HomeMy WebLinkAbout5/19/1976r ..
WEDNESDAY, MAY 19, 1976
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THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
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FLORIDA, MET.IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA,
ON WEDNESDAY, MAY 19, 1976, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLARD W.
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SIEBERT, JR., CHAIRMAN. WILLIAM C.,WODTKE, JR., VICE�CHAIRMAN; p'MA
LEE Loy, EDWARD J. MASSEY, AND EDWIN S. SCHMUCKER, ALSO PRESENT WERE
.JACK G. .JENNINGS, COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS, COUNTY
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COORDINATOR, GEORGE G. COLLINS, .JR., ATTORNEY TO THE BOARD OF COUNTY
COMMISSIONERS; .JACK HOCKMAN, FINANCE OFFICER, AND VIRGINIA HARGREAVES,
DEPUTY CLERK.
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THE CHAIRMAN CALLED THE MEETING TO'ORDER.
COMMISSIONER WODTKE LED THE.PLErGE OF ALLEGIANCE TO THE FLAG,
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AND ADMINISTRATOR tJENNINGS GAVE THE INVOCATION.
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THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE SPECIAL MEETING OF APRIL 28, 1976.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING
OF APRIL 28, 1976, AS WRITTEN.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE REGULAR MEETING OF MAY S, 1976.
COMMISSIONER WODTKE REQUESTED THAT ON PAGE 40, 1ST PARAGRAPH,
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"HOLLY COLE" BE CORRECTED TO READ "POLLY CROWELL."
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CHAIRMAN SIEBERT REQUESTED THAT ON PAGE 7, THE FIRST PARAGRAPH }
BE CORRECTED TO READ "CHAIRMAN SIEBERT ASKED..." INSTEAD OF "COMMISSIONER
LOY ASKED..."
COMMISSIONER WODTKE REQUESTED THAT ON PAGE 40, 2ND PARAGRAPH,
THE MOTION BE CORRECTED TO INCLUDE HIS NAME ALONG WITH THAT OF S. LEE Nam ;
FOR OUT -OF -COUNTY TRAVEL TO ATTEND A CIVIL DEFENSE SEMINAR IN WILDWOOD.
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THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER
WODTKE, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED
THE MINUTES OF THE REGULAR MEETING OF MAY a, 1976, AS WRITTEN.
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ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCHMUCKER, THE HOARD UNANIMOUSLY APPROVED OUT—OF—COUNTY TRAVEL FOR
ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS, TO ATTEND A CONVENTION FOR
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FLORIDA STATE ASSOCIATION OF SUPERVISORS OF ELECTIONS TO BE HELD IN
JACKSONVILLE .JUNE I TO JUNE 5, 1976.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCHMUCKER, THE HOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLL, LL CIRCUIT
COURT, SPRING TERM, 1976, IN THE AMOUNT OF $76.80.
THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE
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OFFICE OF THE CLERK.
REPORT OF CONVICTIONS FOR COUNTY COURT FOR THE
MONTH OF APRIL, 1976.
REPORT OF CONVICTIONS, CIRCUIT COURT, FOR THE
MONTH OF APRIL, 1976,
JACK HOCKMAN, FINANCE OFFICER, DISCUSSED THE SEMI—ANNUAL REPORT
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WITH THE BOARD AND NOTED THAT REVENUES ARE COMING IN VERY WELL, HE EX—
PLAINED TO THE BOARD THE PROCEDURES FOLLOWED IN CHARGING FOR UTILITIES,
RENTALS, ETC. AND REVIEWED BRIEFLY THE EXPENDITURES OF VARIOUS DEPART—
MENTS.
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CHAIRMAN SIEBERT ANNOUNCED THAT ITEM 4 ON THE AGENDA, A REQUEST
FROM ROBERT STONE, STATE ATTORNEY, HAS BEEN WITHDRAWN AS IT SEEMS THERE
IS PENDING LEGISLATION THAT MAY HAVE SOME BEARING ON OFFICE SPACE FOR
STATE EMPLOYEES.
HAMILTON ARDEN APPEARED REPRESENTING THE VERO BEACH KIWANIS
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CLUB AND MADE A PRESENTATION REGARDING IMPROVEMENTS THEY DESIRE TO MAKE
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e AT KIWANIS—HOBART PARK, HE WAS ACCOMPANIED BY A. LEROY HIGHT, SUPERVISOR
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OF KIWANIS—HOBART PARK.
