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WEDNESDAY, NOVEMBER 16, 1977
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA,
ON WEDNESDAY, NOVEMBER 16, 19771 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, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS;JR., ATTORNEY
TO THE BOARD OF COUNTY COMMISSIONERS; AND VIRGINIA HARGREAVES, DEPUTY
CLERK.
THE CHAIRMAN CALLED THE MEETING TO ORDER.
COMMISSIONER LOY LED THE PLEDGE OF ALLEGIANCE TO THE FLAG,
•AND REVEREND FRED MCCLELLAN OF THE FIRST PRESBYTERIAN CHURCH GAVE
THE INVOCATION.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE REGULAR MEETING OF OCTOBER 19, 1977.
COMMISSIONER SIEBERT REQUESTED THAT ON PAGE 2, 9TH PARAGRAPH,
"CHAIRMAN" BE CORRECTED TO READ "COMMISSIONER.°
THIS CORRECTION HAVING BEEN MADE, ON MOTION BY COMMISSIONER
SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY
APPROVED THE MINUTES OF THE REGULAR MEETING OF OCTOBER 19, 1977, AS
WRITTEN.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 20, 1977.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING
OF OCTOBER 20, 1977, AS WRITTEN.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
L:OY, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR RENEWAL PERMIT TO
CARRY A CONCEALED. FIREARM OF GEORGE D. MCCARTHY.
ON MOTION BY COMMISSIONER.SCHMUCKER, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR PETE SPYKE,
AGRICULTURAL SPECIALIST, AS FOLLOWS:
NOY 16197? . • ' ao�c ��01
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NOV. 22 TAVARES QUARTERLY MEETING OF COUNTY CITRUS
EXTENSION AGENTS. (THIS WAS PREVIOUSLY
SCHEDULED FOR OCTOBER 17 AT THE NATIONAL
WEATHER SERVICE FACILITIES .IN RUSSKIN,
BUT WAS CANCELED AND RESCHEDULED.)
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAY ROLLS, CIRCUIT
COURT, FALL TERM, 1977, IN THE AMOUNTS OF $122.56 AND $33.00.
REPORT OF CONVICTIONS, CIRCUIT COURT, OCTOBER, 1977, WAS
RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK.
• CHAIRMAN WODTKE INFORMED THE BOARD THAT HE HAD RECEIVED A
LETTER FROM CIVIL DEFENSE DIRECTOR LEE NUZIE IN REGARD TO ATTENDING
A DISASTER PREPAREDNESS CONFERENCE.
• ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED OUT-OF-COUNTY TRAVEL FOR CIVIL
DEFENSE DIRECTOR, LEE NUZIE, TO ATTEND THE ORANGE COUNTY DISASTER PRE-
PAREDNESS CONFERENCE ON NOVEMBER 22, 1977, AT ORLANDO.
ADMINISTRATOR JENNINGS REPORTED THAT HE HAD RECEIVED A REQUEST
FROM THE CITY OF VERO BEACH THAT THE COUNTY FURNISH A DRAGLINE/CRANE
AND HELP SET EIGHT CONCRETE POWER POLES AT THE PONY LEAGUE BASEBALL
FIELD ON INDIAN RIVER DRIVE ON MONDAY, NOVEMBER 14, 1977, THE ADMINIS-
TRATOR INFORMED THE BOARD THAT HE HAD SENT A MACHINE AS REQUESTED BY
• THE CITY, BUT THE WORK DID NOT TAKE FIVE HOURS AS ESTIMATED BY THE CITY;
IT TOOK THREE DAYS.
• ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED THE ACTION OF THE ADMINISTRATOR AS
ABOVE.
THE ADMINISTRATOR NEXT DISCUSSED WITH THE BOARD A REQUEST
FROM THE CITY OF VERO BEACH FOR MARL AND EQUIPMENT FOR WORK AT THE
RIVERSIDE THEATRE AS FOLLOWS:
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November 8, 1977
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Mr. Jack G. Jennings
County Administrator • !
Indian River County �•
County Courthouse
Vero Beach, Florida 32960 �.
Dear Jack:
The Riverside Theatre has inadequate area marled and graded
near their rear entrance for large trucks to load and unload
�t ;;e- equipment.
We respectfully request that the County consider participat-
ing as follows:
1. Furnish marl (load on City trucks)
• 500-700 cubic yards
2. Furnish dozer to level marl and dozer
to level existing piles of fill in low
areas of Civic Arts Center. Approxi-
mately two (2) days work.
The City will haul marl, grade, compact and maintain there-
after. We would like to accomplish this by December 16,
1977 if possible.
Thank you for your consideration and approval.
Sincerely,
J. Lewis•Greene
Director of Public Works
'COMMISSIONER SCHMUCKLER STATED HE FELT THIS IS A WORTHWHILE
COMMUNITY PROJECT, BUT CHAIRMAN WODTKE POINTED OUT THAT THIS IS A CON-
SIDERABLE AMOUNT OF MARL -AND WE ARE GETTING TO A POINT WHERE THE MARL
IS NEEDED FOR OUR ROADS. ALSO OUR EQUIPMENT HAS BEEN VERY TIED UP
WITH WORK ON THE LANDFILL, AND HE FELT THIS IS A LARGE REQUEST.
ADMINISTRATOR JENNINGS NOTED THAT ALTHOUGH OUR MARL SUPPLY.
IS NOT THE SAME QUALITY AS.IT WAS, WE DO HAVE BORROW AREAS AND A PIT
WHERE WE CAN GET THE MARL
NOV 161977 Boos ;
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COMMISSIONER SCHMUCKER COMMENTED THAT THE CITY USED TO BE
ABLE TO GET SHELL OUT OF THE RIVER, BUT IT IS GONE NOW,
COMMISSIONER Loy STATED THAT SHE WOULD LIKE TO SEE THE BOARD
RESPOND TO THIS REQUEST BECAUSE THERE IS NO.' WAY FOR THE THEATRE GROUP
TO DO IT AND THE CITY DOES NOT HAVE THE MARL. SHE FELT THE THEATRE
•
IS A VALUABLE ASSET TO THE COUNTY AS WELL AS THE CITY. :.
MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, TO APPROVE THE REQUEST OF THE CITY OF VERO BEACH TO PARTICIPATE
IN WORK AT THE RIVERSIDE THEATRE AS SET OUT IN LETTER OF NOVEMBER S,
1977, FROM LEWIS GREENE, DIRECTOR OF PUBLIC WORKS, '
ASSISTANT ADMINISTRATOR NELSON NOTED THAT THE COST OF A BULL-
DOZER AND OPERATOR WOULD BE ABOUT $400.00 FOR TWO DAYS, AND ADMINISTRATOR
JENNINGS STATED THAT HE WILL GIVE THE BOARD ITEMIZED COSTS ON THIS JOB
WHEN IT IS FINISHED. HE POINTED OUT THAT THESE COSTS ADD UP CONSIDERABLY,
AND HE FELT THERE SHOULD BE SOMETHING ON RECORD TO SHOW WHAT CONTRIBU-
TIONS HAVE BEEN MADE.
THE CHAIRMAN CALLED FOR THE QUESTION. CHAIRMAN WODTKE VOTED
IN OPPOSITION. THE MOTION CARRIED.
ADMINISTRATOR JENNINGS DISCUSSED WITH THE BOARD A REQUEST FROM
THE ROSELAND WOMEN'S CLUB THAT THE INSIDE OF THE CLUB BUILDING BE PAINTED.
•
CHAIRMAN WODTKE ASKED IF THERE IS ANYTHING IN THEIR AGREEMENT
IN REGARD TO THEIR MAINTAINING THE INSIDE OF THE BUILDING.
ADMINISTRATOR KENNINGS STATED THAT HE IS NOT CURRENT ON WHAT
THE AGREEMENT REQUIRES. HE NOTED THAT MOST OF THE MAINTENANCE HAS BEEN
DONE BY THE COUNTY. HE POINTED OUT, HOWEVER, THAT WE STILL HAVE THE
ROCKRIDGE COMMUNITY BUILDING TO PAINT AND ARE BEHIND ON THE COMMUNITY
BLOCK GRANT DEVELOPMENT WORK BECAUSE HIS CREWS HAVE BEEN TIED UP WITH
WORK AT.THE COURTHOUSE.
IT WAS AGREED THAT ATTORNEY COLLINS WOULD RESEARCH THE RE-
QUIREMENTS OF THE AGREEMENT WITH THE ROSELAND WOMEN'S CLUB, AND ACTION
WILL BE TAKEN LATER IN THE MEETING,
•
THE ADMINISTRATOR INFORMED THE BOARD THAT A LETTER HAS BEEN
RECEIVED FROM CAL STREETMAN OF C & G GROVES REQUESTING THAT THE COUNTY
IMPROVE AND GRADE LUDWIG LANE FhOM'MONROE ROAD WEST TO THE CULVERT AT
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NOY 161977
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THE CORNER OF C & G GROVES. THE ADMINISTRATOR STATED THAT HE HAS IN-
SPECTED THIS SITE, AND IT WOULD ACTUALLY ENTAIL BUILDING 1/11 MILE OF
ROAD. HE'NOTED THAT WE WOULD HAVE TO GET PERMISSION FROM THE DRAINAGE
DISTRICT TO REGRADE AND TAKE THE SMALL AMOUNT OF SPOIL THEY HAVE THERE.
IT WOULD ALSO REQUIRE THE REMOVAL OF QUITE A FEW CABBAGE PALMS, AND
MARL WOULD HAVE TO BE HAULED IN.
COMMISSIONER Loy POINTED OUT THAT THE SOLE PURPOSE OF THIS
ROAD IS TO HAUL OUT FROM ONE GROVE, AND IN THE PAST OWNERS NEEDING TO
'HAUL PRODUCE HANDLED THEIR OWN ROADS.
ADMINISTRATOR .JENNINGS AGREED THAT IN THE PAST THE OWNERS
WOULD BRING THEIR ROADS UP TO THE STANDARD OF A RURAL ROAD, WOULD GIVE
A RIGHT-OF-WAY, AND THE COUNTY WOULD THEN AGREE TO MAINTAIN THEM, BUT
THERE HAS BEEN A TENDENCY TO GET AWAY FROM THIS.
CHAIRMAN WODTKE SUGGESTED THAT THE OWNERS BE NOTIFIED IF THEY
WILL CLEAR AND BRING THE ROAD UP TO MINIMUM STANDARDS, THE COUNTY WILL
MAINTAIN IT. IT WAS AGREED THAT COMMISSIONER SIEBERT WILL DISCUSS
THIS MATTER WITH MR. STREETMAN AND REPORT BACK TO THE BOARD.
THE ADMINISTRATOR REPORTED THAT HE TRAVELED TO FORT LAUDERDALE
AND MET WITH THE DOT AS AUTHORIZED., HE STATED THAT HE IS UNDER THE
IMPRESSION THAT THE COUNTY WILL RECEIVE DEFINITE INSTRUCTIONS FAIRLY
• SOON ABOUT TURNING THE SECONDARY ROADS OVER TO THE COUNTY AS WE ARE ONE
OF THE VERY FEW REMAINING COUNTIES WHERE THIS HAS NOT BEEN DONE.
• ADMINISTRATOR JENNINGS CONTINUED THAT IN REGARD TO THE OFF -
SYSTEMS ROAD CONSTRUCTION, HE TOOK WITH HIM THE LIST REVIEWED AT THE
PREVIOUS MEETING AND WENT OVER IT WITH THE DOT ITEM BY ITEM, POINTING
OUT TO THEM THAT THE ROAD TO THE COLLEGE IS THE FIRST PRIORITY. HE
INFORMED THE BOARD THAT THE DOT HAS NOT YET RECEIVED FULL INSTRUCTIONS
ON THE CRITERIA THEY WILL HAVE.TO IMPOSE NOR DO THEY KNOW EXACTLY HOW
MUCH MONEY WILL BE AVAILABLE. THEY ARE GOING TO SEND TWO OF THEIR
STAFF PEOPLE TO INDIAN RIVER COUNTY TO VISIT THE VARIOUS PROPOSED
PROJECT LOCATIONS WITH THE ADMINISTRATOR, AND HE FEELS SURE WE WILL
GET SOMETHING.
THE ADMINISTRATOR THEN REVIEWED THE PROPOSED NEW CONSTRUCTION
ON STATE ROAD 512 FROM WEST OF STATE ROAD 507 TO I-95. HE NOTED THAT
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NOV 16 1977
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THIS HAS A VERY RESTRICTED RIGHT—OF—WAY IN FELLSMERE. HE FURTHER NOTED
THAT.THIS IS A PRIMARY ROAD AND IS SET UP TO BE TURNED BACK TO THE
COUNTYe BUT WE WOULD HAVE A LOT OF QUESTIONS ABOUT TAKING THIS ROAD
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BACK AT THIS POINT.
