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HomeMy WebLinkAbout6/21/1978JUNE 21, 1978 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, JUNE 21, 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; KATHLEEN GARRETT REPRESENTING FINANCE OFFICER BARTON; BALIFF 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 J.C. GLENN, CHAPLIN OF THE INDIAN RIVER MEMORIAL HOSPITAL, GAVE THE INVOCATION. COMMISSIONER Loy INTRODUCED SPECIAL VISITORS, MATTHEW FOGARTY AND WAYNE METZ, WHO HAVE BEEN SELECTED BY THE AMERICAN LEGION POST TO ATTEND BOYS STATE IN TALLAHASSEE. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF JUNE 7, 1978. CHAIRMAN WODTKE REQUESTED THAT ON PAGE 19, SECOND PARAGRAPH, THE WORDING BE CHANGED TO STATE "ALBRIGHT SHALL NOT STORE ANY EQUIPMENT WITHOUT WRITTEN CONSENT OF THE COUNTY ADMINISTRATOR." THIS CORRECTION HAVING BEEN MADE, ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF JUNE 7, 1978, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING of JUNE 16, 1978. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF JUNE 16, 1978, AS WRITTEN, JUN 211978 35 wJ112. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM OF LAWRENCE FUTCH. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED BUDGET AMENDMENT IN RE CHARGES FOR DOCUMENTS RECORDED FOR THE BENEFIT OF THE COUNTY AND THE PUBLIC, AS FOLLOWS: ACCOUNT TITLE ACCOUNT NO, INCREASE DECREASE PROFESSIONAL SERVICES 01-2101-341.01 $400.00 RESER��JJE FOR 171 NGENCIES 01-9990-701.00 $400.00 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED BUDGET AMENDMENT TO FUND MONTHLY CHARGES FOR THE XEROX MACHINES IN THE COUNTY PLANNING DEPARTMENT WHICH HAVE INCREASED CONSIDERABLY DUE TO HEAVY USAGE. SAID BUDGET AMENDMENT IS AS FOLLOWS: ACCOUNT TITLE ACCOUNT NO. INCREASE DECREASE EQUIPMENT RENTAL 01-2780-331.10 $4,500.00 RESERVE FOR CONTINGENCIES 01-9990-701.00 $4,500.00 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS, TO ATTEND CONVENTION FOR SUPERVISORS OF ELECTIONS TO BE HELD IN ST. AUGUSTINE JUNE 27 THROUGH JUNE 30, 1978. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED RETRO -ACTIVE APPROVAL OF ADMISSION OF PAT DOUGLAS TO A.G. HOLLEY STATE HOSPITAL. THE FOLLOWING REPORT WAS RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: TRAFFIC VIOLATION FINES BY NAME, COUNTY COURT, MAY, 1978 GORDON FAGERLUND, REALTOR, APPEARED BEFORE THE BOARD AS AN AUTHORIZED REPRESENTATIVE OF MR. AND MRS. PATRICK D. MCAVOY-IN REGARD TO OBTAINING A SPECIAL EXCEPTION FOR THEIR LOT ON PELICAN LANE. I, r N ZONING DIRECTOR, DEWEY WALKER, INFORMED THE BOARD THAT THIS LOT IS IN AN UNRECORDED, SUBDIVISION BETWEEN WYNN COVE AND SMUGGLER'S COVE SUBDIVISIONS. IIE STATED THAT THE MCAVOYS HAVE OWNED THE PROPERTY SINCE APRIL OF 1971, ANDjHEREFORE, THIS WOULD FIT INTO THE SPECIAL EXCEPTION CATEGORY, MR, WALKER NOTED THAT OTHER SPECIAL EXCEPTIONS HAVE BEEN GRANTED IN THIS AREA FOR BUILDING RESIDENCES, HE FURTHER NOTED THAT ALTHOUGH THIS LOT IS NOT ON A PAVED ROAD, JUST A DIRT DRIVE, THERE ARE SOME BEAUTIFUL HOMES LOCATED ALONG IT, AND IN HIS OPINION, IT IS JUST A ROUTINE SPECIAL EXCEPTION, HE CONFIRMED THAT HE HAS RECEIVED AUTHORIZATION FROM THE MCAVOYS TO HAVE MR, FAGERLUND REPRESENT THEM, COMMISSIONER L.OY NOTED THAT THE MCAVOYS HAVE TO GET THIS EXCEPTION IN ORDER FOR SOMEONE ELSE TO BUILD THERE, AND ZONING DIRECTOR WALKER INFORMED THE BOARD THAT THE McAVOYS ARE IN THE PROCESS OF SELLING THE PROPERTY, AND WITHOUT THE SPECIAL EXCEPTION NO ONE CAN BUILD THERE, MR, FAGERLUND STATED THAT THERE ARE A TOTAL OF 15 HOMES ON THIS STREET AND APPROXIMATELY 11 VACANT LOTS, THE PROPERTY IS 100 x 135, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED A SPECIAL EXCEPTION TO MR, AND MRS, PATRICK D, MCAVOY, THE BOARD NEXT DISCUSSED MEETING.DATES IN NOVEMBER, WHICH NORMALLY WOULD FALL ON NOVEMBER STH AND 22ND, THE CHAIRMAN NOTED THAT THE 22ND IS THE DAY BEFORE THANKSGIVING, AND SINCE THE FOLLOWING THURSDAY AND FRIDAY ARE BOTH HOLIDAYS AND THE COURTHOUSE WOULD BE CLOSED, HE SUGGESTED THAT THE REGULAR MEETINGS BE HELD ON NOVEMBER IST AND 15TH INSTEAD, THE BOARD AGREED, ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ESTABLISHED THE NOVEMBER MEETING DATES AS NOVEMBER 1, 1978 AND NOVEMBER 15, 1978, ON MOTION BY COMMISSIONER SA BERT., SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR RITA SAUERMAN, VOLUNTEER YOUTH GUIDANCE COORDINATOR, TO ATTEND A FOUR-DAY CONFERENCE IN HOLLYWOOD, FLA,,, JUNE 27- 30, 1978, WHICH CONFERENCE IS SPONSORED BY THE CHILD WELFARE LEAGUE OF AMERICA, JUN 2 11978 3 35114 THE BOARD DISCUSSED THE PURCHASE OF RADIOS REQUESTED BY THE SHERIFF UNDER THE L.E.A.A. GRANT AND DECIDED TO REVIEW THE MATTER WITH DEPUTY BETTY KHAIL BEFORE TAKING ACTION. COMMISSIONER SIEBERT ASKED THE ADMINISTRATOR IF THE DOT HAS GIVEN ANY CONSIDERATION TO RESURFACING'ROUTE 60 OUT TO THE WEST COUNTY LINE. HE NOTED THAT WE ALL REALIZE THIS IS A MONUMENTAL TASK, BUT THE ROAD IS GETTING IN WORSE AND WORSE CONDITION AND THERE IS TREMENDOUS CITRUS TRAFFIC GOING OVER IT TO AND FROM TAMPA. HE FELT IT POSSIBLY COULD BE WIDENED BY JUST A FOOT OR SO WITHIN THE COUNTY LIMITS, AND SUGGESTED THAT THIS BE DISCUSSED WITH THE DOT THE NEXT TIME THE ADMINISTRATOR GOES TO FORT LAUDERDALE. ADMINISTRATOR .JENNINGS STATED THATITO HIS KNOWLEDGE,NO CONSIDERATION HAS BEEN GIVEN TO RESURFACING ROUTE 60 IN A CONSIDERABLE WHILE, BUT THE BRIDGES ARE BEING ELIMINATED AND CULVERTS PUT IN. HE STATED THAT, IF THE BOARD DESIRES, HE WILL TRY TO GET INFORMATION ON THIS FOR THE NEXT COMMISSION MEETING, AND ASKED THAT COMMISSIONER SIEBERT SUPPLY HIM WITH SOME DATA ON.THE AMOUNT OF CITRUS TRAFFIC TRAVELING OVER THIS ROAD. COMMISSIONER LOY NOTED THAT A LETTER AND RESOLUTION HAVE BEEN RECEIVED FROM THE CITY OF FELLSMERE IN REGARD TO THE MAINTENANCE OF THE AUXILIARY GENERATOR. CHAIRMAN WODTKE INSTRUCTED THAT SAID LETTER AND RESOLUTION FROM THE CITY OF FELLSMERE BE MADE A PART OF THE MINUTES. 4BOOK �� JUN 21197 • M Y • � P 1 City ®f Fells ere _ INDIAN RIVER COUNTY POST OFFICE BOX 38 FELLSMERE. FLORIDA - 32948 . CITY CLERK'S OFFICE POLICE DEPT. • PHONE 571-0116 PHONE 571-1360 June 16, 1978 Board of County Commissioners Indian River County Vero Beach, Florida, 32960 Attention: William C. Wodtke, Jr., Chairman Dear Commissioners: Thank you most sincerely for your cooperation in bringing to an operable condition our auxiliary generator. As per your request, we are attaching hereto a copy of our Resolution agreeing to keep this generator in tip top condition. Incidently, we have enclosed this generator in a weather resistant building to protect it from extreme weather.conditions. Thank you again for your cooperation. It was sincerely *appreciated. Cordially yours, CITY AF FFLLSMERE Q 7R Thos. N. Sne11 �` •4? Mayor TNS/kh q �C► ��� cc: Captain H. Whitaker s ' JUS 2 11978 4 KI CITY OF FELLSMERE, FLORIDA R E S O L U T I O N WHEREAS, the auxiliary 35 kw generator owned ti by the Civil Defense of Indian River County and, by agreement used by the City of Fellsmere is presently broken and not In use; and WHEREAS, the repair and maintenance of said generator is in the best interest of the people of the City, so as to provide an emergency source of electrical power in the event of a disaster; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, on May 24, 1978, unanimously authorized the County Administrator, through the Road and Bridge Department, to spend up to $200.00 for repairs of said generator; and, WHEREAS., the.City was requested to accept the responsibility for the maintenance -and upkeep of said auxiliary generator NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF FELLSMERE, FLORIDA, BY AND THROUGH ITS CITY COUNCIL as follows: 1. The City of Fellsmere expresses its appreciation to the Board of County Commissioners for their cooperation and assistance in repairing this much needed piece of equipment. 2. The City of Fellsmere accepts the responsibility for the maintenance and upkeep of the auxiliary generator for so long as it retains possession and -control of -said generator under the present agreement with the Indian River County Civil Defense.. W"� This Resolution was duly passed and adopted by the City of Fellsmere-y,--City Council, Fellsmere; Florida, this o� day of . ,/�rp <z._, ''1978. President, City Council m City Clerk j The foregoing Resolution was approved by me t this l�T� day of -.Z7,,?e , 1978• .Mayor', City of Fellsmere, Florida J U 2 �7 35 PATa lid ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT CUSTOMER SERVICE, INC., WHICH SERVICES LAURELWOOD SUBDIVISION, WISHES TO ADVERTISE FOR A PUBLIC HEARING IN REGARD TO SEWER AND WATER HOOK-UP CHARGES. AFTER SOME DISCUSSION IT WAS DECIDED TO SCHEDULE THIS PUBLIC HEARING FOR 11;00 A.M. ON JULY 19, 1978. CHAIRMAN WODTKE NOTED THAT AT THE LAST MEETING ATTORNEY COLLINS PRESENTED FOR REVIEW COPIES OF A REVISED CONTRACT FOR THE -PURCHASE OF THE HOSPITAL, WHICH THE HOSPITAL TRUSTEES HAVE TENTATIVELY APPROVED. ATTORNEY COLLINS STATED THAT HE AND ATTORNEY WILLIAM STEWART HAVE THOROUGHLY REVIEWED THIS CONTRACT, AND MEMBERS OF THE HOSPITAL BOARD OF TRUSTEES ARE PRESENT AT THIS MEETING TO PARTICIPATE IN THE FORMALITIES. CHAIRMAN WODTKE INTRODUCED MEMBERS OF THE HOSPITAL BOARD- DALE OARD- DALE SORENSON, CHAIRMAN, GRANT NEVILLE, ROBERT BALLARD, REESE BRACKINS; THEIR ATTORNEY, WILLIAM STEWART, BOBBY MEADOWS, HOSPITAL ADMINISTRATOR, AND TOM RYAN, ASSISTANT HOSPITAL ADMINISTRATOR. CHAIRMAN WODTKE COMMENTED THAT THE ACTUAL PURCHASE PRICE IS $290,000 AND NOT THE TOTAL $500,600 SET OUT IN THE CONTRACT BECAUSE PART OF THIS FIGURE IS ASSUMPTION OF THE BOND ISSUE AND THE AUTHORITY IS ALREADY THERE FOR THE BOND ISSUE TO BE PAID OFF. HE STATED THAT HE FELT THE CONTRACT AS DRAWN IS IN THE BEST INTERESTS OF THE HOSPITAL AND THE BOARD OF COUNTY COMMISSIONERS AND STRONGLY'RECOMMENDED THAT THE BOARD CONSIDER APPROVING THE CONTRACT AS WRITTEN. COMMISSIONER-LOY AGREED THAT WE HAVE BEEN PRESENTED WITH A FINE CONTRACT, WHICH IS TO THE MUTUAL BENEFIT OF BOTH GOVERNMENTAL BODIES AND THE TAXPAYERS OF THIS COUNTY. MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THAT THE COUNTY ENTER INTO THE CONTRACT WHICH HAS BEEN PRESENTED BY THE BOARD OF TRUSTEES OF THE INDIAN RIVER MEMORIAL HOSPITAL TO FACILITATE THE SALE OF THE OLD HOSPITAL FACILITY TO THE COUNTY, 8 ne JUN 211978 BOOK Ju Wr COMMISSIONER SCHMUCKER AGREED THAT *IT IS TO THE COUNTY'S ADVANTAGE TO ENTER INTO THIS CONTRACT. HE NOTED THAT WE NEED A MAJOR PORTION OF THIS FACILITY RIGHT NOW, AND FELT SUCH A PURCHASE WOULD SAVE THE COUNTY FROM GOING INTO A TREMENDOUS BOND ISSUE FOR NEW FACILITIES. ATTORNEY COLLINS WISHED IT MADE KNOWN THAT THIS BUILDING IS BEING PURCHASED IN AN ItAS—IS " CONDITION. HE STATED THAT THE BOARD HAS HAD REPRESENTATION FROM THE HOSPITAL THAT THERE HAS BEEN REGULAR TERMITE INSPECTION, AND EXCEPT FOR THE OB AREA, THERE SHOULD BE NO PROBLEMS, HE FELT THERE IS NO QUESTION THAT THE ACTION TAKEN BY THE BOARD WILL SAVE THE TAXPAYERS OF THIS COUNTY A GREAT DEAL OF MONEY. CHAIRMAN WODTKE POINTED OUT THAT WE ARE NOT ONLY ACQUIRING THE HOSPITAL, BUT ALSO A GREAT AMOUNT OF LAND AS THIS PURCHASE INCLUDES A LARGE ADDITIONAL ACREAGE OF LAND NORTH OF THE HOSPITAL IN THE SPILLWAY AREA. THE CHAIRMAN FELT THIS HAS GREAT POTENTIAL el FOR THE FUTURE NEED FOR A GOVERNMENTAL COMPLEX. WILLIAM KOOLAGE OF THE AMERICAN ASSOCIATION OF RETIRED PERSONS STATED THAT HE IS DISTURBED BY THE CHAIRMAN SAYING THE PURCHASE PRICE IS ONLY $290,000 AND IGNORING THE BOND ISSUE, WHICH HE FELT IS MISLEADING. CHAIRMAN WODTKE NOTED THAT THE POINT HE WAS TRYING TO MAKE IS THAT THE TAXPAYER ALREADY IS PAYING OFF.THIS BOND ISSUE. MR. KOOLAGE THEN DISCUSSED THE PROJECTED SAVINGS THAT WOULD BE REALIZED BY CONSOLIDATING GOVERNMENTAL OFFICES AND ASKED WHAT THE ANTICIPATED SAVINGS WOULD AMOUNT TO. COMMISSIONER SIEBERT STATED THAT THE LAST TIME HE CHECKED WE WERE PAYING IN THE NEIGHBORHOOD OF $26,000 PER YEAR FOR RENTAL OF OFFICE SPACE, AND INTERGOVERNMENTAL COORDINATOR THOMAS POINTED OUT THAT THIS DOES NOT TAKE INTO CONSIDERATION WHAT THE SCHOOL BOARD PAYS. DALE SORENSEN, SPEAKING ON BEHALF OF THE HOSPITAL BOARD OF TRUSTEES, THANKED CHAIRMAN WODTKE AND ATTORNEY COLLINS FOR THEIR EFFORTS IN PREPARING THIS CONTRACT. HE CONTINUED THAT THE HOSPITAL DISTRICT FEELS THAT—THIS ACTION IS IN THE BEST INTERESTS OF THE 9 BOOK 35 PAU,r- 120 J HOSPITAL AND THE COUNTY COMMISSION AND MOST IMPORTANT THE TAXPAYERS THEY REPRESENT. HE NOTED, AS ONE ADDITIONAL POINT, THE COUNTY COMMISSION IS PAYING FAR LESS THAN THE APPRAISED VALUE OF THE COMPLEX, AND THE .HOSPITAL BOARD FEELS THE PAYMENT ACTUALLY IS SOMEWHAT OF A TOKEN PAYMENT BECAUSE IT IS TWO GOVERNMENTAL BODIES WORKING TOGETHER. HE CONTINUED THAT THEY ARE VERY PLEASED THAT THE BOARD IS CONSIDERING THIS PURCHASE AND CERTAINLY APPRECIATE THE BOARD S UNDERSTANDING Of THE HOSPITAL`S FINANCIAL SITUATION AND THE OFFER TO MAKE CERTAIN FUNDS AVAILABLE PRIOR TO THE ACTUAL CLOSING DATE. MEMBERS OF THE PRESS INQUIRED ABOUT THE SPECIFIC APPRAISED VALUE OF THE HOSPITAL AND MR. SORENSEN STATED THAT ACTUALLY IT HAS NOT BEEN APPRAISED, BUT HE BELIEVED IT WOULD AMOUNT TO SIGNIFICANTLY MORE -THAN THE CONTRACT PRICE. THE PRESS NEXT QUESTIONED THE VALUE OF THE LAND INVOLVED, AND CHAIRMAN WODTKE NOTED THAT TWO OF THE BLOCKS ARE OWNED BY VARIOUS GOVERNMENTAL BODIES, AND HE FELT THE OTHER ACREAGE IN THE SPILLWAY WOULD BE WORTH AT LEAST $100,000, NOT INCLUDING ANY IMPROVEMENTS. CHAIRMAN WODTKE CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. THE CONTRACT FOR THE PURCHASE OF THE OLD HOSPITAL AND SURROUNDING PROPERTY WAS THEN FORMALLY EXECUTED, AND COPY OF THE CONTRACT, EXCLUDING SCHEDULE "A" AND SCHEDULE "B", WHICH ARE ON FILE ..IN THE OFFICE OF THE CLERK, IS HEREBY MADE A PART OF THE MINUTES. 10 .._A i • CONTRACT FOR SALE AND PURCHASE On this !'` day of n '�,, , 1978, the INDIAN RIVER COUNTY HOSPITAL DISTRICT, a special taxing district organized by the Legislature of the State of Florida, hereinafter referred to as "SELLER", and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "BUYER", hereby agree that the Seller shall sell and the Buyer shall buy the following property upon the terms and conditions hereinafter set out: ' 8 a • I. REAL PROPERTY Parcel A - Lots 1 through 7, inclusive, Block 6, Original Town of Vero, according to the plat thereof filed in the office of the Clerk of the Circuit Court, St. Lucie County, Florida, in Plat Book 2, page 12, said lands now lying and being in the City of Vero Beach, Indian River County, Florida, SUBJECT to zoning, easements, conditions, reservations, restrictions and rights-of-way of record. TOGETHER with all improvements thereon. Parcel B - Lots 8 through 14,. inclusive, Block 6, Original Town of Vero, according to the plat thereof filed in the office of the Clerk of the Circuit Court, St. Lucie County, Florida, in Plat Book 2, page 12, said lands now lying and being in the City of Vero Beach, Indian River County, Florida. SUBJECT to zoning, easements, conditions, reservations, re- strictions, reversions and rights-of-way of record. TOGETHER with all improvements thereon. Parcel C - All of Block 7 and Block 8 (including vacated 19th Avenue between 25th Street and 26th Street) according + to the plat thereof filed in the office of the Clerk of the Circuit Court, St. Lucie County, Florida, in Plat Book 2, page 12. Said lands noti�T lying and being in the City of Vero Beach, Indian River County-, Florida. SUBJECT to zoning, easements, conditions, reservations, re- strictions and rights-of-way of record, to include but not limited to any right, title or interest of Indian River County in the real property described above. TOGETHER with all improvements thereon except that certain modular building presently housing the Seller's medical records department and any and all playground eRuipricnt and fencing installed on the above described property adjacent to the pediatric wardof Seller's hospital. Parcel D - Lot 1 and North ore -half Lot 2, Block 3; Lots 3, 4, 5, 6, 7, 8, 9, 10 and 11, Block 3; Lots 1, 2, 6 and 7, Block 4; all in Booker T. Washington Addition,'acc-ording to the plat filed in the office JU 211978 Box 35 w�nj'242-* • of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2,,page 34, now a part of the public records of Indian River County, Florida. Said Land lying and being in Indian River County, Florida. SUBJECT to zoning, easements, conditions, reservations, restrictions., and rights-of-way of record. TOGETHER with all improvements thereon. Parcel E - Lots 3, 4 and S, Block -5; West one-half Lot 1, all of Lots 2, 3, 7, 8, 9 and 10, Block 6; Lots 4, 6, 7 and 8, Block 7; all in Booker T. Washington Addi- tion, according to plat thereof filed in Plat Book 2,* page 34, public records of St. Lucie County, Florida, now a part of the public records of Indian River.County, Florida., SUBJECT to zoning, easements, conditions, reservations, restrictions, and rights-of-way of record. SUBJECT to and the hospital reserves the right to use the warehouse situate on Lots 3, 4 and 5, Block 5, for storage for a period of not longer than two (2) years from the date of closing. TOGETHER with all improvements thereon. Parcel F - Lot 5, Block 7, Booker T. Washington Addition, according to the plat thereof filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, page 34, said lands now lying and being in the City of Vero Beach, Indian River County, Florida, SUBJECT to zoning, easements, conditions, reservations, 0 restrictions, and rights-of-way of record. TOGETHER with all improvements thereon. II. PERSONAL PROPERTY All equipment, appliances, furniture, and fixtures, situated in the Indian River Memorial Hospital located on the property described above and the modular building presently housing the ,hospital personnel department, as of the date of this agreement, .except those items listed on Schedule "A" attached hereto which shall be be removed from the premises as the property 6f,the Seller and except the items listed on Schedule "B" attached hereto' unless, within thirty (30) days of the date of this contract, the Buyer shall provide Seller with a list of those items on Schedule B which Buyer needs and will use at the old hospital in which event, those items listed shall become the property of the Buyer at closing. It is the intent of this paragraph that.the Seller shall retain all property on Schedule B, which the Buyer does not need and intend to use at the old hospital, I to dispose of as Seller sees fit. JUN 21 197 -2- 35 wd,23 III. PURCHASE -PRICE The purchase price of the property described herein is Five Hundred Thousand Six Hundred Dollars ($500,600.00) payable as follows: A. Deposit to be held in escrow by Gould, Cooksey, Fennell, Appleby & McKinnon, P.A., attorneys for the Seller, in the amount of ------------------------------------------$ 1,000.00 R. Assumption by Buyer of 1959 $750,000.00 Indian River County, Florida, Hospital Bonds with a current outstanding principal balance of $275,000.00 less transfer of sinking fund reserve account and escrow balance for interest payment of a total of $64,400.00 ---------------------------------- 210,600.00 C. Balance to close (excluding deposit) subject to adjustments and prorations and payable in U.S, cash, certified or cashier's check at closing----------------------------- 289, 000.00 Total --------------- $ S00,600.00 IV. EVIDENCE OF TITLE TO REAL PROPERTY Within thirty (30) days after the date of this contract, the Seller will pay for. and deliver to the Buyer, evidence of title in the form of an abstract of title prepared by an abstractor licensed to do business in Indian River'County, Florida, purporting to be an accurate synopsis of the instruments affecting the title to the real property, which is the subject of this contract, re- corded in the public records of Indian River County, to the date of this contract, showing the title to be conveyed to be good and.marketable or insurable. V. - EXAMINATION OF TITLE AND CURE Buyer shall have thirty (30) days from date of re- ceiving evidence of title to examine the same. If title is JU21197 -3- e found defective, Buyer shall, within three (3) days thereafter, notify Seller in writing specifying defects. If said defects render title uninsurable, Seller shall have one hundred eighty (180) days from receipt of notice within which to remove said defects, and if Seller is unsuccessful in removing them within said time, Buyer shall have the option of either 1) accepting the title as it then is, or 2) demanding a refund of all monies paid hereunder which shall forthwith be returned to Buyer and thereupon Buyer and Seller shall be released of all further obligations under this contract; however, Seller agrees that it will, if title is found to be uninsurable, use diligent effort to correct the defects in title within the time limit provided therefor, including the bringing of necessary suits. VI. CLOSING A. Closing shall be held at the office of Seller's attorney, Gould, Cooksey, Fennell, Appleby & McKinnon, Professional Association, 979 Beachland Boulevard, Vero Beach, Florida 32960. B. Seller's attorney shall prepare deeds, bills of sale, closing statements, any corrective instruments re- quired in connection with perfecting title and certified copies of resolutions of Seller authorizing the sale of the real property and improvements herein and the transfer of the bond issue and related accounts, as set forth .' .hereafter, to the Buyer, Buyers attorney shall prepare and . ! provide Seller with certified copies of resolutions of Buyer' • authorizing -the purchase of the real property and improvements set forth herein and the assumption of the bond issue and re- lated bank accounts by the Buyer. Buyer's attorney shall ' alsore are the document by which the Buyer assumes the P p bond issue. C. This transaction shall be closed with the deeds and other closing papers delivered on the 1st day of August, 1978, or within thirty (30) days after Seller vacates the premises and moves into its new hospital f facility whichever date is later unless extended by other provisions of this contract. D. Proceeds of Sale and Closing Procedure - The deeds shall be recorded upon the clearance of funds and evidence of title continued at Buyer's expense to.show title in Buyer, without any encumbrances or change which would render Seller's title uninsurable, from the date of the last evidence and the! ....cash proceeds of sale shall be held in escrow by Seller's attorney or by such other escrow agent as may be mutually agreed upon for a period of not longer than five (S) days from and after closing date. If Seller's title is rendered uninsurable, Buyer shall within said five (S) day period, notify Seller in writing of the defect and'Seller shall have thirty. (30) days from date of receipt of such notification to cure said defect. In the event Seller fails to timely cure said defect, all monies paid hereunder