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HomeMy WebLinkAbout9/6/1978WEDNESDAY, SEPTEMBER 6, 1978 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,'MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, SEPTEMBER 6, 1978, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; i}ILLARD W. SIEBERT, JR.; EDWIN S. SCHMUCKER; AND R. DON DEESON. ALSO PRESENT WERE JACK G. JENNINGS, COUNTY ADMINISTRATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; L.S, "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; JEFFREY K. BARTON, FINANCE OFFICER; AND VIRGINIA HARGREAVES, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER, CHAIRMAN WODTKE LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND DONALD MILLER, COMMUNITY CHURCH -UNITED CHURCH OF CHRIST,. GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF JULY 19, 1978, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR.MEETING OF JULY 19, 1978, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF AUGUST 9, 1978. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF _AUGUST 9, 1978, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF AUGUST 14, 1978. COMMISSIONER LOY REQUESTED THAT ON PAGE 1, THE 3RD PARAGRAPH, "SEPTEMBER 9, 1978" BE CORRECTED TO READ "SEPTEMBER 6, 1978." THIS CORRECTION HAVING BEEN MADE, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF AUGUST 14, 1978, AS WRITTEN. BOOK 6 PAC; l l THE BOARD DISCUSSED THE CLERKS AGENDA AND LETTER RECEIVED FROM SHERIFF JOYCE OBJECTING TO THE ISSUANCE OF A PERMIT TO CARRY A CONCEALED FIREARM TO CARL 0. JONES, III, AS FOLLOWS: o P. O. BOX 608 � `, 5 PHONE 562-7911 SAM T. JOYCE . INDLIAT JUIW,R cfOU,vn, MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION , V111?0 bF.AC11, Lrr Ottr»A ;3Loc;0 August 29, 1978 Mr. William C. Wodtke, Jr. Chairman - Board of County Commissioners Indian River County County Courthouse Vero Beach, Florida 32960 Re: Car!' 0. Jones, III (Pistol Permit) dob: 3/23/55 ,y f Dear Mr. Wodtke: b The above named Carl 0. Jones III, a.resident of Indian River County for 22 years and previously of Spartanburg, South Carolina has applied to the Board of County Commissioners of Indian River County for a pistol permit. A letter from his employer, MacKenzie's Canine Corps & Security, Inc. requests that a county pistol permit be issued to Cas -1 0. Jones, III, while engaged with his employment because he will not be in uniform and would like it for carrying a concealed weapon. Please be advised that according to the Florida Statues, a county gun permit can not be used in lieu of the 'class G' license. Carl 0. Jones III, does have the Class G license, and the reason for wanting the county gun permit is for his employment; we feel that you should not grant this permit. Cor i �1ly, SAM T. JOYCE, SFtRIFP Indian River County /bJ r 2 THE BOARD CONCURRED WITH THE SHERIFF'S LETTER AND DID NOT APPROVE ISSUANCE OF A PERMIT TO CARRY A CONCEALED FIREARM TO CARL O. JONES, III. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM OF THE FOLLOWING: ALFRED BI LY HORNE ARIE M XNDERSON JUDITH URgER HAM ' KONNIE. ROCK ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM OF: DAVID F. ALBRECHT JAMES W. WILSON .JOHN L. BARR I E ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT AS RECOMMENDED BY THE FINANCE OFFICER TO CORRECT A DEFICIT CAUSED BY CERTAIN EXPENSES HAVING BEEN PAID BY THE PROPERTY APPRAISER'S BUDGET WHICH SHOULD NOT HAVE BEEN. SAID BUDGET AMENDMENT IS AS FOLLOWS: ACCOUNT TITLE ACCOUNT N0. INCREASE DECREASE COUTHOUSE & ANNEX MAINT.- gUILDINGS & GROUNDS 01-2670-337.00 $500 RES. FOR CONTINGENCIES 01-9990-701.00 $500 ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER LOY,.THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR JUDITH WAKEFIELD, COUNTY EXTENSION DIRECTOR, AND PETE SPYKE, AGRICULTURAL SEECIALIST, AS FOLLOWS: JUDITH WAKEFIELD: SEPT. 7 FT. PIERCE AREA EXTENSION STAFF MEETING PETE SPYKE: SEPT. 12-13 WINTER HAVEN F�I ORIDA CITRUS GROWERS INSTITUTE 6TATEWIDE CITRUS SEMINAR) SEPT. 20 & 27 ORLANDO AGRI�jULTURAL PROD CTION ECONOMICS AND SOURCE USE �N-SERVICE TRAIN- ING (ON STATE FUNDS) S SSS ONS WILL jb HH LD ON WEDNESDAYS �J k THROUGH 3 tj ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED ISSUANCE OF DUPLICATE TAX SALE CERTIFICATES AS FOLLOWS: 0. 690 TO LARRY SIEGEL 0. �59 TO WIN M. TO VIOLA i�BUTTERFIELD 0. 99 TO EDWIN M. OR VIOLA E BUTTERFIELD ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAY ROLLS, CIRCUIT COURT, SPRING TERM, 1978, IN THE AMOUNTS OF $43.60 AND $45.72. THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: FINNCIAL RJ,�/R7�HE INDIAN RIVER COUNTY SCHOOL BOARD �ISCAL EAR �iELFARE DEPARTMENT, JULY, 1978 KKEPORT OF CONVICTIONS, CIRCUIT COURT, AUGUST, 1978 PLANNING DIRECTOR REDICK MADE A PRESENTATION IN REGARD TO A REQUEST FOR TENTATIVE APPROVAL OF HERITAGE FEST SUBDIVISION, OWNED BY V.J. GENTILE, REPRESENTED BY S.P. MUSICK, AGENT, HE NOTED THAT A FEW CHANGES WERE MADE TO COMPLY WITH THE REQUIREMENTS OF THE PLANNING DEPARTMENT, I.E., MOVING OF A ROADWAY TO MAKE THE PAVEMENT LINE UP WITH THE EXISTING STREET NORTH OF 12TH STREET AND ALSO INSTALLING A NEW CULVERT FOR DRAINAGE PURPOSES. MR. REDICK STATED THAT THESE CHANGES ARE NOW COMPLETE, AND THE SUBDIVISION REVIEW COMMITTEE RECOMMENDS APPROVAL. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF HERITAGE WEST SUBDIVISION.. PLANNING DIRECTOR REDICK NEXT DISCUSSED CLUB GROVE ESTATES, OWNED BY EUGENE WILMOTH AND CHARLES DIEKLER, DEAN LEUTHJE, AGENT. THIS SUBDIVISION IS LOCATED NORTH OF 5TH STREET S.W. AND WEST OF 33RD AVENUE AND CONTAINS 20 ACRES. MR. REDICK INFORMED THE BOARD THAT THERE WERE A FEW MINOR CHANGES, SUCH AS IDENTIFYING THE PLANTING STRIP ALONG THE HIGHWAY, WHICH WAS BEEN DONE, HE STATED THAT THE PLAT NOW MEETS THE REQUIREMENTS OF THE ORDINANCE AND IS RECOMMENDED FOR APPROVAL AS REVISED. 4 SEP 061978 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF CLUB GROVE ESTATES. PLANNING DIRECTOR REDICK NEXT BROUGHT UP THE REQUEST FOR TENTATIVE APPROVAL OF TRACT FOUR SUBDIVISION AND NOTED THAT THIS WAS CARRIED OVER FROM THE PREVIOUS MEETING BECAUSE SOME QUESTION OF OWNERSHIP HAD ARISEN. THIS HAS BEEN CHECKED AND DEED SUPPLIED SHOWING CUSTOM INVESTOR, INC. IS THE CORPORATE OWNER. MR. REDICK STATED THAT THIS SUBDIVISION CONSISTS OF FOUR LARGE LOTS, AND THE MAJOR CHANGE INVOLVED ACQUIRING ADDITIONAL RIGHT-OF-WAY ALONG THE WEST BOUNDARY LINE, WHICH HAS BEEN DONE, THIS IS NOW COMPLETE AND RECOMMENDED FOR APPROVAL. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF TRACT' -t FOUR SUBDIVISION. MRS. MARIAN LOSEKE APPEARED REPRESENTING ALLIED CONSTRUCTION CO. OF SEBASTIAN IN REQUESTING AN EXTENSION OF SITE PLAN APPROVAL FOR J. BLAYNE .JENNINGS"TO BUILD A DUPLEX IN CANNON SUBDIVISION. MRS. LOSEKE STATED.THAT THE REASON THE EXTENSION IS NEEDED WAS TO HAVE TIME TO GET THE FINANCES IN ORDER, EVERYTHING IS NOW ARRANGED AND READY TO G0, PLANNING DIRECTOR REDICK NOTED THAT THE BOARD HAS THE AUTHORITY TO GRANT SUCH AN EXTENSION AT THEIR DISCRETION. DISCUSSION FOLLOWED ON REGARD TO THE TIME FROM WHICH THE EXTENSION SHOULD BE GRANTED. MOTION WAS MADE BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy, TO APPROVE THE REQUEST FOR EXTENSION OF SITE PLAN APPROVAL BY ALLIED CONSTRUCTION CO. FOR SIX MONTHS FROM .JULY 1, 1978. COMMISSIONER Loy ASKED IF ANY CHANGE HAD BEEN MADE IN THE PLANS, AND MRS. LOSEKE STATED THAT THEY HAVE MADE SOME CHANGES IN THE PARKING AREA, BUT THE BUILDING IS ALMOST IDENTICAL. 0 P� - COMMISSIONER LOY DID NOT THINK THAT THE BOARD CAN GIVE APPROVAL OF A PLAN THAT HAS BEEN REVISED AND NOT GONE THROUGH SITE PLAN APPROVAL, AND THE BOARD AGREED, PLANNING DIRECTOR REDICK FELT THAT, UNDER THE ORDINANCE, MINOR DIFFERENCES COULD BE HANDLED ADMINISTRATIVELY AND SUGGESTED THAT THE BOARD APPROVE THE ORIGINAL PLAN SUBJECT TO ADMINISTRATIVE REVIEW, COMMISSIONERS DEESON WITHDREW HIS MOTION, AND COMMISSIONER LOY HER SECOND, AND REWORDED SAME, ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY GRANTED AN EXTENSION OF SITE PLAN APPROVAL TO ALLIED CONSTRUCTION CO, TO BUILD A DUPLEX IN CANN SUBDIVISION FOR J. BLAYNE .JENNINGS, SUBJECT TO APPROVAL OF THE PLAN BY THE COUNTY ADMINISTRATOR, ON MOTION BY COMMISSIONER SIEBERT, SLEONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED OUT—OF—COUNTY TRAVEL FOR THE INTERGOVERNMENTAL COORDINATOR, THE ATTORNEY, THE ADMINISTRATOR, AND ANY COMMISSIONER1 TO ATTEND THE ANNUAL CONFERENCE OF THE STATE a ASSOCIATION OF COUNTY COMMISSIONERS TO BE HELD IN FORT LAUDERDALE SEPT, 28-30, 1978, INTERGOVERNMENTAL COORDINATOR THOMAS NOTED THAT HE HAD BEEN APPOINTED TO THE ATLANTIC STATES MARINE FISHERIES COMMISSION AND FELT HE SHOULD ATTEND THE ANNUAL MEETING. HE INFORMED THE BOARD THAT THE STATE WOULD REIMBURSE HIS EXPENSES. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED OUT—OF—COUNTY TRAVEL FOR INTERGOVERNMENTAL COORDINATOR THOMAS TO ATTEND THE ANNUAL MEETING OF THE ATLANTIC STATES MARINE FISHERIES COMMISSION TO BE HELD IN TAMPA. INTERGOVERNMENTAL COORDINATOR THOMAS NEXT BROUGHT UP THE SEMINAR TO BE HELD BY THE FLORIDA SHORE & BEACH PRESERVATION ASSOCIATION, HE NOTED THAT THE COUNTY DID JOIN THIS ASSOCIATION, AND HE FELT TO GET THE BENEFIT OF IT THAT SOMEONE SHOULD ATTEND. 0 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED ASSISTANT ADMINISTRATOR NELSON AND ANY.COMMISSIONER TO ATTEND THE 1978 .JOINT ANNUAL MEETING OF THE AMERICAN SHORE & BEACH PRESERVATION ASSOCIATION AND THE FLORIDA SHORE & BEACH PRESERVATION ASSOCIATION TO BE HELD AT CAPTIVA ISLAND OCTOBER 4-7, 1978. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR .JOHN HRKACH, VETERANS SERVICE OFFICER, TO ATTEND THE ANNUAL MID -WINTER TRAINING CONFERENCE AT ST. PETERSBURG OCTOBER 25-27, 1978, ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THE CITY HAS ACQUIRED SOME FILL WHICH HAS BEEN DUMPED AT THE CIVIC ARTS CENTER, BUT DOES NOT HAVE THE EQUIPMENT WITH WHICH TO SPREAD IT. THEY ARE REQUESTING THAT THE COUNTY SUPPLY THE EQUIPMENT AND LABOR TO SPREAD IT FOR THEM, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE REQUEST OF THE PUBLIC WORKS DEPARTMENT Or THE CITY OF VERO BEACH FOR A BULLDOZER TO SPREAD FILL AT THE CIVIC ARTS CENTER. ZONING DIRECTOR DEWEY WALKER APPEARED IN REGARD TO REQUEST FROM B & H BUILDERS, INC. FOR RELEASE OF EASEMENTS IN GRANADA GARDENS. HE PRESENTED A PLAN SHOWING THE SIDE AND REAR EASEMENTS THEY WISH TO HAVE RELEASED IN ORDER TO BUILD A LARGE COMMERCIAL BUILDING ON THE SITE. MR. DEAUGUSTINIS, PRESIDENT OF B & H BUILDERS, INC., WAS PRESENT. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0, 78-57 APPROVING RELEASE OF EASEMENTS IN GRANADA GARDENS, BLOCK C, AS REQUESTED BY WILLIAM DEAUGUSTININS, PRESIDENT OF B & H BUILDERS, INC., AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN; THESE DOCUMENTS TO BE PREPARED AT THE EXPENSE OF THE APPLICANT. THE EASEMENTS TO BE RELEASED ARE AS FOLLOWS: 7 19 SEP 0 6 1978 LOT 1 - THE SOUTH SIDE LOT LINE AND EAST REAR LOT LINE EASEMENT; LOT 2 - THE NORTH AND SOUTH SIDE LOT LINE AND EAST REAR LOT LINE EASEMENTS; LOT 3 - THE WEST SIDE LOT LINE AND SOUTH REAR LOT LINE EASEMENTS; LOT 14 - THE NORTH AND SOUTH SIDE LOT LINE EASEMENTS; AND LOT 15-- THE NORTH SIDE LOT LINE EASEMENT. THESE DOCUMENTS WILL BE MADE A PART OF THE MINUTES WHEN RECEIVED. CHAIRMAN WODTKE DISCUSSED THE REQUEST OF .JACK M. BERRY GROVE CORPORATION FOR EXTENSION OF MAINTENANCE ON WILLOW STREET FROM SOUTH OF DITCH 21 THROUGH DITCH 24 TO GIVE THEM ACCESS.TO THEIR 12 ACRE NURSERY AND TO OTHER ACREAGE THEY ARE IN THE PROCESS OF DEVELOPING. ASSISTANT ADMINISTRATOR NELSON EXPLAINED THAT THIS WOULD BE A DEFINITE EXTENSION OF SERVICE AS -THERE HAS NEVER BEEN ANY AGREEMENT IN REGARD TO THE COUNTY MAINTAINING THIS PART OF THE ROAD. ADMINISTRATOR .JENNINGS NOTED THAT THIS REQUEST WOULD INVOLVE APPROXIMATELY A MILE AND A HALF OF NEW ROAD NORTH AND SOUTH AND POSSIBLY TWO MILES EAST AND WEST TO BE BUILT AND MAINTAINED. IN DISCUSSION, IT WAS NOTED THAT HOGAN GROVES HAD BEEN TURNED DOWN FOR THE SAME TYPE REQUEST INVOLVING ONLY 1/4 MILE OF ROAD, COMMISSIONER Loy STATED THAT IT HAS BEEN OUR POLICY NOT TO COMPLY WITH SUCH REQUESTS AND TO DO SO NOW WOULD SET A NEW PRECEDENT.. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER TO INFORM THE .JACK M. BERRY GROVE CORPORATION THAT BY COUNTY POLICY WE DO NOT OPEN ROADS FOR GROVES. CHAIRMAN WODTKE FELT IT SHOULD BE POINTED OUT THAT THIS PROPERTY IS NOT OWNED BY THE COUNTY BUT IS UNDER THE CONTROL OF THE FELLSMERE FARMS WATER MANAGEMENT DISTRICT, AND THE BOARD AGREED. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. ADMINISTRATOR JENNINGS WILL WRITE THE .TACK M. BERRY CORPORATION ABOUT THIS MATTER. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE NEEDS LEGAL DOCUMENTATION TO BE ABLE TO WORK ON THE ROADS THAT THE NORTH COUNTY IMPROVEMENT ASSOCIATION RECENTLY REQUESTED THE COUNTY TO MAINTAIN. SEP 0 61978 sa-9k Do ATTORNEY COLLINS STATED THAT HE SENT THE NECESSARY DOCUMENTATION TO THE FELLSMERE FARMS WATER MANAGEMENT DISTRICT ABOUT SIX WEEKS AGO. COMMISSIONER DEESON INFORMED THE BOARD THAT HE HAD TALKED TO MR. FORTSON OF THIS DISTRICT, WHO SAID THEY HAD NEVER RECEIVED IT. COMMISSIONER SIEBERT SUGGESTED THAT COMMISSIONER DEESON MEET WITH SIR. EGAN AND MR. FORTSON AND DISCUSS THIS WITH THEM BEFORE THE NEXT WATER MANAGEMENT DISTRICT MEETING. THE CHAIRMAN AGREED THAT A COMMISSIONER SHOULD ATTEND THE FELLSMERE FARMS WATER MANAGEMENT DISTRICT MEETING AND ALSO FELT THIS MATTER SHOULD BE DISCUSSED WITH THE NEW OFFICIALS OF THE GULF & WESTERN COMPANY. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE' i AN AMENDMENT TO THE FLOOD INSURANCE ORDINANCE. CHAIRMAN WODTKE ANNOUNCED THAT WE HAVE RECEIVED A CHECK FROM THE DIVISION OF FORESTRY IN THE AMOUNT OF $450.00 FROM THE TITLE IV PROGRAM, WHICH WILT- GO TOWARDS BUYING HOSE FOR THE SEBASTIAN AND ROSELAND FIRE DEPARTMENTS, IT WAS NOTED THAT WE MADE APPLICATION FOR $5,500 AND ONLY RECEIVED $450. NOTICE FROM THE DEPARTMENT OF AGRICULTURE & CONSUMER SERVICES IS HEREBY MADE A PART OF THE MINUTES. ,hG 131 SQA ^ 6 197 NIft Or I"1111DA 11 Cil 1 �fyl?ii ? !)t" J l j" I tt}t[ t t �r c� �1r�1 t, 1 , G "-7� (rjl.Y Vi t'�l.`I11,.,7 ULi i�l 1 I �'a�Llb l UI"Ilii IiIlrjul Ui �E G CONSUlK'n J�..i 1'•r ilJl:.) 90 � ora �• 1 , • , DOYLE CONNLR. COIaMISSIONEA >Ic DIVISION OF rortt:sIity COLLINS GUILDING TALI,AIIA!;SFC 'FC—U ' RCFP Title. IV August 21, 1978 TO: Indian River County Board of County Commissioners UPPlicant) We are pleased to inform you that your project application, dated 4/20/78 for federal Cost—Sharing .'assistance under Lhe provisions of Title IV ni tht> Rural Development Act, is hereby approved for the following items of equipment and/or training: Item Total. Cost Federal Coruaunitq Reque:,tcrd Quantl ty (Appl_oved) Cost -Share 1'oCei.vinP- Jt em 112" hose 600' $ 900,00 •$ 450.00 Sebastian Roseland :Totals: $.900.00 $ 450.00 . Attached, herewith, is state warrant number 0120412 in the amount of $4.5-0,00 which reprosenl:s advance payment in full for the 50% Federal Cost - Share, to be applied toward Clio purchase of the above listed items. Proof of purchase (paid rrc•eipts) coverinY, these iterls shall be provided to the Division of 1'orc:ltry no later Lhan may .i., 1.979. , Ah e f. —G!C LoY, � � Ch i��ftn Please acknowledge receipt of *this 1•rurn!lt: by signature �! date 8-28-78 -_.C_--_• _!t . and return signed copy to: Divisioli of Forestry, 1'i.ro (4) Bureau, Collins Building, Tallahassee, Florida 32304. Si.l ere y yours, % ,Jofnl M. hcthca 1)i.rector AL't::IC11I11t.:llt cc: District Forestcr_piuil�ll};. , CHAIRMAN 1'!ODTKE STATED THAT HE NEEDS AUTHORITY TO SIGN THE TEMPORARY EMERGENCY %DATER SERVICE AGREEMENT WITH THE CITY OF VERO BEACH PROVIDING FOR WATER SERVICE TO MIDDLE SIX AND MIDDLE SEVEN SCHOOLS, 10 �(1Kp�' 6 �`�',1do ,•rte � � r ATTORNEY COLLINS NOTED THAT THE ONLY RECOMMENDATION IN REGARD TO THIS AGREEMENT COMES FROM THE ADMINISTRATOR. ON PAGE 3 OF THE AGREEMENT, PARAGRAPH 15 CALLS FOR "DAILY" METER CHECKS OF THE WATER USED, AND APPARENTLY BOTH SIDES,HAVE DETERMINED THAT MAY NOT BE NECESSARY. THE ATTORNEY SUGGESTED THAT THE CHAIRMAN BE AUTHORIZED TO SIGN WITH OR WITHOUT THAT AMENDMENT AS IT MAY BE NEGOTIATED. THE ADMINISTRATOR STATED THAT HE HAD DISCUSSED THIS WITH JOHN LITTLE AND OTHER OFFICIALS, AND IT WAS AGREED A DAILY CHECK WAS NOT NECESSARY. HE FELT IT COULD BE STRUCK OUT. IT WAS AGREED THIS SHOULD BE STRUCK OUT AND INITIALED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN THE TEMPORARY EMERGENCY WATER SERVICE AGREEMENT WITH THE CITY OF VERO BEACH RE PROVIDING WATER SERVICE TO MIDDLE SIX AND MIDDLE SEVEN SCHOOLS, THE WORD "DAILY" IN PARAGRAPH 15, PAGE 3, TO BE STRUCK OUT, IF AGREEABLE TO THE CITY. t 11 SEP 061978 TEMPORARY EMERGENCY WATER SERVICE AGREEP4ENT The CITY OF VERO BEACH, a municipal corporation of the State of Florida (City),and INDIAN RIVER COUNTY, FLORIDA (County)„hereby agree as follows, this day of August, 1978: WHEREAS,. the County, having assumed water service to Middle Six and Middle Seven schools situated in Gifford, in the north county area; and WHEREAS, the County is unable to provide the needed water services to Middle Six and Middle Seven schools due to an unanticipated delay in the construction of the County's water system in the north county area; and WHEREAS, the County has requested the City to provide temporary emergency water service to Middle Six and Middle Seven schools; and WHEREAS, the City agrees to supply water temporarily to Middle Six and Middle Seven schools only under the terms and conditions as are stated herein; NOW, THEREFORE, the parties hereto agree as follows: 1. The City shall have no responsibility to provide any services to the Middle Six and Middle Seven schools except as specified in this agreement. 