ADMINISTRATOR .JENNINGS REPORTED TO THE BOARD THAT HE HAD
ATTENDED A MEETING WITH FELLSMERE WATER MANAGEMENT DISTRICT OFFICIALS,
THEIR ATTORNEY, AND NICK SUIT, IN REGARD TO ROAD PROBLEMS IN THAT AREA.
THE ADMINISTRATOR FELT THEY WERE COGNIZANT THAT SOMETHING HAS TO BE
DONE SOONER OR LATER OTHER THAN WHAT IS BEING DONE PRESENTLY BECAUSE
OF THE GROWTH IN THE AREA, AND ALL PARTIES AT THE MEETING AGREED IT WOULD
BE ADVISABLE TO SET UP A COMMITTEE TO TRY TO WORK OUT A SOLUTION FOR
THIS PROBLEM. HE INFORMED THEM THAT HE WOULD ASK THE BOARD TO CONSIDER
APPOINTING SOMEONE TO SUCH A COMMITTEE AND ALSO HAVE OUR ATTORNEY SIT
.IN ON THESE WORKSHOP DISCUSSIONS.
CHAIRMAN WODTKE APPOINTED COMMISSIONER DEESON TO SERVE ON THE
FELLSMERE ROAD STUDY COMMITTEE ALONG WITH ATTORNEY COLLINS. THE ADMINIS—
TRATOR AND ASSISTANT ADMINISTRATOR WILL ALSO ATTEND THESE MEETING, AND
THE CHAIRMAN INSTRUCTED THE ADMINISTRATOR TO REQUEST GEORGE HEATH,
ATTORNEY FOR FELLSMERE WATER MANAGEMENT DISTRICT, TO COORDINATE WITH
OUR ATTORNEY TO SET UP MEETINGS.
COMMISSIONER LOY REQUESTED THAT THE DRAINAGE DISTRICT BE
ASKED TO CERTIFY IN WRITING THAT EACH OF THE ROADS WE HAVE AGREED TO
MAINTAIN DOES PRESENTLY EXIST ON THEIR RIGHT—OF—WAY.
THE MATTER OF ADDITIONAL WIRING FOR THE RECORDING DEPARTMENT
WAS BROUGHT UP, AND FREDA WRIGHT, CLERK OF CIRCUIT COURT, STATED THAT
THIS WIRING IS NEEDED FOR THE MICROFILM EQUIPMENT.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAD GOTTEN
SEVERAL PROPOSALS ON THIS WIRING RANGING FROM $585.00 TO $896.00. HE
NOTED THAT THE PROPOSED WIRING WILL PREVENT TWO MACHINES BEING ON THE
. SAME CIRCUIT, AND THE PROPOSALS ARE BASED ON PROVIDING 12 OUTLETS IN
THE VARIOUS ROOMS.
DISCUSSION FOLLOWED ON THE AMOUNT OF OUTLETS NEEDED AND THE
LOCATION, AND THE BOARD RECESSED TO INSPECT THE VAULT AND OTHER ROOMS
IN RECORDING TO DETERMINE JUST WHAT IS NEEDED.
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COMMISSIONER SCHMUCKER DISCUSSED THE LOCATION OF THE OUTLETS,
NOTING THAT NONE ARE CALLED FOR IN THE FRONT OFFICE.
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COMMISSIONER SIEBERT DID NOT FEEL THERE IS ANY QUESTION ABOUT
OUTLETS BEING NEEDED IN THE VAULT, BUT COULD NOT UNDERSTAND WHY FOUR.
MORE OUTLETS ARE NEEDED IN THE VIEWER ROOM.
;
JUNE COLE, HEAD OF THE RECORDING DEPARTMENT, EXPLAINED THAT
THE OUTLETS IN THIS ROOM WILL HAVE TO BE RAISED BECAUSE THEY ARE LOCATED
DOWN BELOW THE COUNTER TOPS, AND IT IS IMPOSSIBLE TO MOVE THE COUNTERS.
AFTER FURTHER DISCUSSION IN REGARD TO THE REASONS FOR THE
OUTLETS IN THE DIFFERENT ROOMS, COMMISSIONER LOY REQUESTED THAT A SKETCH
BE MADE SETTING OUT EXACTLY WHAT IS NEEDED AND WHERE SO THAT ONCE THIS
IS AGREED TO THERE WILL NOT BE A NEED FOR CONSTANT CRANGES.
CHAIRMAN WODTKE INFORMED THE BOARD THAT AFTER ALL THE DIS-
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CUSSIONS AND MEETINGS WITH THE MUNICIPALITIES IN REGARD TO APPLICATIONS
FOR FUNDS UNDER THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT ASSIST-
ANCE FUND PROGRAM, HE HAS RECEIVED NOTIFICATION FROM THE DEPARTMENT OF
COMMUNITY AFFAIRS THAT THE COUNTY WAS NOT FUNDED, AND HE BELIEVES THAT
NONE OF THE MUNICIPALITIES HAVE BEEN FUNDED EITHER. THE CHAIRMAN STATED
THAT.MAYOR CRAGG OF SEBASTIAN ATTENDED A MEETING OF THE LEAGUE OF MUNICI-
PALITIES AND BECAME AWARE THAT SOME COUNTIES WERE DOING THE PLANNING
FOR THE MUNICIPALITIES AT THE COUNTY IS EXPENSE. MAYOR CRAGG AND MAYOR
SIMPSON OF FELLSMERE NOW WISH TO DISCUSS WITH THE BOARD POSSIBLE ASSIST-
ANCE FROM THE COUNTY. THE CHAIRMAN CONTINUED THAT MAYOR LIER OF ORCHID
HAS INDICATED THAT THEY ARE GOING TO DO THEIR OWN PLAN AT THEIR OWN
EXPENSE, AND THE TOWN OF INDIAN RIVER SHORES HAS HIRED ADLEY & ASSOCIATES
AND WILL PROCEED WITH THEIR OWN PLAN.
MAYOR CRAGG INFORMED THE BOARD THAT THEY HAD ORIGINALLY UNDER-
STOOD THAT THERE WERE FUNDS AVAILABLE UNDER TITLE II OF THE ANTI -
RECESSION PROGRAM TO HIRE TWO MEN TO DO THIS PLANNING AND WORK WITH
THE MUNICIPALITIES. HE CONTINUED THAT HE HAD BEEN TOLD THAT THE COUNTY
COMMISSIONERS FELT IT WOULD BE WRONG FOR THE COUNTY TO DO THE PLANNING
FOR THE MUNICIPALITIES BECAUSE THE MUNICIPALITIES MOULD FEEL THEY WERE
BEING PUSHED BY THE COUNTY,. AND HE WAS ALSO INFORMED THAT IT WOULD BE
NECESSARY FOR MUNICIPALITIES TO HAVE A CONSULTANT. HE HAS SINCE
NOV 161977' "
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DETERMINED THAT THEY WERE MISLED, AND IT IS NOT MANDATORY FOR A MUNICI—
PALITY TO HAVE A CONSULTANT. MAYOR CRAGG NOTED THAT SEBASTIAN HAD TALKED
ABOUT SETTING ASIDE $7,000 TO HIRE A CONSULTANT, BUT IT WOULD BE RIDICU—
LOUS FOR THEM TO SPEND THAT KIND OF MONEY IF THEY CAN GET THE HELP THEY
NEED FROM THE COUNTY PLANNING DEPARTMENT. HE INFORMED THE BOARD THAT
THE LAW SAYS THAT THEY CAN MAKE UP ANY PLAN THEY CHOOSE, AND THE STATE
CAN LOOK AT IT, BUT THEY CANNOT CHANGE IT NOR CAN THE COUNTY. HE SUB—
MITTED TO THE -BOARD A COPY OF A VERY SHORT MASTER PLAN WHICH HAS BEEN
-SENT TO THE STATE FOR THE TOWN OF .JUPITER ISLAND. MAYOR CRAGG STATED
THAT SEBASTIAN WOULD BE GLAD TO DO SOME OF THE WORK, BUT THEY NEED
GUIDANCE AND WOULD BE HAPPY TO ACCEPT ANY EXPERTISE THE.000NTY HAS TO
OFFER.
COMMISSIONER SIEBERT ASKED, IN THE EVENT WE SHOULD'PROCEED ON
THAT BASIS, WOULD IT BE THE MAYORS IDEA TO HAVE THE ADDITIONAL PLANNER
IN AN OFFICE IN SEBASTIAN?
MAYOR CRAGG STATED THAT THEY COULD SET UP A TEMPORARY OFFICE,
BUT FELT IT WOULD BE BETTER TO HAVE HIM IN THE COUNTY PLANNING OFFICE
WHERE ALL INFORMATION IS READILY AVAILABLE.
CHAIRMAN WODTKE NOTED THAT IF WE DO PURSUE THIS, WE WOULD
MAKE THE ASSISTANCE AVAILABLE TO ALL OF THE MUNICIPALITIES, NOT JUST
SEBASTIAN AND FELLSMERE, AND STATED HE WOULD LIKE TO HAVE A DEFINITE
REQUEST FROM THE MUNICIPALITIES FOR THIS ASSISTANCE, SETTING OUT EXACTLY
WHAT ASSISTANCE IS DESIRED AND ACKNOWLEDGING THAT THE COUNTY WILL NOT
BE DOING THE PLANNING, BUT WILL JUST ASSIST,
COMMISSIONER SIEBERT FELT THE INFORMATION GIVEN THE BOARD
TODAY PRESENTS QUITE A DIFFERENT SITUATION, AND HE NOW DOES NOT FEEL
IT WOULD BE SUCH A CUMBERSOME THING FOR THE PLANNING DEPARTMENT TO ASSIST
THE MUNICIPALITIES.
HOMER SIMPSON, MAYOR OF FELLSMERE, STATED THAT HIS CITY COUNCIL .
FEELS THE SAME AS SEBASTIAN'S, AND IF THE COUNTY CAN SUPPLY SOMEONE
WITH KNOWLEDGE TO WORK WITH THEIR PLANNING ZONING COMMISSION, THEY
CAN COME UP WITH THEIR OWN PLAN.
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NOV 161977 aoo qac 08-
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COMMISSIONER SIEBERT SUGGESTED THAT IT WOULD BE A GOOD IDEA
To HAVE REPRESENTATIVES FROM FELLSMERE AND SEBASTIAN SIT ON ON INTERVIEWS
Of ANY PEOPLE TO BE HIRED BY THE PLANNING DEPARTMENT IN REGARD TO WORKING
ON THE COMPREHENSIVE PLANS.'
COMMISSIONER Loy SUGGESTED THAT COUNTY PLANNER BRENNAN BE
AUTHORIZED TO INTERVIEW APPLICANTS AND MAKE RECOMMENDATIONS FOR HIRING
TWO PEOPLE UNDER THE ANTI -RECESSION TITLE II PROGRAM TO WORK ON COMPRE—
SIVE PLANS WITH THE MUNICIPALITIES AS DISCUSSED.
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THE BOARD AGREED THAT THIS RECOMMENDATION BE MADE TO PLANNER
DRENNAN. !
BILL BIESCHKE, CHAIRMAN OF THE FLOOD INSURANCE COMMITTEE FOR
THE CITY OF VERO BEACH, CAME BEFORE THE BOARD TO GIVE A STATUS REPORT
ON THE FLOOD INSURANCE PROGRAM. HE INFORMED THE BOARD THAT WE ARE NOW
• UNDER THE EMERGENCY PROGRAM. THERE IS ALSO A REGULAR PROGRAM WHICH HAS
SPECIFIC RATES FOR SPECIFIC AREAS, AND UNDER THIS PROGRAM YOU CAN PUR—
CHASE MORE INSURANCE THAN YOU CAN ON THE OTHER. HE NOTED THAT IN ORDER
TO BE TRANSFERRED OUT OF THE EMERGENCY PROGRAM INTO THE REGULAR PROGRAM,
A PRELIMINARY STUDY MUST BE DONE AND RATE MAPS SUPPLIED BY HOUSING AND
URBAN DEVELOPMENT, WHICH IS WHERE THE PROBLEM AROSE.. THESE MAPS MISTAK—
ENLY WERE SENT TO .BUDGE SMITH INSTEAD OF CHAIRMAN WODTKE, AND BY THE
TIME THIS WAS STRAIGHTENED OUT, THE APPEAL PERIOD HAD EXPIRED. CSR.
