HomeMy WebLinkAbout8/13/1980AUGUST 13, 1980
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN REGULAR SESSION AT THE CITY HALL COUNCIL CHAMBERS,
1053 20TH PLACE, VERO BEACH, FLORIDA, ON WEDNESDAY, AUGUST 13, 1980,
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 .JACK G. .JENN-INGS, COUNTY
ADMINISTRATOR; L.S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR;
GEORGE G. COLLINS, SJR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS;
JEFFREY BARTON, FINANCE OFFICER; AND VIRGINIA HARGREAVES AND +JANICE
CALDWELL, DEPUTY CLERKS.
THE CHAIRMAN CALLED THE MEETING TO ORDER.
COMMISSIONER DEESON LED THE PLEDGE OF ALLEGIANCE TO THE FLAG,
AND DR. JULIUS RICE, PASTOR, COMMUNITY CHURCH, UNITED CHURCH OF
CHRIST, GAVE THE INVOCATION.
ADDITIONS TO AGENDA
CHAIRMAN SIEBERT ASKED IF THE COMMISSIONERS HAD ANYTHING TO
ADD TO THE AGENDA.
ASSISTANT ADMINISTRATOR NELSON REQUESTED ADDING TWO ITEMS:
PAY RANGE INCREASE REQUESTED IN MEMO FROM PERSONNEL DIRECTOR DONLON;
AND A REQUEST FROM THE CITY OF SEBASTIAN FOR A CONTAINER SUPPORT.
ATTORNEY COLLINS REQUESTED ADDINGA DISCUSSION REGARDING A
MUNICIPAL SERVICE TAXING UNIT; AND A REPORT ON LITIGATION.
COMMISSIONER LYONS REQUESTED ADDING A DISCUSSION REGARDING
WATER SOUTH OF THE MOORINGS.
COMMISSIONER WODTKE REQUESTED ADDING, UNDER HIS REMARKS,.
APPROVAL TO ATTEND A MEETING IN PALM BEACH FOR A TWO-DAY SEMINAR.
CHAIRMAN SIEBERT REQUESTED ADDING A DISCUSSION AMENDING THE
AGREEMENT WITH THE CITY OF VERO BEACH REGARDING THE SOUTH COUNTY
FIRE DISTRICT.
ON MOTION MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS-
SIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE ADDITION OF THE ABOVE
ITEMS.
AUG' 13 1980
coax 44 E.* 21.6
AUG x.31980 eoaK..
44 PAGE 21
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS Ofr, ORRECTIONS
TO THE MINUTES OF THE REGULAR MEETING OF JULY 16, 1980.
COMMISSIONER Loy SUGGESTED THAT ON PAGE 35, FIRST LINE,
"THIS" BE CORRECTED TO "THIS."
THE CORRECTION HAVING BEEN MADE, ON MOTION BY COMMISSIONER
Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED
THE MINUTES OF THE REGULAR MEETING OF JULY 16, 1980, AS WRITTEN.
APPROVAL OF CLERKS AGENDA
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION FOR A PERMIT TO
CARRY A CONCEALED FIREARM FOR SHARON DENISE MAYS.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED THE BUDGET AMENDMENT FROM THE
MUNICIPAL SERVICE FUND TO ALLOCATE FUNDS FOR CONSULTING SERVICES
PERFORMED ON RENOVATIONS TO THE PEBBLE BAY SEWERAGE SYSTEM, AS FOLLOWS:
ACCOUNT TITLE ACCOUNT No, INCREASE DECREASE
OTHER PROFESSIONAL
SERVICES
RESERVE FOR
CONTINGENCIES
004-215-536-33.19
004-199-513-99.91
$25,000
$25,000
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR JUDITH
A. WAKEFIELD, COUNTY EXTENSION DIRECTOR, AS FOLLOWS:
AUG. 18-22 MARINELAND TO SUPERVISE I.R.C.4—HERS FROM MARINE
SCIENCE CLUB AND ASSIST WITH 4—H CAMP
ACTIVITIES
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAY ROLLS, COUNTY
COURT, .JULY TERM, 1980, IN THE AMOUNT OF $181.20; AND CIRCUIT COURT,
SPRING TERM, 1980, IN THE AMOUNTS OF $47.04 AND $50.00.
THE FOLLOWING REPORT WAS RECEIVED AND PLACE ON FILE IN THE
OFFICE OF THE CLERK:
REPORT OF CONVICTIONS, MONTH OF .JULY, 1980
HOUSING FINANCE AUTHORITY APPOINTMENT - RESOLUTION 80-77
INTERGOVERNMENTAL COORDINATOR THOMAS REPORTED THAT ONE
MEMBER OF THE HOUSING FINANCE AUTHORITY MUST REPRESENT LABOR, AND
SINCE GENE HARRIS IS NO LONGER ON THE BOARD, HE RECOMMENDED THAT
VINCE VALENTINO, WHO WAS PAST PRESIDENT OF THE UNION IN THE SCHOOL
SYSTEM, BE APPOINTED. HE ADDED THAT MR. VALENTINO IS CAPABLE, HAS
REVIEWED ALL THE PAPERWORK CONCERNING THE APPOINTMENT, AND IS WILLING
TO ACCEPT THE JOB.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPOINTED VINCE VALENTINO TO THE HOUSING
FINANCE AUTHORITY.
RESOLUTION 80-77 WILL BE MADE A PART OF THE MINUTES WHEN
RECEIVED.
3
AUG 131980
Bou 44 Pay[ 2 .
AUG 13 1980 BOOK 44 PAGF 19
STATE MEDICAL EXAMINERS FUNDING CONTRACT - APPROVED
THE BOARD DISCUSSED THE FOLLOWING LETTER REGARDING THE
STATE MEDICAL EXAMINERS FUNDING CONTRACT:
STATE OF FLORIDA
k DEPARTMENT OF
Health & Rehabilitative services
F
y
1317 WINEWOOD BOULEVARD
Willard W. Siebert, Jr., Chairman
Indian River County Commission
2145 14th Avenue
Vero Beach, FL 32960
Dear Mr. Siebert,
Bob Graham, Governor
TALLAHASSEE, FLORIDA 32301
July 30
Enclosed, please find three copies of the State
Medical Examiners' Funding Contract. The Legislature
appropriated $1,549,766 for the Medical Examiners'
Commission (MEC) to distribute for the purpose of
improving medical examiner services.
The MEC in executive session June 27, 1980 adopted
a distribution formula primarily based on the projected
1980 mid year population forecast. At the same meeting
the MEC approved the basic Contract enclosed.
1. The State releases funds to the department
on a quarterly basis.
2. Counties become eligible for the first two
(2) quarters upon completion and return of the
Contract.
3. Counties become eligible for the balance
of the Contract (3rd and 4th quarters) upon
receipt in the Commission headquarters of
the County Annual Expenditure Report.
This report reflects the total expenses for medical
examiner services spent by the counties during their
fiscal year, October 1, 1979 through September 30, 1980.
The County Annual Expenditure Report prepared at the close
of the county fiscal year, September 30, 1980, should be
submitted to the Medical Examiners' Commission
headquarters office no later than January 10, 1981.
Should you have any questions about this matter,
please give me a call.
Sincerely,
W. H. Braatz , ,�inistrator
1323 6'v'inewood Blvd.
Tallahassee, FL 32301
_ -(904) 487-2947 -
ON MOTION BY COMMISSIONER LAY, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY. APPROVED THE STATE MEDICAL EXAMINERS
FUNDING CONTRACT, AS OUTLINED, AND AUTHORIZED THE SIGNATURE OF THE
CHAIRMAN.
5 Boa 44 PAGE 22®
AUG 131904
L
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8
AUG 131980
Contract
State of Florida
BOOK
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
MEDICAL EXAMINERS' COMMISSION
And
INDIAN RIVER COUNTY
44 pAcE221
This Contract is entered between the State of Florida, Department
of Health and Rehabilitative Services, Medical Examiners' Commission,
represented by the officers executing this Contract and hereafter
styled by the "COMMISSION", and the Indian River Board of County
Commissioners, represented by the officer(s) executing this Contract
and hereafter styled the "COUNTY", to provide State supplemental funds
for county medical examiner services.
Any reference in this Contract to "Districts" shall mean Medical
Examiner Districts as established by the Medical Examiners' Commission.
WITNESSETH:
WHEREAS, the COMMISSION has been empowered to administer funds for
the continued improvement and upgrading of Medical Examiner Services
by Chapters 20.19 and 406, Florida Statutes, and,
WHEREAS, the COUNTY agrees to provide all services and facilities
as deemed necessary to carry out the intent of Chapter 406 F.S.
NOW THEREFORE, in consideration of the mutual understanding and the
provisions, terms, and conditions hereafter set forth, the COMMISSION
and the COUNTY mutually agree to the following:
1. The COUNTY agrees to:
Improve the services delivery capability and the quality of
Medical Examiners' Service,
1.1 Coordinate with the District Medical Examiner in developing
a budget for essential services, salaries, equipment,
buildings, transportation, investigations, autopsies,
toxicology, laboratory services and administrative costs
related to the Medical Examiner Services Program.
1.2 In the event that an examination or autopsy is performed by
the District Medical Examiner or his Associate upon a body
when the death occurred outside of his District, the
governmental body requesting the examination or autopsy
shall pay the fee for such services.
1.3 When a body is transported to the District, transportation
costs, if any, shall be borne by the COUNTY in which the
death occurred.
1.4 Budget funds paid under this Contract for the sole purpose
of augmenting,.supporting, and improving the District Medical
Examiner Services Program of this District.
1.5 Budget these funds for improving fees for service, salaries,
equipment, buildings, transportation, investigations, autopsies,
,toxicology, laboratory services, and other expenses related
to Medical Examiner Services only.
1.6 Pay from the general funds or any other funds under the
control of the Board of County Commissioners except those
by terms of this Contract, for routine and ordinary fees,
salaries, and expenses of the District Medical Examiner.
1.7 Provide the COMMISSION a County Annual Expenditure Report
identifying total funds expended or encumbered for Medical
Examiner Services on forms provided by the COr11MISSION
(Exhibit A) specifying:
0
a. Salaries and/or fees for service
b. Transportation
C. Facilities and equipment
d. Administrative costs
e. Other related expenses
1.8 Return of Funds
Any funds, or part thereof, not expended for the aforementioned
services shall be considered COMMISSION funds, and shall be
returned to the COMMISSION. Any funds improperly expended in
violation of this Contract or State requirements, or any
funds incorrectly expended shall be returned in full to the
COMMISSION.
1.9 Comply with Title VI and VII, Civil Rights Act of 1964:
a. To comply with Title VI and VII, Civil Rights Act of
1964 (42 USC 2000d), Executive Order No. 11246;
entitled "Equal Employment Opportunity", as supplemented
in Department of Labor Regulations (41 CFR Part 60), and
in Department of Labor Regulations (41 CFR Part 60), and
Federal Regulations concerning non-discrimination because
of mental and physical handicaps.
b. In the event of the COUNTY'S non-compliance with the
requirements of this clause, the Contract may be
terminated or suspended in whole or in part.
1.10 Monitoring:
To permit the DEPARTMENT to monitor the activities in the
COU14TY according to applicable regulations of: ---the Federal
and State Governments.
1.11 Retention of Records:
Retain all financial records, supporting documents, statistical
records, and any other documents pertinent to this Contract for
a period of three (3) years after starting date of the applicable
retention period, or if audit findings have not been resolved at
the end of five (5) year period, the records shall be retained
until resolution of the audit findings. Persons duly authorized
by the COMMISSION shall have full access to, and the right to
examine any of said materials during Contract period.
2. The COMMISSION agrees to:
2.1 Pay the COUNTY a total sum of $ 9,011
2.2 Payment will be made on a quarterly basis upon complete
execution of this Contract. The third (3rd) quarter
(January 1, 1981 through March 31, 1981) and the -fourth
(4th) quarter (April 1, 1981 through June 30, 1981) funds
will not be provided until the COMMISSION receives the
COUNTY ANNUAL EXPENDITURE REPORT* on the form provided by
the COMMISSION.
*Note: The County Annual Expenditure Report, defined in
paragraph 1.7 of this Contract, requires a summary of funds
expended by the COUNTY for medical examiners support during
the county fiscal year, October 1, 1979 through September 30,
1980. This report is expected in the Commission office no
later than January 10, 1981.
3. The COUNTY and COMMISSION mutually agree:
3.1 This Contract shall be prepared with original signatures in
duplicate:
-2-
AUG 131980
L --
Boa 44. PAu "M
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AUG 131980
BOOK .44 PA -223
a. One completed Contract to be retained by
the COMMISSION,
b. One completed Contract to be returned to
the COUNTY.
(Note: As a public record as defined in Chapter 119 Florida
Statutes, additional "copies" may be made and retained for
those desiring them.)
3.2 This Contract is effective for the State fiscal year
July 1, 1980 through June 30, 1981.
3.3 This Contract is subject to the availability of funds and
the determination as to such availability rests solely with
the COMMISSION. If funds become unavailable, the COMMISSION
may terminate this Contract on 24 hours notice.
3.4 Any alterations, variations, modifications or waivers of
provisions of this Contract shall only be valid when they
have been reduced to writing, duly signed and attached to
the original of this Contract. The parties agree to re-
negotiate this Contract if State revision of any applicable
laws or regulations make changes in this Contract necessary.
3.5 This Contract contains all the terms and conditions agreed
upon by the parties. All items incorporated by references
are physically attached. No other agreements, oral or
otherwise, regarding the subject matter of this Contract,
shall be deemed to exist or to bind any of the parties
hereto.
IN WITNESS WHEREUPON, the parties have caused this three page
Contract be executed by their undersigned officials as duly authorized.
Attest:
Date:
Attest:
Date:
-3-
State of Florida, Department of
Health and Rehabilitative Services
Assistant Secretary for Operations
j
For the Bo rd of County. C mmissioners
-I
TREASURE COAST KIWANIS CLUB — BIKE PATH
DEAN LUETHJE, OF THE TREASURE COAST KIWANIS CLUB, APPROACHED
THE BOARD AND ADVISED THAT IT HAD BEEN THREE WEEKS SINCE COMPLETION
OF THE BIKE PATH. HE THEN READ THE FOLLOWING LETTER ALOUD:
EN(;INl4:1,:1?S \NJ) 1.i\N1)
MARVIN E. CAP,ILR, R.L.S.
DANA HOWARD, R.L.S.
DEAN F. LUETH!E, P.E.
Mr. Jack Jennings
Co. Administrator
I.R. Co. Court House
.14th Ave.
Vero Beach, Fla. 32960
Dear Mr. Jennings:
JERO EE _Fi, FL 37^_.
August 12, 1980
Re: Bike Path - 12th St.
20th Ave. to 27th Ave.
By means of this letter please be advised that -the referenced bike path has
been constructed per your specifications and inspections.
Attached please find a release of lien and a letter of warranty from the
contractor, Global Paving Systems, Inc.
On behalf of the Vero -Treasure Coast Kiwanis Club we would request that
Indian River County accept this bike path from the people of Indian River
County and the Vero -Treasure Coast Kiwanis Club.
DFL/vr
Encl.
AUG 131980
9
Very truly yours,
CARTER ASSOCIATES INC.
��}
Dean F. Luethje, P.
Boa 44. Pacea"I
F_
AUG 131980
Be% ' .44 PacF 225
KEN DEMMER, PRESIDENT OF THE KIWANIS CLUB, APPROACHED THE
BOARD AND STATED THAT A GREAT MANY PEOPLE HELPED CONTRIBUTE TO THE
BIKE PATH, AND IF IT AT LEAST SAVES THE LIFE OR SAVES INJURY TO JUST
ONE PERSON, THEY WILL BE HAPPY. HE THEN PRESENTED COMMISSIONER Loy
AND ADMINISTRATOR JENNINGS WITH BIKE PATH SIGNS AS TOKENS OF THEIR
APPRECIATION.
ATTORNEY COLLINS COMMENTED THAT SINCE THE KIWANIS CLUB
HAS DONATED THE BIKE PATH TO THE COUNTY, THE COUNTY WILL BE RESPONSIBLE
FOR ITS MAINTENANCE.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY ACCEPTED THE BIKE PATH FROM THE TREASURE
COAST KIWANIS CLUB AND WILL BE RESPONSIBLE FOR ITS MAINTENANCE.
CHAIRMAN SIEBERT THEN THANKED THE KIWANIS CLUB FOR THEIR
FINE WORK AND WOULD LOOK FORWARD TO WORKING WITH THEM AGAIN IN THE
FUTURE.
BIKE PATH.
COMMISSIONER WODTKE INQUIRED AS TO THE TOTAL COST OF THE
MR. LUETHJE ADVISED THAT THE PAVING CONTRACT WITH GLOBAL
PAVING SYSTEMS WAS FOR $10,500, WHICH INCLUDED A DONATION FROM THE
CONTRACTOR. HE ADDED THAT THE KIWANIS CLUB HAD $11,070 FOR THIS
PROJECT, AND HE ESTIMATED THAT IT COST $11,000 FOR 2100 FT. OF ACTUAL
PAVED BIKE PATH - THE ROUTE IS OVER ONE-HALF MILE LONG. MR. LUETHJE
NOTED THAT THEY HAVE NOT RECEIVED THEIR BILL FOR THE SIGNS AS YET,
AND THEY ARE PLANNING TO ADD SOME SOD ALONG THE BIKE ROUTE. HE
CONTINUED THAT ADMINISTRATOR JENNINGS AND MR,HAMILTON, OF THE ROAD
& BRIDGE DEPARTMENT, HELPED THE CLUB WITH THE CULVERTS AND FINISHED
THE CLEAN-UP OF THE PROJECT.
ADMINISTRATOR .JENNINGS COMMENTED THAT IT WAS INDEED A
PLEASURE TO WORK WITH THE CLUB ON THIS PROJECT.
10
ROSELAND COLLECTION STATION FENCE - BUDGET AMENDMENT
ADMINISTRATOR JENNINGS ADVISED THAT $700 WOULD BE NEEDED
TO INSTALL A FENCE AROUND THE ROSELAND COLLECTION STATION.
DISCUSSION FOLLOWED ABOUT THE SURVEY THAT ADMINISTRATOR
JENNINGS ORDERED TO REESTABLISH THE FOUR BOUNDARY CORNERS, PLUS
OBTAIN A CERTIFICATE.
FINANCE OFFICER BARTON NOTED THAT SINCE THE MONEY FOR THESE
ITEMS WERE NOT IN THE BUDGET, FUNDS WOULD HAVE TO BE TRANSFERRED,
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO ALLOCATE
FUNDS FOR A SURVEY AND TO INSTALL A FENCE AROUND THE ROSELAND
COLLECTION STATION, AS FOLLOWS:
ACCOUNT TITLE ACCOUNT NO, INCREASE,ECR A
OTHER PROFESSIONAL
SERVICES 004-209-534-33.19 $ 450,00
OTHER IMPROVEMENTS
EXCEPT BUILDINGS 004-209-534-66.39 $ 700.00
RESERVE FOR
CONTINGENCIES 004-199-513-99.91 $1,150.00
TREES - SANITARY LANDFILL
COMMISSIONER LYONS INQUIRED IF ANY TREES HAD BEEN PLANTED
BETWEEN I-95 AND THE SANITARY LANDFILL.
ASSISTANT ADMINISTRATOR NELSON ADVISED THAT THE TREES HAVE
BEEN PLANTED, AND THERE IS A COMPLETE PROGRAM WHICH IS UNDER THE
DIRECTION OF THE URBAN FORESTER,
SPECIAL CALLED MEETING
CHAIRMAN SIEBERT NEXT DISCUSSED HAVING A SPECIAL CALLED
MEETING AT THE SCHOOL BOARD REGARDING THE NORTH COUNTY FIRE DISTRICT,
LAURELWOOD SUBDIVISION STREET LIGHTING DISTRICT, AND ROCKRIDGE SUB-
DIVISION STREET LIGHTING DISTRICT.
11 BOOK 44 PACE -2'6A ,
AUG 131980
AUG 1319®0 Boa 44 PAGE 2'7.
THE BOARD NEXT DISCUSSED THE FOLLOWING LETTER AND'AGREEMENT
DATED ,JANUARY 10, 1973:
Head Start of Indian River County
A Child Development Program
E.O.C.
3550 41ST STREET •f,•:
VERO BEACH, FLORIDA 32060
Director: We lmon B. Pippin
Indian River County 3oard of Commissioners
Indian River County Court House
Vero Beach, Fla 329,060
Dear Sir/Madam:
567-4347
567-4348
Recently, our major funding agency has requested that we submit a
copy of our 1951 lease. This lease is to cover the period of January
1, 1931 to December 3.1, 1981. We must have these documents ;:
S AGZE�:aG;::" race th S �,r,;,�dav of 7ar.uary, 1973, by
and beti•7een BO..RD O: C0 , TY CO, ::-:ISSIONZ R S CE IIM1A. N'
R7:7-7-) CO::.:it•I FLORIDA, _DA here_::ar ter re=: _ e~ `o as "Board"
and ECONO:`IC OPPORTUNITIES COU*.CIL OF I.:O-.'_.:.�'E.. CO�;::TF,
F.LORNIDA, hereinar ter called E.O.C. , for and in ccnsideration
Oithe SO11oWin: CCvenants, do agree as
1. That the Board grants to E.O.C. the richt and
Dr.vileae to use the .,Card'S grope=ii' �.nOY::7 a5 ��T1e :le?Sa;,t
Ridge School" for the E.O.C. 's federally financed programs.
Particination is to be open to all eligible citizens of
Indian River County.
2. That said right and privilege will be in ef=ec- until
d by the Board and, in that event, the E.O.C. agrees to
revoked A.
vacate the property immeaiately.
3. The E.O.C. *ill naake no unlawful, improper or offensive
use of the property.
4. The E.O.C. will allow other nor. -profit com+-nun ity groups
to use the property after application to and approval by the
E.O.C.
S. The E.O.C. will pay all utility bills and the required
deposits.'
6. The E.O.C. will naintain liability insurance in an
amount not less than $300,000.00, making 'he Board an additional
insured -and will provide the Boa -rd %. i th a copy of said policy
within 60 days of the signing of this Agreement.
7. The E.O.C. will maintain the exterior and interior of
the property in good and substantial repair.
S. The E.O.C. will erect no exterior signs without prior
approval of the Board.
9. The E.O.C. will keen and maintain the property in a
clean con0ition, including the yards, and will promptly romove
ant��rcon or therein.
�
AUG 3 NOBo®K :44 PAGE8
AUG 131980 Boa .44 PgE229-
00. The E.O.C. gill not �:.ake
any c :antes or alterations
a6di.ions or mo6if iccdens t0 the property without the prior
consent- of the Board.
11 .The E.O.C. agrees t;, make quarterly reports to the
Board concerning the uti 1i =a -_ion of the property, which reports
will cont-ai n:
(a) Number of days property is ut' iized.
(b)
Ni-l-aber
of
participants.
(c)
Number
of
days the property*
is utilized
by
other
non-profit corumunity groups.
(d) Income or donations derived from utilization of the
property.
(e) Expenditures on the property.
12. Annual Financial Audit will be provided to the Board.
IN WITN SS itir_EP.EOF, the Board and E.O.C. have hereunder
by their authorized tepresentatives,, set their hands and seals
this /c day of January, 1973.
Attest: f�✓/.•,S S••:+
Attest:
BOARD OF COUNTY CO_M-MISSIONEi:S
OF iNDIAN RIVER COUNTY, FLORIDA
Alma Lee Loy, ChairAman
ECONOMIC OPPORTUNITIES COUNCIL
OF INDIM RIVER COUNTY, FLORIDA
Willie Otis Cobbs, President
DISCUSSION FOLLOWED AND IT WAS NOTED THAT THE AGREEMENT
SETS OUT THAT REPAIRS WOULD BE THE RESPONSIBILITY OF EOC.
MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS-
SIONER LYONS, THAT THE EOC BE NOTIFIED THAT IT IS THEIR RESPONSIBILITY
TO TAKE CARE OF THE EXTERIOR AND INTERIOR OF THE BUILDING.
THE BOARD DISCUSSED WHETHER OR NOT QUARTERLY REPORTS HAVE
BEEN RECEIVED FROM EOC, AND ATTORNEY COLLINS COMMENTED THAT THIS WAS
NOT A REQUIREMENT,
ATTORNEY COLLINS EXPLAINED THAT THIS IS A USE AGREEMENT,
RATHER THAN A LEASE AGREEMENT.
COMMISSIONER WODTKE WANTED TO INCLUDE IN THE MOTION THAT
IF ALTERATIONS OR CHANGES ARE TO BE MADE BY THE EOC, THEY MUST BE
APPROVED FIRST BY THE BOARD, AS INDICATED IN ITEM 10 OF THE AGREEMENT.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
COMMISSIONER LYONS EXPRESSED CONCERN OVER THE ATTENDANCE
PROBLEMS AT THE EOC MEETINGS, AND DID NOT FEEL TOO STRONGLY ABOUT
THE EXCUSES,
CHAIRMAN SIEBERT EXPLAINED THAT HE HAD AN OPPORTUNITY TO
DISCUSS A MATTER WITH THE NEW DIRECTOR AND FOUND HIM TO BE EXCEPTIONALLY
COOPERATIVE - COMMISSIONER LYONS AGREED THAT HE WAS ALSO VERY MUCH
IMPRESSED WITH HIM.
CHAIRMAN SIEBERT COMMENTED THAT IF THE BOARDS ACTION SEEMED
A LITTLE HARSH, IT HAD NOTHING TO DO WITH THE EOC ADMINISTRATION.
AWARD FOR R. DALE PATCHETT RE: REGIONAL PLANNING LEGISLATION
COMMISSIONER LYONS READ THE FOLLOWING RESOLUTION 80-69
ALOUD HONORING R. DALE PATCHETT, AND PRESENTED IT TO HIM:
15
AUG 131980
BOOK 44 PAGE 2.30
Fr- AUG 1_3
WHEREAS, the Board of County Commissioners of Indian k.
River County wishes to express its gratitude and appreciation C
for the efforts of Representative R. Dale Patchett, the Representa-
tive of the 48th District to the Florida House of Representatives;C
and
WHEREAS, these efforts have resulted in the advancement
of the public interest and the general welfare of the citizens
of Indian River County and the State of Florida; and
WHEREAS, the personal leadership of Representative R.
Dale Patchett as'Chairman of the Sub -Committee on Environmental
Permitting and Protection of the full house Committee on Natural
Resources resulted in legislation restructuring Florida's 11
Regional Planning Councils, that being House Bill 1452; and
WHEREAS, the Chairmanship of R. Dale Patchett in the
same Sub -Committee and through his personal leadership efforts
resulted in streamlining the development of regional impact
and environmental permitting processes, that being House Bill
1422; and
WHEREAS, Representative R. Dale Patchett's personal leader
ship on the floor of the House of Representatives during the
last days of the session aided in defeating a number of amendments
to the DRI Bill which would have diminished local government
home rule decision making in the area of land use, zoning and
licensing;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIA14 RIVER COUNTY, FLORIDA:
That the Board take this opportunity to honor and thank
Representative R. Dale Patchett for his excellent personal leader-
ship, legislative record, and the contributions he has made to the
citizens of Indian River County and the citizens of the State
of Florida.
Said Resolution shall become effective as of the 9th
day of July, 1980.
H
00 V-1."
F . j,11V_%A&__
Chairmefi,County Commissioners
COMMISSIONER LYONS THEN READ THE LETTER OF .DULY 25, 1980
FROM FLORIDA COUNTIES, AS FOLLOWS:
Horida- -..
July 25, 1980
The Honorable Dale Patchett
Florida State Representative
P. 0. Box 2380
Vero Peach, FL 32960
Dear Representative Patchett:
On behalf of the 67 member counties of the State Association of
County Commissioners of Florida, I would like to thank you for the outs-._andinc
leadership you displayed on resource management issues during the recent session
of the Florida Legislature.
As Chairman of the Subcommittee on Ehvironmrntal Permitting and
Protection of the House Natural Resources Committee, your personal leadership
in guiduZg to successful passage legislation restructuring Florida's 11 Regional
Planning Councils (HB -1452) and streamlining the development of -regional i=act
environmental permitting process (HB -1422) is sincerely appreciated. The passage
of these two bills will ensure a more efficient and effective administration of
the natural resource programs and policies for which our State has been recog-
nized throughout the Nation.
At our recent Board of Directors' meeting, your personal efforts on
behalf of local government issues concerning these two bills were summarized
by our staff and were recognized as instrumental in helping our Association
move in the direction of achieving our legislative objectives. l\ssociation staff
has also informed ;re that, throughout the legislative process, the various con-
cerns and perspectives of local government officials were more than adequately
represented as a result of the leadership which you displayed from the Chair.
We are particularly appreciative of your leadership on the floor of the House
of Representatives during the last days of the session when you assisted us in
defeating a number of amendments to the DRI bill which would have diminished
local government home rule decision making in the area of land use, zoning and
licensing.
Again, we in county government thank you for the leadership you are
showing and look forward to ,,corking with you in the future.
Sincerely,
earl .Lancaster
President
4 A. E~ e, $y��qq'•,!•KK a �":.y .9" a a 3�'rn./ Ei ''-� 5 i"A!°} k�'b� .r t^".'yS !.Lti .^�. r +r .f'�-•`x j . A
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PO. Box 549 / Tallahassee, Florida 32302 Phone: 904/224-3148
ZEARL LANCASTER, President NANCIE CRABB, Vice President FRANK "Bubba" SMITH, Secretary -Treasurer JOHN TH NAS
ESCAMBIA DUVAL POLK EXECUTIVE DIRECTOR
AUG 131980 17 BOOK, 44 PACE 232
AUS 131980
sox 44' PUE 233
COMMISSIONER LYONS, AS CHAIRMAN OF THE TREASURE COAST
REGIONAL PLANNING COUNCIL, THEN PRESENTED A CERTIFICATE OF APPRECIATION
TO R. DALE PATCHETT.