2. The City makes no guaranty of water quality, availa- bility of any quantities of water at any pressure for any usage whatsoever, including fire fighting. ' 3. Any water to be provided hereunder by the City to the.Middle Six and Middle Seven.schools shall be subject to the availability of said water in the City's water system utilizing only the City's present well fields and present water treatment plant, and shall be available only when said capacity, or any part thereof, can be provided by the City to Middle Six and Middle Seven schools without requiring any of the City's current or future water customers to restrict or curtail, even slightly, their usage of City water. L P�U�J 4. The County assumes all responsibility for any and all damage,.loss, or destruction to any part or all of the County's system. The County hereby agrees that any and all loss, damage, or destruction of all or any part of the County's system or its customers' systems, and any of its customers' property arising out of any water pressure, or lack of water pressure, or for any other loss, damage, or destruction, arising out of service provided under this agreement, or service outside of this agreement, whether or not same results from the sole negligence of the City's employees or City's agents, shall be the sole responsibility of the County or its successors. 5. The service to be provided under this agreement is limited to assisting the County in meeting its demand to supply water service to Middle Six and Middle Seven schools. The County hereby agrees that it will utilize the City's water only to the extent absolutely necessary to meet the demand of Middle Six and Middle Seven schools. The County shall utilize its best efforts to complete construction on its water system in the north county area so that it may provide water service to Middle Six and Middle Seven schools as soon as possible. 6. The County shall not be required to provide a security deposit for said water service. 7. The County shall be charged by the City for said water service at the rate of 110% of the rates charged for water consumers within the City (retail cost plus ten .(10) percent). 8. The County shall pay each bill for water services not later than the 15th day after the date of billing. Contract disputes shall not be a ground or excuse for failure to tender prompt payments of said bills. 9. The County shall provide all materials, supplies and labor including the installation of meters, necessary for the temporary connection into the City lines and for any repairs -that might be required. The City shall bear no expense.what- soever in this regard. 10. The County has the right to terminate service.hereunder ftk SEP 0 6197 upon giving the City twenty-four (24) hours written notice of such intent, effective at midnight, subject to County's then incurred liability for water utilized by or on behalf of the County to the hour of actual termination of water service. Discontinuance of service; by request of the County or at the option -of the City,.shall not release the County from its obligations to pay all bills in accordance with this agreement, or any other obligations hereunder. 11. This agreement shall not be assigned, transferred, or hypothecated without the prior express written consent of the City, and any such attempt shall be void ab initio. 12. This agreement shall terminate in all events not later than October 30, 1978 without further action by any party hereto and without liability of any nature whatsoever by the City. The service availability of water hereunder is also subject to restriction or total termination by the City upon two (2) hour prior oral notice to the County if the City de- termines in its sole discretion that -the service provided here- under is having a detrimental effect on any part of the City'.s water system or on.any of its then existing customers. 13. No officer, official or agent of the City has the power or authority to amend, modify or alter this agreement or waive any of its conditions or to bind the City by making any promise or representation not contained herein. 14. The City will not be responsible for damages due to any interruption or failure to supply water and shall be saved and held harmless by the County from all damage of any kind, nature and description which may arise as.a result of making this agreement or furnishing water hereunder, including violations of any laws, rules, or regulations. 15. The County shall maintain complete records of the said .schools''��.sage of water from the City's treatment facilities and these records shall be available for inspection and copying by the City at all reasonable times. 16. The City reserves the right to inspect, test, repair, or replace the above described water lines, valves, meters, etc., -3- EP 0 6 197vµ as required. Such replacements or repairs, if any, shall be I charged to and paid for by the County. 17. The water to be supplied hereunder is to be used only by the County's customers, namely Middle Six and Middle Seven schools, and shall not be -for resale. 18.. The City may either in law or equity, by suit, mandamus or other proceedings, enforce or compel performance of any and all of the terms, covenants and conditions herein contained. 19. The City reserves the right of its City Manager or Manager of Water and Sewer to decide all questions arising as to the proper performance of this contract. 20. No present or future customers of the County are.third- party beneficiaries under this contract and none of them shall have any rights hereunder or any standing to enforce any rights of the County. 21. The County agrees to pay City reasonable attorney's fees in the event City requires the services of its City Attorney or any other attorney or attorneys to collect any charges or bills rendered to the County hereunder or to protect the interest' of the City, or inn the event the County violates any of the terms, conditions, or covenants on the part of the County herein con- tained. 22. The County shall have no rights other than those included in this agreement, and any rights not so included are hereby waived. 23. City reserves the right to terminate this agreement upon the failure of,the County to fully perform all terms, conditions, and covenants herein contained, upon twenty-four (24) hours advance written notice to the County. 24. This agreement shall not become effective until same shall be executed by the parties hereto. IN WITNESS WHEREOF, the duly authorized officials of the City, and County, have executed this Temporary Emergency Water Service Agreement in duplicate, any copy of which may be deemed an original, the date and year first above written. -4- x gem,j PMUt j I� : SEP 0 6197 �t M M "4 's CITY OF VERO BEACH, FLORIDA By c - S ATTEST: BY Approved as to form: Cay Stevens,—ZZ-- Thomas C.—P—almer, City Attorney INDIAN RIVER COUNTY, FLORIDA • Bye4'1 nliam C. Wodtke, Jr. airman Board of County Commit ATTEST:. (Seal) A Approved as to form: rg G. 6t:y or G. o ins, Jr. County 1 t � 4, 11M BygLL' , T� ecjaWright,3.ht' � ight, rIE - 5 - THE CHAIRMAN NEXT BROUGHT UP THE MATTER OF A RESOLUTION NEEDED BY THE VOCATIONAL TRAINING AND SHELTERED WORKSHOP, WHICH RAN INTO A PROBLEM WITH MEETING ITS DEADLINE FOR GRANT APPLICATION, HE NOTED THAT WE HAVE APPROVED $8,000 IN THE BUDGET FOR THEM SO THEY PROCEEDED TO CONTACT THE DEPARTMENT OF COMMUNITY AFFAIRS ABOUT THE SITUATION, WHO REQUESTED THAT, IN ANTICIPATION OF APPROVAL, A COPY OF THE GRANT BE SENT THEM WITH A COVERING '-ETTER ADVISING THAT THIS WOULD BE DISCUSSED AT THE NEXT REGULAR BOARD MEETING OF SEPTEMBER 6TH AND THEN THE SIGNED COPIES WOULD BE FORWARDED TO THEM, INTERGOVERNMENTAL COORDINATOR THOMAS STATED THAT THE SHELTERED WORKSHOP DOES A VERY FINE JOB WITH THEIR THERAPY WORK, BUT IS HAVING CONSISTENT PROBLEMS WITH THEIR PAPERWORK, AND HE BELIEVES THEY ARE HIRING SOMEONE TO HELP ALLEVIATE THE PROBLEM, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 75-58 AUTHORIZING THE CHAIRMAN TO SIGN AN AGREEMENT WITH THE DEPARTMENT OF COMMUNITY AFFAIRS IN REGARD TO A GRANT FOR THE VOCATIONAL TRAINING AND SHELTERED WORKSHOP, 17 RESOLUTION NO. 78-58 A RESOLUTION AUTHORIZING AND DIRECTING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, TO SIG14 AN AGREEMENT 14ITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE FLORIDA FINANCIAL ASSISTANCE FOR COMMUNITY SERVICES ACT. IT IS HEREBY RESOLVED BY THE COUNTY OF INDIAN RIVER, FLORIDA AS FOLLOWS: 'Section I. That the Chairman is hereby authorized and directed to sign in the name and on behalf of the Board of County Commissioners an Agreement between the Florida Department of Community Affairs and Indian River County, under the Florida Financial Assistance for Com- munity Services Act, as per copy attached hereto and made part hereof. SECTION II. That all funds necessary to meet the contract. obligations of the County and its delegate agencies (if applicable) with the Department have been appropriated and said funds are un- expended and unencumbered and are available for payment as prescribed in the contract. The County shall be responsible for the funds for the local share notwithstanding the fact that all or part of the local share is to be met or contributed -by other source, i.e., con- tributions, other agencies or organization funds. PASSES AND ADOPTED THIS 6th DAY OF -SEPTEMBER, 1978. APPROVED William C. Wodtke, Jill. Chairman ATTEST: AxA, mV_' 4`4 reda Wright, 4. er M pp 6 d GRANT APPLICATION Page 1 of 7 (Type and Complete All Items) Application for State Assistance Through the COMMUNITY SERVICES TRUST FUND REPLY TO: SUBMIT FOUR (4) COPIES DEPARTMENT OF COMMUNITY AFFAIRS (ONE MUST BE ORIGINAL) DIVISION OF COMMUNITY SERVICES 2571 EXECUTIVE CENTER CIRCLE, EAST rALLAHASSEE, FLORIDA 32301 1. Local Governmental Unit Applying for Grant: Name: (name o/f+ t w1n, city or county) Address: County: 2.• Delegate Agency(s): Telephone: (%s-1 $-(., - %o-? S! zip= 3. Person with over-all responsibility of grant: (Our Department will contact this person should questions arise) Name: rr2 �'nr%1n n-1 Telephone: Mal Address: Signature 4. Due to legislative requirements, all services must be certified by the Department of Health and Rehabilitative Services (HRS) District Administrator as not -being duplicative. In order to accomplish this .requirement, all applicants must contact the District Administrator prior to development of program proposals. HRS person contacted: "' (District Administrator) Telephone: M51 613 6 4&3_ Date: 309 15774? Contacted by i I Telephone S. Following the completion of the grant application, formal approval of the program proposal must be given by the HRS District Administrator. Applications will not be accepted unless the following statement is completed by the HRS District Administrator: I g2 the �District HRS Administrator -for District, hereby certify one of the following statements. of fact: The particular services to be offered in the signs ure) listed programs are not duplicative of HRS programs. Although similar services may be available from HRS, we cannot provide these particular services to these clients without the use of this money. ' g :i GRANT APPLICATION PAGE 2 of 7 2. HRS has made maximum use of federal funds for the signature) above listed program areas. 3. Funds for this program are available from HRS and the applicant will -be eligible for funding during the current grant period. The applicant should contact Mr./Ms. for further infor- mation. .ANSWER THE FOLLOWING QUESTIONS IN DETAIL BY ATTACHMENT. V •6. What is the object've of this program? 10 ,�e2i,� !fes LZe v Gx 6�nc?/cA•ti l�oueC ' "/ /� i __7. Describl the p oposed program." s QO S.. Is the program currently operating? ® i 9. .What is*the current number of clients served? F]hat is the current number of services provided? Gk, 10. Wh% t is the proposed number of clients to be served? What -is the proposed number of, services be provided? 11. How does the proposed program differ from the e -existing one? 12.* What are the existing sources and amounts of funds that sustain the program? 61,4 6, eAAvr SZ -107. a f' JuEju rAL,4,01-A M04? ri o AJ _ y ,Rl, &16% C00411fY C'ORMSIDIVOC,S _ _ _ - — — _— lo, F" P.O.S. DrPT. OF NCUrgC R�Tp2DA.r�D� - - - - - S446 .13.. Identify all sources and amounts of funding for the.proposed program. &A 61mvr Dzprr- o} He-,uTq� Xrreg047.0 vu_ .14. Have other sources of funding been solicited? Identify and explain acceptance or refusal. /L­Uzv S 4p-iz loo w r N pp-() C a SS OF t9EiaS .00741AriD. 15. Are there any program revenues anticipated? Explain disposition of these. pp • . . •16. Identify other services/programs that will be made available as a result of this program. 17. How will this program serve individuals who are either recipients or potential recipients /oaf publ • c assistance? •'yJf�,a Qu_L.�crr,cut� "A4"(-.� �p[ti/�.CC CPA6WT[f1LCj7� r{(� �l? lC4 Q4ef/ LG�t' [.J�— •a0 (� Ge+cc�e� •18. Who will conduct the year end audit of the program? /0/l3 SEP � ®197 ,', r•'�1t:�+4A'� ,., , -, .... __. ..... - ... ,. •.. � _ `�D _ .. ' ":-...^rt,av;� -. - 'ta:iG".�i�����5. i�' -.. �?:) , ud.�,_'�+�rta t,` GRANT APPLICATION PAGE 3 of 7 Local-Governmental Unit Applying: ?)Pr� 'uQc�� �tSy�rt1 /"l Town, County br City 19. WORK PROGRAM — Plan of operation (Use one she —Efor each program Program Titles 'T�� (�cc�ltro�?�c. �!C'AI ��7U� �° lily/fice•QcQ �QcO�s,Yoi� U t AC, tNC. A. Program Objectives B. Major Activities and Substeps C. Planned Results Through Through Through Through 12/31/7 3/31/7 6/30/7 9/30/7 N bpak7A 'to N C C 0 F U 1L'cS /. 0TY vTIL,EE -re, P R4 62Ai( TQ TRpuspo2T C-it W- -r% 7`6 a r-aak 3 . T6 Pen'rcOC OICCCSSA2�,/ a a�n QR4Pt tu� vo�ug. ( @� V • .gQocn�R�trNS ^s�o P•cA�,tl';r4eN aC o *e(LL- k C cCsS .42y Az •t)oc� .tzb4(IVINS 9C-Ra4T cC7i0A) (�'oastQt„E — t�fe4l $'�. �t?w►��.auess -- �l�4cc ilcA�1=("Ja` :�sC�s .. - CD GRANT APPLICATION Page 4 of 7 Name of Applicant: 64,11V,14, 20. TOTAL BUDGET (Include figures from all programs operated) 32, TOTAL ADMINISTRATIVE AND SALARY EXPENSES (line_ - .17,_18 & 24) 3_OM,0-6) NOTE: TOTAL REVENUE MUST EQUAL TOTAL EXPENDITURES *Line 32 May not exceed 15% of total budget. I REVENUE 1. 'State GrantSY - a. 2. - - - - - - except nds, xcet-urevenue-sharing, Uaih-�ia7t�il,7(n-o-fe-de-rafunds, e ZlT0we3)-­?j 3.; YnrK-ind M-a-tc-h - -- -- - - - .7. -- 4. -- -- -- -- -- TOTALREVERUK - - - - - - - - - - - -- -- - - - /0. GRANTEE ADMINISTRATIVE EXPENSE 5. Salaries - - - - - - - - - - - - - ------ -- - 6. - - - - keiiCal-S-aa-Se - - - - - ---- 7. Travel 8: - --------------------------- Supplies - I - - - - - - - - - - - - - --- - - - - 9 - -- - - - Other (specify att�7chment) - - - - - - - - - 10. ­on Total (lines 5 through 9) - - - - - --- - - - - - - - - - - - - - - v DELEGATE ADMINISTRATIVE EXPENSE 11. Salaries-------------------__-__-tiSpace_________________________ ^M, 12. TeiT�l-S-Raae - - - - - - - - - 13. Travel ---- 14. Ku- 1 i- - -------------------- ppes 15. - --- �TtEa-T - - - - - - - - - - -------- Other (species o n Ehi�e3t) - - - - - - - - - - 16. _ --- Total (lines Ehau-rg-h -16) - - - - - - - - - - - 17. -11 - TOTAL ADMINISTRATIVECOSTS(line To-alld-tlng T6T ---------------- - C -M, 6-T GRANTEE PROGRAM EXPENSES 18. Salaries - - - - - - - - - - - - - - - - - - - - - - 19 - - Keiitli-l-S-RaSe . . . . . . . . . . . . . . . . . . . . . . . 20. . Travel 21. Kq - - - - - - - - --- - - - - - 22. Other (specify on attachment)T 'f2T - - - - - - - - - - - - - - -- ---- -23. (liniis-1-8 EhFoUgIT Total- - - - - - - - - - - - --- - - - - - - - - - - - - - - - - - DELEGATE PROGRAM EXPENSE 24. Salaries - - - - - - - - - - - - - - - - 25. We-nt-al- Space - �q 26. ------------- Yriiviil 3 C, 27.14k 28. Other (specify on 1�tEa-ch-meFtT - -EhFoUgH 29. Yo:EaY -(liniis-24 78T - - - - - - - - --- - - - - - - - 30. TOTAL PROGRAM EXPENSES (line -23 and line -29)_ - - - - - - - - 31. TOTAL EXPENDITURES(line -17 and line -30)---- - -- - --------- --- 10.Qv�?q q, M 32, TOTAL ADMINISTRATIVE AND SALARY EXPENSES (line_ - .17,_18 & 24) 3_OM,0-6) NOTE: TOTAL REVENUE MUST EQUAL TOTAL EXPENDITURES *Line 32 May not exceed 15% of total budget. I - •� � a.xw .. aTc�� d�.,spY. .k.•:a+,den•�r#.�w.ta,�:�nw.7utsa.Y.vy-kuar� +s.art:.,..:uana�;.�w-�c,w.-..+pus��a•dt�wew,:tw8�'n�e.,b,.z.w,3i>eF, tMm au?ra<i*rrm�'v.'