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HomeMy WebLinkAbout3/24/1976a THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA,•ON WEDNESDAY, MARCH 241 1976, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLARD W. SIEBERT, JR., CHAIRMAN; WILLIAM C. WODTKE, SJR., VICE -.CHAIRMAN; ALMA LEE Loy, EDWARD J. i MASSEY AND EDWIN S. SCHMUCKER. ALSO PRESENT WERE JACK G. .JENNINGS, COUNTY ADMINISTRATOR; I.. S. "TOMMY" THOMAS, COUNTY COORDINATOR; GEORGE G. COLLINS, .JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; .JACK HOCKMAN, FINANCE OFFICER, AND VIRGINIA HARGREAVES, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER LOY LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND HERBERT A. OWENS OF THE VERO CHRISTIAN CHURCH GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THEME WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF MARCH 10, 1976. COMMISSIONER SCHMUCKER STATED THAT ON PAGE 2, 6TH PARAGRAPH, THE WORD "RELIED" SHOULD BE CORRECTED TO READ REPLIED." COMMISSIONER SCHMUCKER REQUESTED THAT ON PAGE 3, THE PHRASE "TO SERVE ON THE ELECTION CANVASSING BOARD" BE ADDED TO THE 7TH PARAGRAPH, COMMISSIONER REQUESTED THAT ON PAGE 20, 1ST PARAGRAPH, THE LAST LINE BE CHANGED TO READ "STARTED ON A POSITIVE PROGRAM, I THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER MASSEY , SECONDED EY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED I THE MINUTES OF THE REGULAR MEETING OF MARCH 10, 1976, AS WRITTEN. CHAIRMAN SIEBERT INTRODUCED DR. PAULINE CALLOWAY, SUPERVISOR OF • I THE UNIVERSITY OF FLORIDA EXTENSION SERVICE, AND TOM MACCUBBIN, WHO IS BEING I� CONSIDF_RED FOR THE POSITION OF COUNTY EXTENSION DIRECTOR. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED RETRO -ACTIVE APPROVAL OF THE APPLICATION OF t. 'I WILLIAM MCCAIG FOR ADMISSION TO THE A. G. HOLLEY STATE HOSPITAL. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED ISSUING DUPLICATE TAX SALE CERTIFICATES TO THE FOLLOWING: LOUIS DELLERMAN AND TOM DELLERMAN EXECUTORS FOR j THE ESTATE OF LOUIS N. DELLERMAN - TAX SALE CERTIFICATE NUMBERS 57, 220 AND 238. F,. P." ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SCHMUCKER, U THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLLS, CIRCUIT COURT, FALL TERM, 1975, IN THE TOTAL AMOUNT OF $191.12. REPORT OF CONVICTIONS, COUNTY COURT FOR THE MONTH OF FEBRUARY, 1976, WAS RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK. j s L.S. "TOMMY" THOMAS, COUNTY COORDINATOR, REPORTED ON A*REQUEST z FROM THE SEBASTIAN VOLUNTEER FIRE DEPARTMENT AND AMBULANCE SQUAD FOR 15 POCKET PAGERS MADE IN A LETTER WRITTEN BY .JOY SNELL, CAPTAIN OF THE AMBULANCE SQUAD. HE STATED THAT THIS IS A REQUEST FOR MATCHING FUNDS, IN THE AMOUNT OF $1,251.92 AND HE FEELS IT IS A WORTHWHILE PROJECT. HE ALSO POINTED OUT THAT IF WE DO NOT USE THE MONEY, EVENTUALLY EMERGENCY MEDICAL SERVICES WILL REQUEST IT BE RETURNED. CHAIRMAN SIEBERT STATED THAT HE HAD BEEN INFORMED THAT THESE WERE TWO-WAY PAGERS, WHICH HE FELT WERE UNNECESSARY, AND IN ADDITION, WOULD DOUBLE THE COST, HE CONTINUED THAT HE ALSO FELT THE POSSIBILITY OF MATCHING FUNDS FROM THE MUNICIPALITY INVOLVED SHOULD BE CONSIDERED. COMMISSIONER Loy STATED THAT ONE OF THE MAIN FUNCTIONS OF OUR EMERGENCY MEDICAL SERVICES ADVISORY COMMITTEE IS TO INDICATE TO US THE PRIORITIES FOR NEEDS IN THE WAY OF EQUIPMENT IN THE COUNTY, AND SHE FELT THIS REQUEST SHOULD BE REFERRED TO THEM. COMMISSIONER MASSEY SAID HE FELT EVERY EFFORT SHOULD BE MADE TO ACCOMMODATE THE VOLUNTEERS. ` AFTER FURTHER DISCUSSION, IT WAS AGREED TO REFER THIS REQUEST TO THE EMERGENCY MEDICAL SERVICES ADVISORY COMMITTEE. DANA HOWARD APPEARED REPRESENTING ALBERT GERVAIS AND REQUESTING FINAL APPROVAL OF GERVAIS SUBDIVISION. COMMISSIONER SCHMUCKER INFORMED THE BOARD THAT HE HAD A CONFLICT OF INTEREST AND WOULD ABSTAIN FROM VOTING. HE PREVIOUSLY FILED AN AFFIDAVIT WITH THE CLERK, IN REGARD TO THIS CONFLICT OF INTEREST, AS FOLLOWS: A F F I D A V I T EI LED JEC •'.1975 RAI. H MRI CLERK INDI i•iv- 1- Y STATE OF FLORIDA s CLERK COUNTY OF INDIAN RIVER Before me, the undersigned authority, personally appeared EDWIN S. SCHMUCKER, of 2695 Whippoorwill Lane, Vero Beach, Florida, who says: 1. This affidavit is given pursuant to Florida Statues Chapter 112:313 which provides standards of conduct for officers and employees of state agencies, counties, cities and other political subdivision, legislators and legislative employees. 2. That I am a duly elected County Commissioner of Indian River County, Florida, and that in addition to my duties as County Commissioner, I am a licensed professional engineer in Florida and engage in private practice as a consulting engineer. 3. That I am the President of TOTAL DEVELOPMENT, INC., a Florida Corporation in good standing which corporation has represented the clients: Mr. Joe Roschach, Sunquest, Inc., to request a replat of Westgate Colony, Unit II for land described as follows: The North 196 feet of Tract 2 as recorded in Plat Book 5, Page 84, Indian River County and Mr. Alvert Gervais, Gervais Subdivision, to request for tentative approval for land described as follows: A resubdivision of Lot 35 & 36, A.A. Berry's Subdivision of Section 21 of the Fleming Grant, according to Plat filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, Page 14; said land lying and being in Indian River County, Florida. 4. The decision for the replat and tentative approval for Sunquest, Inc. and Gervais Subdivision will be referred to the Board of County Commissioners for their action on said replat and approval at which time the affiant proposes s to abstain from voting because of the above conflict of interest. A-706- i Sworn to and subscribed before me this ay of>LG1: s 1975• An"IZ-11 EDWIN S. SCHMUCKER NOTARY PUBLIC, STATE F FLORIDA AT LARGE My commission expires: Ngtary Public, State of Florida at Large ..... My My Commission Expires August 15, 1918 r rr `r a 11 1 /� 4 O+ �' A'i La�aaal••1 � h,'.°. 4110.•1e. t. r )i. 1163 RID,%'llriHliHlly}• r m COMMISSIONER SCHMUCKER LEFT THE ROOM WHILE GERVAI'S SUBDIVISION WAS UNDER DISCUSSION. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THE REVISIONS RE- QUESTED BY THE SUBDIVISION REVIEW COMMITTEE HAVE BEEN MADE. DISCUSSION FOLLOWED IN REGARD TO DRAINAGE. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER WODTKE, CHAIRMAN SIEBERT AND COMMISSIONER-LOY VOTED IN FAVOR, THE BOARD GRANTED FINAL APPROVAL TO GERVAIS SUBDIVISION SUBJECT TO THE DRAINAGE INFORMATION BEING SHOWN ON THE FINAL PLAT, COMMISSIONER SCHMUCKER RETURNED TO THE MEETING. JIM ODOM APPEARED AND REQUESTED THAT THE COUNTY PAVE 5TH PLACE BETWEEN LOTS 5 AND 13 IN HICKORY SANDS SUBDIVISION. THE ADMINISTRATOR INFORMED THE BOARD THAT THIS WOULD BE ABOUT 500 FEET OF PAVING AND MR. ODOM, WHO OWNS LOTS 5 THROUGH 13, HAS OFFERED TO PAY FOR THE COST OF THE MATERIALS IF THE COUNTY WILL DO THE PAVING. HE WILL THEN CONTACT THE RESIDENTS ON THE REMAINDER OF THE STREET TO SEE IF THEY WOULD BE WILLING TO PAY FOR THE PAVING OF THE REMAINDER OF THE STREET OUT TO OLD DIXIE HIGHWAY. THE ADMINISTRATOR CONTINUED THAT THIS IS A DEDICATED ROAD AND THE COUNTY ALREADY MAINTAINS IT SO THERE WOULD NOT BE MUCH PREPARATION INVOLVED. CHAIRMAN SIEBERT FELT IT WOULD CAUSE SOME PROBLEMS IF WE PAVED ONLY PART OF THE ROAD, EVEN AT MR, ODOM'S EXPENSE. IT WOULD BE FAR BETTER TO PAVE THE WHOLE ROAD AT ONE TIME. f COMMISSIONER MASSEY NOTED THAT THERE ARE QUITE A FEW SUBDIVISIONS LIKE THIS IN THE COUNTY AND WE HAVE MONEY IN THE BUDGET FOR ONLY A MINIMUM MAINTENANCE SCHEDULE. ADMINISTRATOR JENNINGS SAID HE FELT ANY TIME WE ARE ABLE TO GET A FOOT OF ROAD PAVED IN THE COUNTY, WE SHOULD DO IT, AND STATED ONCE A ROAD IS PAVED, IT REQUIRES MUCH LESS MAINTENANCE. COMMISSIONER WODTKE REQUESTED THAT MR. ODOM MEET WITH THE ADMINISTRA- TOR TO ESTABLISH COSTS AND THEN GET TOGETHER WITH THE OTHER PROPERTY OWNERS AND COME BACK AT THE NEXT MEETING. HE STATED THAT HE IS BASICALLY IN FAVOR OF THE REQUEST, BUT WOULD LIKE TO ALLOW TIME TO WORK WITH THE OTHER PROPERTY OWNERS ON THE STREET BEFORE MAKING A FINAL DECISION. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY AGREED TO TABLE MR, ODOM'S REQUEST UNTIL THE NEXT MEETING FOR ACTION AT THAT TIME. DEAN LUETHJE OF BEINDORF & ASSOCIATES APPEARED REPRESENTING EDWARD - �� 4 , KARR AND ASKING FOR FINAL APPROVAL OF BREEZY VILLAGE MOBILE HOME SUB- DIVISION - UNIT 1. THE ADMINISTRATOR SAID THIS HAD.GONE BEFORE THE. SUBDIVISION REVIEW COMMITTEE AND ALREADY HAS SITE PLAN APPROVAL, ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER MASSEY,� THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL TO BREEZY VILLAGE.MOBILE HOME SUBDIVISION, UNIT 1. JUIN DRAGAVON NEXT APPEARED REQUESTING RELEASE OR ABANDONMENT OF THE PARK AREA ADJOINING LOT 25, MELROSE GARDENS SUBDIVISION, COMMISSIONER LOY ASKED THE ADMINISTRATOR TO EXPLAIN THE DIFFERENCE BETWEEN THIS REQUEST AND A PREVIOUS ONETHAT HAD BEEN MADE SOME TIME AGO BY MR. & MRS, GEORGE RYMER AND MR. AND MRS, GERALD YOUNG. THE ADMINISTRATOR EXPLAINED THAT THE PREVIOUS REQUEST HAD BEEN TO RELEASE THE 20 FOOT EASEMENT AND MOVE THE DRAINAGE DITCH OVER INTO THE CENTER OF THE PARK, WITH THE RYMERS AND YOUNGS ASSUMING THE EXPENSE OF MOVING THE DITCH, THE BOARD DID GO THROUGH LEGAL PROCEDURE OF ABANDONMENT AND THE DITCH WAS MOVED AT THE EXPENSE OF THE RYMERS AND YOUNGS. THE ADMINISTRATOR CONTINUED THAT ALL THAT IS LEFT NOW IS 20 FEET OF PARK NEXT TO THE 20 FOOT EASEMENT AND THIS CONSEQUENTLY HAS RESULTED IN A VERY RESTRICTED AREA OF PARK BEING LEFT NEXT TO THE LOT OF MR,.AND MRS. DRAGAVON, ATTORNEY COLLINS SAID HE UNDERSTOOD THAT THE PROBLEM WAS NOT ONLY THE NOISE CREATED BY THE CHILDREN, BUT THE FACT THAT THEY ARE ACTUALLY SPILLING OVER ONTO MR. DRAGAVON'S PROPERTY BECAUSE THE PARK IS SO SMALL, HE CONTINUED THAT HE FELT THE BOARD SHOULD BE MADE AWARE THAT THERE IS OPPOSITION TO THIS REQUEST. MRS. ESTER RYMER CALLED HIM STATING THAT SHE IS OPPOSED TO ANY ABANDONMENT OF THIS PARK. CHAIRMAN SIEBERT STATED THAT HE HAD ALSO RECEIVED A CALL FROM MRS. HAROLD JOINES OPPOSING ABANDONMENT OF THE PARK AREA, AND NOTED THE QUESTION BEFORE THE BOARD TODAY IS WHETHER TO HAVE A PUBLIC HEARING REGARDING SUCH AN ABANDONMENT. MR. DRAGAVON ASKED IF HE COULD POSSIBLY BUY THIS PROPERTY FROM THE ;. COUNTY. COMMISSIONER Loy INFORMED HIM THAT THIS COULD ONLY BE DONE ON A BID BASIS AND WOULD HAVE TO GO TO THE HIGH BIDDER. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY AGREED TO TABLE THIS MATTER UNTIL THE NEXT MEETING SO THAT ADDITIONAL INFORMATION CAN BE SECURED. CHAIRMAN SIEBERT INFORMED THE BOARD THAT ADMINISTRATOR .JENNINGS HAS VERY GRACIOUSLY OFFERED TO DONATE TO THE COUNTY A COOKING RANGE TO BE PLACED OUT AT THE COUNTY MAINTENANCE GARAGE ON SOUTH GIFFORD ROAD AND A REFRIGERATOR TO BE PLACED IN THE COFFEE ROOM IN THE COURTHOUSE. THE ADMINI— STRATOR NEEDS PERMISSION TO USE A COUNTY VEHICLE SOME SATURDAY IN ORDER TO TRANSPORT THESE ITEMS. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy, THE BOARD U;,ANIMOUSLY GRANTED THE ADMINISTRATOR PERMISSION TO USE A COUNTY VEHICLE TO TRANSPORT THE DONATED ITEMS. CHAIRMAN SIEBERT ASKED THE BOARD'S PERMISSION TO BRING UP AN ITEM THATA S NOT ON TODAY'S AGENDA, HAVING TO DO WITH THE RIGHT—OF—WAY FOR THE PROPOSED 17TH STREET BRIDGE. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED THAT DISCUSSION OF THE 17TH STREET BRIDGE BE ADDED TO THE AGENDA, G CHAIRMAN SIEBERT STATED THAT HE FELT THE TIME HAS COME FOR THE COUNTY COMMISSION TO TAKE SOME KIND OF AFFIRMATIVE ACTION TO ASSURE THE {i{ CONTINUED PROGRESS OF THE CONSTRUCTION OF A BRIDGE AT THE 17TH STREET SITE, i I AND HE WOULD LIKE TO SEE SOME ACTION ON THE PART OF THE COMMISSION THAT WOULD AUTHORIZE THE DEPARTMENT OF TRANSPORTATION TO PROCEED, IF NECESSARY, ALL THE WAY TO CONDEMNATION. IN DISCUSSION IT WAS POINTED OUT THAT NEGOTIATIONS FOR ALL RIGHTS— OF—WAY HAVE BEEN COMPLETED, WITH THE EXCEPTION OF THE ONE BARBARA JENKINS IS., APPEALING, THE DESIGN OF THE ROAD HAS BEEN APPROVED AND THE RIGHT—OF—WAY IS d� PAID FOR OUT OF THE SECONDARY ROAD FUND. CHAIRMAN SIEBERT POINTED OUT THAT IF WE TAKE THIS ACTION, IT DOES a f?. NOT PRECLUDE THE CITY OF VERO BEACH FROM DEDICATING THE RIGHT—OF—WAY TO THE COUNTY, WHICH WE, IN TURN, WOULD TURN OVER TO THE D.O.T. HE STATED HIS GREAT CONCERN IS THAT WE WILL GET INTO A POSITION THROUGH LAWSUITS WHERE THE FUNDS THAT ARE NOW AVAILABLE FOR THE 17TH STREET BRIDGE WILL BE RELOCATED TO ANOTHER PROJECT SOMEWHERE ELSE IN THE STATE. HE CONTINUED THAT THE PURPOSE OF THIS ACTION WOULD BE TO LEAVE NO DOUBT IN ANYONE'S MIND THAT WE ARE DOING EVERYTHING POSSIBLE TO PUT A BRIDGE AT 17TH STREET AND GET IT IN THE CON— STRUCTION STAGE AS QUICKLY AS POSSIBLE. COMMISSIONER Loy STATED THAT SHE SHARES THE CHAIRMAN'S CONCERN IN REGARD TO THE FUNDS THAT ARE AVAILABLE AND FEELS THIS IS THE MOST IMPERATIVE PROJECT WE HAVE, SHE CONTINUED THAT SHE WOULD LIKE TO URGE THAT THE NEGOTI- ATING PROCEED IMMEDIATELY BETWEEN THE CITY OF VERO BEACH AND THE D.O.T. IN RE- GARD TO THE RELOCATION OF UTILITIES. COMMISSIONER WODTKE ASKED IF THE D.O.T. HAS THE RIGHT TO NEGOTIATE ON THE PART OF THE COUNTY. ATTORNEY COLLINS ASSURED HIM THAT THEY DID AND URGED THAT THE COUNTY CONCENTRATE ON THE FOCAL POINT, WHICH IS THE BRIDGE, EXERT EVERY EFFORT TO EFFECTUATE THE BRIDGE CROSSING; AND LEAVE THE OTHER NEGOTIATIONS TO THE D.O.T. AND THE CITY. DISCUSSION FOLLOWED ON WHAT THE RESOLUTION SHOULD STATE, AND IT WAS AGREED THAT IT SHOULD AUTHORIZE THE D.Q.T. TO IMMEDIATELY PROCEED IN WHATEVER THEY FEEL IS THE BEST WAY TO ACCOMPLISH THE SECURING OF THE RIGHT- OF-WAY INCLUDING THE USE OF THE POWER OF EMINENT DOMAIN. ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO ADOPT RESOLUTION NO. 76-20 TO BE DRAWN BY THE ATTORNEY AS OUTLINED IN THE PRECEDING DISCUSSION REGARDING COOPERATION WITH THE D.O.T. IN SECURING THE RIGHT-OF-WAY FOR THE 17TH STREET BRIDGE AND AUTHORIZED THE CHAIRMAN TO SIGN THE RESOLUTION AS PREPARED BY THE ATTORNEY AND FORWARD COPY TO THE CITY OF VERO BEACH ASKING THEIR IMMEDIATE COOPERATION. - ¢ 5A 1 7 79. RESOLUTION NO. 76 - 20 WHEREAS, on April 3, 1973, the City of Vero Beach by Resolution No. 2429 recognized the urgent need for a new bridge spanning the Indian River, and; WHEREAS, the City of Vero Beach by its Resolution further recog- nized that the delay caused by traffic congestion attempting to cross the Merrill P. Barber Bridge impeded the safety of citizens and visitors on both sides of the Indian River, and; WHEREAS, the City Council of the City of Vero Beach resolved to urge the County Commissioners of Indian River County to secure a bridge within the earliest possible time and to support the bridge corridor decision, which would guarantee a bridge as soon as possible, and, WHEREAS, the City Council of the City of Vero Beach petitioned the County Commissioners to act with all deliberate speed in selecting the site and ensuing rapid completion of the bridge, and; WHEREAS, on April 4, 1973, by Resolution No. 73-27, the County Commissioners of Indian River County, Florida approved the Seventeenth ,(17th) Street location for the bridge corridor, based on the citizen support for the location and recommendation of the Department of Transportation, and; WHEREAS, during the ensuing Three (3) year period, over Thirty (30) State and Federal studies have been made to meet the various governmental criteria for bridge construction, the Seventeenth (17th) Street bridge corridor has been approved by all necessary governmental agencies, a commitment ex - needing Fifteen Million Dollars ($15, 000, 000.00) has been designated for bridge construction purposes, and Right -of -Way Contract 88003-2501 has been ex- ecuted between the Department of Transportation and Indian River County, and, WHEREAS, request of the City of Vero Beach has been made to convey bridge corridor Right -of -Way to Indian River County over City owned - _ I a MAR,'2 4 1976 property, and; WHEREAS, the City of Vero Beach and the Department of Transpor- tation are presently stalled in negotiations over utility relocation and other matters which have resulted in the City of Vero Beach's failure to.convey the much needed Right -of -Way for the bridge corridor, and; WHEREAS, the County Commissioners of Indian River County desire to protect the Fifteen Million Dollar ($15, 000, 000. 00) allocation of funds, to alleviate the traffic congestion that is impeding the safety of Indian River County Citizens, to encourage the orderly development of the County, and to continue to grant the construction of a second bridge over the Indian River a position of highest priority. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the Department of Transportation of the State of Florida is hereby authorized to negotiate, purchase, or condemn, if necessary, the Right -of -Way owned by the City of Vero Beach pursuant to Right -of -Way Contract 88003-2501, and; BE IT FURTHER RESOLVED that the Department of Transportation is to proceed with all deliberate speed to conclude the procurement of the designated Right -of -Way, and to begin construction of the much needed second bridge across the Indian River. �k$��kk'6�kX�k�k�ka'�Kc;c�c�kgc�c Such Resolution shall become effective as of the 24th day of March , 1976. Attest: Zy Ralph ary s, Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By / Chafrmdn �r�^ 181.T' i ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS RESOLUTION N0. 76-18 AMENDING RESOLUTION N0. 76-16 IN REGARD TO AN EASEMENT FOR THE ACCESS ROAD FOR THE YOUTHFUL FIRST OFFENDER PRISON BY ADDING A PARAGRAPH RELATING TO MAINTENANCE ASSISTANCE TO BE GIVEN BY THE COUNTY IN PICKING UP SPOIL. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY APPROVED RESOLUTION N0. 76-18. u ' ' r— ! � / ' | ' ' RESOLUTION NO. 76- 18 ' AMMI0G DEGOlUrIU0 NO. 76-16 i ' WHEREAS, the State of Florida is constructing u Youth- ful First Offender Facility in Indian River County; and � WHEREAS, access to the Youthful First Offender Facility ' is in part over land within the Indian River Farms Water Manage- mant District; and � . ^ ' WHEREAS, the access road constructed for the Facility / shall be turned over to Indian River County for maintenance; and " WHERE&S Indian River County requests the Indian River / ' | Farms Water Management District to grant an Easement to Indian � ! ' River County over property described as follows: ' Beginning at the Southeast corner of Section 26, Township 33 South, Range 38 East, run North 890 31,1 ^ ^ 36" West, 50.00 feet on the South boundary line of said Section 25 to the TRUE POINT OF BEGINNING on '~- the West right of way line of the Indian River Farms Drainage District as such right of way is indicated ' on the last known plat of the Indian River Farms ^ Company filed in Plat Book 2, page 25, public records of St. Lucio County, Florida (now Indian River County); ' thence, run North O oZB' 24" East, 5324.17 feet on the West boundary of said right of way to the North bound- ary of said Section 25; , thence, run South 890 301 OG" East, 15.20 feet on the North line of Section 25; thence, run South Om 3- 3B" West, 5324.17 feet to the South line of Section 25; thence,. run run North 890 31' 36" West, 8.65 feet to the � | 3rue Point of Beginning. �- | being i Said land containing 1.457 acres, and s it t ua e ! in the County of Indian River, State of Florida. � | NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY ! . . COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that upon the ' . | Indian River Farms Water Management District granting the Easement � as requested herein, and the State of Florida constructing the access road as per approved plans, that Indian River County will � accept the maintenance responsibility for said access road. . . ` . - � � 0��8� �� � ��� ~ �N��/ ��^� ���KN ?��� �� �/[��� ����� V��,�' �-_ ` 111, I o i I I BE IT FURTHER RESOLVED that Indian River County shall I' agree to furnish trucks to assist the Indian River Farms Water Management District in the picking up of spoil along the canal right of way adjacent to the above described Easement and that such assistance shall be given not more than once a year by the Count,.,. r This Resolution shall become effective as of the C 24th day of March , 1976. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA B Villard W. Slebert,Jr., C-ha,,* n ,.' Attest: Ralph F rris, Clerk THIS RESOLUTION ADOPTED MARCH 24, 1976, 0 i . y i f� I � MARI:2 4197:6 . r `'� ,.184 CHAIRMAN SIEBERT INFORMED THE BOARD THAT THE YOUTH GUIDANCE VOLUNTEER PROGRAM IS IN NEED OF A PROJECT DIRECTOR, AND COMMISSIONER Loy s HAS AGREED TO SERVE IN THIS CAPACITY. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPOINTED COMMISSIONER LOY AS PROJECT DIRECTOR OF THE YOUTH GUIDANCE VOLUNTEER PROGRAM. ADMINISTRATOR JENNINGS REPORTED THAT HE HAD WRITTEN JOHN WILSON, DISTRICT TRAFFIC OPERATIONS ENGINEER, FOR THE.D.O,T, ASKING FOR HIS COMMENTS IN REGARD TO THE TRAFFIC PATTERN AROUND THE PROPOSED MIDDLE .JUNIOR HIGH SCHOOL SITE AT THE INTERSECTION OF STATE ROAD 512 AND STATE ROAD 520. HE HAS ALSO TALKED WITH MARVIN CARTER, ENGINEER, AND THE SOIL CONSERVATION PEOPLE IN REGARD TO DRAINAGE FOR THE AREA. THIS HAS NOT YET BEEN WORKED OUT, BUT IS MAINLY A PROBLEM OF WORKING OUT THE PROPER EASEMENTS, CHAIRMAN SIEBERT STATED AS SOON AS AN ANSWER IS RECEIVED FROM .JOHN WILSON, THE BOARD THEN CAN GIVE ITS COMMENTS TO THE SCHOOL ON THIS SUBJECT. THE ADMINISTRATOR NEXT INFORMED THE BOARD THAT HE HAD RECEIVED A LETTER FROM AMERICAN TELEPHONE AND TELEGRAPH LONG LINES WHO ARE PLANNING TO INSTALL AN UNDERSEAS COMMUNICATIONS CABLE FROM VERO BEACH TO ST. THOMAS, VIRGIN ISLANDS. THEY MERELY WISH IT CONFIRMED THAT NO FORMAL ACTION IS RE— QUIRED FROM THE COUNTY IN REGARD TO THIS INSTALLATION, AND THE ADMINISTRATOR STATED THAT HE DID NOT BELIEVE ANY FORMAL ACTION WAS REQUIRED. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY INSTRUCTED THE ADMINISTRATOR TO ADVISE A.T. & T LONG LINES THAT NO FORMAL ACTION IS REQUIRED OF THE COUNTY AND THEY HAVE NO OB— JECTIONS TO THIS INSTALLATION AS LONG AS IT MEETS THE REQUIREMENTS OF ALL THE APPROPRIATE GOVERNMENTAL AGENCIES. THE HOUR OF 10:30 O'CLOCK A.M. HATING PASSED, THE DEPUTY CLERK READ '4 i THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO WIT: It 14 2 41976 1 1 f ra 2,5 9 -6 4 VERO BEACH PRESS -JOURNAL I s 14 2 41976 1 1 f ra 2,5 9 -6 4 VERO BEACH PRESS -JOURNAL NOTICE ` NOTICE IS HEREBY GIVEN Published Weekly that TREASURE COAST UTILITIES, INC., a Florida Vero Beach, Indian River County, Florida corporation, will Commissioners of Indian River County at its regular meeting in the County Courthouse COUNTY OF INDIAN RIVER: of said County at 10:30 A.M., :March 24th, 1976, at which time STATE OF FLORIDA and place the County Commission Before the undersigned authority personal) a y ppeared J. J, Schumann, Jr, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper will hear the application of Treasure Coast Utilities, Inc., for that published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being approval of assignment of certain water and sewer franchise llUTICe known as "Southern Gulf Utilities -Water and Sewr Franchise" a dated February 6e 1960, and for a s�^^OGtTI1�''4//tN A/�D revision of the existing rate and hook-up charges authorized in the matter of _(a4k4,je ZZ7A.I &S thereunder. The legal description of the areas embraced . by the existing franchise and the proposed rate and hook-up charges are as follows: Legal Description: That part of Section 24, Township 33 South, In the Cour, was pub- Range 39 East, Indian River County, Florida, Bordered on the North by The Indian River Farms l A lashed in said newspaper in the issues of _Z�Lmc Y -Drainage District South Relief Canal; on the West by the Indian River Farms Drainage District Lateral J, Canal; on the South by Oslo Road; on the East by the Old Dixie Highway; also, Including Affiant further says that the said Vero Beach Press -Journal is a newspaper published at that part of Section 19, Township 33 South, Range 39 East, Lying North Vero Beach, in said Indian River County, and that the said newspaper has heretofore of Oslo Road and West of'Old Dixie been continuously published in said Indian River County, Florida, weekly and has been entered Highway; the South 660 Feet of the as second class mail matter at the post office in Vero Beach, in said, Indian River County, Florida North 975.70 Feet of the Southwest for a period of one year next preceeding the first publication of the attached copy of adver- Quarter of the Southeast Quarter 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- of Section 24, Township 33 South, Range 39 East, Lying West of the tisement for publication in the said newspaper. Lateral J. Canal; that portion of Dixie Gardens Subdivision Unit 4, Sworn to and subscribed before me this y f eN A 19/7(0 as p River PCounttyk y Public 4icRecords, lying East of the Old Dixie High- way; and that part of Section 13, Township 33 South, Range 39 East, (Business Manager) lying South of the South Relief Canal and East of the Lateral J. Canal and West of the Old Dixie Highway, all of the above lying in i 4S AL) (Clerk oft trcuit Court, Indian River County, Florida) ;Indian River County, Florida. Proposed Rates and Hook-up Charges: Monthly Water Quantity Rates: First 2,M Gallons (Minimum) J_ $5.00; Each Additional 1,000 Gallons, $1.75; Water Hook-up and ATTORNEY STEVEN HENDERSON APPEARED REPRESENTING ConnectionMonthlySehwerr argeServiice0Rates: Up to 5,000 Gallons, 125 percent of TREASURE COAST UTILITIES, INC. ACCOMPANIED BY LOWELL water charge; 5,000 to 9,000 Gallons, 5,000 gallon rate plus 100 percent of water charge over 5,000 gallons; 9,000 to 12,000 Gallons, LOHMAN, PRESIDENT OF TREASURE COAST UTILITIES`, INC$ 9,000 gallon 7500 over 9,0s gallons; -water charge over 9,000 gallons; water charge 12,000 Gallons and Over, 12,000 12,000 ATTORNEY HENDERSON EXPLAINED THAT TREASURE COAST gallon ratewater gallonsusSopercent ; Hook-up and Connection Charge, UTILITIES IS A LOCAL UTILITY COMPANY FORMED ABOUT THREE f00Treasure Coast utilities,. TO FOUR YEARS AGO. HE NOTED THAT MR. LOHMAN, A LONG Inc. Byatsteve L. Henderson .secretary Mar. 4, 1976. TIME RESIDENT OF THE AREA IS ALSO PRESIDENT OF INDIAN RIVER UTILITIES, AND FELT HIS EXPERIENCE AND THAT OF TREASURE COAST UTILITIES SPEAKS FOR ITSELF$ MR. HENDERSON CONTINUED THAT THEY ARE ASKING FOR AN ASSIGNMENT OF THE EXISTING SOUTHERN GULF UTILITIES WATER AND SEWER FRANCHISE (FORMERLY KNOWN AS ECOLOGICAL UTILITIES) AND CONCURRENTLY WITH THAT, A RATE INCREASE$ HE EX— PLAINED THAT THERE IS PRESENTLY AN OPERATING WATER SYSTEM AND A SEWER SYSTEM THAT IS UNDER CITATION BY THE STATE. TREASURE COAST UTILITIES INTENDS TO GO 14 2 41976 1 1 f ra 2,5 9 -6 r" IN AND INSTALL A NEW SEWER SYSTEM WITH A 50,000.GALLON PER DAY SEWAGE TREAT- MENT PLANT AT THE SITE OF THE OLD PLANT AND HAVE RECEIVED COST ESTIMATES OF ABOUT $70,500.00 HE STATED THAT THERE HAS BEEN NO REQUEST FOR A RATE INCREASE SINCE THE FRANCHISE WAS GRANTED IN 1960, AND UNDER CURRENT CIRCUMSTANCES, THEY ARE INCURRING A SUBSTANTIAL ANNUAL LOSS ON OPERATIONS. ATTORNEY HENDERSON FURTHER POINTED OUT THAT THE RATES TREASURE COAST UTILITIES IS REQUESTING ARE THE SAME AS THOSE GRANTED ABOUT THREE MONTHS AGO TO LAUREL HOMES, INC. HE PRESENTED THE BOARD WITH A PROFIT AND LOSS STATEMENT FROM SOUTHERN GULF UTILITIES SHOWING THE NET ANNUAL LOSS INCURRED AND NOTED THAT WITHOUT THE RATE INCREASE THE PROPOSED $70,000 PLANT CANNOT BE INSTALLED AND THE CITATION WILL REMAIN IN EFFECT, CHAIRMAN SIEBERT ASKED ATTORNEY HENDERSON TO EXPLAIN THE PROFIT AND LOSS STATEMENT PRESENTED IN REGARD TO DIXIE GARDENS. ATTORNEY HENDERSON EXPLAINED THAT SOUTHERN GULF UTILITIES IS A MUCH LARGER OPERATION THAN TREASURE COAST UTILITIES AND POSSIBLY SOME OF THEIR COSTS WOULD BE SLIGHTLY DIFFERENT FROM AN ADMINISTRATIVE POINT OF VIEW, BUT FELT THE SAME TYPE OF COSTS WOULD BE OCCURRING REGARDLESS OF SIZE. ATTORNEY HENDERSON THEN INTRODUCED MR. ED WORSEN, EXECUTIVE ASSISTANT TO THE PRESIDENT OF SOUTHERN GULF UTILITIES. MR. WORSEN STATED THAT THE LOSS FOR THE YEAR 1975 WAS OVER $10,000 IN REGARD TO THE SEWER SYSTEM AND OVER $9,000 FOR THE WATER, OR A LOSS OF APPROXIMATELY $20,000 FOR 1975. L.S. "TOMMY" THOMAS, COUNTY COORDINATOR STATED THAT HE COULD NOT CONSIDER THIS REPORT ADEQUATE TO BASE ANY JUDGMENT ON AS IT IS NOT EVEN CERTIFIED. MR. WORSEN REPLIED THAT HE DID BELIEVE THIS IS AN AUDITED REPORT AS IT IS DONE BY THE FIRM THAT PREPARES THE FINANCIAL REPORT FOR SOUTHERN GULF. THIS REPORT, HOWEVER, IS PART OF THE TOTAL COMPANY AUDIT. THE FRANCHISE UNDER CONSIDERATION TODAY IS ONLY ONE OF THEIR SMALLER SYSTEMS AND IT IS HARD TO PICK OUT FIGURES APPLYING JUST TO THIS OPERATION. CHAIRMAN SIEBERT STATED THAT WE HAVE JUST RECEIVED THESE FIGURES AND CANNOT EVEN UNDERSTAND THEM AS THEY ARE PRESENTED. MANY QUESTIONS FOLLOWED IN REGARD TO ADMINISTRATIVE EXPENSES, WHICH IT WAS FELT SEEMED TO BE A DISPROPORTIONATE PERCENTAGE OF GROSS INCOME. 15 a R 2 4 19:76 A��' .x..187 COMMISSIONER WODTKE ASKED IF THERE IS ANY WAY THE BOARD CAN BE SUPPLIED WITH FACTUAL INFORMATION ON THE DIRECT COSTS INVOLVED WITH THE OPERATION OF THIS PARTICULAR PLANT - I,E „ THE REVENUE FOR WATER, FOR SEWER, THE NUMBER OF PEOPLE ON HOOK-UPS, MANAGEMENTS COSTS, ETC., IN A SIMPLE FORM THAT WE CAN BASE A DECISION ON AS WE NEED SOMETHING TO SUBSTANTIATE TO THE PEOPLE THE NEED FOR A RATE INCREASE, COMMISSIONER Loy STATED THAT WE CAN'T BASE OUR DECISION ON THE FIGURES PRESENTED, WHICH ARE VIRTUALLY UNREADABLE, MR, WORSEN NOTED THAT THESE ARE FIGURES OF SOUTHERN GULF UTILITIES WHICH COULD BE ENTIRELY DIFFERENT FROM THOSE OF THE NEW COMPANY AND POINTED OUT THAT SOUTHERN GULF IS ONLY INTERESTED IN HAVING THE COMMISSION APPROVE THE TRANSFER OF THE FRANCHISE TO TREASURE COAST UTILITIES, CHAIRMAN SIEBERT STATED THAT IT IS UNFORTUNATE THAT THE TRANSFER OF FRANCHISE AND RATE INCREASE ARE LUMPED TOGETHER, AND ACTUALLY TREASURE COAST UTILITIES CANNOT REQUEST A RATE INCREASE WHEN THEY DON IT HAVE THE ASSIGNMENT, HE INFORMED ATTORNEY HENDERSON IF WE GIVE YOU THE ASSIGNMENT, WE CANNOT GUARANTEE A RATE INCREASE AND ASKED IF MR, LOHMAN WAS WILLING TO TAKE HIS CHANCES ON A RATE INCREASE AFTER THE TRANSFER, ATTORNEY HENDERSON STATED THAT THEY FELT THE PLANT WOULD BE VIRTUALLY UNWORKABLE WITHOUT A RATE INCREASE, BUT THEY ARE UNDER AN OBLIGATION TO ACCEPT THE ASSIGNMENT, HE THEN ASKED IF THE COMMISSION COULD JUST TRANSFER THE ASSIGNMENT OF FRANCHISE AND DEFER DISCUSSION ON THE RATES UNTIL MORE INFORMATION IS PROVIDED, ATTORNEY COLLINS INFORMED THE BOARD THAT PROCEDURALLY THIS CAN BE ACCOMPLISHED AND STATED HE FELT BOTH ISSUES SHOULD BE CONSIDERED SEPARATELY, DISGUSSION FOLLOWED IN REGARD TO THE SPECIFIC AREA COVERED IN THE FRANCHISE, AND MR, WORSEN STATED THAT IT INCLUDED CARIBBEAN CIRCLE AND SOME OF WHISPERING PALMS, BUT IS IS PREDOMINATELY DIXIE GARDENS, 16 a ATTORNEY HENDERSON STATED THAT THEY HAD SENT OUT NOTICES OF THIS PUBLIC HEARING TO 160 CUSTOMERS. ATTORNEY COLLINS INFORMED ATTORNEY HENDERSON THAT THE PUBLIC HEARING CAN BE CONTINUED AND IT IS NOT STRICTLY NECESSARY TO RE- ADVERTISE, BUT HE WOULD SUGGEST THAT IT BE RE -ADVERTISED, IN FURTHER DISCUSSION, IT WAS NOTED THAT THERE MIGHT BE SOME IN THE AUDIENCE WHO WOULD NOT BE ABLE TO ATTEND A LATER MEETING. CHAIRMAN SIEBERT ASKED IF THERE WERE ANY IN THE AUDIENCE WHO • WISHED TO SPEAK WHO WOULD BE UNABLE TO ATTEND THE APRIL 7TH MEETING, HERBERT PATTON, OF'643 5TH ST., S. W., STATED HE HAD NO OBJECTION TO A TRANSFER OF THE FRANCHISE AND WOULD NOT EVEN COMPLAIN IF THEY ASKED FOR A 100% INCREASE IN THE RATES, BUT CANNOT FEEL THE - RATES BEING PROPOSED CAN BE JUSTIFIED. HE ALSO FELT THE FINANCIAL �-. STATEMENT PRESENTED DID NOT ACCURATELY PRESENT THE PICTURE WITH REGARD TO THEIR PARTICULAR SYSTEM, ° R. I. STARR, OF 714 5TH ST., S.W., POINTED OUT TO THE BOARD THAT HE HAD JUST RECEIVED THE NOTICE ATTORNEY HENDERSON"SAID WAS MAILED OUT. HE STATED IT WAS WRITTEN ON THE 15TH BUT NOT MAILED UNTIL THE 22ND., AND HE FELT MANY MORE PEOPLE WOULD BE PRESENT IF THEY HAD RECEIVED THIS NOTICE SOONER. HE ALSO STATED THAT THE WATER IS VILE, x AND PEOPLE IN WHISPERING PALMS HAVE TO BUY DRINKING WATER. MATTHEW GOOD,.