HomeMy WebLinkAbout3/21/1979t,
WEDNESDAY, MARCH 21, 1979
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER -COUNTY,
FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA,
ON WEDNESDAY, MARCH 21, 1979, AT 8:30 O'CLOCK A.M. PRESENT WERE
WILLIAM C. WODTKE, JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLARD W.
SIEBERT, .JR.; R. DON DEESON; AND PATRICK B. LYONS. ALSO PRESENT WERE
.JACK G. .JENNINGS, COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS, INTER-
GOVERNMENTAL COORDINATOR; GEORGE G. COLLINS, ,JR., ATTORNEY TO THE BOARD
OF COUNTY COMMISSIONERS; JEFFREY K. BARTON, FINANCE OFFICER; AND VIRGINIA
HARGREAVES, DEPUTY CLERK.
THE CHAIRMAN CALLED THE MEETING TO ORDER.
COMMISSIONER DEESON LED THE PLEDGE OF ALLEGIANCE TO THE FLAG,
AND REVEREND .JIM NEWSOME, MINISTER OF EDUCATION, FIRST BAPTIST CHURCH,
GAVE THE INVOCATION.
THE BOARD REVIEWED THE MINUTES OF THE JOINT MEETING HELD ON FEBRUARY 12,
1979 WITH THE INDIAN RIVER COUNTY LEGISLATIVE DELEGATION, AND COMMISSIONER Loy
NOTED THAT ON PAGE 11, LAST PARAGRAPH "'COUGHLIN" SHOULD BE CORRECTED TO
"COPELAND." COPY WILL BE SENT TO REPRESENTATIVE PATCHETT FOR THE
DELEGATIONS APPROVAL.
THE CHAIRMAN ASKED'IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF FEBRUARY 21, 1979.
CHAIRMAN WODTKE DISCUSSED PAGE 21, STH PARAGRAPH, AND IT WAS
DECIDED TO REWORD IT TO READ AS FOLLOWS: "DISCUSSION FOLLOWED ON WATER,
AND MAYOR NOLAN COMMENTED THAT WATER CAN BE OBTAINED FROM THE 18" WATER
LINE, AND AN EXISTING 12" LINE CAN BE USED FOR WASTE WATER, PROVIDED
THE CITY OF VERO BEACH APPROVES."
COMMISSIONER LOY REQUESTED THAT ON PAGE S, 3RD PARAGRAPH, THE
PHRASE "WHEN CONSTRUCTION IS COMPLETED," BE INSERTED AFTER "POLLING
PLACE." SHE FURTHER REQUESTED THAT ON PAGE 32, 3RD PARAGRAPH, "KESTLER"
BE CORRECTED TO READ "KESSLER."
THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER
DEESON, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE
MINUTES OF THE REGULAR MEETING OF FEBRUARY 21, 1979.
BOOK 39 PAGE 251
THE CHAIRMAN THEN ASKED IF THERE WERE ANY ADDITIONS OR
CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF MARCH 7, .1979.
CHAIRMAN WODTKE REQUESTED THAT ON PAGE 19, 2ND PARAGRAPH,
THE PHRASE "ARE NOT FULL TIME RESIDENTS AND" BE DELETED SO THE SECOND
SENTENCE WILL READ AS FOLLOWS: "HE STATED THAT THOSE WHO WISH TO HAVE
THEIR WATER TURNED ON AND OFF AT THEIR CONVENIENCE,....."
THIS CORRECTION HAVING BEEN MADE, ON MOTION MADE BY COMMIS-
SIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY
APPROVED THE MINUTES OF THE REGULAR MEETING OF MARCH 7, 1979.
THE BOARD NEXT DISCUSSED THE CLERK'S AGENDA, AND CHAIRMAN
WODTKE ASKED WHY THE FUNDS FOR THE INDEX BOOKS USED BY THE RECORDING.
DEPARTMENT WERE NOT INCLUDED IN THE CLERK'S BUDGET.
FINANCE OFFICER BARTON STATED THAT THEY HAD NOT REALIZED THEY
WERE USING THE BOOKS UP AS FAST AS THEY WERE.
CHAIRMAN WODTKE THEN REVIEWED THE BILL FROM SUN AVIATION SUB-
MITTED BY THE SHERIFF. HE EXPLAINED THAT IT HAD BEEN NECESSARY TO HIRE
A HELICOPTER TO RETRIEVE A CESSNA AIRPLANE THAT CRASHED IN THE SWAMPS
IN THE•FELLSMERE AREA. THIS AIRPLANE CAME UNDER THE SHERIFF'S CONTROL
AS A PIECE OF CONFISCATED EQUIPMENT AND WILL BE SOLD AT AUCTION, AT
WHICH TIME THE FUNDS PUT OUT+.TO PAY THIS BILL WILL BE REIMBURSED. HE
RECOMMENDED THAT THE BOARD PAY THIS BILL.
FINANCE OFFICER BARTON NOTED THAT THIS CAN BE PAID OUT OF THE
GENERAL FUND BECAUSE IT WILL BE REPLACED.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY APPROVED PAYMENT TO SUN AVIATION, INC., IN THE
AMOUNT OF $3,343.00 AS PER BILL SUBMITTED TO SHERIFF .JOYCE, THE FUNDS
TO BE TAKEN FROM THE GENERAL FUND.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT,
THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A -PERMIT TO CARRY
A CONCEALED FIREARM FOR PAT (PASQUALE) BOTTINO.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT,
THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR A PERMIT TO CARRY A
CONCEALED FIREARM FOR HAROLD A. WHITAKER.
8XK 39 PAGE 2L
MAR 2 11979
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT,
THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PROVIDE FUNDS FOR
INDEX BOOKS FOR THE RECORDING DEPARTMENT, AS FOLLOWS:
ACCOUNT TITLE ACCOUNT N0. INCREASE. DEGBEAaE.
EQUIPMENT 62-2320•-402.99 $4,500.00
RESERVE FOR CONTINGENCIES 62-9990-701.00 $4,500.00
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT,
THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAY ROLLS, CIRCUIT COURT,
FALL TERM, 1979, IN THE AMOUNT OF $195.44.
THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE
OFFICE OF THE CLERK:
REPORT OF INSPECTION OF STATE INSTITUTION, FEBRUARY 29, 1979
(INDIAN RIVER CORRECTIONAL INSTITUTION)
REPORT OF TRAFFIC VIOLATION BUREAU - SPECIAL TRUST FUND, FEB. 1979
TRAFFIC VIOLATION FINES BY NAME, FEBRUARY, 1979
DR. HENRY FISCHER AND DR. .JOHN ASHBY CAME BEFORE THE BOARD TO
DISCUSS THEIR PROPOSED SANS SEBASTIAN,'SPRINGS DEVELOPMENT AND FILLING
OF LAND IN THE SEBASTIAN RIVER FLOODPLAIN.
DR. FISCHER INFORMED THE BOARD THAT PURSUANT TO DISCUSSIONS
AT PREVIOUS MEETINGS, THEY"NOW HAVE COME UP WITH A DECLARATION OF
RESTRICTIONS ON THIS PROPERTY. HE REITERATED THAT THEY HAD AN ENVIRON-
MENTAL DESIGN GROUP MAKE THE PLAN FOR THE PROPERTY AND HAVE USED THEIR
MAXIMUM EFFORT TO PRESERVE EXISTING TERRA AND FAUNA; THEY HAVE CHECKED
WITH DR, KALE OF THE AUDUBON SOCIETY AND ALSO THE FISH AND GAME COMMIS-
SION; AND THEY DEFINITELY HAVE THE CONCEPT OF DEVELOPING THE PROPERTY
TO MAINTAIN THE RIVERFRONT, DR. FISCHER NOTED THAT THE BOARD'S REQUIRE-
MENT SEEMS TO BE A RESTRICTION AIMED AT PREVENTING DEVELOPMENT OF THE
RIVERFRONT.LAND. HE AGREED WITH THE BOARD'S DESIRE TO PRESERVE THE
� RIVERFRONT, BUT DID NOT BELIEVE THE BOARD REALIZED THAT THIS PROPERTY
IS ALREADY PROTECTED BY FOUR FEDERAL AGENCIES, WHOSE REGULATIONS HE
FELT ARE MORE THAN ADEQUATE FOR THIS PURPOSE. DR.. FISCHER STATED THAT
HE BELIEVED THE COUNTY HAS DEVELOPED THEIR PARK LAND IN DIRECT CONFLICT
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WITH REGULATIONS OF THE FEDERAL AGENCIES. HE FURTHER NOTED THAT THERE
ARE MANY APPLICATIONS IN FRONT OF THE CORPS OF ENGINEERS FOR FILLING
HUNDREDS OF ACRES IN THE COUNTY BELOW THE 5' LIMIT, SOME EVEN BELOW 2',
AND HE FELT IF THE BOARD IS GOING TO SET SUCH A LIMIT ALONG THE WHOLE
SEBASTIAN RIVER, IT SHOULD BE DONE IN THE WHOLE COUNTY. HE PRESENTED
THE BOARD WITH A COPY OF STATE LAWS AND A BOOKLET EXPLAINING FEDERAL
RESTRICTIONS.
COMMISSIONER LYONS EXPLAINED THAT THE BOARD'S INTENTION IS
MERELY TO TRY TO KEEP THE SEBASTIAN RIVER IN THE GOOD SHAPE IT IS IN -
NOW AND AGREED THAT POSSIBLY WE ARE NOT APPROACHING THIS IN THE RIGHT
WAY. HE FELT WHAT IS MAINLY DESIRED IS MORE OR LESS A WARNING FLAG TO
LET THE OWNER KNOW HE DOESN'T HAVE CARTE BLANCHE TO DO WHATEVER HE WANTS
WITH THE PROPERTY. COMMISSIONER LYONS FELT THE PROBLEM 'IS NOT S0 MUCH
WITH THE DEVELOPER, WHO UNDERSTANDS THE PROBLEM, AS WITH THE PERSON
WHO BUYS THE LOT FROM THE DEVELOPER, AND HE, THEREFORE, WANTED SOMETHING,
ON THE PLAT TO MAKE THEM AWARE OF THE PROBLEM. HE FELT A STATEMENT SUCH
AS "NO FILL IN THE AREA NORMALLY SUPPORTING WETLAND VEGETATION" MIGHT
BE SUFFICIENT.
DR. FISCHER INFORMED THE BOARD THAT AFTER HE SELLS THESE LOTS,
THE PROPERTY GOES INTO A PROPERTY OWNERS ,ASSOCIATION, WHICH HAS BY-LAWS
AND RESTRICTIONS THEY HAVE TO FOLLOW SO YOU WILL SEE NO HOMES BUILT
WITHIN THE 5' LIMITS ON ANY FILL THAT WOULD BE LIABLE TO GO INTO THE
' RIVER. THE FEDERAL AGENCIES CONTROL THE VEGETATION VERY ADEQUATELY.
MR. CATO, A LONG TIME DEVELOPER OF THE SEBASTIAN AREA, POINTED
OUT TO THE BOARD THAT FEDERAL AUTHORITIES CONTROL FAR BELOW THE 5'
LEVEL. HE STATED THAT THE DEPARTMENT OF INTERIOR FLIES OVER THE AREA,
PHOTOGRAPHS IT CONTINUALLY, AND SEES THAT PROPER RESTORATION IS MADE OF
ANY VIOLATION. HE DISCUSSED THE DEVELOPMENT NEXT TO THE FISCHER PROP-
ERTY, WHICH HE STATED IS BEAUTIFULLY CONTROLLED. MR. CATO NOTED THAT i
THE MEANDERING COURSE OF HIGH LANDS AND LOW LANDS THROUGH DR..FISCHER'S
• i
HOLDINGS IS SO IRREGULAR THAT IT REQUIRED A GREAT DEAL OF LEEWAY TO MAKE
PARCELS THAT ARE USABLE. HE STATED THAT IN THIS AREA, WHICH IS BEAUTIFUL
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AND WELL POLICED, THEY HAVE THE POTENTIAL FOR A DEVELOPMENT SIMILAR TO
JOHN'S ISLAND. MR. CATO AGREED THAT IT IS THE SECOND PARTY AFTER THE
DEVELOPER WHO IS MORE LIKELY TO CAUSE THE PROBLEM.
CHAIRMAN WODTKE ASKED IF HE WOULD SAY THE SEBASTIAN RIVER
SHOULD BE TREATED EXACTLY THE SAME AS THE INDIAN RIVER AND WHETHER HE
FELT THE TIDAL SITUATION IS THE SAME.
MR. CATO INFORMED THE BOARD THAT THEY HAVE STUDIED THE WIND -
TIDE AFFECT ON THE SEBASTIAN RIVER, THE WATER FROM DRAINAGE, ETC., AND
DO NOT FEEL IT SHOULD BE TREATED DIFFERENTLY. HE DISCUSSED HIS PROJECT
IN THIS AREA, NOTING THAT HE PUT IN CYPRESS BOARDWALK, AND THE SALES
BROCHURE REFERS TO IT AS "PRISTINE TROPICAL" LAND. HE STATED THAT THE
DEPARTMENT OF INTERIOR HAS EXPRESSED ADMIRATION OF THEIR CONTROL OF THE
PROJECT.
COMMISSIONER SIEBERT FELT IF THE DEVELOPERS OF SANS SEBASTIAN
SPRINGS WOULD AGREE TO PUT THE STATEMENT SUGGESTED BY COMMISSIONER
LYONS ANO FILL IN THE AREA SUPPORTING, OR NORMALLY SUPPORTING WETLAND
VEGETATION.), THAT WOULD BE SATISFACTORY.
COMMISSIONER LOY AGREED THAT COMMISSIONER LYONS HAS OUTLINED
OUR REAL CONCERN,
ATTORNEY COLLINS SOGGESTED THIS BE ON THE DEDICATION ITSELF
AND ON THE PLAT. HE POINTED OUT THAT WHEN THE BOARD GRANTED TENTATIVE
APPROVAL, IT WAS DONE WITH A CONDITION, AND FELT IF THE BOARD IS GOING
TO CHANGE THAT CONDITION, IT SHOULD BE DONE BY MOTION..
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY AGREED TO CHANGE THE REQUIREMENTS OF THE
TENTATIVE APPROVAL OF SANS SEBASTIAN SPRINGS TO DELETE THE REFERENCE
TO THE 5' CONTOUR AND TO REQUIRE INSTEAD THAT THE.FOLLOWING STATEMENT,
"THERE SHOULD BE NO FILL IN THE AREA SUPPORTING, OR NORMALLY SUPPORTING
WETLAND VEGETATION" BE INCLUDED BOTH IN THE DEDICATION TO BE FILED OF
RECORD AND ON THE PLAT ITSELF.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTIONS M0. 79-30 AND NO.
79-3I HONORING ASSISTANT PLANNING DIRECTOR ROBERT M. BERG AND PLANNING
AND ZONING DIRECTOR STAN REDICK FOR THEIR SERVICES TO THE COUNTY.
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BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNT'`', FLORIDA
RESOLUTION NO. 79-30
WHEREAS, on September 18, 1973, ROBERT M. BERG was hired as
Assistant Planning Director for Indian River County; and
WHEREAS, ROBERT M. BERG has diligently and faithfully per-
med his duties as such Assistant Planning Director from the date
was hired until his resignation in March of 1979; and
WHEREAS, ROBERT M. BERG devoted his time and abilities to t
0?7 make the County Planning Department an outstanding department; and
WHEREAS, ROBERT M. BERG worked on the preparation of set -back(
aps-pursuant to the Coastal Zone Management Program and also worked
with the late Valentyne E. Brennan on the Impact Zoning Atlas - An
Element of a Growth Management Program - this Atlas shows the
ntire County of Indian River in map and graphic form and will be
a great help to future County Planners; and <
1
WHEREAS, there are many other outstanding achievements
attributable to ROBERT M. BERG, a few of the many being:
r
Adoption of the Subdivision Ordinance No. 75-3;
Adoption of the Comprehensive Land Use Plan;
Adoption of the Landscape Ordinance;
Instrumental in the study and subsequent rezoning of the
Spoil Islands in Indian River»County;
Adoption of the Site Plan -Approval Ordii.ance; and
Adoption of the Mining and Excavation Ordinance; and
WHEREAS, ROBERT M. BERG, during his tenure as Assistant
)Planning Director has served both the citizens and the Board of
County Commissioners with zeal and great diligence;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COM-
kISSIONERS OF INDIAN RIVER COUNTY, that the Board on behalf of
5.tself and the citizens of Indian River County desires to thank
ROBERT M. BERG for his effective and dedicated service to Indian
River County in the capacity of Assistant Planning Director and
wishes him a successful and rewarding future in whatever area of
endeavor he may select to pursue.
Said Resolution shall become effective on the 21st day of
March
1'c� ��'�' da ��. 01 1979.
Chairman,County Commi inners
ME
_ �,� � rte..
.�:�-
�•..-�
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNT'`', FLORIDA
RESOLUTION NO. 79-30
WHEREAS, on September 18, 1973, ROBERT M. BERG was hired as
Assistant Planning Director for Indian River County; and
WHEREAS, ROBERT M. BERG has diligently and faithfully per-
med his duties as such Assistant Planning Director from the date
was hired until his resignation in March of 1979; and
WHEREAS, ROBERT M. BERG devoted his time and abilities to t
0?7 make the County Planning Department an outstanding department; and
WHEREAS, ROBERT M. BERG worked on the preparation of set -back(
aps-pursuant to the Coastal Zone Management Program and also worked
with the late Valentyne E. Brennan on the Impact Zoning Atlas - An
Element of a Growth Management Program - this Atlas shows the
ntire County of Indian River in map and graphic form and will be
a great help to future County Planners; and <
1
WHEREAS, there are many other outstanding achievements
attributable to ROBERT M. BERG, a few of the many being:
r
Adoption of the Subdivision Ordinance No. 75-3;
Adoption of the Comprehensive Land Use Plan;
Adoption of the Landscape Ordinance;
Instrumental in the study and subsequent rezoning of the
Spoil Islands in Indian River»County;
Adoption of the Site Plan -Approval Ordii.ance; and
Adoption of the Mining and Excavation Ordinance; and
WHEREAS, ROBERT M. BERG, during his tenure as Assistant
)Planning Director has served both the citizens and the Board of
County Commissioners with zeal and great diligence;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY COM-
kISSIONERS OF INDIAN RIVER COUNTY, that the Board on behalf of
5.tself and the citizens of Indian River County desires to thank
ROBERT M. BERG for his effective and dedicated service to Indian
River County in the capacity of Assistant Planning Director and
wishes him a successful and rewarding future in whatever area of
endeavor he may select to pursue.
Said Resolution shall become effective on the 21st day of
March
1'c� ��'�' da ��. 01 1979.
Chairman,County Commi inners
ME
fy
•
s
•
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
•
RESOLUTION NO.
WHEREAS, on June 26, 1978, STAN REDICK was hired as the
ian River County Planning and Zoning Director; and
WHEREAS, STAN REDICK has faithfully performed his duties as
the Indian River County Planning and Zoning Director from the date
he first assumed such duties until his resignation on March 25,
1979; and
WHEREAS, STAN REDICK was instrumental in obtaining Grant
Funds from H.U.D. for the 701 Comprehensive Planning Assistance
rogram and obtaining Grant Funds from the D.E.R. for a Management
Plan for the Spoil Islands in Indian River County; and
WHEREAS, there are many other notable achievements attributa;
to STAN REDICK, a few of the many are:
Coordinating and working on the Community Development Block
Grant Application;
Rezoning of State Roads 510 and 512;
Re?oning of Oslo Road; and
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Adoption of the Flood Protection Ordinance; and
WHEREAS, STAN REDICK devoted many long .and ardous hours to
fulfill his commitment to the citizens of Indian River County as
Indian River County Planning and Zoning Director;
i WHEREAS, STAN REDICK, through his position as Indian River
County Planning and Zoning Director, has made Indian River County
h better place in which to live;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM-
ISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board on
behalf 'of itself and the citizens of Indian River County, expresses
its deep appreciation to STAN REDICK for a job well done and
fishes STAN REDICK every success in his future endeavors.
Said Resolution shall become effective on the 21st day of
> March , 1979.
TE
.od
-J` Chairman,County Commi.d loners
` cM w257
MAR 2 1 1972
I
a CURTIS MUSGROVE, JR., APPEARED BEFORE THE BOARD REPRESENTING
GROUP IV AVIATION AND REQUESTING A CERTIFICATE OF PUBLIC CONVENIENCE
AND AECESSITY TO FURNISH EMERGENCY AIR AMBULANCE. SERVICE IN THE COUNTY.
HE NOTED THAT THEY ARE NOT STATING THAT THE CURRENT AIR AMBULANCE IS NOT
OF A FIRST CLASS NATURE, BECAUSE IT IS. THEY FEEL, HOWEVER, THAT THERE
IS A DEFINITE NEED IN THE COUNTY FOR ADDITIONAL AIR AMBULANCE SERVICE
TO SUPPLEMENT THE SERVICE CURRENTLY OFFERED BY MR. ODOM. MR. MUSGROVE
CONTINUED THAT THE AMBULANCE INDUSTRY IS VERY STRICTLY REGULATED BY FA
AND THEY REQUIRE SPECIFIC MAINTENANCE AND SPECIFIC EQUIPMENT. WHEN
MAINTENANCE IS REQUIRED, THAT AIRCRAFT MUST BE TAKEN OUT OF SERVICE, AND
WHEN THAT HAPPENS , GROUP IV AVIATION WOULD BE THERE TO FILL THE NEED.
MR. MUSGROVE FURTHER NOTED THAT MOST AIR AMBULANCE CALLS ARE FOR LONG
TRIPS AND WHEN MAKING ANY CHARTER TRIP, YOU ARE SUBJECT TO PROBLEMS
AT THE OTHER END OF THE LINE — MECHANICAL OR WEATHER. MR. MUSGROVE
STATED THAT THEIR AIRCRAFT COMPLY WITH THE STATE REQUIREMENTS AND THAT
THEY HAVE TWO MULTI—ENGINE AIRCRAFT AND ONE SINGLE ENGINE. UNE IS
PRESSURIZED SIMILAR TO THE ONE OFFERED.BY ODOM, AND THE PILOTS ARE
CERTIFICATED.
CHAIRMAN WODTKE ASKED HOW LONG GROUP IV HAS BEEN IN BUSINESS
IN INDIAN RIVER COUNTY, AND.MR. MUSGROVE STATED ABOUT SEVEN MONTHS.
CHAIRMAN WODTKE NOTED THAT MR, MUSGROVE DOES NOT HAVE ANY
STATISTICAL INFORMATION TO BACK UP THE NEED AND ASKED IF HE DID NOT FEEL
' THE PRESENT CARRIER IS MEETING THE DEMAND.
MR. MUSGROVE REPLIED THAT HE DID NOT HAVE THE ACTUAL STATISTICS
TO BACK UP THEIR REQUEST. HE JUST BELIEVED THAT AN EMERGENCY COULD
ARISE WHILE THE PRESENT EQUIPMENT IS OUT ON A TRIP.
COMMISSIONER LOY FELT THE BOARD SHOULD.BE SUPPLIED WITH SOME— I
THING TO DEMONSTRATE THE NEED OTHER THAN JUST MR. MUSGROVE's PERSONAL
THOUGHTS ON THE SUBJECT. j
MR. MUSGROVE REITERATED THAT HE COULD NOT DO THIS STATISTICALLY,
BUT CITED THE POSSIBILITY OF SEVERAL PEOPLE BEING INVOLVED IN A BURN
ACCIDENT WHICH HE FELT COULD PUT THE COUNTY IN A STATE OF JEOPARDY WITH
THE EQUIPMENT NOW AVAILABLE.
C�
MAR 211979
COMMISSIONER LYONS ASKED MR. ODOM WHAT EQUIPMENT HE HAS
AVAILABLE.
MR. ODOM STATED THAT THEY HAVE ONE PRESSURIZED AIRCRAFT AND
TWO ADDITIONAL AIRCRAFT AVAILABLE. HE INFORMED THE BOARD THAT THEY MADE
21 TRIPS LAST YEAR AND DO NOT FEEL THIS AMOUNT JUSTIFIES THE NEED FOR
AN ADDITIONAL AIR AMBULANCE SERVICE. MR. ODOM NOTED THAT SINCE THE NEW
HOSPITAL HAS BEEN COMPLETED, SERVICES ARE AVAILABLE THAT WE DID NOT
HAVE BEFORE, AND BURN VICTIMS USUALLY ARE TRANSFERRED BY THE SHRINERS
WHO OBTAIN DONATED AIRCRAFT. HE FURTHER NOTED THAT IF AN EMERGENCY
ARISES, THE HOSPITAL HERE TAKES CARE OF IT UNTIL THEY GET THE PATIENT
STABLE ENOUGH TO MOVE,
COMMISSIONER LYONS COMMENTED THAT A LOT OF THE AIR AMBULANCE
TRIPS ARE SIMPLY TO GET PEOPLE BACK TO THEIR HOME TERRITORY.
COMMISSIONER DEESON ASKED HOW MANY OF THE 21 TRIPS WOULD BE
CONSIDERED EMERGENCY SITUATIONS OR COULD BE DELAYED.
MR. ODOM STATED THAT ALL OF THEM WERE DELAYED UNTIL THE PATIENT
WAS STABLE ENOUGH TO BE MOVED. 1p
THE QUESTION AROSE AS TO WHERE THERE IS ANOTHER AIR AMBULANCE
SERVICE AVAILABLE, AND IT WAS FELT FORT LAUDERDALE IS PROBABLY THE
CLOSEST LOCATION.
MR, MUSGROVE STATED THAT THEIR THOUGHT WAS THAT THEIR SERVICE
WOULD BE AN ADDITIONAL SAFETY FACTOR FOR COUNTY RESIDENTS.
COMMISSIONER Loy NOTED THAT WE ARE FORTUNATE TO HAVE PIPER
AIRCRAFT IN THE COUNTY AND BELIEVED IF WE HAD A DIRE EMERGENCY, THEY
WOULD ASSIST. SHE FELT BASED ON INFORMATION PRESENTED, A NEED FOR
ADDITIONAL SERVICE HAS NOT BEEN SHOWN AT THIS TIME.
CHAIRMAN WODTKE EXPRESSED CONCERN THAT WITH ONLY 21 FLIGHTS
IN A YEAR, IF YOU HAD TWO COMPETITORS IT MIGHT PROVE ECONOMICALLY UN-
FEASIBLE, AND WE MIGHT END UP WITH NO ONE. HE NOTED THAT THE LIST OF
FLIGHTS SUPPLIED SHOWED ONLY ONE DAY WHERE TWO FLIGHTS WERE MADE, AND
HE DID NOT SEE WHERE THERE IS A SPECIFIC NEED FOR AN ADDITIONAL CARRIER.
COMMISSIONER LYONS COMMENTED THAT THE VOLUNTEER -AMBULANCE
SQUAD HAS NOT HAD AS MANY TRANSFERS SINCE MANY MORE DISCIPLINES HAVE
BECOME AVAILABLE AT THE NEW HOSPITAL, AND HE DOES NOT FEEL THE EMERGENCY
ASPECT IS THE SAME AS IT WAS TWO YEARS AGO.
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MAR 2 11979
I
MR. MUSGROVE REQUESTED THAT HIS REQUEST BE TABLED AND LOOKED
AT AGAIN IN A YEAR, AND THE BOARD AGREED.
INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT
WE HAVE ON HAND UNDER THE FLORIDA BOATING IMPROVEMENT PROGRAM $25,000
SURPLUS FUNDS, AND WE NEED SOME PROJECTS. HE NOTED THAT THE USE OF
THESE MONIES IS VERY RESTRICTED AS IT MUST RELATE DIRECTLY TO BOATING
ACTIVITIES, SUCH AS BOAT RAMPS, DAY MARKERS, ETC. IT CAN BE USED FOR
PARKING ACQUISITION AT BOAT RAMPS. HE EXPLAINED THE REASON FOR THE
SURPLUS IS BECAUSE THE TWO DOCKS WE APPLIED FOR, ONE ON EACH SIDE OF
THE RIVER AT WINTER BEACH ROAD, WERE TURNED DOWN BECAUSE IT WAS FELT
THESE WOULD BE FOR FISHING AND NOT BOATING. MR. THOMAS SUGGESTED LO—
CATING A BOAT RAMP SOMEWHERE BETWEEN GIFFORD AND WABASSO OR IN THAT
GENERAL AREA OR ANY OTHER AREA WHERE THE COMMISSIONERS OR PUBLIC MIGHT
FEEL WE NEED ONE. HE NOTED THAT WE HAVE THE ALTERNATIVE OF CONTINUING
TO BUILD UP THESE FUNDS IF THE COUNTY WOULD LIKE TO GO INTO THE MARINA
BUSINESS OR SOMETHING ON A LARGER SCALE,
CHAIRMAN WODTKE SUGGESTED LOCATING A RAMP IN SOUTH COUNTY
NEAR ROUND ISLAND, BUT COORDINATOR THOMAS NOTED THAT WE DO NOT HAVE A
LARGE AMOUNT OF POPULATION IN THIS AREA .YET, AND HE FELT IT WOULD BE
USED MAINLY BY ST. LUCIE COUNTY RESIDENTS.
CHAIRMAN WODTKE INQUIRED ABOUT THE DAY MARKERS FOR THE OSLO
RAMP.
•
COORDINATOR THOMAS STATED THAT THESE HAVE BEEN PUT OUT FOR
BID TWICE AND NOBODY WILL BID ON THEM BECAUSE OF THE ROCK. HE EXPLAINED
THAT BEFORE THE DER WOULD GIVE APPROVAL FOR THE OSLO RAMP, THEY REQUIRED
THAT WE ROUTE AROUND GRASS BEDS, WHICH LED INTO A BAD SITUATION WITH
ROCK. ONLY 12 MARKERS ARE REQUIRED, BUT FIRMS DO NOT FEEL THEY CAN BID
REALISTICALLY BECAUSE THEY CANNOT BE SURE WHAT THEY WILL ENCOUNTER WHEN
TRYING TO SET THE PILINGS.
