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HomeMy WebLinkAbout8/23/1978WEDNESDAY, AUGUST 23, 1978 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT"THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, AUGUST 23, 1978, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, .JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLARD W. SIEBERT, .JR.; EDWIN S. SCHMUCKER; AND R. DON DEESON. ALSO PRESENT WERE .JACK G. JENNINGS, COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS, .JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; .JEFFREY K. BARTON, FINANCE OFFICER; AND VIRGINIA HARGREAVES, DEPUTY CLERK, THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER SCHMUCKER LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND BERT SAUNDERS OF THE FIRST PRESBYTERIAN CHURCH GAVE THE INVOCATION. COMMISSIONER LOY REQUESTED THAT FOUR BUDGET AMENDMENTS IN REGARD TO THE COUNTY EXTENSION SERVICE, THE ANTI -RECESSION FUND AUDIT, THE FEDERAL REVENUE SHARING AUDIT, AND THE RECREATION DEPARTMENT, BE ADDED TO THE CLERK'S AGENDA. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADDED THE ABOVE FOUR ITEMS TO THE CLERKS AGENDA AS REQUESTED BY COMMISSIONER Loy. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM OF THE FOLLOWING: ANTHONY E. D'ANGELO, COL. USA RETD. WALLACE CARTER J. HUNTER SMI.TH, M.D. MARGARET MADSEN ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER ,DEESON, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PROVIDE ADDITIONAL FUNDS FOR THE BOARD OF COUNTY COMMISSIONER's MISCELLANEOUS SUPPLIES ACCOUNT FOR THE BALANCE OF THE FISCAL YEAR, AS FOLLOWS: �CCOUNT TITLE COUNT No. INCREASE DECREASE MISC. SUPPLIES & EXPENSE 01-2101-204 250.00 RESERVE FOR CONTINGENCIES 01-9990-701 250.00 AUG 3 1978 BOOK J PAGE D3 ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PROVIDE MONIES NEEDED BY VARIOUS DEPARTMENTS TO FUND THE BALANCE OF THE FISCAL YEAR AS FOLLOWS: ACCOUNT TITLE ACCOUNT No. INCREASE DECREASE BOARD OF COUNTY COMM. INSURANCE 01-2101-106.00 222.00 COUNTY ADMINISTRATOR INSURANCE 01-2104-106.00 33.00 COURTHOUSE & ANNEX INSURANCE 01-2670-106.00 33.00 BUILDING & ZONING INSURANCE .01-3440-106.00 345.00 RESERVE FOR CONTINGENCIES 01-9990-701.00 633.00 ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PAY FOR THE XEROX MACHINE IN THE COUNTY .JUDGE'S OFFICE -FOR THE"BALANCE OF THE FISCAL YEAR, AS FOLLOWS: ACCOUNT TITLE ACCOUNT No.C E SDECREASE RENT - Em IP�iENT 03-2324-331.10 280.00 COMMISSION & FEES 03-2324-334 280.00 ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PAY FOR - THE TELEPHONE ACCOUNT FOR THE COUNTY EXTENSION SERVICE FOR THE BALANCE OF THE FISCAL YEAR, AS FOLLOWS: ACCOUNT TITLE ACCOUNT No, JNCREASE.DECREASE. COMMUNICATIONS 01-6302-235.00 200.00 RESERVE FOR CONTINGENCIES 01-9990-701.00 200.00 ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY -APPROVED A BUDGET AMENDMENT TO PAY FOR THE AUDIT OF THE ANTI -RECESSION FUND BY W. 0. DALEY & CO., AS AccQuNT TITLE ACCOUNT PJO. C SE E R PROFESSIONAL SERVICES 64-2101-341.01 750.00 RESERVE FOR CONTINGENCIES 64-9990-701.00 750.00 2 i9 `� ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PAY FOR THE AUDIT OF THE FEDERAL REVENUE SHARING FUND BY W.O. DALEY & CO., AS FOLLOWS: ACCOUNT TITLE ACCOUNT NO, INCREASE DECREASE. PROFESSIONAL SERVICE 62-2101-341.01 2,370.00 RES. FOR CONTINGENCIES 62-9990-701.00 2,370.00 ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PROVIDE THE $900.00 APPROVED FOR MATERIALS TO BE USED AT THE PARK IN•GIFFORD, AS FOLLOWS: ACCOUNT TITLE A(COUNT NO, INCREASE DECREASE EQUIPMENT .62-6101-402.99 900.00 RES. FOR CONTENGENCIES 62-9990-701.00 900.00 ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR PETE SPYKE, AGRICULTURAL AGENT, AS FOLLOWS: AUGUST 28 GAINESVILLE PESTICIDE TRAINER'S WORKSHOP SEPT. 6-7 LAKE ALFRED YOUNG TREE DECLINE CONFERNCE AT EDUCATION KE ALFRED RESEARCH AND �ENTER R ON LOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED RETRO -ACTIVE APPROVAL OF ADMISSION OF EDWARD BROWN TO A.G. HOLLEY STATE HOSPITAL. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLL CORRECTION, CIRCUIT COURT, SPRING TERM 1978, IN THE TOTAL AMOUNT OF $12.00. THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON -FILE IN THE OFFICE OF THE CLERK: PORT OF ONVICTIONS, CIRCUIT COURT, Ju Y 1978 NANCIAL MINANCIAL EPORT, COUNTY COURT, TrRAFFIC VIOLATION BUREAU, JUNE, ���� REPORT, OUNTY COURT, R/�FFIC QLATION BUREAU, ULY, �tS TRAFFIC VIOLATION FINES BY NAME - JULY I PLANNING DIRECTOR STAN REDICK CAME BEFORE THE BOARD TO MAKE PRESENTATIONS RE TENTATIVE APPROVAL OF VARIOUS SUBDIVISIONS AND INFORMED THE BOARD THAT HE AND ADMINISTRATOR JENNINGS HAVE WORKED OUT A SYSTEM WHERE PRELIMINARY PLATS ARE REVIEWED BY THE PLANNING 3 AUS 231978 6Tj DEPARTMENT AND THEN GO TO THE SUBDIVISION REVIEW COMMITTEE SO THAT WHEN A PLAT COMES TO THE BOARD, IT WILL EITHER BE COMPLETE, OR HE WILL KNOW WHERE IT DOES NOT MEET THE REQUIREMENTS OF THE SUBDIVISION REVIEW COMMITTEE., THE FIRST TENTATIVE APPROVAL REQUESTED WAS FOR TRACT FOUR SUBDIVISION. MR. REDICK STATED THAT SOME QUESTION HAS ARISEN WITH REGARD TO THE OWNERSHIP OF THIS SUBDIVISION, AND HE ASKED THAT IT BE REMOVED FROM THE AGENDA. ATTORNEY COLLINS CONCURRED AND STATED THAT APPARENTLY IN THIS PARTICULAR MATTER, THERE IS A QUESTION BETWEEN THE OWNERS THEMSELVES. HE DID NOT FEEL THE BOARD SHOULD BECOME INVOLVED UNTIL THIS HAS BEEN CLEARED UP. PLANNING DIRECTOR REDICK NEXT TOOK UP TENTATIVE APPROVAL OF WHITE SURF SUBDIVISION, OWNED BY .JAY LESHAW, HE INFORMED THE BOARD THAT THIS IS A SMALL THREE -LOT SUBDIVISION LOCATED SOUTH OF ROUND ISLAND PARK ON THE EAST SIDE OF STATE ROAD AIA, AND IT WAS REZONED A FEW MONTHS AGO. MR. REDICK STATED THAT THIS SUBDIVISION DOES MEET THE STANDARDS OF THE ZONING ORDINANCE IN ALL RESPECTS; HAS MADE ALL THE CHANGES REQUIRED BY THE SUBDIVISION REVIEW COMMITTEE; AND HE WOULD RECOMMEND ITS APPROVAL. COMMISSIONER SIEBERT NOTED THAT THE PLAT STATES "PUBLIC" WATER SUPPLY. DANA HOWARD, AGENT FOR MR. LESHAW, EXPLAINED THAT IT IS A REVERSE OSMOSIS SYSTEM AND ACTUALLY WILL BE PRIVATELY OWNED, BUT WILL BE OWNED JOINTLY BY THE THREE LOT OWNERS, ATTORNEY COLLINS FELT THE PLAT SHOULD NOT STATE "PUBLIC" WATER SUPPLY AND THAT THE WORD "PRIVATE" SHOULD APPEAR ON THE PLAT. DANA HOWARD AGREED THAT THIS COULD BE DONE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO WHITE SURF SUBDIVISION SUBJECT TO CHANGING THE WORD "PUBLIC" WATER SUPPLY TO `PRIVATE," PLANNING DIRECTOR REDICK INFORMED THE BOARD THAT CARLSWARD SUBDIVISION, WHICH IS LOCATED NORTH OF SOUTH GIFFORD ROAD AND EAST OF RANGE LINE ROAD, HAS BEEN REVIEWED BY THE SUBDIVISION REVIEW COMMITTEE AND RECOMMENDED FOR -APPROVAL THE BOARD DISCUSSED POSSIBLE FUTURE PLANS FOR DEVELOPMENT OF A WATER RESERVOIR IN THIS AREA, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF CARLSWARD SUBDIVISION, PLANNING DIRECTOR REDICK NEXT INFORMED THE BOARD THAT A NUMBER OF CHANGES WERE MADE ON THE PLAT OF CASTAWAY COVE SUBDIVISION, UNIT #2, AND STORM DRAINAGE, LOT DIMENSIONS, AND PLANTING EASEMENTS, ARE NOW SHOWN, HE NOTED THAT THIS IS A PRIVATE ROAD SUBDIVISION; ALL THE TECHNICAL REQUIREMENTS OF THE SUBDIVISION REVIEW COMMITTEE HAVE BEEN MET; AND IT IS RECOMMENDED FOR APPROVAL, ROBERT LLOYD, AGENT FOR IDLEWYLD CORPORATION, DEVELOPER OF THIS SUBDIVISION, NOTED THAT THIS PLAT IS PART OF AN OVERALL DEVELOPMENT PLANT, ORIGINALLY KNOWN AS DUNES OF DEAUVILLE, ADMINISTRATOR .JENNINGS CONCURRED AND STATED THAT THE OVERALL PLAN WAS APPROVED SOME TIME AGO, COMMISSIONER DEESON ASKED ABOUT THE 60` R/W FOR THE ENTRANCE, AND IT WAS DETERMINED THAT THIS WAS COMPLIED WITH, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO CASTAWAY COVE, UNIT #2, PLANNING DIRECTOR REDICK THEN DISCUSSED TREASURE COAST DEVELOPMENT CORP, SUBDIVISION, WHICH IS LOCATED EAST OF SOUTH STATE ROAD AIA BETWEEN PORPOISE POINT SUBDIVISION AND FLORALTON BEACH, HE INFORMED THE BOARD THAT THERE WAS A SLIGHT REDESIGN OF THE SERVICE ROAD AND SOME LOTS AND SOME AGREEMENTS AS TO THE MEANDERING OF THE PAVEMENT WITHIN THE RIGHT-OF-WAY ON THE SHARP CURVE ON REEF ROAD, MR, REDICK CONTINUED THAT THERE WAS ALSO AN AGREEMENT BETWEEN THE OWNER AND THE ADMINISTRATOR IN REGARD TO A SPLITTING OF COSTS IN REPAVING THE ROAD FROM SEA GRAPE DRIVE TO REEF ROAD, E a) P"'P'F , k. ADMINISTRATOR JENNINGS STATED THAT THIS PORTION OF THE ROAD IS READY TO BE RESURFACED IN ANY EVENT AND IS ONE OF THE ROADS THE COUNTY ALREADY MAINTAINS. MR. LLOYD, AGENT FOR TREASURE COAST DEVELOPMENT CORPORATION, NOTED THAT BECAUSE OF THE MORATORIUM ON SEWER FRANCHISES, THE SUBDIVISION WAS PLATTED INTO 1/2 ACRE LOTS, BUT STATED THAT AS SOON AS THE MORATORIUM IS LIFTED, THEY INTEND TO PUT IN SEWERS. IN DISCUSSION, IT WAS NOTED THAT THE PLAT STATES THE SEWAGE WILL BE PROVIDED BY THE CITY OF VERO BEACH. MR. LLOYD INFORMED THE BOARD THAT IS INCORRECT, AND THAT THEY HAVE MADE ARRANGEMENTS TO TIE INTO THE MOORINGS SEWAGE SYSTEM. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, TO GRANT TENTATIVE APPROVAL OF TREASURE COAST DEVELOPMENT CORPORATION SUBDIVISION, SUBJECT TO CORRECTING THE PLAT TO STATE THAT SEWAGE COLLECTION WILL BE PROVIDED BY PRIVATE FACILITIES. CHAIRMAN WODTKE DISCUSSED POSSIBLE LATER REPLATTING OF THIS SUBDIVISION, AND MR. LLOYD POINTED OUT THAT BECAUSE OF THE MORATORIUM THE ONLY WAY THEY CAN SUBDIVIDE RIGHT NOW AND COMPLY IS WITH 1/2 ACRE LOTS. HE STATED THAT WHEN THEY CAN PROVIDE WATER AND SEWER, THEY PROBABLY WILL REPLAT INTO SMALLER LOTS.. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. MR. LLOYD ASKED IF CERTIFICATES OF �1EPOSIT WOULD BE ACCEPTABLE INSTEAD OF A CASH BOND, AND ATTORNEY COLLINS STATED THEY WOULD BE IF THEY WERE IRREVOCABLY COMMITTED TO THE COUNTY. TENTATIVE APPROVAL OF ORANGE TERRACE SUBDIVISION WAS NEXT BROUGHT UP. COMMISSIONER SCHMUCKER FILED THE FOLLOWING AFFIDAVIT IN REGARD TO A CONFLICT OF INTEREST WITH THE CLERK OF THE CIRCUIT COURT AND LEFT THE MEETING AT 9:05 O'CLOCK A.M. AUG 2 3 1973 A F F I D A V I T STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, the undersigned authority, personally appeared EDWIN S. SCHNAJCIQ':R, of 610 Wall Street, Vero Beach, Florida, who says: 1. This affidavit is given pursuant to Florida Statues Chapter 112.313 which provides standards of conduct for officers and employees of state agencies, counties, cities and other political subdivision, legislators and legislative employees. 2. That I am a duly elected County Commissioner of Indian River County, Florida, and that in addition to my duties as County Commissioner, I am a licensed professional engineer in Florida and engage in private practice as a consulting engineer. 3. That I am the President of TOTAL DEVELOPMENT, INC., a Florida Corporation in good standing which corporation has represented the Client , Mr. Frank Zorc on a minor item of a subdivision plat on 6th Ave. 4. The decision will be referred to the Board of County Commissioners on 8/23/78 for their action at which time the affiant proposes to abstain from voting tecause of the above conflict of interest. Sworn to and subscribed before me this 3 `` day of 197 d epi JJ4�. ,Z".' > . 4a EDWIN S. SCHMUCKER NOTARY PUB ; STATE OF FLORIi& AT LARGE Vy Commission Expires: t40TARY PUBLIC ST -NTE O= FLORIDA Al LARGE MY CCt: IAISSION EXPIRES JULY 8 191B2 GONDED THRU GEWR1L INS. UNDERWRITERS 00-0 F�. u PLANNING DIRECTOR REDICK STATED THAT ORANGE TERRACE SUBDIVISION IS LOCATED ON THE SOUTHEAST CORNER OF 6TH AVENUE AND 14TH STREET AND CONTAINS APPROXIMATELY NINE ACRES WHICH THE OWNER PROPOSES TO SUBDIVIDE INTO 12 -LOTS. HE CONTINUED THAT A NUMBER OF CHANGES WERE MADE IN THE PLAT AND IT NOW MEETS THE REQUIREMENTS OF THE ORDINANCE IN FULL. THE TECHNICAL REVIEW COMMITTEE IS SATISFIED WITH THE CHANGES THAT HAVE BEEN MADE AND RECOMMENDS APPROVAL OF THE SUBDIVISION. FRANK ZORC, AGENT FOR ORANGE TERRACE SUBDIVISION, DISCUSSED DEDICATION OF RIGHTS-OF-WAY ON THE NORTH AND SOUTH OF THE SUBDIVISION AND ASKED IF IT WOULD BE ALL RIGHT TO DEDICATE THE RIGHT-OF-WAY ONLY ON ONE SIDE AS IT IS POSSIBLE THESE ROADS MAY NEVER GO IN. MR. REDICK NOTED THERE IS CURRENTLY A HALF STREET ON THE SOUTH AND JUST A DITCH EXTENDING IT TO SIXTH AVENUE. THE HALF STREET ON THE NORTH GOES INTO 14TH STREET AND DOES GO ALL THE WAY BACK INTO THE AREA THAT IT IS ANTICIPATED WILL DEVELOP SOMETIME IN THE FUTURE, WHICH IS WHY THEY FELT THE ROAD.SHOULD BE DEDICATED. MR. 