•]R., OF 763 5TH ST., S. W., STATED HE FELT IF - - THE TRANSFER OF ASSIGNMENT"AND THE RATE INCREASE WERE CONSIDERED SEPARATELY, IT WOULD BE AN ADVANTAGE TO THE NEW OWNERS AS THEY WOULD ' ONLY HAVE TO PRESENT PROJECTED FIGURES, AND HE WOULD PREFER TO HAVE A BREAKDOWN OF THE PREVIOUS FIGURES IN REGARD TO THIS PARTICULAR SUBDIVISION. MATTHEW GOOD, SR., OF 733 5TH ST., S. W., PRESENTED SOME ; COMPARISON FIGURES WITH REGARD TO THE RATES OF THE CITY OF VERO BEACH .. AND STATED THAT HE FEELS THE INCREASE REQUESTED IS OUTRAGEOUS AND SHOULD i i • BE DENIED. I i 17 MAR 2 4 1976 ALEX RAUDONIS, OF 724 STH ST., S. W. NOTED AGAIN THAT EVERYONE WAS NOT PROPERLY NOTIFIED; THAT THE WATER WAS VERY BAD; AND FELT A RATE INCREASE SHOULD BE PUT OFF UNTIL NEXT OCTOBER OR NOVEMBER WHEN SOME EXPERIENCE HAS BEEN GAINED. -COMMISSIONER Loy STATED THAT DUE TO THE PROBLEM THAT HAS ARISEN IN REGARD TO THE NOTIFICATION OF THE UTILITY CUSTOMERS, SHE CONCURRED WITH ATTORNEY COLLINS THAT THE PUBLIC HEARING SHOULD BE READVERTISED. SHE CONTINUED THAT SHE WOULD LIKE TO DEFER THE HEARINGS WITH REGARD TO BOTH THE `TRANSFER OF THE FRANCHISE AND THE RATE INCREASE AS SHE DID NOT FEEL THAT ENOUGH MATERIAL HAS BEEN PRESENTED TO JUSTIFY THE' INCREASE THAT IS BEING REQUESTED AND WOULD LIKE TO HAVE MORE INFORMATION ON THE FINANCIAL BACKGROUND OF TREASURE COAST UTILITIES. AFTER FURTHER DISCUSSION, MOTION WAS MADE BY COMMISSIONER Loy, AND SECONDED BY COMMISSIONER MASSEY TO READVERTISE A PUBLIC HEARING TO BE HELD ON THE TRANSFER OF SOUTHERN GULF UTILITIES WATER AND SEWER FRANCHISE TO TREASURE COAST UTILITIES, -INC., AT 11:00 O'CLOCK A. M. ON WEDNESDAY, APRIL 7, 1976, AND TO READVERTISE A PUBLIC HEARING IN REGARD TO A RATE INCREASE FOR 1:30 O'CLOCK P. M. ON WEDNESDAY, APRIL 7,1976. DISCUSSION FOLLOWED ON POSSIBLY HOLDING THE HEARING LATE IN THE 9 DAY SO WORKING PEOPLE COULD ATTEND. COMMISSIONER Loy STATED SHE FELT TWO WEEKS ALLOWED AMPLE TIME FOR THE PEOPLE TO GET TOGETHER AND APPOINT K SOMEONE TO REPRESENT THEM. THE CHAIRMAN CALLED FOR THE QUESTION. CHAIRMAN SIEBERT AND COMMISSIONERS Loy, MASSEY AND SCHMUCKER VOTED IN FAVOR; COMMISSIONER WODTKE VOTED IN OPPOSITION BECAUSE OF THE TIME SET FOR THE HEARINGS; AND THE MOTION CARRIED. ATTORNEY RICHARD BOGOSIDAN APPEARED ACCOMPANIED BY BOB SHUTTS, ENGINEER, AND PRESENTED A PROPOSED ORDINANCE CREATING THE LAURELWOOD SUBDIVISION STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT. AT THE MARCH LOTH MEETING THE BOARD MOVED TO CLOSE THE PUBLIC HEARING HELD ON THIS MATTER AND AGREED TO CONTINUE DISCUSSION IN REGARD TO ADOPTING THE PRO- POSED ORDINANCE AT TODAY'S MEETING. CHAIRMAN SIEBERT INFORMED THE BOARD THAT ATTORNEY COLLINS HAS REVIEWED THE PROPOSED ORDINANCE AND FOUND IT TO BE IN PROPER ORDER. HE THEN POINTED OUT TO ATTORNEY BOGOSIAN THAT THERE COULD BE A PROBLEM IN TIMING AS THE COUNTY WOULD BE RECEIVING BILLS FOR LIGHTING BEFORE COLLECTING ANY REVENUE FROM THE MILLAGE LEVY, ATTORNEY BOGOSIAN STATED THAT THE COUNTY MAY HAVE TO BORROW MONEY IN ADVANCE, COUNTY COORDINATOR, L. S, "TOMMY" THOMAS NOTED THAT THE TIMING IN ROCKRIDGE STREET LIGHTING DISTRICT CAUSED THIS PROBLEM, TOO, AND THE COUNTY HAD TO BORROW MONEY FOR ALMOST A YEAR, CHAIRMAN SIEBERT ASKED IF I MILL WILL BE ENOUGH TO COVER THE COST, MR. BOGOSIAN REPLIED THAT HE THOUGHT IT WOULD BASED ON THE LIGHTING DISTRICTS ESTABLISHED IN BREVARD COUNTY, HE CONTINUED THAT WITH A TAXING DISTRICT, FLORIDA POWER & LIGHT BEARS THE EXPENSE OF INSTALLATION AND LIGHTS WILL NOT BE PUT IN THE UNDEVELOPED LAND, THE DEVELOPER WILL HAVE TO PAY THE TAXES ON THE UNSOLD LOTS IN THIS UNIT, AND SO FAR THERE ARE SIX LIGHTS FOR ABOUT 30 HOMES, DISCUSSION FOLLOWED, AND COMMISSIONER WODTKE FELT IT WOULD BE v BETTER TO ALLOW Z MILLS, } ATTORNEY BOGOSIAN NOTED THAT THE DEVELOPER WILL HAVE TO COME TO THE BOARD TO GET AUTHORITY TO PUT IN MORE.LIGHTS, • 4 ATTORNEY COLLINSSTATED ACTUALLY THE DISTRICT WILL CONTRACT WITH FLORIDA POWER & LIGHT, HE CONTINUED THAT WE ARE NOT GOING TO BE ABLE TO LEVY ANTHING UNTIL AFTER .JANUARY IST SO WHAT DO YOU ANTICIPATE HAPPENS IN BETWEEN NOW AND .JANUARY IST? G ATTORNEY BOGOSIAN SUGGESTED IF THE BOARD WERE RELUCTANT TO BORROW, THE COMPANY WOULD BE WILLING TO CARRY THIS UNTIL THE FIRST OF THE YEAR, BUT HE POINTED OUT THAT TAXES WILL NOT BE COLLECTED UNTIL THE FOLLOWING NOVEMBER AND YOU WOULD STILL HAVE TO CARRY IT NEXT YEAR, �i ATTORNEY COLLINS SUGGESTED FIGURING OUT AN ANTICIPATED COST AND HAVING LAUREL HOMES, INC., POST THAT AMOUNT, 19 DISCUSSION FOLLOWED IN REGARD TO ANTICIPATED COSTS, WHICH WERE ESTIMATED AT APPROXIMATELY $1,000, AND MR. SHUTTS STATED HIS COMPANY WOULD BE WILLING TO POST SUCH AN AMOUNT, CHAIRMAN SIEBERT ASKED IF ANYONE IN THE AUDIENCE WISHED TO BE HEARD.. THERE WERE NONE. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADO, TED ORDINANCE No. 76-5 SUBJECT i TO THE TAX LEVY BEING INCREASED TO READ NOT TO EXCEED TWO MILLS" AND SUBJECT TO A SATISFACTORY AGREEMENT BETWEEN THE TAXING DISTRICT AND THE DEVELOPER ASSURING FUNDS AVAILABLE FOR PAYMENT OF ALL DEBTS INCURRED PRIOR TO COLLECTION OF TAXES. AN ORDINANCE CREATING THE LAURELWOOD SUBDIVISION STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT: DEFINING THE BOUNDARIES OF SAID TAXING UNIT: AUTHORIZING THE LEVY BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA OF A TAX NOT TO EXCEED TT40 (2) MILLS Oil ALL THE REAL AND TAXABLE PROPERTY WITHIN SAID TAXING UNIT: PROVIDING FOR THE ADOPTION OF A BUDGET AND THE ASSESSMENT, LEVY AND CO_.LECTION OF SUCH TAXES WITHIN SAID TAXING UNIT: PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 75-63, Laws of Florida, 1975, clarifies the power of a non-charter county to levy ad valorem ° taxes within the constitutional limits fixed for municipal pur- poses within a municipal service taxing unit created under Section 125.01 (1)(q), Florida Statutes; 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 service taxing unit for any part or all of the unincorporated area of the county within which may be provided street lighting from funds derived from taxes within such unit only; s NOW, THEREFORE, be it ordained by the Board of County Commissioners of Indian River County, Florida, as follows: ARTICLE 1. A new Ordinance of the Code of Indian River County, Florida, is hereby adopted to read as follows: ARTICLE 11. STREET LIGHTING MUNICIPAL SERVICE TAXING UNIT: There is hereby created the Laurelwood Subdivision Street Lighting Municipal Service Taxing Unit under the authority of Section 125.01, Florida Statutes. The boundary of said municipal service taxing unit shall be as follows: The West 10 -34 -acres of Tract 3, and all of Tract 6, except the 'South 10 acres of the Last 20 acres of said Tract 6, Section 14, TownshiT) 33 aouth, Range 39*Last, according to -the last general plat of lands of the Indian River Farms Companv, filed in the office of the Clerk Of the Circuit Court of St. Lucie County, A ori da, in Flat nook 2, Page 25i•said land now lying and being; in Indian River County, Florida. F.W1k PARCEL ONE. The N 1/2 of'West 20.49 acres of Tract 5, Section 14, Township 33 South, Range 39 East, according to the last general plat of lands of the Indian River Farms Company 'filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2,page 25;' said land -now lying and being in Indian River County, i Florida.. LESS AND EXCEPT property as described in deed to the State of Florida for the use and benefit of the State Road Department of Florida recorded in Official Record Book 300 at'page 290 described as follows, to wit:- . I PARCEL•NO. 128 SECTION 88570--2601 The West. 40 feet of theNorth 1/2 of the • I West 20.49•acres of Tract 5; Indian River Farms"Company according to the Plat �s recorded in Plat Book 2, page 25; of the Public Records of St. Lucie County, Florida, in Section 14, Township 33 South, Range 39 East, Indian River County. Being that part of the above described parcel of land, which lies within 40 -c t of the- West lige of Vaid Section 14, e_ontaining 0,23 of an acre, more or less. i PARCEL TECO All the West 10 acres of Tract 4 (except the North 802.20 feet thereof)_of Section 14, Township 33 South, Range 39, East, according to the last general plat of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County,Floridn in Plat -Book 2, page 25; said land now lying and being In Indian River County,•Florida. LESS AND EXCEPT property as described in deed to the State of Florida for the use and benefit of the State Road Department of Florida recorded in Official Record Book 300 at page 290 described as follows, to wit: - The West 40 feet of the West 10 acres, less the North 832.20 feet of Tract 4, of said Indian River Farms Compnny;in said Section 14, being that part of the above described parcel of land which lies within 40 fent of the West line of said Section 14, containing 0.17 of an acre, more or less. 2 �: 194 I PARCEL.TiIREE The East 20 acres of -Tract 5. Section 14, Township 33 South, Range'39 East, according to the last general plat of lands of the Indian River Farms Company as filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, page.25 LESS AND EXCEPT the following described property, to wit:-. 1. From the SW corner of Tract 5, 0foresaid, run East along Tract line a distance of 830.11 feet to point of beginning, thence continue East on Tract,line a•distance of 70 feet, thence on a .; deflection angle of 900 10: to the left a distance of 170 feet, thence West and'paraliel to the.South line of.Tract'5, a distance of 70 feet, thenceSouth 174 feat to the point -of. beginning. f 2.. From the SWcorner of Tract 5, aforesaid run ..East along Tract line a'distance of 900.11 feet 'to point of beginning, thence continue East on - Tract line a distance of 70 feet, thence on.a deflection angle .of 900' 10' to ..the le;Ct,. a distance bf 170 feet, thence {Pest and parallel to the South line -of Tract 4, a distance of 70 feet, thence. South 170 feet to theLSgipt of beginning. =' 3. •.. From the SIT corner of Tract 5, aforesaid, run East along Tract line a distance of 1040.11 feet — to.point of beginning, thence continue East. on Tract line a distance of 130 feet, thence on a deflection angle of 900 10' to the left a dis- tance of 170 feet, thence West and parallel to the South line of Tract 5, a distance of 130 feet, thence South -170 feet to the point of beginning. :�. 