SAM SHANNON, EXECUTIVE DIRECTOR OF THE TREASURE COAST
REGIONAL PLANNING COUNCIL IN STUART, FLORIDA, APPROACHED THE BOARD
AND STATED THAT HE HAD TWO ITEMS TO PRESENT TO MR. PATCHETT AS AN
EXPRESSION OF APPRECIATION. HE READ ALOUD AND THEN PRESENTED HIM WITH
A LETTER FROM THE EXECUTIVE DIRECTOR OF THE FLORIDA LEAGUE OF CITIES;
ALSO PRESENTED AN AWARD FROM THE FLORIDA NATIONAL COUNCIL ASSOCIATION,
OF WHICH THERE ARE 11 REGIONAL PLANNING COUNCILS, FOR MR, PATCHETT'S
EFFORTS THIS YEAR. MR. SHANNON STATED THAT HE WAS VERY PLEASED TO BE
AT THIS LOCAL GOVERNMENT MEETING TO MAKE THE PRESENTATIONS TO MR.
PATCHETT, AND NOT AT A WATER MANAGEMENT MEETING. HE ALSO WANTED TO
EXPRESS TO THE COMMUNITY AND BOARD THE MANY THINGS HE WITNESSED IN
TALLAHASSEE, SUCH AS THE DEDICATION MR. PATCHETT SHOWED IN PASSING
THIS COMPLEX ISSUE. MR. SHANNON FELT MR. PATCHETT WAS ABLE TO HANDLE
IT WELL, AND ALL OF THE INTERESTED GROUPS WERE ABLE TO PRESENT THEIR
POSITIONS. HE ADDED THAT ONCE THE CAST WAS SET, MR. PATCHETT WAS A
MAN OF HIS WORD AND GOT THE BILL PASSED, AS A RESULT, HE MAY BECOME
KNOWN AS THE FATHER OF REGIONAL PLANNING COUNCILS OF FLORIDA.
MR. PATCHETT ACCEPTED THE VARIOUS AWARDS BESTOWED ON HIM
AND EXPRESSED HIS APPRECIATION FOR ALL OF THE HONORS. HE COMMENTED
THAT HE HAD A VERY INTERESTING SPRING IN TALLAHASSEE; ALSO THAT MR.
SHANNON AND COMMISSIONER LYONS WERE EXTREMELY HELPFUL TO HIM. MR.
PATCHETT NOTED THAT THEY STILL HAVE A LONG WAY TO G0, BUT WAS VERY
PLEASED TO BE ABLE TO WORK OUT A COMPROMISE WITH THE GOVERNOR'S
OFFICE, THE WATER MANAGEMENT DISTRICT, AND THE REGIONAL OFFICES.
CHAIRMAN SIEBERT FELT. THE PASSING OF THE BILL WAS A
MONUMENTAL ACCOMPLISHMENT AND HE EXPRESSED APPRECIATION FOR ALL OF
MR. PATCHETT'S EFFORTS.
1g=
PUBLIC HEARING TO ADOPT AN ORDINANCE AMENDING ORDINANCE 71-3 RE:
REDUCTION OF SQUARE FOOTAGE FOR TRAVELERS' HOTEL & MOTEL UNITS -
ORDINANCE 80-33
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:
VERA BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Iridian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a /MZz
in the matter of [>2✓�1�yr�9GCf /f'i2Zt?J(
in the Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before mg this 12 day of A.D.44_
(Business Manager)
(SEAL) (Clerk of the Circuit CourtI than River County, Florida)
NOTICE
NOTICE IS HEREBY GIVEN that the Board
of County Commissioners of Indian River
County, Florida, will hold a public hearing on
August 13, 1980 at 9:30 A.M. in the City Council
Chambers in the Vero Beach City Hall to
consider the adoption of an
Ordinance amending Indian River County,
Ordinance 71-3, as amended, Section 18 B-1,
Planned Business District, (d)(1); Section 19
C -IA, Restricted Commercial Districts,
(h)(1); and Section 20-C-1, Commercial
District, (c)(1); providing for minimum
square feet are of living quarters per (family)
unit for Travelers' Hotel and Motel Units
(including closets and baths), located within
1,200 feet of Interstate Highway No. 95.
BOARD OF, COUNTY COM-
MISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
By: -s -Willard W. Siebert, Jr.
Chairman
Michael O'Haire
3103 Cardinal Drive
Vero Beach, Fla. 32960
July 13,1980.
PLANNING DIRECTOR REVER STATED THAT THIS IS A PROPOSAL TO
CHANGE THE PRESENT ZONING ORDINANCE TO ACCOMMODATE A NEW CATEGORY
CALLED "TRAVELERS' HOTEL AND MOTEL;" IT WAS INITIATED BY THE APPLICANT,
WHO IS REPRESENTED BY ATTORNEY O'HAIRE. HE CONTINUED THAT TO BE IN
THIS CATEGORY, THE REDUCTION DOES NOT AFFECT THE AMOUNT OF DENSITY
PER UNIT, JUST THE SIZE. PLANNER REVER STATED THAT THE STANDARD WE
HAVE NOW FOR HOTELS AND MOTELS IS 300 SQ. FT. PER UNIT, INCLUDING
19 8001( X44 -PAj t �4
AUG 131980
AUG 131980
B-ooK 44 FA E235
tf •
CLOSETS AND BATHROOMS, AS OPPOSED TO THE PROPOSAL FOR 2•QQ SQ-., FT.
HE ADDED THAT STAFF RECOMMENDS THAT THE PRESENT REQUIREMENTS BE KEPT
AS THEY ARE BECAUSE THEY FEEL THERE HAS BEEN NO POSITIVE DEMONSTRATION
FOR THE NEED FOR UNITS OF THIS TYPE, EVEN THOUGH THEY WOULD BE
RESTRICTED TO CERTAIN AREAS AROUND I-95. THE PLANNER COMMENTED THAT
THIS ACTION MIGHT ENCOURAGE OTHER TYPES OF UNITS WITH SMALLER
DIMENSIONS TO BE PLACED IN THAT AREA, AND HIS STAFF DID NOT FEEL, AT
THIS TIME, THAT IT WOULD BE THE BEST OR MOST REASONABLE USE OF THE
LAND. HE FELT THERE IS A NEED FOR AN IN-DEPTH STUDY TO DETERMINE IF
WE NEED TO SERVE THE TRAVELING PUBLIC. THE PLANNER THEN RECOMMENDED
THAT THIS PARTICULAR ORDINANCE NOT BE APPROVED AND THAT THE REQUIRE-
MENTS BE KEPT AS THEY ARE NOW.
ATTORNEY O'HAIRE APPROACHED THE BOARD AND STATED THAT HE
HAS MADE THE APPLICATION ON BEHALF OF A CLIENT OF HIS. HE THOUGHT
THE PLANNING STAFF'S FEELING BOILED DOWN TO AN ASSESSMENT ON THEIR
PART AS TO WHETHER OR NOT THERE WAS A NEED DEMONSTRATED, HE INDICATED
THAT SOME PROOF OF A NEED IS THAT HIS CLIENT IS PAYING A FAIR AMOUNT
OF MONEY - THEY ARE A NATIONWIDE CHAIN OF MOTELS AND HAVE DEVOTED THE
EFFORT OF THEIR STAFF TO FIX ON THIS AREA, AS A LOCATION, AND HAVE
IDENTIFIED A NEED FOR THE TRAVELING PUBLIC TO HAVE A LOWER PRICE
OF ACCOMMODATION. HE CONTINUED THAT THE COST OF ACCOMMODATIONS IS
STRICTLY A FUNCTION OF CONSTRUCTION COST IN TERMS OF RETURN ON INVEST-
MENT AND THE COST PASSED ONTO THE TRAVELER. ATTORNEY O'HAIRE NOTED
THAT PRESENTLY THE MINIMUM REQUIREMENT IS 300 SQ. FT. FOR A MOTEL
ROOM. HE ADDED THAT HE REPRESENTS THE OWNERS OF SOME 200 MOTEL UNITS
ON THE BEACH AND RECENTLY HAD OCCASION TO SEE THE TRANSFORMATION OF
ROOMS AT THE DRIFTWOOD HOTEL ON THE BEACH INTO ESSENTIALLY SUITES OF
300 SQ. FT. -ATTORNEY O'HAIRE NOTED THAT 300 SQ. FT. IS APPROPRIATE
FOR A FAMILY WHO IS MAKING SOMETHING MORE THAN AN OVERNIGHT STAY - IT
IS A ROOM LARGE ENOUGH TO LIVE IN FOR A WEEK. HE POINTED OUT THAT
IN THE VICINITY OF I-95, YOU HAVE OVERNIGHT TRAFFIC - PEOPLE ARE NOT
GOING TO SPEND A WEEK OR TWO AT I-95; THEREFORE, THERE IS NO NEED
TO HAVE ROOMS OF 300 SQ. FT. AT THIS LOCATION.
ATTORNEY O'HAIRE DID
NOT THINK IT WAS AN APPROPRIATE PLANNING FUNCTION TO MAKE A BUSINESS
DECISION OF WHETHER OR NOT AN INVESTMENT SHOULD BE MADE, HE ADDED
THAT HIS CLIENTS HAVE NEVER RUN INTO A MINIMUM SQUARE FOOTAGE REQUIRE-
MENT THIS LARGE, BUT FELT THE ORDINANCE WAS DRAFTED HAVING IN MIND
DESTINATION -TYPE TRAVELERS, ATTORNEY O'HAIRE DID NOT THINK THAT THERE
WAS ANY OBJECTION FROM THE PLANNING DEPARTMENT TO A SMALLER PERMITTED
MOTEL ROOM WITHIN 1200' OF AN I-95 INTERCHANGE, AS THEIR ONLY COMMENTS
HAVE BEEN IN TERMS OF NEED, AND AS HE MENTIONED BEFORE, HIS CLIENT
HAS SPENT CONSIDERABLE TIME AND EFFORT IDENTIFYING THE NEED, NOT ONLY
IN INDIAN RIVER COUNTY, BUT AT SOME 150 LOCATIONS THROUGHOUT THE
COUNTRY, HE CONTINUED THAT THEY HAVE MADE A VALID BUSINESS DECISION
IN DETERMINING INDIAN RIVER COUNTY,AT THE INTERCHANGE AT ROAD 60,
COULD PROVIDE FOR THE TRAVELER A SMALLER TYPE OF ACCOMMODATION AT
LESS COST,
ATTORNEY COLLINS STATED THAT HE VIEWED THIS:.PUBLIC HEARING
AS HAVING TWO PURPOSES - ONE IS A REQUEST BY MR. O'HAIRE, AND THE
OTHER IS TO SATISFY WHAT APPEARS TO BE A VOID IN THE C -IA PORTION OF
OUR ZONING CODE WHERE THE PERMITTED USE OF MOTELS DOES NOT HAVE
SPECIFIC MINIMUM ROOM SIZES OUTLINED,
CHAIRMAN SIEBERT REITERATED THAT TWO ACTIONS ARE NECESSARY:
TO APPROVE OR DENY MR. O'HAIRE'S REQUEST, AND INCLUDE THE MIMIMUM
SQUARE FOOTAGE IN THE C -IA ZONE.
THE CHAIRMAN ASKED IF THERE WAS ANY ONE PRESENT WHO WISHED
TO BE HEARD.
WILLIAM KOOLAGE, SIS 26TH AVENUE, APPROACHED THE BOARD AND
STATED THAT AS HE UNDERSTOOD IT, ONE OF THE REASONS FOR THE PROPOSED
ORDINANCE CHANGE IS BECAUSE IT WOULD BE CHEAPER ACCOMMODATIONS WITH
A SMALLER ROOM SIZE. HE DID NOT THINK THE RATES HAVE ANYTHING TO DO
WITH THE MATTER AS THERE IS NO ASSURANCE OF IT. MR. KOOLAGE COMMENTED
THAT AS A TRAVELER, ONE OF THE THINGS HE LIKED WAS TO HAVE ADEQUATE
ROOM SIZE; THEREFORE, HE DID NOT SEE A NEED FOR THE COUNTY TO REDUCE THE
SQUARE FOOTAGE SIZE.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
AUG 131980 21 BOOK
44 PACE, �U
_I
AUG 13 1980 aooK 44 PacEz3%
COMMISSIONER LYONS STATED THAT IF WE WERE TO ALLOW SMALLER
ROOM SIZES, THEN THEORETICALLY, WE SHOULD HAVE LOWER ROOM RATES, AND
HE WONDERED IF IT WOULD CAUSE A PROBLEM TO THE OTHER MOTELS THAT ARE
bf
ALREADY THERE. HE ADDED THAT THE ONLY POSITIVE THING HE COULD THINK
OF WOULD BE THAT WE MIGHT GET ADDITIONAL BUSINESS IN THE COUNTY, WHICH
WOULD MEAN ADDITIONAL EMPLOYMENT.
COMMISSIONER LOY FELT THAT AT THIS MOMENT, WE HAVE OTHER
MOTELS WHO HAVE ADHERED TO THE RULES AND REGULATIONS, AND SHE COULD
SEE NO REASON TO DECREASE THE PRESENT REGULATION.
DISCUSSION FOLLOWED ALONG THOSE LINES.
PLANNER REVER INTERJECTED THAT THE STUDY DONE BY ATTORNEY
O'HAIRE'S CLIENTS IS NOT COMPLETE, AS THEY ARE STILL SEEKING INFORMATION.
HE WONDERED IF THEIR MAKING A BUSINESS DECISION IS STILL UP IN THE AIR.
ATTORNEY O'HAIRE ASSURED HIM THAT HE HAS COMMUNICATED WITH
THE PRESIDENT OF THE COMPANY AND THE ARCHITECT CONCERNING THIS STUDY.
COMMISSIONER WODTKE EXPRESSED CONCERN ABOUT THE RESTRICTIVE-
NESS TO I200' RADIUS OF I-95.
ATTORNEY COLLINS DETERMINED THAT THERE WAS A REASONABLE
CORRELATION BETWEEN ALLOWING A REDUCTION IN ROOM SIZE WITH THE TRANSITORY
POPULATION THAT WOULD BE PASSING ON THE INTERSTATE AS COMPARED TO
OTHER AREAS IN THE COUNTY.
CHAIRMAN SIEBERT STATED THAT HE WOULD NOT SUPPORT IT, AS
IN HIS TRAVELS, THE SMALLER ROOM SIZES DO NOT ALWAYS INDICATE A
SMALLER RATE.
COMMISSIONER LYONS ANNOUNCED THAT HE WAS NOT IN FAVOR OF
THE CHANGE, AND COMMISSIONER DEESON AGREED WITH HIM.
COMMISSIONER WODTKE COMMENTED THAT HE CAN SEE A NEED FOR THE
USE, BUT WAS -CONCERNED WITH THE VERY TIGHT RESTRICTIONS OF THE 1200'
RADIUS - HE WOULD VOTE AGAINST THIS, BASED ON THE WAY IT WAS PRESENTED.
22
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED ORDINANCE 80-33, AMENDING
ORDINANCE 71-3, AS AMENDED; SECTION 19 C -1A, RESTRICTED COMMERCIAL
DISTRICTS, (H) (1); PROVIDING FOR MINIMUM SQUARE FEET AREA OF
LIVING QUARTERS PER (FAMILY) UNIT FOR HOTEL AND MOTEL UNITS.
ATTORNEY COLLINS WANTED TO MAKE ONE POINT FOR THE RECORD;
IN HIS OPINION, THIS WAS NOT A SITUATION WHERE A VARIANCE WOULD HAVE
BEEN APPROPRIATE BECAUSE OF THE GREAT SIZE IN DIVERSITY. HE ADDED
THAT THE LEGISLATIVE FUNCTION FOR THE COMMISSION WOULD BE TO EITHER
CHANGE THE EXISTING ORDINANCE OR NOT CHANGE IT.
INDIAN RIVER COUNTY ORDINANCE NO. 80 - 33
AN ORDINANCE AMENDING INDIAN RIVER COUNTY
ORDINANCE 71-3, AS AMENDED; SECTION 19 C-lA,
RESTRICTED COMMERCIAL DISTRICTS, (h) (1);
PROVIDING FOR MINIMUM. SQUARE FEET AREA OF
LIVING QUARTERS PER (FAMILY) UNIT FOR HOTEL
AND MOTEL UNITS
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that:
1. Sub -section (h) shall be added to Section 19C-lA,
Restricted Commercial Unit, to read as follows:
(h) Minimum lot size and floor area required.
(1) For the following specified uses every lot or parcel
of land shall provide a living quarters area and a
land area for each family unit of at least the amount
indicated:
Square feet area Square feet of land
of living quarters area required per
Use per (family) unit (family) unit
Multiple Dwellings 600 2,100
Hotel and motel units
(including closets
and bath) 300 1,200
THIS ORDINANCE SHALL BECOME EFFECTIVE ON THE 25thDAY OF
August , 1980.
23
600K 44 - FwcE2131 8
AUG 131980
o
AUG 131980 BOOK :44 PAGE 239
APPOINTMENT TO TREASURE COAST REGIONAL PLANNING COUNCILS ENERGY
MMAGEVENT PROG'u_
THE BOARD DISCUSSED THIS APPOINTMENT AND IT WAS DETERMINED
THIS WOULD BE OUR LOCAL REPRESENTATIVE TO THE REGIONAL PLANNING
COUNCIL.
COMMISSIONER LYONS THOUGHT THAT THE LAST TIME THIS WAS
DISCUSSED, IT WAS MENTIONED THAT INTERGOVERNMENTAL COORDINATOR THOMAS
WOULD BE THE CONTACT WITH THE MAN AT THE REGIONAL PLANNING COUNCIL
WHO IS GOING TO DO THE ENERGY STUDY. HE FELT THAT THIS APPOINTMENT
IS AN ADMINISTRATIVE FUNCTION. COMMISSIONER LYONS CONTINUED THAT
S. LEE NUZIE IS A MEMBER OF REAC , HAS A GREAT PERSONAL INTEREST IN
THIS SUBJECT, AND WE MIGHT BE ABLE TO USE SOME OF HIS EFFORTS, HE
FELT THAT THERE IS EVEN A POSSIBILITY THAT THE SAVINGS HERE WOULD
ACTUALLY JUSTIFY A FULL-TIME PERSON TO DO THIS WORK.
CHAIRMAN SIEBERT THEN AUTHORIZED THE ADMINISTRATORS OFFICE
TO SEEK WHOMEVER THEY THOUGHT WAS THE APPROPRIATE PERSON TO HANDLE
THIS PROGRAM.
ASSIGNMENT OF A PERMIT FROM INDIAN RIVER CABLEVISION, INC. TO JONES
INTERCABLE, CABLE TV FUND VIII -A
THE HOUR OF 10:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK
READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT:
VERO BEACH PRESS-Ji:URNAL,
Published Weekly
Vero Beach, Indian diver County, ;`!,rida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority person.:ily ippeare-'. !. J. chuff. ann, Jr. ,%ho n cath
says that he is Business Manager of the Vero Beach Press-)- urn„i..i .o :4 !v n .,,p, r,er published
at VeroBeachin Indian River County, Florida; wi-it the , n_ __p•, „-;.;, r;i omen(; being
a
in the matter of �U _
in the
Court, was pub-
lished in said newspaper in the issues of 6
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 c::py of adver-
tiserr.ent; and affiant further says that he has neither paid nor promised any parson, firm or
corporation any discount, rebate, commission or refund for the purp..cse of securing ,his ariver-
tisement for publication in the said newspaper.
Sworn to and subscribed beforaRne this,,,r �`�'ir_day of
(SEAL)
(Clerk of the Circuit
e'�
t�� A.. D. _11F -6-11e
(Business Manager)
Ir.6an River'.;ounty, Florida)
NOTICE OF
PUBLIC HEARING
All interested parties are hereby notified
that the Board of County Commissioners of
Indian River County will hold a public hearing
on August 13, 1980, at 10:00 A.M. in the Council
Chambers of the Vero Beach City Hall to
consider assignment of the permit to provide
cable television service in Indian River County
from Indian River Cablevision, Inc. to Jones
Intercable, Cable TV Fund VIII -A.
Board of County Commissioners
of Indian River County
BY: Willard W. Siebert Jr.
Chairman
July 23, 25,1980.
THE BOARD REVIEWED THE FOLLOWING LETTER FROM .JONES
INTERCABLE:
AUG 131980
25
box ,, 44 PAGE2 0.
J
AUG 13 1980 BOOK :44 PALE 241
880 Continental Bank Building
Englewood, Colorado 80110
j®na In ERCAKE.,-
303/761-3184
June 16, 1980
County Commissioners
Indian River County
Court House
Room 114
Vero Beach, Florida 32960
Attention : Mr. Bob Donlon
Gentlemen:
As per your request and as a follow-up to our letter of
May 19,.-1980, please find enclosed additional information to
support our request that the County assign the cable televi-
sion permit held by Indian River Cablevision, Inc. to Cable
TV Fund VIII -A, Jones Intercable, Inc.,General Partner.
.(1) A transfer resolution is enclosed leaving the dates
Blank.
(.2) Audited financial statements on Jones Intercable, Inc.
and an unaudited balance sheet on Fund VIII -A are en-
closed.
(3) A list of all company cable system operations is en-
closed with our other Florida systems shown first.
(4) An annual report to shareholders on Jones Intercable,
Inc. and a copy of the Partnership Prospectus, which
has been registered with the Securities and Exchange
Commission are enclosed. Please refer to pages 66 and
67 of the Prospectus for information about the General
Partner.
(5) A map is enclosed outlining the area currently being
served by the system in Indian River County.
(6) It is our intention to expand into additional areas
where the density of homes is currently feasible and
in the future as areas develop.
(7) We intend to upgrade the technical aspects of the
system and have already ordered new antennas to im-
prove reception on Channel 2 in particular. We -also
intend to change some of the duplicating channels to
additional satellite received services in order to pro-
ivde better quality and more variety in programming
offered our customers.
We also intend to provide fast, reliable and courteous
response to customer complaints about service.
I am enclosing some letters of reference from other
franchising authorities for your information.
(8) Brevard County agreed to our request to assign this
permit at this meeting of June 5, 1980.
We respectfully request your prompt attention to this assignment
request.
Sincerely,
L-
Ltv
ROBERT J.' LEWIS
Wesident -
m
RALPH HAIMOWITZ, EMPLOYED BY JONES INTERCABLE, APPROACHED
THE BOARD AND ADVISED THAT HIS COMPANY PURCHASED THE STOCK RATHER
THAN THE ASSETS OF INDIAN RIVER CABLEVISION, AND NOW THEY WOULD LIKE
TO TRANSFER THE PERMIT FROM INDIAN RIVER CABLEVISION TO JONES
INTERCABLE; IT IS A GENERAL PARTNERSHIP IN EXISTENCE RIGHT NOW.
DISCUSSION FOLLOWED ABOUT THE LICENSING PROCEDURES.
ATTORNEY COLLINS MENTIONED THAT SPECIAL WORDING COULD BE
ADDED TO THE AGREEMENT TO COVER FUTURE REASSIGNMENT OF THE COMPANY.
HE ADDED THAT HE RECOMMENDED IT TO THE BOARD ON FRANCHISES BUT HE
THOUGHT THERE WERE DIFFERENT FEDERAL REGULATIONS THAT WOULD APPLY
TO UTILITIES AND NOT TO CABLE TELEVISION. ATTORNEY COLLINS STATED
THAT THE COUNTY HAS MINIMAL INVOLVEMENT IN CABLE TELEVISION OPERATIONS;
THERE IS VERY LITTLE THE COUNTY CAN DO TO IMPROVE THEIR SERVICE. HE
STATED THAT CABLE TELEVISION COMPANIES ARE REGULATED BY FEDERAL
AGENCIES.
COMMISSIONER LYONS STRESSED THAT SINCE CABLE TELEVISION IS
A GROWING BUSINESS, HE WANTED TO BE SURE AND OBTAIN WHATEVER CONTROL
WE COULD GET IN ORDER TO PROTECT THE USER. HE FELT THAT IF WE WERE
GOING TO GET ANYTHING, IN THE WAY OF CONTROL, THIS WAS THE DAY TO
GET IT.
MR, HAIMOWITZ COMMENTED THAT THE CABLE TELEVISION COMPANIES
ARE VERY STRICTLY REGULATED BY THE FCC AND THEY MUST MEET SEVERE
REQUIREMENTS. HE STATED THEY WERE ALSO INVOLVED IN NATIONAL CABLE
AND THEIR FUNCTION IS TO IMPROVE THE QUALITY OF SERVICE. MR. H,AIMOWITZ
POINTED OUT THAT CABLE TELEVISION COMPANIES ARE NOT UTILITIES, BUT
ARE PRIVATE BUSINESSES. HE ADDED THAT IN PRIVATE BUSINESS, THERE IS
QUITE A BIT OF REGULATION IN THE FEDERAL, STATE AND LOCAL LEVEL -
SOMETIMES YOU CAN OVER -BURDEN THE PRIVATE INDUSTRY WITH T00 MUCH CONTROL.
MR, HAIMOWITZ EXPLAINED THAT JONES INTERCABLE HAS FUNDS SET ASIDE TO
MAKE VAST IMPROVEMENTS IN THE SERVICE.
DISCUSSION FOLLOWED ABOUT FINANCIAL STATEMENTS AND WHETHER
OR NOT A SEPARATE SET OF BOOKS WILL BE KEPT ON THE OPERATION IN INDIAN
RIVER COUNTY.
AUG x.31980
27
BOOK 44 PacE'242
AUG 131980
$QpK 44 pAcE 243
COMMISSIONER LOY THOUGHT THE BOARD SHOULD HAVE THE FINANCIAL
FIGURES OF THE LOCAL COMPANY, AND SUGGESTED IT BE INCLUDED IN THE
ASSIGNMENT THAT THE BOARD REQUIRE THEM TO KEEP FINANCIAL RECORDS OF
THE CABLEVISION OPERATION IN INDIAN RIVER COUNTY.
THE ATTORNEY FELT THAT WAS A REASONABLE REQUEST.
CHAIRMAN SIEBERT SUGGESTED THE PHRASE, "SUBJECT TO ANY
FRANCHISE FEE THAT THE COUNTY MAY IMPOSE" BE PUT INTO THE AGREEMENT.
ATTORNEY COLLINS ADVISED THAT THE PURPOSE OF A FRANCHISE
FEE IS TO RAISE REVENUE IN ORDER TO SUPERVISE, AND ALSO TO RECOMPENSATE
THE LOCAL GOVERNMENT FOR THE USE OF RIGHTS—OF—WAY.
COMMISSIONER WODTKE COMMENTED THAT HE ATTENDED SEVERAL
SEMINARS WHILE IN LAS VEGAS CONCERNING CABLE TELEVISION, AND WAS
INFORMED THAT LOCAL GOVERNMENT COULD CERTAINLY PUT STANDARDS ON THE
CABLE TELEVISION COMPANIES AND TO KEEP THINGS AS OPEN AS POSSIBLE.
HE CONTINUED THAT, IN OTHER WORDS, WHEN THE BOARD DOES HAVE AN OPPOR—
TUNITY TO REVIEW FRANCHISING, WE MUST KEEP OURSELVES OPEN TO NEGOTIATE
AND MAKE THESE FACILITIES AVAILABLE TO US,
CHAIRMAN SIEBERT STATED THAT HE AGREED — WHEN WE HAVE A
SUBJECT OF OVERWHELMING INTEREST TO GET ACROSS TO THE PUBLIC, THIS IS
WHEN CABLE TELEVISION COULD BE USED.
CHAIRMAN SIEBERT ASKED IF ANY ONE PRESENT WISHED TO BE
HEARD.
WILLIAM KOOLAGE, INTERESTED CITIZEN, CAME BEFORE THE BOARD
AND WONDERED IF, AT THE TIME THE RATE INCREASE WAS GRANTED RECENTLY
TO THE CABLE TELEVISION COMPANY, THERE WAS A FRANCHISE FEE BEING
CHARGED IN ST. LUCIE COUNTY,
ATTORNEY COLLINS NOTED THAT WAS CORRECT; THEY WERE TRYING
TO EQUALIZE THEIR RATES.
MR. KOOLAGE COMMENTED THAT AS A CITIZEN OF THIS COUNTY AND
A USER OF CABLE TELEVISION, HE FELT WE SHOULD HAVE LEVIED A FRANCHISE
FEE AT THAT TIME.
AFTER SOME DISCUSSION, IT WAS DETERMINED THAT MR. KOOLAGE
WAS REFERRING TO FLORIDA CABLEVISION, AND NOT THIS SYSTEM, WHICH IS
IN THE NORTH PART OF THE COUNTY.
MR. HAIMowiTZ ADVISED THAT THEIR RATES ARE THE SAME IN ALL
OF THE THREE FRANCHISE AREAS, AND HE EXPLAINED THERE IS A DISTINCT
DIFFERENCE IN THE NUMBER OF USERS BETWEEN AN URBAN AND A RURAL CABLE
TELEVISION SERVICE.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LYONS, THE
BOARD UNANIMOUSLY APPROVED THE ASSIGNMENT OF THE LICENSE HELD BY INDIAN RIVER CABLE -
VISION, INC., PURSUANT TO THE REQUEST AS FILED BY JONES INTERCABLE; SUBJECT TO THE
COMPANY KEEPING A SEPARATE SET OF BOOKS FOR THE INDIAN RIVER COUNTY
AREA; TO PROVIDE THE BOARD ANNUALLY WITH BALANCE SHEETS AND PROFIT
AND LOSS STATEMENTS WITHIN THE COUNTY; RESERVING UNTO THE BOARD THE
RIGHT TO ACCEPT THE FRANCHISE FEE AT SOME POINT IN THE FUTURE; AND
RESERVING THE RIGHT OF THE BOARD TO ENACT REASONABLE RULES AND
REGULATIONS IN THE FUTURE AS THE BOARD MAY DETERMINE AFTER A PUBLIC
HEARING.