COMMISSIONER LYONS NOTED THAT ALL BUT ONE OF THE CHANNEL
MARKERS OFF OF VERO ISLES HAVE BEEN KNOCKED OUT, AND THEY ARE NEEDED TO
LEAD OUT TO THE MAIN CHANNEL.
INTERGOVERNMENTAL COORDINATOR THOMAS COMMENTED THAT WE HAVE
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NEVER SPENT ANY OF THESE BOATING FUNDS IN THE CITY.
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COMMISSIONER LOY BROUGHT UP THE SPOIL ISLAND ACQUISITION, AND
IT WAS THOUGHT WE MIGHT GET NEWS ABOUT THE GRANT FOR THIS PURPOSE WITHIN
THE WEEK.
CHAIRMAN rIODTKE NOTED THAT IF WE WERE TO UTILIZE THESE ISLANDS,
WE COULD HAVE A BOAT RAMP THERE, AND MR. THOMAS AGREED.
COMMISSIONER SIEBERT FELT THAT OTHER THAN THE PROJECT SUGGESTED
BY COMMISSIONER LYONS — REPLACING THE MARKERS OFF OF VERO ISLES — WE
SHOULD HOLD ON TO THE REST OF THE MONEY.
THE BOARD AGREED.
INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT
THE COUNTY OWNS LOT 23, GLEN ACRES SUBDIVISION. HE NOTED THAT THIS IS
A NICE LOT LOCATED BETWEEN TWO HOUSES; IT IS APPRAISED AT $5,000; AND
THE COUNTY HAS NO NEED FOR IT.
ON MOTION BY -COMMISSIONER LOY, SECONDED BY COMMISSIONER DEESON,
THE BOARD UNANIMOUSLY AUTHORIZED THE INTERGOVERNMENTAL COORDINATOR T0,
ADVERTISE FOR BIDS ON LOT 23, GLEN ACRES SUBDIVISION, OWNED BY THE
COUNTY.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON,
THE BOARD UNANIMOUSLY APPROVED OUT—OF—COUNTY TRAVEL FOR INTERGOVERNMENTAL
COORDINATOR THOMAS TO ATTEND THE BEACH SEMINAR '79 SPONSORED BY THE
FLORIDA SHORE & BEACH PRESERVATION ASSOCIATION TO BE HELD APRIL 5-6,
1979, AT GAINESVILLE.
ADMINISTRATOR .JENNINGS DISCUSSED MODIFICATION OF AN AGREEMENT
BETWEEN THE COUNTY AND FLORIDA EAST COAST RAILWAY IN REGARD TO THE
CROSSING AT HOBART ROAD. HE EXPLAINED THAT THE OLD CROSSING IS A 50'
RIGHT—OF—WAY, BUT IN CONSTRUCTION OF THE NEW ROAD UNDER THE OFF SYSTEMS
PROGRAM, WHICH IS TO BE DONE UNDER FEDERAL AND STATE MONEY, A 100' RIGHT—
OF—WAY IS REQUIRED. THE NEW HOBART ROAD DESIGN IS NOT ON THE CENTER LINE
OF THE OLD CROSSING SO THE OLD CROSSING HAS TO BE REVISED. THE ADMIN—
ISTRATOR NOTED THAT WE ARE TRYING TO GET THIS PROJECT IN UNDER A DEADLINE,
AND MR. DUBOIS OF THE DOT IS COMING UP HERE TODAY WITH A RESOLUTION AND
THE NECESSARY DOCUMENTS. ADMINISTRATOR .JENNINGS STATED THAT IT IS
URGENT TO GET THESE PAPERS TO TALLAHASSEE AS QUICKLY AS POSSIBLE AND
11
9 fAv2 i
REQUESTED THIS BE APPROVED NOW SO THAT THE ATTORNEY CAN REVIEW THE
DOCUMENTS WHEN MR. DUBOIS ARRIVES AND THEY CAN BE SIGNED.
COMMISSIONER SIEBERT VOICED THE HOPE THAT THIS CROSSING WILL
NOT BE TORN UP IN THE MIDDLE OF THE CITRUS SEASON, WHEN ALL THE FRUIT
IS BEING SHIPPED.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS,
THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 79-32 IN REGARD TO MODIFYING
THE AGREEMENT WITH FEC ABOUT THE CROSSING AT-HOBART ROAD AND AUTHORIZED
THE CHAIRMAN TO SIGN THE NECESSARY AGREEMENTS.
SAID DOCUMENTS WILL BE MADE A PART OF THE MINUTES WHEN RECEIVED.
S. P. MUSICK OF MUSICK-FOWLER LAND SURVEYING CAME BEFORE THE
BOARD IN REGARD TO FINAL APPROVAL OF CITRUS HIDEWAY SUBDIVISION ON
BEHALF OF HIS CLIENT, KEITH MARTIN. HE STATED THAT ALL THE WORK HAS
BEEN DONE AS CALLED FOR.ON'THE PLANS; IT IS WELL DRAINED WITH SUBSTANTIAL
DITCHES; AND THEY ARE REQUESTING FINAL APPROVAL.
MR. MUSICK THEN DISCUSSED WITH THE BOARD THE MECHANICS OF
GETTING PLATS ON RECORD, AND POINTED OUT THAT IT REQUIRES THE SIGNATURE
OF THE BOARD MEMBERS, THE CLERKS SIGNATURE AND THE ADMINISTRATOR'S
SIGNATURE. HE EXPRESSED THE HOPE THAT THE BOARD WOULD CONSIDER SIGNING
THE PLAT AT THE TIME FINAL APPROVAL IS GIVEN, WHICH WOULD EXPEDITE
MATTERS,
CHAIRMAN WODTKE DID NOT SEE ANY PROBLEM WITH THIS AS LONG AS
EVERYTHING IS ON THE PLAT THAT IS NEEDED, AND ADMINISTRATOR .JENNINGS
AGREED THIS -WOULD FACILITATE THINGS AS LONG AS THERE ARE NO ADDITIONS
OR CHANGES TO BE MADE IN THE ORIGINAL.
COMMISSIONER SIEBERT ASKED IF THIS SUBDIVISION HAS BEEN IN-
SPECTED,AND THE ADMINISTRATOR STATED THAT HE INSPECTED IT ON MARCH 14TH
AND FOUND IT TO BE IN VERY GOOD CONDITION.
DISCUSSION ENSUED ON POSSIBLE DIVISION OF THE'PLATTED LOTS,
AND IT WAS NOTED THAT THESE LOTS ARE NOT WIDE ENOUGH TO BE DIVIDED.
COMMISSIONER SIEBERT ASKED ABOUT DEED RESTRICTIONS BECAUSE
THIS SUBDIVISION IS SET IN AN AGRICULTURAL AREA AND THERE WILL BE AERIAL
SPRAYING, .ETC. ATTORNEY COLLINS POINTED OUT THAT TENTATIVE APPROVAL
12
IVA
A
1
WAS GRANTED SUBJECT TO A NOTE RE DEED RESTRICTIONS BEING INCLUDED ON
THE FINAL PLAT, STATING THAT THIS SUBDIVISION IS LOCATED IN THE MIDDLE
OF A CITRUS AREA AND COULD ANTICIPATE ACTIVITIES RELATED TO THE CITRUS
BUSINESS.
MR. MUSICK ASKED HOW THIS SHOULD BE WORDED, AND ATTORNEY
COLLINS FELT POSSIBLY ATTORNEY O'HAIRE HAD PREPARED SOME DEED RESTRIC-
TIONS.
ADMINISTRATOR JENNINGS SUGGESTED THAT A NOTE COULD BE PUT ON
THE PLAT STATING THAT IT IS SUBJECT TO -DEED RESTRICTIONS FILED AT
BOOK N0. PAGE NO. , AND THEN THE DEED RESTRICTIONS COULD BE
EXAMINED BY THE ATTORNEY TO SEE IF THEY INCLUDE AERIAL SPRAYING.
IT WAS GENERALLY AGREED THIS COULD BE DONE, BUT THE CHAIRMAN
NOTED THAT IN THIS CASE, THE BOARD COULD NOT SIGN NOW. THE ADMINISTRATOR
STATED THAT IF THE BOARD WOULD GO AHEAD AND SIGN IT, HE WOULD NOT SIGN
IT UNTIL HE HAS SEEN THE DEED RESTRICTIONS.
ON LOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY GRANTED FINAI: APPROVAL TO CITRUS HIDEWAY
SUBDIVISION SUBJECT TO REFERENCE EITHER BY DEED RESTRICTION OR STATEMENT
ON THE PLAT THAT AGRICULTURAL ACTIVITIES CONDUCTED ON THE SURROUNDING
PROPERTIES MAY HAVE SOME AFFECT.
,DANA HOWARD OF CARTER ASSOCIATES APPEARED REPRESENTING RALPH
DELTUFO IN REQUESTING TENTATIVE APPROVAL OF CAMELOT SUBDIVISION.
ASSISTANT PLANNER BOB BERG INFORMED THE BOARD THAT THIS SUB-
DIVISION IS LOCATED NORTH OF KELLEY ROAD (13TH ST., S.W.), EAST OF
LATERAL J CANAL, AND WEST OF DIXIE HEIGHTS SUBDIVISION. AT THE SUBDI-
VISION REVIEW COMMITTEE MEETING IT WAS NOTED THAT A PORTION OF KELLEY
ROAD WAS NOT DEDICATED, AND THEY DISCUSSED THE POSSIBILITY OF BUILDING A
BRIDGE ACROSS LATERAL J CANAL AT SOME FUTURE DATE, WHEN THERE IS A NEED.
MR. BERG CONTINUED THAT A SET OF PLANS WAS RECEIVED THIS MORNING, WHICH
AMENDED THE PLAN TO SHOW A 30' RIGHT-OF-WAY ON THE SOUTH SIDE OF THE
PROPERTY IN QUESTION. THIS DOES NOT NECESSARILY LINE UP WITH KELLEY
ROAD ON THE WEST SIDE OF THE CANAL, AND ADDITIONAL RIGHT -QF -WAY MIGHT
BE NECESSARY IN THE FUTURE.
11, 1(. Li
1
13
m
CHAIRMAN WODTKE INQUIRED ABOUT TRACT A, AND MR. BERG STATED
THAT THERE IS A RELATIVELY NEW BARN THERE,AND THE OWNER DOES NOT FEEL
HE SHOULD BE MADE TO TEAR IT DOWN. MR, BERG NOTED THAT THE SUBDIVISION
tREVIEW COMMITTEE APPROVED THE PRELIMINARY PLAT OF CAMELOT SUBDIVISION
SUBJECT TO CLARIFICATION OF THE RIGHT-OF-WAY.
MR. HOWARD STATED THAT KELLEY ROAD LIES SOUTH OF THE QUARTER
SECTION LINE AND THERE IS NOTHING TO THE WEST. HE COMMENTED THAT THERE
IS AN EXISTING DIRT ROAD, WHICH IS NOT MAINTAINED OR DEDICATED,,ABOVE
THE 60' RIGHT-OF-WAY, BUT THERE IS NOTHING ABOVE THE LINE EXTENDING.
WEST. HE AGREED THAT AT SOME FUTURE TIME THE COUNTY WOULD WANT TO
ACQUIRE MORE RIGHT-OF-WAY TO MATCH UP, BUT HE DID NOT KNOW WHEN THIS
WOULD COME ABOUT.
ADMINISTRATOR .JENNINGS STATED THAT WHEN MR, HOWARD CAME BEFORE
THE SUBDIVISION REVIEW COMMITTEE, THE PLAN THAT WAS SUBMITTED HAD A 15'
DRAINAGE EASEMENT ALONG THE SOUTH PART OF THIS PROPERTY SO THE DISCUSSION
CAME UP ABOUT KELLEY ROAD. THE ADMINISTRATOR CONTINUED THAT SINCE THAT
TIME THEY HAVE -DONE SOME STUDYING, ANI} THERE IS A PROBLEM THAT HE FEELS
SHOULD BE BROUGHT TO THE ATTENTION OF THE BOARD. HE PRESENTED AN AERIAL
OF THE PROPERTY UNDER DISCUSSION AND EXPLAINED THAT THE DRAINAGE DISTRICT
HAS SET UP A 60' RIGHT-OF-WAY,- 30' FOR ROAD AND 30' FOR DRAINAGE
PURPOSES. THROUGH THE -YEARS AS SUBDIVISIONS WENT ON RECORD IN HERE, AN
ADDITIONAL 35' ON THEIR SOUTH LINES WAS SET ASIDE FOR ROAD PURPOSES.
THE ADMINISTRATOR NOTED THAT KELLEY ROAD LIES ONE MILE SOUTH OF OSLO
ROAD, AND IT IS MAINTAINED BY THE COUNTY WITHIN THE AREAS OF THE SUBDI-
VISIONS. PEOPLE, BY USAGE, HAVE CONTINUED IT ON THROUGH, AND HE BELIEVED
IT WILL EVENTUALLY BE A THROUGH ARTERY. ADMINISTRATOR JENNINGS EXPLAINED
HOW THE CANAL IS LOCATED IN RELATION TO THE RIGH.T-OF-WAY AND STATED
THAT ALIGNMENT OF RIGHT-OF-WAY IS THE PROBLEM BECAUSE SOMEDAY THERE WILL
HAVE TO BE A BRIDGE OVER THE CANAL. HE NOTED THAT THEY DID TALK ABOUT
60' COMING ACROSS MR, DELTUFO'S PROPERTY TO TIE IN BUT FELT IT MIGHT BE
UNFAIR TO TAKE THAT 60' FROM ONE PROPERTY OWNER. THE ADMINISTRATOR
EMPHASIZED THAT THE PROBLEM OF RIGHT-OF-WAY FOR A FUTURE BRIDGE MUST
BE CONSIDERED.
14
DISCUSSION FOLLOWED ON THE TRACT A WHERE THE OWNER LIVES AND
THE EXISTING BARN, COMMISSIONER LYONS ASKED IF THE PROPOSED RIGHT-OF-
WAY WOULD GO THROUGH THE BARN, AND MR. HOWARD STATED THAT IT WOULD,
THE BOARD CONTINUED TO DISCUSS THE ALIGNMENT OF RIGHT-OF-WAY
FOR A BRIDGE OVER THE CANAL, AND COMMISSIONER LOY NOTED THAT THE DRAWINGS
PRESENTED BY MR. HOWARD WERE JUST BROUGHT TO THE MEETING TODAY AND, IN
LINE WITH OUR SET PROCEDURE, SHOULD HAVE BEEN PRESENTED EARLIER SO THE
BOARD COULD HAVE A CHANCE TO STUDY THEM.
ADMINISTRATOR JENNINGS NOTED THAT MR. HOWARD RECEIVED THE
INFORMATION HIMSELF JUST RECENTLY AND REITERATED THAT WE NEED TO GET
RIGHT-OF-WAY DESIGNED IN ORDER TO BUILD A BRIDGE IN.THE FUTURE. HE
FELT IF 35' WERE SET ASIDE, IT WOULD SOLVE THE PROBLEM, BUT COMMISSIONER
SIEBERT NOTED WE WOULD BE ASKING THE MAN TO GIVE HIS BARN, TOO.
MR, HOWARD STATED THAT THEY COULD MAKE ARRANGEMENTS TO ALLOW
AN EASEMENT TO GO ON OVER TO THE CANAL THROUGH THE BARN, IF IT WERE
UNDERSTOOD THE BARN WILL REMAIN THERE UNTIL THE ROAD IS BUILT. THE
BOARD DID NOT FEEL THAT WOULD BE A PROBLEM.
ADMINISTRATOR JENNINGS POINTED OUT THAT WE HAVE NO ACTUAL
DESIGN AT THIS TIME AND NEED TO HAVE MORE STUDY TO DETERMINE WHERE THE
RIGHT-OF-WAY WILL COME FROM,.
DISCUSSION FOLLOWED ON THE NUMBER OF PROPERTY OWNERS INVOLVED.
COMMISSIONER LOY FELT THE FIRST STEP WOULD BE FOR THE COUNTY AND THE
DRAINAGE DISTRICT TO GET TOGETHER AND DECIDE WHAT CAN BE DONE TO EXPEDITE
A FUTURE BRIDGE AT THIS LOCATION.
MR. HOWARD NOTED THAT HIS CLIENT IS EAST OF THE BRIDGE, AND
HIS ONLY PROBLEM IS HOW MUCH RIGHT-OF-WAY HE WILL HAVE TO LEAVE. HE
REPEATED THAT THEY WOULD GIVE A 35' EASEMENT BUT LEAVE THE BARN UNTIL
THE ROAD IS BUILT.
COMMISSIONER LYONS FELT NO MATTER WHAT WE DO, WE WON'T CHANGE
THAT SITUATION VERY MUCH AND HE DID NOT FEEL WE COULD ASK FOR MORE FROM
THAT PROPERTY OWNER AS LONG AS HE IS WILLING TO GO THROUGH TRACT A TO'
THE CANAL.
15
MAR 2 11979
.y ti
771
K
ADMINISTRATOR JENNINGS POINTED OUT THAT IF THE BOARD WANTS
TO ACCEPT THE 35' EASEMENT, WE WILL HAVE TO WORK WITH THIS FIGURE IN
THE FUTURE. HIS PERSONAL FEELING WAS THAT BEFORE ANYTHING IS GRANTED,
WE SHOULD KNOW WHERE WE ARE GOING AND WHAT WE ARE GOING TO D0.
CHAIRMAN WODTKE ASKED ABOUT THE URGENCY OF MR. HOWARD'S CLIENT.
HE FELT POSSIBLY WE COULD GRANT TENTATIVE APPROVAL SUBJECT TO STUDY OF
REALIGNMENT.
ADMINISTRATOR .JENNINGS DID NOT WANT THE BOARD TO FEEL THEY
ARE HOLDING UP THIS DEVELOPMENT. HE NOTED THAT MR. HOWARD BROUGHT IN
A PLAT THAT DIDNIT SHOW ANY RIGHT-OF-WAY, AND HE FELT SOME PLANNING
SHOULD HAVE BEEN DONE BEFORE THIS EVER ARRIVED AT THIS BOARD,
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy,
COMMISSIONER SIEBERT VOTED IN OPPOSITION, THE BOARD AGREED THAT CONSID-
ERATION OF TENTATIVE APPROVAL OF CAMELOT SUBDIVISION BE DEFERRED UNTIL
SUCH TIME AS THE ADMINISTRATOR HAS A RECOMMENDATION FOR PLACEMENT OF
A BRIDGE ACROSS LATERAL "J" CANAL, AND AUTHORIZED THE ADMINISTRATOR TO
DISCUSS A SOLUTION WITH INDIAN RIVER FARMS WATER MANAGEMENT DISTRICT
AND REPORT BACK AT THE MEETING OF APRIL 18, 1979,
ASSISTANT PLANNER BERG REPORTED THAT ROLAND MILLER, OWNER OF
ROMAR SUBDIVISION, HAS REQU&STED TO BE WITHDRAWN FROM TODAY IS AGENDA.
ASSISTANT PLANNER BERG NEXT DISCUSSED FOREST PARK SUBDIVISION
UNIT Z, LOCATED JUST TO THE SOUTH OF VISTA ROYALE. THE EXISTING UNIT 1
IS TO THE WEST OF THE PROPOSED UNIT Z, AND BOTH ARE LOCATED EAST OF
U. S. HIGHWAY 1. HE STATED THAT THIS WAS RECOMMENDED FOR APPROVAL BY
THE PLANNING AND ZONING COMMISSION, AND HE DID NOT RECALL ANY PROBLEMS.
COMMISSIONER DEESON FELT THERE HAD BEEN A QUESTION ABOUT
ADEQUATE SURFACE DRAINAGE, AND MR. BERG STATED THAT THE SUBDIVISION
ORDINANCE REQUIRES JUST A GENERAL PLAN OF DRAINAGE, THE FINAL TO BE
SHOWN ON THE FINAL PLAT.
COMMISSIONER LYONS ASKED ABOUT THE MOSQUITO IMPOUNDMENT AREA,
AND MR. BERG STATED THAT THIS IS LOCATED EAST OF THE PROPOSED UNIT
NEARER TO THE RIVER. HE FELT THE DEVELOPER HAS AGREED WITH DER THAT
THEY WILL NOT GO INTO THE WETLANDS.
16
F NO ONE WAS PRESENT REPRESENTING VISTA PROPERTIES.
ADMINISTRATOR JENNINGS STATED THAT THIS UNIT IS PART OF THE
PLAN OF THE OVERALL DEVELOPMENT, AND THAT VISTA PROPERTIES HAS A VERY
GOOD TRACK RECORD IN THEIR PREVIOUS DEVELOPMENT.
ON PMOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON,
THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF FOREST PARK SUBDIVI-
SION, UNIT #2.
ASSISTANT PLANNER BERG NEXT DISCUSSED TENTATIVE APPROVAL
REQUESTED FOR BENT PINES SUBDIVISION, UNIT 1, AND STATED THAT THEY HAVE
ALREADY RECEIVED SITE PLAN -APPROVAL FOR THEIR GOLF COURSE, AND HE
BELIEVED IT IS UNDER CONSTRUCTION. THE TWO PROPOSED BLOCKS ARE PORTIONS
OF THE SUBDIVISION WHICH WILL BORDER THE AREA NEAR THE TEMPORARY CLUB-
HOUSE.
JAMES BEINDORF, ENGINEER, INFORMED THE BOARD THAT THEY DID
APPEAR BEFORE THE SUBDIVISION REVIEW COMMITTEE, AND THIS CONFORMS WITH
THE TENTATIVE OVERALL PLAN HIS'CLIENT HAS PROPOSED, I.E. SINGLE FAMILY
NEAR THE CLUBHOUSE AND SOME MULTIPLE FAMILY IN THE FUTURE, CONFORMING
WITH THE ZONING. HE STATED THAT THE LAKE'S DRAINAGE AND WATER WITHDRAIIAL
HAS BEEN APPROVED BY ST. .JOHN'S WATER MANAGEMENT DISTRICT AND ALL
REGULATORY AGENCIES. THIS PARTICULAR TRACT OF LAND WENT THROUGH A DRI
SOME YEARS AGO, AND THIS IS JUST A CONTINUATION OF THE OVERALL PLAN,
CHAIRMAN WODTKE NOTED THAT THEY ARE PROPOSING SEPTIC TANKS
AND WELLS IN THE FIRST PHASE, BUT ANTICIPATE A SEWER SYSTEM LATER.
MR. BEINDORF STATED THAT THE WHOLE AREA WILL BE SERVED WITH
A CENTRAL SEWER SYSTEM EVENTUALLY, BUT THEY WOULD LIKE TO HAVE THE OPTION
TO GO AHEAD WITH THE 50 LOTS. THESE WILL BE PLANNED SO THEY CAN EVENTU-
ALLY TIE ONTO THE WATER AND SEWER SYSTEM. HE NOTED THAT THESE ARE
EXPENSIVE LOTS AND VERY RESTRICTED.
ADMINISTRATOR JENNINGS ASKED IF THE 51' RIGHT-OF-WAY FOR
STORM GROVE ROAD IS IN ADDITION TO THE 60' RIGHT-OF-WAY WHICH THE
DRAINAGE DISTRICT HAS, AND MR; BEINDORF STATED THAT IT IS. THE ADMINIS-
TRATOR COMMENTED THAT THIS IS AN INSTANCE OF A DEVELOPER WORKING WITH
THE BOARD TOWARDS FUTURE PLANNING.
17
FAQ 7
COMMISSIONER SIEBERT ASKED ABOUT RUN OFF FROM THE LAKES, AND
ENGINEER BEINDORF STATED THAT THIS WAS ALL WORKED OUT WITH DER, THE
WATER MANAGEMENT DISTRICT, ETC., AND ALL THE WATER FLOWS; IT WILL NOT
BE STAGNANT. HE STATED THAT THIS IS A WELL THOUGHT OUT PROJECT WHICH
WILL BE A FINE ASSET TO THE COUNTY.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO BENT PINES
SUBDIVISION, UNIT 1.
THE HOUR OF 11:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED,
TO -WIT:
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 pubhs�ed
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a •-&
IF
w n
in the matter of
In the �A Court, was pub-
lished in said newspaper in the issues of Z. a• 19 77
Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose. of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before me this d f A.D.
1 - (Business Manager)
GEAu (Clerk of the Circuit Court, Indian Riv,,erkouinty, Florida)
NOTICE
NOTICE IS HEREBY GIVEN that the Board
of • County Commissioners of Indian River
County, Florida, will hold a public hearing on
March 21, 1979, at 11:08 o'clock A.M. in the
County Commission Chambers in the Indian
River County Courthouse to ccnsider the
adoption of:
The Indian River County Energy Efficiency
Building Code; Providing for Administration;
Definitions; Design Conditions; Building
Design by Systems Analysis and Design of
Buildings Utiiiting Non-Depletable Energy
Sources; Building Design by Component -
Performance Approach; Building Design by
Acceptable Practice; Cooling Design Day
Method; and Providing for an Effective Date.
Board of County Commissioners
of Indian River County, Florida
By: -s -William C. WodtkeJr., Chairman
Feb. 28,1979.
ROOK 39 PACE 26$
I
ATTORNEY COLLINS EXPLAINED TO THOSE PRESENT THAT THE STATE
HAS MANDATED THAT THE COUNTIES PASS AN ENERGY EFFICIENCY TYPE CODE
THE CITY OF VERO BEACH HAS BEEN MANDATED THE SAME. HE CONTINUED THAT
THE COUNTY THROUGH ITS BUILDING BOARD OF ADJUSTMENT HAS REVIEWED THE
PROPOSED CODE; THE BUILDING DEPARTMENT HAS MADE RECOMMENDATIONS; AND
THE PROPOSED ORDINANCE IS ENTIRELY CONSISTENT WITH THAT OF THE CITY OF
VERO BEACH. ATTORNEY COLLINS FELT SINCE WE HAVE A JOINT BUILDING DEPART- •
MENT WITH THE CITY, IT WOULD BE IMPOSSIBLE TO WORK WITH DIFFERING
ORDINANCES. HE THEN INTRODUCED JOHN CALMES, REGISTERED ARCHITECT AND
CHAIRMAN OF THE BUILDING BOARD OF ADJUSTMENT.
MR. CALMES STATED THAT THE CODE APPROACHES SOME OF OUR COUNTRY'S
ENERGY PROBLEM. HE DISCUSSED TABLES SHOWING THE ENERGY USED IN THE
UNITED STATES, AND NOTED THAT BUILDINGS USE ABOUT 43%. OF THAT, THE
GREATEST AMOUNT OF ENERGY IS USED IN SINGLE FAMILY HOMES, WITH MULTI-
FAMILY SECOND, AND COMMERCIAL BUILDINGS THIRD. MR. CALMES THEN DISCUSSED
"U -VALUES," AND EXPLAINED THAT THESE RELATE TO THE DEGREE OF THERMAL
RESISTANCE OF BUILDING COMPONENTS. HE..NOTED THAT THE CODE ADOPTED BY
THE CITY OF VERO BEACH LAST NIGHT PRIMARILY EXEMPTS BUILDINGS THAT ARE
NOT TO BE HEATED OR COOLED, SUCH AS WAREHOUSES, BODY SHOPS, ETC., AND
IT ALSO EXEMPTS SINGLE FAMILY RESIDENCES OF LESS THAN 1,500 SQ. FT. HE
STATED THAT ITS GREATEST AFFECT ON OUR RESIDENTIAL CONSTRUCTION WILL BE
IN TERMS OF CONCRETE BLOCK CONSTRUCTION. MR. CALMES EXPLAINED THAT THE
t U -VALUE OF A CONCRETE BLOCK WALL IS APPROXIMATELY .29, AND THE MAXIMUM
IS TO BE .30 SO THAT ALLOWS FOR NO GLASS IN THE WALL WITHOUT ADDING
INSULATION. HE CONTINUED THAT IF INSULATION IS ADDED TO THE WALL, YOUR
PERCENTAGE OF GLASS TO THE OVERALL PERCENTAGE OF GROSS WALLS CAN INCREASE
UP TO ABOUT 20% OF GLASS AREA,AND YOU CAN APPROACH A PERCENTAGE OF CLOSE
TO 35% GLASS BY USING INSULATED GLASS AND INSULATING THE BLOCK WALL TO
ITS MAXIMUM. MR. CALMES FELT THERE HAS BEEN A GOOD DEAL OF MISUNDER-
STANDING ABOUT THIS CODE, AND THAT THERE IS A GOOD DEAL OF FLEXIBILITY.
MR. CALMES INFORMED THE BOARD.THAT SECTION 5 OF THE ORDINANCE IS WHAT
OUR BUILDING DEPARTMENT WILL BE DEALING WITH, AND THERE ARE DIFFERENT
WAYS OF DEALING WITH THIS.
19
39 PAcE41
MAR 2 1* 1979
m
COMMISSIONER SIEBERT COMMENTED THAT COMMISSIONERS OF COUNTIES
TO THE SOUTH OF US FEEL THIS ENERGY CODE IS WRITTEN FOR THE NORTHERN
- STATES AND DOES NOT TAKE INTO CONSIDERATION SOME SPECIAL ADVANTAGES THE
SOUTHEAST HAS.
PETER ROBINSON, A DEVELOPER AND MEMBER OF THE BUILDING BOARD
OF ADJUSTMENT, NOTED THAT THE PROBLEM IS THAT THE STATE DOES NOT GIVE
YOU AN OPTION AS TO ADOPTING AN ENERGY CODE; IT JUST GIVES YOU A CHOICE
OF EITHER THE PROPOSED CODE, THE NixBIX CODE, OR THE NATIONAL CODE
DEVELOPED BY HUD. HE STATED THAT, OF THESE CHOICES, THE PROPOSED CODE
IS THE BEST.