BIESCHKE STATED THAT HE CALLED THE HUD PEOPLE IN WASHINGTON YESTERDAY,
AND THEY DID AGREE TO GIVE A SIXTY-DAY EXTENSION. THE NEXT STEP IS TO
REVIEW THE RATE MAPS, MAKE ANY NECESSARY CORRECTIONS, AND RETURN THE
MAPS TO HUD TO BE REVISED. HUD WILL THEN SEND THEM BACK WITH AN EFFEC—
TIVE DATE.
DISCUSSION FOLLOWED AS TO THE CORRECTNESS OF THE ELEVATIONS
SHOWN ON THE MAPS AND WHETHER THE PLANNING DEPARTMENT HAS THE NECESSARY
EXPERTISE TO REVIEW THEM AND MAKE CHANGES.
ASSISTANT PLANNER BERG STATED THAT HE WOULD LIKE TO HAVE A
QUALIFIED PERSON HELP THEM.REVIEW THESE MAPS, BUT NOTED THAT HE DOES NOT
FEEL THESE MAPS ARE INTENDED TO SHOW THE EXACT ELEVATION AS IT EXISTS
NOW, BUT INSTEAD ARE MEANT TO DEPICT THE DESIRED OR MINIMUM ELEVATIONS
THAT WOULD BE REQUIRED TO COMPLY WITH THE -INSURANCE ACT.
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NOV 161977, Boas QA a . '
MR. BIESCHKE AGREED THAT THE MAPS JUST SHOW MINIMUMS AND
NOTED THAT THE RATES, FOR INSTANCE; APPLY TO FIVE FOOT PLUS. HE STATED =
THAT IF ANY INDIVIDUAL DISAGREES WITH HIS PARTICULAR ELEVATION, HE
CAN HAVE HIS AGENT WRITE TO TRAVELERS AND EXPRESS HIS GRIEVANCE, AND
THEY WILL HANDLE IT ON AN INDIVIDUAL BASIS.
COMMISSIONER SCHMUCKER NOTED THAT IF YOU HAVE AN EXISTING
HOME AT AN ELEVATION BELOW FIVE FEET, YOU HAVE A HIGHER RATE, BUT IF
YOU HAVE NOT BUILT, HE FELT YOU WOULD NOT BE ALLOWED T0,
DISCUSSION FOLLOWED ON THIS POINT, AND ASSISTANT PLANNER BERG
FELT THE INTENT OF THESE STUDIES IS TO ENCOURAGE COMMUNITIES TO HAVE
SOME TYPE OF REGULATORY DEVICE THAT WOULD ASSURE MINIMUM ELEVATION OF
HOMES. HE INFORMED THE BOARD THAT THE CITY HAS AN ORDINANCE DEALING
WITH FLOOR ELEVATIONS, AND HE SUGGESTED THAT WHEN WE ARE SATISFIED WITH
THE MAPS, WE ADOPT A SIMILAR ORDINANCE.
ADMINISTRATOR JENNINGS SUGGESTED THAT THE FLOOD INSURANCE
RATE MAPS BE REFERRED TO THE TECHNICAL ADVISORY COMMITTEE FOR REVIEW
AND POSSIBLY SOME OF THE QUALIFIED PEOPLE PRACTICING IN THE COUNTY CAN
GIVE THEIR COMMENTS.
CHAIRMAN WODTKE INSTRUCTED THE ADMINISTRATOR TO SUBMIT THESE
MAPS TO THE TECHNICAL ADVISORY COMMITTEE FOR REVIEW AND TO SET UP A
MEETING AS SOON AS POSSIBLE. HE REQUESTED MR. BIESCHKE TO WORK ON THIS
WITH THE PLANNING DEPARTMENT AND BRING BACK RECOMMENDATIONS.
MR. BEISCHKE NOTED THAT THE TWO-MONTH EXTENSION WAS ACTUALLY
GIVEN THREE WEEKS AGO, BUT COMMISSIONER LOY FELT WE WILL RECEIVE A
LETTER FROM MR. COWAN SETTING OUT THE EXACT DATE.
THE HOUR OF 11:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK
READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT:
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Nov 161977 .
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
• 1 COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath
sop that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Veto Beach in Indian River County, Florida; that the attached copy of advertisement, ging
I it the matter of
��
in the Court, was pub-
Bshed in said newspaper in the issues of `
/97 7
Afflant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
• as second class mail matter at the post office in .Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
Corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Swam to and subscribed before me this �7 y of A.D./9,% 7
\ _ (Basi Manager)
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(Clerk of the Circuit Court, Indian Rive unty, Florida)
(SEAQ
4 NOTICIE I
NOTICE IS HEREBY GIVEN that the Board
of county Commissioners of Indian River
County, Florida. will hold a public bearing ort
November lb 1977, at 11:00 A.M. at the Indian
River County Courthouse to consider the
adoption of an
ordinance establishing a street numbering
and naming system with corresponding
building numbers for the unincorporated areas
of Indian River County: requiring that all new
"WiSOrdinancedirectingitthe mpementa ono:
UM system in old subdivisions and unplatted
areas ever the next five (S) years: requesting
the incorporated areas to participate .n Con -
fortuity with this numbering system and
providing for an effective date.
Board of County Camtnissipners
of Indian River County
Florida
By: William C. Wodlke Jr., Chairman
Oct. 16.1977.
ATTORNEY COLLINS INFORMED THE BOARD THAT COUNTY PLANNER
BRENNAN HAD INDICATED THAT HE HAD OTHER CHANGES THAT HE INTENDED TO
PUT INTO THIS ORDINANCE, AND THEY WERE GOING TO REVIEW THEM TOGETHER,
BUT MR. BRENNAN WAS HOSPITALIZED BEFORE THIS COULD BE DONE. THE
ATTORNEY FELT THE BOARD COULD DISCUSS THIS ORDINANCE IF THEY WISHED,
BUT HE SUGGESTED THAT IT BE CONTINUED FOR FINAL ADOPTION UNTIL MR.
BRENNAN.CAN MAKE HIS FINAL INPUT.
CHAIRMAN WODTKE STATED THAT IF THERE ARE TO BE SUBSTANTIAL
CHANGES, HE FELT WE SHOULD RESCHEDULE AND.READVERTISE.
DISCUSSION FOLLOWED IN REGARD TO DUAL NAMING AND NUMBERING
OF STREETS, AND ASSISTANT PLANNER BERG STATED THAT IN A NEW SUBDIVISION
THE STREETS WILL HAVE NAMES, BUT ALSO A COORDINATING NUMBER, AND THEY
WOULD LIKE TO SEE THAT NUMBER ON THE PLAT.
NOV 161977 �oo�
32 Pm11
I
ADMINISTRATOR JENNINGS FELT IT SHOULD BE MANDATORY THAT THE
NUMBERS APPEAR ON ALL PLATS,
J. B. NORTON, JR., OF THE CHAMBER OF COMMERCE, INFORMED THE
BOARD THAT THEY OBJECT TO DOING AWAY WITH STREET NAMES. HE STATED THAT
HE HAD UNDERSTOOD THAT THOSE STREETS CURRENTLY HAVING A NAME WOULD KEEP
THE NAME, BUT THAT THEY WOULD BE ASSIGNED A NUMBER ALSO, AND IN THE
NEWER DEVELOPMENTS, THE STREETS WOULD BE ASSIGNED NUMBERS. HE STATED
THAT.THEY COULD AGREE TO THIS ARRANGEMENT.
COMMISSIONER SIEBERT STATED THAT HE HAS NO PROBLEM WITH ALLOW—
ING STREET NAMES, BUT DID FEEL THEY SHOULD HAVE A NUMBER ALSO. HE FELT
THAT THE NAME COULD BE OPTIONAL.
AFTER FURTHER DISCUSSION, CHAIRMAN WODTKE ANNOUNCED THAT THE
PUBLIC HEARING IS TERMINATED DUE TO THE ILLNESS OF THE PLANNER AND WILL
BE-READVERTISED.
ATTORNEY COLLINS STATED THAT HE WILL DISCUSS THIS MATTER WITH
PLANNER BRENNAN AND POSSIBLY REWRITE PART OF THE ORDINANCE.
ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS RESEARCHED
THE AGREEMENT IN REGARD TO THE MAINTENANCE OF THE ROSELAND WOMEN'S CLUB
AND FEELS THE BOARD MAY TAKE ANY ACTION THEY WISH IN THIS REGARD.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO HAVE THE IN—
SIDE OF THE ROSELAND WOMEN'S CLUB PAINTED WHENEVER IT FITS INTO HIS
z
SCHEDULE.
COMMISSIONER LOY READ TO THE BOARD A PROPOSED RESOLUTION IN
REGARD TO THE CORPS OF ENGINEERS' STUDY ON BEACH EROSION CONTROL, WHICH
SHE FELT WOULD PUT THE BOARD IN A MORE POSITIVE POSITION. SHE POINTED
OUT THAT UNTIL YOU HAVE A FINALIZED STUDY AND AN AUTHORIZED PROJECT,
THERE WON'T BE ANY OF ANY KIND.. SHE CONTINUED THAT ALL OF THE CORRE—
SPONDENCE, REPORTS, ETC., THAT HAVE BEEN SENT'TO THE CORPS WILL BE A
PART OF THE COMPLETE REPORT, AND SHE WOULD HOPE THAT BY THE TIME THEY
FINALIZE THE STUDY AND GET THE PROJECT AUTHORIZED, THAT THERE WILL BE
ALTERNATIVE SOLUTIONS AVAILABLE. SHE STATED THAT SHE HAS NOT HAD THE
CITY'S REACTION TO THIS YET.
12
NOV 161977.. aooK 32
1
NORMAN BADENHOP ASKED IF•PASSING THE PROPOSED RESOLUTION
• WOULD GIVE THE CORPS APPROVAL FOR SAND PUMPING.
COMMISSIONER Loy INFORMED MR. BADENHOP THAT IT WILL NOT; THAT
WHEN THERE IS AN AUTHORIZED PROJECT, THE COUNTY WILL BE THE ONE TO DE-
CIDE ON THE KIND OF PROJECT AND HOW MUCH MONEY, AND UNTIL WE PUT UP OUR
PART, NOTHING WILL HAPPEN. SHE POINTED OUT THAT IS WHY THERE IS
A PARAGRAPH IN THE RESOLUTION ABOUT THE BOARD SETTING PRIORITIES.
CHAIRMAN WODTKE STATED HE FELT THE BOARD WOULD BE VERY NEGLIGENT
IF THEY DID NOT ADOPT THIS RESOLUTION AS THERE COULD WELL BE AN EMERGENCY
SITUATION.
:COMMISSIONER SCHMUCKER AGREED, NOTING THAT WE WOULD BE THROW-
ING TEN YEARS` WORK DOWN THE DRAIN.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
S.CHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 77-113 AND
AUTHORIZED THE CHAIRMAN TO SIGN SAME AND FORWARD IT TO THE APPROPRIATE
GOVERNMENTAL AGENCIES.
EXCERPT FROM THE MINUTES OF THE VERO BEACH CITY COUNCIL
MEETING OF NOVEMBER 15, 1977, RELATIVE TO THIS MATTER IS HEREBY MADE
A PART OF THE MINUTES.
' a
133? pAq
s
NOV 161977
•
i
ti
RESOLUTION NO. 77-113.
i
WHEREAS, the Board of County Commissioners of Indian -
River County, Florida has received the Corps of Engineers.
.
Feasibility Report for Beach. Erosion Control of Indian River
County Beaches; and
'.
WHEREAS, after receipt of the above stated Report, the
Board of County Commissioners held a joint workshop meeting
for the purposes of obtaining public input as to the Report;
and
-
WHEREAS, the Board having finalized its recommendations
x
and having corresponded these recommendations to the Engineering
Division, Department of Army Corps of Engineers;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That•the Corps
of Engineers Feasibility Report for Beach Erosion Control of
Indian River County Beaches is hereby accepted; and
BE IT FURTHER RESOLVED, That the Board does hereby agree
to act as local sponsor for any project resulting from the
Study, with the proviso that the Board of County Commissioners
will establish the priorities for all construction projects
in Indian River County and that the State of Florida will
bear the financial costs for all projects constructed in the
Sebastian.Inlet State Recreation Area; and
BE IT FURTHER RESOLVED, That the Board recommends the
Corps of Engineers to complete the Report and recommend
authorization to the Congress of the United States at the
earliest possible date.
r
•
a
This Resolution shall become effective as of the 16th
day of November 1977.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By NL
William
C. Wodtke Chairm n
Attest:
n
L4
Freda Wright, Cie tk'
Nov 16 %7732
14
• e• e
77---/13
• ��1�1� 13 iut f � t
• GO of Vero Beath MOS! I
A Q Box 1389 - 1013 - 2" PLACE MMIDINKre
HERO BEACH, FLORIDA - 32960 � "marts7&fVL W 167-1111 CpPltMiCp
6"M O! TMs . C��
CITY CLERK (` i • a :`V�'
November 16, 1977
- 4 !