MR. ARDEN INFORMED THE BOARD THAT THE KIWANIS CLUB INTENDS TO
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REPLP.CE THE OLD DOCK AND EXTEND IT OUT FURTHER AND ALSO PLANS TO REPLACE
A NUMBER OF THE RUSTED—OUT CHARCOAL GRILLS AT THEIR OWN EXPENSE. HE
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CONTINUED THAT THEY FEEL THERE IS A NEED FOR ONE LARGE PICNIC PAVILION
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AND ARE PLANNING ONE THAT WILL SEAT ABOUT 130 PEOPLE. THE COST OF SUCH
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A PAVILION WILL BE $18,000.00, WHICH IS MORE THAN THE CLUB CAN BEAR,
AND THEY ARE ASKING THE COUNTY TO PARTICIPATE ON A 50-50 BASIS AND PAY
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$9,000.00. THEY ARE ALSO ASKING THAT THE COUNTY CLEAR AND PREPARE THE
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SITE.
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CHAIRMAN SIEBERT ASKED IF THEY INTEND TO KEEP THIS PARTICULAR
AREA AS A RESERVED AREA.
MR. HIGHT ANSWERED THAT THIS PAVILION IS INTENDED TO BE USED
STRICTLY FOR RESERVATION BY LARGE GROUPS. HE NOTED THAT WHERE THEY DESIRE
TO LOCATE IT THERE IS -AN AREA THAT COULD BE LEVELED OUT FOR PARKING, BUT
THE LAND IS MOSTLY COVERED WITH PALMETTO SCRUB AND WOULDE
N ED SOME MARL.
MR. ARDEN THEN DISPLAYED A DRAWING OF THE PARK SHOWING WHERE
THE VARIOUS LAKES ARE LOCATED AND STATED THAT THEY HAVE BEEN DISCUSSING
CONNECTING THE VARIOUS LAKES WITH CANALS SO IT WOULD BE POSSIBLE TO BOAT
OR CANOE FROM ONE TO ANOTHER. THEY DO NOT PLAN TO CONNECT THE ONE LO—
CATED BEHIND THE SUPERVISOR'S HOUSE. HE NOTED THAT MOST OF THE WORK COULD
BE DONE BY COUNTY PERSONNEL.
THE ADMINISTRATOR STATED THAT THERE WASMINIMUM ALLOWANCE IN
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THE BUDGET THIS YEAR FOR MAINTENANCE, AND HE DID NOT THINK THERE IS
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ENOUGH LEFT TO COVER THE PROPOSED PROJECTS.
CHAIRMAN SIEBERT SUGGESTED ESTIMATING THE AMOUNT REQUIRED FOR
THIS WORK, PUTTING IT IN ONE FUND, AND USING REVENUE SHARING FUNDS FOR
PARK IMPROVEMENT.
AFTER FURTHER DISCUSSION, COMMISSIONER Loy MADE A MOTION THAT
THE BOARD COOPERATE WITH THE KIWANIS CLUB ON A 5050 BASIS ON THE INSTAL—
LATION OF A PAVILION AT KIWANIS—HOBART PARK FOR THE AMOUNT OF $18,000.00,
THE COUNTY TO PAY $9,000.00; THESE FUNDS TO BE TAKEN FROM FEDERAL REVENUE
SHARING FUNDS. MOTION WAS SECONDED BY COMMISSIONER SCHMUCKER.
THE CHAIRMAN INFORMED MR. ARDEN THAT THE BOARD WILL INSTRUCT
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THE ADMINISTRATOR TO MAKE UP A COST ESTIMATE FOR THE CLEARING AND PREPARA—
TION OF THE PAVILION SITE AND PARKING AREA AND THE PROPOSED CONNECTING
OF THE LAKES. HE THEN ASKED MR. ARDEN TO CONVEY THE BOARD'S THANKS TO
THE KIWANIS CLUB FOR THEIR DEDICATION IN WORKING FOR THE BENEFIT FOR THE
4 CITIZENS OF THIS COUNTY.
THE CHAIRMAN CALLED FOR THE QUESTION, IT WAS VOTED ON AND
:I. CARRIED UNANIMOUSLY.