����wav�s .�( .H��`. fs,�..�#�4::9R';, h��:ltir�ec•s� .«.�a•.�,a:;�j .^:+erah.?trF... - FL•..g7 GRANT APPLICATION Page 5 of 7 7�c�ro24 Local Governmental Unit Applying: C • (Town, County, or City) 12, Cash.and In -Kind Match - I. Cash Match Source Amount ; 1. c � cu 1. � ��. a•.rx'' • . - 2. 2. • 3.39 4. 4. Total Cash Match.��3�i,G71 *This figure must equal the figure speci- • fied on line 2, page 4. II. In -Kind hatch A. Salaries and Benefits Number of Hours Amount (Hourly rate (X) number of .Position Title and Name of Person Hourly Rate To Be Worked hours to be worked) 2. 2. 2. 2. 3. 3. 3. 3. 4. 4. ---z--- 4. 4. 1 - • (Continue on Separate S eet if Necessary) A.Total: B. Other In -Kind ,• Unit Costs Number of units Amount (Unit cost (Or cost per (or number of (x) number of Description Source square feet) square feet) units) 1. !L1D1•iC 1 47T'c) 4bSZs /s'UC'T/C� 2• 2: 2. 2. 2. 3. 3. 3. 3. 3. 4. 4.• 4. 4. 4. 5. 5. 6, 6. 6. _ 6. 6. 7. 7. __ 7. 7. 7. B. Total III. Total'Match Provided 'Dotal In-I:ind Match (A+B) c Pie . *This figure must equal the figure sped on GRANT APPLICATION Page 6 of 7 . Local Governmental Unit Applying: At - n, County, or City) 13. CONTRACTUAL INFORMATION - Complete one for each Delegate Agency General Name of Delegate Agency: Address: 3 „ Tom/, Contact Person: Telephone: (3051 - Tax 3057Tax Exempt Number q 7%q -if none, attach a copy of the certificate of incorporation) DELEGATE AGENCY BUDGET FOR THIS PROGRAM 'r }ADMINISTRATIVE EXPENSES 1. Salaries ' 2. Rental ----------------------=----- 3. Travel --------------------------- 4. Supplies ------•*.----L--------- --- ----- 5. Other (s-gecify on a-at (lent) - - - - - '�' - "" - - - - 6. TOTAL ines-1 throu2h_5j _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _� PROGRAM EXPENSES 7. Salaries ; S. Rentaaai Sp -ace a - - -- - - - - - - - - - - - - - - - - - - - - 9. Yrvel- ------------------------- 10. Equipment--------------------------1-�iot+.�°ii 11. Other (specify on attachment) —P�= ZA11w-G =Xp e�S - - - '_ a 12. TOTAL (lines -7 through -11)_ _ _ - - - - , - - - _ - - - _. r y 13. TOTAL EXPENSES -(line 6 and line 12) - - - - - - - - - - - - -- yy,� -------- -n------- 14. *TOTAL SALARY—AND—ADMINISTRATIVE EXPENSES (lines 6 and 7) *TOTAL GRANTEE AND DELEGATE(S) ADMINISTRATIVE AND SALARY EXPENSES COMBINED MUST NOT EXCEED 15% OF TOTAL'.BUDGET. THE DELEGATE AGENCY HEREBY APPROVES THIS APPLICATION AND WILL COMPLY WITH ALL RULES, REGULATIONS AND CONTRACTS RELATING THERETO: . i APPROVED BY: Director (Title) (Signature) ATTESTED BY: Title Signature !o/F SMG; SEP U- 6 1978 GRANT P.FPLICAITION Page 7 of 7 Local Governmental Unit Applying: \ 9 14. THE APPLICANT CERTIFIES THAT THE DATA IN THIS APPLICATION AND ITS VARIOUS SECTIONS INCLUDING BUDGET DATA, ARE TRUE AND CORRECT TO THE BEST OF HIS OR HER KNOWLEDGE AND THAT THE FILING OF THIS APPLICATION HAS BEEN DULY AUTHORIZED AND UNDERSTANDS THAT IT WILL BECOME PART OF THE CONTRACT BETWEEN THE DEPARTMENT AND THE APPLICANT. THE BOARD OF COUNTY COINtMISSIONERS (OR THE CITY COUNCIL) HAS PASSED RESOLUTION NUMBER 78-9R WHICH AUTHORIZES THE EXPENDITURE OF FUNDS FOR THE SPECIFIED PROGRAMS. IF FEES OR CONTRIBUTIONS ARE TO BE UTILIZED AS MATCHING FOR THIS GRANT, OR IF A DELEGATE AGENCY IS TO PROVIDE THE MATCHING SHARE, AND THESE FUNDS ARE NOT FORTHCOMING, THIS RESOLUTION ALSO SPECIFIES THAT THE CITY OR COUNTY WILL PROVIDE THE NECES- SARY MATCH. , THIS APPLICANT FURTHER CERTIFIES, DUE TO NEW LEGISLATIVE INTENT NOT TO DUPLICATE SERVICES AND THAT THESE PARTICUItaR SERVICES ARE NOT BEING PROVIDED NOR ARE THEY AVAILABLE FROM ANY OTHER STATE AGENCY. ALTHOUGH SIMILAR SERVICES MAY BE AVAILABLE, THE.APPLICANT CERTIFIES THAT NO OYHER RESOURCE EXISTS TO PROVIDE THESE PARTI- CULAR SERVICES TO THESE CLIENTS WITHOUT THE USE OF THIS MONEY. William C. TWodtke, JR. 1 ,Name (typed) Signature • 1 • Chairman, Board of County CotmAssioners,'Indian River county, Florida Title Mayor or Chairman of Board of County Commissioners) 2145 14th AVenue,•Vero Beach, Florida 32960 Address 305 569-1940 -Telephone ATTESTED BY: Freda wright .�hr�/.'�_ �C•:� • ,l' Name typed Signature L� Clerk Title SEP 0 6 1978 V 0 IM COMMISSIONER SIEBERT STATED THAT HE HAS RECEIVED A REQUEST, AS CHAIRMAN OF THE PROPERTY APPRAISAL ADJUSTMENT BOARD, THAT THE TWO MEMBERS OF THE SCHOOL BOARD BE COMPENSATED ON A PER DIEM BASIS FOR SITTING ON THAT BOARD. HE STATED THAT HE DOES NOT FEEL THIS REQUEST IS OUT OF LINE BECAUSE OF THE TIME THEY PUT IN ON IT, BUT HE WOULD LIKE SOME DISCUSSION ON THE MATTER, HE NOTED THAT THE SCHOOL BOARD MEMBERS ARE PAID ONLY $300 A MONTH, AND THEY SPENT A GREAT DEAL OF TIME ON THE PROPERTY APPRAISAL ADJUSTMENT BOARD. HE FURTHER NOTED THAT IF WE AGREE ON THIS, THE COSTS ARE SPLIT BETWEEN THE COUNTY AND THE SCHOOL BOARD-- 3/5 TO 2/5, ATTORNEY COLLINS STATED THAT HIS FEELING IS THAT THE COMMISSIONERS PUT IN AS MUCH TIME AS THE SCHOOL BOARD MEMBERS, AND HE FELT THE COMPENSATION SHOULD BE UNIFORM, THIS WAS A COMPLETELY OVERTIME SITUATION AND WENT LATE AT.NIGHT MANY TIMES. HE SAW NO REASON WHY COMPENSATION SHOULD NOT BE PROVIDED, AND NOTED THAT THE STATE HAS GUIDELINES AS TO THE COMPENSATION AVAILABLE, MOTION WAS MADE BY COMMISSIONER SIEBERT THAT THE MEMBERS OF THE PROPERTY APPRAISAL ADJUSTMENT BOARD BE COMPENSATED AS PROVIDED BY LAW, HE STATED THAT HE WOULD GIVE HIS COMPENSATION TO THE fly," COMMISSIONER SCHMUCKER NOTED THAT IF SERVING ON THIS BOARD CONTINUES TO BE AS INVOLVED AND AS LENGTHY AS IT WAS THIS TIME, IT WILL BE DIFFICULT TO GET PEOPLE TO SERVE. COMMISSIONER LOY FELT BOTH AREAS SHOULD BE COMPENSATED. 9 CHAIRMAN WODTKE STATED THAT BEFORE HE COULD VOTE FOR THE MOTION, HE WOULD WANT TO KNOW WHAT THE COMPENSATION WOULD BE, COMMISSIONER SIEBERT STATED THAT SINCE THE MOTION HAD NOT RECEIVED A SECOND, HE WOULD WITHDRAW IT UNTIL HE CAN RESEARCH THIS FURTHER WITH THE SCHOOL BOARD MEMBERS, THE BOARD THEN DISCUSSED THE LARGE AMOUNT OF TIME SPENT ON 1 PROPERTY APPRAISAL ADJUSTMENT BOARD MATTERS BY THE ATTORNEY, AND. COMMISSIONER Loy COMMENTED THAT THIS JOB WENT WAY BEYOND WHAT IS �a COVERED IN THE ATTORNEY'S REGULAR DUTIES. ('* 26 t- Fr- SEP 0 6 1978 u ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE TIME SPENT WORKING ON THE PROPERTY APPRAISAL ADJUSTMENT BOARD MATTERS AS AN ADDITIONAL ITEM FOR THE ATTORNEY. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS PREPARED A RESOLUTION WHICH BASICALLY COVERS THE SPECIFIC AND GENERAL AUTHORITY TO CLOSE ON THE HOSPITAL PURCHASE. HE ANTICIPATED THAT THE CLOSING WILL TAKE PLACE SEPTEMBER 12TH AND STATED THAT THE BOARD, IF SO INCLINED, COULD AUTHORIZE PASSAGE OF THE RESOLUTION SUBJECT TO FILLING IN THE AMOUNT OF THE SINKING FUND RESERVE ACCOUNT. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 78-59 SUBJECT TO THE AMOUNT OF THE SINKING FUND RESERVE ACCOUNT BEING FILLED IN. 27 RESOLUTION NO. 78-59 WHEREAS, INDIAN RIVER COUNTY, a political subdivision s of the State of Florida and INDIAN RIVER COUNTY HOSPITAL DISTRICT,. r a special taxing district organized by the Legislature of the State of Florida, have entered into a Contract For Sale and Pur- chase dated June 21, 1978 for the sale of the hospital building sit- uate a't 1840 -25th Street, Vero Beach, Florida, together with certain surrounding real property, and WHEREAS, the Contract For Sale provides for certain deeds and bills of sale to be executed by the INDIAN RIVER COUNTY HOSPITAL DISTRICT, and WHEREAS, the Contract For Sale provides for the transfer of and assumption by INDIAN RIVER COUNTY of all remaining obliga- tions of that certain bond issue described as $750,000.00 Indian River County, Florida, Hospital Bonds (1959) issued by Indian River County pursuant to Chapter 155, Florida Statutes, and WHEREAS, the Contract For Sale provides for the transfer to INDIAN RIVER CPUNTY of othe sinking fund reserve account, 1959, a hospital bond issue balance presently held at the Florida First National Bank at Vero Beach in the amount of $54,000.00, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: 1. That the Chairman and Clerk of the Board of County Commissioners of Indian River County, Florida are authorized to accept, on behalf of INDIAN RIVER COUNTY, all deeds, bills of i . sale, and other appropriate documents necessary to transfer title to the real and personal property which is the subject of the Contract For Sale and Purchase'.referred to above, to INDIAN • s RIVER COUNTY. 2. That the Chairman and'Clerk of the Board of County Commissioners of Indian River County are authorized to execute, on behalf of INDIAN RIVER COUNTY, all documents necessary and appropriate to assume the $750,000.00 Indian River County, Florida, Hospital Bonds (1959) Issue and all obligations and liabilities thereunder. 3. That the balance in the.sinking fund reserve account of the $750,000.00 Indian River.County, Florida, Hospital Bonds (1959) Issue presently held at the Florida First National Bank at Vero Beach in the amount of $54,000.00, presently under the name of the Indian River County Hospital District be paid over and transferred.to an account or accounts in the name of INDIAN RIVER COUNTY or cash accounts under such authority for withdrawal as may be designated by Indian River County. 4. That'the Chairman and Clerk of the Board of County Commissioners of Indian River County, Florida, are authorized to execute, on behalf of INDIAN RIVER COUNTY, such other agreements. and documents necessary to consummate the above referred trans- action. .Said Resolution shall become effective as of the 6th day of September,.r1978. t. A BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA William C. odtke, 'r., Chairman Attest: - 1 _ Freda Wright, Clerk SEP 0 0 1978 THE CHAIRMAN ASKED ABOUT THE INTEREST ACCOUNT, AND ATTORNEY COLLINS EXPLAINED THAT THE INTEREST WAS DUE AUGUST 1ST AND THE MAJORITY OF THE INTEREST IN THE ACCOUNT HAS BEEN PAID OUT BY THE HOSPITAL WE ARE ONLY ENTITLED TO THE ACCRUAL SINCE THAT DATE, ATTORNEY COLLINS NOTED THAT IT WILL BE NECESSARY TO SET UP A SINKING FUND RESERVE ACCOUNT, .ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE FINANCE DEPARTMENT TO SET UP A SINKING FUND RESERVE ACCOUNT FOR THE HOSPITAL BONDS AND ARRANGE FOR THE APPROPRIATE OFFICIALS TO SIGN ON THIS ACCOUNT. ATTORNEY COLLINS NOTED THAT WE WILL NEED TO BE THINKING ABOUT TAKING OVER SECURITY AT THE HOSPITAL, HE CONTINUED THAT THE WATER METERS WILL BE READ AND THE GAS SUPPLY CHECKED, AND ALL OF THESE THINGS WILL BE PROBATED ON THE CLOSING STATEMENT. ASSISTANT ADMINISTRATOR NELSON IS GOING OVER THE INVENTORY. THERE ARE SPARE PARTS THE COUNTY WILL BE RECEIVING TO RUN THE VARIOUS EQUIPMENT, CHAIRMAN WODTKE ASKED IF THERE ARE SPECIFIC MAINTENANCE CONTRACTS IN EXISTENCE SUCH AS ON THE AIR CONDITIONING UNITS, ETC., THAT WE MIGHT WANT TO CONSIDER CONTINUING. THE ADMINISTRATOR STATED THAT THERE IS ONE, AND THIS WILL BE DISCUSSED LATER. THE ATTORNEY FELT THERE WILL BE A'LOT OF THINGS SUCH AS THIS THAT WILL COME UP AND COULD BE HANDLED ADMINISTRATIVELY AND POSSIBLY THERE SHOULD BE A MOTION GIVING THE ADMINISTRATOR THIS AUTHORITY, HE NOTED THIS WILL BE BROUGHT UP UNDER THE ADMINISTRATOR`S ITEMS LATER. HE CONTINUED THAT HE WILL HAVE A CLOSING STATEMENT MADE UP REFLECTING ALL PRO RATIONS AND COSTS INVOLVED AND SUGGESTED THERE BE A MOTION AUTHORIZING THE CHAIRMAN TO EXECUTE ANY CLOSING DOCUMENTS NECESSARY, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO EXECUTE ANY CLOSING DOCUMENTS NECESSARY IN REGARD TO THE PURCHASE OF THE HOSPITAL, 30 SEP 0 6 1978 • ® r SHERIFF JOYCE CAME BEFORE THE BOARD IN REGARD TO SECURING THE LAST QUARTER 1976-77 PAYMENT DUE THE CRIME LABORATORY AT INDIAN RIVER COMMUNITY COLLEGE. THE SHERIFF EXPLAINED THAT THE CRIME LABORATORY CHANGED THEIR BILLING PROCEDURE SOMETIME IN JULY OF 1977 AND THEREFORE, DIDN'T BILL THE SHERIFF'S DEPARTMENT FOR THEIR LAST QUARTER PAYMENT UNTIL THE DEPARTMENT'S BOOKS WERE CLOSED FOR THE YEAR. HE POINTED OUT THAT SINCE THEY DID NOT KNOW UNTIL JANUARY 18TH THAT THE PREVIOUS JULY IST PAYMENT WAS STILL DUE, AND SINCE THEIR BUDGET WAS CLOSED, THEY HAD NO OTHER WAY TO PAY THIS. A. M. COMMISSIONER SIEBERT LEFT THE MEETING AT 10:25 O'CLOCK COMMISSIONER LOY NOTED THAT THE MONEY TO MAKE THIS PAYMENT ACTUALLY WAS CARRIED IN THE SHERIFF'S BUDGET FOR THAT YEAR, BUT THEN - WAS TURNED BACK TO THE COUNTY AT THE END OF THS YEAR. SHERIFF .JOYCE AGREED THAT WAS THE CASE, AND NOTED THAT THEY ARE IN A BAD POSITION BECAUSE THE STATE WON'T FUND THIS AND THE MONEY THEY ARE,TRYING TO RECOUP IS VERY IMPORTANT TO THE CRIME LABORATORY, DAN NIPPES, CHIEF CRIMINOLOGIST AT THE CRIME LABORATORY, AGREED THAT THERE WAS AN ERROR DUE TO A CHANGE IN THE BILLING PROCEDURE. THE CRIME LABORATORY IS ON A DIFFERENT FISCAL YEAR THAN THE SHERIFF, AND THE BILLING MECHANISMS WERE NOT HANDLED PROPERLY TO GET THE BILLS OUT IN THE PROPER TIME PERIOD. FINANCE OFFICER BARTON CONFIRMED THAT THE SHERIFF TURNED BACK TO THE BOARD MONEY THAT WASN'T USED IN HIS BUDGET YEAR AND THEN THIS BILL CAME IN. SINCE IT IS AN ITEM FROM A PREVIOUS YEAR, THE FINANCE DEPARTMENT NEEDS AUTHORITY FROM THE BOARD IN ORDER TO PAY IT. COMMISSIONER LOY FELT THAT IT IS OUR RESPONSIBILITY TO PAY IT BECAUSE THE $3,651.63, WHICH SHOULD HAVE BEEN PAID, WAS NOT EXPENDED FROM THE SHERIFF'S BUDGET AND WAS TURNED BACK TO THE GENERAL FUND, THIS WOULD NOT HAVE BEEN TURNED BACK IF THE BILLING HAD BEEN TIMELY, AND WE NOW NEED A BUDGET AMENDMENT. 31 SEP 0 6 178 j PA "i E�- ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, COMMISSIONER SIEBERT BEING TEMPORARILY ABSENT FROM THE MEETING, THE BOARD APPROVED A BUDGET AMENDMENT TO PAY THE BILL FOR $3,651.63 AS SUBMITTED BY THE REGIONAL CRIME LABORATORY OF INDIAN RIVER COMMUNITY COLLEGE, WHICH IS OUR SHARE OF THE FISCAL YEAR 1976-77 AND WAS NOT PAID AT A PRIOR DATE DUE TO BILLING COMPLICATIONS. THE BUDGET AMENDMENT IS AS FOLLOWS: ACCOUNT TITLE ACCOUNT NO, INCREASE DECREASE TITHER LAW ENFORCEMENT 01-3103-341.01 $3,651.63 RES. FOR CONTINGENCIES 01-9990-701.00 $3,651.63 SHERIFF .JOYCE INFORMED THE BOARD THAT TOMORROW THERE WILL BE A HEARING IN REGARD TO CONFISCATING A DC -3 AIRPLANE ALLEGEDLY CONNECTED WITH DRUG TRAFFICKING. HE NOTED THAT THE MONEY WHICH MAY BE OBTAINED FOR SELLING THIS AIRPLANE WILL GO TO THE GENERAL FUND, AND REQUESTED THAT AFTER EXPENSES ARE DEDUCTED, THAT THE FUNDS RESULTING FROM SUCH A SALE BE EARMARKED FOR LAW ENFORCEMENT OPERATIONS SPEC; FICALLY,INVOLVING NARCOTICS. THE BOARD AGREED THAT THIS WILL BE DISCUSSED AFTER THE MONEY IS ACQUIRED. COMMISSIONER SIEBERT RETURNED TO THE MEETING AT 10:35 O'CLOCK A.M. CHAIRMAN WODTKE REQUESTED THAT HE BE ALLOWED TO BRING UP AN EMERGENCY ITEM TO DO WITH WATER AND INVOLVING MID FLORIDA UTILITIES Co. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED ADDING THE EMERGENCY ITEM REQUESTED BY THE CHAIRMAN TO TODAY'S AGENDA. CHAIRMAN WODTKE PROCEEDED TO DISCUSS THE PROBLEMS THE COUNTY HAS HAD WITH MID FLORIDA UTILITIES WHICH I.S OWNED BY GENERAL WATERWORKS, MENTIONING THE RATE HEARINGS WE HAVE HAD AND THE SUIT IN WHICH THE COUNTY IS NOW INVOLVED. HE NOTED THAT IT WILL BE NECESSARY TO HAVE ANOTHER RATE HEARING IN DECEMBER. THE CHAIRMAN INFORMED THE BOARD THAT A REPRESENTATIVE OF MID FLORIDA APPROACHED HIM BETWEEN HEARINGS IN REGARD TO THE POSSIBILITY OF THE COUNTY 32 avjK 36 F—"1- v-7 PURCHASING MID FLORIDA UTILITIES, AND HE INFORMED THE REPRESENTATIVE THAT THE COUNTY WOULD BE INTERESTED IN DISCUSSING THIS POSSIBILITY BUT NOT WHILE WE WERE INVOLVED IN THE RATE HEARINGS. THE CHAIRMAN POINTED OUT THAT AT THE SECOND RATE HEARING MID FLORIDA TOOK A TOTALLY DIFFERENT APPROACH, AND ALL OF A SUDDEN, THE TESTIMONY WAS THAT THE DISTRIBUTION SYSTEM WAS IN EXCELLENT SHAPE. CHAIRMAN WODTKE CONTINUED THAT RECENTLY MID FLORIDA REPRESENTATIVES HAVE VISITED ADMINISTRATOR .KENNINGS AND HAVE•STATED THAT THEY WERE GOING TO UPGRADE THE SYSTEM, IMPROVE THE WELLS, THE QUALITY OF THE WATER, ETC. THEY WERE ASKED TO CONFIRM THIS IN WRITING, BUT SUCH CONFIRMATION HAS NEVER BEEN RECEIVED. THE CHAIRMAN NOTED THAT AT THE PRESENT TIME, MID FLORIDA HAS LOST ONE OF THE WELLS THEY WERE UTILITZING; APPARENTLY COMPLETELY AND FOREVER, WHICH LEAVES THEM WITH JUST ONE WELL. THE CHA RMAN INFORMED THE BOARD THAT TWO WEEKS AGO, HE, THE ADMINISTRATOR, THE ATTORNEY AND ENGINEER BEINDORF, MET WITH MID FLORIDA TO DISCUSS A PROPOSAL FOR THE COUNTY TAKING OVER MJ D FLORIDA UTILITIES. AT THIS TIME MID FLORIDA CAME UP WITH A FIGURE OF $400,000 WHICH THEY STATED WOULD BE THE COST OF PUTTING IN NEW WELLS OR THE COST OF A NEW TREATMENT PLANT, CHAIRMAN WODTKE INFORMED THE BOARD THAT IN 1973 WHEN WE WERE IN A COUNTY WIDE SEWER AND WATER STUDY, THE ESTIMATE DOCUMENTED ON BEHALF OF THE COUNTY FOR THE MID FLORIDA SYSTEM WAS $381,000. MID FLORIDA AT THAT TIME HAD A PRICE OF $650,000. THE CHAIRMAN CONTINUED THAT MID FLORIDA HAS NOW PRESENTED HIM WITH A STUDY AND A PROPOSAL ON THE CURRENT SYSTEM, WHICH SHOWS AN ORIGINAL PRICE OF $540,000, A CURRENT BOOK VALUE OF $409,700 AND A REPRODUCTION COST AS OF FEBRUARY 1974, OF $729,000. CHAIRMAN WODTKE INFORMED THE BOARD THAT HE HAS SINCE HAD FURTHER CONVERSATION WITH LEWIS MASOTTI, A VICE PRESIDENT OF GENERAL WATERWORKS CORPORATION, WHO HAS INDICATED THAT A FIGURE OF $250,000 WOULD BE ACCEPTABLE, AND THIS IS THE FIGURE HE WISHES THE BOARD TO CONSIDER AND DECIDE WHAT STEPS TO TAKE NEXT - WHETHER TO ACCEPT, CONTINUE TO NEGOTIATE, OR COMPLETELY REJECT THE PROPOSAL, 33 SEP 0 6 1978 bb CHAIRMAN WODTKE STATED IT IS HIS FEELING THAT IF WE SHOULD GO THROUGH ANOTHER RATE HEARING IN DECEMBER THAT MID FLORIDA WILL INCLUDE ALL THE ADDITIONAL EXPENSES INCURRED IN PREPARING THEIR CASE AS PART OF THEIR INVESTMENT AND EXPECT A RETURN ON THEM, HE WAS THOROUGHLY CONVINCED THAT MID FLORIDA WILL NOT DO ANYTHING TO IMPROVE THE QUALITY OF THE WATER OR THE SERVICE UNLESS THEY ARE GUARANTEED A RETURN OF 1010'a OR 11% ON THEIR MONEY, THE CHAIRMAN ALSO FELT, IN VIEW OF THE COMMITMENT WE HAVE MADE IN REGARD -TO DEVELOPING A COUNTYWIDE WATER SYSTEM, THAT SHOULD WE CONTINUE WITH MID FLORIDA AND -REQUIRE THEM TO MAKE EXTENSIVE IMPROVEMENTS, THAT IN TWO OR THREE YEARS WE WILL BE NEGOTIATING WITH THEM TO TAKE OVER THEIR SYSTEM AND AT A CONSIDERABLY HIGHER PRICE. CHAIRMAN VIODTKE FELT IT MUST BE UNDERSTOOD, HOWEVER, THAT IF WE WERE TO TAKE THIS SYSTEM OVER, THAT WE HAVE NO WATER ANY BETTER THAN MID FLORIDA IS ABLE TO PRODUCE RIGHT NOW, AND THAT.,HE IS ALSO ASSUMING THAT THE COUNTY COULD WORK WITH THE CITY ON ANY EMERGENCY PROBLEM THAT MIGHT ARISE AS THE CITY HAD INDICATED TO MID FLORIDA THAT IT WOULD WORK WITH THEM ON ANY EMERGENCY SITUATION, ENGINEER BEINDORF THEN REVIEWED THE FIGURES PRESENTED AND THE PROBLEMS INVOLVED. HE NOTED THAT THE STATE HAS BEEN COMPLAINING ABOUT THE SOLIDS AND THE IRON CONTENTS OF THE WATER, AND HE DOES NOT BELIEVE MID FLORIDA HAS EVER COMPLETELY SATISFIED THEM IN THIS PROBLEM AREA. ANOTHER AREA OF CONCERN AS THAT THERE IS ABOUT 16,000 TO 18,000 FEET OF 1-1/2" GALVANIZED LINE WHICH WAS PUT IN SOMETIME IN THE 1960'S WHICH IS GIVING PROBLEMS FROM DETERIORATION AND SOME REPLACEMENTS WILL HAVE TO BE MADE, THE ASBESTOS LINES LYING WEST OF ROCKRIDGE HAVE NOT BEEN A PROBLEM, BUT AN IN DEPTH STUDY HAS NOT BEEN MADE. ENGINEER BEINDORF FURTHER NOTED THAT THE 150,000 GALLON ELEVATED STORAGE TANK WAS A USED TANK WHEN IT WAS PUT UP IN THE EARLY 1960'S, AND ITS CONDITION IS NOT A KNOWN FACTOR. HE STATED THESE ARE ALL PROBLEM AREAS, BUT FELT THAT $250,000 IS A TREMENDOUS DROP IN PRICE. HE NOTED THAT THE SYSTEM HAS OVER 1,000 CUSTOMERS AND THAT THERE IS A BIG POTENTIAL IN THIS AREA. ENGINEER BEINDORF STATED THAT THEY WILL NEED TO STUDY THE SYSTEM AND SEE HOW IT WILL 34 SEP ful6 19 6� er^ �'C''a FIT INTO THE SOUTH COUNTY SYSTEM WHICH THEY ARE AUTHORIZED TO STUDY, HE WILL REPORT ON THIS IN THE NEAR FUTURE. COMMISSIONER SIEBERT ASKED IF ENGINEER BEINDORF FELT $250,000 WAS A FAIR PRICE, TAKING INTO CONSIDERATION THAT THE COUNTY WILL HAVE TO ACQUIRE THE PLANT EVENTUALLY, AND ENGINEER BEINDORF FELT THAT IT WAS, COMMISSIONER SCHMUCKER INQUIRED ABOUT THE INCOME FROM THE SYSTEM, AND COMMISSIONER LOY STATED THAT IT.WAS $115,502 LAST YEAR. COMMISSIONER SIEBERT NOTED THAT IF WE SHOULD PURCHASE THAT SYSTEM, THE -COUNTY WOULD CERTAINLY NOT OPERATE IT THE WAY IT HAS BEEN OPERATED, BUT WOULD HAVE TO BRING IT UP TO THE STANDARDS WE FIND ACCEPTABLE FOR OUR CITIZENS. THE CUSTOMERS THEREFORE, WOULD HAVE TO BE MADE AWARE THAT THE RATE STRUCTURE WOULD NOT HOLD BECAUSE IT WILL COST MORE WHEN THE IMPROVEMENTS ARE PUT IN. ENGINEER BEINDORF STATED THAT IF THIS IS PURCHASED, WE WOULD BE TWO YEARS AHEAD IN SETTING UP A SOUTH COUNTY WATER SYSTEM. HE STATED THAT TO IMPROVE THE WATER QUALITY WILL EITHER NECESSITATE PURCHASING WATER FROM THE CITY OF VERO BEACH OR HAVING OUR OWN WELLFIELD, WHICH WOULD TAKE A PERIOD OF TIME TO ACCOMPLISH, AND HE FELT WE SHOULD HAVE SOME ASSURANCE THAT THE CITY WILL ASSIST IN AN EMERGENCY SITUATION. ATTORNEY COLLINS RECOMMENDED THAT CONSIDERATION BE GIVEN TO PURCHASING THIS SYSTEM THROUGH THE TAXING DISTRICT WHICH HAS'ALREADY BEEN ESTABLISHED AND LIES ONLY WITHIN THE UNINCORPORATED AREAS. CHAIRMAN 14ODTKE AGREED THERE ARE SOME ALTERNATIVES AVIALABLE AND STATED THAT HE JUST WANTED THE BOARD TO EXPLORE THE POSSIBILITIES NOT NECESSARILY MAKE ANY DECISIONS TODAY, COMMISSIONER LOY FELT THAT BASED ON THE HISTORY OF THE PROBLEMS WE HAVE HAD WITH THIS PARTICULAR COMPANY, AND IN LINE WITH OUR OTHER COUNTY PLANS, THE BEST INTERESTS OF THE PEOPLE ON THE SYSTEM WILL BE SERVED BY THE COUNTY TRYING TO NEGOTIATE A REASONABLE PRICE TO ACQUIRE THE SYSTEM, EVEN THOUGH THIS CANNOT BE AN OVERNIGHT PANACEA TO THE PROBLEM. SEP Oi 619` ��" p�,� � COMMISSIONER SCHMUCKER CONCURRED, AND NOTED THAT MID FLORIDA HAS HAD A `tDO-NOTHING It APPROACH WITH REGARD TO THIS SYSTEM FOR THE LAST FIVE OR SIX YEARS. HE FELT WE SHOULD BE SATISFIED THAT THIS IS A REASONABLE OFFER AND PURSUE IT BECAUSE -IF WE WAIT UNTIL THE RATE HEARING, HE DID NOT FEEL WE WILL COME ANYWHERE NEAR THIS KIND OF A PRICE, THIS AREA. DISCUSSION FOLLOWED ON OTHER SMALL FRANCHISE SYSTEMS IN ADMINISTRATOR J ENNINGS STATED THAT HE BELIEVES THIS IS A GOOD AREA AND IN ANY EVENT, THE COUNTY IS GOING TO HAVE TO GET INTO THIS SOONER OR LATER, HE NOTED THAT WE WANT TO GET TO A POINT WHERE THE PEOPLE IN THE COUNTY CAN GET GOOD WATER AND HE DID NOT BELIEVE THEY CAN GET IT IN THESE SMALL SYSTEMS, THE ADMINISTRATOR FELT THAT A PRICE OF $250,000 FOR MID FLORIDA IS WITHIN THE REALM OF REASON. HE AGREED THAT THERE ARE PROBLEMS, BUT POINTED -OUT THAT THE COUNTY WOULD ALSO BE PUTTING AWAY A RATE HEARING AND LAWSUITS AND WOULD SAVE MONEY IN THAT WAY. INTERGOVERNMEOTAL COORDINATOR THOMAS FELT WE SHOULD PURSUE THIS MATTER WITH'FARMERS HOME ADMINISTRATION AS WE STILL HAVE A COMMITMENT AVAILABLE, ATTORNEY COLLINS AGREED THAT FHA APPEARS TO BE THE CHEAPEST OF ALL ALTERNATIVES AVAILABLE. HE NOTED THAT THERE ALREADY ARE 11000 CUSTOMERS AND FELT THERE WILL BE FOUR TO FIVE TIMES THAT MANY AVAILABLE IN THE AREA IN THE NEAR FUTURE, HE NOTED THAT THIS WOULD BE FOR THE ENTIRE TAXING DISTRICT, COMMISSIONER SCHMUCKER ASKED ABOUT THE AMOUNT OF MONEY THAT COULD BE RAISED IN THE TAXING DISTRICT RIGHT AWAY, AND ATTORNEY COLLINS FELT SUFFICIENT MONEY COULD BE RAISED FOR PLANNING BUT THAT IT WOULD NOT BE FAIR TO RELY ON IT FOR THE BIG CAPITAL EXPENDITURES AND THAT FHA WOULD BE THE ANSWER FOR THOSE, CHAIRMAN WODTKE NOTED THAT HE DID GET A BREAKDOWN OF THE VALUE OF THE PROPERTY IN THAT DISTRICT WHICH IS ABOUT $87,247.000, liE AGREED THAT WE NEED TO CHECK INTO THE FHA MONEY.THAT IS AVAILABLE. IN FURTHER DISCUSSION, COMMISSIONER SIEBERT FELT THF APPROPRIATE PEOPLE SHOULD BE AUTHORIZED TO TALK TO FHA; COMMISSIONER 36 SEP 0 6 1978 SCHMUCKER AGREED THAT WE SHOULD PROCEED; AND COMMISSIONER DEESON CONCURRED THAT THE CHAIRMAN SHOULD CONTINUE NEGOTIATING WITH OFFICIALS OF MID FLORIDA. THE BOARD AGREED THAT THE CHAIRMAN SHOULD CONTINUE TO NEGOTIATE WITH ALL THE OFFICIALS INVOLVED AND THAT THE MATTER SHOULD BE RESEARCHED WITH FARMERS HOME ADMINISTRATION. COMMISSIONER SIEBERT LEFT THE MEETING AT 11:20 O'CLOCK A. M. HAMILTON ARDEN OF ARDEN INSURANCE SERVICES CAME BEFORE THE BOARD TO DISCUSS RENEWAL OF WORKMEN'S COMPENSATION INSURANCE. HE STATED, IN REGARD TO THE FIGURES HE PRESENTED, THAT NO MATTER HOW YOU PLAY WITH DISCOUNTS, ETC., THERE SIMPLY IS AN S% SURCHARGE FOR BEING IN THE PLAN. HE ALSO PRESENTED TO THE BOARD A CRITIQUE ON THE ADVANTAGES AND PIT -FALLS INVOLVED IN SELF-INSURANCE. MR. ARDEN EXPLAINED THAT AN INSURANCE COMPANY HAS TO GO THROUGH A CERTAIN FORMULA TO ARRIVE AT RATES, AND IT TAKES THREE YEARS TO GO THROUGH THE FORMULAS, HE NOTED THAT THE COUNTY DID HAVE A BAD YEAR AND ALSO RESISTED THE IN-HOUSE SAFETY PROGRAM WHICH HAS RESULTED IN THE RATES PRESENTED. MR. ARDEN EXPLAINED THAT COUNTIES IN GENERAL ARE NOT A DESIRABLE CLASS BECAUSE THEY HAVE A NUMBER OF CLASSIFICATIONS WHICH CAN PROMPT SEVERE CLAIMS. DISCUSSION FOLLOWED ON THE PROS AND CONS OF HAVING A SAFETY DIRECTOR AND WHETHER THE COST WOULD JUSTIFY THE RESULTS, MR. ARDEN POINTED OUT THAT SELF -INSURERS EXPERIENCE THE SAME THINGS THAT INSURANCE COMPANIES DO, AND POINTED OUT THAT THE COUNTY IS CONTEMPLATING GOING INTO A FUND THAT IS NON-EXISTENT. HE FELT THAT THE FIRM WHO IS GOING TO HANDLE THE FUND HAS AN EXCELLENT REPUTATION, BUT THE FUND ITSELF HAS NO TRACK RECORD. FINANCE OFFICER BARTON NOTED THAT THIS IS THE SECOND YEAR WE WILL BE IN THE ASSIGNED RISK CATEGORY AND ASKED IF WE DID HIRE A SAFETY DIRECTOR AND THE EXPERIENCE LEVELED OFF, IS THERE A POINT IN TIME WHEN WE WOULD COME OUT OF THE ASSIGNED RISK. MR. ARDEN STATED THAT THERE IS. 37 SES 6 178 BEN PARTRIDGE OF RISK MANAGEMENT SERVICES, THE FIRM WHICH IS PRESENTING THE WORKMEN'S COMPENSATION SELF-INSURANCE FUND PROPOSAL,CAME BEFORE THE BOARD TO ANSWER ANY QUESTIONS THEY MIGHT HAVE. COMMISSIONER LOY ASKED HOW THEY WOULD PLAN TO SERVICE THE COUNTY. MR. PARTRIDGE STATED THAT THEY HAVE A STAFF BASED IN ORLANDO WITH OUTSIDE ADJUSTERS AND SAFETY ENGINEERS LIVING ALL OVER THE STATE. HE INFORMED THE BOARD THAT THEY BELIEVE IN PERSONAL CLAIM SERVICE AND VISIT THE INJURED OR SICK AT HOME AND KEEP IN CONTTNUAL CONTACT WITH THEM. HE AGREED THAT A COMPREHENSIVE SAFETY PROGRAM IS THE FIRST STEP IN CUTTING DOWN ON LOSSES AND INFORMED THE BOARD THAT THEY DESIGN SAFETY PROGRAMS FOR CUSTOMERS AND ALSO ARE GEARED TO UPDATE THE CUSTOMER'S SAFETY PROGRAMS, MR, PARTRIDGE FURTHER NOTED THAT THEY HAVE A CLAIMS REPRESENTATIVE IN FORT PIERCE, AND THE COUNTY WOULD NOT BE DOING ANYTHING MORE THAN THEY ARE DOING,RIGHT NOW IN REGARD TO FILING CLAIMS. COMMISSIONER LOY ASKED HOW MANY COUNTIES HAVE SIGNED UP, AND MR. PARTRIDGE STATED THAT THEY HAVE ONE SO FAR - HOLMES COUNTY, AND FEEL THERE WILL BE MORE POSSIBLY NEXT WEEK, CHAIRMAN WODTKE EXPRESSED CONCERN ABOUT BEING LIABLE FOR OTHER COUNTY IS PROBLEMS, AND MR. PARTRIDGE STATED THAT HE DID NOT BELIEVE A COUNTY CAN BE HELD LIABLE FOR ANOTHER. ATTORNEY COLLINS STATED THAT HE COULD NOT CONFIRM THAT STATEMENT AND WOULD REFER TO THE STATUTES. FINANCE OFFICER BARTON BROUGHT UP THE POSSIBILITY OF THE FUND BEING BANKRUPTED BY CATASTROPHIC LOSSES. MR. PARTRIDGE REVIEWED PREMIUMS IN RELATION TO POSSIBLE MAXIMUM LOSSES AND STATED THAT THE PROGRAM IS FINANCIALLY SOUND. HE NOTED THAT THEY HAVE RE -INSURANCE WITH LLOYDS OF LONDON WHICH FIRM HAS BEEN AROUND 400 YEARS. ATTORNEY COLLINS ASKED HOW MANY PARTICIPANTS MR. PARTRIDGE FELT SHOULD BE IN THE POOL BEFORE IT IS ADVISABLE, AND HE STATED THAT $200,000 IN PREMIUMS IS SUFFICIENT TO START THE PROGRAM, OR eca 36 f: 'oj JUST TWO COUNTIES. HE SUGGESTED THAT IF THE BOARD IS LEARY OF MAKING A DECISION NOW, THAT AFTER HIS MEETINGS IN PENSACOLA AND THE PANHANDLE, HE.000LD GET BACK WITH SOME DEFINITE COtV ITMENTS AND A DOLLAR FIGURE ALREADY IN THE PROGRAM. CHAIRMAN WODTKE ASKED IF MEMBERS OF THE POOL HAVE ANYTHING TO SAY ABOUT THE EXPANSION OF THE POOL, MR. PARTRIDGE STATED THAT THEY DO BECAUSE THE BOARD OF TRUSTEES WHO DIRECT THE PROGRAM ARE MADE UP OF ELECTED OFFICIALS FROM AROUND THE STATE, ATTORNEY COLLINS ASKED IF THE COUNTY COULD INSIST ON BEING IN THE MUNICIPAL POOL, AND MR. PARTRIDGE STATED THAT THEY COULD NOT, AND FROM THE LOSS RECORDS THEY HAVE HAD, HE FELT THE COUNTY WOULD BE BETTER OFF IN A COUNTY POOL. HE NOTED THAT IN ALABAMA THE COUNTIES HAD A 25% DIVIDEND AND THE CITIES HAD A 7% DIVIDEND. CHAIRMAN WODTKE DISCUSSED THE POSSIBILITY OF A COUNTY SUCH AS DADE COUNTY BEING BROUGHT INTO THE POOL, AND MR. PARTRIDGE STATED THAT THE PROGRAM IS NOT DESIGNED FOR THE VERY LARGE COUNTIES, AND THEY WOULD NOT BE INVITED TO COME INTO THE POOL. COMMISSIONER Loy STATED THAT IN VIEW OF THE FACT THAT WE ARE STILL WORKING ON OUR BUDGET, SHE WOULD LIKE MORE TIME TO STUDY THE INFORMATION PRESENTED AND FELT IT WOULD BE HELPFUL IF MR, PARTRIDGE WOULD NOTIFY THE BOARD WITHIN THE NEXT FEW WEEKS AS TO THE COUNTIES THAT ARE PARTICIPATING, MR. ARDEN THEN DISCUSSED WITH THE BOARD THE FOLLOWING INFORMATION SUPPLIED TO PERSONNEL OFFICER DONLON IN REGARD TO PUBLIC OFFICIALS AND EMPLOYEES LIABILITY INSURANCE: 39 ,E� SEP 0 1973 NO 6 p�'u; 10"1 As requested at the last Commission Meeting, listed below are the recommended coverages which respond to the captioned insurance protection. The program is designed to protect a Public Official who is elected or appointed to a legally constituted Public Entity. The coverage is similar to Directors' and Officers' Coverage of large corporations and provides direct coverage to the Public Official or reimbursement to the Public Entity if it is permitted by law to indemnify an official. The policy responds to Legal Liability arising out of wrongful acts occurring while the 'Public Official is in office. The policy is written in the name of the County. Limit of Liability $1,000,000. Annual Premium 6,264. Deductibles: Per Person 2,500. Maximum per Loss 7;500. The above•quotation includes removing the "Employee Hiring Exclusion" which seemed to be of importance to the Commission. I strongly*recortimend your consideration of this coverage and shall await your direction before proceeding further. The premium quoted is based on an application submitted in January of this year and issuance of a policy would require updated information. COMMISSIONER LOY ASKED WHETHER THIS WOULD COVER VOLUNTEERS, SUCH AS THE ZONING BOARD, AND MR. ARDEN FELT THAT IT DOES AND STATED HE WOULD GET A DETERMINATION FROM THE CARRIER. FINANCE OFFICFR BARTON ASKED WHETHER THIS IS A ONE—YEAR OR THREE YEAR POLICY'WITH AN ANNUAL PREMIUM, AND MR. ARDEN STATED THAT IT IS A ONE'YEAR POLICY. DISCUSSION FOLLOWED ON THE POLICY COVERING THE PERSONNEL AS WELL AS THE COMMISSIONERS, AND ATTORNEY COLLINS NOTED THAT IN A RECENT SUIT AGAINST THE SCHOOL BOARD, THE SUPERINTENDENT WAS SPECIFICALLY NAMED ALSO, HE STATED THAT HE HAD RECOMMENDED THE BOARD HAVE SUCH A POLICY BEFORE AND STILL IS IN FAVOR OF IT. THE BOARD AGREED TO TAKE CARE OF THIS IN THEIR BUDGET AND HAVE IT EFFECTIVE AS OF OCTOBER 1ST. THE BOARD THEREUPON RECESSED AT 12:15 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 1:45 O'CLOCK P.P. WITH ALL MEMBERS PRESENT. ATTORNEY COLLINS INFORMED THE BOARD THAT THE COUNTY BOARD OF ADJUSTMENTS AND APPEALS HELD AN ORGANIZATIONAL MEETING, AND HE FELT THAT IF WE ARE GOING TO HAVE HIGHLY QUALIFIED PERSONS SERVING ON THIS BOARD WITHOUT ANY FEE THAT THE COUNTY SHOULD PROVIDE THEM WITH THE VARIOUS CODES WITH WHICH THEY ARE GOING TO BE DEALING. HE REQUESTED PERMISSION TO PURCHASE THE NECESSARY CODE BOOKS. vul SEP 061978 ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO PURCHASE THE NECESSARY BUILDING CODE BOOKS FOR THE COUNTY BOARD OF ADJUSTMENTS AND APPEALS, ATTORNEY COLLINS FURTHER NOTED THAT THE BOARD OF ADJUSTMENT AND APPEALS WILL INCUR SOME INCIDENTAL EXPENSES SUCH AS LEGAL NOTIFICATIONS, MAILINGS,AND POSSIBLY SOME TRAVEL EXPENSE, HE RECOMMENDED THAT THEY HAVE A BUDGET OF APPROXIMATELY $300,00, THE BOARD AGREED TO DISCUSS THIS IN BUDGET SESSIONS, ATTORNEY COLLINS NEXT BROUGHT TO THE ATTENTION OF THE BOARD A REQUEST FROM TAX COLLECTOR GENE E. MORRIS FOR A CHECK FROM THE BOARD FOR THEIR SHARE OF THE REFUND DUE ACF INDUSTRIES, INC., FOR 1973 AND 1974. THE ATTORNEY STATED THAT HE HAD REVIEWED THE ORDER OF REFUND AND THE INFORMATION PROVIDED AND FELT THE BOARD SHOULD AUTHORIZE THE REFUND. r ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED PAYMENT TO GENE E. MORRIS, TAX COLLECTOR, OF ZHE COUNTY'S LEGAL PORTION OF $155.02 FOR 1973 AND $117,46 FOR 1974, TO BE REFUNDED TO ACF INDUSTRIES, INC., PURSUANT TO THE ORDER OF REFUND FILED BY THE DEPARTMENT OF REVENUE, LETTER FROM TAX COLLECTOR MORRIS AND ORDER OF REFUND ARE HEREBY MADE A PART OF THE MINUTES, 41 m"a 36 t"- 0 hl; j1 tt��d {l� eag INDIAN RIVED. COUNTY TELEPHONEi (305) 562.2303 GENE E. MORRIS P. o. eox 1509 TAx COLLECTOR VERO BEACH, FLORIDA - 32960 August 29, "78 Board of County Comnissjoners Indian River Coupty Courthouse Vero Beach, Florida 32960 Dear Sir:' Enclosed please find a copy of the breakdown of taxes paid by. ACF Industries, Inc. for the.years 1973 and 1974. These funds have been previously distributed to your agency but we have enclosed a copy of the Order of Refund approved by the Department of Revenue together with a copy of their letter to this office. Since we have distributed all monies collected for current taxes, our previous agreement with you to -deduct from current distributions cannot be used in this case. We are, therefore, requesting that you issue a check in the amount shown, back to Gene E. Morris, Tax Collector, in order that this refund can be made back to ACF Industries, Inc. according to the order. Thanking you for your kind co-operation, I am Sincerely yours, Gene E. Morris County Tax Collector GEM/ba Enclosures (3) Amount Due = $67.46 SEP P 0197 C-1 OL61 9 0 d3S .