MR. CALMES AGREED AND NOTED THAT NIXBIX (THE NATIONAL CONFER-
ENCE OF STATES ON BUILDING STANDARDS) BREAKS ENERGY USES INTO ABOUT SIX
ZONES, BUT THE FLORIDA MODEL GOES ONE STEP FURTHER AND BREAKS OUR ZONE
INTO NINE DIFFERENT ZONES DEPENDING ON WEATHER CONDITIONS, ETC., AND,
THEREFORE, IT DOES ALLOW A LITTLE MORE FLEXIBILITY. MR. CALMES INFORMED
THE BOARD THAT HE HAS MADE QUITE A FEW CALCULATIONS AND FINDS THAT
INSULATION WILL HAVE TO BE ADDED TO SOME DWELLINGS. HE EXPLAINED THAT
THE CODE ALLOWS TRADE OFF•OF AREAS, IF, FOR INSTANCE, IT IS LESS EXPEN-
SIVE TO PUT INSULATION IN THE CEILING THAN IN THE WALLS. HE STATED THAT
HE DID SOME ESTIMATIONS ON A»10,000 SQ. FT. COMMERCIAL BUILDING IN THE
SHAPE OF AN "L" WHERE THE INSIDE WAS ALL GLASS AND FOUND THE BUILDING
MET THE CODE WITHOUT ANY CHANGES.
+ CHAIRMAN WODTKE ASKED IF THE CODE EXEMPTS MULTI -FAMILY, AND
MR. CALMES STATED THAT IT DOES NOT.
THE CHAIRMAN EXPRESSED CONCERN THAT THE CODE MIGHT MAKE IT
PRACTICALLY IMPOSSIBLE TO CONTINUE TO BUILD FLORIDA -TYPE HOMES WITH
TRIPLE GLASS SLIDING DOORS.
-MR. CALMES FELT IT WILL NOT PROHIBIT THIS, BUT IT WILL INCREASE
�`. COSTS SOME, ALTHOUGH IDEALLY THESE COSTS WILL BE RECOVERED BECAUSE YOU
ARE INSULATING THE BUILDING BETTER,
COMMISSIONER DEESON ASKED IF 1,500 SQ. FT, REFERS TO GARAGES,
UTILITY ROOMS, ETC., AND MR. CALMES STATED THAT IT DOES NOT.
20
Bom 39 PACE 270
C
COMMISSIONER LYONS ASKED BUILDING DIRECTOR RYMER IF THIS WILL
HAVE MUCH AFFECT ON THE BUILDING DEPARTMENT, AND SHE FELT IT WILL HAVE
.QUITE AN AFFECT.
INTERGOVERNMENTAL COORDINATOR THOMAS REMARKED THAT THIS WHOLE
SITUATION IS PREDICATED ON STATEMENTS BY OIL COMPANIES THAT THIS IS
NECESSITATED BY OIL SHORTAGES, AND HE BELIEVED THE ONLY SHORTAGES ARE
THOSE CREATED BY THE OIL COMPANIES.
COMMISSIONER Loy INQUIRED WHETHER THIS ORDINANCE IS SAYING WE
WILL AUTOMATICALLY ACCEPT ANY CHANGES MADE BY THE STATE OF FLORIDA, AND
MR. CALMES FELT IT DID NOT, THAT IT REFERS TO TABLES AND CHARTS, AND
THERE WERE SOME ERRORS MADE ON SOME OF THE TABLES WHEN THEY WERE PUB-
LISHED.
ATTORNEY COLLINS NOTED THAT WHEN THE TABLES ARE OFFICIALLY
COMPLETED, THEY WILL HAVE TO BE INCORPORATED.
MR. CALMES FELT THAT THE CODE THAT IS BEING ADOPTED TODAY
WILL UNDOUBTEDLY BE CHANGED IN THE FUTURE, BUT HE DID NOT KNOW TO WHAT
EXTENT.
COMMISSIONER SIEBERT NOTED THAT THE REGIONAL PLANNING COUNCIL
IS DOING AN ENERGY RESOURCE DOCUMENT, AND HE BELIEVED IT WILL RECOMMEND
A HEAVY PERCENTAGE OF MULTI -FAMILY UNITS AS OPPOSED TO SINGLE FAMILY.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD'. THERE
WERE NONE.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE No. 79-6 ESTABLISHING
AN ENERGY EFFICIENCY BUILDING CODE FOR INDIAN RIVER COUNTY.
21
39 PAGE271
I
•
ORDINANCE NO. 79-6
AN ORDINANCE ADOPTING THE INDIAN RIVER COUNTY ENERGY
EFFICIENCY BUILDING CODE, REFERRED TO AS THE INDIAN
RIVER COUNTY ENERGY CODE; PROVIDING FOR ADMINISTRATION;
DEFINITIONS; DESIGN CONDITIONS; BUILDING DESIGN BY
SYSTEMS ANALYSIS AND DESIGN OF BUILDINGS UTILIZING
NON-DEPLETABLE ENERGY SOURCES; BUILDING DESIGN BY
COMPONENT - PERFORMANCE APPROACH; BUILDING DESIGN
BY ACCEPTABLE PRACTICE; -COOLING DESIGN DAY METHOD;
AND PROVIDING FOR AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
COUNTY FLORIDA:
SECTION I
This Ordinance shall be referred to in the Indian River
County Code of Ordinances as Chapter 4-110.
"Sec. 4-110. Energy Efficiency Building Code.
(a) The Board of County Commissioners of Indian
River County does hereby adopt an additional building
code for said County, the "Indian River County Energy
Efficiency Building Code", also known as "The Code
For Energy Conservation In New Building Construction
With Florida Amendments", and referred to herein as
the "Indian River County Energy Code", three (3) copies
of which are on file in the office of the County Clerk,
all of which are hereby made a part of the Code of
Ordinances of the County of Indian River as if herewith
completely incorporated herein subject only to specific
additions, deletions, and amendments as set forth in this
Section 4-110. Any person, firm or corporation, vio-
lating or convicted of a violation of any provision of
said Code shall be punished by penalties as provided
by law. "
(b) The introductory paragraph of Section 503.9
in the Energy Code is amended to read as follows:
"All duct work shall be constructed and erected in
accordance with Standards RS -15, RS -16, RS -17, RS -18,
RS -19, or RS -20, as applicable, which Standards super-
sede the Standards in Section 502 of the Standard
Mechanical Code now or hereafter in effect as adopted
by the County. The other provisions of Chapter V of
the said Mechanical Code apply to the extent the
specific.criteria is not addressed to any appliable
RS Standards. If there is a conflict between any
provision of Chapter V of the said Mechanical Code
as amended.now or hereafter and the RS Standards, the
RS Standards shall control. Sub -paragraphs (a), (b),
and (c) of Section 503.9 are not amended.
(c) The italicized paragraph in paragraph (e)
of Section 505.2 of the Energy Code is hereby deleted.
Said paragraph which is deleted reads as follows:
A single meter for the.building can be installed to
determine power company charges with sub -metering
for each tenant to pro -rate the charges between
tenants.
BOOK 39 PAG£ VZ
LA
MAR 2 11979
(d) Alternate pages 1-2A, 1-4A, 5-15A, 5-16A,
t 5-17A, 6-4A, and 6-5A are not adopted by the County.
Now existing Appendix Tables 6-1A, 6-1B, 6-1C, 6-2
and 6-3 are hereby deleted from the Indian River County
Energy Code. The State of Florida is now amending said
Appendix Tables. When the amended Appendix Tables are
adopted by the State, said amendments shall become a
part of the Indian River County Energy Code as typical
assemblies, and which shall not be all inclusive.
(e) The Indian River County Board of Adjustments
and Appeals shall have jurisdiction over appeals from
decisions of the Building Official regarding the
Indian River County Energy Code and the standards
therein, (excluding pages i through xv) pursuant to
the provisions of Indian River County Resolution
78-50 and Indian River County Ordinance 77-10.
SECTION II
This Ordinance shall become effective according to
law.
This Ordinance shall take effect 'March 26, 1979.
MAR 2 11979
BOOK 39 PAGE 2
ATTORNEY COLLINS REFERRED BACK TO THE MODIFIED AGREEMENT
BETWEEN THE COUNTY AND THE F.E.C. RAILROAD FOR A CROSSING AT HOBART
ROAD DISCUSSED EARLIER. HE INFORMED THE BOARD THAT THE DOT REPRESENTA-
TIVE HAS BROUGHT UP THE FORM RESOLUTION, AND, IN ADDITION, REQUESTED
THAT THE COUNTY ENTER INTO A TRIPARTITE RAILROAD REIMBURSEMENT AGREEMENT
SIMILAR TO AGREEMENTS SIGNED IN THE PAST. HE CONTINUED THAT HIS CONCERN
WAS WHETHER OR NOT THERE WERE ANY INCONSISTENCIES AS FAR AS THE COUNTY'S
OBLIGATIONS UNDER THE 1975 AGREEMENT ON HOBART ROAD, AND AFTER REVIEW,
IT APPEARS THERE ARE. UNDER THE NEW AGREEMENT, WE HAVE A 50/50 AGREE-
MENT WITH THE RAILROAD FOR MAINTENANCE AFTER COMPLETION. ATTORNEY
COLLINS DID NOT FEEL THE DOLLARS ARE SO SIGNIFICANT THAT THE COUNTY
SHOULD ATTEMPT TO MODIFY THE STANDARD FORM DOT REIMBURSEMENT AGREEMENT
BECAUSE DELAYS WOULD OCCUR AND PERHAPS THE FEDERAL INVOLVEMENT WOULD BE
LOST. HE FELT IF THE BOARD DID NOT MOVE AHEAD, THERE WOULD BE AN IMPACT
ON THE COUNTY HAVING TO PUT IN AN INSTALLATION THAT IS NEEDED, AND HE
WOULD, THEREFORE, RECOMMEND NOT ONLY PASSING THE APPROPRIATE RESOLUTION
AS PREVIOUSLY AUTHORIZED, BUT ALSO AUTHORIZING THE CHAIRMAN TO SIGN AS
TO THE REIMBURSEMENT AGREEMENT.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN THE RAILROAD
REIMBURSEMENT AGREEMENT AS DISCUSSED ABOVE. SAID AGREEMENT WILL BE MADE
A PART OF THE MINUTES WHEN COMPLETED AND RECEIVED.
ATTORNEY COLLINS INFORMED THE BOARD THAT THE CHAIRMAN HAS
REQUESTED A DISCUSSION ON THE PARTY WALL CONCEPT BECAUSE THERE IS A
DEVELOPMENT IN PROCESS, AND IT IS ANTICIPATED THERE WILL BE OTHERS THAT
WILL WANT TO GO INTO THIS CONCEPT RATHER THAN CONDOMINIUMIZING. THE
DISTINCTION BETWEEN THE TWO CONCEPTS IS THAT IN THE PARTY WALL CONCEPT,
THE INDIVIDUAL PROPERTY OWNER OWNS THE LAND UNDERNEATH THEIR PARTICULAR
UNIT AND THEN THEY OWN, IN CONCERT, THE LAND SURROUNDING THE UNIT WHEREAS
IN THE CONDOMINIUM SET-UP, THE OWNER OWNS)ALONG WITH ALL OTHER OWNERS
THE LAND UNDER THE UNIT AS WELL AS THE'LAND SURROUNDING. THE QUESTION
IS WHETHER THE EXISTING. COUNTY ZONING ORDINANCE PERMITS THE PARTY WALL
CONCEPT, AND ATTORNEY COLLINS FELT THAT IT DOES. HE STATED THAT THE
SOUTHERN STANDARD BUILDING.CODE•SPECIFICALLY PROVIDES FOR IT. THE
24
aa�K 39 PACE 2'74
MAR 2 11979
ATTORNEY POINTED OUT THAT IF A DEVELOPER WERE TO GO THE PARTY WALL
SYSTEM, HE'WOULD STILL HAVE TO COME BEFORE THE SUBDIVISION REVIEW COM-
MITTEE, FILE A SITE PLAN, AND HAVE THE SAME DENSITY REQUIREMENTS, ETC.,
AS ANY OTHER UNITS. ATTORNEY COLLINS CONTINUED THAT HE DOES'•NOT SEE
THAT OUR ORDINANCE -MAKES ANY DISTINCTION AS TO WHO OWNS THE LAND UNDER
THE UNIT.
COMMISSIONER SIEBERT ASKED IF THIS COULD BE CONSIDERED A
MULTI -FAMILY UNIT, AND THE ATTORNEY NOTED THAT THERE ARE FOUR UNITS IN
ONE BUILDING AND THAT IS A MULTI -FAMILY UNIT. COMMISSIONER SIEBERT
ASKED IF THEY COULD MEET THE CRITERIA FOR A SINGLE FAMILY UNIT UNDER
THE COMMON WALL CONCEPT, AND THE ATTORNEY DID NOT FEEL THAT WOULD BE
SINGLE FAMILY.
CHAIRMAN WODTKE DISCUSSED SINGLE FAMILY ATTACHED DWELLINGS,
AND ATTORNEY'COLLINS NOTED THAT WE HAVE TWO DEFINITIONS: "A SINGLE
FAMILY DWELLING IS THAT DESIGNED EXCLUSIVELY FOR ONE FAMILY AS A HOUSF-
KEEPING UNIT," AND MULTI -FAMILY IS `1A BUILDING DESIGNED FOR TWO OR MORE
FAMILIES INDEPENDENTLY OF EACH OTHER.", THE ATTORNEY CONTINUED THAT FROM
A SALES POINT OF VIEW IT'MAY BE WELL TO REPRESENT THESE UNITS AS SINGLE
FAMILY UNITS, BUT FROM A LEGAL STANDPOINT, HE BELIEVED THEY WOULD BE
MULTIFAMILY BECAUSE MORE TVAN ONE FAMILY LIVES IN THE BUILDING. HE
DID NOT SEE ANY DIFFERENCE AS TO WHETHER A DEVELOPMENT WAS DONE ON THE
CONDOMINIUM CONCEPT OR PARTY WALL CONCEPT. THE ATTORNEY STATED THAT THE
ADVANTAGE OF A PARTY WALL CONCEPT IS THAT YOU DON T HAVE TO BECOME
INVOLVED IN THE STRICT GOVERNMENT REGULATION OF CONDOMINIUMS.
ARCHITECT JOHN CALMES INFORMED THE BOARD THAT THERE HAS BEEN
A TREND OVER THE LAST FEW YEARS TO GET AWAY FROM CONDOMINIUMS, BUT IN
THIS AREA WE HAVE NO ORDINANCE TO ALLOW TOWN HOUSES OR "ZERO LOT LINE" j
DWELLINGS AND DEVELOPERS HAVE BEEN FORCED INTO BUILDING CONDOMINIUMS.
HE FELT IF THERE WERE SOME ORDINANCE FOR "ZERO LOT LINE" DWELLINGS OR
PARTY WALL WHERE YOU JUST OWN YOUR PROPERTY AND MAINTAIN YOUR SIDE OF
THE PARTY WALL, AND THEY MAINTAIN THEIR SIDE, IT WOULD ELIMINATE A LOT
OF THE PROBLEMS ASSOCIATED WITH COMMON OWNERSHIP OF PROPERTY.
25
._ BOO39 PAGE 2 � 5
MAR 211979
r
m
COMMISSIONER SIEBERT NOTED THAT THIS COULD RESULT IN A MULTI-
FAMILY UNIT'SITTING IN A SINGLE-FAMILY ZONING, AND MR. CALMES FELT IT
MIGHT BE NECESSARY TO CREATE A NEW ZONING CLASSIFICATION.
COMMISSIONER LYONS STATED THAT HE DOES NOT HAVE A PROBLEM
WITH ZERO LOT LINE DEVELOPMENT AND FELT THERE CAN BE MORE OPEN .SPACE
THIS WAY, WHICH WOULD BE AN ADVANTAGE.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO EITHER WRITE
AN OPINION AS TO WHETHER THE PARTY WALL CONCEPT IS PERMITTED UNDER OUR
EXISTING ORDINANCE OR TO DRAFT APPROPRIATE LEGISLATION TO ACCOMPLISH
THIS, IF IT SHOULD BE NEEDED, AND BRING IT TO THE BOARD FOR APPROVAL.
CONSTRUCTION PROJECT REPRESENTATIVE HERCULES KONTOULAS CAME
BEFORE THE BOARD IN REGARD TO SEALED BIDS ON KITCHEN AND LAUNDRY EQUIP-
MENT AT THE OLD HOSPITAL BUILDING. HE STATED THAT BID INVITATIONS WERE
SENT OUT AND SEALED BIDS HAVE BEEN RECEIVED, BUT HE DID NOT REALIZE
THE BID COMMITTEE HAD BEEN ESTABLISHED.
ATTORNEY COLLI'NS REPORTED THAT THIS HAS BEEN LEGALLY ADVERTISED
AS PER THE FOLLOWING NOTICE, AND WHAT NOW SHOULD BE CONSIDERED IS THE
PROCEDURE TO GO FROM HERE.
26
BOOK 39 PacE 27
o
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
MOTILE
SEALED PROPOSALS will be accepted by
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
Indian River County Board of County Com-
on March 19, 1979, for the existing
missioners
Kitchen Equipment and Laundry Equipment
located in the Old Indian River County
a
Hospital Building.
There are approximately thirty-three (33)
in the matter of
items available and a brief description may be
obtained from Hercules Kontoulas, at the
_
Indian River County Court House, Room 115,
Beach, Florida 32960. Phone 305.562-4186.
Vero
Items may be inspected at the site Monday
Friday between 8:00 A.M. and 3:00
Vs
in the Court , was pub-
through
P.M.
Proposals should state :
1. Disconnecting equipment, capping steam,
Q
hot water, cold water, waste and electric.
2. Proposals will be accepted on any or all
�A A�
lished in said newspaper in the issues of� / %9
items.
Proposals shall be submitted in an envelope
and marked on the outside to
securely sealed
show the item being bid on. Proposals may be
mailed or delivered to the office of the County
Room 115, County Court House,
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
River Ccu—v, and that the said newspaper has heretofore
Administrator,
Vero Beach, Florida 32960.
Indian River County, Florida
Board of County Commissioners
Vero Beach, in said Indian
been continuously published in said Indian ,iver _,runty, Porida, weekly and has been entered
By: William C. Wodtke Jr., Chairman
as second class mail matter at the post office in `veto Beach, in said Indian River County, Florida
ding the fi,;t -;ubl, :on of the attached copy of adver-
March 7,9,1979.
for a period of one year next prece
tisement; and affiant further says that he has Werther parid nor promised any person, firm or
corporation any discount, abate, cc ^n .r ref,;nd f-. the purpose of securing this adver-
tisement for publication in the said newspaper.
before this '^f- A.D.
Sworn to and subscribed me _ __ -�,
(Business Manager)
(Clerk of the Circuit/Court, yfian River County, Florida)
(SEAU
MR. KONTOULAS RECOMMENDED THAT THE
UNOPENED BIDS BE REFERRED
TO THE BID COMMITTEE FOR EVALUATION, AND THEY
CAN REPORT BACK TO THE
BOARD. THE BOARD AGREED.
ON MOTION BY COMMISSIONER LYONS, SECONDED
BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED MR.
KONTOULAS TO REFER THE
SEALED BIDS DESCRIBED ABOVE TO THE BID COMMITTEE FOR EVALUATION AND
%% RECOMMENDATION.
THE BOARD THEREUPON RECESSED AT 12:05 O'CLOCK P.M. FOR LUNCH
AND RECONVENED AT 1:30 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT.
COUNTY CONSULTING ENGINEER JAMES BEINDORF INFORMED THE BOARD
THAT THEIR REPORT ON A SOUTH COUNTY WATER SYSTEM IS NOW BEING PRINTED,
27
MAR 2x.1979
BOOK 39 PacF 2177
1
t
AND HE WOULD SUGGEST HAVING A WORKSHOP MEETING BECAUSE THERE IS A GREAT
F
DEAL OF INFORMATION THAT NEEDS TO BE REVIEWED TO BRING THE BOARD UP TO
4.
DATE. • k
AFTER SOME DISCUSSION, THE BOARD SET TUESDAY, APRIL 3RD, AT w=
7:00 O'CLOCK P.M. FOR A WORKSHOP MEETING ON THE SOUTH COUNTY WATER'
SYSTEM, AND ENGINEER BEINDORF STATED THAT THE REPORTS WOULD BE DELIVERED
TO THE BOARD MEMBERS THE FRIDAY BEFORE THE WORKSHOP MEETING.
CHAIRMAN WODTKE ASKED WHETHER THE ENGINEERS WILL BE READY TO �e
DISCUSS ANYTHING ABOUT THE SEWER LINE ON 6TH AVENUE, AND MR. BEINDORF'
STATED THAT HE WOULD RATHER DO THAT AT THE FOLLOWING MEETING) F POSSIBLE.
IT WAS NOTED THE MORATORIUM RUNS OUT ABOUT THE IOTH.OF APRIL.
LLOYD HOBERG, COUNTY SUPERVISOR FOR FARMERS HOME ADMINISTRATION,
CAME BEFORE THE BOARD TO REPORT ON THE ACTIVITIES OF FHA WITHIN THE
COUNTY DURING THE LAST YEAR, AS SET OUT IN THE FOLLOWING LETTER:
{
R
20
Boa 39 pA78
MAR 2 11979
i
UNITED STATES DEPARTMENT OF AGRICULTURE
FARMERS HOME ADMINISTRATION
• 3953 South U.S. #1
Ft. Pierce, Florida 33450
March 21, 1979
e
»Mr. William C. Wodtke, Jr.
Chairman
Indian River Board of County Commissioners
2145 14th Avenue
Vero Beach, FL 32960
f.
Dear Mr. Wodtke:
During the past year the Farmers Home Administration, a credit
agency for the United States Department of Agriculture, has con-
ducted extensive work in Indian River County. In order to keep
the Board of County Commissioners more fully informed regarding
Farmers }Lome Administration activities the following information
is being; furnished.
From October 1, 1977 through September 30, 1978, loans and grants
in the following amounts were loaned in Indian River County:
1. Total funds for all loans - $ 2160660
2. Total funds for grants
BREAK DOSdN 04 TYPE OF LOANS k1ADE AND AMOUNTS FOR EACH
1. Agricultural $ 0
2. Erlr_rgency (Disaster) $ 122,710
3. Rural Housing (all types) - $ 93,950
4. Water and Sewer • $ O
5. Water and Sewer Grants $
6. community Facilities $
7. Business and Industry $ 0
Total klr.IN investment in county
(all outstanding loans) - $ 2,592,820_
ItMBER OF LOANS MADE IN INDIAN RIVER COUNTY
1•. Number of outstanding farm loans
(including emergency) 8
2. Number of outstanding housing loans 143
3. Number of rural water systems 0
4. Number of community facility loans 0
Obligated Funds:
Rural Rental Housing - $ 1,438,950
Community Facility Loans - $ 20,875,000
Community Facility Grants - $ 318,158
Our county office personnel consists of the following:
Lloyd C. Hoberg _, County Supervisor
E. Avis Norris , County Office Assistant
Sue C. Schaffer , County Office Clerk
If the Farmers Home Administration can ever be of service to you
in any way, please let us know. -
Sincerely,
j County Supervisor
n
BOOK 39 eAcf 279
MAR 211979
J
MR. HOBERG EXPLAINED THAT THE $93,950 FOR HOUSING IN INDIAN RIVER COUNTY
IS NOT A LARGER AMOUNT BECAUSE THEY WERE STYMIED BY THEIR REGULATIONS
WHICH REQUIRE CENTRAL WATER AND SEWER AND HARD SURFACE ROADS. HE HOPED
THEY WILL BE ABLE TO DO MORE WHEN THIS SITUATION IS CORRECTED. MR.
HOBERG CONTINUED THAT THEY ONLY HAVE EIGHT FARM LOANS IN THE COUNTY
BECAUSE THEIR PROGRAM IS GEARED TO THOSE WHO CAN T GET FINANCING ANY-
WHERE ELSE, AND MOST OF THE GROVES IN INDIAN.RIVER COUNTY WOULD NOT
QUALIFY. HE THEN DISCUSSED THE $1,483,950 OBLIGATED FOR ONE INDIVIDUAL
TO PROVIDE RENTAL HOUSING. HE BELIEVED THIS IS FOR SENIOR CITIZENS LOW
INCOME HOUSING IN THE CITY OF VERO BEACH IN THE SIXTH AVENUE AREA,
COMMISSIONER SIEBERT STATED THAT THE BOARD WOULD BE INTERESTED
IN KNOWING TO WHOM THIS MONEY IS BEING LENT BECAUSE THE BOARD COULD NOT
DETERMINE OWNERSHIP WHEN THEY CAME TO THE BOARD TO APPLY FOR A SEWER
FRANCHISE.
COMMISSIONER LYONS NOTED THAT THIS CAME UP AT THE REGIONAL
PLANNING COUNCIL, BUT WAS REFERRED BACK BECAUSE THEY ALSO COULD NOT
DETERMINE OWNERSHIP. HE WAS NOT SURE THAT THE CITY OF VERO BEACH EVER
APPROVED THIS PROJECT EITHER FOR THE SAME REASON.
MR. HOBERG THOUGHT THE NAME WAS VERO BEACH HOUSING ASSISTANCE,
AND STATED THAT THE NEXT STEP IS A DRY RUN FOR CLOSING AND THEN A PRE -
CONSTRUCTION CONFERENCE.
COMMISSIONER $IEBERT AGREED WITH COMMISSIONER LYONS THAT THIS
• HAS NOT GONE THROUGH A-95 APPROVAL IN THE REGIONAL PLANNING COUNCIL.
MR. HOBERG STATED THAT HE WOULD CHECK INTO THIS, AND CONTINUED
TO REVIEW THE FIGURES SET OUT IN HIS LETTER.
CHAIRMAN WODTKE EXPRESSED THE BOARDS APPRECIATION OF THE
COOPERATION WE HAVE HAD•WITH FHA IN THE PAST YEAR. HE ANNOUNCED THAT
THE MEETING PLANNED WITH FHA OFFICIALS FOR MARCH 27TH HAS BEEN CANCELED,
BUT MAY BE RESCHEDULED AT SOME LATER DATE,
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
$IEBERT, THE BOARD UNANIMOUSLY ACCEPTED THE REPORT PRESENTED BY MR.
HOBERT IN HIS LETTER OF MARCH 21, 1979, WHICH IS MADE A PART OF THE
MINUTES AS ABOVE.
30
Boa 39 PAGE
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAS TWO
EMERGENCY ITEMS THAT NEED TO BE ADDED TO TODAY IS AGENDA IN REGARD TO
A SPEED CHANGE ON 20TH AVENUE AND 4TH STREET AND THE DOT FIVE YEAR
CONSTRUCTION PLAN.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS,
THE BOARD UNANIMOUSLY ADDED THE EMERGENCY ITEMS REQUESTED BY THE ADMINIS-
TRATOR TO TODAY IS AGENDA.
THE ADMINISTRATOR STATED THAT THE HIGHWAY PATROL WISHES TO
LOWER THE SPEED LIMIT ON 4TH STREET FROM 45 TO 35 MPH AND TO PLACE SOME
SPEED BUMPS ON 4TH STREET PRIOR TO THE STOP SIGNS. HE AGREED THAT THE
INTERSECTION AT 20TH AVENUE AND 4TH STREET IS A BAD ONE, AND STATED HE
WOULD HAVE NO OBJECTIONS TO THESE REQUESTS.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO DISCUSS
THE ABOVE SUGGESTIONS WITH THE SHERIFF AND BRING BACK RECOMMENDATIONS.
ADMINISTRATOR JENNINGS THEN DISCUSSED THE DOT FIVE YEAR PROGRAM
AND NOTED THAT THEY UPDATE THEIR PROGRAM EACH YEAR. HE COMMENTED THAT
THIS YEAR THEY SENT IT OUT IN SHORT FORM AND HAVE GIVEN US AN APRIL 6TH
DEADLINE TO REVIEW THE REPORT AND MAKE ANY COMMENTS.
THE BOARD REVIEWED THE -PROPOSED FIVE YEAR PROGRAM, WHICH IS AS
FOLLOWS:
31
MAR 2 11979
BOOK 39 PAGE 28l
IncCizn River County
State 01' Florida - Department Of Transportation
FIVE YEAR
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ADMINISTRATOR JENNINGS NOTED THAT OF THE OFF SYSTEMS ROAD
PROJECTS, VERO LAKE ESTATES IS INCLUDED AND SCHEDULED FOR 1980, BUT HE
DID NOT SEE ANYTHING ABOUT THE STATUS OF THE LUNDBERG AND HOBART ROAD
PROJECTS.
COMMISSIONER SIEBERT FELT THAT HOBART ROAD MIGHT BE INCLUDED
IN THIS YEAR'S PROJECTS.
THE ADMINISTRATOR STATED THAT HE WOULD LIKE TO HAVE THIS
CLARIFIED AND NOTED THAT, UNLESS THE BOARD HAD ANY FURTHER QUESTIONS,
THEY COULD GO AHEAD AND ACCEPT THE PROGRAM WITH THE UNDERSTANDING THAT
HE WILL CONTACT THE DOT AND GET THIS MATTER CLARIFIED. HE COMMENTED
THAT HE WOULD NOT WANT TO LOSE HOBART AND LUNDBERG ROADS OFF THE LIST.
THE BOARD AGREED.
INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT
HE PHONED THE DOT IN FORT LAUDERDALE YESTERDAY AND OBTAINED SOME INFORMA-
TION. HE EXPLAINED THAT UNDER #415348, THE DOT IS GOING TO CONTINUE'THE
TURNING LANE IN THE M-IDDLE OF U. S. HIGHWAY 1 SOUTH OF TOWN DOWN TO
McKEE JUNGLE GARDENS WHERE IT BECOMES DIVIDED AGAIN. HE STATED THAT
THE DOT EXPLAINED THAT ALTHOUGH THE INTERSECTIONS REFERRED TO UNDER
#415349 ARE COMPLETED ON BOTH SIDES OF THE BRIDGE, THEY HAVE SOME ADDI-
TIONAL WORK THAT WAS NOT INCLUDED IN THE CONTRACT, MR. THOMAS INFORMED
THE BOARD THAT HOBART AND LUNDBERG ROADS, WHICH ARE TO BE DONE UNDER THE
OFF SYSTEMS ROAD PROJECT, ARE FUNDED OUT OF THIS YEAR S OPERATION.
ADMINISTRATOR JENNINGS NOTED THAT IF THESE TWO PROJECTS SHOULD
NOT MAKE THIS YEAR S LETTINGS, THEY ARE DROPPED FROM THE PROGRAM, AND
RIGHT NOW IT IS QUESTIONABLE IF THE MONEY WILL BE THERE FOR THEM TO DO
THESE THIS YEAR. HE FELT THIS SHOULD BE PURSUED)AND THE BOARD AGREED.
INTERGOVERNMENTAL COORDINATOR THOMAS NOTED THAT FOR THE FIRST
TIME, AS A RESULT OF THE REORGANIZATION AND TURNING OVER OF SECONDARY
'.� ROADS, THE DOT ARE INCLUDING EVERYTHING THEY ARE INVOLVED IN, AND TWO
OF THE PROJECTS LISTED INCLUDE VERO BEACH AIRPORT. THE LAST ITEM LISTED
IS WHAT WE ARE DOING ON THE PROGRAM FOR THE ELDERLY. HE STATED THAT
#413335 IS REGARDING A TRAFFIC SIGNAL WHERE 6TH AVENUE COMES ONTO U.S. 1.
35
MAR 2 11979
BOOK 39 RmE 285
M
IN DISCUSSION, IT WAS NOTED THAT THIS REPORT WAS MADE UP SOME
TIME AGO AND SINCE THEN, THINGS HAVE CHANGED. THE ADMINISTRATOR STATED
THAT HE WOULD SEE NO REASON NOT TO LEAVE THAT IN THE LIST,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO RESPOND
TO THE DOT ON BEHALF OF THE BOARD, ESTABLISHING THE PRIORITIES AS OUT—
LINED IN THE ABOVE DISCUSSION IN REGARD TO HOBART AND LUNDBERG ROADS.
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-Journai, a weekly newspaper published
at Vero Beach in Indian River County, F�loriidaa; that the atta_hed copy of advertisement, being
a ��ia�
A 9.9
in the matter of %�0_ _, • ? o
L -..—in the uu Court, was pub -
lisped 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.
Sworn to and subscribed before me this day of AM—& -2 2
y Bu ess Manager)
(seAu (Clerk of the Circuit Court, Indian iver County, Florida)
NOTICE
NOTICE IS HEREBY GIVEN that the
Planning .and Zoning Commission of Indian
River County, Florida, has tentatively ap-
proved the following changes and additions to
the Zoning Ordinance of Indian River County,
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:
The South 1,2 of the North !!z of the Southwest
1/4 of the Southwest N, Section 32, Township 31
South, Range 39 East; LESS the South 10 feet
of the West 150 feet of said property; said land
Tying and being in Indian River County,
Florida.
Be changed from 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,
Thursday, February 8, 1979, at 7:30 P.M., after
which said public hearing in relation thereto at
which parties in interest and citizens shall
have an opportunity to be heard will be held by
the Board of County Commissioners of Indian
River County, Florida, in the County Com-
mission Room, Indian River County Cour-
thouse, Vero Beach, Florida, on Wednesday,
March 21, 1979, at 2:00 o'clock P.M.
Board of County Commissioners
Indian River County
By: William C. Wodtke Jr., Chairman
Indian River County Planning
and Zoning Commission
By: Dick Bird, Chairman
Jan. 19, 26.1979.
THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO
ROBERT F. MEEKO BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY
FLORIDA STATUTE 125.66.
W.,
BOOK 39 PAGE 286
NEER �, BOARD OF COUNTY COMMISSIONERS
i' OG
WHA" C. WOOTKE JR.. Chairman
Q ALMA LEE LOY. Vice Chairman
1./' * "� 1MILLIARO W. SIEBERT, JR
� R. DON DEESON
FLOR10� PATRICK E. LYONS
JACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach. Florida 32960
February 12, 1979
Mr. Robert V. Meeko
3209 North Indian River Drive
Fort Pierce, Florida
Dear Mr. Meeko:
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 follow-
ing described property situated in Indian River.County,
Florida, to -wit:
The S 1/2 of the'N 1/2 of the SW 1/4 of the SW 1/4
Section 32, Township 31 S, Range 39 E;.LESS the S
10 feet of the W 150 feet of said property; said land
lying and being in Indian River County, Florida
Be changed from R-1 Residential to A -Agricultural
District.
A public hearing in relation thereto will be held by the
Board of County Commissioners of Indian River County, Florida
in the County Commission Room in the County Courthouse, Vero
Beach, Florida on Wednesday, March 21, 1979 at 2:00 P.M.
Sincerely,
FW: of
Ilt
Freda - Wright
Clerk .
C
BOOK 39 PAGE 287
PLANNING DIRECTOR REDICK STATED THAT THIS PARTICULAR PROPERTY
CONSISTS OF 10 ACRES AND IS LOCATED ON 66TH AVENUE ABOUT 60' NORTH OF
HOBART ROAD. THE CITRUS HAS BEEN REMOVED, AND THERE IS A STABLE CON-
STRUCTED APPROXIMATELY IN THE MIDDLE OF THE SUBJECT PROPERTY. THE AREA
IS R-1 AND IS SURROUNDED BY R-I,,WHICH DOES NOT PERMIT A STABLE UNLESS
THERE IS ONE ACRE PER HORSE. MR. REDICK EXPLAINED THAT AT THE TIME OF
THE ZONING HEARING, DR. MEEKO HAD AN OPTION ON AN ADDITIONAL 10 ACRES,
AND THIS WAS TO BE A PRIVATE STABLE. SUBSEQUENTLY, THE BUILDING WAS
CONSTRUCTED, AND CERTAIN STOPS WERE PUT ON IT BY THE ZONING OFFICE
BECAUSE IT BECAME A COMMERCIAL STABLE WITH THINGS NOT SHOWN ON THE SITE
PLAN. SINCE THAT TIME THE OWNER HAS REQUESTED REZONING TO AGRICULTURAL
IN ORDER TO BE ABLE TO USE THE STABLE AS A COMMERCIAL STABLE, TO STALL
OTHER PEOPLE S HORSES, TRAIN HORSES, ETC. THE STAFFS RECOMMENDATION WAS
NEGATIVE. PLANNER REDICK NOTED THAT AFTER MUCH DISCUSSION AND MANY
INDIVIDUALS SPEAKING IN FAVOR OF THE REZONING, THE PLANNING AND ZONING
COMMISSION, ON A SPLIT VOTE, DID APPROVE REZONING TO AGRICULTURAL.
COMMISSIONER SIEBERT NOTED THAT THE STAFF `S COMMENT IS THAT
IT WOULD BE SPOT ZONING, AND ASKED IF WE CAN CONTINUE TO SUPPORT THE
VIEW THAT AGRICULTURAL IS A HOLDING ZONE SUBJECT TO SOME OTHER USE AT
A LATER DATE?
MR. REDICK STATED THAT IS TRUE, BUT HE FELT THE BASIC CONCERN
IS THAT THERE ARE OTHER RESIDENTS IN THE AREA AND THERE MAY BE MORE.
• HE DID NOT FEEL A COMMERCIAL STABLE IS REASONABLE IN A RESIDENTIAL AREA,
EVEN THOUGH IT IS ONLY SCATTERED RESIDENTIAL AT THIS TIME.
CHAIRMAN WODTKE DISCUSSED THE ONE ACRE PER HORSE REQUIRED IN
A RESIDENTIAL ZONE AND NOTED THAT DR. MEEKO NOW HAS A 20 HORSE STABLE
BUT ONLY 10 ACRES SINCE HE DID NOT ACQUIRE THE 10 ACRES HE HAD UNDER
OPTION, AND IN ADDITION, THE STABLE IS GOING FROM PRIVATE TO COMMERCIAL.
COMMISSIONER SIEBERT ASKED WHERE THIS PROPERTY IS IN RELATION-
SHIP TO KIWANIS HOBART PARK, AND PLANNER REDICK STATED THAT IT IS CON-
SIDERABLY WEST OF THE PARK AREA, POSSIBLY A MILE AND A.HALF AWAY. HE
NOTED THAT EVERYTHING EAST OF LATERAL A ON 66TH AVENUE IN THIS AREA IS
R-1,AND THE FIRST 330' ON THE WEST OF 66TH AVENUE IS ALSO R-1.
Boa 39 PAGE 288
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD.
DR. MEEKO INFORMED THE BOARD THAT HIS DAUGHTER HAS BEEN TRAINING
HORSES FOR SEVERAL YEARS, AND BECAUSE SHE HAS HAD TO RENT STABLE SPACE,
IT WAS NOT AN ECONOMICAL VENTURE SO THEY LOOKED FOR SOME PROPERTY, AND
THIS PIECE OF GROUND WAS SHOWN TO THEM. HE NOTED THAT THERE ARE GROVES
TO THE NORTH AND SOUTH OF THIS PROPERTY, AND ON THE EAST THERE IS A
LARGE PASTURE WHICH HAS HORSES AND COWS. DR. MEEKO CONTINUED THAT THEY
WERE ASSURED THAT THIS WAS AGRICULTURAL PROPERTY; THEY PURCHASED THE
PROPERTY; GOT THE LOAN APPROVED: HIRED A MAN AND HAD THE GROVE CLEARED
OFF. THEY THEN HIRED A BARN BUILDER, AND IT WAS WHEN HE CAME TO GET A
PERMIT THAT THEY WERE INFORMED THAT THIS IS RESIDENTIAL PROPERTY AND
THAT THE BARN COULD NOT BE BUILT. DR, MEEKO STATED THAT THE PURPOSE OF
THE BARN IN THE BEGINNING WAS A COMMERCIAL STABLE, NOT A PRIVATE STABLE,
AND AT THIS POINT THEY WERE COMMITTED WITH THE BANK SO THEY TRIED TO GET
IT BUILT. IT IS NOW ALMOST COMPLETE, AND THEY NEED THE AGRICULTURAL
ZONING SO IT CAN BE CONVERTED TO A COMMERCIAL STABLE. HE FELT THEIR
PROPERTY IS CERTAINLY NOT OUT OF CHARACTER WITH THE SURROUNDING PROPERTY
AND DOES NOT DEGRADE IT IN ANY WAY INASMUCH AS IT ALL IS AGRICULTURAL
IN FUNCTION, IF NOT ZONING. DR. MEEKO REITERATED THAT THEY THOUGHT THEY
WERE GETTING AGRICULTURAL PROPERTY, AND IT WASNIT UNTIL HE WAS WELL
COMMITTED FINANCIALLY THAT IT CROPPED UP THAT'THIS PROPERTY WAS RESI-
DENTIAL. HE STATED THAT AS FAR AS HE IS CONCERNED, THIS IS A HARDSHIP
CASE.
CHAIRMAN WODTKE ASKED IF HE HAD AN ATTORNEY PRIOR TO PURCHASING
THE PROPERTY, AND DR. MEEKO STATED THAT HE DID NOT, BUT THAT HE ASKED
THE OWNER ABOUT THE ZONING AND ALSO THE BANK LOOKED INTO IT BEFORE THEY
I
GAVE HIM THE LOAN TO BUILD THE BARN.
CHAIRMAN WODTKE STATED THAT HE REALIZED THE DOCTOR IS IN A
DIFFICULT POSITION. THE FACT REMAINS, HOWEVER, THAT THIS PROPERTY IS
ZONED RESIDENTIAL, THOUGH IT APPEARS SOMEONE HAS MISREPRESENTED THAT
FACT TO DR. MEEKO. CHAIRMAN WODTKE FELT THE BOARD IS GOING TO HAVE TO
i
LOOK AT THE REQUEST STRICTLY ON THE MERITS OF THE HIGHEST AND BEST USE
OF THE LAND, HE NOTED THAT ONE THING THAT CONCERNS HIM IS THAT THIS WAS
SUBMITTED FOR SITE PLAN APPROVAL AS A PRIVATE OPERATION.
39
BOOK 39 PAGE 289
4W
L
DR. MEEKO STATED THAT IT ORIGINALLY WAS SUBMITTED AS COMMERCIAL,
• tib
BUT THEY WERE ADVISED TO CHANGE IT TO PRIVATE UNTIL THEY COULD GET THE
ZONING STRAIGHTENED OUT. I°
COMMISSIONER LYONS NOTED THAT FROM HIS UNDERSTANDING OF THE 'r
SITUATION, THE SITE PLAN WAS SUBMITTED ON THE BASIS THAT DR. MEE*KO HAD
THE 10 ACRES, PLUS AN OPTION ON ANOTHER 10 ACRES.
DR. MEEKO STATED THAT HE DID OBTAIN AN OPTION AS INSTRUCTED
BUT WAS NOT TOLD HE HAD TO PURCHASE IT.F.
is
COMMISSIONER SIEBERT STATED THAT HE WOULD LIKE TO KNOW WHO i
TOLD THEM AN OPTION WAS ALL THAT WAS NEEDED.
DR. MEEKO ANSWERED THAT HE BELIEVED THE BUILDER TALKED TO
SOMEONE HERE AND WAS ADVISED TO PROCEED THAT WAY. HE STATED THAT THEY '
DON T INTEND TO PASTURE HORSES, AND HE WAS JUST TOLD TO SHOW HE HAD THE
LAND HE COULD USE.
COMMISSIONER SIEBERT INQUIRED ABOUT THE NECESSITY TO FILE
SOME KIND OF DOCUMENT STATING THAT THIS WAS TO BE A NON—COMMERCIAL
OPERATION IN ORDER TO GET A PERMIT TO START CONSTRUCTION.
PLANNING DIRECTOR REDICK PRESENTED AN AFFIDAVIT SIGNED BY RUTH
FINN MEEKO STATING THAT THE SAID PROPERTY WOULD NOT BE USED FOR COMMERCIAL
STABLES -OR FOR ANY COMMERCIAL ENTERPRISE, AS FOLLOWS:
40
BOOK 39 PAGE 290
,-
November 16, 1978
TO WHOM IT MAY CONCERN:
The following described property, belonging to Dr. Robert F.
Meeko, will not be used as commercial stables or for any commercial
enterprise:
The south 2 of the north 2 of the SW -1-4 of the SW4 of
Sec. 32, Twp. 31S, Range 39E, less the W 25 feet thereof
for road r/w/, and also, less the E 150 feet of the W
175 feet of the S 10 feet thereof, containing 9.9 acres
more or less, and N 2 of S , of SW4 of SW4 of Sec. 32,
Twp. 31 S, Range 39 E, less the West 25 feet thereof for
road r/w and also less the E 139 feet of W 164 feet of
N 143 feet thereof containing 9.47 acres more or less.
All of above 19.37 acres more or less.
Ruth Ann fieeko
STATE OF FLORIDA,
"• COUP. TY OF Ii:J `+`! RIVER.
BEFORE ME
THIS / i.r ;' r? ...- D. 19
Ps'?7'r�RY
wjwe rahk Sft% el ROA -3e of fat"
MY Commission Expires March 29, 1980
COMMISSIONER SIEBERT.STATED THAT SINCE A SWORN STATEMENT WAS
MADE THAT THIS WAS NOT TO BE A COMMERCIAL STABLE, HE.DID NOT SEE ANY
HARDSHIP.
41
ROOK 39 PACE 291
COMMISSIONER LOY ASKED IF THEY PURCHASED THE PROPERTY AND
PROCEEDED WITH A CONTRACT FOR CONSTRUCTION WITHOUT EVER CHECKING ON HOW
THE PROPERTY WAS ZONED, AND DR. MEEKO SAID THEY HAD THOUGHT IT WAS
AGRICULTURAL.
DALE COLEEN, VICE PRESIDENT OF THE SUN BANK OF FORT PIERCE,
INFORMED THE BOARD THAT AFTER DR. MEEKO APPLIED TO THEM FOR THE LOAN,
HE PERSONALLY CALLED THE ZONING OFFICE IN VERO AND ASKED ZONING DIRECTOR
DEWEY WALKER IF THE PROPERTY IN QUESTION COULD BE USED FOR STALLS FOR
HORSES. HE STATED THAT MR. WALKER ASKED HIM FOR A DESCRIPTION OF THE
PROPERTY, BUT WHEN HE HAD A PROBLEM LOCATING THE LEGAL DESCRIPTION IN
HIS FILES, MR. WALKER TOLD HIM TO JUST TELL HIM WHERE IT WAS LOCATED,
MR. COLEEN CONTINUED THAT HE GAVE MR. WALKER A GENERAL DESCRIPTION, AND
MR. WALKER STATED THAT PROPERTY IN THAT LOCATION WAS ALL ZONED AGRICUL-
TURAL AND COULD BE USED.FOR THAT PURPOSE.
COMMISSIONER LYONS ASKED IF THERE IS AGRICULTURAL ZONING
ADJACENT TO THIS PROPERTY.
ZONING DIRECTOR WALKER REPLIED THAT THERE IS NOT; THAT IT IS
MOSTLY R-1. HE STATED THAT MR. COLEEN TOLD HIM THE PROPERTY WAS FIVE
MILES WEST OF TOWN AND FIVE MILES NORTH, THIS WOULD PUT YOU ON RANGE
ROAD, WHICH IS AGRICULTURAL.
K
RUTH MEEKO CAME BEFORE THE BOARD AND.REVIEWED THE BACKGROUND
OF HOW SHE AND HER FATHER HAPPENED TO PURCHASE THIS PROPERTY. SHE STATED
THEY ASKED FOUR OR FIVE TIMES WHETHER IT WAS AGRICULTURAL AND WERE
ASSURED THAT IT WAS SO THEY WENT AHEAD AND BOUGHT THE PROPERTY. SHE
NOTED THAT RIGHT ACROSS THE STREET THERE ARE COWS, AND IT IS AGRICULTURAL
EXCEPT FOR 330' ALONG LATERAL A. SHE STATED THAT SHE WANTED THIS FOR A
COMMERCIAL PROPERTY TO USE FOR GIVING RIDING LESSONS AND FOR RENTING
STALLS. MISS MEEKO STATED THAT IT IS A CLASSY LOOKING BARN, AND THEY
HOPED TO ENHANCE THE COUNTY BY PROVIDING AN ENDEAVOR IT -NEEDS. SHE
FURTHER NOTED THAT WHEN THEY LOOKED INTO BUYING THE ADDITIONAL 10 ACRES,
THE OWNER RAISED THE PRICE. SHE STATED THAT SHE WOULD HAVE LOVED TO
HAVE THE EXTRA PROPERTY, BUT IT WASN'T FEASIBLE WITH THE MONEY THEY HAD
ALREADY ALLOCATED.
42
39 PACE 292
J
CHAIRMAN WODTKE POINTED OUT THAT EVEN IF THEY HAD OBTAINED THE
OTHER 10 ACRES, IT STILL WOULD NOT PERMIT A COMMERCIAL OPERATION.
MISS MEEKO CONTINUED TO EXPLAIN HOW THEY WERE.ADVISED TO
PROCEED, NOTING THAT THEY TALKED TO A LOT OF PEOPLE IN THE ZONING DEPART-
MENT ABOUT IT. SHE CONTINUED THAT SHE DID SIGN A DOCUMENT STATING THAT
THEY WOULD NOT USE IT FOR A COMMERCIAL STABLE UNTIL THEY GOT THE ZONING
CHANGE.
CHAIRMAN WODTKE ASKED IF THE SITE PLAN WAS APPROVED ON THE
BASIS OF THEM HAVING ZO ACRES OF LAND, AND MISS MEEKO FELT IT WAS ON.
THE BASIS THAT THEY WERE APPLYING FOR THE ADDITIONAL PIECE OF LAND.
SHE STATED THAT THEY DID NEGOTIATE FOR ABOUT THREE MONTHS TRYING TO
PURCHASE IT.
COMMISSIONER LOY ASKED WHERE THE FIRST FLAG WAS RAISED INDI-
CATING THAT EVERYTHING WASN`T RIGHT.
MISS MEEKO REPLIED IT WAS IN ZONING WHEN THEY WENT FOR A
BUILDING PERMIT.
PLANNER REDICK STATED THAT HE•HAS IN HIS FILES A NOTICE OF
OPTION ON THE OTHER PIECE OF PROPERTY AND IT SPEAKS SPECIFICALLY TO A
PRIVATE STABLE AND ZO ACRES. THE STAFF RECOMMENDED APPROVAL ON THAT
BASIS. MR. REDICK COMMENTED JHAT WHEN PEOPLE COME INTO THE PLANNING
AND ZONING DEPARTMENT AND ARE TOLD THEY CANNOT DO CERTAIN THINGS, THEY
ASK HOW THEIR PURPOSE CAN BE ACCOMPLISHED AND THE STAFF TRIES TO TELL
THEM HOW IT CAN BE DONE. THIS IS NORMAL PROCEDURE. HE CONTINUED THAT
IF THERE HAD BEEN ANY QUESTION IN HIS MIND WHETHER THIS WAS TO BE A
PRIVATE STABLE OR A COMMERCIAL STABLE, THERE WOULD HAVE BEEN NO PERMIT
ISSUED.
COMMISSIONER SIEBERT EXPRESSED CONCERN ABOUT THE SITE PLAN
BEING APPROVED ON 20 ACRES WHEN 10 ACRES WAS ONLY UNDER OPTION AND
DISCUSSED THE POSSIBILITY OF GETTING A DENSITY CHANGE BASED ON AN OPTION.
MR. REDICK FELT THE ANSWER IS THAT THE CONDITIONS OF THE SITE
PLAN WERE NOT MET, AND THEY WERE STOPPED.
CHAIRMAN WODTKE FELT THAT A BUILDING PERMIT SHOULD NOT HAVE
BEEN ISSUED UNTIL A DEED FOR ALL ZO ACRES WAS PRESENTED, AND THE BOARD
CONTINUED TO QUESTION THE PROCEDURE FOLLOWED.
43
• BOOK 39 PACE 293
J
CHAIRMAN WODTKE COMMENTED THAT ACTUALLY WHAT THE BOARD SHOULD
BE CONSIDERING IS THE REQUEST FOR THE ZONING CHANGE. HE ASKED IF
ANYONE ELSE PRESENT WISHED TO BE HEARD.
BOB HAVILAND, OWNER OF COOKIE'S COWBOY CENTER, INFORMED THE
BOARD THAT HE FELT WHAT MISS MEEKO IS TRYING TO DO IS SOMETHING THAT THE
COUNTY DOES NEED.
CHAIRMAN WODTKE AGREED THAT WE DO NEED'THE SERIVCE, ESPECIALLY
OF THE CALIBER OFFERED BY THESE PEOPLE, BUT WE MUST LOOK AT THE BEST
USAGE OF THE PROPERTY,
COMMISSIONER LOY ASKED ZONING DIRECTOR WALKER WHETHER IT IS
CORRECT THAT THE MAJORITY OF THE LAND IN THIS AREA, NO MATTER HOW IT IS
ZONED, IS BEING USED FOR AGRICULTURAL FUNCTIONS, AND MR, WALKER STATED
THAT IT IS; IT IS MOSTLY IN GROVE AND PASTURE WITH JUST A VERY FEW HOUSES,
COMMISSIONER LOY THEN ASKED IF THE MASTER PLAN SHOWS AGRICUL-
TURE FOR THIS AREA, AND PLANNER REDICK STATED THAT IT SHOWS IT "EITHER/OR."
MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, TO ADOPT ORDINANCE No, 79-7 GRANTING THE REZONING AS REQUESTED,
COMMISSIONER SIEBERT STATED THAT, ALTHOUGH HE IS NOT HAPPY
AT THE WAY THIS CAME ABOUT, HE DOES NOT BELIEVE IT IS AN INCOMPATIBLE
USE, AND.HE FEELS IT IS A NEEDED TYPE OF OPERATION. HE ALSO FELT
AGRICULTURAL IS A HOLDING AREA AND DOES NOT NECESSARILY CONSTITUTE SPOT
ZONING. COMMISSIONER DEESON AGREED.
' COMMISSIONER LYONS STATED THAT HE IS DEFINITELY OPPOSED TO THE
REZONING. HE FELT THAT IT IS SPOT ZONING AND THAT THE WHOLE THING HAS
BEEN HANDLED SLOPPILY BOTH BY THE APPLICANT AND OTHERS. HE ALSO FELT IF
WE ARE GOING TO REZONE, WE SHOULD REZONE THE WHOLE AREA AND NOT JUST
PUT 20 ACRES OF AGRICULTURAL IN THE MIDDLE OF A R-1 ZONE.
COMMISSIONER SIEBERT COMMENTED THAT JUST THIS MORNING WE PUT
A SUBDIVISION IN THE MIDDLE OF AN AGRICULTURAL ZONE. HE FELT WE LIKE
TO MAINTAIN AS MUCH AGRICULTURAL AS POSSIBLE AND STILL RECOGNIZE THE
FACT THAT AGRICULTURAL IN SOME LOCATIONS WILL BE CHANGED TO OTHER USES.
COMMISSIONER LOY ALSO FELT THIS IS A HOLDING ZONE.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED WITH. COMMISSIONER LYONS VOTING IN OPPOSITION.
44
MAR 2 11979
BOOK 39 PAGE 294
I
1
M
ORDINANCE NO. 79-7
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:
.The South I2 of the North 12 of the Southwest 4 of
the Southwest 4, Section 32; Township 31 South,
Range, 39 East; LESS the South 10 feet of the West
150 feet of said property; said land lying and
being in Indian River County, Florida.
Be changed from R-1 Residential to A -Agricultural District.
All with the meaning and intent and as set fortis and described in
said Zoning Regulations.
This Ordinance shall take effect=,Iarch 26, 1979.
w
Be% 39 FACE 295
I
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
NOTICE IS HEREBYE GIVEN that the
Planning and Zoning Commission of Indian
River County, Florida, has tentatively ap- .
COUNTY OF INDIAN RIVER:
proved the following changes and additions to
STATE OF FLORIDA
the Zoning Ordinance of Indian River County,
Florida, which changes and additions are
Before the undersi ned authority
g y personally appeared J. J. Schumann, Jr. who on oath
substantially as follows:
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
1. That the Zoning Map be changed in order
that the following described property situated
at Vero Beach in Indian River Count Florida; that the attached copy of advertisement, being
in Indian River County, Florida, to wit:
•
Tract 16, Section 17, Township 33 South,
Range 39 East, Indian River County Farms
a
Company Subdivision, less canal, as recorded
in the Office of the Clerk of the Circuit Court of
St. Lucie County, in Plat Book 2, page 25, said
in the matter &ASA
land now lying and being in Indian River
of 1-7 >t
��—
County, Florida.
AND
•+
Tract 9, Section 17, Township 33 South,
Range 39 East, according to the last general
plat of lands of the Indian River Farms
Company, less canal, as recorded in Plat Book
in the Court, was pub-
2, page 2S, St. Lucie County, Florida, public
records, said land now lying and being in In.
dian River County, Florida.
Be changed from A -Agricultural District to
lished in said newspaper in the issues of �t'f1%i ®s �
R-IE Residential 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
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
County Courthouse, Vero each, Florida,
Vero Beach, in said Indian River County, and that the said newspaper has hefetofore
continuously published in said Indian River County, Florida, weekly and has been
Thursday, February r 1gin relation Cher after
which said public hearing in relation thereto atbeen
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-
which parties in interest and citizens shall
have an opportunity to be heard will be held by
the Board of County Commissioners of Indian
tiserrent; and affiant further says that he has neither paid nor promised any person, firm or
River County, Florida, in the County Com -
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
mission Room, Indian River County Cour-
tisement for publication in the said newspaper,
thouse, Vero Beach, Florida, on Wednesday,
March 21,1979, at 2:00 P.M.
Board of County Commissioners
Swom to and subscribed before me this day of A.D.
Indian River County
Y.By:
William C. Wodtke Jr., Chairman
E
Indian River County Planning
and Zoning Commission
mess Manager)
By: Dick Bird, Chairman
r
(SEAL)
(Clerk of the Circuit Court, I
THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO MR.
AND MRS. .JOEL P. KEEN BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED
BY FLORIDA STATUTE 125.66.
46
BOOK 39 PAGE 296
MAR 211979
I
o
BOARD OF COUNTY COMMISSIONERS
MpWAM C, WOOTKE, JR., Chairman
ALM LEE LOY, Vice Chairman
WUJJM W. SIEBERT. JR.
R. DON DEESON
PATRICK B. LYONS
JACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach. Florida 32960
February 9, 19 '9 9
Mr. and tars. Joel P. Keen
385 58th: V, enue
Vero Beach, Florida 32960
Dear lir. and firs. Keen:
In compliance with Florida StztuLce 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 follow-
ing described property situated in Indian River County, Florida,
to -wit: '
Tract 16, Section 17, Township 33 South, Range 39 East,
Indian Fiver County Farms Company Subdivision, less
canal, as recorded in the Office of the Clerk of the
Circuit Court of St. Lucie County, in Plat Book 2,.
page 25, said land now lying and being in Indian River
County, Florida;
ME
Tract 9, Section. 17, Township 33 South, Range 39 Easr,
according to the last general plat of lands of the
Indian River Farms Conn, ny, less canal, as recorded in
Plat Book 2, paste 25, St.. Lucie Counr,7, Florida, nub' is
records, said land new lying and being in Indian River I
County, Floriu3.