'ZORC STATED THAT HE WAS TOLD A 50' RIGHT-OF-WAY WAS ACCEPTABLE FOR A COUNTY ROAD AND ASKED IF THE PLAT COULD BE AMENDED TO SHOW 50' INSTEAD OF 60'. ADMINISTRATOR JENNINGS CONCURRED WITH CHANGING THE RIGHT- OF-WAY FROM 60' TO 50', BUT STATED HE FIRMLY BELIEVED THAT THE RIGHTS-OF-WAY ON BOTH THE NORTH AND SOUTH OF THE SUBDIVISION SHOULD BE CONTINUED. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy, COMMISSIONER SCHMUCKER ABSTAINED, THE BOARD GRANTED TENTATIVE APPROVAL TO ORANGE TERRACE SUBDIVISION, AND AGREED THAT THE 60' RIGHT-OF-WAY ON THE ENTRANCE ROAD BE CHANGED TO 50'; ALL ROAD RIGHTS-OF-WAY AND UTILITIES TO BE AS LOCATED ON THE TENTATIVE PLAT, COMMISSIONER SCHMUCKER RETURNED TO THE MEETING AT 9:15 O`CLOCK A.M. ROBERT LLOYD, ENGINEER, NEXT APPEARED BEFORE THE BOARD IN REGARD TO VACATION OF PART OF A DIRT ROAD IN GOVERNMENT LOT 2 IN THE VICINITY OF .JUNGLE TRAIL. HE STATED THAT HIS CLIENT, Cy LAPLANT, H AUG 23 1978 WISHES THIS VACATED SO IT DOESNIT SPLIT HIS TRACT IN HALF, HE CONTINUED THAT THERE ARE NO HOMES LOCATED THERE NOW; THIS IS UNDER ONE OWNERSHIP; AND THEY INTEND TO MAKE A COMPARABLE ROAD, HE POINTED OUT THAT THIS WOULD RESULT IN A BETTER INTERSECTION ON STATE ROAD Alk AND ADMINISTRATOR .JENNINGS CONCURRED, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED ADVERTISEMENT OF A PUBLIC HEARING IN REGARD TO VACATION OF PART OF A DIRT ROAD IN GOVERNMENT LOT 2, SECTION 3, TOWNSHIP 31 SOUTH, RANGE 39 EAST, AS REQUESTED BY ROBERT LLOYD, EDWIN WARD APPEARED REPRESENTING PAULINE WILKERSON IN REGARD TO OBTAINING A SPECIAL EXCEPTION ON HER PROPERTY, WHICH IS LOT.47, SECTION 22, FLEMING GRANT, IN ROSELAND, MR, WARD STATED THAT MRS, WILKERSON HAS NO ACCESS ON THE RIVER OR TO ANY PAVED ROAD, BUT THERE IS AN APPROXIMATELY 20' WIDE SHELL RIGHT-OF-WAY WHICH SERVES THIS LOT AND SEVERAL OTHERS AND HAS BEEN IN USE FOR SEVENTY YEARS, HE NOTED THAT THIS IS THE ONLY ACCESS AVAILABLE, AND THERE I,S NO POSSIBILITY OF PUTTING A PAVED ROAD INTO THIS PROPERTY, MR, WARD CONTINUED THAT MRS, !lILKERSON HAS OWNED THIS PROPERTY'SINCE LONG BEFORE 1973, AS EVIDENCED BY THE DEED MADE OUT TO PAULINE SWEIGERT, HER MAIDEN NAME, AND SHE WISHES TO BE ABLE TO OBTAIN A BUILDING PERMIT TO PUT ONE RESIDENCE ON THIS ACREAGE, MR, WARD STATED THAT MRS, WILKERSON IS IN CALIFORNIA, AND HE DID NOT KNOW WHETHER SHE INTENDS TO BUILD HERSELF, ZONING DIRECTOR DEWEY WALKER INFORMED THE BOARD THAT THIS IS A ROUTINE SPECIAL EXCEPTION, AND EVERYTHING IS IN ORDER, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED A SPECIAL EXCEPTION TO PAULINE S. WILKERSON. DEWEY WALKER, ZONING DIRECTOR, DISCUSSED WITH THE BOARD A REQUEST BY EARL MCGRIFF FOR RELEASE OF SIDE LOT LINE EASEMENTS IN OSLO PARK, HE NOTED THAT THESE LOTS HAVE 2-1%2` SIDE LOT LINE EASEMENTS AND 5' REAR LOT LINE EASEMENTS, BUT THEY ARE REQUESTING RELEASE OF THE SIDE LOT LINE EASEMENTS ONLY, AUG 2 3.1978 w Rt a c pz� 71 ADMINISTRATOR KENNINGS CONFIRMED THAT THE 5' DRAINAGE UTILITY EASEMENTS ON THE REAR OF ALL THE LOTS ARE NOT TO BE RELEASED. ATTORNEY COLLINS QUESTIONED THE WORDING PROPOSED IN THE RELEASE WHICH REFERS TO THE EASEMENTS RUNNING "ALONG THE LOTS. HE FELT THIS SHOULD BE "BETWEEN," AND FURTHER NOTED THAT THERE WOULD BE NO RELEASE OF THE SIDE LOT EASEMENTS ON THE NORTH ENDS OF LOTS 12 AND 13 OR THE SOUTH ENDS OF LOTS 7 AND 16. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION NO. 78-54 APPROV- ING RELEASE OF EASEMENTS IN BLOCK H, OSLO PARK AS REQUESTED BY EARL MCGRIFF AND AUTHORIZED THE CHAIRMAN'S SIGNATURE TO THE DOCUMENTS, WHICH ARE TO BE PREPARED AT THE EXPENSE OF THE APPLICANT. THE EASE- MENTS WHICH ARE TO BE RELEASED.IN BLOCK H, OSLO PARK, ARE AS FOLLOWS: THE NORTH SIDE LOT LINE OF LOT 7; THE SOUTH AND NORTH SIDE LOT LINES OF LOT H; THE SOUTH AND NORTH SIDE LOT LINES OF LOT 9; THE SOUTH AND NORTH SIDE LOT LINES OF LOT 10; THE SOUTH AND NORTH SIDE LOT LINES OF LOT 11; THE SOUTH SIDE LOT LINE OF LOT 1Z; THE SOUTH SIDE LOT LINE OF LOT 13; THE NORTH AND SOUTH LOT LINES OF LOT 14; THE NORTH AND SOUTH SIDE LOT LINES OF LOT 15; AND. THE NORTH SIDE LOT LINE OF LOT 16. ZONING DIRECTOR WALKER DISCUSSED THE RELEASE OF SIDE LOT LINE EASEMENTS REQUESTED BY WILLIAM DEAUGUSTINIS IN GRANADA GARDENS, AND SOME QUESTION AROSE,AS TO THE OWNERSHIP OF LOT 3. •ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY TABLED CONSIDERATION OF THE REQUEST FOR RELEASE OF EASEMENTS MADE BY WILLIAM DEAUGUSTINIS UNTIL THE NEXT MEETING SO THAT CORRECT OWNERSHIP MAY BE DETERMINED. REVEREND DON BROWN PRESENTED TO THE BOARD A LETTER FROM J RALPH LUNDY, PRESIDENT OF THE GIFFORD PROGRESSIVE CIVIC LEAGUE IN REGARD TO A SITE FOR DUMPSTERS IN THE GIFFORD AREA, AS FOLLOWS: AUG 2 31978 10 $� au 'w 72 THE GIFFORD PROGRESSIVE CIVIC LEAGUE 24.20 45th Street Vero Beach, Florida 32960 August 20,1978 To: The Board of County Commissioners Indian River County RE: Dumpster for The Gifford Area Dear Commissioners: After making a careful study on a possible site for two or more dumpsters to be stationed in the Gifford area, we are making the fol- lowing recommendation: The Gifford Progressive Civic League is appealing to the county officials to designate a small portion of the old county dump former - located on South Gifford Road as the site for a dumping station. By stationing the dumpsters in this area, on county property on or near the old dump would adequately serve all of the Gifford area without creating other problems. We will appreciate you approving this request at your August 23 meeting. Gratef , J. Ralph Lundy League President ADMINISTRATOR .JENNINGS STATED THIS LOCATION IS THE SITE THAT WAS DESIGNATED FOR THIS PURPOSE, AND THE CHAIRMAN AGREED THAT IT IS THE SITE WE HAD HOPED WOULD BE ACCEPTABLE. DALE WEHR REPORTED -THAT THEY ARE MOVING ALONG RAPIDLY ON THE TENNIS COURTS AT THE GIFFORD PARK AND ARE RECEIVING FULL COOPERATION FROM THE COUNTY, HE STATED THAT THEY WILL BE READY FOR THE LIMEROCK IN THE NEXT DAY OR SO, AND GROUPS ARE PREPARING FOR FUND RAISING ACTIVITIES, MR. i'JEHR NOTED THAT AT THE PREVIOUS MEETING CHAIRMAN WODTKE HAD SUGGESTED PLACING TREE TRUNKS AROUND THE PERIMETER OF THE TENNIS COURT AREA TO KEEP VEHICLES OFF, BUT THEY DO NOT HAVE 11 7mm", I P:. Ts ENOUGH TREES AND WOULD LIKE TO BORROW A CHAIN SAW FROM THE COUNTY TO CUT DOWN MORE TREES TO BLOCK OFF THE AREA, ADMINISTRATOR JENNINGS POINTED OUT THAT OUR INSURANCE DOES NOT COVER LENDING EQUIPMENT OUT, THE ADMINISTRATOR STATED THAT IF MR, WEHR WOULD FLAG THE TREES, AND THE BOARD APPROVES, HE WOULD ARRANGE FOR THE WORK TO BE DONE BY THE ROAD AND BRIDGE DEPARTMENT, THE BOARD AGREED THAT THE ROAD AND BRIDGE DEPARTMENT SHOULD COOPERATE WITH MR, WEHR ON THIS MATTER, THE HOUR OF 10:00 O'CLOCK A.M. HAVING PASSED THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO WIT: pug v Cd J.isM, l•." _. re ^f '`..4 &- a°... _.. r.... n:_.i..,...: .d,.. q4 y. — xlr y a s•� a. *.. ,�,•Agifg:. .. ,.. .. ,..4 -• s VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA r f Before the undersigned authority pefsonally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the matter of N--\. t1 in the Court, was pub - fished in said newspaper In the issues of QLLL, 2"my Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tiserr.ent; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Swom tp�znd subscribed before me this y f A.D_ 12 79 ' (B ine Manager} AiL (SEAQ ve Co (Clerk of the Circuit Court, Indian R unty, Florida) NOTICE OF PROCEEDINGS FOR THE ABANDONING, DISCONTINUING, ' - AND CLOSING OF RIGHT-OF-WAY _.. TO AND IT MAY CONCERN: YOU WILL PLEASE TAKE NOTICE that the Board of County Commissioners of Indian River County, Florida, at 10:00 o'clock a.m. on the 23rd day of August, 1978, in the County Commissioners' Meeting Room at the County Courthouse in Vero Beach, Florida, will hold a i Public Hearing to consider and determine whether or not the County will vacate, aban• don, discontinue, close, renounce and disclaim any right of the County and the public in and to the following right-of-way running through the t following described property, to wit: ' All that portion of Pecan Road situate in the South 1/2 of Section 9, Township 32 South, . Range 39 East, or in the North In of Section 16, Township 32 South, Range 39 East, iying and being East of a point that is 60 feet East of the Westerly boundary of Tract 21 in the South 'A of Section 9, Township 32 South, Range 39 East, and West of the Westerly Right of Way of Lateral "G" Canal. PERSONS INTERESTED MAY APPEAR AND BE HEARD AT THE TIME AND PLACE I ABOVE SPECIFIED. Board of County Commissioners Of Indian River County, Florida By: -s -William C. Wodtke Jr. July 26,1978. 104 0513PAG�691 12 s UG 231978 t. JAMES BEINDORF, ENGINEER, CAME BEFORE THE BOARD REPRESENTING FLORIDA LAND COMPANY, HE NOTED THAT AS DISCUSSED AT A PREVIOUS MEETING, THIS PROPERTY IS BEING DEVELOPED INTO AN ATTRACTIVE GOLF COURSE PROJECT. THE GOLF COURSE ARCHITECT HAS BEEN SELECTED AND CONSTRUCTION WILL COMMENCE WITHIN A 30 -DAY PERIOD. MR. BEINDORF STATED THAT THE REASON FOR THE ABANDONMENT AND RELOCATION OF THIS RIGHT-OF-WAY TO THE NORTH SIDE OF THE PROPERTY IS BECAUSE IT IS IN THE WAY OF THE DEVELOPMENT. THE ROAD ENDS AT THE LATERAL G CANAL WHICH IS OWNED BY THE 11ATER MANAGEMENT DISTRICT. MR. BEINDORF INFORMED THE BOARD THAT THEY HAVE APPEARED BEFORE THE DRAINAGE DISTRICT BOARD, AND HAVE BEEN GIVEN APPROVAL BY THE DRAINAGE DISTRICT SUBJECT TO APPROVAL AND ABANDONMENT BY THE COUNTY COMMISSION. CHAIRMAN WODTKE ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE, ON MOTION BY COMMISSIONER DEESON-, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED RESOU,UTION No. 78-56 ABANDONING A PORTION OF PECAN ROAD AS ADVERTISED; THE PAPERS TO BE PREPARED AT THE EXPENSE OF THE APPLICANT, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN ON APPROVAL BY THE ATTORNEY, 13 AUG ? 11978 40" PA '� 79 . ... ... ..... .......:.,.,. ,.,., ... .. : ::, <_�_;.=,..vsa4+'+YavtarW.,.'s �PYr.•x!t`i�•..�rao."r pi.•�. ,i�r<w •rpi.;r:-..: ir.,gY•N.- s:.=:.-�.,. ,.. .. e.,,rri�4i.o'ear.. v-;�'a!1se.rj.'d'�ax+-�v. R E S G L U T I O N NO. 78-56 WHEREAS, INDIAN RIVER TRAILS LAND TRUST, did petition the Board of County Commissioners of Indian River County, requesting said Board to adopt a Resolution to vacate, abandon, discontinue and close certain public streets and roads as hereinafter de- scribed; and WHEREAS, a public hearing was duly held by said Board on August 23, 1978, at 10 A.M., pursuant to Notice thereof duly published published in the Vero Beach Press Journal, a newspaper of general .circulation in Indian.River County, which said publication was had two weeks prior to the public hearing as required by law; and WHEREAS, the Board of County Commissioners has duly con- sidered the same; NOW, THEREFORE, BE IT RESOLVED THAT THIS BOARD does find and determine the following: 1. That this Board has published a Notice of Hearing on the petition of INDIAN RIVER TRAILS LAND TRUST one time in the Vero Beach Press Journal, a newspaper of general circulation in Indian River County, Florida, said publication being published at least two weeks prior to the time stated thereon for such public hearing. 