HomeMy WebLinkAbout10/24/1979VEDNESDAY, OCTOBER 24, 1979
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO LEACH,
FLORIDA, ON WEDNESDAY, OCTOBER 24, 1979, AT 8:30 O'CLOCK A.M.
PRESENT WERE WILLIAM C. WODTKE, JR., CHAIRMAN; ALMA LEE Loy, VICE
CHAIRMAN; WILLARD W. SIEBERT, JR.; AND PATRICK B. LYONS, R. DON
DEESON WAS ABSENT ON DOCTOR'S ORDERS. ALSO PRESENT WERE NEIL NELSON,
ASSISTANT COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS, INTERGOVERN-
MENTAL COORDINATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD
OF COUNTY COMMISSIONERS; .JEFFREY K. BARTON, FINANCE OFFICER; BAILIFF
DAN FLEISCHMAN; AND VIRGINIA HARGREAVES, DEPUTY CLERK,
THE CHAIRMAN CALLED THE MEETING' TO ORDER.
CHAIRMAN WODTKE LED THE PLEDGE OF ALLEGIANCE TO THE FLAG,
AND WILLIAM KRAFT, MINISTER OF MUSIC AND YOUTH, CHURCH OF GOD, CAVE
THE INVOCATION.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE REGULAR MEETING OF AUGUST 22, 1979,
COMMISSIONER LYONS REQUESTED THAT ON PAGE 29, 6TH PARA-
GRAPH, "SHOULD" BE CORRECTED TO READ "COULD."
THIS CORRECTION HAVING BEEN MADE, ON MOTION BY COMMISSIONER
SIEBERT, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AP-
PROVED THE MINUTES OF THE REGULAR MEETING OF AUGUST 22, 1979, AS WRITTEN.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORREC-
TIONS TO THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 5, 1979.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR
MEETING OF SEPTEMBER 5, 19791 AS WRITTEN.
- THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE SPECIAL MEETING OF -SEPTEMBER 12, 1.979,
COMMISSIONER LOY REQUESTED THAT ON PAGE 61 4TH PARAGRAPH,
"DUR" BE CORRECTED TO "DUE."
THIS CORRECTION HAVING BEEN MADE, ON MOTION BY COMMISSIONER
SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED
THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 1.21 1979,.AS WRITTEN.
OCT 2 4 197941 PAG)E 147
OCT 2 41979 BOOK 41 PA,F 748
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORREC-
TIONS TO THE MINUTES OF THE SPECIAL -MEETING OF SEPTEMBER 27, 1.979,
ATTORNEY COLLINS NOTED THAT ON PAGE 10, THERE IS A TYPO-
GRAPHICAL ERROR IN THE FIGURES SET OUT IN RESOLUTION N0. 79 -87, -AND
THE TOTAL BUDGET FIGURE SHOULD BE $140,000 AND NOT $147,000, HE
FELT THIS SHOULD BE CORRECTED" -BY AN AMENDED RESOLUTION,
ON MOTION BY COMMiSSIONER LYONS, SECONDED BY COMMISSIONER
Loy,THE BOARD UNANIMOUSLY AUTHORIZED AMENDING RESOLUTION NO. 79-87
AS CORRECTED.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING--
OF
EETINGOF SEPTEMBER 27, 1979, AS WRITTEN, INCLUDING THE AMENDED RESOLUTION
No.. 79-87,
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY APPROVED BUDGET AMENDMENT TO ALLOCATE
FUNDS FOR RENT AND UTILITIES FOR THE SECTION 8 GRANT, AS FOLLOWS:
ACCOUNT TITLE
ACCOUNT NO.
INCREASE DECREASE
Rent Buildings
001-220-519-34.42
$ 4,500.00
Utilities
001-220-519-34.39
$ 1,200.00
Reserve for
Contingencies
001-199-513-99.91
$ 5,700.00
ON
MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, THE
BOARD UNANIMOUSLY
APPROVED OUT -OF -COUNTY TRAVEL FOR
JUDITH WAKEFIELD,
COUNTY EXTENSION DIRECTOR, AND PETE SPYKE, AGRI-
CULTURAL SPECIALIST,
AS FOLLOWS:
.JUDITH WAKEFIELD:
OCTO. 27-28
SARASOTA
4-H MARINE SCIENCE TRAINING 1"ORKSHOP
SAT. & SUN.
(TRAVEL ONLY- MEALS & MOTELS PAID
THROUGH A GRANT)
OCT.30
ORLANDO
ON STATE FUNDS. TRAINING ON GETTING
THE MOST FOR THE CLOTHING DOLLAR.
OCT.31
BARTOW
ON STATE FUNDS. TRAINING ON NEW
LEGISLATION AFFECTING CONSUMERS.
NOV, 7
FT. PIERCE
AREA STAFF MEETING WITH DISTRICT
AGENT
Nov. 14
COCOA
DISTRICT 4-H COUNCIL MEETING
EVENING
NOV, 27-30 GAINESVILLE STATE HOME ECONOMICS TRAINING -
UP DATE ON NUTRITION. (ON STATE
_ FUNDS.)
2 �
PETE SPYKE:
Nov. 7-8
Nov. 27-29
ORLANDO
GAINESVILLE
FLORIDA STATE HORTICULTURAL
SOCIETY ANNUAL MEETINP.
AGRICULTURE AND THE LAW IN-
SERVICE TRAINING (ON STATE FUNDS.)
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED THE ADMISSION OF DELANE MARIE
MCKENZIE TO THE FLORIDA SCHOOL FOR THE DEAF AND THE BLIND AND AUTHOR-
IZED THE SIGNATURES OF THE BOARD MEMBERS PRESENT.
FLORIDA SCIIOOL FOR TIIT; DEAF AND TIIE BLIND
WILLIAM J. MCCLURE, President
ST. AUGUSTINE, FLORIDA
TO THE BOARD OF TRUSTEES
(Date)..............October... 5 15.,...1.97.9 ........
Gentlemen:
Delane Marie McKenzie
This is to certify that the bearer.......................................................................
is a resident of this county and that ........She is entitled to free admission to the
Florida School for the Deaf and the Blind.
...............
......................
•�G•I•--�............'..........
R. DQn Deeson - Absent
Board of C6unty Commissioners of
Indian River
................................................Count y.
O—Form 7
OCT 2 4 3 BOOK F1,F. 7
1979
OCT 2 41979 BOOK FAL1750
THE BOARD DISCUSSED RENEWAL OF THE CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY FOR ODOM AVIATION, INC., FOR THEIR AIR
AMBULANCE SERVICE.
MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER Loy, TO APPROVE THE ISSUANCE OF A CERTIFICATE OF PUBLIC
CONVENIENCE AND NECESSITY TO ODOM AVIATION, INC., FOR THE CALENDAR
YEAR 1980,
THE CHAIRMAN ASKED IF ANYONE IN THE AUDIENCE WISHED TO
SPEAK EITHER FOR OR AGAINST THEA SSUANCE OF THIS CERTIFICATE, AND
THERE WERE NONE,
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED UNANIMOUSLY.
4
� _ r
C=)
GSD
00
0
EMERGENCY MEDICAL SERVICES
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
-T�at Tc_ez to tile zew 0 6 rg-DIAN RIVER County;
WHEREAS, the ODOM AVIATION INC. AIR Ambulance SeAvice pkovidm
quatity emetgency mec E6TFv
and
WHEREAS, there has been demomttated that thete iz a need 6o& this ambutance .6eAvice
to operate in this county to p&ovide eszentiat zenv icez to the citizens o� thiz
County; and,
WHEREAS, the above ambulance zeAvice has indicated that it wiU compty with a, the
uqui,tementz o6 the Emetgency Medical SeAvicez Act of 1973, the Boatd o6 County
ILI
Comm,bs,sione,u o 6 INDIA" RIVER County heAeby izzuez a CeAti4icate o4 Pubtic
Convenience and tdeces�ZCy to am �nce company 6o& the yea& 1980
i' �f� }1
air
In i6zluing this ce&ti6icate it iz undeAztood that the above named /ambulance ZeAvice
Indian River County.
wit meet the )tequiAement6 04 State Legi-6tation and p&ovide emeAgency seAvicu on
a twenty-4ouA hour basis 4ot the Jottowing area (,6):
This CERTIFICATE is issued subject to the
right of Piper Aircraft Company continuing to provide emergency and
non -emergency flights as they have customarily done in the past.
an, o0'o-u-n-ty�C-o m mtz Aco n eAz
Chat�a&d 6 C
October 24, 1979Expires
Lhe 31st day of December 1980.
_7 - ------
7
X,
JF
I
I
OCT 2 41979 BOOK 41 u F
THE BOARD NEXT CONSIDERED RENEWING THE CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY FOR C & J AMBULANCE TRANSFER SERVICE.
THE CHAIRMAN ASKED IF C & J HAD SUBMITTED COPIES OF THEIR RATE SCHED-
ULE. IT WAS DETERMINED THAT THEY HAVE NOT, AND THESE WILL BE OBTAINED.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO SPEAK EITHER
FOR OR AGAINST THE ISSUANCE OF THIS CERTIFICATE, AND THERE WERE NONE.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED THE ISSUANCE OF A CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY TO C & J AMBULANCE TRANSFER SERVICE
FOR OCTOBER 24, 19791 THROUGH OCTOBER 24, 1980.
NON -EMERGENCY AMBULANCE SERVICE
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
WHEREAS, the C,&J. Ambulance Transfer Service provides quality
non -emergency ambulance service to the citizens of Indian River
County; and
WHEREAS, there has been demonstrated that there is a need for
this ambulance service to operate in the County and provide
essential services to the citizens of this Countv on a non-
exclusive basis; and
11HEREAS, the above ambulance service has indicated that it will
comply with all the requirements of the Emergency Medical Services
Act of 1973, as amended, the Board of County Commissioners of
Indian River County, Florida hereby issues a CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY to this ambulance company
from October 24, 1979 through October 24, 1980.
In issuing this Certificate it is understood that the above
named ambulance service will meet the requirements of State
Legislation and provide non -emergency ambulance service for
Indian River County.
ATTEST:
4ea 4rhg t,
Clerk
lV�lt��
BOARD OF COUNTY COItIISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By 4-1� .L
William C. I,o t e r.
Chairman
9
DISCUSSION ENSUED ON A REQUEST MADE BY BENJAMIN P. CONKLIN
FOR RELEASE OF EXCESS FUNDS FROM THE TAX SALE OF PROPERTY BELONGING
TO MARTHA DEBORAH HELME. ATTORNEY COLLINS EXPLAINED THAT THIS IN-
VOLVES ANOTHER SITUATION WHERE PROPERTY WAS SOLD AT A TAX SALE,
THE BID WAS IN EXCESS OF TAXES DUE, AND THE CLERK, AFTER THE PROPER
NOTIFICATION AND TIME PERIOD, TURNED THE FUNDS OVER TO THE GENERAL
FUND. THE ONLY UNUSUAL SITUATION IS THAT THE PROPERTY OWNER APPAR-
ENTLY IS DECEASED, AND THE APPLICANT IS AN HEIR OF THE PROPERTY OWNER.
ATTORNEY COLLINS DID NOT BELIEVE THE COUNTY COULD DISTRIBUTE THE FUNDS
TO ANYONE OTHER THAN THE ESTATE AND STATED THAT THE BOARD SHOULD JUST
AUTHORIZE THE RELEASE TO THE ESTATE AND LEAVE IT UP TO THE APPLICANT
TO CURE THE PROBLEM.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED RELEASE OF THE EXCESS
FUNDS FROM TAX SALE OF PROPERTY UNDER CERTIFICATE #'85 (1.1/28/78) IN
THE AMOUNT OF $674.54 TO THE ESTATE OF MARTHA DEBORAH HELME UPON
ADEQUATE PROOF OF THE ESTATE.
IN FURTHER DISCUSSION, IT WAS FELT THAT POSSIBLY THE FORM
LETTER FROM THE CLERK TO THE PROPERTY OWNER SHOULD BE CHANGED BE-
CAUSE IT IS CONFUSING AND DOES NOT GIVE ENOUGH INFORMATION SINCE
IT SEEMS TO INDICATE YOU ONLY HAVE NINETY DAYS TO MAKE A CLAIM.
THIS WILL BE BROUGHT TO THE CLERKS ATTENTION.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR
CIVIL DEFENSE DIRECTOR LEE NUZIE TO ATTEND A SPECIAL HAZARDOUS
MATERIALS PROGRAM TO BE CONDUCTED AT WILDWOOD, FLORIDA, OCTOBER 24,
1979..
THE BOARD NEXT DISCUSSED THE REQUEST MADE BY FRANKLIN
HAMILTON FOR RELEASE FROM A UNITY OF TITLE -AS EXPLAINED IN THE FOL-
LOWING MEMO FROM PLANNING & ZONING DIRECTOR REVER:
- 7
OCT 241979 BooK 41 PAGE 753
Boor 41 P ,E75
Based on the correspondence and documents presented, it appears that this request
is intended to have several restrictions lifted which were instituted in the County
Commission action of [lay 25, 1967. In effect this approval, if granted, will
allow for the legal parcelling off of the front portion of the property which abutts
North Gifford Road.
It should be noted that this would apparently "land lock" the remaining portion of,
the parcel located to the south. This current partial release request does not
continue this access easement to North Gifford Road and would apparently nullify.
the existing easement. This is not felt to be a good policy to implement, and with-
out additional provisions for common access, should be denied. Favorable consider-
ation of this request should be conditional upon all affected properties to the
south having a common access, through the preparation and recording of a suitable
legal instrument. Otherwise the request should be denied.
David M. fever = =
Planning & Zoning Director
P.S. Based on new information received on October 8, 1979,it would appear that
this is a legal question.
01 1. RECbR&'
1] M9 2 °°°' 411 N=2M_
PARTIAL RELEASE
F The BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY.
,,FLORIDA, in consideration of Ten and No/100 ({10.00) Dollars, ind _
=othat good and valuable consideration, de hereby release the tot -
:lowing described property from that certain Unity of Title dated
May 25, 1967, from C. W. HAVEN, recorded in Official Record Book
r;.
2S6, page 13S, Indian River County Public Records.
From the NE corner of the NZ 1/4 of the NW 1/4 of
Seceion 30, Township 32 South, Range 39 East, run
y West on the Section line a distance ef'328.9 feet.
thence run South a distance of 30 feet to a point
�. c of beginning. On the South right-of-way line of
a N North Gifford Road from said point of beginning rum
o..•�+ _,-� South S18.4S feet to the NE corner of the Marl It
heretofore conveyed to Indian River County by deed
1n Official Record look 163, page 4SS. Public Records
v — V of Indian River County, Florida, thence run West
$40 feet; thence run North 418.45 feet; thence run
'3•';;; —+ +.� East 190 feet; thence run North 100 feet to the
South right -o( -ray line of North Gifford Road;
gtbence run East olon{ said right-of-way lira 3SO
fees to point of beginning.
M
Together with the right of inpcess, *tress and
regress on, over and across the West 2S feet of
the East 828.90 feet of the North 130 feat of Tract
S. Section 30, Township 32 South, Range 39 East,
Indian River Farms Company as described above.
This /P 64 day of June. 1972.
r
• ISSIONERS
INDIAN RIIVER COtUNBORD OF TY, FLORIDA F
°e
Witness:
-
/�
cc enn
■iaistrat r Board
Commission rt of Inds River
�•9
f'
,� ,0 3.Q Qf,_
County. Florida
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day before me. an officer
duly qualified to take acknowledgments, personally apppeeared JACK
G. JEN'NINGS. Administrator of Board of County Comissien*rs of �
Indian River County, Florida, to me known to be the person des.
tribed in and he executed the foregoing instrtsent and acknowledged
before me that ha executed tM sue.
i
WITNESS my hand and offict 1 seal !■ the County sad Stat*
n�•` lask-aforassid, this 494day of , 102.
. j�ttib•[pty sea!) Notary 3TS.c�,,_.� 4
� t at.ie �.'T1otI7s ii
.--at Large. Ply Cosslsstoa ospires:'1.4yAai
s..06 "-a. s. a a 01sv.e, Am. "n of t.-% P. a a eta vie rids 1srUs n3e�
ATTORNEY COLLINS STATED THAT UNTIL THIS REQUEST CAME UP
FOR REVIEW, HE HAD NEVER HEARD OF A UNITY OF TITLE, AND HE BELIEVED
IT IS A UNIQUE ANIMAL CREATED BACK IN 1960 FOR A SPECIAL PURPOSE.
HE ASSUMED THE APPLICANT CAME TO THE COUNTY SAYING HE WANTED TO PUT
A TRAILER ON A PIECE OF PROPERTY, AND THE COUNTY NOT WANTING TO
SEE A TRAILER PARK, STATED THAT HE COULD PUT A TRAILER ON THE LAND
IF HE SIGNED A COVENANT THAT NOT MORE THAN ONE TRAILER WOULD BE PUT
ON THIS LAND. IT APPEARS THE APPLICANT AT THE TIME THEY REQUESTED
THIS UNITY OF TITLE SUBMITTED A LARGE LEGAL DESCRIPTION WHICH TAKES
UP ABOUT FIVE ACRES, THERE WAS A PARTIAL RELEASE FROM THIS UNITY
OF TITLE MADE TO C. W. HAVEN IN 19721 WHICH IS SIGNED BY ADMINISTRA-
TOR .KENNINGS. ATTORNEY COLLINS CONTINUED THAT WHEN HE TRACED THE
ORIGINAL DESCRIPTION OUT, IT DIDN'T CLOSE, AND IT COULD WELL HAVE
INCLUDED THE PARTIAL RELEASE THE BOARD NOW IS BEING ASKED TO EXECUTE.
HE FELT THEY ARE NOW SAYING THERE WAS A DEFECTIVE PARTIAL RELEASE
BACK IN 1972 AND ALSO THAT THIS UNITY OF TITLE IS AFFECTING PROPERTY
OWNED BY SOMEONE OTHER THAN THE ONE WHO FILED THE UNITY OF TITLE.
THE ATTORNEY STATED THAT HE HAS NOT DONE TITLE WORK TO CHECK THIS.
FRANKLIN HAMILTON, WHO IS REQUESTING THE RELEASE, WAS
PRESENT, AND STATED THAT THERE IS JUST ONE TRAILER ON THE PROPERTY
AT PRESENT.
ATTORNEY COLLINS FELT THE ISSUE IS WHETHER THE COMMISSION
WANTS TO CURE THE -ENTIRE UNITY OF TITLE OR JUST ISSUE A PARTIAL RE-
LEASE AS REQUESTED, WHICH WOULD ONLY AFFECT A PLOT 1.00 X 190 ON
NORTH GIFFORD ROAD.
COMMISSIONER SIEBERT NOTED THAT THE PLANNING DEPARTMENT IS
CONCERNED WITH LANDLOCKING THE_REMAINING PORTION AND FEELS THAT THERE
SHOULD BE SOME KIND OF EASEMENT FOR THE BACK PARCEL.
ATTORNEY COLLINS STATED THAT THAT IS A PROBLEM FOR THE
PROPERTY OWNERS AND NOT THE COMMISSION'S FUNCTION.
MR. HAMILTON INFORMED THE BOARD THAT HE IS PLANNING TO BUY
THIS TRAILER AND THE 100 X 190 PLOT FOR HIS DAUGHTER AND HER HUSBAND
TO USE IT JUST AS IT IS FOR RESIDENTIAL PROPERTY, AND HE IS RE-
QUESTING THE RELEASE FROM THE UNITY OF TITLE SO HE CAN CET A CLEAR
TITLE.
OCT 2 41979
9 BOOK 41 Pm.,,E 755
OCT 2 4 1979 Boa 41 Fa.cE 756
ATTORNEY COLLINS FELT THE COUNTY'S ZONING LAWS HAVE BEEN
SUFFICIENTLY STRENGTHENED OVER THE YEARS SO THAT THERE IS NOT NOW
THE SAME CONCERN, AND HE SUGGESTED THAT THE BOARD RELEASE THE ENTIRE
TRACT.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED A RELEASE OF THE COVE-
NANT AND ENCUMBRANCES FOREVER ON THE PROPERTY DESCRIBED IN THE
UNITY OF TITLE DATED MAY ZS, 1967, FROM C. Vil. HAVEN TO INDIAN RIVER
COUNTY,..
10
RELEASE OF UNITY OF TITLE
The BOARD OF COUNTY C=-IISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, for good and valuable consideration, does hereby release
the following described property from that certain Unity of
Title dated May 25, 1967 from C. W. ITAVEN,.recorded in Official
Record Book 256, page 135, Indian River County Public Records:
The East 5 acres of the East 10 acres of the West
20 acres of Tract 3, less canal, in Section 30,
Township 32 South, Range 39 East, according to the
last general plat of Indian River Farms Company
filed in the office of the Clerk of the Circuit
Court of St. Lucie County, Florida. Said land now
lying and being in Indian River. County, Florida, and
recorded in Official Record Book 200, page 225.
and by this Release does hereby release the following covenants
running with the land:
The said property shall be considered as one plot and
parcel of land, and no portion of said plot and parcel of land
shall be sold, transferred, devised, or assigned separately
except in its entirety as one plot or parcel of land.
