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WEDNESDAY, MARCH 22, 1978
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA,
ON WEDNESDAY, MARCH 22, 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; ALFRED WEBBER, DEPUTY CLERK; BAILIFF
DAN FLEISHMAN; AND VIRGINIA HARGREAVES, DEPUTY CLERK.
THE CHAIRMAN CALLED THE MEETING TO ORDER.
COMMISSIONER SIEBERT LED THE PLEDGE OF ALLEGIANCE TO THE FLAG,
AND REVEREND .JAMES RATCLIFF OF CHRIST UNITED METHODIST BY -THE -SEA GAVE
THE INVOCATION.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE REGULAR MEETING OF MARCH 8, 1978,
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR
FLEETING OF MARCH 8, 1978, AS WRITTEN.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR
INTERGOVERNMENTAL COORDINATOR THOMAS TO ATTEND A WORKSHOP SPONSORED
BY THE DEPARTMENT OF COMMUNITY AFFAIRS ON NEW LEGISLATION AFFECTING
INVESTMENT. OF SURPLUS FUNDS TO BE HELD IN ORLANDO ON MARCH 28, 1978.
DN MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR A PERMIT TO CARRY
A CONCEALED FIREARM OF THE FOLLOWING: THOMAS N. SNELL
NICK F. ZANAKIS
GERALD LEE SCHUCKERS
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A PERMIT
TO CARRY A CONCEALED FIREARM OF GERALD L. BECHTOLD,
MAR 2 2 1978 -�1p
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED CHAIRMAN'S SIGNATURE RE THE FOLLOW-
ING DEPUTIES APPOINTED BY SHERIFF JOYCE:
ROBERT L. VERES
PERRY M. PISANI
MAR 2 2 1978
2
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TO THE HONORABLE BOARD OF COMMISSIONERS Op INDIAN RIVER COUNTY, FLt.•-
I�olier�' C: •Ve'res' ' '� "
I herewith appoint
'Gerd -Beach ' . • . f .
'of ~•.M� , Florida, a Deputy Shoriff'of Indian River County, Florida to act under
meas Sheriff of said County.
• %I* name and nurpber•of the voting precinct of said Deputy, i,.Area iact X �•
an River ty► lorida
STAT& OF FLORIDA , • '
COUNTY OF INDIAN RIVER , m
1 Robert L. Veres ' , do solemnly -swear that I will support, protect and defend Uro Con-
stitution and Coveniment of the United States and of the State of Florida; that I can duly qualified to hold office under the
Cotatitutioa of the State; and that I will well and faithfully porform the duties o£ Deputy Sheriff of Indian River County,
Florida, in which I am now about to anter. So help me God.
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SUBSCRIBED AND SWORN TO BEFORE ME
AT VERO BEACH, 1NI) N R1YBR COUNTY ,, t' , ' '. ' • `Z • • r ' '
.Q I • i
FLORiD,�1, TaiIS %/il DAY OF_ . �/Ylct� e.�_ _•- - - ;
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•,, Vit.' . •'.• •.•'• ' • ` '' • • Yr
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rotary•publio
Notary Public, State of Florida at Large
My coreimW, on e){#les.Oct, 13, 1980 dt
' r r•r r•. e:r .r r•r . ..r r r r r r u r r r r r,
FIL)~D WITH ME TI iISY2 n d DAY 01, March 197 E .
Clark, Circuit Court, Indian Ri4 County, Florida
• :ri/•.tl •r .r r•Y•tl r•r M. r,.r r r r•r r r.A.. •fr r.r r %.%
Filed with the Board of County Commissionon of Indian River County, Florida, this , 2 2 n d day March
19
�'• l Chairman, Board of CountCommissioners
s r ' ."ATTEST,
� . f i : • • . • j/ • �; r....:• ' ' ` � Clerk
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R 2 2 1978 `
��� 34 PA,UE 124
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Ti'O THE HONORABLE DOARD OF COMMISSIONERS OF INDIAN RIVER COUNTY, FLL•.
Y herewith appoint Perry M. Pisani
V"ere' Beiti 1
' . .•
of. . Florida, a Deputy Sheriff -;f Indian River County, Florida to act under
malas Sheriff of raid County,
• Tha soma and number- of the voting precinct of said Deputy, is eoinct
horifl dian Ri r Co , Florida
STATE OF FLORIDA
t COUNTY OP INDIAN RIVER ,
1
r Perry M.*Pisani do tolemnly swear that I will support, protect and defend the Conm.
stitution and Government of the United States and of the State of Florida] that I wn duly qualified to hold office wider the
Constitution of the State; and that I will wolf and faithfully perform the duties of Deputy Sheriff of Indian River County,
Florida, in which I am now about to enters So help we Gai. , 4
tit •., ' ' �
SUBSCRIBED AND SWORN TO BEFORE ME
AT VERO BEACH, .INDIAN,�
RIVER CODUN, Y ,• t •T• Tr' r
FLORID , THIS f �i�"DAY OF SLCiw� i i i
,• `�—.aC' �,.�'otaty•Publio ~' . ' :. .. "F- � .
Notary Pub Vic, State of Florida at Large
. My commjssion expries Oct. 13,-198D • ,I4
r r•r r r r r:r .r r•r r.r r.r r r r r r r r r r a a.
FUM WITH M£THIS 2�pd QDAY OFMarch
' ' �, • �• `, r.';I, ~• Clerk, Circuit Court, Indian Riv County, Florida
• :r:a.r •r �� r. r•r r.r M•r.r r r r•r rw �.. �T'r r.r r �
Filed with the Board of County Commissioners of Indian River County, Morida, this 2? n a day of Ma r eh
1
19,7 8,.,r
_•- `s Chairman,`l�B✓oa d of County Comrrissicners
ATTEST, r a
Clerk
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EooK 34 PUF 125
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ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED BUDGET AMENDMENT REQUESTED BY THE
CLERK OF CIRCUIT COURT FOR PURCHASE OF METAL FILE CABINETS AS FOLLOWS:
ACCOUNT TITLE ACCOUNT No. INCREASE DECREASE
CLERK, CIRCUIT COURT
EQUIPMENT 03-2320-402.00 $480.00
RES. FOR CONTINGENCY 03-9990-701.00 $480.00
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLLS, FALL TERM,
1977, IN THE AMOUNTS OF $41.08, $57.04 AND $59,08.
THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN
THE OFFICE OF THE CLERK:
COUNTY COURT, TRAFFIC VIOLATION BUREAU, FINANCIAL REPORT FOR
.FEBRUARY, 1978
COUNTY WELFARE DEPARTMENT, MONTH OF .JANUARY, 1978
COUNTY WELFARE DEPARTMENT, MONTH OF FEBRUARY, 1978
DEAN LUETHJE OF CARTER ASSOCIATES, INC., ENGINEERS, APPEARED
REPRESENTING ROGER SKILLMAN AND ASKING FOR TENTATIVE APPROVAL OF MINTER
BEACH PARK SUBDIVISION. HE INFORMED THE BOARD THAT THIS HAS BEEN
DISCUSSED WITH THE SUBDIVISION REVIEW COMMITTEE, AND THEY HAVE
FOLLOWED THEIR RECOMMENDATIONS AND CHANGED SOME OF THE PAVING.
THEY HAVE ALSO REDUCED THE NUMBER OF LOTS SO THEY ARE NOW ALL 1/2
ACRE LOTS. SIR. LUETHJE STATED THAT THEY FEEL IT WILL BE SOME TIME
BEFORE ANYTHING IS DONE WITH 67TH STREET BECAUSE OF ALL THE UNDEVELOPED
PROPERTY IN THE SURROUNDING AREA; THEY WOULD, THEREFORE, LIKE TO
CARRY A 20'WIDE STRIP OF PAVEMENT ALL THE WAY THROUGH FROM NORTH
WINTER BEACH ROAD BY RUNNING SOUTH ON 51ST AVENUE, JOGGING WEST IN
THE MIDDLE OF 67TH STREET TO CONNECT WITH 52ND AVENUE, AND THEN RUN-
NING SOUTH ON 52ND AVENUE.TO SOUTH WINTER BEACH ROAD. THEY FEEL THIS
WOULD MAKE A BETTER FLOW PATTERN THAN PUTTING A LITTLE STRIP 10` WIDE
ON 67TH STREET WHICH THEY DO NOT. SEE ANY NEED FOR IN THE NEAR FUTURE.
ADMINISTRATOR .JENNINGS CONFIRMED THAT THE SUBDIVISION
REVIEW COMMITTEE AGREED WITH THE SUGGESTED 20' WIDE FLOW PATTERN
AND WOULD RECOMMEND APPROVAL.
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mw - PAGF 126
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THE QUESTION AROSE AS TO WHO WILL PAY THE COST OF PAVING
THE HALF STREET ON THE NORTH OF LOT 17 WHEN THE PROPERTY DEVELOPS
IN THE FUTURE,
ADMINISTRATOR JENNINGS FELT THE DEVELOPER WOULD BE RE-
QUIRED TO CONTINUE IT ACROSS AND THAT IT IS NOT THE COUNTY'S RESPONSI-
BILITY,
MR. LUETHJE POINTED OUT THAT THEY ARE PAVING HALF OF THE
STREET IN THE EXISTING RIGHT-OF-WAY, AND HE FELT WHOEVER DEVELOPS
THE OTHER PROPERTY IN THE FUTURE WOULD BE THE ONE TO PAVE THE REMAIN-
ING HALF STREET.
IN FURTHER DISCUSSION, IT WAS AGREED THE 20' STRIP WAS MORE
PRACTICAL THAN PUTTING IN THE HALF STREET.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO WINTER
BEACH PARK SUBDIVISION,
ZONING DIRECTOR, DEWEY WALKER, CAME BEFORE THE BOARD IN
REGARD TO A RELEASE OF EASEMENTS BETWEEN LOTS 11 AND 12, BLOCK 2,
ICINGS MUSIC LANDS SUBDIVISION, REQUESTED BY JOE AND LOLA RUSSELL.
HE EXPLAINED THAT THEY WANT TO ADD ONTO THEIR RESIDENCE AND BUILD
ACROSS THE EASEMENTS, MR. WALKER NOTED THAT HE HAS HAD OTHER SIMILAR
REQUESTS IN THE AREA,AND THIS IS A ROUTINE SITUATION,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 75-19 APPROV-
ING RELEASE OF EASEMENT BETWEEN LOTS.11 AND 12, BLOCK 2, KINGS MUSIC
LANDS -SUBDIVISION AS REQUESTED BY JOE AND-LOLA RUSSELL AND AUTHORIZED
THE CHAIRMAN'S SIGNATURE TO THE DOCUMENTS, WHICH ARE TO BE PREPAR-ED
AT THE EXPENSE OF THE APPLICANT,
-ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT LAUREL
BUILDERS ARE REQUESTING RELEASE OF THEIR CASH BOND AND ACCEPTANCE
OF THE SUBDIVISION IMPROVEMENTS WHICH ARE NOW COMPLETED, HE STATED
THAT EVERYTHING IS IN ORDER AND HE HAS NO OBJECTION TO THE RELEASE
OF THE CASH BOND..
ATTORNEY COLLINS NOTED JHAT FROM A LEGAL STANDPOINT, HE HAS
SOME DIFFICULTY WITH THE RELEASE OF THE CASH BOND, WHICH HE FEELS CAN
BE OVERCOME BY THE NEXT MEETING,- HE, THEREFORE, SUGGESTED THE BOARD
ACCEPT THE PLAT TODAY BUT HOLD OFF APPROVING RELEASE OF THE CASH BOND
6
MAR 2 2 197
Boa 34**'E127
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FOR TWO WEEKS. HE STATED THAT HE HAS DISCUSSED THIS .WITH THE DEVELOPERS.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ACCEPTED LAURELWOOD, UNIT 2, AND CERTIFIED
COMPLETION OF THE SUBDIVISION STREET PAVING AND DRAINAGE FACILITIES.
ADMINISTRATOR JENNINGS NEXT DISCUSSED WITH THE BOARD THE
REQUEST OF ALCO-HOPE, INC., THAT THE ROAD AND BRIDGE DEPARTMENT RE-
PAIR THE CULVERT IN THEIR ENTRANCE AND GRADE THE CIRCLE DRIVEWAY.
HE NOTED THAT IT HAS NOT BEEN THE COUNTY'S POLICY TO REPLACE CULVERTS
GOING INTO DRAINAGE DISTRICT CANALS, BUT THIS CULVERT IS IN VERY BAD
CONDITION, AND IT IS A NARROW ENTRANCE AND DANGEROUS. HE CONTINUED
THAT IT WILL COST BETWEEN $4,000 AND $5,000 TO REPLACE THE CULVERT,
BUT HE KNOWS OF NO WAY TO REPAIR THIS CULVERT IN A SATISFACTORY
MANNER. HE POINTED OUT THAT IT TAKES HEAVY EQUIPMENT TO LAY PIPES
THIS LARGE AND IT HAS TO BE DONE BY SOMEONE WITH THE PROPER KNOWL-
EDGE AND EQUIPMENT.
COMMISSIONER LOY NOTED THAT THE SITUATION EXISTING THERE
NOW IS NOT TO ANYONE'S ADVANTAGE.
COMMISSIONER SCHMUCKER ASKED IF ALCO-HOPE COULD CONTRIBUTE
ANYTHING TO THIS PROJECT AND SUGGESTED POSSIBLY THEY COULD PAY FOR
THE FILL AND SANDBAG HEADWALLS.
ATTORNEY COLLINS NOTED THAT ALCO-HOPE HISTORICALLY HAS
OPERATED ON A VERY LIMITED BUDGET.
ADMINISTRATOR JENNINGS STATED THAT THE SITUATION CANNOT
•WAIT TOO LONG AS THE PIPE IS RUSTED AND THE ENTRANCE IS DANGEROUS.
MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMIS-
SIONER SCHMUCKER,TO DECLARE THIS AN EMERGENCY SITUATION AND TO
AUTHORIZE THE ADMINISTRATOR TO COOPERATE WITH ALCO-HOPE, INC., A
NON-PROFIT CORPORATION, AND.CORRECT THE CULVERT SITUATION AT THEIR
ENTRANCE AS OUTLINED IN -THEIR LETTER OF MARCH 14, 1978,
IN DISCUSSION, IT WAS FELT THIS -COULD BE DONE THROUGH THE
ROAD AND BRIDGE DEPARTMENT BUDGET, AND IF MANY 0•F THESE SITUATIONS
ARISE, IT CAN BE CORRECTED LATER ON THE YEAR.
THE CHAIRMAN CALLED FOR THE QUESTION.• COMMISSIONER SIEBERT
• VOTED IN OPPOSITION; ALL OTHERS VOTED IN FAVOR, AND THE MOTION CARRIED.
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'34 PAcFlz8
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LETTER FROM ALCO-HOPE, INC. OF LARCH 14, 1978, IS HEREBY
MADE A PART OF THE MINUTES,
P
P. O. BOX 2741 - VERO BEACH, FLORIDA 32960
March 14', 1978 ' 1:1 8 c
CIO
1 S COU,T r v
County Commission
County Court House
Vero Beach, Florida, 32960
Gentlemen:
Please Consider this a request to the Indian River County
Road and Bridge Department to repair the culvert in
Alco -Hopes entrance and also to grade the circle driveway
which is a marl type fill.
i
Mr. Jack Jennings informed us that we would have to make an
official request to the County Commission before he would
be allowed to do this work. We realize that this is a job
that the County does not normally do, however, due to
Ale -Hopes extremely loW budget it would be impossiblQ for
us to do this work and it does cause a dangerous condition
because the damage is right in our entry way and any car
or truck could be severely damaged._
Thanking you in advance for your kind consideration of
this request, I remain,
Si ely.yours,
J. Lynn Piper
Administrator
JLP/bs HOMa PROGRAM OF SHLP HELP AL4dQ&4 ..}49
THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING MOTICE WITH PROOF OF PUBLICATION ATTACHED,
TO -WIT:
MAR 2 21979
ma 34 NE 129
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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
i says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian RiverCou ty, Florida; that the attached copy of advertisement, being
a 291L
��
In the matter of
in the / 7 Court, was pub-
lished in said newspaper in the issues of h/ ��%� /�/
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 46y of A.D. 7
(Bpsin j4 Manager)
(Clerk of the Circuit Court, Indian Rile. County, Florida)
NOTICE OF SALE OF r
— REALESTATE
Pursuant to Florida Statute 125.35, the Board
`of County Commissioners of Indian River
: County, Florida, will accept written bids to the
hour of 9:30 o'clock A.M., Wednesday, March
22, 1978, for the cash purchase of the following
described County properties:
LOT 29, BLOCK 22, Royal Park Subdivision,
:located on Royal Palm Place, Vero Beach—as
shown on Plat Book, St. Lucie 5 Page 30.