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CHAIRMAN SIEBERT INFORMED THE BOARD THAT HE HAD RECEIVED A
LETTER FROM THE D.O.T. IN REGARD TO THE ENTRANCE TO VERO ISLES, AND THEY
ARE VERY RECEPTIVE TO THE PROPOSED PLAN TO BRING 21ST STREET INTO ALIGN-
MENT WITH PARK AVENUE.. HE CONTINUED THAT THEY HAVE ASKED THE COMMISSION-
ERS FOR THEIR CONCURRENCE WITH THE PROPOSED PLAN.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER Loy,
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THE BOAhD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO NOTIFY THE D.O.T. THAT
WE ARE IN CONCURRENCE WITH THEIR RELOCATION OF THE 21ST STREET ENTRANCE
IN ALIGNMENT WITH PARK AVENUE AND APPRECIATE THEIR CONTINUED COOPERATION
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WITH INDIAN RIVER COUNTY IN TRYING TO WORK OUT THE NEEDS OF THE CITIZENS.
COMMISSIONER LOY DISCUSSED A LETTER RECEIVED FROM THE INDIAN
RIVER COUNTY SCHOOL BOARD REQUESTING.THE COUNTY TO SHARE ONE-HALF OF THE
COST OF THE SUMMER RECREATION PROGRAMS IN THE NORTH END OF THE COUNTY AS
THEY HAVE IN THE PAST, SHE NOTED THAT THIS IS ONE OF THOSE SITUATIONS
WHERE WE PAY THIS YEAR FOR LAST YEAR`S PROGRAM AND WOULD BE PLEDGING NOW
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TO NEXT YEAR`S BUDGET. THE COST OF THESE PROGRAMS IS ESTIMATED AT
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$21,550.00.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER WODTKE,
THE BOARD UNANIMOUSLY AGREED TO PARTICIPATE ON A 50-50 BASIS WITH THE
INDIAN RIVER COUNTY SCHOOL BOARD ON THE PROPOSED SUMMER RECREATION PRO-
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GRAMS FOR THE NORTH COUNTY AS OUTLINED IN THEIR LETTER OF MAY 11, 1976,
WHICH LETTER IS HEREBY MADE A PART OF.THE MINUTES; SAID FUNDS TO COME
OUT OF NEXT YEAR`S BUDGET.
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OAY 191976
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WARREN T. ZEUCH, JR. WILLIAM H. MOCLURE
CHAIRMAN SUPERINTENDENT
THOMAS R. JONES INDIAN RIVER COUNTY SCHOOL, BOARD
VICE CHAIRMAN AREA CODE 305
JOE N. IDLETTE, JR. POST OFFICE BOX 2648 657-7165
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LOIS KRAMER
• DOROTHY A. TALBERT VERO BEACH, FLORIDA o 32960
May 11, 1976
Pic. W. W. Siebert, Jr., Chairman
Indian River County Commission
Courthouse ,
• Vero Beach, Florida
Hear Mr. Siebert:
The Indian River County School Board and the County °Commissioners have cooper-
ated in providing summer recreation programs the past few years for the north
county area with the cost of the programs shared by each agency. The programs
have had excellent participation and the average daily attendance for the past
summer was in excess of 1,000 students.
Programs planned for this summer will run for a period of six weeks from
j June 18 through July 30, 1976. Centers have been planned for Indian River
- Middle School -7, Douglas Elementary School, and one in the north county area
with the following instructors at each center:
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Indian River Middle School -7 8 instructors
Douglas Elementary School 2 instructors
North County Recreation Area 3 instructors
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The programs as planned are estimated to cost $21,550.00, and were approved by
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the Indian River County School Board at their regular meeting of May 10, 1976.
The Board also approved requesting the County Commissioners to participate and
share one-half the cost of the programs in the north end of the county as they
have in the past.
1 Your cooperation in the summer recreation programs for north county residents
will be greatly appreciated:
,Yours
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7.. very truly,
William H. McClure
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Superintendent
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MY 9 17 :x 8 Poi$ rA
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L. B. "BUCK" VOCELLE, ATTORNEY, APPEARED REPRESENTING W. E.
"BUD" .JENKINS, WHO IS APPEALING THE CEASE AND DESIST ORDER ON HIS MINING
OPERATION ISSUED BY THE COUNTY ADMINISTRATOR AND DEWEY WALKER, ZONING
i DIRECTOR, ON APRIL 21, 1976.
