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Home My WebLink About10/10/1979WEDNESDAY, OCTOBER 10, 1979 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, OCTOBER 10, 1979, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLARD W. SIEBERT, JR.; R. DON DEESON; AND PATRICK B. LYONS. ALSO PRESENT WERE NEIL NELSON, ASSISTANT COUNTY ADMINISTRA- TOR; GEORGE G. COLLINS, ,JR., ATTORNEY TO THE BOARD OF COUNTY COMMIS- SIONERS; .JEFFREY K. BARTON, FINANCE OFFICER; BALIFF DAN FLEISCHMAN; AND VIRGINIA HARGREAVES, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER DEESON LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND FRED MCCLELLAN, FIRST PRESBYTERIAN CHURCH, GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORREC- TIONS TO THE MINUTES OF THE SPECIAL MEETING OF AUGUST 17, 1979. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF AUGUST 17, 1979, AS WRITTEN. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 79-97 HONORING SHERIFF SAM T. JOYCE FOR HIS 25 YEARS OF SERVICE AS SHERIFF OF INDIAN RIVER COUNTY, WHICH RESOLUTION WILL BE PRESENTED LATER IN THE MEETING. OCT 101979 BOOK 41 FAuF 629 F, o WHEREAS, SAM T. JOYCE served as Deputy Sheriff of Indian River County, Florida under Sheriff L. B. O'Steen for 2 1/2 years � and upon the death of Sheriff O'Steen, SAM T. JOYCE was appointed by Governor Johns to fill the unexpired term of Sheriff O'Steen; and > WHEREAS, SAM T. JOYCE was elected Sheriff of Indian River County by a "write-in" vote in November of 1954; and WHEREAS, SAM T. JOYCE is presently serving his fifth term as Sheriff of Indian River County and this year marks his 25th year of serving Indian River County as its Sheriff; and WHEREAS, SAM T. JOYCE has served Indian River County not only in his capacity as Sheriff but by serving on various civic organizations benefiting Indian River County among them being: ' Kiwanis Club and served as President in 1959; Chamber of Commerce and served as Director in 1961; Co -Chairman of the County Bicentennial Committee; Director of Economic Opportunity Council; Advisor for Safety City; Member of Alcohol Substance and Drug Abuse Council; ' Director for Indian River Safety Council; , > Director for Mental Health Association; Chief Deputy for KIC, PUT, & SAP(Keep it Clean, Pick up Trash, Stop all Pollution; and WHEREAS, SHERIFF SAM T. JOYCE has earned many special awards Pring his tenure as Sheriff of Indian River County, Florida, among ' them being: , Exchange Club Award for"Courageous Service"; National Child Safety Council Award for Combating Drug Abuse American Cancer Society Award for "Outstanding Service"; Pilot Club Community Service Award; Jaycee "Good Government" Award; National Gold Award for KIC, PUT &.SAP for 7 consecutive Years; and WHEREAS, the Board of Commissioners of Indian River County kes this opportunity to honor one of its distinguished citizens ile he remains in office and continues to serve our County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- SSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the Board on behalf itself and its citizenry, honors SAM T. JOYCE for his 25 years of dicated service as Sheriff of Indian River County; and BE IT FURTHER RESOLVED that the Board wishes SAM T. JOYCE ontinued success in his chosen field of endeavor. H �® Said Resolution shall become effective as the 10th day of October , 1979. W4XM-V-- C - Y dx. Chairman,County Com stoners ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED ISSUANCE OF DUPLICATE TAX SALE CERTIFICATE NO-, 68 TO OVER -SEAS DEVELOPMENT CO, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED ISSUANCE OF DUPLICATE TAX SALE CERTIFICATE No. 970 To DUANE SUDBROCK. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLL, COUNTY COURT, AUG. -SEPT. TERM, 1979, IN THE AMOUNT OF $101.86. THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: REPORT OF CONVICTIONS, CIRCUIT COURT, SEPTEMBER, 1979 REPORT OF TRAFF C VIOLATION BUREAU - SPECIAL TRUST FUND, SEPTEMBER, 179 TRAFFIC VIOLATION FINES BY NAME, SEPTEMBER, 1979 ATTORNEY COLLINS DISCUSSED REQUEST MADE BY ATTORNEY THATCHER THAT THE EXCESS PROCEEDS OF A TAX DEED SALE BE PAID TO MRS. ALFAROSE FARMER EDWARDS. ATTORNEY COLLINS INFORMED THE BOARD THAT IT APPEARS THE CLERK DISBURSED THE FUNDS IN 1977, AND THE STATUTE BARS PAYMENT BY THE BOARD AFTER TWO YEARS FROM PAYMENT TO THE BOARD. FINANCE OFFICER BARTON EXPLAINED THAT THERE IS A COMPLICA- TION. THE CLERK'S OFFICE RECEIVED THE MONEY IN AUGUST, AND MRS. EDWARDS DID MAKE AN INQUIRY WHICH WAS FORWARDED FROM DEPARTMENT TO DEPARTMENT AND NEVER REACHED HIS OFFICE UNTIL THE TWO YEARS HAD EXPIRED. DISCUSSION CONTINUED ABOUT MRS. EDWARDS NOT BEING GIVEN THE PROPER DIRECTIONS TO ENABLE HER TO CONTACT THE CORRECT DEPART- MENT WITHIN THE TIME LIMIT, AND ATTORNEY COLLINS FELT IT ALL BOILS DOWN TO A QUESTION OF WHETHER THE BOARD THINKS THE INQUIRIES MADE WERE SUFFICIENT TO CONSTITUTE A REQUEST FOR REPAYMENT. HE ASKED THAT A LEGIBLE COPY OF MRS. EDWARD'S LETTER OF REQUEST BE OBTAINED BEFORE THE BOARD REACHED A DECISION, AND THE MATTER WAS HELD OVER TEMPORARILY. 3 � OCT 101979 t;ja 41 ME 631 OCT 101979 Poo 41 PAGE 632 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED ADMISSION OF DALE PATRICK SWEETING TO THE FLORIDA SCHOOL FOR THE DEAF AND THE BLIND AND AUTHORIZED THE SIGNATURE OF ALL BOARD MEMBERS v FLORIDA SCHOOL FOR THE DEAF AND THE BLIND WrLr.iAns J. MCCLURE, President ST. AUGUSTINE, FLORIDA TO THE BOARD OF TRUSTEES (Date) ..... Octob2r 10,........19.79 .................... Gentlemen: Dale Patrick Sweeting This is to certify that the bearer, ..... is a resident of this county and that .......he... is entitled to free admission to the Florida School for the Deaf and the Blind. 71 (Signed)....,. 2:.. '.............................................. i � J r........ _.................. ............... Board of County Commissioners of Indian River ................................................County. O—Form 7 oil ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR RITA SAUERMAN, VOLUNTEER COORDINATOR FOR THE VOLUNTEER YOUTH GUIDANCE PROGRAM, TO ATTEND A CONFERENCE SPONSORED BY THE NATIONAL ASSOCIATION ON VOLUNTEERS IN CRIMINAL .JUSTICE TO BE HELD IN BILOXI, MISSISSIPPI, OCTOBER 6-11, ASSISTANT ADMINISTRATOR NELSON REPORTED ON THE PROPOSED NEW AGREEMENT BETWEEN THE COUNTY AND THE OPERATOR OF BLUE CYPRESS LAKE PARK, JONEAL MIDDLETON. HE INFORMED THE BOARD THAT IN THE UP- DATED AGREEMENT, THEY HAVE EXPANDED SOME OF MR. MIDDLETON'S DUTIES AND NOW HAVE INCLUDED A LIST OF THE EQUIPMENT. FINANCE OFFICER BARTON STATED THAT MR. MIDDLETON BRINGS THEM THE FIGURES ON THE OPERATION OF THE PARK WHEN HE FILLS UP A RECEIPT BOOK, AND COMMISSIONER LOY FELT POSSIBLY WE SHOULD CHANGE THE REPORT TO QUARTERLY INSTEAD OF MONTHLY. COMMISSIONER LOY THEN DISCUSSED PARAGRAPH 2 (E) RELATING TO MAINTENANCE OF EQUIPMENT, AND THE ASSISTANT ADMINISTRATOR EXPLAINED THAT MR. MIDDLETON IS -RESPONSIBLE FOR THE NORMAL DAILY MAINTENANCE OF. THE LISTED EQUIPMENT; IF THE EQUIPMENT SHOULD BREAK DOWN, IT IS THE COUNTY'S RESPONSIBILITY TO BRING IT IN AND REPAIR IT. CHAIRMAN WODTKE ASKED WHO SETS THE FEES FOR CAMPING, AND -MR. NELSON STATED'THAT THE BOARD DOES. HE CONTINUED THAT MR."MIDDLETON HAS REQUESTED THAT WE PROVIDE ELECTRICAL SERVICE OUT THERE. WITH ELECTRICAL FACILITIES, WHICH HE ESTIMATED WOULD COST ABOUT $500.00 TO INSTALL, MR. MIDDLETON FELT THE CAMPING FEE COULD BE RAISED TO ABOUT $6.00 A NIGHT. MR. NELSON NOTED THAT THE RATE HAS NOT BEEN CHANGED FOR A NUMBER OF YEARS AND STATED THAT HE ASKED MR. MIDDLETON TO COME UP WITH A PROPOSAL. DISCUSSION CONTINUED, AN -D IT WAS NOTED THAT RATES ARE NOT INCLUDED IN THE PROPOSED AGREEMENT; THEY WERE SET BY RESOLUTION -QUITE SOMETIME AGO AND WILL BE HANDLED SEPARATELY. ON MOTION BY COMMISSIONER SIEBERT,.SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE AGREEMENT WITH .JONEAL MIDDLETON, SUPERVISOR OF BLUE CYPRESS LAKE PARK, 5 OCT 10 1979 ROCK 41 PrE 633 0 CT 10 1979 poor 4t PAIN634 A G R E E M E N T WHEREAS, INDIAN RIVER COUNTY is the owner and operator of Blue Cypress Park located on the Blue Cypress Lake; and WHEREAS, because of an increase in use of the Park certain prob'ie,:is have arisen; and WHEREAS, in order to enforce County regulations and collect fees at the Park it is necessary to have someone representing the County at the Park at all times; NOW, THEREFORE, in consideration of the following mutual covenants and agreements INDIAN RIVER COUNTY, FLORIDA , herein- after called "County", and JONEAL MIDDLETON, hereinafter called "Supervisor" do agree as follows: 1County appoints Joneal Middleton as Supervisor of the Blue Cypress Lake County Park with full authority to enforce rules and regulations as established by this Board for the Park. 2. Supervisor shall have the following duties: a. Check all campers in and out of the Park, and collect the appropriate fee. b. Maintain records and account monthly to the Board on all fees collected. c. Keep the Park clean and mow grass in camping and adjacent areas. d. Mai -main restroom facilities in a clean and working condition. e. Maintain the following County equipment: i. #002663, Garbage Truck Attachment - 170 Gallon Container ii. #002664, Garbage Truck Attachment - 170 Gallon Container #002665, Garbage Truck Attachment - 170 Gallon Container iv. #002891, Mower, Comet, Riding Type - 1977 Snapper, SN 0883745 V. #002660, Truck, Ford, 1979 (Pak -rat) - SN 7504455 - F370YNW60859 vi. #003279, Mower, Fly -mo - 1979, SN 019693 vii. #002900, Meyers Jet Pump, 1977 - SN 16673476 f. Insure 24-hour supervision of the Park. 3. County will be responsible for the following: a. Periodic grading of roads in the camp area. b. Furnishing required equipment as County shall determine. c. Provide maintenance service for the furnished equipment. d. Provide all institutional and janitorial supplies. e. Provide list of County -owned equipment. 4. County authorizes Supervisor to maintain the following on the Park: a. Bait and Tackle Shop. b. House Trailer. c. Utility Buildings. d. Boat Rentals. 5. Both parties agree Supervisor is an independent contractor and nota County employee. As such, Supervisor -agrees to pay all taxes lawfully levied against Supervisor's business or County owned land upon which business is conducted; all sales tax, other levies, assessments or taxes; agrees to maintain liability insur- ance with County as an additional insured; agrees to hold County harmless from damages arising out of any act of the Supervisor or his family or -employees. 6. In consideration of the duties and reaponsibilities assumed by Supervisor, he may retain 50'.1 of all camping fees colic—led by him for the County and will monthly pay to the County the other 50`x- 7. Supervisor's books and records shall be open to County inspection and audit at any time. 8. This Agreement shall continue for a period of five (5)... years except the splitting of fees may be reviewed and changed _ by the County on an annual basis. 9. Either party may revoke this Agreement at any time by giving the other party sixty (60) days notice in writing. 2 1 Fa ,F 635 OCT 10 1979 OCT 101979 FE1GF 41 wa636 10. County recognizes that Supe-rvisor is providing a governmental service that County normally would provide and this Agreement will result in a saving of tax dollars to the - citizens of Indian River County. IN WITNESS WHEREOF, the parties hereto have hereunto set thein hands and seals the 10th day of October 1979. Signed, sealed and delivered in the presence of: As to Supervisor 3 P INDIAN RIVER COUNTY, FLORIDA By Chairman, Board of ounty Commissioners / ,v Attest :`� lits.'Cz_ C (�' ��c i C l e r k �)'oneal 'Mi'ddleton M CHAIRMAN WODTKE ANNOUNCED THAT DISCUSSION IN REGARD TO THE REQUEST FOR A REFUND TO MRS. ALFAROSE FARMER EDWARDS OF THE EXCESS PROCEEDS OF A TAX DEED SALE WOULD BE RESUMED, AND FINANCE OFFICER BARTON READ ALOUD THE LETTER WRITTEN TO TAX COLLECTOR GENE MORRIS BY MRS. EDWARDS INQUIRING WHY HER PROPERTY WAS SOLD FOR TAXES. HE NOTES THAT SHE APPARENTLY DID NOT UNDERSTAND WHAT WAS HAPPENING. THE TAX COLLECTOR INSTRUCTED HER TO CONTACT THE CLERKS OFFICE, AND WHEN MRS, EDWARDS WROTE THE CLERKS OFFICE INQUIRING WHAT COULD BE DONE, THEY DID NOT TELL HER THAT THE MONEY HAD BEEN TURNED OVER TO THE BOARD AND THAT SHE SHOULD REQUEST IT FROM THEM. MR. BARTON NOTED THAT MRS. EDWARDS PAID THE 1977 TAXES AFTER THE DATE OF THE SALE; THE QUESTION IS DID SHE MAKE A CONSTRUCTIVE REQUEST WITHIN THE REQUIRED TIME PERIOD. HE STATED THAT SHE WROTE THE CLERK'S OFFICE ON MARCH 1, 1979, WHICH IS WITHIN THE PROPER TIME PERIOD. ATTORNEY COLLINS NOTED THAT HERE IS A PERSON WHO DOESNIT KNOW THE STATUTORY REQUIREMENTS, BUT SHE DID WRITE A LETTER OF IN- QUIRY AND NOW THE BOARD MUST DECIDE IF SHE, IN EFFECT, REQUESTED THE EXCESS FUNDS, _ COMMISSIONER SIEBERT FELT THAT SHE MADE THE EFFORT, AND THE BOARD AGREED. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE REFUNDING TO MRS. ALFAROSE FARMER EDWARDS OF THE EXCESS PROCEEDS OF TAX DEED SALE UNDER TAX SALE CERTIFICATE N0, 1020 IN THE AMOUNT OF $1,719.80, COMMISSIONER Loy INFORMED THE BOARD THAT THE YEARLY REQUEST FOR STATE AID FOR THE LIBRARY WAS DUE TO BE FILED, AND THE CHAIRMAN, THEREFOREISIGNED SAME SO THAT IT COULD BE SUBMITTED. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY,GRANTED RETRO -ACTIVE APPROVAL OF THE APPLICATION TO THE DIVISION OF LIBRARY SERVICES FOR STATE AID T0. LIBRARIES, FOR THE FISCAL YEAR OCTOBER 1, 19791 SEPTEMBER 30, 1.980, ._AND AUTHORIZED THE CHAIRMAN'S SIGNATURE. 9_ - moK 41 Fac 637 OCT 101979 OCT 101979 R"lrA FAJr 638 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY SERVICES APPLICATION FOR STATE AID TO LIBRARIES The Board of County Conunissioners-of lNDTAN i:T%'Ll: County hereby applies to the Division of Library Services of the Florida Department of State for an operating grant for public library service as authorized under Chapter 257, Florida Statutes, for the fiscal year begin- ning October 1, 1979, and ending September 30, 1980. We certify that the following amounts were expended for the operation of public library service during the fiscal year ending September -30, 1978. Total Expenditures, October 1, 1977 - September 30, 1978 ............. $_12 9� 7r+5.00 Less, State Aid (RECEIVED) ............ $ 7,619.00 Less, LSCA Program Grants (RECEIVED) ............... $ 7,000.00 Less, Any Funds Not Expended Centrally ............. $ Total Local Expenditures Qualified for Matching .... $ 115,126.00 We certify that the following amounts, exclusive of federal and state grants,will be available and expended for public library use during fiscal year 1979-1980. County Appropriations (County funds from local $ sources only) ................................... 89, 50 - 0 0 _ *City Appropriations (City funds from local $ sources only) ................................... --- - Other (specify)�.>_i?TS. J:.CNTALS..IiIL�ES............. $ 31 800.00 .. t9> .,�tt7►a,f1S ,c c�hl T�h . l;��h .S��1.F�S .................. *Affidavit from each city providing funds optional. TOTAL $ 121300.00 This library service is provided through contracts with the following cities and counties: The yield of a one mill tax in this county is N/A 80-A1 The applicant agrees to expend any grant(s) awarded pursuant to this Application in full compliance with the terms and conditions of Chapter 1157, Florida Statutes, and Chapter 1B-2, Florida /Administrative Code, relating to county free public libraries and the State Library, which Chapters are incorporated by reference as part of this Application and attached hereto. Clerk of the Circuit Ccs rt Vice-Chairmari,� -- By 10-11-tlt- Indian_._River County Deputy Clerk _ Board of County Commissioners (Date} 41 FF,F 69 OCT 101979 OCT i 01979 BOOK 41 PAGE 640 CHAIRMAN WODTKE ANNOUNCED THAT WE HAVE WITH US TODAY REPRESENTATIVES OF VARIOUS ORGANIZATIONS AND DEPARTMENTS OF THE COUNTY WHOM WE WISH TO HONOR FOR THE OUTSTANDING JOB THEY DO FOR THE CITIZENS OF THE COUNTY IN THEIR DAY TO DAY OPERATIONS, AND MOST PARTICULARLY FOR THEIR WORK DURING HURRICANE DAVID. BETTY ROLLINS CAME FORWARD ON BEHALF OF THE AMERICAN RED CROSS. THE CHAIRMAN READ ALOUD RESOLUTION N0. 79-79 AND PRESENTED SAME TO HER. HARVEY MCCOLLESTER CAME FORWARD ON BEHALF OF THE INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD, AND THE CHAIRMAN READ ALOUD RESOLUTION N0, 79-80 AND PRESENTED SAME TO MR. MCCOLLESTER. JOY SNELL-CAME FORWARD ON BEHALF OF THE SEBASTIAN VOLUNTEER AMBULANCE SQUAD, AND THE CHAIRMAN READ ALOUD RESOLUTION N0, 79-81 AND PRESENTED SAME TO MRS. SNELL, CIVIL DEFENSE DIRECTOR LEE NUZIE CAME FORWARD ACCOMPANIED BY SEVERAL MEMBERS OF THE COUNTY CIVIL DEFENSE DEPARTMENT, AND THE CHAIRMAN READ ALOUD RESOLUTION N0. 79-78 AND PRESENTED SAME TO MR. NUZIE, COMMENDING HIM FOR CONSCIENTIOUSLY CARRYING OUT THE COUNTY'S CIVIL DEFENSE PROGRAM. MR. NUZIE THEN PRESENTED THE CHAIRMAN WITH A CITATION FROM THE COUNTY CIVIL DEFENSE DEPARTMENT IN APPRECIATION FOR THEIR SUPPORT OF THE CIVIL DEFENSE DEPARTMENT, AND PRESENTED ASSISTANT ADMINISTRATOR NELSON A CITATION FROM THE CIVIL DEFENSE DEPARTMENT FOR HIS SUPPORT DURING HURRICANE DAVID. CHAIRMAN WODTKE THEN CALLED FORWARD SHERIFF SAM T. JOYCE AND PRESENTED HIM WITH A PLAQUE OF RESOLUTION N0, 79-97 HONORING THE SHERIFF FOR HIS TWENTY-FIVE YEARS OF SERVICE AS INDIAN RIVER COUNTY'S SHERIFF. SHERIFF JOYCE THANKED THE BOARD FOR THEIR SUPPORT AND COOPERATION. CHAIRMAN WODTKE INFORMED THE BOARD THAT THE SUPERVISOR OF ELECTIONS HAS BEEN HAVING PROBLEMS RELATING TO THE STORAGE OF THE VOTING MACHINES AS SET OUT IN HER LETTER OF SEPTEMBER 18TH. 12 CONSTRUCTION PROJECT REPRESENTATIVE HERCULES KONTOULAS WAS INSTRUCTED TO CHECK INTO THIS PROBLEM AND MAKE SOME RECOMMENDATIONS. MRS. RICHEY'S LETTER AND MR. KONTOULAS' MEMO OF SEPTEMBER 20TH ARE AS FOLLOWS: VERO BEACH ® FLORIDA 32960 September 18, 1979 TO: CHAIRMAN OF BOARD OF COUNTY COMMISSION SUBJECT: VOTING MACHINE WAREHOUSE During the past rainy season the roof has been leaking so bad that the voting machines had to be shoved around and bunched up so as to try to avoid serious damage. We will be getting fifteen more machines within the next month and there will be no space to change around. We have well over one hundred thousand dollars invested in voting machines and should take all pre- cautions to protect investment and protect ourselves against the possibility of a major breakdown of the - working parts of machines. This could happen at a very crucial time and has happened in some tountys in Florida. The two worst enemies of voting machines are dust and dampness. It affects the moving parts of the machine such as counters and other operating parts. We are having problems at the warehouse with both dust and dampness. Since it has been decided that we will not be moving machines to the new annex, I feel that a study should be made of the present warehouse and such repairs and alterations that are deemed necessary should be made. I realize that Florida is going to have problems with dust and dampness but we should take steps to minimize it before it is too late. time. I will be glad to discuss this with you at any Rosemary Richey Supervisor of E77ections OCT 10 1979 13 BOOK 41 FACF641 OCT 101979 eooK 41 PAGE 6 . 