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HomeMy WebLinkAbout8/22/1979WEDNESDAY, AUGUST 22, 1979 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, AUGUST 22, 1979, AT 8:30 O'CLOCK A.M. PRESENT WERE ALMA LEE LOY, VICE CHAIRMAN; WILLARD W. SIEBERT, JR.; R. DON DEESON; AND PATRICK B. LYONS. ABSENT WAS I"WILLIAM C. WODTKE, JR,,, CHAIRMAN, WHO WAS OUT OF TOWN AND UNABLE TO RETURN IN TIME FOR TODAY IS MEETING. ALSO PRESENT WERE JACK G. .JENNINGS, COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JEFFREY K. BARTON, FINANCE OFFICER; AND VIRGINIA HARGREAVES, DEPUTY CLERK. VICE CHAIRMAN LOY CALLED THE MEETING TO ORDER. VICE CHAIRMAN LOY LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND ►'I'ILLIAM "BUDDY" TIPTON, CENTRAL ASSEMBLY OF GOD CHURCH, GAVE THE INVOCATION. VICE CHAIRMAN LOY ANNOUNCED THAT THE MINUTES OF THE REGULAR MEETING OF AUGUST STH WERE NOT READY FOR APPROVAL, HAVING BEEN DE- LAYED BY THE EXTENSIVE WORKLOAD CREATED BY THE PENDING PROPERTY APPRAISAL ADJUSTMENT BOARD HEARINGS. VICE CHAIRMAN LOY REQUESTED THAT THE FINANCE OFFICER EXPLAIN THE 1978 E & I ROLL WHICH NEEDS TO BE APPROVED BY THE BOARD. FINANCE OFFICER BARTON EXPLAINED THAT THIS IS A YEARLY LIST OF ERRORS, INSOLVENCIES AND DOUBLE ASSESSMENTS, WHICH IS MADE UP AND CERTIFIED BY THE TAX COLLECTOR AND THEN SUBMITTED TO THE BOARD FOR APPROVAL BEFORE BEING FORWARDED TO THE STATE, IT IS A RECONCILIA- TION OF THE TAX ROLL, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR JUDITH WAKEFIELD, COUNTY EXTENSION DIRECTOR, AND PETE SPYKE, AGRICUL- TURAL SPECIALIST, AS FOLLOWS: AUG 2 21979 BOOK 41 PAGES AUG 2 21979 JUDITH WAKEFIELD: SEPT. 4 COCOA 12-14 WINTER HAVEN if 18 ORLANDO 19 SEBRING " 28-30 ORLANDO PETE SPYKE: AUGUST 24 ORLANDO BOOP FaGF 1 EXTENSION STAFF MEETING EXTENSION AGENTS ASSOC. ANNUAL MEETING MARINE SCIENCE 4-H TRAINING & 4-H HORSE PROGRAM PLANNING EXTENSION CIVIL RIGHTS TRAINING - I.F.A.S. TRAVEL FUNDS AREA 4—H BENEFIT HORSE SHOW FIRST ANNUAL E—PRIME SOIL—ENERGY CONFERENCE SEPT. 4 COCOA STAFF MEETING WITH DR. CALLOWAY " 10 LAKE ALFRED CITRUS BLIGHT DIAGNOSIS WORKSHOP " 11-12 WINTER HAVEN CITRUS GROWERS INSTITUTE (STATE FUNDS) " 13-14 WINTER HAVEN ANNUAL MEETING OF THE FLORIDA ASSOC. OF COUNTY AGRICULTURE AGENTS " 19 SEBRING CIVIL RIGHTS AND EQUAL OPPORTUNITY WORKSHOP (STATE FUNDS) ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED ISSUANCE OF DUPLICATE TAX SALE CERTIFICATE N0. 385 TO THOMAS L. BROWN. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE LIST OF ERRORS, INSOLVEN- CIES AND DOUBLE ASSESSMENTS - REAL ESTATE 1978 ROLL AND AUTHORIZED THE SIGNATURES OF ALL THE MEMBERS OF THE BOARD. SAID LIST I -S ON FILE IN THE OFFICE OF'THE CLERK. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMEND- MENT FOR THE SHERIFF'S DEPARTMENT: ACCOUNT TITLE Reserve for Contingencies - Sheriff Salaries ; Wages Expenses - Budget Officc ACCOU!:T NO. INCREASE DECREASE 03-9990-709.00 $ 14,000 03-3101-102.00 $ 2,000 03-3101-302.00 $ 12,000 VA ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMEND— MENT FOR THE PARKS DEPARTMENT TO ALLOCATE THE NECESSARY FUNDS FOR THE FENCE AT THE YOUTH CENTER FROM FEDERAL REVENUE SHARING FUNDS: ACCOUNT TITLE ACCOUNT NO. INCREASE DECREASE City of Vero Beach 62-6101-304.01 $ 4,500 Reserve for Contingencies 62-9990-701.00 $ 4 Soo ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT FOR THE PURPOSE OF ALLOCATING ADDITIONAL FUNDS TO THE ACCOUNT USED TO REMIT TAX MONIES TO THE CITY OF INDIAN RIVER SHORES AND THE CITY OF FELLSMERE: ACCOUNT TITLE ACCOUNT NO. INCREASE DECREASE City of Indian River Shores 02-4102-304.02 $ 395.00 City of Fells - mere 02-4102-304.04 $ 25.00 Reserve for Contingencies 02-9990-701.00 $ 420.00 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT TO ACCOMPLISH BUDGET TRANSFERS REQUESTED BY THE COUNTY ADMINISTRA— TOR�S OFFICE FOR THE ROAD AND BRIDGE DEPARTMENT: ACCOUNT TITLE ACCOUNT NO. INCREASE DECREASE Tools & Small Implements 02-4102-207.00 $ 1,000 Communications 02-4102-335.00 $ 500 Maint- Bldgs & Grounds 02-4102-337.00 $ 300 ' Maint. of Equipment 02-4102-338.00 $ 2,000 Utilities 02-4102-340.00 $ 3,000 Professional Services 02-4102-341-o1 $ 1,000 Landfill 02-4102-341.03 $ 1,000 Reserve for Contingencies 02-9990-701.00 _ $ 8,800 AUG 2 21979 3 Boa 1 PnEVI AUG 2 21979 4i PAGE373 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMEND— MENT TO PROVIDE ADDITIONAL FUNDS NEEDED FOR INSTITUTIONAL SUPPLIES FOR THE COURTHOUSE AND ANNEXES: ACCOUNT TITLE ACCOUNT NO. INCREASE DECREASE Institutional Supplies 01-2670-202.00 $ 300.00 Reserve for Contingencies 01-9990-701.00 $ 300.00 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMEND- MENT TO PROVIDE ADDITIONAL FUNDS FOR THE REFUSE DISPOSAL ACCOUNT: ACCOUNT TITLE ACCOUNT NO. INCREASE DECREASE Landfill 01-4210-341.03 $ 22,000 Reserve for Contingencies 01-9990-701.00 $ 22,000 ON MOTION BY COMMISSIONER SIEBERT, SECONDED -BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMEND— MENT TO PROVIDE ADDITIONAL FUNDS NEEDED BY THE UTILITIES DEPARTMENT PEBBLE BAY ACCOUNT: ACCOUNT TITLE ACCOUNT NO. INCREASE DECREASE Maintenance of Equipment 01-7101-338.00 $ 1,500 Reserve for Contingencies 01-9990-701.00 $ 1,500 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMEND— MENT TO PROVIDE ADDITIONAL FUNDS NEEDED BY THE PARKS DEPARTMENT: ACCOU14T TITLE Institutional Supplies Reserve for Contingencies 0 ,ACCOUNT NO. INCREASE DECREASE 01-6102-202.00 $ 50.00 01-9990-701.00 4 $ 50.00 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMEND- MENT TO ALLOCATE FUNDS FOR THE YOUTHFUL OFFENDER WORK PROGRAM: ACCOUNT TITLE City of hero Beach Reserve for Contingencies ACCOUNT N0, 03-5341-304.01 03-9990-701.00 INCREASE $ 1,500.00 DECREASE - $ 1,500.00 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT TO PROVIDE ADDITIONAL FUNDS FOR VARIOUS ACCOUNTS IN THE COUNTY ADMIN- ISTRATOR IS DEPARTMENT: ACCOUNT TITLE ACCOUNT NO. INCREASE DECREASE Travel Expense 01-2104-328.00 $ 300.00 Office Expense 01-2104-205.00 Misc. Expense 01-2104-204.00 Reserve for Contingencies 01-9990-701.00 $ 100.00 $ 50.00 $ 450.00 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT TO APPROPRIATE ADDITIONAL FUNDS FOR UNEMPLOYMENT COMPENSATION FOR THE PARKS DEPARTMENT: ACCOUNT TITLE ACCCUNT NO. INCREASE DECREASE Unemployment Compensation o1-6102-lo8.00 $ 960.00 Reserve for Contingencies 01-9990-701.00 $ 960.00 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GAVE RETRO -ACTIVE APPROVAL TO THE AD- MISSION OF WALTER DANIELS, SJR., TO A, G. HOLLEY STATE HOSPITAL. THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: REPORT OF TRAFFIC VIOLATION BUREAU - SPECIAL TRUST FUND .JULY, 1979 TRAFFIC VIOLATION FINES BY NAME, .JULY, 1979 k" AUG 2 2 1979 BOOK 41 FACE 374 AUG 2 21979 my 41 PAGF375 VICE CHAIRMAN Loy STATED THAT SHE WISHED TO ADD TO TODAY'S AGENDA A MATTER CONCERNING TWO PISTOL PERMITS WHICH WERE SENT BACK FOR A FURTHER CHECK BECAUSE A BOND HAD NOT BEEN SIGNED. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE EMERGENCY MATTER REQUESTED BY VICE CHAIRMAN Loy WAS ADDED TO TODAY IS AGENDA. VICE CHAIRMAN Loy INFORMED THE BOARD THAT THESE PISTOL PERMIT APPLICATIONS NOW HAVE COME BACK RECHECKED BY THE SHERIFFS DEPART- MENT. THE BOND HAS NOW BEEN PROPERLY SIGNED�AND THE SHERIFF HAS NO OBJECTION; THE PISTOL PERMIT APPLICATION OF PETER SABONJOHN AND M ARIE SABONJOHN ARE IN ORDER. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, COMMISSIONER SIEBERT VOTED IN OPPOSITION, THE BOARD APPROVED APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM FOR PETER SABONJOHN AND MARIE SABONJOHN. DISCUSSION FOLLOWED IN REGARD TO THE POSSIBILITY OF HAVING A DIFFERENT PROCEDURE FOR THE ISSUANCE OF PISTOL PERMITS. ATTORNEY COLLINS WAS OF THE OPINION THAT THE BOARD DOES HAVE AN OPTION IN THE ISSUANCE OF THESE PERMITS AND CAN MAKE A DECISION IN REGARD TO ISSUANCE OF A PERMIT IF THEY FEEL IT IS IN THE BEST INTERESTS OF THE COUNTY. COMMISSIONER LYONS FELT THERE IS A PROLIFERATION OF PISTOL PERMITS ISSUED AND ALSO FELT THAT THE BOARD DOES NOT GET ENOUGH INFORMATION TO GIVE THEM A BASIS FOR A DECISION ONE WAY OR THE OTHER. ATTORNEY COLLINS INFORMED THE BOARD THAT THERE IS A NEW CASE LAW THAT HAS SET OUT ADDITIONAL PROCEDURES. ON GUN PERMITTING, AND THERE HAS BEEN A CHANGE THAT CAN REQUIRE MORE INFORMATION, IF THE BOARD IS INTERESTED. THE BOARD AGREED THAT THERE IS VERY LITTLE NEED TO CARRY A CONCEALED WEAPON AND INFORMED THE ATTORNEY THAT THEY WOULD LIKE TO SEE THE PROCEDURE REVISED AND HAVE HIM REPORT BACK TO THEM ON NEW PROCEDURES, COMMISSIONER SIEBERT FELT WE SHOULD NOT ISSUE ANY PISTOL PERMITS AT THIS TIME UNTIL FURTHER STUDY CAN BE MADE. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AGREED TO RESCIND THE PREVIOUS MOTION APPROVING ISSUANCE OF PISTOL PERMITS TO PETER SABONJOHN AND MARIE SABONJOHN ON THE BASIS THAT NEW PROCEDURES FOR THE ISSUANCE OF PERMITS TO CARRY A CONCEALED WEAPON ARE GOING TO BE RESEARCHED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY TABLED THE MATTER OF ISSUANCE OF PERMITS TO CARRY CONCEALED WEAPONS UNTIL THE BOARD RECEIVES A REPORT FROM THE ATTORNEY ON PROCEDURES FOR ISSUING PERMITS. COMMUNITY DEVELOPMENT DIRECTOR ED REGAN CAME BEFORE THE BOARD REQUESTING PERMISSION TO AMEND THE BUDGET FOR THE COMMUNITY DEVELOP- MENT BLOCK GRANT FOR 1977. HE NOTED THAT IT IS PERMISSIBLE TO MOVE FUNDS UP TO 10% OF ANY GIVEN LINE ITEM. HE, THEREFORE, WISHED TO TRANSFER $2,700 FROM PUBLIC WORKS AND APPLY IT TO AUDITING THE SECOND AND THIRD YEAR GRANT. VICE CHAIRMAN Loy QUESTIONED IF WE COULD TAKE MONEY OUT OF THE THIRD YEAR GRANT FOR THE SECOND YEAR AUDIT, AND MR. REGAN STATED THAT HE HAS BEEN ADVISED BY JACKSONVILLE THAT WE CAN DO THAT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 79-72A. AUG 221979 7 Box 41 PAGE 3'fu AUG 2 21979 BOOK 41 PAGE 377 RESOLUTION NO. 79-72-A BE IT RESOLVED BY THE BOARD OF COUNTY COMIISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the Community Development Block Grant for the year 1977-78 known as Application No. B -77 -DN -12-0076 is amended to reduce Line Item No. 2, (65-4102-203) Public Works, Facilities, Site Improvements, by TWO THOUSA14D SEVEN HUNDRED DOLLARS ($2,700.00) to ONE HU14DRED SIXTY-EIGHT THOUSAND THREE HUNDRED DOLLARS ($168,300.00) and said TWO THOUSAND SEVEN HUNDRED DOLLARS ($2,700.00) transferred to Line Item No. 14, (65-2104-341.01) Administration and Audits, increasing said budget item to SIX THOUSAND SEVEN HUNDRED DOLLARS ($6,700.00). BE IT FURTHER RESOLVED That this Resolution is to apply retroactively to the period covered by the expenditures under the budget. This Resolution shall become effective as of the 22nd day of August, 1979. BOARD OF COUNTY C0111ISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By G William C. Wodtke, Jr., Chairman ATTEST: 17 L /01, -.eAj Freda Wright, C&'r t COMMUNITY DEVELOPMENT DIRECTOR REGAN REPORTED THAT HE HAS DISCUSSED THE AUDITING OF THE COMMUNITY DEVELOPMENT BLOCK GRANTS WITH THE FIRM OF HAMILTON AND BAKER, CPA's. HE NOTED THAT THE BOARD HAS ALREADY APPROVED $1,200 TO DO THE SECOND YEAR AUDIT, AND IN DISCUSSING THE THIRD YEAR GRANT WITH HAMILTON AND BAKER, THEY DID NOT BELIEVE, UNLESS THEY RAN INTO SOMETHING UNUSUAL, THAT THE COST FOR THE AUDITING OF THE THIRD YEAR GRANT WOULD RUN MORE THAN $1,500. IN THE EVENT THEY SHOULD NEED TO GO BEYOND THE SCOPE OF THE WORK ANTICIPATED, MR. BAKER INFORMED MR. REGAN THAT HIS FEE IS GENERALLY $50.00 PER HOUR, BUT SINCE COUNTY WORK IS OF GREATER VOLUME, HE WOULD WORK AT $40.00 PER HOUR, AND A JUNIOR ACCOUNTANT WOULD BE $22.00 PER HOUR. SHOULD THEIR TIME BE LESS THEN ENOUGH TO WARRANT THE $1,500, THEY KEEP TRACK OF THEIR HOURS AND WOULD CHARGE ACCORD- INGLY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED THE EXPENDITURE OF AN AMOUNT NOT TO EXCEED $1,500 TO ENGAGE THE FIRM OF HAMILTON AND BAKER, CPA, TO PERFORM THE AUDITING OF THE THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT. COMMUNITY DEVELOPMENT DIRECTOR REGAN NEXT DISCUSSED OBTAIN- ING BOARD APPROVAL FOR CLEARANCE AND DEMOLITION OF SUB -STANDARD HAZARDOUS STRUCTURES ON THE PROPERTIES OF THE FOLLOWING: VIOLA R. CLARK AND ANNIE LYNCH PEARLIE DAWES DELORES T. BROWN DAVID ELDELL HE STATED THAT THESE PROPERTIES HAVE BEEN CHECKED TO DETERMINE THAT THESE ARE LOW INCOME FAMILIES AND THAT THE REMOVAL OF THESE STRUCTURES WILL SUBSTANTIALLY IMPROVE THE AREA. HE FURTHER INFORMED THE BOARD THAT RELEASES HAVE BEEN RECEIVED FROM EACH OF THE OWNERS. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER SIEBERT, TO APPROVE CLEARANCE AND DEMOLITION OF THE HAZARDOUS STRUCTURES LOCATED ON THE PROPERTIES LISTED ABOVE. AUG 2 21979 9 BooK 41 PAGE 78 AUG 2 21979 BOOK 41 PAGE 379 ATTORNEY COLLINS STATED THAT HE HAS DISCUSSED THIS WITH THE ZONING DEPARTMENT AND THEY HAVE REPORTED THAT THEY HAVE PERSONALLY CHECKED THE PROPERTIES, VERIFIED THE OWNERS, KNOW THAT THE STRUCTURES ARE LOCATED ON THE PROPERTY THEY DESCRIBE AND HAVE WRITTEN CONSENTS. HE, THEREFORE, FELT IT IS ALL RIGHT TO PROCEED, BUT EMPHASIZED THAT WE MUST BE POSITIVE THAT THE STRUCTURES ARE ON THE PROPER PROPERTY. COMMISSIONER SIEBERT ASKED ABOUT FURTHER VERIFICATION OF THE LOW INCOME STATUS OF THE PROPERTY OWNERS, AND MR. REGAN STATED THAT THE ZONING INSPECTORS WORKING WITH THESE CASES HAVE ADVISED HIM THAT THEY ARE LOW INCOME AND THIS ALSO HAS BEEN VERIFIED BY MRS. HABBAKUK WHITFIELD OF THE WABASSO CIVIC LEAGUE, WHO IS VERY KNOWL- EDGABLE OF THE COMMUNITY. VICE CHAIRMAN LOY BROUGHT UP THE MATTER OF ANY MORTGAGES OR LIENS AGAINST THIS PROPERTY. ZONING DIRECTOR WALKER FELT THERE WERE NO MORTGAGES OR LIENS, BUT STATED THAT THERE ARE LAWSUITS. HE STATED THAT THE LAWYERS WERE CONTACTED, AND THEY INSTRUCTED THAT THE COUNTY SHOULD REMOVE THE STRUCTURES AT NO COST TO THE OWNERS. ATTORNEY COLLINS INSTRUCTED THE ZONING DIRECTOR TO GET A LETTER FROM THE ATTORNEYS INVOLVED AUTHORIZING THE REMOVAL OF THE STRUCTURES. MR. REGAN INFORMED THE BOARD THAT TWO OF THESE STRUCTURES ARE BURNED OUT, AND HE FELT THE OTHERS ARE SUCH THAT THEY WOULD NOT BE MORTGAGEABLE. ATTORNEY COLLINS NOTED THAT OUR CONCERN IS THAT THE COUNTY BE HELD HARMLESS FOR THE DEMOLITION. COMMISSIONER LYONS WITHDREW HIS MOTION FOR PURPOSES OF RE- WORDING, AND COMMISSIONER SIEBERT WITHDREW HIS SECOND, MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS - SIGNER SIEBERT TO APPROVE CLEARANCE AND DEMOLITION UNDER THE COMMUNITY DEVELOPMENT PROGRAM OF THE STRUCTURES LOCATED ON THE FOLLOWING DE- SCRIBED PROPERTIES, SUBJECT TO LETTERS BEING RECEIVED FROM ATTORNEYS REPRESENTING ANY OF SAID PROPERTY OWNERS STATING THAT THEY HAVE NO OBJECTION TO SUCH REMOVAL AND THAT THE COUNTY WILL BE HELD HARMLESS: VIOLA R. CLARK AND ANNIE LYNCH (29-31-39-0000-5000-00014.0) PEARLIE DAWES PAIRS. DELORES T. BROWN DAVID ELDELL (29-31-39-0000-5000-00111,0) (COLORED SCHOOL SUB., LOT 1, BLOCK 5) (24-31-39-0000-5000-036.0) (24-31-39-0000-5000-037,0) COMMUNITY DEVELOPMENT DIRECTOR REGAN NOTED THAT HE MUST CARRY THIS OUT WITH DISPATCH BECAUSE WE NEED TO HAVE THE FUNDS FROM THE THIRD GRANT 100% SPENT BEFORE WE APPLY FOR THE NEXT YEAR'S GRANT. ATTORNEY COLLINS SUGGESTED THAT MR. REGAN TYPE AN APPROPRIATE LETTER AND TAKE IT DIRECTLY TO THE ATTORNEYS INVOLVED FOR THEIR SIG- NATURE. THE VICE CHAIRMAN CALLED FOR THE QUESTION, IT WAS VOTED ON AND CARRIED UNANIMOUSLY. PLANNING & ZONING DIRECTOR DAVID REVER REPORTED TO THE BOARD THAT WE HAVE BEEN WORKING WITH THE CITY OF VERO BEACH TO PREPARE SOME GUIDELINES TO HELP US THROUGH SITE PLAN APPROVALS BY.