E 82.11 ft, of N 100 ft. of S 135 ft. of E 10.46 A of
:W 20.46 A. of Tract located in Indian River
Farms Company Subdivision, described on the
'tax rolls as 14-33-39-00001.0040.00004.0 and
tshown in Record Book 167 PP 470.
The Board of County Commissioners reserve
-the right to rejact any or all of the bids and
.make awards in any manner which the Board
:considers to be in the best interest of Indian
River County, Florida.
All bids shall be for a cash purchase, in
.writing by legal description as listed above and
shall include a check payable to Indian River
;County for ten percent (10 percent) of the bid
price with the balance due five (5) days after
acceptance, submitted in an envelope securely
sealed and marked on the outside "SEALED
BID FOR COUNTY LAND—MARCH 22, 1978,
at 9:30 O'CLOCK A.M." The bid may be
mailed or delivered to the office of the County
Administrator, Room 115, County Courthouse,
Vero Beach, Florida 32960. Proposals received
'after 9:30 O'clock A.M. March 22, 1978, will be
:returned unopened.
Board of County Commissioners
Indian River County, Florida
William C. WodtkeJr.,Chairman
;Feb. 22, 26,1978.
1.
THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE
WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED
AND READ:
MICHAEL EKONOMOU LOT 29, BLK. 22, ROYAL $7,000.00
PARK SUBDV.
JACK M. CHESTNUTT 'LOT 29, BLK. 22, ROYAL $6,002.00
PARK SUBDV.
DISCUSSION ENSUED, AND IT WAS NOTED THAT THIS LOT WAS
APPRAISED AT $7,000. CHAIRMAN VIODTKE RECOMMENDED THAT THE PROPERTY
BE SOLD.
ON MOTION -BY COMMISSSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF $7,,000 SUBMITTED
BY MICHAEL EKONOMOU ON LOT 29, BLK. 22, ROYAL PARK SUBDIVISION.
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CHAIRMAN WODTKE ANNOUNCED THAT NO BIDS WERE RECEIVED ON
THE LANDLOCKED PARCEL LOCATED IN TRACT 4 OF INDIAN RIVER FARMS
COMPANY SUBDIVISION.
COORDINATOR THOMAS NOTED THAT EDWARD NETTO HAD REQUESTED
THAT THIS PIECE OF COUNTY PROPERTY BE SOLD, AND HE SUGGESTED THAT IT
BE READVERTISED.
IN FURTHER DISCUSSION, THE BOARD FELT THAT MR. NETTO SHOULD
BE CONTACTED'TO SEE IF HE IS STILL INTERESTED BEFORE REBIDDING OR ELSE
THIS PARCEL SHOULD BE INCLUDED.WITH THE NEXT GROUP OF COUNTY LAND
TO BE ADVERTISED FOR SALE.
THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED,
TO—WIT:
VERO BEACH -PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath
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
it) the / /Courrtt,, was pub-
lished in said newspaper in the issues of L� , / 9� / /�j7.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-
tiserrent; and affiant further says that he has neither paid nor,promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper. lfi Q
Sworn to and subscribed before n this K day of A.D.f/ %(J
(Businss Manager)
(sFAu (Clerk of the Circuit Court, Indian Ri er County, Florida)
10
NOTICE
NOTICE IS HEREBY GIVEN thatthe Board
of. County Commissioners of Indian River
County, Florida, will receive bids to the hour of
9:30 a.m. Wednesday, March 22, 1978, for the
following:
One (1) new 2 wheel drive
Pickup Truck
Engine -8 cylinder, minimum
340 C.I.D.
Specifications, instructions to bidders and
bidding blanks are available at the Office of
the County Administrator, Room Its, County
Court House, or will be mailed upon request.
The Board of County Commissioners
reserves the right to reject any or all of the
bids and make awards in any manner which
the Board considers to be in the best interest of
Indian River County, Florida.
Bids for the above item shall be submitted in
an envelope securely sealed and marked on the
outside to show the item being bid on and the
date and time of the opening. The bids may be
mailed or delivered to the Office of the County
Administrator, Room 115, County Court House,
Vero Beach, Florida, 32960. Proposals
received after 9:30 a.m. March 22,1978, will be
returned unopened.
Indian River County, Florida
Board of County Commissioners
By: William C. WodtkeJr.,
Chairman
Mar. 15, 19,1978.
@0�!( 34 PACE 1f'31
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THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE
WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED
AND READ:
MINTON EQUIPMENT COMPANY, FORT PIERCE
INTERNATIONAL HARVESTER SCOUT PICKUP TRUCK
DELIVERY 30-45 DAYS (INCLUDING TRADE-IN) $5,247.75
ALTERNATE BID -
INTERNATIONAL HARVESTER SCOUT PICKUP TRUCK
IN STOCK AND WITH MORE OPTIONAL EQUIPMENT,
(INCLUDING TRADE-IN) $5,631.72
FRED'COYNE CHEVROLET, VERO BEACH
CHEVROLET C-10 PICKUP TRUCK
DELIVERY 60 DAYS (INCLUDING TRADE-IN) $4,178.91
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED
TO THE ADMINISTRATOR FOR EVALUATION.
CITY -COUNTY BUILDING DIRECTOR, ESTHER RYMER, CAME BEFORE
THE BOARD TO DISCUSS A PROPOSED ORDINANCE ESTABLISHING A BUILDING
BOARD OF APPEALS. MRS. RYMER REQUESTED THAT THE COMMISSIONERS CON-
SIDER APPOINTING SUCH A BOARD FOR THE PURPOSE OF ADJUDICATING DIS-
PUTES AS -WELL AS'MAKING INTERPRETATIONS OF THE BUILDING CODE. SHE
STATED THAT THE CITY COUNCIL DID PASS THE PROPOSED ORDINANCE, COPIES
OF WHICH WERE SUPPLIED TO THE BOARD, BUT WITH A FEW CHANGES. THEY
ASKED FOR A MEMBERSHIP OF 7 INSTEAD OF 5. THE PROPOSED ORDINANCE
CALLED FOR AN ARCHITECT, CIVIL ENGINEER AND GENERAL CONTRACTORS AS
MEMBERS OF THE BUILDING POARD OF APPEALS, AND THE CITY CHANGED IT TO
INCLUDE THE CITY ENGINEER AS A VOTING MEMBER AND THE REMAINING MEMBERS
ALL TO BE OF PROFESSIONAL OR BUSINESS BACKGROUND, NOT NECESSARILY IN
THE BUILDING INDUSTRY.
CHAIRMAN WODTKE INFORMED THE BOARD THAT HE AND ATTORNEY
COLLINS HAVE MET WITH MRS, RYMER IN THIS REGARD, AND THEY DO FEEL
THERE REALLY IS A NEED FOR A BUILDING BOARD OF APPEALS BECAUSE THE
PRESENT BOARD OF ADJUSTMENTS DOES NOT HAVE THE TECHNICAL ABILITY TO
TO MAKE THIS TYPE OF DECISION ON THE BUILDING CODE. HE CONTINUED
THAT THE REQUEST WAS THAT THE COUNTY UTILIZE THE APPEALS BOARD AS
SET UP BY THE CITY. CHAIRMAN WODTKE STATED THAT HE RECOGNIZES THE
NEED FOR SUCH A BOARD, BUT HAS SOME STRONG FEELINGS THAT THE COUNTY
11
LIAR 2 2 1978
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MIGHT WANT TO APPROACH THIS A BIT DIFFERENTLY IN REGARD TO MEMBER-
SHIP. HE NOTED EVEN IF WE UTILIZE THEIR BOARD, WE STILL WOULD HAVE
TO ADOPT AN ORDINANCE AND GO THROUGH MAKING APPOINTMENTS, ETC,
COMMISSIONER LOY ASKED IF THIS WOULD BE STRICTLY AN
ADVISORY BOARD.
MRS. RYMER STATED THAT THEY WOULD BE MAKING FINAL DECISIONS
UNLESS THEIR DECISION IS APPEALED, AND THEN IT WOULD GO BACK TO THE
CITY COUNCIL AND AFTER THAT TO THE COURTS.
DISCUSSION FOLLOWED ON SOMEONE HAVING TO STATE RIGHT AWAY
4
WHETHER HE IS GOING TO APPEAL OR LOSE HIS RIGHT TO APPEAL, MRS.
RYMER NOTED THAT THE REASON FOR THIS IS THAT THEY ARE GENERALLY DEAL-
ING WITH EMERGENCY SITUATIONS WHERE CONSTRUCTION NEEDS TO CONTINUE,
AND THE BUILDING DEPARTMENT MUST ACT ON THE DECISION OF THE BUILDING
BOARD AND, THEREFORE, NEEDS TO KNOW RIGHT AWAY WHETHER THE PEOPLE
INTEND TO APPEAL OR NOT.
COMMISSIONER SIEBERT AGREED THAT THERE IS A NEED FOR SUCH
A BOARD, AND THE COUNTY SHOULD WORK ON ESTABLISHING ONE, BUT NOT
PRECISELY AS PRESENTED,
CHAIRMAN WODTKE POINTED OUT THAT MRS. RYMER'S OBJECTION
TO THE PRESENT ADJUSTMENT BOARD WAS THAT THEY HAVE DIFFICULTIES
DEALING WITH TECHNICAL PROBLEMS, AND HE FELT THE CITY'S RULING THAT
PEOPLE OF ANY PROFESSIONAL OR BUSINESS BACKGROUND COULD SERVE
WOULD DEFEAT THE PURPOSE OF ESTABLISHING SUCH A BOARD.
MRS. RYMER INFORMED THE BOARD THAT SHE WOULD PREFER THE
CITY AND THE COUNTY TO HAVE ONE BUILDING BOARD OF APPEALS FOR MANY
REASONS, AND SHE SUGGESTED THAT THE COUNTY REVIEW THE MEMBERSHIP
WHEN THE CITY BOARD IS ESTABLISHED AND POSSIBLY APPOINT THAT BOARD
AS THE COUNTY'S BOARD.
IT WAS NOTED THAT THE BOARD IS.SET UP TO BE APPOINTED BY
THE CITY COUNCIL, AND WE WOULD HAVE TO HAVE OVERLAPPING APPOINTMENTS.
COMMISSIONER SIEBERT FELT WE MIGHT WANT TO HAVE A DIFFERENT
BOARD IN ANY EVENT, AS HE DOES NOT FEEL THE COUNTY LIKES THE MAKE-UP
OF THE BUILDING BOARD AS SET UP -BY THE CITY, ESPECIALLY THE REQUIRE-
MENT THAT THE CITY ENGINEER BE A VOTING MEMBER.
12
BAR 2 21979
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DISCUSSION FOLLOWED ON THE QUORUM REQUIRED, AND COMMISSIONER
SIEBERT POINTED OUT THAT AS IT IS SET UP, IF ONLY FOUR MEMBERS WERE
PRESENT, YOU WOULD HAVE TO HAVE FOUR POSITIVE VOTES,
ATTORNEY COLLINS POINTED OUT THAT COUNTY APPEALS COULD NOT
BE HEARD BY THE CITY COUNCIL AND THE COUNTY WOULD HAVE TO MAKE ITS
OWN APPOINTMENTS. HE FELT THE IDEA OF THIS BOARD IS GOOD AND IT
SHOULD BE ESTABLISHED, BUT THAT IT IS UNWORKABLE AS NOW SUGGESTED
WITH THE CITY APPOINTMENTS. THE BOARD AGREED THEY COULD NOT GO ALONG
WITH THE APPOINTMENT OF THE CITY.ENGINEER.
CHAIRMAN WODTKE REQUESTED BUILDING DIRECTOR RYMER TO SUPPLY
ATTORNEY COLLINS WITH INFORMATION ON THE CHANGES.MADE IN THE ORDINANCE
BY THE CITY AND ALSO THE APPOINTMENTS WHEN THEY ARE MADE, AND IN THE
MEANTIME WE WILL DO SOME FURTHER STUDY ON THE MATTER.
CHAIRMAN WODTKE REVIEWED WITH THE BOARD THE FOLLOWING LETTER
RECIEVED FROM THE INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD IN
REGARD TO REPLACEMENT OF A WRECKED AMBULANCE:
MAR. 2 21979
13
Box. 34 A
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.duan &unty °%f'unteE% '::;�qM§u&nCZcSjuad
P. O.`�) 1714
ryito 1'�saaPi,oalc�a - 3296o
March 13, 1978
The Honorable William C. Wodtke, Jr., Chairman
Board of County Commissioners
Indian River County Court House
Vero Beach, Florida 32960
Dear Bill:
-After 11 years and9 months of Emergency Service
and over 25,000 runs and approximately 500,000 miles,
we had our first serious ambulance accident.
On the night of February 14, 1978 at approximately
3:30 A.M. ambulance Unit #18 collided with a private
car at U.S. 1 and 12th Street while on an emergency
run to aid a seriously injured man near the, overpass
on U.S. 1. 1.,
Both the ambulance and the car were totaled. Fort-
unately none of the member ambulance crew or the lone
passenger in the car were seriously injured.
Estimates of the damage to the ambulance were secured
promptly and insurance carriers consulted.
Our Board of Directors met February 18, 1978 to de-
cide the best course of action:
1. To repair Unit #18, the estimated cost was
$5,728.12. Rejected because there could be
hidden damage that could be hazardous in future
operation of Unit #18.
2. We found available a 1978 F250 Ford Type 11 am-
bulance in Orlando, Florida that could be made
available by March 1, 1978 for $13,696.40.
Purchase was authorized.
3. We.could.salvage from the wrecked Unit radio,
sirens and inverter equipment, medical equipment
and supplies worth approximately $2,300.00. The
original cost of Unit #18 was $16,000.00 fully
equipped.
4. Final Board decision:
• New'ambulance $13,696.40
Received insurance $5,228.12*
Received salvage
Unit 018 1,000.00
6,228.12
*Less $500.00
deductable 6,228.28
Cash loss $ 7,468.28 + incidentals
Because this has upset our replacement program of
turning over ambulances (Unit #18 was a 1977 Dodge) we
respectfully ask the County to aid us in this matter to
' the extend of $7,500.00.
Very truly yours,
/���;
A. Richard Todd, Chairman
arv,'y 1 Mc(.olla�ter, President
-MAR 2 2 1979 ,
} P010K 34 PACE 135
4
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COMMISSIONER Loy CONFIRMED THAT THE AMBULANCE SQUAD HAS HAD
AN ENVIABLE RECORD OVER THE YEARS AND THAT THEY ARE ON A PROGRAM OF
REPLACING THEIR VEHICLES ON A REGULAR BASIS.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AGREED THAT THE LETTER FROM THE AMBULANCE
SQUAD DATED MARCH 13, 19781 BE MADE A PART OF THE MINUTES AND APPROVED
THE REQUEST OF THE INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD FOR
$7500.00 FOR THE REPLACEMENT OF THE WRECKED AMBULANCE, THE FUNDS TO
BE PAID OUT OF FEDERAL REVENUE SHARING FUNDS.
ADMINISTRATOR .JENNINGS DISCUSSED WITH THE BOARD DRAINAGE
PROBLEMS ON THE PROPERTY OF .JERRY METCALF IN RIVENBARK SUBDIVISION,
UNIT 2. HE STATED THAT HISTORICALLY IN RIVENBARK SUBDIVISION 15TH
AVENUE HAS NOT BEEN MAINTAINED BY THE COUNTY AND THE REAR DRAINAGE
DITCH HAS NEVER BEEN MAINTAINED BY THE COUNTY, THE PARCEL OF PROPERTY
MARKED "NOT INCLUDED" ON THE PLAT BLOCKED THE DRAINAGE AND SUBSEQUENTLY
A 5" EASEMENT .WAS OBTAINED AND RECORDED ACROSS THIS PARCEL. THE
ADMINISTRATOR NOTED THAT THIS IS RATHER A CRITICAL DRAINAGE SITUATION
AND HAS BEEN SUBSTANDARD FOR YEARS. MR. METCALF WOULD NOW LIKE
THE COUNTY TO GO*IN AND OPEN UP THE DRAINAGE DITCH.
