HomeMy WebLinkAbout10/24/1973cf
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WEDNESDAY, OCTOBER 24,'1973
THE BOARD
' OF COUNTY COMMISSIONERS
OF INDIAN RIVER
COUNTY, FLORIDA MET IN REGULAR SESSION AT THE COURTHOUSE,j
VERD BEACH, FLORIDA ON WEDNESDAY'.- OCTOBER 24, 1973 AT 8 30
' .
D �i0�K 8,�, PRESENT WERE �nw^ |�E |n»^ F�«IRMAN^ ]*,
M»rSEY, VICE CHAIRMAN; WILLARD
W. SlEB| .^ |R,' . K'V. DnlTENBAS
'
AND RICHARD P. BncOS[AN. ALSO PRESENT WERE ]&C. G^' ]| N| l'"GS
COUNTY ADMINISTRATOR; PAUL D. DURCH^ ATTORNEY T 'THE BOARD OF
COUNTY COMMISSIONERS; A»« KlRKLAND AND E **IZADETH FORLANI, DEPUTY
CLERKS; L.S. THOMAS, FlNANC&AL COORDINATOR.
THE CHAIRMAN CALLED THE MEETING TO ORDER ER AN| ASKED
IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE
REGULAR MEETING OF OCTOBER lO, 1973,
`
COMMISSIONER DRITEN8AS REQUESTED THAT ON PAGE 27~
'HE FOLLOWING PARAGRAPH | BE INSERTED AT THEEND OF THE
^ .
PAGE:
"Om MnrlUN BY C»wmlS8lDNER M^SSEY^ SECONDED BY [»w- `
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MISSlONER SlEBERT' THE BOARD UNANIMOUSLY APPROVED �o. �| |
.— -..-., ~.,
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PURCHASING MvLARS OF AERIAL PHOTOS IN THE AMOUNT OF APPROXIMATELY
$2^340"00 TO BE PAID OUT OF THE p. �N/ DEPARTMENT BUDGET."
CHAIRMAN Loy REQUESTED THAT THE FIRST PARAGRAPH ON
.AGE 39 BE CHANGED TO READ:
- —
_
"JOHN .CHLlTT, 8"o°rulTECT' WORKING WITH OUR��
UIL'DING
COMMITTEE APPEARED FOR THE BID OPENlNm, THE CHAIRMAN THEN ASKED
�
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FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING
'
�^ -
SEALED BIDS WERE RECEIVED, OPENED AND READ.=
CHAIRMAN Loy ALSOREQUESTED THE FIRST SENTENCE, SIXTH _
�
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PARAGRAPH ON PAGE 39 BE CHANGED TO�READ:
1 `
"THE ATTORNEY STATED THAT GEORGE COLLINS, ATTORNEY AND '
PARTNER IN THE LAW FIRM OF 6BURCH^ COLLINS AND PADGET WAS THE
ATTORNEY REPRESENTING THE clSNELL CORPORATION IN THE TRANSACTION OF
� �
PURCHASING THISPROPERTY.
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' OCT 241973
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CHAIRMAN LOY REQUESTED ON PAGE 12, FIRST PARAGRAPH
THE DATE, "JUNE 12, 1973` BE CHANGED TO READ "JUNE12, 1972".
ATTORNEY BURCH REQUESTED THE FIRST PARAGRAPH ON PAGE
25 BE CHANGED TO READ:
"IN SECTION 14, ITEM 1, THE WORDS "LAUNDRY AND TOILET"
BE INSERTED TO READ: "SEWER SERVICE TO DWELLING UNIT: $8.59 PER
MONTH PER UNIT FOR KITCHEN AND ONE BATHROOM: AN ADDITIONAL $4.00
PER MONTH FOR EACH ADDITIONAL BATHROOM, LAUNDRY OR TOILET HAVING
A CONNECTION, DIRECTLY OR INDIRECTLY, TO COMPANY'S SEWER LINES."
THESE CORRECTIONS HAVING BEEN MADE ON MOTION BY
COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER MASSEY, THE BOARD
UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF OCTOBER
10, 1973, AS WRITTEN,
THE CHAIRMAN THEN ASKED IF THERE WERE ANY ADDITIONS OR
CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 17,1973.
COMMISSIONER DRITENBAS REQUESTED ON PAGE 1, FOURTH
PARAGRAPH BE CHANGED TO READ:
"ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY
COMMISSIONER SIEBERT,THE BOARD UNANIMOUSLY APPROVED THAT THE BIDS
RECEIVED ON OCTOBER 10, 1973 BE REJECTED AND THAT NEW BIDS WITH
REVISED SPECIFICATIONS BE ADVERTISED."
THIS CORRECTION HAVING BEEN MADE ON MOTION BY COMMISSIONER
DRITENBAS, SECONDED BY COMMISSIONER MMASSEY, THE BOARD UNANIMOUSLY.
APPROVED THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 17, 10-73,
AS -WRITTEN.
R.W. WILLIAMS, DISTRICT- _FORESTER, REPRESENTING THE DIVISION
OFiFORESTRY APPEARED AND PRESENTED THE RESULTS OF A SURVEY COMPLETED
BYrTHE DIVISION OF FORESTRY REGARDING COUNTY -WIDE FIRE CONTROL AND
THEIR RECOMMENDATIONS PERTAINING TO THIS SURVEY. THIS SURVEY WAS
i
PRESENTED TO COMMISSIONER SIEBERT, WHO IS CHAIRMAN OF THE
FIRESTUDY COMMITTEE. COMMISSIONER SIEBERT SIEBERT WILL PRESENT
THIS SURVEY TO THE COMMITTEE FOR THEIR REVIEW AND EVALUATION.
_ 0 2 -
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AJM
OCT 2 419.73
r�E 4
THE FOLLOWING LETTER WAS DISCUSSED BY THE BOARD.
Telephone (904) 396-2477
COMPLETE MICROFILM SERVICE
2747 Art Museum Drive, Suite 14 Jacksonville, Florida 32207
August 14, 1973
Mr. Ralph Harris
Clark of.Courta
Post Office Box 1028
Vero Beach, Florida 32960
Dear Mr. Harris;
We are extremely grateful at Micro -Images that you have permitted us to present
our proposal to you with our personalized service in keeping with your exact needs.
The totals a stimated in this proposal are strictly intelligent estimates. The final
total would not be evident until completion of job. -Updating of The Indian River
Tax Records can be arranged on a once a year basis, if you so desire. Our work is
of top quality and fully guaranteed.
Indian River Tax Records:
Based on approximately 87 books at an average of 750 pages per book.
Eatimatald 65,250 pages at $30.00 per 1,000 pages, Estimated $1,957.50
12 days perdium for filming at $17.50 per day, Estimated 245.00
2 complete round trips of 840 miles at $.10 a mile, Estimated 84.00
Your estimated total cost $2,286.50
All filming will be done an Kodak 35mm AHU Microfilm.
Indian River Tax Records that date back to about 1923 consist of 24 books. The
dimensions of these books is 3 feet by 18 inches, and falls under drawing size
catagory. Tlieragore, it would be Impossible and to costly to bring the large
drawing camera to your premises- Micro-Imagee can however, bring the records to
Jacksonville to film and return to you the following morning. Thr price, separate
from abive, would be estimated 18,000 pagea at $30.00 per 1,000 pages estimating
cost at $540.00. Th® transportation for 24 hour turn around would be $42.00,
making this an estimated total cost for these books at $582.00.
We are confident that our prices end our personalized service combined will offer
you the boot and most satisfactory arrangement you can make. If you concur in
this, we look happily forward to a very pleasant and cooperative relationship
with you and your associates.
Sincixrely youraj TELEPHONE (904) 396-2477
Diana L. Lake
D
President 2447 Art Museum rive
suite 14
Jacksonville, Florida 32201
DIANA L. LAKE
MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER
DRITENBAS, THE BOARD UNANIMOUSLY APPROVED THE MICROFILMING
3
fwT241973 PAGE
u-,'4
OF ALL THE OLD COUNTY RECORDS AS STATED IN THE FOREGOING LETTER,
L.S. THOMAS, COUNTY FINANCIAL COORDINATOR REPRESENTING
RALPH HARRIS, CLERK OF THE CIRCUIT COURT DISCUSSED WITH THE BOARD
MR. HARRIS` REQUEST TO OBTAIN ERRORS AND OMISSIONS INSURANCE. THE
BOARD SUGGESTED A CHECK BE MADE OF 'THE COUNTY INSURANCE COVERAGE
TO SEE IF THIS IS COVERED, IF NOT, PERHAPS IT COULD BE ADDED.