�MAKING.SOME DETERMINATIONS ABOUT HOW TO HANDLE DRAINAGE. HE STATED THAT THEY HAVE COME UP WITH A JOINT PROPOSAL WHICH WAS PRESENTED TO THE SERO BEACH CITY COUNCIL LAST NIGHT. MR. REVER NOTED THAT THE DOCUMENT PRESENTED IS A "BAND-AID" EFFORT TO HANDLE THIS SITUATION, BUT IT IS A WAY TO WORK WITH EACH INDIVIDUAL PROPOSAL,. BASICALLY THE PRO- GRAM IS PUT TOGETHER SO THAT WE CAN CONSIDER THE AMOUNT OF WATER BEING, GENERATED OVER AND ABOVE WHAT IS PRESENTLY GENERATED FROM THE PROPERTY. THIS IS DONE BY PERCOLATION TESTS, ENGINEERS WILL ESTIMATE WHAT WILL BE GENERATED BY THE DEVELOPMENT, AND IF IT CANNOT BE HANDLED ENTIRELY ON SITE, WE WILL TRY TO HANDLE IT WITH OFF-SITE FACILITIES. MR. REVER INFORMED THE BOARD THAT THERE IS A SPECIFIC PROCEDURE SET FOR TAKING THE PERCOLATION TEST, AND IN ARRIVING AT THIS SPECIFIC PROCEDURE, THEY WORKED WITH THOSE WHO WOULD BE DIRECTLY INVOLVED, I.E., ENGINEERS AND ARCHITECTS. IT WAS THEIR SUGGESTION THAT WE SHOULD HAVE A UNIFORM PROCEDURE FOR BOTH CITY AND COUNTY. COMMISSIONER SIEBERT SUGGESTED THAT IN PARAGRAPH 3 ON PAGE 2, IT SHOULD STATE THAT THE PLANNING DEPARTMENT WILL MAKE "THEIR RECOMMENDATION" BASED UPON DATA SUBMITTED BY THE APPLICANT RATHER THAN "WILL MAKE THE JUDGMENT." HE ASKED IF THERE SHOULD BE A STATE- MENT INCLUDED TO THE EFFECT THAT MEETING THIS CRITERIA DOES NOT AUTOMATICALLY ENTITLE ANYONE TO SITE PLAN APPROVAL. AUG 2 21979 11 BOOK 41 PAGE 380 AUG 2 21979 BooK 41 PnE381 MR. REVER POINTED OUT THAT THIS IS JUST ANOTHER PART OF THE SITE PLAN APPROVAL PROCESS AND DOES NOT ASSURE ANYONE THAT THEY WILL GET APPROVAL AS THERE IS OTHER CRITERIA THEY MUST MEET. MR. REVER CONTINUED THAT IF THE BOARD WOULD ACCEPT HIS RECOMMENDATIONS AND ACCEPT THE CRITERIA SET OUT IN THE PROPOSED ADDENDUM TO ZONING ORDI- NANCE 71-3f IT WOULD AUTOMATICALLY END THE MORATORIUM. HE STATED THAT THEY ARE REALLY ASKING THESE GUIDELINES BE ADOPTED ON A BASIS THAT WOULD ALLOW THE PLANNING DEPARTMENT TO APPLY THIS CRITERIA AND START WORK ON THE PROPOSALS WAITING IN THE WINGS. THEY THEN COULD PROCEED TO PREPARE THIS TO BE ADOPTED AS AN AMENDMENT TO THE ZONING ORDINANCE THROUGH REGULAR PROCEDURES, COMMISSIONER LYONS FELT THE CRITERIA SUGGESTED IS VERY GOOD, BUT HE WANTED TO BE SURE THAT THE SPECIFIED PERCOLATION TEST HAS BEEN WELL ENOUGH DOCUMENTED SO THAT WE DON'T RUN INTO A BIG ARGUMENT ABOUT DOING IT ONE WAY OR ANOTHER. MR. REVER POINTED OUT THAT THE COUNTY WILL HAVE A REPRESENTA- TIVE THERE WHEN THE TEST IS BEING TAKEN TO BE SURE IT IS DONE AS WE REQUIRE AND THAT THE STANDARDS ARE FOLLOWED. ENGINEER DEAN LUETHJE EXPLAINED THAT IN DEVELOPING THIS PRO- CEDURE THEY TRIED TO CREATE SOMETHING THAT WOULD SIMULATE THE METHOD THAT WOULD BE USED TO DISPOSE OF THE STORM WATER. ATTORNEY COLLINS REQUESTED THAT THE PLANNING DIRECTOR EXPLAIN HOW THE PROPOSED FORMULA WOULD WORK. MR. REVER EXPLAINED THAT YOU WOULD STRIVE ALWAYS TO RETAIN THE MAXIMUM, OR THE AMOUNT OF WATER THAT WOULD BE GENERATED BY THE 25 YEAR STORM. THE ALTERNATE WAY WOULD BE TO RETAIN THE WATER GENERATED ON THE SITE SO THERE WOULD BE NO ADDITIONAL WATER RUNNING OFF SITE INTO THE DRAINAGE SYSTEM. YOU TAKE THE PERCOLATION TEST TO DETERMINE THE CAPABILITY OF THE SITE TO RETAIN THE WATER. IF THERE IS A DIFFERENCE BETWEEN THE 25 YEAR QUANTITY AND THE RESULTS OF THE PERCOLATION TEST, YOU MUST FIND SOME ADDITIONAL WAY OF HANDLING THE WATER, AND POSSIBLY THE DEVELOPMENT SCHEME MAY HAVE TO BE ADJUSTED. THE MINIMUM AMOUNT IS CALCULATED ON A 3 YEAR FREQUENCY STORM - THE MAXIMUM ON THE 25 YEAR STORM. THIS GIVES SOME FLEXIBILITY IN THE 12 DEVELOPMENT OF THE SITE, AND MR. REVER FELT YOU MUST HAVE SOME DISCRETION IN MAKING A JUDGMENT, HE NOTED THAT SOME PEOPLE FELT THE 3 YEAR FIGURE WAS TOO LOW, BUT IN ADJUSTING THIS TO A 5-10 YEAR LEVEL, THE QUANTITY OF WATER WAS TOO MINUTE TO CONSIDER. ATTORNEY COLLINS ASKED WHAT IF THE DEVELOPER STATES THAT HE CAN PROVIDE FOR THE 10 YEAR STORM AND THAT IS A SUFFICIENT STAND- ARD AND SHOULD BE ACCEPTED. MR. REVER NOTED THAT YOU ARE LOOKING FOR THE MAXIMUM, BUT YOU MIGHT HAVE TO ADJUST AND POSSIBLY MAKE A JUDGMENT THAT THE 10 YEAR STORM LEVEL IS ALL YOU CAN RETAIN AND THAT IS SUFFICIENT FOR THAT PARTICULAR SITE. ADMINISTRATOR KENNINGS CONFIRMED THAT NUMEROUS MEETINGS WERE HELD WITH THE ARCHITECTS AND ENGINEERS TO DEVELOP THESE GUIDE- LINES. IN NO WAY WAS THIS SATISFACTORY TO EVERYONE, BUT THE PURPOSE WAS TO DEVELOP A PLAN IDENTICAL TO THAT ADOPTED BY THE CITY OF VERO BEACH. THE ADMINISTRATOR DID NOT BELIEVE THAT THIS IS A PANACEA, BUT NOTED THAT IT IS THE FIRST TIME HE CAN RECALL WHERE THE TWO PUBLIC BODIES AND THE ARCHITECTS AND ENGINEERS HAVE WORKED TOGETHER TRYING TO RECTIFY AND HANDLE THE DRAINAGE PROBLEMS IN THIS COUNTY. HE CONTINUED THAT THIS IS THE FIRST LITTLE STEP IN A LONG RANGE PROGRAM, AND HE FELT IT IS VERY IMPORTANT THAT THE COUNTY AND THE CITY OF VERO BEACH HAVE THE SAME GUIDELINES. ADMINISTRATOR KENNINGS STATED THAT WE NEED TO MOVE AHEAD AS FAST AS WE CAN BECAUSE OF THE GROWTH OF THIS COMMUNITY AND RECOMMENDED THAT THE BOARD ADOPT THESE GUIDELINES SO THE PLANNING DEPARTMENT CAN MOVE AHEAD. VICE CHAIRMAN SOY REPORTED THAT WE HAVE A TELEPHONE REPORT FROM THE CITY OF VERO BEACH THAT THEY DID ACCEPT THE COMMITTEE REPORT AS TO PROCEDURE AND CRITERIA, AND THEY WILL BE ADOPTING A FORMAL ORDINANCE TO MAKE IT A PART OF THEIR REGULATIONS AS SOON AS POSSIBLE. COMMISSIONER LYONS STATED THAT HE IS SATISFIED THAT THEY HAVE ATTEMPTED TO TIE THIS INTO A WELL TRIED STANDARD AND HE WILL WITHDRAW HIS OBJECTIONS. ADMINISTRATOR KENNINGS POINTED OUT THAT IT IS QUITE POSSIBLE WHEN YOU GET THESE PROCEDURES ESTABLISHED, THERE WILL BE CERTAIN PROPERTIES THAT JUST ARE NOT SUITABLE FOR DEVELOPING AND THAT IS THE PURPOSE OF THESE TESTS. AUG 2 21979 13 80 Al PAGE ' AUG 2 21979 500K 41 PAGF 383 THE BOARD FELT IT IS TIME THAT THIS POSSIBILITY IS RECOG- NIZED. IT WAS NOTED THAT THE MORATORIUM WILL EXPIRE SEPTEMBER 3RD, AND -ATTORNEY COLLINS SUGGESTED BECAUSE OF THE.TIME FRAME AVAILABLE THAT THE BOARD ADOPT WHAT IS PRESENTED HERE IN RESOLUTION FORM TODAY AND CONSIDER ADOPTION OF -AN EMERGENCY ORDINANCE AT THE SEPTEM- BER 5TH MEETING SINCE THERE IS NOT SUFFICIENT TIME TO MEET ADVERTIS- ING REQUIREMENTS. HE STATED THAT BY THAT TIME HE WOULD HAVE A PRO- POSAL TO PRESENT TO THE BOARD THAT WILL NOT ONLY INCLUDE THESE GUIDELINES, BUT ALL OTHER REGULATORY AGENCIES THAT NEED TO BE CON- SIDERED. HE AGREED WITH COMMISSIONER LYONS THAT WE ARE GOING TO HAVE TO ESTABLISH STANDARDS THAT WILL CUT DOWN ON THE DISCRETIONARY ASPECTS, BUT DID NOT FEEL THAT WE ARE IN A POSITION TO DO SO AT THIS POINT. VICE CHAIRMAN LOY DISCUSSED FURTHER PARAGRAPH 3 WHERE IT STATES THAT THE PLANNING DEPARTMENT WILL MAKE THE RECOMMENDATIONS AND ASKED WHERE THEY WILL GET THE EXPERTISE TO ASSIST THEM DO THIS. PLANNING DIRECTOR REVER STATED THAT THE PLANNING DEPARTMENT WILL RELY ON THE PERSONS WHO HAVE THE EXPERTISE TO HELP THEM MAKE THE RECOMMENDATION, AND HE FELT THE ADMINISTRATOR AND HE HAVE AGREED IT SHOULD BE THE CONSULTING ENGINEER. VICE CHAIRMAN Loy WANTED TO FEEL THAT THEY HAVE THE FLEXI- BILITY TO CALL UPON THE TECHNICAL ADVISORY COMMITTEE, ETC., AND PLANNING DIRECTOR REVER STATED THAT THEY WILL USE ALL PROCEDURES THEY PRESENTLY USE AND WILL MAKE USE OF THE TECHNICAL ADVISORY COM- MITTEE WHEN NECESSARY. COMMISSIONER LYONS SUGGESTED THAT THE ADDENDUM BE WORDED /I THE PLANNING DEPARTMENT WITH THE AID OF COMPETENT TECHNICAL ADVICE AS REQUIREDi" BUT COMMISSIONER SIEBERT FELT IT SHOULD BE LEFT AS IT IS FOR THE RESOLUTION, WHICH HE ASSUMED WILL BE RESCINDED WHEN THE EMERGENCY ORDINANCE IS ADOPTED. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER DEESON, TO ADOPT RESOLUTION 79-73A ESTABLISHING SITE PLAN DRAINAGE CRITERIA. VICE CHAIRMAN LOY NOTED THAT THIS SETS FORTH PROCEDURE WE INTEND TO FOLLOW, BUT ACTUALLY THE MORATORIUM DOES NOT END UNTIL SEPTEMBER 3RD, AND THEN WE WILL MOVE RIGHT BEHIND THIS AND ADOPT AN ORDINANCE. PLANNING DIRECTOR REVER FELT THAT WITH THE RESOLUTION, THE PLANNING DEPARTMENT CAN BEGIN TO WORK WITH PARTICULAR PROJECTS TO GET THEM DOWN THE ROAD, AND THEN'WHEN THIS BECOMES PART OF THE ORDI- NANCE, THEY CAN MOVE FURTHER, THE VICE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND RESOLUTION 79-73A WAS ADOPTED UNANIMOUSLY. SAID RESOLUTION WILL BE MADE A PART OF THE MINUTES WHEN AVAILABLE. 15 AUG 2 21979 soak 41 FAG E384 AUG 2 21979 moK 41 PA-Ut 385 INTERGOVERNMENTAL COORDINATOR THOMAS DISCUSSED WITH THE BOARD A REQUEST MADE BY GERALD BECHTOLD TO PURCHASE COUNTY -OWNED PROPERTY, BEING A ONE ACRE LOT SOUTH OF OSLO ROAD ON OLD DIXIE (30-33-40-00-3000-0140). MR. THOMAS STATED THAT THIS PROPERTY IS LOCATED ABOUT 1,000 YARDS SOUTH OF OSLO BETWEEN OLD DIXIE AND THE RAILROAD AND IS ZONED INDUSTRIAL. IT WAS CALLED THE "OLD SCHOOL" PROPERTY AND WAS DEEDED TO THE COUNTY BY THE SCHOOL BOARD WHEN THEY ABANDONED IT. HE NOTED THAT AT ONE TIME THE BOARD DE- CLINED TO SELL IT BECAUSE IT WAS CONSIDERED AS A POSSIBLE LOCATION FOR A FIRE STATION OR FOR THE DOT. CIRCUMSTANCES ARE NOW A LITTLE DIFFERENT, AND THE MAN MAKING THE APPLICATION IS THE ADJOINING PROPERTY OWNER. HE IS PUTTING IN WAREHOUSES AND WOULD LIKE TO EN- LARGE HIS PROPERTY. COMMISSIONER SIEBERT NOTED THAT THIS PROPERTY IS NEAR THE SAND RIDGE AND COULD BE A POSSIBLE WELL SITE, AND COMMISSIONER LYONS FELT WE HAVE A LOT OF THINGS IN THE MILL THAT INVOLVE THIS AREA, IN FURTHER DISCUSSION, THE BOARD FELT WE SHOULD HOLD ON TO THIS PROPERTY FOR A WHILE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY INSTRUCTED THAT THE ABOVE DESCRIBED PROPERTY BE REMOVED FROM THE LIST OF AVAILABLE COUNTY -OWNED PROP- ERTIES. VICE CHAIRMAN Loy STATED THAT THE BOARD WOULD NOW CONSIDER THE REQUEST BY CHAPPELL ENTERPRISES FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR AMBULANCE SERVICE, WHICH MATTER WAS CONTINUED FROM THE MEETING OF AUGUST 8, 1979. SHE ASKED COMMIS- SIONER LYONS TO REPORT ON THE RESEARCH HE HAS DONE IN THIS REGARD. COMMISSIONER LYONS STATED THAT HE HAS REACHED THE CONCLUSION, AFTER DISCUSSING THIS WITH VARIOUS AGENCIES, THAT THERE REALLY ARENIT SUFFICIENT CALLS TO JUSTIFY TWO NON -EMERGENCY SERVICES IN THE COUNTY. HE HAS BASED THIS CONCLUSION ON THE TOTAL NUMBER OF CALLS, AND ALSO THE FACT THAT THERE REALLY ARE NO ADVERSE COMMENTS ABOUT THE SERVICE BEING GIVEN BY C & ,J AMBULANCE SERVICE. HE FELT THERE HAS BEEN SOME CONFUSION BY THE SEBASTIAN HOSPITAL AND THE DOCTORS CLINIC AS TO THE DISTINCTION BETWEEN EMERGENCY AND NON- EMERGENCY SERVICE RESULTING FROM THE FACT THAT A VEHICLE IS NOT IMMEDIATELY AVAILABLE FOR NON -EMERGENCY SERVICE. COMMISSIONER LYONS POINTED OUT THAT EVEN IF WE ADDED ANOTHER SERVICE, THERE IS NO GUARANTY THAT IMMEDIATE SERVICE WILL BE AVAILABLE BECAUSE YOU CAN'T KEEP AN AMBULANCE WAITING AROUND ALL THE TIME.- HE RECOM- MENDED THAT THE BOARD NOT APPROVE THE APPLICATION OF CHAPPELL EN- TERPRISES AT THIS TIME. IF AT A LATER DATE IT IS FOUND THAT THE NON -EMERGENCY SERVICE IS INADEQUATE OR THAT C & J IS NOT GIVING PROPER SERVICE, HE FELT THEN WE CAN CAST AROUND FOR ADDITIONAL NO'N-EMERGENCY SERVICE IN THE COUNTY, COMMISSIONER DEESON STATED THAT HE FELT MUCH THE SAME WAY SINCE HE HAD MADE SOME PHONE CALLS�AND APPARENTLY THOSE IN THE NORTH COUNTY DID NOT HAVE ANY PARTICULAR COMPLAINTS ABOUT THE PRESENT SERVICE OR THE AVAILABILITY. HE DID NOT BELIEVE THERE IS ENOUGH BUSINESS FOR TWO NON -EMERGENCY SERVICES AND STATED THAT HE WOULD HATE TO SEE THE COUNTY LOSE THEM BOTH AND HAVE TO GET IN THE AMBULANCE BUSINESS WHICH TS VERY'EXPENSIVE. COMMISSIOER SIEBERT ASKED MRS. CORRELL OF C & J AMBULANCE SERVICE HOW MANY CALLS THEY MAKE TO SEBASTIAN, AND SHE STATED THAT THEY HAD MADE 45 CALLS IN A YEAR TO THAT AREA. COMMISSIONER SIEBERT NOTED THAT THIS IS ACTUALLY LESS THAN ONE A WEEK, AND COMMISSIONER LYONS FELT IF THIS WERE SPLIT BE- TWEEN TWO SERVICES, NEITHER ONE COULD MAKE OUT. MR. CHAPPELL OF CHAPPELL ENTERPRISES TOOK THE FLOOR AND REFERRED TO LETTERS FROM THE SEBASTIAN RIVER MEDICAL CENTER, INDIAN RIVER MEDTRONICS, AND THE SEBASTIAN VOLUNTEER FIRE DEPARTMENT AND AMBULANCE SQUAD, CITING A NEED FOR ADDITIONAL SERVICE. HE COMMENTED THAT THERE IS NO ADVERTISEMENT IN THE YELLOW PAGES FOR THE PRESENT NON -EMERGENCY AMBULANCE SERVICE AND FELT YOU HAVE TO GENERATE BUSINESS. HE NOTED THAT HE IS LOCATED IN BREVARD COUNTY; HAS AN AD IN THE PHONE BOOKS THERE; AND IS BEING CALLED LONG DISTANCE AND ASKED FOR SERVICE. MR. CHAPPELL FELT THERE IS ALWAYS ROOM FOR GOOD COMPETITION. HE COMMENTED THAT AT THE PREVIOUS MEETING MRS. CORRELL STATED THAT SHE WOULDNIT LOSE BUT POSSIBLY TWO CALLS A WEEK, WHICH WOULD NOT BE THAT MUCH FINANCIALLY. AUG 2 21979 17 BOOK 1 FAut 386 r AUG 2 21979 Boy 41 nu387 COMMISSIONER-LOY FELT THE AREA HAS GROWN, BUT SHE DID NOT WANT TO START AMBULANCE CHASING IN THE COUNTY AND DID NOT FEEL THAT MR. CHAPPELL HAD PRESENTED ANYTHING CONCRETE AS TO THE REAL NEED FOR ADDITIONAL SERVICES AT THIS TIME. MR. CHAPPELL REFERRED AGAIN TO THE LETTERS WRITTEN BY THE VARIOUS AGENCIES. COMMISSIONER LYONS STATED THAT HE HAS MET WITH THE CHIEF OF THE VOLUNTEERS AND DOESN'T THINK THEY KNOW OF ANY SITUATION WHERE THE NON -EMERGENCY SERVICE ISN'T BEING COVERED IF THE PROPER SCHEDUL- ING IS PUT INTO IT. HE THEN DISCUSSED THE FACT THAT C & J AMBULANCE SERVICE DOES NOT ADVERTISE IN THE YELLOW PAGES BECAUSE THEY GET EMERGENCY CALLS AND BELIEVE THEY DELAY THE PEOPLE WHO CALL THEM. HE SUGGESTED THAT C & J ADVERTISE AND GIVE ANOTHER NUMBER IN THE AD FOR EMERGENCY SERVICE SINCE WE MAY BE MISSING A BIT BY NOT LETTING THE PEOPLE KNOW THAT SUCH A SERVICE EXISTS IN THIS COUNTY. HE DID NOT SEE ANY EVIDENCE THAT THE ADDITIONAL SERVICE IS NEEDED. COMMISSIONER DEESON STATED THERE IF THERE WAS A NEED, HE WOULD SUPPORT IT, BUT HE DID NOT BELIEVE THE NEED HAS BEEN JUSTIFIED BY CONCRETE FACTS. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER DEESON TO DENY THE REQUEST OF CHAPPELL ENTERPRISES, INC., FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. DISCUSSION FOLLOWED ON THE CONFUSION THAT SEEMS TO EXIST REGARDING EMERGENCY AND NON -EMERGENCY SERVICE. COMMISSIONER SIEBERT STATED THAT HE WOULD SUPPORT THE MOTION FOR THE TIME BEING, ALTHOUGH HE DID NOT NECESSARILY FEEL IT IS SO TERRIBLE TO HAVE COMPETITION. HE DID FEEL THAT WE MAY NOT BE GETTING AN ACCURATE PICTURE OF THE NEED IF THE SERVICE IS NOT LISTED IN THE TELEPHONE BOOK AND PEOPLE DO NOT KNOW THAT IT IS AVAILABLE. MRS. CORRELL STATED THAT MOST OF THEIR BUSINESS IS DONE WITH THE LOCAL HOSPITAL FACILITIES, AND SHE CALLS THEM ONCE A DAY TO FIND OUT WHAT THEY HAVE SCHEDULED FOR THAT DAY. SHE DID NOT BE- LIEVE THERE IS ENOUGH BUSINESS FOR TWO AMBULANCE SERVICES. SHE IIEJg r NOTED THAT EMERGENCIES ARE A DIFFERENT THING ENTIRELY, AND POINTED OUT THAT THE AMBULANCE BUSINESS IS A VERY EXPENSIVE BUSINESS. MRS. CORRELL AGREED THAT THEY WOULD ADVERTISE WITH TWO NUMBERS AS SUG- GESTED BY COMMISSIONER LYONS, IF DESIRED. THE BOARD FELT IT WAS DESIRABLE. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. PLANNER DAVID MARSH CAME BEFORE THE BOARD IN REGARD TO ABANDONMENT OF TROPICAL AVENUE FROM -POINSETTIA BLVD, TO S.R. 510. HE APOLOGIZED BECAUSE THERE HAD BEEN A MISUNDERSTANDING AND STATED THAT WHEN THEY GOT THE REQUEST, IT WAS UNCLEAR EXACTLY WHAT PARCEL WAS REQUESTED TO BE ABANDONED. ORIGINALLY THEY LOOKED AT THE SOUTHERN PORTION JUST TO THE SOUTH OF 510 AND RECOMMENDED APPROVAL. AT A LATER DATE, IT WAS POINTED OUT THAT THIS WAS MEANT TO BE FOR THE NORTHERN PARCEL. THERE WAS NO LEGAL, AND THAT IS WHERE THE CONFUSION AROSE. INTERGOVERNMENTAL COORDINATOR THOMAS STATED THAT THIS CON- CERNS A SUBDIVISION ON A ROAD, AND THERE IS NO LEGAL PER SE. A MAP WAS SUPPLIED, BUT APPARENTLY THERE WAS A BREAKDOWN IN COMMUNICATIONS. MR. MARSH CONTINUED THAT AFTER THEY DETERMINED THAT IT WAS THE NORTHERN PORTION THAT WAS TO BE ABANDONED, THEY WENT OUT AND TOOK ANOTHER LOOK. THE AREA IS A SMALL TRIANGLE ABUTTING S.R. 510. IT IS AN INTERSECTION WHICH LEADS TO BOTH A NORTH -SOUTH THOROUGHFARE AND AN EAST -WEST THOROUGHFARE, BASED ON THEIR REAPPRAISAL, THEY WOULD RECOMMEND AGAINST ABANDONMENT SINCE BOTH THESE ROADS ARE FAIRLY HEAVILY TRAVELED. MR. MARSH FELT IT WOULD BE NECESSARY TO RETAIN THIS PIECE OF PROPERTY TO COME UP WITH A 900 INTERSECTION. INTERGOVERNMENTAL COORDINATOR THOMAS DISPUTED THE STATEMENTS MADE BY MR. MARSH AND DISCUSSION CONTINUED ABOUT THE EXACT LOCATION AND SPECIFIC FACTS CONCERNING THIS PROPERTY. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY TABLED THIS MATTER UNTIL FURTHER RE- SEARCH COULD BE DONE. PLANNER DAVID MARSH DISCUSSED WITH THE BOARD A RELEASE OF EASEMENTS IN KINGS HIGHLANDS SUBDIVISION REQUESTED BY .JERRY MORGAN. • AUGs . `�1 611 '' I AUG 2 21979 soox 41 NICE 389 HE STATED THAT THIS PROPERTY IS LOCATED JUST EAST OF KINGS HIGHWAY AND NORTH OF NORTH GIFFORD ROAD AT THE INTERSECTION OF PRINCE AVENUE AND PRINCESS STREET. THE APPLICANT, WHO OWNS LOTS 9 AND IO, WISHES TO PLACE ONE RESIDENCE ON THE TWO LOTS, AND, THEREFORE, WISHES TO HAVE THE SIDE LOT LINE EASEMENTS BETWEEN LOTS 9 AND Io RELEASED. MR. MARSH RECOMMENDED APPROVAL BASED ON A STIPULATION THAT THE SWALES WOULD BE CULVERTED OR THE FILL REMOVED PRIOR TO ISSUANCE OF CERTIFI- CATE OF OCCUPANCY SINCE THERE ARE NO DRAINAGE DITCHES. ADMINISTRATOR JENNINGS FELT IT WOULD BE PREFERABLE TO HAVE THE FILL REMOVED AS THE CULVERTING MIGHT NOT BE DONE SUITABLY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LYONGS, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 79-74 APPROVING RELEASE OF THE 3 FOOT SIDE LOT LINE EASEMENT ON THE SOUTH LOT LINE OF LOT To AND ON THE NORTH SIDE LOT LINE OF LOT 91 BLOCK 91 KING'S HIGHLANDS, TO JERRY MORGAN AND DORETHA MORGAN, SUBJECT TO REMOVAL OF FILL FROM THE SWALES ON THE PROPERTY LINE ABUTTING PRINCE AVENUE ON THE EAST AND PRINCESS STREET ON THE SOUTH; DOCUMENTS TO BE PRE- PARED AT THE EXPENSE OF THE APPLICANT. PLANNER MARSH STATED THAT HE WOULD CHECK TO BE SURE THIS WAS DONE. ® Imo RESOLUTION NO. 79-74 WHEREAS, there is a drainage and utility easement on each side of the side lot lines of King's Highlands, as filed in Plat Book 4, Page 90, Indian River County, Florida, records; and WHEREAS, Jerry Morgan and Doretha Morgan, his wife, are the owners of Lots 9 and 10, Block 9, King's Highlands, hereinbefore described; and WHEREAS, said property has been recently purchased for the erection of a residence on said lots, which said building will lie over the side lot line easement on the South side of Lot 10, Block 9, and the North side of Lot 9, Block 9; and WHEREAS, the said Owner cannot erect building unless and until such side lot line easements are released by the County Commission of Indian River County, Florida; NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, as follows: 1. The Board does hereby release the 3 foot side lot line easement over the South 3 feet of Lot 10, Block 9, and the North 3 feet of Lot 9, Block 9 of said King's Highlands, but it is specifically understood that the side lot line easement on the North side lot line of Lot 10 and South side of Lot 9 and the rear lot line easement will remain in full force and effect. 2. That the Chairman of the Board of County Commissioners be authorized to sign a Release of Easement as above set out, and to have said Release recorded in the public records of Indian River County, Florida. DATED this 22nd day of Signed, sealed and delivered in the presence of: August , 1979. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By 0 )�� 4 William C. Wodt e, T -r, Chairman ATTEST: FREDA WRIGHT CLERK OF THE CIRCUIT COURT AUG 2 21979 5w 41 PAGE 390 V By a- AUG 2 21979 5w 41 PAGE 390 AUG 2 21979 BooK 41 PACE 91 RELEASE OF EASEMENT TfITS RELEASE OF EASEMENT, made and executed this 22nd day of August , 1979, between INDIAN RIVER COUNTY, FLORIDA, party of the first part, and J%.RRY MORGAN and DORETIIA MORGAN, his wife, party of the second part; WITNESSETH: For and in consideration of the SUM .OF TEN AND NO/100 ($10.00) DOLLARS and other good and valuable considerations, in hand paid by the party of the second part, the receipt whereof being hereby ac- knowledged, the said party of the first part does herewith release, discharge and quit claim unto the said parties of the second part, their heirs, legal representatives, and assigns, forever, the easements in favor of the party of the first part on real property situated in Indian River County, Florida, which said easements are as follows: The South 3 feet of Lot 10; The North 3 feet of Lot 9; All on Block 9, King's Highlands according to the plat thereof, as recorded in Plat Book 4, Page 90 of the public records of Indian River County, Florida. IN WITNESS WHEREOF, the party of the first part, by virtue of the authority vested by law in the Board of County Commissioners, and for and on behalf of the County of Indian River, State of Florida, have caused these presents to be executed in its name by its Chairman and its seal to be affixed, attested by its Clerk of the Circuit Court. Signed, sealed and delivered in the presence of: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By1 William C. Wodtke, Jrp!C'Iiairman ATTEST: FREDA WRIGHT, Clerk of the Circuit Court s o � VICE CHAIRMAN LAY REPORTED THAT THE STATE FUNDING CONTRACT FOR THE MEDICAL EXAMINERS' PROGRAM HAD BEEN RECEIVED, AND SHE FELT IT SHOULD BE REVIEWED BEFORE BEING APPROVED. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY INSTRUCTED THAT THE STATE FUNDING CONTRACT FOR THE 1979-1980 MEDICAL EXAMINERS' PROGRAM BE REVIEWED BY THE ATTORNEY AND DR. SCHOFIELD AND PLACED ON THE AGENDA OF THE SEPTEMBER 5TH MEETING. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY GRANTED RETRO-ACTI"VE APPROVAL FOR OUT - OF -COUNTY TRAVEL FOR JERRY COOK, JR., ASSISTANT COUNTY VETERANS SERVICE OFFICER, TO ATTEND THE STATE OF FLORIDA COUNTY SERVICE OFFICERS TRAINING COURSE HELD AT ST. PETERSBURG JULY 23-31, 1979, VICE CHAIRMAN LOY ANNOUNCED THAT ITEM 12, PRESENTATION OF RESOLUTION HONORING KATHERYN BEINDORF, HAS BEEN RESCHEDULED FOR THE SEPTEMBER 5TH MEETING. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY TABLED DISCUSSION OF ITEM 13, RECOMMENDA- TION TO THE GOVERNOR FOR APPOINTMENTS TO THE HOUSING AUTHORITY UNTIL THE NEXT MEETING. ASSISTANT ADMINISTRATOR NEIL NELSON REPORTED ON THE RECOM- MENDATIONS OF THE BID COMMITTEE AS FOLLOWS; 23 AUG 2 21979 BOOK 41 PAGE 39 AUG 2 21979 41 m,,E393 August 16, 1979 From: Chairman, Bid Committee To: Board of County Commissioners, Indian River County Subj: Bid Opening and Recording 1. A Bid opening and recording was held at 10:00 AM, August 9, 1979 in Room 115, 2145 14th Ave., Vero Beach, Florida. This was a public meeting and was so advertised on July 25, 1979 in the Vero Beach Press' Journal. 2. The following were present: Mr. R. Donlon, Acting Chairman Mr. J. Flint, Member Mr. J. Flynn, Director of Materials Mrs. R. Richey, Supr. of Elections Mr. R. Martin Mr. J. Williams 3. The following Bids were opened and recorded: IRC -14 -Flat Bed Dump Truck IRC -15 -Wheel Balancer IRC -16 -Rotary Cutter (Bush Hog) IRC-I7-ITydraulic Tractor Sweeper IRC -18 -Voting Machines A. Bid 3r` IRC -14 (Flat Bed Dump Truck), The Bid Committee recommends this bid be awarded to the only bidder (Velde Ford, Vero Beach) in the amount of $ 14,033.93 5. Bid 0 IRC -15 (14heel Balancer), The Bid Committee recommends that this bid be rejected as being to expensive. This Balancer should cost in the price range of $ 1.500.00 to $ 1800.00. The only bidder (Pat's Auto Parts, Vero Beach bid a price of $ 2882.00. 6. Bid # IRC -16 (Rotary Cutter), The Bid Committee recommends this Bid be awarded to the John D. Williams Co., Tallahassee, Florida in the amount $ 11,355.00. The Bid Committee wishes to bring to the Boards attention of a letter received from the Terrain king Corp of Sequin, Texas regarding this bid. This company stated that they produce a Rotary Cutter far superior to the Rotary Cutter that we specified, but they were unable to meet our specifications. We specified the "Motrim Cutter" or EQUAL, If the Terrain King Cutter was in fact superior as stated then they could have bid their cutter as being equal or better. The specifications used for this bid were the specifications used by the State of Florida Purchasing Division. 7. Bid # IRC -17 (Hydraulic Tractor Sweeper), The Bid Committee re- commends this bid be awarded to the low bidder (DeBra Enterprisers, Inc Hollywood, Florida in the amount of $ 1950.00. 8. Bid ,r IRC -18 (Voting Machines), The Bid Committee recommends this bid be awarded to the low bidder (Reliable Election Services, Mt. holly, N.J.) in the amount of $ 650.00 each for 15 machines for a total of $ 9750.00. 11\,ELSON NEIL Chairman 24 ® a � MR. NELSON STATED THAT HE PERSONALLY WAS NOT PRESENT AT THE BID OPENINGS; PERSONNEL DIRECTOR DONLON WAS ACTING CHAIRMAN. THE BID OPENING WAS HELD IN ACCORDANCE WITH ESTABLISHED PROCEDURES AND WAS PROPERLY ADVERTISED. MR. NELSON NOTED THAT IN REGARD TO THE FLAT BED DUMP TRUCK, THEY SENT IT OUT TO A NUMBER OF COMPANIES, BUT ONLY RECIEVED ONE BID; THE SPECIFICATIONS CALLED FOR A FORD 700 OR EQUAL SO OTHERS COULD HAVE MET THE BID. IN REGARD TO THE WHEEL BALANCER, THEY FELT POSSIBLY THE DO NOT NEED ONE THIS SIZE AND RECOM- MEND THAT THE BID, WHICH WAS VERY HIGH, NOT BE ACCEPTED, INSTEAD OF REBIDDING, THEY WILL JUST WAIT TO SEE HOW MUCH NEED WE HAVE FOR SUCH AN ITEM. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY ACCEPTED THE RECOMMENDATIONS OF THE BID COMMITTEE AS SET OUT IN THEIR MEMO OF AUGUST 16, 1979. ASSISTANT ADMINISTRATOR NELSON REQUESTED THAT AN EMERGENCY ITEM BE ADDED TO THE AGENDA IN REGARD TO THE SANITARY LANDFILL. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY ADDED TO TODAY'S AGENDA THE EMERGENCY ITEM REQUESTED BY THE ASSISTANT ADMINISTRATOR, MR. NELSON INFORMED THE BOARD THAT THEY ARE NOW IN THE PROCESS OF TRYING TO DETERMINE THE OPTIMUM LOCATION FOR THE AIR CURTAIN DE- STRUCTOR. IN BUFORD, SOUTH CAROLINA, THERE IS AN AIR CURTAIN DESTRUC- TOR OF SIMILAR MAKE AND MANUFACTURE IN OPERATION, AND MR. NELSON FELT IT WOULD BE MOST ADVANTAGEOUS TO SEND OUR LANDFILL SUPERVISOR TO BUFORD TO OBSERVE ITS OPERATION AND LOCATION. HE CONTINUED THAT IT HAS BEEN SUGGESTED THAT ABOUT 5 ACRES SHOULD BE USED FOR THE AIR CUR- TAIN DESTRUCTOR, BUT THE ONE IN BUFORD ONLY COVERS ONE ACRE, AND IT IS IN A LARGER COUNTY THAN INDIAN RIVER COUNTY. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR LANDFILL SUPERVISOR REX HALEY TO GO TO BUFORD, S.C., TO OBSERVE THE OPERATION AND LOCATION OF THEIR AIR CURTAIN DESTRUCTOR, 25 AUG 2 21979 noK 41 PACE394 AUG 2 21979 Boar . 41 PAE3, 95 ATTORNEY COLLINS REPORTED THAT THE CLOSING ON PHASE I OF THE GIFFORD BOND ISSUE IS SCHEDULED FOR AUGUST 30TH. HE NOTED THAT THE BOARD HAD PREVIOUSLY AUTHORIZED THE EXECUTION BY EACH OF THE BOARD MEMBERS OF A CERTIFICATE AS TO PUBLIC MEETINGS. THIS WAS DONE BACK IN APRIL, AND HE FELT THIS PARTICULAR DOCUMENT IS.SUCH THAT IT NEEDS TO BE UPDATED. ATTORNEY COLLINS REQUESTED THAT EACH OF THE COMMISSIONERS SIGN THIS DOCUMENT, WHICH BASICALLY STATES THAT ALL THE DECISIONS THAT HAVE BEEN MADE REGARDING THIS MATTER HAVE BEEN MADE IN OPEN MEETING ACCORDING TO THE SUNSHINE LAWS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE SIGNATURE OF EACH BOARD MEMBER TO THE CERTIFICATE OF PUBLIC MEETINGS AS TO PHASE I OF THE GIFFORD BOND ISSUE. ATTORNEY COLLINS NEXT ASKED THE BOARD FOR SOME DIRECTION. HE NOTED TH.'