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HomeMy WebLinkAbout4/18/1979• WEDNESDAY, APRIL 18, 1979 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, APRIL 18, 1979, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; 14ILLARD W. SIEBERT, .JR.; R. DON DEESON; AND PATRICK B. LYONS. ALSO PRESENT. WERE NEIL NELSON, ASSISTANT COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS, .JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; .JEFFREY K. BARTON, FINANCE OFFICER; BAILIFF DAN FLEISCHMAN; AND VIRGINIA HARGREAVES AND JANICE CALDWELL, DEPUTY CLERKS. .JACK G. .JENNINGS, COUNTY ADMINISTRATOR, WAS ABSENT DUE TO A DEATH IN HIS FAMILY. THE:CHAIRMAN CALLED THE MEETING TO ORDER. VICE CHAIRMAN LOY LED THE PLEDGE OF ALLEGIANCE TO'THE FLAG, AND THERE WAS A MOMENT OF SILENCE IN MEMORY OF ADMINISTRATOR .JENNINGS' RECENT LOSS IN HIS FAMILY. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF APRIL 4, 1979. COMMISSIONER LYONS NOTED THAT ON PAGES 57 AND 58, "FHA" SHOULD BE CHANGED TO "FMHA." THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF APRIL 4, 1979. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM FOR PIERCE R. ENNESSY. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM FOR THE FOLLOWING: C. REED KNIGHT, .JR. CARL GREENE, .JR. ADAM VICTOR KELLER, .JR. awK 39 PAGE 429 J ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PROVIDE FUNDS FOR THE ADVERTISING ACCOUNT FROM THE GENERAL FUND, AS FOLLOWS: ACCOUNT TITLE ACCOUNT No. INCREASE DECREASE ADVERTISING 01-2101-333.00 $3,000.00 RESERVE FOR CONTINGENCIES 01-9990-701.00 $3,000.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PROVIDE FUNDS FOR THE COUNTY JUDGE'S COMMUNICATION EXPENSE ACCOUNT AND FOR THE MAINTENANCE OF THE'XEROX MACHINE IN THE COUNTY JUDGE'S OFFICE, AS FOLLOWS: ACCOUNT TITLE . ACCOUNT NO. INCREASE DECREASE COMMUNICATIONS 03-2324-335.00 $900.00 MAINTENANCE OF EQUIPMENT 03-2324-338.00 $ 300.00 RESERVE FOR CONTINGENCIES 03-9990-701.00 $1,200.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR PETE SPYKE, AGRICULTURAL SPECIALIST, AS FOLLOWS: MAY 2 TITUSVILLE 4-H MARINE ORIENTATION FIELD TRIP MAY 5-6 CAMP MC9UARRIE 4-H SENIOR DISTRICT EVENTS ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER•DEESON, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAY ROLLS, COUNTY COURT, MARCH -APRIL TERM, 1979, IN THE AMOUNT OF $139.68, AND FOR THE APRIL TERM, 1979, IN THE AMOUNT OF $128.12. THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: REPORT OF TRAFFIC VIOLATION BUREAU - SPECIAL TRUST FUND, MARCH, 1979. TRAFFIC VIOLATION FINES BY NAME, MARCH, 1979. REPORT OF CONVICTIONS, CIRCUIT COURT, MARCH, 1979, 2 Boa 39 PAGE 430 APR � � 1979 RECEIPT FOR DEPOSIT OF COUNTY -FUNDS, FROM SHERIFF .JOYCE FOR THE FOLLOWING: NOVEMBER, 1978 - $ 380.00 DECEMBER, 1978 - 586.00 .JANUARY, 1979 - 865.00 • FEBRUARY, 1979 2,455.60 MARCH, 1979 - 628.00 MR. S. P. MUSICK, SURVEYOR, REPRESENTING EUGENE COBB, APPEARED BEFORE THE BOARD REQUESTING TENTATIVE APPROVAL OF HALLELUIAH ACRES SUBDIVISION. HE EXPLAINED THAT THIS PLAT WAS PRESENTED IN NOVEMBER OF 1976 BUT WAS HELD UP DUE TO THE DRAINAGE PROBLEM ADJACENT TO THIS PROPOSED SUBDIVISION ON THE NORTH. MR. MUSICK STATED THAT MR. JENNINGS HAS INFORMED HIM THE DRAINAGE PROBLEM HAS NOW BEEN RESOLVED, AND MR. JENNINGS HAS NO OBJECTION TO TENTATIVE APPROVAL BEING GIVEN AT THIS TIME. COMMISSIONER LYONS ASKED ABOUT THE LOCATION OF.THE PROPERTY AND BARBARA BERARD DISPLAYED AN AERIAL PHOTOGRAPH OF THE PROPERTY. COMMISSIONER LYONS ASKED ABOUT THE SEPTIC TANK PRESENTLY LOCATED NEAR THE MOBILE HOME. MR. MUSICK REPLIED THAT WHEN THE OWNER APPLIES FOR HIS BUILDING PERMIT FOR LOTS 3 AND 4, HE WILL HAVE TO CORRECT THE LOCATION OF THE EXISTING SEPTIC TANK. MOTION WAS MADE BY COMMISSIONER SIEBERT FOR TENTATIVE APPROVAL OF HALLELUIAH ACRES SUBDIVISION, SUBJECT TO THE REMOVAL OF THE EXISTING MOBILE HOME OFF THE LOT LINE. THE MOTION DIED FOR LACK OF A SECOND. MR. MUSICK EXPLAINED THAT ZONING DIRECTOR WALKER COULD NOT GIVE A BUILDING PERMIT TO MR. COBB UNTIL HE MAKES THESE CORRECTIONS. ATTORNEY COLLINS RECOMMENDED TO THE BOARD THAT THE MOTION INCLUDE THE REMOVAL OF THE MOBILE HOME OFF THE LOT LINE PRIOR TO THE FINAL PLAT. HE ALSO RECOMMENDED THAT•WITHIN 18 MONTHS, MR. COBB MAKE PROVISIONS TO COMPLY WITH THE COUNTY'S EXISTING ORDINANCES BY RELOCATING THE STRUCTURES. DISCUSSION FOLLOWED REGARDING THE EXPENSE INVOLVED FOR THE OWNER IN REMOVING THE STRUCTURES AT THIS TIME, AND MR. MUSICK ASKED THE M APR 181979 BOOK 39 PA- A BOARD TO CONSIDER GRANTING TENTATIVE APPROVAL, SUBJECT TO REMOVING THE. LOT LINE BETWEEN LOTS 3 AND 4, AND MAKING THEM INTO A ONE ACRE LOT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, -THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF HALLELUIAH ACRES SUBDIVISION, SUBJECT, EITHER TO REMOVAL OF THE LOT LINE AND COMBINING LOTS 3 AND 4 INTO ONE LOT, OR THE REMOVAL OF THE MOBILE HOME, PRIOR TO FINAL APPROVAL, DEAN LUETHJE, AGENT FOR EUGENE WILMOTH AND CHARLES DEICKLER, OWNERS OF CLUB GROVE ESTATES SUBDIVISION, APPEARED BEFORE THE BOARD REQUESTING FINAL PLAT APPROVAL OF SAID SUBDIVISION. HE STATED THAT THIS PROPERTY IS LOCATED ON REBEL ROAD WEST OF MIRAFLORES SUBDIVISION; FINAL CERTIFICATION HAS BEEN GIVEN,AND ALL THE CONSTRUCTION IS COMPLETE. MR. LUETHJE REPORTED THAT THE ROADS, WHICH HAVE BEEN INSPECTED, WILL BE PRIVATE; THE LOTS ARE 1/2 ACRE; AND THE DEED RESTRICTIONS WILL BE RECORDED SEPARATELY. ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT HE HAS CHECKED THIS OUT WITH THE PLANNING DEPARTMENT STAFF, AND IT ALL CONFORMS. ATTORNEY COLLINS STATED THAT THE DEED RESTRICTIONS SHOULD BE RECORDED AFTER THE PLAT IS RECORDED AS THE COUNTY OUGHT TO HAVE COPIES OF THE RESTRICTIONS WHEN PEOPLE COME IN FOR THEIR BUILDING PERMITS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL OF CLUB GROVE, ESTATES SUBDIVISION, SUBJECT TO THE ADMINISTRATORS OFFICE MAKING A PHYSICAL INSPECTION OF THE PROPERTY TO EXAMINE THE DRAINAGE DITCHES. ROBERT E. ALBRIGHT APPROACHED THE BOARD REGARDING THE AGREE- MENT FOR HIS CONCESSION OF RENTING BEACH EQUIPMENT AT WABASSO BEACH FOR THE SUMMER. HE THEN ASKED THE ATTORNEY TO DEFINE ITEM 3 OF THE PRESENT AGREEMENT AND WONDERED IF THE MONTHLY PAYMENTS OF $25 WOULD CONTINUE ALL YEAR, OR JUST FROM .JUNE 1ST THROUGH AUGUST 31ST. ATTORNEY COLLINS VERIFIED THAT IT WOULD BE FOR 12 MONTHS, AS THIS WAS AN ANNUAL AGREEMENT. MR. ALBRIGHT EXPLAINED THAT AFTER SEPTEMBER IST THERE IS NO BEACH BUSINESS AS THE CHILDREN IN THE AREA RETURN -TO SCHOOL, AND THE 4 APR 181979 . moK 39 PACE 432 • L_ M. m SENIOR CITIZENS DO NOT USE THE RAFTS, HE, THEREFORE, HAS NO INTEREST IN THE AGREEMENT COVERING ANYTHING EXCEPT THE MONTHS FROM .JUNE IST TO SEPTEMBER IST. • CHAIRMAN WODTKE REMINDED HIM THAT THE COUNTY WAS PLANNING TO SPEND ABOUT $50,000 IN THE AREA FOR A BOARDWALK. MR. ALBRIGHT REPLIED THAT HE HAD BEEN WAITING FOR THAT TO OCCUR SINCE LAST YEAR, COMMISSIONER SIEBERT ASKED HIM TO DISCUSS HIS EXPENSES FROM LAST SUMMER. MR. ALBRIGHT REPORTED THAT HE BROKE EVEN; HIS.AVERAGE INCOME FOR THE SUMMER WAS $75.00 A MONTH; AND HIS ONLY EXPENSES WERE HIS SERVICE FEE AND INSURANCE. COMMISSIONER LOY FELT THAT BASED ON THIS INFORMATION, SHE HAD NO PROBLEM WITH AN AGREEMENT FOR THREE MONTHS BUT FELT IT OUGHT TO BE A NON-EXCLUSIVE CONTRACT. COMMISSIONER LYONS ASKED IF MR. ALBRIGHT KEPT BOOKS ON THE WABASSO BEACH OPERATION AND IF HE HAD ANY"OBJECTION TO THE COUNTY LOOKING AT THE BOOKS AND OPERATING ON A PERCENTAGE, MR. ALBRIGHT STATED THAT HE HAD THE SAME TYPE.CONTRACT WITH THE CITY AS HE DOES WITH THE COUNTY. COMMISSIONER SIEBERT INQUIRED ABOUT HIS FINANCIAL ARRANGEMENT WITH THE CITY AND MR. ALBRIGHT COMMENTED THAT HE PREFERRED NOT TO ANSWER. HE NOTED THAT THIS WAS AS MUCH A SERVICE TO THE PUBLIC AS IT WAS A SIDE INCOME FOR HIM. CHAIRMAN WODTKE FELT IF MR. ALBRIGHT WANTED AN EXCLUSIVE CONTRACT, THEN HE SHOULD BE AVAILABLE ON A YEAR-ROUND BASIS DURING PRIME TIMES. MR. ALBRIGHT INTERJECTED THAT MAYBE THE COUNTY OUGHT TO PAY HIM $50 A MONTH JUST TO HAVE HIM THERE AT THE BEACH. COMMISSIONER LOY ASKED ABOUT THE EQUIPMENT AND MR, ALBRIGHT STATED THAT IT IS ALL PAID FOR. THERE WAS SOME THEFT, BUT THOSE ITEMS HAVE BEEN REPLACED. APR 18 1979 5 mox 39 PACE 433 E DISCUSSION FOLLOWED ABOUT HAVING THE CONTRACT RUN FOR 3k MONTHS, AND IT WAS AGREED ,THAT MR. ALBRIGHT WAS, INDEED., DOING A SERVICE FOR THE COUNTY. COMMISSIONER SIEBERT FELT THAT NEXT YEAR THE BOARD SHOULD PUT THIS OUT FOR BIDS. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AGREED TO ENTER INTO AN EXCLUSIVE AGREEMENT WITH ROBERT E. ALBRIGHT FOR HIS CONCESSION AT WABASSO BEACH FOR A FEE OF $150,BEGINNING .JUNE 1, 1979 THROUGH SEPTEMBER 15, 19791 THE FEE BEING PAYABLE PRIOR TO .JUNE 1ST; AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. THE BOARD NEXT TOOK UP A REQUEST FROM .JOE B. SUIT, .JR., MAYOR OF THE CITY OF FELLSMERE,'REGARDING COUNTY -OWNED PROPERTY LOCATED IN THE CITY OF FELLSMERE, AS PER THE FOLLOWING LETTER: APR 181979 BOOK 39 ex€ 4.34 s L_ City of Fellsmere INDIAN RIVER COUNTY POST OFFICE BOR 3S FMAJIMERE, FLOB11DA - 32945 CflY CLERK'S ORRICE PHONE 571-0116 April 10, 1979 POUCE OEPr. PNONE 571-1360 14, 00, William C. Wodtke, Jr.., Chairman *'?' wr�'J 1 Board of County Commissioners 2145 14th Avenue Vero Beach, Florida, 32960 ��'✓ Re: City of Fellsmere ------------------ Dear Mr..Wodtke: I respectfully request to be placed on the agenda before the County Commissioners on the April 18, 1979, meeti4g to discuss County owned property within the corporate limits of the City of Fellsmere. A list of said property: Block 2 Lots 56, 58 and S9 Block 3 Lot 66 Block.6 Lot 153 Block 77 Lots 5 and 6 Block 80 Lots 6 and 7, 11 and 12 Block 81 Lots 1, 2 and 16 Block 95 Lot 7• Block 96 Lots 1 and 2 Block 121 Lot 11 This property is not being maintained by the County and same has presented our City with a definite health hazzard because of their overgrown condition, creating a haven foi.rodents, snakes and potentionally dangerous fire hazzard.. It is requested by the city government that the County consider deeding these widely scattered lots back to the City of Fellsmere for possible park sites or.deeding same to private individual property owners adjacent to these lots in order to gain some tax revenue for both the City, County and the State of Florida. Respectfully submitted, /Joe B. Suit, Jr Mayor JBS,JRJk APRJ 8 1979 4 K 39 wA-35 E�; INTERGOVERNMENTAL COORDINATOR THOMAS EXPLAINED�TO THE BOARD THAT HE MET RECENTLY WITH MAYOR SUIT REGARDING HIS REQUEST. HE CONTINUED THAT THE FIRST THREE ITEMS MENTIONED IN MR. SUIT'S LETTER ARE NOT SITUATED IN FELLSMERE, BUT ARE ACTUALLY IN .JAMES CARTER -HALL SUBDIVISION, WHICH IS ADJACENT TO FELLSMERE. MR. THOMAS FURTHER STATED THAT TWO OF THE ITEMS MENTIONED IN THE LETTER HAVE BEEN SOLD, AND THAT PREVIOUSLY THESE LOTS HAD BEEN OFFERED FOR SALE TO THE CITY OF FELLSMERE. HE RECOMMENDED THAT THE BOARD AGAIN PUT THE LOTS UP FOR SALE. DISCUSSION FOLLOWED, AND IT WAS DETERMINED THAT LOTS I AND 2 OF BLOCK 96 AND LOTS S AND 6 OF BLOCK 77 HAVE BEEN SOLD. CHAIRMAN WODTKE ASKED IF WE STILL HAD THE APPRAISALS ON THE REMAINING LOTS,AND MR. THOMAS ANSWERED AFFIRMATIVELY. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, FOR THE BOARD TO AUTHORIZE THE ADMINISTRATOR TO TAKE THE NECESSARY STEPS TO PUT THE REMAINING LOTS UP FOR SALE, AS ENUMERATED".IN MAYOR SUIT'S LETTER OF.APRIL LOTH, AND TO NOTIFY THE ADJACENT PROPERTY OWNERS OF THE PROPOSED SALE. COMMISSIONER SIEBERT SUGGESTED WE GIVE THE LOTS TO THE CITY OF FELLSMERE. BOARD SECRETARY FORLANI COMMENTED THAT THE BIDS WE RECEIVED THE LAST TIME THE LOTS WERE OFFERED FOR SALE WERE TOO LOW AND WONDERED IF WE SHOULD MAKE KNOWN THE APPRAISAL VALUE OF THE'LOTS. 1 THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. FRANK ZORC, PRESIDENT OF ST. FRANCIS MANOR, .CAME BEFORE THE BOARD AND REVIEWED THE HISTORY OF ST. FRANCIS MANOR WHICH IS THE ONLY LOW COST, NON-PROFIT HOUSING DEVELOPMENT FOR SENIOR CITIZENS IN THE COUNTY.. HE INFORMED THE BOARD THAT AFTER FIVE YEARS, THE ORIGINAL CONCEPT HAS BEEN COMPLETED, WITHOUT THE USE OF ANY FEDERAL OR STATE FUNDS, AND THERE ARE ABOUT 62 APARTMENTS WITH75 RESIDENTS. THEY HAVE A LONG WAITING LIST, AND THERE IS A DEFINITE NEED FOR MORE APARTMENTS. MR. ZORC CONTINUED THAT AT TODAY'S COSTS IT IS NOT FEASIBLE TO ACQUIRE E Booz 39 ext 4:36 f f' ANOTHER SITE FOR EXPANSION, BUT THE PRESENT SITE COULD LEND ITSELF TO. AN ADDITIONAL 36 APARTMENTS. HE NOTED THAT THEIR RECREATION FACILITY WAS DESIGNED FOR ISO PERSONS. MR. ZORC EXPLAINED THAT IN ORDER TO COMPLY WITH CITY REGULATIONS, THEY NEED ADDITIONAL LANDFOR OPEN SPACE AND THEY ARE, THEREFORE, REQUESTING THAT THE EASEMENT GIVEN THEM BY THE COUNTY ON .JUNE IO, 1974, BE INCLUDED IN THE LEASE, WITH A PROVISION THAT NO BUILDINGS WILL BE ERECTED ON IT. HE SUBMITTED A PETITION SIGNED BY RESIDENTS OF ST. FRANCIS MANOR SUPPORTING THE ADDITION OF NEW UNITS, AS FOLLOWS: 9 U APR 181979 11 .-Qb— 10% A Lay FA n- N v 5 - Of Vero Beach, Inc. PETITION Post Office Box 6250 Vero Beach, Florida 32960 (305) 562-8575 or (305)567.8784 IN FAVOR FOR NEW UNITS TO BE BUILT AT ST. FRANCIS MANOR LOW INCOPIE BRACKET — SOCIAL SECURITY LEVEL L Ar L Ac' 40 ci. 7 V/ /D o _ j.... u. �' ..LI ,,, ter >� �-<<1 ni - `��u,.