Loading...
HomeMy WebLinkAbout2/12/1979I •Y t 0 MONDAY, FEBRUARY 12, 1979 THE INDIAN RIVER COUNTY LEGISLATIVE DELEGATION AND THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN JOINT SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON MONDAY, FEBRUARY 12, 1979, AT 10:30 O'CLOCK A.M. PRESENT WERE SENATOR HARRY A. JOHNSTON, II, OF PALM BEACH COUNTY, DISTRICT 26; SENATOR DON C. CHILDERS OF PALM BEACH COUNTY, DISTRICT 28; AND STATE REPRESENTATIVE R. DALE PATCHETT, OF INDIAN RIVER COUNTY, DISTRICT 48. ALSO PRESENT WERE WILLIAM C. WODTKE, JR., CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS; ALMA LEE Loy, VICE CHAIRMAN; WILLARD W. SIEBERT, JR.; R. DON DEESON; AND PATRICK B. LYONS; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; L. S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; AND VIRGINIA HARGREAVES, DEPUTY CLERK, REPRESENTATIVE PATCHETT CALLED THE MEETING TO ORDER AND ANNOUNCED THAT SENATOR PHILIP D. LEWIS COULD NOT BE PRESENT BECAUSE OF THE PRESSURES OF HIS POSITION AS PRESIDENT OF THE SENATE. HE FURTHER INFORMED THOSE PRESENT THAT THE LEGISLATIVE DELEGATION HAS SOME SEVERE TIME CONSTRAINTS BECAUSE THEY MUST ATTEND ANOTHER MEETING AT 11:30 A.M. THE HOUR OF 10:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: FEB 1211 1979 BOOK 39 PAGE 69 I I 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 4 >Z] in the matter of J In the Court, was pub - lisped in said newspaper in the. issues of � - �T! 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 Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tiserr.ent; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Swom to and subscribed before me this ay of A. D. �: 9 Bus ss Manager) (Clerk of the Circuit Court, India iver County, Florida) (SEAL) +. v NOTICE NOTICE IS HEREBY GIVEN that a joint public hearing for both the Board of County Commissioners of Indian River County, Florida, and the Indian River County Legislative Delegation, will be held at 10:30 o'clock A.M. on the 14th day of February, 1979, in the County Commission Chambers in the Indian River County Courthouse to consider the initiation of A special act creating limitations on Chapter 441, Florida Statutes (1977) within Indian River County, providing for public hearings and approval by the governing body for a public housing authority to construct, pur- chase, lease, rent, operate, insure or commit to the acquisition, construction, purchase, lease, rental, or operation of a public housing authority; providing for notice requirements; Providing for disclosure by real parties in Interest; providing for a referendum election within the district affected; and providing for limitation on density and heights of units constructed by the housing authority. Board of County Commissioners of Indian River County, Florida By: -s -William C. WodtkeJr., Chairman web. 4, 1979. REPRESENTATIVE PATCHETT EXPLAINED THAT WE HAVE BEFORE US TODAY A LOCAL BILL THAT HAS BEEN PROPOSED TO ESTABLISH SOME CRITERIA FOR A HOUSING AUTHORITY IF AND WHEN THE COUNTY COMMISSION WOULD CHOOSE TO ESTABLISH ONE. HE REQUESTED THAT THOSE PRESENT PLEASE CONFINE THEIR REMARKS TO THIS BILL AND NOT SPEAK ABOUT WHETHER THE COUNTY SHOULD HAVE A -HOUSING AUTHORITY OR NOT. ATTORNEY