It is the intent of this Release of Unity of Title to release the
covenants running with the land as provided for in the original
Unity of Title dated the 25th day of May, 1967 and to provide
that the land as described above shall be free of the Unity of Title
on the date of execution.
This 24th day of October
, 1979.
Signed, sealed and delivered
in the presence of:
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, x
By-���� �L�
William C. `•Iodtke, JrA,1 Chairman
Attes-t
Freda Wright, Clerk r'
OCT 2 41979 BOOK 1 Gc � �
OCT 2 41979 Boos 41 PAGE. 758
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 acknowledg--
ments, personally appeared WILLIAM C. WODTKE, JR., as Chairman of
the Board of County Commissioners of Indian River County, a political
subdivision of the -State of Florida, and FREDA WRIGHT, as Clerk of
the Circuit Court, known to me to be the persons duly authorized
by said County to execute the foregoing instrument, and they
acknowledged before me that they..executed the same for and on behalf
of said political subdivision.
WITNESS my hand and official seal in the County and State
last aforesaid this day of �� 1979.
Notary Publ' , State 6f Flor' a at Large.
My commission expires:
s
COMMISSIONER SIEBERT INFORMED THE ,BOARD THAT THE INDIAN
RIVER CITRUS LEAGUE WOULD LIKE TO HAVE SIGNS DESIGNATING WHEN A
MOTORIST IS ENTERING THE INDIAN RIVER CITRUS DISTRICT, WHICH IS A
SPECIAL DISTRICT ESTABLISHED BY CONGRESS. THE CITRUS LEAGUE WOULD
LIKE THE BOARD TO ADOPT A RESOLUTION SUPPORTING THEIR EFFORTS AND
FORWARD IT TO THE DOT OFFICE,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER LOY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 79-jO8 AND
INSTRUCTED THAT IT BE FORWARDED TO THE DEPARTMENT OF TRANSPORTATION
AND THE INDIAN RIVER CITRUS DISTRICT
13
OCT 2 41979°°� F�;c'7u9
OCT 2 41979_ BOOK p FnE 760
RESOLUTION 79- 108
WHEREAS, the INDIAN RIVER CITRUS LEAGUE has requested
that the Board of County Commissioners of Indian River County.,
Florida endorse and support the following proposal:
That the Department of Transportation erect signs
on all paved roads that cross boundaries of the
Indian River Citrus Area. The signs shall be -in
the traditional fashion and shall read as follows:
WELCOME, YOU ARE ENTERING THE "INDIAN RIVER"
CITRUS AREA
On the opposite side of the road the sign shall
read:
_ YOU ARE NOW LEAVING THE "INDIAN RIVER" CITRUS
AREA
and
WHEREAS, the Board of County Commissioners agrees that
said signs would serve to enhance and protect the name of the
citrus grown in the Indian River Area and also define the
area to the many people that are not familiar with it;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the Board
endorses and supports the foregoing proposal.
Said Resolution shall become effective as of the 24th
day of October , 1979.
BOARD OF COUNTY COMt2ISSIONERS OF
INDIAN
/RIVER COUNTY, FLORIDA
By
William C. Wodtke, Jr., C irman
Attest:
Freda Wright, Clem
ATTORNEY COLLINS NOTED THAT THE BOARD BY RESOLUTION NO.
78-50 ADOPTED THE INDIAN RIVER COUNTY BOARD OF ADJUSTMENTS AND
APPEALS, WHICH BOARD WAS SET UP IN THE BUILDING CODE FOR THE PURPOSE
OF HELPING RESOLVE SOME CONTRACTOR -OWNER ZONING AND BUILDING DEPART-
MENT PROBLEMS. AT THE TIME OF THE ADOPTION OF THE RESOLUTION, A
BOARD OF FIVE MEMBERS WAS SET UP WITH STAGGERED TERMS. TWO OF
THESE - PETER ROBINSON AND DEAN LUETHJE - ARE UP FOR REAPPOINTMENT.
THE NEW TERM FOR REAPPOINTMENT IS FOUR YEARS. THESE CANDIDATES ARE
WILLING TO SERVE.
ON LOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER LYONS, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 79-102
REAPPOINTING PETER ROBINSON AND DEAN LUETHJE TO THE POARD OF ADJUST-
MENTS AND APPEALS FOR A FOUR YEAR TERM.
15
OCT 2 4 1979 BooK 41 F� U Zj
� J
Fr- 'I
OCT 2 41979 41 762
BOOK FA��t
RESOLUTION NO. 79-102
WHEREAS, by Resolution 78-50 the Board of County Commissioners
of Indian River County, Florida appointed Members to the Indian
River County Board of Adjustments and Appeals; and
WHEREAS, two (2) of the terms, i.e., that of DEAN F.
LUETHJE and PETER G. ROBINSON, have expired; and
WHEREAS, the Board desires to make new appointments to the
Indian River County Board of Adjustments and Appeals;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN River COUNTY, FLORIDA, That DEAN F.
LUETHJE and PETER G. ROBINSON are hereby appointed each to a
four (4) year term on the Indian River County Board of Adjustments
and Appeals.
This Resolution shall become effective as of the 24th
day of October , 1979.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By sii� Gd�n
William C. Wodtke, Jr., airman
Attest:
Freda Wright, Cl�rlk
THE BOARD NEXT DISCUSSED A LETTER FROM THE INDIAN RIVER
COUNCIL ON AGING IN REGARD TO REPRESENTATION ON THEIR POARD AND
SUGGESTING EUGENE CRAGG,
THE CHAIRMAN FELT THAT MR. CRAGG HAS BEEN VERY CONSCIEN-
TIOUS IN ATTENDANCE DURING THE LAST YEAR AND STATED THAT HE WOULD
LIKE TO SEE HIM CONTINUE TO SERVE.
MRS. FORLANI, SECRETARY TO THE LOARD, REPORTED THAT MR.
CRAGG IS WILLING TO SERVE AND HAS BEEN NOMINATED FOR PRESIDENT OF
THE COUNCIL ON AGING.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER LOY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION NO. 79-103 AP-
POINTING F. EUGENE CRAGG AS THE COUNTY'S REPRESENTATIVE ON THE
INDIAN RIVER COUNTY COUNCIL ON AGING FOR 1980.
17
OCT 2 41979
OCT 2 41979
I
RESOLUTION NO. 79-103
8009
41 PAF 764
BE IT RESOLVED BY THE -BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that F. EUGENE CRAGG is hereby
appointed as Indian River County's Representative on the Indian
River County Council On Aging, Inc. to serve during the corporate
year of 1980.
This Resolution shall become effective as of the 24th
day of October 1979.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By ;?16M.A �_
William C. Wodtke, Jr., airman
Attest:
&-,% _ t
Freda Wright, Cle"
v
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 79-104
HONORING BOBBY MEADOWS FOR HIS SERVICE ON THE HEALTH PLANNING
COUNCIL AND REQUESTED THAT SAME BE FORWARDED TO HIM.
w
Com/ i `L I Y t ,� t.
r
NO. 79 -104
WHEREAS, on December 3, 1975 BOBBY MEADOWS was appointed
a's Indian River County's Representative to the Health Planning
Council, Inc. for a term of three years; and
WHEREAS, on November 15, 1978 BOBBY MEADOWS was re-appoin
as Indian River County's representative to said Council for an
additional three-year term; and
WHEREAS, BOBBY MEADOWS has diligently and faithfully per-
formed his duties on the Health Planning Council from the date o
his first appointment to said Council to the effective date of h
resignation in October of 1979; and
WHEREAS, the number of people served by the HiSalth Planni.
Council, Inc. has increased greatly during BOBBY MEADOW'S tenure
on said Council; and
WHEREAS, BOBBY MEADOWS has served the citizens of Indian
River County not only as a member of the Board of Directors of
the Health Planning Council, Inc. but as Administrator.of the In+
River Memorial Hospital; and
WHEREAS, BOBBY MEADOWS has served the citizenry of Indian
River County with great distinction and through his efforts has
made Indian River County a better place in which to live;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board on
behalf of itself and the citizenry of Indian River County, expre,
its deep appreciation to BOBBY MEADOWS for his devotion tc, the
health care of the citizens of Indian River County; and . --
BE IT FURTHER RESOLVED that the Board wishes BOBBY MEADOW,
continued success in his future endeavors.
Said Resolution shall become effective as of the 24th
day of October , 1979.
0
ORI
OCT _2 41979
it/
' 2e), -Alv' ..
Chairman, County Comm' . 'fners
BUS . N�GE �65
OCT 2 41979 BOOK 41F�.GE 766
ROBERT MARSHBANKS OF THE KFWANIS CLUB OF VERO TREASURE -
COAST CAME BEFORE THE BOARD TO REQUEST SUPPORT FOR THEIR CAMPAIGN
FOR BICYCLE PATHS, HE PRESENTED THE BOARD WITH PETITIONS SIGNED BY
625 INTERESTED CITIZENS REQUESTING THAT THE COUNTY ACTIVELY SEEK
BIKE PATHS, SAID PETITIONS ARE ON FILE IN THE OFFICE OF THE CLERK.
MR, MARSHBANKS FELT THE COMMISSION SHOULD CREATE A SAFETY
CAMPAIGN IN OUR COUNTY, ESPECIALLY IN SCHOOL DISTRICTS TO EDUCATE
BIKE RIDERS, AND, IN ADDITION, CREATE AN ACTIVE COMMITTEE TO MAKE
RECOMMENDATIONS TO SEEK FUNDS AND COORDINATE EFFORTS BETWEEN THE
COUNTY COMMISSION AND THE CITY COUNCIL. HE NTOED THAT OTHER ORGANI-
ZATIONS._HAVE ALSO STATED THAT BIKE PATHS ARE OF PRIME IMPORTANCE.-
ESPECIALLY
MPORTANCE,
ESPECIALLY IN VIEW OF RISING GAS PRICES AND BELIEVED THEY CAN SOLVE
A -GREAT MANY PROBLEMS IN OUR COMMUNITY. HE FELT THE PARENT -TEACHERS
ASSOCIATION WILL SEEK AN AUDIENCE WITH THE BOARD IN THIS REGARD AT
A LATER DATE.
CHAIRMAN WODTKE ASKED IF HE THOUGHT PEOPLE WOULD BE WILLING
TO.INCREASE TAXES FOR THIS PURPOSE.
MR. MARSHBANKS STATED THAT THEY WOULD LIKE TO AVOID THIS
AND THEY HAVE COME UP WITH THE POSSIBILITY OF SEVERAL FEDERAL GRANTS.
HE FURTHER STATED THAT CLUBS WILL ACTIVELY SEEK FUNDS AND TRY TO
RAISE THEM IF IT BECOMES NECESSARY, BUT THEY WISH TO AVOID A BOND
ISSUE. HE BELIEVED THERE IS AN SO MILLION DOLLAR GRANT FOR BIKE
PATHS THAT MAY BE FUNDED THIS YEAR AND INFORMED THE BOARD THAT THE
GOVERNORS COUNCIL ON PHYSICAL FITNESS IS GOING TO MAKE SOME SORT
OF PROCLAMATION ABOUT THE NEED FOR BIKE PATHS.
INTERGOVERNMENTAL COORDINATOR THOMAS FELT THAT MR.
MARSHBANKS IS CORRECT THAT A LOT MORE EMPHASIS WILL BE PUT ON
BICYCLES BECAUSE OF THE ENERGY SITUATION AND AGREED THAT MORE MONEY
WILL BE MADE AVAILABLE.
COMMISSIONER SIEBERT FELT THIS IS A TIMELY PROJECT AND
THAT WE OUGHT TO CONFORM TO THEIR REQUEST AND PARTICIPATE IN A
COMMITTEE TO LOOK INTO THIS AND BRING US ANOTHER REPORT.
MR. MARSHBANKS THEN DISCUSSED THE POSSIBILITY OF DESIG-
NATING CERTAIN LANES OF A HIGHWAY AS A BICYCLE PATH) NOTING THAT
THERE MAY BE LESS CARS ON THE ROAD BECAUSE OF THE RISING PRICE OF
GAS.
COMMISSIONER LYONS BELIEVED THAT FOR SMALL EXPENDITURES
A LOT OF AREA CAN BE OPENED UP AND NOTED THAT WE DO NOT NECESSARILY
NEED BIKE PATHS EVERYWHERE.
THE PRESIDENT OF TREASURE COAST KIWANIS, KENNETH DEMMER,
STATED THAT THEY HAVE MADE THIS PROJECT THEIR MAJOR PUSH FOR THIS
LYNN KIRBY, PRIVATE CITIZEN AND MEMBER OF A BICYCLE CLUB,
SPOKE OF THE DANGERS TO CHILDREN RIDING BICYCLES AND THE BENEFITS OF
BICYCLE PATHS. SHE NOTED THAT THOUGH THE BICYCLE PATHS ON 27TH
AVENUE ARE NOT IN GOOD SHAPE, THEY ARE PUT TO MUCH USE, AND SHE BE-
LIEVED SUCH PATHS WOULD BE USED EVERYWHERE. MRS. KI•RBY FELT A
BICYCLE PATH ROUTE HAD BEEN WORKED OUT THROUGHOUT THE CITY SOME YEARS
AGO.
MR. MARSHBANK AGREED THAT THE SCHOOLS AND CHILDREN ON
BICYCLES ARE THEIR MAIN CONCERN AND THAT SAFETY EDUCATION IS EX-
TREMELY IMPORTANT.
COMMISSIONER SIEBERT NOTED THAT THE COMMISSION HAS RECOG-
NIZED THIS NEED AND WHERE WE HAVE PUT IN BIKE PATHS, OUR EMPHASIS
HAS BEEN ON THE SCHOOL AREAS. HE CONTINUED THAT WE ALSO HAVE RE-
CEIVED COOPERATION FROM THE SAFETY COUNCIL AND DID HAVE SEVERAL PRO-
GRAMS. COMMISSIONER SIEBERT EXPLAINED THAT WE DID NOT SUPPORT THE
ORIGINAL PROPOSAL BECUASE OF THE COST INVOLVED, BUT IT SEEMS TIMES
HAVE CHANGED: THERE NOW MAY BE GRANT MONEY AVAILABLE: AND HE -WOULD
SUPPORT FORMING A COMMITTEE TO SEEK FEDERAL GRANTS FOR THIS PURPOSE.
HE CONGRATULATED THE KIWANIS CLUB FOR INITIATING THIS PROJECT.
COMMISSIONER LOY AGREED THAT THE TIME HAS COME TO MOVE
FORWARD WITH THIS PROJECT AND L-IKE_THE IDEA OF AN OVERALL SAFETY
CAMPAIGN FOR BIKE RIDERS AND DRIVERS AS WELL. SHE NOTED THAT WE
HAVE REQUESTED THE DOT TO CLEAN UP THE BIKE PATHS ON 27TH AVENUE AND
FELT THE BOARD WOULD LIKE TO DO EVERYTHING THEY CAN IN SUPPORT OF
BICYCLE PATHS.
_ PLANNING & ZONING DIRECTOR DAVID REVER COMMENTED THAT
-THE PLANNING DEPARTMENT SUPPORTS THIS PROPOSAL. HE REPORTED THAT
THE PLANNING DEPARTMENT HAS A NEW STAFF MEMBER, ARTHUR CHALLACOMBE
FROM THE STATE OF HAWAII, WHO HAS FIVE YEARS- EXPERIENCE WITH STATE
AND RECREATION PLANNING AND WHO WILL BE WORKING ON THE.RECREATIONAL
ELEMENT OF OUR COMPREHENSIVE PLAN.
BOOK FAvr ju
OCT 2 41979 21
OCT 2 41979 Bog 41 PA.PF768
COMMISSIONER LYONS NOTED THAT THIS IS NOT PURELY A RECRE-
ATIONAL MATTER, AND PLANNING DIRECTOR REVER AGREED, BUT POINTED OUT
THAT THE FUNDS DO COME PRINCIPALLY FROM RECREATIONAL SOURCES.
COMMISSIONER SIEBERT ASKED WHAT PROCEDURE THE KIWANIS ARE
ASKING US TO FOLLOW, AND MR. MARSHBANKS STATED THAT HE HAS BEEN
WORKING WITH THE RECREATIONAL COUNCIL OF THE CITY OF VERO BEACH,
AND HE WOULD LIKE TO -SEE IF THE COUNTY COMMISSION COULD TAKE PART
IN THAT WORK GROUP AND COORDINATE RECOMMENDATIONS WITH THE CITY AND
COUNTY -
IT WAS- NOTED THAT COMMISSIONER DEESON, WHO IS ABSENT TODAY, ..
IS ON THAT COMMITTEE.
CHAIRMAN WODTKE FELT THE COMMISSION WILL ASSIST IN ANY
WAY POSSIBLE AND THAT POSSIBLY THE PLANNING DIRECTOR, MR. THOMAS,
AND COMMISSIONER Loy COULD SERVE ON A COMMITTEE TO BRING RECOMMENDA-
TIONS BACK TO THIS BOARD, AND POSSIBLY A MEMBER FROM THE SAFETY 000N -
CIL.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE PLANNING DIRECTOR
AND INTERGOVERNMENTAL COORDINATOR TO ASSIST THE COMMITTEES ON THE
BICYCLE PATH PROJECT AND SAFETY CAMPAIGN.
TOM FAIR, SENIOR ENVIRONMENTAL PLANNER, FLORIDA POWER & LIGHT
CO., CAME BEFORE THE BOARD TO REQUEST THAT THE BOARD MODIFY THE
DEVELOPMENT ORDER ISSUED ON MARCH 7, 19791 RELATIVE TO THE LAKE
POINSETT TRANSMISSION LINE PROJECT. HE READ ALOUD THE PORTION OF
RESOLUTION 79-26 RELATING TO SUBSTANTIAL DEVIATION FROM THE DEVELOP-
MENT ORDER AND INFORMED THE BOARD THAT THE SUBSTANTIAL DEVIATION
DETERMINATION UNDER THE FLORIDA STATUTES IS BASED ON WHETHER OR NOT
THE MODIFICATION REQUESTED INVOLVES SUBSTANTIAL REGIONAL IMPACT RE-
QUIRING FURTHER REVIEW BY THE REGIONAL PLANNING COUNCIL. MR. FAIR
EXPLAINED THAT THEIR REQUEST FOR MODIFICATION CAME ABOUT BECAUSE
ST. LUCIE COUNTY ISSUED THEIR DEVELOPMENT ORDER BASED ON RELOCATION
OF THE CORRIDOR IN ST. LUCIE COUNTY, WHICH RESULTED IN THE CORRIDOR
ENTERING INDIAN RIVER COUNTY APPROXIMATELY 1-3/4 MILES AWAY FROM
THE LOCATION APPROVED IN INDIAN RIVER COUNTY'S DEVELOPMENT ORDER.
22
MR. FAIR NOTED THAT ST. LUCIE COUNTY'S ORDER HAS PUT FP&L IN THE
POSITION OF HAVING A GAP IN THE TRANSMISSION LINE, AND THEY TOLD
ST, LUCIE COUNTY THAT THEY WOULD HAVE TO ASK INDIAN RIVER COUNTY TO
REVIEW THIS MATTER AND SEE HOW IT COULD BE WORKED OUT. HE CONTINUED
THAT THEY ARE ASKING INDIAN RIVER COUNTY TO APPROVE AN EXTENSION
ABOUT 1-3/4 MILES IN LENGTH TO TIE THE LINES TOGETHER. MR. FAIR
THEN DISPLAYED A MAP SHOWING THE APPROVED LOCATION AND THE PROPOSED
REALIGNMENT AND DISCUSSED THE PROBLEM PRESENTED BY THE NECESSITY TO
AVOID THE MICROWAVE COMMUNICATIONS TOWER OWNED BY THE TURNPIKE
AUTHORITY. HE COMMENTED THAT THE CHANGE OF THE ENTRY POINT INTO
INDIAN RIVER COUNTY WAS BROUGHT ABOUT BY THE PROTESTS OF ONE RANCH
OWNER WHO DID NOT WISH TO HAVE THE TRANSMISSION LINES ON HER PROPERTY
AND FURTHER NOTED THAT THEY WERE INFORMED THE REALIGNMENT WOULD
AFFECT ONLY ONE PROPERTY OWNER IN INDIAN RIVER COUNTY, BUT IT NOW
APPEARS THAT THIS IS NOT CORRECT.
MR. FAIR SUBMITTED THE FOLLOWING LETTERS FROM THE TREASURE
COAST REGIONAL PLANNING COUNCIL AND ST. .JOHNS RIVER WATER MANAGEMENT
DISTRICT, NOTING THAT THE REGIONAL PLANNING COUNCIL STATES THERE ARE
NO OVERRIDING SIGNIFICANT REGIONAL IMPACTS AND THE WATER MANAGEMENT
DISTRICT HAS NO OBJECTION TO FURTHER ALIGNMENT ALONG THE TURNPIKE.
a
L- OCT 2 41979
BOOK 41 PAGE 769
OCT 2 41979 BOOK 41 FACE 770
oijure
r +'L'�Ld%'_ 41:7fiM?+.gM .•"t.e 1, un c. is.ar .. �...yv. 1.fI J '4d
Q 7 Wd
f -
October 11, 1979
Ms. June M. Small
Environmental Planner
Florida Power & Light Company
E Post Office Box 013100
Miami, FL 33101
1 Subject: Realignment of FPL Lake Poinsett=Martin-Midwa
g - y
Transmission Lines
:s
.i Dear June:
In accordance with our discussion on this date concerning
whether or not Council staff had identified any significant
regional concerns with the realignment of the above cap-
tioned transmission line in Indian River County, please
allow me to refer you_to the statement made in the staff
report submitted to Council on September 21, 1979 which
states:
"There are no overriding significant regional
impacts that would support one alternative
over the other."