ATTORNEY BURCH QUESTIONED THE NEED FOR THE CLERK TO
CARRY THIS COVERAGE AND RECOMMENDED MR. HARRIS CONTACT HIS ATTORNEY
FOR A LEGAL OPINION.
CALVIN B. BROWN, ATTORNEY REPRESENTING A'& S PRIVATE
AMBULANCE SERVICE APPEARED AND INFORMED THE BOARD THAT THIS
AMBULANCE SERVICE DEALS STRICTLY IN TRANSPORTING CONVALESCENT
PATIENTS, BOTH ON A LOCAL AND LONG DISTANCE BASIS, AND NEW
LEGISLATION HAS BEEN PASSED THAT MIGHT PUT THIS SERVICE OUT OF
BUSINESS BECAUSE OF THEIR STRINGENT REQUIREMENTS.
° MR. BROWN FURTHER STATED THAT, IN HIS OPINION,
THE NEW FLORIDA EMERGENCY MEDICAL SERVICES ACT WAS PRIMARILY DESIGNED
FOR EMERGENCY VEHICLES, BUT WHEN THE NEW ACT WAS PASSED IT INCLUDED
A DEFINITION OF AN AMBULANCE, WHICH WAS SO BROAD THAT IT BROUGHT
IN THE SERVICES SUCH AS A & S PRIVATE AMBULANCE SERVICE. IN ORDER
FOR A & S SERVICE TO CONTINUE THIS BUSINESS AND THIS SERVICE TO
THE COMMUNITY THEY ARE REQUESTING FINANCIAL ASSISTANCE FROM THE
COUNTY.
IT WAS STATED THAT IF THE COUNTY PROVIDED FINANCIAL
ASSISTANCE THAT A & S SERVICES WOULD PROVIDE SERVICE FOR INDIGENT
PATIENTS IN THE COUNTY. THEY ARE REQUESTING A COMMITMENT FROM THE,
COUNTY TO ASSIST THEM FINANCIALLY IF THIS LAW ACTUALLY AFFECTS THEM.
ALSO PRESENT AT THIS MEETING WAS HARRY COX AND CONNOR
ROBERTS, REPRESENTING A & S PRIVATE AMBULANCE SERVICE AND LEE
NUZIE, TONY GIBBONS, GERALD RIVENBARK', REPRESENTING THE VOLUNTEER
AMBULANCE SQUAD.
- THE BOARD AGREED THAT THIS LAW NEEDS CLARIFICATION AND
SUGGESTED TO MR. BROWN THAT HE MEET WITH SENATOR PHIL LEWIS, WHO
WILL BE PRESENT IN THE COURTHOUSE, TOMORROW, OCTOBER 25, 1973
AND THE BOARD WILL CONTINUE THIS DISCUSSION IN TWO WEEKS AT THE
f
-NEXT COUNTY COMMISSION MEETING,
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n
MARVIN E. CARTER, SURVEYOR AND HOWARD HINZ, DEVELOPER,
REPRESENTING PINE WOOD SUBDIVISION APPEARED TO REQUEST TENTATIVE
SITE PLAN APPROVAL,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER MASSEY, TENTATIVE APPROVAL FOR PINE WOOD SUBDIVISION
WAS GRANTED.
COMMISSIONER DRITENBAS INFORMED THE BOARD THAT THIS
SUBDIVISION HAD ALREADY OBTAINED BUILDING PERMITS AND BUILDING
WAS PROGRESSING, BUT IT WAS RECENTLY DISCOVERED THAT THIS IS NOT
A RECORDED SUBDIVISION. WORK WAS STOPPED UNTIL COUNTY SPECIFICATIONS
ARE MET. MR. HINZ JUST PURCHASED THIS PROPERTY AND WAS NOT AWARE
OF THE COUNTY'S REQUIREMENTS.
COMMISSIONER DRITENBAS DISCUSSED WITH THE BOARD A
POSSIBLE PROBLEM THAT THE BOARD MIGHT BE FACED: -WITH REGARDING THE CON-
STRUCTION OF A COUNTY.SEWER AND WATER SYSTEM IN A PRI.yATE SUBDIVISION.
COMMISSIONER SIEBERT MOVED AND COMMISSIONER MASSEY
SECONDED AN AMENDMENT TO THE MOTION THAT WOULD READ: "SUBJECT
TQ THE UTILITY EASEMENT BEING GRANTED TO THE COUNTY". THERE
BEING NO OBJECTION THE MOTION AS AMENDED WAS UNANIMOUSLY PASSED,
GIL SWIGER, PRESIDENT OF INDIAN RIVER CABLEVISION
APPEARED REQUESTING AUTHORIZATION FROM THE BOARD TO INCREASE THEIR
RATES FOR CABLEVISION SERVICE.
MR. SWIGER WAS ASKED BY THE BOARD TO SUPPLY A SWORN
STATEMENT THAT THE FIGURES PRESENTED IN THE FINANCIAL REPORT ARE
ACCURATE, THIS STATEMENT WILL BE ATTACHED TO THE FINANCIAL REPORT
AND MR. SWIGER WAS INFORMED THAT, IN THE FUTURE, THE BOARD WOULD
REQUIRE A CERTIFIED AUDIT WHEN A RATE INCREASE IS REQUESTED.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED INDIAN
RIVER CABLEVISION ADVERTISING FOR A PUBLIC HEARING ON NOVEMBER
7, 1973 AT 2:30 O'CLOCK P.M. REGARDING A RATE INCREASE.
a 5
BOOK Afwl.43.
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MARIE J. WALKER, DIRECTOR OF ALCO-HOPE, INC. APPEARED TO
REQUEST THE BOARDS AUTHORIZATION FOR COUNTY EQUIPMENT TO BE USED TO
ELIMINATE DRAINAGE PROBLEMS AT ALCO-HOPE REHABILITATION CENTER ON
BARBER AVENUE, THE ALCO-HOPE REHABILITATION CENTER HAS BEEN DESIGNATED
AS THE ALCOHOLIC RECEIVING CENTER FOR THE FOUR COUNTIES ASSOCIATED
WITH THE INDIAN RIVER COMMUNITY HEALTH CENTER AND THE DISTRICT 18
MENTAL HEALTH BOARD,. FOR IMPLEMENTATION OF THE MEYERS ACT, ALCO-HOPE
J"JILL TAKE IN ALCOHOLICS FOR REHABILITATION FROM THIS COUNTY AND THREE
OTHER COUNTIES.
THIS PROPERTY IS CURRENTLY BEING LEASED AND THE BOARD
QUESTIONED WHETHER THE COUNTY COULD EXPEND FUNDS TO IMPROVE
PRIVATE PROPERTY.
ATTORNEY BURCH STATED THAT THE COUNTY CANNOT EXPEND
PUBLIC FUNDS TO IMPROVE PRIVATE PROPERTY EXCEPT IF THE PROPERTY
IS USED AS A PUBLIC FACILITY.
THE ADMINISTRATOR STATED THAT THE LAKE ON THE PROPERTY
COULD BE ENLARGED AND THIS MATERIAL COULD BE USED TO FILL THE
LOW AREAS AND BRING IT UP TO GRADE, DRAINAGE SWAL�S COULD BE
OPENED UP TO ALLOW BETTER DRAINAGE, THE ADMINISTRATOR FURTHER
STATED THAT THIS WORK COULD BE ACCOMPLISHED BY THE COUNTY WORK
FORCE AT AN APPROXIMATE COST OF $1,000.00
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER BOGOSIAN, THE BOARD UNANIMOUSLY AUTHORIZED THE
ADMINISTRATOR TO PROCEED WITH WORK NECESSARY TO COMPLY WITH THE
REQUEST OF ALCO-HOPE, INC.
THE BOARD SUGGESTED THAT THE ADMINISTRATOR OBTAIN AN
EASEMENT TO PERMIT THE COUNTY FORCES TO DO THE WORK AT ALCO-
HOPE, INC. THAT WAS AUTHORIZED Bf THE BOARD. THE EASEMENT SHOULD
BE FOR 90 DAYS FROM THE DAY THEY START WORK.
COMMISSIONER DRITENBAS PRESENTED TO THE BOARD A
REPORT PREPARED BY HIM AS A MEMBER OF THE BUS STUDY COMMITTEE.
