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WEDNESDAY, .JANUARY 23: 1980
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN REGULAR SESSION AT -THE COURTHOUSE, VERO BEACH,
FLORIDA, ON WEDNESDAY, JANUARY 23, 19801 AT 8:30 O'CLOCK-A.M.
PRESENT WERE WILLARD W. SIEBERT, JR., CHAIRMAN; ALMA LEE Loy, VICE
CHAIRMAN; WILLIAM C. WODTKE, JR.; R. DON DEESON; AND PATRICK B. LYONS.
ALSO PRESENT WERE COUNTY ADMINISTRATOR JACK G. JENNINGS; INTER-
GOVERNMENTAL COORDINATOR L. S. "TOMMY" THOMAS; GEORGE G. COLLINS, JR.,
ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JEFFREY K. BARTON,
FINANCE OFFICER; VIRGINIA HARGREAVES AND JANICE W. CALDWELL, DEPUTY
CLERKS.
THE CHAIRMAN CALLED THE MEETING TO ORDER.
COMMISSIONER DEESON LED THE PLEDGE OF ALLEGIANCE TO THE
FLAG, AND REVEREND FRED W. MCCLELLAN, FIRST PRESBYTERIAN CHURCH, GAVE
THE INVOCATION.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY AGREED TO ADD TWO EMERGENCY ITEMS TO BE
DISCUSSED IN THE COUNTY ATTORNEY'S MATTERS.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF DECEMBER 19, 1979.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR
MEETING OF DECEMBER 19, 1979, AS WRITTEN.
COMMISSIONER LOY THEN ASKED THE BOARD IF THERE SHOULD BE
A DISCUSSION LATER TODAY WITH THE PROPERTY APPRAISER REGARDING THE
FUNDING ISSUE CONCERNING REASSESSMENT. SHE CONTINUED THAT SHE WAS
APPALLED THAT THE STATE OF FLORIDA, THROUGH THE DEPARTMENT OF REVENUE,
COULD CHARGE THE COUNTY 12% INTEREST AND SHE SUGGESTED THAT WE MIGHT
CONSIDER BORROWING THE MONEY OURSELVES, AFTER DOING SOME RESEARCH.
ATTORNEY COLLINS' REACTION TO THE FUNDING ISSUE WOULD BE
TO SIT BACK AND SEE WHAT IS HAPPENING AROUND THE STATE. HE STATED
THAT THE DEPARTMENT OF REVENUE WILL ISSUE AN ORDER BY MARCH SETTING
OUT THEIR REQUIREMENTS AND IT WOULD BE APPROPRIATE TO RESPOND TO
THAT ORDER.
JAN 2 31980
42 pwx 548
i
JAN 231980
BOOK 42 PAGE 549
ATTORNEY COLLINS THEN INTRODUCED TONY C. SOVIERO, WHO
RECENTLY JOINED HIS FIRM.
MR. SOVIERO BRIEFLY INFORMED THE BOARD OF HIS BACKGROUND
IN EDUCATION AND PAST EMPLOYMENT EXPERIENCE. THE BOARD THEN WELCOMED
HIM AND CHAIRMAN SIEBERT FELT HE WOULD BE A GREAT ASSET TO THE COUNTY.
FINANCE OFFICER BARTON DISCUSSED WITH THE BOARD THE FOLLOWING
BUDGET AMENDMENT, WHICH IS ITEM 3C ON THE CLERKS AGENDA:
y-� BOARD OF COUNTY COMMISSIONERS
® WILLIAM C. WODTKE, JR., Chairman
g -r
} 9r ALMA LEE LOY, Vice Chairman
f`. WILLIARD W. SIEBERT, JR.
d ^ R. DON DEESON
PATRICK B. LYONS
JACK G. JENNINGS, Administrator 2145 14th Avenue Vero Beach, Florida 32960
January 17, 1980
MEMO TO: BOARD OF COUNTY COMMISSIONERS
FROM: ��'� JEFFREY K. BARTON, FINANCE OFFICER
IN RE: IGrant for the Spouse Abuse Program
This is a new L.E.A.A. grant which will flow thru our books.
Therefore, the mechanics must be set so moniescan be received
and bills can be paid.
I recommend the following budget to be adopted as part
of the approval of funds:
ACCOUNT TITLE
State Grants -
Spouse Abuse
JKB/ksg
ACCOUNT NO.
001-000-334-21.01
001-106-563-88.18
DEBIT CREDIT
$ 15,926
$ 15,926
MR. BARTON EXPLAINED THAT HE THOUGHT THE GRANT HAD BEEN
APPROVED IN TALLAHASSEE BUT AFTER SPEAKING, WITH THAT OFFICE YESTERDAY,
HE WAS ADVISED THAT HE WOULD HAVE A DEFINITE ANSWER BY NEXT FRIDAY,
AND THE FUNDING WOULD BE RETROACTIVE TO .JANUARY 1, 1980. HE
CONTINUED THAT, IN THE MEANTIME, THE SPOUSE ABUSE CENTER HAS BEEN
RECEIVING FUNDS TO OPERATE FROM THE GENERAL PUBLIC, AND THERE ARE
MATCHING FUNDS AMOUNTING TO $800 WHICH THE COUNTY HAD BUDGETED FOR THEM.
COMMISSIONER LAY EXPRESSED CONCERN THAT THE GRANT RECEIVED
TENTATIVE APPROVAL AND NOT FINAL APPROVAL, AND SHE DIDN°T WANT TO
SET A PRECEDENT; INSTEAD SHE ASKED IF IT WAS POSSIBLE TO PROVIDE THEM
WITH THE $800 THAT HAS BEEN SET ASIDE FOR THEM IN THE BUDGET.
MR. BARTON STATED THAT AFTER THE GRANT IS APPROVED, HE WOULD
LIKE TO PAY THE SPOUSE ABUSE CENTER ON A MONTHLY BASIS.
DIANE ZIMBEROFF, OF THE SPOUSE ABUSE CENTER, COMMENTED THAT
IF THEY HAVE NO FUNDS FOR THEIR TELEPHONE AND ELECTRICITY, THEY WOULD
NOT BE ABLE TO HANDLE ANY EMERGENCIES THAT MAY ARISE.
COMMISSIONER Loy SUGGESTED THAT WE PAY THE AGENCY THE
MATCHING FUNDS WE HAVE ALLOCATED IN OUR BUDGET, AND ONCE OUR FINANCE
OFFICER RECEIVES THE FINAL APPROVAL FOR THE GRANT FROM THE DEPARTMENT
OF COMMUNITY AFFAIRS, IT WILL BE ALL RIGHT TO PAY MONTHLY TO THE SPOUSE
ABUSE CENTER OF INDIAN RIVER COUNTY, SUBMIT THE REPORTS QUARTERLY TO THE
STATE AGENCY, AND THEN THE AGENCY WILL REFUND THE EXPENSES PAID IN
ADVANCE BY THE COUNTY.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY APPROVED THE BUDGET AMENDMENT IN THE
MEMO OF .JANUARY 17, 1980, SUBJECT TO THE COUNTY RECEIVING FINAL
APPROVAL OF THE GRANT FROM THE DEPARTMENT OF COMMUNITY AFFAIRS, AND
EXPENDING OUR BUDGETED FUNDS.
ASSISTANT ADMINISTRATOR NELSON NEXT DISCUSSED WITH THE
BOARD ITEM 3B ON THE CLERKS AGENDA PERTAINING TO TWO NEW AIR
CONDITIONERS FOR THE HEALTH DEPARTMENT. HE EXPLAINED THAT THE 10
TON UNIT PRESENTLY USED IN THE HEALTH DEPARTMENT IS OVER 20 YEARS
OLD AND THE AIR COMPRESSOR HAS NEEDED REPAIR THREE TIMES; PARTS HAVE
BEEN VERY DIFFICULT TO FIND. MR. NELSON COMMENTED THAT SOLAR SCREENING
HAS BEEN PUT ON THE WINDOWS AND THE TWO 5 TON UNITS WILL GIVE A 12
TON CAPACITY AND BOTH UNITS WILL NOT HAVE TO BE ON AT THE SAME TIME.
HE CONTINUED THAT TRIMM HEATING & AIR CONDITIONING RECOMMENDED THE
TWO UNITS; THE PRICE IS ACTUALLY $6,190.
CHAIRMAN WODTKE INQUIRED IF COMPETITIVE PRICES WERE OBTAINED
AND MR. NELSON REPLIED NEGATIVELY.
pox 42 PA, F 050
JAN 2 31980 3
JAN 2 31980 am *42 PAGE 551
COMMISSIONER LYONS DISCUSSED CEILING INSULATION AND FELT
HE WOULD RATHER SPEND LESS ON AIR CONDITIONERS AND MORE ON INSULATION.
HE THEN ASKED MR. NELSON TO INQUIRE ABOUT THE EFFICIENCY NUMBER THAT
IS ON EACH AIR CONDITIONER, AS HE FELT THIS WOULD HAVE A BEARING ON
WHICH AIR CONDITIONER WAS MORE EFFICIENT.
MR. NELSON STATED THAT HE WOULD CHECK OUT THE INSULATION
IN THE HEALTH DEPARTMENT, GET SEVERAL PROPOSALS FROM OTHER AIR
CONDITIONING BUSINESSES, AND OBTAIN THE EFFICIENCY NUMBERS FOR EACH
AIR CONDITIONER , AND REPORT BACK TO THE BOARD WITH THIS INFORMATION.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A PERMIT
TO CARRY A CONCEALED FIREARM FOR THE FOLLOWING:
ROBERT WILLIAM ORTON
ROBERT R. NIELSEN
ROBERT J. SCHASANE
DONALD L. HANCOCK
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY APPROVED THE CHAIRMAN'S SIGNATURE RE
THE FOLLOWING DEPUTIES APPOINTED BY SHERIFF JOYCE:
DOUGLAS E. NORMAN .JAMES H. SCHARFSCHWERDT
FRANK J. ALBER, JR.
DARLENE A. RIHERD
RILEY E. WELCHANCE
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT FOR UN-
ANTICIPATED REVENUE IN THE SHERIFFS DEPARTMENT FOR REPAIRS ON THE
RADIO EQUIPMENT, AS FOLLOWS:
ACCOUNT TITLE ACCOUNT I10. CREDIT DEB -IT
INSURANCE PROCEEDS 001-000-364-32.00 $1,423
MAINTENANCE OF
EQUIPMENT 001-600-521-34.63 $1,423
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
LYONS,.THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAY ROLLS, CIRCUIT
COURT, FALL TERM, 1979, IN THE AMOUNT OF $155.20; AND COUNTY COURT,
DECEMBER -.JANUARY TERM, 1980, IN THE AMOUNT OF $158.04.
4—
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY APPROVED AN EMERGENCY ITEM ON THE CLERK'S
AGENDA FOR RETROACTIVE OUT -OF -COUNTY TRAVEL TO FT. PIERCE FOR PETE
SPYKE, AGRICULTURAL SPECIALIST, ON .JANUARY 18, 1980.
THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE
IN THE OFFICE OF THE CLERK:
REPORT OF TRAFFIC VIOLATION BUREAU - SPECIAL TRUST FUND,
DECEMBER, 1979
TRAFFIC VIOLATION FINES BY NAME, DECEMBER, 1979
ANNUAL FINANCIAL REPORT OF UNITS OF LOCAL GOVERNMENT - 1979,
FROM FELLSMERE WATER CONTROL DISTRICT
SENIOR PLANNER DAVID MARSH APPEARED BEFORE THE BOARD IN
REGARD TO A REQUEST FROM THE FRIENDSHIP BAPTIST CHURCH FOR RELEASE
OF EASEMENT IN BLOCK A, GARDEN OF EDEN SUBDIVISION, HE STATED THIS
REQUEST IS FOR THE RELEASE OF FIVE EASEMENTS, AND THE PLANNING STAFF
RECOMMENDED APPROVAL BASED ON THE ESTABLISHMENT OF AN ADDITIONAL 5'
EASEMENT. HE CONTINUED THAT THIS WOULD PROVIDE FOR ADEQUATE SERVICE
CAPABILITIES BETWEEN THE CHURCH PARCEL AND THE OTHER LOTS TO THE
NORTH.
ATTORNEY COLLINS FELT THERE SHOULD BE A BURDEN ON THE
REQUESTING PARTY TO FURNISH EITHER AN ATTORNEY'S OPINION OF TITLE
OR SOME VERIFICATION FROM A TITLE COMPANY AS TO WHO OWNS THE PROPERTY
SO THE BOARD KNOWS WHO IS GOING TO GRANT THE COUNTY THE EASEMENT.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 80-12 APPROVING
RELEASE OF EASEMENTS IN BLOCK A, GARDEN OF EDEN SUBDIVISION, AS
REQUESTED BY FRIENDSHIP BAPTIST CHURCH, BASED ON THE ESTABLISHMENT
OF AN ADDITIONAL 5' EASEMENT, AND CONTINGENT UPON RECEIVING AN
OPINION OF TITLE, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN; THESE
DOCUMENTS TO BE PREPARED AT THE EXPENSE OF THE APPLICANT.
THE HOUR OF 9:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED,
TO -WIT:
JAN 2 3.19 80 5 : -,BOOK e 42 PACE 552
I
---- - -�-AN �� 180---- - -- ----- --- ---- ---- - -- - --
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
- - -- - - - -
-100K - 42- PAGE 551=
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a'� C�
in the matter of
i�-d-
in the
fished in said newspaper in the issues of
Court, was pub -
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tiserr.ent; and affiant further says that he has neither paid nor promised any person; firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before me this
(SEAL)
(Clerk of the Circuit
day of �`�' A.D.