shall, upon written demand therefor, and within five () days s thereafter, be y returned to the Buyer and, simultaneously with such repay- ment, Buyer shall vacate the premises and reconvey all of the; subject property to the Seller by special warranty deed. In the event Buyer fails to make timely demand for refund, Buyer shall take title as is, waiving all right against Seller as to such intervening g defect except as may be available to Buyer by virtue of warranties, if any, contained in the deed. VII. CONVEYANCE Seller shall convey title to the real property described as Parcels B and C by quitclaim deed and shall convey title to Parcels A, D, E and F by special warranty deed.. Personal property shall, at the request of Buyer, be. conveyed by an absolute bill of, sale with warranty of title, subject to such liens as may be otherwise provided for herein. VIII.ASSUMPTION OF OUTSTANDING BOND ISSUE As part of the consideration for the sale, Buyer agrees to assume that certain outstanding bond issue described as $750,000.00 Indian River County, Florida, Hospital Bonds 1059, with a current outstanding principal balance of Two Hundred Seventy -Five Thousand Dollars ($275,000.00). Seller represents to JUN 2 1 197 35 ma 12tio 9 .I the Buyer that all payments of principal and interest* on "Cl bond issue are current. Buyer agrees to indemnify and hold Seller harmless from any and all'loss or expense in connection with such bond issue and such indemnification and hold harmless agreement shall survive the closing of this transaction. Seller shall transfe . r to Buyer the following sinking fund accounts of Seller held in connection with such bond issue: The reserve account in the sinking fund of $54,000.00 (together with interest accrued on said account from April 1, 1978 to date of transfer)-, together with monies accured for payment of interest on said bonds due August 1, 1978. These accounts shall be transferred from Seller to Buyer on date of closing. If closing -is subsequent to August 1, 1978, Seller will pay the interest payment referred to above and that account will not be transferred to Buyer. IX. POSSESSION Seller agrees to deliver occupancy of property at time of closing. In the event that occupancy is delivered prior to closing, Buyer assumes all risk of loss to property from date of occupancy, shall be responsible and liable for mainten- ance thereof from said date, and shall be deemed to have accepted the property, real and personal, in its. existing condition as of time of taking occupancy unless otherwise noted in writing and delivered to Seller at time of taking occupancy. In the event that Seller shall not have removed all of its •equipment from 'the property as of the date of closing, Buyer will grant Seller ..additional time to remove such equipment as needed but not in excess of sixty (60) days. X. UTILITIES AND FUELS Electric and water meters shall be read as of date of closing or as of date of occupancy, whichever occurs first, with the resulting bill to be paid by the Seller. Fuels to in— clude diesel oil, gasoline, and LP gas, shall be measured as of the day prior to closing. The cost of such fuel to the Seller shall be paid by the Buyer at closing. JU.N 2 1108 9) Box 35 m .1 XIM.W-PAIR PARTS AND MAINTENAMCONTRACTS Seller shall transfer to the Buyer at closing,as part of the consideration for the purchase price set forth herein, all repair and replacement parts which Buyer has on hand for the equipment remaining in the hospital after closing. Seller shall provide Buyer with copies of all outstanding maintenance contracts for equipment remaining on the premises for the Buyer's information and reference. XII. SURVEY The Buyer, within time allowed for delivery of evidence of title and examination thereof, may have the property surveyed at its expense.. If the survey, certified by a registered Florida surveyor, shows any encroachment on said property or that improve- ments located on the subject property in fact encroach on lands of others, or violate any of the contract covenants., the same shall be treated as a title defect. Any survey prepared in. connection with or as a consequence of this transaction may include a description of the property under the Florida Coordinate *System as defined in Chapter 177, Florida Statutes. XIII .SPECIAL ASSESS"IENT LIENS Certified, confirmed and ratified special assessment liens as' of date of closing (and not as of date of contract) are to be • paid by Seller. Pending liens as of date of closing shall be assumed by Buyer, provided, however, that where the improvement has-been substantially completed as of the date of contract, such pending lien shall be considered as certified, confirmed or rati- fi.ed and Seiler -shall, at closing, be charged an amount equal to the last estimate by the public- body, of.the assessment for the improvement. XIV. RISK OF LOSS If the improvements are damaged by fire or other casualty prior to closing, and cost of restoring the same does not exceed three (3) percent of the purchase price 'of the improvements so damaged, cost of restorati6n.sliall be an obligation of the Seller and closing shall proceed pursuant to the terms of the contract with cost therefor escrowed at closing. In the event that cost e% 3 5 12,85 F of repair or restoration exceeds three (3) percent of the purchase price of the improvements so damaged, Buyer shall have the option iof either taking the property as is, together with the.said three i �(3) percent or of cancelling the contract and receiving return of !deposits made hereunder. V. DEFAULT t• .If Buyer fails to perform this contract within the time speci- fied, the deposits paid by the Buyer aforesaid may be retained by or for the account of Seller as liquidated damages, consideration for the execution of this contract and in full settlement of -any iclaims; whereupon all parties shall be relieved of all obligations :under the contract; or Seller, at its option, may proceed at law . i for in equity to enforce its legal rights under this contract. If,• ;'for any reason other than failure of Seller to render its title ;;insurable after diligent effort, Seller fails, neglects.or refuses f i to perform this contract, the Buyer may seek specific performance for elect to receive the return of its deposits without thereby waiving any action for damages resulting from Seller's breach. :XVI. EXPENSES Buyer and Seller shall each bear their respective expenses Mand attorney's fees; however, the cost of recording any corrective 11instruments shall be borne by the Seller and the cost of recording I ;deeds from Seller to Buyer shall be borne by the Buyer. ,XVII.ESCROW Any escrow agent receiving funds is authorized and agrees by acceptance thereof to promptly deposit and to hold same in escrow ,hand to disburse same, subject to clearance thereof, in accordance iwith the terms and conditions of this contract. Failure of clear- iance of funds shall not excuse performance by the Buyer. In the Vevent of doubt as to its duties or liabilities under the provisions of this contract, the escrow agent may in its sole discretion, con- tinue to hold the monies which are the subject of this escrow t � !!until the parties mutually agree to the disbursement thereof, or i • 1 �� JUN 2 11978 � _�_ • i juntil a judgment of a court of competent jurisdiction shall 3 ;."".determine the right of the parties thereto, or it may, deposit Mall the monies then held pursuant to this contract with the Clerk tof the Circuit Court of the County having jurisdiction of the hispute, and upon notifying all parties' concerned of such action., fall liability on the part of the escrow agent shall fully terminate except to the extent of accounting for any monies there- tofore delivered out of escrow. In the event of any suit between Buyer and Seller wherein the escrow agent is made a party by virtue lof acting as such escrow agent hereunder, or in-the event of any Isuit wherein escrow agent interpleads the subject matter of this !!escrow, the escrow agent shall be entitled to recover a reasonable 11attoniey's fee and costs incurred, said fees and costs to be .charged and assessed as court costs in favor of the prevailing :Party-. All parties agree that the escrow agent shall not be liable to any party or person whomsoever for misdelivery to Buyer !-or Seller of monies subject to this escrow, unless such mis- idelivery shall be due to willful breach of this contract or gross I'negligence on the part of the escrow agent. 1XVIII.TIME -Time is of the essence of this Contract. Any reference here* r. Un. to time periods of less than six (6) days shall in the computa- I ;tIon thereof exclude Saturdays, Sundays and legal holidays, and 'any time period provided for herein which shall.end on a Saturday,' i,Sunday or legal holiday shall extend to 5:00 P.M. of the next full !business day. ! 'XIX. ATTORNEY FEES AND COSTS In connection with any litigation including appellate pro- ,ceedings arising out of this contract, the-prevailing party shall The entitled to recover reasonable attorney's fees and costs. 'XX. RE111ONTAL OF MODULAR BUILDING, Seller shall have until ninety (90) days after the date b of' closing to remove the modular building presently housing JUN 2*11978 BOOK 35 PA '� .� the Se1ler's medical records department from the premises described herein. XXI. ADVANCE OF PROCEEDS PRIOR TO CLOSING Anything to the Contrary an this contract notwithstanding,, $oyer agrees to advance funds, against the purchase price, to the Seller, prior to closing upon written request from the; Seller. Such funds shall not exceed the sum of Twa Hundred Thousand Dollars {$200,OOO.pO�. The monies so advanced shall not be required to be held in escrow by Seller but may be expended by the Seller in the conduct of its operations and construction program. All monies advanced shall be credited against the purchase price at closing. In the event that Seller's title is '- unmarketable and is not cured in accordance with the provisions of this contract and the Buyer elects to terminate this contract, or if Seller defaults on its contractual obligations and the Buyer elects to cancel the contract or if Buyer cancels the con- bract pursuant to the terms of Paragraph XIV hereof then alI monies advanced to Seller shall be refunded to the Buyer within fafteen {15} days of written demand therefor. XXII.OTHER AGREEMENTS No prior or present agreement or representations shall be i banding upon any of the part�.es hereto unless incorporated in � this contract. The Buyer acknowledges that it has not relied on any representations of the Sellar regarding any subject matter ' of this contract other than those specifically set forth herein. No modification or change in this `contract shall be valid or binding upon the parties unless in writing executed by the paxties to be bound thereby. IN WITNESS ��tIiEREOF, the parties hereto have caused this - Contract to be executed by the proper officers duly out}iori�ed 'and seals affixed tlio day and year first above written in dupli- -� S .. � � � - JUN 2 � �7 .. � � � .�. . �.�. cate-, either of which may be deemed an original. • Signed, Sealed and Delivered INDIAN RIVER COUNTY HOSPITAL DISTRICT in the Presence of: ���►..���,��....�--, BY ; � . .�... . J. Dale Sorensen - ha}rman ?ATTEST BY : A to C airman and Secr�tar Grunt Neville =-Secretary (SEAL) BOARD OF COUNTY MNDMISSIONERS INDIAN RIVER COUNTY Ch rman FREIM WRIGHTi 17� ..tom ATTEST .BY: c� r"'` ",."'� „'R= A9 to Chairman and Cleat Freda IV -right - Clerk (SEAL) BOOK 35 PAGF I f • t 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 OUNTY OF INDIAN RIVER: TATE 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 kt Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being ./7f)tj..n,L in the matter of A1 _t % � 1,0?i In the �` J Court, was pub- Ifshed in said newspaper in the issues of f �� 1 411 / r 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 heen 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 5 r a period of one year next preceeding the first publication of the attached copy of adver- r"ssement; 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- (Isement for publication in the said newspaper. Sworn to and subscribed before me this day A.D. / _271 \ �. dBusi ss nager)- (Clerk of the Circuit Court, Indian Rive ounty, IaEAL) Florida) NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will receive bids to the hour of 9:30 A.M. Wednesday, June 21, 1978, for the following: One (1) new 10-12 Cubic Yard Dump Truck Specifications, instructions to bidders and bidding blanks are available at the office of the County Administrator, Room 115, County Court House, or will be mailed upon request. The Board of County Commissioners reserves the right to reject any or all of the bids and make awards in any manner which the Board considers to be in the best interest of Indian River County, Florida. Bids for the above item shall be 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. June 21, 1978, will be returned unopened. Indian River County, Florida Board of County Commissioners By: William C. Wodtke Jr., Chairman June 11, 14, 1978.. THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS'WERE RECEIVED, OPENED AND READ: SUNRISE FORD, FORT PIERCE 1979 FORD LNT 8000 — TRADE—IN (MOODY, TAMPA M�NTON EQUIPMENT CO., FORT IERCE I.H.C. F2554 — TRADE—IN THE BIG 4, REMCO TRUCK CENTER AUTO CAR KS 64 'TRADE—IN $35,853.17 10 000.00 $25,853.17 No BID $37,000.00 _ 6,000.00 $31,000.00 $36,893.00 3,500.00 $33,393.00 22 35 �� 3 CHAIRMAN WODTKE COMMENTED THAT THE INSURANCE COMPANY SPENT ALMOST $12,000 REPAIRING THE TRUCK THAT IS TO BE USED FOR THE TRADE-IN, WHICH HE FELT IS AN IMPORTANT CONSIDERATION. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED TO THE ADMINISTRATOR FOR EVALUATION. THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICES WITH PROOFS 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 / l .t J,(�(° �� NOTICE a NOTICE IS HEREBY GIVEN that the Buard of County Commissioners of Indian River County, Florida, will receive bids to the hour of in the matter of �� �/ 9:30 A.M. Wednesday, June 21, 1978, for the following: t/f Repair and Painting the County Jail Exterior Walls Specifications, instructions to bidders and bidding blanks are available at the Office of the County Administrator, Room 115, County In the Court, was pub- Court House, or will be mailed upon request. The Board of County Commissioners reserves the right to r•�ject any or all of the fished in said newspaper in the issues of % �/} 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 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at mailed or delivered to the Office of the County Vero Beach, in said Indian River County, and that the said newspaper has heretofore Administrator, Room 115, County Court House, been continuously published in said Indian River County, Florida, weekly and has been entered Vero Beach, Florida 32960. Proposals received as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida after 9:30 A.M. June 21, 1978, will be returned for a period of one year next preceeding the first publication of the attached copy of adver- unopened. tisement; and affiant further says that he has neither paid nor promised any person, firm or Indian River County, Florida corporation any discount, rebate, commission or refund for the purpose of securing this adver- Board of County Commissioners tisement for publication in the said newspaper. By: William C. Wodtke Jr., Chairman ( �J June 4, 7, 1978. Sworn to and subscribed before me this 1, * y of -�� G A.D. 7 T(sinpManager) (SEAL)(Clerk of the Circuit Court, Indian iv r County, Florida) - JUN 211978 �� 23 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: ATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath ys that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published t Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the matter of A � � �� n� — -�!' 66:1 In the . Court, was pub - (fished in said newspaper in the issues of - q , 7' /9 %Y 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. �"t� ji /,� (`� ) (, Sworn to and subscribed before this V�ay of`;¢�t'J^�-- A.®.! 7 R' V �- Manager) A e` (Clerk of the Circuit Court, IndiarlR�lrer County, Florida) (SEAL) NOTICE NOTICE IS HEREBY GIVEN that the Board Of County Commissioners of Indian River County, Florida, will receive bids to the hour of 9:30 A.M. Wednesday, June 21, 1978, for the following: Repairs to Existing County Jail Roofs Instructions to bidders and a bidding blank are available at the Office of the County Ad. ministrator, Room 115, County Court House, or will be mailed upon request. The Board of County Commissioners reserves the right to reject any or all of the bids and make awards in any manner which the Board considers to be in the best interest of Indian River County, Florida. Bids for the above item shall be 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. June 21, 1978, will be returned unopened. Indian River County, Florida Board of County Commissioners BY: William C. Wodtke Jr., Chairman Jure;, 7, 1978. THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICES AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: GOLD COAST PAINTING, FORT PIERCE �EPAIR & PAINTING OF EXTERIOR AIL WALLS CAPPELEN PAINTING, INC., VERO BEACH REPAIR AND PAINTING OF EXTERIOR JAIL WALLS GOLD COAST PAINTING, FORT PIERCE REPAIR OF JAIL ROOFS RUSS ROOFING & REPAIR, VERO BEACH REPAIR OF JAIL ROOFS $6,782.96 $4,900.00 $6,935.00 $10,500.00 ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED TO THE ADMINISTRATOR FOR EVALUATION. JUS 2 11978 24 CHAIRMAN WODTKE INFORMED THE BOARD THAT AN ORDINANCE PROPOSING A MORATORIUM ON NEW SEWER AND WATER FRANCHISES AND EXPANDING OF ANY EXISTING SEWER AND WATER FRANCHISES HAS BEEN DRAFTED AND IS SCHEDULED FOR PUBLIC HEARING ON .DULY 5TH, THE CHAIRMAN ASKED ABOUT THE TRANSFER OF AN EXISTING FRANCHISE ATTORNEY COLLINS STATED THE ORDINANCE WOULD NOT AFFECT THAT. HE EXPLAINED THAT THE BOARD STILL WOULD HAVE TO JUDGE WHETHER THE TRANSFER IS PROPER, BUT HE DID NOT BELIEVE THE TRANSFER OF AN EXISTING FRANCHISE FROM ONE COMPANY TO ANOTHER WOULD AFFECT THE STATUS QUO BECAUSE THE FRANCHISE AREA WOULD REMAIN THE SAME. COMMISSIONER SCHMUCKER QUESTIONED THE PHRASE "UNTIL.AN OVERALL.000NTY PLAN CAN BE DETERMINED" AND ASKED WHAT THAT MEANT EXACTLY. ATTORNEY COLLINS NOTED THAT THE ENGINEERS WILL BE COMING UP WITH SOME REPORTS PURSUANT TO DIRECTIONS GIVEN THEM BY THE BOARD AND A TIME PERIOD SHOULD BE ESTABLISHED WHICH WOULD COINCIDE IN SOME FASHION WITH THE REPORTS TO BE GIVEN BY THE ENGINEERS. COMMISSIONER LOY FELT THIS WHOLE PROGRAM IS ON SOMEWHAT OF AN EMERGENCY BASIS. SHE ASKED ENGINEER BEINDORF IF, IN HIS OPINION, SIX MONTHS WOULD BE A REASONABLE TIME PERIOD TO UPDATE RULES AND REGULATIONS AND DETERMINE WHERE WE ARE GOING ON OUR COUNTY SEWER AND WATER PLAN. ENGINEER BEINDORF FELT SIX MONTHS WOULD BE SATISFACTORY AS A MINIMUM TIME PERIOD. COMMISSIONER SIEBERT FELT_POSSIBLY THERE SHOULD BE A PROVISION INCLUDED IN CASE AN EMERGENCY SITUATION ARISES IN ORDER TO GIVE THE BOARD SOME LATITUDE, I.E.., IF A BANKRUPTCY WERE DECLARED. ATTORNEY COLLINS POINTED OUT THAT THE ORDINANCE ALWAYS COULD BE AMENDED ON AN EMERGENCY BASIS. AFTER FURTHER CONVERSATION, IT WAS AGREED THAT A TIME PERIOD COULD BE ESTABLISHED AT THE PUBLIC HEARING. ENGINEER BEINDORF AND'TOM TESSIER OF GERAGHTY & HILLER REPORTED ON THE AWARDING OF THE BIDS FOR THE WELLS AT KIWANIS-HOBART JUN 211978 253 5 r36 4 ENGINEER BEINDORF NOTED THAT THE BID FROM MCCULLERS & HOWARD WELL DRILLING WAS THE ONLY ONE RECEIVED, AND SINCE THE ENGINEERS DID NOT FEEL THE BIDDER THOROUGHLY UNDERSTOOD ALL THE ITEMS, THEY DETERMINED FROM ATTORNEY COLLINS THE LEGALITY OF NEGOTIATING WITH A SINGLE BIDDER. HE CONTINUED THAT THEY HAVE NOW GONE OVER THIS BID WITH MR. MCCULLERS AND ARE RECOMMENDING THAT ABOUT FOUR ITEMS BE CHANGED. THESE ITEMS ARE SET OUT IN A LETTER FROM GERAGHTY & MILLER DATED JUNE 161 1978, WHICH IS HEREBY MADE A PART OF THE MINUTES. Geraghty & Miller, Inc. CONSULTING GROUND -WATER GEOLOGISTS AND HYDROLOGISTS 16 June 1978 Mr. James L. Beindorf, P.E. Beindorf and Associates, Inc. P. O. Box 849 Fiero Beach, Florida 32960 Dear Jim, Forum III : Suite 403 1675 Palm Beach Lakes Boulevard West Palm Beach, Florida 33401 Telephone 305 / 683-3033 Port Washington - Tampa - Urbana I have reviewed the bid proposal of McCullers and Howard Well Drilling, Inc., for the testing work to be done for Indian River County at Hobart Park. I feel that the Countv should negotiate with McCullers and Howard on several of the items contained in the proposal, so I would like to 'discuss the bid Stem by item. 1.0 EXPLORATORY WELLS 1.1 For providing equipment, materials, and labor necessary to construct, sample, develop, test, and remove six explora- tory wells in accordance with the specifications AS BID LUMP SUM PRICE OF for drive screen wells. Bill McCullers and I have agreed that an attempt should be made to .install each of the explora- tory wells with perforated pipe (drive) screeIls. If this mothod proves 11IlScltiS- factory, McCulley, a11d llo%vard wi ll ' ini:orm the Cotuity of any nocossa1'y price adju st- JUN 211979 mcnit for scre.enrd wrl.ls for each well which requires -,c.rc onillcl. 26 $ 4,800.00 235 wouj.14,47 I 0 JUN 21197 3 5 4tt 13' 8f 1.2 Adjustments: Exploratory Wells 1.21 For drilling and formation sampling more or less than 125 feet deep AS BID 2.00/Ft. 1.22 For installing and removing a ten-. foot -long screen and collecting a water sample from more or less than one zone in each well SUGGESTED - NEGOTIATION TO PRICE OF 40.00/Sample As we are using the drive screen method, which will not necessitate the installation of screens, $40 per sample is a reasonable price for pumping for one-half hour. 1.23 For exploratory well casing left in 'place AS BID 1.70/Ft. 1.24 For exploratory well screen left in place AS BID 240.00/Screen 1.25 For standby time for work delays imposed by the Owner or Consultant AS BID 40.00/11r. 2.0 TEST WELL 2.1 For providing equipments materials, and labor necessary to construct, sample, develop, test, and remove one test well in accordance with the specifications SUGGESTED - NEGOTIATION TO LUplp SUM PRICE OF $12,130.00 11cCullers and Howard has agreed that .this is a reasonable lump sum price considering that their drilling method differs slightly from that called for in the specifications and that.they estimated a higher priced screen than is called for in the specifications. 0 JUN 21197 3 5 4tt 13' 8f 2.2 Adjustments: Test Well 2.21 For drilling and formation sampling " more or less than 125 feet AS BID $ 6.00/Ft. 2.22 For setting more or less than 20 ' feet of screen interval (insertion of a blank section is to be consid- ered part of screen) ' SUGGESTED - NEGOTIATION TO PRICE OF $ 40.00/Ft. Xn making their bid, 21cCullers and Howard assumed that stainless steel well screen would be installed. However, iron screen was called for ' in the specifications. Iron screen costs about half- as much as stainless • steel screen (less shipping costs). 