THIS COMMITTEE HAS BEEN STUDYING FOR THE PAST TWO YEARS, THE NEED
AND FEASIBILITY OF A BUS SYSTEM FOR THE CITY OF VERO BEACH AND
INDIAN RIVER.COUNTY. ON OCTOBER 19,1972, NATIONAL CITY MANAGEMENT
COMPANY SUBMITTED AN INDEPTH STUDY ENTITLED "TRANSIT PLAN FOR
® 6
OCT 2 41.13
INDIAN RIVER COUNTY" WHICH INCLUDED A COMPLETE DESCRIPTION OF
PROPOSED ROUTES; ESTIMATED PASSENGER UTILIZATION AND REVENUE
GENERATION; LEVEL OF SERVICE; AND OPERATING COSTS, ON JANUARY
9,1973, NATIONAL CITY MANAGEMENT COMPANY SUBMITTED AN ADDENDUM
TO THE TRANSIT PLAN, .
A CITIZENS COMMITTEE WAS FORMED CONSISTING OF
MEMBERS OF THE VERO BEACH CITY COUNCIL, COUNTY COMMISSION,
MUNICIPALITIES, DOWNTOWN.MERCHANTS, AFTER SEVERAL MEETINGS
IT WAS DECIDED BY THE COMMITTEE THAT A BUS SYSTEM WAS
DESIRABLE AND NEEDED IN INDIAN RIVER COUNTY AND THE FOLLOWING ARE
RECOMMENDATIONS AS TO THE MOST EQUITABLE METHOD TO PROCEED,
1, THAT INDIAN RIVER COUNTY SHOULD BE THE
RESPONSIBLE AGENCY TO OWN AND OPERATE A SYSTEM,
Z, A TRANSIT AUTHORITY BE APPOINTED TO MANAGE THE
SYSTEM,
3, THAT UP TO 114 MILL CAP SUBSIDY BE PLACED ON THE
SYSTEM,
COMMISSIONER DRITENBAS FURTHER STATED THAT IN VIEW OF
THE COMMITTEES RECOMMENDATIONS HE WOULD LIKE TO SUGGEST THAT THE
COUNTY COMMISSIONERS TAKE, THE NECESSARY STEPS TOWARDS ESTABLISHING
AN INDIAN RIVER COUNTY BUS TRANSIT SYSTEM,
COMMISSIONER DRITENBAS INFORMED THE BOARD THAT THE COUNTY
WILL PAY 16TH OF THE COST; THE STATE 1/6TH OF THE COST AND THE
FEDERAL GOVERNMENT 2/3RDS OF THE COST,
MR, JENNINGS STATED THAT THIS TRANSIT SYSTEM WOULD
START WITH FIVE OR SIX BUSES AND AS THE SYSTEM GROWS MORE BUSES
WILL BE ADDED AND HE ALSO STATED THAT THE BUSES COULD BE HOUSED
AT THE COUNTY GARAGE,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER MASSEY, COMMISSIONER BOGOSIAN VOTED IN OPPOSITION,
THE BOARD APPROVED TO ACCEPT THE REPORT AND RECOMMENDATIONS OF THE
CITIZENS COMMITTEE, THE BOARD ALSO AUTHORIZED THE COUNTY ADMINISTRATOR
COMMISSIONER DRITENBAS AND THE COUNTY ATTORNEY TO MAKE RECOMMENDATIONS
REGARDING THE ESTABLISHMENT OF A TRANSIT AUTHORITY IN INDIAN RIVER
COUNTY,
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-OCT 241973
011
THE BOARD ADJOURNED AT 12:05 O'CLOCK P.M. AND
RECONVENED AT 1:30 O'CLOCK P.M.
COMMISSIONER MASSEY DID NOT RETURN TO THE.MEETING.
THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED,
TO WIT:
VERO BEAC 'RESS-JOURNAL NOTICE OF
PUBLIC HEARING
Published Weekly The Board of County Com.
missioners of Indian River County,
Florida, will on the 24Th day of
Vero Beach, Indian River County, Florida October, 1973, at 1:30 P.M. in the
Board of County Commissioners
room at the Indian River County
Courthouse, Vero Beach, Indian
COUNTY OF INDIAN RIVER: River County, Florida, consider
STATE OF FLORIDA granting an exclusive franchise for
40 years to the:
Before'the undersigned authority personally appeared J. J. Schumann, Jr. who on oathGulf_Western-industries_.
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published �a Gulf,Western
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being Food Products Co.
P.O. Box 1329
Vero Beah, Florida 32960
to erect, construct, operate and
a •"�"---'es"�L' ------ maintain a sewer system, and a
water system within all that part of
/�� �• Indian River County, Florida,
---_'—_—._-----_------in the matter of ------r��,'"=-mss e.--•. ....... 4 ;:..-4_=x. =s ---•— located within the following
described boundary lines, to wit:
The East Halt of Tract 1239; all
of Tracts 1240, 1241, 1242, 1243,
_----------•------••------.--------------- 1250, 1251, 1252, 1253, 1254, 1340,
1341, 1342, 1343, 1350, 1351, 1352, -
1442, and 1443, according to Plat
the _� _— Court, was pub- of Fellsmere Farms Company's
subdivision of all of the un-
surveyed part of Township 31-
lished In said neyvs South, Range 37•East, as
paper in the Issues of _______—.__._-- recorded in Plat Book 2, pages 1
/ _ and 2, public records of St. Lucie
County, Florida; said lands now
lying and being in Indian River
County, Florida. Said tracts
Affiant further says that the said Vero Beach Press -Journal is a newspaper containing tea acres, more or
published at less.
Vero Beach, in said Indian River County, and that the said newspaper has heretofore Franchise rates and hookup
been continuously published In said Indian River County, Florida, weekly and has been entered charges will be as follows:
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida $2.50 per month for water
for a period of one year next preceeding the first publication of the attached copy of adver- $2.50 per month for sewer.
tisement; and affiant further says that he has neither paid nor promised any person, firm or Hookup charges — Water &
corporation any discount, rebate, commission or refund for the purpose of securing this adver- Sewer — $5.00 each.
tisement for publication in the said newspaper. Parties in interest and Citizens will
-may be heard by the Board at safd Public
J p �i7'� Hearing.
Sworn to and subscribed before me this ___ / _ _—da of AD "� _ A.D. Z ` _ The 24th day of October, 1973.
Board of County
Commissioners
—-------- _—_____ Indian River County
(Business Manager) Florida.
By:-s•Alma Lee Loy
Chairman
Approved for public hearing.
(Clerk of the Circuit Court, Indian River County, Florida) Board of County
(SEAQ Commissioners
Indian River County,
Florida.
Date: Oct. 9, 1973
By:•s-J. G. Jennings
Oct. 14, 1973..
RAY NELSON AND CHARLES OVERBECK, REPRESENTING GULF—
WESTERN FOOD PRODUCTS, INC. APPEARED AND MADE THEIR PRESENTATION
TO THE BOARD.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE
HEARD, THERE WERE NONE AND ON MOTION BY COMMISSIONER DRITENBAS,
SECONDED BY COMMISSIONER SIEBERT, THE.BOARD UNANIMOUSLY APPROVED THE
19th
OCT 2 41973
PAGEI- 46
f a
OCT 2 4"lZi
SEWER AND WATER FRANCHISE AS REQUESTED BY GULF—WESTERN FOOD b�
PRODUCTS AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN.
COMMISSIONER MASSEY RETURNED TO THE MEETING
AT 1:40 O'CLOCK P.M.
ON MOTION BY COMMISSIONER DRITENBAS, SECONDED BY
COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF
H.F. MASON EQUIPMENT CORPORATION, HIALEAH, FLORIDA, FOR A MODEL
8500 -HO -PAC HYDRAULIC VIBRATORY COMPACTOR%DRIVER AS PRESENTED
IN THE BID OPENING OF AUGUST 13, 1973, AS BEING THE LOWEST
AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $3,822.00.
ATTORNEY BURCH PRESENTED TO THE BOARD AN AGREEMENT FROM
THE TOWN OF INDIAN RIVER SHORES REGARDING THE BOARD OF COUNTY
COMMISSIONERS'AND THE TOWN COUNCIL OF THE TOWN OF INDIAN RIVER
SHORES COOPERATING IN A FUTURE WASTEWATER TREATMENT FACILITY.
CHAIRMAN LOY REQUESTED THAT THIS ITEM BE TABLED UNTIL
AFTER THE FOLLOWING DISCUSSION WITH THE COUNTY ENGINEERS REGARDING
THE JOINT MEETING OF THE CITY—COUNTY SEWER & WATER COMMITTEE WHO
ARE PREPARING A NEW AGREEMENT.