V Business Manager)
ndian River County, Florida)
NOTICE _
NOTICE IS HEREBY GIVEN that the Board
Of County Commissioners of Indian River
County, Florida, will hold a public hearing w
January 23, 1980 at 9:00 A.M. in the County
Commission Chambers in the Indian River
County Courthouse to consider the adoption of:
An Ordinance`relating to set backs on each
side of State Road 60 from the West boundary
of the main canal to the .Interstate 1-95 In-
terchange, providing for building construction
set backs of at least 7S feet from the right -of=
way line of State Road 60, providing for an
extension of said set backs West of the In-
ferstate I -9S Interchange, providing penalties.,
and providing for an effective date.
BOARD OF COUNTY COM
MISSIONERSOF
INDIAN RIVER COUNTY, FLORIDA
-s-William C. Wodtke, Jr.
Chairman
Dec. 23,1979.
ATTORNEY COLLINS NOTED THAT THIS ORDINANCE IS CONSISTENT
WITH THE ONE PASSED LAST YEAR TO PROTECT STATE ROAD 60 AS A SCENIC
HIGHWAY, AND HE WAS HOPEFUL THAT THE COMPREHENSIVE LAND PLAN WOULD
PROVIDE FOR THIS ITEM SO THAT WE WOULD NOT HAVE TO DO THIS ON A
YEARLY BASIS.
PLANNING DIRECTOR REVER AGREED THAT THERE WILL BE A
DESIGNATION IN THE COMPREHENSIVE LAND PLAN TO TAKE CARE OF STATE ROAD
60 AS WELL AS ALL OTHER MAJOR ROUTES TO THE CITY.
THE CHAIRMAN ASKED IF THERE WAS ANY ONE PRESENT WHO WISHED
TO SPEAK. THERE WERE NONE.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE N0. 80-1.
U��
INDIAN RIVER COUNTY ORDINANCE NO. 80-1
AN ORDINANCE RELATING TO SET BACKS ON EACH SIDE
OF STATE ROAD 60 FROM THE WEST BOUNDARY OF THE
MAIN CANAL TO INTERSTATE 95 INTERCHANGE;.PROVIDING
FOR BUILDING CONSTRUCTION SET BACKS OF AT.LEAST
SEVENTY-FIVE (75') FEET FROM THE RIGHT OF WAY LINE
OF STATE ROAD 60; PROVIDING FOR PENALTIES: AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Indian River
County recognizes that the opening of Interstate 95 into St.
Lucie County will tend to,attract a corridor of auto -oriented
enterprises along State Road 60 and this movement should be
carefully regulated in order to protect the locality's main
traffic accessway to Interstate 95 to insure sound stablized
economic growth; and
WHEREAS, Indian River County is attempting to comply with
the State Comprehensive Land Use Statutes for the purposes of
insuring orderly development within Indian River County; and
WHEREAS, a rapid development of property on either side of
State Road 60 would frustrate the purposes of orderly planned
growth within the County;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That:
Section 1. There is hereby established a seventy-five
(75') foot building construction set back on all real property
fronting on State Road 60 from the West boundary line of the
Main Canal to the Interstate 95 Interchange. The required
set back shall be measured from the road right of way line.
Section 2. Anyone who violates this Ordinance shall be
quilty of a misdemeanor and upon conviction, shall be punished
by a fine not exceeding Five Hundred Dollars ($500.00) or by
imprisonment in the County Jail not exceeding sixty (60) days
or by both fine and imprisonment. Each day in violation shall
constitute a separate offense. The Board of County Commissioners
JAN 2 3190 BOOK u pw 554
I -
JAN 2 31990
wK 427 PAGE 5-55
may bring suit to restrain, enjoin or otherwise prevent
violation of this Ordinance in the Circuit Court of Indian
River County.
Section 3. This Ordinance shall take effect on and
be in effect for a period of one (1) year. All other
Ordinances and Amendments thereto that are in conflict
with this Ordinance are hereby repealed.
This Ordinance shall take effect on January 28, 1980.
COMMISSIONER Loy PRESENTED THE FOLLOWING REPORT TO THE
January 23, 1980
REPORT RE: STATUS OF TRACKING STATION PROPERTY
The Federal Government has declared the final 8 acres of
the tracking station property,as surplus. The property has
been turned over to General Services Administration for dis-
position. We can anticipate receipt of notice of this property
for disposal in the next few weeks, as no federal agency
expressed an interest in this property.
Due to the interest in this specific property, G.S.A.
recently made an inspection of this property as well as the
property already owned by the county.
We have been requested to respond immediately to their
recommendations to provide public access to the ocean front
property and begin developing our 1.21 acres. This can be
accomplished in a positive manner by taking the following
action:
1. Adopt a resolution indicating our desire to create
and completely develop an outstanding facility, and
allocate up to $50,000 from Revenue Sharing for this
project
2. Authorize the County Administrator to create a service
road, fence in the polishing pond and create walk-
ways on county property, and take other admininistrative
steps necessary to provide a public beach access.
3. Request the Park Committee to complete their proposed
development plan and present to the Town of Indian
River Shores as soon as possible. Authorize the
Planning Department to assist with these procedures.
4. Authorize the Chairman to respond to General Services
Administration indicating the positive actions taken
by the county.
Alma Lee Loy
Commissioner
COMMISSIONER LOY NOTED THAT IF WE COULD ACCOMPLISH THESE
THINGS TODAY, THE CHAIRMAN COULD INDICATE TO THE GENERAL SERVICES
ADMINISTRATION THAT WE HAVE RESPONDED TO THEIR REQUEST, AND MOVE ON
TO PROVIDING PROPER BEACH ACCESS TO THE GENERAL PUBLIC. SHE CON-
TINUED THAT SHE WOULD LIKE TO HAVE SOME MINOR UNDERBRUSHING DONE ON
THE COUNTY PROPERTY TO OPEN IT UP AND MAKE IT ACCESSIBLE TO THE
GENERAL PUBLIC.
JAN 2.3 1980 9 BOOK 42 PAGE 556
JAN 231980
4FACE 557
SENIOR PLANNER MARSH THEN DISTRIBUTED A DRAWING SHOWING
HOW THE PROJECT COULD BE ACCOMPLISHED IN THREE PHASES. HE EXPLAINED
THE FIRST PHASE WOULD BE OPENING IT UP FOR PUBLIC ACCESS, AS PER
GENERAL SERVICES ADMINISTRATIONS INSTRUCTIONS, AND RECOMMENDED
THAT A SIGN BE INSTALLED AT THE ENTRANCE. NEXT, THEY WOULD GRADE
AND CLEAR ONE WALKWAY TO TIE IN TO THE EXISTING .CROSSWALK LOCATED DUE
EAST OF THE PEBBLE BEACH VILLAS CONDOMINIUMS, AND INSTALL A FENCE
AND SCREENING; THIS PROPERTY WOULD BE OPENED FOR PUBLIC BEACH ACCESS.
MR. MARSH REPORTED THAT NEXT THEY WOULD DEVELOP A NORTH WALKWAY AND
PUT UP A SMALL GAZEBO AND MAKE A PARKING AREA,.AND TRY TO DESIGN IT
SO THAT IT WOULD NOT CONFLICT WITH THE PHASE THREE OVERALL CULTURAL
PARK.
DISCUSSION FOLLOWED ABOUT THE FENCE AND WHETHER OR NOT THE
GATES WOULD BE CLOSED AT NIGHT. IT WAS DECIDED THAT SOME ADDITIONAL
HELP MIGHT BE NEEDED FOR THIS JOB BUT IN THE MEANTIME, OUR LITTER
OFFICER MIGHT DO THIS JOB.
COMMISSIONER Loy COMMENTED THAT SHE DID NOT ANTICIPATE
ANY PROBLEMS FROM THE TOWN OF INDIAN RIVER SHORES IN ERECTING A
FENCE AROUND THE POLISHING PLANT.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 80-13 WHICH EN-
COMPASSES THE FOUR POINTS OUTLINED IN THE MEMO OF .JANUARY 23, 1980.
1pm
RESOLUTION NO. 80-13
A RESOLUTION ESTABLISHING A BEACH ACCESS
ON COUNTY AND FEDERAL GOVERNMENT OCEAN
FRONT LANDS, COMMONLY REFERRED TO AS THE
"TRACKING STATION PROPERTY", AND ALLOCATION
OF MONIES AND AUTHORIZATION OF ACTS IN
PURSUANCE THEREOF.
WHEREAS, Indian River County presently owns 6.21 acres,
more or less, of ocean front lands abutted by a track of Federal
Government lands that are or may become available to the county
as surplus property and which property is commonly referred to
as the "Tracking Station" property, and
WHEREAS, the county deems it in the public interest and
general welfare of the citizens of Indian River County to establish
a public beach access on said lands for the benefit of all the
citizens of Indian River County, and
WHEREAS, the Government Services Administration, an agency
of the federal government charged with disposing of surplus federal
lands, has requested that the county take certain steps to aid the
county in securing title to the surplus federal lands known as the
"Tracking Station Property", and
WHEREAS, the Indian River County Board of County
Commissioners and its departments desire to cooperate fully with
the Town of Indian River Shores regarding the establishment of
said beach access and subsequent phases as become necessary,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
1. The amount of $50,000.00 is hereby allocated from
County Revenue Sharing Funds to create and develop said beach
access and development of subsequent phases as become necessary.
2. The County Administrator is hereby authorized to
create a service road, fence in the existing polishing pond
and create walkways on county property and take other administra-
tive steps necessary to provide public beach access and to avoid
JAN 2.3 1980 -PACCE
1
possible trespass to existing structures on said lands.
3. The Park Committee is hereby directed to complete
the proposed development plan with assistance from the Planning
Department and present the same to the Town of Indian River
Shores.
4. The Chairman of the Board of County Commissioners
of Indian River County, Florida, is hereby authorized to respond
to the General Services Administration indicating the positive
actions taken by the county.
Said Resolution shall become effective as of the 23rd
day of January , 1980.
ATTEST:
01
Fie, a, ,�night, Clerk
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By -
i 11ar. Siebert, Jre
Chairman
- 2 -
0861 E Z N v r
THE BOARD NEXT BROUGHT UP THE 1980 HOLIDAY SCHEDULE
AS SET OUT IN THE FOLLOWING MEMO:
BOARD OF COUNTY COMMISSIONERS
WILLIAM C. WODTKE, JR., Chairman
ALMA LEE LOY, Vice Chairman
WILLIARD W. SIEBERT. JR.
R. DON DEESON
F; -ITRICK B. LYONS
JArK G. JENNINGS, Administrator 2145 14th Avenue ;` Vero Beach. Florida 32960
January 10, 1980
MEMORANDUM
TO: Elected Officials, Indian River County
FROM: P-^ ert Donl6 �-Lonnel Director
SUBJECT: 1980 Holiday Schedule
At its regular meeting on January 9, 1980, the Board of County Connissioners
tentatively approved the following Holiday Schedule for 1980 for the closing of Court..
House Offices:
HOLIDAY
1.
Memorial Day
2.
Independence Day
3.
Labor Day
4.
Veterans' Day
5.
Thanksgiving Day
6.
Friday after Thanksgiving
7.
Christmas Day
8.
Friday after Christmas
9.
New Year's Day
9 Total
DATES
Last Monday in May
July 4th
First Monday in Sept.
November 11th
Fourth Thurs. in Nov.
Fourth Fri. in Nov.
December 25th
December 26th
January 1, 1981
DATES COURT-
HOUSE CLOSED
May 26th
Fri., July 4th
Sept. 1st
Tues., Nov. 11th
N6 enih-er 27th
November 28th
Thurs., Dec. 25th
Fri., Dec. 26th
Thurs., Jan. 1st
If, for any reason, you do not agree with this schedule, please notify me
within the next seven (7) days.
JAN 2.3 1980 13
-6t1( +'E
JAN 2 31980 Boos 42 PAGE 561
ASSISTANT ADMINISTRATOR NELSON DISTRIBUTED LETTERS FROM
FREDA WRIGHT, CLERK OF THE CIRCUIT COURT; SAM JOYCE, SHERIFF; AND
ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS, REQUESTING THE BOARD ADD
GOOD FRIDAY AS A HOLIDAY►
MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COM-
MISSIONER Loy, TO ACCEPT THE 1980 HOLIDAY SCHEDULE AS SET OUT IN
THE JANUARY 10, 1980 MEMO.
CHAIRMAN SIEBERT ASKED IF THE CONSTITUTIONAL -OFFICERS HAVE
THE RIGHT TO SET THEIR OWN HOLIDAY SCHEDULES.
ATTORNEY COLLINS STATED HE THOUGHT IT CAME BEFORE THE BOARD
TO ESTABLISH A POLICY.
COMMISSIONER LYONS COMMENTED THAT HE WOULD LIKE TO APPROACH
THIS MATTER DIFFERENTLY AND CONSIDER CALLING THE NINTH HOLIDAY AS A
FLOATING HOLIDAY AND SCHEDULE IT ACCORDING TO THE BOARDS WISHES. HE
FELT THAT WE HAVE ONE HOLIDAY THAT IS A MAVERICK - THE FRIDAY AFTER
CHRISTMAS, AND THAT IS THE HOLIDAY THAT COULD BE TERMED A FLOATING
HOLIDAY.
DISCUSSION FOLLOWED ALONG THOSE LINES.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
PASSED UNANIMOUSLY.
THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK
READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida;j that the attached copy of advertisement, being
in the matter of
—
NOTICE
NOTICE IS HEREBY GIVEN that the Board
7/
of County Commissioners of Indian River
'County,
Florida, will hold a public hearing on I
January 23, 1980, at 9:30 A.M. in the County
Commission Chambers in the Indian River
in the Court, was pub-
County Courthouse to consider the adoption of:
An Ordinance Amending Indian River
y
County Ordinance 71-3, as amended, Section 23
; Site Plan Approval,
lished in said newspaper in the issues of �.,/ �-� - ` ,9'
by providing a procedure
for minor site plan approvals for applications
regarding, decks, fences, mobile homes, pole
barns, pools, porches, terraces and walls;
additionally, for principle structures with up to
2,500 square feet of impervious surfaces and
s that the said Vero Beach Press -Journal is a newspaper published at
Affiant further says
Yditions
additions to existing structures which �
do not exceed the lessor of fen Percent
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
(10 percent) of the existing structure of 2,500-
been continuously published in said Indian River County, Florida, weekly and has been entered
i
square feet; providing for right to a hearing ;
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
and appeal.
for a period of one year next preceeding the first publication of the attached copy of adver-
Board of County Commissioners
tisement; and affiant further says that he has neither paid nor promised any person, firm or
1 of Indian River County, Florida
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
BY: -s -William C. WodtkeJr., Chairman
tisement for publication in the said newspaper.
Dec.18,1979.
Sworn to and subscribe .,,d befgje me this 4O day of _LB. A.D.
✓' a �` - °"a G �usiness Manager)
(Clerk of the Circuit Court, Ini(lia River County, Florida)
(SEAL)
PLANNING DIRECTOR REVER CAME BEFORE THE BOARD TO DISCUSS
AMENDING ZONING ORDINANCE, SECTION 23: SITE PLAN APPROVAL, AND
EXPLAINED THE PROPOSED CHANGE IS TO ACCOMPLISH A PROCEDURE CALLED
"MINOR SITE PLAN APPROVAL, HE STATED THEY WANT TO RELIEVE THE BURDEN
OF HAVING MEETINGS FOR VERY MINOR REQUESTS SUCH AS POOLS, PORCHES,
AND SMALL STRUCTURES, AND ANYTHING THAT WOULD NOT REQUIRE APPROVAL
FOR DRAINAGE. MR. REVER SUGGESTED A CHANGE IN THE WORDING ON THE FIRST
PAGE IN SECTION 23 PERTAINING TO THE REQUIREMENT FOR DRAINAGE REVIEW.
DISCUSSION FOLLOWED ABOUT DRAINAGE REVIEW AND WHETHER OR
NOT IT SHOULD BE SUBMITTED TO THE ADMINISTRATOR FOR APPROVAL.
ADMINISTRATOR KENNINGS FELT THAT AS LONG AS THE PLANNING
DEPARTMENT WAS FAMILIAR WITH THE DRAINAGE IN THE COUNTY, THEY COULD
HANDLE THE PROCEDURE, BUT HE STRESSED THAT IF THERE IS A TOTAL LACK
OF KNOWLEDGE OF DRAINAGE IN CERTAIN AREAS, IT CAN CAUSE PROBLEMS.
JAN 2 31980 15 BOOK PA 004
JAN 2 3 19 90 BOOK 42 PACE 563
PLANNER REVER REITERATED THAT THE PLANNING DEPARTMENT WOULD
CONFER WITH THE ADMINISTRATOR, AND OTHER PEOPLE NECESSARY, IN ORDER
TO RESOLVE A DRAINAGE PROBLEM, AND NOT TAKE IT UPON THEMSELVES TO
HANDLE A DIFFICULT PROBLEM ALONE. HE THEN DISCUSSED AN APPEAL PROCEDURE
FOR AN APPLICANT WHO MIGHT FEEL DISSATISFIED WITH THE DECISION MADE
BY THE PLANNING & ZONING DEPARTMENT.
WERE NONE.
DISCUSSION FOLLOWED PERTAINING TO THE SUGGESTED CHANGES.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO SPEAK. THERE
PN ,MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE N0, 80-2 WITH AMEND-
MENTS AS TO PARAGRAPH 2 (A) BY PROVIDING THE DRAINAGE REVIEW WILL
BE HANDLED AS PROVIDED IN THE SITE PLAN ORDINANCE; BY ADDING THE WORD
`INVOLVES° BEFORE THE SENTENCE IN PARAGRAPH 2 (D); AND BY AMENDING
SECTION 3 TO PROVIDE FOR AN APPEAL PROCEDURE ON A MINOR SITE PLAN
BASIS TO APPLICANTS WHOSE MINOR SITE PLAN HAD BEEN DISAPPROVED.
INDIAN RIVER COUNTY ORDINANCE NO. 80-2
AN ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCE
71-3, AS AMENDED, SECTION 23 SITE PLAN APPROVAL, BY
PROVIDING A PROCEDURE FOR MINOR SITE PLAN APPROVALS
FOR APPLICATIONS REGARDING DECKS, FENCES, MOBILE
HOMES, POLE BARNS, POOLS, PORCHES, TERRACES, AND
WALLS; ADDITIONALLY, FOR PRINCIPLE STRUCTURES WITH
UP TO 2500 SQUARE FEET OF IMPERVIOUS SURFACES AND
ADDITIONS TO EXISTING STRUCTURES WHICH ADDITIONS
DO NOT EXCEED THE LESSOR OF TEN PERCENT (10%) OF
THE EXISTING STRUCTURE OR 2500 SQUARE FEET; PRO-
VIDING FOR RIGHT TO A HEARING AND APPEAL
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
1. Sub -section M and N of Indian River County Ordinance
71-3, as amended, Section 23, are hereby amended to read Sub-
sections N and 0, respectively.
2. A new sub -section M of Section 23 is hereby added to
Indian River County Ordinance 71-3, as amended, which new section
shall read as follows:
Section 23.
M. Nothwithstanding other provisions of this Ordinance,
there is hereby created a procedure for the approval of
minor improvements such as decks, fences, mobile home
installations, pole barnp,pools, porches, terraces,
walls, etc., which improvements:
(a) do not require drainage review as provided in
Section 23 of Indian River County Ordinance 71-3,
as amended.
(b) involve permanent structures that do not exceed
2500 square feet in size, including impervious
surfaces, such as driveways and sidewalks.
(c) involves additions to existing structures which
do not exceed the lesser of ten percent (10%) in-
crease over the previous original structure's total
square footage or 2500 square feet, including other
impervious surfaces (parking spaces, drives and
loading areas).
JAN 2 31980 tax }42 a.w564
A JAN 2 31980 BOOK PACE 565
(d) involves impervious structures, such as drive-
ways, parking, sidewalks that, after completion, do
not exceed the lesser of fifteen percent (15%) of the
existing area or 20 parking spaces.
3. All applications for minor site plans must be submitted
in the form similar to that as required in Section 23, sub -section
4-F, Indian River County Ordinance 71-3, as amended, subject to
the Planning and Zoning Department waiving the requirements for
such information as shall not be deemed necessary for the
particular application. The application shall be filed no later
than seven (7) working days prior to the Friday preceding the
Planning and Zoning Commission meeting next scheduled. The Planning
and Zoning Department shall either approve or disapprove the minor
site plan application as filed. In the event of approval by the
Planning and Zoning Department, the matter will be placed on the
Planning and Zoning Commission Agenda for a summary approval.
Summary approval shall be granted a recommended minor site plan
unless the Planning and Zoning Commission determines special
conditions exist that warrant the applicant filing an expanded
application for site plan approval pursuant to Section 23 of
Indian River County Ordinance 71-3, as amended. In the event
of disapproval of the submitted minor site plan by the Planning
and Zoning Department, the applicant shall have the right to
appeal the disapproval to the Planning and Zoning Commission at
the next scheduled regularly called meeting. In the event of
disapproval by the Planning and Zoning Commission, the applicant
shall have the right of appeal as provided in Section 23 of Indian
River County Ordinance 71-3, as',amended.
THIS ORDINANCE SHALL BECOME EFFECTIVE ON THE 28th DAY
OF January , 1980.
STATE OF FLORIDA
INDIAN RIVER, COUNTY
THIS IS TO CERT!;Y THAT THIS IS
A TRUE AND CORP,_`T , COPY OF
THE ORIGINAL ON F:L E IN THIS
OFFICE.
FREDA WRI ;HT, CLERK
BY Af D.C.
DA E____1
CHAIRMAN SLEBERT THEN DISCUSSED THE PROPOSED STREET AND -HOUSE
NUMBER CHANGES IN SUMMERPLACE SUBDIVISION, AND READ THE FOLLOWING
PETITION SIGNED BY THE HOMEOWNERS IN SUMMERPLACE:
Page I of 2 pages
2105 Pebble Path, East
Summerplace
Vero Beach, Fla. 32960
November 20, 1979
To the county commisioners, care o Mr. Jennings:
With respect, the following people wish to show their protest to the announceiment that
house numbers in Summerplace are to be changed. This decision by you will cause a
considerable loss of money as well as a great amount of inconvenience to us since many
of our business and personal correspondents have just made the changes that were forced
upon us by the post office.
This change is hard to understand since the house numbers were given out by the county
office. Some of us questioned the numbers at that time and were told that this was the
way it was going to be. Most of us have had checks and stationery printed, as well as
buying costly signs for our houses and mail boxes. These will become obsolete if you
make this change. We heartily disapprove of this action.
Furthermore, we see no reason for it since Summerplace is a very small area and we cannot
see how confusion would develop. Our mailing addresses now include "Bast" and "West"
and since the streets are so short, It is -almost impossible for anybody to get confused.
Very truly yours,
JAN 2 31980
J-4
6k,
41-
L
We
Boa 42* PA,466
JAN 2 31990
Boox 42 PAGE 567
Page 2 of petition opposing changing house numbers in Summerplace.
IX
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20
SENIOR PLANNER MARSH REPORTED THAT THE PLANNING DEPARTMENT
WAS DIRECTED TO PROCEED WITH IMPLEMENTATION OF THIS PROJECT SEVERAL
MEETINGS AGO, AND SINCE THEN HE HAS CONTACTED MRS. KENNEDY, OF THE
SUMMERPLACE HOMEOWNERS ASSOCIATION, BUT THEY HAVE NOT YET SET UP A
MEETING AS HE WANTED TO GET SOME DIRECTION FROM THE BOARD. HE WAS
ADVISED BY MRS. KENNEDY THAT A VAST MAJORITY OF THE HOMEOWNERS ARE
AGAINST CHANGING THE STREET AND HOUSE NUMBERS, AND CONTINUED THAT HE HAS NOT
RECEIVED ANY ADVERSE COMMENTS FROM THE SERVICE PROVIDERS. MR. MARSH
NOTED THAT VIC FOSTER OF THE INDIAN RIVER COUNTY VOLUNTEER AMBULANCE
SWUAD SUGGESTED THAT THE HOMEOWNERS POST THEIR NUMBERS ON THEIR HOUSES
TO AID THEM IN EMERGENCY CALLS.
MR. MARSH THEN SUMMARIZED THE SITUATION LEADING UP TO THIS
POINT. HE STATED THAT AT THE REQUEST OF ONE PROPERTY OWNER IN
SUMMERPLACE, THEY REVIEWED AND FOUND A BASIC MISTAKE THAT OCCURRED
ABOUT FIVE YEARS AGO IN THE PLANNING DEPARTMENT - THE NUMBERS WERE
ASSIGNED IN ASCENDING ORDER INSTEAD OF DESCENDING ORDER TO THE HOUSES
IN THAT SUBDIVISION.
CHAIRMAN SIEBERT STATED THAT THE BOARD REGRETS THE MISTAKE,
AND THEY NOW MUST TAKE ACTION TO CORRECT THE SITUATION.
MR. PICKARD, OF SHELL LANE, COMMENTED TO THE BOARD THAT
THEIR SUBDIVISION IS JUST A POCKET OF HOMES, SURROUNDED BY NATURAL
BOUNDARIES AND DOES NOT CAUSE ANY PROBLEMS IN AN EMERGENCY SITUATION.
HE CONTINUED THAT THE PERSON WHO COMPLAINED ABOUT THIS SITUATION HAS
AN AIA ADDRESS AND DID NOT SEE HOW HE COULD VENTURE ON THIN ICE AND
SAY THAT THE PEOPLE LIVING IN THE SUBDIVISION HAD PROBLEMS. MR.
PICKARD FELT THAT THE BOARD HAD ENOUGH PROBLEMS, AND THIS WOULD ONLY
ADD TO THEM.
WILLIAM BALL, OF PEBBLE PATH EAST, POINTED OUT THAT THEIR
ADDRESSES HAVE BEEN CHANGED SEVERAL TIMES WITH THE POST OFFICE; AND
THEIR REAL PROBLEM IS THAT THEIR MAIL GOES TO WABASSO, BUT THEIR
ADDRESS IS VERO BEACH. HE STATED THAT HE NEVER HAD ANY PROBLEMS
GETTING THE AMBULANCE ON SEVERAL OCCASIONS, AS WELL AS OTHER SERVICE
PROVIDERS. MR. BALL REPORTED THAT AT THE TIME THE NUMBERS WERE
21
MEW,
JAN 2 31990 �QeK
w
JAN 2 3 19 80 som 42 FdGE 569
ISSUED, SOME OF THE HOMEOWNERS QUESTIONED THE PLANNING DEPARTMENT BUT
WERE TOLD THAT WAS THE WAY THE NUMBERS WERE TO BE. HE ALSO MENTIONED
THAT BY CHANGING THE NUMBERS, IT WOULD PROVE VERY COSTLY TO ALL OF
THE HOMEOWNERS.
COMMISSIONER WODTKE STATED IT WAS VERY IMPORTANT THAT WE
DO AUTHORIZE THE NUMBER CHANGE AND GIVE THE OWNERS SUFFICIENT TIME
TO MAKE THESE ADJUSTMENTS.
DISCUSSION FOLLOWED REGARDING ASSIGNING THE NEW NUMBERS.
COMMISSIONER LYONS ASKED WHERE THE MAILBOXES WERE LOCATED.
