HomeMy WebLinkAbout11/5/1976FRIDAY, NOVEMBER 5, 1976
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN SPECIAL SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA,
ON FRIDAY, NOVEMBER S, 1976, AT 11:30 O'CLOCK A.M. PRESENT WERE t1ILLARD 111.
SIEBERT, JR., CHAIRMAN; WILLIAM C. WODTKE, JR., VICE CHAIRMAN; ALMA LEE
LOY; EDWARD J. MASSEY; AND EDWIN S. SCHMUCKER, ALSO PRESENT WERE JACK G.
.JENNINGS, COUNTY ADMINISTRATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE
BOARD OF COUNTY COMMISSIONERS; AND VIRGINIA HARGREAVES, DEPUTY CLERK.
THE CHAIRMAN CALLED THE MEETING TO ORDER AND ANNOUNCED THAT THE
PURPOSE OF THIS MEETING IS TO ACCEPT THE BONDS OF THE THREE NEWLY ELECTED
COMMISSIONERS.
BONDS WERE PRESENTED TO THE BOARD FOR WILLARD W. SIEBERT, JR.,'
ALMA LEE LOY AND R. DON DEESON. ATTORNEY COLLINS STATED THAT THEY COMPLY
WITH THF STATUTE.
ON MOTIOM BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
MASSEY, THE BOARD UNANIMOUSLY ACCEPTED THE BONDS OF WILLARD W. SIEBERT, .JR.,
ALMA LEE LOY AND R. DON DEESON, WHICH ARE HEREBY MADE A PART OF THE MINUTES.
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NOV 51976
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IT I£;�IMI'C-{RTANT THAT THUS DOND HE EXCCUTEO AND QUALIFICATION PAPERS COMPLETED WITHIN SIXTY DAYS AFTER ELECTION
STATE OF FLORIDA
County of-.._.MIAN...RIVER_........_._......� -.
KNOW ALL MEN BY TI3ESE PRESENTS, That We,
as principal, and._... UNIT :D_-STAE iUELLTY AND GUARANTY COMPANY
as sureties
are held and firmly bound unto the Governor of the State or Florida, and his successors in office,
in the sum of -TWO .._THOUS D...A.N.V.._0..0VU...0.-.-.-.------------------------------------
j 2 000 QOa.
l.nv, ul money, for the payment whereof, well and truly to be made, we do bind ourselves, our and each of
our heirs, executors and administrators, jointly and severally, firmly by these presents.
Senlcd with our seals, and dated this-..Sth-.... day of
The condition of the above obligation is such, That whereas, the above bounden
fUILLARa W. SIEBERT'R,_ _- - was, on the 2nd »day of November,
A. D. 19_16_, elected....CQuj7 _.CUmmidbtG.i12hp__�Xi SR i1 R_v
to hold his office for the term of four years beginning on the Tuesday two weeks following the day of the general election
held November ..?......... A.D., 19.16......., and until his successor is qualified according to the Constitution and laws of this
State. -
Now, therefore, if the said (11Z•L-1ARf1-•W,-»SZL�BI RT.� j� _ shall faithfu:.y
petfo:.n the duties of his said office, as provided by law, then this obligation to be void, else to be and remain
in full force and virtue.
Pipe -21 A
3.0.26.72
NOV 51976
sealed and delivered in presence of us:
The above bond is approved this--5.th....- day of
WILLARD W. SIEBERT, JR.
f
UNITED STATES FIDELITY AND GUARANTY OOMPANY
...._....._.__...._...__ Surety .
County Cotnluissioners.
The nbove bond is approved. this ...»._ __..»„. day of ............
-»._.»»