� l: ' , l.,?",�.tSy� L'-`t-�r . J�'•-•�-�+ t,. ;/ L 411- .1Z f L 7) 1 -7v 1-11,f A FlorlWa Non -Profit Corporation for the purpose of furnishing apartments to retired and elderly pe6pla with limited incomes. IT WAS 'NOTED THAT THIS EASEMENT WAS GIVEN SO.THAT A FENCE COULD BE, BUILT, WHICH HAS NEVER BEEN DONE. MR. ZORC STATED THAT THEY WISH TO BUILD IT, BUT HAVE NEVER BEEN ABLE TO ACQUIRE THE NECESSARY FUNDS, " I I 10 T I I CHAIRMAN WODTKE NOTED THAT THIS•INVOLVES THE SHERIFF'S DEPARTMENT, AND ASKED CAPTAIN DOYLE STROUD FOR HIS COMMENTS. CAPTAIN STROUD INFORMED THE BOARD THAT ABOUT A YEAR AGO THEY SURVEYED THIS AREA AND FOUND THAT A PORTION OF THE 100 X Z%O EASEMENT INFRINGES ON A MAINTENANCE SHED USED BY THE SHERIFF'S DEPARTMENT AND IT MAY ALSO INFRINGE ON THEIR PARKING AREA. HE SUGGESTED THAT THE BOARD, THEREFORE, GRANT THE REQUEST TO INCLUDE THIS EASEMENT IN THE MANOR'S LEASE SUBJECT TO IT BEING SURVEYED AND STAKED TO DETERMINE EXACTLY HOW IT AFFECTS THE SHERIFF'S DEPARTMENT, AND WAS OF THE OPINION THAT THE FENCING DEFINITELY SHOULD BE INSTALLED BEFORE -ANY FURTHER ACTION IS TAKEN. ISR. ZORC PRESENTED AN AERIAL OF THE PROPERTY AND FELT THE PORTION CAPTAIN STROUD IS DISCUSSING COULD EASILY BE DELETED BY MAKING A TRIANGULAR CUT-OFF. HE STATED THAT THEIR REQUEST WOULD BE SUBJECT TO A SUFFICIENT.PORTION BEING DELETED TO SATISFY THE SHERIFF'S DEPARTMENT. COMMISSIONER LYONS AGREED THAT THE EASEMENT SHOULD BE STAKED OUT. HE ASKED IF THERE .IS ALSO A 75' DRAINAGE EASEMENT, AND MR. ZORC STATED THAT THERE IS AND IT BELONGS TO THE DRAINAGE DISTRICT. COMMISSIONER LOY ASKED IF THESE WOULD BE THE LAST UNITS THAT COULD BE ADDED TO ST. FRANCIS MANOR ACCORDING TO THE CITY REGULATIONS FOR THAT AREA, MR. ZORC EXPLAINED THAT, UNDER THE PRESENT REGULATIONS, THEY CAN ADD 17 AUTOMATICALLY, BUT HE FELT THE CITY WOULD CONSIDER GIVING THEM AN INTERPRETATION THAT WOULD ALLOW 18 UNITS PER ACRE INSTEAD OF 15, ALTHOUGH THAT HAS NOT BEEN PROMISED. TOM FITZGERALD, A DIRECTOR OF ST. FRANCIS MANOR, INFORMED THOSE PRESENT THAT THEY ARE PRESENTLY PROVIDING A FULL COURSE MEAL AT NOON FOR THE RESIDENTS AT THE COST OF*$I.00, AND WOULD LIKE TO SEE MORE PEOPLE BE ABLE TO SHARE IN THIS PROGRAM, MR. BEISCHKE POINTED OUT THAT THE LAND IN THE EASEMENT UNDER DISCUSSION IS NOT REALLY USEABLE LAND. A LADY RESIDENT OF ST. FRANCIS MANOR SPOKE OF THE WONDERFUL JOB THE MANOR IS DOING FOR THE ELDERLY, BRINGING THEM JOY AND COMPANION- SHIP. 11 ., % APR 181979 ow 39 PAGE 439 COMMISSIONER LYONS COMMENTED THAT IT SEEMS THERE IS MORE LAND AVAILABLE ON THE EAST SIDE OF THE SOUTH EASEMENT, AND HE FELT IF THERE IS A PROBLEM WITH INTERFERENCE WITH THE SHERIFF'S DEPARTMENT, POSSIBLY THE EASTERN BOUNDARY COULD BE EXTENDED SOME. MOTION WAS.MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, TO INSTRUCT THAT THE EASEMENT BE STAKED OUT SO THAT THE SHERIFF'S DEPARTMENT CAN SEE WHAT EFFECT IT HAS ON HIS OPERATION; THIS TO BE BROUGHT BACK AT THE NEXT MEETING WITH A REPORT, AND IF THERE IS A PROBLEM, AN ALTERNATIVE BOUNDARY CAN BE CONSIDERED. MR. ZORC NOTED THAT IT IS THREE WEEKS TO THE NEXT MEETING, AND THEY WOULD LIKE TO HAVE SOME KIND OF INDICATION THAT THE BOARD'S INTENTION WOULD BE TO GIVE THEM THIS LAND SUBJECT TO CORRECTING THIS MATTER TO THE SATISFACTION OF THE SHERIFF'S DEPARTMENT. CHAIRMAN WODTKE DID NOT FEEL THERE IS ANY THOUGHT ON THE PART OF THE COMMISSION NOT TO COOPERATE IN APPROVING WHATEVER IS NEEDED SO THE ADDITIONAL UNITS CAN BE BUILT. COMMISSIONER SIEBERT STATED THAT HE WOULD ALSO LIKE TO AUTHORIZE THE CHAIRMAN TO FORMALIZE.THE RELEASE OF THE EASEMENT CONTINGENT ON WORKING OUT THE ENCROACHMENT PROBLEM WITH THE SHERIFF BOTH ON THE PARKING LOT AND BUILDING, BUT IN ADDITION, FELT THERE SHOULD BE SOME DISCUSSION ON THE ERECTION OF THE FENCE. . COMMISSIONER LYONS WITHDREW HIS MOTION, AND COMMISSIONER SIEBERT WITHDREW HIS SECOND, COMMISSIONER SIEBERT NOTED THAT OUR PAST MINUTES SHOW THAT THE BOARD AGREED TO PARTICIPATE IN THE INSTALLATION OF THE FENCE UP TO AN AMOUNT OF $300, AND THE CHAIRMAN COMMENTED THAT WE STATED WE WOULD PARTICIPATE IN A JOINT EFFORT WITH ST. FRANCIS MANOR AND THE CITY OF VERO BEACH. MR.-ZORC INFORMED HIM THAT THEIR PROBLEM SIMPLY IS INSUFFICIENT FUNDS, AND THE CITY HAS REFUSED TO PARTICIPATE. COMMISSIONER SIEBERT STATED THAT HE WOULD BE WILLING TO CONTRIBUTE MORE FOR THE FENCE, WHICH HE FELT IS REALLY NEEDED. 12 APR 181979 Booz 39 PAGE 440 • COMMISSIONER LOY EMPHASIZED THAT THE OVERALL INTENT OF THE BOARD ALWAYS HAS BEEN TO HELP AS MUCH AS WE COULD. SHE NOTED THAT ORIGINALLY THE FENCE WAS DESIRED FOR SAFETY AND SECURITY REASONS; THE BOARD INDICATED IN 1975 THEY WOULD HELP WITH IT; AND SHE FELT iT MUST BE PROVIDED. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, TO AUTHORIZE THE CHAIRMAN TO SIGN A LEASE WITH ST. FRANCIS MANOR FOR ADDITIONAL PROPERTY AFTER ITS EFFECT HAS BEEN FULLY APPRAISED BY THE SHERIFF'S DEPARTMENT AND WITH THE UNDERSTANDING THAT ST. FRANCIS MANOR IS GOING TO FENCE THE EASEMENT. ATTORNEY COLLINS COMMENTED :THAT: THE SHER I FF' S DEPARTMENT NEEDS TO HAVE THE PROPERTY STAKED TO DETERMINE IF THE LAND IS AVAILABLE. COMMISSIONER LYONS FELT THAT WAS THE INTENT OF THE MOTION, BUT IF DESIRED, THE MOTION COULD BE CHANGED TO STATE "AFTER -ENCROACHMENT HAS BEEN SATISFIED TO THE SATISFACTION OF THE SHERIFF'S DEPARTMENT." DISCUSSION ENSUED ON REFERRING TO ACTUAL DIMENSIONS IN THE MOTION, AND SIR. ZORC FELT SPECIFIC REFERENCE TO THE 100 X 270 EASEMENT SHOULD BE INCLUDED. INTERGOVERNMENTAL COORDINATOR THOMAS STATED THAT HE ALSO WOULD LIKE TO HAVE A REFERENCE TO THE SPECIFIC EASEMENT AS HE NEEDS TO BE ABLE TO TRACE THESE PROPERTIES. DISCUSSION CONTINUED. COMMISSIONER LYONS WITHDREW HIS MOTION, AND COMMISSIONER SIEBERT WITHDREW HIS SECOND. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO ENTER INTO A LEASE WITH ST. FRANCIS MANOR RELEASING THE 100 X 270 EASEMENT TO THE MANOR; DELETING THOSE PORTIONS THAT ARE PRESENTLY ON THE BOUNDARY THAT MAY BE NEEDED BY THE SHERIFF'S DEPARTMENT; AND CONDITIONED UPON THE FENCING BEING INSTALLED. THE ATTORNEY INQUIRED IF THE FENCE MUST BE INSTALLED PRIOR TO THE NEW LEASE OR WHETHER PERMISSION WOULD BE GIVEN TO DO THIS AFTER THE LEASE IS tIGNED.. mom 0 13' Bm 39 fxE4411 CHAIRMAN WODTKE.FELT IF THEY MAKE A STATEMENT THAT THE FENCE WILL BE PUT IN, THAT WILL BE SUFFICIENT. .t WILLIAM BIESCHKE, A DIRECTOR OF ST. FRANCIS MANOR, GAVE ASSURANCE ON BEHALF OF THE BOARD OF DIRECTORS OF ST. FRANCIS THAT THE FENCE WILL BE ERECTED. THE BOARD DISCUSSED CHANGING THE REGULAR MEETING DATES FOR THE MONTH OF JULY. ON (MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ESTABLISHED THURSDAY, JULY 5, 1979, AND WEDNESDAY, JULY 18, 1979, AS THE REGULAR MEETING DAYS FOR THE MONTH OF JULY, 1979. ATTORNEY EUGENE O'NEILL APPEARED BEFORE THE BOARD REPRESENTING SUMMERPLACE ASSOCIATION IN REGARD TO LOWERING OF THE SPEED LIMIT AT THE INTERSECTION OF AIA AND S.R. 510. HE NOTED THAT APPARENTLY THE DOT ALREADY HAS APPROVED THE LOWERING OF THE SPEED LIMIT 1/4 MILE NORTH AND SOUTH OF THIS INTERSECTION, AND HIS CLIENTS ARE REQUESTING THAT THE BOARD APPROVE SUCH A SPEED REDUCTION AND AUTHORIZE THE STEPS NECESSARY TO CARRY THROUGH. ASSISTANT ADMINISTRATOR NELSON REPORTED THAT ON FEBRUARY 7TH, THE BOARD INSTRUCTED THE ADMINISTRATOR TO WRITE THE DOT CONFIRMING THAT THE BOARD APPROVED THE REDUCTION OF THE SPEED LIMIT AS DISCUSSED, AND ON FEBRUARY 9TH THE ADMINISTRATOR WROTE THE DOT.CONVEYING THIS INFORMA- TION. HE STATED THAT HE HIMSELF HAS WRITTEN THE DOT AGAIN AND, IN ADDITION, WILL MAKE A TELEPHONE CALL TO SEE THAT THIS AREA IS POSTED BY THE DOT AS SOON AS POSSIBLE. ATTORNEY O'NEILL STATED.THAT THE OTHER PROBLEM IS THAT THERE ARE THREE OR FOUR VENDORS LOCATED AT THE NORTHEAST AND SOUTHEAST CORNERS OF THIS INTERSECTION ON'A REGULAR BASIS ON THE WEEKENDS. WITH CARS PULLING OUT FROM THE INTERSECTION ON EACH SIDE AFTER VISITING THESE VENDORS, IN ADDITION TO THE REGULAR BEACH TRAFFIC, IT CREATES NOT ONLY A NUISANCE BUT A DANGER. MRS. HINDERT, OWNER OF THE PROPERTY ON THE NORTHEAST*HAS FILED A LETTER OF PROTEST WITH THE ZONING DEPARTMENT, AND 14 39 pxE 44271 APR 8 1979 THE PRINCIPALS OF SEA OAKS, OWNERS OF THE.PROPERTY ON THE SOUTHEAST, HAVE STATED THAT THEY WILL GO ALONG WITH THE RECOMMENDATIONS OF THE SUMMERPLACE ASSOCIATION. ATTORNEY O'NEILL NOTED THAT THESE VENDORS ARE EITHER ON PRIVATE PROPERTY WITHOUT PERMISSION OR ON -AIA RIGHT -OF- WAY, AND REQUESTED.THAT THE COUNTY TAKE PROPER ACTION TO REMOVE THEM. ASSISTANT ADMINISTRATOR NELSON FELT THERE IS AN 150' RIGHT-OF- WAY IN THIS AREA. HE NOTED THAT LAST MAY THE BOARD AUTHORIZED THE ADMINISTRATOR TO CONTACT THE SHERIFF ABOUT THE VENDORS OPERATING ON COUNTY RIGHT-OF-WAY, AND WE HAVE WRITTEN THE DOT ABOUT THIS PROBLEM, REQUESTING THAT "NO PARKING ON RIGHT-OF-WAY" SIGNS BE POSTED IN THIS' AREA. HE POINTED OUT THAT ONCE WE HAVE THESE SIGNS, THE SHERIFF'S DEPARTMENT CAN TAKE ACTION AND MOVE THE VEND -ORS TO SOME OTHER LOCATION. CHAIRMAN WODTKE EXPRESSED CONCERN.ABOUT WHETHER 1/4 OF A MILE IN EITHER DIRECTION WAS SUFFICIENT TO COVER THE RESIDENTS OF SUMMERPLACE, AND IT WAS STATED THAT IT WAS NOT TO THE NORTH. IN DISCUSS.ION, IT WAS GENERALLY FELT THE VENDORS WOULD NOT MOVE MORE THAN 1/4 MILE FROM THE INTERSECTION. DISCUSSION AROSE ABOUT THIS BEING A ZONING VIOLATION PROBLEM, AND ATTORNEY COLLINS AGREED THAT IT IS, BUT NOTED THAT IT WOULD BE A MUCH QUICKER SOLUTION TO ENFORCE TRAFFIC LAWS. DISCUSSION CONTINUED AND A SUMMERPLACE RESIDENT NOTED THERE ARE SEVEN CROSS STREETS'IN SUMMERPLACE, AND THIS IS A REAL DANGER. SHE FELT THE SPEED SHOULD BE REDUCED FOR THE WHOLE AREA OF SUMMERPLACE AND THAT IT SHOULD BE LOWERED FOR A MILE ON THE NORTH. COMMISSIONER LOY FELT THAT SINCE THIS IS GOING THROUGH A RESIDENTIAL AREA, IT IS A BAD SITUATION, AND WE SHOULD MAKE -AN EFFORT TO SEE IF THE SPEED LIMIT COULD BE LOWERED ONE MILE TO THE NORTH, CHAIRMAN WODTKE FELT WE SHOULD TRY THE 1/4 MILE FOR WHICH WE ALREADY HAVE PERMISSION AND SEE WHAT HAPPENS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY INSTRUCTED.THE ADMINISTRATOR TO REQUEST THE DOT TO POST THE "NO PARKING" SIGNS IN THIS AREA AS DISCUSSED. 15 APRI81979 8 39 PACE 443 ASSISTANT ADMINISTRATOR NELSON REPORTED THAT EIGHT BID REQUESTS HAD BEEN SENT OUT ON TWO 40 CUBIC YARD, HEAVY DUTY, OPEN ROLL -OFF REFUSE CONTAINERS AND TWO BIDS WERE RECEIVED, AS SET OUT IN THE BID TABULATION BELOW: BOARD OF COUNTY COMMISSIONERS • 2145 -14th Avenue Vero Beach, Florida 32960 BIO TABULATION V i a BIO NO. IRC -02 DATE OF OPENING Apri 112, 19?9x BIO TITLE 40 Cubic Yard Roll -Off S f e Containers ITE NO. DESCRIPTION N. O UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE I. (two) Containers (Price for ea) 255 00 2690 00 2. Days required for delivery 30 15-30 Certified true Drice recording. NEIL L3ON, Chairman MR. NELSON STATED THAT BOTH BIDS MET SPECIFICATIONS, AND THEY ARE RECOMMENDING ACCEPTANCE OF THE LOW BID. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF HESCO REFUSE CON- TAINERS FOR TWO 40 CUBIC YARD ROLL -OFF REFUSE CONTAINERS AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $2,550.00 EACH. 16' APR 181979 9 fAu 444 F R�. COPIES OF THE BID DOCUMENTS ARE ON FILE IN THE ,OFFICE OF THE CLERK. CHAIRMAN WODTKE ANNOUNCED THAT CONSULTING ENGINEER BEINDORF WILL BE AT THE MEETING AT 4:30 O'CLOCK P.M. TO MAKE RECOMMENDATIONS ABOUT THE UTILIZATION OF THE SEWER LINE ON 5TH AVENUE. HE NOTED THIS IS A MATTER OF URGENCY, AND HE WOULD LIKE TO HAVE IT PLACED ON THE AGENDA. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADDED THE ABOVE ITEM TO TODAY'S AGENDA AS REQUESTED BY THE CHAIRMAN. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAD INCLUDED A DRAFT OF THE PROPOSED UTILITY FRANCHISE FORM IN THE AGENDA PACKET TO SEE WHETHER THE BOARD HAD ANY ADDITIONAL COMMENTS. THERE WERE NONE. ATTORNEY COLLINS NEXT DISCUSSED A PROPOSED LICENSE AGREEMENT WITH RUDY HUBBARD IN REGARD TO USING COUNTY OWNED PROPERTY` -.FOR CON- STRUCTING A BROADCASTING TOWER FOR WGYL RADIO CORP. ATTORNEY COLLINS .STATED THAT HE WILL REDRAFT THE PROPOSED AGREEMENT BUT FEELS MR. HUBBARD IS GETTING CLOSER TO THE COUNTY'S CONCEPT OF THE RELATIONSHIP. THE ATTORNEY FELT WE SHOULD SURVEY SPECIFICALLY WHERE HE WILL PUT THE TOWER AND SUPPORTING BUILDING, AND STATED THAT HE WILL ADD A PROVISION IN REGARD TO LIABILITY AND INSURANCE. HE ASKED IF THE BOARD AGREED WITH THE FINANCIAL ARRANGEMENTS SET FORTH IN PARAGRAPH 4. COMMISSIONER DEESON FELT THAT THE AMOUNTS SET FORTH WOULD BE A REAL BARGAIN TEN YEARS FROM NOW, AND ATTORNEY COLLINS NOTED THAT HE IS ON RECORD AS SUGGESTING ESCALATION CLAUSES. DISCUSSION FOLLOWED ON THE RIGHT TO SUBLEASE ANY PART OF THE TOWER AND THE BUILDING. COMMISSIONER Loy STATED THAV SHE WAS NOT TOO CONCERNED ABOUT THE TOWER, BUT DID NOT WANT THEM TO HAVE THE RIGHT TO SUBLET ANY OF THE LAND, AND ATTORNEY COLLINS STATED THAT IS WHY HE WANTS A SURVEY TO SET OUT WHERE THE BUILDING WILL GO. CHAIRMAN WODTKE NOTED THAT WHAT CONCERNS HIM 'IS THAT THE TOWER IS A VALUABLE ASSET, AND THIS AGREEMENT WOULD GIVE MR. HUBBARD THE 17 AR 1979 9 pAtE 445 1 RIGHT TO SUBLEASE IT FOR A HYPOTHETICAL SUM OF $500 A MONTH, WHILE PAYING THE COUNTY LESS THAN $100A MONTH. COMMISSIONER LYONS SUGGESTED THAT THE .COUNTY TAKE 10% OF ANY SUBLEASE OF THE TOWER OR BUILDING, AND THE BOARD AGREED THAT THE TOWER IS A VALUABLE ASSET AND THE COUNTY IS ENTITLED TO A SHARE. DISCUSSION FOLLOWED AS TO MAKING PROVISION FOR THE AMBULANCE SQUAD TO MAKE USE OF THIS TOWER AT A SPECIAL RATE. COMMISSIONER SIEBERT FELT WE SHOULD RESERVE SPACE FOR THEM, BUT THERE WAS SOME DOUBT IF THEY COULD UTILIZE IT WITH THEIR EQUIPMENT. COMMISSIONER LYONS WILL CHECK ON THIS MATTER.. COMMISSIONER DEESON ASKED WHY WE STAYED AWAY FROM AN ESCALATION CLAUSE, AND COMMISSIONER SIEBERT STATED HE FELT IT WAS BECAUSE IT WAS FELT THE LAND WAS MORE OR LESS WORTHLESS FOR OTHER PURPOSES, ATTORNEY COLLINS INFORMED THE BOARD THAT STATE LAW PROVIDES THAT THE COUNTY COMMISSION CAN PASS A RESOLUTION TO VOID TAXES ON PROP- ERTY PURCHASED BY THE COUNTY TO BE USED FOR A VALID PUBLIC PURPOSE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 79-41 VOIDING TAXES ON THE MID -FLORIDA UTILITIES SYSTEM PROPERTY PURCHASED BY THE COUNTY. APR 181979 18 s r Y RESOLUTION NO. 79-41 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that pursuant to Florida Statutes 196.28, the following described property was purchased by Indian River County, a political subdivision of the State of Florida: PARCEL 1. Commence at the Northeast corner of the Southeast quarter of the Northwest quarter of Section 12, Township 33 South, Range 39 East; run West along the 40 acre line a distance of 830.17 feet to a point of beginning; From point of beginnning, continue West along aforesaid 40 acre line a distance of 30 feet to a point; thence run North for 00 22 minutes East a distance of 209.96 feet to a point; thence run East a distance 30 feet to a point; thence run South 00 22 minutes West a distance of 209.96 feet to point of beginning. PARCEL 2. Commencing at the Northeast corner of the Southeast quarter of the Northwest quarter of Section 12, Township 33 South, Range 39. East; run West on the 40 acre line a distance of 641.17 feet to the point of beginning of the_followng metes and -bounds parcel of land; From aforesaid point of beginning continue West on the 40 acre line a distance of 219.00 feet; thence run South 00 22 minutes West a distance of 184.41 feet; thence run North 890 59 minutes East a distance of 219.00 feet; thence run North 00 22 mihutes East a distance of 184.35 feet to the .point of beginning; All the aforesaid land lying in the Southeast quarter of the Northwest quarter of Section 12, Township 33 South, Range 39 East, lying between U. S. Highway No. 1 and the Easterly right-of-way line of the Florida East Coast Railway. said purchase having been made for a valid public purpose. Effective on December 19, 1978, and thereafter the lien for tangible, personal and real property taxes on said property are hereby cancelled and discharged, so long as the same are used for public purposes. Attest: Freda Wright,Clerk) 0 BOARD OF.COUNTY C014MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By 4slt C 4'e w'4 William C. Wodtke, J ., Chairman APR 18 1979 39 PAGE 447 • m 0 DISCUSSION AROSE ON THE NEED TO.ADVERTISE THE PROPERTY PRO- POSED TO BE LEASED TO ST. FRANCIS MANOR, DISCUSSED EARLIER. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE FOR BIDS ON A LEASE OF THE COUNTY -OWNED PROPERTY DISCUSSED WITH ST. FRANCIS MANOR. ATTORNEY COLLINS WILL NOTIFY MR. ZORC OF THIS ACTION. ASSISTANT ADMINISTRATOR NELSON REPORTED THAT HE HAD NOT BEEN ABLE TO DISCUSS ITEM ISA WITH THE ADMINISTRATOR AND, THEREFORE, WOULD LIKE TO DEFER THE MATTER OF PLACEMENT OF A BRIDGE ACROSS LATERAL J CANAL AS RELATED TO TENTATIVE APPROVAL OF CAMELOT SUBDIVISION UNTIL THE NEXT MEETING. MR. NELSON INFORMED THE BOARD THAT THEY WOULD LIKE TO INCREASE THE COUNTY ADMINISTRATORS PETTY CASH FUNDS TO $LOO SINCE THERE ARE MORE PEOPLE NOW THAT OPERATE UNDER IT. HE NOTED THAT IT IB AN ADMINIS- TRATIVE MATTER, AND HE FEELS THEY HAVE AN EXCELLENT CONTROL FACTOR ON IT. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED THE INCREASE OF THE ADMINISTRATOR'S PETTY CASH LIMIT TO $100,00. ASSISTANT ADMINISTRATOR NELSON REPORTED THAT THE ADMINISTRATOR ASKED HIM .TO CONDUCT INTERVIEWS FOR A COUNTY PLANNING & ZONING DIRECTOR IN HIS ABSENCE. MR. NELSON STATED THAT HE HAS HAD FOUR INTERVIEWS SO FAR. THERE ARE THREE MORE INTERVIEWS SCHEDULED FOR THIS WEEK AND OUT OF ALL THESE, HE WOULD LIKE TO PICK THREE TO BE INTERVIEWED BY THE ADMINISTRATOR AND THEN BRING A RECOMMENDATION TO THE BOARD. HE STATED THAT THE QUALITY OF THOSE INTERVIEWED HAS BEEN EXCELLENT, AND HE DOES NOT ANTICIPATE ANY PROBLEM IN FINDING SOMEONE FOR THE POSITION. CHAIRMAN WODTKE NOTED THAT THERE ARE THREE WEEKS BETWEEN NOW AND THE NEXT MEETING, AND ASKED IF THE BOARD WOULD BE RECEPTIVE TO HAVING A SPECIAL CALLED MEETING TO ADDRESS THIS MATTER. THE BOARD AGREED THAT THIS IS VERY IMPORTANT, AND THEY WOULD HOLD A SPECIAL MEETING IF DESIRED. pity APR 181979 an 39 PAGE 448 ry: MR. NELSON REQUESTED THAT AN ITEM BE ADDED TO THE AGENDA CONCERNING A DEMONSTRATION_FREE FALL SKY DIVE TO BE MADR IN THE MOORINGS AREA IN CONNECTION WITH THE HEART FUND, BUT THE BOARD DID NOT FEEL THIS CAME'WITHIN THEIR PROVINCE OR THAT THEIR PERMISSION WAS NECESSARY, AND DID NOT ADD THE MATTER TO THE AGENDA. CHAIRMAN WODTKE REPORTED THAT THE MARINE ISLANDS ADVISORY COMMITTEE HELD A MEETING AND IN ATTENDANCE WERE CITY PLANNER LES $OLIN, INTERGOVERNMENTAL COORDINATOR THOMAS, JOE EARMAN, SR., ROY HARE, AND ATTORNEY COLLINS. THE MEETING RESULTED IN THE FOLLOWING RECOMMENDATIONS: 1).* TO REQUEST THE BOARD OF COUNTY COMMISSIONERS TO COMPLY WITH THE REQUEST OF THE DEPARTMENT OF NATURAL RESOURCES AND SUPPLY THEM WITH A CERTIFIED LIST'OF PROPERTY OWNERS OF LAND LOCATED WITHIN 1,000 FEET OF ANY OF THE ISLANDS WHICH WE WISH TO LEASE. (THE CHAIRMAN NOTED THAT WE NEED TO DETERMINE WHAT THEY MEAN BY A CERTIFIED LIST.) 2) TO DELETE THE ISLANDS NUMBERED 4, 5 AND 6 FROM OUR REQUEST TO LEASE AS THEY PREVIOUSLY WERE LEASED TO THE FEDERAL GOVERNMENT AS PART OF THE PELICAN ISLAND NATIONAL WILDLIFE REFUGE. (THESE.ARE THE THREE ISLANDS NORTH OF THE REFUGE ON THE EAST SIDE OF THE CHANNEL.) 3) TO GET AUTHORIZATION FOR OUT -OF -COUNTY TRAVEL FOR A COUNTY REPRE- SENTATIVE TO MAKE PERSONAL CONTACT WITH DANIEL MEISEN OF THE BUREAU OF STATE LANDS, IF WE CANNOT GET HIM TO COME DOWN AND ACTUALLY SEE s THE ISLANDS, 4) TO REQUEST THAT THE BOARD ADVISE FIND OF THE ACTIONS THE MARINE ISLANDS ADVISORY COMMITTEE HAS TAKEN AND TRANSMIT TO THEM A COPY OF THE LETTER OF APRIL 5TH OF THE DEPARTMENT OF NATURAL RESOURCES. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO PROVIDE A CERTIFIED LIST OF THE NAMES AND ADDRESSES OF THE CURRENT PROPERTY OWNERS WITHIN 1,000.FEET OF THE AFFECTED SPOIL ISLANDS;.TO INCUR SUCH EXPENSE AS IS NECESSARY TO OBTAIN THE CERTIFIED LIST; AND AUTHORIZED THE CHAIRMAN TO TRANSMIT THE LIST TO.THE DEPARTMENT OF NATURAL RESOURCES. 21 APR 1 81979 BOOK 99 PAGE 449 'ON MOTION BY COMMISSIONER Loy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°WAS NOTED THAT THEY ALSO WANT AN AREA DISKED FOR A PRACTICE FIELD, WHICH COULD LEAD TO MANY OTHER THINGS, AND THE CHAIRMAN FELT AN OVERALL PLAN SHOULD BE PRESENTED. 22' % APR 81979 BDQK 30 ?AcE 450 • COMMISSIONER LAY REVIEWED WHAT IS PRESENTLY AT.THE PARK, NOTING THAT THE TENNIS COURT IS A PIECE OF VACANT LAND WITH SOMETHING THAT LOOKS LIKE BLACKTOP ON IT AND THAT IS ALL; IT HAS NEVER PROGRESSED ANY FARTHER. SHE CONFIRMED THAT IT HAS BECOME A GARBAGE DUMP, BUT FELT THAT UNLESS SOME KIND OF MAMMOTH GATES ARE PUT UP TO CLOSE OFF THE PARK, THE OFFENDERS WILL DRIVE RIGHT AROUND THEM. ASSISTANT ADMINISTRATOR NELSON REPORTED THAT THEY ARE INCREASING THEIR PATROL ACTIVITY TO TRY AND CATCH SOMEONE DUMPING. HE FELT A LAST RESORT WOULD BE TO USE A BULLDOZER TO BLOCK OFF THE AREA, AND STATED THAT HE IS WORKING WITH MR. REGAN ON THIS PROBLEM. THE BOARD WONDERED IF THERE WERE ANY COMMUNITY DEVELOPMENT FUNDS AVAILABLE FOR THIS PURPOSE, AND IT WAS NOTED THAT MR. REGAN WILL APPEAR AT THE MEETING LATER THIS AFTERNOON. COMMISSIONER SIEBERT INFORMED THE BOARD THAT THE 16TH STREET RECREATIONAL COMPLEX IS IN DEPLORABLE CONDITION - 23 LIGHT'S ARE OUT; THE SCOREBOARD DOESN'T WORK; THE PUBLIC ADDRESS SYSTEM WAS TAKEN OUT TO PUT AT ANOTHER BALLFIELD; THE SPRINKLER SYSTEM IS BROKEN; AND THE GRASS HASNIT BEEN MOWED. HE STATED THAT THERE WAS AN ARTICLE IN THE NEWSPAPER INDICATING THAT THE CITY DOESN'T HAVE FUNDS TO TAKE CARE OF THIS, AND HE HAS GOTTEN THE IMPRESSION THAT THE CITY WANTS TO DISCOURAGE PRIVATE ORGANIZATIONS USING THE COMPLEX. HE NOTED THAT THIS IS COUNTY LAND LEASED TO THE CITY FOR RECREATION. COMMISSIONER SIEBERT CONTINUED THAT TRADITIONALLY THE CITY PREPARES THE FIELD FOR THE INDEPENDENT LEAGUES TO OPEN THE SEASON AND THE CONTINUING MAINTENANCE IS UP TO THE LEAGUES. HE FELT IN THIS CIRCUMSTANCE THERE WAS A LACK OF COORDINATION AND THAT POSSIBLY THE LEAGUES DID NOT INFORM THE CITY WHEN THE SEASON WOULD START, HE STATED THAT HE DID NOT FEEL THE INDEPENDENT LEAGUES ARE ENTITLED TO ANYTHING MORE THAN ANY OTHER LEAGUE, BUT THAT WE SHOULD KNOW WHAT THE NORMAL GUIDELINES ARE. COMMISSIONER LYONS FELT, INSTEAD OF RELYING ON SECOND AND THIRD PARTY INFORMATION, WE SHOULD GET CLOSER TO THE SOURCE AND CONTACT THE RECREATION COMMISSION. HE FURTHER SUGGESTED THAT WE COULD GO DIRECTLY TO CITY MANAGER LITTLE AND STATED THAT HE WILL PURSUE.THIS IF THE BOARD HAS NO OBJECTIONS. BOOK 39 PAGE -451 23 BOOK 39 PAGE -451 THE BOARD AGREED THE MATTER SHOULD BE PURSUED.• CHAIRMAN WODTKE BROUGHT UP THE REQUEST OF THE SCHOOL BOARD MADE SOME TIME AGO IN REGARD TO THE POSSIBILITY OF RECEIVING WATER AT THE-CLEMANN'S AVENUE SCHOOL. HE NOTED THAT.THE SCHOOL BOARD NEEDS TO ADDRESS THE PROBLEM IN ANTICIPATION OF THE NEXT SCHOOL YEAR WHEN THEY WILL HAVE TO MAKE SOME NECESSARY RENOVATIONS - EITHER NEW WELLS OR A DIFFERENT TYPE OF TREATMENT. THE CHAIRMAN ASKED IF THE BOARD WOULD HAVE ANY PROBLEM WITH ASKING ENGINEER BEINDORF TO COME UP WITH A PRE- LIMINARY ESTIMATE OF COST TO RUN THE LINE DOWN TO THE SCHOOL AND TO DETERMINE EXACTLY WHAT THEIR NEEDS ARE. DISCUSSION FOLLOWED,AND IT WAS NOTED THAT WE HAD INDICATED WE WOULD LIKE TO SUPPLY THEM'WITH WATER AS SOON AS POSSIBLE ALTHOUGH THE SCHOOL WASN'T INCLUDED IN PHASE II. THE CHAIRMAN AGREED THE LINE DOESN'T GO THAT FAR, BUT POINTED OUT THAT THE SCHOOL BOARD INDICATED THEY WOULD RUN THE LIFE TO HOOK UP AT THE CLOSEST LOCATION. COMMISSIONER SIEBERT FELT WE MUST DETERMINE IF WE HAVE THE WATER TO GIVE THEM AND ALSO FELT THEY SHOULD COME UP WITH THE COST ESTIMATES AND STATE THAT THEY WILL PAY FOR THE LINE. HE STATED THAT HE WOULD LIKE TO SERVICE THEM IF WE HAVE THE WATER. IT WAS AGREED THAT SCHOOLS ARE A PRIORITY ITEM. COMMISSIONER LYONS SUGGESTED THAT THE SCHOOL BOARD SHOULD COME. TO US WITH AN ESTIMATE OF WHAT THEIR WATER USAGE WOULD BE AND WE SHOULD TELL THEM WHERE THEY COULD CONNECT ON. THEY THEN COULD MAKE THEIR OWN ESTIMATE, AND WE COULD DECIDE LATER WHETHER WE WANT TO OVERSIZE THE LINE. CHAIRMAN WODTKE STATED THAT HE WOULD PASS THIS INFORMATION ON TO THE SCHOOL BOARD. THE -BOARD THEREUPON RECESSED AT 12:00 NOON FOR LUNCH AND RE- CONVENED AT 1:40 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. COMMISSIONER LYONS REPORTED THAT HE AND COMMUNITY DEVELOPMENT DIRECTOR ED REGAN MET WITH HUD IN .JACKSONVILLE AND REVIEWED THE DENIAL OF THE PREAPPLICATION FOR FUNDS FOR THE SOUTHEAST-GIFFORD PROJECT. HE 24 APR 1.8 1979 . BOOK 39 PAGE 452 • DID NOT•FEEL THERE IS ANY CHANCE OF GETTING THE MONEY THIS YEAR BUT NOTED IT OPENS UP AGAIN BETWEEN OCTOBER AND DECEMBER. ,THE COMMISSIONER FELT THEY LEARNED ENOUGH THAT WE SHOULD BE ABLE TO GET OURSELVES WELL WITHIN THE RUNNING NEXT'TIME AND HE ALSO FELT IF ANY MONEY SHOULD BECOME AVAILABLE, WE STILL HAVE A CHANCE. HE STATED THAT IF WE WERE TO GO INTO THE RURAL LAND ACQUISITION PROGRAM, IT WOULD HELP US CONSIDERABLY WITH POINTS FOR GETTING A GRANT. COMMISSIONER LYONS FELT THEIR MEETING WITH FMHA WAS PRODUCTIVE AND TAUGHT THEM WHAT TO AVOID IN THE FUTURE. COMMISSIONER LYONS INFORMED THE BOARD THAT HE HAS RECEIVED A VERY INTERESTING COMMUNICATION FROM A SCIENTIST AT WOOD'S HOLE OCEANO- GRAPHIC INSTITUTE REGARDING THE AFFECTS OF PUTTING WASTE WATER INTO THE INDIAN RIVER AND STATED HE WOULD GET COPIES TO THE BOARD MEMBERS WITHIN THE NEXT FEW DAYS. HE NEXT INFORMED THE BOARD THAT HE WOULD LIKE TO FIND SOME WAY TO MAKE THE MINUTES OF THE MEETINGS SHORTER AND WILL WORK ON THIS. COMMISSIONER SIEBERT STATED THAT HE WOULD LIKE TO CLARIFY SOMETHING IN REGARD TO THE REGIONAL PLANNING COUNCIL'S COMMENTS ON THE 201 PLAN. HE FELT HE AND COMMISSIONER LYONS MAY HAVE A DIFFERENCE OF OPINION ABOUT THEM. HE STATED THAT HE TOOK THEM AS INFORMATIVE CON- STRUCTIVE CRITICISM AND DID NOT KNOW IF COMMISSIONER LYONS REGARDED THE COMMENTS AS A FINAL DECISION THAT -THE WASTE WATER SHOULD NOT BE ENTERED INTO THE RIVER. COMMISSIONER LYONS STATED THAT HE TOOK IT AS A FACT THAT THE REGIONAL PLANNING COUNCIL DID NOT RECOMMEND THE SYSTEM AS PROPOSED BECAUSE OF LACK OF INFORMATION, WHICH'THEY POINTED OUT. HE FELT THAT, IN EFFECT, THE REGIONAL PLANNING COUNCIL SAYS THEY CAN'T BUY THE PLAN BECAUSE THERE ARE QUESTIONS THAT ARE NOT ANSWERED, AND HE DID NOT FEEL THEY WILL BE ABLE TO ANSWER THE QUESTIONS SATISFACTORILY. THE- HOUR OF 2:00 0_'CLoCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: APR 18 1979 25 Boa 39 PACE 453 VERO BEACH PRESS-JOURNALNOTICE IS HEREBY GIVEN that the f Published Weekly OTICE Snning and Zoning Commission of Indian Aver County, Florida, has tentatively ap- to roved the following changes and additions an River County, Of nand e Vero Beach, Indian River County, Florida Florida,nWhichinchangesadditions substantially as follows: 1. That the Zoning Map ice changed in order COUNTY OF INDIAN RIVER: g ated . a, to -w tsituated In Indian River Countydesc, FloriProperty 7, Section 9, Township 33 South, STATE OF FLORIDA All of Tract Range 39 East, Indian River County, Florida, Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath less the following parcel: Beginning at the of Tract 7, Section 9, says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published Southwest corner South, Range 39 East, run North at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being Township 33 line of Tract 7 a distance of 798.3 on the West feet; thence run East and parallel to the South 7, distance of 300 feet; thence line of Tract a run South and parallel to the West line of Tract 798.3 feet to the South line of said i ! - 7 a distance of Tract 7; thence run West on the South line of distance of 300 feet to the point of In the matter of Tract 7 a beginning; and also less the South So feet for road right-of-waY. Be changed from A -Agricultural to R-lA Residential District. A public hearing in relation thereto at which parties in interest and citizens shall have an be heard, will be held by said in the Court; was pub- opportunity to Zoning Commission in the �a Planning and County Commission Room, Indian River Verb' Beach, Florida, o lished in said newspaper in the issues of L - fs , .23 , 17 7 / County Courthouse, Thursday, March 8, 1979, at 7:30 P.M., after hearing in relation thereto at which said public which parties in interest and citizens shall to be heard will be held by have an opportunity the Board of County Cernmissioner8 of Indian River County, Florida, in the County Com - Affiant further says that the said Vero Beach Press-Jo4mal is a newspaper published at mission Room, Indian River County Cour- Florida, on Wednesday, 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 thouse, Vero Beach, April IS, 1919, at 2:00 P.M. as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida Board of County Commissioners Indian River County for a period of one year next preceeding the first publication of the attached copy of adver- By.. William C. Wodtke, Chairman tisement, and affiant further says that he has neither paid nor promised any person, firm or Indian River County Planning and corporation any discount, rebate, commission or refund for the purpose of securing this adver- Zoning Commission tisement for publication in the said newspaper. �} gy: Dick Bird, Chairman Feb. 16,18,1979- Sworr to and subscribed before me this da of A.D._ -CLU n ger) / I &L b_� (SEAL (Clerk of the Circuit Court, Indian iv r County, Florida) • THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO THE PROPERTY OWNERS BY THE CLERK OF THE CIRCUIT COURT IN COMPLIANCE WITH FLORIDA STATUTE 125.66. % APR 18 1979 26 . BOOK 39 PAGE 454 •fi • r' BOARD OF COUNTY COMMISSIONERS P.O. BOX 1028 VERO BEACH 9 FLORIDA 32960 March 12, 1979 Mr. Ralph W. Sexton Mr. Charles R. Sexton Mrs. Elsebeth M. Sexton P. 0. Box 1203 Vero Beach, Florida 32960 Dear Property Owners: In compliance with Florida Statute 125.66, the following is a.Notice of Public Hearing for rezoning, as requested by your Agent, Gordon B. Johnston. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida to -wit: All of Tract 7, Section 9, Township 33 South, Range 39 East, Indian River County, Florida, less the following parcel': Beginning at the Southwest corner of Tract 7, Section 9, Township 33 South, Range 39 East, run North on the West line of Tract 7 a distance of 798.3 feet; thence run East and parallel to the South line of Tract 7 a distance of 300 feet; thence run South and parallel to the West line of Tract 7 a distance of 798.3 feet to the. South line of said Tract 7, thence run West on the South line of Tract 7 a distance of 300 feet to the point of beginning; and also less the South -50 feet for, road R/W. Be changed from A -Agriculture to RIA 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, April 18, 1979, at 2:00 o'clock P.M. Sincerely, jwc cc: Charles R. Sexton Elsebeth• M. Sexton Gordon B. Johnston Freda Wright. Clerk PLANNING TECHNICIAN BARBARA BERARD MADE THE PRESENTATION. SHE STATED THAT THE SUBJECT PROPERTY, WHICH IS LOCATED JUST WEST OF THE EXISTING IDLEWILD SUBDIVISION, IS PRESENTLY IN PASTURE AND USED FOR It APR 18 1979 27 BOOK 39 PAGE 455 e GRAZING: IT IS ZONED AGRICULTURAL, AND THE SURROUNDING,PROPERTIES, WHICH ARE DEVELOPED IN SINGLE FAMILY RESIDENTIAL ARE ZONED R -j AND R -IA. MRS. BERARD CONTINUED THAT THE COMPREHENSIVE PLAN SHOWS LOW DENSITY FOR THE AREA, AND THE PLANNING STAFF DOES NOT FEEL DEVELOPMENT OF THE SUBJECT PROPERTY WOULD HAVE A GREAT IMPACT ON THE SURROUNDING AREAS. THE APPLICA- TION IS IN ORDER, AND THEY RECOMMEND APPROVAL OF THE PROPOSED ZONING CHANGE. ATTORNEY CORDON .JOHNSTON APPEARED REPRESENTING THE APPLICANT. HE EXPLAINED THAT THE SPLIT VOTE OF THE PLANNING & ZONING COMMISSION WAS DUE TO THE FACT THAT SOME OF THE MEMBERS DID NOT WANT TO REZONE ANY MORE AGRICULTURAL IN THE COUNTY TO RESIDENTIAL. ATTORNEY .JOHNSTON POINTED OUT THAT ALL THE SURROUNDING AREA IS RESIDENTIAL EXCEPT THE AREA TO THE WEST, WHICH IS ALSO UNDER THE OWNERSHIP OF THE SEXTON FAMILY AND THERE ARE SEVERAL HOMES IN THAT AREA. HE NOTED THAT THE COMPREHENSIVE PLAN ALLOWS LOW DENSITY RESIDENTIAL FOR THIS AREA,,AND THE'PROPOSED R -IA IS ACTUALLY A MORE RESTRICTIVE ZONING THAN THE ZONING TO THE NORTH AND EAST, WHICH IS R-1. ATTORNEY .JOHNSTON CONTINUED THAT ONE OF THE BIGGEST OBJECTIONS RAISED WAS TO -THE POSSIBILITY OF MAKING A