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HomeMy WebLinkAbout8/9/1978a WEDNESDAY, AUGUST 9, 1978 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON 11EDNESDAY, AUGUST 9, 1978, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLARD If.'SIEBERT, JR.; EDWIN S. SCHMUCKER; AND R. DON DEESON. ALSO PRESENT WERE JACK G. JENNINGS, COUNTY ADMINISTRATOR; L.S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; CALVIN B. BROWN, ACTING AS ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS IN THE ABSENCE OF GEORGE G. COLLINS, JR./WHO WAS ON VACATION; FINANCE OFFICER JEFFREY K. BARTON; BAILIFF DAN FLEISCHMAN; AND VIRGINIA HARGREAVES, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER DEESON LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVERE111D JULIUS RICE OF CHRIST METHODIST CHURCH GAVE THE INVOCATION. THE BOARD DISCUSSED THE CLERK'S AGENDA,AND SOME QUESTION AROSE AS TO THE COUNTY EXTENSION DIRECTOR'S REQUEST FOR OUT -OF -COUNTY TRAVEL TO WEST SUMMERLAND KEY AND WHETHER THE $700 LEFT IN HER BUDGET FOR TRAVEL IS SUFFICIENT FOR THE BALANCE OF THE YEAR. IT WAS DECIDED TO WITHHOLD ACTION ON THE EXTENSION DIRECTOR'S REQUEST UNTIL SHE COULD BE CONTACTED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT TO CORRECT FICA COSTS COMPUTED FOR THE COUNTY ATTORNEY: ACCOUNT TITLE ACCOUNT No. INCREASE DEcREAsF- FICA 01-2103-105.02 $72 AUTO ALLOWANCE & TRAVEL 01-2103-328.00 $72.00 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT FOR THE VETERANS SERVICE OFFICER: -A000uuT TITLE ACCOUNT O*, INCREASE DECREASE COMMUNICATIONS 01-2991-335.00 $70.00 AUTO ALLOWANCE & TRAVEL 01-2991-328.00 $70.00 k t tl y p [ C tl .,.....Ju.. F�UC01 n 0 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT FOR THE CLERK OF CIRCUIT COURT: ACCOUNT TITLE ACCOUNT NO. INCREASE DECREASE_ MAINTENANCE OF EQUIP 0372320-338.00 $600.00 AUTO ALLOWMCE`& TRAVEL 03-2320-328.00 $600.00 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARDANAN-IMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT FOR THE OPERATION OF THE SHERIFF'S OFFICE FOR THE FISCAL YEAR 1977778: ACCOUNT TITLE k6uii NO. INCREASE DECREASE PF PENSES-BUDGETFICE 081-J101-302,08 60,000 E JALARIES -9AGES y0- U9.U0 MASS ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT FOR TWO .JUDGES CHAIRS: ACCOUNT TITLE ACCOUNT -N0. INCREASE DECREASE CAPITAL OUTLAY -EQUIP. 62-2322-402.99 900 RES. FOR CONTINGENCIES 62-9990-701.00 900 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING. BUDGET AMENDMENT FOR_FUNDS FOR THE ROAD '& BRIDGE DEPARTMENT: ACCOUNT TITLE ACCOUNT NO. INCREASE DECREASE RENT - EAUIPMENT 02-4102- 1, COMMUNICATIONS -41Q�2,- UU _MAINT. BUILDI GS & GROUNDS =4 UL= 7. ----- -- ITY OF VERO bEACH 82 ITY OF SEBASTIAN 2-42-304. 3 ITY OF INDIAN RIVER SHORES 2-41 2-104.02 ITY OF FELLSMERE - 10 - 84,8 OWN OF ORCHID U ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER 1:OY,-THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT _ _FOR_ T.Ht PARKS DEPARTMENT: _ACCOUNT TITLE ACCOUNT'No INCREASE DEcRFASE - .COMMON I CAT EONS - _ ._ 0.4102-3:35.00 1.40 _ RES. FOR CONTINGENCIES 01-9990-701.00 140 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLL,CIRCUIT COURT SPRING TERM, 1978, IN THE TOTAL AMOUNT OF $252,32. AUG 0 9.1978 2 BOOK PAGE GENE WADDELL, PRESIDENT OF KIWANIS CLUB OF VERO-TREASURE COAST, WHICH HAS BEEN IN EXISTENCE FIVE YEARS AND HAS APPROXIMATELY 60 MEMBERS, INFORMED THE BOARD THAT TO THIS DATE THEY HAVE NOT CHOSEN A LONG-TERM CONTINUING PROJECT, FEELING THAT AT SOME POINT THE AIR FORCE TRACKING STATION SITE ON.NORTH AIA WOULD REVERT TO THE COUNTY TO BE DEVELOPED AS A PARK. MR. WADDELL STATED THAT THEY NOW FEEL IT IS.THE PROPER TIME TO COME FORWARD AND INDICATE THEIR DESIRE TO WORK WITH THE COUNTfY IN*DEVELOPING THIS LAND. HE FELT THAT THIS MIGHT SERVE TO SHOW THE AUTHORITIES THAT THERE IS BACKING FOR DEVELOPING' THIS AS A PUBLIC PARK AND BEACH ACCESS AND ALSO TELL THEM THAT WE BELIEVE WE WILL EVENTUALLY GET THIS LAND, WHICH MIGHT HELP BREAK THE BOTTLENECK. MR. WADDELL CONTINUED THAT THE VERO TREASURE COAST KIWANIS CLUB WOULD LIKE TO WORK WITH THE BOARD IN PLANNING AND SECURING FUNDS TO DEVELOP THIS SITE AND WOULD IMPLEMENT THE PLANS USING KIWANIS CLUB MAN HOURS. HE SUGGESTED THAT THE BOARD APPOINT A COMMITTEE TO DESIGN A MASTER PLAN FOR THE PARK SO_THAT WHEN THE PARK IS RELEASED, THE PLAN WILL BE READY. COMMISSIONER-LOY STATED THAT THE BOARD IS MOST APPRECIATIVE OF A GROUP SUCH AS THIS WANTING TO TAKE THIS ON AS A PROJECT. SHE NOTED THAT THE STATUS ON PROGRESS TOWARDS OBTAINING THIS LAND HAS NOT CHANGED LATELY, BUT FELT IT IS A FOREGONE CONCLUSION THAT SOME DAY THE \ PARK WILL BELONG TO THE PEOPLE OF THIS COUNTY, AND SHE CERTAINLY WOULD LIKE TO ACCEPT THE CLUBS OFFER. COMMISSIONER LOY NOTED THAT THERE WAS A MASTER PLAN DONE FOR THIS SITE IN ABOUT 1969, BUT IT DEFINITELY NEEDS TO BE. UPDATED. CHAIRMAN WODTKE NOTED THAT THIS COMMUNITY HAS ALWAYS BEEN BLESSED WITH GREAT CIVIC ORGANIZATIONS WHO HELP TREMENDOUSLY, AND HE LIKED THE IDEA OF DEVELOPING A COMPLETE MASTER PLAN WHICH WILL HELP MAKE THIS PARK ACCEPTABLE TO THE SURROUNDING AREA, COMMISSIONER SIEBERT NOTED THAT THE BOARD IS EXTREMELY BUSY WITH BUDGET AND PROPERTY APPRAISAL ADJUSTMENT, ETC., AND SUGGESTED THAT MR. WADDELL CONSULT WITH THE TOWN OF INDIAN RIVER SHORES, INFORM THEM THAT THE BOARD DID ACCEPT THE OFFER OF THE KIWANIS CLUB AND WILL APPOINT A COMMITTEE TO WORK ON A MASTER PLAN POSSIBLY AT THE END OF SEPTEMBER. 3 POGP6 36 PAGF AUG n 91978 COMMISSIONER Loy INFORMED THE BOARD THAT THERE IS AN EMERGENCY ITEM HAVING TO DO WITH THE ANNUAL ERRORS AND INSOLVENCIES REPORT THAT WE HAVE TO APPROVE FOR THE TAX COLLECTOR. SHE NOTED THAT THIS IS DONE ANNUALLY AND THE LIST COMES TO US APPROVED BY THE TAX COLLECTOR, THE PROPERTY APPRAISER, AND OUR FINANCE DIRECTOR. IT IS NECESSARY FOR ALL BOARD MEMBERS TO SIGN IT. U MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADDED TO TODAY'S AGENDA THE EMERGENCY ITEM REQUESTED BY COMMISSIONER Loy. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE ANNUAL ERRORS AND INSOLVENCIES REPORT SUBMITTED BY THE TAX COLLECTOR AND AUTHORIZED THE SIGNATURES OF ALL MEMBERS OF THE BOARD. $AID REPORT IS ON FILE IN THE OFFICE OF THE CLERK. ELIZABETH FORLANI, SECRETARY TO THE BOARD OF COUNTY COMMISSIONERS, REPORTED THAT SHE HAD CONTACTED .JUDITH WAKEFIELD, COUNT EXTENSION AGENT, WHO INFORMED HER -THAT THE ONLY EXPENSE INVOLVED IN THE TRIP TO WEST SUMMERLAND KEY WOULD BE FOR THE GAS, AND ALSO STATED THAT THE $700 BUDGETED WOULD BE AMPLE TO COVER TRAVEL EXPENSE FOR HER AND AGRICULTURAL AGENT PETE SPYKE FOR THE BALANCE OF THE FISCAL YEAR. ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR JUDITH WAKEFIELD, COUNTY EXTENSION DIRECTOR,'AND PETE SPYKE, AGRICULTURAL SPECIALIST, AS FOLLOWS: JUDITH WAKEFIELD: AUGUST 3 DAYTONA BEACHpRIPRICRESCHEDULJEDOBECAUSEUNCIL IOFD IBAD WEATHER. AUGUST 13-19 WEST SUMMERLAND 4-H MARINE SCIENCE CAMP KEY AUGUST 29-31 l7AINESVILLE NRUAL DIEMXPROVIDEDTENtION CBYFTHEN TATE, AUGUST 23 WEST PALM BEACH SOUTHEASST FLORIDINING AO44 VOLUNTEER LEADERPETE SPYKE: AUGUST 21-22 CHICAGO AS PART OF THE STATE BEEF -FORAGE IMPACT PROGRAMA SMALL GROUP OF EXTENSION AGENTS AAD SPECIALISTS ILL TOUR CHICAGO ERCANTILE MARKET. HLL FUNDING PROVIDED BY THE STATE. 4 AUG 0 91978 36 PA04 - 4. AUGUST 29-31 GAINESVILLE ANNUAL (STATE EXTENSION CONFERENCE. THE FOLLOWING REPORT WAS RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: WELFARE DEPARTMENT, .JUNE, 1978 ROBERT TRACHSEL, PRESIDENT OF OCEAN OAK, INC., CAME BEFORE THE BOARD REQUESTING FINAL APPROVAL OF SEAGROVE SUBDIVISION UNIT #2. HE STATED THAT ,THIS IS.PART OF AN OVERALL PLAT APPROVED LAST YEAR. AT -THAT TIME THE FIRST TWO BLOCKS WERE PLATTED AND RECORDED. THIS IS A METES AND BOUNDS PARCEL. HE STATED THAT ALL UTILITIES ARE IN IN THIS ENTIRE SECTION. ADMINISTRATOR .JENNINGS CONFIRMED THAT THIS SUBDIVISION WAS ORIGINALLY APPROVED SOME YEARS AGO, AND IT IS BEING DEVELOPED IN UNITS. HE -INFORMED THE BOARD THAT EVERYTHING HAS BEEN CHECKED OUT, BUT NOTED THAT WHILE THE PLAT DEDICATION DEFINITELY SETS OUT THAT THE STREETS " ARE PRIVATE, THE WORD "PRIVATE" IS NOT SHOWN WITHIN THE RIGHT-OF-WAY LINES ON THE PLAT WHICH HE FELT SHOULD BE DONE, MR. TRACHSEL AGREED THIS WOULD BE DONE, AND THE ADMINISTRATOR RECOMMENDED APPROVAL SUBJECT TO INSERTING THE WORD "PRIVATE" AS DISCUSSED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL OF SEAGROVE SUBDIVISION UNIT #2 SUBJECT TO THE WORD "PRIVATE" BEING INSERTED ON THE RIGHTS-OF-WAY IN THE PLAT AS REQUESTED BY THE ADMINISTRATOR. .JAMES FOWLER, SURVEYOR, APPEARED IN THE PLACE OF S.P. MUSICK, IN REGARD TO TENTATIVE APPROVAL OF ROSELAND PINES SUBDIVISION. HE STATED THAT EDWIN WARD IS THE OWNER AND AT PRESENT THEY ARE JUST PLATTING THE PORTION ALONG ROSELAND ROAD. DISCUSSION FOLLOWED ON FUTURE ACCESS, AND HE STATED THAT THIS HAS BEEN PROVIDED FOR, ADMINISTRATOR JENNINGS STATED THAT HE HAS NO OBJECTIONS. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO ROSELAND PINES SUBDIVISION. AUG 0 91978 eca 3 PAr 05.. 4 THE BOARD NEXT DISCUSSED RELEASE OF EASEMENT BETWEEN LOTS 4 AND 5, BLOCK C, GRANADA SUBDIVISION, UNIT #1, AS REQUESTED BY MR. AND MRS. LIGE BRAGG. MRS, BARBATO APPEARED IN THEIR BEHALF. SHE STATED THAT THEY WISH TO PUT A BUILDING ON LOTS 4 AND 5 AND IN ORDER TO DO THIS, THE 2.5' EASEMENTS ON THE SIDE LOT LINES WOULD HAVE TO BE REMOVED. SHE STATED THAT THIS AREA, WHICH IS IN THE VICINITY OF VERO HIGHLANDS AND VERO SHORES, IS ZONED COMMERCIAL. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THIS IS A STANDARD REQUEST FOR A RELEASE OF EASEMENT AND HE SEES NO PROBLEM WITH IT. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED A RESOLUTION APPROVING RELEASE ` OF EASEMENTS BETWEEN LOTS 4 AND 5, BLOCK C, GRANADA GARDENS SUBDIVISION, UNIT #1, AS REQUESTED BY MR. AND MRS. LIGE BRAGG, AND AUTHORIZED THE CHAIRMAN'S SIGNATURE; THESE DOCUMENTS TO BE PREPARED AT THE EXPENSE OF� 4 THE APPLICANT. INTERGOVERNMENTAL COORDINATOR THOMAS REPORTED THAT THE WEST CAUSEWAY BRIDGE AT 111ABASSO HAS FILLED UNDER WITH.SILT AND SAND, CAUSING A STAGNATION OF WATER, ORDORS, ETC. HE NOTED THAT THE BRIDGE WAS PUT THERE AT THE REQUEST OF THE DER IN ORDER TO AVOID THIS, BUT NOW TO DO SOMETHING TO CORRECT THIS SITUATION, IT IS NECESSARY TO GO THROUGH ALL THE.PERMITTING. HE INFORMED THE BOARD THAT HE NEEDS PERMISSION TO APPLY FOR A PERMIT TO CLEAN THIS OUT. HE FELT THE COUNTY HAS THE EQUIPMENT TO DO THIS THEMSELVES, ON'MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE INTERGOVERNMENTAL COORDINATOR TO'APPLY FOR A DREDGING PERMIT AS DISCUSSED. COORDINATOR THOMAS THEN INFORMED THE BOARD THAT IN ORDER TO DREDGE, YOU ARE NOW REQUIRED BY STATUTE TO USE A TURBIDITY CURTAIN, WHICH IS STYROFOAM ON TOP WITH A NYLON MESH. HE STATED THAT_IT IS MANUFACTURED IN COCOA AND IS AVAILABLE IN 50'. SECTIONS AT A PRICE OF APPROXIMATELY $6.00 PER FOOT. HE FELT A MAXIMUM OF 200' WOULD BE NEEDED. HE CONTINUED THAT HE HAD CONTACTED•MR. BEIDLER OF MOSQUITO CONTROL, WHO ALSO WOULD HAVE A USE FOR THIS AND HE HAS AGREED TO BUY HALF OF IT. THE COUNTY WOULD OWN HALF, OR 100', AND THE MOSQUITO CONTROL DISTRICT y . BOOK %)u FAIIIII: AUG 09197 r WOULD OWN THE•OTHER ZOO', AND THEY COULD COOPERATE ON THE USE OF IT. THIS PARTICULAR CURTAIN WILL WORK IN 2' TO S' DEPTHS. ADMINISTRATOR JENNINGS ASKED HOW LONG IT WOULD TAKE TO OBTAIN THIS CURTAIN, AND COORDINATOR THOMAS STATED THAT IT IS READILY AVAILABLE. THE ADMINISTRATOR FELT WE SHOULD WAIT TO BUY IT UNTIL WE OBTAIN THE PERMIT, BUT COORDINATOR THOMAS POINTED OUT THAT WE HAVE A NEED FOR IT ON SEVERAL OTHER PROJECTS THAT ARE ON-GOING. CHAIRMAN WODTKE INQUIRED IF THIS COULD BE PURCHASED OUT OF THE BOATING -MONIES, AND COORDINATOR THOMAS STATED THAT CAN ONLY BE USED FOR ITEMS ON ONE SPECIFIC PROJECT, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ROAD AND BRIDGE DEPARTMENT TO PURCHASE 100' OF TURBIDITY CURTAIN AT A PRICE NOT TO EXCEED $600.00 OUT OF ROAD AND BRIDGE FUNDS. RUDY HUBBARD, PRESIDENT OF WGYL RADIO CORPORATION, CAME BEFORE` THE BOARD I_N REGARD TO HIS REQUEST TO LEASE COUNTY -OWNED LAND FOR THE PURPOSE OF ERECTING A RADIO BROADCAST TOWER. MR. HUBBARD STATED THAT THEIR PRESENT TOWER IS LOCATED ON COUNTY PROPERTY AT THE .JAIL SITE, BUT THE PROBLEM IS THAT IT IS ONLY 156' HIGH AND' THEY WOULD LIKE TO _GO TO 300'. HE NOTED THAT THEY WOULD NOT ABANDON THEIR AGREEMENT -WITH THE JAIL BECAUSE THEY HAVE SOME EQUIPMENT THAT WOULD REMAIN THERE. THE LAND THEY WISH TO -LEASE IS LOCATED IN THE NORTHWEST CORNER OF THE _OLD STUMP DUMP WHICH IS JUST WEST OF OLD DIXIE AND SOUTH OF THE SOUTH RELIEF CANAL.. MR. HUBBARD STATED THAT THEY WISH TO LEASE A SECTION 600' X 600' FOR A TWENTY YEAR TERM AT A COST OF $20,000 PAYABLE IN TWENTY ANNUAL PAYMENTS. THEY NEED THIS AMOUNT OF SPACE BECAUSE OF THE GUY WIRES NECESSARY FOR.THE TOWER, MR. HUBBARD CONTINUED THAT WHEN THE PROPERTY IS LEASED, IT WILL GO ON THE TAX ROLLS, AND WGYL WILL BE RESPONSIBLE 'FOR.THE TAXES AND THE EQUIPMENT ON THE PROPERTY. COMMISSIONER SIEBERT ASKED WHETHER THIS WOULD GO ON THE TAX ROLLS UNDER A LEASE.ARRANGEMENT, AND MR. HUBBARD FELT IF IT IS BEING USED FOR PRIVATE PURPOSES, .ZT.WOULD. CHAIRMAN WODTKE NOTED THAT ON LAND PREVIOUSLY LEASED BY- THE COUNTY,.WE WERE ADVISED BY COUNSEL THAT WE SHOULD PUT IT OUT FOR BID. N 36 AUG 0 9 1978 L__1 COMMISSIONER SIEBERT ASKED IF WE HAVE ANY IMMEDIATE USE FOR THE LAND IN QUESTION, AND THE ADMINISTRATOR STATED THAT WE DO NOT. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO ADVERTISE TO RECEIVE BIDS TO LEASE THE PIECE OF PROPERTY REFERRED TO AND TO REQUIRE THE BIDDER TO PUT UP 10% OF THE ANNUAL AMOUNT OF THE LEASE WITH HIS BID. s 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 r COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath NOTICE d saysnkat he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published NOTICE IS HEREBY GIVEN thatthe Board at Vero Beath in Indian River County, Florida; that the attached copy of advertisement, being of County Commissioners of Indian River County, Florida, will receive bids to the hour of 4.a , . 9:30 A.M. on Wednesday, August 9, 1978, for �� ,[]�,r the following: • /t � � ��� Daymarkers (Channel Markers) and in- staliation, located at the East end of Oslo in the matter of - C. —tj Road. Daymarkers to be constructed in ac- cordance to Coast Guard Department of Transportation. Instructions to bidders,' bidding blanks, I specifications, and more detailed information ' are available at the office of the County Ad - in the Court, was pub- ministrator, Roam 11S, County Court House, or will be mailed upon request. The Board of County Commissioners Rshed in in issues reserves the right to reject any or all of the said newspaper the of bids and make awards in any manner which the Board considers to be in the best interest of Indian River county, Florida. Bids for the above item shall be submitted in an envelope securely sealed and marked on the Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Outside to show the item being bid on and the date and time of the opening. The bids may be Vero Beach, in said Indian River County, and that the said newspaper has heretofore mailed or delivered to the Office of the County been continuously published in said Indian River County, Florida, weekly and has been entered Administrator, Room 115, County Court House, as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida Vero Beach, Florida 32960. Proposals received for a period of one year next preceeding the first publication of the attached copy of adver- after 9:30 A.M. August 9,1978, will be returned 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- unopened. Indian River County, Florida tisement for publication in the said newspaper. Board of County Commissioners Byc William C. WodtkeJr., Chairman A.D. July id, 1911978. a.._ .. Sworn to and subscribed before me thi day of ( ness Manager) (Clerk of the Circuit Court, India'live; County, Florida) (SEAQ o AUG 0 91 978 BOOK a THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: NO BIDS WERE RECEIVED. SAM SHANNON, EXECUTIVE DIRECTOR OF THE TREASURE COAST REGIONAL PLANNING COUNCIL, APPEARED BEFORE THE BOARD TO DISCUSS THE DEVELOPMENT OF REGIONAL IMPACT (DRI) THRESHOLD REPORT. HE INFORMED THE BOARD THAT AN ISSUE HAS ARISEN LATELY RELATING TO THE RESIDENTIAL CRITERIA FOR DRI, WHICH IS`'BASICALLY RELATED TO THE POPULATION OF.THE COUNTY IN. WHICH THE DEVELOPMENT IS'GOING TO OCCUR. HE NOTED THAT PALM BEACH COUNTY WENT TO A NEW THRESHOLD OF 3,000 UNITS INSTEAD OF 2,000 UNITS BECAUSE OF A POPULATION CHANGE, MARTIN COUNTY WENT FROM 500 TO 150, AND HE BELIEVES INDIAN RIVER COUNTY REMAINED AT 500. MR. SHANNON STATED THAT THE REPORT LOOKS AT THE DEFINITION OF DRI, HOW IT IS DECIDED THAT A PARTICULAR PROJECT IS A DRI, WHETHER ALL THE CATEGORIES SAID TO BE DRIS ARE APPROPRIATE; AND ALSO WHETHER ANY OTHER KIND OF DEVELOPMENT ACTIVITIES SHOULD BE INCLUDED. ONE REASON FOR HAVING A DRI PROCESS WAS A CONCERN THAT A DEVELOPMENT OCCURING IN ONE AREA WOULD AFFECT PEOPLE LIVING SOMEWHERE ELSE, AND THOSE PEOPLE BEING AFFECTED WOULD NOT HAVE ADEQUATE REPRESENTATION. THE BASIC PREMISE IS TO LET OTHERS PARTICIPATE IN THE DECISION MAKING PROCESS. MR. SHANNON FELT THAT THEY DID DETECT A FLAW IN -TRYING TO APPLY THAT THEORY TO THE LAW, IN REGARD TO WHERE IT WOULD INVOLVE "MORE THAN ONE COUNTY" IN THE DEFINITION. HE NOTED FOR INSTANCE THAT PALM BEACH — COUNTY HAS 37 CITIES AND WHAT HAPPENS IN ONE CAN CERTAINLY AFFECT THE OTHERS, BUT THERE IS NO WAY FOR THE OTHERS TO PARTICIPATE. COMMISSIONER SIEBERT ASKED WHETHER HE MEANT THAT A DEVELOPMENT IN THE COUNTY COULD BECOME A DRI IF IT IMPACTED A MUNICIPALITY WITHIN THE COUNTY. MR. SHANNON DISCUSSED THAT POSSIBILITY BUT FELT EITHER CHARTER GOVERNMENT OR A SPECIAL ACT WOULD BE NEEDED IN.ORDER TO.PERMIT THE COUNTY TO LOOK AT MULTIJURISDICTIONAL IMPACTS. MR. SHANNON DISCUSSED THE STANDARDS OR LIMITS SET FOR DETERMINING WHETHER A DEVELOPMENT IS A DRI AND NOTED THE PROBLEM IS THAT SOME DEVELOPMENTS TRY TO SLIP UNDER THE REQUIREMENTS BY 9 EWA J10 pgr AUG 9 91978 ,y s No f HAVING A UNIT OR SO LESS THAN THE STANDARDS REQUIRE. HE STATED THEIR FIRST APPROACH WAS TO LOOK AT SOME ALTERNATIVES AND TRY TO WORK WITH OTHER REGIONAL PLANNING COUNCILS TO DECIDE ON SOME MORE APPROPRIATE STANDARDS NOW THAT SOME EXPERIENCE HAS BEEN GAINED. HE CONTINUED THAT A SECOND APPROACH WOULD BE TO DEVELOP A REGIONAL MANAGEMENT PROGRAM, BUT NOTED THAT JHIS WOULD TAKE SEVERAL YEARS TO IMPLEMENT. MR. SHANNON SUGGESTED THAT POSSIBLY THERE ARE CERTAIN SITUATIONS BASED EITHER ON THE FINANCIAL SYSTEM OF THE AREA OR RELATING TO THE POPULATION AND CAPITAL IMPROVEMENTS, ETC., THAT SHOULD BE CONSIDERED IN REQUIRING DRI. HE GAVE AS AN EXAMPLE A COUNTY THAT HAD BONDED AND DEVELOPED A PROGRAM TO BEGIN A COUNTYWIDE SEWER PROGRAM AND SUDDENLY A NEW DEVELOPMENT CAME IN THAT WOULD REQUIRE GOING BEYOND THE SEWER BONDED FOR, HE FELT SUCH A DEVELOPMENT SHOULD BE A DRI, DISCUSSION FOLLOWED ON THE DECISION OF THE 1ST DISTRICT COURT OF APPEALS THAT THE DIVISION OF STATE PLANNING SHOULD NOT RELY TOTALLY A, ON THE DRI THESHOLDS SET OUT IN EXHIBIT 1, BUT COULD USE THEM AS A GUIDE. COMMISSIONER SIEBERT NOTED THAT THIS PRESENTS THE DANGER THAT THE DIVISION OF STATE PLANNING COULD OVERRULE A REGIONAL PLANNING COUNCIL, AND MR. SHANNON AGREED THAT A REGIONAL PLANNING COUNCIL WOULD HAVE BETTER KNOWLEDGE OF A LOCAL SITUATION, COMMISSIONER SIEBERT NOTED THAT MR. SHANNON IS ACTUALLY LOOKING FOR THE COUNTY'S INPUT ON WHICH APPROACH THEY WOULD PREFER REGARDING DRI OR WHETHER TO LEAVE IT AS IT IS NOW. HE CAUTIONED THE BOARD TO BE VERY CAREFUL ABOUT REDUCING THE THRESHOLD LEVEL. COMMISSIONER SIEBERT FELT THE FIRST APPROACH, GETTING EXPERIENCE AND TALKING TO OTHER REGIONAL COUNCILS, IS THE BEST AND POINTED OUT THAT THE DRI IS RELATIVELY NEW AND THERE HAVE BEEN RELATIVELY FEW OF THEM - ONLY ABOUT 100 IN FIVE YEARS IN THE WHOLE STATE. HE BELIVED THERE WILL ALWAYS BE SOME WHO WILL SQUEEZE UNDER THE THRESHOLD REQUIREMENTS, BUT DID NOT FEEL IT HAS CREATED A MAJOR PROBLEM SO FAR AND NOTED THAT HE WOULD NOT LIKE TO RUSH INTO SOMETHING AT THIS TIME WHEN WE DON'T KNOW WHAT THE FULL IMPACT OF IT WOULD BE, ATTORNEY MICHAEL O'HAIRE INFORMED THE BOARD THAT HE AND HIS FIRM REPRESENT A NUMBER OF DEVELOPMENTS WHO HAD THEY NOT COME IN 10 BEFORE THIS, WOULD BE DRI'S. HE NOTED THAT THEY PRESENTLY HAVE TO -GO THROUGH AN UNBELIEVABLE NUMBER OF AGENCIES AND STATED THAT IF THEY.HAD A CLIENT WITH A 100 SLIP MARINA, HE WOULD ADVISE HIM TO GIVE. UP A SLIP RATHER THAN GO THROUGH ALL THE EXTRA RED TAPE THAT WOULD BE INVOLVED WITH A DRI. HE AGREED THAT PALM BEACH COUNTY DOES HAVE A LOT OF IMPAET PROBLEMS, BUT DID NOT FEEL IT APPLIES HERE. CHAIRMAN WODTKE AGREED WITH COMMISSIONER SIEBERT'S COMMENTS AND DID NOT FEEL WE HAVE ANY PARTICULAR PROBLEM WITH DRI. HE FELT THE LOCAL PLANNING PROCESS IS SET UP SO THAT WE CAN ADEQUATELY PROTECT OURSELVES. THE CHAIRMAN HOPED THAT THE CRITERIA WOULD NOT BE LOWERED, BUT STATED THAT HE WOULD LIKE TO HAVE SOME OPTIONS WHERE WE COULD POSSIBLY REQUIRE A DRI. MR. SHANNON SUGGESTED THAT WELLFIELDS AND TRANSMISSION LINES SHOULD BE INCLUDED IN DRI REQUIREMENTS. COMMISSIONER SIEBERT NEXT DISCUSSED THE SUGGESTION THAT THE REGIONAL PLANNING COUNCIL TAKE OVER THE PLANNING FOR A SOLID WASTE PROGRAM FOR THE NORTHERN THREE COUNTIES AND REPORTED THAT THIS ALREADY HAS BEEN VOTED DOWN. HE NOTED THAT THE REGIONAL PLANNING COUNCIL DOES, HOWEVER, HAVE FUNDS AVAILABLE TO WORK WITH NON—DESIGNATED COUNTIES ON THE SOLID WASTE PROGRAMS. MR. SHANNON AGREED THAT THEY DID, BUT FELT THE PRIMARY EMPHASIS a WOULD BE TO PROVIDE TECHNICAL ASSISTANCE. HE STATED THAT THE REASON THIS CAME UP IS THAT THE GOVERNOR DESIGNATED THE REGIONAL PLANNING COUNCILS AS THE SOLID WASTE PLANNING AGENCIES, BUT MADE A PROVISION THAT THE LOCAL GOVERNMENTS COULD CHANGE THIS BY RESOLUTION WHICH HAD TO BE DONE BY AUGUST 1ST. �. COMMISSIONER SIEBERT BROUGHT UP THE STATUS OF THE 208 WATER QUALITY STUDY IN THE OTHER COUNTIES. HE INFORMED THE BOARD THAT THIS IS A POTENTIALLY VERY IMPORTANT MATTER AND THAT THIS WOULD BE AN EXTREMELY IMPORTANT ADVISORY COMMITTEE. HE FELT WE WILL HAVE TO MAKE SOME APPOINTMENTS, PROBABLY FOR THE AGRICULTURAL AREA. - MR. SHANNON AGREED AND NOTED THAT IN ASSISTING THE DER SET THIS UP, WE WILL BE PERMITTED TO PUT ONE MEMBER ON THE STATE COMMITTEE, AS WELL AS A MEMBER OF THE REGIONAL PLANNING COUNCIL. — THE BOARD THANKED MR. SHANNON FOR PRESENTING HIS REPORT. 11 AUG n 91979 pew . Lim ATTORNEY CALVIN BROWN DISCUSSED THE FINAL APPROVAL GRANTED THE MOORINGS, PLAT #5, AT THE MEETING OF .JULY 19TH, WHICH WAS SUBJECT TO THE ADMINISTRATORS AND COUNTY ATTORNEYS APPROVAL OF A TRI -PARTY AGREEMENT BETWEEN INDIAN RIVER FEDERAL, THE MOORINGS AND THE COUNTY, CONCERNING A WAIVER OF THE BONDING REQUIREMENTS. HE INFORMED THE BOARD THAT HE`AND THE ADMINISTRATOR HAVE REVIEWED THE LETTER OF AUTHORIZATION FROM INDIAN RIVER FEDERAL AND THE PROPOSED TRI -PARTY AGREEMENT AND''FIND THERE ARE NO PROBLEMS WITH THE PLAT BEING APPROVED AS AUTHORIZED AT THE LAST MEETING, CHAIRMAN WODTKE INSTRUCTED THAT THE TRI -PARTY AGREEMENT BE MADE A PART OF THE MINUTES WHEN IT IS SIGNED. CHAIRMAN WODTKE ANNOUNCED THAT THE PUBLIC HEARING ON THE FLOOD INSURANCE ORDINANCE CONTINUED FROM THE PREVIOUS MEETING WILL BE HELD AT THIS TIME. HE INSTRUCTED THAT LETTERS RECEIVED FROM .INDIAN RIVER FEDERAL SAVINGS AND LOAN ASSOCIATION AND FROM THE VERO ` BEACH NATIONAL BANK REGARDING THE PROPOSED ORDINANCE BE MADE A PART OF THE MINUTES. AUG 91979 12 AUG 91979 10®84091 URI Ilk INDIAN RIVER FEDERAL®� SAVINGS AIVD LOAN ASSOCIATION 't�3� e ! ? r i „tz i ^`Z'•' 4 August 3, 1978 R 0Q 7 o Ecr co-!rgRO co �'� b `. ,�iSS�O� fSS Cv� Honorable William C. Wodtke, Chairman and Members Board of County Commissioners J�EZl1s' Indian River County 2145 14th Avenue Vero Beach, Florida 32960 Re: Proposed Flood Damage Prevention Ordinance Dear Chairman Wodtke and Members of County Commission: Your letter of July 20, 1978, with copy of proposed Flood Damage Prevention Ordinance addressed to Indian River Federal Savings and Loan Association has been referred to me for study and reply. I realize the work and expense involved in specifically designating the boundaries of the various zones. But, if the ordinance is adopted, using the maps therein referred to, numerous problems are frequently going to be presented as to just what land is in this zone or in that zone, or in any zone at all, because of the indefinite manner the boundaries of the several zones are delineated on the maps. If the ordinance is adopted, it is certainly going to substantially increase con- struction costs in the effected areas. There is a big question in my mind as to whether the advantages to be gained through the adoption of the ordinance outweigh the disadvantages. Qin%cely,th rporate Attorney - b P. O. DOX 1209 / 2045 14t" AVENUE. VERO BEACH. FLORIDA 32960 / (305) 562-2373 o , . AUG 0 9197 VERO BEACH NATIONAL BANK � VERO BEACH FLORIDA 32960 1750 SOUTH FEDERAL HIGHWAY 305/566-1100 • ^' � JUS �9�8 N July 27, 1978 William C. .Wodtke, Jr., Chairman Board of County Commissioners 2145 14th Avenue, Vero Beach, Florida 32960 Dear Mr. Wodtke: Let me thank you, and also offer my congratulations to you and the Board for making the decision of asking for additional input from financial institutions and insurance companies re- garding the adoption of the proposed Flood Insurance Ordinance. I am sure there is some adverse reasoning of why some would not want this Ordinance adopted, such as a possible higher cost in preparing a building site for construction, but I feel the pluses, by having the Ordinance adopted, far out- weigh.the negatives. To --summarize my approval of the Ordinance, let me add another ' objective that could be number (8) under Article 1, Section D, OBJECTIVES: (8) to minimize'the possibility of a financial loss, large or small, to the home buyer or a financial institution. Thank you, Robert J. Powers Vice President I RJP/kd ; • s AUG 0 9 1978 y " CHAIRMAN YODTKE COMMENTED, IN REGARD TO THE LETTER RECEIVED FROM INDIAN RIVER FEDERAL, THAT IF WE DO NOT ADOPT THE ORDINANCE, THERE WILL BE NO RATES FOR THEM TO USE IN ORDER TO LOAN MONEY TO BUILD HOUSES, ,WILLIAM BIESCHKE, CHAIRMAN OF THE FLOOD INSURANCE PROGRAM COMMITTEE, I4F*ORMED THE BOARD THAT AS OF AUGUST 3RD WE ARE OFF BOTH THE REGULAR AND EMERGENCY PROGRAM AND CANNOT GET BACK ON THE PROGRAM UNTIL THIS ORDINANCE IS ADOPTED SENT TO ATLANTA, AND APPROVED BY HUD, MR. BIESCHKE NOTED THAT*WE HAVE BEEN REVIEWING THIS FOR ABOUT SIX MONTHS AND HE PERSONALLY FELT IF PEOPLE DIDN'T SHOW*UP, THEY DIDN'T HAVE ANY INPUT, HE EXPRESSED CONCERN ABOUT BAD WEATHER IN THE OFFING AND NOTED THAT EVEN WHEN THIS ORDINANCE IS ADOPTED, THERE IS A 15 DAY WAIT BEFORE ANYONE CAN BUY FLOOD INSURANCE. HE URGED THAT THE BOARD ACT AS QUICKLY AS POSSIBLE, COMMISSIONER Loy STATED THAT SHE WOULD LIKE MR. BEISCHKE TO .