HomeMy WebLinkAbout3/23/1977F
WEDNESDAY, MARCH 23, 1977
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA,
ON WEDNESDAY, MARCH 23, 1977, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM C.
WODTKE, JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLARD W. SIEisERT;
;R.; EDWIN S. SCHMUCKER; AND R. DON DEESON. ALSO PRESENT WERE .JACK G.
.JENNINGS,,COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS, INTERGOVERNMENTAL
COORDINATOR; GEORGE G. COLLINS, .JR.,'ATTORNEY TO THE BOARD OF COUNTY
COMMISSIONERS; WILLIAM P. .JACKSON, FINANCE OFFICER; .JAMES REAMS, DEPUTY
SHERIFF; AND VIRGINIA HARGREAVES, DEPUTY CLERK,
THE CHAIRMAN CALLED THE MEETING TO ORDER,
COMMISSIONER DEESON LED THE PLEDGE OF ALLEGIANCE TO THE FLAG,
AND REV. HUGH EILAND, WHO IS ON A LITERARY SABBATICAL, GAVE THE INVOCATION.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRE.:FIONS
..rr-n nr 'ter'. .'' Dr n. t AR TT nC MAMru �.! 1Q 7
TO THE MINUTES ES v� � ► u ..L-.,J�r%1% MEETING .ANG .,. ., 7 .
COMMISSIONER SCHMUCKER REQUESTED THAT THE LAST SENTENCE ON PAGE
14, CONTINUING ON TO PAGE 15, BE CORRECTED TO READ AS FOLLOWS: "IN ORDER
FOR THE DRAGLINE TO WORK, THEY HAD TO BUILD A DIKE, WHICH IS TO BE REMOVED
'AT THE END OF THE PROJECT."
THIS CORRECTION HAVING BEEN MADE., ON MOTION BY COMMISSIONER Loy,
SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE MIN-
UTES OF THE REGULAR MEETING OF MARCH 9, 1977, AS WRITTEN.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLL, CIRCUIT COURT, SPRING
TERM, 1977, IN THE AMOUNT OF $25.00.
THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE
OFFICE OF THE CLERK:
TRAFFIC VIOLATION FINES, COUNTY COURT, FEBRUARY, 1977
REPORT OF CONVICTIONS, CIRCUIT COURT, FEBRUARY 1977
COUNTY WELFARE DEPARTMENT, MONTH OF FEBRUARY, 1977
.JAMES WRIGHT, PRESIDENT OF .JX CONSTRUCTION COMPANY, APPEARED
BEFORE THE BOARD IN REGARD TO THE PROPOSAL SET OUT IN HIS LETTER OF
MARCH 16, 1977,1As FOLLOWS:
29
MAR 2 31977 p f,6.�� ;.� 57
Phone
(305) 562-7381
. 1. constraction Company
Consulting Engineers
March 16, 1977
P. 0. Box 6165
Vero Beach, Florida 32960
Board of County Commissioners
County Court House
Vero Beach, Fl. 32960
i
Ret Sanitary .Lana slil in -ne ovuuLy.
Gentlemen: s
I would like to present a proposal to the Board of County
..Commissioners pertaining to the sanitary land fill.
To satisfy Indian River County land fill needs, I propose
a sanitary land fill with a reclamation program of five
years to take said land fill and produce a Championship
.r 72 Golf Ceurse within a single-family development.
I wi13 meet al.L sta.ndar_ds and requirements of the En- '
viornmental Protection Agency and the Federal Aviation
Agency. And also meet the target date of July 1, 1977.
Sincerely, s
i
James M. Wright e
JMW s jw President
MR. WRIGHT INFORMED THE BOARD THAT HE HAS BUILT GOLF COURSES ALL
THROUGH THE STATES OF TEXAS AND FLORIDA AND FEELS HE HAS A SOLUTION TO THE
SANITARY LANDFILL PROBLEM. HE THEN WENT INTO A TECHNICAL DESCRIPTION OF
THE BUILDING OF A GOLF COURSE AND HOW HE WOULD CONVERT A SANITARY LANDFILL
TO A GOLF COURSE SURROUNDED BY SINGLE-FAMILY HOMES. HE STATED THAT THE
DEVELOPER CAN AFFORD TO -SPEND UP TO $4,000 PER ACRE FOR THIS TYPE OF LAND,
AND THE COUNTY WOULD NOT HAVE TO SPEND ANY MONEY. MR. WRIGHT REQUESTED
THAT THE BOARD ALLOW HIM TWO WEEKS TO GET TOGETHER WITH THE ENVIRONMENTAL
PROTECTION AGENCY AND THE FEDERAL AVIATION ADMINISTRATION TO SUBMIT HIS
t
SITES FOR THEIR APPROVAL. 1
t:
2
MAR 2 3 1977 - ' P=:;'' 9 Zg
F
CHAIRMAN IODTKE INQUIRED WHAT SITES MR, WRIG-iT HAD OR WAS
.
CONSIDERING.
MR. WRIGHT STATED THAT HE IS LOOKING, AT THREE DIFFERENT SITES
ON KINGS 'HIGHWAY, AND ONES IN THE SEBASTIAN, VIABASSO AND OSLO AREAS.
HE STATED THAT HE WOULD NEED 300 TO 400 ACRES AND WAS AIMI"NG AT A
CENTRALLY LOCATED PROJECT WHICH HE FELT WOULD BE A BENEFIT TO THE
COUNTY. HE POINTED OUT THAT ALTHOUGH THIS PROJECT 11OULD BE ONLY A
TEMPORARY SOLUTION, YOU COULD PUT THESE GOLF COURSES ALL THE
COUNTY AND STATED THAT HE IS FAMILIAR 111TH EPA REGULAT.ONS.
CHAIRMAN V'IODTKE NOTED THAT HE DID NOT BELIEVE THERE IS ANY
WAY, EVEN IF THE COUNTY WERE INTERESTED IN CARRYING OUT THE SUGGESTED
PROJECT, FOR IT TO BE ACCOMPLISHED IN TIME. HE ASKED MSR. WRIGHT ABOUT
THE POSSIBILITY OF CARRYING OUT SUCH A PROJECT ON THE LAND THE COUNTY
IS CONTEMPLATING USING,
MR. WRIGHT STATED FROM A DEVELOPER'S POINT OF VIEW 190 ACRES
IS NOT ENOUGH AS YOU NEED ABOUT 120 ACRES FOR THE GOLF COURSE WHICH
WOULD ONLY LEAVE 70 TO DEVELOP. dE FELT, HOWEVER, I'i WOULD BE FINE
FOR A MUNICIPAL GOLF COURSE, WHICH HE POINTED OUT IS VERY i 1UCiH " F-ELEu .
COMMISSIONER LOY ASKED WHETHER MR, WRIGHT OWNS ANY LAND IN
INDIAN RIVER COUNTY THAT HE WOULD'ANTICIPATE USING FOR THIS PROJECT,
AND ALSO WHETHER HE IS FAMILIAR WITH THE REGULATIONS IN SETTING UP
A LANDFILL AND HAS HAD ANY EXPERIENCE IN CONVERTING LANDFILL.
MR, WRIGHT STATED THAT HE IS LOOKING FOR THE LAND NOW, AND
WANTED THE BOARD'S APPROVAL BEFORE HE PURCHASED ANY LAND, HE CONTINUED
THAT HE HAS HAD EXPERIENCE IN CONVERTING LANDFILLS IN TENNESSEE, BUT
NOT IN FLORIDA; ALTHOUGH HE HAS BUILT GOLF COURSES ALL OVER FLORIDA.
COMMISSIONER SIEBERT ASKED IF IT WOULD BE FEASIBLE TO PUT IN
A 9 HOLE GOLF COURSE ON THE LAND THE COUNTY IS PRESENTLY LOOKING AT.
MR. WRIGHT POINTED OUT THAT YOU MUST LOOK AT THE TRAFFIC FLOW
AND THIS PROPERTY IS WAY OFF IN ONE CORNER OF THE COUNTY, BUT NOTED
THAT PUBLIC GOLF COURSES CATER TO A LOWER INCOME GROUP AND SOME HAVE
BEEN VERY SUCCESSFUL,
CHAIRMAN WODTKE DISCUSSED THE FEASIBILITY OF THE COUNTY
PUTTING THE LANDFILL ROUGHLY IN CONDITION FOR A GOLF COURSE AS IT IS,
UTILIZED, NOTING THAT WE MUST DIG HOLDING PONDS, ETC,., AS WE GO
3
MAR'231977 59
F
ALONG. HE CONTINUED THAT HE IS NOT SURE A GOLF COURSE ISA, GOOD
OPERATION FOR A COUNTY AND DID NOT BELIEVE'MANY MAKE MONEY,
TSR. WRIGHT STATED HE DID NOT FEEL THE CONTEMPLATED LANDFILL
PROPERTY IS A GOOD DEVELOPMENT AREA, BUT AS A MUNICIPAL- GOLF COURSE
IT MIGHT BE FEASIBLE. HE POINTED OUT THAT WITH HIS PROPOSED PROJECT,
HE WAS TRYING TO JUSTIFY HIS PAYING $4,000 PER ACRE INSTEAD OF THE
COUNTY PAYING $2,000. MR. WRIGHT CONTINUED THAT HE JUST NEEDS A
LITTLE TIME TO GET PERMISSION FROM THE EPA AND OTHER AGENCIES.
CHAIRMAN WODTKE INFORMED HIM THAT OUR' TIME SCHEDULE DEMANDS
AN ANSWER TOMORROW,
ADMIPJISTRATOR .JENNINGS NOTED" THAT HE HAS TALKED WITH ISR.
WRIGHT AND IS IMPRESSED WITH HIS KNOWLEDGE OF GOLF COURSES, BUT FEELS
HE DOES NOT REALIZE WHAT IS INVOLVED WITH THE BUILDING AND OPERATING
OF A LANDFILL. THE ADMINISTRATOR INFORMED THE BQARD THAT OUR ENGINEERS
HAVE LOOKED VERY CAREFULLY AT WAYS TO EVENTUALLY RECLAIM THE LANDFILL
AND RAVE CONSIDERED THE GOLF COURSE PLAN PRESENTED TODAY, BUT IT
WOULD BE VERY MUCH MORE EXPENSIVE THAN THE WAY THEY'ARE PLANNING TO
CONSTRUCT -IT NOW. HE NOTED THAT THE COUNTY HAS ALREADY INVESTED
ABOUT $40,000, AND ALL OF THE LANDFILL PLANS AND TESTS ARE JUST ABOUT
COMPLETE AND WILL SOON BE ADVERTISED FOR PUBLIC HEARINGS. THE ADMINIS-
TRATOR EXPRESSED DOUBT THAT ilR. WRIGHT WOULD BE ABLE TO ACCOMPLISH
IN A FEW WEEKS WHAT HAS TAKEN OUR ENGINEERS MANY MONTHS OF WORK,
MR, WRIGHT ASKED IF THE BOARD WOULD HAVE ANY OBJECTION TO A
PRIVATE LANDFILL. THE BOARD DID NOT HAVE ANY OBJECTION. PSR, WRIGHT
AGREED THAT THE DEVELOPMENT OF THE'LANDFILL INTO'A GOLF COURSE WOULD
BE.MORE EXPENSIVE FOR THE COUNTY, BUT NOT FOR'A'PRIVATE DEVELOPER.
ADMINISTRATOR .JENNINGS SUGGESTED THAT THE COUNTY CONTINUE
FULL SPEED AHEAD WITH THEIR PLANS, BUT THAT r.'IR. WRIGHT ALSO FOLLOW
THROUGH ON HIS PLAN AND DISCOVER INHAT IT TAKES TO GET A LANDFILL
PERMITTED AND IN OPERATION. THE ADMINISTRATOR DID NOT FEEL A PRIVATE
ENTERPRISE GOING INTO THE LANDFILL BUSINESS'111OULD INTERFERE WITH THE
COUNTY S OPERATION AND BELIEVED MR. VIRIGHT'S IDEA WAS WORTHY OF
CONSIDERATION IF ONLY HE HAD APPEARED TEN MONTHS AGO,
COMMISSIOkER SIEBERT STATED THAT HE WOULD BE IN FAVOR OF A
PRIVATE INDIVIDUAL GOING INTO THE LANDFILL BUSINESS,
MAR 231977 m s 6v
MAR 2 3 1977
A
COMMISSION SCHMUCKER NOTED THAT THE ADVANTAGE OF MR. WRIGHT'S
r
PROPOSAL WOULD BE THAT IT WOULD HAVE"A MORE CENTRAL LOCATION, AND
IT IS NOT A LONG TERM OPERATION. HE SUGGESTED THE BOARD CONTINUE
ON THEIR SAME PATH, BUT ALSO LET MR. WRIGHT GO AHEAD AND PURSUE HIS
IDEA; THEN IF MR, WRIGHT HAD OPTIONS ON PROPERTY, OBTAINED THE PROPER
APPROVALS; AND GOT PERFORMANCE .BOND SETTING A CERTAIN DATE, POSSIBLY
THE BOARD COULD CONSIDER LETTING HIM HAVE THIS AS A PRIVATE OPERATION
FOR THE ENTIRE COUNTY FOR A SET'PERIOD AND DISCONTINUE THEIR OPERATION
FOR THAT TIME.
COMMISSIONER L.OY AGREED THAT WHAT 'IRO' WRIGHT PROPOSES IS A
BEAUTIFUL IDEA, BUT DID NOT FEEL THE BOARD COULD COMMIT ANY FUTURE
BOARD -TO SUCH A PROPOSITION.
MR. WRIGHT SAID HE WOULD NOT WANT TO PURSUE HIS PROJECT
WITHOUT THE BOARD'S BLESSING.
IN FURTHER DISCUSSION, IT WAS NOTED THAT MORE INFORMATION
AND FIRM FACTS WERE NEEDED BEFORE GIVING THIS PROPOSAL ANY MORE
CONSIDERATION.
COMMISSIONER SCHMUCKER STATED THAT PIR, WRIGHT CANNOT MAKE
TOO MUCH OF AN INVESTMENT IN'THIS SITUATION WITHOUT SOME SORT OF A
TIME ELEMENT AND ASKED IF THE BOARD COULD ALLOW HIM THREE MONTHS BEFORE
THE LANDFILL IS ACTUALLY OPEN TO GIVE HIM'A CHANCE.TO COME IN WITH
BONDS,"OPTIONS, APPROVALS, ETC,
ATTORNEY COLLINS STATED THAT THE'BOARD MUST CONSIDER EACH
APPLICATION ON ITS OWN MERITS AND CANNOT GIVE AN INDIVIDUAL ANY SORT
OF PREFERENCE. HE CONTINUED THAT MR, WRIGHT AS A PRIVATE INDIVIDUAL
MUST ASSUME THE RISKS INVOLVED, AND STATED HE 'FELT IT'WOULD BE TO"THE
DETRIMENT OF THE -BOARD AND THE CITIZENS OF THE COUNTY TO IN ANY WAY
DEFER MOVING AHEAD ON THE LANDFILL.
ATTORNEY WILLIAM STEIIART APPEARED. REPRESENTING THE INDIAN
RIVER COUNTY HOSPITAL DISTRICT TO DISCUSS THE DRAINAGE FACILITY T14F..
HOSPITAL NEEDS'AT ITS NEW SITE. 1R. STEWART STATED THAT THE HOSPITAL
WAS ORIGINALLY GOING TO ACQUIRE LAND FOR THIS PURPOSE, BUT ON LEARNING
THAT BARBER AVENUE WAS TO BE BUILT DID''NOT WANT TO CONFLICT. HE CON-
TINUED THAT THEY MET WITH THE DOT IN. 1975 AND A TENTATIVE AGREEMENT
WAS MADE TO COMBINE ARRANGEMENTS FOR DRAINAGE AND THE ROAD, AND IN
APRIL OF 1975 THE HOSPITAL TRUSTEES AGREED TO DONATE 75' ON THEIR
5
61
J
NORTHERN BOUNDARY TO THE DOT FOR ROAD AND DRAI14AGE RIGHT-OF-WAY,
R
ATTORNEY STEWART STATED THAT A LETTER WAS WRITTEN -TO THE BOARD INDI-
CATING THERE WERE THREE ITEMS THE HOSPITAL WAS CONCERNED ABOUT IN
REGARD TO DONATING THIS PROPERTY" (1) THAT IF BARBER AVENUE WAS
NOT BUILT- THE PROPERTY WOULD REVERT TO THE HOSPITAL; (2) THAT
THE DRAINAGE WOULD BE SUFFICIENT FOR THEIR PURPOSES; AND (3) THAT
THE COUNTY GIVE THEM SOME ASSURANCE THE DRAINAGE FACILITY h1OULD BE
CONSTRUCTED BY THE COUNTY BEFORE THE"HOSPITAL WAS FINISHED,
ATTORNEY STEWART CG,iTINUED THAT IN NOVEMBER OF,1976, THEIR
ENGINEERS REVIEWED THE ROAD PLANS AND DETERMINED THE DRAINAGE MOULD
BE SUFFICIENT, AND IN JANUARY OF 1977 THE HOSPITAL'S DEED TO THE DOT
WAS GIVEN TO THE COUNTY TO BE DELIVERED WITH .THE ASSURANCE THAT THE
COUNTY WOULD BUILD THE DRAINAGE FACILITY. HE STATED THE WHOLE THEORY
BEHIND THIS WAS THAT THE DOT WANTED SOME ROAD RIGHT-OF-WAY AND FOR
AN EXCHANGE THEY MOULD INCORPORATE THE DRAINAGE INTO THE ROAD BUILDING.
ATTORNEY STEWART SAID HE UNDERSTANDS THERE IS NOW SOME PROBLEM RELATING
TO THE CONSTRUCTION OF THE DITCH BY THE COUNTY, AND HE IS HERE TO
DETERMINE WHAT THE HOSPITAL BOARD CAN EXPECT IN REGARD TO THIS
DRAINAGE FACILITY.
COMMISSIONER SIEBERT STATED THAT HE DID NOT UNDERSTAND WHERE
ANYONE EVER GOT THE IMPRESSION THAT BARBER AVENUE MIGHT NOT EVER BE
BUILT AS HE DOES NOT FEEL THERE WAS EVER ANY (QUESTION ABOUT IT.
COMMISSIONERLOY INFORMED ATTORNEY STEWART THAT THERE IS NO
QUESTION THAT THE DRAINAGE WILL BE BUILT; THE HOSPITAL MUST HAVE IT,
AND THE COUNTY NEEDS IT FOR THE ROAD, BUT THE QUESTION IS WHEN. SHE
NOTED THAT ONCE THE DEEDS ARE CLEARED AND WE HAVE THE RIGHT-OF-WAY,
IT WILL BE DONE, THE PROBLEM IS THAT THE COUNTY EQUIPMENT NOW IS
NEEDED FOR WORK ON THE LANDFILL SITE.