A copy of the referenced staff report is attached, for your
information.
For clarification of the context of the state^-nt, the
alternatives being discussed were the alignments north
and south of the Turnpike.
I trust h`.s information will be of assistance. Should
you have additional questions, please do not hesitate to
_contact re.
j Yours truly,
' Sam Shannon
Executive Director
SS:cs
'.. Attachment
50 kindred st.
p.o. box 2395
stuort, florida 33494
thomns j. humins
6airm.^.n
edward h. Ouckler
w.w. siabert, jr.
vice Choi -man
som: 'wmnon
s
TREASURE COAST REGIONAL PLANNING COUNCIL
M E M O R A N D U M
To: Council Members AGUR A j E. 5_B
From: Staff
Date: September 21, 1979 Council Meeting •-
Subject: St. Lucie County Development Order on the FPL Midway -Lake Poinsett
Transmission Line
The Council has received a copy of St. Lucie County's Development Order that
approves, with conditions, the FPL Midway -Lake Poinsoft Trar.smiesion Lire.
Background
In January 1979, Council recommended the approval, with conditions, of the FPL
Midway -Lake Poinsett 500 KV Transmission Line.(See Exhibit 1 for the location
of the transmission' line.) In March 1979, Indian River County adopted a Develop-
ment Order for the northern half of the transmission line in the same location
as approved by the Council. St. Lucie County has now brought before the Council
the Development Order for the southern half of the transmission line.
St. Lucie County Alignment
In response to very strong criticism from St. Lucie County property owners affected
by the transmission line, St. Lucie County appointed a citizens committee to work
with FPL on a realignment that would reduce the impact on the affected property
owners. The major concerns raised by the property owners appeared to be:
1. The impact of the transmission line on the operation of the
citrus groves, particularly due to the diagonal alignient
across the groves.
2. The aesthetic impact and reduction in development opportunity
to the property the transmission line crosses.
As a result of the meeting with the citizens committee, plus several public hearings
before the St. Lucie County Commission, the transmission line was moved out of the
citrus croves-Wherever possible and, when unavoidable, the line crossed at right
angles rather than running diagonally through the groves. To reduce the aesthetic
impact and loss of development opportunity in northwest St. Lucie County, the trans-
mission line was moved eastward to parallel the Sunshine State Parkway and cross
into Indian River County two miles east of the location recommended by Council.
Impacts of the New Alignment
Council staff review has identified the following impacts related to the new
alignment:
1. The realignment in St. Lucie County does not meet the line in
Indian River County.
P. The realignment creates a negative visual impact to the approx-
imately 12,000 vehicles that use that portion of the Sunshine
State Parkway each day. The realignment would parallel the
Parkway for approximately ten miles.
3. The realignment would require the crossing of approximately 3.9
miles of cypress swamp.
4. The added length of the realignment, plus the location of part
of the line in a cypress swamp, will add a significant cost to
the line, which would be borne by the FPL customers. FPL was
unable, at this time, to c{liantify the added cost.
BJOK 41 FAH 7 7 1
Mitigation of the Impacts of the New Alignment
The applicant, FPL, and one of the major landholders, Ashland Oil Co., are viorkinq
on a method to mitigate several of the negative impacts identified above. (See
OCT 2 41979
OCT 2 41979 BOOK 41 FA; -
Exhibit 1 for location of the Ashland Oil site in relation to the transmission
line.) The exact terms of the mitigation efforts have not been finalized in
time for this staff report. However, the general idea is to restclrc the histnr-ic:
hydroperiods in the drained cypress swamp and provide a visual buffer for the
Turnpike. Staff expects to be able to present the exact mitigation measures in
the form of a three -party agreement at the September 21, l979 Council meeting.
The benefits that residents of the Treasure Coast Region ray receive from this
mitigation are:
1. There would be a tree buffer between the transmission line and the.
Sunshine State Parkway for several miles of their joint corridor.
2. The cypress Fwamp, which is now in a degraded condition due to
poor drainage practices, would be renourished through inr...tased
Crater tables.
3. The alignment in St. Lucie County should not be held up by lengthy,
expensive condemmation suit(s) and/or DRI appeals. This may well
redjce some of the increased costs associated with the realignment.
The mitigation measures envisioned by FPL and Ashland do not resolve the issue
of a new crossing point into Indian River County, and the resultant two mile
separation of the two lines. The reason the realignment turns into Indian River
County at this new point is to avoid a communications tower on the south side
of the Sunshine State Parkway (See Exhibit 2).
Two obvious methods of connecting the two transmission lines and missing the
communications tower are to either go north or south of the tower. There are
no overriding significant regional impacts that would support one alternate
over the other. Advantages and disadvantages of each are listed below:
Northern alignment:
Advantages - 1. Does not require further approvals in
St. Lucie County.
2. Does not create any "out parcels" or
small relatively isolated land areas.
Disadvantages - 1. Requires further approvals in Indian River
County.
2. Impacts a "new" property owner in Indian
River County.
3. May impact an active. osprey nest, depending
on exact location of realignment.
4. Places the line through two more miles of
wetlands which may require increased con-
struction and maintenance costs. This
particular wetland area is a marsh in a
relatively degraded condition due to local
drainage practices. The location of the
transmission line along the southern boundary
of this marsh should not significantly reduce
the existing function of this marsh.
Southern alignment:
Advantages - 1. Does not require further approval in Indian
River County.
2. Does not impact the osprey nest.
3. Puts the line through higher and drier land
which will reduce cbnstruction_and maintenance
costs.
Disadv.antages - 1. Creates a narrow "out parcel" area between the
line and the Sunshine State Parkway (See
Exhibit 2).
_ 2. Requires r approval in St. Lucie County.
Recommendation
Staff recommends two actions:
1. Council should determine whether the transmission line should be
routed south of the tower in St. Lucie County to reet the already
approved Indian River County alignment or, conversely, that the
transmission line should be routed north of the tower and Irdian
River County should amend their approved Development Order. The
resultant regional impacts are basically the same.
In either case, the St. Lucie County Development Order should be
appealed, on the basis that the realignment is inconsistent with
the alignment recommended by the Council. The appeal should be
dropped when the appropriate local government has modified its
Development Order. _
2. Council should review and determine whether or not the agreement
between Ashland Oil Co., FPL, and the Council is sufficient to
mitigate the negative issues of increased cost in construction
and impact to the environment by locating the transmissi^r line
through 3.9 miles of a cypress swamp.
If the agreement is not available at the time of the Council
meeting, or is not sufficient to mitigate the negative impacts,
then the Council should appeal the Development Order on these
issues, as well as the inconsistency issue.
Attachment
Box 41 fra
OCT 241979
OCT 2 41979
BOOK 41 Fa,r 774
RM.
�5�}L11NJ olt_...
ALIGNMENT APPRO
BY THE TCRPC
IN JANUARY 19
c:D R�vsl ----I t---LAKID
• r.
0}:EECl!07;EE: COUNTY
(8
1
O't.EEChO�
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e Oem®Po oo90 +SLnO o0
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ease
e.® BY ST. LUCIE COUNTY
o 6.04
`n 00,06 IN AUGUST 1979
e.s.
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CCS 1leoSKi� - 0�
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EXHIBIT 1 - ALIGNMENT APPROVED BY THE TCRPC AND THE ALIG1'MENT ADOPTED BY
ST. LUCIE COUNTY
OF
.NORTH ALTERNATE -= AREA •
OSPREY NEST
..-..t•'n <w ty.Ryqewly - � .,,v++ z - -'" y •, -., .: ,.,:- .;..
• — :s: _ _ -r•......,�...�.....,.__....•......,......._..... .. _,.»....,...`.....v.((.:� ~= = u....r. rimae Y-. �4at•r� .-s •� '' .'` �.
1. .ss..�..1. _ ..moi 1� .r,.x ... Y---_;�r .:.y,�•^ ". '. i ` - 21 Fi$�d<$I`I1: CO
----. COMMUNICATIONS TOWER
jj
+
CUT" PA�E��
41
SOUTH ALTERNATE'
3 s y •I. ..f. x + .i ( »•,•..•...... tom•• ..r..... ,.( 1,.w :.1, ,.,•
•.. ,•. ` �'�,�. .._ •.... ?t` i�•'•��II } } _� 1� � •"'.:�(i A.s: ♦r� fid.
l t' •:.` '` -!� �I ; ALIGNMENT ADOPTS � � t
ALIGNMENT
�i APPROVEDBY ST. LUCIE COUNTY
PCBY TCF%1
• i t i .: r'� 7 '• Y
�.r'�yJ.
a WETLANDS
EXHIBIT 2 - SMALL AREA OF THE TRANSMISSION LINE SHOWING THE NORTH AND SOUTH
ALTERNATE ROUTES AROUND THE COMMUNICATIONS TOWER
BOOK 4f PAGE 775
OCT 2 41979
OCT 2 41979
ST. JOHNS RIVr-R
FREDERICK O ROUSE
E■CCWAc Durclor
September 14, 1979
Ton. Fair
Senior Environmental Planner
Florida Power & Light Company
P. 0. Box 529100
Miami, Florida 33152
Boos 41 FA-UE776
0
VAI ATKA, FLU(; DA'4:'0 r
TELF025.%3o
RE: FP&L Martin/Midway 500 KU Transmission Line
Dear Tom:
As per our recent conversation and conversations held betti•:een June Small
and, Dennis Auth , I am submitting staff comments regarding the Marti n/Midway
Transmission Line realignment in Indian River County.
The easterly extension of said line,as we understand it, would be ad-
jacent to and closely follow the northern ROW of the Flor da Turnpi!- for
a distance of approximately 1.5 miles east from the current proposed inter-
section with the turnpike,before proceeding southward into St. Lucie County.
If this assessment is correct the extension would not traverse currently
owned or controlled District property. Additionally, from the information
available to us at this time it appears that the propose realignment would
not impact or be impacted by project works or activities associated with the
Upper St. Johns River Surface Water Management Project. The staff,therefore,
can find no objections to the proposed realignment from the District's perspective.
If you have any further questions, please contact me.
EOM:djm
R. T (TOMMY) CLAY
Chairman - Pa Inikn
FRANK X. FRIEDM.ANN, JR
Jacksonville
Sincerely,
E. Owen McCuller, Jr.
Water Resource Planner
JASPER JOINER CEAUDE O. GODWIN
Vice Chairman - Gama r:en Sdrrotary - T rtue,!!e
A RAYBEVI:.LE JACK ChIFW;1DdAS
Femand;na Baach Apoi;.,,,
t.t CH,1El BRA:'POCI,
Treoswr, - Re^ -or
CLIC F R):",SEND_
51 Auqu :ine
(% :1."
.10H%''i TR:'.
MR. FAIR INFORMED THE BOARD THAT FP&L IS OF THE OPINION
THAT THE MODIFICATION WOULD NOT HAVE A SIGNIFICANT REGIONAL IMPACT
SINCE IT WOULD AFFECT ONLY THE PEOPLE ON A FEW PARCELS, HE, THERE-
FORE, REQUESTED THAT THE BOARD MODIFY THEIR DEVELOPMENT ORDER SO
FP&L CAN EXTEND THE LINE ALONG THE PORTION OF THE TURNPIKE INDICATED,
WHICH HE FELT WOULD SOLVE THE PROBLEM OF THE COMMUNICATIONS TOWERS,
HE NOTED THAT THE COSTS OF GOING SOUTH OR NORTH OF THE TOWER ARE
ROUGHLY EQUIVALENT, BUT DISCUSSED -THE RIGHT-OF-WAY PROBLEMS INVOLVED
IN GOING SOUTH AROUND THE TOWER BECAUSE THERE WOULD BE A GAP BETWEEN
THE TRANSMISSION LINE RIGHT-OF-WAY AND THE TURNPIKE RIGHT-OF-WAY.
COMMISSIONER SIEBERT FELT THAT BEFORE FP&L GOT TOO FAR WITH
THE ST. LUCIE COUNTY DEVELOPMENT ORDER, THEY SHOULD HAVE FOUND OUT
WHO WAS AFFECTED IN INDIAN RIVER COUNTY AND MADE THOSE PEOPLE AWARE
OF THE PROBLEM.
MR. FAIR STATED THAT THEY WOULD HAVE TAKEN THAT PRECAUTION
HAD THEY ANTICIPATED ST. LUCIE COUNTY DICTATING THE LOCATION WHERE
THEY ENTERED INDIAN RIVER COUNTY, BUT THEY NEVER ANTICIPATED SUCH A
POSSIBILITY.
COMMISSIONER SIEBERT STATED THAT THE REASON ST. LUCIE COUNTY
INSTRUCTED FP&L TO CROSS THE TURNPIKE WAS BECAUSE OF THE OBJECTION
OF THE RANCH OWNER ON THE SOUTH SIDE OF THE TURNPIKE. HE CONTINUED
THAT BECAUSE OF THAT OBJECTION TO RUNNING THE LINE THROUGH PASTURE
LAND, WE NOW ARE BEING ASKED TO RUN THE TRANSMISSION LINE THROUGH
CITRUS LAND AND DRAINAGE DISTRICT LAND THAT HAS TO BE WORKED WITH A
DRAGLINE. HE ASKED IF IT Is FP&L'S FEELING THAT THE PROPOSED RE-
ALIGNMENT IS BETTER THAN GOING THROUGH PASTURE LAND IN ST. LUCIE
COUNTY. -
MR. FAIR DID NOT THINK SO, BUT COMMENTED THAT FP&L REALLY
DOES NOT HAVE A POSITION ON THIS, AND THEY -DO HAVE A PROBLEM WITH
THE TRANSMISSION TOWER.
ATTORNEY MICHAEL O'HAIRE APPEARED AS REPRESENTATIVE OF THE
BARNES FAMILY, THE GROVE OWNERS WHO WOULD BE AFFECTED BY THE MODIFICA-
TION, AND ALSO AS COUNSEL FOR THE ST. .JOHNS WATER MANAGEMENT DISTRICT
WHICH OWNS LAND ALL ALONG THE NEW ALIGNMENT. HE FELT THAT WHAT
HAPPENED IN ST. LUCIE COUNTY IS THAT ONE RANCH OWNER INDICATED TO
31 ��
OCT 2 41979
OCT 2 41979 Bou 41 fins778
THEM THAT IT DIDN'T MAKE ANY DIFFERENCE IF THE LINES CROSSED OVER
AND ENTERED INTO INDIAN RIVER COUNTY AT THAT POINT BECAUSE THERE
WAS NOTHING OVER THERE. THAT IS NOT TRUE, HOWEVER, SINCE THE
BARNES FAMILY HAS CLEARED, FILLED, AND BEDDED THIS AREA FOR CITRUS,
AND THEY ARE ABSOLUTELY OPPOSED TO THE PROPOSED MODIFICATION WHICH
WOULD AFFECT THEIR AERIAL SPRAYING. IN ADDITION, NO ONE EVER CON-
SULTED THE DRAINAGE DISTRICT. MR. O'HAIRE INFORMED THE BOARD THAT
THE DISTRICT HAS IMPORTANT STRUCTURES THERE, AND THERE SHOULD BE
ADEQUATE TIME ALLOWED FOR THEM TO CONSIDER THE IMPACT OF SUCH_ A
MODIFICATION. ATTORNEY O'HAIRE COMMENTED THAT ST. LUCIE COUNTY
APPARENTLY RELIED ON THE OBJECTIONS OF ONE LAND OWNER WHO HAS PASTURE
LAND AND MISREPRESENTED THAT THERE WAS JUST SWAMP AND WOODS ON THE
OTHER SIDE OF THE TURNPIKE; HE, THEREFORE, WQULD REQUEST THAT THIS
BOARD NOT ENTERTAIN CHANGING THEIR DEVELOPMENT ORDER AT THIS TIME,
ESPECIALLY WITHOUT RECEIVING ANY INPUT FROM THE DRAINAGE DISTRICT.
HE DID NOT FEEL THAT INDIAN RIVER COUNTY SHOULD PERMIT THE ST. LUCIE
COUNTY COMMISSION, IN PROTECTING ITS AGRICULTURAL INTERESTS, TO CRAM
THIS MODIFICATION DOWN OUR THROATS, AND ALSO FELT THAT A CHANGE AS
RADICAL AS THIS WOULD INVOLVE READVERTISING AND RENOTICING.
MR. FAIR INFORMED THE BOARD THAT THE REGIONAL PLANNING COUNCIL
HAS APPEALED THE ST, LUCIE DEVELOPMENT ORDER BASED ON THE EXISTENCE
OF THIS GAP, AND FP&L HAS INTERVENED IN THAT APPEAL. HE CONTINUED
THAT THE APPEAL IS PENDING THE OUTCOME OF THE DISCUSSION HERE TODAY,
AND HE WAS HOPEFUL THIS MATTER COULD BE RESOLVED BETWEEN THE COUNTIES
INVOLVED.
MR. FAIR EXPLAINED THAT THEY WOULD HAVE CONTACTED THE DRAINAGE
DISTRICT,
BUT WHEN THEY CHECKED THE PROPERTY APPRAISER'S
RECORDS,
THE DRAINAGE
DISTRICT
DID NOT SHOW UP ON THE MAPS AND THEY
WERE NOT
CONTACTED.
HE NOTED THAT DRAINAGE CANALS ARE A SITUATION THAT FP&L HAS ENCOUN-
TERED THOUSANDS OF TIMES ALL OVER THE STATE, AND THEY HAVE STANDARDS
WHICH CALL FOR ADDITIONAL CLEARANCE IN CROSSING THESE CANALS TO
ALLOW FOR MAINTENANCE.
IN FURTHER DISCUSSION REGARDING THE DRAINAGE DISTRICT, IT
WAS NOTED THAT THE LETTER FROM THE DRAINAGE DISTRICT SUBMITTED BY
MR. FAIR IS FROM THE OVERALL REGIONAL DISTRICT, NOT THE LOCAL
DISTRICT DIRECTLY INVOLVED.
ATTORNEY COLLINS STATED THAT HE HAD NOT ENVISIONED THAT
THIS WOULD BE A FULL 120 HEARING AND ASKED MR. FAIR IF THEY DID NOT
HAVE ADVERTISING REQUIREMENTS AND NOTICING REQUIREMENTS TO MEET.
MR. FAIR REPLIED THAT THEY DID PROVIDE NOTICE TO INDIVIDUALS
BUT DID NOT PUT AN AD IN THE PAPER. HE STATED THAT THERE IS NO
NOTICE REQUIREMENT FOR A SUBSTANTIAL DEVIATION BECAUSE THE STATUTE
DOES NOT CONTEMPLATE THIS SITUATION.
COMMISSIONER SIEBERT POINTED OUT THAT IF WE WERE TO APPROVE
THE REQUESTED CHANGE, IT IS POSSIBLE THE MICROWAVE TOWER COULD
REQUIRE FP&L TO MOVE ANOTHER 1,000, AND WE WOULD HAVE NO FURTHER
JURISDICTION.
MR. FAIR INFORMED THE BOARD THAT THEIR POLICY WHEN THEY ARE
ADJACENT TO AN EXISTING RIGHT OF WAY IS TO TRY TO GET AS CLOSE TO
IT AS POSSIBLE TO AVOID. -A HIATUS, AND THEY WOULD STIPULATE TO THIS
IF DESIRED.
SAM SHANNON, DIRECTOR OF THE TREASURE COAST REGIONAL PLANNING
COUNCIL, REVIEWED THE HISTORY OF THIS MATTER WITH THE BOARD, NOTING
THAT IN JANUARY OF LAST YEAR, THE COUNCIL DID CONSIDER THIS TRANS-
MISSION LINE AS A DRI AND FILED A REPORT RECOMMENDING THAT THE PRO-
POSED ALIGNMENT BE APPROVED WITH CERTAIN CONDITIONS. INDIAN RIVER
COUNTY THEN ADOPTED THEIR DEVELOPMENT ORDER, WHICH CAME BACK TO THE
REGIONAL PLANNING COUNCIL LAST MARCH AND WAS NOT APPEALED. SUBSE-
QUENTLY, IN AUGUST ST. LUCIE COUNTY ADOPTED THEIR DEVELOPMENT ORDER
WHICH REQUIRES MAJOR REALIGNMENT OF THE TRANSMISSION LINE, AND IT
NOW DOES NOT MATCH UP WITH INDIAN RIVER COUNTY. THE REGIONAL PLAN-
NING COUNCIL UPON REVIEWING THIS SITUATION RECOMMENDED THAT AN APPEAL
BE FILED UNDER THE DRI STATUTE; THE APPEAL WAS FILED AND IS NOW BE-
FORE THE ADJUDICATORY BOARD.