- UNDERSTAND THAT THE BOARD HAS DONE THEIR BEST TO EXPEDITE THIS. IT WAS SET UP FOR PUBLIC HEARING, BUT NO ONE APPEARED AND THERE WAS NO ONE HERE TO HELP THE BOARD WITH QUESTIONS THAT AROSE ABOUT THE ACTUAL ORDINANCE. SHE NOTED THAT THE BOARD WISHED TO BE SURE THAT THE FINANCIAL INSTITUTIONS AND INSURANCE AGENCIES WOULD UNDERSTAND WHAT WE ARE DOING, MR. BEISCHKE POINTED OUT THAT IF SOMEONE APPLIES FOR A LOAN IN THESE FLOOD AREAS AND THE INSURANCE IS NOT AVAILABLE, THEY WILL NOT GET THE LOAN. COMMISSIONER SCHMUCKER ASKED WHAT THE ESTABLISHED MINIMUM ELEVATION IS IN THIS COUNTY, AND MR. BIESCHKE REPLIED THAT IT DEPENDS ON WHAT ZONE YOU ARE IN, THE LOWER THE ELEVATION, THE HIGHER THE PREMIUM. HE FELT IN MOST CASES THE'PROPERTY OWNER WOULD.BE BETTER OFF TO HAVE THE PROPERTY SURVEYED. CHAIRMAN WODTKE ASKED IF SOMEONE WILL BE REQUIRED TO HAVE FLOOD INSURANCE IN ORDER TO BORROW MONEY TO BUILD, AND MR. BIESCHKE-STATED THAT THEY WILL IF FEDERALLY ASSISTED FUNDS ARE INVOLVED., PLANNING DIRECTOR STAN REDICK INFORMED THE BOARD THAT IN TERMS OF THESE FLOOD ELEVATIONS, NO -PERMIT WILL BE ALLOWED ON ANYTHING UNDER THE 100 YEAR FLOOD PLAIN AS SHOWN ON THE MAPS. HE NOTED THAT HE HAS 15 AUG 0 9 197 P,��r DISCUSSED THE PROPOSED ORDINANCE WITH ATTORNEY COLLINS, AND IT IS SIMILAR TO OTHERS THAT HAVE BEEN ADOPTED, AND HE FEELS IT WILL BE APPROVED BY HUD. THE CHAIRMAN ASKED IF THERE WAS ANYONE PRESENT WHO WISHED TO BE HEARD. THERE WERE NONE. COMMISSIONER LOY ASKED THE PLANNING DIRECTOR IF HE HAD RECEIVED ANY RESPONSE TO HIS LETTER TO HUD ABOUT THE ERROR IN THE FLOOD INSURANCE RATE MAPS WHERE PART OF THE COUNTY LAND WAS MISTAKENLY SHOWN AS BEING IN THE TOWN OF INDIAN RIVER'SHORES. MR. REDICK INFORMED THE BOARD THAT.HE HAS BEEN CONTACTED BY HUD AND ANYONE WITH PROPERTY IN THE AREA INCORRECTLY SHOWN WILL COME UNDER CATEGORY D AND WILL BE ELIGIBLE FOR INSURANCE. CATEGORY D IS A CLASSIFICATION SET UP BY HUD TO PROVIDE FOR THE POSSIBILITY OF MISTAKES. ON "LOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE No. 78-22. e } I 16 AUG p 919TH ,eoac . 36 PAO �� INDIAN RIVER COUNTY ORDINANCE 78-22 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: ARTICLE IX - FLOOD PROTECTION Sections 4-110-120 (of the Code of Ordinances) Section 1. PURPOSE AND INTENT. The purpose of this Article is to provide for adequate minimum standards and procedures for the construction of new residential and nonresidential structures, including prefabricated and mobile homes, and for such structures that are Substantially improved so that such structures can be eligible for insurance under the Federal Flood Insurance Program and so that the construction of such structures will be in conformity with recognized con- struction techniques designed to offer flood protection. Section 2. DEFINITIONS. For the purposes of this Article, the following definitions shall apply in the interpretation, enforcement and intent of this Article. When not inconsistent with the context, words, used in the present tense include the future, words in the plural number include the singular, and words in the singular number include the plural. The word "shall" is always mandatory and note merely directory. BUILDING PERMIT: The permit as required by The Standard Building Code, as adopted in the Indian River County Code. COASTAL HIGH HAZARD AREA: The portion of a coastal flood- plain having special flood hazards that is subject to velocity waters, including hurricane wave.wash and tidal waves and which is designated as a "V" zone on the applicable flood maps. FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from (a) the overflow of streams, rivers or other inland waters or (b) abnormally high tidal waters or rising - coastal water resulting from severe storms, hurricanes or tidal waves. AUG 0 9 1978 FLOOD MAPS OR FLOOD HAZARD BOUTIDARY MAPS: The set of six (6) separate maps of various areas of Indian River County, Florida, which were approved by the Department of Housing and Urban Development. Said set of maps, dated July 3, 1978, consists of the introductory or index map and five (5) individual maps numbered 120119 0005A through 120119- 0025A, which numbers are indexed to the introductory map. FLOODPROOFING: Those adjustments to properties, structures and building contents which are designed or adapted primarily to reduce flood damages to lands, potable water.and sanitary facilities and structures. It shall include structural and nonstructural additions, changes and engineering techniques which seal structures and keep them free from encroachment of floodwater below the one -hundred -year flood level.. Any person who attempts to use floodproofing techniques in order to satisfy the requirements of this Article as to non- residential structures shall provide the Indian River County building official with a certification from a professional engineer who is registered in the state of Florida that said structure is floodproofed or has adequate floodproofing provisions designed within said structure. LEVEL OF ONE -HUNDRED -YEAR FLOOD: The highest level of flooding that on the average is likely to occur once every one hundred (100) years (or has a one (1) per cent chance of occurring each year). SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or mprovement of a structure, the cost of which equals or exceeds fifty (50) per cent of the actual cash value of the' structure either before the improvement is started, or if the structure has been damaged and is being restored, before the damage occurred. Substantial improvement is commenced when the first alteration of any structural part of the building is begun. Section 3. ADOPTION OF FLOOD HAZARD BOUNDARY AND STUDY MAPS. The flood hazard boundary maps, including the zone designations on said maps and all explanatory material noted thereon, and the flood insurance study, dated January 1978, prepared by the U.S. Department of Housing and Urban Development, Federal Insurance Administration, are hereby incorporated into this Article by reference in their entirety. Said maps and study shall be kept in the custody of that individual delegated the administrative responsibility by the admin- istrative director of Indian River County for the approval and issuance of building permits. Said maps shall be referred to for a determination of the flood -prone and specificed hazard areas and the one -hundred -year base flood elevation line for a calculation of the construction requirements for any structure within the unincorporated areas of -Indian River County under the provisions of this Article. Section 4. REQUIREMENTS FOR RESIDENTIAL CONSTRUCTION. Within those unincorporated areas of Indian River County designated as special flood hazard areas by the flood maps, all new construction of residential structures or substantial improvements of existing residential structures including prefabricated and mobile homes shall have the lowest floor of'such structure, including basements, elevated to or_above the applicable level of the one-hundred=year flood. Section 5. REQUIREMENTS FOR NONRESIDENTIAL CONSTRUCTION. Within those unincorporated areas of Indian River County designated as special flood hazard areas by the flood maps, all new construction of nonresidential structures or sub- stantial improvements of exisiting nonresidential structures shall have the lowest floor including basements, elevated to or above the applicable level of the one -hundred -year flood; or, together with attendant utility and sanitary facilities, such nonresidential structures shall be flo.odproofed up to the applicable level of the one -hundred -year flood. Section 6. COASTAL HIGH HAZARD AREAS; NONCONFORMING USES. Within those areas designated as coastal high hazard areas by the flood maps, all nonconforming uses on land below the one -hundred -year flood level shall not be expanded. Section 7. DEVELOPMENT OF COASTAL HIGH HAZARD AREAS. Within those areas designated as coastal high hazard areas by the flood maps, no land below the level of the one - hundred -year flood shall be developed unless the new con- struction or substantial improvement shall: - 2 - fin (1) Be located landward of the reach of the mean high tide; (2) Be elevated on adequately anchored piles or columns to a lowest floor level at or above the applicable one - hundred -year flood level and securely anchored to such piles or columns; and (3) Have no basement and have the space below the lowest floor free of obstructions so that the impact of abnormally high tides or wind -driven water is minimized. Section 8. BUILDING PERMIT APPLICATIONS REVIEWED PRIOR TO ISSUA*CE. Within those unincorporated areas of Indian.River County designated as special flood hazard areas by the flood maps, all building permit applications for new construction or substantial improvements of residential and nonresidential structures including prefabricated and mobile homes shall be reviewed to assure that the proposed construction shall: (1) Be protected against flood damage; (2) Be designated or modified and anchored to prevent flotation, collaspe or lateral movement of the structure; (3) Use construction materials and utility equipment that are resistant to flood damage; and (4) Use construction methods and practices that will minimize flood damage. Section 9. SURVEY TO BE ATTACHED TO BUILDING PERMIT APPLICATION. Within those unincorporated areas of Indian River County designated as special flood hazard areas by the flood maps, all building permit applications for the construction or substantial improvement of residential and nonresidential structures including prefabricated and mobile homes shall be accompanied by a survey, signed and sealed by a professional surveyor licensed in the State of Florida, which specifically designates the elevation of the graded or final building pad of the site and of the proposed first floor of construction of such new structure or substantial improvement to existing structures. Such survey shall be attached to the building permit must be approved as meeting the requirements of this Article by the building official of Indian River County prior to the issuance of a building permit. Before a certificate of occupancy is issued for the structure, the building official of Indian River County shall inspect the premises to assure that the requirements of this Article have been met. Section 10. ARTICLE TO CONTROL CONFLICTING LAWS. The provisions and requirements of this Article shall'take precedence over any conflicting laws, ordinances, regulations or codes or parts thereof as they apply to the unincorporated areas of Indian River County. Section 11. AMENDED FLOOD MAPS. This Ordinance shall apply only to the unincorporated areas of Indian River County. The Flood baps, as incorporated herein, may be amended from time to time to reflect the changes in municipal boundaries and said amendments to the Flood Maps shall not effect the validity or enforceability of this Ordinance. Section 12. EFFECTIVE DATE. This Ordinance shall become.effective after adoption as prescribed by law. This Ordinance shall take effect August 14, 1978. ; CHAIRMAN WODTKE NOTED THAT THE COUNTY WILL HAVE TO DEVELOP A POLICY OF DECIDING WHO ESTABLISHES THAT A CERTAIN SITE IS IN A CERTAIN FLOOD INSURANCE ZONE,AND HE FELT POSSIBLY THE ZONING DEPARTMENT SHOULD HANDLE .THIS. PLANNING DIRECTOR STAN REDICK NOTED THAT THE BASIC DETERMINATION WILL BE TAKEN CARE OF IN MOST CASES BY THE SURVEY WHICH WILL TELL WHERE IT IS ABOVE THE 5' OR 8' LINE. HE NOTED THAT SECTION 9 OF THE ORDINANCE REQUIRES THAT A SURVEY DESIGNATING THE ELEVATION OF THE SITE BE ATTACHED TO THE APPLICATION FOR A BUILDING PERMIT AND ALSO STATES THAT THE -BUILDING OFFICIAL SHALL MAKE THE DETERMINATION. CHAIRMAN WODTKE ANNOUNCED THAT THE PUBLIC HEARING ON THE PROPOSED TOURIST DEVELOPMENT TAX ORDINANCE CONTINUED FROM THE PREVIOUS MEETING WILL BE HELD AT THIS TIME, HE NOTED THAT AFTER RECEIVING QUITE A BIT OF INPUT, CHANGES HAVE BEEN MADE IN VARIOUS PARTS OF THE ORIGINAL DRAFT, CHAIRMAN WODTKE STATED THAT AT THE PUBLIC HEARING THREE WEEKS AGO, WE ASKED THE TOURIST ADVISORY COMMITTEE TO CONSIDER THE REQUESTS FROM THE CITY OF VERO BEACH AND THE OTHER REQUESTS PRESENTED TO US AT THAT TIME. HE REPORTED THAT THE COMMITTEE DID MEET IN FULL WITH THE CITY OF VERO BEACH AND MR. PALMER OF THE TAXPAYERS ASSOCIATION. THE CHAIRMAN CONTINUED THAT BASICALLY THE ADVISORY COMMITTEE DISCUSSED THE CITY'S CONCERNS, AND THEIR RECOMMENDATIONS WERE DRAFTED INTO THE ORDINANCE UNDER CONSIDERATION NOW. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. LLOYD BERNEGGER OF INDIAN RIVER DRIVE DISCUSSED THE 64.35% BUDGETED FOR CAPITAL IMPROVEMENTS. HE INFORMED THE BOARD THAT THERE HAS BEEN ALMOST A COMPLETE SHIFT FROM THE HUMISTON PARK AREA TO THE CONN AND .JAYCEE BEACHES, AND HE FELT THAT THOSE AREAS ARE IN PRETTY BAD SHAPE - THE DUNES ARE BEING BROKEN DOWN IN SPITE OF SIGNS POSTED AND THE AREA GENERALLY HAS A DISORDERLY APPEARANCE. MR. BERNEGGER FELT THE ORDINANCE SHOULD PROVIDE SOME FUNDS FOR THIS AREA, WHICH IS DENSELY POPULATED AND NOT BEING CARED FOR PROPERLY. MR. BERNEGGER THEN ASKED IN THE EVENT THERE SHOULD BE NO SURPLUS, WHAT ASSURANCE THERE IS THAT THERE WILL BE FUNDS TO MAINTAIN ANY IMPROVEMENTS THAT AUG 0 9 197 b ARE MADE. HE ALSO DISCUSSED THE DIFFICULTY OF OBTAINING SUFFICIENT SIGNATURES TO HOLD A REFERENDUM TO DO AWAY WITH THE TAX ONCE IT IS ESTABLISHED. MR. BERNEGGER FURTHER NOTED THAT THE ADVERTISING BUDGET, WHICH IS SUPPOSEDLY AIMED AT PROMOTING SUMMER TOURISM, INCLUDES PARTICIPATING IN VARIOUS CONVENTIONS HELD AT TIMES OF THE YEAR WHICH WOULD NOT -SEEM TO CARRY THROUGH ON ENCOURAGING SUMMER TOURISM. COMMISSIONER SIEBERT EXPLAINED THAT THE TAX WILL AUTOMATICALLY DIE IN FOUR -YEARS IN ANY EVENT, AND FURTHER NOTED THAT THE BOARD COULD .REVOKE THE ORDINANCE THEMSELVES IF THEY WERE GIVEN ENOUGH REASON AND INPUT. MR. BERNEGGER THEN QUESTIONED WHY WABASSO BEACH PARK, WHICH HE DID NOT FEEL WAS HEAVILY USED, SHOULD GET 36% OF THE FUNDS ALLOCATED FOR CAPITAL IMPROVEMENTS. INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED HIM THE COUNTY IS REQUIRED TO MAKE AN ANNUAL ESTIMATE OF PEOPLE ATTENDING !IABASSO • M -- BEACH PARK OR THE LAND WILL REVERT TO THE STATE, AND ABOUT 24,006 VISITED THE PARK LAST YEAR. COMMISSIONER-SIEBERT NOTED THAT 58% OF THE MONEY ALLOCATED FOR CAPITAL IMPROVEMENTS IS TO BE SPENT IN THE CITY, AND COMMISSIONER Loy POINTED OUT THAT THE AREAS TO BE ADDRESSED WERE DEVELOPED BY THE CITY AND THE TOURIST COUNCIL. CHAIRMAN V!ODTKE NOTED THAT THE LAW WILL NOY ALLOW ANY OF THESE FUNDS TO BE USED FOR MAINTENANCE, BUT HOPEFULLY IT WILL IN THE FUTURE, COMMISSIONER SIEBERT STATED THAT HE AGREED WITH MANY OF THE POINTS MR. BERNEGGER BROUGHT UP TODAY AND FELT THEY WILL BE STUDIED. ALDIS BUTLER, MEMBER OF THE TOURIST DEVELOPMENT COUNCIL, STATED WITH REGARD TO PROMOTION OF SUMMER TOURISM, THAT IT IS NOT THE TIMING BUT THE MESSAGE THAT IS IMPORTANT, AND EMPHASIS WILL BE PLACED ON VERO BEACH AS AN IDEAL SUMMER VACATION SPOT. CHAIRMAN WODTKE ADDRESSED THE POSSIBILITY OF THERE BEING NO SURPLUS FOR MAINTENANCE OF CAPITAL IMPROVEMENTS. HE INFORMED MR. BERNEGGER THAT THE COUNTIES THAT HAVE ADOPTED THIS TAX USING THE STATE FIGURES, IN ALL CASES HAVE RECEIVED MORE THAN ANTICIPATED AND THERE WAS -A SURPLUS. THAT IS WHY THIS WAS ADDRESSED TO SET UP AWAY 21 AUG 0 91978 `~ TO DISTRIBUTE THE SURPLUS. IF THIS WERE CUT OFF, THERE WOULD BE A QUESTION THAT WOULD HAVE TO BE CONSIDERED. COMMISSIONER SIEBERT POINTED OUT THAT SECTION 4 ON PAGE 6 STATES THAT NO CONTRACTS SHALL BE ENTERED INTO WHICH ARE DEPENDENT ON RECEIPT OF TOURIST TAX DOLLARS COLLECTED AFTER A CERTAIN TIME. WILLIAM KOOLAGE, OF 815 26TH AVENUE, SPOKE FOR HIMSELF AND NOT AS A MEMBER OF AN ORGANIZATION. HE NOTED THAT THERE ARE MANY RETIREES IN VERO BEACH WHO CAME HERE PARTICULARLY BECAUSE THEY LIKED A COMMUNITY WHICH WAS NOT OVERBUILT OR FLOODED WITH TOURISM, AND MANY OF THOSE HE HAS -SPOKEN WITH ARE DISENCHANTED WITH ANYTHING THAT WILL PROMOTE MORE TOURISM. HE FELT THE ADVERTISING WILL CARRY OVER TO THE WINTER SEASON REGARDLESS OF WHETHER IT IS DIRECTED AT SUMMER TOURISM OR NOT. MR. KoOLAGE EXPRESSED CONCERN ABOUT THE CAPACITY. OF THE NEW HOSPITAL AND ALSO THE NEED FOR ADDITIONAL WATER AND SEWER. HE FELT THERE WOULD BE AN IMPACT FROM THE FUNDS NEEDED TO TAKE CARE 4 OF INCREASED TOURIST TRAFFIC AND FACILITIES. MR. KOOLAGE NOTED THAT THIS MAY BE A TAX ON TOURISTS, BUT IT IS STILL A TAX ON SOMEONE, AND HE FELT IF THIS MUST BE DONE, IT SHOULD -BE DONE ON A PRIVATE ENTERPRISE BASIS RATHER THAN A TAX, COMMISSIONER SIEBERT POINTED OUT THAT WHAT WE ARE HERE FOR IS TO DECIDE WHETHER WE WILL ALLOW THE PUBLIC TO CONSIDER THIS ON THE BALLOT, AND IT WILL BE THEIR DECISION. MR, KOOLAGE STATED THAT HE DID NOT FEEL IT SHOULD BE PUT ON THE BALLOT, ESPECIALLY IN SEPTEMBER WHEN A LOT OF THE RESIDENTS WON T -BE HERE. TOM PALMER, ATTORNEY FOR THE CITY OF VERO BEACH, THANKED THE TOURIST COUNCIL AND THE COUNTY ATTORNEY FOR ADOPTING ALMOST ALL OF THEIR SUGGESTIONS. HE STATED THAT HE DID FEEL THAT THERE HAVE BEEN TWO INADVERTENT OMISSIONS - ONE ON PAGE.5, IN THE LAST PARAGRAPH WHERE PART OF THE PHRASE aSHALL RECEIVE DETAILED LINE ITEM TAX EXPENDITURE REPORTS" WAS LEFT OUT, AND ATTORNEY BROWN AGREED THAT THIS HAD BEEN OMITTED._-_- - ATTORNEY PALMER CONTINUED'THAT ON PAGE 6, FIRST SENTENCE, THE PHRASE "IN WRITING WITH SPECIFIC FINDINGSSHOULD BE INSERTED AFTER THE WORD "REPORTED.. HE THEN ASKED IF IT IS THE INTENT THAT 22 AUG 9197 THE WORD "ELECTORS" IN SECTION lO ON THE LAST PAGE OF THE ORDINANCE MEANS THE REGISTERED VOTERS. THE BOARD AGREED THAT WAS THE INTENT. ATTORNEY PALMER SUGGESTED THAT ON THE FIRST PAGE OF THE BUDGET UNDER CONVENTION RENTAL THAT THE WORDS "RIVERSIDE THEATRE" BE STRICKEN BECAUSE THAT IS NOT NECESSARILY LIMITED TO THE THEATRE AND HE,FELT THERE IS A POSSIBLE AMBIGUITY BETWEEN THIS AND EXHIBIT E. IN DISCUSSION, THE BOARD FELT THAT IT WOULD BE BETTER TO WORD IT "RIVERSIDE THEATRE AND/OR OTHER DESIGNATED FACILITIES," AND ATTORNEY PALMER AGREED. -ATTORNEY PALMER THEN STATED THAT HE PRESUMED THAT IN EXHIBIT A THE PARK DEVELOPMENT LISTED UNDER THE NORTH COUNTY AREA WOULD MEAN OTHER THAN WABASSO BEACH PARK, AND THE BOARD AGREED. ATTORNEY PALMER THEN ASKED IF THE RECOMMENDATION OF THE TOURIST DEVELOPMENT COUNCIL AS SET OUT ON EXHIBIT B HAS BEEN ADOPTED, BECAUSE HE FELT IF IT HAS, THE WORDS "THE TOURIST DEVELOPMENT COUNCIL RECOMMENDS THAT" SHOULD BE STRICKEN AND THE STATEMENT SHOULD START WITH THE WORD "ALL." HE FELT IT IS AMBIGUOUS AS IT IS PRESENTLY WORDED. COMMISSIONER LOY NOTED THAT THE STATEMENT EXPRESSES THE INTENT AND IT HAS BEEN ACCEPTED BY THIS BOARD AND FELT THE STATEMENT IS FINE THE WAY IT IS. THE BOARD AGREED. ATTORNEY PALMER DISCUSSED EXHIBIT E AND REQUESTED THAT "RIVERSIDE THEATRE OR OTHER DESIGNATED FACILITIES" BE CHANGED TO "RIVERSIDE THEATRE ,AND OTHER DESIGNATED FACILITIES." IT WAS MUTUALLY AGREED TO CHANGE THE WORDING TO "AND/OR." ATTORNEY PALMER NEXT SUGGESTED THAT "FOR THE AMOUNT APPROXIMATED ABOVE" BE STRICKEN FROM.THE FIRST SENTENCE UNDER MEMO ON EXHIBIT E, BUT THE CHAIRMAN FELT SOME AGREEMENT WILL HAVE TO BE WORKED OUT WITH RIVERSIDE THEATRE AND THAT THERE SHOULD BE SOME FLEXIBILITY. ATTORNEY PALMER AGREED. ATTORNEY PALMER INFORMED THE BOARD THAT THE CITY COUNCIL ON JULY 23RD RECOMMENDED THAT THEY WOULD PROPOSE A CHANGE TO THE TOURIST DEVELOPMENT COUNCIL BUDGET BUT DID NOT HAVE A CHANCE TO DO SO AT THE WORKSHOP SESSION. HE CONTINUED THAT THEY HAVE NOT BEEN ABLE TO 23 40 t ASCERTAIN WHAT PERCENTAGE OF THESE FUNDS WILL BE DERIVED FROM FACILITIES WITHIN THE CITY AS OPPOSED TO THE REST OF THE COUNTY, 'BUT HAVE ESTIMATED THAT IT WILL PROBABLY BE IN THE NEIGHBORHOOD OF 90%. THE CITY COUNCIL, THEREFORE, RECOMMENDS THAT THE AMOUNT FOR SOUTH BEACH PARK BE INCREASED TO $150,000 AND THE CIVIC ART CENTER BE_REbUCED FROM $80,000 TO $75,000, WHICH WOULD ALLOCATE 81% OF THE EXPENDITURES TO THE CITY RATHER THAN 90°x. SOME'DISCUSSION FOLLOWED, AND THE CHAIRMAN ASKED ATTORNEY PALMER IF HE WOULD AGREE THAT THE CITY IS PART OF THE COUNTY, AND HE SAID HE WOULD. THE BOARD DID NOT WISH TO CHANGE ANY OF THE PERCENTAGES. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE No. 78-23 AS CORRECTED, CHAIRMAN WODTKE EMPHASIZED THAT NO ONE IS FORCING THIS TAX ON THE PUBLIC; THESE -FUNDS HAVE BEEN MADE AVAILABLE THROUGH THE LEGISLATURE AND WE ARE MERELY GIVING THE PUBLIC THE OPPORTUNITY TO DECIDE IF THEY WANT SUCH A TAX. -- 24 AUG 0 91978 PAU 24 Lill t t LE ORDINANCE NO. 78-23 INDIAN RIVER COUNTY, FLORIDA AN ORDINANCE TO LEVY AND IMPOSE A TWO (2) PER CENT TOURIST DEVELOPMENT TAX PURSUANT TO THE "LOCAL OPTION TOURIST DEVELOPMENT ACT" AS RECENTLY ENACTED BY THE LEGISLATURE FOR THE STATE OF FLORIDA, PRO- VIDING FOR THE COLLECTION OF SAID TAX; PROVIDING THAT THE REVENUE SO RAISED BE UTILIZED TO IMPLEMENT THE INDIAN RIVER COUNTY TOURIST DEVELOPMENT PLAN; PROVIDING FOR THE ADOPTION OF AN INDIAN RIVER COUNTY TOURIST DEVELOPMENT PLAN; ESTABLISHING AN "INDIAN RIVER COUNTY TOURIST DEVELOPMENT COUNCIL"; PROVIDING FOR THE TERMS, QUALIFICATIONS AND POWERS OF THE MEMBERS OF SAID COUNCIL; PROVIDING PENALTIES FOR FAILURE TO COLLECT THE TAX LEVIED; PROVIDING FOR APPROVAL OF THIS ORDINANCE BY REFERENDUM ELECTION; PROVIDING A*LIMITATION ON THE TAX TO FOUR (4) YEARS; PROVIDING FOR REPEAL AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 77-209, Laws of Florida, provides for the levy of a local option tourist development tax by any county; and WHEREAS, under the provisions of Chapter 77-209, Laws of Florida, this Board did on March 23, 1978, adopt a resolution establishing and appointing the members of the Indian River County Tourist Development Council; and WHEREAS, on June 21, 1978, said.Tourist Development Council presented to this Board its plan for tourist development; and WHEREAS, notice of a special referendum election to vote on this ordinance shall be duly published in the Vero Beach Press. i Journal, Vero Beach, Florida, as provided by Section 100.342, Florida Statutes; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: •SECTION 1: (a) For a period of four (4) years, beginning October 1st, 1978 and ending•September 30th, 1982, there is hereby levied and imposed a tourist development tax in Indian River County, Florida, at the rate of two per cent (2%) of each whole and major fraction of each dollar of the -total rental charged every person who rents, leases or lets for consideration any living quarters or accommodations in any hotel, apartment hotel, motel, resort motel, apartment, apartment motel, rooming house, tourist or trailer camp, or condominium for a term of I six (6) months or less. When receipt of consideration is by way of property other than money, the tax shall be levied and imposed on the fair market value of such non -monetary con- siderations. (b) The tourist development tax shall be in addition to any other tax imposed pursuant to Chapter 212, Florida Statutes, and in additon to all other taxes, fees, and the consideration for the.rental or lease. (c): The tourist development tax shall be charged by the person receiving the consideration for the lease or rental, and it shall be collected from the lessee, tenant, or customer at the time of payment of the consideration for such lease or rental. (d) The person receiving the consideration for such rental or lease shall receive, account for, and remit the tax to the State of Florida, Department of Revenue, at the time and in the manner provided for persons who collect and remit taxes under Section 212.03, Florida Statutes. The same duties and privileges imposed by Chapter 212, Florida Statutes, upon dealers in tangible property, respecting the collection and remission of the tax, the making of returns, the keeping of books, records and accounts, and compliance with the rules of the Florida Department of Revenue in the administration of said Chapter shall apply to and be binding upon all persons who are subject to the provisions of this Act; provided, however, the said Department of Revenue may authorize a quarterly return and - payment when the tax remitted by the dealer for the preceding . quarter did not exceed $25.00. (e) The said Department of Revenue shall keep records showing the amount of taxes collected, which records shall also include records disclosing the amount of taxes collected for and from each county in which the tax authorized by this Act is applicable. These records shall be open to the public during the regular office hours.of said Department of Revenue, as provided in Section 213.072, Florida Statutes. -2- JO ME 0 M (f) Collections received by the said Department of Revenue from the tax, less costs of administration of this Ordinance shall be paid and returned, on a monthly basis, to Indian River County for use by the County in accordance with the provisions of this Ordinance and shall be placed in the County Tourist Development Trust Fund. (g),. The said Department of Revenue, under the applicable c rules of the Career Service Commission, is authorized to employ persons and incur other expenses as appropriated by the Legislature of the ,State of Florida to administer this Ordinance. (h) The said Department of Revenue may promulgate such rules and may prescribe and publish such forms as may be necessary to effectuate the purposes of this Ordinance. SECTION 2: The anticipated revenue of $216,000.00 per year, less costs of administration as retained by the Department of Revenue, which the tourist development tax hereby levied should produce over each of the next two years shall be utilized to promote the Indian River'County tourist industry. Any surplus revenue over and above $216,000.00 shall be allocated to Item (a) Capital Improvement Fund, and disbursed to each capital improvement within Item (a) in the same proportions as the total budget of Item (a) is divided between the sub- catagories. The tax revenues received pursuant to this Ordinance shall be used.to fund the Indian River County tourist develop- ment plan, as established in order of priority Items (a) through (g) which is hereby adopted as follows: (a) Capital Improvement Funds --64.35% of all revenues received by the tax hereby levied, as deposited in the Indian River County Tourist Development Trust Fund, shall be distributed for Capital Improvements at Wabasso Beach Park, South Beach Park, the Civic Arts Center, and property in the North County.. Funds shall be distributed in a manner consistent with authorized use of revenues as outlined in Chapter 77-209, Laws of Florida. -3- rM (b) Advertising/Promotion--14.81% of all revenues received by the tax hereby levied, as deposited in the Indian River County Tourist Development Trust Fund, shal•1 be distributed on a monthly basis to be spent for advertising and promotion of the Indian River County tourist industry. Television, radio, newspapers, magazines, trade journals billboards, brochures, direct mailing and any other form of ad- vertising media, which might be reasonably expected to promote the development of tourism in Indian River 'County, may be utilized in the expenditure of funds for '*the purpose of developing Indian River County as a tourist center through advertising and promotion. It is the intent that the