ADMINISTRATOR JENNINGS REVIEWED THE HISTORY OF 40W HE WORKED
WITH THE DOT OVER THE' LAST 2 YEARS TO' TR4'•TO ARRANGE SOME IHAY FOR
THIS DRAINAGE TO BE PROVIDED BY THE TIME'THE HOSPITAL OPENED, ASKING
THEM TO LET A MINI -CONTRACT AHEAD OF THE OVERALL ROAD CONSTRUCTION
FOR THIS PURPOSE,TO.WHICH THEY AGREED, AND ALSO ASKING IF WE COULD
TAKE COUNTY EQUIPMENT IPJ AND OPEN UP SOME KIND OF DITCH WHICH WAS
ALSO AGREED TO BY THE DOT AND THE BOARD, THE ADMINISTRATOR POINTED
OUT THAT HE NOW FEELS BECAUSE OF THE REQUIREMENTS OF -THE SANITARY
LANDFILL, THIS WORK MUST b3E DONE EITHER BY A MINI -CONTRACT OR THE
A
11AR 2 3 19 77
REGULAR DOT CONTRACT AS THE COUNTY EQUIPP^ENT IS TIED UP AND WE WOULD
HAVE TO HIRE EQUIPMENT.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THE DEEDS
RECEIVED FROM THE HOSPITAL AND VERO MED WERE TAKEN TO THE DOT ON THE
15TH TO BE REVIEWED AS HE DID NOT FEEL THEY SHOULD BE PRESENTED TO
THE BOARD UNTIL WE LEARN WHAT THE DOT FEELS ABOUT THEM. HE CONTINUED
THAT BARBER AVENUE WILL BE BUILT AND THE DITCHES CUT, BUT NOT UNTIL
ALL OF THE•RIGHTS-OF-,9AY ARE ACQUIRED, NOT JUST THE HOSPITAL'S
DISCUSSION FOLLOWED AS TO THE REMAINING RIGHTS-OF-WAY THAT
NEED TO BE ACQUIRED.
ATTORNEY STEWART POINTED OUT THAT THE HOSPITAL IS LEFT IN AN
AWKWARD SITUATION AND ASKED WHETHER THEY SHOULD TAKE CONTROL OF THEIR
OWN SITUATION; CONDEMN T14E PROPERTY AND DIG.THE DITCH; OR SHOULD THEY
JUST WAIT SOME MORE,
ADMINISTRATOR JENNINGS COMMENTED'THAT IF THE HOSPITAL GOES
AHEAD AND GETS THEIR 01,1RDRAINAGE EASEMENTS AND WORKS IT OUT WITH THE
DER TO RUN THE DRAINAGE INTO THE RIVER, POSSIBLY THAT IS THE WAY TO
60, BUT POINTED OUT IF THE EASEMENTS WERE COMPLETE AND WERE TURNED
OVER TO THE BOARD, WE WOULDN'T EVEN HAVE TO GO THROUGH DOT EXCEPT IT
WOULD BEAN ADVANTAGE I14 GOING THROUGH THE ENVIRONMENTAL REGULATIONS.
COMMISSIONER SIEBERT INQUIRED IF THE MAIN ENTRANCE TO THE
HOSPITAL WILL BE THE ACCESS. ROAD.OR.BARBER AVENUE, AND ATTORNEY
STEWART FELT IT ULTIMATELY WILL BE OFF BARBER AVENUE.
CHAIRMAN WODTKE ASKED IF IT IS NECESSARY FOR THE DOT TO
HAVE DEEDS FOR THE 20' OR THE ENTIRE 75' IN ORDER FOR THE DOT TO LET
A MINI -CONTRACT.
ADMINISTRATOR JENNINGS STATED THE 20' IS SEPARATE AND YOU
COULD JUST BUILD ON THE 20', BUT IT WOULD BE MORE LOGICAL TO LET
THE CONTRACT FOR THE DRAINAGE YOU ARE GOING TO NEED WHEN YOU BUILD
THE WHOLE PROJECT RATHER THAN HAVE TWO SEPARATE OPERATIONS. THIS
CANNOT BE DONE, HOWEVER, UNTIL.YOU HAVE ALL THE RIGHTS-OF-WAY.
ATTORNEY STEWART INFORMED THE BOARD THAT THE HOSPITAL WOULD
LIKE TO HAVE THE DRAINAGE OPEN WHEN THEY ACCEPT THE BUILDING FROM THE
CONTRACTOR, HOPEFULLY SOMETIME IN JUNE OR JULY.
7
MAR 31977 0 2SAl4
., 63
L
THE ADMINISTRATOR SUGGESTED THAT BEFORE THE NEXT MEETING, HE TRY
TO FIND OUT FROM THE DOT WHAT WE CAN DO TO GET ANY KIND OF A DRAINAGE
FACILITY OPEN FROM THE HOSPITAL TO THE RIVER AND THE EARLIEST POSSIBLE WAY
IT CAN BE OPENED UP. HE DID NOT BELIEVE EVEN BY A MINI -CONTRACT 1HAT.IT
COULD BE DONE BY AUGUST. ;
CHAIRMAN WODTKE INSTRUCTED ADMINISTRATOR .JENNINGS TO GO TO FORT
LAUDERL-ALE AS EARLY AS POSSIBLE TO SEE WHAT ALTERNATIVES ARE AVAILABLE TO
THE COUNTY FOR THE HOSPITAL DPAINAGE. HE NOTED THAT IN THE MEANTIME WE
SHOULD BE GETTING A REPORT BACK FROM THE DOT ON THE DEEDS FROM THE HOSPITAL
AND VERO MED AND THIS CAN BE DISCUSSED AT OUR NEXT MEETING,
ADMINISTRATOR JENNINGS PRESENTED TO THE BOARD DOT RIGHT-OF-WAY
RESOLUTION AND CONTRACT FOR REPAIR WORK TO BE DONE OUT ON ROUTE 60. HE
NOTED THAT THIS IS THEIR STANDARD RESOLUTION AND CONTRACT,
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT,
THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 77-27 RE SECTION 88060-2510
ON STATE ROAD N0. 60.
MAR 2 31977
f3 Ur 29 .i tt 64
FORM 179-08 STATE OF Y'l_Ofrf:3A 0trARTNILE FT O,+ Tk ANSPORTiNTIOP1
8.71 RICE IT Oe WAY ,"IESOLUTION 83060-2510
WHEREAS, pursuant to due authorization, the State Highway Engineer has hada part of State
Road No. t.0 , in 171" 1 7'r PiCounty located and surv,;,,ed
and has designated same as Section :' C�� rsift , and has prepared a Map of
Survey and Location of that portion of said Section inciutbi ig Bridge Nuriber 880000
and &jypro aahos in Section 26, aOc;lnSUP 32 50tat li, Ranvo 35 East
NOW, THPREFORE, BE IT RESOLVED by the STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION that it hereby approves the location and survey of said portion of said Section
as shown on said map and directs that a copy of said map, certified by the Director of Administration,
attested by the Executive Secretary, be filed in the Office of the Clerk of the Circuit Court of said
County; and
BE IT FURTHER RESOLVED that it is the judgment of the STATE OF FLORIDA DEPART-
MENT OF TRANSPORTATION that the construction of said portion of said Section is necessary.
practical and to the best interest of the State, and that it is necessary that the right of way for the
roadbed and borrow pits for said portion of said Section be acquired in fee simple and a perpetual
easement shall be acquired for Drainage Ditches; and the Department is authorized to acquire the
same by gift, purchase or condemnation; and
BE IT FURTHER RESOLVED by the Department that said County be, and it is hereby requested
and authorized, to secure by gift, purchase or condemnation the lands necessary for the right of way
for the roadbed for said portion of said Section as shown. on the official right of way map of said
Section, together with any and all construction easements, borrow pits and easements for drainage
ditches that may hereafter be found and determined necessary in the construction and maintenance
of said portion of said Section, said land to be free of legal and physical encumbrances; and
BE IT FURTHER RESOLVED, that in the event the County agrees to secure the right of wayy
for the roadbed, ditches and borrow pits for said portion of said Section, that the Director of Ad-
ministration of the Department is hereby authorized to execute for the Department the usual Right
of play Contract with the County.
DATED: aA�P_4 10, /g ii
(SEAL)
AR 2 3 19 77
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
Secretary of Transportation
w
ATTEST: - s
EXCCUYjk Secretary
Fra fg 29
Rev. 11--75
COUNTY COMMISSIONERS RESOLUTION 8800-2510
On motion of Commissioner Loy
seconded by Commissioner Siebert , the following
resolution was adopted:
WHEFEAS, the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
has authorized and requested �, Rze� County
to furnish the necessary rights of way, borrow pits and easements
for that portion of Section 88060-25"O including Bridge Number
8800'00 and approaches in Secticn 26, T'otmehip 32 South, Ranr , 35
East
which has been surveyed and located by the STATE OF FLORIDA DEPART-
MENT OF TRANSPORTATION as shown by a map on file in the Office of
the Officer designated by law as the recorder for said County, and
in the office of the said Department at Tallahassee, and
WHEREAS, the said Department will not begin construction
of. -said portion of said Section in said County until title to all
land necessary for said portion of said Section has been conveyed to
or vested in said State by said County, and said lands are physically
cleared of all.occupants, tenants, fences, buildings, and/or other
structures and improvements upon or encroaching within the limits of
the land required for said portion of said Section; and
WHEREAS, the said County is financially unable at this
time to provide the necessary funds to acquire said rights of way,
borrow pits and easements; now therefore, be it
RESOLVED, that the STATE OF FLORIDA DEPARTMENT OF TRANS-
PORTATION be and it is hereby requested to pay for the rights of
way, borrow pits and easements for said road, including the removal
of buildings, fences and other structures and improvements thereon,
utility relocations and for other Expenses of acquiring title to
said rights of way, borrow pits and easements by purchase or condem-
nation, from proceeds of State of Florida Department of General
Services bonds or secondary gasoline tax funds (Article XII, Section
9 (4), of Florida Constitution, and Section 335.041, Florida
Statutes, as amended), whichever is available, under conditions set
forth in the contract, o`f which this resolution forms a part;
and be it further
MAR 231977
RESOLVED, that said County through its Board of County
Commissioners, comply with the request of said Department and pro-
cure, convey or vest°in said State the free, clear and unencumbered
title to all lands necessary for said portion of said Section, and
deliver to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION said
lands physically clear of all occupants tenants, fences, buildings
and/or other structures and improvements situate upon or encroaching
within the limits of the lands required for said portion of said
Section and that the Chairman and the Clerk of the Board be and t,iey
a_•3 hereby authorized and directed to execute and deliver on behalf
of said County to said Department the Contract in the form hereto
attached;
STATE OF FLORIDA )
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that the foregoing is a true and correct
copy'of resolution passed by the Board of County Commissioners of
Indian River
County, Florida, at a meeting held the
,3.1-dday ofMar.�b_ __�, A. D. , 19 77 , ar.-� recorded in
the Commissioners minutes.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal this 23rd day of March , A. D. 19 77
..(SEAL) C c.
Clerk of the Board ofCCounty
Commissioners
-2-
29 67
MAR 23 1977t
Rev. 11-75
RIGHT OF WAY CONTRACT g 060-2510
PROVIDING FOR USE OF SECONDARY GASOLINE TAX FUND
OR
STATE OF FLORIDA DEPARTMENT OF GENERAL SERVICES BOND FUNDS
THIS AGREEMENT made and entered into this 23rd day of
March' , 19 77 ► by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,
hereinafter called the "Department", and the COUNTY OF ,TEMAN RISE ►
.a Political Subdivision of the State of Florida, hereinafter called'
the "County",
W I T N E S S E T H:
ri
WHEREAS, -the Legislature of Florida has designated and
established State Road No. Go and the Department has located
and surveyed a part of said Road designated as 88460-2510L ►
and.has prepared a Map of Survey and Location covering that portion
of said Section including Bridcre M mber 880408 and a.nproachen-in�
Section 26, Township 32 South, Ranee 35 East _ ---
in said County, as shown on a map, duly certified as provided by law,
on file in the office of the Department of Transportation, Tallahassee,
Flgrida, and on file in the Office of the Official designated by law
as the recorder for said*County, and in the judgment of the Depart-
ment said location and survey have been found to be practicable,
necessary and to the best interest of the State, and
WHEREAS, the Department has requested and authorized said
County to secure by donation or purchase, if possible, the lands and
property necessary for such right of way, borrow pits and drainage
easements for said portion of said Section, and such as may here-
after be found necessary.by the Department for said portion of said
Section, and
WHEREAS, the County is financially unable at this time to
provide the necessary funds from local sources to acquire the right
of way, borrow pits and drainage easements, and
WHEREAS, the Boa -rd of County Commissioners of said County,
at a meeting duly called and held on the day of ►
A. D., 19 erl Adopted a resolution, a copy of which is attached here -
MAR 2 31977 ttok Cu �,A.g 68
to as Exhibit "A" and made a part hereof, signifying its agreement
to comply with the'Department's said request, requesting the Depart-
ment to pay for acquiring said lands for right of way, borrow pits
and drainage easements from funds which have been or may be remitted
to the uepartment under provisions of Article XII, Section 9.(4), of
the Florida Constitution, and Section 335.041, Florida Statutes, as
amended, for expenditure solely -within the County, or from proceeds
of the State of Florida Department c.,` General Services bonds issued
for the purpose of constructing this project, and authorising its
Chairman and its Clerk, on its behalf, to execute this Contract;
NOW, THEREFORE, for and in consideration of the premises
and of the mutual undertakings hereinafter set forth, the parties
mutually covenant and agree as follows:
1. The County shall forthwith furnish the Department with
a title search made by a reliable Abstractor or Abstract Company
showing the present ownership and record description of each parcel
of land over which said right of wad, bo -,.row pits and/or easements
extend, togPthPr with all unsatisfied or outstanding recorded liens
or encumbrances, leases and tax deeds, tax liens and tax certificates,
or other interests, including possessive interests. Thereupon the
Department shall prepare and furnish to the County the descriptions
of said rights of way, borrow pits and/or easements to be acquired for
each of the several parcels of land, or interests therein as shown
by said title search. The furnishing of said descriptions shall be
solely for the assistance of the County and nothing in this paragraph
shall be taken or construed as the Department's acceptance of the
title, or quality of the title, to the land or easements shown, and
shall not release or relieve the County of its agreement herein to
furnish the Department free, clear and unencumbered title to the
land required for said right of way, borrow pits and 'easements, or
from any of its covenants hereunder.
2. After the Department has furnished the County said descrip-
tion, the County shall proceed, out of the funds specified below,
to acquire either by donation or purchase the free, clear and unen-
cumbered title to the land so required as aforesaid for said portion
-2-
�.,iR 6v
MAR 2 3 1977
of said Section by the Department for said rights of way, borrow
pits and easements; convey or vest the same: to or in the State of
Florida for the use of the State of Florida Department of Transpor-
tation, by good and sufficient deed or deeds, and deliver to the
Department said land physically clear of all occupants, tenants,
fences, buildings and/or other structurr:s and improvements situate
upon or encroaching within the limits of the lands required for said
portion of said Section and shall have adjusted or'secure arrangements
for the adjustment of all sanitary and/or storm sewers, gas mains,
meter, water mains, fire hydrants, pipes, poles, wires, cables,
conduits, and other utilities and facilities situate or encroaching
upon said land. Any land to which the County has heretofore acquired
free, clear and unencumbered title, which may be necessary for said
rights of way, borrow pits and/or easements, shall be conveyed by
the County to the State for the said use under the provisions of
this section.
Upon comnletio_^_, the County shall make a ceri:if:icate to
the Department stating for each parcel and instruments vesting the
free, clear and unencumbered title thereto in the State and certify-
ing the removal of all occupants, tenants, fences, buildings and/or
other structures and improvements and adjustment ofallfacilities
and certifying that the free, clear and unencumbered title thereto
is vested in the State and that all physical encumbrances are removed
and that said rights of way are ready for construction of said por-
tion of said Section.
3. in'those instances where the County is unable to acquire,
either by donation or purchase the lands and property necessary for
such right of way, borrow pits and drainage easements for said por-
tion of said Section, and such as may hereafter be found necessary by
the Department for said portion of said Section, the County shall
notify the Department of the necessity for condemnation proceedings.
The Department shall then, at its sole option, either condemn the
lands or authorize the County to do so. In those cases where the
Department authorizes the County to handle the condemnation proceed-
ings, the County shall make a certificate to the Department stating
-3-
�
9 V. PM
` f 4-
P
MAR 2 319` 7
J.or each parcel condemned the instruments vesting the free, clear 'n-16
unencumbQred title°thereto in the State and certifying the removal of
all occupants, tenants, fences, buildings and/or other structures and
I
improvements and adjustments -of all facilities and certifying that the
free, clear and unencumbered title thereto is vested in the State
and than all physical encumbrances are removed and that said rights
of way are ready for construction of said portion of said Section.
4. ::ommencing with the date when the Department shall
begin construction operations ?n said portion of said Section, and
at all times thereafter for so long as said portion of said Section
shall continue to be a part of the State System of Roads the County,
solely at its own expense, shall save, defend and keep the State of
Florida, and the Department, its officers, employees and contractors
harmless from any and all damages, claims or injuries, actions at
law or suits in equity arising from or growing out of any defect -or
alleged defect affecting the title or right of possession of the
State of f lorida for the use of said road, to any portions of the
lards, borrow pits and easements acquired by the County and required
by the Department for said portion of said Section as aforesaid, or
because of the lack of title or right of possession thereto or by
reason of encumbrances thereon, or failure to have removed occupants,
tenants, fences, buildings and/or other structures and improvements
or made or caused to be made adjustments of utilities and facilities
thereon, and the County agrees to pay and discharge.all lawful
claims, damages, judgments, decrees and any other expenses arising
from or growing out of such claims, injuries, actions or suits.
5. The Department agrees, at the direction of the County,
by resolution attached hereto and made a part hereof, to pay for
items set forth in. Paragraph 7 below; either from proceeds of State
of Florida Department of General Services bonds issued for the pur-
pose of construction this project, or from secondary gasoline tax
funds (Article XII, Section 9(4), of the Florida Constitution, and
Section 335.041, Florida.Statutes, as amended).
6. The County agrees that its acquisition of said rights
of way, borrow pits and easements shall be conducted under supervision
. r4-
�tPiir �tid r'�et
MAR 2 31977 l
of the Department. Upon receipt of the necessary and proper infor-
mation from the County, the Department shall prepare requisitions
a
for payment out of said funds directly to the proper persons for the f
items set forth in Paragraph 7.