MR. SHANNON COMMENTED THAT THIS MATTER MUST BE RESOLVED, AND
THERE ARE SEVERAL OPTIONS. ONE WOULD BE TO COME BACK TO INDIAN RIVER
OCT 2 41979 _
OCT 2 41919
BOOK 41 wu 780
COUNTY TO SEE IF THEY WOULD MODIFY THEIR ORIGINAL ALIGNMENT TO
MEET UP WITH ST. LUCIE; SECOND WOULD BE FOR ST. LUCIE TO READDRESS
THE SITUATION AND DETERMINE THAT ITS POINT OF EXIT, OR ENTRANCE,
SHOULD BE MODIFIED; THIRD WOULD BE FOR BOTH COUNTIES TO DO NOTHING
AND FOR THE REGIONAL PLANNING COUNCIL TO TAKE THE APPEAL TO THE
GOVERNOR AND CABINET AND ALLOW THEM TO DECIDE WHAT SHOULD BE DONE
WITH BASICALLY JUST THE ST, LUCIE COUNTY DEVELOPMENT ORDER; THE
FOURTH OPTION WOULD BE FOR FP&L TO WITHDRAW THEIR APPLICATION, REFILE
AND START ALL OVER AGAIN; AND PERHAPS A.FIFTH OPTION WOULD BE FOR
THIS BOARD AND THE ST. LUCIE COUNTY COMMISSION TO SET UP A COMMITTEE
TO TAKE THIS ISSUE TO TREASURE COAST REGIONAL PLANNING COUNCIL TO
DECIDE WHETHER THE ROUTE SHOULD GO NORTH OR SOUTH, WHO SHOULD CHANGE
THEIR ORDER, ETC. MR. SHANNON NOTED THAT THE REGIONAL PLANNING
COUNCIL WOULD ONLY UNDERTAKE THIS IF BOTH COMMISSIONS INDICATED
THEY WOULD GIVE SERIOUS CONSIDERATION TO ANY COMPROMISE THEY MIGHT
RECOMMEND. HE CONTINUED THAT THE PLANNING COUNCIL STAFF COULD NOT
SUBSTANTIATE THAT THERE IS AN OVERRIDING REGIONAL CONCERN. THEY DO
FEEL THERE IS REGIONAL SIGNIFICANCE SINCE THE LINE BENEFITS THE
PEOPLE IN THE ENTIRE AREA, BUT THE SIGNIFICANCE DOES NOT RELATE TO
WHETHER THE LINE GOES NORTH OR SOUTH.
ATTORNEY O'HAIRE WAS OF THE OPINION THAT THIS BOARD SHOULD
NOT BE PUT IN A POSITION OF HAVING TO CHANGE WHAT THEY HAVE ALREADY
DONE BECAUSE OF THE ST. LUCIE COUNTY ORDER WHICH WAS BASED ON
ERRONEOUS INFORMATION. HE FELT THE MOST REASONABLE OPTION WOULD BE
TO TELL ST, LUCIE COUNTY THAT WE ARE NOT GOING TO CHANGE OUR ORDER
AND INFORM THEM THAT THERE IS DEVELOPMENT NORTH OF THE TURNPIKE AND
THEY SHOULD RETHINK THEIR POSITION. ATTORNEY O'HAIRE STATED THAT
THE AFFECT ON THE DRAINAGE DISTRICT IS MORE COMPLEX THAN JUST BEING
ABLE TO GET DRAGLINES UNDER THE TRANSMISSION LINES; HE NOTED THAT.
THIS LINE IS IMMEDIATELY ADJACENT TO THE MAJOR DITCHES OF THE
DISTRICT AND HAS THE POTENTIAL OF SERIOUSLY AFFECTING THE DISTRICT'S
FUNCTIONS.
COMMISSIONER LYONS ASKED IF ANYONE KNEW THE EXACT NATURE OF
THE LAND ON THE INDIAN RIVER COUNTY SIDE.
34
ROBERT EDSALL, GROVE OWNER, CAME BEFORE THE BOARD AND STATED
THAT THIS WHOLE SITUATION IS NOT FP&LAS FAULT. THE GROWERS AND
RANCHERS IN ST. LUCIE COUNTY OPPOSED A DIAGONAL ROUTE THROUGH THE
COUNTY, AND THE TRANSMISSION TOWER WAS A STUMBLING BLOCK. MRS. HOOKER,
THE RANCH OWNER WHO SUGGESTED THE TURNPIKE BE CROSSED AT A DIFFERENT
LOCATION, STATED THE LAND ACROSS THE TURNPIKE WAS MOSTLY UNDEVELOPED
AND APPARENTLY THE WESTERN HALF IS TOTALLY UNDEVELOPED, BUT NOT THE
REST. MR. EDSALL CONTINUED THAT MRS. HOOKER IS NOT A REGULAR RANCHER.
SHE HAS IMPROVED PASTURE AND HAS AN INTRICATE SYSTEM OF DITCHES TO
IRRIGATE HER CLOVER FIELD.
COMMISSIONER LYONS FELT POSSIBLY THE SOLUTION WOULD BE TO
MOVE THE TOWER. HE AGREED THAT COULD BE EXPENSIVE, BUT SO IS THE
ADDITIONAL HEARING PROCESS.
COMMISSIONER SIEBERT ASKED HOW THE TRANSMISSION LINE WOULD
AFFECT MRS. HOOKERS DRAINAGE, AND MR. EDSALL STATED THAT IT IS LIKE
A RICE PADDY, AND HER PROBLEM IS THE ACCESS ROADS. HE NOTED THAT
THE CITRUS MEN CAN T TOLERATE INVASION OF THEIR AIR SPACE.
ROADS.
MR. FAIR POINTED OUT THAT FP&L WOULD CULVERT ALL THE ACCESS
ATTORNEY O'HAIRE COMMENTED THAT IN PROTECTING MRS. HOOKER'S
PRIVATELY OWNED DITCHES, THE PROPOSED MODIFICATION ADVERSELY AFFECTS
PUBLIC DITCHES AND THE DRAINAGE IN THE WHOLE COUNTY.
COMMISSIONER LOY FELT WE SHOULD CONTACT ST. LUCIE COUNTY AND
ASK THEM TO CONSIDER WHAT WILL HAVE THE LEAST AFFECT ON THE LEAST
NUMBER OF PEOPLE,
CHAIRMAN WODTKE FELT THERE IS SOME ROOM FOR COMPROMISE WEST
OF THE TOWER, AND DISCUSSION FOLLOWED IN REGARD TO POSSIBLE VARIATIONS.
COMMISSIONER LYONS SUGGESTED THAT THE BOARD TAKE THE STAND
THAT WE KNOW THIS LINE MUST BE JOINED, BUT OUR VIEWPOINT AT THE
MOMENT IS THAT WE WILL NOT MODIFY_OUR DEVELOPMENT ORDER; IF, HOWEVER,
ST. LUCIE COUNTY WANTS TO CHANGE ITS ROUTING AND BRING THE LINE
ACROSS THE TURNPIKE WEST OF THE DRAINAGE DISTRICT AND THE CANAL, WE
WOULD BE AMENABLE TO MODIFYING OUR ORDER TO SHOW THE LINE GOING DOWN
THE TURNPIKE RIGHT-OF-WAY TO OUR OLD POINT OF JOINING. HE ASKED IF
WE WOULD HAVE TO HAVE ANOTHER HEARING IN ORDER TO MAKE THIS CHANGE.
OCT 2 4 1979
35 qac a 781
OCT 2 41979 BOo� 41 mil 782
ATTORNEY COLLINS COMMENTED THAT WE ARE BASICALLY TALKING
ABOUT ALTERNATE N0. 5. HE FELT THE PRESENT HEARING SHOULD BE CON-
TINUED AND THE BOARD SHOULD GIVE WHATEVER DIRECTIONS THEY WISHED.
COMMISSIONER SIEBERT STATED THAT HE WAS VERY MUCH OPPOSED TO
ALTERNATE No. 5 BECAUSE WE WOULD HAVE TO HAVE SOME AGREEMENT THAT
BOTH COUNTIES WOULD LIVE WITH WHATEVER RECOMMENDATIONS_THE PLANNING
COUNCIL CAME UP WITH; AND A MAJORITY OF THE PLANNING COUNCIL IS
MADE.UP OF MEMBERS OF MARTIN AND ST. LUCIE COUNTY. HE STATED THAT
HE WOULD RATHER SEE US DO NOTHING AND ASK ST. LUCIE TO RECONSIDER
AND SEE WHAT THEY COME UP WITH.
-COMMISSIONER LYONS FELT THAT IS VERY MUCH WHAT HE IS SAYING, -
THAT WE SHOULD STATE WE ARE NOT GOING TO CHANGE OUR DEVELOPMENT ORDER,
BUT IF ST. LUCIE WERE TO INDICATE A CROSSING WEST OF THE DRAINAGE
DISTRICT AND THE TOWER, WE CERTAINLY WOULD BE WILLING TO RECONSIDER.
COMMISSIONER LOY AGREED THAT WE NEED TO GIVE ST. LUCIE COUNTY
SOME IDEA OF OUR THOUGHTS ON THIS MATTER,
COMMISSIONER SIEBERT ASKED HOW FP&L FELT ABOUT THIS, AND
IF THEY WISHED US TO ACT ON THEIR REQUEST OR WISHED TO WITHDRAW IT.
MR. FAIR STATED THAT IF THE BOARD SHOULD DENY -THEIR REQUEST,
HE WAS NOT SURE THEY COULD COME BACK TO THE BOARD. HE FELT THAT
THE IDEA OF COMMUNICATING WITH ST. LUCIE COUNTY WOULD BE VERY EFFECTIVE.
ATTORNEY COLLINS WAS OF THE OPINION THAT IF FP&L DID NOT WISH
TO WITHDRAW THEIR REQUEST, THE BOARD SHOULD CONTINUE THE HEARING
RATHER THAN TAKE A DEFINITE ACTION.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY CONTINUED THE HEARING ON FP&L'S REQUEST
FOR MODIFICATION OF THEIR DEVELOPMENT ORDER TO THE REGULAR MEETING
OF DECEMBER 5, 1979.
IN FURTHER DISCUSSION, THE BOARD AGREED THAT THE CHAIRMAN
SHOULD WRITE A LETTER TO ST., LUCIE COUNTY INDICATING OUR POSITION
AND ENCLOSING A COPY OF THE MINUTES OF THIS DISCUSSION.
DALE PATCHETT, STATE REPRESENTATIVE, INFORMED THE BOARD THAT
A BILL IS BEING CONSIDERED IN TALLAHASSEE TO PROVIDE THAT THESE
PROCEEDINGS IN THE FUTURE WOULD BE DONE BEFORE THE PUBLIC SERVICE
COMMISSION.
SENIOR PLANNER DAVID MARSH CAME BEFORE THE BOARD TO DIS-
CUSS THE GRANT APPLICATION FOR THE DEVELOPMENT OF WABASSO BEACH PARK
AND STATED THAT HE HAS NOW DETERMINED THAT THE COUNTY IS ELIGIBLE FOR
UP TO $60,000 IN GRANT FUNDS. INDIAN RIVER COUNTY RECEIVED $40,000
FOR ACQUISITION OF THE PARK SOME YEARS AGO, BUT THE OVERALL DEVELOP-
MENT FUND ALLOWS UP TO $100,000 FOR ACQUISITION AND DEVELOPMENT OF
RECREATIONAL FACILITIES; WE, THEREFORE, ARE ELIGIBLE FOR AN ADDITIONAL
$60,000. MR. MARSH FELT WE ARE LOOKING IN THE NEIGHBORHOOD OF $75,000-
$$0,000 TOTAL COST. HE NOTED THAT HIS REASON FOR COMING BEFORE THE
BOARD TODAY IS TO GET AUTHORIZATION TO SEND IN A PREAPPLICATION FOR
FUNDS AND TO DETERMINE THE EXTENT OF FUNDING THE COUNTY WISHES TO
PARTICIPATE IN FOR THIS PROGRAM. HE NOTED THAT THERE PREVIOUSLY WAS
$25,000 ALLOCATED, AND IF THE COUNTY COULD COME UP WITH $32,500 OR
$35,000 MATCHING FUNDS, THEN WE CAN COME UP WITH A $60,000 TO $70,00
GRANT. MR. MARSH WENT ON TO REVIEW HIS PROPOSED PLANS, WHICH INCLUDE
THREE DUNE CROSS -OVERS, A RENOVATED OR NEW LIFEGUARD TOWER, A RELIEF
STATION AND STORAGE FACILITY, A MULTI-PURPOSE WOOD PLAYGROUND UNIT,
AND SOME WOOD CHIP WALKWAYS. HE NOTED THAT THE $70,000 DOES NOT
INCLUDE MONEY FOR FILL FOR RESTABILIZATION OF THE BLUFF LINE. MR.
MARSH INFORMED THE BOARD THAT THE HURRICANE TOOK ABOUT 4 OR 5 FEET
OF THE BEACH AWAY, AND RESTABILIZATION OF THE BLUFF LINE AND VEGETA-
TION ISA PRIORITY ITEM. HE POINTED OUT THAT TO THE NORTH AND SOUTH
OF THE PARK WHERE THE DUNES HAD VEGETATION, THERE WAS VERY LITTLE
DAMAGE.
COMMISSIONER LOY ASKED IF THE $60,000 WE STILL ARE ELIGIBLE
FOR IS ALL WE EVER ARE ELIGIBLE FOR AND WHETHER WE WOULD BE CUTTING
OFF FUNDS FOR OTHER COUNTY PROJECTS UNDER THIS PROGRAM.
MR. MARSHAL DID NOT KNOW IF THIS IS LIMITED TO ONE PROJECT,
BUT DID_NOT BELIEVE SO.
CHAIRMAN WODTKE COMMENTED THAT.THE FUNDS FOR THIS PROGRAM
ARE ELIGIBLE ON A 50% MATCH BASIS, LESS $10,000; IN OTHER WORDS, TO
- GET $40,000, YOU WOULD HAVE TO PUT UP $30,000.
37G PAGE 783
OCT 2 41979
L
OCT 2 41979 41 FAUE
MR. MARSH NOTED THAT THE ORIGINAL $60,000 DID NOT INCLUDE
THE NORTHERN SECTION OF BOARDWALK, AND PLANNING DIRECTOR REVER EX-
PLAINED THAT WHAT THEY NOW ARE ESTIMATING AS THE DEVELOPMENT COST
OF THE PARK, EXCLUDING RENOURISHMENT, WOULD BE $75,000.
MR. MARSH FELT WE COULD CONCEIVABLY USE SUGAR SAND OUT OF
HOBART PARK AND TRANSPORT IT. HE INFORMED THE BOARD THAT THEY ALREADY
HAVE PUT IN AN APPLICATION FOR THREE DIFFERENT TYPES OF SEEDLINGS
FOR DUNE VEGETATION, WHICH WE HOPEFULLY WILL RECEIVE FREE OF CHARGE,
AND NOTED THAT WE COULD HAVE A TEMPORARY STRUCTURE OVER THE DUNES.
COMMISSIONER SOY FELT WE MUST DO SOMETHING QUICKLY.
ASSISTANT ADMINISTRATOR NELSON REPORTED THAT WE HAVE RE -
NOURISHED THIS'BEACH ON A NUMBER OF OCCASIONS, BUT HAVE NOT PLANTED
ANY VEGETATION THERE.
MR. MARSH COMMENTED THAT WE CAN GET SOME LOCAL VOLUNTEERS
TO HELP PLANT SEEDLINGS, AND PLANNING DIRECTOR REVER SUGGESTED THAT
A SNOWDRIFT SLAT -TYPE FENCE COULD BE BURIED IN THE DUNE TO HELP
STABILIZE WHILE YOU ARE REPLANTING.
IN FURTHER DISCUSSION, IT WAS NOTED THAT TIMING IS A
PROBLEM AS A NORTHEASTER COULD TAKE ALL THE SAND OUT, AND MR. MARSH
DOUBTED THAT THE SEEDLINGS WOULD BE RECEIVED UNTIL SPRING. HE FELT
A TEMPORARY CROSSWALK SHOULD BE INSTALLED.
COMMISSIONER SIEBERT STATED THAT HE WAS WILLING TO SPEND
$32,500 IF WE CAN ACCOMPLISH ALL THIS.
WILLIAM KOOLAGE, INTERESTED CITIZEN, NOTED THAT THERE IS
A BAD ELEMENT UP THERE AND FEARED ANY IMPROVEMENTS WOULD BE VANDAL-
IZED AND DISAPPEAR.
COMMISSIONER SOY STATED THAT WE HAVE TWO ELEMENTS UP
THERE AND THE ONE WILL PARTICIPATE AND HELP PROTECT ANY IMPROVEMENTS.
MR. MARSH WAS OF THE OPINION WE EITHER WILL HAVE TO GO
FOR A VANDALPROOF TYPE OF BUILDING OR FENCE IT.
ON MOTION BY COMMISSIONER SOY, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE PLANNING DEPARTMENT
TO FILE AN APPLICATION FOR GRANT FUNDS FOR THE WABASSO BEACH DEVELOP-
MENT PROJECT AND AUTHORIZED THE CHAIRMAN'S SIGNATURE.
38 s r
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO
MAKE IMMEDIATE PLANS FOR A TEMPORARY CROSS-OVER STRUCTURE AT WABASSO
BEACH PARK TO ENABLE PEOPLE TO GET TO THE BEACH WITHOUT DESTROYING
THE DUNES,
ATTORNEY COLLINS INFORMED THE BOARD THAT THERE HAS BEEN
A PROBLEM WITH ZONING VIOLATIONS - PEOPLE ARE LEAVING BIG TRUCKS,
TRAILERS, BOATS, OLD CARS, ETC., ON THEIR PROPERTIES IN RESIDENTIAL
NEIGHBORHOODS, WHICH CONSTITUTE A NUISANCE, AND SURROUNDING PROPERTY
OWNERS HAVE OBJECTED, HE FELT IT IS APPROPRIATE TO FILE FOR INJUNC-
TIVE RELIEF AGAINST_THE OFFENDERS,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO PROCEED AND
FILE FOR INJUNCTIVE RELIEF AGAINST STANLEY ZUKOWSKI AND RICHARD
LAMBERTH, WHO ARE IN VIOLATION OF THE ZONING ORDINANCE,
ATTORNEY COLLINS NOTED THAT FELLSMERE WATER CONTROL DISTRICT
HAS FILED A REPORT WITH THE CLERK AS PER A NEW STATUTORY REQUIREMENT
AND THE BOARD SHOULD OFFICIALLY ACCEPT SAME,
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
SEIBERT, THE BOARD UNANIMOUSLY ACCEPTED THE REPORT SUBMITTED BY
FELLSMERE WATER CONTROL DISTRICT, WHICH IS ON FILE IN THE OFFICE OF
THE CLERK,
IT WAS FELT ALL SUCH REPORTS SHOULD BE FORMALLY ACCEPTED.
AND FINANCE OFFICER BARTIN WILL GATHER THEM TOGETHER AND PUT THEM
ON THE NEXT AGENDA.
THE BOARD THEREUPON RECESSED AT 12:00 NOON FOR LUNCH AND
RECONVENED AT 1:30 0`CLOCK.P,M; WITH THE SAME MEMBERS PRESENT.
ASSISTANT ADMINISTRATOR NELSON REVIEWED THE PROPOSED
AMENDMENT TO THE LEASE WITH THE DOT IN REGARD TO MINING AT THE.
FELLSMERE GRADE, MR. NELSON STATED THAT HE WAS NOT SURE HE WANTED
TO DO ANY MINING OPERATIONS THAT CLOSE TO THE ROAD AND WOULD PREFER
OCT 2 41979 B0°K 41 ��� 105
OCT 2 4 1979
BOOK 41 mur- 786
TO GET THE MATERIAL OFF THE ROAD AND -STORE IT IN THAT AREA, BUT
IF IT IS GOOD MATERIAL AND THE DOT WOULD LET US MINE IT, IT WOULD
BE A CONTINGENCY, AND HE WOULD RECOMMEND WE APPROVE THE PROPOSED
AMENDMENT,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION NO. 79-105
APPROVING THE AMENDMENT TO THE LEASE WITH THE DOT DATED MAY 24,
1978, ALLOWING MINING AT THE FELLSMERE GRADE,
40
RESOLUTION NO. 79-105
WHEREAS, Indian River County entered into a Lease
Agreement with the Department of Transportation on May 24,
1978, a copy of that Lease attached hereto and made a part
of this Resolution; and
WHEREAS, Indian River County desires to amend the
Lease to allow for the taking of road building materials from
the subject land;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That that Lease
dated the 24th day of May, 1978 between Indian River County and
the State of Florida Department of Transportation, is hereby
authorized to be amended by the addition of a Paragraph 7,
which Paragraph will provide for the mining from the subject
property of any road building materials found thereon; and
BE IT FURTHER RESOLVED that the Chairman and other
appropriate County Officials are authorized- to sign the amended
Lease and enter into an amendment agreement with the Department
of Transportation.