2. That the land hereinbelow described is not a part of public road and street required by the State of Florida, by the Federal Government as part of the State of Federal Highway System and said portion of the right-of-way as described herein- below is not located within the corporate limits of any minici- pality and is located in Indian River County, Florida, the fol- lowing described land is not needed for street, road, highway or other public purposes by Indian River County, Florida. , AU 513 PAGE 0 b 0 0 Co =:- m r� co P Iv BE IT FURTHER RESOLVED that the Board of County Commissioners of Indian River County for and on behalf of Indian River County, Florida; does hereby renounce and disclaim any right, title or interest in and to -'the following described public street or road to -wit: All that portion of Pecan Road situate in the South 1/2 of Section 9, Township 32 South, Range 39 East, or in the North 1/2 of Section 16, Township 32 South, Range 39 East, lying and being East of a point that is 60 feet East of the Westerly boundary of Tract 21 in the South 1/2 of Section 9, Township 32 South, Range 39 East, and West of the Westerly Right of Way of Lateral "G" Canal. and that the same be and is hereby vacated, abandoned, discon- tinued and closed and that all express or implied dedications thereon and resulting therefrom are hereby vacated, abandoned, discontinued and closed. BE IT FURTHER RESOLVED that Notice of the adoption of this Resolution shall be published once in the Vero Beach Press Journal, a newspaper of general circulation in Indian River County, Florida, and proof of publication of the Notice of Public Hearing, a certified copy of this Resolution as adopted and proof of the publication of Notice of adoption of such Resolution shall be recorded in the deed records of Indian River County, Florida, as required by law. o William C. Wodtke, Jr., Chairman I do hereby certify that the above and foregoing Resoluti-� 'r'i -, a duly adopted by the Board of County Commissioners of•indian River ,e County at its regular meeting of Freda Wright Clerk of the Board of County Circuit Court of Indian River County, Florida. ®u 0 5 3 d1A4' III fQb 0 Q ev Pp), 1 1�J EDWARD REGAN, DIRECTOR OF THE COMMUNITY BLOCK GRANT PROGRAM, INFORMED THE BOARD THAT THERE STILL IS A SMALL MATTER THAT NEEDS TO BE RESOLVED IN REGARD TO ROUGH GRADING THE LIMEROCK FOR THE GIFFORD TENNIS COURTS. MR. WEHR STATED THAT THE GIFFORD PROGRESSIVE CIVIC LEAGUE WAS UNDER THE IMPRESSION THAT THE ROUGH GRADING OF THE LIMEROCK WOULD BE DONE BY THE COUNTY, BUT THIS WAS NOT BROUGHT UP AGAIN AT THE LAST MEETING, AND HE NOW UNDERSTANDS THAT IT MUST BE AUTHORIZED. ADMINISTRATOR .JENNINGS FELT THERE IS NO OBJECTION TO THE COUNTY GOING IN AND ROUGH GRADING THE LIMEROCK AS LONG AS IT IS THOROUGHLY UNDERSTOOD THAT THE ASPHALT, ETC., IS NOT TO BE APPLIED UNTIL OTHERS HAVE FINE GRADED THE LIMEROCK. HE STATED THAT WE HAVE THE CAPABILITIES FOR ROUGH GRADING, BUT HE WOULD LIKE THE MINUTES TO SHOW THAT THE FINISH GRADE, THE DRESSING, CROWNING, ETC., OF THE 1 LIMEROCK MUST BE DONE BY OTHERS BEFORE THE ASPHALT IS APPLIED. MR, WEHR STATED THAT DICKERSON WILL DO ALL THAT, AND COMMISSIONER SIEBERT ASKED WHY THEY CANT DO THE ROUGH GRADING. MR. WEHR STATED THAT HEIS TRYING TO SAVE MONEY. . ADMINISTRATOR JENNINGS REPEATED THAT THE COUNTY CAN ROUGH GRADE, BUT IF THIS IS NOT FINISHED IN A PROPER MANNER, THE COURT WILL NEVER BE SATISFACTORY SO HE WANTS IT THOROUGHLY UNDERSTOOD THAT THE COUNTY IS ROUGH GRADING ONLY. COMMISSIONER SCHMUCKER SUGGESTED THAT THE BOARD JUST INSTRUCT THE ADMINISTRATOR TO PUSH THE PILES OF LIMEROCK DOWN AS THE TRUCKS COME IN, AND THEN DICKERSON CAN COME IN AND FINISH THE JOB, CHAIRMAN VIODTKE STATED THAT HE DID NOT HAVE ANY PROBLEM WITH INSTRUCTING ADMINISTRATOR JENNINGS TO GO.UP AND ROUGH GRADE THE LIMEROCK. THE BOARD AGREED THAT THE ADMINISTRATOR SHOULD COOPERATE IN ROUGH GRADING THE LIMEROCK, BUT EMPHASIZED THAT THE COUNTY IS NOT RESPONSIBLE FOR THE FINE GRADING AND LAYING IN THE ASPHALT. 16 COMMISSIONER SCHMUCKER DISCUSSED PAYING THE TREASURE COAST REGIONAL PLANNING COUNCIL ASSESSMENT FOR 1978-79, WHICH AMOUNTS TO $9,261.56 AND IS DUE BY NOVEMBER IST, HE NOTED THAT THIS IS ABOUT A $2,000 INCREASE OVER LAST YEARS ASSESSMENT, BUT IT IS DUE TO MONEY SPENT FIGHTING THE DRI WHICH WAS IN LITIGATION FOR A LONG TIME. THE BOARD AGREED THAT THIS CAN BE TAKEN CARE OF IN OUR REGULAR BUDGET, CHAIRMAN WODTKE INFORMED THE BOARD THAT A LETTER HAS BEEN RECEIVED FROM THE TOWN OF INDIAN RIVER SHORES AS FOLLOWS: 17 PM ! AUG 2 3 197 cr. rn: The attached proposal was unanimously approved by all members of the Town Cot;rdcil ! at a special meeting 10 August 78. G 197E TOWN Or INDIAN RIVER SHORES 6001 NORTH A -i -A INDIAN RIVER SHORES, FLORIDA 32960 Telephone: AC 305-562-1736 Council Members � " � � 4 4Y " ';; � CHESTER E CLEM EDWARD J. NOLAN, Mayor _' •• t'� a Town Attorney SUZANNE M. BODEN, Vice -Mayor ",:..:_ { JAMES W. YOUNG FRITZ E GIERHART nom" �` r :?, Town Clerk PAUL X. PARENT. ROBERT F. LLOYD ,.. l THAD D. WILKINS k. 'tom , .- Town Engineer 4 Y�s:�CtimiT.i August 10, 1978 Board of County Commissioners r Indian River County Court House I Vero Beach, Florida 32960 SUBJECT: T014N OF INDIAN RIVER SHORES PROPOSAL,.,TO COUNTY COUNCIL MMOERS RE FIRE DEPARTMENT OF INDIAN RIVER SHORES, FLORIDA L. Indian River Shores will extend its best efforts toward the i creation of a south county taxing district through a referendum by the end of 1978. We urge professional planning, either by i NFPA or ISO. 2. If a south county taxing district is created, Indian River Shores fire iE operation will be integrated into a south county fire system and �! funded by the county. . s 3. If a south county taxing district is not created by the end of 1978, the county will enter into an agreement with Indian River Shores, j mutually satisfactory to both, whereby the county will contribute a reasonable sunt to the operation expenses of the fire department of Indian River Shores in return for the fire equipment being available to county residents other than Indian River Shores and the abrogation of the current contracts between the county and Indian i River Shores, whereupon'Indian River Shores will withdraw its com- plaint for declaratory judgement against the county. 4. The county will contribute one-half of the 1978-79 Indian Fiver Shores operating budget forthe fire department - $92,000.00. Yours very truly, • TOWN OF INDIAN RIVED. SHORES Edward J. Nolan, lay r RECEIVED µr lftlmirstrator's office llice rre NLi C�i✓ fh�4j�'�`, �. �rad,. AUG 2 3 19.78 x L THE CHAIRMAN FELT THE TOWN WANTS TO MAINTAIN THEIR FIRE DEPARTMENT ON THE SAME STATUS AS LAST YEAR, I.E. OPERATE IT THEMSELVES. HE FELT IN THIS MEMO THEY HAVE SAID IF THE COUNTY WILL CONTRIBUTE ONE-HALF OF THE OPERATING BUDGET, THEY WILL SUPPORT THE TAXING DISTRICT AND POSSIBLY DROP THE SUIT. COMMISSIONER SIEBERT DID NOT FEEL THE BOARD SHOULD DISCUSS THE SUIT, BUT JUST RESPOND THAT IF WE ARE UNSUCCESSFUL IN THE SUIT, WE HAVE BUDGETED THE $48,010, WHICH IS THEIR FAIR SHARE OF THE COUNTY TOTAL TAX CONTRIBUTION FOR FIRE CONTROL. THIS WILL BE'PAYABLE IN INSTALLMENTS UNTIL SUCH TIME AS THE LEGAL QUESTION IS RESOLVED. ATTORNEY COLLINS NOTED THAT IT WILL BE SOME TIME.BEFORE THE LITIGATION IS CONCLUDED AND THAT SOME DECISIONS WILL HAVE TO BE MADE NOW PENDING THE OUTCOME. THE CHAIRMAN ASKED IF THE BOARD SHOULD MAKE ANY SPECIFIC RESPONSE TO OTHER AREAS MENTIONED IN THE --MEMO. 1 ATTORNEY COLLINS STATED THAT HIS ATTITUDE IS THAT THIS IS A RATHER ONE-SIDED EX PARTE MEMO, AND HE FELT THE BOARD SHOULD ONLY RESPOND TONNE AREAS WHERE THEY COULD HAVE SOME PRODUCTIVE RESPONSE. COMMISSIONER SIEBERT STATED THAT PARAGRAPH 3 IS NOT ACCEPTABLE TO HIM AND HE WOULD RATHER NOT EVEN ADDRESS IT. ATTORNEY COLLINS NOTED THAT LEGALLY THERE IS PROBABLY NO WAY TO SET UP A FIRE DISTRICT BEFORE THE END OF THE YEAR. HE ASKED IF THE BOARD WISHED TO AUTHORIZE PROCEEDING WITH SETTING UP A FIRE DISTRICT. COMMISSIONER SIEBERT FELT THE SUIT WILL HAVE TO BE RESOLVED FIRST, BUT ATTORNEY COLLINS COMMENTED THAT HE WOULD HATE TO SEE THE PERIOD OF TIME BETWEEN NOW AND WHEN THE LITIGATION IS COMPLETED GO BY WITHOUT WORKING ON SETTING'UP A FIRE DISTRICT. CHAIRMAN WODTKE THOUGHT THE MEMO INDICATED THAT THE TOWN IS RECEPTIVE TO THE TAXING DISTRICT IDEA, BUT THAT THE WAY THE MEMO IS WRITTEN INDICATES TO HIM THAT IF THE BOARD WILL GIVE THEM $92,000, THEY WILL SUPPORT A TAXING DISTRICT FOR THIS YEAR. COMMISSIONER SIEBERT NOTED THAT WE HAVE RECEIVED A LETTER 'FROM ONE GROUP OF FIRE FIGHTERS ENDORSING THE CONCEPT OF THE FIRE DISTRICT. 19 AUG 2:3 1978 - J CHAIRMAN WODTKE STATED THAT THE DOLLARS WE ALLOCATE WILL HAVE TO BE BASED ON THE LEVEL OF SERVICE WE ARE RECEIVING AND THE AVAILABILITY OF THE EQUIPMENT AS SET UP IN OUR CONTRACT. HE BELIEVED THAT THE $48,000 BUDGETED IS VERY ADEQUATE IN RELATION TO THE AVAILABILITY OF EQUIPMENT AND RESPONSE WE WILL GET IN THE COUNTY, ATTORNEY COLLINS FELT WE MUST ACT CONSISTENTLY WITH THE AGREEMENT WE ALREADY HAVE WITH THE TOWN. COMMISSIONER SIEBERT DISCUSSED WORDING IN REGARD TO MONTHLY PAYMENTS AND FELT IN THE EVENT WE WERE SUCCESSFUL AND DID TAKE OVER THE STATION, THIS MUST BE TAKEN INTO CONSIDERATION. IT WAS NOTED THAT IT IS NECESSARY TO HAVE A REFERENDUM TO SET UP A SPECIAL TAXING DISTRICT WHICH INCLUDES THE MUNICIPALITIES. ATTORNEY COLLINS DID NOT BELIEVE WE CAN ACCOMPLISH THIS BY THE FIRST OF THE YEAR, BUT WOULD LIKE TO BE WORKING ON IT IN THE MEANTIME. r%COMMISSIONER SIEBERT FELT EVERYTHING HINGES ON THE LAWSUIT It AND DID NOT FEEL THE TOWN HAD CHANGED ANYTHING BECAUSE THEY STILL WANT US TO CONTRIBUTE HALF OF THEIR OPERATING EXPENSE AND CANCEL THE AGREEMENTS WITH THEM. THE ONLY NEW THING IS THAT THEY ARE STATING THEY WOULD FAVORABLY CONSIDER A TAXING DISTRICT. COMMISSIONER Loy STATED THAT SHE WOULD LIKE THE CHAIRMAN TO RESPOND RELATIVE TO THE AMOUNT SET OUT IN THE BUDGET AND INFORM THEM THAT WE ARE TAKING STEPS TO SET ABOUT CREATION OF A TAXING DISTRICT. CHAIRMAN 14ODTKE STATED THAT HE WILL RESPOND THAT WE HAVE BUDGETED $48,010 FOR OUR PARTICIPATION IN THEIR OPERATIONAL BUDGET NEXT YEAR AND REQUEST THAT THE TOWN COOPERATE WITH US AS THEY HAVE INDICATED IN SETTING UP A TAXING DISTRICT. INTERGOVERNMENTAL COORDINATOR THOMAS REPORTED TO THE BOARD ON THE REQUEST OF LEONARD NEEDHAM OF EAGLE PRODUCTIONS TO USE KIWANIS-HOBART PARK FOR A BLUEGRASS MUSIC CONVENTION NOVEMBER 3RD, 20 ffz* 36'pAcr .1 4TH AND STH, 1978, HE STATED THAT HE HAS NOT BEEN ABLE TO CONTACT MR. NEEDHAM. HE FURTHER NOTED THAT THE WAY MR. NEEDHAM HAS REQUESTED THE FESTIVAL BE SET UP WOULD BE IN CONFLICT WITH THE TERMS OF OUR ORDINANCE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY DENIED THE APPLICATION OF LEONARD NEEDHAM TO USE KIWANIS-HOBART PARK FOR A BLUEGRASS MUSIC CONVENTION. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN CERTIFICATE RE THE ADMISSION OF SANDRA H. ROSS TO THE FLORIDA SCHOOL FOR THE DEAF AND THE BLIND. FLORIDA SCHOOL FOR THE DEAF AND -THE BLIND Wzmwd J. MCCLunE, President ST. AUGUSTINE, FLORIDA TO THE BOARD OF TRUSTEES u ust 23 • (Date)..A.......:$,..»«..»«.»'1978 ..............».».»»... Gentlemen: This is to certify that the bearer, .3(r�.i'1am..................... is a resident of this county and that.Co... is entitled to free admission to the Plarida School for the Deaf and the Blind. , (Signed) ..... 21/'�rn, Board o/ra! ""' ,« County,,, Commi ss qn Indian River County, Fla. Board of County Commissioners of ..»««..».»......... ........... «..County. 21 { -�. SCHOOL DISTRICT OF INDIAN RIVER COUNTY SCHOOL BOARD ! 1426 19th Street - P. 0. Box 2648 • Vero Beach, Florida 32960 JOE N. IDLETTE, JR. Telephone (305) 567 • 7165 Chairman RICHARD A. BOLINGER WILLIAM H. McCLURE. Superintendent Vice -Chairman RUTH R. BARNES GARY W. LINDSEY DOROTHY A. TALBERT August 26, 1978 TO WHOM IT MAY CONCERN: This is to state that I have known Sandra Ross, dob 1-12-65 since January of 1975, and I am recommending placement this year in the Florida School for the Deaf and the Blind located in St. Augustine, Florida. ry R. Hurst�I'— .Coordinator Exceptional Child Services Bwgp AUG 2 31978 "WhelLe The Vtopicd Begin" 3 CHAIRMAN WODTKE INFORMED THE BOARD THAT HE HAS RECEIVED A LETTER FROM EDWARD NOLAN, MAYOR OF THE TOWN OF INDIAN RIVER SHORES, ASKING TO BE APPOINTED TO THE TECHNICAL ADVISORY COMMITTEE RE THE 201 FACILITIES PLAN. CHAIRMAN WODTKE NOTED THAT THIS COMMITTEE NEEDS TO BE UPDATED AND FELT A RESOLUTION SHOULD BE ADOPTED CORRECTING TITLES. ATTORNEY COLLINS FELT THE APPOINTMENTS SHOULD BE MADE BY THE BOARD BASED ON THE RECOMMENDATIONS FROM VARIOUS ORGANIZATIONS. IN FURTHER DISCUSSION, IT WAS AGREED THAT THE ADMINISTRATOR AND THE ATTORNEY WILL DRAFT A NEW RESOLUTION, AND THE SECRETARY TO THE BOARD WILL ADVISE MAYOR NOLAN ON THE STATUS OF THIS MATTER. ASSISTANT ADMINISTRATOR NEIL NELSON REPORTED ON OBTAINING SECURITY GUARDS FOR THE HOSPITAL AND INFORMED THE BOARD THAT HE HAS ASKED FOUR DIFFERENT AGENCIES FOR PROPOSALS, HE POINTED OUT THAT WE NEED TO BE READY TO GO IN WITH SECURITY IMMEDIATELY WHEN WE TAKE OVER THE HOSPITAL. MR. NELSON CONTINUED THAT WE HAVE TWO MAINTENANCE MEN ON DUTY DURING THE DAY AND RECOMMENDED THAT WE HAVE SECURITY PERSONNEL OF ONE MAN AT NIGHTTIME DURING THE WEEK AND 24 HOURS DURING THE WEEKENDS, MR. NELSON CONTINUED THAT PINKERTON, WHO IS CURRENTLY THE SECURITY AGENCY, AND THE ONLY ONE NOT ARMED, SUBMITTED THE LOWEST PROPOSAL. MR, NELSON NOTED THAT FOR COMMUNICATION THEY ALL RELY ON THE TELEPHONE, EXCEPT MACKENZIE WHO HAS A RADIO AND A VEHICLE THEY WOULD HAVE ON THE PREMISES. HE NOTED THE COSTS RANGE FROM APPROXIMATELY $500 PER WEEK TO $768 FOR MACKENZIE#PINKERTON HAS ONE COST FOR SEPTEMBER TO JANUARY AND GETS HIGHER AFTER JANUARY, ASSISTANT ADMINISTRATOR NELSON RECOMMENDED PINKERTON BECAUSE THE PEOPLE ARE LOCATED THERE NOW AND DO KNOW THE HOSPITAL. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ACCEPTED THE PROPOSAL OF PINKERTON SECURITY AGENCY AND AUTHORIZED THE ADMINISTRATOR TO PROCEED TO ENGAGE THEM. 23 NZ AUG 2 3 197 s CHAIRMAN WODTKE ASKED IF THIS WILL INCLUDE THE WAREHOUSE, AND ATTORNEY COLLINS FELT THIS SHOULD BE'NEGOTIATED WITH THE HOSPITAL BOARD BECAUSE THEY WILL BE LEASING IT. PAT FLOOD, MAYOR OF THE CITY OF SEBASTIAN, CAME BEFORE THE BOARD TO DISCUSS THE PROBLEM OF "DUAL TAXATION.' MAYOR FLOOD REQUESTED THAT THE BOARD ITEMIZE WHERE THEY ARE USING THE MONEY SEBASTIAN IS PAYING IN SO HE CAN DETERMINE WHERE THEIR MONEY IS BEING SPENT AND WHERE IT IS FILTERING BACK TO THE CITY. COMMISSIONER SIEBERT POINTED OUT THAT THE BOARD HAS THREE FUNDS INVOLVED IN THEIR BUDGET - THE GENERAL FUND, THE ROAD & BRIDGE, AND FINE AND FORFEITURE. HE INFORMED MAYOR FLOOD THAT OUR TOTAL EVALUATION LAST YEAR, ACCORDING TO THE PROPERTY APPRAISER, WAS APPROXIMATELY $33,332,500. WHICH WAS ASSESSED AT 4.9633 MILLS. THIS RESULTED IN TOTAL AD VALOREM TAXES OF $163,960 FOR SEBASTIAN, OR 3.5% OF THE TOTAL AD VALOREM TAX OF THE -COUNTY. MAYOR FLOOD STATED THAT THE $163,960 IS WHAT HE IS CONCERNED WITH. ATTORNEY COLLINS INFORMED MAYOR FLOOD THAT FINANCE OFFICER BARTON WILL ITEMIZE AS BEST HE CAN, BUT POINTED OUT THAT THE BURDEN IS NOT ON THE COUNTY TO SHOW THAT PHYSICALLY $163,960 CAME BACK DIRECTLY TO THE CITY OF SEBASTIAN. THE FLORIDA CONSTITUTION TALKS OF MONIES THAT ARE USED EXCLUSIVELY FOR THE BENEFIT OF THE PEOPLE IN THE UNINCORPORATED AREAS, AND THIS IS NOT THE AREA MAYOR FLOOD IS CONCERNED ABOUT. THE ATTORNEY NOTED THAT TAX DOLLARS ARE SPENT FOR BENEFITS THAT MUNICIPAL RESIDENTS RECEIVE EVEN THOUGH THEY MAY NOT ACTUALLY BE IN THE CITY LIMITS OF THE MUNICIPALITY I.E., ROADS, SHERIFF PROTECTION, THE COURT SYSTEM, ETC. FINANCE OFFICER BARTON CONFIRMED THAT THE APPROACH HE TOOK WAS IN GENERALITIES AS TO UNINCORPORATED AND INCORPORATED AREAS, AND HE FELT TO BREAK THESE FIGURES DOWN INTO FIVE DIFFERENT MUNICIPALITIES WOULD BE ALMOST IMPOSSIBLE. MAYOR FLOOD STATED THAT STARTING 1979 A LAW WILL COME INTO EFFECT REQUIRING THAT THIS BE BROKEN DOWN AS TO DIFFERENT MUNICIPALITIES, 6M BOONS 00 PAGE FINANCE OFFICER BARTON STATED THAT IN THE PROPOSED BUDGET AS IT STANDS FOR 1978-79 WE ARE TALKING REVENUE SOURCES OF $11,671,400, OF THAT TOTAL, 33,24% COMES FROM AD VALOREM TAXES, OR $3,879,452, PER THE.TAX COLLECTOR'S ESTIMATES, 119,85, IS IN INCORPORATED AREAS AND 50,415% IS IN UNINCORPORATED AREAS, THIS WOULD RESULT IN $1,923,626 BEING GENERATED FROM THE INCORPORATED AREAS, AND THIS FIGURE REPRESENTS 16,48% OF ALL REVENUES, MAYOR FLOOD FELT THAT THE $163,000 WOULD BE ABOUT 8% OF WHAT THE INCORPORATED AREAS ARE PAYING, AND REITERATED THAT HE JUST WANTS TO KNOW WHERE THIS WAS SPENT. FINANCE OFFICER 'BARTON THEN REVIEWED IN DETAIL THE PROPOSED BUDGET FOR 1978-79 GOING OVER ALL THE DEPARTMENTS AND SERVICES INCLUDED, (LEGISLATIVE, ADMINISTRATIVE, PROPERTY APPRAISER, TAX COLLECTOR, CLERK, THE COURTS, POLICE PROTECTION, FIRE PROTECTION, ETC.) AND EXPLAINED HOW THESE EXPENSES ARE.ALLOCATED, I.E. ON A POPULATION BASIS, LAND AREA BASIS, VALUATION BASIS, ETC, FINANCE OFFICER BARTON NOTED THAT WHILE 16,48% OF COUNTY REVENUES ARE COLLECTED FRgM THE INCORPORATED AREAS, 20.643% IS EXPENDED ON THE INCORPORATED AREAS, 'MAYOR -FLOOD AGREED THAT THE SHERIFF'S DEPARTMENT DOES COME UP WHEN THEY ARE CALLED, BUT HE FELT THE SEBASTIAN CITY POLICE TAKE CARE OF MOST OF THEIR PROBLEMS AND THAT THEY FAR OFFSET THE COST ASSESSED FOR POLICE PROTECTION. ATTORNEY COLLINS NOTED THAT ALL THE SERVICES MUST BE CONSIDERED SUCH AS PROCESS SERVING, FELONY INVESTIGATION, ETC., AND FURTHER NOTED THAT ANOTHER THING TO BE CONSIDERED IS THAT THE BENEFIT IS NOT ALWAYS IMMEDIATELY WITHIN THE CITY, AND SINCE THE SHERIFF'S DEPARTMENT PROVIDES -SERVICES THAT PREVENT LAWLESSNESS, IT BENEFITS THE CITY INDIRECTLY, MAYOR FLOOD DISCUSSED FINES AND FORFEITURES, HE NOTED THAT ALTHOUGH THEY ARE GENERATING $66,000 THEY STILL HAVE TO PAY FOR COPIES, COURT COSTS, ETC, COMMISSIONER SIEBERT POINTED OUT THAT THE FINES GO BACK - TO -THE CITY. 25 BOOK J6 Fu r MAYOR FLOOD THEN STATED THAT MOST OF THE ROADS IN THE CITY OF SEBASTIAN ARE MAINTAINED BY THE CITY, BUT THERE IS SOME COUNTY RIGHT-OF-WAY. HE FELT THE COUNTY COULD GO INTO THE CITY AND CLEAN THE DITCH ON INDIAN RIVER DRIVE. ATTORNEY COLLINS POINTED OUT THAT THE PEOPLE IN THE CITY OF SEBASTIAN USE ALL THE ROADS IN THE COUNTY, AND THE TEST IS THAT THE MONEY MUST BE PUT IN THE UNINCORPORATED AREA IN GENERAL, MAYOR FLOOD THEN STATED THAT EVERYTHING GIVEN TO THEM FOR RECREATION HAS HAD STRINGS TIED TO IT, AND EVERYTHING THE COUNTY PEOPLE ARE PAYING, THEY ARE PAYING ALSO, HE NOTED THAT THIS YEAR THEY PAID 1.02 MILLS FOR FINE AND FORFEITURE IN THE CITY AND PROBABLY PAID THE SAME IN THE COUNTY. FINANCE OFFICER BARTON STATED THAT THE COUNTY CHARGED 4,9633 MILLS FOR ALL THREE FUNDS, MAYOR FLOOD CONTINUED THAT THE C0UNTY DID HIRE A MAN TO REPRESENT SEBASTIAN FOR ZONING PURPOSES, BUT WHEN THEY WANTED HIM TO STAY UP IN SEBASTIAN TWO DAYS A WEEK, -THE BOARD WOULDN'T AGREE TO IT, HE.DID NOT FFEL THE BOARD HAS JUSTIFIED THE EXTRA $163,000 THE CITIZENS ARE PAYING IN SEBASTIAN, COMMISSIONER LOY AND COMMISSIONER SCHMUCKER POINTED OUT THAT THE FIGURES SHOW THAT SEBASTIAN IS GETTING MORE IN SERVICES THEN THE COUNTY IS COLLECTING, ATTORNEY COLLINS REQUESTED THAT MAYOR FLOOD TAKE THE FIGURES PRESENTED TODAY, REVIEW THEM AND ISOLATE THE PROBLEM AREAS, AND THEN IF DESIRED, ANOTHER MEETING CAN BE HELD ON THIS MATTER AFTER BUDGET HEARINGS ARE OVER, MAYOR FLOOD COMMENTED TO THE BOARD THAT HE BELIEVES THERE IS A NEW LAW WHEREBY THE COUNTY MAY BE ABLE TO OPEN UP THE LANDFILL IN THE NORTH OF THE COUNTY. HE FURTHER STATED THAT NICK SUIT, PRESIDENT OF THE NORTH INDIAN RIVER COUNTY IMPROVEMENT ASSOCIATION, WILL NOT BE PRESENT TODAY TO DISCUSS DUAL TAXATION, THE BOARD THEREUPON RECESSED FOR LUNCH AT 12;00 NOON AND RECONVENED WITH THE SAME MEMBERS PRESENT AT 1;30 O'CLOCK P.M. 26 is •, ' `�' RICHARD VOTAPKA, ENGINEER, CAME BEFORE THE BOARD TO REQUEST APPROVAL OF CHANGE ORDER N0. I FOR DRIVEWAYS, INC., WHO IS WORKING ON THE GIFFORD WATER SYSTEM. MR. VOTAPKA EXPLAINED THE ADDITIONAL WORK NEEDED AS FOLLOWS: I. INSTALLATION OF A NEW CONNECTION AT THE TRANSMISSION MAIN ON THE EAST SIDE OF 28TH AVENUE NORTH OF 43RD STREET, WHICH IS NECESSARY TO RAISE THE PRESSURE FOR DISTRIBUTION AND PROVIDE ADEQUATE FLOW. 2. INSTALLATION OF A GATE VALVE FOR THREE HYDRANTS'. MR. VOTAPKA NOTED THAT WHEN THE SYSTEM WAS BUILT, THESE WERE LEFT OFF, AND CONSEQUENTLY IF ONE OF THESE HYDRANTS WAS HIT, YOU WOULD HAVE TO SHUT OFF AN ENTIRE SECTION. 3. INSTALLATION OF A BLOWOFF ASSEMBLY IN ONE SUBDIVISION WHERE THERE IS NO OTHER WAY OF FLUSHING THE LINE. 4. REPLACEMENT OF TWO BRONZE VALVES., AFTER THE CONTRACT WAS LET, IT WAS DISCOVERED THAT THESE WERE BROKEN, MR. VOTAPKA DID NOT FEEL THERE WILL BE MANY CHANGE ORDERS, BUT STATED THAT,_,THIS WORK HAS TO BE DONE AND THE INCREASE AMOUNTS TO $5,025. HE NOTED THAT THE MONEY WE WILL RECEIVE BACK AS LIQUIDATED DAMAGES FROM PDM AND THE CONTINGENCY FUND SHOULD COVER THIS. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAS REVIEWED THIS CHANGE ORDER WITH MR. VOTAPKA AND FEELS IT IS IMPORTANT THAT THIS BE EXPEDITED. ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED CHANGE ORDER #I AS PRESENTED BY ENGINEER VOTAPKA FOR FOUR ITEMS IN THE AMOUNT OF $5,025, MR. VOTAPKA COMMENTED THAT DRIVEWAYS INC., IS ALSO ASKING FOR FIVE ADDITIONAL DAYS IN ORDER TO GET THESE ITEMS. CHAIRMAN ,',ODTKE POINTED OUT THAT WE HAVE ALREADY GIVEN THEM 75 DAYS EXTENSION AND THEY HAVEN'T EVEN STARTED YET. HE DID NOT SEE WHY THEY HAVE TO HAVE FIVE ADDITIONAL DAYS. DISCUSSION FOLLOWED IN REGARD TO ALTERNATIVES TO ADDING FIVE DAYS. 27 s� �r J P�G,R y AUG 2 3 1978 f P COMMISSIONER LOY NOTED THAT WE JUST WOULD BE ADDING FIVE DAYS TO THE ENTIRE CONTRACT NOT TO THE EXTENSION AND SINCE WE ARE ADDING THIS AMOUNT OF WORK, FIVE DAYS DOES NOT SEEM UNREASONABLE. SHE POINTED OUT, HOWEVER, THAT.WE WANT THEM TO GET STARTED PROMPTLY ..AND THIS TIME SHOULD BE ADDED ON AT THE END OF THE CONTRACT, THE BOARD AGREED THAT THIS SHOULD NOT AFFECT THE STARTING DATE AND THAT A LETTER SHOULD BE SENT TO DRIVEWAYS, INC., URGING THEM TO GET STARTED. ENGINEER VOTAPKA DISCUSSED THE PROBLEMS INVOLVED AND DELAYS ENCOUNTERED IN TRYING TO HOOK UP THE SCHOOL. HE STATED THAT THEY ARE TRYING TO GET AUTHORITY TO HOOK INTO THE CITY'S LINE TEMPORARILY. CHAIRMAN WODTKE, ADMINISTRATOR .JENNINGS AND ATTORNEY COLLINS LEFT THE MEETING AT 1;50 O'CLOCK P.M. VICE CHAIRMAN LOY TOOK OVER THE MEETING. r ASSISTANT ADMINISTRATOR NELSON CAME BEFORE THE BOARD AND REPORTED THAT AN INVENTORY HAS BEEN MADE LISTING ALL ITEMS WE WANT TO KEEP AS PER THE AGREEMENT WITH THE HOSPITAL BOARD. HE REVIEWED THE LIST WITH THE,,BOARD AND EXPLAINED THAT IT WOULD BE DESIRABLE TO KEEP ALL SURPLUS KITCHEN AND RESTAURANT EQUIPMENT IN THE EVENT IT IS DECIDED TO HAVE A RESTAURANT AVAILABLE FOR THE PEOPLE WORKING THERE, HE INFORMED THE BOARD THAT ALL ICE MACHINES AND AIR CONDITIONERS ARE INCLUDED AND THE FURNITURE LISTED CONSISTS PRIMARILY OF DESKS, FILE CABINETS AND CHAIRS, MR, NELSON RECOMMENDED THAT THE LISTED ITEMS BE RETAINED BY THE COUNTY TO BE USED WHEN THE HOSPITAL IS RENOVATED INTO AN OFFICE COMPLEX. ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SIEBERT, CHAIRMAN !A+ODTKE BEING TEMPORARILY ABSENT FROM THE MEETING, THE BOARD APPROVED THE HOSPITAL INVENTORY LIST AS RECOMMENDED BY ASSISTANT ADMINISTRATOR NELSON. SAID LIST IS HEREBY MADE A PART OF THE MINUTES, AM 28 e 7g rm". In accordance with section it of "Contract for sale and Purchase", dated June 21, 1978, the Board of county Commissioners of Indian River h a list of all items on Schedule "B" County, Florida, submits herewith e which that needs iatnedms,intaes ndlsi.sttoedusesiiaatll tbh ecoomld hthoesppitraople. rtyIt oif s thune dBeury- er stood th at closing.. Said list is as follows: MISCELLANEOUS SUR . PLUS ITrMS LOCATED IN VARIOUS AREAS NOT LISTED ELSEVIIIERE. IN THIS, =) i.e. All surplus kitchen and restaurant equipment. All ice machines. All refrigerators. All air -conditioners. All nurse calls and intercoms. All window drapes. All built-in shelving and cabinets. All bulletin boards. All other items on this list are now located as follows: ist r Looiz Surgery, private dining room, cafeteria, kitchen and central storeroom. 2nd FLOOR Nurses, station and adjacent corridor to north. 3rd FLOOR CcU Rooms. lst FLOOR _04�15C - 5 seating units - 3 seat 1 lounge seat - 3 place 9 swivel chairs w/arms 2 11 It w/o arms 8 reception room chairs 3 students chairs 28 TOTAL METAL SINGLE CHAIRS (STACK, STRAIGHT OR SIDE 206 on 1st floor 9 on 2nd floor 53 on 3rd floor 268 TOTAL STENO C!TAIRS 40 on 1st floor 5 on 2nd floor 7 on 3rd floor 5 2 TOTAL BOOK ci Phu,. AUG ?, 31978 L r (- . •t>,;d'�tFS'..:Y4.i• ...n•.�ay:s•••rga',1a•,S�d*y ��t••••A 44 K•nfrAM'+M::�fld. .. vr'•ei q,t,••'_kwiP,•4 •t. :5e•a:I:h'1t'".t'''>ya'1 {•Afa,i k: >y,a V:-^ . .... ,a.a�.. e CHAIRIS t•!/AIZ�IS a 78 on 1st floor 35 on 2nd floor 24 on 3rd floor <1 s 13 7 TOTAL. WOODEN STRAIGIiT CHAIRS 5 on 1st floor ; 1 on 3rd floor ` ' 6 TOTAL LOUNGE SEATS - 2 PLACE 2 on 1st floor 1 on 3rd floor ' 3 TOTAL • STOOLS 3 metal adjustable - on.lst floor ,_• 1 wooden = r on :1st floor 1 wooden - on 2nd floor " 5 TOTAL DESKS i 1st FLOOR 7 double pedestal - Metal 4 H - Wood 3 single pedestal -,Wood 1 small metal,,desk 15 TOTAL LAMPS _• 1st FLOOR 3 table lamps , 4 floor lamps - metal 1 so .9 —wooden 1examining w/goose neck 2nd FLOOR 2 tall table lamps' 1 floor lamp 13 TOTAL CARTS, .. ; 1st -FLOOR 1 wooden top w/casters 3 metal w/casters 1 stainless steel w/titheels 5 TOTAL - 2 - .w• -.n^. rq. ..,.f.- .. •''rSk+.. pq, •- -b•• _ ^'.K Y.f•R•••an o_ .^TI—F..,e"K, .,; .. ,raYf.d.,:•or.. :,,r;•;a...nfn.. . np.•r"•: w_ ....., .. ._t r. arim 3' AUG 23 1978 J - _.. Y '- , „»v y....n :tW+bfa r•.,,T. Infri...w; ... t7' sC t.tit .. ..v, r .. ... .. .. ::n,+. r, y„I,+. .: e+srle.