-- --p -W, , Y.N. - d..: . I STATH 0P FIA) It I Dv% REVENUE DE,P,/UZ'1`MB NT OF TA 1, I.A I I A S' K U, :12:1 () 'I "ARRY L COE. JR. July 7, 1978 TO THE TAX COLLEcTOR AS ADDRESSED Dear Sir: The amounts indicated on the attached refund order are based on information furnished the. department by ACF Industries,* Inc. (Shippers Car Line) and verified by tele- ,)),one with the collectors' offices. Since this company was not able to furnish the department with validated receipts, please check these amounts with your records before making the refund. Sincerely, T Director Division of Ad Valorem Tax R1:1'j r/11WC/1 sb Attachment AN VQ11AL (114'01t I 1.'N1 IN F-N11*1 ONAM SEP 061978 06 PAU STATE OV 1'J,011I DA DEPARTMENT OF PEVENUI: In the matter of the ) application for refund ) of ) t '1 ACF Industries, Inc. ) ) TO: Honorable Gene E. Morris Indian River County Tax Collyctor Indian River County Courthouse Vero Beach, Florida 32960 ORDER OF REFUND On April 4, 1977, ACF Industries, Inc. made application for refund of 1972, 1973, 1974 and 1975 ad valorem taxes on its rolling stock paid to Indian River County, Florida: After having reviewed the application and evidence furnished in support thereof, the department makes the following findings: 1, The respective taxes for 1973, 1974, and 1975 were paid by ACF Industries, Inc. within f-our�.years next preceding April 4, 1977. 2. The authority of the Department of Revenue to make this assessment for 1972, 1973 and 1975 was declared invalid in the case of (Ioncr-a1 American Transportation Corporation v. Askew, 310 So.2d 46 (Fla. 1st DCA 1975), cert. denied, 328 So.2d 840 (Fla. 1975). 3. The refund claim for 1972 taxes is barred by the statute of limitations. 4.. There is no basis for.•an administrative determination that -the 1975 taxes should -he refunded. and in accordance therewith, and pursuant to the authority granted the department under §195.106, F.S., you are AUTIIORIZF.D AND DIRECTED to make,a refund in accordance with the provisions of 5195,106(2) and (3), F.S•, to ACF Industries, Inc. in the amount of $ 155.02 for 3973. and $ 117.46 —_--_ _ for 1974. DONE AND ORDFME'D at Tallahassee, Florida this 7 day of 1978. �Y« r? v• 1 17 Ilarry 1- C(le, Jr, Exo('111 l Ve Diroct-or Dc t�arlm� nt of kc•vorille SEP 0 6 1978x. THE BOARD NEXT TOOK UP A REQUEST FROM LLOYD AND ASSOCIATES THAT THE COUNTY ACCEPT A CASH BOND FOR UNCOMPLETED ROAD WORK IN MORTIMER PARKWAY (NOW KNOWN AS DEARIE PINES) SUBDIVISION, AS PER THE FOLLOWING LETTER AND ATTACHMENTS: LLOYD AND ASSOCIATES ENGINEERS AND SURVEYORS REPORTS DESIGNS SUPERVISION APPRAISALS CONSULTATIONS August 31, 1978 ROBERT F. LLOYD REGISTERED CIVIL ENDINEER 3530 REGISTERED LAND SURVEYOR 944 (305) 562.4112 1035 20TH STREET VERO BEACH. FLORIDA 324613 Mr. Jack Jennings County Administrator 2145 14th Avenue Vero Beach, Florida 32960 RE: Mortimer Parkway S/D Roads Dear Mr. Jennings: Confirming our telephone conversation this date, Mr. Orin Cummings is desirous of proceeding immediately with construction of homes in the above referenced s -db -division. The road construction which Mr. Cummings agreed to is well on the way, but is not completed as of this date. In lieu of completion we would like to post a cash bond for the uncompleted portion of work, so Mr. Cummings may proceed with the work. Below is a breakdown of the work and pay- ment to -wit: Contract with Pan-American $24,915.37 Payment to date - 19, 872.29 Balance $ 5,043.08 Credit for limerock - 661. 00 Total (Sub) $ 4,382.08 + Entrance off of S. R. 60 (Estimated) 2,000.00 TOTAL $ 6,38 1 2.03 Attached you will find the Release of Lien from Pan American for work completed in the amount of $19, 872.29 along with Mr. Cummings check in the amount of $6, 382. 03. When this job is completed, -,Nye will make a final inspection and will deliver to you all reports that are available. Yours very truly, LLOYD AND ASSOC ATES By: Robert F. Lloyd, P. E. 46 9009 PA.G" 0 t RAMCO'S FORM 403 RELEASE OF LIEN! e D. S f g KNOW ALL ME (V BY. Tf�L<S'E P.RL-;4.L'NM Thal the undersigned, for and in consideration of the payment of the sum of.... ............................ & Credit on contract $661.00 Nineteen Thousand Eight Hundred Seventy Two and/100 Dollars ($19.,J972-29 ) Orin Cummings receipt of which is hereby acknowledged, pa►d by the.......»..........................................................»»....»......».........................»..... p. Y Dearie Pines Sub -division and Orin Cummings hereby releases and quit claims to the said ......................... ............................... _................................... jl........................................................... , its successors and assigns, and..................Pan American Engineering Company... the owner, all liens, lien rights, claims or demands of any land whatsoever, which the undersi,-:.cd now has or might have against the building on premises legally described as .................. Mortimer Parkway Sub -division Known As---------Dearie Pines Development »».......».............................................................,.......»..................»....._................,............................................................................I........................._.... on account of labor performed and/or material furnished for the construction of any improvements thereon. That all labor and materials used by the undersigned in the erection of said improvements have been fully paid for. IN WITNESS WHEREOF, I have hereunto set my hand and seal this . .........31st ........................ August 78 dayof..............................»...........................»..».............., WITNESSES: _?LL'L...:.G� ....................... C Pa erican Eng' ecririg C fan .............................. .I..............' ....}�. .(N -el SEAL) (S AL) By.... .............................. i /t,,.. t . ................ Secretary/Treasurer STATE OF FLORIDA �.. COUNTY OF hereby acknowledge that the statements contained in the foregoing Release of Lien are true and correct. S 1. Sworn to and subscribed before me this _........ . �7/ ......day of............ !� r' .�...........................1 19 My commission expires: t,.,• .. t., ..No%iry..................................................:.... i , . f 1 9alance duce to Pin American Engincoring Company to coniplrte i.nipr.oveinonts par-CUIltrllctl Hated July 1.2 ,1(na is $•t, 3f33. O£i. �n,rm ;�,. SEP 0 619`8 PHONE t3051569-0300 PAN AMERICAN ENGINEERIN(77 CO,\APANY SOIL CEMENT STABILIZATION GRADING PAVING EQUIPMENT RENTALS BOX 877 VERO BEACH, FLORIDA 32960 August 31,1978 Mr. Orin Cummings Post Office Box 147 Vero Leach, Florida 32960 Re: Mortimer Parkway Sub -division, Known as Dearie Pines Development Dear Mr. Cummings: Pursuant to your request, I hereby itemize the schedule to complete the paving and grading improvements at Dearie Pines as follows: 1) Paving, August 31,1978/Sept. 1,1978 Permitting) 2) Grading and clearing, Week of September 5,1978 Weather permitting, all improvements shall be complete and ready for County Inspection an cceptance not later than September 10,1978. incerely, Norman C. Barrett Secretary/Treasurer NCB/ms r*W 6QQK SEP 0 613; L- ATTORNEY COLLINS NOTED THAT NORMALLY THIS TYPE OF THING WOULD BE FOR THE EARLY FILING OF THE PLAT AND STATED THAT HE DID NOT UNDERSTAND WHY THEY WANT TO DO IT THIS WAY. HE NOTED THAT YOU CAN'T 'CONSTRUCT HOMES UNTIL YOU FINALIZE THE PLAT. ADMINISTRATOR JENNINGS EXPLAINED THAT MORTIMER PARKWAY SUBDIVISION IS AN OLD SUBDIVISION OUT ON ROUTE 60 AND WAS PUT ON RECORD IN 1925. IT WAS AT ONE TIME WITHIN THE CITY LIMITS. RECENTLY SOME PEOPLE BOUGHT THIS AND WANTED TO PAVE THE ROAD AND SELL THE LOTS, BUT DID NOT WANT TO REPLAT TT. THE ADMINISTRATOR STATED HE INFORMED MR. LLOYD THAT IN ORDER TO DO THIS, THEY WOULD HAVE TO PAVE THE ROAD TO THE COUNTY'S SPECIFICATIONS AND ALSO GIVE 15' EASEMENTS ON THE BOUNDARY LINES FOR DRAINAGE EASEMENTS. ADMINISTRATOR JENNINGS CONTINUED THAT HE DID INSPECT THE SUBDIVISION BUT COULD NOT GIVE FINAL APPROVAL BECAUSE IT WAS NOT READY, AND THEY THEN REQUESTED TO BE ALLOWED TO 'PUT UP A CASH BOND FOR THE R'E-MAINING'WORK. THE ADMINISTRATOR INFORMED THE BOARD THAT WE NOW HAVE THE EASEMENTS AND A CHECK FOR $6,382.08 FOR THE CASH BOND ALONG WITH A LETTER OF UNDERSTANDING THAT THEY'CAN MAKE NO DRAWDOWN UNTIL THE ROAD IS A APPROVED AND ACCEPTED BY THE COUNTY, THE ADMINISTRATOR STATED THAT HE FEELS THE MONEY POSTED IS AMPLE TO FINISH THE REMAINING WORK AND HE WOULD LIKE THE BOARD TO ACCEPT THE CASH BOND. ON MOTION BY COMMISSIONER S-IEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ACCEPTED THE CASH BOND IN THE AMOUNT OF $6,382.08 POSTED BY ORIN CUMMINGS FOR COMPLETION OF MORTIMER PARKWAY SUBDIVISION (NOW KNOWN AS DEARIE PINES) AS PER LETTER FROM LLOYD AND ASSOCIATES -DATED AUGUST 31, 1978. CHAIRMAN WODTKE ANNOUNCED THAT.THE BOARD WOULD AT THIS TIME CONTINUE THE HEARING IN REGARD TO THE REMOVAL OF A HAZARDOUS STRUCTURE OWNED BY ,JOHN GAINES, JOHN GAINES INFORMED THE BOARD THAT HE -IS HERE BECAUSE MR. WALKER DECIDED THAT hIS HOUSE SHOULD BE TORN DOWN, AND HE HAS BEEN REFUSED A BUILDING PERMIT. HE STATED THAT HE HAS TAKEN PICTURES OF HAZARDOUS STRUCTURES THAT PEOPLE ARE PRESENTLY LIVING IN. HE ALSO STATED THAT THE PICTURE OF HIS HOUSE SUBMITTED AT THE PREVIOUS MEETING BY ZONING DIRECTOR WALKER IS ABOUT TWO YEARS OLD. 49 kr. pJ� Pw `. z; a. k, CHAIRMAN WODTKE ASKED IF SIR. GAINES HAD ANSWERED ANY OF THE NOTICES THAT HAVE BEEN SENT TO HIM THOUGH THE MAILS, AND MR, GAINES STATED THAT HE RECEIVED ONE NOTICE ABOUT THIS MEETING AND A NOTICE WAS PUT ON THE HOUSE. ATTORNEY COLLINS GAVE A DETAILED SEQUENCE OF THE EVENTS IN THIS MATTER GOING ALL THE WAY BACK TO 1970. ZONING DIRECTOR WALKER ALSO REVIEWED THE HISTORY OF THE SITUATION. HE NOTED THAT IN 1970 MR. GAINES ASSURED THEM THAT THE HOUSE, WHICH WAS GOING TO BE MOVED TO ITS PRESENT LOCATION, WOULD BE BROUGHT UP TO CODE, MR, WALKER NOTED THAT PEOPLE IN THIS AREA WHO HAVE BUILT HIGH PRICE RESIDENCES HAVE COME TO HIM AND ASKED THAT SOMETHING BE DONE ABOUT THIS STRUCTURE. HE PRESENTED THE BOARD WITH PICTURES TAKEN WITHIN THE LAST FEW DAYS SHOWING THE CONDITION OF THE HOUSE, MR. -WALKER NOTED THAT MR, GAINES WAS TOLD BY BUILDING DIRECTOR ADAMS THAT THE HOUSF, WAS NOT WORTH MOVING, BUT HE APPEALED TO THIS BOARD AND WAS ALLOWED TO MOVE IT TO ITS PRESENT LOCATION AND IT HAS BEEN CONTINUALLY DETERIORATING SINCE THAT TIME,. ZONING DIRECTOR WALKER STATED THAT THERE IS A 14 FOUNDATION WHICH COULD BE USED, BUT FROM THE FOUNDATION UP THE HOUSE IS INA DEPLORABLE CONDITION. HE AGREED THAT MR. GAINES HAS DONE SOME WORK ON THE HOUSE, BUT HE WORKS FOR A SHORT TIME AND THEN DISAPPEARS FOR A YEAR, MR. VALKER STATED THAT HE WOULD VERY MUCH LIKE FOR MR. GAINES TO BE ABLE TO BRING THE STRUCTURE UP TO PAR AND HAVE A NICE HOME, BUT FELT IT WOULD BE THROWING MONEY AWAY. ATTORNEY COLLINS REQUESTED THAT THE PICTURES SUBMITTED BY MR. WALKER BE DATED. MR. GAINES ONCE AGAIN•EXPLAINED TO THE BOARD ABOUT THE WORK HE HAS DONE ON THE HOUSE AND THAT HE HAS $8,000 INVESTED IN IT. HE STATED THE HOUSE IS ENTIRELY DIFFERENT FROM THE ONE MOVED OUT THERE EIGHT YEARS AGO, THE STUCCO HAS BEEN REMOVED AND SOME 2 X 4'S REPLACED. HE NOTED THAT HE CAN'T REPAIR TT WITHOUT A BUILDING PERMIT AND NO ONE WILL ISSUE HIM ONE, ALTHOUGH HE DID OBTAIN A MOVING PERMIT AND A SEPTIC TANK PERMIT. HE REITERATED 50 0009 Pa 1 THAT HE DOES WISH TO WORK ON THE HOUSE AND NOW HAS THE MONEY TO FIX IT UP. CHAIRMAN WODTKE ASKED WHY HE HAD TAKEN OUT A DEMOLITION PERMIT, AND MR. GAINES STATED THAT BUILDING DIRECTOR RYMER SAID THAT ALL HE COULD DO WAS TEAR IT DOWN, AND AGREED THAT IF HE WOULD TEAR IT DOWN HE COULD KEEP THE FOUNDATION. HE CONTINUED THAT HE STARTED TO TEAR IT DOWN BUT FOUND THERE WAS TOO MUCH THAT COULD BE SALVAGED AND HE DID NOT FEEL IT SHOULD BE TORN DOWN. COMMISSIONER LOY NOTED THAT THIS BOARD WAS ASSURED IN 1970 THAT WORK WOULD BEGIN IMMEDIATELY BECAUSE THERE WAS CONCERN ABOUT A HOUSE OF THIS AGE AND CONDITION BEING MOVED INTO THE NEIGHBORHOOD. COMMISSIONER Loy STATED THAT SHE PERSONALLY INSPECTED THE HOUSE YESTERDAY, AND BELIEVES THE BOARD HAS BENT OVER BACKWARDS OVER THE YEARS IN REGARD TO THIS STRUCTURE. SHE POINTED OUT THAT - WE ARE TAKING OTHERS DOWN THAT ARE IN BETTER SHAPE. CHAIRMAN WODTKE ASKED IF ANYONE PRESENT WISHED TO BE HEARD, PETER JORGENSON, ATTORNEY WITH THE FIRM OF MERRIMAN & RODDENBERRY, STATED THAT HE UNDERSTOOD THAT MR. GAINES HAS NOT BEEN ABLE TO GET A PERMIT TO DO THIS WORK. IT WAS EXPLAINED TO HIM THAT MR. GAINES WAS ISSUED A BUILDING PERMIT IN 1970 WHICH EXPIRED IN SIX MONTHS. ATTORNEY JORGENSON STATED THAT MR. GAINES HAS ASSURED HIM THAT ALTHOUGH HE DID NOT HAVE THE MONEY BEFORE NECESSARY TO REPAIR THE STRUCTURE PROPERLY, HE DOES NOW. ADMINISTRATOR KENNINGS POINTED OUT THAT THERE HAS BEEN A SINCERE EFFORT ON THE PART OF THE BOARD TO DEAL WITH THIS SITUATION OVER THE LAST EIGHT YEARS. MR. GAINES CONTINUED TO PROTEST TO THE BOARD ABOUT THE DEMOLITION OF THIS STRUCTURE, EXPLAINING ABOUT THE MONEY HE HAS INVESTED, THE WORK HE HAS DONE, ETC., AND COMMISSIONER Loy POINTED OUT THAT WE ARE JUST GOING BACK OVER MATERIAL THAT WAS PRESENTED BEFORE. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. 51 MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, TO AUTHORIZE THE COUNTY ADMINISTRATOR TO TAKE THE NECESSARY ACTION TO REMOVE THE HAZARDOUS STRUCTURE OWNED BY JOHN GAINES AND LOCATED ON LOT 9, BLOCK 3, RANCH ESTATES. COMMISSIONER SIEBERT COMMENTED THAT HE ASKED TO HAVE THIS MATTER POSTPONED SO HE COULD LOOK AT THE HOUSE PERSONALLY. HE STATED THAT HE HAS DONE SO AND FEELS IF MR. GAINES WERE ALLOWED TO PROCEED, IT WOULD BE DOING A DISSERVICE TO HIM BECAUSE HE ACTUALLY HAS NOTHING BUT A FOUNDATION. CHAIRMAN WODTKE AGREED THAT MR. GAINES WOULD BE BETTER OFF AND DOLLARS AHEAD TO START FROM THE FOUNDATION UP, HE STATED THAT HE WOULD NOT WANT THE DEMOLITION TO INCLUDE THE FOUNDATION. - ADMINISTRATOR .JENNINGS SUGGESTED THAT HE BE AUTHORIZED TO GIVE MR. GAINES 30 TO 60 DAYS TO GO OUT AND SALVAGE ANY OF THE MATERIAL OUT OF THE STRUCTURE THAT HE HAS PUT IN THAT IS WORTH SALVAGING AND THEN WHEN THE ADMINISTRATOR SENDS A CREW OUT TO TAKE THE HOUSE DOWN, THEY WILL NOT PROCEED IN THE USUAL MANNER, BUT WILL TRY TO LEAVE THE FOUNDATION. HE NOTED THAT IN THIS WAY, MR. GAINES WOULD HAVE THE SALVAGED MATERIAL AND THE FOUNDATION AND COULD THEN OBTAIN A PLAN THAT WOULD MEET THE CODE. COMMISSIONER SIEBERT REWORDED HIS MOTION TO AUTHORIZE THE ADMINISTRATOR TO TAKE THE NECESSARY ACTION TO REMOVE THE HAZARDOUS STRUCTURE OWNED BY .JOHN GAINES LOCATED ON LOT 9, BLOCK 3, RANCH ESTATES, LEAVING THE FOUNDATION, AND ALLOWING MR. GAINES 30 DAYS TO SALVAGE ANYTHING HE WISHES TO FROM -THE STRUCTURE COMMISSIONER LOY RENEWED HER SECOND, THE CHAIRMAN CALLED THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. N� #00K ui. THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida 1 NOTICE NOTICE IS HEREBY GOEN that the: Planning and Zoning Commission of Indian COUNTY OF INDIAN RIVER: River County, Florida, has tentatively ap. STATE OF FLORIDA proved the following changes and additions to Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath the Zoning Ordinance of Indian River County,Florida, which changes and additions are says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published substantially as follows: at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being 1. That the Zoning Map be changed in order 'hat the following described properly situated in Indian River County, Florida, to -wit: From the East Quarter corner of Section 22. at 31-38 run West along the Quarter Section Line a distance of 209 feet; Thence run South 302 feet; Thence run West 497.4 feet; Thence run South In the matter of �� - - to a point, said point being 660 feet North of the centerline of State Road 512; Thence run West 660 feet North of and parallel to said centerline to the East boundary of the Indian River County School Board Property; Thence run' North along said East line of School Property too a North line of South Quarter of Northeast in the Court, was pub- Quarter of Section 22; Thence run East along Said North line of South Quarter of Northeast �� Quarter a distance of2 feet; Thence run South along the Eastt line of Section 22 fished in said newspaper in the issues of A I l a distance of 663.82 feet to the East Quarter corner of Section 22 and point of beginning. Be changed from Agricultural to R -IA District. A public hearing in relation thereto at which y Vero Beach Press-Joumal is a newspaper published at parties in interest and citizens shall have an opportunity to be heard, be held by Affiant further says that the said Vero Beach, in said Indian River County, and that the said newspaper has heretofore will said Planning and Zoning Commission in the been continuously published in said Indian River County, Florida, weekly and has been entered the office in Vero Beach, in said Indian River County, Florida County Commission Room, Indian River County Courthouse, Vero Beach, Florida, as second class mail matter at post for a,period of one year next preceeding the first publication of the attached copy of adver- Thursday, July 13, 1978, at 7:30 p.m., after tisement; and affiant further says that he has neither paid nor promised any person, firm or which said public hearing in relation thereto at corporation any discount, rebate, commission or refund for the purpose of securing this adver- which parties in interest and citizens shall have an opportunity to be heard will be held by tisement for publication in the said newspaper, o the Board of County Commissioners of Indian River County, Florida, in the County Com. Swom to and subscribed before me this da of CL L� --A.D. 7 mission Room, Indian River County Cour. thouse, Vero Beach, Florida, on Wednesday, U September 6, 1978, at 2:00 p.m. Board of County Commissioners (Bu ess Manger) Indian River County By: William C. Wodtke Jr. Chairman June 25,28, 1978. (Clerk of the Circuit Court, India Uiver County, Florida) (SEAQ THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO J, DALE SORENSEN OF GULF & WESTERN FOOD PRODUCTS COMPANY BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125,66. 