4. Less the South 60 feet of the East 20 acres of Tract 5, Section 14', Township 33 South, Range 39 .. East, according to the last general plat of lands of Indian River Farms Company, as filed jn the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, page 25. (For Road Right-of-way for Indian River County, Florida). M1 ARTICLE III. Determination of Cost of Service: Said municipal service taxing unit is created for the purpose of providing street lighting within the boundary of said unit. The Board of County Commissioners of Indian River County, Florida, shall determine each year the estimated cost of providing street lighting, including capital and equipment improvements, rentals and acquisitions and operating and maintenance costs and expenses, for the ensuing county fiscal year for that area which is or shall be receiving street lighting service within the boundary of said unit. ARTICLE IV. 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 two (2) mills on all the real and taxable property for that area which is or shall be receiving street lighting service within said Street Lighting Municipal Service Taxing Unit created under the provisions of this / Ordinance for the purpose of providing street lighting within the .. boundary of said unit. Said tax shall be levied and a budget pre- pared and adopted by said Board at the same time and in the same manner as said 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 assessment, levy, collection, 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 providing street lighting within the boundaries of said unit, determined under the provisions of Article III of this Ordinance, as said Board shall determine to be necessary to provide such services. ARTICLE V. Disposition of Proceeds from Levy of Taxes for Street Lighting: Those funds obtained from the levy of a tax on all the real and taxable property within the boundary of said unit shall be maintained in a separate account and used solely for the purpose of providing street lighting within the boundary • of said unit only. ARTICLE VI. This Ordinance shall become effective immediately upon adoption and filing as provided by law. DONE AND ADOPTED in regular session this 24th day of March, 1976. ATTEST: Ral�_-p��Iar,�s ,4Cekk re-R�-�% (SEAL) BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By efillo';r Willar,d W. S'e ert,Jr Chairman G. Y Raju[ i:m P. B000isiAN ATTORNEY AT LAW 1418 TWENTY-FIRST STREET ' VIDRO IIIGAOII. FLORIDA 02960 PHONE 667-3400 (AREA CODE 305) March 31, 1976 Hon. W. W. Siebert, Jr. Chairman Board Of County Commissioners of Indian River County, Florida Indian River County Courthouse y Vero Beach, Florida 32960 Re: Laurelwood Lighting District Dear Mr. Siebert: 8 Pursuant to the ruling of the Board of County Commissioners and in consideration of the adoption by the Board of Ordinance No. 76- 8 establishing the Laurelwood Lighting District, Laurel Homes, Inc. does hereby agree to pay to the County of Indian River or to Florida Power and Light Company all service charges for lighting from the date of the adoption of the above ordinance until December 31, 1977. LAUREL HOMES, INC. by Peter G. Robinson, Vice -President 1j MAR 241976 nor : ,: 198 as . IN 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 BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER:_ BEFORE THE BOARD OF COUNTY STATE OF FLORIDA COMMISSIONERS OF INDIAN RIVER COUNTY lities, Inc. Before the undersigned authority personally appeared J. J. Schumann, Jr. who On oath In Re: foli rrauthority to increaication of Ixora se Its rates j says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published for water service and sanitary sewer. at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being , NOTICE OF HEARING + i The Board of County Commissioners Of Indian River County will NOT iG s hold a hearing on Wednesday, March 24, 1976, at 1:30 p.m. in Its hearing a room in the Indian River County Courthouse, Vero Beach, Florida, on i the application of Ixoe Utilities,Inc., for authority to make effective j In the matter Of - 4�TIi.ITl6S 1tdCRGAS>: —the following water and sanitary sewer rates: Proposed ,}Mater Rale Tariff Rates Minimum Charge, — From 0 to 4,500 3 LSO Gallon Consumption i Next 6,000 Gallons Per Thousand i1S In the Court, w� �� -(tett 6,000 Gal Ions Per Thousand *1-3S i Over 16,500 Gallons Per.Thousand 135 fished in said newspaper in the issues of Sewer Rate Tariff Flt Rate Charge Per Month 1p� i DATED this 46th day of February, 1976. Affiant further says that the said Vero Beach Press -Journal is a newspaper published a1 BOARD OF COUNTY COMMISSIONERS OF Vero Beach, in said Indian River County, and that the said newspaper has heretofore INDIAN RIVER COUNTY, FLORIDA been continuously published in said Indian River County, Florida, weekly and has been entered BY: Willard W. Siebert Jr. as second class mail matter at the post office in Vero Beach, in said Indian River County, Chairman �- for aperiod of one year next preceeding the first publication of the attached copy of adver- Feb. 29, Mar. 7, 1976. <,.: .,,vT r. tisement; and affiant further says that he has neither paid nor promised of ny any person ring this or corporation any discount, rebate, commission or refund for the purpose adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this Y f trriAreS I �� ` (Business Manager) (Clerk oft Circuit Court, Indian River County, Florida) k ! (SEAU } ATTORNEY RICHARD BOGOSIAN APPEARED TO MAKE THE PRESENTATION r , FOR IXORA PARK UTILITIES, INC., AND INTRODUCED MR. EDELSTEIN, C.P.A., NATE AND MELVIN TANEN, STOCKHOLDERS OF IXORA UTILYTIES, INC., AND DAMES j BEINDORF, ENGINEER. 1 ATTORNEY BOGOSIAN INFORMED THE BOARD THAT NOTICES HAVE BEEN SENT TO EACH OF THE RESIDENTS OF IXORA PARK. -` ��g 199 27 t; ZA 106 -` ��g 199 ATTORNEY BOGOSIAN CONTINUED THAT THERE HAS BEEN NO REQUEST FOR AN INCREASE IN RATES SINCE THE FRANCHISE WAS ORIGINALLY GRANTED IN 1960, HE STATED THAT THIS UTILITY -IS NOW UNDER CITATION BY THE STATE OF FLORIDA DEPARTMENT OF POLLUTION CONTROL. HE CONTINUED THAT A FINANCIAL STATEMENT PREPARED BY MR. EDELSTEIN HAS BEEN SUBMITTED TO THE BOARD AND ALSO AN ESTIMATE OF THE COST OF IMPROVING THE SYSTEM TO MEET STATE STANDARDS, WHICH COMES TO ABOUT $145,000 FOR REPLACING BOTH THE WATER AND THE SEWER PLANT. THE AUDIT REPORT SETS OUT $100,000 FOR THESE IMPROVEMENTS, BUT MR. BOGOSIAN STATED THIS FIGURE NOW MORE REALISTICALLY IS ESTIMATED AT $5145,000 AND TO ACCOMPLISH ALL THE IMPROVEMENTS THE STATE REQUIRES,.THE ADDITIONAL ENGINEERING AND SITE WORK WILL BRING THE FIGURE UP AROUND $170,000. ATTORNEY BOGOSIAN STATED THAT HE REALIZED PERCENTAGEWISE THE INCREASES THEY ARE REQUESTING ARE TREMENDOUS INCREASES, BUT THE STATE DID NOT COME TO THEM IN STAGES AND THEY MUST HAVE THE MONEY IN ORDER TO MAKE THE REQUIRED IMPROVEMENTS. HE FELT IF YOU WERE TO ESTIMATE A FAIR RATE OF RETURN, THE RATES REQUESTED ARE NOT OUT OF LINE AND BELIEVED THEY CAN BE JUSTIFIED WITHOUT EVEN HAVING TO TAKE INTO CONSIDERATION THE REQUIRED IMPROVEMENT'S. ATTORNEY COLLINS SAID ASSUMING A RATE INCREASE IS GRANTED, WHAT ASSURANCE DOES THE BOARD HAVE THAT THE IMPROVEMENTS WILL BE MADE? ATTORNEY BOGOSIAN SUGGESTED THAT COULD BE MADE ONE OF THE CONDITIONS OF THE RATE INCREASE, ATTORNEY COLLINS ASKED WHAT ABOUT A BOND—TYPE SITUATION? MELVIN TAKEN POINTED OUT THAT EVEN IF THE INCREASE WERE GRANTED, THEY WILL HAVE TO BORROW THE MONEY TO MAKE THE IMPROVEMENTS AND HE COULD NOT SEE POSTING A BOND TO DO THE IMPROVEMENTS WHEN THEY HAVE TO BORROW THE MONEY TO ACCOMPLISH THIS. ALSO THE BANK UNDOUBTEDLY WOULDN'T LOAN THE MONEY WHILE THE COMPANY CONTINUED TO OPERATE UNDER THE EXISTING RATESe CHAIRMAN SIEBERT THEN QUESTIONED SINCE A UTILITY COMPANY WAS j NECESSARY FOR THE DEVELOPMENT OF THE LAND, IS THAT UTILITY COMPANY ENTITLED TO A PROFIT AND NOTED THAT THE TANENS WERE THE ORGINAL DEVELOPERS OF IXORA PARK, go 5 , 20 . hR. MELVIN TANEN STATED THAT THE UTILITY COMPANY IS ACTUALLY A SEPARATE THING, AND WHEN YOU HAVE AN INVESTMENT YOU LOOK FOR A RETURN, HE STATED THEY HAVE NEVER HAD THIS RETURN AND IT HAS NOW REACHED A POINT WHERE THEY CAN T EXIST WITH THE SITUATION THE WAY IT IS. ATTORNEY BOGOSIAN POINTED OUT THAT EVEN THOUGH TO SOME EXTENT THE PRICE OF THE PLANT WAS BUILT IN WHEN THE HOMES WERE SOLD, SERVICE HAS BEEN SUPPLIED FOR 16 YEARS AT A VERY NOMINAL CHARGE,AND HE FELT NO ONE WOULD RUN A BUSINESS IF HE COULD NOT MAKE A REASONABLE RATE OF RETURN, COMMISSIONER WODTKE THEN QUESTIONED MR. EDELSTEIN IN DETAIL ABOUT HIS FINANCIAL STATEMENT, ESPECIALLY WITH REGARD TO THE LARGE JUMP IN OPERATING COSTS FROM 1974 TO 1975, WHICH MR. EDELSTEIN STATED WAS DUE TO REPAIRS AND CAPITAL IMPROVEMENTS, COMMISSIONER LOY ASKED MR, TANEN IF HE INTENDED TO PUT IN TWO NEW PLANTS, TO PUT DOWN NEW WELLS AND WATER TREATMENT SYSTEMS, AND WHETHER HE HAD ANY PLANS FOR EXPANSION. MR. TANEN STATED THEY ARE GOING TO PUT IN A COMPLETE NEW SEWER PLANT; THAT THEY HAVE NO WAY TO GO WITH THE WELLS, BUT WILL HAVE TO PUT IN A PURIFYING TYPE SYSTEM TO CEEAR UP THE WATER, AS TO EXPANSION, THEY ARE PLANNING TO PUT IN AN EXPANDABLE•UNIT AND ALREADY HAVE A FRANCHISE THAT COVERS A GOOD SIZE AREA, BUT NO ONE HAS APPROACHED THEM IN THIS REGARD. k JAMES BEINDORF, ENGINEER, INFORMED THE BOARD THAT THIS FACILITY WAS CITED SEVERAL YEARS AGO AND THEY NOW ARE OPERATING UNDER A TEMPORARY PERMIT THAT SETS SPECIFIC DATES FOR CERTAIN THINGS TO BE DONE, BY JUNE OF THIS YEAR EITHER A NEW SEWAGE PLANT MUST BE CONSTRUCTED OR THE OLD ONE MUST MEET THE MINIMUM STANDARDS, AND THEY CANNOT GET THE QLD PLANT UP TO THOSE STANDARDS, BY THE END OF 1976, THERE MUST BE A CURRENT ;I OPERATING PERMIT FROM THE STATE THAT WILL SHOW EVERYTHING IS OPERATING S WITH 90% EFFICIENCY. HE CONTINUED THAT IN ADDITION THIS FACIILITY OPERATES UNDER ANOTHER PERMIT FROM THE ENVIRONMENTAL PROTECTION AGENCY BECAUSE t q 1 1AR 2 41976. THE OUTFALL OF THE EFFLUENT GOES INTO THE SOUTH RELIEF CANAL, AND THUS IS REGULATED VERY CLOSELY BY THE FEDERAL GOVERNMENT. HE STATED THAT THE TANENS HAVE ALREADY SPENT A GREAT DEAL OF TIME AND MONEY TRYING TO GET THIS PLANT IN COMPLIANCE. 