.T THE BOARD HAS RECEIVED A REQUEST FROM THE OWNERS OF ORANGE TERRACE FOR A COMMITMENT FOR SEWER FROM THE 6TH AVENUE LINE FOR A PERIOD OF ONE YEAR. THEY ARE REQUESTING THE COMMITMENT FOR THE PURPOSE OF INSURINGTHAT THEIR INVESTMENT IN A WATER SYSTEM FOR THE SUBDIVISION WILL BE PROTECTED. THEY ARE CONCERNED ABOUT SPENDING $50,000 TO MEET THE COUNTY'S REQUIREMENTS FOR A CENTRAL WATER SUPPLY AND THEN HAVING A NUMBER OF OTHER BIG SUBDIVISIONS COME IN AND EITHER IN WHOLE OR IN PART PREVENT THE INDIVIDUAL LOTS FROM GET— TING SEWER SERVICE IN THE EVENT SOMEONE TOOK THE REMAINING BALANCE OF THE ALLOCATION. ATTORNEY COLLINS NOTED THAT THIS LETTER CAME TO THE ADMINISTRATOR IS OFFICE, AND HE REQUESTED THE ATTORNEY TO PUT IT ON THE AGENDA. ATTORNEY COLLINS CONTINUED THAT HE NEEDS DIRECTION FROM THE BOARD AND WOULD LIKE TO AGENDA THIS REQUEST FOR THE NEXT MEETING. HE NOTED THAT BASICALLY IT HAS BEEN THE POINT OF VIEW THAT IT IS FIRST COME, FIRST SERVED, AND THESE PEOPLE ARE ASKING FOR A MODIFICA— TION OF THAT POLICY. VICE CHAIRMAN LOY FELT IT SHOULD BE PUT ON THE AGENDA. SHE STATED THAT SHE WOULD LIKE TO HAVE SOME INFORMATION AS TO WHERE THEY STAND WITH SITE PLANS. ATTORNEY COLLINS FELT THEY HAVE AT LEAST ONE APPROVED SITE PLAN BEYOND THE ONE THAT ALREADY IS IMPROVED. HE NOTED THAT EACH LOT IS ONE BUILDING THAT REQUIRES A SEPARATE SITE PLAN. 26= i COMMISSIONER SIEBERT COMMENTED THAT HE DID NOT FEEL ANY OF THE BOARD MEMBERS LIKED THE WAY THIS PROJECT WAS HANDLED TO START WITH, BUT SOME PEOPLE HAVE INVESTED HARD EARNED MONEY AND HE COULD UNDERSTAND NOT WANTING TO INVEST $50,000 AND POSSIBLY NOT HAVE IT DO THEM ANY GOOD AT ALL. COMMISSIONER LYONS STATED THAT HE WOULD LIKE TO SEE ALL THE FACTS AND WAS WILLING TO HAVE THE MATTER PUT ON THE AGENDA. THE BOARD AGREED. THE HOUR OF 11:00 O'CLOCK P.I. HAVING PASSED, THE DEPUTY CLERK READY THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VER® BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being /_`� , . in the matter of 0 v Q=2 _in the Court, was pub- ( 1 r lished in said newspaper in the issues of � Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. // G Sworn to and subscribed before me this 14day of - A.D.I zz 7 ., /1 n n n� (SEAL) (Clerk of the Circuit Court, �_ounry, rionaat i NOTICE NOTICE IS HEREBY GIVEN that the Board' of County Commissioners of Indian River, County, Florida, will hold a public hearing on August 22, 1979, at 11:00 o'clock A.M. in the County Commission Chambers in the Indian River County Courthouse to consider the adoption of: An Ordinance prohibiting the use of alcoholic beverages in all County owned parks, establishing rules and regulations or a method for establishing rules and regulations affecting County owned parks, providing for penalties and providing for an effective date. Board of County Commissioners of Indian River County, Florida By- -s-William C. Wodtke Jr., Chairman July 18,1979. ✓ AUG 2 21979 27 41 PAGE39D AUG 2 2 1979 BOOK 41 FACE 397 ATTORNEY COLLINS EXPLAINED THAT OUR PRESENT PARK ORDINANCE PROVIDES THAT THE COMMISSIONERS CAN ESTABLISH RULES OR REGULATIONS FOR EACH PARK OR ALL PARKS. THE COUNTY HAS DONE THIS WITH REFERENCE TO HOBART PARK, BUT APPARENTLY NOT FOR THE OTHER COUNTY PARKS. A QUESTION AROSE ABOUT THE SPOIL ISLANDS THAT ARE UNDER LEASE WITH THE STATE AND OTHER LEASED PARKS, AND ENFORCEMENT QUESTIONS WERE RAISED. THE PROPOSED ORDINANCE APPLIES ONLY TO COUNTY -OWNED PARKS, BUT DOES APPLY UNIFORMLY THROUGHOUT THE COUNTY. HE NOTED THAT WHILE PREPARING THE ORDINANCE, THE ISSUE OF NARCOTIC DRUGS CAME TO MIND. COMMISSIONER SIEBERT.NOTED THAT THIS IS A FELONY ANYWAY, AND DISCUSSION ENSUED IN REGARD TO THE FACT THAT USE OF ALCOHOL IS LEGAL WHILE POSSESSION OF NARCOTICS IS NOT. ATTORNEY COLLINS AGREED THAT THERE IS A DIFFERENCE, BUT NOTED THAT THERE IS A TREND IN THE LEGISLATURE THAT THIS SHOULD BE DEFINED AND FELT POSSIBLY THE BOARD MIGHT WANT TO GIVE SOME ATTENTION TO THIS LATER IF THE LAWS SHOULD CHANGE. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. ROBERT STANLEY, RESIDENT OF VERO BEACH, SAID THAT HE UNDER- STOOD THAT THIS ORDINANCE STEMS FROM PROBLEMS THAT HAVE BEEN EXPERI- ENCED AT WABASSO BEACH, BUT THE VICE CHAIRMAN STATED THAT IS NOT CORRECT. MR. STANLEY CONTINUED THAT HE IS A RESPECTABLE CITIZEN AND LIKES TO GO TO THE BEACH DURING THE DAY. OCCASIONALLY HE LIKES TO HAVE A COUPLE OF BEERS AT THE BEACH AND WOULD LIKE TO CONTINUE TO HAVE THE RIGHT TO DO SO. HE FELT THAT MOST OF THE PROBLEMS AROSE AT NIGHTTIME AND SUGGESTED THAT THE USE OF ALCOHOL BE OUTLAWED FROM SUNDOWN TO SUN -UP. HE NOTED THAT HE OFTEN GOES TO ROUND ISLAND PARK AND HAS NOT SEEN ANY PROBLEM THERE WITH ALCOHOL. ATTORNEY COLLINS POINTED OUT THAT IF HE WALKED EITHER NORTH OR SOUTH ON THE BEACH AWAY FROM THE PARK, HE WOULD HAVE NO PROBLEM. MR. STANLEY REPLIED THAT YOU CANT TAKE BEER TO THE CITY BEACHES AND THAT IS WHY HE WENT TO THE COUNTY PARK, AND HE WOULD LIKE TO HAVE A FEW RIGHTS. COMMISSIONER SIEBERT COMMENTED THAT MR. STANLEY WAS RIGHT ABOUT WABASSO BEACH TO A CERTAIN EXTENT, THIS PROPOSED ORDINANCE WAS NOT BROUGHT ABOUT ENTIRELY BY WABASSO BEACH, BUT IT WAS ONE EXAMPLE. HE NOTED THAT WE ARE NOT REALLY AFTER SOMEONE WHO TAKES A BEER TO THE BEACH, BUT HOW DO YOU STOP THE 40 WHO GET TOGETHER AND TERRORIZE EVERYBODY, AND THIS GOES ON DAY OR NIGHT. MR. STANLEY FELT POSSIBLY THIS COULD BE CONTROLLED UNDER THE LAW RELATING TO PUBLIC NUISANCE, BUT ADMITTED IT MIGHT BE MORE DIFFICULT TO ENFORCE. NO ONE FURTHER WISHED TO BE HEARD, ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER DEESON, TO ADOPT ORDINANCE 79-+22 PROHIBITING ALCOHOLIC BEVER- AGES IN COUNTY OWNED PARKS. COMMISSIONER LYONS STATED THAT HE SYMPATHIZES WITH MR. STANLEY'S POSITION EVEN THOUGH HE HIMSELF IS A NON-DRINKER. HE CON- TINUED THAT HIS PROBLEM WITH THE ORDINANCE IS THAT THE POLICE WILL PICK UP SOME PEOPLE AND NOT OTHERS, AND THIS KIND OF A BROAD PROHI- BITION ALWAYS BOTHERS HIM. HE NOTED THAT WE HAVE A CARETAKER WHO LIVES AT HOBART PARK AND FELT THAT THE CARETAKER COULD HAVE NO ALCO- HOLIC BEVERAGES AT HIS PLACE OF RESIDENCE. COMMISSIONER LOY DID NOT FEEL THAT WE CAN HAVE JURISDICTION OVER SOMEONE IS HOME. COMMISSIONER SIEBERT POINTED OUT THAT THIS ORDINANCE IS AIMED AT STOPPING TROUBLE WHEN TROUBLE ARISES. COMMISSIONER LYONS STATED THAT IT BOTHERS HIM THAT EVERYONE WITH POLICE POWERS IS ALSO THE JUDGE AND JURY, AND THE BOARD AGREED THAT IT IS DIFFICULT, BUT THERE IS ALWAYS THE EXCEPTION WHERE YOU ARE FORCED TO DO SOMETHING LIKE THIS. THE VICE CHAIRMAN CALLED FOR THE QUESTIONt AND CARRIED UNANIMOUSLY. 29 IT WAS VOTED ON BOOK 1 FACE 398 AUG 2 21979 Boos 41 PAGES INDIAN RIVER COUNTY ORDINANCE 79-22 AN AMENDMENT TO INDIAN RIVER COUNTY ORDINANCE 77-32 PROVIDING FOR PROHIBITION OF DRINKING OR POSSESSING ALCOHOLIC BEVERAGES IN COUNTY OWNED PARKS BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That Indian River County Ordinance 77-32 is amended to provide an additional Section, entitled Section 4.5, which Section shall read as follows: Section 4.5. No person in a County owned park shall have brought alcoholic beverages, nor shall any person drink alcoholic beverages at any time in a County owned park, nor shall any person have entered or remain in a County owned park while under the influence of intoxicating liquor. This Ordinance shall take effect August 27, 1979. ASSISTANT ADMINISTRATOR NELSON REVIEWED THE PROPOSED CHANGE FROM A XEROX MACHINE TO AN I.B.M. COPIER MACHINE, HE STATED THAT THE I.B.M. MACHINE DOES EVERYTHING WE DESIRE IT TO DO AND A LOT MORE THAN THE ONE WE ARE PRESENTLY USING. THE MACHINE WE HAVE RIGHT NOW IS COSTING ABOUT $1,400 A MONTH RENT, AND THE I.B.M. WOULD COST $832.96 PER MONTH, INCLUDING THE MAINTENANCE AGREEMENT. THEY, THEREFORE, STRONGLY RECOMMEND THAT THE XEROX 7000 BE REPLACED WITH THE I.B.M. COPIER III; ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE REPLACEMENT OF THE XEROX 7000 MACHINE WITH THE I.B.M. COPIER III. QUESTION AROSE AS TO WHETHER ENGINEER RALPH ENG WOULD BE PRESENT TO MAKE A PRESENTATION IN REGARD TO THE STATUS OF THE SOUTH COUNTY WATER TAXING DISTRICT, AND COMMISSIONER LYONS STATED THAT HE HAD QUESTIONS ABOUT THIS, BUT HE HAD MET WITH THE ENGINEER AND THEY HAVE BEEN ANSWERED. HE DID NOT FEEL ANY FURTHER DISCUSSION IS NEEDED ON THIS MATTER AT THE PRESENT TIME. VICE CHAIRMAN Loy INFORMED THE.BOARD THAT WE NEED TO AUTHOR- IZE THE CHAIRMAN TO INITIAL SOME CHANGES ON THE CONTRACT WITH CONNELL, METCALF & EDDY. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADDED TO TODAY'S AGENDA AN EMERGENCY ITEM IN REGARD TO THE CONTRACT WITH CONNELL, METCALF & EDDY FOR THE CONSOLIDATED DESIGN DEVELOPMENT AND CONSTRUCTION PHASE FOR THE NEW COUNTY ADMINISTRATION BUILDING, THE COURTHOUSE, AND THE ANNEX. ATTORNEY COLLINS NOTED THAT IT ALSO IS NECESSARY TO AUTHORIZE SOMEONE TO BE RESPONSIBLE FOR CHANGE ORDERS. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN, AND IN HIS STEAD THE VICE CHAIRMAN, IN CONJUNCTION WITH THE HOSPITAL REMODELING AND THE CONTRACT WITH CONNELL, METCALF & EDDY AND FUTURE CONTRACTORS ON THE PROJECT, TO SIGN THE GENERAL CONTRACTOR -OWNER CONTRACTS, AND AUTHORIZED THE ADMINISTRATOR OR HIS ASSISTANT TO SIGN CHANGE ORDERS OF $2,500 OR LESS AND CERTIFICATES OF PAYMENT. 31 AUG 2 21979 Boa 41 PAGE 400 AUG 2 21979 coax, 41 PAGE 4 1 COMMISSIONER -LYONS REPORTED THAT THE ASSOCIATION FOR THE PRESERVATION OF FLORIDA'S BEACHES AND SHORES IS HAVING A MEETING IN BAL HARBOUR ON OCTOBER 3-5, 1979, AND SINCE THE INTERGOVERNMENTAL COORDINATOR WILL BE UNABLE TO ATTEND, HE WOULD LIKE TO. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR COM- MISSIONER LYONS AS ABOVE. VICE CHAIRMAN LOY DISCUSSED THE SCHEDULE FOR OUR BUDGETING PROCEDURES AND INFORMED THE BOARD THAT WE ARE GOING TO HAVE TO ADVER- TISE A PUBLIC HEARING IN REGARD TO HOW WE INTEND TO USE OUR FEDERAL REVENUE SHARING FUNDS FOR NEXT YEAR. THE FINANCE OFFICER FIRST MUST HOLD AN ADMINISTRATIVE HEARING TO GET THE PUBLIC INPUT ON THIS MATTER. SHE CONTINUED THAT THERE IS APPROXIMATELY $500,000 THAT NEEDS TO BE BUDGETED; A LOT OF IT IS CARRY-OVER. WE MUST BUDGET WHAT WE ALREADY HAVE PLUS WHAT WE HAVE LEFT OVER FROM PRIOR ENTITLEMENT PERIODS. THIS YEARS ENTITLEMENT IS NOT EARMARKED. SHE ASKED THE FINANCE OFFICER WHAT THE CAPITAL OUTLAY ESTIMATE WAS, MR. BARTON STATED THAT IT WAS AROUND $365,000 PLUS $250,000 ON THE TAX ANTICIPATION NOTE, AND WE STILL HAVE $500,000 TO G0, LEAVING THIS YEAR IS ANTICIPATED REVENUE IN THE RESERVE FOR CONTINGENCY. COMMISSIONER SIEBERT ASKED IF THE MUNICIPAL SERVICE FUND CAN BE FUNDED BY FEDERAL REVENUE SHARING FUNDS. ATTORNEY COLLINS POINTED OUT THAT YOU JUST USE IT AS A NON AD VALOREM SOURCE. FINANCE OFFICER BARTON DISCUSSED STATE REVENUE SHARING FUNDS INSTEAD OF FEDERAL REVENUE SHARING FUNDS AND PROBLEMS WITH DUAL TAXA- TION. HE NOTED THAT FEDERAL REVENUE SHARING IS PARTLY BASED ON POPULA- TION AND IS NOT FOR UNINCORPORATED AREAS ONLY. THE STATE REVENUE SHARING FUNDS ARE 1/3 BASED ON THE UNINCORPORATED AREA OF THE COUNTY. COMMISSIONER SIEBERT NOTED THAT THE CITY OF VERO BEACH GETS FEDERAL REVENUE SHARING, AND INTERGOVERNMENTAL COORDINATOR THOMAS AGREED THAT THEY DO, BUT IT IS FIGURED ON THE TOTAL COUNTY POPULATION - 32 FINANCE OFFICER BARTON POINTED OUT THAT THE DUAL TAXATION REPORT RECOMMENDED SPLITTING STATE REVENUE SHARING NOT FEDERAL. HE CONTINUED THAT YOU HAVE TO APPROPRIATE AND EARMARK FOR SPECIFIC PUR- POSES ALL THE PRIOR YEAR'S CARRY-OVERS FROM PRIOR ENTITLEMENT PERIODS, PLUS ALL INTEREST YOU HAVE ACCUMULATED ON THAT MONEY. YOU CAN LEAVE ANTICIPATED REVENUE IN THE RESERVE FOR CONTINGENCY, BUT EVERYTHING ELSE MUST BE BUDGETED. VICE CHAIRMAN LOT BROUGHT UP THE MATTER OF FURNISHINGS FOR THE NEW COMPLEX AND ASKED IF THEY SHOULD BE INCLUDED IN THE BOND ISSUE. IN GENERAL DISCUSSION, IT WAS NOTED THAT SUCH THINGS AS CAR- PETING AND CHAIRS, ETC., WILL NOT LAST 30 YEARS. IT WAS THE CONSENSUS THAT THESE THINGS SHOULD NOT BE INCLUDED IN THE'BOND ISSUE. THE IN- TERGOVERNMENTAL COORDINATOR POINTED OUT THAT IF THEY WERE, YOU WOULD HAVE TO HAVE A RENEWAL AND REPLACEMENT PROGRAM. COMMISSIONE SIEBERT SUGGESTED THAT POSSIBLY PARK IMPROVEMENT SHOULD BE FUNDED TOTALLY FROM FEDERAL REVENUE SHARING. COMMISSIONER LYONS FELT WE MUST THINK AHEAD ABOUT THE RE- SOURCE RECOVERY PROGRAM. INTERGOVERNMENTAL COORDINATOR THOMAS STATED THAT THEIR ONLY RECOMMENDATION RE FEDERAL REVENUE SHARING IS THAT IT SHOULD NOT GET INVOLVED IN THE GENERAL OPERATING BUDGET FOR THE OPERATION OF THE COUNTY PER SE SINCE THERE IS ALWAYS THE POSSIBILITY THAT CONGRESS COULD CUT THE FUNDS;OFF. VICE CHAIRMAN LOY FELT THIS IS THE PROPER TIME TO SET ASIDE FUNDS IN CASE WE NEED THEM FOR PARK ACQUISITION. SHE ASKED WHERE WE HAD THESE LARGE SUMS BUDGETED LAST YEAR. FINANCE OFFICER BARTON STATED WE HAD $500,000 SET ASIDE FOR WORK THAT WAS BEING DONE FOR THE HOSPITAL COMPLEX - THE CARE AND MAINTENANCE, ETC. VICE CHAIRMAN LOY NOTED WE MUST BE ABLE TO HANDLE ON-GOING EXPENSES AND THEN LISTED THE ROAD & BRIDGE DEPARTMENT - RESOURCE RECOVERY - RECREATION AND PARKS - CAPITAL IMPROVEMENTS - COUNTY DEVELOPMENT (VARIOUS STUDIES) - FURNISHING FOR THE -HOSPITAL COMPLEX - AND POTENTIALLY SOMETHING THAT COULD QUALIFY UNDER THE SHERIFF'S BUDGET BASED ON RECOMMENDATIONS FROM THE CONSULTANT. SHE CONTINUED AUG 2 21979 33 BOOK rl PAGE 4® AUG 2 21979 BOOK 41 PAGE403 THAT SHE WOULD LIKE TO AVOID A BUDGET WORKSHOP MEETING JUST FOR THIS PURPOSE BECAUSE THE FINANCE OFFICER NEEDS THIS INFORMATION IN A HURRY IN ORDER TO BE ABLE TO ADVERTISE THE ADMINISTRATIVE REVIEW AND PRESENT THE PROPOSED BUDGET FOR PUBLIC INPUT. SHE REQUESTED THAT MR. BARTON PUT SOMETHING TOGETHER QUICKLY FOR THE BOARD TO CONSIDER LATER IN THE MEETING. COMMISSIONER LYONS -SUGGESTED THAT BECAUSE OF THE ENERGY CRISIS, IT MIGHT BE WELL TO TAKE A LOOK AT OUR TRAFFIC SIGNALS AS TO UNNECESSARY DELAYS AND