COLLINS THEN READ THE PROPOSED BILL ALOUD AS FOLLOWS: FEB 121979 2 r iiiiiiiiin CHAPTER House Sill No. AN ACT relating to Indian River County, establishing limitations on any public housing authority created within Indian River County by 421 Florida Statutes (1977) requiring approval by a majority of the governing body of the area where the housing project is to be located after a noticed public hearing prior to the housing authority, acquiring, constructing, contracting to construct, purchasing, leasing, renting, operat-ing, insuring or commiting•to the acquisition, construction, contract to construct, purchase lease, rental or operation of 4t• any"housing project involving new construction only. Providing - for disclosure by interested parties, a referendum election upon request if the housing project is not approved by the governing body at the public hearing, requiring compliance with Indian River County building and zoning regulations. Be•It•Enacted by the Legislature of the State of Florida: Section 1. Any housing authority created within Indian River CouAty•by 421 Florida Statutes (1977), shall acquire, construct, contract to construct, purchase, lease, rent, operate, insure or commit to the acquisition, construction, contract for construction, purchase, lease, rental or operation -of any housing project involving new.construction only upon the approval thereof by a majority vote of the governing body of the area where the housing project is to be located, which vote shall be taken at a public hearing which has been advertised by publishing a notice thereof in a newspaper in general circulation in the area once only at le4st.1:5 days prior to said hearing, by posting a notice of such•proposed project -in a conspicuous location on the site of the proposed project, and by mailing a copy of such notice to all adjacent property owners within 300 feet of the proposed project no less than 10 days nor more than 15 days -prior to such hearing. At such public hearing the names of the real parties in interest, directly or indirectly, in the proposed project shall be disclosed. Section 2. In.the event such housing project isnot approved by a majority•vote of the governing body at such public hearing, then upon request of the housing authority•at said public hearing, the governing body'shall order a referendum election of the registered voters in the precinct or district wherein the proposed housinq.project is•to be located. Approval. of a majority of those voting in such election shall constitute approval of such housing project. Section 3. The cost of such public hearings and referendum elections shall be borne by the housing authority. Section 4. All housing projects of an authority shall be subject to the planning, zoning, sanitary and building laws, ordinances, and.regulations applicable to the locality in which the housing project is situated. a BwK .39 ra AL FEB 121979 ATTORNEY COLLINS INFORMED THOSE PRESENT THAT THE WORDING OF THE SPECIAL ACT TRACKS THE LIMITATIONS IN THE GENERAL STATUTE 421 THAT APPLIES TO ORANGE AND SEMINOLE COUNTIES, AND IN SECTION 4 THE WORDING IN THE GENERAL STATUTE HAS BEEN RESTATED FOR EMPHASIS. REPRESENTATIVE PATCHETT ASKED -THE COMMISSIONERS