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HomeMy WebLinkAbout2/8/1978WEDNESDAY, FEBRUARY 8, 1978 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, FEBRUARY 8, 1978, 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; BAILIFF DAN FLEISHMAN; AND VIRGINIA HARGREAVES, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER SCHMUCKER LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND DEL COPELAND OF FIRST UNITED METHODIST CHURCH GAVE THE INVOCATION. THE CHAIRMAN REQUESTED A MOMENT OF SILENT PRAYER FOR THE LATE COUNTY PLANNER, VAL BRENNAN, AND ALSO FOR W. F. COX, LONG TIME RESIDENT OF THE COUNTY AND MEMBER OF THE WINTER BEACH CEMETERY ASSOCIATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF JANUARY 4, 1978. CHAIRMAN WODTKE DISCUSSED THE INCUMBENCY CERTIFICATE ON PAGE 22, NOTING THAT HIS TERM OF OFFICE ACTUALLY ENDS IN NOVEMBER OF 1978, AND THE INCUMBENCY CERTIFICATE SHOWS HIS TERM OF OFFICE AS CHAIR- MAN ENDING ON JANUARY 10, 1979. ATTORNEY COLLINS DID NOT FEEL THIS PRESENTED ANY PROBLEM, AND COMMISSIONER SIEBERT POINTED OUT THAT THE CHAIRMAN'S TERM OF OFFICE IS CORRECTLY SHOWN IN ONE PLACE AS ENDING NOVEMBER 21, 1978, AND THAT HIS TERM OF OFFICE AS CHAIRMAN ACTUALLY WOULD EXTEND TO JANUARY 10, 1979. COMMISSIONER DEESON NOTED THAT ON PAGE 5, 4TH PARAGRAPH, IT MERELY SAYS "CHAIRMAN WODTKE STATED THAT COMMISSIONER DEESON HAS INDI- CATED THAT HE WOULD BE WILLING TO SERVE ON THE CITY OF VERO BEACH RECREATION COMMISSION IN COMMISSIONER SIEBERT'S PLACE." HE ASKED IF FEB 8 1978 r b Mak `� �i l �I THIS MAKES IT OFFICIAL. 41 4 CHAIRMAN WODTKE FELT THAT WAS THE INTENT, AND IT WAS AGREED TO CLARIFY THIS BY ADDING THE PHRASE, "AND THE CHAIRMAN THEREUPON DULY APPOINTED COMMISSIONER DEESON TO DO SO." COMMISSIONER.LOY REQUESTED THAT ON PAGE 10, 3RD PARAGRAPH, THE PHRASE "THIS IS A NON—COMMERCIAL NURSERY" BE CHANGED TO READ, "THIS WAS A NON—COMMERCIAL NURSERY." THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF JANUARY 4, 1978, AS WRITTEN. a THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF JANUARY 18, 1078. COMMISSIONER DEESON REQUESTED THAT ON PAGE 9, LAST PARAGRAPH, "CHAIRMAN" BE CHANGED TO READ "COMMISSIONER," AND THAT ON PAGE 20, 2ND PARAGRAPH It WONDERED OF" BE CORRECTED TO READ "WONDERED IF." THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF JANUARY 18, 1978, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF JANUARY 23, 1978. ATTORNEY COLLINS NOTED THAT IN REGARD TO BORROWING MONEY TO PAY FOR THE GIFFORD WATER AND SEWER PROJECT PRIOR TO RECEIPT OF EDA FUNDS, THE COUNTY PROVIDED TWO TYPES OF SECURITY — ONE WAS BOND ANTICI— PATION NOTES AND THE OTHER A PLEDGE BY THE COUNTY FOR SURPLUS FUNDS TO PAY OFF THE NOTES. HE REQUESTED THAT THE MOTION ON PAGE 45, AUTHORIZING THE ADOPTION OF RESOLUTION N0. 78-8 BE CORRECTED TO READ "...THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 78-8 AUTHORIZING.THE COUNTY TO BORROW $100,000 PURSUANT TO THE AUTHORIZATION OF RESOLUTION NOS, 78-7 AND 78-8 AND AUTHORIZED THE CHAIRMAN TO SIGN ALL SUPPLEMENTARY LEGAL DOCUMENTATION NECESSARY TO IMPLEMENT THE'LOAN." ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED. THE CORRECTION' TO THE MINUTES L, 4 p �01 GE 33419 OF THE SPECIAL MEETING OF JANUARY 23, 1978, AS OUTLINED BY THE ATTORNEY. THIS CORRECTION HAVING BEEN MADE, ON MOTION BY COMMISSIONER SOY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF JANUARY 23, 1978, AS WRITTEN. COMMISSIONER SIEBERT DISCUSSED THE SPEED LIMITS ON 6TH AVENUE THROUGH ROCKRIDGE SUBDIVISION, WHICH VARY FROM 25 M.P.H. TO 35 M.P.H. TO 45 M.P.H. IT WAS AGREED THE SIGNS ARE VERY CONFUSING. CHAIRMAN WODTKE INSTRUCTED ADMINISTRATOR JENNINGS TO HAVE A REVIEW MADE OF THE SPEED LIMIT SIGNS ON 6TH AVENUE SOUTH OF THE CITY LIMITS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM OF THE FOLLOWING: ROBERT LEE BROOKS �ARMOND P. FELTHOUSEN, II ILLIAP ENSHAW GRAVES, IV ARRY t1, tiOWLAND ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SOY, THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM OF JOHN W. MURPHY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SOY, THE BOARD UNANIMOUSLY GRANTED RETROACTIVE APPROVAL OF ADMISSION OF SAM WILLIAMS TO A. G. HOLLEY STATE HOSPITAL. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SOY, THE BOARD UNANIMOUSLY APPROVED ISSUANCE OF DUPLICATE TAX SALE CER- TIFICATE (d0. 182 TO W. A. CARL BOWYER. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SOY, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR JUDITH WAKEFIELD, COUNTY EXTENSION DIRECTOR, AND PETE SPYKE, AGRICULTURAL SPECIALIST, AS FOLLOWS; 3 FEB. .81978 33 PAGE 413 .JUDITH WAKEFIELD: January 31 Orlando Planning meeting for area 4-H (evening mtg.) Horse Show. February 10-12 Astor Park District 4-H Teen Leadership Re - (leaving in treat. Seventeen 4 -Hers from this afternoon Feb.10 county will be attending the Re - for weekend) treat at a 4-H Camp to receive training in leadership skills, re- cord keeping and leading recreation. February 25 Orlando Central Florida Fair (4-H Day). (Saturday) Transperting 4 -Hers to 4-H Day activities. Feb.27(afternoon) -March 2 Gainesville Training for Agents and Program (on Florida Assistants in Consumer Education A & M Univer- Program for low income families. sity travel The proposal I submitted to Florida funds. I A & M University for funding the will drive hiring of two program assistants my own car.) was approved. Two program assistants from this county have been selected. They will begin working the week of the training. The training the two aids and I will receive will cover the subject matter they'll teach and the workings of the program. March 3-4 Tallahassee (Friday and Florida Home Economics Association Saturday) Convention and Florida Association Extension Home Economics Agents spring meeting, Arrangements will be made for the Program assistants'transportation back from Gainesville so I can go on to Tallahassee from Gainesville. The convention lasts through Saturday evening, but I will be returning home Saturday afternoon. This convention and spring associa- tion meeting are usually held in May but for some reason have been moved up. PETE SPYKE: FEB, 13-16 GAINESVILLE PLANT SCIENCE IN-SERVICE TRAINING (ON STATE FUNDS), ANNUAL IN-SERVICE TRAINING FOR EXTENSION AGENTS IN FRUIT CROPS, VEGETABLE CROPS, AGRONOMY AND/OR ORNA- MENTAL HORTICULTURE. 4 FEB 8 1978 .33 • a ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS TAYROLLS, CIRCUIT COURT, FALL TERM, 1977, IN THE AMOUNTS OF $72.92 AND $15.24. THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK; WELFARE DEPARTMENT, MONTHLY REPORT, DECEMBER, 1977 REPORT OF CONVICTIONS, CIRCUIT COURT, JANUARY, 1978 CHAIRMAN WODTKE ANNOUNCED THAT ATTORNEY COBB IS HERE REPRE- SENTING ATTORNEY SULLIVAN IN REGARD TO THE WASHBURN AND CRUZE ZONING VIOLATION MATTER, AND HAS REQUESTED, THAT THIS MATTER BE CONTINUED UlgTIL THE NEXT MEETING BECAUSE ATTORNEY SULLIVAN IS OUT OF TOWN AT A FEDERAL TRIAL. THE CHAIRMAN NOTED ATTORNEY COBB HAS STATED THAT ATTORNEY O'NEILL IS AMENABLE TO A CONTINUATION. ATTORNEY COLLINS INFORMED ATTORNEY COBB THAT THE BOARD HAS RECEIVED COPY OF A LETTER WRITTEN BY ATTORNEY O'NEILL TO ATTORNEY SULLIVAN WHICH IS QUITE SPECIFIC ABOUT THE CONTINUING VIOLATIONS. HE NOTED THAT THE BOARD SHOULD NOT HAVE TO GET INTO A DISCUSSION ABOUT WHETHER THE VIOLATIONS ARE EXISTING, AND HE HOPED THE MATTER COULD BE NARROWED DOWN SO THE BOARD COULD ACT ON IT QUICKLY. ATTORNEY COBB STATED THAT ATTORNEYS SULLIVAN AND O'NEILL HAVE MET TO DISCUSS THIS MATTER, AND HE FEELS IT WILL TAKE THE ADMINIS- TRATOR AND THE ZONING DIRECTOR TO SETTLE WHETHER THESE VIOLATIONS ACTUALLY DO EXIST AS HE BELIEVES THEY ARE STILL IN CONFLICT IN THIS REGARD. COMMISSIONER SIEBERT NOTED THAT THE BOARD'S FINDINGS WERE VERY SPECIFIC AT THE LAST MEETING AND INDICATED THAT THERE WERE VIOLA- TIONS. HE INFORMED ATTORNEY COBB THAT HE VISITED THE PROPERTY YESTERDAY AND FEELS THE VIOLATIONS STILL EXIST. ATTORNEY COBB INFORMED THE BOARD THAT HE IS NOT FAMILIAR WITH THIS MATTER AND IS JUST REQUESTING THAT IT BE CONTINUED TO THE NEXT MEETING. IN ANSWER TO COMMISSIONER LOY'S QUERY, ATTORNEY COBB STATED THAT HE DID.CONTACT ATTORNEY O'NEILL YESTERDAY AFTERNOON ABOUT RE- SCHEDULING THIS MATTER TO THE NEXT MEETING. 5 FEB 819-78 mox 33 mw 415 J EULA.MORRIS OF THE DEPARTMENT OF COMMUNITY AFFAIRS, MIGRANT LABOR PROGRAM, INTRODUCED HERSELF TO THE BOARD AND INFORMED THEM THAT HER MAIN JOB IS TO GET OUT AMONG THE MIGRANTS AND FARM WORKERS IN OSCEOLA AND INDIAN RIVER COUNTIES AND DO WHATEVER SHE CAN TO ASSIST THEM. SHE CONTINUED THAT SHE IS IN INDIAN RIVER COUNTY ON WEDNESDAYS AND THURSDAYS AND CAN BE REACHED THROUGH THE E.O.C. OFFICE IN GIFFORD. MS. MORRIS EXPLAINED THAT THIS PROGRAM IS NOT FUNDED AND IS REALLY JUST A REFERRAL SYSTEM IN WHICH THEY TRY TO MAKE THE MIGRANTS AWARE OF THE APPROPRIATE AGENCIES TO CONTACT FOR HELP AS MANY OF THEM ARE UNAWARE OF THE SERVICES THAT ARE AVAILABLE. DISCUSSION ENSUED IN REGARD TO THE PROBLEMS INVOLVED WITH THE CLOSING OF LABOR CAMPS AND THE RESULTING DILEMMA FOR MIGRANT WORKERS. ADMINISTRATOR .JENNINGS TOOK MS. MORRIS TO MEET MR. REGAN, DIRECTOR OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. CHAIRMAN WODTKE ANNOUNCED THAT HE WILL NOT BE ABLE TO PRESENT RESOLUTION No. 78-5 TO FORMER CITY -COUNTY BUILDING DIRECTOR DON ADAMS TODAY AS MR. ADAMS IS OUT OF TOWN. RESOLUTION No. 78-5 IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF .JANUARY 4, 1978. 1.1 FEB_ .8 1978 tog ji f1w 410 00000 RESOLUTION a NO. 78-5 BOARD OF COUNTY C MMISRONERS a OF INDIAN RIVER COUNTY, FLORIDA a WHEREAS, on November 17, 1967 the City Council for the City COQ of Vero Beach and the Board of County Commissioners for Indian Rivets County, signed an Agreement forming the City -County Building Department; and • o, WHEREAS, on November 27, 1967, DONALD F. ADAMS was hired to head up the City -County -Building Department as its Director; and WHEREAS, for over ten years DONALD F. ADAMS served both the City of Vero Beach and Indian River County efficiently and effectively as the Director of the City -County Building Department _ and WHEREAS, some of the notable achievements attributable to the leadership of DONALD F. ADAMS are: 1. The adoption on May 27, 1974 of Indian River County Ordinance 74-11 whereby the Board of County Commissioners adopted the Southern Standard Housing Code, 1973 edition; 2. Passage by the Board of County Commissioners of Resolution No. 68-9 on February 1, 1968 adopting the Building,` Electrical and Plumbing Codes which regulate the constructiezLo alteration and repair of buildings in Indian River County; _ 3. The adoption on'March 23, 1976 of Indian River County o Ordinance 76-4 establishing the Minimum Standard Housing Code; 4. The untiring efforts of DONALD F. ADAMS to rid the City and County of dilapidated and hazardous structures; and WHEREAS, effective January 1, 1978, DONALD F. ADAMS submitted his resignation as the Director of the City -County Building c Department which resignation has been reluctantly accepted by both C the City and County governmental bodies; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board on behalf of itself and the citizens of Indian River County desire to thank DONALD F. ADAMS for his effective and dedicated service to Indian River County in the capacity of Director of the City -County Building Department; and BE IT FURTHER RESOLVED, that the Board extends its grateful appreciation for a job well done and wishes DONALD F. ADAMS ` a successful and rewarding future in whatever area of endeavor he may select to pursue. (Olt Chairman, County Commiss' iers FEB 8 1979 7 ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS, INFORMED THE BOARD THAT SHE CONTACTED THE SECRETARY OF STATE'S OFFICE IN TALLAHASSEE IN REGARD TO RECEIVING ONLY ONE ANSWER FOR THE REQUEST FOR BIDS ON USED VOTING MACHINES AND WAS ADVISED THAT SINCE ONLY ONE ANSWER WAS RECEIVED, IT CAN BE TAKEN FOR GRANTED THAT WE HAVE A SINGLE SOURCE AND WE MAY PROCEED ACCORDING TO SEC. 101.293 (1) (B) FLORIDA ELECTION LAWS, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO PROCEED ACCORDING TO SEC. 101,293 (1) (B) FLORIDA ELECTIONS LAWS. CHAIRMAN WODTKE THEREUPON OPENED AND READ THE SEALED BID RtCEIVED AT THE MEETING OF JANUARY 18, 1978, AS FOLLOWS: INTERNATIONAL ELECTION SYSTEMS CORP., BURLINGTON, N, J. 10 FACTORY RECONDITIONED MODEL 2.5 SHOUP VOTING MACHINES $700 EACH THE CHAIRMAN ASKED MRS. RICHEY TO REVIEW THE BID, WHICH SHE DID AND STATED IT MET SPECIFICATIONS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF INTERNATIONAL ELECTION SYSTEMS CORPORATION FOR 10 FACTORY RECONDITIONED MODEL 2.5 SHOUP VOTING MACHINES, AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $700,00 PER MACHINE, F.O,B, VERO BEACH. CHAIRMAN WODTKE WILL WRITE THE SECRETARY OF STATE IN TALLAHASSEE ADVISING HIM OF THIS ACTION. COPY OF BID AND WARRANTY IS HEREBY MADE A PART OF THE MINUTES, FEB197 KOK 33 FACE 418 t. INTERNATIONAL ELECTION SYSTEMS CORPORATION P.O. Box 1112, Columbus Road, Burlington, N.J. 08016, 609.387-4200 JanuaLy 3, 1978 Board of County Commissioners Indian River County 2145 14th Avenue Vero Beach, Florida 32960 Attention: Mr. Robert Donlon, Administrative Assistant Dear Mr. Donlon: In response to your letter, International Election Systems Corporation is pleased to submit the following quotation for ten factory reconditioned Ykxlel 2.5 voting machines: Factory Reconditioned Model 2.5 Shoup Voting Machines, $700-00 per machine, F.O.B. veno Beach, Florida The above ten Model 2.5 Shoup voting machines will be Series 40,000 to 43,000 and will be equipped with seven columns of vertical voting, 35 spaces down. Each machine will also be equipped for write-in voting. I also wish to emphasize that with the purchase of these ten factory reconditioned Model 2.5 Shoup voting machines, a five-year manufacturers warranty will be issued on parts and labor. This is the same warranty we provide with new machines. These machines will be available to meet Your delivery schedule, but since there is a limited number in this Series, I strongly recommend that You Place Your order as soon as possible so that delivery can be scheduled to meet your needs. International Election systems corporation is happy to be of service to you and I can assure you we are most receptive to your voting requireTmnts. Should you have any questions, require any additional inforrmtion, or should you wish to inspect any of these factory reconditioned machines, please do not hesitate to contact me. Very truly yours, _0 OR INTEIMTICNAL ELECr0N1;YSTR4S I -M0 AMON Arnold A. Leider Vice -President AAL. jr A -1—K-1viva INDUSTRIES COMPANY I tooK - 33 PAGE 4. 11.9 'A Date: 1 - - i A MACRODYNE INDUSTRIES COMPANY FEB 8 1978 CK FAGS �a`,� INTERNATIONALELECTION SYSTEMS CORPORATION - P.O. Box 1112, Columbus Road, Burlington,, N.J. 08016, 609-387.4200 L I M I TED . WARRANTY INTERNATIONAL ELECTION SYSTEMS CORPORATION i LIMITED 5 -YEAR WARRANTY International Election Systems Corporation (IES) j hereby warrants to the original purchaser that -its SHOUP } type mechanical voting machines shall be free from all - ---defects or imperfections in material, mechanism and ' workmanship under normal use and service, for a period of five (5) years, from the date of purchase, provided that the purchaser maintains and services the machines through the use of either factory trained technicians and/or factory authorized service technicians and that ' any and all service parts used shall be only genuine manufacturers replacement parts. During this 5 -year period, IES will, at its own expense, make all repairs or replacements that may be necessary to'cure any such defects and imperfections and will replace any machine that cannot be so repaired; provided, however, that the risk of fire, accident and careless or malicious handling is on the purchaser. Except as otherwise provided herein, IES makes no warranty, either expressed or implied, with respect to said machines. s INTERNATIONAL ELECTION SYSTEIMS CORPORATION 6 ' Date: 1 - - i A MACRODYNE INDUSTRIES COMPANY FEB 8 1978 CK FAGS �a`,� INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT THE CHECK FOR STATE AID FUNDS FOR THE LIBRARY NEEDS TO BE ENDORSED OVER TO THE INDIAN RIVER COUNTY LIBRARY AND REQUESTED THAT THIS BE REFLECTED IN THE MINUTES FOR AUDIT PURPOSES, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER I)EESON, THE BOARD UNANIMOUSLY APPROVED ENDORSEMENT OF THE CHECK FOR THE STATE AID GRANT FROM THE STATE OF FLORIDA TO INDIAN RIVER COUNTY LIBRARY, AS PER THE FOLLOWING MEMO AND COPY OF CHECK, Department of State OF LHE sTRT A. STATE LIBRARY OF FLORIDA R. A. GRAY BUILDING C v5,_ TALLAHASSEE, 32304 Phone (904) 487.2651 Up WE': TWX 810-931.3669 January 27, 1978 M E M O R A N D U M TO: Library Direct FROM: Barratt Wilkins tate Librarian RE: State Aid Warrai�ts Enclosed is the first installment of your state aid funds, authorized under Chapter 257 and the 1977 Appropriation Law (Chapter 77-465), Florida Statutes, for the fiscal year beginning October 1, 1977, and ending September 30, 1978. Payment•is for the first two quarters of the total state aid due for your county/or counties. A Xerox copy of enclosed warrant/s is attached for your records. Thank you for forward- ing to the appropriate financial officers. Warrant requests will be placed in April for the third and fourth quarters; you may expect the balance of your funds soon after that time. Feel free to contact us if you have questions about these funds. 11 s FEB 81978 BOOK 33 P �v 441 y.a .vq. N•I. «� ww•~...r.r•.. ...'•mac ��. V '"w.w�c_. .-Lw...ir l �•••. ^pt IUND •� ••YPUG,.• w NO &I..#DAT,. WAt1t.ANTNo. ElXR 1.434n0}3U 239397 72 Ol/12/7A 00M584 r,^"'�•+.�,t watr .t .aw is woHTH• +�_ '7'•��i� 4i=�rw �3-59•' i {, /� n�!""J�"�,�s!ff/j (v,511►`E�.la pv+ �{ j n $ ry1. I � ` �l I•A'>v .v 7i• OFfITh OF coM�T1io1..1 IIL�AASSE t tr- pM1'•- STATE WARRANT PAY TO THE ORDER OF: ulf t: • . almi BDAaL OF CU1/i4TY Cnrm SSSIUNLRS� #• elQ OQ'. s .t•;.,. _��!`IN kIVEK CUuNTY K UN i TO TH[ .•1,: 'vi ; CODNYENY.GNlD TRf.4$t#RIi 811119 STATE OF FUR 11 .,.. r .'t �'•'' _gA[,1 HASSEE 50' 613 ' 7i 4+Zr or- ,IrRIp.Lallt•TloUIRm RORrM 1:0630...00691: n•00..10001115u° 1 INTERGOVERNMENTAL COORDINATOR THOMAS DISCUSSED WITH THE BOARD REQUEST OF EDWARD NETTO, CONTRACTOR, TO ACQUIRE COUNTY -OWNED LAND, BEING A .19 ACRE PARCEL, TAX N0. 01 0040-004.0, THE COORDINATOR NOTED THAT THE COUNTY OBTAINED THIS PARCEL THROUGH FORECLOSURE, AND HE HAS CHECKED WITH ADMINISTRATOR JENNINGS AND DETERMINED THAT WE HAVE NO USE FOR THIS PARTICULAR PIECE OF PROPERTY. HE FURTHER INFORMED THE BOARD THAT MR. NETTO OWNS THE SURROUNDING PROPERTY, DOES HAVE ACCESS, AND WISHES IT PUT UP FOR BID. CHAIRMAN WODTKE STATED HE WOULD LIKE TO SEE ALL THESE SMALL PIECES OR PROPERTY COORDINATED AND ADVERTISED AT ONE TIME, AND THE COORDINATOR STATED THAT HE IS WORKING ON THIS AT THE PRESENT TIME. ON rlOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE INTERGOVERNMENTAL COORDINATOR TO ADVERTISE THE .19 ACRE PARCEL, N0. 01 0040-004.0 FOR BID AS REQUESTED. THE BOARD DISCUSSED EVALUATION OF THE BIDS RECEIVED ON COUNTY PROPERTY AT THE MEETING OF .JANUARY 18, 1978, AND CHAIRMAN WODTKE POINTED OUT THAT THE HIGH BID RECEIVED ON LOT 29, BLOCK 22, ROYAL PARK SUBDIVISION, WAS CONSIDERABLY BELOW THE APPRAISED VALUE. HE FELT THE BOARD SHOULD TAKE THIS INTO CONSIDERATION. