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HomeMy WebLinkAbout9/7/1977� a r WEDNESDAY, SEPTEMBER 7, 1977 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, SEPTEMBER 7, 1977, AT 8:30 O'CLOCK A. M. PRESENT WERE WILLIAM C. WODTKE, .JR., CHAIRMAN; ALMA LEE LOY, VICE CHAIRMAN; WILLARD W. SIEBERT, .JR., EDWIN S. SCHMUCKER; AND R. DON DEESON. ALSO PRESENT WERE .JACK G. .JENNINGS, COUNTY ADMINISTRATOR; L. S."TOMMY" THOMAS, INTER- GOVERNMENTAL COORDINATOR; GEORGE G. COLLINS, SJR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; WILLIAM P. .JACKSON, FINANCE OFFICER; AND VIRGINIA HARGREAVES, DEPUTY CLERK. THECCHAIRMAN CALLED THE MEETING TO ORDER, ATTORNEY COLLINS LED THE PLEDGE OF ALLEGIANCE TO THE FLAG AND REVEREND J. DON .JORDON OF GLENDALE BAPTIST CHURCH GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF AUGUST 24, 1977. COMMISSIONER DEESON REQUESTED THAT ON PAGE 5, 9TH PARAGRAPH, "PROTION" BE CORRECTED TO READ "PORTION". CHAIRMAN WODTKE REQUESTED THAT ON PAGE 1, LAST PARAGRAPH, THE HOUR OF "9:43" BE CORRECTED TO READ "8:43" AND ON PAGE 5, PARAGRAPH 6, "9:55" BE CORRECTED TO READ "8:55," THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF AUGUST 240 1977, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF AUGUST 25, 1977, COMMISSIONER SIEBERT ASKED THAT ON PAGE 4, PARAGRAPH 7, "ANTICIPATE" BE CORRECTED TO READ "ANTICIPATED." COMMISSIONER SIEBERT REQUESTED THAT ON PAGE 3, PARAGRAPH 3, THE PHRASE "BID MADE A VERO BEACH LINCOLN MERCURY" BE CORRECTED TO READ "BID MADE BY VERO BEACH LINCOLN MERCURY ..". THESE CORRECTIONS HAVING BEEN MADE, OM MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF AUGUST 25, 1977, AS WRITTEN. R�?OK 30 PAuc 425 SEP 7 1977 THE CHAIRMAN DISCUSSED VARIOUS ITEMS ON THE CLERKS AGENDA AND INQUIRED ABOUT THE $350.00 ITEM FOR MISCELLANEOUS EXPENSE REQUESTED IN THE CIVIL DEFENSE BUDGET AMENDMENT. FINANCE OFFICER .JACKSON STATED THAT IT INVOLVES THREE SMALL BILLS, WHICH HE BELIEVES ARE ALREADY IN HAND. CHAIRMAN WODTKE FELT THIS SHOULD NOT HAVE BEEN DONE WITHOUT GETTING PERMISSION FROM THE BOARD FIRST, AND DISCUSSION ENSUED AS TO WHETHER ANY OF THE WORK HAD BEEN DONE BY COUNTY PERSONNEL. IT WAS AGREED TO CHECK ON THIS MATTER FURTHER AND TAKE IT UP LATER IN THE MEETING. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR RENEWAL PERMIT TO CARRY A CONCEALED FIREARM FOR JAMES BROWN. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR PERMIT TO CARRY A CONCEALED FIREARM FOR BARBARA B. HELPLING AND WILLIAM E. RABENHORST, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR JUDITH WAKEFIELD, COUNTY EXTENSION DIRECTOR, AND PETE SPYKE, AGRICULTURAL SPECIALIST, AS FOLLOWS: JUDITH WAKEFIELD: SEPT. 9 FT. PIERCE 4 -CO NTY-EXTENSLON STAFF CONFERENCE WITH DR. LALLOWAY, DISTRICT AGENT SEPT. 30 WEST PALM BEACH TRAINNG RE EXTENSION SERVICES ROLE IN THE 268 WALTER QUALITY PROGRAM PETE SPYKE: SEPT. 9 FT. PIERCE 4 -CO NTY ERTEN ION STAFF CONFERENCE WITH DR. UALLOWAY, DISTRICT AGENT SEPT. 13-14 SEBRING FLORIDA -CITRUS INSTITUTE (SEMINAR GEARED TO ENTIRE STATE.) SEPT. 30 WEST PALM BEACH SECTION 208 WATER QUALITY PLANNING MEETING ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AGREED TO REFUND TO THE TAX COLLECTOR BECAUSE OF AN OVERDISTRIBUTION OF TAX MONIES THE FOLLOWING AMOUNT: GENERAL FUND $ 8399.99 ROAD & BRIDGE (COUNTY ONLY) 905.13 FINE & FORFEITURE 8,250*1*79 $17,555.91 2 SEP 7 ���°� oaK 36 PAA, 496 0 L_A_ ON MOTION BY COMMISS.IONER.LOY, SECONDED BY COMMISSIONER nEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN THE FEDERAL REVENUE SHARING STATEMENT OF ASSURANCES. general revenue sharing -----STATEMENT of ASSURANCES GENERAL ASSURANCES (applies to all governments) The recipient government assures that it will: (1) Establish a trust fund and deposit all revenue sharing funds received in that trust fund, according to regulations prescribed by the Office of Revenue Sharing. (2) Use revenue sharing funds within a reasonable time (two years from the end of each entitlement period) according to regulations prescribed by the Office of Revenue Sharing. (3) Not use entitlement funds for lobbying purposes. (4) Provide forthe expenditure of revenue sharing funds in accordance with the laws and procedures applicable to the expenditure of its own revenues. (5) Use fiscal accounting and audit procedures as spec - Hied by the Office of Revenue Sharing; provide access to and the right to examine books, documents, papers or records for purposes of reviewing compliance with this Act; and make such reports as the Director may reason- ably require. (6) Comply with the prevailing wage provisions of the Davis -Bacon Act on any construction project costing in excesi of $2,000 when 25 percent or more of the costs of such project are paid out of revenue sharing funds. (7) Pay individuals employed in jobs financed in whole or in part out of revenue sharing funds wages not lower than the prevailing rates of pay for persons employed by. it in similar public occupations. This provision does not apply to an employee or employees in any program cate- gory who are being paid in whole or in part with general revenue sharing funds unless 24 percent or more of the aggregate wages paid to all employees in that category are paid from revenue sharing funds. (8) In case of the governing body of an Indian tribe or Alaskan native village, spend revenue sharing funds for the benefit of members of the tribe or village residing In the county area from which its revenue sharing funds were allocated. (9) Not exclude from participation in, deny the benefits of, or subject to discrimination under any program or activity, any person in the U.S. on the grounds of race, color, national origin, or sex. Not discriminate on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped indi- vidual as provided in Section 504 of the Rehabilitation Act of 1973, or religion except that any exemption from such prohibition against discrimination on the basis of religion as provided in the Civil Rights Act of 1964, or Title Vlll of the Act of April 11, 1968, shall also apply. (10) In the event a Federal or State court or Federal administrative law judge makes a holding as defined in Section 51.67 of the regulations against the recipient government, provide a copy of the holding to the Director Of the Office of Revenue Sharing within 10 days of receipt of such a holding by the recipient government. It. SPECIAL PUBLIC PARTICIPATION & PUBLIC- HEARING ASSURANCES A. Proposed Use Hearing (applies to all recipient govern- ments, unless a government qualifies for a waiver under the condition listed below). Requirement Section 121(b)(1) of the State and Local Fiscal Assist- ance Act of 1972, as amended, requires each recipient government to have at least one public hearing on L_ ACCT NO 10 1 031 031 INDIAN RIVER COUNTY COUNTY CLERK INDIAN• RIVER COUNTY VERO BEACH FLORIDA 32960 EP 9 -ALLOCATION $527 .125 possible uses of entitlement' funds before the govem- mental authority with responsibility for presenting the proposed budget. This public hearing is to be conducted not less than seven (7) days before the budget is pre- sented to the governmental body responsible for its enactment. Notice of the proposed use hearing is required to be published in a newspaper of general circulation at least ten (10) days prior to the date of the hearing. (See Section 51.13 of the regulation.) Waiver Provision(s) The proposed use hearing requirement may be waived by the Director of the Office of Revenue Sharing If the government's Chief Executive Officer assures: (check if appropriate) ❑ 1. The unavoidable expenses associated with holding a public hearing on possible uses of entitlement funds, and other direct costs, exceed 15% of the reci- pient government's entitlement for the fiscal year. Documentation supporting costs In excess of 15% shall be retained by the recipient government as part of Its financial records and shall be subject to public Inspection and Federal audit verification. When re- quested by the Director, such financial records shall be submitted to the Office of Revenue Sharing within 15 days of the request. Check The newspaper publication requirement related to only the proposed use hearing may be waived by the Director one of the Office of Revenue Sharing under Section 51.13(c)(2) of the regulation for a recipient government block which assures the following: (check if apprropriate) ❑ 2. Newspaper publication is impractical or infea- sible, and an alternative method of publication will be used which informs the citizens of the jurisdiction of the date, place, time, and subject of the proposed use hearing. (Questions regarding the feasibility of newspaper publi- cation may _occur in areas where there is no local newspaper serving the recipient government's geo- graphic area.) Documentation describing the alternative method used In lieu of newspaper publication shall be retained by the recipient government as part of Its records and shall be subject to public inspection and Federal audit verification. When requested by the Director, such supporting documentation shall be submitted within 15 days of the request. B. Budget Hearing (applies to all recipient governments, unless an alternative budget hearing process is used.) YOUR CHIEF EXECUTIVE OFFICER IS REQUIRED TO SIGN ON THE BACK OF THIS FORM. ORSL-4S. 2 June 1977 �c is 0000026--1 �oK 30 pAcr 41°7 general L� r sharing STATEMENT of ASSURANCES (continued) Requirement Section 121(b)(2) of the State and Local Fiscal Assist- ance Act of 1972, as amended, requires each recipient government to hold a public hearing on the proposed uses of entitlement funds and the relationship of such funds to its entire budget prior to its enactment. The budget hearing is to be conducted by the governmental body responsible for enacting the budget. (See Section 51.14 of the regulation.) Waiver Provision (Alternative Procedures) An alternative budget hearing process, as provided in Section 51.14(e) of the regulation, may be used by any recipient government which assures the following: (check if appropriate) X ❑ (1) State or local law exists which requires a public hearing on the budget which meets the require- ments of Section 121(b)(2) of the Act and such State or local law has been complied with. Cite the applicable section of the State or local ordinance: or infeasible, and an alternative method of publication will be used. Documentation describing the alternative method which Informs the citizens of the Jurisdiction regarding use of entitlement funds shall be retained by the recipient government as part of its records and shall be subject to public inspection and Federal audit verification. When requested by the Director, support - Ing documentation shall be submitted within 15 days of the request. ❑ (2) The cost of newspaper publication of the budget summarization will exceed fifteen (15) percent of the amount of entitlement funds included in the pro- posed budget, and an alternative form of publication for the budget summary will be used. Documentation supporting costs in excess of fifteen percent shall be retained by the recipient government as part of Its records and shall be subject to public Inspection and Federal audit verification. When requested by the Director, supporting documen- Cho Action 129.03, Florida Statutes tation shall be submitted within 15 days of the request. 