� � r
IT 18 IMPORTANT THAT THIS I)OND BE EXECUTED AND QUALIFICATION PAPERS COMPLETED WITHIN SIXTY DAYS AFTER ELECTION
STATE OF FLORIDA
County of ..»..»Indian River
KNOW ALL MEN BY THESE PRESENTS, That We, —Alma-Lee.-.Loy—
as
».»..Alilisa. Lee.»..Loy
as principal, and. _IJP]. .1? � m A �a. TY AND GUARANTY CO. _
-w-»-- - --»-- --- •- -• -- as sureties
are held and fir ,ly bound unto the Governor of the State of Florida, and his successors in office,
in the sum of .........rd'.S.V.O-'Th.01aAn l,,,j)ollar9
)awful money, for the payment .vbereof, well and truly to be made, we do bind ourselves, our and each of
our heirs, executors and administrators, jointly and severally, firmly by these presents.
Sealed with our seals, and dated this _114»»» day of Noymb,r , 19 -M_
The condition of the above obligation is such, That whereas, the above bounden
Alma Lee Lowas, on the 2nd _ _ day of November,
A. D. 19_.76_., elected_....C4untommissioner, District 3, Board of Count X Commissioner.
Of Indian River County »
to hold his office for the term of four years beginning on the Tuesday two weeks following the day of the general election
held November . 2U.41... A.D., 19... U....... and until his successor is qualified according to the Constitution and laws of this
State.
Now, therefore, if the said Alma Lee Loy, shall faithfully
perform the duties of his said office, as provided by law, then this obligation'to be void, else to be and remain
in full force and virtue.
Signed, sealed and delivered in presence of us: r
elec-21 A
10-25-72
NOV 5197
The above bond is approved this —5t-11— day of
County Conunissioners.
The above bond is approved this »».. » »»» day of .... »»...... » .. _ » ... ...»...� .....»_. » . 19.............
Comptroller,
.»
CO.
IT IS IMPORTANT THAT THIS BOND DE CXECUTED AND QUALIFICATION PAPERS COMPLETCD WITHIN SIXTY DAYS AFTER ELECTION
STATE OF FLORTDA
County of , 1.NDIAN_ RIVER
KNOW ALL MEN BY THESE PRESENTS, That We,..._..� _ R o � Dona 1 d D e e s o n _
as principal, and AETNA INSURANCE COMPANY_
« ... as sureties
are held and firmly bound unto the Governor of the State of Florida, and his successors in office,
in the sum of__..»..». -Two Thousand ($2,000) and- ------ - -ono/100
lawful money, for the payment whereof, well and truly to be made, we. do bind ourselves, ou and each of
our heirs, executors and administrators, jointly and severally, firmly by these presents.
Scaled with our seals, and dated this day of _ , The condition of the above obligation is such, That whereas, the above bounden
Roy D obn a l d Deeson _ - was, on the ._.....2 n d day of November,
A. D. 19....6 elected _Count Commissioner
to hold his office for the term of four years beginning on the Tuesday two weeks following the day of the general election
held November 19 d... A.D.,19...... . 6..., and until his successor is qualified according to the Constitution and laws of this
State. ,
Roy Donald D e E .. o n shall faithfuls
Now, therefore, if the sai3 ' _------� -- y
perfurm the duties of his said office, as provided by law, then this obligation to be void, else to be and remain
in full force and virtue.
Signed sealed and delivered in presence of us:
Roy Donald Deeson
._._..... �C ! .._ .. _ Princi/p^/.$1!/q
% ��4�1�i•1 4 tf�(}�{�y ��rRµ?�K •I'a11 ����/j�i�
AETNA INSURANCE C,O,PANY
r�
The above bond is approved this 5th day of
County Commissioners.
The above bond is approved this . _ « « day of.-
elee-21 A
10.25.72 1
NOV 51976 aoQ' 2-7 � 212
CIRCUIT COURT JUDGE ROYCE R. LEWIS APPEARED, SPOKE BRIEFLY,
AND ADMINISTERED THE OATH OF OFFICE TO MILLIARD 14. SIEBERT, JR., ALMA LEE
Loy, AND R. DON DEESON, WHICH OATHS OF OFFICE ARE HEREBY MADE A PART OF
THE MINUTES, AS FOLLOWS:
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NOV 51976eoo 27 m-213
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OATH OF OFFICE
STATE OF FLORIDA
COUNTY OF Indian River
I DO SOLEMNLY SWEAR that I will support, protect and defend the Constitution and Government
of the United States and of the State of Florida; that I am duly qualified to hold office under the Consti--:
tution of the State, and that I will well and faithfully perform the duties of
Indian River County Commissioner
on which I am now about to enter, so help me God.