MR. BALL ANSWERED THAT THE MAJORITY OF THE PEOPLE HAVE
MOVED THEIR MAILBOXES IN FRONT OF THEIR HOMES BUT AT FIRST THEY HAD
THEM ALL ON PLATFORMS. HE STATED THAT, AS A CORPORATION, THEY WERE
BEING TAXED BY THE COUNTY FOR THE MAILBOXES AND FOR BEACH ACCESS.
CHAIRMAN SIEBERT REPORTED THAT HE DID NOT WANT THERE TO
BE A MISUNDERSTANDING THAT THEY ARE TAXED FOR THIS; THEY ARE ASSESSED
FOR THE IMPROVEMENTS ON THE PROPERTY IN COMMON OWNERSHIP.
COMMISSIONER Loy COMMENTED THAT SHE WOULD LIKE TO SET A
TIME FAR ENOUGH IN ADVANCE, SUCH AS .JANUARY 1, 1981, TO IMPLEMENT
THIS CHANGE; AND SHE FELT THEY HAD NO CHOICE IN THIS MATTER BUT SHE
WANTED TO MAKE IT AS COMPATIBLE AS POSSIBLE WITH THE HOMEOWNERS.
CHAIRMAN SIEBERT ADVISED THE HOMEOWNERS IN THE AUDIENCE
THAT THE NEW NUMBERS WERE READY AT THIS TIME. HE CONTINUED THAT THE
PLANNING DEPARTMENT WOULD SEND OUT A LETTER TO EACH HOMEOWNER ADVISING
THEM OF THEIR NEW ADDRESS AND THE EFFECTIVE DATE NOW, AND THEN AGAIN
AT A SPECIFIED LATER DATE.
ATTORNEY COLLINS SUMMARIZED THAT WHAT THE BOARD IS DOING
TODAY IS TO TAKE THE ACTION EFFECTIVE .JANUARY 1, 1981 AND AUTHORIZE
THE PLANNING DEPARTMENT TO SEND OUT LETTERS OF IMPLEMENTATION AND
NOTICE TO THE PROPERTY OWNERS.
DISCUSSION FOLLOWED ALONG THOSE LINES AND WHETHER OR NOT
CERTIFIED MAIL WOULD BE NECESSARY.
WILLIAM KOOLAGE, 815 26TH AVENUE, ASKED WHAT THE HOMEOWNERS
SHOULD DO WHEN THEY START ORDERING CHECKS IN THE MEANTIME, AND
COMMISSIONER LYONS SUGGESTED THEY USE THE FREE CHECKS ISSUED BY THE
BANKS.
_ - JM -
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 80-14 SETTING
FORTH THE CHANGE CORRECTING THE ADDRESSES FOR THE PROPERTY LOCATED
IN SUMMERPLACE SUBDIVISIONJMAKING THE EFFECTIVE DATE FOR THIS CHANGE
JANUARY 1, 1981, AND THAT EACH HOMEOWNER SHALL BE NOTIFIED BY THE
PLANNING DEPARTMENT NOW BY REGULAR MAIL AND THEN AT LEAST 60 DAYS
PRIOR TO JANUARY 1, 1981 BY CERTIFIED MAIL.
JAN 231990
23 BBQ ' 42 IAGE 570
F,
JAN 2 31980
RESOLUTION NO. 80-14
BOOK 42 PAGE 571
WHEREAS, the Plannning and Zoning Department of Indian
River County has recommended to the Board of Commissioners of
Indian River County, Florida that the number system within
SU111MERPLACE SUBDIVISION requires revisions to conform with a
uniform plan throughout Indian River County; and
WHEREAS, the Board of County Commissioners, in an attempt
to avoid undue hardship to the residents within the SUMMERPLACE
SUBDIVISION, designates January 1, 1981 as the date the
number changes will take effect.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That effective
January 1, 1981 number changes will become effective in the
SUMMERPLACE SUBDIVISION. In the interim period of time:
A. The Planning and Zoning Department is directed to
issue a notice to all existing residences in the SUMMERPLACE
SUBDIVISION as to the action of the Board. The notice shall
include the residence's current number and the new number that
will be in effect as of January 1, 1981.
B. Sixty (60) days prior to January 1, 1981, the Planning
and Zoning Department, by certified mail, is directed to send
a second notice to each of the residences within the SUMMERPLACE
SUBDIVISION, advising the owner according to the tax roll as to
the owner's new number and the effective date that the new number
will be used by the various governmental authorities.
BE IT FURTHER RESOLVED, That in the interim as new
residences are built within the SUMMERPLACE SUBDIVISION, the
Planning and Zoning Department will give the new residences
a number consistent with the present numbering system and
a notice that the number will be changed effective January 1,
1981, which notice will include the new number that will be
used after January 1, 1981.
This Resolution shall become effective as of the
23rd day of January , 1980.
BOARD OF COUNTY COMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By /4�27
4illar 11. Siebert,Jr , h irman
i;;;,)Attest:
Freda -Wright, C1
rk
JAN 2.3 1980 BOOK 42 PAGE 579
r -
J A N 2 3 19 80 BOOK 42 PAGE 573
SENIOR PLANNER MARSH THEN PRESENTED A PROGRESS UPDATE ON
THE WABASSO BEACH PARK DEVELOPMENT PLAN AND STATED THAT HE DID RECEIVE
VERBAL AUTHORIZATION THAT THE GRANT HAS RECEIVED PRELIMINARY APPROVAL
AND WILL GO TO THE GOVERNORS CABINET AS SOON AS THEY RECEIVE THE
NECESSARY PERMITS. HE HOPED TO GET NOTIFICATION WITHIN THREE WEEKS
AS TO THE PERMIT ACCEPTANCE, AND THEN THE DEPARTMENT OF ENVIRONMENTAL
REVIEW WILL SEND OUT THEIR PAPERWORK. MR. MARSH WAS HOPEFUL TO HAVE
THIS IN TIME FOR THE FEBRUARY 6TH MEETING; THEN THEY COULD DEVELOP
FINAL CONSTRUCTION DETAILS, TALK TO THE CONTRACTORS, AND POSSIBLY
GET STARTED IN LATE MARCH. HE CONTINUED THAT FOUR CONTRACTORS HAVE
EXPRESSED INTEREST IN CONSTRUCTING THE TEMPORARY WALKOVER,AND THEY
SHOULD BE RECEIVING THEIR PROPOSALS WITHIN THE NEXT WEEK OR S0,
AREA.
CHAIRMAN SIEBERT INQUIRED ABOUT THE SAND PROBLEM IN THE
SENIOR PLANNER MARSH REPORTED THAT THEY ARE WORKING ON THE
BASIS OF UTILIZING COUNTY SAND FILL, EQUIPMENT, AND TRANSPORTATION
TO RENOURISH THE BLUFF LINE. HE HAS CONTACTED A NUMBER OF AGENCIES
TO HELP WITH THIS PROBLEM AND THE ULTIMATE AIM IS TO PUT IN A BLUFF
LINE THAT IS SOMEWHAT LESS STEEP AND RENOURISH THE UPPER PORTION OF
THE BEACH. MR. MARSH COMMENTED THEY MAY HAVE TO PURCHASE SOME
COARSER SAND TO MIX IN WITH THE SAND THEY GET FROM HOBART, AND THEY
ARE WORKING WITH THE SOIL CONSERVATION SERVICE TO INSURE THAT THE
BLUFF LINE IS STABILIZED TO GET IT TO HOLD VEGETATION. HE ADVISED
THAT HE AND ADMINISTRATOR JENNINGS WILL BE MEETING WITH MR. MCCULLERS
REGARDING A WELL FOR THE SITE.
COMMISSIONER DEESON URGED THE SENIOR PLANNER TO GIVE TOP
PRIORITY TO THE CONSTRUCTING OF THE,WALKOVER AS ELDERLY PEOPLE, IN
PARTICULAR, NEED A WALKOVER. COMMISSIONER DEESON ALSO ASKED MR.
MARSH TO GET BACK WITH THE CONTRACTORS IF HE DOES NOT HEAR FROM THEM
SOON.
COMMISSIONER Loy SAID SHE SHARED THE SAME CONCERN.
MR. BALL, OF PEBBLE PATH EAST, NOTICED SEVERAL TIMES THAT
THE POLES USED FOR PARKING WERE MISSING AND CARS HAVE GONE OVER THE
BLUFF. HE INQUIRED IF THE COUNTY IS LIABLE IF THE SOIL GIVES AWAY,
AND ATTORNEY COLLINS ADVISED HIM THE COUNTY WOULD NOT BE LIABLE.
:1
MR. MARSH PROPOSED THAT THE PLANNING DEPARTMENT SET UP A
MEETING WITH THE SUMMERPLACE HOMEOWNERS ASSOCIATION TO DISCUSS THE
OVERALL PLAN SO THAT THE CONCERNED PEOPLE WILL BE AWARE OF THE
PROPOSED IMPROVEMENTS TO THE WABASSO BEACH PARK, AND AT THE SAME
TIME DISCUSS THE STREET AND HOUSE NUMBER CHANGES, AND THE BOARD AGREED
WITH HIS PROPOSAL.
ESTER RYMER, BUILDING DIRECTOR, CAME BEFORE THE BOARD TO
DISCUSS HAZARDOUS STRUCTURES,,AND SHE REVIEWED THE FOLLOWING LIST:
DATE January 7, 1980
To Mr. Joe Collins DEPT County Attorney
FROM Ester L. Rymer DEPT Building Director
SUBJECT Condemnations for Indian River County
Following is a listing of the pending condemnations to date, for which
I would appreciate your assistance and legal handling, for presentation
to the County Board of Commissioners.
1) Viola Young (deceased): We are told this is being handled by
ttny. Erickson.
2) Everett J. Gill (deceased): Copy sent to Dale Grabenbauer,
542 Fleming St., Sebastian, Fla.(Permit taken out -not removed).
3) Delwyn D. Danko: 3792 S.W. 16th Place, Ft. Lauderdale, Fla.
4) Noble Lee Jackson (et al): Trustees of the Church of God in Christ
Temple, 48757 -773 -5th Avenue, Vero Beach, Fla.(Permit taken -not removed)
5) Dr. Charles A. Fenner: P.O. Box 323, Wabasso, Fla. 32970
6) Fannie Ruth Wade Stinson: 1100 Mill Street, Melbourne, Fla. 32901
7) Angelo P. Garetto: 23706 S. Western, Blue Island, Ill. 60406
8) Lucille West: 4311 - 35th Avenue, Vero Beach, Fla.
9) Helen McConico Jackson: c/o Anne Lou Ferguson, P.O. Box 1841, Vero
10) S & R Land Company: Route #2, 920 North A -1,-A, Vero Beach (No notice
necessary. I have an affidavit from the owner authorizing Indian
River County to remove this structure and bill them for expenses.)
11) Ilomeowner's Corp.: P.O. Box 27, Rockledge, Fla. 32955
12)
Charles Brown:
4625 - 40 Ave., Vero Beach (Letter came back unclaimed)
13)
E.
Griffith &
Catherine
Hall:
6155 - 7th Place, Vero Beach.
14)
C.
A. Lightsey:
Route 1,
Box
211, Monticello, Fla. 32344
15) Altheris Sharpton: P.O. Box 12, Wabasso (Notice ret'd. unclaimed)
16) Laila W. Jackson & Gertrude W. Schockliford: P.O. Box 113, Wabasso
Sent in both names-ret'd. marked Jackson eceased; resent in just
Schockliford-notice ret'd, as unclaimed.)
17) Sam & Lottie Williams: Route 1, Box 763, Cocoa, Fla.
18 James White: Box 553, Wabasso, Fla.
JAN 3 1980 27
32922 ,
2 AGE 57
F_
JAN 2 31900
Mr. Joe Collins
January 7, 1980
Page 2
sooK 42 PA-GE575
19) Carolyn Smith: 4439 - 35th Ave (Lot 4, Blk 2, N. Gifford Heights)
Demol. Permit taken -still not removed.
20) Rev. Willie Jones: 2110 - 41st St. (Corner S. Giffgrd Rd & U.S. #1)
st Demol. Permit taken 4-17-77; reissued again on 11-17-78; still
not removed.
21) Earlie B. Evans: 2880 - 41st St (Lot 7, Jackson's S/D) Demol Permit
taken 7 -10 -79—, -not removed.
22) Robt. W. & Pearlie W. Erickson: 1349 Berea Place, Pacific Palisades,
Ca i noria
23) Zettie Ealy: Box 461, Wabasso, Fla.
The following structures have been removed but the debris is still existing:
1) W. E. Orth (el al): P.O. Box 772, Vero Beach
2) Edward Strnad: Connecticut Trailer Park structure
3) res. Minnie Ross: P.O. Box 386, Wabasso, Fla.
ELR: j es
Enclosures
ATTORNEY COLLINS NOTED THAT THE COUNTY WILL HAVE TO
CONSIDER EACH APPLICATION, SEND OUT NOTICES TO THE PEOPLE, AND THEN
TAKE ACTION ON EACH ONE. •HE CONTINUED THAT THIS WAS ON THE AGENDA
TODAY JUST FOR THE BOARD'S DIRECTION.
PARS. RYMER EXPLAINED THAT MOST OF THE NAMES ON THE LIST ARE
NEW; SOME HAVE TAKEN OUT PERMITS, AND SOME HAVE LEFT DEBRIS STANDING
ON THEIR PROPERTY AFTER THE STRUCTURES WERE TAKEN DOWN. SHE THEN
DISCUSSED THE CASE OF A. J. HARRIS WHICH DATES BACK TO JULY OF 1979.
DEWEY WALKER OF THE ZONING DEPARTMENT EXPLAINED THAT MR.
HARRIS CAME IN TO THEIR DEPARTMENT STATING HE WOULD BRING HIS HOUSE
UP TO CODE
DISCUSSION FOLLOWED ALONG THOSE LINES )AND IT WAS AFFIRMED
THAT THE BOARD OF COUNTY COMMISSIONERS WOULD AUTHORIZE REMOVAL OF
ANY STRUCTURE, AND THE COUNTY WOULD USE THEIR OWN CREWS TO DO THE
JOB, AFTER CONCURRENCE FROM THE ATTORNEY.