IF THEY WISHED TO MAKE ANY REMARKS AT THIS TIME, AND THEY DID NOT. HE THEN OPENED THE FLOOR TO THE GENERAL PUBLIC. • ROBERT RAMSDELL ASKED IF THERE WILL BEA CHANCE LATER TO SPEAK ABOUT IDEAS OTHER THAN A HOUSING AUTHORITY. HE NOTED THAT THERE ARE SEVERAL HERE WHO WISH TO SPEAK ON THAT SUBJECT. REPRESENTATIVE PATCHETT STATED THAT HE COULD NOT SPEAK FOR THE COUNTY COMMISSIONERS, BUT NOTED THAT BEFORE THE COMMISSION CAN ESTABLISH A HOUSING AUTHORITY, THEY HAVE TO HAVE A PUBLIC HEARING, AT WHICH TIME THE WHOLE THING CAN BE TALKED OVER. FRAN ROSS, 4161 28TH AVENUE, GIFFORD, CAME FORWARD REPRESENTING• THE GIFFORD PROGRESSIVE CIVIC LEAGUE. SHE ASKED IF THIS BILL CAN BE CHANGED OR IF THIS IS THE WAY IT WILL BE PRESENTED TO THE LEGISLATURE, REPRESENTATIVE PATCHETT STATED THAT IT CAN BE CHANGED AT THIS POINT, BUT IF IT IS PASSED AS IT IS, IT WILL BE INTRODUCED AS IT IS. MS. ROSS STATED THAT THEY WOULD LIKE A HOUSING AUTHORITY TO R BE ESTABLISHED, BUT WOULD ALSO LIKE IT TO EXIST AS A SEPARATE UNIT. ATTORNEY COLLINS EXPLAINED THAT IF THE COUNTY COMMISSION PASSES A RESOLUTION THAT A HOUSING AUTHORITY IS CREATED, THAT AUTHORITY WILL BE MANNED BY APPOINTEES OF THE GOVERNOR, THEY ARE SEPARATE FROM THE COUNTY COMMISSION. REPRESENTATIVE PATCHETT INFORMED MS. ROSS THAT THE GOVERNOR t MAKES THE.APPOINTMENTS, NOT THE COUNTY COMMISSION. HE CONTINUED THAT IT E WOULD REQUIRE A GENERAL ACT TO EXEMPT INDIAN RIVER COUNTY FROM THIS REQUIREMENT, AND HE DID NOT BELIEVE SUCH AN ACT WOULD PASSi REPRESENTATIVE PATCHETT FURTHER EXPLAINED THAT THE COUNTY COMMISSION MAKES -RECOMMENDATIONS TO THE GOVERNOR, AND HE CAN PICK FROM THAT LIST OR CAN PICK ANYBODY HE WANTS. 4 aa 39 ,Au ""h .ti ,a FRANK LORC INQUIRED ABOUT THE REPRESENTATIVE'S OPINION AS TO THE APPROVAL OF THE PROPOSED BILL AND APPROXIMATELY HOW LONG IT WOULD TAKE BEFORE IT COULD COME BACK IN A FORM READY TO BE USED. REPRESENTATIVE PATCHETT NOTED THAT THE DELEGATION FIRST HAS TO CHOOSE TO ENTER THE BILL. HE REVIEWED A TIME TABLE FOR THE NECESSARY PROCEDURES AND FELT IT PROBABLY COULD BECOME EFFECTIVE EITHER .JULY 1ST OR OCTOBER 1ST. CARROLL PALMER, PRESIDENT OF THE TAXPAYERS ASSOCIATION, TOOK THE FLOOR. HE STATED THAT THE ASSOCIATION HEARTILY ENDORSES THE ENACT— MENT OF THIS LIMITING LEGISLATION, AND FEELS THAT THE GOOD OF THE TAX— PAYERS OF THIS COUNTY WOULD BE SERVED BY IMPOSING THIS TYPE OF CONTROL OVER A HOUSING AUTHORITY, HE NOTED THAT, TO SET THE RECORD STRAIGHT, IT i IS NOT NECESSARY TO HAVE A PUBLIC HEARING TO ESTABLISH A HOUSING AUTHORITY; HOWEVER, THE BOARD OF COUNTY COMMISSIONERS HAS GONE ON RECORD THAT THEY WOULD NOT TAKE A VOTE ON THIS MATTER WITHOUT FIRST HAVING A PUBLIC HEARING. SJR. PALMER CONTINUED THAT WITH RESPECT TO THE LANGUAGE OF THE PROPOSED BILL, SECTION 4 SEEMS TO BE -REDUNDANT AND SECTION 2 REFERS TO "PRECINCT OR DISTRICT." HE FELT THIS LEAVES AN INDEFINITENESS IN THE PROPOSED LANGUAGE. tREPRESENTATIVE PATCHETT INFORMED HIM THAT, AS ALREADY STATED, SECTION 4 IS A CLARIFICATION AND EMPHASIS OF THE STATUTE AND WOULD COVER US IN CASE OF A CHANGE IN THE GENERAL LAW. AS TO THE WORDING "DISTRICT OR PRECINCT," HE STATED THAT IS UP TO THE COUNTY COMMISSION AND GIVES THEM SOME FLEXIBILITY. ATTORNEY COLLINS INFORMED THOSE PRESENT THAT