ASSISTANT ADMINISTRATOR NELSON AGREED THAT MR. METCALF
DOES HAVE A DRAINAGE PROBLEM, BUT NOTED THAT WE WOULD HAVE TO HAVE
AN ADDITIONAL EASEMENT IN ORDER FOR THE COUNTY TO DO ANYTHING ABOUT
IT OR ELSE RELEASE THE EASEMENT ON THE WEST SIDE OF MR. METCALF'S
PROPERTY SO HE COULD DO SOMETHING.
ADMINISTRATOR .JENNINGS STATED THAT IF THE BOARD ELECTED TO
AUTHORIZE'HIM TO REMEDY THIS SITUATION, HE FELT WE SHOULD PROFILE
THE DITCH AND SET SOME GRADES TO DETERMINE WHAT WILL HAPPEN WITH THE
DRAINAGE. HE'NOTED IT MAY BE NECESSARY TO BRING IN SOME DIRT AND
FILL A PORTION BECAUSE THE DITCH MAY BE EXESSIVELY DEEP AT THE POINT
BEHIND -MR. METCALF'S PROPERTY,
DISCUSSION FOLLOWED IN REGARD TO RELEASING THE EASEMENT
AS SUGGESTED BY MR. METCALF, BUT IT WAS AGREED THIS IS NOT A GOOD
IDEA BECAUSE IT COULD AFFECT ALL PEOPLE ON THE BLOCK.
MAR -221978 --
15
ON MOTION BY COMMISSSIONER SIEBERT, SECONDED BY COMMIS-
SIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR
TO PROFILE THE EASEMENT ON MR. METCALF'S PROPERTY IN RIVENBARK
SUBDIVISION, AND, IF, IN HIS DETERMINATION, THE ONLY WAY TO SOLVE
THE DRAINAGE PROBLEM IS TO INCREASE THE EASEMENT, THAT WE REQUEST
MR. METCALF TO ASSIST IN PROCURING THE NEEDED EASEMENT, AND IF IT
CAN BE SOLVED, THAT WE PROCEED WITH THE NECESSARY ACTION.
ATTORNEY COLLINS REQUESTED THAT THE BOARD NOW AUTHORIZE
RELEASE OF THE CASH BOND FOR LAURELWOOD, UNIT 21 SINCE THE LEGAL
HURDLES HE HAD MENTIONED EARLIER HAVE BEEN OVERCOME.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY APPROVED RELEASE OF STREET AND DRAIN-
AGE MAINTENANCE BOND FOR LAURELWOOD, UNIT 2, IN THE AMOUNT OF $5,400.00,
SUBJECT TO APPROVAL OF THE ATTORNEY AND THE ADMINISTRATOR.
ATTORNEY COLLINS NEXT DISCUSSED WITH THE BOARD THE WASHBURN-
CROZE ZONING VIOLATION COMPLAINT WHICH WAS REFERRED TO HIM FOR
RECOMMENDATION PRIOR TO ANY FINAL ACTION BY THE BOARD,
ATTORNEY COLLINS STATED THAT THE FOLLOWING FACTS EXIST:
(1) MRS. CRUZE WAS OPERATING A COMMERCIAL ENTERPRISE PRIOR TO THE
ZONING CHANGE WHICH MADE IT A NON -CONFORMING USE.
(2) IN THE OPERATION OF THAT COMMERCIAL ENTERPRISE SHE WAS NOT ONLY
RAISING AND SELLING PLANTS, BUT SHE WAS IMPORTING AND SELLING PLANTS.
(3) AERIALS OF THE PROPERTY AT A TIME CLOSE TO WHEN SHE BEGAN HER
OPERATION HAVE BEEN CHECKED AS WELL AS THE MOST CURRENT AERIALS, AND
IT APPEARS THAT SHE IS OPERATING HER BUSINESS WITHIN THE SAME FRAME
OF PROPERTY; ALTHOUGH, THE AERIALS INDICATE A GREAT INTENSIFICATION
OF THE COMMERCIAL ENTERPRISE.
(4) AT THE TIME THE ORIGINAL COMPLAINTS WERE FILED AND THROUGH
UNTIL TWO TO THREE WEEKS AGO, MRS. CRUZE WAS OPERATING HER COMMERCIAL
ENTERPRISE WITH EXTENDED USES BY.OPERATING ON THE DRAINAGE RIGHT-
OF-WAY AND SELLING OTHER RELATED PRODUCTS, PARTICULARLY FERTILIZER.
ATTORNEY COLLINS INFORMED THE BOARD THAT ACCORDING TO LAW,
EXTENSIONS OF A NON -CONFORMITY ARE NOT ALLOWABLE AND EXPANSIONS OF A
NON -CONFORMITY CREATE VIOLATIONS, BUT AN It INTENSIFICATION It OF A.
16
MAR 2 2197
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CONTINUING USE IS PERMISSIBLE. IN OTHER WORDS NEW STRUCTURES CAN-
NOT BE BUILT OR NEW PRODUCT LINES ADDED, BUT AS LONG AS THE PERSON
IS JUST DOING MORE OF WHAT THEY WERE DOING WHEN THE NON -CONFORMITY
BEGAN, THAT IS PERMISSIBLE. ATTORNEY COLLINS CONTINUED THAT THERE
WERE CLEARLY VIOLATIONS)AND THESE HAVE NOW BEEN CLEARED UP. HE
NOTED THAT PARS. CRUZE IS PROBABLY STILL SELLING FERTILIZER, BUT IT
IS INSIDE AND OUT OF SIGHT, AND HE FELT THIS -IS BORDERLINE AS TO
WHETHER IT IS A VIOLATION OR NOT. ATTORNEY COLLINS FELT HE COULD
ADVISE THE BOARD THAT A GREAT DEAL OF WHAT MRS. CRUZE IS DOING COMES
UNDER AN INTENSIFICATION OF A PRIOR NON -CONFORMITY, AND HE DOES NOT
FEEL IF WE TOOK THE MATTER TO COURT, THE BOARD WOULD BE SUCCESSFUL
UNDER THE CURRENT SET OF CIRCUMSTANCES; THOUGH THEY MAY WELL HAVE
BEEN SUCCESSFUL IF THE CIRCUMSTANCES EXISTING THREE MONTHS AGO
EXISTED NOW. THE ATTORNEY NOTED THAT HE ALSO TOOK INTO CONSIDERA-
TION THE FACT THAT THE COMPLAINANT HAS CERTAIN RELATIONSHIP PROBLEMS
WITH MRS. CRUZE.
ADMINISTRATOR .KENNINGS CONCURRED WITH ATTORNEY COLLINS'
STATEMENTS, AND NOTED THAT FOR SEVERAL YEARS HE TRIED TO RESOLVE
THE CONFLICT BETWEEN THESE PEOPLE. HE ALSO FELT THAT A LOT OF
CHANGES HAVE BEEN MADE BY MRS. CRUZE SINCE THIS MATTER HAS BEEN
BROUGHT BEFORE THE BOARD AND THAT THE OPERATION IS NOW ENTIRELY
WITHIN THE PROPERTY LINES OF THE LAND OWNED BY MRS. CRUZE, THE
ADMINISTRATOR POINTED OUT THAT THE COMPLAINANT STILL HAS THE RIGHT
TO TAKE THIS MATTER TO COURT IF HE DESIRES.
COMMISSIONER SIEBERT FELT THE ATTORNEY DID AN EXCELLENT
JOB OF EXPLAINING THE SITUATION AND STATED HE PERSONALLY WOULD BE
SATISFIED TO SAY THAT THE WHOLESALE AND RETAIL SALE OF PLANTS IS
A NON -CONFORMING USE OF THE PROPERTY, BUT THE ADDITION OF NEW PRODUCTS
LINES IS AN EXPANSION. HE DID NOT FEEL WE SHOULD TAKE ANY LEGAL
ACTION UNLESS MRS. CRUZE RESISTS THE BOARD'S RECOMMENDATIONS AND
CONTINUES TO SELL NEW PRODUCT LINES.
CHAIRMAN WODTKE STATED THAT HE WILL CERTAINLY ACCEPT THE
LEGAL DECISION OF ATTORNEY COLLINS AND THE CONCURRENCE OF THE
17
MAR. 2 2 1978
138
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ADMINISTRATOR, BUT.EXPRESSED CONCERN IN REGARD TO HOW FAR YOU CAN
GO WITH AN INTENSIFICATION.
COMMISSIONER SIEBERT NOTED THAT INTENSIFICATION IS LEGAL,
BUT EXPANSION IS NOT.
CHAIRMAN WODTKE POINTED OUT THAT THE ADDING OF FERTILIZER,
WOOD CHIPS, MULCH, ETC., WAS A CONSIDERABLE EXPANSION.
ATTORNEY COLLINS NOTED THAT WE HAVE NO PROVISION IN THE
ZONING ORDINANCE TO RETIRE NON -CONFORMITIES, AND FELT THE BOARD MAY
WANT TO CONSIDER IMPLEMENTING .SUCH PROVISIONS. HE AGREED THAT THE
STATUES AND FERTILIZER WERE CLEARLY AN EXPANSION.
MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER Loy, TO STATE THAT IMPORTATION AND WHOLESALE AND RETAIL
SALE OF PLANTS BY MRS. CRUZE IS AN INTENSIFICATION AND NOT A VIOLA-
TION, BUT ADDITION OF NEW PRODUCT LINES SUBSEQUENT TO THE ORDINANCE
CONSTITUTES AN EXPANSION, WHICH IS A VIOLATION AND MUST BE CORRECTED.
COMMISSIONER SCHMUCKER DID NOT AGREE WITH THE MOTION AS
HE FELT IT MIGHT PUT THE BOARD IN A POSITION WHERE THEY WILL HAVE
TO PURSUE THIS MATTER,
CHAIRMAN WODTKE CALLED FOR THE QUESTION. COMMISSIONER
SCHMUCKER VOTED IN OPPOSITION. ALL OTHERS VOTED IN FAVOR, AND THE
MOTION CARRIED.
WARREN ZEUCH, .JR., CHAIRMAN OF A COMMITTEE APPOINTED BY
THE CHAMBER OF COMMERCE TO PROMOTE A TOURIST DEVELOPMENT TAX, CAME
BEFORE THE BOARD AND REPORTED THAT, AS REQUESTED, THEY HAVE MET WITH
HOTEL OPERATORS AND OTHERS, AND SO FAR HAVE HAD NO REPERCUSSIONS IN
REGARD TO SUCH A TAX. HE ASKED THAT THE BOARD CONSIDER THIS ITEM
FAVORABLY AND PLACE IT ON THE SEPTEMBER PRIMARY BALLOT, WHICH
WOULD BE THE EARLIEST POSSIBLE TIME WITHOUT HAVING A SPECIAL BALLOT.
J. B. NORTON, VICE PRESIDENT OF.THE CHAMBER OF COMMERCE,
DISTRIBUTED TO THE BOARD NEW RULINGS FROM THE DEPARTMENT OF REVENUE
ON HOW THESE FUNDS MUST BE USED. HE NOTED THAT PEOPLE IN REST HOMES
AND HOUSING AUTHORITIES WOULD BE EXEMPT FROM THE TAX, BUT THE SIX
MONTH IS PERIOD IS STILL A GRAY AREA AND WILL BE LOOKED INTO FURTHER.
HE STATED THAT HE WOULD LIKE TO SEE AN AMENDMENT INTRODUCED TO
(:
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w
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CLARIFY THAT ONE PARTICULAR SEGMENT
MR. NORTON SUBMITTED NAMES OF PEOPLE WHO MIGHT BE INTERESTED
IN WORKING ON A TOURIST DEVELOPMENT TAX BOARD, AND NOTED THAT THE
CHAIRMAN MUST BE CHAIRMAN OF THE BOARD OF COUNTY COMMISSSIONERS.
THE BOARD MUST BE SET UP SIXTY DAYS PRIOR TO THIS MATTER BEING PLACED
ON THE BALLOT, AND THEY ARE, THEREFORE, REQUESTING THAT THE COMMIS-
SIONERS CONSIDER THIS MATTER AND APPOINT THE.BOARD AS QUICKLY AS
POSSIBLE SO THEY CAN'GET THE GROUNDWORK GOING. HE STATED THAT THE
CHAMBER OF COMMERCE WOULD DEAL WITH ANY EXPENSES RELATING TO SUCH
A BOARD, MR. NORTON THEN DISCUSSED CITIES THAT CURRENTLY USE THIS
TAX, AND NOTED THAT TOURISM IN FLORIDA LAST YEAR GREW LESS THAN
THE LOWEST IN ITS HISTORY. HE CONTINUED THAT HE HAS RECEIVED NO
OBJECTIONS FROM ANY OF THE GROUPS THEY HAVE MET WITH, AND FURTHER
NOTED THAT THERE IS A GROWING INTEREST IN ALLOCATING SOME OF THESE
FUNDS TO BEACH RESTORATION, PARKS, ROADS, ETC.
CHAIRMAN WODTKE ASKED IF ANYONE PRESENT WISHED TO BE HEARD.
FRANK HOWARD OF HOLIDAY INN STATED THAT HE HAS BEEN CLOSELY
INVOLVED WITH THE CHAMBER OF COMMERCE IN REGARD TO THE PROMOTION OF
TOURISM, AND HE FELT THE TOURIST DEVELOPMENT TAX WOULD BE A TREMENDOUS
VEHICLE TO BENEFIT BOTH THE COUNTY'S ECONOMY AND RESIDENTS. MR.
HOWARD NOTED THAT IF THECOUNTY DOESN'T HAVE THE BENEFIT OF THESE FUNDS,
WE WILL BE TAKEN OUT OF THE MARKETPLACE TO A GREAT EXTENT BY NOT
BEING ABLE TO COMPLETE WITH THE COUNTIES WHO DO ADOPT THIS TAX,
DONNA KELLER SPOKE REPRESENTING HOWARD JOHNSON, OCEANSIDE
AND CONCURRED WITH MR. HOWARD'S STATEMENTS, SHE NOTED THAT THEY HAVE
THE ROOMS TO HANDLE CONVENTIONS AND COULD DO SO MUCH MORE IF THEY
HAD THE TAX MONEY TO WORK WITH.
CATHERINE ARMSTRONG, PRESIDENT OF FRIENDS OF THE RIVERSIDE
THEATRE, FELT THAT SUCH A TAX WOULD GREATLY ENHANCE OUR COMMUNITY,
SHE NOTED THAT OUR THEATRE IS QUITE UNIQUE AND CAN BE A GREAT DRAW-
ING CARD FOR TOURISTS, BUT A GREAT DEAL MUST BE SPENT TO ATTRACT THEM.
MRS. ARMSTRONG WAS STRONGLY IN FAVOR.OF SUPPORTING SUCH A TAX,
WILLIAM KOOLAGE FELT THE CONTRARY VIEW SHOULD BE CONSIDERED
ALSO, HE POINTED OUT THAT WE ARE JUST IN THE PROCESS OF TRYING TO
GET INTO THE NEW HOSPITAL BECAUSE OF OVERCROWDING IN THE OLD ONE,
19
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AND THE MORE TOURISTS YOU GETjTHE MORE SPACE WILL BE OCCUPIED IN
THE HOSPITAL, WHICH COULD CREATE THE NEED FOR A FURTHER EXPANSION.
MR, KOOLAGE CONTINUED THAT MANY PEOPLE LIKE THIS TOWN BECOUSE IT IS
A NICE SMALL TOWN, AND IF YOU TRY TO EXPAND THE TOURIST BIT TOO
MUCH, IT WILL TAKE AWAY FROM SOMETHING THAT BROUGHT US ALL HERE.
HE NOTED THAT IT ALSO MIGHT INTENSIFY SOME OF OUR TRAFFIC PROBLEMS
IN THE WINTERTIME AND, THEREFORE, NOT EVERYBODY IN THE COMMUNITY
WILL BE HAPPY WITH INCREASED TOURISM.