COMMISSIONER BOGOSIAN, A MEMBER OF THE CITY—COUNTY
SEWER AND WATER COMMITTEE, INFORMED THE BOARD OF THE RESULTS OF
THE MEETINGS HELD AND AN AGREEMENT WAS PRESENTED TO THE BOARD FOR
THEIR REVIEW AND EVALUATION.
DR. DAVID SMITH AND JAMES BEINDORF, COUNTY CONSULTING
ENGINEERS WERE PRESENT TO DISCUSS THIS AGREEMENT.
IT WAS EXPLAINED THAT THE REASON FOR THIS AGREEMENT IS
TO ASSIST THE CITY OF VERO BEACH IN OBTAINING A GRANT FROM THE
U.S. ENVIRONMENTAL PROTECTION AGENCY IN THE AMOUNT OF $1.5 MILLION..
AFTER MUCH DISCUSSION IT WAS THE BOARD'S DECISION THAT
COMMISSIONER BOGOSIAN PRESENT THE FOLLOWING PROPOSALS TO THE CITY—COUNTY
SEWER AND WATER COMMITTEE: THE COUNTY WOULD BE WILLING TO PAY EITHER
$366,250,00 TO THE CITY FOR RESERVING 1.39 ..M,G.D.; OR TO
PAY THAT. AMOUNT OVER A 5 YEAR PERIOD AMORTIZED AT THE INTEREST RATE
SHOWN IN THE AGREEMENT.OR IN LESSOR AMOUNTS ON A PRO—RATA BASIS;
THAT THE BOARD DECLINES TO PAY 107 PROFIT ON THE COST OF THE
TREATMENT PLANT; THAT THE AGREEMENT BE AT THE OPTION OF THE COUNTY
IN ALL RESPECTS.
I i
JOSEPH JACOBS, ATTORNEY AND DICK BIRD, MANAGING
DIRECTOR REPRESENTING MR. O`MALLEY, OWNER OF DODGERTOWN PROPERTY
APPEARED TO DISCUSS WITH THE BOARD A DRAFT OF A COVENANT THAT WAS
PREPARED BY MR. .JACOBS, AT THE REQUEST OF THE BOARD AT THE
JANUARY 24, 1973 MEETING, THIS COVENANT, IF APPROVED BY THE BOARD
WOULD ALLOW THIS LAND TO BE TAXED AS RECREATIONAL LAND AS STATED UNDER
FLORIDA STATUTE 19.3-501.
THIS COVENANT WAS PREPARED FOR A 10 YEAR PERIOD AND
WOULD ALLOW THE LAND TO BE USED BY THE LOS ANGELES DODGERS FOR
%WEEKS OF THE YEAR FOR SPRING TRAINING AND WOULD BE AVAILABLE
TO THE COUNTY FOR THE REMAINING PERIOD OF TIME FOR OUTDOOR
RECREATIONAL ACTIVITIES.
AFTER MUCH DISCUSSION THE BOARD REFERRED THIS BACK TO
THE COMMITTEE, CONSISTING OF MR. .JACOBS, ATTORNEY BURCH AND
COMMISSIONER SIEBERT, FOR FURTHER STUDY.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY ADOPTED THE
FOLLOWING AGREEMENT AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN.
+,
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AC; EEr;TENT
M
WHEREAS, the To:.°n of Indian river S1 ores, Florida is in
the process of providing a wastewatei treatment facility to service
the residents of the Town of Indian Fiver Shores, Florida; and
WH _1%EA S, the Enard of County Commissioners of Indian
River County, Florida, and the Tovrn Council of the Town of Indian
River whores, Florida, desire .to cooperate to the fullest extent in
relation to providing an acceptable plan for future wastewater treatment
facilities to coincide with the "Regional Plan" suggested by the Environ-
mental
nvironmental Protection Agency; and
WHEREAS, it is necessary for the Town of Indian River Shores,
Florida to immedintely proceed with facilities to service its residents.
MOW, TIJEREFORE, for and Inconsideration of the *rAutual
covenants and conditions herein contained, The Town of Indian -River
Shores, Florida, hereinafter referred to as "TOWN", and Indian River
County, Florida, hereinafter referred to as "COUNTY", hereby agree
as follows:
1. The TOWN shall be included in the COUNTY'S service area
under the regional concept as suggested by the Environmental,Protection
Agency and the COUNTY agrees to include the TOWN in its service
area in any agreements between itself and the City of Vero Beach, Florida.
2. The TOWN agrees that when and if the COUNTY provides
wastewater treatment facilities for COUNTY residents under said "Regional
Flan", the TOWN shall sell to the COUNTY at the COUNTY'S option its
complete wastewater treatment facilities and equipment at the fair market
value of said facilities and equipment at time of transfer. This sale shall
also include the land upon which said facilities and equipment are located.
If at the -time of sale there is a disagreement between the COUNTY and TOWN
as to tine fair mark -et value, then fair market value shall be determined
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(a 9.. �.4ef:br... wY Pu"� $a:v 6✓..lilII
NTY0
,c'8 eye a i
an aPL:rai^er aN :'fie^,too 1"y th2 two T.r,2v-101201Y mentioned mern'lo ers of
said OmmittCro
3. 'Phe COL�'M ft-,rees ti. -.at at suchtirre as said ciastetvater
trent :-`.nt .'aci-Iti is and equirim t arQ trans-ferrred to handle all sewor
service for &'.e TM'M at a rate of carts plus ten ger c mt
4. The TOWN ag: ecs that wh :n. and if ad valorem tax bonds
or revolnue bonds are sold to finance the construction of its proposed
wastedfater treatmeht Lacilitias, it will cause said Winds to ba executed.
and r.nade ia-1 such a. ir.innar that they vfill be assi ;moble to CGL'N's Y.
L-4 ta'JI i �dB: v5 J °s1 :EUI:, the duly aut1horl ed officials of the
County of 'Indian River, F'lorida'# and the Town of Indian River Shores,
Fjori-da, have executed this Agreement this h.__ clay of O /6
1913® -
INDIAN IVER CO 9F RID
By ze
G ;airrrn
County Commissioners
Attest:
(SEAL)
AarilOVED " U .FOR
iaounty Atta . bys inliinn-: ivcr Cbunty
TOWN&1,1, FLORIDA
r
Mayor
Atte
!'IONI +L er$.
(SEAL) _.
APPROVE D AS C1 FORINT:
_fir". .•
c:tirn �,tternLy, , i own c ii :: an Aivc:r vilarc3
B.J.MCCULLERSo PRESIDENT OF THE ASSOCIATION TO STOP
COUNTY—WIDE SEWER AND WATER APPEARED AND PRESENTED TO THE BOARD
COPIES OF LETTERS WRITTEN TO THE FARMERS HOME ADMINISTRATION AND TO
THE U.S. ENVIRONMENTAL PROTECTION AGENCY OPPOSING A COUNTY—WIDE
SEWER AND WATER SYSTEM; MR. MCCULLERS PRESENTED PETITIONS AGAINST
THIS SYSTEM SIGNED BY 2,624 INDIAN RIVER COUNTY RESIDENTS. THESE
PETITIONS WERE PLACED ON FILE IN THE CLERK`S OFFICE,
ATTORNEY BURCH INFORMED THE BOARD OF A REQUEST FOR TAX
EXEMPTION ON A PIECE OF PROPERTY WHICH INCLUDES A HOME, THAT WILL
BE GIVEN TO THE NATURE CONSERVANCY STATE ASSOCIATION WITH THE
STIPULATION THAT THIS PROPERTY WILL BE KEPT IN ITS NATURAL STATE,
THE ATTORNEY WILL INVESTIGATE THIS FURTHER.
ATTORNEY BURCH EXPLAINED TO THE BOARD THAT THE REPORT
TO THE OFFICE OF REVENUE SHARING FOR THE ENTITLEMENT PERIOD
BEGINNING JULY 1, 1973 TO JUNE 30, 1974 REGARDING THE COUNTY'S
PLANS TO EXPEND ITS REVENUE SHARING ALLOCATION, IN THE AMOUNT OF
$289,968.00, NEEDS TO BE CORRECTED AND TO BE READVERTISED, AS PER
THE LETTERS RECEIVED FROM THE OFFICE OF REVENUE SHARING.