TO WHOM IT MAY CONCERN:
The following is an excerpt from the Minutes of City Council
Meeting, November 15, 1977.
"The Mayor advised that Indian River County needed
acceptance of the Army Corps of Engineers' report
on Beach erosion to qualify for Federal funding.
• The State of Florida does also. The Corps needs
acceptance to forward to Congress for funding of
even experimental projects. He further advised
that the current project at Sebastian Inlet would
not be affected, but future projects would.
"The Corps' Study would include the County's letter
of April 25,. 1977, which indicated that the County
wished a continuation of alternative methods; no
deferred structures be considered or included in
this project; consideration of extending the north
limits to Sebastian; make provisions to conduct test
,projects of viable alternatives to sand pumping; and
that the County would not authorize any project with-
out consent of the taxpayers as to the cost and bene-
fits.
"Mr. Smith moved to accept the Corp's study for con-
tinuation in the chain of review. Mr. Gregg added
'inclusive of the County's letter of April 25, 19771•
Seconded by Mr. Fagerlund, the motion carried unani-
mously." t
Caryl R. Stevens
City Clerk
4
:crs
i
,
"City of BeautifulBeaches"
r
NOV 61977. ,
aaox
NOW NEED TO SET UP A FEE SCHEDULE TO ENCOURAGE DOG OWNERS TO OBSERVE
OUR CURRENT REGULATIONS. COMMISSIONER LOY NOTED THAT THE CITY OF VERO
BEACH HAS ESTABLISHED A FEE SCHEDULE AND A WORKABLE AGREEMENT WITH
THE HUMANE SOCIETY, AND SHE WOULD SUGGEST WE PATTERN OUR FEES AND AGREE-
MENT ALONG THESE SAME LINES. SHE CONTINUED THAT SHE HAD CONSIDERED
SUGGESTING AN -EMERGENCY ORDINANCE, BUT IF A PUBLIC HEARING WERE AUTHOR-
IZED TODAY, IT COULD BE HELD ON DECEMBER 21ST AND THE NEW REGULATIONS
WOULD BE EFFECTIVE BY THE FIRST OF NEXT YEAR.
ON MOTION BY COMMISSIONER Loy, SECONDED BY.COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY COLLINS TO ADVER-
TISE A PUBLIC HEARING ON AN ORDINANCE ESTABLISHING A FEE SCHEDULE TO
BE USED IN CONJUNTION WITH THE DOG CONTROL ORDINANCE AND TO DRAW UP AN
AGREEMENT WITH THE HUMANE SOCIETY IN REGARD TO COLLECTION OF FEES, ETC.
ASSISTANT ADMINISTRATOR NELSON REPORTED TO THE BOARD THAT HE
HAS REVIEWED THE WIRING REQUESTED BY THE CLERK FOR THE RECORDING DEPART-
MENT, AND THEY ARE TRYING TO PUT IN NOT ONLY WHAT IS NEEDED NOW, BUT
ALSO TO LOOK TO THE FUTURE. HE STATED THAT THE MAJOR ROOM IS THE VAULT
AREA WHERE THEY WILL NEED OUTLETS FOR THREE STAMP MACHINES AND TWO
VIEWERS, PLUS FANS AND HEATERS, MR. NELSON CONTINUED THAT THEY NEED TO
RELOCATE TWO RECEPTACLES IN THE INNER OFFICE AND WANT TO PUT SWITCHES
ON THE OTHER WALL FOR FUTURE USE. HE REVIEWED IN DETAIL THE OUTLETS
NEEDED.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ACCEPTED THE PROPOSAL OF B & W ELECTRIC CORP.
TO INSTALL 12 OUTLETS IN THE RECORDING DEPARTMENT AT A COST OF $585.00.
THE BOARD THEREUPON RECESSED AT 12:00 NOON FOR LUNCH AND RE-
CONVENED AT 2:00 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT.
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:
NOV 16 1977
THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO
RICHARD ALTMAN ASSOCIATES OF ED SCHLITT AGENCY BY THE CLERK OF CIRCUIT
COURT AS REQUIRED BY FLORIDA STATUTE 125,66,
1
17 t
B d�..17
NOV 161977
} Vero Beach, Indian River County, Florida
--P-�1
11
.... MameE
NOTICE IS HEREBY GIVEN that the
J COUNTY OF INDIAN RIVER:�enyy��gq
COON
Commission of Indian River County,
►lorida, has tentatively approved the
f Of FLORIDA
STATEty
following changes and additions to the Zoning
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
gays that he Is Business Manager of the Vero Beach Press -Journal, a weekly newspaper
Ordinance of Indian River County, Florida,
whin changes and additions are substantially
published
of Vero Beach in Indian River County,Florida; that the attached c opt of advertisement, being
asfolfThat
I. That the Zoning Map be changed in order
that the following described property situated
LG L
in Indian River County, Florida, to -wit:
i a
That part of the South 179.89 feet of the North
i
430.bo feet of Government Lot 1, Section 7,
:_ natter of �-
-Township 31 -South, Ranqe 39 -East, lying East
of Old U.S. Highway No. 1. (Indian River
•
Drlve)7 said parcel having a frontage of 190 .
`
Z 4 r /7 '/ e
feet along said old U.S. Highway No. 1 (Indian '
River
I J / 7—�
River Drive). Lying and being in Indian
C mly, Florida.
toCourt, the was pub-
Be Changed from C•1 Commercial District,
to R-2 Multiple Family District.
A public hearing in relation thereto at which
Bslmd in said newspaper in the issues of
parties in interest and citizens shall have an
opportunity to be heard, will be held by said
A
+� f �/t a �r �y% %
Zoning Commission in the County Commission
Room, Indian River County Courthouse, Vero
Beach, Florida, Thursday, October 13, 1977, at
-7:30 o'clock P.M., after which a public hearing
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 n
Y newspaper has heretofore
in relation thereto at which parties in interest
and citizens shall have an opportunity to be
been continuously published in said Indian River County, Florida, weekly and has been entered
heard will he held by the Board of County
Commissioners of Indian River County,
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
Florida, in the County Commission Room,
Vero Beach,
of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
Indian River County Courthouse,
Florida, on Wednesday. November 16, 1977, at
Corporation any discount, rebate, commission or refund for the purpose of securing this adver-
2:00o'clock P.M.
tisement for publication in the said newspaper.
Board of County Commissioners
�/? fJ r7 7
�`
Indian River County
By: William C. Wodtke Jr., Chairman
Swam to and subscribed before me this day o A.O.
Indian River County Zoning Commission
By: Ralph Sexton, Chairman
•
Sept. 21.1977.
iness Manager)
�y ^ ^(Bu
(Clerk of the Circuit Court, India Iver County, Florida)
THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO
RICHARD ALTMAN ASSOCIATES OF ED SCHLITT AGENCY BY THE CLERK OF CIRCUIT
COURT AS REQUIRED BY FLORIDA STATUTE 125,66,
1
17 t
B d�..17
NOV 161977
M
• . . , '. .. .. ... .. 11 r. f) r .... . °• . ; •, '.•' (. ......i
�y 4,$OARD OF COUNTY COMMISSIONERS
%, 'f--,; �O• �IpMUW C. WODTKE. JR- Chairman '
ALMA LEE SOY. Vice Chairman 4
L i»dpi "
✓ -VIN .ARD W. SIEBERT. JR.
t�` , • -.EDWIN S. SCHMUCKEP. t
r
R DON DEESON
LACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach. Florida 3296C
.
-:September 26, 1977
Richard Altman Associates
:.J. Box 808 '
..Sebastian, Florida 32958
.Re: Rezoning application by.Ed Schlitt, Trustee
Gentlemen:
In compliance with Florida Statute 125.66, the following
is a Notice of Public Hearing for rezoning as requested Ed.Schlitt,
Trustee.
a 1 'NOTICE '
The Zoning Map will be changed in order that the following
described property situated in Indian River County, Florida to
Vit:
That part of the South 179.89 feet of the North
430.50 feet of Government Lot 1, Section 7, Town-
• ship.31 South, Ran;e 39 East, lying East of Old
U.S. HIghway No. 1, (Indian River Drive); said
parcel having a frontage of 190 feet along said
' Old U.S. Highway No. 1 (Indian River Drive)°Lying
and being in Indian River County, Florida.
Be changed from C-1 Commercial District, to R-2 Multiple
Family District.
A public hearing in relation thereto will be by the Board
of County Commissioners of Indian River County, Florida in the County
Courthouse, Vero Beach, Florida on Wednesday, November 16, 1977
at 2:00 o'clock P.M. .
Sincerely yours,
Freda WrightF 8
Clerk
CC; Ed Schlitt Agency, Inc,
A ,\.1 .•. ..1• • . . \h.�l•. •• ♦. .,\.• .n .. _... • JP..i .i.h6. • . :•.t 1. fir. . t1;1.:,..: .
r
Boas 2 u
SOV � 61977' -
ASSISTANT PLANNER BERG STATED THAT THIS PROPERTY IS IN AN
AREA IMMEDIATELY SOUTH OF THE CITY LIMITS OF SEBASTIAN ON THE EAST
SIDE OF RIVERSIDE AVENUE AND ABUTS CLASS 11 WATERS IN THE INDIAN RIVER.
HE STATED THAT THE ZONING COMMISSION RECOMMENDED APPROVAL, BUT THE
PLANNING STAFF FELT IT WAS NOT QUITE IN LINE WITH THE MASTER PLAN.
HE CONTINUED THAT THE ORIGINAL APPLICATION CALLED FOR R-2 BUT WAS
AMENDED TO REQUEST R -IA WHICH HAS A LESSER DENSITY AND IS MORE IN LINE
WITH THE COMPREHENSIVE PLAN.
ATTORNEY CHARLES SMITH CORRECTED MR. BERG AND INFORMED THE
BOARD THAT THE APPLICATION WAS NOT AMENDED To R -]A, BUT IS STILL RE-
QUESTING R-2 ZONING.
COMMISSIONER SIEBERT NOTED THAT WE HAVE RECEIVED A LETTER
FROM EDGAR SCHLITT STATING THAT R-1 WOULD BE ACCEPTABLE IF THEY COULD
BUILD TWO RESIDENCES ON THE PROPERTY.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD.
RICHARD ALTMAN, ASSOCIATE OF THE ED SCHLITT AGENCY, POINTED
OUT THAT THE LETTER FROM MR. SCHLITT IS DATED PRIOR TO THE ZONING MEET-
ING. HE NOTED THAT THIS AREA IS ALL COMMERCIAL; THERE IS A TRAILER PARK
NEARBY, SPORTSMAN'S LODGE, A NEW RESTAURANT AND BAR, AND A FISH HOUSE.
HE FELT THAT R-2 WOULD BE A WELCOME CHANGE FROM ALL THE COMMERCIAL
ZONING, AND FURTHER STATED THAT THE BUYER IS AGREEABLE To R-2 ZONING
AND HAS NO PLANS TO BUILD ANYTHING OTHER THAN ONE SINGLE-FAMILY RESIDENCE.
COMMISSIONER SIEBERT ASKED IF THE BUYER WOULD BE WILLING TO
ACCEPT R-1 ZONING.
MR. ALTMAN STATED THAT IF THE ZONING GOES R-1, IT WILL COST
THE BUYER, MRS. TENNYSON, $10,000 MORE AS THEN MR. SCHLITT WILL ONLY SELL
THE PROPERTY IN TWO 1/2 ACRE LOTS, AND HE WOULD HAVE TO SUBDIVIDE BECAUSE
IT IS A METES AND BOUNDS DESCRIPTION.
COMMISSIONER SIEBERT POINTED OUT THAT IF IT GOES R-2, IT IS A
HIGHER DENSITY THAN IS ALLOWED IN THE MASTER PLAN.