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF ,JOYCE DABBS IN THE AMOUNT OF $900.00 ON LOT 16, BLOCK 97, TOWN OF FELLSMERE, DISCUSSION FOLLOWED IN REGARD TO THE BIDS RECEIVED ON THE 7.9 ACRE TRACT IN FELLSMERE FARMS CO. SUBDIVISION, AND COMMISSIONER 12 eonK 33 PA -UF 422 SIEBERT SUGGESTED THAT THE BOARD ACCEPT THE LOWER BID OF $5,025 FROM THE .JACK M. BERRY COMPANY AS THERE IS NO ACCESS TO THIS PROPERTY EXCEPT BY WATER, AND THE .JACK BERRY COMPANY, WHICH SURROUNDS THIS PROPERTY, WILL DEVELOP THIS PROPERTY WHICH WILL GENERATE ADDITIONAL TAX REVENUE FOR THE COUNTY. HE POINTED OUT THAT THE PROPERTY HAS A LIMITED VALUE WITH LIMITED INGRESS OR EGRESS AND FELT IT COULD BE SUBJECT TO APPEAL BEFORE THE PROPERTY APPRAISAL ADJUSTMENT BOARD, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF .JACK M. BERRY COMPANY IN THE AMOUNT OF $5,025.00 ON THE SW 1/4 OF TRACT 715 LESS `i'HE W 92.25`, CONTAINING 7.9 ACRES LOCATED IN FELLSMERE FARMS CO. SUBDIVISION. DISCUSSION CONTINUED AS TO THE VALUE OF LOT 29, BLOCK 22, ROYAL PARK SUBDIVISION, AND IT WAS GENERALLY AGREED THAT THE BIDS RECEIVED WERE TOO LOW, ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY REJECTED ALL BIDS ON LOT 29, BLOCK 22, ROYAL PARK SUBDIVISION, AND AGREED TO READVERTISE. ATTORNEY MICHAEL O`HAIRE APPEARED REPRESENTING GEORGE ANIi MARY ESTER BOLLIS IN REGARD TO OBTAINING A VARIANCE SO THAT THEY MIGHT BUILD ON THEIR PROPERTY. HE NOTED THAT THEY HAVE OWNED THIS PROPERTY IN J. ELM.O COOK SUBDIVISION, WHICH IS -AN UNRECORDED SUBDI- VISION, OVER 20 YEARS,AND LOTS HAVE BEEN SOLD AND HOMES BUILT IN THIS SUBDIVISION THROUGH ALL THE INTERVENING YEARS. ATTORNEY COLLINS FELT THAT, IN THIS CASE, WE ARE NOT DEAL- ING WITH A SPECIAL EXCEPTION TO ORDINANCE 74-20 AS THEY ARE NOT SUB- DIVIDING PROPERTY WHICH IS NOT ON A DEDICATED HIGHWAY. HE CONTINUED THAT THE SUBDIVISION ORDINANCE DOES PROVIDE THAT THE BOARD MAY GRANT A VARIANCE, AND HE WOULD NAVE NO PROBLEMS WITH THE BOARD ISSUING A VARIANCE TO MR. & MRS. BOLLIS SO THEY CAN BUILD ON THEIR.PROPERTY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY GRANTED TO GEORGE AND MARY ESTER BOLLIS A VARIANCE TO THE COUNTY SUBDIVISION ORDINANCE AS REQUESTED BY ATTORNEY 13 FEB 81978 � ���� �� 4411 O'HAIRE AND AUTHORIZED THE ISSUANCE OF A ZONING CERTIFICATE. .JEAN DEICKLER APPEARED REPRESENTING MICHAEL C. COOPER, SR., WHO IS REQUESTING A RELEASE OF THE 5' SIDE LOT -LINE EASEMENTS BETWEEN LOTS 5, 6, AND 7, OSLO PARK, UNIT 2, IN ORDER THAT A BUILDING MAY BE ERECTED OVER THE EASEMENTS. ZONING DIRECTOR DEWEY WALKER SHOWED THE BOARD A SECTION MAP OF THESE -THREE LOTS WHICH ARE LOCATED SOUTH OF OSLO ROAD, AND HE AND ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT THIS IS JUST A ROUTINE MATTER. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED RELEASE OF THE 5' SIDE LOT - LINE EASEMENTS ON THE SOUTH SIDE OF LOT #5, THE NORTH AND SOUTH SIDES OF LOT #6, AND THE NORTH SIDE OF LOT #7, BLK. D, OSLO PARK, UNIT 2, AS REQUESTED BY MICHAEL C. COOPER, SR., AND AUTHORIZED THE CHAIRMAN'S SIGNATURE TO THE RELEASE AND -RESOLUTION N0. 78-9, WHICH ARE TO BE PREPARED AT THE EXPENSE OF THE APPLICANT. ZONING DIRECTOR WALKER NEXT DISCUSSED WITH THE BOARD THE REQUEST OF RICHARD AND ARLYNE ZORC FOR RELEASE OF EASEMENTS BETWEEN LOTS 14 AND 15, BLOCK A, OSLO PARK SUBDIVISION, AND STATED THAT THIS WAS THE SAME SITUATION AS THE PREVIOUS REQUEST EXCEPT THAT THIS IS ZONED COMMERCIAL. ADMINISTRATOR JENNINGS AGREED THAT THIS IS A ROUTINE REQUEST AND PRESENTS NO PROBLEMS. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED RELEASE OF EASEMENTS BETWEEN LOTS 14 AND 15, BLOCK A, OSLO PARK SUBDIVISION, AS REQUESTED BY RICHARD -AND ARLYNE ZORC AND AUTHORIZED THE CHAIRMAN'S SIGNATURE TO THE RELEASE AND RESOLUTION No. 78-10, WHICH ARE TO BE PREPARED AT THE EXPENSE OF THE APPLICANT. ZONING DIRECTOR WALKER INFORMED THE BOARD THAT THEY NOW HAVE COME UP WITH A REVISED ZONING ORDINANCE TO CONFORM WITH THE CODE BOOK AND MANY PEOPLE WISH.TO OBTAIN COPIES OF IT; HE NOTED THAT THEY HAVE BEEN CHARGING ONLY $2.50, AND HE FEELS THE PRICE SHOULD BE INCREASED TO AT LEAST $5.00 OR POSSIBLY $7.00. HE POINTED OUT THAT 14 19 IT IS 64 PAGES LONG AND PRINTED ON BOTH SIDES 'OF, THE PAGES, IN DISCUSSION, IT WAS FELT THERE WAS A MINIMUM OF $12.00. COST FOR LABOR AND PRINTING, NOT EVEN INCLUDING THE PAPER. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ESTABLISHED A PRICE OF $12.50 FOR A COPY OF THE ZONING ORDINANCE AS AMENDED, THIS PRICE.TO BECOME EFFECTIVE IMMEDIATELY. INTERGOVERNMENTAL COORDINATOR THOMAS ANNOUNCED THAT JUST YESTERDAY WE RECEIVED LETTER OF -CREDIT FROM THE ECONOMIC DEVELOPMENT ADMINISTRA- TION FOR 40% OF OUR GRANT FOR THE WATER SYSTEM TO GIFFORD AND NOW WILL BE ABLE TO PAY BACK PROMPTLY THE $100,000 JUST BORROWED. COMMISSIONER DEESON DISCUSSED WITH THE BOARD THE MATTER OF FUNDING SALARIES FOR A COORDINATOR AND ASSISTANT COORDINATOR FOR NORTH COUNTY RECREATION, NOTING THAT SALARIES OF $5,500 FDR THE COORDINATOR AND $7,500 FOR THE ASSISTANT COORDINATOR, INCLUDING ALL FRINGE BENEFITS, WERE APPROVED AT THE LAST MEETING. HE CONTINUED THAT HE HAS NOW BEEN INFORMED THAT THE $7,500 FOR THE ASSISTANT FAILED TO MEET MINIMUM WAGE REQUIREMENTS WHEN THE FRINGE BENEFITS WERE TAKEN INTO CONSIDERATION. COMMISSIONER DEESON STATED THAT HE WOULD LIKE TO SEE THE BOARD GO AHEAD AND SOLIDIFY THE COORDINATOR'S POSITION AND DISCUSS THE ASSISTANT `S POSITION. PAT FLOOD, MAYOR OF SEBASTIAN, STATED HE UNDERSTOOD THAT ONE OF THE QUESTIONS WAS WHETHER OR NOT THEY COULD JUSTIFY AN ASSISTANT. HE FELT THERE IS A DEFINITE NEED FOR AN ASSISTANT IN ORDER TO BE ABLE TO KEEP THE RECREATION CENTERS IN BOTH FELLSMERE AND SEBASTIAN OPEN, WHICH WOULD RELIEVE SOME OF THE PRESSURE ON THE POLICEMEN BY GETTING THE CHILDREN OFF THE STREETS. HE POINTED OUT THAT THE COORDINATOR CANNOT BE IN FELLSMERE AND SEBASTIAN AT THE SAME TIME,AND EQUIPMENT IS JUST SITTING THERE AND NOT BEING USED BECAUSE BOTH CENTERS CANNOT BE KEPT OPEN. MAYOR FLOOD STATED THAT THE "Y" IS DOING A GOOD JOB, BUT THEY WANT TO KEEP THE NORTH COUNTY RECREATION PROGRAM GOING. TERRENCE MARR, DIRECTOR OF THE YMCA, INFORMED THE BOARD THAT WHEN FUNDS WERE NOT AVAILABLE FROM CETA FOR THE RECREATION PROGRAM, HE INFORMED MAYOR CRAGG THAT THE "Y" HAD A MANPOWER GLUT AND COULD 15 FEB. � � 1978 took 33 PAGE 41.5 HELP OUT. HE CONTINUED THAT THEY SET UP A PROGRAM IN SEBASTIAN f WHICH BASICALLY INVOLVES GYMNASTICS FOR BOYS AND GIRLS AND PHYSI— CAL FITNESS FOR ADULTS, AND THEY ARE MORE THAN HAPPY TO HELP OUT, BUT UNFORTUNATELY THEY CANNOT SEND A PERSON UP THERE TO RUN A PRO— GRAM FOR WHICH THEY WOULD HAVE TO MAKE UP THE SALARY, MR. MARR CONTINUED THAT THEY PLAN TO RUN A SUMMER CAMP FOR THE CHILDREN IN THAT AREA, AND HOPE TO MAKE SOME ARRANGEMENTS WITH THE SCHOOL BOARD FOR A BUS. MR. MARR FELT THAT EVERYONE SHOULD WORK TOGETHER IN RECREATION INSTEAD OF TRYING TO COMPETEe HE AGREED THAT AN ASSISTANT COORDINATOR IS NEEDED BECAUSE MRS. COUGHLI.N IS STRUNG OUT BETWEEN SEBASTIAN AND FELLSMERE, AND HOPED THE FUNDS WOULD BE MADE AVAILABLE, IF POSSIBLE. COMMISSIONER DEESON REPORTED THAT HE HAD CONSULTED WITH MR, DONLON AND CAME UP WITH A REVISED FIGURE FOR THE COORDINATOR OF $8,417.50, BASE SALARY, WHICH PLUS FRINGE BENEFITS WOULD COME TO AROUND $10,500. MAYOR FLOOD POINTED OUT THAT MRS. COUGHLIN HAS A UNIVERSITY DEGREE AND IS WELL QUALIFIED TO BE A COORDINATOR. ELAINE HALE STATED THAT ANOTHER REASON FOR HAVING AN ASSISTANT IS THAT THE "Y" IS DOING A TERRIFIC JOB IN SEBASTIAN AND A LOT OF FELLSMERE PEOPLE GO THERE AND OTHERS WOULD LIKE TO GO, BUT THEIR PARENTS HAVE TO WORK AND THEY CAN `T GET OVER TO SEBASTIAN. SHE CONTINUED THEY ALSO HAVE A LOT OF CHILDREN ON THE STREETS OFTELLSMERE WHO NEED TO BE IN RECREATION AND WITH AN ASSISTANT, THEY COULD HAVE A FULL—TIME PROGRAM BOTH PLACES. COMMISSIONER LAY STATED THAT SHE IS A LITTLE CONCERNED ABOUT LACK OF PARTICIPATION IN SOME OF THE ACTIVITIES OFFERED, MRS. HALE NOTED THAT THEY SOMETIMES HAVE TO MAKE A CHOICE BETWEEN TWO ACTIVITIES WHICH TAKE PLACE AT THE SAME TIME, AND SOME ARE MORE POPULAR THAN OTHERS. COMMISSIONER SIEBERT POINTED OUT THAT THE CITY OF VERO BEACH HAS A POLICY THAT THERE MUST BE A DEMONSTRATION OF INTEREST IN A PROGRAM AND IF NOT A SUFFICIENT NUMBER REGISTER, THAT PARTICULAR PROGRAM IS NOT OFFERED. COMMISSIONER LOY FELT THAT THE RECREATION COMMITTEE DOES NEED TO KNOW THAT THE COORDI.NATOR'S SALARY IS SECURE, BUT SUGGESTED 16 FEB 81978 ma 33 PuE THAT THEY GET TOGETHER AND DISCUSS WHETHER POSSIBLY A PART-TIME PERSON COULD HANDLE THE JOB OF ASSISTANT COORDINATOR AND HOLD OFF ON THIS FOR A WHILE. MAYOR FLOOD STATED THAT THE TITLE II MONEY WAS FOR THE PUR- POSE OF PUTTING PEOPLE TO WORK AND THE MONEY IS AVAILABLE. HE POINTED OUT IF YOU DO NOT USE THIS MONEY, IT WILL REVERT BACK. MAYOR FLOOD F ELT A PART-TIME PERSON MAY NOT BE SUFFICIENT AND HE WOULD LIKE TO TRY SOMEONE FULL-TIME, AND THEN NEXT SEPTEMBER, WHEN WE SEE IF THE TITLE II MONEY IS COMING THROUGH AGAIN OR NOT, POSSIBLY A RE-EVALUA- TION COULD BE DONE TO SEE HOW THE PROGRAM IS WORKING OUT. THE MAYOR STATED THAT IF THE TITLE II MONEY DOESN'T COME THROUGH AGAIN, HE WILL SEE IF SEBASTIAN AND FELLSMERE CAN'T TRY TO COME UP WITH THE ASSISTANT'S SALARY AT THAT TIME. LEWIS GRAY, CHAIRMAN OF NORTH INDIAN RIVER COUNTY RECREATION COMMITTEE, SAID IT WAS HIS UNDERSTANDING THAT THE TWO SALARIES WERE APPROVED AT THE LAST MEETING, AND THE PROBLEM WAS JUST THAT THEY WERE MADE TOO LOW. HE NOTED THAT HIS LETTER SET THE SALARIES, BUT HE FELT USUALLY YOU JUST SET THE BASE SALARY AND THEN THE FRINGE BENEFITS ARE ADDED. HE POINTED OUT THAT WITH AN ASSISTANT THEY CAN EXPAND THE PROGRAM, BUT ALL THEY CAN DO WITHOUT ONE IS JUST KEEP GOING, SO THEY WOULD ACTUALLY BE AT A STANDSTILL. MR. GRAY NOTED THAT THE "Y" HAS HELPED PROMOTE A LOT OF INTEREST IN THE RECREATION PROGRAM AND HE FELT THAT AN ASSISTANT IS AS IMPORTANT RIGHT NOW AS THE COORDINATOR. HE ASKED THE BOARD TO RECONSIDER AND HELP GET SOMEONE STARTED IN THIS POSITION. COMMISSIONER SIEBERT SAID HE FELT THAT IT FIRST MUST BE DEMONSTRATED THAT THE PROGRAM WILL BE SUPPORTED AND CONTINUED. MR. GRAY POINTED OUT THAT WITHOUT PAID.PERSONNEL, IT IS VERY HARD TO KEEP THE PROGRAM TOGETHER., DISCUSSION FOLLOWED AS TO WHAT 14AS ASKED FOR AT -BUDGET TIME AND THE FUNDS GIVEN FOR EQUIPMENT, ETC, MRS. HALE POINTED OUT THAT THERE ARE NO MOVIES OR ANY SUCH ENTERTAINMENT IN THE NORTH COUNTY AREA, AND ACTUALLY RECREATION IS ALL THEY HAVE TO OFFER THE CHILDREN. 17 FEB 8 1979 0ak pAt flo MAYOR FLOOD CONTINUED TO QUESTION WHETHER ALL FEDERAL REVENUE SHARING MONIES HAVE BEEN BUDGETED, AND ARE ALL USED UP, AND CHAIRMAN WODTKE POINTED OUT THAT OUR FEDERAL REVENUE SHARING MONEY HAS BEEN BUDGETED AND WE HAVE A HUNDRED REQUESTS FOR EVERY SLOT. HE POINTED OUT THAT THIS MONEY IS ALLOCATED FOR THE BOARD TO UTILIZE• TO THE BEST INTERESTS OF THE TAXPAYERS. MOTION WAS MADE BY COMMISSIONER DEESON, SECONDED BY COMMLS- SI NER SCHMUCKER, TO APPROVE A COORDINATOR FOR THE NORTH COUNTY REC- RE TION. PROGRAM AT A BASE SALARY OF $8,417.50 AND AN ASSISTANT CO RDINATOR AT A BASE SALARY OF $7,277.60, WITH THE UNDERSTANDING TH T IF PUBLIC WORKS FUNDS ARE NOT AVAILABLE FOR THIS IN THE FUTURE THAT WE MIGHT NOT BE ABLE TO ASSUME THE ASSISTANT COORDINATOR'S SALARY. COMMISSIONER DEESON NOTED THAT HE IS CONCERNED ABOUT APPARENT LACK OF PARTICIPATION IN THE PROGRAM AND FEELS THAT THE BOARD SHOULD BE SHOWN IN FUTURE REQUESTS IF THERE HAS BEEN AN INCREASE IN PARTICIPA- TION. HE URGED THE NORTH COUNTY RECREATION COMMITTEE TO WORK WITH THE MAYOR FLOOD STATED THAT HE WILL PERSONALLY COME BACK IN SEPTEMBER WITH A REPORT ON THE NORTH COUNTY RECREATION PROGRAM, AND IF THE PARTICIPATION IS NOT THERE, HE WILL BE THE FIRST TO ADMIT IT. INTERGOVERNMENTAL COORDINATOR THOMAS POINTED OUT THAT THE TITLE II APPROPRIATIONS DO EXTEND TO SEPTEMBER, BUT AT THAT TIME UN- LESS THERE IS AN ADDITIONAL APPROPRIATION, THE PROGRAM COULD EXPIRE. HE FURTHER NOTED THAT IF AT ANY TIME THE UNEMPLOYMENT RATE DROPS TO A CERTAIN FIGURE, THEN THE COUNTY WOULD NO LONGER RECEIVE THESE PUBLIC WORKS FUNDS. HE FELT WE CANNOT.GUARANTEE ANYTHING BEYOND NINE MONTHS. COMMISSIONER Loy STATED THAT SHE WOULD GO ALONG WITH COM- MISSIONER DEESOW S RECOMMENDATION THAT WE ASSURE BOTH OF THESE SALARIES AS LONG AS THE FUNDS ARE AVAILABLE. COMMISSIONER SIEBERT STATED THAT HE WILL SUPPORT THE MOTION BECAUSE COMMISSIONER 'DEESON HAS REQUESTED IT, BUT IF THE CITY CANNOT COME UP WITH SOME FUNDS FOR THIS AT NEXT BUDGETTIME, -HE WILL NOT SUPPORT IT AGAIN, AS HE FEELS IF IT IS NOT THAT IMPORTANT TO THE CIT( OF SEBASTIAN, IT IS NOT IMPORTANT TO US,. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. . t COMMISSIONER LOY REQUESTED THAT THE DOT BE CONTACTED IMMEDIATELY IN REGARD TO A TRAFFIC STUDY TO ESTABLISH THE NEED FOR A STOP LIGHT AT THE INTERSECTION OF 27TH AVENUE AND 12TH STREET. SHE NOTED THAT THIS PARTICULAR INTERSECTION HAS BECOME HEAVILY TRAVELED AND VERY DANGEROUS, AND IN THE LAST YEAR WE HAVE HAD EIGHT SERIOUS ACCIDENTS AT THAT CORNER. ON LOTION BY COMMISSIONER Loy, SECONDED BY COMMISIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO REQUEST THE DOT TO MAKE A TRAFFIC STUDY OF THE INTERSECTION AT 27TH AVENUE AND 12TH STREET IN ORDER TO GET A PERMIT AND INSTALL A TRAFFIC LIGHT AS SOON AS POSSIBLE. COMMISSIONER SCHMUCKER BROUGHT UP THE PROBLEM OF LEFT TURNS INTO THE NEW SHOPPING CENTER AT U.S,1 AND 12TH STREET, AND ADMINISTRA- TOR KENNINGS AGREED THAT THIS WILL BE THE MOST DANGEROUS.INTERSECTION IN THE COUNTY WITHIN SIX MONTHS. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO REQUEST A TRAFFIC STUDY OF THE INTERSECTION AT 12TH STREET AND U.S.I. ADMINISTRATOR JENNINGS REPORTED THAT HE HAD WRITTEN THE DOT ON .JANUARY 25TH ABOUT THE 27TH AVENUE AND 12TH STREET INTERSECTION AND HAS ALREADY RECEIVED AN ANSWER THAT THEY WILL MAKE THE STUDY, FEB 81978. nor . 33 m 499 r 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: 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 ,6 L, , , �/'.o /;.. J.1 ; /1-1/-V — In the Court, was pub - lisped in said newspaper in the issues of 111/1n 2 • / Y 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. Sworn to and subscribed before me this �� dayA.D.� (Clerk of the Circuit Court, Indian River County, Florida) 4 NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will hold a public hearing on February 8, 1978, at 11:00 o'clock A.M. in the County Commission Room, Indian River County Courthouse for the purpose of adopting A Landscape Ordinance which Ordinance shall provide definitions, require a landscape plan, require use of suitable plant materials, which conform to the standards of Part One which conform to grade and standards for nursery plants, Part One, 1973 and Part Two, 1975, State of Florida, Department of Agriculture, provide for standards In trees, hedges, scrubs, vines, ground covers and grass, require landscaping adjacent to public right-of-ways, require perimeter landscaping, require interior coverage, provide for main- tenance, certificate of occupancy, a reverence clause and providing for an effective date. Board of County Commissioners of Indian River County, Florida By: William C. WodfkeJr., Chairman Jan. 22,1978. ATTORNEY COLLINS EXPLAINED THAT THE LANDSCAPE ORDINANCE WAS READVERTISED BECAUSE CHANGES WERE MADE IN IT SINCE THE LAST PUBLIC HEARING. HE THEN REVIEWED THE CHANGES MADE, POINTING OUT THAT ON THE FIRST PAGE HE PUT AN ENABLING CLAUSE; ON THE THIRD PAGE HE DEFINED A ZONING OFFICIAL;AND IN SEC.III, LANDSCAPE PLAN, MADE A CHANGE WHICH HE FEELS COVERS THE QUESTION OF AN R-2 USE WHERE NO SITE PLAN APPROVAL IS REQUIRED. THE BUILDING DEPARTMENT WOULD HAVE TO ASSURE THEMSELVES OF CONFORMITY WITH THE ZONING nRDINANCE BEFORE ISSUING THE PERMIT. ATTORNEY COLLINS CONTINUED THAT SEC. IV A. 2., TREES, HAS BEEN CHANGED TO READ: "NATURAL PALMS MAY CONSTITUTE MORE THAN THE SO% OF THE TOTAL NEW TREE REQUIREMENT WHEN SAID PALMS ARE EXISTING ON THE SITE..." 20 FEB 81978 600K. 33 mu, E4130 URBAN FORESTER GREG CLARK SUGGESTED CALLING THE PALMS "(NATIVE" INSTEAD OF $1 NATURAL, `t BUT IN FURTHER DISCUSSION, IT WAS AGREED TO ELIMINATE BOTH WORDS AND JUST SAY "PALMS." ATTORNEY COLLINS NOTED THAT ON PAGE 6, SEC. B, EXISTING PLANT MATERIAL, CREDIT SHALL BE GIVEN FOR NATURAL GROWTH AREAS IN MEETING THE REQUIREMENTS OF THIS ORDINANCE. HE EXPLAINED THAT HE TRIED TO MEET THE ISSUE OF REPLACEMENT OF PLANTS, ETC., IN SEC. G, AND SECTIONS I AND J ARE ENTIRELY NEW. COMMISSIONER SIEBERT SUGGESTED THAT ON PAGE 9, SEC. G, °MAINTENANCE, INSTEAD OF REQUIRING REPLACEMENT OF ALL DEAD PLANT MATERIAL, IT SHOULD REQUIRE REPLACEMENT OF "REQUIRED" DEAD PLANT MATERIAL, AND THE ATTORNEY FELT THIS WAS A GOOD CHANGE. ASSISTANT PLANNER BERG BROUGHT UP THE PROBLEM OF HOW THIS ORDINANCE WOULD APPLY TO AREAS WHERE A PARKING LOT MIGHT BE ENLARGED, CHANGED OR ALTERED, HE POINTED OUT THAT IN SEC. III, LANDSCAPE PLAN, IF ANY CHANGES ARE MADE, THE SITE PLAN ORDINANCE WILL APPLY. HE ASKED IF THIS IS THE INTENT. IN FURTHER DISCUSSION, IT WAS FELT IT WOULD APPLY ONLY TO THE IMPROVED AREA. ATTORNEY COLLINS SUGGESTED A SENTENCE BE INSERTED STATING THAT "THIS ORDINANCE SHALL APPLY ONLY AS TO NEW CONSTRUCTION, ENLARGE- MENT OR RECONSTRUCTION." ASSISTANT PLANNER BERG INFORMED THE BOARD THAT THE PLANNING DEPARTMENT HAS NO OBJECTIONS TO THE CHANGES MADE IN THE LANDSCAPE ORDINANCE. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. URBAN FORESTER GREG CLARK STATED THAT HE AGREES WHOLE- HEARTEDLY WITH THE ORDINANCE AND THE CHANGES THAT HAVE BEEN MADE. DR. HERBERT KALE OF THE PELICAN ISLAND AUDUBON SOCIETY STATED -THAT THEY HAVE NO OBJECTIONS TO THE ORDINANCE AS CHANGED. .ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. 21 FEB81978 MDR 33 PA 4:� LZI CHAIRMAN WODTKE DISCUSSED THE NEED FORADDING A DEFINITION OF "RECONSTRUCTION," AND ASKED IF ADDING A COAT OF ASPHALT WOULD BE CONSIDERED RECONSTRUCTION. COMMISSIONER SIEBERT FELT THIS SHOULD BE LEFT FLEXIBLE. ADMINISTRATOR .JENNINGS FELT THAT TAKING CARE OF POT HOLES, RESURFACING, ETC., WOULD BE CONSIDERED MAINTENANCE. AFTER FURTHER DISCUSSION, IT WAS AGREED TO DELETE ANY REF- ERENCE TO'RECONSTRUCTION AND HAVE THE INSERTION READ, "THIS ORDINANCE SHALL APPLY ONLY TO NEW CONSTRUCTION OR ENLARGEMENT;" IT BEING THE .INTENT OF THE BOARD THAT THE REQUIREMENTS OF THE ORDINANCE SHALL APPLY ONLY TO THE NEW IMPROVEMENTS. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE N0. 78-1. 