Be charged from A-hgricultural District to R-lE
Residential 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, March 21, 1979 at 2:00 P.M. +,
Sincerely,
800K 39 PAGE 297
Y PLANNING DIRECTOR REDICK INFORMED THE BOARD THAT THIS 80
ACRE TRACT WAS IN OLD GROVE MOSTLY REMOVED BECAUSE OF AGE, IN THE SOUTH-
EAST CORNER THERE IS ONE RESIDENCE WITH A GROUP OF STORAGE BUILDINGS, AND
IN THE NORTHWEST CORNER THERE HAS BEEN A NEW METAL BUILDING CONSTRUCTED
FOR REPAIR AND STORAGE OF AGRICULTURAL EQUIPMENT. THE INTENT IS TO
REZONE FOR ONE -ACRE LOTS, THE MASTER PLAN SHOWS THE NORTH AS LOW DENSITY
RESIDENTIAL AND THE SOUTH AS AGRICULTURAL WITH OVERLAPPING PRIMARY CITRUS.
ESSENTIALLY THE ZONING BOTH EAST AND WEST IS AGRICULTURAL, AND TO THE
NORTH AND WEST THERE IS A FAIRLY LARGE SIZE AREA OF R-1. MR. REDICK
E`
STATED THE STAFF S PROPOSED 1979 PLAN DESIGNATES THIS AREA AS A TRANSI-
TION AREA AND SUITABLE FOR LOW DENSITY. THE STAFF RECOMMENDS APPROVAL
OF THE ZONING CHANGE, SUBJECT, HOWEVER, TO REMOVAL OF THE BUILDING TO
THE NORTH BEFORE BUILDING A SUBDIVISION. THEY WISH.TO MAKE IT WELL
KNOWN TO THE APPLICANT THAT THIS IS A PROBLEM. MR. REDICK REFERRED TO
THE MINUTES OF THE PLANNING & ZONING COMMISSION AND NOTED THAT MR.
SEXTON WAS VERY CONCERNED WITH REMOVAL OF PRIME CITRUS PROPERTY, AND
MRS. BEINDORF WAS CONCERNED ABOUT TRAFFIC. MR. REDICK FELT THE PLANNING
AND ZONING COMMISSION BASICALLY VOTED TO DENY THE REZONING REQUEST BASED
ON THE NEED FOR CITRUS, THE SOIL CONDITIONS, AND THE POTENTIAL TRAFFIC
HAZARD.
ATTORNEY B. T. COOKSEY CAME BEFORE THE BOARD REPRESENTING
MR. AND MRS. .JOEL KEEN. HE PRESENTED AN AERIAL PHOTO, AND COMMENTED
+ THAT A SUBDIVISION WAS RECENTLY APPROVED RIGHT IN THIS AREA. HE INFORMED
THE BOARD THAT MR. KEEN AGREED THAT IF THE PROPERTY WERE REZONED, HE
WOULD REMOVE THE BARN, ATTORNEY COOKSEY FELT IT IS VERY IMPORTANT TO
GIVE THE BOARD A LITTLE BACKGROUND SO HIS CLIENT CAN GET A FULL HEARING
AND A FAIR HEARING. ATTORNEY COOKSEY NOTED THAT .JOEL KEEN IS A LOCAL
CITRUS MAN AND HAS BEEN IN CITRUS MOST OF HIS LIFE. HE THEN REVIEWED
•''`. MR. KEENS FAMILY HISTORY, NOTING THAT HIS GREAT-GRANDFATHER, EMIL
GOLLNICK, WAS A CITRUS PIONEER, AND HIS GRANDFATHER IS A CITRUS MAN AND
HAS BEEN FOR 60 YEARS. HIS UNCLES ALSO HAVE BEEN IN THE CITRUS BUSINESS
IN THIS COMMUNITY, AND HIS MOTHER IS IN THE CITRUS BUSINESS. ATTORNEY
COOKSEY CONTINUED THAT THIS PROPERTY WAS PLACED IN CITRUS GROVES IN
48
MAR 2 11979
BOOK 39 PACE 298
ABOUT 1934 AND STAYED THAT WAY UNTIL THE LAST COUPLE OF YEARS. HE
NOTED THAT THE SURROUNDING AREA IS MOSTLY COUNTRY HOMES, AND ITS
CHARACTER HAS BEEN ESTABLISHED AS TRANSITIONAL. ATTORNEY COOKSEY STATED
THAT THEY FEEL THE HIGHEST AND BEST USE OF THIS LAND IS R-lE,-WHICH IS
WHAT THEY ARE SEEKING. HE POINTED OUT THAT THE COMPREHENSIVE LAND USE
PLAN ADOPTED IN 1976 SHOWS THE NORTHERN HALF IN LOW DENSITY RESIDENTIAL,
AND FURTHER NOTED THAT THE COUNTY PLANNING DEPARTMENT STUDIED THIS
APPLICATION AND RECOMMENDED THAT THE PROPERTY BE REZONED TO R-lE.
ATTORNEY COOKSEY COMMENTED THAT WHEN THE APPLICATION WAS FILED AND IT
WENT BEFORE THE PLANNING AND ZONING COMMISSION TO GET APPROVAL TO
ADVERTISE FOR A PUBLIC HEARING, ONE OF THE BOARD MEMBERS VOTED NOT TO
ALLOW A PUBLIC HEARING. THE HEARING WAS HELD, HOWEVER, AND THERE WERE
NO OBJECTIONS FROM SURROUNDING PROPERTY OWNERS OR ANYONE ELSE, ATTORNEY
COOKSEY CONTINUED THAT AT THIS HEARING, HE MADE HIS PRESENTATION AND
MR. REDICK SPOKE IN FAVOR OF THE PROPOSED REZONING; HE COMMENTED THAT
THEY WERE ASKED NO QUESTIONS AT ALL, AND THE PUBLIC HEARING WAS CLOSED.
ONE OF THE PLANNING AND ZONING BOARD MEMBERS THEN SPOKE AT LENGTH OF HIS
PERSONAL OBJECTION TO REZONING CITRUS LAND TO'HOME SITES, STATING THAT
THIS WAS PRIME CITRUS AND HE FELT IT SHOULD NOT BE REZONED. ONE OF THE
OTHER ZONING COMMISSIONERS BROUGHT UP THE PROBLEM OF TRAFFIC IN SPITE
OF THE FACT THAT THE PLANNING DEPARTMENT HAD STATED THE PROPOSED'DENSITY
WOULD NOT SUBSTANTIALLY INCREASE TRAFFIC. ATTORNEY COOKSEY CONTINUED
THAT ANOTHER COMMISSIONER STATED THAT HE AGREED WITH THE SPEAKER, BUT
DID NOT DELINEATE; A FOURTH COMMISSIONER WAS UNCLEAR; AND THE FIFTH
COMMISSIONER VOTED IN FAVOR OF THE PROPOSED REZONING.
ATTORNEY COOKSEY POINTED OUT THAT THE FAMILY WHO OWNS THIS
LAND ARE AND HAVE BEEN CITRUS PEOPLE FOR MANY LONG YEARS, AND THEY HAVE i
CONCLUDED THAT IT IS NO LONGER ECONOMICALLY FEASIBLE FOR THEM TO KEEP
THIS PROPERTY IN CITRUS BECAUSE OF THE SOIL CONDITIONS AND THAT IT WAS
NECESSARY TO BULLDOZE IT OUT. ATTORNEY COOKSEY CONTINUED THAT THE
"CITRUS LINE, "WHICH WAS GIVING THE PLANNING AND ZONING COMMISSIONERS
TROUBLEIWILL BE MOVED TO THE WEST UNDER THE NEW PLAN, AND -THE SUBJECT
PROPERTY WILL NOT BE IN THAT CITRUS AREA. HE NOTED THAT THE ZONING
49
MAR 2 11979
BOOK 39 PAGE 299
COMMISSIONER WHO SPOKE SO VEHEMENTLY AGAINST THE PROPOSED REZONING
STATED THAT YOU CAN T PAY OVER $1,000 AN ACRE FOR CITRUS, MR. KEEN S
TAX BILLS SET A VALUE OF $2,600 AN ACRE. FURTHER, BECAUSE OF THE
ECONOMIC SITUATION IN THE CITRUS BUSINESS TODAY, 80 ACRES IS NOT REALLY
AN ECONOMICAL UNIT FOR A COMMERCIAL GROWER. MR. COOKSEY NOTED THAT
THERE HAS BEEN A SHIFT IN THE CITRUS LANDS FROM THE EARLIEST YEARS, AND
THE BIG COMMERCIAL GROWERS HAVE GONE FROM THE TRANSITIONAL ZONE OUT TO
THE DRAINAGE DISTRICT. HE FELT WE HAVE GOT TO RECOGNIZE THIS METAMOR-
PHOSIS AND STATED THAT HE FEELS THERE IS A DEFINITE NEED FOR COUNTRY
HOME PLOTS. ATTORNEY COOKSEY STATED THAT HE DID NOT FEEL THE 4 TO I
VOTE SHOULD PREJUDICE THIS COMMISSION. HE POINTED.OUT THAT WHILE A
PLANNING AND ZONING COMMISSIONER STATED THAT THIS LAND IS PRIME CITRUS,
HE CAN GET HIS CLIENT TO TESTIFY THAT IT IS NOT.
COMMISSIONER SIEBERT ASKED,IF THEY ARE CONTENDING THAT THIS
LAND IS NOT PRIME CITRUS LAND, WHY IS IT THAT PROPERTY IN THE IMMEDIATE
VICINITY HAS BEEN NEWLY PLANTED IN CITRUS.
ATTORNEY COOKSEY EXPLAINED THAT PROPERTY OVER THE YEARS WAS
SOLD TO CHARLIE GOLLNICK AND HIS WIFE. HIS WIFE WANTS TO TRAIN HORSES
OUT THERE, AND THEY ARE UTILIZING THE FRONT OF THE PROPERTY BY PLANTING
RED GRAPEFRUIT. »
COMMISSIONER SIEBERT ASKED IF THE CITRUS OPERATION IS THE
SECONDARY USE OF THE LAND, AND .JOEL KEEN EXPLAINED ABOUT REBEDDING OF
THE GROVE. HE STATED THAT HE HAS BEEN IN THE GROVE BUSINESS ALL OF HIS
LIFE AND REPLANTING ESCALATES REAL HIGH; IT JUST IS NOT ECONOMICALLY
FEASIBLE IN THIS CASE. HE STATED THAT HE WOULD LIKE TO SELL THE PROPERTY
UNDER DISCUSSION AND GET BACK INTO AGRICULTURE.
COMMISSIONER SIEBERT ASKED IF HE HAD DONE ANY REPLANTING IN
THIS GROVE, AND MR, KEEN STATED THAT WHEN HE GOT DIVORCED, HIS WIFE GOT
THE NEW GROVE AND HE GOT THE OLD ONE, AND IT WAS NOT SUITABLE FOR
REPLANTING..
CHAIRMAN WODTKE ASKED IF ANYONE PRESENT WISHED TO BE HEARD,
PENNY MICHAUD INFORMED THE BOARD THAT SHE.HAS A.HOUSE JUST
NORTHWEST OF THIS PROPERTY. SHE FELT WE HAVE A GREAT DEAL OF NEED TO
50
BOOK 39 PAGE 300
HAVE CONTROLLED GROWTH IN THE COUNTY, AND STATED SHE WOULD MUCH RATHER
SEE THIS PROPERTY ZONED R-lE THAN THREE OR FOUR YEARS DOWN THE ROAD SEE
IT ZONED R-1 AND HAVE 75' LOTS.
DISCUSSION AROSE ABOUT WELLS FOR SO LOTS, AND ATTORNEY COOKSEY
POINTED OUT THAT THE WELLS THAT SERVICE AGRICULTURE ARE ARTESIAN, AND
HE DID NOT BELIEVE SURFACE WELLS WOULD HAVE ANY ADVERSE AFFECT ON THEM.
HE ALSO STATED THAT THERE IS AN ADEQUATE SUPPLY IN THE SHALLOW AQUIFER
BECAUSE THIS IS IN THE HIGH YIELD AREA.
CHAIRMAN WODTKE EXPRESSED CONCERN THAT, ALTHOUGH R-lE IS THE
HIGHEST ZONING, THAT WITH SO HOMESITES THERE MIGHT BE SOME TRAFFIC
PROBLEM. HE ALSO DISCUSSED THE SOIL IN THIS AREA, BUT NOTED IT IS NOT
THE BOARDS CONCERN AS TO WHAT IT WILL TAKE TO UTILIZE THE PROPERTY
BECAUSE THAT WILL BE ADDRESSED AT SITE PLAN APPROVAL.
ATTORNEY COOKSEY STATED THAT THE PROPERTY IS A NET 73 ACRES,
AND THERE IS A LOW SPOT IN THE NORTHWEST CORNER, WHICH HE DID NOT FEEL
WOULD PRESENT ANY PROBLEM,
COMMISSIONER LYONS NOTED THAT IN REGARD TO A TRAFFIC PROBLEM,
THIS PROPERTY HAS PLENTY OF PAVED ACCESS,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUS -.Y CLOSED THE PUBLIC HEARING.
ADMINISTRATOR JENNINGS COMMENTED THAT WHEN THIS DOES GO INTO
SUBDIVISION REVIEW, ADDITIONAL RIGHT-OF-WAY MAY BE REQUIRED ON KINGS
HIGHWAY, WHICH IS NORMAL POLICY.
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
SIEBERT, TO ADOPT ORDINANCE N0. 79-8 GRANTING THE REZONING TO R-lE WITH
THE FOLLOWING COMMENTS:
THAT THE STORAGE REPAIR AND SERVICE BUILDINGS SHOULD BE REMOVED
FROM THE PROPERTY;
THAT ADDITIONAL RIGHT-OF-WAY ON KINGS HIGHWAY SHOULD BE OBTAINED;
AND
THAT THE PLAT OF RECORD SHOULD SHOW THAT THE SUBDIVISION IS
LOCATED WITHIN AN AGRICULTURAL AREA AND'NORMAL AGRICULTURAL
ACTIVITIES SUCH AS AERIAL SPRAYING, ETC., ARE TO BE ANTICIPATED.
ATTORNEY COOKSEY SAW NO PROBLEM WITH THE ABOVE.
51
• Boa 39 Par,E 341
•
COMMISSIONER SIEBERT STATED THAT HE HATED TO SEE THE PROPERTY
GO INTO DEVELOPMENT INSTEAD OF CITRUS, BUT FELT TO BE CONSISTENT, HE
MUST.VOTE FOR THE PROPOSED CHANGE.
CHAIRMAN WODTKE COMMENTED THAT HE ALSO IS SORRY TO SEE THIS
PROPERTY GO INTO DEVELOPMENT, BUT APPARENTLY THERE ARE SOME PROBLEMS
WITH THE AGRICULTURAL USAGE AND THIS IS THE BEST USE OF THE LAND UNDER
THE EXISTING CONDITIONS. HE STATED HE PERSONALLY WISHED IT COULD GO
INTO FIVE ACRE TRACTS AND REMAIN AGRICULTURAL.
COMMISSIONER LOY FELT THIS IS A PERFECT EXAMPLE OF WHERE WE
HAVE SAID AGRICULTURAL IS A HOLDING ZONE, AND WE HAVE TESTIMONY FROM
THOSE IN THE AGRICULTURAL BUSINESS THAT IT IS TIME TO CHANGE,
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
MAR 211979
52
BOOK 39 RAGE
ORDINANCE NO. 79-8
t
WHEREAS, the Board of County Commissioners of Indian River County,
Florida, did publish and se.nd 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
O
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:
Tract 16, Section 17, Township 33 South, Range 39
East, Indian River Farms Company Subdivision, less canal, as
recorded in the Office of the Clerk of the Circuit Court of
St. Lucie County, in Plat Book 2, page 25, said land now lying
and being in Indian River County, Florida,
AND ALSO, South 2 of Tract 9, Section 17, Township 33 South,
Range 39 East, Indian River Farms County Subdivision, less
canal, as recorded in the office of the Clerk of the Circuit
Court of St. Lucie County in Plat Book 2, page 25, said land
now lying and being in Indian Rfver County, Florida
AND ALSO, North 2 of Tract 9, Section 17, Township 33 South,
Range 39 East, according to the last general plat of lands
of the Indian River Farms Company recorded in Plat Book 2,
page 25, St. Lucie County, Florida, public records, said
land now lying and being in Indian River County, Florida.
Be changed from A -Agricultural District to R -1E Residential
District.
All with the meaning and intent and as set forth and described in
said Zoning Regulations.
This Ordinance shall take effect March 26, 1979.
BOOK 39 PACE 303
•
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
a_► /
in the matter of IJ
Si IAI
moi—. Ic t4.1'��•/ r!� rr=d b �-� . !
W
in the ( Court, was pub-
':shed in said newspaper in the issues of
d
Affiant further says that the said Vem Beach Press-Jouinal 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 Beacn, in said Indian River County, Florida
tar a period of one year next preceeding the first publication of the attached copy of adver-
tssernent; and affiant further says that he has neither paid nor promised any person, firm or
crporation 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 day of ; - A.D !. 7,L
_ (Bu ess Manager)
is1:Au (Clerk of the Circuit Court, Indian Iver County, Florida)
NOTICE
NOTICE IS HEREBY GIVEN that the
Planning and Zoning Commission of Indian
River County, Florida, has tentatively ap.
proved the following changes and additions to
the Zoning Ordinance of Indian River County,
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:
The west ih of the N W b4 of the SWT/4 of the
NWIA of Section 18, Township 33 South, Range
40 East
AND
The east rh. of the NW14 of the SWI/4 of the
NWIA of Section 18, Township 33 South, Range
40 East
Be changed from R -IA single family
Residential District to R -2C multiple family
Residential District;
AND
The SI/2 of the SWT/4 of the S W V4 of the N W I/4
of Section 18, Township 33 South, Range 40
East
Be changed from R-1TM Transient Mobile
Home District to R -2C Multiple Family
Residential District;
AND
The South 150 feet, less a parcel being the
West 660 Feet parallel with the center line of
U.S. Highwy No. t, of the NWu4 of the Si/x of the
SEI/4 of the NEI/4 lying East of U.S. Highway
No.- I, Section 13, Township 33 South, Range 40
East, Indian River County, Florida.
Be changed from R-1TM Transient Mobile
Home District to R-2 multiple family
Residential District.
A public hearing in relation thereto at which
parties in interest and citizens shall have an
opportunity to be heard, will be held by said
Planning and Zoning Commission in the
County Commission Room, Indian River
County Courthouse, Vero Beach, Florida,
Thursday, February 8,1979, at 7:30 P.M., after
which said public hearing in relation thereto at
which parties in interest and citizens shall
have an opportunity to be heard will be held by
the Board of County Commissioners of Indian
River County, Florida, in the County Com-
mission Room, Indian River County Cour.
thouse, Vero Beach, Florida, on Wednesday,
March 21,1979, at 2:00 o'clock P.M.
Board of County Commissioners
Indian River County
By: William C. Wodtke Jr., Chairman
Indian River County Planning
and Zoning Commission
By: Dick Bird, Chairman
Jan. 19, 21,1979.
THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO THE
PROPERTY OWNERS BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY
FLORIDA STATUTE 125.66.
LIAR 211979
54
BOOK 39 PAACf�
v�r..�w v. vvvr.. 1 VVIYIIYIIJJ�VIrLIIJ
WILLIAM C. WODTKE, JR., Chairman
ALMA LEE LOY, Vice Chairman
WILLIARD W. SIEBERT, JR.
_ R. DON DEESON
PATRICK B. LYONS
JACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach. Florida 32980
• f
February 9, 1979
T0: Charles R. Sexton and Dale Talbert, Jr.
Ernest J. and -Elsie Miller
Chester and Sophie G. Rybacki
Marvin W. and.Helen F. Olson
Dear Property Owners: i+
In compliance with Florida Statute 125.66 the following
is a Notice of Public Hearing for rezoning as requested by
the Indian River County Planning and Zoning Department.
NOTICE
The Zoning Map will be changed in order that the follow-
ing described property situated in Indian River County,
Florida, to -wit:
The west:1/2 of the NW 1/4 of the SW 1/4 of the '
NW 1/4 of Section 18, Township 33 South, Range
40 East;
AND
The east 1/2 of the NW 1/4 of the SW 1/4 of the
NW 1/4 of Section 18, Township 33 South, Range
40 East:
i
Be changed from R -IA Single Family Residential i
District to R -2C Multiple Family District; '
AND
The S 1/2 of the SW 1/4 of the SW 1/4 of the
Nu 1/4 of Section 18, Township 33 South, Range
40 East
Be changed from R-1TM Transient Mobile -Home District f'
to R -2C Multiple Family District;
I
AND
The South 150 feet, less a parcel being•the West j
660 feet parallel with the center line of U. S.
Highway
No. 1, of the NW 1/4 of the S 1/2 of the
SE 1/4 of the NE 1/4 lying East of U.S. Highway
No. 1, Section 13, Township 33 South, Range 40
East, Indian River County, Florida
Be changed from R -1T14 Transient1Mobile Home District j.
to R-2 Multiple Family District. f'
A public hearing in relation thereto will be held by
the Board of County Commissioners of Indian River Count;7,
Florida in the County Commission Room in the County Court-
house, Vero- Beach, Florida on -Wednesday, March 21, 1979
at 2:00 P.M.
Sincerely,Jz
!'
Freda Wright
Clerk
FW: of ASG 39 PACE 305
MAR 2.1 1979
0
p •.
PLANNING DIRECTOR REDICK NOTED THAT A FEW MONTHS AGO AN AREA
BEHIND MCKEE .JUNGLE GARDENS WAS REZONED AT THE REQUEST OF VISTA PROP-
ERTIES TO R -2C. WITHIN THE AREA REZONED TO R -2C,_ THERE WERE A FEW
SCATTERED PARCELS THAT WERE NOT INCLUDED - ONE THAT REMAINED'R-IA AND
TWO THAT REMAINED R-17. THE PLANNING & ZONING COMMISSION, THEREFORE,
DECIDED TO HOLD A HEARING ON CHANGING THE PARCELS THAT DID NOT CONFORM
TO THE MEDIUM DENSITY TO R-2 OR R -2C. MR. REDICK CONTINUED THAT THE
PROPERTY IS SHOWN ON THE MASTER PLAN AS MEDIUM DENSITY AND ALL THE
ABUTTING PROPERTY, WITH THE EXCEPTION OF THE COMMERCIAL, IS ZONED FOR
MEDIUM DENSITY. THE CHANGE IN ZONING WAS DESIGNED TO MAKE THE AREA
HOMOGENEOUS. HE NOTED THAT THE STAFF HAD ONE OBJECTION FROM MR. CHESTER
RYBACKI WHO OWNS ANON -CONFORMING MOBILE HOME PARK ON THIS PROPERTY WITH
A SMALL PART OF IT GOING BACK INTO THE R-2. MR. RYBACKI WISHES HIS
PROPERTY TO REMAIN R-1TM BECAUSE HE INTENDS TO EXPAND THE MOBILE HOME
PARK. STAFF OPINION WAS THAT IT SHOULD NOT BE EXPANDED BECAUSE IT IS
A NON -CONFORMING PARK. THEY FELT MULTI -FAMILY WAS BETTER SUITED TO
THE AREA. MR. RYBACKI AND HIS ATTORNEY, RICHARD BOGOSIAN, OBJECTED,
STATING THAT THE MOBILE HOME PARK WAS A VIABLE OPERATION, WAS TO BE
EXPANDED AND THERE WAS EXISTING SEWERAGE FACILITIES AND ADDITIONAL SPACE
AVAILABLE THAT IS PROPERLY ZONED. MR. REDICK STATED THAT THE PLANNING
& ZONING COMMISSION VOTED TO CHANGE THE R -IA To R -2C; TO CHANGE THE FRONT
PARCEL OF R-17 To R-2; AND TO LEAVE THE .REAR PARCEL OF R-1TM ZONED AS
IT WAS AS REQUESTED BY MR. RYBACKI.
CHAIRMAN WODTKE ASKED IF THE PROPERTY EAST OF U. S. 1 ZONED
C-1 IS OWNED BY VISTA PROPERTIES, AND MR. REDICK STATED THAT IT IS. HE
EXPLAINED THAT THE EXISTING MOBILE HOME PARK IS ACTUALLY IN THE C-1. IT
IS A LEGAL NON -CONFORMING USE. THE OTHER R-17 IS PRESENTLY IN GROVE.
COMMISSIONER SIEBERT DISCUSSED THE COMMENTS MADE BY STAFF THAT
't THE EXISTING MOBILE HOME PARK IS SUB -STANDARD AND IN A LOW LYING AREA,
BUT NOTED THAT THE STAFF APPARENTLY HAD NO OBJECTION IF IT WERE ZONED
TO A MOBILE HOME PARK ZONE.
MR, REDICK NOTED THAT THERE IS A LOW SPOT AROUND THE SEWERAGE
PLANT, AND EXPLAINED THAT SINCE THIS AREA IS A NON -CONFORMING USE, IF IT
IS GOING TO BE EXPANDED, IT SHOULD ALL BECOME MOBILE HOME PARK.
61.1
wK 39 PAGE 3®6
COMMISSIONER SIEBERT FELT THAT THIS MIGHT CONSTITUTE SPOT
ZONING, AND PLANNER REDICK AGREED IT MIGHT TO SOME EXTENT, BUT SINCE IT
DOES EXIST, THEY WOULD RATHER MAKE IT CONFORMING SO IT COULD MORE EASILY
BE UPGRADED.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD.
ATTORNEY BOGOSIAN INFORMED THE BOARD THAT HE IS REPRESENTING
MR. AND MRS. RYBACKI AND MR. AND MRS. GILLEN. HE PRESENTED ATTORNEY
COLLINS A DEED SHOWING OWNERSHIP AND LEGAL DESCRIPTION.
ATTORNEY BOGOSIAN INFORMED THE BOARD THAT MR. AND MRS. RYBACKI
BOUGHT THE PROPERTY BACK IN 1974 AS A MOBILE HOME PARK. THEY SPENT
MONEY TO UPGRADE THE SEWER PLANT AND EXPAND THE WATER PLANT AND ALSO
SPENT MONEY ON FILL AND PUT IN AN UNDERGROUND ELECTRICAL SYSTEM, ALL
WITH THE INTENTION OF GETTING INTO THE BACK FIVE ACRES, MR. AND MRS.
rRYBACKI SOLD MOST OF THE PARK TO THEIR DAUGHTER AND SON-IN-LAW, THE
GILLENS, AND THE RYBACKIS OWN THE REAR AREA. HE CONTINUED THAT VISTA
PROPERTIES ARE PURCHASING OTHER PARCELS IF THEY ARE ZONED R -2C, BUT HIS
CLIENTS ARE NOT -WILLING TO SELL BECAUSE -OF PLANS TO EXPAND. HE STATED
THAT VISTA PROPERTIES HAD NO PROBLEM WITH THIS AND STATED THAT COULD
DEVELOP AROUND IT. ATTORNEY BOGOSIAN NOTED THAT IF THIS WERE REZONED
R -2C, IT WOULD BE RIGHT NEXT» TO COMMERCIAL, AND IN ADDITION, •IT WOULD
BE USELESS BECAUSE THERE IS NO ACCESS TO THE REAR EXCEPT THROUGH THE
MOBILE HOME PARK. THUS, THE RYBACKIS COULD ONLY SELL IT TO VISTA
PROPERTIES ON THEIR TERMS AND CONDITIONS.
ATTORNEY COLLINS POINTED OUT TO THE BOARD THAT THIS REZONING
REQUEST WAS INITIATED BY THE PLANNING AND ZONING COMMISSION, AND THEN
THEY DECIDED TO LEAVE THE RYBACKIS PROPERTY AS IT WAS. HE, THEREFORE,
FAILED TO SEE WHY THE BOARD IS CONSIDERING THIS PIECE OF PROPERTY AT ALL.
AFTER FURTHER DISCUSSION, THE BOARD AGREED.
THE CHAIRMAN ASKED IF ANYONE ELSE WISHED TO BE HEARD. THERE
WERE NONE.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE No. 79-9 REZONING THE
WEST 1/2 OF THE NW 1/4 OF THE SW 1/4 OF THE NW 1/4 OF SECTION IS, TOWN-
SHIP 33 SOUTH, RANGE 40 EAST, AND'THE EAST 1/2 OF THE NII 1/4 OF THE
57
MAR 211979
r 39 PA-UE307
SW 1/4 OF THE NW 1/4 OF SECTION 18, TOWNSHIP 33 SOUTH, RANGE 40 EAST,
TO R -2C; AND THE SOUTH ISO', LESS A PARCEL BEING THE W 660' PARALLEL
WITH THE CENTER LINE OF U. S. HIGHWAY N0. 1, OF THE NW 1/4 OF THE S 112
OF THE SE 1/4 OF THE NE 1/4 LYING EAST OF U. S. HIGHWAY N0. 1, SECTION
13, TOWNSHIP 33 SOUTH, RANGE 40 EAST, TO R-2,
ORDINANCE NO. 79-9
WHEREAS, the Board of County Commissioners of Indian River County,
Florida, did publish and send its Notice of Intent to rezone the herein-
after 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:
The west i of the NWk of the SW34 of the NW114 of
Section 18, Township 33 South, Range 40 East
AND
The east h of the NWh of the SWk of the NWk of
' Section 18, Township 33 South, Range 40 East
Be changed from R -1A Single Family Residential District
to R -2C Multiple Family Residential District;
AND
The South 150 feet, less a parcel being the West 660 feet
parallel with the center line of U. S. Highway No. 1, of
the NW114 of the Sk of the SEk of the NEk lying East of
U. S. Highway No. 1, Section 13, Township 33 South, Range
40 East, Indian River County
Be changed from R-1TM Transient Mobile Home District to
R-2 Multiple Family Residential District.
All with the meaning and intent and as set forth and described in
said Zoning Regulations.
This Ordinance shall take effect March 26, 1979.