MAKE A STUDY IN REGARD TO MAKING OUR SIGNAL SYSTEM MORE RESPONSIVE TO TRAFFIC. VICE CHAIRMAN LOY FELT WE SHOULD GET HELP FROM THE DOT ON SUCH MATTERS, AND COMMISSIONER SIEBERT STATED THAT HE WOULD HATE TO SPEND $50,000 TO SAVE $5,000 WORTH OF GAS. VICE CHAIRMAN LOY ASKED IF THE BOARD FELT WE SHOULD DEVIATE FROM OUR USUAL POLICY OF NOT USING FEDERAL REVENUE SHARING FOR NORMAL DAILY OPERATION. COMMISSIONER SIEBERT DISCUSSED THINGS THAT BENEFIT THE WHOLE COUNTY. HE STATED HE DID NOT MIND GENERAL CATEGORIES, BUT FELT THERE SHOULD BE MORE DISCUSSION BEFORE ACTUALLY PROGRAMMING THIS INTO THE BUDGET. VICE CHAIRMAN LOY POINTED OUT THAT ALL THESE FUNDS HAVE TO BE APPROVED BEFORE THEY ACTUALLY ARE SPENT AND NOTED THAT IT USED TO BE THAT WE ONLY USED THEM FOR POLICE PROTECTION, FIRE PROTECTION AND COUNTY DEVELOPMENT. GENERAL DISCUSSION CONTINUED. THE BOARD OF COUNTY COMMISSIONERS RECESSED AT 12:00 NOON FOR LUNCH AND RECONVENED AT 1:30 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. ARLINE HIRSCHBERG CAME BEFORE THE BOARD REPRESENTING SOUTHERN BELL TELEPHONE CO. TO MAKE A PRESENTATION REGARDING THE SYSTEM THEY PROPOSE TO INSTALL IN THE NEW COUNTY ADMINISTRATION BUILDING. SHE NOTED THAT UNDER THE CURRENT SYSTEM EACH DEPARTMENT HAS THEIR OWN INDIVIDUAL SYSTEM. THEY HAVE A NUMBER OF KEY GROUPS TOTALING 59, OR 165 TELEPHONES. THERE IS NO CENTRALIZED ANSWERING AND NO INTERDEPART- MENTAL COMMUNICATION. WITHOUT A CENTRALIZED SYSTEM, STATE METERING (SUNCOM) CANNOT BE APPLIED FOR. MS. HIRSCHBERG STATED THAT TO WIRE INDIVIDUAL GROUPS INTO A NEW BUILDING WOULD BE A NIGHTMARE. MS. HIRSCHBERG INFORMED THE BOARD THAT THE PROPOSED SYSTEM WOULD HAVE A CENTRALIZED SWITCHBOARD AND WOULD SERVE THE HOSPITAL BUILDING, THE CURRENT COURTHOUSE, THE ANNEX, AND ALSO HAVE EXTENSIONS TO THE COUNTY .SAIL FOR THE PURPOSE OF SUNCOM. THE VARIOUS BUILDINGS WOULD BE CONNECTED AS ONE SYSTEM, MS, HIRSCHBERG POINTED OUT THE BENEFITS OF A CENTRALIZED SYSTEM - BETTER INFORMATION FOR THE PUBLIC - MULTI ELEMENT, MULTI KEY EQUIPMENT -INTERCOM COMMUNICATION BETWEEN ALL DEPARTMENTS - AND A SWITCHBOARD THAT IS SUNCOM ADAPTABLE, SHE CONTINUED THAT THERE IS RATE STABILITY ON A TIER RATE - PRIVACY BECAUSE NO ONE PICKING UP THEIR PHONE CAN LISTEN TO YOU - AND THERE IS ROOM FOR FUTURE GROWTH TO A CAPACITY OF 400. THE EQUIPMENT IS SOLID STATE AND COMPUTERIZED; THE PROGRAM IS STORED ON TAPE AND IS REMOTELY CON- NECTED TO FORT LAUDERDALE FOR MAINTENANCE. COMMISSIONER SIEBERT ASKED IF SUNCOM CAN BE MONITORED BY DE- PARTMENTS. MS. HIRSCHBERG EXPLAINED THAT SUNCOM IS BILLED BY THE STATE AND YOU GET A PRINT-OUT. YOU WOULD HAVE TO PRO RATE TO EACH DEPART- MENT. SHE STATED THAT SHE WOULD WORK WITH THE COUNTY TO FIGURE OUT A PRO RATING METHOD. ASSISTANT ADMINISTRATOR NELSON FELT THERE IS SOME PROBLEM WHEN PEOPLE DO USE LONG DISTANCE INSTEAD OF THE SUNCOM, I.E., WHEN THEY GET A BUSY SIGNAL ON SUNCOM. MS. HIRSCHBERG STATED THAT THERE SHOULD BE NO NEED TO PLACE LONG DISTANCE CALLS UNLESS THERE IS AN EMERGENCY. SHE NOTED THAT IF YOU HAVE SUNCOM AND YOU STILL ARE BEING BILLED FOR LONG DISTANCE, YOU ARE WASTING MONEY. SHE SUGGESTED THAT ONLY CERTAIN STATIONS SHOULD HAVE ACCESS TO SUNCOM. COMMISSIONER DEESON ASKED WHAT FORMULA THE STATE USES TO ASSIGN SUNCOM LINES, AND MS. HIRSCHBERG STATED THAT SHE DID NOT KNOW; THAT THIS IS DONE OUT OF TALLAHASSEE AND SINCE THE COUNTY IS NOT NOW ON A CENTRALIZED SWITCHBOARD, THEY WOULD HAVE TO TAKE ALL THE BILLS FROM ALL THE DEPARTMENTS AND THEN EVALUATE. THEY WILL NOT DO THIS UNLESS YOU ARE GOING TO HAVE A CENTRALIZED SWITCHBOARD. 35 AUG 2 21979 Bw 4i PAGE 4®4 AUG 2 21979 BOGK 41 FaGE 405 DISCUSSION CONTINUED, AND TAX COLLECTOR GENE MORRIS NOTED THAT IF WE WOUND UP WITH ONLY TWO SUNCOM LINES, HE FELT IT WOULD NOT BE SUFFICIENT. MS. HIRSCHBERG NOTED THAT IS WHY YOU HAVE TO BE EVALUATED. MS, HIRSCH BERG CONTINUED HER PRESENTATION, NOTING THAT THEY ARE PROPOSING THE 400 PBX SWITCH. WITH THIS SYSTEM, YOU CAN FORWARD CALLS TO ANOTHER TELEPHONE - HAVE A 3 -WAY CONFERENCE CALL - CODE YOUR PHONE TO CALL YOU BACK WHEN A LINE IS NOT BUSY, ETC. SHE DIS- CUSSED OUTWARD RESTRICTIONS. SHE NEXT DISCUSSED THE TWO TIER PAYMENT PLAN. UNDER TIER A FOR.FIVE YEARS,IF YOU SIGN THE CONTRACT AND SOUTHERN BELL IS GRANTED A RATE INCREASE, YOUR PLAN DOES NOT CHANGE DURING THAT TIME. TIER A DISAPPEARS AT THE END OF THE CONTRACT PERIOD. TIER B, THE ON-GOING MAINTENANCE, WOULD BE THE ONLY PART OF THE CON- TRACT THAT IS AFFECTED BY A RATE INCREASE. IN OTHER WORDS, YOU WOULD PICK THE TIME FRAME AND WOULD BE GUARANTEED THAT 2/3 OF YOUR PRICES WOULD NEVER CHANGE DURING THAT PERIOD. MS. HIRSCHBERG THEN DID A COST COMPARISON BETWEEN THE KEY SYSTEM AND THE DIMENSION SHOWING THAT THE KEY SYSTEM IS CONSIDERABLY MORE EXPENSIVE. COMMISSIONER SIEBERT ASKED ABOUT AFTER HOURS CALLS, AND MS. HIRSCHBERG STATED THAT THEY CAN BE ARRANGED FOR THROUGH NIGHT CON- NECTIONS IN PARTICULAR GROUPS. THE NIGHT SERVICE IS BUILT IN. COMMISSIONER SIEBERT ASKED IF SHE HAD MET WITH ALL THE CON- STITUTIONAL OFFICERS, AND MS., HIRSCHBERG STATED THAT THEY HAD SURVEYS DONE OF EACH DEPARTMENT AND MET WITH WHOMEVER WAS AVAILABLE. SHE STATED THAT SHE WOULD BE GLAD TO MAKE ANOTHER PRESENTATION IF THE BOARD DESIRED, BUT NOTED THAT THEY DID HAVE A MEETING WHEN ALL DEPART- MENT HEADS WERE INVITED, AND REPRESENTATIVES DID ATTEND. ASSISTANT ADMINISTRATOR NELSON NOTED THAT THE SUPERVISOR OF ELECTION HAD COMMENTED THAT SHE NEEDED PARTICULAR SERVICE AT CER- TAIN TIMES, AND THIS CAN BE TAKEN CARE OF. VICE CHAIRMAN LOY DISCUSSED THE NEED FOR A PRIVATE LINE, AND MS. HIRSCHBERG INFORMED THE BOARD THAT INVIDIDUAL LINES CAN BE RUN IN AT ANY POINT, BUT THE CHARGE FOR THIS WOULD BE OVER AND ABOVE THE DIMENSION SYSTEM. COMMISSIONER LYONS SINCERELY HOPED THAT THE COUNTY CAN GET ON A SINGLE NUMBER SERVICE SO THAT CITIZENS CAN CALL THAT NUMBER AND BE TRANSFERRED TO THE RIGHT DEPARTMENT. HE FELT THIS IS THE GOLDEN OPPORTUNITY TO DO THIS FOR THE PUBLIC. WILLIAM KOOLAGE SPOKE AS A TAXPAYER AND SENIOR CITIZEN AND EMPHASIZED THAT IT IS VERY NECESSARY.TO GET DOWN TO ONE NUMBER AND ELIMINATE A LOT OF CONFUSION. VICE CHAIRMAN LOY FELT THIS IS A GOAL WE HAVE BEEN HEADED TOWARDS FOR A LONG TIME, AND COMMI'SS.IONER SIEBERT AGREED AND ASKED WHEN WE CAN GET IT. THE ASSISTANT ADMINISTRATOR EXPLAINED THAT SOUTHERN BELL WILL WORK WITH CONNELL, METCALF & EDDY AS SOON AS THEY GET THE GO-AHEAD. MS. HIRSCHBERG STATED THAT SHE WILL HAVE A CONTRACT DRAWN UP FOR THE 5 YEAR PERIOD WHICH SHE FELT IS THE BEST TERM, AND THEY WILL WORK WITH THE COUNTY ALONG WITH THE RENOVATION OF THE HOSPITAL COMPLEX. THE BOARD AGREED AND ASKED THAT THE BASIC CONTRACT BE PRE- PARED AND SUBMITTED TO ATTORNEY COLLINS, 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: AUG 2 21979 37 BOOK 41 PAGE 406 L AUG 2 21979 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of , . L.?. SO n r h--, ��i• ' U A�Lw in the Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed (SEAL) day of (Clerk of the Circuit A.D.. L2-712 (Business Manager) ndian River County, Florida) gnu 41 FAU 7 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, fo-wit: The East 12:50 acres of the West 20 acres AND the North 200 feet of the East 100 feet of the West 7.5 acres of Tract 1, Section 28, Township 32 South, Range 39 East; said land lying and being in Indian River County, Florida. Be changed from R-2 Multiple Family District to M-1 Restricted Industrial 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 Zoning Commission in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, July 12,1979, 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 Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Wednesday, August 22, 1979, at 2:00 o'clock P.M. Board of County Commissioners Indian River County By: William C. Wodtke Jr., Chairman Indian River County Planning and Zoning Commission By: Dick Bird, Chairman J une 22, 27, 1979. NOTICES OF THE PUBLIC HEARING WERE SENT TO THE FOLLOWING BY THE CLERK OF CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125,66. CLERK. GORDON CHAFFEE HORACE & DALLIE MCDANIEL .JOHN KERN ROBERT DRINKARD MARY WADE JESSIE RIMES HAROLD & FRANCES GOSS ED MAY, SR DONALD & LORA WILLIAMS TOMMY & PAT ANDERSON ALFRED MCCARTY AND PHILIP NEDELL CITYWIDE, INC, RONALD & .JOAN LEE PHILIP NEDELL GLADYS NEDELL WALLACE RODDENBERRY DELIA .JORDON COPIES OF SAID NOTICES ARE ON FILE IN THE OFFICE OF THE u WENDY LANCASTER OF THE PLANNING DEPARTMENT INFORMED THE BOARD THAT THE SUBJECT PROPERTY IS APPROXIMATELY 13 ACRES IN SIZE AND IS LOCATED WEST OF 43RD AVENUE SOUTH OF NORTH GIFFORD ROAD, THE AP- PLICANT, GORDON CHAFFEE, ORIGINALLY REQUESTED REZONING OF THE NORTH- EAST 1-1/2 ACRES WHERE HE WISHED TO PUT HIS MINI -WAREHOUSES, BUT THE PLANNING & ZONING COMMISSION INITIATED THE REZONING OF THE ENTIRE PARCEL WHICH IS PRESENTLY ZONED R-2. MS, LANCASTER CONTINUED THAT THE PLANNING STAFF RECOMMENDS APPROVAL OF THIS REZONING TO ESTABLISH CONSISTENCY IN THIS AREA WHICH IS PRIMARILY INDUSTRIAL IN NATURE, COMMISSIONER DEESON ASKED HOW MANY RESIDENCES ARE INVOLVED, AND MS. LANCASTER BELIEVED THERE ARE A.DOZEN OR SO, SHE NOTED THAT THEY HAVE RECEIVED NO OBJECTIONS FROM THE PROPERTY OWNERS. VICE CHAIRMAN LOY ASKED IF ANYONE PRESENT WISHED TO BE HEARD, LEONARD WEBB INFORMED THE BOARD THAT HE BOUGHT AN SO X 100 LOT FROM MRS, JORDON JUST THIS MONTH. HE NOTED THAT IT IS JUST A SMALL LOT AND IT HAS A HOUSE ON IT. HE STATED THAT IF THIS IS ZONED COMMERCIAL HE DOES NOT OWN ENOUGH PROPERTY TO BUILD A BUSINESS ON IT, AND HE WOULD LIKE TO KEEP IT JUST LIKE IT IS. VICE CHAIRMAN LOY NOTED THAT THE NOTICE WAS SENT TO DELIA JORDON SINCE MR. WEBB JUST PURCHASED THIS PROPERTY. ATTORNEY COLLINS INFORMED MR, WEBB THAT HE COULD STILL USE HIS PROPERTY FOR RESIDENTIAL PURPOSES, BUT IF IT WERE BURNED DOWN, IT COULDNIT BE REBUILT, ATTORNEY COLLINS COMMENTED THAT HE HAS A PROBLEM WITH THE NOTICE BECAUSE THE PROPERTY HAS CHANGED HANDS AND THE PRESENT OWNER DID NOT RECEIVE NOTICE. HE FELT THE NOTICE IS VALID, HOWEVER, BECAUSE IT WAS SENT TO THE LAST OWNER OF RECORD ON THE TAX ROLL. HE ASKED MR. WEBB IF MRS, CORDON FROM WHOM HE BOUGHT - THIS PROPERTY HAD INFORMED HIM THAT IT WAS BEING REZONED. MR. WEBB STATED THAT SHE DID NOT. MR, NEDELL, OWNER OF PROPERTY IN THIS AREA, SHOWED THE BOARD WHERE HE IS LOCATED ON 45TH AVENUE RIGHT BEHIND MR. RODDENBERRY, AND STATED THAT HE DID NOT OBJECT TO REZONING OF THE SMALL PARCEL ORIGI- NALLY REQUESTED, BUT HE DID OBJECT TO REZONING THE WHOLE AREA. 39 AUG 2 21979 Baas 41 PACE409 COMMISSIONER LEESON EXPRESSED CONCERN ABOUT PROPERTY OWNERS WHO DO NOT REALLY UNDERSTAND WHAT IS HAPPENING. HE COMMENTED THAT THE NOTICE DOESN'T TELL THE PROPERTY OWNER THAT HE CANT ADD ON TO HIS HOUSE OR CAN T REBUILD IF IT SHOULD BURN, ETC, JOHN KERN INFORMED THE BOARD THAT HE OWNS THE LAST LOT DOWN ON THE END OF 45TH STREET AND HAS OWNED IT FOR S OR 9 YEARS. HE STATED THAT HE HAD TALKED TO OTHER PEOPLE IN THE AREA, AND MOST OF THEM WERE IN FAVOR OF THE REZONING. HE DID NOT FEEL THIS AREA, WHICH IS IN BETWEEN JUNK YARDS, IS PROPERLY A PLACE FOR RESIDENTIAL HOMES AND THAT IT DOES NOTHING BUT BREED TROUBLE. HE STATED THAT HE HAD RENTALS THERE AT ONE TIME, BUT IT DIDNIT WORK OUT. HE FELT IT SHOULD TURN BACK TO ITS ORIGINAL INDUSTRIAL ZONING. MR. KERN STATED THAT IS WHY HE BOUGHT THE PROPERTY TO BEGIN WITH. THE REASON FOR PREVIOUSLY REZONING, TO R-2 WAS DISCUSSED, AND IT WAS FELT IT HAD BEEN DONE TO BRING THE HOMES INTO CONFORMITY. VICE CHAIRMAN Loy COMMENTED THAT THE PLANNING & ZONING MINUTES REFLECT THAT THE MAJORITY OF THE PROPERTY OWNERS AT THE PREVIOUS MEET- ING DID NOT OBJECT TO REZONING TO M-1. ADMINISTRATOR JENNINGS COMMENTED THAT THE RIGHT OF WAY IS NOT MAINTAINED, AND THERE HAVE BEEN MANY DRAINAGE PROBLEMS IN THE AREA. COMMISSIONER SIEBERT ASKED MR. WEBB WHETHER HE DID NOT FEEL HIS PROPERTY WOULD BE MORE VALUABLE AS INDUSTRIAL, AND WHETHER HE WOULD WISH TO PUT ANOTHER SINGLE FAMILY HOME ON HIS PROPERTY IF THE PRESENT ONE SHOULD BE DESTROYED FOR ANY REASON. MR. WEBB STATED THAT HE WOULD REBUILD. HE NOTED THAT HIS DAUGHTER, ROSE SMITH, LIVES IN THIS AREA AND HAS JUST BOUGHT THE PROPERTY FROM MR. RODDENBERRY RECENTLY. THE VICE CHAIRMAN ASKED IF ANYONE FURTHER WISHED TO BE HEARD. THERE WERE NONE, MS, LANCASTER NOTED THAT IT WAS BROUGHT OUT AT THE PLANNING & ZONING MEETING THAT IF ANYONE WISHED TO ADD TO THEIR HOUSE, THEY COULD DO SO BY GOING TO THE VARIANCE BOARD. COULD MAKE AN ADDITION. THEY COULDN'T REBUILD, BUT THEY ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. m COMMISSIONER SIEBERT STATED THAT THOUGH HE SYMPATHIZES WITH MR. WEBB, HE DID NOT FEEL IF THE HOUSE WERE DESTROYED THAT THIS IS A SUITABLE PLACE TO REBUILD. VICE CHAIRMAN Loy POINTED OUT THAT IF THIS IS GOING TO BECOME ONE OF THE LARGE INDUSTRIAL AREAS OF THE COUNTY, IT WOULD BE REASON- ABLE TO ASSUME THE PROPERTY WOULD BECOME MORE VALUABLE AS INDUSTRIAL THAN IT WOULD BE AS A RESIDENTIAL AREA, SHE FELT MR. WEBB HAD MADE A PRUDENT INVESTMENT, AND IN THE LONG RUN MIGHT WELL BE AHEAD OF THE GAME. COMMISSIONER LYONS FELT THAT IT IS STRANGE TO LEAVE RESIDEN- TIAL IN BETWEEN M-1 AREAS, AND HE FELT THE LONGER YOU LEAVE IT, THE MORE COMPLEX THE PROBLEM WILL BECOME. COMMISSIONER DEESON STATED THAT HE HAS TO AGREE WITH THE OTHER BOARD MEMBERS, BUT HE IS CONCERNED ABOUT THE METHOD OF NOTIFICA- TION. HE NOTED THAT POSSIBLY HE IS TRYING TO DO SOMETHING FOR THE TAXPAYER THAT THEY SHOULD DO FOR THEMSELVES, BUT SOME PEOPLE ARE MORE SOPHISTICATED THAN OTHERS, AND HE FELT THE NOTICE REALLY DOESN'T TELL THAT PERSON ENOUGH, HE FELT WE COULD ADD A PARAGRAPH TO THE NOTICE STATING THE IMPACT THE CHANGE OF ZONING WILL HAVE. VICE CHAIRMAN LOY FELT WE WORK VERY DILIGENTLY TO BE SURE EVERYONE IS INFORMED AND TRY TO BE AS PROTECTIVE AS WE CAN. SHE NOTED THAT THE PLANNING DEPARTMENT IS USING THE MOST UP TO DATE RECORDS WE HAVE AVAILABLE, AND WHEN PROPERTY IS TRANSFERRED, THERE WILL ALWAYS BE A LAG. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 79-23 REZONING THE SUBJECT PROPERTY TO M-1 RESTRICTED INDUSTRIAL. 