revenues expended for media advertis- ing shall be expended in furtherance of the promotion of summer tourism. (c) Vero Beach/Indian River County Chamber of Commerce Information Center -Beach and Mainland -- 9.26% of all revenues received by the tax hereby levied, as deposited in the Indian River County Tourist Development Trust Fund, shall be distributed pursuant to contract with the Beach and Mainland Information Centers of the Vero Beach/Indian River County Chamber of Commerce, said funds to be spent for rents, salaries, utilities, office equipment, telephone, distribution of materials and postage, office supplies and other necessary expenses related to an information center. (d) Sebastian/North County Information Center -- 4.17% of all revenues received by the tax hereby levied, as deposited in the Indian River County Tourist Development Trust Fund, shall be distributed pursuant to contract with.the Sebastian/North County Information Center with funds being used for salaries, utilities, postage, distribution of materials, telephone, necessary office supplies and other necessary and reasonable expenses related to the operation of an information center.. (e) Convention and Auditorium Rental --not more than 2.78% of all revenues received by the tax hereby levied, as deposited in the Indian River County Tourist Development Trust Fund, may be spent pursuant to service contracts or leases, for the purpose of providing convention and auditorium facilities used for purposes consistent with this Ordinance. (f) Administrative costs --not more than 2.310 of all revenues received by the tax hereby levied, as deposited in the Indian River County Tourist Develop- ment Trust Fund, may be spent for administrative expenses as approved by the Board of County Com- missioners of Indian River County for uses consistent with this Ordinance and State Law. (g) Reserve Fund --not more than 2.31% of all revenues received by the tax hereby levied, as deposited in the Indian River County Tourist Development Trust Fund, may be used to establish annually a reserve fund to be accumulated and spent as approved by the Board of County Commissioners consistent with this Ordinance and State Law. SECTION 3: There is hereby established, pursuant to the provisions of Chapter 77-209, Laws of Florida, an advisory council to be known -as the "Indian River County Tourist Development Council". The Council shall be composed of nine -4- members who shall be appointed by the Board of County Com- missioners. The Chairman of the Board of County Commissioners shall serve as Chairman of the Council. Two members of the Council shall be elected municipal officials. Three members of the Council shall be owners or operators of motels, hotels, or other tourist accommodations located in Indian River County and subject to the tax hereby levied. Three members of the Council shall bd persons who are involved in the tourist industry and who have demonstrated an interest in tourist development, that are not,owners or operators of motels, hotels or other tourist accommodations in the County and subject to the tax hereby levied. All members of the Council shall be electors of the County. The members of the Council shall serve for staggered terms of four (4) years. Chairman Board of County Commissioners 4 years Elected Vero Beach City Councilman 2 years Elected Municipal official (rotated among other municipalities) 4 years Owner or operator of motels, hotels or other accommodations) 4 years Owner or operator of motels, hotels or other accommodations) 2 years Owner or operator of motels, hotels or other accommodations) 2 years Person involved in tourist industry 4 years Person involved in tourist industry 4 years Person involved in tourist industry 2 years The Council hereby established shall be responsible for making recommendations to the*Board of County Commissioners for the effective operation of the uses of the tourist development tax revenue raised by the tax levied prior to action by the Board of County Commissioners on such matters, and may perform such other duties or functions as hereinafter may be prescribed by ordinance or Resolution including the review of all contracts with each Chamber of Commerce. The Council shall continuously review all expenditures of revenue from the Tourist Development Trust Fund and shall receive detailed line item tax expenditure reports from the Board of County Commissioners, or its designee, not less than -5- s z AUG 0 91979 quarterly. Expenditures which at least five (5) members of the Council believe to be unauthorized shall be reported, in writing with specific findings, to the Board and the Department of Revenue. The Board of County Commissioners and the Department of Revenue shall review the Council's findings and take appropriate administrative or judicial action to insure com- compliance with this Ordinance and with the provision of Chapter 77-209. SECTION 4: The revenues raised by the tax hereby levied may not be pledged by the Board of County Commissioners to secure and liquidate revenue bonds issued by the County. In addition no contracts or agreements shall be entered into which are dependent on receipt of tourist tax dollars collected after September 30, 1982. SECTION 5: Any person who is taxable hereunder who fails or refuses to charge and collect from the person paying any rental or lease the taxes herein provided, either by himself or through his agents or employees, shall be, in addition to being personally liable for the payment of the tax, guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082, Section 775.083, or Section 775.084, Florida Statutes. SECTION 6: No person shall advertise or hold out to the. public in any manner, directly or indirectly, that he will absorb all or any part of the tax, or that he will relieve the person paying the rental of the payment of all or any part of the tax, or that the tax will not be added to the rental or lease con- sideration, or when added, that it or any part thereof will be refunded or refused, either directly or indirectly, by any method whatsoever. Any person who willfully violates any provision of this subsection shall be guilty of a misdemeanor of the second degree, punishable as provided in Section 775.082, Section 775.083 or Section 775.084, Florida Statues. SECTION 7: The tax hereby levied shall constitute a lien on the property of the lessee, customer, or tenant in the same manner as, and shall be collectible as are, liens authorized and imposed in Sections 713.67 , 713.68 and 713.69, Florida Statutes. -6- 4. SECTION 8: This Ordinance shall become effective on the first day of the month following its being approved in a referendum election', held for the purpose of approving or rejecting this Ordinance, by a majority of the electors voting in such referendum election, and upon its being filed with the Office of the Secretary of State in Tallahassee with a certified copy heiein being furnished to the State of Florida, Department of Revenue. The tax authorized to be levied in this Ordinance shall not continue beyond September 30, 1982 without another referendum vote approving the proposed extension. In the event an extension referendum does not pass then any surplus funds in the Indian River County Tourist Development Trust Fund shall first be applied to complete budgeted and approved uncompleted Capital Improvements, and then to maintenance of completed Capital Improvements as allowed by law. SECTION 9: After enactment of this Ordinance, levying and 4 imposing this tax, the Plan of Tourist Development may not be substantially amended except by ordinance enacted by an affirmative vote of at least.four (4) members of the Board of County Com- missioners. Any change in the priority of budgeted items or reallocation of budgeted expenditures of revenue in Item (a) Capital Improvement funds shall be considered a substantial amendment. SECTION 10: Upon petition of fifteen per cent (15%), or more, of the electors of Indian River County, the Board of County Commissioners shall cause an election to be held for the repeal of this Ordinance and the tourist development tax levied. DONE AND ADOPTED in regular session this 9th day of Auptust r 1978. (SEAL) ATTEST: Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. By: PLAN FOR INDIAN RIVER COUNTY TOURIST DEVELOPMENT PREPARED BY THE INDIAN RIVER COUNTY TOURIST DEVELOPMENT COUNCIL TAX DISTRICT - INDIAN RIVER COUNTY BUDGET INDIAN{RIVER COUNTY TOURIST DEVELOPMENT COUNCIL 1978-80 ;4 Capital Improvement Funds $ 278,000.00 64-.35% Advertising -.Promotion 64,000.00 14.81% Vero Beach -Indian River County Chamber of Commerce Information Center - Beach and Mainland 40,000.00 9.26% Sebastian -North County Information Center 18,000.00 4.17% k Convention Rental •. Riverside Theatre and/or other designated facilities 12,000.00 2.78% Administrative Cost 10,000.00 2.31% a Reserve Fund 10,000.00 2.31 TOTAL TWO YEAR BUDGET $ 432,000.00 100% AUG 0 91978 Each of -the above Capital Allocations s a p consistent with 125.0104 (5) Florida Statutes 1977 AUG g 1978 k 4 A Capital Improvement Fund_ For Indian River County City of Vero Beach City of Vero Beach, Civic Arts Center North County Area TOTAL $ 278,000.00 Breakdown Allocation Indian River County m s ^ A- To be used for development of Wabasso beach park 100,000.00 City of Vero Beach A- To be used for development of South beach park 80,000.00 ' City of Vero Beach -Civic Arts Center A- To be used for the development of the Civic Arts Center property for tourism oriented facilities as authorized by law. 80,000.00 •_- North County Area A- To be used for needed improvements including park development 18,000.00 TOTAL CAPITAL IMPROVEMENT FUND ALLOCATIONS $ 278,000.00 h 11 be s ent in a manner Each of -the above Capital Allocations s a p consistent with 125.0104 (5) Florida Statutes 1977 AUG g 1978 k 4 B INDIAN RIVER COUNTY TOURIST DEVELOPMENT COUNCIL ADVERTISING BUDGET - 2 YEAR • i c A- Participation in National and International exhibits and expositions - CANADIAN NAT'L EXPOSITION - TORONTO, Aug/Sept 179 $6,000 UNITED STATES TRAVEL SERVICE ANNUAL POW -WOW July 179 4,000 6 FLORIDA SHOWCASE - MAJOR U.S. CITIES 4 per year 6,000 TOTAL "A" B- COLOR BROCHURES 150,000 - 4 year supply C- GENERAL MEDIA ADV. �. Billboards, Magazines, Newspapers, RDO, etc. . TOTAL. TOTAL $ 16,000 20,000 28,000 64,000 The Tourist Development Council recommends that all media dollars and brochures are to be directed toward summer tourist development. C Vero Beach -Indian River County Chamber of Commerce Information Center Beach and Mainland Beach Tourist Information Center Rent - $150.. per month $ 3,600.00 Salary -'Approximately $125 per week 13,000.00 FICA (.0605) 845.00 Utilities 2,400.00 office Equipment (one time expense) 2,000.00 Telephone 1,000.00 TOTAL BEACH INFORMATION CENTER $22,845.00 Mainland Information Center Distribution Material & Postage $ 7,000.00 Printed matter 4,000.00 c Additional office supplies for inquiries, etc: 1- Envelopes and Letterhead 2- Memo paper, copy supplies, telephone t and others 6,155.00 TOTAL MAINLAND INFORMATION CENTER $17,155.00 e TOTAL CHAMBER OF COMMERCE BEACH AND MAINLAND INFORMATION CENTERS $40,000.00 AUG 0 9 1978 D SEBASTIAN RIVER -CHAMBER OF COMMERCE AND NORTH COUNTY INFORMATION CENTER Salary - 1 person at $115.00 per week FICA (.0605) Utilities - $60per month Postage and Distribution material Telephone Reserve for other expenses TOTAL Brochures and printed matter to be furnished from material published by the Tourist Development Board. $11,960.00 723.58 1,440.00 676.42 1,200.00 2,000.00_ $18,000.00 r 4 't G E CONVENTION RENTAL RIVERSIDE THEATRE and/or other designated facilities A- Convention use $500.00 per month $12,000.00 MEMO: A contract agreement will be worked out, which will stipulate the number of days the Theatre will be available for the amount approximated above. A fee will be negotiated for rental of the Theatre, over and above the indicated rental fee. sea AUG 0 91978 'f THE BOARD THEREUPON RECESSED AT 12:1.5 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 1:30 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT, LORA AMMONS APPEARED BEFORE THE BOARD TO DISCUSS THE RE- QUEST MADE IN HER• LETTER'OF .JULY 24, 1978, AS FOLLOWS: i July 24,, 1978 Bonorable County Commissioners R�E1VE0 Indian River County Courthouse pa,`Stay��+5 Vuft�'u? Vero Beach Florida 32960 �- %,d Ronorable Members: c It has come to my attention that there is about 300 feet of fence along U.S. Highway #1 at the edge of the Winter Beach School grounds that is not visibly serving any purpose. The Baptist Retirement Center, Vero Beach, is in need of such.a fence to help in caring for their residents so they can be outside without danger of wandering onto the road, etc. I wish to know if you would consider donating this fence for their use. It would be greatly appreciated. I will be present at your meeting August 9, 1978 to receive your answer. Stucgrely, Ws. Lora Ammons r M P. Q. Box 124 Winter Beach, Florida 32971 COMMISSIONER LOY FELT THAT MRS. AMMONS EFFORTS ARE COMMEND- ABLE, AND STATED SHE WOULD LIKE TO FIND A FENCE FOR HER PURPOSES, BUT DID NOT FEEL THIS ONE SHOULD BE REMOVED. COMMISSIONER LOY NOTED THAT THIS FENCE RUNS ALONG U.S.1, AND ALTHOUGH THERE IS A FENCED PLAY - YARD FOR THE YOUNGSTERS AT THE SCHOOL GROUNDS, THERE IS AN OPEN AREA ON THE NORTH SIDE AND THERE IS ALWAYS THE POSSIBILITY A.YOUNSTER MIGHT GET OUT OF THE ENCLOSED AREA AND HEAD FOR U.S.I. SHE FURTHER NOTED THAT THE USAGE OF THIS PROPERTY CHANGES FROM TIME TO TIME AND THE FENCE COULD VERY WELL BE NEEDED IN THE FUTURE. wl t R COMMISSIONER SIEBERT AGREED AND NOTED THAT HEAD START AND OTHER GROUPS DO USE THIS. SITE NOW. COMMISSIONER DEESON STATED HE ALSO WAS CONCERNED THAT THE USAGE OF THE'PROPERTY MIGHT CHANGE AND THE FENCE MIGHT BE NEEDED, CHAIRMAN WODTKE NOTED THAT EVEN IF THE FENCE WERE AVAILABLE, THE BOARD WORLD HAVE A -PROBLEM UTILIZING IT FOR SOMETHING OTHER THAN A GOVERNMENTAL AGENCY. IT WAS AGREED THAT THE FENCE COULD NOT BE DONATED TO THE BAPTIST RETIREMENT CENTER. THE BOARD NEXT DISCUSSED A LETTER FROM SUPERINTENDENT MCCLURE REQUESTING THE COUNTY'S COOPERATION IN REGARD TO DRAINAGE PROBLEMS AND PAVING NEEDED AT THE VERO BEACH SENIOR HIGH SCHOOL PARKING LOT. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAS A ROUGH SKETCH OF WHAT HE BELIEVES THIS WOULD REQUIRE. HE NOTED THAT HE WOULD HAVE TO RUN LEVELS TO FIND A WAY TO DRAIN THE WATER OFF AND POINTED OUT THAT HE DOES NOT KNOW WHAT IS UNDER THE PAVING. HE CON— TINUED THAT THEY NEED SOME FILL AND WOULD LIKE THE ENTIRE AREA RECAPPED. COMMISSIONER SIEBERT QUESTIONED WHETHER IT IS THE COUNTY'S RESPONSIBILITY TO PAVE A SCHOOL PARKING LOT. - CHAIRMAN WODTKE NOTED THAT WE HAVE ASSISTED IN THIS AREA BEFORE BECAUSE OF OUR BID CONTRACT, BUT THE SCHOOL BOARD HAS PAID FOR THE MATERIALS. HE ASKED IF THAT WAS THEIR INTENTION. ADMINISTRATOR JENNINGS SAID THAT HE DID NOT UNDERSTAND IT THAT WAY, COMMISSIONER'SIEBERT STATED THAT, THOUGH HE_HATED TO APPEAR UNCOOPERATIVE, HE FELT THIS IS THE SCHOOL S RESPONSIBILITY SINCE THEY COLLECT A TAX JUST AS THE BOARD DOES. HE CONTINUED THAT IF WE CAN HELP THROUGH OUR ANNUAL BID PROCESS WITH MATERIALS, AND THEY WANT TO PAY FOR IT, THAT IS FINE. .COMMISSIONER LOY AND CHAIRMAN WODTKE CONCURRED THAT THIS IS A CAPITAL MAINTENANCE ITEM AND DOES FALL INTO THE SCHOOL BOARDS RE— SPONSIBILITY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Wal LOY, THE BOARD UNANIMOUSLY DENIED THE REQUEST OF THE SCHOOL BOARD TO DRAIN AND PAVE THE STUDENT PARKING LOT AT VERO BEACH SENIOR HIGH SCHOOL BECAUSE IT IS THE RESPONSIBILITY OF THE SCHOOL SYSTEM TO MAIN— TAIN THEIR OWN PROPERTY. 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: THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO MR. AND MRS. LUCIEN J. MICHAUD BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.66. 40 AUG40 0 9 1978 . p VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida " 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, COUNTY OF INDIAN RIVER: Florida, which changes and additions are STATE OF FLORIDA substantialiyasfollows: s Beforg the undersigned authority personally appeared J. J. Schumann, Jr. who on oath 1. That the Zoning Map be changed in order that the following described property situated lulYs that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published in Indian River County, Florida, to -wit: at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being The South 290 feet of the West 300 feet of the East 20 Acres of TractSection according 33 South, Range 39 East, to he last general plat of lands of the Indian River Farms Company filed in Plat Book 2, page2�, n �� � Public Records of SL Lucie County, Florida; o� In the matter of T �J now an beingIndian County,ds Florida.ling Containing ac 2 res more or � Be changed from Agricultural District to R-1 District, in the Court, was pub- A public hearing in relation thereto at which parties in interest and citizens shall have an fished in said newspaper in the issues of opportunity to be heard, will be held by said Planning and Zoning Commission in the Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, June 8, 1978, at 7:30 P.M., after which said public hearing in relation thereto at which Parties in interest and citizens shall have an s that the said Vero Beach Press -Journal is a newspaper published at Affiant further says 'newspaper heard will be held by the opportunity to County Board of County Commissioners of Indian Vero. Beach, in said Indian River County, and that the said has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered River County, Florida, in the County Com• mission Room, Indian River County Cour• as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida thouse, Vero Beach, Florida, on Wednesday, for a period of one year next preceeding the first publication of the attached copy of adver• August 9,1978, at 2:00 P.M. tisement; and affiant further says that he has neither paid nor promised any person, firm or Board of County Commissioners corporation any discount, rebate, commission or refund for the purpose of securing this adver- Indian River County tlsement for publication in the said newspaper. By: William C. Wodtke Jr., ChairmanIndian River County Planning Sworn to and subscribed before me this day ofA.D. & Zoning Commission BY: Dick Bird, Chairman May 21, 24, 28,1978. (Bess Manager) in (Clerk of the Circuit Court, India Iver County, Florida) (SEAL) THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO MR. AND MRS. LUCIEN J. MICHAUD BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.66. 40 AUG40 0 9 1978 . p BOARD OF COUNTY COMMISSIONERS VALLtAM C. WODTKE, JR., Chairman ALMA LEE LOY. Vice Chairman WILLARD W. SIEBERT. JR. QDWIN S. SCHMUCKER R. DON DEESON JACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach. Florida 32961 ti �. May 17, 1978 Mr. and Mrs. Lucien J. Michaud 4366 14th Lane Vero Beach, Florida 32960 Dear Mr. and Mrs.•Michaud: In compliance with Florida Statute 125.66 the following is a Notice of Public Hearing for rezoning, as requested by you. Q NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida to wit: The South 290 ft, of the West 300 ft, of the East 20 acres of Tract 7, Section 17, Township 33 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company filed in Plat Book 2, page 25, Public Records of*St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida. Containing 2 acres more or less. Be changed from Agricultural'District to R-1 Single Family District. A public hearing in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida in the County Commission Room in the County Courthouse, Vero Beach, Florida on Wednesday, August 9, 1978 at 2:00 o`clock P.M. Sincerely, Freda Wright FFa: {� of Clerk g 4 • r M PLANNING DIRECTOR REDICK INFORMED THE BOARD THAT THIS IS A SIMPLE REQUEST FOR R-1 IN AN AGRICULTURAL ZONE IN ORDER TO BUILD A SINGLE RESIDENCE ON TWO ACRES OF A NON-PRODUCTIVE GROVE HE STATED THAT IT IS IN CONFORMANCE WITH THE MASTER PLAN, HAS BEEN APPROVED BY. THE PLANNING & ZONING COMMISSION, AND STATED HE WOULD RECOMMEND IT FOR APPROVAL. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, THERE WERE NONE. 41 AUG 9 1978 36 ra v 41 f t - ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE No. 78-24. i 42 AUG � g 19� r 4 ORDINANCE NO. 78-24 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 interes tiand 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: The South 290 feet of the West 300 feet of the East 20 acres of Tract 7, Section 17, Township 33 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company filed in Plat Book 2, page 25, Public Records of St. Lucie County, Florida; said lands now lying and being in Indian River County, Florida. Containing 2 acres more or less. Be changed from Agricultural District to R-1 District. All with the meaning and intent -and as set forth and described in said Zoning Regulations. This Ordinance shall take effect August 14, 1978. AUG o 9 197a ,. 0 STAN REDICK, PLANNING DIRECTOR, CAME BEFORE THE BOARD TO DISCUSS THE APPLICATION FOR THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ASSISTANCE PROGRAM. HE EXPLAINED THAT A RESOLUTION MUST BE ATTACHED TO THE APPLICATION AND NOTED THAT IF SUCH A RESOLUTION IS PASSED TODAY, THE -APPLICATION WILL BE TAKEN TO TALLAHASSEE NEXT WEEK. HE INFORMED THE BOARD THAT IF WE ARE AUTHORIZED TO GET THE FUNDS, THERE WILL BEA CONTRACT BETWEEN THE STATE AND THE COUNTY WHICH WILL COME BACK TO THIS BOARD FOR APkOVAL. MR. REDICK POINTED OUT THAT THE RESOLUTION MERELY CONFIRMS AUTHORIZATION TO SUBMIT THE APPLICATION, AND THE ONLY UNUSUAL PART IS THAT IT IS A JOINT APPLICATION OF THE COUNTY, SEBASTIAN AND FELLSMERE. MR..REDICK CONTINUED THAT HE HAS MET WITH OFFICIALS OF BOTH THESE CITIES, AND THEY HAVE INDICATED THAT THEY INTEND TO ADOPT A SIMILAR RESOLUTION. MR. REDICK NOTED THAT HE WENT TO SEBASTIAN AND FELLSMERE WITH THIS PROPOSAL BECAUSE WE, AS A COUNTY, WILL GET A 20% .ADDITIONAL POINT COUNT IN TERMS OF OUR ABILITY TO GET FUNDS. HE POINTED OUT THAT WE ARE COMMITTED TO DO THESE PLANS IN ANY EVENT AND THIS WOULD GIVE US AN ADDITIONAL $8,500. THE MATCH CAN BE HANDLED WITH "IN-KIND" CONTRIBUTIONS. COMMISSIONER SIEBERT AGREED THAT THE PURPOSE OF THIS APPLICA- TION LS TO COMPLY WITH THE STATE COMPREHENSIVE PLANNING ACT AND RECEIVE SOME FINANCIAL ASSISTANCE. MR. REDICK REQUESTED THAT A RESOLUTION BE ADOPTED IN SUCH A `WAY THAT FELLSMERE AND SEBASTIAN COULD BE EXCLUDED IF THEIR COUNCILS SHOULD DECIDE NOT TO JOIN IN. DISCUSSION FOLLOWED IN REGARD TO THE FORM OF THE RESOLUTION, AND IT WAS FELT A RESOLUTION SIMILAR TO THE SAMPLE PROVIDED, SIGNED BY THE CHAIRMAN AND CERTIFIED, WOULD BE SATISFACTORY. ON MOTION BY COMMISSIONER SIEBERT,.SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 78-53, AUTHOR- IZING THE EXCLUSION OF THE MUNICIPALITIES IF THEY CHOOSE NOT TO PARTICI- PATE AFTER THEY HAVE AN OPPORTUNITY TO TAKE THE APPROPRIATE ACTION. SIGNED APPLICATION AND RESOLUTION ARE HEREBY MADE A PART OF THE MINUTES. 44 0 APPLICATION FORM FOR.THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ASSISTANCE PROGRAMS NOTE: Only those applications postmarked or hand -delivered to the Division of Technical Assistance on.or before August 21, 1978 wi.l� 1 be acceptable for processing A fully completed applica- tron form and a resolution constitute an acceptable application. TO BE SUBMITTED TO: Mr. Rick Barrett Division of Technical Assistance Florida Department of Community Affairs 2571 Executive Center Circle, East Tallahas_sze. PlorWa 323P] _ APPLICANT GodcXVxxx county) : Indian River County ADDRESS: 2145 14th Avenue Vero Beach, Fla. 32960 County Administrator TELEPHONE: ( 305) 562-4186 CHIEF ELECTED OFFICIAL: William C. Wodtke, Jr. TELEPHONE:(305) 562-5449 The Applicant certifies that to the best of his knowledge and belief, the data in this application are true and correct, and the filing of the application has been duly authorized by the governing body of the Applicant as confirmed by an attached resolution. The resolution was duly approved by the governing body in a regular or special meeting held between the receipt of this application and the August 21, 1978 deadline. August 9, 1.978 Signature of the Chief Date Elected Official J NOTt: Application must be signed by the chief elected official and include ` all identifying information, fiscal need information,�and a resolution from the governing body. A separate application must -be submitted by each governmental unit that isincluded in a joint application.. FOR JOINT APPLICANTS ONLY: Please indicate below the designated common planning entity (the public or private organization staff that will be _ responsible for performing any work that is funded under this program). ..This information must be included for a joint application to be acceptable. Indian River County Planning & Zoning Dept. Stan Redick, Director (305) 567-5142 Name of Entity Contact person and phone number Name and Mailing Address of the Chairman of the Local Planning Agency (LPA) as designated pursuant to the Local Government Comprehensive -Planning Act. Mr. -Richard Bird P. 0. Drawer C Vero Beach, Fla. 32960 DO NOT WRITE BELOW THIS LIME APPLICATION NUMBER: SINGLE JOINT APPLICATION COMPLETE: YES NO APPLICANT APPLIED IN 1977: YES NO POSTMARY.jDELIVERY DATE: A11r, n9. 197 RESOLUTION NO. 78-53 WHEREAS, the Board of County Commissioners of Indian River County, Florida has recognized a need to provide for orderly growth and management as contemplated by the passage of the Florida Local Government Comprehensive Planning Act; and WHEREAS, the State of Florida has recognized a need to assist locid governments in availing themselves of the benefit of the Act; and WHEREAS, the Florida Legislature has charged the Department of Community Affairs with administering the Local Government Comprehensive -Planning Act Assistance Fund Program; NOW, THEREFORE, The BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, requests the Department of Community Affairs to include Indian River County's application among the joint applications from Fellsmere and Sebastian requesting financial assistance from the Local Government Comprehensive Planning Act Assistance Fund Program for 1978-1979. FURTHER, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA indicates its commitment to comply with the appropriate and applicable state and local laws, rules and regulations for the administration of this program,including but not limited to, necessary matching funds, funding only eligible planning activities, etc., which are more fully described in Chapter 9B-5, F.A.C. Said Resolution shall become effective as of the 9th day of August, 1978. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By William C. Wodtke, Jr., Chairman Attest: --- = Freda Wright, Cle k__ Not 46 a r C , I j i i 1 CHAIRMAN WODTKE INTRODUCED.ALISON DE GENERO TO THE BOARD AND NOTED THAT MR. DEGENERO HAS BEEN INVOLVED WITH THE MEALS ON WHEELS PROGRAM FOR A LONG TIME. THE CHAIRMAN STATED THAT HE IS IMPRESSED WITH THE APPROACH MR. DEGENERO HAS TAKEN IN THIS PROGRAM AND WITH THE RESPONSE HE HAS GOTTEN. THE CHAIRMAN THEN INSTRUCTED THAT A LETTER RECEIVED FROM THE FLORIDA RESTAURANT ASSOCIATION IN THIS REGARD BE MADE A PART OF THE MINUTEST AS WELL AS A PETITION IN SUPPORT OF THE WEEKEND MEALS PROGRAM FOR THE GENUINELY NEEDY SIGNED BY MERCHANTS AND CITIZENS OF THE GIFFORD AREA. Chapter 5 ... Serving the Treasure Coast P.O. Box 1628 . Ft. Pierce, FL 33450 Phone: [305) 464-5018 / Aug. 1, 1978 TO WHOM IT MAY CONCERN: At our regular monthly meeting held on June 12, 1978, Mr. Alison De Genera of Vero Beach acquainted us with a program called "Weekend Meals for the Genuinely Needy".' What impressed us most was that no federal funds were being used.for the food or administration costs. The members pledged support to the program, and I am pleased to report that Vero Beach members of our Association have already started providing food for the genuinely needy of Indian River County. We have been assured'by Mr. De Genero that as 'soon as the Indian River County program is well under way he will initiate a similar program in St. Lucie County. Frank L. Collier President, Chapter 5 Cr! 1012 Chipola Road Ft. Pierce, Fla. 33450 47 '91 AU,�;i°� �67lggIJ,1rF�• •vl', A�U1�G 47 July 1, 1978 W C9 AUG 19?g ti RECEIV w t>a ED � .v BOARD COUNIY COMMISSIOnERS Z.' To Whom It May Concern: The undersigned concerned merchants and citizens of Gifford firmly believe in the concept that any community which helps itself in areas where it can is a far better and happier com- munity. We, 'therefore, gladly contribute food, time and labor to the Weekend Meals Program for the Genuinely Needy, organized by Mr. A. De Genero. t t (.:bi/F � I r r• I�•' � �/PG��• � G.l� � f. � / �-. �' �• 7'�J-tom / d 4— sty , 41o�4 &I CG4t �ti ' ADG/jcd AUG p 91978 a e CHAIRMAN WODTKE THANKED MR; DEGENERO FOR THE EFFORTS HE HAS PUT FORTH IN PROVIDING MEALS FOR THE NEEDY IN THE AREA AND ALSO THE RE4TAURANT ASSOCIATION FOR THEIR PARTICIPATION. MR. DEGENERO EXPRESSED HIS APPRECIATION AND NOTED THAT WITHIN THE NEXT YEAR, HE IS GOING TO ASK THE COMMUNITY TO GIVE MUCH MORE THAN THEM ARE GIVING AND ALSO HOPES HE CAN ASSIST THE COUNCIL ON AGING OUT OF THEIR DILEMMA. HE FELT THAT THE PEOPLE SHOULDN'T ALWAYS ASK THE GOVERNMENT TO HELP, FOR WE ALL ARE THE GOVERNMENT AND PAYING ALREADY. COMMISSIONER SCHMUCKER REQUESTED THAT AN EMERGENCY ITEM BE ADDED TO TODAY'S AGENDA IN.REGARD TO AMENDING THE SECTION 8 APPLICATION FOR EXISTING HOUSING. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADDED TO TODAY'S AGENDA THE EMERGENCY ITEM AS REQUESTED BY COMMISSIONER SCHMUCKER. ED REGAN, DIRECTOR OF THE COMMUNITY DEVELOPMENT PROGRAM, EXPLAINED THAT HUD HAS OFFERED TO GIVE US ANOTHER ZO UNITS OF HOUSING IF WE ACT QUICKLY. THIS WOULD AMOUNT TO A TOTAL OF 120 HOUSING UNITS, AND IT IS JUST A QUESTION OF ADDING THE ADDITIONAL ZO,TO THE APPLICATION. ON MOTION BY COMMISSIONER SIEBERT,.SECONDED BY COMMISSIONER DEESON, THE.BOARD UNANIMOUSLY GRANTED RETROACTIVE APPROVAL OF THE AMENDMENT TO THE SECTION 8 - HOUSING ASSISTANCE PAYMENTS PROGRAM - APPLICATION FOR EXISTING HOUSING, INCREASING THE UNITS FROM lOQ TO 120 AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN AS OF AUGUST 4, 1978. _ 49 AUG 0 9 1976 �� 36 P 4 Be— Anti s 06tn Nn- ril.ft tact U.S. DEPAnTMENT OF HOUSING AND URBAN DE•vELOPMENT y APPLICATtUN/I'HOJLCT NUM111 11 ' + SECTION 8 - HOUSING ASSISTANCE PAYMENTS PROGRAM (FOR HUD USE ONLY) APPLICATION FOR EXISTING HOUSING [_ICJLaf I---III.i-•- 000 ISubmlt an original and six copies of this application form and attachments) The Indian River Board of C o . C o mm i s s i gk11Q1 )Srequcsts an Annual Contributions Contract to provide housing (oj(lefal Name of Public !lousing Agency) assistance payments for 120 units of Section 8 Existing Housing. ❑ No prior applications for Section 8 Existing !lousing have been submitted. Prior application(s) approved, disapproved, or pending. Give ACC Part I Number: , and application/project nuinber(s) Previous U b � , a ., 19, L9 7 8 This application is ❑ is not ® for Recently Completed Hvusing (See 24 CFR, Section 882.120). Number of applications submitted at this time MAILING ADDRESS OF PHA PHONE NUMBER Indian River County Bpard of County Commissioners County Courthouse --2145 14th Avenue Vero Beach Florida 32960 305-569-1940 SIGNAJURE AND_TITLE OF PH FFICER AUTHORIZED TO SIGN THIS APPLICATION •��� '-3f1 William Cl Wodtke, Jr., Chairman DATE Board of County Commissioners August 4, 1978 LEGAL AREA OF OPERATION • (Area where the PHA determines that it is not barred from entering into Contracts, see 24 CFR Section 881,103) o A. PRIMARY AREA(S) FROM WHICH FAMILIES TO BE ASSISTED WILL BE DRAWN LOCALITY (City, Town, etc.) COUNTY CONGRESSIONAL DIST. UNITS Indian Kiver lenth B. PROPOSED ASSISTED DWELLING UNITS I BUILDING TYPES LIKELY NUMBER OF DWELLING UNITS BY BEDROOM COUNT TOTAL Elderly, Handicapped or Disa. Non -Elderly TO BE UTILIZED DWELLING fficlene 1 -BR 2 -SR 1 -BR 2 -BR 3 -BR 4 -BR 5 -BR 6t9R UNITS 3• 15 120 C. NEED FOR HOUSING ASSISTANCE Demonstrate that the project requested in this application is consistent with the applicable Housing Assistance Plan including the goals for meeting the housing needs of Lower -Income Families or, in the absence of such a Plan, that the proposed project is responsive to the condition of the housing stock iin the community and the housing assistance needs of Lower -Income Families (including the elderly, handicapped and disabled, large Families and those dlsphzeed'or to be displaced) residing in or expected to reside in the community. See Attachment A (the latest approved Housing Assistance Plan ) i (Previously submitted) D. QUALIFICATION AS A PUBLIC HOUSING AGENCY Demonstrate that the applicant qualifies as a Public Housing Agency (24 CFR, Section 882.IO2) and Is legally qualified and authorized to carry out the project applied for In this application. (Check Appropriate Box Below) - SUBMITTED WITH THIS PREVIOUSLY APPLICATION SUBMITTED 1. The relevant enabling legislation See Attachment B ❑ Z. Any rules and regulations adopted or to be adopted by the agency to govern its operations ❑. ❑ 3. A supporting opinion from the PUBLIC HOUSING AGCNCY COUNSEL ©. ❑ • See Attachment Page 1 of 2 pages G �.. .. ... .i. Y.-.. . .. ,... ..... • ... .4.M Y. .r.r.... - .. s.. .. ..• Ir y. r.l.i .� .. lM.-.�. N.i. N'1...l, NM N.JM -♦ .. n... .. / . AUG 0 91979 '~ now 36 E. FINAN_CIAL_AND ADMINISIRATIVE CAPABILITY Describe the experience of the PIIA In administering housing or other programa and provide other information which evidences present or potential management capability for like pri+posed program. See Attachment D (Management Capability/Administrative Experience/Administrative Plan) .(Previously submitted) i F. HOUSING QUALITY STANDARDS provide • statement that the Housing Quality Standards to be used in the operation of the program will be as set forth in 24 CFR, Section 882.109 of Wt variations in the Acceptability Criteria aro proposed. In the latter case, each proposed variation shall be specified and justified. into variation from4 acceptability is proposed. We will use HUD Dwelling Inspection Unit Report (HUD 52580 5/75) as our official standards guide. G. LEASING SCHEDULE i+rodde s proposed schedule specifying the number of units to be leased by the end of each three-month period (24 CFR. Section 88Z2061c)). Quarter 1st 2nd 3rd 4th Units 20 50 85 120 H. ATTACHMENTS The following additional items may be submitted either with the application Items 1, 2, and 3 below must be submitted together. SUBMITTED WITH TO BE THIS APPLICATION SUBMITTED L Etjual opportunity housing plan Form HUD -914 (24 CFR. r Section 88Z204(b)(.I)) and certifications, Form HUD -916. I Estimates of required annual contributions, Forms HUD -52671, ❑ (� �Jls HUD -52672 and HUD -52673 (Section 88Z204(b)(2)). 4 I � An administrative plan (882.204(b)(3)). ' 4• Proposed schedule of allowances for utilities and other services . Q With a justification of the amounts proposed (Section 882.204(b)(4)). HUD FIELD OFFICE RECOMMENDATIONS 11 11 RECOMMENDATION OF APPROPRIATE REVIEWING OFFICE 1 SIGNATURE AND TITLE 1 DATE HUD 512516 Rev. 6170 p O. P.0, 1a" 740-t+Oa / visa, 1rttOtON NO. 4 Page 2 or. 2 pares•-'�6 F 11r, 9 i '70 NU 36 PAGE 51 0 COMMISSIONER SCHMUCKER BROUGHT UP THE.MATTER OF THE TENNIS COURT PROJECT AT NORTH GIFFORD PARK. MRS. WALTER JACKSON CAME BEFORE THE BOARD AS SPOKESMAN FOR THE GIFFORD PROGRESSIVE CIVIC LEAGUE TO MAKE AN APPEAL FOR ASSISTANCE WITH THE DEVELOPMENT OF THE TENNIS COURTS. SHE STATED THAT SHE WAS HERE WHEN THE;BOARD COMMITTED THEMSELVES IN SPECIFIC TERMS IN REGARD TO THE TENNIS COURTS AND WAS VERY HAPPY, BUT WHEN SHE READ THE CORRE- SPONDENCE BETWEEN MR. REGAN AND MR. LUNDY AND HEARD THIS PROJECT WAS BEING HELD UP, HER HEART BLED. SHE APPEALED TO THE BOARD TO HELP THEM SO THEY CAN MAKE USE OF THE CETA FUNDS WHICH AMOUNT TO OVER $7,000 AND STATED THAT UNLESS THIS HELP IS RECEIVED, THE BOARD WILL BE DEPRIVING THAT PART OF THE COMMUNITY THAT BADLY NEEDS RECREATION TO DEVELOP ROUNDED PERSONALITIES. MRS. JACKSON CONTINUED THAT "AS A PEOPLE WHO ARE THE LAST TO BE HIRED AND THE FIRST TO BE FIRED," THE BOARD'S CONTRIBUTION WILL ENCOURAGE THEM TO HELP DEVELOP, AND THEY ARE AT THE BOARD'S MERCY-. CHAIRMAN WODTKE INFORMED MRS. .JACKSON THAT WHEN THIS MATTER WAS BROUGHT BEFORE THE BOARD, THE BOARD WAS ASSURED INA LETTER FROM MR. LUNDY AS PRESIDENT OF THE GIFFORD PROGRESSIVE CIVIC LEAGUE, THAT IF THE COMMISSION WOULD DO CERTAIN THINGS, THE PROGRESSIVE CIVIC LEAGUE AND THE CHURCHES WOULD HAVE SUFFICIENT FUNDS TO FINISH THE PROJECT. HE CONTINUED THAT THE BOARD OF COUNTY COMMISSIONERS AUTHORIZED THE ADMINISTRATOR TO GO IN AND PUT IN A CERTAIN AMOUNT OF FILL.AND GRADE, SUBJECT TO MR. LUNDY'S ASSURANCE THAT THE FUNDS WERE THERE TO FINISH THE PROJECT - TO ASPHALT THE COURTS, PUT THE NETS UP, THE LIGHTS, ETC. MRS. JACKSON FELT THAT MR. LUNDY HAS OVERSTATED. SHE NOTED THAT IT IS THEIR OFF SEASON, SOME PEOPLE ARE NOT EATING, AND FELT THAT IT IS ASKING TOO MUCH OF A DEPRIVED'PEOPLE TO COME UP WITH $4,000 BY AUGUST 31ST. CHAIRMAN WODTKE POINTED OUT THAT $50,000 HAS BEEN SPENT ON THIS PARK OVER THE LAST YEAR. HE EMPHASIZED THAT THE BOARD AGREED TO EXACTLY WHAT MR. LUNDY AND THE GROUP WHO WERE HERE AT THE LAST MEETING ASKED FOR AND NOTED THAT THIS NOW IS A TOTALLY DIFFERENT REQUEST. MRS. .JACKSON REQUESTED THAT HE ANSWER IT IN THAT LIGHT. COMMISSIONER SIEBERT EXPLAINED THAT THE STIPULATIONS WERE MADE BECAUSE IF THE MARL WAS PUT IN AND THE GRADE SET, AND THE MONEY 52 book' FAGr � WASNIT THERE FOR THE ASPRALT;' IT WOULD BE A TOTAL WASTE OF THE TAX- PAYER'S MONEY COMMISSIONER Loy POINTED OUT THAT WE HAVE NEVER BUILT TENNIS COURTS IN ANY PARK IN THE COUNTY, AND OUR CONCERN WAS THAT WE DIDN`T WANT THE WORK TO GO JUST SO FAR AND STOP. SHE NOTED THAT WE MUST GO BY THE SAME RULES WE HAVE GONE BY IN EVERY OTHER PROJECT. MRS. .JACKSON STATED THAT SHE CAN UNDERSTAND ABOUT THE ASPHALT, BUT ASKED IF THEY MUST HAVE THE FUNDS FOR THE FENCE AND THE NETS COM- MITTED AT THIS TIME IN ORDER TO GET THE CETA FUNDS. MR. BEGAN INFORMED THE BOARD THAT THE COST OF THE FENCE AND. THE NET WOULD ADD UP TO ABOUT THE MONEY THAT WOULD BE NEEDED TO COMPLETE THE PROJECT. HE FELT MRS. JACKSON IS ASKING IF IT IS POSSIBLE TO PRO- CEED AND LEAVE THE QUESTION OF THE FENCE AND NET A MOOT QUESTION UNTIL THEY SEE HOW MUCH THEY CAN COLLECT. COMMISSIONER SCHMUCKER NOTED THAT THE JOB HAS BEEN COSTED OLLT AND MR. LUNDY KNOWS WHAT IS INVOLVED. HE ALSO FELT THEY ARE SAYING THAT THEY CANNOT ABSOLUTELY GUARANTEE THAT THEY HAVE. THE ABILITY TO RAISE THE MONEY TO FENCE THE COURTS BY THE 20TH OF AUGUST, BUT FEEL THEY MAY BE ABLE TO RAISE THE FUNDS IF THEY CAN GET THE PROJECT GOING. COMMISSIONER LAY ASKED IF THE COUNTY DOES THE BASE WORK, IS THERE MONEY AVAILABLE TO ACTUALLY FINISH THE TENNIS COURT ON A PRO- F_ESSIONAL BASIS AND PUT -IN THE POSTS, ETC. COMMISSIONER SHCMUCKER BELIEVED THERE WAS, BUT NOT ENOUGH FOR THE FENCE. COMMISSIONER LOY FELT THE MOST IMPORTANT THING IS THAT THEY ARE READY TO PUT ON THE ASPHALT AS SOON AS THE MARL IS DOWN. ADMINISTRATOR JENNINGS READ.TO THOSE PRESENT THE MOTION FROM THE MINUTES OF .JULY 5, 1978, WHICH AUTHORIZED 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." HE POINTED.OUT TO MRS. .JACKSON THAT HE WAS ONLY AUTHORIZED TO PUT THE MARL UP THEREUPON THE ASSURANCE THAT THERE WERE SUFFICIENT FUNDS TO COMPLETE THE PROJECT. 