0* (Do not submit a copy unless specifically requested by one ORS.) Ill. SPECIAL ACCOUNTING, AUDITING, AND EVALUATION o block If the block is checked, the recipient government there- by assures the Director that alternative procedures are ASSURANCES eui (does not apply to governments receiving less than $25,000 e for a fiscal year (see instruction A(6)) e being employed which provide the public with adequate c opportunity to participate in the government's budget Requirement K process consistent with the re uirements of Section 121(b)(2) oo t e Act and ectton 1.14(a) an 51.1 Section 123(c)(1) of the State and Local Fiscal Assist - ante Act, as amended, and Section 51.101(a) of the i othe reguTailon. regulations promulgated thereunder require a recipient Dotumentation establishing eligibility for the use government to have an independent audit of its financial b. of alternative budget hearing processes shall be re- statements conducted in accordance with generally talned by the recipient government as part of its accepted auditing standards not less than once every ' records, and shall be subject to public inspection and three years. c Federal audit verification. When requested by the Director, such documentation shall be submitted with - Waiver Provisions In 15 days of the request. The above requirements shall not apply if the Chief ' Executive Officer of the recipient government assures C. PUBLICATION one of the following: Requirement ® (1) Government financial statements are audited Section 121(c)(1) of the State and Local Fiscal Assist- ante Act of 1972, as amended, requires a recipient by independent public accountants or auditors in ac- rd ' co dance with State or local law. Such independent government to publish in a newspaper of general circu- Cation within its geographic area, a notice of the budget Check audits are conducted in accordance with generally accepted auditing standards, not less than once every _ hearing and a summary of the proposed budget. (See only three years. 3 Section 51.14(b) of the regulation.) one ❑ (2) A series of independent audits are conducted block Waiver Provisions (Alternative Forms of Publication) over a period of time, In accordance with generally The newspaper publication requirement may tre waived by the Director of the Office of Revenue Sharing under accepted auditing standards, which does not exceed three fiscal years and which covers all of the accounts Section 51.14(f) of the regulation for any recipient of the recipient government. government which assures one of the following: ❑ (3) Government financial accounts are not cur- ❑ (1) Newspaper publication of proposed uses of entitlement funds and budget summaries is impractical rently auditable. (If it is not known whether the financial accounts are auditable, refer to Section 51.102 of the regulations.) 1 hereby assure the Director of the Office of Revenue Sharing that with respect to payment received under the Act, the mandatory requirements of the State and Local Fiscal Assistance Act of 1972 (as amended) enumerated in Section I the foregoing assurances will be complied with by the recipient government named of herein. further assure the Director of the Office of Revenue Sharing that the public hearing and public participation requirements and the accounting, auditing and fiscal procedures requirements of the Act, when applicable, will be complied with by this government. understand that the acceptance, of the foregoing assurances by the Director of the Office of Revenue Sharing does not prevent the Director from holding a recipient government responsible for noncompliance with the Act and the regulations. l6, U r f/��.//' �wQ �ri�'��c'�f.Uf Board of County Commissioners _911/� SIGNATURE OF CHIE E ECUTIVE OFFICER Indian River Count, Florida William C. Wodtke, Jr. NAME OF GOVERNMENT (PLEASE PRINT) -Chairman NAME AND TITLE (PLEASE PRINT) DATE _ _qnS—S67-7977 TELEPHONE NUMBER This form must be received BEFORE September 9, 1977 by: Office of Revenue Sharing 2401 E Stinot. N.W. , Washington, D.C. 20226 SEP 7 1977 800K 30 FArr 428 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE .BOARD UNANIMOUSLY AGREED TO REFUND ,TO THE TAX COLLECTOR $5.59 TO CORRECT AN OVERDISTRIBUTION CAUSED BY TO ERROR, ON MOTION BY COMMISSIONER LAY, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING ITEM -TO -ITEM TRANSFER AS REQUESTED BY THE SUPERVISOR OF ELECTIONS TO PURCHASE A NEW ADDING MACHINE. ACCOUNT TITLE ACCOUNT No. INCREASE DECREASE SURVR, OF ELECTIONS - EQUIPMENT 01-2440-402 $200 SuRVR. OF ELECTIONS - PRINTING 01-2440205-02 $200 ON MOTION BY COMMISSIONER LAY, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT AS REQUESTED BY THE STATE'S ATTORNEY: ACCOUNT TITLE ACCOUNT N0, IN R ASE ..DECREASE STATE ATTORNEY - CONTRIBUTIONS 03-2332-301.06 $1,496, RES. FOR CONTINGENCIES 03-9990-701.00 $1,496, ON MOTION BY COMMISSIONER LAY, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT IN REGARD TO THE TAX COLLECTOR'S COMMISSIONS: ACCOUNT TITLE ACCOUNT N0. INCREASE DECREASE TAX COLLECTOR - COMMISSIONS 01-2212-334 $25,000, RES. FOR CONTINGENCIES 01-9990-701 $25,Q00. ON MOTION BY COMMISSIONER LAY, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE ERRORS AND INSOLVENCIES LIST OF THE 1976 TAX ROLL AS FILED IN THE OFFICE OF THE CLERK. REPORT OF CONVICTIONS, CIRCUIT COURT, AUGUST 1977, WAS RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK. CHAIRMAN WODTKE INSTRUCTED THAT A SIXTH ITEM BE ADDED TO THE -ADDITIONAL CLERK'S AGENDA IN REGARD TO THE YEARLY APPLICATION TO THE STATE DIVISION OF LIBRARY SERVICES FOR STATE AID TO THE LIBRARY. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING ITEM -TO -ITEM TRANSFER FOR THE ROAD & BRIDGE DEPARTMENT TO ENABLE THEM TO PURCHASE A TRAXCUVATOR: .............. ACCOUNT TITLE ACCOUNT NO, INCREASE DECREASE ROAD & BRIDGE - EQUIP. 02-4102-402.00 $69,000 ROAD & BRIDGE - MAT'LS. 02-4102-203.005 $69,000 SSP 7 1977 30 Fay 4-� im ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING ITEM -TO -ITEM TRANSFERS FOR THE ROAD AND BRIDGE DEPARTMENT TO ENABLE THEM TO MAKE SEVERAL EQUIPMENT PURCHASES FROM FEDERAL REVENUE SHARING FUNDS (RADIO SYSTEM, DUMP TRUCK, TRACTOR MOWER, 4 -DOOR SEDAN); ACCOUNT TITLE ACCOUNT NO. INCREASE DECREASE FRS Co, ADM. — EQUIP. 62-2104-402 $ 6,429 FRS ROAD & BRIDGE -EQUIP. 62-4102-402 63,369 .FRS ROAD & BRIDGE- MAT'LS, 62-4102-203 $69,798 ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT IN REGARD TO THE RECEIPT OF UNANTICIPATED REVENUE IN THE FORM OF INSURANCE PROCEEDS AND THE FOLLOWING ITEM -TO -ITEM TRANSFER TO ENABLE THE ROAD & BRIDGE DEPARTMENT TO SUPPLEMENT THE PROCEEDS OF THE INSURANCE SETTLEMENT IN ORDER TO PURCHASE A REPLACEMENT FOR THE FRONT END LOADER. ACCOUNT TITLE ACCOUNT N0. INCREASE REMARKS RAD & BRIDGE - 1NSURANCE PROCEEDS 02-1961,000.00. $50,750 REVENUE ROAD & BRIDGE EQUIPMENT 02-4102-402.00 50,750 EXP. :ACCOUNT TITLE ACCOUNT No. INCREASE DECREASE ROAD & BRIDGE EQUIPMENT 02-4102-402.00 $16,887 ROAD & BRIDGE - CONSTRUCTION MATI LS. 02-4102-203.00 $16,887 ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED.BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT TO RECLASSIFY EXPENDITURES FOR REPAIR BILLS APPLIED TO EQUIPMENT USED IN THE RECENTLY CLOSED REFUSE DISPOSAL DEPARTMENT. _. ACCOUNT TITLE A666k_ tk, INCREASE DECREASE RE USE DISPOSAL EQUIPMENT MAINT. 01-4210-338.01 $27,902 REUSE DISPOSAL SALARIES & WAGES 01-4210-102.00 $27,902 1.1 SEP 7 1977 RiT1'K. `AGF ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT AS REQUESTED BY JUDGE STIKELETHER TO PAY RENTAL ON HIS COPIER MACHINE FOR 12 MONTHS INSTEAD OF ONLY 10. ACCOUNT TITLE �. COU ��� NT INCREASE DECREASE COUNTY COURT - RENT 03-2324-331.30 $130 RESERVE FOR CONTINGENCIES 03-999--701,00 $130 ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER LOY" THE BOARD UNANIMOUSLY APPROVED AGREEMENT WITH THE DIVISION OF LIBRARY SERVICES FOR STATE AID TO LIBRARIES AND AUTHORIZED THE CHAIRMAN'S SIGNATURE TO THE APPLICATION FOR THE GRANT. 7 e RJfIK °Aur 431 i FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY SERVICES APPLICATION AND AGREEMENT FOR STATE AID TO LIBRARIES The Board of County Commissioners of INDIAN RIVER County hereby applies to the Division of Library Services of the Florida Department of State for an operating grant for public library service as authorized under Chapter 257, Florida Statutes, for the fiscal year begin- ning October 1, 1977, and lending September 30, 1978. We certify that the following amounts were expended for the operation of public library service during the fiscal year ending September 30, 1976. Local Expenditures, October 1, 1975 - September 30, 1976 ............. $ 96,082 Less, State Aid .................................... $ 5,128 Less, LSCA Program Grants .......................... $ 12,24.0 Less, Any Funds Not Expended Centrally ............. $ Total Local. Expenditures Qualified for Matching .... $ 78,714 We certify that the following amounts, exclusive of federal and state grants, will be available and expended for public library use during fiscal. year 1977-1978. County Appropriations (County funds from local sourcesonly) ................................... $ 72,789 *City Appropriations'(City funds from local sourcesonly) .............................,..... $ Other (specify) giftst.rentals,.fines,......... $ 29,600 memorials, c&pier,•book sales ..... ..... . . .. . . ..... . . . .. . . . ... . . . .. . .. . ... . . . *Affidavit from each city providing funds optional. TOTAL $ This library service is provided through contracts with the following cities and counties: The yield of a one mill tax in this county is $813,319.89 78-A1 11 432 A6 . ai1GK r�,� SEP 7��` The Applicant agrees to expend any grant(s) awarded pursuant to this Application and Agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and Chapter 1B-2, Florida Administrative Code, relating to county free public libraries and the State Library, which Chapters are incorporated by reference as part of this Application and Agreement and attached hereto. _.