'CHAIRMAN SIEBERT ASKED IF IT WOULD BE REASONABLE TO ASSUME THAT SOME OF THE MAINTENANCE COSTS, OPERATING EXPENSES, ETC., WOULD BE REDUCED WITH A NEW FACILITY. MR. BEINDORF SAID THIS WAS POSSIBLE, BUT COULD ONLY BE DETERMINED AFTER A CERTAIN PERIOD OF TIME. CHAIRMAN SIEBERT AGAIN DISCUSSED THE FINANCIAL STATEMENT WITH MR. EDELSTEIN AND FELT WITH A NEW FACILITY. THE 1974 FIGURES MIGHT BE MORE APPLICABLE THAN THE 1975 FIGURES. MELVIN TAKEN STATED THAT HE DID NOT PARTICULARLY ANTICIPATE ANY LESSER COST WITH A NEW FACILITY' AS THE STATE IS REQUIRING A LICENSED OPERATOR WHICH WILL UNDOUBTEDLY MEAN A HIGHER SALARY, AND THEY WILL HAVE MUCH EQUIPMENT THAT THEY DO NOT HAVE NOW, DISCUSSION CONTINUED ON THE ACCOUNTING STATEMENT AND ITEMS � RELATING TO OPERATING EXPENSES, CHAIRMAN SIEBERT ASKED THOSE IN THE AUDIENCE OPPOSING THE PROPOSED INCREASE TO RAISE THEIR HANDS, EVERYONE DID. HE THEN ASKED IF THEY FELT ANY KIND OF INCREASE IS APPROPRIATE AND IT WAS GENERALLY 4 i AGREED SOME INCREASE WAS JUSTIFIED. CHAIRMAN SIEBERT THEN ASKED IF ANYONE IN THE AUDIENCE WISHED TO BE HEARD. + MRs,BOBBI PARKER PRESENTED A JAR OF WATER DEMONSTRATING THE SEDIMENT TO BE FOUND IN THE WATER AND ASKED IF THEY ARE NOT GOING TO I i PUT IN NEW WELLS, HOW ARE THEY GOING TO IMPROVE THE DRINKING WATER? COMMISSIONER WODTKE ASKED THE DEVELOPER IF THERE IS A RATE INCREASE, WILL THE PEOPLE BE ABLE TO DRINK THE WATER OR WILL THEY STILL HAVE TO BUY BOTTLED WATER? MR, BEINDORF DOUBTED THE WATER WOULD EVER BE EQUIVALENT TO CITY WATER, HE POINTED OUT THAT THE STATE HAS ALREADY SAID THEY ARE IN VL'OLATroulN REGARD TO COLOR AND SOLIDS AND THEY HAVE TO GET WITHIN THE ALLOWABLE STANDARDS, BUT CANNOT SAY FOR SURE THAT EVEN THAT WOULD SATISFY THE PEOPLE. 25 2O2: a MRS. PARKER THEN ASKED WHY THERE WAS SUCH A HIGH FLAT RATE FOR SEWAGE AS THIS IS PARTICULARLY HARD ON SMALL FAMILIES, AND SUGGESTED THE RATE COULD BE DETERMINED BY GETTING A FIGURE FROM THE WATER METERS, MRS. SUE SIKET STATED SHE FELT SINCE THE VIOLATIONS GO BACK TO MARCH OF 1974, THEY SHOULD HAVE TAKEN SOME ACTION BEFORE THIS. SHE ALSO STATED THAT SEWER PLANTS MUST SEND IN MONTHLY REPORTS WITH A DAILY BREAKDOWN OF THE B.O.D., WHICH REPORTS MUST BE SIGNED BY A (QUALIFIED OPERATOR. SHE CONTINUED THAT SHE HAS HAD BOTH WATER AND SEWER PROBLEMS AND THEN GAVE FIGURES COMPARING THE RATES WITH THOSE OF THE CITY. CHAIRMAN SIEBERT STATED HE DID NOT FEEL YOU CAN COMPARE A PRIVATE SYSTEM WITH THAT OF A MUNICIPALITY. MRS. SIKET PRESENTED A THREE—PAGE PETITION SIGNED BY RESIDENTS OF IXORA PARK SUBDIVISION OPPOSING THE PROPOSED RATE INCREASE, WHICH PETITION WAS RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK, MRS. LINDA ROODE ASKED IF THEY DO IMPROVE THE SEWAGE DISPOSAL PLANT, WILL IT REMOVE THE "STINK"? SHE ALSO COMPLAINED THAT SHE HAS TO SPEND ABOUT $7.50 A MONTH FOR BOTTLED WATER AS THE DRINKING WATER IS SO BAD. r: DAVID THOMPSON STATED THAT HE DJD NOT FEEL THE UTILITY COMPANY WAS JUSTIFIED IN EXPECTING A 10% RETURN. LOUIS PANDONE SPOKE IN OPPOSITION AND STATED RETIRED PEOPLE CANNOT AFFORD SUCH FANTASTIC RATE INCREASES, RAY BOYLE NOTED IN REGARD TO 260 SEWER CONNECTIONS 16 YEARS OLD, THAT EASTVIEW GARDENS WAS ONLY ESTABLISHED IN 1968 AND THERE ARE SO SOME HOUSES THERE, AND HE DID NOT FEEL THERE WERE SO MANY PROBLEMS BEFORE THEY WERE ADDED TO THE SYSTEM. HE ASKED WHAT ASSURANCE THERE WAS THAT WITH A BIGGER PLANT THEY WILL NOT TAKE IN MORE LAND, STEPHEN IILIAULT AND MR. MORELLI SPOKE IN OPPOSITION. RICHARD HUTTON SAID THAT THE UTILITY PLANT WAS ONE OF THE ORIGINAL SELLING POINTS AND THE REASON HE HAD BOUGHT THERE. IN REGARD'' TO DEPRECIATION, HE THOUGHT THIS WAS INTENDED TO LAY ASIDE CAPITAL TO REPLACE ITEMS THAT WORE OUT AND ASKED WHERE DID IT ALL GO? WILMER LEWIS SPOKE IN OPPOSITION. ' HOMER ALDHIZER READ TO THE BOARD A PETITION SIGNED BY 164 PEOPLE, WHICH STATES AS FOLLOWS: ', f PETITION By our individual acts of signing this petition, each of us has in- dicated-his n-dicated his full support of the following request of the Board of County Commissioners of Indian River County, Florida. We hereby request that the Board of County Commissioners, in fulfill- ment of its responsibilities to the residents of Eastview Gardens and Ixora Park subdivision:,, take all possible steps to prevent unfair and inflationary increases in the water and sanitary sewer rates charged by Ixora Utilities, Inc. It is our belief that the board can d.: m,ich.to accomplish this by: 1) Insisting on certified data that substantiates any such need for an increase. 2) Insisting that improvements in the present facilities (ie: better water quality, constant water pressure, reduced odor from the sewage treatmentplant, and an "All -Hours" telephone number for emergency service) accompany any rate increases. 3) Assuring that rate increases, if any, are such that they provide a fair rate of return, but not an exorbitant windfall profit, to the utility. 4) Releasing property owners from restrictive covenants and/or re- strictive conditions which compel residents to purchase water and sanitary sewer services from Ixora Utilities, Inc. Private wells and/or septic tanks may be more economical for the land- owners. For these reasons, each of us fully supports the above indicated request of the Board of County Commissioners. THIS PETITION WAS RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK, MR, ALDHIZER STATED THAT MOST OF THE RESIDENTS AGREE THAT THE PRESENT RATES ARE LOW, BUT THE WATER QUALITY DOES NOT MERIT H$GH PRICES, HE STATED THAT MR, BEINDORF MENTIONED THAT THE TREATMENT OF SEWAGE HAS CHANGED CONSIDERABLE SINCE 1960 AND ASKED WHY SOMETHING, WASN'T DONE WHEN EASTVIEW GARDENS WAS ADDED IN 1968, HE ALSO INFORMED THE BOARD THAT WHEN YOU BUY THERE ARE RESTRICTIVE COVENANTS STATING THAT YOU MUST BUY YOUR WATER AND SEWER FROM IXORA PARK UTILITIES, DOYLE VERNON ASKED WHAT WAS THE ORIGINAL COST OF THE PLANT, WHAT HAS BEEN THE NET PROFIT OVER EACH YEAR, WHAT HAS BEEN RETURNED BACK INTO THE PLANT, AND HOW MANY CONNECTIONS WAS THE FACILITY ORIGINALLY DESIGNED TO SERVICE? X04 i a i BETTY KOMARISKY STATED THAT SHE FELT THAT SINCE THE EXPENSES REQUIRED TO REPLACE THE SEWER AND WATER PLANTS ARE A CAPITAL EXPENSE THEY SHOULD BE FINANCED BY THE STOCKHOLDERS AND NOT BY THE PEOPLE BEING SERVICED. SHE SAID SHE WOULD GO ALONG WITH A MODERATE INCREASE IN RATES. ROBERT KRIEGER ASKED IF THERE WAS A POSSIBLLITY OF -GETTING FEDERAL FUNDING FOR SUCH IMPROVEMENTS. CHAIRMAN SIEBERT SAID HE DID NOT THINK THIS IS POSSIBLE FOR PRIVATE UTILITIES. CHAIRMAN ASKED IF ANYONE FURTHER WISHED TO SPEAK. THERE WERE Ilam ATTORNEY BOGOSIAN TOOK THE FLOOR TO ANSWER SOME OF THE QUESTIONS PRESENTED, HE AGREED THAT THE WATER LOOKS PRETTY BAD AND SAID THE STATE FEELS THE SAME WAY, AND WE HAVE TO IMPROVE IT. CHAIRMAN SIEBERT ASKED IF THERE WILL BE ANY ODOR CONTROL UNDER THE NEW SYSTEM THAT IS NOT PRESENTLY IN OPERATION NOW. .JAMES BEINDORF ANSWERED THAT WITH A MORE EFFICIENT PLANT THAT IS PROPEREY RUN THIS WILL BE ALLEVIATED TO A GREAT DEGREE, CHAIRMAN SIEBERT ASKED WHO DOES THE B.O.D. LEVEL MONITORING? MR. BEINDORF STATED THAT THE MOPTHLY OPERATING REPORTS ARE DONE AND SIGNED BY A CERTIFIED OPERATOR OF INDIAN RIVER UTILITIES, LOWELL LOHMAN'S GROUP. - CHAIRMAN SIEBERT ASKED WHAT WAS THE CAPACITY OF THE PRESENT SYSTEM WHEN IT WAS ORIGINALLY DEVELOPED? MR, BEINDORF SAID THAT THE ORIGINAL PLANS WERE FOR A 95,000 GALLON—A—DAY PLANT, AND THEY ARE RIGHT NOW AT 90,000 TO 95,000 GALLONS PER DAY, THE PROPOSED PLANT IS A 100,000 GALLON—A—DAY PLANT.` CHAIRMAN SIEBERT STATED THAT THERE HAS BEEN CRITICISM THAT THE of ORIGINAL PLANT WAS NOT LARGE ENOUGH TO TAKE CARE OF EASTVIEW GARDENS AS WELL AS IXORA PARK. NATE TANEN INFORMED THE BOARD THAT WHEN THE PLANT WAS ORIGINALLY r DESIGNED THE AREA THAT IS NOW EASTVIEW GARDENS WAS INCORPORATED. IXORA PARK WAS INCORPORATED PIECE MEAL, AND WHEN THEY WENT ACROSS THE STREET, THEY NAMED IT EASTVIEW GARDENS, BUT IT WAS ORIGINALLY PLANNED FOR ALL. x 33 11 CHAIRMAN SIEBERT ASKED IF THERE IS ANY POSSIBILITY THAT YOUR OPERATION WILL AGAIN BE EXPANDED AND POSSIBLY CAUSE A NEGATIVE AFFECT ON THE CAPACITY? 5 MELVIN TANEN REPLIED THAT WE CAN'T EXPAND UNLESS THE BOARD OF HEALTH GIVES US PERMISSION. CHAIRMAN SIEBERT STATED THAT IN YOUR ACCOUNTING FIGURES THERE IS A FIGURE INCLUDED ALL THIS TIME F"R DEPRECIATION. WHERE IS THIS MONEY? MR. EDELSTEIN STATED THAT NO DIVIDEND HAS EVER BEEN PAID TO THE STOCKHOLDERS. ANY PROFIT HAS BEEN RETAINED IN THE BUSINESS, AND THERE WERE NO SALARIES UNTIL 1975, THERE HAS NEVER BEEN A RETURN TO THE°IN— VESTOR, ' CHAIRMAN SIEBERT ASKED WOULD THE OWNERS CONSIDER A 24—HOUR EMERGENCY TELEPHONE AND ALSO A RELEASE OF THE RESTRICTIVE COVENANTS? MELVIN TANEN ANSWERED THAT THEY DO HAVE A PHONE NOW AND DON'T BELIEVE THERE ARE MANY EMERGENCIES THAT REQUIRE ANYTHING IN THE MIDDLE OF THE NIGHT. HE STATED THEY WOULD NOT CONSIDER RELEASING THE RESTRICTIVE COVENANTS, CHAIRMAN SIEBERT STATED THAT HE PROPOSED AT THIS POINT TO CLOSE THE PUBLIC HEARING RESERVING THE RIGHT TO ASK FURTHER QUESTIONS OF THE e ENGINEER, THE STOCKHOLDERS, ETC, ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO CLOSE THE PUBLIC HEARING AS PROPOSED BY CHAIRMAN SIEBERT. CHAIRMAN SIEBERT ASKED FOR DISCUSSION FROM THE COMMISSIONERS. COMMISSIONER SCHMUCKER NOTED THAT THE OPERATING FIGURES WERE BASED ON THE WORST POSSIBLE YEAR, AND THEY MAY NOT BE THAT HIGH' IN THE FUTURE. HE QUESTIONED THAT IT IS NECESSARY TO RAISE $55,000 A YEAR ON THE PROPOSED RATE INCREASE. f` MEL TANEN STATED IT IS POSSIBLE THE OPERATING COST MAY BE REDUCED WITH A NEW PLANT, BUT WE WILL NOT BE IN THE NEW PLANT RIGHT AWAY, AND WE NEED THE OPERATING MONEY RIGHT NOW. WE ARE GOING TO HAVE TO BORROW AGAINST THIS INCOME. HE NOTED THAT THEY HAD UNDOUBTEDLY GOOFED" IN NOT COMING TO THE BOARD OVER THIS PERIOD OF YEARS AND ASKING FOR PERIODIC INCREASES, 34 25 R 2 A 197 COMMISSIONER SCHMUCKER STATED HE DOES NOT FEEL THAT ALL THE IMPROVEMENTS NECESSARILY HAVE TO BE MADE IN THE NEXT FEW MONTHS. HE CONTINUED THAT YOU HAVE BASED YOUR RATE INCREASE ON TWO THINGS — YOUR OPERATING COST OF LAST YEAR AND THE $150,000 CAPITAL EXPENDITURE. POSSIBLY YOU CAN MAKE AN $80,000 CAPITAL EXPENDITURE AND YOUR OPERATING EXPENSES WILL BE SOMETHING HALFWAY IN BETWEEN, AND YOU WOULD NOT NEED TO INCREASE YOUR RATES QUITE SO HIGH, COUNTY COORINATOR THOMAS QUESTIONED MR. EDELSTEIN ABOUT THE "RETAINED EARNINGS" OF $96,000 SHOWN IN THE ACCOUNTING FIGURES. COMMISSIONER WODTKE POINTED OUT THE PROPOSAL PRESENTED SHOWS AN $80,000 ESTIMATE FOR IMPROVING THE WATER, AND ASKED HOW SOON THEY WILL BE ABLE TO SAY HOW THEY ARE GOING TO GO ABOUT IMPROVING THE WATER, MR, BEINDORF STATED THAT THE EMPHASIS HAS BEEN ALMOST ENTIRELY ON THE SEWAGE SITUATION BECAUSE OF THE STATE CITATION. REVERSE OSMOSIS IS A RELATIVELY NEW AND VERY EXPENSIVE TREATMENT AND HE DOUBTED THE RATES WOULD BE HIGH ENOUGH TO JUSTIFY THIS. HE ESTIMATED IT WOULD TAKE 5 OR 6 MONTHS AT LEAST TO MAKE PLANS BUT FELT THE SEWAGE PROBLEM CAN BE SOLVED MUCH'MORE QUICKLY. COMMISSIONER WODTKE STATED HE WAS CONCERNED ABOUT A RATE IN- CREASE FOR WATER WHEN WE DON'T KNOW WHAT IMPROVEMENTS WILL BE MADE AND ASKED IF THE COST OF THE SEWER PLANT COULD BE SEPARATED FROM THE COST OF THE WATER PLANT, MR, BEINDORF SAID IT POSSIBLY COULD BE, COMMISSIONER Loy POINTED OUT THAT THE GREAT MAJORITY OF THE CUSTOMERS FALL INTO THE MINIMUM GALLONAGE CLASS, SHE STATED WE ALL REALIZE THAT YOU WAITED FAR TOO LONG TO ASK FOR AN INCREASE, BUT THIS IS A BAD TIME TO ASK FOR AN INCREASE OF THIS MAGNITUDE WHICH WILL PLACE A REAL HARDSHIP ON YOUR CLIENTS, AND I WOULD FEEL THAT ANYTHING OVER A 100% INCREASE IS WAY OUT OF LINE. SHE CONTINUED THAT WE REALIZE YOU HAVE BEEN CITED, BUT DO NOT FEEL ANYONE CAN REASONABLY BE EXPECTED TO MAKE ALL THESE IMPROVEMENTS IMMEDIATELY. 