7. The purchase or condemnation of the lands or interest¢-
required for rights of way, borrow pits and/or drainage easements
for said portion of said Section as aforesaid shall be paid for in
the following manner:
An appraisal shall be prepared of costs and damages
required for the*acqu?sition of the lands and ease-
ments ,.-nd the clearing of the right of way of all,
physical obstructions which shall be approved by
the Department. After the appraisal is thus approved,
expenditures of said funds will be approved for the
following purposes and in the following amounts:
1. Payment of the price for the parcels of land or
easements arrived at either by negotiation or
by awards in condemnation including relocation
assistance as applicable under Department policies
and regulations.
2. The costs of title search and other title infor-
mation up to such amount as may be approved by
the Department.
3. The costs of the appraisal up to such amount as
may be approyed by the Department, provided the
appraiser is approved by the Department before
he is employed.
4. The compensation to be paid to the County Attorney,
if applicable, handling the condemnation proceedings
shall be a reasonable fee, as determined by the
County Commissioners and approved by proper resolu-
tion, which shall, in all. cases, be subject to
approval by the State of Florida Department of
Transportation.
5. Payment into the Registry of the Court of amount
set out in Order of Taking, if proceedings are
instituted under Chapter 74, Florida Statutes.
The County agrees not to stipulate for or.agree
to expenditure of funds from this deposit without
approval of same. by the Department, and further
agrees that money so deposited shall be used only
for the payment of awards of compensation to pro-
perty owners; and the County further agrees to
reimburse the Department for any money expended
from said deposit for any other purpose.
IN WITNESS WHEREOF, the Department has caused this Agreement
to be executed in quadruplicate by its Director of Administration
and Executive Secretary, and its official seal to be affixed; and
d '
72
-5-
MAR 2 31977
the County has caused it to be executed by its Chairman and its
Clerk, and its official seal to be affixed, the day and year first
above written.
i
' ! i
Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT OF
in the presence of: TRANSPORTATION
BY:
Director of Administration
'
ATTEST:- (SEAL)
As to thA Department Executive Secretary
COUNTY OF INDIAN RIVET: ► FLORIDA
BY:
Chairman
lliLt� ATTEST: ILL %� �"` r �Y (SEAT,) I
As to the County Clerk of the Board of LCounty
Commissioners
1
MAR -231977
•j �� _ 73
F t
ATTORNEY COLLINS DISCUSSED 1,11TH THE BOARD RESOLUTION AND
RELEASE OF EASEMENT TO `IONTE IANN AND DONNA L. MANN, WHICH WERE i
AUTHORIZED TO BE PREPARED AT THE MEETING OF FEBRUARY 23, 1977. HE
i
NOTED THAT THESE INSTRUMENTS ARE SATISFACTORY EXCEPT THAT IN BOTH
LEGAL DESCRIPTIONS THE REAR LOT LINE EASEMENTS ARE MISTAKENLY '
DESCRIBED AS 5 FEET 'WHICH SHOULD BE CORRECTED TO READ 11J FEET.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUzn-Y ADOPTED RESOLUTION 77-28 AS
i
CORRECTED.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
i
Loy, THE BOARD UNANIMOUSLY APPROVED THE RELEASE OF EASEMENT AS
i
CORRECTED AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. i
MA -0 2 3 19 77
18
29��f74
r.
� s �
RESOLUTION NO. 77-28
p
WIIEREAS, the Board of County Commissioners of Indian River
County, Florida have been requested to release the rear lot line
easements, lying on the rear_•of the rear lot lines of Lots 1 &•lA,
and the side lot easements, lying on either side of the side lot lines
of Lots 2 & 3, and the North side lot line of Lot 4, of Block D, Unit
2, OSLO PARK SUBDIVISION, as recorded in Plat.Book 4, page 13, Public
records of Indian -River County, Florida; and
WHEREAS, said 5 foot side lot line easements were dedicated
on the Plat of said OSLO PARK SUBDIVISION for public utility purposes;
and
WHEREAS, the request for such release for easement has been
submitted in proper form;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following rear &
side lot line easements in OSLO PARK SUBDIVISION shall. be released,
abandoned and vacated as follows:
The rear lot line easements being 10 feet along the South line
of Lots 1 &'lA, Block D, and the side lot easements being 5
feet along the North and South line of Lots 2 & 3, Block D,
and 5 feet along the North line of Lot 4, Block D, Unit 2,
OSLO PARK SUBDIVISION, as recorded in Plat Book 4, page 13,
Public records of Indian River County, Florida;
BE IT FURTHER RESOLVED that the Chairman of the Board of
County Commissioners and theClerkof the Circuit Court be, and they
are hereby authorized and directed to execute a release of said lot
line easements* hereinabove referred to in form proper for recording
.and placing in the Public Records of Indian River County, Florida.
This 23rd day of March ,.1977.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN
'� RIVER COUNTY, • LORIDA
BY /l� e.,t!it�4_4'M t�
William C. Wodtke, ., Chairman
Attest:
Clerk
o
MAR 2 31977
RELEASE OF EASEMENT
This Release of Easement executed this 23 day of February ,
1977, by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY,.FLORIDA, a Polotical Subdivision of the State of Florida,
first party, to MONTE MANN AND DONNA L. MANN, his wife, whose
address is Rt 1 Box 52, Vero Beach, Florida, party of the second part,
WITNESSETH:
-That the said party of the first part for and in consideration
of the sum of ONE ($1.00) DOLLAR and other good and. valuable con-
sideration in hand paid by the said second party, does hereby remise,
release, abandon and quit claim unto the second party forever, all the
right, title, interest, claim and demand which the said first party has
in and to the following described easement, lying on land situate in the
County of Indian River and State of Florida, to -wit:
The.rear lot line easements being 10 feet, lying on the rear of the
rear lot lines of Lots 1 & 1A, and the side lot easements being 5
feet, lying on.either side of the side lot lines of Lots 2 & 3,
and the North side lot line of Lot 4, of B_=ck D, Unit 2,
OSLO PARK £ULDIVISION, recorded in Flat Book 4, page 13, Public
records of Indian River County, Florida.
TO HAVE AND TO HOLD the same with all and singular the
appurtenances thereunto belonging or in anywise appertaining and all
the estate, right, title, interest, equity and claim whatsoever of the
said first party either in law or equity to the only proper use, benefit
and behoof of the said second party forever.
IN WITNESS WHEREOF, the said first party has signed_ and sealed
these presents by the parties so authorized by law the,day and
year first above written.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY Y4
William C. Wodtke, Jr Chairman
Attest: 1A. Aj
lerk
JI
MAR 2 3197 ;n��, 29 E. 76
Signed, sealed aL}d delivered
in the presence of:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER i
I HEREBY CERTIFY that on this day before me# an officer duly
authorized in the State aforesaid and the County of aforesaid to take
acknowledgments, personally appeared WILLIAM C. WODTKE, JR.,
as Chairman of the Board of County Commissioners of Indian River
County, Florida, a Political Subdivision in the State of Florida, and
'FREDA WRIGHT, as Clerk of the Circuit Court, to me known to be the
persons duly authorized by said County to execute the foregoing instru-
ment, and they acknowledged before me that they executed the same
for and on behalf of said Political Subdivis?.^n.
WITNESS my hand and seal in the County and State last aforesaid
this PZ5 day of 772 at�e-Z , 1977.
• s
Notary Public, State of F rida at,Large.
My Commission Expires:
NOTARY PUBLIC STATE OF FLORIDA AT LARGB j
(Notary Seal MY ONDED THRU COMMISSIONGENERAL
INSURANCE UNDERWRITERS
IkA
MAR 2 31977
29 ?7
J
SAM SHANiJON, EXECUTIVE DIRECTOR OF TREASURE COAST REGIONAL
PLANNING COUNCIL, APPEARED TO DISCUSS THE'ADOPTION OF A RESOLUTION
PURSUANT TO SECTION 208 OF THE FEDERAL WATER POLLUTION CONTROL ACT
AMENDMENTS OF 1972 WHEREBY INDIAN RIVER COUNTY WOULD JOIN lARTIN AND
ST. LUCIE COUNTIES IN THE TREASURE COAST PLANNING AREA AS A DESIGNATED
AREA. HE EXPLAINED THAT THE 203 PROGRAM IS AINATER QUALITY PLANNING
PROGRAM, AND IT WAS ORGINALLY IDEM' iFIED ONLY WITH URBAN AREAS, 14HICH
IS WHY PALM BEACH COUNTY IS ALREADY A DESIGNATED AREA. I- HAS NOW,
HOWEVER, BEEN CHANGED TO'A STATEWIDE PROGRAM. MR. SHANNON CONTINUED
THAT THIS PROGRAM IS FEDERALLY ADMINISTERED BY THE ENVIRONMENTAL
PROTECTION ,AGENCY; IT IS A MANDATED PROGRAM AND IF DESIGNATION IS NOT
REQUESTED AND RECEIVED FORA LOCAL AREAWIDE AGENCY, THE DEPARTMENT OF
ENVIRONMENTAL REGULATION WILL ASSUME RESPONSIBILITY FOR THE AREA,
COMMISSIONER SCHMUCKER NOTED THAT THIS PROGRAM IS TO BE ON THE
BASIS OF 100% FEDERAL FUNDING,
MR. SHANNON STATED THAT TL;_S IS A VERY EXPENSIVE PROGRAM, AND IF
1T WFRE NOT ION/. �-t--DERAL LY FUNDED; COUL_n 13ECOMF VERY COSTLY TO THE COUNTY,
COMMISSIONER SIEBERT NOTED THAT THE IDD% FUNDING IS NOT INCLUDED
IN THE RESOLUTION, AND HE FELT IF VIE ADOPT THE RESOLUTION IT SHOULD BE
ON A BASIS OF 100 FUNDING AND INE NOT COMMIT OURSELVES FOR ANYTHING
BEYOND THAT. HE STATED THAT IF WE DO NOT JOIN WITH MARTIN AND ST,
LUCIE COUNTIES, HE FELT OUR CHANCES OF BEING DESIGNATED AS A SEPARATE
AREA ARE ABOUT NIL, AND THEN THE DER WILL DO OUR PLANNING FOR US,
�l COMMISSIONER SIEBERT NOTED THAT THIS PROGRAM IS NOT ONLY TO IDENTIFY
I
OUR PROBLEM AREAS, BUT IS ALSO A PLAN ON HOW TO SOLVE THE PROBLEMS,
WHICH SOLUTIONS MUST BE IMPLEMENTED, AND TO DATE -THERE IS NO MONEY
I
' FOR IMPLEMENTATION. HE FELT IT ALL BOILS DOWN TO WHETHER TO LET
THE DER COME IN AND DO THE PLANNING FOR US OR WHETHER TO DO IT
OURSELVES AND THEN LOOK FOR THE MONEY TO IMPLEMENT IT,
I DISCUSSION:CONTINUED' IN -REGARD TO'THE -RISK OF -ONLY- RECEIVING
i
.775% FUNDING IN ANY EVENT, AND COMMISSIONER-SCHMUCKER SAID HE FELT THE
BEST THING TO DO AT THIS TIME WOULD BE TO GET IN ON THE PROGRAM UNDER
j OUR OWN CONTROL AND OUR OVIN ORGANIZATION.
22
MAR 23 1977
P
MARVIN CARTER OF THE COASTAL ZONE MANAGEMENT ADVISORY COMMITTEE
INFORMED THE BOARD THAT THEY RECOMMEND ACCEPTING THE RESOLUTION UNDER
DISCUSSION,
CHAIRMAN 140DTKE STATED THAT HE HAS RECEIVED A LETTER FROM THE
INDIAN RIVER CITRUS LEAGUE ENDORSING LOCAL PARTICIPATION IN IMPLEMENTING
SECTION 208 AND THE ADOPTION OF THE RESOLUTION, $AID LETTER IS HEREBY MADE
A PART OF THE MINUTES,
23
MAR 2 3 19 77 ff ^t 29 9
s��FRTIF!& -
;q
IFd►NAN
S RIVER
:Q FRU11 a
of
P
e�PER GI4Re5 �
OFFICERS
HUGH E. RUSSELL
Chairman of the Board
PAUL ROBERTSON
Vice -Chairman
COLA B. STREETMAN
President
ALBIN P. CRUTCHFIELD
Vice -President
ANTHONY SCOTTO
Vice -President
J. J: PARRISH, JR.
Vice •sident
C. M. SERAPHINE
Secretary -Treasurer
JAMES E. HUFF
Executive Vice -President
M. R. BUCKALEW
SPecial Consultant
DIRECTORS
BEN F. BAILEY, JR.
Vero Beach
LESTER D. BAKER
Wabasso
ALBIN P. CRUTCHFIELD
Wabasso
J. V. D'ALBO,RA, JR.
Cocoa
PAUL J. DRISCOLL
Fort Pierce
CARL S. FETZER, JR.
Vero Beach
Pi::L:P C. GATES
Fort Pierce
GEORGE F. HAMNER
Vero Beach
D. VICTOR KNIGHT
Vero Beach
J. J. PARRISH, JR.
Titusville
F. EARL PEPPERCORN
Winter Park 1
PAUL ROBERTSON
Vero Beach
HARRY ROBINSON
North Palm Beach
HUGH E. RUSSELL
Vero Beach
ANTHONYSCOTTO
Fort Pierce
RANDY SEXTON
Vero Beach
COLA B.STREETMAN
Vero Beach
"TO PROtECT, UPHOLD, AND ENHANCE THE PRESTIGE OF THE TERM 'INDIAN RIVER'."
F I N D IAN RIVER
P. 0. BOX 519 7150 20th STREET
VERO BEACH, FLORIDA 32960
TELEPHONE: 562-2728 OR 567.3608, LABOR DIVISION TELEPHONE: 567-2983
March 21, 1977 1
Honorable William C. Wodtke, Jr., Chairman
Indian River County Commission 0 �AR�411, c
Indian River County Courthouse k
14th Avenue F��CEIoVero Beach, Florida 32960 Iwo IONEAs
COMDear Bill: /, _ IAII,
The Indian River Citrus League's Board of Directors, at
its March 18, 1977 meeting, went on record as endorsing
a program of local participation in implementing Section
208 of the Federal Water Pollution Control Act Amendment
of 1972. It was the Board's feeling that we must take
every opportunity to maintain local enactment of this
law. This would insure a more equitable implementation
of the law than could be accomplished from state planning.
Also, local participation in this program would conform
to the type of planning that is being done in other areas
along the Indian River.
We urge that the Commission go on record, by resolution
to the Governor, as favoring the local or regional agency
as the one designated to implement the Section 208.planning
program, as required by law.
Consideration by the Commission of our request is greatly
apps eciated. if you, or any of the Commissioners, have
any questions, please let us know.
Thank you for your usual cooperation.
With warmest reaards.
ff,
'ice President
JEH:ef
cc: Honorable Alma Lee Loy, Vice Chairman
Honorable Willard W. Siebert, Jr.
Honorable Edwin S. Schmuker
Honorable R. Don Deeson
"The term'INDIAN RIVER' when used to describe fire origin of Citrus Fruit refers to a territory on the East Coast of Florioa, along tire Indian Rive,"
—Federal Trade Commission -1930
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 77-29 WITH THE ADDI-
TION OF SECTION 3 IN REGARD TO 100% FUNDING AND AUTHORIZED THE SIGNATURE
OF THE CHAIRMAN,
24
MAR 2 31977
'A
M . .M . M
RESOLUTION NO. 77-29
Resolution of the Board of County Commissioners of Indian River
County, Florida indicating an intent to join with other governmental
agencies in the Treasure Coast Regional Planning Area to develop and
implement a plan resulting in a coordin^ted waste treatment management
system for the area.
WHEREAS, pursuant to Section 208 of the Federal Pollution Control
Act Amendments of 1972, Public Law 92-500 (hereinafter called "the Act"),
the Administrator of the United States Environmental Protection Agency
has by regulation published guidelines for the identification of those
areas which, as a result of urban -industrial concentrations or other factors
have substantial water qualify control problems (40CRF Part 126); and
WHEREAS, under recent Court decision it is mandatory that all counties
become a part of a coordinated waste treatment management system study and
group and the following appears in the best interests of the County to be
the group to associate with; and
WHEREAS, the Treasure Coast Regional Planning Area (hereinafter called
"the Planning Area") satisfies the criteria cantainEd in the Act and g— dc -
lines and designation of the area pursuant to Section 208 and the objectives
of those guidelines are desirable; and
WHEREAS, Section 126.10 of the guidelines requires among other things
that the affected general purpose units of local government within the
Planning Area demonstrate their intent through formally adopted resolutions
to join together in the planning process for the development and implementation
of a plan which will result in a coordinated waste treatment management
system for the area.
NOW, THEREFORE, BE IT RESOLVED BY THE Board of County Commissioners
of Indian River County, Florida, as follows:
SECTION 1. That the County recognizes the Treasure Coast Planning
Area as a designated area pursuant to Section 208 and the United States
Environmental Protection Agency Guidelines,
SECTION 2. That the County requests permission to join the Treasure
Coast 208 Study Area in securing the development of and implementation of
a coordinated, comprehensive, financially and fiscally sound, compatible
AR 2 3 197 7
f , , 29
2
I
and mutually agreeable'water quality management plan which would result
in a coordinated point and non -point pollution source.
SECTION 3. That this Resolution is conditioned upon 100% funding
being obtained to implement the program.
DONE AND RESOLVED THIS 23rd. day of March ,
1977, by the Board of County Commissioners of Indian River County, Florida,
in regular session.
BOAR? OF COUNTY C=IIS` IONERS,
INDIAN RIVER COUNTY, FLORIDA
�IL94W C :
Wi liam C.Wo t e,
Chairman
ATTEST: -- � ��i ���
Freda rig t, Cldrk
MAR 2 3 1977
ATTORNEY COLLINS REQUESTED THAT AN EMERGENCY ITEM BE
ADDED TO TODAY`S AGENDA IN REGARD TO THE RALMAR WATER AND SEWER
i
FRANCHISE.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SOY, THE BOARD UNANIMOUSLY APPROVED ADDING THE EMERGENCY ITEM
REQUESTED BY ATTORNEY COLLINS TO THE AGENDA,
ATTORNEY COLLINS ;DOTED THAT AS THE BOARD KNOWS, RALMAR HAS
BEEN HAVING SOMIS DIFFICULTY 1,14 REGARD TO UTILITIES IN TI-;:: HOSPITAL
AREA AND BASICALLY THE BOARD HAS -REACHED AN AGREEMENT WITH RALMAR
IN REGARD TO CONSTRUCTING AN OVERSIZED LINE. RALMAR HAS ALSO HAD
AN ADDITIONAL PROBLEM REGARDING SEWER AND HAS HAD MEETINGS KITH THE
CITY OF-VERO BEACH, WHICH HAS SHOWN SOME 114ILLINGNESS TO COOPERATE
IN CONJUNCTIO14 WITH THE COUNTY AND (PALMAR, THE ATTORNEY INFORMED
THE BOARD THAT THE CITY ;ATTORNEY HAS PREPARED A PROPOSED TRIPARTITE
AGREEMENT IN THIS REGARD,
iIARK FALB, PRESIDENT OF RALMAR ASSOCIATES, DISCUSSED WITH
Hc BOARD Ti ii FROPOGED TRIPAR-1iIm
- AGREEMENT NOTING THAT THE INTENT
OF THE AGREEMENT IS TO" ENCOMPASS WATER AND SEWER. bE CITY WILL
GIVE RALMAR PERMISSION TO TIE INTO THEIR PRESSURIZED LINE, AND RALMAR
WILL BE TREATED AS OUT -CITY CUSTOMERS AND CHARGED THE OUT -CITY RATE.