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 329E September 20, 1979 MEMORANDUM TO: Neil A. Nelson Assistant County Administrator FROM: Hercules Kontoulas Construction Project Representative RE: Rosemary Richey's letter of 9/18/79 to Chairman of County Commission. Condition of voting machine storage building at County Barn. Visual inspection by Hercules Kontoulas on 9/19/79, approximately 2:00 p.m., accompanied by Bernie Stecher of Elections Office. - CONDITIONS FOUND: 1. Concrete block building on raised slab approximately 2'-0" above paved area. 2. All windows are glass jalousie and most of the windows .-1i:e not closed tight. Some are "frozen"'in a slight open position. There are approximately 18 gl. jal. windows in Elections storage consisting of three rooms or bays. 3. Roof is 1/3 - 90 lb. slate and 2/3 tar & gravel built- up. Leaks are occuring at built-up areas. Roof has a slight "butterfly" design with wood trusses @ 2'-0" O.C. running north and south, bearing on 8" concrete block dividing wall. Roof sheath- ing is plywood, undetermined thickness (probably 1/2" to 5/8" thick). There is no insulation on under side of roof. There is no ceiling. 4. There are three sets of 1/2 glass doors in these three bays. 0 0, r'� 'o o }► 1 v t� Page Two September 20, 1979 5. Last bay to the north is the carpenter's shop, with a piece of plywood over the area where doors were removed. Plywood sloes not completely close off opening. Also, at bearinct wall, It: truss bearing, space between bottom of roof sheathing and top of beam is open. 6. Lighting is mixed, with incandescent bulbs and suspended fluorescent fixture, electric panels in each bay of 60 amps. each, with three spares. Electrical convenience outlets are sparse with some duplex at light switch. 7. In south bay, on south wall, there is a 24" exhaust fan. RECOr4MENDATIONS (as per numbered items above) 1. Remove all equipment and reseal concrete floors with "THYR SEAL" or equal concrete floor. sealer. Roll on with paint roller after concrete slab is cleaned. This procedure should be the last item done after completing other recommendations. 2. Remove all glass jalousie windows and block -up openings ,•with 8"x8"x16" concrete block. Eighteen openings are approximately 6'-0" wide x 4'-0" high (some vary). 3. Roof: Remove existing tar and gravel portion of roof and complete with one layer of 15# felt "tin -tag" and 90# roll slate roofing, hot tarred to tin -tag felt. Install 6" Fiberglas batt in- ,ulativii between trusses. Install 5/8" 'X' F.R. drywall ceiling nailed direct to roof joists. 'Pape and mud all joints and nail areas. 4. Doors: Remove all 1/2 glass doors and install 1 3/4" solid core exterior grade type flush door. One (1) 3"-6" door at each of existing openings. 5. North Bay: Block -up existing opening where existing door was removed. Seal opening at top of beam and bottom of roof sheathing. 6. Lighting: Provide fluorescent fixtures in areas not so equipped now. Salvage fixtures from old hospital site. 7. Exhaust Fan: .Either remove and block -up opening or provide gravity louvers on exterior. Provide: 12 to 15,000 B.T.U. window air conditioners, one in each bay. CONCLUSION: If the above recommendation: are done, the leeks, the dust, and the humidity problcr..s will be satisfied. Without a bid or "figures", I would anticipate an "educated guesstimate" would be between $8,000 and $10,000. cc: William C. Wodtke, Jr. Rosemary Richey Boa 41 6 �0CT101979 . OCT 101979 BOOK 41 Fmu,F 644 MR. KONTOULAS INFORMED THE BOARD THAT ADOPTING ALL THE RECOMMENDATIONS SET OUT IN HIS MEMO WOULD PUT THE WAREHOUSE IN A FIRST CLASS CONDITION. HE CONTINUED THAT NOS. 3, 5, 6 AND %, SHOULD BE ATTENDED TO AS QUICKLY AS POSSIBLE, BUT NOS. 1,2 AND 4, ARE NOT TOTALLY NECESSARY AT THIS PARTICULAR TIME. COMMISSIONER LYONS ASKED IF DEHUMIDIFIERS COULD BE USED INSTEAD OF AIR CONDITIONERS, AND MR. KONTOULAS FELT AIR CONDITIONERS WOULD BE BEST. MRS.., RICHEY, SUPERVISOR OF ELECTIONS, STATED THAT, IN ADDITION TO DAMPNESS, DUST IS A PROBLEM BECAUSE IT SIFTS DOWN INTO THE MACHINES AND CLOGS THEM UP. SHE ALSO NOTED THAT PEOPLE HAVE TO WORK IN THE WAREHOUSE WITH THE MACHINES. COMMISSIONER LYONS CONTINUED TO DISCUSS THE NEED FOR AIR CONDITIONERS, AND ASSISTANT ADMINISTRATOR NELSON FELT THE TEMPERA- TURE COULD BE KEPT QUITE HIGH EXCEPT WHEN SOMEONE WAS WORKING IN THE WAREHOUSE. COMMISSIONER SIEBERT POINTED OUT THAT THEY ARE TALKING ABOUT WINDOW AIR CONDITIONERS, WHICH HE BELIEVED WOULD HAVE NO THERMOSTATIC CONTROLS AND WOULD, THEREFORE, RUN 24 HOURS A DAY. DISCUSSION ENSUED ON THE COST OF RUNNING AIR CONDITIONERS AND WAYS TO SOLVE MRS. RICHEY'S PROBLEMS, MRS. RICHEY STATED THAT THE AIR CONDITIONERS WOULD NOT HAVE TO RUN CONTINUOUSLY AND FELT POSSIBLY A COMBINATION OF DEHUMIDIFIER AND AIR CONDITIONERS COULD BE WORKED OUT. THE BOARD CONTINUED TO DISCUSS WHICH OF THE VARIOUS RECOM- MENDATIONS SHOULD BE ADOPTED AT THE PRESENT TIME, AND COMMISSIONER SIEBERT STATED THAT SINCE WE ARE GOING TO KEEP THE VOTING MACHINES IN THIS WAREHOUSE AND NOT MOVE THEM OUT TO THE NEW COMPLEX, HE WAS OF THE OPINION WE SHOULD FIX THE WAREHOUSE UP COMPLETELY BECAUSE THESE MACHINES ARE VERY VALUABLE PIECES OF EQUIPMENT. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ACCEPTED RECOMMENDATIONS NOS. 1 THROUGH 6 AS SET OUT IN MR. KONTOULAS' MEMO OF SEPTEMBER 20TH AND ASKED FOR A NEW RECOMMENDATION FOR N0. % BASED ON TODAY'S DISCUSSION. 16 MRS. RICHEY REPORTED THAT CITY MANAGER LITTLE DOES NOT FEEL THE COUNTY SHOULD BE CHARGED FOR POLLING PLACES, AND WE WILL NO LONGER BE CHARGED FOR USING THE COMMUNITY CENTER OR THE JAYCEE BUILDING AS POLLING PLACES. SHERIFF .JOYCE INFORMED THE BOARD THAT HE WOULD LIKE TO ASK THE COUNTY ATTORNEY TO PREPARE THE PROPER PAPERS SO HE COULD TURN THE CONFISCATED F-600 TRUCK OVER TO THE BOARD. ATTORNEY COLLINS REPORTED THAT, IN TALKING WITH TAX, COLLECTOR GENE MORRIS, HE LEARNED THIS VEHICLE APPARENTLY IS TRANS- FERRING DIRECTLY FROM THE SHERIFF INTO THE SCHOOL BOARD, AND WE WILL COORDINATE WITH THIS. THE BOARD NEXT DISCUSSED A REQUEST MADE BY LYLIAS PETERSON FOR A TRAFFIC LIGHT AT THE CORNER OF 8TH STREET AND OLD DIXIE. ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT HE HAS DISCUSSED THIS WITH THE SHERIFFS DEPARTMENT; HE NOTED THAT WE ARE GOING TO BE PUTTING A LIGHT AT 8TH STREET AND U.S.1. WHEN THE ROAD IS WIDENED. ALINE KUSHNER OF 1936 STH AVENUE STATED THAT SHE HAD HAD A SERIOUS WRECK AT 8TH STREET AND OLD DIXIE AND ALSO WISHED TO RE- QUEST A TRAFFIC LIGHT FOR THIS INTERSECTION. CHAIRMAN WODTKE EXPLAINED THAT WE HAVE TO MAKE A REQUEST FOR A TRAFFIC STUDY BY THE DOT. THIS IS NOW A COUNTY ROAD, BUT THEY ARE THE EXPERTS WE MUST RELY ON, ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY INSTRUCTED THE ASSISTANT ADMINISTRATOR, DUE TO THE INCREASED TRAFFIC BEING GENERATED ALL OVER THE COUNTY, TO REQUEST THE DOT TO MAKE A STUDY IN REGARD TO A TRAFFIC LIGHT AT THE INTERSECTION OF 8TH ST. AND OLD DIXIE. ASSISTANT ADMINISTRATOR NELSON NEXT BROUGHT TO THE BOARD'S ATTENTION A LETTER FROM DR. ARNOLD BANNER REQUESTING THAT THE SPEED LIMIT ALONG 12TH STREET BETWEEN 43RD AND 20TH AVENUES BE REDUCED TO 35 MPH, HE REPORTED THAT THE SHERIFFS DEPARTMENT MADE A TRAFFIC 17 Boos 41 Face 645 OCT 10 1979 OCT 1®1979 BooK 41 NH 646 SURVEY OF THIS AREA BOTH WHEN SCHOOL WAS OUT FOR THE SUMMER AND WHEN IT WAS IN SESSION, AND THEY ARE RECOMMENDING THAT THE SPEED LIMIT BE REDUCED TO 35 MPH BETWEEN 27TH AVENUE AND 20TH AVENUE, BUT REMAIN THE SAME BETWEEN 43RD AVENUE AND 27TH AVENUE. THIS IS THE RECOMMEN- DATION OF THE ADMINISTRATORS STAFF ALSO. COMMISSIONER SIEBERT FELT THE SPEED SHOULD BE REDUCED TO 35 MPH FROM 27TH AVENUE EAST ALL THE WAY TO U.S.I., IF IT IS NOT 35 AT THE PRESENT TIME BETWEEN 20TH AVENUE AND U.S.I. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY "COM- MISSIONER LOY, TO ACCEPT THE RECOMMENDATION OF THE ASSISTANT ADMINIS- TRATOR AS ABOVE, AND IF THE SPEED FROM 27TH AVENUE TO U.S.I. IS NOT PRESENTLY 35 MPH, TO INCLUDE THAT AREA ALSO. DR. BANNER POINTED OUT THAT HIS REQUEST WAS TO REDUCE THE SPEED ALL THE WAY FROM 43RD AVENUE EAST, AND THIS IS NOT BEING AD- DRESSED. HE STATED THAT OTHER STREETS IN THIS AREA DO HAVE THIS SPEED LIMIT, AND THERE IS CONSIDERABLE DEVELOPMENT IN THE AREA. HE NOTED THAT 12TH STREET HAS BEEN REFERRED TO AS A MAJOR ARTERY, BUT HE DOES NOT BELIEVE THIS IS TRUE. DR. BANNER CONTINUED THAT THERE HAVE BEEN SEVERAL FATAL ACCIDENTS EVEN AFTER THE INSTALLATION OF THE TRAFFIC LIGHT, AND HE DID NOT SEE ANY REASON TO MAINTAIN A 45 MPH SPEED LIMIT BETWEEN 43RD AND 27TH AVENUES, WHICH IS A DANGEROUS SITUATION. THE BOARD DISCUSSED THE SPEED LIMIT ON 4TH ST. (CITRUS), WHICH THEY FELT WAS 45 MPH AFTER THE SCHOOL'ZONE. ASSISTANT ADMINISTRATOR NELSON REPORTED THAT THE SHERIFF FELT WE SHOULD NOT RESTRICT TRAFFIC ON 12TH STREET. HE NOTED THAT THE ROAD HAS A WIDE SHOULDER, COMMISSIONER SIEBERT STATED THAT HE HAS TO GO BY THE REPORT SUBMITTED FROM THE SHERIFFS DEPARTMENT, AND HE COULD NOT SUPPORT REDUCING THE SPEED LIMIT ANY FURTHER AT THIS TIME. THE CHAIRMAN CALLED FOR THE QUESTION. AND CARRIED UNANIMOUSLY. IV IT WAS VOTED ON _I ASSISTANT ADMINISTRATOR NELSON BROUGHT UP THE PETITION SIGNED BY 27 RESIDENTS OF FELLSMERE REQUESTING THAT A SPEED LIMIT OF 35 MPH BE ESTABLISHED BETWEEN DITCH 18 AND DITCH 22 ON WILLOW ST. MR. NELSON NOTED THAT THIS ROAD IS IN THE COUNTY, BUT IT IS ON THE FELLSMERE WATER CONTROL DISTRICT RIGHT-OF-WAY AND THEY TOOK NO ACTION 9N IT ONE WAY OR ANOTHER. HE RECOMMENDED THAT WE DO POST THIS ROAD. COMMISSIONER LOY FELT SINCE THIS IS A DIRT ROAD ON A WATER CONTROL DISTRICT RIGHT OF WAY, WE SHOULD HAVE OUR ATTORNEYS OPINION. ATTORNEY COLLINS STATED THAT THE ISSUE AS HE SEES IT IS THAT THESE ROADS ARE IN THE WATER CONTROL DISTRICT AND ARE NOT DEDI- CATED TO THE COUNTY FOR MAINTENANCE OR ENFORCEMENT. HE NOTED THAT BECAUSE OF THE SEVERE ROAD PROBLEMS IN THIS AREA, THE BOARD SEVERAL YEARS AGO ENTERED INTO AN AGREEMENT WITH THE DISTRICT TO MAINTAIN SOME OF THEIR ROADS, BUT HE FELT POSTING THE ROADS WOULD REQUIRE AN EXTENSION OF THAT AGREEMENT. THE ATTORNEY DID NOT QUESTION THE NEED BUT POINTED OUT THAT ONCE THE COUNTY ASSUMES THAT RESPONSIBILITY, THEY ALSO ASSUME A LIABILITY AND THEY WOULD BE SETTING A PRECEDENT, COMMISSIONER SIEBERT FELT WE HAVE SOME LIABILITY NOW BECAUSE WE HAVE TAKEN OVER MAINTENANCE OF THE ROAD, AND WE MIGHT BE IN WORSE SHAPE IF WE DIDN°T POST IT, BUT ATTORNEY COLLINS POINTED OUT THAT THE GENERAL RULE IF THE ROAD IS NOT POSTED IS THAT IT IS 30 MPH. HE FELT IF YOU TAKE AN AFFIRMATIVE ACTION BY POSTING, AND THE THE SIGN IS DESTROYED OR REMOVED AND NOT REPLACED, YOU ARE CREATING ANOTHER LIABILITY. HE COMMENTED THAT OBVIOUSLY THE DRAINAGE DISTRICT DOESN'T WANT ANY PART OF THIS POTENTIAL LIABILITY. DISCUSSION CONTINUED AS TO OWNERSHIP OF THE ROAD, AND IT WAS NOTED THAT THIS IS THE ONLY ACCESS TO THESE PEOPLE IS_HOMES. COMMISSIONER LYONS DID NOT FEEL THAT WE COULD IGNORE THESE PEOPLE. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER DEESON, TO AUTHORIZE THE ATTORNEY TO DRAW UP AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE*FELLSMERE WATER CONTROL DISTRICT, AUTHORIZING THE COUNTY TO POST SPEED SIGNS ON WILLOW STREET AND -AUTHORIZING THE CHAIRMAN'S SIGNATURE. CHAIRMAN WODTKE I-NQUIRED IF THE DRAINAGE DISTRICT WAS RE- QUESTED TO RESPOND TO THE PETITION, AND MR, NELSON FELT THE DRAINAGE 19 OCT O 1979 BOOK 4. PAGE 64 7 BooK 41 FAUF648 DISTRICT WAS JUST ASKED IF THEY HAD A -NY OBJECTION TO THE COUNTY POSTING SPEED LIMIT SIGNS. CHAIRMAN WODTKE STATED THAT SINCE THE DRAINAGE DISTRICT TOOK NO ACTION, WE CANNOT ASSUME WE HAVE THEIR APPROVAL, AND THE ATTORNEY AGREED THAT THE ROAD ONLY CAN BE POSTED WITH THE CONSENT OF THE ROAD OWNERS. COMMISSIONER SIEBERT ASKED IF THERE WAS A TIME LIMIT ON OUR ACCEPTING MAINTENANCE OF THESE ROADS, AND ATTORNEY COLLINS STATED THAT ITIS A VERY LOOSE DOCUMENT AND ALLOWS EITHER PARTY TO TERMINATE. COMMISSIONER SIEBERT NOTED THAT HE VOTED AGAINST THIS AGREEMENT BEFORE AND STILL FEELS THAT THE MAINTENANCE WE ARE DOING SHOULD BE IN A CONTRACT WITH THE DRAINAGE DISTRICT WHERE THEY PAY FOR IT SINCE WE ARE IMPROVING THEIR ROADS. RE POINTED_OUT THAT THE PEOPLE WHO LIVE THERE, MOVED THERE OF THEIR OWN ACCORD, AND THEY ARE NOT ON A COUNTY ROAD. COMMISSIONER DEESON STATED THAT THEIR ARGUMENT IS THAT THEY PAY COUNTY TAXES, AND COMMISSIONER LOY NOTED THAT ARGUMENT WILL GO OUT THE WINDOW THIS YEAR WHEN OUR NEW MUNICIPAL SERVICE FUND IS SET UP. SHE STATED THAT SHE WOULD VOTE AGAINST THIS MOTION BECAUSE SHE FELT WE ARE GETTING IN DEEPER AND DEEPER, THE CHAIRMAN CALLED FOR THE QUESTION. COMMISSIONERS LYONS AND DEESON VOTED IN FAVOR; COMMISSIONERS SIEBERT, LOY AND CHAIRMAN WODTKE VOTED IN OPPOSITION. THE MOTION FAILED. ASSISTANT ADMINISTRATOR NELSON WITH THE ASSISTANCE OF ATTORNEY COLLINS WILL WRITE A LETTER EXPLAINING THE BOARDS POSITION ON THIS MATTER. ATTORNEY ROBERT JACKSON APPEARED BEFORE THE BOARD ACCOM- PANIED BY ATTORNEY BYRON COOKSEY, WHO REPRESENTS FLORIDA LIVING CARE, INC. ATTORNEY JACKSON, WHO IS ALSO A TRUSTEE ON THE HOSPITAL BOARD, SUMMARIZED HIS DISCUSSIONS WITH VARIOUS CITY OFFICIALS IN REGARD TO THE MATTER OF A WATER ALLOCATION OF 10,000 GALLONS PER DAY FOR FLORIDA LIVING CARE AND THE AGREEMENT BY THE HOSPITAL TO RETURN 100,000 GALLONS OF THEIR ALLOCATION TO THE COUNTY. IT SEEMS THERE IS QUITE A BIT OF CONFUSION ABOUT HOW THE MATTER STANDS, AND HE AND ATTORNEY COOKSEY HAVE REVIEWED THE TRIPARTITE AGREEMENT WITH Emo CITY OFFICIALS, ATTORNEY .JACKSON INFORMED THE BOARD THAT ATTORNEY COOKSEY POINTED OUT TO CITY OF VERO BEACH OFFICIALS THAT THE AGREE- MENT ACTUALLY SAYS NOTHING ABOUT 500,000 GALLONS BEING DEDUCTED FROM THE COUNTY'S ALLOCATION, BUT STATES THAT THE AMOUNT THE CITY PROVIDED TO THE HOSPITAL WOULD BE DEDUCTED. ATTORNEY JACKSON CONTIN- UED THAT IT IS THE CITY ATTORNEYS SUGGESTION THAT AN AGREEMENT BE DRAWN BETWEEN RALMAR AND THE COUNTY AND SUBMITTED TO THE CITY FOR APPROVAL, BUT APPARENTLY MAYOR SMITH MAY HAVE A DIFFERENT APPROACH AND IS RELATING THE MATTER TO THE GIFFORD PROBLEM AND THE 201 STUDY. COMMISSIONER SIEBERT FELT THE PROBLEM MAY BE THAT CITY COUNCIL TOOK THE POSITION THAT THE COUNTY RELEASED THE SERVICE AREA ALONG WITH THE 500,000 GALLONS AND THAT ANY RELEASE MADE BY THE HOSPITAL WOULD RELEASE THE SERVICE AREA BACK TO THE CITY, NOT THE COUNTY. ATTORNEY JACKSON NOTED THAT RALMAR, WHO IS SELLING THEIR PROPERTY TO FLORIDA LIVING CARE, IS IN THE COUNTY SERVICE AREA. ATTORNEY COOKSEY INFORMED THE BOARD THAT CITY MANAGER LITTLE STATED THAT THEY RELEASED THE 500,000 GALLONS WITH THE SERVICE AREA AND THAT'S THAT. MR. COOKSEY CONTINUED THAT HE POINTED OUT TO THE CITY MANAGER THAT NOWHERE DOES THE AGREEMENT REFER TO 500,000 GALLONS BEING RELEASED, BUT THAT IT DOES SPECIFY THAT THE SERVICE THE CITY PROVIDED TO THE HOSPITAL WOULD BE DEDUCTED, ATTORNEY COOKSEY WAS OF THE OPINION THAT THE CITY OF VERO REACH IS TAKING AN ERRONEOUS POSITION AND TRYING TO WRITE SOMETHING INTO-T4+E--AGREE- MENT THAT ISN IT THERE. COMMISSIONER Loy STATED THAT WE DID RELEASE THE SERVICE AREA BECAUSE WE HAD NO WAY TO PROVIDE THE SERVICE, BUT THE 500,000 GALLONS WAS A TOPSIDE FIGURE AIMED AT THE FUTURE WHEN THE HOSPITAL WAS COMPLETELY FINISHED AND AT TOTAL CAPACITY, AND THAT IS WHY THE LAST PARAGRAPH IN THE AGREEMENT WAS WORDED THAT WAY. ATTORNEY COOKSEY STATED THAT, IN HIS OPINION, THE COUNTY HAS THE DIFFERENCE BETWEEN THE 500,000 GALLON ALLOCATION GIVEN AND THE ACTUAL SERVICE PROVIDED. HE NOTED THAT THE HOSPITAL IS A VALUABLE CUSTOMER AND SERVICE AREA FOR THE CITY. 21 OCT 101979 p-ocix 41 FA,,F 649 _I OCT 101979 alp 41 rr"AGE 650. COMMISSIONER LYONS SUGGESTED WE SETTLE RALMAR'S PROBLEMS FIRST. HE FELT IF WE COULD ARRANGE TO PUT THEM ON THE LINE THAT GOES TO GIFFORD, WE COULD GET THEM IN BUSINESS AND THEN FIGHT OUT THIS OTHER PROBLEM, CHAIRMAN WODTKE FELT THERE ARE TWO PROBLEMS INVOLVED WITH THAT SOLUTION, THIS IS NOT IN THE GIFFORD SERVICE AREA WE WERE TALKING ABOUT WITH THE U.D.U. SYSTEM. ALSO, IT WILL OPEN THE DOOR TO AN AWFUL LOT OF REQUESTS IN THE SAME AREA, AND HE FELT THE COUNTY'S INTENTION WAS FOR THAT WATER TO BE FOR THE USE OF THE GIFFORD AREA. ATTORNEY JACKSON NOTED THAT THE BOARD COULD JUSTIFY THIS ALLOCATION BECAUSE FLORIDA LIVING CARE IS A TYPE OF BUSINESS REQUIR— ING A CERTIFICATE OF NEED AND IS DIFFERENT THAN THE GENERAL PUBLIC WHO WOULD BE MAKING. THE REQUESTS. HE CONTINUED THAT THE HOSPITAL MASTER PLAN ENCOMPASSED NURSING CARE AND HEALTH RELATED FACILITIES AROUND THE HOSPITAL. CHAIRMAN WODTKE ASKED WHY WE COULDN'T REDUCE OUR 500,000 GALLONS TO 400,000 AND USE 10,000 OUT OF. THAT. ATTORNEY COLLINS STATED THAT IF ATTORNEY COOKSEY'S OPINION IS CORRECT, AND HE PERSONALLY DOES CONCUR WITH THAT OPINION, IT EFFECTIVELY MEANS THAT THERE IS AN ADDITIONAL 200,000 OR 300,000 GALLONS THIS BOARD CAN ALLOCATE. CHAIRMAN WODTKE ASKED IF WE COULD SERVICE FLORIDA LIVING CARE OUT OF THE LINE COMING INTO RALMAR, AND ATTORNEY JACKSON NOTED THAT THIS LINE WAS PURPOSELY OVERSIZED. ATTORNEY COLLINS FELT THIS SHOULD BE CONFIRMED BY ENGINEERS, BUT BELIEVED THAT WAS THE INTENT ORIGINALLY. ATTORNEY JACKSON COMMENTED THAT CITY ATTORNEY TOM PALMER FELT IF THE HOSP.ITAL DID NOT NEED THE 100,000 GALLONS, THERE WAS NO PROBLEM. DISCUSSION CONTINUED AS TO THE ACTUAL DEDUCTION OF 500,000 GALLONS, ATTORNEY COLLINS FELT THAT THE BOARD CAN RELY ON THE FACT THAT THERE IS AN ADDITIONAL 100,000 GALLONS BECAUSE THE HOSPITAL HAS TAKEN ACTION RELEASING 100,000 GALLONS, AND THE MOST THEY CLAIM AT THIS TIME FOR FUTURE NEEDS WOULD BE 400,000. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, TO ALLOCATE FLORIDA LIVING CARE, INC., AN ADDI- TIONAL 10,000.GALLONS PER DAY OUT OF THE 100,000 GALLON ALLOCATION RETURNED BY THE HOSPITAL. DISCUSSION FOLLOWED, AND COMMISSIONER LYONS FELT WE SHOULD ADD HOW THE SEWER WILL BE HANDLED, BUT ATTORNEY COLLINS FELT THAT IS THE PETITIONER S PROBLEM TO HANDLE WITH THE CITY BECAUSE THE COUNTY IS IN NO POSITION TO HELP WITH THE SEWER, COMMISSIONER Loy SUGGESTED THAT THE MOTION SHOULD RELATE TO GRANTING THE ALLOCATION FOR, THE EXPRESS PURPOSE OF NURSING HOME CARE, COMMISSIONER SIEBERT WITHDREW HIS MOTION FOR PURPOSES OF REWORDING, AND COMMISSIONER Loy WITHDREW HER SECOND, MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER.L.OY, TO.GRANT AN ALLOCATION OF UP TO IO,000.GPD AS REQUESTED BY FLORIDA LIVING CARE, INC., FOR THE EXPRESS PURPOSE OF A NURSING HOME FACILITY WHICH HAS RECEIVED A CERTIFICATE OF NEED, SUBJECT TO AN ENGINEERING REPORT THAT IT IS FEASIBLE TO TIE-IN; ALL TIE-IN AND OTHER EXPENSES TO BE THE EXPENSE OF THE PETITIONER, IN ADDITION, AN ENGINEER'S CERTIFICATION WILL BE REQUIRED STATING THAT 10,000 GPD IS REQUIRED FOR THE NURSING HOME OPERATION,. AND IF IT IS NOT, THEN WHATEVER LESSER FIGURE IS NEEDED; SAID 10,000 GPD TO COME OUT OF THE EXCESS 100,OOO,GPD FROM THE HOSPITAL'S PREVIOUS ALLOCATION. ATTORNEY COLLINS COMMENTED THAT WE HAVE NO JURISDICTION RIGHT NOW FOR A RATE FOR THIS AREA, AND WE WILL EITHER HAVE TO INCLUDE IT IN THE U.D.U. AREA OR SET A COUNTYWIDE RATE, FRANK ZORC INTERJECTED THAT HE MADE A REQUEST SEVERAL MONTHS AGO FOR GALLONAGE OUT OF THE AMOUNT RELEASED BY THE HOSPITAL, AND HE WAS REFUSED AT THAT TIME. HE NOW WISHED TO KNOW IF OTHERS WILL BE CONSIDERED FOR THE REMAINING 90,000 GALLONS, COMMISSIONER SIEBERT NOTED THAT THE BOARD MUST FIRST VOTE ON THE MOTION ON THE FLOOR AND THEN DISCUSS MR. ZORC'S QUESTION. HE FELT WE MUST DEFINE WHO IS GOING TO SERVICE WHAT SINCE THIS IS NOT BEING DONE BY THE TAC COMMITTEE. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. moo - 41 PAGE 651 OCT 101979 23 Al EQGK PAGE 6� COMMISSIONER LYONS STATED THAT THE 10,000 WHICH APPARENTLY IS FREE FOR US TO ALLOCATE IS FOR A VERY SPECIFIC PUBLIC PURPOSE — A NURSING HOME, WHICH IS A VERY MUCH NEEDED FACILITY. HE FELT THE REMAINING 90,000 GALLONS, OR WHATEVER AMOUNT IT IS, IS SOMETHING WHICH WILL BE CONSIDERED FOR VERY SPECIFIC PUBLIC NEEDS AND NOT JUST THROWN OUT INTO THE POT. MR. ZORC FELT THAT APARTMENTS ARE NEEDED BY THE PUBLIC AS MUCH AS A NURSING HOME. ATTORNEY COLLINS ASKED ATTORNEY COOKSEY WHAT THEY PROPOSE TO DO ABOUT SEWER FACILITIES FOR FLORIDA LIVING CARE, AND MR. 000KSEY STATED THAT CITY MANAGER LITTLE INDICATED THAT SEWER WAS NO PROBLEM. THE HOUR OF 11:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VER® BEACH PRESS -JOURNAL Published Meekly !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 the matter of in the Court, was pub- lished in said newspaper in the issues of 1272 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. ', �`/' �J' Sworn to and subscribed before me this day of,..�4� A.D. -�-.1 _ ri n (Clerk of the Circuit Court, Ind (SEAL) Manager) r County, Florida) NOTICE NOTICE IS HEREBY GIVEN thatthe Board of County Commissioners of Indian River County, Florida, will hold a public hearing on October 10, 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 relating to uniform policy and procedure for the issuance of licenses to carry concealed pistols which ordinance shall be entitled the Indian River County Uniform' Pistol Licensing Ordinance; providing for authority and a short title;. providing criteria for issuance of licenses; providing for ap- plication form: providing for designating of firearms: providing exemptions from course requirements; designating courses of in- . struction in firearm safety and handling; providing for an investigation; providing for filing of applications; providing for the non - transferability of licenses; providing for i licensing form; providing for the amendment of licenses; providing for expiration, renewal, replacement and requalification; providing for the revocation of licenses; providing for reciprocity; providing for a fee; providing for severability; providing an effective date. BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA -s-William C. Wodtke, Jr. Sept. 16, 1979. ✓ ATTORNEY COLLINS EXPLAINED THAT HISTORICALLY AROUND THE STATE THE BOARDS OF COUNTY COMMISSIONERS HAVE BEEN EMPOWERED WITH AUTHORITY TO ISSUE CONCEALED WEAPON PERMITS; ALSO, HISTORICALLY, THERE HAS BEEN VERY LITTLE CONTROL OR SUPERVISION AND FOLLOW—UP AS TO THE CHARACTER AND ABILITY OF THE PARTICULAR APPLICANT TO HANDLE THE FIREARMS. HE NOTED THAT HE HAS SEEN OUR BOARD FACED WITH MAKING DECISIONS AS TO WHETHER A PERSON SHALL RECEIVE THIS RIGHT WITHOUT HAVING SUFFICIENT INFORMATION AS TO THE INDIVIDUAL S ACTUAL CAPABILITY OF HANDLING FIREARMS, REASONING POWER OR COMMON SENSE, ETC. ATTORNEY COLLINS CONTINUED THAT THE LEGISLATURE PROMULGATED F.S. 790.06 WHICH GRANTED COUNTIES THE RIGHT TO CONTROL ISSUANCE OF THESE PERMITS TO A GREATER DEGREE, AND SOME COUNTIES AROUND THE STATE HAVE IMPLEMENTED AN ORDINANCE SIMILAR TO THE ONE BEING CONSIDERED TODAY. THE ATTORNEY CONTINUED THAT HE CONTACTED. THESE COUNTIES AND COMBINED THEIR ORDI— NANCES INTO WHAT IS BEING PRESENTED TODAY, HE FELT THE INFORMATION REQUIRED OF THE -PETITIONER BY THIS ORDINANCE WOULD BE VERY HELPFUL TO THE COMMISSION IN MAKING A DECISION AND NOTED THAT IT ALSO CON— TAINS A REQUIREMENT THAT THE APPLICANT HAVE TAKEN A TRAINING COURSE PRIOR TO BEING ELIGIBLE EITHER FOR A NEW PERMIT OR A RENEWAL. SHERIFF..JOYCE STATED THAT THE PROPOSED ORDINANCE IS FAR BETTER THAN WHAT THE BOARD HAD TO WORK WITH BEFORE. HE COMMENTED ON SECTION 2 (F) (2) WHICH RELATES TO A DEMONSTRATED NEED TO CARRY A FIREARM AS A RESULT OF THE APP`LXANfi'5_ OCCUPATION, EMPLOYMENT, PRO— FESSION, ETC., AND.STATED THAT IF THE APPLICANT DESIRES TO PROTECT HIS OWN MONEY,. THAT IS NO PROBLEM. IF, HOWEVER, THEY ARE ON THEIR EMPLOYER S PROPERTY AND THE EMPLOYER DOES NOT KNOW THEY ARE CARRY— ING A FIREARM, THAT IS A PROBLEM, THE SHERIFF STATED THAT A LETTER SHOULD BE REQUIRED FROM THE EMPLOYER ACKNOWLEDGING THAT THEY ARE AWARE OF THE SITUATION. CHAIRMAN WODTKE COMMENTED THAT IF ESCORT OR SECURITY TRANS— PORT SERVICES ARE NOT AVAILABLE, HE FELT THE POLICE WILL SERVE AS AN ESCORT. THE SHERIFF AGREED THAT THEY DO ESCORT SOME, BUT THESE SERVICES ARE MAINLY AVAILABLE IN THE DAYTIME. SHERIFF .JOYCE FELT OCT 101979 25 1 P,f cF 653 OCT 101979 ; ,,rc 654 THE SCHOOL IN THE INSTRUCTION OF THE USE OF FIREARMS COULD BE HANDLED BY FURNISHING A MAN TO INSTRUCT THREE OR FOUR AT A TIME AND THIS COULD BE DONE AT THE RANGE BY THE CORRECTIONAL INSTITUTE. HE FELT THIS REQUIREMENT IS VERY IMPORTANT. COMMISSIONER SIEBERT SUGGESTED THAT THIS COURSE COULD BE DONE IN CONJUNCTION WITH THE COMMUNITY COLLEGE. THE BOARD NEXT DISCUSSED THE WORDING OF SECTION 2 (G) ON PAGE 3 IN REGARD TO COMPLETING A DESIGNATED COURSE WITHIN "THE NEXT PRECEDING SIX MONTHS OF THE DATE OF APPLICATION," WHICH THEY FELT WAS CONFUSING. ATTORNEY COLLINS STATED THAT THE COURSE MUST BE COMPLETED PRIOR TO ISSUANCE OF THE LICENSE. CHAIRMAN WODTKE INQUIRED WHO DETERMINES THAT THE APPLICANT IS OF GOOD MORAL CHARACTER AND NOT CONVICTED OF A FELONY. ATTORNEY COLLINS EXPLAINED THAT WE WILL HAVE AN APPLICATION FORM WHICH WILL HAVE TO BE COMPLETED AND FILED WITH SOMEONE WHO WILL SAY WHEN IT IS APPROPRIATE TO COME ON THE AGENDA. HE NOTED THAT THE CLERK'S OFFICE HANDLES THE FORMS, AND THEN IT GOES TO THE SHERIFF'S DEPARTMENT, DISCUSSION FOLLOWED IN REGARD TO ESTABLISHING CRITERIA TO DETERMINE PROFICIENCY IN THE HANDLING OF FIREARMS. COMMISSIONER SIEBERT FELT THERE SHOULD BE A PROVISION FOR SUSPENSION WHEN SOMEONE IS CHARGED WITH A FELONY OR SENT FOR PSYCHI- ATRIC EVALUATION.- ATTORNEY COLLINS FELT THIS WAS COVERED IN SEC- TION 13 (2), BUT COMMISSIONER SIEBERT NOTED THIS REQUIRES A HEARING PRIOR TO SUSPENSION OR REVOCATION AND ALSO IT DOES NOT ADDRESS BEING SENT FOR PSYCHIATRIC EVALUATION. COMMISSIONER SIEBERT THEN QUES- TIONED THE PROCEDURE AFTER SUSPENSION AND STATED THAT HE FELT THE LICENSE SHOULD REMAIN SUSPENDED AND NO HEARING BE REQUIRED UNTIL EITHER THE MATTER IS LITIGATED AND THE PERSON IS FOUND NOT GUILTY OR HE HAS HAD A SATISFACTORY PSYCHIATRIC EXMINIATION. ATTORNEY COLLINS STATED THAT IN REGARD TO A FELONY, HE WILL INCLUDE IN THE ORDINANCE THAT THE PERMIT BE SUSPENDED UNTIL THE CHARGE IS DISPOSED OF, AND IN REGARD TO PSYCHIATRIC EVALUATION, UNTIL A DETERMINATION IS MADE. HE NOTED THAT YOU CANNOT DEPRIVE PEOPLE OF THIS RIGHT ON A CHARGE ALONE; THEY ARE ENTITLED TO A HEARING. 26 COMMISSIONER LYONS DISCUSSED ISSUING A LICENSE TO SOMEONE WHO HAS A MEDICAL CERTIFICATE STATING THAT HE IS MENTALLY COMPETENT, COMMISSIONER SIEBERT ASKED ABOUT LIMITING THE LICENSE JUST FOR A PARTICULAR PURPOSE, I,E„ THE TRANSPORTING OF MONEY, BUT ATTORNEY COLLINS STATED IT WOULD BE VERY DIFFICULT TO LIMIT A PERMIT, SHERIFF JOYCE FELT THAT IN MOST CASES THERE IS NO NEED FOR SOMEONE TO HAVE A PERMIT TO CARRY A CONCEALED WEAPON, AND NOTED THAT IT CREATES A PROBLEM WHEN A PERSON WHO IS LICENSED WEARS HIS WEAPON INTO A STORE OR A BAR, DISCUSSION FOLLOWED ON "MANUAL POSSES- SIONWHICH IS ILLEGAL, ATTORNEY COLLINS NOTED THAT THE PROPOSED ORDINANCE GIVES THE BOARD A BASIS ON WHICH TO DENY SOME OF THE SPURIOUS REQUESTS. SHERIFF .JOYCE QUESTIONED SECTION 14 (RECIPROCITY), HE FELT. THAT WE SHOULD NOT ACCEPT THE FACE VALUE OF A LICENSE FROM ANOTHER COUNTY WHICH MIGHT NOT HAVE AS STRINGENT STANDARDS AND STATED THAT HIS DEPUTIES ONLY HONOR LICENSES OF OTHER COUNTIES WHEN PEOPLE ARE PASSING THROUGH, THE BOARD AGREED THAT ANYONE LICENSED IN THIS COUNTY SHOULD GET THE LICENSE ACCORDING TO OUR PROVISIONS AND NOT ON THE BASIS OF ANOTHER COU.NTY�S ORDINANCE, ATTORNEY COLLINS STATED THAT HE WOULD DELETE SECTION 14, AND THE BOARD AGREED, THE -CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, .JOE SUIT, MAYOR OF FELLSMERE, STATED THAT HE IS NOT OPPOSED TO THE PROPOSED ORDINANCE, WHICH HE AGREED IS BADLY NEEDED, BUT HE FELT THERE ARE JUSTIFICATIONS FOR SOME PEOPLE WITHIN THE COUNTY TO HAVE A.PERMIT AND. THAT SOME OF THE REQUIREMENTS ARE QUITE STRINGENT, MR, SUIT STATED THAT EVERY TIME WE AMEND BY ORDINANCE THE PERSONAL RIGHTS..:GUARANTEED BY THE CONSTITUTION, HE TAKES EXCEPTION TO IT, HE POINTED OUT THAT THE PEOPLE WHO WOULD APPLY WOULD BE PRIMARILY THE LAW ABIDING CITIZENS SINCE CRIMINALS DO NOT GET PERMITS, MR, SUIT STATED THAT HE HAS BEEN IN LAW ENFORCEMENT FOR FIVE YEARS; HE DOES NOT HAVE AMPLE TIME TO ENROLL IN A COURSE TO PROVE HE IS CAPABLE 27 F�uK OCT 10 1979 �1 FAGE 655':.� J OCT 10 1979 now 41 FAu 656 OF HANDLING A WEAPON; AND HE DID NOT SEE ANY NEED TO TEAR A WEAPON DOWN TO DEMONSTRATE YOUR CAPABILITIES. HE ALSO SPOKE OF THE LENGTH OF TIME INVOLVED IN GETTING A PERMIT AND NOTED THAT A PERSON COULD BE KILLED WHILE APPLYING. COMMISSIONER LYONS NOTED THAT THOSE WHO CAN DEMONSTRATE PROFICIENCY DO NOT HAVE TO GO THROUGH THE WHOLE COURSE, AND COMMIS- SIONER DEESON DID NOT FEEL THIS WILL IMPACT PEOPLE SUCH AS MAYOR SUIT. CHAIRMAN WODTKE BROUGHT UP THE PROBLEM OF THOSE WHO HAVE A CURRENT PERMIT BUT NEED IT RENEWED, AND NOTED HE DID NOT WANT TO PUT THEM IN THE POSITION OF BREAKING THE LAW UNTIL THE NEW PROCEDURES CAN BE SET UP. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ATTORNEY COLLINS REVIEWED THE PROPOSED CHANGES: (1) ADD A PROVISION WHEREBY THE EMPLOYER CONSENTS TO THE EMPLOYEE HAVING A FIREARM ON THE PREMISES. (SECTION 2, PAGE 2) (2) PAGE 3 (G) - CHANGE THE WORDING "NEXT PRECEDING SIX MONTHS" TO 'WITHIN SIX MONTHS PRIOR T0." (3) INSERT ADDITIONAL PROVISION FOR SUSPENSION DUE TO COURT-ORDERED PSYCHIATRIC EVALUATION TO STAY IN EFFECT UNTIL FURTHER APPROPRIATE AmuitiffITItul A-,.* (4) DELETE SECTION 14 - RECIPROCITY. THE ATTORNEY RECOMMNDED THAT THE EFFECTIVE DATE OF THE ORDINANCE BE 30 DAYS FROM TODAY, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 79-27 AS AMENDED ABOVE, TO BE EFFECTIVE AS OF NOVEMBER 9, 1979. ®28 INDIAN RIVER COUNTY ORDINANCE 79-27 AN ORDINANCE RELATING TO UNIFORM POLICY AND PROCEDURE FOR THE ISSUANCE OF LICENSES TO CARRY CONCEALED PISTOLS WHICH ORDINANCE SHALL BE ENTITLED THE INDIAN RIVER COUNTY UNIFORM PISTOL LICENSING ORDINANCE; PROVIDING FOR AUTHORITY AND A SHORT TITLE; PROVIDING CRITERIA FOR ISSUANCE OF LICENSES; PROVIDING FOR APPLICATION FORM; PROVIDING FOR DESIGNATING OF FIREARMS; PROVIDING EXEMPTIONS FROM COURSE REQUIREMENTS; DESIGNATING COURSES OF INSTRUCTION IN FIREARM SAFETY AND HANDLING; PRO- VIDING FOR AN INVESTIGATION; PROVIDING FOR FILING OF APPLICATIONS; PROVIDING FOR THE NONTRANSFERABILITY OF LICENSES; PROVIDING FOR LICENSING FORM; PROVIDING FOR THE AMENDMENT OF LICENSES; PROVIDING FOR EXPIRATION, RENEWAL, REPLACEMENT AND REQUALIFICATION; PROVIDING FOR THE REVOCATION OF LICENSES; PROVIDING FOR A FEE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. Uniform Pistol Licensing Policy; Authority; Short Title. 1. This ordinance is enacted under the authority of Section 790.06, Florida Statutes (1977) and the Home Rule Power of Indian River County, Florida, for the purpose of providing a uniform policy and procedure for the issuance of a license to carry a concealed pistol on the person. This ordinance shall be effective in the unincorporated areas of Indian River County and within those incorporated areas where it is not in conflict with a municipal ordinance. 2. This ordinance shall be known as the "Indian River County Uniform Pistol Licensing Ordinance." Section 2. Criteria for Issuance of License to Car Concealed Weapon. Prior to the issuance of a license to carry firearms under Section 790.06, Florida Statutes (1977), all applicants shall be required to submit evidence and certify to the'Board of County Commissioners that: (a) The applicant is over the age of eighteen (18) years of age at the time of application. (b) The applicant is of good moral character and has not been convicted of a felony as per Section 790.23, Florida Statutes. aOC1K 41 PAGE 65_7 OCT 10 1979 J OCT 101979�1,r aJL"r,Pur, 658 (c) The applicant is not an unlawful user of or addicted to any controlled substance as defined in Chapter 893, Florida Statutes. (d) The applicant has not been convicted of a violation of Section 790.07, Florida Statutes, or any equivalent offense under Federal or State law, unless two (2) years have elapsed since the applicant has been restored to his civil rights. (e) The applicant has not been adjudicated a mental incompetent or been committed to a mental in- stitution as being dangerous to himself or others, unless he has been judicially restored to competency and possesses a certificate of a medical doctor licensed in the State of Florida that he no longer suffers from said disability. (f) The applicant affirmatively establishes that he or she intends a proper use of or has a demonstrable need for carrying a concealed pistol. In affirmatively establishing the propriety of the use of or necessity for carrying a concealed pistol, the applicant must � show: (1) That the applicant has been the subject of substantiated serious threats against his or her life requiring police investigation or action and that such threats are likely to continue in existence ; or (2) The applicant has a demonstrated need to carry a firearm as a result of his occupation, em- ployment, profession or other relevant factor or activities; and (3) In instances where a license is sought for pro- tection in the lawful carrying or transport of controlled substances or personal property that: (i) There is no other means of transport other than personal transport available; -2- and (ii) That escort or security transport services are not available. (4) In instances where an employee seeks a license for gun carried on the employer's premises, a letter of consent and a statement of necessity shall be required from the employer. (g) The applicant has satisfactorily completed, using the firearm designated in the application required by Section 3 of this ordinance, a designated course in firearm safety and handling within six (6) months prior to the date of application for said license. All licenses issued pursuant to this ordinance shall be for a period not to exceed two (2) years and shall be issued subject to the applicant giving a bond payable to the Governor of the State of Florida in the sum of One Hundred Dollars ($100.00), conditioned for the proper and legitimate use of said weapon, with sureties to be approved by the Board of County Commissioners. Section 3. Applications - Form. 1. The form of application shall be determined by resolution of the Board of County Commissioners provided, how- ever, that each application shall contain the following: (a) Each individual signing an application shall submit one photograph of himself and a duplicate for each required copy of the application. Such photograph shall have been taken within thirty (30) days prior to filing the application and shall be 1 x 1-1/4 inches square. (b) A sworn statement indicating the use of and necessity for carrying a concealed pistol. (c) An approved form containing the applicant's fingerprints. (d) A sworn statement that the applicant has complied with all criteria and procedures established by this ordinance. OCT 101979 -3- BOOK FAGS 9 FF_ 1 OCT 101979 BOOK 1 PAGE 660. (e) Documentation evidencing that the applicant has met the criteria established under this ordinance, in- cluding but not limited to police reports, affidavits, certificates of the non-existence of public records regarding criminal convictions and adjudication and restoration as to mental competence, and certificate of completion and proficiency from an approved firearms safety and handling course. Section 4. Designation of Firearm. All applicants for licenses to carry concealed weapons and all applicants for renewal of such license shall designate on their license application the type (automatic or revolver), caliber, length of barrel and serial number of the firearm they intend to carry. All applicants for licenses or renewal of licenses are hereby required to use the firearm designated on their application when completing the designated course in firearm safety and handling. Persons desiring to designate more than one firearm of a particular type, caliber or size shall do so on their application and shall be required to satisfactorily complete a designated course in firearm safety and handling, using each such firearm designated. After completion of the qualification or requali- fication requirements with the designated firearm or firearms, such person's license shall only give the licensee authority to carry the firearm designated on the application and license issued pursuant thereto. Section 5. Exemptions from Course Requirements. Not- withstanding the provisions of Section 2 of this ordinance, the Board of County Commissioners of Indian River County, Florida, may issue a license to carry a concealed weapon without proof of satisfactory completion of the designated course in firearm safety and handling where it is shown, to the satisfaction of the Board of County Commissioners, that the applicant is an expert in the use and handling of the firearm designated on his application. -4- M ® M M Section 6. Designation of Courses in Instruction in Firearm Safety and Handling. The Board of County Commissioners of Indian River County, Florida, shall designate by resolution those courses in instruction, satisfactory completion of which is required for compliance with Section 2 of this ordinance, but in no case shall a course be designated which fails as a minimum to meet the required criteria for class °G" statewide gun permits specified in Chapter 1C-3.17 of the rules of the Department of State for private investigative agencies. Section 7. Investigation. The Sheriff of Indian River County shall conduct a record check on all applicants in order to determine whether an applicant has been convicted of any criminal offense that would affect his eligibility. Section 8. Notice of Filing and of Approved Applications. Notice of application for a license shall be published once in a newspaper of general circulation in the County prior to approval by the Board of County Commissioners. The application for any license, if granted, shall be a public record and shall be filed by the County Administrator with the Clerk of the Board ty Commissioners. Section 9. License Validity; Nontransferable. 