22 bea 03 FAu Ii INDIAN RIVER COUNTY ORDINANCE NO. 78-1 4 4 r BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: SECTION I PURPOSE AND INTENT SECTION II r • • Landscaping requirements for parking lots. This ordinance shall apply to all Sections of Indian -River County Ordinance 71-3, as amended, except for individual single family and duplex uses. The objective of this provision is to promote the public health, safety and general welfare by requiring the land- scaping of parking lots which will serve to reduce wind and airturbulence, heat and noise, and the glare of automobile lights; to preserve underground water strata; to act as a natural drainage system and ameliorate storm water drainage problems; to reduce the level of carbon dioxide and return pure oxygen to the atmosphere; to prevent soil erosion; to provide shade; to conserve and stabilize property values and to otherwise facilitate the creation of a convenient, attractive and harmonious community; to relieve the blighted appearance of parking lots; and to generally preserve a healthful and pleasant environment. DEFINITIONS - For the purpose of the administration and enforcement of this Section, and unless otherwise stated, the following words shall have the definitions indicated. A. Accessway: A paved area intended to provide ingress and egress of vehicular traffic from a public right-of-way to an off-street parking area. B. Developed Area: That portion of a plot or parcel upon which a building, structure; pavement, gravel landscaping or other improvements have been placed. BOOK JJ PAGE 4133 - 2 C. Encroachment: Any protrusion of a vehicle outside of a parking space, display area or accessway into a landscaped area. A. Frontage: Lineal distance measured along abutting public right-of-way. E. Ground Cover Low growing plants planted in such a manner as to form a continuous cover over the ground, such as, but not limited to English Ivy, low growing varieties of Honeysuckle and Confederate Jasmine. F. Interior: That area inside of and beyond ten (10) feet of the property line, excluding that area covered by buildings. G. Landscaping: Landscaping shall consist of any of the following or combination thereof; material such as but not limited to, grass, ground covers, shrubs, vines, hedges, trees, or palms; and non -living durable material commonly used in landscaping, such as, but not limited to rocks, pebbles, sand, walls or fences, but excluding paving. H. Mulch: Non -living small aggregate material such as gravel, rock, pebbles, bark, or pine needles used as a ground cover. I. Off -Street Parking: An area not within a building service way or other structure where motor vehicles may be stored for the purpose of temporary, daily or overnight parking. This definition shall include a motor vehicle display lot, or display of boats, trailers, and mobile homes. J. Perimeter: That area within ten (10) feet of all property lines. K. Planting Area: Any area designated for landscaping planting having a minimum of"ten (10) feet square feet and at least one dimension on any side of three '(3) feet; ���� 33 PA F U r- i - 3 except that wherever a tree shall be planted a minimum 11 1 area of twenty-five (25) square feet, with a radius of two and three-fourths (2 3/4) feet around said tree shall be required. L. Shrub: Any low growing self-supporting woody evergreen and/or flowering species. M. Tree: Any living self-supporting woody plant having at least one well defined stem as designated in Section IV and growing to a minimum of eight (8) feet in height. N. Vines: Any of a group of woody or herbaceous plants which may climb by twining, by means of aerial rootlets or by means of tendrils, or which may simply sprawl over the ground or other plants. O. Zoning Official: Authorized employee in the Indian River County Zoning Department. SECTION III LANDSCAPE PLAN A. No off-street parking area shall be constructed or enlarged in Indian River County until a landscape plan for construction or enlargement of the parking lot has been approved by the Zoning official. This ordinance shall apply only to new construction or enlargement. The Zoning official shall not approve any landscape plan unless it conforms to the requirements of this ordinance, and is submitted for site plan approval under Section 23 of the Zoning Ordinance, if required or the landscape plan must be approved by the Building Depart- ment upon application for a building permit if site plan approval is not required. B. Landscape plans submitted pursuant to this ordinance shall be drawn to scale, including dimensions and distance, and clearly delineate the existing and proposed parking spaces, access aisles, driveways, and the location, size and description of all landscape materials including the method of watering and maintaining the landscaped area. FEB 8 1979 ��� PAPE 4,:�� 4 - SECTION IV A. Plant Materials: 1. Quality - Plant materials used in conformance with provisions of this ordinance shall conform to the Standards for Florida No. 1 or better as given in "Grade and Standards for Nursery Plants", Part 1, 1973 and Part II, 1975, State of Florida, Department of Agriculture, Tallahassee, or equal thereto. Grass seed shall be delivered to the job site in bags with Florida Department of Agriculture tags attached indicating the seed growers compliance with the Department's quality control program. Plant materials which are known to be intolerant of paving environments, or whose physical characteristics may be injurious to the public, should not be specified for use under this ordinance. 2. Trees - Trees shall be species having an average mature spread of crown of greater than fifteen (15) feet when growing in the County of Indian River, Florida, and eventually having a trunk (s) which can be maintained in a clean condition over five (5) feet of clear wood. Trees having an average mature spread of crown less than fifteen (15). feet may be substituted by grouping the same so as to create the equivalent of a fifteen (15) foot crown spread. Palms shall be considered trees and if used, they shall consist of no more than fifty (50) per cent of total new tree requirement for any area. Palms may constitute more than the fifty (50) per cent of total new tree requirement when said palms are existing on the site and either remain on site or are relocated on the same site. Tree species shall be a minimum of eight (8) feet overall height at time of planting. The number of different species of trees, other than palms, FEB 8 1978 , WK. qac 436 - 5 - shall be as follows: 4 Required Number of Trees Minimum Number of Species 1-10 1 11-30 2 31-60 3 61-100 4 100 -over 5 At least fifty (50) per cent of all new required trees shall be of a native species. Trees of a species whose roots are known to cause damage to public roadways or other public works or easements shall not be planted closer than twelve (12) feet to such public works, -unless the tree root system is completely contained within a barrier for which the minimum interior containing dimensions shall be five (5) feet square and five (5) feet deep, and for which the construction requirements shall be four (4) inches thick concrete reinforced with #6 road mesh (6 x 6 x 6) or equivalent. The following species will not be used to fulfill requirements of this ordinance: Australian Pine - (Casuarina equisetifolia) (Casuarina lepidophlia) (Casuarina cumminghamiana) Chinaberry - (Melia azedarch) Ear pod - (Enterlobium cyclocarpum) Brazilian pepper - (Schinus terebinthifolius) Melaleuca - (Melaleuca quinquenervia) 3. Shrubs and Hedges - Shrubs shall be a minimum of twenty-four (24) inches in height when measured immediately after planting. Hedges, where required, shall be planted. and maintained so as to form a continuous, unbroken, solid 'screen within a maximum of one (1) year after time of planting. FEB . 8 1978 33 - 6 - 4. Vines - Vines shall be a minimum of thirty (30) inches in height directly after planting and may be used in conjunction with fences, screens, or walls to meet physical barrier requirements as specified. 5. Ground Covers - Ground covers other than grass shall be planted in such a manner as to present a finished appearance and reasonably complete coverage within three (3) months after planting. 6. Grass - Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion. Seed, where used, shall be of a variety that will produce complete coverage within ninety (90) days from sowing where other than solid sod or grass seed is used, nurse grass seed shall be sown for immediate effect and protection until coverage is otherwise achieved. B. Existing Plant Material - Where healthy native plant material exists on a site prior to development and provision is made to preserve same permanently, credit shall be given for such natural growth areas in meeting the requirements of this ordinance. C. Required Landscaping Adjacent to Public Rights -of -Way - On the site of a building or open lot providing an off- street parking area, where such area will not be entirely screened visually by an intervening building or structure from any abutting right-of-way, excluding dedicated alleys, there shall be provided landscaping between such area and such right-of-way as follows: 1: A strip of land at least ten (10) feet in depth located between the abutting right-of-way and the off- street parking area which is exposed to an abutting -right-of-way.which shall be landscaped,.such landscaping to include one tree for each forty (40) lineal feet or BCOK 33 FAUE 4®.-8 - 7 - fraction thereof. Such trees shall be located between the abutting right-of-way and off-street parking area and shall be planted in a planting area of at least twenty-five (25) square feet with two (2) of the dimensions being at least five (5) feet, in addition, a hedge, wall, fence or other durable landscape barrier of at least two (2) feet in height shall be placed along the perimeter of such landscaped strip. If such durable barrier is of non -living material, for each ten (10) feet thereof, one shrub or vine shall be planted abutting such barrier but need not be spaced ten (10) feet apart. Such shrubs or vines shall be planted along the street side of such barrier unless they are of sufficient height at the time of planting to be readily visible over the top of such barrier. The remainder of the required landscaped areas shall be land- scaped with grass, ground cover or other landscape treatment excluding paving. 2. All property other than the required landscaped strip. lying between the right-of-way and off-street parking area shall be landscaped with at least grass or other ground cover. 3. Necessary accessways from the public right-of-way through all such landscaping shall be permitted to service the parking and such accessways may be substracted from the lineal dimension used to determine the number of trees required. D. Perimeter Landscaping Relating to Abutting Properties - On the site of a building or structure or open lot use providing an off-street parking area where such areas will not be entirely screened visually by an intervening building or structure from abutting property, that portion of such area not so screened shall be provided with a hedge or other durable landscape barrier not greater than six (6) feet in height nor*less FEB 81978 MCK PA,,4J - 8 - than three (3) feet in height to form a continuous screen between the off-street parking area and such abutting property. Such landscaped barrier shall be located between the common lot line and the off-street parking area, and shall be planted in a planting strip no less than four (4) feet in width. In addition one tree shall be provided for each fifty (50) lineal feet of such landscape barrier or fractional part thereof. Such trees shall be located between the common lot line and the off-street parking area. Each such tree shall be planted in a least twenty-five (25) square feet of planting area with a minimum dimension of at least four (4) feet. Each such planting area shall be landscaped with grass, ground cover or other landscape material excluding paving in addition to the required tree. The provisions of sub -section D, above shall not be applicable in the following situations; 1. When a property line abuts a dedicated alley, or to those portions of the property that are opposite a building or other structure located on the abutting property. 2. Where the abutting property is zoned or used for non- residential uses, only the tree provision with its planting area as prescribed in this sub -section shall be required; however, the number of trees may be reduced to one tree for every one hundred twenty-five (125) lineal feet or fraction thereof. E. Interior Coverage Requirements - Not less than four (4) per cent of the interior of the property shall be landscaped. Planting which may be required around a perimeter of a lot shall not be considered as a part of the interior landscaping requirements. Each separate landscaped area, excluding that -area within five (5) feet of the main building, shall have a minimum of fifty (50) square feet, and with a mimimum dimension of at least five (5). feet and shall include at least one tree having a clear trunk with a mimimum of five (5) feet. The remaining area shall be 9 FEB 8 1978 Boa . 33 PAu 440 F. - 9 - adequately landscaped with shrubs, ground cov6r and other authorized landscaping material not to exceed three (3) feet in height. The total number of trees shall not be less than one (1) for each seventy-five (75) square feet or fraction thereof of required interior landscaped area. Encroachment - Landscape areas shall require protections from vehicular encroachment. Car stops shall be placed at least three (3) feet from the edge of such landscaped areas. Where • a wheel stop or curb is utilized, the paved area between the curb/wheel stop and the end of the parking space may be omitted, provided it is landscaped in addition to the required land- scaping provided. Car stops shall be located so as to prevent damage to any planting areas by automobiles. G. Maintenance - The owners or their agents shall be responsible for providing, protecting, and maintaining all landscaping in a healthy and growing condition, replacing it when necessary and keeping it clear of refuse and debris. All planted areas shall be provided with an adequate system of a readily available water supply to insure continuous healthy growth and development. Maintenance shall include the replacement of required dead plant material. H. Certificate of Occupancy -'No Certificate of Occupancy shall be given or issued to the owner or his agent until all conditions of this ordinance have been complied with and the zoning official has given an approval. I. Violations of this ordinance upon conviction shall constitute a misdemeanor with penalties assessed.according to law. Each day's violation can be considered a separate offense. The Board of County Commissioners may enforce the provisions of this ordinance by seeking injunctive relief or any other remedies provided by law. FEB 81978 Rei 33 Face F - 10 - J. Should any section, clause, word or provisions of this ordinance, or application of a provision contained within this ordinance, be declared by the County to be unconstitutional or invalid, such declaration shall not affect the validity of the ordinance as a whole or any part thereof, other than the part or application declared to be unconstitutional or invalid. K. This Ordinance shall be effective this 14th day of February r 1978• a FEB 81978 BOOK 33 PacE 442 ASSISTANT PLANNER BERG NEXT DISCUSSED WITH THE BOARD THE ADOPTION OF AN EMERGENCY ORDINANCE IN REGARD TO PARKS AND PLAYGROUNDS AND PASSED OUT A MEMO SETTING OUT SUGGESTED CHANGES TO THE ZONING ORDINANCE. HE REPORTED THAT AT THE LAST ZONING COMMISSION MEETING IT WAS SUGGESTED THAT SINCE WE ARE PROPOSING A SITE PLAN ORDINANCE, MORE USES SHOULD BE PUT UNDER SPECIAL EXCEPTIONS RATHER THAN GRANTED AS AN "OUTRIGHT" USE IN THE VARIOUS ZONING DISTRICTS. HE STATED THAT BASICALLY -WHAT THEY ARE TRYING TO SAY IS THAT IN A R-1 ZONE THE ONLY USE THAT SHOULD BE PERMITTED WOULD BE SINGLE FAMILY RESIDENCES; THERE MAY, HOWEVER, BE SOME USES THAT MIGHT BE APPROPRIATE AND ALL 4 THE USES THAT MIGHT BE APPROPRIATE, SUCH AS PARKS AND PLAYGROUNDS, SHOULD BE PLACED UNDER A SPECIAL EXCEPTION. ATTORNEY COLLINS NOTED THAT THERE ARE REALLY SEVERAL SEPARATE ISSUES. PRIMARILY, WE ARE CONCERNED WITH THE PARKS AND PLAYGROUNDS PROBLEM, AND HE FELT THAT POSSIBLY THIS PARTICULAR PROBLEM CAN BE CLEARED UP BY REDEFINITION OF WHAT WE MEAN BY PARKS AND PLAY- GROUNDS, RATHER THAN BY PLACING THEM UNDER SPECIAL EXCEPTION. THE ATTORNEY CONTINUED THAT HE DOES NOT BELIEVE THAT ZONING CLASSIFICA- TIONS SHOULD HAVE USES THAT IN THE MAJORITY COME UNDER SPECIAL EXCEPTIONS. HE FELT INSTEAD THAT SOMEONE SHOULD BE ABLE TO MAKE AN APPLICATION UNDER A PERMITTED USE AND KNOW IT IS PERMITTED IN THAT ZONE AND THEN ONLY HAVE TO MEET THE SITE PLAN. APPROVAL REQUIRE- MENTS RATHER THAN FIRST HAVING TO OVERCOME THE SPECIAL EXCEPTIONS AND THEN MEET THE SITE PLAN APPROVAL REQUIREMENTS. ATTORNEY COLLINS POINTED OUT THAT ACTUALLY THERE ARE VERY FEW ZONES THAT DON'T REQUIRE SITE PLAN APPROVAL, AND HE WOULD RATHER HAVE PERMITTED USES AFTER SITE PLAN APPROVAL. ASSISTANT PLANNER BERG STATED THAT, AS A PLANNER, HE AGREED 100% THAT THERE SHOULD BE DEFINITE USES -IN EVERY SINGLE ZONE THAT SHOULD BE PERMITTED TO A PERSON AS AN "OUTRIGHT" USE. HE INFORMED THE BOARD THAT THE ZONING COMMISSION HAS WRITTEN A NEW DEFINITION OF PARKS AND PLAYGROUNDS WHICH HE FEELS IN AND OF ITSELF MIGHT SERVE THE PURPOSE, AND THEY WOULD HAVE NO OBJECTION IF THE BOARD WERE TO MAKE THIS AN EMERGENCY ORDINANCE. HE GAVE THE BOARD A COPY OF THE PROPOSED DEFINITION. 33 FEB 81978 Boa 33 PASF 443 r COMMISSIONER Loy POINTED OUT THAT WE USED TO HAVE A NUMBER OF CUT AND DRIED CATEGORIES IN EACH DISTRICT, BUT SHE FELT SURE THE LONG LIST OF SPECIAL EXCEPTIONS CAME ABOUT BECAUSE OF ABUSES OF THESE PERMITTED USES, SHE CONTINUED THAT WE HAVE COME A LONG WAY TOWARDS ESTABLISHING A MORE SOPHISTICATED PROCESS WITH OUR SITE PLAN APPROVAL AND SHE WAS CONCERNED ABOUT RETAINING THE SAFE -GUARD OF THE SITE PLAN APPROVAL SO IF WE TURN AROUND AND PUT A NUMBER OF THINGS BACK IN PERMITTED USES THERE WON `T BE FURTHER ABUSES, COMMISSIONER SIEBERT STATED THAT HE WAS SUGGESTING THAT WE REQUIRE SITE PLAN APPROVAL ON CERTAIN ACTIVITIES WITHIN ALL OF THESE 6 ZONES AND SAY THISIS A PERMITTED USE IN THIS ZONE PROVIDED CERTAIN SAFEGUARDS ARE TAKEN, HE FELT THIS WILL ELIMINATE APPLICANTS HAVING TO PROVE THEIR CASE TWICE, ATTORNEY COLLINS AGREED THERE IS A SUBTLE DIFFERENCE AND THAT HAVING TO PROVE THEIR CASE TWICE COULD HAVE A NEGATIVE AFFECT. MR. BERG NOTED THAT VARIANCE AND SPECIAL EXCEPTION ARE PRETTY CLOSE. SPECIAL EXCEPTION IS INTENDED TO APPLY TO THOSE USES THAT WOULD NOT NORMALLY BE ALLOWED IN SPECIFIC ZONES AS A PERMITTED USE, HE FELT THAT WE SHOULD HAVE USES IN DISTRICTS THAT WILL BE ALLOWED "PROVIDED," BUT FELT WE ARE STILL ON DANGEROUS GROUND AS FAR AS BEING ARBITRARY IS CONCERNED. MR. BERG WAS OF THE OPINION THAT SPECIAL EXCEPTIONS DO SERVE A PURPOSE AND ALSO GIVEA LITTLE MORE AUTHORITY TO THE ZONING COMMISSION. DISCUSSION CONTINUED IN REGARD TO THE NEED FOR BOTH SPECIAL EXCEPTIONS AND SITE PLAN APPROVAL, AND CHAIRMAN WODTKE STATED THAT HE WOULD LIKE TO HAVE MORE WORK DONE IN REGARD TO CHANGES FROM VARIOUS CATEGORIES, AND WOULD LIKE ATTORNEY COLLINS TO DO SOME WORK ON THE DEFINITION OF PARKS AND PLAYGROUNDS SUBMITTED BY MR, BERG, ATTORNEY COLLINS ASKED IF THIS'.JS TO BE DONE ON AN EMERGENCY BASIS OR WHETHER HE SHOULD ADVERTISE. IT WAS AGREED THIS IS AN EMERGENCY SITUATION, AND THE ATTORNEY STATED HE WOULD PREPARE SOMETHING FOR THE BOARD TO CONSIDER THIS AFTERNOON. 34 FEB 81978 BOOK 33 PAGE 444 O 4 THE BOARD AGREED THAT MORE WORK AND REVIEW SHOULD BE DONE IN REGARD TO SPECIAL EXCEPTIONS, AND ASSISTANT PLANNER BERG STATED THAT HE WILL TAKE HIS MEMO ABOUT THIS TO THE ZONING COMMISSION'S NEXT MEETING. THE BOARD THEREUPON RECESSED AT 12:20 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 1:45 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. ADMINISTRATOR KENNINGS DISCUSSED WITH THE BOARD A PROPOSAL MADE BY CORDON CHAFFEE IN REGARD TO SALVAGE RIGHTS AT THE COUNTY LANDFILL AS FOLLOWS: Is G 0 R D 0 N L. C H A F F E E Mailing Address: Businoss Phone: 5701E Briargate Lane 562-8252 Fort Pierce, vlorida 33150 I would like to present the follow: ng proposal to the County Administrator, Mr. Jac. Jennings and to the County Commission of Indian River County: Application for salvage rights at the county Landfill at the rate of $300.00 per month. the operation to be conducted in an orderly manner so that it would not become a nuisance or a hindrance to the county. If thie offer is accepted, at the end of 90 days, if it is agreed by both parties to continue this operation, the monthly fee may have.to be re -negotiated. Thank you for your consideration. Youx•�� irul �/ l W AA Gordon L. (0;ee ADMINISTRATOR KENNINGS INFORMED THE BOARD THAT THE NEW LAND— FILL IS LOCKED AND PEOPLE ARE NO LONGER•PERMITTED TO GO IN AND PICK OVER THE REFUSE BECUASE OF THE DANGER FROM THE HEAVY EQUIPMENT. HE CONTINUED THAT ALTHOUGH MR. CHAFFEE HAS NO BACKGROUND IN THIS PARTICU— LAR TYPE OF SALVAGE, HE HAS WORKED WITH THE COUNTY OVER THE YEARS IN HELPING DISPOSE OF OLD CARS AND.HAS BEEN VERY RELIABLE. THE ADMINI$TRA— .TOR NOTED THAT THE COUNTY HAS NO TRACK RECORD ON THIS OPERATION EITHER AND SO CANNOT AT THIS TIME SET A SPECIFIC VALUE ON THE SALVAGE RIGHTS. HE NOTED THAT MR. CHAFFEE HAS OFFERED TO RENEGOTIATE AT THE END OF 90 35 8ca 33 PAGE 445 DAYS. THE ADMINISTRATOR FELT THAT AFTER THE FIRST YEAR, THESE RIGHTS COULD BE PUT OUT FOR COMPETITIVE BIDDING. CHAIRMAN WODTKE NOTED THAT RECORDS SHOULD BE KEPT OF WHAT IS ACTUALLY TAKEN OUT IN ORDER TO BE ABLE TO PROPERLY DETERMINE THE VALUE OF THE SALVAGE RIGHTS. COMMISSIONER SIEBERT FELT THAT THE BOARD COULD APPROVE THIS ARRANGEMENT FOR NINETY DAYS, BUT THAT AFTER THAT TIME THERE SHOULD BE COMPETITIVE BIDDING, AND COMMISSIONER LOY AGREED. CHAIRMAN WODTKE ALSO CONCURRED AND SUGGESTED THAT, IN THE INTERIM, CONTACT BE MADE WITH OTHER SALVAGE OPERATORS SO THEY COULD BE DOING SOME RESEARCH ON THIS OPERATION. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ACCEPTED MR. CHAFFEE`S PROPOSAL IN REGARD TO SALVAGE RIGHTS AT THE LANDFILL AND AUTHORIZED THE ADMINISTRATOR TO ADVERTISE.FOR COMPETITIVE BIDDING ON THE SALVAGE RIGHTS AT THE LANDFILL FOR MAY 24, 1978. 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: 35 FEB 81978 33 fAu 446 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 ^ y? -6 - In the Court, was pub - lashed in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this} i a f Orsz (Business Manager) A� /L (sEAu (Clerk of the Circuit Court,(Irldian River County, Florida) NOTICE NOTICE IS HEREBY GIVEN that the Zoning Commission of Indian River County, Florida, has tentatively approved the following changes and additions to the Zoning Ordinar�ce of Indian gayer County, Florida, which c angas and addit,ons are su stantially 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 100 feet of the N. 1/2 of the N.E. 1/4 of the N.E. 1/4 of Section 25, Township 33 south, Range 39 east, Indian River County, Florida. Be changed from C-1 Commercial to R-1 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, December 8, 1977, at 7:30 P.M., after which said 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, February 8, 1978, 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 Nov. 23, 27,1977. THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO ELBERT MCDOUGALD AND SHIRLEY MAE MCDOUGALD BY THE CLERK OF CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125,66, 37 FEB 81978 �Knel aj PA,( 447 BOARD OF COUNTY CONNWiE:3_S1ONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY. Vico Chairman WILIARD W. SIEBERT, JR. EDWIN S. SCHMUCK[:R R. DON UFXC 'ON 'I JACK G. JENNINGS, Administrator 2145 14th Avenue: December 5, 1977 Elbert McDougald and Shirley Mae McDougald Rt. 1, Box 5 • Vero Beach, Florida 32960 Dear Elbert and Shirley Mae McDougald; Vero Beach, Po6da 12Ddit In compliance with Florida Statute 125.66 the follov7ing is a Notice of Public Hearing for rezoning as requested by you. NOTICE The Zoning Ilap will be changed in order that the following described property situated in Indian River County, Florida to wit: The West 100 feet of the No. 1/2 of the N.E.I/4 of the N.E. 1/4 of Section 25, Township 33 South, Raiige 39 East, Indian River County, Florida Be changed from C-1 Counercial District to R-1 Single Family District A public hearinn in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida in the County Courthouse, Vero Beach, Florida ori Wednesday, February 8, 1978 at 2:00 o'clock P.M. Sincerely yours, Freda Wright U Cteark ASSISTANT PLANNER BERG INFORMED THE BOARD THAT THE SUBJECT PROPERTY IS ON -THE SOUTH SIDE OF OSLO ROAD WEST OF OLD DIXIE HIGHWAY AND EAST OF LATERAL J CANAL. HE NOTED THAT THERE WAS AN EXISTING HOME ON THIS PROPERTY, BUT IT BURNT DOWN AND THE APPLICANT WANTS TO REBUILD. HE CONTINUED THAT AT THE ZONING COMMISSION MEETING THERE WAS SOME DIS- CUSSION ABOUT THE FRONT OF THE PROPERTY STAYING COMMERCIAL AND THE REAR PART BEING MADE R-1 TO ALLOW THE HOUSE To BE REBUILT, BUT THE VOTE ON THE REQUESTED REZONING ENDED IN A TIE. MR. BERG COMMENTED THAT THIS ACTUALLY WOULD BE SPOT ZONING BECAUSE IT WOULD RESULT INA PIECE FEB 81978 ao �c 3 ,ac� r OF R-1 BEING LOCATED IN BETWEEN COMMERCIAL PROPERTY. HE CONTINUED THAT THE PLANNING DEPARTMENT IS IN THE PROCESS OF RECOMMENDING REZONING A GREAT DEAL OF OSLO ROAD TO R-1 AND A. HE PERSONALLY FELT THE BOARD SHOULD CONSIDER REZONING THE ENTIRE STRIP OF C-1 TO R-1. COMMISSIONER SCHMUCKER ASKED IF AN OWNER CAN'T REBUILD A NON- CONFORMING HOUSE THAT HAS BURNT DOWN, AND ZONING DIRECTOR WALKER EX- PLAINED THAT THEY CANNOT IF IT IS OVER 50% DESTROYED. 'D iSCUSSION FOLLOWED IN REGARD TO THE POSSIBILITY OF OBTAINING A VARIANCE IN ORDER FOR MR. MCIDOUGALD TO REBUILD. d MR. BERG FELT THIS MIGHT BE THE BEST ANSWER AND NOTED THAT MR. McDOUGALD OWNS THIS ENTIRE STRIP OF 600 x 100, A GOOD DEAL OF WHICH HE USES FOR FARMING. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. MR. MCDOUGALD INFORMED THE BOARD THAT ALL HE WISHES TO DO IS REPLACE THE HOUSE THAT BURNT, CHAIRMAN WODTKE ASKED HIM IF HE WOULD BE AGREEABLE TO ANY METHOD, NOT NECESSARILY REZONING, THAT WOULD ENABLE HIM TO REBUILD, AND MR. McDOUGALD STATED THAT HE WOULD. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER SCHMUCKER, TO DENY THE REZONING REQUEST MADE BY THE MCDOUGALDS AND TO FORWARD THIS MATTER TO THE BOARD OF ZONING ADJUSTMENT AS INITIATED BY THE BOARD OF COUNTY COMMISSIONERS RECOMMENDING APPROVAL OF REPLACE- MENT OF THE HOUSE AND THAT THE FEE BE WAIVED. COMMISSIONER SIEBERT STATED THAT, IF FOR SOME REASON THE BOARD OF ZONING ADJUSTMENT. SHOULD DENY A VARIANCE FOR THIS PURPOSE, HE WOULD AGREE TO.REHEAR THE MCDOUGALD'S REQUEST FOR REZONING WITHOUT PREJUDICE. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. 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: 39 FEB 81979 WK 33 PACE 449 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 ✓ ��' J i In the Court, was pub- lished in said newspaper in the issues of 9 i' Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this da of A.D. �us: ess Manager) (Clerk of the Circuit Court, India River County, Florida) (SEAU NOTICE NOTICE IS HEREBY GIVEN that the Zoning Commission of Indian River County, Florida, has tentatively approved the following changes and additions to the Zoning ' Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: I- That the Zoning Map be changed in order that the following described property situated In Indian River County, Florida, to -wit: Lots 1 through 16, Block 4, and lots 1 through 81 Block 3, Grovenor Estates, Unit No. 1, as in Pletbook 4, page 79, Indian River County Records. AND Lots 9 through 16, Block 3; and the 7.90 acres recorded as Block 7A, Grovenor Estates, Unit No. 2, as in Platbook S, page 18, Indian River County Records. Be changed from C-1 Commercial District to R-1 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, December 8, 1971, at 7:30 P.M., after which said 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, February 8, 1978, 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 Nov. 23, 27,1977. THE FOLLOWING NOTICES OF THE PUBLIC HEARING WERE SENT TO OWNERS OF PROPERTY IN GROVENOR ESTATES, UNITS No, 1 AND Z, BY THE CLERK OF CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.66, SIO FEB1979 ma 33 PA - BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, in.. Chairman ALMA LEE LOY. Vice Chairman l' • .� '` WILLARD W. SIEBERT. JR. EDWIN S. SCHMUCKEP, J•''�^^—Y"a�1�'0j i R. DON DEESON W4i•�� , .TACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach. Florida 329,7 December 6, 1977 Doris Hunt - 32 Maverick Street Marblehead, Pia, 01945 Dear Ms hunt: t In compliance with Florida Sta.rute 125.66 the following is a Notice of .Public he4ring for rezoning. NOTICE The Zoning Map will be changed in order that the foll.owing described property situated in Indian River County, Florida to wit: Lots 1 through 16, Block 4 and Lots 1 through 8 Block 3, Grovenor Estates, Unit No, 1, as in Plat - book 4, page 79, Indian river County, Florida Records and Lots 9 through 16, Block 3 and Che 7.90 acres recordect as Block 711, Grovenor Estates, Unit No. 2, as in Platboo'c 5, page 18, Indian River County, Florida Records Be changed from C--1 Conimorcial Iiistri.ct to R-1 Single Family District. A public hearing in relation thereto will. be hold by the Board .of County Car,r7i.ssioner5 of Indian River County, Florida. in the County '::ourt•house, Vero Reach, Florida on i-tednesday, February.8, 1978 at 2:00 o'clock P.M. Sincerely yours,. F1.6da wril;ht Clerk .3C FES 81978 booK 33 PAE43 4 - BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, in.. Chairman ALMA LEE LOY. Vice Chairman l' • .� '` WILLARD W. SIEBERT. JR. EDWIN S. SCHMUCKEP, J•''�^^—Y"a�1�'0j i R. DON DEESON W4i•�� , .TACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach. Florida 329,7 December 6, 1977 Doris Hunt - 32 Maverick Street Marblehead, Pia, 01945 Dear Ms hunt: t In compliance with Florida Sta.rute 125.66 the following is a Notice of .Public he4ring for rezoning. NOTICE The Zoning Map will be changed in order that the foll.owing described property situated in Indian River County, Florida to wit: Lots 1 through 16, Block 4 and Lots 1 through 8 Block 3, Grovenor Estates, Unit No, 1, as in Plat - book 4, page 79, Indian river County, Florida Records and Lots 9 through 16, Block 3 and Che 7.90 acres recordect as Block 711, Grovenor Estates, Unit No. 2, as in Platboo'c 5, page 18, Indian River County, Florida Records Be changed from C--1 Conimorcial Iiistri.ct to R-1 Single Family District. A public hearing in relation thereto will. be hold by the Board .of County Car,r7i.ssioner5 of Indian River County, Florida. in the County '::ourt•house, Vero Reach, Florida on i-tednesday, February.8, 1978 at 2:00 o'clock P.M. Sincerely yours,. F1.6da wril;ht Clerk .3C FES 81978 booK 33 PAE43 BOARD OF COUNTY COMMISSIONERS R•- =_' (^ • WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY. VicoChairman t l::;7,• ►�' WILLARD W. SIEBERT. JR: sa EDWIN S. SCHMUCKER I�, t R. DON DEESON JACK G. JENNINGS, Administrator 2145 14th Avenue Vero Beach. Florida 32960 December 6, 1977 Leonard Aylward 247 Rice Avenue Revere, ria. 02151 Dear Air. Aylward: In compliance with Florida Statute 12.5.66 the following .is a Notice of Public Hearing for rezoning. NOTICE The Zoning Map will be changed in order -that the following described property situated in Indian River County, Florida to wit: Lots 1 through 16, Block 4 and Lots 1 through 8 Block 3, Grovenor Estates, Unit No. 1, as*in Pl, book 4, -page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3 and the 7.90 acres recon' as Block 7A, Grovenor Estates, Unit No. 2, as in Pl.-.. Ok 5, page 18, Indian River County, Florida Records Be changed from C-1 Commercial District -to R-1 Single Family District. A public hearin,-, 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, February 8, 1973 at 2:00 o'clock P.M. Sincerely yours, Ce'qgt ,. Freda Wriglit l Clerk of . 9,113 C:•:i-`+ice.. . _ ztL`Pdv.^�2i.'�IZT.•.'W:rnx"^�u�P,�...^�v c'�rrsx�33��u:0.�.:°'�.^.^.TL^"""t ... va��'�''ha�,w•-s.�.►4P FEB 81978 �aaK 33 eA,E 4 y OF BOARD OF COUNTY COMMISSIONERS R•- =_' (^ • WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY. VicoChairman t l::;7,• ►�' WILLARD W. SIEBERT. JR: sa EDWIN S. SCHMUCKER I�, t R. DON DEESON JACK G. JENNINGS, Administrator 2145 14th Avenue Vero Beach. Florida 32960 December 6, 1977 Leonard Aylward 247 Rice Avenue Revere, ria. 02151 Dear Air. Aylward: In compliance with Florida Statute 12.5.66 the following .is a Notice of Public Hearing for rezoning. NOTICE The Zoning Map will be changed in order -that the following described property situated in Indian River County, Florida to wit: Lots 1 through 16, Block 4 and Lots 1 through 8 Block 3, Grovenor Estates, Unit No. 1, as*in Pl, book 4, -page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3 and the 7.90 acres recon' as Block 7A, Grovenor Estates, Unit No. 2, as in Pl.-.. Ok 5, page 18, Indian River County, Florida Records Be changed from C-1 Commercial District -to R-1 Single Family District. A public hearin,-, 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, February 8, 1973 at 2:00 o'clock P.M. Sincerely yours, Ce'qgt ,. Freda Wriglit l Clerk of . 9,113 C:•:i-`+ice.. . _ ztL`Pdv.^�2i.'�IZT.•.'W:rnx"^�u�P,�...^�v c'�rrsx�33��u:0.�.:°'�.^.^.TL^"""t ... va��'�''ha�,w•-s.�.►4P FEB 81978 �aaK 33 eA,E 4 BOARD OF COUNTY CMAMISSIONERS WILLIAM C. WODTKE, JP., Chairman ALMA LEE LOY. Vice Chairman � i'`.=•: "� WiLLARD W. SIEBERT, JR. EDWIN S. SCHMUCKEP, R. DON DEESON I , JACK G. JENNINGS+.Administrator 2145 14th Avenue Vero Beach, Florida 32961' December 6, 1977 George Bane, (et al) (Tr.) 28 Esse: St. Lynn, .11a..01902 Dear Mr. Bane: In compliance with Florida Statute 125.66 the following is a Notice of Public Hearing for rezoning. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida to wit: Lots 1 through 16, Block 4 and Lots 1 through 8 Block 3, Grovenor Estates, Unit No. 1, as -in Plat - book 4,.page 79, Indian River County, Florida Records and 'Lots 9 through 16, Block 3 and the 7.90 acres recorded as Block 7A, Grovenor Estates, Unit No. 2, as in Platbook 5, page 18, Indian River County, Florida Records Be changed from C-1 Commercial District to 'R-1 Sing] .e Family District. A public hearing in.relation thereto will be held by the Board of CounC•r Commissioners of Indian River County, Florida in the County Collrthc>tlse, Vero Beach, Florida on Wcdnesday, February 8, 1978 at 2:00 o'clock P.M. Sincerely yours, Freda Wright Clerk c f' FEB81978 zg Ajc� ©OK PAGE 4r .w.iia�:ift$!i .,._•.�,L - cy,._.a.:-.. :.�n.:iCS:ii�w3.",isr.:.s_e: _ __ :.:.�1:y:�uC'— __ �:.:r•..a...'•.�.--�M"�st�::e_i::._ _ _ _ _ _:•�3.2L+.L'..._ �--; BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY. Vice Chairman ��—, , is • ;,A' :.r ' WILLARD W. SIEBERT. JR. 3 ,' • I �� EDWIN S. SCHMUCKER R. DON DEESON JACK G. JENNINGS. Administrator I 2145 14th Avenue Vero Beach. Florida 32000 December 6, 1977 Harvey Indeck 507 Lowell St. Wakefield, Ma. 01880 `Dear Mr. Indeck: In compliance with Florida Statute 125.66 the following is a Notice of Public Hearing for rezoning, s NOTICE The Zoning Map will be changed in. order that the following described property situated in Indian River County, Florida to wit: . Lots 1 through 16, Block 4 and Lots 1 throu;h•8 Block 3, Grovenor Estates, Unit No. 1, as in Plat - book 4, page 79, Indian River County, Florida Records and Lots 9 through 1.6, Block 3 and the 7.90 acres recorded as Block 7A, Grovenor Instates, Unit no. 2, as in Platbook 5, page 18, Indian liver County, Florida Records Be changed from C-1 Commercial District to R-1 Single Family District, A public hearing in relation thereto will be held by the Board of: Count'• Commissioners of Indian livor County, Florida in the County i:oin:thouse, Vero Beach, Florida on Wednesday, February 8, 1978 at 2:00 o'clock P'.1.1. Sincerely yours, • Fzc:c11 Wright (� Clerk of • y 7' I FEB Boos .33 PA -E -.� ��y..w�..--a+:rwi�.�C .......Yr.s...+�r«.v+............+.ta'.r.d»iiL.=�6a..a:r.,. _ _ —_--:.a..✓.t.,raww,.v�..w...v.�:N:'- ':.'a,1.... -ate. -..a:.a+:.........:ea�i::•.,...:. .., Y i BOARD Or COUNTY COMWISSIONCRS WILLIAM C. WODT KE, JR., Chairman ALMA LEE LOY, Vice Chairman 6 /it t ►� WILLARD W. SIEBERT, JR. 8 EDWIN S. SCHMUCKER R. DON DEESON 1 ,TACK G. JEh tdINGS, Administrator 2145 14th Avenue Vero Beach, Florida 32430_ December 6, 1977 Malcolm Indeck 201 Vermon Street Wakefield, Ila. 01880 t Dear sir. Indeck: In compliance with Florida Statute 125.66 the following is a Notice of Public Bearing for rezoning. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida. to wit: Lots 1 through 16, Block 4 and Lots 1 through 8 Block 3, Grovenor Estates, Unit No. 1, as in Plat - book 4, page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3 and the 7.90 acres recorded' as Block 7A, Grovenor Estates, Unit No. 2, as in Platbook. 5, page 18, Indian River County, Florida Records Be changed from C-1 Commercial District to R-1 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 Courthouse, Vero Beach, Florida on Wednesday, February 8, 1978 at 2:00 o'clock P.M. i of R Sincerely yours,. l�Freda Wright ' Clerk >^ru•i�ar�e•,.�t�aern+rrv•►.�:.^^.^..,'R.�_•; . , , • • • r•,.wavuuvam�sa. .+�„ar� BOOK Jj PACE 455 . � �'.iy„•b:::a���,urar-. m - i�::r • _ � , u:�tr+i.le�s �' - t� ' ass. - - -' .�w.n...+...:.Q.�.wS...... r. BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE. JR.. Chairman ' y {� ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT, JR. N. EDWIN S. SCHMUCKER a. R. DON DEESON JENNihiG5. Administrator2145 14th Avenue Vero Beach. Florida 32960 December 6, 1977 *halter J. and Norma Dunn 90 Exchange St. Lynn, Ma. 01901 Dear ivalter and Norma Dunn: in compliance with Florida Statute 125.66 the following is a Notice of Public Hearing for rezoning;. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian•River County, Florida to wit: Lots 1 through 16, Block 4 and Lots 1 through -8 Block 3, Grovenor Estates, Unit No. 1, as in Plat - book 4, page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3 and the 7.90 acres recorded as Blocl: 7A, Grovenor Estates, unit No. 2, as in Platbook 5, page 18, Indian River County, Florida Records Be changed from C-1 Connnercial District to R-1 Single Family District. A public bearing in relation thereto will be held by the Board of County Commis.:i6ners of Indian liver County, Florida in the Count -v_ Courthouse, Vero Bo:ch, Florida on Wednesday, February 8, 1978 at 2:00 o'clock P.M. Sincerely yours, 1, } Freda Wrial Clerk of ' �f3 ,.��.�r,•...,�=:�''�"•LF... �-. ,�°�.�:�..;•,T:39��^�.TE�?"::w_.i°Sd:.t�•,s+Y^":a�':'.-�"�,.�•;�'^,_S'*�"••.,.....,....:,..a.....�:��''.''.,�.'.::.�i F E 8 81978 �r tax 3 •-�-_ �'-ySmWiiM�Q,&v�rr•u�ar.e.^s�ti,�u'a=��.:s:.c..+..i"` :.sem-�,:s.:r..�•a..s�,.ilu�.�...w.Jt:w..�:,icsrti,tl•A.f.:s.a.�. BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairman �'J t • •WILLARD W. SIEBERT. JR. EDWIN S. SCHMUCKER R. DON DEESON JACK G. JENNINGS. Administrator 2145 14th Avenue Vero beach, Florida 32800 December 6, 1977 Shirley Chati6 26 Evans Road Peabody, Pia. 01960 Dear Ms. Chatis: In compliance with Florida Statute 125.66 the following is a Notice of Public hearing for rezoning. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian -River County, Florida to wit: Lots 1 through 16, Block 4 and Lots 1 throuch 8 Block 3, Grovenor Estates, Unit No. 1, as in Plat - book 4, page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3 and the 7.90 acres recorded as Block 7A, Grovenor Estates, Unit No. 2, as in Platbool 5, page 13, Indian River County, Florida Records Be changed from C-1 Commercial District to.R-1 Single. Family District. A public hearin;; in relation thereto will be held by the Board of Cottnt:v Commissioners of Indian River County, Florida in the Cou'nt:y Courthouse, Vero Beach, Florida on Wednesday, February S, 1.973 at 2:00 o'clock 1,.M. Sincerely yours, Freda Wright Clerk of M � "�j"s^9ix�+'°rq^'F�!`-�° +o^E`775�"t'!1"..w,�..'po�„�s laa�•`,1p'La�t�\n^�"�,r'"'m�"?2•+^�°°'Rr. .; a. .........:am t,,...,.....s .............,.....".� ......_..._......,�. ........_..L.._. m .L. .ice.. .-,..°,L.•m..�...:.:..........ti:... FEB 8197 e 4 BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR.. Chairman ALMA LEE LOY. Vice Chairman • WILLARD W. SIEBERT. JR. N 11 43 �.s F,DWIN S. SCHMUCKER R. DON DEESON ,LACK G. JENNINGS. Administrator 214514th Avenue Vero Beach. Florida 32960 December '6, 1977 Paul and Madeline H. Medin 3 Ashmont Road Wellesley Hills, Ma. 02181 Dear Paul and Madeline Medin: Incompliance with Florida Statute 125.66 the following is a Notice of Public Hearing for rezoning. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian-Ri'ver County, Florida to wit: Lots 1 through 16, Block 4 and Lots 1 through 8 Block 3, Grovenor Estates, Unit No. 1, as in Plat - book 4, page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3 and the 7.90 acres recorded• as Block 7A, Grovenor Estates, Unit No. 2, as in Platbook 5, page 18, Indian River County, Florida Records Be changed from C-1 Cotmnercial District to k-1 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 Courthouse, Vero Poach, Florida on Wednesday, February 3, 1973 at 2:00 o'clock P.M. Sincerely yours, Preda Wright of Clark lb< �......_�.+..:. i...� ua .�....:.,.3X%:;.�:��s�°$%'�r"3Z�"1°.�"�;�:i•�.ss�.?nt:,r.•..i.�.'.u,�.,aa�BYF�ts'.