2W
MRS. RYMER REFERRED TO A DEMOLITON PERMIT SHE ISSUED TO
THE COUNTY IN NOVEMBER, 1978, FOR A STRUCTURE OWNED BY REV, DILLY .JONES
AND NOTED THAT NOTHING HAS BEEN DONE WITH THE STRUCTURE AS OF THIS DATE.
ADMINISTRATOR JENNINGS COMMENTED THAT WHEN MR. WALKER
RECEIVES AUTHORIZATION FROM THE ATTORNEY, THERE IS NO PROBLEM IN
GETTING THE BUILDING DOWN AND REMOVED TO THE LANDFILL.
MR. WALKER REPORTED THAT REV, JONES HAS A BUILDING FULL OF
EQUIPMENT AND WAS GIVEN ADDITIONAL TIME TO REMOVE THE EQUIPMENT.
ADMINISTRATOR JENNINGS SUGGESTED GIVING REV. .JONES 10 DAYS
NOTICE AND THEN THE STRUCTURE WILL BE REMOVED.
MRS. RYMER ADVISED THAT SHE WOULD GET TOGETHER WITH MR.
WALKER TO UPDATE THE LIST OF HAZARDOUS STRUCTURES
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS-
SIONER DEESON, TO SET A PUBLIC HEARING FOR MARCH 5,-1980, AND
AUTHORIZE THE ATTORNEY TO SEND OUT NOTICES TO ABATE A HAZARDOUS
STRUCTURE TO_THOSE LISTED IN THE MEMO OF .JANUARY 7, 1980,
WILLIAM KOOLAGE, 815 26TH AVENUE, STATED THAT SINCE SOME
NAMES ON THE LIST GO BACK TO 1977 AND 1978, THE BOARD SHOULD SET UP
A FASTER PROCEDURE.
ATTORNEY COLLINS AGREED WITH HIM BUT FELT THE PROCESS WAS
VERY TIME-CONSUMING EVEN THOUGH THE COUNTY, THROUGH THE BUILDING
DEPARTMENT, HAS BEEN IN A SYSTEMATIC PROCESS TO WORK ON REMOVING
THESE STRUCTURES - AND THE LATEST LIST RECEIVED IS QUITE EXTENSIVE.
COMMISSIONER LOY NOTED THERE ARE EXTENUATING CIRCUMSTANCES
TO CAUSE DELAYS SUCH AS OWNERS LIVING OUT OF TOWN, DECEASED OWNERS,
ETC.
CHAIRMAN SIEBERT REITERATED.THAT WE MUST CO THROUGH THE
ENTIRE PROCESS BEFORE THE STRUCTURES CAN BE REMOVED.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND PASSED UNANIMOUSLY.
THE BOARD NEXT DISCUSSED THE RATE INCREASE FOR GENERAL
DEVELOPMENT CORPORATION.
COMMISSIONER WODTKE EXPRESSED CONCERN ABOUT WHAT WAS
PRESENTED BY GENERAL DEVELOPMENT CORPORATION AT THE LAST MEETING,
29 aoo 42 PAJF576
JAN 2 31980
r -
JAN 2 31990
BOOK 42 PAGE 577
SUCH AS THEIR USING 1978 AS THE BASE YEAR, WHICH WAS THE YEAR IN
WHICH THERE WERE SEVERAL MORATORIUMS. HE FELT THERE SHOULD BE SET
ASIDE A CERTAIN PORTION OF THE SEWER PLANT FOR FUTURE CUSTOMERS, AND
WAS CONCERNED ABOUT THE ALLOCATION PORTIONS FOR THE LIFT STATIONS.
COMMISSIONER WODTKE THEN REFERRED TO THE LAST RATE HEARING IN
SEPTEMBER OF 1971 AND QUOTED FROM OFFICIAL RECORD BOOK 31, PAGE 98
REGARDING A DISCUSSION ABOUT THE SEWER PLANT. HE NOTED THAT IN THEIR
PRESENTATION, THERE SEEMED TO BE A CHANGE IN THE FIGURES THAT WERE
PRESENTED TO THE PROPERTY APPRAISER AND THOSE THAT THE BOARD RECEIVED
FROM THEM. COMMISSIONER WODTKE FELT THE RATE THEY ARE ASKING DOES
NOT REALLY REFLECT THE TRUE INCOME POTENTIAL AND/OR ADDITIONAL
CUSTOMERS WHEN USING 19%8 AS THEIR BASE YEAR. HE THEN REVIEWED THEIR
SUGGESTED RATE INCREASE:
$5.20 FOR THE FIRST 2,000 GALLONS
$1.25 FOR EACH ADDITIONAL 1,000 GALLONS
$7.50 FOR THE SEWER RATE
COMMISSIONER WODTKE COMMENTED THAT HE IS SUPPORTIVE OF A-RATE71NCREASE
BUT RECOMMENDED THE FOLLOWING:
$5.00 FOR THE FIRST 3,000 GALLONS
$1.00 FOR EACH ADDITIONAL 1,000 GALLONS
$6.00 FOR THE SEWER RATE
AND ALSO RECOMMENDED A MORE ACCURATE BASE YEAR BE USED.
DISCUSSION ENSUED AND COMPARISONS WERE MADE BETWEEN COMMIS-
SIONER WODTKE'S RECOMMENDATIONS AND GENERAL DEVELOPMENT CORPORATION`S
RECOMMENDATIONS.
COMMISSIONER DEESON AGREED THAT THE CURRENT RATES ARE NOT
JUSTIFIED WITH THE COST INVOLVED AND HE COULD NOT SUPPORT THE RATE
INCREASE AS PROPOSED BY GDC, BUT WOULD SUPPORT THE RATES THAT COM-
MISSIONER WODTKE HAS SUGGESTED.
COMMISSIONER Loy WAS DISTURBED THAT THERE ARE SO MANY
EXPENSES CHARGED TO THIS SYSTEM THAT ARE NOT RELEVANT TO IT, AND
WAS CONCERNED THAT THERE WAS NO EFFORT ON THE PART OF GDC TO SET
ASIDE FIGURES JUST FOR THIS SYSTEM ALONE. SHE CONTINUED THAT SHE
DID NOT THINK IT WAS THE BOARDS RESPONSIBILITY TO SEE THAT GDC STAYS
UP WITH THEIR RATE INCREASES AND THOUGHT IT WAS HIGH ENOUGH FOR THE
PEOPLE THAT ARE GOING TO BE INVOLVED.
3PO
COMMISSIONER LOY REPORTED THAT
_I
GDC IS GOING INTO A BIG EXPANSION PROGRAM AND ARE GOING TO REALIZE
MORE FROM THIS INCREASE. SHE STATED SHE WOULD SUPPORT COMMISSIONER
WODTKE'S RECOMMENDATION.
DISCUSSION FOLLOWED ABOUT THE TIME INVOLVED'BETWEEN RATE
INCREASES AND THE PROBLEMS THAT ARE ENCOUNTERED AS A RESULT.
COMMISSIONER LYONS -DID NOT THINK HE COULD SUPPORT THE TOTAL
REQUEST FROM GDC AND FELT COMMISSIONER WODTKE HAS MADE A REASONABLE
COMPROMISE AND WOULD VOTE FOR'THE FIGURES THAT HE HAS SUGGESTED.
CHAIRMAN SIEBERT SUGGESTED THAT ISR. LINER OF THE UTILITIES
DEPARTMENT SHOULD LOOK AT THE FIGURES AS THERE IS SOME PROBLEM WHICH
MIGHT PROVE A HIGHER YIELD THAN PRESENTED.
COMMISSIONER WODTKE DISCUSSED GDC'S USED AND USEFUL ANALYSIS
AND THE MANNER IN WHICH THEY COMPUTED IT. HE THEN REFERRED TO A TIME
IN 1977 WHEN GDC CAME BEFORE THEM REGARDING THE COST OF A LIFT STATION
AND SAID THEY WOULD PAY FOR IT IN THE TAP -IN FEE AND NOT INCREASE THE
WATER AND SEWER RATES. COMMISSIONER WODTKE NOTED THAT GDC, PRIOR
TO THE LAST MEETING, HAD A PROGRAM AT A LOCAL THEATER REGARDING THE
PROJECT GOING ON IN THE VERO HIGHLANDS AREA,
MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COM-
MISSIONER LYONS, THAT THE BOARD ADOPT RESOLUTION N0. 80-15 APPROVING
THE PROPOSED RATE INCREASE WITH THE EXCEPTION THAT WATER WILL BE
$5.00 FOR THE FIRST 3.000 GALLONS, $1.00 FOR EACH ADDITIONAL 1,000
GALLONS, AND $6.00 FOR SEWERAGE, ADJUSTED ON THE GENERAL SERVICES
SCHEDULE AS PROPOSED.
DISCUSSION FOLLOWED ABOUT RATES, AND ABOUT THE TYPICAL
FAMILY RESIDENT MENTIONED IN THE LEGAL AD.
CHAIRMAN SIEBERT FELT THAT "TYPICAL" RATES SHOULD NOT BE
USED IN FUTURE LEGAL ADS.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY,
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY AGREED THAT THE EFFECTIVE DATE OF
RESOLUTION Wo. 80-15 SHOULD BE FEBRUARY 1, 1980.
RESOLUTION N0. 80-15 WILL BE MADE A PART OF THE MINUTES
WHEN RECEIVED.
JAN 231980
31 BOOK 42 face 578
JAN 2 3 19 80 BDOK 42 PAGE 579
ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED ADDING AN EMERGENCY ITEM TO
THE AGENDA CONCERNING CONNELL, METCALF & EDDY.
FRED H. KIRSCH, OF CONNELL, METCALF & EDDY, APPROACHED THE
BOARD AND REPORTED THAT THEY HAVE ONLY HAD TWO RESPONSES TO THE
BIDDING. HE COMMENTED THAT THE COUNTY CAN ACCEPT THOSE BIDS BUT IT
WAS THEIR FEELING THAT THE BID OPENING SHOULD NOT TAKE PLACE, AND
SHOULD INSTEAD HAVE AN EXTENSION OF FOUR WEEKS. MR. KIRSCH THEN
SUGGESTED THAT THEY POST A PUBLIC STATEMENT POSTPONING THE 2:00 O'CLOCK
P.M..BID OPENING SCHEDULED FOR TODAY -FOR THE OLD HOSPITAL RENOVATION.
COMMISSIONER LOY NOTED THAT WE SHOULD NOT OPEN THE BIDS
AND RETURN THEM -INSTEAD.
COMMISSIONER WODTKE ASKED WHEN THE LAST ADDENDUM WAS SENT
OUT, AND MR. KIRSCH ADVISED IT WAS LAST MONDAY.
COMMISSIONER WODTKE THEN ASKED IF MR. KIRSCH HAD AN INDICATION
THAT IF THERE IS AN EXTENSION OF TIME, WE WILL BE IN A POSITION TO
OBTAIN MORE BIDDERS.
MR. KIRSCH ANSWERED AFFIRMATIVELY AND STATED THAT DUE TO
THE TIME LIMIT, THE CONTRACTORS WERE BUSY BIDDING ON OTHER JOBS.
COMMISSIONER WODTKE WONDERED IF A FOUR WEEK EXTENSION OF
TIME WOULD BE SUFFICIENT.
FOR BIDS.
COMMISSIONER LOY THEN DISCUSSED THE HIGH COST OF ADVERTISING
MR. KIRSCH ADVISED THAT HIS FIRM WILL TAKE THE LIST OF
CONTRACTORS AND CONTACT THEM, ADVISING THEM OF THE POSTPONEMENT; AND
ALSO ADVISE THE PUBLISHERS OF THE DODGE REPORT, WHICH COMES OUT ONCE
A WEEK.
ATTORNEY COLLINS EXPRESSED CONCERN ABOUT THE PEOPLE WHO
HAVE ALREADY BID - THEY MIGHT FEEL JEOPARDIZED, AND HE WOULD RATHER
BE MORE CAUTIOUS THAN NOT, AND SUGGESTED READVERTISING.
CHAIRMAN SIEBERT COMMENTED THAT HE WOULD LISTEN TO THE
ATTORNEYS ADVICE.
ATTORNEY COLLINS NOTED THAT LEGAL AUTHORITY COULD NOT BE
CITED ON THE RIGHT TO EXTEND, AND STATED THAT HIS ASSISTANT, MR. SOVIERO,
3" m
HAS BEEN RESEARCHING THIS.
HE CONTINUED THAT HE DOES NOT QUESTION
MR. KIRSCH'S CORRECTNESS, BUT SINCE LEGAL CITATION CANNOT BE FOUND,
HE WOULD PREFER TO SEE IT READVERTISED.
PSR. KIRSCH THEN PRESENTED THE ATTORNEY WITH A DOCUMENT
INDICATING THAT THE BIDDING COULD BE EXTENDED.
COMMISSIONER LYONS COMMENTED THAT HE WOULD PLACE THE MATTER
IN THE HANDS OF THE ATTORNEY.
ATTORNEY COLLINS AGAIN RECOMMENDED THAT THE BOARD PLAY IT
SAFE AND READVERTISE.
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS-
SIONER Loy, THAT ANY AND ALL BIDS BE RETURNED UNOPENED AND THAT A
BID OPENING BE READVERTISED FOR FEBRUARY 20, 1980,
MR. KIRSCH STATED THAT HE WOULD TAKE CARE OF THE ADVERTISEMENT.
COMMISSIONER WODTKE ASKED ABOUT THE COMPANIES THAT HAVE
ALREADY PICKED UP A SET OF PLANS FOR BIDDING, AND MR. KIRSCH ADVISED
THAT HE WOULD GET IN TOUCH WITH THEM TO INFORM THEM OF THE EXTENSION.