__.Clerk of the Circu' Court Chairman, / INDIAN RIVER County Board of County Commissioners 2 ate - i The Division of Library Services of the Florida Department of State acknowledges receipt of the aforegoing Application and hereby approves said Application for grant(s) in the total amount of $ ; dated this day of 1977, at Tallahassee, Florida. Attest: BARBARRATT WILKINS, ACTING DIRECTOR Division of Library Services Florida Department of State SEP 7 1977 { i 4:33 � ATTORNEY COLLINS REQUESTED THAT ITEM 3 ON THE AGENDA IN REGARD TO SETTING A DATE FOR THE BUDGET PUBLIC HEARINGS BE HELD OVER UNTIL LATER - IN THE DAY. DANA HOWARD, OF CARTER ASSOCIATES, APPEARED IN REGARD TO FINAL APPROVAL OF WESTWOOD SUBDIVISION, FORMERLY REBELWOOD WEST. COMMISSIONER SCHMUCKER ASKED IF ANYTHING WAS CHANGED FROM THE ORIGINAL SUBDIVISION EXCEPT THE NAME, AND MR. HOWARD SAID THAT WAS THE ONLY CHANGE, ATTORNEY COLLINS NOTED THAT THIS IS A PRIVATE SUBDIVISION AND THE PUBLIC UTILITY COMPANIES ARE NOW ASKING THAT A STATEMENT BE ADDED TO THE PLAT OF SUCH SUBDIVISIONS STATING THAT THEY WILL BE ALLOWED TO USE THE PRIVATE EASEMENTS. ADMINISTRATOR .JENNINGS SAID THAT HE WOULD LIKE TO HAVE A STATEMENT PREPARED THAT CAN BE USED ON ALL PLATS IN THE FUTURE AS HE WISHES TO KEEP THIS UNIFORM AND WOULD LIKE TO SEND OUT COPIES OF SUCH A STATEMENT TO ALL CONTRACTORS IN THE AREA. THE ADMINISTRATOR INFORMED THE BOARD THAT THIS PLAT MEETS ALL SUBDIVISION REQUIREMENTS BUT THAT IT HAS GONE OVER THE SIX MONTHS EXTENSION DATE. HE FURTHER NOTED THAT THERE IS ONE SIGNATURE MISSING ON THIS PLAT, AND IT IS HIS INTENTION IN THE FUTURE THAT NO PLAT BE BROUGHT BEFORE THE BOARD UNTIL IT IS COMPLETELY SIGNED. ADMINISTRATOR .JENNINGS POINTED OUT THAT IF THE BOARD APPROVED THIS PLAT, IT POSSIBLY COULD BE PUT ON RECORD WITHOUT ALL SIGNATURES. ATTORNEY COLLINS AGREED THAT THIS COULD HAPPEN, BUT NOTED THE PLAT WOULD BE DEFECTIVE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED AN EXTENSION OF TENTATIVE APPROVAL TO WESTWOOD SUBDIVISION, FORMERLY REBELWOOD WEST, TO SEPTEMBER 7, 1977, AS THE WORK HAS BEEN COMPLETED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL TO WESTWOOD SUB- DIVISION, FORMERLY REBELWOOD WEST, SUBJECT TO ALL SIGNATURES BEING ON THE PLAT AS REQUIRED AND ALSO SUBJECT TO THE INCLUSION OF A DEDICATION OF EASEMENT TO PUBLIC UTILITIES, 10 SEP 1977 30 434 DANA HOWARD NEXT ADDRESSED THE BOARD IN REGARD TO FINAL APPROVAL OF LINDSEY PINES, FORMERLY MAXWELL MANOR, AND NOTED THAT THIS PLAT ALSO DOES NOT HAVE ALL THE SIGNATURES AND ALSO NEEDS THE PUBLIC UTILITIES DEDICATION ADDED. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THE SUBDIVISION IS COMPLETE AND READY FOR RECORDING. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL TO LINDSEY PINES, FORMERLY MAXWELL MANOR, SUBJECT TO ALL NECESSARY SIGNATURES AND A DEDICATION RE PUBLIC UTILITIES BEING INCLUDED ON THE PLAT. THE HOUR OF 9;30 O'CLOCK A. M., HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF. OF PUBLICATION ATTACHED, TO -WIT; VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath saps that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of D Tnhr� 1 In the Court, was pub- lished In said newspaper in the issues of '�A 22 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tiserrent; 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 d of A.D. T-1 (Busirle anagen) (Clerk of the Circuit Court, Indian Oj4r County, Florida) (SEAU 11 SEP 7 1977 NOTICE NOTICE IS HEREBY GIVEN thatthe Board of County Commissioners of Indian River County, Florida, will receive bids to the hour of 9:30 A.M. Wednesday, September 7, 1977, for the following: Item No. t One (1) new manufacturer's latest model, track type, diesel powered tractor equipped with hydraulic angle blade. Less trade in of One (1) Model D-7 Caterpillar tractor with cable, angle blade. Item No. 2 One (1) new manufacturer's latest model, track type, diesel powered front end loader. Less trade in of One (1) Caterpillar Model 955K Front End Loader with 13/4 cubic yard bucket. Specifications, Instructions to bidders and bidding blanks are available at the Office of the County Administrator, Room 115. County Court House, or will be mailed upon request. The Board of County Commissioners reserves the right to reject any or all of the bids and make awards in any manner which the Board considers to be in the best interest of Indian River County, Florida. Bids for the above item shall be sub.ritted in an envelope securely sealed and marked on the outside to show the item being bid on and the date and time of the opening. The bids may be mailed or delivered to the Office of the County Administrator, Room 115, County Court House, Vero Beach, Florida, 32960. Proposals received after 9:30 A.M. September 7, 1977, will be returned unopened. Indian River County, Florida Board of County Commissioners By: William C. Wodtke Jr., Chairman Aug. 17, 21,1977. PooK U".4.'35 �, THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: TOTBID PIQANY DIESEL TRACTOR FRONT -END LOADER STANDARD $ID C„ W&LM WEST EACH CMRP I LLAR jjbJJ $70,521 $47,817 CATggp_AR $56,700 $40,000 tT!IN MACHINERY CO., UDERDALE FIA - IS J 5�jB $45,115 FICA FL�4 8 $46,707 $?7,707 FLA.-GEO�GIA TRACTOR CO., N. IAMI IgE_BNATIONAL �llljj; $65,264 $52,906 INT gNATIONAL JJJJ�� $47,890 $48,720 CASE POWER & EQUIP- MENT CO., ORLANDO CAS 1450 $57,900 % BID CASE 1450 $50,500 %. BID CINDER INDUSTRI , i"IEQUIPMENT CO.IAMI wigu $57,984 % BID NO BID % BID ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED TO THE ADMINISTRATOR FOR EVALUATION, THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: 12 SEP 7 1977 . sEria 1977 goo 30 PA -U 437 NOTICE OF SALE • OF REAL ESTATE LOT 4 Less Read RighfofwaY. BLOCK D- Pursuanite Fl.14' Stature 125.35. the Board Vera Trop!cat Gardens. Unit 1 as shown in VERO BEACH PRESS -JOURNAL of county tomm!ss!oners of Indian River Oil!C1Al Record Book 287. Page TSI: Plat Book, County. Florida, will a:cept written bias to the Indian River County 4, Page 75, described on hour of 9:30 A.M. Wednesday, Sepremoer 7 thelax roll ai 0333-]8.0]-0040.0040 Published Week tell, for the cash purchase of the following described County Properties: LOT 1 - BLOCK 0 - Vero T..,iielr Gar. Veto Beach, Indian River County, Flofida dens, Unit 2. as shown in Plat Book, Indian LOTS 22 and 23 BLOCK 7 - Hall, Carter B River County a• Page 64, described on the tax • dames S•D as shown in Plat Book, St Lucie J. roll as03-33-38.01-0110-001.0 Pages 2 and 31 described on the tax roil as 00. SWI -04-0020-022.0 located near Fellsmere. LOT 4 - BLOCK O - Vero Tropical Gar. COUNTY OF INDIAN RIVER: Florida dens, Unit 2, as shown in Plat Book, Indian' • STATE OF FLORIDA River County A. Page 64, described on vft tax authority pencrusily appeared J. J. Schumann, Jr. who on oath LOTSa6 and S9 BLOCK 2 - Hall, Carter B roll as03-33.11""I70.001-0 James 5 -Das shown in Plat Book, 51. Lucie 3, Before the undersigned r published • pys that ha is Business Manager Of the Vero Beach Press•Journal, a weekly riewspape pub being Pages 2 and 31 described on the tax Tall as 00• LOT 17 -BLOCK 17, Grovernar Estates S•D at Vero Beach in Indian River Cwa ry, Florida; that the attached copy of advertisement, 31.37.04-0020-056.0 located near Fellsmere. No. 1, as shown in Plat Book, Indian River County 4. Page 79, described the tax Florida on roll as 27-33-39.02.0130.012.0 LOT 58 BLOCK 2- Hall, Carter E James S- B D as shown in Plat Book. St. Lucre ]• Pages 2 LOT 11 -BLOCK 171 -Lakewood Park, and 31 described on the tax roll TOO0-3I 3":, unit 12A, St. Lucie County, tlescribed e0 The Q 0020-058.0 Iota/ed near Fellsmere, Florida tax roll as 1301-615-0019-000.9 - + ^n O e in the matter of R - _- - ' LOT 66 BLOCK 3 - Hall, Carter a James S. LOT 18 - BLOCK 171 - Lakewood Park, D as shown in Plat Back, St. Lucie 3. Pages I Unit 72A, St. Lucie County, described an the and 31 described on the tax roll as 00.31-37.04• tax roil as 1301.616-0079.000.9 .. 0030.066.0located near Fellsmere, Florida LOT 19 - BLOCK 171 - Lakewood Palk. LOT 153 BLOCK 6- Hall, Carters, James S- Unit 12A, St. Lucie County, described on the In the Courts WAt Plib•. D as shown in Plat Book, St. Lucie 3, Pages 2 tax roll at 1301-01S.M0-000.9 ' and 31 described on the tax roll as 00.31-31-04• ' 0000.153.01ocated near Fellsmere, Florida LOT 70 - BLOCK 171 - Lakewood Park, Bpted In Said newsosger In the Issues of Unit 12A, St. Lucie County, described on the LOT 39 BLOCK 65 - as shown in Plat Book, tax roll at 1301-615.0081.000.6 SL Lucie 7 Pages 3 and 4 described en the tax roll as M31-37-09-0650439.0 located in the Town The Board of County Commissioners of Fellsmere, Florida reserves the right to reject any or all of the bids and make awards in any manner which Beach Jb is a newspaper paper published at LOTS S and 6 BLOCK 77 - as shown in Plat the Board considers to be in The best interest of Indian River County, Florida. Affiant further says that the said Vero that the said newspaper has heretofore County. that a said Back, St. Lucie 2, Pages 3 and 4 described on the tax roil 00.31-37-09A770.00s.q located in All bids shall be for a cash purchase, in 1/el0 Beach, in said Iridian River and in Indian River Counry, Florida, weekly and has been entered as the Town of Fellsmere, Florida writing by legal description as listed above and been Coritinuousiy published said the office in Vero Beach, in said Indian River County, Florida shall include a check payable To Indian River • as second class mail matter at post next preceeding the first publication of the attached copy of adver- - LOTS 6 and 7 BLOCK 80 - as shown in Plat County for ten percent (10 percent) of Inc bid five for a period of one year further says that he has neither paid nor promised any person, firm or Book, St. Lucie 2. Pages 3 and 4 described on Pnte - with the balance due 451 days after acceptance, submitted in an envelope t(sement- and affiant tOrpOratiOn any discount, ebate, commission or refund for the Purpose of securing this adver- - tisement fdr publication in the said newspaper. the tax roll as 00.31.37.09.0900.006.0 located in the Town of Fellsmere, Florida securely sealed and marked oh the outside **SEALED BID FOR COUNTY LAND" along e o LOTS 11 and 12 BLOCK 80 - asshown in Plat with the date and time of the bid opening. The bids may be mailed or delivered to the orrice of Srnmtl to and Subscribed before me this L7..--�deY of A.D.O1� 7 Book. SL Lucie 2, Pages 3 and 4 described on the tax roll as 0 located in the County Administrator. Room 115. County mere, Florida.