�.'l: u--'-�•y—„,�_. FEB '8 1978 33 BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY• Vico Chairman WILLARD W. SIEBERT• JR. e EDWIN S. SCHMUCKER R. DON DEESON iistrator 2145 14th Avenue Vero Beach, Florida 32 PC! December 6, 1977 .William E. Quinn 6 Lawson Drive South Merrimack, N.H. 03083 Dear Mr. Quinn In compliance with Florida Statue 125.66 the following is a Notice of Public Hearing for rezoning. NOTICE The Zoning Map will be changed in order that the following •o-'.. described property situated in Indian River County, Florida x to wit: Lots 1 through 16, Block 4 and Lots 1 through 8 Block 3, Grovenor Estates, Unit No. 1, as in Plat - book 4, page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3 and the 7.90 acres recorded as Block 7A, Grovenor Estates, Unit No. 2, as in Platbook 5, page 18, Indian River County, Florida Records Be changed from C-1 Commercial District to R-1 Single Family District. fir.. A public Iicarinl; in -relation Lhcreto will be held by the Board of County Commissioners oi: Indian River County, Florida in the County Courthouse, Vero Iie1Ch, F1U1"x da on WCdI1CSiIily, February 8, 1.978 at 2:00 o'clock P.M. Sincerely yours, Ll Frcd,l Wright I� Clerk ..ra•.:-4z _ ..nmaa�s�asprxo'�.�ata�.+am '3�P'S.mr�:�-�-;•^'&ss FEB 81979 �oa�c -33 PAAr UE 459 Ww'si'..d.-- '•-.'•'a.�.-."•'..aeii �"__- :St"'•LL+a�•_ _ _.rilr:.c'�rii_.aL-..a.___�.:d...:e.:aar.._�--_,..._.,._..�.x.:'^�.�i="-+.=-�tmaa:.+.+w..,. BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTK£, JR., Chairman ALMA LEE LOY, Vice Chairman 't. ►C WILLARD W. SIEBERT, JR. EDWIN S. SCHIdUCKER R. DON DEESON JACK G. JF.NNINGS, Administrator 2145 14th Avenue Vero Beach, Florida 329E December -6, 1977 Morton Baum 2 Morningside Drive Swampscott, Ma. 01907 Dear Por. Baum: In compliance with Florida Statute 125.66 the following, is a Notice of Public Bearing for rezoning. NOTICE The Zoning Map will be changed in order that the follG.ing described property situated in Indian River County, Florida to wit: Lots 1 through 16, Block 4 and Lots 1 through•8 Block 3, Grovenor Estates, Unit No. 1, as in Plat - book 4, page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3 and the 7.90 acres recorded - as Block 7A, Grovenor Estates, Unit No. 2, as in Platbook S, page 18, Indian River County, Florida Records to changed frog C-1 Commercial D4stri.ct to R-1 Single Family District. A public hearing; in relation thereto will be held by the Board of Country Comiaissi.oners of Indian. River County, Florida in the Country Courthouse, Vero Beach, Florida on Wednesday, February 8, 1978 at 2:00 o'clock P.M. Sincerely yours, Freda Wright Clurk of I c��'�l'!F�• � --- ----- aameaa-_- ; ..,_ -r,, ' a+r.��rr u�nca�as�.r�nanuamsrx �+,ca�+a sa��ra��+ra� F E 8 81978 tj J PAGE' 460 I 4 �- BOARD OF COUNTY COKAIN ISSIONFRS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY. Vice Chairman WILLARD W. SIEBERT, JR. i EDWIN S. SCHMUCKER JAkp�yTM► R. DON DEESON i .TACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach. Florida 329cO December 6, 1977 .Arthur Green 140 Boyston Street Malden, Ma. 02148 -Dear Mr. Green: In compliance with Florida Statute 125.66 the following is a Notice of Public Hearing for rezoning. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian -River County, Florida to wit: Lots 1 through 16, Block 4 and Lots 1 through 8 Block 3, Grovenor Estates, Unit No. 1, as in'Plat- book 4, page 79, Indian River County, Florida. Records and Lots 9 through 16, Block 3 and the 7.90 acres recorded as Block 7A, Grovenor Estates, Unit No. 2, as in Platbook: 5, page 18, Indian River County, Florida Records Be changed iron C-1 Conmiercial District to R-1 Single Family District. A public hearing; in relation thereto will be held by the Board of County. Conuuissioncrs of Indian liver Coinity, Florida in the County Courthouse,, Vero Beach, Florida on Wednesday, February 8, 1975 at 2:00 o'clock P.M. Sincerely yours, L C "xl Freda Wright. ef Clerk ..::ea.r._..... tea- Ssaxi. .<.....,.._... ... .:1n-�.a...:-.7:. :Ym:oi4m ly.a.•. .. ......�. _...wG: .w�:..'t .�...... ...;..a.....e,. ...... �:.~,...Y„' .9'.9.4', '+N,.fAB1 f E 8 81878boa 33 PAVE 40"1 r BOARD OF COUNTY COMMISSIONERS f \�� WILLIAM C. WODTKE, JR.. Chairman V ALMA LEE LOY. Vice Chairman r' W,ILLARD W. SIEBERT. JR. EDWIN S. SCHMUCKER R. DON DEESON .INGS, Administrator f 2145 14th Avenue Vero Beach, Florida 32980 December 6, 1977 Burton Green 26 Gerald Road Marblehead, ;la. 0194.5 Dear Mr. Green: In compliance with Florida Statute 125.66 the following is a Notice of Public Hearing for rezoning. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian'River County, Florida to wit: Lots 1 through 16, Block 4 and Lots 1 through 3 Block 3, Grovenor Estates, Unit No. 1, as in Plat -- book 4, page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3 and the 7.90 acres recorded as Block 7A, Grovenor Estates, Unit No. 2, as in Platbook 5, page 18, Indian River County, Florida Records Be changed from C-1 Cotmnercial District to R-1 Single Family District. A public hearing in relation thereto will be held by the Board of Count :v ' C:onnmissioners of Indian River. County, Florida in the County k'sourthouse, Vero Beach, Florida on Wednesday, February 8, 1973 at 2:00 o'clock P.M. Sincerely yours, IL C Freda Wright 0 of Clerk Boa X33 Puf 462 l:.l s...,_.., ,�._.,.._....n.. ..� _...,�.._. a....�,..s�,....w...a...s_... �, ..<..._.v. _. _...m1.... ._. ..... ,. __ ..... ... .....y..a. .. ,:.. ..a,.._.,,-...�.ac,,,:„w.,,..�a_.,a......,w..,..,...:z •.,.. ............'q�' Boa X33 Puf 462 �yyyy,,�..iw..si/r.►'iiYi'�%^J�.tfr4Au•___ —•H i:e�L�-. _ _ � `�y,•w .. — __ � ___ _�rww.�- - �v.2::•11w�wssir.i "S��`._.. BOARD OF COUNITY COMM1SS10r4E2S l�Jf'{2� ti WILLIAM C. WODTKE, JR.. Chairman ♦ r ALMA LEE LOY. Vice Chairman WILLARD W. SIEBERT. JR. EDWIN S. SCHMUCKER `w R. DAN DEESON a JACK G. JENNINGS, Administrator 2145 14th Avenue Vero Beach. t'loridn 32951 December 6, 1977 Benjamin A. Glosband 156 Borad St. Lynn, Ila. 01901 Dear Mr. Glosband: In compliance with Florida Statute 125.66 the following is a Notice of Public Hearing for rezoning. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian•River County, Florida to 'wit : Lots 1 through 16, Block 4 and Lots 1 through 3 Block 3, Grovenor Estates, Unit No. 1, as in Plat - book 4, page 79, Indian River County, Florlda Records and Lots 9 through 16, Plock 3 and the 7.90 acres recorded - as Block 7A, Grovenor Estates, Unit No. 2, as in Platbook 5, page 18, Indian River County, Florida Records Be changed from C•-1 Commercial District to -R-1 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 Courthutiso, Vero Beach, Florida on Wednesday, February 8, 1973 at 2:00 o'clock P.11-1. Sincerely yours, qd Fred I Wright Clea7k of �-i F E B 81978 600K - 33 PAGE 463 Stuart B. Smith 15 Range Height Terrace Lynn, Ila. 01904 Dear Mr. Smith: In compliance with Florida Statute 125.66 the following is a Notice of Public Hearing for rezoning. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida to wit: Lots 1 through 16, Bloch 4 and Lots 1 through 8 Block 3, Grovenor Estates, Unit No. 1, as in Plat - book 4, page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3 and the 7.90 acres recorded as Block 7A, Grovenor Estates, Unit No. 2, as in Plat -book 5, page 18, Indian River County, Florida Records Be changes? from C-1 Commercial District to R-1 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 Courthouse, Vero ];each, Florida on Wednesday, February 8, 1978 at 2:00 o'clock P.M. Sincerely yours, Freda Wright Clerk of FEB 81978 �ooK 33 FAUE 4U BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT. JR. EDWIN S. SCHMUCKER A. DON DEESON JACK Q. JENNINGS. Administrator 2145 14th Avenue Vero Beach, Florida 32cG0 December 6, 1977 Stuart B. Smith 15 Range Height Terrace Lynn, Ila. 01904 Dear Mr. Smith: In compliance with Florida Statute 125.66 the following is a Notice of Public Hearing for rezoning. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida to wit: Lots 1 through 16, Bloch 4 and Lots 1 through 8 Block 3, Grovenor Estates, Unit No. 1, as in Plat - book 4, page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3 and the 7.90 acres recorded as Block 7A, Grovenor Estates, Unit No. 2, as in Plat -book 5, page 18, Indian River County, Florida Records Be changes? from C-1 Commercial District to R-1 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 Courthouse, Vero ];each, Florida on Wednesday, February 8, 1978 at 2:00 o'clock P.M. Sincerely yours, Freda Wright Clerk of FEB 81978 �ooK 33 FAUE 4U BOARD OF COUNTY COMMISSIONERS if t WILLIAM C. WODTKE. JR., Chairman yy ALMA LEE LOY• Vice Chairman A.t WILLARD W. SIEBERT. JR. EDWIN S. SCHMUCKER R. DON DEESON >nCK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach, Florida 32RGn December 6, 1977 Robert K. Newhall 35 Savory St• Lynn, Ila. 01904 Dear Mr. Newhall: In compliance with Florida Statute 125.66 the following, is a Notice of Public Hearing for rezoning. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian•Ri-ver County, Florida to wit: Lots l through 16, Block 4 and Lots 1 through 3 Block 3, Grovenor Estates, Unit No. 1, as in'Plat- book.4, page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3 and the 7.90 acres recorded •as Block 7A, Grovenor Estates, Unit No. 2, as in Platbook 5, page 18, Indian River County, Florida Records Be changed from C-1 Commercial District to R-1 Single Family District. A pAlic hearing in relation thereto will be held by the Board of Count%i Com,lissioners of Indian River County, Florida 'in the Coutity-ourthouse, Vero Keach, Florida on t•:ednesday, February 8, 1975 at 2:00 o'clock P.M. Sincerely yours, Freda Wright Clerk of �3 �Ii�:. �.. a -.... �.....� '*ter F^•°, b .. sc'.W'..ww.• v ...a.. .nsni. - .�. •'-.a 1....:i.:.e�:�...l�.iu�.sali. � •. L•t .<u:fu..aL Ys,. �i441...e.n ..a..� -I \J.. - �.:ti'"- � _�_ �:Se..>•. FEB 81978 MOK 33 FAGS 465 BOARD OF COUNTY COMMISSIONERS 5— rl WILLIAM C. WODTKE. in., Chairman ALMA LEE'LOY, Vice Chairman WILLARD W. SIEBERT. JR. EDWIN S. SCHMUCKER R. DON DEESON JACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach. Florida 32961) December 6, 1977 Harry Sanfran 100 Vista Blvd. Apt. 205, Bldg. 12 Vero Beach, Florida -32960 Dear Mr. Sanfran: In compliance with Florida Statute 125.66 the following is a Notice of Public Hearing for rezoning. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian'Ri'ver County, Florida to wit: Lots 1 through 16, Block 4 and Lots 1 through 8 Block 3, Grovenor Estates, Unit No. 1, as in Plat - hook 4, page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3. and the 7.90 acres recorded - Block 7n, Grovenor Estates, Unit No. 2, as in Platbook 5, page 13, Indian River County, Florida Records Be changed from C-1 Commercial District to R-1 Single Family District-. A public hearinn in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida in the Cotinty C,ourthott:.a, Vero Reach, Florida on Wednesday, February 3, 1973 at 2:00 o'clock P.M. Sincerely yours, Fi:eda Wright Clerk of i.L`7� --- - - nnreaas v -m. wr..w�..mK,raawi+cmc_••.•--s•.._•si+scea�e�ceaac+�awec�put:;a:+y�e su�s�tps 6009 .33 PAcE4' 6 BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, in., Chairman ALMA LEE LOY. Vice Chairman WILLARD W. SIEBERT. JR. EDWIN S. SCHMUCKER R. DON DEESON JACK G. JENNINGS, Administrator 2145 14th Avenue Vero Beach, Florida 32£r^ December 6, 1977 Melvin Sable 18 Imbrie Street Randolph, Iia, 02368 Dear Iir. Sable: In compliance with Florida Statute 125.66 the following; is a Notice of Public Hearing for rezoning, NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida to wit: Lots 1 through 16, Block 4 and Lots 1 through -8 Block 3, Grovenor Estates, Unit No. 1, as in Plat - book 4, page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3 and the 7.90 acres recorded as B1ocI: 7A, Grovenor Estates, Unit No. 2, as in Platbook 5, page 18, Indian River County, Florida Records Be changed from C-1 Commercial District to R-1 Single Fancily District. A public hearing in relation thereto will be held by the Board of County Commissioners of Indian River Country, Florida in the County Courthou.;c, Vero Beach, Florida on Wednesday, February 8, 1978 at 2:00 o'clock P.M. Sincerely yours, Freda Wright Clerk of U jj PAULff QIT 01 4 s JACK G. JENNINGS. Administrator BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR.. Chairman ALMA LEE LOY, Vice Chairman WILLARD VJ. SIEBERI, JR. EDWIN S. SCNMUCY.ER R. DON DEESON 2145 14th Avenue Vero Beach, Florida 329,;G December 6, 1977 Perry Goldman 173 Shetland Drive [dilliamsville, N.Y. 14221 Dean Mr. Goldman: In compliance with Florida Statute 125.66 the following is a Notice of Public Hearing for rezoning. NOTICE The Zoning Map will be changed in order that the fallowing described property situated in Indian River County, Florida to wit: Lots 1 through 16, Block 4 and Lots 1 through 8 Block 3, Grovenor Estates, Unit No. 1, as in Plat - book 4, page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3 and the 7.90 acres recorded as Black 7A, Grovenor Estates, Unit No. 2, as in Platbook 5, page 18, Indian River County, Florida Records Be changed from C-1 Commercial District to R-1 Single Family District. A public Bearing in -relation thereto will be held by the Board of Count,,, Comcii.ss:ioners of Indi.an, River County, Florida in the County 'Courthouse, Vero Beach, Florida on Wednesday, February 8, 1978 at 2:00 o'clock P.M. .Sincerely yours, Freda Wright ' Clerk Of FEB 81978 KOK tjj PAGE 4US 01 4 t BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODUE, in., chairman ALMA LEE LOY. Vice chairman WILLARD W. SIEBERT. JR. E \` � � ,• ;, +,,� iz; • EDWIN S. SCHMUCKER • �1 R. DON DEESON `O[t .%K G. JENNINGS. Administrator 2145 14th Avenue Vero Beach, Florida 320x4 December 6, 1977 Fannie Green 140 Boylston Street Malden, Ma. 02148 Dear 14s. Green: In compliance with Florida Statute 125.66 the following is a Notice of Public Hearing for rezoning;. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida to wit: Lots 1 through 16, Block 4 and Lots 1 through 8 Block 3, Grovenor Estates, Unit No. 1, as in Plat- e book 4, page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3 and the 7.90 acres recorded - as Bloc; 7A, Grovenor Estates, Unit No. 2, as in Platbook 5, page 18, Indian River County, Florida Records Be changed from C-1 Commercial. District to R-1 Single Family District. A public hearing; in relation thereto will be held by the Board of County ColmnLssioncrs of Indizn River County, Florida in the County CourLhouse, Vero Beach, Florida on Wednesday, February 8, 1978 at 2:00 o'clock P.M. Sincerely yours, Freda Wright () Clerk ef bi. •. +f Z- SA$t6' .52PYAs@ iJAB�'4�.`9 FEB 81978 �� PacE469 !;-➢;.. i_` BOARD OF COUNTY CONIMISSiONERS �, y���=•� . WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY. Vice Chairman IZ . `•y! "C WILLARD W. SIEBERT, JR. EDWIN S. SCHMUCKER R. DON DEESON JACK G. JENNINGS. Administrator 2145 44th Avenue Vero Beach, Florida 32960 December 6, 1977 6- Benjamin Dores 37 Pine Street Swanpscott, 11a. 01907 Dear Mr. Dares: In compliance with Florida Statute 125.66 the following, is a Notice of Public Hearing for rezoning,. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida to wit: Lots 1 through 16, Block 4 and Lots 1 through 8 Block 3, Grovenor Estates, Unit No. 1, as in Plat - book 4, page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3 and the 7.90 acres recorded as Block 7A, Grovenor Estates, Unit No. 2, as in Platbook 5, page 18, Indian River County, Florida Records Be changed from C-1 Commercial District to R-1 Single Family District. A public hearing in relation thereto will be held by the Board of Comity Cummi:ssioners of Indian River County, Florida in the County Courthouse, Vero Beach, Florida on Wednesday, February 8, 1978 at 2:00 o'clock P.M. Sincerely yours, Freda lil- I ght Clerk of Uut U 4i� sv, e 4 . .�..._..._�_.... ...r. -`-l.. .. .._ -' .,.__ _. .._._.._.taL.ir.:.►.,0+,..4.mr.L�....r.re.3rii+.ers.r __ _ __. _.�_... BOARD OF COUNTY COMMISSIONERS � WILLIAM C. WODTY.E, JR., Chairman �y ALMA LEE LOY. Vice Chairman ;X' r WILLARD W. SIEBERT, JR. 1� EDWIN S. SCHMUCKER pp� a R. DON DEE,SON [.GR JACK G. JENNINGS. Administrator 2145 141h Avenue Vero Beach. Florida 32960 December 6, 1977 John H. and Ester L. 1-7ollenhaupt Powder Horn - Box 102B Jefferson; PIa. 04348 Dear John H. and Ester L. Elollenhaupt In compliance with Florida Statute 125.66 the following; is a Notice of Public Hearing for rezoning. NOTICE The Zoning Map will be changed in order that'the following described property situated in Indian -River County, Florida to'wit: Lots'l through 16, Block 4 and Lots 1 through 8 Block 3, Grovenor Estates, Unit No. 1, as in -Plat - book 4, page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3 and the 7.90 acres recorded as Block 7A, Grovenor Estates, 'Jnit No. 2, as in Platbook 5, page 18, Indian River County, Florida Records Be changed from C-1 Commercial District to R-1 Single Family District. A Public hearing; in relation thereto will be hold by the. Board of County Corn,iis ,ioners of Indian I:ivcr County, Floridz-L in the County Courthouse, Vero Beach, Florida on Wedne ;day, February 8, 1975 at 2:00 o'clock P.M. Sincerely yotirs, Freda Wright V Clerk of ...... rq gookPAGE 1 L1 EVT~ BOARD OF COUNTY COMMISSIONERS :n -� WILLIAM C. VIOOTKE, JR., Chairman ALMA LEE LOY, Vice Chairman i�rr r•. "C WILLARD W. SIEBERT. JR. s;i EDYJIN S. SCHMUCKEP. R. DON DEESON ix ItLt./ JACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach. rloridn 3291:0 December 6, 1977 Phillip Rossi 970 Salem St. Lynnfield, Ma. 01940 Dear 14r. Rossi: In compliance with Florida Statute 125.66'the following is a Notice of Public Hearing for rezoning. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida to wit: Lots 1 through 16, Block 4 and Lots 1 through 8 Block 3, Grovenor Estates, Unit Ido. 1, as in Plat - book 4, page 79, Indian River County, Florida Records and Lots 9 through 16, Block 3 and the 7.90 acres recorded as Block 7A, Crovenor Estates, Unit No. 2, as in Platbook 5•, page 18, Indian River County, Florida Records Be changed fro, -,I C-1 Commercial District to R-1 Single Family District-. A public hearing in'relation thereto will be held by the Board of County Co:rrmissioners of Indian River County, Florida in the County Courthou::e, Vero Beach, Florida on Wednesday,February, 3, 1978 at 2:00 o'clock P.M. Sincerely yours, Freda Wright 4J ofClork ". a u fs .•s _ � U >.. -.� �.r. ar OW zmmv QMmmVC3 mc VAU mum W Im FEB 8 1978BOOK 3 PAUE� I2 t� BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE• JR.. Chairman `� r' ✓ ALMA LEE LOY, Vice Chairman �; ►C WILLARD W. SIEBERT, JR. j t : FDWIN S. SCHMUCKER 0I R. R. DON DEESON JACK G. JENNINGS, Administrator 2145 14th Avenue Vero Beach, Florida 32960 'December 13, 1977 Mr. Phillip Rossi 4160 N.W. 103 Drive Coral Springs, Florida 33060 Dear Mr. Rossi- In compliance with Florida Statute 125.66, the following is a Notice of Public Hearing for rezoning. -NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida, to wit: •Lots 1 through 16, Block 4 and Lots 1 through 8 Block 3, Grovenor Estates, Unit No, 1, as in Plat - book 4, page 79, Indian River County, Florida Records, and Lots 9 through 16, Block 3 and the 7.90 acres recorded as Block 7A, Grovenor Estates, Unit No. 2, as in Plat - book 5, page 18, Indian River County, Florida records Be changed from C-1 Commercial District to R-1 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 Courthouse, Vero Beach, Florida on Wednesday, February 8, 1978 at 2:00 o'clock P.M. Sincerely yours, ..Freda Wright, Clerk of �o FEB 81978 %j�GE'1 ASSISTANT PLANNER BERG PRESENTED SLIDES OF THE SUBJECT PROPERTY AND STATED THAT IT IS LOCATED ON THE 'SOUTH SIDE OF OSLO ROAD WEST OF 31ST AVENUE. HE EXPLAINED THAT THE INITIAL APPLICATION ONLY INVOLVED REZONING OF BLOCKS 3 AND 4, BUT IT WAS FELT THIS WOULD BE SPOT ZONING SO THE PLANNING & ZONING COMMISSION HELD A HEARING ON RE- ZONING THE ENTIRE AREA, INCLUDING BLOCK 7A, FROM C-1 TO R-1. MR. BERG CONTINUED THAT THIS IS ALSO AN AREA WHERE THE PLANNING DEPARTMENT HAS MADE A STUDY AND WILL BE RECOMMENDING THAT THE AREA BE ZONED BACK FROM C-1 TO A MORE RESIDENTIAL USE. THEREFORE, THE REQUESTED REZONING TO R-1 HAS THEIR APPROVAL. MR. BERG NOTED THAT THIS IS MAINLY A RURAL AREA AND NOT FULLY DEVELOPED. HE POINTED OUT;THAT THIS PROPERTY IS ALREADY SUBDIVIDED AND THE STREETS ARE IN, AND HE FEELS IT IS IN THE PROPER TIME FRAME TO REZONE IT BACK TO R-1 FOR WHICH IT WAS ORIGINALLY INTENDED. DISCUSSION FOLLOWED AS TO A MINI -WAREHOUSE LOCATED IN THIS AREA. COMMISSIONER SOY ASKED ABOUT OWNERSHIP OF THE PROPERTY IN QUESTION. ATTORNEY SAM BLOCK EXPLAINED THAT BLOCKS 3 AND 4 ARE MADE UP OF THIRTY-TWO 70 x 130' LOTS AND THERE ARE ABOUT 16 OWNERS. HE INFORMED THE BOARD THAT HE REPRESENTS HARRY SAFRAN, WHO IS PRESENT AT THIS MEETING AND IS THE OWNER OF LOTS 9 THROUGH 16, BLOCK 3, GROVENOR ESTATES, UNIT N0. 