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7/5/1978
F �J WEDNESDAY, .JULY 5, 1978 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, .JULY 5, 1978, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM;C. WODTKE, JR., CHAIRMAN; ALMA LEE Loy, VICE-CHAIRMAN; WILLARD W. SIEBERT, JR.; AND EDWIN S. SCHMUCKER. ABSENT WAS R. DON DEESON, BEING OUT OF TOWN ON VACATION. 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; .JEFFREY K. BARTON, FINANCE OFFICER; AND VIRGINIA HARGREAVES, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER. ATTORNEY COLLINS LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND BUDDY TIPTON, OF CENTRAL ASSEMBLY OF GOD CHURCH, GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF JUNE 21, 1973. COMMISSIONER LOY REQUESTED THAT ON PAGE 1, 4TH PARAGRAPH, "AMERICAN LEGION AUXILIARY" BE CORRECTED TO READ "AMERICAN LEGION POST.-" z THIS CORRECTION HAVING BEEN MADE, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF.JUNE 21, 1978, AS WRITTEN. CHAIRMAN WODTKE DISCUSSED THE APPLICATION OF WILLIE M. POOLE FOR A PERMIT TO CARRY A CONCEALED FIREARM, NOTING THAT -THE SHERIFF'S LETTER, ALTHOUGH IT DOES NOT OBJECT TO THE ISSUANCE OF A PERMIT, STATES THAT MR. POOLE HAS RECENTLY HAD A STROKE AND IS VERY SHAKY. THE CHAIRMAN FELT THE BOARD SHOULD HAVE SOME INDICATION FROM A.DOCTOR THAT MR. POOLE IS CAPABLE OF HANDLING A PISTOL SAFELY. COMMISSIONER Loy CONCURRED THAT WE NEED SOMETHING ADDITIONAL AND THAT BASED ON THE SHERIFF'S LETTER, WE SHOULD WITHHOLD A PERMIT UNTIL WE RECEIVE FURTHER INFORMATION. SHE NOTED THAT BREVARD COUNTY JUL 05-1978 REQUIRES A TRAINING COURSE ON THE HANDLING OF FIREARMS AND FELT INDIAN RIVER COUNTY NEEDS -SOMETHING SIMILAR ATTORNEY COLLINS COMMENTED THAT THERE IS A NEW STATUTE THAT VASTLY UPDATES PROCEDURES. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AGREED TO WITHHOLD ISSUANCE OF A PERMIT TO CARRY A CONCEALED FIREARM TO WILLIE M. POOLE WITHOUT PREJUDICE UNTIL HE CAN SUPPLY A PHYSICIAN `S STATEMENT ASSURING THE BOARD THAT HE IS CAPABLE OF HANDLING A FIREARM SAFELY COMMISSIONER SIEBERT INQUIRED ABOUT THE PROPOSED BUDGET AMENDMENT FOR THE YMCA SWIM PROGRAM. COMMISSIONER Loy STATED THAT IN FEBRUARY OF THIS YEAR THE BOARD WAS PRESENTED WITH THE POSSIBILITY OF SECURING A COMMUNITY AFFAIRS GRANT FOR A SUMMER SWIM PROGRAM AT THE NORTH END OF THE COUNTY. THIS IS A SITUATION WHERE AT THE LAST MINUTE SOME EXCESS FUNDS WERE AVAILABLE AND IF THE APPLICATION WERE TO BE SUCCESSFUL, IT WOULD REQUIRE $2,064.00 IN MATCHING FUNDS. THE APPLICATION WAS SUCCESSFUL, AND THE MATCHING FUNDS ARE NOW REQUIRED. COMMISSIONER LOY REQUESTED THAT DUE TO THE COMPLEXITY OF ITEM 3 IN THE CLERKS AGENDA, IT BE -WITHDRAWN AND DISCUSSED LATER IN THE MEETING, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM OF LORA D. WILLIAMSr THOMAS G. O'NEILL, AND LAWRENCE A.- RAMSEY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PROVIDE THE MATCHING FUNDS NEEDED FOR THE NORTH COUNTY SUMMER SWIM PROGRAM, AS FOLLOWS: ACCOUNT TITLE ACCOUNT NO, INCREASE DECREASE YMCA 01-6101-301.16 $2,064.00 RES. FOR CONTINGENCIES 01-9990-701.00 $2,064.00 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PROVIDE 2 JUL 0517 ADDITIONAL FUNDS FOR TELEPHONE USAGE FOR THE ADMINISTRATOR, AS FOLLOWS: ACCOUNT TITLE ACCOUNT No. INCREASE DECREASE COMMUNICATIONS 01-2104-335,00 $1,356.00 RES. FOR CONTINGENCIES 01-9990-701.00 $1,356,00 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARIJ UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PROVIDE ADDITIONAL FUNDS FOR POSTAGE AND OFFICE SUPPLIES FOR THE BUILDING & ZONING DEPARTMENT,_AS FOLLOWS: ACCOUNT TITLE ACCOUNT No, INCREASE DECREASE OFFICE SUPPLIES 01-3440-205.00 - $400.00 RES. FOR CONTENGENCIES 01-9990-701.00 $400.00 ON MOTION BY'COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PROVIDE ADDITIONAL FUNDS FOR UTILITIES AT THE COURTHOUSE AND ANNEX, AS FOLLOWS: ACCOUNT TITLE ACCOUNT No. INCREASE DECREASE UTILITIES 01-2670-340.00 $9,000.00 RES. FOR CONTENGENCIES 01-9990-701.00 $9,000.00 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PURCHASE ADDITIONAL CABINETS FOR THE TRAFFIC COURT OF COUNTY COURT, OUT OF FEDERAL REVENUE SHARING FUNDS, AS FOLLOWS: ACCOUNT TITLE -- ; ACCOUNT No.- INCREASE DECREASE EQUIPMENT 62-2324-402.99 $500.00 RES.. FOR_CONTENGENCIES 62-9990-701.00 $500.00 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR JUDITH WAKEFIELD, COUNTY EXTENSION DIRECTOR,*AND PETE SPYKE, AGRICULTURAL -AGENT, AS FOLLOWS: --- - : .JUDITH WAKEFIELD: luL1LT-8 - -- ;EST PALM BEACH-- __:.FLORIDA 4-H STATE HORSE SHOW ':JULY 10-14 CAMP CLOV RLE-AF�-H SEBRING AREA 0 SUPE�tVISE 18 INDIANRIVER �' _ ___OUNTY 4 -HERS AT CAMP AND SERVE AS CHAIRMAN OF THE CAMP. JULY _24-28 GAINESVILLE TO SUPERVISE 13 INDIAN RIVER -HERS COMPETING IN JAUNTY 4 TATEWIDE SPEECH AND DEMONSTRATION CONTESTS. 3 AUL. 0 51978 PETE SPYKE: JULY IO AND TO TRANSPORT THE SCHOOL BUS MBRING) CAMP CLOVERLEAF DRIVERS BACK AND FORTH, JULY.14 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLL, CIRCUIT COURT, SPRING`TERM, 1978, IN THE AMOUNT OF $144.36. THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF -THE CLERK: �UNER1905OINj9EgTION OF INDIAN RIVER CORRECTIONAL INSTITUTION - COUNTY WELFARE DEPARTMENT, MAY, 1978 ENGINEER JAMES BEINDORF SUPPLIED THE BOARD WITH DRAWINGS ' OF THE PROPOSED REVISION OF THE INTERSECTION OF MOORING LINE DRIVE, SPRING LINE DRIVE AND REGATTA DRIVE IN THE MOORINGS, AND INTRODUCED RICHARD ALLEN OF THE MOORINGS TO EXPLAIN WHAT THEY WISHED TO ACCOMPLISH. MR. ALLEN INFORMED THE BOARD THAT THEY ALREADY HAVE TENTATIVE APPROVAL OF MOORINGS UNIT #5, AND NOW WOULD LIKE TO REVISE THIS INTERSECTION TO PUT IN A MEDIAN STRIP TO CONFORM WITH WHAT IS GOING TO BE DONE IN UNIT 5 AND TO MAKE A NICE ENTRANCEWAY. HE CONTINUED THAT IN.ORDER TO ACCOMPLISH THIS, THEY WOULD DEED 20' ADDITIONAL TO THE COUNTY. MR. ALLEN NOTED THAT UNIT 5 IS UNDER CONSTRUCTION AND SOON WILL BE PLATTED. UNIT 4 ALREADY IS PLATTED, AND THIS 80' IS GOING TO BE A CONTINUATION INTO UNIT 5. COMMISSIONER SIEBERT ASKED..IF THEY WOULDN'T HAVE TO REPLAT UNIT 4, BUT MR. BEINDORF POINTED OUT THAT THEY CAN JUST EXCEPT THE 20' FROM THE LOT DESCRIPTION. ATTORNEY COLLINS AGREED THAT IT WOULD BE EASIER TO DEED THE RIGHT-OF-WAY TO THE COUNTY, AND DID NOT FEEL REPLATTING OF UNIT 4 WOULD BE NECESSARY, MR. BEINDORF STATED THAT THEY WOULD GET THE NECESSARY EASEMENT FROM LOT 38 OF UNIT 4, AND PARCEL A, UNIT 2. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, -THE BOARD UNANIMOUSLY AGREED TO ACCEPT THE ADDITIONAL 20' 4 JUL 0 5 1978 RIGHT-OF-WAY IN LOT 38, UNIT 4, AND PARCEL A, UNIT 2, OF THE MOORINGS, AND THE RESPONSIBILITY FOR MAINTENANCE OF SAME AFTER INDENTIFICATION AND.ACCEPTANCE OF THE ADMINISTRATOR. INTERGOVERNMENTAL COORDINATOR THOMAS DISCUSSED INTERIM FINANCING FOR THE GIFFORD MATER SYSTEM, AND NOTED THAT ABOUT SIX MONTHS AGO HEIWAS ASKED TO CHECK WITH THE BANKS AND GET A COMMITMENT IN THE AMOUNT OF $402,500, AS REQUIRED BY FARMERS HOME ADMINISTRATION. THIS IS BECAUSE IT IS NECESSARY TO USE THE LOAN PORTION BEFORE USING THE GRANT, AND THEY REQUIRE THAT YOU GET THE INTERIM FINANCING AND THEN PAY OFF -THE INTERIM FINANCING. MR. THOMAS STATED THAT HE HAS GOTTEN A COMMITMENT AND NOW NEEDS THE CHAIRMAN TO SIGN THE NOTE BECAUSE WE ARE ABOUT TO USE UP ALL OF THE ECONOMIC DEVELOPMENT ADMINISTRATION FUNDS. ENGINEER RICHARD VOTAPKA REPORTED THAT THE ELEVATED STORAGE TOWER FOR THE GIFFORD WATER SYSTEM IS NOW UNDER CONSTRUCTION AND .THEY ARE TRYING TO GET WATER TO THE GIFFORD SCHOOLS BEFORE AUGUST 28TH. HE STATED THAT THEY EXPECT DRIVEWAYS, INC., TO COMPLETE THEIR RENOVATION WORK IN LATE SEPTEMBER. ENGINEER VOTAPKA AGREED THAT WE ARE ABOUT TO EXHAUST THE EDA BASIC GRANT AND NOW NEED ADDITIONAL FUNDS. INTERGOVERNMENTAL COORDINATOR THOMAS STATED THAT HE HAS ONE BILL ON HAND AMOUNTING TO ABOUT $140,000 AND EXPECTS ANOTHER LARGE BILL SOON. HE REQUESTED THAT THE CHAIRMAN BE AUTHORIZED TO SIGN A NOTE AGAINST OUR COMMITMENTS UP TO AND NOT TO EXCEED $330,000. ATTORNEY COLLINS INFORMED THE BOARD THAT THE BOND VALIDATION SUIT IS NOW COMPLETE AND THE BOARD PREVIOUSLY PASSED ON THE AUTHORITY . NECESSARY ON THE NOTES SO ALL THAT IS NEEDED IS TO DETERMINE THE AMOUNTS NECESSARY FOR INTERIM FINANCING. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN A BOND ANTICIPATION NOTE TO FIRST CITRUS BANK OF INDIAN RIVER COUNTY FOR A PERIOD NOT IN EXCESS OF TWO YEARS FOR AN AMOUNT UP TO $330,000 AT AN INTEREST RATE ACCEPTABLE TO THE CHAIRMAN. 5 JUL 5 1978 No. 1 $50,000.00 UNITED STATES OF AMERICA -STATE OF FLORIDA COUNTY OF INDIAN RIVER MATER AND SEWER REVENUE BONDS, SERIES 1979 ANTICIPATION NOTE FOR VALUE RECEIVED, the County of Indian River, Florida, (the "Issuer"), hereby promises to pay to the order of THE FIRST CITRUS BANK OF INIDAN RIVER COUNTY, at its principal office in the City of Vero Beach, Florida, on or before July 6, 1979, solely from the special funds hereinafter mentioned, in lawful money of the United States of America, the principal sum of FIFTY THOUSAND DOLLARS ($50,000.00) and, quarterly from the date hereof, solely from such special funds, interest on such principal sum from the date hereof at the rate of six per centum (6;) per annum, until such principal sum shall be paid. This note is issued pursuant to the Constitution and laws of the State of Florida, particularly Section 215.431, Florida Statutes (1975), and a resolution duly.adopted by the Issuer on January 23, 1978, (the "Resolution"), in anticipation of the receipt by the Issuer of the proceeds from the sale'of not exceeding $402,500 principal amount of Water and Sewer Revenue Bonds, Series 1979, of the Issuer (the "Bonds"). This"Note and the interest due thereon are payable solely from and.secured by a prior lien upon and a pledge of the proceeds to be derived from the sale of the Bonds and, if necessary, from and secured by a prior lien upon and a pledge of the gross revenues to be derived from.the operation of the Issuer's water and sewer system, .all.in the manner provided in the Resolution. This Note shall not constitute a general obligation of the Issuer, and the holder thereof shall never have the right to require or compel the exercise of the power of .the Issuer to .levy -ad valorem taxes for the payment of the principal of and interest on this Note. JUL 05 1978 ` It is hereby certified, recited and declared that all acts, conditions and things required to exist, to happen and to t'to and in connection with the issuance be performed preceden of. this Note, exist, have happened, and have been performed in regular and due forn and time as required by the laws and Constitution of the State of Florida applicable thereto; and that the issuance of this Note and of the issue of•Notes*of folate an s one does not v Y constitutional or which this Note i statutory limitations or provisions. IN WITNESS WHEREOF, the County of Indian River, Florida, has issued this Note and has caused the same to be signed by the Chairman of its Board of County Commissioners and its corporate ' seal to be impressed hereon and attested and countersigned by the Clerk of.such Board, all as of the 6th day of July, 1978. COUNTY OF INDIAN RIVER, FLORIDA y BY �/ GL gra C. �L Chairman, Board of Co Anty Commissioners i ( SEAL) I. ATTESTED AND COUNTERSIG14ED: t • f Clerk, Board of bounty Commissioners f t i JUL v U- 1J � ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS PREPARED A CONTRACT WITH SILVER BELL .JUNK IN REGARD TO SALVAGE WORK AT THE SANITARY LANDFILL ALONG THE LINES SUGGESTED BY ASSISTANT ADMINISTRATOR NEIL NELSON AND JUST NEEDS TO FILL IN THE AMOUNT THEY ARE GOING TO PAY THE COUNTY FOR THIS RIGHT. HE STATED THAT IT IS FAIRLY CLEARCUT AND BASICALLY COVERS THE TYPE OF EMPLOYEE THEY WILL HAVE - NO STORAGE AT THE LANDFILL - NO HINDRANCE OF LANDFILL OPERATION - HOURS OF OPERATION - LIABILITY INSURANCE - MONTHLY PAYMENT, ETC, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED CONTRACT WITH SILVER BELL .JUNK - SUBJECT TO THE BID PRICE BEING INSERTED AS APPROVED BY THE ADMINISTRATOR. dl • JL 5 1978 i A G R E E M E N T THIS AGREEMENT, Made and entered into by and between INDIAN RIVER COUNTY, a political subdivison of the State of r , Florida, hereinafter referred to as "COUNTY", and WILLIE JONES, d/b/a SILVER BELL JUNK, hereinafter referred to as "JONES",'their heirs, successors and assigns. WITNESSETH: For and in -consideration of mutual promises and other monies in hand paid, the parties agree as follows: 1. COUNTY grants to JONES the right to perform certain salvage operations at the COUNTY Landfill on the following terms and conditions: 6 1 A. JONES shall use no children in his operation. B. JONES shall not store surplus bore equipment over night at the Landfill. ` C. JONES shall not allow his trucks or his collected items to hinder the Landfill operation. D. All of JONES trucks shall be weighed on the Land- fill scales. E. The hours of operation shall be from 7:00 A.M. to 6:00 P.M. on those days that the Landfill -is open. F. The operator shall wait a reasonable time for salvage, i.e., a.minimum of thirty (30) minutes. G. JONES shall not haul into the Landfill without paying Landfill charges. f H. JONES shall supply COUNTY with a liability insurance policy, insuring JONES and COUNTY with a minimum I of liability insurance of $100,000.00-$300,000.00. I. JONES hereby agrees to hold COUNTY harmless and to indemnify COUNTY for any liability that may accrue to COUNTY or to third parties from JONES'S i operation, which indemnification shall include court costs and attorneys' fees. b• JUL97 ,, J. Payment shall be made on the follosix wing ays basis: Seven Dollars ($7.00) perY week with no salvaging on Sunday when the landfill is closed. K. JONES shall provide Workman Compensation In- surance for his people working at the landfill. L. JONES shall at all times be an independent Con- tractor with COUNTY and neither JONES not any of ,.his employees shall be considered employees of COUNTY. IN.WITNESS WHEREOF, the parties hereto have hereunto set I', - their their hands -:and seals the S- day of9&.A�P_ , 1978. Signed, sealed and delivered INDIAN RIVER COUNTY, FLORIDA in the presence of: 1 By jf �e William C. Wodtke, Jr. Attest: A ;oCo unty Freda Wrig t,' C c U WiAleJs i As to Willie Jones fr SILVVE�R BELL JUNK By As to silver Bell Jun I JUL 0 51973 •�r ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS, CAME BEFORE THE BOARD TO DISCUSS THE FINANCIAL SET UP FOR HANDLING THE FUNDS THAT WILL BE COMING INTO HER OFFICE UNDER THE NEW ELECTION PROCEDURES, SHE WISHED TO KNOW IF THE FINANCE DEPARTMENT WILL BE ABLE TO HANDLE THE DEPOSIT AND DISBURSAL OF THESE MONIES FROM THE CANDIDATES OR WHETHER SHE SHOULD SET UP HER OWN BANK ACCOUNT FOR THIS PURPOSE, WHICH WOULD INVOLVE COLLECTING THE FILING FEES AND PAYING THE PARTY ASSESSMENTS. MRS. RICHEY POINTED OUT THAT SHE WOULD HAVE TO OPEN UP AN ACCOUNT AND THEN CLOSE IT AFTER FILING TIME, COMMISSIONER SIEBERT FELT IT WOULD BE BETTER IF MRS. RICHEY HANDLED THIS RATHER THAN HAVE TO HAVE BOARD APPROVAL FOR THE CHAIRMAN TO SIGN ALL THE CHECKS, AND CHAIRMAN WODTKE AGREED THAT SINCE FINANCE ALSO WOULD HAVE TO SET UP A SPECIAL ACCOUNT, THERE WOULDN'T BE MUCH POINT IN IT. COMMISSIONER LOY NOTED THAT THIS IS A NEW PROCEDURE AND ` FELT IT WOULD BE WISE TO KEEP THE WHOLE PROCEDURE WITHIN THE ONE OFFICE. THE BOARD AGREED IT WOULD BE LESS TIME CONSUMING AND LESS COMPLICATED FOR THE SUPERVISOR OF ELECTIONS TO HANDLE THESE FUNDS IN HER OWN DEPARTMENT AND THAT SHE SHOULD SET UP HER OWN BANK ACCOUNT FOR THIS PURPOSE. MRS. RICHEY ANNOUNCED THAT SHE IS NOW ALL SET ON POLLING PLACES, INCLUDING THE FIRST BAPTIST CHURCH OF MINTER BEACH. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE WOULD LIKE TO PUT IN A REQUEST FOR THE MYLARS OF THE AERIAL PHOTOGRAPHS OF THE 1975 FLIGHT WHICH ARE RETAINED IN THE PROPERTY APPRAISER'S OFFICE. HE NOTED THAT THE PROPERTY APPRAISER'S OFFICE IS CONCERNED ABOUT STORAGE SPACE AND THE NEED FOR NEW CABINETS, AND WHEN THE NEW AERIAL PHOTOGRAPHS ARE DELIVERED, HE WOULD LIKE TO HAVE THE OLD ONES SENT TO HIS OFFICE FOR THE USE OF THE ROAD AND BRIDGE DEPARTMENT. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, TO AUTHORIZE THE CHAIRMAN TO WRITE PROPERTY APPRAISER LAW REQUESTING THAT THE MYLARS OF THE 1975 FLIGHT BE DELIVERED TO THE ADMINISTRATORfS OFFICE WHEN THE NEW AERIAL PHOTOGRAPHS ARE RECEIVED, 11 J U L 0 51978 6'5?31 ��_ CHAIRMAN WODTKE STATED THAT HE FEELS THIS IS AN APPROPRIATE PLACE FOR THE OLD MYLARS AS THEY CAN BE UTILIZED IN MANY WAYS BOTH BY THE ROAD & BRIDGE DEPARTMENT AND THE PLANNING DEPARTMENT. THE CHAIRMAN CALLED FOR THE QUESTION. IT -WAS VOTED ON AND CARRIED. THE;HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the matter of In the Court, was pub- Bshed in said newspaper in the issues of ����.._°!� t �—Tr'z 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 mg thislX-7 1a of (��:D (SEAU (Clerk of the Circuit Court, Indian R&6 County, Florida) r- --. - ..... -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, July -S, 1978, for the following: Repairs to Existing County `Jail goofs Instructions to bidders, specifications, and a bidding blank 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. July 5, 1978, will be returned unopened. Indian River County, Florida Board of County Commissioners By: William C. WodtkeJr., Chairman THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BID WAS RECEIVED, OPENED AND READ: BOWEN ROOFING CO., SERO BEACH $4,670.00 12 JUL 05197 Y c i«Jit u+ ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BID BEING REFERRED TO THE ADMINISTRATOR FOR EVALUATION. EDWARD REGAN, DIRECTOR OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, SPOKE TO THE BOARD REQUESTING THAT THE ROAD AND BRIDGE DEPARTMENT BE AUTHORIZED TO PUT THE WEST WABASSO AND NORTH GIFFORD COUNTY PARKS ON ITS GRASS CUTTING SCHEDULE. HE NOTED THAT THE CETA GROUPS IN THAT AREA HAVE BEEN TRADING OFF TIME TO BORROW EQUIPMENT IN ORDER TO CUT THE GRASS, BUT THIS WILL NEED TO BE DONE ON A REGULAR AND CONTINUING SCHEDULE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO ADD WEST WABASSO AND NORTH GIFFORD COUNTY PARKS TO THE ROAD AND BRIDGE DEPARTMENT'S ROUTINE GRASS CUTTING SCHEDULE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ACCEPTED THE RESIGNATION OF LADYE FLANAGAN FROM THE BOARD OF DIRECTORS OF THE ECONOMIC OPPORTUNITIES COUNCIL AND INSTRUCTED THE ATTORNEY TO PREPARE AN APPROPRIATE RESOLUTION. THE RESIGNATION OF LADYE FLANAGAN IS HEREBY MADE A PART OF THE MINUTES. 