-v ti•. .. ra'N.+n'.+nc...; .. . ..� •' , • . •];IJ_CTI :ICAT, lt'1'TrIT�F1Cl� (Also see 1)a9C 1. ) 1 electric range y Compactor '• 1 portable electric heater 1 electric toaster - 230 volt 2 large pedestal fans ,• ' 1 fan, floor ' TABLES lst FLOOR ; 9 small'wooden w/one drawer 12 metal 1 doctor's conference table 1 bedside table w/casters 1 wooden w/one drawer on wheels 23 cafeteria tables s 1 metal 18x18 ` 1 homemade wooden 3 w/formica tops 1 lamp -table 1 heavy wood w/formica top 1 formica table top 2 wood tables 30x60 r , 1 metal 24x60 on wheels 1 metal 36x36 w/formica top 1 porcelain top table 1 large wooden counter 1 ;t, w/formica top' 2nd FLOOR -� 1 small wooden 18x3 6 1 ff 1! rr w/glass top 2 cafeteria tables + 1 metal 36x36 - pedestal 3rd FLOOR 2 wooden writing tables _. 5 end tables 1 conference table - pedestal 1 writing table w/compartment 76 TOTAL FOOT STOOLS lst FLOOR 2 metal CABINJ:rPS , TtOC?::CAC1:S & SJiT LVING (Also see page L.) lst FLOOR 1 beds"I e C.Ibinet w/CaStcr 1 ,even shelf cabinet 3 -- P .._....._._-..�..»r<...w..„•.....,uaww:tas.•olrsama.,-,;.,rrM>yw•!i�'.^'a4?'t •.^..i r•.-� �.:_ toot Y. W I Small cabinet 1 woo0en shelf cabinet (24 I)jn) I wooden cabin et 2 door &.2 drawer 3 wooden cabinets 3- drawer 1 wooden storage cabinet 3 metal cabinets - 2 door 2 36x72 metal storage cabinets 2 door 1 wooden cabinet .2 wooden cabinets w/bins I wooden shelf 1 large 4 -door cabinet (dietary) 1 metal cabinet, 2 -door 6 bedside cabinets wood !-A4 _metal 1 small safe w/attached drawers 1 locker - 6 unit 1 locker - single 32 racks metal shelving (in central storeroom)* 1 unit bookshelves 3 small bookcases 2 wooden bookcases 5 large wooden bookcases 1 wooden book -case w/bins 2nd FLOOR 6 bedside cabinets wood 3rd FLOOR 2 wooden cabinets 1 cabinet floor stand 6 bedside cabinets 99 TOTAL FILING CABINETS lst FLOOR 3' 4 drawer - legal vertical 1 3 drawer - 4 2 drawer 3 4 drawer - letter 2 2 drawer 1 1 drawer w/compartment with door 18 small card cabinets 1, card file 4 drawer 1. 2 drawer lateral file .1 3 drawer I 12 drawer visible index file .1 4 drawer letter file (-in central storeroom) 3rd FLOOR I small wooden correspondence file (12 shelves) 38 TOTAL OVERDED TIMES 2 on first floor 3 cin second floor 10 on third floor 1.5 TOTAL 4 W x ♦*P•,t Y�iV}aY4t¢gfrba^Np tV.1r'ta!a`.6srM{.a•th.an,.•n4y..�sq�Msh.4•:r/•1^..:<f7TYnrr.Y'.'1'�., t. •tr•PL•1'. •.f :9 •'..•If•.�.�.r rxA.,.v.Y.w•r'4T4 •/•• .. .... •..w •.... . SMALL STAMPS 1st FLOOR , 5.. 6 typewriter stands = •� .'.• 1 small wooden 1 w./shelf .2 stands w/casters 11 ash stands - 3rd FLOOR 1 ash stand .. .. 22 TOTAL P FLOWER STANDS 2 on first floor 17 on second floor 19 on third floor 38 TOTAL C014TAINERS 1st FLOOR .. 1 round trash can w/lid 1 tall trash receptacle w/cover 3 garbage cans - metal 3 waste baskets 2nd FLOOR 2 wastet-baskets 3rd FLOOR 2 waste baskets 1 garbage can - metal 2. garbage cans - plastic 15 TOTAL MISC . EQUIPMENT (Also vee page 1.) 1st FLOOR 1 tan screen 2 red screens __?_step ladders (in central storeroom) 5 TOTAL AUG 2 1978 / ZONING DIRECTOR DEWEY WALKER CAME BEFORE THE BOARD IN REGARD TO REMOVAL OF A HAZARDOUS STRUCTURE OWNED BY JOHN GAINES AND INFORMED THE BOARD THAT MR. GAINES HAD BEEN DULY NOTIFIED OF THIS HEARING AS FOLLOWS: BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT. JR. EDWIN S. SCHMUCKER 'R. DON DEESON JACK G. JENNINGS. Administrator 2145 14th Avenue I Vero Beach. Florida 32960 July 28, 1978 Otc+ A,- C//Mr. John Gaines ' eo , 40CI `•�_ Post Office Box 5083°r•,`^oma"�,, Gifford, Florida as �> In Re: Lot 9, Block 3, Ranch Estate' •:� '_ =�:1 s Dear Mr„Gaines: • You have been previously notified that your structure located at Lot 9, Block 3, Ranch Estates has been declared by the Indian River County Building Department a hazardous and nuisance structure. The building has been declared unsafe and use and occupancy of the building has been prohibited. You have been further notified to abate the nuisance by removing the structure or reconstructing the same accord- ing to the Indian River County Building Code. You have, as of this date, failed to take any action on the matter. Please be advised that on August 23, 1978 at 2:00 o'clock P.M., in the County Commission Room of the Indian River County Courthouse, the Board of County Commissioners of Indian River County, Florida, will hold a hearing for the purpose of determining any reason why the Board should not order the nuisance and hazardous structureabated and removed and a lien filed against your property for the cost of said removal. In the event the hazardous structure is removed prior to the hearing date, said hearing will be cancelled. In the event you do not appear at the hearing, the Board will take necessary action to remove the hazardous structure. Please guide yourself accordingly. Sincerely, GEORGI3 G. COLLINS, JR., Attorney to the Board GGC,Jr/ph cc: Jack Jennings Liz Forlani CrRTIFIrD PIATL RETURN I ECHIPT I:I1`QUXSTPD 34 AUG 93 1978 Fecs 36 ma A6 JOHN GAINES APPEARED AND STATED THAT HE HAS TRIED TO REPAIR THE HOUSE, BUT HAS HAD PROBLEMS EVER SINCE HE MOVED IT AND WAS NEVER ABLE TO GET THE PERMITS NECESSARY TO DO THE WORK. MR. GAINES STATED THAT HE WENT TO SEE THE BUILDING DIRECTOR, MRS. RYMER, AND SHE TOLD HIM HE COULD NOT REPAIR THE HOUSE, ONLY TEAR IT DOWN. THIS HAS BEEN GOING ON SINCE 1970. HE NOTED THAT MR. ADAMS ADVISED HIM NOT TO PUT ANY MORE MONEY IN THE HOUSE, BUT HE POINTED OUT THAT HE ALREADY HAS $8,000 TIED UP IN IT. MR. WALKER INFORMED THE BOARD THAT A PERMIT WAS GRANTED FOR MR. GAINES TO MOVE THE HOUSE TO ITS PRESENT LOCATION. HE NOTED THAT MR. GAINES HAS WORKED ON THE HOUSE, BUT VERY LITTLE AND ON A VERY INCONSISTENT BASIS. MR. WALKER DID AGREE THAT MR. GAINES HAD TAKEN THE OLD STUCCO OFF, BUT NOTED.THAT IN THE MEANTIME, THE WHOLE STRUCTURE HAS DETERIORATED. i MR. GAINES STATED THAT EVER SINCE HE MOVED THE HOUSE THERE, THE ATTITUDE HAS BEEN THAT IT SHOULD COME DOWN. HE WANTED TO GET TEMPORARY ELECTRICITY TO WORK ON THE HOUSE, BUT COULDNIT GET A PERMIT. COMRISSIONER Loy POINTED OUT THAT MR. GAINES WAS NOTIFIED MONTHS AGO, AND MR. GAINES STATED THAT HE HAD NOT RECEIVED ANY NOTICE BEFORE THE ONE HE JUST RECEIVED. HE AGREED THAT THERE IS STILL A LOT OF WORK TO BE DONE ON THE HOUSE, BUT STATED THAT HE IS WILLING TO DO IT IF HE CAN GET A PERMIT. MR. GAINES POINTED OUT THAT THERE ARE CONDEMNATION NOTICES ON OTHER HOUSES THAT HAVE BEEN THERE FOR YEARS AND NOTHING HAS BEEN DONE ABOUT THEM. COMMISSIONER Loy INFORMED MR, GAINES THAT A MONTH AGO THIS BOARD AUTHORIZED THE ADMINISTRATOR TO TEAR DOWN AT LEAST B OR 10 STRUCTURES AND NOTED THAT MR, GAINES IS ONE OF THE FEW WHO HAS HAD EIGHT YEARS TO WORK ON HIS HOUSE. MR. GAINES REITERATED THAT HE HAS WORKED ON IT, BUT COMMISSIONER Loy NOTED THAT HE COULD NOT HAVE WORKED ON IT CONSISTENTLY OR IT WOULD HAVE BEEN DONE BY NOW. MR. GAINES FELT THAT IT IS NOT FAIR TO MAKE HIM TEAR IT DOWN WHEN HE WANTS TO FIX IT UP. 35 a 3fj PA''F COMMISSIONER LOY ASKED HOW LONG IT WOULD TAKE TO FINISH REPAIRING THE HOUSE, AND MR. GAINES FELT HE COULD DO IT BY THE END OF THE YEAR, ZONING DIRECTOR IIALKER INFORMED THE BOARD THAT THE HOUSE IS IN SUCH A DETERIORATED CONDITION NOW THAT HE FELT IF MR, GAINES SPENDS ANOTHER $10,000, HE WILL STILL HAVE ONLY A SHELL NOT SAFE TO LIVE IN, AND POINTED OUT THAT MR. GAINES IS TELLING THE BOARD THE SAME THINGS HE SAID IN 1970, COMMISSIONER SCHMUCKER NOTED THAT EIGHT YEARS IS A LONG PERIOD OF TIMEjAND MR, GAINES SAID THAT HE HAD RUN INTO .HARD TIMES BUT IS NOW IN A POSITION WHERE HE CAN DO THE NECESSARY WORK. COMMISSIONER SIEBERT STATED THAT HE HAS NOT SEEN THE HOUSE AND WOULD LIKE TO LOOK IT OVER PERSONALLY, IN FURTHER DISCUSSION, THE BOARD AGREED TO HOLD THIS MATTER �- OVER UNTIL THE NEXT MEETING AT 2:00 O'CLOCK P.M. ZONING DIRECTOR NEXT DISCUSSED REMOVAL OF A HAZARDOUS STRUCTURE OWNED BY FRANK WALLBERG AND STATED THAT MR, WALLBERG ALSO HAD BEEN DULY•NOTIFI:ED OF THIS HEARING BY CERTIFIED MAIL. HE INFORMED. THE BOARD THAT MR. I`IALLBERG HAS BEEN SENT SEVERAL NOTICES. MR. 14ALLBERG WAS NOT PRESENT. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER; CHAIRMAN WODTKE BEING TEMPORARILY ABSENT FROM THE MEETING, THE BOARD AUTHORIZED THE REMOVAL OF THE HAZARDOUS STRUCTURE OWNED BY FRANK D. WALLBERG, LOCATED IN VAN BERGEN AND HENDRY SUBDIVISION, TAX PARCEL 03-0010-001.9, AND INSTRUCTED THAT LIEN BE FILED AGAINST THE PROPERTY FOR THE COST OF REMOVAL. THE BOARD NEXT DISCUSSED THE REQUEST OF THE PROPERTY APPRAISER IN REGARD TO RADIOS HE WISHES TO PURCHASE AND TIE INTO THE COUNTY'S RADIO SYSTEM. IT WAS NOTED THAT THE PROPERTY APPRAISER DOES HAVE IN HIS BUDGET THE MONEY NEEDED TO PURCHASE THESE UNITS. 36 ..�X/M17 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, CHAIRMAN WODTKE BEING TEMPORARILY ABSENT, THE BOARD GRANTED APPROVAL OF THE PURCHASE OF TWO MOBILE RADIO UNITS AND ONE REMOTE CONTROL UNIT BY THE PROPERTY APPRAISER TO BE TIED INTO THE COUNTY'S RADIO SYSTEM, CHAIRMAN WODTKE, ADMINISTRATOR JENNINGS AND ATTORNEY COLLINS RETURNED TO THE MEETING AT 2:25 O'CLOCK P.M. HAMILTON ARDEN OF ARDEN INSURANCE SERVICES CAME BEFORE THE BOARD AND STATED HE HAD WRITTEN A LETTER TO FINANCE OFFICER BARTON IN RESPONSE TO A MEMO RECEIVED FROM MR. DONLON REGARDING WORKMEN'S COMPENSATION INSURANCE, BUT NOTED THAT HE DID NOT COME TODAY PREPARED TO MAKE A PRESENTATION AS NO ONE HAD THE COURTESY TO INFORM HIM THAT HE HAD A BID SITUATION FACING HIM. MR. ARDEN STATED THAT HE WAS ASKED TO BE HERE -TODAY TO.ANSWER ANY QUESTIONS THE BOARD MIGHT HAVE AS TO RENEWAL OF A POLICY THATiIS CURRENTLY IN FORCE, CHAIRMAN WODTKE STATED THAT WE ARE NOT IN A BID SITUATION- JUST LOOKING AT PROPOSALS. FINANCE OFFICER BARTON STATED THAT HE DID NOT CALL FOR A BIDS, BUT WAS TRYING TO GET AN ACCURATE FIGURE FOR BUDGET INFORMATION SINCE IN THE PAST WE ALWAYS SEEMED TO HAVE A LOWER FIGURE THAN WAS NEEDED FOR WORKMEN'S COMPENSATION. MR, BARTON CONTINUED THAT WHILE HE WAS TRYING TO GATHER THIS INFORMATION, SOMEONE CAME IN AND WISHED TO BRING IN ALTERNATE PROPOSALS. COMMISSIONER SCHMUCKER ASKED HOW MUCH THE ESTIMATES WERE OFF THIS YEAR, AND FINANCE OFFICER BARTON STATED THAT WE HAD TO PAY AN ADDITIONAL $25,000. COMMISSIONER Loy POINTED OUT THAT THE BOARD TODAY IS JUST GOING TO HEAR FROM PEOPLE THAT HAVE BEEN ENDORSED BY THE STATE ASSOCIATION OF COUNTY COMMISSIONERS TO PRESENT A PROPOSAL TO MANY OF THE COUNTIES IN REGARD TO SELF-INSURANCE. MR. ARDEN FELT IT POSSIBLY MIGHT BE IN THE BOARD'S FAVOR TO GO INTO A RISK POOL ASSOCIATION, BUT ASKED IF THE BOARD IS AWARE THAT IN THE LAST YEAR THEIR RISK PREMIUM WAS $66,000 AND HIS COMPANY PAID OUT $118,000. HE AGREED THAT SELF-INSURANCE 37 AUG ?