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ATTORNEY VOCELLE INFORMED THE BOARD THAT MR. .JENKINS WAS PRESENT
IN ORDER TO ANSWER ANY QUESTIONS THE BOARD MIGH-r HAVE, HE CONTINUED THAT
MR4 JENKINS OWNS ACREAGE ABUTTING THE NORTH RELIEF CANAL WHERE THE GIFFORD '
RATE TRACK IS NOW LOCATED, AND THIS LAND HAS BEEN IN MINING OPERATION
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SINCE THE EARLY `30`S. ATTORNEY VOCELLE THEN PRESENTED A DOCUMENT SIGNED
F BY MESSRS. MCCULLERS, SWORDS, PAUNT rP.'e' CHADWICK, E,rIDENICIN'-
THAT cslS
MINING OPERATION HAS BEEN IN EN—.L 'EECE % LONIG 7111E. T4Iw 1;0C ee€iT IS
MARKED "EXHIBIT 1rr AND MADE PART OF THESE MINUTES AS FOLLOWS:
EXHIBIT 1
Y 19.1976
Bud Jenkins' Dirt Hauling
2046 39th Avenue
Vero Beach, Florida 32960
April 15, 1975
TO WHOM IT MAY CONCERN:
This is to certify that I have mined on the Jenkins
property before the property was bought by Mr. Jenkins.
Sincerely,
, �.
L r I 7�v., /.7r,y milt/.4 a
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ATTORNEY VOCELLE DISCUSSED THE FILLING IN OF A 40° BERM WHICH
THE COUNTY IS REQUIRING BEFORE OPERATIONS CAN BE RESUMED AND EXPLAINED
THAT FINANCIALLY THIS IS PRACTICALLY IMPOSSIBLE AS THEY HAVE ESTIMATED IT
WOULD COST APPROXIMATELY A QUARTER OF A MILLION DOLLARS. HE INFORMED THE
BOARD THAT MR. JENKINS HAD APPEARED BEFORE THE BOARD OF SUPERVISORS OF
THE INDIAN RIVER FARMS WATER MANAGEMENT DISTRICT, WHO ARE CONCERNED WITH
THE NORTH RELIEF CANAL ADJACENT TO HIS PROPERTY. HE READ TO THE BOARD
A LETTER FROM THE INDIAN RIVER FARMS DRAINAGE DISTRICT, WHICH IS MARKED
"EXHIBIT 2" AND MADE A PART OF THE MINUTES AS FOLLOWS:
EXHIBIT 2
SMITH, HEATH, SMITH & O'HAIRE • Au mere
R. D. CARTES. ENGINEERING FIRM. INC. • Eagioeers
INDIAN RIVER FARMS DRAINAGE DISTRICT
4400 20th Street
VERO BEACH, FLORIDA - 32960
Board of Saper th—
P. R. ROBERTSON
FAVI. R. ROBERTSON, President of the Board F. D. GUNTER
JOHN S.1. AMOS. Semum-?trio er W. C. GRAVES. III
May 17, 1976
Board of County Commissioners
Indian River County
County Court House
14th Avenue
Vero Beach, F1. 32960
Gentlemen;
Please be advised that Mr W E Jenkins did appear before the Board
of Supervisors of the Indian River Farms Water Management District
at their regular meeting of May 13, 1976, to request a statement of
position as pertaining to the existing barrow pit on his property
adjacent to the south side of the North Relief Canal right of way
in the southeast a of Section 15-32-39.
After report of an on site inspection of the existing barrow pit
and contiguous north relief canal right of way, the Board of Super-
visors agreed and duly made a part of their minutes that they had
no objections to the existing borrow pit subject to the following
provisions:
1. That no further material be dug, mined or otherwise removed
within one hundred and fifty (150) feet of the south right of way
of the north relief canal.
2 That the existing vegetation along the north side of said pit
not be disturbed or removed in any way that may reduce the stabil-
izing effect it has on said bank.