ATTORNEY COLLINS ASKED MR. 11AIM01WITZ TO PROVIDE HIM WITH A
COPY OF THE ASSIGNMENT SO IT MAY BE ADAPTED ACCORDING TO THE ABOVE
MOTION.
MINI BUS SYSTEM - REPORT BY ALLISON DEGENERO
ALLISON DEGENERO, 6635 52ND AVENUE, WINTER BEACH, CAME
BEFORE THE BOARD TO DISCUSS ANOTHER CHAPTER IN HIS SAGA ON WHAT IS
GOOD FOR THE COMMUNITY. HE ADDED THAT HE IS NOW IN HIS FIFTH YEAR
BEING CONCERNED WITH THE NEEDS OF THE COUNTY; TODAY HE IS HERE TO
DISCUSS BUS TRANSPORTATION. MR. DEGENERO STATED HE HAS RECEIVED
APPROXIMATELY 40 LETTERS, AND TALKED TO OVER 200 PEOPLE - EVERYONE
AGREES THAT WE NEED BUS TRANSPORTATION. HE CONTINUED THAT SEVERAL
YEARS AGO HE RECEIVED DONATIONS FROM THE AUTO INDUSTRY, AND NOW THEY
HAVE MONEY SET ASIDE FOR PAYMENT FOR A NEIGHBORS HELPING NEIGHBORS
BUS. MR. DEGENERO ADVISED HE ALSO HAS FREE GAS AND FREE DRIVERS AND
PLANS TO ESTABLISH A ROUTE, STARTING IN VERO HIGHLANDS, TO GIVE PEOPLE
AUG 13 1980 29 BOOK 44 PAGE244
AUG 131980 Bm . 44 PAGE
245
A RIDE INTO TOWN. HE PLANS TO MAKE STOPS IN MIDWAY MOBILE HOME PARK,
VERO SHORES, RIVER SHORES, TANGLEWOOD MOBILE HOME PARK, AND VISTA
ROYALE. MR. DEGENERO STATED HIS REQUEST TODAY IS FOR THE COUNTY TO
GIVE A LITTLE LIAISON ASSISTANCE.
DISCUSSION FOLLOWED ALONG THOSE LINES.
COMMISSIONER WODTKE ASKED IF HE WAS REQUESTING THE BOARD TO
HELP SET UP THE LOCATION OF THE BUS STOPS.
MR. DEGENERO REPLIED AFFIRMATIVELY, AND COMMENTED THAT HE
ALSO HAS FREE INSURANCE. HE WENT ON TO SAY THAT THIS IS A NON-PROFIT
ORGANIZATION, AND WANTED JUST A WORD OF SUPPORT FROM THE BOARD; THE
PRESS CAN THEN SPREAD THE WORD TO THE COMMUNITY.
COMMISSIONER Loy COULD SEE NO PROBLEM IN ASSISTING WITH
THE BUS STOPS AND SUGGESTED THAT THE COUNTY ADMINISTRATOR WORK WITH
MR. DEGENERO ON THE PROPER PLACEMENT OF THE BUS STOPS.
CHAIRMAN SIEBERT COMMENTED THAT THE BOARD WHOLEHEARTEDLY
ENDORSED MR. DEGENERO'S EFFORTS TO PROVIDE THIS TRANSPORTATION - IT
IS AN EXCELLENT APPROACH AND PROVIDES A VALUABLE SERVICE TO THE
COMMUNITY.
COMMISSIONER LYONS FELT THE SELECTION OF THE BUS STOP
LOCATIONS SHOULD BE THE RESPONSIBILITY OF MR. DEGENERO, AND THE COUNTY
COULD ASSIST HIM IN WHATEVER WAY POSSIBLE.
MR. DEGENERO THEN EXPRESSED HIS SINCERE APPRECIATION TO
THE COUNTY.
DISCUSSION OF SOUTH COUNTY WATER TAXING DISTRICT EXTENSION - REQUESTED
BY CLIFFORD REUTER
THE BOARD REVIEWED THE FOLLOWING LETTER FROM CLIFFORD S.
REUTER:
3351 South Ocean Drive - P. 0. Box 3051
` Vero Beach, Florida 32960 Telephone (305) 567-3478
i
July 24
Mr. Willard W. Siebert, Jr,
Chairman
Board of County Commissioners
2145 - 14th Avenue
Vero Beach, FL 32960
Dear Bunny:
Per our phone conversation this morning re:
60 acres south of Oslo Road.
REALTOR`
water to our
I would like to formally petition the County Commission to
include this area in the South County Water Taxing district.
To me it makes a lot of sense in as much as we will be almost
across the street from your plant.
I understand that you expect the plant to be ready the first
of 1982 which would be OK with us. If you feel on the other
hand that you would not want or be able to supply water in
the future I would like to know that so I can continue with
my planning.
If we put in our own water plant we would have a large cost.
This is not a problem but the way the franchise agreement is
written the County can take over the system at any time. I
would not want this to happen the week after we complete our
plant.
I am continuing the paper work for the franchise.
Sincerely,
a-
Cli'� bzd S. Reuter
��lt�or
CSR:cr
cc: Len Hatala
ATTORNEY COLLINS STATED THAT THERE IS SOME CONFUSION ON
THIS SUBJECT AND WANTED TO MAKE A FEW POINTS CLEAR. HE STATED THAT
THE BOARD IS FAMILIAR WITH THE BOUNDARIES TO WHAT WE HAVE BEEN
REFERRING TO AS THE SOUTH COUNTY TAXING DISTRICT. THOSE BOUNDARIES
WERE ESTABLISHED WHEN WE SET UP THE MUNICIPAL SERVICE TAXING UNIT.
THE UNIT WAS USED TO DERIVE SOME SEED MONEY FOR SOME ENGINEERING
STUDIES.
THE ATTORNEY ADDED THAT SINCE THAT TIME, THE TAXING UNIT
AUG 13 1980 31 BOOK 4 PAGE 246... .
AUG 131980
HAS NOT BEEN USED TO RAISE REVENUE.
,aoox 44 PACE 247
HE WENT ON THAT SOME TIME AGO WE
MADE THE DECISION THAT IN ORDER TO HAVE EVENTUALLY A UNIFIED WATER
SYSTEM IN THE.000NTY, THAT IT WAS A BETTER APPROACH FOR THE COUNTY
TO UNDERTAKE THE PASSAGE OF THE VARIOUS REVENUE BOND ISSUES, AND THE
COUNTY, IN ITS OWN NAME, WITHIN SPECIFIC TARGETED DESIGNATED AREAS,
TO IMPLEMENT WATER SYSTEMS. ATTORNEY COLLINS SAID THAT AS WE GROW,
THE SYSTEMS COULD BE INTEGRATED WITHIN ONE ANOTHER, ALL UNDER THE
UMBRELLA OF THE COUNTY, RATHER THAN DEALING WITH SEPARATE MUNICIPAL
SERVICE UNITS, AND MERGING THOSE UNITS INTO SOME OVERALL ENTITY. HE
STATED THAT WE ALSO PASSED THE RATE INCREASE WITHIN THE COUNTY SO
THAT THE RATES NOW APPLY UNIFORMLY THROUGHOUT THE COUNTY. ATTORNEY
COLLINS UNDERSTOOD THAT THE ENGINEERS, IN THEIR STUDY, PARTICULARLY
DESIGNATED THE AREA WITHIN THE SOUTH COUNTY MUNICIPAL TAXING DISTRICT
BUT WHEN WE LOCATED THE PLANT, WE LOCATED IT ON THE SOUTH END, KEEPING
IN MIND THAT IT WOULD SERVE THE ENTIRE SOUTH COUNTY EVENTUALLY. HE
NOTED THAT IS THE REASON WHY IT IS LOCATED ON THE SOUTH END OF THE
TAXING UNIT RATHER THAN IN THE CENTER. BECAUSE OF THE FACT THAT
THE BOARD IS THE ONE THAT IS UNDERTAKING THE BOND ISSUE AND IS UNDER—
TAKING THE EXECUTION OF THE VARIOUS CONTRACTS AND THE EMPLOYMENT OF
THE ENGINEERS, ETC., HE DOES NOT THINK THERE IS ANYTHING MAGICAL ABOUT
THE BOUNDARY LINE, OR DOES NOT THINK IT IS EXCLUSIVE AS TO WHO WILL
OR WILL NOT BE SERVED WITHIN THE COUNTY. ATTORNEY COLLINS FELT, TO
HIM, THE CRITERIA OF SERVICE IS THE AVAILABILITY, WHETHER OR NOT IT
IS REASONABLY ECONOMIC, AND WHETHER THERE IS UTILITY CAPABILITY FOR
THE COUNTY TO SERVE — NOT WHETHER IT IS ON THE NORTH OR SOUTH SIDE
OF OSLO ROAD,
CHAIRMAN SIEBERT NOTED THE COUNTY ESTABLISHED THE MUNICIPAL
TAXING UNIT TO GET THE SEED MONEY TO DO THE ENGINEERING AND IT WAS
HIS THOUGHT THAT THOSE WOULD BE THE PEOPLE WHO WOULD BE RECEIVING
SERVICE. HE ADDED THAT HE TOLD MR. REUTER THAT HE WAS NOT IN THE
TAXING DISTRICT.
ATTORNEY COLLINS THOUGHT IT WAS THE BOARDS DECISION WHO
RECEIVES IT, AS THE BOUNDARY LINE IS NOT A CONCRETE WALL.
CLIFF REUTER APPROACHED THE BOARD AND STATED HE WANTED TO
TALK ABOUT ATTACHING HIS PROPOSED DEVELOPMENT TO THE WATER PLANT,
WHICH IS LOCATED ACROSS THE STREET. HE STATED THEY ARE ABOUT 400'
FROM THE ELEMENTARY SCHOOL, AND BEING SO CLOSE TO THE PLANT WOULD
SEEM ECONOMICAL TO TAP IN FOR WATER. MR. REUTER NOTED THEY WOULD
PROVIDE TAP -IN FEES AND MONTHLY WATER SERVICE FEES. HE REPORTED THEY
WOULD NOT START WITH A LARGE OPERATION BUT OVER A PERIOD OF TIME, IT
WOULD BE A WORTHWHILE ADDITION TO THE WATER PLANT, WHICH WOULD HELP
DEFRAY THE'COST OF OPERATION. MR. REUTER POINTED OUT THAT THE IDEA
OF PROVIDING MUNICIPAL WATER SERVICE WOULD BE GOOD TO PREVENT
INDIVIDUAL WELLS, AND IF IT CAN BE WORKED OUT, THEY COULD GO INTO THE
TAXING DISTRICT OR DO WHATEVER WOULD BE THE BEST WAY IN ORDER TO TAP
INTO THE WATER SUPPLY WHENEVER IT IS READY.
DISCUSSION FOLLOWED AND THE BOARD WAS CONCERNED ABOUT
GIVING PREFERENCE TO ONE PROPERTY OWNER WHO IS OUTSIDE THE ORIGINAL
TAXING DISTRICT. THE BOARD THEN REVIEWED THE MEMORANDUM FROM
UTILITIES DIRECTOR LINER, AS FOLLOWS:
c7
MEMO
Y
TO: Neil nelson Asst. Administrator
FROM: G. Liner, Utilities Director
SUBJECT: Response to proposal of letter, Reuter to Siebert,
dated 7/24/80, "Water to our 60 acres south of
Oslo Road",
DATE: August 1, 1980
In response to your request, I am responding to the
subject letter with my recommendation.
The letter to us requests that this project be considered
for county water when our plant is "ready the first of 1982". . .
I see no reason why we should not be able to comply with supplying
water to that project - subject to assessments per the utility
ordinances, the developer's agreement, and developer procedures
which had been previously approved by the Board of Commissioners.
AUG 131980 33 Boa • e c $
AUG 13 1984
B06K .44 PAGE 249
The development will not be able to proceed to a point of
C.O. unless the developer submits utility plans which are app-
roved by the county, pays the impact fees, get the DER permit,,,
builds the system to specs, passes the pressure tests and
disinfection tests, and dedicates the internal system to the
county - complete with as-builts. The DER permit will be
approved subject to completion and operation of the water
treatment plant.
The county would not be at any disadvantage to agrc2 to
the proposal of Reuter's letter. Therefore, I recommend we
t=.211 him we agree - subject to the above listed conditions.
77
George Liner, Utilities Director
GL/kh
cc: file
ATTORNEY COLLINS SUGGESTED GOING BACK TO REVIEW THE
ENGINEERING REPORT. HE CONTINUED THAT THE COUNTY MADE REPRESENTATION
TO A CERTAIN AMOUNT OF CUSTOMERS WHO WERE WITHIN THE BOUNDARY LINES
IN THE SOUTH COUNTY WATER DISTRICT AREA. THE ATTORNEY FELT, FROM
HIS VIEWPOINT, IT WAS PREMATURE FOR THE COUNTY TO MAKE ANY COMMITMENT
PRIMARILY OUTSIDE THAT AREA AS THE COUNTY DOES NOT WANT TO JEOPARDIZE
THEIR GRANT FUNDS OR THEIR LOAN FUNDS.
COMMISSIONER LYONS STATED THAT IT LOOKS AS THOUGH THE WATER
SYSTEM WILL BE IN OPERATION SOME TIME IN 1982, AND IF THE COUNTY WAS
GOING TO THINK ABOUT THE POSSIBILITY OF SERVING MR. REUTER, MUST SET
A TERRITORIAL LINE.
UTILITIES DIRECTOR LINER COMMENTED THAT THE KEY TO THE
SITUATION IS THAT WE DO NOT KNOW WHAT THE PLAN FOR DEVELOPMENT IS AT
THIS TIME, AND UNTIL THAT IS KNOWN, A DECISION CANNOT BE MADE TO
COMMIT THE COUNTY.
COMMISSIONER LOY FELT THERE MAY NOT BE EXACT BOUNDARIES
AS FAR AS SERVING WATER; HOWEVER, THERE ARE EXACT BOUNDARIES AS FAR
AS THE TAXING DISTRICT IS CONCERNED. SHE ADDED THAT EVERYTHING HAS
BEEN PREDICATED ON THAT EXACT AREA, AND SHE DID NOT FEEL THE BOARD HAS
ENOUGH INFORMATION TO KNOW IF WE CAN GO OUTSIDE THAT DISTRICT.
COMMISSIONER LOY NOTED THAT THE BOARD WILL FIND THE WATER THERE IS
A PRECIOUS COMMODITY, AND MAY NOT HAVE ENOUGH TO SERVICE THE DISTRICT
THAT PAID FOR THE ENGINEERING STUDY TO DO IT. SHE CONTINUED THAT
3= _
WE SHOULD GO AHEAD WITH THE PLANS WE HAVE NOW BECAUSE IT WON T BE
TOO LONG BEFORE THE BOARD WILL ASK THE ENGINEERS FOR ADDITIONAL
INFORMATION AS TO CAPACITY, CUSTOMERS, DEVELOPMENT, ETC., AND DID NOT
THINK WE SHOULD MAKE A CHANGE IN THE DIRECTION THAT WE ARE HEADED.
MR. REUTER COMMENTED THAT THEY WOULD HAVE TO PUT IN THEIR
OWN WATER SYSTEM IF THEY COULD NOT WORK ANYTHING OUT WITH THE COUNTY,
CHAIRMAN SIEBERT STRESSED THAT THE COUNTY HAS A MORAL
OBLIGATION TO THE PEOPLE WHO FUNDED THE ENGINEERING STUDY,
ASSISTANT ADMINISTRATOR NELSON REPORTED THAT THEY HAVE JUST
RECEIVED THE CONTRACT DOCUMENTS TO BE EXECUTED FROM THE PEOPLE WHO
WILL DRILL THE PRODUCTION WELL, AND HE ALSO FELT IT IS PREMATURE NOW
TO MAKE A DECISION AT THIS POINT.
DISCUSSION ENSUED, AND IT WAS DETERMINED THAT MR. REUTER
WOULD NOT NEED WATER IN HIS DEVELOPMENT UNTIL THE FIRST PART OF 1982,
COMMISSIONER WODTKE THOUGHT IT WOULD BE SOME TIME BEFORE
THE BOARD COULD CONSIDER AREAS OUTSIDE THE SERVICE AREA. HE EXPRESSED
CONCERN ABOUT THE DETERMINATION OF THE BOUNDARY, AND THOUGHT IT WOULD
BE BETTER TO HAVE A LOOP SYSTEM INSTEAD OF HAVING A DEAD END LINE.
COMMISSIONER WODTKE WONDERED ABOUT THE FEASIBILITY OF STUDYING THAT
AREA TO EXTEND THE LINE 600' SOUTH OF OSLO ROAD. HE FELT THAT INSTEAD
OF STOPPING THE DISTRICT ON A MAJOR ROAD, MAYBE BOTH SIDES OF THE
MAJOR ROAD COULD BE SERVICED. COMMISSIONER WODTKE INDICATED THAT
IT MIGHT EVEN BE BENEFICIAL WITH FMHA TO GET CREDIT FOR GRANT FUNDS
IF THIS LINE WOULD BE EXTENDED.
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
WODTKE, THAT THE ADMINISTRATOR AND ENGINEERS BE ASKED TO REVIEW THE
PROPERTY TO SET THE BOUNDARY LINES FOR WATER SERVICE AT SOME POSITION
SOUTH OF OSLO ROAD THAT LOOKS TO BE IN THE BEST OPTIMUM POSITION; GIVE
AN ESTIMATE FOR MAXIMUM GALLONAGES FOR THAT PROPOSED NEW BOUNDARY;
AN ESTIMATE AS TO WHEN WE MIGHT GIVE SERVICE IN THAT AREA; AND AN
ESTIMATE OF GROWTH IN THAT AREA.
COMMISSIONER LYONS FELT THAT THE PLANNER, WORKING WITH THE
ADMINISTRATOR, COULD FIND OUT ALL THIS INFORMATION AND COULD DECIDE
HOW IT WOULD
PHASE IN WITH THE
REST OF THE PLAN THEY NOW
HAVEi
AUG 131980
35
Boox
44 PA'GE2 ii� 7A
AUG 131980
600K 44 pia 251
CHAIRMAN SIEBERT COMMENTED HE WAS NOT SURE WE WOULD EVER
BE IN A POSITION TO MAKE A COMMITMENT TO ANY SINGLE DEVELOPER,iAS IT
WAS A DIFFICULT THING TO DO. HE KNEW THAT THERE WERE A LOT OF OTHER
PEOPLE WHO WOULD ALSO LIKE TO KNOW WHEN SERVICE WOULD BE AVAILABLE AT
THAT LOCATION.
COMMISSIONER Loy COMMENTED THAT MR. REUTER WAS THE BEGINNING
OF THE RIPPLE TO THE QUESTION FOR WHICH WE'HAVE NO ANSWER. SHE THEN
ASKED IF, IN THE MOTION, WE COULD ASK THE ENGINEERS TO COME UP WITH
A PROPOSAL OF PHASE 3 OF THE EXPANSION FOR THE ENTIRE DISTRICT.
COMMISSIONER LYONS THEN WITHDREW HIS MOTION, AND COMMISSIONER
WODTKE WITHDREW HIS SECOND,
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS-
SIONER Loy, THAT THE ADMINISTRATOR, IN CONJUNCTION WITH THE COUNTY
ENGINEERS, BE AUTHORIZED TO ANALYZE THE WATER AVAILABLE IN THAT AREA;
THE PHASING OF HOW THAT WATER SHOULD BE DISTRIBUTED IN THE FORESEE-
ABLE FUTURE WITHIN THE SOUTH COUNTY WATER TAXING DISTRICT; AND COME
UP WITH A PLAN OF PHASING FOR THE REVIEW AND APPROVAL BY THIS BOARD
WITHIN A REASONABLE PERIOD OF TIME.
CHAIRMAN SIEBERT COMMENTED THAT WE ARE LOOKING TO THE
ENGINEERS TO TELL US WHAT MAKES THE MOST SENSE IN THIS MATTER.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
WINTER BEACH CEMETERY EXPANSION REQUESTED BY WINTER BEACH CEMETERY
ASSOCIATION
THE BOARD THEN CONSIDERED THE FOLLOWING LETTER:
Re: Obtaining Tr. 26 E of
Lateral G, and Tracts 27 &
28 (less Brumley Acres) in
Sec. 4, twp. 32 S, R. 39 E.
Dear Commissioners:
In March of 1976 the Secretary of the Winter Beach Cemetery
association was instructed to make application to Indian River
County Commissioners with the hope of obtaining the above de-
scribed land adjacent to the existing cemetery for use as a
free cemetery.
After meeting with the County Commissioners, County attorney
Collins, and the County Administrator, the Winter Beach Cemetery
Association met in special session and agreed to certain guidelines
for use in the event the county deeds or leases the property
to the association. Following are excerpts from minutes of meet-
ing held June 6, 1977.
`fOn motion by J. Newt Dempsey, seconded by E. F. Hamilton
and carried, the trustees unanimously agreed that the Winter Beach
Cemetery Association would follow the suggestions of the County
Attorney as listed:
1. All graves used or given to a family should be recorded
and those records housed in the County Court House.
2. An effort should be made to record all burial, that
have taken place in the exiuting cemetery.
3• Plat and number all graves in the proposed new section.
4. Regulate types of markers to be used in proposed new
section.
.5• Limit number of graves given any family for future use,
charging for additional spaces could be a possibility in restricting
burial spaces required by a family.
The following is an excerpt from the minutes of County
Commission Meeting held June 8, 1977•
"On motion by Commissioner Siebert, seconded by Commissioner
Loy, the Board unanimously accepted the propoaal from Winter Beach
Cemetery Association as stated by Mr. Strunk and authorized the
Administrator and the Attorney to proceed with implementation as
needed and when notified by the Winter Beach Cemetery Association."
The Association has recorded all burials that have taken
place in the existing cemetery. The lots have been platted and
numbered. Records of the burials will be turned over to the
commission at the next meeting.
The trustees feel that there may be enough space for about
another year in the existing cemetery.
AUG 131980 aoaK 44 eacE��2
WINTER
BEACH CEMETERY ASSOCIATION
�=
P.O. BOX 101
WINTER BEACH, FLORIDA, 32971
t •a
J
` S
TRUSTEES;7
JAMES N. DENWSEY
F. A. HAMILTON, CHAIRMAN
�-
\\\�
E. F. H,4MIX�TON
C. CLARK PIPPIN, SECRETARY-TREASURERibgNIILTON
KNIGHT
C. CLARK PIPPIN
EUGENE RODDENBERRY
August 19 1980
Honorable W.
W. Siebert,
Chairman
and Members
of the Board
of County Commissioners
Vero Beach,
Florida 32971
Attn: Mr. Jack Jennings,
County Administrator
Re: Obtaining Tr. 26 E of
Lateral G, and Tracts 27 &
28 (less Brumley Acres) in
Sec. 4, twp. 32 S, R. 39 E.
Dear Commissioners:
In March of 1976 the Secretary of the Winter Beach Cemetery
association was instructed to make application to Indian River
County Commissioners with the hope of obtaining the above de-
scribed land adjacent to the existing cemetery for use as a
free cemetery.
After meeting with the County Commissioners, County attorney
Collins, and the County Administrator, the Winter Beach Cemetery
Association met in special session and agreed to certain guidelines
for use in the event the county deeds or leases the property
to the association. Following are excerpts from minutes of meet-
ing held June 6, 1977.
`fOn motion by J. Newt Dempsey, seconded by E. F. Hamilton
and carried, the trustees unanimously agreed that the Winter Beach
Cemetery Association would follow the suggestions of the County
Attorney as listed:
1. All graves used or given to a family should be recorded
and those records housed in the County Court House.
2. An effort should be made to record all burial, that
have taken place in the exiuting cemetery.
3• Plat and number all graves in the proposed new section.
4. Regulate types of markers to be used in proposed new
section.
.5• Limit number of graves given any family for future use,
charging for additional spaces could be a possibility in restricting
burial spaces required by a family.
The following is an excerpt from the minutes of County
Commission Meeting held June 8, 1977•
"On motion by Commissioner Siebert, seconded by Commissioner
Loy, the Board unanimously accepted the propoaal from Winter Beach
Cemetery Association as stated by Mr. Strunk and authorized the
Administrator and the Attorney to proceed with implementation as
needed and when notified by the Winter Beach Cemetery Association."
The Association has recorded all burials that have taken
place in the existing cemetery. The lots have been platted and
numbered. Records of the burials will be turned over to the
commission at the next meeting.
The trustees feel that there may be enough space for about
another year in the existing cemetery.
AUG 131980 aoaK 44 eacE��2
AUG 13 1980
BOOK,
44 PACE 253
The hinter Beach Cemetery Association would be most appreciative
if the Commissioners would at this time give us a written agreement
so that we can begin preparing the property in question for use
as a free cemetery when it is needed.
The trustees would like to take this opportunity to thank each
of you for the help you have given us in the past. It has been
a pleasure working with such a cooperative board.
Yours very truly,
Coleman C. Pippin `4ecretary
MR. F. A. HAMILTON, CHAIRMAN OF THE WINTER BEACH CEMETERY
ASSOCIATION, CAME BEFORE THE BOARD AND REPORTED THAT IT IS HARD TO
ESTIMATE BUT THERE MUST BE AT LEAST 100 UNMARKED GRAVES. HE ADDED
THAT THERE IS A NEED FOR MORE PROPERTY AND REQUESTED THE COUNTY'S
HELP.
CHAIRMAN SIEBERT CLARIFIED THE MATTER BY ASKING IF THIS
WAS A REQUEST FOR ADDITIONAL LAND FOR THE CEMETERY, AND MR, HAMILTON
REPLIED AFFIRMATIVELY.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THEY HAVE
DRAWINGS OF THE ADDITIONAL LAND ABUTTING THE PRESENT CEMETERY IN THEIR
FILES, COMPLETE WITH THE LEGAL DESCRIPTIONS OF THE ACREAGE. HE
ADDED THAT HE WAS AWARE THAT THE WINTER BEACH CEMETERY ASSOCIATION
WAS INTERESTED IN TRYING TO RESOLVE THIS PROBLEM IN ORDER FOR THE
ABUTTING PROPERTY TO BE USED FOR CEMETERY PURPOSES.
MR, HAMILTON COMMENTED THAT THEY ARE NOT ASKING FOR A DEED
OR A LEASE, THEY JUST WANT TO KNOW THAT IT IS IN THE RECORD THAT THIS
PROPERTY IS SET ASIDE FOR CEMETERY USE ONLY, BECAUSE AS THE COUNTY
GROWS, THE PRESSURE FOR MORE LAND BECOMES GREATER,
ATTORNEY COLLINS NOTED THAT FLORIDA STATUTES 159,31 HIGHLY
REGULATES CEMETERIES, AND THERE IS AN EXEMPTION OF 50 YEARS PRIOR TO
1965 AND IT MUST BE DETERMINED IF THE CEMETERY WAS IN EXISTENCE AT
THAT TIME. THE ATTORNEY NOTED THAT WHATEVER ACTION THE BOARD TAKES,
IT MUST BE DONE IN A FASHION THAT WILL NOT CAUSE ANY DISCREPANCY.
38
CHAIRMAN SIEBERT UNDERSTOOD THAT THE ASSOCIATION WAS AFRAID
THE LAND MIGHT GO TO SOME OTHER USE, OTHER THAN FOR A CEMETERY,
ATTORNEY COLLINS STATED THAT HE WOULD LIKE TO SEE THE 17
ACRES PLATTED IN SEPARATE CEMETERY LOTS, AND THE BOARD CAN WORK OUT
SOME RULES AND REGULATIONS AS TO THE USE OF THE LAND. HE SAW NO
REASON WHY THE COUNTY COULD NOT WORK WITH THE WINTER BEACH CEMETERY
ASSOCIATION ON THIS, AND IF ALL THEY WANTED TO ACCOMPLISH WAS TO
PUT A DEDICATION ON THE PROPERTY, THAT WOULD BE NO PROBLEM. ATTORNEY
COLLINS WAS HOPEFUL THAT THE ACTION TAKEN WOULD BE MORE FAR-REACHING
THAN THAT, AND THAT THE BOARD WOULD ADOPT PROCEDURES SO THAT THERE
WOULD BE ADEQUATE RECORD KEEPING FROM NOW ON. HE STRESSED THAT THE
BOARD SHOULD DO MORE THAN JUST DESIGNATE THE USE OF THE LAND.
ADMINISTRATOR JENNINGS SUGGESTED THE FOLLOWING AS A METHOD
FOR THE BOARD TO CONSIDER: GO AHEAD IMMEDIATELY, AND DESIGNATE THE
PROPERTY FOR CEMETERY PURPOSES, AND HAVE A SURVEY MADE OF THE BOUNDARIES
AND ESTABLISH SECTIONS OF GRAVE SITES TO THE BLOCK. HE DID NOT FEEL
IT WOULD BE NECESSARY AT THIS TIME TO PLAT OUT THE OVERALL LAYOUT, BUT
STAKE OUT ENOUGH IN THE BLOCKS FOR SO MANY GRAVE SITES AND DO THE
REMAINDER OF IT IN PHASES.
ATTORNEY COLLINS INTERJECTED THAT HE WOULD LIKE TO SEE AN
ORDINANCE PASSED WHERE WE SET UP RULES AND REGULATIONS ON HOW THE
LANDS ARE GOING TO BE USED, PROVISIONS FOR KEEPING RECORDS, AND THE
UP -KEEPING OF THE PROPERTY, ETC.