2, AND ALL OF BLOCK 7A, WHICH IS 575' x 598'. HE POINTED OUT THAT THE ORIGINAL DRAWING OF THIS SUBDIVISION SHOWED BLOCK 7A AS RESERVED FOR COMMERCIAL, AND MR, SAFRAN PURCHASED IT ON THAT BASIS. ATTORNEY BLOCK FURTHER NOTED THAT AS TO PRESENT USE, ALTHOUGH THE AREA MAY BE RURAL, THE MINI -WAREHOUSE LOCATED NEARBY IS QUITE AN EXTENSIVE COMMERCIAL OPERATION AND THERE IS ALSO A SIGN COMPANY AND A FISH FARM IN THE AREA. HE NOTED THAT MR. SAFRAN HAS NO PROBLEM WITH REZONING THE LOTS TO 2-1 AS THEY WERE ORIGINALLY INTENDED FOR RESIDENTIAL PURPOSES AND ARE TOO SMALL TO BE COMMERCIALLY DEVELOPED IN ANY EVENT, BUT HE FELT THE INTENT WAS TO LEAVE BLOCK 7A COMMERCIAL AND OPPOSES REZONING IT TO R-1. ATTORNEY BLOCK NOTED THAT A LETTER WAS WRITTEN BY MR. SAFRAN'S ATTORNEY IN LYNN, MASSACHUSETTS, OPPOSING THE PROPOSED REZONING, AS FOLLOWS: 64 f E 8 .81978 @QGK 33 Fu c 414 Yb';nm, ,/vcaid O/m, �,�lio9ne � �aa�ry e Board of County Commissioners 2145 14th Avenue Vero Beach, FL 32960 Gentlemen: S9.f-?OJ6 S9J-f0/7 December 1, 1977 I, Harry A. Safran, of 12 Vista Palm Lane, Vero Beach, Florida, am the owner of the following property: Lots 9 through 16, Block 3, and the 7.90 acres recorded as Block 7A, Govenor Estates, Unit No. 2, as in Platbook 5, page 18, Indian River County Records. I hereby notify you that I object to and oppose the request of the Indian River County Board of Planning and Zoning to change to a zoning change of the above described property from C-1 Commercial District to R-1 Single Family District. I am unable to attend' the public hearing scheduled for December 8, 1977• However, I am planning to attend the second public'hearing which is scheduled for Wednesday, February 8, 1978 and to again voice my objection and opposition to the request of the Indian River County Board and Planning and Zoning. Any proposed change.from commercial district to single family district would adversely affect the value of my said land. Very truly yours, HARRY A. SAFRAN By his attorney, NO:fvg Nathan Ogan COMMISSIONER Loy POINTED OUT THAT THIS LETTER OBJECTS TO REZONING ANY OF MR. SAFRAN°S PROPERTY, INCLUDING THE LOTS. ATTORNEY BLOCK STATED THAT MR. $AFRAN HAS SINCE DECIDED NOT TO OPPOSE REZONING OF THE LOTS TO R—I. 65 600A 33 PAVE 4 75 CHAIRMAN WODTKE ASKED IF ANYONE PRESENT WISHED TO BE HEARD. ZONING DIRECTOR WALKER INFORMED THE BOARD THAT HE HAS RECEIVED TWO LETTERS OBJECTING TO THE PROPOSED REZONING AND ASKED THAT THEY BE MADE A PART OF THE RECORD, SAID LETTERS ARE HEREBY MADE A PART OF THE RECORD. 13 FEB . 8 1978 t� l�, BOOK .33 ?AGE 4 1 6 - M December 9, 1977 Ms. Freda Wright ` Clerk Board of County Commissioners 2145 14th Ave. Vero Beach, Florida He: Rezoning Dear Sir: Kindly record my objection to any rezoning of lots that I oven and on which notice of Intention to Rezone was mailed to me on December 6, 1977. The date of the hearing is February 8, 1978. All rights to contest same are expressly reserved* der tr_y ours, tuar 'B.Smith 15 Range Heights Ter* Lynn, Mosso ASSISTANT PLANNER BERG NOTED THAT ALTHOUGH THERE HAS BEEN A SUDDEN RASH OF COMMERCIAL DEVELOPMENT IN THIS AREA, THE PLANNING DEPART- MENT STILL FEELS THAT THE GENERAL CHARACTER OF THE AREA IS NOT COMMER- CIAL. HE CONTINUED THAT THERE ALSO HAVE BEEN A NUMBER OF REQUESTS FOR R-1, AND AN INTERMIXTURE OF HOMES WITH COMMERCIAL IS IMPROPER PLANNING. COMMISSIONER SIEBERT STATED THAT HE PERSONALLY FELT OSLO ROAD IS WELL SUITED FOR COMMERCIAL USES, MR. BERG POINTED OUT THAT THE COMPREHENSIVE PLAN DOES NOT REFLECT COMMERCIAL THERE, AND WE ARE BOUND TO USE THE PLAN AS A GUIDE. ATTORNEY BLOCK FELT THE COMPREHENSIVE PLAN IS JUST A GUIDE, NOT A BIBLE, AND POINTED OUT THAT THE 7.9 ACRE TRACT AS R-1 WOULD HAVE TO BE SUBDIVIDED. HE FURTHER NOTED THAT THIS COMMERCIAL AREA COULD PROVIDE SERVICES FOR THE RESIDENTIAL AREA, WHICH SHOULD BE AN IDEAL SITUATION. HE INFORMED THE BOARD THAT THIS TRACT HAS BEEN ZONED C-1 SINCE 1957. COMMISSIONER SCHMUCKER ASKED IF THE PLANNING DEPARTMENT IN- STIGATED THE PROPOSED REZONING OR WHETHER THEY HAD A REQUEST. JOSEPH C. LEWIS INFORMED THE BOARD THAT HE ORIGINALLY RE- QUESTED THE REZONING TO R-1 ONLY FOR HIS TWO LOTS SO HE COULD BUILD A HOUSE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. FEB .8.1979 800K 33 PAA_/7 MOTION WAS MADE BY COMMISSIONER SIEBERT,, SECONDED BY COMMIS- SIONER SOY, TO ADOPT ORDINANCE 78-2, REZONING BLOCK 3 AND BLOCK 4 OF -GROVENOR ESTATES FROM C-1 TO R-1. IN FURTHER DISCUSSION, IT WAS NOTED THAT YOU CAN'T BUILD A COMMERCIAL DEVELOPMENT ON A 70 X 130' LOT, THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. c BOOK 33 PAGE 418 r ORDINANCE N0. 78-2 01 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 following described property situated in Indian River County, Florida, to -wit: Lots 1 through 16, Block 4, and Lots 1 through 8, Block 3, Grovenor Estates, Unit No. 1, as in Platbook 4, page 79, Indian River County, Florida Records, and Lots 9 through 16, Block 3, Grovenor Estates, Unit No. 2, as in Platbook 5, page 18, Indian River County, Florida Records, Be changed from C-1 Commercial District to R-1 Single Family District. All with the meaning and intent, and as set forth and described in said Zoning Regulations. This Ordinance shall take effect February 14, 1978. FEB 81978 VOK 33 FACE 4 A COMMISSIONER SCHMUCKER INFORMED THE BOARD THAT HE HAS RE- CEIVED THE RESIGNATIONS OF .JERRY CUMMINGS AND DAVID ELDELL FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY COMMITTEE. HE STATED THAT HE ALSO HAS RECEIVED A LETTER FROM THE WEST WABASSO PROGRESSIVE CIVIC CLUB RECOMMENDING THE APPOINTMENT OF WILLIAM RIBGY, JR., AND SOLOMON MURPHY AS THEIR REPRESENTATIVES, AND THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE HAS REVPEWED THIS LETTER AND GOES ALONG WITH THE RECOMMENDA- TIONS. HE ASKED THAT THESE LETTERS BE MADE A PART OF THE RECORD,, AS FOLLOWS.' of of I G f h �e oonydr C el- c'm". JJ 1.0 el:3 1 chfl.y-m�� jqdd ill,#dgm� Wo p comm:l+rc, �.A A� �Orle ��. Otic of au 1eve �'� Pit bov e 70 800K 33 Pa.,r- 430 F T f 3rINj cc 9001 IP QSSTJ�1JnZ ,t ��{ ?y,ryt_ IVO wTAvp 70'3 -(jt [at lV J� C 1�1 , �1� ` � �t t% �f VIP ��J1"i'�/ t CY f 1� TVA l,q ��w>nGta�. -cut t'�-a✓ 9- JP i U -C tg tkvUA n ol jo LAA 3 f ' J January 18, 1978 West Wabass6 Progressive Civic Club Inc. P.O. Box 786 Wabasso, FL 32970 BOARD OF COUNTY COMMISSIONERS Mr. Williams C. Wodlke, Jr., Chairman THE COMMUNITY DEVELOPMENT BLOCK GRANT Mr. Jack G. Jennings, Administrator Mr. Edwin S'.Schmucker, Chairman 2145 14th Avenue Vero Beach, FL 32960 Dear Sirs and Madame: Since the summer of 1977, we have. expressed openly to some of you that we have been*very dissatified with the WEST WABASSO COMMUNITY AREA BLOCK GRANT representatives. We expressed to you that we could not under- stand how you as County Commissioners who represent us all, we hope, would appoint someone because you know them, without the knowledge of, or at least finding out from the people who we feel would do a good job in the best interest of all the people. We find this hard to understand because of the fact that when you want the people of our community to know who is running for County Commissioners, you somehow find the time to come to our churches and community to let us know your intentions. Why is it then, that.in.the same way the community could not have been informed, and at least had a little chance to.voice their opinion as to who we would like to represent us? We believe that America would not have been the America it is today if our great leaders had not said that we "must" have a voice in what we should or should not do. We refer you again to the "Boston Tea Party", one of the starting points of America's first fight for freedom. We do respect the life that Mr. Cummings, and Mr. Eldel live, but living your life alone, cannot get a job done. You must be able to communicate with all of the people, and be able to inform them and let them know exactly what is expected of everyone. This, Mr. Cummings and Mr. Eldel has not done. Many people of our area did not know who our representatives were. Upon finding out, and by putting pieces toc;cther and placing pressure upon our representatives, we were able to learn the half truth. We were lead to believe that the meeting were open only to members of the Block Grant Committee, and that the committee made all the suggestions. Now we feel that the suggestions submitted by Mr. Cummings and his associate were only and only in their interest. We do appreciate the County Commissioners and the Block Grant Committee efforts towards our community and your assistance in helping us with our CETA program, but we honestly do feel that we are not represented justly. To be mislead is a sad feeling. Therefore, we the members of the WEST WABASSO PROGRESSIVE CIVIC CLUB INC.,, met on January 16, 1978, and hereby submit the following names to you, as duly elected persons who we feel are very capable to serve on the Community Block Grant COmmitte to represent the voice of the people of the West Wabasso Area: 1. W. William Rigby Jr., 2.. Mr. Solomon Murphy _For your consideration. 'Humbly Submitted, V ••••T •, !:WEST WABASSO PROGRESSIVE CIVIC CL.INC.. FEB81979 MOK 3 PAGE 482 CHAIRMAN WODTKE STATED SINCE THIS IS THE WISHES OF THE AREA, IT IS ACCEPTABLE TO HIM. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY ACCEPTED THE RESIGNATION OF .JERRY CUMMINGS ANDDAVIDELDELL FROM THE COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY COMMITTEE. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPOINTED WILLIAM RIGBY, JR., AND SOLOMON MURPHY TO THE COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY COMMITTEE. COMMISSIONER SCHMUCKER NOTED THAT FOR A LONG TIME WE HAVE BEEN DISCUSSING THE CEMETERY IMMEDIATELY WEST OF THE GIFFORD SCHOOL AND WHAT WE CAN DO TO RE-ESTABLISH IT AS A CEMETERY. HE CONTINUED THAT THERE HAVE BEEN BURIALS ALL ALONG THE ROAD AND EVEN IN THE RIGHTS -OF -'JAY, AND HE FEELS IT IS VERY IMPORTANT TO DO SOMETHING ABOUT THIS PROBLEM. COM- MISSIONER SCHMUCKER STATED THAT ATTORNEY COLLINS HAS SUGGESTED, AS A LAST DITCH EFFORT, THAT WE CONDEMN THIS PIECE OF PROPERTY IN ORDER TO GET CONTROL OF IT AND SET IT UP AS A CEMETERY. ATTORNEY COLLINS STATED THAT THE REAL PROBLEM INVOLVED IS NOTICE AND TRYING TO GET SERVICE ON PEOPLE WHO MAY HAVE OWNERSHIP, BUT HE FELT WE MUST MAKE SOME MOVE AND STATED IF THE COUNTY WILL DECLARE THIS SHOULD BE USED FOR A CEMETERY, HE WILL DO THE BEST HE CAN TO GET PROPER TITLE INTO THE COUNTY'S NAME. THE BOARD AGREED THAT WE NEED TO GET CONTROL OF THIS PROPERTY AND UTILIZE IT FOR A CEMETERY, WHICH THIS AREA SORELY NEEDS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO INITIATE CONDEMNA- TION PROCEEDINGS ON THE ABOVE PROPERTY AS DISCUSSED. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS PREPARED A DEFINITION OF PARKS AND PLAYGROUNDS, WHICH CAN BE ADOPTED AS AN EMERGENCY ORDINANCE IF THE BOARD SO DESIRES. 73 FEB 81978 BOOK PAGE 83 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY DECLARED THAT AN EMERGENCY DOES EXIST WITH REFERENCE TO A DEFINITION BEING PLACED IN OUR ZONING REGULATIONS RE PARKS AND PLAYGROUNDS. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED EMERGENCY ORDINANCE N0. 78-3, A DEFINITION OF PARKS AND PLAYGROUNDS, AS PRESENTED TO THE BOARD BY ATTORNEY COLLINS. r. 74 FEB 8 1979 Boa -33 PAUE 4 INDIAN RIVER COUNTY ORDINANCE NO. 78-3 AN EMERGENCY ORDINANCE ENTITLED "AN ORDINANCE AMENDING SECTION 2 OF INDIAN RIVER COUNTY ORDINANCE NO. 71-3 AS AMENDED; BY PROVIDING FOR A DEFINITION FOR PARKS AND A DEFINITION FOR PLAYGROUNDS. BE IT ORDAINED BY THE BOARD OF COUNTY COM11ISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that Section 2, Indian River County Ordinance No. 71-3, as amended, is hereby amended to read as follows: PARKS: An area of open land, set aside primarily for public and semi-public use, specifically: (a) Laid out with walks, drives, playgrounds, benches, trees and picnic areas, and recreational uses, (b) A large area known for its natural scenery and reserved for public use. (c) Neighborhood recreation area used primarily by the surrounding property owners. PLAYGROUNDS: A piece of ground used for and usually having facilities for recreation. The above two definitions to be placed in Section 2, in alphabetical order. THIS ORDINANCE shall become effective on February 8, 1978. THIS ORDINANCE was passed on an emergency basis after the Board determined an emergency existed. The vote on the Ordinance was unanimous. BOOK 33 enc 4�5 FRANK ZORC QUESTIONED HOW IT WAS DETERMINED THAT A PLAYGROUND MUST BE A PIECE OF OPEN GROUND, AND THE CHAIRMAN INFORMED HIM THAT THE WORD "OPEN" IS NOT IN THE ORDINANCE UNDER PLAYGROUNDS. MR. ZORC ASKED IF THE INTENT OF THIS ORDINANCE IS TO PROHIBIT A BUILDING FROM BEING USED FOR A PLAYGROUND. ATTORNEY COLLINS STATED THAT HE WOULD INTERPRET IT TO MEAN THAT A BUILDING COULD NOT BE BUILT ON A PLAYGROUND. MR. ZORC STATED THAT HE DOES NOT AGREE WITH THIS AND WOULD LIKE TO KNOW WHY THE BOARD FEELS A BUILDING CANNOT BE A PLAYGROUND. COMMISSIONER Loy INFORMED HIM THAT THIS DECISION WAS REACHED AFTER CONSULTING THE DEFINITION OF PLAYGROUND IN WEBSTER'S DICTIONARY AND ALSO BASED UPON THE RECOMMENDATION OF THE PLANNING DEPARTMENT AND THE BOARD'S OWN FEELINGS. COMMISSIONER DEESON AND COMMISSIONER SCHMUCKER LEFT THE MEETING AT 3:15 O'CLOCK P.M. DUE TO ILLNESS. ENGINEER KEVIN COOLEY APPEARED TO MAKE A PRESENTATION RE THE INDIAN RIVER SOLID WASTE MANAGEMENT PLAN AS PREPARED BY POST, BUCKLEY, SCHUH & .JERNIGAN. HE NOTED THAT THE COMMISSIONERS HAVE NOT HAD A CHANCE TO STUDY THIS DOCUMENT YET, AND HE REVIEWED THE HISTORY OF IT BRIEFLY, TOUCHING ON THE FEDERALLY MANDATED CLOSING OF THE THEN EXISTING LANDFILL AND THE NEED TO ESTABLISH A NEW LANDFILL AND A LONG RANGE PROGRAM. MR. COOLEY EXPLAINED THAT THE SCOPE OF THE PLAN IDENTIFIES AND EVALUATES EXISTING CONDITIONS IN THE COUNTY, SUCH AS GEOGRAPHY, TOPOGRAPHY, HYDROLOGY, CLIMATE, ETC. HE STATED THAT THEY CONSIDERED SIGNIFICANT LOCAL FACTORS SUCH AS POPULATION AND LAND USE TO PROJECT THE SOLID WASTE GENERATION OVER THE NEXT 15 YEARS AND EVALUATED THE EXISTING SYSTEM BOTH IN TERMS OF IMMEDIATE NEEDS AND FUTURE NEEDS TO COME UP WITH WHAT THEY FEEL IS A PRACTICAL, ECONOMICAL AND IMPLEMENTABLE PLAN. ENGINEER COOLEY NOTED THAT THE COUNTY PRESENTLY GENERATES 42,500 TONS OF SOLID WASTE PER YEAR AND INFORMED THE BOARD THAT THIS FIGURE WILL MORE THAN DOUBLE IN THE NEXT 13-15 YEARS. HE FORESAW THE NEED TO REGULATE STORAGE PRACTICES, AND NOTED THAT AFTER RESEARCH, THEY FELT THE EXISTING PROGRAM OF PRIVATE WASTE COLLECTION CONDUCTED COIN- CIDENTALLY WITH THE CONVENIENCE STATIONS SHOULD BE CONTINUED AND THAT 76 FEB81978 WK eA�� 460 THE COUNTY SHOULD NOT GO TO A MANDATORY PUBLIC COLLECTION SYSTEM AT THIS TIME. MR. COOLEY CONTINUED THAT IN THE AREA OF PROCESSING AND DISPOSAL, THEY FORECAST THAT THE NEW LANDFILL WILL LAST FOR AT LEAST 17 YEARS, AND THE EMPHASIS OF THE PLAN, THEREFORE, IS AIMED AT REDUCING THE COST OF DISPOSAL. HE MENTIONED COST REDUCTION MEASURES SUCH AS USE OF AN OPEN -PIT TYPE BURNER OR GRINDER OR SHREDDING MACHINE. IN REGARD TO FINANCING, ENGINEER COOLEY NOTED THAT THE BONDS HAVE ALREADY BEEN SOLD FOR CONSTRUCTION OF THE LANDFILL AND TWO ADDI- TIONAL CONVENIENCE STATIONS, AND THE USER -CHARGE SYSTEM SHOULD BE SUFFICIENT TO PAY THE DEBT SERVICE. HE URGED THE BOARD TO PARTICIPATE IN EXPANSION OF THE CURRENT RESOURCE RECOVERY PROGRAM; SPECIFICALLY, THE PROGRAM THAT THE PILOT CLUB AND SOME OTHERS CONDUCT IN REGARD TO COLLECTING AND RECYCLING ALUMINUM CANS AND NEWSPAPERS, ETC. MR. COOLEY CONCLUDED BY STATING THAT THE PLAN HAS BEEN PREPARED BASED ON THE BEST AVAILABLE INFORMATION THEY HAVE AT THIS TIME, AND AS TIME GOES ON, THE FIGURES WILL NEED TO BE UPDATED. HE NOTED THAT THE PLAN IS SET UP FOR A 20 -YEAR PERIOD. COMMISSIONER LOY ASKED IF WE MUST HAVE THIS PLAN APPROVED BY THE STATE RESOURCE RECOVERY COUNCIL. ENGINEER COOLEY STATED THAT HE UNDERSTANDS THE STATUTE RE- QUIRING ALL COUNTIES TO ADOPT SUCH A PLAN HAS BEEN AMENDED SO THAT AT THE PRESENT TIME ONLY THE 19 DESIGNATED RESOURCE RECOVERY COUNTIES HAVE TO SUBMIT A PLAN, BUT HE FURTHER NOTED THAT THE COMPREHENSIVE. LAND USE PLAN ACT REQUIRES SUCH A PLAN. COMMISSIONER SIEBERT ASKED IF IT MIGHT NOT BE TO OUR ADVANTAGE TO GET DER APPROVAL OF THE PLAN BEFORE THEY ADD TO THEIR REQUIREMENTS. MR, COOLEY FELT THIS MIGHT BE A GOOD IDEA AND STATED THAT HE BELIEVES THE INDIAN RIVER COUNTY LANDFILL HAS BEEN RECOGNIZED AS A MODEL LANDFILL FOR THE STATE OF FLORIDA AND, IN FACT, NO OTHER COUNTY IN THE STATE HAS SUBMITTED A PLAN SO FAR, MR, COOLEY INFORMED THE BOARD THAT BEN DRUCE OF TALLAHASSEE HAS ASKED TO SEE A COPY OF THE COUNTY'S SOLID WASTE MANAGEMENT PLAN WITH THE BOARD'S APPROVAL. THE BOARD NOTED THAT THE PLAN IS ACTUALLY PUBLIC INFORMATION, AND THE ADMINISTRATOR STATED THAT HE WOULD LIKE TO GO TO TALLAHASSEE AND DISCUSS IT WITH MR. DRUCE. 77 FEB 81978 ooK ��� 48 7 COMMISSIONER LOY FELT WE NEED TO ADOPT THE PLAN OFFICIALLY, BUT NOTED THAT THE BOARD WILL NEED TIME TO REVIEW IT. COMMISSIONER $IEBERT STATED THAT HE WOULD HAVE NO OBJECTION TO THE PLAN BEING FORWARDED TO MR, DRUCE ON AN INFORMAL BASIS BEFORE IT IS OFFICIALLY ADOPTED. COMMISSIONER LOY AND CHAIRMAN WODTKE AGREED. ANN ROBINSON, COUNTY RESIDENT, STATED THAT SHE IS VERY PROUD OF THE PLAN AND THE LANDFILL AND COMMENDS THE COUNTY COMMISSION. CHAIRMAN WODTKE ASKED THE ADMINISTRATOR WHEN CONSTRUCTION CAN BE STARTED ON THE TWO ADDITIONAL COLLECTOR STATIONS, PARTICULARLY THE ONE AT GIFFORD, ®ADMINISTRATOR .JENNINGS STATED TgAT HE HAS BEEN TRYING TO GET THE ONE AT FELLSMERE PINNED DOWN. HE CONTINUED THAT HE HAS SENT THE PLANS TO THE STATE AND WAS HOPEFUL THAT WE COULD GET THE GO-AHEAD ON BOTH STATIONS AT THE SAME TIME SINCE IT WOULD BE MUCH EASIER AND MORE EFFICIENT AND ECONOMICAL TO DO IT THAT WAY. COMMISSIONER $IEBERT REPORTED THAT ONE OF THE SANITATION FRANCHISE HOLDERS HAS SENT OUT A LETTER INCREASING RATES ON COMMERCIAL COLLECTIONS OVER 100% AND STATING THE INCREASE WAS CAUSED BY THE LANDFILL CHARGES, WHICH HE DID NOT BELIEVE PRESENTED THE SITUATION ACCURATELY OR FAIRLY. CHAIRMAN WODTKE STATED HE FELT THAT INDUSTRY WILL FIND OUT THAT IT WILL PAY TO INVESTIGATE THEIR PRACTICES. HE CITED AN INSTANCE WHERE A COMPANY THAT USED TO TAKE CARDBOARD CONTAINERS OUT TO THE LANDFILL NOW HAVE FOUND A COMPANY THAT WILL TAKE THE CONTAINERS OFF THEIR HANDS AND PAY FOR THEM, AND FURTHER NOTED THAT SOME GROVE OWNERS, INSTEAD OF CARRYING LEAVES TO THE LANDFILL, HAVE NOW DECIDED THAT THEY CAN BE USED IN THEIR GROVES, ASSISTANT ADMINISTRATOR NEIL' NELSON INFORMED THE BOARD THAT THEY HAVE INITIATED A WARNING EDUCATION PROGRAM IN REGARD TO COVERED AND UNCOVERED TRUCKS AND ARE NOT NOW MAKING THE DOUBLE CHARGE FOR UN- COVERED LOADS, BUT WILL BEING TO DO SO NEXT WEEK. ADMINISTRATOR .JENNINGS DISCUSSED WITH THE BOARD LETTER RE- CEIVED FROM OLIVER W. CARSON REQUESTING THAT THE COUNTY ALLOW THE CITY OF VERO BEACH TO SERVE AN AREA NEAR THE VERO BEACH COUNTRY CLUB WITH ALL UTILITIES. MR. CARSON'S LETTER IS AS FOLLOWS: coax 33 PAUL 488 L i vary, ,®]3 ry�t1,�M0, a f�b'N�9 j.. suite f • • ooeo.n drive emeoutive builclin�s 8600 ooemn drive -veto beucll• fioricl+ .38£160 �• phones 1a051 5e2-3606 or 5Ci2-158`3 � �„ �, �rC1January 25, 1978 Indian River County COMMission Vero Beach, Florida Gentleman: ATT; Jack Jennin'%P, County Aftl.r istrator We are the a rnore of €ppr'oximatoly 7.7 aeras 0= .and located in the CO -Lu ty (as c,escribed ill attachod leiTal). Said 12th v nues anearthe the Vero/do of 30th St. Bea.ch COMtrY Club;,Pon 1li.h and 12th A , This parcel is surrotinded by tha City on three 25608 where all utilities -- sourer, rator & electric am availaaZe We have mace an appli(:ation to the City of Vero Beach to service this area, with all V iliti*so It has been sjjCges ted to us that vc obto-In a 3c-tt.:1' From the Couzaty that -1chcy havo Sao ob joetion to the Gity Of V e::'�i Beach serving this arra,, ate hereby rec?taert :Suez a letter from tho Ccunt)r atrti -Cl that they he -V6 Teo ob j�:c•� -ors to i:+h Cit;y ae'� :�a; 'cYs c, area, prov9.