35• aoc� 2. u,c27 MR, TANEN STATED THAT MAYBE THE STATE WON'T SHUT THE PLANT DOWN, BUT THEY HAVE THREATENED US WITH A $5,000 -A -DAY FINE IF WE DON'T COMPLY, AND THE PEOPLE WILL EXPECT BETTER QUALITY WATER IF WE START MAKING IMPROVEMENTS, CHAIRMAN SIEBERT STATED HE FELT THE IMPROVEMENTS PROBABLY SHOULD BE TAKEN IN PHASES AND SAID HE DID NOT FEEL THE COMPANY IS ENTITLED TO A PROFIT BEFORE THEY PERFORM, ESPECIALLY AS IN MANY DEVELOPMENTS THIS IS NOT INTENDED TO BE A PROFIT-MAKING FACILITY, HE SUGGESTED JUST REPLACING THE SEWER PLANT WHICH IS BEING CITED AND POSSIBLY DOING WITHOUT A 1.0% PROFIT PERCENTAGE FOR A WHILE. HE ALSO POINTED OUT TO THE AUDIENCE THAT IF A COST -OF -LIVING INCREASE HAD BEEN REQUESTED PERIODICALLY, THE RATES WOULD PROBABLY BE HIGHER NOW THAN THOSE PROPOSED, ATTORNEY BOGOSIAN SAID HE THOUGHT IT HAD BEEN MADE CLEAR THAT THEY ARE IN VIOLATION OF STATE STANDARDS BOTH ON THE SEWER AND WATER, ALTHOUGH HE ADMITTED THE WATER PROBLEM WAS NOT OF QUITE THE SAME URGENCY AS THE SEWER, HE THEN DISCUSSED RATES GRANTED TO OTHER UTILITY COMPANIES, CHAIRMAN SIEBERT STATED THE PREDICAMENT WE ARE IN IS THAT j WE WANT TO BE SURE THE PLANT IS ON SOUND FOOTING AND WILL CONTINUE TO OPERATE, IT IS OUR RESPONSIBILITY TO SEE THESE PEOPLE HAVE ADEQUATE 4 GOOD WATER AND SEWAGE, BUT THE BOARD IS NOT SOLD ON THE INCREASE YOU HAVE ASKED FOR, COMMISSIONER WODTKE SAID THAT HE COULD UNDERSTAND THE TANENS VIEWPOINT AS FINANCIALLY THE'DEVELOPMENT IS NOW THROUGH, AND ASKED IF THERE WERE ANY OTHER UNITS IN THE FRANCHISE THAT COULD BE ADDED TO THE SYSTEM, -MEL TANEN SAID THEY COULD ADD MORE CONNECTIONS, BUT THERE HAS BEEN NO PROJECT OF ANY SIZE THAT HAS REQUESTED THIS, AND IT IS NOT FEASIBLE ON AN INDIVIDUAL BASIS, COMMISSIONER SCHMUCKER STATED HE FEELS THE ONLY SOLUTION IS TO GIVE A LOWER RATE INCREASE AND THEN IN SEVERAL YEARS THEY CAN COME BACK WITH PROVEN COSTS AND MAKE ANOTHER REQUEST AND DO THIS GRADUALLY, MOTION WAS MADE BY COMMISSIONER SCHMUCKER AND SECONDED BY COMMISSIONER MASSEY TO INCREASE THE PRESENT RATE SCHEDULE FROM $3.00 TO $6.00 ON THE MINIMUM 4,500 GALLONS; ON THE NEXT 6,000 GALLONS FROM 50 TO $1.08; ON THE NEXT 6,000 GALLONS FROM 47� TO 9# AND OVER 16,500 GALLONS FROM 4N TO 82� AND THE SEWER FLAT RATE FROM $3.50 TO $7.00. IN FURTHER DISCUSSION IT WAS FELT THAT BY FLATTENING OUT THE WATER RATE FOR ANY AMOUNT OVER THE MINIMUM 4,500 GALLONS, IT WOULD GIVE THE DEVELOPER A LITTLE MORE MONEY TO WORK WITH AND WOULD NOT GIVE THE LARGE USER AN ADVANTAGE OVER THE SMALL ONE, COMMISSIONER SCHMUCKER WITHDREW HIS MOTION AND COMMISSIONER MASSEY WITHDREW HIS SECOND. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED ADOPTING A RESOLUTION WHICH WILL INCREASE THE PRESENT RATE SCHEDULE FOR IXORA UTILITIES, INC., TO A $6.00 MINIMUM CHARGE ON THE FIRST 4,500 GALLONS AND $1.08 PER THOUSAND GALLONS ON EVERYTHING OVER 4,500 AND INCREASE THE SEWER FLAT RATE TO $7.00, TO BE EFFECTIVE AS OF APRIL 1, 1976. WHEN THIS RESOLUTION IS COMPLETED AND RECEIVED, IT WILL BE MADE A PART OF THE MINUTES. 37 �w a i THE ADMINISTRATOR INFORMED THE BOARD THAT HE HAD RECEIVED A LETTER FROM FELDER GUNTER ASKING THAT THE BOARD RECONSIDER THE REQUEST MADE BY ROY AND RAY HOGAN, COLA STREETMAN AND HIMSELF TO CONSTRUCT AND MAINTAIN A MARL SURFACE ROAD ON C-5 CANAL ROAD BETWEEN RANGELINE AND I-95. DAVID GUNTER APPEARED AND SAID THEY UNDERSTOOD IT WAS THE BOARD'S POLICY TO MAINTAIN SUCH A ROAD ONCE THE LAND OWNERS HAD IMPROVED IT AND i BROUGHT IT UP TO COUNTY STANDARDS. HE INFORMED THE BOARD THAT IN THE PAST THEY HAVE ALWAYS BEEN ABLE TO FIND SUITABLE MATERIAL ON THE OVER- BURDEN FROM THE CANAL WITH WHICH TO IMPROVE THE ROADS, BUT THIS PARTICULAR ROAD IS IN AN AREA WHERE ITIS MOSTLY SAND WHICH CANNOT BE USED TO MAKE A PASSABLE ROAD. HE POINTED OUT THAT THEY HAVE INCREASED THE TAX BASE IN THIS AREA CONSIDERABLY THROUGH THE DEVELOPMENT OF THE LAND INTO CITRUS GROVES, AND ALL THEY ARE ASKING IS FOR SOME VERY MINIMUM IMPROVEMENTS TO MAKE A ONE -LANE ROAD SUITABLE FOR FARM EQUIPMENT. ADMINISTRATOR .JENNINGS STATED THAT THERE IS NO QUESTION THAT THE RIGHT-OF-WAY CAN BE USED, AND ALL IT WOULD TAKE IS A LITTLE CLEARING F AND HAULING IN SOME MARL TO MAKE A ROAD ABOUT 19 FEET WIDE. HE NOTED THAT WE DO HAVE A MARL PIT QUITE CLOSE TO THIS AREA. ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy,, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO MAKE MINIMUM IMPROVEMENTS AND MAINTAIN C-5 CANAL ROAD. .JAMES BEINDORF, ENGINEER, PRESENTED TO THE BOARD RECOMMENDED SPECIFICATIONS FOR POTABLE WATER MAINS, WHICH COVERED THE USE OF P.V.C. PIPE. IN DISCUSSION IT WAS NOTED THAT THIS IS MAINLY FOR UTILITY DEPARTMENT PURPOSES AND CAN BE ADOPTED JUST AS A POLICY. ° ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER _ SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE RECOMMENDED SPECIFICATIONS _ FOR POTABLE WATER MAINS, INDIAN RIVER COUNTY, FLORIDA, AS FOLLOWS: t � i I + . 38' .MAR 241976 � ,1 FOR F� 7 POTABLE WATER MAINS INDIAN RIVER COUNTY, FLORIDA 1. SPECIFICATIONS MATERIALS: GENERAL: All pipe shall be Class* 150 minimum. All water main fittings shall be cast iron mechanical joint. All water mains shall be con- structed of. cast iron, ductile iron, cr P.V.*C.-pipe. Water service lines shall be constructed of galvanized iron, copper, or P.V.C. pipe.. a) CAST IRON PIPE: .Unless otherwise approved* all *cast -Iron pipe and y. fittings shall be designed and manufactured in.acco rdance with the latest ASA Specification A21.6 to A21.8 and shall be Class 150. Pipe shall be furnished with a cement lining on the interior and in accordance with ASA' Specification A21.4 with standard bituminous coating on the exterior.- Wall thickness shall be computed on basis of 5 feet of cover and laying Condition B as per AWWA:C101. Joints shall be push -on in accordance with ASA A21.10. b) CAST IRON FITTINGS: All cast iron and ductile iron fittings shall be cement lined, seal -coated and outside coatedasspecified above for cast iron pipe. All fittings shall be mechanical joint. GALVANIZED STEEL PIPE AND FITTINGS: Steel pipe shall conform to ASTM Standard Specifications for welded and seamless steel pipe, % ..Designation A53-21, and shall be Schedule -40, galvanized pipe. Fur- nish with . threaded ends and coup-1ii:g.i in 21 -foot uniform lengths. Pipe fittings and couplings shall Ve 125 pound galvanized mallehbli iron or wrought steel fittings conforming to Federal Specification W -P -521D. Steel pipe Joints may be made with standard couplings or unions. d) P.V.C. PIPE: P.V.C. (Polyvinyl chloride) pipe shall be Class 160 and •shall conform to ASTH D1784 -60T N.SlFapproved, Type I, Grade I P.V.C. and ASTM D2241-67 Standard Specification for P.V.C. plastic pipe pressure rated at a hydrostatic working pressure of 160 psi at 7340 F. and meet the requirements set forth in Commercial Stan- dard CS -256-63 with standard dimension ratio of SDR 26. All joint"' to be push -on. All fittings for P.V.C. pipe shall be cast iron mechanical joint. The use of P.V.C; pipe is limited in size up through 8". All pipe above 8" shall be cast iron or ductile iron. P.V.C. pipe will not be used under any road or canal crossings. All road and canal crossings shall be either east iron or ductlle'iron. F� 7 ATTORNEY COLLINS NEXT REPORTED ON THE REDRAFT OF THE CONTRACT rk, FOR THE PURCHASE OF PROPERTY IN THE TOWN OF INDIAN RIVER SHORES ADJACENT TO COUNTY -OWNED PROPERTY THAT WAS SECURED FOR PARK PURPOSES, HE INFORMED 4 THE BOARD THAT A MEETING HAD BEEN HELD WITH .JOHN SUTHERLAND, EDGAR SCHLITT, ROBERT POWHATAN, COMMISSIONER LOY AND HIMSELF. THERE ARE TWO PROBLEMS - THE DEVELOPER S INTEREST IN THE LAND AND TREASURE COAST 4 UTILITIES` INTEREST. THE DEVELOPER IS PRIMARILY ED SCHLITT AND THE MAY ` COMPANY WHICH DEVELOPED VERA CRUZ, THE MAY COMPANY HAS SINCE GONE TO FORECLOSURE, AND ED SCHLITT HAS MADE THE FO;.LOWING OFFER. IF A CLAIM i WAS EVER MADE BY THE MAY COMPANY, THE COUNTY WOULD PAY OR DEFEND THE CLAIM UP TO $15,000. IN THE EVENT THE COUNTY HAD TO PAY THE MAY COMPANY, OR -ANY OTHER THIRD PARTY, AN AMOUNT EXCEEDING $15,000, THEN ED SCHLITT WOULD PERSONALLY PAY THE EXCESS AMOUNT, IN THE EVENT NO CLAIMS ARE MADE, THE -COUNTY'S INDEMNIFICATION TO ED SCHLITT WOULD BE 151 OF $15,000. IN OTHER WORDS, ALL THAT IS OWED IS 15;0 OF $15,000 TO BE PAID ED SCHLITT. NO OTHER CASH IS REQUIRED UNLESS THE CONTINGENCY ARISES. ATTORNEY COLLINS STATED THAT HE FELT THIS IS A REASONABLE APPROACH. ATTORNEY COLLINS CONTINUED AS TO TREASURE COAST UTILITIES, i. F THEY HAVE AGREED TO EXECUTE DOCUMENTS GIVING UP ALL THEIR INTEREST P IF THE COUNTY WILL ALLOW THEM TO CONTINUE TO OPERATE THE PLANT AND i RECEIVE ALL PROFITS UNTIL A GOVERNMENTAL AGENCY COMES IN. THEY WILL MAINTAIN THE PLANT AND MAKE ALL REPAIRS. i COMMISSIONER SCHMUCKER ASKED IF TREASURE COAST COULD SELL THEIR INTEREST IN THE PLANT, ATTORNEY COLLINS STATED THAT THE CONTRACT CAN BE WRITTEN TO TAKE CARE OF THAT CONTINGENCY. N AFTER FURTHER DISCUSSION, THE BOARD AGREED THAT THE TERMS DESCRIBED BY ATTORNEY COLLINS ARE ACCEPTABLE TO THEM. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAD PREPARED A RESOLUTION IN REGARD TO THE RELEASE OF GENERAL DEVELOPMENT CORPORATION PERFORMANCE BONDS FOR VERO BEACH HIGHLANDS UNITS 2,3,4 AND 5, AND VERO SHORES UNIT 1. HE STATED THAT THESE UNITS WERE ALL COMPLETED SOME TIME BACK AND THAT ADMINISTRATOR .JENNINGS HAS CHECKED THIS OVER AND APPROVED IT$ i 40 UN MOTION BY COMMISSIONER LAY, SECONDED BY COMMISSIONER , MASSEY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No, 76-I9 AND AUTHORIZED THE CHAIRMAN TO SIGN THE RELEASE OF THESE CORPORATE BONDS, RESOLUTION NO. 76-19 WHEREAS, between April 2, 1958 and June 3, 1971, Indian River County, a political subdivision of the State of Florida, required General Development Corporation, a Delaware Corporation, to provide said County with certain Performance Bonds on property descrbed as: VERO BEACH HIGHLANDS, Units No. 2, 3, 4 and 5 and VERO SHORES., Units No. 1 and WHEREAS, said Performance Bonds were for the guarantee of completion of certain Subdivision improvements on the above described property, said Bonds being null and void upon the said completion of the Subdivision improvements; and • WHEREAS, as of the date of this Resolution all of the requirements for completion as described in said Bonds have been fulfilled; NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, that those certain Performance Bonds as pertaining to: VERO BEACH HIGHLANDS, Units No. 2, 3, 4 and 5 and VERO SHORES, Units No.