RALMAR WILL BUILD THE LINES FOR THE COUNTY AND THEY 'KILL BELONG TO
THE COUNTY, BUT THE CITY WILL MAINTAIN THE LINES UNTIL THE LINE TO
GIFFORD IS COMPLETED AND THE COUNTY HAS A UTILITY DEPARTMENT. MR.
FALB CONTINUED THAT THE CITY WILL -PROVIDE SE1iIER AND WATER SERVICE,
BUT IT IS STATED CLEARLY THAT THIS IS ON A TEMPORARY BASIS. MR,
FALB FURTHER STATED THAT THE SEWER LINE IS TO BE BUILT'TO CITY
SPECIFICATIONS AND THE CITY TWILL GUARANTEE A CAPACITY.OF 20,000
GALLONS BASED ON RALMAR'S CONTRIBUTION OF $9,100 TO THE CITY'S
CAPITAL FUND,
.ATTORNEY COLLINS INFORMED THE BOARD THAT HE DOES NOT HAVE
ANY MAJOR CHANGES - JUST A FEW POINTS .'OF` CLARIFICATION) IN PARA-
GRAPH 3, AFTER 10,000 GALLONS THE PHRASE "PER DAY" SHOULD BE
INSERTED. SECO-NDLY, THE NEXT TO LAST SENTENCE IN PARAGRAPH 3 STATES
THAT THE TERM OF CITY SERVICE SHALL CONTINUE UNTIL COUNTY IS "READY,
WILLING AND ABLE" TO PROVIDE THE SERVICE, ATTORNEY COLLINS WAS OF
27 '
29 v 83'
MAR 2 319i7 ��+�t�r ; ��
THE OPINION THIS SHOULD BE CHANGED TO READ THAT WHEN THE COUNTY GETS
INTO BUSINESS PURSUANT TO THE TRIPARTITE AGREEMENT, THEN RALMAR
WILL BECOME A CUSTOMER OF THE COUNTY RATHER THAN THE CITY. HE
STATED HE WOULD ALSO LIKE TO HAVE A SENTENCE SPECIFICALLY STATING
THAT THE COUNTY MAY PROVIDE WATER WITHOUT PROVIDING SEWER, 'AND
ALSO FELT THERE SHOULD BE A SENTENCE ADDED STATING THAT THE COUNTY
BY THIS AGREEMENT IS NOT RELEASING THE AREA CONTAINED IN EXHIBIT A
TO THE CITY.
DISCUSSION FOLLOWED IN REGARD' TO IT BEING MADE CLEAR THAT
THE COUNTY WILL OWN THE WATER LINE, AND THE ATTORNEY FELT THERE
SHOULD BE A SENTENCE SAYING THAT THE COUNTY WILL OWN THE WATER LINE
AND THE CITY WILL MAINTAIN IT.
NIR. FALB SUGGESTED 14ORDING IT TO READ "FROM FACILITIES BUILT
BY RALMAR AND DEEDED TO COUNTY.
COMMISSIONER SCHMUCKER QUESTIONED THE SENTENCE IN PARAGRAPH
81 ON PAGE 3, IN REGARD TO DEEDING "FACILITIES" TO THE CITY.
MR. FALB POINTED OUT THAT IT SAYS "SAID FACILITIES" RErERRING
TO CERTAIN SEWER FACILITIES.
IT WAS SUGGESTED THIS BE CHANGED TO READ "CONVEY SAID 'SEWER'
FACILITIES TO THE CITY AT NO EXPENSE," AND MR. FALB AGREED THAT THIS
WOULD BE NO PROBLEM.
ON MOTION BY COMMISSIONER SIEBERT; SECONDED BY COMMISSIONER
Loy, THE BOARD U14AMINOUSLY APPROVED THE TRIPARTITE AGREEMENT BETWEEN
THE CITY OF VERO BEACH, RALMAR, AND THE COUNTY, SUBJECT TO THE CHANGES
BEI14G MADE AS AGREED UPON ABOVE, INSTRUCTED RALMAR ASSOCIATES TO
REDRAFT SAID AGREEMENT, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN
AFTER APPROVAL IIY ATTORNEY COLLINS.
MR. FALB REQUESTED THAT RALMAR'S SEWER FRANCHISE BE LEFT
OPEN TEMPORARILY UNTIL THIS AGREEMENT IS ENTIRELY WORKED OUT. THE
BOARD HAD NO OBJECTIONS.
THE HOUR OF I1:00 O'CLOCK A. fly. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED,
TO—WIT: s
W.
.
MAR 2 3 19 77 i; �,t 29 t $
VERO BEACH -PRESS-JOURNAL -
Published Weekly
Vero Reach, Indian !fiver County, Florida
COUNTY OF INDIAN IAN 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
a �=1 I� C,
in the matter of '-/0,' C, ��krvv On
r
(rt the Court, was pub-
lished in said newspaper in the issues of �=M' ck
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 continuousfp
as second class
ublished in said Indian River County, Florida, weekly and has been entered
ass m iI matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of a 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'
i
(Business ag r)
(SEAL) (Clerk er
(Clerk of the Circuit Court, Indian RCounty, Florida)
NOTICE
NOTICE IS HEREBY GIVEN that the Board
of County Commissioners of Indian River
County, Florida, will hold a public hearing on
March 23, 1977, at 11:00 o'ciuck A.M. at The
Indian River County Courthouse, Vero Beach,
Florida, to consider the adoption of an
Ordinance Amending Indian River County
Ordinance 71-3, Section 25, Paragraph B-1,
Encroachments into Required Yards by
allowingswimmingpools to be erected no
closer than ten 00) feet from the rear property
line and by allowing patios in conjunction with
swimming pools to be erected no closer than
five (5) feet from the rear of the property line,
and by allowing screen enclosures for swim-
ming pools to be erected no closer than ten (10)
feet from the rear property line.
Board of County Commissioners
of Indian River County,
Florida
By: William C. Wodtke Jr.
Chairman
Mar. 2,1977.
,
ROBERT BERG, ASSISTANT PLANNING DIRECTOR, DISCUSSED THE PRO—
POSED ORDINANCE, NOTING THAT PARAGRAPHS (B), (C) AND (D) ARE
ADDITIONAL REQUIREMENTS, HE INFORMED THE BOARD THAT THE PLANNING
AND ZONING COMMISSION WAS REQUESTED BY DEVELOPER GERMAN SUAREZ TO
COME UP WITH A POSSIBLE CHANGE IN SETBACK FOR SWIMMING POOLS. THE
CITY HAS DIFFERENT SETBACKS THAN THE COUNTY, AND IT WAS FELT THESE
SHOULD BE BROUGHT IN LINE. MR. FERC STATED THE PLANNING AND ZONING
COMMISSION RECOMMENDS ADOPTION OF THIS ORDINANCE.
ZONING, DIRECTOR, DE14EY "ALKER, NOTED THAT THE PRESENT SETBACK
IS207, AND IT IS PROPOSED TO REDUCE IT TO 10' FOR A SOLID STRUCTURE
AND 57 FOR A PATIO OR WALKWAY.
ADMINISTRATOR .JENNINGS SAID HE WISHED TO VERIFY THAT NO
ENCLOSURE OR STRUCTURE !•JILL BE ALLOWED ON ANY EASEMENT, RECAFDLESS OF
THE SIZE OF THE EASEMENT.
29
1, 29 .v 'l 85
MAR 2 3 1977.
�SSISTANT PLANNER PERG STATED THAT THE ORDINANCE PROVIDES THAT
NO EASEMENT SHALL BE ENCROACHED UPON, BUT NOTED THAT IF HEAVY EO.UIPMENT
HAD TO BE BROUGHT IN ON AN EASEMENT AND WAS TOO CLOSE TO ANY CONSTRUCTION,
IT COULD POSSIBLY CAUSE DAMAGE,
THE CHAIRMAN ASKED IF ANYONE IN THE AUDIENCE WISHED TO BE
HEARD,
GERMAN SUAREZ, DEVELOPER, STATED THAT THE MAIN REASON HIS
COMPANY PETITIONED FOR THIS CHANGE IS THAT R -1A LOTS ARE USUALLY 89
X 125 OR 100 X 100, AND WITH A 25' FRONT SETBACK AND A 29' REAR SETBACK
THIS DOES NOT LEAVE ENOUGH ROOM FOR A SWIMMING POOL, HE NOTED THAT
THE CITY HAS HAD MUCH EXPERIENCE IN THIS SITUATION AND THEIR SETBACKS
WORK, HE ALSO POINTED OUT THAT IT IS VERY INCONVENIENT TO HAVE TO
CONTINUALLY APPEAR BEFORE THE VARIANCE BOARD IN THIS REGARD, AND HE
FELT IT WOULD BE MUCH WISER TO CHANGE THE nRDINANCE,
COMMISSIONER SIEBERT SUGGESTED HAVING PATIO CONSTRUCTION THE
SAME DISTANCE OFF THE PROPERTY LINE AS THE POOL, NOTING THAT IF IT IS
AN OPEN POOL YOU COULD HAVE A WALKWAY ONLY 5' FROM THE REAR LINE, HE
WAS CONCERNED THAT HEAVY EPUIPMENT ON THE EASEMENT COULD DAMAGE THE PATIO
AND 'THE COUNTY WOULD BE LIABLE,
CHAIRMAN 4ODTKE POINTED OUT THAT IF YOU HAVE A 15' EASEMENT,
THE 'POOL COULD BE RIGHT UP AGAINST THE EASEMENT,
DISCUSSION FOLLOWED IN REGARD TO CHANGING THE WORDING TO READ
THAT SWIMMING POOLS MAY BE ERECTED NO CLOSER THAN 10' FROM THE REAR
PROPERTY LINE, BUT NO CLOSER THAN 5' TO ANY EASEMENT, WHICHEVER IS
GREATER.
MR. SUAREZ ASKED THE ADMINISTRATOR WHAT HE FELT IS THE MINIMUM
WIDTH NEEDED.
ADMINISTRATOR J ENNINGS NOTED THAT IT IS NOT ONLY THE COUNTY
THAT USES THESE EASEMENTS, BUT FLORIDA POWER AND LIGHT, SOUTHERN BELL,
ETC., AND STATED THAT HE FELT 75% OF THE EASEMENTS IN THE COUNTY ARE
-INADEQUATE.
'COMMISSIONER SIEBERT FURTHER NOTED THAT IF YOU DO ALLOW CON-
STRUCTION RIGHT UP TO AN EASEMENT, YOU WILL HAVE PEOPLE LANDSCAPING THE
EASEMENT, WHICH CAUSES PROBLEMS,
ZONING DIRECTOR WALKER ASKED IN THE EVENT A SLAB IS POURED
30
MAR 2 3 r9 77 �'k 29
t „_ r t
I F
OUT TO THE EASEMENT LINE AND A HEAVY RAIN SHOULD UNDERMINE THE SLAB, IS
IT UNDERSTOOD THAT FIT IS THE PROPERTY OWNER S RESPONSIBILITY TO REPLACE
THE UNDERMINED AREA? HE INFORMED THE BOARD THAT HE HAS COMPLAINTS RIGHT
i
NOW ABOUT PROPERTY WASHING DOWN INTO THE EASEMENT DITCHES AND FEELS THIS
SHOULD BE CONSIDERED. j
THE BOARD AGREED THIS IS JUST ANOTHER REASON TO STAY 5' BACK
FROM ANY EASEMENT.
i
ON MOTION BY COMMISSIONER :IEBERT, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
ON MOTION BY COMMISSIONER �IEBERT, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY ADOPTED ORDINANCE N0, 77-5 SUBJECT TO THE WORDING
BEING CHANGED TO INDICATE THAT SWIMMING POOLS, PATIOS AND SCREEN ENCLOSURES
IN ADDITION TO THE PROPERTY LINE SETBACKS INDICATED, SHALL ALSO SETBACK
5' FROM ANY EASEMENT, WHICHEVER DISTANCE IS GREATER,
31
MAR 2 31977
10
�;r w 29 87
e
MWEAR 23 1977
f
INDIAN RIVER COUNTY ORDINANCE NO. 77-5
AN ORDINANCE AMENDING INDIAN RIVER COUNTY
ORDINANCE 71-3, SECTION 25 (b) (1), ENCROACH-
MENTS INTO REQUIRED YARDS.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS -
SIGNERS OF INDIAN RIVER COUNTY, FLORIDA, that Indian River
County Ordinance 71-3, Section 25, Paragraph b-1, is hereby amended
to read as follows:
b71. Every part of a required yard shall be open and
unobstructed from the ground to the sky except as hereinafter
'provided or as otherwise permitted in the Zoning Ordinance.
(a) Except for the ordinary projection of sills, belt courses,
cornices, buttresses, ornamental features and eaves; provided, however
that none of the above projections shall project into a minimum front
yard more than six (6) inches, nor a minimum side yard more than
twenty-four (24) .inches. Residential roof overh&�.gs may extend
forty -eight (48) inches into required yard areas.
(b) Swimming pools may not be erected closer than ten (10)
feet from the rear property line, or five (5) feet from any easement,
whichever is greater.
(c) Patios constructed in conjunction with swimming pools
may not be erected closer than five (5) feet from any easement or
rear property line.
(d) Screen enclosures for swimming pools may not be erected
closer than ten (10) feet -from the rear property line, or five (5) feet
from any easement, whichever is greater.
THIS ORDINANCE SHALL TAKE EFFECT ON THE 31st
DAY OF March 1977.
err 29
J
`—J
THE HOUR OF 11:00 O'CLOCK A JI, 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 -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
In the matter of a
in the Court, was pub -
fished in said newspaper in the issues of "—M �Cj_k 1,P, -9,, I !j
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 tirst 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 th q dayf 0 &a A.D. 1929
(B iness anger) 0A
(BEAU (Clerk of the Circuit Court, India Iver County, Florida)
NOTICE
NOTICE IS HEREBY GIVEN thatthe Board
Of County Commissioners of Indian River
County, Florida, will hold a public hearing on
March 23, )977, at )1:00 o'clock A.M. at the
Indian River County Courthouse, Vero Beach,
.Florida, to consider the adoption of an
Ordinance Creating Animal Restrictions in
Zoning Districts under Chapter 3 of the Indian
River.County Zoning Code, Entitled Animals
and Fowl, -and relating to Restrictions on
Animais within Zoning Districts, requiring a
site plan approval for fenced (enclosed) areas,
providing for nuisance animals and providing
for penalties for persons who own, keep or ,
harbor nuisance animals that violate the '-
Ordinance, providing for a criminal penalty
and providing for an effective date.
Board of County Commissioners
of Indian River County,
Florida.
By: William C. Wodtke Jr.
Chairman
Mar. 2, 1977.
_ S
ASSISTANT PLANNER BERG REPORTED THAT ABOUT A YEAR AGO CITIZENS
CAME TO THE ZONING COMMISSION COMPLAINING ABOUT ANIMALS BEING A NUISANCE
TO THEIR EVERY DAY LIVING. THE PLANNING STAFF WAS ASKED.TO STUDY THE
MATTER AND COME UP WITH AN ORDINANCE REGULATING GENERALLY WHAT THEY TERM
r`FARM ANIMALS" IN RESIDENTIAL DISTRICTS, MR. BERG NOTED THAT THE PRO—
POSED ORDINANCE WILL NOT APPLY TO ANY AREA NOT SUBDIVIDED BY A PLAT
OF RECORD. MR. BERG THEN READ THE PROPOSED ORDINANCE TO THOSE PRESENT
AND STATED HE FELT IT SETS A REASONABLE STANDARD FOR A RESIDENTIAL AREA —
ONE THAT HAS BEEN SUBDIVIDED AND LAID OUT FOR FAMILY DWELLINGS,
d
33
MAR 2 31977
Fj "i r '.
J
CHAIRMAN WODTKE ASKED IF THIS ORDINANCE HAS BEEN REVIEWED BY
THE PLANNING AND ZOFNING COMMISSION,
MR. BERG STATED THAT IT HAS AND NOTED THAT WE ALREADY HAVE AN
ANIMAL ORDINANCE WHICH FALLS PRETTY CLOSE TO WHAT IS BEING PROPOSED TODAY,
EXCEPT THAT IN THIS PARTICULAR INSTAN-,E WE ARE PUTTING IT INTO, A ZONING
SECTION OF THE CODE, -
DISCUSSION FOLLOWED IN REGARD TO DEFINITIONS OF THE ANIMALS
LISTED IN PARAGRAPH (A), AND COMMISSIONER LOY ASKED IF THERE HAD N, IT BEEN
A REQUEST MADE TO THE ZONING COMMISSION TO HAVE "EXOTIC" ANIMALS
SOMEWHERE,
ASSISTANT PLANNER MERG STATED THAT THERE HAD BEEN A REQUEST
TO HAVE AN OCELOT, WHICH HE WOULD CLASSIFY AS A "WILD" ANIMAL, BUT HE
FELT UNLESS SUCH'AN ANIMAL IS SPECIFICALLY PERMITTED, IT WOULD BE
PROHIBITED,
COMMISSIONER LOY DISCUSSED HAVING, SUCH ANIMALS AS A BUSINESS
AS OPPOSED TO BEING PETS, AND MR, BERG FELT THAT IS A DIFFERENT AREA
ENTIRELY THAN IS BEING CONSIDERED TODAY AND WOULD HAVE TO GO TO TNF
VARIANCE BOARD, HE ALSO FELT THIS WOULD NOT BE PERMITTED UNLESS IT IS
SPECIFICALLY LISTED AS A.PERMISSIVE USE.
ADMINISTRATOR KENNINGS NOTED THAT HIS MAIN CONCERN IS WHO IS
GOING TO BE CHARGED WITH ENFORCING THIS ORDINANCE AS HE -FELT IT WILL BE
VERY DIFFICULT TO ENFORCE AND IS OFTEN A CASE OF "NEIGHBOR AGAINST
NEIGHBOR.