-0II.O Courthouse. Vero Beach, Florida 32960. flee Town of Fellsmere. loridproposaisreceived alter 9:30A.M.,September- IvlaneRer) LOTS 1 and 2 BLOCK al - as shown in PIa1 7,1977, will returned unopened. _ \ 1 :s- o Bank, St. Lucie 2, Pages 3 and 4 described on Board o/County Commissioners the tax roll as 00-31.37-09.0810001.0 located in In River Jr.Florida Wjl'em C. Wedtkeia. the Town of Fellsmere. Florida thaifman (Clerk of the CUcuit Court, Indian giver County, Florida) Aug. 1017.1977 LOT 16- Block St -as shown in Plat Book, St. Lucie 2, Pages 3 and 4 described on the tax MAL) end as 00-31-31-09-0810-016.0 located in the Town ' - of Fellsmere, Florida .. - LOT 7 BLOCK 95 - as shown in Plat Bonk. St. Lucie 2, Pages 3 and 4 described on the tax colt as 00.3W7-09A9S0-007.0 located in the Town of Fellsmere. Florida LOTS 1 and 2 BLOCK 96 - as shown in Plat 1 Beek St. Lucie 2. Pages 3 and 4 described on the tax roll as 00.31.37-09.0960.001.0 located In ` On Town of Fellsmere, Florida • • LOT 16 BLOCK 97 - as shown in Plat Back, ' St. Lucie 2, Pages 3 and 4 described on the tax WWI as 00.31-37-WO,970-016.0located in the Town ' of Fellsmere, Florida ' LOT Il BLOCK 121, as shown in Plat Book. • St. Lucie 2. Pages 3 and 4 described on the tax ' roil as 00.31.37.09.1210-011.0 located in the Town of Fellsmere, Florida LOTS it and 12 BLOCK 1 - Sebastian Grove ' in EstOtes as shown in Plat Book, Indian River • - Counly S Page 8S on the tax roll as ) • 06-31-39.13-0010.011.0 located west of Old Dixie • t nt south of S.R. $12 • v LOTS 13 and 14 BLOCK 1 - Sebastian Grove - ' Estates as shown in Plat Bock, Intlian River County S Page 05 described on the fax roll as • - "41.39.15-0010.013.0 located west of Old Dixie •� - • Ibst south of S.R.312 - LOT d BLOCK 3 - Sebastian Grove Estates • as shown In Plat Book, Indian River County 5, . Pag013 described on the tax roll as 06.31-39.15. • 0030-006,0 located west of Old Dixie just south . OIS.R.312 • • LOT 9 BLOCK 3 - Sebastian Grove Estates - as shown in Plat Back, Indian River County S. - Page a5 described on the tax ran as 06-3139.15. • : 0030.009.0 located west of old Dixie Just south Of S.R. 512 ' LOT 7 BLOCK 4- Sebastian Grove Estates y. 7 a$ shown in Plat Book, Indian River County 5, • Page 85described on the tax roil as 06.31.39.13• i 0040.007.0 located west Of Old Dixie just south of S.R. 512 LOT 25 BLOCK 4 -Sebastian Grove Estates 1 • as shown In Plat Book, Indian River County 5, a "• Page el described an the tax roll as 06.31.39.1 S. 0040.035.0 located west of Old Dixle just soum of S.R. 512 • a Bag(nMng 72' E of N.W. corner of S.E. 14 of ' N.W. t4 runnIng E. 100', S. ISO% W. 100', H. ISM to Point of Beginning• described on the tax roll ' as 29.31.3940.3000.015.0 located on Broxton t i Road M Wabasso • Beginning 25' E. of N.W. corner of S.E. I'. of - • N.W.14 running E. 47', S. ISO'• W. 47', N. ISM to Point of Beginnim3, described on the tax rolls ' •` of 7931.3900.3000-016.0 located an Broxton i Road In Wabasso.(Adjoins above Property) ' • ` Belilinning S.E. corner of 5. W. 1.4 of N.E. "a of • I f.W. 4 running W. 501• N. i W', E. W', S. 110' to " Paint of Beginning, described on the tax raft as d _ _ '- a93139•ed-5000-033.0 located near Broxton Rad in Wabasso ' B doing 3211'S. of N.E. Garner of N.W. v. Of S.W. 4i funning W 165', S. 372', E W. N. 37Y an Poin101 Be9mning less E. 25' for road Right• OI -way, described oil the tax rolls a9 29.71..39 ' •rt,1 W OWO$L* located an Broxton Road in _ • ; ... abasso li ' N. 50' of S. 173of E. 120.2' of follo9• win . From S.W. of S.E. 25 of N.E. 1 running ning easterly d7SAS'A5' th Mete N. 25' to N. rlghfmt-way ' of Jaelrspn Road from Point 9t Beginning . thence continued N. 300' thence E. 790.4 thence S. 300'then[e W. ]40A• to Point of Be4nninq as ' shown in Record Book 149 Pao, 732, described the Is% roll as 22-3239.00.ioa0�031.0 located _ i near 49th Street in Gifford, (Landlocked) , LOT 17 BLOCK F --Paradise P.rk ..D, unit las shown in Plat geek. I! ill. River County 4, ' Pout 34 described on the Tax roll as O1.3]•Js47. 0070.017,0. LOT 12 BLOCK 0- paraene park 5-0. Unit 305n in Plat 0-h- Ind. Prver County 4. Page ]4 d scribed on the las •0!1 as WJ3ae-07. Flso.ott e sEria 1977 goo 30 PA -U 437 THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: BIDDER PROPERTY AMOUNT OF BID DIANE RENNICK J28' S. QF NE CORNER OF NW 1/4,,. ROXTON D,, WABASSO $ 715.00 JOHN HENSLER LOT 17, BLK E, PARADISE PARK $ 240.00 JOHN HENSLER LOT 12, BLK 0, PARADISE PARK $ 120.00 JOHN HENSLER LOT 16,' BLK 97, FELLSMERE $ 300.00 GEO. CAVALIER LOT 12, BLK 13, GROVENOR ESTATES $2,200,00 KEVIN HAWKINS LOT 121 BLK 13, GROVENOR ESTATES $1,102,00 C. B. SMITH�SEBAS AN GROVE ESTATES - LOTS & 121 ELK. 1 LOTS 13 & 14, BLK, 1 $ 500.00 $ 500,00 OT 25, BLK. 4 $ 500.00 LOT 12, BLK 13, GROVENOR ESTATES Lor 18, BLK 171, LAKEWOOD PARK $ 750.00 $2,000,00 LOT 19, BLK 171, LAKEWOOD PARK $2,000,00 OT 20, BLK 171, LAKEWOOD PARK $2,000,00 VAUGHN HUKILL LOT 1, BLK Q, VERO TROPICAL GRDNS. LOT 4, $ 600,00 BLK Q, VERO TROPICAL GRDNS. 600,00 MARJORIE RACKARD LOTS 22 & 23, BLK 2, HALL, CARTER & JAMES SUBDV. $ 400.00 JOE IDLETTE, JR. 1 50' OF S 175' OF E120-21 (LAND LOCKED $T,,'6I4ORD NEAR 49TH $ 150.00 IRVING .JORDAN LOT 12, BLK 13, GROVENOR ESTATES $1,550.00 .JIM & VERA MICHAUD LOT 12, BLK 13, GROVENOR ESTATES $1,750,00 NELSON HYATT PCS. OF PROPER y OFF 0 BROXTON D,, WABASSO & 2� E OF .�IW COR.., $ 500.00 LANE.& LANE, ATTYS, ROBT. LANE, MIAMI LOT 39, BLK 65, FELLSMERE $ 15010'0 J. G.SCHNEIDER LOT 11, BLK 121, FELLSMERE $ 500.00 MAX WALTHER LOTS 5 & 6, BLK 77, FELLSMERE $ 300,00 CHARLES KNOWLES 528' S OF NE CORNER OF NW 1/4.. BROXTON RD., WABASSO $3,500.00 HARRY RAYMOND 50' OF S 175' OF E 120,2', LAND LOCKED NEAR 49TH ST., 6IFFORD) $ 301,00 FORREST BEUGNOT LOT 7, BLK 95, FELLSMERE $ 100.00 RAY HORNFECK OTS 1 & 12, BLK 1, SEBASTIAN ROVE STS, $ 400.00 ROY FULSANE LOT 12, BLK 13, GROVENOR ESTATES $ 350,00 P. M. ALBRECHT 528' S OF NE CORNER OF NW 1/4., BROXTON RD., WABASSO $ 3,150,00 ADJOINING BROXTON RD, $ 2.75,00 72' E OF NW COR... BROXTON RD. $ 580,00 14 ti �� 1977 AMOK 30 Parr 438 P. M. ALBRECHT LOTS 13 & 14, BLK 1, SEBASTIAN GROVE ESTS. $1,290.00 OTS 11 & 12, BLK 1,•SEBASTIAN ROVE STS. $1,290.00 LOT 11, BLK 121, FELLSMERE $ 100.00 LOT 16, BLK 97, FELLSMERE $ 100.00 LOTS 1 & 2, BLK 96, FELLSMERE $ 700.00 SCHOOL BOARD PROPERTY ??) LOTS 1 & 2, BLK 81, FELLSMERE $ 150.00 LOTS 11 & 12, BLK 80, FELLSMERE $ 150.00 LOTS 5 & 6, BLK 77, FELLSMERE $ 150.00 LOT 58 BLK 2, HALL, CARTER & JAMES �UBDV. $ 75.00 LOTS 56 & 59, BLK 2, HALL, CARTER & JAMES SUBDV. $ 150.00 LOTS 22 & 23, BLK 2, HALL, CARTER & JAMES SUBDV. $ 150.00 DONALD MACKAY SCHOMPSEBAS AN GROV,� ES ATES LOTS & 12, LLK $1,002.00 LOT 25 BLK 4 $1,002.00 LOTS 1S & 14,BLK 1 $1,002.00 LOT 6, BLK 3 $ 752.00 LOT 9, BLK 3 $ 502.00 LOT 7, BLK 4 $ 502.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED TO THE COUNTY I ADMINISTRATOR AND THE INTERGOVERNMENTAL COORDINATOR FOR EVALUATION. COMMISSIONER LOY NOTED THAT WE HAVE RECEIVED A LETTER FROM THE SCHOOL BOARD REQUESTING THAT CERTAIN LOTS BE REMOVED FROM THE LIST OF THOSE TO BE SOLD, AND ATTORNEY COLLINS STATED THAT THE BOARD COULD TAKE CARE OF THIS BY REFUSING ANY BIDS ON THAT PROPERTY. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY REJECTED ANY BIDS RECEIVED ON LOTS 1 & 2, BLK 96, FELLSMERE, ON THE BASIS OF A REQUEST FROM THE INDIAN RIVER COUNTY SCHOOL BOARD. 15 SEP 7 1977 aOKP. 30 Far 4�3 •DEWEY WALKER, ZONING DIRECTOR, APPEARED BEFORE THE BOARD IN REGARD TO A SPECIAL EXCEPTION TO ORDINANCE N0. 74-20 FOR URIAs FORBES. HE STATED THAT MR. FORBES WISHES TO BUILD A DUPLEX ON THIS PROPERTY WHICH IS ZONED R;Z, BUT THE PROPERTY IS LANDLOCKED AND BORDERED BY THE FLORIDA EAST COAST RAILWAY. MR. WALKER NOTED THAT THERE IS A STREET ALONG THE RAILROAD PROPERTY THAT LEADS INTO THIS PROPERTY WHICH HAS BEEN THERE FOR 35 YEARS OR MORE, BUT HE FEELS ANY POSSIBLE CONFLICT WITH THE FEC SHOULD BE STRAIGHTENED OUT, ADMINISTRATOR JENNINGS AGREED THAT THERE IS A WAY IN AND OUT TO THIS PROPERTY, BUT IT IS OWNED BY THE RAILROAD AND ISNOT MAINTAINED BY THE COUNTY. HE ALSO NOTED THAT THERE ARE HOMES IN THIS LOCATION THAT HAVE BEEN THERE FOR MANY YEARS, BUT THE PROPERTY DOES OVERLAP INTO RAIL- ROAD PROPERTY. COMMISSIONER SCHMUCKER SUGGESTED THAT MR, FORBES PUT THE BUILDING ON THE PROPERTY SO IT DOES NOT EXTEND ONTO THE RAILROAD RIGHT-OF-WAY, MR. FORBES INFORMED THE BOARD THAT THE BUILDING .WOULD NOT BE PLACED ON THE RAILROAD RIGHT-OF-WAY. HE NOTED, HOWEVER, THAT THE BANK IS DUBIOUS ABOUT LENDING HIM MONEY TO BUILD ON THIS PROPERTY WITHOUT A SURVEY AND ACCESS, CHAIRMAN WODTKE STATED HE HAS NO OBJECTION TO GRANTING A SPECIAL EXCEPTION AS LONG AS THE FEC ALLOWS MR, FORBES ACCESS, ZONING DIRECTOR WALKER SUGGESTED THAT MR. FORBES OBTAIN A LETTER TO THIS EFFECT FROM THE FEC. IN FURTHER DISCUSSION THE BOARD DID NOT FEEL THERE WAS ANY PARTICULAR PROBLEM WITH GRANTING THE EXCEPTION, BUT DID NOT WISH TO DO IT WITHOUT MR. FORBES MAKING CERTAIN HE HAS INGRESS AND EGRESS FROM THE FEC. IT WAS POINTED OUT THAT THIS INFORMATION WILL BE NEEDED BEFORE MR. FORBES APPLIES FOR SITE PLAN APPROVAL OR CAN GETA LOAN FROM THE BANK, AND HE ALSO SHOULD OBTAIN A CERTIFIED SURVEY OF HIS PROPERTY. ADMINISTRATOR .JENNINGS DISCUSSED WITH THE BOARD A LETTER RE- CEIVED FROM THE ROCKRIDGE PROPERTY OWNERS ASSOCIATION REQUESTING THAT THE COUNTY PAINT ROCKRIDGE HALL, WHICH THE COUNTY OWNS AND MAINTAINS. THE ADMINISTRATOR REPORTED THAT THE COUNTY DID CONSIDERABLE WORK ON THIS BUILDING JUST LAST YEAR AND STATED HE HAS NOT HAD AN OPPORTUNITY TO LOOK AT THE BUILDING LATELY, 16 SEP 7 19773 O r �. `g t THE BOARD AGREED THAT THIS ITEM SHOULD BE HELD OVER UNTIL A FURTHER CHECK IS MADE, COMMISSIONER SIEBERT WILL CHECK INTO THIS MATTER, ADMINISTRATOR JENNINGS INFORMED THE BOARD OF THE POSSIBILITY OF HIS MAKING A TRIP TO THE CATERPILLAR COMPANY PLANT IN PEORIA, ILLINOIS, NOTING THAT IF HE COULD WORK THIS INTO HIS SCHEDULE, THE CATERPILLAR COM- PANY WOULD PAY FOR HIS TRIP, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHUMCKER, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR THE ADMINISTRATOR TO VISIT THE CATERPILLAR COMPANY, PEORIA, ILLINOIS, OCT 2, 3 AND 4, 1977, CHAIRMAN WODTKE DISCUSSED WITH THE BOARD LETTER RECEIVED FROM MAYOR NOLAN OF INDIAN RIVER SHORES AS FOLLOWS: 17 i SEP 7 1977 POOK 30 mu 441 Council Members EDWARD J. NOLAN, Mayor SUZANNE M. BODEN, Vice -Mayor FRITZ E. GIERHART PAUL X. PARENT t"AD D. wILKINs TOWN OF INDIAN RIVER SHORES 6001 NORTH A -1-A INDIAN RIVER SHORES, FLORIDA 32960 Telephone: AC 305-562-1736 a. - CHESTER E. CLEM Town Attorney JAMES W. YOUNG Town Clark ROBERT F. LLOYD Tewn Engineer August 20, 1977 Mr. William C. Wodtke, Chairman Board of County Commissioners Indian River County Court House _ Vero Beach, Florida 32960 Dear Sir: Inasmuch as we are now responsible for providing fire pro- tection and fire prevention activities for the entire county, it would only seem logical and equitable that the Town of Indian River