2.23 For development more or less than 20 hours AS BID $ 15.00/Hr. 2.24 For testing more or less than 24 hours AS BID $ 15.00/Hr. 2.25 For standby time for work delays imposed by the Owner or Consultant AS BID $ 40.00/Hr. 3.0 OBSERVATION WELLS 3.1 For providing equipment, materials, and labor necessary to construct, sample, develop, test, and remove three observation wells and three dry wells in accordance with the specifications AS BID LUMP SUM PRICE OF $ 2,320.00 3.2 Adjustments: Observation Wells 3.21- For drilling and formation sampling more or less than 125 feet deep As IIID $ 2.00/Ft. 3.22 For observation well casing left in place AS IIID $ 1.70/rt. 3.23 For observation well screens left ,in Place rr 5 � JUN 2x.1979' ;;i)cG].STI(1N---NI,G6TTA-P .ON TO i1111 -Cl: ® a McCullers and Iioward priced their bid based upon the installation of a.ten- foot length of screen. Only a three- foot length of screen will be necessary. The screen price should be adjusted accordingly. 3.24 For standby time for work delays imposed by the Owner or Consultant AS BID $ 40.00/Hr. I hope that this letter will help the County to proceed with negotiations in this matter. I am sure everyone would like to see this program progressing smoothly. Sincerely, GERAGHTY & MILLER, ITIC . Thomas L. Tessier Senior Hydrogeologist ENGINEER BEINDORF STATED THAT THEY ARE ALSO RECOMMENDING A CHANGE IN REGARD TO THE PERFORMANCE BOND BECAUSE THIS IS NOT A LARGE CONTRACT, AND MR. MCCULLERS IS NOT SET UP TO HAVE PERFORMANCE BONDS. HE INFORMED THE BOARD THAT IN LIEU OF A PERFORMANCE BOND, MR. MCCULLERS HAS SUGGESTED THAT THE COUNTY SIMPLY NOT MAKE ANY PAYMENTS UNTIL THE JOB IS ACCEPTED BY THE ENGINEERS. ENGINEER BEINDORF FELT THAT THIS WOULD BE A GOOD ARRANGEMENT -AND STATED THAT THEY HAVE WAIVED PERFORMANCE BONDS ON OTHER SMALL JOBS. HE CONTINUED THAT THE ENGINEERS ARE NOW RECOMMENDING THAT THE BOARD APPROVE A CONTRACT BEING PREPARED WITH MCCULLERS & HOWARD WELL DRILLING IN CONFORMANCE WITH THE CHANGES SET OUT IN THE LETTER FROM GERAGHTY & MILLER AND ALSO THAT A PERFORMANCE BOND BE WAIVED.. TOM TESSIER OF GERAGHTY & MILLER THEN REVIEWED THE VARIOUS SUGGESTED ITEMS OF CHANGE WITH THE BOARD. HE NOTED THAT IF THEY CAN USE THE DRIVE SCREEN METHOD, IT WOULD ELIMINATE THE NEED FOR INSTALLATION OF SET SCREENS. IF IT SHOULD TURN OUT THAT THE SET SCREENS WILL BE NECESSARY IN SOME SITES, THEY CAN BE PAID FOR PER JUN 2 11978 29 35ll SCREEN. USING THE DRIVE SCREEN METHOD WOULD -MAKE THE COLLECTION OF SAMPLES LESS EXPENSIVE, AND THEY ARE RECOMMENDING A DROP FROM $50.00 PER SAMPLE TO $40.00. MR. TESSIER CONTINUED THAT ON THE TEST WELL THEY ARE RECOMMENDING A CHANGE IN PRICE DOWN TO $12,130 BASED ON COMPARABLE DRILLERS IN THE AREA, AND ALSO THE JOB WAS BID WITH STAINLESS STEEL WELL SCREENS WHILE THE BID SPECIFICALLY CALLED FOR IRON SCREENS, WHICH ARE ABOUT HALF THE PRICE. MR. TESSIER FURTHER NOTED THAT THE BIDDER ASSUMED THAT THE OBSERVATION WELLS WOULD REQUIRE 10' OF SCREEN AND THEY ONLY REQUIRE ABOUT 3', WHICH AGAIN WOULD DROP THE PRICE. ADMINISTRATOR JENNINGS QUESTIONED THE REASON FOR USING IRON SCREENS RATHER THAN STAINLESS STEEL, OTHER THAN THE COST DIFFERENTIAL, AND MR. TESSIER EXPLAINED THE REASON IS BECAUSE THIS IS AN EXPLORATORY WELL AND NOT A PERMANENT ONE, BUT IN ANY EVENT IRON SCREEN WILL STAND UP FOR A NUMBER OF YEARS. COMMISSIONER LOY ASKED HOW THE OVERALL PRICE COMPARES WITH THE ORIGINAL BID. ENGINEER BEINDORF STATED THAT IT WILL SHOW ONLY A COUPLE THOUSAND DOLLARS DIFFERENCE IN A LUMP SUM, BUT IF WE GET INTO THE UNITS, IT WILL MAKE A FURTHER DIFFERENCE. HE STATED THAT THEY FELT THERE WAS ENOUGH REDUCTION TO WARRANT NEGOTIATIONS, AND INFORMED THE BOARD THAT MR. MCCULLERS HAS AGREED TO THESE FIGURES. CHAIRMAN WODTKE INQUIRED ABOUT THE TIME FRAME, AND ENGINEER BEINDORF STATED THAT IT WOULD BE DIFFICULT TO ESTABLISH A TIME FRAME BECAUSE SUBSURFACE WORK HAS MANY UNKNOWNS - YOU HAVE GOT TO TEST AND SEARCH AND THAT IS WHAT TAKES THE TIME. ONCE.THE CONTRACTOR IS GIVEN NOTICE, IT IS NORMALLY REQUIRED THAT WORK BE STARTED WITHIN TEN DAYS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO EXECUTE A CONTRACT WITH MCCULLERS AND HOWARD WELL DRILLING, INC. CONSISTENT WITH THE PRESENTATION MADE BY MR, TESSIER OF GERAGHTY & MILLER AND AGREED TO WAIVE THE REQUIREMENT FOR A PERFORMANCE BOND WITH THE PROVISION THAT NO PAYMENT WILL BE MADE UNTIL THE WORK IS COMPLETED TO THE ENGINEER'S SATISFACTION. JUN 2 11978 30 . BOOK 35 PAGE141i L� SAID CONTRACT WILL BE MADE A PART OF THE MINUTES WHEN FULLY EXECUTED. CARL HEFNER, COUNTY LITTER OFFICERIREPORTED THAT HIS NEW VEHICLE WILL BE IN OPERATION THIS AFTERNOON WITH RADIOS FROM BOTH THE SHERIFF'S DEPARTMENT AND THE COUNTY ROAD & BRIDGE DEPARTMENT, WHICH WILL BE A GREAT HELP TO HIM. HE STATED THAT HE BELIEVES THERE HAS BEEN A GREAT DECREASE IN ILLEGAL DUMPING EXCEPT FOR THREE OR FOUR SPECIFIC SPOTS IN THE COUNTY, MAINLY ONE IN FELLSMERE. HE .THEN DISCUSSED THE COVERING OF LOADS, AND STATED THAT THIS SITUATION IS ALSO GREATLY IMPROVED$ COMMISSIONER SIEBERT ASKED ABOUT DUMPING IN GROVES, AND THE LITTER OFFICER STATED THAT HE HAS BEEN GIVING THE GROVE OWNERS SIGNS TO POST, AND THEY HAVE BEEN VERY COOPERATIVE. HE FELT THERE HAS BEEN SOME DECREASE IN THIS ALSO. OFFICER HEFNER STATED THAT THERE HAS BEEN, HOWEVER, AN INCREASE OF DUMPING OF LARGE ITEMS, SUCH AS COUCHES, CHAIRS, TVs, ETC., AT THE COLLECTOR STATIONS. COMMISSIONER SCHMUCKER STATED THAT HE HAD BEEN INFORMED THERE HAVE BEEN MAJOR COMPLAINTS OF LARGE LOADS BEING DUMPED IN THE OSLO GROVE AREA. OFFICER HEFNER STATED THAT HE MAINLY HAS HAD SMALL NEIGHBORHOOD COMPLAINTS, BUT IF PEOPLE IN THE OSLO AREA WILL REPORT THEIR COMPLAINTS TO NIM, HE WILL CHECK ON THEM, HE CONTINUED THAT HE HAS ISSUED APPROXIMATELY 23-25 CITATIONS SINCE HE STARTED AND THAT HE WORKS THROUGH THE STATE'S ATTORNEY AND THE SHERIFF.'S. DEPARTMENT. CHAIRMAN WODTKE STATED THAT HE DOES NOT FEEL THE BOARD CAN STRESS TOO STRONGLY HOW IMPORTANT THE LITTER OFFICER'S JOB IS BECAUSE WE ARE VERY CONCERNED WITH KEEPING THIS COUNTY THE BEAUTIFUL PLACE IT IS AND ALSO WE WOULD LIKE TO CONTINUE WITH THE PRESENT SYSTEM OF OPERATING THE LANDFILL AND NOT HAVE TO GO INTO MANDATORY PICK-UP, ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT COMMUNICATION HAS BEEN RECEIVED FROM MR. SENKEVICH, DISTRICT MANAGER FOR THE DEPARTMENT OF ENVIRONMENTAL REGULATION, IN REGARD 31 . iva 35 wu� L� TO THE POSSIBILITY OF THE CLOCK RESTURANT, WHICH HAS SEWAGE PROBLEMS, TYING INTO THE FORCE MAIN ON 12TH STREET. THE ADMINISTRATOR STATED THAT HE WROTE THE STANDARD LETTER IN ANSWER WHICH STATES THAT THIS SITUATION HAS TO BE EVALUATED BEFORE ANYONE CAN BE ALLOWED TO TIE IN. THE ADMINISTRATOR NOTED THAT IF THE CLOCK RESTURANT CANNOT TIE IN ANY TIME SOON, THEY WILL HAVE TO REVISE AND UPGRADE THEIR DISPOSAL SYSTEM. CHAIRMAN WODTKE FELT THE ONLY THING WE CAN DO IS WRITE MR. SENKEVICH EXPLAINING THE PREVIOUS ACTION THE BOARD HAS TAKEN AND THAT WE HAVE NUMEROUS APPLICATIONS FOR ANY REMAINING CAPACITY THERE MIGHT BE ON THAT GRAVITY FLOW LINE. ADMINISTRATOR JENNINGS FELT THAT MR. SENKEVICH JUST WANTS TO SUBSTANTIATE THAT THIS MATTER HAS BEEN BROUGHT TO THE BOARD'S ATTENTION. ATTORNEY COLLINS REPORTED THAT THE ZONING COMMISSION HAS RECOMMENDED A CHANGE TO THE OFF-STREET PARKING ORDINANCE AND HE WOULD LIKE AUTHORITY TO ADVERTISE SAME. COMMISSIONER SCHMUCKER ASKED IF THIS MEANS OTHER TYPES OF PAVING RATHER THAN ASPHALT. ATTORNEY COLLINS FELT THIS MATTER SHOULD BE DEFERRED UNTIL ASSISTANT PLANNER BERG IS HERE TO EXPLAIN THEIR SPECIFIC INTENT. HE NOTED THEY APPARENTLY WANT AUTHORITY TO RELAX SOME OF THEIR STANDARDS$ THE BOARD AGREED TO HOLD THIS MATTER FOR FURTHER DISCUSSION WHEN MR. BERG IS PRESENT. COMMISSIONER LOY REPORTED THAT SHE HAD DISCUSSED THE SHERIFFS REQUEST FOR REPLACEMENT OF OBSOLETE.RADIOS AND PURCHASE OF FOUR HAND-HELD RADIOS UNDER THE L.E.A.A. GRANT WITH DEPUTY BETTY KHAIL, AND NOTED THAT, ALTHOUGH THIS IS NOT A DIRE EMERGENCY, IN ORDER TO OBTAIN THE FUNDS FOR THIS EQUIPMENT,THE L.E.A.A. ADVISORY COUNCIL NEEDS SOMETHING IN WRITING BY THE 28TH OF JUNE. COMMISSIONER LOY NOTED THAT FUNDS BECOME AVAILABLE TOWARDS THE END OF THE GRANT'S FISCAL YEAR AND IF PEOPLE IN THE FOUR COUNTY AREA HAVE NEEDS, THEY MUST MAKE THEIR APPLICATIONS IN A HURRY. COMMISSIONER LOY STATED JUN 2 11978 32 THAT THE TOTAL APPLICATION WOULD AMOUNT TO $18,550 WORTH OF EQUIPMENT, AND THE LOCAL MATCH IS $927. MRS. KHAIL HAS SAID THAT THE $927.00 IS LISTED IN THEIR NEXT BUDGET UNDER EQUIPMENT. COMMISSIONER Loy -FELT THAT WE HAVE FROM TIME TO TIME EXPEDITED SUCH APPLICATIONS. COMMISSIONER SCHMUCKER NOTED THAT THIS IS A CHEAP WAY TO REPLACE EQUIPMENT. MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, TO ADOPT RESOLUTION N0. 78-45 APPROVING'THE SHERIFF'S REQUESTED APPLICATION UNDER THE L.E.A.A. GRANT. CHAIRMAN WODTKE FELT IT SHOULD BE DISCUSSED WITH THE SHERIFF*WHETHER THIS NEW EQUIPMENT WILL COORDINATE WITH THE UNITS FOR THE HIGHWAY PATROL. THE CHAIRMAN CALLED FOR THE MOTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. W Boos 35 PAGE 144 RESOLUTION NO. 78-45 WHEREAS, the Board of County Commissioners of Indian River County, Florida, herein called the "Applicant", after thorough consideration of the problem and available data, has hereby determined that the pro- ject described below is in the best interests of the general public. The replacement of obsolete radio equipment. The Indian River County Sheriff's Department is presently operating with seventeen (17) two -channel mobile radios which were converted when the Sheriff's Department went to a repeater frequency. These radios are now becoming rapidly obsolete, and we experience excessive downtime with their use. We need to replace these radios with three -channel, Executive II, with tone channel guard in order to permit uninterrupted car -to - car transmission, and to decrease our downtime. We wish to purchase four (4) hand-held radios to equip an expanding staff of Investigators within our department. By acquiring this equipment, we will meet our requirements to comply with the State Division of Communications Master Plan for Florida Counties and Municipal Law Enforcement Agencies WHEREAS, under terms of Public Law 90-351, as amended, the United States of America has authorized the Law Enforcement Assistance Admin- istration, through the Florida Bureau of Criminal Justice Planning and Assistance, to make Federal Grants to assist local governments in the improvement of criminal justice; and WHEREAS, the Applicant has examined and duly considered such Act and the Applicant considers it to be in the public interest and to its benefit to file an application under said Act and to authorize other action in -connection therewith: BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, IN OPEN MEETING ASSEMBLED IN THE INDIAN RIVER COUNTY COURTHOUSE, VERO BEACH , FLORIDA THE 21st DAY OF June , 1978, AS FOLLOWS: 1. That the project generally described above is in the best interests of the Applicant and the general public. maK 35 pw� 145 2. That Jack G. Jennings, County Administrator, be hereby authorized to file in behalf of the Applicant an application in conformity with said act, for a Grant to be made to the Applicant to assist in defraying the cost of the project described above. 3. That if such grant be made, the Applicant shall provide or make necessary arrangements to provide such funds and/or in-kind contributions in addition to the grant as may be required by the Act to defray the cost of the project generally described above. 4. That the Applicant is aware that at least fifty (50) percent of the minimum required non-federal cost of the project be appropriated cash and.that such funds designated as local hard cash contributions in all re- lated project budget schedules that are to be provided by the Applicant are hereby appropriated new funds for Criminal Justice use for the express purpose of matching the LEAA funds. 5. That said Jack G. Jennings, County Administrator, is hereby authorized to furnish such information and take such other action as may be necessary to enable the Applicant to qualify for said grant. 6. That the Official designated in the preceding paragraph is here- by -designated as the authorized representative of the Applicant for the purpose of furnishing to the Florida Bureau of Criminal Justice Planning and Assistance such information, data and documents pertaining to the application for said grant as may be required and otherwise to act as the authorized representative of the Applicant in connection with this application. 7. That certified copies of this resolution be included as part of the application for said grant to be submitted to the Florida Bureau of Criminal Justice -Planning and Assistance. AN 211978 ,�oQ,Y 35 A.46, 1'15-A 8. That if such grant be made, the Applicant or Official designated in paragraph 5 above shall maintain such records necessary and furnish such information, data and documents as required by the Florida Bureau of Criminal Justice Planning and Assistance to support the implementation of the project generally described above. 9. That this resolution shall take effect immediately upon its adoption. DONE AND ORDERED in open meeting. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BYi. 1W, Chairman 1j/ Commissioner Loy offered the foregoing resolution and moved its adoption, which was seconded by Commissioner' S chmu c ker Upon roll call the vote was: Ayes: Commissioners Deeson,.Schmucker, Siebert, Lov and Chairman Wodtke Nays: None Absent and/or Not voting: None DATE: June 21, 1978 ATTEST: BY:—,��A44L JUN 2 11978 sooK 35 FAG -t 1� THE HOUR OF 11:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION -ATTACHED, TO—WIT; VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: MATE 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 that at Beachin Indian River County, Florida; that the attached copy of advertisement, being I ^ in the matter of / •� J� �� CE NOTICE IS HEREBYIGIVEN that the Board of County Commissioners of Indian River County, Florida, will hold a public hearing on JunIn- than anRiver eCourthouse Q County to consider the adoption of in the Court, was pub- A Fire Prevention Code prescribing regulations governing conditions hazardous to life ����11/� —� ! Cut_ a 11?'W1 and property from fire or explosion; providing for administration; providing for modification; providing for enforcement, rshed in said newspaper in the issues of appeals, penalties and an effective date. Board V of County Commissioners of Indian River County, Florida BY: William C. WodtkeJr.,Chairman May 21,1918. Affiant further says that the said Vero Beach Press -Journal is a newspaper published at 'ero Beach, in said Indian River County, and that the said newspaper has heretofore een continuously published in said Indian River County, Florida, weekly and has been entered second class mail matter at the post office in Vero Beach, in said Indian River County, Florida or 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 poration any discount, rebate, commission or refund for the purpose of securing this adver- nt for publication in the said newspaper. worn to and subscribed before me this day of -0C -( A.D. l9'� nom, Y/ • ' usiness Manager) (Clerk of the Circuit Court, Indian River County, Florida) EAL) CHAIRMAN WODTKE NOTED THAT -HIS ORDINANCE HAS BEEN DISCUSSED PREVIOUSLY AND HAS BEEN REDRAFTED, AND -COMMISSIONER SIEBERT EXPLAINED THAT BASICALLY THE CHANGES WERE TO PUT THE ENFORCEMENT IN THE HANDS OF THE ADMINISTRATOR AND GIVE HIM SOME DISCRETION. ATTORNEY COLLINS STATED THAT THIS ORDINANCE HAS BEEN REVIEWED BY THE VARIOUS FIRE FIGHTING AGENCIES IN THE COUNTY AND IS ACCEPTABLE TO ALL OF THEM, HE FELT IT HAS BEEN MODIFIED TO FIT THE COUNTY'S CHAIN OF COMMAND REQUIREMENTS, AND NOTED THAT ANY APPEALS WILL BE HANDLED BY THE SAME BOARD AS BUILDING CODE -APPEALS, 37 A ATTORNEY COLLINS FELT THIS ORDINANCE WILL HELP WITH THE HAZARDOUS STRUCTURES WE PRESENTLY HAVE IN THE COUNTY. THE CHAIRMAN ASKED IF ANYONE -PRESENT WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 78-14 ESTABLISHING A FIRE PREVENTION CODE, 38' JUN 21 1978 foa 35 m 148 ORDINANCM. 78-14 AN ORDINANCE ADOPTING A FIRE PREVENTION CODE PRESCRIBING REGULATIONS GOVERNING CONDITIONS HAZARDOUS'TO LIFE AND PROPERTY FROM FIRE OR EXPLOSION, PROVIDING, FOR ADMINIS- TRATION, PENALTIES AND AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: ARTICLE IX Section 4-110. ADOPTION OF FIRE PREVENTION CODE. There is hereby adopted by the County of Indian River, Florida, for the purpose of prescribing regulations governing conditions hazardous to life -and property from fire or explo- sion, that certain code known as the Fire Prevention Code recommended by the American Insurance Association, being particularly the 1976 Edition thereof; and the whole thereof, save and except, such portions as are hereinafter deleted, modified, or amended, of which Code not less than three (3) copies shall be filed in the Office of the Clerk of the Circuit Court and the same are hereby adopted as fully as it is set out at length herein; and the provisions thereof shall be con- trolling within the unincorporated limits of the County of Indian River. Section 4-111. ENFORCEMENT OF CODE. a)' The Fire Prevention Code shall be enforced by the County Administrator, who shall have authority to delegate his inspection and enforcement responsi- bilties to such Fire Departments within the County as is necessary to enforce this Ordinance. b) The County Administrator shall have control and supervision of all fire prevention activities within the unincorporated limits of the County of Indian River. c) Whenever any dangerous or hazardous.conditions or materials are found, the County Administrator, through his delegated enforcement official, shall order such dangerous conditions or materials to be removed or remedied in such a manner as may be specified by the County Administrator. Section 4-112. MODIFICATION. The County Administrator shall have the power.to modify any of the provisions of the Fire Prevention Code upon application, in writing, by the owner or leasee, or his duly authorized agent, when there are practical difficulties in the way of carrying out the strict letter of the Code, provided that the intent of the Code shall be observed, public safety secured, and sub- stantial justice done. The particulars of such modifications, when granted or allowed, and the decision of the County Administrator, or his delegated enforcement official, shall be entered upon records of the County and a signed copy shall be furnished the applicant. Section 4-113. APPEALS. Whenever it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the person affected, or his duly authorized agent, is permitted to appeal from the decision of the County Administrator to the County Board of JUN 2 11978 MOK 35 PA,,149 M M Adjustments and Appeals within thirty (30) days from the date of -the decision appealed. Said Board of Adjustments and.Appeals having been established by Section 111.1 of the Standard Building Code adopted by Indian River County Ordinance 77-10 Section 4-114. PENALTIES. Persons violating this Ordinance, or any provision of the Fire Prevention Code, unless said condition has been modified formally under Section 3, shall be prosecuted and shall be punished by a fine, not to exceed Five Hundred Dollars ($500.00), or by imprisonment in the County jail, not to exceed sixty (60) days, or by both such fine and imprisonment. Section 4-115. VALIDITY. Should any section, paragraph, sentence, or word of this Ordinance, or of the adopted Code, be declared, 'for any reason, to be invalid, all other portions of this Ordinance shall remain in full force and effect. Section 4-116. DATE OF EFFECT. This Ordinance shall take effect and be in force from and after its approval as required by Law. This Ordinance shall tape effect June 26, 1978. BOOK Cie ZJJ J JOHN VICEK, VICE PRESIDENT OF CHAPTER #1406 OF THE AMERICAN ASSOCIATION OF RETIRED PERSONS READ ALOUD A RESOLUTION FROM THE ASSOCIATION REQUESTING THAT THE COUNTY "HOLD THE LINE" AND NOT RAISE ITS MILLAGE RATE ANY HIGHER THAN THE PREVIOUS YEAR. CHAPTER AARP �NDUEYDENCE pDEposs DfGNfCY SAID RESOLUTION IS HEREBY MADE A PART OF THE MINUTES. VERO BEACH CHAPTER No. 1406 of the IMERICAN ASS C ATI N OF RETIRED PERSONS, Inc. RESOLUTION TO THE INDIAN RIVER COUNTY COMMISSION WHEREAS, the purchasing power of the elderly citizens of Indian River County, who live on fixed incomes, has de- teriorated alarmingly because of rampant inflation and WHEREAS', state and local taxes are non -discretionary ex- penditures by the elderly from their limited income, and WHEREAS, state and local taxation are an escalating element in the consumer price index, and WHEREAS, ad valorem taxes escalate both because of in- creased appraised values and because of increased millage, THEREFORE BE IT HEREBY RESOLVED THAT: Vero Beach Chapter #1406 of the American Association of Retired Persons Inc. on behalf of its members in the County, do most seriously petition the Indian River County Commission to hold its millage rate at a level no. higher than the level in the immediately preceding year. Vero Beach Chapter #1406 American As o is on of Retired Persons Inc. Vice President Dated at Vero Beach, F orida this 9th day of June 1978 JUN 211978 41. c35 ma,151 THE BOARD NEXT DISCUSSED ELECTING MEMBERS OF THE BOARD TO SERVE ON THE PROPERTY APPRAISAL ADJUSTMENT BOARD. IN DISCUSSION, IT WAS DETERMINED THAT IT IS NOT LEGALLY REQUIRED FOR THE CHAIRMAN TO SERVE ON THIS BOARD, COMMISSIONER SCHMUCKER ANNOUNCED THAT BECAUSE HE IS NOT GOING TO RUN FOR ANOTHER TERM ON THE BOARD OF COUNTY COMMISSIONERS HE WOULD VOLUNTEER TO SERVE, Loy. COMMISSIONER SIEBERT ALSO VOLUNTEERED,AS DID COMMISSIONER ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ELECTED COMMISSIONERS SCHMUCKER, SIEBERT, AND LOY TO SERVE ON THE PROPERTY APPRAISAL ADJUSTMENT BOARD FOR 19781 THE HOUR OF 11:15 O'CLOCK HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: VENO 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 , qztckto Q,_ In the matter of o 14;L In the yCo(u>rt, , was pub - fished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this , C ,. i o 't A. (Busingss Manager) (SEAL) (Clerk of the Circuit Court, Indian i r County, Florida) _ NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will hold a public hearing on June 21, 1978, at 11:15 o'clock A.M. at the In- dian River -County Courthouse to consider the adoption of An Ordinance promulgating the rates to be charged for the use of County Water and Sewer Services; outlining means of enforcing payment for such services; promulgating requirements for connections; setting up maintenance requirements; prohibiting free service; establishing rates; prohibiting unlawful construction; establishing sanitary requirements, disposal requirements; providing a billing system; requirement to maintain plumbing system; providing for Penalties; and providing an effective date. Board of County Commissioners of Indian River County, Florida By: William C. Wodtke Jr., Chairman . May 21, 1978. JUN 21119178 42 BooK 35 PA- 11` , V,%0 i CHAIRMAN WODTKE ANNOUNCED THAT IT WAS DECIDED PREVIOUSLY TO CONTINUE THIS HEARING UNTIL TONIGHT AT 7:30 O'CLOCK P.M.,AND HE THANKED THE PRESS FOR THEIR COOPERATION IN INFORMING THE PUBLIC OF THIS CHANGE. THE CHAIRMAN ASKED IF THERE WAS ANYONE PRESENT WHO COULD NOT BE PRESENT TONIGHT AND WISHED TO BE HEARD AT THIS TIME. THERE WERE NONE. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY RECESSED THE PUBLIC HEARING AND CONTINUED IT UNTIL 7:30 O'CLOCK P.M. CHAIRMAN WODTKE INFORMED THE BOARD THAT THE TOURIST DEVELOPMENT COUNCIL IS READY TO PRESENT THEIR PROPOSED BUDGET. J.B. NORTON, JR., CHAIRMAN OF THE BUDGET AND FINANCE COMMITTEE, OF THE TOURIST DEVELOPMENT COUNCIL, REVIEWED THE PROPOSED BUDGET AND EXPLAINED THAT IT IS PREPARED FOR ONE YEAR AND THE LAW REQUIRES THAT IT BE PREPARED FOR TWO SO IT IS NECESSARY TO DOUBLE ALL THE FIGURES PRESENTED. THE PROPOSED BUDGET IS AS FOLLOWS: 1 ,r BOOK 35 Pmu, 15 j J 4 BUDGET INDIAN RIVER COUNTY. TOURIST DEVELOPMENT COUNCIL 1978-79 Capital Improvement Funds Advertising - Promotion Vero Beach -Indian River County Chamber of Commerce Information Center - Beach and Mainland Sebastian -North County Information Center Convention Rental Riverside Theatre Administrative. Cost Reserve Fund TOTAL ONE YEAR BUDGET Canital Imnr6vement Fund For Indian River County City of Vero Beach City of Vero Beach, Civic Arts Center North County area TOTAL Breakdown Allocation Indian River County A.- To be used for development of Wab.asso beach park City of Vero Beach A- To be used for development of South beach park City of Vero Beach -Civic Arts Council A- To be used for the development of walkWAp along the riverfront of the Civic Arts Center property North County Area A- To be used for a non-specified project at this time TOTAL CAPITAL IMPROVEMENT FUND ALLOCATIONS $ 139,000.00 32,.000.00 20,000.00 9,000.00 6,000.00 5,000.00 5.000.00 $ 216-; 000 .00 $ 139,000.00 50,000.00 40,000.00 40,000.00 9,000.00 $ 139,000.00 64.35% 14.81% The above named projects were named by the Tourist Development Council as specified projects for which the Council has allocated funds. Should any of the above agencies set a higher priority than those listed, they may contact the Council and request- the "project be changed to fit their top priority. Any change in priority _must be approved by the Indian River County Tourist Development Council. 9.26% 4.17% 2.78% 2.31% 2.31% 100% Ba 35 fxz154 B- COLOR BROCHURES 150,000 - 2 year supply 109000 C- GENERAL MEDIA ADV. Billboards, Magazines, Newspapers, RDO, etc. 12,000 TOTAL 32,000 MEMO: The Tourist Development Council had directed that all media dollars and brochures are to be directed toward summer tourist development. Vero Beach -Indian River County Chamber of Commerce Information Center Beach and Mainland. Beech Tourist Information Center Rent - $150. per month Salary - Approximately $125 per week FICA (.0605) Utilities Office Equipment (one time expense) Telephone TOTAL BEACH INFORMATION CENTER Mainland Information Center Distribution Material & Postage Printed matter Additional office supplies for inquiries, etc: 1- Envelopes and Letterhead 2- Memo paper, copy supplies, telephone and others TOTAL MAINLAND INFORMATION CENTER TOTAL CHAMBER OF COMMERCE BEACH AND MAINLAND INFORMATION CENTERS JUN 211978 $ 1,800.00 6,500.00 422.50 1,200.00 1,000.00 500.00 $11,422.50 $•3,500.00 2,000.00 3,077.50 $ 8$77.50 $20,000.00 35 w5 INDIAN RIVER COUNTY TOURIST DEVELOPMENT COUNCIL ADVERTISING BUDGET - 1 YEAR TOTAL $ A- Participation in National and International exhibits and expositions - CANADIAN NAT'L EXPOSITION - TORONTO, .Aug/Sept '79 $3,000 INTERNATIONAL EXPOSITION - EUROPE, Feb/Mar '79 2,000 UNITED STATES TRAVEL SERVICE ANNUAL -POW -WOW July '79 29000 FLORIDA SHOWCASE - MAJOR U.S. CITIES 4 per. year 3.000 TOTAL"A" 10,000 B- COLOR BROCHURES 150,000 - 2 year supply 109000 C- GENERAL MEDIA ADV. Billboards, Magazines, Newspapers, RDO, etc. 12,000 TOTAL 32,000 MEMO: The Tourist Development Council had directed that all media dollars and brochures are to be directed toward summer tourist development. Vero Beach -Indian River County Chamber of Commerce Information Center Beach and Mainland. Beech Tourist Information Center Rent - $150. per month Salary - Approximately $125 per week FICA (.0605) Utilities Office Equipment (one time expense) Telephone TOTAL BEACH INFORMATION CENTER Mainland Information Center Distribution Material & Postage Printed matter Additional office supplies for inquiries, etc: 1- Envelopes and Letterhead 2- Memo paper, copy supplies, telephone and others TOTAL MAINLAND INFORMATION CENTER TOTAL CHAMBER OF COMMERCE BEACH AND MAINLAND INFORMATION CENTERS JUN 211978 $ 1,800.00 6,500.00 422.50 1,200.00 1,000.00 500.00 $11,422.50 $•3,500.00 2,000.00 3,077.50 $ 8$77.50 $20,000.00 35 w5 SEBASTIAN RIVER CHAMBER OF COMMERCE AND NORTH COUNTY INFORMATION CENTER Salary - 1 person at $115.00 per week FICA (.0605) Utilities - $60 per month Postage and Distribution material Telephone Reserve for other expenses TOTAL $5,980.00 361.79 720.00 338.21 600.00 1.000.00 $9,000.00 Brochures and printed matter to be furnished from material published by the Tourist Development Board. CONVENTION RENTAL RIVERSIDE THEATRE A- -Convention use $500.00 per month $6,000.00 ME MO A contract agreement will be worked out, which will stipulate the number of days the Theatre will be available for the amount approximated above. A fee will be negotiated for rental of the Theatre, over and above the indicated rental fee. COMMISSIONER SCHMUCKER ASKED IF THEY HAD DISCUSSED TRYING TO SET SOME MONEY ASIDE.FOR A REALLY BIG PROJECT OR WHETHER THEY WERE JUST INTENDING TO SPEND IT ALL EACH YEAR. MR. MORTON STATED THAT MANY VARIOUS PROJECTS HAVE BEEN DIS- CUSSED AND MENTIONED CIVIC CENTERS PLANNED IN VARIOUS OTHER COUNTIES. HE FELT THE LAW DOES NOT STIPULATE THAT THE MONEY HAS TO BE SPENT IN A GIVEN YEAR SO IT PROBABLY COULD BE SET ASIDE. COMMISSIONER SIEBERT ASKED IF THERE WOULD BE ANY OBJECTION TO CHANGING WABASSO BEACH PARK TO COUNTY -OWNED BEACH PARKS IN THE EVENT THAT WE SHOULD ACQUIRE THE TRACKING STATION PROPERTY. CHAIRMAN WODTKE NOTED THAT OUR REQUEST WAS FOR MONEY TO BE SPENT IN THIS PARTICULAR AREA AND HE DID NOT BELIEVE THE TOURIST DEVELOP- MENT COUNCIL WILL MAKE A BLANK DISTRIBUTION OF FUNDS TO EITHER THE CITY OR THE COUNTY AND LET THEM USE THE FUNDS HOWEVER THEY WISH TO. HE FELT IF WE WISHED TO CHANGE AND DO SOMETHING OTHER THAN WABASSO BEACH PARK, WE WOULD HAVE TO GO BACK TO THE COUNCIL AND REQUEST THEIR APPROVAL. 46 Boos 35 PAG€ 156 J 1 E7 COMMISSIONER LAY NOTED THAT WE ARE COMMITTED TO WABASSO BEACH PARK AND WANT TO DEVELOP IT INTO FIRST CLASS CONDITION. HOPEFULLY NEXT YEAR WE WILL*BE ABLE TO MOVE ON TO ANOTHER BEACH PARK. COMMISSIONER DEESON AGREED THAT WE HAVE ALREADY MADE A COMMITMENT IN REGARD TO WABASSO BEACH PARK AND HE WOULD HOPE WE WOULD NOT CHANGE OUR PRIORITIES IN THIS REGARD. MR. NORTON DISCUSSED THE BREAKDOWN OF THE BUDGET IN DETAIL. HE POINTED OUT THAT THE ADMINISTRATIVE COST IS MERELY A GUESS AT THIS POINT AND HE WOULD FEEL THAT IT IS A BIT HIGH, BUT THEY HAVE NO WAY OF KNOWING AT THIS TIME. COMMISSIONER LOY ASKED WHO HAS TO ADMINISTER THESE FUNDS, AND MR. NORTON STATED THAT THE COUNTY COULD EITHER HANDLE IT THEMSELVES OR CONTRACT TO HAVE IT DONE. ATTORNEY COLLINS-INFORMED THE BOARD THAT THIS BUDGET HAS TO BE APPROVED BY THE GOVERNING BOARD PRIOR TO THE ENACTMENT OF THE ORDINANCE, AND HE STATED HE WOULD LIKE TO SEE ONE MORE MEETING OF THE GROUP AND WRITE THEM A MEMO REGARDING A FEW CHANGES IN THE FORMAT. THIS BUDGET WILL THEN, IN EFFECT, BE INCORPORATED IN THE ORDINANCE SO WE SHOULD THINK IN TERMS OF GOING AHEAD AND AUTHORIZING THE ADVERTISEMENT OF THE ORDINANCE. CHAIRMAN WODTKE NOTED THAT THERE IS A TIME PROBLEM BECAUSE THIS ISSUE IS TO BE ON THE BALLOT EARLY IN SEPTEMBER. HE STATED THAT HE WAS IN HOPES THAT WE COULD SOMEHOW COME AWAY FROM THIS -MEETING TODAY WITH EITHER APPROVAL OF THE BUDGET OR RECOMMENDING CHANGES SO THAT THE COUNCIL CAN MOVE. AHEAD WITH THE PUBLIC RELATIONS WORK. ATTORNEY COLLINS STATED THAT HE DOES NOT SEE ANY PROBLEMS WITH THE DOLLAR AMOUNTS OR ALLOCATIONS; THAT IT IS STRICTLY A MATTER OF FORM, AND HE FELT THE BUDGET COULD BE APPROVED SUBJECT TO THE FORMAT BEING CHANGED, PSR. NORTON NOTED THAT THE PUBLIC IS VERY INTERESTED IN LEARNING WHAT THIS MONEY WOULD BE USED FOR. CHAIRMAN VIODTKE POINTED OUT THAT THE PUBLIC WILL HAVE A CHANCE TO MAKE THEM INPUT AT THE PUBLIC HEARING, BUT A POINT IS NOW JUN 211978 47 35 W13"c 157 I m NEEDED WHERE THE TOURIST COUNCIL CAN START TO GO OUT AND PRESENT THIS TO THE PUBLIC ON MOTION MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE ACTIONS TO DATE OF THE TOURIST DEVELOPMENT COUNCIL AND AUTHORIZED THE ATTORNEY TO PLACE THE ADVERTISEMENT FOR THE ORDINANCE AND TO WORK WITH THE COUNCIL IN PUTTING THE BUDGET IN PROPER FORM. THE BOARD THEREUPON RECESSED AT 12:00.NOON FOR LUNCH AND RECONVENED AT 1:30 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. THE BOARD THEN PROCEEDED TO DISCUSS THE PROPOSED REZONING OF PROPERTY ALONG S.R. 510 AND S.R. 512 IN THE VICINITY OF SEBASTIAN MIDDLE/JUNIOR HIGH SCHOOL AS REQUESTED TO BY DALE SORENSEN REPRESENTING GULF & WESTERN FOOD PRODUCTS CO. MR. SORENSEN STATED THAT HE BELIEVES THIS PARTICULAR PROPERTY IS RECOMMENDED TO BE REZONED FROM COMMERCIAL TO AGRICULTURAL BY THE ZONING BOARD, AND STATED HE WOULD LIKE TO HAVE THEIR PROPERTY REMOVED FROM THAT REZONING REQUEST AND LEFT AS IT IS. COMMISSIONER SCHMUCKER NOTED THAT THIS REZONING IS NOT BEFORE THE BOARD AND BEING CONSIDERED TODAY., ATTORNEY COLLINS THOUGHT THAT MR, SORENSEN HAD REQUESTED A PUBLIC HEARING BEFORE THE ZONING BOARD FOR A ZONING CHANGE, AND MR, SORENSEN STATED THAT WAS FOR A PIECE OF PROPERTY IN BACK OF THE PROPERTY HE IS NOW DISCUSSING. COMMISSIONER LOY ASKED IF THE PROPERTY IN QUESTION IS INVOLVED IN THE ON—GOING PROJECT OF THE ZONING COMMISSION TO DO AWAY WITH STRIP ZONING ALONG MAIN HIGHWAYS, AND MR. BERG STATED THAT IT IS; THAT THIS IS BEING CHANGED'TO CONFORM TO THE MASTER PLAN; AND THE PROCESS HAS BEEN GOING ON FOR ALMOST A YEAR. ATTORNEY COLLINS ASKED MR. SORENSEN IF HE BASICALLY IS ASKING THE BOARD TO TELL THE ZONING COMMISSION TO "CALL OFF THE DOGS. It MR. SORENSEN STATED THAT BASICALLY THEY WANT TO KEEP THIS PARTICULAR PIECE ZONED THE WAY IT IS. HE NOTED THAT THEY UNDERSTAND SOME ZONING DIRECTLY ACROSS THE HIGHWAY FROM THEM'WAS LEFT COMMERCIAL. n 48 Boos 35 muu_ 158 pi a ATTORNEY COLLINS EXPLAINED THAT THE ZONING COMMISSION ON ITS OWN MOTION HAS THE RIGHT TO HOLD HEARINGS AND TO RECOMMEND REZONING TO THE BOARD, AND HE DOES NOT FEEL THE BOARD CAN ACT ON THIS MATTER UNTIL IT IS PROPERLY BEFORE THEM FOR CONSIDERATION. MR. BERG STATED THAT THE AREA MR. SORENSEN IS TALKING ABOUT IS NOT A MASTER PLAN CHANGE, BUT IS PART OF THE REZONING PROCESS. THE ZONING COMMISSION HAS ALREADY HAD A HEARING AND MADE A RECOMMENDATION AND IT WILL COME BEFORE THE BOARD AS SOON AS THEY GET THE NOTIFICATIONS WORKED OUT. COMMISSIONER SIEBERT ASKED HOW WE COULD WITHDRAW A PIECE OF PROPERTY FROM A REZONING BEFORE A PUBLIC HEARING, AND ATTORNEY COLLINS FELT THIS COULD NOT BE DONE BEFORE THE HEARING IS PROPERLY ADVERTISED. MR. SORENSEN THEN ASKED WHEN THE PUBLIC HEARING WOULD BE. HE DID NOT UNDERSTAND WHY THERE SHOULD BE ANY PROBLEM WITH NOTIFICATION WHEN THE ZONING COMMISSION HAD ALREADY HELD ONE HEARING. MR. BERG POINTED OUT THAT THAT HEARING WAS ADVERTISED BY A MAP'OF THE AREA AND THEY DID NOT SEND OUT INDIVIDUAL NOTICES. CHAIRMAN WODTKE ASKED MR. BERG IF HE WAS SAYING THAT THERE IS TO BE A HEARING INSTIGATED BY THE ZONING DEPARTMENT TO BRING LAND ALONG S.R. 512 INTO CONFORMANCE WITH THE MASTER PLAN AND THAT HEARING WILL ADDRESS ITSELF NOT ONLY TO THE GULF & WESTERN PROPERTY BUT ALL THE PROPERTY ALONG THAT ROAD, WHICH NOW IS ZONED C-1. MR. BERG AGREED. COMMISSIONER LOY NOTED THAT EXCEPT FOR BAD PUBLIC RELATIONS, THERE IS NO REASON THAT GULF & WESTERN COULDN'T GO OUT NOW AND DO WHAT THEY WANTED TO DO WITH THEIR PROPERTY. SHE POINTED OUT THAT THE PUBLIC HEARING HELD BY THE ZONING COMMISSION WAS IN SEPTEMBER OF 1977. SHE ASKED IF IT IS RECOMMENDED THAT COMMERCIAL ZONING BE LEFT ON THE SOUTH SIDE OF THE HIGHWAY, BUT ON THE NORTH SIDE THAT IT BE REZONED AGRICULTURAL. MR. BERG STATED THAT MR. ANSIN WHO OWNS PROPERTY ON THE SOUTH SIDE MET WITH THE ZONING COMMISSION AND REQUESTED THAT HIS PROPERTY BE LEFT COMMERCIAL AND THAT IT BE REFLECTED ON THE MASTER PLAN. 49 sooK 35 PA; -,r 153 II e MR. SORENSEN INFORMED THE BOARD THAT THEY HAD RECEIVED A NOTICE OF THE PUBLIC HEARING HELD BY THE ZONING COMMISSION, BUT NO ONE ATTENDED AND THAT WAS THEIR MISTAKE. THEY DIDN'T REALIZE WHAT WAS GOING ON. HE NOTED THAT THE GULF & WESTERN PROPERTY TOUCHES THE SCHOOL PROPERTY, AND THEY WOULD LIKE PART, IF NOT ALL THE PROPERTY LEFT COMMERCIAL. COMMISSIONER SIEBERT FELT WE NEED TO EXPEDITE A PUBLIC HEARING. HE POINTED OUT THAT AT THIS TIME GULF & WESTERN COULD GO AHEAD AND DO WHATEVER THEY WANTED TO D0, ESPECIALLY AS IT IS NOT THEIR FAULT THAT THE REZONING PROCESS HAS TAKEN SO LONG.- - ATTORNEY COLLINS AGREED THAT THE COUNTY WOULD HAVE GREAT DIFFICULTY REZONING ANY PROPERTY ON WHICH A FINANCIAL COMMITMENT ALREADY HAS BEEN MADE. CHAIRMAN WODTKE STATED THAT WE CAN TRY TO EXPEDITE THE HEARING, BUT WE CANNOT REMOVE THE PROPERTY FROM THE HEARING AND WILL HAVE TO MAKE OUR DECISION ON THE ENTIRE REZONING AS PRESENTED. HE NOTED THAT THE BOARD DOES HAVE THE AUTHORITY TO MAKE DECISIONS. ATTORNEY COLLINS NOTED THE SUBSTANCE IS THAT AT PRESENT GULF & WESTERN HAS A PIECE OF COMMERCIAL PROPERTY, AND THE BOARD ACTUALLY CANNOT INDICATE TO THEM NOW HOW THEY WILL ACT AT A FUTURE REZONING HEARING. 50 sooK 35 PAu-i:15ij J THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indrlr�. an River County, Florida; that the attached copy of advertisement, being 2 Z / in the matter of / in the . Court, was pub- lished in said newspaper in the issues of _, / l/ 2/q / 7O Affiant further says that the said Vero Beach Press-Journaf 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 _ / y of � A.D.LX' // us' ws Manager) (Clerk of the Circuit Court, Indian Ri (SEAL) er County, Florida) NOTICE NOTICE IS HEREBY GIVEN that the Planning & Zoning Commission of Indian River County, Florida, has tentatively ap- proved the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated In Indian River County, Florida, to -wit: The N 1/2 of the S 1/2 of Section 16, Township 32 South Range 39 East, and The NW 1/4 of the SW 1/4 and that part of the SW 1/4 of the SW 1/4 lying Worth of the North Relief Canal, in Section 15, Township 32 South, Range 39 East, Indian River County, Florida. . Subject to taxes subsequent to 1971 and subject to all easements, restrictions and reservations of record. Be changed from R-1 • Residential to A- Agricuiturai District. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Planning and Zoning Commission in the County Commission 'Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, April 27, 1978, at 7:30 P.M., after which said public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard will be held by the Board of County Commissioners of Indian River County, Florida, in the County Com- mission Room, Indian River County Cour- thouse, Vero Beach, Florida, on Wednesday, June 21,1978, at 2:00 o'clock P.M. Board of County Commissioners Indian River County By: William C. Wodtke Jr., Chairman Indian River County Flanning & Zoning Commission By: Dick Bird, Chairman Apr. 9,12,1978. THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO HLR SCIENCES, INC. BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.661 51 0 Bou 35 PAU, F; J.f ACK G. JENNINGS. Administrator BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTICE, JR., Chairman HLR Sciences, Inc. 340 Kingsland Street Butley', New Jersey 07110 Gentlemen: ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT, JR. EDWIN S. SCHMUCKER R. DON DEESON 2145 14th Avenue April 7, 1978 Vero Beach, Florida 32960 .In compliance with Florida Statute 125.66 the following is a Notice of Public Hearing for rezoning, as requested by you. NOTICE The Zoning Map will be changed in order that the following described.property situated in Indian River County, Florida to wit: The N. 1/2 of theS 1/2. of Section 16, Toxmshi.p 32 So., Range 39 East; and The N11 1/4 * of the Stil 1/4 and that part of the S1' 1/4 of the SW 1/4 lying North of the North Relief Canal, in Section 15, Township 32 South, Range 39 East, Indian .River County, Florida Subject to'taxes subsequent to 1971 and subject to all. easements, restrictions and reservations of record. Be chap&ed from R-1 Single Family District to A -Agricultural District. A public hearing in relation thereto will be held by the Board of .County Con-aissi.oners of Indian River County, Florida in the County Commission Room in the County Courthouse, Vero Beach,Florida on Vednesday, June 21, 1975 at 2:00 o'clock P.M. Sincerely, Freda N-Iright Clerk ASSISTANT COUNTY PLANNER BERG STATED THAT THIS PROPERTY I.S LOCATED IMMEDIATELY SOUTH OF STORM GROVE ROAD, NORTH OF THE NORTH RELIEF CANAL, AND EAST OF KINGS HIGHWAY. THE AREA TO THE NORTH OF THIS PROPERTY IS KNOWN AS INDIAN RIVER TRAILS, WHERE A GOLF rk jwi 211978 52 35 PAGE 1� BOOK COURSE IS BEING PLANNED. MR. BERG FELT THE REASON THE MASTER PLAN REFLECTS MEDIUM DENSITY FOR THIS AREA IS BECAUSE OF INDIAN RIVER TRAILS, AND THE NORTH RELIEF CANAL PROVIDED A GOOD BOUNDARY FOR THIS DENSITY. HE NOTED THAT THERE ACTUALLY HAS BEEN AN AGRICULTURAL RESEARCH STATION IN EXISTENCE ON THE SUBJECT PROPERTY SINCE 1968, AND THE REZONING REQUEST CAME ABOUT WHEN HLR SCIENCES WISHED TO BUILD A SMALL ADDITONAL BUILDING AND DISCOVERED THEY WERE NOW NONCONFORMING AND WOULD HAVE TO GET A VARIANCE IN ORDER TO BUILD. HE CONTINUED THAT THE VARIANCE BOARD SENT THEM TO THE ZONING BOARD, AND THE ZONING BOARD NOW HAS RECOMMENDED THE REQUESTED REZONING TO AGRICULTURAL WITH A RECOMMENDATION THAT THE MASTER PLAN REFLECT THIS CHANGE. MR. BERG FELT THIS WOULD BE A PROPER CHANGE AND IN KEEPING WITH THE AREA AND THAT THE RECORD SHOULD SHOW THAT IT WAS RECOMMENDED THAT THE MASTER PLAN REFLECT THIS CHANGE. DARRELL WOOFTER, AGENT FOR HLR SCIENCES, INC., STATED THAT THE PROPERTY CONSISTS OF APPROXIMATELY 200 ACRES AND WAS PURCHASED ABOUT TEN YEARS AGO TO BE USED AS AN AGRICULTURAL RESEARCH STATION. HE STATED THEY HAVE BUILT TWO GREENHOUSES AND ANOTHER METAL STORAGE BUILDING AND DID NOT REALIZE THEY WERE A NON -CONFORMING USE UNTIL THEY APPLIED FOR A BUILDING PERMIT FOR THE LAST METAL BUILDING. MR. WOOFTER NOTED THAT THIS HAS ALWAYS BEEN USED AS AN AGRICULTURAL RESEARCH STATION, AND IT IS THEIR INTENTION TO CONTINUE THE SAME USAGE. CHAIRMAN WODTKE ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, TO ADOPT ORDINANCE 78-15 GRANTING THE REZONING TO AGRICULTURAL REQUESTED BY HLR SCIENCES. COMMISSIONER SIEBERT ASKED IF THIS WILL BE BROUGHT BACK TO US AT SOME FUTURE DATE TO INCORPORATE IN THE MASTER PLAN, AND MR, BERG STATED THAT HE WILL MAKE A NOTE OF THIS CHANGE FOR WHEN 53 BOOK 35 PAGE .153 I IT IS BROUGHT BACK. HE FELT IT IS NOT MANDATORY THE PLAN BE CHANGED EXCEPT TO GIVE AN INDICATION OF USE AS THE DENSITY REFLECTED WOULD BE THE SAME IN BOTH ZONES. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. .54 JUN 2 11978 Boox 35 PA -,18 ORDINANCE NO. 78-15 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zonipg Map, be amended as follows: 1. That the Zoning Map be changed in order that the . following described property situated in Indian River County, Florida, to -wit: The North J of the South a of Section 16, Township 32 South Range 39 East, and The NW 4 of the SW4 and that part of the SW 4 of the SW 4 lying North of the North Relief Canal, in Section 15, Township 32 South, Range 39 East, Indian River County, Florida. Subject to taxes subsequent to 1971 and subject to all easements, restrictions and reservations of record. Be changed from R-1 Residential to A -Agricultural District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect .Tune 26, 1978. Booz 35 PAGE 165 THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida AUNTY OF INDIAN RIVER: FATE 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 d Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being Win the matter of z. t 1-,,1--7 In the �ished in said newspaper in the issues of , �� 1 1, /97iI y � � Court, was pub- Affiant further says that the said Vera Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tiserr<ent; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. %t 7 Jp Sworn to. f / . and subscribed before me this ��-� any o�y�'J A.D. �o (Bus ss Manager) �h xt (Clerk of the Circuit Court, Indian Ri (SEAL) Counry, Florida) THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO MR. AND MRS. STEPHEN E. SOCKBESON BY THE CLERK OF CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.66. 56 NOTICE NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of Indian River County, Florida, has tentatively ap- proved the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated In Indian River County, Florida, to -wit: All that land in, Government Lot 2 of Section 25, Township 30 South, Range 38 East, Indian River County, Florida, more particularly described as follows: From the Southeast corner of Government . Lot 1 of said Section 25, run North along the East Boundary of said Government Lot 1, a distance of 617.80 feet to the Northwesterly boundary of Old Roseland Road, also known as Bay Street; I. thence, run 1610.30 feet, North 35 degrees 10100" East, as recorded in parcel 1 of Official Record Book 218, Page 929, Clerk of the Circuit Court, Indian River County, Floroda, on the Northwesterly right-of-way of Old Roseland Road to an intersection with the Easterly right-of-way of Old U.S. Highway No. 1, also known as Indian River Drive; 2. thence, 68.46' South 35 degrees 10100" West' - to an intersection with the Westerly right-of- way on Old U.S. Highway No. 1 and the Nor- therly right-of-way of Old Roseland Road, being the True Point of Beginning; 3. thence, run North 35 degrees 10'00" East 69.76 feet to Northeasterly right-of-way of Old U.S. Highway No. 1; 4, thence, run Southeasterly on said Easterly right-of-way 22.01 feet; S. thence, run North 35 degrees 10100" East to waterline of Indian River; 6. thence, follow meandering waterline Northwesterly to a point of intersection with extended Northwesterly line, that line being 401.80 feet Northwesterly from Point of Beginning running on westerly right-of-way of Old U.S. Highway No. I to a point on the arc of 1222 foot radius curve, concave Southwesterly thru a central angle of 18 degrees 50'22", the chord to said arc measures 400 feet and bearing N 48 degrees 11126" W; 7. thence run South 35 degrees 10100" West along said Northwesterly line to West right-of- way of Old Highway No. 1; 8. thence continue to run 220 feet south 3S degrees 10'00" West; 9. thence run 400 fe.t South 48 degrees 11126" East; 10. thence run 220 feet North 35 degrees 10'00" East on the said Northwesterly right-ol-way to the True Point of beginning. 