MR, BERG FELT THE ZONING nEPARTMENT WOULD HAVE TO ENFORCE IT
UNLESS THE ORDINANCE PROVIDED SOMETHING ELSE,
ATTORNEY COLLINS SAID HE FELT IT WOULD BE THE COUNTY
COMMISSION'S RESPONSIBILITY ALSO - SIMILAR TO VIOLATIONS OF OTHER TYPES OF
NUISANCES, HE POINTED OUT THAT AS A REMEDY THE INDIVIDUAL HAS A RIGHT
TO SUE AGAINST THE NUISANCE, AND THIS ORDINANCE WILL ALLOW THE COUNTY TO
SEEK AN INJUNCTION OR TURN IT OVER TO THE STATE'S ATTORNEY.
CHAIRMAN 11ODTKE (QUESTIONED WHO WOULD DECIDE, FOR INSTANCE, IF
AN ANIMAL "HABITUALLY BARKS", AND STATED HE WAS DOUBTFUL ABOUT ADOPTING
AN ORDINANCE WE CANNOT ENFORCE,
THE CHAIRMAN ASKED IF ANYONE IN THE AUDIENCE WISHED TO BE
HEARD,
34
NEAR 231977
20 ng
J
.JANET HEINIG OF 11113) 25TH AVENUE STATED THAT SHE IS VERY MUCH
IN FAVOR OF THE PROPOSED ORDINANCE AS WHERE SHE LIVES THERE ARE DOGS
ROAMING LOOSE, AND THEY DUMP GARBAGE OVER, BARK, ETC, SHE NOTED THAT
AS TO DECIDING WHETHER THE BARKING, IS "HABITUAL", SHE WOULD FEEL IF
TWO OR THREE COMPLAINTS ARE RECEIVED, IT COULD BE CONSIDERED HABITUAL,
MRS, HEINIG SUGGESTED THAT ENFORCEMENT WOULD ENTAIL KEEPING A RECORD OF
THE NUMBER OF PHONE CALLS AND THEN FOLLOWING UP ON THE COMPLAINT,
MARY BOLLIS OF 10TH PLACE OFF OF 20TH AVENUE INFORMED THE
BOARD THAT THERE IS A VERY SERIOUS PROBLEM IN HER SUBDIVISION WITH PIT
BULLDOGS, SHE STATED THAT THERE ARE ABOUT FIVE OF THEM THAT ARE ALLOWED TO
RUN LOOSE, AND THEY RUN IN PACKS WITH OTHER NEIGHBORHOOD DOGS, SHE
CONTINUED THAT THE PIT BULLS ARE TRAINED TO KILL PIGS, AND THEY HAVE
ACTUALLY COME INTO HER YARD AND TORN A DOG APART; THEY HAVE DAMAGED MANY
ITEMS IN HER YARD; AND HAVE ACTUALLY CHALLENGED MEMBERS OF HER FAMILY IN
THEIR OWN YARD. HER FIVE-YEAR OLD DAUGHTER IS AFRAID TO PLAY IN THEIR
YARD BECAUSE OF THESE DOGS, MRS. BOLLIS STATED THAT THEY CANNOT AFFORD
TO PUT UP A FENCE AND SHE DOES NOT BELIEVE THAT YOU SHOULD HAVE TO PUT UP
BARRIERS BETWEEN NEIGHBORS. SHE HAS APPROACHED THE OWNERS OF THE DOGS, BUT
THEY HAVE BEEN VERY UNFRIENDLY AND UNCOOPERATIVE, MRS, BOLLIS INFORMED THE
BOARD THAT SHE HAS BEEN TO THE POLICE IN THIS REGARD, AND THEY HAVE ASKED
THE PEOPLE TO TIE UP THE DOGS, BUT THEY JUST LET THEM LOOSE THE NEXT DAY.
ATTORNEY COLLINS NOTED THAT IF MRS. BOLLIS WILL SIGN A WARRANT
THE COUNTY PRESENTLY HAS AUTHORITY THROUGH A SPECIAL ACT IN 1965 TO ACT
ON A SITUATION LIKE THIS AND THE STATE'S ATTORNEY IS OBLIGATED TO FOLLOW
THROUGH.
MRS, BOLLIS STATED THAT THE SHERIFF'S OFFICE DISCOURAGED HER
FROM DOING THAT, AND FURTHER NOTED THAT SHE FINDS IT VERY DISTASTEFUL
TO TAKE HER NEIGHBOR TO COURT, SHE SUGGESTED THAT SINCE PETS ARE A
LUXURY THEY SHOULD BE LICENSED AND THE REVENUE USED FOR ANIMAL CONTROL.
SHE URGED THE ?BOARD TO ADOPT THE PROPOSED ORDINANCE,'OR AT LEAST
PARAGRAPH (D),
MS, RHODA REIGEL OF ATLANTIC BOULEVARD STATED SHE IS VERY MUCH
IN FAVOR OF THIS ORDINANCE AND ASKED WHY A POLICEMAN CAN'T STOP A DOC,
5
RUNNING FREE IP IT IS A VIOLATION.
COMM IS.SIONEI_LAY NOTED THAT THE COUNTY DOES NOT HAVE A "LEASH"
35
MAR 2 31977���� ��
LAW, BUT THE CITY DOES HAVE SUCH A LAW AND HAS AN ANIMAL CONTROL OFFICER,
MRS. VERA FALCO OF 2646 VICTORY BOULEVARD WHICH IS WITHIN THE
CITY LIMITS, INFORMED THE FOARD THAT SHE IS A MEMBER OF A KENNEL CLUB,,
HER DOGS ARE FENCED, WELL DISCIPLINED AND CARED FOR.; AND SHE IS VERY
MUCH OPPOSED TO A LIMITATION OF 3 DOGS IN ANY SINGLE FAMILY DI.STRIC`i',
CHAIRMAN WODTKE INFORMED HER THAT THE PROPOSED ORDINANCE DOES
NOT AFFECT ANY MUNICIPALITY, ONLY THE UNINCORPORATED AREA OF THE COUNTY,
BUT INSTRUCTED THAT HER LETTER BE.MADE A PART OF THE MINUTES, AS FOLLOWS:
March 22, 1977
RE: ORDINANCE LIMITING NUMBER OF DOGS PER FAMILY
The Stuart -Fort Pierce Kennel Club is a non-profit organization,
sanctioned by The American Kennel Club. We are a group of people
who are interested in promoting the BETTERMENT of pure-bred dogs ---
this means improvement of QUALITY NOT QUANTITY. Our organization
serves the tri -county area (St. Lucie, Martin, and Indian River
Counties) and 32% of our membership comes from Iridian River County
and 55.5% of our Officers and Board of Directors are Vero Beach
residents.
Dogs ar, our hobby and we must be dedicated to pursue it.... for,
unlike other hobbies which can be enjoyed by whim, our dogs require
full time care and a.6ention. It is necessary that the dogs be well
cared for, clean, mannerly, and healthy in order to be successful--
or even involved in --this hobby.
We appreciate clean surroundings ---house and yard--- and endeavor to
pick up after our dogs and keep them as clean and healthy as possible.
We respect our neighbors` rights not to be annoyed by constant noise
and try to keep our dogs reasonably quiet and, in fact, most are much
quieter than the "one dog per family" dog who is tied out in his yard
or who roams the community. We believe in having the proper facilities
to,care for our animals and confine them to a fenced in area or yard
for their protection and for that of our neighbors. We care for our
dogs and they are a large monitary investment, therefore they do not
run the streets or harm property of our neighbors or the County.
We feel that passage of any type of ordinance to limit the number of
dogs a family may own will do nothing to solve any "dog problem" the
County has and will at the same time penalize us, who are conscientious
about our dogs, by infringing on our rights to pursue this hobby.
It has been our observation that the main dog problems are dogs that run
loose and destroy property; soil public and private areas, injure the
public by biting, and generally create a nuisance and that THESE belong,
for the most part, to one and two dog" families -----families that simply
don't care about their animals, regardless of the number that they have.
The fact remains that WE DO CARE ----CARE for our DOGS and CARE for
our COMMUNITY and for OURSELVES! We urge you not to limit the
quantity of dogs a family may have and concentrate on the "strays" -
and "loose" dogs which are the main source of the County dog problem.
! 4
I `
Respectfully submitted,
THE STUART-FORT PIERCE KENNEL CLUB
i .
36
MAR 2 3 1977 ! 1' Iv� •"d', �(4v
MRS, NELLIE POHANNON OF VERO LAKES ESTATES AGREED THAT IF AN
ANIMAL IS CAUSING PROBLEMS OR IS BEING ILL TREATED, SOMETHING SHOULD BE
DONE, BUT SHE WAS CONCERNED WITH THE PROVISIONS IN REGARD TO HORSES, PIGS,
ETC. IN A SINGLE FAMILY DISTRICT. SHE INFORMED THE BOARD THAT THERE IS
A GREAT DEAL OF EMPTY LAND IN THE SUBDIVISION WHERE SHE LIVES AND P°�OPLE
KEEP ANIMALS THERE AND NO ONE COMPLAINS, SHE OWNS 2-1/2 ACRES, BUT SOME
PEOPLE JUST HAVE SMALL LOTS AND SHE FEELS THIS ORDINANCE WILL HURT PEOPLE
WHO OWN ONLY A SMALL AMOUNT OF LAND.
ADMINISTRATOR .JENNINGS NOTED THAT IN VERO LAKE ESTATES,
WHICH IS A PLATTED SUBDIVISION, THERE ARE SOME LOTS AS BIG AS 5 ACRES,
AND THERE'IS ALSO A CONSIDERABLE AMOUNT OF EMPTY LAND. HE AGREED THERE
IS NO ANIMAL PROBLEM THERE; THE PROBLEM IS WITH THE BUILT UP SUB—
DIVISIONS,
MRS. PETTY REVIS OF 1926 19TH AVENUE STATED SHE FEELS THE
BIG PROBLEM IS WITH THE LACK OF ENFORCEMENT OF THE BASIC LEASH LAW,
AND IF YOU ARE GOING TO HAVE A LEASH LAW, THERE MUST BE SOME TYPE OF
ACTUAL ENFORCEMENT,
RUSSELL PIRKE OF 955 FTH AVENUE STATED THAT HE IS FULLY IN
SUPPORT OF THE ORDINANCE AND HAS A PETITION SIGNED BY 957. OF HIS
NEIGHBORS WHO ARE ALSO VERY MUCH IN FAVOR OF IT. HE CONTINUED THAT
VICIOUS DOGS ROAM LOOSE IN HIS NEIGHBORHOOD, DESTROY PROPERTY AND
FRIGHTEN PEOPLE; HE IS BLIND AND CAN T SEE TO RUN AWAY. MR. PIRKE FELT
PEOPLE SHOULD NOT HAVE TO WALK THE STREETS IN FEAR, AND THAT HUMANS
HAVE A PRIORITY OVER DOGS. HE SUBMITTED A PETITION WITH 2O SIGNATURES,
WHICH IS HEREBY MADE A PART OP THE MINUTES,
a
WA
MAR 2 31977 93
0
March 22, 1977
lie, the undersigned property owners, urge the passage of the animal
control ordinance. We are especially concerned with the portions
pertaining to dog control.
f
0
MAR 2 31977 29 t'y C. 9
m
MRS, ETHEL HALL, MRS, .JAMES MCCLEARY AND MRS, JOSEPH SIMON,
ALL STATED THEY HAVE HEART PROBLEMS, BUT ARE UNABLE TO TAKE WALKS OR
BICYCLE AS ADVISED BY THEIR DOCTORS BECAUSE OF BEING CHASED BY THE DOGS
ROAMING FREE AND THEY ARE ALSO AWAKENED AT NIGHT BY THEIR HOWLING,
MRS, NELLIE BOHANNON POINTEil OUT TO THE pOARD THAT MOST OF THE
COMPLAINTS RELATE TO -DOGS,
COMMISSIONER Loy SUGGESTED THAT THE POARD DO SOME MORE STUDY
ON THIS PROBLEM IN CONNECTION WITH THE SHERIFF'S DEPARTMENT AND CC'.E-
BACK WITH EITHER THIS ORDINANCE OR SOMETHING THAT WILL BE EFFECTIVE, SHE
AGREED THAT OVER THE YEARS, SHE HAS RECEIVED THE MOST COMPLAINTS IN
REGARD TO DOGS AND POSSIBLY THEY NEED TO BE CONSIDERED SEPARATELY,
COMMISSIONER SOY POINTED OUT THAT EFFECTIVE ENFORCEMENT WOULD REQUIRE
A CONTROL OFFICER AND FACILITIES, WHICH WOULD BE EXPENSIVE, SHE
RECOMMENDED THAT THE PUBLIC HEARING BE CLOSED AND THE MATTER BE GIVEN
FURTHER STUDY,
ON MOTION BY COMMISSIONER SOY, SECONDED BY COMMISSIONER SIEBERT,
THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING,
THE BOARD THEREUPON RECESSED AT 1:00 O'CLOCK P.M. FOR LUNCH
AND RECONVENED AT 2:00 P.M, WITH THE SAME MEMBERS PRESENT,
CHAIRMAN WODTKE CONTINUED DISCUSSION WITH REGARD TO THE
PROPOSED ANIMAL CONTROL ORDINANCE AND STATED HE FELT WE SHOULD NOT
HAVE A LAW ON THE BOOKS UNLESS SOME AGENCY IS GOING TO BE ABLE TO
ENFORCE IT, HE INFORMED THE BOARD THAT HE WOULD LIKE TO GO ALONG WITH
COMMISSIONER SOY'S SUGGESTION TO GIVE THE ORDINANCE MORE STUDY AND THEN
COME BACK WITH SOME BETTER RECOMMENDATIONS AND SUGGESTIONS FOR
ENFORCEMENT,
ATTORNEY COLLINS NOTED THE PROBLEM IS NOT ONLY THE ABILITY TO
ENFORCE, IT IS THE WILLINGNESS TO ENFORCE OF CERTAIN AGENCIES, HE
POINTED OUT THERE ARE LAWS RIGHT NOW THAT COULD BE ENFORCED.
COMMISSIONER SIEBERT FELT THIS SHOULD BE DISCUSSED WITH THE
SHERIFF'S DEPARTMENT,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SOY, THE BOARDUNANIMOUSLYTABLED FURTHER CONSIDERATION OF AN ANIMAL
CONTROL ORDINANCE UNTIL THE MEETING OF APRIL 6TH,
CHAIRMAN HODTKE INSTRUCTED COMMISSIONER SOY TO RESEARCH THIS
39
MAR 2 31977 29 , ,. 95
0
F
PROBLEM WITH THE SHERIFF'S DEPARTMENT AND THE STATE ATTORNEY AND BRING
BACK A REPORT.
ATTORNEY COLLINS REPORTED.THAT HE HAS RECEIVED A LETTER FROM
ONE OF THE UTILITY COMPANIES THAT IS HAVING DIFFICULTY WITH PRIVATE EASE-
MENTS, HE FELT THEY HAD RAISED A VALID POINT AND SUGGESTED THAT HE,
ADMINISTRATOR KENNINGS, AND THE SUBDIVISION REVIEW COMMITTEE GET TOGETHER
AND COME UP WITH SOME IMPROVEMENTS IN THE PLATTING ORDINANCE.
THE BOARD HAD NO OBJECTIONS,
ATTORNEY COLLINS INFORMED THE BOARD THAT COUNTER PROPOSALS HAVE
BEEN MADE BY THE OWNERS OF THE PROPERTY THE COUNTY IS CONSIDERING FOR THE
LANDFILL SITE, THE RINKERS ARE ASKING $10,270 OVER THE APPRAISED VALUE
AND MR. WHALEN IS ASKING $21,645 OVER THE APPRAISED VALUE, WHICH WOULD BE
A TOTAL OF APPROXIMATELY $32,000 ABOVE THE APPRAISED VALUE, THE ATTORNEY
STATED THAT THESE COUNTER PROPOSALS CAN EITHER BE ACCEPTED OR REJECTED BY
THE BOARD, OR ANOTHER COUNTER OFFER STILL CAN BE MADE; IT IS A DISCRETION-
ARY DECISION. HE POINTED OUT, HOWEVER, THAT WITH THE TIME SCHED;,LE WE
ARE FACING_,; HE NEEDS SOME DIRECTION FROM THE BOARD TODAY.
COMMISSIONER Loy INQUIRED ABOUT THE COST OF A CONDEMNATION SUIT.
ATTORNEY COLLINS STATED HE COULD NOT GIVE A DEFINITE REPLY, BUT
FELT IT COULD BE IN THE SAME VICINITY AS THE DIFFERENCE BETWEEN THE COUNTER
PROPOSALS AND THE APPRAISED VALUE.
ADMINISTRATOR KENNINGS INFORMED THE BOARD THE ENGINEERS ESTIMATE
'THAT THE DEADLINE FOR INITIATING AN ORDER OF TAKING WOULD BE NO LATER THAN
APRIL 28TH, AND NOTED THAT THE ATTORNEY WOULD NEED TIME TO GET THINGS IN
ORDER TO INITIATE THE ORDER OF TAKING.
COMMISSIONER SCHMUCKER WAS CONCERNED THAT THE COUNTY COULD END
UP PAYING MORE THAN THE APPRAISED PRICE AND, IN ADDITION, WOULD HAVE TO PAY
ATTORNEYS FEES FOR BOTH SIDES.
COMMISSIONER LOY AGREED THAT, EVEN THOUGH SHE FEELS THE APPRAISED
PRICE IS MORE THAN FAIR, WE MIGHT BE MONEY AHEAD TO ACCEPT THE COUNTER
PROPOSALS.
CHAIRMAN WODTKE POINTED OUT THAT RINKERS COUNTER PROPOSAL IS 6%
ABOVE THE APPRAISED VALUE WHILE WHALEN's IS 10% ABOVE. HE SUGGESTED POSSI-
BLY ACCEPTING MR. RINKERS PROPOSAL AND MAKING A COUNTER OFFER TO MR.
WHALEN AT 6% ABOVE THE APPRAISED VALUE,
40
MAR 2 3 197fig+►9 h
ATTORNEY COLLINS STATED THAT THE BOARD HAS THAT FLEXIBILITY.
DISCUSSION CONTINUED IN REGARD TO THE TIME FRAME INVOLVED AND
THE DIFFERENT ALTERNATIVES.