HE ADDED THE WORDS "OR DISTRICT" TO THE BILL, BUT AGREED THAT IT DOES LEAVE IT UP IN THE AIR AS TO WHAT AREA ACTUALLY WILL BE VOTING IN THE REFERENDUM. HE FELT FOR PURPOSES OF CONSISTENCY, THE WORDS "OR DISTRICT" SHOULD BE STRUCK. SENATOR JOHNSTON SUGGESTED THAT IT SHOULD STATE "PRECINCT OR PRECINCTS" SINCE YOU COULD HAVE A HOUSING PROJECT THAT MIGHT BE RIGHT ON THE BORDER OF TWO PRECINCTS, AND ATTORNEY COLLINS AGREED. REPRESENTATIVE PATCHETT FELT WE SHOULD MOVE TO STRIKE THE WORDS OR DISTRICT" AND SUBSTITUTE OR PRECINCTS" IN SECTION 2. HE NOTED THAT THE IDEA IS TO GIVE THE AREA AFFECTED THE CHANGE TO SAY WHETHER THEY FEB 121979 5 11 1 BOOK 39 PAGE 73 WANT'. THE PROPOSED PROJECT. REPRESENTATIVE PATCHETT STATED THAT, WITHOUT OBJECTION, HE WILL MOVE SUCH AN AMENDMENT. THERE WAS NO OBJECTION. REPRESENTATIVE PATCHETT STATED THAT AT SOME POINT A SECTION 5 WILL HAVE TO BE ADDED TO SET AN EFFECTIVE DATE ON THE BILL. ATTORNEY COLLINS FELT THE SOONER THE DATE, THE BETTER, AND SENATOR .JOHNSTON SUGGESTING MAKING THE DATE CERTAIN AS .JULY 1ST. REPRESENTATIVE PATCHETT STATED THAT HE WOULD ACCEPT AN AMEND- MENT AS TO THAT EFFECT, AND WITHOUT OBJECTION, HE WILL MOVE AN AMENDMENT TO ADD SECTION 5 WITH AN EFFECTIVE DATE OF .JULY 1, 1979. THERE WAS NO OBJECTION. REV. .JOHN W. TAYLOR REFERRED TO SECTION 1 OF THE PROPOSED BILL WHERE YOU HAVE THE TERMS WHERE THE COMMISSION WILL BE THE CONTROLLER AND INFORMED THOSE PRESENT THAT HE HAS A SIGNED PETITION STATING THAT THE PEOPLE IN THE AREA WANT THE HOUSING AUTHORITY TO HAVE THE SAY, NOT THE COMMISSIONERS. HE POINTED OUT THAT PLANNING AND ZONING ARE ALREADY IN THERE. HE NOTED THE COUNTY COMMISSIONERS HAVE THE NAMES TO SUBMIT AND THE GOVERNOR WOULD PICK THE PEOPLE; THEN IT WOULD BE OUT OF THE HANDS OF THE COUNTY, BUT THEY WOULD HAVE A SAY-SO IN CERTAIN AREAS. REPRESENTATIVE PATCHETT REMARKED THAT THE STATUTES STATE THAT THE GOVERNOR WILL APPOINT THE MEMBERS OF THE HOUSING AUTHORITY, AND HE DOESNIT HAVE TO APPOINT THOSE SUGGESTED BY THE COUNTY COMMISSION. THE GOVERNOR ALSO HAS THE POWER OF REMOVAL. THE REPRESENTATIVE NOTED THAT IN REGARD TO PLANNING AND ZONING, IT IS NECESSARY TO MEET THE LOCAL REQUIREMENTS. REVEREND TAYLOR STATED THAT HE FELT SECTION Z'SHOULD BE DELETED WHERE IT REQUIRES A PUBLIC HEARING. REPRESENTATIVE PATCHETT FELT THE REASON FOR SECTION 1 IS TO { HAVE DUE PUBLIC NOTICE. -�+ REVEREND TAYLOR NOTED NOT ALL PEOPLE READ THE NOTICE AND FELT THAT THIS IS A LOOPHOLE. REPRESENTATIVE PATCHETT EXPLAINED THAT SECTION 1 COVERS GENERAL NOTICE, AND HE DID NOT FEEL IT WOULD BE ADVISABLE TO STRIKE THE REQUIREMENT FOR A PUBLIC HEARING. HE FURTHER NOTED THAT, AS HE READS IT, THE PUBLIC HEARING IS TO BE HELD BY THE HOUSING AUTHORITY. 0 FEB 121979 Boa 39 PAGE 74 J I '° ATTORNEY COLLINS EXPLAINED THAT ALL THREE NOTICES ARE REQUIRED - IT IS NOT AN "AND/OR" SITUATION. NOTICE MUST BE PUT IN THE PAPER, POSTED ON THE SITE OF THE PROPOSED PROJECT, AND ALSO SENT TO EACH INDIVIDUAL WITHIN 3OO FEET OF THE PROPOSED PROJECT. SENATOR CHILDERS ASKED REVEREND TAYLOR IF THEY OBJECT TO -THE COUNTY COMMISSIONERS BEING INVOLVED AT ALL IN THE HOUSING AUTHORITY. REVERENT TAYLOR FELT THEY SHOULD KNOW WHAT IS GOING ON, BUT THAT THE MEMBERS SHOULD BE ELECTED, SENATOR