This Resolution shall become effective as of the 24th
day of October , 1979.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
r
R/ ,
William C. Wodtke, Jr._, Chairman
Attest:
Freda Wright, C erk
- aooK �. PAGE787
OCT 2 4 X979 .
OCT 2 41919
BOOK 41 PAGE 789
AMENDMENT AGREEMENT
THIS AMENDMENT OF LEASE -AGREEMENT, Made the day
of , 1979, by and between STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, hereinafter called "Lessor" and
INDIAN RIVER COUNTY, FLORIDA, hereinafter called "Lessee";
For and in consideration of mutual promises the parties
agree as follows:
1. That Lease Agreement dated the 24th day of May, 1978
entered -into between the parties is hereby amended by the
addition of a new Paragraph entitled Paragraph 7, which Paragraph
shall read as follows:
117. Lessee shall have the right to mine from the
subject property and haul from the site for use by
Lessee, any road building materials located on or
under the premises. The mining by Lessee shall
be in conformance with standards that may presently
exist or be promulgated by Lessor."
IN WITNESS WHEREOF, the parties have caused these presents
to be executed, the day and year first above written.
STATE OF FLORIDA DEPARTMENT OF
TRANSPORTATION
LIZA
Attest:
INDIAN RIVER COUNTY, FLORIDA
r//11
By
William C Wodtke, Jr ,'Chairman
Board of County Comm' sioners
Attest:
_V_
Freda Wright, Cler
SENIOR PLANNER DAVID MARSH NEXT DISCUSSED THE PROPOSED
ADMINISTRATIVE GUIDELINES FOR ABANDONMENTS AND EASEMENT RELEASES,
WHICH WERE PREPARED IN RESPONSE TO A REQUEST BY THE COMMISSION TO
DEVELOP SOME POLICIES AND PROCEDURES FOR SUCH RELEASES. HE STATED
THAT THESE GUIDELINES WERE WORKED OUT IN CONJUNCTION WITH THE ATTORNEY.-
THE
TTORNEY,THE FINANCE DEPARTMENT, AND THE BOARD'S SECRETARY.
DISCUSSION FOLLOWED ON THE FACT THAT THERE ARE TWO DIFFER-
ENT CLASSIFICATIONS AND THAT AN ABANDONMENT REQUIRES ADVERTISING
AND A PUBLIC HEARING WHILE A RELEASE OF EASEMENT DOES NOT. THE
PROPOSED FEE STRUCTURE, HOWEVER, SETS OUT A UNIFORM FEE OF $100,
WHICH COVERS THE COST OF ADVERTISEMENTS.
CHAIRMAN WODTKE POINTED OUT THAT WHEN WE ABANDON A ROAD.-
SOMEONE
OAD,
SOMEONE ACTUALLY RECEIVES MORE LAND, BUT. WITH A RELEASE OF EASEMENT,
THE APPLICANT IS PAYING $100 FOR A FAIRLY SIMPLE CHORE. HE SUG-
GESTED SETTING A FEE TO COVER JUST THE ADMINISTRATIVE WORK AND
LETTING THE APPLICANT PAY FOR THE ADVERTISEMENTS NECESSARY,
MR. MARSH COMMENTED THAT THEY HAD DECIDED TO GO FOR A
UNIFORM FEE BECAUSE EVEN THOUGH IT IS SOMEWHAT HIGHER THAN NECES-
SARY FOR RELEASE OF EASEMENTS, IT COMPENSATES FOR THE COST OF
ABANDONMENT OF ROADS AND ALSO THIS FEE WOULD TEND TO DISCOURAGE
PEOPLE FROM MAKING A REQUEST FOR A RELEASE OF EASEMENT UNLESS IT
IS REALLY NECESSARY.
COMMISSIONER LYONS DID NOT FEEL THE PERSON WHO GETS AN
EASEMENT RELEASED SHOULD SUPPORT THE ONE WHO GETS THE ABANDONMENT,
AND CHAIRMAN WODTKE SUGGESTED CHANGING THE WORDING SETTING OUT WHAT
THE $100 FEE WILL COVER.
MR. MARSH NOTED THAT THERE HAVE BEEN INSTANCES OF A
DEVELOPER COMING IN AND REQUESTING A RELEASE OF FOUR OR FIVE EASE-
MENTS. HE FELT THE $100 WOULD COVER TWO RELEASES OR FOUR SIDE LOT
LINES AND ANYTHING OVER THAT SHOULD BE AN ADDITIONAL CHARGE.
COMMISSIONER SIEBERT DISCUSSED THE FOLLOWING PARAGRAPH
OF MR. MARSHES' COVER LETTER:
43 BooK
OCT 2 41979 1 FA.'F 7
OCT 2 41979
BQQK 41 FAGE790
It should also be noted that within the Departmental Review
process, that provisions can be made to insure that proposed abandon-
ments, etc., are considered with respect to the possibility of selling
these rights-of-way or easements when the added value to the
petitioner's property is substantial. Where two or more parties could
benefit, the property might be auctioned. In either case the County
staff, such as this Department, the Administrator's office and/or
others, could review and make recommendations in this regard.
HE WAS OF THE OPINION THAT IF WE ARE GOING TO FOLLOW OUR OLD PRO-
CEDURES AND NOT SELL, ETC., THERE IS A LOT OF WORK INVOLVED, AND
THE $100 CHARGE IS NOT TOO MUCH AND SHOULD BE STANDARDIZED FOR
EVERYONE.
ATTORNEY COLLINS STATED THAT THE ONLY THING THAT CAN BE
SOLD IS -AN EASEMENT SINCE IN AN ABANDONMENT THE PROPERTY REVERTS TO
THE OWNER ON EACH SIDE AS A MATTER OF LAW AND WOULD NOT BE A SALABLE
VALUE. THE ATTORNEY FURTHER NOTED THAT IF YOU DO SELL -ANY PROPERTY,
YOU HAVE TO ADVERTISE, ETC., AND HE FELT THE COMMISSION SHOULD JUST
REVIEW WHAT HAS TO BE DONE BY THE VARIOUS ADMINISTRATIVE PERSONNEL
AND SEE IF THE FEE IS REASONABLE IN RELATION TO THE WORK THEY HAVE
TO DO.
SENIOR PLANNER MARSH SUGGESTED THAT ON ABANDONMENTS, $100
BE CHARGED PLUS PUBLICATION COSTS.
FURTHER DISCUSSION ENSUED ON HOW ABANDONMENTS HISTORICALLY
HAVE BEEN HANDLED AND THE VARIOUS PROCEDURES REQUIRED.
ATTORNEY COLLINS RECOMMENDED THAT THERE BE TWO FEE LEVELS.-
AND
EVELS,
AND DISCUSSION CONTINUED AS TO WHETHER TO HAVE A $100 FEE AND MAKE
THE APPLICANT RESPONSIBLE FOR THE NECESSARY ADVERTISEMENTS OR
WHETHER TO MAKE IT $75.00 FOR EASEMENTS AND $100 FOR ABANDONMENTS
PLUS ADVERTISING.
COMMISSIONER SIEBERT ASKED WHETHER THE PETITIONER IS
REQUIRED TO PAY FOR MAILINGS TO ABUTTING PROPERTY OWNERS.
MR. MARSH STATED THAT WOULD BE INCLUDED IN THE $100 FEE.-
AND
EE,
AND THE PLANNING DEPARTMENT WOULD FORWARD NOTICES TO THE ABUTTING
OWNERS.
44
IN FURTHER DISCUSSION, THE BOARD GENERALLY AGREED THAT
THE PETITIONER SHOULD PAY FOR ANY ADVERTISING AND FURTHER AGREED
ON A $75.00 CHARGE FOR EASEMENTS AND $100 FOR ABANDONMENTS, PLUS
ADVERTISING.
MR. MARSH ASKED THE BOARDS FEELING ABOUT TACKING ON AN
ADDITIONAL FEE IN THE MULTIPLE EASEMENT SITUATION. HE NOTED THAT
IT WOULD NOT BE MUCH MORE WORK IF YOU HAVE FOUR TOTAL SIDE LOT LINE
EASEMENTS AS OPPOSED TO TWO, BUT YOU MIGHT WANT TO TACK ON AN ADDI-
TIONAL $25.00 FOR EACH ADDITIONAL EASEMENT IN THE SAME SUBDIVISION.
UPON FURTHER REVIEW, THE BOARD GENERALLY AGREED THAT
$75.00 SHOULD BE CHARGED FOR RELEASE OF EASEMENT ON CONTIGUOUS LOTS,
BUT IF YOU JUMP BLOCKS AND GO TO ADDITIONAL EASEMENTS, AN ADDITIONAL
$25.00 SHOULD BE ADDED FOR EACH. IF THE ADDITIONAL EASEMENTS ARE
IN ANOTHER SUBDIVISION, IT WILL REQUIRE STARTING ALL OVER WITH
ANOTHER FEE.
CHAIRMAN WODTKE ASKED ABOUT A JOINT APPLICATION, AND IT
WAS FELT ONE FEE WOULD APPLY.
MR. MARSH CONTINUED TO DISCUSS PROCEDURES AND ASKED IF
THE BOARD JUST WISHED TO RECEIVE ALL THE PERTINENT INFORMATION IN
THEIR AGENDA PACKETS.
COMMISSIONER SIEBERT FELT IT WILL GIVE ADEQUATE LEAD TIME.
MR. MARSH STATED THAT HE WILL COORDINATE WITH THE ATTORNEY
ON THE DEVELOPMENT OF THE ADS AND EXPLAINED THAT HE INTENDS TO DE-
VELOP A PROCEDURE IN EACH PROCESS WHERE THEY WILL GO TO THE TAX MAPS
AND LOOK AT THE OVERALL AREA SINCE HE FELT WE SHOULD HOLD AT LEAST
ONE EASEMENT IN THE MIDDLE OF THE BLOCK. HE CONTINUED THAT THEY WILL
MARK ON THEIR FILES THAT WE ANTICIPATE CERTAIN SIDE LOT LINE EASE-
MENTS SHOULD BE THE ONES THAT WILL BE RETAINED FOR FUTURE UTILITIES.
CHAIRMAN WODTKE COMMENTED THAT SOMETIMES EASEMENTS ARE
DONATED TO REPLACE ONE THAT IS RELEASED, AND THIS ALSO SHOULD BE
INDICATED ON A MAP.
_ ASSISTANT ADMINISTRATOR NELSON AGREED THAT WE NEED TO
CREATE A MASTER MAP WHICH WILL INDICATE THE STATUS OF ALL EASEMENTS.
IT WAS FELT THE PLANNING DEPARTMENT AND THE ADMINISTRATOR'S STAFF
COULD WORK ON THIS COOPERATIVELY.
45 BOOK 41 FA-br- / 9
OCT 2 41979
OCT 2 41979
BOOK 1 Mr 1 ry
2
CHAIRMAN WODTKE NOTED THAT IN THE PAST WE HAVE HAD THE
APPLICANT BEAR THE COST OF PREPARING -THE NECESSARY DOCUMENTS.
ATTORNEY COLLINS FELT A FORM CAN BE PREPARED AND THEN HE
CAN CHECK IT WHEN IT IS COMPLETED.
COMMISSIONER.SIEBERT DISCUSSED THE LENGTH OF THE PROCESS
AND ASKED IF IT IS NECESSARY TO HAVE THE INFORMATION 25 DAYS BEFORE
IT CAN BE PUT ON THE -AGENDA.
MR. MARSH NOTED THAT ALL THE DIFFERENT REVIEWING AGENCIES,
SOUTHERN BELL, ETC,, NEED AT LEAST TWO WEEKS. HE FURTHER NOTED THAT
THE 25 DAYS IS THE TIME FROM THE DATE THE PLANNING DEPARTMENT RECEIVES --
THE PETITION, PUTS ITS THROUGH THE REVIEW AGENCIES, MAKES COMMENTS,
AND.GETS IT TO. THE ADMINISTRATOR.
COMMISSIONER SIEBERT FELT WE SHOULD ESTABLISH HOW LONG
AFTER THAT IT GETS ON THE AGENDA.
THE ASSISTANT ADMINISTRATOR WAS OF THE OPINION THAT.ONCE
THE ADMINISTRATOR IS IN RECEIPT OF THIS MATERIAL, IT SHOULD BE PUT
ON THE AGENDA FOR THE NEXT MEETING IF ALL CONDITIONS ARE MET.
CHAIRMAN WODTKE ASKED WHETHER AN ABANDONMENT WILL BE AD-
VERTISED FOR HEARING BEFORE IT COMES TO THE BOARD OR WHETHER IT WILL
BE UP TO THE BOARD TO DECIDE IF THEY WANT TO ADVERTISE.
ATTORNEY COLLINS FELT IT IS UP TO THE BOARD TO SET A POLICY.
COMMISSIONER SIEBERT WAS OF THE OPINION THAT THE ADMINISTRA-
TOR SHOULD BE AUTHORIZED TO SAY WHEN IT IS READY FOR ADVERTISEMENT
AND THAT WE WOULD WASTE TIME GOING THROUGH THESE MATTERS TWICE SINCE
WE ALMOST ALWAYS GIVE PEOPLE A PUBLIC HEARING IN ANY EVENT.
CHAIRMAN WODTKE ASKED IF THERE IS AN OPPORTUNITY FOR THE
APPLICANT TO BE HEARD BY THE BOARD IF THE RECOMMENDATION IS AGAINST
ABANDONMENT, AND MR. NELSON STATED THAT THEY CAN RECOMMEND AGAINST
ABANDONMENT AND STILL GO TO A PUBLIC HEARING. HE DID NOT FEEL THAT
THE ADMINISTRATOR SHOULD HAVE THE RIGHT TO DENY A PUBLIC HEARING.
COMMISSIONER LOY ASKED IF THE ADMINISTRATOR DOESN'T HAVE
THE AUTHORITY RIGHT NOW TO SET UP PUBLIC HEARINGS, AND ATTORNEY
COLLINS STATED THAT IN THE PAST IT HAS BEEN BROUGHT TO THE BOARD
FIRST, BUT HE WOULD FEEL IF EVERYTHING IS REVIEWED AS PROPOSED, THE
ADMINISTRATOR COULD AUTHORIZE ADVERTISEMENTS AND JUST BRING THE
MATTER BEFORE THE BOARD THE ONE TIME.
TIME.
IT WAS GENERALLY AGREED THAT WOULD SAVE EVERYONE A LOT OF
CHAIRMAN WODTKE INSTRUCTED MR. MARSH TO WORK OUT THE PROPER
WORDING FOR THE GUIDELINES AS DISCUSSED AND PRESENT THIS AT THE NEXT
MEETING.
ENGINEER JAMES BEINDORF CAME BEFORE THE BOARD IN REFERENCE
TO AWARDING THE CONTRACT FOR PHASE II OF THE GIFFORD AREA SEWER
SYSTEM. HE INFORMED THE BOARD THAT THERE HAS BEEN AN OBJECTION FILED,
AND AWARDING OF THE BID WILL HAVE TO BE POSTPONED UNTIL WE CAN GET
MORE DETAILS. HE CONTINUED THAT THEY HAVE CONTACTED THE CONTRACTOR
WHO WAS LOW BIDDER, AND HE WILL WRITE A LETTER TO THE COMMISSION
INDICATING THAT HE WILL HOLD HIS BID UNTIL WE CAN WORK OUT THE PROB-
LEM WITH THE DER. MR. BEINDORF ASSUMED THE DER WILL WRITE THE
BOARD AFTER THEIR ADMINISTRATIVE HEARING AND STATED THAT HE WILL NOT
HAVE ANY DETAILS ON THIS UNTIL A LATER DATE.
MR. BEINDORF NEXT PRESENTED AN UPDATE ON THE SOUTH COUNTY
WATER TAXING DISTRICT. HE ASKED JOHN ROBBINS TO -GIVE THE BOARD THE
GENERAL SEQUENCE OF EVENTS AND TIME ELEMENTS, NOTING THAT THEY MUST
DOVETAIL MEETINGS WITH THE REGULATORY AGENCIES.
,JOHN ROBBINS PROCEEDED TO REVIEW THE VARIOUS STEPS TO BE
GONE THROUGH IN THE NEXT IS MONTHS OR TWO YEARS. HE STATED THAT A
MEETING BETWEEN THE COUNTY AND FMHA TO DISCUSS SUPPLEMENTAL FUNDING
ALTERNATIVES COULD TAKE PLACE THE FIRST WEEK IN NOVEMBER. SECOND
WOULD BE A LETTER OF CONDITION FROM FMHA, AND HE ANTICIPATED THAT
WOULD TAKE AROUND TWO MONTHS AFTER MEETING WITH THEM. ONCE THE TERMS
OF FUNDING HAVE BEEN DECIDED UPON, THE ENGINEERS WOULD BE IN A POSI-
TION TO BEGIN THE DESIGN OF THE -DISTRIBUTION SYSTEM. HE NOTED IT
WILL BE NECESSARY TO HAVE SOME MEETINGS WITH CONSULTANTS AND REGULA-
TORY AGENCIES: THEY ALREADY HAVE MET WITH ST. JOHNS WATER MANAGEMENT
DISTRICT TO DISCUSS THEIR REQUIREMENTS AND FEEL THEY ARE GOING TO BE
VERY COOPERATIVE. MR, ROBBINS CONTINUED THAT THEY ARE SCHEDULED TO
-MEET WITH THE DER AND BILL BOSTWICK. AFTER THAT, THEY CAN REVIEW
THE PROPOSAL SUBMITTED BY THE HYDROLOGISTS, AND ONCE THE TEST WELL
PROGRAM IS OUTLINED AND APPROVED, THEY WILL BE IN A POSITION TO
SUBMIT A PERMIT APPLICATION FOR THE FIRST TEST WELL. MR. BOBBINS
OCT 2 41979 47 BOOK 4 PAGE 793
OCT 2 41979 BOOK 41 N�GUE 7
ESTIMATED THE TEST -WELL PROGRAM COULD BE INITIATED ABOUT THE 1ST
OF DECEMBER, AND THIS PROGRAM WOULD RUN FOR ABOUT FOUR AND A HALF
MONTHS, OR TO MAY OF 1980. MR. ROBBINS ANTICIPATED THAT THE DESIGN
OF THE DISTRIBUTION SYSTEM, WELLFIELD, ETC., WOULD TAKE ABOUT 12
MONTHS SO IF THEY BEGAN IN JANUARY OF 1980, HE WOULD HOPE TO WRAP
IT UP ABOUT DECEMBER, 1980, HE REITERATED THAT THIS IS JUST ESTI-
MATED TIME, AND IT COULD BE NINE MONTHS OR COULD BE 12 MONTHS. AS
SOON AS THE DESIGN IS COMPLETED, THEY CAN GO OUT FOR BIDS.
COMMISSIONER LYONS ASKED IF THEY HAVE TO COMPLETE THE
DESIGN OR WHETHER PART OF THE DESIGN WORK COULDN'T BE GOING ON
WHILE YOU ARE ACTUALLY UNDER CONSTRUCTION.
MR. ROBBINS FELT IT WILL BE POSSIBLE TO BID THE WELL WORK,
THE DISTRIBUTION PLANT, AND THE DISTRIBUTION -FACILITIES SEPARATELY,
AND MR. BEINDORF STATED THAT THE LAST THING TO BE DONE WOULD BE THE
TREATMENT FACILITIES.
COMMISSIONER SIEBERT ASKED AT WHAT POINT DO THEY HAVE TO
SETTLE ON WHERE THE LINES WILL BE LOCATED AND WHAT CUSTOMERS WILL
BE SERVED.
MR. BEINDORF BELIEVED THAT IS PRETTY WELL SET NOW AND IS
IN THE FIRST PHASE OF THE REPORT, UNLESS THE BOARD WAS THINKING OF
GOING INTO OTHER AREAS,
COMMISSIONER SIEBERT ASKED AT WHAT POINT IN TIME A METHOD
OF REPAYMENT WILL BE DECIDED UPON.
MR. ROBBINS NOTED THAT THIS SHOULD BE WORKED OUT WHEN THE
BOARD MEETS WITH FMHA: HE DID NOT THINK THEY WILL ISSUE A LETTER OF
CONDITIONS WITHOUT THAT. IN FURTHER DISCUSSION, IT WAS NOTED THAT
THE BOARD HAS COMMITTED ITSELF TO A GROUP OF ALTERNATIVES AND MUST
MAKE SOME SPECIFIC DECISIONS.
MR. BEINDORF EMPHASIZED THAT IT IS IMPORTANT TO.GET WITH
FMHA AS QUICKLY AS POSSIBLE.
COMMISSIONER SIEBERT QUESTIONED WHETHER WE CAN ASSESS AN
IMPACT FEE, AND ATTORNEY COLLINS FELT THE BOARD DOES HAVE THIS RIGHT.-
BUT
IGHT.
BUT THERE ARE CERTAIN REQUIREMENTS.
� � s
COMMISSIONER SIEBERT ASKED IF PHASE I INCLUDES ANY AREAS
ON WHICH WE ARE IN NEGOTIATION WITH THE CITY OF VERO BEACH AS HE
FELT THIS MIGHT GET QUITE COMPLICATED.