CHAIRMAN SIEBERT CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED UNANIMOUSLY.
THE BOARD THEN ADJOURNED AT 12:15 O'CLOCK P..M, AND.RECONVENED
AT 1:45 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT.
CHAIRMAN SIEBERT ANNOUNCED THAT THE BOARD HAS RECEIVED A
LETTER OF THANKS FROM THE VERO ISLES ASSOCIATION, COMPLIMENTING
INTERGOVERNMENTAL COORDINATOR THOMAS FOR HIS COOPERATION AND ASSISTANCE
WITH THE INSTALLATION OF THE THIRTEEN DAY BEACONS TO MARK VERO ISLES
CHANNEL AND INSTRUCTED THAT SAID LETTER BE MADE A PART OF THE
MINUTES.
JAN 2-3 1980
91
BOOK 42 PAGE 580'
F,
JAN 2 31980
VERO ISLES ASSOCIATION
1 N C O R P O R A T E O
VERO BEACH. FLORIDA 32960
January 22,
27 Starfish
Vero Beach,
1
42 PA -GE 5$1
1980
Drive
F1. 32960
Board of County Commissioners
Indian River County
Court House
Vero Beach, Florida 32960
Dear Board Members:
The thirteen day -beacon markers for the boat channel along
Vero Isles have been installed and are now serving to mark the channel
for all boatmen using the Inland Naterway.
For many years, the Vero Isles Association maintained a series
of buoy markers for this public channel. However, the continued
maintenance problems caused by storms and corrosion made this a
difficult matter for the Association.
We are extremely grateful that Indian River County had funds
available for the installation of the new, permanent markers and that
the Board of County Commissioners voted to have the thirteen day -
beacons installed to mark the Vero Isles Channel. We also wish to
recognize the very cooperative and capable assistance on this project
provided by Mr. Laurance (Tommy) Thomas - County Intergovernmental
Co-ordinator and his associates. These markers will continue to assist
boatmen in the use of our county's waterways for many years to come.
kni
Very truly. yours,
Q,�r4,�,JLL
President, Vero Is es Association
Chairman, :.urine Committee
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT WE ARE HAVING
PROBLEMS IN THE COUNTY WITH SEPTIC TANK AND GREASE TRAP DISPOSAL.
THE PROBLEM IS THAT THE DER HAS GIVEN PERMISSION TO LANDSPREAD THIS
MATERIAL AROUND IN DIFFERENT AREAS OF THE COUNTY. HE CONTINUED THAT
HE HAS MET WITH TWO OF THE OPERATORS INVOLVED WITH THIS TYPE OF
DISPOSAL AND LEARNED THAT AT ONE TIME THEY WERE SUPPOSED TO PUT THEIR
TANK WAGONS THROUGH THE CITY SYSTEM AND PAY A CHARGE, BUT THIS METHOD
OF DISPOSAL HAS NOT BEEN PERMITTED BY THE CITY FOR SOME TIME NOW.
THE ADMINISTRATOR INFORMED THE BOARD THAT CITY MANAGER LITTLE EXPLAINED
THAT WHEN THEIR ENGINEERS DID SOME REDESIGN OF THE CITY SYSTEM, IT
WAS RECOMMENDED THAT THIS PRACTICE BE DISCONTINUED. MR. LITTLE STATED
THAT HE INTENDS TO TAKE THIS MATTER UP AND SEE WHAT IT WOULD TAKE TO
MAKE THE SYSTEM SUITABLE FOR ACCEPTING SEPTIC TANK DISPOSAL - NOT
GREASE TRAP DISPOSAL. ADMINISTRATOR JENNINGS STATED THAT HE IS GOING
TO CONTACT THE DER IN ORLANDO BECAUSE OUR LICENSED MEN HERE ARE COM-
PLAINING ABOUT OUT -OF -COUNTY OPERATORS COMING IN AND DROPPING THIS
MATERIAL ANYWHERE. HE NOTED THAT HE EVEN HAS HAD THIS COMPLAINT
ABOUT SOME OF THE LICENSED PEOPLE. ADMINISTRATOR JENNINGS REITERATED
THAT THEY ARE NOW TRYING TO WORK OUT A SOLUTION TO THIS PROBLEM
WHEREBY ALL SEPTIC TANK DISPOSAL WILL BE MADE THROUGH THE CITY SYSTEM
AND A FEE PAID, BUT THE GREASE TRAP DISPOSAL WILL HAVE TO BE HANDLED
SOME OTHER WAY.
ADMINISTRATOR .JENNINGS.REPORTED THAT RELIABLE SERVICES NOW
HAS PAID THEIR DELINQUENT BILL OF $2,500 DUE FOR USE OF THE SANITARY
LANDFILL.
COMMISSIONER WODTKE INFORMED THE BOARD THAT THIS MORNING HE
RECEIVED A PHONE CALL FROM THE DISTRICT DIRECTOR OF THE 1980 CENSUS,
WHO IS IN LAKELAND. HE NOTED THAT THE DIRECTOR JUST WISHED TO LET
US KNOW WHO HE IS AND WHAT WE ARE TO EXPECT. COMMISSIONER WODTKE
STATED THAT HE WILL REPORT ON THIS MATTER AT THE NEXT MEETING.
COMMISSIONER LYONS PROPOSED THE APPOINTMENT OF WILLIAM
GRIZZELL TO THE BOARD OF ZONING ADJUSTMENT,
35
JAN 2 31980
900K 42 PAGE 582
JAN 2 3190a -' ,Box4 PACE 583
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 80-16 APPOINTING
WILLIAM GRIZZELL TO A TWO-YEAR TERM ON THE BOARD OF ZONING ADJUSTMENT.
RESOLUTION NO. 80-16
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, That WILLIAM GRIZZELL is hereby
appointed to a two-year term on the Indian River County Board
of Zoning Adjustment, District Two.
Said Resolution shall become effective as of the 23rd
day of January , 1980.
BOARD OF COUNTY COMPMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By
.
Willard iebert,Jr hairman
Attest:
Freda Wright, C �k
COMMISSIONER LYONS REPORTED THAT THE TECHNICAL ADVISORY
COMMITTEE ON THE PROPOSED JOINT DRAINAGE STUDY HAS MET; THEY HAVE
CONTACTED THE TOP TWO FIRMS THEY WERE CONSIDERING AND HAVE COME TO THE
CONCLUSION THAT REYNOLDS, SMITH & HILLS, THE ENGINEERS PICKED BY THE
COUNTY FOR REDESIGN OF INDIAN RIVER BOULEVARD WOULD BE THEIR FIRST
CHOICE. HE CONTINUED THAT HE HAS A MEETING ON .JANUARY 28TH TO SIT
3=
DOWN WITH THEM AND GO OVER THE SCOPE OF THE WORK.
HE THEN NOTED
THAT WHILE YOU CAN HAVE A LIMITED DRAINAGE STUDY, YOU STILL HAVE TO
HAVE SOME KIND OF A PICTURE OF THE WHOLE COUNTY, OR AT LEAST THAT
PART OF THE DRAINAGE BASIN THAT WOULD BE INVOLVED, AND HE HAS COME
TO THE CONCLUSION THAT IT IS GOING TO BE VERY IMPORTANT TO HAVE A
DECENT TOPOGRAPHIC MAP OF THE COUNTY DONE ON I' CONTOURS SO WE WILL
KNOW WHAT DRAINS. COMMISSIONER LYONS POINTED OUT THAT THIS WOULD BE
A GREAT TOOL FOR THE PLANNING DEPARTMENT IN REVIEWING PROPOSED SUB-
DIVISIONS. HE CONTINUED THAT THEY WILL BE TALKING TO THIS FIRM ABOUT
SPECIFIC LOCATIONS AND FELT THERE IS NO QUESTION ABOUT THE JOINT
CITY -COUNTY AREA SOUTH OF THE CITY LIMITS AND EAST OF THE RAILROAD
TRACKS, BUT RECOMMENDED THAT WE SHOULD ALSO TAKE A LOOK AT THE AREA
NORTH OF THE MAIN DRAINAGE CANAL AND SOUTH OF BARBER AVENUE FROM THE
RAILROAD TRACKS TO THE RIVER, WHICH HE FELT IS ANOTHER JOINT AREA
AND AFFECTS INDIAN RIVER BOULEVARD. COMMISSIONER LYONS NOTED THAT
THERE ARE A NUMBER OF DRAINAGE STUDIES IN WHICH THE COUNTY WILL NOT
BE INVOLVED IN ANY WAY, BUT HE WILL.TALK TO THE ENGINEERS AND GET A
BETTER IDEA OF COSTS AND HOW THIS CAN BE DIVIDED UP.
ASSISTANT ADMINISTRATOR NELSON ANNOUNCED THAT THE MEETING
IN REGARD TO THE JOINT DRAINAGE STUDY IS SCHEDULED IN THE COMMISSION
ROOM ON MONDAY, .JANUARY 28TH, FROM 9:00 A.M. UNTIL 3:00 P.M.
COMMISSIONER LYONS INFORMED THE BOARD THAT AS CHAIRMAN OF
THE TREASURE COAST REGIONAL PLANNING COUNCIL, HE WILL BE REQUIRED TO
MAKE MORE FREQUENT TRIPS AND WOULD LIKE TO HAVE AUTHORIZATION FOR
THESE ADDITIONAL TRIPS.
CHAIRMAN SIEBERT STATED THAT BEFORE ANY MOTION IS MADE, HE
FELT IT WOULD BE NICE IF WE GOT A LITTLE PUBLICITY FOR THE FACT THAT
THIS IS A TREMENDOUSLY RESPONSIBLE JOB. HE NOTED THAT THE CHAIRMAN
OF THE REGIONAL PLANNING COUNCIL DOES A LOT OF WORK IN ALL FOUR
COUNTIES AND IT HAS A LARGE IMPACT ON OUR COUNTY. IT IS A VERY
CHALLENGING RESPONSIBILITY AND A VERY DISTINCT HONOR FOR ONE OF OUR
COMMISSIONERS TO SERVE AS CHAIRMAN OF THE REGIONAL PLANNING COUNCIL.
JAN 2.31980
37 a .
BOOK
42 PAGE 4
JAN 2 3 19 80
Bao K 42 PAGE 5075
COMMISSIONER WODTKE STATED THAT HE DID NOT KNOW ANYTHING
ABOUT THE COUNCILS FINANCIAL STRUCTURE, BUT WONDERED 'IF THEY MIGHT
HAVE SOME FUNDS IN THEIR OWN BUDGET FOR THE CHAIRMAN'S TRAVEL EXPENSES.
COMMISSIONER LYONS EXPLAINED THAT WHEN HE TRAVELS SPECIFI-
CALLY ON BUSINESS FOR THE PLANNING COUNCIL, THAT COMES OUT OF THEIR
BUDGET, BUT GENERALLY THE TRAVEL TO AND FROM STUART COMES OUT OF THE
COUNTY'S BUDGET.
COMMISSIONER LOY AGREED THAT IT IS A REAL HONOR FOR OUR
COUNTY TO HAVE THIS CHAIRMANSHIP, AND SHE WAS DELIGHTED THAT COMMIS-
SIONER LYONS WAS WILLING TO ACCEPT THE POSITION.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED COMMISSIONER LYONS TO SUBMIT
TRAVEL: VOUCHERS WHEN HE IS CALLED UPON TO TRAVEL BACK AND FORTH ON
REGIONAL PLANNING COUNCIL BUSINESS.
COMMISSIONER LYONS COMMENTED THAT THE BOARD HAD AUTHORIZED
HIM TO SEE IF THE REGIONAL PLANNING COUNCIL COULD HELP WITH THE
CENSUS. HE REPORTED THAT THEY ARE WORKING ON A PROGRAM FOR THIS AND
AT 1:00 P.M. MONDAY, JANUARY 28TH, SAM SHANNON, EXECUTIVE DIRECTOR OF
THE TREASURE COAST REGIONAL PLANNING COUNCIL AND A MR. BAIRD WILL BE
HERE TO MEET WITH HIM TO DISCUSS THE 1980 CENSUS. HE CONTINUED THAT
HE IS TRYING TO GET THEM TO PUT TOGETHER SOME KIND OF SYMPOSIUM FOR
EVERYONE INVOLVED IN THE CENSUS COUNT. COMMISSIONER LYONS REQUESTED
THAT COMMISSIONER WODTKE AND PLANNING DIRECTOR REVER ATTEND THIS
MEETING.
COMMISSIONER LYONS NEXT NOTED THAT WE HAVE A COMMON INTEREST
WITH THE CITY OF VERO BEACH IN REGARD TO TRAFFIC PROBLEMS. HE STATED
THAT THERE HAS BEEN ONE MEETING, AND HE BELIEVED THERE WILL BE MORE,
TO SEE IF THERE IS A POSSIBILITY THAT WE MIGHT BE ABLE TO JOIN FORCES
IN SOLVING NOT ONLY THE SHORT-RANGE PROBLEMS, BUT SOME OF THE LONG-
RANGE TRAFFIC PROBLEMS.