WARREN ZEUCH NOTED THAT IF WE HAVE THE OPPORTUNITY TO
ENHANCE WHAT IS PRESENTLY IN EFFECT, WE WOULD BE UNWISE NOT TO TAKE
ADVANTAGE OF IT BECAUSE THE TOURISTS WILL COME WHETHER YOU WANT THEM
OR NOT.
COMMISSIONER SIEBERT STATED THAT HE WOULD LIKE TO ADOPT
A RESOLUTION IN REGARD TO THE TOURIST DEVELOPMENT TAX, BUT FELT WE
MUST HAVE THE NAMES OF PEOPLE WHO WILL BE ON THE BOARD FIRST AND
MUST DETERMINE -THE STAGGERED TERMS.
DISCUSSION FOLLOWED IN REGARD TO SELECTION OF APPOINTEES
TO BE INCLUDED -IN THE RESOLUTION AND THE STAGGERING OF TERMS.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 78-20 IN RE ESTABLISH-
ING A LOCAL OPTION TOURIST DEVELOPMENT TAX.
I MAR 2 Z1.1978
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RESOLUTION NO. 78- 20
WHEREAS, the Vero Beach - Indian River County Chamber of Commerce and
-other interested citizens have requested the Board of County Commissioners
of Indian River County, Florida to establish a Local Option Tourist Develop-
ment Tax pursuant to Florida Statute, 77-209; and
WHEREAS, after consideration of all the discussions heard on the above
cited matter, the Board of County Commissioners takes the following action:
I. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, That the Board hereby enacts this Resolution pursuant to
Subsection 2 of Section 4 of Chapter 77-209, Florida Statutes:
The following members are hereby appointed to the.INDIAN RIVER COUNTY
TOURIST DEVELOPMENT COUNCIL:
Initial Term
in Years
William C.. Wodtke, Jr. Chairman 4
Thomas W. Lockwood Municipal Officer 2
Skip Gray Municipal Officer 4
Frank G. Howard Owner or Operator of 2
Tourist Accommodations
Ted Cocolin Owner or Operator of 4
Tourist Accommodations
Donna Keller Owner.or operator of 2
Tourist Accommodations
Aldis P Butler Representative of 4..
Tourist Industry
J.B. Norton, Jr. Representative of 2
Tourist Industry
Warren T. Zeuch Representative of 4
Tourist Industry
II. BE IT RESOLVED, that it is the intention of Indian River County
to consider the enactment of an Ordinance levying and imposing a Tourist
Development Tax as provided fo.r in Florida Statute, 77„209; and
III. BE IT RESOLVED that the duly appointed INDIAN RIVER COUNTY TOURIST
DEVELOPMENT COUNCIL shall, from the date of this Resolution, act in accordance
with the intent of Florida Statute 77-209 by preparing and submitting to the
Board for its approval, a Plan for Tourist Development. The Plan shall set
forth the anticipated net Tourist Development Tax Revenue to be derived by the
County for twenty-four (24) months following the levying of the tax, the tax
MAR 2.21979
PAA42
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District in which the Tourist Development Tax is proposed, and a list, in the
order of priority of the proposed uses of said Tax Revenue by specific project
r7
or specific use as the same are authorized under Section 5 of Florida Statute
77-209'. The Plan shall also include the approximate cost or expense allocation
'for each specific project or special use. The Plan shall recommend to the Board
what rate is recommended for the Governing Board of the County to levy and impose
for the purposes set out in this Resolution.
�1
Said Resolution shall become effective as of the 22nd day of March ,
1978.
BOARD OF COUNTY COMMISSIONERS OF
s
INDIAN RIVER COUNTY, FLORIDA
By
William C. Wodtke, ., Chairman
Attest:
- . * -/�,
Clerk
MAR 2 2 1978
�Cw 34 PAGE x.43
0
IN ,
.JAMES.BEINDORF, ENGINEER, CAME BEFORE THE BOARD TO DISCUSS
ABANDONMENT OF THE LAST 3/4 MILE OF PECAN ROAD, HE INFORMED THE
BOARD THAT THE FIRST PROJECT PROPOSED FOR THIS PROPERTY WAS KNOWN
AS LA MESA, AND IT LATER BECAME KNOWN AS INDIAN RIVER TRAILS, WHICH
WAS APPROVED AS A DEVELOPMENT OF REGIONAL IMPACT IN 1974. MR.
BEINDORF CONTINUED THAT A GROUP HAS NOW PURCHASED THIS PROPERTY AND
IS TRYING TO GET SITE PLAN APPROVAL TO BUILD A CHAMPIONSHIP GOLF
COURSE. THE PLAN FOR THE GOLF COURSE ALSO SHOWS SOME SINGLE AND
MULTIPLE FAMILY UNITS, BUT THE GOLF COURSE WILL BE DEVELOPED FIRST
AND THEN THE LAND. MR. BEINDORF EXPLAINED THAT IN ORDER TO DEVELOP
THE GOLF COURSE, IT IS NECESSARY TO RELOCATE A PORTION OF PECAN
ROAD. DR. DAY AND OTHERS OF THE GROUP OWN ALL THE LAND, EXCEPT
LOTS 19 AND 20 WHICH ARE IN INDIAN RIVER FARMS DRAINAGE DISTRICT,
AND THEY ARE NOT ASKING FOR ABANDONMENT UNTIL THEY ARE EAST OF
THOSE TWO LOTS. MR. BEINDORF STATED THAT HE WENT BEFORE THE DRAIN-
AGE DISTRICT BOARD IN REGARD TO THIS MATTER, AND THEY COULD SEE NO
PROBLEM IF ADDITIONAL RIGHT-OF-WAY WERE GRANTED. HE NOTED THAT THE
PROPERTY OWNERS WOULD DONATE THE LAND TO RELOCATE PECAN ROAD AND
BUILD AND RELOCATE THE CANAL TO EMPTY INTO LATERAL G, WHICH THE
DRAINAGE DISTRICT AGREED WOULD SERVE MORE PROPERTY TO THE NORTH
THAN IT DOES AT THE PRESENT TIME.
THE BOARD -DISCUSSED THE AFFECT OF CHANGING OF THE DITCH
ON THE SURROUNDING PROPERTY. THE PRESENT DITCH HAS NEVER BEEN
MAINTAINED BECAUSE IT IS ONLY PASTURE LAND,
CHAIRMAN WODTKE STATED HE HAD NO PROBLEM WITH THE SUGGESTED
RELOCATIONS AS.LONG AS THE DEVELOPER TOOK CARE OF ANY COST AND FELT
ONCE WE.ARE ASSURED THAT THE DRAINAGE DISTRICT HAS GIVEN THEIR CONCUR-
RENCE, THE BOARD WOULD HAVE NO PROBLEM WITH THE ABANDONMENT AND
RELOCATION AS REQUESTED. THE BOARD AGREED.
THE BOARD THEREUPON RECESSED AT 12:00 O'CLOCK NOON AND
RECONVENED AT 1:30 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT.
COMMISSIONER SCHMUCKER INFORMED THE BOARD THAT RESIDENTS
ON THE BEACH IN THE AREA LYING SOUTH OF THE MOORINGS WISH TO HAVE
A SPECIAL TAXING DISTRICT SET UP SO THEY CAN RAISE TAXES TO PAY
23
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Mot _ � easy 44
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FOR UTILITIES. HE NOTED THE MOST IMPORTANT PROJECT NOW WOULD BE
THE EXTENSION OF WATER LINES INTO THIS AREA, COMMISSIONER SCHMUCKER
FELT THEY WOULD LIKE TO HAVE AN ORDINANCE SIMILAR TO THE ONES ADOPTED
FOR FOUR OTHER SECTIONS OF THE COUNTY SO THAT IT WILL BE POSSIBLE
TO HAVE THIS TAXING DISTRICT IF AND WHEN IT IS NEEDED,
HEPBURN WALKER, A RESIDENT OF THE SOUTH BEACH AREA, NOTED
THAT THE MOORINGS AGREEMENT, WHICH WAS A ROAD BLOCK TO GETTING
WATER TO THIS AREA, HAS NOW BEEN RESOLVED WITH THE CITY. HE FURTHER
NOTED THAT LOWELL LOHMAN, WHO HAS THE FRANCHISE IN THIS AREA IS
ANXIOUS TO GIVE IT UP, AND HE FEELS THAT MR. LOHMAN'S ATTORNEY WILL
REQUEST THAT THE FRANCHISE AGREEMENT BE VOIDED SINCE THE DER WON'T
GIVE MR. LOHMAN A PERMIT FOR A DEEP WELL.
MR. WALKER INFORMED THE BOARD THAT THERE ARE PRESENTLY 24
HOMES SOUTH OF SOUTH PASSAGE - TWENTY IN ONE SECTION AND FOUR IN
ANOTHER SECTION. HE FELT THAT THE BOARD WOULD GET A FAVORABLE REAC-
TION FROM 90% OF ALL THE PROPERTY OWNERS IN THE AREA, ESPECIALLY
SINCE THE WATER TABLE NOW HAS GONE TO SALT,
CHAIRMAN WODTKE ASKED WHAT MR. WALKER HAS IN WRITING FROM
THE CITY OF VERO BEACH THAT WOULD GUARANTEE THAT THEY COULD GET
WATER FROM THE CITY.
MR. WALKER STATED THAT HE HAS NOTHING IN WRITING, BUT ,JOHN
LITTLE, CITY MANAGER, HAS MADE COMMITMENTS TO BOTH LOWELL LOHMAN
AND HIMSELF THAT IF HE IS SURE'IT CAN BE DONE, HE WILL GET THE WATER
TO, THEM.
COMMISSSIONER SIEBERT POINTED OUT THAT THESE THINGS ARE
ALL IN THE'FUTURE, AND THESE PEOPLE APPARENTLY MAINLY WANT TO '
START THE MECHANISM WORKING TOWARDS THIS END.
CHAIRMAN WODTKE STATED THAT HE HAS NO PROBLEM WITH A TAX-
ING DISTRICT AND HAS A GREAT DEAL OF.CONFIDENCE IN MR, LITTLE, BUT
HE IS NOT SURE WHAT THE CITY COUNCIL WILL DO.
MR. WALKER STATED THAT TO PICK UP THE FEW HOMES INVOLVED
IN THIS AREA NOW WOULD BE NO GREAT PROBLEM FOR THE CITY, BUT WHEN
PADGETT'S DEVELOPMENT GETS IN, THAT WILL BE A DIFFERENT STORY.
CHAIRMAN WODTKE INQUIRED AS TO HOW THE TAXING DISTRICT
24'
MAR 221978
$DSK r'1 PAU .
I
WILL PURCHASE THE WATER,
. ATTORNEY COLLINS FELT THAT THE TAXING DISTRICT WOULD
BUILD THE LINES AND ENTER INTO AN AGREEMENT WITH THE CITY TO PROVIDE
WATER. HE STATED THAT HE WOULD NEED A LEGAL DESCRIPTION OF THE LANDS
TO BE INCLUDED AS HE DID NOT WANT TO INCLUDE ANY LAND OTHER THAN CAN
BE IMMEDIATELY SERVED.
MR. WALKER SAID HE WOULD LIKE TO SEE THE LINE GO AT LEAST
AS FAR AS THE SOUTHERNMOST HOME.
COMMISSIONER SIEBERT ASKED WHEN MR. WALKER SAID 90% OF
T PROPERTY OWNERS WOULD SUPPORT THIS, DID HE MEAN PROPERTY OWNERS OR
HOME OWNERS.
MR, WALKER STATED THAT HE HAS SO FAR HEARD MOSTLY FROM
HOME OWNERS, BUT HAS CONTACTED TWO WHO OWN VERY LARGE TRACTS.
HE STATED THAT HE HAS A LIST OF THE OUT-OF-STATE OWNERS AND DOES
BELIEVE THE MAJORITY ARE IN FAVOR BECAUSE IT WILL INCREASE THE VALUE
OF THEIR PROPERTY. MR. :BALKER NOTED THAT CONSTRUCTION HAS LITERALLY
BEEN BROUGHT TO A HALT BECAUSE THE DER WONT GIVE A PERMIT TO LOWELL
LOHMAN BECAUSE OF THE PROSPECT OF CITY WATER FOR THE AREA,
COMMISSIONER LOY FELT SHE WOULD LIKE TO HAVE SOMETHING IN
WRITING FROM OWNERS IN THE AREA SUPPORTING THIS, AND MR, WALKER
NOTED THAT ATTORNEY KEN SHARP PRESENTED A PETITION WITH 33 SIGNA-
TURES IN THIS REGARD TO THE BOARD LAST YEAR, INCLUDING MR. NICHOLS
WHO IS ONE OF THE BIGGEST LANDOWNERS ON THE AREA.
COMMISSIONER SIEBERT ASKED IF MR. WALKER WOULD BE WILLING
TO CONTACT ALL THESE PROPERTY OWNERS AND INFORM THEM THE BOARD
APPARENTLY IS WILLING TO SET UP SUCH A TAXING DISTRICT AND GET
THEIR REACTION. MR. WALKER STATED THAT HE WOULD DO SO.
CHAIRMAN WODTKE AGREED THE PROPERTY OWNERS SHOULD HAVE
THIS NOTIFICATION SINCE WE WOULD NOT BE GOING TO.A REFERENDUM,
DISCUSSION CONTINUED IN REGARD TO A LEGAL DESCRIPTION
OF THE PROPERTY TO BE INCLUDED IN THE TAXING DISTRICT, AND ATTORNEY
COLLINS NOTED THAT IT HAS TO BE CONTIGUOUS.
MR. WALKER FELT THAT THE DISTRICT SHOULD INCLUDE THE
PROPERTY ALL THE WAY TO THE SOUTH COUNTY LINE. HE FELT THIS WOULD
BE THE FAIREST WAY AND NOTED THERE WOULD BE AN ADVANTAGE TO HAVING
25
MAR 2 2 1979
a Boa ��� 146
i*
a
WATER AT ROUND ISLAND PARK,'
CHAIRMAN WODTKE ASKED MR. WALKER TO HAVE HIS GROUP PROVIDE
ATTORNEY COLLINS WITH THE PROPER LEGAL DESCRIPTION.
ON LOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LAY, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE A
Z
PUBLIC HEARING FOR ESTABLISHMENT OF A SPECIAL TAXING DISTRICT FOR
WATER IN THE SOUTH BEACH AREA TO BE HELD ON MAY 24, 1978,
F.
ZONING DIRECTOR WALKER CAME BEFORE THE BOARD ON BEHALF OF j
JOSEPH AND KATHY FINK WHO ARE REQUESTING AN APPEAL OF THE VARIANCE
BOARDS DECISION AS SET OUT IN THE FOLLOWING LETTER FROM .JOSEPH CHARLES
FINK.
MAR 2197:
a
26
Boa. 34 PxE x.47
f
P.O. Box 1838
Vero Beach, Florida 32960
March 14, 1978
Indian River County. Commissioners
Indian River County Court house
Vero Beach, Florida 32960
RE: Request an Appeal of the Variance Board's Decision
Dear Commissioners:
This letter is to familarize you with the history of this
property and what we would like to do with it.
On May 7, 1920, Joseph Fink and his wife, Carrie Fink, bought
-from Indian River Farms Company .11 and 6 hundredths acres of
Tract 11, Section 28, Township 32 South, Range 39 East, as
the same is designated on the last general plat of lands of
the Indian River Farms Company, filed in the Office of the
Clerk of the Circuit Court of St. Lucie County, Florida.
On January 6, 1958, Carrie Fink, died and left the above
described property to Joseph Fink, Jr., her son.
It is Joseph Fink, Jr.'s wish to have his entire family live
on this property. At the present time Joseph Fink, Jr., his
wife Lorene, and their youngest son Robert Sheldon Fink, live
in the house that.was built by his father when this property
was first bought: His middle son, Johnny Fink, his wife Frances,
and their two children live in a seperate house on the same
property. Air. Joseph Fink, Jr. has conveyed a portion of said
..property to his eldest son Joseph Charles Fink and his wife,
Kathy Fink on which they propose to build a home. This property
is discribed as the North 64S feet of the East 12 of the West
11.06 Acres of Tract 11, Section 28, Township 32 South, Range
39 East. Less right-of-way for canal, and subject to a
,drainage easement along the {Vest 10 feet, together with the
right of ingress and egress over the East 32 feet of the {Vest
h of the West 11.06 Acres of Tract 11, Section 28, Township
.32 South, Range 39 least and is the property in question.