°.•od the City aerees� uo wejviefa it. Your cooperation in this matter will be Creaztly appreciated, Very ADMINISTRATOR JENNINGS STATED THAT THIS AREA IS IN THE COUNTY, BUT NOT IN THE AREA RELEASED FOR THE HOSPITAL. HE QUESTIONED IF THE CITY AGREED TO SERVICE THIS AREA WHETHER IT WOULD COME OUT OF THE COUNTY'S ALLOCATION. DISCUSSION FOLLOWED ON THIS QUESTION AND ALSO THE EXACT LOCA- TION OF THE PROPERTY, AND THE ATTORNEY SUGGESTED THE BOARD WRITE MR. CARSON THAT HIS REQUEST IS AGREEABLE TO THE COUNTY JUST SO LONG AS IT DOES NOT COME OFF THE COUNTY'S ALLOCATION AND THEN INFORM THE CITY OF OUR POSITION. IN FURTHER DISCUSSION, IT WAS FELT THAT BEFORE ANY MORE AREAS ARE GIVEN UP THAT WE SHOULD GO AHEAD•WITH REWORKING THE TRIPARTITE AGREEMENT. 79 FEB 81978 BOOK 33 PAVE 489 CHAIRMAN WODTKE INSTRUCTED THE ADMINISTRATOR TO RESPOND TO MR. CARSON THAT WE ARE IN THE PROCESS OF NEGOTIATING WITH THE CITY ABOUT .THIS MATTER AND ARE NOT IN A POSITION TO GIVE HIM AN ANSWER UNTIL A LATER DATE. ADMINISTRATOR .JENNINGS NEXT BROUGHT UP THE MATTER OF SERVICING PEOPLE LOCATED ON THE 6TH AVENUE WATER LINE, AND INFORMED THE BOARD THAT HE HAS RECEIVED A REQUEST TO TIE ON TO THIS LINE FROM MR. CLARK OF LIEBART COMPANY. HE NOTED IT IS IMPORTANT THAT MR. CLARK HAVE THIS INFORMATION'BY THE END OF FEBRUARY. COMMISSIONER SIEBERT STATED THAT THERE ARE OTHER PROJECTS READY TO GO IN THIS AREA, AND HE KNOWS OF THREE WHO NEED TO MAKE IMME- DIATE DECISIONS AS TO WHETHER TO BUILD THEIR OWN DISPOSAL SYSTEMS. ADMINISTRATOR JENNINGS REPORTED THAT ENGINEER BEINDORF IS MAKING UP A MAP SHOWING PEOPLE WHO HAVE MADE REQUESTS IN THIS AREA, WHICH COULD BE READY FOR THE NEXT MEETING. IT WAS NOTED THAT THE LINE SOON WILL BE IN OPERATION, AND THE ADMINISTRATOR POINTED OUT THAT THERE IS ONLY A CERTAIN CAPACITY AVAILABLE TO ALLOCATE. THE CHAIRMAN NOTED IF WE TAKE THE LINE OVER, WE ARE GOING TO HAVE TO GET INTO THE SEWER BUSINESS, AND GET INTO CHARGES FOR CONNECTION, METERS, ETC. ALSO, THE FLOW METER WILL HAVE TO BE INSTALLED. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAS RE- QUESTED THE DEVELOPERS TO PUT IN WRITING WHAT THEY INTEND TO DO ABOUT THE FLOW METER, AND THE -LAST INFORMATION HE HAD WAS THAT THEY WERE GOING TO INSTALL IT, BUT HE POINTED OUT THAT WE MUST BE SURE THAT THE METER IS EXACTLY TO SPECIFICATIONS. COMMISSIONER SIEBERT STATED THAT HE IS CONCERNED ABOUT PEOPLE BUILDING DISPOSAL SYSTEMS BECAUSE THEY CAN `T GET AN ANSWER. COMMISSIONER LOY ASKED IF THERE IS ENOUGH CAPACITY FOR THAT LINE TO HANDLE ALL THE VACANT PROPERTY IN THAT AREA THE WAY IT IS ZONED. ADMINISTRATOR .JENNINGS POINTED OUT THAT IT DEPENDS ON WHAT IS BUILT ON THE VACANT PROPERTY, AND COMMISSIONER SIEBERT NOTED THERE COULD BE SOME LARGE PROJECTS IN THIS AREA. HE NOTED THERE HAVE BEEN SUGGESTIONS FOR HANDLING THEIR SERVICE WITH SPECIAL STORAGE ARRANGEMENTS AND PUMPING IN SLOW HOURS. FEB81978 � � BOCK � 33m" IN FURTHER CONVERSATION, IT WAS FELT WE DO NOT HAVE SUFFICIENT CAPACITY TO ALLOCATE TO HANDLE ALL THE UNDEVELOPED PROPERTY, BUT COM- MISSIONER LOY FELT IT IS IMPERATIVE WE DECIDE TO ALLOCATE WHAT WE DO HAVE. COMMISSIONER SIEBERT AGREED THAT WE MUST GET WITH THE ENGINEERS TO SEE WHAT OUR CAPACITY IS AND GET A RECOMMENDED PLAN OF ACTION AS SOON AS POSSIBLE. HE NOTED THAT SOME PEOPLE HAVE ASKED IF THEY CAN NEGOTIATE WITH THE CITY ABOUT THIS MATTER. CHAIRMAN WODTKE STATED THAT HE WILL MEET WITH THE ADMINISTRATOR AND ENGINEER BEINDORF AND GET SOMETHING TOGETHER FOR THE NEXT MEETING. FRANK ZORC STATED THAT HE WOULD LIKE TO EXPRESS SOME POINTS FOR THE RECORD. HE NOTED THAT ADMINISTRATOR JENNINGS HAS A FILE OF A NUMBER OF APPLICATIONS, QUITE A FEW OF THEM PROPERTIES THAT ARE SOME DISTANCE FROM THE LINE AND PROBABLY FOR SPECULATIVE PURPOSES, BUT THERE ARE ONLY THREE APPLICANTS THAT ARE READY TO USE THE LINE RIGHT NOW. COMMISSIONER SIEBERT POINTED OUT THAT THERE ARE PEOPLE LIVING ALL ALONG THIS LINE. MR. ZORC NOTED THAT THE COUNTY DOESN'T HAVE ANY APPLICATIONS FROM THEM, BUT THEY DO HAVE APPLICATIONS FROM PEOPLE READY TO USE THE LINE IMMEDIATELY, AND HE WOULD LIKE TO HAVE AN INDICATION THAT THOSE WHO FRONT ON THE LINE WILL BE ABLE TO USE IT. HE CONTINUED THAT IF THERE IS ANY GRAVE DOUBT THAT THEY WOULD BE ABLE TO CONNECT TO THE LINE, HE WOULD LIKE TO KNOW IT NOW. COMMISSIONER SIEBERT FELT THIS CAN BE ANSWERED AT THE NEXT MEETING, THOUGH NOT AS TO COST, AND COMMISSIONER Loy STATED THAT SHE DOES NOT FEEL WE CAN MAKE ANY COMMITMENT TO ANYONE UNTIL WE HAVE MORE ANSWERS. CHAIRMAN WODTKE REITERATED THAT HE WILL TRY TO HAVE MORE IN- FORMATION BY THE NEXT MEETING. ASSISTANT PLANNER BERG REPORTED THAT HE HAS BEEN IN TOUCH WITH A MR. SMITH FROM ATLANTA IN REGARD TO THE FLOOD INSURANCE RATE MAPS. MR. SMITH WILL BE IN ORLANDO ON THE 23RD, AND HE HOPED TO ARRANGE A MEETING WITH HIM HERE ON FEBRUARY 24TH TO ANSWER THE QUESTIONS THAT HAVE ARISEN AFTER MEETING WITH THE ENGINEER AND SURVEYORS ABOUT THE RATE MAPS, FEB 81978 c�s� (JFK PAGE r CHAIRMAN WODTKE REQUESTED THAT MR. BERG CONTACT MR, BEISCHKE IN THIS REGARD. ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT HE PUT ADS IN A NUMBER OF PAPERS AND INTERVIEWED A NUMBER OF PEOPLE IN REGARD TO WORK- ING UNDER THE PUBLIC WORKS PROGRAM AS AN ADDITIONAL PLANNER TO ASSIST FELLSMERE AND SEBASTIAN WITH THEIR COMPREHENSIVE PLANS-. HE STATED THAT HE HAS TAKEN ONE OF THE APPLICANTS, DAVID MARSH, TO SEBASTIAN AND FELLSMERE TO MEET CITY OFFICIALS,AS SUGGESTED BY THE BOARD, AND.THEY HAVE FOUND HIM ACCEPTABLE. THE ADMINISTRATOR CONTINUED THAT MR. MARSH LIVES IN MAITLAND, BUT WANTS TO COME TO INDIAN RIVER COUNTY, THEY HAVE ESTABLISHED.A SALARY OF $14,000. HE RECOMMENDED THAT MR. MARSH BE HIRED AS SOON AS POSSIBLE TO START TO WORK FOR THE TWO MUNICIPALITIES. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, CHAIRMAN WODTKE VOTED IN FAVOR, THE BOARD AUTHORIZED THE ADMIN- ISTRATOR TO EMPLOY DAVID MARSH TO HANDLE THE COMPREHENSIVE LAND USE PLANS FOR THE MUNICIPALITIES OF SEBASTIAN AND FELLSMERE AND AGREED THAT THE MONIES FOR HIS SALARY BE TAKEN FROM THE PUBLIC WORKS APPROPRIATIONS AND HIS SALARY BE ESTABLISHED AT $14,000. COMMISSIONER SIEBERT INQUIRED WHAT WAS BEING DONE TO FILL THE POSITION OF COUNTY PLANNER, AND ADMINISTRATOR KENNINGS STATED THAT THEY HAVE ALREADY PLACED ADS AND ARE RECEIVING APPLICATIONS. COMMISSIONER SIEBERT NOTED THAT HE HAS HAD A REQUEST FROM MEMBERS OF THE ZONING BOARD THAT THEY BE ALLOWED TO HAVE SOME INPUT INTO THAT PROCESS AND MAKE SOME RECOMMENDATIONS THAT THEY THINK WOULD IMPROVE EFFICIENCY. CHAIRMAN WODTKE INSTRUCTED COMMISSIONER SIEBERT TO WORK WITH ADMINISTRATOR .JENNINGS IN REGARD TO SELECTING A NEW COUNTY PLANNER, ATTORNEY COLLINS INFORMED THE BOARD THAT A. MARIAN SOMERS OWNED A PIECE OF PROPERTY IN SUMMERPLACE, WHICH WENT TO A TAX DEED BE- CAUSE OF NON-PAYMENT OF TAXES. THE SUBSEQUENT BIDDING ON THIS PROPERTY WENT OVER THE AMOUNT REQUIRED TO PAY OFF THE CERTIFICATES, AND THE STATUTES REQUIRE 'THAT AN OVERAGE MUST BE PAID BACK TO THE PROPERTY OWNER. THE ATTORNEY REQUESTED THAT THE BOARD AUTHORIZE PAYMENT OF THE OVERAGE TO A. MARIAN SOMERS. FEB81978 #oaf . 33 Put 4`2 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, CHAIRMAN WODTKE VOTED IN FAVOR, THE BOARD AUTHORIZED PAYMENT TO -A. MARIAN SOMERS OF $6,730.17, THE EXCESS AMOUNT ON THE TAX BID, PURSU- ANT TO FLORIDA STATUTES, ATTORNEY COLLINS NEXT INFORMED THE BOARD THAT THE WATER LINE GOING TO GIFFORD WAS ORIGINALLY PLANNED TO GO ON THE WEST SIDE OF 28TH AVENUE WHERE EXISTING EASEMENTS WERE AVAILABLE. IT NOW HAS BEEN DETER- MINED THAT THERE ARE POWER LINES, ETC., WHICH WILL INTERFERE, AND IT, THEREFORE, WILL BE MORE FEASIBLE TO CONSTRUCT THE WATER LINE ON THE EAST SIDE OF 28TH AVENUE. THE ATTORNEY NOTED THAT THE COUNTY OWNS RIGHTS-OF-WAY FOR APPROXIMATELY 4/7 OF THE WAY ON THE EAST SIDE, AND THE COUNTY CONSTRUCTED AND HAS MAINTAINED 28TH AVENUE FOR SOME YEARS, IT WAS HIS OPINION THAT ANY TITLE PROBLEMS COULD BE CLEARED UP BY FILING A MAINTENANCE MAP, AND THEN THE COUNTY CAN PROCEED WITH CONSTRUCTION OF THE LINE. ATTORNEY COLLINS STATED THAT THE MAINTENANCE MAP HAS BEEN PREPARED, AND HE RECOMMENDS THAT THE BOARD AUTHORIZE ITS EXECUTION. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, CHAIRMAN WODTKE VOTED IN FAVOR, THE BOARD DESIGNATED 28TH AVENUE IN BETWEEN P.ORTH AND SOUTH GIFFORD ROADS AS AN AREA THAT HAS BEEN MAIN- TAINED BY THE COUNTY IN EXCESS OF FOUR YEARS AND AUTHORIZED THE APPRO- PRIATE OFFICIALS TO EXECUTE THE MAINTENANCE MAP, ATTORNEY COLLINS REQUESTED AUTHORIZATION TO ADVERTISE. THE REVISED SITE PLAN REVIEW REQUIREMENTS. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, CHAIRMAN WODTKE VOTED IN FAVOR, THE BOARD AUTHORIZED THE ATTORNEY TO ADVERTISE A PUBLIC HEARING ON THE REVISED SITE PLAN REVIEW REQUIREMENTS. ATTORNEY COLLINS INFORMED THE BOARD THAT HE BELIEVES IT IS IMPORTANT TO REVIEW THE REQUIREMENTS OF THE COMPREHENSIVE LAND PLAN ACT, AND HE HAS OBTAINED COMMENTS ON THIS ACT FROM WILLIAM CALDWELL. THE ATTORNEY SUGGESTED THE BOARD TAKE THE STEP OF HAVING THE CHAIRMAN OF THE BOARD MEET WITH THE CHAIRMAN OF THE ZONING COMMISSION AND TRY TO MAP OUT SOME KIND OF TIME FRAME WITHIN WHICH WE WILL BEGIN TO COMPLY WITH THE ACT. CHAIRMAN WODTKE STATED THAT HE HAS RECEIVED A LETTER FROM DICK BIRD, CHAIRMAN OF THE ZONING COMMISSION, ON THIS SAME SUBJECT, AND m. FES �19�� Bow 33 PAcE 491 r AGREED THAT HE, MR. BIRD, ATTORNEY COLLINS AND ATTORNEY CALDWELL, SHOULD MEET AND REVIEW THE MATTER, AND POSSIBLY IT MAYBE NECESSARY TO HAVE A WORKSHOP SESSION BETWEEN THE ZONING COMMISSION AND THE BOARD. ATTORNEY COLLINS STATED THAT HE IS PREPARED TO FILE A VALIDA- TION SUIT ON THE BONDS FOR THE GIFFORD WATER PROGRAM AND NEEDS AUTHORIZA- TION. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, CHAIRMAN WODTKE VOTED IN FAVOR, THE BOARD AUTHORIZED THE ATTORNEY TO FILE A VALIDATION SUIT AS ABOVE. e ADMINISTRATOR .JENNINGS REPORTED THAT VISTA ROYALE NOW HAS COMPLETED THE REQUIRED NUMBER OF UNITS AS SET OUT IN THE SOUTH COUNTY SEWER AND WATER AGREEMENT DATED DECEMBER 5, 1973, AS FOLLOWS: 2. County agrees at the time the permanent water and sewer ities at Vista are operating at the break-even point (i.e. e equal to Vista's maintenance and operating costs, as ated to be when approximately 201 units are sold) to: 1.' Accept the assets conveyed by this Agreement and to said water and sewer facilities as agreed herein; or, 2. Refuse to accept the conveyances of assets from as mentioned herein and refuse to operate the water and •facili-ti4s.-. 1' ' In the event County elects Option 2, then'County.agrees to to Vista a water and sewer franchise and acknowledges n that Vista has satisfied the necessary application require- ts for said franchise and agrees • that a water and sewer ­ =franchise will be approved_without_delay. THE ADMINISTRATOR ASKED IF THE BOARD WISHED TO DISCUSS THIS MATTER TODAY OR HOLD IT OVER. COMMISSIONER SIEBERT SAID HE FELT THAT TO SOME EXTENT IT. TIES INTO THE REPORT WE ARE WAITING FOR IN REGARD TO THE 6TH AVENUE LINE. CHAIRMAN WODTKE INQUIRED AS TO WHETHER VISTA ROYALE ASKED FOR A DECISION ON THIS MATTER, AND ATTORNEY COLLINS STATED THEY HAD NOT, BUT THAT HE WAS FAMILIAR WITH THE AGREEMENT AND FELT IT WAS TIME TO CONSIDER THIS FACTOR, MM FEB 81978 - ROOK 33 PAGE 404 1 0 IN FURTHER DISCUSSION, IT WAS AGREED TO'ASK ENGINEER BEINDORF TO TAKE THIS INTO CONSIDERATION TO SEE HOW IT FITS INTO THE WHOLE PICTURE BEFORE TAKING ANY ACTION. ADMINISTRATOR JENNINGS ASKED PERMISSION TO BRING UP AN EMER- GENCY MATTER IN REGARD TO SEMINOLE SHORES'PERFORMANCE BOND. - ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, CHAIRMAN WODTKE VOTED IN FAVOR, THE BOARD AGREED TO ADD TO TODAY'S AGENDA THE EMERGENCY ITEM REQUESTED BY THE ADMINISTRATOR AS ABOVE ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT THE SEMINOLE SHORES PERFORMANCE BOND, INSURING COMPLETION OF THEIR WATER SYSTEM, EXPIRES ON FEBRUARY 28TH, AND SINCE THE NEXT BOARD MEETING IS NOT UNTIL FEBRUARY 22ND, HE FELT THIS SHOULD BE CONSIDERED TODAY IN ORDER TO HAVE TIME TO MAKE THE BONDING COMPANY COGNIZANT THAT THE WORK HAS NOT BEEN DONE. COMMISSIONER SIEBERT ASKED IF SEMINOLE SHORES HAS BEEN NOTIFIED, AND PERSONNEL DIRECTOR DONLON STATED THAT THEY HAVE NOT AS YET. ATTORNEY COLLINS REPORTED THAT HE HAS TALKED WITH LOWELL LOHMAN AND IRVING SILVERMAN, DEVELOPERS OF SEMINOLE SHORES SUBDIVISION, AND THEY ARE AWARE OF THE SITUATION. HE NOTED THAT THERE IS A REQUIRE- MENT FOR NOTIFICATION OF THE BONDING COMPANY, AND HE FEELS A LETTER SHOULD BE WRITTEN TO THE BONDING COMPANY AS WELL AS TO MR. LOHMAN AND MR. SILVERMAN. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, CHAIRMAN WODTKE VOTED IN FAVOR, THE BOARD AUTHORIZED ATTORNEY COLLINS TO WRITE A LETTER OF NOTIFICATION TO THE BONDING COMPANY AND TO MESSRS. LOHMAN AND SILVERMAN. CHAIRMAN WODTKE ANNOUNCED THAT HE HAS NOW RECEIVED A LIST OF RECOMMENDED REPRESENTATIVES TO SERVE ON THE GIFFORD WATER AND SEWER ADVISORY COMMITTEE, AND A RESOLUTION HAS BEEN DRAWN UP APPOINTING THE MEMBERS SELECTED BY THE SEVEN ORGANIZATIONS IN THE GIFFORD AREA. ON ­MOTION BY COMMISSIONER LOY,. SECONDED BY COMMISSIONER SIEBERT, CHAIRMAN WODTKE VOTED IN FAVOR, THE BOARD ADOPTED RESOLUTION N0. 78-11, APPOINTING REPRESENTATIVES AND ALTERNATES TO SERVE ON THE WATER AND SEWER ADVISORY COMMITTEE FOR THE GIFFORD AREA. FEB 81978 �� �9 BOOK F1GE RESOLUTION NO.78-11 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the following persons and their designated alternates are hereby appointed to serve on the Water and Sewer Advisory Committee for the Gifford area: William C. Wodtke•, Jr,, Board of County Commissioners Victor Hart Gifford Progressive Civic League. (Alt,) Arthur J. Harris Mabon Snell Gifford Jaycees "(Alt.) Lorenzo Washington Elder Willie Kitt Afro --American Council of Churches (Alt.) Reverend Tom Diamond Leon Young Urban Development Utilities, .(Alt.) Victor Hart Inc. James Richardson Gifford N.A.A.C.P. (Alt,) Jimmy Holt Lillie Mae Minnis Matrons Women's Club (Alt.) Dorethea. McGriff. Tommy C. Gilbert Moonglow Feder_ated'Club (Alt.) Mattie R. Glinton This Resolution shall become effective as of the 8th day of February, 1978. BOARD OF COUNTY COIZIISSIONERS INDIAN RIVER COUNTY,•FLORIDA By William .C... odtke, Jr, Chairman ATTEST: —Freda Wright , 'C1rl- BOOK 33 pw 490n 1,3 1 THE CHAIRMAN NEXT DISCUSSED APPOINTMENTS TO A HOUSING STUDY COMMITTEE AND STATED THAT HE WOULD LIKE COMMISSIONER SIEBERT TO BE CHAIRMAN OF THIS COMMITTEE. HE CONTINUED THAT HE HAD TALKED WITH MAYOR SCURLOCK, WHO ADVI'SED HIM THAT THE CITY OF VERO BEACH WOULD NOT BE PARTICULARLY INTERESTED IN HAVING ANYONE FROM THE CITY INVOLVED WITH THE STUDY OF A HOUSING AUTHORITY. CHAIRMAN WODTKE NOTED THAT THE REQUEST FOR THIS STUDY CAME FROM THE GIFFORD AREA, AND HE RECOMMENDED LEON YOUNG•AND DOROTHEA MCGRIFF TO SERVE ON THE COMMITTEE. COMMISSIONER SIEBERT REQUESTED THAT THE COMMITTEE BE MADE UP OF NO MORE THAN SEVEN MEMBERS, AND PREFERABLY LESS. HE FELT THERE 'SHOULD BE ONE MEMBER FROM THE ZONING BOARD, SOMEONE REPRESENTING THE FINANCIAL INSTITUTIONS AND SOMEONE REPRESENTING THE CONSTRUCTION INDUSTRY, INCLUDING REALTORS, ETC. CHAIRMAN WODTKE FELT THAT MR. REGAN COULD BE AN EX -OFFICIO MEMBER AND HELP COORDINATE THE STUDY AND ASSIST IN WRITING A REPORT. COMMISSIONER SIEBERT NOTED THAT THE COMMITTEE MUST DECIDE IF IT IS IN THE BEST INTERESTS OF THIS COUNTY TO RECOMMEND THAT A HOUSING AUTHORITY BE ESTABLISHED. HE STATED HE WOULD LIKE TO SEE US ADVISE THE COMMUNITY THROUGH NEWS RELEASES, POSSIBLY EVEN A PAID ADVERTISEMENT, THAT WE ARE CONSIDERING LOW COST HOUSING, AND THEN PER- HAPS SOME PRIVATE SECTOR WILL COME BEFORE THE COMMITTEE TO HELP DETERMINE IF THERE ARE ANY ALTERNATIVES. COMMISSIONER Loy CONCURRED THAT WE SHOULD EXPLORE THE POSSI= BILITY OF THE PRIVATE SECTOR, AND THE CHAIRMAN AGREED THAT THE COMMITTEE SHOULD STUDY NOT ONLY A HOUSING AUTHORITY, BUT ALSO THE ALTERNATIVES. COMMISSIONER SIEBERT STATED THAT ONCE THIS COMMITTEE IS ESTABLISHED AND WE CAN GET A REPRESENTATIVE OF FHA DOWN- HERE, HE FELT THEY SHOULD MEET NIGHTLY, IF NECESSARY, SO THAT SOMETHING CAN BE ACCOMPLISHED QUICKLY. HE POINTED OUT THAT IF IT IS DECIDED THAT A HOUSING AUTHORITY IS NECESSARY AND IT IS AGREED TO PETITION THE GOVERNOR, FROM THAT POINT ON, IT IS OUT OF THE COUNTY'S HANDS. COMMISSIONER SIEBERT SUGGESTED THAT THE CHAIRMAN BE GIVEN AUTHORITY TO APPOINT REPRE- SENTATIVES FROM THE DISCUSSED CATEGORIES IN BETWEEN MEETINGS SO WE CAN GET SOMETHING GOING BY THE NEXT MEETING AND THEN FORMALLY APPOINT THEM AT THAT TIME. FEB 81978 BOOK 33 PACE 49 1 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, CHAIRMAN WODTKE VOTED IN FAVOR, THE BOARD AUTHORIZED THE CHAIRMAN TO APPOINT THE ADDITIONAL MEMBERS OF THE COUNTY HOUSING STUDY COMMITTEE, TO BE CONFIRMED BY FULL ACTION OF THE BOARD IN RESOLUTION FORM AT A LATER DATE. CHAIRMAN WODTKE THEREUPON APPOINTED LEON YOUNG AND DOROTHEA MCGRIFF FROM THE GIFFORD AREA TO THIS COMMITTEE AND APPOINTED COMMIS- SIONER SIEBERT AS CHAIRMAN OF THE COUNTY HOUSING STUDY COMMITTEE. REVEREND DIAMOND COMMENTED THAT IF THE COMMITTEE SHOULD RECOMMEND AN ALTERNATIVE METHOD TO A HOUSING AUTHORITY, HE WOULD HOPE THE BOARD WOULD TAKE STEPS TO IMPLEMENT ANY ALTERNATIVE METHOD, AS ANY PLAN NEEDS A SPONSOR. HE.POINTED OUT THAT NO ONE NOW HAS THE TIME TO DEAL WITH THIS PROBLEM, AND THAT IS WHY HE FEELS THAT A HOUSING AUTHORITY IS NEEDED TO BE RESPONSIBLE FOR DEVELOPING A PLAN AND IMPLE- MENTING IT. REVEREND DIAMOND EXPRESSED CONCERN THAT THE COMMITTEE MIGHT SAY THAT A HOUSING AUTHORITY IS NOT NEEDED AND THERE IS A BETTER WAY, AND THEN NOTHING WILL DEVELOP FROM THAT BETTER WAY. RESOLUTION N0. 78-9 AND RELEASE OF SIDE LOT LINE EASEMENTS IN OSLO PARK TO MICHAEL C. COOPER, SR., ARE HEREBY MADE A PART OF THE MINUTES AS APPROVED EARLIER.IN THE MEETING. FEB 1978 Boa 33 pmIr 498 M RESOLUTION NO. 78- 9 ✓ 4 WHEREAS, there is a drainage and utility easement on each side of the side lot lines of Oslo Park, Unit No. 2, as filed in Plat Book 4, page 13, Indian River County, Florida, records; and WHEREAS, Michael C. Cooper, Sr., and Marjorie A. Cooper, his wife, are the owners of Lots 5, 6, and 7, Block D, of Oslo Park, Unit No. 2, hereinbefore described; and WHEREAS, said property is under Contract for Sale and the prospective Purchasers are contemplating the erection of a building on said lots, which said building will lie over the side lot line easements on each 4 side of the boundary line between Lots 5 and 6 and on each side of the boundary line between Lots 6 and 7; and WHEREAS, the said Purchasers will not complete said sale unless and until such side lot line easements are released by the County Commission of Indian River County, Florida; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, as follows: 1. The Board does hereby release -the 5 -foot side lot line easement on either side of the side lot line between Lots 5 and 6 on Block D of said Oslo Park, Unit No. 2, and the 5 -foot side lot line easement on either side of the side lot line between Lots 6 and 7 on Block D of said Oslo Park, Unit No. 2, but it is specifically understood that the side Lot line easement on the North side lot line of Lot 5 and the side lot line easement on the South side lot line of Lot 7 will remain in full -force and effect. 