Sworn to and subscribed before me this
5th day of
November, 19
76
(2)
BRUCE A. SMATHERS, Secretary of State
Person taking ath sign on Itne (1) above. Sig
ceptance below on line numbered (4) after giving ad-
dress on line (3). Line (2) is for signature of attest-
ing officer.
F
I accept the office of Count Commissioner of the
County of Indian River The above is the oath of office taken by me.
In addition to the above office I also hold the office of None
(Named office or None)
Illy postoffice address is
(3) 788 Acacia Road, Vero Beach, Florida 32960
FLORIDA
Respectfully,
(4) %• /
al.a-s
Willard W. Siebert, Jr.
1.7.76
NOV 51976r���
say 27 41i 214
if
e
a
OATH OF OFFICE
S'T'A'T'E OF FLORIDA
IDA
COUNTY OF Indian River
I DO SOLEMNLY SWEAR that I will support, protect and defend the Constitution and Government
of the United States and of the State of Florida; that I am duly qualified to hold office under the Consti—
tution of the State, and that I will well and faithfully perform the duties of
County Commissioner
on which I am now about to enter, so help me God. .
Sworn to and subscribed before me this
5th day of
November 76
19 person taking oath sign on line (1) abov ign ac -
(2) /} ceptance bclo%v on lige numbered (4) after wing ad -
(2) dress on tine (n. Line (2) is for signature of attest-
-_a f o� ing officer.
K �
BRUCE, A. SNIATHERS, Secretary of State
I accept the office of County Commissioner of the
County of Indian River
The above is the oath of office taken by me.
In addition to the above office I also hold the office of None
(Named office or Alone)
Aly postoffice address is
(s) 1425 20th Street, Vero Beach, Florida 32960
FLORIDA
Respectfully,
Alma Lee Loy 4
Olec—B
1.7.75 "
NOV 51976
® seat ?7 Pv, 5
e
In
OATH OF OFFICE
STATE OF FLORIDA
COUNTY OF Indian River
I DO SOLEMNLY SWEAR that I will support, protect and defend the Constitution and Government
of the United States and of the State of Florida; that I am duly qualified to hold office under the Consti-
tution of the State, and that I will well and faithfully perform the duties of
County Commissioner
on which I am now about to enter, so help me God.
Sworn to and subscribed before me this
5th day of (t) •�t ��� �����
NovgjiLblerIle1976
Person taking oath sign on line (1) above. Sign ac-
ceptance below on line numbered (4) after giving ad-
(2)dress on line (3). Line (2) is for signature of attest -
41 ing officer.
,
BRUCE A. SMATHERS, Secretary of State
I accept. the office of l'nt,nt �r ('r�mmiGsioner of the
County of Tndi ,The above is the oath of office taken by me.
In addition to the above office I also hold the office of None
(Named office or None)
ply postoffice address is
(3) 382 Schumann Drive, Sebastian, Florida.
FLORIDA
Respectfully,
(4)
R. Don Dceson
•loe-s
t•�aa
NOV 51976
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CHAIRMAN SIEBERT.INFORMED THE BOARD THAT ATTORNEY COLLINS HAS
ADDITIONAL INFORMATION ON THE AGREEMENT WITH THE CITY IN REGARD TO THE
CORRIDOR FOR THE 17TH STREET BRIDGE WHICH HE WISHES TO HAVE ADDED TO TO-
DAY'S AGENDA.
-ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY ADDED THE ABOVE EMERGENCY ITEM TO THE AGENDA AS RE-
QUESTED BY ATTORNEY COLLINS,
ATTORNEY COLLINS PRESENTED TO THE BOARD A REVISED DRAFT OF THE
NROPOSED AGREEMENT BETWEEN THE CITY AND COUNTY IN REGARD TO THE CORRIDOR
FOR THE 17TH STREET BRIDGE. HE STATED THAT THE CITY MANAGER AND CITY
ATTORNEY REVIEWED THE DRAFT PRESENTED TO THE BOARD AT THE MEETING OF
NOVEMBER 3RD AND MADE SOME SUGGESTIONS, WHICH HE HAS NOW INCORPORATED INTO
THE AGREEMENT WHERE HE THOUGHT IT WAS IN THE COUNTY'S INTEREST TO DO S0,
ATTORNEY COLLINS STATED THAT HE FELT WE NOW HAVE A DOCUMENT THAT SHOULD BE
PALATABLE TO BOTH THE COUNTY AND THE CITY. HE NOTED THAT THE CITY COUNCIL
HAS NOT REVIEWED THIS DOCUMENT, AND HE WANTS TO CHECK A FEW POINTS WITH
THE DOT, BUT FEELS, IF THE BOARD DESIRES, THEY COULD AUTHORIZE THE CHAIR-
MAN TO SIGN THIS DOCUMENT AFTER THE CONCURRENCE OF THE ATTORNEY AND THE
ADMINISTRATOR.
ATTORNEY COLLINS NOTED THAT THE CITY WANTED A PARAGRAPH ADDED
IN REGARD TO SOME ITEMS THEY NEED TO GET ORDERED RIGHT AWAY AND THEY WANT
THE COST OF THESE ITEMS TO BE INCLUDED. .THIS IS COVERED IN PARAGRAPH
3 (A), AND HE SEES NO PROBLEM AS LONG AS THE DOT APPROVES,
DISCUSSION CONTINUED IN REGARD TO THE REVISED AGREEMENT, AND
COMMISSIONER WODTKE STATED THAT BECAUSE OF THE IMPORTANCE OF THE TIME ELE-
MENT, HE WOULD LIKE TO FOLLOW THE SUGGESTION OF THE ATTORNEY AND GIVE
APPROVAL OF THIS AGREEMENT WHEREBY THE CHAIRMAN CAN SIGN IT SUBJECT TO THE
APPROVAL OF THE ATTORNEY AND THE ADMINISTRATOR, KNOWING THAT.THIS WILL BE
CHECKED OUT WITH THE DOT'S ATTORNEY.
ATTORNEY COLLINS NOTED THAT CHECKING WITH THE DOT'S ATTORNEY
WILL BE TIME-CONSUMING, AND IT WAS SUGGESTED THAT HE REVIEW IT WITH THE
DOT ATTORNEY BY TELEPHONE.
NV 6 1976
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ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE,
THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO EXECUTE ON BEHALF OF
INDIAN RIVER COUNTY A DOCUMENT WITH THE CITY OF VERO BEACH BASED ON THE
INTENT OF THE DOCUMENT PRESENTED TODAY BY ATTORNEY COLLINS, WITH THE CON-
CURRENCE OF THE DOT AND SIGNING BY THE CITY AND THE COUNTY TO BE SIMUL-
TANEOUS.
ADMINISTRATOR JENNINGS STATED THAT HE HAD AN ITEM WITH REGARD TO
A PUBLIC HEARING FOR URBAN DEVELOPMENT UTILITIES WHICH HE WISHED TO ADD
TO TODAY Is AGENDA,
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY ADDED TO THE AGENDA THE EMERGENCY ITEM REQUESTED BY
THE ADMINISTRATOR AS ABOVE,
THE ADMINISTRATOR INFORMED THE BOARD THAT MR. DONLON WROTE
ATTORNEY HERRING IN REGARD TO SETTING UP A PUBLIC HEARING FOR U,D,U.'S
REQUESTED RATE INCREASE AS FOLLOWS:
• October 21, 1976
Mr. Charles L. Herring
Attorney for Urban Development Utilities Inc.
1043 Miracle Mile
Vero Beach, Florida 32960
Dear Mr. Herrings
The Board of County Commissioners has authorised this
office to work with you in preparing a public Notice for a
hearing before the Board on Urban Development's request for
a rate increase.