On November S, 1975, Joseph Fink, Jr. went before the Zoning
Board to request a zoning; change -from LA11. to R1. The Zoning
Board denied the 'request but 511111gested that a variance 11"Olt
be obtained so that an additional honce would be built on the
p.roper-t•y. .
Dewey Walker, from the Zoning Department, recommended that
Joseph Charles Fink appear before the Variance Board to request
a variance to build a home. On March 13, 1978 this was done.
The Variance Board denied this by a three to one vote. Their
reason for this- denial was that they felt it was the Zoning
Board's iob to change the zoning..
This property has been in the family .for approximately sixty
years and never used for any purpose other than residential.
We do not care if the zoning is changed or a variance is granted:
All that we are requesting is that we be granted permission to
build one additional home on this property so that the entire
family may live on this property.
Respectfully Submitted,
4 -
Mr. $ Mrs. Joseph Charles Fink
i
song 1 34 PAGE 148
I
R
ZONING DIRECTOR WALKER NOTED THAT MR. FINK CAME BEFORE
THIS BOARD IN REGARD TO THIS MATTER IN 1975, BUT DECIDED NOT TO
PURSUE IT AT THAT TIME. NOW MR. FINKS SON WISHES TO BUILD ON HIS
FOUR ACRES WHICH FRONT ON SOUTH GIFFORD ROAD, ZONING DIRECTOR WALKER
NOTED THAT THE AIRPORT RUNWAY GOES NEAR THIS LOCATION, AND THE FAA
IS CONCERNED ABOUT INTERFERENCE WITH FUTURE JET TRAFFIC, BUT POINTED
OUT THAT THE MINUTES INDICATED IF THE PROPERTY COULD FRONT ON A
PUBLIC ROAD, IT WOULD HELP, AND THIS WAS DONE, HE STATED THAT THEY
HAD HOPED TO BE GRANTED A VARIANCE, BUT THIS DIDN'T WORK OUT, AND
NOW HE DOES NOT KNOW WHERE TO DIRECT MR. FINK TO GO FOR A REMEDY.
ZONING DIRECTOR WALKER AGREED THAT A CHANGE TO R-1 WOULD BE SPOT
ZONING, AND INFORMED THE BOARD THAT THE NEXT DOOR NEIGHBORS HAVE
INDICATED THEY WOULD LIKE THE ZONING LEFT AS IT IS, BUT JUST ALLOW
ANOTHER HOUSE TO BE BUILT THERE.
CHAIRMAN a;ODTKE ASKED ABOUT THE CHANGE OF ACCESS, AND
ZONING DIRECTOR WALKER NOTED THE SUBJECT PROPERTY IS AN ACRE WIDE
AND FOUR ACRES DEEP AND FRONTS ON SOUTH GIFFORD ROAD, AND THERE IS
ADEQUATE FRONTAGE ON A PUBLIC ROAD,
ATTORNEY COLLINS ASKED IF THERE IS ANY INDUSTRIAL USE ON
THE PROPERTY NOW, SUCH AS, FOR INSTANCE, STORAGE FACILITIES.
MR. FINK STATED THAT THEY DO HAVE FACILITIES TO STORE
HORSES.
ATTORNEY COLLINS NOTED THAT STORAGE IS A PERMITTED USE IN
THIS••ZONING, AND ACCESSORY STRUCTURES ARE ALLOWED RELATIVE TO THE
PERMITTED USE.
'AFTER -FURTHER DISCUSSION, CHAIRMAN VODTKE INSTRUCTED
ATTORNEY COLLINS TO CONTACT THE ATTORNEY OF THE VARIANCE BOARD AND
REVIEW THIS MATTER.
CHAIRMAN VODTKE REQUESTED THAT AN EMERGENCY ITEM BE ADDED
TO TODAY'S AGENDA IN REGARD TO THE CLERK'S DEPARTMENT.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AGREED TO ADD TO TODAY'S AGENDA THE
EMERGENCY ITEM REQUESTED BY THE CHAIRMAN.
99
moo 34. PA.,,
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CHAIRMAN WODTKE NOTED THAT A FEW MEETINGS AGO WE RECEIVED
A MEMO FROM INTERGOVERNMENTAL COORDINATOR THOMAS REQUESTING THAT THE
BOARD CONSIDER HIRING AN OUTSIDE CPA TO DO A STUDY ON OUR LANDFILL
OPERATION IN CONJUNCTION WITH OUR BONDS AND THE BOND MONIES WE HAVE.
CHAIRMAN W,ODTKE CONTINUED THAT WE EMPLOYED THE FIRM OF HAMILTON &
BAKER TO PERFORM THIS WORK FOR THE COUNTY, AND HE NOW HAS RECEIVED
THE FOLLOWING REPORT FROM MR. BAKER, WHICH HE WISHED TO HAVE MADE.
A PART OF THE MINUTES:
0
S. THOMAS HAMILTON. JR., C.P.A.
C. DmGHT BAKER, C.P.A.
March 17, 1978
HAMILTON & BAKER
CHARTERED
CERTIFIED PUBLIC ACCOUNTANTS
855 MIRACLE MILE
VERO BEACH, FLORIDA 32960
Honorable William C. Wodtke, Jr., Chairman
Board of County Commissioners
Indian River County
Vero Beach, Florida 32960
Dear Chairman Wodtke:
IN REPLY
P.O. Box 6370
VERO BEACH, FLORIDA 32960
TELEPHONE (305) 569-4200
We have reviewed the Bond Resolution number 77-110 passed on November 2, 1977 by the
Board of County Commissioners, Indian River County, Florida and the related Official
Statement of the $1,815,000 Indian River County, Florida Solid Waste Disposal System
Revenue Bonds, Series 1977. Our review was limited to determination of the Board's
compliance with the covenants of the aforementioned Bond Resolution.
The Bond Resolution required distribution of the bond sale proceeds into "separate
special funds". The County has not complied with the requirement of establishing
"separate special funds" for the Operating Reserve Account, Sinking Fund, Sinking
Fund Reserve and Facilities Construction Fund and distributing the bond sale proceeds
to those "separate special funds."
The Bond Resolution prohibits comingling of the bond sale proceeds and revenues gen-
erated by the Solid Waste Disposal System with other County funds. The County has not
complied with the Bond Resolution because all the Solid Waste Disposal System revenues
and proceeds from the bond sales are not presently maintained in "separate special
funds", but are comingled with the other County funds in the County's single operating
bank account and investment account.
The County was required to establish the following "separate special funds" and to
fund them in the following manner:
1. Establish a bank account and/or purchase authorized investments for the
"Solid Waste Disposal System Operating Reserve Account" in the amount
of $260,000.00.
2. Establish a bank account and/or purchase authorized investments for the
"Solid Waste Disposal System Sinking Fund Account" in the amount of
$231,199.29 less the $48,097.50 paid on March 1, 1978 interest.
29
AR2 2 �� = BOOK '34 PAGE tc�j
e
11
a
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March 17, 1978
I Honorable William C. Wodtke, Jr.
Page Two
f 3. Establish a bank account and/or purchase authorized investments for the
"Solid Waste Disposal System Sinking Fund Reserve Account" in the amount
of $100,000.00.
4. Establish a bank account and/or purchase authorized investments for the
"Solid Waste Disposal System Facilities Construction Fund" with the
remaining proceeds of the bond sales in the amount of $192,541.25.
We recommend that the County take immediate corrective action to comply with the
"covenants of the Bond Resolution.
001
ailtt,'& Baker, Chartered
Certified Public Accountants
CHAIRMAN WODTKE DISTRIBUTED COPIES OF THE REPORT TO THE
BOARD AND INFORMED THEM THAT THE CLERK HAS RECEIVED A COPY OF THIS
REPORT.
AS BACKGROUND, THE CHAIRMAN INFORMED THOSE PRESENT THAT
THE BOND RESOLUTION WAS DELIVERED TO THE CLERK'S OFFICE AND WE RE-
QUESTED NUMEROUS TIMES INFORMATION AS REQUIRED BY THE BOND AND BY
THE INTERGOVERNMENTAL COORDINATOR TO BE SURE WE WERE MEETING THESE
OBLIGATIONS. WHEN THE POINT WAS REACHED WHERE WE DID NOT FEEL WE
COULD OBTAIN ENOUGH INFORMATION TO BE SURE WE WERE IN COMPLIANCE,
WE THEN HIRED AN OUTSIDE CPA TO SEE IF WE WERE, IN FACT,.IN COMPLIANCE,
AND THIS IS THE REPORT SUBMITTED BY HAMILTON & BAKER AS ABOVE.
CHAIRMAN HIODTKE EXPRESSED CONCERN THAT THIS BOARD AND THE
CLERKS OFFICE HAVE NOT COMPLIED WITH THE BOND RESOLUTION AND ALSO
WITH THE FACT THAT THE BOARD HAS NOT BEEN ABLE TO GET THE NECESSARY
INFORMATION TO DETERMINE THIS WITHOUT HAVING TO GO TO AN OUTSIDE FIRM,
THE CHAIRMAN NOTED THAT HE HAS HAD OCCASION IN THE LAST
FEW MONTHS TO BE IN CONFERENCE WITH THE CLERK ABOUT CONCERNS OF THE
BOARD AND FEELS THERE ARE OTHER AREAS WHICH SHOULD BE DISCUSSED.
HE STATED THAT THIS BOARD HAS NOT HAD THE TYPE OF SERVICE FROM THE
CLERK THAT WE FEEL IS NECESSARY FOR THE BOARD TO FUNCTION AS REQUIRED,
AND HE BELIEVES THAT.WE SHOULD NOTIFY THE CLERK OF THIS AND REQUEST
30
MAR 12 2 197
BOOK 4 PAGE
11
a
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THAT OUR RELATIONSHIP SOMEHOW OR OTHER BE IMPROVED. CHAIRMAN WODTKE
POINTED OUT AS FAR AS THE LANDFILL ACCOUNT IS CONCERNED, WE HAVE
NOT HAD THE COOPERATION OF THE CLERK'S DEPARTMENT AND NOW ARE NOT
IN COMPLIANCE; ALSO MONEY WAS NOT INVESTED AS RECEIVED BY THE COUNTY
FOR A NUMBER OF DAYS, WHICH COST OUR TAXPAYERS MONEY, AND HE IS VERY
MUCH DISTURBED THAT THE FUNCTIONS THE CLERK HAS TO DO FOR THE BOARD
HAVE NOT BEEN PERFORMED.TO OUR SATISFACTION.
COMMISSSIONER SIEBERT NOTED THAT ONE OF THE MOST IMPORTANT
THINGS IN COORDINATING OUR FUNCTIONS WITH THE OFFICE OF THE CLERK IS
THE PREPARATION OF AN ANNUAL BUDGET AND PREPARING A TAX LEVY AND
DISTRIBUTING FUNDS AMONGST THE VARIOUS DEPARTMENTS. HE NOTED THAT
LAST YEAR WE HAD SOMEWHAT OF A PROBLEM IN THAT JUST PRIOR TO BUDGET
TIME WE HAD A CHANGE IN THE FORMAT OF THE WAY WE PREPARED THE BUDGET,
WHICH WAS DONE WITHOUT THE KNOWLEDGE OF THE BOARD, ALSO, DURING THE
BUDGET PROCEEDINGS CERTAIN CHANGES WERE MADE IN THE BUDGETING PRO-
CESS WHICH WERE DONE NEITHER WITH THE CONSULTATION OR THE CONSENT
OF THE BOARD. HE STATED THAT EVEN AFTER THE BUDGET WAS PREPARED AND
IT WAS FINALIZED, IT APPEARS THAT FROM TIME TO TIME THERE HAVE BEEN
TRANSFERS FROM ONE ACCOUNT TO ANOTHER WITHOUT CONSULTATION WITH
THE BOARD, WHICH IS ULTIMATELY RESPONSIBLE FOR THE TAXPAYER'S DOLLAR,
COMMISSIONER LOY AGREED THAT THERE WERE A NUMBER OF CONFUS-
ING CHANGES DURING BUDGET SESSION, BUT NOTED THAT ONE THING SHE FINDS
QUITE UPSETTING IN REGARD TO THE CLERKS OFFICE IS OUR ATTEMPTS TO
SECURE INFORMATION THAT WE FEEL AND HAVE FELT WAS VITAL TO DETERMIN-
ING THE EXACT FINANCIAL POSITION AND NEEDS OF THIS COUNTY.
COMMISSIONER LOY STATED THAT AS FAR BACK AS .JULY 25,1977, A
COMMUNIQUE WAS FORWARDED TO THE CLERK ASKING FOR SPECIFIC INFORMATION,
AND SHE WAS APPALLED TO RECEIVE THE ANSWER THAT CAME BACK FROM A
MEMBER OF THE STAFF IN THE CLERK'S OFFICE. COMMISSIONER LOY REQUESTED
THAT THE MEMO DATED .JULY 25, 1977, AND THE REPLY BE MADE A PART OF
THE OFFICIAL MINUTES. SAID DOCUMENTS ARE HEREBY MADE A PART OF THE
MINUTES AS FOLLOWS:
31
A
soon 34 PAGE x.52
:S Arlministral
� tt
BOARD OF COUNTY COMMISSIONERS
i r
~WILLIAM C. WODTKE. JR., Chairman
ALMA LEE LOY, Vice Chairman { y
tt
WILLARD W. SIEBERT. JR.
t
EDWIN S. SCHMUCKER
R. DON DEESON s
k
E
2145 14th Avenue Vero Beach. Florida 32960
9
MEMORANDUM:
TO; Alma Lee Loy, Vice Chairman
-Board of County Commissioners;
Chairman, Budget and Finance Committee,
i
FROM: L.S. "Tommy" Thomas, County Coordinator
DATE: July 25, 1977 '
RE: Budget
t It would be helpful if I.had the following information:
• � 7
1. The projected surplus for the County budget for fiscal year
1976-77
2. The projected total surplus that will be on hand as of
September 30, 1977
3. List of current investments as to type and amounts.
I would also like to have an explanation as to why there
was a projected cash balance forward reduction from $1,500,000.00 in
fiscal year 76-77 to $345,351.00 in fiscal- year 77-78 in the General
Fund and at the same time the cash balance forward in the Fine and:
Forfeiture Fund was increased from $740,000,00 in fiscal year 76-77
to $902,956.00 for fiscal year 77-78?
I would also like to know why interest income was trans-
ferred -from, the General Fund to the Fine and Forfeiture Fund without
an okay from the County Commissioners. There were no interest funds
approved in the 76=77 fiscal budget year yet the new budget indicates
that $41,500.00 was estimated for fiscal year 76-77.
Finally, attached is a copy of Florida Statute 125.01(x)
which authorizes you to employ an independent accounting firm to
furnish you information needed -for County operations.
LSTT : of
Enclosure
32
• r
AR 2.2 197
oox '34 Pw153
August 1, 1977
_ TO: L.. S. "Tommy" Thomas ,
..
-SUBJECT: Budget -
Dear Tommy.
Your letter to Alma Lee,'dated July 25, 1977, has been given to
me for reply. I.have to apologize for the delay. However,. Chairman
- .-Wodtke, asked me to.substitute in the Clerk's Tenative Budget•the
-- original 1976=77 budget figures for the May 31 figures.: This. turned
out to be.a little bigger problem than I first.thought it would. It
-seems that some of the accounts that had positive figures at May 31,
.-.had zeros at the beginning of the year and the computer refused to
accept zeros. My lead operator, Dusty Spires;. whom I consider to be'
° ..quite good, nearly lost her religion-over-the problem, but.finally
pursuaded the computer to take the zero-budget figures. I think sfie
''threatened to take a can opener-to the machine if it didn't*do what
'ft was supposed to. Anyway, we got the job done and the Commissioners
should have received their up-dated budget runs Friday afternoon to
:study over the.weekend. ..
Now for the answers that you feel will be helpful in whatever
analysis you are trying to make. Have you flipped over to the last
' page of expenditures in the Tenative-Budget run for each fund and
found a line entitled "Cash Forward" and have you moved your eyes
across the page to a column marked "Projected Expense"? Now doesn't
-the number•.in that slot answer your first question about projected
"-' :surplus for fiscal year 1976-77? ,
;..Unless there has been a typographical error., your second question
- 3s a repetition of your first.- Assuming, however, that you have a typo
--
-and really meant the projected surplus of September 30, 1975, then
=you need only to look back across the page to the. column marked
"Broposed Budget" and Guess TJhat!
