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Home My WebLink About10/19/1976TUESDAY, OCTOBER 19, 1976 AND WEDNESDAY, OCTOBER 20, 1976 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN -REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON TUESDAY, OCTOBER 19, 1976, AT 4:15 O'CLOCK P.M. PRESENT WERE WILLARD W. SIEBERT, SJR., CHAIRMAN, WILLIAM C. WODTKE, .JR.,VICE CHAIRMAN; AND ALMA LEE Loy. EDWIN S. SCHMUCKER WAS DELAYED. EDWARD J. MASSEY WAS ABSENT ON VACATION. ALSO PRESENT WERE JACK G. .JENNINGS, COUNTY ADMINISTRATOR; .JACK HOCKMAN, FINANCE OFFICER; AND VIRGINIA HARGREAVES, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER AND ANNOUNCED THAT THE MEETING IS BEING HELD THIS AFTERNOON IN ORDER TO TAKE UP SOME OF THE ITEMS ON TOMORROW'S LENGTHY AGENDA. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF TUESDAY, OCTOBER 5, 1976. THERE WERE NONE. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, CHAIRMAN SIEBERT VOTED IN FAVOR, THE BOARD APPROVED THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 5, 1976, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF WEDNESDAY, OCTOBER 6, 1976. COMMISSIONERS LOY AND WODTKE AND CHAIRMAN SIEBERT HAD NONE, AND IT WAS AGREED IF COMMISSIONER SCHMUCKER HAD ANY CORRECTIONS THIS COULD BE STATED LATER IN THE MEETING. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, CHAIRMAN SIEBERT VOTED IN FAVOR, THE BOARD APPROVED THE MINUTES OF THE REGULAR MEETING OF OCTOBER 6, 1976, AS WRITTEN. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, CHAIRMAN SIEBERT VOTED IN FAVOR, THE BOARD APPROVED APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM OF FLOYD D. KIRBY, D.V.M., AND ART J. HALLGREN. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, CHAIRMAN SIEBERT VOTED IN FAVOR, THE BOARD APPROVED RENEWAL PERMITS TO CARRY A CONCEALED FIREARM OF LEO SCHLITT, .JR., AND THOMAS R. HARGETT. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, CHAIRMAN SIEBERT VOTED IN FAVOR, THE 130ARD APPROVED STATE WITNESS PAY ROLLS, �- VIC B 27 Pay lu G r 8i u CIRCUIT COURT, SPRING TERM, 1976, IN THE AMOUNTS OF $88,72; $24,40; AND $70,60, THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: INDIAN RIVER COUNTY WELFARE DEPARTMENT, SEPTEMBER, 1976, REPORT OF CONVICTIONS, CIRCUIT COURT, SEPTEMBER, 1976, REPORT OF CONVICTIONS, COUNTY COURT,SEPTEMBER, 1976, ADMINISTRATOR JENNINGS DISCUSSED THE AWARD OF BIDS FOR THE ANNUAL MATERIALS CONTRACTS AND PRESENTED TO THE BOARD A LIST OF THOSE HE RECOMMENDED ACCEPTING, HE NOTED THAT ALL THOSE RECOMMENDED ARE THE LOW BIDS AND MEET SPECIFICATIONS, THE ADMINISTRATOR FURTHER STATED THAT ALTHOUGH THERE WERE NO DRASTIC INCREASES, THERE WERE INCREASES IN ALMOST EVERY FIELD, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, CHAIRMAN SIEBERT VOTED IN FAVOR, THE BOARD ACCEPTED THE BIDS FOR ANNUAL MATERIALS CONTRACTS AS SUBMITTED AND RECOMMENDED IN THE ADMINISTRATOR'S MEMO OF OCTOBER 12, 1976, AS FOLLOWS, AS BEING THE LOWEST AND BEST BIDS MEETING SPECIFICATIONS, AND ASKED THAT THE WORKSHEETS BE MADE A PART OF THE MINUTES, 2 a BQOz 27 82 PA. I COMMISSIONERS a.4", � r WILLARD W. SIEBERT, JR., Chairmen /o- / °o�7 WILLIAM C. WODTKE, At. Vice-Chelrmen . EDWARD J. MASSEY ? //f�`F fI � 1 i"'+i r ALMA LEE LOY EDWIN S. SCHMUCKER JACK G. JENNINGS, Adminismter VERO BEACH, FLORIDA - 32960 ROAD AND BRIDGE DEPARTMENT Item # 1 2 .3 4 5 6 { 7 . 8 9 10 11 12 13 14 15 JGJ/cb CT 19194T MEMORANDUM October 12, 1976 TO: Board of County Commission FROM: ._ Jack G. Jennings - County Administrator SUBJECT: Award of Bids - Annual Materials -Contracts " Bids were opened during the regular meeting of the Commission on October 6, 1976 and were referred to the County Administrator for review. Following are the recommendations of the County Administra- tor for award of bids: Material Company Comments Asphaltic Concrete Dickerson Inc. Only Bid Placing Asphaltic Concrete Dickerson Inc. Low Bid Southern Pine Piles The Langdale Co. Low Bid Southern Pine Lumber Koppers Co. Inc. Only Bid Road Rock Dixie Lime & Stone Co. Only Bid Asphalt Steel Pipe Palm Beach Tank & Culvert Low Bid Aluminum Pipe Gator Culvert Co. Low Bid Concrete Pipe Carnes Concrete Pipe Co. Low Bid Petroleum Products McMillan oil Co. Low Bid Ready Mix Concrete Russell Concrete Only Bid Soil Cement Base Pan American Engr. Co. Low Bid Liquid Asphalt E. A. Mariani Asphalt Co. Only Bid Limerack Base Pan American Engr. Co. Low Bid Mixed -in-place Base Pan American Engr. Co. Only Bid Signs Municipal Supply & Sign Co. Low Bid aJack G. Jennings, County Administrator g 2 P6� 83. i fir I Ism 11 film! N �I�11 ■ 111 hn�1 111 I � =if1 IIIII Mimi � HOUSE11110101jul� i ; illi Milli Milli 11 HOUR iffoll III oil Iw �� I■11 1 1 111 11111 1- Mi � It � 1 1 ■ A �I�I�H 1 i� 111111uIn 1nil I � 1 � 1imm � IN 1111111111 Im = i cm C=1 C m i. fi 7- R= IO ON fe 3t 4 97, Lt VIA Ji _ _'.. s�i j , ; ; z/ j , i ; ; ao,�q; 1 r I } I a��c; i ' ; ; : ; I -1� I - s . _. 44 72j 3s' 1 3 3 t.I yea ► - IST _ tt I,I �' -- t. 7 .l9Jti .. ______ __-___—_--_�---—_. - --- --- -y-i� —_ N•-._�j I_j; .:. S937Y/10lI�l.8ps.(.? +;y ",° �,,. .._�.- �. _ i,� i,rIS:.'/3.�..3�C�f7{,'i,, �:,b1772Spf�31l�c 3� .!. ,_jd___ "! ' I '-t • ..-.-- . ._ - �iii 1�f/.',aI.3��s5,.I�-,, G309q9/ ! � I;II. ... rIII I ; ► I II3 �3` 19 211 22 23 1;3 24 fif- Oil I I'll 47 --4-30! -L, L.OJ9 Lt I I'T 29 17,0 32 fi 31 30 4-1 32 33 34 71 701 1 i 36 -4 :7T 36 "71 Fyyily 4-1 :t— e1 _ -- — I! I j -ltlli it 4 `- ii .- LL. I. I. _ ...'I Ij —i :',• I„ + �:.f _I .i .t a ,:_. ..1:, 41 43 6 WE I � 11 min Ell III MINI I w� Milli IMi � oil i I Bill ImIm I Hill MINOR MIN Ell I 11M 11 m so 0 son COMMISSIONER SCHMUCKER ENTERED THE MEETING AT 4:30 O'CLOCK P.M. CHAIRMAN SIEBERT INQUIRED WHETHER HE HAD ANY CORRECTIONS TO MAKE TO THE MINUTES, AND COMMISSIONER SCHMUCKER REQUESTED THAT IN THE MINUTES OF THE MEETING OF OCTOBER 6, 1976, ON PAGE 381 PARAGRAPH 41 THE PHRASE "...THERE IS ABOUT A 4 FOOT ELEVATION HERE..." BE DELETED AND THE PHRASE "...THERE IS A HIGHER ELEVATION IN THE REAR..." BE INSERTED. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AGREED THAT THE MINUTES OF THE MEETING OF OCTOBER 6, 19761 BE CORRECTED AS OUTLINED ABOVE. ROBERT "FLIP" LLOYD OF LLOYD & ASSOCIATES , AGENT FOR THE APPLICANT APPEARED IN REGARD TO TENTATIVE APPROVAL FOR DUNES OF DEAUVILLE, UNIT 1, MR. LLOYD INFORMED THE BOARD THAT ORIGINALLY DUNES OF DEAUVILLE, INC., PURCHASED ABOUT 3/4 OF A MILE ON A -1-A SOUTH OF THE CITY LIMITS AND DREW UP A MASTER PLAN WHICH RECEIVED TENTATIVE APPROVAL FROM THE BOARD IN 1973. THEY STARTED THE PROJECT,(THE STREETS ARE IN, THE WATER AND SEWER SYSTEM INSTALLED, AND THE SEWAGE PLANT CONSTRUCTED) AND THEN RAN INTO FINANCIAL REVERSES. THE DUNES OF DEAUVILLE, INC., HAD THE SOUTH ONE-THIRD OF THEIR PROPERTY RELEASED FROM THEIR MORTGAGE AND THE APPLICANT NOW APPLYING FOR TENTATIVE APPROVAL FOR THE PLAT OF THIS PROPERTY, BENEFICIAL STANDARD MORTGAGE INVESTORS, INC., OBTAINED OWNERSHIP OF THIS SOUTH ONE-THIRD. MR, LLOYD NOTED THAT OVER THE PERIOD OF TIME THIS ALL OCCURRED, THE TREATMENT PLANT WAS VANDALIZED TO AN EXTENT OF $11,000 DAMAGES, AND BENEFICIAL STANDARD MORTGAGE INVESTORS, INC., HAS NOW BOUGHT ALL THE EQUIPMENT NECESSARY TO ACTIVATE THE PLANT, BUT WILL NOT HAVE THIS EQUIPMENT INSTALLED UNTIL THEY CAN PROCEED WITH DEVELOPMENT BECAUSE OF POSSIBLE FURTHER VANDALISM. THIS EQUIPMENT IS NOW STORED AT THE AIRBASE IN A BONDED WAREHOUSE. HE CONTINUED THAT THEY HAVE COMPLETED EVERYTHING REQUIRED BY THE SUBDIVISION REVIEW COMMITTEE, AND NOTED THAT ONCE THE PLAT IS RECORDED THEY WILL APPLY FOR THE TRANSFER OF THE SEWER FRANCHISE AND ALREADY HAVE A LETTER FROM DUNES OF DEAUVILLE, INC., WHICH IS NOW DEFUNCT, STATING THAT THEY WILL RELINQUISH THEIR RIGHTS TO THIS FRANCHISE. MR. LLOYD NOTED THAT THERE ARE 42 LOTS IN THIS PHASE, AND WHEN THE NEXT PHASE IS COMPLETED THERE WILL BE 184 ALTOGETHER. HE STATED THAT WHEN THEY APPLY FOR THE FRANCHISE, THEY WILL WANT TO DECREASE 8 9 1976 Beet L ■ THE AREA AND PROBABLY ASK FOR A CHANGE OF RATES. MR. LLOYD POINTED OUT THAT THE ORIGINAL TENTATIVE APPROVAL IN 1973 WAS UNDER THE. OLD REGULATIONS, BUT THE SUBDIVISION REVIEW COMMITTEE HAS NOW GONE OVER THIS ACCORDING TO THE NEW REGULATIONS. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THE SUBDIVISION REVIEW COMMITTEE HAS REVIEWED THIS PLAT AND IT MEETS ALL REQUIREMENTS, COMMISSIONER WODTKE ASKED ABOUT THE DEVELOPMENT OF THE REST OF THE LAND, AND MR. LLOYD STATED THAT IT WILL HAVE TO BE DEVELOPED ACCORDING TO THE ORIGINAL MASTER PLAN AS THE STREETS AND WATER AND SEWER SYSTEMS ARE ALREADY IN. CHAIRMAN SIEBERT QUESTIONED PARAGRAPH E IN THE DEDICATION AND SAID HE FELT IT WAS NOT THE STANDARD DEDICATION, MR. LLOYD STATED THAT.THE ROADS ARE NOT BEING DEDICATED; THEY ARE PRIVATE STREETS AND THEY PROPOSE TO HAVE A GATEHOUSE AND A GUARD, ADMINISTRATOR JENNINGS SAID HE FELT THE INTENT WAS THERE THAT WHEN THE COUNTY AGREES TO TAKE OVER THE STREETS OR ASKS FOR THEM, THEY WILL BE GIVEN. HE NOTED THESE ARE PRIVATE STREETS AND THE COUNTY HAS NO RESPONSIBILITY FOR MAINTENANCE. CHAIRMAN SIEBERT POINTED OUT THAT THE DEDICATION DOES NOT SAY THAT IF THE COUNTY ASKS FOR THE STREETS, THEY HAVE TO GIVE THEM. MR. LLOYD FELT THIS IS COVERED IN THE SUBDIVISION ORDINANCE. COMMISSIONER LOY NOTED THAT THE PLAT STATES THAT 20 ADDITIONAL FEET OF RIGHT-OF-WAY IS BEING "REQUIRED BY THE PLANNING DEPARTMENT," AND SHE QUESTIONED THIS WORDING, CHAIRMAN SIEBERT STATED THE BOARD "REQUESTS THIS RIGHT-OF-WAY, BUT DID NOT BELIEVE THEY CAN LEGALLY "REQUIRE" IT. THE ADMINISTRATOR STATED THAT HE FELT IT IS ACTUALLY REPUIRED WHETHER BY THE PLANNING DEPARTMENT, HIMSELF OR THE BOARD, MR, LLOYD NOTED THAT IN ORDER TO DEDICATE THIS ADDITIONAL 20', THEY HAD TO REVAMP THE PLAT TO DO AWAY WITH THE STREET PLANNED NEAR A -1-A. CHAIRMAN SIEBERT ASKED IF IT WOULD BE AGREEABLE TO MR. LLOYD TO REMOVE SOME OF THE WORDING ABOUT THE 20' BEING REQUIRED, AND MR. LLOYD DID NOT FEEL IT WOULD PRESENT ANY PARTICULAR PROBLEM, DISCUSSION CONTINUED ON THE CORRECT WORDING. MR. LLOYD NOTED THAT THE COUNTY HAS THE RIGHT TO GO IN TO BUILD UTILITIES, BUT THE GENERAL PUBLIC WILL NOT HAVE THE RIGHT TO INGRESS OR EGRESS, 9 OCT it 1976 Btooz 2'7 PtA t 89. L�A ADMINISTRATOR JENNINGS SUGGESTED THAT THE WORDS "REQUIRED BY INDIAN RIVER COUNTY PLANNING DEPARTMENT" BE DELETED. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO THE DUNES OF DEAUVILLE, PHASE 1, SUBJECT TO THE CHANGE IN WORDING IN THE PLAT DEDICATION AS SET OUT ABOVE. MR. LLOYD THEN REQUESTED THAT THE BOARD GO ON AND GRANT FINAL APPROVAL OF THIS PLAT AND STATED HE FELT THE FRANCHISE WAS NOT NECESSARY FOR THIS EVEN THOUGH IT IS STILL EXISTING TO A DEFUNCT CORPORATION. CHAIRMAN SIEBERT POINTED OUT THAT THIS REQUEST IS NOT ON THE AGENDA AND A TRANSFER OF FRANCHISE MUST BE ADVERTISED. MR. LLOYD NOTED THERE IS NOTHING ADDITIONAL THAT HAS TO BE DONE FOR FINAL APPROVAL. HE CONTINUED THAT THIS MATTER OF THE FRANCHISE DOES NOT RELATE TO THE SUBDIVISION ORDINANCE AND NOTED FURTHER THAT THEY ALREADY HAVE CITY WATER FOR THE 184 CONNECTIONS. IN ADDITION, THE WATER LINES ARE IN AND TAPPED OUT TO EACH LOT, AND THE ROADS ARE ALREADY IN. THE SEWER LINES ARE ALSO INSTALLED TO EACH LOT. DISCUSSION CONTINUED IN REGARD TO THE FACT THAT THIS MATTER IS NOT ON THE AGENDA AND THE POSSIBILITY OF MAKING FINAL APPROVAL SUBJECT TO.THE ATTORNEY'S REVIEW AND APPROVAL OF ALL THE DEDICATIONS. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCHMUCKER, CHAIRMAN SIEBERT AND COMMISSIONER Loy VOTED IN FAVOR, THE BOARD BY A 4/5 VOTE, COMMISSIONER MASSEY BEING ABSENT, AGREED TO ADD TO TOMORROW'S AGENDA AS AN EMERGENCY ITEM, FINAL APPROVAL FOR THE DUNES OF DEAUVILLE PHASE 1. CHAIRMAN SIEBERT INFORMED THE BOARD THAT K. EARL PADGETT CANNOT BE PRESENT TODAY IN REGARD TO FINAL APPROVAL OF SEAGROVE SUBDIVISION AND HAS REQUESTED THAT THIS MATTER BE HELD OVER UNTIL THE MEETING OF NOVEMBER 3RD. CHAIRMAN SIEBERT NEXT DISCUSSED THE RECOMMENDATION OF MS. JAN BARKER TO APPOINT MRS. LADYE FLANAGAN TO THE BOARD OF DIRECTORS OF THE E.O.C. AS DISCUSSED AT THE LAST MEETING, AND INFORMED THE BOARD THAT MRS. FORLANI'S RESEARCH HAS INDICATED THAT THERE IS AN APPOINTMENT OPEN FOR THE BOARD TO FILL. ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER 10 Boa 27 00 SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0, 76-75 ACCEPTING THE RESIGNATION OF MS. .JAN BARKER FROM THE BOARD OF DIRECTORS OF THE ECONOMIC OPPORTUNITIES COUNCIL AND APPOINTING MRS, LADYE FLANAGAN TO SERVE IN HER PLACE, OCT 191976 RESOLUTION NO. 76-75 WHEREAS, JAN BARKER has submitted her resignation as the County Representative on the Board of Directors of the Economic Opportunities Council; and WHEREAS, the Indian River County Commission has accepted the resignation of JAN BARKER; and WHEREAS, LADYE FLANAGAN has expressed interest in serving on the Board of Directors of the Economic Opportunities Council; and WHEREAS, the Board of County Commissioners of Indian River County Florida is desirous of LADYE FLANAGAN being the Board's Representative; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board accepts the resignation of JAN BARKER from the Board of Directors of the Economic Opportunities Council and hereby appoints LIME FLANAGAN to serve as the Commission Representative to 4 the Board of Directors of the Economic Opportunities Council. Such Resolution shall become effective as of the 20th day of October , 1976. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Wi lard W Si ber , Jr., h an Attest: ./"fes rO� &a,c�:�L.__ Ralph Haiss,Clerk JACK HOCKMAN, FINANCE OFFICER, INFORMED THE BOARD THAT INADVERT- ENTLY A PUBLIC HEARING IN REGARD TO AMENDING THE BUDGET SET FOR 8:45 O'CLOCK A.M. OCTOBER 20, 1976, HAS NOT BEEN INCLUDED ON TOMORROW'S AGENDA. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, CHAIRMAN SIEBERT AND COMMISSIONER SCHMUCKER VOTED IN FAVOR, THE BOARD BY A 4/5 VOTE, COMMISSIONER MASSEY BEING ABSENT, APPROVED ADDING TO TOMORROW'S AGENDA AS AN EMERGENCY ITEM, A PUBLIC HEARING IN REGARD TO AMENDING THE BUDGET AS ABOVE. DISCUSSION FOLLOWED IN REGARD TO THE APPOINTMENT OF A STATISTICAL AREAS COMMITTEE AS RECOMMENDED BY THE PLANNING COMMITTEE. IT WAS NOTED THAT THE 1980 CENSUS TRACT MAP CANNOT BE APPROVED BY THE U.S. DEPARTMENT OF COMMERCE UNLESS IT IS RECOMMENDED BY SUCH A COMMITTEE. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER $CHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 76-76 APPOINTING A STATISTICAL AREAS COMMITTEE TO CONSIST OF THE FOLLOWING: J.B. NORTON COL. JACK TAYLOR JOHN P. SAWYER LONE HENRY 12 VCT 191976 a RESOLUTION NO. 76-76 WHEREAS, The Board of County Commissioners of Indian River County, Florida is desirous of making appointments to the Census Statistical Area Committee; and WHEREAS, the following persons have been submitted to the Indian River County Commission as being qualified to serve on said Committee: J. B. NORTON COLONEL JACK TAYLOR JOHN P. SAWYER IONE HENRY NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that J. B. NORTON COLONEL JACK TAYLOR JOHN P. SAYWER IONE HENRY are hereby appointed to serve on the Census Statistical Area Committee for Indian River County, Florida. Such Resolution shall become effective as of the 20th day of October , 1976. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. BY -'A�A Z - "/Q Willard ieb t, Jr. Attest:�„�.lj Ralph'Harrx-,-- , Clerk �5i � 1976 27 -A e THE BOARD RECESSED AT 5:25 O'CLOCK P.M. AND RECONVENED AT 8:30 O'CLOCK A.M., WEDNESDAY, OCTOBER 20, 1976, WITH THE SAME BOARD MEMBERS PRESENT, COMMISSIONER MASSEY STILL BEING ABSENT. ALSO PRESENT WERE .JACK G. .JENNINGS, COUNTY ADMINISTRATOR; L.S. "TOMMY" THOMAS, INTERGOVERN— MENTAL COORDINATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JACK HOCKMAN, FINANCE OFFICER; AND VIRGINIA HARGREAVES, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER WODTKE LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND ROSCOE MCCLOUD OF SEBASTIAN UNITED METHODIST CHURCH GAVE THE INVOCATION. VAN MURPHY, DISTRICT FORESTER, INTRODUCED TO THE BOARD THE NEW URBAN FORESTER, GREGG CLARK. DISTRICT FORESTER MURPHY THEN INFORMED THE BOARD THAT THE PROJECT APPLICATION FOR FEDERAL COST—SHARING ASSISTANCE FOR ITEMS OF FIRE—FIGHTING AND TRAINING EQUIPMENT HAS BEEN APPROVED AS PER THE FOLLOWING LETTER FROM THE FLORIDA DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES AND PRESENTED THE BOARD WITH A CHECK FOR $2,058.00. 14 OCT 2 01976 e J r 0 STATE OF FLORIDA $ o _ FLORIDA DEPARTMENT OF AGRICULTURE E CONSUMER SERVICES DOYLE CONNER. COMMISSIONER DIVISION OF FORESTRY / COLLINS BUILDING / TALLAHASSEE 32304 FC -U Coop. V&MFD Title IV September 27, 1976 T0: Board Of County Commissioners, Indian River County (Applicant) We are pleased to inform you that your project application, dated 6 23/76 , for Federal Cost -Sharing Assistance under the provisions of Title IV of the Rural Development Act, is hereby approved for the following items of equipment and/or training: Item Total Cost Federal Community Requested Quantity (Approved) Cost -Share Receiving Item Aix Packs 2 $1,030.00 $ 515.00 Fellsmere Bose, A" 100' $ 126.00 $ 63.00 Sebastian Biose, 2h- 500• 900.00 450.00 Community Total $1,026.00 513.00 Aix Packs 2 $1,030.00 $ 515.00 Roseland Air Packs 2 $1,030.00 $ 515.00 Indian River Shores -corals: $4,116.00 $2,058.00 Attached, herewith, is state warrant number 2020623 in the amount of $2-05g_AA which represents advance payment in full for the 50% Federal Cost - Share, to be applied toward the purchase of the above listed items. 4 Proof of purchase (paid receipts) covering these items shall be provided to the Division of Forestry no'later than May 1, 1977. Please acknowledge receipt of this warrant by signature date , and return signed copy to: Division of Forestry, Fire Control Bureau, Collins Building, Tallahassee, Florida 32304. Si er y yours, Sohn M. Bethea Attachment Director cc: District Forester Van Ihmpb3t.bee I 1, OCT 2 01976 P ' 95 J n 1 LU J U F— a W A W F— A W N a _Z x !C U O J U O Lr) CO LL O O x W x F— F- 3 I O F- A W x U F_ F_ Z O_ F— L)_ J a) O a LL O U_ O O W a x F- 3 W U F— O 0 Z 3 O J J O LL W x F- A ¢ W IZ VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being 0 a � c3y, 1 o in the matter of P?,e 1,/t vrr•L! .CLfi� Op'� in the Court was pub- lished In said newspaper in the issues of n e j.4- L; /7• '1976 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office In Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication In the said newspaper. Swom to and subscribed before me th' ay of nA.D.1g 7 192, (dWiness Manager) (Clerk-o(Clerk-ofXw Clrcuit Cant, Indian River County, Florida) (SEAQ r P NOTICE NOTICE IS HEREBY GIVEN that the budge amendment to be adopted by he Board following summarizing of County Commissions s of Indian RiverCouunntyy,, • Florida, showing a planned appropriation of unanticipated receipts for fiscal year 197576, in: ' words and figures as follows: UNANTICIPATED RECEIPTS: ROADS BRIDGE GENERALFUND FUND Federal Environmental ProtectlonAgercy 5 77,861.00 $ Federal Revenue Sharing Funds 220,030.00 Federal Urban Redevelopment Grant 300,000,00 State Secondary Road Funds 1501M.00- APPROPRIATED 50 M00:APPROPRIATED EXPENDITURES: Water Resources Survey 77,861 DD Park Purchase 203,116.00 Recreation Facilities ,916.00 Urban Redevelopment 300,000.00 1616 Secondary Road Maintenance150,00100:.r BUDGETARY RECAPITULATION: General Fund Increase $597,891.00 Road & Bridge Fund Increase 150,000 Net Budget Increase 5747,1191 00 A detailed copy of the proposed budget amendment is on file In the office of the Clerk of Circuit Court, Indian. River County, Florida. The said Board will meet in the County Commissioners' Room, Indian River County Courthouse, Vero Beach, Florida, at 8:45 o'clock A.M. on Wednesday,, October 20, 1976, for the purpose of hearing requests and complaints from the public regarding.; said proposed, budget amendment. BY:•s-W. W. Siebert Jr. Chairman, Board of County Commissioners Indian River County, Florida Oct. 13, 17, 1976. vQ { ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS NOT YET REVIEWED THIS SITUATION OR THE PROPOSED RESOLUTION. CHAIRMAN SIEBERT ASKED IF ANYONE IN THE AUDIENCE WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER Loy, SECONDED.BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No.*76-78 IN REGARD TO CHANGES IN THE BUDGET AS ADVERTISED AND AUTHORIZED SIGNATURE OF THE CHAIRMAN SUBJECT TO THE APPROVAL OF THE ATTORNEY. 17 OCT 2 0 1976 . w RESOLUTION NO. 76-78 WHEREAS, the Board of County Commissioners have received funds which were unanticipated at the time that the 1975-1976 fiscal budget was prepared, and WHEREAS, the said Board may appropriate unanticipated receipts, and may add the appropriations to the budget of the proper fund by amendment as prescribed in Florida Statutes, Chapter 129.06 (d), and WHEREAS, the said Board did publish notice of the proposed amendment not more than•(14) fourteen and not less than (7) seven days, in a newspaper of local general distribution, of their intention to adopt an amended budget in a manner which the original budget was adopted, and WHEREAS, a public hearing was held at 8:45 o'clock A.M., and there being no objections from the public for the published notice of budget amendment. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS, OF INDIAN RIVER COUNTY, FLORIDA, that the following budgets are amended: A. General Fund Increases: Receipts 01-1193-000.00 $220,030.00 Federal Revenue Sharing Expense 01-6101-204.00 7,600.00 Recreation Materials Expense 01-6101-34i.00 314.00 Boating Ramp Expense 01-6101-401.00 9,000.00 Recreation.Building Expense 01-6102-403.00 203,116.00 Park Purchase Receipts 01-1422-000.00 377,861.00 Governmental Grants Expense 01-2781-341.11 300,000.00 Urban Redevelopment Expense 01-5346-341.01 77,861.00 Water Resource Survey B. Road :; Fine 8 Forfeiture Increases: Receipts 02-1980-000.00 150,000.00 Transfer - Secondary Roads Expense 02-4102-341.10 150,000.00 Secondary Road Maintenance October 20, 1976 Attest: 01-1 . M--- - E OCT 2 0 1976 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Ch irman DR. DAVID SMITH AND .JAMES BEINDORF, COUNTY CONSULTING ENGINEERS, APPEARED TO DISCUSS A WATER SYSTEM FOR THE COUNTY. MR. BEINDORF USED THE COMPREHENSIVE LAND USE PLAN MAP TO POINT OUT AREAS THEY HAD DISCUSSED AND STATED THE HIGH POINTS OF THEIR RECOMMENDATIONS ARE (1) TO SUGGEST AN AREA BE PICKED OUT, (2) TO GET PERMISSION FROM THE BOARD TO ACQUIRE EASEMENTS AND RIGHTS-OF-WAY WHEN THE AREA IS DETERMINED, AND (3) TO PROCEED WITH THE NECESSARY ENGINEERING TO SECURE FUNDS TO INITIATE THE BEGINNING OF A WATER SYSTEM FOR THAT AREA. MR, BEINDORF CONTINUED THAT THE FIRST AREA TO CONSIDER IS THE AREA AROUND THE NEW HOSPITAL AND GIFFORD, INCLUDING THE INDUSTRIAL PACKING HOUSE AREA AND THE AREAS SERVED BY U.D.U. HE NOTED A PROBLEM IS THAT AT THE PRESENT TIME WE WOULD BE USING SOLELY WATER ALLOCATED BY THE CITY OF VERO BEACH AND HE WOULD SUGGEST APPLYING OUR ENTIRE REMAINING WATER ALLOCATION TO THIS AREA. THE NEXT AREA UNDER CONSIDERATION IS THE WABASSO HOBART PARK AREA, POSSIBLY INCLUDING THE NORTH BEACH AREA OF INDIAN RIVER SHORES. HE POINTED OUT THAT HERE THEY WOULD BE THINKING IN TERMS OF A WELL FIELD AND TREATMENT PLANT WHICH WOULD ULTIMATELY SERVE GIFFORD AS WELL AS WABASSO AND THE NORTH BEACH AREA AND STATED IT IS A HIGH POTENTIAL GROWTH AREA WITH A LOW INITIAL LOAD. THE MOST REMOTE AREA UNDER CONSIDERATION IS THE AREA SOUTH OF VERO BEACH, WHICH WILL REQUIRE A LOT OF TRANSMISSION LINES AND A GREAT MANY RIGHT-OF-WAYS. MR, BEINDORF NOTED THAT THERE WOULD BE AN IMMEDIATE CUSTOMER LOAD IN THIS AREA, BUT THERE ARE A MULTITUDE OF SMALL UTILITY SYSTEMS IN THIS AREA. HE CON- CLUDED CLUDED THAT IT IS THEIR FEELING THAT THE REAL NEED FOR THE WATER SYSTEM IS IN THE GIFFORD AREA AND THAT IT WOULD BE A GOOD START FOR THE COUNTY TO CONSIDER. MR..BEINDORF WENT ON TO DISCUSS THE ACQUIRING OF EASEMENTS AND NOTED THAT WE ARE STYMIED FROM GOING ANY FURTHER WITH U.D.U. UNTIL CERTAIN EASEMENTS CAN BE OBTAINED, PRIMARILY ACROSS THE AIRPORT AND A FEW SMALL EASEMENTS FROM OWNERS OF PRIVATE LAND, CHAIRMAN SIEBERT SAID HE FELT THE FIRST ORDER OF BUSINESS WOULD BE TO PICK OUT AN AREA, AND HE PERSONALLY FELT GIFFORD SHOULD BE SET AS THE NUMBER ONE PRIORITY, ESPECIALLY DUE TO -THE POSSIBILITY OF RECEIVING GRANT FUNDS TO HELP SET THIS UP, DR, SMITH REPORTED THAT THERE APPEARED TO BE TWO POSSIBLE ROUTES THE COMMISSION COULD FOLLOW TO FUND AN IMPROVEMENT PROGRAM OF THIS 19 OCT 2 0.1976 NATURE. FIRST WAS THE ECONOMIC DEVELOPMENT !ADMINISTRATION TITLE 1 AND POS- SIBLY TITLE II PROGRAM. HE CONTINUED THAT THEY HAVE LEARNED THAT IN ORDER TO BE ELIGIBLE FOR EDA GRANTS THE APPLICATION HAS TO BE PUT TOGETHER COMPLETELY AND SUBMITTED WITHOUT DELAY, AS THERE WILL BE A LARGE NUMBER OF APPLICATIONS SUBMITTED FROM THIS STATE OF WHICH ONLY A SMALL PERCENTAGE WILL BE FUNDED, AND THE APPLICATIONS WILL BE RANKED ON READINESS TO GO; I.E., REAL ESTATE ACQUISITION, PUBLIC HEARINGS, PLANS AND SPECIFICATIONS AND PERMITS, ETC. DR. SMITH CONTINUED THAT IT, THEREFORE, BECOMES A DECISION ON THE PART OF THE BOARD AS TO WHETHER THEY WISH TO ATTEMPT TO ACCELERATE A PROGRAM AT THIS POINT AND GET A COMPLETE APPLICATION READY WITHIN THE NEXT EIGHT WEEKS. HE NOTED THAT THE NUMBER ONE AREA DISCUSSED, THE GIFFORD AREA, IS ALSO THE LEAST EXPENSIVE OF THE THREE MENTIONED. DR. SMITH INFORMED THE BOARD THAT HE HAS BEEN IN CONFERENCE WITH WILLIAM WEATHERS OF FARMERS HOME ADMINISTRATION PERTAINING TO THE POSSIBILITY OF FHA FUNDS AND WAS TOLD THEY HAVE AMPLE LOAN MONEY AVAILABLE IF THE AREA MEETS THE CRITERIA. HE NOTED THAT YOU CANNOT GET 100% FUNDING THIS WAY, A CERTAIN PERCENTAGE WOULD HAVE TO BE ON A LOAN BASIS, AND ALSO POINTED OUT THAT THIS WOULD. NOT BE QUITE AS MUCH OF A CRASH PROGRAM AS APPLYING FOR THE EDA GRANT. HE THEN SUGGESTED THE POSSIBILITY OF FOLLOWING THE EDA ROUTE AND IF THIS FAILS, TURNING TO FHA. DR, SMITH STATED THAT IT WOULD TAKE $2,000 OR $3,000 MORE FRONT MONEY TO GET THE EDA APPLICATION IN AS IT REQUIRES AN ENVIRONMENTAL IMPACT STUDY AND PUBLIC�HEARINGS WHICH ARE NOT REQUIRED BY FHA. ALSO THE MONEY FOR THE PREPARATION OF THE APPLICATION IS NOT REIMBURSABLE UNDER THE EDA GRANT. CHAIRMAN SIEBERT STATED HE FELT IT WOULD BE BEST TO GO WITH THE GIFFORD AREA AS A BIGGER PROJECT WOULD BE TOO AMBITIOUS AT THIS TIME AND WE WOULD NOT BE ABLE TO GET THE TOTAL APPLICATION READY QUICKLY ENOUGH. INTERGOVERNMENTAL COORDINATOR THOMAS SUGGESTED THE COST OF THE ENGINEERING FOR THIS APPLICATION BE DISCUSSED AS IT IS NOT BUDGETED AND THE $2,000 OR $3,000 ALREADY MENTIONED WOULD ONLY BE PART OF THE COST OF PREPARING THE APPLICATION. DR. SMITH STATED THAT BASED ON PREPARING AN APPLICATION FOR THE GIFFORD AREA ALONE, THE FRONT END LOAD FOR ENVIRONMENTAL ASSESSMENTS, PERMITS, ETC., WOULD COST $8,000 TO $10,000, AND THE PLANS AND SPECIFIC..; CATION 'WOULD BE ABOUT $20,000 TO $25,000. 20 OCT 2 0197r�� CHAIRMAN SIEBERT ASKED IF WE WERE UNSUCCESSFUL IN OBTAINING THE EDA GRANT AND CHOSE TO APPLY TO FHA, WOULD THOSE CHARGES THEN BE REIMBURSABLE UNDER THE FHA GRANT? MR. WEATHERS OF THE FHA STATED THAT.HE FELT MOST OF IT WOULD BE DISCUSSION CONTINUED AND THE BOARD AGREED WE SHOULD PROCEED AND NARROW IT DOWN TO THE GIFFORD AREA. CHAIRMAN SIEBERT REQUESTED THAT THE FINANCE OFFICER BE ASKED TO RETURN TO THE MEETING TO DISCUSS WHERE THE MONEY FOR THIS APPLICATION WILL COME FROM. CHAIRMAN SIEBERT DISCUSSED WITH THE BOARD THE POSSIBILITY OF MIDDLE 6I MIDDLE 7 SCHOOL AS.A SITE FOR AN ELEVATED WATER STORAGE TANK AND STATED THAT HE. HAD TALKED INFORMALLY WITH MEMBERS OF THE SCHOOL BOARD WHO WERE VERY RECEPTIVE TO THE IDEA. MR. BEINDORF STATED HE HAD ALSO MET WITH SOME OF THE SCHOOL OFFICIALS AND THERE IS A SITE AVAILABLE, MR. BEINDORF INFORMED THE BOARD THAT THE PACKING HOUSES IN THE GIFFORD AREA HAVE FORMULATED PLANS TO BUILD A WATER STORAGE TANK AS THEY CAN'T EXPAND ANY OF THEIR PLANTS UNTIL THEY HAVE SUFFICIENT WATER PRESSURE FOR FIRE PROTECTION AND IT ALSO WOULD BRING ABOUT A GREAT RE- DUCTION IN THEIR INSURANCE PREMIUMS. HE STATED THAT IT WOULD BE AT LEAST A 100,000 GALLON STORAGE TANK AND COULD BE AN ADVANTAGE BOTH TO THE COUNTY AND THE PACKING HOUSES. CHAIRMAN SIEBERT POINTED OUT THAT IF THE PACKING HOUSES THINK THE COUNTY CAN GIVE WATER TO THAT AREA AND THEY CAN GET PROPER PRESSURE, THEY MAY NOT BUILD SUCH A STORAGE TANK. HE STATED THE PACKING HOUSES PROBLEM WITH WATER PRESSURE WOULD HAVE A DIRECT BEARING ON THE GRANT APPLICATION AS IT AFFECTS EMPLOYMENT IN THE AREA, FINANCE OFFICER HOCKMAN RETURNED TO THE MEETING, AND CHAIRMAN SIEBERT ASKED HIM WHERE WE COULD OBTAIN THE $30,000 TO $40,000 NEEDED TO PROCEED WITH THE APPLICATION TO EDA, MR. HOCKMAN STATED THAT IT WOULD HAVE TO COME OUT OF THE CONTINGENCY FUND AS FEDERAL REVENUE SHARING FUNDS CANNOT BE USED FOR .THIS PURPOSE, ATTORNEY COLLINS NOTED THAT WE WILL HAVE UNANTICIPATED REVENUE FROM THE PROPERTY APPRAISER WHEN HE PAYS US THE EXCESS FEES FROM HIS 21 T 1973 COMMISSIONS. FINANCE OFFICER HOCKMAN STATED HE MIGHT POSSIBLY BE ABLE TO BRING SOME MORE FEDERAL REVENUE SHARING FUNDS INTO THE BUDGET ON CAPITAL ITEMS, CHAIRMAN SIEBERT STATED HE FELT WE SHOULD PROCEED AND IF THERE IS ANY WAY TO SHIFT SOME CAPITAL ITEMS, WE SHOULD DO IT. CHAIRMAN SIEBERT ASKED MR. WEATHERS OF THE FHA FOR HIS COMMENTS. MR. WEATHERS STATED THAT HE FEELS NO AREA IS MORE CRITICAL THAN THE GIFFORD AREA AND THE HOSPITAL COMPLEX AND BELIEVES FNA WOULD BE RECEPTIVE, AND, OF COURSE, WOULD REALLY PREFER TO SEE THE COUNTY TAKE OVER THE U.D.U. SYSTEM. HE FELT THEY MIGHT AGREE TO CONVEY IT TO THE COUNTY AT THE APPRAISED VALUE AND NOTED THIS WOULD GIVE THE COUNTY THE NUCLEUS OF A UTILITY SYSTEM IMMEDIATELY AND WOULD GIVE THE U.D.U. SYSTEM SUPERIOR SERVICE AND OPERATION. CHAIRMAN SIEBERT ASKED MR. WEATHERS IF THE TRANSMISSION LINE YOU WERE INTENDING ON PUTTING FROM THE CITY TO GIFFORD, WAS ALL COVERED BY GRANT, MR. WEATHERS STATED THAT IT IS PART GRANT AND PART LOAN AND HE FELT.PROBABLY SOME OF IT COULD BE DIVERTED TO IMPROVE THE SYSTEM WITHIN THE GIFFORD AREA. HE NOTED AGAIN THAT ENGINEERING CHARGES WOULD BE REIMBURSABLE BY HIS ORGANIZATION. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY CONSULTING ENGINEERS TO PROCEED WITH ALL OF THEIR SERVICES NECESSARY TO COMPLETE THE EDA APPLICATION FOR A GRANT UNDER TITLE I FOR A WATER SYSTEM TO SERVE THE AREA IMMEDIATELY NORTH OF THE CITY OF VERO BEACH, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE CONSULTING ENGINEERS AND THE ATTORNEY TO PROCEED WITH ACQUIRING THE NECESSARY EASEMENTS AND SITES TO CARRY OUT THIS PROJECT. ON MOTION BY COMMISSIONER.LOY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED INTERGOVERNMENTAL COORDINATOR THOMAS TO SIGN THE PRE -APPLICATION AND ANY NECESSARY FORMS ON BEHALF OF INDIAN RIVER COUNTY UNDER THE EDA TITLE I PROGRAM, AS APPROVED BY THE ATTORNEY. 22 VT 2 Q' 076 INN DISCUSSION FOLLOWED, AND THE BOARD AGREED THE SCHOOL SITE WAS THE ONE TO PURSUE. HOMER FLETCHER, PROPERTY APPRAISER, APPEARED AND INFORMED THE BOARD THAT HE HAS COLLECTED THE OUTSTANDING COMMISSIONS DUE HIS OFFICE FOR THE YEAR 1973 AND PRESENTED TO THE BOARD A CHECK IN THE AMOUNT OF $143,271.00 REPRESENTING THEIR PORTION OF THE EXCESS FEES, DON ADAMS, CITY -COUNTY BUILDING DIRECTOR, APPEARED TO DISCUSS WITH THE BOARD A CHANGE IN CORPS OF ENGINEERS PERMITS IN REGARD TO BUILDING DOCKS. HE STATED HE HAS REVIEWED INFORMATION FROM THE CORPS OF ENGINEERS WHICH SEEMS TO INDICATE CERTAIN PERMITS WILL NO LONGER BE NECESSARY. MR. ADAMS INFORMED THE BOARD THAT WE DO NOT HAVE ANY CRITERIA FOR SMALL RESIDENTIAL DOCKS IN THE COUNTY. ADMINISTRATOR .JENNINGS NOTED THAT PERMITS TO CONSTRUCT SUCH DOCKS MUST BE IN ACCORDANCE WITH ALL GOVERNMENTAL REGULATORY AGENCIES, MR. ADAMS STATED THAT WE NEED A SET OF LOCAL REGULATIONS AND FELT SOME GUIDELINES SHOULD BE SET UP, HE FELT IT WILL HELP LOCAL PEOPLE NOT TO HAVE TO SEND OFF TO THE CORPS OF ENGINEERS. CHAIRMAN SIEBERT STATED THAT THIS MATTER SHOULD BE FORWARDED TO THE ZONING DEPARTMENT TO WORK WITH THE PLANNING DEPARTMENT ON SUCH REGULATIONS AND THEN THEY SHOULD FORWARD A FINAL DRAFT TO THE BUILDING DIRECTOR TO REVIEW BEFORE IT IS BROUGHT TO THE BOARD AGAIN. ADMINISTRATOR JENNINGS ASKED IF THE CORPS OF ENGINEERS IS RELIEVING THEMSELVES OF THE RESPONSIBILITIES OF WHAT THEY NOW DO IN THE PERMITTING PROCESS REQUIRED ON ANY DOCK. HE NOTED THESE PERMITS ARE SENT BY THE CORPS TO VARIOUS GOVERNMENTAL AGENCIES, I.E., THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND AND THE DEPARTMENT OF ENVIRONMENTAL REGULATION, AND ASKED IF WE DO WHAT IS BEING DISCUSSED HERE, WILL IT BE A RESPONSIBILITY OF THE COUNTY TO CONTACT ALL THE VARIOUS GOVERNMENTAL AGENCIES. DISCUSSION FOLLOWED, AND CHAIRMAN SIEBERT INSTRUCTED INTERGOVERN- MENTAL COORDINATOR THOMAS TO INVESTIGATE THIS FACET OF THE MATTER BEFORE IT IS SENT TO THE PLANNING AND ZONING DEPARTMENTS TO SET UP LOCAL REGULATIONS. BUILDING DIRECTOR ADAMS THEN REPORTED TO THE BOARD ON THE BUILDING PERMIT FEE SCHEDULE AND STATED THAT, ON THE PART OF THE COUNTY, THE FEE SCHEDULE IS SUFFICIENT AND SELF-SUPPORTING AND THE COUNTY CLEARED, $716.00 FOR THE LAST FISCAL YEAR. HE INFORMED THE BOARD THAT HE 23 T 2 01976 s -27 Nd.s103 PRESENTED HIS PROPOSED NEW FEE SCHEDULE TO THE CITY COUNCIL LAST NIGHT AND GOT THEIR APPROVAL. THEY ARE IN THE RED $1,200.00, MR. ADAMS POINTED OUT THAT THE PRESENT FEE SCHEDULE WILL NOT BE SUFFICIENT WHEN HE ADDS NEW STAFF, AND THE VEHICLES IN THE BUILDING DEPARTMENT ARE SIX YEARS OLD AND HE WILL RECOMMEND THE ENTIRE FLEET BE REPLACED. HE STATED THAT THE NEW FEE SCHEDULE HE IS RECOMMENDING IS THE ONE SET OUT IN THE SOUTHERN STANDARD BUILDING CODE AND HE DOES NOT FEEL THE IMPACT IS TOO GREAT TO BE ABSORBED IN TODAY'S ECONOMY. CHAIRMAN SIEBERT NOTED THAT WE DO NOT WANT TO MAKE A PROFIT NOR DO WE WANT TO HAVE TO RAISE OUR FEE SCHEDULE TO MAKE THE CITY BREAK EVEN, BUT IF IT IS REALLY NECESSARY TO PROVIDE.SERVICES REQUIRED OF THE BUILDING DEPARTMENT, THAT IS A DIFFERENT SITUATION. MR, ADAMS STATED THAT HE FEELS IF THE FEE SCHEDULE IS NOT INCREASED, THE AD VALOREM TAXES WILL HAVE TO PICK UP THE DIFFERENCE. IT WAS AGREED THAT THIS MATTER WILL BE PLACED ON THE AGENDA OF THE NEXT MEETING. CHAIRMAN $IEBERT INFORMED THE BOARD THAT THERE IS A PENDING LAWSUIT IN REGARD TO EQUIPMENT AND SERVICES PURCHASED BY THE PROPERTY APPRAISER AND THE DEFENDANTS ARE THE PROPERTY APPRAISER, THE BOARD OF COUNTY COMMISSIONERS AND THE STATE OF FLORIDA, ATTORNEY COLLINS NOTED THAT THIS MATTER WAS FILED IN TALLAHASSEE. THERE IS ABOUT $36,000 IN DISPUTE, AND ATTORNEY COLLINS STATED IF THE BOARD WISHED TO AUTHORIZE HIS FIRM TO GO BACK AND FORTH TO TALLAHASSEE, THEY WOULD BE GLAD TO DO SO, BUT HE DOES NOT FEEL IT WOULD BE FINANCIALLY ADVISABLE. HE SUGGESTED THAT THE BOARD AUTHORIZE THE PROPERTY APPRAISER'S ATTORNEY, W.E. "BUCKY" BISHOP, SJR., TO REPRESENT INDIAN RIVER COUNTY ON THIS PARTICULAR LAWSUIT, AND HE WILL KEEP IN TOUCH WITH MR. ..BISHOP ON THIS MATTER. DISCUSSION FOLLOWED, AND IT WAS NOTED THAT THE COUNTY MUST ANSWER SEPARATELY AND WILL HAVE TO PAY ATTORNEY'S FEES. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY W.E. "BUCKY" .BISHOP, .JR., TO REPRESENT INDIAN RIVER COUNTY IN THE PENDING LAWSUIT #76-2068 AND REQUESTED ATTORNEY COLLINS TO KEEP THE BOARD ADVISED OF THE PROGRESS OF THE SUIT. 24 • Beef 27 �� 4 OCT 2.0 1976 . ATTORNEY COLLINS REPORTED TO THE BOARD THAT HE HAD BEEN NOTIFIED BY ZONING DIRECTOR DEWEY WALKER THAT "BUD" JENKINS HAS BEEN HAULING FILL OUT OF HIS MINING OPERATION IN VIOLATION OF THE COUNTY'S CEASE AND DESIST ORDER. HE CONTINUED THAT HE CALLED CHAIRMAN SIEBERT AND INFORMED HIM OF THIS SITUATION AND OBTAINED AUTHORIZATION TO ENJOIN MR. JENKINS AGAINST FUTURE HAULING. HE NOTED THAT IF MR. JENKINS CONTINUES, HE WILL BE IN CONTEMPT AND COULD GO TO JAIL. THE ATTORNEY POINTED OUT THAT MR. JENKINS WAS GIVEN A LIST OF THINGS TO DO, AND HE HAS NOT DONE ANY OF THEM, ADMINISTRATOR JENNINGS STATED THAT HE WILL CONTINUE TO MONITOR THIS OPERATION. HE NOTED WE MUST HAVE REGULATIONS THAT ARE ENFORCEABLE AND STATED HE FEELS THE ACTION WAS JUSTIFIED. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE ACTION OF THE ATTORNEY IN ENJOINING MR. JENKINS AND INSTRUCTED HIM TO TAKE ANY FURTHER ACTION NECESSARY ON THE COUNTY'S BEHALF. ATTORNEY COLLINS INFORMED THE BOARD THAT HE MET WITH CITY ATTORNEY CORDISCO IN REGARD TO THE 17TH STREET BRIDGE AGREEMENT, AND THEY HAVE COME UP WITH A GENERAL APPROACH. HE NOTED THAT THE CITY MANAGER RECOMMENDED THAT THE COUNTY DO THE WORK ON THE RELOCATION OF UTILITIES, BUT IT HAS BEEN HIS OPINION THAT THE COUNTY IS IN NO POSITION TO PERFORM THIS TASK OR MONITOR IT AND THE CITY SHOULD MONITOR IT AND LET THE BIDS BECAUSE THEIR ENGINEERING STAFF HAS BEEN WORKING ON THIS PROBLEM. FROM THE CITY'S POINT OF VIEW, THEY ARE CONCERNED ABOUT THE FLOW OF THE CASH PAYMENTS AS THE MONEY WILL BE COMING OUT OF SECONDARY ROAD FUNDS WHICH ARE CONTROLLED BY TALLAHASSEE, HE CONTINUED THAT THEY HAVE NOW COME UP WITH THE IDEA OF THE D.O.T. LETTING THE BIDS, AND LAST FRIDAY A MEETING WAS SET UP WITH THE D.O.T. OFFICIALS, CITY MANAGER LITTLE, CITY ATTORNEY CORDISCO AND ATTORNEY COLLINS AND ADMINISTRATOR .JENNINGS. ADMINISTRATOR .JENNINGS STATED THAT FIVE OF THE D.O.T.'S TOP OFFICIALS FROM FORT LAUDERDALE ATTENDED THIS MEETING TOGETHER WITH THEIR ATTORNEY FROM TALLAHASSEE, ATTORNEY COLLINS CONTINUED THAT AT THIS MEETING IT WAS AGREED THAT THE BEST APPROACH FROM ALL PARTIES'POINT OF VIEW IS TO HAVE THE D.O.T. LET THE BIDS AND DO THE WORK, AND TO HAVE THE CITY OF VERO BEACH AND THE COUNTY ENTER INTO A CONTRACT SETTING OUT CERTAIN BASIC FACTS THE AMOUNT TO BE PAID; WHAT THE CITY WILL DO IN CERTAIN SITUATIONS; AND 25 Off 201976 �'ot 105 OCT 201976 THE FACT THAT THE CITY OF VERO BEACH AND THE D.O.T. WILL ENTER INTO A .JOINT VENTURE AGREEMENT WHEREBY THE UTILITY RELOCATION WILL BE BID OUT AND DONE BY THE D.O.T. CHAIRMAN SIEBERT POINTED OUT THAT HE STILL WANTED SOMETHING IN WRITING STATING THAT THESE FUNDS CAN BE USED IN THIS WAY, ATTORNEY COLLINS ANSWERED THAT ALL THE AGREEMENTS, PAPERS, ETC., WILL BE FUNNELED UP THROUGH THE D.O.T. BUREAUCRACY AND ONE OF THE ITEMS THEY WILL REVIEW IS THE COUNTY IS AVAILABILITY OF FUNDS AND THE LEGALITY OF USING THEM IN THIS MANNER. HE CONTINUED THAT WE WILL HAVE A CONTRACT WITH THE CITY AND THE JOINT CONTRACT BETWEEN THE CITY AND THE D.O.T. WILL SET OUT THE PAYMENT OF THE FUNDS. ADMINISTRATOR .JENNINGS NOTED THAT THE BOARD WILL BE REQUESTED TO SIGN A FORM AUTHORIZING THE D.O.T. TO SET ASIDE THE $403,600. THE D.O.T. WILL PULL THIS OUT OF OUR SECONDARY ROAD FUNDS AND PAY WHATEVER THE FINAL CONTRACT WORKS OUT TO. IF THERE IS MONEY LEFT OVER, IT WILL THEN BE PLACED BACK INTO THE SECONDARY ROAD FUNDS. ATTORNEY COLLINS STATED THAT HE IS SATISFIED THAT IN THIS WAY THE MATTER OF THE LEGALITY OF USING THE FUNDS IN THIS MANNER WILL BE TAKEN CARE OF, ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT WE NEED TO DETERMINE A DATE FOR A PUBLIC HEARING FOR MID -FLORIDA UTILITIES RATE INCREASE REQUEST, ATTORNEY COLLINS NOTED THAT THIS FRANCHISE HOLDER IS IN VIOLATION OF A NUMBER OF THE FRANCHISE PROVISIONS AND FELT THE BOARD MIGHT WANT TO CONSIDER RESTRICTING THEIR FRANCHISE AREA AT THE SAME TIME THEY CONSIDER THE RATES. THE ATTORNEY SUGGESTED THAT THE BOARD SET UP AN OVERALL POLICY IN REGARD TO ALL FRANCHISES IN THE COUNTY, KEEPING IN MIND THAT THE COUNTY WILL BE GOING INTO THE WATER BUSINESS. CHAIRMAN SIEBERT STATED THAT HE DOES NOT FEEL WE CAN ALLOW THE SMALL UTILITIES TO LET THEIR PLANTS DETIORATE UNTIL THEY ARE USELESS. ATTORNEY COLLINS SAID HE BELIEVES THERE IS A POLICY THE BOARD COULD ADOPT WITH THE COUNTYWIDE SYSTEM IN MIND AND IT COULD BE APPLIED WHERE FRANCHISES ARE DELINQUENT AND NOT DOING WHAT THEY ARE SUPPOSED TO D0, COMMISSIONER LoySUGGESTED THAT THE ATTORNEY AND ENGINEERS GET TOGETHER AND BRING US A POLICY TO CONSIDER. 26 B0wot 27Uahr DISCUSSION FOLLOWED, AND IT WAS NOTED THAT WE CAN REVOKE FRANCHISES, BUT ALL THIS ACCOMPLISHES IS SHUTTING OFF THE WATER, WHICH DOESNIT SOLVE ANYTHING, CHAIRMAN SIEBERT NOTED THAT THESE FRANCHISES SET UP AN OPERATING AND MAINTENANCE BUDGET, AND FELT THERE SHOULD BE AWAY FOR THE COUNTY TO GET A LIEN AND GO IN AND DO THE NECESSARY WORK AS HE WANTS TO ASSURE THAT THESE SYSTEMS DO NOT FALL APART BEFORE THE TIME COMES WHEN THE COUNTY WILL TAKE THEM OVER. DISCUSSION CONTINUED IN REGARD TO A PUBLIC HEARING FOR MID - FLORIDA AND PERSONNEL DIRECTOR DONLON INFORMED THE BOARD THAT HE HAD WRITTEN MID -FLORIDA, WHO INFORMED HIM THAT THEY HAVE ACCOMPLISHED EVERYTHING AS SET OUT IN THEIR LETTER WRITTEN IN 1972 BUT HAVE DONE NOTHING SINCE THEN. CHAIRMAN SIEBERT ASKED THE BOARD IF THEY WISHED TO SET A DATE FOR A HEARING, AND COMMISSIONER Loy STATED THAT SHE FELT WE SHOULD FIRST INDICATE TO THEM THERE IS A PROBLEM AND THAT WE ARE CONSIDERING DECREASING THE AREA OF THE FRANCHISE. CHAIRMAN SIEBERT ASKED THAT THE MEETING BE RECESSED AT THIS POINT TO PREPARE FOR THE MEMORIAL TRIBUTE TO THE LATE COUNTY ATTORNEY PAUL BURCH. THE FOLLOWING PROGRAM WAS HELD AND RESOLUTION N0. 76-55 PRESENTED AS AUTHORIZED AT THE MEETING OF .JUNE 23, 1976. 27 IN OCT 2 01976 � `o 2 pay: i.07 OCT 201976 i TRIBUTE TO PAUL D',' BURCH October 20, 1976 - 11;30 o"clock A,M. Introduction: Chairman Siebert -Pledge of Allegiance: - Commissioner Schmucker Invocation: Reverend Chalmes Holmes - First Baptist Church Introduction of members of the Burch Familys Chairman Siebert Special Remarks - Tribute to Paul: Commissioner Loy Presentations: Resolution - State Association of County Commissioners Vice Chairman Wodtke Resolution - Indian River County Bar Association Attorney Collins Resolution - Board of County Commissioners Chairman Siebert Unveiling of Placque - Mrs. Paul D. Burch Presentations: Framed copy of Resolution to Mrs. Paul D. Burch Chairman Siebert Framed copy of Resolution to Mr. and Mrs, Paul L.Burch Chairman Siebert Picture to Mrs. Paul D. Burch - Commissioner Loy Benediction: Reverend Chalmes Holmes 4_. Boos .. t ��.:� 108 J RESOLUTION NO. 76 - 55 WHEREAS, PAUL D. BURCH served as Attorney for the Board of County Commissioners from October 15, 1969 to the date of his death on February 3. 1976; and' WHEREAS, during such.tenure of -office the said PAUL D. BURCH did give his time, his.knowledge, his dedication, his allegiance,. and his love of good government in a manner far above and beyond that called for or demanded by the office which he filled; and WHEREAS; it appears fitting and proper to commit to posterity a memorial honoring that which is the epitome of PAUL D. BURCH'S dedication and devotion to duty, to office, and to country: NOW, THEREFORE, BE IT RESOLVED -BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,.FLORIDA that: 1. From this day forward let the annals of history of Indian River County show that PAUL D. BURCH pursued his office and all that it encompassed to the best of his ability. 