1. BOOK 39 PAGE 308
J
x:
CHAIRMAN WODTKE COMMENTED THAT AFTER VIEWING THE CONDITION
OF THE MOBILE HOME AREA IN THE PICTURES PRESENTED TO THE BOARD, HE
WOULD ASK THE ZONING DIRECTOR TO VISIT THE AREA AND CHECK THE CONDITION
OF THE PARK CLOSELY TO DETERMINE IF THERE ARE ANY VIOLATIONS.
PLANNING & ZONING DIRECTOR REDICK, WHO IS LEAVING TO TAKE THE
.POSITION OF PLANNING DIRECTOR FOR PALM BEACH COUNTY, THANKED THE BOARD
FOR THEIR COOPERATION IN WORKING WITH HIM OVER THE LAST TEN MONTHS, AND
NOTED THAT SOMETIMES OPPORTUNITIES ARISE THAT YOU JUST CAN'T PASS UP.
CHAIRMAN WODTKE EXPRESSED THE BOARD'S THANKS FOR MR. REDICK'S
SERVICES TO THE COUNTY AND PRESENTED HIM WITH RESOLUTION N0. 79-31.
CHAIRMAN WODTKE THEN CALLED FORWARD ASSISTANT PLANNER BERG,
WHO ALSO IS LEAVING TO BE PLANNING DIRECTOR FOR THE CITY OF PUNTA GORDA,
AND PRESENTED HIM WITH RESOLUTION No. 79-30 EXPRESSING THE BOARD'S
APPRECIATION OF HIS SERVICES.
ADMINISTRATOR .JENNINGS DISCUSSED REQUEST MADE BY SUSAN THOMAS
FOR ABANDONMENT OF A PORTION OF 10TH STREET IN GLENDALE LAKES SUB-
DIVISION. HE EXPLAINED THIS PORTION OF..•10TH STREET DOES NOT CONTINUE
ON THROUGH TO 43RD AVENUE, BUT ENDS AT A HORSE PASTURE, HE STATED THAT
HE HAS NO REAL OBJECTION TO SUCH AN ABANDONMENT, BUT NOTED THAT WHEN
YOU ABANDON STREETS, HALF OFtTHE PORTION ABANDONED GOES TO EACH ADJOINING
PROPERTY OWNER.
MRS. THOMAS INFORMED THE BOARD THAT THIS PORTION OF 10TH
' STREET, WHICH SHE BELIEVED IS ABOUT 30' WIDE, IS FENCED ON THE NORTH
AND IS ALL OVERGROWN, WHICH CONCERNS HER SINCE SHE HAS PRE-SCHOOL
CHILDREN.
COMMISSIONER SIEBERT FELT BOTH PROPERTY OWNERS HAVE TO.REQUEST
THE ABANDONMENT, AND ATTORNEY COLLINS NOTED THAT THE ISSUE BEFORE THE
BOARD TODAY IS WHETHER TO AUTHORIZE A PUBLIC HEARING TO CONSIDER THE
ABANDONMENT.
IN FURTHER DISCUSSION, IT WAS NOTED THAT MS. DOROTHY CAHILL
IS'THE OTHER ADJOINING OWNER, AND IT WAS SUGGESTED THAT MRS. THOMAS
CONTACT MRS. CAHILL TO SEE WHAT COULD BE WORKED OUT REGARDING THE HALF
THAT WOULD REVERT TO MRS. CAHILL.
I
Bwx 39 PAN
MAR 2 11979
ZONING DIRECTOR WALKER VOICED THE OPINION THAT THIS HALF WOULD
REVERT TO THE ORIGINAL DEVELOPER OF GLENDALE LAKES SUBDIVISION WHO WAS
THE ORIGINAL OWNER, AND NOT MRS. CAHILL, BUT THE BOARD.INFORMED HIM
THAT IT WOULD REVERT TO THE PRESENT OWNER OF THE ADJOINING PROPERTY.
ON MOTION MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO ADVERTISE A
PUBLIC HEARING IN REGARD TO THE ABANDONMENT OF THAT PORTION OF LOTH
STREET LYING NORTH OF LOT 1, BLOCK 1, GLENDALE LAKES SUBDIVISION, AND
EAST OF THE EAST RIGHT-OF-WAY LINE OF 44TH COURT.
THE ADMINISTRATOR INFORMED THE BOARD THAT CITY ENGINEER ROBERT
LLOYD IS HERE TO REQUEST THE COUNTY TO ACCEPT THE INDIAN RIVER MEMORIAL
HOSPITAL ACCESS ROAD, WHICH GOES INTO THE HOSPITAL FROM U. S. HIGHWAY 1.
ADMINISTRATOR JENNINGS NOTED THAT SEVERAL YEARS AGO THE HOSPITAL BOARD
ASKED THE COUNTY TO PARTICIPATE IN CLEARING THE ROAD AND TO DO THE
GRADING, ETC. THEY REIMBURSED THE COUNTY FOR WHAT WE DID, AND THEY ASKED
AT THAT TIME IF WE WOULD MAINTAIN IT. HE STATED THEY WERE INFORMED THAT
THE ROAD HAD TO BE DONE IN ACCORDANCE WITH COUNTY SPECIFICATIONS. THE
ADMINISTRATOR CONTINUED THAT THE ROAD HAS BEEN BUILT AS REQUIRED, AND
THEY NOW ARE ASKING THE COUNTY TO ASSUME MAINTENANCE OF THE ROAD.
ADMINISTRATOR .JENNINGS STATED THAT HE HAS ONE OR TWO QUESTIONS ABOUT
DRAINAGE EASEMENTS, AND THERE IS SOME QUESTION ABOUT THE AMBULANCE SQUAD
NEEDING A RIGHT TURN LANE OFF THE HIGHWAY.
COMMISSIONER LYONS EXPLAINED THE PROBLEM IS THAT WHEN AN
AMBULANCE COMES UP TO THE ENTRANCE TO THE ACCESS ROAD AND THERE ARE TWO
LANES OF TRAFFIC STOPPED AT THE TRAFFIC LIGHT, IT IS NECESSARY TO GO OUT
AND AROUND THEM, WHICH IS A DANGEROUS SITUATION. A RIGHT TURN LANE
WOULD BE A GREAT HELP SO THE TRAFFIC COULD CONTINUE ON AROUND THE CORNER,
THE ADMINISTRATOR NOTED THAT HE IS NOT SAYING, NOT TO ACCEPT
THE ROAD FOR MAINTENANCE, BUT IS JUST BRINGING UP SOME MATTERS THAT HAVE
COME UP. HE COMMENTED THAT THE TRAFFIC LIGHT IS IN THE CITY LIMITS AND
SHOULD BE THE RESPONSIBILITY OF THE CITY. HE NOTED WHEN WE GET BARBER
AVENUE BUILT AND MOVE THE LIGHT, HE DID NOT WANT IT SAID THAT THE COUNTY
60
MAR 211979
1
COMMISSION TOOK THE LIGHT AWAY FROM A DANGEROUS INTERSECTION, AND THE
CITY SHOULD EITHER PAY FOR THE LIGHT OR REPLACE IT. HE FURTHER NOTED
THAT IT WILL REQUIRE QUITE SOME MONEY TO CORRECT THE RIGHT -TURN PROBLEM.
COMMISSIONER SIEBERT STATED THAT HE HAS A PROBLEM WITH
ACCEPTING THE ROAD FOR MAINTENANCE.
COMMISSIONER Loy STATED THAT WHEN BARBER AVENUE IS BUILT, THE
ACCESS ROAD SHOULD REVERT TO WHAT IT WAS ORIGINALLY PLANNED FOR, WHICH
WAS NOTHING BUT DELIVERY TRUCKS AND EMERGENCY VEHICLES. SHE WONDERED
IF, AT THAT TIME, IT WOULD BE NECESSARY TO HAVE THE SIGNAL LIGHTS AND
ADDITIONAL LANES BEING DISCUSSED.
CITY ENGINEER LLOYD FELT PEOPLE WILL CONTINUE TO USE BOTH
ROADS AS A MATTER OF HABIT.
COMMISSIONER IDY EMPHASIZED THAT THE BOARD ASKED THE HOSPITAL
BOARD NOT TO BUILD THAT ROAD.
ADMINISTRATOR JENNINGS REITERATED THAT THE SIGNAL LIGHT AND
THE AMBULANCE PROBLEM ARE ALL ON THE CITY PROPERTY. HE POINTED OUT
THAT IT WOULD BE NECESSARY TO ACQUIRE PROPERTY FOR A RIGHT TURN LANE.
• CITY ENGINEER LLOYD POINTED OUT THAT ALL THE TRAFFIC PATTERNS
HAVE BEEN LAID OUT ON THE BASIS OF THE ACCESS ROAD, AND THE AMBULANCES
HAVE TO GO IN THAT WAY.
THE BOARD REMINDED PSR. LLOYD THAT THEY WERE TOLD THAT BARBER
AVENUE WAS INTENDED TO BE THE MAIN ENTRANCE, AND THEY BELIEVED THE ACCESS
' ROAD WAS TO BE USED STRICTLY AS AN EMERGENCY ROAD.
ISR. LLOYD FELT THAT THE ROAD WILL CONTINUE TO BE USED,
ESPECIALLY SINCE IT ALREADY HAS BEGUN TO DEVELOP.
THE BOARD, IN DISCUSSION, DID NOT FEEL THE ACCESS ROAD WAS
THEIR RESPONSIBILITY, AND ADMINISTRATOR JENNINGS DID NOT RECALL ANY
COMMITMENT MADE AS TO WHETHER DR NOT THE COUNTY WOULD ACCEPT THE ROAD.
HE NOTED THAT WE IMPLORED THE HOSPITAL BOARD TO TAKE THE MONEY AND USE
IT TO BUILD BARBER AVENUE INSTEAD OF THE ACCESS ROAD.
CHAIRMAN WODTKE POINTED OUT THAT WE.INSTALLED THE TRAFFIC
LIGHT WITH THE PROVISION THAT IT WOULD BE MOVED TO.BARBER AVENUE WHEN
THAT ROAD WAS CONSTRUCTED, AND STATED HE WOULD NOT WANT TO ACCEPT
61
MAR 2 11979
BOOK 39 PAGE 311
r.,
MAINTENANCE OF THE ACCESS ROAD WITHOUT A PROVISION THAT THE CITY WOULD
PAY FOR THE TRAFFIC LIGHT AND BUILD THE RIGHT -TURN LANE.
MOTION WAS MADE BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
SIEBERT, TO DENY REQUEST MADE BY THE ATTORNEY FOR THE HOSPITAL BOARD FOR
THE COUNTY TO ASSUME MAINTENANCE OF THE ACCESS ROAD TO INDIAN RIVER
MEMORIAL HOSPITAL.
ATTORNEY COLLINS INQUIRED IF ANYONE HAD RESEARCHED THE MINUTES
TO SEE WHAT ACTION WAS TAKEN AT THE TIME OF THE.BUILDING OF THE ACCESS
ROAD.,
DISCUSSION FOLLOWED, AND IT WAS GENERALLY FELT THE MATTER
SHOULD BE TABLED UNTIL THE MINUTES CAN BE CHECKED.
COMMISSIONER DEESON WITHDREW HIS MOTION AND COMMISSIONER
SIEBERT WITHDREW HIS SECOND.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY AGREED TO TABLE THE MATTER OF ACCEPTANCE
OF MAINTENANCE OF THE HOSPITAL ROAD UNTIL FURTHER RESEARCH IS DONE.
ATTORNEY COLLINS REQUESTED THAT THE BOARD ADD AN EMERGENCY
ITEM TO TODAY'S AGENDA IN REGARD TO WATER FOR SOME RESIDENCES ON SOUTH
BEACH.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY ADDED THE EMERGENCY ITEM REQUESTED BY THE
ATTORNEY TO THE AGENDA.
ATTORNEY COLLINS INFORMED THE BOARD THAT HE WROTE THE CITY
OF VERO BEACH OUTLINING THE AUTHORITY THE COMMISSIONERS HAD DELEGATED IN
REGARD TO SERVING WATER TO THE WILSON HOUSE AND OTHER PROPERTIES SOUTH
OF THE MOORINGS. EMPHASIS WAS PLACED ON THE COUNTY'S INTENT TO HELP
WITH MR. WILSON`S PROBLEM, NOTING THAT IF WE COULD SERVE OTHER PROPERTIES
AT THE SAME TIME, WE WANTED TO DO IT ON THE UNDERSTANDING THAT THE COUNTY,
THROUGH RAISING FUNDS FROM PROPERTY OWNERS SOUTH OF THE MOORINGS, WOULD
CONSTRUCT A LINE, HOPEFULLY TO BE OVERSIZED WITH COUNTY FUNDS. THE
COUNTY WOULD ASSUME THE EXPENSE OF ENGINEERING AND PERMITTING AND HAVE
OWNERSHIP OF THE LINE WHEN CONSTRUCTED AND WOULD ALLOCATE THE REMAINING
27 TAPS PREVIOUSLY GRANTED TO THEM BY THE MOORINGS TO THE 27 EXISTING
62
BOOK 39 PAGE 3l
STrRUCTURES SOUTH OF THE MOORINGS. THE ATTORNEY CONTINUED THAT THE CITY
OF VERO BEACH MET LAST NIGHT AND REVIEWED HIS CORRESPONDENCE,.AND HE
UNDERSTANDS THEY ACTED FAVORABLY.
ATTORNEY COLLINS REVIEWED DEPARTMENTAL CORRESPONDENCE TO THE
CITY COUNCIL FROM CITY MANAGER LITTLE, OUTLINING BASICALLY WHAT THE
CITY'S POSITION WOULD BE, AS FOLLOWS:
DEPARTMENTAL CORRESPONDENCE
DATE March 14, 1979
To The Honorable Mayor and City Councilmen _
FROM DEPT
J. V. Little City Manager
-
SUBJECT City Water Service to Existing Residences South Beach, South of Moorings _
Including George E. Wilson
The request from Mr. Wilson and the letter from the County are self-
explanatory.
I recommend that we agree to serve the subject existing residences under
the following conditions:
1. The County will engineer,»construct and fund the required facilities
and that the concept, specific design parameters and all construction
be subject to City approval and in conformance with our (City) specifications.
2. The City will maintain and operate the facilities.
3. The City will serve the customers at retail until the entire matter of
water service to the South Beach area is resolved.
4. The current tap in charges for water service will be paid by the County
or the individual customer.
5. That it be clearly understood and agreed that service is limited to the
aforementioned existing customers only and that since the requisite taps
are being transferred from the Moorings to_said areas, there is no adverse
impact on the availability of service from the existing 12' water line now
serving the South Beach area.
J. V.Little
pn
Attachments
63
BOOK 39 PAGE 31
•
ATTORNEY COLLINS RECOMMENDED THAT THE BOARD AUTHORIZE THE
FINANCE OFFICER TO SET UP AN ESCROW ACCOUNT TO RECEIVE DEPOSITS FROM
THE EXISTING RESIDENCES SOUTH OF THE MOORINGS. HE STATED THAT EACH
RESIDENT IS TO PUT UP $200.00 WITH THE UNDERSTANDING THAT MORE THAN
THAT WILL BE REQUIRED. HE FURTHER RECOMMENDED THAT THIS MONEY BE USED
TO HIRE ENGINEERS TO DO THE INITIAL PLANS, AND WHEN THIS IS COMPLETE,
IT SHOULD BE BROUGHT BACK TO THE BOARD TO SEE WHETHER OR NOT TO OVERSIZE
THE LINE AND HOW MUCH IT WILL COST.
COMMISSIONER SIEBERT ASKED IF THE CITY WOULD ALLOW US TO OVER-
SIZE THE LINE, AND ATTORNEY COLLINS STATED THAT AS LONG AS THE CUSTOMERS
ARE LIMITED, HE DID NOT BELIEVE THERE WOULD BE A PROBLEM IN OVERSIZING
THE LINE.
CHAIRMAN WODTKE FELT THERE SHOULD BE A LEGAL DOCUMENT OBLI-
GATING THE RESIDENTS WHO PUT IN THE $200.00 SEED MONEY, TO PAY THE COST
TO PUT THE LINE IN REGARDLESS OF THE AMOUNT. HE FELT OTHERWISE WHEN WE
GET TO THE END OF THE LINE, THERE COULD BE SOME WHO MIGHT BE UNWILLING
TO PAY THEIR SHARE.
ATTORNEY COLLINS FELT WITH THE SEED MONEY, WE CAN GET TO A
POINT WHERE THOSE DECISIONS CAN BE MADE, HE STATED THE MONEY WILL BE
UP FRONT BEFORE CONSTRUCTION.IS BEGUN.
HEPBURN WALKER, SOUTH BEACH RESIDENT, INFORMED THE BOARD THAT
CITY MANAGER LITTLE FELT THE COUNTY SHOULD OVERSIZE THE LINE. HE
INFORMED THE BOARD THAT HE HAS COLLECTED SIX CHECKS FOR $200 EACH SO FAR
AND HAS INFORMED EVERYONE THAT THIS IS JUST THE TIP OF THE ICEBERG.
COMMISSIONER SIEBERT COMMENTED THAT THE ENGINEERING FEES
COULD EXCEED THAT AMOUNT, AND MR. WALKER STATED THAT HE REALIZED THAT.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
SIEBERT,-THE BOARD UNANIMOUSLY AUTHORIZED THE FINANCE DEPARTMENT TO
COLLECT THE $200 FROM THE 27 RESIDENTS INVOLVED IN THE SOUTH BEACH
COUNTY WATER LINE; TO HOLD THESE MONIES IN ESCROW AS SEED MONEY FOR THE
ENGINEERING ON THE WATER LINE SOUTH FROM THE MOORINGS TO THESE 27
RESIDENCES; AND TO EXPEND THESE MONIES FOR THE ENGINEERING COSTS RELATED
TO.THE PLANNING OF THIS LINE.
64
i
BOOK 39 PAGE 314
MAR 21 1979
E'
9
F,
MR. WALKER ASKED IF HE IS CORRECT IN ASSUMING THAT THE COUNTY
INTENDS TO PICK UP SOME OF THE COST OF THE OVERSIZING.
ATTORNEY COLLINS FELT THAT IS CORRECT, AND CHAIRMAN WODTKE
STATED THAT IN OVERSIZING WE WOULD BE LOOKING FOR FUTURE RESIDENTS
TO PARTICIPATE.
ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS RECEIVED
CERTAIN DOCUMENTS IN REGARD TO PHASE I OF THE GIFFORD WATER AND SEWER
REVENUE BONDS THAT NEED TO BE EXECUTED, THEY ARE AS FOLLOWS:
1) SIGNATURE AND NO LITIGATION CERTIFICATE
2) CERTIFICATE OF DELIVERY AND PAYMENT
3) INCUMBENCY CERTIFICATE
4) CERTIFICATE AS TO VALIDATION STATEMENT
5) CERTIFICATE AS TO NO PRIOR PLEDGE
6) FINANCIAL CERTIFICATE
7) CERTIFICATE AS TO PUBLIC MEETINGS
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT,
THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN, THE CLERK AND MEMBERS
OF THE BOARD TO SIGN WHERE APPROPRIATE THE DOCUMENTS LISTED ABOVE. SAID
DOCUMENTS WILL BE MADE A PART OF THE MINUTES WHEN COMPLETED.
CHAIRMAN WODTKE ANNOUNCED THAT HE HAD RECEIVED A LETTER FROM
AGRICULTURAL SPECIALIST PETE SPYKE REQUESTING RETROACTIVE APPROVAL FOR
OUT -OF -COUNTY TRAVEL. HE NOTED THAT MR. SPYKE CALLED HIM A WEEK AGO
STATING THAT HE NEEDED TO MAKE A TRIP ON MARCH 14TH AND HAD NOT OBTAINED
APPROVAL AT A PRIOR MEETING. THE CHAIRMAN STATED THAT HE TOLD MR. SPYKE
TO ATTEND THE MEETING IF IT WAS NECESSARY. MR. SPYKE NOW HAS SUBMITTED
HIS MEMO REQUESTING THE RETROACTIVE APPROVAL UNDER THE CHAIRMAN'S
MATTERS BECAUSE IT WAS TOO LATE TO GET ON THE AGENDA FOR THIS MEETING.
THE CHAIRMAN STATED THAT HE WILL SEND MR. SPYKE A MEMO ABOUT THE BOARD'S
POLICIES AND DEADLINES.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY GRANTED RETROACTIVE OUT -OF -COUNTY TRAVEL
FOR AGRICULTURAL AGENT PETE SPYKE TO GO TO BARTOW ON MARCH 14, 1979,
TO ATTEND THE CITRUS AGENTS QUARTERLY MEETING SON STATE FUNDS).
65
saa 39 PACE X315
CHAIRMAN WODTKE NOTED THAT HE BELIEVED PLANNING DIRECTOR REDICK
WAS TO HAVE WRITTEN A LETTER TO THE GEOLOGICAL SOCIETY IN REGARD TO AN
UPDATE ON THE WATER STUDY THAT HAD BEEN MADE, AND ADMINISTRATOR JENNINGS
STATED THAT HE WOULD FOLLOW THROUGH ON THIS.
COMMISSIONER SIEBERT AND ADMINISTRATOR JENNINGS WILL MEET WITH
ROCKRIDGE RESIDENTS TO DISCUSS THEIR FEELING ABOUT RIGHTS-OF-WAY FOR
BICYCLE PATHS. ,
THE BOARD NEXT DISCUSSED REQUESTING AN EXTENSION OF THE DEAD-
LINE FOR COMPLETION OF THE MASTER PLAN AS SUGGESTED BY PLANNER REDICK,
AND IT WAS GENERALLY FELT THIS SHOULD BE DONE.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO REQUEST AN EXTENSION
OF ONE YEAR FOR COMPLETION OF THE COMPREHENSIVE LAND USE PLAN.
CHAIRMAN WODTKE ANNOUNCED THAT THE VERO BEACH VOLUNTEER FIRE
DEPARTMENT HAS REQUESTED THAT THE COMMISSIONERS PARTICIPATE IN THE
DEDICATION CEREMONY OF THE NEWLY CONSTRUCTED FIRE TRAINING TOWER AT
4:30 P.M. ON APRIL 2ND.
° COMMISSIONER SIEBERT INQUIRED ABOUT THE STATUS OF ACQUIRING
A NEW PLANNING DIRECTOR, AND ADMINISTRATOR JENNINGS INFORMED HIM THAT
ADVERTISEMENTS HAVE BEEN PLACED IN THE NEWS MEDIA IN MIAMI, ORLANDO, AND
.JACKSONVILLE, AS WELL AS IN INDIAN RIVER COUNTY. SOME APPLICATIONS HAVE
BEEN RECEIVED, AND AFTER A NUMBER ARE RECEIVED, THEY WILL BE EVALUATED
AND PRESENTED TO THE BOARD AND INTERVIEWS CAN BE HELD.
COMMISSIONER SIEBERT DISCUSSED THE HYATT MINING OPERATION AND
NOTED THAT WE HAVE GIVEN THE ADMINISTRATOR AUTHORITY TO ISSUE CEASE AND
DESIST ORDERS WHEN THERE IS A VIOLATION. HE FELT, IN THIS INSTANCE,
THE BOARD SHOULD HELP THE ADMINISTRATOR OUT BY AUTHORIZING HIM TO ISSUE
A CEASE AND DESIST ORDER IF IT'CANNOT BE SHOWN BY MONDAY OF NEXT WEEK
THAT THEY ARE OPERATING UNDER A BONAFIDE APPROVED MINING SITE PLAN.
ADMINISTRATOR .JENNINGS STATED THAT ZONING DIRECTOR WALKER HAS
INFORMED HIM THAT HE HAS BEEN ASSURED WE WOULD HAVE.AN UPDATED SURVEY
IN TOMORROW.
.•
BOOK 39 PAGE 316
MAR 2 11979
COMMISSIONER SIEBERT STATED THAT HE IS PRIMARILY CONCERNED
WITH THE FACT THAT THEY MIGHT BE OPERATING IN VIOLATION OF AN APPROVED
MINING SITE PLAN.
THE ADMINISTRATOR THOUGHT THIS WAS QUITE POSSIBLE AND STATED
THAT IF THE SURVEY SHOWS THIS, HE WILL ISSUE A CEASE AND DESIST -ORDER.
COMMISSIONER SIEBERT COMMENTED THAT IT MAY BE IN COMPLIANCE
WITH PLANS IN THE ZONING OFFICE, BUT IT MAY NOT BE APPROVED.
ADMINISTRATOR JENNINGS FELT WE MAY WANT TO ISSUE A CEASE AND
DESIST ORDER JUST TO GET THIS MATTER CLARIFIED.
ON {LOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED INJUNCTIVE LITIGATION TO STOP THE
HYATT MINING OPERATION IF THERE IS A DETERMINATION, AFTER THE INFORMATION
IS RECEIVED, THAT THEY ARE OPERATING OUTSIDE OF THEIR SITE PLAN, AND
AUTHORIZED ISSUING A CEASE AND DESIST ORDER IF WE ARE IGNORED.
COMMISSIONER DEESON INFORMED THE BOARD THAT IT HAS BEEN CALLED
TO HIS ATTENTION THAT A BILL HAS BEEN FILED IN TALLAHASSEE TO STOP
COMMERCIAL NETTING ALONG THE WATERWAYS. HE NOTED THAT THIS DOES INVOLVE
INDIAN RIVER COUNTY, AND STATED THAT AT THIS POINT IN TIME, WE DON'T
HAVE ANY FACTS AND FIGURES TO WORK WITH. HE EXPRESSED CONCERN ABOUT
THE IMPACT SUCH A BILL COULD*HAVE ON PEOPLE IN THE NORTH COUNTY IF IT
WERE TO BE PASSED.
COMMISSIONER LYONS NOTED THAT HE ALSO RECEIVED A CALL ABOUT
` THIS. HE FELT THE NET FISHERMEN CAN STILL BE TOLERATED AND THAT THEY
ARE NOT THE ONES RUINING THE FISHING IN THE RIVER. HE WAS OF THE OPINION
THAT THE PROPOSED BAN IS TOO STRONG, AND STATED THAT HE WOULD LIKE TO
SEE THE COMMISSION VOICE SOME KIND OF REACTION INDICATING THAT WE, AT
LEAST, FEEL THEY SHOULD GO SLOW ON TAKING ANY ACTION.
COMMISSIONER DEESON FELT THERE ARE UNDOUBTEDLY SOME ABUSES,
BUT HE WOULD CERTAINLY HATE TO SEE THEM TOTALLY BAN THIS TYPE OF FISHING.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 79-33 OPPOSING THE
PROPOSED BILL TO BAN COMMERCIAL NETTING UNTIL SUCH TIME AS IT CAN BE
JUSTIFIED AND AUTHORIZED THE ATTORNEY TO.PREPARE SAME. $AID RESOLUTION
WILL BE MADE A PART OF THE MINUTES WHEN RECEIVED.
BOOK 39 PAGE 1 7
MAR 2 11979 F
COMMISSIONER LYONS REFERRED BACK TO THE PROBLEM OF TRYING TO
CONNECT THE COUNTY STRIP BY INDIAN RIVER SHORES TO THE SEWER MAIN AND
STATED THAT HE HAS RECEIVED AN INDICATION THAT THE 12" MAIN IS NOT AVAIL-
ABLE UNLESS IT CONNECTS INDIAN RIVER SHORES. IN OTHER WORDS, WE COULDNIT
HOOK ONTO THAT UNLESS INDIAN RIVER SHORES WAS HOOKED ONTO IT, T00,
COMMISSIONER LYONS INFORMED THE BOARD THAT HE HAS BEEN WORKING
WITH ADMINISTRATOR JENNINGS TRYING TO EXPEDITE THE CONSTRUCTION OF .
INDIAN RIVER BOULEVARD NORTH TO BARBER AVENUE. HE NOTED THAT THEY MET
YESTERDAY WITH TWO REPRESENTATIVES FROM THE DER, AND IT APPEARS THAT
TO SQUEEZE A ROAD BETWEEN THE HOSPITAL AND THE WETLAND GETS TO BE A
MAJOR PERMITTING PROBLEM.- HE CONTINUED THAT IT SEEMS WE WILL HAVE NO
PROBLEM WITH THE SOUTH END OF THE ROAD FROM THE BRIDGE TO ABOUT THE
HALFWAY POINT; AND HE ASSUMED THE BRIDGE PERMIT TO CROSS THE CANAL WOULD
GO THROUGH WITHOUT TOO MUCH TROUBLE. COMMISSIONER LYONS NOTED THAT THE
ALIGNMENT ON THE NORTH END OF THE ROAD APPARENTLY WILL HAVE TO BE MORE
AND MORE TO THE WEST, POSSIBLY EVEN GOING OVER INTO THE DOCTORS AND
HOSPITAL PROPERTY. HE FELT THERE MAY ALSO BE A REQUIREMENT THAT SOME
OF THE FILL MATERIAL SHOULD COME FROM THE AREA EAST OF THE ROAD IN WET-
LANDS WHICH THEY CLAIM WERE ILLEGALLY FILLED AT A PREVIOUS DATE,
COMMISSIONER LOY NOTED THAT IS PRIVATE PROPERTY, AND COMMIS-
SIONER LYONS AGREED, BUT•STATED THAT THEY MAY WELL REQUIRE THESE PEOPLE
TO RESTORE THAT PROPERTY. HE CONTINUED THAT THE DER WILL SEND US A
' LETTER SHORTLY AS TO THE CONDITIONS THEY REQUIRE AND SHOWING A PROPOSED
ALIGNMENT. HE COMMENTED THAT THE HOSPITAL HAS PUT US IN A VERY BAD
POSITION BY BUILDING ON THE EDGE OF THE WETLAND, AND HE BELIEVED THAT
ALL WE COULD GET PERMITTED IS A TWO LANE ROAD.
CHAIRMAN WODTKE STATED THAT HE RECEIVED•A LETTER FROM THE DEP.