0 .._.� STATE OF FLORIDA DEPARTMENT OF Reubin O'D Askew. Governor I AU _ Health & Rehabilitative Services .1235 16th Street P. 0. Drawer Q Vero Beach, Florida 32960 June 22, 1978 i• r8� A Mr. William. Wodtke IndianoRivernCounty Courthouse ssioners��� s����Fq •��v Indian River County Vero Beach, Florida - 32960 _ Dear Mr. Wodtke: 'In October of 1976 the Board of County Commissioners appointed me to serve as a Board Member on the Economic Opportunities Council. I have enjoyed my involvement with E.O.C., and until recent months, felt the Board had brought about some constructive changes. However, at this time there is much internal conflict with the Board and the Agency. That fact, coupled with my heavy responsibilities with Health $ Rehabilitative Services, makes it necessary for me to submit my resignation effective June 22, 1978. 4 I will continue to work in whatever way possible to coordinate services between the two agencies, so that we may better serve the citizens of Indian River County. Thank you for your consideration._ Sincerely,_' Ladye R. Flanagan CHAIRMAN WODTKE NOTED THAT THE VERO BEACH CITY COUNCIL HAS MADE APPOINTMENTS TO THEIR BUILDING BOARD OF APPEALS AND WE NOW -NEED TO MAKE APPOINTMENTS TO OUR FIVE—MEMBER BUILDING BOARD OF APPEALS. HE STATED THAT HE HAS NO OBJECTION.TO SELECTING FIVE OF THE SEVEN APPOINTED BY THE CITY. ' ATTORNEY COLLINS INFORMED THE BOARD THAT THE COUNTY BUILDING BOARD OF APPEALS SHOULD BE COMPOSED OF.ONE ARCHITECT, ONE GENERAL CONTRACTOR OR ENGINEER, AND THREE MEMBERS AT LARGE FROM THE BUILDING INDUSTRY, DISCUSSION FOLLOWED ON THE FIVE APPOINTMENTS AND THE STAGGERED TERMS, AND THE CHAIRMAN STATED THAT IF THE BOARD COULD DECIDE ON FIVE APPOINTEES, HE WOULD CONTACT THEM AND SEE IF THEY WOULD BE WILLING TO SERVE, JAL 051978 14. e rWy-�ile�� ON MOTION BY COMMISSIONER Loy, -SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AGREED THAT THE CHAIRMAN SHOULD CONTACT THE FOLLOWING TO SEE IF THEY WILL SERVE ON THE COUNTY BUILDING BOARD OF APPEALS: MEMBER 1-6 JOHN.CALMES, ARCHITECT 2 YRS. NORMAN HENSICK, JR. CONTRACTOR 2 YRS. DEAN LUETHJE, ENGINEER 1 YR. PETER ROBINSON, CONTRACTOR .1 YR. EDWARD NETTO, CONTRACTOR 3 YRS. THE BOARD NEXT DISCUSSED A REQUEST FROM THE GIFFORD PROGRESSIVE •'' CIVic LEAGUE FOR ASSISTANCE WITH THE BUILDING OF A TENNIS COURT AT THE GIFFORD PARK AS FOLLOWS: 41 15 JUL 0 5 1978 4" Board of County Commissioners June 12, 1978 Letter requesting fill and Grader for Neighborhood Recreation Improvement Park. Dear Commissioners: The Gifford Progressive Civic League is appealing to the Board of County Commissioners to assist us with the following: The necessary fill (dirt) and morel for a 120 ft. x 120 ft. area we have reserved for a tennis court at the Neighborhood Recreation Improvement Park. The Gifford Civic League will be able to s,°cure the materials for asphalt paving and provide labor for same and build the tennis court with help from several community volunteers and organizations. Therefore, we are soliciting your full cooperation to get the fill needed (approximately 38 loads) and use of a grader to spread the fill. We will appreciate and early reply or we would be free to send representatives& to the next County Commission meeting and explain the importance of this request. Again thanks in advance, hoping you will approve this request so that We can continue to help make the park a facility we all can be proud of: Please give this matter your earliest consideration. . Again thanks, J.' Ralph Lundy Progressive Civic League President -Gifford ADMINISTRATOR JENNINGS FELT THE COUNTY COULD COME UP WITH THE TYPE OF MATERIAL NEEDED, BUT POINTED OUT THAT IT WOULD BELL OST ONE DESIRABLE TO COORDINATE THIS PROJECT SO IT COULD BE DONE A OPERATION BECAUSE IF THE ASPHALT IS NOT PUT ON PROMPTLY AFTER THE BASE IS PREPARED AND THE BASE SHOULD GET WET, IT WOULD GREATLY AT BUILDING TENNIS COURTS IS A COMPLEX COMPLICATE THINGS HE NOTED TH OPERATION AND MUST BE WELL DONE OR YOU WILL END UP WITH STANDING WATER ON THE COURTS. ° COMMISSIONER SIEBERT AGREED AND FELT THAT THE BOARD WOULD WANT TO HAVE ASSURANCES THAT THE ASPHALT WOULD GO ON IMMEDIATELY AFTER THE BASE IS PREPARED. >y 16 CHAIRMAN WODTKE ASKED IF HE UNDERSTANDS CORRECTLY THAT, IF THE COUNTY SUPPLIES THE NECESSARY FILL AND GRADER, THE PEOPLE IN THE COMMUNITY WILL BUILD AND TOTALLY CONSTRUCT THE TENNIS COURTS, DALE WEHR, WHO WORKS FOR THE GIFFORD PROGRESSIVE LEAGUE, STATED THAT IS CORRECT; THAT THEY HAVE DONATIONS AND THE LEAGUE WILL CONTRIB`ITE TIME AND MONEY ALSO. HE FURTHER INFORMED THE BOARD THAT THE STATE WILL PAY FOR THE ASPHALT,AND THEY HAVE BEEN ALLOCATED ABOUT $7,000 FOR THIS UNDER A CETA GRANT. MR. REGAN INFORMED THE BOARD THAT THE COUNTY ENGINEER ASSISTED THEM WITH THE TENNIS COURTS AT THE WABASSO PARK, BUT HE IS TO BE COMPENSATED OUT OF THE COMMUNITY DEVELOPMENT FUNDS AND THERE ARE NO -MORE COMMUNITY DEVELOPMENT FUNDS AVAILABLE AT THIS TIME FOR THE GIFFORD PARK. THE BOARD FELT THAT HAVING AN ENGINEER WOULD BE QUITE ESSENTIAL TO THIS PROJECT IN ORDER TO SET GRADES PROPERLY, ETC. CHAIRMAN WODTKE STATED THAT HE FELT THE COUNTY SHOULD MAKE THE FILL AVAILABLE AND ASSIST IN SETTING THE GARDES, BUT WITH THE UNDERSTANDING THAT THIS -PROJECT A THI PROJECT MUST BE COORDINATED AND DONE CORRECTLY AS HE WOULD HATE TO SEE THE CITIZENS SPEND MANY THOUSANDS OF DOLLARS AND END UP WITH COURTS THAT ARE UNUSABLE WITHIN A YEAR OR S0, REVEREND DON BROWN AGREED THAT THIS PROJECT SHOULD BE PROPERLY ENGINEERED AND SUPERVISED AND ASKED IF THERE IS SOME WAY THE COUNTY COULD GET SOMEONE TO HELP THEM IN THIS REGARD. E THE ADMINISTRATOR AND COMMISSIONER SIEBERT BOTH EXPRESSED CONCERN ABOUT PROPER FINISHING WHICH IS OF GREAT IMPORTANCE, AND t COMMISSIONER SIEBERT STATED THAT HE ALSO WOULD LIKE TO SEE THE COUNTY PARTICIPATE IN THIS PROJECT, BUT WOULD WANT THE ADMINISTRATOR TO HAVE GREAT LATITUDE IN BEING SURE THAT EVERYTHING IS ON SCHEDULE AND COORDINATED, MR. REGAN DISCUSSED USING THE SAME SPECIFICATIONS THAT'WERE USED FOR TENNIS COURTS AT THE WABASSO PARK. HE ALSO DISCUSSED THE USING OF CETA FUNDS WHICH INVOLVES TRAINING OF WORKERS. CHAIRMAN WODTKE STATED THAT BASED ON THE ASSURANCE OF THE GIFFORD PROGRESSIVE CIVIC LEAGUE THAT THESE TENNIS COURTS WILL BE 17 fH'17 J U L 0 5 1978 BUILT IN CONJUNCTION WITH THE CETA GRANT AND THAT THE MONEY IS THERE TO FINISH THE PROJECT, HE WOULD LIKE TO SEE US PARTICIPATE AS REQUESTED. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, TO AUTHORIZE THE ADMINISTRATOR TO ASSIST IN THE PREPARATION OF;THE TENNIS COURTS AT THE GIFFORD PARK AS SET OUT IN THE LETTER FROM J. RALPH LUNDY, BASED UPON THE ASSURANCE OF THE GIFFORD PROGRESSIVE CIVIC LEAGUE THAT THE MONIES ARE THERE TO FINISH THE PROJECT, COMMISSIONER Loy SUGGESTED THAT WE REQUEST THE GIFFORD PROGRESSIVE CIVIC LEAGUE TO WORK VERY CLOSELY WITH MR. REGAN, DIRECTOR OF THE COMMUNITY DEVELOPMENT PROGRAM,TO BENEFIT FROM THE EXPERTISE HE HAS GAINED FROM WORKING ON TENNIS COURTS AT THE WABASSO PARK. ADMINISTRATOR .JENNINGS SAID, AS HE UNDERSTANDS IT, THE COUNTY .WILL CLEAR THE LAND, PUT IN THE BASE MATERIAL AND MARL, SET GRADES, AND IF THE LIMEROCK IS SUPPLIED, COULD SPREAD IT AND GET IT READY FOR THE ACTUAL FINISH, BUT THE PLACING OF FENCE POSTS, ETC., AND ACTUAL FINISHING OF THE ASPHALT WILL BE DONE BY OTHERS. THE BOARD AGREED. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. ENGINEER .JAMES BEINDORF CAME -BEFORE THE BOARD TO DISCUSS THE REVISED CONTRACT WITH THE COUNTY CONSULTING ENGINEERS (SVERDRUP & PARCELS AND ASSOCIATES, INC., AND BEINDORF AND ASSOCIATES, INC., A .JOINT VENTURE.) HE STATED THAT HE AND ATTORNEY COLLINS HAVE COORDINATED WITH FHA AND FEEL THAT THE BEST WAY TO DO THIS WOULD BE TO MODIFY ONLY SECTION E OF THE AGREEMENT BETWEEN THE COUNTY AND THE JOINT VENTURE BECAUSE THE SCOPE OF THE WORK ACTUALLY REMAINS .THE SAME. HE STATED THAT WHAT THEY ARE SUGGESTING WOULD BE CALLED MODIFICATION #3. MODIFICATION #1 AND #2, SIGNED ON OCTOBER 5, 1977, REVISED THE ORIGINAL 1972 CONTRACT TO INCLUDE THE ENGINEERING FOR THE ELEVATED STORAGE TANK, ETC., AND THE RENOVATION OF THE'WATER SYSTEM FOR THE GIFFORD AREA. MODIFICATION #3 WOULD ONLY BE CHANGING THE HOURLY RATES IN THE OLD CONTRACT TO MAKE THEM CURRENT WITH TODAY�S JUL. 0 51978 18 �l STANDARDS. MR. BEINDORF NOTED THAT THE MILEAGE ALSO WILL BE CHANGED FROM 12� A MILE TO 17�. ENGINEER BEINDORF THEN REVIEWED THE PROPOSED NEW RATES, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARDLUNANIMOUSLY APPROVED MODIFICATION #3 TO THE ORIGINAL CONTRACT WITH THE COUNTY CONSULTING ENGINEERS AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. SAID MODIFICATION #3 WILL BE MADE A PART OF THE MINUTES WHEN FULLY EXECUTED. ADMINISTRATOR KENNINGS REMINDED THE BOARD THAT AT THE LAST MEETING BIDS WERE RECEIVED ON A 10-12 CUBIC YARD DUMP TRUCK, AND SUNRISE FORD WAS LOW BIDDER ON A 1979 TRUCK WHICH HAD A DELIVERY DATE OF ABOUT SEVEN MONTHS. THE ADMINISTRATOR CONTINUED THAT SUNRISE FORD HAS SINCE INFORMED HIM THAT THEY HAVE LOCATED A 1978 DUMP TRUCK, WHICH IS PERMISSIBLE UNDER THE ADVERTISEMENT, AND CAN BE DELIVERED IN A MONTH OR LESS.- HE RECOMMENDED THAT THE COUNTY PURCHASE THIS 1978 DUMP TRUCK AT A PRICE OF $22,533.90, WHICH IS ABOUT $3,300 LOWER THAN THE COST OF THE 1979 DUMP TRUCK. THE ADMINISTRATOR FURTHER NOTED THAT THE TRUCK IS NOT THE'CORRECT COLOR, AND IF THE COUNTY WILL PAINT IT,.THEY WILL DEDUCT A FURTHER $400.00. HE NOTED THAT THEY ARE STILL MAKING THE SAME ALLOWANCE OF $10,000 ON THE 1972 TRADE-IN. ' ON MOTION BY COMMISSIONER SIEBERT,-SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF SUNRISE FORD, CO., FORT PIERCE, FOR A 1978 FORD LNT 5000 DUMP TRUCK, AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $22,133.90. 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: Cr, 19 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 a in the matter of to the Court, was pub - ()shed in said newspaper in the issues ofi�� Afflant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida ` for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this A. of A.D. 127 0 1 (Bus a Manager) (Clerk of the Circuit Court, Indian R&ir County, Florida) (SEAM NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will hold a public hearing on July 5, 1970, at 11:00 o'clock A.M. in the County Commission Chambers at the County Cour- thouse to consider the adoption of An Ordinance establishing a temporary moratorium on the issuance of new or ex- tensions to Sewer and Water Franchises for Indian River County, Florida. The Ordinance shall include reasons for the moratorium, the duration of the moratorium, existing and pending franchises to be affected by the moratorium, a savings clause and effective date. Board of County Commissioners of Indian River County, Florida By: William C. Wodtke Jr., Chairman June 14,1978. ATTORNEY COLLINS INFORMED THOSE PRESENT THAT THE FLORIDA LAWS AUTHORIZE THE COUNTY COMMISSION TO ESTABLISH IN THEIR DISCRETION CERTAIN FRANCHISES. THE COMMISSION IS NOW IN THE PROCESS OF TRYING TO SET UP A COUNTYWIDE SEWER AND WATER PROGRAM AND WOULD HATE TO MAKE DECISIONS AT THIS TIME THAT WOULD BE INCONSISTENT WITH AN OVERALL COUNTY PROGRAM. THE ATTORNEY CONTINUED THAT HE HAS, THEREFORE, DRAFTED AN ORDINANCE.ESTABLISHING A MORATORIUM ON THE ISSUANCE OR EXTENSION OF SEWER AND WATER FRANCHISES FOR SIX MONTHS. ATTORNEY COLLINS REQUESTED THAT IN THE "ORDAINED" CLAUSE OF THE.PROPOSED ORDINANCE THE PHRASE "EXCEPT FOR AREAS WHERE THE BOARD HAS GRANTED" BE CHANGED TO READ "EXCEPT FOR AREAS WHERE THE BOARD PREVIOUSLY HAS GRANTED," AND THE BOARD AGREED. 20 JUL 240 i,�'y6xes^ _ THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. JOSEPH STEINITZ, OF 6TH AVENUE, QUESTIONED THE INTENT OF THE MORATORIUM AND ASKED IF THE COUNTY HAS ANY PLANS WHATSOEVER FOR HANDLING THE WATER AND SEWER SITUATION AT THE SOUTH END OF THE COUNTY. CHAIRMAN WODTKE INFORMED HIM THAT THE COUNTY HAS GONE ON RECORD AS INTENDING TO GET INTO THE WATER BUSINESS. THE ENGINEERS ARE ON CONTRACT AND ARE PRESENTLY INVOLVED IN EXTENSIVE STUDIES AND TESTS. BECAUSE OF THIS, THE CHAIRMAN FELT IT WOULD BE VERY POOR PLANNING TO AUTHORIZE EXPANSION OF ANY EXISTING FRANCHISES OR CREATE NEW FRANCHISE AREAS THAT WE MIGHT VERY WELL HAVE TO BUY OUT IN A SHORT PERIOD OF TIME. HE ALSO FELT THAT IT IS POOR PLANNING TO HAVE A LOT OF PACKAGE FRANCHISES WITH A QUALITY OF WATER THAT IS NOT SATISFACTORY TO THOSE BEING SERVED. .TAMES CRONIN OF FORT PIERCE INFORMED THE BOARD THAT HE HAS M AN OPTION ON PROPERTY WHICH HE INTENDS TO DEVELOP AT 6TH AVENUE AND 10TH STREET AND EXPRESSED CONCERN ABOUT THE TIME ELEMENT. CHAIRMAN WODTKE NOTED THAT THE SIX MONTHS IS JUST SUFFICIENT I. TIME FOR THE COUNTY TO GET REPORTS FROM THEIR HYDROLOGISTS AND ENGINEERS AND DOES NOT MEAN THAT IN SIX MONTHS THAT AREA WILL HAVE WATER HE FURTHER NOTED THAT THESE.STUDIES RELATE ONLY TO WATER, NOT SEWER. MR. C.RONIN NOTED THAT THE AREA HE IS DISCUSSING IS ONLY TWO .BLOCKS FROM THE CITY -COUNTY SEWER MAIN AND ASKED HOW IT WILL AFFECT SEWER ALLOCATION IF THE WATER MATTER IS RESOLVED IN SIX MONTHS, CHAIRMAN WODTKE STATED THAT WE HAVE RECEIVED NUMEROUS ' APPLICATIONS TO TIE ON TO THIS SEWER LINE WHICH ARE ON FILE, AND WE WILL HAVE TO DEAL WITH THAT WHEN WE DETERMINE WHAT IS AVAILABLE. COMMISSIONER SIEBERT AGREED THAT NO DECISION ON SEWER ALLOCATIONS CAN BE MADE UNTIL THE WATER SITUATION IS DETERMINED, BUT FELT IF WATER WERE TO BE AVAILABLE IN THE AREA UNDER DISCUSSION, WE THEN WOULD HAVE TO EVALUATE THE REQUESTS WE HAVE FOR SEWER. CHAIRMAN WODTKE DID NOT -FEEL IT WOULD BE FAIR FOR THE BOARD TO GUESS WHAT THE ENGINEERS ARE GOING TO SAY AND GIVE ANYONE FALSE HOPES. 21 J U L 0 51972 y 241 MR. CRONIN ASKED IF A TWO -FOLD STUDY COULDN'T BE DONE IN THE SAME TIME FRAME, AND CHAIRMAN WODTKE POINTED OUT THAT WE ARE WORKING ON A WATER SITUATION FOR A VERY LARGE AREA WHILE MR. CRONIN IS TALKING ABOUT A VERY SMALL SEGMENT OF THIS AREA. MR. CRONIN REQUESTED THAT THE ADMINISTRATOR ADDRESS A LETTER TO HIM WHICH HE COULD SUPPLY TO HIS BANK AND FINANCIAL BACKERS EXPLAINING ABOUT THE MORATORIUM. ADMINISTRATOR .JENNINGS STATED THAT HE WOULD WRITE MR. COHEN SUCH A LETTER. FRANK ZORC CAME BEFORE THE BOARD AND STATED THAT HE REPRESENTS SEVERAL PROPERTY OWNERS IN THE SOUTH COUNTY AREA AND JUST WANTED TO CLARIFY THAT THE STUDY FOR THE NEXT SIX MONTHS IS ONLY FOR WATER AND THAT IT ACTUALLY MIGHT BE TWO TO FIVE YEARS BEFORE THE COUNTY IS IN THE WORKING SEWER BUSINESS. THE CHAIRMAN FELT IT MAY VERY WELL BE A NUMBER OF YEARS BEFORE WE GET INTO A COUNTYWIDE SEWER PROGRAM. HE POINTED OUT THAT THE "201" STUDY HAS NEVER BEEN COMPLETED. WE PRESENTLY ARE OPERATING SUBSTANTIALLY UNDER A REGION I AND REGION 2 APPROACH TO WATER TREATMENT AND THE SOUTH COUNTY IS SUPPOSEDLY IN A REGION WHICH IS TO BE TREATED BY THE CITY PLANT. THE CHAIRMAN FELT THAT UNTIL ALL THESE THINGS ARE CLARIFIED, WE NEED TO ADDRESS WATER SEPARATELY FROM SEWER, MR. ZORC ASKED IF THIS MORATORIUM WOULD RESTRICT PROPERTY OWNERS FROM PUTTING IN INDIVIDUAL PACKAGE PLANTS, AND COMMISSIONER SIEBERT STATED THAT IF A FRANCHISE IS NEEDED,IT WILL. RICHARD HARKINS INFORMED THE BOARD THAT HE WORKS FOR A FIRM I� REPRESENTING SEVERAL DEVELOPERS IN THIS AREA, AND MR. COHEN IS ONE �i OF THEIR CLIENTS. HE STATED THAT DEVELOPERS ASSOCIATED WITH THREE ADJACENT PARCELS IN THIS AREA HAVE BEEN IN CONSTANT CONTACT WITH INDIAN RIVER UTILITIES IN REGARD TO SUPPLYING WATER T0. THEIR PROPOSED DEVELOPMENTS, AND, CONCEPTUALLY,*.AT LEAST,'A SERVICE AGREEMENT HAS BEEN WORKED OUT. HE ASKED IF IT WOULD NOT BE FEASIBLE TO ALLOW INDIAN RIVER UTILITIES TO EXPAND TO SERVE THIS ONE PARTICULAR AREA, 22 JUL 0 5 197 LL�a. y CHAIRMAN WODTKE DID NOT FEEL IT WOULD BE FEASIBLE BECAUSE WE ARE GOING TO BE IN THE WATER BUSINESS IN THE COUNTY ON A VERY LARGE SCALE. HE NOTED THAT INDIAN RIVER UTILITIES IS HAVING GREAT PROBLEMS WITH THE AREAS THEY ALREADY HAVE AND IN VIEW OF THEIR MANY PROBLEMS WITH THE DER, HE FELT IT WOULD BE VERY UNLIKELY THAT THEY WOULD BE ALLOWED TO EXPAND THEIR FACILITIES IN ANY EVENT. MR. HARKINS STATED THAT HIS COMPANY HAS DONE A LARGE AMOUNT OF RESEARCH TO DETERMINE WHAT WOULD BE NECESSARY TO BRING THIS PLANT UP TO SNUFF TO SERVICE THESE DEVELOPMENTS, AND HE BELIEVED IT CAN BE DONE, CHAIRMAN WODTKE AGREED THIS EVENTUALLY MIGHT BE THE ANSWER, BUT STATED THAT AT THE PRESENT TIME THE COUNTY CANNOT TAKE THE CHANCE OF PUTTING ADDITIONAL COST INTO A PROPOSED COUNTYWIDE SYSTEM, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THEPUBIC HEARING. COMMISSIONER SCHMUCKER EXPRESSED REGRET THAT WE HAVE TO ESTABLISH A MORATORIUM AND HOPED THAT SIX MONTHS WILL PROVE SUFFICIENT TO.STUDY THE WATER MATTER AND DETERMINE WHAT IS PRACTICAL. COMMISSIONER SIEBERT NOTED THAT ONE THING WE HAVE NOT ALLUDED TO IS THE FACT THAT WE ARE UNDER COURT ORDER TO REVIEW ` OUR FRANCHISE PROCEDURE AND THE CONDUCTING OF RATE HEARINGS, WHICH ALSO MUST BE TAKEN INTO.CONSIDERATION IN ESTABLISHING THIS MORATORIUM. MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, TO ADOPT ORDINANCE No, 78-18 AND TO INSTRUCT THE ADMINISTRATOR TO SEND COPIES TO EVERYONE WHO HAS MADE APPLICATION FOR A SEWER ALLOCATION, CHAIRMAN WODTKE INQUIRED IF TRANSFERS ARE COVERED IN THE MORATORIUM, AND ATTORNEY COLLINS TOOK THE POSITION THAT TRANSFERS OF.EXISTING FRANCHISES, WHERE NO -ENLARGEMENT OR ENCROACHMENT IS INVOLVED, SHOULD BE CONSIDERED ON THEIR OWN MERITS. THE CHAIRMAN CALLED FOR -THE QUESTION, IT WAS VOTED ON AND CARRIED UNANIMOUSLY. 23 JL 0 1�7� 443 ®- ORDINANCE N0. 