INTERGOVERNMENTAL COORDINATOR THOMAS NOTED THAT WHEN THE CITY OF
VERO BEACH CONDEMNED THE SCHWEY PROPERTY THEY ENDED UP PAYING A GREAT DEAL
MORE MONEY AND WERE CRITICIZED FOR NOT ACCEPTING THE ORIGINAL OFFER,
MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COMMIS-
SIONER Loy, TO ACCEPT THE TWO COUNTER OFFERS MADE BY RINKER AND WHALEN IN
VIEW OF THE TIME FRAME AND THE PROBABLE EXPENSE INVOLVED IN CONDEMNATION.
CHAIRMAN WODTKE EXPRESSED HIS RELUCTANCE TO PAY ONE OWNER MORE
OF A PERCENTAGE OVER THE APPRAISED VALUE THAN THE OTHER. HE STATED HE
FELT THE APPRAISAL WAS MORE THAN FAIR AND HE WOULD HAVE TO VOTE AGAINST
THE MOTION.
COMMISSIONER DEESON EXPRESSED HIS CONCERN ABOUT THE COST OF
CONDEMNATION, WHICH IS AN UNKNOWN FACTOR AND COULD END UP COSTING THE
COUNTY MORE THAN THE DIFFERENCE IN THE COUNTER PROPOSALS,
DISCUSSION CONTINUED IN REGARD TO ACCEPTING THE ONE COUNTER OFFER
AND MAKING AN ADDITIONAL COUNTER OFFER ON THE OTHER,
ATTORNEY COLLINS STATED THAT THE ONLY VIABLE ALTERNATIVE,BECAUSE
OF THE TIME FRAME INVOLVED,WOULD BE TO AUTHORIZE CONDEMNATION AND AT THE
SAME TIME MAKE A COUNTER OFFER, HE ALSO NOTED THAT IF YOU ONLY CONDEMN ONE
PARCEL, YOU HAVE ESTABLISHED A PRICE ABOVE THE APPRAISED VALUE BY ACCEPTING
THE OTHER OFFER.
CHAIRMAN WODTKE THEN SUGGESTED REJECTING BOTH COUNTER PROPOSALS
AND STICKING TO THE APPRAISAL PRICE.
ADMINISTRATOR JENNINGS REMINDED THE BOARD OF THE NEED TO GET ON
THE LANDFILL SITE BY THE MIDDLE OF MAY AT THE LATEST.
COMMISSIONER SCHMUCKER CALLED FOR THE QUESTION.
COMMISSIONERS Loy, SCHMUCKER AND DEESON VOTED IN FAVOR.
COMMISSIONER SIEBERT AND CHAIRMAN WODTKE VOTED IN OPPOSITION, THE MOTION
CARRIED,
COMMISSIONER SIEBERT THEN ANNOUNCED HE WOULD EXERCISE HIS PRE-
. ,
ROGATIVE AND CHANGE HIS VOTE TO AFFIRMATIVE.
ATTORNEY COLLINS PRESENTED TO THE BOARD A RESOLUTION HE HAD PRE-
PARED TO VOID TAXES ON THE BEACHFRONT PROPERTY THE COUNTY PURCHASED IN THE
TOWN OF INDIAN RIVER SHORES IN 1976 FOR PARK PURPOSES.
41
MAR 2 3 197 �t 29 {44
9?
P
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON,
THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 77-30.
RESOLUTION NO. 77-30
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, That taxes be voided on
the following described property for the period from
April 4, 1976 to December 31, 1976 due to County purchase:
The South one-half of Government Lot 9 less the
North 620 feet thereof, and Government Lot 10 less
the South 1070.63 feet thereof all in Section 19,
Township 32 S, Range 40 E and lying East of State
Road AIA; also the North 320 feet of the South
1390.63 feet of Government Lot 1, lying West of
the East 10.69 acres of said Government Lot 1,
Section 20, Township 32 S, Range 40 E, Indian
River County, Florida being more particularly
described as follows:
Beginning at the Southwesterly corner of Pebble
Beach Development No. 2 according to a plat filed
in Plat Book 7, page 83A, Public Records of said
Indian River County and running thence N 890 53'
24" E, 421.88 feet along the South Boundary of
said Pebble Beach Development No. 2; thence, run
S 0° 06' 36" E, 20.00 feet along said South
boundary; Thence, run N. 890 53' 24" E, 344.28
feet to the Southeast corner of Pebble Beach
Development No. 2; Thence, South 00 22' 34" W
320 feet along the West boundary of the East
10.69 acres of said Government Lot 1, Section 20,
Township 32 S, Range 40 E; Thence, S 890 53' 24"
W, 654.33 feet more ot less to the Easterly right-
of-way of State Road AlA; Thence, N 170 54' 12" W,
357.06 feet more or less to the Point of Beginning.
This Resolution shall become effective as of the 23rd
day of _March , 1977.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
Bf &y i C SG► .
William C. Wodtke, Jr/,.Chairman
Attest: `
Clerk
42
f' 98
ATTORNEY-COLLINS NOTED THAT ON FEBRUARY 23, 1977, THE BOARD
ADOPTED RESOLUTION N0. 77-11 IN REGARD TO PARTICIPATING 50/50 WITH THE
CITY OF VERO BEACH IN PAYING FOR THE OVERSIZING OF THE DRAINAGE ON 17TH
STREET. HE STATED THAT THE DOT NOW WISHES TO HAVE A RESOLUTION AU;,IORIZ-
ING THEM TO PROCEED WITH THE OVERSIZING OF THIS DRAINAGE AND MAKING THE
COUNTY THE ONLY BOUND PARTY.
DISCUSSION FOLLOWED IN REGARD TO DOCUMENTATION OF THE CITY'S
PARTICIPATION IN THIS COST, AND ADMINISTRATOR .JENNINGS INFORMED THE BOARD
THAT HE HAS A LETTER FROM ASSISTANT CITY MANAGER, H. BACH NIELSEN, WHICH
STATES THAT THE CITY AGREED TO PARTICIPATE. SAID LETTER IS HEREBY MADE A
PART OF THE MINUTES.
orrice or 'r"E
CITY MANAGER
City of Vero Beach
R 0. BOX 1389 - 1053 - 201h PL.ACB
VLRO BEACH, FLORIDA -.32960
i'ele�honr SG7-SISI
March 19, 1976
Mr. Jack G. 3cnnings
County Administrator
Indian River County Courthouse
Vero Beach, Florida 32960
Dear Jack:
Subject - Drainage Project 17th Street
In reply to your letter of March 11th, I am pleased
to advise you that the City Council at its regular
meeting Tuesday night agreed to participate on a
50 - 50 basis with Indian River County in the cost
of oversizing the 17th Street drainage facility as
discussed with the DOT.
you will notice
le, I am submitting a copy of this
letter to the Department of Transportation and, in
view of the leading role you played in this project,
would appreciate your notifying the DOT officially
of the County's agreement to participate in this
project.
I
Very truly yours,
CITY OF VERO BEACH
S
H. Bach Nielsen
Assistant City Manager
HBN: em
cc: Mr. J� Lewis Greene, Director of Public Works
Mr. C. A. Schindler, III, P.E., DOT Ft. Lauderdale
43
MAR1g76
RECEIVED
gti'itt
n
29 99
MAR 2 31977
j{ W :
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 77-31 AGREEING TO OVERSIZE
THE DRAINAGE LINE ON 17TH STREET BETWEEN U.S. 1 AND THE INDIAN RIVER AT
A COST OF $32,369,00,
RESOLUTION NO. 77-31
WHEREAS, the Department of Transportation has requested
of the BOARD OF COUNTY CO!*IISSIONERS OF INDIAN RIVER. COUNTY,
FLORIDA, that a Resolution be passed authorizing the oversizing
of that drainage line lying between the Indian River and U. S.
Highway #1 paralleling 17th Street; and
WHEREAS, the engineering estimate for oversizing is
THIRTY-TWO THOUSAND THREE HUNDRED SIXTY-NINE DOLLARS
r
- — ($32,369.00);
NOW, THEnEFORE, BE IT RESOLVED BY THF, BOARD OF COUNTY
COMb4ISSI0NERS OF INDIAN RIVER COUNTY, FLORIDA, That the
Board of County Clmmissioners agrees to oversize that drainage
.line lying between the Indian River and U. S. Highway #l,
paralleling 17th Street; which cost of oversizing shall be
approximately THIRTY-TWO THOUSAND THREE HUNDRED SIXTY-hI`:E
DOLLARS ($32,369.00); and
BE IT FURTHER RESOLVED BY,THE BOARD OF COUNTY CO"IMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, That the Department of
Transportation is authorized to proceed with .the oversizing
project as above defined.
This Resolution shall become effective as of the 23rd
day of March , 1977.
4
BOARD OF COUNTY CO:�l�IISSIONERS
r
OF INDIAN RIVER COUNTY, FLORIDA.
William C. Wodtke, ., Chairnan
Attest:
Clerk
29
MAR 231977 `
r
ATTORNEY°COLLINS ASKED THE BOARD FOR PERMISSION TO ADVERTISE A
PUBLIC HEARING IN REGARD TO REZONING THE SPOIL ISLANDS.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT,
THE BOARD UNANIMOUSLY AUTHORIZED THE .ATTORNEY TO ADVERTISE A PUBLIC HEARING
AS SET OUT ABOVE.
ADMINISTRATOR KENNINGS STATED HE HAD RECEIVED A MEMORANDUM FROM
BILL LAW, PROPERTY APPRAISER, AS FOLLOWS:
���EdK�44. � e`k• �»may,
'WHERE
THE TROPICS
BILL C. LAW BEGIN..
tett PROPE,,rY APPRAISER
'� it1` re r,• tiiaa y it ,fes
INDIAN RIVER COUNTY COURTHOUSE ANNEX P.O. BOX 560
VERO BEACH, FLORIDA 32960 PHONE (305) 562-4173
March 18, 1977
MEMORANDUM
TO: Mr. Jack Jennings, County Administrator
11 .4�a
.e-
Request
eG
FROM: Bill C. Law, Property Appraiser
SUBJECT: Repairs and Improvements
There are a couple improvements that I request that you
make in my office that would make the office more functional in
the performance of my duties.
I request that you install a window in a partition between
my office and the receptionist's room, and I have included a
sketch to illustrate this window.
Request that two maps be relocated in the conference room
and install a bulletin board type board on the north wall of the con-
ference room that can be utilized to tack maps and diagrams to
as they are being reviewed. This should extend the entire Jength
of the wall and 4 feet wide.
It is further requested that my office receive a coat of paint.
Your donsideration to the above will be greatly appreciated.
BCL:mb
Atta clunent
MAR 23 1977
Yours truly,
45 '
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P .
DISCUSSION FOLLOWED IN REGARD TO ANY STRUCTURAL CHANGES, AND IT
WAS FELT THE ADMINISTRATOR SHOULD CHECK ON THIS.
COMMISSIONER SCHMUCKER STATED HE AGREED WITH THE REQUEST FOR
THE WINDOW, BUT FELT THE PROPERTY APPRAISER SHOULD PAY FOR HI -S OWN BULLETIN
BOARD. THE BOARD AGREED,
IN FURTHER DISCUSSION, IT WAS NOTED THAT THE PROPERTY APPRAISER
MAY MO:c MAPS AND BULLETIN BOARDS AS HE WISHES AND THAT THE PAINT114G RE-
QUESTED IS A ROUTINE MAINTENP"ICE SITUATION.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO PUT IN THE
WINDOW AS REQUESTED BY THE PROPERTY APPRAISER, ASSUMING THERE IS NO STRUC-
TURAL PROBLEM.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAS RECEIVED
FOUR PROPOSALS FROM LOCAL COMPANIES FOR INSTALLATION OF A SMOKE ALARM
SYSTEM AT THE COUNTY JAIL. HE RECOMMENDED THE ACCEPTANCE OF THE PROPOSAL
OF MAR71H SECURITY SYSTEMS, INC., WHICH IS THE LOW BID AND WAS ALSO
RECOMMENDED BY THE LOCAL FIRE CHIEF.
COMMISSIONER LOY ASKED IF THIS ANSWERS THE INSURANCE REQUIREMENTS
OF THE JAIL, AND THE ADMINISTRATOR SAID THAT IT DOES.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY ACCEPTED THE PROPOSAL OF MARTIN SECURITY SYSTEMS,
INC., FOR INSTALLATION OF A SMOKE AND HEAT DETECTION SYSTEM IN THE COUNTY
'JAIL FOR THE SUM OF $3,4759-00, TO BE PAID FOR OUT OF FEDERAL REVENUE SHAR-
ING FUNDS.
MAR 23 1977
SAID PROPOSAL IS HEREBY MADE A PART OF THE MINUTES.
;irk � IM
46
;irk � IM
Lfi,` p 1C 1-_'7_" L fity 13�,
Iwo
P.O. Sox 77€3
Sebastian, Florida 32058
Phone (305)} 932= 567-0011
Proposal
1-25-77
Jack Jennings
Board of County Commission '
Indian River County, Florida 32960
•SERVICES
o Burglary
Fire
Gentlemen: ® Smoke
We submit the following bid for the installation of the e.Gas
Smoke & Heat detection system for the Indian River County
Jail, Vero Beach, Florida. ® Hold-up
We propose the following: ® Silent
1. To install 16 Smoke & Heat combination detectors. or
Audible
2. To install 4 individual Heat detectors. Alarms
x..24 Hour
3. All equipmeht will be Underwriter Labratories Listed. Silent
4. System carries a one Alarm
Y year warranty."- � Monitoring
5. This system will be of Direct Current -Voltage not Service
exceeding 24VDC. ® 24 Hour
Telephone
6. There will 2 remote annunicator panels displaying 8 Answering
zones. Servi ces
7. There will be one main control panel equipped with ® Free Security
stand-by power feature to continue operation of Survey
the system in the event of normal operating power loss.
® Over 13 years
8. All of the wiring for this system will be run through Security &
metal conduit to each individual detector. Law Enforcement
9. This system will be divided into 8 zones enabling the Experience
person monitoring system•to know exact area of alarm ® Closed Circuit
condition. TV Systems
10. In the event of an actual alarm condition, system a Intercom
can only be reset by going to the main control panel. Systems
11. ,All work will be done in accordance with required ® Emergency
specifications. Lighting Equip.
The total cost of this installation is $3,475.00.
Residential Antomebiies J�V,/
O ,q a is
Commercial � Condo inlu
John L. Martin
Licensed and Insured
This installation will begin within 3 weeks from its SERVICES
acceptance and will be completed within 21 working days. a Burglary
This system can be expanded to include any future enlarge- ® Fire
ments of the jail facilities.
O Smoke
Tha Yo ® Gas
John L. Martin a Hold-up
MAR 2 3 19 77
ADMINISTRATOR JENNINGS DISCUSSED WITH THE BOARD THE DOT'S RECOM-
MENDED IMPROVEMENTS TO STATE ROAD 512 AT THE NEW NORTH COUNTY MIDDLE/.JUNIOR
HIGH SCHOOL. THESE HAD BEEN PREVIOUSLY DISCUSSED WITH SUPERINTENDENT
MCCLURE AT THE MEETING OF AUGUST 18, 1976, AT WHICH TIME NO COST FIGURES
WERE AVAILABLE. THE ADMINISTRATOR INFORMED THE BOARD THAT THE DOT HAD THE
PLANS DRAWN UP TO PRIMARY ROAD SPECIFICATIONS AND CAME UP WITH A COST OF
$$0,000 TO $90,000. THE DOT DOES NOT HAVE THE FUNDS AVAILABLE FOR THIS.
THE ADMINISTRATOR NOTED THAT WHAT IS MAINLY NEEDED FOR THE SCHOOL WHEN IT
IS OPENED ARE THE HOLDING LANES. HE STATED THE DOT HAS AGREED TO HAVE
THEIR MAINTENANCE DEPARTMENT WORK WITH THE COUNTY. THEY WOULD CLEAR THE
ADDITIONAL RIGHT-OF-WAY, MOVE THE DITCHES OVER, HAUL IN THE FILL, DO THE
GRADING AND SET EVERYTHING UP FOR THE COUNTY TO PUT ON THE WEARING SURFACE.
ADMINISTRATOR JENNINGS CONTINUED THAT THE SOIL CEMENT BASE WOULD RUN ABOUT
$7,425, AND THE ASPHALT (APPROXIMATELY 375-380 TONS) WOULD BE ABOUT
$9,000, OR A TOTAL OF BETWEEN $16,000 -$16,500. THE DOT MAINTENANCE DE-
PARTMENT CAN ALSO DO THE STRIPING AND MARKING,
ADMINISTRATOR .JENNINGS ASKED THE BOARD IF THEY WISH TO PROCEED
IN THIS MANNER; ALSO WHERE THE MONEY WILL COME FROM; AND IF THE SCHOOL
BOARD WILL ENTER INTO IT. HE NOTED THAT IF THE ROAD AND BRIDGE DEPARTMENT
HAS $16,500 TO SPEND ON THIS PROJECT, WE CAN HAVE THESE HOLDING LANES
BUILT ACCORDING TO THE PLANS PREPARED BY THE DOT.
COMMISSIONER SIEBERT ASKED IF THE DOT DOES THE WORK, WOULD IT
COME OUT OF OUR SECONDARY ROAD FUNDS?
ADMINISTRATOR JENNINGS STATED THAT WE WOULD NOT HAVE TO SPEND A
PENNY BECAUSE THIS IS ON THE PRIMARY ROAD SYSTEM. THE PROBLEM IS THE
TIMING BECAUSE THE SCHOOL NEEDS TO OPEN IN SEPTEMBER. HE NOTED THAT HE
DOES NOT KNOW OF ANY LESS EXPENSIVE OR QUICKER WAY TO GET THIS WORK DONE
THAN AS SUGGESTED ABOVE AND STATED HE IS COUNTING ON THE SCHOOL BOARD COM-
ING OUT AND TYING TO THE PAVEMENT.
COMMISSIONER SCHMUCKER ASKED IF THE $16,500 COULD BE SQUEEZED
OUT OF THE CURRENT ROAD AND BRIDGE BUDGET, AND FINANCE OFFICER .JACKSON
STATED IT COULD.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANINLOUSLY AUTHORIZED THE ADMINISTRATOR TO DO THE SOIL
am
2
MAR 2 31977 ' 04
F
i
CEMENTING AND ASPHALTING ON S.R. 512 BY THE NEW NORTH COUNTY MIDDLE/.JUNIOR
HIGH SCHOOL AS PER HIS RECOMMENDATIONS.