STATING THAT THEY WANT ADDITIONAL INFORMATION ABOUT THE MEMBERS OF THE
208 CITIZENS ADVISORY COMMITTEE. HE NOTED THAT WE ALREADY HAVE MINUTES
FROM A 208 MEETING. THE CHAIRMAN INSTRUCTED MRS. FORLANI TO SUPPLY THE
DER WITH THE REQUESTED INFORMATION.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THE HEALTH
DEPARTMENT NEEDS $259.22 FOR SPRINKLER ATTACHMENTS, ELBOWS, ETC., FOR
THE WATER SYSTEM IN THE YARD.
68
" ASSISTANT ADMINISTRATOR NELSON NOTED THAT UPON CHECKING, THEY
DETERMINED THAT THE HEALTH DEPARTMENT NEEDS 24 RAINBIRD HEADS AND
A LOT OF OTHER SMALL ITEMS TO GET THEIR SPRINKLER.SYSTEM BACK IN OPERA-
TION. HE STATED THAT THIS COMES OUT OF THE COURTHOUSE AND ANNEX BUDGET
MONIES, AND NOTED THAT THE SPRINKLER HEADS COST $11.15 EACH.
THE BOARD FELT THIS WAS TOO EXPENSIVE, AND ASSISTANT ADMINIS-
TRATOR NELSON STATED THAT HE WOULD TRY TO GET THE BEST PRICE.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO MAKE THE
HEALTH DEPARTMENT SPRINKLER SYSTEM OPERATIONAL AT THE BEST PRICE
OBTAINABLE.
RESOLUTION N0. 79-12, THE MITCHELL BUILDERS, INC., OF MICHIGAN
AND FLORIDA WATER FRANCHISE, AND LEASE OF THE DISTRIBUTION LINES ARE
HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE REGULAR MEETING OF
.JANUARY 24, 1979.
N m
B 39 PAGE 319
•RESOLUTION NO. 79-12
BE IT RESOLVED by the Board of County Commissioners of
Indian River County, Florida:
SECTION I
This Resolution shall be known and may be cited as the
"Mitchell Builders, Inc., of Michigan and Florida Water Franchise".
-- TAIT TT
For the purpose of this Resolution, the following terms,
phrases, words and their derivations shall have the meaning given
herein. When not inconsistent with the context, words using the
present tense include the future; words in the plural number in-
clude the singular and vice versa. The word "shall" is always
mandatory.
(a) "County" is Indian River County, a political sub-
division of the State of Florida.
(b) "County Engineer", may be "County Administrator".
(c) "Corporation" is the Grantee of rights under this
franchise, to -wit: Mitchell Builders, Inc., of Michigan and
Florida.
(d) "Board" is the„Board of County Commissioners of the
County.
(e) "Person" is any person, firm, partnership, association,
m. corporation, company or organization of any kind.
(f) "Territory" means the area located in Indian River
County, Florida, outside the corporate limits of any municipality
as the same is more particularly defined and described herein.
(g) "Water System" shall mean and include any real estate,
attachments, fixtures, impounded water, water mains, laterals,
valves, meters, plant, wells, pipes, tanks, reservoirs, systems,
facility or other property, real or personal, used or useful or
having the present capacity.for future use in connection with the
obtaining, treatment, supplying and distribution of water to the
public for human consumption, fire protection, irrigation, con-
sumption by business or industry and without limiting the
generality of the foregoing, shall embrace all necessary appurten-
ances and equipment and shall include all property, rights, ease-
- 1 -
BOOK 39 PAGE 320
ments and franchises relating to any such system and deemed
necessary or convenient for the operation thereof.
SECTION III
There is hereby granted by the County to the Corporation
the non-exclusive franchise, right and privilege to erect,
construct, operate and maintain a water system within the pre-
scribed territory as herein provided and for these purposes to
sell and distribute water within the territory and for these pur-
poses to establish the necessary facilities and equipment and to
lay and maintain the necessary lines, pipes, mains and other
appurtenances necessary therefor in, along, under.and across the
public alleys, streets, roads, highways, and other public places
of the County; provided, however, that the County reserves the
right to permit the use of such public places for any and all
other lawful purposes and subject always to the paramount right
of the public in and to such public places.
n —/.m'^1 ? T[7
The territory in which this franchise shall be applicable
is all that part of Indian River County, Florida, located within
w
the following described boundary lines, to -wit:
The Southwest 1/4 of the Northwest 1/4, Less the South
70 feet for road right-of-way, Section 13, Township 33
South, Range 39 East, Indian River County, Florida,
' containing 38.203 acres net.
The Corporation shall at all times during the life of
this franchise be subject to all lawful exercise of the police
power and regulatory authority of the County and to such regula-
tion as the County shall hereafter by resolution provide.
SECTION V
It is expressly understood and agreed by and between the
Corporation and the County that the Corporation shall save the
County and members of the Board harmless from any loss sustained
by the County on account of any suit, judgment, execution, claim
or demand whatsoever resulting from negligence on the part of the
Corporation in the construction, operation or maintenance under
the terms of this franchise. The parties agree that, in the con-
- 2 - -
MAR 211979 BOOK 39 QA6E 321
1
struction of this section, the claim of any person resulting from
negligence on the part of the Corporation may be prosecuted
directly by such person against the Corporation as if no govern-
mental immunity accrued to the County by virtue of the Corporation's
use of a public place of the County. The County shall notify
the Corporation promptly after presentation of any claim or
demand.
SECTION VI
The Corporation shall maintain and operate its plant
and system and render efficient service in accordance with the
rules and regulations as are or may be set forth by the Board
from time to time, which shall include but not be limited to
Standards promulgated by the City of Vero Beach, Water and Sewer
Department, November 1, 1977, or as amended. The County shall
require the Corporation to comply with the above standards as
they relate to material specifications, and compaction require-
ments immediately surrounding the pipes. Prior to the issuance
of a' construction permit the County shall also require the
Corporation's project engineer to certify that the material to
be used will meet the staridards.as set forth in said Standards
of the City of Vero Beach, Water and Sewer Department, adopted
November 1, 1977, or as amended. upon approval by the County
of the plant and water system, a permit shall be issued to the
Corporation for the construction thereof. The right is hereby
reserved to the County to adopt, in addition to the provisions
herein contained and existing applicable resolutions or laws,
such additional regulations as it shall find necessary in the
exercise of the police power and lawful authority vested in said
County, provided that such regulations shall be reasonable and
not in conflict with the rights herein granted and not in conflict
with the laws of the State of Florida. The -County shall have
the right to supervise all construction or installation work
performed and to make such inspections as it shall find necessary
to insure compliance with all governing regulations.
MAR 211979
- 3 -
Boa 39 PAGE 322
Upon the completion of all construction of the water
plant and distribution system, the project engineer for the
Corporation shall certify, under seal, that the system has been
constructed in accordance with the plans and specifications
previously approved, and further, has met all of the standards
required by the County, whereupon the County will issue a permit
accepting the distribution system, and further, that the said
distribution system and all easements, (excepting only the water
plant and the real property upon which it is situated), shall
be conveyed, along with as built plans, to the County by a
customary means of conveyance, whereupon the County shall give
to the Corporation a maintenance lease for $1.00 per year, ex-
tending for the duration of this Franchise. The County shall
require the corporation to comply with all landscape ordinance
regulations as enacted by the County.
All the facilities of the Corporation shall be constructed
only in accordance with plans and specifications approved by
the Department of Environmental Regulations of the State of
Florida and the quantity and quality of water delivered and sold
and the manner of collection shall at all times be and remain
not inferior to the quality standards for public water supply,
�• and other rules, regulations and standards now or hereafter adopted
by the Department of Environmental Regulations of the State of
Florida. The Corporation shall maintain sufficient water pressure.
and mains of sufficient size with fire hydrants and other facilities
necessary to furnish fire protection at any and all areas within
the territory serviced by the Corporation. The Corporation shall
also supply all water through meters which shall accurately
measure the amount of water supplied to any consumer. The
Corporation shall at any time, when requested by.a consumer,
make a test of the accuracy of any meter; prior, however, to any
test being made by the Corporation, the sum of Five ($5.00)
Dollars shall be deposited with the Corporation by the party
requesting such test. Such sum shall be returned if the test
- 4 -
MAR 211979
BOOK 39 PAGE 323
J
•
M
M
shows the meter to be inaccurate in its delivery. Whenever
it is necessary to shut off or interrupt service for the
purpose of making repairs or installations, the Corporation shall
do so at such times as will cause the lease amount of incon-
venience to its consumers and, unless such repairs are unforeseen
and immediately necessary, it shall give, not less than Five (5)
day notice thereof, to its consumers for non -emergencies.
SECTION VIII
(a) The Corporation shall have the authority to promul-
gate such rules, regulations, terms and conditions covering the
conduct of its business as shall be reasonably necessary to
enable the Corporation to exercise its rights and perform its
obligations under this franchise and to issue an uninterrupted
service to teach and all of its consumers; provided, however,
that such rules, regulations, terms and conditions shall not be
in conflict with the provisions hereof or with the laws of the
State of Florida and all of the same shall be subject to the
approval of the Board.
(b) At all times herein where discretionary power is
left with the Board of County Commissioners, the Corporation,
before discretionary action is taken by the Board of County
Commissioners, can request said Board that a group of arbitrators
be appointed, and such group shall consist of:
1. County Engineer
2. Corporation Engineer.
3. One person selected by the above
two persons.
and this Board of Arbitrators shall make recommendations to the
Board of County Commissioners, but such recommendations are not
mandatory.
Any final decision the Arbitrators or Board may have, with
respect to this franchise, can be appealed to the Circuit Court
of Indian River County by either party.
SECTION IX
All pipes, mains, hydrants, valves, and other fixtures
laid or placed by the Corporation shall be so located in the pub-
lic places in the County so as not to obstruct or interfere with
- 5 -
9 PACE 324
other uses made of such public places already installed. The
Corporation shall, whenever practicable, avoid interfering with
the use of any street, alley or other highway where the paving
or surface of the same would be distributed. In case of any
disturbance of pavement, sidewalk, driveway or other surfacing,
the Corporation shall, at its own cost and expense and in a manner
approved by the County Engineer, replace and restore all such
surface so disturbed in as good condition as before said work •
was commenced and shall maintain the restoration in an approved
condition for a period of one (1) year. In the event that any
time the County shall lawfully elect to alter or change the grade
of or relocate or widen or otherwise change any.such public way,
the Corporation, shall upon reasonable notice by the County, remove,
relay and relocate its fixtures at its own expense. The Cor-
poration shall not locate any of its facilities nor do any con-
struction which would create any obstructions or conditions which
are or may become dangerous to the traveling public. In the event
any such public place under or upon which the Corporation shall
have located its facilities shall be closed, abandoned, vacated
or discontinued, the board may terminate such easement or license
of the Corporation theretol provided, however, in the event of
this termination of easement, the person requesting such termination
shall pay to the Corporation, in advance, its costs of removal
and relocation of the removed facilities in order to continue
its service as theretofore existing, or the County shall retain
an easement not less than ten (10) feet in width for the benefit
of the Corporation and its facilities.
SECTION X
The Corporation shall not as to rates, charges,'service
facilities, rules, regulations or in any other respect make or
grant any preference or advantage to any person nor subject any
person to any prejudice or disadvantage, provided, that nothing
herein shall prohibit the establishment of a graduated scale of
charges and classified rate schedules to which any consumer
coming within such classification would be entitled.
6 -
39 PAGE 3n5
0
(a) The Corporation shall furnish, supply, install and
make available its public water system to any and all persons
within the territory making demand therefor, and shall provide
such demanding person with its services and facilities, provided,
however, that the Board may, upon application of the Corporation,
extend the time for providing such service to such demanding
person. In the event the Corporation fails to provide its
services and facilities as a water system to any area within
the territory within the time provided, then in such event the
County may by resolution of the Board limit, restrict and con-
fine the territory to that area then being serviced by water by
the Corporation or such greater area as the Board shall determine
and thereafter the territory shall be only the area set forth,
defined and provided by the Board and the provisions of this
franchise shall not extend beyond the limits of the area so
restricted and defined.
(b) The Corporation shall not •be required to furnish,
supply, install•and make available its public water system to
any person within the territory as hereinbefore set forth, unless
4
the same may be done at such a cost to the Corporation as shall
make the addition proposed financially feasible. Financially
feasible shall mean that a fair and reasonable rate to be
•
charged by the Corporation for all its services under this
franchise; that such rate will produce to the Corporation a sum
sufficient to meet all necessary costs of the services, including
a fair rate of return on the net valuation of its property devoted
thereto under efficient and economical management. The burden
of showing that a prospective service to the area is not finan-
cially feasible shall be the burden of the Corporation.
The Corporation, or its Shareholders, shall not sell or
transfer its plant or system, or corporate stock, to another
- 7 -
WK 39 FACE O"M
MAR 2 11979
nor tgansfer any rights under this franchise to another without
the approval of the Board, and provided further that no such
sale or transfer after such approval shall be effective until
the vendee, assignee or lessee has filed with the Board an in-
strument in writing reciting the fact of such transfer and accepting
the terms of this franchise and agreeing to perform all of the
conditions thereof. In any event, this franchise shall not be
transferrable and assignable until notice or request for transfer
and assignment shall be given by the Corporation to the Board in
writing, accompanied by a request from the proposed transferee,
which application shall contain information concerning the
financial status and other qualifications of the proposed trans-
feree and such other information as the Board may require. A
public hearing shall'be held on such request of which notice
shall be given by publication in a newspaper regularly published
in the County at least one time not more than one month or less
than one week preceding such hearing. Certified proof of
publication of such notice shall be failed with the Board. Said
hearing may thereafter be continued from time to time as deter-
mined by the Board. The consent by the Board to any assignment
of this franchise shall not be unreasonably withheld. Any sale
or transfer, by the Corporation or Shareholders of the Corporation,
taking place contrary to the terms and conditions of this paragraph
shall be considered by the Board to be a default by the
Corporation under this franchise agreement and subject this
franchise to termination.
SECTION XIII
The rates charged by the Corporation for its service
hereunder shall be fair and reasonable and designed to meet all
necessary costs of the service, including a fair rate of return
on the net valuation of its properties devoted thereto under
efficient and economical management. The Corporation agrees that
it shall be subject to all authority now or hereafter possessed
by.the County or any other regulatory body having competent
jurisdiction to fix just, reasonable and compensatory rates.
When this franchise takes effect, the Corporation shall have
authority to charge and collect., but not to exceed the following
- 8 -
�P
9 PACE 327
0
,,,schedule of rates, which shall remain effective until changed or
modified as herein provided, to -wit:
MONTHLY WATER QUANTITY RATES:
First 2,000 gallons....****-
$ 7.00
Each additional 1,000 gallons.... 1.50
WATER HOOK-UP CONNECTION CHARGED:
Water Hook-up Connection Charge..$ 200.00
(a) The County will establish an interest bearing pass book
account and will deposit all sums paid for any and all hook-up
charges paid under this franchise, such account requiring the
signature of the appropriate county official and the appropriate
Corporate officer to authorize the withdrawal therefrom of any
amount, under the following conditions:
(1) At any time within the ensuing seven (7) years
that the County shall acquire its own water distribution system,
and shall furnish water services to individual customers, ail
sums of money remaining in said account shall become the property
of the County -and the Corporation shall relinquish all rights
thereto.
(2) In the event the above condition is not met by
the County within seven (7,) years from the date'of this franchise
agreement, said sums of money remaining in said account shall
become the absolute property of the corporation.
+ (3) Throughout the term of this franchise the Corporation
shall be entitled to any and all interest which shall be paid
annually on or before September 30th of each year to the
Corporation. The Corporation shall be entitled to an accounting
of said interest bearing account, at any time upon request made
by it to the County.
SECTION XIV
The County shall have access at all reasonable hours to
all of the Corporation's plans, contracts, engineering data,
accounting, financial, statistical, consumer and service records
relating to the property and to all other records required to be
kept hereunder, and the Corporation shall file such accounting
- 9 -
BOOK 39 PAGE 328
reports and data with the County when required. The Corporation
shall maintain a current and separate set of books for the
accounts relative to the operation of the water system maintained
under this franchise.
The Corporation shall at all times maintain public lia-
bility and property damage insurance in such amounts as shall be
required from time to time by the Board in accordance with good
business practices as determined by safe business standards as
established by the Board for the protection of the County and the
general public.and for any liability which may result from any
action of the Corporation. If any person serviced by the Corporation,
under this franchise, complains to the Board concerning the rates,
charges and/or operations of such utility and the Corporation,
after request is made upon it by the Board, fails to satisfy or
remedy such complaint or objection or fails to satisfy the Board
that said complaint or Abjection is nvt proper, the Board may
thereupon, after due notice to such utility, schedule a hearing
concerning such complaint or objection and the Board may review
the rates and charges set and charged by the Corporation for the
service it furnishes or the quality of services furnished. If
the Board enters its order pursuant to such hearing and the
Corporation feels it is aggrieved by such Order, the Corporation
may seek review of the Board's action by proceedings in the Circuit
Court of the County; otherwise, the Corporation shall promptly
comply with the order of the Board.
SECTION XVI
i
i
Should the Corporation desire to establish rates* and
charges or should the Corporation desire to increase any charges
heretofore established and approved by the Board, then the Cor-
poration shall -notify the Board in writing, setting forth the i
• t
schedule -of rates and charges which it proposes. A public hearing
shall then be held on such request, of which notice shall be given
by publication in a newspaper regularly published in said County
at least one time not more than one month nor less than one week
preceding such hearing. Certified proof of publication of such
10 -
�X 39 PAGE 329
MAR 211979
notice shall be filed with the Board. Said hearing may there-
after be continued from time to time as determined by the Board.
If the Board enters an Order pursuant to such hearing and the
Corporation or any person feels aggrieved by such order, then
the Corporation or such person may seek review of the Board's.
action by proceeding in the Circuit Court of the County.
SECTION XVII
Prior to the Corporation placing any of its facilities
in any of the public places as herein authorized, the Corporation
shall make application to and obtain a permit from the County
Engineer authorizing said construction in the same manner as
permits are authorized in the County for the use of the public
roads as shall now or hereafter be established by regulations of
the County. The County shall have the right when special circum-
stances exist to determine the time in which such construction
shall be done.
SECTION XVIII•
If the Corporation fails or refuses to promptly and
faithfully keep, perform and abide by each and all of the terms
w
and conditions of this franchise, then the Board shall give the
Corporation written notice of such deficiencies or defaults and
s a reasonable time within which the Corporation shall remedy the
same, which notice shall specify the deficiency or default. If
the Corporation fails to remedy such deficiency or default within
the time required by the notice from the Board, the Board may
thereafter schedule a hearing concerning the same with reasonable
notice thereof to the Corporation and after such hearing at which
•,� all interested parties shall be heard, the Board may further limit
or restrict this franchise or may terminate and cancel the same
in whole or in part if proper reasons thereby are found by the
Board. If the Board enters an order pursuant to such hearing and
the Corporation or any other person feels aggrieved by such order,
the utility or such other person may seek review of the Board's
action by proceedings in the Circuit Court of the County.
BooK 39 PAGE 330
-MAR 211979
Any person using in normal average consumption more than
100,000 gallons of water per day shall not be required to deal
with the Corporation but any such water user shall be at liberty
to secure its water from such source or sources as it might desire.
This franchise shall exempt and except therefrom any public agency
producing water for resale at wholesale. Nothing in this franchise
shall prevent landowners from exercising their vested rights or
privileges as set forth and contained in any license issued to
any utility heretofore granted by the Board pursuant to Section
125.43, Florida Statutes.
SECTION XX
The Corporation shall design all facilities within the
Franchise Area to conform to the Indian River County Master Plan
for utilities, when applicable.
The Franchise and rights herein granted shall take effect
and be in force from and after the time of the adoption of this
resolution by the Board and shall continue in force and effect
until such time as the County may install or acquire its own
water distribution system and declares an intent to supply the
w
same to individual customers within the Franchise Area. Upon
the County supplying water, this Franchise shall become null
and void.
The Franchise and rights hereto granted shall take effect
and be in force from and after the time of the adoption of this
resolution by the Board and shall continue in force and effect
until such time as the County is operating a public -owned water
system and agrees to service the area presently served under
the franchise distribution system. The Corporation acknowledges
that it has entered into an agreement with the County whereby,
updn written notification from the County, the Corporation will,
at its own expense, terminate the lease of the distribution system,
remove the water plant, and terminate this franchise. County,
at its expenses, shall connect the franchise's distribution system
12
Be% 39 %E 331.
1
M
M
and lift stations and other necessary appurtenances which have
been conveyed to County to the County's distribution lines and
service the franchise area. The Corporation agrees to grant -to
County any easements necessary to connect the franchise's dis-
tribution system to the County's distribution system.
The water plant, and the real property upon which the water
plant is situated, shall remain the property of the Corporation.
The Corporation grants to the County the right to purchase the
said water plant and real property, or any part thereof, within
thirty (30) days from the time this franchise becomes null and
void, upon terms and conditions mutually agreed upon by the County
and the Corporation. In the event County purchases any of the
real property, it shall purchase said real property in segments
of not less than whole lots.
SECTION XXII
If any word, section, clause or part of this resolution
is held invalid, such portion shall be deemed a separate and
independent part and the same shall not invalidate the remainder.
IN WITNESS WHEREOF, the Board of County Commissioners of
Indian River County, Florida, has caused this franchise to be
w
executed in the name of the County of Indian River by the Chair-
man of the Board of County Commissioners, and its seal to be
affixed and attested by its Clerk, all pursuant to the resolution
of the Board of County Commissioners adopted on the 24th day of
January ,, 1979.
Signed, sealed and delivered
in the presence of:
- 13 -
COUNTY OF INDIAN RIVER, FLORIDA
By: a( .ti tQ,�
As Chairman of the B and of
County Commissioners
Attest: ,'t t �� d_
Clerk
BOOK 9 PACE 332
ACCEPTANCE OF FRANCHISE
MITCHELL BUILDERS, INC., of Michigan and Florida, does
hereby accept the foregoing franchise, and for their successors
and assigns, does hereby covenant and agree to comply with and
abide by all of the terms, conditions, and provisions therein'.
set forth and contained.
DATED at Vero Beach, Indian River County; Florida, this
' day of - ,. , 1979.
MITCHELL BUILDERS_, INC., OF MICHIGAN
AND iFLORIDA
t
BY
Ronald E. Mitchell, President
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take
acknowledgments, personally appeared RONALD E. MITCHELL, as
President of MITCHELL BUILDERS, INC., OF MICHIGAN AND FLORIDA,
and he acknowledged before pe that he executed the foregoing
instrument for the uses and purposes therein expressed.
WITNESS my hand and official seal in the State and County
aforesaid this is day of �,. , 1979.
Notary Public. State of Florida at
Large. My Commission expires:
Boa39 PAGE 333
g
MAR 211979
•
u
LAID OFFICES
VOCELLE,
GALLAGHER
BLOCK
P. a. Box 1900
veno BEACH. MORICA
3198®
L E A S E
THIS LEASE made and entered into this 19th day of
March 011979, by and between, COUNTY OF INDIAN RIVER, a politi-
cal subdivision of the State of Florida, hereinafter referred to
as LESSOR, and MITCHELL BUILDERS,INC. OF MICHIGAN AND FLORIDA,
a Florida corporation with its principal place of business*in
Vero Beach, Indian River County, FLorida, hereinafter referred
to as LESSEE:
WITNESSETH, That the said Lessor does this day lease
unto the said Lessee, and the Lessee does hereby hire and take
as tenant, those certain water distribution lines situated
underground on the real property more particular described in
that certain Indain River County Board of County Commissioners
Resolution No. 79-12, known as the MITCHELL BUILDERS,INC. OF
MICHIGAN AND FLORIDA WATER FRANCHISE, hereinafter referred to as
WATER FRANCHISE, and described as follows:
All that part of Indian River County, Florida
located within the following described boundary
lines to -wit:
The Southwest 1/4 of the Northwest 1/4, less the
South 70 feet for road right-of-way, Section 13,
Township 33 South, Range 39 East, Indian River
County, Florida, containing 38.203 acres net.
It is understood and agre ed that the water plant•
located on the above real property, and the real property of the
Lessee, is not part of this Lease.
Said above described water distribution lines located
and situated underground on the above described real property,
are to be hold and used by the Lessee in the operation of a water
distribution business and for no other purposes or uses whatso-
ever, for the term of this lease, beginning on the 19th day of
March ,1979, and ending pursuant to the provisions of
Section XXI of said Water Franchise Resolution 79-12, at and for
the agreed total annual rental of ONE DOLLAR ($1.00).
The following express stipulations and conditions are
made a part of this lease and are hereby assented to by the
Lessee:
Bou 39 PAGE 334
J
>,
LAW OFFICES
VOCELLE,
GALLAGHER
BLOCK
R. Bax I900
9R4tCf 99ACH. FLORIDA
32969
1. Lessee will defend and hold Lessor harmless of anyl
action, claim or suit arising out of the use of said water
distribution system.
2. In the event of any expenses incurred by the Les
because of any action, claim or suit brought against Lessor or
Lessee, Lessee will indemnify Lessor.
3. Lessee will maintain the water distribution syste,
including but not limited to, repairs and replacements. In the
event it becomes necessary for Lessor to notify the Lessee of a
default under this section of this Lease, Lessee shall have
fiftee (15) days within which to make such replacement or repair.
4. Lessee will surrender possession of the said water
distribution system pursuant to the terms of said Water Franchis
Resolution 79-12, in good working order, reasonable wear and
tear only, excepted.
5. Lessee shall not assign this Lease without the
prior written consent of the Lessor.
6. If the Lessee shall*become insolvent or if
cy proceedings shall be begun by or against the Lessee, before
the end of said term the Lessor is hereby irrevocably authorized
at its option, to forthwith cancel this Lease, as for a default.
7. The terms and conditions of the said Water
Franchise Resolution No. 79-12 shall be made a part of this
Lease and the same is incorporated herein as the same pertains
to the subject matter of this Lease.
8. This Lease shall bind the Lessor and its assigns,
or successors, and the heirs, assigns, and legal representatives
of the Lessee.
IN WITNESS WHEREOF the parties hereto have caused t
presents to be executed by their properly authorized officers
the day and year first above written.
LESSOR:
Attest: 'cc. t", '= COUNTY OF INDIAN RIVE "
-4
By t,Lc
Chairman, Board of lCounty Comm.
LESSEE: 7
MITCHELL BUILPERS,INC. F MIC GP
AND-
AND' LORIDAj ( _ �11'i
By
Attest: / President
MAR 2 1 1979
BOOK 39 PAGE "5
J
A.FULLY EXECUTED. AGREEMENT BETWEEN THE COUNTY AND CONNELL,
METCALF & EDDY, INC., FOR SCHEMATIC DESIGN AND AS -BUILT DRAWINGS IS
HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE REGULAR MEETING
OF MARCH 7, 1979.
MAR 211979
86
BOOK PAGE 3.136
1
0
AGREEMENT
BETWEEN OWNER AND ARCHITECT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into this
day of 7&Aea(i , 1979, by and between INDIAN RIVER:COUNTY
BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as
"OWNER", and CONNELL, METCALF & EDDY, INC., hereinafter
referred to as "ARCHITECT".
WITNESSETH:
WHEREAS, the OWNER proposes to do certain work towards
the development of a Schematic Design for remodeling of the
old Indian River Memorial Hospital and existing Courthouse
structures; and
WHEREAS, the OWNER desires to engage the ARCHITECT to
perform certain professional services pertinent to such work
in accordance with this Agreement; and
WHEREAS, the ARCHITECT desires to provide such pro-
fessional services in accordance with this Agreement;
NOW, THEREFORE, in consideration of the premises and the
mutual benefits which will accrue to the parties hereto in
carrying out the terms wof this Agreement, it is mutually
understood and agreed as follows:
I. GENERAL SCOPE OF THIS AGREEMENT
The relationship of the ARCHITECT to the OWNER will be
that of a professional consultant, and the ARCHITECT will
provide the professional and technical services required under
this Agreement in accordance with acceptable and best engineer-
ing, planning and architectural practices and ethical standards
of .the trade.
II. PROFESSIONAL AND TECHNICAL SERVICES
It shall be the responsibility of the ARCHITECT to work
with the OWNER and apprise it of solutions to engineering and
architectural problems and the approach or technique to be
used towards accomplishment of the OWNER'S objectives. The
scope of services to be provided to accomplish the OWNER'S
objective is as follows: .
saK PAGE 33 7
1:-
/ � v
1. SCHEMATIC DESIGN OF MODIFICATIONS AND SITE
•a
WORK FOR THE FOLLOWING BUILDINGS:
a. Old Indian River Memorial Hospital Building
b. Indian River County Courthouse Building
c. Courthouse Annex Building
FOR USE AS ADMINISTRATIVE AND COURT -SPACES BY
THE COUNTY, AND OTHER AGENCIES INCLUDING°THE
COUNTY SCHOOL BOARD.
Schematic Design will include the following:
1.1 The Architect will review the Space Program
prepared by it as a part of the Facilities Plan •
with all the agencies planned to be located in
these building and obtain necessary design
guidelines and review understanding of such
requirements with.the Owner.
1.2 The Architect will evaluate and review with the
Owner alternative approaches to design and con-
struction of modifications to these buildings.
1.3 The Architect will prepare, for approval by the
Owner, Schematic Design Documents consisting of
drawings and other documents illustrating the
scale and relationship of all components to be
located in these buildings based on the Space
Program and the Project budget requirements.
2. AS BUILT DRAWINGS OF EXISTING FACILITIES:
The.Architect will provide services to investigate
existing conditions in the above mentioned
County buildings or, to make measured drawings
thereof, or to verify the accuracy of drawings
furnished by the Owner.