78-18 AN ORDINANCE CREATING A SIX MONTHS' MORATORIUM ON THE ISSUANCE OF NEW SEWER ANA/OR WATER FRANCHISES OR THE ENLARGEMENT OF ANY EXISTING SEWER OR WATER FRANCHISE AREAS WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, pursuant to Chapter 59-1380, Laws of Florida, has authority to issue, modify, amend, and revoke Sewer and Water Franchises within Indian River County, Florida; and WHEREAS, Indian River County is presently undertaking engineering studies, updating existing sewer and water reports, and drilling test wells prior to embarking on a County -wide Water Program; and WHEREAS, it is inconsistent with good planning and the public health and welfare regarding the sewer and water needs of Indian River County for the Board to issue new franchises or grant extensions or enlargements to existing franchises until an overall County plan can be determined; and WHEREAS,.new rules and regulations affecting franchises are being drafted for implementation by the Board; , NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That except for areas where the Board previously has granted tentative or final subdivision plat approval, the Board does hereby impose a six (6) months' moratorium on the issuance of new sewer and/or water franchises and any amendments to existing sewer and/or water franchises•that would enlarge the, existing franchise areas. This Ordinance shall take effect July 12, 1978. JUL 0 51978 �-e m ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT MAYOR FLOOD, WHO CANNOT BE PRESENT TODAY, HAS REQUESTED THAT THE BOARD GIVE CONSIDERATION TO LETTING THE CITY OF SEBASTIAN HAVE COUNTY COMPREHENSIVE PLANNER MARSH WORK IN AN OFFICE IN SEBASTIAN SEVERAL DAYS OF EACH WEEK. MR. MARSH STATED THAT MAYOR FLOOD HAS INDICATED HE WOULD LIKE TO HAVE HIM WORK THERE THREE DAYS A WEEK. ADMINISTRATOR JENNINGS FELT THE NEW COUNTY PLANNING & ZONING DIRECTOR, STAN REDDICK, SHOULD BE CONSULTED ABOUT THIS MATTER. CHAIRMAN WODTKE ASKED IF MAYOR FLOOD HAD INDICATED TO MR. MARSH WHAT HE WISHED HIM TO DO UP THERE. MR. MARSH STATED THAT IT WAS INDICATED TO HIM THAT HE WAS SERVING AS A PLANNER FOR SEBASTIAN AND HE DID NOT KNOW IF THAT MEANT THEY WISHED HIM TO BE INVOLVED IN THINGS OTHER THAN THE COMPREHENSIVE PLAN. COMMISSIONER SIEBERT STATED HE UNDERSTOOD THEY WISHED MR. MARSH LOCATED UP THERE TO ANSWER CITIZENS' QUESTIONS, BUT THE , COMMISSIONER DID NOT FEEL MR. MARSH SHOULD BE INVOLVED IN PLANNING ACTIVITIES OUTSIDE OF THE COMPREHENSIVE PLANS FOR SEBASTIAN AND FELLSMERE. CHAIRMAN WODTKE FELT IT HAD -BEEN MADE CLEAR THAT MR, MARSHES' SERVICES WERE TO BE FOR THE COMPREHENSIVE PLAN ONLY AND NOT FOR THE DAILY ROUTINE PLANNING SITUATIONS. HE STATED THAT HE HAD NO PROBLEM WITH MR, MARSH BEING AVAILABLE IN THE SEBASTIAN AREA SOMETIME DURING THE WEEK, BUT DID NOT FEEL THAT THREE DAYS A WEEK WAS A REASONABLE TIME. IN FURTHER DISCUSSION, THE BOARD AGREED THAT THIS MATTER SHOULD BE TAKEN UP WITH COUNTY PLANNING DIRECTOR REDDICK AND THE ADMINISTRATOR BEFORE REPLYING TO MAYOR FLOOD. ATTORNEY COLLINS DISCUSSED PREPARATION OF AN AGREEMENT WITH THE FELLSMERE WATER MANAGEMENT DISTRICT IN REGARD TO MAINTENANCE OF VARIOUS ROADS. HE NOTED THAT THE ROADS IN THIS AREA ARE A CONTINUING PROBLEM AND THERE HAS BEEN TALK OF ESTABLISHING A MUNICIPAL TAXING DISTRICT FOR THE ROADS IN THAT AREA. THE ATTORNEY 25 JUL .0 5 1978. t PA,- 7A5 NOTED THAT THIS WOULD SUPPLY THE FUNDS TO MAINTAIN THE ROADS AND. KEEP ABREAST OF WHAT IS GOING TO BE AN INCREASINGLY COMPLEX PROBLEM, HE ASKED THAT THE BOARD CONSIDER THIS THOUGHT. COMMISSIONER SIEBERT NOTED THAT THE PEOPLE IN THIS AREA ARE TAXED FOR THE SERVICES OF THE ROAD AND BRIDGE DEPARTMENT AND FELT THEY MIGHT HAVE TO BE EXEMPTED FROM THAT, ATTORNEY COLLINS STATED THIS IS A PERFECT EXAMPLE OF PEOPLE WHO REQUIRE SPECIAL SERVICES. HE NOTED THAT THE FELLSMERE MATER MANAGEMENT DISTRICT TAKES THE POSITION THAT THEY HAVE NO LEGAL RESPONSIBILITY FOR THE ROADS AT ALL. HE POINTED OUT THAT ACTUALLY WE WOULD BE CREATING A TAXING DISTRICT WITHIN ANOTHER TAXING DISTRICT. COMMISSIONER $IEBERT WONDERED IF THE DISTRICT'S POSITION IN THIS REGARD REMAINS THE SAME SINCE THE DISTRICT IS NO LONGER CONTROLLED BY GULF & WESTERN. HE FELT THEY SHOULD BE CONSULTED BEFORE THE BOARD CREATES A SPECIAL TAXING DISTRICT. ADMINISTRATOR JENNINGS NOTED THAT THERE IS A RESIDENTIAL AREA IN THIS VICINITY THAT IS GROWING VERY RAPIDLY, AND HE FELT THE SPECIAL TAXING DISTRICT COULD APPLY JUST TO THAT PORTION. COMMISSIONER SCHMUCKER NOTED THAT IF THE DRAINAGE DISTRICT TOOK OVER THIS RESPONSIBILITY, THEY WOULD HAVE TO TAX THEIR ENTIRE f DISTRICT. ATTORNEY COLLINS AGREED THAT THE COUNTY COULD DEFINE A PARTICULAR AREA, BUT THE DRAINAGE DISTRICT WOULD HAVE TO TAX THEIR WHOLE DISTRICT. THE BOARD WILL CONSIDER THIS MATTER FURTHER AT A LATER -DATE. ADMINISTRATOR JENNINGS RECOMMENDED TO THE BOARD THAT THE BID RECEIVED FROM BOWEN ROOFING CO. EARLIER THIS MORNING FOR REPAIR ' OF THE JAIL ROOFS BE ACCEPTED. ON MOTION BY COMMISSIONER $IEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ACCEPTED THE BID -OF BOWEN ROOFING CO. FOR REPAIR OF THE COUNTY JAIL ROOFS AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $4,670.00 26 "Jut 5 1978 Y m COMMISSIONER Loy INFORMED THE BOARD THAT IT IS NECESSARY TO MEET WITH SHERIFF .JOYCE AND GO OVER HIS BUDGET PRIOR TO .JULY 31ST. SHE SUGGESTED SETTING THIS FOR TUESDAY, JULY 18, 1978, AT 7:30 P.M., AND THE BOARD AGREED. THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 12:00 NOON FORT LUNCH AND RECONVENED AT 1:45 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. STAN REDDICK, COUNTY PLANNING AND ZONING DIRECTOR, CAME BEFORE THE BOARD IN REGARD TO AN EMERGENCY SITUATION. HE EXPLAINED THAT NORMALLY THE -BUREAU OF COASTAL ZONE PLANNING OF THE DER RECEIVES A STATE BUDGET OF $200-250,000 AND SUPPLEMENTS THIS WITH FEDERAL FUNDS OF APPROXIMATELY A MILLION DOLLARS. THIS YEAR THE LEGISLATURE ` VIRTUALLY WIPED OUT COASTAL ZONE FUNDING SO THEY COULDN'T MATCH THE FEDERAL GRANT AND HAD TO TURN IT BACK. MR. REDDICK CONTINUED THAT HE WAS ASKED BY SOMEONE IN THE STATE OFFICE IF WE WOULD BE INTERESTED 4 IN SUBMITTING A PROPOSAL TO APPLY FOR SOME OF THESE FEDERAL FUNDS FOR SPECIFIC PROJECTS IN INDIAN RIVER COUNTY, AND WITH JUST ONE DAY a TO DECIDE, HE TENTATIVELY PROPOSED THAT A PROJECT BE ESTABLISHED TO DO DETAILED LAND USE, ENVIRONMENTAL AND ECOLOGICAL STUDIES OF THE SPOIL ISLANDS. MR. REDDICK STATED THAT WITH THE BOARD'S PERMISSION HE WOULD PROCEED TO PUT TOGETHER.A PRELIMINARY PROPOSAL TO THE COASTAL ZONE BUREAU APPLYING FOR $20,000 FEDERAL FUNDS. HE NOTED THAT $5,000 WOULD BE REQUIRED AS A LOCAL NON—CASH MATCH, MR. REDDICK CONTINUED THAT THE WORK WOULD BE DONE "IN—HOUSE" BY THE PLANNING STAFF AND HE WOULD UTILIZE PEOPLE IN THE COUNTY TO PREPARE UNDER CONTRACT WITH THE STATE A DETAILED PLAN FOR THE USE OF THESE SPOIL ISLANDS. HE ALSO NOTED THAT SO FAR THEY HAVE ACCEPTED ONLY THREE APPLICATIONS FOR THESE FUNDS, CHAIRMAN WODTKE ASKED IF THIS STUDY WOULD ENCOMPASS ALL THE SPOIL ISLANDS. INTERGOVERNMENTAL COORDINATOR THOMAS STATED THAT -IT WOULD, AND HE FELT A DETAILED ECOLOGICAL REPORT WOULD CARRY A GREAT DEAL OF WEIGHT IN OUR FINALLY ACQUIRING ALL THESE ISLANDS. COMMISSIONER SIEBERT ASKED WHAT OUR "IN—KIND" NON—CASH 27 JUL n.5 1978 CONTRIBUTION WOULD BE, AND MR, REDDICK STATED THAT IT WOULD BE HIS TIME, STAFF TIME, OFFICE SPACE, ETC. COMMISSIONER LOY AGREED THAT SUCH A STUDY WOULD ENHANCE OUR POSITION LATER ON, AND CHAIRMAN WODTKE NOTED THAT IF WE ACQUIRE ALL THE ISLANDS AND WANT TO MAKE ONE A RECREATIONAL ISLAND, WE WOULD t HAVE TO HAVE SUCH A STUDY, ISR. REDDICK STATED THAT HE HAS DISCUSSED THIS WITH SAM SHANNON OF TREASURE COAST REGIONAL PLANNING COUNCIL AND ESSENTIALLY THIS WOULD BE DONE ON A CONTRACT BETWEEN INDIAN RIVER COUNTY AND THE DER BUREAU OF COASTAL ZONE PLANNING, WHICH WOULD COME BACK TO THE - BOARD FOR APPROVAL. COMMISSIONER SIEBERT ASKED IF THE PERSON DOING THIS WORK WOULD BE A CONTRACT EMPLOYEE. MR. REDDICK FELT IT WOULD REQUIRE A LIMITED TERM EMPLOYEE HIRED TO WORK JUST ON THIS PROJECT, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED COUNTY PLANNING AND ZONING DIRECTOR REDDICK TO PREPARE AND SUBMIT A PRELIMINARY APPLICATION THROUGH THE BUREAU OF COASTAL ZONE PLANNING FOR $20,000 FOR STUDIES OF THE SPOIL ISLANDS. 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: 28 29 JUL. 0 5 1978 VERO BEACH PRESS-JOURNAL ' Published Weekly Vero Beach, Indian River County, Florida NOTICE COUNTY OF INDIAN RIVER: NOTICE IS HEREBY GIVEN that the STATE OF FLORIDA appeared J. J. Schumann, Jr. who on oath Planning and Zoning Commission of Indian River Florida, hastentatively tn ng Before the undersigned authority personally he Is Business Manager of the Vero Beach Press-Journal, a weeklypublished the following t Ordinance of Indian River County, Florida, says that advertasemrenI, bei at Vero Beach in Indian River County, Florida; that the attached copy which changes and additions are substantially t 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 part lying East of the Old Dixie Highway in the matter of � of the South 59,25 feet of Lot 3 and all that part lying East of the Old Dixie Highway of Lot 4, and all that part lying East of the Old Dixie Highway of the North 40.96 feet of Lot S of J. A. Hudson Subdivision, according to plat of survey made by It. B. Burchfield, now of Court, was pub- in the record in Brevard County, Florida, in Deed Book EE, page 600; INCLUDING all riparian rights, and subject to the right-of-way of U.S. ) '7 / 1 9 Highway No. t as the Same now exists, situated County,Florida. iis}+ed in said newspaper in the issues of "" ��`� In Indian River Be changed fro R-2C and C-1 to R-IA District. A Public Hearing in relation thereto at which parties in interest and citizens shall have an Affiant further says that the said. Vero Beach Press-Journal is a newspaper published at the said newspaper has heretofore opportunity Comm ssiill be oe by t ertd to be heard, sthe River Vero Beach, In said Indian River County, and that been continuously published in said Indian River County, Florida, weekly and has been entered Indian River County, Florida County Commission Room, Indian County Courthouse, Vero Beach, Florida, as second class mail matter at the post office in Vero Beach, in said of one next preceeding the first publication of the attached copy adver- Thursday, May 11, 1978, at 7:30 P.M., after which said public hearing in relation thereto at for a period year rsn firm or tiserrent; and affiant further says that he has neither paid nor promised any Pe for the purpose of securing this adver- which parties in interest and citizens-'shall have an opportunity to be heard will,be held by corporation any discount, rebate, commission or refund tisement for publication in the said newspaper. the Board of County Commissioners Indian, River County, Florida, in the Countt y Com• mission Room, Indian River County Cour- 'S2 A Swom to and subscribed before me this of thouse, Vero Beach, Florida, on Wednesday, July 5, 1978, at 2:00 P.M. Board of County Commissioners - { usi a anagen) Indian River County By: William C. Wodtke Jr., Chairman - Indian River County Planning — f4 Zoning Commission By: Dick Bird, Chairman a (Clerk of the Circuit Court, Indian er County, Florida) (SEAL) Apr. 26, 30,1978. , THE FOLLOWING (NOTICE OF THE PUBLIC HEARING WAS SENT TO MR. AND MRS. .JOSEPH DETTORE BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.66. . 4 6 29 JUL. 0 5 1978 BOARD OF COUNTY CM41NA,ISSIONERS WILLIAM C. WODTKE, JF., Chairman ALMA LEE LOY. Vice Chairman �,�;•�.., � WILLARD W. SIEBERT, JR. sf.'� •.' EDWIN S. SCHMUCKER �+! R. DON DEESON JACK G. JENNINGS. Administrator 2145 141h Avenue Vero Beach, Florida 32960 May 17, 1978 Mr. and Mrs.,Joseph Dettore 30845 West Eight Mile Road iivonna, Michigan Dear Mr. and Mrs.. Dettore: 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.- That it.That part lying East of the Old Dixie Highway of the South 59.25 feet of Lot 3 and all that part lying East of the Old Dixie Highway of Lot 4, and all that part lying East of.the•Old Dixie High- way of the North 40.96 feet of Lot 5 of J.A. Hudson Subdivision, according to plat of survey made by R.B. Burchfield, now of record in Brevard County, Florida, in Deed Book EE, page 600; INCLUDING all riparian rights, and subject to the right-of-way of U.S. Highway No. 1 as the same now exists, situated in Indian River County, Florida Be changed from R -2C Multiple Family District and 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, July 5, 1978 at 2:00 o'clock P.M. Sincerely, 4 Freda Wright, Clerk. of CC: -Richard Altman, Agent JUL " 5 ASSISTANT COUNTY PLANNER BERG INFORMED THE BOARD THAT THE SUBJECT PROPERTY IS IN THE ROSELAND AREA NEAR THE INDIAN RIVER AND LIES BETWEEN OLD U.S. N0. 1 AND OLD DIXIE HIGHWAY. IT IS NOW ZONED MOSTLY C-1 WITH A STRIP OF R -Z ALONG ITS WEST SIDE. THE APPLICANT IS REQUESTING REZONING TO R -1A IN ORDER TO SUBDIVIDE INTO SIX LOTS MR. BERG STATED THAT THE ZONING COMMISSION HAS RECOMMENDED THE REZONING TO R -1A, AND THEIR ONLY COMMENT WAS THAT WE SHOULD RETAIN LOW DENSITY DUE TO THE PROXIMITY OF THE RIVER. MR. BERG CONTINUED THAT THE MASTER PLAN REFLECTS THIS AREA TO BE A COMBINATION OF LOW AND MEDIUM DENSITY IN THE FUTURE. HE STATED THAT THERE IS PRACTICALLY NO COMMERCIAL USE IN THIS PARTICULAR AREA AND THERE ARE SOME MOBILE HOMES. HE COMMENTED THAT THE PLANNING STAFF FEELS THAT THE C-1 ABUTTING THE RIVER IS NOT APPROPRIATE. IN DISCUSSION, IT WAS NOTED THAT THERE IS A PET MOTEL IN THE AREA AND A FISH HOUSE TO THE NORTH. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. MARGARET RYALL OF SEBASTIAN, WHO OWNS 3k ACRES JUST SOUTH OF THE SUBJECT PROPERTY, STATED THAT SHE DID NOT WANT TO OBJECT TO R -1A ZONING FOR INDIVIDUAL PROPERTY OWNERS, BUT FELT THAT IT WOULD HAVE AN ADVERSE AFFECT ON HER_PROPERTY AND WOULD ALSO BE SPOT ZONING. SHE CONTINUED THAT THERE WILL BE DUPLEXES BUILT ADJACENT TO HER ON THE SOUTH, AND SHE HAD IN THE FUTURE INTENDED TO DO SOMETHING WITH HER PROPERTY, EITHER COMMERCIAL OR MULTI -FAMILY. SHE COULD NOT SEE WHY ANYONE WOULD WANT TO BUILD R -1A RESIDENCES WITH ALL THE TRAILERS THERE ARE IN THE VICINITY. . COMMISSIONER SIEBERT FELT THAT A FISH HOUSE IS A LOT MORE COMPATIBLE WITH COMMERCIAL THAN WITH RESTRICTED RESIDENTIAL. MR. BERG AGREED,BUT FELT THERE IS MORE RESIDENTIAL USE IN THIS AREA THAN COMMERCIAL ACTIVITY. HE DID FEEL THAT DUPLEXES OR APARTMENTS MIGHT BE MORE IN KEEPING WITH THE AREA SINCE.THE COMPREHENSIVE PLAN SHOWS LOW AND MEDIUM DENSITY. MRS. RYALL STATED THAT THE ONLY SENSIBLE ZONING FOR THIS AREA WOULD BE MULTIPLE FAMILY. SHE NOTED THAT THERE IS A 31 JUL 0 51978 l m CONGLOMERATION OF RENTAL PARKS, FISH HOUSES, ETC., AND SHE FELT THAT R -IA WOULD BE A COMPLETE TRADGEDY FOR WHOEVER BUILT THERE. MRS. RYALL FURTHER POINTED OUT THAT THE HOMES PRESENTLY IN THE AREA DO NOT MEET THE FOOTAGE REQUIREMENTS OF R -IA. CHAIRMAN WODTKE NOTED THAT, IN OTHER WORDS, MRS, RYALL IS NOT OBJECTING TO THE PROPERTY UNDER CONSIDERATION BEING REZONED, BUT WOULD NOT WANT HERS CHANGED, AND MRS. RYALL AGREED. MR. BERG NOTED THAT R-2 WOULD BE A RESIDENTIAL ZONING IN KEEPING WITH THE CHARACTER OF THE NEIGHBORHOOD AND MRS. RYALL COULD DO WHAT SHE WANTED TO DO UNDER THAT ZONING. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. COMMISSIONER SCHMUCKER FELT THAT R -IA COULD CAUSE A PROBLEM FOR ADJACENT PROPERTY OWNERS AND NOTED THAT R -2B ZONING WOULD ALLOW EIGHT APARTMENTS TO AN ACRE. MR. BERG FELT THAT WOULD BE IN KEEPING WITH THE MASTER PLAN. COMMISSIONER SIEBERT ALSO FELT THAT R -IA IS TOO RESTRICTIVE FOR THIS AREA AND THAT MRS. RYALL HAS A VALID CONCERN, BUT POINTED OUT THAT WE CAN'T ZONE DOWN FROM THE REQUEST THAT WAS ADVERTISED. CHAIRMAN WODTKE FELT THAT SOME TYPE OF RESIDENTIAL ZONING WOULD BE ACCEPTABLE, AND STATED THAT WHILE HE REALIZES MRS. RYALL'S CONCERN IS THE AFFECT THE ZONING OF THIS PROPERTY WILL HAVE -ON HER PROPERTY, HE COULD NOT REALLY SEE WHERE R -IA WOULD HAVE A DETRIMENTAL AFFECT ON HER LAND, MR- BERG SUGGESTED IN VIEW OF THE MASTER PLAN AND IN VIEW OF THE OBJECTIONS, THAT THE OWNER BE GIVEN AN OPPORTUNITY TO RESTUDY THE SITUATION. ` COMMISSIONER LOY FELT THIS SHOULD BE DISCUSSED WITH THE DETTORE'S AGENT, BUT NOTED THAT WE DO NOT HAVE THE SIGNATURE PAGE OF THE DOCUMENT LEGALLY APPOINTING RICHARD ALTMAN OF THE ED.SCHLITT AGENCY REPRESENTATIVE FOR MR. AND MRS. DETTORE, CHAIRMAN WODTKE INSTRUCTED MRS. FORLANI TO LOCATE THE ORIGINAL OF THIS INSTRUMENT IN CASE WE WISH TO CONTACT MR. ALTMAN. COMMISSIONER SCHMUCKER NOTED THAT TECHNICALLY THE AD IS 32 35 rA�-252. J U L� 0 51978 INCORRECT AS IT STATES THE PROPERTY IS PRESENTLY ZONED R -2C AND C-1, WHILE ACTUALLY IT IS R-2 AND C-1. ATTORNEY COLLINS STATED THAT HE TOOK THE POSITION THAT SINCE THE NOTICE HAD BEEN MAILED TO THE OWNERS AND SUCH A SMALL PORTION WAS INVOLVED, THAT THE NOTICE WAS SUBSTANTIALLY CORRECT IN THIS SITUATION. CHAIRMAN WODTKE ANNOUNCED THAT WE WILL GO ON TO ANOTHER PUBLIC HEARING AND RETURN TO FURTHER CONSIDERATION OF THE DETTORE'S ZONING REQUEST'WHEN THE DOCUMENT APPOINTING MR. ALTMAN THEIR AGENT IS LOCATED, 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-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a —. . i .A A A A' in the matter of In the Court,, was pub- Bshed in said newspaper in the issues of X �i ,TCL/ { Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been. entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this da f_� A.D.1_-L-l.J1— 1 on (Basi ager) (Clerk of the Circuit Court, Indian Rivectounty, Florida) 33 JUL -0 5 1973 y 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 part of Lot 17, Kansas City Colony, lying east of Highway AIA, according to the Plat filed in the office of the Clerk of the Circuff- Court of St. Lucie County, Florida, in Plat Book 0, Page 43: said land now lying and being In Indian River County, Florida. be changed from R -IA district to R-1 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, May 11, 1978, at 1:30 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, July 5,1978,02:00 P.M. Board of County Commissioners By: William C. Wodtke Jr., Chairman Indian River County Planning & Zoning Commission By: Dick Bird, Chairman Apr. 46, 30,1978. r THE FOLLOWING NOTICES OF THE PUBLIC HEARING WERE SENT TO .JAY E. LESHAW, BENJAMIN .JACOBSTEIN, AND DAVID KATES, BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.66. gZVFR �' BOARD OF COUNTY COMMISSIONERS C� WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY. Vice Chairman JQ it`% WILLARD W. SIEBERT, JR. EDWIN S. SCHMUCKER ��URt�A R. DON DEESON JACK G. JENNINGS, Administrator 2145 14th Avenue Vero beach, Florida 32860 Mr. Jay E. Leshaw. 