CHILDERS ASKED IF THEY OBJECT TO THE COUNTY COMMISSIONERS HAVING ANY SAY-SO, HE NOTED THAT REVEREND TAYLOR IS THE SECOND PERSON WHO HAS SAID THEY DO NOT WANT THE COUNTY COMMISSION INVOLVED AND HE WANTS TO KNOW WHY, REPRESENTATIVE PATCHETT ASKED IF THE REVEREND FELT THE AUTHORITY WOULD BE SUBJECT TO TOO MUCH INFLUENCE, AND THE REVEREND STATED THAT HE DID, AND NOTED THAT WHERE HE HAS SEEN AN AUTHORITY, THE COUNTY COMMISSION'. DOES NOT HAVE ANY CONTROL, AND THE AUTHORITY DECIDES WHAT THEY WANT TO DO. SENATOR CHILDERS COMMENTED THAT THEY HAVE MANY PROBLEMS WITH THE HOUSING AUTHORITY IN PALM BEACH COUNTY, AND HE FELT THAT MAYBE IF THEY HAD A GOOD OVERSEER, THIS PROBLEM MIGHT NOT HAVE COME ABOUT. REVEREND TAYLOR NOTED THAT IN HIS COUNTY, THE AUTHORITY HAS A GOOD CHAIRMAN; IT HAS BEEN IN EXISTENCE 20 YEARS;•AND IT IS A GOOD ONE. MS. ROSS AGAIN TOOK THE FLOOR AND EXPLAINED THAT WHAT THEY ARE ASKING AS A CIVIC LEAGUE IS THAT THE COUNTY COMMISSION ACT AS A NEUTRAL i PARTY. SHE STATED THAT THE LEAGUE WANTS THE COMMISSION TO BE ABLE TO MAKE RECOMMENDATIONS, BUT DUE TO THE FACT THAT EACH COMMISSIONER REPRESENTS A UNIQUE CONSTITUENCY, THE LEAGUE IS ASKING THAT THEY REMAIN NEUTRAL ALONG THOSE LINES. j REPRESENTATIVE PATCHETT STATED THAT HE DOES NOT FEEL THIS LOCAL -, BILL SPEAKS TO EXACTLY WHAT THEIR INFLUENCE WOULD BE. HE POINTED OUT THAT • i THIS IS FAIRLY WELL SET OUT UNDER THE STATUTE, AND HE DOES NOT FEEL THIS BILL CHANGES THE INFLUENCE UNDER 421. MS. ROSS REQUESTED THAT STATUTE 421 BE EXPLAINED BRIEFLY, 7 BOOK 39 PAGE 75 F E B 12 1979 a ATTORNEY COLLINS EXPLAINED THAT 421 IS THE GENERAL LAW OF THE STATUTE WHICH APPLIES TO HOUSING AUTHORITIES IN THE STATE OF FLORIDA. 421 ENVISIONS THAT THE HOUSING AUTHORITY WILL BE AN AUTONOMOUS BODY WITHOUT INFLUENCE OF THE COUNTY COMMISSION, EXCEPT THAT IT'PROVIDES THAT THE COMMISSION CAN APPROVE (AND IT IS SUBJECT TO INTERPRETATION OF WHAT THAT MEANS) THE RECOMMENDATIONS THAT GO TO THE GOVERNOR WHEN THE GOVERNOR MAKES HIS APPOINTMENTS. ONCE THE GOVERNOR MAKES THE APPOINTMENTS AND THE AUTHORITY HAS ITS OWN GOVERNMENTAL BODY; THEN THEY ARE PRETTY WELL SEPARATE. THE ATTORNEY EXPLAINED THAT THE SPECIAL ACT REALLY DEALS ONLY WITH THE QUESTION OF WHAT PROJECTS ARE GOING TO BE INITIATED, AND IT GIVES THE COUNTY COMMISSION THE RIGHT TO APPROVE THE PROJECT BEFORE THE WORK STARTS. ONCE THE PROJECT IS APPROVED, THEN THE HOUSING AUTHORITY WILL HAVE COMPLETE CONTROL.OVER IT WITHOUT INFLUENCE FROM THE COUNTY COMMISSION. ATTORNEY COLLINS FURTHER EXPLAINED THAT IF THE AUTHORITY CAME FORWARD WITH A PROJECT THAT WAS INCONSISTENT WITH THE COUNTY COMMISSIONS FEELINGS, THEY WOULD HAVE THE RIGHT TO DISAPPROVE IT; THEN THE PEOPLE WOULD HAVE THE RIGHT TO GO TO A REFERENDUM AND OVERRIDE THAT DISAPPROVAL. .NORMAN BADENHOP,OF 4601 SUNSET DRIVE, SPOKE AS PRESIDENT OF THE VERO BEACH CIVIC ASSOCIATION AND STATED THAT THEY SUPPORT THE POSITION TAKEN BY THE TAXPAYERS ASSOCIATION. 