11. less highway right-of-way of Old U.S. Highway No. 1. Be changed from C-1 Commercial to R-lA residential. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Planning and Zoning Commission in the County Commission Room, Indian River County Courthouse, Vera Beach, Florida, Thursday, April 27th, 1978, at 7:30 p.m., after which said public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard will be held by the Board of County Commissioners of Indian River County, Florida, in the County Com- mission Room, Indian River County Cour- thouse, Vero Beach, Florida, on Wednesday, June 21, 1978, at 2:00 o'clock p.m. Board of County Commissioners Indian River County By: William C. WodtkeJr., Chairman Indian River County Planning & Zoning Commission By: Dick Bird, Chairman Apr. 9, 12,1978. n LW ►OOK FA.F E BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT, JR. EDWIN S. SCHMUCKER R. DON DEESON JACK G. JENNINGS, Administrator 2145 14th Avenue April 7. 19.78 Mr. and Mrs. Stephen Edward Sockbes'on P.O. Box 502, Sebastian, Florida 32958 Dear Mr. and Mrs. Sockebeson; Vero Beach, Florida 32960 In compliance with Florida Statute 125. 66 . the following is a Notice of Public Hearing for rezoning, as requested by you. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida to -wit: All that land in Government Lot 2 of Section 25, Toxmship 30 South, Rang6 38 East, Indian.River County,Florida, more particularly described as.follows: From the Southeast corner of Government Lot 1 of said Section 25, run North along the East boundary of said Government Lot 1, a distance of 617.80 feet to the *Northwesterly Northwesterly boundary of Old Roseland Road, also known as Bay Street; thence, run 1610.30feet, .No. 350 101001t E. as recorded in parcel 1 of Offical Record Book 218, Page 929, Clerk of Circuit Court, Indian River County, Florida, on the North- westerly right-of-way of Old Roseland Road to an intersection with the Easterly right-of-way of Old U.S. Highway No. 1, also known as Indian River Drive; thence, return 68.46' S..350 10'00t' W. to an intersection with the Westerly right-of-way on Old U.S. Highway 1110.1 and with the Northerly right-bf-way of Old Roseland Road, being the True Point of Beginning; thence, run N.350 10'00't E. 69.76 feet to Northeasterly right-of-way of Old U.S. Highway No. 1; thence, run Southeasterly on said Easterly right-of-way 22.01 feet; JUR 2 11978 Bou 35 Pmu'F 16 7 C Mr. and Mrs. Sockbeson Wage 2 f i April 7, 1978 thence., run .N.35° 10'00" E. to water line of Indian River; thence, follow meandering waterline Northwesterly to a point of intersection with extended Northwesterly line, that line being 401.80 feet Northwesterly from p.o.b. running on westerly right-•ofway of Old U.S. Highway No. 1 to a point on the arc of 1222 foot radius curve, concave Southwesterly thru a central angle of 18° 50'22" the chord to said arc measures 400 feet and bearing No. 486 11' 26".W; thence, run S. 35° 10'00" W. along said Northwesterly line to W. right-of-way of Old highway No. 1; thence, continue to run 220 feet S. 350 10'00" W.; thence run 400 feet S. 480 11126" E..; thence run 220 feet No. 35° 10'00" E. on the said North- westerly right-of-way to the True Point of Beginning; Less highway right-of-way of Old U.S. Highway No. 1. Be changed from C-1 Commercial District to R-lA Single Family District A public hearing in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida in the County Commission Room in the County Courthouse, Vero Beach, Florida on Wednesday, June 21, 1978 at 2:00 o'clock P.M. Sincerely, of Freda.Wright, Clerk of Courts JUN 211978 1 Bm . 35. PAAu= I m ME ASSISTANT PLANNER BERG INFORMED THE BOARD THAT THIS PROPERTY IS AT THE NORTH END OF THE COUNTY ON OLD.U.S. N0. 1 ALONG THE INDIAN RIVER. THE REZONING WAS REQUESTED TO ALLOW THE OWNERS TO BUILD THREE HOUSES. MR. BERG NOTED THAT THIS WOULD BE IN KEEPING WITH PROPERTY TO THE SOUTH WHICH WAS JUST RECENTLY REZONED AND SUBDIVIDED, AND ALSO IN KEEPING WITH THE CASTER PLAN WHICH REFLECTS LOW DENSITY. HE STATED THE PLANNING DEPARTMENT HAS NO OBJECTION AND WOULD RECOMMEND APPROVAL. MR. BERG NOTED THAT THE PROPERTY WOULD HAVE TO BE SUBDIVIDED, AND THOUGH THEY HAVE NOT YET SEEN A PLAT OF A TENTATIVE SUBDIVISION, THIS WOULD STILL HAVE TO COME BEFORE THE SUBDIVISION REVIEW COMMITTEE AND THEN BACK TO THE BOARD FOR TENTATIVE APPROVAL. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 78-16 APPROVING THE REZONING TO R-lA REQUESTED BY MR. AND MRS. SOCKBESON. 019 JUN 2119` 8 800K 35 PAc-r 169 Ira ORDINANCE NO. 78-16 .WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended . as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River • County, Florida, to -wit: All that land in Government Lot 2 of Section 25, Township 30 South, Range 38 East, Indian River County, Florida, more particularly described as follows: From the Southeast corner of Government Lot 1 of said Section 25, run North along the East Boundary of said Government Lot 1, a distance of 617.80 feet to the Northwesterly boundary of Old Roseland Road, also known as Bay Street; 1. thence, run 1610.30 feet, North 350 10'00" East, as recorded in parcel 1 of Official Record Book 218, Page 929, Clerk of the Circuit Court, Indian River County, Florida, on the Northwesterly right-of-way of Old Roseland Road to an intersection with the East- erly right-of-way of Old U. S. Highway No. 1, also known as Indian River Drive; 2. thence, return 68.461 South 350 10?00" West to an intersection with the Westerly right-of-way on Old U. S. No. 1 and the Northerly right-of-way of Old Roseland Road, being the True Point of Beginning; 3. thence, run North 350.10'00" East 69.76 feet to Northeasterly right -of -way -of Old U. S. Highway No. 1; 4. thence, run Southeasterly on said Easterly right-of- way 22.01 feet; 5. thence, run North 350 10'00" East to water line of Indian River; 6. thence, follow meandering waterline Northwesterly to a point of intersection with extended Northwesterly line, that line being 401.80 feet Northwesterly from Point of Beginning running on westerly right-of-way of Old U. S. Highway No. 1 to a point On the are of 1222 foot radius curve, concave Southwesterly thru a central angle of 180 50'22", the chord to said arc measures 400 feet and bearing N 480 1112611 W; I -I- 800K 35 Fnr x.70 ..4 7. thence, run South 350 10'0011 West along said Northwesterly line to West right-of-way of Old Highway No. 1; 8. thence, continue to run 220 feet south 350 201001, West; 9. thence, run 400 feet South 480 11126" East; 10. thence, run 220 feet North 350 10'00" East on the said Northwesterly right-of-way to the True Point of beginning. 11. less highway right-of-way of Old U. S. Highway No. 1. Be changed from C-1 Commercial to R-1A Residential District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect June 26, 1978. BOOK 35 PAu F 171 0 THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH'PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida :OUNTY OF INDIAN RIVER: KATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath �arrs that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published a Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being k ZXI,�_e, 1,n the matter of In the Court, was pub- lished In said newspaper in the issues of 1 Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tiserr.ent; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. G7/ Sworn to and subscribed before me this day of I A.D. LG:J1— (SEAL) a (Clerk of the Circuit Court, Indian Aijer County, Florida) NOTICE NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of Indian River County, Florida, has tentatively ap- proved the fallowing changes and additions to the Zoning, Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: Tracts 1429-A, 1430A and 1464; Also the following land: Tracts 1462 and 1463, except a lot beginning at the SE corner of said Tract 1462, run North 204 feet, thence West 83 feet, thence South 204 feet, and thence East 83 feet to point of beginning in Township 31 South, Range 37 East, according to the Plat of Feilsmere Farms Company's Subdivision of Said Township 31 South, Range 37 East, as recorded in Plat Book 2, pages 1 and 2, of the. public Records of St. Lucie County, Florida; containing 32 acres, more or less; Subject to easements, restrictions, con- ditions and reservations of Public Record. Be changed from Commercial to A- Agriicultural District. A public hearing in relation thereto at which parties in Interest and citizens shall have an opportunity to be heard, will be held by said Zoning Commission in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, April 27, 1978, at 7:30 p.m., after which said public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard will be held by the Board of County Commissioners of Indian River County, Florida, in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Wednesday, June 21, 1978, at 2:00 o'clock p.m. Board of County Commissioners Indian River County By: William C. Wodtke Jr., Chairman Indian River County Planning and Zoning Commission By: Dick Bird, Chairman Apr. 9,12,1978. THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO MR, AND MRs. C. B. GRAY BY THE CLERK OF CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125,66, Z BOOK 35 PAGc 17 *24 BOARD OF: COUNTY COMMIS: IONERS lit`,r :'fir (0 1 WILLIAM C. WODTKE, JR.. Chairman ';, ; _.„p �•��� ALMA LE E LOY, Vice Chairman ... `' WILLAfiD W. SIE[3Efi7, JR. EDWIN S. SCHMUCKE11 A. DON DEESON G. JENNINGS. Admini ,trator 2145 14th Avenue Vero Bunch, noricia :12960 April 7, 1975 s Pir. and Mrs. C.B. Gray Rt. 1, Box 416 Sebastian, Florida 32955 Dear Mr. and Mrs. Gray: In compliance with Florida Statute 125.66,the following is a Notice of Public Hearing for rezoning, as requested by you. NOTICE The Zoning 11ap will be changed in order that the following described property situated in Indian River County, Florida to wit: Tracts 1429A, 1430A, and 1464; also the following land. Tracts 1462 and 1463, except a lot beginning at the SE corner of said tract 1462, run North 204 feet, thence West 53 feet, thence South 204 feet; and thence East 83 feet to p.o.b. ; in Tou-nship 31 South, Flange 37 East, • according to the plat: of Fellsmere Farms Company's Subdivision of said Township 31 South, Range 37 Ea.sL, as recorded in Plat Book 2, pares I. and 2 of tll` Public Records of St. Lucie County, Florida; containing 32 acres more or less. Subject to easements restrictions, .conditions and.re-- servat'ious of public record. Be changed from C-•1 Comm.orcial District to A- Agricultural Distriec. A public: hearing in relation thereto will be I)ol1 by t:lle Board Of Collllty Col'.1111is".zi mors of Indi;in Iliver Co,,in;-v, Florida in the Coulivy Com.;;liSsion Roo1:1 In the County CUe11'f:11k)1,f:.01 Vero Bonoll Florida on Wednesday, June 21., 19753 ,at 2 c 00 o'clock P.M. Sincerely, Freda till: igllt Clerk of: Court c is JUN 211979 BARK 35 FAGF.113 ASSISTANT PLANNER BERG INFORMED THE BOARD THAT THE SUBJECT PROPERTY IS IMMEDIATELY WEST OF THE CITY LIMITS OF FELLSMERE. HE NOTED THAT DAVID MARSH IS PRESENTLY WORKING ON A WORK DRAFT OF FELLMERE'S COMPREHENSIVE PLAN, AND HIS RECOMMENDATIONS ARE TOWARD A RESIDENTIAL USE OF THE LAND. MR. BERG STATED THAT HE FEELS THIS WOULD BE A PROPER CHANGE AS THEY DO NOT FEEL THERE SHOULD BE ANY COMMERCIAL IN -THIS AREA BECAUSE THERE IS AMPLE COMMERCIAL IN THE CITY OF FELLSMERE AND THE MASTER PLAN DOES NOT REFLECT IT. HE CONTINUED THAT NONE OF THE PROPERTY ZONED COMMERCIAL IS BEING USED AT THE PRESENT TIME FOR COMMERCIAL, AND THEY FEEL THAT AT SOMETIME IN THE FUTURE THE REST OF THIS AREA SHOULD BE CONSIDERED FOR REZONING. MR. BERG NOTED THAT AT ONE TIME COMMERCIAL DID ALLOW TRAILERS AND HE BELIEVES THIS MAY BE WHY THE PROPERTY IS ZONED COMMERCIAL. MR. BERG STATED THAT THIS IS IN KEEPING WITH THE COMPREHENSIVE PLAN, HE SEES NO CONFLICT WITH THE PROPOSED PLAN FOR FELLSMERE, AND WOULD RECOMMEND APPROVAL OF THE REQUESTED REZONING TO AGRICULTURAL. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE. IT WAS NOTED THAT THE APPLICANT ACTUALLY REQUESTED THAT ONLY A PORTION OF THE ADVERTISED PROPERTY BE REZONED, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 75-17 APPROVING THE REZONING TO AGRICULTURAL REQUESTED BY MR. AND MRS. C.B. GRAY, JUH 2 11978 64 BOOK 35 PacF 17 ORDINANCE NO. 78-17 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida,. to -wit: Fellsmere Farms Company's Subdivision Tract 1462, less .33 acres in the southeast corner as in Deed Book 17, Page 230, and the North 153 feet and East 70 feet of the East 1/2 of Tract 1463; And Fellsmere Farms Company's Subdivision, the East 1/2 of Tract 1430 A. Subject to easements, restrictions, conditions and reservations of Public Record. Be changed from C-1 Commercial District to A -Agricultural District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect June 26, 1978. JUN 2 119 7BOOK 35 PA6i 175 THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vera 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 VeroBeachin Indian River County, Florida; that the attached copy of advertisement, being in the matter of In the Court, was pub - lashed in said newspaper in the issues of��%l��% Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Nero 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. 111 ry Sworn to and subscribed before me this 4� day of A.D. IY74 (SEAL) l^�b Bu iftCss Mana er) (Clerk of the Circuit Court, Indian �Jier County, Florida) THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO MR. FRANK L. ZORC BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.66. NOTICE NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of Indian River County, Florida, has tentatively ap- proved the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated In Indian River County, Florida, to -wit; The West one acre of the East 3.5 acres of the South 5 acres of the East 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 12, Township 33 South, Range 39 East, Indian River County, Florida. The West 1.5 acres of the South 5 acres of the East 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 12, Township 33 South, Range 39 East LESS AND EXCEPT those lands in Of - ,ficial Record Book 188, page 612, Official Record Book 256, page 121 and Official Record Book 425, page 796, Public Records of Indian River County, Florida. The East 21/2 acres of the South 5 acres of the East 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 12, Township 33 South, Range 39 East; LESS AND EXCEPT that part thereof described in Official Record Book 108, Page 220, Indian River County, Florida. SU BJ ECT TO Road right-of-way as recorded In Official Record Book 51, page 264, Public Records of Indian River County, Florida. Said land lying and being in Indian River County, Florida. From the SE corner of the west 11/2 acres of the south 5 acres of the east 1/2 of the SW 1/4 of the NE 1/4 of Section 12, Township 33 South, Range 39 East, thence run west along the south line of said west 11/2 acres a distance of 87 feet to the point of beginning, thence run north parallel to the east line of said west 11/2 acres of the south 5 acres a distance of 180 feet; thence run west parallel to the south line of said west 11/2 acres, a distance of 112.36 feet to the west line of said west 11/2 acres, thence run south along the west line thereof a distance of 180 feet to the southwest corner of said west 11/2 acres, thence run east along the south line thereof a distance of 112.77 feet to the point of beginning. Subject to easements, restrictions, reser- vations, and rights-of-way of record and taxes accruing subsequent to December 31,1977. Be changed from R-2 Residential to C-1 Commercial. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Planning and Zoning Commission in the Courity Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, April 27, 1978, at 7:30 p.m., after which said public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard will be held by the Board of County Commissioners of Indian River County, Florida, in the County Com- mission Room, Indian River County Cour- thouse, Vero Beach, Florida, on Wednesday, June 21, 1978, at 2:00 o'clock p.m. Board of County Commissioners Indian River County By: William C. WodtkeJr., Chairman Indian River County Planning & Zoning Commission By: Dick Bird, Chairman Apr. 9,12,1978. BOOK 35 FAGr- 176 J 0 ACK G. JENNINGS, Administrator 7— BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT, JR. EDWIN S. SCHMUCKER . R. DON DEESON 2145 14th Avenue Vero Beach, Florida 32900 April 7, 1978 Mr. Frank L. Zorc 1400 16th Street 'Aero Beach, Florida 32960 Dear Mr..Zo'rc: In -compliance with Florida Statute 12.5.66 the following is a Notice of Public Hearing for rezoning, as requested by you. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida to wit: The West one acre of the East 3.5 acres of the South 5 acres of the East 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 12, Township 33 South, Range 39 East, Indian River County, Florida; and The [Jest 1.5 acres of the South 5 acres of the East 1/2 of the Southeast 1/4 of the Northeast: 1/4 of Section 12, Township 33 South, Range. 39 East, LESS AND EXCEPT those lands in Official • Record Book 188, Page 612, Official Record Book 256, Page 121 and Official Record Book 425, Page 796, Public Records of Indian River County, Florida; and The East 2 1/2 acres of the South 5 acres of the East 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 12, Township 33 South, Range 39 East; LESS AND EXCEPT that part thereof des- cribed in Official Record Book 108, Page 22.0, Indian River County, Florida. SUBJECT TO Road right-of-way as recorded in Official Record Rook 51, Page 264, Public Records of Indian River County, Florida. Said land lying and being in Indian River County, Florida; and I JUN -2 1 1979 8aol< 35 FAJ,1 1° L:7-1 Mr. Frank Zorc Page 2 April 7 1978 From the SE corner of the west 1-1/2 acres of the south 5 acres of the east 1/2 of the SW 1/4 of the NE 1/4 of Section 12, Township 33 South, Range 39 East, thence run west along the south line of said west 1-1/2 acres a distance of 87 feet to the p. o. b. , thence run -north parallel to the east line of said west 1-1/2 acres of the south 5 acres a distance of 180 feet; thence run west parallel to the south line of said west 1-1/2 acres a distance of 112.36 feet to the west line of said west 1- * 1/2 acres, thence run south along the west line thereof a distance of 180 feet to the southwest corner of said west 1-1/2 acres, thence run east along the -south line thereof a distance of 112.77 feet to the p.o.b. SUBJECT TO easements restrictions, reservations and rights-of- Way.of record and taxes accruing subsequent to December 31, 1977. Be changed from R-2 Multiple Family District to C-1 Commercial District A public hearinginrelation thereto will be held by the Board of County Cor.w.-iissioners of Indian River County, Florida in the County, Cormaission Room in the County Courthouse.-' Vero Beach, Florida on Wednesday, June 21, 1978 at 2:0.0 o'clock P.M. Sincerely, Freda Wright COMMISSIONER SCHMUCKER INFORMED THOSE PRESENT THAT HE HAS FILED THE FOLLOWING AFFIDAVIT WITH THE CLERK OF THE CIRCUIT COURT IN REGARD TO A CONFLICT OF INTEREST AND WILL ABSTAIN FROM VOTING, HE THEREUPON LEFT THE COMMISSION ROOM AT 2:20 O'CLOCK P.M. E411. 35 PAU- C :' AL 7 i A F F I D A V I T STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, the undersigned authority, personally appeared EDWIN S. SCHMUCaR, of 610 Wall Street, Vero Beach, Florida, who soya: 1. This affidavit is given pursuant to Florida Statues Chapter 112.313 which provides standards of conduct for officers and employees of state agencies, counties, cities and other political subdivision, legislators and legislative employees., '72. That I am'a duly elected County Commissioner of Indian River County, Florida, and that in addition to my duties as County Commissioner, I am a licensed professional engineer in Florida and engage in private practice as i a consuYting engineer. 3. That I am the President of TOTAL DEVELOPMENT$ INC., a Florida Corporation in good standing which corporation has represented. the Client , Mr. Frank Zorc, et al., to review his skating rink plans for conformity to code and structural requirements. The rink was to be located at 6th Avenue and 10th Street, Indian River County, Florida. 4. The decision will be referred to the Board of County Commissioners ,for their action at which time the affiant proposes to abstain from voing because of the above conflict of interest. Sworn to and subscribed before me this EDWIN S. SCIWJCKM 1 q�L day of Jv 1978. i NOTARY PUBLIC, S TE= OF. RiW-AT_ L&RGE My Commission Expiris: rY State o� FIaC'de sit Latgu 1 Note PubKc. ®e y97ty ��nmio�►WW c�uat ` C� eoox 35 PAci:17 MR. BERG INFORMED THE BOARD THAT THIS PROPERTY IS LOCATED ON THE NORTH SIDE OF 12TH STREET APPROXIMATELY 800' EAST OF U.S. I AND ABOUT 300' WEST OF 6TH AVENUE. THE APPLICANT IS REQUESTING REZONING FROM R-2 TO C-1. MR. BERG THEN READ TO THE BOARD THE STAFF'S COMMENTS AS FOLLOWS: STAFF CO3TMENT: This property has quite a bit of recent history, including a Board of Adjustment interpretation making property eligible for a non-profit type of use. Now is appears that this is na longer the intent. Planning Department felt that the use proposed by the re- zoning was not in keeping with the use of land in the area. It .-further felt that this was spot zoning in .reverse, (leaving existing residence completely surrounded by Commercial zoning).