ON MOTION MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THAT THE PROPERTY BE IMMEDIATELY
DESIGNATED SOLELY FOR CEMETERY PURPOSES; THAT THE COUNTY ADMINISTRATOR
BE AUTHORIZED TO HAVE THE PERIMETER BOUNDARIES SURVEYED, AND 1/3 OF
THE PROPERTY BE PLATTED IN CEMETERY PLOTS, WITH THE TENTATIVE PLAT
COMING BACK TO THE BOARD FOR APPROVAL; THE ATTORNEY TO DRAW UP AN
ORDINANCE PROPOSING RULES AND REGULATIONS FOR UPKEEP AND RECORD KEEPING
OF THE CEMETERY, AND REPORT BACK TO THE BOARD.
MR. HAMILTON THEN THANKED THE BOARD FOR ALL THE HELP THEY
HAVE GIVEN THEM IN THE PAST AND PRESENT.
AUG 131984
39
BOOK ' 44`RAG€ 254
AUG 131980
BOOK 44 PAGE 255
THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED'AT
12:15 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 1:45 O'CLOCK P.M. WITH
THE SAME MEMBERS PRESENT. DEPUTY CLERK VIRGINIA HARGREAVES TOOK OVER
FOR DEPUTY CLERK JANICE CALDWELL FOR THE REMAINDER OF THE MEETING.
DISCUSSION RE REGULATIONS AGAINST PORNOGRAPHY - RESOLUTION 80-78
IN SUPPORT OF STRICTER ENFORCEMENT OF EXISTING PORNOGRAPHY LAWS
PASTOR ,JAMES MCCLAIN OF TREASURE COAST CATHEDRAL APPEARED
BEFORE THE BOARD AS SPOKESMAN FOR THE CONCERNED CITIZENS. HE STATED
THAT HE PERSONALLY HAD DEBATED THIS ISSUE AS TO WHETHER OR NOT THERE
IS A SERIOUS PROBLEM AND HAD COME TO THE CONCLUSION THAT IT IS SERIOUS
ENOUGH TO BRING TO THE COUNTY COMMISSION. HE NOTED THAT THERE WERE
FIVE PASTORS PRESENT REPRESENTING VARIOUS CHURCHES, AND NO ORGANIZED
EFFORT HAD BEEN MADE TO REACH ALL THE PASTORS. PASTOR MCCLAIN PRE-
SENTED THE CHAIRMAN WITH PETITIONS SIGNED BY APPROXIMATELY EOD RESI-
DENTS STATING AS FOLLOWS: "WE THE UNDERSIGNED WANT IT KNOWN BY THOSE
IN RESPONSIBLE POSITIONS THAT WE ARE NOT IN AGREEMENT WITH THE SALE OF
ANY PORNOGRAPHIC LITERATURE OR DEVICES TO ADULTS OR MINORS IN INDIAN
RIVER COUNTY." SAID PETITIONS ARE ON FILE IN THE OFFICE OF THE CLERK.
PASTOR MCCLAIN INFORMED THE BOARD THAT THEY HAVE GONE
THROUGH THE CITY OF VERO BEACH AND THE STORES AND HAVE PURCHASED
MAGAZINES THAT ARE CLASSIFIED BY THE STATE AS OBSCENE OR SEX-RELATED
MAGAZINES. HE NOTED THAT IN A BILL PASSED BY THE LEGISLATURE, THE
NEW ADDITION -TO THE LAW STATES THAT:
(b) It is harmful for any one offering for sale in a retail .
esta ishment o' c any book, ma aai.ne or
otherprinted materia the content o whic h ex olts i is
devoted to or is princioal made u of descri2tions or
o
d_epictxois nudity which is harmful to minors, to nowin 1
exhibit such books# ma azines or material in such estab l.shment
n such a way that it is within the convenient reach of minors
who may frequent t a rafAi i-
PASTOR MCCLAIN CONTINUED THAT "HIGH LIFE," "HIGH TIMES,"
AND "HUSTLER," WHICH DEPICT EITHER SEX OR DRUGS ARE LOCATED ON THE
SHELVES OF SOME LOCAL STORES WITH THE OTHER MAGAZINES, AND THEY ARE
E71
EASILY ACCESSIBLE.
THEY CONTAIN ARTICLES ENCOURAGING INCEST, RELATING
TO THE TRADING OF CHILDREN FOR SEXUAL PURPOSES, AND ADVOCATING THE
CONCEPT THAT SEX WITH MONGOLOID CHILDREN IS FUN.
PASTOR MCCLAIN INFORMED THE BOARD THAT THEY WOULD LIKE TO
ASK THE COMMISSION TO SEE THAT THE LAWS ARE ENFORCED SO THAT THESE
MAGAZINES ARE NOT EASILY ACCESSIBLE TO MINORS. HE NOTED THAT THE
CITY OF DALLAS HAS PASSED AN ORDINANCE REQUIRING ALL MAGAZINES SUCH
AS THE ONES DESCRIBED TO BE ENCASED IN BROWN WRAPPERS, AND HE WOULD
LIKE TO SEE INDIAN RIVER COUNTY FOLLOW THIS POLICY. THE FACT THAT OUR
CITY IS GROWING MEANS MORE PEOPLE ARE MOVING IN WHO ARE NOT CONCERNED
ABOUT THIS SITUATION, AND, IN FACT, SOME WILL BE COMING IN WHO WOULD
LIKE TO SELL THESE MAGAZINES OR OTHER ARTICLES WHICH EXCITE SEXUALITY
AND IMMORALITY. PASTOR MCCLAIN EXPRESSED THANKS THAT WE DO NOT HAVE
ANY TOPLESS BARS, MASSAGE PARLORS, OR X-RATED THEATRES, AND BELIEVED
THAT NOW IS A GOOD TIME TO ENFORCE AN ORDINANCE TO KEEP THESE THINGS
OUT. HE SUGGESTED THAT THE ESTABLISHMENTS WHICH DO HAVE THESE BOOKS
AVAILABLE SHOULD BE CHECKED ON ONCE IN A WHILE TO SEE THAT THEY ARE
ABIDING BY THE LAW, AND COMMENTED THAT HE WAS PLEASED TO SEE THAT IN
THE 7-11 AND LITTLE GENERAL STORES, THESE MAGAZINES ARE PLACED BEHIND
THE COUNTERS. PASTOR MCCLAIN THANKED THE BOARD IN ADVANCE FOR THEIR
COOPERATION AND WISHED THE BOARD TO KNOW THAT THEY ARE GOING TO KEEP
ALERT ALSO, AND IF NECESSARY, WILL COME BACK TO THE COMMISSION ASKING
FOR ADDITIONAL HELP. HE REPORTED THAT REVEREND HART WHO PASTORS A
CHURCH AND HAS A CHRISTIAN SCHOOL IN WABASSO IS CONCERNED THAT SOME
OF THESE MAGAZINES ARE VERY ACCESSIBLE THERE. HE COMMENTED THAT THERE
MAY BE A QUESTION AS TO WHETHER OR NOT BEING ON THE TOP SHELF OF A
BOOK RACK WOULD BE EASILY ACCESSIBLE, BUT HE BELIEVED ANY 12 YEAR
OLD COULD EASILY REACH THEM. PASTOR MCCLAIN EMPHASIZED THAT THEY
ARE NOT TRYING TO PREACH MORALITY TO THESE ESTABLISHMENTS, BUT JUST
WISH THEM TO ABIDE BY THE LAW,
CHAIRMAN SIEBERT COMMENTED THAT THE PASTOR APPARENTLY
WISHED THE BOARD TO DO THREE THINGS - (1) ADOPT AN ORDINANCE TO THE
EXTENT WE CAN TO PROHIBIT TOPLESS BARS, MASSAGE PARLORS, ETC.;
(2) SEE THAT CURRENT LAWS ARE ENFORCED; AND (3) REQUIRE THE MAGAZINES
AUG 131980
L
41 BOOK - 44.E *E idau .
z
AUG 131980
TO BE DISPLAYED IN BROWN WRAPPERS.
BOOK 44 FAA 257
HE INFORMED THOSE PRESENT THAT
THE COUNTY DID ADOPT AN ORDINANCE TO PROHIBIT NUDITY IN PLACES SERVING
ALCOHOL, AND IT WAS RATHER AN EXPLICIT ORDINANCE.
ATTORNEY COLLINS EXPLAINED THAT THE ORDINANCE AS ADOPTED
PROHIBITS NUDITY IN RELATIONSHIP TO ALCOHOL BECAUSE LAWS TO PROHIBIT
NUDITY PER SE HAVE NOT BEEN UPHELD BY THE COURTS, AND TYING THIS TO
THE BEVERAGE CONTROL LAWS CALLS FOR A HIGHER STANDARD OF ENFORCEMENT.
PASTOR MCCLAIN STATED THAT HE HAS LIVED IN LARGE CITIES
SUCH AS TAMPA WHERE THESE ESTABLISHMENTS ARE RATHER COMMON, AND HE
HAS BEEN EXPOSED TO SOME OF THE CRIME THAT IS RELATED. HE WAS THANK-
FUL THAT VERO BEACH DOES NOT HAVE THIS, AND IF ENACTING ANY ORDINANCE
IN ADDITION WOULD BE NECESSARY, HE WOULD CERTAINLY FEEL IT SHOULD BE
DONE.
CHAIRMAN SIEBERT NOTED THAT THE BOARD HAS NO ACTUAL EN-
FORCEMENT POWERS AND CAN ONLY REQUEST THE LAW ENFORCEMENT AGENCIES
TO COOPERATE IN ENFORCING THESE LAWS MORE STRICTLY.
COMMISSIONER Loy COMMENTED THAT THERE HAVE BEEN MANY REFER-
ENCES TO THE CITY OF VERO BEACH AND POINTED OUT THAT THE COUNTY ORDI-
NANCES PERTAIN ONLY TO THE UNINCORPORATED AREAS: EACH OF THE MUNICI-
PALITIES HAS THEIR OWN ORDINANCES.
CHAIRMAN SIEBERT FELT EVERYONE APPRECIATES THAT THIS IS A
VERY DIFFICULT LEGAL PROBLEM, AND NOTED WE MUST BE GUIDED BY WHAT WE
LEGALLY CAN DO.
COMMISSIONER WODTKE STATED THAT ALTHOUGH OUR STATE STATUTES
MAY NOT ALLOW THIS TYPE OF LAW, HE WOULD LIKE THE ATTORNEY TO BE
AUTHORIZED TO OBTAIN A COPY OF THE DALLAS "BROWN BAG" ORDINANCE TO
SEE WHETHER IT COULD BE APPLICABLE TO THIS COUNTY AND WOULD HOLD UP
IN OUR COURT SYSTEM.
ATTORNEY COLLINS STATED THAT HE WILL LOOK INTO THIS AND
COME BACK WITH A RECOMMENDATION. HE NOTED THAT WE HAVE STATUTES
THAT ARE EXTENSIVE, BUT DID NOT KNOW THAT THEY ARE BEING STRICTLY
ENFORCED. HE POINTED OUT THAT WHILE THE COMMISSION CAN LEND ITS
INFLUENCE TO THE LAW ENFORCEMENT AUTHORITY, INDIVIDUALS ALSO CAN
COMPLAIN TO THE AUTHORITIES ABOUT ANY VIOLATION THEY SEE. HE BELIEVED
IF THERE IS ENOUGH PRESSURE PUT ON THE RETAIL MERCHANTS, THEY WOULD
BE GLAD TO COMPLY WITH THE EXISTING LAWS.
COMMISSIONER LYONS ASKED TO WHOM YOU WOULD MAKE SUCH A
COMPLAINT, AND ATTORNEY COLLINS ADVISED THAT FIRST YOU WOULD GO TO
THE SHERIFFS OFFICE AND FILE A REPORT,
COMMISSIONER LYONS QUESTIONED THE PROCEDURE IN THE INCOR-
PORATED AREAS, AND ATTORNEY COLLINS POINTED OUT THAT STATE STATUTES CAN
BE ENFORCED INSIDE OR OUTSIDE MUNICIPAL LIMITS, IF THE INDIVIDUAL
DID NOT GET SATISFACTION, THE NEXT STEP WOULD BE THE STATES ATTORNEY,
AND THEN IF THEY STILL DID NOT GET SATISFACTION, IT WOULD BE APPRO-
PRIATE TO COME BACK TO THE PUBLIC OFFICIALS AND COMPLAIN,
COMMISSIONER WODTKE EMPHASIZED THAT IF THE "BROWN BAG"
ORDINANCE WAS ADOPTED, IT WOULD BE ENFORCEABLE ONLY IN THE UNINCOR-
PORATED AREA OF THE COUNTY UNLESS THE MUNICIPALITIES ADOPTED A
SIMILAR ORDINANCE,
DISCUSSION FOLLOWED ON A POSSIBLE RESOLUTION,
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-78 ADVISING THE
VARIOUS LAW ENFORCEMENT AGENCIES THAT IT IS THE DESIRE OF THE COMMIS-
SION THAT THE EXISTING LAWS RELATING TO PORNOGRAPHY BE STRICTLY
ENFORCED,
RECEIVED.
SAID RESOLUTION WILL BE MADE A PART OF THE MINUTES WHEN
DISCUSSION FOLLOWED ON OUR EXISTING ORDINANCE WHICH RELATES
TO THE PROHIBITION OF NUDITY IN PLACES SERVING ALCOHOLIC BEVERAGES.-
AND
EVERAGES,
AND COMMISSIONER WODTKE STATED THAT WE WOULD LIKE TO HAVE AN OVERALL
ORDINANCE WHICH ALSO WOULD PROHIBIT X-RATED MOVIE THEATRES, MASSAGE
PARLORS, ETC., BUT HE BELTEVED UNLESS THERE IS SOME NEW WRINKLE WE
DON T KNOW ABOUT, THAT IT WOULD BE DIFFICULT TO MODIFY OUR EXISTING
ORDINANCE IN ANY WAY THAT WOULD BE ENFORCEABLE.
ATTORNEY COLLINS STATED THAT HIS OFFICE IS OPEN TO SUGGES-
TIONS AND IF ANYONE HAS KNOWLEDGE OF AN ENFORCEABLE ORDINANCE THAT
HAS WORKED IN OTHER STATES, HE WOULD LIKE TO BE MADE AWARE OF IT,
MAYOR SCURLOCK REPORTED THAT THE CITY OF VERO BEACH ALSO
ADOPTED AN ORDINANCE ABOUT TOPLESS DANCING AND TIED IT TO THE ALCO-
HOLIC BEVERAGE LAWS.
43
AUG 13 1980
BOOK 01,% PACE 25S
AU6 131980
Boa 44 PAGE 259
GRANT APPLICATION VOCATIONAL TRAINING AND SHELTERED WORKSHOP -
RESOLUTION N0. 80-79
ATTORNEY COLLINS FELT THE PROPOSED RESOLUTION WAS CONFUSING
IN THAT IT REFERRED TO A CONTRACT AND THIS SHOULD BE CHANGED TO
READ "GRANT APPLICATION." THE BOARD AGREED.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-79 APPROVING A
GRANT APPLICATION TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR FUNDS
FOR THE VOCATIONAL TRAINING AND SHELTERED WORKSHOP.
44
R E S O L U T I O N
NO. 80- 79
A RESOLUTION AUTHORIZING AND DIRECTING THE CHAIRMAN OF
THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY,
FLORIDA, TO SIGN A GRANT APPLICATION WITH THE STATE OF
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE FLORIDA
FINANCIAL ASSISTANCE FOR COMMUNITY SERVICES ACT.
IT IS HEREBY RESOLVED BY THE COUNTY OF INDIAN RIVER, FLORIDA
AS FOLLOWS:
Section I That the Chairman is hereby authorized and directed
to sign the name and on behalf of the Board of County Commissioners
a Grant Agreement between the Florida Department of Community Affairs
and Indian River County, under the Florida Financial Assistance for
Community Services Act, as per copy attached hereto and made Dart
hereof.
Section II That all funds necessary to meet the contract
obligations of—the County and its delegate agencies (if applicable)
with the Department have been appropriated and said funds are un-
expended and unencumbered and are available for payment as Drescribed
in the Contract. The County shall be responsible for the funds for
the local share notwithstanding the fact that all or part of the local
share is to be met or contributed by other source, i.e., contributions
other agencies or organization funds. -
PASSED AND ADOPTED THE 13th DAY OF AUGUST, 1980.
ATTEST: j— ", ( A A
Freda rig t, e
AUG 131980
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By
'WiliarW.'Siebe--rt,
Chairman
860K 44 PAGE.260,
F_
MG, 13 1980 Boa 44 phv 261
• FLORIDA FINANCIAL ASSISTANCE FOR COMMUNITY SERVICES ACT OF 1974'
(COMMUNITY SERVICES TRUST FUND)
GRANT APPLICATION Page 1 of 7
REPLY TO:
DEPARTMENT OF COMMUNITY AFFAIRS
OFFICE OF COMMUNITY SERVICES
2571 EXECUTIVE CENTER CIRCLE, EAST
TALLAHASSEE, FLORIDA 32301
1. Local Governmental Unit Applying for Grant:
* SUBMIT FOUR (4) COPIES
(ONE MUST BE ORIGINAL)
* PLEASE TYPE - ANSt?ER ALL
QUESTIONS
Name: INDIAN RIVER COUNTY Telephone: (30_4 562-7927
name of town, city or county)
Address: P.O. Box 1028, Vero Beach Fla zip: 32960
County: INDIAN RIVER
2. Delegate Agency (s) : VOCATIONAL TRATNTN , AND SRFT.TFRFn wnRysNnP
3. Person with over-all responsibility of grant: (Our Department will
contact this person should questions arise)
Name: John M. Rezanka Telephone: (109) 562-6854
Address: 1385 16th Ave. Vero Bea
Signature:
4. Name and address of persoi authorized to receive funds. If this ap-
plication is --funded, checks will be mailed to this person. All checks
will be made payable to the local government.
Name: Kathleen Garrett (Finance Officer)
Address: P.O. Box 1028 Courthouse Annex
Vero Beach Fla zip: 32960
\\
C10:4 =A SEP.^ -RA=_ _ .� 2 ���� ... se a-tac^:~ens =ces3_r; .
game 3-' ?r+-_�r+am TrV7TOPMF�;TAT TRAT"T..:n
1. Give a brief overview of the proposed program.
To provide formal or informal compensation and remedial education for developmentally
disabled adults, such as enriching learning experiences, adult basic education and
developmental training.
2. Identify the problem this program will address.
There is no program in Indian River County to serve the post -school age retarded
adults, so they may have an opportunity to develop the skills, attitudes and
behaviors which will enable them to function more succesfully as citizens.
3. Specify the target population in your program service area af-
fected by this problem. How large is the target population?
Provide quantifiable numbers.
There are at least 50 handicapped persons in Indian River County who could benefit
from our service. These are adults over 18 years of age, significantly impaired,
and in need -of habilitative services.
4. What is the severity of the problem among the target population.
Provide quantifiable numbers/percentages, etc.
The degree of retardation ranges from mild-moderate to severe and profound.
Approximately 75% of the target population are severely to profoundly retarded.
5. How will this program address the problem? Through the use of Individual
program plans, each client will receive training to develop maximum use of their
abilities. Progress is scrutinized on an continuous basis. Program areas include
self-help, communication, recreation, horticulture, ceramics, daily living, basic
sight reading and number recognition. During the 1980-81 fiscal year we plan to
expand our areas of programing to include work -oriented activities such as (see attached)
6. How many and what percentage of the target population will be served?
Is this amount an increase over the existing services?
60 to 75 percent of the target population will be served during the 1980-81 year.
This is a 25% increase over last year.
7. Will this program provide direct access or availability of other
services? If yes, identify them. Clients and their families are referred to
supportive services on a continuos basis. When a client develops necessary
pre -vocational skills, he or she will be transitioned into our work -oriented
program. When a client has worked in the work -oriented, sheltered setting,
progress will be evaluated and if necessary the person will be referred to the
State of Florida Office of Vocational Rehabilitation for counseling and placement.
8. Is the program operating now? If yes, explain what changes this
grant will provide for if any. Program is currently in operation.
This grant will enable us to expand our program with a work -oriented situation and
also serve a larger portion of the target population
9.1 Will the grant funds be used as match to obtain other funds?
If yes, what other funds? No.
10. What funds will sustain the program after this grant expires?
Dept. of HRS Developmental Training Program.
11. Who will do the audit of the program?
Schecter, Beame, Pfeiffer and Burstein.
BOOK 44 F'4Gc 2U�
AUG 13 i98�
CQ GRANT APPLICATION Page 3 of 7
„ w
Local Governmental Unit Applying INDIAN RIVER COUNTY
(town, county or city)
0
go
A. Program Objectives B. Major Activities and Substeps
(Quantify all objectives) Required to accomplish objectives
To provide training activities to 30
handicapped adults in Indian River County in
the areas of self-help, socialization, rec-
reation, motor coordination, independent -
living and pre -vocation. Clients will be
exposed to activities which will foster
independence and a healthy self-concept.
At least 5 clients will enter an
extended employment, work -oriented program.
M
1. Evaluation of clients, and referral for supportive
services
Delegate Agency VOCATIONAL TRAINING & SHELTERED
WDIZKSHOP IN INDIAN RIVER CO. I,
Program Title DEVELOPMENTAL TRAINING
2. Intake, assessment and Individualized program plans
for each client
3. Habilitation and training, with monitoring of progre
monthly.
4. Training in proper adult behaviors such as social
and emotional attitude:
5. Transition into work -oriented program.
6. Referral to a State Vocational Rehabilitation Progr
Complete a separate page 3 for each
program activity
C.
Planned Results. Show what por-
tion of your objectives will be
accom lislie d each quarter.
(Quan ify all accomplishments.)
As of 12/31/80 30 Clients will be evaluated,
screened, and assessed, and provided with a
written Individual program plan for one year.
As of 3/31/81
30 clients will receive
habilitation and training in areas of self-help,
recreation, socialization, communication and
pre -vocation. Progress will be monitored
monthly.
As of 6/30/81 At least 5 of the clients will be
started in a work -oriented program of sub -contract
type work.
As of 9/30/81 Annl.ial progress will be monitored,
recorded and clieuLs who have maximized vocational
potential will be. referred to the State of Fla
Vocational Rehabilitation Program.
r.l
Name olicant: !NDIAN RIV7R COUN i I
ft (Ci%TEW Cc..:nty )
TOTAL BUDGET
A. Include figures from all delegate agency budgets.
B. Explain by attachment all expenditures over $500 per line item.
C. Cash match must be at least one half of state grant requested.
D. The cash and in-kind match combined must equal the state grant.
REVENUE
1.
State Grant
3146.50
2.
CAZb Matgb (D2 12dP-X31 92W991
S2YgD1dy ahariDg,
allgwed) 1573.25
3.
In -Kind Match
1573.25
4.
TOM BEVENDS
6293.50
GRANTEE ADMINISTRATIVE EXPENSE
CASH
IN-KIND
5.
Salaries
6.
Rental Space
7.
Travel
8.
Supplies
'
9.
Other (specify on attachment)
10.
TOTAL (lines 5 through 9 )
DELEGATE ADMINISTRATIVE EXPENSE
11.
Salaries
471.00
12.
Rental Space
13.
Travel
14.
Supplies
15.
Other (specify on attachment)
16.
TOTAL (lines 11 through 16)
471.00
*17.
TOTAL ADMINISTRATIVE EXPENSES
471.00
-
(line 10 and 16)
*Line 17 must not exceed 15% of
two times line
1.
GRANTEE PROGRAM EXPENSE
18.
Salaries
19.
Rental Space
20.
Travel
21.
Equipment
22.
Other (specify on attachment)
23.
TOTAL (lines 18 through 22)
DELEGATE PROGRAM EXPENSE
24.
Salaries
471.00
25.
Dental S- ace
-
26.
Travel
-
27.
Equipment
2448.75
28.
Other (specify on attachment)
1805.00
29.
TOTAL (lines 24 through 28)
4719.75
1573.25
30.
TOTAL PROGRAM EXPENSES (lines 23 and
29)
4719.75
1573.25
31.
TOTAL EXPENDITURES (line 17 and 30)
4719.75
1573.25
32.
TOTAL COMBINED EXPENDITURES (Cash and
in -Kind)
6293.00
(line 32 should equal line 4)
AUG 13'1980
I BOOK 4.4 PAGE ZS4 � �
i
GRANT APPLICATION Page 5 of 7
Local Government Unit Applying: INDIAN RIVER COUNTY
Delegate Agency: VOCATIONAL TRAIt4ING & SHELTERED WORKSHOP IN
Y
INDIAN RIVER COUNTY INC.
u
a
o
�a
I. Cash Match
Source Amount
1. CASH CONTRIBUTIONS 1.1573.25
2. 2.
3. 3.
4. 4.
CASH AND IN-KIND MATCH
I. TOTAL CASH MATCH 1573.25
II.
In -Kind Salaries and Benefits_
Number of Hours
Total (Hourly rate x 1111m_
Position Title and Name of Person
Hourly Rate
To Be Worked
ber hours to be workR„it1_
1.
1.
1.
1•
2.
2.
2.
2.
3.
3.
3.
3.
4.
4.
4.
4.
II. TOTAL SALARIES
TTI.
Other In -Kind
Description and Source
Unit Cost
No. of Units
Total (Unit cost x nw t-
ber of units)'
1. BUILDING
1 39 ,
].. 4000s.q. ft.
1. 1573.25
2.3.
2.
2.
2.
O
4
4.
3.
3.
3.
co
.
4•
4•
4.
M
III. TOTAL OTHER 1573.25
•t -i
IV. TOTAL i LATCH 3146.50
GRANT ?PLICATION Page 6 of 7
Local Governmental Unit Applying: TNDTANT RTVFR ('OTJNTY
(County or City)
Delegate Agency Budget - Complete one for each Delegate agency
Program Name:
Name of Delegate Agency: VOCATIONAL
TRAINING & SHELTERED WORKSHOP IN INDIAN RIVER
Address: COUNTY INC.
1385. 16th Ave' Vero Beach
Zi 32960
P
Contact Person: John M. Rezanka
Telephone: (305 ) 562-6854
Tax Exempt Number: 59-164-7746
if none, attach a copy of the certificate o
incorporation)
ADMINISTRATIVE EXPENSES
CASH IN-KIND
1. Salaries
471.00
2. Rental
3. Travel
4: Supplies
5. Other (specify on attachment)
6. TOTAL ( lines 1 through 5)
471.00
PROGRAM EXPENSES
7. Salaries
8. Rental Space
1573 .25
9. Travel
10. Equipment
2448.75
11. Other (specify on attachment)
1800.00
12. TOTAL (lines 7 through 11)
4248.75 1573.25
13. TOTAL EXPENSES ( line 6 and line
12) 4719.75 1573.25
Explain by attachment all Line items
over $500.
TOTAL BUDGET 6239.00
THE DELEGATE AGENCY HEREBY APPROVES
THIS APPLICATION AND WILL COMPLY
WITH ALL RULES, REGULATIONS AND CONTRACTS RELATING THERETO:
APPROVED BY:
President of Board
ATTESTED BY: John M. Rezanka
Name
Executive Director
Title
AUG 131980
(Signature)
RQOK 44 FacF,266
C�-51s
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�. ^ \' .:. �+u-"•. � :�`...i-:... w. -tet .\.. �er+^ci": �: 'F �wV''.lTw'"i ,.'��X-y �'✓^w•+(Pi .•. iU ?
Page 2
5. (see attachment) sub -contract work. We have acquired the use of a 1500 s.q.
foot building as an in-kind contribution and will attempt to solicit various
sub -contract work for those clients who have developed skills to participate.
EXPENDITURES
Salaries -Director
471.00
Operating Expense
Telephone
1800.00
Equipment
Teaching Supplies
400.00
Ceramic Supplies
250.00
Landscape -Horticulture
300.00
Furniture
400.00
Light Machinery
1098.75
Total
2448.75
Total
Salaries
471.00
Operating Expence
1800.00
Equipment
2448.75
GR.;%wT P.PPLICAITION Page 7 of 7
Local Governmental Unit Applying: INDIAN RIVER COUNTY
( NAME OF CITY OR COUNTY )
14. THE :ePPLICANT CERTIFIES THAT THE DATA IN THIS APPLICATION AND
ITS VARIOUS SECTIONS INCLUDING BUDGET DATA, ARE TRUE AND CORRECT
TO THE BEST OF HIS OR HER KNOWLEDGE AND THAT THE FILING OF THIS
APPLICATION HAS BEEN DULY AUTHORIZED AND UNDERSTANDS THAT IT
WILL BECOME PART OF THE CONTRACT BETWEEN THE DEPARTMENT AND THE
APPLICANT. THE BOARD OF COUNTY COAiMISSIONERS OR THE CITY
COUNCIL HAS PASSED AN APPROPRIATE RESOLUTION WHICH
AUTHORIZES THE EXPENDITURE OF FUNDS FOR THE SPECIFIED PROGRAMS.
IF FEES OR CONTRIBUTIONS ARE TO BE UTILIZED AS MATCHING FOR
THIS GRANT, OR IF A DELEGATE AGENCY IS TO PROVIDE THE MATCHING
SILLNRE, AND THESE FUNDS ARE NOT FORTHCOMING, THIS RESOLUTION
ALSO SPECIFIES THAT THE CITY OR COUNTY WILL PROVIDE THE NECES-
SARY MATCH.
THIS APPLICANT FURTHER CERTIFIES, DUE TO THE LEGISLATIVE INTENT
NOT TO DUPLICATE SERVICES AND THAT THESE PARTICULAR SERVICES ARE
NOT BEING PROVIDED NOR ARE THEY AVAILABLE FROM ANY OTHER STATE
AGENCY. ALTHOUGH SIMILAR SERVICES MAY BE AVAILABLE, THE APPLICANT
CERTIFIES THAT NO OTHER RESOURCE EXISTS TO PROVIDE THESE PARTI-
CULAR SERVICES TO THESE CLIENTS WITHOUT THE USE OF THIS MONEY.
WILLARD W. SIEBERT, JR.
Name (typed) Signature
CHAIRMAN,
BOARD OF COUNTY COMMISSIONERS
OF INDIAN -RIVER COUNTY,
FLORIDA
Title: Mayor, Chairman of Board of County Commissioners, etc.