Respectfuly-s4bmitted,
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ATTORNEY VOCELLE POINTED OUT TO THE BOARD THAT THIS CEASE AND
DESIST ORDER HAS PUT MR. JENKINS OUT OF BUSINESS, WHICH HE FEELS IS A
REAL HARDSHIP, ESPECIALLY IN REGARD TO A PIECE OF PROPERTY THAT HAS BEEN
MINED SINCE THE '30"S. HE ASKED THAT THE.BOARD PERMIT MR. .JENKINS TO
CONTINUE IN HIS BUSINESS SUBJECT TO THE REQUIREMENTS SET OUT IN THE LETTER
FROM THE INDIAN RIVER FARMS DRAINAGE DISTRICT.
MR. .JENKINS TOOK THE FLOOR AND STATED THAT HE REALLY FEELS THE
BOARD OF COUNTY COMMISSIONERS IS DOING A GOOD JOB ON THE NEW PIT OPERA—
TIONS, AND HE DOES NOT DISAGREE WITH WHAT HAS BEEN DONE AT ALL AS IT IM—
PROVES THE PROPERTY AND ELIMINATES HAZARDS. HE CONTINUED THAT HE HAS HAD
A TOPO RUN ON HIS PROPERTY AND THERE IS PROBABLY ONLY ABOUT 300,000 YARDS
OF MATERIAL LEFT TO MINE. HE STATED THAT HE WOULD LIKE TO GO IN AND
FINISH IT AND MAKE THE PROPERTY WORTHWHILE TO BE USED FOR SOMETHING RATHER
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THAN DESTROY IT.
CHAIRMAN SIEBERT ASKED DEWEY WALKER, ZONING DIRECTOR, TO STATE
THE POSITION OF THE COUNTY.
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MR. WALKER INFORMED THE BOARD THAT IN 1957 THE ZONING ORDINANCE
ALLOWED MINING IN AGRICULTURALLY ZONED DISTRICTS; HOWEVER, IT WAS STIPU—
LATED THAT A PIT COULD NOT COME CLOSER TO A ROAD RIGHT—OF—WAY THAN 150
FEET. IN 1957 THIS PROPERTY WAS REZONED TO M-1, WHICH DOES NOT AL.
MINING. MR. JENKINS WAS WARNED IN NOVEMBER OF 1972 THAT HE MUST COMPLY
WITH THE NEW COUNTY REGULATIONS PERTAINING TO DIRT MINING. MR. WALKER
PRESENTED AERIAL PHOTOS OF THE PROPERTY SHOWING THAT IT HAS BEEN DUG OUT
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IN A MINING OPERATION SINCE 1973 AND IS DUG OUT RIGHT UP TO THE PROPERTY
LINE, WHICH IS A CLEAR CUT VIOLATION OF THE ZONING ORDINANCE.
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MR. WALKER INFORMED THE BOARD THAT CEASE AND DESIST ORDERS
HAVE ALSO BEEN,ISSUED TO PAN AMERICAN ENGINEERS, MR, CARLSWARD AND H. L.
FLETCHER, AND THEY MUST ALL COMPLY WITH THE REGULATIONS BEFORE THEY CAN
BEGIN THEIR OPERATIONS AGAIN, MR. JENKINS` SITUATION, THEREFORE, IS NOT
AN ISOLATED CASE, AND HE HAS NOT BEEN SINGLED OUT. MR. WALKER FURTHER
NOTED THAT PAN AMERICAN ENGINEERS HAVE SAID THEY WOULD COMPLY BEFORE THEY
HAUL ANY MORE MATERIAL, AND MR. CARLSWARD HAS FILLED IN AND IS AT PRESENT
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ASKING FOR A REZONING TO BUILD RESIDENCES.`
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ATTORNEY VOCELLE NOTED THAT MR. JENKINS HAS ATTEMPTED TO FILL
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BY DUMPING STUMPS THERE. HE NOTED THAT THE ENVIRONMENTAL AGENCY STATES
THEY HAVE NO JURISDICTION OVER PRIVATE OWNERS ON PRIVATE PROPERTY, BUT
THEY DID SAY THERE THERE WOULD BE A POLLUTION PROBLEM DUE TO THE ACIDITY
OF THE STUMPS AS THEY ROT. HE CONTINUED THAT MR. JENKINS IS ASKING FOR
SOME RELIEF ON THIS PROBLEM AS HE DOESN'T KNOW HOW TO GO ABOUT FILLING
IN THE 40° BERM, HE ALSO NOTED THAT HE WAS SURE MR. WALKER WOULD AGREE
THAT MR. JENKINS HAS DONE A GOOD JOB OF FILLING IN HOLES AND LEVELING
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THE PROPERTY.