275 Solavo Prado Coral Gables, Florida 33156 Dear Mr. Leshaw: In compliance with Florida Statute 125.66 the following is a Notice of Public Hearing for rezoning, as requested by i- - Jay E. Leshaw. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida, to wit: That part of Lot 17, Kansas City Colony, lying 1 East of State Road AlA, according to the Plat filed in the office of the Clerk of Circuit Court of St. Lucie County, Florida, in Plat Book 4, Page 23; said land now lying and being in Indian River County, Florida Be changed from R -IA to R-1 Single Family District. A public hearing in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida In the County Commission Room in the County Courthouse, Vero Beach.- Florida on Wednesday, July 5, 1978 at 2:00 o'clock P.1i. Sincerely, Freda Wright Clerk FW:ef CC: Dana Howard Carter Associates, Inc. 34 ►><�` 5, 1978 35 FA, -254 57 1 4. 0 BOARD OF COUNTY COMMISSIONERS • WILLIAM C. WODTKE, in., Chairman ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT. JR. EDWIN S. SCHMUCKER R. DON DEESON JACK G. JENNINGS. Administrator 2145 14th Avenue Vero Reach. Florida 32960 May 18, 1978 Mr. David -Kates - 70 Solavo Prado Coral -Gables, Florida 33156 Detir Mr. Kates:. In compliance with Florida Statute 125.;66 the following is a Notice of Public Hearing for rezoning, as-requested.by Jay E. Leshaw. • NOTICE The Zoning Map will be changed in order that the -following described property situated in Indian River County, Florida, to wit: That part of Lot 17, Kansas 6ity Colony, lying East of State Road AlA according to the Plat filed in the office of �he Clerk of Circuit • Court of St. Lucie County, Florida, in Plat Book 4, Page -23; said land now lying and being -in Indian River County, Florida Be,changed from R-lA to R-1 Single Family District. • A public hearing in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida in the County Commission Roon, in the County Courthouse, Vero Beach, Florida on Wednesday, July 5, 1978 at 2:00 O'clock P.M. Sincerely; C Freda Wright Fif: of Clerk CC: Dnna Howard Carter Assoc -fates, Inc. JUL 0 51973 pff , Y• , as � , BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE. JR., Chairman ALMA LEE LOY• Vice Chairman Z_ ' 's .�C WRLARD W. SIEBERT• JR. j EDWIN S. SCHMUCKER R. DON DEESON JACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach. Florida 32960 c May 18, 1978 .4 Mr. Benjamin Jacobstein 1522 Zuleta Coral Cables, Florida 33156. Dear Mr. Jacobstein In compliance with Florida Statute 125.66 the following is a Notice of Public Hearing for rezoning, as requested by Jay E. Leshaw. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida, to wit: i That part of Lot 17, Kansas City Colony, lying • East of State Road AlA, according to the Plat filed in the office of the Clerk of Circuit . Court of St. Lucie County, Florida, in Plat .Book 4, Page 23; said land now lying and being in Indian -River County, Florida Be changed from R-lA to R-1 Single Family District. A public.hearing in relation thereto will be held by the Board Of County Commissioners of Indian Fiver-County,.Florida in the County Commission Room in the County Courthouse, Vero Beach, Florida on Wednesday, July 5, 1978 at -2:00 o'clock P.M. Sincerely, Freda Wright Cleric FW:ef CC: Dana ]iovard Carter Associntes, Inc. JUL.., 5 1978 0 v ASSISTANT PLANNER BERG STATED THAT THIS PROPERTY IS LOCATED ON THE BEACH SOUTH OF ROUND ISLAND PARK NOT FAR FROM THE ST. LUCIE COUNTY.LINE.- THE LOT ACTUALLY EXTENDS ALL THE WAY WEST TO THE INDIAN RIVER, BUT THE PART TO BE REZONED LIES BETWEEN S.R. AIA AND THE OCEAN, MR. BERG INFORMED THE BOARD THAT THIS IS AN ENVIRONMENTALLY SENSITIVE AREA, AND ALTHOUGH A LOT MAY CONTAIN SEVERAL ACRES OF LAND, VERY LITTLE OF IT IS USABLE. MR. BERG CONTINUED THAT THE OWNER WISHES TO SUB- DIVIDE THE PORTION OF THE LOT EAST OF AIA INTO THREE LOTS. RE STATED THAT THE PLANNING DEPARTMENT HAS NO OBJECTION AND FEELS THAT THE R -I WOULD BE A REASONABLE USE AND WOULD MAINTAIN LOW DENSITY. HE NOTED THAT IT MERELY CHANGES THE LOT FRONTAGE TO A 75' MINIMUM INSTEAD OF A 100' MINIMUM. MR. BERG CONTINUED THAT THE ZONING COMMISSION HAS RECOMMENDED APPROVAL, AND THE HEALTH DEPARTMENT HAS GIVEN THEIR APPROVAL OF A REVERSE OSMOSIS SYSTEM FOR WATER. HE POINTED OUT THAT THIS PROPERTY IS FURTHER LIMITED BY THE COASTAL CONSTRUCTION SETBACK-'- LINE, ETBACK- LINE, AND HE FELT THIS WOULD BE THE FIRST OF MANY SIMILAR REQUESTS THAT WILL BE MADE, DANA HOWARD OF CARTER ASSOCIATES, INC., CAME BEFORE THE BOARD REPRESENTING .JAY LESHAW AND STATED THAT MR. LESHAW HAS HAD THE WATER TESTED AND IT IS HIGH IN SALTS, BUT HIS ENGINEERS SAY THAT A REVERSE OSMOSIS SYSTEM WILL TAKE CARE OF THE PROBLEMS. IT -IS TO BE A SMALL SYSTEM AND WILL BE A COMMUNITY UNIT. MR. HOWARD NOTED THAT MOST OF MR. LESHAW'S PROPERTY WHICH RUNS ALL THE WAY OUT TO THE RIVER IS IMPOUNDED AND UNUSABLE, AND HE IS VERY ANXIOUS TO DO SOMETHING WITH THE PART HE CAN USE. THE BOARD EXPRESSED SOME CONCERN ABOUT THE SUCCESS OF REVERSE OSMOSIS SYSTEMS, COMMISSIONER SIEBERT ASKED IF THE ZONING APPLICATION WAS SIGNED BY THE APPLICANT, AND MR. HOWARD STATED THAT HE SIGNED IT FOR THE APPLICANT AND WAS GIVEN AUTHORIZATION TO•DO SO. COMMISSIONER Loy POINTED OUT THAT WE HAVE A RULE THAT SAYS WE MUST HAVE WRITTEN AUTHORITY FOR SOMEONE TO REPRESENT A PETITIONER, AND ALL WE HAVE IS A LETTER SIGNED BY THREE PEOPLE SAYING THAT MR. LESHAW IS ACTING ON THEIR BEHALF. jL 0 5 1978 37 MR. HOWARD INFORMED THE BOARD THAT THERE IS A LETTER OF AUTHORIZATION FROM MR. LESHAW WHICH IS ATTACHED TO THE APPLICATION. MR. BERG PRESENTED THE LETTER OF AUTHORIZATION TO THE BOARD. THE CHAIRMAN INSTRUCTED THAT BOTH LETTERS BE MADE A PART OF THE MINUTES.. s February 16, 1978 L W. Nana Howard . Carter Associates, Inc. [Consulting Engineers and Land Surveyors 1708 - 21st Street Very Beach, Florida 32960 Dear Dana: This letter is to authorize you to proceed with the platting and zoning of my property in Vero Beach, Lot 17, Kansas City Colony. I4y title policy is enclosed with the deed information. If thi.s•policy is not sufficient, I will have to locate an actual .copy of the deed and forwmrd it to you. Thank you very much. Bes ands Jay E. shaw JEL/car Encl. ti r. JUL 0 51978 , ®: GARTER ASSOCIATES, INC. I CONSULTING ENGINEERS AND LAND SURVEYORS MARVIN E. CARTER, R.LS 1708 - Ylaf STREET DANA HOWARD, ILLS. VERO BEACH, FL. 32960 DEAN F. LUETNIE, P.E 305 - 562-4191 We, the undersigned, are aware that an application for rezoning has been filed with Indian River County on property described as follows: y .,,All that part of Lot 17, Kansas City Colony, lying Fast of Highway AIA, according to the Plat filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, In Plat Book 4, page 23; said land now lying and being in Indian River County, Florida. And that in conjunction therewith, we acknowledge that Jay Leshaw is acting in our behalf, and that we ratify and affirm all of his prior actions in conjunctions with this rezoning. We are in favor of this rezoning and desire that Mr. Leshaw continue on as a representative for all property owners. R • 3 THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD THERE WERE NONE. ON 14OTION BY.COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE No, 75-19 GRANTING THE REZONING TO R-1 REQUESTED BY .JAY LESHAW.. ';--JUL 0 5 1978 ORDINANCE NO. 78-19 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 part of Lot 17, Kansas City Colony, lying east of Highway AlA, according to the Plat filed in the office of the Clerk of the Circuit Court of St. Lucie County, ` Florida, in Plat Book 4, Page 23; said land now lying and being in Indian River County, Florida. Be changed from R -1A Residential District to R-1 Residential District. All with the meaning and intent and as set forth and described in said Zoning Regulations. ; This Ordinance shall take effect July 10, 1978. P JUL 0 51973 ,y CHAIRMAN WODTKE STATED THAT WE WILL NOW RESUME CONSIDERATION OF THE REZONING REQUEST OF MR, AND MRS. JOSEPH DETTORE AS IT HAS BEEN DETERMINED THAT THE POWER OF ATTORNEY TO RICHARD ALTMAN WAS PROPERLY EXECUTED AND SAME IS HEREBY MADE A PART OF THE MINUTES. JUL. 0 5 1978 41' 0 4 3 _ ---f 9i P10(V �\jj jiarlt rl; 'Q111roe jJrrorltin, That ....»�Ar&':1?h... 1)Q.UQX.V_-an a-l',LU21C.._ lPatWXe �1� Co- artners dba Duttore Investment Company. a Mic.113 an co- �artnerslli ««..........».................._......_............._.r............. �:........._......«........1_.................r..........».9....._...:. .1................._... .p whose business address is 30845 West• l.ight Mile Rd.. Livonia, Michigafi »......................»� ....._.. ....».» ......w.w...._...».«.»..ww.wr_»w«» 48152 ..._»» —»__- w »w» ....« ....« havo mado, constituted and appointed, and .11y Ti31rSE PRESENT'S, do mako, constituto and appoint Sebastian, Florida, our + Richard 1>.ltman of Fd »sclil tt«•regency,,,•, nc,/,,,,,•«,tuo and lawful ATT01INEY for `.i! «us: ••_and in..,r.«our ....namo, placo and stead. !,P do and perform•..any_andwall. +! _acts, and to execute any and all documents «necessary »gr__de�ilca}��-C, for »the_»rezoning`«of our real estate «in„ Indian Ri;ver_County,w,F�,Q�,d� w _ N described as ;_ _ •w..... w...».w.w.w«_.....«......w«..........wwww,. _That part I)j ingwEast of the Old Dixie_ highway« of the »South 59.25 » .1 : feet« of Lot 3 and all part lying East the fit= .that »of »Old «Dixie _,highway w._.«..w......»...«......».«....««.. _».... .. ........ ...... _ .. ..... .......... ......... _......» r ._....... .»._ t of Lot 4 and all that dart lying iast of the Ola Dixie highway_«�, ww. » .»..._w.. ..._. ..«. ......... ..._._ ..«..«... of the North 40.96 feet of Lot of A. Hudson Subdivision,.,__ „ » ...» ......r......«..r.._..........._..».._........................................................................................ N according to..plat_.of»»survey made ,by «R,„_B. Burchfield)„»noc•�«Qf--,, w ...r ............ ....... ....... �r t' record in Brevard County. . Florida, «in..«Deed Book EE,...gage.-»600,1,_-„_W« .... ...... ....... »._...«««..r.._..............«..... _«...«._....-..................................._..........................._....._t-4.ca wI»NC.«L_.U...D..«I..N..G....all riparian rights, and sub.ect.to..the..r S.t ...s�Y.... Q i U.IS. Hi hwa No. as the same now exists situ ted i.a .......«............3......._Y»..............'............_......................_....................... ..................A...«.....» l?..«3�d :...._ . _... �t '-River County:„ Fiorida.._......_......_» I • Including,»any-•,and_«aIf„pati=tion«or••-_ @jpp kationox... aDA_.».» «. •}ncluding. appearances before any--,.end,,,411.., ..i..tl..CQnP.Q.cta..ora.... tk.emwIth..............«......«... w.wrw..ww�_..w.....».«»»«..... »«»_.» .w««......w«.w:»...._....... »ww.rw.......»w. - ................... .....w»».._..»._.. »...w..«.w....._..» ........« ......w. ...., .....»ww_ .. .i ««.....»�..w.«..«w...»:w«»......«..w....:w.....«...»»«..« w......w..«...w»w..w..w.«..w.» w....«w.«.....:w«.:w.»...«w t . .«w»..«ww.ww.....««««..n..._«...w.w.w...«w....».....».«.rww......_..ww».»«....w».««.w.«.»«......««............«ww»w..w........w i «+««•«•w»w•wwww»»««.r..»•»a».ww«+«ww». «.w«»»..««.»..«»w..«««.»»«w«•»w..»««•..rw««.w»««+w.«.«.,.w•.... +«. p•w1•«.•»•««•ww«•w«ww.»•.++..«.•.««•».«.•»..•«..www.+.«w»««+•K«•w« re».ew•.w..•.•«.•._•.+»+«..•«.w ««+«.w..».«.......»+« w,»••,w.w«•««+w•.,r_w««.•w•._«»wwr«w««»...««.«.w«w«•«•r«.»w«.«.w«»w»»«w.»w«.»»»w»«w»»«r••«www.«•«..«w..»«r». giving and granting unto ..... R .ghard Altman »...... .••,,,,,,,,,,,,,,,, ,,,,»•,,,»;said Attorney, full power and authority to do and pedorm all and every act and thing whatmover requisite and necessary to bo done in and about tho premises, as fully to all intents and purposes. as ............ :Ke .... ».... «.... »..... w.w..... «... ....... ........ � might or could do if 1, rsonally present, with full power of unbstitution .and ravocation hereby ratifying 0 13 .i •'w j” , .1 . 1I+ ,1 .► + . { • •` --�' ^'.1 '+r ♦ i 0 I his and confirming all that......... . bqe ...... .. said Attorney or— --mibstitute shall law- fully do or cause to be done by virtue hereof - In WHUSM Whereof....... gq--.---.Iave hereunto set... ?!AK ....... hand.!L..andseaJs._.Ahe-._--- day oL .. . ... seventy eight thousand nine hundred...- - ---- - ---- Sealed and Delivered In Presence of �, ): Det e e 1# Af - - ------ - ----- W - 3:e State ot--- SS. County of ....way- 3e....__....._-» BE IT KNOWN. That on -day __._._0U0 thousand nine hundred Ijr .p, ..Ve pt t ....... before me a.... in and for said County, personally above named, who .... each_...to me known to be the person.... described in and who executed the above Letter Of Attorney- and respective acknowledged the same to act and deed- - �_ZX-A Notary Public, County OL..&/ - State My C013:11311118SWU expires n 99 63 tom- Ili 0 CHAIRMAN WODTKE NOTED THAT THEY ARE PROPOSING TO HAVE THREE HALF ACRE LOTS ON THE RIVER AND THREE ONE ACRE LOTS ON THE HIGHWAY, COMMISSIONER Loy STATED THAT SHE IS GLAD TO SEE SOMEONE MAKING A REQUEST FOR A LOWER DENSITY IN THIS AREA, PARTICULARLY BECAUSE OF TAE ENVIRONMENTAL QUESTIONS. SHE FELT THIS REQUEST IS IN LINE WITH OTHER REQUESTS ON RECORD FOR R-1 IN THIS GENERAL AREA, AND BASED ON,THIS, WOULD LIKE TO SEE THE BOARD APPROVE THE APPLICANT'S REQUEST FOR R—lA, COMMISSIONER SCHMUCKER POINTED OUT THAT THE MASTER PLAN SHOWS MEDIUM DENSITY. MR. HOWARD ASKED IF THIS MATTER COULD BE CONTINUED UNTIL EITHER MR. DETTORE OR HIS REPRESENTATIVE COULD APPEAR. THE CHAIRMAN FELT THE ZONING COMMISSION MINUTES INDICATE THAT THE APPLICANT IS AWARE OF THE R-2 ZONING AND STILL WANTS ONLY SIX LOTS. HE NOTED THAT R -2B ZONING WOULD ALLOW THE OWNER TO ACCOMPLISH HIS SAME PURPOSE AND AT THE SAME TIME WOULD BE MORE IN KEEPING WITH THE.AREA AND WOULD ELIMINATE ANY PROBLEMS AFFECTING ADJACENT PROPERTY, DISCUSSION CONTINUED ON THE AFFECT THE HIGHER ZONING TO R-lA WOULD HAVE ON THE SURROUNDING PROPERTY IF THESE OWNERS SHOULD IN THE FUTURE WISH TO REZONE TO R-2 OR R-3, AND MR. BERG FELT THAT R—IA WOULD DEFINITELY HAVE SOME AFFECT BUT ALSO FELT THAT R -1A AND R-2 COULD BE COMPATIBLE. COMMISSIONER SCHMUCKER REITERATED THAT HE BELIEVED THAT HIGH A RESIDENTIAL DISTRICT COULD CAUSE A PROBLEM IN THIS AREA, COMMISSIONER SIEBERT STATED THAT HE SHARES COMMISSIONER i LOY'S CONCERN ABOUT THE ENVIRONMENTAL FACTORS, BUT QUESTIONED IF R-1 IS THE HIGHEST AND BEST USE OF LAND THAT IS SURROUNDED BY TRAILERS. COMMISSIONER Loy STATED THAT IF WE ARE NOT GOING TO APPROVE THE REZONING REQUEST, SHE FELT WE SHOULD GET IN TOUCH WITH MR, ALTMAN BECAUSE NORMALLY THERE WOULDN'T BE ANY PROBLEM WITH MOVING TO A HIGHER CLASSIFICATION. THE BOARD AGREED. 44 n 4`4 JUL 0 .5 1978 �`� . 1 M ON NOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO RECONSIDER THEIR PREVIOUS ACTION AND REOPEN THE PUBLIC HEARING, ON LOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY CONTINUED THE PUBLIC HEARING ON THE REZONING REQUEST MADE BY MR. AND MRS. .JOSEPH DETTORE UNTIL 2:00 O'CLOCK P.M. JULY 19, 1978. THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT:. 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-Joumai, a weekly newspaper published' at Vero %Beach lin Indian River County, Florida; that the attached copy of advertisement, being Q-- lin the matter of�•���- /�- 1 P_r� -in the Court, was pub- lished in said newspaper in the issues of l Q c 6 o ,_3* 0 127g, / / x 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 I 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 `" a of C" A.DjQ% I ?(Bsiness Managed (sEAu (Clerk of the Circuit Court, Indi `n iver County, Florida) 45 JUL 05 1978 P11 ICE NOTICE is HERE GIVEN that the Planting and Zoning Com tission 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 M Indian River County, Florida, to -wit: From the Northwest corner of the Northwest 114 of Section 10, Township 32 South, Range 39 East, run S 89 degrees 25' 28" E, a distance of 841.26' along the section line to. the Point of Beginning; thence, 5 0 degrees 13' 43" W, a distance of 665.87': thence, 5 89 degrees 23' 40" E, a distatice ofY . thence, N 0 degrees 13. 