INDIAN RIVER COUNTY COURTHOUSE
2145 14th AVENUE
VERO BEACH, FLORIDA
Address
(305) 569-1940
FREDA WRIGHT
ATTESTED BY:
Name typed Signature
CLERK
Title
AUG 131980
Booz 4 4 faeF 268
F_
AUG 131980
BOOK 44 PAGE 269
TENTATIVE APPROVAL SHADY OAKS SuBDivisioN - APPROVED WITH CONDITIONS
SENIOR PLANNER DAVID MARSH NOTED THAT THIS IS A CONTINUANCE
FROM THE LAST MEETING'S AGENDA. THE DEVELOPMENT CONSISTS OF APPROXI-
MATELY 38 ACRES TO BE DIVIDED INTO 50 LOTS OF VARIOUS SIZES. THE
PROPERTY IS LOCATED ON 43RD AVENUE ONE QUARTER MILE SOUTH OF OSLO ROAD
AND BACKS UP TO GROVENOR ESTATES, UNIT 1. THE PROPOSED DRAINAGE
FLOWS TO KELLEY ROAD AND 43RD AVENUE CANALS. MR. MARSH NOTED THAT THE
AGENT AND OWNER ARE PRESENT, AND HE BELIEVED THAT THEY WISH TO APPEAL
THE DECISION OF THE PLANNING STAFF THAT HALF ROADS ARE REQUIRED BY
THE SUBDIVISION REGULATIONS. THE STAFF, IN THEIR INTERPRETATION OF
THE SUBDIVISION REGULATIONS, HAS TAKEN THE POSITION THAT THE DEVELOPER
IS REQUIRED TO EITHER PAVE OR PUT UP SURETY FOR THE HALF OR PARTIAL
STREETS ABUTTING THE PROPOSED SUBDIVISION. THIS IS BASICALLY TO
INSURE CONTINUITY WITH SURROUNDING DEVELOPMENTS. MR, MARSH CONTINUED
THAT THE DEVELOPER AGREES THAT THE DEDICATIONS ARE APPROPRIATE, BUT
WOULD NOT AGREE THAT THE PAVING OF THE HALF ROAD OR ESCROW FOR SAME
IS APPROPRIATE EITHER ON 12TH STREET CONNECTING THE TWO SUBDIVISIONS
OR ON THE CONNECTOR ROAD TO THE NORTH VACANT PROPERTY.
CHAIRMAN SIEBERT STATED THAT HE HAD TALKED TO PLANNING
DIRECTOR REVER ABOUT THIS SITUATION AND ASKED WHETHER HE ANTICIPATED
THAT 39TH AVENUE, WHICH IS LOCATED AT THE BACK OF THIS SUBDIVISION.-
EVER
UBDIVISION,
EVER WOULD BE CUT THROUGH. HE SAID HE DID NOT BECAUSE OF THE CANALS
AT THE NORTH AND SOUTH, AND INASMUCH AS WE HAD MOVED THE BRIDGE TO
12TH STREET, IT WOULD CREATE A CIRCULATION PATTERN FOR THIS SUBDIVI-
SION: SO, HE COULD NOT, AT THAT TIME, THINK OF ANY REASON FOR REQUIR-
ING THEM TO PAVE THE HALF STREET IN BACK. MR. REVER DID WANT TRACT D
DEDICATED SO THERE WOULD BE ACCESS TO THE NORTH. CHAIRMAN SIEBERT
DID NOT NECESSARILY AGREE WITH THAT AND INQUIRED THE PURPOSE FOR
CONNECTING THESE TWO SUBDIVISIONS.
MR. MARSH STATED THAT THE SUBDIVISION REGULATIONS DO REQUIRE
INTERCONNECTION OF DEVELOPMENT PROPERTIES, AND THE STAFF FEELS THERE
WILL BE A MAJOR PROBLEM IN THE FUTURE IF WE CONTINUE TO ALLOW SUB-
DIVISIONS TO DEVELOP WITHOUT ANY CONNECTION BECAUSE THIS WILL PUT
A HEAVY RELIANCE ON ALL YOUR MAJOR THOROUGHFARES. MR. MARSH STATED
HE HAD UNDERSTOOD THAT MR, REVER DID NOT FEEL THIS WOULD BE A MAJOR
COLLECTOR.
w
r
CHAIRMAN SIEBERT'S UNDERSTANDING WAS THAT MR. REVER DIDN'T
SEE ANY NEED FOR IT EVER TO BE PUT IN. HE POINTED OUT THAT ONE POR-
TION OF THE SUBDIVISION REGULATIONS STATES THAT WE DO NOT DESIRE TO
CREATE THROUGH ROADS.
MR. MARSH AGREED THAT THERE IS SOME AMBIGUITY IN THE REGULA-
TIONS, BUT HE BELIEVED IT IS IMPORTANT TO HAVE CONNECTION AND THAT THE
REGULATIONS STRESS THIS.
ATTORNEY COLLINS NOTED THAT INTERCONNECTION CAN ONLY WORK
WITH PUBLIC ROADS.
PLANNER MARSH NOTED THAT THE COUNTY CAN REQUEST THAT PRIVATE
ROADS BE MADE PUBLIC, AND HE BELIEVED WE MAY HAVE TO GO THAT WAY IN
1111militufl*
CHAIRMAN SIEBERT DISCUSSED THE REQUIREMENT TO PAVE A HALF
STREET ON 39TH AVENUE, AND MR. MARSH STATED THAT HE NOW AGREES WITH
ADMINISTRATOR .JENNINGS THAT IT IS NOT TO THE COUNTY'S ADVANTAGE TO
HAVE THIS PAVED AT THIS TIME. THE PROBLEM, HOWEVER, IS THAT IF YOU
LET THE DEVELOPER GO IN AND JUST DEDICATE HALF ROADS, THEN WHEN
PRESSURE IS BROUGHT TO BEAR FOR THE PAVING OF THESE ROADS, THE COUNTY
IS FACED WITH THE PROSPECT OF NOT BEING ABLE TO ASSESS THE PEOPLE ON
THE WESTERN SIDE OF 39TH AVENUE WHICH ARE IN THIS SUBDIVISION BECAUSE
OF THEIR NON -ACCESS EASEMENT AND THERE HAVE BEEN NO FUNDS PROVIDED
BY THE DEVELOPER FOR THE PAVING OF THE HALF ROAD.
COMMISSIONER LYONS NOTED THAT HALF OF 39TH AVENUE IS NOW A
PUBLIC STREET, AND HE, THEREFORE, BELIEVED THAT SHADY OAKS SHOULD
DEDICATE THEIR HALF OF 39TH AVENUE TO BE A COUNTY ROAD AND WE SHOULD
BE SURE WE HAVE THE NECESSARY MONEY TO PAVE IT WHEN THE TIME COMES,
HE FELT SINCE THIS WILL BE A STREET IN THE COUNTY SERVING BOTH SUBDI-
VISIONS, IT SHOULD BE A COUNTY ROAD.
CHUCK RANSON, WHO REPRESENTED THE DEVELOPER OF SHADY OAKS.-
STATED
AKS,
STATED THAT 39TH AVENUE WILL NOT SERVE SHADY OAKS BECAUSE THE LOTS
ARE DRAWN TO BACK UP TO THESE OUTER STREETS, AND THE DEVELOPER CANNOT
UNDERSTAND WHY THEY SHOULD BE REQUIRED TO PAVE THIS ROAD WHEN NO ONE
LIVING IN SHADY OAKS WILL BE DRIVING ON IT.
55
AUG 131980
BOOK 44 PAGE 270
r'
AUG 131980 BOOK 44-PAGi271
COMMISSIONER LYONS INQUIRED ABOUT THE DEDICATION OF
TRACT E WHICH CONNECTS WITH GROVENOR ESTATES AT 12TH ST. S.W. AND
MR. RANSON STATED THAT THEY DID NOT WANT THIS, BUT THE PLANNER FELT
THAT PERHAPS SOMEDAY IN THE FUTURE, IT WOULD BE NEEDED. HE NOTED
THE SUBDIVISION ROADS ARE PRIVATE ROADS.
ATTORNEY COLLINS COMMENTED THAT BY ALLOWING THESE TO BE
PRIVATE ROADS, THEY ARE RESTRICTING ACCESS FOR POLICE, FIRE PROTECTION,
ETC.
MR. RANSON FELT THEY HAVE TAKEN CARE OF THAT WITH THE
ACCESS STREET DESIGNATED AS TRACT C, WHICH GOES INTO KELLEY ROAD.
HE FELT THIS PROVIDES AN ESCAPE VALVE FOR THE PEOPLE IN THE SUBDIVISION.
SENIOR PLANNER MARSH NOTED THAT KELLEY ROAD IS AN UNPAVED
ROAD UP TO THIS PARCEL.
CHAIRMAN SIEBERT CONTINUED TO QUESTION THE FAIRNESS OF
REQUIRING THIS SUBDIVISION TO PAVE THE HALF ROAD ON 39TH AVE. WHEN
THEY DO NOT REALLY NEED IT, AND MR. RANSON ARGUED THAT THE ORDINANCE,
AS HE READS IT, ONLY REQUIRES THE DEDICATION.
MR. MARSH STATED THAT ALL ROADS ARE REQUIRED TO BE PAVED
UNDER THE ORDINANCE.
MR. RANSON AGREED BUT STATED THESE ROADS ARE NOT IN THE
SUBDIVISION.
COMMISSIONER WODTKE FELT IT IS AN ABSOLUTE NECESSITY THAT
THE COUNTY GET A DEDICATION ON 39TH AVENUE AND 12TH ST. S.W. AND THAT
THE DEVELOPER EITHER PAVE THESE OR PUT UP THE SURETY DOLLARS BECAUSE
THE ROAD IS THERE AND IF THE DEVELOPER CHOOSES TO BACK THE LOTS UP
TO IT, HE DID NOT FEEL THAT ELIMINATES HIS RESPONSIBILITY.
DISCUSSION CONTINUED IN REGARD TO WHAT THE REGULATIONS SAY
ABOUT DEDICATING AND PAVING.
ADMINISTRATOR JENNINGS FELT THE REGULATIONS STATE THAT
ALL ROADS AND HALF STREETS HAVE TO BE PAVED; HE NOTED THAT IF 12TH ST.
WERE TO BE MADE PUBLIC, THE DEVELOPERS WOULD BE RUNNING INTO ANOTHER
PROBLEM BECAUSE THE BRIDGE IS A PRIVATE BRIDGE.
ATTORNEY COLLINS NOTED THAT YOU CAN KEEP THE ROADS PRIVATE
AND HAVE AN EASEMENT WITHIN THE DEDICATION GIVING THE RIGHT FOR THE
PUBLIC TO CROSS OVER AND LEAVING THE MAINTENANCE, ETC., TO THE DEVELOPER.
56
CHAIRMAN SIEBERT STATED THAT HE IS TOTALLY CONFUSED BECAUSE
IN A LOT OF SUBDIVISIONS WE HAVE ENCOURAGED NO THROUGH STREETS, AND
NOW WE ARE SAYING YOU HAVE TO HAVE THROUGH STREETS. HE HAD FELT THAT
ONE OF THE ATTRACTIVE THINGS ABOUT INDIAN RIVER COUNTY WAS THAT YOU
COULD HAVE PRIVATE SUBDIVISIONS WITHOUT THROUGH STREETS.
DISCUSSION CONTINUED AS TO WHICH TRACTS SHOULD BE DEDICATED
AND WHICH PAVED, AND VARIOUS ALTERNATIVES FOR ACCESS.
CHAIRMAN SIEBERT EMPHASIZED THAT WE STATED IN NO WAY WOULD
WE EVER ACCEPT AN INTERCONNECTION OF MITCHELL ESTATES TO THE ADJACENT
SUBDIVISION, BUT IN THIS CASE WE ARE REQUIRING IT.
COMMISSIONER WODTKE POINTED OUT THAT THIS SITUATION IS
DIFFERENT BECAUSE OF THE SURROUNDING CANALS, AND HE BELIEVED THEY ARE
CREATING A SITUATION THAT COULD COME BACK TO HAUNT US IF THERE SHOULD
BE A BRIDGE PROBLEM BECAUSE THEY WOULD HAVE NO OTHER WAY OF GETTING
IN OR OUT OF THE SUBDIVISION.
CHAIRMAN SIEBERT COULD SEE REQUIRING THE DEDICATION ON
39TH AVENUE, BUT ASKED WHY THE DEVELOPER SHOULD HAVE THE LIABILITY
OF PAVING IT WHEN THEY DON `T USE IT.
COMMISSIONER LYONS NOTED IT IS BECAUSE THEY JUST HAPPEN TO
BE THE PEOPLE WHO ARE DEVELOPING NEXT DOOR, AND THE CHAIRMAN AGAIN
NOTED THAT WE HAVE MANY IN TOWN WHERE WE HAVE NOT REQUIRED THAT.
COMMISSIONER WODTKE AGREED THAT IT IS UNFORTUNATE THAT THE
OTHER PROPERTY WAS PLATTED AND SUBDIVIDED BEFORE THIS, BUT THE
DEVELOPER MADE THE CHOICE TO PUT THE BACK OF HIS PROPERTY AGAINST
THE FACE OF THE OTHER, AND HE DID NOT SEE HOW THE OTHER PEOPLE CAN
BE RESPONSIBLE TO BUILD THE WHOLE ROAD.
MR. RANSON INFORMED THE BOARD THAT THE REASON THE SUBDIVISION
IS LAID OUT THIS WAY IS THAT THEY WERE TOLD THEY COULD NOT HAVE ALL
THEIR PEOPLE COME THROUGH GROVENOR ESTATES.
PLANNER MARSH EXPLAINED THAT HIS STAFF TOLD THEM THEY DID
NOT FEEL IT WAS APPROPRIATE FOR THEM TO RELY SOLELY ON LOCAL STREETS
THROUGH AN EXISTING SUBDIVISION. HE NOTED THE SUBDIVISION COULD HAVE
BEEN DESIGNED WITH ANOTHER ROW OF LOTS FRONTING ON 39TH. HE WENT ON
57
AUG 131980
Boa- 44 -ma .
r'
AUG 131980 BOOK 44 PAu273
TO DISCUSS THE AMBIGUITY IN THE REGULATIONS, BUT EMPHASIZED THAT YOU
GET INTO A REAL PROBLEM BY ALLOWING PRIVATE STREETS TO TOTALLY ELIMINATE
OR DETRACT FROM AN OVERALL THOROUGHFARE SYSTEM.
ADMINISTRATOR JENNINGS NOTED THAT THIS IS A VERY UNUSUAL
SITUATION; IT HAS BEEN BEFORE THE BOARD SEVERAL TIMES, AND WE ARE
ALL GETTING TIRED OF IT. THE ADMINISTRATOR FELT THE SOLUTION WOULD
BE FOR THE BOARD TO LEAVE THE SUBDIVISION PLAT AS IT IS, PAVE THE
HALF ROAD ON KELLEY ROAD AS THE REGULATIONS CALL FOR BECAUSE IT SERVES
THE INGRESS AND EGRESS TO THE SUBDIVISION, AND WAIVER THE PAVING ON
39TH AVENUE, WHICH ACTUALLY WOULD BE A 12' PAVEMENT GOING NORTH AND
SOUTH TO NOWHERE.
COMMISSIONER LYONS STATED THAT HE WOULD VOTE AGAINST THE
MATTER OF WAIVING THE PAVING, WHICH HE FELT IS A SUBTERFUGE BECAUSE
THIS IS A PRIVATE SUBDIVISION.
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS-
SIONER WODTKE, TO GRANT TENTATIVE APPROVAL OF SHADY OAKS SUBDIVISION
WITH THE FOLLOWING UNDERSTANDINGS:
(1) THAT 39TH AVENUE BE DEDICATED TO THE COUNTY AND THAT THE HALF
ROAD EITHER BE PAVED OR THE MONEY PUT IN ESCROW;
(2) THAT KELLEY ROAD BE DEDICATED TO THE COUNTY AND THE HALF ROAD
EITHER BE PAVED OR THE MONEY PUT IN ESCROW;
(3) THAT TRACT C BE OPENED UP AND PAVED; AND
(4) THAT TRACTS D AND E BE DEDICATED BUT NOT PAVED.
COMMISSIONER WODTKE ASKED IF TRACT D WAS ELIMINATED, HOW THEY
WOULD REPLAT, AND MR. RANSON ASSUMED THEY WOULD SPLIT IT BETWEEN
THE LOTS.
CHAIRMAN SIEBERT COMMENTED THAT THE MOTION ACTUALLY APPROVES
THE PLAT AS SUBMITTED°WITH REQUIREMENTS THAT THE HALF ROAD BE PROVIDED
ON KELLEY ROAD AND 39TH ST.
COMMISSIONER WODTKE NOTED THAT TRACT C IS TO BE PAVED, BUT
NOT TRACTS D AND E.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED 4 TO I WITH CHAIRMAN SIEBERT VOTING IN OPPOSITION.
�J
�I
TENTATIVE APPROVAL NARANJA TRACT SUBDIVISION - APPROVED WITH CONDITIONS
SENIOR PLANNER MARSH EXPLAINED THAT THIS ACTUALLY IS A
REPLAT AND PROPOSES THE RESUBDIVISION OF A VERY OLD SUBDIVISION KNOWN
AS THE NARANJA TRACT AND ADDITIONAL UNPLATTED ACREAGE TO THE WEST.
IT WILL CONSIST OF 11 LOTS, EACH BEING SLIGHTLY LESS THAN ONE ACRE.
THE PROPERTY IS LOCATED DUE EAST OF MASSEY ROAD ON THE WEST SIDE OF
THE INDIAN RIVER AND IS NORTH OF THE FIRST CAUSEWAY AS YOU HEAD EAST
TO WABASSO BEACH, MR. MARSH CONTINUED THAT THE DEVELOPER HAS PUT UP
ESCROW, WHICH HE BELIEVED WOULD BE BETTER THAN HAVING A HALF ROAD AND
A PARTIAL DIRT ROAD. NOTICES HAVE BEEN PUT ON THE PLAT REGARDING THE
MANGROVE AND A 50' SETBACK FROM THE RIVER AND POSSIBLE FILL REQUIRE-
MENTS. HE STATED THAT THE DEVELOPER HAS COMPLIED WITH ALL DRAINAGE
NEEDS, BUT THE STAFF DOES NOT FEEL IT IS POSSIBLE TO PROVIDE A THOROUGH
ANALYSIS ON DRAINAGE WITHOUT THE PROPOSED ELEVATIONS. THE STAFF IS
NOT RECOMMENDING DISAPPROVAL OF THE PLAN, BUT THEY WOULD LIKE TO LOOK
MORE CLOSELY AT ELEVATIONS IN THE FUTURE. PART OF THIS PROPERTY WAS
ONCE A STUMP DUMP, MR. MARSH NOTED THAT THE STAFF HAS TREATED THIS
AS A NEW SUBDIVISION.
CHAIRMAN SIEBERT ASKED IF WE ARE ABANDONING AN OLD PLAT,
AND ATTORNEY COLLINS FELT THIS IS MORE IN THE FORM OF A REPLAT.
DISCUSSION ENSUED AS TO WHETHER A REPLAT WAS TENTATIVE AND
FINAL ALL IN ONE STEP. ATTORNEY COLLINS NOTED THAT THIS REALLY IS A
HYBRID BECAUSE IT ALSO INCLUDES SOME PREVIOUSLY UNPLATTED PROPERTY.
MR. MARSH COMMENTED THAT AGAIN THE ISSUE OF THE ROAD AROSE,
AND THE PLANNING DEPARTMENT DOES NOT FEEL IT CAN WAIVE THE PAVING
REQUIREMENT FOR EITHER INTERNAL OR PERIPHERY ROADS UNDER THE SUBDIVISION.
HE ASKED IF THE BOARD WISHED TO GIVE DIRECTION SO THAT THE STAFF COULD
HAVE DISCRETION IN CASES WHERE THEY DO NOT THINK IT IS NECESSARY.
ATTORNEY COLLINS STATED THAT ONY THE BOARD HAS THE AUTHORITY
TO WAIVE THE PAVING REQUIREMENTS.
DISCUSSION ENSUED ABOUT ELEVATIONS AND DRAINAGE, AND
CHAIRMAN SIEBERT COMMENTED THAT THIS IS A VERY DIFFICULT PIECE OF
PROPERTY TO DEVELOP. HE NOTED THAT WHEN YOU GET THE HALF ROAD, YOU
WILL ELIMINATE THE DRAINAGE THAT IS THERE.
59
AUG 131980
Booz 44 -*E Vl 4
F'
AUG 131980
aoox 44 FQcE 275
MR. MARSH POINTED OUT THAT THERE IS AN ADDITIONAL 10'
EASEMENT, AND THEY WILL PUSH TO GET, ADEQUATE DRAINAGE.
ATTORNEY COLLINS NOTED THAT THE ROAD IS A DEDICATED ROAD
AND WONDERED WHY THE ADJACENT EASEMENT IS PRIVATE.
ADMINISTRATOR JENNINGS COMMENTED THAT THE ONLY RIGHT-OF-WAY
THE COUNTY HAS IS WHAT THEY TOOK BY MAINTENANCE SOMETIME AGO. IT IS
A VERY RESTRICTED ROAD, AND IT WILL BE A VERY DIFFICULT ROAD TO MAIN-
TAIN BECAUSE OF THE PROBLEM WITH THE TREES AND ROOTS. HE ASKED IF
THE ATTORNEY WAS TALKING ABOUT THE ROAD RIGHT-OF-WAY, AND THE
ATTORNEY EXPLAINED THAT HE MEANT THE ADJACENT EASEMENT.
MR. MARSH NOTED THAT THIS WAS REQUESTED IN THE TECHNICAL
REVIEW COMMITTEE, AND THE ADMINISTRATOR HAD STATED THAT HE DID NOT
WANT TO HAVE THE COUNTY HAVE TO MAINTAIN ALL THAT.
ATTORNEY COLLINS DISCUSSED THE TREES FALLING OVER THE ROAD,
AND STATED HE WOULD LIKE TO ELIMINATE THE TREES FROM COUNTY OWNERSHIP,
IF POSSIBLE.
COMMISSIONER LYONS STATED THAT HE COULD UNDERSTAND THE
INTERNAL EASEMENTS BEING PRIVATE, BUT FELT WE MAY BE HEADING FOR
TROUBLE IN THE LONG RUN IF THE EASEMENT ALONG THE ROAD BECOMES A
PRIVATE EASEMENT,
ADMINISTRATOR JENNINGS STATED THAT HE WOULD GO ALONG WITH
TAKING THE NORTH -SOUTH EASEMENT AS THERE IS NO REASON FOR IT TO BE
PRIVATE, BUT BELIEVED WE SHOULD LEAVE OUT THE EAST -WEST EASEMENTS AS
THE COUNTY DOES NOT WANT TO HAVE TO KEEP THOSE DITCHES OPEN.
CHAIRMAN SIEBERT FELT THE CLEANEST WAY TO DO THIS IS TO
ABANDON THIS PLAT AND START ALL OVER UNDER TODAY IS REGULATIONS.
ADMINISTRATOR JENNINGS STATED THAT HIS UNDERSTANDING IS IF
YOU FILE A REPLAT OF A PLAT, THE REPLAT THEN BECOMES THE PLAT, HE
NOTED THAT THIS IS NOT THE PLAT THAT WILL GO ON RECORD.
CHAIRMAN SIEBERT STATED THAT THIS PLAT DOES NOT COVER IT ALL.
ATTORNEY COLLINS EXPLAINED THAT THEY ARE ANTICIPATING RE -
PLATTING THE EXISTING PLAT. THERE ARE NO EASEMENTS ON THE OLD PLAT,
AND HE BELIEVED THE LINES COINCIDE WITH ALL THE SIDE LOT LINES. THEY
60
k
ARE PLATTING THE REST AT THE REQUEST OF THE COUNTY, HE STATED THAT
HE DID NOT HAVE ANY PROBLEM WITH THIS APPROACH,
MR. MARSH CONFIRMED THAT THE LOT LINES COINCIDE SO THERE
WOULD BE NO PROBLEM IN THE FUTURE.
CHAIRMAN SIEBERT STATED THAT IF THE ATTORNEY FEELS THIS IS
ALL RIGHT, IT IS ALL RIGHT WITH HIM. HE AGAIN COMMENTED THAT THIS IS
A HORRIBLE PIECE OF PROPERTY TO DEVELOP,
FRANK CLARK, DEVELOPER, INFORMED THE BOARD WHEN THEY FIRST
GOT THESE LOTS, THEY CAME TO PLANNING & ZONING AND SAID THEY WANTED
TO EXTEND THE LOTS; AT THAT TIME, THEY WERE TOLD THEY COULD EXTEND BY
METES AND BOUNDS, BUT WERE LATER TOLD IT HAD TO BE REPLATTED. THEY
HAD SOLD OFF A NUMBER OF LOTS BEFORE THEY WERE TOLD THEY HAD TO REPLAT,
AS SOON AS THAT WAS DONE, THEY WENT TO THE TRC. HE NOTED THAT EVERY-
BODY HAS BEEN TOLD THEY WILL HAVE TO FILL FOR THE FOUNDATION OF THE
HOUSE, BUT THEY HAVE NOT BEEN TOLD ANYTHING ABOUT AN OVERALL LEVEL,
COMMISSIONER WODTKE ASKED IF HE HAD ANY PROBLEM ABOUT THE
NORTH -SOUTH EASEMENT BEING A PUBLIC EASEMENT, AND MR. CLARK FELT IT
WOULD BE PREFERABLE FOR THEM.
FURTHER DISCUSSION ENSUED ON THE NORTH -SOUTH EASEMENT.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF THE REPLAT
PORTION OF NARANJA TRACT SHELLMOUND BEACH AND AGREED NOT TO REQUIRE
PAVING OF THE HALF ROAD, BUT TO REQUIRE ESCROW OF THE FUNDS FOR SAME.
ATTORNEY C6LLINS SUMMARIZED THAT WHAT THE BOARD IS DOING IS
APPROVING A TENTATIVE REPLAT OF PART OF THE SUBDIVISION AND A TENTATIVE
PLAT OF THE BALANCE OF THE LANDS AND REQUIRING THE DEVELOPER TO POST
CASH EQUAL TO THE COST OF PAVING HALF OF THE ROAD; IN ADDITION, THE
NORTH -SOUTH EASEMENT WILL BE A PUBLIC EASEMENT AND THE OTHER EASEMENTS
AS SHOWN ON THE PLAT WILL BE PRIVATE. HE NOTED THAT THIS DEVELOPER
HAS BEEN VERY COOPERATIVE; IT IS A DIFFICULT SITUATION TO RESOLVE; AND
HE HAS MADE EVERY EFFORT.
61
AUG 1319G0
aooK 44 PAG -E 276
- .
_I
AUG 13 19'80 BOOK 44 PAGE 2 77
EXTENSION OF PRELIMINARY PLAT APPROVAL OF SAN SEBASTIAN SPRINGS -
GRANTED AN ADDITIONAL 60 DAYS WITH CONDITIONS
SENIOR PLANNER MARSH NOTED THAT THE BOARD PREVIOUSLY APPROVED
THE EXTENSION OF TENTATIVE APPROVAL BASED ON DR. FISCHER MAKING
NECESSARY CHANGES IN THE PLAT TO REFLECT A MODIFIED ROAD ALIGNMENT.
DR. FISCHER HAS SUBMITTED A LETTER REGARDING THE SIX ITEMS THE PLANNING
DEPARTMENT COMMENTED ON IN THEIR MEMO OF JUNE 19TH AND INDICATED THAT
THESE SIX QUALIFICATIONS WOULD BE CORRECTED PRIOR TO THE FINAL PLAT
PROCESS. DR. FISCHER, HOWEVER, IS ASKING THAT THE EXTENSION BE GRANTED
BASED ON THE FACT THAT CORRECTIONS WILL BE MADE IN THE FINAL PLAT
PROCESS, AS PER THE FOLLOWING LETTERS:
HENRY A. FISCHER, D.D.S.
P.O. BOX 68
SEBASTIAN, FLORIDA 32958
OFFICE PHONE 589-5337
August 8, 1980
Indian River County Planning and Zoning
2121 - 14th Avenue
Vero Beach, FL 32960
Dear Gentlemen:
John L. Ashby and I have applied for extension on a` site-_pla1i jfor:.S.ans
Sebastian Springs. We fully intend to comply with the six criteria
listed in your letter of June 18, 1980.
We intend to alter the site plan and resurvey boundaries and to realign
the lots with roads. The reason there is a slight change in road align-
ment was our efforts to avoid removal of large trees and conserving the
natural vegatation in the area.
Sans Sebastian Springs was environmentally designed and we have not adhered
to a desk drawn plan, but we have made our changes in the field to
preserve the area.
Sincerely,
Dr. Henry A.
N
Fischer
� _ r
EDwin S. Schmudcer, P.E.
President
BleP%1 zMan's Work With Cod's World
July 18, 1980
E:]
Board of County Commissioner
2145 14th Avenue
Room 115
Vero Beach, Florida 32960
ATT: Jack Jennings
Dear Mr. Jennings:
Post Office Boz 10
Vero Beach, Florida 32960
Telephone (305) 557-9360
My client Dr. Fisher, has advised me that Mr. Pete Musick of Musick
and Fowler Land Surveying has been requested to simply revise the
lot lines to suit the road -way as constructed for Phase I of Sebastian
Springs. We feel that this should not prevent the actual extension
of the preliminary plat, as the changes are a minimum with relation
to the large lots being platted.
We would like to formally request that you extend the preliminary
plat on the basis that the final plat would show the actual variation
from the preliminary plat alignment. The surveyor should have this
in the next few months.
Sincerely,
TOTAL DEVELOP,�ENT , INC.
L� CZe(.