53 H soot 316 Far 53 AUG 9-9 078 W a w RALPH LUNDY INFORMED THE BOARD THAT THEY ARE IN A POSITION TO COMPLETE THE TENNIS COURTS, -AND THEY WILL PROVIDE THE POSTS, BUT ARE ASKING THE BOARD TO PROVIDE THE FENCE.' HE STATED THEY HAVE THE MONEY TO FURNISH THE ASPHALT AND THE LIMEROCK TOMORROW, IF NECESSARY. HE FELT THIS PROJECT WOULD BE UNDER WAY IF THERE HAD BEEN A CLEARER UNDER— STANDING. ADMINISTRATOR JENNINGS REQUESTED THAT THE MINUTES SHOW EXACTLY WHAT THEY WISH THE ADMINISTRATOR TO DO. CHAIRMAN WODTKE STATED HE HAS NO PROBLEM AUTHORIZING THE ADMINISTRATOR TO ASSIST, IF THE CLEARING, PUTTING DOWN OF THE ASPHALT AND LAYING OF THE PAVEMENT ARE TOTALLY COORDINATED SO THE PROJECT CAN BE DONE IN THE RIGHT WAY. HE STATED THAT AS FAR AS THE COUNTY IS CON— CERNED, THERE IS NO COMMITMENT ABOUT THE FENCE$ AND IF THERE IS NO FENCE, THEN THERE IS NO FENCE, BUT WE WERE NOT GOING TO SUPPLY THE FILL AND GRADE IT IF THE LIMEROCK AND ASPHALT WERE NOT GOING TO BE PUT ON M IMMEDIATELY. COMMISSIONER CONCURRED THAT ALL WE WANT IS TO BE SURE THAT THE WORK -PROGRESSES AT THE SAME TIME AND IS COORDINATED AND EVERYTHING IS THERE THAT NEEDS TO BE. THE FENCE AROUND IT CAN COME LATER. MR. LUNDY STATED THAT THE ONLY THING THAT HE CAN SEE THAT WILL HOLD UP THE PROJECT IS IF IT IS DELAYED ANOTHER MONTH BECAUSE THEY HAVE TO SPEND THE CETA FUNDS WITHIN A CERTAIN PERIOD OF TIME OR TURN THEM BACK. COMMISSIONER SIEBERT NOTED THAT ADMINISTRATOR JENNINGS CAN PROCEED WITH HIS PART OF THE WORK PROVIDED MR. WEHR HAS EVERYTHING READY. MR. WEHR STATED THAT FIRST THEY HAVE TO MOVE SOME TREES. COMMISSIONER SIEBERT ASKED IF HE HAD ANY CONTRACTS, AND MR, WEHR STATED THAT HE HAS TALKED TO DICKERSON, INC. ADMINISTRATOR JENNINGS STATED THAT, AS HE SEES IT, THE COUNTY IS TO GO UP, FLAG OFF THE AREA, PUSH DOWN THE TREES, CLEAR THE GROUND, PUT IN THE FILL AND MARL, COMPACT IT, AND GRADE THE MARL READY TO RECEIVE THE LIMEROCK. HE NOTED THAT WHILE HIS DEPARTMENT IS DOING THIS, MR. LUNDY CAN STAY IN TOUCH AND SEE WHEN TO ORDER THE LIMEROCK. HE ASKED THE BOARD IF THIS IS CORRECT, AND THEY AGREED. 54 54 THE CHAIRMAN EXPRESSED CONCERN ABOUT KEEPING VEHICLES OFF THE ASPHALT AFTER IT IS POURED AND SUGGESTED THAT POSSIBLY SOME OF THE TREE STUMPS COULD BE PUT AROUND THE AREA TO PREVENT THIS. ADMINISTRATOR JENNINGS REPORTED THAT HE HAS DISCUSSED THE SECONDARY ROAD MAINTENANCE AGREEMENT, WHICH WAS APPROVED BY THE BOARD, WITH THE STAKE, AND THE DATE FOR TAKING OVER THE MAINTENANCE OF THE SECONDARY ROADS WILL BE OCTOBER 1ST. L ONIMOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED RETROACTIVE OUT -OF; --i COUNTY TRAVEL FOR THE ADMINISTRATOR TO TRAVEL TO ORLANDO FRIDAY, JULY 28, 1978, TO MEET WITH D.E.R. OFFICIALS IN REGARD TO THE SANITARY IANDFILL. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD.UNANIMOUSLY APPROVED RETROACTIVE OUT -OF -COUNTY TRAVEL FOR THE ADMINISTRATOR TO TRAVEL TO KISSIMMEE ON AUGUST 4, 1978, IN REGARD TO WATER AND WASTE WATER UTILITIES. ADMINISTRATOR JENNINGS DISCUSSED WITH THE BOARD THE DISPOSAL OF A 1949 CATERPILLAR GRADER AND STATED THAT*HE FELT IT WOULD BE WISER TO PUT IT OUT FOR BID -THAN TRY TO TRADE IT IN. HE POINTED OUT THAT THE BOARD COULD ALWAYS REJECT THE BIDS AND THEN TRADE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO ADVERTISE FOR BIDS ON THE 1949 CATERPILLAR GRADER. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAS HAD MANY COMPLAINTS ABOUT THE MAINTENANCE OF WILLOW STREET IN FELLSMERE AND HAS HAULED ABOUT IOO CUBIC YARDS OF MARL THERE, BUT THAT HE CANNOT DRAIN IT PROPERLY WITHOUT INSTALLING 40' of 15" CULVERT PIPE, WHICH WILL COST APPROXIMATELY $100.00. THE.ADMINISTRATOR STATED THAT HE IS OUT OF COUNTY FUNDS TO BUY THIS CULVERT AND INSTALL IT. HE NOTED THAT HE HAS NOT BEEN INSTRUCTED OR AUTHORIZED TO REPLACE CULVERTS IN THESE ROADS AND WISHED TO KNOW IF THAT IS PART OF THEPROGRAM OF MAINTAINING THESE ROADS. THE ADMINISTRATOR NOTED THAT THERE ARE OTHER CULVERTS THAT BADLY NEED TO BE TAKEN OUT AND COMPLETELY REPLACED. COMMISSIONER SCHMUCKER RECOMMENDED THAT SUCH REPLACEMENTS BE APPROVED ONE AT A TIME RATHER THAN MAKE IT A GENERAL POLICY. 55 AUG 0 9197 PACE 55 ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO PROCEED WLTH INSTALLATION OF 40' of 15" CULVERT PIPE ON WILLOW STREET IN FELLSMERE, ADMINISTRATOR JENNINGS NEXT DISCUSSED AUTHORIZING THE .JOINT VENTURE (SVERDRUP & PARCEL AND BEINDORF AND ASSOCIATES, INC.) TO PRO- VIDE ADDITIONAL SERVICES AS NEEDED TO PREPARE ALL REGULATORY AGENCIES PERMIT APPLICATIONS FOR PHASE II -B OF THE GIFFORD WATER SYSTEM. ON-110TION BY COMMISSIONER SIEBERT, SECONDED BY,COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE .JOINT VENTURE TO PROVIDE ADDITIONAL SERVICES RE PREPARING PERMIT APPLICATIONS AS SET OUT IN THE FOLLOWING LETTER. a BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairmen r WILLARD W. SIEBERT. JR. r EDWIN S. SCHMUCKER IR DON DEESON JACK G. JENNINGS, Administrator 2145 14th Avenue Vero Beach. Florida 32960 August 9, 1978 Mr. -James L. Beindorf Beindorf and Associates, Inc. Post Office Box 849 Vero Beach, Florida 32960 - Dear Mr. Beindorf: This letter is to confirm the authorization of the Indian River Board of County Commissioners at the regular meeting of Wednesday, August 9, 1978, authorizing the Joint Venture (Sverdrup & Parcel and Beindorf and Associates, Inc.) to provide "additional services" as needed to prepare all regulatory agencies permit applications including Department of Environmental Regulation, Florida East Coast Railroad, and Florida Depart- ment of Transportation for the Phase II -B, Gifford Area Water System Ex- tension project. The "additional services" authorization is in accordance with the Engineering Agreement, Modification Number One, dated October 5, 1977, Section D. Compensation shall be in accordance with the Engineering Agreement, Modification Number Three, executed on July 13, 1978. Sincerely, Jack G. Jennings '•' County Administrator 56 AUG 0 91979 Piet a a ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY INCREASED THE SALARY OF ASSISTANT ADMINISTRATOR NEIL NELSON TO $18,400, EFFECTIVE SEPTEMBER 1, 1978. COMMISSIONER LOY INFORMED THE BOARD THAT WE HAVE HAD A RE— QUEST FROM DR. FLOOD TO PAINT THE INTERIOR OF THE COUNTY HEALTH DE— PARTMENT. SHi NOTED THAT THIS WAS DISCUSSED BRIEFLY IN BUDGET SESSIONS, AND SINCE THIS HAS NOT BEEN DONE IN 12 YEARS AND THIS IS A COUNTY BUILDING, SHE'SUGGESTED THAT IT BE PAINTED BY A CONTRACTOR. THE BOARD AGREED THAT PROPOSALS SHOULD BE OBTAINED. ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO SECURE PROPOSALS FOR REPAINTING THE INTERIOR OF THE. COUNTY HEALTH DEPARTMENT. COMMISSIONER LOY NOTED THAT THE BOARD HAS RECEIVED A LETTER FROM THE CITY OF VERO BEACH INDICATING THAT THEY NO LONGER ARE GOING TO HAVE ANIMAL CONTROL. SHE SUGGESTED THAT THE BOARD SHOULD RESPOND IMMEDIATELY AND POINT OUT TO THEM THAT PERHAPS THEY SHOULD RECONSIDER OR GIVE US SOME IDEA OF THEIR FUTURE PLANS, ESPECIALLY IN VIEW OF THE FACT THAT WE HAVE NO AUTHORITY TO ENFORCE MUNICIPAL ORDINANCES. SHE CONTINUED THAT IF THEY HAVE ANY PLANS TO HAVE ANY TYPE OF ENFORCEMENT OF THEIR MUNICIPAL LAWS, THE BOARD WOULD APPRECIATE KNOWING WHAT KIND OF FINANCIAL ARRANGEMENTS THEY ARE GOING TO MAKE AS WE NEED TO KNOW BEFORE ADOPTING THE FINAL BUDGET. ATTORNEY BROWN AGREED THAT THE COUNTY DOES NOT HAVE.ANY AUTHORITY TO ENFORCE MUNICIPAL LAWS, BUT FELT POSSIBLY THE SITUATION SHOULD JUST BE LEFT ALONE UNTIL THEY SEE THAT THEY ARE MAKING'A DRASTIC ERROR. COMMISSIONER LOY FELT THE PEOPLE OF VERO BEACH SHOULD BE MADE AWARE THAT THE SITUATION WILL CAUSE SOME CHAOTIC PROBLEMS, SHE SUGGESTED THAT THE CHAIRMAN WRITE A LETTER TO THE CITY. CHAIRMAN WODTKE STATED THAT HE WILL WRITE. SUCH A LETTER STATING THAT WE HAVE BEEN ADVISED BY COUNSEL AND THE SHERIFF THAT OUR ANIMAL WARDEN IS A DEPUTY SHERIFF AND IS STRICTLY RESTRICTED TO EN— FORCEMENT OF STATE STATUTES IN•ANY MUNICIPAL LIMITS, AND IF THE CITY IS INTENDING THAT THERE IS TO BE ANY ENFORCEMENT OF ANY OF THEIR MUNICIPAL ORDINANCES, THESE ARE NOT ENFORCEABLE BY THE COUNTY AS WE ARE PRESENTLY CONSTITUTED. 57 AUG. ®�g 197 UfiK. 'JJ! PAGE 57 'COMMISSIONER Loy INFORMED THE BOARD THAT A LETTER WAS RE- CEIVED FROM THE TOWN OF INDIAN RIVER SHORES RELATIVE TO SEWER ALLOCA- TION, AND THE CHAIRMAN RESPONDED THAT WE DID.NOT HAVE ANY SPECIFIC ALLOCATION FOR THE TOWN OF INDIAN RIVER SHORES, WITH WHICH SHE CONCURS. SHE CONTINUED THAT A SECOND LETTER DATED .JULY LOTH HAS BEEN RECEIVED, WHICH IS BASO ON A PROPOSAL FROM THE CITY OF VERO BEACH THAT THEY WILL PROVIDE WASTEWATER TREATMENT FOR INDIAN RIVER SHORES IF THE COUNTY WILL GIVE THE.TOWN A 150,000 GALLON PER DAY SEWER ALLOCATION. THE CITY OF VERO BEACH CAN ONLY ALLOT 350,000 GALLONS PER DAY, AND 500,000 GALLONS PER DAY ARE NEEDED, DISCUSSION FOLLOWED, AND IT WAS FELT THIS COULD BE AGREED TO AS BEING IN THE BEST INTERESTS OF ALL INVOLVED IF IT WERE UNDERSTOOD ` THAT THE SMALL UNINCORPORATED AREA OF THE COUNTY JUST SOUTH OF THE TOWN OF INDIAN RIVER SHORES AND NORTH OF THE CITY LIMITS WERE TO BE INCLUDED IN THE SERVICE AREA. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO MAKE UP TO 150,000 GALLONS PER DAY SEWER ALLOCATION AVAILABLE TO THE TOWN OF INDIAN RIVER SHORES, SUBJECT TO OUR ATTORNEYS APPROVAL OF THEIR AGREEMENT WITH THE CITY OF VERO BEACH FOR SEWER SERVICE AND SUBJECT TO THE UNINCORPORATED AREA OF THE COUNTY LYING ADJACENT TO BOTH MUNICIPALITIES BEING INCLUDED FOR SEWER SERVICE. ADMINISTRATOR JENNINGS REPORTED THAT THE FIRM.OF GERAGHTY & MILLER, WHICH IS MAKING THE WATER STUDY IN THE HOBART PARK AREA, HAS THREE DRILL RIGS WORKING THERE NOW AND POSSIBLY CAN FINISH THE FIELD WORK BY THIS WEEKEND. INTERGOVERNMENTAL COORDINATOR THOMAS AGAIN BROUGHT UP THE MATTER OF CHANNEL MARKERS NEEDED AT THE OSLO RAMP. HE NOTED THIS HAD TO BE APPROVED BY THE UNITED STATES COAST GUARD NOT ONLY AS TO LOCATION, BUT ALSO AS TO MATERIAL. HE INFORMED THE BOARD THAT HE WENT OUT TODAY TO SOUND THE LOCATIONS WITH THE ONLY COMPANY HE COULD GET TO GIVE HIM A PROPOSAL, AND ALL 12 MARKERS HAVE TO GO THROUGH,2 TO 3 FEET OF ROCK, WHICH MAKES IT VERY EXPENSIVE WHEN YOU HAVE TO WORK OFF A BARGE. HE STATED THAT THE DAY MARINE CONSTRUCTION SERVICE SUBMITTED A PROPOSAL OF $5,142, OR ABOUT $500 A PILING, AND HE WOULD LIKE'TO GET AUTHORIZA- TION TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF (NATURAL RESOURCES 58 AUG 0 9197.9 Bogs 36 PAV 0 0 NOT TO EXCEED $6,142. MR. THOMAS POINTED OUT THAT IF WE GET MORE PROPOSALS AND SHOULD HAVE A SURPLUS, WE CAN SEND IT BACK, BUT IN THE MEANTIME, HE WILL CONTINUE TO RESEARCH BEFORE THIS IS PUT OUT FOR BID. AGAIN. COORDINATOR THOMAS NOTED THAT THE RAMP WAS APPROVED SUBJECT TO THESE MARKERS BEING INSTALLED. ON -MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD. UNANIMOUSLY AUTHORIZED THE INTERGOVERNMENTAL COORDI- NATOR TO SUBMFT AN -APPLICATION TO THE DEPARTMENT OF NATURAL RESOURCES FOR FUNDS NOT TO EXCEED $6,142.00 FROM THE FLORIDA BOATING IMPROVEMENT PROGRAM. COMMISSIONER SCHMUCKER REPORTED THAT A COMMUNITY DEVELOPMENT .BLOCK GRANT ADVISORY •COMMITTEE MEETING WAS HELD MONDAY NIGHT, AND THEY HAVE ABOUT $170,000 TO SPEND ON THE ROAD PROGRAM AND ONLY ABOUT THREE MONTHS IN WHICH TO DO IT. HE FELT THIS WILL TAKE AN ALL OUT EFFORT OF THE ROAD AND BRIDGE DEPARTMENT, BUT FELT WE COULD FILE FOR AN EX- .. TENSION IF IT BECOMES NECESSARY. HE NOTED THAT THE ROAD PROGRAM WAS APPROVED WELL OVER AND ABOVE THIS EXPENDITURE BACK IN APRIL. ADMINISTRATOR JENNINGS DID NOT FEEL IT WILL BE NECESSARY TO APPLY FOR AN•EXTENSION IN ORDER TO SPEND THE $170,000 ON ROADS IN THE THREE MONTHS TIME. HE NOTED THAT THE ONLY PROBLEM IS THAT THE APPROVED LIST HAS ROADS ON IT THAT WOULD REQUIRE MOVING OF UTILITIES, ACQUIRING ADDITIONAL RIGHTS-OF-WAY, ETC. HE CONTINUED THAT IN ORDER TO GET THIS ACCOMPLISHED IN•A HURRY WITH NO EXTENSION, IT IS JUST A MATTER OF PICK- ING OUT THE ROADS WHERE YOU HAVE SUBDIVISIONS AND EXISTING DEDICATED RIGHTS-OF-WAY, WHICH MAY NECESSITATE SKIPPING OVER SOME PRIORITIES. HE STATED THAT THE ROAD THAT HAS THE.DRAINAGE PROBLEM COULDN'T BE WORKED OUT IN TIME. COMMISSIONER SCHMUCKER FELT HE WOULD LIKE TO HAVE THE ADMINISTRATOR PROCEED WITH THE ONES THAT ARE FEASIBLE, BUT COMMISSIONER LOY-POINTED OUT THAT THE COMMITTEE DID SET SOME PRIORITIES. COMMISSIONER SCHMUCKER SUGGESTED TELLING THE ADMINISTRATOR TO PROCEED WITH ANY ROADS ON THE APPROVED LIST THAT HAVE THE NECESSARY RIGHTS-OF-WAY AND THEN GO BACK TO THE ADVISORY COMMITTEE TO SEE IF 59 THERE ARE ANY ROADS TO BE DONE THAT ARE'NOT ON THE LIST. HE STATED THAT HE WILL TAKE THIS UP WITH THE COMMITTEE AT THE NEXT MEETING, BUT WOULD LIKE THE ADMINISTRATOR TO GET STARTED IN THE MEANTIME. HE FURTHER SUGGESTED THAT THE ADMINISTRATOR AND MR. REGAN COMPILE A LIST OF THE ROADS THAT CAN BE DONE SO HE CAN SEND IT OUT TO THE COMMITTEE MEMBERS, AND IF THERE ARR ANY OBJECTIONS, HE WILL CALL A SPECIAL MEETING. THE BOARD AGREED. y COMMISSIONER SCHMUCKER NOTED THAT THE ADVISORY COMMITTEE WISHES TO BE UPDATED ON THE HOUSING SITUATION, BUT COMMISSIONER SIEBERT STATED THAT DUE TO BUDGET SESSIONS AND THE PROPERTY APPRAISAL ADJUSTMENT BOARD MEETINGS, THIS COULD NOT BE DONE BEFORE THE NEXT THREE WEEKS OR SO. CHAIRMAN WODTKE DISCUSSED APPOINTMENTS TO BE MADE TO THE ECONOMIC OPPORTUNITIES COUNCIL AND NOTED THAT THERE ARE FOUR VACANCIES TO BE FILLED. THE CHAIRMAN STATED THAT HE HAS RECEIVED A LETTER FROM NOEL WHEATON, RESOURCE DEVELOPER, OF THE FARMWORKERS COUNCIL, EXPRESS- ING AN INTEREST TO SIT ON THE E.O.C. BOARD AND THAT HE ALSO HAS RE- CEIVED SOME RECOMMENDATIONS FROM .JAMES VASS, EXECUTIVE DIRECTOR OF THE ECONOMIC OPPORTUNITIES COUNCIL. HE FELT WE NEED TO HAVE SOME REPRE- SENTATIVES ON THE E.O.C. THAT ARE REPRESENTATIVES OF THE PUBLIC AND NOT NECESSARILY A PAID STAFF MEMBER OF.ANOTHER FEDERALLY FUNDED PROGRAM. COMMISSIONER Loy COMMENTED THAT HAVING PEOPLE FROM -DIFFERENT ORGANIZATIONS MIGHT HELP CUT DOWN ON DUPLICATION OF PROGRAMS. AFTER FURTHER DISCUSSION, IT WAS AGREED THAT THE CHAIRMAN WILL WRITE THE SCHOOL BOARD ASKING THEM TO CONSIDER MAKING ONE OR TWO APPOINTMENTS TO THE E.O.C. BOARD OF DIRECTORS, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO PREPARE A RESOLUTION HONORING .JACK DOWNS FOR HIS SERVICE ON THE E.O.C. BOARD OF DIRECTORS AS THE COUNTY'S REPRESENTATIVE. THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND NOS. 58723 - 58891 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 60 wx 36141V 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 4:50 O'CLOCK P.M. i• ATTEST: Z • ,l , CLERK/ CHAIRMAN r 6 ' 61 AUG fil 91978 �fJ(iN J-0.PAGF 61