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MR. WALKER POINTED OUT THAT WE HAVE JUST ASKED MR. JENKINS TO
DO SOMETHING THAT WILL GIVE US AN INDICATION HE IS TRYING TO CORRECT THE
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SITUATION. HE NOTED THAT NOTHING WAS.EVER DONE UNTIL THE CEASE AND DESIST
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ORDER WAS ISSUED, AND THEN HE STARTED TO DO A LITTLE BIT, BUT NOT ENOUGH
TO IMPRESS US. HE SUGGESTED THAT POSSIBLY OLD CEMENT BLOCKS COULD BE
DUMPED IN TO FILL THIS AREA,
CHAIRMAN SIEBERT STATED THAT HE CANNOT UNDERSTAND WHY MR.
JENKINS KEPT ON VIOLATING THE ORDINANCE OVER THE YEARS AFTER REPEATED
WARNINGS. HE POINTED OUT THAT THE REGULATIONS WERE IN FORCE WHEN MR.
JENKINS BOUGHT THE PROPERTY, AND STILL HE EXTENDED THE OPERATION FROM
400' TO 1200'.
ADMINISTRATOR .JENNINGS STATED THAT THE ENFORCEMENT OF THE MINING
ORDINANCE HAS BEEN A LONG TIME COMING TO THE POINT WHERE IT IS NOW. HE
NOTED THAT NOW ALL MINING OPERATORS MUST GET PERMITS AND POST BONDS, AND
HIS OFFICE MUST TREAT MR, JENKINS THE SAME AS ANYONE ELSE.
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• THE ADMINISTRATOR CONTINUED THAT IF MR. JENKINS CAN GET A PER-
MIT FROM THE DEPARTMENT OF ENVIRONMENTAL REGULATION, HE WOULD BE GLAD
TO DIRECT THAT ALL THE DEBRIS WE ARE GETTING NOW BE SENT TO MR. .JENKINS'
PROPERTY TO FILL IN THE 40' BERM. HE ESTIMATED THAT THIS AREA COULD BE
FILLED IN ABOUT A YEAR OR LESS. HE NOTED, HOWEVER, THAT THE D.E.R. HAS
SHUT DOWN THE COUNTY STUMP DUMP, AND THE COUNTY HAD THE SAME TYPE ARRANGE-
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MENT WITH MR. CRIPPEN IN ROSELAND, BUT THEY SHUT US DOWN THERE ALSO.
DISCUSSION FOLLOWED ON THE POSSIBILITY OF OVERFLOW AS THE D.E.R.
WOULD BE CONCERNED IF OVERFLOW RAN INTO THE NORTH RELIEF CANAL,
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ADMINISTRATOR JENNINGS SUGGESTED THAT MR, JENKINS TAKE ALL THIS
INFORMATION TO THE D.E.R. IN ORLANDO AND EXPLAIN THE SITUATION TO SEE IF
THERE IS A WAY TO GET A PERMIT TO HAVE THIS FILLED IN SINCE Ia IS PRIVATE
PROPERTY AND THE COUNTY IS NOT INVOLVED, 'IF HE COULD OBTAIN SUCH A PER—
MIT, THEN POSSIBLY THE. COUNTY MIGHT BE ABLE TO HELP HIM WORK THIS OUT,
COMMISSIONER WODTKE NOTED THAT THE COUNTY MIGHT NOT BE ALLOWED
TO ENTER INTO IT, AND IT MIGHT HAVE TO BE HANDLED ON A PRIVATE BASI:o
ATTORNEY VOCELLE STATED THAT THEY WOULD BE HAPPY TO CONTACT
THE D.E.R. AS SUGGESTED AND TRY TO GET A PERMIT, BUT HE WOULD ASK THE
BOARD TO GIVE MR, JENKINS SOME CONSIDERATION ON A TEMPORARY BASIS TO GO
BACK INTO OPERATION,
MR, JENKINS POINTED OUT THAT THEY HAVE STOCK PILES OF DIRT
ALREADY THERE WITHOUT HAVING TO DO ANY DIGGING,
CHAIRMAN SIEBERT ASKED FOR ATTORNEY COLLINS` OPINION,
ATTORNEY COLLINS STATED HE FELT THAT IF YOU DO GRANT ANY LEEWAY