1. All license applications must be approved by the Board of County Commissioners before a valid license may be issued by the County Administrator or his designee. Approval or denial shall be based upon compliance with the criteria established under Section 2. Section 10. License Form 1. Any license issued under this ordinance shall: (a) Have a photograph of the licensee attached to or made a part of the license form; (b) Specify the caliber, make, model, and serial number or other identifying characteristic or marking; (c) Specify the date of expiration; (d) Specify the use of the pistol for which the license has been issued; -5- OCT 1.01979 800K 41 PAGE 651 I� J Fr- I OCT 101979 Baas 41 Fa -UE 66 (e) Be signed by the Clerk of the Board of County Commissioners or her deputy. Section 11. License Amendment. Any person licensed under this ordinance may at any time seek an amendment to his or her license to include or delete pistols from the license. Section 12. Renewal; Expiration, Replacement. 1. Licenses shall expire upon the expiration date set by the Board of County Commissioners at the time of issue. The Commission shall consider the nature of the need stated for the permit in setting the expiration date which shall in no event exceed two (2) years. 2. A license issued hereunder shall be automatically renewed upon: (a) Presentation of an updated record check by the Sheriff of Indian River County; (b) The presentation of an affidavit stating that all criteria and requirements of this ordinance have been complied with; (c) Upon payment of the fee required by Section 15 of this ordinance; (d) Upon requalifying by satisfactorily completing a designated course in firearm safety and handling as provided in Section 6 of this ordinance. 3. Upon satisfactory proof that a currently valid original license has been despoiled, lost or otherwise removed from the possession of the licensee, and upon application containing an additional photograph of the licensee, the County Administrator or his designee shall issue a duplicate license. 4. Licensee shall report to the Sheriff of Indian River County, within 36 hours any theft, or other loss of sale of the firearm licensed by this ordinance; and in the case of a sale, licensee shall obtain from the purchaser a receipt showing the name and address of the purchaser and the identifying data of the firearm, as required by Section 4, which notification _ M M M M M shall cancel or suspend the license pending recovery of the fire- arm, in the case of theft or other loss. Section 13. License Revocation. 1. Any license issued under this ordinance may be revoked by the Board of County Commissioners upon a determination that: (a) A licensee has been convicted of a felony; (b) A licensee has misrepresented or concealed facts on his application which bear on the proper use of or need for carrying a concealed pistol; (c) A licensee no longer meets the criteria for eligi- bility specified in this ordinance. 2. Revocation shall be automatic upon conviction of a felony, and a license shall be suspended upon a licensee being charged with commission of a felony or having received a court ordered referral for psychiatric evaluation,the period of suspension shall continue until all charges have been disposed in the event of a felony charge or satisfactory determination by a licensed medical doctor in response to the court ordered psychiatric evaluation; however, no license may be revoked under Section 13 (1) (b) or (c) above, until a hearing has been held by the County Administrator or his designee after at least fifteen (15) days written notice thereof to the licensee. The hearing official shall make findings of fact, a recommendation, and present a transcript of all hearings to the Board of County Commissioners prior to the revocation of any license by the Board of County Commissioners. Section 14. Fee. All applications for a license or renewal shall be accompanied by an administrative fee to be determined by resolution of the Board of County Commissioners. Section 15. Severability. It is declared to be the intent of the Board of County Commissioners that, if any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. -7- OCT 7-OcT 101979 BOOK, 41 FacE 66J" OCT 101979 BUOK 41 PACE 664 Section 16. Effective Date. This ordinance shall take effect the 9th day of November, 1979. THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 12:20 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 1:45 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. RAN SINGH OF CONNELL METCALF & EDDY, ARCHITECT JOHN SCHLITT, AND COUNTY CONSTRUCTION PROJECT REPRESENTATIVE KONTOULAS, CAME BEFORE THE BOARD TO MAKE A PRESENTATION IN REGARD TO THE REVISED SITE PLAN OF THE COUNTY ADMINISTRATION COMPLEX. MR. SINGH EXPLAINED THE PRO- POSED MODIFICATION SET OUT IN HIS LETTER OF OCTOBER 2ND, WHICH IS AS FOLLOWS: uonnell Mmetcalf y ARCHITECTURE ENGINEERING PLANNING 1320 South Dixie Highway P.O. Box 341939 Coral Gables Florida 33134 305/665 9241 ,October 2, 1979 l + c, � , The Board of County Commissioners Indian River County , 444 2145 14th Avenue Vero Beach, Florida 32960 i Attn: Mr. Hercules Rontoulas Construction Projects Representative Subj: Landscape Plan County Administration Building Dear Hercules: During the process of finalizing the details of site work (Landscaping,. -Parking and Lot Lighting) we have refined the Site Plan approved by the Board on June 6, 1979. We believe that these refinements have created a Site Plan with several merits in it as described below. These refinements were discussed on the site in Vero Beach on September 13; 19.79 in a conference attended by yourself, Mr. John J. Schlitt•- subconsultant to Connell Metcalf & Eddy, Ms. Elizabeth Gillicks of the City of Vero Beach, Dan Brewer, a landscape architect with CM&E and myself. 1. Plan controls the entrance and exits to the proposed parking areas and also to the main entrance of the building. 2. Eighteenth Avenue is proposed to be made into an entrance Boulevard with a landscape median. Primary function of Eighteenth Avenue will be to provide access to the main entrance and the parking area; and not to act as a thoroughfare, thereby controlling the - traffic. 3. The circular driveway has been modified to a horse-shoe form providing a more usable and pleasant entrance forecourt. This also provides for more parallel parking for use by the -handicapped, press and very short term use. The horseshoe island will also facilitate maintenance of the trailer on site for a much longer period of time during construction. BOOK 41 PA Or HU 665 OCT 101979 37 Fr- I OCT 101979 nu, 41 Fact�� 4. Parking for the Commissioners and other Senior County Officials will be provided close to the new Commission Chambers with a direct access from 26th Street. 5. To control the use of the main parking lots better, access from 17th Avenue, as shown in previous plan, has been eliminated. Following is a commentary of our discussion on trees and shrubs: The existing trees will remain with some exceptions of removal in the "pine family. "Also, on the northeast corner, there are approximately 40 transplantable cabbage palms, varying in height from 20 ft. to 28 ft., which will be used in the new landscape plans. As far as the existing shrubs, many of them will not be used in the new plan. In most cases, the shrubs are: 1. High maintenance type. 2. Diseased and lack care (fertilizing, etc.). 3. Too mature: Cut back and root damage incurred -in transplanting would not be practical, and most plants would not fit into new plans. 4. New plants cheaper. Suggestions on existing shrubs: 1. Some shrubs will be massed in the equipment area for screening and cooling. 2. Donate to charitable organizations, with removal by them. a. Garden Club - not interested. b. Individual school plants. C. Indian River County to start its own nursery. d. Throw in as salvage to General Contractor. Some common names of existing shrubs are in various quantities: 1. Ixora 2. Hibiscus 3. Multi -color crotons 4. Podocarpus 5. Orange Jessamine 6. Wax Viburnam 7. Ligustrum r 8. Seagrape 9. Philodendron There is one valuable loquat tree that will be transplanted. ALSO, there are 25 "independent pencil oak trees" that will be relocated. John Schlitt and I will be glad to come to the next Board Meeting on October 10, 1979 and present the modified plan. In the meanwhile, should you have any questions please do not hesitate to contact. Sincerely, NNEL TCALF �DYINC. Ra i ingh Project Manager MR. SINGH EXPLAINED THAT IN THE ORIGINAL PLAN, 18TH AVENUE WAS GOING THROUGH THE SITE AND POTENTIALLY DIVIDING THE COMPLEX INTO TWO PORTIONS, AND THEY BELIEVED THE STREET WOULD BE USED FOR T00 MUCH THROUGH TRAFFIC. THEY, THEREFORE, NOW PROPOSE IT BEING TREATED LIKE A BOULEVARD WITH ITS PRIMARY FUNCTION TO PROVIDE ENTRANCE TO THE BUILDING AND PARKING LOTS. THIS WOULD BE ACHIEVED BY CHANGING THE CIRCULAR ISLAND INTO A HORSESHOE AREA. MR. SINGH STATED THAT THIS WOULD INTEGRATE THE THREE BLOCKS AS THE COUNTY COMPLEX, AND IN ADDI- TION, IT WOULD FACILITATE MAINTENANCE OF THE TRAILER ON SITE FOR MUCH LONGER PERIOD OF TIME. MR. SINGH THEN REVIEWED THE PROPOSALS FOR LANDSCAPING, NOTING THAT MOST OF THE EXISTING SHRUBBERY IS OF A VERY HIGH MAINTENANCE TYPE, OR IS DISEASED OR T00 MATURE TO -BE TRANSPLANTED AND UTILIZED. MR. SINGH INFORMED THE BOARD THAT THESE CHANGES WOULD HAVE NO IMPACT ON THE TOTAL NUMBER OF PARKING SPACES, BUT WOULD PROVIDE A FEW MORE SPACES FOR THE HANDICAPPED, THE PRESS, ETC., FOR SHORT TERM USE. HE THEN DISCUSSED ELIMINATING ACCESS FROM 17TH AVENUE AND HAVING ONE ACCESS FROM 18TH AVENUE AND ONE FROM 26TH AVENUE. ARCHI- TECT JOHN SCHLITT NOTED THAT WE WILL BE PAVING OVER CLOSE TO THE GARDEN CLUB. DISCUSSION FOLLOWED ON THE ADVISABILITY OF MORE ACCESS, AND COMMISSIONER LOY ASKED IF MR. SINGH ENVISIONED THE PARKING BEING USED MAINLY BY EMPLOYEES. MR. SINGH FELT THE COUNTY WILL HAVE TO SET PRIORITIES AND ASSIGNMENTS. HE NOTED THAT IT ADDS UP TO 375 SPACES AS REQUIRED BY OCT 10 1979 39 Boa 41 N�GUE667, OCT 101979 BOOR 41 Fmu 66$ THE CODE, AND THEY HAVE NOT SHOWN ANY SEPARATION BETWEEN EMPLOYEE AND VISITOR PARKING, CHAIRMAN WODTKE ASKED IF WE NEED CITY OF VERO BEACH APPROVAL FOR LANDSCAPING OF THE LOT, AND ASSISTANT ADMINISTRATOR NELSON FELT IT IS ZONED HOSPITAL. ATTORNEY COLLINS BELIEVED THIS INCLUDES OTHER INSTITUTIONAL BUILDINGS AS WELL. HE NOTED THE CITY HAS REDEFINED THEIR CLASSIFICATIONS. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE PROPOSED REVISED SITE..PLAN FOR THE COUNTY ADMINISTRATION BUILDING AS PRESENTED BY MR. SINGH, WITH THE UNDERSTANDING THAT THERE IS THE APPROPRIATE NUMBER OF PARK- ING SPACES. THE HOUR OF 2:00 O'CLOCK P.M. HAVINVG 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 � �j / 1 in the matter of _ 7Wil. -T V - `T 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 Business Manager) (SEAL) (Clerk of the Circuit Court, In�14n 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: South 272.1 feet of North 544.2 feet of Government Lot 1, lying west of the west right- of-way of State Road AIA, Section 10, Town- ship 31 South, Range 39 East, said land lying and being in Indian River County, Florida. Be changed from A -Agricultural 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 Planning and Zoning Commission in the Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Thur- sday, August 23, 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 Commission Room of the Indian River County Courthouse, Vero Beach, Florida, on Wednesday, October 10, 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 Aug. 1, 3, 1979. 0— THE FOLLOWING NOTICE OF SAID HEARING WAS SENT TO MR. & MRS. PHILIP FERNANDEZ BY THE CLERK OF CIRCUIT COURT AS REQUIRED BY FLA. STAT, 125.66. F: REDA WRIGHT CLERK. CIRCUIT COURT AND RECORDER P. 0. BOX 1028 VERO BEACH - FLORIDA 32960 August 30, 1979 Mr. & Mrs. Philip Fernandez 4889 No. AIA Vero Beach, Florida 32960 Dear Mr. & Mrs. Fernandez: In compliance with Florida Statute 125.66, the following is a Notice of Public Hearing for rezoning, as requested by you and your Agent, Edwin S. Schmucker. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida, to -wit: South 272.1 feet of North 544.2 feet of Government Lot 1, lying west of the west right-of-way of State Road A -1-A, Section 10, Township 31 South, Range 39 East, said land lying and being in Indian River County, Florida Be changed from A -Agriculture District to R-1 Residential District. A public hearing in relation thereto will be held by the Board of County.Commissioners of Indian River County., Florida in the County Commission Room in the County Courthouse, Vero Beach, Florida, on Wednesday, October 10, 1979, at 2:00 o'clock P.M. jwc 41 Sincerely, Freda Wright Clerk OCT 10 1979 r 'I OCT 101979 BOOK 41 FADE 670 PLANNER WENDY LANCASTER INFORMED THE BOARD THAT THE SUB- JECT PROPERTY IS ON THE WEST SIDE OF S.R, AIA NORTH OF WABASSO BEACH ROAD, IT IS APPROXIMATELY TWO ACRES IN SIZE AND IS INTENDED TO BE SUBDIVIDED INTO THREE LOTS FOR SINGLE FAMILY RESIDENCES. THE AREA TO THE EAST of AIA IS DEVELOPED IN SCATTERED SINGLE FAMILY RESIDENCES, AND THE LAND TO THE WEST IS IN GROVES. MISS LANCASTER NOTED THAT REZONING TO R-1 WOULD PERMIT A DENSITY OF 6,2 UNITS PER ACRE; THERE ARE TWO OTHER REZONING APPLICATIONS IN PROGRESS FOR THIS SAME.GENERAL AREA; AND ALTHOUGH THE COMPREHENSIVE LAND USE PLAN DESIGNATES MEDIUM DENSITY, THE PLANNING STAFF WOULD RECOMMEND R -IAA BE APPROVED TO ALLOW FOR LESS INTENSE DEVELOPMENT. ATTORNEY JEROME KRAMER WAS PRESENT REPRESENTING THE APPLI- CANT AND STATED. THAT R -IAA WOULD BE ACCEPTABLE TO THEM. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER SIEBE.RT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 79-28 APPROVING RE- ZONING FROM A TO R-lAA As AGREED TO BY MR. AND MRS. PHILIP FERNANDEZ. ORDINANCE NO. 79-28 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were neard; 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: South 272.1 feet of North 544.2 feet of Government Lot 1, lying west of the west right-of-way of State Road A -1-A, Section 10, Township 31 South, Range 39 East, said land lying and being in Indian River County, Florida Be changed from A -Agricultural District to R-lAA Single Family District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect October 15, 1979. OCT 101979 nox 41, pnt 6 OCT 101979 �o, 41 PAGE 67 CHAIRMAN WODTKE COMMENTED ON A REMARK MADE BY THE PLANNING STAFF INFERRING THAT THE COMPREHENSIVE LAND USE PLAN MAY BE CHANGED IN THIS AREA FROM MEDIUM DENSITY. HE DISAGREED WITH THAT STATEMENT AND STATED THAT HE FELT THE STAFF NEEDS TO DO A LOT OF REVIEW OF THE WORK DONE ON THE COMPREHENSIVE PLAN IN REGARD TO THE REASONS FOR SOME OF THAT AREA BEING IN MEDIUM DENSITY. HE CONTINUED THAT HE HAS NO PROBLEM WITH PUTTING PART OF IT IN LOWER DENSITY, BUT FELT THE STAFF MADE AN OVERALL STATEMENT THAT THIS WILL BE CHANGED ON THE COMPREHENSIVE PLAN. HE DID NOT AGREE AND STATED THAT NOTHING OF THE SORT HAS BEEN DISCUSSED OR CONTEMPLATED AS FAR AS HE KNEW. THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida NOTICE NOTICE IS HEREBY GIVEN that the COUNTY OF INDIAN RIVER: Planning and Zoning Commission of Indian STATE OF FLORIDA River County, Florida, has tentatively ap- proved the following changes and additions to Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath the Zoning Ordinance of Indian River County, says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published Florida, which changes and additions are at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being substantially as follows: 1. That the Zoning Map be changed in order that the following c situated � � (,�.�-� between 43rd Avenue and 48th 8th Av nua e on the a , south side of North Gifford Road in Indian River County, Florida, to -wit: yr {1l The East 3.5 acres of Tract 2, Section 28, in the matter of ` Ct �1Z u �, C T i 1 �l c ,� T Township 32 South, Range 39 East; said land lying and being in Indian River County, Florida. d Si / f� q Be changed from R-2 Multiple Family �t ' !� C`1� i7rJ�J District to M-1 Restricted Industrial District. A public hearing in relation thereto at which parties in interest and citizens shall have an in the Court, was pub- 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 lished in said newspaper in the issues of Thursday, August 23, 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 - Affiant further says that the said Vero Beach Press -Journal is a newspaper published at mission Room, Indian River County Cour. Vero Beach, in said Indian River County, and that the said newspaper has heretofore thouse, Vero Beach, Florida, on Wednesday, been continuously published in said Indian River County, Florida, weekly and has been entered October 10, 1979, at 2:00 P.M. as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida Board of County Commissioners for a period of one year next preceeding the first publication of the attached copy of adver- Indian River County % By: William C. Wodtke Jr., Chairman tiserrent; and affiant further says that he has neither paid nor promised any person, firm or Indian River County Planning corporation any discount, rebate, commission or refund for the purpose of securing this adver- and Commission tisement for publication in the said newspaper. By: Dick Bird, Chairman 2..J4. Ar - 1, 3,1979. r- -Aug. ' 1 - -- Sworn to and subscribe befor met day of A.D.-'�T Business Manager) )r (Clerk of the Circuit Court, Iri4iah River County, Florida) (SEAL) 44 ® a � NOTICES OF THE PUBLIC HEARING WERE SENT TO ELLIS LAMA BARDEN, FRANK AND ELIZABETH TAYLOR, CLIFTON W. HUNT, AND BUSHEL AND JANET SMITH, BY THE CLERK OF CIRCUIT COURT AS REQUIRED BY FLA. STAT, 125.66. COPIES OF SAID NOTICES ARE ON FILE IN THE OFFICE OF THE CLERK, PLANNER WENDY LANCASTER REPORTED THAT THIS PROPERTY, CON- SISTING OF 3.5 ACRES, IS LOCATED BETWEEN 43RD AND 48TH AVENUES ON THE SOUTH SIDE OF NORTH GIFFORD ROAD. SHE CONTINUED THAT THIS STRIP OF R-2 ZONING, WHICH IS APPROXIMATELY 115' WIDE, HAS THREE SINGLE FAMILY RESIDENCES ON IT AND IS SURROUNDED BY M-1 ZONING, INCLUDING JUNK AND SALVAGE YARDS, MISS LANCASTER NOTED THAT THIS REZONING WAS INITIATED BY THE PLANNING & ZONING COMMISSION IN ORDER TO ESTAB- LISH ZONING CONSISTENCY. SHE FURTHER NOTED THAT THE EXISTING SINGLE FAMILY STRUCTURES WOULD BECOME NON -CONFORMING AND COULD NOT EXPAND OR REBUILD. COMMISSIONER LOY ASKED IF ANY OF THE PEOPLE OWNING THE HOMES IN QUESTION HAD COME TO THE PREVIOUS MEETING, AND MISS LANCASTER DID NOT BELIEVE THEY HAD, ALTHOUGH ALL WERE NOTIFIED. COMMISSIONER DEESON ASKED IF THESE PEOPLE COULD GET A VARIANCE IF THEIR HOME HAPPENED TO BURN, FOR INSTANCE, AND ATTORNEY COLLINS.STATED THAT IS A DISCRETIONARY DECISION OF THE VARIANCE BOARD;.GENERALLY, IF A NON -CONFORMING STRUCTURE IS 50% OR MORE DESTROYED, YOU CANNOT REBUILD. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, THERE WERE NONE, ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS,. THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 79-29 REZONING FROM R-2 TO M-1 AS REQUESTED BY THE PLANNING & ZONING COMMISSION. OCT 10 1979 45 �oo� , PAGE 611 L OCT 10 1979 41 PmUF67 ORDINANCE NO. 79-29 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice or 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 3.5 acres of Tract 2, Section 28, Township;32 South, Range 39 East; said land lying �tnd 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 October 15, 1979. DAVID MARSH, SENIOR PLANNER, DISCUSSED THE RELEASE OF EASEMENT REQUESTED BY ARTHUR FORBES IN OSLO PARK AND REPORTED THAT HE HAD PHYSICALLY INSPECTED THE PROPERTY AND HAD FOUND THAT THE EXISTING DRAINAGE PATTERNS ARE PRIMARILY TO THE FRONT AND REAR SWALES OF THE PROPERTY, MR. MARSH ANTICIPATED THERE WILL BE DRAIN- AGE PROBLEMS IN THIS PARTICULAR AREA AS THE DEVELOPMENT GROWS DUE TO THE FACT THAT THERE ARE NO CULVERTS, BUT FELT THAT SIDE LOT EASEMENTS WILL BE NEEDED ONLY IN THE MIDDLE OF THE BLOCK, IF AT ALL. HE, THEREFORE, RECOMMENDED THAT THE REQUESTED SIDE LOT LINE EASEMENTS BE ABANDONED. CHAIRMAN WODTKE NOTED THAT WE ALREADY HAVE RELEASED A GOOD MANY EASEMENTS IN THIS AREA, AND WE ACTUALLY DO NOT KNOW HOW MANY. MR. MARSH REITERATED THAT THE BULK OF DRAINAGE WILL BE IN THE FRONT AND REAR. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION. N0. 79-98 APPROVING THE RELEASE OF THE SIDE -LOT LINE EASEMENTS BETWEEN LOTS 7 AND S, BLOCK J, OSLO PARK, AS REQUESTED BY ARTHUR FORBES AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN; DOCUMENTS TO BE PREPARED AT THE EXPENSE OF THE APPLICANT. - 47 OCT 101979 Boos 41 PAG r- 675_ OCT 101979 RESOLUTION NO. 79-98 m5 41 cAp 67 WHEREAS., there is a drainage and utility easement of each side of the side lines of OSLO PARK, as filed in Plat Book Book 3, page 96, Indian River County, Florida, records, and WHEREAS, Arthur J. Forbes and Winifred Forbes his wife are the pwners of Lots 7 and 8, Block J, of Oslo Park, before described: and herein - WHEREAS, said property is under Contract for Sale and the prospec- tive purchasers are contemplating the erection of a building on said lots, which said building will lie over the side lot line easements on each side of the boundary line between Lots 7 and 8. WHEREAS, the said Purchasers will not complete said sale 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 2.5 foot side lot line easement on either side of the side lot line between Lots 7 and 8 on Block J, of said Oslo Park. 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 lith day of October, 1979. ' jATTEST: O-7 \ 4� CLERK OF THE CIRCUIT COUAD BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By A Walliam C. Wodtke, Chai an RELEASE' THIS REL.EIASE OF EASEMENT, made and executed this 10thjay of Octo: er '979t between I:1DT_A?*t RIVER COUNTY, FLORIDA, ;part of the first Tart, and Arthur J. --Forbes, and Sinifred Forbes, his wife, parties of the second part: WITNESSETH : For and in consideration of the sum of TEN AND N0/100 (10.00) Dollars and other good valuable considerations, in hand paid by the party of the second part; the receipt whereof being hereby acknowledged, the said party fo 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 2.5 feet of Lot 8 The North 2.5 feet of Lot 7 All on Block J of OSLO PARK, according to the Plat thereof filed in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 3 page 96, said land lying and being in Indian River County, Florida. IN WITNESS WHEREOF, the party of the first party, by virtue of the authority -rested by law in the Board of County Commissioners, and for and on behalf of the County of Indian River, State of Florida, have caused there 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: OCT 101979 BOARD OF COUNTY COMMISSIONERS OF INDIAN !:LIVER COUNTY, FLORIDA By -/"I/a - William e, Cha. an ATTEST: FREDA WRIGHT, Clerk of the Circuit Court (Seal) Boos 41 F, 677 k OCT 101979 BOOK �F 678 PAS,. 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 acknowledge- ments, personally appeared WTLL•IAM C. WODTK.E, JR,, Chairman of the _. Board of County Commissioners of Indian River County, State of Florida and acknowledge before me executing -the above and foregoing instru- ment, in the presence of two subscribing witnesses, freely and vol- untarily, under the authority duly vested in him by Law, and that the Seal of the- said Board of County Commissioners of Indian River County, State of Florida, affixed thereto in the true seal of the foregoing. Witness my hand and official seal in said State and County this 10th day of October , 1979 F J No ary Pu ic, State of II -'1 oraoradda at barge My Commission Expires:. moTAv PUBLIC STATE OF rLORIDA AT LWA MY COM►L1c S10h EXFIZ5 I-V 8 I• ' 2 @o4DED THRU GEW-P. A INS• UNDERWRIMS SENIOR PLANNER MARSH NEXT DISCUSSED RELEASE OF EASEMENTS REQUESTED BY HENRY LOSEY ALSO IN OSLO PARK AND STATED THAT THE BULK OF DRAINAGE AS IN THE PREVIOUS SITUATION WILL BE TO THE FRONT AND REAR SWALES. BASED ON FUTURE DEVELOPMENT, HE BELIEVED THERE WILL BE A NEED TO REGRADE SOME SWALES AND ADD ADDITIONAL CULVERT. MR. MARSH FELT THIS IS A REASONABLE REQUEST, BUT WOULD LIKE TO RE- TAIN ONE SIDE LOT EASEMENT IN THE MIDDLE OF THE BLOCK, WHICH WOULD NOT AFFECT THIS REQUEST. ON -MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0, 79-99 APPROVING RELEASE OF SIDE LOT LINE EASEMENTS BETWEEN LOTS S AND 9, BLOCK B, OSLO PARK, AS REQUESTED BY HENRY LOSEY, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN; DOCUMENTS TO BE PREPARED AT THE EXPENSE OF THE APPLICANT. 51 OCT 101979 BOOK 1 kcuE 67 OCT 10 1979 BOOK 41 FACE 0 RESOLUTION N0, 79-99 WHEREAS, there is drainage and utility easement on each side of the lot lines of Oslo Park, Block B. as filed in Plat Book 3,, Page 96, Indian River County, Florida,.records, and WHEREAS, Henry E'6-Losey and Linda E. Losey, his wi.fe,is the owners of lots 8 and 9, Block B. Oslo Park, P1 -,t Book 3,. Page 96,, Indian River County, Florida, WHEREAS, said property is in site plan approval for erection of a building on said lots, which said building will lie over side lot line easement on south side of lot 9, Block B and the north easem-nt of lot 8, of Block B. Oslo Park; and 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 2.5 foot side lot line easement over the South 2.5 feet of lot 9, Block B and the North 2.5 feet of Lots 8 Block B of said Oslo Park, but it is specifically understood that the side Lot line easement on the North side lot_ line of Lot 9 and the South easement on the lot line of Lot 8 will remain in full force and effect. 2. That the Chairman of the Board of County Commissianers be authorized to siren 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- 10th day of October, 1979. BOARD OF COUNTY COMM I S S ION ERS OF INDIAN RIVER COUNTY, FLORID, By f William C. Wodtke, Jr., Chairman ATTEST: FREDA WRIGHT CLERK OF THE CIKCU1T COURT r RELEASE OF EASEMENT THIS RELEASE OF EASEMENT, made and executed this _10th day of October 1979, between INDIAN RIVER COUNTY, FLORIDA. party of the first part, and HENRY E. LOSEY and LINDA E. LOSEY, 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 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 North 2.5 feet of Lot 8; The South 2.5 feet of Lot 9c All on Block "B", as shown on a plat of OSLO PARK, and recorded in the Public Records of Indian River County, Florida, Plat Book 3, page 96. 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 Chariman and its seal to be affixed, attested by its Clerk of the Circuit Court. 5rtgned sealed &.delivered in the presence of : OCT 101979 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY. FLORIDA BY 91 Wi11iam C. W t e,- Jr:. C airman ATTEST: FREDA WRIGHT, Clerk of the Circuit Court BY Boa 41 681 OCT 10 1979 STATE OF FLORIDA COUNTY OF INDIAN RIVER s d BOOK 41 FA,r 682 i t I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared WILLIAM C. I+IODTKE, 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 Commissioners of Indian River County, State of Florida, affixed thereto is the true seal of the foregoing, WITNESS, my hand and official seal in the State and County this day of Pt 1979, —Ab & ota u c, State f or-idi- atat Large My commission expires: tk T ` ..Y ;tiNIC STAIF Of FLORIDA AT LAAa u�^l!'';:r ?t:4tJ t�r�:'.R'.l i�v5 Ut�i?i Epti`vCITFkS (SEAL) I ITEM 26 IN REGARD TO WATER AT THE OLD HIBISCUS AIRPORT PROPERTY WAS WITHDRAWN FROM TODAY'S AGENDA, ITEM 29 IN REGARD TO MINING SHELL ON THE PROPERTY LEASED FROM THE DOT ON KENANSVILLE ROAD WAS ALSO WITHDRAWN FROM THE AGENDA, ATTORNEY COLLINS NOTED THAT ABOUT A MONTH AND A HALF AGO ATTORNEY MICHAEL O'HAIRE CAME BEFORE THE BOARD IN REGARD TO ABANDON- MENT OF A PORTION OF OLEANDER AVENUE, THE BOARD'S CONCERN ABOUT SUCH AN ABANDONMENT RELATED TO OBTAINING CERTAIN DRAINAGE AND UTILITY EASEMENTS, ATTORNEY COLLINS CONTINUED THAT THERE WERE SOME PROBLEMS WITH THE RESOLUTION SUBMITTED TO HIM BY ATTORNEY O'HAIRE SO IT WAS AMENDED AND SUBMITTED AGAIN. THE DIFFICULTY IS THAT UNDER THE STATU- TORY PROCEDURE YOU HAVE TO ADVERTISE THAT THE BOARD IS GOING TO CON- SIDER ABANDONMENT AND THEN ADVERTISE WITHIN 30 DAYS AFTER THE ABANDONMENT. THE BOARD APPROVED ABANDONMENT BY ADOPTING RESOLUTION No, 79-66, BUT DUE TO THE AMENDMENTS, BY THE TIME ATTORNEY O'HAIRE GOT IT BACK, THE 30 DAYS HAD EXPIRED AND HE HAD EXCEEDED THE STATUTORY TIME LIMIT. ATTORNEY COLLINS INFORMED THE BOARD THAT WE NOW HAVE THE SATISFACTORY FORMAT; EFFECTIVELY THE BOARD HELD A PUBLIC HEARING ON AUGUST STH; AND HE REQUESTED THAT THE BOARD READOPT THE RESOLUTION AT THIS TIME SO THAT IT CAN BE ADVERTISED ACCORDING TO THE STATUTE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 79-66 IN FINAL FORM, OCT 10 1979 55 Booz 41 PAGE 683 0d! 01979 f I� RESOLUTION NO. 19-66 B -v 41 F4�E��4 The Board of County Commissioners of Indian River County, Florida, resolve: 1. That a petition has been filed by KEITH R. MARTIN with this board requesting this Board to renounce and disclaim any right of the county and the public in'and to all lands or interest acquired for street, road or highway purposes in that area described hereafter: That part of oleander Avenue, as shown on the plat of WEONA PARK SUBDIVISION, as recorded in Plat Book 2, page 17, Indian River County public records, lying between Poinsettia Boulevard on the North and Orange Street on the South, together with that part of Orange Street lying between U. S. Highway No. 1 and State Road 510. The Board has determined that none of the street above described now constitutes or was acquired for a state or federal highway and none is located within the limits of any incorporated municipality and the Board has declared that a public hearing would be held to consider the advisability of granting the request and that a public hearing would be held before this Board in the County Commissioners' Room in the Indian River County Courthouse, Vero Beach, Florida at 11:00 o'clock A.M. on the 8th day of August, 1979, at which time, persons interested may appear and be heard. 2. This Board did publish notice of such public hearing one time on the 21st day of July, 1979, in the Vero Beach Press Journal, a newspaper of general circulation in said county, said publication being at least two weeks prior to the date stated for the public hearing as will more fully appear by Proof of Publi- cation thereof filed in the minutes of this meeting. At the time and place stated, the Board did hold the advertised public hearing and all persons interested were heard and this Board did determine that the street described above is not located within the limits of any incorporated municipality and was not acquired for and is not now being used for state or federal highways. _lith, O'Haire, Thatcher K Quinn, Attorney , 3103 Cardinal Drive, Vero Beach, Florin (305) 569-2900 �i 3. The Board of County Commissioners does herewith 1 renounce and disclaim any right of the county and the public in 1! j; and to the streets described as follows: (' That part of Oleander Avenue, as shown on the plat !; of WEONA PARK SUBDIVISION, as recorded in Plat Book 2, page 17, Indian River County public records, +� lying between Poinsettia Boulevard on the North �I and Orange Street on the South, together with that �! part of Orange Street lying between U. S. Highway E No. I and State Road 510, excepting only for 10 feet, measured 5 feet on either side of the centerline of I� Oleander Avenue for location of utilities. and does herewith vacate, abandon, discontinue and close all of �1 the same. 4. Notice of the adoption of this resolution shall be published one time within thirty days following its adoption in i;one issue of the newspaper of general circulation published in the county. The proof of publication of notice of the public hearing and certified copy of this resolution and proof of publication of the notice of the adoption of this resolution shall be recorded in the public records of Indian River County, Florida. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By Chairman ' ATTEST: - Clerk Adopted: August 8, 1979 Adopted in Final Form: October 10, 1979 �I Ii i OCT 10 1979 BOOK 41 puz 685 Smith, O'Haire, Thatcher & Quinn, Attorneys At Law, 3103 Cardinal Drive, Vero Beach, Florida 32960 (305) 569-2900 -�� aooK � OCT 101979 _ ,., cr, 6 8 6 ATTORNEY-COLLINS INFORMED THE BOARD THAT THE COUNTY WAS SERVED IN A LAWSUIT INVOLVING PRIMARILY SEWER SERVICE TO THE TOWN OF INDIAN RIVER SHORES. THE TOWN HAS FILED AGAINST BOTH THE CITY OF VERO BEACH AND THE COUNTY. THE ATTORNEY NOTED THAT THIS IS A MANY FACETED LAWSUIT, AND AT SOME TIME MAY REQUIRE AN IN-DEPTH DISCUSSION, BUT AT THIS TIME HE JUST WISHED TO HAVE AUTHORITY TO DEFEND ON BEHALF OF THE COUNTY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY COLLINS..TO DEFEND THE COUNTY IN THE LAWSUIT FILED AGAINST THE COUNTY BY THE TOWN OF INDIAN RIVER SHORES INVOLVING SEWER SERVICE. THE CHAIRMAN ANNOUNCED THAT THE BOARD WOULD AT THIS TIME CONSIDER THE MATTER INVOLVING THE ROADS IN MITCHELL SUBDIVISION. HE NOTED WE HAD SOME DISCUSSION ABOUT THE ROAD ENTRANCE FROM THIS DEVELOPMENT INTO COLONIAL TERRACE AT OUR LAST MEETING AND THE ADMINISTRATOR`S OFFICE AND THE PLANNING STAFF WERE REQUESTED TO DO SOME RESEARCH ON THE PRELIMINARY PLANS. ASSISTANT ADMINISTRATOR NELSON REPORTED THAT HE AND PLAN- NING LANNING DIRECTOR REVER SEARCHED THE MINUTES AND EVERYTHING THEY COULD FIND CONCERNING MITCHELL ESTATES. THEY KNOW THE PRELIMINARY SITE PLAN WAS APPROVED BY THE BOARD, BUT CANNOT DETERMINE WHEN THE PLANS WERE CHANGED TO INDICATE THE CUT THROUGH ON THE ROAD. THERE WAS DISCUSSION IN THE MINUTES RELATING TO THE ROADS, BUT NOTHING THAT INDICATES THAT THE BOARD EITHER APPROVED OR DISAPPROVED. THE SITE PLAN WAS GIVEN TENTATIVE APPROVAL IN 1977 AND THERE WAS AN EXTENSION OF THE PRELIMINARY PLAT IN APRIL OF 1979. ATTORNEY SAM BLOCK CAME BEFORE THE BOARD REPRESENTING THE OWNERS OF MITCHELL SUBDIVISION. HE INFORMED THOSE PRESENT THAT THE DEVELOPERS HAVE NEVER WANTED TO CUT THROUGH THAT PROPERTY FROM THE ONSET AND WOULD PREFER TO DO WHAT THE HOME OWNERS HAVE IN MIND. HE UNDERSTOOD THERE ARE TWO PRELIMINARY PLATS, AND STATED THAT THEIR ENGINEER, ED SCHMUCKER OF TOTAL DEVELOPMENT, WAS UNDER THE IMPRESSION THAT THE COUNTY WANTED THIS ROAD CUT THROUGH. _ 5M its r� �■t ATTORNEY BLOCK CONTINUED THAT THEY WOULD NEVER HAVE GONE AHEAD WITH CUTTING THE ROAD THROUGH IF THEY HAD NOT THOUGHT THEY WERE SUPPOSED T0, AND HE DID NOT BELIEVE ANYONE KNEW THERE WAS A PROBLEM UNTIL THEY WENT OUT AND LAID.THE CULVERT. ATTORNEY BLOCK STATED THAT HE HAD ASKED MR. PRICE OF GLOBAL PAVING HOW THE WORK THEY HAVE DONE COULD BE REMEDIED, AND MR. PRICE INFORMED HIM THAT TO REMEDY THE SITUATION, THEY WOULD HAVE TO TAKE OUT THE CULVERT AND REDO THE BANKS, ETC., WHICH WOULD COST ABOUT $500. ATTORNEY BLOCK CONTINUED THAT THEY ARE BEFORE THE COMMISSION TODAY TO STATE THAT THEY DO NOT REQUEST THAT THIS ROAD BE CUT THROUGH INTO COLONIAL TERRACE, BUT THEY DO FEEL THERE SHOULD BE SOME DISCUSSION ABOUT WHO IS GOING TO PAY TO PUT THIS BACK THE WAY IT WAS. HE NOTED THAT IF THEY WERE NOT REQUIRED TO DO THIS AS THEY HAD THOUGHT, THEY DO NOT FEEL THEY SHOULD HAVE TO BEAR THIS COST. JOHN COLLINS, PRESIDENT OF THE COLONIAL TERRACE SUBDIVISION PROPERTY OWNERS' ASSOCIATION, INFORMED THE BOARD THAT THE CULVERT HAS BEEN INSTALLED, AND FROM WHERE THE CULVERT WAS INSTALLED UNTIL YOU GET DOWN TO DR. AND MRS. HILLS PROPERTY, THE PAVING HAS BEEN TAKEN OUT, MR. COLLINS FELT THE CULVERT HAS TO BE REMOVED, THE SWALE RE- DONE, THE PAVING REPLACED THAT WAS RIPPED OUT, AND TREES REPLACED, OR MOTORCYCLISTS WILL GO THROUGH THERE. COMMISSIONER SIEBERT ASKED ENGINEER SCHMUCKER WHAT LED THEM TO BELIEVE THE ROAD SHOULD BE CUT THROUGH. ENGINEER ED SCHMUCKER STATED THAT FORMER PLANNING DIRECTOR VAL BRENNAN WANTED THE STREETS CONNECTED, AND HE BELIEVED THERE HAD BEEN COMMENTS MADE ABOUT CIRCULATION THROUGH THE SUBDIVISION. HE CONTINUED THAT HE HAD FELT IT WAS INTENDED THAT THE STREETS SHOULD BE CONNECTED AND NOTED THAT WHEN THEY TOOK THE ORIGINAL BIDS ON THIS SUBDIVISION, THERE WAS SPECIFIC INSTRUCTION ABOUT THE SIZE OF THE CULVERT AND THE FACT THAT THE PAVEMENT IN COLONIAL TERRACE WAS SOME 60' NORTH OF THE PROPERTY LINE SO THE CONTRACTOR WOULD NOT - FALL INTO THE TRAP OF THINKING THAT HE ONLY HAD TO GO TO THE MITCHELL _SUBDIVISION PROPERTY LINE. MR.