53 K e . SES' 0 61978 BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT. JR. EDWIN S. SCHMUCKER ft. DON DEESON J6rIle P. -IFNNINMR Administrator 2145 14th Avenue- Vero Beach, Florida 32960 July 21, 1978 Mr. J. Dale Sorensen Gulf-& Western Food Products. Company P.D. Box 1329 Vero Beach, Florida 32960 Dear Mr. Sorensen: In compliance with Florida Statute 125.66 the following its a Notice of Public Hearing for rezoning, as requested by you. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida to - wit: From the East Quarter, corner of Section 22-31-38 run West along th& Quarter Section Line a distance of 209 feet; Thence run South 302 feet; Thence run West 497.4 feet; Thence run South to a point, said point being 660 feet North of the centerline of State Road 512; Thence run West 660 feet North of and parallel to said centerline to the East boundary of the Indian River County School Board pro- perty; Thence run North along said East line.of School Property to the North line of South Quarter of Northeast Quarter of Section 22; Thence run East along said North line of South Quarter of Northeast Quarter a distance of 1692.42 feet; Thence run South along the East line of Section 22 a distance of 663.82 feet to the East Quarter corner of Section 22 and point of beginning. Be changed from Agricultural District to R-lA Residential District. A public hearing in relation thereto will be held by the Board of County Commissioners -of Indian Y,.iver County, Florida in the County Commission Room in the County Court- house, Vero Beach, Florida on Wednesday, September 6, 1978 at 2:00 o'clock P.M. r Sincerely, Freda Wright Clerk FW: of SEP 0619°2 PLANNING DIRECTOR REDICK INFORMED THE BOARD THAT THIS PROPERTY IS LOCATED NEXT TO THE MIDDLE SCHOOL, AND THERE IS SOME COMMERCIAL ZONING BETWEEN IT AND THE ROAD. BASICALLY THE PLANNING & ZONING COMMISSION DID APPROVE THIS. MR. REDICK FELT THAT IT IS A NORMAL OCCURRENCE IN AN AREA WHERE YOU PUT IN A SCHOOL TO HAVE RESIDENTIAL COME IN AROUND IT. HE NOTED THAT THE LOTS WOULD BE LARGE IN ACCORDANCE WITH AN R-ZA ZONING. THE CHAIRMAN ASKED IF ANYONE IN THE AUDIENCE WISHED TO BE HEARD. THERE WERE NONE, ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, TO ADOPT ORDINANCE No. 78-26 GRANTING THE REZONING TO R -IA AS REQUESTED BY GULF & WESTERN COMPANY. -r COMMISSIONER SIEBERT FELT'IT SHOULD BE NOTED THAT THIS IS NOT IN CONFORMANCE WITH THE COMPREHENSIVE PLAN, CHAIRMANV WODTKE STATED THAT THE STAFF HAS MADEA RECOMMENDATION THAT THIS BE INCLUDED IN THE HEARING TO BE HELD IN REGARD TO CHANGES IN THE COMPREHENSIVE PLAN. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. 40� PA -171 ORDINANCE NO. 78-26 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: SEP 0 61978 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: From the East Quarter corner of Section 22-31-38 run West along the Quarter Section Line a distanceof 2,09 feet; Thence run South 302 feet; Thence run West 497.4 feet; Thence run South to a point, said point being 660 feet North of the centerline of State Road 512; Thence run West 660 feet North of and parallel to said centerline to the East boundary of the Indian River County School Board Property; Thence run North along said East lire of School Property to the North line of South Quarter of Northeast Quarter of Section 22; Thence run East along said North line of South Quarter of Northeast Quarter a distance of 1692.42 feet; Thence run South along the East line of Section 22 a distance of 663.82 feet to the East Quarter corner of Section 22 and point of beginning. Be changed from Agricultural to R -1A Residential District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect September 11, 1978. �';�114 THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT:- VERO BEACH PRESS-JOURMAL . Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of 01 in the %Court, was pub- lished in said newspaper in the issues of Q�! �4 ' /9 ,/ 9 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 Verd Beach, in said Indian River County, Florida ,for a'period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me thi y of ' .D. 9111 (Bus' ess Manager) cl (Clerk of the Circuit Court, Indi�r Iver County, Florida) (SEAL) THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO J. RICHARD GRAVES, .JR., OF GRAVES BROTHERS COMPANY BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.66. 56 NOTICE NOTICE' IS HEREBY GIVEN that the Planning and Zoning Commission of Indian River County, Florida, has tentatively ap- proved the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated In Indian River County, Florida, to -wit: All of the Northwest quarter of the Nor- thwest quarter, and all of the Southwest quarter of the Northwest quarter, and all of the Southeast quarter of the Northwest quarter of Section 33, Township 31 South, Range 39 East, Indian River County, Florida, less the following described parcels: A. All right of way for Wabasso Road (DOT 5510) B. All right of way for Kings Highway (DOT 505-A) C. All right of way for Lateral "G" Canal, Indian River Farms Water Management Co. D. The South 660 feet of the East 330 feet of the Southeast quarter of the Northwest quarter of Section 33, Township 31 South, Range 39 East. E. The Northeast quarter of the Southwest quarter of the Northwest quarter of Section 33, Township 31 South, Range 39 East. F. The North 210 feet of the East 210 feet of the West 770 feet of the Northwest quarter of Section 33, Township3l South, Range39 East. G, -The South 210 feet of the North 420 feet of the East 210 feet of the West 420 feet of the Northwest quarter of the Northwest quarter of Section 33, Township 31 South, Range 39 East. H. The North 210 feet of the West 210 feet of Section 33, Township 31 South, Range 39 East.. And all of the West 573 feet of the Northeast quarter of the Northwest quarter of Section 33, Township 31 South, Range 39 East, less the following: (a) The right of way for Wabasso Road (DOT 5510) (b) Beginning at a point 363 feet east of the Northwest corner of the Northeast quarter of the Northwest gparter of Section 33, Township 31 South, Range 39 East, and running East 210 feet on the Section line, thence South 210 feet, thence West 210 feet, thence North 210 feet to point of beginning, containing 1 acre. All of the Southwest quarter of the Northeast quarter of Section 33, Township 31 South, Range 39 East, lying West of Florida East Coast Railroad right of way and less the South 161.50 feet of the Southwest quarter of the Northeast quarter of Section 33, Township 31 South, Range 39 East, and All of the Northwest quarter of the Southeast quarter of Section 33, Township 31 South, Range 39 East, lying West of the Florida East Coast Railroad right of way less the following: The North 161,.50 feet of the Northwest quarter of the Southeast quarter of Section 33, Town- ship 31 South, Range 39 East. Be changed from C-1 Commercial and R-1 Residential to A -Agricultural District. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Planning and Zoning Commission in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Thursday, July 13, 1978, at 7:30 p.m., alter which said public hearing in relation thereto at which parties in interest and citizens shall have an opportunity 10 be heard will be held by the Board of County Commissioners of Indian River County, Florida, in the County Com- mission Room, Indian River County Cour- thouse, Vero Beach, Florida, on Wednesday, September 6,1978, at 2:00 p.m. Board of County Commissioners Indian River County By: William C. WodtkeJr. Chairman June 25, 28,1978. PAGUC SEP 0 6 1978 BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE. JR., Chairman ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT, JR. EDWIN S. SCHMUCKER A. DON DEESON JACK'. JENNINGS, Administrator 2145 14th Avenue Vero Beach, Florida 32960 July 21, 1978 Mr. J.' Richard Graves, Jr. Graves Brothers Company P.O. BOX 277 Wabasso, Florida 32970 Dear Mr. Graves; In compliance with Florida Statute 125.66, the following is a Notice of Public Hearing for rezoning, as requested by your Agent, Thomas W. Lockwood. NOTICE 'The Zoning Map will be changed in order tHfft the following described property situated in Indian River County, Florida to - wit: All of the Northwest quarter of the Northwest quarter, and all of the Southwest quarter of the Northwest quarter, and all of the Sbutheast`quarter of the Northwest quarter of Section 33, Township 31 South, Range 39 East, Indian River County, Florida, less the following described parcels: A. All right-of-way for Wabasso Road (DOT S510) -B. All right-of-way for Kings Highway (DOT 505-A) C. All right-of-way for Lateral "G" Canal, Indian River Farms Water Management Co. D. The South 660 feet of the East 330 feet of the South- east quarter of the Northwest quarter of Section 33, Township 31 South, Range 39 East. E. The Northeast quarter of the Southwest quarter of the NorthTownshipest quarter of Section 33, Township 31 South, Range 39 East F. The North 210 feet of the -East 210 feet of the West 770 feet of the Northwest quarter of Section 33, Township 31 South, Range 39 East G. The South 210 feet of the North 420 feet of the East 210 feet of the West 420 feet of the Northwest quarter of the Northwest quarter of Section 33, Township 31 South, Range 39 East H.* The North 210 feet of the West 210 feet of Section 33 Township 31 South, Range 39 East And all of the West 573 feet of the Northeast quarter of the Northwest quarter of Section 33, Township 31 South, Range 39 East, less the following: a. The right-of-way for Wabasso Road (DOT S510) PA b. Beginning at a point 363 feet East of the Northwest corner of the Northeast quarter of the Northwest quarter of Section 33, Township 31 South, Range 39 East, and running East 210 feet on the Section line, thence South 210 feet thence West 210 feet, thence North 210 feet to point of beginning, containing 1 acre All of the Southwest quarter of the Northeast quarter of Section 33, Township 31 South,'Range 39 East, lying West of Florida East Coast Railroad right-of-way and less the South 161,50 feet of the Southwest quarter of the Northeast .quarter of Section 33, Township 31 South, Range 39 East, and All of the Northwest quarter of the Southeast quarter of Section 33, Township 31 South, Range 39 East, lying West of the Florida East Coast Railroad right-of-way less the following: The North 161050 feet of the Northwest quarter of the Southeast quarter of Section 33, Township 31 South, Range 39 East. Be changed from C-1 Commercial and R-1 Residential Districts to Agricultural District A public hearing in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida in the County Commission Room in the Courthouse, Vero Beach, Florida on Wednesday, September .6, 1978 at 2;00 o'clock.P.M. Sincerely, teda Wright Clerk ATTORNEY COLLINS STATED THAT HE HAD FELT THERE WAS MORE THAN ONE OWNER INVOLVED, BUT TOM LOCKWOOD, AGENT FOR GRAVES BROTHERS COMPANY, STATED THAT THEY ARE ONLY REQUESTING A CHANGE OF ZONING ON THE PROPERTY THAT IS PRESENTLY OWNED BY GRAVES BROTHERS, WHICH ACCOUNTS FOR SMALL AREAS BEING LEFT OUT. HE NOTED THAT THEY ARE IN THE PROCESS OF ACQUIRING THE PROPERTY THAT IS NOT INCLUDED AND FOR ALL INTENTS AND PURPOSES DO OWN IT ALSO. HE NOTED THAT THE ONLY REASON THIS IS NOT ALL SUBMITTED TOGETHER IS A MATTER OF TIMING. PLANNING DIRECTOR REDICK STATED THAT THIS ZONING IS REQUESTED IN ORDER TO ALLOW SAND MINING TO TAKE PLACE ON THE SAND RIDGE. HIS ONLY CRITICISM WAS BECAUSE OF RECHARGE, BUT THE OWNERS HAVE INDICATED THAT THIS WILL BE CONSIDERED. NSR. REDICK INFORMED THE BOARD THAT THE PLANNING & ZONING COMMISSION HAS RECOMMENDED APPROVAL, AND THE REMAINING AREA, NOT INCLUDED TODAY, WILL BE COMING BEFORE THE BOARD IN ABOUT TWO WEEKS' TIME. M $E lr THE CHAIRMAN ASKED IF ANYONE IN THE AUDIENCE WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER $CHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER $CHMUCKER, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE NO. 78-27 GRANTING THE REZONING TO AGRICULTURAL REQUESTED BY GRAVES BROTHERS COMPANY. IV SEP 0 6197 59 vg� PA'4 � ORDINANCE NO. 73-27 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: All of the Northwest quarter of the Northwest quarter, and all of the Southwest quarter of the Northwest quarter, and all of the Southeast quarter of the Northwest quarter of Section 33, Township 31 South, Range 39t East, Indian River County, Florida, less the following described parcels: A. All right of way for Wabasso Road (DOT S510) B. All right of way for Kings Highway (DOT 505-A) C. All right,of way for Lateral "G" Canal, Indian River Farms Water Management Co. D. The 'South 660 feet of the East 330 feet of the Southeast quarter of the Northwest quarter of Section 33, Township 31 South, Range 39 East E. The Northeast quarter of the Southwest quarter of the Northwest quarter of Section 33, Township 31 South, Range 39 East F. The North 210 feet of the East 210 feet of the West 770 feet of the Northwest quarter of Section 33, Township 31 South, Range 39 East G. The South 210 feet of the North 420 feet of the East 210 feet of the West 420 feet of the Northwest quarter of the Northwest quarter of Section 33, Township 31 South, Range 39 East H. The North 210 feet of the West 210 feet of Section 33, Township 31 South, Range 39 East And all of the West 573 feet of the Northeast quarter of the Northwest quarter of Section 33, Township 31 South, Range 39 East, less the following: (a) The right of way for Wabasso Road (DOT S-510) (b) Beginning at a point 363 feet East of the Northwest corner of the Northeast quarter of the Northwest quarter of Section 33, Township 31 South, Range 39 East, and running East 210 feet on the Section line, thence South 210 feet, thence West 210 feet, thence North 210 feet to point of beginning, containing l acre -1- SEP 0 6 1978 _ M M All of the Southwest quarter of the Northeast quarter of Section 33, Township 31 South, Range 39 East, lying West of Florida East Coast Railroad right of way and less the South 161.50 feet of the Southwest quarter of the northeast quarter of Section 33, Township 31 South, Range 39 East, and All of the Northwest quarter of the Southeast quarter of Section 33, Township 31 South, Range 39 East, lying West of the Florida East Coast Railroad right of way less the following: The North 161.50 feet of the Northwest quarter of the Southeast quarter_ of Section 33, Township 31 South, Range 39 East. Be changed from C-1 Commercial and R-1 Residential to A - Agricultural District. All with the meaning and intent and as set forth and.described. in said Zoning Regulations. This Ordinance -shall take effect September 11, 1978. 1 -2- 11�,. : 13' FAU%4 THE HOUR OF 2:.00 O'CLOCK F.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED; TO—WIT: VERO BEACH PRESS-JOURMAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a / ( jp�-� ' in the matter of a,3 in the Court, was pub - lashed in said newspaper in the issues of { (� 0 0? 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' ublication of the attached copy of adver- diserrent; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. /; Sworn to and subscribed before m this day oft A.D. "8 1 (Business Manager) fc c (Clerk of the Circuit Court, Ini River County, Florida) (SEAQ THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO DR. HENRY FISCHER BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.66. SEP 6 197 62 NOTICE NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of Indian River County, Florida, has tentatively approved the following changes and ad- ditions to the Zoning ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to wit: Being a parte( of land lying in that part of . the Southwest quarter of the Northeast quarter of Section 23, Township 31 South,-,; Range 38 East, South of State Road No. 512,, Indian River County, Florida. The boun- dary of which is more particularly' described as follows: i Beginning at a concrete monument marking the intersection of the West line of the Southwest quarter of the Northeast quarter of Section 23-31-38 with the Southerly right-of-way line of State Road No. 512, said line being 60 feet Southeasterly of the center line of State Road No. 512 as. measured perpendicular thereto; thence rOtrNorth 38 degrees 10' East along the said right-of-way line 823.52 feet to a concrete monument; thence run South 89 degrees 48' 53" East along the North line of said South- west quarter of Northeast quarter of Section 23, 386.52 feet to a concrete monument; thence run South 0 degrees 11' 07" West 150 feet to a point on the edge of an excavated' lake; thence run South 20 degrees 31' 57" West 564.10 feet to a point in the center of said lake; thence run South 67 degrees 00' 30" West 555.29 feet to a concrete monument on the shoreline of the aforesaid lake; thence run South 61 degrees 39' West 212.30 feet to a concrete monument on the West line of the aforesaid Southwest quarter of Northeast quarter of Section 23; thence run North 0 degrees 11'. East along the West boundary of the Southwest quarter of Northeast quarter of Section 23, 350 feet to the Point of Beginning. Be changed from A -Agricultural to R-lE Country Estate. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Planning and Zoning Commission in The County. Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, July 13, 1978, at 7:30 P.M., after which said public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard will be held by the Board of County Commissioners of Indian River County, Florida, in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Wednesday, September 6, 1978, at 2:00 o'clock P.M. Board of County Commissioners Indian River County By: William C. WodtkeJr., Chairman Indian River County Planning and Zoning Commission By: Dick Bird, -Chairman June 28, July 2, 1978. BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY. Vice Chairman WILLARD W. SIEBERT, JR. QDWIN S. SCHMUCKER A. DON DEESON ACK G. JENNINGS, Administrator 2145 14th Avenue Vero Beach, Florida 32960 July 21, 1978 Dr. Henry Fischer P,O'. Box 68 Sebastian, Florida 32958 Dear Dr, Fischer: t In compliance with Florida Statute 125.66 the following is a notice of Public Hearing for rezoning, as requested by your Agent, Total Development Inc. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida to - wit: _ Being a parcel of land lying in that part of the South- west quarter of the Northeast quarter of Section 23, Township 31 South, Range 38 East, South of State Road No. 512, Indian River County, Florida, The boundary of which is more prarticulatly described as follows: Beginning at a concrete monument marking the intersection of the tdest.line of the Southwest quarter of the North- east quarter of Section 23-31-38 with the Southerly right- of-way line of State Road'No, 512, said line being 60 feet Southeasterly of the centerline of State Road No. 512 as measured perpendicular thereto; thence run North 38010' East along the said right-of-way line 823.52 feet to a concrete monument; thence run South 890 48'53" East along the North line of said Southwest quarter of Northeast quarter of Section 23, 386.52 feet to a concrete monument; thence run South 00 11'07" [lest- 150 feet- to a p int- on the edge of an excavated lake; thence run South 200 31'57" lest 564.10 feet to a point in the center of said hike; thence rtul South 670 00'30" feet to a concrete monument on the Shoreline of the aforesaid lake; thence run South 61.0 39' West 212,3U Leet -to a concrete monument on the West line of the aforesaid Southwest quarter. of Northeast quarter of Section 23; thence run North 00 11' East along the West boundary of the Southwest quarter of North- east quarter of Section 23, 350 feet to the point -of beginning. Containing 11,389 acres more or less. Be changed from A -Agricultural District to R-lE Country ' Estate District, .A public hearing in relation thereto will be held by the Board of County Cormnissioners of Indian River County, Florida in the County Commission Room in the County Courthouse, Vero Beach, Florida on Wednesday, September 6, 1978 at 2:00 o'clock Sincerely, Freda Wright, Clerk Fid: of r- �-"1 ) SEP � � BOOK 36 FAIUE 30 COMMISSIONER SCHMUCKER FILED THE FOLLOWING AFFIDAVIT IN REGARD.TO A CONFLICT OF INTEREST WITH THE CLERK OF THE CIRCUIT COURT AND LEFT THE COMMISSION ROOM AT 2:40 O'CLOCK P.M. AFF I hA V TT STATE OF FIOM DA COUNTY OF INDIAN RIVER Before me, the undersigned authority, personally appeared EDWIN S. SCIfMCKER, of 610 Wall Street, Vero Beach, Florida, who stays: 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 legi lative employees. ` 7Q, That I am a duly elected County Commissioner of Indian River County, Florida, and that in addition to sly duties as County Commissioner, I am a licensed professional, engineer in Florida and engage in private practice as i 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 , Dr. Henry Fischer, et al, to request final zoning for a parcel of land lying in the East one half of the Southwest quarter of section 14, To4mship 31 South, Range 38 East, Indian River County, Florida. Sworn to and subscribed before me this � flay of - Z-3 EDWIN S. SCHMUCKER NOTARY PUBLIC, STATE OF FLORIDA AT LARGE Commission Eicpires i Notary Public. Slate of Florida at L1rol i 01 ComtniSSion Expires AuS, a7, isoz; 64 SEP J197 � - . PLANNING DIRECTOR REDICK INFORMED THE BOARD THAT THIS PARTICULAR PROPERTY WAS REZONED SOMETIME AGO TO AGRICULTURAL SO THAT A LAKE COULD BE DUG IN THIS AREA, AND IT HAS BEEN MINED FOR SAND A PORTION OF THE MINING AREA ALONG THE'ROAD HAS BEEN RECLAIMED, AND THAT IS WHAT THEY WISH REZONED. HE STATED THAT THE PLANNING & ZONING COMMISSION HAS RECOMMENDED APPROVAL. QUESTION AROSE AS TO WHETHER THE RESTORATION HAS BEEN COMPLETED IN THIS PORTION AND APPROVED BY THE ZONING DIRECTOR. MR. REDICK FELT THAT IT HAS, COMMISSIONER SIEBERT EXPRESSED CONCERN ABOUT WHAT WILL BE DONE WITH THE REST OF THE LAND AND POINTED OUT THAT DR. FISCHER IS NOT REQUIRED TO SUBDIVIDE THE PORTION UNDER DISCUSSION BECAUSE IT IS LOCATED ALONG A DEDICATED ROAD AND EACH LOT HAS OVER %O' FRONTAGE, HE STATED THAT WHEN THE BOARD ORIGINALLY REZONED THIS PROPERTY, HE WAS UNDER THE DISTINCT IMPRESSION THAT THE WHOLE THING WOULD BE A + SUBDIVISION WHEN IT WAS COMPLETED, CHAIRMAN WODTKE ASKED WHAT ASSURANCE THE BOARD HAS THAT THE REST WILL EVER BE 4)EVELOPED, AND THE ADMINISTRATOR STATED THAT THERE SHOULD BE A BOND FOR THE COMPLETION OF THE MINING OPERATION, COMMISSIONER SIEBERT EXPRESSED MISGIVINGS ABOUT REZONING UNTIL THE RENOVATION IS CERTIFIED COMPLETE, AND CHAIRMAN W,ODTKE NOTED THAT THE ZONING COMMISSION MINUTES INDICATE THAT SOME OF THE LOTS HAVE BEEN SOLD ALREADY, ZONING DIRECTOR WALKER APPEARED AND INFORMED THE BOARD THAT THE PORTION IN QUESTION HAS BEEN RESTORED IN ACCORDANCE WITH THE REQUIREMENTS OF THE MINING ORDINANCE, IT IS PROPERLY SLOPED AND GRADED, AND HE HAS RECEIVED A CHECK FOR FURTHER MINING ON THE OTHER PART OF THE PROPERTY, HE NOTED THAT THERE ARE SOME PILES OF DIRT LEFT ON TWO OF THE LOTS, BUT THEY COULD NOT BE BUILT ON WITHOUT REMOVING THESE PILES, QUESTION AGAIN AROSE AS TO WHETHER ANY OF THESE LOTS ACTUALLY HAVE BEEN SOLD BECAUSE IF THAT WERE S0, DR. FISCHER WOULD NOT HAVE THE RIGHT TO REQUEST REZONING FOR THOSE LOTS. IT WAS FELT THE HEARING SHOULD BE CONTINUED UNTIL THIS CAN BE CHECKED OUT, 65 SEP 0 61978 BOOK Paul ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CONTINUED THE PUBLIC HEARING ON THE REZONING REQUESTED BY DR. FISCHER UNTIL 4:00 O'CLOCK P.M. COMMISSIONER SCHMUCKER RETURNED TO THE MEETING AT 3:00 O`CLOCK P.M. THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of In the Court, was pub- lished in said newspaper in the issues of « Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. el 4 Swom to and subscribed before me this y A.D. Y` (Busin Manager) (Clerk of the Circuit Court, Indianv r County, Florida) (SEAL) NOTICE , NOTICE IS HEREBY GIVEN that the Plan- .fing and Zoning Commission of Indian River County, Florida, has tentatively approved following changes to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: Thea follow ngthe ndescribedap be changed p opertynorder situated an Indian River County, Florida, to-w.t: That part lying East of the old Dixie Highway of the South 59.25 feet of Lot 3 and all that part lying East of the Old Dixie Highway of Lot 4, and all that part lying East of the Old Dixie Highway of the North 40.96 feet of Lot 5 of of Hudson Subdivision, according to p survey made by R. B. Burchfield, now of record in Brevard County, Florida, in Deed Book EE, Page 600; INCLUDING all riparian rights, and subject to the right-of-way of U.S. Highway No- I as the same now exists, situated in Indian River County, Florida Be changed from R -2C Multiple Family District and C-1 Commercial District to R•28 Multiple Family District. A Public Hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by the Board of County Commissioners of Indian om- River County, Florida, in the County Cour- mission Room, Indian River County house, Vero each, Florida, on Wednesday, be Board of County Commissioners Indian River County, Florida By; -s -William C. WodtkeJr., Chairman July 23, 26, 1978. THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO MR. & MRS. .JOSEPH DETTORE BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.66. SEP 0 6 1978 BOOK 36 eA'.F ,��� BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY. Vice Chairman WILLARD W. SIEBERT. JR. EDWIN S. SCHMUCKER Ft. DON DEESON CK G. JENNINGS. Administrator 2145 .14th Avenue Vero Beach, Florida 32960 July 20, 1978 Mr. and Mrs. Joseph Dettore 30845. West Eight PZile Road Livonna, Michigan ; Dear Mr: and ITrs. Dettore: In compliance with Florida Statute 125.66 the following is'a Notice of Public Hearing for rezoning, as requested by you. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida to - wit: That part lying East of the Old Dixie Highway of the South 59.25,,feet of.Lot 3 and all that part lying East of the .Old Dixie Highway of Lot 4, and all that part lying East of the Old Dixie High- way -of the North 40.96 feet of Lot 5 of J.A. Hudson Subdivision,'according to plat of survey made by R.B. Burchfield, now of record in Brevard County, Florida, in Deed Book EE, nage 600; INCLUDING ALL Riparian rights, and subject to the right-of-way Of U. -S. Highway No. 1 as the*same now exists, situated in Indian River County, Florida Be changed from R -2C Multiple Family District and C-,1* Corunercial District to -R -2B Multiple Family District. A public hearing; in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida in the County Commission Room in the County Courthouse, Vero Beach, Florida on Wednesday, September 6, 1978 at 2:00 o'clock Sincerely, Freda Wright, L of Clerk' CC: Richard Altman, Agent CHAIRMAN WODTKE NOTED THAT THIS MATTER HAS BEEN BEFORE THE BOARD PREVIOUSLY AND THE ORIGINAL REQUEST WAS FOR R -I. 67 Box 36 U1. PLANNING DIRECTOR REDICK CONFIRMED THAT THIS HAD BEEN READVERTISED REQUESTING R -2B AT THE SUGGESTION OF THE BOARD, AND HE FELT THE BOARD HAD PRETTY WELL DECIDED THIS WAS.MORE SUITABLE FOR THE AREA. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. RICHARD ALTMAN, AGENT FOR THE DETTORES, NOTED THAT THEY HAD READVERTISED THIS REQUESTING R -2B ZOUTNG BECAUSE THE BOARD SEEMED TO PREFER THE R -2B ZONING FOR THIS AREA. COMMISSIONER SCHMUCKER STATED THAT IT WAS THE BOARD'S THOUGHT THAT THE DETTORE'S COULD STILL PUT IN THE RESIDENTIAL DEVELOPMENT THEY WISHED UNDER THIS ZONING, AND THE ZONING WOULD BE MORE IN KEEPING WITH THE AREA. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER SCHMUCKER,--SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE No. 78-28 GRANTING THE REZONING TO R -2B REQUESTED BY MR. AND MRS. DETTORE. 68 SEP 0 6 1978 800A : Pac ORDINANCE NO. 78-28 WHEREAS, The Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: That part lying East of tine Old Dixie Highway of the South 59.25 feet of Lot 3 and all that part lying East of the Old Dixie Highway of Lot 4, and all that part lying East of the Old Dixie Highway of the North 40.96 feet of Lot 5 of J. A. Hudson Subdivision, according to plat of survey made by R. B. Burchfield, now of record in Brevard County, Florida, in Deed Book EE, page 600; INCLUDING ALL Riparian rights, and subject to the right-of-way of U. S. Highway No. 1 as the same now exists, situated in Indian River County, Florida Be changed from R -2C Multiple Family District and C-1 Commercial District to R -2B Multiple Family District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance.shall take effect September 11, 1978. HOK 36 PAGE 12 SEP 0 019 8 . L_ ASSISTANT ADMTNISTRATOR NELSON REPORTED TO THE BOARD ON THE RENOVATION OF THE INDIAN RIVER SHORES WASTEWATER SYSTEM, WHICH THE COUNTY HAS TAKEN OVER SINCE TREASURE COAST UTILITIES DEFAULTED ON THEIR AGREEMENT. HE STATED THAT HE MADE AN INSPECTION OF THE SYSTEM ACCOMPANIED BY ENGINEER BEINDORF AND THERE WERE ACTUALLY TWO SITUATIONS WHERE RAW SEWAGE WAS COMING UP OUT OF THE MANHOLES. MR. NELSON'S REPORT IS SET OUT IN THE FOLLOWING MEMORANDUM: MEMORMIDUM TO: Neil Nelson DATE: August 31, 1978 FROM George Morgan RE: Inspection and Renovation of Indian River Shores Wastewater System. After a study of the original plans furnished to me by Lloyd Engineers, I inspected the entire system. My --findings were as follows: The sewer plant chlorinator is inoperable; the ejector is missing. At Pebble Bay lift station #1'the original plans called for a control panel; there is no control panel. At Pebble Bay lift station #2 the present controlsare inadequate and non-functional. The submersible pump,,�.t Pebbly Bay #2 has to be replaced. The second pump and motor located at Indian Summer is missing and has to be re- placed. The entire system has to be electrically checked out and restored to safe and efficient condition. After consulting with various companies, my selections according to price and quality for the equipment needed are as follows: 2 simplex control panels for the Pebble Bay #1 and #2 lift stations will be purchased from Blakenship Assoc., Altamonte Springs, Fla. for $430 each. 1 model 480 chlorinator and ejector to be used for the wastewater plant; to be purchased from Blakenship Assoc., Altamonte Springs, Fla. for $710. Supportive maintenance services to be contracted with,B & W Electric, Inc., Vero Beach, for $874. 1.3I1P, 3 phase motor and 1 Gorman -Rupp trash pump for the Indian Summer lift station to be purchased from Blakenship Assoc., Altamonte Springs, Fla. for $1149. 1 submersible pump for the Pebble Bay #2 lift station to be purchased from Barney's Pumps, Inc., Lakeland, Fla. for $404. Total Purchase Price: GM/ss SES' 061978 L 7p $3,997.00 800A U17 ASSISTANT ADMINISTRATOR NELSON STATED THAT THE COUNTY DOES HAVE THE CAPABILITY OF MAINTAINING THE PLANT, BUT SO FAR DOES NOT HAVE ALL THE EQUIPMENT THAT IS NEEDED. THE NECESSARY ITEMS HAVE, HOWEVER, BEEN ORDERED ON AN EMERGENCY BASIS AS AUTHORIZED BY THE BOARD AND SHOULD ARRIVE AND BE INSTALLED WITHIN THREE WEEKS. HE NOTED THAT WE HAVE TAKEN OVER THE SYSTEM AND ALL MAINTENANCE RIGHT NOW IS BEING PERFORMED BY THE COUNTY. COMMISSIONER LOY FELT IT SHOULD BE POINTED OUT THAT WE HAD A MAINTENANCE CONTRACT, AND A LOT OF THIS WORK WAS SUPPOSED TO HAVE BEEN TAKEN CARE OF. MR. NELSON THEN REVIEWED ADDITIONAL ITEMS INVOLVED, INCLUDING.A BILL OF $650 FROM B & B UTILITIES WHO HAVE BEEN MAINTAINING THIS FOR THE COUNTY. HE FELT THAT ALL EXPENSES INVOLVED, INCLUDING INSTALLATION, WOULD TOTAL AROUND $5,000. THIS HOWEVER, WOULD NOT INCLUDE ANY ELECTRICAL BILL'S-. CHAIRMAN WODTKE INQUIRED ABOUT THE AVERAGE MONTHLY INCOME OF THE SYSTEM, AND COMMISSIONER SIEBERT STATED THAT HE HAS RECEIVED PHONE CALLS INDICATING THAT CHARGES ARE REALLY RANDOM. It ASSISTANT ADMINISTRATOR NELSON STATED THAT HE ALSO HAS HEARD OF SPECIAL ARRANGEMENTS BEING MADE IN REGARD TO CHARGES, BUT NOTHING HAS BEEN DOCUMENTED. CHAIRMAN WODTKE STATED THAT SINCE THE LAST BOARD MEETING, NOTICES HAVE GONE OUT TO ALL THE CUSTOMERS OF THIS SYSTEM NOTIFYING THEM THAT THE COUNTY HAS TAKEN OVER THE RESPONSIBILITIES FOR THE OPERATION OF THE SYSTEM AND THAT FUTURE BILLS SHOULD BE PAID TO THE COUNTY. THE CHAIRMAN CONTINUED THAT WE HAVE NOW LEARNED THAT THE NEW OWNER OF THE STOCK IN TREASURE COAST UTILITIES IS A MR, SALTER, THE CHAIRMAN STATED THAT HE HAS MET MR. SALTER WHO DOES NOT SEEM TO BE AS KNOWLEDGEABLE ABOUT THE SYSTEM HE IS PURCHASING AS WE HAD HOPED, BUT HE DOES SEEM SINCERELY CONCERNED BOTH ABOUT HIS SITUATION AND THE COUNTY'S. CHAIRMAN WODTKE NOTED THAT NORMALLY WHEN A FRANCHISE IS SOLD AND OWNERSHIP TRANSFERRED, IT MUST COME BEFORE THIS BOARD, BUT IN THIS PARTICULAR INSTANCE, IT WAS HANDLED SIMPLY AS A PURCHASE OF THE STOCK IN TREASURE COAST UTILITIES AND IT WAS NOT NECESSARY FOR THE BOARD TO BE INVOLVED. 