2. • Let the record further show that by such devotion to duty, the said PAUL D. BURCH contributed to the systematic and regulated development of said County to the benefit of all its citizens in such a manner that his efforts will for- ever be a part of Indian River County history. S. Let the record further show that the Board of County Com- missioners, all other units that constitute the government of this County, and all of the citizenry of Indian River County of which PAUL D. BURCH was a resident -and a part, will be forever grateful for that period of his life that was dedicated to them, and that because of such service, Indian River County is and shall be a better place to live. Some men live a•lifetime and returneth not one thing, Some men pass through and leave a thousand -fold. In honor, in tribute. -in love, to PAUL D.-BURCH, this 23rd day of June, 1976. BOARD OF COUNTY C0124ISSIONERS OF INDIAN VER U R A �, r._ 6 Cfraliftian ATTEST: / Clerk o cU t court • OCT.2 41976 � 27- THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS RECONVENED AT 1:45 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT, CHAIRMAN SIEBERT ASKED FOR DISCUSSION IN REGARD TO HOLDING A PUBLIC HEARING FOR A RATE INCREASE FOR URBAN DEVELOPMENT UTILITIES. COMMISSIONER Loy STATED THAT SHE DID NOT FEEL THE RATES SHOULD BECOME EFFECTIVE UNTIL THE SYSTEM IS FULLY APPROVED, CERTIFIED, ETC., AND STATED THAT FHA CONCURS THAT THE RATES NEED NOT BE EFFECTIVE UNTIL EVERY- THING IS CERTIFIED. AFTER FURTHER DISCUSSION, IT WAS AGREED TO SET A PUBLIC HEARING IN REGARD TO THE U.D.U. RATE.INCREASE AT THE REGULAR MEETING OF NOVEMBER 17TH IN THE AFTERNOON. DISCUSSION RETURNED TO A PUBLIC HEARING FOR MID -FLORIDA UTILITIES, AND COMMISSIONER LOY FELT WE SHOULD BE PREPARED WITH THE ITEMS WE WOULD LIKE TO TALK TO MID -FLORIDA ABOUT THAT HAVE TO DO WITH THEIR EXISTING FRANCHISE, CHAIRMAN $IEBERT NOTED THAT THERE IS NO REQUIREMENT THAT WE TAKE ACTION AT THAT MEETING - THAT WE COULD HOLD THE PUBLIC HEARING, ASK OUR QUESTIONS AND WITHHOLD ACTION, IF THAT.IS OUR DESIRE, UNTIL AFTER RECEIVING THE INFORMATION, ATTORNEY COLLINS STATED HIS.REACTION TO THIS SUGGESTION WAS NEGATIVE AND FELT FROM A LEGAL STANDPOINT IT WOULD BE BETTER TO "HAVE ALL YOUR DUCKS IN A ROW" BEFORE HOLDING A PUBLIC HEARING ON RATE INCREASES, COMMISSIONER WODTKE STATED HE WOULD LIKE TO HAVE INFORMATION IN REGARD TO THE VIOLATIONS THAT ARE TAKING PLACE AT THIS TIME BEFORE WE GO TO A PUBLIC HEARING, CHAIRMAN $IEBERT TOLD ENGINEER BEINDORF THAT THE BOARD WANTS TO REVIEW FRANCHISES AND TRY TO GET THEM IN ORDER IN THE EVENT WE PROCEED FURTHER WITH THE WATER SITUATION SO WE CAN HAVE AN ORDERLY TRANSITION, AND IN THE MEANTIME WE ARE CONSIDERING A RATE INCREASE. ENGINEER BEINDORF ASKED IF THE BOARD WISHED HIM TO REVIEW RECENT HAPPENINGS IN THE FRANCHISE AREA IN REGARD TO WHETHER AN INCREASE SHOULD BE GRANTED. HE NOTED THAT HE CAN DELVE INTO THIS WITH THE D.E.R. AND PERFORM THE SERVICES THEY HAVE BEEN PERFORMING IN REGARD TO DETERMINING QUALITY OF THE WATER AND WHAT.PROBLEMS EXIST WITH THE SYSTEM. 30 THE BOARD AGREED THIS INFORMATION SHOULD BE OBTAINED BEFORE ANY HEARING IS HELD ON A RATE INCREASE AND INSTRUCTED PSR. BEINDORF TO OBTAIN THE PERTINENT INFORMATION AND TO WORK WITH ATTORNEY COLLINS TO FORMULATE AN OVERALL POLICY IN REGARD TO ALL FRANCHISES. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY AGREED TO TABLE DETERMINING A DATE FOR A PUBLIC HEARING ON A RATE INCREASE FOR MID—FLORIDA UTILITIES, INC., UNTIL SUCH TIME AS A REPORT HAS BEEN RECEIVED FROM THE COUNTY ENGINEER AND ATTORNEY. THE HOUR OF Z:OO O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath — that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published NOTICE says at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being NOTICE IS HEREBY GIVEN that the Zoning Commission of Indian River County, Florlda, has tentatively approved the following changes and additions to the Zoning Ordinance a �4—!1 of Indian River County, Florida, which changes and additions are substantially as follows: w -I,- � in the matter of ("-A l. That the Zoning Map be changed in order that the following described property situated / in Indian River County, Florida, to -wit: The North 1h of the NE Vi of the NE 1/4 of Section 35, Township 32 -South, Range 39. East, Indian River County, Florida. Be changed from R-2 .Multiple Family In the Court, was pub- District, to C -1A Restricted Commercial District. public hearing in relation thereto at which C�A �� S / �(s Parties interest and citizens shall have an lashed in said newspaper In the issues of -n 7 7 n opportunity to be heard, Will be held by said / Zoning Commission in the County Commission Room'Indian River County Courthouse, Vero Beach, Florida, Thursday, September 23, 1976, at 7:30 P.M., after which a public hearing in Affiant further says that the said Vero Beach Press -Journal is a newspaper published at relation thereto at which parties in interest and citizens shall have an opportunity to be heard, Vero Beach, in said Indian River County, and that the said newspaper has heretofore will be held by the Board of County Com - been continuously published in said Indian River County, Florida, weekly and has been entered missioners of Indian River County, Florida, in as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida the County Commission Room, Indian River for a of one year next preceeding the first publication of the attached copy of adver- County Courthouse, Vero Beach, Florida, on period tisement; and affiant further says that he has neither paid nor promised any person, firm or Wednesday, October 20, 1976, at 2:00 P.M. corporation any discount, rebate, commission or refund for the purpose of securing this adver- Board of County Commissioners Indian tisement for publication in the said newspaper. River County Willard W. Siebert Jr. //pp // Chairman Ch �� Sworn to and subscribed before me this day of � A.D. Indian River County Zoning Commission BY: Ralph Sexton, Chairman Sept. 5, 1976. } n Manager) — r L � ��Cs • �1. ue� �w.� (Clerk of%e Circuit Court, Indian River County, Florida) (SEAL) ATTORNEY ROBERT .JACKSON APPEARED AND NOTED THAT THIS PROPERTY IS IMMEDIATELY WEST OF THE NEW HOSPITAL SITE AND IS FOR DOCTORS` OFFICES, WHICH CONFORMS WITH WHAT IS PROJECTED FOR THE AREA. 31 OCT 2 0 1976 El 77 VAL BRENNAN, COUNTY PLANNER, INFORMED THE BOARD THAT THE ZONING COMMISSION VOTED TO APPROVE THE REZONING FROM R-2 TO C-lA AND NOTED THAT THEY ALSO RECOMMENDED ADDING "MEDICAL CLINICS" AS AN APPROVED USE UNDER THE B-1 DISTRICT. THIS CAME ABOUT AS A RESULT OF THE PLANNING DEPARTMENT'S RECOMMENDATION THAT THE APPLICANT REQUEST B-1 INSTEAD OF C-lA. HE CONTINUED THAT THERE WAS NO OBJECTION ON THE APPLICANT'S PART TO THE RESTRICTION OF B-1 AND THEY ARE WILLING TO GO THROUGH SITE PLAN REVIEW, BUT B-1 DOES NOT PERMIT MEDICAL CLINICS AT THIS TIME. MR. BRENNAN STATED THAT HIS DEPARTMENT IS SUBMITTING TO THE ZONING COMMISSION AN AMENDMENT TO THE ZONING ORDINANCE TO PERMIT MEDICAL CLINICS IN B-1. ATTORNEY COLLINS ASKED IF THERE IS ANY RIGHT-OF-WAY ON THE NORTH SIDE OF THIS PROPERTY. ATTORNEY .JACKSON STATED THAT HE HAS NEVER BEEN ASKED AND NONE HAS BEEN GIVEN, BUT POINTED OUT THEY HAVE GIVEN 30' OF RIGHT-OF-WAY ON THE SOUTH SIDE OF THE PROPERTY (36TH STREET). ROBERT BERG, ASSISTANT COUNTY PLANNER, INFORMED THE BOARD THAT THE PLANNING STAFF FEELS THE RIGHT-OF-VIAY WILL BE NEEDED ON 37TH STREET ESPECIALLY BECAUSE OF THE ADDITIONAL TRAFFIC THAT WILL BE CREATED BY THE HOSPITAL AND THE CLINIC. ADMINISTRATOR JENNINGS NOTED THAT ALL OWNERS ALONG BARBER AVENUE WILL BE APPROACHED FOR RIGHT-OF-WAY TO BUILD THIS SECONDARY ROAD, AND THE RIGHT-OF-WAY IS 110'. HE ALSO POINTED OUT THAT UNTIL THIS RIGHT-OF-WAY IS OBTAINED, THE D.O.T. CANNOT LET A MINI -CONTRACT TO WORK ON THE DRAINAGE RUN OFF. HE FURTHER NOTED THAT WHEN THE SECONDARY ROAD IS DEVELOPED, IT WILL BE A GREAT ADVANTAGE TO EVERYONE LOCATED ON THE ROAD. ATTORNEY COLLINS POINTED OUT THAT IT LS MORE EXPENSIVE TO CONDEMN C-lA PROPERTY. DISCUSSION FOLLOWED IN REGARD TO THE SETBACK REQUIRED IN C -IA, WHICH IS ONLY 10'. MR. BRENNAN INFORMED THE BOARD THAT THE AMENDMENT IN REGARD TO B-1 WILL GO TO THE ZONING COMMISSION TONIGHT AND WILL COME BACK TO THE BOARD AT THE NEXT MEETING. HE NOTED THAT ATTORNEY .JACKSON HAS SAID HE IS GOING TO SELL THIS PROPERTY AND POINTED OUT THAT POSSIBLY THE NEW OWNER MIGHT NOT BE WILLING TO GO.ALONG WITH SITE PLAN REVIEW. WA T 01976 e�oot7. 112 ATTORNEY .JACKSON STATED THAT THE PEOPLE WHO ARE BUYING THIS PROPERTY ARE HERE AND HAVE SAID THEY WILL AGREE TO SITE PLAN APPROVAL. ATTORNEY COLLINS NOTED THAT THEY REALLY NEED TO AGREE TO B-1 ZONING AS SITE PLAN APPROVAL WOULD NOT BE BINDING IN C -IA ZONING. CHAIRMAN SIEBERT ASKED IF IT IS THE INTENTION OF THE BUYER TO COME BACK AND ASK FOR B-1 ZONING. MARK FALB, SECRETARY OF RALMAR ASSOCIATES, INC., APPEARED AND INFORMED THE EOARD THAT THE REASON THEY CHANGED FROM B -I TO C -IA HAS TO DO WITH NATIONAL HEALTH INSURANCE WHICH REQUIRES DOCTORS TO FUNCTION IN A GROUP, THEIR CLUSTER DESIGN IS FOR INDIVIDUAL OFFICES AT THIS TIME. MR. FALB CONTINUED THAT THE PRIMARY DIFFERENCE IN B-1 ZONING THAT WOULD AFFECT THEM IS THAT B-1 REQUIRES A 75' SETBACK OFF MAJOR THROUGHWAYS, AND A SETBACK OF 75' ON EACH SIDE OF THE PROPERTY WOULD PRESENT A PROBLEM. HE ALSO WOULD NOT WANT TO CREATE A NON -CONFORMING USE FOR SOME POINT IN TIME AND THUS WOULD PREFER C-lA ZONING. HE NOTED THAT IF THE SETBACK WERE ON ONE ROAD OR THE OTHER IT WOULD BE NO PROBLEM. DISCUSSION FOLLOWED, AND THE BOARD AGREED THAT THE 75' SETBACK WOULD NOT BE REQUIRED ON THE ROAD LEADING INTO THE HOSPITAL AS IT IS NOT A MAJOR THROUGHWAY BUT JUST A ROAD LEADING INTO A FACILITY, MR. FALB STATED WITH THAT ASSURANCE AND THE ASSURANCE THAT MEDICAL CLINICS WILL BE ALLOWED IN B-1, HE WOULD HAVE NO OBJECTION TO ,THE B-1 ZONING, BUT CONTINUED THAT C-lA WOULD PROVIDE THEM WITH MORE FLEXIBILITY AND HE WOULD RATHER HAVE IT WITH THE UNDERSTANDING THAT THEY WOULD ENLIST THE HELP OF MR. BRENNAN AND MR. BERG IN THE SITE PLANS I1;l:mll:kvl4Klm DISCUSSION CONTINUED IN REGARD TO SETBACKS REQUIRED, AND COMMISSIONER WODTKE NOTED THAT C -1A ONLY REQUIRES A 10' SETBACK AND WE WILL NEED 55' FOR THE ROAD, MR. FALB POINTED OUT THAT INCLUDING THEIR PARKING LOT, THEY ARE SET BACK 95'. CHAIRMAN SIEBERT AGREED THAT PARKING LOTS, LANDSCAPING AND SIGNS CAN BE INCLUDED IN SETBACK AREAS. ATTORNEY COLLINS ASKED IF THE NECESSARY RIGHT-OF-WAY WOULD INTERFER WITH THEIR PRESENT PLANS, AND MR. FALB STATED THAT IT WOULD NOT. 33 OCT 2 01976 s 7 `Q�� .13 CHAIRMAN SIEBERT ASKED IF ANYONE IN THE AUDIENCE WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, TO ADOPT ORDINANCE x'76-17 APPROVING THE ZONING CHANGE FROM R -Z TO C -IA AS REQUESTED BY ATTORNEY JACKSON, AND INSTRUCT THAT A COPY OF THE SKETCH PRESENTED BE DATED AND PLACED ON FILE WITH THE PLANNING DEPARTMENT. COMMISSIONER LOY ASKED THE APPLICANTS WHETHER THEY INTENDED TO COME BACK TO REQUEST B-1 ZONING IF MEDICAL CLINICS ARE MOVED INTO THE B-1 ZONING. MR. FALB STATED THAT C -IA WOULD GIVE THEM A LITTLE MORE FLEXIBILITY IN DEVELOPING THE OTHER ACREAGE FOR WHICH THEY DO NOT HAVE A PLAN AT THIS TIME. COMMISSIONER WODTKE ASKED IF THE AREA WE ARE REZONING TODAY IS JUST THE AREA THEY ARE DEVELOPING, AND MR. FALB ANSWERED THAT THE AREA TO BE REZONED IS THE ENTIRE 20 ACRES, THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. 34 W. not _ 7 �'� := 214 OCT 2o 1976 ORDINANCE NO. 76-17 WHEREAS, the Zoning Commission .of Indian River County, Flor- ida, did, after public hearing, make its final report recommend- ing changes and additions to the Zoning Ordinance of Indian River County, Florida; and WHEREAS, this Board did publish its notice of said recommend- ed changes and additions and did, pursuant thereto, hold a public hearing in relation thereto at which parties in interest and citi- zens were heard: Now, therefore, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the follow- ing property owned*by Robert Jackson, George Sidney Stinson, Jack L. Stinson, and James D. Stinson, situated in Indian River County, Florida, to -wit: The North 1/2 of the NE 1/4 of the NE 1/4 of Section 35, Township 32 -South, Range 39 -East, Indian River County, Florida. Be changed from R-2 Multiple.Family District, to C -1A Restricted Commercial District. All within the meaning and intent and as set forth and de- scribed in said Zoning Regulation. This Ordinance shall take effect on the 25th day of October, 1976. • 7— CHAIRMAN SIEBERT DISCUSSED WITH THE BOARD INCLUDING MEDICAL CLINICS IN B-1 DISTRICTS AS AN ACCEPTED USE OR UNDER C -1A WITH SITE PLAN APPROVAL, AND INSTRUCTED COUNTY PLANNER BRENNAN TO TAKE THIS MATTER UP WITH THE ZONING COMMISSION, THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE "DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: ----VERO BEACH PRESS -JOURNAL i NOTICE Published Weekly NOTICE IS HEREBY GIVEN that the Zoning Commission of Indian River County, Florida, has tentatively approved the following Vero Beach, Indian River County, Florida Changes and additions to the Zoning Ordinance ° of Indian River County, Florida, which changes and additions are substantially as follows: COUNTY OF INDIAN RIVER: %. That the Zoning Map be changed In order that the following described property STATE OF FLORIDA situated in Indian River County, Florida, to. Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper wit: Commencing at a point on the West boundary published at Vero -Beach in Indian River County, Florida; that the attached copy of advertisement, being line of right of way of Old Dixie Highway, where such West boundary line h intersected by the North boundary line of a 50 foot road right of way of the public - Q a ` extending West said 1Dixie Highway towards airporroad t, swhich 50 foot right of way Is described in deed from - / in the matter of 41e ) �a enG �" Louis Harris and Emma Harris, his wife, to Indian River County, Florida, records, • /� �`1 , _e ` 1 and from said commencing point run West on the North boundary line of said 50 foot per{.' ,-bs :�61 ! road right of way, a distance of 285 feet for point of beginning, thence run North 150 feet, thence West 70 feet, thence South to in the Court; was pub- North boundary line of said 50 foot road right of way, thence East an the North boundary line of said 50 foot road right of r• Iished in said newspaper in the issues of _ ,/E2 z 9 7 way, to the point of beginning, which said property is located in the NW Vs of SW +/z of Section 12, Township 33 -South, Range 39. East, Indian River County, Florida. Be changed from R-1 Single Family District, to R-2 Multiple Family District. A public hearing in relation thereto at which Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at parties in interest and citizens shall have an Vero Beach, In said Indian River County, and that the said newspaper has heretofore opportunity to be heard, will be held by said been continuously published in said Indian River County, Florida, weekly and has been entered Zoning Commission in the County Commission • as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached Room, Indian River County Courthouse, Vero 7 Beach, Florida, Thursday, October 7, 1976, at ; copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or 7:30 P.M., after which a public hearing in relation thereto at which parties in interest and corporation any discount, rebate, commission or refund for the purpose of securing this adver. tisement for publication in the said newspaper. citizens shall have an opportunity to be heard, ' will be held by the Board of County Com- missioners of Indian River County, Florida, in Sworn to and subscribed before me this �3, da f A.D. the County Commission Room, Indian River County Courthouse, Vero Beach, Floritla, on Wednesday, October 20, 1976, at 2:00 P.M. Board of County Commissioners Indian River County (Business nager) By: Willard W. Siebert Jr. Chairman / Indian River County ! Zdning Commission ((flerl of the Clo6ult Court, Indian River County, Florida) BY: Ralph Sexton, Chairman (SEAL) Sept. 12, 1976. ASSISTANT PLANNER, BOB BERG, INFORMED THE BOARD THAT THE SUBJECT PROPERTY IS ON 10TH PLACE OFF OF DIXIE HIGHWAY SOUTH OF 12TH STREET, IT IS LOCATED NEXT TO B-1 PROPERTY AND ACROSS THE STREET FROM C-lA. HE NOTED THAT THE COMPREHENSIVE LAND USE PLAN PROJECTS COMMERCIAL ,ZONING IN THIS AREA. AT THE PRESENT TIME THERE ARE RESIDENTIAL USES 36 6 eo -27,x•:1.16 THROUGHOUT THE ENTIRE NEIGHBORHOOD. MR. BERG STATED THAT HE FEELS THIS AREA IS IN A STAGE OF BEING CHANGED, AND THE PLANNING DEPARTMENT WOULD RECOMMEND THAT IT BE REZONED TO CONFORM WITH THE COMPREHENSIVE PLAN, BUT THE ZONING BOARD PREFERS JUST TO CONSIDER THIS ONE PIECE AND RECOMMENDS THE CHANGE TO R-2 WHICH DOES PERMIT A CHILD CARE NURSERY SUCH AS IS ALREADY THERE, THE CHAIRMAN ASKED IF ANYONE IN THE AUDIENCE WISHED TO BE HEARD. THERE WERE NONE, ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE #76-18 APPROVING THE ZONING CHANGE FROM R-1 TO R-2 AS REQUESTED BY .JUDY FAE COOPER. 37 OCT 20 1970 OCT 2 01976 ORDINANCE NO. 76-18 WHEREAS, the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommend- ing changes and additions to the Zoning Ordinance of Indian River County, Florida; and WHEREAS, this Board did publish its notice of said recommend- ed changes and additions and did, pursuant thereto, hold a public hearing in relation thereto at which parties in interest and citi- zens were heard: Now, therefore, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows• 1. That the Zoning Map.be changed in order that the follow- ),ing property owned by Judy Fae Cooper, situated in Indian River County, Florida, to -wit: Commencing at a point on the West boundary line of right of way of Old Dixie Highway, where such West boundary line is intersected by the North boundary line of a 50 foot road right of way of the public road extending West from said Old Dixie Highway towards airport, which 50 foot right of way is described in deed from Louis Harris and Emma Harris, his wife, to Indian River County, Florida records, and from said commencing point run West on the North boundary line of said 50 foot road right of way, a distance of 285 feet for point of beginning, thence run North 150 feet, thence West 70 feet, thence South to North boundary line of said 50 foot road right of way, thence East on the north boundary line of said°50 foot road right of way, to the point of beginning, which said property is located in the NW 1/4 of SW 1/4 of Section 12, Township 33 - South, Range 39 -East, Indian River County, Florida. Be changed from R-1 Single Family District, to R-2 Multiple Family District. All within the meaning and intent and as set forth and de- scribed in said Zoning Regulation. This Ordinance shall take effect on the 25th day of October, 1976. B 2-7;6!,- 118 THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT; VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published at Vero BeachinIndian River County, Florida; that the attached copy of advertisement, being e , in the matter of %L/. Ie l 16 �� Q in the Court, was pub- lished in said newspaper in the issues of 6„g �� a, /9 -7 �v Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached Copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. _ Swam to and subscribed before me this %1_L da of A.D._! 19176, LJ' (Rusin anger) (Cie (SEAQ , the CKlcuit Court, Indian River County, Florida) NOTICE NOTICE IS HEREBY GIVEN that the Zoning Commission of Indian River County, Florida, has tentatively approved the following changes and additions to the Zoning Ordinance Of Indian River County, Florida, which changes and additions are substantially as follows: %. That the Zoning Map be changed in Order that the following described property situated in Indian River County, Florida, to. wit: The West 10 Acres of East 20 Acres of Tract 6, AND The East 10 Acres of Tract 6, in Section 30, Township 32 -South, Range 39 East, according to the last general plat Of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida. Be changed from A -Agricultural District, , tO R-1 Single Family District. Public hearing In relation at Parties InInterest andcitiz ns shall which have an . opportunity to be heard, will be held by said; Zoning Commission in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, October 7, 1976, at 7:30 P.M., after which a public hearing in relation thereto at which parties in interest and citizen shall have an opportunity to be heard,' will be held by the Board of County tom. missioners of Indian River County, Florida, In the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, On: Wednesday, October 20, 1976, at 2:00 P.M. Board of County Commissioners i Indian River County •By: Willard W. Siebert Jr. Chairman Indian River County Zoning Commission BY: Ralph Sexton, Chairman Sept. 12, 1976.. 7 r ASSISTANT PLANNER BERG, INFORMED THE BOARD THAT THE SUBJECT PROPERTY IS ON THE NORTH SIDE OF SOUTH GIFFORD ROAD AND A PORTION OF THE PROPERTY IS USED UP IN LAND MINING OPERATION, ABOUT 1/3 BEING IN LAKE AREA NOW. THE APPLICANT WANTS TO DIVIDE THE PROPERTY UP INTO ONE ACRE LOTS AND BU I LD HOMES ON THEM. MR. BERG STATED THAT THE AREA IS SHOWN CN THE COMPREHENSIVE PLAN AS BEING PRIMARY CITRUS AND NOTED IT SHOULD BE KEPT THAT WAY, BUT DUE TO THE LAND MINING THAT HAS BEEN DONE ON THIS PROPERTY, IT WOULD BE ECONOMICALLY UNFEASIBLE TO FILL THE PROPERTY AND DEVELOP IT BACK INTO CITRUS. HE STATED THAT ONE ACRE LOTS WOULD NOT BE IN CONFLICT WITH THE MASTER PLAN, BUT THE PLANNING DEPARTMENT FEELS THAT W 0 OCT -2 0 191 - soot 27' PA13! 119. R-lE WOULD BE MORE IN KEEPING WITH THE COMPREHENSIVE LAND USE PLAN AND WOULD ALSO ASSURE THAT THE EVENTUAL USE OF THIS PROPERTY WOULD BE KEPT IN ONE ACRE LOTS, MR. BERG POINTED OUT THE DANGER OF THE R-1 ZONING REQUESTED IS THAT WITH THIS ZONING EACH OF THE ONE ACRE LOTS COULD BE DIVIDED INTO TWO, HE NOTED THAT THE REASON MR. CARLSWARD DOES NOT WISH R -IE IS THE REQUIREMENT FOR 1,600 SQ. FT. IN A HOUSE, CHAIRMAN SIEBERT ASKED WHAT IS WRONG WITH 1/2 ACRE LOTS, MR. BERG STATED THIS WOULD BE CONSIDERED URBAN DEVELOPMENT IN A PRIMARY CITRUS AREA, HE POINTED OUT, HOWEVER, THAT THE ZONING COMMISSION HAS APPROVED THE REQUEST TO REZONE TO R-1 AND BELIEVES MR. CARLSWARD WILL DEVELOP THIS PROPERTY AS HE HAS STATED. COMMISSIONER WODTKE NOTED THAT THE MINING OPERATION THAT HAS TAKEN PLACE.HERE MAKES THE PROPERTY UNIQUE. THE CHAIRMAN ASKED IF ANYONE IN THE AUDIENCE WISHED TO BE HEARD. ALVIN CARLSWARD, OWNER OF THIS PROPERTY, APPEARED AND STATED THE REASON HE DOESN'T WANT R -IE ZONING IS BECAUSE OF THE REQUIREMENT FOR 1,600 SQ. FT. INA RESIDENCE, WHICH IS QUITE A LARGE HOUSE. CHAIRMAN SIEBERT ASKED IF IT IS MR. CARLSWARD'S INTENTION TO DIVIDE THE PROPERTY INTO LOTS OF LESS THAN ONE ACRE, AND HE REPLIED THAT WAS NOT HIS INTENTION. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. INTERGOVERNMENTAL COORDINATOR THOMASIINFORMED THE BOARD THAT HE HAS BEEN MAKING A REPORT FOR THE DEPARTMENT OF ENVIRONMENTAL REGULATION IN REGARD TO THE REHABILITATION OF THESE -MINING PITS, AND MR. CARLSWARD'S PLAN IS IN ACCORD WITH STATE LEVEL THINKING, MR. CARLSWARD NOTED THAT HE IS IN THE PROCESS OF FIXING UP THE EDGE OF THE POND AND SLOPING IT. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE #76-19 APPROVING THE CHANGE FROM AGRICULTURAL DISTRICT TO R-1 AS REQUESTED BY ALVIN CARLSWARD. 40 0 ORDINANCE N0. WHEREAS, the Zoning Commission of Indian River County, Flor- ida, did, after public hearing, make its final report recommend- ing changes and additions to the Zoning Ordinance of Indian River County, Florida; and WHEREAS, this Board did publish its notice of said recommend- ed changes and additions and did, pursuant thereto, hold a public hearing in relation thereto at which parties in interest and citi- zens were heard: Now, therefore, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida,.and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the follow- ing property owned by Alvin H. and Lula Carlsward, situated in Indian River County, Florida, to -wit: The West 10 Acres of East 20 Acres of Tract 6, AND The East 10 Acres of Tract 6, in Section 30, Township 32 - South, Range 39 -East according to the last general plat of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida. Be changed from A -Agricultural District, to R-1 Single Family District All within the meaning and intent and as set forth and de- scribed in said Zoning Regulation. This Ordinance shall take effect on the 25th day of October, 1976. e OCT 2 01976 se 271, THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT; VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being i a U fG�'a In the matter of in the Court, was pub- Iished in said newspaper in the issues of aZ %� 1926 i Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office In Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before methis f A.D. (Business Manager) Cle c of thercuit Court, (SEAL) Indian River County, Florida) OCT 2 01976 NOTICE NOTICE IS HEREBY GIVEN that the Zoning Commission of Indian River County, Florida, has tentatively approved the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which ' changes and additions are substantially as follows: W. That the Zoning Map be changed In order that the following described property situated in Indian River County, Florida, to - wit: Beginning at a point which is 50 feet East of a point 104.5 feet South of the center of Section 13, Township 33 -South, Range 39 - East; thence run East to the Old Dixie Highway; thence run Southerly along the said Dixie Highway 104.5 feet; thence run West to a point which is 104.5 feet directly South of the Point of Beginning; thence run North to the Point of Beginning. Be changed from R-1 Single -Family. District, to R-28 Multiple Family District. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Zoning Commission in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, October 7, 1976, at 7:30 P.M. after which a public hearing in relation thereto at which parties in Interest and citizens shall have an opportunity to be heard, will be held by the Board of County Com- missioners of Indian River County, Florida, In the County Commission Room„ Indian River County Courthouse, Vero Beach, Florida, on Wednesday, October 20, 1976, at 2:00 P.M. Board of County Commissioners Indian River County By: Willard W. Siebert Jr. Chairman Indian River County Zoning Commission By: Ralph Sexton, Chairman Sept. 12, 1976. ASSISTANT PLANNER BERG INFORMED THE BOARD THAT THIS PROPERTY IS LOCATED ON THE WEST SIDE OF DIXIE HIGHWAY SOUTH OF CITRUS ROAD 4TH STREET), AND IS ZONED R -I. HE NOTED THAT THE NEIGHBORHOOD IS RESIDENTIAL IN CHARACTER, BUT THERE IS COMMERCIAL USE ON THE OTHER SIDE OF OLD DIXI.E. MR. BERG STATED THAT THE PLANNING DEPARTMENT RECOMMENDS DENIAL OF THIS REQUEST BECAUSE IT IS NOT IN CONFORMITY WITH THE COMPREHENSIVE LAND USE PLAN. VAL BRENNAN, COUNTY PLANNER, STATED THE ZONING COMMISSION ALSO RECOMMENDS DENIAL OF THIS REQUEST, CHAIRMAN SIEBERT ASKED IF THE APPLICANTS WERE IN THE AUDIENCE. THEY WERE NOT. 42 0 9� t 2i, ui .122. CHAIRMAN SIEBERT ASKED IF ANYONE IN THE AUDIENCE WISHED TO BE HEARD. -THERE WERE NONE. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY DENIED THE REQUEST OF MAURICE $NYDER AND .JEFFREY FURST FOR A ZONING CHANGE FROM R-1 TO R -2B, THE HOUR OF 3:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT; VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the matter of 1 r fes_ 1 a rh In the Court was pub- lished In said newspaper in the Issues of (Lt -3 Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, In said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before. me this day of Me,-, A.D. (Business Manager) (Cler c of the Ci uit (SEAL) Court, Indian River Counly, Florida) - u OCT 1976_ R�C�y w 8001D , ® Z C0414f/SS1Qt' NOTICE OF PUBLIC NEARING All interested parties are hereby notified that the Board of County Commissioners of Indian River County will hold a public hearing on October 20, 1976, at 3:00 p.m. to consider the request of Indian River Cablevision, Inc., for approval of a rate Increase as follows: 1) Residential -Commercial single outlet monthly service charge from 56.06 per month to $6.50 per month. 2) Residential each additional outlet from $1.3S per month to s1.45 per month. 3) -Commercial each additional outlet from 52.20 per month to $2.30 per month. 