'THEY FEEL THAT THERE SHOULD BE MORE TEETH ADDED TO THIS BILL IN THAT THIS COUNTRY IS CONTROLLED INCREASINGLY BY BUREAUCRATIC PEOPLE THAT ARE APPOINTED AND ARE NOT RESPONSIVE TO THE • PUBLIC INTEREST. THESE PEOPLE, IN EFFECT, MAKE LAWS, AND THE CIVIC ASSOCIATION FEELS THERE SHOULD BE A CONTROL IMPOSED WHEREBY THIS BODY SHOULD NOT BE AUTONOMOUS BUT SHOULD BE CONTROLLED BY ELECTED OFFICIALS WHO ARE RESPONSIVE TO THE PUBLIC. REVEREND BROWN OF -THE CHURCH OF GOD IN CHRIST IN FELLSMERE i ti SPOKE REPRESENTING THE PROGRESSIVE CIVIC LEAGUE. HE EXPRESSED CONCERN ABOUT PROVIDING DECENT HOUSING FOR THE ELDERLY, BOTH BLACK AND WHITE. HE STATED THAT WE HAVE THE TAXPAYERS ASSOCIATION AGAINST US IN INDIAN RIVER COUNTY AND ASKED WHY THEY ARE SO BITTERLY AGAINST USING FEDERAL MONIES TO ESTABLISH A HOUSING AUTHORITY IN INDIAN RIVER COUNTY FOR ELDERLY 8 FEB 12 1979 Booz 39 WE 76 CITIZENS WHEN MILLIONS OF DOLLARS ARE SENT TO RED CHINA AND USED TO PUT PEOPLE ON THE MOON AND THEY SAY NOTHING ABOUT THAT. REVEREND BROWN STATED THAT YOU MUST HAVE SOMEONE RELIABLE TO GOVERN A HOUSING AUTHORITY AND HE IS NOT AGAINST THE COUNTY COMMISSION HAVING SOME CONTROL OVER THE AUTHORITY. HE NOTED THAT MANY OTHER -PLACES SUCH AS MELBOURNE, STUART, FORT PIERCE, ALL HAVE HOUSING AUTHORITIES, AND THEY DO NOT HAVE ANY TROUBLE. REPRESENTATIVE PATCHETT INFORMED REVEREND BROWN THAT THE LEGISLATIVE DELEGATION DOES NOT DECIDE"WHETHER THERE WILL BE A HOUSING AUTHORITY OR NOT; THE COUNTY COMMISSION MUST DECIDE THAT. THE DELEGATION IS HERE ONLY TO TALK ABOUT A LOCAL BILL TO ESTABLISH WHAT CONTROLS CAN BE SET OVER A HOUSING AUTHORITY. COMMISSIONER LYONS STATED THAT HE WORRIES ABOUT HAVING A POWERFUL AUTONOMOUS NONELECTED BODY IN THE COUNTY, AND ASKED WHETHER THERE ARE ANY FURTHER POSSIBLE RESTRICTIONS WITHIN THE LAW WHICH WOULD• ALLOW US TO MAINTAIN AS -MUCH CONTROL AS POSSIBLE OVER THE ACTIVITIES OF A HOUSING AUTHORITY. 1p REPRESENTATIVE PATCHETT NOTED THAT THIS BILL ORIGINATES FROM ORANGE AND SEMINOLE COUNTIES AND IS THE ONLY TYPE OF RESTRICTION THAT HAS EVER BEEN ADOPTED BY THE It LEGISLATURE. HE DID NOT BELIEVE THEY HAVE THE AUTHORITY TO DO ANYTHING MORE THAN THIS. VICTOR HART, OF 4659 84TH AVENUE, TOOK THE FLOOR REPRESENTING THE NAACP. HE STATED THAT SECTION 1, AND ESPECIALLY SECTION 2, OF THE PROPOSED BILL SCARES HIM, MR. HART NOTED THAT IS OR 20 YEARS AGO A PREVIOUS BOARD WAS INFLUENCED BY A GROUP WHO WISHED TO RESTRICT THE ACTIVITIES OF THE BLACK COMMUNITY IN GIFFORD, AND CONSEQUENTLY THEY PREVENTED GIFFORD, WHICH TODAY CONTAINS SOME 7,000 INHABITANTS, FROM INCORPORATING. HE NOTED THAT THE PRESENT BOARD IS NOW PAYING FOR THIS '.� DECISION. MR. HART CONTINUED THAT TODAY THEY HAVE ANOTHER GROUP OPPOSING THEM WHO HAVE THEIR MINDS CLOSED TO THE BETTERMENT OF POOR PEOPLE, WHITE AND BLACK, AND INFORMED THOSE PRESENT THAT IT IS HIS CONCLUSION THAT THIS BILL IS NOT IN THE BEST INTERESTS OF IMPROVING THE CONDITION OF THE BLACK PEOPLE AND THE LESS FORTUNATE WHITE PEOPLE IN INDIAN RIVER COUNTY. BOOK 39 PAGE 77 FEB 121979 o REPRESENTATIVE PATCHETT NOTED THAT THERE IS A SAFEGUARD BUILT INTO SECTION 2. HE POINTED OUT THAT IF A PROVISION FOR A REFERENDUM WERE NOT INCLUDED AND THE COMMISSION SAID THEY DID NOT WANT THE PROJECT, THE PEOPLE WOULD HAVE TO GO ALONG WITH THEM, BUT UNDER THIS SECTION; THE PEOPLE ARE GIVEN THE ALTERNATIVE OF A REFERENDUM BY WHICH THEY CAN.OVER— RULE THE BOARD. HE NOTED THAT ONLY THOSE IN THE AFFECTED AREA WOULD VOTE — NOT THE COUNTY AS A WHOLE. • VICTOR HART AGREED THAT WHAT REPRESENTATIVE PATCHETT IS