I wonder if you realize that in County Finance, the term, "Cash
'Forward" does not mean cash literally. It means net worth or fund
.-balance. which for the most part is cash or liquid assets.
y w You might notice that the projected Cash Forward at September •30,
1978 ,and the Reserve for Contingencies in- the General Fund is a big
-fat zero. -Then you might send another letter to me, through one of
--the Commissioners, asking how come? Well, we have this construction
=
'-loan on the landfill which will be re-financed with a revenue bond.
Vhen.this happens, the $500,000 (look on page 44 of the up-date) can '
--substitute for Reserve for Contingencies on the Cash Forward. The
MAR 2 21978.
34 PAcF 1 4
Indicated tax levy is way too high in the General Fund as it is, so
I've left out those two reserves* .
As for a list of current investments, that changes every week;
sometimes more often than that. So unless I know as of what date you
wanted the list, I can't be sure that I'm being very helpful. However
a list as of June 30,1977 is attached. That's the date of the last
.,published financial report. Anyway, I have an investment register
which is available for inspection (in the office only) so you can come
up and look at that.
To answer your next question, go to the first page of the print-
-.out and look at the column in the middle of the page, under 1976-1977
°marked."Estimated Receipts". Go all the way down the tolumn to the
"Cash Forward" line and find $1;380,960. That was the projected cash
forward figure for the General Fund for the beginning of this fiscal
• year. Now flip over to the last page of General Fund expenditures
(page 46) and find a similar figure under Actual Budget 1976-77 of
- --- $572,530. .Now those two figures mean that budgeted expenditures for
- this year have exceeded budgeted receipts by $808,430 ($1,380,960-
$572,530). Now go back to the first page and find the $1,380,960
again, then look at the figure just to the right and you will see that
-actual cash balances at September 30, 1976 were $350,000 less than
anticipated. This further aggrevates the problem. Actual receipts are
running at 5200,00 less than. expected. while actual expenditures are
running about $300,'000 less than budgeted. This accounts for the drop
in General Fund balance of not 1 1/2 million but just about a million
-dollars.The increase in cash balances in the Fine and Forfeiture
Fund is due almost entirely to the -fact that actual cash balances at
-the beginning of this year are $255,262 ($903,986- $648,724) above the
amount expected. Revenues and expenditures are running about the same
as budgeted. Note the increase in cash forward is only $14,159
($918,145- $903,986). -
.�-As for the interest income question, the Clerk of the Circuit Court,
Is authorized to keep the Board's books in such a way as to comply with
.-the applicable laws and regulations, with or without the expressed
-consent of the Board. The Clerk already has the Board's implied consent.
:.Now look at Section 136.04., Florida -Statues, and see if it doesn't say,
'"Interest earned -shall be credit to the fund on which it was earned.".
Vow I did neglect to tell the Board about this change, but not
-because of any disrespect or intended discourtesy toward them. My
job is to subtract from the Board's problems - not add to them. If I
had gone to the Board and told them that I wanted to improve the way
-.they account for interest income, I could just hear Alma Lee saying,
;'_'Well.how come our accounting needs improving, Bill?" And when I told_
her that the record doesn't comply with the law, they would just come
down with the worst case of .the grumblies you ever saw. In fact,
11r: Wodtke, might have even been motivated to beat the stuffin's right
- ,out of you because he pays you about $18,000 to be his financial
coordinator and you're suppose to know things like what it says in
Chapter 136, Florida Statues. So as an act of kindness, I simply.made
.-the adjustments to bring the Board's records into compliance,as I
- knew they would want me to do.
Finally, your comment that Section 125.01 (x), Florida Statues,
...authorizes the Board to hire an independent accounting firm to furnish.
MAR 2 2 1978 r�
BQCiK. , 34 PAGE
s ,
0
information for County operations is obviously directed by your concern
that since the beginning of June, I have been over-worked and could use
some help. I admit that I have worked every night *and every weekend
except one during that time and I could have used an Assistant Finance
Officer. However, I wouldn't need him for. the rest of the year and
by making'a little personal sacrifice, I could save the County that
expense. Also, there were plenty of people who helped me. Besides my own
staff, Jack Jennings, George McKenna, and Bob Donlon made a big
contributions. I don't recall that you did anything to help the new
Finance Officer, though.
a_ I do, however, appreciate your concern for my welfare, but I'll have
to point out that Section 125.01 (x), Florida.Statues authorizes the
•
.4....,_,__.employment of an outside firm to audit the books and auditing is entirely
different from accounting. If that highly unlikely event occurred where
you were able to persuade the Board to hire such a firm, you would have a
_ .-very irritated accountant on your hands because that boy ain't gonna get
paid from the County Funds. ••It wouldn't matter how much you huffed and
puffed about it. He just wouldn't ever -get paid. Nevah, EVAH!
Well Tommy, I hope these remarks are helpful because I'm always
glad to assist you in every way I can.
. _. �. _. _ --...- • __ ^-_ - - __.._ :_ -� .: `,.. _, .. --_ .. _ Your buddy, . .
- .-W Jackson
_ - _ -- -- - --- -- Finance Officer
JATT: (1) Your letter to Alma Lee-
__ (2) ,List of investments 6-30-77
CC:- Board of County Commissioners -
County Administrator `
MAR ' 2 2 1970
ea 34PAGE15un
COMMISSIONER DEESON FELT THAT ANOTHER CONCERN IS THE
APPARENT TURMOIL IN THE CLERKS OFFICE AND THE LACK OF COOPERATION
BETWEEN EMPLOYEES OF THIS DEPARTMENT. COMMISSIONER DEESON REFERRED
SPECIFICALLY TO .JOE MATTHEWS AND THE TIGHT SCHEDULE.HE WAS ON TO
SET UP ACCOUNTS IN ORDER TO OPEN THE LANDFILL. HE POINTED OUT THAT
THE CLERK'S OFFICE KNEW PRIOR TO HIS TERMINATION THAT MR. MATTHEWS
WAS PRACTICALLY INDISPENSABLE FOR THIS PURPOSE, AND IT RESULTED IN
THE BOARD HAVING TO HIRE MR. MATTHEWS TO COMPLETE THAT JOB.
CHAIRMAN WODTKE NOTED FURTHER THAT WE HAVE HAD A PROBLEM
WITH DATA PROCESSING, AND STATED THAT HE IS CONCERNED ABOUT THE
STATUS WE HAVE NOW WITH A SECOND -IN -COMMAND IN CHARGE. ALSO THE
INFORMATION WE ARE GETTING IS NOT TIMELY. CHAIRMAN WODTKE STATED
THAT AT THIS TIME, HE PERSONALLY FEELS THAT THERE IS A CONSIDERABLE
LACK OF CONFIDENCE IN THE CLERK'S DEPARTMENT AND HER ABILITY TO
ASSURE THE BOARD OF PROPER TIMELY INFORMATION AND SERVICE SO WE
CAN ASSURE OUR'TAXPAYERS OF PROPER DECISIONS. HE CONTINUED THAT
HE WOULD LIKE TO ASK THE CLERK IF SHE WILL DO ALL WITHIN HER POWER
TO ASSURE THE BOARD THAT WE WILL RECEIVE THE SERVICE THAT WE NEED
TO HAVE IN THE IMMEDIATE FUTURE SO WE CAN BETTER SERVE THE TAXPAYERS
OF THIS COUNTY, THE CHAIRMAN FELT WE NEED TO TAKE SOME DEFINITE
ACTION IN THE FORM OF A MOTION, PARTICULARLY IN LINE WITH THE REPORT
WE HAVE FROM HAMILTON & BAKER, AS HE WOULD LIKE TO BE ABLE TO NOTIFY
THEM AS SOON AS POSSIBLE THAT WE HAVE TAKEN.THE PROPER STEPS TO
RECTIFY THIS SITUATION. HE NOTED THAT WE WILL HAVE TO HAVE A SEPA-
RATE OUTSIDE AUDIT OF THESE FUNDS AT THE CONCLUSION OF THE YEAR,
AND WE WOULD LIKE TO BE SURE THAT WE WILL BE IN COMPLIANCE AND WILL
REMAIN IN COMPLIANCE.
-ONMOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED .THE CHAIRMAN, ON BEHALF OF THE
BOARD, TO NOTIFY THE CLERK IN WRITING THAT IT IS NECESSARY FOR IMMEDI-
ATE CORRECTIVE ACTION TO BE TAKEN T.0 CORRECT THE SITUATION ON THE
BOND COVENANTS FOR THE LANDFILL OPERATION, AND SOME OF THE OTHER
SPECIFIC ITEMS MENTIONED HERE.TODAY, AND TO ASK THE CLERK FOR AN
AFFIRMATIVE ACTION PROGRAM SO THAT WE CAN BE ASSURED THIS SITUATION
WILL NOT CONTINUE IN THE FUTURE.
36
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ATTORNEY SHERMAN SMITH, .JR., CAME BEFORE THE BOARD REPRE-
SENTING FREDA WRIGHT, CLERK, AND STATED THAT SHE IS AWARE OF THE
-IMPORTANCE OF THIS SITUATION AND HAS RECEIVED COPY OF THE REPORT
FROM HAMILTON & BAKER. ATTORNEY SMITH FELT IT WOULD BE HELPFUL
TO GIVE SOME FURTHER BACKGROUND ON THIS MATTER, HE STATED THAT ON
DECEMBER 30, 1977, MRS. WRIGHT AS CLERK SIGNED A CONTRACT EMPLOYING
WILLIAM P. .JACKSON FOR ONE YEAR BEGINNING .JANUARY 1, 1978 AT AN
AGREED UPON SALARY. IN RETURN MR. .JACKSON AGREED TO PERFORM THE
REQUIRED SERVICES IN A COMPETENT MANNER AND WITH DUE PROFESSIONAL
CARE. ATTORNEY SMITH CONTINUED, THAT WITH THAT CONTRACT IN MIND,
MRS. WRIGHT CAME TO HIM AND INFORMED HIM THAT MR. .JACKSON'S SERVICES
WERE CAUSING PROBLEMS WITH FAILURE TO PRODUCE WHAT THE BOARD WISHED
AT SEVERAL TIMES. ATTORNEY SMITH STATED THAT HE HAD A CONFERENCE
WITH MR. .JACKSON AND DISCUSSED THE SITUATION, AND IT WAS HIS UNDER-
STANDING THAT MR, .JACKSON WOULD NOT STAND ON HIS CONTRACT, BUT ASKED
FOR TIME TO GET -ANOTHER JOB, POSSIBLY A MONTH OR TWO. THIS TIME
HAS NOW LONG GONE.
ATTORNEY SMITH EXPLAINED THAT IT IS THE CLERK'S POSITION
THAT MR. .JACKSON WAS HIRED TO PERFORM ALL THE FUNCTIONS THE BOARD
HAS REFERRED TO, AND IF THE SERVICES BEING RENDERED IN THE GREAT
MAJORITY BY MR. .JACKSON WERE.NOT SATISFACTORY TO THE BOARD, THEN
THEY WERE NOT SATISFACTORY TO HER. ATTORNEY SMITH POINTED OUT THAT
ALL PUBLIC OFFICIALS NECESSARILY PERFORM THEIR DUTIES THROUGH
VARIOUS DEPUTIES. HE CONTINUED THAT WHEN MRS. WRIGHT ENTERED INTO
THE CONTRACT WITH MR. .JACKSON, SHE THOUGHT SHE WAS EMPLOYING A
COMPETENT PERSON TO CARRY OUT THESE DUTIES, HE COMMENTED THAT THEY
DID NOT WANT THIS AIRED IN PUBLIC, BUT APPARENTLY IT HAS TO BE.
ATTORNEY SMITH -STATED THAT THEY AGAIN CONTACTED MR. JACKSON, AND
HE INFORMED THEM THAT HE'HAS A CONTRACT AND IS NOT ABOUT TO GO.
ATTORNEY SMITH INFORMED THE BOARD THAT THE CLERK IS GOING TO MAKE
A CHANGE AND WILL HIRE SOMEONE WHO WILL PERFORM SERVICES IN A
SATISFACTORY WAY.
EDWARD .JACKSON, ATTORNEY FOR WILLIAM .JACKSON, REQUESTED
THE BOARD'S PERMISSION TO SPEAK,
CHAIRMAN WODTKE STATED THAT HE -DOES NOT FEEL IT IS
NECESSARY.
37
MAR 2 2 1978 . - .: �y
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ATTORNEY JACKSON SAID HE FEELS THAT IT IS BECAUSE A MAN'S
CAREER AND PROFESSIONAL ABILITY ARE AT STAKE,
CHAIRMAN WODTKE POINTED OUT THAT ALL THE BOARD'S COMMENTS
WERE DIRECTED TO THE CLERK OF THE COURT,AND MR. JACKSON IS AN
EMPLOYEE OF THE CLERK.
ATTORNEY .JACKSON STATED THAT THIS HAS BEEN BROUGHT OUT AT
A PUBLIC MEETING. HE DOES FEEL IT IS GERMANE AND HE WOULD LIKE
i� THE OPPORTUNITY TO ADDRESS THE BOARD.
ATTORNEY COLLINS STATED THAT HE FELT IT IS INAPPROPRIATE,
AND -THE BOARD AGREED.
COMMISSIONER SIEBERT NOTED THAT WE ARE NOT GETTING WHAT WE
WANT FROM THE CLERK'S OFFICE, AND WE MUST GO TO THE CLERK. HE, THERE-
FORE, FELT IT IS INAPPROPRIATE FOR ATTORNEY .JACKSON TO GO TO ANYONE
OTHER THAN THE CLERK ABOUT HER EMPLOYEE AS THE BOARD HAS NOTHING
TO DO WITH THE CLERK HIRING MR. .JACKSON.
ATTORNEY COLLINS INFORMED ATTORNEY .JACKSON THAT HE FEELS
THE BOARD HAS RULED THAT THIS IS NOT THE BOARD'S BUSINESS.
ADMINISTRATOR .JENNINGS DISCUSSED WITH THE BOARD A LETTER
FROM SHERIFF .JOYCE IN REGARD TO INSTALLING SPEED LIMIT SIGNS ON
.JUNGLE TRAIL, AND SUGGESTING A LIMIT OF 30 MPH.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED LOWERING THE SPEED LIMIT ON
.JUNGLE TRAIL TO 30 MPH AND AUTHORIZED THE ADMINISTRATOR TO POST SIGNS
ACCORDINGLY.
.JAMES-BEINDORF, ENGINEER, REPORTED TO THE BOARD THAT, AS
INSTRUCTED BY.THE BOARD SEVERAL MONTHS AGO, HE HAS STARTED INVESTIGATING
.HOBART PARK AS A POSSIBLE SITE FOR A FUTURE WATER SUPPLY AND, IN THIS
"REGARD, HAS MET WITH VINCENT AMY, A GEOLOGIST WHO DOES WORK FOR THE
CITY OF VERO BEACH. MR. BEINDORF STATED THAT MR. AMY HAS HIGH CREDEN-
TIALS AND KNOWS A GREAT DEAL ABOUT THE COUNTY. HE DID NOT FEEL THERE
WOULD BE ANY CONFLICT IF THE COUNTY WISHED TO HIRE HIM BECAUSE GEOLO-
GISTS ARE ONLY CONCERNED WITH DETERMINING WHAT IS UNDER THE GROUND AND
NOT WITH WHAT IS DONE WITH THE WATER ONCE IT IS LOCATED. MR. BEINDORF
oo 34 PAGE 1 9
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NOTED THAT WE WILL HAVE TO CONTACT THE DER, THE ST. .JOHNS WATER MANAGE-
MENT DISTRICT, ETC., BUT POINTED OUT. THAT IT ALL STARTS WITH THE GEOLO-
GIST.
CHAIRMAN WODTKE ASKED IF A STUDY OF HOBART PARK WOULD BE
SUFFICIENT AS HE FELT WE NEED TO CHECK INTO OTHER POTENTIAL AREAS.