IT WAS THE BOARD'S DECISION TO ALLOCATE THIS MONEY FOR
LAND ACQUISITION AND RECREATION FACILITIES.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY
COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE
ADVERTISEMENT FOR A PUBLIC HEARING OF A CORRECTED REVENUE SHARING
PLANNED USE REPORT FOR JULY 1, 1973 TO JUNE 30, 1974, IN THE AMOUNT
OF $289,968.00.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO PROCEED
WITH THE PAPER WORK INVOLVED IN ORDER TO PAY TAX CERTIFICATES HELD
IN THE ESTATE OF JOE L. BURTON, IN THE:AMOUNT OF $1,497.71.
ATTORNEY BURCH INFORMED THE BOARD OF A ROAD IN SUN ACRES
SUBDIVISION THAT WAS DEEDED TO THE COUNTY, BUT NEVER ACCEPTED BY THE
COUNTY. THIS ROAD HAS BEEN OFF THE,TAX ROLLS SINCE OCTOBER 28, 1964.
THIS ROAD WAS NEVER USED AS A ROAD AND HAS BEEN MAINTAINED BY THE
OWNER OF THE ABUTTING PROPERTY.
13 --
OCT 241973 FAct51
1
THE BOARD INSTRUCTED THE.COUNTY ADMINISTRATOR TO IN-
VESTIGATE THIS SITUATION.
ON MOTION BY COMMISSIONER•BOGOSIAN, SECONDED BY "M
COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ACCEPTED THE RESIGNATION
OF .JAY SMITH, CIVIL DEFENSE DIRECTOR, EFFECTIVE DECEMBER 1, 1973.
THE FOLLOWING LETTERS ARE HEREBY BEING MADE A PART OF
THESE MINUTES.
SVERDRUP & PARCEL AND ASSOCIATES, INC.
AND
BiEINDORF AND ASSOCIATES, INC.
(A .JOINT VENTURE)
September 21, 1973
Project No. 3942
Ms. Alma Lee Loy, Chairman
Indian River County
Board of County Commissioners
County Courthouse
Vero Beach, Florida 32960
Dear Chairman Loy:
Reference is made to our agreement with the County dated June 21,
1972.
Under Section V, paragraph b, payments to the engineer for additional
services are based upon the total payroll cost times a factor of 2.40.
Since the extent of the additional services has been much greater than
anticipated by either party, it is agreed that payment for all future ser-
vices under this project shall be based on the total payroll cost of our
personnel times a factor of 2.10 as a consideration of the volume of work
involved.
REPLY TO:
1706 SOUTH DIXIE HIGHWAY
POST OFFICE BOX 849
VERO BEACH, FLORIOA 32960 -
OCT 241973
Sincerely,
For the Joint Venture
David B. Smith
D
aures L. Be1ndorf
REPLY TO:
QrQ 2512 S.W. 347H STREET
GAINESVILLE, FLORIDA 32601
a
r
SVERDRUP & PARCEL AND ASSOCIATES, INC.
AND
PEINDORF AND ASSOCIATES, INC.
(A JOINT VENTURE)
September 27, 1973
Project No.
° Miss Alma Lee Loy, Chairman
Indian River County
Board of County Commissioners
1425 - 20th Street
Vero Beach, Florida 32960
Dear Miss Loy:
Enclosed herewith please find our letter with reference to Section V,
paragraph b, and payments to engineer for additional services. Dr.
Smith and I both feel that the County should be given a reduction in
the extra service fees inasmuch as we are running into so much extra
work. If you and the Commission concur with this thinking, I would
think a change in the contract would be in order.
Very truly yours,
ames.L. Beindorf
JLB:mk
Enc.
REPLY TO. REPLY T0:
( ) 1706 SOUTH DIXIE HIGHWAY - _ ( ) 2S12 S.W.34TH STREET
POST OFFICE BOX 849 _ - .i5 _ .. GAINESVILLE. FLORIDA 32601
- VERO BEACH, FLORIDA 32960 --<-
OCT 4 Boat 18 PAc,�.53
2 7
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY APPROVED AN
ADDENDUM TO THE AGREEMENT BETWEEN INDIAN RIVER COUNTY AND
SVERDRUP AND PARCELS AND ASSOCIATES, INC. AND BEINDORF AND ASSOC-
IATES, INC., AS STATED IN THE FOREGOING LETTERS,
COMMISSIONER MASSEY INFORMED THE BOARD OF A REQUEST
TO ABANDON A PORTION OF A ROAD GOING THROUGH ORCHID ISLE
SUBDIVISION THAT IS NOT BEING USED AND THE PROPERTY OWNERS IN
THIS SUBDIVISION HAVE AGREED TO THE ABANDONMENT OF THIS ROAD,
ON -MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY
COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY REFERRED THIS MATTER TO
THE ADMINISTRATOR FOR INVESTIGATION.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMIS-
SIQNER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED INCREASING ATTORNEY
BURCH'S SALARY AS FOLLOWS: $21,000.00=FOR ALL COMMISSION WORK EXCEPT
TRIAL WORK AND BOND WORK; $4,000.00 FOR ALL ZONING WORK EXCEPT TRIAL
WORK; $35.00 PER HOUR WHILE WORKING ON LAW SUITS AND $250.00 PER DAY
WHILE IN TRIAL, RETRO -ACTIVE AS OF OCTOBER 1, 1973.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER
BOGOSIAN, THE BOARD UNANIMOUSLY AUTHORIZED THE PREPARATION OF AN
AGREEMENT BETWEEN INDIAN RIVER COUNTY AND THE DIVISION OF FAMILY
SERVICES WITH REGARD TO THE PROPER PROCEDURE FOR THE USE OF
WELFARE DEPARTMENT VOUCHERS TO PURCHASE FOOD STAMPS IN LIEU OF CASH
AND THE PROCEDURE FOR BILLING THE COUNTY ON A MONTHLY BASIS; AND
AUTHORIZE THE SIGNATURE OF THE CHAIRMAN.
® 16
OCT 241973 f 860k. 1S fAcE154
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY
COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION
FOR ORVAL SHELTON FOR A PERMIT TO CARRY A FIREARM.
ON MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY
COMMISSIONER SIEBERT., THE BOARD UNANIMOUSLY APPROVED THE
STATE WITNESS PAYROLL FOR CIRCUIT COURT, FALL TERM, 1973, IN
THE AMOUNT OF $208.16: THE STATE WITNESS PAYROLL FOR THE CIRCUIT
COURT, SPRING TERM, 1973, IN THE AMOUNT OF $319.42.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY
COMMISSIONER DRITENBAS, THE BOARD UNANIMOUSLY APPROVED PAYMENT OF
ESTREATURED BOND TO CARL MCMILLAN, IN THE AMOUNT OF $100.00.
ON MOTION BY COMMISSIONER BOGOSIAN, SECONDED BY
COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED THE REQUEST
FOR OUT -OF -COUNTY TRAVEL FOR FORREST N. MCCULLARS, COUNTY EXTENSION
DIRECTOR TO HOMESTEAD, FLORIDA ON OCTOBER 23RD AND 24TH, 1973 AND
ALSO TO MIAMI, FLORIDA ON NOVEMBER 7TH THROUGH THE 9TH, 1973.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY
COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE REQUEST
FOR OUT -OF -COUNTY TRAVEL FOR ROY KIRKLAND, COUNTY FINANCE OFFICER
AND L. S. THOMAS, COUNTY FINANCIAL COORDINATOR ON NOVEMBER 15, 1973
TO ORLANDO, FLORIDA TO ATTEND A DEPARTMENT OF REVENUE SHARING
MEETING.
THE ADMINISTRATOR INFORMED THE BOARD OF A LETTER
RECEIVED FROM HENRY SMITH REQUESTING THE USE OF COUNTY OWNED BUILDING
IN GIFFORD, -TO BE USED BY AN ORGANIZATION KNOWN AS THE t°BROTHERHOOD
OF YOUTH".
THE BUILDING IS CURRENTLY BEING USED BY THE ECONOMIC
OPPORTUNITY COUNCIL AND THE ADMINISTRATOR WAS AUTHORIZED TO WRITE
TO MR. D. GROTEFEND REGARDING HOW AND IF THIS BUILDING IS STILL BEING
USED.
THE INDIAN RIVER COUNTY WELFARE DEPARTMENTS ANNUAL
REPORT HAVING BEEN RECEIVED IS HEREBY BEING MADE A PART OF THESE
MINUTES.