EdWi12 S. .Sc•hm ic,'.er, P. E.
President
ATTORNEY COLLINS AGREED THAT DR. FISCHER'S LETTER GOES A
LONG WAY TOWARDS RECONCILING THE DIFFICULTIES, BUT NOTED THAT THE
ROAD LOCATED ON THE LAND IS DIFFERENT THAN SHOWN ON THE TENTATIVE
PLAT, AND HE DID NOT WANT THE BOARD GRANTING AN EXTENSION OF SOMETHING
DIFFERENT FROM WHAT THEY ARE DOING.
COMMISSIONER LYONS FELT THAT THE DEPARTURE PROBABLY IS NOT
TOO GREAT, BUT STATED HE DID NOT LIKE THE SITUATION.
SENIOR PLANNER MARSH EXPLAINED THAT HIS STAFF DID NOT EXPRESS
TOO MUCH CONCERN BECAUSE THE ROAD IS JUST OFF A MATTER OF POSSIBLY
15' IN ONE AREA AND 5' OR 10' IN ANOTHER.
HARLAN PETERSON OF TOTAL DEVELOPMENT CONFIRMED THAT THE
ROAD WAS NOT VERY MUCH DIFFERENT THAN SHOWN ON THE PLAT.
63
FAG
AUG 131980 Boa E� H
ACJ
�
My client Dr. Fisher, has advised me that Mr. Pete Musick of Musick
and Fowler Land Surveying has been requested to simply revise the
lot lines to suit the road -way as constructed for Phase I of Sebastian
Springs. We feel that this should not prevent the actual extension
of the preliminary plat, as the changes are a minimum with relation
to the large lots being platted.
We would like to formally request that you extend the preliminary
plat on the basis that the final plat would show the actual variation
from the preliminary plat alignment. The surveyor should have this
in the next few months.
Sincerely,
TOTAL DEVELOP,�ENT , INC.
L� CZe(.
EdWi12 S. .Sc•hm ic,'.er, P. E.
President
ATTORNEY COLLINS AGREED THAT DR. FISCHER'S LETTER GOES A
LONG WAY TOWARDS RECONCILING THE DIFFICULTIES, BUT NOTED THAT THE
ROAD LOCATED ON THE LAND IS DIFFERENT THAN SHOWN ON THE TENTATIVE
PLAT, AND HE DID NOT WANT THE BOARD GRANTING AN EXTENSION OF SOMETHING
DIFFERENT FROM WHAT THEY ARE DOING.
COMMISSIONER LYONS FELT THAT THE DEPARTURE PROBABLY IS NOT
TOO GREAT, BUT STATED HE DID NOT LIKE THE SITUATION.
SENIOR PLANNER MARSH EXPLAINED THAT HIS STAFF DID NOT EXPRESS
TOO MUCH CONCERN BECAUSE THE ROAD IS JUST OFF A MATTER OF POSSIBLY
15' IN ONE AREA AND 5' OR 10' IN ANOTHER.
HARLAN PETERSON OF TOTAL DEVELOPMENT CONFIRMED THAT THE
ROAD WAS NOT VERY MUCH DIFFERENT THAN SHOWN ON THE PLAT.
63
FAG
AUG 131980 Boa E� H
AUG 131980
BQOK 44 PA6E,r�*�
G+ t 9
CHAIRMAN SIEBERT ASKED IF THEY COULD REVISE THE SITE PLAN
TO AGREE WITH WHAT THEY HAVE ALREADY DONE OR WHETHER THEY ARE REQUIRED
TO FOLLOW THE ORIGINAL PLAN, AND SENIOR PLANNER MARSH FELT BECAUSE
OF THE SMALLNESS OF THE AREA, IT DIDNIT MATTER TOO MUCH; THEY JUST
WANT TO BE SURE IT IS CORRECT IN THE FINAL PROCESS.
DISCUSSION FOLLOWED ON THE MOTION MADE AT THE ,JUNE 25TH
MEETING, WHICH WAS AS FOLLOWS:
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY GRANTED AN EXTENSION OF TIME__ON_.THE
.P-RELIMINARYLP-LALp SAN_ SEBASTIAN_ SPR I NGS,-...PHASE--1,-EOR. AN.- ADD IT I ONAL
lls.T�i.�� LLSll:J�CLTQ�:�{L'I►�iER�nOIIlIPdC�THE._
-EOl1NTY WITH�E_V_LS_ED_= T%�IV PLA? CONal.STEN_--I TN-THE_RQAD...AS_
J T EXISTS QR THE MQV_I NG_OF THE_ROAD.10_MAKE _I.T. CONS I STENT WITH THE
_PLAT__AS_IT_EXI_SZSt__AND SUBJECT -JO. THE_MEMQ._FROM,_SENIOR PLANNER
_&RSH_DAIED_ JUNE._1g, .I98O,.._WHI CH._I S_ A_.PART OF THE -RECORD.
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS-
SIONER LOY, TO AMEND THE ABOVE QUOTED MOTION PASSED AT THE MEETING
OF .JUNE 25, 1980, EXTENDING THE TENTATIVE PLAT SIX MONTHS BEYOND
AUGUST 21, 1980, WITH THE ADDITIONAL REQUIREMENT THAT WITHIN 60 DAYS
FROM AUGUST 13, 1980, THE DEVELOPER PROVIDE THE PLANNING DEPARTMENT
WITH AN AMENDED TENTATIVE PLAT SHOWING THE REALIGNMENT OF THE ROADS
AND LOTS AS THEY APPEAR ON THE GROUND.
DISCUSSION FOLLOWED ON THE DATES AND COMMISSIONER WODTKE
NOTED IF THEY DON T DO IT IN 60 DAYS, THEY WILL HAVE TO START ALL
OVER; CHAIRMAN SIEBERT FELT WE SHOULD JUST GIVE THEM 60 DAYS TO COMPLY
WITH WHAT WE INSTRUCT,
COMMISSIONER LYONS WITHDREW HIS MOTION AND COMMISSIONER LOY
WITHDREW HER SECOND.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY AGREED THAT THE PRIOR MOTION BE TOTALLY
AMENDED TO READ AS FOLLOWS: THAT THE BOARD GRANT AN EXTENSION OF
TIME ON THE PRELIMINARY PLAT OF SAN SEBASTIAN SPRINGS, PHASE 1, FOR
AN ADDITIONAL SIXTY DAYS FROM AUGUST 21, 1980; THE OWNER SHALL PROVIDE
THE COUNTY WITH A REVISED TENTATIVE PLAT CONSISTENT WITH THE ROAD
AS IT EXISTS OR MOVE THE ROAD TO MAKE IT CONSISTENT WITH THE PLAT AS
IT EXISTS, AND SUBJECT TO THE MEMO FROM SENIOR PLANNER MARSH DATED
JUNE 191 1980, WHICH IS A PART OF THE RECORD.
TO: Board of County Commissioners June -19, 1980
FROM: David Marsh, Senior Planner
SUBJECT: Proposed Preliminary Plat Extension.San Sebastian Springs,
Unit I
The staff has reviewed the tentative plat and the files and finds no
overriding reason to deny the requested extension. Preliminary approval
was granted February 21, 1979.
It should be noted, however, that the slated improvements are estimated
to be approximately 50% complete. Other shortcomings found in our review
and inspection are as follows:
1) Notes regarding filling in sensitive areas and sedimentation control
have not been placed on the plat. (Board of County Commission minutes
March 21, 1979)
2) It does not appear that the existing road alignment conforms to the
plat in some areas.
3) Culverts have been placed in different locations than that shown on
the plat (thereby creating problems with easement alignments).
4) Lot 31 has an existing slough through the center of the lot with no
easement.
5) Pavement of interior roads and 1/2 street on east property line have
not been undertaken.
G) Extensive additional swale and drainage work will be required. (Ex.
regrading, grassing or seed and mulch)
COMMISSIONER WODTKE COMMENTED THAT THE FIRST MOTION GRANTING
THE EXTENSION FROM AUGUST WAS BASED ON THE APPLICANT PROVIDING THE
CORRECTIONS AND THEY DECIDED NOT TO DO IT, AND ATTORNEY COLLINS NOTED
THAT THE BOARD IS ACTUALLY GIVING THEM ANOTHER SIXTY DAYS TO DO THIS,
COMMISSIONER WODTKE ASKED IF IT IS PROBABLE THEY WILL NEED
ANOTHER EXTENSION TO GET TO FINAL APPROVAL, AND THE ATTORNEY FELT IT
IS MOST PROBABLE.
ENGINEER HARLAN PETERSON WISHED TO CONFIRM THE EXACT SEQUENCE
AND NOTED THE BOARD NOW IS ALLOWING SIXTY DAYS TO CORRECT THE PRELIMINARY
PLAT; HOWEVER, THE TENTATIVE APPROVAL OF 18 MONTHS EXPIRES AUGUST 21ST,
AUG 13 1980 65 BOOK 44: 6vE"280
r -
AUG 13 1980
800x 44 wf281
AND, THEREFORE, WHEN THE PRELIMINARY PLAT IS CORRECTED, IT THEN .,
COMES BACK IN FOR AN EXTENSION OF THE ORIGINAL.
ATTORNEY COLLINS STATED THAT THEY HAVE A POSSIBILITY OF
FOUR MORE MONTHS EXTENSION AFTER THE SIXTY DAYS,
MR. PETERSON COMMENTED THAT THE BOARD HAS TAKEN OUT THE
AUGUST 21ST EXTENSION FOR SIX MONTHS PREVIOUSLY GRANTED.
ATTORNEY COLLINS NOTED THAT DR. FISCHER HAS DECIDED NOT TO
GIVE THE BOARD WHAT THEY WANT, AND THE BOARD IS SAYING THEY WILL GIVE
HIM ANOTHER 60 DAYS AND IF THEY DONT GET THE CORRECTION, THERE MAY
NOT BE ANOTHER EXTENSION. THE PRELIMINARY PLAT HAS BEEN EXTENDED
SIXTY DAYS FROM AUGUST 21, 1980,
RELEASE OF EASEMENT ROSELAND GARDENS SUBDIVISION (BALCOR) - APPROVED
RELEASE OF EASEMENT IN ROSELAND GARDENS SUBDIVISION IS
RECOMMENDED BY THE PLANNING DEPARTMENT AND THE ATTORNEY BASED ON THE
FOLLOWING MEMORANDUMS:
7--
66
MO
- August 5, 1980 =
TO: Jacek G. Jennings, County Administrator
FROM: Da iG'-c�rsh, Senior Planner
SUBJECT: Easement Release Request
This request for the release of the 10' public utility easement
lying between Lots 9 and 10, Block 3, Roseland Gardens Subdivision
has been previously reviewed by this Board on June 18, 1980 at
which time it was brought out that this is a private subdivision
raising the question as to the County's right to release this ease-
ment. According to the County Attorney, the signed acknowledgment
will release the County from responsibility for protection of any
private property rights in relation to the easement release.
Based on this the Planning staff could recommend approval at this
time.
DM: j t ;
Recommend Approval
4 k s
. Mrs
Mr. and Mrs. John Tyson
Mr. and Mrs. Edgar Williams
June 27,'-1-980
Indian River County has been requested to release the ease-
ment between Lots 9 and 10, Block 3, Roseland Gardens Subdivision,
according to plat filed in Plat Book 8, page 25. In examining
the plat, it appears that the subdivision is not fully dedicated
to the public, but is, in fact, a private subdivision, which
raises rights as to owners within the subdivision, to the ease-
ment. Indian River County is prepared to release their interest
in the easement lying between Lots 9 and 10, Block 3, but that
does not necessarily release all interests of the easement
because interests of the owners within the platted subdivision
may still be retained. This letter is written for the purpose
of putting you on notice as to the facts set forth above. If
you desire the county to proceed, please sign your names below.
Sincer y,
Ge ge Co s, Jr.
I have read the above comments by the County Attorney and desire
that the county proceed with the release of the county's interest.
,•fiyn?sse�
i�
S'-!ORN TO AND S, G;ZTfdre me thi s
F1o. 3� h7�{I25
`� �t'tIi1��c Nn-nRu C•••�tr �c'G
/J Y
No -'airy Public,AZI Sta e o "'!.ew York
T. ommission
eelr
AUG 13 198
catiT of July, 1950.
BOOK 44i'FAG*E 282
AUG 131980
aooK 44 PAGE Z 3
ATTORNEY COLLINS STATED THAT HE HAD MADE ONE CHANGE IN
THE RESOLUTION AND RELEASE OF EASEMENT SO THAT IT SETS OUT THAT THE
COUNTY IS RELEASING THE "PUBLIC" RIGHTS IN THOSE EASEMENTS.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-80, APPROVING
RELEASE OF THE PUBLIC RIGHTS IN THE COMMON SIDE LOT EASEMENTS BETWEEN
LOTS 9 AND 10, BLOCK 3, ROSELAND GARDENS, AS REQUESTED BY BALCOR,
INC., AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN.
68
RESOLUTION NO. 80-80
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, have been requested to release the lot line easements
on the southeast five (5) feet of lot 10, and the northwest five (5) feet
of lot 9, Block 3, ROSELAND GARDENS according to the Plat of same recorded
in Plat Book 8, page 25, of the Public Records of Indian River County.,
Florida; and
WHEREAS, said lot line easements were dedicated on the Plat of
ROSELAND GARDENS for public utility purposes; and
WHEREAS, the request for such release of easement has been submitted
in proper form;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that the public rights on the following
common lot line easements in ROSELAND GARDENS, shall be released, abandoned
and vacated as follows:
Those common side lot easements lying between lots 9 and 10,
Block 3, ROSELAND GARDENS, a subdivision as recorded in Plat
Book 8, page 25, Public Records of Indian River County, Florida.
BE IT FURTHER RESOLVED that the Chairman of the Board of County
Commissioners and the Clerk of the Circuit Court be and they hereby are
authorized and directed to execute a release of said lot line easements
hereinabove referred to in form proper for recording and placing in the
Public Records of Indian River County, Florida.
This 13thday of August , 1980.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY,FLO IDA
By: �
W. W. Siebert, Jr., Chair
Alma Lee Loy, Vice Chairman
Attest:
Ole
Freda Wright, Cl?r;
BOOK 44 PAU 49004
AUG 131980
AU6 13 1980
BooK 44 Pgf 285
RELEASE OF EASEMENT
This Release of Easement, executed this 13th day of August 1980,
by the Board of County Commissioners of Indian River County, Florida, a.
political subdivision of the State of Florida, first party, to John Tyson
and Anneliese Tyson, his wife, and Edgar Williams and Doris Williams, his
wife, whose mailing address is 3 Oak Point Drive South, Bayville Suffolk
County, New York, second party:
WITNESSETH:
That the said party of the first part for and in consideration of
the sum of one dollar ($1.00) and other good and valuable consideration in
hand paid by the said second party, does hereby remise, release, abandon
and quit claim unto the said second party forever, all the public rights,
title, interest, claim and demand which the said first party has in and to
the following described easement, lying on land situate in the County of
Indian River, State of Florida, to -wit:
Those common side lot easements lying between lots 9 and 10,
Block 3, ROSELAND GARDENS, a subdivision as recorded in Plat'
Book 8, page 25, Public Records of Indian River County, Florida.
TO HAVE AND TO HOLD the same with all and singular the appurtenances
thereunto belonging or in anywise appertaining and all estate, right, title,
interest, equity and claim whatsoever of the said first party either in law
or equity to the only proper use, benefit and behoof of the said second party
forever.
IN WITNESS WHEREOF, the said first party has signed and sealed these
presents by the parties so authorized by the law the day and year above
written.
Signed, sealed and delivered
in the presence of:
77
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
i
By:
W. W. Siebert, Jr., ChairmarV
Alma Lee Loy, Vice Chairman
- Q�//
l
Attest:,_74,j)',
_Y
Freda Wrig t, Cler
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 acknowledgements
personally appeared, ALMA LEE LOY, as Vice 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,
to me known 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 the said political subdivision.
WITNESS my hand and seal in the County and State last aforesaid
this 13th day of August , 1980.
Notary Pub Y'c, State of Flor' a at Large
My commission expires:
NOTARY PUBLIC STATE Or' FLORIDA AT LARGE
(Notary Seal) MY COMMISSION EXPIRES JULY S 1432
BONDED THRU GEN_R-L INS. UNDERWRITERS
AUG 131980
BOOK 44`AGE 286
F_
AUG 131980 Boa 44 PacE 287
RELEASE OF EASEMENT CLEAR VIEW TERRACE SUBDIVISION (WARE) — APPROVED
RELEASE OF EASEMENT IN CLEAR VIEW TERRACE REQUESTED BY
WILLIAM WARE IS RECOMMENDED BY THE PLANNING DEPARTMENT AS PER THE
FOLLOWING MEMO:
August 4, 1950 r��d
S1g80cc
MEMOi�is ��ta;'s Ci.•�
c
TO: Jack Jennings, County Administrator
FROM: David Marsh, Senior Planner
SUBJECT: Easement Release Request
This request for the release of the utility and drainage easement
lying on the common side lot lines of Lots 15 and 16, Block 1,
Clear View Terrace, has been reviewed by the following agencies:
Southern Bell Telephone
Florida Power and Light
County Utilities Department
No objectionable responses were received. Drainage is currently
handled by the front, rear and the 25th Avenue swales. These and
the existing utility provisions appear to be adequate. For the
future it would seem to be appropriate to retain the common side
lot easements on Lots 4 and 5 and 12 and 13, Block 1.for cross -drain-
age and for general utility provisions.
Recommend approval.-,
D
SENIOR PLANNER MARSH EXPLAINED THAT WHEN A REQUEST FOR
RELEASE OF EASEMENT COMES IN, THE PLANNING STAFF HAS BEEN LOOKING AT
THE OVERALL BLOCK, AND THEY DO SEE THE POSSIBILITY, IN THIS CASE,
FOR A CENTRALLY LOCATED EASEMENT, AS INDICATED IN THE MEMO. HE
CONTINUED THAT WHEN A MOTION IS MADE GIVING APPROVAL OF THESE RELEASES
AS RECOMMENDED, THEY ARE ASSUMING IT IS ALL INCLUSIVE OF THEIR
RECOMMENDATIONS AND ARE USING IT AS A BASIS FOR MAKING A PERMANENT
RECORD ON THE TAX MAPS IN THEIR OFFICE,
72
ATTORNEY COLLINS AGREED THAT IS THE PROPER PROCEDURE.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-81, APPROVING
RELEASE OF SIDE LOT EASEMENTS IN CLEAR VIEW TERRACE, BETWEEN LOTS
15 AND 16, BLOCK 1, AS REQUESTED BY WILLIAM WARE, AND AUTHORIZED THE
SIGNATURE OF THE CHAIRMAN.
AUG 13 1980
73
Boa 44 PnL 288
AUG 13 1980 Boa 44 wi 289
RESOLUTION NO• 80-81
WHEREAS, the Board of County Commissioners of Indian River County,
Florida, have been requested to release the lot line easements on the
East three (3) feet of Lot 15 and the West three (3) feet of Lot 16,
Block 1, Clear View Terrace, according to the Plat of same recorded in
Plat Book 4, page 56, of the Public Records of Indian River County,
Florida; and
WHEREAS, said lot line easements were dedicated on the Plat of
Clear View Terrace for public utility purposes; and
WHEREAS, the request for such release of easement has been
submitted in proper form;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that the .following lot line easements in
Clear View Terrace, shall be released, abandoned and vacated as follows:
The East three (3) feet of Lot 15 and the West three (3) feet
of Lot 16, Block 1, Clear View Terrace, according to the Plat
of the same filed in the Office of the Clerk of the Circuit
Court of Indian River County, Florida, in Plat Book 4, at
page 56.
BE IT FURTHER RESOLVED that the Chairman of the Board of County
Commissioners and the Clerk of the Circuit Court be and they hereby are
authorized and directed to execute a release of said lot line easements
hereinabove referred to in form proper for recording and placing in the
Public Records of Indian River County, Florida.
This 13th day of August , 1980,
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By : t�
Alma Lee Loy, Vice Chfirman
Attest:
Freda Wright, Clerk
_ RELEASE!ENT
This Release of Easement, executed this 13th day of August ,
1930, by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
a political subdivision of the State of Florida, first party; to William and
Delores Ware, whose mailing address is 155 25th Avenue, Vero Beach, Indian
River County, Florida, second party:
WITNESSETH:
That the said party of the first part for and in consideration of the
sum of One Dollar ($1.00) and other good and valuable consideration in hand
paid by the said second party, does hereby remise, release, abandon, and
quit claim unto the said second party forever, all the right, title, interest.
claim and demand which the said first party has in and to the following
described easement, lying on land situate in the County of Indian River
County, State of Florida, to -wit:
Those side lot easements lying between Lots 15 and 16, Block 1,
Clear View Terrace, a subdivision as recorded in Plat Book 4,
page 56, public records of Indian River County, Florida.
TO HAVE AND TO HOLD the same with all and singular the -appurtenances
thereunto belonging or in anywise appertaining and all estate, right, title,
interest, equity and claim whatsoever of the said first party either in law
or equity to the only proper use, benefit and behoof of the said second party
forever. -
IN WITNESS WHEREOF, the said first party has signed and sealed these
presents by the parties so authorized by the law the day and year first
above written.
Signed, sealed and delivered
in the presence of:
AUG 131980
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER, COUNTY, FLORIDA
B
y • nom, �-�-( X
<Z -
W. W. Siebert, Jr., Cha. rman
Alma Lee Loy, Vice Chairman
Attest:
FreTa r1 g t, er
800KI 44 FAGc'Z90
r -
AUG 13 1980
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Boos 44 PAG0l
I HEREBY CERTIFY that on this day before me an officer duly
authorized in the State and County aforesaid to take acknowledgements
personally appeared, ALMA LEE LOY, as Vice 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,
to me known 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 the said political subdivision.
WITNESS my hand and seal in the County and State last aforesaid
this ,�'fday of 1980.
C� ),//. yl- _
Notary Publ' State of Florida t Large
My commissi n expires:
NOTARY PIIaLIC STA -T! Or RnPADA AT iA
(Notary Seal) MY C;':•P;.ISS:'. F°I I" ; l,av } i752
SON71;D TiWj
RELEASE OF EASEMENT HEALTHLAND SUBDIVISION (LONGO) — APPROVED
THE RELEASE OF EASEMENT REQUESTED BY DEAN LONGO IN
HEALTHLAND SUBDIVISION WAS RECOMMENDED BY THE PLANNING DEPARTMENT
AS PER THE FOLLOWING MEMO:
August 5, 1980
MEMO
TO: Jack G. Jennings, County Administrator
FROM: David Marsh, Senior Planner
SUBJECT: Easement Release Request
This request for the release of the 6' public utility and drainage
easement lying between Lots 7 and 8, Block 1, Healthland Subdivision
has been reviewed by the following agencies:
Southern Bell Telephone Company
Utilities Department
Vero Beach Power Company
A written response was not received from Southern Bell; however, a
follow-up indicated that there was no objection to the release.
A field check showed that drainage would be properly handled by front
and rear swales, with utility lines currently being located along the
front swale.
An existing structure was apparently permitted without an easement
release in the past. It would appear that the easement would not be
of any substantial benefit due to drainage and utility conveyances
being located in the 24th Street right-of-way.
At this time the Planning staff would recommend approval.
DIM: Jt
��0/0 Y 8V /�3 o
• 9 - `' _
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-82, APPROVING
RELEASE OF SIDE LOT EASEMENTS BETWEEN LOTS 7 AND S, BLOCK 1, HEALTHLAND
SUBDIVISION, AS REQUESTED BY DEAN LONGO, AND AUTHORIZED THE SIGNATURE
OF THE CHAIRMAN.
77 sooK 44, PAGE'292
AUG 131980
F_
AUG 131980
maU PACE 293
RESOLUTION 1110. 80-82
WHEREAS, the Board of County Commissioners o.f, Indian "kitver'` County,
Florida, have been requested to release the lot line easements on the
south three (3) feet of Lot 7, and the north three (3) feet of Lot 8,
Block 1, Healthland Subdivision, according to the Plat of same re-
corded in Plat Book 4, page 39, of the Public Records of Indian River
County, Florida; and
WHEREAS, said lot line easements were dedicated on the Plat of
Healthland Subdivision for public utility purposes; and
WHEREAS, the request for such release of easement has been
submitted in proper form;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM-
MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following lot
line easements in Healthland Subdivision, shall be released, abandoned,
and vacated as follows:
The south three (3) feet of Lot 7, and the north three (3)
feet of Lot 8, Block 1, Healthland Subdivision, according
to the Plat of the same filed in the office of the Clerk of
the Circuit Court of Indian River County, Florida, in Plat
Book 4, at page 39 .
BE IT FURTHER RESOLVED that the Chairman of the Board of County
Commissioners and the Clerk of the Circuit Court be and they are hereby
authorized and directed to execute a release of said lot line easements
hereinabove referred to in form proper for recording and placing in
the Public Records of Indian River County, Florida.
This 13th day of August , 1980.
c`.
Freda Wright, Cle
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA.
By 1,
Vice Chairman, Alma ee Loy
M
M
RELE_ASE OF EASErlE j iT
This Release of Easement, executed this 13th day o.: August
1980, by the BOARD OF COUNTY COMIMISSIONERS OF INDIA! RIVER COUNTY, FLO-
RIDA, a political subdivision of the State of Florida, first party; to
Dean and Janis Longo and Lousanne Longo, whose mailing address is 2416
44th Avenue, Vero Beach, Indian River County, Florida, second party:
WITNESSETH:
That the said party of the first part for and in consideration of
the sum of One Dollar ($1.00) and other good and valuable considera-
tion in hand paid by the said second party, does hereby remise, release,
abandon, and quit claim unto the said second party forever, all the
right, title, interest, claim and demand which the said first party has
in and to the following described easement, lying on land situate in
the County of Indian River County, State of Florida, to -wit:
Those side lot easements lying between Lots 7 and 8, Block 1,
Healthland Subdivision, page 39, Public Records of Indian
River County, Florida, as recorded in Plat Book 4..
TO HAVE AND TO HOLD the same with all and singular the appurte-
nances thereunto belonging or in anywise appertaining and all estate,
right, title, interest, equity and claim whatsoever of the said first
party either in law or equity to the only proper use, benefit and
behoof of the said second party forever.
IN WITNESS WHEREOF, the said first party has signed and sealed
these presents by the parties so authorized by the law the day and year
first above written.
Signed, sealed and delivered
in the presence of:
AUG 131980
L_`
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, LORIDA.
By
W. W. Siebert Jr. , /Chairman
Alma Lee Loy, Xice Chairman
Attest
Freda Wright, Cle k
' 294
800K � F'AGc
I
AUG 131980
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Roa 44 PAGE 295
I HEREBY CERTIFY that on this day before me an officer duly
authorized in the State and County aforesaid to take acknowledgements
personally appeared, ALMA LEE LOY, as Vice 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,
to me known 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 the said political subdivision.
WITNESS my hand and seal in the County and State last aforesaid
this /3't day of , 1980.
Notary Publi , State o Flori at Large
My commission expires:
NOTARY PUM I C STAT' r" FLS i ; 7:1 AT I -A GE
(Notary Seal) MY COMM ISSir,"! I: 'I;.; r@•; A I;P7
s:-)^rU:D "I<'.J G^r Ir:S. UNDEK1;„ITU-S
DISCUSSION RE CONFERENCE ROOM ON 3RD FLOOR COUNTY ADMINISTRATION BLDG,
COMMISSIONER LYONS STATED THAT WHILE CONSTRUCTION PROJECT
REPRESENTATIVE HERCULES KONTOULAS IS PRESENT HE WOULD LIKE TO BRING
UP THE MATTER OF THE CONFERENCE ROOM ON THE SECOND OR THIRD FLOOR OF
THE COUNTY ADMINISTRATION BUILDING, HE NOTED THAT IT ONLY HAS ONE
DOOR, AND HE FELT IT WOULD BE WISE TO PUT A DOOR IN THE OTHER END OF
THE ROOM ALSO IN CASE WE EVER WANT TO DIVIDE THE CONFERENCE ROOM,
WHICH IS QUITE LARGE, IT COULD BE CHEAPLY DIVIDED BY A SLIDING PARTI-
TION, BUT YOU WOULD HAVE TO HAVE TWO EXITS, AND HE FELT NOW IS THE
TIME TO DO THIS,
MR. KONTOULAS STATED THAT THIS CONFERENCE ROOM IS LOCATED
ON THE THIRD FLOOR BETWEEN THE CREDIT UNION AND THE HOUSING OFFICE,
CHAIRMAN SIEBERT AGREED THAT THIS IS A GOOD SUGGESTION AND
SHOULD BE FOLLOWED UP.
REPORT ON STATUS OF GIFFORD SEWER PLANT
ENGINEER .JOHN ROBBINS OF THE JOINT VENTURE GAVE AN UPDATED
REPORT ON THE GIFFORD SEWAGE TREATMENT PLANT AND INFORMED THE BOARD
THAT THE PRELIMINARY SOIL INVESTIGATION SHOWED ENOUGH VARIATION TO
WARRANT REQUESTING A SOIL SCIENTIST TO COME UP. WHEN THE SOIL SCIEN-
TIST IS AVAILABLE, THEY WILL BE ABLE TO SHOW HIM IMMEDIATELY WHERE TO
DO THE TESTING, HE CONTINUED THAT IN THE MEANTIME, ATTORNEY COLLINS
AND HE WENT TO THE PROPERTY APPRAISERS OFFICE AND CHECKED OUT LANDS
IN THE AREA, AND HE ALSO WENT TO TALLAHASSEE AND UPDATED BILL BOSTWICK
OF THE DER AS TO THE POSSIBILITY OF ACQUIRING AN ALTERNATE SITE,
ATTORNEY COLLINS REPORTED THAT HE AND COMMISSIONER LYONS
MET WITH MR. GLICKMAN AND MR. KLEIN, THE OWNERS OF WHAT WE KNOW AS
THE ALAMEDA RANCH, WHICH CONTAINS THE 40 ACRES WE ARE INTERESTED IN.