* This area also did not show Commercial use on the Master Plan. Mr. Zorc felt that because he was contiguous to Commercial zoning, that this was all he needed for rezoning. He further indicated that the area needed this use for the young people in Indian River County. Note: (Staff does not agree against this, but feels this is the wrong area.) MR. BERG NOTED THAT THEY CURD ENTLY HAVE SEVERAL SITE PLAN APPROVALS ON 6TH AVENUE FOR RESIDENTIAL AND FEEL COMMERCIAL USE WOULD NOT BE IN KEEPING WITH THE GENERAL CHARACTER OF THE NEIGHBORHOOD. HE STATED THAT THEY RECOMMENDED DENIAL TO THE ZONING BOARD, AND THE REQUEST WAS DENIED. MR. BERG THEN DISPLAYED AERIALS OF THIS AREA, AND NOTED THE CONTIGUOUS AREA ZONED C-1 IS USED COMPLETELY FOR A TRAILER PARK. THE AREA ACROSS THE STREET FROM THIS PROPERTY IS RESIDENTIAL AND WHILE THE AREA TO THE SOUTHWEST DOES HAVE SOME COMMERCIAL USES, IT IS ZONED FOR COMMERCIAL USE. MR. BERG FELT IF MR. ZORC'S PROPERTY WERE TO BE REZONED FOR COMMERCIAL USE, IT WOULD BE A FINGER POINTING TOWARDS COMMERCIAL USE ON.6TH AVENUE, AND WOULD BE A DETRIMENT TO THE COMPREHENSIVE PLAN. FRANK ZORC CAME BEFORE THE BOARD AND STATED THAT THE ONLY REASON FOR THE REQUESTED CHANGE OF ZONING IS IN ORDER TO GET THIS PROPERTY BACK IN A CATEGORY WHICH WILL CLEARLY INDICATE THAT A RETURN MAY BE MADE ON THE PROJECT SO HE CAN REGAIN HIS INVESTORS. MR. ZORC STATED THAT HE PERSONALLY HAS CONTACTED EVERY PROPERTY OWNER SURROUNDING THE SUBJECT PROPERTY AND HAS NOT FOUND ANY WHO HAS AN OBJECTION TO COMPLETION OF THE RECREATIONAL FACILITY, WHETHER FOR PROFIT OR NOT, HE NOTED, HOWEVER, THAT SOME PEOPLE DID OBJECT TO ANY POSSIBILITY OF AN AUTOMOTIVE FACILITY IN THIS AREA SO HIS 70 J u ii 211978 BOOK 35 PAUr- 133 J ATTORNEYS HAVE WORKED OUT AN AGREEMENT THAT WOULD RESTRICT.FOREVER THE USE OF THIS PROPERTY FOR ANYTHING TO DO WITH THE AUTOMOTIVE INDUSTRY IN ANY WAY. HE CONTINUED THAT THEY ALREADY HAVE POURED AT 26,000 SQ. FT. SLAB AND HAVE A BUILDING PARTIALLY UNDER CONSTRUCTION. COMMISSIONER LOY NOTED THAT A PETITION HAS BEEN RECEIVED FROM TROPIC GROVE CONDOMINIUM OWNERS OPPOSING THE PROPOSED ZONING CHANGE, AS FOLLOWS: .9 01'XC ('-i%'OV*- CC-;}►)O:.j::lull A,;.(:OC7.�'�a.0'J ' A Pl <V1' 10'! , 110 the undcrnimcd :•rink to r)l,,cc on rr.corcl t.hrt, crc nt.ru.j!,jy OPPO .c Vny :::on'nC, chrn-c aucl,, n ���,0,�o:3rc7 by t.l�t. I rr�n;r 7..orc proprrLy o:rncra �t ^�l,e Strc:c.:t; nn() 6th. Avc-nuc o 1• 71 J u w 211978 BOOK 35 Fm -)r, 131 IJ e 71 J u w 211978 BOOK 35 Fm -)r, 131 IJ TROPIO GROVE CONDOMINIUM INIUM .A SOC IA.I.-OI� A Pry"FIT:CON . We the undcrai ned wish to place on record that we strongly oppose any zonin3 chranoc such as propo- od by the Frank Zorc property owners at 12th. Street and 6th. Avenue, J ,ropzo cu;ova. a Vo th(.- undcrvlt nc.d vinh to 1)7:,cr. o:1 1'' Corel tl)nt tiro utrmtf ].y opnor:o tviy �:onirif; c)�.-.n;;o nucli _,o nrol?oncd by tl,c. I.r:.nl; Y.orc PrOl):.�:•ty O::r Lr[J Ut �..'tll. trc.vt grid Gthe l.vi nuc•. flr I �li.0 t �� G ..•••t�Gi-�Gcu.� BOOK 35 PAU, 18 xROMC GROVE C0:Q0,*-Ax,lTUI•: AS,,OG]:ATlW Wo t'liv under:,ll;r,cA wish to nlaco on record that we strong l.y oppov.o any zondrif, chur,r;e such uS nronot�cd by tho Fronk Gorc prop-,rty o:•tnera tit 12th. Street unci 6th. Avenue. MR. ZORC INFORMED THE BOARD THAT HE SPOKE TO MR. SARDELLA WHO STATED THAT HE PERSONALLY DID NOT OBJECT, BUT WAS CONCERNED ABOUT POSSIBLE USES THAT MIGHT GO IN THERE. COMMISSIONER LOY ASKED IF THERE ARE OTHER RESIDENTIAL PROJECTS THAT HAVE BEEN APPROVED IN THIS AREA. ASSISTANT PLANNER BERG STATED THAT THERE HAVE BEEN THREE IN THE LAST SIX MONTHS WHO HAVE REQUESTED AND RECEIVED SITE PLAN APPROVAL FOR CONDOMINIUM TYPE DEVELOPMENT, TOTALING ABOUT 200 UNITS, ON THE EAST OF 0TH AVENUE. HE FELT THIS INDICATES THAT THE DEVELOPMENT OF THE AREA IS MOVING TOWARDS A RESIDENTIAL USE WHICH IS IN KEEPING WITH THE MASTER PLAN. MR. ZORC POINTED OUT THAT THEY PURPOSELY LEFT A STRIP OF LAND ZONED R-2 BETWEEN THEIR PROJECT AND SIXTH AVENUE TO ACT AS A JUN 211978 %� BOOK 35 PAGE 183 BUFFER ZONE. HE NOTED THERE IS A GOOD DEAL OF COMMERCIAL ESTABLISHED ONLY 60' ACROSS THE STREET FROM THEM - THE TAYLOR.RENTAL STORE, A NEW CAR WASH AND ZIEBART. COMMISSIONER SIEBERT ASKED HOW YOU GO ABOUT SITE PLAN REVIEW ON A PARTIALLY COMPLETED PROJECT. MR. BERG FELT IT WOULD REQUIRE SITE PLAN APPROVAL. HE NOTED THAT THE INTENT OF THE NEW SITE PLAN ORDINANCE IS TO SEE THAT A GIVEN PROJECT IS IN KEEPING WITH THE*NEIGHBORHOOD AND HOMOGENOUS TO THE AREA, AND ALSO TO MEASURE THE IMPACT OF ANY TRAFFIC THAT MIGHT OCCUR AS A RESULT OF THE PROJECT. ALL OF THESE THINGS WOULD HAVE AN AFFECT ON THEIR RECOMMENDATION TO THE ZONING COMMISSION. COMMISSIONER SIEBERT NOTED THAT THE LOCATION ON THE BUILDING IS SET, AND DRAINAGE IS A PROBLEM. MR, ZORC STATED THAT, FOR ALL PRACTICAL PURPOSES, THIS PROJECT HAS HAD SITE PLAN REVIEW BY THE PLANNING DEPARTMENT. HE INFORMED THE BOARD THAT THE PLANS FOR THIS PROJECT WERE REVIEWED BY THE PLANNING DEPARTMENT FOR ABOUT.A MONTH AND A HALF AND THAT HE HAS A LETTER FROM THE LATE COUNTY PLANNER, VAL BRENNAN, INDICATING THAT ALL REQUIREMENTS HAD BEEN COMPLIED WITH AS FAR AS PLANNING WAS CONCERNED. MR. BERG AGREED THAT THE PLANS WERE REVIEWED, BUT FELT THE LETTER DID NOT INDICATE THIS WAS AN APPROVAL. COMMISSIONER Loy POINTED OUT THAT THE REVIEW WAS FOR A DIFFERENT ZONING WHICH COULD MAKE A DIFFERENCE. HEARD. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE ATTORNEY CHARLES HERRING CAME FORWARD REPRESENTING WILLIAM HARTLEY, OWNER OF TWIN OAKS TENNIS CLUB, WHICH IS LOCATED APPROXIMATELY 300' TO THE NORTH OF THE SUBJECT PROPERTY. HE INFORMED THE BOARD THAT MR. HARTLEY PREVIOUSLY FILED AN OBJECTION TO THE PROPOSED REZONING BY LETTER AND SINCE HE COULD NOT BE PRESENT TODAY, REQUESTED MR. HERRING TO RENEW HIS OBJECTIONS FOR HIM. NO ONE FURTHER WISHED TO BE HEARD, AND ON MOTION BY COMMISSIONER SIEBERT-, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. JUN 2 1 1978 74` BOOK 35 Pm, r- x 34 CHAIRMAN WODTKE STATED THAT BECAUSE OF THE RESIDENTIAL DEVELOPMENT ON SIXTH AVENUE AND THE NEARNESS OF SERO MALL; WHICH WILL MAKE THIS A HEAVILY CONGESTED AREA, HE WOULD HATE TO SEE ANY FURTHER EXPANSION OF COMMERCIAL ZONING IN THIS AREA. THE CHAIRMAN NOTED, HOWEVER, THAT THIS PARTICULAR PROJECT BASICALLY WAS APPROVED, THE TREES HAVE BEEN REMOVED AND THE CONCRETE SLAB POURED, AND HE HAS NO OBJECTION TO THE COMPLETION OF THE PROJECT, HE FELT IT IS VERY UNFORTUNATE THAT THE PROPERTY GOT STARTED IN DEVELOPMENT WITHOUT THE PROPER FINANCIAL BACKING TO BE SURE THAT IT COULD BE COMPLETED BASED UPON THE NON-PROFIT APPROACH THAT WAS TAKEN. COMMISSIONER SIEBERT FELT WE MUST LOOK AT THIS AS IF NOTHING WERE THERE AND DECIDE WHAT IS THE HIGHEST AND BEST USE OF THE PROPERTY. HE CONTINUED THAT IF THIS WERE A NORMAL REZONING REQUEST, HE WOULD FEEL THAT THE REZONING REQUESTED IS NOT PROPER FOR THE AREA. COMMISSIONER Loy CONCURRED WITH COMMISSIONER SIEBERT AND STATED THAT SHE CANNOT BELIEVE THE BEST INTEREST OF THE COMMUNITY IS GOING TO BE SERVED BY ENCROACHING A C-1 DISTRICT INTO AN ALREADY EXISTING R-2 AREA THAT IS FAST DEVELOPING AS RESIDENTIAL. COMMISSIONER DEESON STATED THAT HE WHOLE-HEARTEDLY AGREES. HE FELT THE PROPOSED FACILITY WOULD BE AN ASSET TO THE,YOUNG PEOPLE AS A RECREATIONAL FACILITY, BUT DOES NOT FEEL THIS IS THE PLACE FOR IT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOT, COMMISSIONER SCHMUCKER ABSTAINED, THE BOARD DENIED THE REZONING TO -C-1 REQUESTED BY FRANK ZORC, COMMISSIONER SCHMUCKER RETURNED TO THE MEETING AT 2:50 O'CLOCK P.M. ATTORNEY COLLINS DISCUSSED WITH THE BOARD A LIST OF PROPERTY OWNERS THAT THE BUILDING DEPARTMENT AND ZONING DEPARTMENT HAVE BEEN CORRESPONDING WITH OVER THE LAST FEW YEARS IN REGARD TO HAZARDOUS STRUCTURES. HE STATED THAT EACH OF THESE INDIVIDUALS JUN 211978 75 1 BOOK 35 FAGF 185 HAS BEEN MAILED A LETTER NOTIFYING THEM THAT THE BOARD WOULD BE CONSIDERING THE HAZARDOUS STRUCTURES LOCATED ON THEIR VARIOUS PROPERTIES TODAY. THE LIST OF PROPERTY OWNERS OF HAZARDOUS STRUCTURES IS AS FOLLOWS: RE: HAZARDOUS STRUCTURES 1. IDLETTEr JOE Last letter sent March 21,,1978. 2.- ROSS, ETHEL RUTH - Last Letter sent by Esther Rymer, April 11, 1978 Correspondence from attorney Lewis R. Pearce, requesting an additional 30 day peroid. Letter dated May 15, 1978 3. GAINES, JOHN - Memo from Esther Rymer stating a demolition permit was issued on April 3, 1978. 4. NAIMEY, JOHN - Last letter sent March 21, 1978. Letter from Charles Sullivan stating Mr. Naimey was not sure which structure we were referring to, dated March 24, 1978. 5. WALLBERG. FRANK - Last letter sent March 21, 1978. 6. McGRIFF, EARL - Last letter sent March 21, 1978. 7. JONES, REV. WILLIE - Last letter sent March 21, 1978, and returned. S. HARRIS, A. J. - First letter sent Feb. 3, 1978, accepted then last letter sent March 21, 1978, returned. 9. THOMAS, LUFFETA - First letter of Feb. 3, 1978, returned. 10. HOUSEI RUTH - First letter of Feb. 3,, 1978, returned. 11. HENDERSON, A. First letter of Feb. 3, 1978, returned. 12. STEWART, CHARLIE & ROSALEE - First letter of Feb. 3, 1978, returned. 13. RAWLINS, GUSSIE - First letter of Feb. 3*1, 1978, returned. 14. ASHLEY, EQUILLA MAE - First letter and second letter returned. 15. WATSON, B. L. - Letter of March 21, 1978, returned. 16. SEXTON. ELIZABETH - First letter sent March 13, 1978. 3 t KKK 35 PAGE 186 JUN 2 1978 76 ATTORNEY COLLINS STATED THAT THERE APPARENTLY IS SOME SORT OF AN OWNERSHIP PROBLEM ON ITEM I AND HE WOULD LIKE TO CONTINUE THIS ITEM OVER TO A LATER DATE ITEM 2.- ETHEL RUTH ROSS. BUILDING DIRECTOR RYMER STATED THAT THIS STRUCTURE IS LOCATED IN WINTER BEACH AND INFORMED THE BOARD THAT SHE DID GRANT A 30 DAY EXTENSION ON MAY 15TH, BUT NOTHING HAS BEEN DONE IN THAT TIME AND SHE HAS HEARD NOTHING FURTHER. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO TAKE APPROPRIATE ACTION TO REMOVE THE HAZARDOUS STRUCTURE OWNED BY ETHEL RUTH -ROSS, ITEM 2 ON THE LIST OF HAZARDOUS STRUCTURES. • ITEM - 3 JOHN GAINES. ZONING DIRECTOR DEWEY 1'!ALKER STATED THAT. THIS STRUCTURE IS AN OLD HOUSE THAT WAS MOVED AND PLACED OUT BY SOME NICER HOMES, AND THERE HAVE BEEN COMPLAINTS FROM THE NEIGHBORS THAT IT IS DEVALUING THEIR PROPERTY. HE STATED THAT HE HAS WORKED WITH MR. GAINES IN REGARD TO THIS STRUCTURE FOR YEARS. BUILDING DIRECTOR RYMER STATED THAT MR. GAINES TOOK OUT A DEMOLITION PERMIT ON APRIL 3RD,WHICH NORMALLY EXPIRES IN SIX MONTHS, BUT SHE MADE A NOTATION ON THE PERMIT THAT THIS HAD TO BE DONE WITHIN THIRTY DAYS. ATTORNEY COLLINS FELL MR. GAINES HAS AN OBLIGATION TO ABATE THE NUISANCE. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER .DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO TAKE APPROPRIATE ACTION TO REMOVE THE HAZARDOUS STRUCTURE OWNED BY JOHN GAINES, ITEM 3 ON THE LIST OF HAZARDOUS STRUCTURES. ITEM 4 - JOHN NAIMEY. COMMISSIONER SCHMUCKER NOTED THAT THIS IS A STRUCTURE THAT WAS BUILT WITHOUT A PERMIT. HE STATED THAT HE HAD REVIEWED THIS WITH FORMER BUILDING DIRECTOR DON ADAMS AND THEN HAD GONE INTO THIS .BUILDING , WHICH IS A TUBE WELDED STRUCTURE, AND MADE AN ANALYSIS AND A PLAN WHICH TENTATIVELY IDENTIFIED IT. COMMISSIONER SCHMUCKER STATED THAT HE GAVE THIS DRAWING TO JOHN ,NAIMEY, BUT APPARENTLY MR, NAIMEY NEVER FOLLOWED UP ON IT. 77 JUN 211978 BOOK 35 FA,UFIS7 ATTORNEY COLLINS ASKED IF THIS IS A HAZARDOUS STRUCTURE, AND MRS. RYMER STATED THAT SHE HAS NOT BEEN IN IT - THAT IT IS KEPT LOCKED AND THERE ARE GUARD DOGS ON THE PROPERTY, SHE CONTINUED THAT MR. ADAMS WROTE MR. NAIMEY A LETTER IN AUGUST OF 1977 STATING THAT THE BUILDING MUST BE DESIGNED BY A REGISTERED ENGINEER OR ARCHITECT AND GAVE HIM AN EXTENSION OF 60 DAYS FOR PLANS TO BE PREPARED AND ZONING TO BE SECURED, BUT SHE DOES NOT BELIEVE MR. NAIMEY HAS EVER BEEN TO ZONING DIRECTOR WALKER FOR A PERMIT OR GIVEN HIM A PLAN OF THE BUILDINGS. ATTORNEY COLLINS SUGGESTED THAT THIS ITEM BE PASSED OVER UNTIL FURTHER INFORMATION IS OBTAINED AND REQUESTED THAT THE BUILDING DEPARTMENT INFORM HIM WHETHER THIS IS A HAZARDOUS STRUCTURE ll. i�- ITEM 5 - FRANK VIALLBERG. MRS, RYMER DISPLAYED PICTURES OF THE STRUCTURE AND STATED THAT IT IS THE OLD SOUTHERN GAS STATION ON THE CORNER OF U.S. I AND ROSELAND ROAD. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO TAKE APPROPRIATE ACTION TO REMOVE THE HAZARDOUS STRUCTURE OWNED BY FRANK WALLBERG, ITEM 5 ON THE LIST OF HAZARDOUS STRUCTURES. ITEM 6 - EARL MCGRIFF - BUILDING DIRECTOR RYMER NOTED THAT SOME OF THE NOTICES SENT OUT BY HER DEPARTMENT WERE NEVER RECEIVED. ATTORNEY COLLINS STATED THAT THE STATUTE DOES NOT REQUIRE THEY BE RECEIVED, JUST MAILED. HE STATED THAT HE, -HOWEVER, DOES HAVE A LETTER IN HIS FILE, WHICH WAS CLAIMED. COMMISSIONER SCHMUCKER NOTED THAT THIS STRUCTURE IS LOCATED ON OLD U.S. I JUST NORTH OF SOUTH GIFFORD ROAD. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO TAKE APPROPRIATE ACTION TO REMOVE THE HAZARDOUS STRUCTURE OWNED BY EARL McGRIFF, ITEM 6 ON THE LIST OF HAZARDOUS STRUCTURES. ITEM 7 - REVEREND WILLIE JONES - ATTORNEY COLLINS STATED THAT THE REVEREND DID NOT PICK UP THE NOTICES MAILED TO HIM, BUT HE IS SATISFIED THAT THEY WERE SENT TO THE CORRECT ADDRESS. 0 BOOK 35 FAGr 188 -_A E7 PARS. RYMER STATED THAT ON APRIL 4TH A NOTICE WAS HAND DELIVERED AND SERVED PERSONALLY TO REVEREND'JONES, ZONING DIRECTOR 14ALKER STATED THAT THIS STRUCTURE IS LOCATED OFF OF U.S. 1 ON THE LEFT TURN TO SOUTH GIFFORD ROAD, AND THE ROOF HAS FALLEN IN. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER $IEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO TAKE APPROPRIATE ACTION TO REMOVE THE HAZARDOUS STRUCTURE OWNED BY REVEREND WILLIE .JONES, ITEM 7 ON THE LIST OF HAZARDOUS STRUCTURES. ITEM S - A.J. HARRIS. ATTORNEY COLLINS STATED THAT THIS IS A WOOD FRAME AND CONCRETE BLOCK STRUCTURE IN W.E. GEOFFREY'S SUBDIVISION AND HIS FILES SHOW RECEIPT OF LETTER WRITTEN TO MR. HARRIS ON MARCH 21ST. BUILDING DIRECTOR RYMER STATED SHE HAS RETURN NOTICES FROM MR. HARRIS DATING BACK TO 1975. ON MOTION BY COMMISSIONER $IEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO TAKE APPROPRIATE ACTION TO REMOVE THE HAZARDOUS STRUCTURE OWNED BY A.J. HARRIS, ITEM S ON THE LIST OF HAZARDOUS STRUCTURES. ITEM 9 - LUFFETA THOMAS. ATTORNEY COLLINS STATED THAT THIS IS A WOOD FRAME STRUCTURE WITH FIRE DAMAGE ALSO LOCATED IN W.E. GEOFFREY'S SUBDIVISION, AND THE NOTICE WAS NOT CLAIMED. BUILDING DIRECTOR RYMER STATED THAT SHE HAS IN HER FILES A CERTIFIED RECEIPT SIGNED BY MARIE WEST. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER $CHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO TAKE APPROPRIATE ACTION TO REMOVE THE HAZARDOUS .STRUCTURE OWNED BY LUFFETA THOMAS, ITEM 9 ON THE LIST OF HAZARDOUS STRUCTURES. ITEM lO - RUTH HOUSE. ZONING DIRECTOR DEWEY WALKER INFORMED THE BOARD THAT THIS STRUCTURE FELL DOWN AND HAS BEEN REMOVED, ITEM 11 - A.L. HENDERSON. ATTORNEY COLLINS ASSUMED THAT MR. HENDERSON HAS RECEIVED NOTICE AS THEY HAVE NOT RECEIVED IT BACK. HE STATED THAT THIS IS A DILAPIDATED STRUCTURE LOCATED IN ESPEY'S JuN 21197 79 BOOK 35 mu, r- 189 r SUBDIVISION, WHICH IS JUST SOUTH OF SOUTH GIFFORD ROAD. IT IS ON OLD U.S. 1 NEAR THE OLD DRIVE-IN THEATRE. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO TAKE APPROPRIATE ACTION TO REMOVE THE HAZARDOUS STRUCTURE OWNED BY ARTHUR LEE HENDERSON; ITEM 11 ON THE LIST OF HAZARDOUS STRUCTURES, ITEM 12 - CHARLIE AND ROSALEE STEWART. ATTORNEY COLLINS STATED THAT THIS IS A DILAPIDATED HOUSE IN HILLCREST SUBDIVISION. NOTICES HAVE BEEN SENT AND HAVE COME BACK. IT IS LOCATED NEAR 28TH AVENUE NORTH OF 42ND STREET. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO TAKE APPROPRIATE ACTION TO REMOVE THE HAZARDOUS STRUCTURE OWNED BY CHARLIE AND ROSALEE STEWART, ITEM 12 ON THE LIST OF HAZARDOUS STRUCTURES. ITEM 13 - GUSSIE RAWLINS. BUILDING DIRECTOR RYMER INFORMED THE BOARD THAT MS. RAWLINS HAS FIXED THIS PROPERTY UP AND HER NAME CAN BE REMOVED FROM THE LIST. ITEM 14 - EQUILLA MAE ASHLEY. BUILDING DIRECTOR RYMER NOTED THAT THIS PROPERTY ORIGINALLY WAS IN THE NAME OF GUY COLLEY, AND NOTICES HAVE NOT BEEN CLAIMED, BUT IT WAS SERVED BY THE DEPUTY BACK IN 1971. THIS PROPERTY IS LOCATED IN I.E. GEOFFREY'S SUBDIVISION. ATTORNEY COLLINS STATED THAT HIS NOTICE CAME BACK UNCLAIMED AND THAT HE IS CONCERNED ABOUT THE LACK OF CONTACT. HE SUGGESTED THIS ITEM BE HELD OVER UNTIL A'LATER DATE. ITEM 15 - B.L. WATSON. ZONING DIRECTOR WALKER STATED THAT THIS IS A WOOD FRAME STRUCTURE, 14ATSON'S HOLY TEMPLE, LOCATED IN HILLCREST SUBDIVISION. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE.ADMINISTRATOR TO TAKE APPROPRIATE ACTION TO REMOVE THE HAZARDOUS STRUCTURE OWNED BY B.L. WATSON, ITEM 15 ON THE LIST OF HAZARDOUS STRUCTURES. ITEM 16 - ELIZABETH SEXTON. -BUILDING DIRECTOR RYMER STATED THAT THIS HAS BEEN REMOVED FROM THE LIST. BUILDING DIRECTOR RYMER BROUGHT UP THE NAME OF ELLA LAWSON, Jun 21197 80 BaoK35 ?A, 190 BUT ATTORNEY COLLINS STATED THAT HE DID NOT HAVE THIS NAME ON HIS LIST AND NO NOTICE HAS BEEN SENT. HE FELT THIS SHOULD.BE ADDED TO A LATER LIST. ADMINISTRATOR J ENNINGS STATED THAT HE WILL NEED THE LEGAL DESCRIPTION OF EACH PIECE OF PROPERTY BEFORE HE CAN PROCEED. HE NOTED THAT ON STRUCTURES HE HAS DONE BEFORE HE HAS FILED A LIEN INCLUDING TIME AND LABOR CHARGES. BUILDING DIRECTOR RYMER BROUGHT UP THE MATTER OF DEMOLITION PERMITS. SHE STATED THAT THE BOARD COULD WAIVE THE FEE IF THEY WISHED, BUT SHE FELT HER DEPARTMENT SHOULD WRITE THE PERMIT FOR THEIR RECORDS. ADMINISTRATOR JENNINGS FELT WE SHOULD FOLLOW NORMAL PROCEDURE AND INCLUDE THE PERMIT CHARGE IN THE LIEN AGAINST THE PROPERTY. HE STATED THAT HE WILL HAVE THE ZONING DIRECTOR FILE FOR THE PERMIT. THE BOARD AGREED. ASSISTANT PLANNER BERG REVIEWED THE PROPOSED AMENDMENT TO THE OFF-STREET PARKING SECTION OF THE ZONING ORDINANCE. HE EXPLAINED THAT THEY ORIGINALLY HAD PROPOSED TO REWRITE THIS SECTION TO MAKE IT CLEARER AS TO WHAT IS REQUIRED AND TO ESTABLISH VARYING NUMBERS OF REQUIRED PARKING SPACES FOR DIFFERENT USES. HE INFORMED THE BOARD THAT THEY DID DRAFT AN ORDINANCE DEALING ENTIRELY WITH OFF-STREET PARKING AND HAD A PUBLIC HEARING, BUT THE ZONING COMMISSION FELT THE EXISTING ORDINANCE WAS SUFFICIENT AT THIS TIME. MR. BERG FELT, HOWEVER, THAT THERE ARE A FEW THINGS IN THE EXISTING ORDINANCE THAT DO NEED IMMEDIATE ATTENTION AND THAT LATER ON THEY COULD COME BACK WITH ANOTHER MORE COMPREHENSIVE ORDINANCE. HE NOTED THAT RIGHT NOW EACH OFF-STREET PARKING SPACE REQUIRES AN AREA OF 200 SQ. FT. BUT IT DOESNIT OUTLINE OR DELINEATE THE AREA. THE AMENDMENT WOULD REQUIRE THAT EACH SPACE MUST BE AT LEAST 10' X 20`, MR. BERG STATED THAT THEY STILL ARE RECOMMENDING THAT OFF-STREET PARKING BE PAVED, BUT FEEL THERE ARE SOME USES THAT WOULD NOT NECESSARILY REQUIRE PAVED PARKING LOTS SUCH AS CHURCHES. THEY ARE ALSO SUGGESTING MODIFICATION OF PAVING STANDARDS BY ALLOWING ACCEPTABLE ALTERNATIVES. JUN 211978 81 aaoK 35 FAcF 19, -i. ATTORNEY COLLINS*ASKED IF THE ZONING COMMISSION HAS APPROVED MR. BERG'S SUGGESTED AMENDMENTS, BECAUSE HE THOUGHT MR, BERG HAD SAID THEY TURNED DOWN HIS PROPOSED ORDINANCE. MR. BERG EXPLAINED THAT HIS ORIGINAL RECOMMENDATIONS COVERED ABOUT 12 PAGES. THE AMENDMENTS HE IS DISCUSSING TODAY ARE JUST MEANT TO "PLUG THE HOLE IN THE DIKE," AND THE ZONING COMMISSION HAS APPROVED THEM. CHAIRMAN WODTKE ASKED WHO APPROVES THE OFF—STREET PARKING REQUIREMENTS NOW? MR. BERG FELT IF THERE WOULD BE A SERIOUS IMPACT ON TRAFFIC OR SOIL CONDITIONS OR RUN—OFFj IT FIRST WOULD BE PRESENTED TO THE TECHNICAL REVIEW COMMITTEE FOR REVIEW. FINAL APPROVAL IS DONE BY THE PLANNING & ZONING COMMISSION. COMMISSIONER SCHMUCKER STATED THAT HE SEES A LOTS OF THINGS LACKING — TYPES OF MATERIALS, PAVING STANDARDS, ETC. HE NOTED THAT PARKING LOTS DO NOT REQUIRE THE SAME MATERIALS A ROAD DOES, AND ASKED IF MR. BERG IS SAYING THAT WHETHER A PARKING LOT IS TO BE PAVED OR NOT WILL BE LEFT TO THE DISCRETION OF SOME BOARD? COMMISSIONER SIEBERT FELT WE SHOULD REQUIRE PAVING, BUT SHOULD SET CERTAIN CIRCUMSTANCES WHERE IT WOULDN'T BE REQUIRED RATHER THAN LEAVE IT TO SOMEBODY'S DISCRETION AS TO WHETHER IT SHOULD BE PAVED OR NOT. MR. BERG STATED THAT HE HAS SUBMITTED THE PROPOSED AMENDMENTS TO THE ENGINEERS IN THE AREA FOR THEIR COMMENTS AND HAS RECEIVED QUITE A FEW COMMENTS AND A BREAKDOWN OF TYPES OF MATERIALS, BUT HE FELT MATERIALS SHOULD BE PART OF THE BUILDING CODE AND NOT PART OF A ZONING ORDINANCE. CHAIRMAN WODTKE INQUIRED WHETHER THE BOARD WISHED TO AUTHORIZE ADVERTISING THE PROPOSED AMENDMENT AND HAVE THE ATTORNEY DO SOME FURTHER WORK ON IT IN THE MEANTIME OR WHETHER THEY WOULD RATHER HAVE THE WORK DONE BEFORE AUTHORIZING THE ADVERTISEMENT. COMMISSIONER SCHMUCKER STATED THAT HE WOULD LIKE TO HAVE THE BOARD DO SOME FURTHER WORK ON THIS BEFORE AUTHORIZING THE ADVERTISEMENT, AND THE BOARD AGREED. e. JUN 2 1 197 82 800K 35 FAuE 19;) ATTORNEY COLLINS STATED THAT HE WILL WORK ON THE AMENDMENT AND HAVE SOMETHING READY FOR THE NEXT MEETING. HE ASKED IF THE BOARD ENDORSED THE IDEA OF SOME AREAS NOT BEING REQUIRED TO HAVE ASPHALT PAVING, AND THE BOARD STATED THEY DID. CHAIRMAN WODTKE INFORMED THE BOARD THAT HE HAS RECEIVED A LETTER FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FORWARDING THE FLOOD INSURANCE RATE MAPS AS FOLLOWS: doll' ire DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT t.�0. FEDERAL INSURANCE ADMINISTR-ATION WASHINGTON, O. C. 20410 l` IN REPLY REFER TO$ IFE (179) : Mr. William Wodtke 000 x ti 6' Chairman, Board of County - ' Commissioners .Indian River County Courthouse - .... 14th Avenue , g Vero Beach, Florida 32960 .:. _ Dear Mr. Wodtke: Enclosed are copies of the Flood Insurance Rate Map for the County of Indian River, Florida , prepared by the Federal ' Insurance Administration. This map becomes effective July 3, 1978 and, as of that date, all new flood insurance policies are to be rated ,. accordingly. - .. . ,S Sincerely, .� _ J. Robert Hunter Deputy Federal Insurance Administrator •• 13 14. >> - • Enclosures 1 - cb �G- .. r 9��r� ,..