`l provided to said County by General Development Corporation, a Delaware Corportaion, and the Surety Companijps described in said Bonds shall be released from the obligations as described in the Bonds themselves. Such Resolution shall become effective as of the 24th day of March , 1976. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVEROUN Y, F RPA By / Willard Siebert, Jr., jGhi n Attest: Ralph Ha ris, Clerk 25 ^ COMMISSIONER WODTKE REPORTED IN REGARD TO THE "911" EMERGENCY SERVICE THAT HE HAD RECEIVED A LETTER FROM THE DEPARTMENT OF GENERAL SERVICES INFORMING HIM THAT INDIAN RIVER COUNTY IS ONE OF THE 29 COUNTIES INCLUDED IN THE BUDGET AND WILL RECEIVE $13,598 TOWARDS INSTALLATION COSTS AND LOGGING OF PLAYBACK REPORTS. WE ARE SCHEDULED TO GET THIS AMOUNT IN THE LAST QUARTER OF THE 1976-1977 YEAR AND ARE ASKED TO IMPLEMENT THE PROGRAM AS SOON AS POSSi^BLE, COMMISSIONER VIODTKE NEXT REPORTED THAT APPLICATIONS FOR THE POSITION OF DIRECTOR OF CIVIL DEFENSE HAVE BEEN SENT TO SIR. LAWSON'S OFFICE. THEY HAVE NOT BEEN RETURNED, BUT IT IS HIS UNDERSTANDING THAT THEY WILL APPROVE FIVE OF THE SIX THAT WERE SENT UP. COMMISSIONER WODTKE CONTINUED THAT IN SETTING UP INTERVIEWS, IT WAS FOUND THAT ONE OF THE APPLICANTS HAD WITHDRAWN, ONE WOULD ONLY BE HERE TEMPORARILY, AND ONE HAS FOUND A PERMANENT JOB IN THE,MEANTIME. THE PERSONNEL DIRECTOR, ROBERT DONLON, AND COMMISSIONER WODTKE WILL PERSONALLY INTERVIEW THE TWO REMAINING APPLICANTS, -LEE NIIZIE AND WILLIAM BENNETT. MAYOR ROLAND MILLER OF THE TOWN OF INDIAN RIVER SHORES APPEARED BEFORE THE BOARD AND INFORMED THEM THAT THE FIRE STATION HAS NOW BEEN COMPLETED, INCLUDING THE LANDSCAPING, BUT THAT THERE ARE THREE PROBLEMS THAT NEED TO BE RESOLVED BEFORE THE TOWN COUNCIL MEETS TOMORROW. (1) THE AGREEMENT BETWEEN THE COUNTY AND THE TOWN OF INDIAN RIVER SHORES CALLS FOR TWO FIRE TRUCKS. MAYOR MILLER INFORMED THE BOARD THAT THEY HAVE BIDS MEETING SPECIFICATIONS ON TWO TRUCKS, BOTH TRIPLE A RATED, BUT ONE, AN AMERICAN LAFRANCE COSTING $62,837, HAS A 12-14 MONTH DELIVERY DATE AND THEY WILL NEED A WAIVER FROM THE COUNTY j BEFORE THEY CAN AWARD THE BID AND PLACE THE ORDER. THE OTHER TRUCK i WILL COST $44,624 AND CAN BE DELIVERED IN 30 TO 60 DAYS. HE STATED THAT WITH THIS EQUIPMENT THEIR INSURANCE RATE WILL DECREASE 50%. (2) MAYOR MILLER THEN INFORMED THE BOARD THAT THE TOWN OF i INDIAN RIVER SHORES IS REQUESTING THE COUNTY TO GIVE THEM $35,000 NEXT YEAR TO GO TOWARDS THE PAYMENT FOR THESE TRUCKS, X 43 Peak 2525 . Im' (3) MAYOR MILLER STATED THAT THE THIRD PROBLEM WAS THAT THEY NEEDED TO BE ASSURED THE $50,000 IN MATCHING FUNDS WOULD BE AVAILABLE WITHIN ABOUT 45 DAYS TO PAY UPON DELIVERY OF THE FIRST TRUCK. AFTER SOME DISCUSSION, THE CHAIRMAN INFORMED MAYOR MILLER THAT NO FORMAL ACTION COULD BE TAKEN IN REGARD TO THE REQUEST FOR $35,000 FROM NEXT YEARS BUDGET; THE BOARD COULD CILY STATE THAT THEY DO FEEL IT IS A REASONABLE REQUEST, ESPECIALLY IN VIEW OF THE FACT THAT IT IS REDUCED FROM LAST YEAR `S REQUEST, HE ASSURED MAYOR MILLER THERE WOULD BE NO PROBLEM �i AS TO THE $50,000, WHICH IS IMMEDIATELY AVAILABLE, ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED THE TOWN OF INDIAN RIVER SHORES A WAIVER IN REGARD TO THE FIRE FIGHTING EQUIPMENT REQUIRED BY PARAGRAPH 3 OF THE AGREEMENT FOR A .JOINT FIRE PROTECTION PROGRAM BETWEEN INDIAN RIVER COUNTY AND THE TOWN OF INDIAN RIVER SHORES DATED NOVEMBER 5, 1975, ADMINISTRATOR JEN14INGS INFORMED THE BOARD THAT HE HAD RECEIVED A CALL FROM COMMANDER KLEINSCHMIDT OF THE V.F.W. REGARDING THE PROPERTY THE BOARD HAD BEEN INTERESTED IN PURCHASING FROM THEM SOME TIME AGO. COMMANDER KLEINSCHMIDT STATED THAT HE HAD TAKEN THIS MATTER UP WITH THE MEMBERS OF THE V.F.W., AND THEY HAD AGREED THEY WOULD LIKE TO HAVE A REPRESENTATIVE MEET WITH THE BOARD AND DISCUSS THE SALE OF THIS PROPERTY. THE ADMINIS- TRATOR STATED THAT HE HAD TOLD THEM HE DID NOT KNOW IF THE COUNTY IS STILL INTERESTED OR NOT. AFTER DISCUSSION, CHAIRMAN SIEBERT INSTRUCTED ADMINISTRATOR JENNINGS TO TELL THE V.F.W. THAT IF THEY WOULD LIKE TO SUBMIT A BONA FIDE PROPOSAL, THE BOARD WILL CONSIDER IT. ADMINISTRATOR JENNINGS NEXT DISCUSSED THE MATTER OF ACQUIRING A NEW TRUCK TO HANDLE THE DELIVERY OF VOTING MACHINES. HE INFORMED THE BOARD THAT ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS, HAD RECEIVED A PROPOSAL FROM LAWS MOVING COMPANY STATING THAT THEY WOULD DELIVER.AND PICK UP THE VOTING MACHINES AT A COST OF $44.25 PER HOUR, WHICH MRS. RICHEY ESTIMATED WOULD AMOUNT TO APPROXIMATELY $1,500 PER ELECTION. HE CONTINUED THAT HE HAD CHECKED WITH ARNOLD FORD SALES IN REGARD TO THE COST OF A 1976 MODEL TRUCK THAT WOULD BE CAPABLE OF HANDLING THE VOTING MACHINES, AND SUCH A TRUCK WOULD COST IN THE NEIGHBORHOOD OF $11,000. HE CONTINUED THAT THEY JUST HAPPENED TO HAVE ON HAND A 1974 MODEL WHICH SEEMED TO. HAVE ABOUT 44 goo 5 :;,,2 1 6 EVERYTHING WE ARE LOOKING FOR. IT HAS LESS THAN 6,000 MILES ON IT AND WOULD COST $7,640. HE STATED THAT HE HAS NEVER RECOMMENDED BUYING USED EQUIPMENT, BUT AFTER INSPECTING THIS TRUCK, HE FELT HE COULD RECOMMEND BUYING IT. DISCUSSION FOLLOWED, AND ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINIS— TRATOR TO ADVERTISE FOR BIDS ON A 1976 MODEL TRUCK WITH SPECIFICATIONS THAT WOULD ALLOW FOR THE PICK UP AND DELIVERY OF VOTING MACHINES AND TO INCLUDE AS AN ALTERNATE A TRUCK WITH THE SAME SPECIFICATIONS NOT MORE THAN ' THREE YEARS OLD, COMMISSIONER LOY STATED SHE WOULD LIKE TO SUGGEST THE CHAIRMAN a BE AUTHORIZED TO WRITE A LETTER TO BEN SIMPSON, DISTRICT ENGINEER OF THE D.O.T., WISHING HIM WELL IN HIS NEW VENTURE AND THANKING HIM FOR HIS CON— z SIDERATION IN THE PAST, THE BOARD CONCURRED WITH COMMISSIONER LOY`S SUGGESTION. COMMISSIONER LOY NEXT DISCUSSED THE RECENT RECREATION REFERENDUM , AND STATED THAT SHE FELT THE PEOPLE IN THE COUNTY HAVE NOW INDICATED THAT THEY DO THINK ORGANIZED RECREATION IS A PROPER FUNCTION OF THE GOVERNMENT. SHE STATED SHE WOULD LIKE TO THANK THE SEVERAL ORGANIZATIONS AND THE MEDIA FOR BRINGING THIS MATTER TO THE ATTENTION• OF THE PUBLIC IN ORDER TO RECEIVE Y A VALID OPINION OF THE VOTERS, COMMISSIONER LOY CONTINUED THAT SHE FELT IMMEDIATE PLANS SHOULD BE MADE TO INSTIGATE WHATEVER TYPE PROGRAM IS DECIDED UPON AND SUGGESTED THAT A CITIZENS COMMITTEE BE APPOINTED TO RECOMMEND AN INITIAL PROGRAM AND ITS IMPLEMENTATION ON A COUNTYWIDE BASIS, ALL WITHIN THE FINANCIAL LIMITS' f A OF 1/2 MILL. SHE RECOMMENDED THAT THOSE APPOINTED TO THIS COMMITTEE { SHOULD REPRESENT ALL AREAS OF THE COUNTY, 1. CHAIRMAN SIEBERT STATED THAT HE FELT THIS WOULD BE AN EXCELLENT APPROACH, AND THE BOARD AGREED. CHAIRMAN SIEBERT SUGGESTED THAT THIS BE SET OUT IN A RESOLUTION AND BE PRESENTED TO THE PRESS. DISCUSSION FOLLOWED IN REGARD TO THE SIZE OF THE COMMITTEE, AND IT WAS AGREED IT SHOULD HAVE SEVEN MEMBERS. WITH THE BOARDS APPROVAL, THE CHAIRMAN THEN AUTHORIZED COMMISSIONER LOY AND ATTORNEY COLLINS TO WORK TOGETHER TO PREPARE A RESOLUTION IN REGARD TO A CITIZENS RECREATION COM— MITTEE TO BE ACTED ON AT THE NEXT MEETING. 45 �1 197 1� k'. CHAIRMAN SIEBERT REPORTED THAT HE HAD ATTENDED THE PUBLIC HEAR— ING IN WEST PALM BEACH ON THURSDAY, MARCH 18TH, IN REGARD TO FORMING THE r NEW REGIONAL PLANNING DISTRICT AND HAD NOTIFIED THEM THAT WE AGREED WITH H THEM IN PRINCIPAL, BUT COULD NOT AGREE TOTALLY UNTIL IT WAS DECIDED HOW THE COSTS AND THE METHOD OF VOTING WOULD BE DETERMINED. COMMISSIONER WODTKE INFORMED THE BOARD THAT HE HAD ATTENDED A MEETING IN TAMPA FOR TWO DAYS AS A REPRESENTATIVE FOR THE DISTRICT 18 R MENTAL HEALTH BOARD AND WAS ASKED AT THAT MEETING TO ACCOMPANY THE OTHER REPRESENTATIVES TO TALLAHASSEE, WHICH HE DID. HE CONTINUED THAT HE STUDIED T A.ROUGH DRAFT OF THE BILL IN REGARD TO THE REORGANIZATION OF THE MENTAL • HEALTH PROGRAM, WHICH SEEMINGLY REMOVED MANY OF THE ITEMS PREVIOUSLY OB— JECTED TO, BUT RECEIVED A LATER DRAFT WHICH AGAIN INCLUDED THESE SAME ITEMS, AND HE WAS STILL CONCERNED ABOUT THE MANDATORY FUNDING, THE APPOINT— MENT OF THE DISTRICT ADMINISTRATOR, AND THE POSSIBILITY OF A WEIGHTED VOTING SITUATION. COMMISSIONER WODTKE THEN DISCUSSED THE MATTER OF RESTRICTED TRAFFIC ON 43RD AVENUE FROM OSLO ROAD TO THE SOUTH COUNTY LINE AND STATED v M HE FELT IT MIGHT BE BETTER TO ALLOW TRUCKS TO USE THIS ROUTE. ADMINISTRATOR JENNINGS SAID HE BELIEVED THIS RESTRICTION HAD BEEN PLACED ON BOTH 27TH AND -43RD AVENUES, F THE BOARD INSTRUCTED THE ADMINISTRATOR TO INVESTIGATE THIS MATTER AND REPORT ON IT FOR DISCUSSION AT THE NEXT MEETING. a COMMISSIONER WODTKE NEXT DISCUSSED THE PROBLEM THE D.O.T. WAS HAVING WITH THE VERO ISLES ASSOCIATION IN REGARD TO AN INTERSECTION AT INDIAN RIVER BOULEVARD AND 21ST STREET. HE STATED THAT THE D.O.T. HAS TRIED TO COOPERATE AND HAS BEEN AGREEABLE TO PUT THE INTERSECTION AT EITHER 21ST STREET OR 23RD STREET, ALTHOUGH THEY GREATLY PREFER THE 21ST STREET LOCATION, BUT THE VERO ISLES ASSOCIATION NOW WISHES THIS INTERSEC— TION LOCATED AT STARFISH DRIVE. THE D.O.T. FEELS THIS LOCATION WILL CAUSE MANY PROBLEMS AS IT CANNOT BE SIGNALIZED AND LEFT TURNS WOULD BE VERY HAZARDOUS. COMMISSIONER WODTKE CONTINUED THAT THE CITY OF VERO BEACH HAS =" i VOICED NO OBJECTION TO THE STARFISH DRIVE LOCATION, BUT HE FELT IT IS THE E • COUNTY'S PROBLEM RATHER THAN THE CITY'S AS IT IS COUNTY MONEY BEING SPENT AND WE SHOULD BE CONCERNED ABOUT SERVING ALL THE PEOPLE RATHER THAN JUST A FEW. 46 DISCUSSION FOLLOWED, AND ADMINISTRATOR .JENNINGS FELT THE BOARD SHOULD MAKE THEIR WISHES IN THIS REGARD KNOWN TO THE D.O.T. AS SOON AS POSSIBLE AS THIS WORK IS READY TO BE LET, AFTER FURTHER DISCUSSION, CHAIRMAN SIEBERT INSTRUCTED THE ADMINISTRATOR TO ADVISE THE D.O.T. THAT WE ARE AWARE OF THIS SITUATION; THAT WE FEEL THEIR ORIGINAL SUGGESTION OF 21ST STREET IS THE BEST SOLU- TION; AND THAT A RESOLUTION IS BEING PREPARED TO BE ACTED ON AT THE MEET- ING OF APRIL 7TH. THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT WERE APPROVED AND WApANTS ISSUED IN SETTLEMENT OF SAME -AS FOLLOWS: GENERAL FUND N0. 5110 - 5112 INCLUSIVE; ROAD•AND BRIDGE FUND NOS. 2648 - 2650 INCLUSIVE; FINE AND FORFEITURE FUND Nos. 991 - 992; AND TREASURY FUND NOS. 51299 - 51383 IN- CLUSIVE. 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 7:40 O'CLOCK P.M. r ATTEST: _ a &ERC CHAIRMAN •47 MAR 2 41976 fir'