44" E, a distance of 666.12' to the intersection of the section line between Sections 3 and 10; . thence, N 89 degrees 25' 28" W, a distance of 500.00' to the point of beginning. Containing 7.64 acres *of land, less any road rights-of-way for North Winter Beach Road which may exist. , Be changed from R•i to Agricultural 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, May 11, 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, July 5,1978, at 2:00 P.M. Board of County Commissioners Indian River County By: William C. WodtkeJr.,Chairman Indian River County Planning & Zoning Commission By: Dick Bird, Chairman p Apr. 26, 30,1978. i ktir.:•l � 345, PY,-h. 6 THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO MR. AND MRS. ENNIS H. PROCTOR BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.66. -BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE. JR.. Chairman ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT, JR. z EDWIN S. SCHMUCKER R. DON DEESON JACK G. JENNINGS, Administrator 2145 14th Avenue Vero Beach, Florida 32960 May 17, 1978 Mr. and Mrs, Ennis H. Proctor P.O. Box 159 -Winter Beach, Florida 32971 Dear Mr. and Mrs. Proctor: In compliance with Florida Statute 125,66 the following is a Notice of Public Hearing for rezoning, as recpested by you. NOTICE ° The Zoning Map will be changed in order that the following described property situated -in Indian River County, Florida to wit: From the Northwest corner of the Northwest 1/4 of Section 10 Township 32 South Range 39 East run S. 890 25' 8" E, a distance ok 841,26' aloes the section line to the V.o.b.; thence S oo 13 43" W, a distance of 665.87 ; thence 5896 23'40"E, a ! distance of 500.00'; thence, N 00 13' 44" E, a distance of 666,12' to the intersection of the section line between Sections 3 and 10; thence, N 890 25' 28" W, a distance of 500.00' to the p,o.b. Containing 7.64 acres of land, less any road rights -of taay for North Winter Beach Road which may exist Be changed from R-1 Single Family District to A - Agricultural 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, July 5, 1978 at 2:00 o'clock P.M. Sincerely, FHT:ef 46 J U L 0 5.1973 Freda Wright, Clerk ASSISTANT PLANNER BERG INFORMED THE BOARD THAT THIS PROPERTY IS LOCATED ON THE SOUTH SIDE OF WINTER BEACH ROAD AND IS IN AN AREA ZONED R-1 WITH SOME AGRICULTURAL ZONING TO THE WEST. HE NOTED THAT THERE IS ALSO SOME M-1 ZONING IN THE AREA, AND THE AREA IS PRETTY MUCH UNDEVELOPED. THE SUBJECT PROPERTY HAS A LAKE ALONG WITH SOME EXCESS FILL. MR. BERG STATED THAT THE ZONING COMMISSION HAS RECOMMENDED DENIAL OF THE REQUEST BECAUSE IT IS CONTRARY TO THE MASTER PLAN, AND EVEN THOUGH AN AGRICULTURAL ZONING IS REQUESTED, THERE WOULD BE A MORE OR LESS COMMERCIAL TYPE USE OF THE PROPERTY WHICH MIGHT RESULT IN OTHER REQUESTS OF A SIMILAR NATURE. COMMISSIONER SIEBERT POINTED OUT THAT ACTUALLY THE -ZONING COMMISSION HAD A TIE VOTE, AND NO AFFIRMATIVE ACTION INDICATES DENIAL. a COMMISSIONER SIEBERT CONTINUED THAT IN REGARD TO COMPLIANCE WITH THE MASTER PLAN, HE WOULD STAND BY THE FACT THAT AGRICULTURAL ZONING IS A HOLDING ZONE AND CAN BE INCORPORATED IN ANY PART OF THE MASTER PLAN. MR. BERG AGREED THAT AGRICULTURAL IS A HOLDING ZONE, BUT •� POINTED OUT THAT THE OWNER INTENDS TO USE THE LAND FOR A COMMERCIAL NURSERY, WHICH MIGHT LEAD TO DIFFICULTIES LATER. COMMISSIONER SIEBERT FELT THAT THE OPERATION OF A NURSERY IS A COMMERCIAL THING AND SHOULD NOT BE PERMITTED IN AN AGRICULTURAL ZONE. MR. BERG STATED THAT SALE OF PLANTS IS ALLOWED IN AGRICULTURAL ZONING AND•HE BELIEVED.THAT A NORMAL ACCESSORY USE TO THE GROWING OF PLANTS WOULD BE THE SALE OF THEM. HE STATED THAT HE DID FIND SOME DIFFICULTY IN A TRANSITION FROM A NOTHING USE TO A USE THAT WOULD LEAD TO A MORE COMMERCIAL TYPE, ENNIS PROCTOR INFORMED THE BOARD THAT HE OWNS TWO 10 ACRE TRACTS IN THIS AREA, AND THE EAST PART IS VERY LOW LAND. HE CONTINUED THAT HE HAS DUG A FISHING LAKE ON THE•ONE TRACT AND HAS TO FILL SOME OF THE LOW LAND, HIS INTENTION IS TO HAVE A COMMERCIAL NURSERY. MR. ENNIS CONTINUED THAT HE WAS INFORMED THAT HE COULD DO THIS IN A CLANDESTINE MANNER, BUT HE WANTS TO DO IT LEGALLY. MR, ENNIS STATED THAT HIS PROPERTY IS NOW ZONED R-1 AND IT RUNS 47 ow JL 0.510`3 INTO PROPERTY -ZONED M-1, WHICH HE HAS BEEN INFORMED IS A BAD SITUATION. HE POINTED OUT THAT HE CAN'T BUILD ANYTHING COMMERCIAL OR R-1 ON THIS PROPERTY BECAUSE IT IS TOO LOW, AND HE, THEREFORE, WOULD LIKE IT ZONED AGRICULTURAL SO HE CAN USE IT. MR. BERG STATED THAT -MR. PROCTOR'S PROPERTY ABUTS M-1 AT ONE POINT .ON NORTH WINTER BEACH ROAD, BUT THE REST ABUTS R-1. COMMISSIONER Loy STATED THAT SHE DOES NOT WANT TO CREATE ANOTHER SITUATION SUCH AS WE ALREADY HAVE WITH AN EXISTING NURSERY SURROUNDED BY RESIDENTIAL. COMMISSIONER SIEBERT INFORMED THE BOARD THAT THE PROPERTY TO THE EAST OF MR. PROCTOR'S PROPERTY THAT IS ZONED R-1 IS COMPLETELY UNSUITABLE FOR BUILDING RESIDENCES. MR. BERG AGREED THAT THE LAND IS LOW AND UNUSABLE IN ITS PRESENT STATE, BUT THE PROBLEM ARISES IN TRYING TO LINE UP THE COMPREHENSIVE PLAN WITH EXISTING ZONING. MR, BERG NOTED THAT THERE ARE A LOT OF AREAS WHICH AT THE PRESENT TIME ARE NOT READY FOR DEVELOPMENT AS SHOWN ON THE COMPREHENSIVE PLAN, AND HE FELT ADDITIONAL STUDY SHOULD BE MADE OF THESE AREAS, MR. PROCTOR ASKED WHAT HE COULD REZONE HIS PROPERTY TO SO HE COULD USE IT, AND THE BOARD FELT HE WAS ON THE RIGHT TRACK. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER .Loy, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE NO. 78-20 GRANTING•THE REZONING TO AGRICULTURAL REQUESTED -By ENNIS PROCTOR. JUL 1 � 10, , ORDINANCE NO. 78-20 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: From the Northwest corner of the Northwest 4 of Section 10, Township 32 South, Range 39 East, run S 890 25' 28" E, a distance of 841.26' along the section line to the Point of Beginning; thence, S 00 13' 43" W, a distance of 665.87'; thence, S 890 23' 40" E, a distance of 500.00'; thence, N 00 13' 44" E, a distance of 666.12' to the intersection of the section line between Sections 3 and 10; thence, N 890 25'.28" W, a distance of 500.00' to the Point of Beginning. Containing 7.64 acres of land, less any road rights - .of -way for North Winter Beach Road which may exist. Be changed from R-1 to A -Agricultural District. All with the meaning and -intent and as set'f.orth and described in said Zoning Regulations. This Ordinance shall take effect July 10, 1978. JUL.0 5 1978 `• 35 ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS RECEIVED A CALL FROM _BILL PHILLIPS OF THE ENVIRONMENTAL PROTECTION AGENCY REQUESTING THAT MEMBERS OF THE COUNTY COMMISSION AND THE CITY COUNCIL MEET WITH THEM IN ATLANTA SOMETIME DURING THE WEEK OF JULY 17TH TO DISCUSS QUESTIONS IN REGARD TO THE INTENT OF THE TRIPARTITE AGREEMENT. AFTER SOME DISCUSSION, CHAIRMAN WODTKE AUTHORIZED VICE CHAIRMAN LOY"TO ACCOMPANY ATTORNEY COLLINS TO THIS MEETING IN THE EVENT HE IS OUT OF TOWN ON VACATION WHEN IT IS HELD, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER• SIEBERT, THE BOARD UNANIMOUSLY APPROVED OUT—OF—COUNTY TRAVEL FOR COMMISSIONER LOY AND ATTORNEY COLLINS TO GO TO ATLANTA TO MEET WITH THE EPA, IF NECESSARY. ADMINISTRATOR JENNINGS REPORTED THAT HE HAS RECEIVED A CALL FROM CHARLES BARRETT OF THE DOT REQUESTING THAT THE SECONDARY ROAD MAINTENANCE AGREEMENT BE EXECUTED. THE ADMINISTRATOR STATED THAT HE HAS DETERMINED THAT THIS AGREEMENT IS THE.STANDARD FORM USED BY THE DOT ALL OVER THE STATE. THE ONLY VARIANCE THEY HAVE MADE IS IN THE LARGER COUNTIES WHERE THEY MADE THE TRANSITION IN TWO STEPS RATHER THAN ONE. THE ADMINISTRATOR STATED THAT IF THE BOARD HAS ANY QUESTIONS, HE WILL TAKE THEM UP WITH MR. BARRETT, BUT NOTED THAT WE NEED TO GET AN ANSWER BACK TO HIM AND GET THIS MATTER CLARIFIED. DISCUSSION FOLLOWED ON THE FUNDS INVOLVED, AND -IT WAS NOTED THAT THE ROAD & BRIDGE•DEPARTMENT WILL NEED AN INCREASED.LABOR FORCE. INTERGOVERNMENTAL COORDINATOR THOMAS RECOMMENDED THAT SURPLUS FUNDS WHICH WE HAVE ALREADY ACQUIRED FROM THE 7TH CENT GAS TAX BE RESERVED FOR ROAD PROJECTS WHICH DO NOT MEET STATE STANDARDS. HE NOTED THAT THE MONIES THAT WILL BE AVAILABLE FOR NEW CONSTRUCTION FROM THE 5TH AND 6TH CENT GAS TAX WILL HAVE TO MEET STATE STANDARDS AND BE CERTIFIED TO THE STATE BY REGISTERED ENGINEERS. THESE LATTER MONIES COULD BE USED FOR PROJECTS SUCH AS BARBER AVENUE AND INDIAN RIVER BOULEVARD WHICH MUST MEET STATE STANDARDS. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER 50 470 JL 051978 SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN THE AGREEMENT IN REGARD TO MAINTENANCE OF THE SECONDARY ROADS AS PREPARED BY THE DOT IMMEDIATELY UPON RECEIPT OF COMMITMENTS FROM THE DOT ON EACH OF THE INDIVIDUAL ROADS ABOUT WHICH WE ARE CONCERNED. COMMISSIONER SCHMUCKER INFORMED THE BOARD THAT HE HAS BEEN CONTACTED BY SEVERAL PEOPLE IN REGARD TO THE 4:00 P.M. RATE HEARING SCHEDULED FOR IXORIA UTILITIES WHICH THEY WOULD LIKE TO BE HELD ,LATER IN THE DAY. HE NOTED THAT IT HAS ALREADY BEEN ADVERTISED FOR THIS HOUR, AND IN GENERAL DISCUSSION, IT WAS AGREED THAT WITH THE LONG AGENDA ANTICIPATED, IT PROBABLY WILL BE HEARD LATER THAN 4:00 P.M. IN ANY EVENT. COMMISSIONER LOY DISCUSSED WITH THE BOARD A BILL RECEIVED FROM JACKSON MEMORIAL HOSPITAL FOR TREATMENT OF INDIGENT, JOHN MCINTOSH, WHO WAS REFERRED TO THEM FROM INDIAN RIVER MEMORIAL HOSPITAL. COMMISSIONER LOY STATED THAT THERE HAS BEEN CONSIDERABLE` CORRESPONDENCE IN REGARD TO THIS MATTER, WHICH SHE FEELS SHOULD BE MADE A PART OF THE RECORD. SHE NOTED THAT UNDER THE NEW HEALTH " RESPONSIBILITY ACT PASSED BY THE LEGISLATURE, WE BEAR CONSIDERABLE RESPONSIBILITY WHEN OUR PEOPLE ARE TRANSFERRED TO A'HOSPITAL.OUTSIDE OF OUR COUNTY FOR TREATMENT. COMMISSIONER LOY NOTED THAT IN THIS CASE THE PATIENT WAS IN THE HOSPITAL 68 DAYS AND THE TOTAL HOSPITAL BILL IS $57,22$.49. SHE FELT, HOWEVER, THAT JACKSON MEMORIAL HOSPITAL DID NOT OBTAIN THE EXACT AUTHORITY THEY SHOULD HAVE FROM INDIAN RIVER COUNTY AND THEY DID NOT USE HRS FORMS.• COMMISSIONER LOY CONTINUED THAT ATTORNEY COLLINS IS RECOMMENDING THAT WE FOLLOW OUR STANDARD PROCEDURE AND PAY THEM FOR THE FIRST 12 DAYS, WHICH WE FEEL ARE THE RESPONSIBILITY OF THIS COUNTY, AT THEIR PER DIEM RATE OF $242.00, WHICH WOULD AMOUNT TO A TOTAL OF $2,904.00. SHE NOTED THAT THE FINANCE DEPARTMENT NEEDS AUTHORIZATION TO PAY THE BILL IN SOME MANNER. ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THAT THE BILL RECEIVED' FROM JACKSON MEMORIAL HOSPITAL FOR PATIENT JOHN-MCINTOSH BE PAID AT THEIR CURRENT PER DIEM RATE OF $242.00 FOR A TOTAL OF TWELVE DAYS. 51 ,.. .. ,. .. � .. a a.....a. ��..: u. ,t a .-.. a..a ,„: .. ... ,..1. .,�.,,.. �•..,.�...:..... .:,.. '"...e..-uua. �:. �• ..,,C .e..,., .Aiw•..+.-•w tiu 'Rw F�r�J. SAF' L..ku .,1 • TYPEFI7ILL BILLING DATE BILLING PERIOD e� 7JACKSON °�EI+tlOR1 OAL HOSPITAL CQ AA = •UPublic hospital Lwenxd by lite Stale of Florida ' / 031;.'.3 a`�I • rUOLIC6H6ALTN,NULToro^DCCOUNTV • FLORIDA PHONE 305 325-6463 N I{II N.W. I&TH AVCNU . MI AMI. FLORIO^ 771]4 a (l�dt4l. !)�/hi 01107 ' PATIENT NAME PATIENT NUAfBE ROOM NUMBER DOCTOR r ADMITTED DISCHARGED P91E t) 6734-02 A 0 C GILLW-41 01/07/78 03/16/78 � J i-E(.II�IT(.Sti, .ICiiTC � 1:35211_ dF,O 7 . BIL.L. TO __INSURANCE COMPANY GROUP NUMBER POLICY NUMBER JOHN 11GI10f;511 Inidan River County Welfare Dep&tme t . I� 514 SC; 27 CT #7 = 2535 - 14th Avenue ~ Vero Beach, Fla. 3296 ATTN: Ms. anice Lindsey • VF'p"'iN 9&RAN ""AA E FOR '149110r�9'149110N ION IS HOSPITALS ESTIMATE O --. OATS^ DESCRIPTION TOTAL IST. INSURANCE TND. INSURANCE • 3RD. INSURANCE DUE FROM CHARGE COVERAGE COVERAGE COVERAGE GUARANTOR* . LV I-1 SUMf4 RY OF CFMRGES. K£.0 SEI11-1'. 9 DAYS all 72.77/DAY . 1,555.00 1,555.0(1 Ix K&C .IAE';0 38 DAYS x131.94/0AY 5101 r1.00 9,400.00 U) R.&<�':.{:fii�F 21 13AYS . a?400-00/`2AY 8,400.00 81400.00 ONI: i T iNv F. F E.C.(?VF =:Y (?t ."� -2 1, 13o.')0 11 130.00 441.00 w ANF�OH-:SIA SUP"I'LIES 04 441.00 9# E357.5C 2:FW- LAI•^F°.ATrt;� { 116 9#857.5041830.50 - vO INJt i,TARL [ ,FfJGS L IV SOLUTIONS 10 41P,30.50 11122.00 A X -VAN - UTAGNOSTIC OE) 11'17_2.00 8#656.32 q DRUG1C 8,656.32 Q = CFf'SSIhJ1:.S AN10 SUPPLIL'S 13 111.783.00 1117£t8.00 E- ( CYYt;E� 15 77,3.00 77&.00 v tz ELEL�.l i. All 1)117 GR AMS (EKG) 16' 301).00 300.00 • = O T/ KL hC.NIE: DFUCS 90 54. 11 54.17 z PPYSICAL TtIERAPY 1C� 21552.00 2*552.QO E O ¢ TF,1F Sh{151Ot1 SFT -UP AND SEfiViCi: 20 2110.00 2'40.00 N D' k3,CLE: IBLCCU AND PACKFC CELLS 21 390.00 390.00 3300 w ¢ Et*ERGS v1.Y I.i; M VISIT 23. 33.00 . Ix w kl>i31C15(1T()Nks 27 27.00 277.0000 60.00 v ¢ R .00 DERIVATIVES 31 60000 J >> 57.229.47 571228x49 • LU 1.. ,...... W I,GT 1 : n R 1".SlJr,'1Ct' Co1 PU POSES _ Per diem rate 68 days @$242.00=$16,456.00 ' LU IX Diagnosis: 40% total body surface area -flame burn. Surgery: 1 25 78 - S lit thickness kin Surgery: 1 11 78 - Debridement left .& right arms graft w ole body. 1 Surgery: l 18 78 - Debridement burn wounds See attached letter of.auth rization�� •I _ .�.__.12_i$-�G 57,2Z".k? J 571228.49 TOTAL DATE INDICATCD FOR CHARGES REPRESENTS ALL BILLS ARE DUE AND PAYABLE ON DISCHARGE. ' DATE OF POST NG. NOT NECESSARILY DATE *INSURANCE PORTION OF THIS STATEMENT IS HOSPITAL'S 7.228.49 SERVICE RENDERED. ESTIMATE, AND NOT TO BE CONSIDERED FINAL. PAY THIS ESTIMATED AMOUNT ALL UNPAID BALANCES ARE DUE FROM GUARANTOR. IRS *59 = 6600.673 * .IINPr C �E March 30 1978 Dear Ms. Lindsey: - In response to your tetter dated January 27,1978, this is ; to advise that we have been unable to locate relatives locally. We do. however have the name and address of his Mother, Joyce Mae Sanders, 219 Hayes Street, Thomasville, Georgia. Since this was •a requested transfer from a hospital in Indian River .� County we do consider Hospital charges your responsibility. In the event you do nedd any further clarification concerning this patient feel free to contact the Social Service Department of the hospital. . P Sincerely yours, - D Edris D. Jackson : - Patient Financial Representative EDJ/rr . 35 - • war°(;�y}) {'t. ;Fr . J U L 0 51978 JUL Q 5 1973 gas. ?4 / 1 TO 14410M IT HAY CONCERN: TfV This patient John McIntyre is a medical emergency not treatable In Indian River County. - n Kathryn Vrentice, Nu ing Kromel 1/7/78 1/7/75 JUL Q 5 1973 gas. ?4 L�w • ��nn r .. �j ::� Kl�1q �J 12Tve-A JV(en�Mia� -�lo=iaQ a.;i3 .i 7 T3 ' t RECORD OF ADMISS ►af—lr.`i tY✓s{ ta'� See Note Be1�il�i��: - iVt `s...S. s•.••45i - i'.t K, �,.:•o=:• •. •:: rt when cques"Eicnea t Ar• -•a.• CIT., .• ..... ._. .:. w ata - t.. t !i:•f.::r • ' Doe, _John �t :.Ci i\ .. •tilt' L •� .•a•1 � i • r.. •• • �;; ,:.. - , .�� = ' 4.� �. —TV, .. • .... • ;;;;;rias t 12-803 .. .. ••JJI \JWi • i{• .. • name is i ohhHy r•;tlf ty---re-)• �•: c�-�O4•.• ,-.= } No positive Info on this R.v c►'! tt.c.w ha t A.,t ,ir!ri X0}414 1% / 6 1: 00c'3JI1 tN; CO7ctVr e:.:viSS :4 MALE 2 t(q•AlE r ••4 :JD! YtVG M : . '• e 4 1 1 + •if<K salt l CR: M/T/G •^a+t:I 1•44 V4 11/05/8 SU : CCU QM; 323 •O.b..:Ct7til xsol. - P-34200, ' LS•:.RA4 t!S( • !4051 !w!ct'i! .�.• 'C' ztltt . StAIE • 1P t: (yya.:.r'O: r••.%t • •. YES NO •j.4Yti! 3- i' .r R•t"39 - .. `• • . : ` :4 .,' «± t� • = A• •• ' �• •- _ _ - a s• .1 4'• �...4: t.ro.O•4a !•:1.is.tR %•.:r�tSi :a±. •v i:.1t f :.r _s±:•.. ... 'tatit.O+ta %J t ro sstE1.0-waa • r:ro;v+ti g.^:wa!}a 'a1Rlt' .'• Staa t 'J!tXCARE Mce, NU'ABER PART vts %0 t:E_•:::•+Q •Q. NUMBER :oavaa•Jv r.r App 41RtQ. B I + :NFO.Ell K, �,.:•o=:• •. •:: rt when cques"Eicnea Dy '• s—u•* sZaTes T1c.Ll:\e 15 Ut: Bally• 4.ciL 1l Vil :-•:�-_• = .=_. Sheriff Office states his name is i ohhHy r•;tlf ty---re-)• �•: c�-�O4•.• ,-.= } No positive Info on this of at Admission -- Time:.-, %c y tN; CO7ctVr e:.:viSS :4 — SUB. NA:•E tx FS CERT•F.CAl NO C-40up . t a 'a•t SUB. NAVE PDOVISPONat 01=-�,NQS157 FINAL D:AGNOSIS: _5/c 4 0. F%-xLt'/'cd V, 4cr, e, e, t ei SECONDARY DIAGNOSIS OR COMPLICATIONS: •._• o :$i OPERA' 1( N:. •'•- 1.� � �c C-r>t G HP Dote tine DS 3- �,,,��t�.-. fit �w•.«-� � •.?tt.� �-; OP • CON ;04SWAVON *01114 SPONSOR C!tit! O1 b{Atw Autopsy •ES •+ ter ••••+1 Ica`a•h!. t.►• t•tC•.o\ rt. r.• ��ti —� tG'WD r. a•'f•.. •:. f.... a� .��. .. maw.y..«e»:+t......�.•-•.,.,..�...,v ,... ,.. � Pr—+. n •--», .. .1. _ "Tit.•avi^r+:',f:c'�:.•sA4.e�C�'�•M,m�••..'.^;o:�Y!M.'T^. ^�+•;.�F`.+e.W.'.ft!GRT••KY.r I�Y•!"•P�1�M.at.N4�.4.cvv�_. JUL 0'5 1973 ra LLs,_ 275 PRESENT ILLNESS: This is about a 30 year old colored male admitted with body burns and several lacerations in a three day old injury to the left forearm. He relates he woke up, lying in bed at a lady friend's house on fire and ran out of the house and rolled in sand to extinguish the burns. On examination of the patient in the ER reveals body burns with the following approximate distribution. About one to three percent burns of the face and neck and ears involving the lips and tongue to a small degree as well as ears. About 18% of the anterior trunk, about 10-12% of the upper extremities, mainly of the arms and sparing the left forearm and both hands. About S% burn of portions•of_the genitalia including some of the foreskin and part of the perineum and the proximal medial thighs. There is also found a laceration of the right forehead apparently incurred at the Same time as well as a jagged, dirty, laceration of the right.hand on the dorsum -of the MP joint- of the ring finger. This reveals an exposed extensor apparatus which is about 75+ divided probably entering the joint. No particular matter is seen. There is swelling and marked tenderness and pain.at any motion of the left forearm and x-rays reveal this to be a fracture of the ulnaobliquely involving the distal ..one half or third and entering the wrist joint. This was incurred three days ago when the patient was injured in a football game. Initial treatment consisted of a cut down in the saphenous vein above the right ankle - with an 18 catheter and the administration of electrolyte fluids rapidly, cleansing of the burns, debridement of the burns, application of Silvadene Cream. Using local anesthesia the laceration of right forehead was cleansed*and repaired with several sutures of interrupted 5-0 Ethalon. The laceratzrn of the hand was anesthetized with local anesthesia and irrigated thoroughly with sterile saline and cleansed with Betadine solution and a single horizontal mattress suture of 3-0 Ethalon was placed to approximate the extensor apparatus and the wound was closed loselp with interrupted 4-0 Ethalon and a Xerofor.. antibiotic 4X4 Kling dressing applied just to the portion of the hand injured and a portion of the burns of the hand. The left forearm was treated with application of sheet wadding and Volar metal splint and an orthopedic consultation requested for the following day. A Foley catheter was placed. . PAST HISTORY: General health has been satisfactory. He admits to a hospitalization in 1969 and in Chatanooga, Tennessee for s:ab wounds with a 14 day hospitalization and an abdominal exploration though he knowsnct what procedure was done. He has had a snake bite in the past. Otherwise in good health. . F91ILY HISTORY: Noncontributory. REVIEW OF SYSTEMS: s Essentially negative. Continued'. . • JUL 051�`� He denies any allergies. Dr. Signature 1467 _r Rsd.6/77 