COUNTY PLANNER VAL BRENNAN REPORTED THAT THE TOWN OF ORCHID AND
CITY OF SEBASTIAN HAVE BEEN APPROVED FOR FUNDING UNDER THE 701 PROGRAM TO
WORK ON THE COMPREHENSIVE PLAN WHICH THE STATE IS REQUIRING TO BE DONE
BY .JULY OF 1979, BUT THE TOWN of INDIAN RIVER SHORES WAS NOT FUNDED NOR
WAS THE CITY OF FELLSMERE. HE NOTED THAT FELLSMERE WAS NOT FUNDEi; BECAUSE
THEIR GROWTH HAD NOT INCREASED SUFFICIENTLY AS COMPARED TO OTHER MUNICIPALI-
TIESi INDIAN RIVER SHORES POPULATION GROWTH WAS CONSIDERABLE, AND THEY
WERE JUST ON THE BORDERLINE. MR. BRENNAN INFORMED THE BOARD THAT THERE
WILL BE A MEETING OF THE THREE MAYORS AND A REPRESENTATIVE FROM THE DEPART-
MENT OF COMMUNITY AFFAIRS, AND THERE IS STILL A POSSIBILITY THAT INDIAN
RIVER SHORES MIGHT BE FUNDED.
COUNTY PLANNER BRENNAN PRESENTED -TO THE BOARD THE PROPOSAL OF
ADLEY ASSQCIATES,oINC., IN REGARD TO PREPARATION OF THE 1977/78 COMMUNITY
DEVELOPMENT NON METROPOLITAN DISCRETIONARY GRANT APPLICATION. HF INFORMED
THF BOARD THAT THF FINAI., PUBLIC HEARING HAS ALkEADY BEEN ADVERTISED FOR
MARCH 28TH AT 5:01 BECAUSE OF THE TIME FRAME INVOLVED. MR. BRENNAN CON-
TINUED THAT ADLEY ASSOCIATES FEE WILL BE $3,500.00 INCLUDING DIRECT OUT-OF-
POCKET EXPENSES, NOT It PLUS THESE EXPENSES AS SET OUT IN THEIR CONTRACT.
THIS AMOUNT IS REFUNDABLE OUT OF THE COMMUNITY DEVELOPMENT GRANT.
MOTION WAS MADE BY COMMISSIONER SCHf4UCKER, SECONDED BY COMMIS-
SIONER Loy, TO ACCEPT THE PROPOSAL OF ADLEY ASSOCIATES, INC., BECAUSE OF
THE TIME SCHEDULE INVOLVED, THE CONTRACT TO BE REWORDED TO STATE THAT DIRECT
OUT-OF-POCKET EXPENSES WILL BE INCLUDED IN THE $3,500.00 FEE, AND TO AU-
THORIZE THE SIGNATURE OF THE CHAIRMAN.
CHAIRMAN WODTKE NOTED THAT THIS CONTRACT INCLUDES PREPARATION OF
THE ANNUAL GRANTEE PERFORMANCE REPORT, AND ADLEY ASSOCIATES WILL COORDINATE
THE PLANNING DEPARTMENT'S ACTIVITIES WITH THOSE OF THE ADMINISTRATOR'S
OFFICE AND BE SURE ANNUAL REPORTS ARE DONE IN A PROPER AND ACCEPTABLE WAY.
THE CHAIRMAN CALLED FOR THE QUESTION.
CARRIED UNANIMOUSLY.
0
49
IT WAS VOTED ON AND
MAR 23 1977
ASSOCIATES, INC. PUBLIC MANAGEMENT/ COMMUNITY PLANNING /URBAN ECONOMICS
1620 MAIN STREET/SARASOTA. RARIDiA 33577/(813) 366-2420,13 46 nFiH sTREEr.. N.E/ATLA , .GEORGIA 30308/(404.)881-1964
March 11, 1977
Mr. Valentine Brennan
Planning Director
Vero Beach/Indian River Co.
2121 14th Avenue
Vero Beach, Florida 32960
Dear Val:
I am very pleased to hear that Indian River County has been requested by HUD
to submit -a full application for $203,000 of Community Development Discretionary
Funds.
As you requested on March 10, 1977, I submit this letter proposal for professional
services to be rendered to Indian River County in connection with the preparation
of its 1977/78 Community Development Non Metropolitan Discretionary Grant
Application. If this proposal is agreeable to the County Commission, the signature
of the appropriate County official in the space provided will make this letter
a legally binding contract. Since time is of the essence, we have already
begun work per your verbal request and assurances.
I. Scope of Services
The firm's professional staff will work closely with the County staff in
the preparation of the 1977/78 Discretionary final application. Specific
work itett i r,c i uCie ;
1. Adaptation, where necessary, of the County's Preapplication to meet
HUD final application requirements;
2. Statement of Long Term objectives;
3. Preparation of the County's HAP to HUD specifications including necessary
documentation, maps, etc;
4. Assistance in the preparation of the required Annual Grantee Performance
Report;
5. Preparation of appropriate environmental reviews, required public notices,
Requests for Release of Funds and advice regarding the timing of these
submissions. Adley Associates will not be responsible under this contract
for the preparation bf an Environmental Impact Statement, but will be
available to contract with the County for the preparation of such at the
REAL ESTATE FEASIBILITY ANALYSIS • PUBLIC MANAGEMENT STUDIES • ZONING PROGRAMS • COMMUNITY PLANNING
SITE DESIGN • IMPACT ANALYSIS a TRAFFIC PLANNING • COMMUNITY DEVELOPMENT PROGRAMS • NEW TOWN DEVELOPMENT
t i
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29
MAR 23 1977
Q6
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page 2
request of the County in the unlikely event an EIS is required. At this
time we do not anticipate the need for any EIS submissions for the
activities proposed in the Preapplication;
6. Advice to the County regarding other programmatic requirements which
are necessary to ensure the timely submission of the application to HUD
and A-95 review agencies;
7. Attend the one required Public Hearing to be held on March 28, 1977; and,
8. Continuing Services - Beginning the effective date of this contract, the
CL.isultant will be available to the County to provide such continuing
services advice and assistance, as specifically requested by the
-" County, relating to its Comm:,nity Development Program.
II. Compensation and Method ,
1. The County shall pay to Adley Associates, Inc. the sum of $3,500.00 l ll
direct out-of-pocket expenses as full and complete compensation for the
services set forth in the Scope of Services, items 1 through 7, inclusive.
a. The Consultant shall submit his invoices to.the County monthly, on
a percentage of completion basis. Payment shall become due upon
receipt of a billing statement from the Consultant specifying the
percentage of completion, amount due for professional services and
direct costs experienced in the provision of these services.
b. Direct costs for travel expenses to cities in which the traveller
does not permanently reside will be subject to the following limita-
tions: Air travel at tourist fare, automobile rental at National
Car Rental (or equivalent) intermediate size rates, 18 cents per
mile driven for personal automobiles, Holiday Inn (or cMaivalert)
hotel room at single occupancy, meals at cost plus 15% tip, and other
expenses such as parking and long-distance telephone at actual cost
incurred. Other direct costs include such items as printing, draft-
ing, special equipment, etc. at actual costs incurred. The Consultant
will certify that all costs for which reimbursement is claimed due
were incurred in the direct performance of services as otherwise
provided in this Section, and will supply receipts upon the request
of the County.
2. For services provided under the Scope of Services, item 8, Continuing
Services;
a. Payment shall become due upon receipt by the City of*a requisition
for payment from the Consultant. For all such services rendered
at the request of the County, the County shall pay to the Consultant
an amount not to exceed $32.00 per man-hour expended plus direct
costs as.full and complete compensation for Consultant's services and
MAR 2 31977
u
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page 3
full reimbursement for all expenses incurred by the Consultant in
the provision of such services. Payment shall become due upon
receipt of a billing statement from the Consultant specifying the
number of man-hours expended and direct costs experienced in the
provision of services as requested by the County; such statements
will be prepared no more often than once per month.
b.• The definitions and limitations of reimburseable "Direct Costs" set
forth in item lb of this Section shall also apply herein.
c. It is further understood and agreed that "request of the County"
shall be interpreted to mean a .;ritten request directed to the
Consultant by the Chairman of the County Commission or his designated
"-- officer.
ATTEST:
% Uhlht—C By:
INDIAN RIVER COUNTY, FLORID
s
•• 2
a
MAR 231971 Z
9 JOB
J
M
M
PART II
TERMS AND CONDITIONS
1. Termination of Contract for Cause. If, through any cause the Consultant
shall fail to fulfill in timely and proper manner his obligations under this
Contract, or if the Consultant shall viola'.' any of the covenants, agreements,
:•or stipulations of this Contract, the County shall thereupon have the right to
terminate this Contract by giving written notice to the Consultant of such
termination and specifying the effective date thereof, at least five days before.
the effective date of such termination. In such event, all finished or unf71ished
documents, data, studies, and reports prepared by the Consultant uneer this Con-
t:•.:ct shall, at the option of the County, become its.nrooerty and the Consultant
shall be entitled to receive just and equitable compensation for any satisfactory
work completed on such documents.
Nothwithstanding the above, the Consultant shall not be relieved of any
'•-liability to the County for damages sustained by the County by virtue of any breach
of the Contract by the Consultant and the County may withhold any payments to the
Consultant for the purpose of setoff until such a time as.the exact amount of
damages due the County from the Consultant is determined.
2. 'Termination for Convenience of the County. The County may terminate this contract
any time by a notice in writing from the County to the Consultant. If the Contract
is terminated by the County as provided herein, the Consultant will be paid an amount
which bears the same ratio to -the total compensation as the services actually per-
formed bear to the total services of the Consultant covered by this Contract, less
payments of compensation previously made;rovided, however,'that if less than sixty
per cent of the services covered by the Contract have been -performed upon the effec-
tive date of such termination, the Consultant shall be reimbursed (in addition to
the above payment). -for that portion of the actual out-of-pocket expenses (not
otherwise reimbursed under this Contract)• incurred by the Consultant during the
Contract period which are directly attributable to the uncompleted portions of the
services covered by this Contract. If this Contract is terminated due to the fault
of the Consultant, Section 1 hereof relative to termination shall apply.
3.. Changes. The County may, from time to time, request changes in the scope of
services of the Consultant to be performed hereunder. Such changes, including any
increase or decrease in the amount of the Consultant's compensation, which are
mutually agreed upon by and between the County and the Consultant, shall be incorpor-
ated in written artr_ndments to this Contract.
•
1
IAR 23 1977
I
II
4. Personnel. '
a... The Consultant represents that he has, or will secure at his own expense,
all personnel required in performing the services under this Contract. Such per-
sonnel shall not be employees of or have any contractual relationship faith the
County.'
b. All the services -required hereunder will be performed by.the Consultant or
under his supervision and all personnel engaged in the work shall be fully qualified
and shall be authorized or permitted under State and local law*.to perform such. str-
vi ces .
-G:-- No person who is serving ser`ence in a penal or correctional institution
shall be employed on work under this Contract. '
6. Prevailing Salaries. Not less than the respective salaries prevailing in the
locality as determined pursuant to the "Determination of Prevailing Salaries of
Technical Positions" for the locality shall be paid to persons in the respective
occupations listed therein employed in the performance of work under the Contract.
6. Anti -Kickback Rules. Salaries of architects., draftsmen, technical engineers,
and technicians•performing work under this Contract shall be paid unconditionally
and not lei often than once a month without deduction or rebate on any account
except only such -payroll deductions as are mandatory by law or permitted by the
applicable regulations issued by the Secretary of Labor pursuant to the "Anti -kick-
back Act" of June 13, 1934 (48 Stat. 948;*62 Stat. 740; 63 Stat. 108; title 18
U.S.C., section 874; and title 40 U.S.C.,'section 276c). The Consultant shall
comply with all applicable "Anti -Kickback" regulations and shall insert appropriate
provisions in all subcontracts covering work under this.Contr°act to insure compli-
ance by subcontractors with such regulations, and shall be responsible for the
submission of affidavits required of subcontractors thereunder except as the
Secretary of Labor may specifically provide for variations of, or exemptions from
the requirements thereof.
7. Withholdin of Salaries. If, in the performance of this Contract, there is
any underpayment of Salaries by the Consultant or by any subcontractor thereunder,
the County shall withhold from the Consultant out of paymentsdue to him an amount
sufficient to pay to employees underpaid the difference between the salaries re
.quired hereby to be paid and the salaries actually paid such employees for the
total number of hours worked. The amounts withheld shall be disbursed by the County
for an on account of the Consultant or subcontractor to the respective employees
to whom they are due.
�2M
MAR 23 1977
J
-. - - _ - - —__ _---_.�____•_ ,..ter • _ _.. ..-�, �-=-r-•--... _ .. ,-. _.. •�
8. Claims and Disputes Pertaining to Salary Rates. Claims and disputes pertain-
ing to salary rates or to classifications or architects, draftsmen, technical
engineers, and technicians. performing work under this Contract shall be promptly
reported in writing by the Consultant to the County for the latter's'de.cision which
shall be final with respect thereto. '
9. Equal Employment Opportunity. During the performance of this Contract, the
Consultant agrees as follows:
-a. The Consultant will not discriminate against any employee or applicant
for employment because of sex, race, creed, color, or national origin. 'The
'Consultant will take affirmative action to insure that appli-ants are
' employed, and that emplbyees are treated during employment, without
regard to their sex, race, creed, color, or national origin. Such action
shall include, but not be limited to, the following: employment, up-
grading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation'; and
selection for training, including apprenticeship. The Consultant agrees
to post in conspecuous places, available to employees and applicants for
employment, notices to be provided by the'County setting forth the pro-
visions of this nondiscrimination clause.
b. The Consultant wills in all solici.-tions or advertisements for employees
placed by or on behalf of the Consultant, state ghat all qualified appli-
cants will receive considerati.on.for employment without regard to sex, race,
Creed, color, or national origin.:
c.' The Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Contract so that such provisions
will be binding upon each subcontractor, provided that the foregoing
proytsions shall not apply to contracts or subcontracts for standard
commercial supplies or raw materials.
10. *Discrimination Because of Certain Labor Matters. No person employed on the
work covered by this Contract shall be discharged or in any way discriminated
against because he has filed any complaint or instituted or caused to be instituted
any proceeding or has testified or is about to testify in any proceeding under or
relating to the labor standards applicable hereunder to his employer.
11.. Compliance with Local Laws The Consultant shall comply with all applicable
laws, ordinances, and codes of the State and local governments, and shall commit
no trespass on any public or private property in performing any of the work embraced
by this Contract.
a3_
MAR 2 31977
J
.�.�.�.�..��..--�.��...p.w...•-;��..w�.�+.\�..`4F e�-..ti—...vs^tllo.a..•�`.WK.-a.H..I�....'...+Y 06G�l�w.a.-..am..�....^rv..... -.. ,c �.r.�....�..
I •
12. Subcontracting. None of the services covered by this Contract shall be
subcontracted without the prior written consent of the County. The Consultant shall
. be as fully responsible to the County for the acts and omissions of his subcontractors,
and of persons either directly or indirectly employed by the, as he is for the acts
and omissions of persons directly employed by him. The Consultant shall insert in
-each sub -contract appropriate provisions requiring compliance with the labor stand -
Ards provisions -of this Contract. i
13. Assignability. The Consultant shall not assign any interest in this Contract,
and shall not transfer any interest in the same (whether by assignment or novation)
without the prior written approval of the County; provided, however, that claims for
money due or to become due the Consultant from the County under this Contract may be
assigned to`a bank, trust company, or other financial institution, or to a Trustee
in Bankruptcy, without such approval. Notice of any such assignment or transfer
shall be furnished promptly to the County..
M Interest of Members of the -County. Wo member of the governing body of the County,
and no other officer, employee, or agent of the County who exercises any functions or
responsibilities in connection with the carrying out of the Project to which this
• Contract pertains, shall have any personal interest, direct or indirect, in this
Contract. ,
15. Interest of Other'Local Public Officials. No member of the governing body of
the locality in which the Program Area is -.situated, and no other public official
of such locality, who exercises any functions or responsibilities in the review or .
approval of the carrying out of the Program to which this Contract pertains,
shall haye any personal interest, direct or indirect, in this Contract.
16. Interest -of Certain Federal Officials. No member of or Delegate to the Congress
of'the United States, and no Resident Commissioner, shall be admitted to any share
or part of this Contract or to any benefit to arise herefrom.•
17. Interest of Consultant. The Consultant covenants that he presently has no
interest and shall not acquire any interest, direct or indirect, in the above des-
cribed Program Area or any parcels therein or any other interest which would conflict
in any manner or degree with the performance of his services hereunder.
18. Findings Confidential. All of the reports, information, data, etc., prepared
or assembled by thq Consultant under this Contract are confidential and the Consult-
ant agrees that they shall not be made available to any individual or organization'
Without the prior written approval of the County.