17 -
OCT 2 41973000x 1$ PAsE� 55
fi
�11
INDIAN RIVER COUNTY WELFARE DEPARTMENT
AnnualReport
October, 1972 -September, 1973
Telephone Calls..........................................................2,245
Office Visits ........................ ............... ..................2,165
Burials
We paid for one vault for a burial at the cost of $25.00.
Clothing
A large amount of clothing was donated to the Clothing Center this year. The
Clothing.Center served 371 families and 1,572 individuals.
Doctor Visits
Services were rendered to four people for doctor visits amounting to $40.00.
Donations
Donations for the year consist of twenty three chairs, twenty four bed sets, four
tables, one bedroom suite, nine couches, five dressers, two sets of dishes, three
chests, one cedar chest, one refrigerator, two bicycles, one bookcase, three lamp
shades,'braile Bible, four pair crutches, bed spreads, wheelchair and stove.
Women from Trinity Episcopal. Church sewed and donated thirty four dresses for
little girls.
Drugs_
Prescriptive medicine bought for 63 people in the total amount of $610.48.
Food
Food vouchers were given to 18 families in the amount of $232.50.
Canned food was given to 179 families.
Hospitalizations
We paid hospital bills for two medically indigent families which amounted to
$1834.14.
We paid the County share of $14,314.97 for hospitalizations of Medicaid patients
through August, 1973.
We paid the County share of $26,301.20 for Nursing Home patients with Medicaid
through August, 1973.
Housekeepers
Salaries to housekeepers totaled $225.00.
- 18
800 M ?Ac[ 1 56
� s r
_2_
Referrals .
Division of Family Services................................................602
Social Security.............................................................9
Legal Aid ......... • .......:.........................................•......21
Vocational Rehabilitation......................•............................7
County Judge.............o..................................................3
Health Department..........................................................63
Unemployment Office........................................................46
Employment Office ..................................................... o.....44
Census •oo•e.o...e..o••............ ...oe............. *............. . o........1
Veterans Office..................e..........................................1
Police Department......................................................... —1
Sheriffs' Department.................•......................................1
Red Cross o....o.o.oeaoe...o.......................................
Salvation Army .00a...e.o.oeo....o•.......a.o......e...........•............ 92
Ministerial Association....................................................66
Office Economical Opportunity ........... o. ..... o ............................2
Out of State Inquiries ......... e ...........................................16
Sunshine Rehabilitation.....................................................4
St. Lucie 9Pelfare.a.......a.e..•.see...e......e..ee........ee..a...a........2
St. Vincent de Paul ......a.......e...a....oa...••...•...• e. o• a...... e. a a.. e.l
TB Patients
We paid $56.93 for transportation for patients plus $27.88 for clothing.
Meetings attended this year by Mrs. Vigliano are as follows: Florida State
Association of County Welfare Executives in St. Petersburg last November;
Florida Health and Welfare conference in Tampa for one day in May; Florida
State Association of County Welfare Executives Meeting along with Division
of Family Services in Jacksonville on January 25th. and 26th.; Florida State
Association of County Commissioners and Association of County Welfare Executives
in Miami last September.
Christmas baskets were provided for 127 families through the generosity of the
Jaycees, clubs, organizations, churches and individuals. We supplied the Jaycees
with canned food to fill their baskets. We also gave the Jaycees a list of
75 names of children from needy families and they were taken on a Shopping
Spree.
® 19
OCT 2 41973 M -7
—3—
M
Toys were given to 310 children.,,
The National Honor Society donated 12,000 cans of food which were delivered on
December 15th.
$250 was donated to us from Colonel Winn (Winn Foundation) for Christmas. The
money was -received too late to be used for Christmas, but it was distributed
during the year for various needs for indigent clients and will be used for this
Christmas.
$660.60 was reimbursed the County for two liens that were satisfied.
—20®
THE FOLLOWING RESOLUTION No. 73-69 HAVING BEEN
FULLY SIGNED IS HEREBY BEING MADE A PART OF THESE MINUTES,
0
,j
OCT 241973
21 -
BOOK, .18. PAGE1 9
3
e
OCT 24 414973
m
R E S 0 L U T I O N No. 73-69
BE IT RESOLVED by the Board of County Commissioners of
Indian River County, Florida:
SECTION 1'
This Resolution shall be known and may be cited as "The
moorings Development Company, Sewer Franchise."
SECTION 2
For the purpose of this Resolution, the following terms,
phrases, words and their derivations shall have the meaning given
herein. When not inconsistent with the context, words using the
present terms include the future; words in the plural number in-
clude the singular and vice versa. The word "Shall" is always
mandatory.
(a) "County" is Indian River -County, a political sub-
division of the State of Florida;
(b) "Company" is the Grantee of the rights under this
franchise, that is, The Moorings Development Company;
(c) "Board" is the Board of County Commissioners of the
County;
(d) "Department" means the Indian River County Utilities
Department;
(e) "Person" is any person, firm, partnership, associa-
tion, corporation, company or organization of any kind.
(f) "Territory" means the area located in Indian River
County, Florida, outside the corporate limits of any municipality
as -the same is more particularly defined and described herein.
(g) "Utility" means water or sewer utilities serving
subdivisions, apartment and housing complexes, condominium, mobile
home or trailer parks, industrial complexes, shopping centers and
similar systems serving more than one building. "Utility" includes
wells, pumps, tanks, treatment facilities, distribution systems,
water meters, disposal facilities, force mains, pump stations, col-
lection systems, service lines and pipes, real estate and easements
-22a
WX 18'PAGE460
necessary to such systems and.includes every person, corporation,!^'
lessee, trustee or receiver owning, operating, managing or con-
trolling a utility system or proposing construction of a system or
who is providing or proposes to provide water or sewer service to
the public.
SECTION 3 -
There is hereby granted by the County to the Company the
exclusive franchise, right and privilege to erect, construct,
operate and maintain a sewer system within the prescribed terri-
tory as herein provided and for these purposes to sell sewerage
collection and treatment services within the territory and for
these purposes to establish the necessary facilities and equipment
and to lay and maintain the necessary lines, pipes, mains and other
appurtenances necessary therefor in, along, under and across the
public.alleys, streets, roads, highways and other public places
of the County; provided, however, that the County reserves the
right to permit the use of such public places for any and all
other lawful purposes and subject always to the paramount right
of the public in and to such public places.
SECTION 4
The territory in which this franchise shall be applicable
is all that part of Indian River County, Florida, located within
the following described boundary lines, to -wit:
All of Government Lot 1, excepting the North 50
feet thereof, Section 27, Township 33 South, Range
40 East, and all of Government Lot 1, Section 28,
Township 33 South, Range 40 East (including all of
The Moorings, Units 1 and 2, per plats thereof
filed in the office of the Clerk of the Circuit
Court of Indian River County, Florida); all of
Government Lot 2, Section 28, Township 33 South,
Range 40 East, and all of Government Lot 2,
Section 27, Township 33 South, Range 40 East
(including all of The Moorings, Units 1 and 2, per
plats thereof filed in the office of the Clerk of
the Circuit Court of Indian River County, Florida);
all of Government Lot 6, Section 21, Township 33
South, Range 40 East, lying Westerly of Floralton
Beach Subdivision (including all of The Moorings,
Unit 2, lying within said Government Lot); all of
Government Lot 5, Section 21, Township 33 South,
Range 40 East, lying Westerly of State Road A -1-A;
that part of Government Lots 2 and 3, Section 21,'
Township 33 South, Range 40 East, lying Westerly
of State Road A -1-A; and that part of Government
Lots 1 and 4, Section 21, Township 33 South, Range
40 East, lying Westerly of State Road A -1-A.
- 23 -
BOOK 18 PAC461
_ M
SECTION 5
Ve
The Company shall at all times during the life of this
franchise be subject to all lawful exercise of the police power
and regulatory authority of the County and to such regulation as
the County shall hereafter by resolution or ordinance provide.
SECTION 6
It is expressly understood and agreed by and between the
Company and the County that the Company shall save the County and
members of the Board harmless from any loss sustained by the
County on account of any suit, judgment, execution, claim or demand
whatsoever resulting from negligences on the part of the Company
in the construction, operation or maintenance under the terms of
this franchise. The parties agree that in the construction of
this section, the claim of any person resulting from negligence
on the.part of the Company may be prosecuted directly by such
person against the Company as if no governmental immunity accrued
to the County by virtues of the Company's use of a public place of
the County. The County shall notify the Company promptly after
presentation of any claim or demand.