CHAIRMAN SIEBERT INFORMED THE BOARD THAT HE HAS RECEIVED
A PHONE CALL FROM NEW CITY COUNCIL MEMBER, DOROTHY CAIN, WHO AS PART
OF HER RESPONSIBILITIES, HAS BEEN ASSIGNED TO BEACH EROSION. HE
COMMENTED THAT MRS. CAIN HAS A VERY COOPERATIVE ATTITUDE AND SAID
SHE DID NOT WANT TO DO-ANYTHING ON BEHALF OF THE CITY THAT MIGHT NOT
BE IN COORDINATION WITH THE COUNTY'S EFFORTS. IN ADDIT-ION,'SHE WAS
VERY COMPLIMENTARY ON THE COOPERAT-ION SHE RECEIVED FROM ADMINISTRATOR
JENNINGS AND COMMISSIONER Loy ON BRINGING HER UP TO DATE. HE CON-
TINUED THAT MRS. CAIN FELT POSSIBLY THERE SHOULD BE A COMMITTEE
APPOINTED BY THE COUNTY, ON WHICH SHE COULD PARTICIPATE AS A CITY
REPRESENTATIVE. CHAIRMAN SIEBERT AGREED THAT THIS WAS A GOOD IDEA,
AND WITH THE BOARD'S PERMISSION, STATED HE WOULD LIKE TO APPOINT COM-
MISSIONER WODTKE CHAIRMAN OF A COMMITTEE TO BE KNOWN AS THE BEACH
RESTORATION AND PRESERVATION COMMITTEE AND APPOINT DOROTHY CAIN AS
VICE CHAIRMAN AND ASK THEM TO RECOMMEND TO THE BOARD ADDITIONAL MEMBERS
FOR THAT COMMITTEE.
THE BOARD CONCURRED WITH THE SETTING UP OF THE COMMITTEE
DESCRIBED BY.THE CHAIRMAN.
CHAIRMAN SIEBERT NEXT REPORTED THAT HE HAS RECEIVED A LETTER
FROM THE LEAGUE OF WOMEN VOTERS ASKING HIM TO ATTEND A PUBLIC FORUM
AT THE COMMUNITY CENTER 7-30 P.M. ON TUESDAY, FEBRUARY 26TH, AND ALSO
INVITING ALL THE COMMISSIONERS AS WELL AS THE ADMINISTRATOR AND THREE
MEMBERS OF HIS STAFF. THE CHAIRMAN FELT THIS WAS FOR THE PURPOSE OF
ASKING GENERAL QUESTIONS ABOUT COUNTY GOVERNMENT.
ADMINISTRATOR JENNINGS STATED THAT HE WOULD ASK THE
ASSISTANT ADMINISTRATOR, THE PLANNING DIRECTOR, AND THE UTILITIES
DIRECTOR TO ACCOMPANY HIM TO THIS MEETING.
CHAIRMAN SIEBERT ANNOUNCED.THAT HE WISHED TO EXERCISE HIS
PREROGATIVE AS CHAIRMAN AND NOT DISCUSS THE PROBLEMS FACING THE
PROPERTY APPRAISER AT THIS MEETING.
COMMISSIONER LYONS NOTED THAT HE WOULD LIKE TO ATTEND THE
ANNUAL MEETING OF THE STATE ASSOCIATION OF COUNTY COMMISSIONERS.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR ANY
COMMISSIONER, THE ATTORNEY AND ADMINISTRATOR, TO ATTEND THE S.A.C.C.
CONFERENCE TO BE HELD FEBRUARY 20-23: 19801 IN ORLANDO,
JAN 2 31980 39 Boa 42 PAGE 586
JAN 2 3 19 80 $oox 42 hGE 58 7
ATTORNEY COLLINS NEXT DISCUSSED THE BENT PINE WATER AND
SEWER FRANCHISE. HE NOTED THAT THE FORM OF FRANCHISE WE HAVE BEEN
USING ENVISIONS THAT THE COUNTY WILL BE IN A POSITION WITHIN SEVEN
YEARS TO TAKE OVER AND PROVIDE SERVICE, AND IF THEY DO, THE ACCUMULATED
TAP -ON FEES ACCRUE TO THE COUNTY. IF THE COUNTY ELECTS IN THAT TIME
NOT TO SERVE, THEN THE DEVELOPER IS ENTITLED TO THESE TAP -ON FEES.
THE ATTORNEY STATED THAT THE BENT PINE SITUATION IS UNUSUAL SINCE
THEY ARE SO FAR AWAY FROM WHERE WE ARE HEADING. BECAUSE OF THIS, HE
SAT DOWN WITH THE DEVELOPER AND ENGINEER BEINDORF AND TOGETHER THEY
HATCHED OUT WHAT HE FELT IS A FAIR COMPROMISE. HE NOTED THAT THE
DEVELOPER IS CONCERNED ABOUT HIS ABILITY TO DEPRECIATE THE ASSETS
WHICH HE PUTS INTO THE GROUND AND DID NOT WANT AN OPEN-END RIGHT IN
THE COUNTY TO TAKE OVER THE SEWER AND WATER AT ANY TIME AD INFINITUM;
HE HAD NO OBJECTION, HOWEVER, TO THE COUNTY HAVING THAT RIGHT AS LONG
AS IT WAS DEFINED, AND SEVEN YEARS WAS ACCEPTED AS A REASONABLE PERIOD
OF TIME. ATTORNEY COLLINS FELT THAT THE COUNTY COULD COME IN AND
SERVE IN THE -SEVENTH YEAR, BUT CONTINUED THAT IF WE DIDN'T HAVE THAT
ABILITY DURING THE PERIOD OF THE SEVENTH YEAR, IF WE WANTED TO PROTECT
THE TAP -ON FEES AND THE RIGHT TO SERVE THE PROJECT, WE WOULD HAVE THE
RIGHT TO PURCHASE THE PLANT AT ITS DEPRECIATED VALUE AND TO PURCHASE
THE LAND UNDER IT AT MARKET VALUE. OTHERWISE, WE ONLY WOULD HAVE
THE RIGHT TO HAVE THE DEVELOPER KEEP ON SERVICING THE PROJECT WITHOUT
OUR HAVING ANY OWNERSHIP IN THE LINES WHATSOEVER AND, WE WOULD, IN
TURN, RELINQUISH OUR RIGHTS TO THE TAP -ON FEES THAT HAD BEEN ACCUMULATED.
HE REITERATED THAT THE COUNTY COULD BUY THE ASSETS AT THEIR DEPRECIATED
VALUE PLUS THE LAND AT MARKET VALUE, AND HE WOULD RECOMMEND THIS
FORMULA TO THE BOARD.
COMMISSIONER LOY EMPHASIZED THAT THIS ARRANGEMENT WOULD
PERTAIN JUST TO THIS PARTICULAR FRANCHISE AT THIS TIME.
MOTION WAS MADE BY COMMISSIONER LOY TO ADOPT THE RECOMMENDA-
TION OF THE ATTORNEY FOR INCLUSION IN THE BENT PINE SEWER AND WATER
FRANCHISE, AND SECONDED BY COMMISSIONER LYONS FOR PURPOSES OF
DISCUSSION.
COMMISSIONER LYONS STATED HE WAS TRYING TO FIGURE OUT THE
ADVANTAGE OF RELINQUISHING THAT PROPERTY SINCE ULTIMATELY WE WILL
TAKE OVER THAT AREA AND RIGHT NOW, IN EFFECT, WE WOULD OWN THE
FACILITIES.
ATTORNEY COLLINS STATED THAT WE WOULD OWN THE TRANSMISSION
LINES - EVERYTHING BUT THE SEWER PLANT, THE WATER PLANT, AND THE
LAND THEY ARE ON.
COMMISSIONER WODTKE EXPLAINED THAT WE WILL STILL HAVE THAT
SAME RIGHT WITHIN SEVEN YEARS, BUT AS IT STANDS NOW, IF WE ARE NOT
ABLE TO TAKE IT OVER WITHIN SEVEN YEARS, THE DEVELOPER KEEPS THE
CUSTOMER S TAP -ON FEES AND WE, IN ALL ESSENCE, LOSE THE RIGHT TO
TAKE THE SYSTEM OVER.
ATTORNEY COLLINS AGREED THAT IS HOW IT IS UNDER OUR PRESENT
FORM, AND STATED HE TRIED TO COME UP WITH SOMETHING WHERE WE COULD
PROTECT OUR RIGHTS BECAUSE WE MIGHT NOT BE IN THAT AREA WITHIN SEVEN
YEARS.
COMMISSIONER W,ODTKE ASKED IF WE CAN ASSUME OR BE ASSURED
THAT THEY ARE GOING TO DEPRECIATE OVER SEVEN YEARS OR WILL THEY SAY
THEY REALLY SET THE DEPRECIATION UP OVER A 30 YEAR PERIOD?
ATTORNEY COLLINS FELT WE WILL HAVE TO HAVE AN EXPERT IN
THE FIELD TELL US WHAT THE DEPRECIATED VALUE IS AT THAT TIME. HE
STATED THAT HE COULD DEFINE THIS SOME, BUT BELIEVED THE SUGGESTIONS
HE MADE ARE IN THE INTERESTS OF THE COUNTY. HE AGAIN EXPLAINED THAT
AT THE END OF SEVEN YEARS IF THE COUNTY EXERCISES THEIR OPTION TO
TAKE OVER OR IS IN A POSITION TO SERVE, THEN THE COUNTY GETS THE
ESCROWED DOLLARS; IF THEY ELECT NOT TO SERVE, OR NOT TO PURCHASE, THEN
THE ESCROWED DOLLARS REVERT BACK TO THE DEVELOPER AND HE CONTINUES
ON OWNING ALL THE LINES AND SERVICING THE PROJECT.
COMMISSIONER LYONS ASKED WHO PAYS IN THE EVENT THE COUNTY
IS IN A POSITION TO SERVE THREE YEARS LATER AND WISHES TO CONNECT TO
THOSE LINES.
ATTORNEY COLLINS STATED THERE IS A GOOD POSSIBILITY THE
COUNTY MIGHT EVEN HAVE TO CONDEMN; THERE WOULD BE NO FURTHER TAP -ON
JAN 2 3198a
41 BE?OK 42 " PacE J8
JAN 2 31990 BOOK 42 PACE589
FEES. HE NOTED THAT WE HAVE AN ELECTION PERIOD IN THE SEVENTH YEAR,
AND HE FELT HIS SUGGESTION IMPROVES THE COUNTY'S POSITION BECAUSE WE
ACTUALLY OWN THE LINES UNTIL THE SEVENTH YEAR, AND STILL HAVE THE
RIGHT IN THE SEVENTH YEAR TO PURCHASE AND CARRY ON.
COMMISSIONER WODTKE DISCUSSED THE 201 PLAN AND IMPLEMENTATION,
AND DISCUSSION CONTINUED IN REGARD TO DEPRECIATION.
WILLIAM KOOLAGE, INTERESTED CITIZEN, FELT THE COUNTY SHOULD
BE ABLE TO BUY THE TRANSMISSION LINES FOR $1.00 AFTER SEVEN YEARS,
IN DISCUSSION, IT WAS GENERALLY FELT THAT THE ATTORNEY'S
PROPOSAL PROVIDES MORE FLEXIBILITY.
COMMISSIONER LYONS INQUIRED ABOUT EASEMENTS, AND ATTORNEY
COLLINS STATED THAT WE ARE PROVIDING THAT THE NECESSARY EASEMENTS WILL
BE CONVEYED TO THE COUNTY.
COMMISSIONER LYONS BROUGHT UP THE POSSIBILITY OF CHANGING
THE 7 YEARS TO 17 YEARS AND ASKED IF THAT WOULD INHIBIT THE DEVELOPER.
THE ATTORNEY FELT THAT IT WOULD. HE NOTED THAT THE DEVELOPER
WANTED THE COUNTY TO COMMIT TO A DEFINITE PERIOD OF TIME; SEVEN YEARS
WAS THE FORMER POLICY, AND ATTORNEY COLLINS FELT UNLESS WE MADE A
TOTAL CHANGE, WE WERE COMMITTED TO IT. ATTORNEY COLLINS NOTED THAT
WHEN THIS PROBLEM CAME UP, HE HAD THE FRANCHISE READY FOR SIGNATURE,
IT HAVING BEEN APPROVED BY RESOLUTION 79-111 ADOPTED AT THE MEETING
OF NOVEMBER 7, 1979, AND HE IS JUST TRYING TO PROVIDE A VEHICLE TO
PROTECT OUR RIGHTS AT SEVEN YEARS.
THE CHAIRMAN STATED HE FELT THIS IS A STEP UP AND CALLED
FOR THE QUESTION. IT WAS VOTED ON AND CARRIED WITH COMMISSIONER LYONS
VOTING IN OPPOSITION.
ATTORNEY COLLINS REPORTED THAT JOHN KELLEY, THE BOND ATTORNEY
FROM .JACKSONVILLEIWHO IS IN TALLAHASSEE WORKING ON PLACING THE BOND
ISSUE FOR THE HOSPITAL RENOVATION, CALLED HIM LAST FRIDAY IN REGARD
TO THE PRESENT LAW WHICH HAS A CAP OF 7% ON THE INTEREST RATES THE
COUNTY CAN PAY FOR BONDS. BECAUSE THE CURRENT RATE IS IN EXCESS OF
THAT, PAIR. KELLEY REQUESTED HIM TO PRESENT AN ORDINANCE TO THE BOARD
TO INCREASE THEIR BORROWING AUTHORITY -FROM 7% TO 9% SO HE CAN GET
A WAIVER FROM THE DEPARTMENT OF ADMINISTRATION. ATTORNEY"COLLINS
STATED THAT HE HAD PLANNED TO PRESENT THE ORDINANCE ON AN EMERGENCY
BASIS BECAUSE BIDS WERE GOING TO BE LET TODAY, BUT SINCE THE BIDS
ARE DELAYED FOR A MONTH, HE NOTED THAT THE BOARD COULD ELECT TO
FOLLOW OUR USUAL PROCEDURES.
COORDINATOR THOMAS EXPLAINED THAT SUCH AN ORDINANCE IS NOT
INDICATING THAT WE NECESSARILY ARE GOING TO PAY 9%; THEY MERELY WANT
A VEHICLE THAT WILL INCLUDE THIS PROVISION IF IT IS NEEDED. ATTORNEY
COLLINS CONFIRMED THAT THERE IS NOTHING UNUSUAL ABOUT THIS PARTICULAR
ISSUE. IT IS A NATIONAL SITUATION, AND WE ARE ANTICIPATING A SOLUTION
TO A POTENTIAL PROBLEM.