2. That the Chairman of the Board of County Commissioners be author- ised to sign a Release of Easement as above set out, and to have said Release recorded in the Public Records of Indian River County, Florida. Dated this 8th day of February' , 1978.' a BOARD OF COUNTY COMMISSIONRS OF INDI��AN RIVER COUNTY, F ORIDA B William C. Wod ke, Cha` an ATTEST: FREDA WRIGHT ✓ CLERK OF THE CIRCUIT COURT BY -4 !n - (Seal) t 81978 3 FAGf 499 RELEASE OF EASEMENTS THIS RELEASE OF EASEMENT, made and executed this 8th day of Eahrnary_ , 1978, between INDIAN RIVER COUNTY, FLORIDA, party of the first part, and MICHAEL C. COOPER, SR., and MARJORIE A. COOPER, his wife, parties of the second part; WITNESSETH: For and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable considerations, in hand paid by the party of the second part, the receipt whereof being hereby acknowledged, the said party of the first part does herewith release, discharge and quit claim unto the said parties of the second part, their heirs, legal representatives, and assigns, forever, the easements in favor of the party of the first part on real property situated in Indian River County, Florida, which said easements are as follows: The. South 5 feet of Lot 5; The North 5 feet of Lot 6; The South 5 feet of Lot 6; The North 5 feet of Lot 7; All on Block D of OSLO PARK, UNIT No. 2, according to the Plat thereof filed in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 4, page 13; said land lying and being in Indian River County, Florida. IN WITNESS WHEREOF, the party of the first party, by virtue of the authority vested by law in the Board of County Commissioners, and for and on behalf of the County of Indian River, State of Florida, have caused these presents to be executed in its name by its Chairman and its seal to be affixed, attested by its Clerk of the Circuit Court. Signed, sealed, and delivered in the presence of: BOARD OF COUNTY COMMISSIONERS. OF INDIAN RIVER ^COUNTY, FLORIDA By William C. Wodtke, Chai c.an ATTEST: FREDA WRIGHT, Clerk of the Circuit Court (Seal) (Seal) a .. FEB 81978 �Q�n 33ac 51i� STATE OF FLORIDA 4 COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledg- ments, personally appeared WILLIAM C. WODTKE, JR., as Chairman of the Board of County Commissioners of Indian River.County, State of Florida, and acknowledged before me executing the above and foregoing instrument, in the presence of two subscribing witnesses, freely and voluntarily, under the authority duly vested in him by Law, and that the Seal of the said Board.of County Commissioners of Indian River County, State of Florida, affixed thereto is the true seal of the foregoing. WITNESS my hand and official seal in said State and County this 8th day of February, 1978. & "1- •Gi. Notary Piolic, State of &torida at Large My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA AT tA. MY COMMISSION WIRES WLY 8. 1978 -ONDED THRU GENERA( INSURANCE UNDECWRITERB FEB '197 Boa PaU 5A PROFESSIONAL SERVICES AGREEMENT WITH KUNDE, DRIVER, SIMPSON AND ASSOCIATES, INC., IN REGARD TO THE OFF -SYSTEMS ROAD PROJECTS, IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF JANUARY 18, 1978. d 92 POOK 33 PA-Ef.., I- 4 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this �!'s-f day of January, 1978, by and between Indian River County, a political subdivision of the state of Florida, hereinafter referred to as the "County", and Kunde, Driver, Simpson and Associates, Inc., hereinafter Yeferred to -as the "Engineer". For and in consideration of the mutual covenants hereinafter con- tained, the County hereby retains the Engineer and the Engineer hereby covenants to provide the professional services prescribed herein in connection with design of Department of Transportation Off -Systems Road Projects - Hobart Rd., Lundberg Rd., and.87th St. & 101st Ave. in Vero Lakes Estates. SECTION I - COUNTY OBLIGATIONS The County agrees to provide the following material, data, or services as required in connection with the work to be performed under this Agreement: A. All available roadway and bridge plans, studies, maps, etc. concerning the proposed facility. SECTION I.I - PROFESSIONAL SERVICES The Engineer agrees that he will perform professional services in .connection with the Project as indicated in the following: A. Design Phase Upon receipt of written authorization from the County 'Engineer to proceed with the Project the Engineer shall visit the site of the proposed work and become Boax 33 M4 P _2_ W thoroughly familiar with all conditions affecting the work; prepare preliminary engineering data including sketches, drawings, and recommendations regarding type of roadway drainage system, grades, preliminary bridge plans, etc. and perform such other services as are mutually agreed to be necessary or desirable to advance the Project; and assist the. County in obtaining approval -of preliminary work from any local, state or federal agency having an interest in the Project. upon approval of preliminary engineering data, the Engineer shall prepare final complete construction plans and draft all special provisions for the Project in accordance with the current County and Florida Depart- ment of Transportation Standards used for the receipt of bids, which shall include all necessary roadway and bridge plans, and details of construction. All plan sheets shall be of the best quality drafting material and shall be furnished by the Engineer. In order to accomplish the work described under this Phase, the Engineer shall observe the following requirements: 1. Strive to complete his work on the Project within' the time allowed by maintaining an adequate staff of engineers, draftsmen, and other employees on the work at all times. 2. Comply with the federal, state, and local laws or ordinances applicable to his work. FEB . 81979 Boa 33 PAU, 5�i4 j, :-3- 3. -Prepare necessary sketches to accompany the County's applications for any required state or federal agency permits. 4. Cooperate fully with the County and the Florida •Department of Transportation in order that all phases of the work may be properly scheduled and coordinated. s 5. Prior to final approval by the County Engineer complete preliminary and final phase reviews of the construction plans through any county, state or federal agency from which a permit or other approval is required. 6. Contact all utility companies having installations in the vicinity of the proposed work and provide information relative to any required utility adjustments or relocations. 7. Report the status of this Project to the County Engineer upon request, and hold his drawings, calculations and related work open to the inspec- tion of the County Engineer or his authorized agent at any time. 8. Submit to the County or the Florida Department of Transportation necessary check prints for review of the.Project. :Upon final approval, furnish the County.with one (1) full size bound set of prints of the final construction plans, plus all tracings, field books, special provisions, quantities booklet FEB 8 1978 �a 33 pmsf 5 P and calculations. The quality and legibility of all prints shall meet the approval of the County Engineer. 9. Prepare and submit to.the County final estimates of cost of the proposed Project construction. SECTION III - TIME FOR COMPLETION A. Design Phase The services to be rendered by the Engineer under the Design Phase of the Project shall be commenced upon written notice from the County Engineer subsequent to the execution of this Agreement and shall be com- pleted within four (4) months from the date estab- lished by the notice to proceed. The construction plans shall be completed in accord- ance with the following schedule: 1. Lundberg Road - March 31, 1978 2. Hobart Road- May 30, 1978 3. 87th St. & 101st Ave. - May 30, 1978 This time schedule is subject to receipt of Notice to Proceed on or before January 31, 1978. A reasonable extension of contract time will be granted in the event there is delay on the part of the County in fulfilling its part of the Agreement as stated herein. d 3 PAUF 506 -5- SECTION IV - COMPENSATION The County agrees to pay and the Engineer agrees to accept for services rendered pursuant to this Agreement, fees in accordance with the following: A. Design Phase For services rendered pursuant to the'Project in accor- dance with the terms and conditions of this Agreement, including complete design and preparation of construction plans and all incidental and preliminary work herein described, the lump sum fee of Fifty-four thousand, two - hundred dollars ($54,200.00). In addition the cost of soil surveys shall be billed directly to the County for payment. The estimated cost of soil surveys is One thousand five hundred dollars ($1,500.00). SECTION V - PARTIAL PAYMENTS The County will make monthly partial payments to the Engineer in accordance with the following schedule for all authorized work pertaining directly to this Project performed during the previous calendar month. A. Design Phase 1. The Engineer shall submit duly certified invoices in triplicate to the County Engineer. .2. The amount of the invoices submitted shall be the prorated amount due for all work performed to date under the Design Phase, determined by applying the percentage of the work completed as'certified by the Engineer, to the total lump sum die for this phase of work. Boa�3 "E 5J 7 M 3. The amount of the partial payment due for the work performed to date under the Design Phase shall be an amount calculated in accordance with Paragraph 2 above, less ten peroent (10%) of the amount thus determined which shall be withheld by the County and less previous payments. The ten percent (10%) retainage shall be reduced to five percent (5%) upon completion of 500 of the Design Phase. 4. The five percent (5%) retainage shall be paid in full to the Engineer upon delivery to and accept- ance by the County of the final drawings. SECTION VI - EXTRA WORK AND ADDITIONAL SERVICES If the Engineer is caused extra work or expense due to changes in scope of work or changes after plans are approved by the County, the scope of such extra work shall be agreed to by the County and the Engineer and authorized in writing by the County prior to any work being performed. If authorized in writing by the County, the Engineer shall furnish or obtain from others Additional Services which are not considered normal or customary basic services. The compensation for Extra Work and Additional Services shall be actual payroll costs times a factor of 2.6 for services rendered by principals and employees assigned to the Project plus all reimbursable expenses. �L'FiK PAG 508 M The payroll costs used as a basis for payment shall mean the actual salaries and wages paid to principals and employees engaged on the Project. Time spent on this Project by. stenographers, typists and similar skills shall not be charged to the Project nor shall any fringe benefits such as social security contributions, unemployment, excise and payroll taxes, workmen's compensation, etc. be included in the payroll costs. Reimbursable expenses shall mean invoices from testing labortories for soils survey and other testing; the actual expenses of out-of- town transportation and subsistance of principals, employees and consultants authorized by the County to travel in connection with the Project; tolls, telephone calls and telegrams; reproduction if plans in excess of those required for checking purposes and similar project related items. SECTION VII - RIGHT OF DECISIONS All services shall be performed by the Engineer to the satisfaction of the County Engineer who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of this Agreement, the prosecution and fulfillment of the services hereunder, and the character, quality, amount and value thereof, and the County Engineer's decisions upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties hereto unless such determination is clearly arbitrary or unreasonable, adjustments of compensation and contract time because of any major change in the work that might become necessary or be �� 33\ FAGS 5#JA e 4 _8- deemed desirable as the work progresses shall be left to the absolute discretion of the County Engineer. SECTION VIII - OWNERSHIP OF DOCUMENTS All tracings, plans, specifications, field books, survey infor- mation, maps, documents, and other data developed by the Engineer for the purpose of this Agreement shall become the property of the County without restriction or limitation upon their use and shall be made available by the Engineer at any time upon request of the County. When all work contemplated under this Agreement is complete, all of the above data shall be delivered to the County Engineer. SECTION IX - COURT APPEARANCES AND CONFERENCES Nothing in this contract shall obligate the Engineer to prepare for, or appear in litigation in behalf of the County, except in consideration of additional compensation. The amount of such compensation shall be two hundred seventy-five ($275.00) dollars per day. The Engineer shall confer with the County at any time during construction of"the improvement herein contemplated as to interpretation of plans, correction of errors and ommissions and preparation of any necessary plans thereof without added compensation. POCK 33 PA -UE 51G -9- I. W SECTION X - NOTICES Any notices, specifications, drawings or other written commun- ications from the Engineer to the County shall be considered delivered when posted by certified mail or delivered in person to the County Engineer. Any notice, specifications, drawing or other communication from the County to the Engineer shall be considered delivered when posted by certified mail to the Eng- ineer at the last address left on file with the County, or de- livered in person to said Engineer or his authorized represent- ative. SECTION XI - ABANDONMENT In the event the County causes abandonment, cancellation, or sus- pension of the Project or parts thereof, the Engineer shall be compensated for all services rendered consistent with the terms of this Agreement up to the time the Engineer receives notice in writing of such abandonment, cancellation or suspension. This compensation shall be determined on the basis of a percentage of the total services which have been performed at the time the Engineer receives such notice. SECTION XII - SUBLETTING The Engineer shall not sublet, assign, or transfer any work under this Agreement without the written consent of the County. When applicable, and upon receipt of such consent in writing, the Engineer shall cause the names of the engineering firms responsible FEB 81979 ��o� 33 Fac: 5 i�. 0 -10- e for the major portions of each separate specialty of the work to be inserted on the plans. SECTION XIII - WARRANTY The Engineer warrants that he has not employed or retained any company or person, other than a bona_fide employee working solely for the Engineer, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage fee, gifts or any other_ considerations, con- tingent upon or resulting from the award or making of the Contract. For breach or violation of this warranty, the County shall have the right to annul this Contract without liability. SECTION XIV - CANCELLATION OF AGREEMENT In the event that the Engineer willfully violates any provisions of this Agreement or performs same in bad faith or unnecessarily delays the performance of the work , the County may declare the Engineer in default and notify him in writing to discontinue fur- ther performance of the Contract. Payment shall then be made in accordance with Section XI above. It is mutually understood and agreed, however, that neither party hereto shall be held respons- ible for delay in_performing hereunder when such delay is, due to unforseeable causes which cannot be reasonably forecast or against which provisions cannot be made, such as acts'of God or a public_ enemy, fire, strikes, floods or legal acts of public authorities. This Agreement shall be considered terminated by mutual consent if FEB S 1978 33 FAc 5 1 42 not otherwise terminated within a period of three years from the date of its execution. SECTION XV - ORDINANCES The Engineer agrees to abide and be governed by County Ordinances which may have a bearing on the work involved on this Project. SECTION XVI - INSURANCE AND INDEMNIFICATION The Engineer shall not commence work on this Contract until he has obtained all insurance required under this paragraph and such insurance has been approved by the County. The Engineer shall indemnify and save the County harmless from any and all claims, liability, losses and causes of actions arising out of any error, omission, or negligent act of the Engineer incident to the performance of the Engineer's professional services under this Agreement. The Engineer shall pay all claims and losses of any nature whatsoever in connection herewith and shall defend all suits, in the name of the County when applicable, and shall pay all costs and judgements which may issue thereon. The Engineer shall maintain during the term of this Agreement the following insurance: A. Automobile Liability Insurance covering all owned, non -owned and hired vehicles in amounts not less than $100,000 per person and $300,000 per occurrence for bodily injury and $50,000 per occurrence for property damage. FEB 8 1978 Piot 33 PAUF513 0 0 I- -12.- B. Professional Liability Insurance in the amount of $1,000,000 with deductible per claim, if any, not to exceed 5% of the limit of liability, providing for all sums which the Engineer shall become legally Obligated to pay as damages for claims arising out of the services performed by the Engineer or any person employed by him in connection with this Agreement. All insurance policies shall be issued in companies authorized to do business under the laws of the state of Florida. The Engineer shall furnish certificates of insurance to the County, prior to the commencement of operations, which certifi- cates shall clearly indicate that the Engineer has obtained insurance in the type, amount, and canssifications as required for strict compliance with this Section and that no material change or cancellation of this insurance shall be effective without thirty (30) days prior written notice to the County. Compliance with the foregoing requirements shall not relieve the Engineer of his liability and obligations under this Section or under any other, portion of this Agreement. SECTION XVII - CERTIFICATION OF WAGE RATES In accordance with Florida Statute 287.055 the Engineer hereby certificates and warrants that wage rates and other factual unit costs as submitted supporting the compensation provided in Section IV FEB 8 1979 3 51 r - , 4 -13- are accurate, complete and current as of the date of this Agreement. It is further agreed that said compensation provided in Section IV of this Agreement shall be adjusted to exclude any significant costs where the County shall determine that the contract price was increased due to inaccurate, incomplete or unclear wage rates or other factual unit costs. All such contract adjustments shall be made within three years from the date of final billing or accept- ance of the work by the County, whichever is later. SECTION XVIII - ENTIRETY OF AGREEMENT This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the sub- ject matter hereof that are not merged herein and superseded hereby. No alteration, change, or modification of the terms of this Agree- ment shall be valid unless made in writing and signed by both parties hereto. This Agreement, regardless of where executed, shall be governed by and construed according to the lavas of the state of Florida. FEB 81978 PON 3 PA -F 515- I- -14 -14 IN WITNESS WHEREOF the parties hereto have executed these presents this '3/ day of t%vn c✓Q/�, 1978. ATTEST: INDIAN RIVER COUNTY, FLORIDA BY ITS BOARD OF COUNTY COMMISSIONERS BY: i`YG w William C. Wodtke, Jr. Cler% Chairman e BY: ack G. Je inas County Administrator DATE: ATTEST: KUNDE, DRIVER, SIMPSON & ASSOCIATES, INC. �i���xzt�tt.��. ,G!_ f C� A� ll BY: . Secretary Pr ident (CORPORATE SEAL) Boa 33 F,,u 510 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. 57133 - 57336 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 6:10 O'CLOCK P.M. ATTEST: aj, LLLii- CLERK w � CHAIRMAN 107 A, Pa 33 pm,JF 517