SAYING SOUNDS GOOD, BUT HE POINTED OUT THAT IN THE GIFFORD COMMUNITY, THEY HAVE THREE PRECINCTS — SOME PEOPLE LIVING IN GIFFORD VOTE IN WINTER BEACH AND SOME PEOPLE FROM WEST OF TOWN VOTE IN GIFFORD. HE NOTED THIS WEAKENS THE POWER OF THE BLACK PEOPLE AND YOU WOULD NOT HAVE A PROPERLY REPRE— SENTATIVE VOTE OF THE PEOPLE AFFECTED, ESPECIALLY SINCE THERE ARE 7,000 PEOPLE IN GIFFORD AND ONLY ABOUT 1,100 REGISTERED VOTERS. HE ASKED HOW THIS SITUATION COULD BE HANDLED. REPRESENTATIVE PATCHETT FELT THIS WOULD BE HANDLED UNDER THE SECTION BASED ON THE LOCATION OF THE PROJECT. IF A PROJECT WAS ALL IN ONE PRECINCT, ONLY THAT PRECINCT WOULD VOTE; IF IT WAS BORDERLINE, MORE THAN ONE PRECINCT WOULD VOTE. MR. HART POINTED OUT THAT IF, FOR INSTANCE, THE HOUSING AUTHORITY WANTED TO BUILD A PROJECT ON THE NORTH SIDE OF CLEMANNS AVENUE, THE PEOPLE LIVING ON THE NORTH SIDE OF NORTH GIFFORD ROAD, WHICH IS THE BULK OF THE PEOPLE, WOULDNIT BE ABLE TO VOTE BECAUSE THEY ARE IN A DIFFERENT PRECINCT. HE DID NOT BELIEVE YOU WOULD GET THE CONSENSUS OF THE MAJORITY OF THE PEOPLE IN THE BLACK COMMUNITY THIS WAY. SENATOR JOHNSTON ASKED "OTHER THAN GETTING GIFFORD INCORPORATED, WHICH AT THIS POINT IS NOT TOO FEASIBLE, — WHAT DO YOU WANT FROM US?" MR. HART STATED THAT HE WOULD LIKE THE DELEGATION TO LOOK AT •,ti THIS BILL, LOOK AT THE HISTORY OF THE COUNTY AND LOOK AT WHY THIS REQUEST WAS MADE. HE NOTED THERE ARE ABOUT SS HOUSING AUTHORITIES IN THE STATE OF FLORIDA AND HE UNDERSTANDS ONLY TWO COUNTIES HAVE THIS BILL. HE ASKED THAT THEY CONSIDER WHY THESE GROUPS WANT THE LEGISLATIVE DELEGATION TO MUZZLE THE HOUSING AUTHORITY. 10 FEB 12 1979 Book 39 PAGE 78 0 SENATOR .JOHNSTON STATED THAT HE HAS GOTTEN THE IMPRESSION THAT FRAN ROSS IS FOR THIS AND THAT REVEREND BROWN IS FOR THIS. HE NOTED THAT ONE SIDE SAYS THE BILL IS TOO WEAK AND THE OTHER SIDE SAYS IT IS TOO STRONG - SO IT MUST BE PRETTY GOOD IF NOBODY IS HAPPY WITH IT. ' MR. HART STATED THAT HE DID NOT BELIEVE THE SENATOR GOT -THE CORRECT FEELING FROM MS. ROSS AND REVEREND BROWN. HE CONTINUED THAT HE IS SAYING THAT THE COUNTY ALREADY HAS THE MECHANISM TO CONTROL WHERE THE HOUSING IS BUILT, ETC. IF YOU ARE LOOKING AT THIS TO PREVENT CORRUPTION, HE DID NOT BELIEVE THIS BILL OR ANY OTHER WILL STOP THAT. HE NOTED THE STATEMENT HAS BEEN MADE THAT WE HAVE TOO MUCH BUREAUCRACY AND ASKED IF THE PEOPLE AGAINST THIS ARE CONCERNED ABOUT SAVING MONEY OR ARE THEY CONCERNED ABOUT KEEPING BLACK PEOPLE UNDER CONTROL. WILLIAM KOOLAGE,OF 815 26TH AVENUE,NOTED THAT HE WAS A MEMBER OF THE HOUSING STUDY GROUP AND HE PERSONALLY FELT THAT IT WILL SPEED THINGS UP TOWARD GETTING HOUSING IN THE AREA WE NEED IT IF WE CAN GET THIS BILL THROUGH. PSR. KOOLAGE COMMENTED THAT HE BELIEVED A LOT OF THINGS BEING DISCUSSED TODAY INVOLVE A BIT OF EMOTIONAL -ISM. HE POINTED OUT THAT THIS BILL APPEARS TO BE THE CLOSEST WAY TO GET THE HOUSING AUTHORITY, AND HE, THEREFORE, WOULD RECOMMEND VERY STRONGLY THAT THE PROPOSED BILL BE ADOPTED. MS. ROSS INFORMED THOSE PRESENT THAT SHE HAS 825 SIGNATUkES ON A PETITION THAT SAYS THE PROGRESSIVE CIVIC ASSOCIATION DOES WANT A • HOUSING AUTHORITY ESTABLISHED, BUT WANT IT TO EXIST AS A SEPARATE ENTITY. SHE STATED THAT THEY DON'T GO ALONG WITH ALL THE