THROUGH STREET OUT OF 13TH PLACE, WHICH GOES THROUGH IDLEWILD SUBDIVISION; SO THE SEXTON FAMILY NOW HAS COME UP WITH ANOTHER PROPOSED PLAN WHICH CALLS FOR A COMPLETELY INTERNAL ROAD STRUCTURE AND ELIMINATES ANY THROUGH TRAFFIC ON EITHER 13TH PLACE IN IDLEWILD SUBDIVISION OR 48TH COURT IN MAGNOLIA ESTATES. HE FURTHER NOTED THAT THE SEPTIC TANK REQUIREMENTS MANDATE 1/2 ACRE LOTS, AND IN THE NEW PLAN THEY ARE PROPOSING A BUFFER ZONE OF ONE ACRE LOTS TO THE NORTH. AS TO DRAINAGE PROBLEMS, ATTORNEY .JOHNSTON NOTED THAT ANY SITE PLAN WOULD HAVE TO HAVE PROPER DRAINAGE IN ORDER TO BE APPROVED. ATTORNEY .JOHNSTON POINTED OUT THAT THE APPLICANTS HAVE LIVED IN THE COUNTY ALL.THEIR LIVES; HAVE ITS WELFARE AT HEART; AND HAVE DEVELOPED OTHER PROPERTY THROUGHOUT THE COUNTY OVER THE YEARS IN A VERY DESIRABLE MANNER. .JAMES BEINDORF, ENGINEER FOR THE PROPOSED PROJECT, AGREED THAT EVERYONE IS FAMILIAR WITH THE SEXTON FAMILY AND THE VARIOUS DEVELOPMENTS WITH WHICH THEY HAVE BEEN INVOLVED. HE WENT ON TO -DISCUSS THE RESTRAINTS THEY HAVE ON DEVELOPING THIS PROPERTY, EXPLAINING THAT THE LAW ALLOWS ONLY SO HALF ACRE LOTS IN A_GENERAL AREA. THEREFORE, WITH 16 LOTS y � APR 1 197 ALREADY DEVELOPED IN OLD SUGAR MILL ESTATES, ONLY 34 HALF ACRE LOTS COULD BE DEVELOPED ON THE SUBJECT PROPERTY, AND THE REST WOULD HAVE TO BE ONE ACRE OR MORE IN ORDER TO GET INDIVIDUAL WELLS AND SEPTIC TANKS. MR. BEINDORF THEN DISCUSSED THE PLATTED ROADS WHICH THE COUNTY HAS MAINTAINED FOR SOME YEARS THROUGH IDLEWILD SUBDIVISION AND MAGNOLIA ESTATES AND STATED THAT ONE OF THEIR MANY PROPOSED PLANS DID HAVE A LAYOUT SHOWING A ROAD THAT WOULD CONNECT UP TO MAGNOLIA ESTATES, BUT THIS WAS NOT THE FINAL AND DEFINITE PLAN. HE POINTED OUT THAT ALL THIS DISCUSSION ABOUT PLANS IS PREMATURE SINCE THEY CAN T SHOW THE BOARD WHAT THEY PROPOSE TO DO AND HAVE THEM ZONE ACCORDING TO THAT, BUT JUST MUST SHOW THE BOARD THAT THE LAND IS ACCEPTABLE FOR WHAT THEY ARE PROPOSING. ENGINEER BEINDORF BROUGHT UP THE MATTER OF DRAINAGE AND STATED THAT THE SEXTON FAMILY GRANTED A 32' DRAINAGE EASEMENT ALL THE WAY DOWN TO THE. CANAL SOUTH OF ROSEDALE ROAD WHEN THE COUNTY CAME TO THEM BECAUSE OF A BAD DRAINAGE PROBLEM IN IDLEWILD. HE INFORMED THE BOARD THAT THERE IS AN OUTFALL PRESENTLY DRAINING THE SUBJECT PROPERTY, AND IT WILL NOT IMPACT IDLEWILD. HE THEN WENT INTO DETAIL ABOUT DENSITY, NOTING THAT IDLEWILD HAS LOTS OF 75 X 110, OR ABOUT 4 UNITS TO THE ACRE WHILE THEIR PROPOSED PROJECT WORKS OUT TO A DENSITY OF ABOUT 1.2 PER ACRE. HE ALSO FELT THE BOARD MUST TAKE INTO CONSIDERATION THE KNOWN QUALITY OF THE PEOPLE DOING THIS PROJECT. CHAIRMAN WODTKE COMMENTED THAT THE APPLICANTS HAVE SPENT A CONSIDERABLE AMOUNT OF TIME AND MONEY DEVELOPING PLANS FOR THE SUBJECT PROPERTY�BUT THE BOARD IS NOT HERE TODAY TO DISCUSS WHETHER PLAN #10 OR #11 WILL BE USED, BUT SIMPLY.TO CONSIDER THE PROPOSED USE OF THE PROPERTY. HE EMPHASIZED THAT THE BOARD CANNOT LEGALLY GRANT CONTRACTUAL ZONING, AND ASKED IF ANY CONSIDERATION HAD BEEN GIVEN TO MAKING THIS INTO AN R-lE DEVELOPMENT. MR.-BEINDORF STATED THAT WAS CONSIDERED, BUT THE SHAPE OF THE PROPERTY WOULD NOT ALLOW A SUFFICIENT YIELD TO MAKE THIS FEASIBLE. HE NOTED THERE IS No R-lE IN THE AREA, AND THEY WERE TRYING TO KEEP THE DENSITY AS LOW AS POSSIBLE AND STAY COMPATIBLE WITH THE AREA. COMMISSIONER SIEBERT ASKED WHY THEY DIDN`T REQUEST R-1AA. 29 APR 18 1979 Booz 39 PACE 457 m ENGINEER BEINDORF STATED THAT THE MAIN REASON WAS THAT R -IAA - AND R -IE ALLOW NON-COMMERCIAL STABLES AND THEY WISHED TO KEEP AWAY FROM HAVING ANY HORSES. DISCUSSION FOLLOWED ON DEED RESTRICTIONS, AND MR. BEINDORF STATED THAT THEY REALLY HAD NOT THOUGHT ABOUT DEED RESTRICTIONS IN REGARD TO HORSES.AND COULD GO TO R -IAA WITHOUT ANY PARTICULAR PROBLEM. MR. SEXTON COMMENTED THAT THEY ALREADY HAVE DEED RESTRICTIONS THAT REQUIRE AN 1800 SQ. FT. HOUSE. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. JIM WATERS OF 4336 13TH PLACE, IDLEWILD, FELT THE MOST IMPORTANT THING TO DETERMINE IS IF THE PLAN THAT SHOWS THEY WILL NOT USE 13TH PLACE AS A THROUGH STREET IS THE ONE THAT WILL BE USED, ENGINEER BEINDORF STATED THAT IT IS, IF THE BOARD EVENTUALLY APPROVES IT; THEY DO NOT WANT TO GO THROUGH IDLEWILD. CHAIRMAN WODTKE POINTED OUT THAT IT COULD BE POSSIBLE THE BOARD WOULD HAVE TO DECIDE THE ROAD SHOULD GO THROUGH, BUT THIS IS NOT A MATTER BEFORE THE BOARD AT THIS TIME AND CANNOT BE DETERMINED TODAY. WERNER SAWOTKA SPOKE FOR RESIDENTS OF IDLEWILD, STATING THAT THEY STRONGLY OBJECT TO ANYTHING THAT WILL AFFECT IDLEWILD DIRECTLY OR INDIRECTLY. THEY DO NOT WANT ANY STREETS OPENED OR ANYONE USING THEIR PRIVATE DITCHES. THEY WANT TO MAINTAIN THE EASEMENT ON THE WEST OF IDLEWILD; THEY ARE WORRIED ABOUT THEIR WATER PRESSURE AND DON T WANT ANYONE.TO CUT INTO THEIR LINES. COMMISSIONER SIEBERT EXPLAINED THAT NO ONE CAN DO THAT. HENRY SHEA NOTED THE CHAIRMAN HAD SAID POSSIBLY THE BOARD WOULD SAY THIS ROAD HAD TO GO THROUGH, AND ASKED HOW THAT CAN BE PREVENTED, CHAIRMAN WODTKE EXPLAINED THAT THE BOARD HAS TO CONSIDER TRAFFIC FLOW AND PUBLIC STREETS, AND IS GENERALLY OF THE OPINION THAT WE SHOULD REQUIRE RIGHT-OF-WAY TO CARRY ON THROUGH; THEREFORE, THE DEVELOPER CANNOT ASSURE ANYONE OF ANYTHING ABOUT THE ROAD RIGHT NOW. HE NOTED THE DEVELOPER HAS INDICATED, IF IT IS ACCEPTABLE TO THE BOARD, THEY DON'T WANT TO USE 13TH PLACE. THAT IS NOT THE•ISSUE TODAY, BUT THE CHAIRMAN STATED THAT HE PERSONALLY WOULD SEE NO REASON WHATSOEVER FOR IT TO GO THROUGH, AND THE BOARD GENERALLY AGREED. APR 1.8 1979 son 39 PACE 458 30 APR 1.8 1979 son 39 PACE 458 MR. SHEA STATED HE HAD NO OBJECTION TO THE BUILDING OF HOMES ON "THE SEXTON PROPERTY BUT QUESTIONED THE DRAINAGE SITUATION, NOTING THAT THE DRAINAGE HAS OVERFLOWED AND COME UP IN HIS BACK YARD. HE ASKED IF THEY ARE GOING TO HAVE A DRAINAGE DITCH ON THEIR SIDE OF THE EASEMENT, ENGINEER BEINDORF STATED THEY WOULD LEAVE AN ADDITIONAL 2O' WHICH WOULD JOIN WITH THE 20' THE SEXTONS LEFT SEVERAL YEARS AGO AND IMPROVE THE DRAINAGE FOR THE EXISTING DITCH. HE NOTED THAT IT WOULD BE FOOLISH TO HAVE TWO DITCHES, AND STATED THAT.THE COUNTY DOES MAINTAIN THE DITCH NOW. CHAIRMAN WODTKE POINTED OUT THAT THE SEXTONS WOULD HAVE TO IMPROVE THAT DITCH TO THE SATISFACTION OF THE COUNTY, AND THE DRAINAGE COULD ONLY IMPROVE. COMMISSIONER LYONS STATED THAT ALTHOUGH THE QUESTION OF THE ROAD WILL HAVE TO COME UP AT ANOTHER HEARING, HE WISHED TO STATE AT THIS TIME THAT HE DID NOT INTEND TO VOTE FOR ANY SUBDIVISION PLAT WHICH WOULD SHOW A ROAD GOING THROUGH. DR. NICHOLAS LIMBERIS OF 152E 48TH COURT FELT THAT MOST OF THE OBJECTIONS HE HAD DURING THE PLANNING & ZONING MEETING HAVE BEEN ANSWERED TODAY. HE'STATED HE WAS NOT AGAINST THE REZONING TO RESIDENTIAL, BUT WOULD MUCH PREFER TO HAVE IT ZONED R -IE TO BE COMPATIBLE WITH THE MANOR - LIKE ATMOSPHERE OF MAGNOLIA ESTATES, WHICH IS CONTIGUOUS AND HAS LOTS EXCEEDING ONE ACRE. HE THEN DISCUSSED DETERMINING A LEGAL PROCEDURE TO DEED 48TH COURT BACK TO THE PROPERTY OWNERS IN MAGNOLIA ESTATES SO IT COULD BECOME A PRIVATE ROAD AND ELIMINATE THE POSSIBILITY OF HAVING IT BECOME A THOROUGHFARE TO THE SEXTON PROPERTY. ATTORNEY COLLINS INFORMED HIM THAT IF ALL THE PROPERTY OWNERS AGREED AND CAME BEFORE THE BOARD AND FILED'A PLAT IN REGARD TO THE ROAD, THIS COULD BE ACCOMPLISHED. IT WAS ALSO NOTED THE PROPERTY OWNERS MIGHT WISH TO CONSIDER REZONING.TO R -1E TO FURTHER PROTECT THEMSELVES. CHAIRMAN WODTKE STATED THAT HE FELT WE HAVE GONE ABOUT AS FAR AS WE CAN GO TODAY IN INDICATING THAT WE DON'T WANT THE TRAFFIC TO GO THROUGH ARD SO HAS THE DEVELOPER. HE REITERATED THAT WE CANNOT GRANT A ZONING CONTINGENT UPON ANY FACTORS BECAUSE CONTRACTUAL ZONING IS ILLEGAL, BUT THE STATEMENTS MADE TODAY WILL APPEAR IN THE MINUTES. 0 a 51 39 PACE 459 'A I m COMMISSIONER LOY AGREED,STATING.THAT SHE FEELS -THE BOARD HAS INDICATED,AS STRONGLY AS THEY CAN THAT THEY WOULD NOT FAVOR THROUGH TRAFFIC. COMMISSIONER SIEBERT STATED THAT HE DOES NOT MIND MAKING A COMMITMENT THAT HE HAS NO INTENTION OF OPENING UP 48TH COURT OR BTH PLACE AS THROUGHWAYS. AL GARBUTT OF SUNDOWNER'S TRAIL FELT THE SUBJECT PROPERTY SHOULD BE DEVELOPED INTO R -IE AND THAT IT IS ECONOMICALLY FEASIBLE. STAN OSGOWICZ OF 48TH COURT STATED THAT HE HAS NO OBJECTIONS TO THE LAYOUT PRESENTED TODAY WHERE.THEY SHOW ONE ACRE LOTS ABUTTING MAGNOLIA ESTATES, BUT APPARENTLY THERE IS NO ASSURANCE THIS IS THE WAY IT WILL BE. HE STATED THAT HE WOULD LIKE TO HAVE THE BOARD'S FEELINGS RIGHT NOW ON MAKING 48TH COURT A PRIVATE ROAD. THE BOARD INFORMED HIM THAT THEY WOULD BE HAPPY TO GIVE IT BACK TO THE PROPERTY OWNERS, BUT POINTED OUT FROM THERE ON,* THE PROPERTY OWNERS WOULD BE RESPONSIBLE FOR ITS MAINTENANCE. MR. OSGOWICZ DISCUSSED THE POTENTIAL DRAINAGE PROBLEM, AND MR. BEINDORF INFORMED HIM THAT THE DEVELOPMENT WILL NOT DRAIN TO THE NORTH AND WILL NOT BOTHER - THE PRESENT 30' DITCH. JAMES E. DAVIS OF IDLEWILD DISCUSSED THE ENVIRONMENTAL IMPACT. HE NOTED -THAT THE SEXTON PROPERTY HAS BEEN A GOOD RECHARGE AREA AND DEVELOPING THE TRACT WOULD RESULT IN INCREASED DRAWDOWN OF THE WATER BECAUSE OF ADDED WELLS. HE FELT THIS SHOULD BE CONSIDERED. A. C. PETERSON OF MAGNOLIA ESTATES FELT THE PROPERTY SHOULD BE DEVELOPED IN AS LOW DENSITY AS POSSIBLE, PREFERABLY R -1E. CATHERINE RADABAUGH OF 48TH COURT SPOKE IN FAVOR OF REZONING TO R -IE, CITING TRAFFIC PROBLEMS WITH A HIGHER DENSITY, LESS OPEN SPACE, AFFECT ON PROPERTY VALUES, NOISE POLLUTION, DOGS, ETC. SHE NOTED THAT ATTORNEY JOHNSTON SAID THE VOTE OF THE PLANNING AND ZONING COMMISSION WAS DEADLOCKED, BUT SHE DISAGREED AND STATED THAT IT WAS DENIED. CHAIRMAN WODTKE POINTED OUT THAT THE VOTE WAS 2 TO 2, AND THAT IS A DENIAL. MRS. RADABAUGH FELT THE MOTION TO REZONE WAS OUT OF ORDER AND ALSO FELT THERE WAS A CONFLICT OF INTEREST CONCERNING MRS. BEINDORF. APR i 8 1979 32 Boa 39 PAm- 460 • SHE FURTHER COMMENTED THAT THE 1.2 DENSITY FIGURE TAKES -INTO CONSIDERA- TION THE ROAD RIGHT-OF-WAY AND WAS IN FAVOR OF 48TH COURT BEING TURNED OVER TO THE PROPERTY OWNERS. LEE EMERICK OF 1425 48TH AVENUE DISCUSSED THE DIFFERENCE IN LOT SIZE REQUIREMENTS UNDER R -1A AND R -IE ZONING, WHI.CH IS CONSIDERABLE, AND SUGGESTED THAT THE NORTH HALF OF THE PROPERTY BE REZONED R -1E AND THE SOUTH HALF R -1A, WHICH WOULD PROVIDE A BUFFER ZONE TO THE DEVELOPMENT ON THE NORTH, MILES HANK, PROPERTY OWNER IN THIS AREA, SUBMITTED PETITIONS SIGNED BY AROUND 70 PEOPLE OPPOSING A REZONING TO R-14 AND REQUESTING R-lE INSTEAD. SAID PETITIONS ARE ON FILE IN THE OFFICE OF THE CLERK. MR. MANK STATED THAT THIS IS A VERY BEAUTIFUL AREA OF THE COUNTY�AND THEY WOULD LIKE TO PROTECT IT WITH R -IE ZONING. GEORGE LAMBETH AND DR. ROSCOE WHIDDON BOTH STRONGLY SUPPORTED A CHANGE TO R -IE ZONING. IT WAS NOTED THAT IF THIS WERE REZONED R -IA AND THEN THE PROPERTY SOLD TO SOMEONE ELSE, IT COULD BE MADE INTO 1/3 ACRE LOTS. ATTORNEY .JOHNSTON POINTED OUT THAT UNDER EXISTING SEPTIC TANK REGULATIONS, THERE IS NO WAY TO PUT LESS THAN 1/2 ACRE LOTS IN R -1A ZONING. HE FURTHER NOTED THAT ALL THIS WILL BE BROUGHT BACK FOR SITE PLAN REVIEW AND URGED THAT THE BOARD APPROVE THE REZONING AS REQUESTED. COMMISSIONER LAY COMMENTED THAT THE SEXTONS INDICATED THEY WOULD HAVE NO OBJECTIONS TO R-lAA, AND ATTORNEY .JOHNSTON AGREED. COMMISSIONER SIEBERT READ THE DIFFERENCES BETWEEN THE REQUIRE- MENTS UNDER R-lAA AND R -1E, NOTING THAT THE LIVING QUARTERS ARE THE SAME BUT R-lE REQUIRES ONE ACRE LOTS AND R -IM 16,000 SQ. FT. R-lAA REQUIRES BIGGER HOUSES AND BIGGER LOT SIZE THAN R -1A. ATTORNEY COLLINS INFORMED THOSE PRESENT*THAT UNDER THE PRESENT ADVERTISEMENT, THE BOARD CAN REACH A DECISION ON R -1A, R -W OR R-lE - ANYTHING THAT IS MORE RESTRICTIVE. CATHY BEUTTELL ASKED IF THEY WILL BE NOTIFIED ABOUT THE SITE PLAN APPROVAL AND WHETHER THEY COULD ATTEND. IT WAS SUGGESTED THAT SHE CONTACT THE PLANNING DEPARTMENT. 33 APR 18 1979 BOOK 39 PAGE 469 GEORGE BEUTTELL POINTED OUT THAT. IF THERE SHOULD BE A CHANGE OF OWNERSHIP AND THE NEW OWNER PUT IN THEIR OWN SEWAGE PLANT, THEY COULD GO SMALLER THAN 1/2 ACRE LOTS WITH R-lA. THE BOARD AGREED, BUT POINTED OUT THAT THE FRANCHISE WOULD HAVE TO BE APPROVED BY THE BOARD. MR. BEUTTELL URGED THAT THE DEVELOPER GO TO ONE ACRE LOTS TO DEVELOP A TOP NOTCH COMMUNITY AND A PRESTIGIOUS AREA, WHICH HE BELIEVED WOULD BE PROFITABLE. LADONNIS LAMBETH SUPPORTED REZONING TO R -1E, AND HARRIET GREENE THANKED THE BOARD FOR THEIR ATTENTION AND URGED THAT THEY TAKE INTO CONSIDERATION'THE STATEMENTS MADE BY THE PROPERTY OWNERS OF THE AREA. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. . COMMISSIONER SIEBERT STATED THAT HE DID NOT FEEL HE COULD SUPPORT A CHANGE TO R-lA, AND THOUGH HE WISHED R-1AA WAS A LITTLE MORE RESTRICTIVE, HE FELT R-lE WAS TOO RESTRICTIVE. HE CONTINUED THAT HAVING KNOWN THE SEXTON FAMILY FOR MANY YEARS, HE WOULD HAVE TO BELIEVE THAT WHATEVER IS DONE WILL BE DONE WITH TASTE AND BE IN THE BEST INTERESTS OF THE COUNTY. COMMISSIONER LYONS STATED THAT HE FELT THAT R-lE IS THE SAFEST WAY TO GO AND ALTHOUGH THERE WOULD BE LESS LOTS, HE DID NOT FEEL IT WOULD AFFECT THE NET PROCEEDS VERY.MUCH. CHAIRMAN WODTKE STATED THAT HE DEFINITELY FELT THE PROPERTY SHOULD BE RESIDENTIAL, AND THOUGH HE WOULD PREFER THAT THE REQUEST WAS FOR R -1f, THE ADJACENT DEVELOPMENT OF IDLEWILD SUBDIVISION, WHICH is R-1, MUST BE TAKEN INTO CONSIDERATION. HE NOTED THAT IF THE OTHER SUBDIVISIONS IN THE AREA SURROUNDING THE SUBJECT PROPERTY WERE R-lE, THE BOARD WOULD BE IN A BETTER POSITION TO REQUEST A CHANGE TO R-lE. HE NOTED THAT ALTHOUGH THE BOARD CANNOT MAKE A DECISION BASED ON THE PLANS PRESENTED, HE WOULD PUT.SOME FAITH IN THEM AND WOULD.SUPPORT A CHANGE TO R-lAA. + COMMISSIONER DEESON CONCURRED WITH THE CHAIRMAN'S REMARKS. COMMISSIONER Loy POINTED OUT THAT R -IM WOULD BE THE HIGHEST ZONING IN THAT AREA AT THIS TIME, AND FELT IT•WOULD.BE WORTHWHILE FOR 34' BOOK 39 PAGE 462 APR 18 1979 a SOME OF THE OTHER PROPERTY OWNERS IN -THE AREA TO TAKE STEPS TO CHANGE THEIR ZONING TO A HIGHER CLASSIFICATION. SHE STATED THAT SHE, TOO, HAS A LOT OF FAITH IN THIS DEVELOPER AND WOULD SUPPORT A CHANGE TO R -IAA. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, COMMISSIONER LYONS•VOTED IN OPPOSITION, THE BOARD ADOPTED ORDINANCE No. 79-11 GRANTING A ZONING CHANGE ON THE PROPERTY AS ADVERTISED AND CHANGING IT TO R -IAA, APR 181979 BOOK 39 PACE 463 ' k ORDINANCE NO. 79-11 WHEREAS,.the Board of County Commissioners of Indian R'Iver County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: All of Tract 7, Section 9, Township 33 South, Range 39 East, Indian River County, Florida, less the followii'g parcel: Beginning at the Southwest corner of Tract 7, Section 9, Township 33 South, Range 39 East, run North on the West line of Tract 7 a distance of 798.3 feet; thence run East and parallel to the South line of Tract 7, a.distance of 300 feet; thence run -South and parallel to the West line of Tract 7 a distance of 798.3 feet to the South line of said Tract 7; thence run West on the South line of Tract 7 a distance of 300 feet to the point of beginning; and also less the South 50 feet for road right-of-way. Be changed from A -Agricultural to R-1AA Residential District. All with the meaning and intent and as set forth and described in said Zoning Regulations. • This Ordinance shall take effect April 23, 1979. APR 181979 OOOK 39 PACE 464 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 NorlcE NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission COUNTY OF INDIAN RIVER- of Intl River County, Floridaian , bas tentatively ian STATE OF FLORIDA Proved the following changes and additions to the Zoning Ordinance of Indian Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath River County, Florida, which changes and additions are says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published substantially as follows: at Vero Beach in Indian River County', Florida; that the attached copy of advertisement, being owing desccribed changed that he following r a erty i uater in Indian River County, Florida, to-wit:o situated ,a �i - 0- Commencing at the NW corner of Tract 4, section 28, Township 33 South, Range 39 East, run E 641.21 feet, run South within angle of 90 degrees, 1'23111,327.68 feet to s line In the matter of ) � of Tract 4, Section 28, Township 33 South, Range 39 East, run W 640-94 ne of to W tbeginn A , A r fl D �' �(� �1: said Tract 4, run y N 1,326 97 ft. ttoPoint ft ng less S 648,84 feet as per OR Bk. 535, pp. S, Public Records c [ . A • (t `tet 3 of Indian River County, Florida. Be changed from C-1 Commercial to A - Agricultural District. in the Court was Pub -A public hearing to 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 fished in said newspaper In the issues of in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, March 8, 1979, at 7:30 P.M., after which said public hearing in relation hereto at which Parties in interest and citizens shall have an opportunity to be heard 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 will be held by the Board of County Commissioners of Indian River County, Florida, in the County Com. 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 mission Room, Indian River County Cour. hOul1• Vero Beach, Florida, on Wednesday, for a period of one year next preceedingthe first publication of attached copy f adver- Apri118,1979,at2:00P.M. y f County Commissioners tisement; and affiant further says that he has neither paid nor promised any person, fine or ro , Indian Indian River County corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. BY: William C.WodtkeJr.,Chairman Indian River County Planning and Zoning Commission Sworn to and subscribed before me this yf A By: Dick Bird, Chairman Feb. 16, 18, 1979. (usi Manager) (SEAIJ (Clerk of the Circuit Court, India ver County, Florida) THE FOLLOWING NOTICE WAS SENT TO.DAVID C. NOLTE BY THE CLERK OF THE CIRCUIT COURT IN COMPLIANCE WITH FLORIDA STATUTE 125.66. 37 APR 1 8.1979 Booz 39 PACE 465 BOARD OF COUNTY COMMISSIONERS �:!'►;, F t ,, f krpN , ,lg! VI!`M, C�'0,)ItJ1� 11Y P.O. BOX 1028 VERO BEACH 0 FLORIDA 32960 March 12, 1979 Mr. David C. Nolte P. 0. Box 3521 Vero Beach, Florida 32960 Dear Mr. Nolte: In compliance with Florida Statute.125.66, the following is a Notice of Public Hearing for rezoning,'as requested by. you. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida, to -wit: Commencing at the NW corner of Tract 4, Section 28, Township 33 South, Range 39 East, run E 641.21 feet, run South with int. angle of 900, 1' 23" 1327.68 feet to S line of Tr#ct 4, Section 28, Township 33 South, Range 39 East, run W 640A4 feet t -o W line of said Tract 4, run N 1326.97 ft. to point of beginning less S 648.84 feet as per OR Bk. 555, pp., 5, Public Records of Indian River County, Florida. Be changed from C-1 Commercial to A -Agricultural District. A public hearing in relation thereto will be held by the Board of County Commissidners of Indian River County, Florida in the County Commission Room in the County Courthouse, Vero Beach, Florida on Wednesday, April 18, 1979, at 2:00 o'clock P.M. Sincerely, Freda Wright Clerk PLANNING TECHNICIAN BARBARA BERARD STATED THAT THE SUBJECT PROPERTY IS LOCATED AT KINGS HIGHWAY AND OSLO ROAD. MR. NOLTE ORIGI- NALLY REQUESTED THAT THE AREA BE REZONED FROM C-1 TO AGRICULTURAL AT THE TIME WHEN THE PLANNING & ZONING COMMISSION WAS REVIEWING THIS WHOLE AREA AND THEY ASKED HIM TO WAIT UNTIL THEY COMPLETED THEIR REVIEW. THE PLANNING & ZONING COMMISSION RECOMMENDED REZONING THE WHOLE AREA TO AGRICULTURAL, BUT AT THE PUBLIC HEARING PROPERTY OWNERS IN THE AREA OBJECTED BECAUSE THEY FELT THE 660' SOUTH OF OSLO ROAD WAS A PRIME LOCATION FOR C-1 IN THE FUTURE. MR. NOLTE IS NOW AGAIN PRESENTING HIS 9.1 APR 18 1979 Boaz 39 PACE 466 REQUEST TO REZONE HIS PROPERTY FROM C-1 TO AGRICULTURAL•SO HE CAN HAVE A DOG KENNEL WHICH IS NOT_PERMITTED IN C-1. SIRS. BERARD STATED THAT THE PLANNING STAFF RECOGNIZES THAT IN THE FUTURE THIS MAY BE PRIME COMMERCIAL PROPERTY, BUT DOES NOT FEEL COMMERCIAL IS NEEDED AT THIS TIME AND THAT THE AGRICULTURAL REQUESTED BY MR. NOLTE, WHICH IS A HOLDING ZONE, IS LOGICAL AND SHOULD BE ALLOWED. ATTORNEY WILLIAM STEWART CAME BEFORE THE BOARD REPRESENTING DAVID NOLTE. HE STATED THAT THEY SUPPORT THE RECOMMENDATION OF THE PLANNING STAFF, AND POINTED OUT THAT THE MAP SHOWS THIS ENTIRE AREA IS IN -CITRUS AT THE PRESENT TIME. HE FELT IF THIS AREA SHOULD DEVELOPIN COMMERCIAL, THE PROPERTY WOULD INCREASE IN VALUE AND THE USE WOULD FOLLOW IT. CHAIRMAN WODTKE ASKED IF ANYONE PRESENT WISHED TO BE HEARD, THERE WERE NONE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE N0. 79-I2 GRANTING THE REZONING TO AGRICULTURAL AS REQUESTED BY DAVID NOLTE. 39 APR ,181979 BOOK 39 PAGE 46 ORDINANCE NO. 79"12 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, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map bo changed in order that the following described property situated in Indian River County, Florida, to -wit: ,Commencing at the NW corner of Tract 4, Section 28, Township 33 South, Range 39 East, run E 641.21 feet, run South within angle of 900 1' 23" 1327.68'feet to S line of Tract 4, Section 28, Township 33 South, Range 39 East, run W 640.84 feet to W line of said Tract 4, run N 1326.97 ft. to point of beginning less S 648.84 feet as.per<OR Bk. 555, pp. 5, Public Records of Indian River County; Florida. Be changed from C-1 Commercial to A -Agricultural District. All with the meaning and intent and as set forth and described in sa-id Zoning Regulations. This -ordinance shall take effect April 23, 1979. BOOK 39 PACE 468 APR 181979 • 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 COUNTY OF INDIAN RIVER' -STATE OF FLORIDA NOTICE Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath NOTICE IS HEREBY GIVEN that the says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published Planning and Zoning Commission of Indian at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being River County, Florida, has tentatively ap. proved the following changes and additions to the Zoning Ordinance of Indian River County, which changes and additions are QFlorida, a su1. bs as 7 That the Z ZoningMapbe changed in order that the following described property situated In the matter of =w �Ln Yon : �� `ti.t r _ .r%t in Indian River County, Florida, t0.wit: f Lots 8 and 9 in Pinewood Subdivision, ac- © p cording to plat thereof recorded in Plat Book 2, - page 89, Public Records of Indian River /, �iR i f .M i -�►C C ,,�/ / 1_ _ _ - { _r, i l� t O ,c, County Florida. Be changed from R•1 to C-1 Commercial District. in the Court, was pub- 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 n Planning and Zoning Commission in the lisped in said newspaper in the issues of v i_T, f 7 County Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, March 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 Iteard will be held by Affiant further says that the said Vero Beach Press -Journal is a newspaper published at the Board of County Commissioners of Indian Vero Bedch, in said Indian River County, and that the said newspaper has heretofore River County, Florida, in the County Com. been continuously published in said Indian River County, Florida, weekly and has been entered mission Room, Indian River County Cour. as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida thouse, Vero Beach, Florida, on Wednesday, April 9, at 2:00 P.M. for a period of one year next preceeding the first publication'of the attached copy of adver- Boar Board of County Commissioners tisement; and affiant further saysthat he has neither id nor promised an person, firm or f� P Y Pe Indian River County corporation any discount, rebate, commission or refund for the purpose of securing this adver- By: William C. Wodtke, Chairman tisement for publication in the said newspaper. Indian River County Planning and Zoning Commission -Swum to and subscribed before ygle thi of D. !'! By: Dick Bird, Chairman Feb. 16, 18, 1979. / f- ABugness Manager) (Clerk of the Circuit Court, IndiAd River County, Florida) (SEAL) THE FOLLOWING NOTICE WAS SENT TO GEORGE W. BLANTON BY THE CLERK OF THE CIRCUIT COURT IN COMPLIANCE WITH FLORIDA STATUTE 125.66, APR 118 1979 41° BOOK 39 PAGE 469 (" I BOARD OF COUNTY COMMISSIONERS Mr. George W..Blanton 1855/1865 43rd Avenue Vero Beach, Florida 32960 Dear Mr. Blanton: 41�, P. 0. BOX 1028 VERO BEACH 0 FLORIDA 32960 March 12, 1979 In compliance with Florida Statute 125.66, the following is a Notice of Public Hearing for rezoning, as requested by you, Andrew W. Blanton and Donna K. Blanton. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida, to -wit: Lots 8 and 9 in Pinewood Subdivision, according to plat thereof recorded in Plat Book 2, page 89, Public Records of Indian River County, Florida. Be changed from R-1 Residential to C-1 Commercial 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, April 18, 1979, at 2:00 o'clock P.M. Sincerely, Freda Wright Clerk jwc cc: Andrew W. Blanton and Donna K. Blanton, his wife PLANNING TECHNICIAN BARBARA BERARD STATED THAT' THIS PROPERTY IS LOCATED WEST OF 43RD AVENUE, SOUTH OF 19TH STREET, AND NEAR THE WINN DIXIE STORE. MR. BLANTON IS REQUESTING THE REZONING BASED ON THE OTHER COMMERCIAL'USES IN THE AREA. MRS. BERARD CONTINUED THAT THERE ARE SINGLE FAMILY HOMES IN THE VICINITY, AND EAST OF 43RD AVENUE IT IS ZONED R-1, R -Z AND R -3A. THE COUNTY COMPREHENSIVE PLAN SHOWS.HIGH DENSITY RESIDENTIAL. SHE NOTED THE REQUESTED REZONING WOULD PROVIDE SPOT ZONING APR 181979 �� sooK 39 PAcr 470 iq s IN THE MIDDLE OF AN EXISTING R-1 AREA, AND BELIEVED THAT IT WOULD RESULT IN FURTHER DETERIORATION OF THE NEIGHBORHOOD. THE PLANNING STAFF AND PLANNING & ZONING COMMISSION FEEL THAT BREAKING OFF THE C-1 AT 19TH STREET IS A NATURAL BARRIER AND RECOMMEND DENIAL OF THE'REZONING REQUEST. WAYNE BLANTON CAME BEFORE THE BOARD AND STATED THAT HE WANTED TO GO TO C-1 BECAUSE OF THE COMMERCIAL DEVELOPMENT NEARBY - WINN DIXIE, LENNIE'S, CUMBERLAND FARMS, ETC., WHICH HAS CAUSED A LARGE INCREASE OF TRAFFIC BY HIS HOUSE AND HAS RUINED THE AREA FOR RESIDENTIAL. CHAIRMAN WODTKE ASKED IF ANYONE PRESENT WISHED TO BE HEARD. KENNETH .JORGENSON STATED THAT HE OWNS PROPERTY ON 43RD AVENUE ACROSS FROM THESUBJECTPROPERTY AND AGREED WITH MR. BLANTON THAT THE AREA IS LITERALLY RUINED FOR SINGLE FAMILY DWELLINGS BECAUSE OF THE COMMERCIAL NATURE OF THE PROPERTY JUST NORTH OF IT. HE STATED THAT HE WOULD SUPPORT MR. BLANTON'S REQUEST FOR C-1 AND FELT IT SHOULD EXTEND ALL THE WAY DOWN 'TO 16TH ST. ".. THE CHAIRMAN ASKED IF ANYONE FURTHER WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. DISCUSSION FOLLOWED AND IT WAS NOTED THAT THIS REQUEST WAS DENIED BY THE ZONING COMMISSION. CHAIRMAN WODTKE FELT IF THERE IS TO BE ANY COMMERCIAL IN THAT AREA, IT WOULD HAVE TO BE LOOKED AT ON MORE OF A SCALE THAN JUST ONE SMALL PIECE. HE DID NOT AGREE WITH CONTINUING COMMERCIAL DOWN 43RD AVENUE BECAUSE THERE IS A GREAT DEAL OF TRAFFIC THERE ALREADY, AND COMMERCIAL WILL CREATE MORE, NOT LESS. . COMMISSIONER LYONS AGREED THAT THIS IS A SPOT ZONING SITUATION AND THAT IT WOULD HAVE TO BE REZONED ON A MUCH MORE MASSIVE SCALE. COMMISSIONER SIEBERT NOTED THAT THE PROPERTY IS BORDERED ON FOUR SIDES BY RESIDENTIAL. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY DENIED THE REQUEST OF GEORGE BLANTON FOR A REZONING FROM R-1 TO C-1. 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: 43 APR 181979 Boa 39 PAGE 471 6 9 r 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-loumal, a weekly newspaper published at Vero Beach in Indian River Country, Florida; that the attached copy of advertisement, being a(Y 11 CQ h in the matter of n=i ),,n Y � in the -� Court; was pub- lished In said newspaper in the issues of �?- Il' -!3.,-19 7,2 Affiant further says that the 'said Vero Beach Press -Journal is a newspaper published at VeroBeath, 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 pain 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.4 LLC( p Sworn to and subscribed before me thisay of `Y A.D. 19 79- (seAla n n � (Clerk of the Circuit Court, IndiaOiver County, Florida) NOTICE Is HEREBYEGIVEN that the Planning and Zoning Commission of Indian River County, Florida, will consider 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: Lots 12 through 20 Inclusive, lying in WabaS50 Tourist Court as recorded in Plat BAND page 72, Indian River County, Florida, Lotk 1, Graves to Wabasso;lLotsB1-10, Block 4, Gravesdition Addition to Wabasso; Lots 1, 2, 3, 9, 10, Block 5, Graves Addition to Wabasso as recorded in Plat Book 2, page 41, Indian River County, Florida. Be changed from C -IA to R-1 Single Family District. A public hearing in relation thereto at which Parties in Interest and citizens shall have an Opportunity to be heard, will be held by said Planning and Zoning Commission in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, March 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, April 18, 7979, at 2:00 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 Feb. 16, 18,1919. THE FOLLOWING NOTICE WAS SENT TO MAX L. COSHERT BY THE CLERK OF THE CIRCUIT COURT IN COMPLIANCE WITH FLORIDA STATUTE 125.66. NOTICES WERE SENT TO ALL PROPERTY OWNERS AFFECTED AND SAME ARE ON FILE IN THE OFFICE OF THE CLERK. 44 APR 18 1979 BOOK 39 PACE 472 X001! F:J� BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE. JR.. Chairman ALMA LEE LOY. Vice Chairman fti o; WILLIARO W. SIEBERT. JR. ' R. DON DEESON .+ PATRICK B. LYONS JACK G. JENNINGS. AdminiatnUor 2143 14th Avenue Vero Beach. Florida 92960 March 13, 1979 Mr. Max L. Goshert 5125 E. 70th Street Indianapolis, Indiana 46220 Dear Mr. Goshert: In compliance with Florida Statute 125.66, the following is a Notice of Public Hearing for rezoning, as requested by you. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida, to -wit: Lots Numbered•4-and 10, Block 4, Craves Addition to, Wabasso, according to plat recorded in the office of the Clerk of the Circuit Court of Indian River., County, Florida Be changed from C -1'A Commercial to R-1 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, April 18, 1979, at 2:00 o'clock P.M. Sincerely, Freda Wright Clerk jwc cc: Mrs. Max L. (Lois M.) Coshert 1 Mrs. Terri Jo Langford l PLANNING TECHNICIAN BARBARA BERARD STATED THAT THE ORIGINAL REQUEST WAS TO REZONE SEVERAL LOTS TO ALLOW CONSTRUCTION OF A SINGLE RESIDENCE. THE PLANNING & ZONING COMMISSION SUGGESTED THAT THE WHOLE AREA BE ENCOMPASSED, AND THAT IS HOW IT WAS ADVERTISED. A PETITION WAS SUBMITTED BY WABASSO TOURIST COURT AS THEY DID NOT WISH TO BE INCLUDED IN THE REZONING AND THEY WERE ELIMINATED. THE APPLICANT, 45 APR 18 1979 Boax 39 PAGE 473 9 LI MAX GOSHERT, OWNS TWO LOTS, AND THE PLANNING & ZONING COMMISSION RE- QUESTED REZONING FOR THE SURROUNDING AREA. MRS. BERARD NOTED THAT THIS AREA IS DEVELOPED ALMOST ENTIRELY IN SINGLE FAMILY RESIDENTIAL. THERE ARE TWO MOBILE HOMES AND ONE'WILL BE REMOVED WHEN THE APPLICANT BUILDS. MRS. BERARD CONTINUED THAT THE COMPREHENSIVE PLAN INDICATES LOW DENSITY FOR THE AREA. THERE ARE 29 NON -CONFORMING USES IN THIS VICINITY WHICH CANNOT BE EXPANDED OR REBUILT, IF DESTROYED. THERE ALSO ARE DESIRABLE BUILDING LOTS WHICH CANNOT BE BUILT UPON UNDER THE PRESENT ZONING. MRS. BERARD STATED THAT THERE ARE NO EXISTING COMMERCIAL USES INCLUDED IN THE REZONING REQUEST, AND THE PLANNING STAFF RECOMMENDS APPROVAL OF REZONING TO R-1, DISCUSSION FOLLOWED ON THE SOUTHERNMOST LOTS IN BLOCK 5, LOTS 9 AND 10, WHICH WOULD NOT BE USABLE UNDER THE R-1 ZONING BECAUSE OF ITS MORE RESTRICTIVE SETBACK REQUIREMENTS. MRS. BERARD STATED THAT THE PLANNING STAFF WAS NOT AWARE OF THAT PROBLEM AT THE TIME OF` -THE PLANNING & ZONING HEARING. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. MR. W. ASKINS INFORMED THE BOARD THAT HE LIVES ON LOT 4, BLOCK 4, AND HIS WIFE HAS A POODLE BUSINESS. THEY ALSO:OWN LOTS 5 AND 7, BLOCK 4, WHICH ARE TOO SMALL TO BUILD HOMES ON, AND THEY COULD NOT BUY THE SMALL PIECE OF LOT 6 IN BETWEEN. HE POINTED OUT THAT BOTH SIDES OF THE HIGHWAY ARE COMMERCIAL, AND IF THIS PROPERTY, WHICH HE BOUGHT MANY YEARS AGO AS AN INVESTMENT, BECOMES RESIDENTIAL, IT WILL BE LESS VALUABLE. HE ASKED IF THEY COULD CONTINUE WITH THEIR POODLE BUSINESS, AND ZONING DIRECTOR WALKER INFORMED THEM IT WOULD BE GRAND -FATHERED IN. MR. ASKINS FURTHER NOTED THAT NONE OF THE BUILDINGS IN THIS AREA WOULD COME UP TO.PRESENT DAY BUILDING STANDARDS. HE FELT THE HIGHWAY IS NOT A FIT PLACE FOR RESIDENTIAL HOMES AND THAT THE WHOLE BLOCK SHOULD STAY COMMERCIAL. TERRY GOSHERT LANGFORD INFORMED THE BOARD. THAT HER FATHER OWNS LOTS 9 AND IO, BLOCK 4, WHICH EVENTUALLY WILL BE HERS, AND SHE WOULD LIKE TO BUILD A HOME WHERE THE MOBILE HOME SITS. THERE IS ALSO A CABIN ON THE LOT, WHICH WILL BE LEVELED. THESE ARE VERY OLD AND DETERIORATING BUILDINGS AND THEY ARE TRYING TO UPGRADE. SHE FELT THAT MR. ASKINS HAS APR 18 1979 46 Boa 39 PPE 474 r A POINT BECAUSE HIS PROPERTY IS OPEN AND ON THE HIGHWAY.- THEIR LITTLE BACK CORNER IS FAIRLY CLOSE TO THE HIGHWAY, BUT THEY ENJQY IT AND WISH TO BUILD THERE AND .LIVE THERE FOREVER. SHE ALSO KNEW OF ANOTHER LADY WHO OWNS THREE LOTS AND IS PLANNING ON BUILDING. SHE STATED THAT:IF THE SOUTHERN TWO LOTS IN BLOCK 5 WERE NOT REZONED R-1, IT WOULDN'T AFFECT THEM A BIT." ROBERT DILLARD INFORMED THE BOARD THAT HE OWNS LOT 6, BLOCK 7, WHICH IS LOCATED DIRECTLY BEHIND MASSEY SUPPLIES AND NORTH OF THE POODLE SHOP. HE HAS LIVED THERE 13 YEARS, PAID TAXES ON COMMERCIAL PROPERTY ALL THAT TIME, AND HE PLANS ON PUTTING A MACHINE SHOP IN THAT CORNER, ISR. M. STEVENSON STATED THAT HE OWNS LOTS 3, 9 AND 10, BLOCK 1, WHICH CONSISTS OF ABOUT AN ACRE OF GROUND. HE FELT IT IS TOO FAR FROM THE HIGHWAY TO HAVE ANY COMMERCIAL USE AND WOULD LIKE TO SEE IT GO TO RESIDENTIAL SO THEY COULD BUILD ANOTHER HOUSE. EVELYN PIKE OF WABASSO TOURIST COURT ASKED IF IT WOULD BE FEASIBLE TO HAVE A SETBACK WHERE THE PEOPLE ON THE HIGHWAY COULD HAVE COMMERCIAL AND THE PEOPLE IN THE BACK COULD HAVE RESIDENTIAL. CHAIRMAN•WiODTKE NOTED THAT APPARENTLY THE HIGHWAY CAME THROUGH AFTER THE SUBDIVISION WAS LAID OUT, AND THE UNUSUAL LOT STRUCTURE MAKES IT DIFFICULT TO GO BACK A CERTAIN NUMBER OF FEET. HE FELT PROBLEMS OF THIS NATURE ARE WHAT WE HAVE THE BOARD OF ADJUSTMENT AND APPEALS FOR. MRS. PIKE NOTED THAT FROM MASSEY'S SUPPLIES SOUTH ALONG U. S. HIGHWAY 1 TO NIEHAUS NURSERY, THERE ARE ONLY THREE HOMES ON THE HIGHWAY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED.BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. COMMISSIONER DEESON FELT THERE IS A DEFINITE NEED FOR SOME COMMERCIAL ON U. S. 1 AROUND THAT INTERSECTION, AND AGREED THAT THERE PRESENTLY IS COMMERCIAL ALONG THE HIGHWAY AS FAR SOUTH AS NIEHAUS LAND- SCAPING WITH VERY FEW HOMES ON THE HIGHWAY. HE DID FEEL THAT THE WAY THE SUBDIVISION IS LAID OUT MAKES IT VERY DIFFICULT TO DRAW A LINE. DISCUSSION FOLLOWED ON THE SIZE OF THE VARIOUS LOTS ALONG THE HIGHWAY AND THE POSSIBILITY OF LEAVING ONLY CERTAIN LOTS IN COMMERCIAL. 47 APR 181979 BOOK 39 PAcE 475 M. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER LYONS TO ADOPT ORDINANCE No. 79-13, REZONING THE,.SUBJECT PROPERTY LESS LOTS 9 AND IO, BLOCK 5 AND LOTS 4, 5, 6, AND 7, BLOCK 4. IN FURTHER DISCUSSION IT WAS NOTED A MACHINE SHOP IS NOT PERMITTED IN C-1, AND ALSO THAT THE•TRAILER IS ON LOT 6, BLOCK 1, NOT ON LOT 7. MRS. STEVENSON INFORMED THE BOARD THAT THE OWNERS OF LOT 5, BLOCK 1 WOULD LIKE TO HAVE THEIR LOT COMMERCIAL AS WELL AS LOT 6, BLOCK 1, OWNED BY MR. DILLARD. SHE POINTED OUT THAT BOTH THESE LOTS ARE LOCATED RIGHT BACK OF MASSEY'S SUPPLIES. IT WAS NOTED THERE IS A DIRT ROAD BETWEEN MASSEY'S SUPPLIES AND THESE LOTS WHICH SHOULD ACT AS A BUFFER, BUT IN FURTHER DISCUSSION, IT WAS FELT THAT THIS IS A VERY SMALL DIRT ROAD WHICH DOES NOT ACTUALLY AFFORD ANY SEPARATION. COMMISSIONER LYONS WITHDREW HIS MOTION IN ORDER 40 REWORD IT, AND COMMISSIONER SIEBERT WITHDREW HIS SECOND. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, CHAIRMAN VJODTKE VOTED IN OPPOSITION, THE BOARD ADOPTED ORDINANCE N0. 79=13 REZONING THE SUBJECT PROPERTY LESS LOTS 9 AND 10, BLOCK 5; LOTS 4, 5, 6 AND 7, BLOCK 4; AND LOTS 5 AND 6, BLOCK 1. APR 181979 Boos 39 pacE 476 ORDINANCE NO. 79-13 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: Lots 1, 2, 3, 4, 7, 8, 9, and 10, Block 1; Lots 1, 2, 3, 8, 9 and 10, Block 4; Lots 1, 2 and 3, Block 5; all lying in Graves Addition to Wabasso and recorded in Plat Book 2, page 41, Indian River County, Florida. Be changed from C -1A Restricted Commercial to R-1 Single Family District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordina.nce shall take effect April 23, 1979. % APR 18.1979 Boa 39 PAuE 477 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-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being In the matter of NOTICE NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of Indian River County, Florida, has tentatively ap- proved the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described Property situated in Indian River County, Florida, to -wit: All that area which lies South of the City i Limits of Sebastian, east of the east R -W line of Riverside Avenue and West of the Indian River lying in Section 7, Township 31 South, Range 39 East; less that part of the S 119.89' of the N 430.50 feet of Government Lot 1, Section 7, Township 31 South, Range 39 East, lying East of Old U.S. Highway No. 1, (Indian River Drive); said parcel having a frontage of 190 feet along said Old U.S. Highway No.1 (Indian River Drive). Lying and being in Indian River County, Florida. AND (� That area which lies east of the east R -W line of Riverside Avenue, west of the Indianitiver, and north of the North R -W line of the State Road ditch R -W, lying in Section 8, Township 31 South, Range 39 East, less parcel 8 as described in R. Bk. 334 pp. 333 (Or Bk. 467, 1111- 453) in Rousseau Rivershores unrecorded Bk. 196 pp SOB, Indian ",;In the Court, was pub- Subdivision as in R. , River County, Florida. D./972 Be rezoned from C-1 Commercial to R -2A 7�A Family District. fished In said newspaper in the issues of T •��� pe the South 179.69 feet of the North _ That part of 430.50 feet of Government Lot 1, Section 7, ^ ver County, Florida) Township 31 South, Range 39 East, lying East of Old U.S. Highway No. 1, (Indian River Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Drive); said parcel having a frontage of 190 feet along said Old U.S. Highway No.1 (Indian and being in Indian River Vero Beach, in said Indian River County, and that the said newspaper has heretofore EASHPOYBt)idldving been continuously published in said Indian River County, Florida, weekly and has been entered Be rezoned from R-2 Multiple Family to R- as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida 2A Multiple Family District. for a period of one year next preceeding the first publication of the attached copy of adver- tisen:ent, and affiant further says that he has neither paid nor promised any person, firm or AND Parcel B as described in R. Bk, 334, pp. 333 corporation any discount, rebate, commission or refund for the purpose of securing this adver- (Or Bk. 467, pp. 453) located in Rousseau Subdivision as in R. tisement for publication in the said newspaper. Rivershores unrecorded 8 1 Alan River County, Florida. Sworn to and subscribed before me this of i:�-�sfs7 (Clerk of the Circuit Court, 1 It. 196, PP. — - n Be rezoned from R-1 Single Family District Family District. D./972 fo.R-2A Multiple hearing in relation thereto at which t --A- A public parties in interest and citizens shall have an to be heard, will be held by said (usi ess Manager) opportunity Planning and Zoning Commission in the Indian River _ CountyCourthouse,) Vero Beach, Florida, March 8, 1979, of 7:30 P.M.; after ^ ver County, Florida) Thursday, which said public hearing in relation thereto at in interest and citizens shall which parties ,have an opportunity to be heard will be held by the Board of County Commissioners of Indian Florida, in the County Com- River County, mission Room, Indian River County Cour- thouse, Vero Beach, Florida, on Wednesday, • April 18, 1979, at 2:00 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 Feb. 16,18,1979. THE FOLLOWING NOTICE'WAS SENT TO B. PESTRICHELLI BY THE CLERK OF THE CIRCUIT COURT IN COMPLIANCE WITH FLORIDA STATUTE 125.66. NOTICES WERE SENT TO ALL PROPERTY OWNERS AFFECTED, AND SAME ARE ON FILE IN THE OFFICE OF THE CLERK. APR 18 1979 50` BOOK 39 ?A-ULP 478 BOARD OF COUNTY COMMISSIONERS • 11:6AM C. WODTKL JR.. Chairman ALMA LEE LOY, Vice Chairman WILLWRD W. SIEBERT. JR. R. DON DEESON PATRICK S. LYONS JACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach. Florida 32960 March 13, 1979 Mr. B. Pestrichelli 130 Cedar Lane Teaneck, New Jersey' 076'66 Dear Mr. Pestrichelli: 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 thatthe following described property situated in Indian River County, Florida, to -wit: Parcel l: The North'170 feet of the South 500 feet of"Government Lot 1 lying East of Old U. S. Highway No. 1 (now Indian River Drive) in Section 7, Township 31 South, Range 39 East, as said parcel is.describ;a4-i i_ Official Record Book 111, page `687, Indian River County, Flor.ida.i public records; and Parcel 2: That part of the Northerly part of Government Lot 1, in Section 8, Township 31 South, Range 39 East, with riparian rights, lying East of the West line of Section 8 and West of the Indian River, and between extension of the North and South lines of the North 170 feet of the South 500 feet of Government Lot 1, in Section 7, Township 31 South, Range 39 East as described in Parcell hereof. Be changed from C-1 Commercial to R -2A Multiple Family District. A public hearing in relation thereto will be held by the Board of County Commissioners of•Indian River County, Florida in the County Commission Room in the County Courthouse, Vero Beach, Florida on Wednesday, April 18, 1979, at 2:00 o'clock P.M. Sincerely, Freda Wright Clerk jvc cc: Orvis E. Coursey PLANNING TECHN.I.CIAN BARBARA BERARD COMMENTED THAT THIS IS SIMILAR TO THE LAST PUBLIC HEARING IN THAT MR. PESTRICHELLI WISHED TO HAVE HIS PROPERTY REZONED TO BUILD A SINGLE FAMILY RESIDENCE. THE 51 APR 1,81979 39 Pace 479 e 9 PLANNING STAFF STUDIED THE WHOLE AREA, WHICH IS SCATTERED,RESIDENTIAL WITH A RECENT REZONING TO R-2 TO BUILD A SINGLE FAMILY HOME. THERE IS SUFFICIENT LAND AVAILABLE FOR LOW DENSITY DEVELOPMENT, AND THE PLANNING & ZONING .COMMISSION IS RECOMMENDING R -2A WHICH WOULD ALLOW FOUR UNITS PER ACRE FOR THIS WHOLE AREA. THE COMPREHENSIVE PLAN SHOWS MEDIUM DENSITY FOR THIS AREA. ORVIS COURSEY APPEARED REPRESENTING MR. PESTRICHELLI, AND STATED THAT HE HAS A LETTER AUTHORIZING HIM TO DO S0. HE STATED THAT MR. PESTRICHELLI IS PRIMARILY INTERESTED IN HAVING HIS LOT ZONED R -2A BECAUSE HE WISHES TO BUILD A HOME THERE, THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, ATTORNEY BOGOSIAN APPEARED REPRESENTING .JAMES MORCHESKY AND EDWARD LEISH AND REVIEWED THE HISTORY.OF HIS CLIENTS' PROPERTY. HE NOTED THAT THE•MORCHESKYS PURCHASED FERNDALE LODGE, WITHIN THE LAST YEAR OR SO, EXECUTED A $90,000 MORTGAGE, ON WHICH THEY HAVE BEEN•PAYING MAINLY INTEREST, AND MADE PLANS TO EXPAND THE FACILITY. SINCE THAT TIME, MR. MORCHESKY WAS KILLED IN A HELICOPTER ACCIDENT. ENGINEER EDWIN SCHMUCKER WAS HIRED LAST JULY TO PREPARE A SITE PLAN FOR THIS PROPERTY, AND HE DID GET SITE PLAN APPROVAL JUST A WEEK AGO. WHEN THE WORK ALREADY APPROVED IS COMPLETED, IT WILL ADD THREE UNITS AND THE DENSITY WILL BE ABOUT H. ATTORNEY BOGOSIAN POINTED OUT THAT SINCE THIS PROPERTY IS PRESENTLY ZONED C-1, HIS -CLIENTS COULD HAVE INCREASED THE DENSITY SUB- STANTIALLY. HE CONTINUED THAT IF THIS PROPERTY IS REZONED TO R -2A, THE UNITS WILL BE NONCONFORMING, WHICH WILL PUT HIS CLIENTS IN A DIFFICULT POSITION IN A RESALE AND POSSIBLY JEOPARDIZE THEIR ABILITY TO PAY OFF THE EXISTING MORTGAGE. HE FURTHER POINTED OUT THAT IF YOU GO OVER THE DITCH TO THE SOUTH, THERE IS A WELDING SHOP AND ANOTHER MOTEL. ATTORNEY BOGOSIAN REQUESTED THAT THE BOARD CONSIDER DELETING THE LOWER PARCEL 'OF LAND IN GOVERNMENT LOT 1 FROM THE PROPOSED REZONING TO R -2A OR', AT THE VERY LEAST, GRANT HIS CLIENTS A REZONING TO R -2C SINCE R -2B WOULD ALLOW ONLY ONE MORE UNIT. HE REALIZED THIS WOULD ENTAIL READVERTISING, BUT POINTED OUT THE MASTER PLAN CALLS FOR MEDIUM DENSITY THERE. 52 6ppK 9 PAGE 430 f` ENGINEER SCHMUCKER POINTED OUT THAT R -2A IS TEN TIMES MORE RESTRICTIVE THAN COMMERCIAL, ALLOWING ONLY ONE UNIT FOR EVERY 1.0,800 SQ. FT. INSTEAD OF ONE UNIT FOR EVERY 1,200 SQ. FT. HE FELT THAT R -2A ZONING WOULD NOT ONLY CONSTITUTE A VERY SEVERE RESTRAINT ON HIS CLIENT'S PROPERTY, BUT WOULD MAKE IT NON -CONFORMING AND PRACTICALLY PUT THEM OUT OF BUSINESS. HE NOTED THIS ALL CAME ABOUT BECAUSE ONE PERSON WANTED ONE SMALL PARCEL REZONED. IT IS HURTING HIS CLIENT CONSIDERABLY, AND HE FELT THE SIMPLEST SOLUTION FOR THE BOARD TODAY WOULD BE TO LEAVE THE AREA COMMERCIAL UP TO ROUSSEAU RIVERSHORES SUBDIVISION. RICHARD ALTMAN APPEARED REPRESENTING ED SCHLITT, TRUSTEE, OWNERS OF THE NORTHERNMOST PARCEL OF PROPERTY BEING CONSIDERED IN THE REZONING. HE NOTED THAT THERE IS A BAR AND GRILL ACROSS FROM THEM AND ALSO A PROPOSED SHOPPING CENTER. THE OWNERS WOULD PREFER TO KEEP THIS PROPERTY COMMERCIAL, OR AT LEAST ZONED FOR A DENSITY OF 8 - 12, SINCE IT WOULD BE UNFEASIBLE TO BUILD ON WITH AN R -2A ZONING. WILLIAM BEVAN, WHO HAS AN INTEREST IN THIS SAME PROPERTY, CONCURRED, STATING THAT HE HAS BEEN POURING MONEY INTO THIS PROPERTY FOR A CONSIDERABLE TIME HOPING IT WOULD BECOME AN INCOME PRODUCING ENTITY. CHUCK HARRIS APPEARED REPRESENTING HELEN TENNYSON, OWNER OF THE PARCEL MARKED R-2. HE STATED,THAT IN 1977 THIS COMMISSION GAVE THAT ZONING TO MRS. TENNYSON SO SHE COULD CONSTRUCT A SINGLE DWELLING ON HER PROPERTY. HE POINTED OUT THAT WE ARE RAPIDLY LOSING RIVERFRONT PROPERTY ' SUITABLE FOR HOMESITES. HIS CLIENT HAS SUNK HER RETIREMENT INTO THE PROPERTY AND DOES NOT WANT IT DEVALUED. MR. HARRIS NOTED THAT EVERY- THING ELSE IN THE AREA IS BEING USED AS RESIDENTIAL EXCEPT FOR THE MOTEL UNIT. HE FURTHER NOTED THAT MRS. TENNYSON's NEIGHBORS ARE MORE THAN WILLING TO HAVE THE R -2A ZONING BECAUSE THEY ARE NOW NON -CONFORMING AND THEY WOULD LIKE TO PRESERVE THE AREA. GRACE JEWELS OF 909 SANDPIPER LANE INFORMED THE. BOARD THAT SHE HAS OWNED A STRIP OF PROPERTY ON THE RIVER, 89 x 700, ZONED C-1, FOR FIVE YEARS, AND SHE WOULD LIKE IT TO. REMAIN C-1 IN ORDER TO BE ABLE TO PUT SOME INCOME UNITS ON IT FOR HER RETIREMENT. SHE WOULD NOT OBJECT TO A ZONING OF R -2C, HOWEVER. 