r�GK 5 FAQ — 2 f 6 0 dr MAL nv�a-� e Vero Beach, Florida . - - HISTORY ACID PHYSICAL • / . I[ - ' - • r. patient Name Mending Physidan Room No. .Hosp. No. : CARLTO-I, JORNTNY Or . M N''IYYRE, JOHN or Dr. John Terry CCU 11-28-03 PRESENT ILLNESS: This is about a 30 year old colored male admitted with body burns and several lacerations in a three day old injury to the left forearm. He relates he woke up, lying in bed at a lady friend's house on fire and ran out of the house and rolled in sand to extinguish the burns. On examination of the patient in the ER reveals body burns with the following approximate distribution. About one to three percent burns of the face and neck and ears involving the lips and tongue to a small degree as well as ears. About 18% of the anterior trunk, about 10-12% of the upper extremities, mainly of the arms and sparing the left forearm and both hands. About S% burn of portions•of_the genitalia including some of the foreskin and part of the perineum and the proximal medial thighs. There is also found a laceration of the right forehead apparently incurred at the Same time as well as a jagged, dirty, laceration of the right.hand on the dorsum -of the MP joint- of the ring finger. This reveals an exposed extensor apparatus which is about 75+ divided probably entering the joint. No particular matter is seen. There is swelling and marked tenderness and pain.at any motion of the left forearm and x-rays reveal this to be a fracture of the ulnaobliquely involving the distal ..one half or third and entering the wrist joint. This was incurred three days ago when the patient was injured in a football game. Initial treatment consisted of a cut down in the saphenous vein above the right ankle - with an 18 catheter and the administration of electrolyte fluids rapidly, cleansing of the burns, debridement of the burns, application of Silvadene Cream. Using local anesthesia the laceration of right forehead was cleansed*and repaired with several sutures of interrupted 5-0 Ethalon. The laceratzrn of the hand was anesthetized with local anesthesia and irrigated thoroughly with sterile saline and cleansed with Betadine solution and a single horizontal mattress suture of 3-0 Ethalon was placed to approximate the extensor apparatus and the wound was closed loselp with interrupted 4-0 Ethalon and a Xerofor.. antibiotic 4X4 Kling dressing applied just to the portion of the hand injured and a portion of the burns of the hand. The left forearm was treated with application of sheet wadding and Volar metal splint and an orthopedic consultation requested for the following day. A Foley catheter was placed. . PAST HISTORY: General health has been satisfactory. He admits to a hospitalization in 1969 and in Chatanooga, Tennessee for s:ab wounds with a 14 day hospitalization and an abdominal exploration though he knowsnct what procedure was done. He has had a snake bite in the past. Otherwise in good health. . F91ILY HISTORY: Noncontributory. REVIEW OF SYSTEMS: s Essentially negative. Continued'. . • JUL 051�`� He denies any allergies. Dr. Signature 1467 _r Rsd.6/77 r�GK 5 FAQ — 2 f 6 0pip,{ 35 PAU . 277 TR Lai--RIVER ol 'TIT -ul tyr C V JUL 0 5 1978 UC L o ���� :. ,�- 279 VERO BEACH a FLORIDA • April 19, 1978 Mr. Joseph E. Lombardo . Jackson Memorial Hospital 1611 R. W. 12th Avenue Miami, Florida 33136 .. Re: John McIntosh Dear Mr. Lombardo: In response to the statement which I received on the above patient, there seems to be quite a misunder- standing. The County accepts responsibility for John ' McIntosh only for twelve (12) initial days as it so states on each Hospitalization Form. This applies for every indigent patient which has received -care at your facility and for any additional days that are needed the attending physician must write'a medical report on = wby these days are essential; this is a requirement - for each person. Enclosed find a copy of the letter sent July 20, 1977. I have marked in parenthesis one of the Counties - requirements, which must be complied to and this was not done. Therefore, Indian River County Welfare De- will only accept the responsibility for twelve �artment 12) initia?. lays approved not to exceed thirty (30) days. Before Indian River County will accept responsibility, .- 0 then and onlythen will it be ac , accepted after a medical =' Y: report is received from the attending physician. - ery truly yours,\ " ' ter,'). ,�'.c ; .:_ `�' . ,'•'� .. `_, � ,, Ms. Janice M. Lindsey,Director \ • Indian River County. Welfare . JML/dda ^ UC L o ���� :. ,�- 279 JUL 05 1978 BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman 4 ALMA LEE LOY, Vice Chairman 1 VALLARD W. SIEBERT, JR. G. 1 EDWIN S. SCHMUCKER FL DON DEESON ORP JACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach, Florida 32960 • May 2, 1978 Mr. Joseph E. Lombardo Jackson memorial Hospital -1611 N. W. 12th Avenue Miami, Florida 33136 In Re: John McIntosh -Dear Mr. Lombardo: I have been referred by the Indian River County Welf4re Department,, Mrs. Janice Lindsey, to answer the request by'' • Jackson Memorial Hospital for payment on the above mentioned patient. His patient number was 13521296007, having been treated by Ward C. Gillon, admitted on January 7,, 197A. and discharged on March 16, 1978. As you are aware, Indian River County authorized treat- ment up to twelve days. If you believe'Jackson Memorial Hospital is due additional sums, please cite your authority so that I may review same. Sincerely, SO4E G.7COL—LI: 'GEO E G COLLINS, JR.. Attorney to the Board GGC,Jr/ph cc: Is. Alma Lee Loy A. Us. Janice M. Lindsey X! is JUL 05 1978 r, is f JACKSON MEMORIAL HOSPITAL 1611 N.W. 12TH AVENUE MIAMI, FLORIDA 33136 D5 7 3 C% R �� June 8, 1978 co acFiL Board of County Commissioners 1z Indian Indian River County 2145 14th Ave., Vero Beach, F1. 32960 Attn: George G. Collins, Jr. Re: John McIntosh #13521298007 Dear Mr. Collins: Your letter of 5/2/78 to Mr. Lombardo has been referred to me for response, my apologies for the delay. I have reviewed Mr. McIntosh's account, I think the following are key issues: 1. Patient was an emergency transfer from Indian River Memorial Hospital. The attached medical records and correspondence state that the patient is "not treatable in Indian River County". 2. The patient was admitted on 1/7/78 (Saturday), on 1/10/78 we advised Indian River County of the patient's admission via the attached farm letter. 3. On Jan. 27, 1978, Indian River County wrote J.M.H. a letter accepting ISI. responsibility and asked for additional clerical information. On 3/3/78 we forwarded the name and address of the patient's mother to Ms. Janice Lindsey. Please note the patient's referral on 1/7/78 and Ms. Lindsey's letter. ..of 1/27/78. There is not a mention of twelve (12) days. 4. On 4/12/78, we billed Indian River for $16,456.00 (68 x $242.00). 5. On 4/19/78 Ms. Lindsey wrote J.M.H. taking exception to our biliing. . 6. On 5/2/78 George Collins, Jr. wrote J.M.K. requesting our authority to bill for more than twelve (12) days. AN EQUAL OPPORTUNITY EMPLOYER JUL �5197 a i1r PAU r 281, - . • ` t. Board of County Commissioners �. Indian River County June 8, 1978 Page 2 When we accept patients from communities outside of Dade, County, they are Y fre uentl patients with medical problems that cannot•be attended to in q their own community. Mr. McIntosh's hospital bill totaled $57,663.49, our bill to Indian River was at our Medicaid rate (242.00 per day). At best, if Indian River pays our bill as presented, the citizens of Dade County still have a burden. Our authority to bill for more than twelve (12) days is within the Health Care Responsibility Act; specifically 154.306, "In all instances, be liable for the cost of treatment provided to said certified indigent at a regional referral hospital for any emergency medical condition which will deteriorate from failure to provide such treatment and when such condition is determined by the attending physician to be of emergency nature". I hope this clarifies our position. Please contact me directly if there are any additional questions. Sincerely,..: Pichard S. Wolfson xt • Business Manager_ RSW/md _ - c: Glenn Peterson, Director of Finance Joe Lombardo, J.M.H. Mike Graham, Assist. County Attorney " Ms. Janice Lindsey, Indian River County 4$ ° 5 �1978 7 Ft,,,,: ��� J�L 5 19 92OARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT, JR. EDWIN S. SCHMUCKER i R. DON DEESON WK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach, Florida 32960 June 15, 1978 Ms. Janice M. Lindsey, Director Indian River County Welfare 2535 - 14th Avenue Vero Beach, Florida . In Re: John McIntosh .Dear.Ms. Lindsey: Please find enclosed a copy of Florida Statute 1.54.306., Financial responsibility for out -of -county indigent patients treated at a regional referral hospital. I think it is clear, under the Statute, that Indian River County has responsibility for twelve days. I feel you should go ahead and make that payment to Jackson Memorial Hospital. The Administrator for the Hospital was relying on 'the last sentence in the enclosed Statute to justify compensation beyond the twelve days. 'I think we should resist this effort and have no other communication with them at this time. I, therefore, suggest that you go ahead and send them a,check for payment fo twelve days, make no reference to the emergency care, and -then let's sit back and see what happens. Sincerely, GEORGE G. COLLINS, JR. Attorney to the Board GGC,jr/ph Enclosure cc: Ms. Alma Lee Loy w/enc. JUL 0 51973 F�,,: JUL� 5 1978 a �;....,..•.-.....�-•wv�Y+saes.s.�r.�+.++.•�.e......�....�.,.+orw .. - rsys.�wse 4u�GA284 • COUNTY ORGANIZATION) ETC. § 154.31 ,•ilii 154.306 Financial responsibility for out -of -county indigent patients treated at a regional referral hospital financial responsibility for treatment received at a regional referral e trr Ultimate hospital by a certified indigent patient who is a resident of the State of Florida but is not a resident of the county in which the regional referral hospital is located shall be the of which the certified indigent patient is a resident. A i :.. •: �• ., : �-_ _ . f,.;,o the obligation of county county's financial responsibility for each of its resident certified indigent patients o �- s �' ••; r..: -N i= +. , receiving treatment at a regional referral hospital shall be limited to payment for 12 da)s of services per admission, not to exceed 45 days per annum, at the per diem j ' reimbursement rate currently in effect for the regional referral hospital under the aledical assistance program for the needy under Title XIX of the Social Security Act, However, no, county shall be required to pay for services at a regional as amended. referral hospital when such services are available at a local hospital in the county where the indigent resides, except that the county where the indigent resides shall, in t �•. all instances be liable for the cost of treatment provided to said certified indigent ata � _ .. � .._ . i .• ,' y � t-r;�`=_ `; regional referral hospital for any emergency medical condition which will deteriorate from failure to provide such treatment and when such condition is :�:x.;:•t.=' . s. determined by the attending physician to be of an emergency nature. Derivation Laws 1977, c. 77455, $ 5. 154.308 Certification of indigency for the purpose of this act; rules Not later than October 1, 1977, the department, in consultation with the Florida (Association of County Welfare Executives, shall adopt rules which provide a ;-Y :• statewide eligibility standard for certifying residents of each county as indigent for ithe purposes of this act. These rules shall further provide that certification as ;.r•._r•,•. indigent for the purposes of this act may occur either prior to a person's admission to a regional referral hospital or subsequent to such admission, but in any event if a _- °;; : = �'-�: `-• determination of whether a patient meets or does not meet eligibility standards for certification as indigent for the purpose of this act is not made within 30 days (following notification to the county of residence of the patient's admission to a 'regional referral hospital, the patient shall be considered to have been a certified indigent patient upon admission. A patient certified as indigent for the purpose of this act subsequent to his or her admission to a regional referral hospital shall be considered to have been certified upon admission. Such certification shall be made by .t - .` a person designated by the board of county commissioners or, in the absence of such a director the full time health unit. Furthermore, any r,� k :,•c£ tib' ,��,hM�`�,'s°•��. designated person, by the of county may establish standards of eligibility which are less restrictive than the 4 Standards adopted by the department under this section, and no county may establish standards which are more restrictive than the standards adopted by the 'department under this section. _ Derivation Laws 1977, c. 77455, $ 6. •154.31 Obligation of the regional referral hospital #' • '� •• ' `�"' As a condition of accepting the procedures of this act, each regional referral hospital,in Florida shall be obligated to admit for treatment all Florida residents who '± sheet the eligibility standards established pursuant to § 154.308 and who meet the ,• medical standards for admission to such institutions. a Derivation je !, Laws 1977, c. 77455, $ 7. �� • .. ... •.w_r w... .._.. � « • •a.•• �.___�._.____. N .r�«.._�w w rte. •�. w•.�w+www mow. t._w ��_... JUL� 5 1978 a �;....,..•.-.....�-•wv�Y+saes.s.�r.�+.++.•�.e......�....�.,.+orw .. - rsys.�wse 4u�GA284 COMMISSIONER Loy INFORMED THE BOARD THAT FINANCE OFFICER BARTON HAS REQUESTED THAT AN AUDIT BE DONE OF THE U.D.U. RECORDS SINCE WE TOOK THEM OVER. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER -SCHMUCKER, THE BOARD UNANIMOUSLY RECOMMENDED TO FINANCE OFFICER BARTON THAT THE FIRM OF O'HAIRE, PETERKIN & MORAN BE EMPLOYED TO DO AN AUDIT OF URBAN DEVELOPMENT UTILITIES FOR THE PERIOD FROM .JANUARY 1, 1978 THROUGH .JUNE 30, 1978. COMMISSIONER LOY NOTED THAT THE COUNTY OWNS A SEWAGE PACKAGE PLANT LOCATED -IN THE TOWN OF INDIAN RIVER SHORES ON LAND WE HOPE.TO. DEVELOP INTO A PARK, WHICH PLANT IS BEING MANAGED AND MAINTAINED BY INDIAN RIVER UTILITIES. COMMISSIONER Loy INFORMED THE BOARD THAT NUMEROUS COMPLAINTS HAVE BEEN RECEIVED AND ALSO HAVE BEEN. REGISTERED WITH THE DER REGARDING THIS FACILITY. SHE NOTED THAT INDIAN RIVER UTILITIES IS DEFINITELY IN DEFAULT AS TO THE WAY . 4 THEY HAVE HANDLED THIS, AND SINCE WE NOW HAVE A UTILITIES DEPARTMENT WHO CAN TAKE THIS OVER, SHE RECOMMENDED THAT WE NOTIFY THE OWNERS OF INDIAN RIVER UTILITIES THAT WE WOULD LIKE TO TERMINATE OUR AGREEMENT WITH THEM. ON.MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY.TO NOTIFY INDIAN RIVER UTILITIES THAT WE FIND THEM IN DEFAULT AND THAT THE COUNTY WILL MOVE EXPEDITIOUSLY TO TERMINATE OUR CONTRACT WITH THEM. CHAIRMAN WODTKE ANNOUNCED THAT THE BOARD WILL NOW CONTINUE WITH THE PUBLIC HEARING ON THE COUNTY 1"!ATER AND SEWER ORDINANCE WHICH WAS RECESSED AT 9:45 O'CLOCK P.M. ON .TUNE 21, 1978, AND CONTINUED UNTIL WEDNESDAY, .JULY 5, 1978, AT 5:00 O'CLOCK P.M.' HE STATED THAT THE PROPOSED ORDINANCE HAS BEEN REWRITTEN AND ASKED THE ATTORNEY TO PRESENT HIGHLIGHTS OF ANY CHANGES. ATTORNEY COLLINS INFORMED THOSE PRESENT THAT THE ONLY REAL DIFFERENCE IS THAT THE ORDINANCE HAS BEEN MODIFIED TO*MAKE BOTH WATER AND SEWER HOOK-UP MANDATORY RATHER THAN PERMISSIVE; ALSO SPACE HAS. BEEN LEFT FOR THE COMMERCIAL RATE STRUCTURE, WHICH ENGINEER BEINDORF WILL PROVIDE; AND THE EFFECTIVE DATE WILL BE UPON THE COMPLETION OF BOTH SYSTEMS, JUL 051978 A tit, rM ��ti m COMMISSIONER SIEBERT DISCUSSED SETTING A TIME ELEMENT FOR CONNECTION BECAUSE HE FELT IF THE PROVISION TO.PUT PLUMBING IN ACCEPTABLE CONDITION IS NOT CARRIED OUTITHEY ESCAPE THE MANDATORY HOOK-UP PROVISION. ATTORNEY COLLINS POINTED OUT THAT THERE WOULD BE A PENALTY. COMMISSIONER SCHMUCKER SUGGESTED THAT SECTION 9 BE REWORDED TO STATE "WHENEVER IT IS DESIRABLE OR REQUIRED TO CONNECT OLD PLUMBING...., " ATTORNEY COLLINS AGREED THIS COULD BE CHANGED, BUT NOTED THE WORK MUST BE DONE BEFORE THE CONNECTION IS MADE, COMMISSIONER SIEBERT NOTED THAT SECTION 15 DISCUSSED "PRIVATE" WATER SUPPLIES AND HE HAD THOUGHT PRIVATE WATER SUPPLIES ARE NOT SUPPOSED TO GO INTO THIS SYSTEM AT ALL. ATTORNEY COLLINS EXPLAINED THAT APPARENTLY HE HAD ELIMINATED THE WORD "PRIVATE" ALL THOUGHOUT THE PARAGRAPH, BUT INADVERTENTLY , LEFT IT IN THE SECTION TITLE. COMMISSIONER SCHMUCKER DISCUSSED SECTION 6.