III. PERIOD OF SERVICE
K
A. The ARCHITECT will begin to work promptly after re-
ceipt of a fully executed copy of this Agreement; such receipt
shall constitute written notice to proceed. Development of the
Schematic Plan is scheduled to be completed within eight (8)
weeks of notice.
IV. METHOD OF COMPENSATION
A. TIME CHARGES. The OWNER agrees to compensate the
ARCHITECT for the professional services called for under this
•ti Agreement by taking the direct salary expense of all those
persons engaged directly on the ONWER'S work and adding a sur-
charge of 187 percent for overhead and profit for time
directly chargeable to the project. Average direct Salary
expense shall not exceed the amounts shown on the following
schedule:
-2-
800K 39 PAGE 338 `m
MAR 2 11979
The first six principals - $19.25 per hour
Project Manager, R. Singh - $14.30 per hour
Department Heads - $12.75 per hour
Architect or Engineer - $11.21 per hour
Drafting - $7.90 per hour
Clerical and Typing - $5.00 per hour
B. OUT -OF -POCKET -EXPENSES. The Owner shall reimburse
the ARCHITECT for all out-of-pocket expenses directly chargeable
to the project, at actual cost incurred, plus a service charge
of 10 percent. Such charges shall be itemized and included in
the morithly invoices for time charges.and shall be submitted
and paid as provided for time charges. Typical reimbursable
expenses include travel, lodging, meals and travel expenses
when traveling in the OWNER'S behalf, identifiable communication
expenses, identifiable reproduction costs, computer machine
charges, survey supplies, special accounting expenses not
applicable to general overhead.
C. LIMIT OF FEE. Total compensation to the ARCHITECT
for the professional services described under Section II of
this Agreement shall not exceed the amounts established as
follows:
$55,709.00 For Schematic Design
$13,500.00 For As Built Drawings
Compensation to ARCHITECT may be substantially less
than the amounts reflected above depending on re-
quirements of County.
V. INVOICING PROCEDURE
A. The ARCHITECT shall submit invoices (and time and ex-
pense records if requested) to the OWNER for work accomplished
during the preceding two weeks. Such invoices shall be submitted
by the ARCHITECT bi-weekly for the work accomplished and shall be
due and payable by the OWNER upon receipt or by the next pay
period.
VI. ADDITIONAL PROFESSIONAL SERVICES.'
In addition to the above, OWNER may at or prior to the
completion of the services described in Section II of this
-3-
BOOK 39 PAGE 339
MAR 2 11979
r'
•
Agreement, negotiate mutually satisfactory addendums to this
Contract expanding services to be performed in the following
areas:
Design Development Phase
Construction Documents Phase
Bidding Phase
Construction Phase
VII. TERMINATION
This Agreement may be terminated by either party by seven
(7) days prior written notice. If this Agreement is terminated,
the ARCHITECT shall be paid in accordance with this Agreement
for all satisfactory work performed up to the date of
termination.
IN WITNESS WHEREOF, the parties hereto have accepted,
made and executed this Agreement upon the terms and conditions
above stated on the day and year first above written.
Signed,sealed and delivered in
the presence of: ARCHITECT:
i
CONNELL� MET ALF &'� -DY, INC.
r�
Thomas 8. Rooney, President
As It 'A chitect
(SEAL)
OWNER:
INDIAN RIVER COUNTY
6, BY tl2v
William C. Wodtke, Jr. airman
Board of County Commissioners
Attest:,�c't�,�_,
AsJtOwner Freda Wright, Clerk,,/
MAR 2 11979
(SEAL)
Bou 39 PAGE 340
7
CITY OF VERO BEACH RESOLUTION y0. 2811 AND CITY OF SERO
BEACH ORDINANCE NO. 1387 REGARDING ANNEXATION OF PROPERTY SITUATE IN
THE UNINCORPORATED AREA OF INDIAN RIVER COUNTY CONTIGUOUS TO THE CITY
OF VERO BEACH (WILD TURKEY GROVES, INC.) ARE HEREBY MADE A PART OF
THE MINUTES.
MAR 21 1979
K
91
an 39 PAGE 341
A
PE SOLUTION NO.
11--13-78
A RESOLUTION PURSUANT TO. SECTION 171.044, FLORIDA
" S'1'A'i LIT1:S , I1J (;OiJIILCTIOiJ 1:ITII '1'llr PETITI.ONI OF
WILD TURKEY CROVLS, INC. , OWNEIR OF CF.l'a'AIN LAND
SITUATI: IN THE UNINCOPPORATED PORTION OF INDIAN
RIVE)" COIINTY, FOR VOLUNTARY ANNEXATION To TI117
CITY 'OF VERO BEACH, MAKING FINDINGS AND DE ER-
MINAI"IONS . Awa
' 9
IMEREAS, under date October. 26, 1978, Wild Turkey Groves, Inc.,
petitioned the City of Vero Beach for voluntary annexation of:
All that certain piece or parcel. of land situate
in the County of Indian River, State of Florida,
being bounded and described as follows:.
All of Government Lots 3, 4, 5, 6, 7 and 8, in Section
8, Township 33 South, Range 40 East, and Cot=ernment
Lot 1, Section 9, Tov:-nship 33 South, Range 40 East;
AND, also an island located in the Indian river known
as. Paradise Island, and two (2). other islands in the
Indian River in Section 8, Township 33 South, Range
40 East, one island Lying north of Paradise Island
and the -other island lying south of Paradise Island,
TOGETHER WITH all littoral and riparian ri.hts;
EXCEPT, H01 EVER, that part thcre.of described as follows :
Beginning at the Southwest corner of said Governincrnt
Lot 1, Section. 9, and running th?':ce South £10; degrees
59 minutes 1-5 seconds 'E'ast -1446.71 feet al -m-; they
Southerly boundary of Lot 1, Section 9, to the mean
high water line of the Atlantic Ocean;
Thence, meander said mean high water line to a point
which bears North 28 cltgrees 41. minutes 06 seconds
West, 1230.19 feet from the end of the aforenamed
course;
Thence, continue to meander said mean high:aat-er line to
a point which bears North 25 degrees 22 minutes 37
seconds West 617.76 feet from the end of the aforenamed
course;
Thence, South 64 degrees 58 minutes 46 seconds West
347.61 feet;
Thence, North 25 degrees 01 minutes 14 seconds'West
56.00 feet;
Thence.-, South 64 degrees 58 minutes 46 seconds West
400.00 feet;
Thence, North 25 degrees 01 minutes 14 seconds West
20.00 feet;
Thence, South 64 degrees'58 minutes 46 seconds West:
48b.00 feat;
Thence, North 25 def;rcu:e: 01. win-ites 14 seconds ,Test
547.00 feet;
MAR 211979
BOOK 39 PAcF 34"'
U
and,
Thence, South 64 degrees 58 miputes 46 seconds West
500.00 feet;
Thence,' North 25 aegrees 01 minutes 14 second.. Fest
17.00 feet;
Thence, South 64 degrees 58 minutes 46 seconds West -
330.00 feet;
Thence, South 25 degrees 01 minutes 14 seconds East
66.00 feet;
Thence, South 64 degrees 58 minutes 46 seconds Wcst •
210.00 feet to an intersection with the East shoreline
of the said Indian River, and meander said shoreline
from Course Number 1 through Course Number 7 as follows:
MEANDER COURSES 1 - 7 e
1. South'8 degrees 57 minutes 47 seconds East 102.83
feet;
2. Thence, South 7 degrees 00 minutes 31 seconds.East
129.46 feet;
3. Thence, South 16 degrees 50 minutes 48 seconds East
183.64 feet;
4. Thence, South 52 degrees 40 minutes 52 seconds East
.243.64 feet;
5. Thence, South 27 degrees 56 minutes 55 seconds East
171.•03 feet;
6. Thence, South 4 degrees 26 minutes 49 seco-,ds Wcst
268.70 feet;
7. Thence., South it degrees 13 tiinutc.s 50 seconds East
230.01. feet to all intc,a-> ection �:�;.tll the South
of said.Governmcrzt Loi: 8, Section 8;
END Or MEANDER COURSES
Thence, Sotith 89 degrees 59 ninutes 59 seconds E12st
1323.35 feet along; the South boundary of. Government Lot
8, Section 8, to the Southeast corner of Lot 8, Section
8, and the point of beginning.
WHEREAS, the Council of the City of Vero Beach referred the
matter to its Planning Department for review and recommandation
whose report was received on January 8, 1979
NOW, TIIERErOR.E, be it hereby resolved and determined by the
City of Vero Beach, by its Council assembled and it is hereby
resolved and determined by the authority of the same:
.11.11...4.1111 r
The sii;nature on tho pet::ition for voluntary annexation of:
MAR 2 11979
- 2 -
BOOK 39 PACE 343
1
All. that certain llirce or parcel of land situate
in the County of 1.ndian River, State of Florida,
being bilunded and deocribed ns follows:
All of Government Lots 3, 4,'5, 6, 7 and 8, in Section
8, 7'otmshi.l, 33 South, Range 0 Fast, and Government
Lot 1, Section 9, Township 33 South, Rauge 40 bast.;
AND, also an island located in the Indian River known
as Paradise island, and two (2) other islands in the
Indian River in Section 8, Township 33 South, Range
40 East, one island 'lying; north of Paradise Island
and the other island lying south of Paradise Island•,•
TOGETHER WITH all littoral and riparian rights;
• 9
EXCEPT, HOWEVER, that part thereof described as follows:
Beginning at the Southwest corner of said Government
Lot 1, Section 9, and running thence South 89 degrees
59 minutes 15 second;. East 1.440.71 feet along, the
Southerly boundary of Lot 1, Section 9, to the mean
high water line of the Atlantic Ocean;
Thence, meander said mean high water line to a point
which bears North 28 degrees 41 minutes 06 seconds
West, 1230.19 feet from the end of the aforenamed
course;
Thence, continue to meander said mean highwater line to
a point which bears l:orth 25 degrees 22 minutes 37
seconds West 617.76 feet from the end of the aforenamed
course;
Thence, South 64 degrees 58 minutes 46 seconds West
347.61 feet; -
Thence, North 25 degrees 01 minutes 14 seconds [gest
56.00 feet.;
Thence, South 64 degrees 58 minutes 66 s econc? s [•les t
400.00 feet;
Thence, North 25 degrees 01 minutes 14 seconds I -lest
20.00 feet;
Thence, South 64 degrees 58 minutes 46 seconds [Nest
480.00 feet;
Thence, North 25 degrees 01 minutes 14 seconds Nest
547.00 feet;
Thence, South 64 degrees 58 minutes 46 seconds -West
500.00 feet;
Thence, North 25 degrees 01 minutes 14 seconds West
17.00 feet;
Thence, South 64 degrces'58 minutes 46 seconds West
330.00 feet;
Thence, South 25 degrees 01 minutes 14 :.seconds East:
66.00 feet;
Thence, South 64 deprces 58 rlinutc s 46 seconds West:
210.00 feet Lo an int(IrSOcti011 With the East ahol-clitle
of the :sail 111d:i.alt incl momider :sni.d slloeel�ine
frolsi Gotu'::c 1;11116or 1 tilrojig;h Gour:.e Nunibor 7 as follows:
- 3 -
BOOK 39 PACE 344
MAR 211979
•
rIEANDEA' COURSES l - 7
1. South 8 degree's 57 minutes 47 seconds East 102.83
• '.fee;
Z, Thence, South 7 degrees 00 minutes 31 seconds East:
129.46 feet;
3: 'thence, South 16 degrees 50 minutes 48 seconds East -
183.64 feet;
4. Thence, South 52 degrees 40 minutes 52 seconds East
.243.64 feet;
• 9
5. Thence, South 27 degrees 56 minutes 55 seconds East:
171.03 feet; -
6. Thence, South 4•degrees 28 minutes 49 seconds West
268.70 feet;
7. Thence, South 11 degrees 13 minutes 50 seconds East
230.01 feet to an intersection with the South bounclary
of said Government Lot- 8, Section 8;
END OF I•IEANDER COURSES
1
Thence, South 89 degrees 59 minutes 59 s(-:conds East
1323.25 feet alone . the South boundary of Goverru'aent Lot
8, Section 8, to the Southeast corner of Lot 8, Section
8, and the point of beginning.
is the signature of the person it purports to represent: and same was
done under authority of the .corporate owner, t•,Tild Turkey Grovcs, )"n.c. ,
corporate oVI1er Of -Said property.
SECTIONT II
The parcel to be annexed is reasonably compact and is contiguous to
the City of Vero Beach within the meaning of Florida Statutes Sections
171.031 and 171.044, and is not part of an incorporated municipality.
SECTION III
The annexation of said parcel will not result in the creation of an
enclave in compliance with Section 171.044(5), Florida Statutes.
SECTION IV
`' ` - The annexation z+*ould take place in a single county, to -wit, Indian
River County, in .compliance with Section 171.045, Florida Statutes.
The proposmi rnnrxat ion will. not: unduly burden the City and watvi-
aud sewer linens will be extended to said p0re-01. with iio Co. -It to the
Boo0 PA445
MAR 2 11979
L
taxpayers. Tile projected ad .valorem tax revenues from said property I`
are sub.tantial as the vast majority of said property will not be
tax exempt or have reduced taxes because of its use or tho legal status
of its present or future owners.
�S
I IfEREBY• CERTIFY that' the foregoing resolution was passed by t1ie I
I
Council of the City of Vero Beach on the AE day of
. I
19.
R
ATTEST:CITY OF VERO BEACH, FLORIDA
By
4ryl 1jt. Stevens, City C erlc Jay A. Su�iL1z, Flavor
MAR 2 11979
- 5 -
PAGE 340
11-16-78
ORDINANCE 110.
AN ORDINANCE III1P]:R AI1T11ORITY OF SECTION 171.044 -
FLORIDA STATIITES, BY ACTING FAVORAI�LY ON TI1E
PE'1:ITION 'BY WI.LD TURKEY GROVES, INC., THE OWNIJI:
OF CERTAIN MAL PROPERTY SITIIA"1', 1N T111,1'UNINCORPORATED AREA OI. INDIAN RIVFI: COUNTY
CONTIGUOUS TO THE CITY OF VITRO BEACH FOR VOLUN-
TARY ANNIEM1'1TION TO THE CITY OF VERO BEACH, AND
AMENDING SECTION 7 OF THE ClUkRTER OF THE CITY
OF VERO BEACH, UNDER AUTHORITY OF CHAPTER 166,
' FLORIDA STATUTES, THE MUNICIPAI, HOMIE RULE POWERS `
ACT, BY REDEFINING TIE BOUNDARY LINES OF THE
CITY OF VERO.BEACH TO INCLUDE SAID PROPERTY.
THE COUNCIL OF THE CITY OF VERO BEACII HEREBY ORDAINS:
SECTION I
Under authority of Section 171.044, Florida Statutes, and
in response to petition of the owner thereof, Wild Turkey Groves,
Inc., for voluntary annexation, the following,described parcel of
land, including t',•iree (3) islands, all situate in the, unincorpo Ltce
portion of Indian River County, Florida, contiguous' to the City of
Vero Beach, is hereby annexed to the City of Vero Beach:
All of Government Lots 3, 4, 5, 6, 7 and S, in
Section 8, Township 33 South(, Range 40 East, and
Government Lot 1, Section 9, Township 33 Sovth,'
Range 40 East; k"D, also an island located in the
Indian River known as Prange's or Paradise Island,
and tuo (2) other islands in the Indian River in
Section 8, Township 33 South, Range 40 East, one
'island lying north of Paradise Island and the other
island lying south of Paradise Island,
TOGETHER WITH all littoral and riparian rights;
EXCEPT, HOWEVER, that part thereof described as follows:
Beginning at the Southwest corner of •said Government
Lot -1,' Section 9, and running thence South 89 degrees
59 minutes 15 seconds East 1446.71 feet along; the
Southerly boundary of Lot 1, Section 9, to the mean
high water line of the Atlantic Ocean;
Thence, meander said mean high water line to a point
which bears North '?v dc�g;rc'cs 41 minutes 06 seconds Wcst,
1230.19 feet from the ciid of the aforenamed course;
Thence, conti.liuc to Titenndcr said mean hi.g;lnMtcr line to
a poi -tit ea►i.ch bears, North 25 dopyces 22 minute:; 37
secontIs Wast 617.76 foot. from no end of the afor'cn<ullod
Cour:. c ;
Tlicneo, Somli 64 deg;re(,s 58 mg.nut-c 46 secoiuls bacs't
347.61 feet;
aaOK 39 PACE347
1IMA :
M
Thence, North 25 dogrees 01 minutes 14 seconds West
56.00 feet;
Thence, South 64 degrees 58 minutes 46 seconds West
400.00 feet;
Thence, North 25 degrees 01 minutes 14 seconds West
20.00 feet;
Thence, South 64 degrees 58 minutes 46 seconds.West
480.00 feet;
Thence, North 25 degrees 01 minutes 14 seconds West
547.00 feet;.
Thence, South 64 degrees 58 minutes 46 seconds West
500.00 feet;
Thence, North 25 degrees 01 minutes 14 seconds West
17.00 feet;
Thence, South 64 degrees 58 minutes 46 seconds West
330.00 feet;
Thence, South 25 degrees 01 minutes 14 seconds East.
66.00 feet;
Thence, South 64 degrees 58 minutes 46 seconds West
210.00 feet to an intersection with the East shoreline
of the said Indian River, and meander said shoreline
from Course Number 1 through Course Number 7 as fo]_loi•7s:
MANDER COURSES 1 -- 7
1. South 8 degrees 57 minutes 47 seconds East 102.8:3
feet-;
2. Thence, South 7 degree.,. 00 minutps 31 seconds East
129.46 feet;
3. Thence, South 16 degrees 50 minutes 48 seconds East
183.64 feet;
4. Thence, South 52 degrees 40 minutes 52 seconds East
243.64 feet;
5. Thence, South 27 degrees 56 minutes 55 seconds East:
171.03 feet;
6. Thence, South 4 degrees 28 minutes 49 seconds West
268.70 feet;
7. Thence, South 11 degrees 13 minutes 50 seconds East
230.01 feet to an intersection with the South
boundary of said Government Lot*8, Section 8;
END OF MEANDER COURSES
Thence, South 89 degrees 59 minutes 59 seconds East
-1323.35 feet along; the South boundary of Covernment: Lot
8, Section 8, to the Southeast corner of. Lot 8, Section
8, to the point of beginning.
712e boundary lanes, Of tlir. City of Vero RUaeh shall be r(�dof.inetl
to include said hroper.t-y so annexed.
- 2 -
Baox 39 FACE 348
P
SECTION III
;That Section 7 of the Charter of the City of Vero Beach is
hereby amended to read as follows:
"See. 7. Corporate limits.
The following shall be the territory, the
inhabitants of which are hereby established and
organized into a municipal corporation, and over
which such municipal corporation shall exercise
its jurisdiction and powers, to -wit: ,
Beginning at the Northwest corner of the
Southeast quarter of the Southwest one-quarter
of Section 28, Township 32 South, Range 39 East,
run South one mile to the Southwest.corner of
the Northeast quarter of the Southwest quarter
of Section 33, Township 32 South, Range 39 East-;
thence run East one-half mile to the Northwest
corner of the Southeast quarter of the Southeast
quarter: of the said Section 33; thence run South
one-quarter mile, more or less, to the .orth
right-of-way line of Walker Avenue which is a
County road along; the South line of Section 33;
thence run East along the North right-oJE-Wav
line of Walker Avenue to the, East line of. the
County Road right--of-t•.ay along the East side of the
said Section 33; thence run South al-mil,,3 the Fast
line of the said County Road right-of:-•wny to the
Main Canal of the Indian River Farnts I),:ainage
District; thence caritintae South along; t:hc
East lire of Fortythird [Avenue to a point 35
feet North of the South l:iile Gf the 'L�Gx ;:cst
quarter of the Northwest quarter of Section 10,
Township 33 South, Rz iige .39 Test, the !,-,id
point being -on the North line of. Fourteenth
Street; thence East along the North Linc: of Four-
teenth Street to the East line of Section 11,
Township 33 South, Range 39 East; thence South
666 feet to the South line of the Fero Ber3ch
Cemetery; thence East along the South line of
the Cemetery to the East line of the Southwest
quarter of the Northwest quarter of Section 12,
Township 33 South, Range 39 East; thence forth
along the said East line of the South�:cst quarter
of the Northwest quarter and the Northwest quar-
ter of the Northwest quarter of Section 12 to
the East right -of -tray line of the Florida East
Coast Railway; thence continue North along the
East line of the Northwest quarter of the North
west quarter to a point which is 350 feet- South
of the North line of Section 12; thence East
and parallel to the North line of Section 12 a
distance of 887.5 feet-; thence South a distance
of five feet; thence hast on a line p.ziral.lcl to
.t and 355 feet South of the North line of said
Section 12 to the East line of. Federal Highway
No. 1; thence, North alone; the said East Ili ghway
line to the South line oi. Eii;htecnth St-eet
(Knight Road); t-hcncc, East: along the South line
of Eiglltcc•nLh Street t;o the Ez'st line of the
-West• 10 acre:i of (;ovc-rnmc!nt Lot: 4, of Suction
6, Township 33 South, Range. 40 East; thence
Sollta, r11rnlf" the last 1.111e of tho said 1 -lost 10
acres, of Goverilnuent Lot 4. SOCt.1.011 6, told con-
tinue South to the South line of the North 5
dere~ of this East 10 acres: of the West 20 acres
- 3 -
OD�(� PAGE 349
MAR 211979
M
-of Goverumcnt Lot 2, Section 7, Township 33
South, Range 40 East; thence East along the
South line of said North 5 acres of the East 10
acres of the Gest 20 acres of Government Lot- 2;
to the ],last line of the I -lost 20 acres of Govern—
went Lot 2, Section 7, Township 33 South, Range
40 East; thence South along the East line of
the West 20 acres of Government Lot 2, to the
South line of'Government Lot: 2, Section 7; '
thence Fast along; the South line of: Lots 2 and
1 of said Section 7 and continue East along; an
Easterly extension of said South line to a lfoint:
thereon which is 1,712 feet Nest of. the Southeast
corner of Government- Lot 2, Section 8, Tovniship
33 South, Range 40 East; thence g;encrally
Southeasterly on a straight line /4,045+ feet to a
point oil the South boundary of Section8, Township
33 Sc°.jth, Range /i0 East which point is 3,023 feet
wost• of tie Southeast corner of said Sectio. 8;
thence East along; the South boundary of said
Section 8, 1,075 feet to the point on said line
which is 1,948 feet [lest of the Southeast corner
of said Section 3; thence North 1,025 feet;
thence Horth 64 degrees 58 minutes /+6 seconcs East
510.00-1- feet; thence North 25 degrees 01 minutes
14 seconds West 66.00 feet_; thence. North 64
degrees 58 minutes 46 seconds Bast: 330.00 fcc+t;
thence South 25 degrees 01. minutes 1.4 secon-'s
East 17.00 feet; thence i:or.lz 64 de grres
58 miniitos 46 soconds Eciz; = 500.00 fret; thc_,ce
South 25 degrees 01 minutes 14 seconds East 547.00
feet; thence North 64 dcg recs 58'minut:e:S 1q6 seconds
East 450.00 feel.:; thence. South 25 dog rocs 01-'Anutes
14 seco_ ds East 20.00 feci:; thence I:orth 64 dc;rtes
58 minutes 46 seconds Exist 400.00 feat; thence
South 25 deg;recis Ol minutes 14 seconds East 156.00
feet; thence North 64„deg;rees 58 minutes 46 secobds
East to the East boundary* of the State of 1,101:i6a;
thence generally Norther) -y along=, the East bol.,,ndary of
the State of Florida to a point where the Forth line
of Government Lot 1, Section 29, Township 32 South,
Range 40 East, extended intersects the Last boundary
of the State of Florida; thence [lest along; the exten-
sion of said Government Lot 1 and al..ong=, the ;North
line of Government Lot 1, Section 29 and 30,
Township 32 South, Range 40 East to the East shore
of the Indian River; thence meandering South and
Eastward along; said Eastern shore of the Indian
River, to the Southeast corner of Tract 25, said
tract being; the South boundary of Indian River
Shores as set forth in Cli:peer 57-1415, Special
Acts of 1957; thence continuing; westwardly along
said South boundary of 'Tract 25 as hcrcin set
forth, to the Soutb%,est corner of Tract 25; thence
Southeast to the Northc,ist corner of Tract- 18;
t'hencc 5outh LI.0111' the. Eac;t boundary of Tract: 18 as
set forth in Chapter 57-1/41.5, special ]lets of 1957,
to tile North/Scnitai c.entrr.1:i.nc of So ction 30, Town-
. South, P Inge /i0 1,la::t; thence run lost to the
ship 3'1_
convo : of Scet:i.on 30; thcncc West ,00111', th(> North/
South ct,nterl.inv of. Scet:ion 30, and the: 1!ort:h/South
- 4 -
MAR 2 i 1979
ROOK 39 PAGE 350
centerline of Section 25, Township 32 South, rrng;e
39• East, to Lhe Nortlnjcst CornC7- of Government Lot
3, Section 25, Tom bip 32 Soutar, Range 39 East;
thence SouLh along the West line of Government
Lots 3 rind 4 of Section 25 and the East one-quarter
of Section 36, Township 32 South, Range 39 East- to the
Sough right--of-way l.iar. of the: Main Canal of the
Indiana River Farms, Drainage District; thence West along;
the South ri.g;ht-of-•,ray line of the. Main Canal to.
a point due South of the East line of. R. D..,Carter.'s
Subdivision in the Northeast quarter of the'Southeast
quarter of Section 35, Township 32 South, Range
.39 East; thence run North along the said East
line of R. D. Carter's Subdivision to the Northeast
corner of the said R. D. Carter's Subdivision;
thence gest along the North line of R. D. Garter's
Subdivision to a point 200 feet East Qf the East
right-of-way line of Federal Highway No. 1; thence
Northerly and parallel. to the East right--of-way
line of the Federal Ilig;hw iy to the North line of
Section 35, Tmmship 32 South, range 39 1East;
thence West along; the North line of. Section 35
to the West right-of-way lino. of the Florida East
Const Mail-vmy; thence ',.•;ortherly° along; the West
right-of-way line of the Railway 2700 feet, more
or less, to the South right-of-way line of the
County Road (South Gifford Road); thence West
along the South line of the said County Road to
the centerline of the Northeast quarter of the
ee
Soutln'st quarter of Scct _on 27, Toe:nsha.P 32 South,
Range 39 Fast; theaace South to a point- 200
feet South of the Northeast corner of the
Southvees L quartan of the Southe st qum-Lm- of the
Southwest quarter_ of Sc,ction 27, Township 32
South, Range 39 East; thence VTcrt to t1he ?:?st. Iinc
of the I'lest half of the Last h tl) of 'the: Soui:liV SL
quarter of the South;,est qularter of Sect --'m 27,
To\mship 32 South, Raug;e 39 Past; thence i;orth
along; the saicl East line of the VIcst hall: of the
East half of the Sout?acacst quarter of the South-
west- quarter of Section 27 to the North line
of the Sout-l-n.,,ost quarl-er of they Southwo..st quarter
of Section 27; thence West alone the North lime of
the Southwest quarter of the Southwest quarter of
said Section 27, and the North line of the South-
east quarter of the Southeast quarter. of Section
28, Township 32 South, Range 39 East, to the
Southeast corner of the West 10.58 acres of the
East 20.58 acres of said Northeast quarter of the
Southeast quarter of Section 28; thence North along;
the East line of the said 10.58 acres of the East
20.58 acres of the Northeast quarter of the South-
east quarter of Section 28, to the South right-of-
wayline of the County road (SouLh Cifford Road);
thence West- along; the South line of said County
Road to the West 'line of the hest 10.55 acres of
the East: 20.58 nacres of- the Northeast quarter of
y, the Southea:;t quan
arter of Section 28, To,slai.p 32
South, Range 39 Last;' thence South on sr.tid West .
line of the West 10.58 acres of tho East :0.58
arra.; of: tlac Norther>t: qu::rt:cr oL the. Southca::t .
quarter of Section 28' to the Forth ling of the
Soaatlionst qurrtcar of Qae Southoast quarter of
Section 28, Towil ,l;i.l) 37. South, l:ang e 39
thence We.:t to the point of hr.g;itl;aiaag,,; all of- the
above: lying', in Indian River County, Flor.i.da."
SUTTON IV
This ordi.atancc shall becolnu effcctive inunedirately upon
final pansng;c,
- 5 -
` BOOK PAGE 351
MAR 2 11979
I llElt]:RY CI:i.'rIFY that the forugoing, ordinance w;'S finally
passed by the C; j -.y Counci.l, of the City of Vero Beach, Florida,
r
on the day of 19%.
ATTEST; CITY OF VERO BEACH, FLORIDA
BY e\—
aryr—/k. Stevens,
City Clerk Mayor '.
- 6 -
MAR 211979
Boa 39 PAGE352
CEE ENLARGED 1A SECTIONS
'U:14u, DAY
P-. .ID InVA4, a -,Y ?,u0tv. OCEAN CORP. §Ur3:yL;lqm
4-1
V)T 1 6 -
\LX
It's.
GOV' LOT 4 G
tl
GOV. LO °S, . OV LOT
Ll
V,
. ......... .. .
PARADISE
ISLAND W !7
(YLoov."COT 7 GOV. L
Cl*
GOV. LOT I
GOV. LOT 3
7
x
M U-'LAqCZ3 PLOT OF
L G. 4C', B -33-<J MO
rART CF G 1, SEC. 5-33-40
-7—:77--7-7 ,-:7-7�-7--7777-7--777--7- 7 -7
I
U
11
I
1*
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 PHOS.
61338 - 61492 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM
THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS
PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH
RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES.
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND
CARRIED, THE BOARD ADJOURNED AT 6:05 O'CLOCK P.M.
ATTEST:
Qdi'�e-
CLERK CHAIRMAN
104
MAR 211979
RooK 39 PAcf 354