DISCUSSION ENSUED AS TO WHETHER FOLLOWING OUR NORMAL PRO-
CEDURES MIGHT NOT CAUSE PROBLEMS. COMMISSIONER LOY FELT IF WE DON'T
ADOPT THIS ORDINANCE ON AN EMERGENCY BASIS, IT WILL CREATE PROBLEMS
FOR OUR BOND COUNSEL AND SLOW THINGS DOWN, AND THE BOARD AGREED,
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY DECLARED THAT AN EMERGENCY EXISTS IN
CONNECTION WITH THE FINANCING OF THE COUNTY ADMINISTRATION COMPLEX
RENOVATION BY THE ISSUANCE OF BONDS.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY ADOPTED EMERGENCY ORDINANCE 80-3 AMENDING
ORDINANCE 77-19;
JAN 2 31980 43 aooK 42 FacF 5�V
n ~^JAN 2 31990
ORDINANCE NO. 80-3
Boa 42 PACE 591
AN EMERGENCY ORDINANCE AMENDING COUNTY
ORDINANCE NO. 77-19 ENTITLED: "AN ORDINANCE
RELATING TO THE ACQUISITION, CONSTRUCTION,
FURNISHING AND EQUIPPING OF COUNTY CAPITAL
PROJECTS IN INDIAN RIVER COUNTY, FLORIDA:
AUTHORIZING THE ISSUANCE OF BONDS BY THE BOARD
OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA, TO FINANCE THE COST OF SUCH
PROJECTS, PAYABLE FROM REVENUES, IF ANY,
DERIVED FROM SAID PROJECTS AND ALSO PAYABLE
FROM A PORTION OF THE STATE REVENUE SHARING
TRUST FUNDS RECEIVED BY INDIAN RIVER COUNTY OR
OTHER FUNDS OF THE COUNTY DERIVED FROM SOURCES
OTHER THAN AD VALOREM TAXES, PROVIDING THE
METHOD BY WHICH THIS ORDINANCE SHALL BECOME
EFFECTIVE;" INCREASING THE MAXIMUM RATE OF
INTEREST WHICH BONDS ISSUED THEREUNDER MAY
BEAR; PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Article VIII, Section 1 of the
Constitution of the State of Florida and Section 125.01 et seq.,
Florida Statutes, the Board of County Commissioners of Indian
River County, Florida, has all powers of local self-government to
perform county functions and to render county services in a
manner not inconsistent with general or special law and such
power may be exercised by the enactment of county ordinances; and
WHEREAS, the County has heretofore enacted County
Ordinance No. 77-19 authorizing the issuance of bonds to finance
County capital projects; and
WHEREAS, because of conditions in the municipal bond
market, it is necessary for the public health, safety and general
welfare of the County and its citizens that said Ordinance be
amended to increase the maximum interest rate at which bonds
issued pursuant to said Ordinance No. 77-19 may bear;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
SECTION 1. Section 2 of Ordinance No. 77-19, duly
enacted on August 3, 1977, and effective August 9, 1977, and
referred to by title in the title of this. Ordinance, be and the
same is hereby amended to read as follows:
"SECTION 2. To.pay the cost of such projects,
as above described, or to refund any bonds issued for
such purposes, the Board is authorized to issue bonds _
from time to time (hereinafter referred to as "bonds").
Such bonds may be in coupon form, in such denomination
or denominations, bear interest at such rate or rates
not exceeding nine per centum (9%) per annum and shall
mature at such time or times not exceeding forty (40)
years from their date or dates as may be determined by
the Board. The bonds may be made redeemable before
maturity, at the option of the Board, at such price or
prices and under such terms and conditions as may be
fixed by the Board prior to their issuance. The Board
shall determine the place or places of payment of the
principal and interest which may be at any bank or trust
company within or without the state. The bonds shall be
signed either by manual or facsimile signatures of the
Chairman and Clerk of the Board, provided that such
bonds shall bear at least one (1) signature which is
manually executed thereon, and the coupons attached to
such bonds shall bear the facsimile signature or signa-
tures of such officer or officers as shall be designated
by the Board. The .bonds shall have the seal of the
Board affixed, imprinted, reproduced or lithographed
thereon, all as may be prescribed in the resolution or
resolutions authorizing the issuance thereof. The bonds
shall be sold at public sale or private sale at such
price or prices as the Board shall determine to be in
the best interest, provided that the price shall be not
less than ninety-five per centum (95%) of the par value
of the bonds sold."
SECTION 2. The remaining provisions of said Ordinance
No. 77-19 shall remain in full force and effect and are hereby
ratified and confirmed.
SECTION 3. This Board does`hereby declare that an
emergency exists and by no less than four-fifths (4/5) vote does
-2-
JAN 2 31980 8009 42 PAGE524
JAN 23 1980
BOOK 42 PAGE 593
hereby waive notice of intent to consider this Ordinance.
SECTION 4. A certified copy of this Ordinance, as
enacted, shall be filed by the Clerk of the Board with the
Department of State of Florida, as soon after enactment as is
practicable by depositing the same with the postal authorities of
the Government of the United States for special delivery by
registered mail, postage prepaid, to the Florida Department of
State. This Ordinance shall take effect when a copy has been
accepted by the postal authorities of the Government of the
United States for special delivery by registered mail to the
Florida Department of State.
This. Ordinance shall take effect January 24, 1980.
-3-
COMMISSIONER WODTKE LEFT THE-MEETING AT 2:45 O'CLOCK P.-M.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, COMMISSIONER DEESON AND CHAIRMAN SIEBERT VOTED IN FAVOR, THE
BOARD APPROVED OUT-OF-COUNTY TRAVEL FOR CIVIL-DEFENSE DIRECTOR LEE
NUZIE AND THREE MEMBERS OF THE CIVIL DEFENSE STAFF TO VISIT THE
RADEF MAINTENANCE AND CALIBRATION FACILITY AT BARTOW SOMETIME IN THE
LATTER PART OF .JANUARY TO EXCHANGE DEFECTIVE RADIOLOGICAL DETECTION
KITS, OBTAIN UPDATED INFORMATION, AND MEET WITH RADIOLOGICAL EXPERTS.
CHAIRMAN SIEBERT BROUGHT UP THE FOLLOWING LETTER OF JANUARY
14, 19801 RECEIVED FROM THE DER, AND FELT THAT IT SEEMS TO BE A VERY
BROAD LETTER WHICH COULD APPLY TO A LOT OF THINGS, I.E., THE 201 PLAN,
THE 208 STUDY, ETC.
JAN 2 3 19 0 47 Baan 44 PAGE 594
I
JAN 2 31990 eoox 42 PAGE 595
TWIN TOWERS OFFICE BUILDING '��� ��4i BOB GRAHAM
2600 BLAIR STONE ROAD "T GOVERNOR
TALLAHASSEE, FLORIDA 32301 d
v � JACOB D. VARN
SECRETARY
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL REGULATION
January 14, 198 OFF��;'�`f?�1l,
Honorable William C. Wodtke, Jr.
Chairman_, Indian River County Commission
County Courthouse z'=
I
2145 14th Avenue
Vero Beach, Florida 32960 CCc"rir .1gfdE�
Dear Chairman Wodtke:
This is to advise you of the upcoming Annual Water Resources
Conference (authorized by Chapter 373.026(9), Florida Statutes)
at which requests for Federal Funding of Water Resource Develop-
ment Projects (construction and/or studies) for federal fiscal
year 1982 should be submitted. The conference will be held in
Tallahassee in the auditorium of the Twin Towers Office Building,
2600 Blair Stone Road, on Wednesday, February 27, 1980, beginning
at 9 a.m.
At the conference, each agency, commission, district, muni-
cipality or political subdivision of the state responsible for a
specific water resources development program requiring federal
assistance will be responsible for presentation of its program
and the needs associated with that program. Programs eligible
for funding include both study and construction projects which
are normally carried out under authority of the U.S. Army Corps
of Engineers and are covered under the broad categories of
Navigation, Flood Control, Beach Erosion Control and Hurricane
Protection, Water Supply, Floodplain Information, Environmental
Restoration and Enhancement, and Urban Studies.
The attached instructions detail the format for submissions.
Please be as specific as possible when completing. the form, which
should be submitted to the Department of Environmental Regulation
by February 20, 1980, in order to provide staff review time prior
to the conference. We encourage each proponent to make an oral
presentation and to be present to answer any questions that might
arise. This will facilitate proper inclusion in the state's fis-
cal year 1982 program. Also enclosed is a schedule of the program
through submission to the Congressional delegation.
It should also be noted that inclusion in the state's Public
Works Program does not affect the status of any federal or state
permits that may be required. This remains a separate function
and is the responsibility of the local sponsor to make timely
application through established procedures. The Division of
Permitting does review all applications for funding submitted
through the Public Works Program and can advise on current
status of permits.
We look forward to your participation in the conference.
Sincerely,
�cobVarn
Secretary
- _ 48= ,� -
COMMISSIONER LOY FELT WE SHOULD GET IN TOUCH WITH OUR
CONSULTANTS IMMEDIATELY TO SEE IF THEY KNOW WHAT THIS IS ALL ABOUT,
AND IN GENERAL DISCUSSION, IT WAS AGREED THAT SOMEONE SHOULD FOLLOW
THROUGH ON THIS.
COMMISSIONER LYONS SUGGESTED THAT THIS MATTER BE LEFT WITH
THE ADMINISTRATOR TO SEE WHAT IS INVOLVED, AND ADMINISTRATOR JENNINGS
AGREED THAT HE WILL HANDLE THIS AND RESEARCH WHAT IS BEING REQUIRED,
ASSISTANT ADMINISTRATOR NELSON REPORTED THAT AS REQUESTED
EARLIER IN THE MEETING, HE HAS CHECKED THE HEALTH DEPARTMENT BUILDING
AND THERE IS NO INSULATION; THERE IS A 3' VOID BETWEEN THE FALSE ROOF
AND THE CORRUGATED METAL ROOF. HE AGREED THAT WE SHOULD NOT PUT IN
ANY AIR CONDITIONING UNTIL AFTER THE BUILDING IS INSULATED AND INFORMED
THE BOARD THAT PROPOSALS HAVE BEEN OBTAINED ON THE INSULATION, WHICH
WILL COST $2,198. HE STATED THIS IS THE BEST PRICE, AND THE COUNTY
CREW CAN INSTALL IT. MR. NELSON CONTINUED THAT THEY ARE GETTING MORE
PROPOSALS ON THE AIR CONDITIONING, BUT HE WOULD RECOMMEND THAT THE
ADMINISTRATOR BE GIVEN AUTHORITY TO GET THE BEST PRICE ON THE AIR
CONDITIONING UNITS AND WE GO AHEAD AND INCLUDE THE INSULATION OF THE
BUILDING. HE NOTED THAT WE HAVE PUT ON A NEW ROOF AND SOLAR FILM.
COMMISSIONER DEESON POINTED OUT THAT THE HEALTH DEPARTMENT
IS CURRENTLY WITHOUT EITHER HEAT OR AIR CONDITIONING, AND FELT WE
SHOULD MOVE AHEAD.
CHAIRMAN SIEBERT WAS RELUCTANT TO AUTHORIZE THIS WHEN COM-
MISSIONER WODTKE, WHO HAS MORE KNOWLEDGE ABOUT THIS SUBJECT, WAS NOT
PRESENT AND WE DON T HAVE THE OTHER PROPOSALS, BUT COMMISSIONER LYONS
NOTED THAT THE ADMINISTRATOR IS GETTING PROPOSALS FROM A NUMBER OF
SOURCES, AS SUGGESTED BY COMMISSIONER WODTKE, AND HE FELT THE
ADMINISTRATOR'S JUDGMENT SHOULD BE SUFFICIENT TO OBTAIN THE BEST PRICE.
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS-
SIONER DEESON, TO AUTHORIZE THE ADMINISTRATOR TO INSULATE THE CEILING
OF THE HEALTH DEPARTMENT BUILDING AND TO PROVIDE TEN TONS OF AIR
CONDITIONING BASED ON THE BEST PROPOSAL OF A GROUP OF PROPOSALS.
JAN 2 31980 49 Boox 42 PACE 596.
JAN 2 31990 80oK
42' ?AcE597
COMMISSIONER LOY ASKED IF THESE PROPOSALS COULDN'T BE
OBTAINED AS QUICKLY AS POSSIBLE AND THEN SHOWN TO COMMISSIONER 1,'ODTKE,
SHE FELT HE HAD LEGITIMATE QUESTIONS AND CONCERNS.
THE BOARD AGREED THAT COMMISSIONER WODTKE SHOULD BE SHOWN
THE PROPOSALS AND GIVEN AN OPPORTUNITY TO GO OVER THEM WITH THE
ADMINISTRATOR.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED WITH ALL MEMBERS PRESENT VOTING IN FAVOR.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, COMMISSIONER LYONS AND CHAIRMAN SIEBERT VOTED IN FAVOR, THE
BOARD GRANTED RETRO -ACTIVE APPROVAL FOR OUT -OF -COUNTY TRAVEL TO LEON
YOUNG OF THE UTILITIES DEPARTMENT WHO TRAVELED TO TALLAHASSEE AT
THE REQUEST OF THE DEPARTMENT OF ENVIRONMENTAL REGULATION TO COMPLETE
HIS SEWER OPERATOR'S CERTIFICATION.
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. 64464 - 64566 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE
IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO
ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL
MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR,
REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF
THESE flINUTES.
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED
AND CARRIED, THE BOARD ADJOURNED AT 3:05 O'CLOCK P.M.
ATTEST:
CLERK ('CHAIRMAN