�, 1978 IS AN ALTERNATIVE, BUT NOTED THAT WHEN YOU SELF -INSURE, YOU HAVE TO BEAR WHAT AN INSURANCE COMPANY NORMALLY DOES FOR YOU. HE FELT THESE PEOPLE MUST UNDERSTAND THE COUNTY'S LOSS RECORD AND NOTED THAT HE HAD REQUESTED THE COUNTY TO HIRE A SAFETY DIRECTOR, WHICH HAS NOT BEEN DONE. COMMISSIONER SIEBERT STATED THAT HE WILL AGREE THAT THIS SITUATION WAS HANDLED EXTREMELY POORLY, AND FELT THAT IF WE WERE GOING TO ACCEPT PROPOSALS, WE SHOULD HAVE NOTIFIED THE PERSON WHO HAS THE PRESENT POLICY. BEN PARTRIDGE OF RISK MANAGEMENT SERVICES, INC., CAME BEFORE THE BOARD AND STATED THAT HE HAD BEEN ASKED BY THE STATE ASSOCIATTON OF COUNTY COMMISSIONERS TO PRESENT THIS SELF-INSURANCE PROGRAM TO THE BOARD, AND NOTED THAT HE HAS A QUOTATION TO PRESENT WHICH IS BASED ON THE SAME PAYROLL FIGURES MR. ARDEN JUST MENTIONED. MR. PARTRIDGE STATED THAT SOME TIME AGO THE STATE ASSOCIATION STARTED LOOKING INTO A SELF-INSURANCE POOL FOR WORKMEN'S COMPENSATION AND AS OF ONE MONTH AGO, THEIR EXECUTIVE COMMITTEE VOTED TOWARDS STARTING SUCH A FUND ON OCTOBER 1ST. MR. PARTRIIYGE CONTINUED THAT HIS COMPANY IS BASED IN ORLANDO AND PRESENTLY SERVES 14 DIFFERENT ASSOCIATIONS IN THE STATE, THE MOST RECENT OF WHICH IS THE FLORIDA MUNICIPAL SELF -INSURER'S FUND WHICH PRESENTLY HAS 51 MUNICIPALITIES IN IT, INCLUDING VERO BEACH. HE EXPLAINED THAT THEY HAVE TO USE THE SAME RATES AND METHODS OF COMPUTING AS DOMESTIC CARRIERS D0, BUT THEY ARE DIFFERENT IN SEVERAL WAYS. THEY OFFER A 15% DISCOUNT ON THE MANUAL PREMIUM, AND THE COUNTY WOULD BE TAKEN OUT OF THE ASSIGNED RISK CLASS. ALSO THIS IS A NON-PROFIT FUND AND ALL EXCESS MONIES ARE RETURNED IN THE FORM OF A DIVIDEND AT THE END OF THE YEAR. THEY PROVIDE A COMPUTER PRINT-OUT TO THE MEMBER COUNTIES ON A MONTHLY BASIS, WHICH GIVES A BREAKDOWN OF LOSSES AND AN ACCURATE PICTURE OF WHAT IS CAUSING THEM. r. N PAGF 4j MR. PARTRIDGE STATED THAT THEY HAVE TWO MUNICIPAL PROGRAMS CURRENTLY GOING IN ALABAMA, AND AT THE END OF THE YEAR, THE CITIES DECLARED A DIVIDEND OF 7% AND THE COUNTIES OF 25%. HE NOTED THAT ALL THE PREMIUM DOLLARS PAID IN DRAW INTEREST. THE EXECUTIVE DIRECTOR OF THE STATE ASSOCIATION WOULD BE THE ADMINISTRATOR OF THE FUND AND A BOARD OF TRUSTEES IS MADE UP OF ELECTED OFFICIALS FROM AROUND THE STATE. CHAIRMAN WODTKE NOTED THAT THERE ARE ONLY NINE CLASSIFICATIONS OF WORKERS LISTED ON THE INFORMATION GIVEN US. MR. PARTRIDGE STATED THAT THIS WAS DONE ON A GENERAL BASIS• ACTUALLY THERE ARE SEVERAL HUNDRED CLASSIFICATIONS AND BEING PROPERLY CLASSIFIED MAY WELL SAVE YOU MONEY, DISCUSSION RETURNED TO ASSIGNED RISK, AND MR. ARDEN STATED THAT THE COUNTY HAS BEEN ON ASSIGNED RISK ONE YEAR NOW�PROMPTED BY THE UNFORTUNATE PAST YEAR S EXPERIENCE.. IT WAS NOTED THAT THE -CITY OF VERO BEACH HAS A SAFETY DIRECTOR WHO HAS DONE GOOD WORK, BUT THE PREMIUMS DO NOT SEEM TO BE GETTING ANY LOWER. COMMISSIONER Loy QUESTIONED. MR. PARTRIDGE ABOUT THE RESPONSE THEY HAVE BEEN GETTING TO THEIR SELF-INSURANCE POOL, AND HE STATED THAT THEY HAVE HAD A FAVORABLE RESPONSE AND ANTICIPATE ABOUT SIX COUNTIES GOING IN AS OF OCTOBER 1ST. HE NOTED THAT THIS PROGRAM IS NOT.SET UP FOR THE LARGE METROPOLITAN COUNTIES, BUT TO ENABLE THE SMALLER COUNTIES TO GROUP TOGETHER TO SELF -INSURE. CHAIRMAN WODTKE THANKED MR. PATRIDGE FOR HIS PRESENTATION AND NOTED THAT THE BOARD NEEDS TIME TO STUDY THE LITERATURE GIVEN THEM. COMMISSIONER SIEBERT ASKED MR. ARDEN IF THE LETTER WRITTEN TO FINANCE OFFICER BARTON IS HIS PROPOSAL, AND MR. ARDEN STATED THAT HE IS JUST PROPOSING THE COUNTY RENEW THEIR PRESENT POLICY AND WOULD LIKE TO KNOW IF THE COUNTY IS SEEKING PROPOSALS BECAUSE HE IS IN THE PROCESS OF RENEWING. MR. DONLON STATED THAT WE ARE NOT SEEKING PROPOSALS. 39 AUG 23 1978 1 -1 ENF-F-m CHAIRMAN WODTKE STATED THAT DISCUSSION OF WORKMEN'S COMPENSATION INSURANCE WILL BE PUT BACK ON THE AGENDA FOR THE NEXT REGULAR MEETING, AND ASKED THAT MR, ARDEN ALSO SUPPLY THE BOARD WITH INFORMATION ON AW ERRORS AND OMISSIONS POLICY FOR THE BOARD, CHAIRMAN WODTKE INFORMED THE BOARD THAT HE HAS RECEIVED A LETTER FROM JOHN EMMI REQUESTING WATER FOR HOMES AT OLD SUGAR MILL ESTATES, THE CHAIRMAN CONTINUED THAT HE ALSO RECEIVED A LETTER FROM MAYOR SCURLOCK DATED JULY 18TH DISCUSSING CITY WATER SERVICE OUTSIDE THE CITY LIMITS ON THE!MAINLAND, BUT ASSUMED AFTER TRAVELING TO ATLANTA TO DISCUSS THE INTENT OF THE TRIPARTITE AGREEMENT WHERE THE CITY HAD MADE IT CLEAR THAT THEY UNEQUIVOCALLY WOULD NOT SERVICE ANY AREA OUTSIDE THE CITY THAT THEY ARE NOT SERVICING NOW, THAT THE LETTER DID NOT REQUIRE A RESPONSE, HE. NOTED THAT MAYOR SCURLOCK HAS SINCE CALLED AND STATED THAT THEY WILL GIVE THIS MATTER SOME CONSIDERATION AND ASKED THAT THIS LETTER BE CONSIDERED, SAID LETTER IS AS FOLLOWS: 40 ff0 � p.� City of Verb Beach P. 0. BOX 1389 - 1034- 20th PLACE VERO BRACH, FLOR;DA - 32960 Trlrphoar 567-5931 July 18, 108 a The Honorable William C. Wodtke, Jr. Chairman, Board of County Com" issioners Indian River County ! Post Office Box 8 Vero Beach, Florida 32960 Re: City Water Service - Outside City Limits On Mainland. Dear Bill: ­ Al By letter dated February 22, 1978, John Tittle maileda letter to you requesting that the City and the County come to 'an agreement to settle ambiguities -in the bilateral agreement as amended and clarified, and which became effective upon the attachment of Annexes I and II in November of 1973. Paragraph 4 on page 3 of the tentative bilateral agreement of January 11, 1973 provides that: "It is the intent of the County to provide all water and sewer, services to the mainland portion of the County, except within areas where the City now (January 1973) provides water and sewer service." Paragraph 5 on page 4 of the tentative bilateral agreement of January 11, 1973 provides that the City may sell to the County its water distribution facilities in those mainland areas where the City supplies water services only, subject to bond ordinance, a cost formula, and certification by the City's consulting engineer. It is -the City's interpretation that paragraph 5 is still applicable because the one year time period noted therein begins to run upon the County's written request to purchase and not merely within one year from either January 11, 1973 or November 6, 1973. The questions regarding; the "areas served in 1973" is further confused by the language on pages 1 and 2 of Annex I to the said agreement where it reads: "The City ray continue to serve those customers connected to the City systems as of the date of this Annex (November 6, 1973), until the County is capable of and authorized to take over such service. The County may provide sewage collection service and water distribution service to the mainland. outside the City subject to paragraph 5, page 4 of the "City (f 1"r.ue6j"11113"Wba �7 Honorable William C. Wodtke, Jr. July 18, 1978 ` Page 2 Re: City Water Service - OutsideCity Limits On Mainland. AGREEMENT, as it relates to City owned water distribution facilities." A literal reading of the first sentence could be construed to mean.that the City was not authorized to connect any water or sewer customers outside the City limits on the mainland except by tripartite agreements, even in "areas the City was serving in 197'3." The second sentence obviously means that the County can offer to purchase the City's water facilities in the subject meas provided the City is serving those areas with water service only at the time of the offer to purchase or, perhaps, the closing of the sale. As you can see,, several points of agreement are very ambiguous'regaarding the limited areas adjacent to the City limits on the mainland. The City -proposes to resolve 'these questions, hopefully, once and for all. The City proposes to assume the specific land areas as shown in the cross -hatched areas on the enclosed map as the City's temporary water service areas until such time as the City and the County might agree to sell paid facilities to the County. The possible sale does not include the three (3) areas shown in a yellow color. The City does not provide either water or sewer service in those areas and does not plan to do so. Elliott Grosh states that those areas are not necessary to logically divide the area from either a system reliability standpoint or from the standpoint of the physical access to a later to be constructed County water and/or sewer system. The City provides sewer service only to the golf course club house north of 33rd Street (Vero Beach Country Club area) and to two (2) small subdivisions (Phyl-Ann Terrace and Vantrician Park) along 40th Avenue between 14th Street and 12th Street and along 42nd Avenue between 14th Street and 12th Street. The City does not plan to extend sewer service in any areas adjacent to the City limits on the mainland except to serve lots, if any, in those two (2) subdivisions which are not now being served by the City. The City's engineering staff believes it makes sense for the City to retain the golf course club house for both water and sewer service. There are no compelling engineering; reasons why the City could not sell both the water and sewer facilities in the two •(2) subdivisions to the County provided the County would pay the costs for relocating an existing pumping station located PAGE F; 1` t4 Honorable William C. Wodtke, Jr. July 18, 1978 ` Page 2 Re: City Water Service - OutsideCity Limits On Mainland. AGREEMENT, as it relates to City owned water distribution facilities." A literal reading of the first sentence could be construed to mean.that the City was not authorized to connect any water or sewer customers outside the City limits on the mainland except by tripartite agreements, even in "areas the City was serving in 197'3." The second sentence obviously means that the County can offer to purchase the City's water facilities in the subject meas provided the City is serving those areas with water service only at the time of the offer to purchase or, perhaps, the closing of the sale. As you can see,, several points of agreement are very ambiguous'regaarding the limited areas adjacent to the City limits on the mainland. The City -proposes to resolve 'these questions, hopefully, once and for all. The City proposes to assume the specific land areas as shown in the cross -hatched areas on the enclosed map as the City's temporary water service areas until such time as the City and the County might agree to sell paid facilities to the County. The possible sale does not include the three (3) areas shown in a yellow color. The City does not provide either water or sewer service in those areas and does not plan to do so. Elliott Grosh states that those areas are not necessary to logically divide the area from either a system reliability standpoint or from the standpoint of the physical access to a later to be constructed County water and/or sewer system. The City provides sewer service only to the golf course club house north of 33rd Street (Vero Beach Country Club area) and to two (2) small subdivisions (Phyl-Ann Terrace and Vantrician Park) along 40th Avenue between 14th Street and 12th Street and along 42nd Avenue between 14th Street and 12th Street. The City does not plan to extend sewer service in any areas adjacent to the City limits on the mainland except to serve lots, if any, in those two (2) subdivisions which are not now being served by the City. The City's engineering staff believes it makes sense for the City to retain the golf course club house for both water and sewer service. There are no compelling engineering; reasons why the City could not sell both the water and sewer facilities in the two •(2) subdivisions to the County provided the County would pay the costs for relocating an existing pumping station located PAGE F; 1` f a 1i . I8 Honorable William C. Wodtke, Jr. July 18, 1978 Page 3 Re: City Water Service - Outside City Limits On Mainland. At 40th Avenue and 14th Street, and to pay for the facilities pursuant to the conditions of paragraph 5 on page 4 of the January AGREE' NT. , The City would pay the material and labor costs of physically separating the City's water and sewer system at the various City limits. We would propose to formalize the above agreement with an Annex III to the basic AGREEMENT, with your cooperation, at the earliest possible time. Please place this proposal on your Board Meeting Agenda for July 19, 1978, or as soon thereafter as possible. Sincerely yours, Don C. Scurlock, Jr.t_ Mayor Enclosure (map) cc: All Members of the Board of County Commissioners George J. Collins, Jr., County.Attorney fl n U ,,qq x z a C3 ( l,l .....59th Ave. v a Kin 11 r ' � 1 AH �__-- »I %—• f ` N _ SMA. S UI 8 • �.{'7 ,¢IRAN-_ I . A rn .e a (, 49th An I f' 4 '" �'• 1lrads Wry; r gu... _- • '; .F.� -.. j�� t� 91W AtL I / p S , . 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'�. ^� v t� t; )1 '' .. falome 0 I I � ,.., t , w .r, � 214 Altt i ` •- - r11h An I� �:�^ 9 '� i csi I I 11� .,,• 0°�1 v..VA"pPoorpvl III O <n T Gil, � Ct x i I t r y `� •• � Gtl,lAm I r Ul %;;a; • 0 m ;� aV ,td R I CCC%% t 5th Cl 5th 1:1 •: n :'„�'' d�5tM1 A.~ 1 y �� Z �.. ,--_•... __._�.._._ ,_ I UI 516 !'Aw �+ 1 r 3' vv S1h An V Sth Av, I v, Cvntrt .-e ^1 ly :r'y+y rgw^e r 4th Ct Un l'1 �' is '• ', �� i ' t I 1 , �1 cf 4th Aw 411, A ^C ...�__.,_.,.... �•' J'dCl_.; tit! .3' r �;:":1 •� i w W«a tt.nhnt ih J j ij I ' •-'��~ A. .,n ( 1 .. .III,I�Itl�'k"0.✓z;{ 1 ::�I •r�� ��� t'' ,� ,� ♦ ��J/'7 .="..