� ... moi. �•�'4 l�vi R:n, w jun � -L BOOK 35 PAcc 193 THE CHAIRMAN STATED THAT THESE MAPS HAVE BEEN CHECKED, AND IT HAS BEEN DETERMINED THAT THEY HAVE BEEN REVISED IN ACCORDANCE WITH THE AERIALS WE FORWARDED TO THEM SEVERAL WEEKS AGO$ ADMINISTRATOR KENNINGS CONFIRMED THAT MUD PREPARED THESE MAPS BASED ON THE INFORMATION WE FORWARDED TO THEM AND STATED HE FELT IT WAS A VERY WORTHY EFFORT AND MONEY WELL SPENT TO HAVE THE WORK DONE, WHICH RESULTED IN THE DESIRED CHANGES. ASSISTANT PLANNER BERG CONCURRED AND STATED THAT THIS .REVISION OF THE RATE MAPS WILL SAVE THE CITIZENS OF THE COUNTY A LOT OF MONEY ON CONSTRUCTION. HE CONTINUED THAT SOMETIME IN JULY AFTER THE EFFECTIVE DATE OF THE MAPS, WE WILL HAVE 30 DAYS TO ADOPT A FLOOD PLAIN ORDINANCE. MR. BERG NOTED THAT WE WILL AT SOME TIME PROBABLY HAVE TO ADOPT SUBDIVISION AMENDMENTS WHICH WILL REQUIRE THAT ALL SUBDIVISION PROPOSALS GREATER THAN 50 LOTS OR 5 ACRES INCLUDE FLOOD ELEVATION DATA. HE INFORMED THE BOARD THAT THERE ARE ABOUT 16 ITEMS THAT WILL NEED TO BE INCLUDED IN THE ORDINANCE. CHAIRMAN WODTKE SUGGESTED THAT IN ORDER TO AVOID ANY DELAY, WE SHOULD AUTHORIZE PREPARATION OF SUCH AN ORDINANCE AND HAVE A HEARING ON IT AS SOON AS POSSIBLE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO PREPARE A FLOOD PLAIN ORDINANCE AND ADVERTISE IT FOR PUBLIC HEARING ON JULY 19, 1978. ENGINEER JAMES BEINDORF INFORMED THE BOARD THAT HE HAS RECEIVED THE STUDY MADE BY LLOYD & ASSOCIATES IN REGARD TO TYING THE GIFFORD SEWAGE INTO THE CITY FLOW SYSTEM. HE REPORTED THAT IN DECEMBER OF 1977 HE RECEIVED A LETTER FROM THE CITY IN REGARD TO TYING INTO THE CITY SYSTEM AT THEIR.STANDARD FEE OF $187.50 PER RESIDENTIAL UNIT, AND ALSO ASKING THAT THE COUNTY CONSIDER PUMPING THE SEWAGE ON OFF HOURS (FROM 8:00 P.M.TO 6:00 A.M.), WHICH WOULD REQUIRE A STORAGE TANK OF SOME SORT IN THE GIFFORD AREA, MR. BEINDORF STATED THAT HE DETERMINED THAT THE DER WOULD FROWN ON THIS, AND ALSO THAT THE SEWAGE WOULD HAVE TO BE TREATED IN THE PERIOD IT WAS BEING STORED, ALL OF WHICH PRESENTED A LOT OF PROBLEMS, HE JUN 2x.1978 84 BOOK 35 FAU,F 194 CONTINUED THAT HE WROTE THE CITY IN MARCH ASKING THAT THEY WAIVE THE OFF—HOURS REQUIREMENT AND CONSIDER THE $187,50 PER UNIT AS THE FEE FOR THE USAGE OF THE PUMPING STATIONS AND THE FORCE MAINS, HE NOTED THAT THE COUNTY HAS AN ALLOCATION TO USE A CERTAIN CAPACITY OF THE SEWER PLANT THE -CITY HAD RECEIVED A GRANT FOR SO IT APPEARED THE STORAGE REQUIREMENT THE CITY WANTED TO PUT ON THE SYSTEM SHOULD BE WAIVED, MR. BEINDORF STATED THAT THE CITY THEN WANTED TO SEE WHAT IMPACT THE GIFFORD SEWAGE WOULD HAVE ON THEIR EXISTING SYSTEM, AND LLOYD & ASSOCIATES NOW HAVE INDICATED THAT TWO LIFT STATIONS WOULD BE AFFECTED — LIFT STATION 2 AND LIFT STATION9 — AND HAS ESTIMATED A COST OF $27,000 TO REBUILD OR REPLACE THE MOTORS OF THESE TWO LIFT STATIONS. MR. BEINDORF CONTINUED THAT, BASED ON THAT FIGURE AND WHERE WE COULD TIE ON, THE ENGINEERS RE—EVALUATED COSTS AND CAME UP WITH A FIGURE OF $229,712 FOR TYING INTO THE CITY FLOW SYSTEM, OR ABOUT $19,000 OVER WHAT WAS ORIGINALLY PROPOSED LAST OCTOBER, HE NOTED THAT $210,000 HAD BEEN ALLOCATED TO PUMP FROM GIFFORD DIRECTLY TO THE CITY TREATMENT PLANT, BUT POINTED OUT THAT THE COUNTY WOULD HAVE TO i MAINTAIN THE LINE ALL THIS WAY, APPROXIMATELY SIX MILES, WHICH COULD i BE A REAL PROBLEM. ENGINEER BEINDORF STATED THAT THIS REPORT IS BASED ON A PEAK FLOW OF 500,000 G.P.D. BECAUSE YOU MUST ALLOW FOR EXPANSION AND FUTURE FLOW, AND THE ESTIMATION IS FIGURED ON THE MAXIMUM COST, ASSUMING THAT THE $187,50 PER UNIT FEE DID NOT COVER REBUILDING OF THE PUMPING STATIONS. COMMISSIONER SIEBERT FELT THE $187.50 IS ESSENTIALLY c AN -IMPACT FEE. HE NOTED THE ONLY THING WE ARE DOING IS NOT BRINGING A LINE TO THE CITY'S PLANT — WE ARE PAYING A FEE FOR THEM TO EXPAND THEIR DISTRIBUTION LINE IN THE FUTURE. CHAIRMAN WODTKE DISCUSSED WHAT IS INVOLVED IN HOOKING UP TO A HOME AND NOTED THERE IS A GREAT DEAL OF DIFFERENCE BETWEEN THE WAY THE WATER IS GOING TO OPERATE AND THE SEWER IS GOING TO OPERATE. ENGINEER BEINDORF NOTED THAT THE SEWER CONNECTION CHARGE WOULD HAVE TO BE SET AT A FUTURE DATE, AND COMMISSIONER SIEBERT STATED THE ORDINANCE PROVIDES FOR THIS, juii 2 1 197 85 BOOK 35 PAGr ��� ENGINEER BEINDORF FURTHER NOTED THAT THE $187.50 FEE PER UNIT TO THE COUNTY WOULD HAVE TO BE BASED ON PRESENT CUSTOMERS ONLY, AND ANY NEW CUSTOMERS WOULD HAVE TO PAY THE CONNECTION FEE THEMSELVES$ COMMISSIONER SIEBERT THOUGHT ANY FUTURE CONNECTION FEES WOULD HELP PAY FOR EXPANSION OF THE SEWER SYSTEM IN OTHER AREAS$ ENGINEER BEINDORF STATED THAT THEY HAVE NOT SHOWN ANYTHING FOR SEWER CONNECTION IN THEIR REPORT. HE NOTED THAT IN WATER CONNECTION NORMALLY YOU ARE LOOKING AT RECOUPING YOUR BASIC COST. CHAIRMAN VIODTKE FELT IF THE COUNTY HAD TO PAY THE $27,000 FOR REBUILDING THE LIFT STATIONS IN ADDITION TO THE $187.50 PER UNIT, THEY ACTUALLY WOULD BE PAYING FOR THE SAME THING TWICE. ENGINEER BEINDORF AGREED THAT HE WOULD FEEL THE $187.50 PER CUSTOMER WOULD COVER THE $27,000 FOR REBUILDING THE -LIFT STATIONS$ HE NOTED THAT IN THIS INSTANCE WE WOULD BE PAYING AHEAD OF TIME BECAUSE'WE HAVE 183 CUSTOMERS RIGHT AWAY. HE POINTED OUT THAT IF THIS EXTRA COST WERE ELIMINATED, WE WOULD BE RIGHT WITHIN OUR ESTIMATES. COMMISSIONER SIEBERT AGREED, AND FELT THIS MATTER SHOULD BE DISCUSSED WITH THE CITY OF VERO BEACH. CHAIRMAN WODTKE NOTED BASICALLY WE ARE SAYING IF YOU WILL ALLOW US TO TIE IN THERE RATHER THAN GOING ALL THE WAY TO THE SEWAGE PLANT, WE WILL PAY YOU $187,50 FOR USE OF YOUR LINES AND ANY IMPROVEMENT OF DISTRIBUTION LINES* THE CHAIRMAN INSTRUCTED THE ADMINISTRATOR AND ENGINEER BEINDORF TO NEGOTIATE WITH THE CITY ON THIS ITEMS ASSISTANT ADMINISTRATOR NEIL NELSON REPORTED ON THE EVALUATION OF THE BIDS RECEIVED FOR REPAIR AND PAINTING OF THE COUNTY .TAIL EXTERIOR WALLS AND REPAIR TO THE .TAIL ROOFS. HE STATED THAT ALL BIDS MET SPECIFICATIONS, AND THE LOW BID FOR REPAIR AND PAINTING OF THE EXTERIOR JAIL WALLS WAS MADE BY CAPPELEN PAINTING, INC., HE INFORMED THE BOARD THAT GOLD COAST PAINTING WAS LOW BIDDER ON REPAIR OF THE JAIL ROOFS, BUT POINTED OUT THAT THE TWO BIDS TOGETHER ADD UP TO $11,835 AND THERE IS ONLY $10,087 IN THE ACCOUNTS MR. NELSON SUGGESTED IT MIGHT BE POSSIBLE TO NEGOTIATE WITH GOLD COAST TO SEE IF WE COULD CUT THE COST IN ANY WAY. 86 BOOK 35 PA -UE 196 COMMISSIONER LoyBROUGHT UP THE POSSIBILITY OF HAVING THE CORRECTIONAL INSTITUTION DO THE PAINTING FOR'US, BUT IT WAS FELT THIS L' WOULD NOT BE FEASIBLE BECAUSE OF THE PREPARATION NECESSARY. DISCUSSION FOLLOWED, AND IT WAS NOTED THAT IN REGARD TO THE JAIL ROOFS, THE SPECIFICATIONS ONLY CALLED FOR "REPAIR OF COUNTY JAIL ROOFS," WHICH THE BOARD FELT WAS NOT SPECIFIC ENOUGH. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF CAPPELEN PAINTING, INC., FOR REPAIR AND PAINTING OF THE EXTERIOR JAIL WALLS, AS BEING THE LOWEST AND BEST BID MEETINGS SPECIFICATIONS, IN THE AMOUNT OF $4,900.00, BUT REQUESTED THAT THE ADMINISTRATOR RESOLVE THE JAIL ROOFING PROBLEM FIRST. ADMINISTRATOR KENNINGS DISCUSSED WITH THE BOARD THE FOLLOWING LETTER RECEIVED FROM THE FLORIDA EAST COAST RAILWAY COMPANY AND SUGGESTED THAT WE ALLOW THEM TO REPLACE THE PAVING AND BILL THE COUNTY FOR IT. JUN 2 11978 87 �q �j c7'1J BOOK 35 fAuC ,L L7 m FLORIDA EAST COAST RAILWAY COMPANY ONE MALAGA STREET, ST. AUGUSTINE, FLORIDA 32084 Indian River County, Florida Board of County Commissioners Post Office Box 1028 Vero Beach, Florida 32960 Re: Wabasso Road. Gentlemen: June 20, 1978 File: 550 [MP 219 + 305911 7 CP The Florida East Coast Railway Company will be removing the side- track which formerly served Graves Brothers Company. According to the agreement dated April. 14, 1928, between the Railway and the County, Article 4, the County will bear the expense of removing and replacing any paving made necessary by changes in existing tracks or by the installation of ad- ditional tracks. Please advise if the County desires to replace the paving at the time the track is removed or have the Railway do the work and bill the County. Sincerely yours, R. W. TONDM Chief Engineer ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO INSTRUCT FLORIDA EAST COAST RAILWAY TO REPLACE THE PAVING DESCRIBED IN THEIR LETTER AND BILL THE COUNTY. COMMISSIONER DEESON INFORMED THE BOARD THAT THE YOUTH GUIDANCE VOLUNTEER COORDINATOR NEEDS A RESOLUTION APPROVING THE YOUTH GUIDANCE VOLUNTEER PROGRAM FOR THE COMING YEAR AND APPROVING APPLICATION FOR AN L.E.A.A. GRANT. HE NOTED THAT.THIS IS AN ANNUAL RESOLUTION, AND MRS. SAUERMAN NEEDS IT BY .DUNE 30TH. SOME DISCUSSION FOLLOWED ON THE INCREASE IN THE MATCHING FUNDS REQUIRED. 88 BOOK '35 PAG- 1.98 ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 78-46. 89 JUN 2x.1978 BOOK 35 PAGF I RESOLUTION NO. 78-46 WHEREAS, the Board of County Commissioners of Indian River County, Florida, herein called the "Applicant," -after thorough consideration of the problem and available data, has hereby determined that the project described below is in the best interests of the - general public: The Youth Guidance Volunteer Program is designed for children who are not yet classified as delinquent but are on the way. It is hoped that by utilizing the skills of a volunteer on a one-to-one basis, the child's needs can be met, therefore, preventing the child from having to go through with official court action and receiving a court record. With the use of the Volunteer Program the child's needs can be met by a Volunteer, diverting the child from the Juvenile Court and Division of Youth Services personnel, therefore freeing the Youth Counselor's time'to provide more efficient counseling to those children that need his professional skills; and WHEREAS, under the terms of Public Law 90-351, as amended, the United States of America has authorized the Law Enforcement Assistance Administration, through the Bureau of Criminal Justice Planning and Assistance, to make Federal Grants to assist local governments in the improvement of criminal justice; and .MHEREAS, the Applicant has examined and duly considered such Act and the Applicant considers it to be in the public interest and to its benefit to file an application under said Act and to authorize other action in connection therewith; 14014, THEREFORE, BE IT RESOLVED by the Board -of County Commissioners of Indian River County, Florida, in open meeting assembled in the Indian River County Courthouse, located in the City of Vero Beach, Florida the 21st day of June, 1978, as follows: 1. That the project generally described above is in the best interest of the Applicant and the general public. BOOK 35 PAGE 21,J0 • .2. That Jack G. Jennings, County Administrator, be hereby authorized to file in behalf of the Applicant an application in conformity with said Act, for a grant to be made to the Applicant to assist in defraying the cost of the project generally described above. -3. That if such grant be made, the Applicant shall provide or make necessary arrangements to provide such funds and/or in-kind contributions in addition to the grant as may be required by the Act to defray the cost of the project generally described above. 4. That said Jack G. Jennings, County Administrator, is hereby authorized to furnish such. information and take such other action as may be necessary to enable the Applicant to qualify for said grant. 5. That the Official designated in the preceding paragraph is hereby designated as the authorized representative of the Applicant for the purpose of furnishing to the Bureau of Criminal Justice Planning.and Assistance such information, data and documents pertaining to the application for said grant as may be required and otherwise to act as the authorized representative of the Applicant in connection with this application. -6. That certified copies of this resolution be included as part of the application for said grant to be submitted to the Bureau of Criminal Justice Planning and Assistance. -7. That if such grant be made, the Applicant, or Official designated in paragraph 4 above shall maintain'such records necessary and furnish such information, data and documents as.required by the Bureau of Criminal Justice Planning and Assistance to support the implementation of the project generally desctibed above. 8. That this resolution shall take effect immediately upon its adoption. DONE AND ORDERED in open meeting. ATTEST: BOARD OF COUNTY COMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By9 '11AJ AM : William C. Wod.tke Jr. Chai -rM n n 1 $ �7y'icl(on' lov--•Cc'Y Freda Wright,4 erk 0 JUN 2 11978 BOOK. 35 PA, Ur. _ 6 r FULLY EXECUTED ESCROW AGREEMENT BETWEEN THE COUNTY, URBAN DEVELOPMENT UTILITIES, INC., AND THE BEACH BANK OF VERO BEACH, IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF JUNE 7, 1978, JUN 2 11978 92 aooK 35 Face' 'j 2F I ESCROW AGREEMENT THIS AGREEMENT, Made the �� day of 1978, by and between INDIAN RIVER COUNTY, a political sub- division of the State of Florida, hereinafter referred to as "COUNTY"; URBAN DEVELOPMENT UTILITIES, INC., a Florida cor- poration, hereinafter referred to as "U.D.U.", and THE BEACH BANK OF VERO BEACH, a Florida corporation, hereinafter referred to as "BANK", their successors and assigns. WITNESSETH: WHEREAS, COUNTY is in the process of purchasing the assets of U.D.U.; and WHEREAS, U.D.U.IS assets are encumbered to UNITED STATES OF AMERICA acting through FARMERS HOME ADMINISTRATION, hereinafter referred to as "FARMERS HOME ADMINISTRATION", and, upon closing, FARMERS HOME ADMINISTRATION shall release all liens of record with the understanding that the escrowed funds, as set out herein, will be applied for the benefit of FARMERS HOME ADMINISTRATION, accord- ing to the terms of this Escrow Agreement; and WHEREAS, the Title Commitment as issued by Abstract and ♦Title Corporation of Florida, evidences an exception No. 7, lattached hereto and made a part of this Agreement; and WHEREAS, County has thoroughly reviewed this exception with all parties concerned and is prepared to file a law suit Ifor declaratory Decree to have the exception removed; and WHEREAS, COUNTY is unwilling to distribute all of the ,cash at closing until the exception has-been satisfied; NOW, THEREFORE, in consideration of mutual promises and iother monies in hand paid, the parties agree as follows: i 1. BANK agrees to act as Escrow Agent for the holding of `FORTY FIVE THOUSAND DOLLARS ($45,000.00).of the funds due from .,COUNTY to FARMERS HOME ADMINISTRATION, as U.D.U.IS assignee, :at the time of closing. Each of the parties to this Agreement consent to BANK acting as Escrow Agent on the following terms and conditions: LAW OFFICES OF COLLINS.' BROWN, VAN DE VOORDE & EVANS. CHARTERED P. O. BOX 3686 - 744 BEACHLAND BOULEVARD - VERO BEACH. FLORIDA 32960 PHONE 567.4360 A. O. J30X 266 - 220 NORTH U. u. NO. 1 - SEBASTIAN. FLORIDA 32958 PHONE 509-31Gd N 2 -11978 ,o BOOK 35 PAGE 203 I 4 A. From and after closing, BANK will hold for the benefit of FARMERS HOME ADMINISTRATION, as U.D.U.'S assignee, and COUNTY, a sum in the amount of FORTY FIVE THOUSAND DOLLARS ($45,000.00), which sum.shall beheld in an interest-bearing account. B. Upon the satisfactory resolution of Item 7 (attached Exhibit "A") either through final judgment or release, BANK shall distribute to FARMERS HOME ADMINIS- TRATION, as U.D.U.'S assignee, the FORTY FIVE THOUSAND DOLLARS ($45,000,00), plus accrued interest. C. In the event a final judgment is entered in favor of William Graham, the Assignee of the Mortgage assigned, then BANK shall distribute said funds according to the final judgment. If a judgment is entered against COUNTY -in favor of William Graham, in an amount less than FORTY FIVE THOUSAND DOLLARS ($45,000,00), then the balance of said escrowed account, after payment to William Graham, shall be paid to FARMERS HOME ADMINISTRATION, as U.D.U,'S assignee, and/or designated assigns. In the event a judgment is entered against COUNTY in an amount exceeding FORTY FIVE THOUSAND DOLLARS ($45,000»00), plus the accrued interest, then COUNTY shall be responsible for any amount over FORTY FIVE THOUSAND DOLLARS ($45,000.00). D. No money shall be distributed by BANK until after any applicable appeal periods have expired. 2. The parties to this Agreement.agree to hold BANK harmless and free from liability as Escrow Agent, and COUNTY agrees to pay such reasonable Escrow Agent fees as shall be charged by BANK. 3. COUNTY agrees to institute litigation immediately after closing and shall bear all costs incident to litigation. IN WITNESS WHEREOF, the duly authorized officers of INDIAN RIVER COUNTY, URBAN DEVELOPMENT UTILITIES, INC., and THE BEACH -2- LAW OFFICES, OF COLLINS. BROWN, VAN DE VOORDC & EVANS. CHARTERED P. O. BOX 3666 - 744 BEACHLAND 13OULEVAR0 - VERO REACH. FLORIDA 32960 PHONE 567.4360 P. O, 13OX 266 220 NORTH U. 9. NO. 1 • SEBASTIAN. FLORIDA 32958th PHONE Sno� '4156 BOQIi 35 PAGc 234 BANK OF VERO BEACH, have executed this Agreement the day and year first above written. Signed, sealed and delivered in the presence of: INDIAN RIVER COUNTY, FLORIDA Ccr BY William C. Wodtke, Jr.,/. airman Board of County Commissioners Attest: C/A', As t County Clerk, Circuit Court s URB DEVELPPMENT--UTILITIES, INC. B Attest: Astoto. BEACH B 0 ERO BEACH By Ir Attest: As to Bank The Farmers Home Administration concurs with this Agreement this day of1978. /J By j�� Title LAW OFFICES OF COLLINS, BROWN, VAN DE VOORDr- & EVANS, CHARTERED P, 0, AQX 3'5d@ 1 744 BE^CHLANn 13cIt-ILEVAND = VERO WEACH, FI-ORIDA 32009 rv1c*jFr sa-/-4aaa P. 0. BOX 2458 - 220 NORTH U, S. N.O. I - 8EVASTIAN, FLORIDA 32960 UN 1978 PHONE 509-3156 80% 35 m Ja f:gt4nit939nt. Schedul A 1966 Agent's File No. VB -12053 SCREDULE B — Section I Requirements Commitment No. 207494 The following are the requirements to be complied with: Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed and. duly filed for record, to -wit: , 1. Satisfaction of Financing Statements recorded in Official Record Book 302, Page 143 and Official Record Book 324, Page 109 and Official Record Book 467, Page 21, Public Records of Indian River County, Florida. 2. Satisfaction or Partial Release of that certain mortgage executed by Urban Development Utilities, Inc., to United States of America, acting through Farmers Home Administration, dated December 11, 1968, recorded in Official Record Book 302, Page 126 and re-recorded in Official Record Book 314, page 34, Public Records of Indian River County, Florida. 3. Satisfaction or.Partial Release of that certain mortgage executed by Urban Development Utilities, Inc., to United States of America, acting through Farmers Home Administration, dated August 5, 1969, recorded in Official Record Book 324, Page 103, Public Records of Indian River County, Florida. 4. 'Satisfaction or Partial Release of that certain mortgage executed by Urban Development Utilities, inc. to United States of America, acting through Farmers Home Administration dated May 31, 1974, recorded in Official Record Book 466, page 832, Public Records of Indian River County, Florida. 5. Execute and record Quit -Claim Deed from Keene Construction Co. to Urban Develop= went Utilities, Inc. conveying Parcel 3. 6. Partial Release of Parcel 3 from mortgage executed by Burks-Howder Co. to James W. West, Jr. dated February 17, 1966, recorded in Official Record Book 223, Page 232, Public Records of Indian River County, Florida. 7. Partial Release of Parcels 3 and 4, from Mortgage executed by Burks-Howder Co. to James W. West, Jr. dated May 11, 1964, recorded in Official Record Book 193 Page 138 and re-recorded in Official Record Book 193, Page 395, Public Records of Indian River County, Florida; said morpgage presently held by William E. Green, by Assignment of Mortgage recorded in Official Record Book 548, Page 132, Public Records of Indian River County, Florida. 8.• Execute and record Warranty Deed from Urban Development Utilities, Inc., -to Indian River County; EXHIBIT "A" I�I� 2 1978 BOOK 35 PAGE 206 THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 5:35 O'CLOCK P.M. AND RECONVENED AT 7:30 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. CHAIRMAN WODTKE CALLED THE MEETING TO ORDER AND ANNOUNCED THAT WE WILL NOW CONTINUE WITH THE PUBLIC HEARING ON THE COUNTY WATER AND SEWER ORDINANCE WHICH WAS RECESSED AT 11:15 THIS MORNING AND CONTINUED -UNTIL 7:30 P.M. ATTORNEY COLLINS STATED THAT IT IS HIS INTENT TO SEE WHICH WAY THE COMMISSION WANTS TO GO AND THEN TAILOR THE ORDINANCE ACCORDINGLY. CHAIRMAN WODTKE POINTED OUT THAT WE HAVE TO ADOPT AN ORDINANCE ESTABLISHING A RATE STRUCTURE FOR WATER AND SEWER FOR THE ENTIRE COUNTY - NOT JUST FOR THE UDU AREA. ATTORNEY COLLINS FELT THAT THIS IS APPROPRIATE AT THIS STAGE OF THE COUNTY'S DEVELOPMENT AND SAW NO REASON WHY THERE SHOULDN'T BE AN ORDINANCE THAT WILL APPLY UNIFORMLY THROUGHOUT THE COUNTY. CHAIRMAN WODTKE NOTED THAT WE HAVE PRETTY SPECIFIC GUIDELINES SET DOWN BY FHA AS FAR AS THE RATES ARE CONCERNED BASED UPON THE PURCHASE OF THE WATER SYSTEM AND THE*REPAYMENT OF THE LOAN TO FHA; ALTHOUGH HE FELT WE WANT TO GET IN SOME DISCUSSION ON THE RATES, THAT FIRST WE NEED TO TALK ABOUT THE OVERALL GENERAL PROVISIONS IN REGARD TO CONNECTIONS FOR WATER AND FOR SEWER. ATTORNEY COLLINS REVIEWED THE PROPOSED ORDINANCE AS FOLLOWS: SECTION 1. THE ATTORNEY NOTED THAT THE ORDINANCE AS DRAFTED IS PERMISSIVE AND STATES A PERSON "MAY" HOOK UP TO THE SYSTEM. HE EXPLAINED THAT A PROPERTY OWNER HAVING HIS OWN WELLS MAY NOT HAVE TO HOOK UP TO CITY WATER, BUT IF THEY HOOK UP TO THE SEWER SYSTEM, ATTORNEY COLLINS FELT THERE SHOULD BE A MANDATORY HOOK-UP TO CITY WATER, I.E.,.IF A PERSON HAS JUST WATER AND NO SEWER THERE WOULD BE -A CHOICE AS TO HOOKING UP TO CITY WATER. SECTION 2 AND 3. ATTORNEY COLLINS EXPLAINED THAT THESE SECTIONS TALK IN TERMS OF A -MANDATORY HOOK UP FOR SEWER FOR ANYONE 97 J U N 21.1978 BOOK 35 Fmcr 20 7 WITHIN ZOO FEET OF AN EXISTING LINE, BUT ONLY THROUGH EXISTING EASEMENTS. IN OTHER WORDS, IF A NEIGHBOR WOULD NOT GIVE YOU PERMISSION TO CROSS HIS PROPERTY, HOOK UP WOULD NOT BE MANDATORY. SECTION 4. ATTORNEY COLLINS INFORMED THOSE PRESENT THAT THE COUNTY, THE STATE AND FEDERAL AGENCIES ARE ALL EXTREMELY INTERESTED IN CURING THE SEWER AND WATER PROBLEM IN THE GIFFORD AREA, AND, THEREFORE, THIS SECTION DEALS IN TERMS OF MANDATORY REQUIREMENT AND WHAT THE COUNTY CAN DO TO MAKE SOMEONE HOOK UP FOR SEWER, INCLUDING TAKING THEM TO COURT. HE COMMENTED THAT THE COUNTY IS TRYING TO SOLVE A PROBLEM FOR THE GIFFORD AREA AND MUST HAVE COOPERATION. SECTION 5. THE ATTORNEY NOTED THAT THIS SECTION DEALS WITH THE RATE STRUCTURE, WHICH IS THE EXACT SAME RATE STRUCTURE PREVIOUSLY DISCUSSED AND AS REQUIRED BY THE BOND OBLIGATION. SECTION 6. THIS SECTION DEALS WITH UNLAWFUL CONNECTIONS. ATTORNEY COLLINS INFORMED THOSE PRESENT THAT THE ENGINEERS WHILE WORKING ON RENOVATION OF THE OLD SYSTEM HAVE DISCOVERED WHERE PEOPLE HAVE CONNECTED TO THE LINES AND DON'T PAY ANY RATES. SUCH A CONNECTION WOULD BE MADE A CRIME UNDER THIS ORDINANCE AND CAN BE PROSECUTED BECAUSE EVERYONE MUST PAY THEIR WAY. SECTION 7. THIS SECTION ESTABLISHES REQUIREMENTS TO HOOK UP TO THE SEWER SYSTEM AND PROVIDES THAT THERE CAN BE NO BUILDING OR REMODELING WITHIN ZOO' OF THE SYSTEM UNLESS THEY ARE HOOKED UP TO THE SEWER SYSTEM. ATTORNEY COLLINS NOTED THAT THE INTENT OF THIS ORDINANCE IS TO BRING AS MANY PEOPLE ON LINE AS POSSIBLE TO HANDLE . THE PROBLEM. SECTION S. THE ATTORNEY EXPLAINED ANOTHER PROBLEM THAT ARISES IS THAT SOME OF THE SEWER AND/OR WATER CONNECTIONS MAY HAVE OLD PLUMBING AND IF THIS WERE CONNECTED TO THE NEW SYSTEM, IT COULD CAUSE DAMAGE TO THE NEW SYSTEM. THEREFORE, THIS SECTION REQUIRES THAT THE PLUMBING BE CHECKED TO SEE IF IT MEETS CERTAIN STANDARDS. SECTION 9. THIS SECTION MAKES IT MANDATORY EITHER TO CONNECT TO THE SYSTEM OR HAVE A SEPTIC TANK. ATTORNEY COLLINS NOTED THAT THERE ARE SOME SECTIONS IN GIFFORD THAT HAVE NEITHER, AND WE VERY DEFINITELY WANT TO CURE THIS PROBLEM. jUH 2 11978 98 BOOK 35 PAU-r 208 SECTION 10. THIS IS A REAFFIRMATION OF SECTION 9 AS APPLYING TO A CORPORATION OR AN AGENT OWNING OR LEASING PREMISES. SECTION 11. THIS SECTION SETS STANDARDS FOR SEPTIC TANKS AND PROVIDES THAT NONE SHALL BE CONSTRUCTED WITHIN 200' OF THE SEWER LINE. SECTION 12. ATTORNEY COLLINS EXPLAINED THAT ONCE THE CON- NECTION IS MADE, THE PROPERTY OWNER WILL HAVE A CONTINUING OBLIGATION TO KEEP THE LINES CLEAR THAT LEAD TO THE SYSTEM. SECTION 13. THIS SECTION REQUIRES THE BILLS BE PAID BY THE 10TH OF THE MONTH AND BECOME DELINQUENT AFTER THE'20TH. THE