ENGINEER BEINDORF STATED THAT PHASEI GENERALLY SPEAKING
IS THE MID FLORIDA AREA AND SOUTH. IT DOES INCLUDE 6TH AVENUE.
NORA PARK IS IN PHASE II.
ATTORNEY COLLINS THEN DISCUSSED WITH THE BOARD HIS SUMMARY
OF THE MEETING WITH CITY OF VERO BEACH REPRESENTATIVES RE WATER AND
SEWER SERVICES, WHICH SUMMARY IS AS FOLLOWS:
49
OCT 241979
Wax ' -rui'
Ir
OCT 2 41979 Boa 41 PAuF 796 ,.
October 23, 1979
MEMORANDU:i
TO: BOARD OF COUNTY COMMISSIOr;ERS
FROM: GEORGE G. COLLINS, JR., County Attorney
Pat Lyons and I are going to try and put into written
form a summary of the meeting held between Pat and Doug Scurlock
on Monday, October 15 and Pat, Jim Beindorf, myself and, periodi-
cally, Commissioner Siebert when Commissioner Lyons was not
available, along with City Representatives, Doug Scurlock,
John Little and Tom Palmer held Tuesday, October 16.
As you recall the meetings were held pursuant to a
letter written by Mayor Smith of the City of Vero Beach, in-
dicating that a joint workshop over water and sewer would be
in order. It was our intent to try to get a preliminary
understanding of Councilman Scurlock's position as one
representative of the City Council prior to setting up a
joint City Council -County Commission workshop. Reference to
the City is really only Doug Scurlock's view and may not
represent the position of all or of a majority of the City
Council.
The following summarizes the two meetings:
1. The City is agreeable to serving water and sewer
services to the existing municipal limits of the
City of Vero Beach, plus the squared off areas where
the City has previously accepted service, plus the
Town of Indian River Shores to the North line as
presently constituted, plus the unincorporated portion
of Indian River County on the South Beach from the
South City lines to the South County lines. The City,
in addition, will continue to serve the Hospital until
such time as the County has the ability to serve the
Hospital with both water and sewer, at which time the
City is agreeable to transferring the Hospital over
to the County. This transfer subject to Hospital
approval. In addition, the City will agree to continue
to service the Gifford area within the boundaries of
the Taxing District as we have it presently constituted
for a period of time on a wholesale basis until the
County can serve that area. My guess is that the
time frame would be 5 to 10 years.
2. The City has established, to its satisfaction, a
greater water supply than previously determined. The
City has been reluctant to drill additional wells in
the unincorporated portion of the County. Because
there appears to be sufficient water supply, the City
is therefore willing to supply an expanded service on
the South Beach. As you know, the City presently
serves the Town of Indian River Shores but the boundary
was that boundary back in 1968 on the North limits and
I believe the City is willing to serve the Town as
the boundaries currently exist, which would be an
expansion of their service area to the Town. The City
has expressed greater concern on their ability to
supply sewer and has indicated a reluctance to expand
the treatment plant beyond its current capacity of
4.5 M.G.D. The City presently expects to sewer the
multi -family area on the Beach which will amount to
approximately .7 M.G.D. The current treatment facility
is treating approximately 2.0 M.G.D. Apparently the
balance of 1.8 M.G.D. is available permanently to the
Town of Indian River Shores and to the South Beach, and
on an interim basis to other unincorporated portions
of Indian River County as may be designated by the
County Commission. Parenthetically, this would include
the Sixth Avenue area where the Board has already
allocated a part of the tri -partite sewer allocation.
The major concern of the City is that the County will
proceed in a prompt fashion to provide an alternative
sewer treatment capacity so that when the City treatment
plant reaches approximately 4.1 M.G.D. per day, the County
will be in the position to accept the unincorporated load
and treat it in a separate manner thus freeing up the
County's previous customers for additional allocation
by the City within the City's territorial service area.
We mean by this that the City will serve portions of the
unincorporated area with sewer up to a point and then
the County must take over treatment of those areas and
relieve the City of that burden. We held discussions
of the concept of perhaps an interim plant South of the
Sixth Avenue area until such time as the load would
justify the cost of running a line to the North treatment
plant.
3. It appears that there is a surplus in the Hospital's
allocation. The County would agree to obtain from the
Hospital Board of Trustees an Engineer's Certificate
as to the actual allocation required by the Hospital
over the next five or so years. At the same time, I
believe the County should enter into a contract with the
Hospital to accept treatment of the Hospital's sewer
along with serving the Hospital with water at some
designated time in the future.
4. The County would agree to adopt mutually advantageous
ordinances to require service in some areas and to provide
for the limitation of consumption on a uniform and equal
basis in the event of drought, disaster, etc.
5. The City for providing water and sewer treatment
would charge all customers, both in and out of City,
Town or County, on an equal basis at a rate which
would earn to the City a return consistent with the
rate normally returned for such enterprises. Ad-
ditionally, the City would void any utility tax
presently being charged. To re-emphasize, out -of -
the City residents are paying 10% more than in -the
City residents and it is the City proposal to charge
everybody on an equal and uniform basis whether they
are residents of the City or not.
6. The City of Vero Beach will not be required to
front any funds for captial, installations or
improvements. This will be true even within the
territorial service area, the Town of Indian River
Shores or the South Beach. Historically we have
seen front money for large developments come either
through governmental loans, grants or developers'
contributions and the City is expecting this pro-
cedure to continue. The City and County will cooperate
where necessary to develop various means of financing
which would include the assessment of lot owners where
necessary to generate capital to put in appropriate
-2-
OCT 2 41979 Boa 41 Facc'`U7
r
OCT 2 41979
BOOK 1 PAGE 798
sewer, water lines, etc. It is foreseeable that there
may be impact fees charged based upon a Study now in
progress with the City. Likewise, the County may es-
tablish necessary ordinances to fund County or out -
city improvements whether it be through taxing district,
impact fees, contributions, loans, grants, etc.
7. It is intended that service, both water and sewer,
will be phased on an orderly basis and that the City will
not be required to serve customers some distance away
without also providing for service to the intermediate
area. This is important because of the considerations
of plant expansion, river crossing, sizing of lines, etc.
8., The City is concerned about the number of customers
that they will ultimately serve in their new territory.
In order to provide assurances and since the Comprehensive
Land Use plan probably will not be adopted for approximately
a year, the assurances may well be based on the present
Comprehensive Land Use Plan as presently adopted.
9. As to the U. S. 1 corridor which is primarily the
area designated by the County for the 600,000 G.P.D.
allocation, we will need to work out a joint program
that will allow the area to develop yet phase in both
County sewer and water services within a reasonable time
table. I mentioned before that sewer might be served
from an interim plant in the area and water availability
should well come from the new water plant recently
authorized by the County Commission.
10. The concepts, as outlined in this Memorandum, shall
be reduced to writing, signed by all the interested
parties, including the Town of Indian River Shores, County,
City of Vero Beach, Hospital District, and other parties
to the various annexes that have been signed since 1973.
The agreements shall contain assurances that each
governmental agency will move ahead in an expeditious
fashion. The County will have the responsibility of
proceeding with additional engineering studies, com-
pletion of the 201 Facilities Plan, etc., all indicating
the County's ability to accept the sewer and water
facilities at a time certain in the future.
11. There are certain areas in the new territory which
would require prompt attention by the City of Vero Beach.
One such area would be the condominiums South, and the
Town of Indian River South of Fred Tuerk Drive, and
those condominiums and single-family residences in the
unincorporated portion of the County between the Town
of Indian River Shores and the City of Vero Beach. A
second area would be those residences South of the
Moorings in regard to water service. We should identify
the immediate problems and then strive to work with
one another to resolve them.
12. As time goes on it will be necessary for the
County and, visa versa, the City to purchase systems
owned by the other and the purchase price for the
capital improvements will not be fair market value
at time of the purchase but the actual costs to the
governmental entity of the system, less some reasonable
depreciation. Many of the systems have been and will
be contributed to the governmental agency free of cost.
Any unused part of the system, such as a sewer plant
which would not become a part of the Vero Beach system,
would remain in the ownership of the prior governmental
agency for reallocation to some other needed area or
for salvage value.
-3-
13. Although not thoroughly discussed, it is my
impression that all existing customers that were taken
over by a new system would pay only a hook-up charge
to the governmental agencies that serve them and
shall not be responsible for other charges that might
be assessed against a new development.
14. Finally, if the governmental agencies can agree
to an understanding regarding sewer and water, the
tripartite agreement and its annexes would be voided
and all allocations under the agreement would cease
to be effective.
I trust the above is helpful to you. The matters will
be up for discussion under my items on Wednesday and for
that reason this document is being hand delivered to you for
review.
Since ely,
r
T
GEORGE G. COLLINS, JR.
GGC,Jr/ph
0
OCT 2 41979
41 PnE 7,49
J
OCT 2 41979 Boos 41 FA.UF
COMMISSIONER LYONS STATED THAT THIS REPORT PRETTY WELL
OUTLINES THE DISCUSSION HELD WITH THE PEOPLE LISTED, BUT HE DID NOT
KNOW IF THIS IS THE OPINION OF THE MAJORITY OF THE COUNCIL. HE DID
FEEL IT WOULD BE A WORTHWHILE APPROACH TO THE SITUATION.
ATTORNEY COLLINS CONFIRMED THAT THE REPRESENTATIVE OF
THE CITY WAS COUNCILMAN SCURLOCK, AND HE WAS REPRESENTING HIS VIEWS,
NOT NECESSARILY THE VIEWS OF THE CITY COUNCIL. THE ATTORNEY NOTED
THAT IN THE SUMMARY WHEN HE REFERS TO THE CITY, HE ACTUALLY IS
REFERRING TO MR. SCURLOCK`S VIEWS. ATTORNEY COLLINS THEN REVIEWED
PARAGRAPH 1.
COMMISSIONER SIEBERT STATED THAT HE HAD NO PROBLEM WITH
THIS PARAGRAPH.
CHAIRMAN WODTKE ASKED ABOUT THE UNINCORPORATED AREA BETWEEN
THE CITY AND THE TOWN OF INDIAN RIVER SHORES, AND ATTORNEY COLLINS
NOTED THAT THIS IS COVERED IN PARAGRAPH 11, BUT HE WOULD ADD IT TO
PARAGRAPH 1.
ATTORNEY COLLINS REPORTED, IN REGARD TO PARAGRAPH 2, THAT
ONE OF THE REASONS FOR THE CITY'S CHANGE OF ATTITUDE IS THAT THEY
HAVE DISCOVERED THEY HAVE A VASTLY EXPANDED WATER SUPPLY THAN PRE-
VIOUSLY ANTICIPATED. HE STATED THAT THE CITY IS CONCERNED ABOUT
THEIR ABILITY TO SUPPLY SEWER AND INDICATED A CLEAR INTENT NOT TO BE
PLACED IN A POSITION WHERE THEY WOULD HAVE TO EXPAND THEIR SEWER
TREATMENT PLANT BEYOND ITS CURRENT CAPACITY OF 4.5 M.G.D. THE
ATTORNEY DISCUSSED THE 1.8 M.G.D. (THE DIFFERENCE BETWEEN THE AMOUNT
CURRENTLY TREATED BY THE CITY AND THEIR MAXIMUM CAPACITY) AND STATED
THAT THE CITY APPARENTLY IS WILLING TO MAKE THIS SURPLUS AVAILABLE
TO BOTH THE TOWN OF INDIAN RIVER SHORES AND THE COUNTY. HE NOTED
THAT MR. SCURLOCK TALKED IN TERMS OF SETTING A LIMIT, I.E. WITHIN
10% OF MAXIMUM CAPACITY.
CHAIRMAN WODTKE ASKED WHETHER THE CITY ALSO SERVES SEWER
IN ALL THE SQUARED OFF AREAS WE TALKED ABOUT,
ENGINEER BEINDORF STATED THAT THEY DO NOT, BUT THESE ARE
JUST ISOLATED PLACES WHICH INVOLVE VERY LITTLE IN QUANTITY, AND HE
DID NOT SEE ANY PROBLEM BETWEEN EITHER GIVING THEM UP OR ACCEPTING
THEM.
54
_I
ATTORNEY COLLINS FELT IT IS THE INTENT OF THE PARTIES NOT
TO PUT EITHER IN THE POSITION OF SERVING SEWER AND NOT WATER OR
VICE VERSA,
COMMISSIONER SIEBERT STATED THAT HE DID NOT HAVE THE
SAME UNDERSTANDING ABOUT 6TH AVENUE AND FELT THE CITY DID NOT WANT
TO SEE ANYONE ELSE HOOKED UP ON IT. HE CONTINUED THAT HE HAD IN-
FORMED THEM THAT WE WERE MORALLY OBLIGATED ON SOME OF IT BECAUSE
MAJOR DEVELOPMENT ALREADY WAS ANTICIPATED, AND THEY SAID THEY
UNDERSTOOD BUT THAT THEY DID NOT WANT ANYONE ELSE HOOKED UP ON IT.
COMMISSIONER LYONS STATED THAT HE GOT THE IMPRESSION THAT
WE HAD A CERTAIN AMOUNT TO USE THAT WAS LEFT AND WE COULD USE IT AS
WE SAW FIT.
COMMISSIONER SIEBERT NOTED THAT POSSIBLY WE ARE ENTITLED
T0, BUT HE WOULD HATE TO SEE US USE IT UP. HE NOTED THAT WE DON'T
WANT WHOLESALE CUSTOMERS, AND THEY DONT WANT WHOLESALE CUSTOMERS.
COMMISSIONER LYONS FELT THAT THERE ARE SOME SITUATIONS
THAT ARE NOT NECESSARILY WHAT ANYONE WANTS.
ATTORNEY COLLINS INFORMED THE BOARD THAT CITY ATTORNEY
PALMER CALLED HIM THIS MORNING, AND HIS PRIME CONCERN WAS THIS ISSUE.
ATTORNEY COLLINS FELT THE CITY RECOGNIZES THAT WE HAVE MADE SOME
COMMITMENTS IN THE 6TH AVENUE AREA THAT WILL BE HONORED.
COMMISSIONER SIEBERT COMMENTED THAT THE TOWN OF INDIAN
RIVER SHORES APPARENTLY HAS PLANS LARGER THAN ANTICIPATED BY THEIR
FASTER PLAN BECAUSE THEY HAVE ASKED US FOR SEWER ALLOCATION IN EX-
CESS OF THEIR PRESENT ZONING AND MASTER PLAN CONFIGURATIONS. PE
FELT IF THERE IS GOING TO BE A LIMITATION ON US, THERE SHOULD BE A
LIMITATION ON INDIAN RIVER SHORES ALSO.
ENGINEER BEINDORF NOTED THAT THE CITY SAYS THEY WILL SERVE
INDIAN RIVER SHORES AS LONG AS THEY HAVE THE CAPACITY T0, AND IT
COMES OUT OF THE 1.8 M.G.D.
COMMISSIONER SIEBERT ASKED IF THE 1..5 M.G.D. IS SHARED
BETWEEN THE TOWN AND THE COUNTY, DO WE ASSUME THE TOWN WILL COME TO
THE COUNTY FOR THEIR ALLOCATION OR ARE WE COMPETING AGAINST THEM?
55
OCT 2 4197'9 BOOK ql FACE 801
OCT 2 41979 oo L' ,EE 2
ATTORNEY COLLINS FELT THERE HAVE TO BE SAFEGUARDS SO EACH
GOVERNMENTAL AGENCY CAN RECEIVE A REASONABLE AMOUNT.
COMMISSIONER SIEBERT FELT THEY ARE GIVING THE 1.8 M.G.P.
TO INDIAN RIVER SHORES AND THE COUNTY, AND THAT THIS INCLUDES THE
HOSPITAL AND 6TH AVENUE, WHICH HAVE TO BE DEDUCTED.
ATTORNEY COLLINS POINTED OUT THAT THE ORIGINAL FIGURE WAS
ONLY 1.3, AND THE BOARD CONTINUED TO DISCUSS POSSIBILITIES. THE
ATTORNEY COMMENTED THAT THE CITY IS SAYING THEY HAVE A PIE AND ARE
WILLING FOR PEOPLE TO TAKE THEIR SHARE UP TO A CERTAIN LIMIT; THEN
THE COUNTY WILL HAVE TO STEP IN AND PROVIDE ALTERNATE TREATMENT.
COMMISSIONER SIEBERT CONTINUED TO CONTEND THAT WE ARE
GOING TO BE COMPETING WITH INDIAN RIVER SHORES. HE FELT THE CITY IS
SAYING THEY WILL CONNECT INDIAN RIVER SHORES, AND IF THEY CONNECT
MORE THAN WE CAN MORE QUICKLY, THEN THE GAME IS OVER, HE FELT IT
SHOULD BE ON SOME EQUITABLE BASIS.
ATTORNEY COLLINS AGREED THAT THIS IS A CRITICAL POINT AND
THERE SHOULD BE SOME SAFEGUARDS. HE FELT THAT AS LONG AS THE COUNTY
IS WILLING TO MAKE ASSURANCE THEY WILL DEVELOP A METHOD OF ALTERNATE
TREATMENT, THE PROBLEM CAN BE RESOLVED, AND COMMISSIONER SIEBERT
NOTED THAT IT MAY NEVER ARISE.
ATTORNEY COLLINS THEN REFERRED TO THE LAST SENTENCE IN
PARAGRAPH 2 WHICH DISCUSSES AN INTERIM PLANT SOUTH OF THE SIXTH AVE.
AREA, MOST OF THE GROWTH IN THE COUNTY IS SOUTH OF THE SOUTH CITY
LIMITS, AND THE ISSUE IS DOES IT MAKE SENSE TO PLAN AN INTERIM
PLANT SOUTH FIRST TO TAKE OVER THIS LOAD AND THEN THE ALTERNATE
TREATMENT PLANT NORTH AT SOME TIME IN THE FUTURE. IF SO, WE NEED
TO INCORPORATE THAT IN THE 201 PLAN, PARTICULARLY KEEPING IN MIND
CERTAIN RIGHTS THAT MAY ACCRUE DOWN AT VISTA ROYALE.
COMMISSIONER LYONS FELT POSSIBLY WE SHOULD BE A THREE
PLANT COUNTY INSTEAD OF A TWO PLANT COUNTY,
COMMISSIONER SIEBERT WONDERED IF AN INTERIM PLANT IN THE
SOUTH COUNTY MIGHT JEOPARDIZE A PLANT IN THE NORTH COUNTY.
CONSIDERABLE DISCUSSION ENSUED IN REGARD TO HAVING INTERIM
FACILITIES IN THE 201 PLAN, AND COMMISSIONER LYONS NOTED THAT HE
HAS GREAT DIFFICULTY WITH THE POSSIBILITY OF VERO BEACH TAKING A
SMALL AMOUNT AND THE REST BEING PUMPED NORTH,
NE FELT WE SOON
WILL HAVE TO BE IN A POSITION TO SERVE THE SOUTH COUNTY AS HE FELT
THE CAPACITY WILL BE USED UP NOT TOO FAR IN THE FUTURE.
ATTORNEY COLLINS DISCUSSED PARAGRAPH 3, AND NOTED THAT
THE HOSPITAL HAS RELEASED 100,000 GPD OF THEIR WATER ALLOCATION,
AND HE BELIEVED 100,000 GPD SEWER COULD BE RELEASED, TOO. HE FELT
THE COUNTY COULD MAKE SOME COMMITMENT. HE STATED THAT PARAGRAPH 4
DEALS WITH "MUTUALLY ADVANTAGEOUS ORDINANCES" OR A "MUTUAL AID"
CONCEPT.
COMMISSIONER SIEBERT NOTED THAT THIS ALSO PROVIDES FOR
MANDATORY HOOKUP. HE STATED THAT HE ASKED THE CITY IF THIS WOULD
BE ON A TOTALLY EQUAL BASIS FOR CITY RESIDENTS AND COUNTY RESIDENTS,
AND THEY SAID IT WOULD BE.
IN PARAGRAPH 5, IT SETS OUT THAT THE CITY WILL SET REASON-
ABLE RATES TO BE SET OVER INTO THEIR GENERAL FUND; THEY ALSO WILL
DELETE THE UTILITY TAX - ALL CUSTOMERS TO BE TREATED THE SAME.
COMMISSIONER SIEBERT STATED THAT HE HAD A SERIOUS RESERVA-
TION - HE DID NOT LIKE THE UTILITY TAX, BUT DID NOT LIKE THIS METHOD
EITHER BECAUSE THE COUNTY RESIDENTS PAY AND IT GOES TO THE BENEFIT
OF THE CITY.
ATTORNEY COLLINS VIEWED THIS AS A CONCESSION ON THE CITY'S
PART. HE NOTED THEY HAVE LEGAL AUTHORITY TO CHARGE EXTRA TO COUNTY
CUSTOMERS.
CHAIRMAN WODTKE CONTINUED TO DISCUSS THE BENEFITS THAT
WILL ACCRUE TO THE CITY, AND INTERGOVERNMENTAL COORDINATOR THOMAS
NOTED THAT THIS IS AN INTEGRAL PART OF THE CITY'S BUDGET AND HAS
BEEN FOR MANY YEARS. DISCUSSION CONTINUED ON THIS SAME MATTER, AND
COMMISSIONER SIEBERT FELT THE CITY WOULD COMPLAIN IF WE DID THIS AT
THE LANDFILL, AND HE DIDN'T SEE ANY DIFFERENCE.