ATTORNEY CHARLES SMITH APPEARED REPRESENTING MRS. HELEN TENNYSON,
WHO HAS ENTERED INTO A CONTRACT TO BUY THIS PROPERTY. HE NOTED THAT AT
THE ZONING COMMISSION MEETING PLANNER BRENNAN RECOMMENDED R-2 BECAUSE
HE FELT THAT R-1 WOULD BE SPOT ZONING DUE -TO THE SURROUNDING COMMERCIAL
19
Nov 161977
aoo PArN
ZONING. HE INFORMED THE BOARD THAT MR. SCHLITT OWNS A LARGE TRACT OF
LAND RIGHT ACROSS FROM THE SUBJECT PROPERTY WHICH HE INTENDS TO DEVELOP
COMMERCIALLY, AND HE FEELS R-1 WOULD BE INCOMPATIBLE. ATTORNEY SMITH
URGED THAT THE BOARD FOLLOW THE RECOMMENDATION OF THE ZONING COMMISSION
AND THE COUNTY PLANNER FOR REZONING TO R-2.
DISCUSSION FOLLOWED IN REGARD TO THE EXPENSE AND PROBLEMS IN-
VOLVED WITH SUBDIVIDING THE PROPERTY INTO TWO LOTS, AND ATTORNEY SMITH
STATED MRS. TENNYSON WANTS PRIVACY AND DOES UOT WISH TO BUILD MORE THAN
ONE HOUSE. HE ALSO POINTED OUT.THAT R-2 REQUIRES SITE PLAN APPROVAL. HE
DID NOT FEEL THAT ANYONE IN THE PUBLIC OBJECTS TO THE REQUESTED REZONING
AND NOTED THAT.NEITHER THE PRESENT OWNER NOR THE BUYER WANTS R-1 ZONING.
COMMISSIONER LOY NOTED THAT THIS IS AN AREA BACKING UP TO
• CLASS II WATERS, IT IS NEAR A WILDLIFE REFUGE, AND SHE FEELS IT NEEDS
TO BE PROTECTED.
ATTORNEY SMITH REITERATED THAT TO ZONE THIS ONE SMALL ISOLATED
PIECE R-1 WOULD BE SPOT ZONING.
MR. ALTMAN FURTHER NOTED THAT THE PROPERTY OWNED BY MR. SCHLITT
ACORSS THE STREET WILL BE DEVELOPED AS A LARGE SHOPPING CENTER, AND
MR. SCHLITT FEELS IF THIS PIECE IS ZONED R-1, IT MAY CAUSE HIM PROBLEMS
WHEN HE DEVELOPS THE SHOPPING CENTER.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 77-30 GRANTING THE REZONING
TO R-2 AS REQUESTED.
20.
. s
•
Nov 161917 : - Booz 32 NSFLu
.. . ,.•. . ..-tea.• -.,. .,. .. ... .. ... ..... .. . ... .. .. .. , .. • 1
ORDINANCE NO. 77-30
• 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 Ed Schlitt, Trustee,' Petitioner/
Agent Richard Altman Associate, Ed Schlitt, situated in
-Indian -River County, Florida, to -wit:
• That part of the South 179.89 feet of the North 430.50
feet of Government Lot 1, Section 7, Township 31 -South,
Range 39 -East, lying East of Old U.S. Highway No. 1,
(Indian River Drive); said parcel having a frontage of
190 feet along said old U.S. Highway No. 1 (Indian River
Drive). Lying and being in Indian River County, Florida.
Be changed from C-1 Commercial District, to R-2 Multiple
Family District.
All within the meaning and intent and as set forth and
described in said Zoning Regulation.
This Ordinance shall take effect November 21, 1977.
— R
NOV �l 61977 , aooK 2 a
i( 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
Vora Beach, Indian River County, Florida
• COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr, who on path
so" 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
- t— the matter of e,-,, ez._•,4 /a C.C• i e. L�
in the Court was pub-
Wad in said newspaper in the issues of
Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
'been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver.
tisement for publication in the said newspaper.
Sworn to and subscribed before me this �R day of 4'2; l A D
(Clerk of the Circuit Court, lndiah'River County, Florida)
NOTIPt
NOTICE IS HEREBY GIVEN that the
i Zening Commission of Indian River County,
Florida, has tentatively approved the
f 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
Mat the following described property situated
In Indian River County, Florida, to -wit:
The East 10 acres of the West 20 acres of
Tract 1, Section 7, Township 33 South, Range 39
East, and that part of Tract 8 lying North of the
Main Out Fall Canal and adjoining the ten
acres above described on the South, extending
from the South line of the ten -acre tract to the
North line of the Main Out Fall Canal, all ac -
to the
c-
tothe last general plat of lands of the
Indian River Farms Company, filed in the
office of the Clerk of the Circuit Court of St.
Lucie County, Florida, in Plat Book 2, page 2S;
said land now lying and being in Indian River
County, Florida.
Be changed from A -Agricultural District, to
,.R -IE Country Estate District.
A public hearing in relation thereto at which
parties in interest and citizens shall have an
opportunity to be heard, will be held by said
Zoning Commission in the County Commission
Room, Indian River County Courthouse, Vero
Beach, Florida, Thursday, October 13, 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, November 16, 1977, at
2:00 o'clock P.M.
Board of County Commissioners
Indian River County
By: William C. Wodtke Jr., Chairman
Indian River County Zoning Commission
By: Ralph Sexton, Chairman
Sept. 21,1917.
THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO MR. AND
MRS. ROBERT MCIVER BY THE CLERK OF CIRCUIT COURT AS REQUIRED BY FLORIDA
STATUTE 125.66. '
22
NOV 1
61971 Boo 3 2 pro
' %7
BOARD OF COUNTY COMMISSIONERS
r
WILLIAM C. WODTKE. JR Chairman
ALMA LEE LOY, Vice Chairman
;�,,
K WILLARD W. SIEBERT. JR.
1
EDWIN S. SCHMUCKER
R• DON DEESON
JACK G. JENNINGS, Administrator 2145 14th Avenue Vero Beach, Florida 328 0 '.
September 23, 1977
• .i r
Mr. and Mrs. Robert McIver
325 16th AVenue
Vero Beach, Florida 32960
;Re: •Rezoning application by Stanley Ozgowicz, Geraldine Ozgowicz,
Denise Ozgowicz, Richard Ozgowicz, Franz and Linda Feldhaus,
Robert and Wendy McIver
Dear Mr. and Mrs. McIver:
In compliance with Florida Statute 125.66, the following is a
Notice of Public Hearing for rezoning as requested by Stanley Ozgowicz
Geraldine Ozgowicz, Denise Ozgowicz, Richard Ozgowicz, Franz and
Linda Feldhaus,. and Robert and Wendy McIver.
• - •NOTICE
The Zoning Map will be changed in order that the following
described property situated in Indian River County, Florida to wit:
The East 10 acres of the West 20 acres of Tract 1, Section 7,
Township 33 South, Range 39 East, and that part of Tract 8
lying North of the Main Out Fall Canal and adjoining the ten `
acres above described on the South, extending from the South
line of the ten acre tract to the North line of the Main Out
-Fall Canal, all according to the last general plat of lands of
Indian River Farms Company, filed in the Office of the Clerk
of the Circuit Court of St.Lucie County, Florida, in Plat Book
2, Page 25; said land now lying and being in Indian River County,
Florida.
`Be changed from A -Agricultural District, to R -1E 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
Courthouse, Vero Beach Florida on Wednesday, November 16, 1977 at
2:00 o'clock P.M.
Sincerely yours,
of Cleric Wright
CC:. Mr. Stanley Ozgowicz,'etal. '
NOV i 61977. Boy 3
4
ASSISTANT PLANNER BERG INFORMED THE BOARD THAT THIS PROPERTY a
IS LOCATED WEST OF 66TH AVENUE ON THE NORTH SIDE OF THE MAIN CANAL.
THE MAJORITY OF THE LAND IS IN GROVE'S AND IS DESIGNATED ON THE COMPRE-
HENSIVE PLAN AS PRIMARY CITRUS. MR. BERG NOTED THAT THERE ARE SOME
EXISTING SUBDIVISIONS IN.PRIMARY CITRUS AND STATED THAT THE ZONING 4
COMMISSION RECOMMENDED THE REZONING FROM A TO R-lE BASED ON THE FACT
THAT THERE ALREADY WAS SOME EXISTING EROSION INTO THE PRIMARY CITRUS
AREA. MR. BERG STATED THAT THIS PROPERTY WAS DEEDED TO THE FAMILY BY
THE FATHER OF THE APPLICANTS.
ZONING DIRECTOR WALKER INFORMED THE BOARD THAT THIS PROPERTY
AT ONE TIME WAS ZONED R-1, BUT THEN WAS CHANGED TO AGRICULTURAL IN THE
ROUTE 60 REZONING.
MR. BERG SHOWED THE BOARD A SKETCH OF HOW THIS PROPERTY WAS
SUBDIVIDED BY DEED, AND IT WAS POINTED OUT THAT THE OWNERS WOULD HAVE
TO SUBDIVIDE AND PLAT THIS PROPERTY. IT WAS ALSO NOTED THAT IT WOULD
-BE NECESSARY TO HAVE A SO' ROAD INSTEAD OF A 30' ROAD.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD,
ROBERT MCIVER OF 325 16TH AVENUE INFORMED THE BOARD THAT
MR.°OSGOWICZ DIVIDED THIS PROPERTY UP BY METES AND BOUNDS AND HAD IT
RECORDED BEFORE THE REZONING WAS DONE. HE STATED THAT THEY HAD RECEIVED
NO OBJECTIONS TO THEIR PLANS TO SUBDIVIDE FROM THE PEOPLE AROUND THEM AND
FURTHER NOTED THAT SOME OF THE SURROUNDING LAND IS BEING USED FOR PASTURE
LAND AND VERO LAB IS LOCATED NEARBY.
ADMINISTRATOR JENNINGS ASKED IF ALL THE LOTS SHOWN ARE OWNED
BY SEPARATE INDIVIDUALS, AND MR. MCIVER STATED THAT THERE ARE FIVE OWNERS
AND THE LAND WAS DEEDED TO THEM IN 1973,
COMMISSIONER SIEBERT ASKED IF THEY HAD TAKEN AERIAL SPRAYING
INTO CONSIDERATION AS THEY ARE SURROUNDED.BY GROVES.
MR. MCIVER STATED THAT THEY HAD AND NOTED THAT WHEN MR. OSGOWICZ
BOUGHT THIS LAND, THE GROVE WAS NONPRODUCTIVE.
'ON MOTION BY COMMISSIONER SIEBERT, 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 77-31 GRANTING THE REQUESTED
REZONING TO R-lE.
Noy 161977 . .
24
BOOK' 32��
Y
,
ORDINANCE NO. 77-31
• 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 Stanley Ozgowicz & Geraldine
Ozgowicz; Denise Ozgowicz, Richard Ozgowicz, Frank &
Linda Feldhaus, and Robert McIver and Wendy McIver,
situated in Indian River County, Florida, to -wit:
The East 10 acres of the West 20 acres of Tract 1, Sec-
tion 7, Township 33 South, Range 39 East, and that part
of Tract 8 lying North of the blain Out Fall Canal and ad-
joining the ten acres above described on the South, extend-
ing from the South line of the ten -acre tract to the North
line of the blain Out Fall Canal, all according to the last
general plat of lands of the Indian River Farms Company,
filed in the office of the Clerk of the Circuit Court of
St. Lucie County, Florida, in Plat Book 2, page 25; said
land now lying and being in Indian River County, Florida.
Be changed from A -Agricultural 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 November 21, 1977.
Nov i f) 1977
800(
9
x
i
� c
ADMINISTRATOR .JENNINGS DISCUSSED WITH THE BOARD THE FILING
` OF A CEASE & DESIST ORDER ON RICHARD MARTIN FOR VIOLATION OF THE MINING
ORDINANCE. HE STATED THAT HE HAS A LETTER FROM ATTORNEY BLOCK, REPRE-
SENTING MR. MARTIN, REQUESTING THAT THE OPERATION BE REINSTATED. HE
FURTHER STATED THAT HE HAS AN APPEAL FROM HENRY A. FISCHER AND RICHARD
DOZIER, REPRESENTED BY ATTORNEY SHERMAN•SMITH, AND A REQUEST FOR CONTINU-
ANCE ON THIS SAME MATTER.
x
ATTORNEY SMITH WITHDREW HIS REQUEST FOR CONTINUANCE.