- RATES AND SUGGESTED THAT THE SEWER RATE OF $7.50 PER MONTH BE ADDED UNDER PARAGRAPH A AND THE WORD "RESIDENTIAL" ELIMINATED, AND THAT PARAGRAPH B APPLY TO COMMERCIAL RATES. ENGINEER BEINDORF REVIEWED IN DETAIL THE BREAKDOWN OF SEWER RATES FOR FIVE DIFFERENT CATEGORIES: APARTMENTS, MULTI -FAMILY UNITS AND MOBILE HOME PARKS WITH WATER METERS - MOTELS OR HOTELS - RESTURANTS - LAUNDROMATS - AND ALL OTHER'RETAIL STORES, SCHOOLS, ETC, HE NOTED THAT THE COMMERCIAL WATER RATE WOULD BE THE SAME. AS RESIDENTIAL. ATTORNEY COLLINS STATED THAT BECAUSE OF THE DETAIL OF THE COMMERCIAL RATE STRUCTURE, HE WOULD REMOVE PARAGRAPH C OF SECTION 6. CHAIRMAN WODTKE ASKED IF ANY PRESENT WISHED TO BE.HEARD. VICTOR HART OF GIFFORD INFORMED THE BOARD THAT HE IS NOT SO MUCH OPPOSING MANDATORY HOOK-UP AS THE TIMING OF IT. MR. HART QUESTIONED WHETHER THE COUNTY HAS ENOUGH INFORMATION ABOUT THE HABIT OF THE WATER USERS IN THE AREA TO SAY THAT NOW IS THE TIME TO GO INTO MANDATORY HOOK-UP. HE POINTED OUT THAT THE COUNTY IS DEALING ��e v PA; 0 L WITH A LIMITED AMOUNT OF WATER; THERE ARE ONLY SO MANY GALLONS; AND THE COUNTY DOES NOT NOW KNOW THE FULL USE THAT WILL BE MADE OF THE WATER SYSTEM. MR. HART ALSO NOTED THAT THE COUNTY IS TAKING ON A SYSTEM THAT HAS BEEN RUNNING FOR THE PAST THREE YEARS ON'SULPHUR WATER AND HE DOUBTED THAT THE LINES COULD BE FLUSHED SUFFICIENTLY TO GET RID OF THE SULPHUR WATER IN A FEW WEEKS. MR. HART THEN DISCUSSED THE POSSIBILITY OF "BLOW—OUTS," AND.THE NEED FOR A SECOND VALVE IN THE TANK. MR. HART STRESSED THAT IT IS VITAL TO STUDY THE HABIT OF THE WATER USERS BEFORE MAKING THE HOOK—UP MANDATORY, DELORES ANDERSON OF GIFFORD ASKED IF THE ORDINANCE WILL BE EFFECTIVE IMMEDIATELY UPON ITS PASSAGE, AND ATTORNEY COLLINS INFORMED HER THAT IT WILL NOT BE EFFECTIVE UNTIL THE SYSTEM IS IN. MRS. ANDERSON THEN INQUIRED ABOUT BILLING AND ASKED IF PEOPLE WOULD RECEIVE ONLY ONE BILL AND NO REMINDER. COMMISSIONER SIEBERT NOTED THAT BILLING IS AN ADMINISTRATIVE PROCEDURE. HE FELT THAT A REMINDER WOULD BE SENT BEFORE DISCONTINUING SERVICE BUT NOT JUST ON A ROUTINE MONTHLY BILLING. MRS. ANDERSON THEN ASKED WHETHER YOU CAN WATER YOUR OWN GRASS WITH YOUR OWN WATER SUPPLY, AND COMMISSIONER SIEBERT STATED THAT NO PRIVATE WATER SUPPLY CAN BE HOOKED INTO THE SYSTEM, BUT THEY CAN BE USED TO WATER LAWNS.. ' CLYDE MORGAN INQUIRED ABOUT REQUIRED CONNECTIONS AND CONNECTION FEES. CHAIRMAN WODTKE EXPLAINED THAT AS THE ORDINANCE IS NOW WRITTEN, IF PEOPLE ARE WITHIN 200'OF A WATER OR SEWER LINE, THEY WILL BE REQUIRED TO HOOK ON. HE STATED THAT THE FEES TO BE SET FOR THE CONNECTION OF BOTH THE WATER AND SEWER WILL BE DETERMINED BY RESOLUTION, NOT BY THIS ORDINANCE, BUT THE FEE FOR A WATER TAP—IN HAS BEEN TENTATIVELY APPROVED AT $200, AND.THE SEWER CONNECTION WILL BE AT COST WHEN THE COST IS ESTABLISHED.' CLYDE MORGAN FELT THAT MAKING THIS MANDATORY AND THEN SETTING A PRICE OF $200 IS A BIT STEEP FOR PEOPLE WHO CAN'T AFFORD IT. CHAIRMAN WODTKE POINTED OUT THAT THE PRESENT CHARGE MADE BY U.D.U. is $250. JUL 0 5 1978 ►I or e 461 COMMISSIONER SIEBERT NOTED THAT THE BOARD IS RECEPTIVE TO PAYMENT BEING STRETCHED OUT OVER A PERIOD OF 12 MONTHS OR SO. CHAIRMAN WODTKE FURTHER NOTED THAT THERE WILL BE ADDITIONAL COST FOR THE PROPERTY OWNERS BECAUSE THEY HAVE TO CONNECT FROM THE PROPERTY LINE TO THEIR HOUSE AND THE COST WOULD BE BASED ON THE DISTANCE FROM THE METER TO THE HOUSE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. COMMISSIONER SIEBERT STATED THAT HE IS GOING TO RELENT A -BIT FROM HIS POSITION AT THE LAST MEETING EVEN THOUGH HE IS STILL VERY MUCH IN FAVOR OF MANDATORY HOOK-UP. HE FELT THAT AT SOME POINT e IN TIME WE NEED TO GET EVERYONE WITHIN 200' CONNECTED, BUT HE ALSO e AGREED WITH MR. HART THAT WE NEED SOME EXPERIENCE BEFORE REQUIRING MANDATORY HOOK-UP. COMMISSIONER SIEBERT STATED THAT HE,THEREFORE, WOULD NOT INSIST ON MANDATORY HOOK-UP AT THIS TIME, BUT BELIEVED - WE WOULD HAVE TO COME BACK BEFORE VERY LONG TO REVIEW THIS MATTER AND EVENTUALLY HAVE MANDATORY HOOK-UP, COMMISSIONER Loy POINTED OUT THAT THE EXISTING CUSTOMERS ON THE SEWER LINE WOULD HAVE TO BE REQUIRED TO HOOK-UP TO THE WATER, BUT SHE FELT THAT NO ONE ON THE EXISTING SYSTEM WOULD WANT TO UNHOOK -AND THEN HAVE TO PAY TO HOOK ON LATER, COMMISSIONER Loy STATED THAT HER CONCERNS OF THE LAST MEETING ARE STILL THE SAME AND THAT SHE FEELS,,IN THE LONG RUN,HOOK-UP WILL HAVE TO BE MANDATORY. SHE CONTINUED THAT SHE HAS HAD THE OPPORTUNITY TO CONSULT WITH OUR ENGINEERS AND NOW HAS SOME ADDITIONAL INFORMATION THAT AGREES. WITH WHAT PSR. HART TELLS US, MAINLY THAT WE DON'T HAVE �. A TRACK RECORD AND WE MIGHT BETTER'GO A LITTLE MORE CAREFULLY AND GET SOME EXPERIENCE WITH ACTUAL OPERATION BEHIND US BEFORE WE MAKE IT MANDATORY. COMMISSIONER Loy STATED THAT SHE WOULD NOT WANT ANYONE TO FEEL THAT SHE WOULDN'T SUPPORT MAKING HOOK-UP MANDATORY AS SOON AS WE CAN, BUT SHE NOW FEELS WE WOULD BE BETTER OFF NOT TO IN THE BEGINNING. SHE NOTED THAT THIS WOULD ALSO GIVE THE PEOPLE IN THE AREA A LITTLE MORE TIME TO BEGIN PAYING THEIR CONNECTION FEES SO THEY WOULD BE PREPARED WHEN THE LINES ARE AVAILABLE. JUL 0 51978 Ll m COMMISSIONER SIEBERT INFORMED THOSE PRESENT THAT THROUGH THE HOUSING STUDY, HE HAS FOUND THAT THERE ARE VERY LOW INTEREST LOANS AVAILABLE FOR THOSE WITHIN A CERTAIN ECONOMIC LEVEL, HE RECOMMENDED THAT ANYONE FOR WHOM THE HOOK-UP CHARGES WOULD WORK A REAL ECONOMIC HARDSHIP CONTACT FHA IN FORT PIERCE IN REGARD TO A DIRECT LOAN, CHAIRMAN WODTKE STATED THAT HE ALL ALONG HAS BEEN IN AGREEMENT WITH THE ADVISORY COMMITTEE IN REGARD TO HAVING A PERIOD OF TIME TO BUILD SOME HISTORY AS TO UTILIZATION OF THE WATER. HE FELT THE SYSTEM EVENTUALLY WILL HAVE TO BE MANDATORY, BUT NOTED THAT IN A PERIOD OF TIME WE WILL KNOW THE COUNTY'S POSITION FOR ADDITIONAL WATER AND TREATMENT OF WATER, AND HOPEFULLY WILL HAVE A NEW AGREEMENT WITH THE CITY. THE CHAIRMAN FELT THAT WHEN WE GET INTO A MANDATORY SITUATION, WE MUST BE SURE WE HAVE WATER AVAILABLE FOR EVERYONE, AND IT IS POSSIBLE THERE COULD M BE A GREATER UTILIZATION OF WATER THAN WE ANTICIPATE, HE THEN SUGGESTED ALLOWING AT LEAST -A 12 MONTH PERIOD OF TIME TO ESTABLISH SOME KIND OF RECORD AND GIVE THE RESIDENTS AN OPPORTUNITY TO SHOW US THAT THEY ARE GOING TO UTILIZE THE SYSTEM ON A VOLUNTARY BASIS, CHAIRMAN WODTKE POINTED OUT THAT WHEN WE EXPAND THE SEWER SYSTEM, IT WILL BE MANDATORY. ENGINEER BEINDORF AGREED WITH THE CHAIRMAN'S SUGGESTION OF A YEAR TO ESTABLISH SOME EXPERIENCE. COMMISSIONER SIEBERT STATED THAT HE WOULD RATHER NOT SET A DEFINITE TIME FRAME BUT JUST AGREE THAT IT WILL HAVE TO BECOME MANDATORY WHEN WE HAVE THE BASIC INFORMATION. COMMISSIONER SCHMUCKER DISCUSSED MAKING IT MANDATORY IN ONE YEAR'S TIME UNLESS THE BOARD DECIDES TO DEFER IT. ATTORNEY COLLINS BELIEVED THAT WITHIN LESS THAN A YEAR WE WILL BE COMPLETELY REVISING THIS ORDINANCE. CHAIRMAN WODTKE NOTED THAT WE MIGHT HAVE TO COME BACK IN THREE MONTHS AND MAKE HOOK-UP MANDATORY BECAUSE IF PEOPLE ARE NOT GOING TO PARTICIPATE, WE WILL NOT BE ABLE TO EXTEND WATER SERVICE INTO AREAS WHRRE IT WILL NOT BE UTILIZED, 35 F�J- CHAIRMAN WODTKE STATED THAT HE WOULD LIKE TO SEE THE BOARD INCORPORATE IN THE RESOLUTION, NOT THIS ORDINANCE, SOME METHOD IN WHICH PAYMENT CAN BE MADE OVER A PERIOD OF TIME. COMMISSIONER LOY AGREED THAT SHOULD BE DONE AS SOON AS POSSIBLE SO THAT THE PEOPLE HAVE THE OPPORTUNITY TO START WHEN THEY KNOW THEY VA1 T TO RECEIVE THE SERVICE. GROVER FLETCHER INQUIRED WHETHER THE ORDINANCE UNDER DISCUSSION WILL AFFECT JUST GIFFORD OR THE WHOLE COUNTY. ATTORNEY COLLINS STATED THAT IT WILL BE A COUNTYWIDE ORDINANCE BUT WILL ONLY HAVE AN AFFECT WHERE THE SERVICES ARE AVAILABLE. MR. FLETCHER THEN ASKED IF IT IS POSSIBLE THAT THIS MAY d GET TO A POINT WHERE WE MAY HAVE TO GIVE THE FULL CREDIT AND FAITH OF THE COUNTY TO GET IT OFF THE GROUND, AND ATTORNEY COLLINS STATED THAT COULD HAPPEN IN THE FUTURE, BUT WILL NOT IN REGARD TO WHAT WE ARE DOING RIGHT NOW. COMMISSIONER LOY NOTED THAT THE PUBLIC HEARING ACTUALLY IS CLOSED AND THE ORDINANCE WILL NOT BECOME EFFECTIVE UNTIL THE SYSTEM i! IS READY TO GO SO THE ATTORNEY SHOULD HAVE AMPLE TIME TO REWRITE THE ORDINANCE. CHAIRMAN WODTKE ASKED IF THE BOARD IS IN AGREEMENT AS TO THE RATE STRUCTURES BOTH RESIDENTIAL AND COMMERCIAL AS OUTLINED BY THE ENGINEER. COMMISSIONER SCHMUCKER NOTED THAT BASICALLY WE MUST ABIDE BY THESE RATES BECAUSE OF FHA REQUIREMENTS, AND THE BOARD AGREED. THE CHAIRMAN ASKED IF THE BOARD AGREES THAT MANDATORY HOOK-UP WILL NOT BE REQUIRED FOR WATER AT THIS TIME, BUT THAT ANYONE ON THE SEWER SYSTEM MUST TAKE THE WATER ALSO. THE BOARD AGREED. THE ATTORNEY WILL REWRITE THE ORDINANCE AS DISCUSSED. THE FOLLOWING INSTRUMENTS IN REGARD TO THE ACQUISITION OF URBAN DEVELOPMENT UTILITIES, INC., BY THE COUNTY ARE HEREBY MADE A PART OF THE MINUTES: QUIT CLAIM DEED - UDU TO COUNTY WARRANTY DEED - UDU TO COUNTY 70 JUL 0 5 1978 jUL X1978 RELEASE OF LIEN - FHA STATEM NTS ¢F CON INU ION, PART A R LEA ASSIG MENT ETCH, ORM C - .R, OOK pp , G. Ih,_B)OK ) - F�q ORM U :R OOK 2 , 0. 1341, PG 144) FHA ORM UE - 3 ,R, OOK 46 , G 21) FHA 71 L=j • QUIT -CLAIM DIED {ROM CORPORATION .. 205464 RAMCO FORM 42 This Quit -Claim Deed, Executed this � / day of URBAN DEVELOPMENT UTILITIES, INC. a corporation existing under the laws of Florida business at .A.D. t9 78 , by e and having Its principal place of 111131 party. to INDIAN RIVER COUNTY, a political subdivision of the State of Florida whose posto f f ice address is second party: (Wherever sued herein the term "rant party" and "second party" shall include sinanlar and plural. heirs. Meat representatives. AM assigns of individuals, and the succesuus and assigtn of corporations, whenever the coatem so admin or requires.) s ltaesseth, That the said first party, for and in consideration of the sum of S in hand paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise. re- lease and quit-clairn unid the said' second party forever, all the right, title, interest, claim and demand which 11he said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River State of Florida „ to crit: easement for location of a well, on, in and under the following scribed property: l North 30 feet of the South 80 feet of the West 45 feet of that •tain property described in Deed Book 67, page 173, public records of' Tian River County, Florida; LESS road rights-of-way. ALSO: An easement for the construction of a water main 3 feet in .h lying 1-1/2 foot either side of the following described line, It: mmencing at a point 10 feet west of the Northwest corner of the north i feet of the south 80 feet of the west 45 feet of that certain operty described in Deed Book 67, page 173, public records of Indian .ver County,Florida; thence, run south along 28th Avenue 10 feet ist of the East right-of-way to a point which is 10 feet south of the firth right-of-way of 45th Street (North Gifford Road); thence west ,ong 45th Street to a point which is 10 feet west of the East ,ght-of-way of 35th Avenue; thence south along 35th Avenue 10 feet !st of the East right-of-way to a point which is 10 feet south of the firth right-of-way of 44th Street; thence, east along 44th Street 10 :et south of the North right-of-way to the Urban Development Utilities ,ter Plant Site. To Daue and to Mold the same together with all and singular the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what - over of the said first party, either in law or equity, to the only proper use, benefit and behoof of the said second party forever. In 10itness 16ftereof the said first party has caused these pres- (CORPORATE SEAL) encs to be executed in its name, and its corporate seal to be hereunto affixed• by its proper of iters thereunto duly authorized, the day and year first above watt _(�' URBAN D VELOPMENT UTILITIES, INC. ......... .... �Y. ........K... .......' ... ...«.............................................. ................... ............. A1'fE ictor Hart secretary Sign Baled and delivered in the presence o BY........ ......... ....... . ...........!' .... .. .........� .. ...........� ....... . .........«.«.......... Prhldtn[ George Ed wa d Jo , Vice STATE OF FLORIDA a COUNTY OF INDIAN RIVER I HEREBY CERTIFY that na thi, day, before me, an officer duly authorized in the Sate and County aforesaid to take arknos ledamenn. prtsonaBy appeared GEORGE EDWARD JOHNSON and VICTOR HART wen Lou%a to sue to be the Vice President and Secretary respectively of the enrporathu named as rant party in the foregoing deed• and that they severally acknowledged executing the mine in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by aid corporation and that the seal affixed thereto is the true corpora seal of said corp taNd......... .� 1 �1 • WITNESS my hand and official seal in the County and State last aforesaid this day of at _ A "P,.IY .7$ v. f.J Notary Public, State of Floridaak Large. My commi s s ion exp: orb's: I N( hi ninif-m f+rr +tin,A'41,1PARE-i BY Att'i%ti:u COI LIN',*,. EV'44 „�, ) • , MANNING. CHABIL111 D. AI IORNEYS AT LAZY P. 0. BOX 3611111- N4 PE.WIII AND BLVD. (� [` (� {{�� rr ''1� p VERO E+FACH, Ft C 12A 32? *0 �'R.n 5 U 4 fi1GL U 5 Z 8 :...: _ _ _ 1pnl( . • i �etvriR 35 �Alj�t%vV �1 UL n 51978 c�cIca 0" 0�, C3 Ujtcc u.�; c. tC:�fCLa, N t C3.z -� LLJ -� Q C) � � s 205040 WARRANTY DEED J41opt"HIS WARRANTY DEED, Made and executed the day of "54 1978, by URBAN DEVELOPMENT UTILITIES, INC., a tion existing under the laws of the State of Florida, l having its principal place of business at Indian River County, Florida, hereinafter called the Grantor, to INDIAN RIVER i COUNTY,a political subdivision of the State of Florida, whose t office address is: einafter called the Grantee: WITNESSETH: That the grantor for and in cdnsideration of the sum of TEN AND N0/100 DOLLARS and other valuable consider- ations, receipt whereof is hereby acknowledged, by these presents does grant, bargain, sell, alien, remise, release, convey and - confirm unto the Grantee, all that certain land situate in Indian River County, Florida, viz: PARCEL 1: The South 50 feet of the North 726.43 feet of the East 100 feet of the West 370 feet of the NE 1/4 of Section 27, Township 32 South, Range 39 East(a/k/a Lot 13, Block E, North Gifford Heights #2, unrecorded). TOGETHER with a non-exclusive easement for ingress and egress in common with others, over, on and below the North 782 feet of the Easterly 60 feet of the West 430 feet of the aforesaid NE 1/4 of Section 27, Township 32 South, Range 39 East, said easement extending northward from an access easement and right-of-way known as 43rd Place to North Gifford Road. PARCEL 2: Commencing at the NW corner of 'the -NE 1/4 of Section 27, Township 32 South, Range 39 East, run East 270 feet to a point; thence run Southerly parallel with and on the Eastern boundary line of North Gifford Heights, Unit 1, a distance of 672 feet to a point; thence run East and parallel with the North line of Section 27, a distance of 160 feet to the Point of Be- ginning; thence continue East along the heretofore referenced line 220.66 feet; thence run South 110 feet; thence run West 220.90 feet to a point on the East.line of an access easement known as 34th Court; thence run North 110 feet to the Point of Beginning (a/k/a Lots 5, 6, 7 and 8, Block C, North Gifford Heights #2, Unrecorded). TOGETHER with a non-exclusive easement for ingress and egress in common with others, over, on and below the North 782 feet of the Easterly 60 feet of the West 430 feet of the aforesaid NE 1/4 of Section 27, Township 32 South, Range 39 East, said Easement extending northward from an access easement and right-of-way known as 43rd Place to North Gifford Road. PARCEL 3: From the SW corner of Section 22, Township 32 South, Range 39 East, Indian River County, Florida, run South 89059'30" East a distance of 999.50 feet; thence run North 0043135" West a distance of 285.12 feet to the Point of Beginning; thence run East 100.00 feet; thence run South 0°43135" East a distance of 35 feet; thence run West 100.00 feet; thence run North 0043'35" West a distance of 35 feet to the Point of Beginning. LAW OFFICES OF COLLINS, BROWN. VAN DE VOORDE & EVANS. CHARTERED P. O. BOX 3686 - 744 BEACHLAND BOULEVARD - VERO BEACH. FLORIDA 32960 PHONE 567.4360 P. O. BOX 266 220 NORTH U. S. NO: i - SEBASTIAN, FLORIDA 32956 PHONE 599.3156 0005b0PABE2b 19 2'dem�i RCEL 4: All easements, sewer and water lines, distribution stems, pump stations, storage tanks and other related and purtenant property owned by the Grantor. RCEL 4: The East 5 acres of the NE 1/4 of the SW 1/4 of. Section , Township 32 South, Range 39 East, Indian River County, Florida; SS the North 600 feet of the East 130 feet thereof. TOGETHER th a non-exclusive easement on, over and across the South 35 et of the NE 1/4 of the SW 1/4 of Section 22, Township 32 South, .nae 39 East. TOGETHER with all the tenements, hereditaments and es thereto belonging or in anywise appertaining. TO HAVE AND TO HOLD, the same'in fee simple forever. AND the Grantor hereby covenants with said Grantee that it is awfully seized of said land in fee simple; that is has good ight and lawful authority to sell and convey said land; that t hereby fully warrants the title to said land and will defend ,he same against the lawful claims of all persons whomsoever; nd that said land is free of all encumbrances except taxes bsequent to December 31, 1977. IN WITNESS WHEREOF, the grantor has caused these presents be executed in its name, and its corporate seal to be reunto affixed, by its proper officers thereunto duly thorized, the day and year firs ove M _ A A f U� DEV�OPMENT UTI I � ES , INC. Attest , (CORPORATE SEAL) OF FLORIDA OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me-, an officer ly-authorized in the State and County aforesaid to -take knowledgments, personally appeared FRED PLAIR and VICTOR RT, well known to me to the President and Secretary, !spectively of the corporation named as Grantor in the fore- oing Deed, and that they severally acknowledged executing the ane in the presence of two subscribing witnesses freely and Iluntarily under authority duly vested in them by said cor- oration and that the seal affixed thereto is the true cor- Irate seal of said corporation. WITNESS my hand -and official se in the County and State r,st aforesaid this /( _day of .e -✓ Notary Public, State of Florida at• ,) . ; _� :. Large. My commission expires:,� �•�;..• PREPARED BY GEORGE G. COLLINS. JR. ••J'� DLLINS. BROWN. VirOe`!OORDF. EVANS & � , c,/••„ .....