COMMISSIONER LOY DID NOT FEEL WE HAVE ANY CHOICE - THE
CITY HAS A SERVICE WE WANT AND NEED, AND SHE FELT THEY HAVE MADE A
CONCESSION TO MAKE RATES THE SAME, WHICH THEY HAVE NEVER DONE BEFORE,
SHE FELT IN THIS SENSE WE ARE SERVING THE COUNTY PEOPLE AND NOTED THAT
IF WE HAD A WATER TREATMENT PLANT, IT WOULD BE DIFFERENT, BUT WE DON'T.
OCT 2 41979 57 B0°K 1 fAGE 803
� J
OCT 2 41979 BOOK 41
ATTORNEY COLLINS NEXT REVIEWED PARAGRAPH 6 WHICH STATES
THAT THE CITY OF VERO BEACH WILL NOT BE REQUIRED TO FRONT ANY FUNDS
FOR CAPITAL INSTALLATIONS OR IMPROVEMENTS. HE INFORMED THE BOARD
THAT HE HAD TALKED BRIEFLY WITH ATTORNEY PALMER ABOUT A SUB -AQUEOUS
CROSSING, AND IT SEEMS THAT IS NOT IMMINENT FOR SEVERAL YEARS DOWN
THE LINE. IT WILL BE A CAPITAL OUTLAY.
ATTORNEY COLLINS NOTED THAT PARAGRAPH % WHICH DEALS WITH
THE CITY NOT BEING REQUIRED TO SERVE CUSTOMERS SOME DISTANCE AWAY
WITHOUT ALSO PROVIDING FOR SERVICE TO THE INTERMEDIATE AREA IS IM-
PORTANT WITH RESPECT TO THE AREA SOUTH OF THE MOORINGS. HE STATED
THAT THEY HAVE HELD OFF ON THIS PROJECT BECAUSE 2-32" LINE WOULD NOT
BE WISE; IT SHOULD BE OVERSIZED. HE FELT WE NEED TO BUILD IN SAFE-
GUARDS SO THE CITY WILL AGGRESSIVELY SERVE THESE AREAS. HE NOTED
THE ABSOLUTE WORST THAT COULD HAPPEN WOULD BE TO TIE UP A TERRITORIAL
AREA. THE ATTORNEY THOUGHT THE CITY'S BIGGEST PROBLEM IS SATISFY-
ING THEMSELVES THAT THE COUNTY WILL HAVE AN INTERIM PLANT PHASED IN
IN A TIMELY FASHION,
IN RE THE ULTIMATE NUMBER OF CUSTOMERS DISCUSSED IN PARA-
GRAPH S, THE ATTORNEY STATED THAT HE WOULD STRENUOUSLY OBJECT TO THE
COUNTY CURTAILING ZONING, HE DID FEEL THE BOARD COULD MAKE A POLICY
DECISION ON A PLAN THEY HAVE ALREADY ADOPTED AND ASSURE THE CITY
THEY WOULD NOT TAKE ANY ACTIONS INCONSISTENT WITH THAT PLAN UNLESS
OTHER METHODS OF SERVICE WERE AVAILABLE. HE POINTED OUT THAT THE
CITY DOES NOT WANT TO PLAN TO SERVICE AN AREA AND THEN SUDDENLY HAVE
THE NUMBER OF UNITS IN THAT AREA DOUBLED,
COMMISSIONERS LYONS NOTED THAT THE CITY IS JUST TRYING TO
BASE AN ESTIMATE ON A REASONABLE FIGURE, AND HE FELT POSSIBLY PARA-
GRAPH S COULD BE WORDED DIFFERENTLY. COMMISSIONER SIEBERT SUGGESTED
IT MIGHT STATE "ASSURANCES BASED ON ALLOWABLE DENSITIES CONTAINED
IN THE COMPREHENSIVE USE PLAN."
PARAGRAPH 9 DEALS WITH DEVELOPING THE U.S.J CORRIDOR AND
PHASING COLUNTY SEWER AND WATER SERVICES IN WITHIN A REASONABLE TIME
a
TABLE. THE ATTORNEY STATED THAT THIS APPLIES TO THE INTERIM PLANT
CONCEPT WHICH SHOULD BE READY TO GO WHEN THE 1.0% LIMITATION CAP IS
REACHED.
UNDER THE PROVISIONS OF PARAGRAPH 10, THE TRIPARTITE
AGREEMENT WOULD BECOME NULL AND VOID. THIS PROVIDES THAT THE COUNTY
WILL DO VARIOUS THINGS THAT SHOW THE COUNTY IS ON TARGET TO MEET
THE SEWER AND WATER REQUIREMENTS THAT ARE EXPECTED.
PARAGRAPH 11. PUTS PRIME EMPHASIS ON THE AREA BETWEEN THE
TOWN OF INDIAN RIVER SHORES AND THE NORTH CITY LIMITS AND ALSO WATER
SERVICE TO THE AREA SOUTH OF THE MOORINGS, THESE AREAS BEING IDENTI-
FIED AS CRITICAL.
ATTORNEY COLLINS INFORMED THE BOARD THAT PARAGRAPH 12
RECOGNIZES A MAJOR CHANGE IN POSITION - THE GOVERNING AGENCIES WOULD
AGREE IN THE EVENT ONE HAD TO BUY THE LINES AND IMPROVEMENTS OF
ANOTHER, THAT THE COST WOULD BE THE ACTUAL MONEY INVESTED BY THE
OWNING AGENCY, LESS A CERTAIN AMOUNT OF DEPRECIATION, INSTEAD OF
THE FAIR MARKET VALUE. HE NOTED THAT MANY LINES AND IMPROVEMENT
ARE ACTUALLY PUT IN BY DEVELOPERS, SOME ARE SUBJECT TO GRANTS,
AND SOME ARE DONATED.
ASSISTANT ADMINISTRATOR NELSON INQUIRED ABOUT THE POSSI-
BILITY OF GETTING BACK MONEY THAT MUST BE INVESTED IN LIFT STATIONS
FOR PEBBLE BAY, AND ATTORNEY COLLINS FELT THAT IT IS DEPENDENT ON
WHETHER THE CITY NEEDS THEM AND WILL PURCHASE THEM.
PARAGRAPH 13 IN REGARD TO HOOK-UP CHARGES FOR EXISTING
CUSTOMERS TAKEN ONTO A NEW SYSTEM TALKS IN TERMS OF HAVING TO PAY A
PART OF THE MAJOR TRUNK SYSTEM THAT DELIVERS THE SERVICE.
ATTORNEY COLLINS RECOMMENDED TO THE BOARD THAT WE SEEK
A WORKSHOP MEETING WITH THE CITY TO TRY TO REACH AN AGREEMENT ON THE
POINTS OUTLINED IN THIS MEMO.
COMMISSIONER LYONS STATED THAT IF THE BOARD FEELS THIS
IS A REASONABLE WAY TO APPROACH THE CITY OF VERO BEACH, HE WOULD
BE WILLING TO MEET WITH AND TALK WITH MAYOR NOLAN OF THE TOWN OF
INDIAN RIVER SHORES, HE FELT THIS SHOULD BE DONE BEFORE WE SIT DOWN
WITH THE CITY OF VERO BEACH ON A FORMAL BASIS.
OCT 2 41979 59 BOOK 4 PAGE NU5
OCT 2 41979
poo# 41 rAGUE 866
ATTORNEY COLLINS PERSONALLY FELT THAT WE ARE AT A POINT
WHERE WE CAN HAVE A JOINT MEETING. HE NOTED THAT HE ALREADY HAD SENT
A COPY OF HIS MEMO TO CITY ATTORNEY PALMER AND ALSO TO ATTORNEY CLEM
WHO REPRESENTS THE TOWN OF INDIAN RIVER SHORES.
IT WAS THE GENERAL CONSENSUS OF THE BOARD THAT COMMIS-
SIONER LYONS SHOULD TALK TO THE TOWN OF INDIAN RIVER SHORES BEFORE
WE MEET WITH THE CITY OF VERO BEACH, AND COMMISSIONER LYONS AGREED
THAT HE WOULD MEET WITH MAYOR NOLAN.
ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT
FELLSMERE WOULD LIKE TO CLOSE S.R. 507 BETWEEN 5:00 AND 6:00 P.M.
FOR THEIR HALLOWEEN. PARADE. HE NOTED THAT PART OF S.R. 507 (BROADWAY)
IS NOW A COUNTY ROAD.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY AGREED THAT THEY HAVE NO OBJECTION TO
THE CITY OF FELLSMERE HOLDING THEIR HALLOWEEN PARADE ON HIGHWAY 507
BETWEEN THE HOURS OF 5:00 AND 6:00 P.M. ON SATURDAY, OCTOBER 27, 1979.
ASSISTANT ADMINISTRATOR NELSON REPORTED THAT COMMUNITY
DEVELOPMENT DIRECTOR REGAN WAS NOTIFIED OF A FLORIDA COMMUNITY DEVEL-
OPMENT ASSOCIATION MEETING TO BE HELD OCTOBER 31ST THROUGH Nov. 2ND
AND FEELS IT IS IMPERATIVE THAT HE BE ALLOWED TO ATTEND. HE WOULD
DRIVE A COUNTY VEHICLE AND ESTIMATES A COST OF $125.00 TO $150.00.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR COMMUNITY
DEVELOPMENT DIRECTOR REGAN AS SET OUT ABOVE.
ATTORNEY COLLINS REPORTED THAT IN REGARD TO=REMODELING
OF THE COURTHOUSE, THERE IS AN ALLEYWAY BETWEEN THE COURTHOUSE AND
THE ANNEX RUNNING NORTH AND SOUTH, THE SOUTH PART OF WHICH WE ARE
GOING TO VASTLY IMPROVE AND PUT IN AN ELEVATOR AND AN OVERHEAD WALK-
WAY. THE CITY IS PRESENTLY PUBLISHING THE NECESSARY NOTICE TO VACATE
THIS ALLEY. IN RETURN WE HAVE AGREED TO GIVE THE CITY OF VERO BEACH
AN EASEMENT TO ALLOW THEM TO CONTINUE THE USE OF THE UTILITIES IN
THAT ALLEYWAY AND TO MAINTAIN THEM. ATTORNEY PALMER PREPARED A PRO-
POSED EASEMENT, AND THE ONLY THING NECESSARY IS A SPECIFIC ADDITION
FOR THE OVERHEAD WALKWAY, ATTORNEY COLLINS ASKED THAT THE CHAIRMAN
BE AUTHORIZED TO SIGN THE EASEMENT SO THAT AT THE TIME OF VACATION
WE CAN BE IN A POSITION TO HAND THE CITY THE EASEMENT.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED A DEED OF EASEMENT TO THE CITY
OF VERO BEACH IN THE ALLEYWAY DESCRIBED ABOVE, BASED ON A PROVISION
BEING ADDED TO ALLOW THE COUNTY TO BUILD AN OVERHEAD WALKWAY BETWEEN
THE COURTHOUSE AND THE ANNEX, AND AUTHORIZED THE SIGNATURE OF THE
CHAIRMAN.
61
OCTFr'_ -1
2 41979 BOOK 4 Fm F 808
0
Y�Y
I
DEED OF F4SF. to
TMTEUxr—
THIS CONVEYANCE. made this day of /Vdtkl-6&t. , 1979, by
INDIAN RIVER COUNTY, a political 903jrvTsion of the State of Florida,
(Grantor(s), and the CITY OF VZPO BLACK, a municipal corporation of the
State of Florida, Indian River County, Floridat (The City), and for
the benefit of Southern Bell Telephone & Telegraph Company, Florida
Cablevisiont and further designees of the City.
WITNESSETH: That the said Grantor(s), and each of them, for
and in consideration of the sum of Otis DOL'..RR and other valuable con-
siderations in hand paid, the receipt of which is hereby acknowledged,
hereby grants unto the City, and its designees, successors and
assigns forever, and for the use and benefit of Southern Bell Tele-
phone a Telegraph Company, Florida Cablevision, and any other
public or private utility as the City may determine, a general
utility easement for the construction, location, vertical or
horizontal relocation, installation, reinstallation, maintenance,
enlargement, operation, and/or repair of water mains, pipes, savers,
storm newer@, electric lines, telephone facilities, cablevision lines,
and any other utility of the City of Vero beach or any such private or
public utility, and for all purposes connected therewith, ander, over,
upon and across the following described property located in Indian
River County, Florida, to -wit:
That part of a ten (10) feet wide north -south alley
between Lots 20 through 23 on the vast and Lots 6
through 9 on the east, all in Block 35, ORIGIMn TOWN,
which part of said alley (approximately 92 feet in
length) was abandoned by the Cit 5.►f Vero Beach by
Ordinance No. e2 on the day of
1979.
Provided, however, the Grantor reserves the right to use the air
space over the easement for the purposes of building a walkway from
the Courthouse to the Annex connecting the two second floors of
said buildings.
To HAVE AND To HOLD the same together with all rights, therounto
belonging, and all the estates, right, title, interest, either in law
or equity and claim whatsoever of the said Grantor (s), or either
of them,either in law or equity to the use and benefit of the City,
such utilities, and their successors and assigns forever. Grantor(s)
and each of thea, at their expense will defend said general utility
easement against anyone claiming it or claiming any interest in it,
or in any manner preventing or attempting to prevent the free and
unobtstructed use of it by the City, such utilities, and their
successors or assigns. Grantor(s) warrant said property is not
encumbered by mortgage, lien or otherwise.
IN WITNESS WHEREOF, the said party of the first part has
hereunto not its hand and seal the day and year first above written.
Signed, sealed and delivered
in a presence of:
*r ranor s
INDIAN RIVER COUNTY, FL® IDA
-William C. r ,Chairman
Board of C041 isrloners
Attest:-'flh
Freda r g; Clarc
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n-
or
U11
M
STATE OF FLORIDA
COU14TY OF INDIAN RIVER
I HEREBY CERTIFY, that on this day, before me, an officer
duly authorized in the State and County aforesaid, to take acknow-
lodgments, personally appeared WILLIAM C. WoDM, JR., and YREDA
WRIGHT, to me known to be the persons described in and who executed
i
the foregoing instrument and they acknowledged before me that they
executed the same.
WITNESS my hand and official Peal in the County and State
last aforesaid this •LZI
__day of y1,A +, 1979th•:!.' - n
o ry tate. S at Sg®.
My commission expires:
ftm won GF „ ,r
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QM 'z its. UNDGMarm
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BOOK PACS
OCT 2 41979
CA
239413 9-21-79
ORDINANCE NO.
++ AN ORDINANCE VACATING AND ABANDONING THE 10 FEET
WIDE PUBLIC ALLEY RICHT-OF-WAY BETWEEN THE EAST -
HEST ALLEY ON THE SOUTH AND THE NORTH ELLE OF AN
EXISTING PEDESTRIAN WALKWAY ON THE NORTH; SAID
ALLEY RIGHT-OF-WAY BEING BETWEEN LOTS 20 THROUGH
23 ON THE WEST AND LOTS 6 THROUGH 9 ON THE EAST,
BLOCK 35, ORIGINAL. TOWNt PROVIDING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF VERO BEACH HEREBY ORDAINS:
SECTION I
In accordance with the provisions of Sec. 26-20 of the Code of
Ordinances of the City of Vero Beach, a report by the City Manager
has been prepared in which he recommends approval of the application
for abandonment, #79-A/ROW-17. At the September 18, 1979 regular
meeting of the Council of the City of Vero Beach approval was granted
for the drafting of this ordinance.
SECTION II
That part of the ten (10) feet wide north -south alley right-of-
way (approximately 92 feet in length) running from the north
edge of the existing east -wast alley to the north edge of the
existing east -west pedestrian walkway. Said part (hereby
abandoned) exists between Lots 20, 21, 22, & 23, on the west,
and Lots 6, 7, S. & 9 on the east, all in Block 35, ORIGINAL
TOWN; said alley right-of-way lying and being in the City of
Vero Beach, Indian River County, Florida is hereby vacated and
abandoned as a public sight -of -way. This ordinance in no manner
affects any rights to that part of the north -south alley (approxi-
mately 105 feet) which extends north of the existing east -west
pedestrian sidewalk, which part is adjacent to Lots 24, 25, 26,
27 &28 on the west and Lots 1, 2, 3, 4, & 5 on the east, in
Block 35, ORIGINAL TOWN. This vacation and abandonment is
subject to the easements attached hereto and all other easements
and rights of record, if any.
SECTION III
This ordinance shall become effective upon final passage and
recording of sm a in the public records of Indian River County, along
with the Deed of Easements attached hereto. '. %, ;'k I'.
I HEREBY CERTIFY that the foregoing orliliance,war-finally passed
by the Council on the � day of 197%.
ATTES CITY OFRO B4CHIDA
By
a.,�� r.
a *no. City—Cl rk Jay A. Smith. mayor
r�
POOK 41 PACE O1O
OCT 2 41979
OCT 2 4 1979F,�F1
eou 41
ATTORNEY COLLINS REVIEWED WITH THE BOARD A PACKET OF
INFORMATION OBTAINED FROM ORLANDO PERTAINING TO PROCEDURES AND
CRITERIA FOR WEAPONS TRAINING AND THE ISSUING OF PISTOL PERMITS.
DISCUSSION ENSUED ON THE DIFFICULTY OF THE STANDARDS
SET OUT IN THE WEAPON TRAINING CRITERIA, AND IT WAS FELT THEY WERE
POSSIBLY MEANT MORE AS A STANDARD FOR A POLICE OFFICER.
ATTORNEY COLLINS COMMENTED THAT THE CRITERIA WILL CHANGE
AND IMPROVE, BUT THESE AT LEAST GIVE US SOME CRITERIA TO WORK WITH
AS A BEGINNING.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY ADOPTED THE CRITERIA PRESENTED FOR
PISTOL PERMIT PROCEDURES, SUBJECT TO TAKING A WEAPONS TRAINING
COURSE SATISFACTORY TO THE COUNTY ADMINISTRATOR. COPY OF SAID
CRITERIA IS ON FILE IN THE OFFICE OF THE CLERK.
COMMISSIONER LOY RECOMMENDED THAT DAVID BARRY SMITH, JR.,
BE APPOINTED TO THE PLANNING AND ZONING COMMISSION TO FILL THE
VACANCY THAT EXISTS.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0, 79-106 APPOINT-
ING DAVID BARRY SMITH, JR., TO THE COUNTY PLANNING AND ZONING COMMIS-
SION AS THE REPRESENTATIVE FROM DISTRICT 3.
RESOLUTION NO. 79-106
BE IT RESOLVED BY THE BOARD OF COUNTY CM124ISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, That David Barry Smith,
Jr. is appointed to the Indian River County Planning and
Zoning Commission from District 3, and shall serve until
January, 1931.
This Resolution shall become effective as of the 24th
day of October-, .1979.
L
ATTEST:
Freda Wrig t, C
OCT 2 41979
BOARD OF COUNTY COMIISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA,
By
jail iam C. o t e, Jr.
Chairman
BOOK 41 PAGE1
OCT 2 41979 BOOK 41 NEF813
COMMISSIONER LOY BROUGHT TO THE BOARD'S ATTENTION THE
BEACH LOTS WE ASSISTED THE CITY OF VERO BEACH IN PURCHASING, SOME
YEARS AGO. SHE NOTED THAT THE CITY IS NOW GETTING READY TO DEVELOP
THESE LOTS AND HAS A PROBLEM WITH THE OFFICIAL DEED. THEY NEED
OUR HELP BECAUSE WE REQUIRED THAT WE HAVE A 2/5 INTEREST IN EACH LOT.
ATTORNEY COLLINS EXPLAINED THAT THE CITY IS PREPARING TO
QUIT CLAIM TO THE COUNTY BY CORRECTIVE QUIT CLAIM DEED OUR 2/5
INTEREST, AND THE COUNTY NEEDS TO ACCEPT THIS QUIT CLAIM, WHICH NOW
SETS OUT THAT THE PROPERTY IS TO BE USED ONLY FOR PUBLIC RECREATIONAL
PURPOSES. THIS WORDING IS NECESSARY TO MEET THE STATES REQUIRE-
MENTS AND OBTAIN THE GRANT FUNDING. THE ORIGINAL DEEDS THAT CREATED
THE 2/5 AND 3/5 INTEREST DID NOT SET OUT THAT THE PROPERTY COULD
ONLY BE USED FOR RECREATIONAL PURPOSES.
MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER SOY, TO ACCEPT THE CORRECTIVE QUIT CLAIM FROM THE CITY
OF VERO BEACH AS DESCRIBED ABOVE WITH THE UNDERSTANDING THAT THIS
PROPERTY IS TO BE USED ONLY FOR PUBLIC RECREATIONAL PURPOSES.
COMMISSIONER SOY ASKED IF WE COULD ADD TO THE MOTION
SOMETHING STATING THAT FOR ALL RECREATIONAL PURPOSES, THIS WOULD BE
OPEN AND FREE TO THE PUBLIC.