ADMINISTRATOR .JENNINGS EXPLAINED THAT THERE WERE DEFINITE
VIOLATIONS IN THE AREA MR. MARTIN WAS MINING, AND DR. FISCHER HAD CALLED
ASKING THAT THESE VIOLATIONS BE CORRECTED. THE ADMINISTRATOR STATED
THAT HE MET WITH MR. AND MRS. MARTIN THREE TIMES AND STILL THE VIOLATIONS
WERE NOT CORRECTED S0, AFTER DISCUSSING THE MATTER WITH ATTORNEY COLLINS,
HE ISSUED THE CEASE & DESIST ORDER, KNOWING THAT THIS WOULD CREATE A
HARDSHIP ON THE OWNER OF THE PROPERTY, DR, FISCHER, AND ALSO ON MR. MARTIN.
THE ADMINISTRATOR STATED THAT THE PURPOSE OF ISSUING THIS ORDER WAS TO
BRING THE SITUATION TO A POINT WHERE IT COULD BE STRAIGHTENED OUT ONCE
AND FOR ALL. ADMINISTRATOR JENNINGS CONTINUED THAT WHILE MR. MARTIN WAS
ATTEMPTING TO CORRECT THE VIOLATION, IT WAS BROUGHT TO HIS ATTENTION
THAT THE BASIS THE ORDER WAS ISSUED ON WAS INCORRECT DUE TO A MISUNDER-
STANDING BETWEEN MR, MARTIN AND MR. HYATT AS TO WHERE THE BOUNDARY LINE
OF THE PROPERTY WAS LOCATED. HE NOTED THAT THE ONLY ONE NOT SHUT DOWN
AT THIS TIME IS MR. HYATT, THE ADMINISTRATOR INFORMED THE BOARD THAT
HE HAS A LETTER FROM DANA HOWARD, SURVEYOR, TO ATTORNEY BLOCK STATING
THAT THEIR FIRM HAS COMPLETED A TOPOGRAPHICAL SURVEY AND RELOCATED
BOUNDARY MARKERS AND FIND THERE WAS A VIOLATION OF THE ISO' SETBACK
LIMITS, BUT INSTEAD OF THE VIOLATION EXTENDING TO WITHIN 19' OF THE LINE,
IT ACTUALLY IS LOO' AWAY.
THE ADMINISTRATOR STATED THAT HE INSPECTED THE PROPERTY YESTER-
DAY. IT IS BEING RESTORED, AND HE FEELS"THERE IS SUFFICIENT MATERIAL
THERE FOR'MR. MARTIN TO BRING THE OPERATION INTO COMPLETE CONFORMANCE
WITHOUT A LOT. MORE WORK. THE ADMINISTRATOR NOTED THAT THE RELOCATION
26 '
• 'L--_..-dy.:,..;ui...�_..:lqa�.-.v.Y.d.:.1LL�_`.� W. . < i'.: r._ '.i.`�.c .... ,....�.� 4 .. .. _ _ _ � ... ::.ii... .sY . _.. ... -.:'as - .m. �o - � � . -. .:�,�
i •
OF THE BOUNDARY MARKERS TOOK THE PROBLEM AWAY FROM MR. MARTIN AND
i
GAVE IT TO MR. HYATT, WHO WILL NOW HAVE TO CORRECT HIS VIOLATION. HE
POINTED OUT THAT WHATEVER AGREEMENT MR. HYATT MAKES WITH DR. FISCHER
- DOES NOT AFFECT THE ISSUE OF PUTTING THE PIT IN COMPLIANCE. AGREEMENTS
i
BETWEEN THE OPERATORS ARE IMMATERIAL AS WE ARE ONLY CONCERNED THAT
COUNTY REGULATIONS ARE MET. HE INFORMED THE BOARD THAT HE HAS NOT
ISSUED A CEASE AND DESIST ORDER TO MR, HYATT YET AS MR, HYATT HAS JUST
BECOME AWARE OF THE BOUNDARY LINE SITUATION. ADMINISTRATOR .JENNINGS
•CONTINUED THAT HE WOULD BE AGREEABLE TO LIFTING THE SUSPENSION ORDER ON
MR, MARTIN WHEN HE IS SURE THE PIT IS TOTALLY IN COMPLIANCE.
DANA HOWARD STATED THAT MR, MARTIN IS BACKFILLING NOW AND SHOULD
BE DONE IN TWO OR THREE DAYS.
ADMINISTRATOR .JENNINGS STATED THAT WHEN MR. HOWARD SAYS THIS
IS -DONE, HE WILL INSPECT THE PROPERTY AND THEN LIFT THE SUSPENSION ORDER.
ATTORNEY SMITH NOTED THAT THEY FILED THE APPEAL BECAUSE IT
WAS REQUIRED TO BE DONE WITHIN IS DAYS AND THEN FILED THE CONTINUANCE BE-
CAUSE THEY DID NOT THINK IT WAS POSSIBLE FOR MR. MARTIN TO GET IN COM-
PLIANCE IN THIS PERIOD OF TIME. ATTORNEY SMITH NOTED THAT THERE ARE TWO
PROBLEMS INVOLVED - THE COUNTY PERMIT AND THE AGREEMENT BETWEEN THE OPERA-
TORS, BUT THE AGREEMENT IS NOT THE COUNTY'S PROBLEM.
COMMISSIONER SIEBERT FELT THE COUNTY MIGHT BE INVOLVED IN ONE
AREA - THE "DAY -LIGHTING" AGREEMENT BETWEEN MR. HYATT AND MR. MARTIN,
WHICH HE BELIEVED WAS APPROVED BY THE ZONING COMMISSION.
• f
DISCUSSION FOLLOWED ON "DAY -LIGHTING," AND ADMINISTRATOR
JENNINGS STATED IT CAN BE DONE IF IT IS DONE IN ACCORDANCE WITH REGU-
LATIONS.
CHAIRMAN WODTKE STATED THE ONLY THING THE BOARD CAN ADDRESS
AT. THIS TIME IS THE APPEAL SUBMITTED BY ATTORNEY SMITH AND THE CEASE AND
DESIST ORDER THAT HAS BEEN ISSUED. HE NOTED THAT ADMINISTRATOR JENNINGS
HAS INDICATED THAT HE WILL LIFT THE ORDER WHEN HE IS AWARE THERE IS NO
REMAINING VIOLATION.
ATTORNEY BLOCK INFORMED THE BOARD THAT MR. MARTIN HAS WORKED
VERY HARD TO BE IN COMPLIANCE, AND THIS ORDER NAS, IN EFFECT, DEPRIVED
11
NOV 161977:
27
BOOK 32 f, 2,7
HIM OF HIS.LIVELIHOOD. HE CONTINUED THAT TWO TO THREE DAYS MEANS A LOT
TO A SMALL OPERATOR AND STATED THAT MR. MARTIN WILL AGREE TO CONTINUE TO
LEVEL OUT THE PIT, BUT HE WOULD LIKE TO GO BACK TO WORK.
COMMISSIONER SIEBERT POINTED OUT THAT MR. MARTIN WAS WARNED
REPEATEDLY THAT HE WAS IN VIOLATION AND FINALLY HAD TO BE CLOSED DOWN.
COMMISSIONER LOY NOTED THAT THIS HAS BEEN AN EXISTING VIOLATION
AND CAN BE CLEARED UP VERY SHORTLY, AND SHE DOES NOT FEEL ANYTHING FURTHER
SHOULD BE ASKED OF THE BOARD.
• THE ADMINISTRATOR REITERATED THAT HE WILL LIFT THE ORDER JUST AS
SOON AS HE IS SURE THE PIT IS IN COMPLIANCE. IT WAS AGREED NO MOTION
WAS NECESSARY TO AUTHORIZE THIS.
• ATTORNEY COLLINS ASKED ATTORNEY SMITH IF HE WISHED TO CONTINUE
THE APPEAL, AND ATTORNEY SMITH AGREED IT WOULD BE BETTER PROCEDURE.
ON MOTION BY COMMISSIONER SIEBERT,-SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY CONTINUED THE -APPEAL FILED BY ATTORNEY
SHERMAN SMITH, .JR., UNTIL THE NEXT MEETING.
ADMINISTRATOR .JENNINGS REQUESTED THAT THE MINUTES REFLECT THAT
DUE TO THE BOUNDARY LINE SHIFT, HE BELIEVES MR• HYATT TO BE IN VIOLATION
OF THE MINING ORDINANCE. HE STATED THAT HE WILL NOT ISSUE THE CEASE AND
DESIST ORDER AT THIS TIME, BUT WOULD REQUEST THAT MR. HYATT BE AT THE
NEXT BOARD MEETING ON DECEMBER 7TH AND BRING IN ACTUAL SURVEY INFORMATION
SO WE CAN SEE WHAT ACTUALLY IS THERE. IF THIS IS NOT SATISFACTORY, HE
• WILL ISSUE THE CEASE AND DESIST ORDER AT THAT TIME.
CHAIRMAN WODTKE REQUESTED THAT MR.'HYATT MAKE THIS INFORMATION
AVAILABLE BY DECEMBER 2ND.
CHAIRMAN WODTKE DISCUSSED WITH THE BOARD A RESOLUTION DRAWN UP
BY ATTORNEY SHERMAN SMITH ON BEHALF OF FREDA WRIGHT, CLERK OF CIRCUIT
COURT. THE CHAIRMAN QUESTIONED THE WORDING OF THE PHRASE "WHEREAS, THE
BOARD WILL IN TURN APPROVE A CLERK'S BUDGET," WHICH HE FELT MIGHT BE
CONSTRUED TO MEAN THAT THE BOARD WILL NECESSARILY APPROVE ANY BUDGET
THE CLERK MIGHT DRAW UP.
AFTER SOME DISCUSSION, ATTORNEY SMITH SUGGESTED THAT THE WORDS
PACT UPON" BE SUBSTITUTED FOR THE WORD "APPROVE," AND IT WAS AGREED THIS
WOULD BE BETTER.
NOV 161977'
28
aY�
I
I
THE CHAIRMAN FURTHER NOTED THAT THE PROPOSED RESOLUTION DOES
NOT REFER TO THE DATA PROCESSING DEPARTMENT AND FELT IT WILL BE NECESSARY
TO HAVE SOME DISCUSSION WITH THE CLERK ABOUT THIS AND PERHAPS A SEPARATE
AGREEMENT.
ATTORNEY SMITH STATED THAT THERE IS NOW A DECISION OF THE
SUPREME COURT WHICH SPELLS OUT WHAT IS THE CLERKS FUNCTION AND WHAT IS
THE BOARDS FUNCTION AND HOW MUCH ONE CAN INFLUENCE THE OTHER. HE SUG-
GESTED THAT THE BOARD DEAL WITH THE CLERK BECOMING A BUDGET OFFICER AT
-TPIIO:v TIME AND THEN WHEN OTHER MATTERS ARISE, TRY TO REACH A MUTUAL
UNDERSTANDING ABOUT THEM,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCtiMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 77-114, AS
AMENDED BY SUBSTITUTING ItACTUPON' FOR "APPROVE" IN THE FOURTH PARAGRAPH.
29'
NOV 161977
Box 32 fu
.WHEREAS, The Board of County Commissioners of Indian. River
County, Florida, and the Clerk of the Circuit Court of Indian
River County, Florida, desire to enter into an Agreement as
provided by Florida Statute 145.022 (1975); and
WHEREAS, an interpretation of Chapter 145 has been made by
the Attorney General, State of Florida (A110 161-151 dated September
25, 1961); and
WHEREAS, the Clerk will turn over to the Board of County
Commissioners without exception all fees and commissions earned
in offices under her jurisdiction; and
WHEREAS, the Board wi11 in turnact upon a Clerk's budget
establishing all reasonable and necessary expenses to be incurred
by the Clerk in the operation of.offices under her jurisdiction,
including the Clerk's salary as provided in Chapter 145, Florida
Statutes; and
WHEREAS, the Board shall distribute to the Clerk approved
budgeted funds in such monthly installments as shall be mutually
satisfactory to the parties.
WHEREAS, the Clerk agrees to supply any and all information
requested by the Board in the form requested by the Board, including
all budgetary information and periodic reports as may be requested;
and
WHEREAS, all prior resolutions and agreements between the
Clerk and the Board of County Commissioners based on Florida
Statute 145.022 shall be deemed to be superseded by this Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS and the CLERK OF THE CIRCUIT COURT OF INDIAN RIVER
.COUNTY, FLORIDA, That:
1. Ail prior Resolutions between the Clerk and the
Board involving Florida Statute 145.022 are superseded by this
Resolution.