71 SEP 0 6 1978 1 MR. SALTER APPEARED BEFORE THE BOARD TO DISCUSS THE SITUATION AND STATED THAT HE COULD ONLY AGREE WITH TOE OUTRAGED REACTION OF THE PROPERTY OWNERS IN PEBBLE BAY AND THE ACTION TAKEN BY THE BOARD IN TERMINATING THEIR AGREEMENT WITH TREASURE COAST UTILITIES. HE THEN GAVE THE BOARD THE HISTORY OF EVENTS THAT RESULTED IN HIS BUYING THE STOCK OF TREASURE COAST UTILITIES, DISCUSSING THE TIMING OF THE PAYMENT OF THE MONEY, THE HANDING OVER OF THE STOCK, AND MR. LOHMAN'S RECOMMENDATION THAT THERE BE A STOCK TRANSFER INSTEAD OF A SALE OF ASSETS. MR. SALTER, WHO IS AN ATTORNEY, STATED THAT DUE TO THE WAY THIS MATTER WAS HANDLED, AND BECAUSE OF BEING ENGAGED IN A PROTRACTED CASE, HE DID NOT KNOW OF THE PEBBLE BAY PROBLEM AND ALL THE OTHER PROBLEMS BESETTING TREASURE COAST UTILITIES AS OF AUGUST 21ST. HE INFORMED THE BOARD THAT HE HAD TALKED TO ATTORNEY CALVIN DROWN, WHO DID NOT MENTION ANY OF THIS BUT MERELY INQUIRED AS TO THE CORPORATE APPARATUS. COMMISSIONER LOY NOTED THAT ATTORNEY BROWN, AT THAT POINT, WAS MERELY TRYING TO ASCERTAIN WHO DID OWN TREASURE COAST UTILITIES. MR. SAET�R CONTINUED THAT HE RECEIVED A LETTER FROM ATTORNEY COLLINS DATED AUGUST 28TH AND THEN STARTED MAKING PHONE CALLS TO GET TO THE BOTTOM OF THE SITUATION. HE STATED THAT HE HAS HAD TO MAKE MANY ADJUSTMENTS SINCE HE -HAS BEEN HERE AND EXPLAINED WHAT HE IS TRYING TO DO. MR. SALTER STATED THAT HE IS VER`( SINCERE AND WOULD LIKE TO BE ALLOWED TO CONTINUE MAINTAINING AND SERVICING THE ACCOUNTS AROUND PEBBLE BAY, VERA CRUZ AND THE LIKE. HE FELT THAT HE HAS DEVELOPED A TEAM OF PEOPLE WHO CAN DO THE JOB WELL. HE POINTED OUT THAT HE HAS INVESTED A GOOD BIT OF MONEY, AND IT WOULD NOT BE IN HIS INTEREST TO RUN. HE INFORMED THE BOARD THAT HE HAS INSPECTED THE DIXIE GARDENS SYSTEM WHICH HE ALSO OWNS, AND IT IS NOT IN TERRIBLE SHAPE BUT THINGS DO NEED TO BE DONE. WITHOUT COUPLING THE REVENUES OF DIXIE GARDENS AND PEBBLE BAY, HE WOULD HAVE A DISTINCT FINANCIAL PROBLEM. MR. SALTER WENT ON TO EXPLAIN IN DETAIL THE PERSONNEL AND SERVICES HE WOULD BE ABLE TO PROVIDE FOR BOTH DIXIE GARDENS AND PEBBLE BAY, HE NOTED THAT WHILE HE DID NOT ACTUALLY CREATE THE PROBLEM AT PEBBLE BAY, HE IS WILLING TO CONTRIBUTE TO THE REPAIRS IN THE PEBBLE BAY AREA. 72 SEP 0 6 197 �p��P L� CHAIRMAN WODTKE EXPLAINED TO SIR. SALTER THAT THE COUNTY IS NOW ACTIVELY ENGAGED IN STUDIES AND PLANNING TO GET INTO THE WATER BUSINESS AND DESIRES AT THE EARLIEST POSSIBLE DATE TO ELIMINATE THE PACKAGE PLANT AT PEBBLE BAY. HE DID NOT FEEL IT WOULD BE FAIR OF THE COUNTY TO LET SIR. SALTER MAKE AN ADDITIONAL CAPITAL INVESTMENT IN THAT SYSTEM WHEN IT MIGHT WELL BE THAT THE PLANT CAN BE .ELIMINATED WITHIN THE NEXT YEAR. COMMISSIONER SIEBERT AGREED, MR. SALTER STATED THAT HE WOULD BE A LITTLE HESITANT ABOUT PUTTING OUT THE MONEY FOR CAPITAL EQUIPMENT UNLESS IT WOULD BE REFUNDED TO .HIM WHEN THE SYSTEM WAS TURNED OVER. HE NOTED THAT IN THE MEANTIME, HOWEVER, THE SYSTEM DOES NEED TO BE RUN AND SERVICE IS REQUIRED, AND HE IS REPUESTING TO BE ALLOWED TO PROVIDE THESE SERVICES FOR VERY PRUDENT FINANCIAL REASONS. COMMISSIONER LAY ASKED MR. SALTER WHYS, ESPECIALLY BEING AN ATTORNEY, IT TOOK HIM FROM APRIL UNTIL AUGUST TO GET IN TOUCH WITH ANYONE DOWN HERE AND WHETHER HE DIDN'T SEE ANYTHING IN ALL THIS TIME TO MAKE HIM WONDER ABOUT THE SITUATION. MR. SALTER STATED THAT HE SAW SEVERAL THINGS, BUT THE BIGGEST WAS THE MORATORIUM. IN REGARD TO DEFECTS, AN ENGINEER HAD BEEN ENGAGED TO LOOK OVER THE VARIOUS SITES. HE POINTED OUT THAT THERE WERE GOING TO BE TWO OTHER INVESTORS IN THIS, BUT THEY DROPPED OUT. MR. SALTER FELT THE SITUATION IS NOT INCURABLE. HE NOTED THAT THERE ARE THINGS THAT NEED TO BE DONE AT DIXIE GARDENS AS WELL AS PEBBLE BAY, BUT THERE HAS GOT TO BE A SUFFICIENT RETURN OF REVENUE TO JUSTIFY THE CAPITAL EXPENDITURE. COMMISSIONER Loy POINTED OUT THAT MR. SALTER IS THE ONE WHO BOUGHT DIXIE GARDENS, AND IT -IS NOT THE BOARD'S JOB TO PROVIDE HIM WITH THE REVENUE TO TRY TO MAKE UP FOR A BAD INVESTMENT. COMMISSIONER Loy CONTINUED THAT IN REGARD TO PEBBLE BAY, THAT AGREEMENT HAS BEEN TERMINATED FOR NON-PERFORMANCE AND THERE IS NOTHING THERE AS FAR AS MR. SALTER'S COMPANY IS CONCERNED. SHE NO THAT IF ANY ARRANGEMENTS WERE TO BE MADE WITH MR, SALTER INVOLVING PEBBLE BAY, THERE WOULD BE NO GUARANTEE THAT THEY COULD LAST A WEEK OR TWO MONTHS OR A YEAR AND SHE COULD NOT IN GOOD FAITH 73 SEP 0 6 1978 Poo, 36 1 LET ANYBODY INVEST MORE IN THAT SYSTEM WITH THE END RESULT BEING AS PRECARIOUS AS IT IS AT THIS TIME. COMMISSIONER SIEBERT ASKED IF MR. SALTER WOULD STILL BE INTERESTED IN A MAINTENANCE CONTRACT ON PEBBLE BAY, KNOWING OF THE CAPITAL INVESTMENT NEEDED TO BEING IT UP TO PAR AND KNOWING THAT IF THE COUNTY GETS AN OPPORTUNITY NEXT WEEK TO HOOK ONTO THE CITY SYSTEM, IT WILL. MR. SALTER STATED THAT IF THERE WAS A TIE-IN WITH THE CITY, HE WOULD ASK THAT THE OUTLAY FOR CAPITAL INVESTMENT, NOT REPAIRSIBE RETURNED TO HIM. ATTORNEY COLLINS NOTED THERE MIGHT VERY WELL BE A LEGAL OBLIGATION FOR MR, SALTER'S COMPANY TO DO THESE THINGS. COMMISSIONER Loy STATED THAT SHE SYMPATHIZES WITH MR. SALTER AND FEELS HE HAS SPENT A LOT OF TIME AND MONEY ON THIS, BUT THIS BOARD MADE A DECISION AND NOTIFIED THE PEOPLE ON THE SYSTEM THAT THE COUNTY IS NOW THE OWNER AND OPERATOR OF THIS SYSTEM. SHE FELT THAT IT IS THE BOARD'S RESPONSIBILITY TO THE PEOPLE IN THIS'COUNTY Td ACT IN A PRUDENT MANNER AND THAT THEY SHOULD CONTINUE TO TAKE THE RESPONSIBILITY AND RUN THE SYSTEM UNTIL SUCH TIME AS IT CAN BE DISPOSED OF. COMMISSIONER SIEBERT AGREED, BUT FOR A LITTLE DIFFERENT REASON. HE STATED THAT HE FEELS MR. SALTER CAME HERE IN GOOD FAITH, BUT IS CONVINCED THAT HE WOULD BE THROWING GOOD MONEY AFTER BAD AS THE SITUATION STANDS NOW. DISCUSSION CONTINUED IN REGARD TO THE INVESTMENT NEEDED THE REVENUE TO BE RECEIVED, AND THE UNCERTAIN FUTURE OF THE SYSTEM. MR, SALTER POINTED OUT THAT THERE ARE ECONOMICS THAT COULD BE REALIZED IN UTILIZING EQUIPMENT TO SERVICE DIXIE GARDEN AS WELL AS PEBBLE BAY AND FELT HE COULD MANAGE THIS EFFICIENTLY. COMMISSIONER LOY FELT MR. SALTER WOULD JUST BE PUTTING OFF THE INEVITABLE, AND CHAIRMAN VlODTKE STATED THAT THE COUNTY IS THE OWNER OF THE SYSTEM AND MUST REMEDY THE SITUATION. IT WAS THE CONCENSUS OF THE BOARD TO CONTINUE ON WITH THE COUNTY.OPERATING THE INDIAN RIVER SHORES WASTEWATER SYSTEM, 74 CHAIRMAN WODTKE REOPENED THE PUBLIC HEARING ON THE REZONING REQUEST OF DR. HENRY FISCHER, WHICH HAD BEEN CONTINUED TO ALLOW TIME TO DETERMINE IF ANY LOTS HAD BEEN SOLD, COMMISSIONER SCHMUCKER, WHO PREVIOUSLY FILED A CONFLICT OF INTEREST, LEFT THE COMMISSION ROOM AT 4:40 O'CLOCK PA PLANNING DIRECTOR REDICK STATED THAT NO DEEDS TO THESE LOTS HAVE BEEN RECORDED AS OF TODAY. HARLAN PETERSON OF TOTAL DEVELOPMENT INFORMED THE BOARD THAT HE HAD TALKED WITH DR. FISCHER, WHO STATED THAT LOT 4fHAS A SALES CONTRACT AGREEMENT ON IT. NO DEED HAS BEEN RECORDED, BUT THE INTENT IS THAT AFTER THE ZONING IS APPROVED, IT WILL BE DEEDED OVER AND RECORDED, HE CONTINUED THAT DR. FISCHER STATED THAT HE IS PLANNING ON PLATTING THESE SIX LOTS AND MAKING THEM PHASE I OF THE 4 SUBDIVISION. THE BOARD STUDIED AN AERIAL OF THE`PROPERTY, AND IT WAS FELT PEOPLE LIVING ON THESE LOTS COULD OBJECT TO HAVING A MINING OPERATION GOING ON BEHIND THEM. COMMISSIONER'SIEBERT FELT THAT IT COULD PRESENT A PROBLEM IF EVERYONE HAVING MINING OPERATIONS WANTED TO COMPLETE JUST PART OF THE OPERATION AND THEN SELL THAT PART OFF.. THE CHAIRMAN 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. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, TO DENY THE REZONING REQUEST OF DR, FISCHER ON THE BASIS THAT THE HIGHEST AND BEST USE OF THE PROPERTY IS A MINING. t -OPERATION, AND TO AGREE THAT WHEN THE MINING OPERATION CEASES, WE WILL THEN ENTERTAIN A REQUEST FOR REZONING OF THE ENTIRE PARCEL. t CHAIRMAN VIODTKE AGREED THAT THIS IS A MUCH BETTER APPROACH. '} r COMMISSIONER LOY FELT THAT THERE AREA LOT OF HAZARDS INVOLVED IN HAVING A MINING OPERATION ADJACENT TO RESIDENTIAL HOMES, ,t PARTICULARLY IN THE AREAS OF HEALTH AND SAFETY. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED, WITH COMMISSIONER SCHMUCKER ABSTAINING. 75 SEP 0 6 1978 ,SDA PAU���, Ff; xC:4: COMMISSIONER SCHMUCKER RETURNED TO THE MEETING AT 4:55 OICLOCK P.M. ADMINISTRATOR .JENNINGS DISCUSSED WITH THE BOARD THE SELECTION OF CONSULTANTS FOR RENOVATION OF THE HOSPITAL AND INFORMED THEM THAT HE HAD ADVERTISED FOR LETTERS OF INTEREST AS PER THE -FOLLOWING PUBLIC NOTICE: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of _( n ) L 'L by lCt J li 1 C Cl f rC( [i,7 in the Court, was pub- . a n Jished in said newspaper in the Issues of 3Ta�r i r7 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 eontinw-msly Published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tiserrent; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. /�_� Sworn to and subscribed before me this o 12111,V1,41. A.D..1 ! l L lBusineVIjvtanager) L r (SEAL) (Clerk of the Circuit Court, Indian Ritef County, Florida) 76 PUBLIC ANNOUNCEMENT The Board of County Commissioners of Indian River County is seekinq architectural and engineer services required to convert a Hospital Building into an Administrative Office Complex. These services will include a study utilizing existing courthouse facilities plus the hospital building with emphasis on allocation of space between the two complexes to appropriate governmental offices and other related organizations. Also included in these services is the design and renovation required of the hospital facility to best accommodate 'the proposed governmental uses. Any Florida registered engineer or farm desiring to provide the necessary services should, within fifteen (15) days of date of this notice, file a completed U. S. Government Architect -Engineer questionnaire Standard Form 251, 254, or 255 rellectinq capability to perform. A list of key personnel who would be assigned to this project, a resume of any comparable projects you have completed, or have in progress, and any other reformation that you believe to be relevant should also be Included. Forms should be sent to the County Ad. ministrator of Indian River County, koom tl5 Courthouse, Vero Beach, Florida, 32960. After all forms have been received, an evaluation will be made and no less than tnree (3) firms will be selected for competitive contract negotiation, all in accordance witli the provisions of the 1973 "Coasuliants Com- petitive Negotiation Act." BOARD OF COUNTY COM. MiSSIONERS INDIAN RIVER COUNTY By: Jack G. Jennings County Administrator Aug. 13, 20,1978. f X PA.vtTa, THE ADMINISTRATOR STATED THAT HE HAS RECEIVED LETTERS OF INTEREST FROM 8 TO IO VERY QUALIFIED COMPANIES, AND THE NEXT STEP IS TO DECIDE HOW THE BOARD WANTS TO PROCEED WITH THE SELECTION OF THE CONSULTANTS. HE THEN ASKED FOR SOME GUIDANCE FROM THE BOARD AS TO WHETHER THEY WANT TO RENOVATE THE HOSPITAL IN PHASES OR SELECT THE CONSULTANTS FIRST AND LET THEM PRESENT A PACKAGE ADVISING WHICH OFFICES WOULD BE MAINTAINED IN THE COURTHOUSE COMPLEX AND WHICH WOULD BE MOVED TNTO THE HOSPITAL. HE NOTED THAT IT WILL BE NECESSARY TO GIVE THEM SOME INFORMATION AS TO WHAT IS DESIRED. THE ADMINISTRATOR SUGGESTED THAT THE FIRST PRIORITY WOULD BE TO CONSIDER ALL THE OFFICES THAT COME UNDER THE BOARD OF COUNTY COMMISSIONERS, THEN THE OFFICES WHERE WE ARE REQUIRED BY THE STATE TO FURNISH SPACE, THE OTHER GOVERNMENTAL OFFICES THAT WOULD LIKE SPACE, AND THEN THE CHARITABLE ORGANIZATIONS. HE NOTED THAT WE ALREADY HAVE QUITE A FEW REQUESTS, AND NEED TO SET PRIORITIES CHAIRMAN I''ODTKE AGREED THAT THE FIRM SELECTED MUST BE ABLE TO WORK AS A STRUCTURAL ENGINEER, ELECTRICAL, ARCHITECTURAL, ETC., AND FELT -THAT WE ARE GOING TO HAVE TO ASK THEM TO LOOK INTO It THE UTILIZATION OF THE HOSPITAL BUILDING AS WELL AS THE PRESENT COURTHOUSE AND ANNEX, HE AGREED THAT WE WILL HAVE TO GIVE THEM SOME GUIDELINES, UNLESS WE WANT THEM TO PRESENT THE WHOLE PICTURE AND TELL US. COMMISSIONER SIEBERT STATED THAT HE WOULD LIKE TO HAVE THE BOARD CONSIDER KEEPING IN THE COURTHOUSE AND ANNEX ALL LAW ENFORCEMENT AND JUDICIAL FUNCTIONS AND OUTSIDE GOVERNMENTAL AGENCIES RELATING TO THESE FUNCTIONS, SUCH AS THE DIVISION OF YOUTH SERVICES. HE NOTED THAT THIS WOULD, HOWEVER, CAUSE A SPLIT IN THE CLERK'S OFFICE. ADMINISTRATOR KENNINGS NOTED THAT THEY DO SEPARATE THE COURTS IN MANY COUNTIES. HE STATED THAT HE HAS ASKED ALL THE VARIOUS DEPARTMENTS NOW LOCATED IN THE COURTHOUSE AND ANNEX TO PROJECT WHAT SPACE THEY WILL NEED IN FIVE YEARS. IT WAS NOTED THAT THE APPLICANTS MAY BE SCREENED DOWN TO THREE TO BE INTERVIEWED, AND COMMISSIONER SIEBERT SUGGESTED THAT ONE COMMISSIONER WORK WITH THE ADMINISTRATORS STAFF ON THIS 77 �NUr SCREENING. HE REQUESTED THAT COMMISSIONER SCHMUCKER BE THE ONE TO HELP, AND COMMISSIONER SCHMUCKER AGREED THAT HE WOULD. ADMINISTRATOR JENNINGS SUGGESTED THAT THE BOARD CONSIDER HAVING AN OVERALL DESIGN DONE FOR 'THE RENOVATION RATHER THAN DOING IT PIECEMEAL. ATTORNEY COLLINS NOTED THAT THE CITY OF VERO BEACH HAS A REVERTER ON ONE OF THE PARKING LOTS AND FELT THERE SHOULD BE A LETTER WRITTEN TO THE CITY TRYING TO FIND OUT ON WHAT TERMS,WE CAN WORK OUT CONTINUAL USE OF THAT PROPERTY, IN FURTHER DISCUSSION, THE BOARD AGREED THAT THE FIRM SELECTED SHOULD HAVE THE CAPABILITY TO MAKE AN OVERALL PLAN, AND THE CHAIRMAN INSTRUCTED COMMISSIONER SCHMUCKER TO WORK WITH WHATEVER STAFF THE ADMINISTRATOR.SELECTS TO DO THE SCREENING OF APPLICANTS. ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT HE HAS A CONTINUATION OF CONTRACT ON THE GUARDIAN ALARM SYSTEM FOR THE HOSPITAL, AND NOTED THAT THIS SYSTEM HELPS THE INSURANCE RATE, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN THE CONTRACT FOR THE GUARDIAN ALARM SYSTEM, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO WRITE THE TOWN OF INDIAN RIVER SHORES EXPRESSING THE.000NTY`S CONCURRENCE IN ALLOWING THE TEMPORARY USE OF THE 1,000 GALLON PER MINUTE PUMPER BY THE CITY OF VERO BEACH. COMMISSIONER LOY INFORMED THE BOARD THAT THE SUPERVISORS OF ELECTIONS NEEDS A COUNTY COMMISSIONER TO COUNT ABSENTEE BALLOTS ON SEPTEMBER 13TH AT 9:00 A.M. THE CHAIRMAN APPOINTED COMMISSIONER LOY TO HELP COUNT THE ABSENTEE BALLOTS ON SEPTEMBER 13TH, COMMISSIONER LOY REPORTED THAT SHE HAS RECEIVED A REQUEST FROM THE SUPERVISOR OF ELECTIONS THAT THE BOARD INCREASE THE AMOUNT PAID TO THE POLL WORKERS TO $30.00 A DAY SINCE THERE HAS BEEN NO INCREASE IN THE LAST SEVEN OR EIGHT YEARS. 78 SEP 0 6 1978 ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 78-60 INCREASING TO $30.00 PER DAY THE AMOUNT TO BE PAID TO POLL WORKERS. RESOLUTION NO. 78-60 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the Board, pursuant to Florida Statute 102.021, hereby authorizes the payment of Thirty Dollars ($30.00) per day for each Inspector and Deputy Sheriff, and Thirty -Five Dollars ($35.00) per day for each Clerk, serving at a precinct during special, primary or general elections. � r This Resolution shall become effective as of the 6th day of September , 1978. Attest: Freda Wright, lerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By ` vc% C /' William C. Wodtke, Jr:', Chairman 79 two 36 pAku- COMMISSIONER L.OY REMINDED THE BOARD THAT WE HAD -PREVIOUSLY DISCUSSED HAVING AN ALL DAY PUBLIC HEARING ON THE CHANGES RECOMMENDED BY THE.ZONING COMMISSION ON THE COMPREHENSIVE LAND USE PLAN AND CONSIDERED THE POSSIBILITY OF HOLDING THE MEETING I.N THE COMMUNITY CENTER. SHE NOTED THAT THE EARLIEST TIME THE COMMUNITY CENTER IS AVAILABLE WOULD BE SOMETIME THE LAST OF OCTOBER. DISCUSSION FOLLOWED ON THE ADVISABILITY OF HOLDING THE MEETING EARLIER AND TRYING TO FIND A DIFFERENT MEETING PLACE, ON LOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LAY, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE A PUBLIC HEARING ON CHANGES IN THE COMPREHENSIVE LAND USE PLAN AS SOON AS A SUITABLE LOCATION FOR THE MEETING CAN BE OBTAINED. COMMISSIONER DEESON REPORTED THAT CONSTRUCTION OF THE COLLECTOR STATION AT FELLSMERE STARTED TODAY. CHAIRMAN VIODTKE REQUESTED THAT APPOINTMENTS TO FILL THE VACANCIES ON THE E.O.C. BOARD OF DIRECTORS BE PUT ON THE AGENDA FOR THE NEXT MEETING AT WHICH TIME WE WILL HAVE WORD FROM THE SCHOOL BOARD ON THE APPOINTMENTS THEY WILL RECOMMEND. CHAIRMAN WODTKE NOTED THAT AT A PREVIOUS MEETING WE HAD A REQUEST FROM THE SCHOOL BOARD FOR FILL MATERIAL AND PAVING OF THE HIGH SCHOOL PARKING LOT, AND WE RESPONDED THAT THIS WAS NOT OUR RESPONSIBILITY OR UNDER OUR JURISDICTION. HE INFORMED THE BOARD THAT HE HAS SINCE RECEIVED A PHONE CALL FROM THE SCHOOL BOARD STATING THAT THEY HAVE AN EMERGENCY PROBLEM WITH CARS PARKING IN BETWEEN THE PAVED AREAS BECAUSE THE LOT IS IN SUCH BAD SHAPE, AND THEY REQUESTED THAT SOME FILL BE DUMPED AT THE.LOT AND THEY WOULD SPREAD IT AND HAUL IT. THE CHAIRMAN FELT THAT THE BOARD HAD INDICATED THAT WE WOULD HELP IN AN EMERGENCY SITUATION, AND HE, THEREFORE, INSTRUCTED THE ADMINISTRATOR TO SUPPLY THE FILL MATERIAL REQUESTED AND NOW WOULD LIKE TO HAVE RETRO -ACTIVE APPROVAL OF THIS ACTION, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED RETRO -ACTIVE AUTHORIZATION FOR THE ADMINISTRATOR TO SUPPLY FILL MATERIAL AS REQUESTED BY THE SCHOOL BOARD FOR ;HE PARKING LOT AT THE SENIOR HIGH SCHOOL, SEP " 6 1978 r rl F ;, 203 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 PPOs, 58975-59084 INCLUSIVE, SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES, THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 5:45 O'CLOCK P.M. ATTEST: CLERK CHAIRMAN F-0_ Q�a3�• 'v uxup 204