SECTION 7
The Company shall maintain and operate its plant and
system and render efficient service in accordance with the rules
and regulations as are or may be set forth by the Board from time
to time. Additionally the Company shall comply with all require-
ments of the Department of Health and Rehabilitative Services,
Division of Health, the Department of Pollution Control and appro-
priate planning agencies relative to construction, design, operation,
capacity, maintenance and expansion. The right is hereby reserved
to the County to adopt, in addition to the provisions herein con-
tained and existing applicable resolutions or laws, such additional
regulations as it shall find necessary in the exercise of the police
power and lawful authority vested in said County, provided that
such regulations shall be reasonable and not in conflict with the
rights herein granted and not in conflict with the laws of the
State of Florida. The County shall have the right to supervise
all construction or installation work performed and to make such
24
'Book 18 imaiu2
OCT 2 41973
inspection as it shall find necessary to insure compliance with all
governing regulations. Upon the termination of this franchise, the
Company shall grant and deliver to the County, upon demand of the
County, all of its facilities, system, easements and rights appur-
tenant thereto (except the treatment'plant and the site for same)
lying within Indian River County without charge to the County. In
the event any part or all of the territory covered by this franchise
shall be hereinafter incorporated in the limits of any municipality
of the State of Florida, then in such event the Company agrees as
a part of the consideration of the granting of this franchise that
said municipality is herewith granted the right, power and authority
to acquire all the property, assets and facilities of the Company
used in its services under this franchise. The amount to be paid by
the City to the Company shall be determined under the law of the
State of Florida provided in eminent domain proceedings.
SECTION 8
Company shall commence construction of its sanitary sewer
treatment and collection system within six (6) months from date,
otherwise the franchise created hereby shall become void and of
no further force or effect. All the facilities of the Company
shall be constructed only in accordance with plans and specifications
approved by the State Board of Health of the State of Florida
and the quantity and quality of sewerage treatment shall at all
times be and remain not inferior to the rules, regulations and
standards now or hereafter adopted by the State Board of Health.
Whenever it is necessary to shut off or interrupt services for
the purposes*of making repairs or installations, the Company shall
do so at such time as will cause the least amount of inconvenience
to its consumers and unless such repairs are unforeseen and immediately
necessary, it shall give reasonable notice thereof to its customers.
SECTION 9
a. The Company shall have the authority to promulgate
such rules, regulations, terms and conditions covering the conduct
of its business as shall be reasonably necessary to enable the
- 25 -
BOB ?ac�
OCT �.
2 41973 0j
Company to exercise its rights and perform its obligations under ,,
b.
this franchise, and to issue an uninterrupted service to such and
all of its consumers; provided, however, that such rules, regula-
tions, terms and conditions shall not be in conflict with the
provisions hereof or with the laws of the State of Florida and
all of the same shall be subject to the approval of the Board.
b. At all.times herein where discretionary power is left
with the Board of County Commissioners, the Company, before dis-
cretionary action is taken by the Board of County Commissioners,
can request said Board that a group of arbitrators be authorized
to determine such discretionary action and such group shall con-
sist of:
1. Consulting Engineers
2. Company Engineer
3. One person selected by the two above persons.
The Board of Arbitrators so authorized and constituted shall make
recommendations to the Board of County Commissioners but such re-
commendations are not mandatory.
Any final decision the arbitrators or Board may have, with
respect to this franchise, can be appealed to the Circuit Court of
Indian River County by either party.
All pipes, mains, lift stations, pumps, valves and other
fixtures laid or placed by the Company shall be so located in the
public places in the County as not to obstruct or interfere with
any other uses made of such public places already installed. The
Company shall whenever practicable avoid interfering with the use
of -any street, alley or other highway where the paving or surface
of the same would be disturbed. In case of any disturbance of
pavement, sidewalk, driveway or other surfacing, the Company shall
at its own cost and expense and in a manner approved by the County
Engineers, replace and restore all such surface so disturbed in as
good condition as before said work was commenced and shall maintain
the restoration in an approved condition for a period of one year.
in the event that any time the County shall lawfully elect to alter
or change the grade of or relocate or widen or otherwise change any
26 4
OCT 2 41973 ao�� 18 gar'
such public way, the Company shall, upon reasonable notice by the:
County, remove, relay and relocate its fixtures at its own expense.
The Company shall not locate any of its facilities nor do any con-
struction which would create any obstructions or conditions which
are or may become dangerous to the traveling public. In the event
any such public place under or upon which the Company shall have
located its facilities shall be closed, abandoned, vacated or dis-
continued, the Board may terminate such easement or license of the
Company thereto, provided, however, in the event of this termination
of easement, any person, except the County, requesting such termi-
nation shall pay to the Company, in advance, its costs of removal
and relocation of the removed facilities in order to continue its
service as theretofore existing, or the County shall retain an
easement not less than ten feet in width for the benefit of the
Company and its facilities.
SECTION 11
The Company shall not as to rates, charges, services
facilities, rules, regulations or in any other respect make or
grant any preference or advantage to any person nor subject any
person to any prejudice or disadvantage, provided that nothing
herein shall prohibit the establishment of a graduated scale of
charges and classified rate schedule to which any consumer coming
within such classification would be entitled.
SECTION 12
a. The Company shall furnish, supply, install and make
available its sewer collection and treatment system to any and all
persons within the territory making demand therefor, and shall
provide such demanding person with its services and facilities
within 90 days from the date of such demands provided, however,
that the Board may, upon application of the Company, extend the
time for providing such service to such demanding person. In the
event the Company fails to provide its services and facilities to
any area within the territory within the time provided, then in
such event the County may by resolution of the Board limit, re-
strict and confine the territory to that area then being serviced
by the Company or such greater area as the Board shall determine
and thereafter the territory shall be the only area set forth,
® 27
OCT 2 419' BooK 1$�c5
_ M
defined and provided by the Board and the provision of this franZp
chise shall not extend beyond the limits of the area so restricted
and defined.
b. The Company shall not be required to furnish, supply,
install and make available its sewer collection and treatment system
to any person within the territory as,.hereinafter set forth, unless
the same may be done -at such a cost to the Company as shall make
the addition proposed, financially and physically feasible.
Financially feasible shall mean that with a fair and reasonable
rate to be charged by the Company for all the services under this
franchise, to the end, that such rate will produce to the Company
a sum sufficient to meet all necessary costs of the services; in-
cluding a fair rate of return on the net valuation of its property
devoted thereto, under efficient and economical management. The
burden,of showing that a prospective service to the area is not
financially feasible shall be the burden of the Company.
SECTION 13
The Company shall not sell or transfer its plant or system
to another nor transfer any rights under this franchise to another
without the approval of the Board and provided, further, that no
such sale or transfer after such approval shall be effective until
the vendee, assignee or lessee has filed with the Board an instru-
ment in writing reciting the fact of such transfer and accepting
the terms of this franchise and agreeing to perform all of the
conditions thereof. In any event this franchise shall not be
transferrable and assignable until notice or request for transfer
and assignment shall be given by the Company to the Board in
writing, accompanied by a request from the proposed transferee,
which application shall contain information concerning the finan-
cial status and other qualifications of the proposed transferee
and such other information as the Board may require. A public
hearing shall be held on such request of which notice shall be
given by publication in a newspaper regularly published in the
County at least one time not more than one month nor less than one
week preceding such hearing. Certified proof of publication of
_T,8"
OCT 2 41973
such notice shall be filed with the Board. Said hearing may thee 6-
after be.continued from time to time as determined by the Board.
The Board will, however, approve or disapprove such sale or trans-
fer within ninety (90) days from the date of said public hearing.
The consent by the Board to any assignment of this franchise shall
not unreasonably be withheld.
SECTION 14
The rates,charged by the Company for its service hereunder
shall be fair and reasonable and designed to meet all necessary
costs of the service, including a fair rate of return on the net
valuation of its properties devoted thereto under efficient and
economical management. The Company agrees that it shall be subject
to all authority now or hereafter possessed by the County or any
other regulatory body having competent jurisdiction to fix just,
reasonable and compensatory rates. When this franchise takes
effect, the Company shall have authority.to charge and collect not
to exceed the following rates:
1. Sewer service to dwelling unit: $8.50 per month per
unit for kitchen and one bathroom; an additional $4.00 per month
for each additional bathroom or laundry or toilet having a connection,
directly or indirectly, to Company's sewer lines.