MOR .3117.7f
RESOLUTION N0, 77-32 IS HEREBY MADE A PART OF THE MINUTES AS
AUTHORIZED AT THE MEETING OF MARCH 9, 1977,
MAR 2 31977
RESOLUTION NO, 77-32
BE IT RESOLVED BY THE BOARD OF COUNTY.COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that the following persons
are hereby appointed from the designated areas of THE COASTAL
ZONE MANAGEMENT ADVISORY COMMITTEE:
RICHARD THOMAS Commercial Fishing
JACK MITCHELL Tourism and Hotel/Motel
ROY HAIR Conservation
J. A. THOMPSON Scientific and Education._
Interests
MARVIN CARTER Construction and Industry
Development
PAUL C. REDSTONE Industrial, Business and
Commerce
HUGH E. RUSSELL, Citrus and Agricultural
Chairman
MARGUERITE M. SCHLITT General Public
and
J. PAT CORRIGAN
This Resolution shall become effective as of the 23rd
day of March, 1977.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By 0i C
W��
William o t e, Jt,, Chairman
Attest: 1 <
Clerk
I
COMMISSIONER SIEBERT PRESENTED A DRAFT OF A RESOLUTION REQUEST—
ING THAT THE DEPARTMENT OF ENVIRONMENTAL REGULATION NOT BE MADE THE NEW
CONTROLLING AGENCY OF THE STATE'S COASTAL ZONE MANAGEMENT PROGRAM AND NOTED]
HE HAD A LETTER FROM THE VERO BEACH CIVIC ASSOCIATION URGING THE PDOPTION
OF THIS RESOLUTION AS FOLLOWS: i
- s
_.'. // j� / /t mdrek v, lf%)
rl e Vero /76a'C ry C./�/'c '44' 'OC<a/ail .JVlyjrr��P dfz�
ury e.4 fA%/fie [ddaP,/I,o4 F erdl)�T/naT ✓�o. 7'�,+-,"�7 �1'�
we �+ It/ Th dtyyTKG /G a.IJ D/i dad 11 D,Y�1, C Cd W7'At"';f y
,,r, kor jK /N•G he-.tr %ore#-eJYS bJ 14C p! cV�O �Wi 00�
i f:71-) el !41e /nY,nf oT✓IfG Lod-er;
,Znn e H.,o a f e In a. r, A cvv
-r.4 �'riebYTwl4 100AD
A ooft,(a d/secroeq o'F t4' Vero %
RESOLUTION NO, 77 -33'
WHEREAS, the United States Congress enacted the Coastal Zone
a
Management Act of 1972; and
WHEREAS, the Congress found that the key to more effective protection
and use of the land and water resources of the coastal zone is to ence;.trage
the states to exercise their full authority over the lands and waters in
the coastal zones by assisting the states, in cooperation with federal
and local governments and other vitally affected interests, in developing
land and water use programs for the coastal zone, including unified
policies, criteria, standards, methods, and processes for dealing with
land and water use decisions of more than local significance; and
WHEREAS, the Florida Department of Environmental Regulation has been
recommended by the Governor's Task Force on Development of a State
Organizational Structure for Coastal Zone Management to be the new
controlling (Section 306) agency of the State of Florida's Coastal Zone
Management Program; and
WHEREs-.>, the Florida Department of Natural Resources, as the State
of Florida's present controlling (Section 305) agency of the Coastal
Zone Management Program, has displayed a history of responsive co-
operation with local and regional agencies, particularly with technical
and financial assistance; and
WHEREAS, the Florida Department of Environmental Regulation has
developed a recent trend toward a centralized departmental policy-making
process, decreasing its recognition and utilization of the local and
regional agencies' expertise; and
WHEREAS, if the Florida Department of Environmental Regulation
were assigned the responsibility of the Coastal Zone Management
Program, the Department would have both regulatory and certification
power, negating balances necessary for responsive control; and
WHEREAS, The Congress finds and declares, through paragraph b.
of the Declaration of Policy of the Coastal Zone Management Act of 1972,
that it is the national policy to encourage and assist the states to
I
exercise. effectively their responsibilities in the coastal zone through
MAR 2 31977 '
�
9 5
1//
I
the development and implementation of management programs to advise
wise use of the land and water resources of the coastal zone giving
full consideration to ecological, cultural, historic, and aesthetic
values as well as to needs for economic development; and
WHEREAS, the Florida Department of Environmental Regulation has
a mandated responsibility to be primarily ecologically concerned which
in turn represents a potential conflict to the Coastal Zone Management
Act's intent to ensure a balance between the ecological and economic
concerns within the coastal zone areas; and
WHEREAS; the Governor's Task Force on Development of a State
Organizational Structure for Coastal Zone Management established to
review the organization status of the State of Florida's Coastal
Zone Management Program, did not directly solicit input from the local
and regional agencies presently charged with developing Coastal Zone
Management Programs for their locales and regions.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that the Board strarnly- recommends that
the Governor ensure the continuity of the State of Florida's Coastal
Zone Management Program through the guarantee of State cooperation
with local and regional agencies, the guarantee of a proper balance
between regulation and certification, and the guarantee of a proper balance
between ecological and economic concerns, by maintaining the control of the
program within the assigned responsibilities of the Florida Department of
Natural Resources.
DONE, ORDERED AND ADOPTED, in Regular Session this 23rd day
of Larch. 1977.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
William C, Wodtke, A.
Chairman
ATTEST:
Freda Wright, Cie
Z/ -r
MAR 23 1971 ` > >
COMMISSIONER SIEBERT REPORTED THAT THERE IS SOME GRANT MONEY
AVAILABLE UNDER THE FLORIDA RECREATIONAL SYSTEMS PROGRAM. HE NOTED THAT
THESE FUNDS MUST BE USED FOR PROGRAMS AND THERE IS ONLY ONE MILLION DOLLARS
AVAILA&,-E OVER THE WHOLE STATE, COMMISSIONER SIEBERT WAS NOT SURE IT WAS
WORTH APPLYING FOR AS HE DID NOT SEE HOW IT COULD BE WORKED OUT,
COMMISSIONER LOY NOTED THAT IN THE PAST YOU COULD ONLY USE THE
FUNDS TO PURCHASE LAND; THEN IT CHANCED SO THE FUNDS COULD BE USED TO PUT
IN FACILITIES; AND NOT IT IS TO BE USED FOR "SUPPORT' FACILITIES. SHE
STATED SHE HAD HOPED THERE WOULD BE SOME WAY TO USE IT IN THE CIVIC ARTS
PARK, BUT THE CITY COULD NOT FIND A WAY TO QUALIFY EITHER.
COMMISSIONER DEESON DISCUSSED THE POSSIBILITY OF APPLYING IT TO
PUTTING IN LIGHTS AT THE WABASSO BALLFIELD. NO CONCLUSION WAS REACHED.
COMMISSIONER DEESON NEXT DISCUSSED WITH THE BOARD A LETTER
WRITTEN TO ADMINISTRATOR .JENNINGS BY THE DOT IN REGARD TO THE WAYSIDE PARK
IN SEBASTIAN AND THE FISHING WALK, AS FOLLOWS:
of Transportation
Florida Department
MUM Oil. ASKEW %/�, TOM WEBB. JR.
GOVERNOR E SECRETARY
• t+ -a 1Q Vo • G v
780 S. W. 24 Street
Ft. Lauderdale, Florida 33315
i lV
March 10, 1977
.d.Lr
RE: Section 88010, S.R. 5, Wayside Park
Section 88050, S.R. 510, Fishing Walk
•Indian River County
Mr. Jack G. Jennings
County Administrator:
Indian River County
2145 14th Avenue
Vero Beach, Florida' 32960
Dear Mr. Jennings:
I want to express my appreciation for the county's
acceptance bf maintenance for the fishing walk on
the S.R. 510 bridge. We would like for you to start
this on April 1, 1977, if that is satisfactory.
Since you will not be able to take over the park on
U.S. 1, we will remove these facilities and close
the park in order to conclude our divesture program
in Indian River County.
Again, I appreciate your help in this matter.
Sincerely,'
l,&.
William K. Fowler, P. F. 61
District Engineer
AR 2 31977 f.L�� 29`?'
I
COMMISSIONER DEESON SAID IT HAD BEEN HIS UNDERSTANDING THAT WE
Q
DECLINED TO MAINTAIN THE PARK IN ANTICIPATION THAT THE STATE WOULD CONTINUE
TO MAINTAIN IT, AND HE SUGGESTED THAT THE COUNTY CONSIDER TAKING OVER
THE MAINTENANCE OF THE PARK RATHER TH4N HAVE THE DOT CLOSE IT DOWN,
AFTER FURTHER DISCUSSION, THE BOARD AGREED.
OR" MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO CONTACT
THE DOT AND REQUEST THEM TO LEAVE THE FACILITIES AT THE WAYSIDE PART ON
u,S. 1 IN SEBASTIAN AND LET THE COUNTY TAKE OVER MAINTENANCE OF THE PARK.
,COMMISSIONER SCHMUCKER PRESENTED TO THE BOARD A PROPOSED CONTRACT
WITH,JOHN BURGER, DATA PROCESSING CONSULTANT.
ATTORNEY COLLINS STATED IF THE BOARD IS SATISFIED WITH THE GEN=—
ERAL GOAL OF THE CONTRACT, THEY COULD AUTHORIZE THE CHAIRMAN'S SIGNATURE,
AND HE WILL REDRAW IT IN A MORE LEGALISTIC FORM AND RETURN IT FOR SIGNATURE.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY APPROVED THE CONTRACT WITH DATA PROCESSING CONSULTANT
.JOHN BURGER AND AUTHORIZED THE CHAIRMAN'S'SIGNATURE AFTER THE CONTRACT HAS
,BEEN REDRAWN BY THE ATTORNEY.
Y
MAR 23 1977
r
ll/
I
n
77
CONTRACT
This contract is entered into on the 7- k day of
1977 by and between the Board of County Commissioners, Indian River
County, Florida (hereinafter the Board) and John B. Burger (hereinafter
the Consultant).
LA
MAR 23 1977
For and in consideration of the mutual promises herein contained
the parties agree as follows:
1. The Board shall orr.nize a study committee to study the
Board's data processing needs and those of the Clerk of the Circuit
Court (hereinafter the Clerk) during the next five (5) years.
2. Consultant agrees to perform the following services to the
Board, to -wit:
(a) Prepare an operation analysis of the Board's present
data processing requirements
(b) Prepare an operation analysis of the Clerk's present
data processing requirements
-,c) Prepare a requirements specification from a priority
list of future data processing needs of the Board and
Clerk within the next five ( 5 ) years
(d) Determine adequacy of the Clerk's present hardware and
software to meet present and future (5 year limit) data
processing needs of the Board and the Clerk
(e) Determine the effectiveness and cost efficiency of
alternative means, including the use of an outside
data center, for meeting the present and future data
processing needs of the Board and the Clerk
(f) Provide interim oral and written reports to the study
committee
(g) Provide a final written report to the study committee,
recommending the approach to the data processing
needs of the Board and the Clerk which will offer the
highest probability of success, cost and other factors
considered
3. This Contract shall be completed within ten (10) calendar
weeks from the day of its consummation.
4. The Board agrees to compensate the Consultant at the rate
of Twenty Eight ($28.00) Dollars for each hour certified by the
Consultant to the Board's Finance Officer as spent in the per-
formance of this Contract, plus reasonable travel expenses as
provided in Section 112.061, Florida Statutes, the total com-
pensation not to exceed Three Thousand ($3,000.00) Dollars.
I
F
5. Termination of Contract for Cause. If, through any cause
the Consultant shall fail to fulfill in timely and proper manner
his obligations under this Contract, or if the Consultant shall
violate any of the covenants, agreements, or stipulations of this
Contract, the Board shall thereupon have the right to terminate
this Contract by giving written notice to the Consultant of such
termination and specifying the effective date thereof, at least
five (5) days before the effective date of such termination. In such
event, all finished or unfinished documents, data, studies, and reports
prepared.by the Consultant under this Contract shall, at the option
of the Board, become its property and the Consultant shall be entitled
to receive just and equitable compensation for any satisfactory
work completed on such documents.
Notwithstanding the above, the Consultant shall not be relieved
of any liability to the Board for damages sustained by the Board by
virtue of any breach of the Contract by the Consultant and the Board
may withhold any payments to the Consultant for the purpose of setoff
until such time as the exact amount of damages due the Buard fi:om the
Consultant is determined.
6. Changes. The Board may, from time to time, request changes
in the scope of services of the Consultant to be performed hereunder.
Such changes, including any increase or decrease in the amount of
the Consultant's compensation, which are mutually agreed upon by and
between the Board and the Consultant, shall be incorporated in written
amendments to this Contract.
7. Anti -Kickback Rules. Salaries of personnel performing work
under this Contract shall be paid unconditionally and not less often
than once a month without deduction or rebate on any account except
only such payroll deductions as are mandatory by law or permitted
by the applicable regulations issued by the Secretary of Labor
pursuant to the "Anti -kickback Act" of June 13, 1934 (48 Stat.948;
62 Stat. 740; 63 Stat. 108; title 18 U.S.C., Section 874; and title
40 U.S.C., Section 276c). The Consultant shall comply with all applicable
"Anti -Kickback" regulations and shall insert appropriate provisions
in all subcontracts covering work under this Contract to insure
compliance by subcontractors with such regulations, and shall be
responsible for the submission of affidavits required of sub-
-2-
0
MAR 2 31977
I
contractors thereunder except as the Secretary of Labor may
specifically provide for.variations of, or exemptions from
the requirements thereof.
8. Equal Employment Opportunity. During the performance
of this Contract, the Consultant agrees as follows:
(a) The Consultant will not discriminate against any
employee or applicant for employment because of
sex, race, creed, color, or national origin. Such
action shall include, but not be limited to, the,
following: employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms
of compensation; and selection for training, in-
cluding apprenticeship. The Consultant agrees to
post in conspicious places, available to employees
and applicants for employment, notices to be pro-
vided by the Board setting forth the provisions
of this nondiscrimination clause.
(b) The Consultant will, in all solicitations or
advertisements for employees placed by or on behalf
of Consultant, state that all qualified applicants
will receive consideration for employment without
regard to sex, race, creed, color or national origin.
(c) The Consultant will cause the foregoing provisions
to be inserted in all subcontracts for any work
covered by this Contract so that such provisions .
will be binding upon each subcontractor, provided
that the foregoing provisio__a shall not apply to
contracts or subcontracts for standard commercial
snppi i as or. .raw materials.
9. Findings Confidential. All of the reports, information,
data, etc., prepared or assembled by the Consultant under this Contract
are confidential and the Consultant agrees that they shall not be
made available to any individual or organization without the prior
written approval of the County.
IN WITNESS WHEREOF, the Board and the Consultant have hereunto
affixed their hands and seals the day and year first above written.
Signed, sealed and delivered
in the -presence of: BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
1YtX�
By 6,,y C
William C. Wodtke, Jr., Chairman
s Board
J n V. Burger
As t C nsultant
0
MAR 23 ?9f r
BOB 29 itat1'21
I
STATES ATTORNEY ROBERT STONE APPEARED AND INFORMED THE BOARD
THAT HE WILL WORK TOGETHER WITH THE SHERIFFS DEPARTMENT TO TRY TO SOLVE
THE PROBLEM OF ENFORCEMENT OF THE ANIMAL CONTROL ORDINANCE.
COMMISSIONER SCHMUCKER DISCUSSED WITH THE BOARD HIS.CONCERN ABOUT
THE WIDTH OF 16TH STREET FROM 20TH AVENUE TO 43RD AVENUE. HE NOTED THERE
IS A TERRIBLE PROBLEM WITH THE AMOUNT OF TRAFFIC ON 16TH STREET AND ALL
THE CHILDREN'WALKING AND RIDING BICYCLES TO SCHOOL. HE COMMENTEr THAT IT
WOULD BE A TREMENDOUS PROBLEM TO WIDEN THIS ROAD, BUT HE FELT IT SHOULD
BE ADDED TO OUR SECONDARY ROAD PROGRAM AND GIVEN A HIGH PRIORITY.
COMMISSIONER LOY ASKED WHERE OUR RESPONSIBILITY LIES AND WHERE
THE CITY'S DOES IN REGARD TO A SECONDARY ROAD THAT IS WITHIN A MUNICIPALITY.
ADMINISTRATOR KENNINGS DID NOT FEEL HE COULD ANSWER THIS QUESTION
WITHOUT DISCUSSING IT WITH THE DOT. HE THEN WENT INTO TECHNICALITIES AS
TO HOW THE WIDENING OF 16TH STREET COULD BE ACCOMPLISHED,
COMMISSIONER SCHMUCKER REQUESTED THAT THE ADMINISTRATOR BE AUTHOR-
IZED TO GO OVER THIS PROBLEM WITH THE DOT AND REPORT BACK AS TO ''.'HOSE RE-
SPONSIBILITY THE WIDENING OF THIS ROAD WOULD E:. THE BOARD AGREED.
COMMISSIONER LOY REPORTED THAT THE CITY OF VERO BEACH APPROVED
CONSTRUCTING RESTROOM FACILITIES AT THE 16TH STREET BALLPARK COMPLEX AT
THEIR LAST MEETING AND ARE GOING TO TRY TO HAVE THIS IN SERVICE BY THE IST
OF .JUNE. SHE CONTINUED THAT LEWIS GREENE, HEAD OF THE PUBLIC WORKS DEPART-
MENT, HAD ASKED HER IF SOME PROVISION SHOULD BE MADE IN THIS FACILITY TO
HANDLE THE HANDICAPPED. COMMISSIONER LOY INFORMED THE BOARD THAT, IN VIEW
OF THE FACT THAT THE LAW REQUIRES.THIS AND WE WOULD WANT TO PROVIDE FOR
THE HANDICAPPED IN ANY EVENT, SHE DID NOT FEEL THERE WAS ANY CHOICE AND
TOLD MR. GREENE TO MAKE SUCH PROVISION, EVEN THOUGH IT MAY ADD A LITTLE TO
THE COST. THE BOARD AGREED THAT THIS SHOULD BE DONE,
COMMISSIONER SIEBERT ANNOUNCED THAT THE BUILDING DEPARTMENT FEASI-
BILITY STUDY COMMITTEE WILL MEET MARCH 24, 1977, AT 7:30 P.M. AND ALL IN-
TERESTED PARTIES ARE ENCOURAGED TO ATTEND AND PARTICIPATE.
CHAIRMAN WODTKE STATED THAT HE WOULD AT THIS TIME APPOINT BOB
MAXWELL TO SERVE ON THE ABOVE COMMITTEE REPRESENTING THE PLUMBING FIELD.
0
MAR 2 31977
66
I
CHAIRMAN¢WODTKE INFORMED THE BOARD HE HAS RECEIVED A LETTER FROM
MAYOR NOLAN OF THE TOWN OF INDIAN RIVER SHORES ASKING THAT WE LEND THEM
INTERGOVERNMENTAL COORDINATOR THOMAS TO ASSIST THEM IN FINDING WAYS TO
FINANCE A WATER AND SEWER PROGRAM FOR THE TOWN,
DISCUSSION FOLLOWED AS TO WHETHER MR, THOMAS HAS ANY SPARE TIME
FOR THIS PURPOSE, AND IT WAS NOTED THAT THE TOWN OF INDIAN RIVER SHORES
ALREADY HAS A SEWER AND WATER STUDY ON FILE, THE CHAIRMAN STATED HE FELT
WHAT THEY WANT IS ANY POSSIBLE HELP IN SECURING A GRANT,
COMMISSIONER SIEBERT SUGGESTED THAT MR, THOMAS TALK WITH MAYOR
NOLAN AND DETERMINE EXACTLY WHAT THEY WANT HIM TO D0,
INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT HE
ALREADY HAS SENT THEM A PROFESSIONAL GRANTSWOMAN, WHO SPECIALIZES IN SECUR-
ING SEWER GRANTS, BUT HE WOULD BE GLAD TO TALK TO THE MAYOR IF THE BOARD
DESIRES,
CHAIRMAN WODTKE INSTRUCTED INTERGOVERNMENTAL COORDINATOR THOMAS
TO TAKE A FEW HOURS TO SEE IF HE CAN ASSIST THE TOWN OF INDIAN RIVER SHORES
III SECURING SOME GRANT POSSIBILITIES, BUT NOT TO GET INVOLVED WITH CON-
STRUCTION,
THE SEVERAL BILLS AND ACCOUNTS AGAINT THE COUNTY, HAVING BEEN
AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT WERE APPROVED AND WARRANTS
ISSUED IN*SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND NO, 54528 - 54609
INCLUSIVE, SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE
,CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE
FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES
OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED
BEING MADE A PART OF THESE MINUTES,
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND
CARRIED, THE BOARD ADJOURNED AT 4:52 O'CLOCK P.M.
ATTEST:
CLERK
n
67
CHAIRMAN
MAR 2 31977
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