-SCHMUCKER NOTED THAT THE COUNTY HAS OCT 101979 59 Boa 41, PACE 687 OCT 101979 Boal 41 �Aa 688, IN THEIR FILES BOTH PRELIMINARY PLATS HE FELT AS THE PLAT ORIGI- NALLY WAS SUBMITTED, IT DID NOT SHOW -THE CONNECTION, BUT THAT AFTER MANY MEETINGS THIS WAS REQUESTED, AND HE FELT CERTAIN HE GOT THI_S IMPRESSION FROM THE BOARD BECAUSE THERE WAS NO PRESSURE ON HIM BY THE DEVELOPER TO DO TH-IS. MR. SCHMUCKER FURTHER POINTED OUT THAT THERE ARE TWO STREETS IN COLONIAL TERRACE WHICH MITCHELL SUBDIVISION LINES UP WITH AND MATCHES; IN FACT, THEY HAVE A LITTLE KINK IN THEIR STREETS IN ORDER TO MATCH UP WITH THE STREETS ON THE SOUTH. HE NOTED THAT HE HAS LOTS OF NOTES ABOUT ALIGNING THE STREETS; BUT ACTUALLY NOTHING ABOUT PHYSICALLY CONNECTING THEM. - ATTORNEY COLLINS STATED THAT MR. SCHMUCKER'S COMMENTS INVOLVE HIM AND THE CONTRACTOR; THERE WAS NO OVERT ACTION BY THE COUNTY. MR. SCHMUCKER COMMENTED THAT WHEN YOU TALK ABOUT MAKING STREETS ALIGN, THERE IS SOME ASSUMPTION ABOUT CONNECTING THEM; HE DID NOT BELIEVE THE DEVELOPER WOULD HAVE PAID FOR THE PIPE AND EXTRA PAVING TO MAKE THE CONNECTION OTHERWISE. COMMISSIONER Loy STATED THAT SHE WAS NOT SURE WHO MADE THE MISTAKE, AND POSSIBLY IT WAS A RESULT OF HAVING THREE DIFFERENT PLANNERS IN THE LAST YEAR OR SO; HOWEVER, IT APPEARS'A REAL MISTAKE HAS BEEN MADE, AND SHE FELT WE MUST ALL DO ALL WE CAN TO CORRECT IT AS QUICKLY AS POSSIBLE. SHE POINTED OUT THAT THE STREET THEY PLAN TO CONNECT UP WITH IN COLONIAL TERRACE DOESN'T GO ANYWHERE, BUT JUST WINDS THROUGH THE SUBDIVISION, AND FURTHER NOTED THAT WE HAVE SOME VERY GOOD SUBDIVISIONS IN THIS COUNTY THAT ARE GOOD SPECIFICALLY BE- CAUSE YOU CAN T CONNECT UP THE STREETS THIS WAY. COMMISSIONER Loy SUGGESTED THAT BEFORE WE JUMP IN AND TEAR OUT THE CULVERT, WE SHOULD HAVE OUR ENGINEER CHECK TO SEE IF WE ARE DOING THE RIGHT THING. SHE DID AGREE THAT THIS MUST BE CUT OFF COMPLETELY OR THERE WILL BE MOTORCYCLE PROBLEMS. CHAIRMAN WODTKE AGREED THAT A DEVELOPER WOULD NOT PUT IN A CULVERT OR TEAR UP PAVEMENT IF HE DIDN'T FEEL HE HAD T0, AND OBVIOUSLY, THERE HAS BEEN A SERIOUS MISUNDERSTANDING. HE SUGGESTED THAT IF THE DEVELOPER WOULD AGREE TO GO BACK AND PULL THE CULVERT OUT, WE COULD AUTHORIZE THE ADMINISTRATOR TO GO IN AND TAKE THE SPOIL, RESHAPE THE DRAINAGE DITCH, AND REPLACE THE NECESSARY PAVE- MENT SINCE WE ARE RESPONSIBLE FOR MAINTAINING THE ROADS. HE COM- MENTED THAT THIS WOULD BE DONE WITH THE UNDERSTANDING THAT OUR ENGINEER WOULD LOOK AT THIS TO SEE IF AN OPEN DRAINAGE DITCH WOULD BE MORE PRODUCTIVE THAN A CULVERT. JOHN COLLINS FELT IF THAT IS THE BOARDS POSITION, HE WOULD MAKE NO FURTHER STATEMENTS EXCEPT TO EMPHASIZE THAT THE REMOVAL OF THE CULVERT IS ESSENTIAL BECAUSE OF THE MOTORCYCLE TRAFFIC. HE ASKED IF THERE IS ANYTHING THE RESIDENTS OF COLONIAL TERRACE COULD DO IN THE WAY OF REFORESTATION ON THE COUNTY RIGHT-OF-WAY TO ACT AS A BLOCK. HE NOTED THEY HAVE A VERY LIMITED BUDGET, BUT POSSIBLY THEY COULD DO SOME REPLANTING. ASSISTANT ADMINISTRATOR NELSON FELT THE COUNTY WOULD BE GLAD TO LET THEM USE SOME OF THE SHRUBBERY FROM THE OLD HOSPITAL COMPLEX, AND COMMISSIONER LYONS CONFIRMED HIS OFFER. IN GENERAL DIS- CUSSION, IT WAS POINTED OUT THAT THEY COULD NOT PLANT MALALEUCA TREES, AUSTRALIAN PINES OR PEPPER TREES. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY INSTRUCTED THE DEVELOPER OF MITCHELL SUBT- DIVISION TO REMOVE THE CULVERT AND HIS MATERIALS AT 11TH COURT, AND AGREED THAT UPON REMOVAL, THE COUNTY WILL REINSTALL THE DITCH AND ALSO THE PAVING IN COLONIAL TERRACE; THE RESIDENTS OF COLONIAL TER- RACE ARE TO DO ANY LANDSCAPING; COST OF REMOVAL OF THE CULVERT TO BE BORNE BY THE DEVELOPER AND COST OF THE DITCH AND PAVING TO BE BORNE BY THE COUNTY. COMMISSIONER LOY..POINTED OUT -THAT THERE IS ANOTHER STREET ON THAT PLAN THAT SHOULD NOT BE CONNECTED UP MOTH COURT). ATTORNEY BLOCK STATED THAT THEY HAVE NEVER HAD ANY INTEN- TION OF PASSING THROUGH THE OTHER_.ENTRANCE, BUT POINTED OUT THAT IT HAS BEEN PAVED HALFWAY ON THAT STREET, AND THEY WILL BE PAVING THE OTHER HALF, WHICH WILL MAKE AN ENTRANCE, 61 OCT 101979 Box 41 pnu 689 OCT 10,979 FAp� 6 gOOK 9 1 � a ATTORNEY-COLLINS FELT THE PAVING STOPPED IN SOMEONE'S BACK YARD, BUT MR. KILROY STATED THAT THE PEOPLE HAVE PAVED UP TO THE COUNTY RIGHT-OF-WAY, AND THE DEVELOPER WILL BE REQUIRED TO PAVE UP TO IT ALSO. HE NOTED THERE IS NO DITCH THERE RIGHT NOW, AND ONCE THE PAVING IS DONE ON THE MITCHELL SUBDIVISION SIDE, IT PROBABLY WILL GIVE ACCESS. COMMISSIONER LYONS NOTED THAT THERE SEEMS TO BE A LACK OF UNDERSTANDING ON THIS MATTER, AND HE SUGGESTED THAT ATTORNEY COLLINS AND REPRESENTATIVES FROM -THE DEVELOPER AND THE PLANNING DEPARTMENT MEET AND LOOK INTO THIS SITUATION TO DETERMINE WHAT THEY ARE TALKING ABOUT AND WHAT IS A REASONABLE SOLUTION. THE BOARD AGREED THAT IT IS THEIR INTENTION NOT TO HAVE THROUGH TRAFFIC ON THE EASTERLY ROAD OF MITCHELL SUBDIVISION, WHICH IS LOTH COURT, AND THAT IT SHOULD BE SO STATED IN THE MINUTES. THE CHAIRMAN INSTRUCTED THAT THIS STATEMENT BE INCLUDED ON THE FINAL PLAT. ASSISTANT ADMINISTRATOR NELSON DISCUSSED WITH THE BOARD A LETTER RECEIVED FROM JOHN MARSHALL REPRESENTING FLORIDA INTERCONNECT TELEPHONE COMPANY PROPOSING AN ALTERNATE TELEPHONE SYSTEM FOR THE COUNTY ADMINISTRATIVE COMPLEX. HE REPORTED THAT WE DID GET A LIST OF PEOPLE WHO HAVE THIS SERVICE AND HE CONTACTED SEVERAL TO SEE HOW THEY FELT ABOUT THE INTERCONNECT SYSTEM AND SERVICE. THE FOLLOWING ARE THE COMMENTS MADE: HOWARD JOHNSON OCEANSIDE SAID THE SYSTEM IS SATISFACTORY, BUT THAT IT WAS NOT AT FIRST. SANDPIPER BAY RESORT HAS HAD THE SYSTEM FOR TWO YEARS, AND THEY ARE NOT SATISFIED. SEBASTIAN RIVER MEDICAL CENTER HAS HAD THIS SERVICE FOR FIVE YEARS AND FEELS IT SHOULD BE FASTER. ,JONES, PAINE & FOSTER HAVE HAD LOTS OF PROBLEMS, PARTICULARLY WITH PARTS ON ORDER. INDIAN RIVER MEMORIAL HOSPITAL HAS SOME PROBLEMS, AND THE RIVIERA BEACH POLICE DEPARTMENT STATED THAT IT GIVES POOR SERVICE AND POOR PERFORMANCE. JOHN MARSHALL CAME BEFORE THE BOARD REPRESENTING FLORIDA INTERCONNECT AND NOTED THAT HE HAS ONLY MOVED INTO THIS AREA IN THE LAST THREE MONTHS. IN REGARD TO THE COMPLAINTS PRESENTED BY MR. NELSON, HE STATED THAT HE HAS BROUGHT FOUR TECHNICIANS WITH HIM, AND HE FELT THOSE CONTACTED ARE SAYING THAT THEIR SERVICE IS NOW BETTER, WHICH INDICATES THAT HIS COMPANY IS PRESENT IN THE AREA, MR. MARSHALL CONTINUED THAT MOST GOVERNMENTS AND BUSINESSES HAVE FOUND NATIONWIDE THAT THE ALTERNATIVE HIS COMPANY HAS TO OFFER IS GENERALLY GOOD OR BETTER THAN THE BELL SYSTEM. HE POINTED OUT THAT THE FINANCIAL CONSIDERATIONS ARE VERY GOOD, BUT AGREED IF YOU DON'T GET GOOD SERVICE, SAVING A LOT OF MONEY IS WORTH NOTHING. MR. MARSHALL STATED THAT HE DID NOT KNOW ANYTHING ABOUT THE RIVIERA BEACH INSTALLATION AND WAS NOT SURE IT IS THEIR SYSTEM. HE CONTINUED THAT HE WOULD LIKE TO MAKE A PRESENTATION AND DO AN EVALUATION IN COMPETITION WITH SOUTHERN BELL. COMMISSIONER SIEBERT STATED THAT HE PERSONALLY COULDN'T TAKE THAT KIND OF CHANCE WITH THE TRACK RECORD PRESENTED, ASSISTANT ADMINISTRATOR NELSON NOTED THAT HE HAS HEARD WHEN YOU CALL FOR REPAIRS, YOU GET AN ANSWERING SERVICE, AND MR. MARSHALL STATED THAT THEY HAVE AN ANSWERING SERVICE ONLY ON NIGHTS AND WEEKENDS. MR. NELSON INFORMED THE BOARD THAT MR. KONTOULAS, THE CONSTRUCTION PROJECT REPRESENTATIVE, HAS INFORMED HIM THAT THE EN- GINEERING FIRM NEEDS TO HAVE A DECISION ON THE TELEPHONE SYSTEM AS SOON THE BOARD CAN MAKE IT. COMMISSIONER Loy STATED THAT SHE IS SYMPATHETIC TO MR. MARSHALL, BUT THIS PROJECT IS NEW TO US AND WE NEED ALL THE -HELP WE CAN GET; WE DON'T NEED ANY PROBLEMS. SHE NOTED THAT WE DELAYED OUR DECISION IN ORDER FOR MR. NELSON TO MAKE SOME INQUIRIES, AND'SHE FELT WE WILL HAVE TO GO WITH WHAT MR. NELSON HAS PRESENTED TO US. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN THE LETTER OF ELECTION REQEUSTING SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY TO PROVIDE TELEPHONE EQUIPMENT AND SERVICE FOR THE COUNTY ADMINISTRA- TIVE COMPLEX. MS. HIRSCHBERG, REPRESENTATIVE OF SOUTHERN BELL, INFORMED THE BOARD THAT AT THIS POINT, THE COUNTY SHOULD MAKE APPLICATION FOR A SUNCOM NUMBER. - 63 - OCT 101979 ° OCT 10 1979 OK 4 1 `'AGUE69 Board of County Commissioners Indian River County _ N SOUTHEMI BELL TELEPHOTTE AIND TELEGRAPH COMPAiTY LETTER OF ELECTION The undersigned Subscriber requests the Southern Bell Telephone and Tele-. graph Company to provide, at the address designated below, equipment in accordance with the Telephone Company's lawfully filed tariffs. Important tariff provisions relating to Two -Tier pricing are set forth herein: 1. Southern Bell will provide, install, maintain and provide mainte- nance service for the following basic equipment and any subsequent additions subject to the availability of parts: Dimension 400-76 2. The subscriber agrees to pay Southern Bell for the equipment described -above. The subscriber will pay: (Check appropriate box) A One Time Payment price or —) A Tier A monthly price for -60 months, _ the Initial Service Period plus the Tier B monthly price for the duration of service. In -the case of Alter- nate Plan 1, an installation charge also applies. Tier A monthly prices are not subject to change during the Initial Service Period. Tier B prices are subject to chance at any time in conformity with currently effective tariffs. In the event of disconnection of all or part of the equipment prior to the expiration of the Tier A Initial Service Period, the Subscriber will be re- quired to pay a termination charge equal to the present worth of the remaining Tier A payments at the interest rate used in determining the Tier A monthly rates. A lump sum payment for the Tier A balance due will be made. Considera- - tion will be given as to the reusability of the equipment and credit given the Subscriber, if appropriate. At any time during the Tier A Initial Service Period the Subscriber has the option of making a lump sum payment of the Tier A balance using -the procedures described for disconnection of equipment. 3. Suspension of service is not permitted for eauipment covered by this agreement. 4. The Subscriber agrees to pay any added costs incurred by the Telephone'Company because of a change by the Subscriber of the location designated for the equipment prior to the time it is placed'in service. 5. If the service requested by the Subscriber is cancelled prior to the establishment of service, but after the date of ordering reflected herein, the Subscriber agrees to pay the cost incur- red by the Telephone Company in engineering, ordering and pro- viding the equipment and disposing of it, less credit obtained through disposal. This agreement is effective when executed by the Subscriber and accepted by the Telephone Company and is subject to and controlled by the provisions of the Company's lawfully filed tariffs, including any changes therein as may be made from time to time. ADDRESS: I.84o 2r"th Street , Vero Beach Florida Street number and Name City or Town, and State Board of County Comissioners SUBSCRIBER: Indian. direr Coun-* r , TITLE, Chairman SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY ACCEPTED: '19 , BY: TITLE: NOTATION: -Date of the establishment of service of the initial system: May be entered when service is established OCT 101971 Baas 41 MEW OCT 101979 RGE 694 ASSISTANT ADMINISTRATOR NELSON DISCUSSED WITH THE BOARD THE FOLLOWING LETTER FROM RAY PRESCOTT REGARDING DRAINAGE PROBLEMS IN HAEGER HIGHLANDS: September 12, 1979 William Wodtke, Jr., Chairman Board of. County Commissioners Indian River County Vero Beach, Fl 32960 Dear Mr.- Wodtke: In May 1975, the County Commission approved the sub -division known as.Haeger Highlands, located on Tenth Avenue south of Citrus Road. The Plat was sigm d by Jack Jennings for the county, and by Haeger and Kitzmiller for the sub -division. This sub -division does not meet the specifications set by the county, and yet building permits were issued. This road (Tenth Ave.) is only 49.5 ft wide and unpaved then, as well as now. My property, 255 - 9th Court, lies immediately adjacent on the east property line, and my drainage, as well as the drainage for the entire area flows to the west. This natural drainage flow has been impaired. Now Haeger Highlands sub- division is draining to the east, and blocking the normal drainage pattern for my property and other properties lying on the adjacent east line of Haeger HighlandsSub-division. Water now stands on my back lot approximately 12" deep, cover- ing 4/10 of my one acre lot. This water is a direct run-off from Haeger Highlands to my property, with no relief ditches. Also there exists two vacant lots on the east side of this subdivision; and when built on will cause me and my neighbors even more water problems. I consider this an extremely damaging situation to my property, as well as creating a tremendous health hazard. I consider the county responsible for allowing this situation to exist. I would appreciate your examining this situation, and taking immediate action to correct this inadequate drainage -provision. Yours truly, \'_Ra _''rescott d 2=55 9th Court Vero Beach, F1 32960 CC: Jack Jennings Count; :ydministrator MR. NELSON INFORMED THE BOARD THAT ZONING DIRECTOR WALKER HAS LOOKED INTO THIS SITUATION AND HAS COMMENTED THAT EVEN THOUGH THE COUNTY IS NOT RESPONSIBLE FOR THE UPKEEP OF THESE ROADS OR FASEMTS, THEY DID ALLOW THIS PLAT TO BE PLACED ON RECORD, AND IT IS HIS FEELING THAT THE COUNTY SHOULD GIVE SOME TYPE OF RELIEF - EITHER PUT IN A DITCH FROM 4TH STREET SOUTH TO THE UTILITY EASEMENT BETWEEN LOTS 4 AND 5, BRING THE PROBLEM TO THE DEVELOPER'S ATTENTION AND ASK HIM TO REMEDY THE SITUATION, OR POSSIBLY ASSESS THE PROPERTY OWNERS INVOLVED FOR THE COST OF DIGGING THE DITCH. MR. NELSON CON- FIRMED THAT THE COUNTY DID ALLOW THIS SUBDIVISION TO BE PLATTED, BUT IT APPEARS THAT PROPER DRAINAGE WAS NEVER PUT IN HAEGER HIGHLANDS AND MR. PRESCOTT IS BEING FLOODED AS A RESULT. RAY PRESCOTT INFORMED THE BOARD THAT 9TH COURT IS A PRIVATE ROAD MAINTAINED BY THE RESIDENTS. IT IS PAVED, BUT NOT TO COUNTY STANDARDS. HE NOTED THAT THE COUNTY ACCEPTED THIS SUBDIVISION FOR PLATTING IN MAY OF 1975 AND ASKED WHAT WAS APPROVED IN THE WAY OF DRAINAGE. ATTORNEY COLLINS STATED THAT LEGALLY, HE DID NOT FEEL THE BOARD HAS THE RESPONSIBILITY IN THIS SITUATION. IN REGARD TO THE ZONING DIRECTOR'S COMMENTS, HE NOTED THAT CLEARLY THE THIRD SUGGES- TION IN REGARD TO ASSESSING THE PROPERTY OWNERS IS NOT AUTHORIZED. HE FELT THE PROPERTY OWNERS IN THE SUBDIVISION DO HAVE THE RESPONSI- BILITY, AND HE SUGGESTED THE BOARD (DULD COOPERATE IN ORGANIZING WITH THE PROPERTY OWNERS TO GET THIS CLEARED UP. MR. PRESCOTT STATED THAT HE FAILED TO UNDERSTAND HOW THE COUNTY COULD APPROVE SOMETHING THAT DOES NOT MEET THE REQUIREMENTS, HE CONTINUED THAT WHETHER IT WAS BUILT ACCORDINGLY OR NOT, THE COUNTY DID ACCEPT THE PLAT AND HE FELT THEY SHOULD CORRECT THE PROBLEM. ATTORNEY COLLINS EXPLAINED THAT IN MARCH OF 1975 THE BOARD APPROVED AN ENTIRELY NEW SUBDIVISION ORDINANCE, WHICH IS CUR- RENTLY IN EFFECT, HAEGER HIGHLANDS APPARENTLY WAS GRANDFATHERED IN AND WOULD NOT HAVE HAD TO MEET THE REQUIREMENTS OF THE 1.975 ORDI- NANCE, WHICH HAS MUCH MORE STRINGENT STANDARDS THAN THE PRIOR LAWS REGULATING SUBDIVISION. PAVED ROADS ARE NOW REQUIRED, FOR INSTANCE. - MR. PRESCOTT NOTED THAT THE ATTORNEY HAD STATED THAT THE -COUNTY HAS NO OBLIGATION, BUT THE PROPERTY OWNERS DID, AND ATTORNEY OCT 101979 67 BOOK FAGE 695 OCT 10 1979n FAuE 6 COLLINS READ HIM THE STATEMENT FROM THE PLAT SETTING OUT THAT THE ROADS AND EASEMENTS ARE NOT DEDICATED FOR PUBLIC USE AND WILL NOT BE MAINTAINED OR IMPROVED BY THE COUNTY. MR. PRESCOTT CONTINUED TO ARGUE THAT WHAT WAS DONE WAS DONE INCORRECTLY. COMMISSIONER LOY AGAIN EXPLAINED THAT THIS WAS DONE ACCORD- ING TO THE PRIOR REGULATIONS; IT WOULD NOT BE RIGHT TODAY. THIS SITUATION IS ONE OF THE REASONS WE HAD TO COME UP WITH THE NEW REGULATIONS. ATTORNEY COLLINS ASKED ZONING DIRECTOR WALKER HOW THIS PROBLEM COULD BE RESOLVED, AND MR, WALKER STATED THAT THERE SHOULD BE A DITCH FROM CITRUS ROAD SOUTH TO THE UTILITY EASEMENT BETWEEN LOTS 4 AND 5. THERE SHOULD HAVE BEEN SOME DRAINAGE FOR THIS SUBDI- VISION, AND THERE IS NOT ANY THERE. ATTORNEY COLLINS ASKED MR. PRESCOTT IF HE HAD DISCUSSED THIS WITH THE PROPERTY OWNERS ON THE EAST SIDE, AND MR. PRESCOTT STATED THAT MOST WERE NON -COMMITTAL BECAUSE THEY FELT IT WOULD COST THEM MONEY. HE NOTED THAT WHEN THE TWO VACANT LOTS ON THE EAST SIDE ARE BUILT ON, IT WILL MAKE THE SITUATION MUCH WORSE. CHAIRMAN WODTKE FELT ALL THE BOARD CAN DO IS CONTACT THE DEVELOPER AND THE PROPERTY OWNERS, AND ATTORNEY COLLINS SUGGESTED THAT THE ADMINISTRATOR BE INSTRUCTED TO CONTACT THE VARIOUS OWNERS WHO HAVE LOTS ON THE EAST SIDE, AS WELL AS THE DEVELOPER, AND INFORM THEM OF THEIR RESPONSIBILITIES UNDER THE PLAT IN REGARD TO PUTTING IN THE DRAINAGE OR MAINTAINING THE DRAINAGE AS IT IS SUPPOSED TO BE. HE FELT IF THAT DOESN'T WORK, IT CAN THEN BE REFERRED BACK TO THE BOARD FOR FURTHER CONSIDERATION. THE CHAIRMAN INSTRUCTED THE ADMINISTRATOR TO PROCEED AS DIRECTED BY THE ATTORNEY. ASSISTANT ADMINISTRATOR NELSON REPORTED ON THE STATUS OF REVISING PERMIT APPLICATION FOR THE CONSTRUCTION OF INDIAN RIVER BLVD. FROM S.R. 60 TO BARBER AVENUE. HE INFORMED THE BOARD THAT MID SOUTH ENGINEERING COMPANY CAN WORK ON THE REVISED PERMITS WITHIN THE $5,000 LIMIT, BUT GREINER ENGINEERING,WHO DID THE ORIGINAL DESIGN, HAS STATED THAT THEIR CHARGES FOR THE DESIGN MODIFICATIONS REQUIRED UNDER THE NEW DER GUIDELINES WOULD BE MANY TIMES $5,000. WE, � � r THEREFORE, ARE GOING TO HAVE TO INTERVIEW OTHER ENGINEERING FIRMS AND SELECT ONE TO DO THE DESIGN MODIFICATION. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COM- MISSIONER LOY, TO AUTHORIZE THE ADMINISTRATOR TO GO OUT FOR BID FOR CONSULTING ENGINEERS TO DO THE DESIGN MODIFICATION NECESSARY FOR INDIAN RIVER BOULEVARD. COMMISSIONER LOY ASKED WHAT ASSURANCE WE CAN GET THAT WHEN WE REVISE THESE PLANS FOR THE 3RD OR 4TH TIME THAT THEY WILL BE APPROVED, AND COMMISSIONER LYONS DID NOT FEEL WE CAN CET ANYTHING CONCRETE, HE STRESSED THAT TIME IS OF THE ESSENCE TO TRY AND GET THIS COMPLETED WHILE THE SAME DER PEOPLE ARE STILL INVOLVED. COMMISSIONER LOY EXPRESSED SURPRISE THAT THE FIRM WHO DID THIS WORK ORIGINALLY WOULD CHARGE THAT MUCH FOR THE MODIFICATIONS. ASSISTANT ADMINISTRATOR NELSON EXPLAINED THAT THE ROAD HAS BEEN CHANGED FROM FOUR LANE TO TWO LANE AND ALSO HAS CONE FROM BOX CULVERTS TO TWO BRIDGES. THE CHAIRMAN CALLED FOR THE QUESTION. -IT WAS VOTED ON AND CARRIED UNANIMOUSLY. ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ACCEPTED THE PROPOSAL FROM MID SOUTH ENGINEERING COMPANY IN REGARD TO REVISING PERMIT APPLICATIONS FOR THE CONSTRUCTION OF INDIAN RIVER BLVD. AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. 69 OCT 10 1979 Boa 41 PAGE 9! OCT 101979 Mr. Neil Nelson Assistant County Administrator Indian River County 2145 14th Avenue Vero Beach, Florida 32960 Re: Permits for Indian River Blvd. MSE 7825 Dear Mr. Nelson: (JGK41 PAGE 698 October 1, 1979 Mid South Engineering Company is pleased to submit a proposal to assist Indian River County in revising permit applications for the construction of Indian River Blvd. from SR 60 to Barber Avenue. It is our understanding that this service will be furnished on an actual manhour basis. Therefore, attached is an Exhibit "A" indi- cating our costs per hour. The billing for this service will be monthly with the total expense not to exceed $5,000.00. If this proposal is acceptable, please advise by signing below and returning one copy to the Engineer. Sincerely, MID S TH ENGINE RI G COMP) /) G.T. Heinl Vice President GTH:sf ACCEPTED: TE. October 10 1979 233 COMMERCIAL BOULEVARD • LAUDERDALE -BY -THE -SEA, FLORIDA 33308 - PHONE (305) 771.1661 EXHIBIT "A" MID SOUTH ENGINEERING COMPANY PERSONNEL CLASSIFICATION HOURLY FEES Partner . . . . . . . . . . . . . . . . . . . . . . $50.00 Structural Engineer . . . . . . . . . . . . . . . . 40.00 Traffic Engineer. . . . . . • • • • . . . • . . 35.00 Sanitary Engineer . . . . . . . . . . . . . . . . . 35.00 Drainage Engineer . . . . . . . . . . . . . . . . . 