THEY EXPRESSED DISAPPROVAL OF THE COUNTY TAKING PART OF THEIR LANDS
FOR THAT PARTICULAR PURPOSE. THEY RECOGNIZED THE COUNTY HAD THE RIGHT.-
BUT
IGHT,
BUT MADE IT CLEAR THEY WILL TAKE EVERY ACTION THEY CAN TO EXTRACT
THE HIGHEST PRICE POSSIBLE. THE ATTORNEY STATED THAT HE AND COMMIS-
SIONER LYONS AGREED IF THERE WERE ANOTHER SITE AVAILABLE, THEY WOULD
AT LEAST HAVE A LOOK AT IT: BASICALLY HOWEVER, THAT RANCH IS SO SUB-
STANTIAL, IT TAKES UP MOST OF THE AREA.
m
AUG 131980
THERE IS ONE 34 ACRE TRACT,
BOOK 44 PAGE 296 ,
AUG 131980
800K -44 wE 297
BUT IT IS LOW AND HAS THE SAME CHARACTERISTICS OF HARDPAN UNDERNEATH
THE SURFACE: THEY WILL CHECK ON THIS, HOWEVER. THE OTHER PIECE
READILY AVAILABLE IS ABOUT 25 ACRES OWNED BY WELLFORD HARDEE. ATTORNEY
COLLINS NOTED THAT IF ADDITIONAL LAND WERE NEEDED, WE COULD CONDEMN
SOME FROM THE ALAMEDA RANCH. MR. HARDEE'S LAND IS ALL ZONED R-1MP,
AND HE HAS INDICATED HE WOULD SELL IT FOR ABOUT $5,000 PER ACRE.
ATTORNEY COLLINS NOTED THAT WHEN BEINDORF & ASSOCIATES MADE A COMPARISON
OF THE RELATIVE COSTS OF MOVING THE PLANT FROM THE PRIOR SITE, THEY
SHOWED AN APPRAISAL FROM FLOYD WILKES OF ABOUT $2,200 AN ACRE. THE
ATTORNEY CONTINUED THAT HE UNDERSTANDS THE OWNERS OF THE ALAMEDA RANCH
PAID ABOUT $3,000 AN ACRE: SO, MR. WILKES' APPRAISAL WAS UNDER WHAT
THEY ACTUALLY PAID. IT, THEREFORE, APPEARS THAT ACQUISITION COSTS
ARE GOING TO BE SUBSTANTIALLY GREATER THAN WE ORIGINALLY THOUGHT.
THE ATTORNEY NOTED THAT THE PRICE OF $5,000 PER ACRE IS JUSTIFIED BY
THE ZONING AND INFORMED THE BOARD THAT IT MAY BE BETTER LAND SINCE
IT IS BEGINNING TO BE ON THE RIDGE AND THERE MAY BE BETTER PERCOLATION.
COMMISSIONER LYONS FELT POSSIBLY IT COULD BE EQUIVALENT TO
MORE ACREAGE FROM THE OTHER SITE IN TERMS OF PERCOLATION.
ATTORNEY COLLINS REPORTED THAT THE OTHER PROPERTY IN THE
AREA IS ALL IN SMALL PIECES AND IT WOULD NOT BE PRACTICAL TO TRY TO
ACQUIRE IT. HE NOTED THAT BUD JENKINS OWNS PROPERTY BY THE RACETRACK
NEAR GIFFORD, WHICH IN SPITE OF THE MINING DONE ON THIS PROPERTY,
PROBABLY WOULD HAVE A BETTER ELEVATION, BUT IT IS SUBSTANTIALLY FURTHER
AWAY.
CHAIRMAN SIEBERT INQUIRED. IF ANY PROBLEM WOULD ARISE IF
WELLFORD HARDEE WERE TO BE ELECTED PROPERTY APPRAISER, AND ATTORNEY
COLLINS DID NOT FEEL THIS WOULD HAVE MUCH BEARING ON HIS SELLING A
PIECE OF PROPERTY TO THE COUNTY IF HE HAS THE BEST PROPERTY FOR THE
PURPOSE.
ASSISTANT ADMINISTRATOR NELSON QUESTIONED WHETHER WE HAVE
TO GET RID OF THE EFFLUENT BY THE SPRAY METHOD OR WHETHER WE COULD
HAVE A POLISHING POND AND BE ALL RIGHT IN OUR OLD AREA. HE POINTED
OUT THE ATTORNEY SHERMAN SMITH HAD RAISED OBJECTIONS MAINLY RELATED
TO THE SPRAYING OF THE EFFLUENT AND FURTHER NOTED THAT IF WE DIDNIT
SPRAY THE EFFLUENT, WE WOULDN'T NEED AS MUCH LAND.
ENGINEER ROBBINS AGREED THAT THEY WERE CONSIDERING POLISHING
PONDS IF THE SOIL SHOULD BE SUITABLE.
COMMISSIONER WODTKE COMMENTED THAT HOPEFULLY OUR PLANT WILL
BE ELIMINATED WITHIN FOUR OR FIVE YEARS WITH THE 201 PLAN.
COMMISSIONER LYONS QUESTIONED HOW MUCH LAND WE WOULD NEED
FOR A POLISHING POND INSTEAD OF THE SPRAY METHOD, AND ENGINEER ROBBINS
STATED THAT THE PONDS THEMSELVES WOULD PROBABLY TAKE FOUR OR FIVE
ACRES, BUT HE WOULD LIKE TO RUN THE NUMBERS OUT ON THE SOILS.
COMMISSIONER LYONS POINTED OUT THAT THIS POSSIBILITY CREATES
ANOTHER VARIABLE SINCE WE MIGHT ONLY NEED TEN ACRES. HE NOTED THAT
IF WE CAN GET MORE SUITABLE SOIL AND DECREASE THE SIZE OF THE PLOT, IT
MIGHT PAY TO RUN THE LINE FURTHER.
ATTORNEY COLLINS INFORMED THE BOARD THAT THERE IS AN EXISTING
WELLFIELD ON THE HARDEE PROPERTY AND THIS WOULD HAVE TO BE CONSIDERED
BECAUSE MR. HARDEE WOULD NOT WANT TO PAY THE CONNECTION CHARGE FOR WATER
COMMISSIONER LYONS SUGGESTED THAT POSSIBLY THE COUNTY COULD
PAY THE CONNECTION CHARGE, AND THE ATTORNEY AGREED THAT IS A VARIABLE
WE CAN PURSUE. HE FELT WE MAINLY SEEM TO BE HELD UP ON GETTING OUR
SOIL SAMPLES. HE ASKED MR. ROBBINS IF SOIL CONSERVATION CAN DO THIS
OR WHETHER WE SHOULD ASK SOME FIRM TO COME IN AND DO IT.
ENGINEER ROBBINS EXPLAINED THE PROBLEM IS THAT THE SOIL
CONSERVATION OFFICE HAS TO MAKE THE OFFICIAL REQUEST, AND HE BELIEVED
THERE ARE ONLY TWO SOIL SCIENTISTS TO COVER A VERY LARGE AREA. HE
NOTED THAT THE DER HAS REQUESTED THAT WE SUPPLY A LITTLE MORE DETAILED
SOIL INFORMATION NEXT TIME, AND HE FELT WE MAY WANT TO CONSIDER GET—
TING AN OUTSIDE FIRM TO RUN SOME HOLES IN RANDOM LOCATIONS AND GET
THIS DONE MORE QUICKLY.
ATTORNEY COLLINS STATED THAT HE WOULD RECOMMEND THAT WE
DO CONTACT AN OUTSIDE FIRM BECAUSE WE DON T SEEM TO BE MAKING ANY
HEADWAY WITH THE SOIL CONSERVATION PEOPLE AND STILL DONT HAVE A
DEFINITE COMMITMENT AS TO WHEN THEY ARE GOING TO BE HERE.
COMMISSIONER LYONS AGREED THAT THIS SHOULD BE BROUGHT TO
A HEAD. HE FELT POSSIBLY WE HAD.BEEN TOO EXPLICIT IN OUR PREVIOUS
INSTRUCTIONS TO THE ENGINEERS AND NOTED THAT WHAT WE ACTUALLY ARE
LOOKING FOR IS SOME PLACE TO GET RID OF THE EFFLUENT AS ECONOMICALLY
Le"NA
AUG 131980
BOOK 44 Fmut 2 , '
AUG 13 1980
AS POSSIBLE.
Boa 44 phtE 299
IF WE DON'T ABSOLUTELY NEED 40 ACRES, HE CERTAINLY DID
NOT WANT TO BUY THAT AMOUNT.
ENGINEER ROBBINS CONTINUED TO DISCUSS GETTING A SOILS FIRM.-
GETTING
IRM,
GETTING PERMISSION FROM LANDOWNERS TO MAKE TESTS, AND DETERMINING
WHETHER POLISHING PONDS OR SPRAY WILL WORK IN THE AREA. HE ESTIMATED
THE SOILS WORK WOULD COST FROM $3,000 TO $5,000, BUT POINTED OUT THIS
WOULD SUPPLY THE INFORMATION NEEDED FOR SUBMISSION OF THE APPLICATION
AS WELL. HE NOTED THAT THE REASON THEY REQUESTED THE SOIL CONSERVA—
TION SCIENTIST WAS TO SAVE MONEY AS THE SERVICE IS FREE TO A PUBLIC
AGENCY.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY INSTRUCTED COMMISSIONER LYONS TO CONTACT
THE SOIL CONSERVATION PEOPLE ONCE AGAIN, AND IN THE EVENT ARRANGE—
MENTS CAN'T BE MADE FOR THEM TO GET HERE RELATIVELY SOON, AUTHORIZED
COMMISSIONER LYONS AND ENGINEER ROBBINS TO GET PROPOSALS ON THE SOIL
WORK.
ATTORNEY COLLINS STATED THAT HE WILL CONTINUE TO TRY AND PIN
DOWN PROPERTIES THAT MIGHT BE AVAILABLE.
REPORT ON APPLICATION FOR EXEMPTION TO DISCHARGE EFFLUENT INTO
IMPOUNDMENTS UNDER 201 PLAN
ATTORNEY COLLINS REPORTED THAT HE AND JOHN ROBBINS TRAVELED
s
TO TALLAHASSEE RE THE 201 PROGRAM AND OUR APPLICATION FOR AN EXEMPTION
TO DISCHARGE THE SECONDARY TREATED EFFLUENT INTO THE MOSQUITO MANGROVE
IMPOUNDMENTS BEFORE GOING INTO THE RIVER. THE DER HAS A VERY INTER—
ESTING CONCEPT — THEY WILL PERMIT US TO DISCHARGE THE EFFLUENT DIRECTLY
INTO THE RIVER WHERE THEY SAY THE RIVER WILL ASSIMILATE IT, BUT THEY
WON'T PERMIT IT TO GO INTO A MANGROVE AREA BECAUSE THEY DON'T KNOW IF
THE MANGROVE AREA IS CAPABLE OF ACCEPTING WHAT WE WOULD DISCHARGE INTO
THE RIVER. ATTORNEY COLLINS STILL COULD NOT QUITE RATIONALIZE THIS
APPROACH, BUT NOTED THAT THEY SUGGESTED WE FILE FOR AN EXEMPTION.
THE ATTORNEY CONTINUED THAT HE AND ENGINEER ROBBINS MET WITH SIX OR
EIGHT PEOPLE ALL OF WHOM HAD SOME INVOLVEMENT, AND WHAT THEY TRIED
TO AVOID WAS THE DER REQUIRING US TO COME UP WITH A PILOT PROGRAM
PRIOR TO ISSUING AN EXEMPTION. HE BELIEVED THEY HAVE AGREED THAT
— ® 84 r
F-]
THEY WILL ACCEPT WHATEVER DATA WE CAN PRESENT TO THEM, INCLUDING
WHATEVER IS AVAILABLE FROM THE FISH AND GAME COMMISSION, THE VISTA
ROYALE PROJECT, AND WHATEVER WE CAN GET FROM HARBOR BRANCH FOUNDATION.
IF WE CAN GET EXEMPTION, EVEN SUBJECT TO OTHER THINGS, WE THEN CAN GO
TO THE ENVIRONMENTAL PROTECTION AGENCY AND REQUEST FEDERAL FUNDS TO
IMPLEMENT THE 201 PLAN. ONE OF THE THINGS DISCUSSED WAS THAT THE
DER HAD ASSUMED THAT VISTA ROYALE WAS DISCHARGING INTO A HOLDING POND
THAT WAS PERCOLATING INTO THE MOSQUITO CONTROL IMPOUNDMENT, BUT APPAR-
ENTLEY THEY ARE DISCHARGING DIRECTLY INTO THE IMPOUNDMENT AND THAT IS
THE INFORMATION WE NEED. JOHN ROBBINS, WITHIN THE NEXT TWO WEEKS IS
TO GATHER AS MUCH DATA AS HE CAN, AND HE WILL BE ON THE AGENDA OF
AUGUST 27TH WITH THIS DATA. ATTORNEY COLLINS NOTED THAT THIS MATTER
PROBABLY EXCEEDS THE CONTRACT WE HAVE WITH SVERDRUP & PARCEL ON THE
201 PROGRAM, AND HE FELT THAT MR. ROBBINS WILL BRING BACK A PROPOSAL
FOR THE WORK THEY ARE GOING TO DO. HE WILL COMPILE THE DATA AND
DELIVER IT TO OUR ATTORNEYS IN TALLAHASSEE. THEY, -IN TURN, WILL
PETITION THE DER FOR THE EXEMPTION.
MR. ROBBINS COMMENTED THAT THE CRUX OF THE WHOLE MATTER IS
WHETHER THE INFORMATION FROM THE VISTA ROYALE PROJECT CAN BE USED AS
THE MODEL FOR THE COUNTY. HE INFORMED THE BOARD THAT WE HAVE SOME
PRECEDENT IN OUR APPLICATION BECAUSE APALACHICOLA COUNTY JUST RECEIVED
A SIMILAR EXEMPTION FOR CONDITIONS THAT ARE COMPARABLE, IF NOT THE
SAME, AND APPARENTLY THE APPLICATION WAS ACCEPTED WITH A BROAD BRUSH.
DISCUSSION ON 201 PLAN IN RELATION TO INDIAN RIVER SHORES
CHAIRMAN SIEBERT ASKED JOHN ROBBINS WHAT WOULD HAPPEN IF
WE CAME TO A COMPLETE STALEMATE WITH INDIAN RIVER SHORES ABOUT AGREE-
MENT ON THE 201 PLAN AND WONDERED HOW LONG WE SHOULD GO ON TRYING
TO REACH AN AGREEMENT.
ENGINEER ROBBINS STATED THAT HE DOES NOT HAVE A SPECIFIC
ANSWER YET: HIS IMPRESSION IS THAT THERE IS A POSSIBILITY OF DELETING
CERTAIN AREAS FROM THE PLANNING AREA. HE COMMENTED THAT IN REGARD TO
THE TOWN COMING BACK SOME OTHER TIME AND REQUESTING FEDERAL FUNDS,
THEY LOOK AT A PLANNING AREA AND DIRECT THEIR FUNDS TO THE PLANNING
AREA, BUT THERE ARE SOME STICKY WICKETS INVOLVED IN DELETING AREAS
FROM A PLANNING AREA.
85 BOOK 44 PAGE.300
AUG 131980
AUG 131980
800K 44 PAGE 301
COMMISSIONER LYONS DID NOT FEEL THAT IS GOING TO HAPPEN AND
WAS STILL HOPEFUL WE WILL GET AN AGREEMENT. HE BELIEVED IF WE CAN
GET THE AGREEMENT FOR SERVICE AND CONNECTION THAT WE HAVE IN MIND, THE
REST OF IT WILL UNFOLD.
MR. ROBBINS CONTINUED THAT HE HAS CHECKED THE FIGURES IN THE
PROPOSED AGREEMENT AND HAS GONE OVER THEM WITH UTILITY DIRECTOR LINER.
THE NUMBERS THEY CAME UP WITH WERE SLIGHTLY DIFFERENT THAN THOSE OF
CITY COUNCILMAN DAVID GREGG. MR. ROBBINS NOTED THAT THERE WAS SOME
DISCUSSION ABOUT THE ALLOCATION TO BE GIVEN TO INDIAN RIVER SHORES
POSSIBLY NOT BEING LARGE ENOUGH.
COMMISSIONER LYONS ASKED IF THIS MEANT THE ESTIMATES HE HAD
DONE ON USAGE WERE OFF BY SOME SUBSTANTIAL AMOUNT, AND ENGINEER ROBBINS
STATED THEY WERE NOT. HE EXPLAINED THAT HIS BASIS FOR GENERATING
NUMBERS WAS THE ACTUAL DATA COLLECTED FOR PEBBLE BAY SEWAGE TREATMENT
PLANT, PLUS USING THE CITY OF VERO BEACH DESIGN STANDARDS FOR WASTE
WATER, WHICH ARE 150 GALLONS PER CAPITA VERSUS WHAT MR. GREGG HAD IN
HIS FIGURES OF 100 GALLONS. THE ALLOCATION THAT WAS LISTED IN THE
AGREEMENT WAS 200,000 TOTAL, AND THE NUMBER MR. ROBBINS CAME UP WITH
is 301,000.
-COMMISSIONER LYONS CONTINUED TO REVIEW FIGURES AND WISHED TO
COMPARE THEM TO HIS MEMO ON THE BASIS FOR USAGE IN THE AREA. HE NOTED
THAT HE HAD UTILITY DIRECTOR LINER AND PLANNING DIRECTOR REVER CHECK
WHAT THEY CONSIDERED THE USAGE FOR 6TH AVENUE, WHICH IS REALLY THE BIG
VARIABLE, AND IT CAME OUT VERY CLOSE TO THE NUMBER IN HIS MEMO. HE
ASKED IF MR. ROBBINS CHANGED THAT NUMBER, AND MR. ROBBINS STATED HE HAD
NOT. COMMISSIONER LYONS FELT THEN THAT THE ONLY QUESTION MR. ROBBINS
HAS IS THE USAGE FOR INDIAN RIVER SHORES IN THE PROPOSED AGREEMENT.
MR. ROBBINS COMMENTED THAT HE ALSO ADDRESSED THE COUNTY'S
ENCLAVE AREA, AND COMMISSIONER LYONS STATED THAT HE DID NOT ADDRESS
THOSE THINGS IN HIS MEMO EXCEPT FROM THE STANDPOINT OF WHAT WE HAD
ALREADY ALLOCATED, BUT APPARENTLY THE BASE W START AT IS ALL RIGHT.
MR. ROBBINS AGREED.
DISCUSSION RE AGREEMENTS WITH CITY OF VERO BEACH ON SOUTH BEACH DATER
AND MID FLORIDA UTILITIES AREA
ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAD PREPARED
TWO AGREEMENTS - ONE ON SOUTH BEACH WATER AND ONE ON' MID FLORIDA
UTILITIES - AND SENT THEM TO THE CITY OF VERO BEACH. APPARENTLY BOTH
AGREEMENTS HAVE RECEIVED INITIALLY A POSITIVE APPROACH, AND HE BE-
LIEVED THE MID FLORIDA AGREEMENT WILL BE ON THE NEXT CITY AGENDA.
THE ATTORNEY EXPLAINED THAT THE MID FLORIDA AGREEMENT IS AIMED AT
REDUCING THE RATES CHARGED IN THAT AREA AND INCREASING THE WATER ALLO-
CATION FOR A CERTAIN PERIOD. HE CONTINUED THAT THE CITY IS REQUESTING
THAT THE COUNTY AGREE TO PAY ON THE WHOLESALE RATE, AS WE DO IN GIFFORD,
PLUS 20% RATHER THAN -10%. HE DID NOT KNOW WHAT THE EFFECT OF THAT
IS AND WOULD LIKE THE BOARD TO INSTRUCT JOHN ROBBINS TO DO SOME COMPU-
TATION TO DETERMINE WHETHER THE EFFECT WILL BE SIGNIFICANT OR NOT.
HE POINTED OUT THAT THE CITY, IN TURN, IS AGREEING TO REDUCE THE RATE
THEY ARE CHARGING THE MID FLORIDA AREA AND TO SUPPLY US ADDITIONAL
WATER DURING A SHORT TERM.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED ENGINEER JOHN ROBBINS TO ANALYZE
THE OFFER MADE BY THE CITY OF VERO BEACH RELATING TO WATER FOR THE
MID FLORIDA UTILITIES AREA.
COMMISSIONER LYONS COMMENTED THAT ONE WAY OR ANOTHER WE
HAVE GOT TO FIND A WAY TO PUT SOME MONEY INTO THE AREA SOUTH OF THE
MOORINGS PREPARATORY TO SOME KIND OF ARRANGEMENT BEING MADE TO RUN
WATER DOWN THERE.
ATTORNEY COLLINS STATED THAT HE WAS REALLY HOPEFUL THAT WE
WILL GET WATER TO THE SOUTH BEACH IN A VERY SHORT PERIOD OF TIME.
HE WAS OF THE OPINION THAT IT IS IDEALLY SITUATED FOR FUNDING THROUGH
A MUNICIPAL SERVICE DISTRICT AND THAT DISTRICT IS SET UP ALREADY,
HE INFORMED THE BOARD THAT ENGINEER ROBBINS HAS PREPARED A REPORT
ON THE COSTS FOR VARIOUS SIZE LINES. THE ATTORNEY CONTINUED THAT HE
DID NOT FEEL WE HAVE TO BUILD THE ENTIRE LINE ALL THE WAY IN A YEAR,
ESPECIALLY SINCE THE IMMEDIATE NEED IS IN A RELATIVELY CONFINED AREA,
HE SUGGESTED THAT IT WOULD BE APPROPRIATE TO FUND THE DISTRICT FOR
AM AMOUNT TO PROVIDE THE WATER TO THE 27 CUSTOMERS NORTH OF ROUND
87 ma 44`°SAGE 302
AUG 131980
AUG 131980
BOOK 44 PAGf Wa
ISLAND. HE NOTED THAT HE HAS TALKED TO THE PROPERTY APPRAISER S
OFFICE, AND THEY HAVE THE SPACE ON THEIR FORM TO PUT IN THE DISTRICT
AND THE TAX AMOUNT FOR EACH PARCEL.
COMMISSIONER WODTKE DID NOT FEEL THE MILLAGE IS ENOUGH TO
EVEN TOUCH WHAT WILL BE NEEDED, AND ATTORNEY COLLINS DID NOT KNOW
WHAT 3 MILLS WOULD BRING IN, BUT NOTED THAT THERE IS A LOT OF RIVER -
FRONT PROPERTY, HE ASKED ENGINEER ROBBINS TO REVIEW THE COST TO
RUN TO ROUND ISLAND,
MR. ROBBINS REPORTED THAT THE COST FOR 12" LINE RUNS ABOUT
$25.00 A FOOT RIGHT NOW: FOR A 10" LINE, IT IS ABOUT $22.00 PER FOOT:
AND FOR AN 8" LINE, IT IS $16.00-$17.00 PER FOOT.
CHAIRMAN SIEBERT NOTED THAT HE WOULD LIKE TO SEE THIS CLEARED
WITH THE PROPERTY APPRAISER BEFORE WE VOTE.
COMMISSIONER LYONS POINTED OUT THAT UNLESS WE GET STARTED
OR BEGIN TO FUND THE DISTRICT, NOTHING EVER IS GOING TO HAPPEN,
ATTORNEY COLLINS SUGGESTED THAT THE BOARD DIRECT MR. ROBBINS
TO GIVE THEM A GENERAL COST ESTIMATE TO GET A LINE DOWN TO ROUND
ISLAND. HE DID NOT FEEL IT WOULD TAKE MR. ROBBINS LONG TO PREPARE THIS.
COMMISSIONER WODTKE NOTED THAT WE WILL HAVE TO FIND OUT
FROM THE PROPERTY APPRAISER WHAT VALUATION WE HAVE DOWN THERE TO SEE
WHAT THE 3 MILLS WOULD BRING. HE STATED THAT HE WOULD HAVE NO PROBLEM
ASKING THE PROPERTY APPRAISER TO DO THIS IF WE CAN MEET THE DEADLINE
AND FIGURE THE DOLLARS WE NEED, HOPEFULLY WITHIN THE MILLAGE CAP.
CHAIRMAN SIEBERT REQUESTED THE ATTORNEY TO CHECK WITH THE
PROPERTY APPRAISER.
.JOHN ROBBINS ASKED IF THE BOARD WISHED HIM TO PUT TOGETHER
A COST ESTIMATE TO GET POTABLE WATER TO THE DISTRICT SOUTH OF THE
MOORINGS INCLUDING CAPACITY FOR FIRE FLOW.
IT WAS AGREED SUCH AN ESTIMATE WAS DESIRED, AND COMMISSIONER
LYONS REQUESTED THAT HE BREAK IT INTO PIECES - A FIGURE TO ROUND ISLAND
AND ONE FOR WHAT WOULD BE REQUIRED TO SERVE MAINLY JUST THE PEOPLE
IMMEDIATELY SOUTH OF THE MOORINGS. HE NOTED THE SIZE OF THE LINE ALSO
IS A QUESTION.
wo
a � �
MR. ROBBINS STATED THAT HIS ORIGINAL CALCULATION WAS BASED
ON A 12" LINE FOR FIRE FLOW PLUS THE MASTER PLAN WATER REQUIREMENTS
FOR THAT AREA. HE STATED THAT HE WOULD DO AN ESTIMATE TO BE READY BY
TOMORROW MORNING AND BREAK IT INTO PHASES AS TO URGENCY FOR SERVICE.
DISCUSSION RE RECOMMENDED PAY RANGE INCREASE — APPROVED
ASSISTANT ADMINISTRATOR NELSON CAME BEFORE THE BOARD TO
DISCUSS THE FOLLOWING MEMOS IN REGARD TO INCREASE OF PAY RANGES;
MEMORANDUM
TO: Neil A. Nelson, Asst. County Administrator
FROM: Robert Donlon, Personnel Director
August 8, 1980
Following the Board of County Commission's recommendation that
employees be granted an %% cost of living increase and an average merit increase
of 23-0, these figures were used for budget purposes. It was our understanding
that the cost of living increase would apply to all employees regardless of their
present pay status. Upon review of the Cody Report it would appear that only those
employees within the pay ranges would be eligible for an increase in compensation.'
Following the guidelines set up in this report, an adjustment in
pay levels should be made due to the large increase in cost of living this year.
Therefore, it is my recommendation that pay ranges be expanded to include the 81-2%
cost of living increase.
Any employee who has reached a level equal to or above this new
maximum would not be eligible for an increase of compensation at this time.
R. D.
01
soon pA�E.304
AUG 131980
AUG 13 1980
600K 4 4 `'AGE 3Q5
MEMORANDUM August 11, 1980
TO: Board of County Commissioners
FROM: Assistant County Administrator
SUBJECT: Pay Range Increase
Enclosed is Personnel Director's memo of August 8,
1980.
The Personnel Director has recommended that the pay
range be increased to reflect an 8.5% cost of living increase
authorized by the Board. His request conforms with the
County's adopted pay policy.
It is therefore requested that all pay ranges be
increased by 8.5%.
Neil A. Nelson, Assistant County Adm.
MR. NELSON COMMENTED THAT THERE ARE SOME PEOPLE AT THE TOP
OF THEIR PAY RANGE, AND WHENEVER THE BOARD GRANTS A COST -OF -LIVING
INCREASE, THE CODY STUDY CALLS FOR INCREASING THE PAY RANGES. HE
NOTED THAT ANYONE STILL AT THE TOP OF THEIR RANGE AFTER THE 8.5% IN-
CREASE WOULD NOT RECEIVE ANY INCREASE IN SALARY.
COMMISSIONER WODTKE ASKED IF THIS MEANS IT WILL CHANGE THE
UPPER LEVEL OR THE LOWER LEVELS, AND MR. NELSON STATED IT IS THE
ENTIRE PAY RANGE.
COMMISSIONER LOY NOTED THAT THIS BRINGS UP THE STARTING
SALARIES AND KEEPS US IN COMPETITION IN THE JOB MARKET, AND CHAIRMAN
SIEBERT FELT THIS IS EXACTLY AS THE CODY STUDY RECOMMENDED.
COMMISSIONER WODTKE NOTED THAT AFTER A PERIOD OF TIME, YOU
WILL GET YOUR PAY RANGES FURTHER AND FURTHER APART, AND HE FELT IT IS
A DANGEROUS THING TO DO A PERCENTAGE ACROSS THE BOARD: YOU NEED TO
LOOK AT THE DOLLARS.
CHAIRMAN SIEBERT POINTED OUT THAT THE RANGES WILL NOT CONTINUE
TO GET FURTHER APART BECAUSE YOU WILL BE DOING A WHOLE OTHER RANGE
SURVEY,
COMMISSIONER LYONS DID NOT FEEL WE CONTEMPLATED,BECAUSE WE
HAD AN ACROSS-THE-BOARD INCREASE WE WERE GOING TO CHANGE THE RANGES.
J
=90
CHAIRMAN SIEBERT STATED THAT IF YOU READ THE CODY STUDY, THAT
IS EXACTLY WHAT IT SAYS YOU DO. COMMISSIONER LAY AGREED.
COMMISSIONER WODTKE AND LYONS BOTH WERE OF THE OPINION
THAT THE SITUATION WAS CONFUSED, BUT COMMISSIONER LYONS FELT IF THIS
IS WHAT THE REPORT SAYS, WE SHOULD DO IT AND THEN LOOK AT IT AGAIN
NEXT YEAR. HE AGREED WITH COMMISSIONER WODTKE THAT IT DOES SPREAD
THE GRADES MORE THAN THEY SHOULD BE SPREAD.
