL AGREEMENT. COMMISSIONER Loy WONDERED SINCE WE HAVE AGREED TO PLEDGE AN Am"--:tT OF UP TO $390,000.00 FOR THE RELOCATION OF UTILITIES, WHETHER IT MIGHT NOT BE WISE TO ASK THE CITY OF VERO BEACH TO TRANSFER THE RIGHT- OF-WAY FOR THE BRIDGE TO US NOW AND KEEP IT OUT OF ANY NEGOTIATIONS WITH FLORIDA POWER AND LIGHT. ATTORNEY COLLINS FELT WE SHOULD CHECK WITH THE-D.O.T. IN REGARD TO GETTING SOME ACCURATE FIGURES BEFORE WE APPROACH THE CITY, BUT DID AGREE THERE SHOULD BE A CONTRACT. j COMMISSIONER SCHMUCKER SUGGESTED WRITING A LETTER TO THE CITY ASKING THEM IF THEY. ARE GOING TO RETAIN OWNERSHIP OF THE RIGHT-OF-WAY. DISCUSSION FOLLOWED, AND ATTORNEY COLLINS SUGGESTED THAT HE HAVE A TALK WITH CITY.ATTORNEY CORDISCO IN THIS REGARD. THE BOARD AGREED, AND CHAIRMAN SIEBERT ASKED THE ADMINISTRATOR { TO TALK TO THE D.O.T. DISCUSSION AROSE ON THE MATTER OF SANITARY LANDFILL. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE•, THE BOARD UNANIMOUSLY AUTHORIZED ADMINISTRATOR JENNINGS TO PROCEED TO FIND ALTERNATE SITES TO CONSIDER FOR SANITARY LANDFILL PURPOSES. 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. 52523-52642 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE.IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR., REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING .MADE A PART OF THESE MINUTES. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 5:40 O'CLOCK P.M. ATTEST: CLERK SEP 81976 V IRT to neo h ::