Shores, receive from the county just compensation. j Additionally, there are areas under dual taxation where the Town does have some good arguments. Whereas, the Town contributed, in the form of taxes, towards the establishment of a fire department, the county contributed Revenue Sharing Funds. The other municipalities within the county did not contribute anything towards the fire department and yet we are responsible in case of an emergency to respond to these areas. Again, the City of Vero Beach is receiving approximately $290,000.00 for fire services (which includes the Indian River Shores tax dollars). This seems rather incongruous because the only fire of any consequence Indian River Shores fire department responded to was in Vero Beach. This administration has been left with an unconscionable agree- w went dated 5 November 1975•, made by the previous administration, wherein -the County will notify us at some future date, when they Will assume responsibility for the Fire Department. How can we ` plan a capital improvement program with an agreement of that l nature? How can the county logically expect us to support two pumpers , and a ladder truck logistically when the fire rate in Indian River Shores is practically non-existant? We haven't seen any reports from rating organizations or cost analysis studies made that support the agreements between the 'County and the past administration in the establishment of a fire ! department. In view of the foregoing we are proposing that the County adopt one of several options. a. assume responsibility for the Fire Department immediately; b. abrogate the agreement and let Indian River Shores operate the fire department with financial assistance from the county; C. close the fire station and give Vero Beach the responsibility for fire protection as was done in the past. Unless some viable solution is reached by the County, we have no alternative but to explore the legalities of an unconscionable agreement and the areas of dual taxation. • Very truly yours, Edward J.'Nola Mayor -• - -•-- - - - __ ..�._ ._..._.._ _.--,Town of Indian iver Shores MIA 30 P,,,F 442 A w - CHAIRMAN WODTKE ASKED ATTORNEY COLLINS WHETHER THE AGREEMENT WITH THE TOWN OF INDIAN RIVER SHORES DID NOT STATE THAT THE COUNTY WOULD FUND 60% OF THE LADDER TRUCK IN LIEU OF ALLOCATING ANY ADDITIONAL FUNDS TO THE TOWN FOR FIRE PROTECTION PURPOSES DURING THE FISCAL YEAR 1977-78. ATTORNEY COLLINS AGREED THAT WAS THE ACTION TAKEN BY THE TOWN. CHAIRMAN WODTKE ASKED COMMISSIONER SIEBERT, WHO CHAIRS THE FIRE COMMITTEE, TO COMMENT ON THE TOWN OF INDIAN RIVER SHORE S REQUEST FOR A DATE WHEN THE COUNTY WILL ASSUME RESPONSIBILITY FOR THE TOWNS FIRE DE- PARTMENT, COMMISSIONER SIEBERT STATED THAT HE WAS PARTY TO THE ORIGINAL AGREEMENT WITH THE TOWN, AND THERE WAS NEVER ANY INTENTION TO SET A DEFINITE DATE AND HE BELIEVED WE WOULD HAVE ALL KINDS OF PROBLEMS IF WE EVEN ATTEMPTED TO SET A SPECIFIC DATE. COMMISSIONER SIEBERT POINTED OUT THAT THE COUNTY DID NOT ASK FOR THIS AGREEMENT -AND THE FACT THAT THE TOWN OF INDIAN RIVER SHORES DOESN'T LIKE AN AGREEMENT A PREVIOUS TOWN COUNCIL ENTERED INTO, PUTS US IN A VERY AWKWARD POSITION. HE POINTED OUT THAT AT THE TIME THE AGREEMENT WAS WORKED OUT, WE WERE COOPERATING WITH THE TOWN IN WHAT THEY WANTED TO DO. CHAIRMAN WODTKE STATED THAT HE HAS TALKED WITH MAYOR NOLAN SINCE RECEIVING THIS LETTER, AND TOLD HIM THAT THE AREA OF DUAL TAXATION WAS ALTOGETHER A DIFFERENT MATTER FROM THE FIRE AGREEMENT AND SHOULD BE DISCUSSED AT ANOTHER TIME. CHAIRMAN WODTKE CONTINUED THAT HE WILL NOT AGREE TO HAVING THEM CLOSE THE FIRE'STATION, AND FURTHER STATED THAT HE IS NOT RECEPTIVE TO CHANGING THE AGREEMENT WE HAVE WITH INDIAN RIVER SHORES IN REGARD TO OPERATIONAL MONEY FOR THE COMING YEAR. HE POINTED OUT THAT THE FUNDING PROBLEM THE TOWN HAS THIS COMING YEAR IS SIMPLY BECAUSE THEY HAVE DECIDED TO FUND THE WATER LINE AND PAY FOR IT IN A ONE-YEAR SHOT. CHAIRMAN WODTKE STATED THAT HE INDICATED TO MAYOR NOLAN THAT WE WOULD BE GLAD TO DISCUSS OPERATING MONEY WITH THEM IN ANOTHER YEAR. ATTORNEY COLLINS NOTED THAT THE COUNTY HAS ACTUALLY ALLOCATED THEM $60,000 WHICH COULD HAVE BEEN USED FOR OPERATING FUNDS, BUT IN THE AGREEMENT THEY INDICATED THEY WISHED TO SPEND IT ON THE LADDER TRUCK. Rl� a�K 30 Pr, 443 c COMMISSIONER Loy STATED THAT SHE IS SURPRISED BY THE ATTITUDE DEMONSTRATED BY THE TOWN COUNCIL AT THIS TIME AND FEELS THEY ARE SAYING THEY DON'T REALLY NEED ANY FIRE PROTECTION AT ALL, WHICH IS DIAMETRICALLY OPPOSED TO THE PREVIOUS COUNCIL'S FEELINGS. ATTORNEY COLLINS ASKED IF THE BOARD WISHED TO COMMENT ON THE LEVEL OF STAFFING. COMMISSIONER SIEBERT NOTED THAT THIS MATTER WAS LEFT ENTIRELY TO THE TOWN IN THE AGREEMENT, AND HE FEELS IT SHOULD BE LEFT THAT WAY, CHAIRMAN WODTKE POINTED OUT THAT THE INDIAN RIVER SHORES HAD AN OPPORTUNITY TO PICK UP STAFFING IN THE CETA PROGRAM, AND WHILE THIS IS NOT ALWAYS SATISFACTORY, IT MIGHT HAVE OFFERED AT LEAST A TEMPORARY SOLUTION. CHAIRMAN WODTKE STATED THAT IF THE BOARD HAS NO OBJECTIONS, HE AND THE ATTORNEY WILL REPLY TO MAYOR NOLAN'S LETTER SETTING OUT THE GENERAL FEELING OF THE BOARD. THE BOARD HAD NO OBJECTIONS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR COUNTY PLANNER, VAL BRENNAN, TO ATTEND THE STATE MEETING ON COMPREHENSIVE PLAN ELEMENTS AT WINTER PARK SEPTEMBER 22 AND 23, 1977, AND FOR ATTORNEY COLLINS TO ATTEND THE STATE ASSOCIATION -OF COUNTY COMMISSIONERS MEETING HELD AT THE SAME TIME. COMMISSIONER SCHMUCKER INFORMED THE BOARD THAT A LETTER HAS BEEN RECEIVED FROM ODOM AVIATION, INC., REQUESTING A CERTIFICATE OF NEED FOR AIR AMBULANCE SERVICE. HE STATED THAT HE HAD RECOMMENDED TO THEM THAT THEY GET LETTERS FROM THE VOLUNTEER AMBULANCE SQUAD AND THE HOSPITAL AS TO THE NEED FOR THIS SERVICE. ATTORNEY COLLINS FELT THE COMMISSION MUST KEEP IN MIND THAT PIPER AIRCRAFT IS OFFERING THIS SERVICE FREE OF CHARGE AND IS DOING A FINE JOB FOR THE COMMUNITY. HE NOTED THAT ODOM AVIATION IS JUST TRYING TO EXPAND THEIR OPERATION, AND IT MAY JEOPARDIZE WHAT PIPER HAS BEEN DOING FOR THE COMMUNITY FOR A NUMBER OF YEARS, 0 1977 30 P,,,-444 M. COMMISSIONER LOY ASKED IF THE CERTIFICATE OF NEED INDICATES THAT ONLY THIS CARRIER WILL BE ABLE TO PROVIDE THIS SERVICE. ATTORNEY COLLINS SAID HE DID NOT FEEL THAT WILL BE THE CASE, BUT WITH THE CERTIFICATE OF NEED THERE MAY BE REQUIREMENTS AS TO THE EQUIPMENT THE CARRIER MUST USE, WHICH PIPER MAY NOT BE ABLE TO PROVIDE. IN FURTHER DISCUSSION, IT WAS AGREED TO HOLD THIS ITEM UNTIL FURTHER INFORMATION IS RECEIVED. COMMISSIONER SCHMUCKER REPORTED THAT HE HAS ATTENDED FURTHER MEETINGS WITH HOUSING URBAN DEVELOPMENT IN REGARD TO THE COMMUNITY BLOCK DEVELOPMENT REHABILITATION PROGRAM, AND SOME OF THE MONEY BUDGETED FOR REHABILITATION OF HOUSING MUST BE SPENT, COMMISSIONER SCHMUCKER CONTINUED THAT HE PREVIOUSLY DEVELOPED A REHABILITATIVE PLAN FOR ADDING ONTO THE HOUSES, BUT HAS NEVER BEEN ABLE TO WORK OUT A SATISFACTORY PROCEDURE AS FAR AS CONTRACTING FOR THIS WORK, HE STATED THAT HE WOULD LIKE TO GET A CONTRACTOR TO GIVE US A SPECIFIC PRICE FOR A SPECIFIC BUILDING. THE COUNTY WOULD THEN HAVE TO MAKE OUT A CHECK FOR THAT AMOUNT -TO THE PERSON OWNING THE BUILDING, AND THIS PERSON WOULD THEN HAVE TO COUNTERSIGN THE CHECK WHICH WOULD HAVE TO BE HELD UNTIL THE WORK IS COMPLETED, WHICH IS AN INVOLVED SITUATION. ATTORNEY COLLINS ASKED WHY THE COUNTY CAN'T BID THE WORK OUT AND PAY THE CONTRACTOR FOR THE WORK TO BE DONE. ADMINISTRATOR JENNINGS ANSWERED THAT THE COMMUNITY DEVELOPMENT BLOCK GRANT REQUIRES THAT THE FUNDS FOR THE REHABILITATION MUST BE PAID DIRECTLY TO THE OWNER OF THE BUILDING.. DISCUSSION FOLLOWED IN REGARD TO THE PROBLEM OF KEEPING A "LIVE" CHECK LYING AROUND FOR MONTHS AT A TIME. COMMISSIONER DEESON SUGGESTED THAT THE OWNER OF THE BUILDING • ENDORSE THE CHECK PAYABLE TO THE CONTRACTOR AND THE CHECK THEN BE HELD IN A SAFE. DEPOSIT BOX UNTIL THE WORK IS SATISFACTORILY COMPLETED, THE BOARD AND THE ATTORNEY AGREED ON THIS SOLUTION. COMMISSIONER SCHMUCKER STATED THAT HE WISHES TO PROCEED ON ONE BUILDING, AND IF HE CAN GET A CONTRACTOR TO BID AND GET A PRICE, THEN A BUILDING PERMIT CAN BE OBTAINED. 21 SEP 7 1977 � b 0 g 33 pmX- 44 A THE BOARD INDICATED THAT COMMISSIONER SCHMUCKER SHOULD PROCEED, COMMISSIONER SCHMUCKER REPORTED THAT THE STATE WANTS US TO TAKE THE LAW ENFORCEMENT ASSISTANCE ADMINISTRATION (LEAA) PROGRAM OUT OF EAST CENTRAL REGIONAL PLANNING COUNCIL AND PUT IT INTO TREASURE COAST REGIONAL PLANNING COUNCIL. HE NOTED THAT SHERIFF .JOYCE IS WILLING TO SHIFT BUT DOESN'T WANT TO LOSE ANY MONEY BY DOING S0, THE PROBLEM IS THAT WE ARE A LOW CRIME RATE COUNTY AND WOULD ONLY RECEIVE SECONDARY FUNDS IN THE TREASURE COAST REGIONAL PLANNING COUNCIL, BUT IN EAST CENTRAL REGIONAL PLANNING COUNCIL, THE COUNTIES HAVE JOINED TOGETHER AS A LOW CRIME RATE COUNTY GROUP AND WHATEVER THEY GET, THEY SPLIT THREE WAYS. COMMISSIONER SCHMUCKER FURTHER DISCUSSED THE PROBLEMS INVOLVED AND FELT WE POSSIBLY COULD CONTRACT WITH EAST CENTRAL REGIONAL PLANNING COUNCIL FOR ANOTHER YEAR. COMMISSIONER SIEBERT AGREED THAT WE OUGHT TO TRY TO CONTINUE WITH EAST CENTRAL UNTIL WE DETERMINE WHAT THE STATUS OF MARTIN AND ST. LUCIE COUNTIES IS GOING TO BE. HE NOTED THAT WE ARE PAYING THROUGH TREASURE COAST BUT GETTING NO FUNDS. THE BOARD AGREED THAT THE POSSIBILITY OF CONTRACTING WITH EAST CENTRAL REGIONAL PLANNING COUNCIL FOR ONE MORE YEAR SHOULD BE INVESTIGATED. COMMISSIONER SIEBERT BROUGHT UP THE FUNDS ALLOCATED TO RECREATION FROM THE COMMUNITY BLOCK DEVELOPMENT GRANT AND ASKED IF THERE WERE ENOUGH REMAINING TO PUT A PUMP IN THE GIFFORD PARK. ADMINISTRATOR JENNINGS NOTED THAT THERE HAD BEEN A MEETING OF THE CITIZENS ADVISORY COMMITTEE LAST NIGHT AND THIS MATTER HAD NOT EVEN BEEN BROUGHT UP. HE FELT, HOWEVER, THERE IS ENOUGH MONEY FOR THIS TO BE DONE, IN FURTHER DISCUSSION, IT WAS AGREED THERE IS A LACK OF COMMUNICA- TION, AND THE REQUEST SHOULD BE PRESENTED TO THE CITIZENS ADVISORY COMMITTEE, THE BOARD THEREUPON RECESSED AT 12:00 NOON FOR LUNCH AND RE- CONVENED AT 1:30 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. 22 } i f SEP 7 1977 RJOK 3� Fr, 446 CHAIRMAN WODTKE ONCE AGAIN DISCUSSED THE BUDGET AMENDMENT RE- QUESTED BY THE CIVIL DEFENSE DIRECTOR AND INFORMED THE BOARD THAT THE $350 FOR MISCELLANEOUS REPAIRS COVERED PAINT FOR THE TIDE GAUGE, A NEW ANTENNA CABLE, AND LABOR AND BUILDING SUPPLIES FOR SHUTTERS FOR THE CIVIL DEFENSE OFFICE. HE STATED THAT HE WILL DISCUSS WITH MR. NUZIE ORDERING ANY CAPITAL ITEMS NOT INCLUDED IN HIS BUDGET. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED BUDGET AMENDMENT REQUESTED BY THE CIVIL DEFENSE DIRECTOR AS FOLLOWS: _... ........... .... _ _ ACCOUNT TITLE ACCOUNT N0. INCREASE DECREASE CIVIL DE ENSE- MISC. tXPENSE 01-3991-204 $350 EQUIPMENT 01-3991-402 586 SALARIES & WAGES 01-3991-102 $936 ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE, COMMISSIONER Loy, AND INTERGOVERNMENTAL COORDINATOR THOMAS, WENT TO FORT LAUDERDALE AND REVIEWED THE COMPLETE COUNTY ROAD PROGRAM WITH THE DOT, HE NOTED THAT THIS IS LEADING UP TO THE COUNTY TAKING OVER THE SECONDARY ROAD SYSTEM, AND EXPLAINED THAT HE REQUESTED THE DOT TO DRAW UP A RESOLUTION SETTING OUT.THE VARIOUS PROJECTS AND THE STAGE TO WHICH THEY WILL BE CQMPLETED WHEN THE COUNTY TAKES THEM OVER. COMMISSIONER Loy EXPLAINED THAT THEY DID NOT HAVE THE OPPORTU- NITY TO GO INTO ALL THE RAMIFICATIONS OF CHANGING OVER, BUT THIS IS SUPPOSED TO BE THE EASY WAY TO CONTINUE THE TOP PRIORITY PROJECTS THAT WE HAVE "IN-HOUSE:" WE ARE IN A SENSE CONTRACTING WITH THE DOT TO CONTINUE DOING THE WORK THEY HAVE ALREADY STARTED. COMMISSIONER SCHMUCKER EXPRESSED CONCERN ABOUT POSSIBLE RESTRICTIONS IN REGARD TO THE CANAL ON INDIAN RIVER BOULEVARD, AND SUGGESTED THAT WE LET THE DOT CONTRACT THIS. THE ADMINISTRATOR FELT THEY MIGHT NOT BE ABLE TO OBTAIN ALL RIGHTS-OF-WAY TO COMPLETE THIS BY THE DEADLINE, AND COMMISSIONER LOY NOTED THAT THE DOT WILL ATTEND TO THE PERMITTING, ETC., AND WE HAVE LEFT IT TO THEM AS MUCH AS POSSIBLE. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0, 77-91. 23. SEP 7 1977 Foa 3j (r'ill - 4-47 RESOLUTION NO. 77-91 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING RESPONSIBILITY FOR THE WORK TO COMPLETE PROJECT FUNDED BY THE 80% SECOND GAS TAX SURPLUS (5TH AND 6TH CENT). WHEREAS, Indian River County, hereinafter called the County, has heretofore adopted a number of Resolutions requesting the Florida Department of Transportation, hereinafter called the Department, to use the 80% of the second gas tax surplus, remitted to the Department for use in the County, for the purpose of paying the costs of certain projects as described in the respective Resolutions; and WHEREAS, recent legislation makes it necessary, in order for the Department to undertake or complete certain projects, that the County renew the request previously made. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The County requests the Department to complete work on those project stages presently under way which were included in previous resolutions listed below and to pay the cost thereof from the proceeds of the second gas tax remitted to the Depar':- ment for use in the County. A. 425363 -8851 -1601 -Barber Avenue -from US l to Indian River (2601) (3601) SEP" 7 197 (all phases - PE, R/W, CONST., UTIL.) B. 425335 -88601 -1605 -Oslo Road -from approx. 2.0 miles West of Ranch Road (609) to West of I-95 (complete PE & R/W and is hereby requested to persue construction with Federal Aid Funds) C. 425352 -88508 -1601 -Storm Grove Road -from Lateral "A" to US 1 (2601 ( 3601 (complete PE & R/W and is hereby requested to persue construction with Federal Aid Funds) r_ D. 425365 -88501 -1601 -Indian River Boulevard -from SR 60 to Barber Avenue (complete PE, and is hereby requested to persue R/W-manpower permitting -then to be returned to the County for completing remaining phases.) E. 425350 -88503 -1602 -Ranch Road -from Barber Avenue to North Winter Beach Road AND 425349 -88503 -1604 -Ranch Road -from North Winter Beach Road to Wabasso Road(SR 510) (complete PE, now underway by Consultant, and return to the County for completfng remaining phases. • ROOK 30 PA,, 448 F. 425360 -88501 -3601 -Indian River Boulevard -from 17th Street to SR 60 (to complete construction now underway) All other projects listed on previous resolutions are to be returned to the Count in whatever stage of completion, for administration by the County, along with pertinent survey information, aerial photography, design drawings and other data as deemed appropriate. 2. Further, the County requests the Department to undertake the projects identified in previous resolutions listed below and to pay the cost thereof from the proceeds of the second gas tax remitted to the Department for use in the County. NONE 3. The County ratifies those agreements previously entered into between the County and the Department in connection with the above described projects and pro- ject stages. Adopted this 7th day of September 1977. BOARD OF COUNTY COMMISSIONERS OF Indian River COUNTY, FLORIDA UH -AIRMAN ATTEST:4 (SEL) CL E. t SSP 7 1977 L "Dox 30 FAsr 449 J ADMINISTRATOR JENNINGS REQUESTED THAT TWO EMERGENCY ITEMS BE PLACED ON THE AGENDA. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO PLACE ON TODAY'S AGENDA THE EMERGENCY ITEMS REQUESTED BY THE ADMINISTRATOR. ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT HE HAS RECEIVED A REQUEST FROM CAPTAIN JOHNS OF THE SEBASTIAN INLET STATE RECREATION AREA TO GRADE THE ROAD AT THE INLET PARK. THE ADMINISTRATOR NOTED THAT WE JUST RECENTLY SENT A GRADER UP THERE AND SPREAD MARL FOR THEM, AND NOW THEY WANT US TO MAINTAIN IT. THE BOARD DID NOT FEEL THAT THIS COULD BE DONE AND FELT THEY SHOULD CONTRACT FOR THEIR OWN MAINTENANCE. THE ADMINISTRATOR NEXT PRESENTED TO THE BOARD DRAWINGS SHOWING THREE LOTS WHICH THE SHERIFF'S DEPARTMENT WISHES TO HAVE PAVED AT THE COUNTY .JAIL. HE ESTIMATED IT WOULD COST $1,243 TO PAVE LOT #1; $1,236 TO PAVE LOT 2 AND $12,504 TO PAVE LOT #3. THE ADMINISTRATOR NOTED THAT THIS IS FOR PARKING ONLY AND POSSIBLY JUST 1" OF ASPHALT ON A MARL BASE WOULD BE SUFFICIENT, WHICH WOULD CUT THE COSTS ABOUT IN HALF. DISCUSSION CONTINUED ON WHETHER IT WAS- NECESSARY FOR SO MUCH AREA TO BE PAVED. COMMISSIONER SCHMUCKER SUGGESTED THAT WE JUST PAVE A CERTAIN AMOUNT OF SQUARE FEET AND LET THE SHERIFF'S DEPARTMENT FIGURE OUT WHICH AREAS THEY WANT PAVED THE MOST. CHAIRMAN WODTKE INSTRUCTED THE ADMINISTRATOR TO REFER THIS MATTER BACK TO THE SHERIFF'S DEPARTMENT AND PRESENT THE REQUEST AT A LATER DATE WITH THEIR RECOMMENDATIONS. CHAIRMAN WODTKE INFORMED THE BOARD THAT HE HAD ASKED THE STATE ATTORNEY'S OFFICE TO GIVE US A REPORT ON THE STATUS OF A CLAIM AGAINST • .JIM RAYNOR. ASSISTANT STATE'S ATTORNEY, BURNEY CARTER, APPEARED AND STATED THAT A CHARGE WAS FILED AGAINST MR. RAYNOR IN MARCH, BUT HE HAS NOT APPEARED IN COURT AND THEY DO NOT KNOW WHETHER HE WAS SERVED AND DID NOT APPEAR AND WHETHER HE WAS EVER SERVED. 26 I. SEP 7 1977 a,,r,K 30 F,,n �� I CHAIRMAN WODTKE NOTED THAT THERE WAS A PROBLEM WITH THIS SAME PERSON WHEN HE LIVED IN THE SEBASTIAN AREA. HE HAS NOW MOVED TO ROCKRIDGE AND IS CREATING THE SAME PROBLEM THERE. THE CHAIRMAN STATED THAT THE BOARD WOULD -LIKE -TO HAVE SOMETHING DONE ABOUT THIS DEPLORABLE SITUATION. ATTORNEY COLLINS INFORMED THE BOARD THAT A CIVIL SUIT COULD BE FILED. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY COLLINS TO FILE A CIVIL SUIT AGAINST JIM RAYNOR IF SUCH ACTION IS NECESSARY. ATTORNEY COLLINS STATED THAT THE BOARD MAY NOW RENDER A DECISION ON THE REZONING REQUEST OF W. E. "BUD" JENKINS MADE AT A PUBLIC HEARING ON .JULY 20, 1977, AS THE TIME PERIOD REQUIRED BY FLORIDA STATUTE 125.66 HAS ELAPSED, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 77-20 APPROVING THE RE- ZONING CHANGE REQUESTED BY W. E. "BUD" .JENKINS, ph . SEP 7 1977 ROOK 30 PAGr 451 ORDINANCE NO.' ']]-20 ' WHEREAS, the Board of County Commissioners of Indian River County, Florida did publish and send its notice of intent to rezone -the hereinafter described property and pursuant thereto, held a public hearing in relation thereto at which parties in interest and citizens were heard: Now, therefore, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the follow- ing property owned by W. E. Jenkins, situated -in Indian River County, Florida, to -wit: Those parts of Section 15 and Section 22, Township 32 South, Range 39 East, Indian River County, Florida, described as follows: Parcel No. 1. That part of the East half of the South- west Quarter of Southeast Quarter of said Section 15 lying South of the North Relief Canal. Parcel No. 2. Beginning at the Southwest corner of the Southeast Quarter of Southeast Quarter of said Section 15 run East along the South line thereof 718.48 feet; Thence run North 626.1 feet, more or less, to the South line of property owned by Bessie M. Taylor, as describ- ed and recorded in Deed Book 51, page 373, public records of Indian River County, Florida; Thence run West 216.4 feet, more or less, to the Southwest corner of said Taylor property; Thence run North along the West line of said Taylor property a distance of 292 feet to the South right- of-way of the North Relief Canal;.Thence run Northwesterly along said South right-of-way to the West line of said Southeast Quarter of Southeast Quarter; Thence run South along said West line to the point of beginning. Parcel No. 3. All that part of the Northwest Quarter of Northeast Quarter of said Section 22 lying East of Lateral "H" Canal less and excepting the South 294.3 feet thereof. Parcel No. 4. Beginning at the Northwest corner of North- east Quarter of Northeast Quarter of said Section 22, run East along the North line thereof a distance of 404.07 feet; Thence with an interior angle of 105 degrees 29' 30" run Southeasterly along the West line of Trodglen Property a distance of 1197.98 feet to the North line of the South 5 acres of said Northeast Quarter of Northeast.Quarter; Thence run West along said North line of South 5 acres a distance of 377.66 feet; Thence run Northwesterly along the West line of property formerly deeded to Jenkins as recorded in O.R. Book 243, page 286, public records of'Indian River County, v l T? N 0K OU Pa,c 452 Florida, a distance of 134.83 feet; Thence run West on a line 294.3 .feet North of and parallel to the South line of said Northeast Quarter of Northeast Quarter to the West line thereof; Thence run North to the point of beginning. Be changed from M-1 Restricted Industrial District, to A -Agricultural District. All within the meaning and intent and as set forth and described in said Zoning Regulation. This Ordinance shall take effect SEPTEMBER 12, 1977. 8 1977 ATTORNEY COLLINS STATED THAT THE BOARD MAY NOW RENDER A DECISION ON THE REZONING REQUEST OF BETTY SUE KNIGHT COBB MADE AT A PUBLIC HEARING ON JULY 20, 1977, AS THE TIME PERIOD REQUIRED BY FLORIDA STATUTE 125.66 HAS ELAPSED, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE N0. 