ASSISTANT ADMINISTRATOR NELSON COMMENTED THAT THIS IS WHY
YOU LOOK AT THE ENTIRE PICTURE PERIODICALLY AND BRING IT BACK INTO
FOCUS.
CHAIRMAN SIEBERT STATED THAT YOU ARE SUPPOSED TO MONITOR
INFLATION AND MAKE RECOMMENDATIONS ABOUT PAY RANGES AND THEN DO A
COMPLETE SURVERY EVERY SO MANY YEARS.
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS-
SIONER Loy, TO ACCEPT THE RECOMMENDATION TO INCREASE ALL PAY RANGES
BY 8.5% ON THE BASIS THAT IT IS CONSISTENT WITH THE-CODY REPORT.
COMMISSIONER LYONS STATED THAT HE FELT KIND OF SQUEAMISH
ABOUT THIS MATTER - HE NOTED THAT WE HAVE GOT A PLAN AND SHOULD FOLLOW
IT, BUT HE WOULD LIKE US TO START LOOKING AROUND AND POSSIBLY FIND
SOMEONE ELSE TO HELP US ADMINISTER. THIS PLAN BECAUSE HE WAS NOT TOO
HAPPY ABOUT THIS GROUP'S ADMINISTRATION OF THE PLAN. UNTIL WE CHANGE,
HOWEVER, HE FELT WE SHOULD LIVE WITH IT THOUGH HE DOES NOT FEEL IT
IS AS TIGHT AS IT SHOULD BE,
MR. NELSON STATED THAT HE HAS TAKEN STEPS IN THAT REGARD,
AND THIS IS THE FIRST MOVE TO TRY TO STRAIGHTEN IT OUT.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
CITY OF SEBASTIAN REQUESTS CONTAINER SUPPORT FOR DEBRIS - APPROVED
ASSISTANT ADMINISTRATOR NELSON REPORTED THAT THE CITY OF
SEBASTIAN IS CLEARING SOME PROPERTY WITHIN THEIR CITY LIMITS AND RE-
QUESTS THAT THE COUNTY CONTINUE TO SUPPLY A CONTAINER FOR THIS DEBRIS
UNTIL SUCH TIME AS THEY CAN OBTAIN A BURNING PERMIT FROM THE DER,
THEY WILL PAY THE LANDFILL CHARGES PLUS $1.00 PER TON FOR HANDLING.
MR. NELSON STATED THAT THIS MATERIAL WILL BE TRANSPORTED TO THE
SANITARY LANDFILL AND PUT IN THE AIR CURTAIN DESTRUCTOR. IT WILL
91 BOOK 44 F,t;;E;30 6
AUG 131980 J
r
AUG 131980
BOOK 44 mi-JE30T
COST $8.00 PER TON - $7.00 NORMAL CHARGE PLUS $1.00 HANDLING. HE
FELT WE CAN DO THIS ON A LIMITED BASIS FOR THE CITY OF SEBASTIAN AND
BELIEVED THEY WILL EITHER COMPLETE THE PROJECT SHORTLY OR THE DER
WILL LET THEM BURN THE DEBRIS. (- .$
COMMISSIONER DEESON CONFIRMED THAT THE DEBRIS IS MOSTLY
UNDERBRUSH AND SMALLER TREES.
DISCUSSION CONTINUED ON HOW THE PROCESS WOULD BE CARRIED
OUT, AND MR. NELSON EXPLAINED THAT THIS WOULD BE USED IN CONJUNCTION
WITH THE ROSELAND STATION. OUR TRUCK WOULD SPOT THE CONTAINER WHERE
THE CITY WANTS IT AND PICK IT UP THE NEXT DAY. WE ONLY HAVE ONE
PICKUP A DAY.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO COMPLY WITH
THE REQUEST MADE BY THE CITY OF SEBASTIAN AND PROVIDE THE CONTAINER
AND ONCE A DAY PICKUP AT THE CHARGES SET OUT ABOVE.
AUTHORIZATION FOR PUBLIC HEARING ON PROPOSED MINING ORDINANCE -APPROVED
ATTORNEY COLLINS REPORTED THAT THE BOARD PREVIOUSLY AUTHOR-
IZED SETTING UP A COMMITTEE TO DRAFT A PROPOSED MINING ORDINANCE.
THE COMMITTEE HAS DONE THIS, AND IT HAS GONE THROUGH THE ZONING COM-
MISSION AND NOW HAS MOVED UP TO THE BOARD OF COUNTY COMMISSIONERS LEVEL.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE A
PUBLIC HEARING ON THE PROPOSED MINING ORDINANCE.
ADJUSTMENT ON ANSIN SALE TO COUNTY - APPROVED
ATTORNEY COLLINS EXPLAINED THAT OUR CONTRACT WITH MR. ANSIN
FOR PROPERTY FOR THE SOUTH COUNTY WATER DISTRICT FACILITIES SET OUT
THAT WE WOULD PAY A NET $5,000 PER ACRE. HE STATED THAT HE HAD
FELT BECAUSE THE COUNTY WAS INVOLVED, WE COULD AVOID PAYING THE
REVENUE STAMPS, BUT BECAUSE MR. ANSIN IS -A PRIVATE SELLER, A CHARGE
WAS MADE FOR THE DOCUMENTARY STAMPS AND $804.80 WAS DEDUCTED FROM
THE TRANSACTION. MR. ANSIN HAS WRITTEN COMPLAINING THAT HE HAS BEEN
SHORTED THIS AMOUNT. ATTORNEY COLLINS CONTINUED THAT BECAUSE OUR
ARRANGEMENT WITH MR, ANSIN WAS ON THE BASIS OF A NET FIGURE, HE
FELT HE SHOULD BE PAID THE AMOUNT DEDUCTED.
� � r
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE FINANCE OFFICER TO PAY
MR. ANSIN $804.80 FOR THE REASONS SET OUT ABOVE.
EMERGENCY ORDINANCE 80-34 CREATING A GENERAL SERVICE MUNICIPAL SERVICE
TAXING UNIT
ATTORNEY COLLINS REPORTED THAT HE HAS PREPARED AN EMERGENCY
ORDINANCE CREATING A MUNICIPAL SERVICE TAXING UNIT FOR ROADS WITHIN
THE COUNTY. THIS IS UNDER THE AUTHORITY OF 125.01 (1) (Q) FLA. STAT.
HE RECOMMENDED THAT THE MUNICIPAL SERVICE DISTRICT BE ESTABLISHED
ON AN EMERGENCY BASIS.
CONSULTANT RICHARD KELTON INFORMED THE BOARD THAT PART OF THE
DISCUSSION HE HAD WITH FINANCE OFFICER BARTON DEALT WITH HOW THE MUNI-
CIPAL SERVICE UNIT THAT CURRENTLY EXISTS WAS HANDLED IN THE CURRENT
BUDGET. ONE OF THE THINGS MR. BARTON POINTED OUT WAS THAT WE NEVER
CREATED THE GENERAL MUNICIPAL SERVICE TAXING UNIT FOR THE UNINCOR-
PORATED AREA. WITHIN THE UNINCORPORATED AREA REVENUES, THE EXPENDI-
TURES WE PUT INTO THAT BUDGET LAST YEAR INCLUDED RECREATION, BUILDING
INSPECTION, GREEN CAN, AND A COUPLE OTHER SUCH ITEMS. THEN WE HAVE
THE FIRE MUNICIPAL SERVICE TAXING UNIT WHICH SPECIFICALLY AUTHORIZED
A TAX LEVY; TAXES WERE LEVIED FOR THAT PURPOSE AND COLLECTED, AND
ALL OF THAT MONEY WAS HANDLED AND CO -MINGLED AS ONE FUND. MR, KELTON
SUGGESTED THAT THAT MSTU PROBABLY SHOULD BE MUCH BROADER IN SCOPE
SO THAT ALL OF THOSE SERVICES WOULD BE PERMISSIBLE, ALL OF THOSE
REVENUES WOULD GO IN, AND THE FINANCE OFFICER WOULD HAVE ONE FUND
TO DEAL WITH THE ENTIRE UNINCORPORATED AREA. AT THE END OF THE YEAR,
HE THEN WOULD NOT BE LEFT WITH THE POSSIBILITY OF A RESTRICTED FUND
BALANCE WHERE TAXES LEVIED FOR A SPECIFIC PURPOSE WOULD HAVE TO BE
IDENTIFIED FOR THAT PURPOSE IF THEY WEREN'T EXPENDED. MR. KELTON
CONTINUED THAT WHAT HE WOULD SUGGEST IS THAT RATHER THAN MAKE THIS
UNIT SPECIFICALLY A ROAD & BRIDGE MSTU, THAT IT BE A GENERAL SERVICE
MSTU; ENUMERATE SOME OF THE OTHER FUNCTIONS THAT YOU ALREADY HAVE
FUNDED FROM THE UNINCORPORATED AREA AND ADD SOME LANGUAGE THAT WOULD
SAY 11INCLUDINGBUT NOT LIMITED TO THE FOLLOWING SERVICES. 11 YOU
WOULD INCLUDE YOUR ROAD & BRIDGE, RECREATION, GREEN CAN, BUILDING,
PLANNING AND ZONING, ETC. HE FELT WE SHOULD LIST PROBABLY FOUR OR
FIVE OF THE MAJOR ACCOUNTS AND INCLUDE THAT LANGUAGE,
BOOK
AUG 131980 93
4 PAGE 338
'
AUG 13190
aoa 44 PAE399
ATTORNEY COLLINS NOTED THAT HE DID NOT KNOW THAT THE
STATUTES SPECIFICALLY MENTION PLANNING & ZONING THOUGH THEY TALK
ABOUT CENTRAL SERVICE.
MR. KELTON POINTED OUT THAT WE ARE ALREADY DOING IT, AND
HE FELT THE COUNTY HAS THE AUTHORITY TO PROVIDE ANY MUNICIPAL SERVICE
UNDER THE MSTU.
ATTORNEY COLLINS ASKED IF HE FELT THAT PLANNING, & ZONING
IS AN ESSENTIAL SERVICE, AND MR. KELTON STATED THAT IT IS UNDER THE
LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT, AND THE COUNTY HAS TO
HAVE IT. HE NOTED THAT THE ONLY REAL DIFFERENCE WITH A MSTU THAT
LIMITS YOUR TAX TO ROAD & BRIDGE USE IS THAT YOU WOULD HAVE TO ADOPT
TWO BUDGETS AND THE RESTRICTIVE TAX FUNDS WOULD HAVE TO BE ACCOUNTED
FOR SEPARATELY.
ATTORNEY COLLINS STATED THAT HE HAS NO PROBLEM WITH
EXPANDING THE ORDINANCE TO INCLUDE THE ITEMS DISCUSSED, AND CHAIRMAN
SIEBERT-FELT WE SHOULD DO IT AND OPEN THIS TO THE PUBLIC TO GET
THEIR INPUT.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY DECLARED THAT AN EMERGENCY EXISTS BECAUSE
OF THE TRIM ACT AND THE TIMEFRAME PLACED ON THE COUNTY TO POSTULATE
A BUDGET WHICH IS MUCH DIFFERENT THAN THE TIMEFRAMES THE COUNTY HAS
BEEN USED TO AND ALSO FOR THE REASON THAT WE ARE ATTEMPTING TO AVOID
DUAL TAXATION BETWEEN THE COUNTY AND THE MUNICIPALITIES ON THESE -
SERVICES.
THE CHAIRMAN ANNOUNCED THAT THIS IS A PUBLIC HEARING AND
ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
• ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD BY UNANIMOUS VOTE ADOPTED EMERGENCY ORDINANCE 80-34
CREATING A GENERAL SERVICES MUNICIPAL SERVICE TAXING UNIT.
94
ORDINANCE X10. SO- 34
AN EMERGENCY ORDINANCE CREATING THE INDIAN RIVER
COUNTY MULTI-PURPOSE MUNICIPAL SERVICE TAXING
UNIT, DEFINING THE BOUNDARIES OF SAID TAXING
UNIT TO INCLUDE THE UNINCORPORATED PORTIONS OF
INDIAN RIVER COUNTY, AUTHORIZING THE LEVY BY
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA OF A TAX NOT TO EXCEED THREE
(3) MILLS ON ALL THE REAL AND TANGIBLE TAXABLE
PROPERTY WITHIN SAID TAXING UNIT, PROVIDING FOR
THE BUDGET AND ASSESSMENT, LEVY AND COLLECTION
OF SUCIi TAXES WITHIN SAID TAXING UNIT, PROVIDING
FOR All EFFECTIVE DATE.
WHEREAS, Florida Statute Section 125.01(1)(q) establishes
the power of a non -charter County to levy ad valorem taxes within
the Constitutional limits fixed for municipal purposes within a
municipal service taxing unit established on properties lying within
the unincorporated areas of Indian River County, Florida; and
WHEREAS, Section 125.01(1)(q) Florida Statutes grants
the Board of County Commissioners of a non -charter County, the
power to establish a municipal taxing unit for any part or all
of the unincorporated area of the County within which may be provided
multi-purpose municipal services, including but not limited to
road construction and maintenance, recreation, green box garbage
and -trash collection, sidewalks, drainage, transportation and other
essential services, hereinafter throughout this Ordinance referred
to as "multi -services", from funds derived from taxes within such
unit only;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
Section 1. A new Ordinance of the Code of Ordinances
for Indian River County, Florida, to be designated as Chapter 21,
Article XIII, is hereby adopted to read as follows:
ARTICLE XIII
Section 21-112. Multi-Purnose Municipal Service Taxing
Unit. There is hereby created an Indian River County Multi -Purpose
Municipal Service Taxing Unit under the authority of Section 125.01,
Florida Statutes. Said multi-purpose municipal services provided
within this taxing unit shall include but not be limited to road
construction and maintenance, recreation, green box garbage and
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BQo� 44 ?��E 310
AUG 13 1980
pUG f 31980 BOOK . 44 PAGE31f
trash collection. sidewalks, drainage,'transportation and other
essential services, and shall hereinafter be referred to throughout
this Ordinance as "Multi -Services". The boundaries of the Indian
River County Multi -Purpose Municipal Service Taxing Unit shall
f:
be coterminious with all of the unincorporated areas existing on
October 1, 1980 and on the 1st day of October of each year thereafter
within the boundaries of Indian River County, Florida.
Section 21-113. Determination of Cost of Service. Said
Municipal Service Taxing Unit is created for the purpose of providing
the said multi -services as defined above within the boundaries
of said Unit. The Board of County Commissioners of Indian River
County, Florida, shall determine each year the cost of providing
the multi -services as defined above, including capital improvements,
acquisitions, operating, and maintenance costs and expenses, for
the ensuing County fiscal year within the boundaries of said Unit.
Section 21-114. Levy of Taxes, Adoption of Budget.
The Board of County Commissioners of Indian River County, Florida,
hereby authorizes the levy of a tax not to exceed three (3) mills
on all the real and tangible property within the said Indian River
County Multi -Purpose Service Taxing Unit created under the provisions
of this Ordinance for the purpose of providing the multi -services
as defined above within the boundaries of said Unit. Said tax
shall be levied and a budget prepared and adopted by the Board
at the same time and in the same manner as the Board prepares and
adopts its County annual budget and levies taxes as provided by
law. Said taxes shall be assessed, levied, collected, remitted
to and accounted for at the time and in the manner as the assessments,
levies, collections, remittance and accountability of taxes by
said Board as provided by law. Said budget shall contain all or
such portion,of the estimated cost of said multi -services as defined
above within the boundaries of such Unit, determined under the
provisions of Section 21-113 of this Ordinance, as said Board shall
determine to be necessary to provide such services.
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_ M
Section 21-115. Disnosition of Proceeds -frc; �'evv of
Taxes for the Multi-Services as Defined Above. Those funds obtained
from the levy of a tax on all real and tangible oropertl within
the boundaries of said Unit shall be maintained in a separate account
and used solely for the purpose of providing said multi-services
within the boundaries of such Unit only.
Section 21-116. This Ordinance is being enacted pursuant
to Florida Statutes 125.66(3) (1979), as an emergency measure during
a regular meeting of the Board of County Commissioners of Indian
River County, Florida after a waiver of notice requirements by
a unamimous vote of the Membership of the Board of County Commissioners
of Indian River County, Florida, declaring that an emergency exists
and that the immediate enactment of said Ordinance is necessary.
Section 21-117. Severability. Should any section, clause,
word or provision of this Ordinance, or application of a provision
contained within this Ordinance, be declared by the County to be
unconstitutional or invalid, such declaration shall not affect
the validity of the Ordinance as a whole or any part thereof, other
than the part or application declared to be unconstitutional or
invalid.
This Ordinance was adopted this 13th day of August, 1980
and shall become effective as of the 14th day of August, 1980.
STATE OF FLORIDA
INDIAN RIVER COUNTY
THIS IS TO CERTIFY THAT THIS IS
A TRUE AND CORRECT COPY OF
THE ORIGINAL ON FILE IN THIS
OFFICE.
FREDA WRIGHT, CLERK
BY �1(40A D.C.
DA E
-3-
AUG 131980 BOCK 44 P#;,E312,
AUG 131980
BOOK ' 44 'PAGE313.
AUTHORIZATION FOR SETTLEMENT OF LITIGATION WITH WILLIAM P. JAC4(A N,
FORMER COUNTY FINANCE OFFICER
ATTORNEY COLLINS REPORTED THAT THE ISSUES HAVE BEEN DEFINED
SUBSTANTIALLY AND HE WOULD RECOMMEND THAT THE COUNTY PROCEED TO
SETTLE THE MATTER OF THE SUIT BROUGHT BY WILLIAM P. JACKSON, FORMER
FINANCE OFFICER, VERSUS FREDA WRIGHT, CLERK, AND AUTHORIZE THE
TRANSFER OF FUNDS FROM COUNTY CONTINGENCY TO THE CLERK'S BUDGET FOR
THIS PURPOSE.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE 'TRANSFER OF $4,900.00
FROM THE COUNTY CONTINGENCY ACCOUNT TO THE CLERK'S BUDGET FOR THE
PURPOSE OF PAYING THE SETTLEMENT OF THE ABOVE ACTION, AND APPROVED
THE FOLLOWING BUDGET AMENDMENT:
ACCOUNT TITLE
BUDGET OFFICE
(CLERK)
RESERVE FOR
CONTINGENCIES
ACCOUNT N0,
001-309-516-99.93
001-199-513-99.91
INCREASE
$4,900.00
$4,900.00
COMMISSIONER WODTKE ASKED IF THIS AMOUNT IS ENOUGH TO COVER
THE COSTS OF COURT PROCEEDINGS, ETC., AND ATTORNEY COLLINS STATED THAT
THERE WILL BE OTHER BILLS COMING IN.
OUT -OF -COUNTY TRAVEL - COMMISSIONER WODTKE
COMMISSIONER WODTKE ASKED PERMISSION TO ATTEND THE 24TH
ANNUAL MEETING OF THE FLORIDA ASSOCIATION FOR THE PRESERVATION OF
BEACHES AND SHORES.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR
COMMISSIONER WODTKE TO ATTEND THE CONFERENCE TO BE HELD BY THE FLORIDA
ASSOCIATION FOR THE PRESERVATION OF BEACHES AND SHORES, SEPTEMBER
17-191 1980, AT PALM BEACH, FLA.
CIBA-GEIGY PROPERTY NOT AVAILABLE FOR KIWANIS-HOBART PARK
COMMISSIONER LOY ANNOUNCED THAT A FEW WEEKS AGO, WE HAD
HOPES THAT PART OF THE CIBA—GEIGY PROPERTY MIGHT BE MADE AVAILABLE
TO KIWANIS HOBART PARK, BUT ON FURTHER CHECKING, SHE HAS NOW LEARNED
THAT MANAGEMENT IS NOT INTERESTED IN MAKING ANY SUCH DONATIONS AT
THIS TIME.
AMENDMENT TO AGREEMENT RE SOUTH COUNTY FIRE DISTRICT - APPROVED
CHAIRMAN SIEBERT REPORTED THAT AT THE MEETING WITH THE CITY
OF VERO BEACH IN REGARD TO A SOUTH COUNTY FIRE TAXING DISTRICT, IT
WAS OBVIOUS FROM COMMENTS MADE BY THE CITY COUNCIL AND THE PUBLIC
THAT THE BIGGEST OBJECTION TO CREATION OF THIS DISTRICT WAS THAT
TECHNICALLY THERE WAS NO WAY CITIZENS COULD DISSOLVE THIS DISTRICT
BECAUSE THE PROVISION IN OUR AGREEMENT SETS OUT THAT UPON A PETITION
SIGNED BY 25% OF THE ELIGIBLE VOTERS OF THE DISTRICT, --A PUBLIC HEARING
WOULD BE HELD BY THE GOVERNING BOARD, WHICH IS THE BOARD OF COUNTY
COMMISSIONERS. THE CHAIRMAN CONTINUED THAT THE CITY APPROVED THE
AGREEMENT WITHOUT CHANGING THAT PROVISION; HOWEVER, IN VIEW OF THE
FACT THAT THE QUESTION HAS BEEN BROUGHT UP AND SINCE WE ARE IN THE
PROCESS OF EDUCATING THE PUBLIC AND THE CITY HAS INDICATED THEY WOULD
FEEL MORE COMFORTABLE IF WE AMENDED THE AGREEMENT TO STATE THAT UPON
PETITION OF 250 OF THE ELIGIBLE VOTERS OF THE DISTRICT, A REFERENDUM
WOULD BE HELD ON THE DISSOLUTION, CHAIRMAN SIEBERT RECOMMENDED THAT
WE DO SO AMEND THE AGREEMENT SINCE IT WOULD MAKE A LOT OF PEOPLE MORE
COMFORTABLE,
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED AN AMENDMENT TO THE AGREEMENT
WITH THE CITY OF VERO BEACH RE THE CREATION OF A SOUTH COUNTY FIRE
DISTRICT TO PROVIDE THAT UPON PETITION OF 25% OF THE ELIGIBLE VOTERS
OF THE DISTRICT, A REFERENDUM WOULD BE HELD RE DISSOLUTION OF THE
SAID DISTRICT.
AUG 131980
L
At
Poon 4 FA 14
AUG 131984
BOOK '44 PACE 315
CHAIRMAN SIEBERT REQUESTED THAT THE ATTORNEY PREPARE SUCH
AN AMENDMENT.
CASH ESCROW AGREEMENT FOR OSLO SQUARE
CASH ESCROW AGREEMENT FOR OSLO SQUARE SHOPPING CENTER IS
HEREBY MADE A PART OF THE MINUTES, AS APPROVED AT THE REGULAR MEETING
OF MAY 7, 1080:
100
CASH ESCROW AGREEMENT FOR
OSLO SQUARE SHOPPING CENTER
THIS AGREEMENT, entered into this day of du-± 1980, by,
between and among CSLO SQUARE SHOPPING CENTER ASSOCIATES, a Florida
General Partnership, P. 0. Box 4373, 2743 S.E. Morningside Boulevard,
Port St. Lucie, Florida 33452, hereinafter referred to as "DEVELOPER",
and INDIAN RIVER COUNTY, a political subdivision of the State of
Florida, 2145 -14th Avenue, Vero Beach, Florida 334'60, hereinafter
referred? to as "COUNTY",
W I T N E S S E T H
WHEREAS, DEVELOPER has received from COUNTY a building permit
for the construction of Oslo Square Shopping Center at the Northeast
corner of the intersection of U.S. Highway #1 and Oslo Road, Indian
River. County; and
WHEREAS, as a condition precedent to the issuance by the COUNTY
of the said building permit, DEVELOPER has agreed to construct or
cause to be constructed by Signal Construction Company a traffic
signal at the entrance of Oslo Square Shopping Center and U.S.
Highway #1 pursuant to the Florida Department of Transportation
specifications at such time as the signalization is warranted by
the Florida Department of Transportation; and
WHEREAS, the COUNTY has issued the building permit for Oslo
Square Shopping Center upon the condition that DEVELOPER assure
the COUNTY that DEVELOPER will fulfill all obligations of DEVELOPER
as agreed upon in this Agreement.
WHEREAS, DEVELOPER has paid tc the COUNTY the sum of $30,000.00
to assure the COUNTY that the funds for the construction and instal-
lation of the necessary signalization can be•accomplished, said sum
to be placed in an interest-bearing account and disbursed therefrom
as hereinafter provided; and
NOW, THEREFORE, in consideration of the foregoing and the cove-
nants and conditions hereinafter set forth, each of which shall be
deemed consideration for the other, it is agreed by, between and
among the parties hereto as.follows:
AUG 131980
Boa 44 Pa�F RG",
r-
AUG 13 1980
.: BOOK .44 PAGE317
1. The COUNTY hereby acknowledges receipt of the sum of
$30,000.00 from the DEVELOPER by check number 2483 drawn on the
account of Peter C. Smith & Associates dated April 2, 1980 and
payable to the COUNTY.
2. Upon execution of this Agreement, the COUNTY will purchase
with the said $30,000.00 heretofore paid by DEVELOPER, three (3)
twelve (12) month Certificates of Deposit at the then prevailing
rates, each in the face amount of $10,000.00 in the name of Headway
Florida, Inc., a Florida corporation, 8751 West Broward Boulevard,
Suite 200, Plantation, Florida 33324, a General Partner of Oslo
Square Shopping Center Associates.
The said Certificates of Deposit will be endorsed by
Headway Florida, Inc. in favor of and delivered to the COUNTY, in
escrow, with full control by the COUNTY as assurance that DEVELOPER
will complete the construction and installation of the traffic signal-'
ization above-described, the total sum of $30,000.00 being agreed
upon by the DEVELOPER and the COUNTY as a reasonable escrow deposit
for completion of the traffic signalization improvements.
3. It is agreed between DEVELOPER and the COUNTY that the
Certificates of Deposit in escrow shall be released upon the following
conditions -and in the following manner:
(a) The Certificates of Deposit established in Escrow
shall only be used to assure construction and installation of the
traffic signalization pursuant to Florida Department of Transportation
requirements and specifications.
(b) Upon satisfactory completion, as hereinafter provided,
of the Oslo Square Shopping Center signalization the Certificates of
Deposit shall be released by the COUNTY to HEadway Florida, Inc.
together with any and all interest due and payable on said Certificates
of Deposit.
(c) The COUNTY shall not be obligated to renew or otherwise
negotiate the purchase of new Certificates of Deposit for the three
(3) Certificates of Deposit upon the maturity of said Certificates of
Deposit, unless, the COUNTY shall, for good cause shown by the
DEVELOPER, grant an extension of time for the completion of the
signalization, in which event, the COUNTY shall renew or otherwise
-2-
r
negotiate the purchase of new thirty (30) day Certificates of Deposit
or such other maturity dates as may be agreed upon by DEVELOPER and
the COUNTY at the then prevailing rates.
(d) "Good Cause" as described or used herein shall include
delay in the completion of construction of Oslo Square Shopping Center,
delay or failure on the part of the Florida Department of Transportation
to warrant the need for the signalization and/or delay in the construc-
tion and installation of the signalization by Signal Construction
Company.
(e) A request for release of the Certificates of Deposit
from escrow shall'be made by DEVELOPER to the County Administrator.
The request shall state that the signalization has been completed
pursuant to the Florida Department of Transportation specifications,
and specify that the: Certificates of Deposit shall be released to
Headway Florida, Inc. by the COUNTY.
(f) The: COUNTY will inspect the signalization for which
release of the Certificates of Deposit is sought within five (5)
days after request is made by the DEVELOPER. When the inspection
has been completed, release of the Certificates of Deposit will be
made by the COUNTY only upon written certification from the County
Administratcr, or his agent, that the signalization has been satis-
factorily completed, provided, however, that the burden of establishing
satisfactory completion shall be the: responsibility of the DEVELOPER.
(g) The COUNTY shall thereupon release and deliver the
® Certificates of Deposit to Headway Florida, Inc. together with any
and all interest due thereon.
4. In the event the DEVELOPER fails to complete construction
and installation of the: signalization on or before the date of
maturity of the three (3) one-year Certificates of Deposit in the
face amount of $10,000.00 each or upon the later maturity date of
any extension granted by the: COUNTY for good cause shown by the
DEVELOPER, then, the COUNTY shall be entitled to negotiate the
Certificates of Deposit, and utilize the proceeds thereof to complete
the signalization with any unused funds being payable to Headway
l
Florida, Inc.
=3 -
AUG 131980
saox 44 , put 319,
AUG 131980
boa 44 `PAGE319
The COUNTY may, at its sole and absolute discretion, grant
such extensions for time for performance by DEVELOPER in completion
of the signalization upon good cause having been shown.
5. The COUNTY shall not be liable to any person whomsoever
for materials of any nature used in the construction or installation
of the signalization or for any services rendered by such persons with
respect to the signalization or for the debts or claims against
DEVELOPER or any contractor hired by the DEVELOPER to construct and
install the signals.
6. In the event that the total costs incurred in construction
and full completion of the signalization shall exceed the amount of
the Certificates of Deposit held by the COUNTY, such additional cost
shall be paid by DEVELOPER on demand by the COUNTY regardless of
whether said improvements have been completed by DEVELOPER or the
COUNTY in accordance with the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals on the day and year first above written.
Signed, sealed and delivered
in the presence of:
ATTEST:
OSLO SQUARE SHOPPING CENTER ASSOCIATES
By
Peter Smith, General Partner
and
HEADWAY F OR
Y
Its: Vice
, INC., General Partner
INDIAN RIVER COUNTY
t
By
Clerk Chairma , Board of Coin
Commissioners
APPROVED AS TO FORM AND CORRECTNESS
By
4q eA 6"
CuulltyV Attorney
-4-
�II
THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING
BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED
AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND
Nos. 66746 - 66859 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE
IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO
ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL
MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR,
REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF
THESE MINUTES.
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED
AND CARRIED, THE BOARD ADJOURNED AT 5:40 O'CLOCK P.M.
ATTEST:
CLERK C AIRMAN
AUG 131980
105
ROOK 44