COMMISSIONER LYONS FELT THERE MIGHT WELL BE A TIME WHEN
THE CITY WOULD WANT TO CHARGE FOR PARKING IN ORDER TO PAY FOR PATROLING
OF THE BEACH, ETC,
COMMISSIONER Loy STATED THAT SHE DID NOT WANT ANY CHARGE
MADE FOR USE OF THE BEACH.
COMMISSIONER SIEBERT NOTED THAT IF ANY REVENUE WERE
DERIVED, IT WOULD BE STRICTLY FOR MAINTENANCE AND BETTERMENT OF THE
FACILITY.
CHAIRMAN WODTKE SUGGESTED THAT WE MIGHT SAY ACCESS TO
THE FACILITIES WILL ALWAYS BE OPEN WITHOUT ANY CHARGE, I.E. - NO
ADMISSION FEE. HE ASKED IF WE COULD AGREE THAT ANY FEES OR CHARGES
MUST BE AGREED UPON BY THE BOARD OF COUNTY COMMISSIONERS,
� 67® �
COMMISSIONER SIEBERT SUGGESTED SAYING "CHARGES FOR USE
OF THE FACILITIES WOULD BE DETERMINED WITH THE CONCURRENCE OF BOTH
PARTIES HOLDING AN UNDIVIDED INTEREST it
THE BOARD CONTINUED TO DISCUSS VARIOUS ALTERNATIVES, AND
THE POSSIBILITY OF A HOT DOG STAND OR SOMETHING OF THE SORT WAS
MENTIONED.
COMMISSIONER LOY REITERATED THAT SHE JUST WISHED TO
EMPHASIZE THAT IT IS TO BE OPEN TO THE GENERAL PUBLIC,
ATTORNEY COLLINS INFORMED THE BOARD THAT THIS QUIT CLAIM
IS AN ORIGINAL DOCUMENT WITH MAYOR SMITHS NAME ON IT, AND HE FELT
HE SHOULD APPROACH THE CITY AND GET THEIR CONCURRENCE BEFORE ADDING
ANY PROVISION. HE STATED THAT HIS UNDERSTANDING IS THAT THE BOARD
HAS NO OBJECTION TO A PARKING CHARGE, BUT DID NOT WANT ANY SORT OF
AN ADMISSION CHARGE.
COMMISSIONER SIEBERT FELT THAT THE BOARD WOULD HAVE TO
CONCUR WITH ANY PARKING CHARGE ALSO.
COMMISSIONER SIEBERT WITHDREW HIS MOTION FOR PURPOSES OF
REWORDING, AND COMMISSIONER Loy WITHDREW HER SECOND.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER Loy, THE BOARD UNANIMOUSLY AGREED TO ACCEPT THE CORRECTIVE
QUIT CLAIM DEED FROM THE CITY OF VERO BEACH RE THE BEACHFRONT PROPERTY
WITH THE UNDERSTANDING THAT IT IS TO BE USED ONLY FOR PUBLIC RECREA-
TIONAL PURPOSES AND THAT IT SHALL BE WITHOUT CHARGES OF ANY KIND
WITHOUT FUTURE CONCURRENCE OF THE COUNTY COMMISSION.
OCT 2 4 1979 BOOK 41
68 PACE814
.�.
L-
F7_IPrepared by: Thomas C. Palmer, City Attorney, P.O. Box 1389,Vero Beach,FL`32960
..00T 2 4 1979 239235
CORRECTIVE' QUITCLAIM DEED BOOK 41 FACE 815
THIS CORRECTIVE QUITCLAIM DEED, made the��day of October, '
A.D. 1979, by the CITY OF VERO BEACH, a municipal corporation
existing under the laws of the State of Florida, with its permanent
post office address at 1053 - 20th Place, Vero Beach, Florida, by
and through -its undersigned Mayor, GRANTOR, and INDIAN RIVER COUNTY,
a political subdivision of the State of Florida, GRANTEE, (which
term "GRANTOR" and "GRANTEE" shall include singular or plural, the
successors and assigns of the same).
WITNESSETH: that the Grantor, for and in consideration of the
sum of $10.00 in hand paid by the said Grantee, the receipt whereof
is hereby acknowledged, does hereby remise, release and quitclaim
unto the said Grantee in perpetuity for the use and benefit of the
general public for recreational purposes only, a two fifths (2/5)
undivided interest in and to the following described piece or parcel
of land, situate, lying and being in the County of Indian River,
State of Florida, to -wit: b
Lots 1, 2, 3, and 4, all in Block 1, PELICAN COST II,
according to the plat of said subdivision filed in the
office of the Clerk of the Circuit Court of Indian River
County, Florida, and recorded therein in Plat Book 3,
page 79, to and including the mean high water mark of
the Atlantic Ocean and all riparian and littoral rights
appertaining thereto in which the Grantor has interest,
except that part of said Lot four (4) lying West of the
City Park shown on said plat and South of a Westward
projection of the North boundary line of said City Park,
the excepted portion being 12.09 feet wide (East to West) '
and 87.25 feet long (North to South).
TO HAVE AND TO HOLD the interest quitclaimed together with all
and singular proportionate appurtenances thereunto belonging or in
anywise appertaining, and proportionate estate, right, title, interest,
lieti""'--equity and claim whatsoever with said Grantor, either in law
gxequity� .;Phis Deed corrects a Deed dated July 21, 1976, from
Grantor to'-:'Cran.tee, said Deed recorded in Book 473, page 856, Public cry
�• ; q
Records of _'raian River County. o
-list WITN%.SS WHEREOF, the said Grantor has signed and sealed these
prese-ts tlid day and year first above written. L1'
'�'.•;.;�igned; seg ied and delivered CITY OF VERO BEACH, FLORIDA
in the presence of:
Attest:./ 'PC—
By
i o: CS
Car R. /Stevens, City C er c Jay T. Smit 1, ayor
Accepted for the use and benefit of the general public fc . rccroattioi�al
purposes Only.Jgith the provisio '
that the sub3opt property may be 130ARD OF COUNTY i3O,I IISSIONERS = OF
cu�i��xlbv-hind unless previously ;�1zlip oven INDIAN RIVER COt�NTY` �I; LORI17X1
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by poard og County Co.iunisa .
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
• v
Before me personally appeared Jay A. Smith and Caryl R.
Stevens, the Mayor and City Clerk respectively, to me well known
to be the persons described in and who executed the foregoing
instrument, and acknowledged to and before me that they executed
said instrument for the purposes therein expressed.
WITNESS my hand and official seal, this 18th day of October,
1979.
Notary Pu %, State o -Flori.:da
at Large. My Commission' expzze"I':
NOTARY PUBLIC STATE OF FLO?IDA
MY COMMISSION EXPIRES FEB. 29 1• v0;
Ef. NDED THRU GENR tl INS. UNDERMITS(N
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BOOK ..41 FACE 611
OCT 241979 00W1)0Q��
FF-P-7-cpared by: Thomas C. Palmer, City Attorney, P.O.Box 1389, Vero Beach, FL 32960.
OCT 2 A�Idi''�L,AIM DEED - "SOUTH BEACH PARK" DEDICATION TO TIIE PUBLIC�L
THIS QUITCLAIM DEED, made the %, clay of October, A.D., 1979; by the
CITY OF VERO .BEACH, GRANTOR, a municipal corporation existing under the laws
i
of the State of Florida, with its permanent.post office address at 1053 - 20th
.Place, -Vero Beach, Florida, by and throu&h its undersigned Mayor, to the
people of the State of Florida, GRANTEES. BOOK 1 JAGUE 817
WITNESSETH: That the Grantor does hereby remise, release and quitclaim
and dedicate unto the General Public in perpetuity for recreational purposes
only, its three-fifths (3/5) undivided interest in and to the following de-
scribed piece or parcel of lan-d, situate, lying and being in the County of
Indian River, State of Florida, called the "South Beach Park", to -wit:
Lots 1, 2, 3, and 4, Block 1, PELICAN COVE SUBDIVISION
II, according to the plat of said subdivision filed in
the office of the Clerk of the Circuit Court of Indian
River. -County, Florida, and recorded therein in Plat Book
3, page 79, to and including the mean high water mark of
the Atlantic Ocean and all riparian and littoral rights
appertaining thereto in which the Grantor has interest,
except that part of said Lot four (4) lying -West of the
City Park shown on said plat and South of a Westward
projection of the North boundary line of said City Park,
the excepted portion being 12.09 feet wide (East to West)
and 87.25 feet long (North to South).
Also, the GRANTOR grants to the said public for recreational
purposes only, all of its interests in that parcel of land
designated as a public park and bathing beach on replat of
VERO BEACH VILLAS, according to Plat Book 2, page 21, records
of Indian River County, Florida.
TO HAVE AND TO HOLD all interests quitclaimed together with all and
singular proportionate appurtenances thereunto belonging or in anywise
appertaining, and proportionate estate, right, title, interest, lien, equity
and claim whatsoever with said Grantor, either in law or equity, but reserving
rights to install utilities and appropriate structures or fixtures and for
recreation uses and concessions in compliance with said Grant. This Deed
is executed pursuant to a contract between the City and the State of Florida
Department of Natural Resources, dated July 11, 1979, regarding a Land and
Water Conservation Fund Program Grant. The City also hereby accepts said
land on behalf of the General Public for recreational purposes only.
IN WITNESS WHEREOF, the said Grantor has signed and sealed these
presents"the .day and year first above written.
Signed, sealed and delivered
in.the presence of: CITY OF VERO BEACH, FLORIDA
ATTEST • .--7{{ t� --- - 7
Cary. T. �,,tevcns , City er c
By '
Jay�Smit , Mayor
i
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me personally appeared Jay A. Smith and Caryl R.
Stevens, the Mayor and City Clerk respectively, to me well known
to be the persons described in and who executed the foregoing
instrument, and acknowledged to and before me that they executed
said instrument for the purposes therein expressed.
WITNESS my hand and official seal, this 18th day of October,-,
1979.
Notary Pu /3_c, State of � o " }
at Large. My Commission. `bxpare:s;G
Y ..7
NOTARY PUBLIC STATE OF FLOVDA AT
MY COMMISSION EXPIRES FEB. 29 1780
PC MDiD THRU OFNIFR4 INS.
is
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CJ
BOOK -
4 -1
OCT 2 41979 'ooAU b 9 �l P;;Gf 0 0 a 0
I
OCT 2 41979 _ qq
_ BOOK 41 FnA1
COMMISSIONER LYONS SUGGESTED THAT IN VIEW OF THE FACT
THAT OUR ENERGY COSTS ARE HIGHLY INFLATIONARY AND SINCE OUR BUILDING
CODE AT THE PRESENT TIME DOES NOT INCLUDE A PROVISION REQUIRING
INSULATION IN BUILDINGS OF LESS THAN 1,500 SQ. FT., THAT OUR BUILDING
BOARD OF ADJUSTMENTS AND APPEALS BE REQUESTED TO MAKE A RECOMMENDATION
IN REGARD TO EXTENDING THE REQUIREMENT FOR INSULATION TO COVER ALL
DWELLINGS, REGARDLESS OF SIZE. COMMISSIONER LYONS FURTHER COMMENTED
THAT.HE HAD HEARD OF A CASE IN ANOTHER COUNTY WHERE APARTMENTS GOT
AROUND THE CODE IN REGARD TO INSULATING BECAUSE THEY WERE LOCATED
ONE ON TOP OF ANOTHER, AND HE FELT THIS SHOULD BE LOOKED INTO ALSO.
- THE BOARD AGREED THIS MATTER SHOULD BE REFERRED TO THE
BUILDING BOARD OF ADJUSTMENTS AND APPEALS FOR THEIR COMMENTS.
COMMISSIONER LYONS REPORTED THAT THE TECHNICAL ADVISORY
COMMITTEE ON DRAINAGE HELD A MEETING, AND THERE IS AN AD OUT FOR A
DRAINAGE CONSULTANT. THEY AGREED THAT THE ONLY JOINT CITY -COUNTY
AREA INVOLVED AT THE PRESENT TIME IS THE AREA SOUTH ADJOINING ROCKRIDGE.
HE NOTED THAT WE SOON WILL HAVE TO DECIDE WHAT PART OF THE COST OF
THIS STUDY WE WILL PAY.
ASSISTANT ADMINISTRATOR NELSON STATED THAT AT A LATER DATE
HE WOULD LIKE TO BRING BEFORE THE BOARD A PROPOSAL TO EXTEND THE
DRAINAGE STUDY TO TAKE A LOOK AT SOME OTHER AREAS IN THE COUNTY AND
COME UP WITH A MASTER DRAINAGE PLAN FOR THE COUNTY.
COMMISSIONER SIEBERT INQUIRED ABOUT THE STATUS OF HIRING
A COUNTY ENGINEER, AND MR. NELSON INFORMED THE BOARD THAT THEY HAVE
RECEIVED A FEW RESUMES, WHICH MR. BEINDORF IS REVIEWING. HE FELT,
HOWEVER, THAT WE NEED TO ADVERTISE IN THE TRADE MAGAZINES INSTEAD
OF JUST NEWSPAPERS.
THE BOARD NEXT DISCUSSED A LETTER WRITTEN TO THE CHAIRMAN
BY COMMISSIONER LYONS IN REGARD TO THE MEMBERSHIP STATUS AND FUNCTION
OF REGIONAL PLANNING COUNCILS, WHICH IS AS FOLLOWS:
October 17, 1979
The Honorable William C. Wodtke, Jr.
Chairman,
Board of County Commissioners
2145 14th Avenue
Vero Beach, Florida 32960
�,
Dear Chain .fi_i---ILdtke
Ile have had some indication that a movement is on
foot to change the membership status of the Regional
Planning Councils and also to change some of their
functions. As a multi -term member of the Treasure Coast
Regional Planning Council, first as a municipal repre-
sentative and now as a county's representative, I am
strongly convinced that membership should be limited to
elected officials. The council represents the only effective
vehicle for handling matters of regional concern and, as
we continue to grow, we will have more and more of such
matters.
Attached is a policy statement of the Florida Regional
Councils Association which was promulgated September 14, 1979.
I strongly endorse this policy statement. In my opinion, it
would be most helpful to this county and this region, if the
Commission would endorse this policy statement. An endorsement
which contains the first four paragraphs of the policy state-
ment would be ample.
I would appreciate your sending your endorsement to Mr.
Sam Shannon, Director, Treasure Coast Regional Planning Council,
P.O. Box 2395, Stuart, Florida 33494, with a copy to Repre-
sentative R. Dale Patchett and to me. It would also be help-
ful to us if you would indicate any other destinations for
your endorsement.
I believe this matter is of extreme importance and
I would appreciate your assistance.
Sincerely, j
PA XA B. Lyons,
PBL:ef
�;:6rt mtssioner
j �
Enclosure
COMMISSIONER SIEBERT CONCURRED WITH COMMISSIONER LYONS
THAT THE BOARD SHOULD ADOPT A RESOLUTION INCORPORATING SUCH AN
ENDORSEMENT.
ON MOTION BY COMMISSIONER LYONS., SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0, 79-1.07,
74 BOOK 1 PACE ��D
OCT 2 41979
OCT 2 41979
Baas 4 1 Ft1GF 821
RESOLUTION NO. 79-107
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA,
That the attached Endorsement is approved and the Chairman
of the Board of County Commissioners of Indian River County,
Florida, and the Clerk of the -Circuit Court are authorized
to sign said Endorsement.
Dated this 24th day of October , 1979.
Y
Chairman, Board of Count ommissioners
of Indian River Co ty, Florida.
Attest:
Clerk
E N D O R S E M E N T
AT ITS REGULAR MEETING OF OCTOBER 24, 19791 THE INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS SET FORTH ITS OFFICIAL ENDORSEMENT
OF THE FOLLOWING:
This Association affirms the urgent need to solve regional problems
through workable approaches designed to ensure coordinated actions
and to minimize the overlap of regional agencies. The Association
recognizes that local governments are that level of government closest
and most accountable to the people. It is further agreed that local
governments should take the leadership in meeting these challenges
and not pass these responsibilities on to the national or state
government.
We therefore support and call for the strengthening of Regional
Planning Councils as those agencies which serve as the vehicle for
joint action on those problems and challenges which cut across boundary
lines and must be delt with in a larger geographic setting. We
furthermore support Regional Planning Councils as having been agencies
which have provided a forum where local governments can discuss and
seek solutions to regional problems in an effective and efficient
manner.
We call for the continued utilization, through funding and designation,
by the state and federal government of the Regional Planning Councils
as the agencies to undertake areawide planning and development
programs. It has been agreed that as agencies of local government,
Regional Planning Councils should possess characteristics which will
provide closer ties with the executive and legislative branches of
state goverment and that the guidelines within which they operate
should be more clearly defined in order that the citizens of the
state may be better and more effectively served.
We further feel that as agencies of local governments, it is important
that the Developments of Regional Impact process remain with the
Regional Planning Councils as first, Councils have accountability
through the ballot box. The most responsive agency is that which
holds its leaders directly accountable to the people it serves.
Second, the Regional -Councils are comprehensive in both their purpose
and the work programs they carry out. Third, the Regional Councils
currently have on staff the expertise necessary to undertake the
responsibilities of the regional agency with regard to DRI reviews.
And fourth, the Regional Councils have the greatest potential for
efficiency because they now are undertaking an array of planning
programs that are supportive of the DRI process. (e.g. land use and
housing, energy planning, economic development, coastal zone -planning,
etc.).
THIS ENDORSEMENT PASSED AND ADOPTED THIS 24th DAY OF October
1979.
Chairman, India4River my Board
of County Com
Attest: ��"/�.Q..-rC.. � •. �
- l
OCT 2.41979 -
OCT 2 4 1979 BOOK 1 PAGE 823
COMMISSIONER Loy INFORMED THE BOARD THAT THE TOWN OF
INDIAN RIVER SHORES WANTS IN WRITING_THE AMOUNT OF MONEY THE COUNTY
WILL FUND FOR THEIR FIRE DEPARTMENT OPERATION THIS YEAR. SHE
ASKED IF THE BOARD WISHED TO HAVE THE FINANCE DIRECTOR WRITE A
LETTER STATING THAT WE HAVE SET ASIDE A CERTAIN AMOUNT OF DOLLARS.
CHAIRMAN WODTKE SUGGESTED THAT WE ADVISE THEM THAT THE
COMMISSION ALLOCATED -$52,810 TO THE TOWN OF INDIAN RIVER SHORES AFTER
CONSIDERATION OF THEIR REQUEST AND THAT THESE FUNDS WILL BE FORTH-
COMING ON A MONTHLY BASIS AS LONG AS THE TOWN OF INDIAN RIVER -
SHORES CONTINUES TO PROVIDE THE SAME OR BETTER LEVEL OF SERVICE
AS OUTL-INED IN THE BUDGET THEY SUBMITTED TO THE BOARD.
IN FURTHER DISCUSSION, IT WAS DECIDED THAT THE CHAIRMAN
AND THE ATTORNEY WILL WRITE THE TOWN OF INDIAN RIVER SHORES TO THIS
EFFECT.
CHAIRMAN WODTKE NOTED THAT HE HAS BEEN SERVING ON THE
DISTRICT MENTAL HEALTH BOARD, BUT HAS NOT BEEN ABLE TO ATTEND REGU-
LARLY BECAUSE THE MEETINGS ARE HELD ON WEDNESDAY NIGHTS. HE
STATED THAT THEY HAVE SUGGESTED THAT WE CONSIDER APPOINTING SHERIFF
SAM JOYCE. THE CHAIRMAN NOTED THAT WE ONLY HAVE ONE SEAT AVAILABLE
TO US.
ASSISTANT ADMINISTRATOR NELSON ANNOUNCED THAT THE GIFFORD
COLLECTOR STATION WILL BE OPENING ON NOVEMBER 1ST, AND THAT A PUBLIC
HEARING ON A RATE INCREASE FOR GENERAL DEVELOPMENT WILL BE HELD ON
DECEMBER 11TH AT 7:00 P.M.
THE FOLLOWING PROCLAMATION DESIGNATING AMERICAN EDUCATION
WEEK IS HEREBY MADE A PART OF THE MINUTES.
77_
OCT 2 41(%
P R O C L A M A T I O N
WHEREAS, The schools represent the best efforts
of the community, the state and the nation to improve the
quality of life; and
WHEREAS, Defining the schools' goals and evaluating
their results are the responsibilities of an informed and
involved citizenry; and
WHEREAS, There is a widespread need for better
communication and more cooperative relationships between
professional educators and the community;
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, that:
November 11 - November 17, 1979, shall be
designated as
"AMERICAN EDUCATION WEEK"
and all citizens are urged to:
Reaffirm their commitment to improving education
on all levels, and
Translate -that commitment into action by visiting
local schools.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By-
-
at�
William C. Wodtke, Jrtl, Chairman
Boa 41 fAGE824
Fr- -1
OCT 2 41979
BOOK 41 FA,, 825
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
No. 63500 - 63747 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE
IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO
ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SPPLEMENTAL
MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR,
REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF
THESE MINUTES.
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED
AND CARRIED, THE BOARD ADJOURNED AT 5:05 O'CLOCK P.M.
ATTEST:
o�
CLERK
CHAIRMAN
79
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