41 - AUG 2 2 1979 Bou 41 PAGE 410 AUG 2 21979 ORDINANCE NO. 79-23 Boor 41 PAGE 411 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: The East 12.50 acres of the West 20 acres AND the North 200 feet of the East 100 feet of the West 7.5 acres of Tract 1, Section 28, Township 32 South, Range 39 East; said land lying and being in Indian River County, Florida. Be changed from R-2 Multiple Family District to M-1 Restricted Industrial District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect August 27, 1979. � a � THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a t � in the matter of,,, t"i r t A .-%1 CSL C, 01tL 1, , I 00,in the Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this —%day of- A.D. (SEAL) iVY` ri Ital—f LA .r I _60171-1y%_1 C, - (Business Manager) (Clerk of the Circuit Court In ian River County, Florida) NOTICE NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of Indian River County, Florida, has tentatively ap- proved the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: -Tract "A", Tract "B", and Lots 39, 40, 41, 42, 43 and 44, Hobart Landing Unit Two, as filed in the Office of the Clerk of. the Circuit Court and recorded in Plat Book 1, page 46, Indian River County, Florida; LESS AND EXCEPT the east 249.86 feet of Tract "B". Be changed from R-3 Multiple Family District, 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 ZoningCommission in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, July 12,1979, at 7:30 which in j re ation thereto at which parties lic linainterest and citizens shall have an opportunity to be heard will be held by- the Board of County Commissioners of Indian River County Courthouse, Vero Beach, Florida, on Wed- nesday, August 22,1979, 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 June 22,27,1979- • . THE FOLLOWING NOTICES WERE SENT TO FRED P. BRIGGS, DISTRICT MANAGER, HOBART BROTHERS COMPANY; HOBART BROTHERS COMPANY; AND JOHN H. AND MARTHA SIMMONS BY THE CLERK OF CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.66. AUG 2 21979 43 Boos 41 FACE 412 AUG 2 21979 Boos 41 PACE41 )ACK G. JENNINGS. Administrator BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairmc.-i WILL ARD W. SIEBERT, JR. 2145 14th Avenue July 16, 1979 Mr. Fred P. Briggs, District Manager Hobart Brothers Company P. 0. Box 1600 Vero Beach, Florida 32960 Dear Mr. Briggs: R. DON DEESON PATRICK B. LYONS Vero Beach, Florida 32960 In compliance with Florida Statute 125.66, the following is a Notice of Public Hearing for rezoning, as requested by the Board of County Commissioners. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida, to -wit: Tract "A", Tract "B", and Lots 39, 40, 41, 42, 43 and 44, Hobart Landing Unit Two, as filed in the Office of the Clerk of the Circuit Court and recorded in Plat Book 1, page 46, Indian River County, Florida; LESS AND EXCEPT the east 249.88 feet of Tract "B". Be changed from R-3 Multiple Family District, to R-1 Single 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, August 22, 1979, at 2:00 o'clock P.M. Sincerely, Freda Wright Clerk jwc cc: Hobart Brothers Co. Troy, Ohio JACK G. JENNINGS. Administrator Hobart Brothers Company 600 W. Main Street Troy, Ohio 45373 Legal Description: BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairman WILL ARD W. SIEBERT, JR. R. DON DEESON PATRICK B. LYONS 2145 14th Avenue July 16, 1979 Vero Beach. Florida 32960 Lots 19, 20, 21, 25, 26, 30, 31, 33, 34, 35, 38, 39, 40, 41, 42, 44 of Unit 2, and Tract A & B, Hobart Landing, Indian River County, Florida Be changed from R-3 Multiple Family District to R-1 Single Family District. Dear Property Owner: In compliance with Florida Statute 125.66, the following is a Notice of Public Hearing for rezoning, as initiated by the Board of County Commissioners, so that the zoning will be more in keeping with the use and the Comprehensive Land Use Plan. 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 Indian River County Courthouse, Vero Beach, Florida, on Wednesday, August 22, 1979 at 2:00 o'clock P.M. Sincerely, Freda Wright Clerk jwc cc: Hobart Brothers Company Vero Beach, Florida AUG 2 2 1979 RaoK 41 FACE 414 AUG 2 21979 BOOK 4f PAGF. 4i BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY. Vice Chairman WILL .ARD W. SIEBERT, JR. R. DON DEESON PATRICK B. LYONS JACK G. JENNINGS, Administrator 2145 14th Avenue Vero Beach, Florida 32960 July 16, 1979 Mr. John H. & Martha Simmons 3605 Steck Avenue, Apt. 1026 Austin, Texas 78759 Legal Description: Lot 43, Unit 2, Hobart Landing, Indian River County, Florida Be changed from R-3 Multiple Family District to R-1 Single Family District. Dear Property Owner: In compliance with Florida Statute 125.66, the following is a Notice of Public Hearing for rezoning, as initiated by the Board of County Commissioners, so that the zoning will be more in keeping with the use and the Comprehensive Land Use Plan. 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 Indian River County Courthouse, Vero Beach, Florida, on Wednesday, August 22, 1979 at 2:00 o'clock P.M. Sincerely, Freda bright Clerk jwc PLANNER WENDY LANCASTER INFORMED THE BOARD THAT THIS AREA IS PLANNED TO BE DEVELOPED IN SINGLE FAMILY, AND NOTED THAT ON MAY 231 19791 THE BOARD OF COUNTY COMMISSIONERS GRANTED TENTATIVE APPROVAL TO HOBART LANDING, UNIT 3, SUBJECT TO THE REZONING OF CERTAIN LOTS AND TRACTS FROM R-3 TO R-1 SINGLE FAMILY, WITH THE IDEA OF PREVENTING MULTI- FAMILY UNITS IN A SINGLE FAMILY SUBDIVISION. MISS LANCASTER STATED THAT THE PLANNING STAFF RECOMMENDS THE PROPOSED REZONING AND NOTED THAT THE LOT ON WHICH THE BOATHOUSE IS LOCATED WOULD NOT BE REZONED. VICE CHAIRMAN LOY ASKED IF ANYONE PRESENT WISHED TO BE HEARD, FRED BRIGGS CAME BEFORE THE BOARD REPRESENTING HOBART BROTHERS COMPANY AND STATED THAT HE FELT THERE IS SOME MISUNDERSTANDING, AND HE WOULD JUST RATHER LISTEN TO SEE IF ANY OBJECTIONS WERE PRESENTED. CLARENCE RUSSELL, A RESIDENT OF HOBART LANDING, PRESENTED THE BOARD WITH THE FOLLOWING PETITION: 47 AUG 2 21979 Rou 41 �FAGE416 :_ AUG 2 2.1979 July 30, 1979 To: Board of County Commissioners, Indian River County, Florida boa 41 PArE417 We, the undersigned, residents of Hobart Landing, Indian River County, Florida, respectfully request that the proposed re -zoning from R-3 to R-1 in Hobart Landing, be extended to include the East 240088 feet presently excluded from the zoning proposal MR. RUSSELL COMMENTED THAT THE ZONING PROPOSAL EXCLUDES THE EAST 240.88' OF TRACT B, WHICH IS A FINGER OF LAND PROJECTING INTO THE INDIAN RIVER, AND THE RESIDENTS WISH IT TO BE INCLUDED IN THE R-1 ZONING. ATTORNEY COLLINS EXPLAINED THAT THE REZONING THAT IS TAKING PLACE TODAY IS SUBJECT TO APPROPRIATE LEGAL NOTICES WHICH WERE SENT OUT, AND THEY DO NOT INCLUDE THE LAND DESCRIBED BY MR. RUSSELL. THE ATTORNEY STATED THAT UNLESS MR. RUSSELL HAS SOME OBJECTION TO THE PROPOSED RE- ZONING, IT WOULD BE MORE APPROPRIATE FOR HIM TO COME BEFORE THE BOARD AND ASK FOR A HEARING ON THE REZONING OF THE FINGER. COMMISSIONER SIEBERT FELT THE PETITIONERS ARE REQUESTING THE COUNTY TO READVERTISE AND INCLUDE THE FINGER. ATTORNEY COLLINS AGREED THIS CAN BE REQUESTED, BUT REITERATED THAT THE MATTER NOW BEFORE THE BOARD IS ONLY THAT WHICH HAS BEEN ADVERTISED, AND HE FELT THE BOARD SHOULD ACT ON WHAT IS BEFORE THEM TODAY AND THEN TAKE WHATEVER INDEPENDENT ACTION IS DESIRED. VICE CHAIRMAN LOY AGREED THAT THERE ARE TWO SEPARATE ISSUES RELATING TO THE SAME THING, AND THAT THE BOARD CANNOT TODAY ADDRESS A REZONING OF THE PARCEL EXCEPTED FROM THE NOTICE. SHE ASKED IF MR. RUSSELL AND THE OTHER RESIDENTS HAD ANY OBJECTION TO THE ACTUAL REZONING PROPOSED IN THE NOTICE, AND MR. RUSSELL STATED THAT THEY ARE IN FAVOR OF IT. FRED BRIGGS, MANAGER OF HOBART BROTHERS COMPANY, CAME BEFORE THE BOARD. HE NOTED THAT AT THE BOARD MEETING OF MAY 23RD, HE EXPLAINED THAT THIS FINGER WOULD BE THE GATEWAY TO THE WATERFRONT FOR ANY FUTURE DEVELOPMENT TO THE SOUTH. HE CONTINUED THAT RESIDENTS CAME TO HIS OFFICE BECAUSE THEY THOUGHT THE COMPANY WANTED TO CHANGE THE DEVELOPMENT WHEN ALL THEY ACTUALLY WANTED TO DO WAS COMPLY WITH THE BOARD'S REQUEST TO REZONE, TO R-1. MR. BRIGGS POINTED OUT THAT BY REZONING FROM R-3 TO R -I, THEY ARE LOWERING THE LAND VALUE, BUT THEY WENT ALONG WITH THE BOARD'S REQUEST. HE FELT THAT IT HAS BECOME A REAL MISUNDERSTANDING AND SINCE IT WAS THIS BOARD'S REQUEST, HE SUGGESTED THAT THE BOARD NOW WITH- DRAW THEIR REQUEST AND LEAVE THE PROPERTY AS IT WAS, AND THEN THERE WOULD BE NO PROBLEM. 49 AUG 2 21979 Boas 4a FaGE 418 AUG 2 21979 FOLK -L Fr�GE 419 THE BOARD THEN REVIEWED THE SUBDIVISION THAT HOBART BROTHERS BROUGHT TO THEM FOR TENTATIVE APPROVAL, AND MR. BRIGGS NOTED THAT IT CONSISTS OF SIX LARGE LOTS WITH SEA WALLS AND THEY HAVE APPROVAL TO GO AHEAD AND PUT THESE LOTS IN. HE STATED THAT THEIR ONLY INTENTION WAS TO PUT IN SINGLE FAMILY RESIDENCES. THEY ARE NOT GOING TO PUT IN HIGH RISES. VICE CHAIRMAN LOY ASKED IF HOBART BROTHERS COMPANY OWNS THE LAND SOUTH OF THIS, AND MR, BRIGGS STATED THAT THEY DO NOT, BUT NOTED THAT THE FINGER IS THE ONLY RIVER ACCESS. COMMISSIONER SIEBERT ASKED WHY THEY WISH TO PROVIDE THE PROPERTY TO THE SOUTH WITH ACCESS TO THE RIVER IF THEY DON T OWN IT. MR. BRIGGS POINTED OUT THAT ACCESS TO THE RIVER IS BECOMING VERY LIMITED, AND IF THE COMPANY SHOULD BECOME INTERESTED IN BUYING THE PROPERTY TO THE SOUTH, THEN THEY WOULD HAVE THE ACCESS TO THE RIVER. VICE CHAIRMAN LOY ASKED IF ANYONE FURTHER WISHED TO SPEAK, AND NO ONE DID. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. VICE CHAIRMAN LOY NOTED THAT WHEN THIS SUBDIVISION WAS BROUGHT BEFORE THE BOARD, IT WAS POINTED OUT THAT THERE WOULD BE NO PROBLEM WITH HOBART BROTHERS COMPANY IN MAKING THAT AREA CONFORM ZONING -WISE TO EXACTLY WHAT IT WAS BEING USED FOR. THAT IS HOW WE ARRIVED AT THIS POINT. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE N0. 79-24, REZONING TRACT "A", TRACT "B", AND LOTS 39, 40, 41, 42, 43 AND 44, HOBART LANDING UNIT TWO TO R-1 SINGLE FAMILY DISTRICT. 50 ORDINANCE NO. 79-24 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: Tract "A", Tract "B", and Lots 39, 40, 41, 42, 43 and 44, Hobart Landing Unit Two, as filed in the Office of the Clerk of the Circuit Court, and recorded in Plat Book 1, page 46, Indian River County, Florida; LESS AND EXCEPT the east 249.88 feet of Tract "B". Be changed from R-3 Multiple Family District to R-1 Single Family District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect August 27, 1979. AUG 2 21979 BOOK 41 PAGE 420 AUG 2 21979 41 FAU 421 VICE CHAIRMAN L.OY STATED THAT THE BOARD WOULD NOW ADDRESS THE REQUEST MADE BY THE RESIDENTS OF HOBART LANDING FOR REZONING OF THE FINGER EXCLUDED FROM THE PRESENT ZONING. ATTORNEY COLLINS INFORMED THE BOARD THAT THEY COULD EITHER MANDATE DIRECTIONS TO THE ZONING BOARD OR SUGGEST TO THE APPLICANTS THAT THEY FILE THROUGH THE ZONING BOARD AND FOLLOW THE NORMAL CHANNELS FOR A REZONING. DISCUSSION FOLLOWED ON HOW TO HANDLE THIS MATTER, AND COMMIS- SIONER SIEBERT COMMENTED THAT HE DID NOT KNOW HOW HE FELT ABOUT THE REQUEST, BUT AGREED IT SHOULD HAVE AN AIRING AND FELT THAT THE BOARD SHOULD TAKE SOME ACTION RATHER THAN PASS THE BUCK TO THE ZONING BOARD. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY DIRECTED THE PLANNING & ZONING COMMISSION TO MAKE A RECOMMENDATION ON THE REZONING OF THE EAST 249.88 FEET OF TRACT "B", HOBART LANDING UNIT TWO, AS FILED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT AND RECORDED IN PLAT BOOK 1, PAGE 46, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA. THE HOUR OF 2:00 O'CLOCK P.P. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: 52 � s � VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a In the Court, was pub- lished in said newspaper in the issues of ^� Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this day of A.D.-19-12- 7- V, .D. C (SEAL) � — (Business Manager) 0)1 (Clerk of the Circuit Court, I an River County, Florida) r 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: i i All of the South one-half of Government Lot 11, lying West of the West right-of-way of State Road AIA, Section 10, Township 31 South, Range 39 East, LESS AND EXCEPT the South 166.57 feet thereof. Said land lying and being in Indian River County, Florida. Be changed from A -Agricultural District to R- lA 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, on Thursday, July 12, 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, August 22,1979, at 2:00 P.M. Boardof County Commissioners Indian River County By: William C. Wodtke Jr., Chairman Indian River County Planning and Zoning Commission By: Dick Bird, Chairman June 22, 27,1979. THE FOLLOWING NOTICE WAS SENT TO ERNEST HAZEL, III, BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125,66. 53 AUG 2 21979 BOOK 41 PAGF4 .2 AUG 2 21979 BooF 41 PAGE423 BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY. Vice Chairman WILLIARD W. SIEBERT, JR. R. DON DEESON PATRICK B. LYONS JACK G. JENNINGS, Administrator 2145 14th Avenue Vero Beach. Florida 32960 July 16, 1979 Mr. Ernest Hazel, III #2 Catawba Place Washington, Missouri Dear Mr. Hazel: In compliance with Florida Statute 125.66, the following is a Notice of Public Hearing for rezoning, as requested by your Agent, Richard P. Letsinger. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida, to -wit: All of the South one-half of Government Lot 11, lying West of the West right-of-way of State Road A -1-A, Section 10, Township 31 South, Range 39 East, LESS AND EXCEPT the South 166.57 feet thereof. Said land lying and being in Indian River County, Florida. Be changed from A -Agricultural to R-1AA Single 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, August 22, 1979, at 2:00 o'clock P.M. Sincerely, Freda Wright Clerk jwc cc: Richard P. Letsinger WENDY LANCASTER OF THE PLANNING DEPARTMENT INFORMED THOSE PRESENT THAT THE SUBJECT PROPERTY CONTAINS APPROXIMATELY 14.5 ACRES AND IS LOCATED APPROXIMATELY TWO MILES NORTH OF WABASSO BEACH ROAD WEST OF S,R. AIA, IT IS PRESENTLY UNDEVELOPED)AND THE AREA TO THE EAST OF AIA IS ALSO UNDEVELOPED EXCEPT FOR A SINGLE FAMILY RESIDENCE. THE LAND TO THE SOUTH AND WEST IS PRIMARILY IN GROVES. SHE STATED THAT THE MAJOR CONSIDERATION WITH REGARD TO THIS PROPOSED REZONING IS RELATED TO WATER SUPPLY, THE WATER SUPPLY FOR THIS PARTICULAR DE- VELOPMENT MAY NOT BE A PROBLEM, BUT IT MAY BE THE START OF A PROBLEM THAT WILL COMPOUND WITH INCREASING DEVELOPMENT. Ms. LANCASTER NOTED THAT THIS AREA IS SHOWN AS MEDIUM DENSITY UNDER THE COMPREHENSIVE LAND USE PLAN, THE PLANNING STAFF RECOMMENDS REZONING TO R-lAA WHICH WOULD DECREASE DENSITY, AND THE PLANNING & ZONING COMMISSION APPROVED R-lAA ZONING ON A 2 TO I VOTE, ATTORNEY LAWRENCE BARKETT APPEARED FOR THE APPLICANT AND REQUESTED THAT THE BOARD FOLLOW THE RECOMMENDATIONS OF THE PLANNING & ZONING DEPARTMENT AND REZONE TO R-lAA. VICE CHAIRMAN LOY ASKED IF ANYONE PRESENT WISHED TO BE HEARD. RICHARD LETSINGER, CAME BEFORE THE BOARD AS TRUSTEE FOR MR. HAZEL, THE DEVELOPER, AND STATED THAT THEY AGREED TO LOWER THE DENSITY, AND, IN FACT, WANTED TO. HE FELT THEY WILL BUILD A VERY FINE PROJECT, ONE OF WHICH THE COUNTY WILL BE PROUD. COMMISSIONE LYONS ASKED WHAT THEY ARE GOING TO DO FOR A WATER SUPPLY, AND MR. LETSINGER STATED THAT THEY WILL DRILL DEEP WELLS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE N0. 79-25 APPROVING REZONING TO R-1AA. ATTORNEY COLLINS FELT IT SHOULD BE STATED FOR THE RECORD THAT THE APPLICANT, ERNEST HAZEL, IS IN FAVOR OF REZONING TO R-1AA, AND ATTORNEY BARKETT STATED FOR THE RECORD THAT MR, HAZEL DOES AGREE WITH REZONING TO:R-lAA. 55 AUG 2 21979 eooK 41 PACE 424 AUG 2 21979 BOOK 41 Pouf ORDINANCE N0. 79-25 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: All of the South one-half of Government Lot 11, lying west of the West right-of-way of State Road A -1-A, Section 10, Township 31 South, Range 39 East, LESS AND EXCEPT the South 166.57 feet thereof. Said land lying and being in Indian River County, Florida. Be changed from A -Agricultural to R-lA A Single Family District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect August 27, 1979. VICE CHAIRMAN LOY REPORTED THAT WE HELD A SPECIAL MEETING TO AWARD THE CONTRACT FOR BARBER AVENUE RECENTLY, AND A (QUESTION WAS RAISED ABOUT WHERE WE ARE GOING TO GET THE MONEY. SHE FELT THIS ROAD WOULD QUALIFY FOR THE TRUST FUND MONIES AVAILABLE IN TALLAHASSEE AND STATED THAT THE INTERGOVERNMENTAL COORDINATOR HAS CHECKED AND EVALUATED, AND SHE FEELS HE WILL TELL US NOW IS THE TIME TO MOVE. INTERGOVERNMENTAL COORDINATOR THOMAS COMMENTED THAT THE MAIN REASON HE WISHED TO DO THIS TODAY IS THAT WHEN WE TAKE THESE FUNDS FROM TALLAHASSEE, WE CAN INVEST THEM FOR A 60 -DAY PERIOD. BASICALLY WE HAVE WHAT IS CALLED SECOND TAX GAS MONEY, THE 5TH AND 6TH CENT TAX. THE CONSTRUCTION DOES HAVE TO MEET STATE SPECIFICATIONS, AND BARBER AVENUE WILL MEET STATE SPECIFICATIONS. HE CONTINUED THAT HE WOULD LIKE TO PROCEED AND APPLY FOR 60 DAYS OF THE FUNDS BECAUSE CONSTRUCTION WILL START IN 30 DAYS, AND HE WOULD LIKE PERMISSION TO PROCEED WITH THE ATTORNEY AND HAVE HIM VERIFY THAT THIS IS CORRECT AND HAVE AUTHORIZATION FOR THE CHAIRMAN TO SIGN THE APPLICATION. VICE CHAIRMAN Loy COMMENTED THAT THE BOARD SHOULD GIVE THOUGHT TO AUTHORIZING THE CHAIRMAN OR APPROPRIATE OFFICIALS TO PRO- CEED RIGHT ON THROUGH THE PROJECT WITHOUT HAVING TO COME BACK TO THE BOARD FOR APPROVAL EVERY TIME. DISCUSSION FOLLOWED ABOUT THE AMOUNT OF MONEY INVOLVED IN THE CONSTRUCTION AND ALSO THAT NEEDED TO PAY THE CONSULTING ENGINEERS, ETC. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED INTERGOVERNMENTAL COORDINATOR THOMAS TO PROCEED WITH STEPS TO OBTAIN SECONDARY ROAD FUNDS FOR THE CONSTRUCTION OF BARBER AVENUE; AUTHORIZED THE CHAIRMAN OR VICE CHAIR- MAN TO SIGN THE APPLICATION TO THE STATE SUBJECT TO APPROVAL OF THE ATTORNEY; AND AGREED THAT AUTHORIZED PERSONNEL AND OFFICIALS BE EMP-OWERED TO EXECUTE ALL SUBSEQUENT VOUCHERS TO OBTAIN FUNDING FOR THE CONSTRUCTION OF BARBER AVENUE UP TO THE MAXIMUM OF $336,143.79, PLUS OTHER CONTRACTED ITEMS ASSOCIATED WITH THE CONSTRUCTION OF BARBER AVENUE, 57 AUG 2 21979 BOOK 41 n�u6 AUG 2 21979 Roos 41 FAUc47 VICE CHAIRMAN LAY REPORTED THAT A LETTER HAD BEEN RECEIVED FROM THE -TOWN OF INDIAN RIVER SHORES REPUESTING FUNDING INFORMATION FOR THEIR BUDGET HEARING, AND REQUESTED THAT THIS BE ADDED TO TODAY IS AGENDA. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADDED TO TODAY'S AGENDA THE EMERGENCY ITEMS REQUESTED BY VICE CHAIRMAN LAY. VICE CHAIRMAN LOY REQUESTED THAT.'COMMISSIONER SIEBERT REPORT ON THE FIRE DEPARTMENT SITUATION. COMMISSIONER SIEBERT REPORTED THAT HE, ATTORNEY COLLINS, ATTORNEY CLEM, AND ATTORNEY SUZANNE BODEN, MET ABOUT SIX WEEKS AGO TO DISCUSS SOME ALTERNATIVES FOR TAKING OVER THE INDIAN RIVER SHORES FIRE DEPARTMENT IN ACCORDANCE WITH THE AGREEMENT WE HAD WITH THEM THAT WHEN WE WENT INTO COUNTYWIDE PROTECTION, THE FACILITIES WOULD BE TURNED OVER TO THE COUNTY AT NO COST. HE STATED THAT MISS BODEN IN- DICATED THE TOWN WOULD BE WILLING TO GIVE OR LEASE ALL THE EQUIPMENT FOR THE $1.00 A YEAR AND LEASE THAT PORTION OF THE STATION BEING USED BY THE FIRE DEPARTMENT FOR THE SAME DOLLAR A YEAR, PROVIDED THE COUNTY WOULD BE RESPONSIBLE FOR PRO RATA MAINTENANCE AND ALL UTILITIES. SHE INDICATED THAT THEY WOULD ALSO REQUIRE ASSURANCE THAT THE PRESENT MANNING LEVEL WOULD.BE MAINTAINED EITHER AS A COUNTY OFFICE OR IF WE CONTRACT WITH THE CITY OF VERO BEACH, AND THE EQUIPMENT WOULD ALL REMAIN IN THE TOWN OF INDIAN RIVER SHORES WITH THE EXCEPTION OF THE 11000 GALLON PER MINUTE PUMPER, WHICH THE COUNTY COULD MOVE TO AN ALTERNATE SITE. COMMISSIONER SIEBERT CONTINUED THAT IN REGARD TO FUNDING THE STATION THIS YEAR, WE PROPOSED TO HAVE SOUTHERN-KELTON COME UP WITH THE COST PER TAXPAYER FOR THE UNINCORPORATED AREA OF THE COUNTY AND PRO RATE THAT TO THE TOWN OF INDIAN RIVER SHORES SO WE COULD ENTER INTO A CONTRACT WITH THEM FOR THE PRO RATA SHARE OF THEIR COST TO OPERATE THAT STATION. THAT WAS HOW IT LAST STOOD. AT THAT TIME ATTORNEY COLLINS WAS GOING ON VACATION, AND HE ASKED ATTORNEY CLEM TO GET WITH MR. KELTON AND COME UP WITH THE FIGURES. COMMIS- SIONER SIEBERT STATED THAT.HE ALSO CALLED MR. KELTON AND ASKED HIM TO CONTACT ATTORNEY CLEM, APPARENTLY NONE OF THEM GOT TOGETHER UNTIL LAST WEEK. WE DO NOT HAVE FIGURES FROM SOUTHERN-KELTON AND CANNOT GET THEM. MAYOR NOLAN STATED THAT THIS WAS A TOTAL SURPRISE TO HIM AND HE DIDN`T KNOW IT WAS TAKING PLACE, BUT HE STATED THEY WOULD BE RECEPTIVE TO HEARING A PROPOSAL BY THE COUNTY. THEY HAVE A FIGURE OF $52,000 IN THEIR BUDGET AS A CONTRIBUTION FROM THE COUNTY TOWARDS OPERATION OF THEIR FIRE STATION, BUT THEY WOULD BE GLAD TO HEAR ANOTHER PROPOSAL TOMORROW MORNING AT 9:00 A.M. WHEN THEY HOLD THEIR BUDGET HEARING. COMMISSIONER SIEBERT FELT IT IS IMPORTANT FOR THE BOARD TO DECIDE WHAT WE ARE GOING TO DO ONE WAY OR THE OTHER, I.E. WHETHER WE ARE GOING TO FUND THE STATION OUT OF THE MUNICIPAL SERVICE FUND, GIVE THEM THE $52,0001 OR SOMETHING LESS THAN THAT, OR WHETHER WE ARE GOING TO PURSUE THE ACQUISITION OF THAT STATION WITH A CONTRACT WITH INDIAN RIVER SHORES FOR THEIR PRO RATA SHARE. COMMISSIONER SIEBERT FELT IF WE ACQUIRE THE STATION, WE WILL ACCOMPLISH SEVERAL THINGS - END CONTROVERSY AND THE LAWSUIT AND HELP IN ESTABLISHING THE SOUTH COUNTY FIRE DISTRICT. COMMISSIONER LYONS STATED THAT HE WOULD LOVE TO SETTLE THE CONTROVERSY AND GET THE EQUIPMENT, BUT HE DID NOT FEEL WE ARE READY TO GET IN THE FIRE DEPARTMENT BUSINESS. HE DID AGREE, HOWEVER, THAT IF WE GET THE INDIAN RIVER SHORES STATION AND EQUIPMENT, WE WILL HAVE A DIFFERENT VOICE THAN WE HAD BEFORE. ATTORNEY COLLINS NOTED THAT WE MUST CONSIDER THE POSSIBILITY THAT THE TOWN IS NOT AT ALL INTERESTED. CONSIDERABLE DISCUSSION FOLLOWED ON HOW THIS WOULD BE FUNDED, IF IT COULD BE ACQUIRED, AND WHAT PRESENTATION SHOULD BE MADE TO THE TOWN OF INDIAN RIVER SHORES. ATTORNEY COLLINS ASKED IF HE COULD EFFECTIVELY SAY THAT FOR THE FIRST YEAR, FUNDS WOULD BE RAISED THROUGH AD VALOREM TAXATION AND WHEN THE SPECIAL DISTRICT IS SET UP, IT WILL BE ASSESSED TO THE SPECIAL DISTRICT. COMMISSIONER SIEBERT POINTED OUT THAT WE TOLD THE NORTH COUNTY THAT ANYTHING IN THE SOUTH COUNTY WOULD NOT BE FUNDED BY AD VALOREM TAX DOLLARS, AND COMMISSIONER DEESON AGREED. COMMISSIONER SIEBERT SUGGESTED IF WE GOT THE 1,000 GALLON PER MINUTE PUMPER, WE COULD LET SEBASTIAN USE IT FOR ONE YEAR, BUT COMMISSIONER DEESON STATED THAT HE WOULD BE -RELUCTANT TO AGREE TO THAT ON A TEMPORARY BASIS. AUG 2 21979 59 BooK 41 PArt 428 AUG 2 21979 Boa 29 VICE CHAIRMAN LOY ASKED ABOUT USING REVENUE SHARING MONIES FOR ALL OF THE FIRE PROTECTION. ATTORNEY COLLINS STATED THAT HE SUGGESTED THE GENERAL AD VALOREM SOURCES BECAUSE OF THE BENEFITS THAT WOULD ACCRUE TO THE SURROUNDING AREAS. HE NOTED THAT IT DOESN'T HAVE TO INCLUDE ALL THE AREAS IN ORDER TO BE VALID, PARTICULARLY WITH A LADDER TRUCK. HE FELT THERE IS NO QUESTION THAT IT IS A REAL AND SUBSTANTIAL BENEFIT. COMMISSIONER SIEBERT STATED THAT HE UNDERSTOOD WHAT THE ATTORNEY IS SAYING AND AGREES IN PRINCIPLE, BUT HE DID NOT WANT TO GO BACK ON HIS WORD. FINANCE OFFICER BARTON NOTED THAT THE REPORT TALKS ABOUT FLORIDA REVENUE SHARING AND FEDERAL REVENUE SHARING. ATTORNEY COLLINS COMMENTED THAT THE LAW IS VERY UNCLEAR ON THAT POINT. IT SEEMED TO HIM THAT THE NORTH COUNTY CAN RECEIVE APPRO- PRIATE OFFSETS THAT WOULD SATISFY THEM FOR A ONE YEAR PERIOD UNTIL WE CAN GET THE DISTRICT SET UP, AFTER THAT IT SHOULD NOT BE AN AD VALOREM TAX. IF YOU DO IT THAT WAY, YOU DON T NEED THE CONTRACT SINCE THEY WILL BE PAYING THEIR SHARE TO THE AD VALOREM TAX, THE FOLLOWING YEAR YOU WOULD SET UP SOME OTHER METHOD OF FUNDING, AND YOU MAY VERY WELL HAVE TO CONTRACT. COMMISSIONER DEESON ASKED WHAT YOU WOULD OFFER THE NORTH COUNTY AS A COMPROMISE. HE NOTED THEY HAVE CUT THEIR BUDGET AND ARE SATISFIED WITH THEIR EQUIPMENT. ATTORNEY COLLINS STATED THAT WHAT YOU HAVE TO OFFER THEM IS ONE PIECE OF EQUIPMENT AND THE AVAILABILITY OF REVENUE SHARING FUNDS TO SUPPLEMENT WHATEVER IS NEEDED IN THE COUNTY FOR EQUIPMENT. YOU WILL SET UP A DISTRICT WHICH WILL FORMULATE THE OTHER CAPITAL NEEDS YOU HAVE. HE NOTED THAT THIS IS A NEW OPPORTUNITY THAT HAS ARISEN SINCE THE PREVIOUS DISCUSSION WITH THE PEOPLE IN THE NORTH COUNTY. COMMISSIONER DEESON AND COMMISSIONER SIEBERT BOTH FELT THAT THIS WOULD BE USING THE NORTH COUNTY TO DO WHAT YOU WANT IN THE SOUTH COUNTY. ATTORNEY COLLINS EMPHASIZED THAT HE FELT THE PEOPLE WHO ARE GOING TO RECEIVE THE BENEFIT FROM THE EQUIPMENT SHOULD PAY FOR IT AND NOTED THAT THE MAIN TAX BASE IS DOWN IN THE SOUTH COUNTY. HE EN- VISIONED IMMEDIATELY EMBARKING ON MUTUAL TRAINING PROGRAMS) USE OF THE LADDER TRUCK, AND BETTER COMMUNICATION BETWEEN FIRE DEPARTMENTS, HE POINTED OUT THAT IF YOU FUND IT ENTIRELY OUT OF THE MUNICIPAL SERVICE DISTRICT, THEN THE CITY ISN'T PAYING FOR SOMETHING THEY ARE REALLY GOING TO GET THE BENEFIT FROM. COMMISSIONER LYONS NOTED THAT THERE HAS TO BE A START-UP TIME WHEN EVERYTHING MAY NOT BE ENTIRELY FAIR, BUT HE FELT TO GET THIS FIRE DEPARTMENT IN THE HANDS OF THE COUNTY WOULD BE A LARGE STEP TOWARDS BRINGING ABOUT A SOUTH COUNTY FIRE DISTRICT. HE FELT ALTHOUGH IT MAY NOT BE FAIR IN THE BEGINNING, IN THE LONG RUN IT WILL GET STRAIGHTENED AROUND. COMMISSIONER Loy WAS OF THE OPINION THAT IF IT IS ONLY ONE YEAR WE ARE LOOKING AT, THAT WE WOULD BE BETTER OFF TO LET THE CITY OF VERO BEACH.ENJOY SOME BENEFITS AND THEN WE WOULD BE IN THE POSI- TION TO GO BACK TO THE NORTH COUNTY IN A POSTURE OTHER THAN WHERE WE HAVE LEFT THEM. ATTORNEY COLLINS COMMENTED THAT WE HAVE SUFFICIENT NON AD VALOREM SOURCE FUNDS NOW TO COVER THE DUAL TAXATION QUESTIONS. IF YOU TAKE ON THE BURDEN OF THE INDIAN RIVER SHORES FIRE STATION, YOU HAVE TO FUND IT EITHER THROUGH AD VALOREM OR NON AD VALOREM SO YOU GET DOWN TO THE POINT OF FUNDING THE DIFFERENCE THROUGH FEDERAL REVENUE SHARING. COMMISSIONER Loy STATED THAT SHE IS JUST THINKING OF ONE YEAR AND WOULD HATE TO DISRUPT ANYTHING IN THE NORTH COUNTY. COMMISSIONER SIEBER WAS OF THE OPINION THAT WITHIN A YEAR WE ARE GOING TO HAVE TO DECIDE ONE OF TWO THINGS - WHETHER WE ARE GOING TO GET IN THE FIRE PROTECTION BUSINESS OR HAVE A SOUTH COUNTY DISTRICT. ATTORNEY COLLINS FELT THAT THE THING TO BE CONSIDERED THEN IS WORKING OUT A FORMULA WITH THE TOWN OF INDIAN RIVER SHORES FOR THEIR CONTRIBUTION TOWARDS OPERATION OF THE FIRE STATION, IF THERE IS TO BE A CONTRIBUTION. COMMISSIONER SIEBERT FELT THEY ARE RECEIVING A VERY DIRECT BENEFIT AND THAT THEY WILL HAVE TO CONTRIBUTE SOMETHING. HE NOTED 61 AUG 2 21979 Bou 41 PnAf", AUG 2 21979 kaa 41 PAU31 - THEY ARE TALKING ABOUT A $200,000 BUDGET, AND $186,000 IS JUST FOR SALARIES AND BENEFITS; SO IF THEY ONLY HAVE TO PAY $50,000, THEY ARE $130,000 BETTER OFF. COMMISSIONER Loy COMMENTED SINCE THERE HAS BEEN AN APPARENT BREAKDOWN OF COMMUNICATIONS AND BASED ON THE SOS FROM THE TOWN OF INDIAN RIVER SHORES THAT THEY ARE HAVING A BUDGET HEARING, SHE WOULD FEEL THE BEST WE CAN DO IS PRESENT OUR TENTATIVE IDEAS AND GET A REACTION FROM THE TOWN AS TO THE COUNTY COMING IN, PAYING THE $1.00, AND TAKING OVER THE FIRE STATION. ATTORNEY COLLINS INFORMED THE BOARD THAT HE WILL ATTEND THE INDIAN RIVER SHORES MEETING AT 9:00 A.M. AND HOPED A COMMISSIONER WOULD ACCOMPANY HIM. COMMISSIONER SIEBERT INDICATED THAT HE WOULD TRY TO REARRANGE HIS SCHEDULE SO THAT HE COULD BE THERE. VICE CHAIRMAN LOY ANNOUNCED THAT THE BOARD WOULD AT THIS TIME RETURN TO CONSIDERATION OF THE FEDERAL REVENUE SHARING BUDGET AND REVIEW THE FIGURES PRESENTED BY THE FINANCE OFFICER. SHE NOTED THAT THE FIGURES PRESENTED BY THE FINANCE OFFICER OUTLINE CAPITAL ITEMS IN THE AREAS WE HAVE TENTATIVELY APPROVED THEM, BUT WE STILL NEED TO APPROPRIATE $202,943 SHE ASKED IF ENERGY AND RESOURCE RE- COVERY COULD COME UNDER COUNTY DEVELOPMENT, AND COMMISSIONER LYONS FELT THAT WOULD BE FINE. INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT UNDER THE NEW REGULATIONS, YOU CAN MAKE LINE TO LINE TRANSFERS WITHOUT A BUDGET AMENDMENT AS LONG AS THE TOTAL DOES NOT EXCEED 25% OF THE TOTAL BUDGET, WHICH GIVES A LOT MORE LATITUDE. FINANCE OFFICER BARTON SUGGESTED THAT THE RESERVE FOR CONTIN- GENCY BE REDUCED TO SOMEWHERE BETWEEN $200,000 AND $400,000 AND APPLIED TO THE LINES DISCUSSED THIS MORNING. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AGREED TO PUT $202,943 INTO COUNTY DEVELOPMENT, ADD $150,000 UNDER COUNTY PARKS AND ADD $100,000 UNDER ROAD & BRIDGE, REDUCING THE RESERVE FOR CONTINGENCIES TO $200,000. ATTORNEY COLLINS INFORMED THE BOARD THAT THE FINANCE OFFICER HAS A PROBLEM IN PULLING EVERYTHING TOGETHER BECAUSE MONDAY WE WILL BE STARTING IN ON THE PROPERTY APPRAISAL ADJUSTMENT BOARD HEARINGS WHICH WILL GO ON FOR A NUMBER OF WEEKS AND THREE COMMISSIONERS WILL BE AT THESE HEARINGS ALL DAY LONG. AT SOME POINT WE NEED TO WORK IN AT LEAST ONE MORE WORKSHOP SO WE CAN PUT TOGETHER A TENTATIVE BUDGET THAT CAN BE ADVERTISED PRIOR TO THE FINAL HEARING ADOPTING THE BUDGET. IN FURTHER DISCUSSION, IT WAS DECIDED THAT INSTEAD OF TRYING TO HAVE A NIGHT MEETING, ONE COMMISSIONER WOULD LEAVE THE PROPERTY APPRAISAL ADJUSTMENT BOARD MEETING AND ATTEND THE WORKSHOP MEETING WITH COMMISSIONERS LOY AND SIEBERT. RESOLUTION N0, 79-65 IS HEREBY MADE A PART OF THE MINUTES AS ADOPTED AT THE MEETING OF AUGUST 8, 1979. AUG 2 2 1979 63 EOOK� FAGE � L J Fr- 'I AUG 2 21979 WK 41 pm-jr-433 RESOLUTION NO. 79-65 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA That the Board hereby authorizes the borrowing of ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($125,000.00) either through a Tax Anticipation Note or Bond Anticipation Note for the purpose of obtaining interim financing for the GIFFORD WATER EXPANSION PROGRAM, PHASE II; and BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners is hereby authorized to execute the necessary loan documents to effectuate said loan. Said Resolution shall become effective as of the 8th day of August , 1979. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY Wi liam C. Wodtke, Jr., ^&irman Attest: a O. 11..L. C,i i Freda Wright, Cler*c RESOLUTION N0, 79-59 AND ACCOMPANYING EASEMENT TO THE COUNTY FROM B. F. CHAMBERLAIN REAL ESTATE COMPANY AND RELEASE OF EASEMENT TO SAID COMPANY FROM INDIAN RIVER COUNTY ARE HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE REGULAR MEETING OF JULY 5, 1979. W AUG 2 21979 BOOK �-. PACE4 4 AUG 2 21979 41,PAGE 48-5 RESOLUTION NO. 79-59 WHEREAS, THE BOARD OF COUNTY COMMISSIONER OF INDIAN RIVER COUNTY have been requested to release the lot line easements of the following descriptions: the east five (5) feet of Lot 4; the east five (5) feet of Lot 3; the east five (5) feet of Lot 2 excepting therefrom that part of the easement lying within the right of way for State Road 60; the west five (5) feet of Lot 25 excepting therefrom that part of the easement lying within the right of way for State Road 60; the west five (5) feet of Lot 24; the west five (5) feet of Lot 23; Block J. PARADISE PARK SUBDIVISION, Unit 2, recorded in Plat Book 3, page 77, Public Records of Indian River County, Florida; and WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY deem it necessary to accept a grant of easements on the lot lines as follows: north ten (10) feet of lot 23; north ten (10) feet of lot 4; Block J, PARADISE PARK SUBDIVISION, Unit 2, recorded in Plat Book 3, page 77, Public Records of Indian River County, Florida; and WHEREAS, the easements to be released were created on the Plat of PARADISE PARK, Unit 2 for drainage and public utility purposes, and WHEREAS, the easements to be granted are to be for public utility and drainage purposes; and WHEREAS, the permission to release the easements running north -south and grant the easements running east -west has been obtained from the fee simple title holder as reflected by the Public Records of Indian River County, Florida; and WHEREAS, the request has been submitted in proper form; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following lot line easements in PARADISE PARK UNIT Z, shall be released, abandoned and vacated as follows: the east five (5) feet of Lot 4; the east five (5) feet of lot 3; the east five (5) feet of Lot 2 excepting therefrom that part of the easement lying within the right of way for State Road 60; the west five (5) feet of Lot 25 excepting therefrom that part of this easement lying within the right of way for State Road 60; the west five (5) feet of Lot 24; the west five (5) feet of Lot 23; Block J, PARADISE PARK SUBDIVISION, Unit 2, recorded in Plat 3ook 3, Page 77, Public Records of Indian River County, Florida. BE IT FURTHER RESOLVED that the Chairman of the BOARD OF COUNTY COMMISSIONERS 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. BE IT FURTHER RESOLVED, that the following lot line easements in PARADISE PARK UNIT 2, are hereby granted as follows: The north ten (10) feet of Lot 4; The north ten (10) feet of Lot 23; Block J, PARADISE PARK UNIT 2, recorded in Plat Book 3, page 77, Public Records of Indian River County, Florida. • 5th July This day of , 1979. BOARD OF COUNTY COMMISSIONER OF INDIAN RIVER COUNTY, FLORIDA BY William C. Wodtke, Jr., Chair ATTEST: �,U I 0��Ajl Freda -Wright, C e AUG 2 2 1979 Bou 4i FADE 436 AUG 2 21979 236934 Boos 41 437 EASEMENT This Agreement, made in the City of Vero Beach, State of Florida, on 5th day of July , 1979, by B. F. CHAMBERLAIN REAL ESTATE COMPANY, A Michigan Corporation, party of the first part and the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, apolitical subdivision of the State of Florida, herein called party of the second part. Whereas, the party of the first part represents and warrants that he owns and has fee simple title to that certain parcel of real estate located in the County of Indian River, State of Florida, more particularly bounded and described as follows: The north ten (10) feet of Lot 4; The north ten (10) feet of Lot 23; Block J. PARADISE PARK UNIT 22 recorded in Plat Book 32 page.772 Public Records of Indian River County, Florida. Whereas, the party of the second part desires to use said property for Public Utility and Drainage purposes. Now, therefore, it is mutually agreed as follows: The party of the first part does hereby grant, assign and set over to the party of the second part an easement for public and private utility and drainage purposes, together with the right of ingress and egress therefrom described as follows: The north ten (10) feet of Lot 4; The north ten (10) feet of Lot 23; Block J, PARADISE PARK UNIT 2, recorded in Plat Book 3, Page 772 Public Records of Indian River County, Florida. Except as herein granted, the party of the first part shall continue to have the full use and enjoyment of the property. To have and to hold the said easement unto the party of the second part and unto his successors and assigns forever. In witness whereof, the parties hereto have duly executed this agreement. (Two witnesses as to each signature required) 1 ' `F- cretary Corpor&te " Sea I ooKO ! SAGE 0 8 3 5 STATE OF MICHIGAN COUNTY OF OAKLAND I HEREBY CERTIFY that on this day before me an officer duly authorized to take acknowledgments in the State and County aforesaid, personally appeared B. F. Chamberlain and Richard T. Schwandt, to me known to be the persons duly authorized by the B. F. CHAMBERLAIN REAL ESTATE COMPANY to execute the foregoing instrument, and they acknowledged before me that they executed the same for and on behalf of said Company. ELAINE R. SWANSON Notary Public, Oakland Count.,, Mirk, My Commission Expires April This instrument prepared by: Joseph R. Cianfrone Attorney at Law 3720 - 20th Street Vero Beach, Florida 32960 (305) 567-6809 Notary Public '+ sJ o� �, °C C -V-iEi4T.A,QY.^:F� � STa9,TAP ' C-ZIrEPT.01 FEVENUE r' tJ\ TAXI -, N `, f r y ^' P.B. — OCT 15' i 9 (;\circ U. 40 r - a s C-0 s��JC zt c=) � � © t.'Ttp �O`Ti O tS7 C)c p- t M oa 1� oRO5g2FAEE083G AUG 2 21979 -RELEASE OF EASEMENT 112 This Release of Easement, executed this 5 day of July moK 41 FAPF 439 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, first party to B. F. , 1979, CHAMBERLAIN REAL ESTATE COMPANY, a Michigan Corporation, 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 said second party, does hereby remise, release, abandon and quit claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described easements, lying on land situated in the County of Indian River, State of Florida, to -wit: The east five (5) feet of Lot 2 excepting therefrom that part of the easement lying within the right of way for State Road 60; the east five (5) feet of Lot 3; the east five (5) feet of Lot 4; the west five (5) feet of Lot 23; the west five (5) feet of Lot 24; the west five (5) feet of Lot 25 excepting.therefrom that part of the easement lying within the right of way for State Road 60, Block J, PARADISE PARK UNIT 2, recorded in Plat Book 3, page 77, Public Records of Indian River County, Florida. TO HAVE AND TO HOLD the same with all and singular the appurtenances 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. Sioned, sealed and delivered in the presences of: BOARD OF CIU;,TY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA f% BY William C. Wodtke, Jr., Ch9feman Attest: Freda Wright, Clerk ±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 acknowledgments, personally appeared r WILLIAM C. WODTKE, JR., as Chairakin of Lhc BOARD 0l COJPdry COMMISSIONERS OF INDIAN RIVER COUNTY, a political subdivision of the State of Florida, and FREDA WRIGHT, as Clerk of the Circuit Court, to me known to b:-: t:ie persons duly authorized by said County to execute the foregoing instrulrent, and they acknowledged before me that they executed the same for and on behalf of said political subdivision. WITNESS MY HAND AND SEAL in the County and State last aforesaid this �AAA day of�� , 1979. { • • r aA Notary Public, Si� ;� of Florida at La My Commission Expires: (Notary Sea]) This instrument prepared by: Joseph R. Cianfrone Attorney At Law 3720 - 20th Street Vero Beach, Florida 32960 305 567-6809 AUG 2 2 1979 BOOK 41 PASE40 AUG 2 21979 poor 1 PA,r -. RESOLUTION N0. 79-72 AND ACCOMPANYING RELEASE OF EASEMENT TO WILLIAM AND MARY RAID IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE REGULAR MEETING OF AUGUST 8, 1979. 72 RESOLUTION NO. 79-72 WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY have been requested to release the lot line easements of the following descriptions: the south five (5) feet of Lot 17; the north five (5) feet of Lot 19; WINTER BEACH PARK SUBDIVISION, recorded in Plat Book 10, Page 7, Public Records of Indian River County, Florida; and WHEREAS, the easements to be released were created on the Plat of WINTER BEACH PARK for drainage and public utility purposes; and WHEREAS, there exists a twenty (20) foot easement for drainage and public utility purposes on the rear lot lines of said Lots 17 and 19; and a ten (10) foot easement in the south ten (10) feet of Lot 19 for drainage and public utility purposes; and WHEREAS, the permission to release the easements between the said Lots 17 and 19 has been obtained from the fee simple title holder as reflected by the Public Records of Indian River County; and WHEREAS, the request has been submitted in proper form; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following lot line easements in WINTER BEACH PARK shall be released, abandoned and vacated as follows: the south five (5) feet of Lot 17; the north five (5) feet of Lot 19; WINTER BEACH PARK SUBDIVISION, recorded in Plat Book 10, Page 7, Public Records of Indian River County, Florida. BE IT FURTHER RESOLVED that the Chairman of the BOARD OF COUNTY COMMISSIONERS and the Clerk of the Circuit Court be and they AUG 2 21979 $00K FACE AUG 2 21979 1 41 FAGS 443 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 8th day of August ATTEST: c- Freda Wright, CTeyrk/ 1979. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By William C. Wodtke, Jr., C irman RELEASE OF EASEMENT THIS RELEASE OF EASEMENT, made and executed this 8th day of August , 1979, between INDIAN RIVER COUNTY, FLORIDA, party of the first part, and WILLIAM L. HAID and MARY E. HAID, his wife, parties of the second part; WITNESSETH: For and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable considerations, in hand paid by the parties of the second part, the receipt whereof being hereby acknowledged, the said party of the first part does herewith release, discharge and quit claim unto the said parties of the second part, their heirs, legal repre- sentatives, and assigns, forever, the easements in favor of the party of the first part on real property situated in Indian River County, Florida, which said easements are as follows: the south five (5) feet of Lot 17; the north five (5) feet of Lot 19; WINTER BEACH PARK SUBDIVISION, recorded in Plat Book 10, Page 7, Public Records of Indian River County, Florida. IN WITNESS WHEREOF, the party of the first part, by virtue of the authority vested by law in the Board of County Commissioners, and for and on behalf of the County of Indian River, State of Florida, have caused these presents to be executed in its name by its Chairman and its seal to be affixed, attested by its Clerk of the Circuit Court. Signed, sealed and delivered in the presence of: 17VW 6 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By William C. Wodtke, Jr., Chairman 0 ATTEST-: FREDA WRIGHT, Clerk of the Circuit Court Boa 41 PA;E 444 By ti//6 AUG 2 21979 _ moK 41 P: U-445 State of Florida County of Indian River I Hereby Certify that on this day, before me and officer duly authorized in the State of County aforesaid to take acknowledgements, personally appeared William C. Wodtke Jr, as Chairman of the Board of County Commissioners of Indian River County, State of Florida. And acknowledged before me executing the above and foregoing instrument, in the presence of two subscribing witnesses, freely and voluntarily, under the authority duly vested in him by law, and that the seal of the said Board of County Comm- issioners of Indian River County, State of Florida, af- fixed thereto is the true seal of the foregoing, Witness my hand a d official seal in said state and county this day of September 1979, My Commission Expires: r..,.: y r't isi, stz:^ Oi FlC.`id3 at Ldrn3 SPpt. i4�3 ,ILaadaJ BY Ai,niictn Iiru Z�C n.... (iY Comj.e nY M M T-iE SEVERAL BI LLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FU°JD .]o. 62692 - 62972 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 4:45 O'CLOCK P.M. ATTEST: CLERK 30d&'-L CHAIRMAN AUG 2 21979 77 900K :,L