NOV 161977,• . ' Boa 2 Pvf
2. The Clerk has prepared and submitted to the Board a
i
• budget for the office of the Clerk and the Board has approved
that budget for the budget year 1977-78. '
i_ 3. The Board hereby guarantees and appropriates a salary
L►
to the Clerk in an amount now specified by law as is set forth
in the approved budget.
4. The Clerk will turn over to the Board all fees
collected by her office.
S. The Board will pay to the Clerk all budget approved,
reasonable and necessary expenses incurred by the Clerk in per-
forming the duties of that office.
6. The Board will pay the funds to the Clerk in monthly
installments.
7. The Clerk will perform all of. the duties of the office
of Clerk of the Circuit Court of Indian River County, Florida,
prescribed by the Constitution and Laws of the State of Florida,
which duties presently include Clerk of the Court, Clerk of the
Board of County Commissioners, Auditor, Recorder and Custodian
of all county funds. In the performance of these duties, the
Clerk will furnish to the Board of County Commissioners all
information requested in the form requested by the Board.
•8. All expenditures by the Clerk shall be for budgeted
Items and no transfers or change in budgeted items shall be made
without the prior approval of•the Board.
9. The Clerk shall keep two separate sets of books of
accounts, one for the functions of the Board and another for all
other functions of the office of the Clerk.
10. This Resolution shall terminate on the expiration of
the budget year 1977-78. However, if the Clerk submits a budget
to the Board and requests a guaranteed a.nd appropriated salary
and agrees to turn over all fees collected by the Clerk to the
Board, the Board may, with the concurrence of the Clerk, continue
the terms of this Resolution for another budget year.
o
-2-
NOV 161977 , ' Boa 32 f,,tv a
r
I r
•
_ This Resolution shall become effective as of the 16th
day of November 1977.1
}
i
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By/
William C. Wodtke, JrAf
Chairman
Attest.
Freda Wright, C1 k
I CONCUR. F
Freda Wright,
Clerk of the Circuit Court
o •
.w
NOV 16 197.7 "
BODS( J4 F, v
r
COUNTY CONSULTING ENGINEER JAMES BEINDORF CAME BEFORE THE
BOARD TO
REPORT ON THE CONTRACTS FOR THE GIFFORD WATER PROJECT. HE
NOTED THAT IT IS REQUIRED THAT 10% OF THE EDA GRANT MONEY BE AWARDED
TO MINORITY SUBCONTRACTORS. THE TWO PROPOSED MINORITY CONTRACTORS ARE
MINORITY SYSTEMS, INC., A PLUMBING CONTRACTOR, WHO WOULD WORK ON THE
F
PUMPING STATION, AND MACK ADAMS CONSTRUCTION CO., A PAINTING CONTRACTOR,
WHO WOULD PAINT THE WATER TANK. MR. BEINDORF STATED THAT HE AND INTER-
. F
GOVERNMENTAL COORDINATOR THOMAS HAVE DONE EXTENSIVE CHECKING IN ORDER j
JO BE ASSURED THAT THESE FIRMS ARE APPROVED MINORITY CONTRACTORS AND
BELIEVE THAT THESE FIRMS,WILL BE WITHIN THE EDA LIMITS. HE, THEREFORE,
RECOMMENDED THAT THE BOARD NOW SIGN THE CONTRACTS AS AWARDED AT THE
MEETING OF NOVEMBER 2ND.
CHAIRMAN WODTKE ASKED ABOUT THE FEDERAL WAGE RATES, AND 000RDI-
NATOR THOMAS STATED THAT THESE ARE INCLUDED IN THE CONTRACTS.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SCHMiUCKER, THE BOARD UNANIMOUSLY ACCEPTED THE CONTRACT WITH PDM HYDRO
STORAGE, INC., FRANKLIN, TENNESSEE, FOR THE ELEVATED STORAGE TANK FOR
THE GIFFORD WATER PROJECT, IN THE AMOUNT OF $336,500.00 AND AUTHORIZED
THE SIGNATURE OF THE CHAIRMAN.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ACCEPTED THE CONTRACT WITH WIDELL ASSOCIATES,
INC., FT. LAUDERDALE, FLA., FOR THE PUMP STATION AND TRANSMISSION MAIN
FOR THE GIFFORD WATER PROJECT, IN THE AMOUNT OF $228,260.00, AND AUTHOR-
IZED THE CHAIRMAN'S SIGNATURE.
THESE CONTRACTS ARE ON FILE IN THE OFFICE OF THE ADMINISTRATOR.
ENGINEER BEINDORF NEXT DISCUSSED WITH THE BOARD PHASE II OF
THE GIFFORD WATER PROJECT, AND CHAIRMAN WODTKE NOTED THAT THE ENGINEER
NEEDS AUTHORIZATION FROM THE COMMISSION TO NEGOTIATE WITH THE CITY
OFFICIALLY ON THE SEWAGE ASPECT AND DEVELOP SOME COST ESTIMATES AND
ENGINEERING PLANS.
ENGINEER BEINDORF EXPLAINED THAT THIS WOULD BE FOR SERVICING
THE AREA WITHIN THE GIFFORD COMMUNITY AS WELL AS COMPLETING THE NECESSARY
-. PLANS AND SPECIFICATIONS FOR UPGRADING THE OLD UDU LINE. HE NOTED THAT
THEY NEED TO START PUTTING TOGETHER PLANS AS TO WHERE WE CAN TIE INTO
THE CITY SYSTEM.
NOV 16 1977 .
L_
33
B00 32 ;
e. ... ._ ..... � .. �. _ .. _.._ .._ ........... sit... » ..a ..r. _. . _..... _.... «.. , , . - _. ...,. ,
y
ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ENGINEER TO NEGOTIATE
WITH THE CITY OF VERO BEACH FOR SEWAGE DISPOSAL IN REGARD TO THE GIFFORD
WATER PROJECT AND START ENGINEERING DRAWINGS FOR THE EXPANSION OF THE
WATER SYSTEM,
CHAIRMAN WODTKE STATED THAT HE WOULD LIKE TO SET UP AN ADVISORY
COMMITTEE IN THE GIFFORD AREA TO ASSIST THE COUNTY IN DETERMINING AREAS
OF EXPANSION FOR THE WATER SYSTEM,
IN DISCUSSION, THE BOARD FELT WE SHOULD LINE UP THE PEOPLE AND
THEN SET UP THE COMMITTEE BY RESOLUTION. IT WAS SUGGESTED THAT THE
AFRO-AMERICAN COUNCIL OF CHURCHES, THE GIFFORD .JAYCEES, THE GIFFORD
CIVIC PROGRESSIVE LEAGUE, THE N.A.A.C.P., AND OFFICIALS OF U.D.U. BE
CONTACTED IN THIS REGARD.
ADMINISTRATOR .JENNINGS REPORTED THAT HE HAD MET WITH GENE
MORRIS IN REGARD TO SOLVING THE PEDESTRIAN TRAFFIC PROBLEM THAT HAS
ARISEN CONCERNING THE PROPERTY OF MR. MORRIS IN BEL-PORTE PARK SUBDI-
VISION, WHICH MATTER WAS DISCUSSED AT THE NOVEMBER 2ND MEETING. HE IN-
FORMED THE BOARD THAT MR. MORRIS HAS AGREED TO GIVE A SUFFICIENT EASE-
MENT TO THE COUNTY ALONG THE CANAL RIGHT-OF-WAY TO BE USED SOLELY FOR
PEDESTRIAN TRAFFIC, IF THE COUNTY AND THE SCHOOL BOARD WILL PLACE A
FENCE BOTH ALONG THE SIDE OF THE EASEMENT NEXT TO THE CANAL AND ON THE
OTHER SIDE. THE ADMINISTRATOR CONTINUED THAT THE SCHOOL BOARD HAS
AGREED TO COOPERATE WITH THE COUNTY TO SOLVE THIS PROBLEM, AND THEY WILL
PUT A FENCE ON ONE SIDE OF THE EASEMENT IF THE COUNTY WILL PUT A FENCE
ON THE OTHER SIDE.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AGREED TO COOPERATE WITH THE SCHOOL BOARD IN
REGARD TO FENCING THE EASEMENT ALONG THE PROPERTY OF GENE MORRIS IN
BEL-PORTE PARK SUBDIVISION.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAD AN
EMERGENCY ITEM IN REGARD TO REPLACING AN AIR CONDITIONER IN THE SHERI.FF'S
OFFICE.
NOV 161977'
"
34
gook 32 A
} ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AGREED TO PLACE ON TODAY'S AGENDA THE
EMERGENCY ITEM REQUESTED BY THE ADMINISTRATOR.
• w ADMINISTRATOR JENNINGS REPORTED THAT THE AIR CONDITIONING UNIT
j IN THE SHERIFF'S OFFICE HAS GONE OUT ENTIRELY AND WILL HAVE TO BE RE-
PLACED. HE NOTED THAT IT IS A LARGE UNIT AND WILL HAVE TO BE LIFTED
UP THERE WITH A CRANE. THE ADMINISTRATOR STATED THAT HE HAS BEEN ABLE
TO OBTAIN ONLY ONE PROPOSAL ON SUCH A UNIT, AND THAT IS FROM TRIMM
/
HEATING & AIR CONDITIONING FOR $894.00. THE UNIT DOES HAVE HEAT STRIPS.
HE FELT THIS WILL HAVE TO BE CHARGED TO COURTHOUSE MAINTENANCE.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
•
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO ACCEPT THE
PROPOSAL OF TRIMM HEATING & AIR CONDITIONING OF $894.00 TO REPLACE THE
AIR CONDITIONING UNIT IN THE SHERIFF'S OFFICE,
COMMISSIONER SCHMUCKER INFORMED THE BOARD THAT HE HAS RECEIVED
A LETTER FROM HABAKKUK WHITFIELD OF THE WABASSO PROGRESSIVE CIVIC CENTER
• STATING THAT ALBERT SNYDER HAS BEEN SELECTED TO DO ALL THE ORDERING AND
PURCHASING OF ITEMS FOR THE CONSTRUCTION OF A RESTROOM FACILITY IN
WABASSO PARK WITH FUNDS FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT.
COMMISSIONER SCHMUCKER STATED THAT MR. SNYDER IS A CETA EMPLOYEE OF THE
WABASSO CIVIC CENTER AND AS A PURCHASING AGENT, WILL HAVE A DETAILED
PROCEDURE THAT HE HAS TO FOLLOW TO GET APPROVAL OF MATERIALS AS THEY
• ARE PURCHASED.
THE BOARD HAD NO OBJECTION TO ALBERT SNYDER HANDLING THE PUR-
CHASING OF MATERIALS FOR THE RESTROOM FACILITY IN WABASSO PARK AS SET
OUT ABOVE AND IN THE FOLLOWING LETTER:
November 14, 1977
TO THE BOARD OF COUNTY COra1ISSIONERS%
This is a_letter stating that Albert Snyder, Project Director of the
Wabasso Progressive Civic Center, has been selected to do all of the
ordering and purchasing for which the money has been granted to by the
Community Development Block Grant Committee.
If there is any change in this selection, there will be a letter in
• writing, stating Who the new designater will be.
Habakkuk Whitfield,, President
35
Bom 32 PA F
' NOV 161977
i
r
I
COMMISSIONER SCHMUCKER NEXT INFORMED THE BOARD THAT HE WOULD
F
LIKE TO PROCEED TO CONDUCT INTERVIEWS TO HIRE A PROJECT DIRECTOR TO
HANDLE THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. HE FELT WE NEED
SOMEONE EXPERIENCED TO HANDLE THIS PROGRAM AND KEEP UP WITH THE PAPER-
. �
WORK. HE NOTED THAT THIS WOULD BE PAYABLE OUT OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS.
THE BOARD AGREED THAT THIS IS NEEDED AND FELT SUCH A PERSON
SHOULD BE UNDER THE CONTROL OF THE ADVISORY COMMITTEE. DISCUSSION
FOLLOWED ON WHETHER THIS PERSON WOULD BE A COUNTY EMPLOYEE AND RECEIVE
ALL FRINGE BENEFITS. IT WAS FELT THAT HE WILL, BUT THE GRANT -FUNDS WILL
COVER ALL THESE EXPENSES.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY AUTHORIZED COMMISSIONER SCHMUCKER TO CONDUCT
••INTERVIEWS FOR HIRING A PROJECT DIRECTOR FOR THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY AUTHORIZED OUT -OF -COUNTY TRAVEL FOR THE
ADMINISTRATOR TO TRAVEL TO OSCEOLA COUNTY TO OBSERVE THEIR PROGRESS
UNDER THEIR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY APPROVED LEASE AGREEMENT WITH THE DEPARTMENT
OF TRANSPORTATION IN REGARD TO THE WAYSIDE PARK ON STATE ROAD 5 AND
AUTHORIZED THE SIGNATURE OF THE CHAIRMAN.