77-21 APPROVING THE REZONING CHANGE REQUESTED BY BETTY SUE KNIGHT COBB. ro SEP 7 1977 pox 30 PA`F454 ORDINANCE NO. 77-21 WHEREAS, the Board of County Commissioners of Indian River County, Florida did publish and send its notice of intent to rezone the hereinafter described property and pursuant there- to, held a public hearing in relation thereto at which parties in interest and citizens were heard: Now, therefore, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the follow- 1_ing property owned by Betty Sue Knight Cobb, situated in Indian River County, Florida, to -wit: The South half of Tract 11 and all of Tract 14 of Sec- tion 3, Township 33 South, Range 38 East, according to the last general plat of lands of Indian River Farms Company recorded in Plat Book 2, page 25, Public Records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida. Be changed from A -Agricultural District, to 1.24-1 Light Manufacturing District. All within the meaning and intent and as set forth and described in said Zoning Regulation. This Ordinance shall take effect SEPTEMBER 12, 1977. 0 1# 800K 30 455 ATTORNEY COLLINS STATED THAT THE BOARD MAY NOW RENDER A DECISION ON THE REZONING REQUEST MADE BY JOSEPH AND CATHERINE RAYMOND AT A PUBLIC HEARING ON .JULY 20, 1977, AS THE TIME PERIOD REQUIRED BY FLORIDA STATUTE 125.66 HAS ELAPSED. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE "J0. 77-22 APPROVING THE REZONING REQUESTED BY .JOSEPH AND CATHERINE RAYMOND. 32 Q77 tEp 7 1977 a0OK 30 P,Z,456 ORDINANCE NO. 77-22 WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA did publish and send its notice of intent to rezone the hereinafter described property and pursuant there- to, held a public hearing in relation thereto at which parties in interest and citizens were heard: NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the follow- ing property owned by Joseph and Catherine Raymond, and other lots in Block 2 of Wabasso Manor, situated in Indian 'River County, Florida, to -wit: Lots 5, 6, 7, 8 & 9, Block 2,'Wabasso Manor Addition, Unit No. 1, as in Platbook 4, page 68, Indian River County Records, AND Lots 1 & 2, Block 2, Wabasso Manor Addition, Unit No. 1, (Replat), as -in Platbook 6, page 15, Indian River County Records. Be changed from C-lA Restricted Commercial District, to R-1 Single Family District. All within the meaning and intent and as set forth and de- scribed in said Zoning Regulation. This Ordinance shall take effect SEPTEMBER 12, 1977, 1 7 1977 4 Rucr 30 pry sr 45 7 THE HOUR OF 2:00 O'CLOCK P. M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, FloridaNOTICE IS HEREBY GIVEN that the Zoning Commission of Indian COUNTY OF INDIAN RIVER: River County, Florida, has tentatively approved the following changes and additions STATE OF FLORIDA to the Zoning Ordinance of Indian River County, Florida, changes and additions whicas 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 folows are substantially 1. That the Zoning Map be changed in newspaper published at Vero Beach in Indian River County, Florida; that the attached c copy of advertisement, being order that the River described property situated In Indian Rr County, Florida, to -wit: a � ► C v The West 1/2 of the NE ',a of the NE k4 of Section 36, Township 31 -South, Range 38 -East, Indian River County, Florida; less and ex - cepting therefrom the South Il in the matter of _ I.A) o.o l� �� 378 feet, and also, less and excepting the North 660 feet. Con. faining 3.86 acres more or less. ' Be changed from A -Agricultural District, to R-lE Country Estate District. In the The North 6 feet of Of the NE 1a ofOSectionthe Township36, w nship 31.South Court was pub- Range 38 -East, Indian River County, Florida-' less the North 40 feet for Rshed in said newspaper In the issues of 0 �.;,-. 0 19 Ill r)'i road purposes. Containing 9.46 acres more or less. Be changed from C-1 Commercial District, to R -IE Country Estate District. Affiant further says that the said Vero Beach Press -Journal is A Public hearing in Parties in interestand citizens shaltion l which at have an Opportunity to be heard, will be a news Vero Beach, in said Indian River County, and that the said newspaper �hasuher heretofore been continuously published in said Indian River held by said RoomZonin, ndianeRiver�County oCourthouse,Vero 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 next Beach, Florida, Thursday, July 21, 1977, at 7:30 O'clock P.M., after year preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any corporation firm which a Public hearing relation thereto at which parties in interest and citizens shalt person, or any discount, rebate, commission or refund for the g tisement for publication in the said newspaper. purpose of securing this adver- P have an opportunity to be heard will be held by the Board of County Commissioners Per. of Indian River County, lIndianai County Commission Sworn to and subscribed before me this da f A.p RiverCou County Courthouse, Vero Beache h, Florida, on Wednesday, September 7, 1977, at 2: 00 O'clock P.M. i • Board of County Commissioners Indian River County ` (Busine Manager) Chairman Indian Riveilliam County Zoning Commission By: Ralph Sexton, Chairman June 19, 1977. (SEAL) (Clerk of the Circuit Court, Indian Rivii uny, Florida) ATTORNEY COLLINS STATED THAT KEITH AND RALLY MARTIN HAVE BEEN SENT THE FOLLOWING NOTICE OF THE PUBLIC HEARING BY THE CLERK OF CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125,66, 34 R�lr,� 30 f -A 458 R - BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE. JR.. Chairman ALMA LEE LOY. Vice Chairman r:r •• ?.tet WILLARD W. SIEBERT. JR. ••--" J + EDWIN S. SCHMUCKER R. DON DEESON JACK G. JENNINGS. Administrator 2145 141h Avenue Vero Beach, Florida 32960 June '24+ 1977 Mr. Michael O'Haire, Esq. 3103 Cardinal Drive Vero Beach, Florida 32960 ' Re;*.- Rezoning application for'Keith.and Hally Martin Dear Mir. 0 `Haire ; In compliance with Florida Statute 125;66, the following is a Notice of Public Hearing for rezoning as requested by you; 'NOTICE S^ 'The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida, to - wit: -The West 1/2 of the NE 1/4 of the'NE 1./4 of Section 36 Township 31 -South, Range 38 -East, Indian River County, Florida; less and excepting therefrom the South 378 feet, and also, less and excepting the North 660 feet. Containing 3.86 acres more or less. Be changed from A -Agricultural District, to R-lE Country Estate District. •The North 660 feet of the West 1/2 of the NE 1/4 of the NE 1/4 of Section 36, Township 31 -South, Range 38 -East, Indian River County, Florida; less the North 40 feet for road .purposes. Containing 9.46 acres more or less. Be changed from C-l.Commercial District, to R-lE Country Estate District. A public hearing in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida in the County Commission Room, Indian River County Courthouse, • Vero Beach, Florida on Wednesday, September 7, 1977 at 2;00 o'clock P.M, of Sincerely yours, Freda Wright Clerk to the Board of County Commissioners of Indian River County, Florida ATTORNEY COLLINS ASKED ATTORNEY MICHAEL O'HAIRE IF HE IS ACTING FOR THE MARTINS AND WILL ACCEPT NOTICE FOR THEM, ATTORNEY W HAIRE STATED THAT HE IS REPRESENTING MR. AND MRS. MARTIN AND WILL ACCEPT NOTICE. ASSISTANT'COUNTY PLANNER, BOB BERG,INFORMED THE BOARD THAT THIS PROPERTY IS LOCATED OFF OF WABASSO ROAD AND IS INDICATED IN THE MASTER PLAN AS "PRIMARY CITRUS". HE NOTED THAT ON THE OTHER SIDE OF WABASSO ROAD THERE IS CITRUS GROWING, BUT THAT IS AN AREA THAT WAS DETERMINED TO BE "EITHER/OR" CITRUS. THIS PIECE OF LAND IS ONE OF THE FEW IN THIS AREA THAT IS NOT DEVELOPED IN CITRUS. THERE ARE TWO HOUSES ON THE ENTIRE PIECE OF PROPERTY. MR. BERG INFORMED THE BOARD THAT THIS REZONING REQUEST HAS ALREADY BEEN APPROVED AND RECOMMENDED BY THE ZONING BOARD. MR, BERG CONTINUED THAT A PREVIOUS REQUEST MADE BY MR. MARTIN FOR THIS REZONING WAS TURNED DOWN DUE TO OBJECTIONS FROM THE CITRUS PEOPLE. HE NOTED THAT THE PLANNING STAFF NOW RECOMMENDS APPROVAL. THE PLAN PRESENTED CALLS FOR LOW DENSITY, AND THEY DO NOT FEEL IT IS CONTRARY TO THE INTENT OF THE CITRUS AREA. MR, BERG ALSO POINTED OUT THAT THIS IS ONLY 16 ACRES AND CANNOT BE FARMED ECONOMICALLY. COMMISSIONER SIEBERT STATED THAT SOME OF THE REASONS THIS REQUEST WAS DENIED PREVIOUSLY WERE BECAUSE OF SPRAY EQUIPMENT, PICKERS, GROVE WORKERS, ETC., BEING IN CLOSE PROXIMITY TO HOMES. ATTORNEY MICHAEL O'HAIRE INFORMED THE BOARD THAT THERE IS A DIFFERENCE BETWEEN THIS APPLICATION AND THE PREVIOUS APPLICATION MADE BY THE MARTINS. HE STATED THAT THEY NOW HAVE MET WITH THE CITRUS PEOPLE AND HAVE AGREED TO A DEED RESTRICTION WHICH WILL ALLOW THE OWNERS OF ABUTTING LANDS, WHO MAY BE ENGAGED IN THE GROWING OF CITRUS, TO SPRAY AND FERTILIZE, ETC., AND PURSUE THEIR BUSINESS WITHOUT HINDRANCE OR COMPLAINT. MR, O'HAIRE DID NOT FEEL THERE IS ANY DOUBT THAT RESIDENTIAL AND CITRUS CAN BE COMPATIBLE IF EACH KNOWS WHAT THE OTHER IS DOING. HE POINTED OUT THAT THERE ARE ALREADY SOME VERY LARGE HOMES IN THIS AREA. ALSO, THE COLORED SECTION IS ENTIRELY SURROUNDED BY CITRUS, INCLUDING THE•SCHOOL, AND THERE IS NO 36 SEP 7 1977 ��e� 30 PAcF460 OBJECTION FROM ANY OF THE CITRUS PEOPLE. CHAIRMAN WODTKE ASKED IF THER ARE CERTAIN CHEMICAL SPRAYS, ETC., THAT NEED TO BE USED IN CITRUS THAT A HOUSING DEVELOPMENT WOULD RESTRICT THEM FROM USING. ATTORNEY O'HAIRE SAID HE HAD DISCUSSED THIS WITH THE CITRUS PEOPLE, AND THEY INFORMED HIM THAT THE EPA RESTRICTIONS IN THIS REGARD WERE SO STRICT IN ANY EVENT THAT THERE WOULD BE NO PROBLEM. ASSISTANT COUNTY PLANNER BERG STATED HE WOULD LIKE TO GO ON RECORD ON BEHALF OF THE COUNTY THROUGH THE PLANNING DEPARTMENT THAT WE WOULDN'T BE HELD RESPONSIBLE FOR ENFORCING ANY OF THE DEED RESTRICTIONS. THIS WOULD HAVE TO BE DONE BY THE OWNER. CHAIRMAN WODTKE ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE, CHAIRMAN WODTKE INFORMED THOSE PRESENT THAT THERE HAS BEEN A RECENT CHANGE IN LEGISLATION, AND THE BOARD WILL BE ABLE TO RENDER A DECISION ON THIS REZONING REQUEST TODAY. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER $CHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE NO. 77-23 GRANTING THE REZONING REQUEST OF KEITH AND RALLY MARTIN. PYA SEP 7 1977 r AGGK 30 PAGE 461 ORDINANCE NO. 77-23 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto, held a public hearing in relation thereto, at which parties in interest and citizens were heard: NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the follow- ing property owned by Keith L. Martin and Hally Martin, his wife, represented by Michael O'Haire, Attorney and Counsellor at Law, situated in Indian River County, Florida, to -wit: The West 1/2 of the NE 1/4 of the NE 1/4 of Section 36, Township 31 -South, Range 38 -East, Indian River County, Florida; less and excepting therefrom the South 378 feet, and also, less and excepting the North 660 feet. Containing 3.86 acres more or less. Be changed from A -Agricultural District, to R-lE Country Estate District. The North 660 feet of the West 1/2 of the NE 1/4 of the NE 1/4 of Section 36, Township 31 -South, Range 38 - East, Indian River County, Florida; less the North 40 feet for road purposes. Containing 9.46 acres more or less. Be changed from C-1 Commercial District, to R-lE Country Estate District. All within the meaning and intent and as set forth and described in said Zoning REgulation. This Ordinance shall take effect SEPTEMBEP I2, 1977, 33 PAG- 462 �PP-7 1977 THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of L0_Q_z5,r in the Court, was pub - fished in said newspaper in the issues of 06 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tiserr.ent; 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 ;.t 7of A.D. ` 'IQ CLS& Z J�, - I (Bus'ne Manager) (sf:Au (Clerk of the Circuit Court, Indian Rived ounty, Florida) NOTICE NOTICE IS HEREBY GIVEN that �K./ Zoning Commission of Indian River County, Florida, has tentatively approved the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: • ^ . The West r/a of Tract I1, Section 9, Township 23 -South, Range 39 -East, Indian River County, Florida. Be changed from A -Agricultural District, to R -IA Single Family District. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Zoning Commission in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, July 21, 1977, at 7:30 o'clock P.M., after which a public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard will be held by the Board of County Commissioners of Indian River County, Florida, in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Wednesday, September 7, 1977, at 2:00 O'clock P.M. Board of County Commissioners Indian River County By: William C. Wodlke Jr., Chairman Indian River County Zoning Commission By: Ralph Sexton, Chairman May 22,1977. ATTORNEY COLLINS STATED THAT MR. AND MRS. CHARLES R. SEXTON HAD BEEN SENT THE FOLLOWING NOTICE OF THE PUBLIC HEARING BY THE CLERK OF CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.66. 39 �ilt� 30 PAGF 463 s f G. JENNINGS. Administrator BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY• Vice Chairman WILLARD W. SIEBERT. JR. EDWIN s. SCHMUCKER R. DON DEESON 2145 14th Avenue May 24, 1977 Mr. and Mrs.' Charles R. Sexton P.O, Box 1208 Vero Beach, Florida 32960 Dear Mr. and Mrs. Sexton: In compliance with Florida Statute 125.66, the following is a Notice of Public Hearing for rezoning as requested by YOUR NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River Countyr Florida, to - wit: The West 1/2 of Tract 11, Section 9, Township 33 South, Range 39 East, Indian River County, Florida Be changed from A -Agricultural Districts to R-lA Single Family District. A public hearing in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida on Wednesday, September 7, 1977 at 2:00 O'clock P.M. • Sincerely yours, Freda Wright, Clerk to the Board of County Commissioners of r17D IQ7 R�r}:. 30 PAoF 464 f G. JENNINGS. Administrator BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY• Vice Chairman WILLARD W. SIEBERT. JR. EDWIN s. SCHMUCKER R. DON DEESON 2145 14th Avenue May 24, 1977 Mr. and Mrs.' Charles R. Sexton P.O, Box 1208 Vero Beach, Florida 32960 Dear Mr. and Mrs. Sexton: In compliance with Florida Statute 125.66, the following is a Notice of Public Hearing for rezoning as requested by YOUR NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River Countyr Florida, to - wit: The West 1/2 of Tract 11, Section 9, Township 33 South, Range 39 East, Indian River County, Florida Be changed from A -Agricultural Districts to R-lA Single Family District. A public hearing in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida on Wednesday, September 7, 1977 at 2:00 O'clock P.M. • Sincerely yours, Freda Wright, Clerk to the Board of County Commissioners of r17D IQ7 R�r}:. 30 PAoF 464 ASSISTANT PLANNER BERG INFORMED THE BOARD THAT THIS PROPERTY IS ON ROSEDALE ROAD SOUTH OF 50TH AVENUE, AND THERE IS GROVE IN THIS AREA BUT NOT NECESSARILY IN"OPERATION. HE CONTINUED THAT THIS IS IN THE AREA PUT ASIDE FOR -GROVES, BUT NOTED THAT THE TOTAL DENSITY WHICH WOULD BE ALLOWED BY'THE COMPREHENSIVE PLAN WOULD BE SO SINGLE FAMILY DWELLINGS FOR 20 ACRES OF LAND WHILE THE PROPOSED SUBDIVISION WOULD HAVE ONLY 32 LOTS. MR. BERG NOTED THAT THERE ARE OTHER NICE SUBDIVISIONS IN THIS AREA AND A LOT OF RESIDENTIAL ACTIVITY. HE POINTED OUT THAT THIS WHOLE AREA IS RAPIDLY BECOMING URBANIZED AND HE DOES NOT FEEL THIS IS A HOP -SCOTCH It DEVELOPMENT. MR. BERG STATED THAT THE ZONING BOARD APPROVES THE REQUESTED REZONING AS DOES THE PLANNING DEPARTMENT. .JAMES BEINDORF APPEARED REPRESENTING MR. AND MRS. SEXTON AND STATED THAT THEY PRESENTED THE LOT LAY -OUT AT THIS TIME TO INDICATE THAT THE SUBDIVISION WILL CONSIST OF HALF -ACRE LOTS. HE NOTED THAT THEY HAVE TO STAY WITH HALF -ACRE TRACTS BECAUSE THEY ARE NOT ON A WATER AND SEWAGE SYSTEM. MR BEINDORF INFORMED THE BOARD THAT THE SEXTON FAMILY DOES OWN ALL THE PROPERTY IN THIS AREA WITH THE EXCEPTION OF THE 40 ACRES TO THE WEST AND SOUTH AND THAT IT IS THEIR INTENT TO CARRY THROUGH WITH THE SUB- DIVISION LAY -OUT AS PRESENTED. THE CHAIRMAN ASKED IF ANYONE WISHED TO BE HEARD. THERE WERE NONE, ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE N0. 77-24 GRANTING THE REZONING REQUESTED BY MR. AND MRS. CHARLES R. SEXTON. '41 AFP 1977 Ruox 30. PAGE 465 SEP 7 1977 ORDINANCE NO. 77-24 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto, held a public hearing in relation thereto, at which parties in interest and citizens were heard: NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the follow- ing property owned by Charles R. and Eleanor G. Sexton, situated in Indian River County, Florida, to -wit: The West 1/2 of Tract ll, Section 9, Township 33 -South, Range 39 -East, Indian River County, Florida. Be changed from A -Agricultural District to R-lA Single Family District. All within the meaning and intent and as set forth and described in said Zoning Regulation. This Ordinance shall take effect SEPTEMBER 12, 1977. RJJK 30 Pur 466 COMMISSIONER DEESON REPORTED TO THE BOARD THAT HE HAD RECEIVED A CALL ABOUT THE DRAINAGE PROBLEM IN ROSELAND; THAT HE HAD DISCUSSED THIS PROBLEM WITH ADMINISTRATOR .JENNINGS; AND THAT HE HAD A TWO-HOUR MEETING WITH MR. KIRRIE WHO OWNS THE PROPERTY BORDERING THE DITCH CAUSING THE PROBLEM. THE EXISTING DITCH IS ON THE KIRRIE PROPERTY AND HAS BEEN FOR A NUMBER OF YEARS, WE DO NOT HAVE AN EASEMENT ACROSS THE NORTHWEST CORNER OF MR. KIRRIE'S PROPERTY TO CLEAN THAT DITCH SO THE WATER CAN DRAIN AND IT BACKS UP ON THE PEOPLE AT THE EAST END. COMMISSIONER DEESON STATED THAT MR. KIRRIE WILL NOT GRANT THE COUNTY AN EASEMENT TO CLEAN -THE DITCH UNLESS THE PROPERTY IS CONDEMNED AND AN AMOUNT OF MONEY AGREED UPON FOR THE EASEMENT. COMMISSIONER DEESON NOTED THAT MR. KIRRIE IS ALSO CONCERNED ABOUT WHETHER HE WOULD HAVE ENOUGH PROPERTY LEFT, AFTER THE TAKING OF THE EASEMENT, IN ORDER TO OBTAIN A SEPTIC TANK PERMIT FOR A MOBILE HOME SITE. ZONING DIRECTOR WALKER STATED THAT THERE WOULD BE ENOUGH PROPERTY LEFT FOR THIS PURPOSE. COMMISSIONER DEESON FELT THE BOARD SHOULD GIVE THE ADMINISTRATOR DIRECTION AS TO WHAT WE NEED TO DO TO SOLVE THIS PROBLEM, ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THIS AREA HAS BEEN CONTINGENT ON THAT DITCH FOR DRAINAGE FOR MANY YEARS. HE NOTED THAT OVER THE YEARS WE HAVE HAD PERMISSION TO GO IN TWICE TO CLEAN THE DITCH, BUT RAN INTO OBJECTIONS LAST TIME. ADMINISTRATOR JENNINGS STATED THAT MR. KIRRIE BOUGHT THE LAND WITH THE DRAINAGE DITCH IN THERE, BUT WITH THE ASSUMPTION THAT THE COURT SUIT HAD STRAIGHTENED THE MATTER UP AND THE DITCH WOULD BE MOVED. HE NOTED THAT PREVIOUS BOARDS AGREED TO MOVE THE DITCH, BUT THE BOUNDARY DISPUTE, CAUSED BY AN OVERLAPPING OF SUBDIVISIONS IN THIS AREA, PREVENTED THIS. THE ADMINISTRATOR REPORTED THAT MR. KIRRIE SAID HE WOULD BE WILLING TO TALK TO THE BOARD ABOUT GRANTING AN EASEMENT PROVIDED THE COUNTY BROUGHT THE REMAINING LAND TO AN ELEVATION WHICH WOULD BE ACCEPTABLE TO BUILD ON, THE ADMINISTRATOR STATED THAT THIS WOULD TAKE OVER 6,000 YARDS OF M°TCDT°' AND WOULD BE A VERY EXPENSIVE PROPOSITION. HE SUGGESTED POSSIBLY fi 43 SEP 7 1977 P1GR 30 MAINTENANCE MAP COULD BE FILED ON THE DITCH, BUT ATTORNEY COLLINS DID NOT BELIEVE THIS COULD BE DONE OTHER THAN ON ROADS, THE ADMINISTRATOR FELT IF WE CAN T FILE A MAINTENANCE MAP, THEN WE SHOULD FILE AN ALIGNMENT ON THE EXISTING DITCH AND GO TO CONDEMNATION, ON MOTION BY COMMISSIONER SCHMUCKER♦ SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR TO PROCEED WITH WHATEVER IT TAKES TO SOLVE THE PROBLEM, SUCH AS CONDEMNATION OF EASEMENTS ALONG THE ALIGNMENT OF THE PRESENT DITCH FROM THE NORTHEAST CORNER OF KIRRIE'S PROPERTY ON THROUGH TO COLLIERS CREEK, IF NECESSARY, COMMISSIONER DEESON STATED THAT ON AUGUST IO, 1977 MEMBERS OF THE NORTH COUNTY IMPROVEMENT ASSOCIATION APPEARED BEFORE THE BOARD AND DISCUSSED VARIOUS PROBLEMS, AT THAT TIME, THE BOARD DECIDED THAT THEY WOULD MEET WITH THIS ASSOCIATION AT A SPECIAL MEETING OR WORKSHOP IN ORDER TO FULLY DISCUSS THEIR PROBLEMS,AND COMMISSIONER DEESON IS NOW REQUESTING THE BOARD TO SCHEDULE A MEETING OR WORKSHOP, CHAIRMAN WODTKE QUESTIONED IF THE NORTH COUNTY IMPROVEMENT ASSOCIATION HAD PROVIDED COMMISSIONER DEESON WITH A LIST OF ADDITIONAL ROADS THEY WISH THE COUNTY TO MAINTAIN, COMMISSIONER DEESON ANSWERED THAT HE HAD NOT RECEIVED THIS INFORMATION, CHAIRMAN WODTKE STATED THAT IF THEY ARE TALKING ABOUT ADDING ADDITIONAL ROADS TO THE AGREEMENT BETWEEN THE COUNTY AND THE DRAINAGE DISTRICT, WE NEED TO KNOW WHAT ROADS THEY ARE TALKING ABOUT IN ORDER FOR THE COUNTY TO PREPARE A SURVEY. IT IS HIS FEELING THAT THIS SHOULD BE DONE BEFORE A MEETING IS SCHEDULED. j ATTORNEY COLLINS STATED THAT HE WOULD MEET WITH COMMISSIONER DEESON AND REPRESENTATIVES OF THE NORTH COUNTY IMPROVEMENT ASSOCIATION TO DISCUSS AND POSSIBLY RESOLVE SOME OF THEIR PROBLEMS AND REPORT TO THE BOARD AT THE NEXT MEETING. RESOLUTION No, 77-88 IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF AUGUST 24, 1977. 44 M�� ds.�GK PAGE 68 1977 RESOLUTION NO. 77-88 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA That a speed limit of Twenty- five (25) miles per hour is hereby established for the drive into Indian River County Landfill, which drive begins on the West right-of-way of Range Line Road and runs parallel to the C-5 canal through to I-95. BE IT FURTHER RESOLVED That appropriate speed limit markers shall be placed along the drive indicating the maximum speed of twenty-five (25) miles per hour. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By zx" ( � � � 4 , William C. Wodtke, Jr., airman Attest: Freda Wright, Cl rk This Resolution to become effective as of the 24th day of August, 1977. NAGE 4,99 THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND Nos, 55868 -55995 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURTO THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULE 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 4:45 O'CLOCK P.M. ATTEST: CLERK ,<� CHAIRMAN 46 1977 `X70 p� r 3'0 r��uC t