4) Connection charges will remain un - Changed: Residential connections at $19.95 and commercial connections at s25.00. Dated this 30th day of September, 1976. Board of County Commissioners Indian River County Florida By: Willard W. Siebert, Chairman Oct. 3, 1976. RALPH HAIMOWITZ, OWNER OF INDIAN RIVER CABLEVISION, INC. , APPEARED AND MADE A PRESENTATION. HE INFORMED THE BOARD THAT INDIAN RIVER CABLEVISION HAS WITHHELD FROM ASKING FOR ANY RATE INCREASE FOR'THE LAST FEW YEARS, BUT OVER THESE YEARS THEY HAVE HAD PRICE INCREASES ON EVERY - 43 QCT 2 01976 e .: 123 THING, SUCH AS GAS, OIL, BUSINESS TELEPHONE, ELECTRICAL SERVICE, CABLE AND CONNECTOR COSTS, ETC, WHICH INCREASES HAVE RANGED FROM H% TO 123%. HE NOTED THAT HE AVERAGED THESE INCREASES OUT, AND IT CAME TO AN AVERAGE OF 34%, AND OBVIOUSLY YOU CANNOT CHARGE YOUR CUSTOMERS THE SAME AMOUNT AND REMAIN IN BUSINESS WITH INCREASES LIKE THESE. MR. HAIMOWITZ SUB- MITTED TO THE BOARD A FINANCIAL STATEMENT FOR THE YEAR 1975 AND NOTED THAT IT WAS THE FIRST TIME THEY EVER SHOWED ANY KIND OF PROFIT, AND THIS PROFIT WENT TOWARDS THEIR ACCUMULATED DEBT FROM THE FIRST YEARS. HE NOTED THAT TO SHOW THIS PROFIT THEY HAD TO CURTAIL ANY EXPANSION TO NEW AREAS. FIR. HAIMOWITZ CONTINUED THAT NEXT YEAR THEY PROPOSE TO MAKE EXPANSIONS ACCORDING TO THEIR FRANCHISE REQUIREMENTS IN GIFFORD, SEBASTIAN, MICCO, ETC. HE INFORMED THE BOARD THAT THEY MUST VERY SHORTLY OVERHAUL THEIR ANTENNAS WHICH WILL HAVE TO BE DONE SLOWLY OVER A SIX-MONTH PERIOD AS THE ONLY OTHER ALTERNATIVE WOULD BE TO BRING IN A CREW TO STRIP THE ANTENNAS AND CUT SERVICE ENTIRELY FOR A WEEK AND A HALF; MR. HAIMOWITZ STATED HE FEELS THE REQUESTED INCREASE IS NOT OUT OF LINE AND IS, IN FACT, A VERY MODEST REQUEST, ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAD TOLD MR. HAIMOWITZ THAT HIS CUSTOMERS MUST BE NOTIFIED OF THE REQUESTED INCREASE, BUT HAD AGREED TO DO THIS BY CERTIFIED MAIL WOULD BE TOO EXPENSIVE. HE ASKED MR. HAIMOWITZ TO SUPPLY SOME CERTIFICATION THAT ALL HIS CUSTOMERS HAVE BEEN CONTACTED, MR. HAIMOWITZ STATED. THAT HE HAD A PRE-PRINTED NOTICE MAILED OUT OVER THE LAST TWO AND A HALF WEEKS, WITH THE LAST ONES BEING SENT OUT THIS MONDAY, THE MAJORITY WERE SENT OUT SOONER. ATTORNEY COLLINS STATED THAT THIS COMPLIED WITH THE INTENT OF HIS SUGGESTION AND ASKED THAT THE PRINTED NOTICE BE MADE A PART OF THE MINUTES AS FOLLOWS: 44 a a 27 124 IS Dear Customer: The Indian River County Board of Commissioners has required Indian River Cablevision, Inc. to provide you with the following inform- ation regarding notice of public hearing: NOTICE OF PUBLIC NEARING All interested parties are hereby notified that the Board of County Commissioners of Indian River County will hold a public hearing on Oct. 20, 1976 at 3:00 p.m. to consider the request of LuNan River Cablerision. Inc. for approval of a rate increase as follows: 1. Residential/Commercial single outlet monthly service charge from $6.06 per month to $6.50 per month. 2. Residential each additional outlet frau $1.35 per month to $1.45 per month 3. Commercial each additional outlet from $2.20 per month to $2.30 per month 4. Connection charges will remain unchanged: Residential connections at $19.95 per month and commercial connections at $25.00. Dated this 30th day of September 1976. Board of County Commissioners, Indian River County, Florida. By: Willard W. Siebert, Chairman October 3, 1976. COMMISSIONER WODTKE ASKED IF THEY PRESENTLY SERVE AREAS OUTSIDE THE COUNTY. MR. HAIMOWITZ STATED THAT THEY SERVE MICCO AND HAVE RECEIVED APPROVAL OF THEIR RATE INCREASE FROM BREVARD COUNTY AND ALSO FROM THE CITY OF SEBASTIAN. CHAIRMAN SIEBERT NOTED THAT HE HAD RECEIVED A COMPLAINT THAT INDIAN RIVER CABLEVISION COULD ONLY BE REACHED BY PHONING LONG DISTANCE. MR. HAIMOWITZ REPLIED THAT THE COMPANY AND THEIR TECHNICIAN HAVE A 589 NUMBER WHICH IS NOT LONG DISTANCE. COMMISSIONER SCHMUCKER-NOTED THAT THEY ARE PROPOSING TO EXPAND AND STATED IT WOULD SEEM THE MORE PEOPLE YOU ADD, THE CHEAPER SERVICE YOU SHOULD BE ABLE TO GIVE. MR. HAIMOWITZ ANSWERED THAT THE AREAS THEY PLAN TO EXPAND TO HAVE A VERY LOW DENSITY - THE NATIONAL AVERAGE`IS 40 RESIDENCES PER MILE AND THEY WOULD HAVE THAT IN JUST A FEW PLACES. HE NOTED THEY ONLY ASKED FOR A 7% INCREASE BECAUSE OF THEIR GROWTH POTENTIAL AND FURTHER NOTED THAT THE PROPOSED INCREASE WILL STILL NOT BRING THEM UP TO THE CHARGES MADE BY THE TWO CABLEVISION SYSTEMS LOCATED ON EITHER SIDE OF THEM, WHICH HAVE A TREMENDOUSLY GREATER VOLUME. CHAIRMAN SIEBERT INQUIRED ABOUT THE MODEST INCREASE IN COMMERCIAL RATES AS OPPOSED TO RESIDENTIAL. MR. HAIMOWITZ STATED THAT THEY HAVE ONLY 23 COMMERCIAL CUSTOMERS :AND THEIR BASE PRICE IS SUBSTANTIALLY MORE. COMMISSIONER WODTKE INQUIRED ABOUT THEIR PLANS FOR 1977 IN REGARD TO IMPROVING THE SYSTEM AND UPDATING PRESENT EQUIPMENT. 45 OCT 2®1976 125 BQOr - � 1 A; : e MR. HAIMOWITZ STATED THAT THEY HAVE ALREADY RECEIVED A POWER WINCH TO ENABLE THEM TO OVERHAUL THEIR ANTENNAS, HE WENT ON TO DISCUSS RECEPTION AND NOTED THAT NOW THAT THE COLLAPSED TOWER IN ORLANDO HAS BEEN REBUILT, THEY WILL HAVE TO RELOCATE THEIR ANTENNAS ONCE AGAIN. HE STATED THAT SOME CHANNELS ARE SO FAR AWAY THAT THEY WILL NEVER GET GOOD RECEPTION, I.E., TAMPA AND ORMOND BEACH, AND POINTED OUT THAT THEY HAVE AN OPTION TO DROP THEM OR CARRY THEM, BUT FELT THEY WOULD RECEIVE MORE COMPLAINTS IF THEY DID DROP THESE TWO CHANNELS. ATTORNEY COLLINS NOTED THAT INDIAN RIVER COUNTY AT PRESENT ISSUES INDIAN RIVER CABLEVISION A LICENSE TO OPERATE, NOT A FRANCHISE. COMMISSIONER WODTKE ASKED MR. HAIMOWITZ TO RECAP HIS PROFIT AND LOSS SHEETS FOR THE LAST FOUR YEARS, MR. HAIMOWITZ STATED THAT IN 1973 AND 1974 THEY SUSTAINED A LOSS, BUT IN 1975 BY CURTAILING THE MAJORITY OF THEIR CONSTRUCTION EFFORT, THEY MANAGED TO SHOW A $33,000 PROFIT. THEY DID THIS IN ORDER TO ATTRACT INVESTORS. HE NOTED THAT THEY HAVE A RETAINED DEFICIT OF $64,000. HE ESTIMATED HIS NET INCOME FOR 1976 AT APPROXIMATELY $25,000, CHAIRMAN SIEBERT ASKED IF ANYONE IN THE AUDIENCE WISHED TO BE HEARD. .JOE GRACE OF BREEZY VILLAGE APPEARED AND STATED HE DID NOT OBJECT TO THE RATE INCREASE, BUT DID OBJECT TO THE WAY THEY WERE GOING ABOUT IT. HE DID NOT FEEL HE HAD BEEN PROPERLY NOTIFIED OF WHERE THE MEETING WOULD BE HELD IN REGARD TO THIS INCREASE, ATTORNEY COLLINS INFORMED THE BOARD THAT SOMEONE HAD CALLED AND SAID THAT THEY HAD ALREADY BEEN BILLED AT THE INCREASED RATE, MR. HAIMOWITZ INFORMED THE BOARD THAT THEY BILL BI -MONTHLY (EVERY OTHER MONTH) AND HAD BILLED ON THE ASSUMPTION THE RATE INCREASE WOULD BE GRANTED, BUT IF IT IS NOT, THE INCREASE WILL BE REFUNDED. COMMISSIONER LOY ASKED WHEN THEY RECEIVED THE APPROVAL OF A RATE INCREASE IN SEBASTIAN, AND MR. HAIMOWITZ SAID THEY RECEIVED IT OCTOBER 1ST AND HE WOULD LIKE VERY MUCH TO COORDINATE THESE RATES AS'HE DID NOT FEEL IT WOULD BE RIGHT TO INCREASE IT FOR ONE AREA AND NOT ANOTHER, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. 46 CT 2 0 1976 A OCT 20 197p MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, TO ADOPT RESOLUTION N0. 76-77 APPROVING THE REPUESTED RATE INCREASE FOR INDIAN RIVER CABLEVISION, INC., THE EFFECTIVE DATE TO BE NOVEMBER 1ST, 1976. COMMISSIONER $CHMUCKER STATED HE WOULD VOTE AGAINST THE MOTION AS THEY DID SHOW A PROFIT LAST YEAR AND NOTED YOU HAVE TO SPEND MONEY TO MAKE MONEY, COMMISSIONER WODTKE STATED HE WAS IN FAVOR OF THE INCREASE BECAUSE THEY HAVE BEEN EXPANDING AND MADE ADVANCEMENTS SINCE THE LAST INCREASE, BUT SAID HE WILL LOOK VERY CLOSELY AT THE ITEMS THEY SAY THEY ARE GOING TO DO WITH THE 7% -INCREASE - EXPANSION, OVERHAUL OF ANTENNAS, BETTER SIGNALS- WHEN THEY COME BACK THE NEXT TIME. THE CHAIRMAN CALLED FOR THE QUESTION. COMMISSIONER Loy, WODTKE AND CHAIRMAN SIEBERT VOTED IN FAVOR. COMMISSIONER SCHMUCKER VOTED IN OPPOSITION. THE MOTION TO ADOPT RESOLUTION #.'76-77 CARRIED. 47 �i �Q 27 #A X27 RESOLUTION NO. 76-77 WHEREAS, Indian River Cablevision, Inc. has petitioned this Board for a rate increase; and WHEREAS, this Board did hold a public hearing on said increase; and WHEREAS, the Petitioner did submit evidence showing an economic need for said increase; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Indian River Cablevision, Inc. is authorized the following rate increase, effective November 1, 1976. 1. Residential -Commercial single outlet monthly service charge from $6.06 to $6.50 per month. 2. Residential each additional outlet from $1.35 to $1.45 per month. 3. Commercial each additional outlet from $2.20 to $2.30 per month. 4. Connection charges will remain unchanged: Residential connections at $19.95 and commercial connections at $25.00. This Resolution shall become effective as of the 20th day of October , 1976. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER C UNTY, F R?DA By- 4- '/J r Willard W. Siebert, Jr., Com' an an �_91101' _ .r..� 1 0 OCT 2 01976 scot THE HOUR OF 3:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: --_ t VERO BEACH PRESS -JOURNAL �N� 576 g Published Weekly OCT 1976 Vero Beach, Indian River County, Florida o; �CCliVED "' s N N 04ARJ Cvi:HTY Cr COUNTY Of INDIAN RIVER: STATE Of FLORIDA r\ Before the undersigned authority personally appeared A. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, bei r in the matter of r in the Court, was pub - said Ushed in newspaper in the issues of ell O _'L Affiant further says that the said Vero Beach Press -Journal is a newspaper published at c1/sao Beach, in said Indian River County, and that the said newspaper has heretofore 1 boon continuously published in said Indian River County, Florida, weekly and has been entered _ ai second class mail matter at the post office in Vero Beach, in said Indian River County, Florida ,:far a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or i r ; 'tcrporation any discount, rebatf, commission or refund for the purpose of securing this adver- tisernent for publication in the said newspaper. ' 1 Srn wyoto and subscribed before e'this day of y ' L �' A.D. r. '�•' ` ��i.W�j ivYCi • y:K(Sus ep Manager) z a ;t a (Cte of the Circuit Court, Indian River County, Florida) {[[�` GEAU - •s- - NOTICE OF PUBLIC HEARING IN RE: Application For Seweragevranchise To Whom It May Concern: - • I_ _ You are hereby notified that Tropic Groves Development Corporation, a Florida Corporation, --- --- - - --- ---_"' will apply to the Board of county Commissioners of Indian River County on October 20. 1976, at the hour of 3:00 p.m., in the County Commissioners Room in the Indian River County Courthouse, at Vero•Beach. Florida, for a sewerage franchise coveripg the following described property to be !, -. - embraced by said franchise, to wit: 1 All that land lying in the County of Indian River, Florida, described as: , - 1 Lot 10 and the west cne-half of Lot 9, Vero Land Company's Subdivision, as recorded in Plat I Book 3, Page 19, St. Lucie County Records, said land now lying and being in IndianRiver County, Florida. - The proposed rates end,hookup Charges areas follows, to wit: j' RESIDENTIAL UNITS 1 Monthly Sew#r Service Charges] ..` One dwelling unit, Including one kitchen and one bathroom Y 8.87 Additional bathrooms, each 4_00 Sewer hookup and connection charge _ _ 500.00 ' this shall be a pubic sewerage system and shall continue in effect until such time as it maybe merged and taken Into a sewerage system operated by a governmental agency and -or authority. Dated this 28th day of September, 1976. Board of County Commissioners Indian River County Florida s it wlllard W. Siebert, Chairman Oce3. 1976. ATTORNEY COLLINS INFORMED THOSE PRESENT THAT HE\HAD BEEN INVOLVED WITH THE ORIGINAL DEVELOPMENT OF TROPIC GROVES AND HAD FILED A CONFLICT OF INTEREST WITH THE BOARD OF COUNTY COMMISSIONERS, AS FOLLOWS: BOARD OF COUNTY COMMISSIONERS ! j; j 1 r r \ 1 ' l�I t f ` 6 !'� •i r r A,+ jl,�$� Tj' • ii I rrt T r P.O. BOX 1028 VERO BEACH @ FLORIDA 32960 October 14, 1976 MEMO TO: COUNTY COMMISSIONERS FROM; CAORGE G. COLLINS, JR., Attorney to the Board RE: TROPIC GROVES FRANCHISE Please be advised that.our Law Firm represents Harry Day and Tropic Groves Development Corporation, and that I, personally have been involved in the original Development of the Condominium presently located on part of the franchise property. I, therefore, declare a conflict in this particular matter. Since --"y,- GGC,Jr/ph GEORGE G. COLLINS, JR. DEAN LEUTHJE, ENGINEER OF BEINDORF & ASSOCIATES, APPEARED WITH L.C. GRAMMER AND J.E. CRIDER, OWNERS OF TROPIC GROVE DEVELOPMENT CORP- ORATION, REQUESTING THE TRANSFER OF TWO EXISTING SEWER FRANCHISES IN THE AREA TO TROPIC GROVES DEVELOPMENT CORP. MR. LEUTHJE PRESENTED A SKETCH OF THE PROPERTY, WHICH IS LOCATED ON 6TH AVENUE SOUTH*OF 12TH STREET. THE TWO EXISTING FRANCHISES ARE THOSE OF MID -FLORIDA UTILITIES CO. AND' RATHBUN AND WILLIAMS, INC., WHICH REPRESENT AN AREA OF ABOUT 15 ACRES. 50 OCT 2 0191 ls+,ik Boot 27- 130 MR. LEUTHJE CONTINUED THAT THERE ARE 32 EXISTING UNITS WITHIN THE CONDO- MINIUM AREA, AND THE OWNERS OF THESE HAVE BEEN NOTIFIED AS WELL AS ADJACENT PROPERTY OWNERS WITHIN 300 FEET, HE THEN PRESENTED TO THE BOARD A PREPARED RESOLUTION AND NOTED THAT IT IS A STANDARD SEWER FRANCHISE REQUEST. COMMISSIONER WODTKE INnUIRED WHETHER THEY WERE ASKING FOR A TRANSFER OF THE TWO EXISTING FRANCHISES OR FOR A NEW FRANCHISE. MR. LEUTHJE EXPLAINED THAT THEY ARE ASKING FOR A TRANSFER, BUT IT IS A NEW FRANCHISE, AND THEY HAVE AGREEMENTS FROM THE FRANCHISEES CONCERNED AGREEING TO RELEASE THE FRANCHISES TO THEM, IT WAS NOTED THAT THE PLANT ON RATHBUN AND WILLIAMS 10 ACRES IS IN OPERATION, AND COMMISSIONER WODTKE ASKED IF THIS PLANT IS SUFFICIENT TO TAKE CARE OF THE ADDITIONAL FIVE ACRES. MR. LEUTHJE STATED THAT IT IS NOT AND WILL HAVE TO BE ENLARGED. COMMISSIONER WODTKE NOTED THAT HE IS CONCERNED THAT THE PEOPLE ALREADY LIVING THERE WILL HAVE TO PAY FOR THE COST OF EXPANSION TO ANOTHER AREA. MR. LEUTHJE INFORMED THE BOARD THAT TROPIC GROVES HAS NO DEFINITE PLANS FOR DEVELOPMENT OF THAT AREA AT THIS TIME, AND ALL THEY WOULD BE SERVING ARE THE EXISTING CONDOMINIUMS. HE NOTED THAT MID -FLORIDA UTILITIES IS PRESENTLY SERVING THIS AREA AND HAS COMMITTED TO SERVE THE ENTIRE 15 ACRES WITH WATER. COMMISSIONER LOY ASKED 'TF THE RATES OUTLINED IN THE PROPOSED FRANCHISE ARE THE SAME AS THOSE BEING CHARGED NOW, MR.-LEUTHJE STATED THAT THEY ARE NOT. THE MONTHLY CHARGE NOW IS $4.75. HE NOTED THERE NEVER WAS A RATE SCHEDULE SET UP IN THE RATHBUN AND WILLIAMS FRANCHISE NOR IN MID -FLORIDA'S. COMMISSIONER LOY ASKED THAT MR. LEUTHJE OUTLINE ANY PLACE IN THE PROPOSED FRANCHISE THAT IS DIFFERENT FROM THE RATHBUN AND WILLIAMS:• FRANCHISE. MR. LEUTHJE NOTED THAT RATHBUN & WILLIAMS WAS ACTUALLY ONLY AN ACCEPTANCE OF AN ORIGINAL FRANCHISE WHILE THEIRS IS A COMPLETE NEW FRANCHISE, DISCUSSION AROSE AS TO WHETHER THIS IS ACTUALLY A TRANSFER OR A NEW FRANCHISE. 