2. Sewer service to commercial or other facilities than
dwelling units:
a. Hotels, motels or other facilities offering tran-
sient or guest accommodations: Minimum charge of $20.00 per month
plus $4.00 per month per bathroom in excess of five (for facilities
offering food service as well as accommodations, see below for
additional charges).
b. Restaurants, bars, clubs and other facilities pro-
viding food or drink as primary services: Minimum charge of $20.00
per month, plus $4.00 per month additional for each 20 seats, or
any fraction thereof, in excess of 20.
- c. All other commercial facilities: Minimum charge
of $20.00 per month, plus an additional $4.00 per month for each
room in excess of two having a connection, directly or indirectly,
to Company's sewer lines.
29 -
OCT 2 41973
r.
ROOK 1's PA E1.67
SECTION 16
The County shall have access at all reasonable hours to
all of the Company's plans, contracts, engineering data, accounting,
financial, statistical, consumer and service records relating to
the property and the operation of the Company and to all other
- 30 -
OCT 2 4 1973 1.8 a�:E GB i1
Company's rates shall at all times be subject to the review and
• approval of Indian River County's Board of County Commissioners and
no change may be made by Company in the basis of its rates without
first making application therefor and public hearing thereon.
SECTION 15
Each separate building or structure which is connected to
the Company's sewer system by a separate service connection and which
is served with a metered water service shall be required to pay one
connection charge even when held in ownership common to that of an
adjoining building or structure.
1. Connection charges.
The Company shall charge and collect from each owner
or occupant of all individual residences, condominium units, coopera-
tive apartments, or other structure or premises connecting with the
Company's sewer system a connection charge. Such connection charge
shall be in the amount of Six Hundred ($600.00) Dollars.
2. Schedule of Service Connection Charges.
a. Residential - Each residential unit, which is
hereby defined as single family residence, rental apartment, condo-
minium unit, cooperative apartment shall pay the basic connection
charge as herein set forth.
b. Motels and Hotels - Motels and hotels shall pay
the basic residential unit service connection charge plus 25% of
the basic residential service connection charge for each additional
rental unit over and above one.
c. Commercial - Commercial establishments shall pay
the basic residential service connection charge for each six (6)
plumbing fixtures or fraction of six (6) plumbing fixtures con-
tained therein.
d. Other connections not outlined herein shall be
considered as commercial connections.
SECTION 16
The County shall have access at all reasonable hours to
all of the Company's plans, contracts, engineering data, accounting,
financial, statistical, consumer and service records relating to
the property and the operation of the Company and to all other
- 30 -
OCT 2 4 1973 1.8 a�:E GB i1
records, required to be kept hereunder, and it shall file such ac-
counting reports and data with the County when required.
SECTION 17
The Company shall at all times maintain public liability
and property damage insurance in such ammounts as shall be required
from time to time by the Board in ad-6ordance with good business
practices as determined by safe business standards as established
by.the Board for the protection of the County and the general public
and for any liability which may result from any action of the
Company. The County shall be named as an additional insured on
all such policies of insurance. if any person serviced by the
Company under this franchise complains to the Board concerning
rates, charges and/or operations of such utility and the Company,
after request is made upon it by the Board, fails to satisfy or
remedy such complaints or objections or fails to satisfy the Board
that said complaint or objection is not -proper, the Board may
thereupon, after due notice to such utility, schedule a hearing
concerning such complaint or objection and the Board may review
the rates and charges set and charged by the Company for the ser-
vices which it furnishes or the nature and character of the service
it furnishes or the quality or services furnished. If the Board
enters its order pursuant to such a hearing and the Company feels
it is aggrieved by such order, the Company may seek review of the
Board's action by proceedings in the Circuit Court of the County;
otherwise, the Company shall promptly comply with the order of the
Board.
SECTION 18
Should the Company desire to increase any charges hereto-
fore established and approved by the Board, then the Company shall
notify the Board in writing, setting forth a schedule of rates and
charges which it proposes. A public hearing shall be held on such
request, of which notice shall be given by publication in a news-
paper regularly published in said County at least one time not
more than one month nor less than one week preceding such hearing.
Certified proof of publication of such notice shall be filed with
the Board. Said hearing may thereafter be continued from time
- 31 -
OCT 241911 K. eoox 8 �a'70,69
_ M
to time as determined by the.Board. The Board will, however, apo
prove or disapprove said increase in rates -within ninety (90)
days of said public hearing. If the Board enters order pursuant
to said hearing and the Company or any person feels aggrieved by
such order, then the Company or such person may seek review of the
Board's action by proceedings in the -"Circuit Court of the County.
Prior to the Company placing any of its facilities in
any of the public places as herein authorized, the Company shall
make application to and obtain a permit from the Indian River
County Utilities Department authorizing said construction. The
County shall have the right when special circumstances exist to
determine the time in which such construction shall be done.
If the Company fails or refuses to promptly and faith-
fully keep, perform and abide by each and all of the terms and
conditions of this franchise, then the Board shall give the Com-
* pany.written notice of such deficiencies or defaults and a reasonable
time within which the Company shall remedy the same, which notice
shall specify the deficiency or default. If the Company fails
to remedy such deficiency or default within the time required by
the notice from the Board, the Board may thereafter schedule a
hearing concerning the same with reasonable notice thereof to
the Company and after such hearing at which all interested parties
shall be heard, the Board may further limit or restrict this fran-
chise or may terminate and cancel the same in whole or in part if
proper reasons therefor are found by the Board. If the Board enters
order pursuant to such hearing and the Company or any other person
feels aggrieved by such order, the utility or such other person may
seek review of the Board's action by proceedings in the Circuit
Court of the County.
SECTION 21
No landowner shall be required to hook up or use the
sewerage collection and treatment services as provided in this
franchise, provided, however, if such landowner requests services
and purchases services from the Company, then the provisions of
this franchise shall apply to such landowner and the land involved.
- 32 -
OCT 241973 -+�
• „ " B00{(18 SAE � t
This franchise shall not affect, limit or restrict the rights orZ6'
privileges as set forth and contained in any license issued to
any utility heretofore granted by the Board pursuant to Section
125.42, Florida Statutes.
SECTION 22
The franchise and rights herein granted shall take effect
and be in force from'and after the time of the adoption of this
resolution by the Board and shall continue in force and effect until
such time as the County or the City of Vero Beach, a municipal
corporation of the State of Florida, within the territory of this
franchise, may install or acquire its own sewerage collection and
treatment system and supplies the same to individual customers at
which time, Company will convey all of its facilities (except for
sewer treatment plant) and easements for location of same as Company
may own, free and clear of all liens or mortgages, to said County
or City without charge; provided, however, that within sixty days
from the time of the adoption of this resolution, the Company shall
file with the Board its written acceptance of this franchise and
all of its terms and conditions and provide further that if such
acceptance is not filed within the time specified, then the pro-
visions of this franchise shall be null and void.
If any word, section, clause or part of this resolution
is held invalid, such portion shall be deemed a separate and in-
dependent part and the same shall not invalidate the remainder.
IN WITNESS WHEREOF, the Board of County Commissioners of
Indian River County, Florida, has caused this franchise to be exe-
cuted in the name of the County of Indian River by the Chairman of
the Board of County Commissioners, and its seal to be affixed and
attested by its Clerk, all pursuant to the resolution of the Board
of County Commissioners adopted on the �}J�day of e , 1973.
sealed`nd delivered
umsence f :
COUNTY NDI .ER, F IDA
By : i1 a
As Chairman of the Byk of
County Commissioners
Attest: ,C�6•<��4.,,��'�!��(1�;r�
Ckbrk
33 -
OCT 241973 flook 18 -wA I71
ACCEPTANCE OF FRANCHISE
The Moorings Development Co., a Florida corporation, does
hereby accept the foregoing franchise and for itself and its suc-
cessors and assigns, does hereby covenant and agree to comply with
and abide by all of the terms, conditions and provisions therein
set forth and contained.- `
DATED this day of (0e. /LLtL) , 1973.
THE MO14Z
LOP N 0.
By :
7
re
Attest
(Corp. Seal)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Notary Public, State of Florida at
Large. My Commission expires:
110TARY PUBLIC.: -,r -f rLeRIDA at LARGE
BY COMMISSION G•i':;t:S JUNE lx 1976
""I) D By INTERSTATE FIRE INS. &a7
vr
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: GENERAL FUND
No. 1432 - 1477 INCLUSIVE: ROAD AND BRIDGE FUND NO, 0855 - 0870
INCLUSIVE: FINE AND FORFEITURE FUND N0. 0574 - 0585 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 7:10 O'CLOCK P.M.
ATTEST:
LERK LHAIRMAN