MR. BEINDORF FELT SUCH.A STUDY WOULD BE FINE FOR THE NORTH
PART OF THE COUNTY AND STATED THAT MR. AMY IS OPTIMISTIC ABOUT THE
HOBART PARK AREA. HE CONTINUED THAT THEY NEED SOME GUIDELINES BECAUSE
HE HAS NOT SPENT ANY MONEY SO FAR AND DOESNIT WANT TO.UNTIL IT CAN
BE DIRECTED TO THE BEST USE, MR, BEINDORF INFORMED THE BOARD THAT
MR, AMY WOULD PUT DOWN TEST WELLS AS HE DID FOR THE CITY AND, AS TO A
TIME FRAME, HE HAS INFORMED MR, AMY THAT WE WILL NEED SOMETHING BY
THE MIDDLE OF THE SUMMER,
CHAIRMAN WODTKE ASKED IF IT WOULD BE NECESSARY TO ADVERTISE
FOR THESE SERVICES OR WHETHER WE CAN JUST HIRE MR. AMY.
ATTORNEY COLLINS STATED THAT AS LONG AS MR, AMY DOES NOT HOLD
HIMSELF OUT AS AN ENGINEER, BUT STRICTLY A GEOLOGIST, THERE IS NO
PROBLEM AND WE NEED NOT ADVERTISE.
CHAIRMAN WODTKE AGREED THAT WE NEED TO PROCEED WITH THIS STUDY
AND STATED HE WOULD LIKE AUTHORIZATION TO PROCEED AND HAVE A PROPOSED
CONTRACT DRAWN UP.
ENGINEER BEINDORF STATED THAT HE COULD HAVE MR. AMY MEET WITH
THE CHAIRMAN, THE ADMINISTRATOR AND HIMSELF, IF DESIRED, AND ASK HIM TO
WRITE A PROPOSAL TO THE COUNTY.
THE BOARD AGREED THAT THE ADMINISTRATOR AND ENGINEER BEINDORF
AND EITHER THE CHAIRMAN OR COMMISSIONER SCHMUCKER SHOULD PROCEED AS
SUGGESTED BY MR. BEINDORF.
MR, BEINDORF NEXT DISCUSSED EXPEDITING THE PLANS AND SPECIFICA-
TIONS FOR RENOVATION OF THE GIFFORD WATER SYSTEM. HE NOTED THAT AS
PART OF THE ORIGINAL CONTRACT, ABOUT $34,000 TOTAL COST WAS ESTIMATED
FOR THE RENOVATION AND RETAINING A.FIRM TO MAKE A LEAKAGE SURVEY.
HE CONTINUED THAT THEY NOW FEEL THE BEST THING WOULD BE TO GET THE
SURVEY DONE PRIOR TO PUTTING THE BIDS OUT SO THAT THE CONTRACTORS WOULD
BID ON REPAIRING ONLY THE EXISTING LEAKS. HE, THEREFORE, SUGGESTED
THAT THIS SEGMENT BE TAKEN OUT OF THE ORIGINAL CONTRACT AND MADE A
PART OF "EXTRA SERVICES." THE ENGINEERS THEN WOULD PAY PITOMETER &
39
Rcb 3-4 -PA-UF 160
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ASSOCIATES FOR PRESSURE TESTING THE LINES AND THEN THE.BOARD WOULD
REIMBURSE THE ENGINEERS UNDER 'EXTRA SERVICES." MR. BEINDORF CONTINUED
THAT THE WATER TANK IS SCHEDULED FOR LATE .JULY OR EARLY AUGUST, AND
THEY ARE TRYING TO DOVETAIL EVERYTHING TO RENOVATE THE SYSTEM AND GET
THE SCHOOLS HOOKED UP, HE FELT THAT IF THE TESTING IS DONE AT THE
SAME TIME AS THE CONSTRUCTIONjAS ORIGINALLY PLANNED, IT WILL THROW'US
BEHIND SCHEDULE.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO TAKE THE PRESSURE TESTING
OF THE EXISTING GIFFORD WATER SYSTEM TO BE DONE BY PITOMETER &
ASSOCIATES OUT OF THE ORIGINAL CONTRACT, REDUCING THE AMOUNT OF THE
CONTRACT BY APPROXIMATELY $7,000.00, AND THEN INCLUDE THIS ITEM IN
EXTRA SERVICES It TO BE PAID OUT OF "EXTRA SERVICES.r�
ADMINISTRATOR JENNINGS REPORTED ON THE COST OF OBTAINING
INFORMATION IN ORBER TO BE ABLE TO DISPUTE SOME OF THE FLOOD INSURANCE
RATE MAP ELEVATIONS. HE STATED THAT THE AERIALS WOULD HAVE TO BE
DONE IN A SEPARATE FLIGHT, AND IT WOULD COST ABOUT $3,000.00 FOR THE
SOUTH BEACH AREA. THE ADMINISTRATOR INFORMED THE BOARD THAT HE HAS
CHECKED WITH LOCAL SURVEYORS ON THE COST OF ESTABLISHING THE GROUND
CONTROL FOR THE AERIAL FLIGHT AND BELIEVED THIS WOULD COST FROM
$1,500 TO $2,000. HE FELT WITH THE INFORMATION OBTAINED IN THIS
MANNER, WE COULD THEN GO BACK TO HUD FOR RECONSIDERATION AND POSSIBLY
PREVAIL UPON THEM TO CONSIDER CHANGING THE RATE MAPS PRIOR TO THEIR
ADOPTION. THE ADMINISTRATOR CONTINUED THAT HE IS ASKING THE BOARD TO
CONSIDER THE POSSIBLE EXPENDITURE OF $5,000 IN ORDER TO GIVE US SOME-
THING TO BACK UP OUR CONTENTIONS. HE NOTED THE REASON THEY PICKED
THE SOUTH BEACH AREA IS THAT THEY FEEL THIS IS WHERE THE BULK OF THE
PROBLEM EXISTS-.
CHAIRMAN WODTKE NOTED THAT THE ENGINEERS AND SURVEYORS WE
HAVE CHECKED WITH ARE TOTALLY IN DISAGREEMENT WITH THE RATE MAPS SENT
TO US, WHICH AMONG OTHER THINGS, SET OUT THE ZONE WHERE HOMES MUST
BE CONSTRUCTED ON PILINGS.
IN FURTHER DISCUSSION, THE BOARD DID NOT FEEL THERE IS ANY
CHOICE EXCEPT TO PURSUE THIS.MATTER.
40
Boa 34 • PAGE 161
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ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO HAVE SURVEYS
AND AERIAL PHOTOS MADE OF THE SOUTH BEACH AREA NOT TO EXCEED $5,000
AND TO CARRY OUT THE PROJECT AS OUTLINED.
ADMINISTRATOR .JENNINGS REPORTED THAT THE RENOVATIONS SHERIFF
.JOYCE HAS REQUESTED BE DONE AT THE COUNTY .JAIL WILL NOT REQUIRE ANY
ARCHITECTURAL WORK, AND HE HAS HAD SOME ESTIMATES MADE AND RECEIVED A
FIRM PROPOSAL FROM B & C BUILDERS IN THE AMOUNT OF $3,875.00 HE STATED
THAT IF THE BOARD ELECTS TO DO THIS WORK, HE WOULD SUGGEST IT BE DONE
BY CONTRACT BECAUSE OF THE HEAVY SCHEDULE OF THE COUNTY WORK CREWS,
ASSISTANT ADMINISTRATOR NEIL NELSON INFORMED THE BOARD THAT
HE CONTACTED THREE CONTRACTORS FOR PROPOSALS ON THIS RENOVATION, AND
THIS WAS THE ONLY ONE WHO WOULD EVEN GO OVER AND GIVE AN ESTIMATE AS
THE OTHERS ARE TOO BUSY.
PERSONNEL DIRECTOR DONLON REPORTED. THAT HE HAS HAD FOUR PEOPLE
COME IN TO LOOK AT'THE FLOOR TILE IN THE CLERKS OFFICE AND SO FAR HAS
NOT RECEIVED A PROPOSAL
COMMISSIONER SI.EBERT SUGGESTED THAT IF B & C BUILDERS WERE
GOING TO INSTALL VINYL FLOORING IN THE JAIL, POSSIBLY THEY COULD DO
THE CLERK'S OFFICE AT THE SAME TIME. ASSISTANT ADMINISTRATOR NELSON
WILL CHECK ON THIS.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY ACCEPTED THE PROPOSAL OF B & C BUILDERS
TO COMPLETE ALTERATIONS AT THE INDIAN RIVER COUNTY .JAIL ON A COST-PLUS
BASIS NOT TO EXCEED $3,875.001 THE MONEY TO COME OUT OF FEDERAL REVE-
NUE SHARING FUNDS.
PROPOSAL FROM"B & C BUILDERS IS HEREBY MADE A PART OF THE
MINUTES.
41
Ob J 4 PAGE lo�
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s
GEORGE R. CHILDERS, INC.
5595 13th STREET SOUTHWEST o VERO BEACH, FLORIDA 32960
Mailing Address: P.O. Box 1193 Vero Beach, Fla.
BUILDERSF
INCORPORATED • Phone 569-1717 j
March 22, 1978
y
Mr. Neal Nelson 4
County Administrator's Office
Indian River County Courthouse .
Vero Beach, Florida 32960
Dear Mr. Nelson:
We propose to supply all necessary materials and labor
to complete alterations at the Indian River County Jail for
the amount of $3875.00.
This proposal includes the following items:
Construct 120 L.F. of 2x4 stud wall with wood paneling trimmed.
Demolish and remove approximately 360 S.F. of existing walls
and raised platform.
Install 90 Sq. Yds. of vinyl flooring.
Replace portions.of existing Egg -crate ceiling with
aecoustical tile.
Frame and glaze two 3' x3' pass-through windows.
Furnish and ins6all �3) 30 x 68. solid core doo s with entry
locksets; (2) 3X 66 hollow core doors; (2) 2 x 6 hollow j
core doors and (1) 2 x 6 hollow core door. ;
Furnish and install (1) 30 x,68 steel door and frame with
automatic dead latching hardware.
This proposal does not include any painting or staining,
plumbing, electrical work or relocation of telephone.lines.
We thank you for the opportunity to bid on this project.
May we'suggest that due to the nature of the work it might be
f beneficial for the County to have the job done on a cost-plus
basis - the total cost guaranteed not to exceed the amount of
$3875.00 as submitted in our proposal.
Very.truly yours,
..SIM 0
George. Childers
President
GRC:dc -
• QUALITY RESIDENTIAL AND COMMERCIAL CONSTRUCTION
.__.•.,
• L
r
MAR 2 2.1979 •34 PAUF 4 03 !
A
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I.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT AN EVALUATION
HAS BEEN MADE ON BIDS RECEIVED ON THE PICKUP TRUCK TO BE USED BY THE
LITTER ENFORCEMENT OFFICER.
ASSISTANT ADMINISTRATOR NELSON NOTED THAT THE WIDTH OF THE
TRUCK IS AN IMPORTANT FACTOR BECAUSE IT NEEDS TO BE NARROW IN ORDER TO
GET DOWN SOME OF THE LANES AND ACTUALLY SEE THE PEOPLE WHO ARE VIOLATING
THE LITTER LAWS. HE STATED THAT THE LOW BID IS WIDER THAN DESIRED AND
HAS A LONG DELIVERY DATE, THE INTERNATIONAL HARVESTER SCOUT BID BY
MINTON EQUIPMENT IS NARROWER, HAS A MUCH BETTER DELIVERY DATE, AND ITS
INTERIOR DESIGN AND QUALITY ARE FAR SUPERIOR, BUT IT ALSO IS $1,100.00
MORE. MR. NELSON STATED THAT THEY WOULD LIKE TO RECOMMEND THAT THE
BOARD CONSIDER THE INTERNATIONAL HARVESTER SCOUT, BUT DID AGREE THAT,
ALTHOUGH THEY WOULD PREFER THE SMALLER TRUCK, THE CHEVROLET WOULD DO
-THE JOB.
ADMINISTRATOR JENNINGS SAID HE UNDERSTOOD WHAT HIS STAFF
WANTED, BUT BECAUSE OF THE COST DIFFERENCE, HE WOULD RECOMMEND THE
BOARD TAKE THE LOW BID FROM FRED COYNE CHEVROLET, AND IN THE EVENT
THE TRUCK DID NOT PROVE SATISFACTORY FOR THE PURPOSE AFTER A YEAR OR
SO, HE WOULD HAVE,OTHER PLACES HE COULD USE IT.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF FRED COYNE
CHEVROLET COMPANY FOR A CHEVROLET C-10 PICKUP TRUCK AS BEING THE LOWEST
AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $4,178.91.
ON MOTION BY COMMISSIONER.SIEBERT, SECONDED BY COMMISSIONER
-SCHMUCKER,.THE BOARD UNANIMOUSLY AUTHORIZED OUT -OF -COUNTY TRAVEL FOR
THE ADMINISTRATOR AND THE INTERGOVERNMENTAL COORDINATOR TO MEET,WITH
THE DOT IN FORT LAUDERDALE ON MARCH 29, 1978, IN REGARD TO THE OSLO
ROAD DRAINAGE PROBLEM.
ADMINISTRATOR JENNINGS REQUESTED THAT THE BOARD.ADD TO TODAY'S
AGENDA AN EMERGENCY ITEM RELATING TO THE NEED FOR A ROCK BUCKET AT
THE LANDFILL.
ON MOTION BY COMMISSIONERLOY, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED ADDING TO TODAY `S AGENDA THE
EMERGENCY ITEM AS REQUESTED BY THE ADMINISTRATOR.
42
MAR 2 21979 34 pnf 164
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ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT IN EXCAVATION
OF THE BORROW AREA THEY HAVE COME TO A LAYER OF VERY HARD MATERIAL THAT
-THE PRESENT DRAGLINE BUCKET WILL NOT CUT, AND THEY, THEREFORE, NEED A
ROCK BUCKET, WHICH IS A VERY HEAVY BUCKET ESPECIALLY DESIGNED TO CUT
INTO HARD MATERIAL. HE CONTINUED THAT THEY HAVE RECEIVED THREE PRO-
POSALS ON A ROCK BUCKET, AND THE LOWEST ONE IS FROM MOODY & SONS, INC.,
OF TAMPA FOR $3,086.00 PLUS FREIGHT OF $180.00. ADMINISTRATOR .JENNING
NOTED THAT THIS ITEM COULD BE PUT OUT FOR BID, BUT THE PROBLEM 1S TIME
AS HE CONSIDERS THIS AN EMERGENCY SITUATION.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY DECLARED AN.EMERGENCY SITUATION AT THE
LANDFILL AND AUTHORIZED THE ADMINISTRATOR TO PURCHASE A HENDRIX "HS"
ONE CUBIC YARD DRAGLINE ROCK BUCKET FROM MOODY & SONS, INC., OF TAMPA,
AS PER THEIR PROPOSAL OF $3,O86.00, PLUS FREIGHT AND SALES TAX; THIS
AMOUNT TO BE PAID OUT OF THE LANDFILL FUNDS.
ATTORNEY COLLINS DISCUSSED WITH THE BOARD THE PROPOSED SITE
PLAN ORDINANCE AND REQUESTS BY LOCAL ARCHITECTS FOR COMPLIANCE WITH
FLORIDA STATUTE 467.09 WHICH RELATES TO THE REQUIREMENT THAT AN ARCHI-
TECT OR AN ENGINEER PREPARE DESIGNS OR PLANS THAT BASICALLY INVOLVE
ANYTHING OTHER THAN SINGLE FAMILY OR DUPLEX HOMES OR STRUCTURES COSTING
LESS THAN $5,000. THEY FEEL A PROFESSIONAL SEAL IS NEEDED ON ALL
SITE PLAN APPROVAL DRAWINGS. THE ATTORNEY INQUIRED WHETHER THE BOARD
WISHED SUCH COMPLIANCE TO BE INCLUDED IN THE PROPOSED SITE PLAN ORDI-
NANCE.
COMMISSIONER SIEBERT FELT WE DO NOT HAVE MUCH CHOICE.
ATTORNEY COLLINS STATED HE FELT THAT WE DO, BUT ALSO NOTED
THAT HE FEELS THIS WILL -IMPROVE THE SITE PLANS THAT DO COME BEFORE THE
COUNTY AND WILL INSURE COMPLIANCE.
COMMISSIONER SIEBERT POINTED OUT THAT YOU HAVE TO HAVE A SITE
PLAN TO PUT UP A FENCE.