35.00 Highway Engineer . . . . . . . . . . . . . . . . . . 35.00 Senior Planner . . . . . . . . . . . . . . . . . . . 30.00 Urban Planner . . • . . . . . • • • . . . 25.00 Designer . . . . . . . . . . . . . . . . . . . . . . 30.00 Graphics Illustrator . . . . . . . . . . . . . . . . 20.00 Draftsman . . . . . . . . . . . • . • • . . . . . 18.00 Clerical . . . . . . . . . . . . . . . . . . . . 13.50 Field Inspector . . . . . • • • . . . • . • • . . 25.00 Permit Engineer . . . . . . . . . . . . . . . . . 30.00 3 Man Survey Crew . . ._ . ... . • • • . . • . . . 40.00 4 Man Survey Crew . . . . . . . . . . . . . . . . . 50.00 HIM OCT 101979 BOOK 41 fcE 699 J ENGINEER JAMES BEINDORF CAME BEFORE THE BOARD TO DISCUSS 6TH AVENUE -12TH STREET SEWER HOOK-UP PROCEDURES. HE NOTED THAT THE CONTRACT BETWEEN THE CITY OF VERO BEACH, THE COUNTY AND VERO MALL HAD PROVISIONS THAT WHEN THE TIME CAME, WE COULD TAKE OVER THE WATER LINES WITHOUT SEWER OR VICE VERSA. IN THIS CASE, WE ARE TALK- ING ABOUT SEWER LINES WITHOUT WATER LINES. MR. REINDORF NOTED THAT THE AGREEMENT REQUIRED THE DEVELOPER TO POST A CHECK TO PUT IN A SEWAGE METER IF AND WHEN THE TIME CAME TO METER RAW SEWAGE AT THE VERO BEACH TREATMENT PLANT, HE STATED THAT ONE OF THE THINGS WE NEED TO DO IS TO NOTIFY THE CITY THAT THE COUNTY WISHES TO TAKE THE SEWAGE MAIN OVER AND IT WILL BE THE COUNTY'S RESPONSIBILITY, BUT BEFORE ACTUAL ACCEPTANCE OR TAKING OVER BY THE COUNTY, THE METER SHOULD BE INSTALLED IN THE METER BOX THAT ALREADY HAS BEEN PLACED AT THE TREAT- MENT PLANT. ENGINEER BEINDORF CONTINUED THAT THE COUNTY IS GOING TO HAVE TO ESTABLISH LOCATIONS WHERE TIE -ONS CAN BE MADE TO THE 6" SEWER MAIN, AND THEY HAVE A PLAN UNDER DESIGN FOR THAT PURPOSE BECAUSE THESE LINES SHOULD NOT BE CONNECTED INDISCRIMINATELY. HE NOTED THAT THE CITY OF VERO BEACH WOULD LIKE TO REVIEW THESE TIE -ONS. ENGINEER BEINDORF FURTHER NOTED THAT THE COUNTY WILL NEED TO ESTABLISH A RATE TO CHARGE THEIR FUTURE CUSTOMERS AND ALSO NEEDS TO CONSIDER WHETHER THEY WANT TO CHARGE A TIE-IN FEE SIMILAR TO THE CITY. THIS NEEDS TO BE DECIDED BEFORE ANYONE CAN BE ALLOWED TO TIE 'ON TO THE SEWAGE LINE, AND THERE ARE SEVERAL WHO WILL BE MAKING A REQUEST SOON, MR. BEINDORF COMMENTED THAT THE CITY MAY HAVE AN UPDATE ON THE RATES THEY WOULD CHARGE. ATTORNEY COLLINS INFORMED THE BOARD THAT RATES MUST BE SET BY ORDINANCE, AND SINCE WE NOW NEED AN ESTABLISHED RATE FOR THE SEWER ON 6TH AVENUE, HE FELT THE TIME HAS COME WHEN THE COUNTY SHOULD ADOPT THE CONCEPT OF A UNIFORM RATE STRUCTURE FOR THE ENTIRE UNINCORPOR- ATED AREA OF THE COUNTY, WHICH WOULD INCLUDE THE MID FLORIDA SYSTEM, -GIFFORD, PEBBLE BAY, 6TH AVENUE, ETC., ALL UNDER ONE COMPREHENSIVE RATE ORDINANCE. CHAIRMAN WODTKE ASKED HOW WE PROCEED ABOUT THE METER, AND MR, BEINDORF STATED THAT WE NEED TO.ORDER THE METER AND NOTIFY THE CITY WHENEVER WE HAVE THE ORDINANCE THAN CAN BE ACTED UPON. HE DID OCT 101979 72 $o°K I PACE OCT 101979 1 _ Boa 41 PAGE 701 NOT WANT TO INSTALL THE METER UNTIL THE ORDINANCE IS IN HAND BECAUSE VERO MALL WILL THEN BECOME A COUNTY CUSTOMER. COMMISSIONER LYONS FELT WE SHOULD NOTIFY THE CITY BEFORE ORDERING THE METER, AND THE ASSISTANT ADMINISTRATOR NOTED THAT THE TYPE OF METER IS PRETTY WELL ESTABLISHED BY THE CITY ALREADY. ATTORNEY COLLINS SUGGESTED THAT MR. BEINDORF HANDLE THIS CORRESPONDENCE. - COMMISSIONER SIEBERT NOTED THAT WE NEED TO AUTHORIZE THE ENGINEER TO PROCEED IN ESTABLISHING THE GUIDELINES FOR TAKING OVER THE 12TH STREET .SEWER LINE AND WITH THE PURCHASE AND INSTALLATION OF THE METER. CHAIRMAN WODTKE SUGGESTED THAT WE GO AHEAD AND ADVERTISE FOR THE RATE ORDINANCE, BUT ATTORNEY COLLINS flOTED THAT HE NEEDS SOME SUGGESTED RATES TO ADVERTISE. ENGINEER BEINDORF FELT THAT THEY NEED TO GET WITH THE CITY OFFICIALS AND DO SOME GROUNDWORK AND THEN PRESENT THE BOARD WITH SOME SUGGESTED RATES. DISCUSSION CONTINUED ON UNIFORMITY OF RATES, AND IT WAS NOTED THAT THE RATE STRUCTURE MUST BE ENOUGH TO RETIRE THE BONDS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY CONSULTING ENGINEERS TO PROCEED WITH IMPLEMENTATION OF TAKING OVER THE SEWER ON 6TH AVENUE AND BECOMING A WHOLESALE CUSTOMER OF THE CITY OF VERO REACH AND ALSO TO BRING BACK TO THE BOARD RECOMMENDATIONS FOR TIE-IN LOCATIONS AND A PROPOSED RATE STRUCTURE. CHAIRMAN WODTKE ANNOUNCED THAT A SPECIAL MEETING WILL BE HELD ON OCTOBER 16, 1979, AT 7:00 O'CLOCK P.M. IPJ REGARD TO THE SOUTH COUNTY WATER TAXING DISTRICT. COMMISSIONER SIEBERT COMMENTED THAT WE DON'T KNOW WHAT WE ARE GOING TO FUND IN THE SOUTH COUNTY UNTIL THE 201 STUDY IS RE- SOLVED, AND ALTHOUGH WE HAVE A RECOMMENDATION FROM THE TAC COMMITTEE, THERE IS SOME DISAGREEMENT. ENGINEER BEINDORF NOTED THAT TIME IS RUNNING OUT. HE INFORMED THE BOARD THAT YOU ARE TALKING ABOUT SIX TO NINE MONTHS FOR THE TEST WELL PROGRAM AND THEN GETTING A CONSUMPTIVE USE PERMIT, AND WE ARE ALMOST A YEAR GONE ALREADY OF THE TWO YEAR TEMPORARY AGREEMENT WITH THE CITY IN REGARD TO WATER FOR THE MID FLORIDA SYSTEM. HE POINTED OUT THAT THE GRANT MONIES ARE ONLY FOR THIS YEAR, AND THERE ARE THINGS HE NEEDS TO DISCUSS WITH THE BOARD SO WE CAN MOVE FORWARD, CHAIRMAN WODTKE FELT WE MAY HAVE TO NEGOTIATE ON SERVICE AREAS, AND THE DISTRICT MAY CHANGE IN SCOPE. HE POINTED OUT THAT WE ARE ON SKETCHY GROUND WITH THE DER IN REGARD TO THE MID FLORIDA WELLS. DISCUSSION CONTINUED ON FUNDING AND RELATED CONCERNS, AND IT WAS AGREED WE MUST HAVE THIS MEETING AND STAY ON TOP OF THE SITUATION. COMMISSIONER LYONS FELT IF WE HAD CONTRACTS OUT FOR TEST WELLS AND WERE DIRECTING OUR ENGINEERS TO MOVE FORWARD, THE CITY'S ATTITUDE WOULD BE ENTIRELY DIFFERENT THAN IT IS TODAY, AND ENGINEER BEINDORF AGREED. COMMISSIONER SIEBERT STATED THAT HE CERTAINLY WAS WILLING TO GO AHEAD WITH THE SPECIAL MEETING, BUT FELT THE SERVICE AREA QUESTION IS VERY IMPORTANT. ASSISTANT ADMINISTRATOR NELSON INFORMED HIM THAT AT THE TAC MEETING, CITY MANAGER LITTLE SAID HE WOULD BE HAPPY TO TALK TO THE COUNTY ABOUT SERVICE AREAS WHEN WE GET INTO THE WATER BUSINESS. ENGINEER BEINDORF NEXT REPORTED THAT DUE TO WRONG INFORMA- TION SUPPLIED BY THE STATE, THE CONTRACT FOR PHASE II OF THE GIFFORD AREA SEWAGE SYSTEM IMPROVEMENTS CANNOT BE AWARDED UNTIL THE 24TH OR 25TH OF THIS MONTH. HE NOTED THAT -WE ARE OKAY WITH THE CONTRACTOR UNTIL NOVEMBER 5TH. ASSISTANT ADMINISTRATOR NELSON REVIEWED WITH THE BOARD A PROPOSAL PRESENTED BY HERCULES INCORPORATED TO REMOVE DEAD PINE... STUMPWOOD AND TOPWOOD FROM COUNTY -OWNED LANDS FOR $3.25 PER TON. HE STATED THAT MR. BANKS, A WOOD BUYER FOR HERCULES, WENT OVER THE LIST OF COUNTY PROPERTY SUBMITTED BY INTERGOVERNMENTAL COORDINATOR THOMAS AND FELT THERE WAS A SIGNIFICANT ENOUGH AMOUNT TO MAKE THIS OFFER. MR. NELSON FELT THIS IS A FINE PROPOSAL WHICH WOULD BOTH GET RID OF THE DEADWOOD AND GIVE US SOME INCOME. OCT 10197 74 BOOK I OCT 101979 m 1 ?A-UE703 COMMISSIONER L.OY ASKED IF THERE WAS A POSSIBILITY THAT THIS COMPANY MIGHT BE ABLE TO WORK IN THE AREAS WHERE THE DEBRIS WAS DEPOSITED FROM THE RECENT HURRICANE, BUT MR. BANKS INFORMED HER THAT MOST OF THE MATERIAL FROM THE HURRICANE IS GREEN PINE WHICH IS NOT SUITABLE FOR THEIR. USE, THOUGH HE WOULD BE GLAD TO CHECK THE VARIOUS LOCATIONS. MR. BANKS CONTINUED THAT HERCULES INCORPORATED IS SELF-INSURED BECAUSE THEY ARE A VERY LARGE CORPORATION. ATTORNEY COLLINS STATED THAT THE ONLY PROBLEM WITH BEING SELF-INSURED IS THAT THE -COUNTY COULD GET INVOLVED IN A LAWSUIT TRY- ING TO RECOVER.- HE FELT THE COUNTY WOULD BE IN A BETTER POSITION WITH AN -INSURANCE COMPANY AND THE USUAL 100,000/300,000 LIABILITY PROVISION. MR. BANKS STATED THAT THEY HAD A BOND ON A RAILROAD CROSSING ONE TIME FOR A MILLION DOLLARS, BUT ATTORNEY COLLINS DID NOT FEEL A BOND IS NEEDED. HE WOULD, HOWEVER, IN ADDITION TO THE PROPOSED INDEMNIFICATION CLAUSE, LIKE TO HAVE THEM. GET AN INSURANCE COMPANY TO ISSUE THE COUNTY A POLICY COVERING ANY LIABILITY THAT MIGHT ARISE FROM REMOVAL OF THE STUMPWOOD, ETC. THE ATTORNEY CON- TINUED THAT THE ONLY OTHER ISSUE TO ADDRESS IS THE CONDITION OF THE LAND AFTER REMOVAL, ASSISTANT ADMINISTRATOR NELSON NOTED THAT THIS IS RAW LAND, AND HE DID NOT BELIEVE ANYTHING FURTHER THAN SMOOTHING THE GROUND AFTER REMOVING THE STUMPS IS NECESSARY. MR. BANKS STATED THAT NORMALLY THEY DONT REPAIR HOLES, BUT HE DID PUT THIS CLAUSE IN BECAUSE THE COUNTY MAY IN THE FUTURE WISH TO USE THIS LAND FOR RECREATION. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE WOOD PURCHASE AGREEMENT WITH HERCULES INCORPORATED AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN UPON APPROVAL BY THE ATTORNEY OF A SATISFACTORY INSURANCE CLAUSE. CHAIRMAN WODTKE INSTRUCTED MR. BANKS TO HAVE HIS COMPANY CONTACT ATTORNEY COLLINS IN REGARD TO THE INSURANCE MATTER. COMMISSIONER SIEBERT STATED THAT HE WOULD LIKE TO SEE PROCEDURES ESTABLISHED FOR DEALING WITH THIS TYPE OF THING, AND HE WOULD LIKE TO PURSUE SEEING WHAT COULD BE DONE WITH THE GREEN WOOD. =5 MR. BANKS INFORMED HIM THAT E. P. ROSIER OF FELLSMERE SHIPS PULPWOOD TO PALATKA AND MIGHT BE ABLE TO DO SOMETHING WITH THE GREEN WOOD. ASSISTANT PLANNER DAVID MARSH CAME BEFORE THE BOARD AND NOTED THAT PROPOSED AMENDMENTS TO THE SITE PLAN ORDINANCE HAD BEEN INCLUDED WITH TODAY IS MATERIAL FOR THE BOARD TO REVIEW. ATTORNEY COLLINS SUGGESTED THAT THE FOARD REVIEW THIS MATERIAL AND LET IT GO THROUGH THE PLANNING & ZONING COMMISSION AND COME UP THROUGH THE NORMAL CHANNELS. THE BOARD AGREED. MR. MARSH INFORMED THE BOARD THAT THEY HAD REVIEWED THE OVERALL CRITERIA AND TRIED TO COME UP WITH A SYSTEM FOR DETERMINING MAJOR AND MINOR SITE PLANS AND WHERE A BREAKING POINT WOULD BE TO ESTABLISH WHAT DEVELOPMENT WOULD HAVE TO COMPLY WITH THE NEW DRAINAGE REQUIREMENT. HE NOTED THAT THEY ALSO ADDRESSED THE FEE STRUCTURE. COMMISSIONER LYONS STATED THAT BASED ON THE DRAINAGE PROBLEMS THAT HAVE COME TO LIGHT AS A RESULT OF HURRICANE DAVID, HE WOULD HAVE TROUBLE WITH ANY KIND OF A DRAINAGE PLAN THAT DID NOT ALLOW FOR A 25 YEAR STORM LEVEL. MR. MARSH NOTED THAT THEY WERE INSTRUCTED TO APPEAL ANY- THING THAT CAME IN AT LESS THAN A 25 YEAR LEVEL, AND THIS HAS NOT HAPPENED SO FAR. HE CONTINUED THAT THE PLANNING AND ZONING COMMIS- SION WILL ALSO REVIEW THE SUGGESTED APPLICATION FEES, ASSISTANT ADMINISTRATOR NELSON REPORTED THAT -SENIOR PLANNER MARSH HAS CHECKED THE INTERSECTION AT S.R. 512 AND THE ENTRANCE TO FELLSMERE FARMS MANAGEMENT CO. AND RECOMMENDED THAT WE HAVE THREE CURVE AHEAD SIGNS AND THREE RUMBLE STRIPS. MR. NELSON, HOWEVER, FELT THE SIGNS SHOULD -BE SELF -ILLUMINATIVE RATHER THAN FLASHING AS THE FLASHERS WOULD ONLY ENCOURAGE SHARPSHOOTERS. MR, MARSH INFORMED THE BOARD THAT THIS IS ACTUALLY A 900 BEND RATHER THAN A CURVE, AND THERE HAVE BEEN A NUMBER OF INSTANCES OF PEOPLE GOING STRAIGHT THROUGH THE GATE. THE SPEED LIMIT IS - 55 MPH. 76 OCT 10 1979 Boa 41 PAGE 704 OCT 101979 - BOOK 41 PAGE 705 DISCUSSION FOLLOWED AS TO THIS BEING A RIGHT TURN RATHER THAN A CURVE, AND MR, MARSH STATED THAT IS WHY HE FELT WE SHOULD HAVE RUMBLE STRIPS. DISCUSSION CONTINUED IN REGARD TO THE DANGER OF HITTING THE RUMBLE STRIPS AT TOO HIGH A SPEED, AND VARIOUS SIGNS THAT MIGHT BE MORE APPROPRIATE. ASSISTANT ADMINISTRATOR NELSON SUGGESTED USING A STOP AHEAD SIGN, AND COMMI-SSIONER SIEBERT STATED THAT HE WOULD NOT OBJECT TO RUMBLE STRIPS IF THERE WERE A STOP AHEAD SIGN. IT WAS FELT IT WOULD HAVE TO BE A THREE-WAY STOP. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE INSTALLATION OF STOP AHEAD SIGNS AND RUMBLE STRIPS AT THE INTERSECTION OF S.R. 512 AND THE ENTRANCE TO FELLSMERE FARMS MANAGEMENT CO.* COMMUNITY DEVELOPMENT DIRECTOR ED REGAN CAME BEFORE THE BOARD TO ASK APPROVAL FOR THE SUBMISSION OF THE 1.980 COMMUNITY DEVEL- OPMENT BLOCK GRANT PREAPPLICATION. HE STATED THAT IT HAS BEEN AD- JUSTED SLIGHTLY DOWNWARD BY ABOUT $20,000 AND THE CURRENT REQUEST IS FOR $1,265,000. THOSE ADJUSTMENTS WERE MADE AFTER SOME ADDI- TIONAL CALCULATIONS AND A SLIGHT DIFFERENCE IN REHABILITATION. IN ESSENCE THE PLAN IS AS ORIGINALLY PRESENTED TO THE COMMISSION AT THE PUBLIC MEETING AND CONTAINS THE SUGGESTIONS OF THE COMMUNITY DEVELOPMENT ADVISORY BOARD. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE SUBMISSION OF THE 1980 COMMUNITY DEVELOPMENT BLOCK GRANT PREAPPLICATION AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. COPY OF SAID PREAPPLICATION IS ON FILE IN THE OFFICE OF THE CLERK. MR. REGAN REPORTED THAT HE WENT TO JACKSONVILLE YESTERDAY AND SPENT FOUR HOURS WITH HUD OFFICIALS. THEY ARE STILL DISCUSSING COMPLIANCE WITH THEIR VARIOUS REQUIREMENTS. HE INFORMED THE BOARD THAT INDIAN RIVER COUNTY HAS DONE EVERYTHING IT CAN TO CLOSE OUT OUR 1975 GRANT, AND IT HAS GONE TO HUD. HE CONTINUED THAT HUD OFFICIALS DISCUSSED WITH HIM NUMEROUS THINGS THAT IMPLY IT IS NOT CLOSED OUT UNTIL THEY SIGN IT. MR. REGAN CONTINUED THAT THE FISCAL YEAR j976 =77 AUDIT HAS BEEN COMPLETED AND FORM 44011. SENT TO HUD, HUD STATED THEY WERE NOT SATISFIED WITH OUR GUARANTEED PERFORMANCE REPORT SO WE UPDATED IT, AND THEY CONTENDED THAT THE UPDATE WAS NOT SATISFACTORY. THE COMMUNITY DEVELOPMENT DIRECTOR REPORTED THAT WE HAVE TAKEN DOWN ALL OF OUR FUNDS FOR THE FISCAL YEAR 1977 AND HAVE NOT ONLY STARTED OUR AUDIT, BUT HAVE COMPLETED IT AND SENT IT TO HUD SEPTEMBER 5TH. THEY DO NOT ADMIT RECEIVING THIS YET, BUT IT WAS SENT BY CERTIFIED MAIL AND WE CAN PROVE OUR POSITION. COMMISSIONER LYONS CONFIRMED THAT HUD SEEMS TO BE MORE INTERESTED IN FINDING REASONS WHY WE HAVEN'T CONFORMED THAN IN TRY- ING TO FIND OUT WHAT WE HAVE DONE THAT IS RIGHT. HE STATED THAT HE GOT THE FEELING THEY REALLY,AR.E' NOT TOO INTERESTED IN GIVING US ANY MONEY RIGHT NOW AND ARE TRYING TO FIND A WAY TO MAKE THIS APPLI- CATION UNACCEPTABLE, COMMISSIONER LYONS BELIEVED THAT MR. REGAN IS DOING EVERYTHING HE CAN POSSIBLY CAN TO CONFORM, AND HE FELT WE SHOULD BE SURE THAT HUD HAS OUR PREAPPLICATION IN HAND EVEN IT IF HAS TO BE TAKEN TO THEM PERSONALLY. COMMUNITY DEVELOPMENT DIRECTOR REGAN STATED THAT HE WOULD LIKE TO HAVE COMMISSIONER LYONS ACCOMPANY HIM TO JACKSONVILLE TO DE- LIVER THE PREAPPLICATION, AND COMMISSIONER LOY FELT WE HAD DECIDED THAT MR. REGAN, COMMISSIONER LYONS AND SOME MEMBERS OF THE COMMUNITY DEVELOPMENT CITIZENS ADVISORY COMMITTEE SHOULD GO. CHAIRMAN WODTKE ASKED IF HUD HAS SAID THEY WOULD NOT ACCEPT THE APPLICATION, AND MR, REGAN FELT THEY MAY ACCEPT IT, BUT MAY REFER IT TO AN AD HOC GROUP OF THOSE WHO HAVE BEEN FUNDED FOR SEVERAL YEARS. HE FELT THESE ARE OUR COMPETITORS. ON MOTION BY COMMISSIONER.SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED OUT -OF -COUNTY TRAVEL FOR COMMUNITY DEVELOPMENT DIRECTOR REGAN, COMMISSIONER LYONS, AND A MEMBER OF THE CITIZENS ADVISORY COMMITTEE TO TRAVEL TO .JACKSONVI..LLE TO HAND DELIVER THE 1980 COMMUNITY DEVELOPMENT BLOCK GRANT PREAPPLICA- -TION TO HUD. ASSISTANT ADMINISTRATOR NELSON REQUESTED THAT AN EMERGENCY ITEM BE ADDED TO THE AGENDA IN REGARD TO PAYING FOR MR. REGAN'S TRIP TO JACKSONVILLE YESTERDAY. 73 BODS 41 SAGE IN OCT 101979 OCT 101979 500Al �� 707 ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADDED THE EMERGENCY ITEM TO TODAY Is AGENDA AS REQUESTED BY ASSISTANT ADMINISTRATOR NELSON. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY GAVE RETRO -ACTIVE APPROVAL FOR OUT -OF - COUNTY TRAVEL FOR COMMUNITY DEVELOPMENT DIRECTOR REGAN TO TRAVEL TO JACKSONVILLE ON OCTOBER 9, 1978, TO MEET WITH HUD OFFICIALS. COMMISSIONER LYONS REPORTED THAT HIS COMMITTEE WHICH IS WORKING_ON REVISING THE MINING ORDINANCE TOOK A SUMMER RECESS, BUT WILL MEET AGAIN ON OCTOBER ZZND, HE CONTINUED THAT THEY HAVE LOOKED AT THREE DIFFERENT ORDINANCES FROM ALL OVER THE STATE AND BELIEVE THEY CAN COME UP WITH SOMETHING CONCRETE IN A FEW MORE WEEKS. CHAIRMAN WODTKE ANNOUNCED THAT FOURTEEN RESUMES HAVE BEEN RECEIVED FROM PERSONS WISHING TO BE APPOINTED TO THE -HOUSING AUTHORITY. HE READ ALOUD THE RESUMES RECEIVED FROM THE FOLLOWING: ARTHUR JAMES HARRIS RUDOLPH F. GIPSON, JR. CHARLES E. ,BLOCK JOSEPHINE L. LUNDY DAPHNE K. STRICKLAND WILLIAM E. IRVINE ALBERT SNYDER TIMOTHY BRADLEY, JR, STANLEY BROXTON REV. JOHN J. RYAN GODFREY E. GIPSON JOSEPH STEINITZ JOSEPH R. CIANFRONE J. B. EGAN, III SAID RESUMES ARE ON FILE IN THE OFFICE OF THE CLERK. DISCUSSION ENSUED ON HOW TO NOMINATE THE ONES TO BE RECOM- MENDED TO THE GOVERNOR FOR APPOINTMENT, AND IT WAS DECIDED THAT THE BOARD WOULD VOTE ON ALL OF THEM AT ONCE - EACH COMMISSIONER WOULD MAKE UP A LIST ON A PRIORITY BASIS OF THEIR FIVE CHOICES AND READ THEM OUT. THE PERSON NAMED FIRST ON THE LIST WOULD RECEIVE FIVE POINTS, THE SECOND FOUR, ETC., AND THEN THE POINTS WOULD BE TOTALED. THE LISTS WERE READ OUT, THE POINTS TOTALED, AND THE FOLLOW- ING FIVE PERSONS WERE NAMED AS RECEIVING THE MOST POINTS IN THE ORDER AS LISTED: JOSEPH B. EGAN, III CHARLES E. BLOCK WILLIAM E. IRVINE DAPHNE K. STRICKLAND GODFREY E. GIPSON IT WAS NOTED THAT EACH ONE LISTED RECEIVED VOTES FROM AT LEAST TF W m9 - ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER LYONS, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 79-100 ON THE BASIS OF THE PUBLIC HEARINGS HELD DETERMINING THE NEED FOR A HOUSING AUTHORITY IN INDIAN RIVER COUNTY AND INSTRUCTED THE CLERK TO SUBMIT TO THE GOVERNOR THE FOLLOWING RECOMMENDATIONS FOR COM- MISSIONERS OF THE INDIAN RIVER COUNTY HOUSING AUTHORITY FOR THE TERMS OF YEARS SHOWN: JOSEPH B. EGAN, III 4 YEARS CHARLES E. BLOCK 4 YEARS WILLIAM E. IRVINE 3 YEARS DAPHNE K. STRICKLAND 2 YEARS GODFREY E. GIPSON 1. YEAR AND RECOMMEND .JOSEPH B. EGAN, III, AS CHAIRMAN. 80 OCT 10 1979 ��a41 PAGE 708 OCT 101979 BOOK 41 mat 700 RESOLUTION NO. 79-100 A RESOLUTION DECLARING THE NEED FOR A HOUSING AUTHORITY IN THE COUNTY OF INDIAN RIVER, FLORIDA BE IT RESOLVED BY THE COUNTY COMMISSION OF INDIAN RIVER COUNTY, FLORIDA: THAT the Commissioners of the County of_Indian River, Florida, hereby determine, find and declare in pursuance of the "Housing Authorities Law" of the State of Florida, that: 1. Unsanitary and unsafe inhabited dwelling accommoda- tidns exist in the County of Indian River, Florida; and 2. There is a shortage of safe and sanitary dwelling accommodations in the County of Indian River, Florida, available to families of low income at rentals they can afford; and 3. There is a need for a housing authority in the County of Indian River, Florida. - BE IT FURTHER RESOLVED that the Clerk of the Board of County Commissioners notify the Governor of the State of Florida of the adoption of this resolution; and that the Clerk request the Governor to commission five (5) persons who are qualified electors of Indian River County, Florida to be commissioners of the Indian River County Housing Authority as provided in the Housing Authorities Law. BE IT FURTHER RESOLVED that this resolution shall be effective immediately. The motion to adopt said resolution was made by Commissioner Siebert and seconded by Commissioner Lyons, and upon roll call the following voted aye: Willard W. Siebert, Jr. Alma Lee Loy William C. Wodtke, Jr. R. Don Deeson Nay: Patrick B. Lyons Thereupon the Chairman declared this resolution duly adopted and passed. The Clerk was instructed to submit to the Governor the names of five (5) qualified electors of Indian River County, Florida and request the Governor commission those persons as Commissioners of the Indian River County Housing Authority for the terms of years shown after each suggested name and to designate one of them as the first Chairman of the Authority. The persons, who are qualified electors of Indian River County, Florida, suggested by the County Commissioners are: Joseph B. Egan, III 4 years Charles E. Block 4 years William E. Irvine 3 years Daphne K. Strickland 2 years Godfrey E. Gipson 1 year and lncanh R Fnan, IIT is suggested as the first Chairman. ATTEST : CLERK Adopted October 10, 1979 OCT 101979 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: WL WOW 41 �'� OCT 101979 BOOP( 4 1 FADE 711 ENGINEER .JAMES BEINDORF CAME BEFORE THE BOARD IN REGARD TO INSTALLATION OF CULVERTS IN STORM GROVE ROAD. THESE CULVERTS WOULD GO UNDERNEATH THE PROPOSED STORM GROVE ROAD AND INTO THE CANAL LYING TO THE SOUTH, MR. BEINDORF EXPLAINED THAT FLORIDA LAND COM- PANY IS GOING TO BUILD AN ACCESS ROAD INTO BENT PINE SUBDIVISION, AND THEY HAVE DOVETAILED THEIR DRAINAGE TO COINCIDE WITH THE PRO- POSED DRAINAGE OF THE ROAD. HE INFORMED THE BOARD THAT HIS CLIENT WOULD INSTALL THE CULVERT UNDER THE ROAD ACCORDING TO STATE SPECIFI- CATIONS, AND THE DOT HAS NO OBJECTION PROVIDING THE COUNTY HAS NO OBJECTION. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AGREED THAT THEY HAVE NO OBJECTION TO THE INSTALLATION OF CULVERTS UNDERNEATH STORM GROVE ROAD AS OUTLINED IN LETTER OF OCTOBER 8, 1979, FROM JAMES BEINDORF, AS FOLLOWS: JAMES L. BEINDORF, P. E. KENNETH W. DAMEROW RICHARD B. VOTAPKA. P. E. October S, 1979 1�1r. Neil Nelson County Assistant Administrator Indian Raver County Room 115 County Courthouse Vero Beach, Florida 32960 Dear Mr. Nelson: 3885 • 20TH STREET POST OFFICE BOX 649 VERO BEACH. FLORIDA 32960 TELEPHONE 305/562-7981 Re: Culverts in Stonn Grove Road Bent Pine Subdivision This letter is written with reference to Florida Land Company installing a Portion of the reinforced concrete culverts going underneath the proposed Storm Grove Road and into the canal lying to the south. I have talked to the Department of Transportation with reference to our client installing same and they have no objection providing the County would have no objection. We would install the culverts in accordance to the plans and specifications that have been prepared by the Departmerit of Transportation. Would you place this on the Octoher 10, 1979, agenda. Very truly yours, BEINDORF AND ASSOCIATES, INC. jl v � aures L. Beindorf 83 ATTORNEY COLLINS INFORMED THE BOARD THAT IN CONJUNCTION WITH INSTALLATION OF THE GIFFORD SEWER, WE NEED TO PUT A FORCE MAIN BETWEEN TWO STREETS AND IT HAS BEEN NECESSARY TO OBTAIN EASEMENTS, WE HAVE ALMOST ALL OF THOSE NEEDED, AND HE WOULD LIKE TO OBTAIN AUTHORITY FOR THE CHAIRMAN TO SIGN AND ACCEPT THESE EASEMENTS ON BEHALF OF THE COUNTY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER DEESON, THE BOARD UNANIMOUSLY ACCEPTED EASEMENTS FROM THE FOLLOWING AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN; THE CLERK. DIANE FILLICETTI FREDDIE MAE PETERSON SALLY WYNN GIFFORD GARDENS, INC. WILBUR & PHYLLIS MANNING COPIES OF SAID EASEMENTS ARE ON FILE IN THE OFFICE OF ATTORNEY COLLINS CONTINUED THAT ONE EASEMENT IS MISSING, WHICH BELONGS TO MR. & MRS. BAKER, AND IT MAY BE NECESSARY TO CON- DEMN THAT LITTLE PIECE BEFORE WE CAN ENTER INTO CONSTRUCTION CON- TRACTS. HE STATED THAT HE WOULD LIKE TO HAVE THE AUTHORITY TO CONDEMN NOW ALTHOUGH THEY WILL CONTINUE TO TRY TO OBTAIN THE EASEMENT. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO CET AN ORDER OF TAKING FOR THE EASEMENT DESCRIBED ABOVE, IF NECESSARY. ATTORNEY COLLINS REPORTED THAT THERE ARE SEVERAL APPLICA- TIONS FOR RATE INCREASES PENDING THAT NEED TO BE SCHEDULED FOR HEARINGS - GENERAL DEVELOPMENT, BENT PINE, TROPIC GROVE VILLAS, AND INDIAN RIVER CABLEVISION. HE NOTED THAT WE ARE ONE OF THE FEW AREAS NOT CHARGING FRANCHISE FEES FOR CABLEVISION. DISCUSSION FOLLOWED, AND IT WAS FELT THE HEARINGS FOR RENT PINE AND TROPIC GROVE VILLAS COULD BE HANDLED AT THE REGULAR MEETING OF NOVEMBER 7TH, BUT THAT EVENING MEETINGS WOULD BE NECESSARY FOR THE HEARINGS ON THE GENERAL DEVELOPMENT AND INDIAN RIVER CABLEVISION REQUESTS FOR RATE INCREASES. THE BOARD AUTHORIZED THE CHAIRMAN TO OCT 10 1979 � J OCT 10 1979 �''}' Boa 4-1 FACE .! SECURE A PLACE FOR THE INDIAN RIVER CABLEVISION HEARING, POSSIBLY THE COMMUNITY BUILDING IN SEBASTIAN, AND SET A DATE. ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT AERODROME SUBDIVISION PROPERTY OWNERS ASSOCIATION ARE REQUESTING THAT THE COUNTY PAVE A 1/4 MILE SECTION OF THEIR ENTRANCE ROAD. DISCUSSION FOLLOWED IN REGARD TO THE COUNTY DOING THIS WORK AT THE PROPERTY OWNER S EXPENSE.IF THEY WISHED TO CONTRACT WITH THE COUNTY, BUT ASSISTANT ADMINISTRATOR NELSON NOTED THAT THIS IS A PRIVATE ROAD, AND HE FELT WE SHOULD REFUSE THE PROJECT. HE RE— FERRED TO THE FOLLOWING COMMENTS MADE BY THE PLANNING DIRECTOR. TO: Neil Nelson, Assistant County Administrator FROM: David M. Rever, Planning & Zoning Director Af SUBJECT: Paving Of road Into Aerodrome Subdivision Jack and I had discussed this situation sometime in the past month, and it is my recollection that we concurred on the following recommendations: 1) That the County should not get involved in the construction of private roads. Doing so would open the door for everyone, including developers, to expect the County to construct all roads within its jurisdictional boundaries. 2) The present R.O.W. for a road is insufficient to meet any minimum standard. Therefore even a public road would require the acquisition of additional R.O.W. 3) All other restraints aside, the construction (paving) of this road would benefit a very small segment of the county population both now and in the future. CHAIRMAN WODTKE NOTED THAT THIS IS A PIECE OF PROPERTY OWNED BY ANOTHER GOVERNMENTAL BODY, THE INDIAN RIVER FARMS DRAINAGE DISTRICT, AND ASKED IF WE WOULD BE OUT OF LINE IN COOPERATING WITH THAT BODY TO HELP ON PRICES BY SAYING WE WOULD DO THE WORK AND BE REIMBURSED. COMMISSIONER SIEBERT POINTED OUT THAT THE DRAINAGE DISTRICT IS NOT REQUESTING THIS, AND HE FURTHER NOTED THAT THE BOARD REFUSED PAT CORRIGAN THE VERY SAME REQUEST. THE ASSISTANT ADMINISTRATOR FELT THAT THESE PEOPLE CHOSE TO LIVE IN THESE PLACES, AND HE DID NOT FEEL THE COUNTY HAS THE RESPONSIBILITY. EIR a � s IN FURTHER DISCUSSION, COMMISSIONER LOY FELT THAT IF THE COUNTY DID THE WORK, NO ONE WOULD EVER UNDERSTAND THAT THEY DID NOT DO IT AT THEIR OWN EXPENSE. COMMISSIONER SIEBERT NOTED THAT IT WOULD SET A BAD PRECEDENT AND WOULD BE FOLLOWED BY NUMEROUS SIMILAR REQUESTS. CHAIRMAN WODTKE ASKED IF WE DO ROUTINE MAINTENANCE THERE, AND MR. NELSON STATED THAT WE DO NOT. ON LOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY DENIED THE REQUEST MADE BY THE INDIAN RIVER AERODROME PROPERTY OWNERS ASSOCIATION THAT THE COUNTY PAVE 31h MILE OF THEIR PRIVATE ROAD. COMMISSIONER SIEBERT SUGGESTED THAT THE ADMINISTRATOR'S OFFICE WRITE THE ASSOCIATION A LETTER ADVISING THAT THEY CONTACT THE INDIAN RIVER FARMS DRAINAGE DISTRICT WHO OWNS THE RICHT-OF-WAY AND APPARENTLY DOES NOT OBJECT TO THE PROPOSED PAVING. ASSISTANT ADMINISTRATOR NELSON REQUESTED THAT TWO EMERGENCY ITEMS BE ADDED TO THE AGENDA. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADDED TO THE AGENDA THE EMERGENCY ITEMS REQUESTED BY THE ASSISTANT ADMINISTRATOR. MR. NELSON REPORTED THAT HE HAS RECEIVED A REQUEST FROM THE CITY OF VERO BEACH PUBLIC WORKS DIRECTOR REQUESTING USE OF OUR PULVIMIXER FOR THEIR CEMETERY PROJECT. DISCUSSION AROSE AS TO WHETHER THIS WAS ON A PAY BASIS, AND CHAIRMAN WODTKE NOTED THAT SINCE IT IS OUR MACHINERY, WE SHOULD SEND OUR OPERATOR WITH IT. COMMISSIONER SIEBERT COMMENTED THAT WE ALSO HAVE A POLICY THAT ALL REQUESTS SHOULD BE IN WRITING AND THAT WE WOULD CHARGE FOR USE OF THE MATERIALS, ETC. HE NOTED THAT MR. GREENE DOES GO OUT OF HIS WAY TO COOPERATE WITH THE COUNTY, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE USE OF THE PULVIMIXER FOR THE CITY OF VERO BEACH CEMETERY PROJECT AS REQUESTED ON A COST BASIS. :• BOOK 41 PACE 71 OCT 10 1979 OCT 10 1979 p0u 41 PAGE 715 IN FURTHER DISCUSSION, IT WAS AGREED THAT FROM NOW ON OUR POLICY IS THAT THESE REQUESTS HAVE TO BE IN WRITING, AND THERE WILL BE A CHARGE FOR OUR COST FOR USE OF THE EQUIPMENT AND MATERIALS. MR. NELSON INFORMED THE BOARD THAT LEWIS GREENE CALLED HIM ABOUT A TECHNICAL ADVISORY COMMITTEE MEETING ON THE ROCKRIDGE DRAIN- AGE PROBLEM. THEY WOULD LIKE TO HAVE A COMMISSIONER, THE COUNTY ADMINISTRATOR AND COUNTY PLANNER ON THE COMMITTEE TO MEET WITH THE CITY ENGINEERS. COUNCILMAN SCURLOCK IS THEIR REPRESENTATIVE. MR. NELSON STATED THAT HE BELIEVED MR. GREENE WILL BE ON THE COMMITTEE TO ESTABLISH A SCOPE OF WORK TO SELECT AN ENGINEERING FIRM TO DO A STUDY ON THE ROCKRIDGE DRAINAGE PROBLEM. HE REQUESTED THAT A COM- MISSIONER BE APPOINTED TO THIS COMMITTEE BECAUSE THERE IS A MEETING SCHEDULED AT 4 O'CLOCK TOMORROW AFTERNOON. COMMISSIONER LOY ASKED IF THE BOARD IS EVEN GOING TO CON- SIDER LETTING THE COUNTY CONSULTING ENGINEERS BID ON THE JOB, AND THE BOARD DID.NOT SEE WHY NOT. COMMISSIONER SIEBERT SUGGESTED THAT JOHN AMOS OF THE DRAINAGE DISTRICT SHOULD BE INCLUDED ON THIS COMMITTEE. COMMISSIONER LYONS OFFERED TO ATTEND THE MEETING REPRESENT- ING THE BOARD, AND THE BOARD AGREED, COMMISSIONER Loy INFORMED THE BOARD THAT SINCE ROBBY MEADOWS IS NO LONGER WITH THE HOSPITAL, HE DOES NOT QUALIFY AS OUR REPRESENTATIVE TO THE HEALTH PLANNING COUNCIL. SHE NOTED THAT WE HAVE NOT HAD ANY REPRESENTATION FOR ALMOST SIX MONTHS AND HAVE NEVER RECEIVED A LETTER OF RESIGNATION, SHE CONTINUED THAT J. B. NORTON WAS AT ONE TIME THE COUNTY'S OFFICIAL REPRESENTATIVE, BUT IN THEIR REVAMPING OF THE COUNCIL, WE LOST SOME MEMBERS, AND MR. NORTON WAS PUT ON THE ADVISORY GROUP AND HAS GONE TO ALL MEETINGS AT HIS OWN EXPENSE. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 79-101 APPOINTING J. B. NORTON TO SERVE AS THE COUNTY'S REPRESENTATIVE ON THE HEALTH PLANNING COUNCIL TO REPLACE BOBBY MEADOWS. :A RESOLUTION NO. 79-101 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That J. B. NORTON is hereby appointed as Indian River County's representative to serve on the HEALTH PLANNING COUNCIL, INC. to replace Bobby Meadows. Said Resolution shall become effective as of the 10th day of October , 1979. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By William C. Wodtke, Jr.; hairman Attest: 1 g reda Wright, Cle k OCT 1019%9 Book PnE / L'A - rF__ I OCT 10 1979 BOOK 41 PAG r- 7.17 COMMISSIONER SIEBERT INQUIRED HOW WE GO ABOUT MEETING WITH THE CITY OF VERO BEACH IN REGARD TO SERVICE AREAS. CHAIRMAN WODTKE FELT IT WOULD BE A MISTAKE TO HAVE A MEETING OF THE TAC, THE CITY COUNCIL, THE COUNTY COMMISSION, AND THE TOWN COUNCIL OF INDIAN RIVER SHORES ALL IN ONE ROOM, AND COM- MISSIONER LYONS STATED THAT HE WOULD LIKE TO DO MORE CHECKING AROUND BEFORE WE DID THAT. COMMISSIONER LOY FELT POSSIBLY A SMALL COMMITTEE COULD COME UP WITH A DRAFT OF SOME PROPOSALS, AND WE WOULD AT LEAST HAVE SOMETHING TO WORK ON. COMMISSIONER LYONS OFFERED TO CONTINUE TO PURSUE THIS MATTER IF THE BOARD DESIRED, AND ATTORNEY COLLINS STATED THAT HE WOULD TRY TO SET UP A MEETING WITH COMMISSIONER LYONS, COMMISSIONER SIEBERT AND HIMSELF WITH THE CITY OF VERO BEACH, THE BOARD AGREED. AGREEMENT WITH THE FLORIDA DEPARTMENT OF -COMMUNITY AFFAIRS IN REGARD TO THE GRANT APPLICATION FOR THE SHELTERED WORKSHOP AND VOCATIONAL CENTER IS HEREBY MADE A PART OF THE MINUTES PER APPROVED APPLICATION INCLUDED IN THE MINUTES OF SEPTEMBER 5, 1979. COMMUNITY SERVICES TRUST FUND GRANT AGREEMENT THIS AGREEMENT, beginning the lst day of OCTOBER 19 79 , between the State of Florida Department of Community E Affairs (hereinafter referred to as "Department"), an agency of the State of Florida, with headquarters in the City of Tallahassee, and INDIAN RIVER COUNTY COMMISSION (hereinafter referred to as the "Grantee"). THIS AGREEMENT (CONTRACT) IS ENTERED INTO BASED ON THE FOLLOWING FACTS: The Department, in furtherance of its duties under Sections 409.501 through 409.506, Florida Statutes has determined that the Grantee has applied and qualifies for a grant under the Florida Financial Assistance for Community Services Act. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. Services. Grantee will provide the services described in the attached work program(s), by this reference made a part of this agreement. 2. Incorporation of Rules. Both, Grantee and Department will be governed by applicable law and rules, including but not limited to §§409.501--.506, Florida Statutes and Rule 9C-2, Florida Administrative Code. 3. Compensation. a) The Department agrees to pay the Grantee the total sum OP2,961.00 for the 12 month period beginning October 1, 1979 b) Contingent upon Grantee's performance of services and submission of timely reports required by Rule 9C-2 F.A.C., said funds shall be paid by the Department in equal quarterly amounts. Page 1 of 3 eviscd 8/" OCT 101979 PACE 71 'OCT 101979 soon. F-n R 9 (c) Compensation is further contingent upon availability of funds from the Community Services Trust Fund created by Chapter 409, F.S. 4. Matching Funds and Budget. The Grantee will provide as matching funds for services under this agreement the following amounts: $1480.50 $1480.50 Cash In -Kind Sources for matching funds and expenditures for all funds under this agreement shall be governed by budget attached here and made a part of this agreement. 5. Delegate Agencies. Grantee may delegate to other agencies the,performance of services under this agreement. Such delegate agencies must be identified in the work program attached to this agreement. Grantee shall be responsible for the performance of its delegates and will monitor their activities accordingly. In the event of delegate's non-compliance with the work program, opera- ting budget, or the terms of this agreement, Grantee agrees to restore to the Department the grant funds inappropriately spent whether by the Grantee or -the delegate agency. 6. Modifications to Agreement. The Department or Grantee may, from time to time request .changes in the scope of the services or the operating budget under this agreement. Such changes, which are mutually acceptable to the parties shall be incorporated in writing as amendments to this agreement. IN WITNESS WHEREOF, the Department and the Grantee have executed this Aureement as of the date first above written. FOR THE GRANTEE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS BY: C !i(/ BY: (Si nat reL (Signature) Chairman, oar of ounty Commissioners Mayor or Chairman of Commission Joan M. Heggen; Secretary (Type Name and Title) (Type Name and Title) DATE October 5. 1979 DATE Page 2 of 3 STATE OF FLORIDA COUNTY OF Indian River - I hereby certify that on this day, before me, a Notary Public duly authorized in the state and county named above to take acknowledgements, personally appeared William C. Wodtke, Jr. (Name) to me known to be the person described as Chairman (Title) of Board of County Commissioner, I.R.CO., FLA.who executed the (Name of Grantee) foregoing instrument, and he/she acknowledged before me that C /she executed t in the name of and for the Board of County ommissioners o (Name of Grantee) Indian River County, Fla. affixing its seal, and that he/she was duly authorized by that governing body of the of I R.�o. Fla. (Name of Grantee) Board of County Commissioners to o to. WITNESS my hand and official seal in the county and state named above this 5th day of October 1979. Gs.. Notary Publ' - My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA AT LARC,E MY COMMISStoN E7.PIRES IL; Y 9 1952 004DED THRU GEN:RLL INS. UNDERWRITERS Page 3 of 3 41 fAu 72n OCT 10 1979 OCT 10 1979 Boos 4 1 PAGE 72 COPY OF WARRANTY DEED CONVEYING 70 OF OCEANFRONT PROPERTY TO THE COUNTY IN RETURN FOR THE VACATION OF THE PLAT OF ENOS AS PER RESOLUTION 79-67 ADOPTED AUGUST 8, 1979, IS HEREBY MADE A PART OF THE MINUTES, 93 233 • Printed for lawyers' Title Guaranty Fund, Orlando, Florida barrantg v (STATUTORY FORM—SECTION 689.02 F.S.) This instrument was prepared by: CARL F. ELLWANGER AYw was [.. Sl East Ocean Boulevard STUART, FLORIDA 33494 (04ts Atbritturr, Made this P7 0 `t day of August, 1979 , WrIturen EMRD D. LEM, as Trustee and individually of the County of Palm Beach , State of Florida grantor*. and /INDIAN RIVER COUM, a Political Subdivision of the State of Florida whose post office address is tZ O., - X",X 4 of the County of a...-+•-- State of '.(� �.,, grantee*, ittV130d4, That said grantor, for and in consideration of the sum of -- --T1V AND NG/100 ($10.00) -- Dollars, and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Indian River County, Florida, to -wit: All that oertain portion of the South seventy feet (70') of Government Lot 1, Section 36, • Township 31 South, Range 39 East, as measured on the perpendicular to the South line of said property (which is the South line of said Government Lot 1) lying Easterly of the Easterly right -o£ -sway of State Read A -1-A. SUBJECT M the rights, if any, of the public to use as a public beach or recreation area any part of the land lying between the body of water abutting the subject property and the natural line of vegitation, bluff, extreme high water line or other apparent boundary line separating the publicly used area from the upland private area; State of Florida Coastal Construction Set -Back Line and any other governmental regulations; zoning and building or&nances, resolutions of public records and current taxes. and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all �— - persons whomsoever. * "Grantor" and "grantee" are used for singular or plural, as context requires. Jnithtrss Grantor has hereunto set grantor's hand and seal the day and year first above written. vere Jn�our presence: ea EDWARD D. , as tee an vi ua ly (Seal) (Seal) (Seal) STATE OF FLORIDA COUNTY OF SIN I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared EDWARD D. LEWIS, as Trustee and inUvldually „ to me known to be the person described in and who executed the foregoing instrument and acknowledged before me that he executed the some. WITNESS my hand and official seal in the County and State last a0 said this �� t of August, 19 79. (::-.1- •-F My commission, expires:r rNotary Public t.". �ti t , - , ,i •, } a ' %rotary PaEht: S'.�te o. r��ins•.: .: •. • fAy Comris=i E:, :res Dec. t ;, o•:•J r` =J . , • �iod.d By American Fire $ CarnattY C9aDaP7 41 :-:OCT 101979 1.,nr,on 1n FACE 144 r OCT 101919 Bou 4 1 m,t72,3 THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND NOS, 63500-63586. NOS, 63185 THROUGH 63499 WERE VOIDED. 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 LEGIS- LATIVE 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 7:15 O'CLOCK P.M. ATTEST: CLERK CHAIRMAN