• t 'A,,; INNING. CHARTERED, ATTOR!VEYS AT' LAW P. 0. BOX 3690 - 74.3 BEACH' AND BLVD. VERO BEACH .S FLOMOA '4 :; E VOORDE & EVAN B, CHARTERED LAW OFFICEOF daL INS. BROWN. VAN D. p. O. BOX 3686 - 744 BEACHLAND BOULEVARD - VERO BEACH. FLORIDA 32960 PHONE 667.4360 p. O. BOX 266 - 220 NORTH U. 9. NO. 1 - SEBASTIAN, FLORIDA 32968 PHONE 689.3156 oo�05bB AD[200 U 1 ��� b�,p� P4�F 294 20,5033 RELEASE KNOW ALL MEN BY THESE PRESENTS, That the United States of America, acting through the Administrator of Farmers Home Administration, as owner and holder of the following -described lien instrument (s) made and executed by URBAN DEVELOPME14T UTILITIES, INC. and UNITED STATES OF AMERICA, acting through FARMERS HOME -ADMINISTRATION, of Post Office Box 1088, Gainesville, County of Alachua, State of Florida, filed or recorded in the Clerk of the Circuit court's office of Indian River County, State of Florida, to -wit: Lien Instrument Mortgagee Date of Date. Book No. Page No. Instrument Filed • v Mortgage USA -.Farmers Home Administration '12-11-68 12-11-68 302 126 Re-recorded 4-23-69 314 34 Mortgage USA - Farmers Home Administration 8-5-69 8-5-69 324 103 Mortgage USA - Farmers Home Administration 5-31-74 5-31-74 466 832 Financing USA - Farmers Home r 12-11-68 302 143 Statement Administration Financing USA - Farmers Home Statement Administration 9-5-69 324 109 Re-recorded 2-6-70 .341 144 Financing USA - Farmers Home 6-4-74 467 21 Statement Administration for value received does hereby release from the lien of said instruments, the following described property: SEE SCHEDULE "A" ATTACHED HERETO ONLY THE ABOVE DESCRIBED PROPERTY is released from the lien of the aforesaid instruments. This release shall not affect or modify the obligations .secured by the said lien instruments, and the said obligations shall continue in force -and effect until fully paid, satisfied, and discharged. IN WITNESS WHEREOF, the UNITED STATES OF AMERICA has caused these presents to be signed the ,Zd Y4dayof 1978• TnTITN SES : UNITED ST TES OF A1M� �4 C By Title'Zta l FarmQrS Home -Administration United States Department of Agriculture ,1111- n,5 1978 JUL 51978 u% 35 P4�1 STATE OF FLORIDA ACKNOWLEDGMENTCOUNTY OF INDIAN RIVER On this 20th day of June , 1978, before me, the subscriber, - a notary public, in and for the above County and State, appeared RAY R. PALMER , known to me to be the Actino Administrator , Farmers Home Administration, United States Department of Agriculture, and the person who executed the foregoing instrument, and he acknowledged to me that he executed the same as the free act and deed of the United States of America, for the uses and purposes therein mentioned. ••IN jgITNESS WHEREOF, I have hereunto set my hand and seal at Vero Beach ., q iii Rivet County, Florida the day and year aforesaid. ,J,'s 1� [! �: _ • Notary Public, State of Florida at - My 3;6i�mscon`expires: 3-23-82 Large 4 r JUL 51978 u% 35 P4�1 .SCHEDULE "A" PARCEL 1: The South 50 feet of the North 726.43 feet of the East 100 feet of the West 370 feet of the NE 1/4 of Section 27, Township 32 South, Range 39 East(a/k/a Lot 13, Block E, North Gifford Heights #2, unrecorded)-. TOGETHER with a non-exclusive easement for ingress and egress in common with others, over, on and below the North 782 feet of the Easterly 60 feet of the West 430 feet of the aforesaid NE 1/4 of Section 27, Township 32 South, Range 39 East, said easement extending northward from an access easement and right-of-way known as 43rd Place to North Gifford Road. PARCEL 2: Commenciing at the NW corner of the NE 1/4 of Section 27, Township 32 South, Range 39 East, run East 270 feet to a point; thence run Southerly parallel with and on the Eastern boundary line of North Gifford Heights, Unit 1, a distance of 672 feet to a point,; thence run East and parallel with the North line of Section 27, a distance of 160 feet to the Point of Be- ginning; thence continue East along the heretofore referenced line 220.66 feet; thence run South 110 feet; thence run West 220.90 feet to a point on the East line of an access easement known -as 34th Court; thence run North 110 feet to the Point of Beginning (a/k/a Lots 5, 6, 7 and 8, Block C, North Gifford Heights 162, Unrecorded). TOGETHER with a non-exclusive easement for ingress and egress in common with others, over, on and below the North 782 feet of the Easterly 60 feet of the West 430 feet of the aforesaid NE 1/4 of Section 27, Township 32 South, Range 39 East, said Easement extending northward from an access easement and right-of-way known as 43rd Place to North Gifford Road. PARCEL 3: From the SW corner of Section 22, Township 32 South, Range 39 East, Indian River County, Florida, run South 89°59'30" ` East.a distance of 999.50 feet; thence run North 0043'35" West a distance of 285.12 feet to the Point of Beginning; thence run East 100.00 feet; thence run South 0043135" .East a distance of 35 feet; thence run west 100.00 feet; thence run North 0°4335" West a distance of 35 feet to the Point of Beginning. PARCEL 4: The East 5 acres of the NE 1/4 of the SW 1/4 of Section , Township 32 South, Range 39 East, Indian River County, Florida; LESS the North 600 feet of the East 130 feet thereof. TOGETHER ` With a non-exclusive easement on, over and across the South 35 feet of the NE 1/4 of the SW 1/4 of Section 22, Township 32 South, Range 39 East. AND ALSO: An easement for location of a well on, in and -under the following described property:. The North 30 feet of the South 80 feet of the West 45 feet of that certain property described in Deed Book 67,page 173, public records of Indian River County: LESS road rights-of-way. -AND ALSO: An easement for the construction of a water main 3 feet in Width lying l-1/2 foot either side of the following described line, to -wit: Commencing at a point 10 feet west of the Northwest.corner of the north 30 feet of the south 80 feet of the west 45 feet of that certain property described in Deed Book 67, page 173, public records of Indian River County, .Florida; thence, run south along 28th Avenue 10 feet west of the East right-of-way to a point which is 10 feet south of the'north right of way of 45th Street (North Gifford Road); thence west along 45th Street to a point which is 10 feet west of the East right -of -way -of 35th Avenue thence South along 35th Avenue 10 feet west of the East right-of-way to a point which is 10 feet south of the North right-of-way of 44th Street; thence, east along 44th Street 10 feet south of the North right-of-way to the Urban Development Utilities Water Plant Site. ju 7' 5 197 F oRO558SPACE2611 ..M • �.i Wastewater works, water works, sewer distribution system and water dis- tribution system, together with all appurtenances thereto but not limited ! to pump houses and mechanical equipment, pumps, motors, electrical material, pipes, valves, meters, couplings, drills, casings, wells, reservoirs, and tanks owned or operated by Urban Development Utilities, Inc. All substitutes and replacements for, accessions, attachments, and other additions to, and tools, parts and equipment used in connection with the above collateral. ti All right, title and interest of Urban Development Utilities, Inc. to and under any and all licenses, easements and rights-of-way, franchises, ordinances, privileges and permits granted, issued or executed, to it or to its assignors by the United States of America, or any state or by any county, city,municipality, or other political subdivision thereof, or by any agency, board, commission or department of any of the foregoing, or by any individual, partnership or corporation, authorizing the con- struction, acquisition, or operation of wastewater works; water works, sewer distribution system and water distribution system, or systems, in said county. All right, title and interest of Urban Development Utilities, Inc. in, to and under any and all contracts executed by and between Urban Development utilities, Inc. and any individual, partnership, corporation, state, county, city, municipality, or other political subdivision thereof, per- taining to the distribution and supply of sewer and water. All collateral similar to the above hereafter acquired by Urban Develop- ment Utilities, Inc. All sewer and water charges, tolls, assessments, accounts receivable and other choses in action of whatever nature. J U L 5 1978 7 ' J U L 5 1978 Nn5b8ni1G"L2 1 .- N 71 � G7 %7 . • �.�. •Tt� \ J I -M C3 • ' �}�~ C�O •� /may. v• ��t Nn5b8ni1G"L2 1 I . • I P e •. } e • e • e i • 1 y • I STATE OF FLORIDA UNIFORM COMMERCIAL CODE STATEMENTS OF CONTINUATION, PARTIAL RELEASE, ASSIGNMENT, ETC. — FORM UCC -3 r Any forms used for filing with the Office of Secretary of State pursuant to the Uniform Commercial Code must be approved by Secretary of State State of Florida. INSTRUCTIONS:�a 1. PLEASE TYPE this form. Fold only along perforation for mailing. 4 f �e� 2. Remove Secured Party and Oebtor copies and send other 3 copies with 6�tf1L�etY`Z4j DrI paper to the filing officer. Enclose Filing Fee of $5.00. 3 Fill In original Financing Statement number and date filed. 4. If the space provided for any item(s) on the Corm is inadequate the Item(s) should be continued on additional sheets, preferably 5" x 8" or 8" x 10•'. Only one copy of such additional sheets need be presented to the filing officer with a set of three copies of Form UCC -3. Long schedules of collateral etc., may be on any size paper that is convenient for the secured party. Indicate the number of additional sheets attached. Enclose Filing Fee of $2.00 for each additional sheet. L S. If collateral Is crops or goods which are or are to become fixtures, give the legal description of the real estate and name of record owner or record lessee. 6. Please sign this form with a ball point pen. Signatures must be legible on alphabetical and numerical copies. 7. If filing with Clerk of Circuit Court consult Chapter 28. F. S., or local clerk for proper fees. THIS STATEMENT Is presented to a filing officer for filing pursuant to the Uniform Commercial Code: 3. Maturity date (if anyr►: 1. Debtors) (fast Name First) and address(es) 2. Secured Party(ies) and addressles) For .Filing-_Offloa (Dat*QIme, Nurnberg Filing Office) URBAN DEVELOPMENT UTILITIES UNITED STATES OF AMERICA G ZINC. acting trhough FARMERS HOME ADMINISTRATION tv ro 40th.Street, Vero Beach,: ='r c Florida16 7;C r. �:jj�c0. R. Book 302, 1 4. This statement refers to original Financing Statement beari l a j . ` Q Filed with Clerk of Circuit CoD1xtr-iled Decem�er 19 G8 . , 0J1 b. [. 1 Continuation. The original financing statement between the foregoing Debtor and Secured Party,'bearing fill dumber shown above, is still etfective. . S. D4 Termination. Secured party no longer claims a security interest under the financing statement bearing file number shown above. Assignment. The secured party's right under the financing statement bearing file number shown above to the property described in Item 11 has been assigned to the assignee whose name and address appear in Item 11. Amendment. Financing Statement bearing file number shown above is amended as set forth in Item 11. 9. [ 1 Release. Secured Party releases the collateral described in Item 11 from the financing statement bearing file number shown above. 10.1 1 Check if true. All documentary stamp taxes due and payable or to become due and payable pursuant to Chapter 201, F. S. have been paid. ^r • N ' w C.= No. of additional sheets presented: CC) R -URBAN D ELOPMENT UTI TIES, NC. UNITED STATES OF AMERICA,,acting througin FARMERS IOME 11 m ISTRATIONBy: oc .,��/, Signature(s) of Debta .) (uucess u• i if Item 8 is aliplu:.lble)• Signature(s) of Secured Party(ius) llf %jICL#�,Cu, 'i--A..STANDARD FORM— FORM UCC-3- 69MMGat P4P61. POINTING CO • INC. • 04I4M6 P►00104 a34 Of Approved by Socretaly of State. State of t-lorlda • t. } e O � 01111111111 1 f ' STATE OF FLORIDA UNIFORM COMMERCIAL CODE STATEMENTS OF CONTINUATION, PARTIAL91L LEYA-SE, ASSIGNMENT, ETC. — FORM UCC -3 Any forms used for filing with the Office of Secretary of State pursuant tA iWit 3ttmmercial Code must be approved by Secretary of State, State of Florida. INSTRUCTIONS: 2. PLEASE TYPE thisform. Fold only along perforation for mailing. 2. Remove Secured Party and Debtor copies and send other 3 copies with interleaved carbon paper to the filing officer. Enclose Filing Fee of $5.00. 3.Fill in original Financing Statement number and date filed. 4. if the space provided for any Item(s) on the form is Inadequate the item(s) should be continued on additional sheets, preferably. 51, x 811 or 8t1 x 10". Only one copy of such additional sheets need be presented to the filing officer with a set of three copies of Form UCC -3. Long schedules of collateral etc„ may be on any size paper that is convenient for the secured party. Indicate the number of additional sheets attached. Enclose Filing -Fee of $2.00 for each additional sheet. 5. If collateral is crops or goods which are or are to become fixtures, give the legal description of the real estate and name of record -owner or record lessee, 6. Please sign this form with a ball point pen. Signatures must be legible on alphabetical and numerical copies. y 7. If filing with Clerk of Circuit Court consult Chapter 28, F. S., or local clerk for proper fees. C3 THIS STATEMENT —•-------• ------ •---------- ---•- •----..—.._.. -- -- - � ��•�:: i..:-�- _.: fa presented to a filing officer for filing pursuant to the Uniform Commercial Code: 3. Mat ty'date (if'any% cl 1. Debtor(s) (Last Name First) and address(es) 2. Secured Party(ies) and address(es) For 4ng OHber (I�te, TImG N r4?car- ling Office) URBAN DEVELOPMENT UTILITIES UNITED STATES OF AMERICA INC. (acting through FARMERS HOME 40th Street, Vero Beach, ADMINISTRATION Florida V 0 . R .Book 324,P.109: 4 This statement refers to original Financing Statement xF+� , Filed with Clerk, Circuit Court Date Filen Aug St 5 r19 44 Continuation. The original financing statement between the foregoing Debtor and Secured Party, bearing file number shown above, is still effective. 6. VI Termination. Secured party no longer claims a security interest under the financing statement bearing file number shown above. 7. 1 1 Assignment. The secured party's right under the financing statement bearing file number shown above to the prof erty described in Item 11 has been assigned to the assignee whose name and address appear In Item 11. 8. 1 1 Amendment. Financing Statement bearing file number shown above is amended as set forth in Item 11. 0. 1 1 Release. Secured Party releases the collateral described in Item 11 from the financing statement bearing file number shown above. 10.1 1 Check if true. All documentary stamp taxes due and payable or to become due and payable pursuant to Chapter 201, F. S. have been paid. M 11. CV No, of additional sheets presented: C0 fURBAN-D VELOPMENT UTILT IES, INC. UNITED STATES OF AMERICA acting through Lt7 FAW,1ZRS IIO 4EMINISTRATION ' Signature(s) of Uebml ) (ncti•uss• un► if Item It is apphcablul. ' myn.nuru(s) of Secured Party(ies) (1) r; ING G; i ic1:: c I r-->.,.'�/ :..'.1 STANDARD FORM — FORM UCC -3 ilifM/NOLI •A/lift a VOINTINa CO. INC, • MIAMI. Ft.0000A •7101 Approved by Secretary at ;hate. State of I•forlda JL Zli 193 PAUC 30 +Lid 0 L STATE OF FLORIDA UNIFORM COMMERCIAL CODE STATEMENTS OF CONTINUATION, PARTIAL RELEASE, ASSIGNMENT, ETC. — FORM UCC -3 Any forms used for filing with the Office of Secretary of State pursuA f Ke% q aijqm Commercial Code must be approved by Secretary of State State of Florida. INSTRUCTIONS:IL, V�(� A. PLEASE Tthis form. Fold only along perforation for mailing.ith Interleaved carbon paper 2. Remove Secured Party and Debtor copies and send other 3 copies wto the tiling officer. Enclose Filing Fee of $5.00. YPE r 3. Fill in original Financing Statement number and date filed. be on additional 4. If the Only One coy provided for any item(s) onets the need r pis inadequate to t thefilingeof cet°wiith a set of three copies of Form eUCC 3.iLo Long 'schedules of collateral O eLG, may be on of any size paper that is convenient for the secured party. Indicate the number of additional sheets attached. Enclose Filing Fee of $2.00 for each additional sheet. S. If collateral is crops or goods which are or are to become fixtures, give the legal description numerical copies. the real estate and name of record owner or record lessee. t i6. Please sign this form with a ball point pen. Signatures must be iegivie on alphabetical and nu 7. {f filing with Clerk of Circuit Court consult Chapter 28, F. S., or local clerk for proper fees. -7 Tft{S STATEMENT 3. Mat data !if.any $ presented to a tiling officer for filing pursuant to the Uniform Commercial Code: i For ing Offtoo'_�Oate,N Numlie),-$.Filing office) t Debtor(s) (Last Name First) and address(es) 2. Secured Party(ies) and address(es) .- ; 1 - JRBAN DEVELOPMENT UTILITIES', UNITED STATES OF A1t2ERICA Q- -- q, 1:v jacting through FARMERS HOME-`- INC. ff zunrn � 40th Street, Vero Beach, ADMINISTRATION 1- -. Florida R���NO. R,Book 467,P.21 irl 4 This statement refers to original Financing Statemei June74- • Clerk, Cir Cult Court ate Filed 19— Filed with L [ ] Continuation. The original financing statement between the foregoing Debtor and Secured Party, bearing file number shown above, is still effective. L pQ Termination. Secured party no longer claims a security interest under the financing statement bearing file number shown above. Assignment. The secured party's right under the financing statement bearing file number shown above to the property described in Item 11 has been 1 assigned to the assignee whose name and address appear in Item 11. L .(] Amendment. Financing Statement bearing file number shown above is amended as set forth in Item 11. Release. Secured -Party releases the collateral described in Item 11 from the'financing statement bearing file. number shown above. .� Check if true. All documentary stamp taxes due and payable or to become due and payable pursuant to Chapter 201, F. S. have been paid. !1. N. • rte+_ co No. of additional sheets presented: -fl URBAN VELOPMENT UTILITIES, INC. UNITED STATES OF AME RICA,.acting through co a FARr4ER5 I©ME ],�i��t7STP.ATION ply: / Signatures) of Secured Party(ies) •ISignature(s) of Dub r(s) (h ..rSs.l only it Item 8 is applicable). STANDARD FORM — FORM UCC -3 Approved by SOCtetary of %tale, State of 1-lorlda O[YINOIt H•1A • ►MNfINO ca. Inc. • W.MI. •%0111011 11101 JUL-051978"7 `�(� r FLJ11 F �0L 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 No. 58459 - 58575 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD,:AND LIST SO RECORDED BEING MADE.A PART OF THESE MINUTES. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 6:30 O'CLOCK P.M. ATTEST: 1� CLERKLl CHAIRMAN 4 e