36
I
NOV 161977 BOOK 32. PA�g
N
I .
FILED FCR R11000
• _., t, r:,
PACE: COUNTY: Indian River
� SECTION: 88010-2110
{ 1911 {JOY 17 AN 10: 43 STATE ROAD: 5
PARCEL NO: Part Parcel No. 219
I " IT
VT C
iP,; �r t,►, : °.•�'; LEASE AGREEMENT
THIS AGREEMENT, made this 20th day of September ,
19 77 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION,
hereinafter called the Lessor and INDIAN RIVER COUNTY, FLORIDA, herein-
after called the Lessee.
W I T N E S S E T H
WHEREAS, the Lessee is prepared to assume from the Lessor full
responsibility for operation and maintenance of the hereinafter
described Lessor property for -park purposes, to the advantage of both
parties and the public.
NOW, THEREFORE, in consideration of the premises the parties
agree as follows:
1. The Lessor does hereby lease to the Lessee the property
described in Exhibit "A", attached hereto and made a part hereof, for
a period of 15 years or until such time as this Agreement is terminated
in accordance with the provisions herein.
2. The Lessee shall use the property exclusively for park
purposes and if at any time such use should cease, this Agreement shall
terminate upon formal notice in writing from the Lessor to the Lessee
of such termination. The obligations of the Lessee under this Agreement
Shall continue in effect until the date specified in said termination
notice.
3. The Lessee shall obtain Lessor's approval prior to
constructing or placing any improvement on the leased land. Upon
termination of this Lease for any reason all improvements placed upon
the premises by the Lessee shall be removed and the property restored
as nearly as practical to its present condition at no cost to the Lessor.
4. The Lessee shall indemnify, defend save and hold harmless
the Lessor from any damages, claims, demands, suits and liabilities of
any nature arising out of, because of, or due to any accident, happening
or occurrence on the leased property.
°0055gpg2 I bb
NOV i f)1977 . BOOK.37
j EXHIBIT "A"
" . • . _ _ ; X47; .
PARCEL NO. 219 -PART ' . '. SECTION 88010-2110
That part of the Pel 1/4 of the N14 1/4 and that part of Government Lot 2, in
Section 25, Township 30 South, Range 38 East, Indian River County, Florida;
said part being more particularly described as follows:
BEGIN -at the Northeast Corner of the Northwest 1/4 of the Northwest 1/4 of
said Section 25; thence N 89°54'39" W along the North line of said Section 25
a distance of 25.47 feet; thence S 15°15'59" E along a line 30 feet Easterly
of and parallel with the Baseline of Survey for State Road 5 a distance of
• 221.68 feet to the beginning of a curve concave Northeasterly; thence run '
'Southeasterly along said curve having a radius of 54 feet, having a central
angle of 82009'.46" an arc distance of 77.44 feet to a point of -reverse
curvature; thence Southeasterly along said reverse curve having a radius of
298.61 feet, through a central angle of 25°03'52" an arc distance of 130.80
• feet to the END of said curve; thence N 29°19'01" E a distance of 22.33 feet
to a'point on a curve concave Northeasterly; having a tangent bearing of
;N 55'23'46" W.through said point; thence Northwesterly along said curve
having a radius of 786.02 feet, having a central angle of 24°35'32" an arc
distance.of 337.37 feet to a point on the forth line of said Section 25 and
the North line of said Government Lot 2; thence N 89054'39" 41 along said
Worth -line a distance of 3.46 feet to the POINT OF BEGINNING.
Containing 24,273.40 square feet or 0.557 of an acre, more or less.
All as shown on the Right -of -Way Map for S.R. 5, Section 88010-2110, Indian
River County, Florida.
f
1&0 5 5 q FAUE 21 41
NOV 101977: PA."E
r
any portion of the leased property and in no event shall permit any
commercial use. The term "commercial use" as here employed
specifically includes advertising signs.
6. If the Lessor at any time shall have need for any
part of the leased property for transportation purposes, Lessor may
terminate this Lease as to such part on 60 days notice to the Lessee.
Upon notice of termination, Lessee shall immediately remove at the
Lessee's expense any improvements placed by.the Lessee within the
area needed for transportation purposes and shall restore the land to
its original condition. i
IN WITNESS 11HEREOF, the parties hereto have caused these }
presents to be executed, the day and year first above written. f
STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
• SIY, �.
.
BY:
irec Administration
ATTEST: (SEAL':
'Executive cretary
INDIAN RIVER COUNTY, FLORIDA
c: f cu -no V
BY: Ca4,4t W04
r AvQTi�.. a 1
Chairman
,,Aj4�p1RTAr1Jt4/ TITLE:
•over s
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zY:_ ATTEST: r (SEAL)
--�,
TITLE • C'1er.k-. `
,
NOV 161977
••4
A55gME2148 '
eoa 32 PAGE 39
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ATTORNEY COLLINS NOTED THAT THE COUNTY HAS RECEIVED SOME
INDICATION FROM CIBA-GEIGY CORPORATION THAT IF' THE COUNTY WERE INTER-
ESTED IN ASSUMING RESPONSIBILITY FOR A 40 -ACRE TRACT IN THE HOBART
PARK AREA, THEY MIGHT CONVEY IT TO THE COUNTY GIVEN CERTAIN ASSURANCES.
HE INFORMED THE BOARD THAT HE HAS PREPARED A RESOLUTION SETTING OUT
THE COUNTY'S INTENT IN THIS REGARD TO BE PASSED ON TO CIBA-GEIGY TO
GETrREIR REACTION.
ON MOTION BY COMMISSIONER SIEBERT,-SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 77-II5.
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NOV 161977: - Bou 32 � :7
RESOLUTION NO. 77- 115
WHEREAS, Indian River County is interested in expanding
_•its parks and recreational land holdings; and
-WHEREAS, the CIBA-GEIGY CORPORATION has indicated a
willingness to convey certain lands describedscribed as:
•
:•-'"The Northwest one-quarter of the Southwest one-quarter,
less the West 40 feet for road right of way purposes,
Section 4, Township 32 South, Range 39 East; said lands
--lying and being within Indian River County, Florida
. and
WHEREAS, the Board of County Commissioners of.Indian River
County, Florida is willing to accept a conveyance of the
• above described lands under the condition that the lands
remain in a natural state, that they be used for park and
recreational purposes, and that the conveying document contains
a reverter clause effectuating a reverter of the property to
the CIBA-GEIGY CORPORATION in the event the lands were not used
for park and recreational purposes; and
• WHEREAS, Indian River County, in the future, may have a
need to establish well fields on.the property and CIBA-GEIGY
CORPORATION recognizes that the establishment of a well field
and distribution lines would not be a violation of the above -
stated reverter clause;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That in the
event the CIBA-GEIGY CORPORATION were willing to transfer the
Northwest one-quarter of the Southwest one-quarter
less the West 40 feet for road right of way purposes,
Section 4, Township 32 South, Range 39 East; said lands
lying and being in Indian River County, Florida
that the Board would accept said conveyance, subject to the
restrictions as established in the Whereas Clauses above.
This Resolution shall become effective as of the 16th
day of November, 1977.
ATTEST: aLAI,_Mt'1444L
Clerk
NOV 16 1977
BOARD OF COUNTY COMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By,
a
i i.ara . 1•;o e, Jr. lairman
BODK 3?PA-F 41
Ii
ATTORNEY COLLINS REPORTED THAT THE COUNTY HAS BEEN SUED BY
THE OWNERS OF MCKEE'S JUNGLE GARDENS ON A ZONING MATTER, AND HE HAS
FILED A MOTION TO DISMISS, WHICH HE FEELS WILL BE UPHELD.
ATTORNEY COLLINS INFORMED THE BOARD THAT THE VALIDATION SUIT
FOR THE LANDFILL BOND ISSUE IS FILED FOR DECEMBER 6TH.
ATTORNEY COLLINS NOTED THAT HE NEEDS AUTHORIZATION NOW TO
ADVERTISE A RATE ORDINANCE IN CONNECTION WITH THE NEW LANDFILL OR IT
WON `T BE IN EFFECT FOR THE FIRST OF THE YEAR.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE A PUBLIC
HEARING ON A RATE ORDINANCE IN CONNECTION WITH THE LANDFILL.
COMMISSIONER SIEBERT REPORTED TO THE BOARD THAT HE HAS RECEIVED
A COPY OF A DRAFT SETTING OUT THE GOALS, ETC., OF THE COASTAL ZONE
MANAGEMENT ADVISORY COMMITTEE OF THE TREASURE COAST REGIONAL PLANNING
COUNCIL, WHICH IS TO BE VOTED ON AND ADOPTED AT THE NEXT MEETING OF THE
PLANNING COUNCIL. HE STATED THAT THIS DRAFT DIFFERS FROM THE OPINIONS
OF OUR OWN ADVISORY COMMITTEE MEMBERS TO THE EXTENT THAT THROUGHOUT
THIS DRAFT WHERE OUR COMMITTEE HAS "SHOULD," THE DRAFT SAYS "SHALL,"
AND IT, IN ADDITION, DELETES THE SECTION ON PROPERTY RIGHTS. HE FELT
THAT THIS IS A VERY DANGEROUS DOCUMENT AND NOTED THAT IT SAYS EXISTING
AGRICULTURAL USES SHALL BE MAINTAINED IN THESE AREAS, I.E., IDLE OR
UNUSED AGRICULTURAL LAND SHOULD BE RESERVED FOR AGRICULTURAL PURPOSES
AND CANNOT BE USED FOR ANYTHING ELSE. COMMISSIONER SIEBERT FELT THE
ADVISORY COMMITTEE NO LONGER FEELS IT IS AN ADVISORY COMMITTEE AND IS
TRYING TO ESTABLISH REGULATIONS. HE CONTINUED THAT WHEN HE EXPRESSED
THE CONCERNS OF OUR OWN COMMITTEE, HE RECEIVED MUCH CRITICISM ON THE
LACK OF PARTICIPATION FROM OUR MEMBERS. COMMISSIONER SIEBERT SUGGESTED
THAT WE ENCOURAGE EVERY ONE OF THE MEMBERS TO ATTEND THE HEARING ON
NOVEMBER 30TH AND VOTE, HE SUGGESTED THAT THE CHAIRMAN BE AUTHORIZED
TO REPLACE ANY MEMBER OF THE COAST ZONE MANAGEMENT ADVISORY COMMITTEE
WHO CANNOT ATTEND AND THAT WRITTEN WORD BE OBTAINED FROM HUGH RUSSELL,
CHAIRMAN OF OUR LOCAL COMMITTEE, AS HE STILL WILL BE OUT OF TOWN ON
NOVEMBER 30TH.
NOV 1 61977
El
42
El
11
ON LOTION BY COMMISSIONER SIEBERT, SECONDED BY. COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO REPLACE ANY COASTAL
ZONE MANAGEMENT ADVISORY COMMITTEE MEMBER UNABLE TO ATTEND THE NOVEM-
BER 30TH REGIONAL PLANNING COUNCIL HEARING.
COMMISSIONER LOY DISCUSSED THE POSSIBILITY OF LOWERING THE
SPEED LIMIT FROM 45 M.P.H. TO 35 M.P.H. ON 43RD AVENUE FROM ROUTE 60
TO WALKER AVENUE. SHE NOTED THAT A NUMBER OF PEOPLE LIVE IN THIS AREA
AND HAVE DRIVEWAYS THAT COME RIGHT OUT ON THE HIGHWAY. SHE ALSO NOTED
THAT THIS ROAD IS HALF IN THE CITY AND HALF IN THE COUNTY.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO CHECK
WITH THE CITY OF VERO BEACH IN REGARD TO LOWERING THE SPEED LIMIT ON
43RD AVENUE FROM ROUTE 60 TO WALKER AVENUE FROM 45 M.P.H. TO 35 M.P.H.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO SECURE
COMPLETE.INFORMATION ABOUT ANY REQUESTED CHANGES WITHIN THE OFFICES
IN THE COURTHOUSE COMPLEX BEFORE THESE REQUESTS ARE PLACED ON THE
AGENDA.
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.
56522 — 56660 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN
THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED
FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK
AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH
RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES.
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND
CARRIED, THE BOARD ADJOURNED AT 5:20 O'CLOCK P.M.
ATTEST:
CLERK CHAIRMAN
43 i
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NOV 16 197.7 - ' � oa f 3