ATTORNEY COLLINS FELT THE STATUTE AIMS PRIMARILY AT BUILDINGS
AND POINTED OUT THAT IT WOULD ONLY APPLY TO ANYTHING'COSTING OVER $5,000.
THE ATTORNEY NOTED THAT THE STATUTE IS IN'THE ARCHITECTURAL SECTION,
BUT POINTED OUT THAT IT EXCLUDES ALL WORK DONE BY ENGINEERS AND HE
FELT AN ENGINEER WOULD BE IN COMPLIANCE. ATTORNEY COLLINS CONTINUED -
43
BOOK 165.
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THAT HE IS ALWAYS IN FAVOR OF UPGRADING PRESENTATIONS MADE TO THE
VARIOUS COUNTY AGENCIES AND SAID HIS APPROACH WOULD NOT BE TO PUT IN
THE AMENDMENTS OUTLINED BY ARCHITECT JOHN SCHLITT, BUT RATHER JUST
INCLUDE A PARAGRAPH STATING THAT THE APPLICANT WILL COMPLY WITH FLORIDA
STATUTE 467.09.
CHAIRMAN WODTKE FELT THIS SHOULD BE INCLUDED, AND THEN IT
CAN BE DISCUSSED AT THE PUBLIC HEARING.
.'COMMISSIONER SCHMUCKER POINTED OUT THAT THERE IS A CONFLICT
BETWEEN ARCHITECTS AND ENGINEERS INVOLVED, AND HE FELT THIS WOULD DIS-
CRIMINATE AGAINST ENGINEERS.
ATTORNEY COLLINS STATED THAT HE WOULD PREFER JUST TO PUT IN
A PARAGRAPH REQUIRING COMPLIANCE WITH THE STATUTE AND LET THE ARCHI-
TECTS AND ENGINEERS SETTLE ANY CONFLICT THEY MIGHT HAVE OVER INTERPRE-
TATION OF THE STATUTE.
MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COM-
MISSIONER Loy,.TO AUTHORIZE THE ATTORNEY TO INCLUDE A STATEMENT REQUIR-
ING COMPLIANCE WITH FLORIDA STATUTE 467.09 IN THE PROPOSED SITE PLAN
ORDINANCE.
COMMISSIONER SCHMUCKER CONTENDED THAT THIS STATUTE RELATES TO
ARCHITECTS RATHER THAN ENGINEERS, AND HE FELT A STATEMENT SHOULD BE IN-
CLUDED STATING itEITHERARCHITECTS OR ENGINEERS, It
IN FURTHER DISCUSSION, IT WAS AGREED THE ATTORNEY SHOULD CHECK
THE STATUTES FURTHER,
THE CHAIRMAN CALLED FOR THE QUESTION. COMMISSIONER SCHMUCKER
VOTE•D•IN OPPOSITION; ALL OTHER VOTED IN FAVOR, AND•THE MOTION CARRIED.
ATTORNEY COLLINS REQUESTED THAT AN EMERGENCY ITEM BE ADDED
TO THE AGENDA IN REGARD TO AUTHORIZING APPRAISALS ON INDIAN RIVER BOU-
LEVARD.-
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADDED TO TODAY'S AGENDA THE EMERGENCY
ITEM REQUESTED BY THE ATTORNEY. '
ATTORNEY COLLINS INFORMED THE BOARD THAT WE HAVE.LEGAL DE-
SCRIPTIONS AND PLANS FOR INDIAN RIVER BOULEVARD, BUT HAVE TO HAVE
APPRAISALS DONE ON ABOUT FIVE PARCELS OF PROPERTY BECAUSE THE DOT NEVER
MADE THEM, HE ASKED TO BE AUTHORIZED TO HIRE AN APPRAISER TO DO THIS
WORK.
44
600K 34 FAG' 166
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ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO HIRE AN
APPRAISER TO DO THE NECESSARY APPRAISAL WORK ON INDIAN RIVER BOULEVARD.
CHAIRMAN WODTKE DISCUSSED A LETTER RECEIVED FROM CIVIL
DEFENSE DIRECTOR, S. LEE NUZIE, SOLICITING THE BOARD'S SUPPORT OF
A FLORIDA STATE EMERGENCY OPERATING CENTER BECAUSE FLORIDA IS THE ONLY
STATE THAT DOES NOT HAVE ONE, AND HE FEELS IT IS AN IMPORTANT PROJECT.
IN DISCUSSION, IT WAS GENERALLY FELT THAT THE MANDATED
PROGRAMS ARE MORE IMPORTANT THAN A STATE EMERGENCY HEADQUARTERS. CHAIR-
MAN WODTKE WILL DO FURTHER CHECKING AND REPORT BACK ON THIS MATTER.
BETTY KHAIL OF THE SHERIFF'S DEPARTMENT, CAME BEFORE THE
BOARD IN REGARD TO THEIR REQUEST FOR $3,809.00 TO COVER ANTICIPATED
EXPENDITURES FOR THE MONTH OF MARCH UNDER THE LEAA GRANT FOR THE YOUTH
AID BUREAU. SHE EXPLAINED THAT THE BOARD HAS HAD THESE GRANT FUNDS
SINCE NOVEMBER, BUT THE SHERIFF'S DEPARTMENT HAS JUST HIRED TWO MEN
AND NOW HAVE TO REQUEST THE MONEY FROM THE STATE. MRS. KHAIL NOTED
THAT THIS CANNOT BE REQUESTED IN ADVANCE, BUT ONLY AS THE MONEY IS
NEEDED.
IN DISCUSSION, THE BOARD SUGGESTED THAT THESE REQUESTS BE
MADE A PART OF THE CLERK'S AGENDA AS A MONTHLY ITEM.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY APPROVED $3,809.00 BEING PAID TO THE SHERIFF'S
DEPARTMENT FROM THE LEAA GRANT FOR THE YOUTH AID BUREAU TO COVER AN-
TICIPATED EXPENDITURES FOR THE MONTH OF MARCH, 1978.
COMMISSIONER SIEBERT REPORTED TO THE BOARD THAT HE HAS HAD
MEETINGS WITH THE.ADMINISTRATOR, THE PERSONNEL DIRECTOR, AND DICK BIRD,
CHAIRMAN OF THE ZONING .BOARD, IN REGARD TO THE POSSIBLE RESTRUCTURING
OF THE PLANNING AND ZONING DEPARTMENTS. HE STATED THAT THEY ARE RECOM-
MENDING A DIRECTOR OF PLANNING AND ZONING BE HIRED WHO WOULD HAVE THE
ADMINISTRATIVE RESPONSIBILITY OF THE ZONING DEPARTMENT, THE PERSONNEL
RESPONSIBILITIES, AND THE RESPONSIBILITY OF INTERPRETING THE ZONING
ORDINANCE. THE STANDARD METHODS OF APPEAL WOULD STILL BE IN EXISTENCE.
UNDER THIS SORT OF STRUCTURE, THE DIRECTOR WOULD STILL MAINTAIN THE
45
MAR 2 2 197 momu -"7
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M.
TWO FUNCTIONS SOMEWHAT SEPARATELY. THE PRESENT ZONING DIRECTOR, DEWEY
WALKER, WOULD THEN BE THE ZONING SUPERVISOR, AND HIS DEPARTMENT WOULD
STILL FUNCTION AS IT DOES NOW, BUT HOPEFULLY WITH A LITTLE MORE COORDI—
NATION. COMMISSIONER SIEBERT CONTINUED THAT THEY DONT FEEL THE
PLANNING DIRECTOR NEEDS AN ASSISTANT PLANNER AND INSTEAD WOULD RECOM—
MEND SEVERAL CLASSIFICATIONS IN THE PLANNING DEPARTMENT, I.E., PLANNER I
AND PLANNER 2. THE SALARY THEY ARE PROPOSING FOR THE PLANNING DIRECTOR,
IF HE HAS ALL THE RESPONSIBILITIES OUTLINED, WOULD BE FROM $18,300 TO
$23,460.
s COMMISSIONER LOY ASKED IF THIS IS A STRONG RECOMMENDATION OF
THE MEMBERS OF THE ZONING BOARD, AND COMMISSIONER SIEBERT STATED THAT
IT HAS BEEN INDICATED TO HIM THAT IT IS.
CHAIRMAN WODTKE EXPRESSED CONCERN ABOUT THE FACT THAT PLANNING
DEALS WITH THE FUTURE WHILE ZONING DEALS WITH INTERPRETATIONS OF THE
LAW, ETC., AND HE WONDERED IF WE COULD FIND SOMEONE TO FILL THESE
QUALIFICATIONS.. HE DID FEEL THAT THE DIRECTOR OF PLANNING AND ZONING
WOULD HAVE TO BE A PLANNER.
COMMISSIONER SIEBERT AGREED AND STATED THAT IT WOULD HAVE TO
BE SOMEONE WITH ADMINISTRATIVE ABILITY. HE INFORMED THE BOARD THAT
THE REGIONAL PLANNING COUNCIL AGREED WITH THIS PLAN BECAUSE THIS WAY
THE PUBLIC WOULD GO TO ONE PLACE AND GET ONE INTERPRETATION. HE NOTED
THAT AT THIS TIME ZONING IS THE ENFORCING AGENCY,
DISCUSSION ENSUED, AND IT WAS AGREED THAT THIS IS A'GOOD
IDEA IF THE PROPER MAN CAN BE FOUND,
COMMISSIONER SIEBERT THEN DISCUSSED THE SUGGESTED PROCEDURE
FOR HIRING SUCH A DIRECTOR OF PLANNING AND ZONING AND INFORMED THE
BOARD THAT THEY ALREADY HAVE RECEIVED 32 APPLICATIONS. THEY ARE SUG—
GESTING THAT THE ADMINISTRATOR AND THE PERSONNEL DIRECTOR DO THE
INITIAL SCREENING AND RECOMMEND FIVE APPLICANTS, WHICH FIVE THEN WILL
BE PRESENTED TO THE ZONING BOARD TO RECOMMEND THREE OF THE FIVE. TO THE
BOARD OF COUNTY COMMISSIONERS TO INTERVIEW. COMMISSIONER SIEBERT
RECOMMENDED THAT MEMBERS OF THE ZONING BOARD BE PRESENT AT THESE INTER—
VIEWS AS THEY WOULD WORK MORE CLOSELY WITH THE DIRECTOR OF PLANNING
AND ZZONING THAN ANYONE.
46 -
MAR 22 1978
BOOK 34 Pmx 168
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CHAIRMAN WODTKE STATED THAT HE LIKED THE PROCEDURE SUGGESTED,
BUT WOULD PREFER NOT TO LIMIT THE ADMINISTRATORS STAFF TO RECOMMENDING
JUST FIVE TO THE ZONING BOARD IN THE EVENT THERE WERE SIX OR SEVEN
REALLY OUTSTANDING APPLICANTS.
IN FURTHER DISCUSSION, THE BOARD AGREED TO PROCEED ON THE
BASIS OF THE RECOMMENDATIONS MADE BY COMMISSIONER SIEBERT, IF THE PROPER
CANDIDATE CAN BE FOUND.
COMMISSIONER Loy INFORMED THE BOARD THAT FIRST CITRUS BANK
OF INDIAN RIVER COUNTY HAS REQUESTED THE BOARD TO ADOPT A RESOLUTION
SETTING UP THE FOLLOWING ACCOUNTS AND DESIGNATING THE PERSON AUTHORIZED
TO SIGN CHECKS ON SUCH ACCOUNTS:
1. SOLID WASTE DISPOSAL SYSTEM OPERATING RESERVE ACCOUNT
2. SOLID WASTE DISPOSAL SYSTEM SINKING FUND ACCOUNT
3. SOLID WASTE DISPOSAL SYSTEM SINKING FUND RESERVE ACCOUNT
4. SOLID WASTE DISPOSAL SYSTEM FACILITIES CONSTRUCTION FUND ACCOUNT
i ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 75-21 SETTING UP FOUR
BANK ACCOUNTS FOR THE SOLID WASTE DISPOSAL SYSTEM.
47
MAR 2"2 1978
SOK 4 PAGE 169
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CO(dAJiY �/�j//i4l%SSIGt�Ql�.PS
RESOLUTION OF BOA a uth y open deposit account
First Citrus Bank of Indian River County, Vero Beach, Florida
I HEREBY CERTIFY that I am the duly elected and qualified Secretary of Indian
Board of County Commissioners
MY!T��o11tI Wast Disposa gst�emccot�septt o the recores and to porate seal O( sat corp-E!,in an t to the following is a true
and 'correct copy of a resolution duly adopted at a regular in
of the board of directors of said
eorparation held in accordance with the by -laces of said corporation at its office at_ Vero Beach
— Florida on the 22 say of March19 78
Be it resolved that the FIRST CITRUS .BANK OF INDIAN RIVER COUNTY,
VERO BF,ACII„ FLORIDA, be and it is hereby, designated a depository a( this corpora-
tion and that funcia, so deposited may he withdrawn upon a check, draft or order of the
corporation.
Be itfurtherresolved, that all checks, drafts or orders drawn against said "want be signed by
any Xft One of the following:
N Freda Wright Clerk of
Name ecce
N....e Title
and countersigned by any one of the following (if none so amts):
Na.., William C. Wodtke Jr T,d. Chairman
xan�Alma L}yr rd. Vi ce Chairman
Whose a(gnaturn shall be duly certified to said bank, and that no checks, drafts or orders drawn against
said bank'shall be valid uoless an signed.
Ba 't further resolved, that said bank is hertby authorized and directed to honor and 'pay any
eheeka, drafts, or order so drawn, whether such checks, drafts, or orders be payable to the order of any
such person signing and/or countersigning said checks, drafts or orders, or any of such persons in their
individual capacities or not, and whether such checks, drafts or orders are deposited to the individual
credit of the person so signing and/or countersigning said checks, drafts or orders, or to the individual
I credit of any of the other officers or not. This resolution shill continue in force and said bank may
J consider the facts concerning 'the holders of said oflices, respectively, and their aignaturn to tm acrd
onsaid
as set forth on the reverse side of thin card, until written notice to the contrary is July served
on wid bank.
To witness whereof. I have hereunto affixed my name as secretary and have caused the corporate Mit
Of aid corporation to be hereto affixed this 22 say o March
Imprint Seal Aero �-�'"ei•`-+ ,
t:
)!, V�r�rini1 M NargrnaVes__,
do beseby certify that the foregoing is a cored copy of a resolution
adopted as above set lush.
iCB. tq 7 74 VBP �rrl rlaly
COMMISSIONER DEESON REQUESTED THAT THE ATTORNEY MAKE'A
NOTE TO PROCEED ON SOLVING THE IROSELAND DRAINAGE DITCH PROBLEM,
CHAIRMAN WODTKE REPORTED THAT HE HAD MET WITH MEMBERS OF
THE U.S. FISH & WILDLIFE SERVICE IN REGARD TO THEIR LEASING 51 ACRES
OF COUNTY PROPERTY ON ORCHID ISLE IN WABASSO. HE INFORMED THE BOARD
THAT IT SEEMS THEY NOW ARE PROPOSING A FACILITY COMPLETELY DIFFERENT
THAN THAT ORIGINALLY PRESENTED TO US, AND THEY APPARENTLY DO NOT
INTEND TO COOPERATE WITH THE SCHOOL BOARD AND BUILD TWO CLASSROOMS.
AND A WETLAB FOR ENVIRONMENTAL EDUCATION PURPOSES. CHAIRMAN WODTKE
CONTINUED THAT HE TOLD THEM THAT HE DID NOT FEEL THE BOARD.WOULD WANT
TO ENTER INTO A LEASE FOR 50 YEARS ON THESE 51 ACRES IF THIS PROPERTY
WERE NOT GOING TO BE UTILIZED TO OUR SATISFACTION, AND THEY STATED
THAT THEY WOULD DO SOME RE—EVALUATING. THE CHAIRMAN SUGGESTED THAT -
ol •�,
�•J
Bea 34 .SAG4f 0
R
n
F
THE BOARD HOLD OFF ON SENDING THEM A PROPOSED LEASE UNTIL THIS MATTER
IS CLARIFIED. THE BOARD AGREED.
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. 57572 - 57664 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE z
IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED
FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK
AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH
RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES.
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND
CARRIED, THE BOARD ADJOURNED AT 5:05 O'CLOCK P.M.
ATTEST:
i• CLERK _ CHAIRMAN