52'-A 7 APR 1819 BOOK 39 PAGE 48i 79 IT WAS NOTED THAT JERRY KEEN IS.CONTEMPLATING A SHOPPING CENTER AND GROCERY STORE SOUTH OF SEBASTIAN CITY LIMITS,WHICH WOULD BE DIRECTLY ACROSS FROM MOST OF THE SUBJECT PROPERTY. ON MOTION BY COMMISSIONER DEESON, SECONDED BY -COMMISSIONER LYONS, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. COMMISSIONER DEESON STATED THAT HE FELT QUITE STRONGLY THAT ANYTHING OVER FOUR UNITS PER ACRE ON THE RIVERFRONT WOULD BE TOO HIGH A DENSITY, THOUGH HE IS SYMPATHETIC WITH THE OWNERS ON GOVERNMENT LOT 1 WHICH IS ALREADY DEVELOPED. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 79-14 REZONING THE SUBJECT PROPERTY, TO R -2A, EXCLUDI'NG THAT PART OF GOVERNMENT LOT 1 LOCATED BE- TWEEN THE STATE ROAD DEPARTMENT DITCH ON THE SOUTH AND ROUSSEAU RIVER - SHORES UNRECORDED SUBDIVISION ON THE NORTH; AND THE BOARD REQUESTED THE PLANNING DEPARTMENT STUDY AND BRING BACK A RECOMMENDATION ON GOVERNMENT LOT 1. 53 APR 18 1979 BOOK 39 PAGE 482 ORDINANCE NO. 79-14 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 telation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the hoard of County Commissioners of Indian River County, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: All of that area which lies South of the City Limits of Sebastian, east of the east R/W line of Riverside Avenue and West of the Indian River lying in Section 7, Township 31 South, Range 39 East; less that part of the South 179.89' of the North 430.5U' of Government Lot 1, Section 7. Township 31 South, Range 39 East, lying East of Old U.S. Highway No. 1, (Indian River rive); said parcel havin a frontage of 190' along said old U.S, Highway No. I (Indian River Drive). Lying and being in Indian River County, Florida. AND That area which lies east of the east R/W line of Riverside Avenue, west of the Indian River, and north of the south boundary line of the unrecorded Subdivision of ` Rousseau Rivershores as described in Record .Book 196, pp. 508, Indian River County, Florida, lying in Section 8, ' Township 31 South Range 39 East, less parcel B as described in Record Book 334; pp. 333 (Or. Bk. 467, pp. 453) in Rousseau Rivershores unrecorded Subdivision as in R. Bk. 196, pp. 508, Indian River County, Florida. ' Be rezoned from C-1 Commercial to R -2A Multiple Family District. AND That part of the South 179.89' of the North 430.50' of Government Lot 1, Section 7, Township 31 South, Range 39 East, lying East of Old U.S. Highway No. 1, (Indian River Drive); said parcel having a frontage of 190' along said Old U. S. -Highway No. 1 (Indian River Drive). Lying and being in Indian River County, Florida. Be rezoned from R-2 Multiple Family to R -2A Multiple Family District. "AND Parcel B as described in R. Bk. 334., pp. 333 (Or. Bk. 467, APR 181979 L BOOK 39 PAGE 483 1 -2 - pp. 453) located in Rousseau Rivershores unrecorded subdivision as in R. Bk. 196, pp. 508, Indian River County, Florida. Be rezoned from R-1 Single Family District to R -2A Multiple Family District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect Apri1,23, 1979. APR 18 1979 WX 39 PAGE 484 A; x CHAIRMAN WODTKE ANNOUNCED THAT,CONSULTING ENGINEER .JAMES BEINDORF WOULD REVIEW THE REPORT MADE ON UTILIZATION OF..THE SEWER LINE ON 6TH AVENUE. HE STATED THAT THE ADMINISTRATOR'S SECRETARY HAD CONTACTED EVERYONE WHO HAD REQUESTED AN ALLOCATION OF SPACE ON THIS SEWER LINE, AND AFTER CHECKING THOSE PRESENT, IT WAS DETERMINED THAT FOURTEEN OUT OF THE NINETEEN APPLICANTS LISTED WERE EITHER PRESENT OR REPRESENTED. ENGINEER BEINDORF PRESENTED THE FOLLOWING REPORT ENTITLED "DETERMINATION OF FORCE MAIN CAPACITY AND FUTURE TIE-INS TO 6TH AVENUE - 12TH STREET FORCE MAIN:" .� APR IS 1979 BOOK 39 PAGE 485 �y. Ilk, ' 'K DETERMINATION OF FORCE MAIN CAPACITY ' AND FUTURE TIE-INS TO 6TH AVENUE -12TH STREET FORCE. HAIN FOR INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Prepared By BEINDORF AND ASSOCIATES, 'INC. and SVERDRUP & PARCEL AND ASSOCIATES, INC. A Joint Venture • April 18, 1979 Engineer Project No. 5675-C A ' O m APR 1 8 1979 A BOOK 39 PAGE 486 w e A ' O m APR 1 8 1979 A BOOK 39 PAGE 486 DETERMINATION OF FORCE MAIN CAPACITY AND FUTURE TTE-TNS TO 6T11 AVENUE -12'm STREET FORCE MAIN y .. I . SCOPE This study will determine the range of flows applicable to a 6" PVC force main between velocities of 2.5 feet per second and 5.0 feet per second; present ex- isting flow data; inventory existing potential sources of pollution, eg., existing sewage treatment facilities; inventory potential primary users•of the existing force main; estimate sewage flows of inventoried potential users; tabularize potential sewage flows by users and determine reserve capacity, if any, of the existing force main. II DETERMINATION OF FORCE MAIN FLOW RANGES Existing force main size = 6" From Q = AV Where Q = Flow Rate A = Cross Section Area Q(2.5 fps) _ (.20 ft2)(2.5 feet per second) V = Velocity .49 cfs = 317,260 gallons per day (Minimum Flow Rate to provide scouring) Q(5.0 fps) _ (.20•ft2)(5.0 feet per second) = 1.0 cfs - 646,317 gallons per day (Maximum Flow Rate allowable) III EXISTING FORCE MAIN FLOW DATA . Currently the existing force main ddlivers sewage flow from [he Vero *call only. As there is not a meter on the existing force main, it will. be assumed all flow is due to water use within the Mall. Therefore, it is necessary to tabulate existing water use. The data presented below represents actual water use of the Mall as reported by the City of'Vero Beach. It will be assumed 100% of water used is•returned .to the sewer system. DATE WATER USE PER MONTH 14ATFR USE PER DAY January 1979 583,000 gallons 18,806 February 1979 750,000 gallons 26,786 March 1979 686,000 gallons 22,129 Average Day = 22,573 Gallons Per Day Present sewage flow in force main = 22,573 gallons per day (Flow from Vero :fall) • r t �j aQQK 39 PACE 487 APR 1979 • 0 IV INVENTORY OF EXISTING POTENTIAL POLLUTION SOURCES The following inventory will list those having existing sewage treatment plants within reasonable distance to the existing force main. It is felt these sources should haste first option for connection to the force main. POTENTIAL SOURCE PRESENT SF14AGE FLOW (Estimated) 1. Clock Restaurant 2,678 GPD* 2. Southgate Mobile Home Park 9,121 GPD** 3. 'Harrison House Restaurant 2',473 GPD* 4. Pizza Hut Restaurant 773 GPD* 5: Tropic Groves Condominiums 27,500 GPD*** 6. 'Fred Coyne Auto Dealer' 2,668.GPD* Total Estimated Flow 45,213 Gallons Per Day * Sewage flow based on 95% of water use. Water use reported by Indian River County Utilities Department. ** Sewage flow based on 104 mobile homes with total water use of 13,614 gallons per day and assuming sewage flow at 67% of water use. Also assume 1.75 people per mobile home. ** Sewage flow based on 110 living units at 2.5 people per living unit and 100 gallons per person per day. V INVENTORY OF POTENTIAL PRIMARY USERS For the purpose of this study, a potential primary user is defined as a com- mercial establishment within reasonable distance to the existin,; force main who is on a public water system and.Septic tank. As these commercial estab- lishments represent potential concentrated pollution sources, it is felt they should hate second option to connect to the existing force main. C011MERCIAL ESTABLISIDIENT PRESENT SEWAGE FLOW (Estimated) 1: -Kentucky Fried Chicken Restaurant 1,094 GPD* 2. Weiner King Restaurant 800 GPD** 3. Keene's Grocery 1,203 CPD* 4. Caprino's Restaurant 1,083 CPD* 5. Barrett's Restaurant 299 GPD* 6. Twin Oaks 266 GPD* 7. Karst Groves 1,141 GPD* 8. Moose Lodge 4,813 GPD* Total Estimated Flow 10,659 Gallons Per Day APR 18 1979 $00K 39 PAGE 488 V INVENTORY OF POTENTIAL PRIMARY USERS (Continued) Sewage flow based on 95% of water use. 11ater 9 use reported by Indian River County Utilities Department. Sewage flow estimated at 800 gallons per day. 'Weiner King has private wells as a water supply. VI SUMMARY OF POTENTIAL SE%AGE FLOW ESTIMATED FQUIVALE1,11T SEWAGE FLOW RESIDENTIAL SOURCE (GALLONS PER DAY) SEWAGE CONN.-T.CTIONolo 1. Vero Hall 22,573 90.29 2. Clock Restaurant 2,678 10.71 3. Southgate Mobile Home Park 9,121 36.48 4. Harrison House Restaurant 2,473 9.89 5. Pizza Hut Restaurant 773 3.09 6. Tropic Groves Condominiums 27,500 110.00 7. -Fred Covne Auto Dealer 2,668 10.67 Kentucky Fried Chicken Restaurant 1,094 4.38 9. Weiner King Restaurant 800 3.20 10. Keene's Grocery 1,203 4.81 11. Caprino's Restaurant 1,083 4.33 12. Barrett's Restaurant 299 1.20 13. Twin Oaks 226 0.90 14. Karst Groves 1,1411 4.56, 15. Moose Lodge 4,813 19.25 Total Potential Sewage Flow = 78,445 Callon Per Dav Total Equivalent Sexq!jae Connertfons = 313.76 Equivalent residential sewage connection determined as follows: Estimated Sewage Flow -(Gallons Per Dav) (2.5 people pe•r living unit)(100 gallons per person per. day) -VII DETERMINATION OF RESERVE CAPACITY IN FORCE %LVN County's current sewage allocation is 1.39 MCD. Subtracting the current com- mitted allocations to Vero Mall* Hospital, Vero ?fed, and Medical Arts Center, the remaining sewage capacity is 1.39 MGD - 0.57 MGD = 0.82 MGD. The analysis of'the sewage force main indicates the maximum flow rate is.646,317 gallons day. Therefore, the force main is not capable of carrying per all the remaining allocation. Reserve capacity is then limited to flows above existing potential sewage flow but less than the maximum flow allowed in the force main. o O BOOK 39 PAGE 489 APR 1,8 1979 Maximum Flow in 6" Force main a 646,317 gallons per day Total Potential Sewage Flow (Average) a 11 78,445 gallons prer day Total PotVntial Sewage Flow (Maximum Day) 196,113 gallons per day (2-5)(Average Day Flow) Reserve Capacity of Force Main a 450,205 gallons per day (Based on Maximum Day) Reserve Capacity in Terms of.Equivalent 720 Maximum Day Sewage Connections* Equivalent Maximum Day Sewage Connection Reserve Capacity (2.5)(2.5 People per Urkit)(100 gallons per day) BOOK 39 PAGE 4,90 APR 18*1979 P w. BOOK 39 PAGE 4,90 APR 18*1979 V CITY LIMITS T 17th. ",'STREET :1,1 ui a 15 th. PLACE �1 15th. STREET d v A F. 2 ig cc ti c> _ � Q 2, CLOCK RESTAURANT 14th. STREET i uj SCALE, I"=4Cd W ' Q 16th. STREET F. STREET o' a i Z t 5d ! L_J 0 9. a TWIN 1. s W LE OAKS 6° FORCE MAIN KING VERO MALL g L3. SOUTHGATE M.H.P. 12th. F STREET 10. t W KEENES " a ' GROCERY ti APR 1 `81979 9 PAcF 491 12 th. STREET • w W a rV Ilth. PLACE lith.AC 6. , TROPIC GROVES ' i I M STREET W SMIg,1% 400' 2 r; a w yL tR - fi 7 FRED COYNE 10th. STREET a 8th. PLACE a 8tk STREET �5. MOOSE LODGE 16 BARRET�S RESTAURANT 14- KARST GROVES IL CAPRINO'S i 4. HARRISON HOUSE FPIZZA HUT • r� i. BOOK -39 PAGE 492 : APR 18 1979 ENGINEER BEINDORF REVIEWED THE REPORT IN DETAIL• AND EXPLAINED HOW THEY DETERMINED THE RESERVE CAPACITY OF 450,205 GPD, BASED ON PEAK FLOW, WHICH IS THE EQUIVALENT OF 720 SEWAGE CONNECTIONS THAT COULD BE TIED ONTO THE 6" LINE. ENGINEER BEINDORF NOTED THAT IF•THE COUNTY SHOULD MAKE THE DECISION TO ALLOW OTHERS TO TIE INTO THE LINE, IT WILL HAVE TO BE DECIDED WHETHER THEY WILL BE COUNTY CUSTOMERS OR CITY CUSTOMERS, AND IF THEY ARE TO BE COUNTY CUSTOMERS, A METER WILL HAVE TO BE PLACED AT THE CITY SEWAGE PLANT. MR. BEINDORF STATED THEY WERE GOING BY THE ASSUMPTION THE CUSTOMERS WILL BE COUNTY CUSTOMERS. HE RECOMMENDED THAT THE POTENTIAL POLLUTION PROBLEMS SHOULD BE GIVEN TOP PRIORITY AND ELIMINATED FIRST. HE FURTHER FELT THAT WHATEVER ENGINEERING NEEDS TO BE DONE TO TIE ON SHOULD BE DONE BY THE APPLICANT, AND POSSIBLY SOME OF THEM COULD JOIN TOGETHER TO ACCOMPLISH THIS. THE ENGINEER CONTINUED THAT, WITHOUT KNOWING WHAT THE 201 STUDY WILL REQUIRE, IT APPEARS THAT MOST OF THIS SHOULD BE DONE WITH PUMPING" STATIONS AND FORCE MAINS WHICH WOULD BE PRIVATELY OWNED AND MAINTAINED. ENGINEER BEINDORF INFORMED THE BOARD THAT THEY HAVE GOTTEN THE PROJECTED WHOLESALE RATES FROM THE CITY OF VERO BEACH. HE STATED THE WATER IS WELL WITHIN THE RATES THE ENGINEERS HAD PROJECTED; THE SEWER IS HIGH, BUT HE FELT THE FIGURES ARE CORRECT. MR. BEINDORF POINTED OUT THAT THE COUNTY WILL HAVE TO ESTABLISH A RATE STRUCTURE - TIE-IN FEES, VARIOUS CRITERIA, ETC. HE ASKED IF THE COUNTY WOULD WANT TO ALLOCATE ALL THE 646,000 GPD TO THIS AREA IN;THE EVENT EVERYONE MENTIONED 9 WISHED TO TIE ON. CHAIRMAN WODTKE COMMENTED THAT THE COUNTY'S REMAINING ALLOCA- TION WAS ESTIMATED AT 820,000 GPD, BUT THE VERO MALL'S ALLOCATION IS BASICALLY IN TWICE WHICH WOULD MAKE THIS 840,000 GPD. HE NOTED THAT WE OFFERED THE TOWN OF INDIAN RIVER SHORES 200,000 GPD., AND IF WE ADD 640,000 TO THAT, IT IS THE END OF OUR ALLOCATION. COMMISSIONER LYONS STATED THAT HE HAD TOLD INDIAN RIVER SHORES IF THEY WERE NOT INTERESTED IN OUR OFFER, THE ALLOCATION WOULD GO SOME-. WHERE ELSE. HE DID NOT FEEL THAT IT WOULD BE BAD TO USE UP THE ALLOCA- TION BECAUSE THE SEWER LINE IS IN AND IT SHOULD BE USED. 64 APR 1 8 1979 BogPAGE. 