-� ��� 7,-, UG 23 197 CHAIRMAN WODTKE INFORMED THE BOARD THAT ENGINEER BEINDORF HAS PREPARED A LARGE MAP, SHADING IN THE AREAS IN AGREEMENT WITH THE 1973 TRIPARTITE AGREEMENT, VERIFYING THE AREAS BEING SERVED AND WHAT THE CITY IS PROPOSING, APPARENTLY THE CITY IS TRYING TO SQUARE OFF SOME AREAS AROUND COUNTRY CLUB POINT AND BETWEEN GOLF VIEW ACRES AND THE CITY LINE. ENGINEER BEINDORF FELT IT MIGHT BE WISE TO CONSIDER HAVING THE CITY SERVICE GO ALL THE WAY UP TO THE NEW HOSPITAL SO THERE WOULD BE NO HIATUS, HE NOTED THAT WEST OF 10TH COURT AND 11TH AVENUE, THERE IS A LITTLE AREA ZONED MULTIPLE FAMILY WHICH WOULD BE MOST DIFFICULT FOR THE COUNTY TO SERVE. THE AREA AROUND GOLF VIEW ACRES WOULD SQUARE UP WITH 50TH AVENUE AND SOUTHWEST OF TROPICOLONY, HE FELT THE PROPOSAL TO SQUARE OFF THESE AREAS MAKES SENSE, COMMISSIONER SIEBERT ASKED HOW THIS AFFECTS THE "201" FACILITIES PLAN, BUT ENGINEER BEINDORF NOTED THAT ONLY INVOLVES WASTE WATER AND WOULD NOT BE INVOLVED. THE BOARD CONTINUED TO REVIEW THE MAP AND THE AREAS IN QUESTION. COMMISSIONER LOY ASKED IF IT IS CORRECT TO ASSUME THAT THE CITY HAS INDICATED THEY WOULD LIKE TO SQUARE THESE OFF AND WOULD LIKE TO ACCEPT THESE AREAS AS THEIR SERVICE AREAS AND THE ALLOCATION OF THE WATER.WOULD NOT COME OUT OF THE COUNTY'S ALLOCATION. SHE ALSO ASKED IF AND WHEN THE COUNTY WOULD LIKE TO SERVE THESE AREAS, WHETHER WE CAN REQUEST THEY BE TURNED BACK TO US AND WE CAN REIMBURSE THE CITY FOR WHAT THEY HAVE IN THERE. ATTORNEY COLLINS FELT WE WILL JUST HAVE TO PUT A PROPOSAL IN WRITING AND SEE WHAT HAPPENS, ATTORNEY COLLINS NOTED THAT IT IS CONCEIVABLE THE COUNTY EVENTUALLY WILL HAVE A PLANT IN THE SOUTH COUNTY AREA AND BE IN A POSITION TO RELIEVE THE CITY, ENGINEER BEINDORF AGREED, BUT NOTED EVEN IF.THE COUNTY COULDN'T PURCHASE THESE SERVICE AREAS BACK, IT WOULD NOT BE THAT MUCH OF A PROBLEM. Me= LSI mrm 6 cr 137 CHAIRMAN W.ODTKE FELT THE BOARD IN ADDITION, MUST CONSIDER THE REQUEST FOR WATER SERVICE FROM OLD SUGAR MILL ESTATES AND THE LETTER FROM CITY MANAGER LITTLE ABOUT THE POSSIBILITY OF UTILIZING THE LINE TO THE COLLEGE. THE CHAIRMAN DISCUSSED POSSIBLE REALLOCATION OF THE COLLEGE S WATER OR REQUESTING THEM TO LET SOMEBODY ELSE USE IT. HE STATED THAT HE WOULD LIKE TO SEE THE CITY TAKE THE ENTIRE AREA OUT TO KINGS HIGHWAY AND FELT IT WOULD BE LOGICAL TO ASK THE CITY IF THAT IS WHAT THEY WANT TO DO. MR. REINFORF AGREED AND NOTED THAT 50% OF THIS AREA IS IN GROVES AND WILL BE LOW DENSITY SO THE COUNTY WOULD NOT BE GIVING UP A GREAT DEAL. CHAIRMAN WODTKE ASKED IF WE CAN AUTHORIZE.THE CITY TO UTILIZE THE WATER ALLOCATED TO THE COLLEGE. ATTORNEY COLLINS STATED THAT THIS COULD NOT BE DONE WITHOUT THE COLLEGES CONSENT. VINCENT MONTUORO, OWNER OF A LOT IN OLD SUGAR MILL ESTATES, FELT THE COLLEGE HAS BEEN ALLOCATED MUCH MORE THAN THEY NEED AND CAN USE WITH THE RESULT THAT THEY CAN T EVEN DRINK THE WATER BECAUSE IT IS STALE FROM STAYING IN THE PIPE SO LONG. HE NOTED THAT THEY HAVE HAD TO DUMP WATER TO FLUSH THE PIPE. MR. MONTUORO FELT WE WOULD BE DOING THE CITY, THE COUNTY AND THE COLLEGE A FAVOR BY UTILIZING SOME OF THIS WATER. ENGINEER BEINDORF FELT IT MIGHT HELP THE SITUATION TO SOME DEGREE AND AGREED THAT IT WOULD BE BETTER TO USE THE WATER THAN DUMP IT ON THE GROUND. COMMISSIONER Loy CONCURRED, BUT POINTED OUT THAT THE FIGURES ESTIMATED FOR THE COLLEGE WERE GIVEN US BY THE CITY ENGINEER. MR. MONTUORO STATED THAT THE POINT HE IS MAKING IS THAT THE CITY OF VERO BEACH HAS A LARGE ENOUGH LINE AND WATER TO SERVICE THAT WHOLE AREA, COMMISSIONER, SIEBERT FELT WE OUGHT TO ACCEPT THE CITY'S PROPOSAL IN PRINCIPLE, SUGGESTING EXTENSION OF THE PROPOSED AREAS AND THEN LET THE ENGINEERS GET TOGETHER WITH THE CITY TO SEE WHAT CAN BE WORKED OUT. 73M 46 MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, TO ACCEPT THE PROPOSAL OF THE CITY OF VERO BEACH RE EXTENSION OF WATER SERVICE AREA IN PRINCIPLE AND ASK THEM TO EXTEND DOWN 12TH STREET FROM THE END OF THEIR PROPOSED SERVICE AREA OUT TO KINGS HIGHWAY, NORTH TO THE RELIEF CANAL, AND BACK EAST TO THE PROPOSED SERVICE AREA, AND ALSO EXTEND THE SERVICE AREA WEST FROM THE VERO REACH COUNTRY CLUB GOLF COURSE TO THE EAST SIDE OF U.S. 1 AND NORTH TO THE CITY LIMITS AS ADJUSTED BY THE ENGINEERS AND ATTORNEY. THE CHAIRMAN ASKED IF IT IS THE INTENT OF THE,MOTION THAT WE WOULD LIKE TO HAVE THE OPTION TO EVENTUALLY TAKE OVER THE SERVICE AREA IN ACCORDANCE WITH THE ORIGINAL AGREEMENT, AND COMMISSIONER SIEBERT STATED THAT IT IS. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. .JOHN EMMI AND JACK DRITENBAS THANKED THE BOARD FOR THE ACTION JUST TAKEN AND THEIR EFFORTS TO SECURE WATER FOR THE AREA NEAR THE COLLEGE. � ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS RECEIVED A LETTER FROM THE MOORINGS AGREEING TO OUR REQUEST TO RELEASE 31 WATER TAPS TO THE COUNTY, SUBJECT TO THE COUNTY AND THE CITY ENTER- ING INTO AN AGREEMENT AS TO THE USE OF THE TAPS. THE LETTER IS AS FOLLOWS: 47 August 18, 1978 Mr. George G. Collins, Jr. Attorney to the Board of County Commissioners Indian River County Vero Beach, Florida 32960 Dear Joe, This letter is in response to your letter of July 21st to Michael O'Haire in which you request The Moorings to release 31 water taps to the County without restrictions. r We have carefully reviewed our future tap requirements and we are willing to release them, gambling that additional water supplies will become available to the South Beach area before the Moorings needs the last 31 taps. However;�wq have been advised by counsel that we do not have the authority to release any water taps to the County without the concurrence of the City of Vero Beach. We, therefore, suggest that the County negotiate an agreement with the City for the release of these 31 taps, having our assurance that if a satis- factory arrangement is made with the City, the Moorings will reduce by 31 the number of taps which it holds for future service from the.City. Additionally, we wish to stipulate that said 31 water taps shall be limited to 5/8" in size. We assure you Of our desire to be helpful to the County and to the South Beach residents, and will await .your response. Sincerely, MOOR INGS DEVELOPMENT CO. ! Richard Allen Vice President cc: RSA/mcp 3355 SOUTH OCEAN DRIVE . P.O. BOX 3160, BEACH STATION, VERO BEACH, FLORIDA 32960 . 305-567-5131 THE ATTORNEY STATED HE WOULD LIKE TO HAVE AUTHORITY TO GO AHEAD AND DISCUSS THIS WITH THE CITY ALONG WITH THE OTHER WATER MATTERS, 48 AUG 2 3 1978 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD AUTHORIZED ATTORNEY COLLINS TO DISCUSS THE USE OF THE 31 WATER TAPS RELEASED BY THE MOORINGS WITH THE CITY OF VERO BEACH. PLANNING DIRECTOR REDICK INFORMED THE BOARD THAT HE RECEIVED A TELEPHONE CALL FROM HUD IN ATLANTA RELATIVE TO THE FLOOD INSURANCE ORDINANCE STATING THAT THE ORDINANCE IS DEFICIENT, AND HE ASKED THEM TO GET SOMETHING TO US IN WRITING. PLANNING DIRECTOR REDICK STATED THAT HE AND ATTORNEY COLLINS HAVE PUT TOGETHER A REVISED EMERGENCY FLOOD ORDINANCE. ATTORNEY COLLINS NOTED THAT THE FLOOD ORDINANCE PASSED TWO WEEKS AGO IS EXACTLY THE SAME AS THE ONE PASSED BY BREVARD COUNTY AND APPROVED BY HUD, BUT APPARENTLY THEY HAVE NOW ADDED SOME NEW REQUIREMENTS. HE CONTINUED THAT WHEN MR. REDICK RECEIVED THE LETTER YESTERDAY, THEY AMENDED THE ORDINANCE AND ADDED IN THE ADDITIONAL REQUIREMENTS. PLANNING DIRECTOR REDICK REVIEWED IN DETAIL THE VARIOUS NEW REQUIREMENTS ADDED TO THE ORDINANCE, AND ATTORNEY COLLINS EXPLAINED THAT THIS IS A SITUATION WHERE THE FEDERAL GOVERNMENT HAS MANDATED WHAT YOU -':MUST DO IN ORDER TO GET THE BENEFIT. HE STATED THAT HE AND THE PLANNING DIRECTOR ARE VERY APPREHENSIVE ABOUT THE ORDINANCE, BUT FEEL THAT THIS IS THE BEST THAT CAN BE .DONE UNDER THE CIRCUMSTANCES, .PLANNING DIRECTOR REDICK AGREED THAT THE ORDINANCE SETS OUT THE ABSOLUTE MINIMUM RESTRICTION THAT HE FEELS WE CAN GET BY WITH, MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LAY, TO DECLARE THAT AN EMERGENCY SITUATION EXISTS AND ADOPT EMERGENCY ORDINANCE N0. 78-25 AMENDING ORDINANCE 78-22 IN TOTO. COMMISSIONER SCHMUCKER EXPRESSED A GREAT CONCERN WITH THE STRINGENT REQUIREMENTS OF THE ORDINANCE WHICH COULD RESULT IN CONSIDERABLE COST FOR A DEVELOPER, BUT AGREED THAT WE HAVE NO ALTERNATIVE, THE CHAIRMAN CALLED FOR THE QUESTION, IT WAS VOTED ON AND CARRIED UNANIMOUSLY, AUG 2 3 1978 49 59 Four 1 INDIAN RIVER COUNTY ORDINANCE 78- 25 AN EMERGENCY ORDINANCE AMENDING ORDINANCE 78-22 IN TOTO APPLYING TO MINIMUM STANDARDS FOR PRO- CEDURES FOR CONSTRUCTION OF NEW RESIDENTIAL AND NONRESIDENTIAL STRUCTURES UNDER THE FEDERAL FLOOD INSURANCE PROGRAM BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That Indian River County Ordinance 78-22 is amended in toto as follows: 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 nonresiden- tial 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 Pro- gram and so that the construction of such structures will be in conform- ity with recognized construction techniques designed to offer flood protection. Section 2. DEFINITIONS. For the purpose of this Section, the following definitions shall apply in the interpretation, enforcement and intent of this Section. 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 not merely directory. BUILDING PERMIT: The permit as required by The Standard Building Code, as adopted in the Indian River County Code, which shall in addition include a permit for dredging and grading as provided for herein. COASTAL HIGH HAZARD AREA: The portion of a coastal floodplain having food 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 waves or rising coastal water resulting from severe storms, hur- ricanes or tidal waves. FLOOD MAPS OR FLOOD HAZARD BOUNDARY 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 mumbered 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 attemps to use the floodproofing techniques in order to satisfy the requirements of this Article as to ..r nonresidential 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). LOWEST FLOOR ELEVATIONS: The elevation of the lowest supporting member of the lowest floor of any building including basements. SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction, or improvement 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 administrative 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 specified 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 AKticle. Section 4. REQUIREMENTS FOR RESIDENTIAL CONSTRUCTION. Within those unincorporated areas of Indian River County designated as 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 flood hazard areas by the flood maps, all new construction of 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 floodproofed 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 -2- AUG ? 3 1978 flood maps, no land below the level of the one -hundred -year flood shall be developed unless the new construction or substantial improvement shall: (1) Be located landward of the reach of the mean high tide; s (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 inpact of abnormally high tides or wind -driven water is minimized. Section 8. BUILDING PERMIT APPLICATIONS REVIEWED PRIOR TO ISSUANCE. Within those unincorporated areas of Indian River County designated as flood hazard areas by the flood maps, all building permit applications for new construction or substantial inprovemgnts 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 designed or modified and anchored to prevent flotation, collapse or lateral movement of the structure; (3) Use•construction materials and utility equipment that are resistant to flood damage; (4) Use construction methods and practices -that will minimize flood damage; (5) Determine that all necessary federal and state permits have been previously obtained and copies of all permits required by federa-1 and state agencies shall accompany the ap- plications for building permits; (6) Determine that -all space below the lowest supporting member of the lowest floor including basements shall be open so as riot to impede the flow of water; (7) -'*Determine that all buildings or structures located in "V°' zones shall be securely anchored on pilings or columns which shall be designed and anchored so as to withstand all applied loads of the base flood flow in compliance with this sub- section, and that such anchoring be certified by a registered professional engineer or architect; (a) Use no fill as structural support; (9) Make no alterations of sand dunes or mangrove stands which could increase potential flood damage; and (10) In any case where breakaway walls are planned, they, not be part of the structural support of the building. Section 9. SUBDIVISION REQUIREMENTS: (1) All subdivision proposals shall be consistent with the need to minimize flood damage; ovap 36 FLUE 114 (2) All subdivision proposals shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage. (3) All subdivision proposals shall have adequate drainage provided to,reduce exposure to flood hazards. s (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of fifty lots or five acres. Section 10. PUBLIC FACILITIES REQUIREMENTS. 