51 OCT z 01976 Bay 27 X31 h ATTORNEY COLLINS STATED THAT IT IS ISSUANCE OF A NEW FRANCHISE ON AN AREA THAT IS VOIDED. CHAIRMAN SIEBERT POINTED OUT THAT JUST BECAUSE RATHBUN AND WILLIAMS HAVE AGREED TO RELEASE THIS FRANCHISE DOES NOT NECESSARILY MEAN THE BOARD HAS TO ACCEPT IT, AND THEY MUST CONTINUE TO OPERATE THE PLANT UNTIL.A DECISION IS REACHED. COMMISSIONER WODTKE ASKED IF TROPIC GROVES WOULD WANT THE FRAN- CHISE AT THE $4.75 RATE, AND MR. LEUTHJE DID NOT FEEL THIS WOULD BE ECONOMICALLY FEASIBLE. COMMISSIONER WODTKE NOTED THAT THE PLANT WAS ORIGINALLY PUT IN TO SERVE THE WHOLE AREA, MR. LUETHJE STATED THAT IT IS VERY HARD TO ESTIMATE WHAT THE FUTURE FLOW WILL BE AND THE PLANT WAS A SMALL PACKAGE PLANT DESIGNED SO THAT IT COULD BE EXPANDED FOR THE LEAST EXPENSE, COMMISSIONER WODTKE ASKED IF THE PROPOSED RATE STRUCTURE OF $8.87 MONTHLY, PLUS $4.00 FOR EACH ADDITIONAL BATHROOM PROVIDES FOR THE COSI OF EXPANSION? MR. LEUTHJE EXPLAINED THAT THEY DIVIDED THE COST OF THE EXPANSION NOT BY THE 32 UNITS, BUT BY A FIGURE OF 104 ALLOWING FOR A CERTAIN AMOUNT OF EXPANSION IN THE FUTURE, COMMISSIONER WODTKE INQUIRED AS TO THE PROJECTED COST OF EXPAN- SION, AND MR. LEUTHJE SAID TO SERVE 104 UNITS IT WILL BE ABOUT $6,300. COMMISSIONER WODTKE THEN INQUIRED ABOUT THE $500.00 CONNECTION CHARGE, AND MR. LEUTHJE SAID THE $6,300 IS NOT FOR THE EXPANSION BUT FOR TRANSMISSION LINES, ETC. COMMISSIONER LOY ASKED ABOUT ZONING, AND MR. LEUTHJE STATED THAT. IT IS R-2 AND NOTED THE DEVELOPMENT WAS ORIGINALLY PLANNED FOR 144 UNITS, DISCUSSION CONTINUED AS TO WHETHER THE PLANT IS OPERATING AT A PROFIT OR LOSS AND HOW THE EXPANSION WILL AFFECT THE EXISTING CONDOMINIUM OWNERS. COMMISSIONER WODTKE STATED HE FEELS THAT A DEVELOPER SHOULD FRONT END HIS CONNECTION MONEY FOR PURPOSES OF EXPANSION AND SHOULD NOT COME BACK LATER AND CHARGE THE PEOPLE WHO.BROUGHT THEIR UNITS IN GOOD FAITH _EXTRA RATES TO PAY FOR THE EXPANSION. 52 OCT 2® 1976 N.. y BOQt • ?7 y :132 COMMISSIONER SCHMUCKER NOTED THAT IF YOU DIVIDE BY 104, IN EFFECT, THE PRESENT CONDOMINIUM OWNERS ARE PAYING 1/3 OF THE EXPANSION COST.. CHAIRMAN SIEBERT STATED THAT IF THE PROPOSED FRANCHISE AREA DID NOT INCLUDE ANY EXISTING DEVELOPMENT, HE DID NOT FEEL THE RATES WOULD PRESENT ANY PROBLEM AS PEOPLE WHO BOUGHT IN THE FUTURE WOULD BE AWARE OF WHAT THE RATES WERE. L.C. 'BUD" GRAMMER, PRESIDENT OF TROPIC GROVES DEVELOPMENT CORP- ORATION INFORMED THE BOARD THAT THERE ARE NO PROFITS IN OPERATING THE SEWER TREATMENT PLANT; ALTHOUGH, THERE OBVIOUSLY WILL BE SOME PROFITS IN THE SALE OF CONDOMINIUMS IN THE FUTURE. HE NOTED THAT IF THEY HAVE TO EXPAND THE SEWERAGE PLANT, IT WILL WIPE OUT A NUMBER OF UNITS, AND AS THEY DID NOT FEEL IT IS FAIR TO DIVIDE THE COST BY JUST THE ORIGINAL 32 UNITS, THEY ARRIVED AT A FIGURE OF 104, HE THEN EXPLAINED IN DETAIL THE COSTS INVOLVED ON WHICH THEY BASED THE RATE INCREASE FIGURES. COMMISSIONER WODTKE ASKED WHY THEY COULDN'T TAKE THE EXPANSION COST AND ADD IT IN THE COST OF THE NEW UNITS THEY WILL SELL, MR. GRAMMER STATED THAT HE WOULD BE GLAD TO CONSIDER ANYTHING THAT IS FAIR TO THE PEOPLE AND NOTED THAT HE HAD ASKED MR. BEINDORF THE CUSTOMARY WAY TO ARRIVE AT THESE FIGURES. HE CLAIMED THAT THE PEOPLE LIVING THERE DO NOT BEAR A PRO RATA COST OF THE SEWER SYSTEM, AND THE BOARD DEBATED THIS POINT. CHAIRMAN SIEBERT ASKED IF THE FINANCIAL STATEMENT OF TROPIC GROVES IS STRICTLY FOR THE SEWAGE TREATMENT PLANT OR FOR THE WHOLE CORPORATION. MR. GRAMMER SAID IT IS NOT LIMITED TO THE SEWER PLANT, BUT POINTED OUT THAT THE REST OF IT IS JUST RAW LAND, COMMISSIONER LOY NOTED THAT WHEN RATHBUN AND WILLIAMS REQUESTED THIS FRANCHISE, THE DEVELOPMENT WAS BRAND NEW; THE FRANCHISE WAS TO BE EXCLUSIVELY FOR THIS PARTICULAR DEVELOPMENT; AND THEY SET THE RATES. SHE CONTINUED THAT THE BOARD DOES NOT USUALLY QUESTION RATES THAT ARE SET FOR A PRIVATE DEVELOPMENT AS LONG AS NOTHING HAS BEEN SOLD, BUT POINTED OUT THAT THERE ARE NOW 32 HOME OWNERS LIVING THERE WHO WERE GIVEN A SPECIFIC RATE, AND NOW THE BOARD IS BEING ASKED TO ESTABLISH A RATE FOR ANOTHER NEW PROJECT, MR. GRAMMER ASKED WHAT THEY SHOULD DO. COMMISSIONER Loy STATED THAT SHE FELT HE WOULD HAVE TO JUSTIFY 53 s OCT 201976.. BQo I7 x..133 OCT. 2 0 19 6 TO THE BOARD THE INCREASE THAT WILL BE PUT ON THE EXISTING HOME OWNERS. MR. GRAMMER AGAIN EXPLAINED THE FIGURES HE WORKED WITH TO ARRIVE AT THE RATE INCREASE. CHAIRMAN SIEBERT ASKED IF ANYONE IN THE AUDIENCE WISHED TO BE HEARD. RICHARD BOGOSIAN, ATTORNEY REPRESENTING THE 32 CONDOMINIUM OWNERS, TOOK THE FLOOR, AND WENT OVER THE HISTORY OF THE PROPERTY IN (QUESTION, NOTING THAT ORIGINALLY THIS ENTIRE AREA WAS COVERED UNDER THE ROCKRIDGE WATER AND SEWER FRANCHISE, GRANTED IN 1959, THIS PARTICULAR AREA WAS TRANSFERRED TO MID -FLORIDA UTILITIES, AND THEY ASSIGNED A PIECE TO RATHBUN AND WILLIAMS, WHO BUILT A PLANT WITHOUT ANY RATES EVER HAVING BEEN ESTABLISHED. THEY PLANNED A DEVELOPMENT OF 144 CONDOMINIUMS, BUT BUILT JUST THE ONE BUILDING WITH 32 UNITS IN IT, AND AT THE TIME OF SALE EACH OWNER WAS GIVEN A SHEET INDICATING THE ESTABLISHMENT OF MONTHLY SEWER RATES AT $4.75. ATTORNEY BOGOSIAN CONTINUED THAT IF THE PLANNED DEVELOPMENT HAD GONE TO FRUITION, HE DOES NOT FEEL THERE WOULD HAVE BEEN ANY PROBLEM AS THEY WOULD HAVE THE MONEY THEY NEED TO OPERATE THE PLANT, BUT THE DEVELOPMENT FLOPPED AND NOW THEY ARE ASKING THE 32 OWNERS TO BEAR THE EXPENSE OF RUNNING THE PLANT. MR. BOGOSIAN SAID HE HOPED THE BOARD WOULD NOT PENALIZE THESE PEOPLE BY GRANTING ANY INCREASE AT THIS TIME BECAUSE THE DEVELOPMENT WAS NOT SUCCESSFUL. MR. BOGOSIAN THEN PRESENTED A PETITION OPPOSING THE INCREASE SIGNED BY THE CONDOMINIUM OWNERS, WHICH PETITION IS HEREBY MADE A PART OF THE MINUTES. 54 eon 27 vA :':134 E71 To: Board of County Commissioners 10/20/76 Indian River County, Florida Page One We. the unit owners of Tropic Groves, Inc. - a 32 -unit, self -governed condominium located at 1166 Sixth Avenue, Vero Beach, Florida - situated on hot 10, Vero Land Company's Subdivision, as recorded in Plat Book 3, Page 19, Public Records of St. Lucie County, said land now lying and being in Indian River County, Florida, hereby respectfully object to the granting of a sewerage franchise to Tropic Groves Development Corporation, covering the following described property: "Lot 10 and the west one-half of Lot 9, Vero Land Company's Subdivision, as recorded in Plat Book 3, Page 199 St. Lucie's County records, said land now lying and being in Indian River County, Florida% There is no mention of Lot 9 in our Purchase. Agreement or in our Condominium Documents. Our understanding is that the original plans of the developer were to construct 144 units on Lot 109 and we have to assume that the present sewerage treat- ment plant was built to handle 144 units only if indeed it will handle 144. Also, we must assume that the possibility of objectionable odors at peak period of use would exist. In the interest of public health, we respectfully suggest that a complete survey be made and submitted to the Board of County Commissioners for study to ensure adequate adherence to health standards. Secondly, we must htrenuously object to the rate structure requested by Tropic Groves Development Corporation for monthly sewer service. Our agreement with the developer at the time of purchase was $4.75 per month, per unit, for sewer service. Inasmuch as all units at Tropic Groves, Inc. contain two bathrooms, your approval of the rate structure proposed by Tropic droves Development Corporation for sewer service would (continued) C� 2 0 976 e96 27.::: ; x.35 I To: Board or County Commissioners Indian River County, Florida 10/20/76 Page Two amount to an increase to the Tropic Groves, Inc. unit owners of 271%* We respectfully request your consideration of our position on the aforementioned matters. Tropic Groves, Inc. Vero Beach, Florida Cil 1G _A '� j VA y74(4,AC . _ r J . IT J 14 LU Pod c . t 0 OCT 2 01 soot �� 4 _. { a ® � CHAIRMAN SIEBERT STATED HE FELT POSSIBLY SOME HIGHER RATE MIGHT BE JUSTIFIED, BUT FELT IT WOULD BE IMPROPER FOR THE BOARD TO HEAR IT AT THIS POINT AS TROPIC GROVES IS NOT THE CURRENT FRANCHISE HOLDER, THE CHAIRMAN ASKED ATTORNEY COLLINS FOR HIS LEGAL OPINION ON THIS POINT, ATTORNEY COLLINS STATED THAT THIS IS THE RELINQUISHMENT OF A FRANCHISE FOR WHICH THERE NEVER WERE ANY RATES ESTABLISHED AND THE BOARD'S FUNCTION -IS TO ISSUE A FRANCHISE AND SET RATES, IN DISCUSSION IT WAS FELT THAT THIS IS A UNIQUE SITUATION AS A FRANCHISE IS USUALLY ISSUED ON AN UNDEVELOPED AREA, MRS, EUGENE LUIPPOLD, A CONDOMINIUM OWNER, APPEARED AND STATED SHE REALIZES THAT THE OWNERS ARE LOSING MONEY, BUT SHE DOES NOT FEEL THE CONDOMINIUM OWNERS SHOULD ASSUME A 200% INCREASE FOR SOMETHING THEY ARE NOT GOING TO BENEFIT FROM. SHE ALSO NOTED THAT SHE FELT THEY WERE ASSUMING IN THEIR MONTHLY MAINTENANCE FEE EXPENSES THAT SHOULD BE BORNE BY THE CORPORATION, SUCH AS CUTTING OF THE GRASS AROUND THE PLANT, ETC, ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAD A REQUEST FROM AN OWNER OF NEARBY PROPERTY, WILLIAM ORTH, THAT IT BE PLACED IN THE RECORDS THAT HE HAS A PROBLEM BECAUSE OF A DRAINAGE DITCH THAT IS BEING BLOCKED BY THIS DEVELOPMENT, COMMISSIONER Loy STATED THAT SHE WOULD LIKE TO GET THE FRANCHISE STRAIGHTENED OUT AND WOULD LIKE TO ESTABLISH RATES, BUT WITH THE INFORM- ATION PRESENTED TODAY, SHE WOULD NOT BE IN FAVOR OF ADOPTING ANY RESOLUTION SUPPORTING THE RATES PROPOSED, SHE NOTED THAT THE RATES WOULD BE AN INCREASE OF OVER 2000 FOR PEOPLE WHO DO NOT REALLY REQUIRE ANY MORE SERVICE. MR. LEUTHJE STATED THAT HE WOULD BE GLAD TO SUPPLY ANY INFORMATION IN THE WAY OF COST FIGURES AND HAVE THEM CERTIFIED AND MAKE ANOTHER PRESENTATION AND ASKEDIIF THEY COULD JUSTIFY A 200% INCREASE, WOULD THE BOARD CONSIDER IT, IT WAS FELT A 200/ INCREASE WOULD BE VERY HARD TO JUSTIFY, CHAIRMAN SIEBERT NOTED THAT ANY TIME YOU DEVELOP PROPERTY YOU ARE TAKING A RISK, AND HE DID NOT FEEL THE PEOPLE SHOULD BE PENALIZAED BECAUSE THE PROPERTY WAS NOT FULLY DEVELOPED, COMMISSIONER WODTKE DISCUSSED THE UNIQUE ASPECT OF THIS PARTICULAR FRANCHISE AND HOPED SOMETHING COULD BE WORKED OUT TO SHIFT SOME OF THE COST BURDEN ONTO THE NEW CONSTRUCTION ANGLE, 57 OCT 2 0197 Boot 27 137 MR. GRAMMER NOTED THAT THERE IS NO EASY SOLUTION AND SUGGESTED THAT THEY REVIEW AND DETERMINE WHAT ADDITIONAL DATA THEY CAN SUBMIT POSSIBLY ON A DIFFERENT CONCEPT, ATTORNEY BOGOSIAN INFORMED THE BOARD THAT HIS GROUP IS WILLING TO CONCEDE THAT THE COST FIGURES ARE AS CLAIMED BY MR. GRAMMER, BUT THE WHOLE POINT IS WHETHER THESE 32 PEOPLE SHOULD HAVE TO PAY ANY OF THAT COST. HE STATED HE FELT TROPIC GROVE SHOULD DEVELOP THE PROPERTY WITHOUT ANY RATE INCREASE AND THEN COME BACK FOR A RATE INCREASE AFTER IT IS DEVELOPED. MR. GRAMMER STATED THAT HE DID NOT FEEL THE ORIGINAL $4.75 MONTHLY RATE SHOULD BE SACRED FROM INFLATION. DISCUSSION FOLLOWED IN REGARD TO CONTINUING THE PUBLIC HEARING AND GIVING THE APPLICANT AN OPPORTUNITY TO DO SOME REFIGURING. COMMISSIONER LAY SUGGESTED GIVING TROPIC GROVES THE FRANCHISE AND SETTING THE RATES AT $4.75 ON THE EXISTING HOME OWNERS AND THEN THEY COULD COME BACK FOR A RATE INCREASE TO APPLY ONLY TO THE NEW DEVELOPMENT, ATTORNEY COLLINS STATED THAT INCREASES HAVE TO BE UNIFORM THROUGHOUT THE FRANCHISE AREA, CHAIRMAN SIEBERT FELT IT SHOULD BE DETERMINED HOW MANY UNITS THE PRESENT SEWERAGE PLANT WILL SERVE OR WAS INTENDED TO SERVE AND POSSIBLY THE COST SHOULD BE SPLIT 144 WAYS. DISCUSSION FOLLOWED IN REGARD TO THE CAPACITY OF THE SEWERAGE PLANT. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO CONTINUE THE PUBLIC HEARING IN REGARD TO TROPIC GROVES DEVELOPMENT CORPORATION FRANCHISE UNTIL 3:00 P.M. NOVEMBER 3RD. CHAIRMAN SIEBERT SUGGESTED THAT MR, L.EUTHJE GET TOGETHER WITH ATTORNEY BOGOSIAN TO DISCUSS THIS MATTER, ROBERT F. "FLIP" LLOYD, ENGINEER, APPEARED IN REGARD TO FINAL APPROVAL FOR DUNES OF DEAUVILLE WHICH WAS INCLUDED ON TODAY'S AGENDA AS AN EMERGENCY ITEM. HE INFORMED THE BOARD THAT THE PEOPLE HE REPRESENTS HAVE AGREED TO PUT THE STANDARD DEDICATION ON THE PLAT AND PARAGRAPH E WILL BE DELETED, ATTORNEY COLLINS ASKED IF THEY WERE GOING TO FORMALLY CONVEY THE 20' ADDITIONAL RIGHT-OF-VIAY TO -THE COUNTY. RK OCT 2 01976 27 138 MR. LLOYD STATED THAT IT It CONVEYED IN THE DEDICATION. ATTORNEY COLLINS INFORMED THE BOARD THAT THE WORDING PROPOSED FOR THE DEDICATION IS ACCEPTABLE. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL TO THE DUNES OF DEAUVILLE, PHASE 1, SUBJECT TO THE AGREED UPON CHANGES BEING MADE IN THE DEDICATION AND CONFIRMATION OF THESE CHANGES BEING MADE BY THE ATTORNEY. ASSISTANT STATE ATTORNEY MILES MANK APPEARED IN REGARD TO A RE- QUEST FOR RELOCATION OF THE STATE ATTORNEY'S OFFICES. COMMISSIONER LOY ASKED IF THEY ANTICIPATE ADDING NEW PERSONNEL. ATTORNEY HANK STATED THAT THEY DO ANTICIPATE GETTING LARGER AND NOTED THAT THEIR ADULT CASE LOAD HAS INCREASED 110% AND THE JUVENILE CASE LOAD IS EVEN LARGER. HE INFORMED THE BOARD THAT THEY II' WOULD LIKE TO MOVE THEIR OFFICES TO THE THIRD FLOOR OF THE 2001 BUILDING. COMMISSIONER SCHMUCKER ASKED IF THIS WOULD GIVE THEM MORE SPACE THAN THEY NOW HAVE. ATTORNEY MANK STATED THAT IT WOULD GIVE THEM A LITTLE MORE, AND IT IS MUCH MORE DESIRABLE SPACE - THE OFFICES ARE MORE PRIVATE AND VERY .. WELL SET UP, HE ALSO POINTED OUT THAT IF THEY MOVE TO THIS LOCATION, THEY WILL GIVE UP THE ROOM THEY PRESENTLY OCCUPY UPSTAIRS IN THE COURTHOUSE. P ATTORNEY . E ''TANK NOTED THAT IT WILL BE MUCH MORE EFFICIENT I NT AND CONVENIENT TO HAVE ALL THEIR PERSONNEL IN ONE LOCATION AND INFORMED THE BOARD THE LEASE WOULD BE FOR A YEAR WITH AN OPTION. CHAIRMAN SIEBERT POINTED OUT THAT WE ARE ONLY 20 DAYS INTO THE BUDGET YEAR AND ALREADY WE ARE BEING ASKED FOR A CONSIDERABLE INCREASE, WHICH WOULD NECESSITATE A BUDGET AMENDMENT. COMMISSIONER WODTKE NOTED THAT IT ACTUALLY WOULD NOT BE SUCH A LARGE INCREASE AS THEY WILL BE GIVING UP THE OFFICES THEY PRESENTLY OCCUPY IN THE PROFESSIONAL BUILDING. ATTORNEY MANK' INFORMED THE BOARD THAT THE PROPOSED LEASE IN- CLUDES UTILITIES. DISCUSSION CONTINUED, AND CHAIRMAN SIEBERT INSTRUCTED ATTORNEY MANK TO DETERMINE WHEN THE EXISTING LEASE EXPIRES, DRAW UP A NEW LEASE BETWEEN THE COUNTY AND THE OWNERS OF THE 2001 BUILDING, AND BRING IT BACK FOR THE BOARDS CONSIDERATION, WHICH HE FELT WOULD BE FAVORABLE. } 59 4' T 2 0 197Boot 27 .h. 139 VAL BRENNAN APPEARED TO REPORT ON THE PUBLIC HEARINGS IN REGARD TO THE STATE COMPREHENSIVE PLAN AND ASKED THE BOARD TO APPROVE OUT -OF - COUNTY TRAVEL FOR HIM. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER VODTKE, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR VAL BRENNAN TO AT- TEND A COMPREHENSIVE PLANNING ACT WORKSHOP IN WEST PALM BEACH, OCT. 28,1976, MR. BRENNAN PRESENTED TO THE BOARD A LETTER HE HAD WRITTEN FOR THE CHAIRMAN'S SIGNATURE TO THE BUREAU OF COMPREHENSIVE PLANNING IN REGARD TO THE STATE COMPREHENSIVE PLAN. THE BOARD HAD NO OBJECTION TO THE CHAIR- MAN SIGNING THIS LETTER, AND IT IS HEREBY MADE A PART OF THE MINUTES. •. :,,';'z.^•.: Fr'~'ter ..., -. B O A R D OF COUNTY C O M M I S S I O N E R S Ari tT, k��y..�'`� P.O. BOX tote VERO BEACH o FLORIDA 32960 October 20, 1976 Bureau of Comprehensive Planning Division of State Planning Department of Administration 660 Apalachee Parkway Tallahassee, Florida 32304 Gentlemen: This County had representation at the Public Hearings on the State Comprehensive Plan, held in Orlando on 0-1tober 11 and 12. We have also had the benefit of summary reviews of most of the elements of the State Plan by our County Planning Department. , This County wishes to go on record as being generally favorable to the State Comprehensive Plan with the following reservations: 1. Cost/Benefit: This should be stressed and used more throughout the elements of the plan. By this, we mean that the majority of proposals, when effectuated, should be analyzed as to the cost to the taxpayer against the benefits to be derived by the general public. 2. Terminology: We have asked our planning staff to review the "fine print". The staff has reported to us that there are many phrases which are written in the "may", "might", or "could" terminology with respect to local governments (county) especially, which, in time, may change to "MUST" or "SHALL". Federal government is noted for doing this. We wish to object to such changes in terminology without prior information of intention. 3. Assigned Tasks: We find occasional reference being made in various elements of assigning tasks to do this or'that at certain times. We feel that this does not belong in the plan elements. We suggest { that conditions and time change and that, therefore, this material would be better placed in a separate manual for plan effectuation. We sincerely feel that it could be reasonably interpreted by some factions that by assigning tasks to certain areas of government, the plan perpetuates the existence of bureaucracy by write in. We feel ycu need not that added battle. i 60 OCT 20197 7....140 } j Bureau of Comprehensive Planning Page 2 October 20, 1976 4. Computer: It was mentioned at the Public Hearing in Orlando and the workshop session on "Land Development" that the State should develop criteria formulas to assist the County and local governments to determine impact of developments. We hold to the theory that the State should involve itself only in the collection, storage and distribution of data via computer and leave analysis to local govern- ment. Bad decisions based on computer data is one thing. Bad decisions by local officials can be rectified at the voting polls. But we've never hear of a computer being voted out of office. Please keep our Planning Department on your mailing and meeting invitation list so that we can work closely together in the coming year. Yours truly, W.W Siebert, Chairman County Commission VEB:ljo cc: Clif Guillet Sam Shannon ATTORNEY COLLINS DISCUSSED THE ADOPTION OF A RESOLUTION IN REGARD TO THE INDIAN RIVER COUNTY EMERGENCY OPERATION PLAN AND STATED THAT HE IS NOT SURE IT IS NECESSARY AND THAT HE COULD NOT INFORM THE BOARD AS TO THE FULL IMPACT OF SIGNING THE RESOLUTION. HE NOTED THAT IT SEEMS TO INDICATE THAT WE ARE NOT IN COMPLIANCE AND SUGGESTED THAT POSSIBLY THIS IS BECAUSE OF HAVING A PART-TIME DIRECTOR OF CIVIL DEFENSE. COMMISSIONER WODTKE INFORMED THE BOARD THAT THE STATE REQUIRES EACH COUNTY TO HAVE A CIVIL DEFENSE PLAN, AND IT MUST BE SUBMITTED TO THE STATE AND APPROVED BY THE BOARD. HE NOTED THAT FORMER CIVIL DEFENSE DIREC- TOR, EDWARD .JACKSON, HAD WRITTEN A PLAN WHICH WAS NEVER APPROVED. LEE NUZIE, THE NEW DIRECTOR, UPDATED THE PLAN AND IT STILL WAS NOT APPROVED, SO HE COMPLETELY CHANGED IT AND IS NOW SUBMITTING IT TO THE BOARD FOR AP- PROVAL. DISCUSSION FOLLOWED ON POSSIBLY APPROVING THE PLAN AND NOT SIGN- ING THE RESOLUTION. ATTORNEY COLLINS STATED THAT THE STATUTES DO NOT CALL FOR THE PLAN TO BE ADOPTED BY RESOLUTION. AFTER FURTHER DISCUSSION, IT WAS DECIDED THAT THE CIVIL DEFENSE PLAN SHOULD BE REVIEWED FURTHER BEFORE -BEING APPROVED, AND CHAIRMAN SIEBERT INSTRUCTED THAT IT BE PUT ON THE AGENDA FOR THE NEXT MEETING. 61 ~OCT 2 01976 Boot 27 -x::141 CHAIRMAN SIEBERT INFORMED THE BOARD OF THE RECEIPT OF A RESOLU- TION FROM THE VETERANS COUNCIL OF INDIAN RIVER COUNTY IN REGARD TO ERECTING A GRANDSTAND AT MEMORIAL PARK, WHICH RESOLUTION IS HEREBY MADE A PART OF THE MINUTES. RESOLUTION NO.776 -/ WHEREAS, the Veterans' Council of Indian River County, ,Florida, representing all of the veterans groups of said county, is desirous of a better utilization of the area in the City of Vero Beach known and designated as Memorial Park, in order that greater participation by the public may be facilitated in the observance of various patriotic occasions; and WHEREAS, the vision and foresight of previous citizens, particularly the Honorable Alex MacWilliam, Sr., brought into existence the said Memorial Park, not only as a place for the assembling of the public to commemorate principle holidays dedicated to the commemoration of those who have participated in the wars in which this country has been engaged but to further a greater degree of participation among all the people; and WHEREAS, it is vital that a grandstand be erected and that permanent seats for the public be constructed and that proper maintenance.and care of said Memorial Park be done; and WHEREAS, it appears that the City of Vero Beach and Indian River County are going to be the recipients of a considerable amount of money from the federal government by reason of the passage of the bill by Congress appropriating money for public improvements, not only for the enjoyment of the public, but also to provide employment for many people now out of work; - NOW, THEREFORE, BE IT RESOLVED by the Veterans' Council of Indian River County, Florida, that it does hereby -urge the Board of County Commissioners of Indian River County, Florida and/or the City Council of the City of Vero Beach, Florida to include in their application and use of the funds available to said bodies the development and greater use of Memorial Park, and we do urge said bodies to recognize the need and the necessity for the recognition of patriotic observances and the good that will accrue to .the community from having within it a park set aside for such purposes and as a lasting memorial in appreciation of the sacrifices made by veterans of Indian River County and of the United States in defending the country in the various wars in which we have i been engaged. C12 01976 Book a'%' :, 14 ATTORNEY COLLINS NOTED THAT THE CITY OF VERO BEACH HAS RECEIVED A SIMILAR RESOLUTION. DISCUSSION FOLLOWED, AND IT WAS GENERALLY FELT THAT THE PUBLIC WORKS MONEY IS MORE NEEDED FOR THE WATER SYSTEM AND ALSO THAT THE PARK IS MORE APPROPRIATE THE WAY IT IS. ADMINISTRATOR JENNINGS STATED. THAT MEMORIAL PARK WAS ORIGINALLY PLANNED AS A PLACE TO BE ABLE TO SIT QUIETLY AND MEDITATE. COMMISSIONER Loy STATED THAT SHE IS NOT AGAINST ADDING FACILITIES BUT POINTED OUT THAT IT IS ONLY USED FOR PUBLIC CEREMONIES ONCE CR TWICE A YEAR. CHAIRMAN SIEBERT NOTED THAT IF A COMMITTEE GOT TOGETHER AND DREW UP SOME PLANS, HAD COMMUNITY SUPPORT, RAISED SOME MONEY, AND THEN ASKED FOR MATCHING FUNDS, HE WOULD BE GLAD TO CONSIDER THEIR PLANS, IT WAS AGREED TO HOLD THIS ITEM FOR FURTHER REVIEW. CHAIRMAN $IEBERT NEXT DISCUSSED WITH THE BOARD THE ROAD LEADING' INTO INDIAN RIVER COMMUNITY COLLEGE AND INFORMED THEM THAT THIS ROAD HAS NOT BEEN GRADED FOR ABOUT SIX MONTHS AND IS IN TERRIBLE CONDITION.- HE NOTED THAT INDIAN RIVER FARMS WATER MANAGEMENT DISTRICT OWNS THIS ROAD, AND THE COUNTY HAS NO EASEMENT. IN FACT, THE DRAINAGE DISTRICT REQUESTED THAT THE COUNTY CEASE GRADING THE ROAD. THE CHAIRMAN STATED THAT HE MET WITH OFFI- CIALS OF THE DRAINAGE DISTRICT AND REPRESENTATIVES OF THE COLLEGE ABOUT THIS MATTER. HE HAD HOPED THE DISTRICT WOULD GIVE A 50' EASEMENT AS THERE SEEMS TO BE:AMPLE ROOM ALONG THE DITCH, BUT THEY SAID ALL THEY COULD GIVE UP IS 12'. HE NOTED THAT THE DRAINAGE DISTRICT DID OFFER THE COUNTY A RIGHT -OF -'JAY, BUT ONLY FOR ONE YEAR AND SUBJECT TO MANY RESTRICTIONS. CHAIRMAN $IEBERT ALSO STATED THAT HE HAD DISCUSSED THIS MATTER WITH THE ENGINEER FOR THE DRAINAGE DISTRICT, MARVIN CARTER, WHO SAID THEY DO NEED THIS PROPERTY FOR THEIR LONG RANGE PLANS AND THEIR CONCERN IS THAT THEY NOT GIVE AWAY ANY LAND THEY MAY HAVE TO PURCHASE BACK LATER. THE CHAIRMAN IN- FORMED THE BOARD THAT HE HAD SUGGESTED TO THE COLLEGE THE POSSIBILITY OF WORKING ON A PARTICIPATING BASIS, BUT THEY SAID IT IS JUST THE COUNTY'S RESPONSIBILITY AND CLAIMED WE HAD PROMISED TO BUILD THEM A ROAD THERE BACK IN 1974. 63 soot 97 143 ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT WHEN THE COLLEGE WAS PUT IN THERE, HE TOLD THEM THEY WOULD HAVE PROBLEMS WITH THE DRAINAGE DISTRICT AND THAT THE COUNTY COULD NOT GO IN THERE. IN DISCUSSION IT WAS POINTED OUT THAT PART OF THIS PROPERTY WAS PRIVATELY OWNED BY GLENN AND MIKE SMITH AND HAS RECENTLY BEEN SOLD TO SID BANACK. THE POSSIBILITY OF OBTAINING AN EASEMENT FROM MR. BANACK WAS DIS= CUSSED, AND THE CHAIRMAN FELT MR. BANACK WOULD BE WILLING TO WORK WITH THE.. COUNTY BUT THAT HE WOULD NOT BE ABLE TO DONATE THE EASEMENT. DISCUSSION CONTINUED IN REGARD TO OBTAINING AN EASEMENT FOR AN ENTRANCE TO THE COLLEGE SOMEWHERE OTHER THAN ALONG THE DITCH, POSSIBLY THROUGH THE GROVES, IT WAS SUGGESTED THAT PERHAPS THE COLLEGE COULD SWAP SOME ACREAGE WITH MR. BANACK TO ACCOMPLISH THIS. CHAIRMAN SIEBERT POINTED OUT THAT THE AGREEMENT OFFERED BY INDIAN RIVER FARMS WATER MANAGEMENT DISTRICT WOULD SOLVE THE IMMEDIATE PROBLEM AND GIVE US TIME TO WORK THIS OUT ON A PERMANENT BASIS. IT IS ACTUALLY JUST A MAINTENANCE AGREEMENT, BUT THE CHAIRMAN FELT WE NEED TO BUY A YEARS TIME AND AT LEAST BE ABLE TO KEEP THE ROAD FIT FOR THE STUDENTS TO TRAVEL ON IN THE MEANTIME. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONERJlODTKE, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN THE AGREEMENT WITH INDIAN RIVER FARMS WATER MANAGEMENT DISTRICT WHICH PERMITS THE COUNTY TO MAINTAIN THE ROAD LEADING TO INDIAN RIVER COMMUNITY COLLEGE. 64 OCT 201976 Boot 7. 144 OCT 2 01976 172204 P E R M I T THIS PERMIT issued this �" 'IJ— THIS of , 1976, by and between INDIAN RIVER FARMS WATER MANAGEMENT DISTRICT; a Drainage District organized and existing under the General Drainage Laws of the State of Florida, whose address is 4400 - 20th Street, Vero Beach, Florida, hereinafter referred to as the "District,", and INDIAN RIVER COUNTY; a political subdivision of the State of Florida, hereinafter referred to as the "County." NOW THEREFORE, the District does hereby grant unto the County ingress and egress and the right to use as a public road over, on and across the below described property: The North 30 feet of the Main Canal right- of-way from King's Highway to the buildings owned by Indian River Community College. provided, however, that as a condition predecent to the rights herein granted, the County agrees to and with the District as follows: 1. The County assumes full responsibility for the construction, operation and maintenance of said road right -of -way - 2. This Permit may not be assigned or subletted unto a third party. 3. That this Permit is subject always to the paramount right of the District to keep and maintain its drainage district functions and operations. 4. In no event shall the District be liable for any damages done or.caused by the District to the public using said road right-of-way, and the County shall save the District, its officers, agents, supervisors, and employees harmless from any cost, charge or expense of claim or demand of any person against the District arising from or pertaining to the location and use of said road right-of-way. 5. This Permit shall be effective immediately and con- tinue for a period of one (1) year, except, however, the District OFFICIAL RSC®RD em 533 face h Smith, Heath 8 Smith, Attomeye At Law, P. O. Boz 1030, Vero Beach, Florida 32960 a�r't 27, _ - 145 i 13 II 6A OFFICIAL. RECORD to 533 A;t 12 :hall have_the right to cancel this Permit upon giving sixty (60j lays written notice to the County. IN WITNESS WHEREOF, said District has caused these iresents to be executed in its name by its president and attested Y its secretary and its corporate seal hereto affixed, by due uthority of its Board of Supervisors. Signed, sealed and delivered INDIAN RIVER FARMS WATER in the r n of: GEMENT DISTRICT Pr sident Attest: / I etary ;i INDIAN RIVER COUNTY hereby accepts e� ~ Permit, and covenants and agrees that it willt p 3rf W►��`' the terms and conditions of this Permit. '"''�,,;'.•'s "f'.....:;,�� .• Dated this aL day of `� Signed, sealed and delivered BOARD OF COUNTY COMMISSIONE2 in the presence of: _= OF INDIAN RIVER.CA TY, L Rz By:, Willard leb t, -.t ih�a.;ma'n .•r tiff lit, .. Attest:. Ralph kris •, ; e1�ei5jc : . r-3 Rr • �..,�. _� .JCS .- hi "I Lo --. a .v •c; e Smith, Heath & Smith, Attorneys At Law, P. 0. Box 1030, Vero Beach, Florida 32960 0 aooE ,.27 146 CN MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY GRANTED RETRO -ACTIVE APPROVAL OF APPLICATION OF .JOHN HENRY SMITH FOR ADMISSION TO THE A. -G. HOLLEY STATE HOSPITAL THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT WERE APPROVED AND WARRANTS JSSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND PHOS. 53997 -53188 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 7:25 O'CLOCK P.M. ATTEST: 4 CLE RMAN. 67 OCT 2 01976 eo�t 27 tact 147