43 CHAIRMAN WODTKE POINTED OUT THAT THE 640,000 FIGURE ASSUMES THAT ALL THE COMMERCIAL ESTABLISHMENTS AND ALL THE EXISTING PACKAGE PLANTS WILL SAY THEY WANT TO BE ON THE SYSTEM. DISCUSSION FOLLOWED ON OTHERS WHO MIGHT WISH TO BE INCLUDED. ENGINEER BEINDORF FELT THERE ARE FOUR OR FIVE ADDITIONAL WHO MAY WANT TO TIE IN. HE STATED THAT THEY ELIMINATED THOSE WEST OF U. S. I EXCEPT KEENS SUPERMARKET BECAUSE THE COST TO TIE IN WOULD BE QUITE PROHIBITIVE. ALSO, THEY ONLY WENT AS FAR SOUTH AS HARRISON HOUSE AND PIZZA HUT. COMMISSIONER LYONS FELT THIS WOULD BE A BEGINNING. HE INQUIRED ABOUT PRIVATE LIFT STATIONS. ENGINEER BEINDORF STATED THAT THEY WOULD RATHER PUT IN GRAVITY LINES, BUT ARE NOT TOO SURE WHERE TO PUT THEM, AND THE COST IS A PROBLEM. HE FELT THE PRIVATE LIFT STATIONS ARE THE NEXT BEST SOLUTION. COMMISSIONER LYONS ASKED IF THE LIFT STATIONS WOULD EVENTUALLY BECOME PART OF THE COUNTY SYSTEM, AND MR. BEINDORF DID NOT` -FEEL THEY WOULD BECAUSE WHEN THE GRAVITY LINES ARE EVENTUALLY PUT IN, HOPEFULLY THEY WOULD TIE IN THAT WAY. COMMISSIONER SIEBERT COMMENTED THAT IT WOULD BE ECONOMICALLY UNFEASIBLE FOR PRIVATE RESIDENCES TO TIE IN, AND ENGINEER BEINDORF AGREED THAT IT WOULD AT THIS TIME. HE NOTED MOST OF THE REQUESTS HAVE BEEN IN 10-2a ACRE SUBDIVISIONS. HE CONTINUED THAT THE BOARD MUST MAKE A GOOD MANY DECISIONS, I.E., HOW MUCH ALLOCATION THEY WANT TO USE - TO GET RID OF THE POLLUTERS - HOW TO LET OTHERS IN - WHO GETS THE OTHER CAPACITY, ETC. COMMISSIONER SIEBERT STATED THAT HIS IDEA WAS.THAT, THINGS ON THE GROUND NOW SHOULD HAVE FIRST PRIORITY. THE CHAIRMAN AGREED THE TOP PRIORITY WOULD BE EXISTING PLANTS AND EXISTING POLLUTION SOURCES, THOUGH HE NOTED VIE CAN'T FORCE THEM TO TIE ON. ENGINEER BEINDORF FELT THEY SHOULD HAVE THE OPTION. HE DIS- CUSSED THE PROBLEM OF METERING WHICH HE FELT CAN BE WORKED OUT. CHAIRMAN WODTKE COMMENTED THAT BASICALLY IF THEY ARE NOT ON THE COUNTY SYSTEM, THEY WILL HAVE TO BE METERED AND HAVE A LIFT STATION. t APR 18 1979 65 Boa 39 PAGE 494 POSSIBLY THEY CAN GET TOGETHER AND FIGURE,OUT A LIFT STATION TO HANDLE TWO OR THREE PIECES OF PROPERTY. HE ASKED IF WE DIDN'T ,,REQUIRE VERO MALL TO PUT A METER IN. ENGINEER BEINDORF STATED THAT THE COUNTY DID REQUIRE THEM TO GET A METER,- BUT IT HAS NOT BEEN INSTALLED. THEY PAID THE COST OF THE METER AND WILL PAY THE COST TO INSTALL IT. COMMISSIONER LYONS FELT THIS REPORT IS A STEP FORWARD AND THAT WE SHOULD TAKE IT. COMMISSIONER SIEBERT AGREED BUT POINTED OUT THAT WE MUST ESTABLISH PRIORITIES. CHAIRMAN WODTKE STATED THAT WE MUST ADDRESS ALLOCATION, AND DECIDE WHETHER WE WANT TO GO WITH 640,000 GPD OR SOMETHING LESS. HE FELT WE MUST SETTLE THE UNINCORPORATED AREA ON THE BEACH, AND NOTED WE HAVE MADE AN OFFER OF 150,000 GALLONS TO THE TOWN OF INDIAN RIVER SHORES PLUS 50,000 FOR THE UNINCORPORATED AREA. ATTORNEY COLLINS POINTED OUT THAT YOU ARE REALLY TALKING ABOUT THE UNINCORPORATED AREA PLUS THOSE PRESENTLY BEING SERVED BECAUSE THE 'CONCEPT IS TO REMOVE THE.PLANT. HE FELT THE 50,000 GPD INCLUDED THE EXISTING CUSTOMERS. ENGINEER BEINDORF NOTED THAT PEBBLE BAY AND VERO CRUZ ARE IN THE COUNTY, AND DID NOT BELIEVE 50,000 GPD WILL COVER EVERYTHING THAT THE SEWER PLANT SERVICES. DISCUSSION CONTINUED IN REGARD TO 50,000 FOR THE UNINCORPORATED AREA, AND COMMISSIONER LYONS POINTED OUT THAT WE BROKE OFF NEGOTIATIONS WITH INDIAN RIVER SHORES AND HE WOULD NOT RECOMMEND RESERVING ANYTHING FOR THEM. CHAIRMAN WODTKE POINTED OUT THAT WE CAN'T SETTLE JUST OUR PART AND USE THE EXISTING LINE TO INDIAN RIVER SHORES, BUT COMMISSIONER LYONS FELT WE CAN CONNECT THE PRESENT CUSTOMERS AND THE UNINCORPORATED AREA BY PUTTING IN A LIFT STATION. ENGINEER BEINDORF COMMENTED THAT IF THAT COULD BE DONE WITH 200,000 GPD, HE WOULD DO IT. COMMISSIONER LYONS WAS OF THE OPINION THIS CAN BE ACCOMPLISHED FOR LESS THAN THAT, AND IT WAS GENERALLY AGREED WE WANT TO HOLD ONTO THAT 200,000 GALLONS. APR 181979 an 39 PAGE 495 ENGINEER BEINDORF FELT, IN REGARD TO THE ESTIMATED 720 UNITS, THAT THESE SHOULD BE HANDLED ON A FIRST COME, FIRST SERVED BASIS. HE POINTED OUT IT WOULD TAKE A LONG TIME TO REACH THAT FIGURE, AND HE DID NOT FEEL IT IS NECESSARY RIGHT NOW TO PINPOINT WHERE THE REMAINING GALLONS HAVE TO GO. HE NOTED THAT IF YOU LIMIT IT BY A TERRITORIAL AREA, PART OF THE AREA MIGHT NOT DEVELOP FOR FIVE OR SIX YEARS. THEREFORE, HE FELT THE ONES ACCEPTED SHOULD BE THE ONES THAT NEED TO TIE IN ALREADY AND THE ONES THAT GET SITE PLAN APPROVAL AND ARE READY TO MOVE FORWARD. COMMISSIONER LYONS AGREED AND NOTED THAT WHEN YOU COME TO THE END, YOU SIMPLY COME TO THE END. DISCUSSION FOLLOWED ON DOING AN INVENTORY OF THE EXISTING STRUCTURES TO SEE WHO ACTUALLY WANTS TO TIE IN, AND IT WAS AGREED THIS SHOULD BE DONE PROMPTLY TO TRY TO GET RESPONSES BACK BY THE NEXT MEETING. ENGINEER BEINDORF WAS OF THE OPINION THAT YOU WOULD NOT HAVE TO INFORM THE PEOPLE ABOUT THE CHARGES AT THIS TIME, AND ATTORNEY COLLINS AGREED. HE POINTED OUT THAT IF THE PEOPLE SAY THEY WANT TO TIE ON, A CERTAIN AMOUNT IS RESERVED; IF THEY CHANGE THEIR MINDS LATER, THAT CAPACITY IS THEN RETAINED FOR UNRESERVED AREAS, DISCUSSION'CONTINUED.ABOUT HOW MUCH ALLOCATION WE WANT TO GIVE OUT OR KEEP IN RESERVE, AND TIME LIMITS WERE MENTIONED. -ATTORNEY COLLINS FELT A PUBLIC HEARING SHOULD BE HELD TO. ESTABLISH CERTAIN PARAMETERS. ENGINEER BEINDORF STATED THAT THEY WILL MAKE AN INVENTORY PROMPTLY. FRANK ZORC NOTED IF THE BOARD WERE TO RESERVE AS OF THIS MEETING ALL THE CAPACITY TO SERVE ALL THE POTENTIAL CUSTOMERS -OUTLINED IN THE REPORT, THEY STILL WOULD HAVE 450,000 GALLONS TO WORK WITH FOR ADDITIONAL CONNECTIONS. HE ASKED IF IT IS CORRECT, THAT THE BOARD STILL WOULD HAVE 450,000 GALLONS LEFT AND WHETHER IT IS THE INTENT OF THE BOARD TO LET THE PEOPLE IN THE NEIGHBORHOOD HAVE THE EXTRA CAPACITY. ENGINEER BEINDORF STATED THAT THE FIGURE IS CORRECT, AND THAT IT IS BASED ON PEAK FLOW. HE NOTED THERE ARE SOME WHO SHOULD BE SERVED WHO ARE NOT LISTED, BUT DID NOT FEEL IT WOULD AMOUNT TO A LOT. APR 181979 i 67 Boa 39 PAGE 496 0 MR. ZORC ASKED HOW THE BOARD WOULD GO ABOUT ALLOCATING, FOR INSTANCE, 400,000 EXTRA GALLONS, AND COMMISSIONER SIEBERT FELT IT WILL BE ON A FIRST COME, FIRST SERVED BASIS AS RECOMMENDED BY THE ENGINEER. FRANK STAWARA NOTED THAT THERE ARE MANY IN THE AREA WHO HAVE HAD A PARCEL BUT DIDN'T DO ANYTHING UNTIL THEY COULD DETERMINE WHAT WAS GOING TO HAPPEN. HE FELT THIS WILL CAUSE A RUSH. COMMISSIONER SIEBERT FELT THEY COULD RESERVE SOMETHING, AND THEN IF IT WEREN'T USED INA CERTAIN PERIOD OF TIME, IT WOULD GO BACK INTO THE POT. HE NOTED THAT ATTORNEY COLLINS AND ENGINEER BEINDORF NEED SOME TIME TO WORK OUT SOME GROUND RULES AND THEY WILL TRY TO HAVE A REPORT BY THE NEXT MEETING. FRANK ZORC ASKED MORE QUESTIONS AS TO WHERE THE LINE WILL BE DRAWN TO -LIMIT THE AREA WHERE PEOPLE CAN MAKE REQUESTS, COMMISSIONER LOY NOTED THAT ONLY ONE THING IS SURE AND THAT IS THE PRESENT PACKAGE PLANTS HAVE NUMBER ONE PRIORITY. SECONDLY, WE DON'T HAVE ANY MORE WATER. SHE FELT WE WILL HAVE TO WAIT UNTIL ATTORNEY COLLINS AND ENGINEER BEINDORF CAN COME UP WITH THEIR NEXT REPORT AND REQUESTED THAT THE PRESS JUST INDICATE THAT WE HAVE ESTABLISHED THE NUMBER ONE PRIORITY AT THIS TIME. COMMISSIONER LYONS ANNOUNCED THAT MS. .JUDY TRUETT OF THE DEPARTMENT OF COMMUNITY AFFAIRS WAS NOT ABLE TO ATTEND TODAY'S MEETING TO DISCUSS RURAL HOUSING -LAND ACQUISITION AND REQUESTED THAT THIS MATTER (ITEM 12 ON THE AGENDA) BE DEFERRED UNTIL THE NEXT MEETING. RESOLUTION No. 78-19 AND RELEASE OF EASEMENT TO .JOSEPHUS AND LOLA RUSSELL ARE HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF MARCH 22, 1978. APR 18 1:979 i f:3 Bou 39 PAGE 497 • RESOLUTION NO. 78-19 WHEREAS, the Board of County Carmissioners of Indian River County, Florida, have been requested to release the lot line easements between Lots 11 and 12, Block 2, King's Music Lands, S/D according to the plat of sane recorded in Plat Bodc 6, Page 17, of the Public Records of Indian River County, Florida; and WHEREAS, said lot line easements were dedicated on the Plat of King's Music Lads S/D for public utility purposes; and WHEREAS, the request for such release of easement has been submitted in proper form; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following lot line easements between Lots 11 and 12, shall be released abandoned and vacated as follows: ( AS ABOVE) BE IT FURTHER RESOLVED that the Chairman of the Board of.County Co3missioners and the Clerk of the Circuit Court be and they hereby .are authorized.and directed to execute a release of said lot line easements hereinabove referred to in form proper for recording and placing in the Public Records of Indian River County, Florida. This 25th day of April 1979. Attest: FREDA WRIGHT Fre a Wright , Clerk APR 18 1979 y BOARD OF COUNTY CCMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Willian C. Wocitke, Jr., Cha an Boa 39 PAGE • APR 18 1979 RELEASE OF EASRDT This Release of Easenent, executed this 25th day of Apri1,1979, by the BOARD OF COUNTY C0MKISSION RS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, first party, to Josephus and Lola M. Russell, whose address is 5775 58th Court, Vero Beach, Florida, second party, WITNESSETH: That the said party of the first part for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration in hand paid by the Aaid second party, does hereby remise, release, abandon and quit claim unto the said party forever, all the right, title, interest, claim and denand which the said first party has in and to the following described easenents, lying on land situate in the County of Indian River, State of Florida, to -wit: Public utility and drainage easanents of 3 feet on side lines between Lots 11 and 12, Block 2, King's Music Lands according to Plat as recorded in Plat Book 6, Page 17. TO HAVE AND TO HOLD -the same with all and singular the appur- tenances thereunto belonging or in anywise appertaining and all the estate, right, title, interest, equity and claim whatsoever of the said first party either in law or equity to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents by the parties so authorized by law the day and year first above written. 0 Signed, sealed and delivered in the presence of: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FTA A r 1 By.,J11A.1to Willian C. Wodtke, Jr. CKairnan Attest: FREDA WRICHT Freda Wright, C er 17 �` an 39 PACE 499 J 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 acknowledgnents, personally appreared WILLIAM C. WODIKE, JR., as Chairman of the Board of Cointy Camissioners of Indian River County, PoPt=cal sub - 4 4, division of the State of Florida, and FREDA WRIGHI`,as Clerk of the Circuit Court, to me known to be the persons duly authorized by said County to execute the foregoing instrument, and they ackncwl- edged.before me that they execute the sane for and on behalf of said political subdivision. WITNESS my hand and official seal in the County and State last aforesaid this 25th day of April,1979. Notary Pu c, State o F1 . a, at Large. ca NV Cmission expires: NOTARY PUBLIC STAFF 07 FLORIDA AT tA= 44Y CCMP1S91(* EtflcrS my q 1,)1,2 FH.%U CIPS.Rq jr4S Uj;D;;Vj%ITVS (Nat Seal) APR 181979 Boa 39 PAcE500 RESOLUTION N0. 79-38 AND AGREEMENT WITH THE DEPARTMENT OF NATURAL RESOURCES IN REGARD TO DREDGING OF THE WABASSO CAUSEWAY ARE HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF APRIL 4, 1979. • • RESOLUTION NO. 79- 38 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: That the Chairman is authorized to execute, with the Department of Natural Resources, such contracts as shall be necessary to dredge the Wabasso Bridge area. Said Resolution shall become effective this 4th day of April , 1979. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER -COUNTY F OP.IDA:v BY: William C. Wodtke, .,, as Chairman Attests 1, Clerk APR 1979 BOOK 39 PAGE 502 • ' 11�- .y L FLORIDA DEPARTMENT OF NATURAL RESOURCES .DIVISION OF RECREATION AND PARKS Florida Boating Improvement Program Project Agreement THIS AGREEMENT, dated this 20th day of march A.D., 19 79 , by and between the Department of Natural Resources, Division of Recreation and Parks, hereinafter referred to as DEPARTMENT, and the County of Indian River hereinafter referred to as the rnTmw W I T N E S S E T H: That in and for the mutual covenants between the DEPARTMENT and the coin it is agreed as follows: 1. The DEPARTMENT has found recreational boating improvement to be the primary purpose of the project known as wabasso Causeway Dredging and has agreed to enter into this Agreement with the COUNN"., for development3 being in accordance with the project plans attached hereto and made a part of this Agreement as Exhibit "A". 2. The COUNTY agrees to operate and maintain said recreational boating facilities and/or improvements once completed and covenants that it has the full legal authority and capability to so operate and maintain said facilities and/or improvements. • 3. The COUNTY agrees to commence construction of said project on or before June 20, 1979 and further agrees to complete said project on or before March 20, 1980 In the event construction of said project does not commence on or before June 20, 1979 or is not completed on or before March 20, 1980 , the COUNTY agrees to return to the DEPARTMENT any and all unexpended funds originally allocated for said project. Page 1 of 3 Pages DNR 42-017 APS 18 1979 Boa 39 wu 503 i 4. The COUNM[ agrees to appoint an official liaison officer to f be responsible for the successful completion of said project, the prompt r implementation of the articles of this Agreement, and the submission of progress reports every one hundred and eighty (180.) days from the date of the execution of this Agreement until said project is completed by the COUNTY 5. The DEPARTMENT agrees, in consideration of the promises made by the COUNTY herein, to tender to the COUNTY funds in the amount of $5,000.00 to be used specifically for the development of recreational boating facilities and/or improvements as defined in Exhibit "A" of this Agreement. 6. The COUNTY agrees to return to the DEPARTMENT all funds obligated for said project in the event said project becomes utilized for other than boating related purposes. 7. In the event there exist unexpended or deobligated funds at the completion of said project, as described in Exhibit "A", attached hereto and made part of this Agreement, the COUNTY agrees to return said unexpended, deobligated funds to the DEPARTMENT within sixty (60) days after said project's completion. 8. In the event the total amount of obligated funds for said project are' deobligated by the DEPARTMENT, the COUNTY agrees to return said deobligated funds to the DEPARTMENT within sixty (60) days. If not returned within sixty (60) days, the COUNTY agrees to return said deobligated funds to the DEPARTMENT plus interest as defined by the DEPARTMENT. 9. In the event the N/A elects to implement a user fee system for the N/A or for any facility within the N/A boundaries, the N/A agrees to impose such fees uniformly among the users regardless of the political jurisdiction in which the user may reside. 10. The COUNTY agrees to provide the DEPARTMENT with color slides or photographs of the completed project as well as other infor- mation requested by the DEPARTMENT. Page 2 of 3 Pages DNR 42-017 Boor, 99 PAcE 504 APR 181979 r • 11. The DEPARTMENT reserves.the right to inspect the site and facilities, as well as the right to audit any and all financial records= pertaining to said project at reasonable times. 12..Any inequities that subsequently appear in this Agreement shall be subject to negotiation upon written request of either party, and the parties agree to negotiate in good faith as to any such inequities. 13. This Agreement is executed in duplicate, each copy of which shall for all purposes be considered an original. IN WITNESS THEREOF, the parties hereto executed this Agreement on the day and year first above written. Attest: EXECUTIVE BOARD OF THE DEPARTMENT OF NATURAL RESOURCES By: Joseph W. Landers, Jr. Interim Executive Director Its Agent for this Purpose The UTN of APR t i , 1979 Chairman, Board of Co4nty Commissioners_ Attest: Indian River County 90 drL VIts Agent for this Purpose . Freda Wright Clerk Page 3 of 3 Pages DNR 42-017 APR 18 1979 sooK 39 PdfF 5j5 e ti o fps . THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND 4fARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND NOS. 61644 - 61792 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 6:45 O'CLOCK P.M. -ATTEST: A CLERK CHAIRMAN A 77' APR 1-8 1979 8009 mu 506 v.