RECOMMENDATIONS IN THE BILL, AND FELT WHAT PROBABLY MADE THE SENATOR THINK SHE WAS GOING ALONG WITH IT WAS HER GETTING CLARIFICATION ON THE STATUTE ABOUT THE COUNTY COMMISSION MAKING RECOMMENDATIONS FOR APPOINTMENTS. PEG COPELAND STATED THAT SHE IS CONCERNED AS A TAXPAYER BECAUSE THERE WILL BE MORE THAN JUST LOCAL MONEY INVOLVED. SHE STATED THAT SHE HAD BEEN AN EMPLOYEE OF THE HOUSING ADMINISTRATION IN PHILADELPHIA AND TOO MANY THINGS ARE SWEPT UNDER THE CARPET. MS, COPELAND STATED THAT SHE WOULD REALLY PREFER TO SEE SOMETHING DONE BY PRIVATE INDUSTRY. 11 FEB 12 1979 Boa 39 PAGE 79 ` REPRESENTATIVE PATCHETT ASKED THE CHAIRMAN IF HE WISHED TO RESPOND AND NOTED THAT THE DELEGATION WILL HAVE TO CUT OFF THE DEBATE AT THIS.POINT IN ORDER TO MEET THEIR DEADLINE. CHAIRMAN WODTKE STATED THAT HE WILL NOT ATTEMPT TO SPEAK FOR MEMBERS OF THE BOARD WHO CAN SPEAK INDIVIDUALLY. HE FELT ONE OF THE IMPORTANT CONCERNS MENTIONED WAS COVERED BY THE AMENDMENT ABOUT PRECINCTS OR DISTRICTS. HE POINTED OUT THAT OUR PRECINCTS ARE FROZEN UNTIL THE 1980 CENSUS, AND THEY DO TAKE IN MUNICIPALITIES IN THE UNINCORPORATED AREA, WHICH HE AGREED CREATES A DIFFICULT PROBLEM IF A REFERENDUM WERE NEEDED. CHAIRMAN WODTKE FELT THE IMPORTANT THING TO REMEMBER IS THAT THE COUNTY COMMISSIONERS ARE ELECTED TO SERVE THE PEOPLE, AND THE COMMISSION HAS A DEFINITE RESPONSIBILITY. THE CHAIRMAN INFORMED THOSE PRESENT THAT HE BELIEVES THE COMMISSION HAS ESTABLISHED THERE IS A DEFINITE NEED FOR LOW COST HOUSING AND ARE LOOKING FOR WAYS TO RESOLVE THE HOUSING PROBLEM. HE POINTED OUT THAT THIS HAS BEEN STUDIED FOR MANY YEARS, AND NO ONE HAS COME TO THE BOARD WITH AN AFFIRMATIVE PLAN OF ACTION. THE REPORT MADE BY THE HOUSING STUDY COMMITTEE POINTED OUT THAT FUNDS ARE AVAILABLE TO A HOUSING AUTHORITY THAT ARE NOT AVAILABLE TO PRIVATE INDUSTRY, AND HE NOTED THAT HE PERSONALLY WOULD LIKE TO SEE THE PROPOSED BILL PASSED SO THAT WE MAY MOVE AHEAD. HE FELT THAT THE BOARD CAN SEE TO IT THAT WHATEVER PROGRAMS ARE APPROVED ARE THOSE THAT WILL BE BENEFICIAL TO THOSE WHO NEED IT AND TO THOSE WHO WILL TAKE CARE OF IT. ROBERT RAMSDELL REQUESTED THAT THIS MEETING BE CONTINUED AFTER THE DELEGATION LEAVES, AND REPRESENTATIVE PATCHETT STATED THAT THIS IS UP TO THE COMMISSIONERS. HE ANNOUNCED THAT AT THIS POINT THE CHAIR WOULD BE OPEN TO RECOMMENDATIONS FROM THE DELEGATION. SENATOR .JOHNSTON COMMENTED THAT A HOUSING AUTHORITY, EVEN THOUGH RESTRICTED, IS BETTER THAN NONE AT ALL, AND HE HAS GOTTEN THE IMPRESSION '.� THERE WILL BE NO AUTHORITY WITHOUT THE PROPOSED LIMITATIONS. SENATOR .JOHNSTON, THEREFORE, MOVED THE BILL AS AMENDED, SECONDED BY SENATOR CHILDERS. THE SECRETARY CALLED THE ROLL. SENATOR CHILDERS: AYE SENATOR .JOHNSTON: AYE REP. PATCHETT: AYE 12 Bom 39 FAcE 80 f' } A _q_ REPRESENTATIVE PATCHETT ANNOUNCED THAT THE LEGISLATIVE DELEGATION HAS MOVED TO INTRODUCE THE BILL AS AMENDED. HE STATED THAT THIS CONCLUDES THE DELEGATION'S PART OF THE MEETING. HE THANKED THOSE PRESENT FOR UNDERSTANDING THEIR TIME CONSTRAINT, AND THE DELEGATION DEPARTED. SINCE THE MATTER OF CREATING A HOUSING AUTHORITY WILL BE DIS- CUSSED AT A PROPERLY ADVERTISED PUBLIC HEARING, THE MEETING, THEREUPON, ADJOURNED AT 11:45 O'CLOCK A.M. • 13 i FEB 12 1979 I� le BOOK 39 PAGE ��