ATTORNEY NOTED THAT THE COUNTY HAS NOT YET DECIDED ON THE PENALTY IN -EVENT OF A DELINQUENCY, WHICH PENALTY WILL APPLY TO BOTH SEWER AND/OR WATER. SECTION 14. ATTORNEY COLLINS EXPLAINED THAT THIS SECTION DEALS WITH A SITUATION WHERE AN OWNER HAS A PRIVATE WATER SUPPLY AND IS HOOKED UP TO THE SEWER SYSTEM, BUT HE FELT THIS WILL BE MODIFIED BECAUSE THE CITY OF VERO BEACH HAS CERTAIN STANDARDS FOR SEWAGE, AND ONE OF THEM IS THAT THE WATER THAT CARRIES THE SEWAGE THROUGH THE LINES HAS TO BE TREATED WATER. SECTION 15. THIS SECTION DEALS WITH MAINTAINING THE PLUMBING SYSTEM FROM THE PROPERTY OWNER'S HOUSE TO THE SEWER MAIN. SECTION 16. ATTORNEY COLLINS NOTED THAT THERE WILL BE NO FREE WATER OR SEWAGE CONNECTIONS ON THE ENTIRE SYSTEM. EVERYBODY WILL PAY THEIR FAIR SHARE WHETHER IT IS THE COUNTY THAT HAS A BUILDING OR AN INDIVIDUAL THAT HAS A HOUSE. SECTION 17. THIS SECTION REQUIRES SEPARATE CONNECTIONS AND SEPARATE METERS FOR EACH RESIDENTIAL UNIT, WHICH ATTORNEY COLLINS FELT MIGHT PRESENT SOME PROBLEMS AND REQUIRE SOME FURTHER WORK. SECTION 18. ATTORNEY COLLINS NOTED THAT THIS IS A TOUGH PENALTY SECTION, AND IT WILL BE ENFORCED IF ABUSES DO OCCUR. SECTION 20. ATTORNEY COLLINS EXPLAINED THAT THIS PROVIDES FOR AN EFFECTIVE DATE AND THE BOARD CAN EITHER MAKE THE ORDINANCE EFFECTIVE NOW AND THE RATES EFFECTIVE WHEN THE SEWER AND WATER SYSTEMS ARE ON LINE OR MAKE THE ORDINANCE EFFECTIVE WHEN THE SYSTEM IS ON LINE. JUN 21 1978 99 BOOK 35 mr 209 ATTORNEY COLLINS NOTED THAT THE PROPOSED ORDINANCE HAS SOME FAIRLY TOUGH MANDATORY PROVISIONS, BUT HE FELT IT IS WORKABLE AND THAT WE CAN ACCOMPLISH WHAT WE ALL HAVE BEEN WORKING FOR BY THIS ORDINANCE. CHAIRMAN WODTKE ASKED IF THE CONSULTANTS WOULD LIKE TO ADD ANYTHING AT THIS TIME. ENGINEER BEINDORF COMMENTED THAT HE HAD UNDERSTOOD WE WERE GOING TO HAVE A METER FOR EACH BUILDING INSTEAD OF EACH UNIT AND FELT MONITORING EACH BUILDING RATHER THAN EACH UNIT IN THE BUILDING SHOULD BE CONSIDERED. COMMISSIONER SIEBERT ASKED IF THIS WOULDN'T REDUCE THE COST TO EACH UNIT. ENGINEER BEINDORF STATED THAT THIS IS PRETTY MUCH STANDARD PRACTICE. HE INFORMED THE BOARD THAT THE CITY DOES IT, AND IN VISTA ROYALE THERE IS A MONITOR FOR EACH BUILDING. ATTORNEY COLLINS NOTED THAT YOU COULD JUST MULTIPLY THE NUMBER OF UNITS TIMES THE SEWAGE CHARGE, AND ENGINEER BEINDORF AGREED THAT CAN BE DONE FOR THE SEWER CHARGE, BUT THE WATER IS A BIT MORE OF A PROBLEM. COMMISSIONER SIEBERT STATED THAT HE IS NOT CONCERNED ABOUT MAKING MORE MONEY, BUT JUST WANTS TO BE FAIR TO ALL AND NOT HAVE SOME PAY LESS THAN OTHERS JUST BECAUSE THEY LIVE IN APARTMENTS. HE ASKED IF HE IS CORRECT IN ASSUMING THAT IF SOMEBODY IS ON THE SEWER SYSTEM THEY WOULD HAVE TO BE ON THE WATER SYSTEM ALSO. ENGINEER BEINDORF STATED THAT IT WOULD HAVE TO BE THIS WAY IN ORDER TO MAINTAIN THE QUALITY OF -THE WATER, AND ALSO, IF THEY ARE NOT ON WATER, YOU HAVE NO WAY TO BILL AND COLLECT FOR THE SEWAGE BECAUSE YOU CAN T CUT THE SEWER OFF. COMMISSIONER SIEBERT FELT WE SHOULD MOVE IN THE DIRECTION OF SAYING IF YOU ARE ON THE SEWER SYSTEM, WATER CONNECTION IS MANDATORY, AND ENGINEER BEINDORF AGREED, COMMISSIONER SIEBERT ASKED IF THERE IS SUFFICIENT CAPACITY TO HANDLE EVERYONE WITHIN 200' OF THE EXISTING WATER LINE. ENGINEER BEINDORF STATED THAT BASED ON THEIR REPORT AND.WITH. JUN 211978 100 BOOK 35 PAGF 210 THE PRESENT ALLOCATION, HE BELIEVES THE CAPACITY WOULD SUFFICE FOR THE PRESENT USERS AND THE FUTURE TOO. COMMISSIONER SCHMUCKER FELT THERE COULD BE ALL SORTS OF PROBLEMS WITH REQUIRING HOOK—UP WHEN SOMEONE IS WITHIN 200' OF THE LINE WHICH HE NOTED COULD BE IN THE NEXT BLOCK OVER. ENGINEER BEINDORF POINTED OUT THAT THIS IS COVERED BECAUSE HOOK—UP IS ONLY MANDATORY IF YOU HAVE PERMISSION TO USE EXISTING EASEMENTS. HE NOTED THE INTENT IS TO GET EVERYBODY WITHIN A CERTAIN DISTANCE OF THE LINE TO TIE IN. COMMISSIONER SIEBERT ASKED IF THE PEOPLE COMMITTED TO HOOK ONTO THAT LINE NOW ARE SUFFICIENT TO CARRY THE SYSTEM, AND ENGINEER BEINDORF STATED THAT BASED ON THE PRESENT CUSTOMERS, THEY ARE. COMMISSIONER SIEBERT INQUIRED IF THE PEOPLE PRESENTLY ON THE SYSTEM ARE COMMITTED TO STAY ON IT, AND ENGINEER BEINDORF SAID HE WOULD ASSUME'SO BECAUSE THEY DON'T HAVE ANY SEPTIC TANKS AND HE DID NOT BELIEVE THE BOARD OF HEALTH WOULD ALLOW A SEPTIC TANK WHEN THEY ARE ON A SANITARY SEWER SYSTEM. DISCUSSION FOLLOWED IN REGARD TO THE NUMBER OF CUSTOMERS ON THE SYSTEM, AND ENGINEER BEINDORF STATED THAT AT THE TIME THEY DID THEIR REPORT, THERE WERE 535 CUSTOMERS, AND THOSE CUSTOMERS WOULD BE NEEDED. ATTORNEY COLLINS NOTED THAT WE HAVE MADE AFFIRMATIVE REPORTS TO THE FHA TO JUSTIFY THE LOAN THAT THERE WOULD BE 490 CUSTOMERS. CHAIRMAN VIODTKE DISCUSSED SECTION 5, PARAGRAPH C., WHICH STATES THAT THE BOARD CAN ENTER INTO CONTRACTS WITH LARGE USERS OF WATER AND NOTED THAT HE ACTUALLY IS OPPOSED TO THIS, BUT CAN SEE AN AREA WHERE A DIFFERENT RATE STRUCTURE MIGHT BE NECESSARY, FOR INSTANCE, WITH REGARD TO THE SCHOOLS AS HE WOULDN'T WANT THE SCHOOLS TO PAY JUST $7.50 A MONTH FOR SEWER. COMMISSIONER SIEBERT ASKED FOR AN EXAMPLE OF WHERE THE BOARD MIGHT WANT TO NEGOTIATE WITH A WATER USER, AND CHAIRMAN WODTKE STATED THAT HE COULDN'T THINK OF ANYWHERE WE MIGHT WANT TO NEGOTIATE ON WATER BECAUSE WE ARE GOING TO PAY THE SAME AMOUNT FOR THE WATER, WHETHER IT IS 750,000 GALLONS OR OVER 100, 000. JON 211978 101 BOOK 35 PAcr 211 COMMISSIONER LOY NOTED THAT WITH THE GREAT EMPHASIS BEING PLACED ON CONSERVATION, WE ARE NOW DISCOURAGING LARGE USERS OF UTILITIES@ IN REGARD TO LARGE USERS, SUCH AS SCHOOLS, ENGINEER BEINDORF INFORMED THE BOARD THAT THEY HAVE OVERCOME THIS PROBLEM IN OTHER AREAS BY CHARGING BASED ON THE NUMBER OF FIXTURE UNITS@ HE NOTED IT ALSO COULD BE BASED ON WATER USAGE AND FURTHER SUGGESTED THE POSSIBILITY OF SETTING UP DIFFERENT RATES FOR DIFFERENT CATEGORIES COMMERCIAL, INSTITITIONAL, INDUSTRIAL, ETC., BUT POINTED OUT THAT MANY INDUSTRIES ARE NOT BIG USERS OF WATER. CHAIRMAN WODTKE FELT THE FAIREST WAY WOULD BE BASED ON THE WATER USAGE, RATHER THAN ON A FIXTURE BASIS, ESPECIALLY IN THE SUMMER MONTHS. LEON YOUNG INFORMED THE BOARD THAT UDU ASSESSED THE SCHOOL $25.00 FOR THE FIRST 10,000 GALLONS AND THEREAFTER 4N PER EACH ADDITIONAL 1,000 GALLONS. MR. YOUNG STATED THAT HE DIDN'T NOTICE ANYTHING IN THE RATE STRUCTURE MAKING IT SPECIFIC WHETHER THE RATE WAS FOR A 2" METER OR FOR A LARGER ONE. HE NOTED THAT THEY HAVE ABOUT EIGHT DIFFERENT SIZE METERS ON THE SYSTEM, AND HE FELT THIS SHOULD BE DEALT WITH SPECIFICALLY. CHAIRMAN WODTKE ASKED THE ENGINEER IF THERE NORMALLY IS A DIFFERENT CHARGE FOR DIFFERENT SIZE METERS, ENGINEER BEINDORF-STATED THAT DIFFERENT SYSTEMS HAVE DIFFERENT. METHODS, BUT HE DID NOT FEEL THERE NORMALLY WOULD BE. HE POINTED OUT THAT BASICALLY , REGARDLESS OF METER SIZE, WE ARE ON A GALLONAGE BAS IS@ CHAIRMAN WODTKE INFORMED PIR, YOUNG THAT OBVIOUSLY THE CHARGE FOR THE METER AND THE INSTALLATION WOULD VARY.A000RDING TO SIZE OF THE. METER, BUT THOSE CHARGES WILL BE COVERED.BY A RESOLUTION RATHER THAN IN THE ORDINANCE SIMPLY BECAUSE THOSE COSTS ARE VARIABLE AND IT IS A LOT EASIER TO CHANGE A RESOLUTION THAN AN ORDINANCE. HE THEN ASKED IF THE BOARD HAD ANY SUGGESTIONS FOR THE ENGINEER AND THE ATTORNEY BECAUSE HE FELT WE ARE GOING TO HAVE TO COME BACK WITH A REVISED DRAFT OF THE ORDINANCE BEFORE IT IS ACTUALLY ADOPTED. COMMISSIONER SIEBERT STATED THAT HE FIRST WOULD LIKE TO HEAR 'Ju it 2102 8COK 35 PAcr, 212 FROM.THE PUBLIC, ESPECIALLY IN REGARD TO THEIR FEELINGS ON MANDATORY OR PERMISSIVE CONNECTION. HE POINTED OUT THAT WHETHER RATES GO UP OR DOWN IS VERY DEPENDENT ON HOW MANY CUSTOMERS WE -HAVE AND THE EXPENSE OF THE SERVICE WILL BE LARGELY DEPENDENT UPON THE SUCCESS OF WHAT WE HAVE NOW. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. VICTOR HART OF GIFFORD STATED THAT HIS QUESTION WOULD BE ON THE'J)ATE THAT THE ORDINANCE WOULD COME INTO EFFECT. HE NOTED THAT IF THE RATE THAT WE ARE DISCUSSING NOW IS SET UP ON THE WATER THAT IS GOING TO BE SUPPLIED BY THE CITY, THEN HE WOULD FEEL THAT, BEFORE THE RATE GOES INTO EFFECT, THE WATER SHOULD START PUMPING INTO THE LINE FROM THE CITY BECAUSE IT WOULD BE UNFAIR TO PAY THIS KIND OF RATE FOR THE SERVICE THEY ARE GETTING NOW. MR. HART CONTINUED THAT IF WE ARE GOING TO TALK ABOUT MANDATORY SERVICE, WE HAVE TO THINK ABOUT WHETHER WE ARE GOING TO PUT ALL THE COMMUNITY ON THE SYSTEM AT THE SAME TIME. HE NOTED THAT THERE ARE AREAS THAT DONT HAVE THE WATER LINE NOW. CHAIRMAN WODTKE FELT IT HAD BEEN PRETTY WELL UNDERSTOOD THAT THE RATES WILL NOT GO INTO EFFECT UNTIL THE SYSTEM IS RENOVATED AND THE NEW WATER IS GOING THROUGH TFE LINES, AND THE BOARD AGREED THAT THIS IS THE WAY IT SHOULD BE. COMMISSIONER SIEBERT EXPLAINED THAT CONNECTION WILL ONLY BE MANDATORY FOR THOSE WITHIN 200' OF THE LINE. CHAIRMAN WODTKE AGREED THAT THIS IS THE WAY IT WILL.BE NOW, AND NOTED THAT WE DO NOT HAVE ANY MONEY TO EXPAND THE SEWER SYSTEM AT THIS TIME. HE AND COMMISSIONER SIEBERT BOTH AGREED THAT WHEN PEOPLE HOOK UP TO THE SEWER, THEY MUST HOOK UP FOR WATER TOO. DELORES ANDERSON INQUIRED ABOUT MAINTENANCE OF THE PLUMBING SYSTEM AND ASKED IF THIS IS THE PLUMBING THAT IS GOING INTO THE HOUSE RATHER THAN THE PIPE LINE OFF OF THE PROPERTY. ATTORNEY COLLINS STATED THAT THE COUNTY IS RESPONSIBLE FOR THE BIG LINES THAT GO IN FRONT OF SOMEONE IS PROPERTY, BUT THE HOME OWNER IS RESPONSIBLE FOR THE LINE THAT HOOKS ONTO THE MAIN LINE AND GOES UP TO THE HOUSE. 103 JUN2 1978 BOOK 35 Pacr. 213 MRS. ANDERSON NOTED THAT IT ALSO WILL BE REQUIRED THAT THE PLUMBING IN THE HOUSE BE INSPECTED AND MEET CERTAIN STANDARDS BEFORE IT CAN BE HOOKED UP. SHE ASKED IF THERE IS A TIME LIMIT ON THIS AND WHETHER THE PLUMBING WILL HAVE TO BE UP TO STANDARD BY THE 29TH OF AUGUST. ATTORNEY COLLINS STATED THAT HE ASSUMED THE COUNTY WILL TRY TO HANDLE THIS IN A REASONABLE MANNER AND THAT THERE WILL BE PLENTY OF TIME TO GET PLUMBING FIXED BEFORE HOOK—UPS OCCUR. MRS. ANDERSON NOTED THAT THE COUNTY IS TAKING OVER UDU AND ASKED WHO THEY GO TO NOW IF THEY HAVE ANY GRIEVANCES, AND ATTORNEY COLLINS STATED THAT LEON YOUNG IS STILL THE MAN TO TALK TO. CHAIRMAN WODTKE ASKED WHETHER HOME OWNERS ARE RESPONSIBLE FOR THE SERVICE LINES ALL THE WAY OUT TO THE MAIN LINE OR JUST TO THEIR PROPERTY LINE. ATTORNEY COLLINS STATED THAT WHERE THE LINES ARE ON PRIVATE PROPERTY, IT IS THEIR RESPONSIBILITY, AND THAT WITH THE WATER, IT WOULD BE FROM THE WATER METER TO THE HOUSE, GEORGE YORK, KNOWN AS "TINY," PRESIDENT OF THE GIFFORD JAYCEES, SAID THAT HE UNDERSTOOD THERE IS GOING TO BE A CHARGE OF $200.00 FOR HOOK UP FOR THOSE IN THE COMMUNITY WHO ARE NOT ALREADY ON UDU, AND THOSE ALREADY 144VING THIS HOOK UP TO THEIR HOUSE WILL ONLY HAVE TO PAY $15.00 TO GET THE WATER SERVICE. CHAIRMAN WODTKE EXPLAINED THAT THE $15.00 IS A DEPOSIT FEE THAT EVERYBODY WILL HAVE TO PAY. IF THEY ARE ON THE SYSTEM NOW AND HAVE A DEPOSIT WHICH HAS NOT BEEN REFUNDED, IT WILL BE TRANSFERRED OVER. THE CHAIRMAN CONTINUED THAT BY RESOLUTION AN INSTALLATION FEE WILL BE SET UP FOR THE WATER METER AND FOR SEWER HOOK UP. THAT WILL NOT BE DONE IN THIS ORDINANCE, BUT THE $200.00 CHARGE HAS BEEN GREATLY DISCUSSED AND HAS BEEN SET FOR A STANDARD METER. THE $200.00 FEE IS FOR.ANY NEW CUSTOMERS. CHAIRMAN WODTKE POINTED OUT THAT IF SOMEONE 'HAD WANTED TO TIE INTO THE UDU SYSTEM BEFORE THE COUNTY PURCHASED IT, THEY. WOULD HAVE HAD TO PAY A CONNECTION FEE OF $250. HE STATED THAT THE $200.00 CONNECTION FEE COVERS THE COST OF THE METER AND THE IN— STALLATION CHARGE AND IS A ONE TIME NON—REFUNDABLE CHARGE THAT MUST BE PAID BY THE OWNER OF THE PROPERTY. Booz 35 FAuc 214 MR. YORK NOTED THAT HE HAS HIS METER SO HE IS LUCKY AND CAN GET THE SERVICE FOR $15.00, BUT MANY PEOPLE IN THE COMMUNITY DONT HAVE THIS CONVENIENCE. HE POINTED OUT THAT THERE ARE MANY PEOPLE WHO CAN T AFFORD THE $200.00 CHARGE, AND HE FELT THERE SHOULD BE SOME WAY THAT THIS SYSTEM CAN BE RUN WHERE EVERYBODY CAN CUT INTO THE LINE AND PUT IT ON THEIR MONTHLY BILL ACCORDING TO THE CAPACITY THEY USE. COMMISSIONER SIEBERT'STATED THAT, IN OTHER WORDS, MR. YORK IS SAYING RAISE THE RATE AND NOT HAVE AN ADDITIONAL CONNECTION FEE. THE COMMISSIONER NOTED THAT WOULD NOT BE FAIR TO THE PEOPLE WHO HAVE ALREADY PAID. CHAIRMAN WODTKE NOTED THAT ALL THE MONEY WE ARE BORROWING FROM FHA, THE GRANT FROM FHA, THE EDA GRANT, AND THE FEDERAL REVENUE SHARING FUNDS - THIS ALL IS BEING UTILIZED TO RENOVATE THE OLD WATER SYSTEM, TO MAKE THE INITIAL CORRECTION AND ELIMINATE THE PROBLEM WITH THE WASTE WATER TREATMENT PLANT, AND WE ARE GOING TO TAKE THESE DOLLARS AND EXPAND THE SYSTEM AS FAR AS WE CAN. NONE OF THESE MONIES ARE FOR METERS. THE CHAIRMAN CONTINUED THAT, BASED ON THE BIDS RECENTLY OPENED, THE COST OF THE METER (THE INSTALLATION, THE LABOR, THE PIPE, ETC.) ACTUALLY CAME TO $202.00; THERE IS NO PROFIT INCLUDED AT ALL, IT IS A CHARGE THAT HAS TO BE MADE FOR EACH CONNECTION, AND THE $200.00 CHARGE FOR CONNECTION IS $50.00 LESS THAN UDU WAS CHARGING. HE STATED THAT THE BOARD HAS GONE ON RECORD AS BEING RECEPTIVE TO SOME METHOD OF PAYMENT WHICH WILL NOT REQUIRE THIS CHARGE TO BE PAID IN ONE LUMP SUM. THE CHAIRMAN INFORMED THOSE PRESENT THAT THE ADVISORY COMMITTEE PASSED A RESOLUTION REQUESTING THAT THE MINIMUM DEPOSIT BE NO HIGHER THAN $50.00 AND THAT MONTHLY PAYMENTS BE ALLOWED OVER 12 MONTHS, OR LONGER IF POSSIBLE, SO THAT THIS WOULD NOT BE A REAL BURDEN. THE CHAIRMAN NOTED THAT MR. YORK'S SUGGESTION WOULD MAKE PEOPLE ALREADY ON THE SYSTEM PAY FOR SOMEBODY ELSE IS METER. MR. YORK POINTED OUT THAT THE EXPENSE OF RUNNING A LINE FROM THE HOUSE TO THE METER WOULD PROBABLY RUN $125.00 IN ADDITION TO THE $200.00 CHARGE, PLUS THE FEE FOR PLUMBING INSPECTION, WHICH ALL ADDS UP TO QUITE A RESPONSIBILITY FOR THE PEOPLE OF GIFFORD, AND HE FELT ALL SHOULD SUFFER TOGETHER TO TRY TO WORK THIS OUT. U 105 BOOK 35 PAGE 215 CHAIRMAN WODTKE NOTED THERE ARE SOME PROGRAMS THAT MAY BE ABLE TO HELP, SUCH AS THE ECONOMIC OPPORTUNITIES COUNCIL'S WEATHERIZA- TIQN PROGRAM. HE HOPED THAT WHEN WE DO GET TO THOSE CASES WHERE THERE WOULD BE AN EXTREME BURDEN, THAT SOME PROGRAM WOULD BE FOUND THAT COULD HELP. HE NOTED THAT THE PROBLEM WE HAVE IS THAT WE MUST SET UP AN ORDINANCE THAT MUST BE EFFECTIVE AND ON AN EQUAL BASIS TO EVERYONE, IN ADDITION, WE MUST OPERATE TO MEET OUR MORTGAGE, BUT NOT TO MAKE A PROFIT, AND WE MUST SET THE RATES SO THESE DOLLARS CAN BE PAID BACK. OBVIOUSLY AS THE SYSTEM GROWS, IT WILL HAVE AN AFFECT ON THE RATES AND POSSIBLY DECREASE THEM. CHAIRMAN WODTKE STATED THAT, IN THE MEANTIME, THIS IS THE WAY WE MUST G0, AND HE FELT IT WILL BENEFIT EVERYONE IN THIS AREA TO MAKE THIS SUCCESS AS QUICKLY AS POSSIBLE BY GETTING AS MANY PEOPLE ON LINE AS POSSIBLE. JIMMIE HOLT INQUIRED ABOUT THOSE SEPTIC TANKS THAT ARE ALREADY EXISTING, AND ATTORNEY COLLINS STATED THAT IF THERE IS AN EXISTING SEPTIC TANK, HE DID NOT FEEL THE COUNTY CAN FORCE THE OWNER TO ABANDON HIS USE OF IT. MR. HOLT THEN NOTED THAT A PROPERTY OWNER IS SUPPOSED TO BE RESPONSIBLE FOR ANY LINES FROM THE WATER METER BACK AND NOTED THAT HE HAS FOUND WHERE TWO LINES ARE HOOKED ON TO THE ONE ON HIS PROPERTY ILLEGALLY AND ASKED WHAT WOULD BE DONE ABOUT THIS. CHAIRMAN WODTKE STATED THAT IS SOMETHING THAT WILL HAVE TO BE CORRECTED, AND THE ENGINEERS AND MR. YOUNG WILL WORK WITH MR. HOLT ON THIS SITUATION. DELORES ANDERSON NOTED THAT SOME OF THE PROPERTY OWNERS IN GIFFORD OWN MORE THAN ONE STRUCTUREi SHE STATED THAT SHE LIVES IN ONE HOME AND RENTS ANOTHER AND ASKED, IF SHE HAS TO PAY TO HOOK UP BOTH IF SHE WOULD GET A DISCOUNT. CHAIRMAN WODTKE STATED THAT SHE WOULD HAVE TO PAY FOR EACH RESIDENCE AND AT THE SAME RATE. COMMISSIONER SIEBERT NOTED THAT NO ONE SO FAR HAS EXPRESSED AN.OPINION IN REGARD TO MANDATORY OR PERMISSIVE HOOK UP. MR. HOLT STATED THAT HE FELT IN THE INTEREST OF THE HEALTH OF THE PEOPLE IN THE COMMUNITY, HOOK UP SHOULD BE -MANDATORY. HE NOTED THAT THEY HAVE A LOT OF UNSANITARY CONDITIONS EXISTING AND IF 106 BOOK 3 5 PAGF 2l 8 POSITIVE STEPS ARE NOT TAKEN, THEY WON `T BE ABLE TO CURE THESE CONDITIONS. HE SUGGESTED THAT IF THE HEALTH DEPARTMENT DETERMINES THAT A SEPTIC TANK OR WELL DOES NOT MEET HEALTH STANDARDS, HOOK UP TO SYSTEM SHOULD BE MADE MANDATORY. REVEREND DON BROWN ASKED IF THE SEWER RATE OF $7.50 PER MONTH WOULD BE MANDATORY FOR ONE YEAR OR TWO YEARS. CHAIRMAN WODTKE NOTED THAT THIS RATE WOULD BE IN EFFECT UNTIL THE BOARD CHANGED IT, AND HE FELT ANY CHANGE WOULD DEPEND UPON THE ACTIVITY ON THE SYSTEM AND THE RESULTS DETERMINED FROM THE FIRST YEAR `S OPERATION. THE CHAIRMAN FELT THIS RATE WOULD BE IN EFFECT AT LEAST FOR THE FIRST YEAR, BUT SUBJECT TO REVISION AT ANY TIME BASED UPON WHETHER THE REVENUE IS THERE TO PAY OFF THE DEBT. HE CONTINUED THAT THIS RATE IS BASED UPON ONLY THE PRESENT USERS AND THAT SHOULD GENERATE SUFFI- CIENT DOLLARS TO PAY BACK FHA. IF, HOWEVER, THE NUMBER OF CUSTOMERS SHOULD DOUBLE, THE PAYMENT TO FHA STILL WILL BE THE SAME AND THERE WOULD BE EXCESS MONEY THAT COULD BE CONSIDERED IN REDUCING THE COST OF THE SERVICE. LEON YOUNG STATED THAT HE HAS HAD THE CHANCE TO SERVE ON THE GIFFORD WATER AND SEWER ADVISORY COMMITTEE AND IS ON RECORD AS BEING STRONGLY OF THE OPINION THAT MANDATORY HOOK UP IS NECESSARY. HE AGREED THAT THE HOOK UP FEE MIGHT BE HIGH FOR SOME OF THE PEOPLE, BUT POINTED OUT THAT THE RATE OF SICKNESS IN THE AREA IS HIGH ALSO. HE FELT THEY MUST PUT PRIORITY ON THE RIGHT VALUES, AND THAT THE LIVES AND HEALTH OF THE PEOPLE OF THE COMMUNITY ARE MORE IMPORTANT THAN DOLLARS AND CENTS. MR. YOUNG CONTINUED THAT THE WATER CONDITION IN HIS AREA IS VERY BAD, AND IN A SURVEY TAKEN, 20% OF THE WATER WAS FOUND TO BE CONTAMINATED. HE POINTED OUT THAT THERE ARE TENANTS IN RENTAL APARTMENTS THAT VERY MUCH DESIRE GOOD DRINKING WATER, BUT WOULD PROBABLY NOT BE ABLE TO GET IT BECAUSE OF THE RELUCTANCE OF THE LAND- LORD TO HOOK UP TO THE SYSTEM, AND HE FELT THESE PEOPLE MUST BE SAFEGUARDED. MR. YOUNG FELT THAT MANDATORY HOOK UP IS THE ONLY WAY MANY OF THE RESIDENCES IN THE AREA'WILL GET GOOD TREATED WATER, AND FOR THE SAKE OF THEM ALL, HE HOPED THAT THE COMMISSION WILL MAKE THIS A REALITY. HEP -STATED THAT THEY ARE DETERMINED THAT THIS SYSTEM AS IT IS COMING IN NOW WILL BECOME A GOOD, FINANCIALLY -SOUND, WORKABLE SYSTEM. 107 Bm 35 FAcr 211 COMMISSIONER SCHMUCKER FELT THAT THERE ARE A GREAT MANY PEOPLE LOCATED ON THE PRESENT LINES THAT ARE NOT HOOKED ON TO THEM, AND ENGINEER BEINDORF AGREED THAT THERE ARE PROBABLY ABOUT 300 UNITS OF SOME SORT THAT COULD BE ADDED ONTO THE PRESENT SYSTEM. COMMISSIONER SIEBERT RETURNED THE DISCUSSION TO PAYMENT OF BILLS AND FELT THERE MUST BE EITHER A PENALTY OR A DISCOUNT OR SOME SORT OF INCENTIVE TO MAKE PEOPLE PAY THEIR BILLS ON TIME. HE NOTED THAT THE CITY OF VERO BEACH DOES NOT DISCONNECT SERVICE UNTIL A SECOND NOTICE AND FELT THE COUNTY SHOULD FOLLOW THIS SAME POLICY. CHAIRMAN WODTKE ASKED ABOUT A RECONNECTION FEE, AND ENGINEER BEINDORF SAID HE FELT IT SHOULD BE $20.00. VICTOR'HART ASKED IF THEY WERE TALKING ABOUT $20.00 TO LOCK THE METER OR TO TAKE THE METER OUT. BY A RECONNECTION FEE. HE WAS NOT CLEAR WHAT THEY MEANT COMMISSIONER SIEBERT STATED THAT IF WATER SERVICE IS TURNED OFF FOR NON-PAYMENT OF THE BILL, IT WILL COST $20.00 TO HAVE IT TURNED BACK ON. MR. HART FELT SUCH A CHARGE WAS WAY OUT OF LINE AND STATED THAT HE DID NOT KNOW OF ANOTHER UTILITY SYSTEM IN THE STATE THAT CHARGED THIS MUCH. IT WAS POINTED OUT THAT THE CITY OF VERO BEACH CHARGES EVEN MORE, AND ALSO THAT THERE WOULD BE THREE TRIPS INVOLVED WITH GIVING NOTICE, LOCKING AND UNLOCKING THE METER. DELORES ANDERSON ASKED IF A LATE FEE WOULD BE ON THE WATER AND SEWER SEPARATELY OR ON THE TOTAL BILL AND WAS INFORMED THAT IT WOULD BE ON THE TOTAL BILL. ATTORNEY COLLINS FELT THE MAIN ISSUE IS WHETHER HOOK UP SHOULD BE MANDATORY, AND COMMISSIONER DEESON SUGGESTED THAT THE BOARD ASK THOSE PRESENT TO INDICATE THEIR FEELINGS WITH A SHOW OF HANDS. COMMISSIONER LOY ASKED HOW MANY PRESENT WERE IN FAVOR OF .MANDATORY HOOK UP, AND THE MAJORITY OF THOSE PRESENT RAISED THEIR HANDS, A LADY IN THE AUDIENCE WHO RAISED HER HAND IN OPPOSITION STATED THAT SHE FELT THE PEOPLE IN THE AREA SHOULD FIRST BE GIVEN A CHANCE AND THEN THE BOARD SHOULD MAKE IT MANDATORY IF THEY HAD TO. 108 Boon 35 PAGr 218 JUN 2 11978 VICTOR HART AGREED THAT POSSIBLY THE PEOPLE SHOULD BE GIVEN THIS OPTION. HE SUGGESTED THAT THE WATER BE MADE AVAILABLE FOR A CERTAIN NUMBER OF MONTHS AND IF A CERTAIN FIGURE IS NOT REACHED AFTER THAT TIME, THE BOARD WOULD HAVE NO ALTERNATIVE EXCEPT TO MAKE IT MANDATORY, COMMISSIONER SCHMUCKER FELT IT MUST EITHER BE MANDATORY OR NOT, AND POINTED OUT THAT MAKIN& IT MANDATORY WOULD ASSURE THE SUCCESS OF THE SYSTEM. REVEREND BROWN NOTED THAT THE PEOPLE OF HIS AREA HAVE WORRIED THE BOARD FOR YEARS ABOUT GETTING WATER AND NOW THAT IT IS GOING TO BE AVAILABLE, HE FELT IT SHOULD BE MANDATORY FOR EVERYBODY, AND IN ADDITION, THIS.WOULD MAKE HIS RATES COME DOWN. DELORES ANDERSON NOTED THAT IF HOOK UP IS NOT MADE MANDATORY A LOT OF PEOPLE WHO ARE RENTING PROPERTY WON'T DO IT, AND IF YOU ARE GOING TO IMPROVE THE SITUATION, YOU HAVE GOT TO START SOMEWHERE. COMMISSIONER SIEBERT ASKED WHEN WE SHOULD BE ABLE TO TURN ON THE WATER, AND ENGINEER BEINDORF STATED LATE AUGUST OR EARLY SEPTEMBER. COMMISSIONER SIEBERT THEN SUGGESTED THAT UP UNTIL JANUARY IST IT WOULD BE PERMISSIVE, BUT AS OF JANUARY IST IT WOULD BECOME MANDATORY, WHICH WOULD GIVE THE PEOPLE SOME TIME TO WORK WITH. CONVERSATION CONTINUED IN REGARD TO DIFFERENT OPTIONS AND METHODS OF PAYMENT, AND CHAIRMAN WODTKE ASKED IF THE BOARD WISHED TO REDRAFT AND READVERTISE OR JUST CONTINUE THE MEETING TO A LATER DATE. COMMISSIONER LOY NOTED THE ORDINANCE MUST BE WORKED ON, AND ATTORNEY COLLINS STATED THAT HE.000LD HAVE IT READY BY THE NEXT MEETING. COMMISSIONER LOY THEN SUGGESTED THAT WE RECESS THE PUBLIC HEARING AND CONTINUE IT TO THE NEXT MEETING TO GO OVER THE CHANGES MADE. ATTORNEY COLLINS ASKED IF WATER OR SEWER OR EACH IS GOING TO BE MANDATORY. COMMISSIONER SIEBERT STATED THAT HE WOULD LIKE TO HAVE THE NEXT DRAFT HAVE MANDATORY PROVISIONS FOR BOTH. CHAIRMAN'WODTKE AGREED THAT AS SEWER BECOMES AVAILABLE IT MUST BE MANDATORY, BUT STATED THAT HE WOULD SUPPORT THE ADVISORY COMMITTEE WHICH NOW FEELS THAT HOOK UP SHOULD BE MANDATORY ONLY AS BOOK 35 PAGE 21 J JUN 211978 X09 A LAST RESORT. CHAIRMAN WODTKE FELT THAT WE MAY WELL END UP HAVING TO MAKE IT MANDATORY, BUT DID NOT FEEL NOW IS THE.TIME TO DO IT. COMMISSIONER Loy STATED THAT SHE WOULD SUPPORT MAKING HOOK UP MANDATORY AND WOULD LIKE THE ATTORNEY TO AT LEAST PREPARE THE REDRAFT THAT WAY AND LEAVE THE PUBLIC HEARING OPEN. COMMISSIONER SCHMUCKER AGREED THAT THIS SHOULD BE DONE TO SEE WHAT KIND OF REACTION WE WOULD GET. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY RECESSED THE PUBLIC HEARING UNTIL WEDNESDAY, JULY 5, 1978, AT 5:00 O'CLOCK P.M. 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. 58337 - 58458 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 9:45 O'CLOCK P.M. ATTEST:- CLERKCHAIRMAN 35 PAGc ds JUN 21 1978 119 I