11 (1) All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system. (2) (a) New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into the flood waters. (b) On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. Section 11. MOBILE HOME STRUCTURES. (1) (a) No mobile home shall be placed in a floodway or Coastal High. Hazard Area, except in an existing mobile home park or existing mobile home subdivision. (b) All mobile homes in Flood Hazard Areas shall be anchored to resist flotation, collapse or lateral move- ment by providing over -the -top and frame ties to ground anchors. Specific requirements shall be that: (i) over -the -top ties be provided at each end of the mgbile home, with one additional tie per side at an intermediate location on mobile homes of less than fifty feet and one additional tie per side for mobile homes of fifty feet or more; (ii) frame ties be provided at each corner of the home with four additional ties per side at intermediate points for mobile homes less than fifty feet long and one additional tie for mobile homes of fifty feet or longer; (iii) all components of the anchoring system be capable of carrying a force of 4,800 pounds; and, (iv) any additions to the mobile home be similarly anchored. , (2) For new mobile home parks and subdivision; for expansions to existing mobile home parks and subdivisions; for existing mobile home parks and subdivisions where the repair, reconstruction or improvement of the streets, utilities, and"pads equals or exceeds fifty per cent of value of the streets, utilities and pads before the repair, .recon- struction or improvement has commenced; and, for mobile homes not placed in a mobile home park or subdivision require: (a) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; -4- 1 (b) adequate surface drainage and access for a hauler are pro- vided; and, (c) in the instance of elevation on pilings: (i) lots are large enough to permit steps; (ii) piling foundations are placed in stable soil no more than ten feet apart; and (iii) reinforcement is provided for pilings more than six feet above ground level. Section 12. OTHER STRUCTURES. (1) In those areas where base flood elevation date has not been provided prior to the issuance of a building permit a review shall be made of all base flood elevation data available from a federal, state or other source, in order to administer criteria for requiring new or substantial improvements of residential structures to be elevated to or above the base flood elevation. A like review shall be made for all new or substantial improvements of nonresidential structures to be elevated or to be floodproofed to or above the base flood level. Said review shall be performed by the Indian River County Planning acid Zoning Department upon request of the Indian River County Building Department. (2) In all unincorporated areas of Indian River County East of the Florida East Coast Railway right-of-way no building permit shall be issued for any structure having less that five feet first floor elevation as defined in Sections 4 and 5 of this Ordinance. Section 13. DREDGING AND GRADING. In all Flood Hazard Zones East of the Florida East Coast Railway in the unincorporated areas of Indian River County no dredging or grading shall be performed without a building permit issued by the Indian River County Building Department. THIS ORDINANCE shall become effective August 23, 1978. THIS ORDINANCE was passed on an emergency basis after the Board determined an emergency existed. The vote on the Ordinance was: Commissioner Deeson Aye Commissioner Schmucker Aye Commissioner Siebert Aye Commissioner Loy Aye Chairman Wodtke Aye PAGE ATTORNEY COLLINS NOTED THAT THERE WILL BE A RESIGNATION AND AN APPOINTMENT TO THE PROPERTY APPRAISAL :ADJUSTMENT BOARD NEXT MONDAY, AUGUST 28, 1978, AND HE SUGGESTED THAT THE CHAIRMAN MAKE THIS APPOINTMENT NOW SO THAT IT WILL BE REFLECTED IN THE COMMISSION MINUTES. CHAIRMAN WODTKE THEREUPON APPOINTED COMMISSIONER DEESON TO REPLACE COMMISSIONER SCHMUCKER ON THE PROPERTY APPRAISAL ADJUSTMENT BOARD AS OF MONDAY, AUGUST 28, 1978, ATTORNEY COLLINS SPOKE OF PETITIONS RECEIVED ,FROM THE TOWN OF INDIAN RIVER SHORES IN REGARD TO DUAL TAXATION AND STATED THAT HE FEELS THE INDEPENDENT MUNICIPALITIES ARE ENTITLED TO SOME SPECIFIC INFORMATION AND THAT THE COURTY IS GOING TO HAVE TO PROVIDE IT. ATTORNEY COLLINS POINTED OUT THAT FINANCE OFFICER BARTON DOES NOT HAVE THE TIME TO SPEND ON THIS AND SUGGESTED THAT THE COUNTY HIRE AN ADVISOR TO ASSIMILATE THIS INFORMATION FOR THE MUNICIPALITIES, PARTICULARLY THE TOWN OF INDIAN'RIVER SHORES. COMMISSIONER SIEBERT FELT THAT WE NEED AN EXTENSION OF TIME TO ANgWF,R, AND'THE ATTORNEY AGREED THAT WE SHOULD ASK INDIAN RIVER SHORES FOR AN EXTENSION, BUT THAT HE WOULD LIKE TO SEE THE COUNTY PROCEED WITH HIRING SOMEONE WITH EXPERIENCE IN PUTTING TOGETHER SUCH INFORMATION. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE HIRING OF SOMEONE WITH THE EXPERIENCE NECESSARY TO ASSIMILATE THE INFORMATION IN REGARD TO DUAL TAXATION DESIRED BY THE MUNICIPALITIES. CHAIRMAN WODTKE WILL WRITE THE TOWN OF INDIAN RIVER SHORES REQUESTING AN EXTENSION OF TIME. COMMISSIONER DEESON ASKED IF THE TOWN OF SEBASTIAW COULD BE ADVISED OF THE ACTION WE ARE TAKING, AND THE BOARD AGREED THIS COULD BE DONE. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS HEARD FROM SEVERAL SOURCES THAT THE PRESIDENT OF INDIAN RIVER UTILITIES AND TREASURE COAST UTILITIES, LOWELL LOHMAN, HAS LEFT THE COUNTY. THE 55 111 ATTORNEY NOTED THAT WE HAVE HAD A SERIOUS PROBLEM IN THE PEBBLE BAY SEWER PLANT DUE TO LACK OF MAINTENANCE AND HAVE BEEN UNABLE TO LOCATE MR. LOHMAN. HE CONTINUED THAT WE AMENDED THE AGREEMENT WITH MR. LOHMAN SO WE COULD TERMINATE WITHOUT CAUSE, AND UNDER THE CIRCUMSTANCES,HE FELT THE COUNTY COULD AND SHOULD TERMINATE THE CONTRACT WITH TREASURE COAST UTILITIES, INC., IMMEDIATELY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY TERMINATED THE AGREEMENT BETWEEN THE COUNTY AND TREASURE COAST UTILITIES, INC., DATED APRIL 15, 1976. ATTORNEY COLLINS NOTED THAT ALL THE PROPERTY OWNERS IN THE AREA HAVE BEEN SENDING THEIR BILLS TO MR. LOHMAN AND HE SUGGESTED THE BOARD AUTHORIZE THE ADMINISTRATOR TO SEND A NOTICE TO EACH OF THE CUSTOMERS INDICATING THAT NO MORE PAYMENTS ARE TO BE MADE TO MR. LOHMAN BUT SHOULD BE ADDRESSED TO THE ADMINISTRATOR OR WHOEVER THE BOARD WISHES TO DESIGNATE. { ASSISTANT ADMINISTRATOR NELSON STATED THAT THEY HAVE A LIST OF THE PEOPLE ON THAT SERVICE RIGHT NOW, AND NOTED THAT THERE WILL BE A GREAT NUMBER OF EXPENSES INVOLVED BECAUSE THE PLANT IS IN BAD SHAPE, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER .Loy, THE BOARD UNANIMOUSLY INSTRUCTED THE ADMINISTRATOR TO IMMEDIATELY NOTIFY THE CUSTOMERS ON THE PEBBLE BAY SEWER SYSTEM NOT TO MAKE ANY FURTHER PAYMENTS TO INDIAN RIVER UTILITIES OR TREASURE COAST UTILITIES, BUT TO MAKE ALL FUTURE PAYMENTS TO INDIAN RIVER COUNTY, AND FURTHER INSTRUCTED THE ADMINISTRATOR TO ARRANGE WITH THE FINANCE DEPARTMENT TO GET THIS ON THE COMPUTER FOR HANDLING. ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT THEY HAVE MADE A DETAILED INSPECTION OF THE PEBBLE BAY TREATMENT SYSTEM, AND THE FOLLOWING THINGS NEED TO BE DONE TO THE SEWER PLANT ITSELF: 1. REPAIR AND REINSTALL CHLORINATION SYSTEM, 2. OBTAIN A NEW PUMP AS ONE IS MISSING. 3. REWORK THE ALARM SYSTEM AND INSTALL TIME CLOCKS TO SET OFF THE PUMPS. 56 '� PAGE I l - h W HE CONTINUED THAT AT PEBBLE BAY LIFT STATION #1 THE MOTOR AND PUMP ARE CURRENTLY BEING OVERHAULED;AND AT THE LIFT STATION ACROSS THE STREET FROM THE SEWAGE TREATMENT PLANT, THE SECOND MOTOR AND PUMP ARE MISSING AND NEED TO BE INSTALLED. ALSO THE PUMP GOING RIGHT NOW NEEDS TO BE REWORKED. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO INVENTORY ALL THE ASSETS OF THE PEBBLE BAY SEWER TREATMENT PLANT; MAKE A DETERMINATION OF WHICH ASSETS ARE MISSING; TAKE SUCH STEPS AS ARE NECESSARY TO ASCERTAIN WHAT HAPPENED TO THE MISSING EQUIPMENT; AND APPROVED THE FOLLOWING BUDGET AMENDMENT, AUTHORIZING THE EXPENDITURE OF UP TO $5,000 OUT OF THE GENERAL FUND CONTINGENCY ACCOUNT TO MAKE THE IMMEDIATE MAINTENANCE CORRECTIONS NECESSARY TO KEEP THE SYSTEM FUNCTIONING; ACCOUNT TITLE ACCOUNT NO, INCREASE DECREASE MAINT. BLDG. & GROUND 01-7101-338.00 $5,000 RES. FOR CONTINGENCY 01-9990-701.00 $5,000 ADNRINISTRATOR JENNINGS ASKED ABOUT THE OTHER SMALL SEWER PLANTS IN THE SOUTH BEACH AREA, AND THE BOARD FELT THAT ANY PROBLEMS WITH THESE COULD BE HANDLED AS THEY ARISE. ATTORNEY COLLINS SUGGESTED THAT THE BOARD GIVE SOME THOUGHT TO THE POSSIBILITY OF TAKING ACTION AGAINST THE DEVELOPER AND THE BONDING COMPANY WITH REGARD TO THE DEFAULT ON SEMINOLE SHORES, BUT NOTED THAT IF ANY ACTION WAS TAKEN, THE COUNTY WOULD HAVE TO PUT IN THE IMPROVEMENTS. FURTHER DISCUSSION ENSUED IN REGARD TO THE POSSIBILITY OF OTHER EMERGENCY SITUATIONS ARISING WITH OTHER SEWER FRANCHISE OPERATIONS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR, THE CHAIRMAN AND THE ATTORNEY TO TAKE WHATEVER ACTION IS NECESSARY IN THE EVENT ONE OF THE SEWER FRANCHISE OPERATIONS GETS INTO AN EMERGENCY SITUATION. COMMISSIONER LOY NOTED THAT SAFETY CITY NEEDS SOME POSTS PUT ALONG THEIR PAVED ROADWAY IN ORDER TO KEEP CARS OUT OF THE CENTER 57 NOR 36 PAGF L x= h e SECTION OF THEIR PROJECT. SHE STATED THAT THEY .ARE URGENTLY TRYING TO COMPLETE THIS BY SEPTEMBER 10TH AND TURN IT OVER TO THE SCHOOL BOARD AND NEED THE COUNTY'S HELP IN DIGGING THE HOLES AND PUTTING IN THE MARKERS. SHE ASKED IF THE ADMINISTRATOR HAD ANY ESTIMATE OF WHAT IT MIGHT COST TO DO WHAT SAFETY CITY WANTS DONE. ADMINISTRATOR .JENNINGS STATED THAT IT WOULD TAKE FOUR OF OUR PEOPLE NOT OVER THREE DAYS TO DO THE JOB. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO ASSIST SAFETY CITY IN FINALIZING THEIR DRIVEWAY MARKERS. CHAIRMAN WODTKE INFORMED THE BOARD THAT HE HAS NOT YET RECEIVED A REPLY FROM THE SCHOOL BOARD SUGGESTING TWO APPOINTMENTS TO THE VACANCIES ON THE EOC BOARD AND WOULD LIKE TO CONTINUE THIS TO THE NEXT MEETING. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No, 78-55 HONORING .JACK DOWNS FOR HIS SERVICE AS A BOARD MEMBER ON THE ECONOMIC OPPORTUNITIES COUNCIL. 9.9 AUG36 120 23 1978 AUS 3 1978 LSI A 0 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA RESOLUTION NO. 78- 55 WHEREAS, JACK DOWNS, was appointed by the Board of County ommissioners of Indian River County, Florida, to serve as a oard Member on the Economic Opportunities Council in Decdmber of 1975; and WHERE -AS, JACK DOWNS has'served on the Fjoard of Economic Opportunities Council with distinction, representing the interests f all of the people of Indian River County; and WHEREAS, during his tenure as a Board Member on the Economic Opportunities Council JACK DOWNS served as a-Member'of the Executive Committee during the year 1977, as,a Member of the Planning Committee during the year 1977, and as a Member of the Finance Committee during the year 1978 until his resignation in June of 1978; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the Board, on behalf of itself and the citizens of Indian River County, Florida, expresses its deep appreciation to JACK DOWNS for a job well done; and BE IT FURTHER RESOLVED, that the Board wishes JACK DOWNS every success in his future endeavors. Said Resolution shall become effective as of the 23rd day of August 1978. V, Ze t 'Ile "Let Ps-Chairman, County Commis loiters - - - - - - - - - - - - - tot PAUL. ADMINISTRATOR .JENNINGS REQUESTED PERMISSION TO INSTALL SOME CORRUGATED PIPE UNDER DITCH 9 IN FELLSMERE FOR DRAINAGE PURPOSES, ON.MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO INSTALL 30' OF 15" CORRUGATED PIPE AT THE SOUTHWEST CORNER OF DITCH 9 IN FELLSMERE, 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, 58892 - 58974 INCLUSIVE, SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES, THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED,RTHE BOARD ADJOURNED AT 5:05 O'CLOCK P.M. ATTEST: 2 at 4; CLERK CHAIRMAN AUG 23 1978 o 36 122