Will you please prepare the required Public Notice which
will show the proposed rates and the present rates. if you
will bring this to Mr.. Jennings office he will approve the
notice and assign the date and time for the Public -Hearing.
The Public ;Notice is required to be published at least
one (1) week t and lose than one (1) month before the
date of the Public Hearing. We suggest therefore, that you
return this public Notice as soon as possible so that the
date of the hearing may be determined.
Copies of the approved Public Notice are to be mailed
to all customers of Urban Development Utilities Inc. pre-
ferably so that they may be received at least (1) one week
prior to the date of Public Hearing.
Sincerely,
Robert Donlon,
Administrative Assistant
RDacb
10
cc. ter. Leon T. Young,'Hanager
NOV 51976
�� 27 Yv r
THE ADMINISTRATOR NOTED THAT ATTORNEY HERRING APPARENTLY IGNORED
THE INSTRUCTIONS SET OUT IN THE LETTER ENTIRELY AND PLACED THE ADVERTISE-
MENT FOR THE PUBLIC HEARING IN THE PRESS .JOURNAL WITHOUT THE ADMINISTRA-
TOR HAVING APPROVED AND STAMPED SAME.
ADMINISTRATOR .JENNINGS CONTINUED THAT WE HAVE SET PROCEDURES TO
BE FOLLOWED IN REGARD TO PUBLIC HEARINGS AND NO ONE HAS A RIGHT TO ESTAB-
LISH PUBLIC HEARINGS FOR THIS BOARD, HE ASKED FOR THE BOARDS GUIDANCE
AS TO WHETHER THIS PUBLIC HEARING SHOULD BE LEFT ON THE AGENDA OR WHETHER
HE SHOULD CALL ATTORNEY HERRING AND TELL HIM IT IS CANCELED BECAUSE IT WAS
NOT DONE PROPERLY. HE STATED HE PERSONALLY FELT IT SHOULD BE TAKEN OFF
THE AGENDA. THE.ADMINISTRATOR ALSO NOTED THAT THE DEPARTMENT OF ENVIRON-
MENTAL REGULATION WISHES TO HAVE A MEETING WITH EVERYONE INVOLVED IN U.D.U.,
AND HE IS TRYING TO GET IT SET UP SO THAT THEIR MEETING CAN BE HELD IN
VERO BEACH INSTEAD OF ORLANDO.
COMMISSIONER Loy POINTED OUT THAT THE PUBLIC HEARING IS IN REGARD
TO A RATE INCREASE WHICH WILL NOT BECOME EFFECTIVE UNTIL EVERYTHING IS CER-
TIFIED AND IN COMPLIANCE AND SHE, THEREFORE, DOES NOT FEEL THERE IS ANY
EMERGENCY IN REGARD TO HOLDING A PUBLIC HEARING ON THE RATE INCREASE.
COMMISSIONER WODTKE FELT SINCE IT IS NOT REALLY URGENT, WE SHOULD
NOTIFY ATTORNEY HERRING THAT HE MUST FOLLOW PROPER PROCEDURES AND THE HEAR-
ING MUST BE RESCHEDULED.
ATTORNEY COLLINS NOTED THAT THE LETTERS TO THE CUSTOMERS OF U.D.U.
HAVE NOT YET BEEN MAILED.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE,
THE BOARD UNANIMOUSLY AGREED THAT THE PUBLIC HEARING PREVIOUSLY AUTHORIZED
FOR U.D,U. ON NOVEMBER 17TH BE POSTPONED DUE TO THE FACT THAT ESTABLISHED
PROCEDURES FOR HOLDING A PUBLIC HEARING IN FRONT OF THIS BOARD HAVE NOT
BEEN FOLLOWED AND THAT ATTORNEY HERRING AND THE LOCAL NEWSPAPER BE SO NOTI-
FIED.
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND
CARRIED, THE BOARD ADJOURNED AT 12:03 O'CLOCK P.M.
ATTEST:
ERK CH RMAN
11
OV 51976
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