IN THIS APPEAL, EVERY OTHER MINER WHO IS TRYING.TO COMPLY WILL FEEL DIFFER-
ENTLY THAN IF THE ORDINANCE WERE BEING STRICTLY ENFORCED, AND IF YOU DO
ALLOW MR, JENKINS TO CONTINUE, YOU MIGHT CREATE AN ESTOPPEL SITUATION,
COMMISSIONER Loy POINTED OUT THAT THIS BOARD, AS WELL AS THE
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ZONING BOARD, THE MINERS THEMSELVES, AND OUR STAFF, HAVE WORKED OVER MIN—
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ING PROBLEMS FOR A NUMBER OF YEARS AND HAVE FINALLY COME UP WITH A SET
OF REGULATIONS THAT WERE FELT TO BE IN THE BEST INTERESTS OF THE PEOPLE
OF THIS COUNTY, SHE, THEREFORE, MADE A MOTION TO DENY THE APPEAL OF
MR, JENKINS TO REMOVE THE CEASE AND DESIST ORDER IN VIEW OF THE FACT THAT
EVER SINCE MR, JENKINS HAS OWNED THIS PROPERTY, HE HAS VIOLATED THE
ORDINANCE AS TO THE REQUIRED 150° SETBACK, MOTION WAS SECONDED BY COM-
MISSIONER MASSEY.
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DISCUSSION FOLLOWED, AND CHAIRMAN SIEBERT ASKED IF ANYONE COMES
UP WITH A PLAN AND INITIATES IT, CAN WE THEN ISSUE THEM A PERMIT? a
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ADMINISTRATOR JENNINGS STATED THAT JUST A PLAN IS NOT ENOUGH,
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THE REGULATIONS REQUIRE THAT IT MUST BEBACKED UP WITH ASSURANCE MONEY,
DEWEY WALKER STATED THAT MR, JENKINS WILL HAVE TO POST A MINI—
MUM BOND OF $5,000,00 BEFORE HE CAN CONTINUE OPERATIONS,
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COMMISSIONER WODTKE STATED THAT HE FEELS IT IS IMPORTANT TO
LIVE BY THE ORDINANCE THAT WE SPENT SO MUCH TIME AND EFFORT FORMULATING
AND CONTINUED THAT HE WILL VOTE FOR THE MOTION WITH THE UNDERSTANDING
THAT WE ARE ALL INTERESTED IN TRYING TO HELP SOLVE MR. JENKINS' PROBLEM.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
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JAMES SOLESBEE APPEARED IN REGARD TO A COUNTY DRAINAGE DITCa
NEAR HIS HOME. HIS HOME IS LOCATED.SOUTH OF NORTH WINTER BEACH ROAD IN
THE JENNINGS ADDITION TO QUAY SUBDIVISION, AND THE DITCH IS LOCATED BEHIND
HIS HOUSE AND ABOUT 100° FROM U.S.HIGHWAY 1. MR. SOLESBEE STATED THAT IT
HAS BEEN AT LEAST THREE YEARS SINCE THE DITCH HAS BEEN CLEANED OUT, AND
WHEN IT WAS LAST CLEANED OUT, IT WAS DUG BELOW THE BOTTOM OF THE CULVERT
AND STAGNANT WATER THREE TO FIVE FEET DEEP STANDS IN THIS DITCH AT ALL
TIMES, WHICH CREATES A DANGEROUS SITUATION FOR CHILDREN IN THE NEIGHBOR-
HOOD. HE PRESENTED PICTURES OF THE DITCH AND INFORMED THE BOARD THAT THE
ADMINISTRATOR HAD TOLD HIM IT WOULD BE FIVE TO SIX MONTHS BEFORE THE
DITCH COULD BE CLEANED OUT.
THE ADMINISTRATOR GAVE THE BOARD THE HISTORY OF THIS DITCH AND
STATED THAT IN ORDER FOR THE COUNTY TO GO IN AND OPEN THE DITCH UP ORIGI-
NALLY, IT WAS NECESSARY TO OBTAIN AN EASEMENT. MR, ANDREW WOODS GAVE THE
COUNTY A 208 DRAINAGE EASEMENT FOR THIS PURPOSE IN 1968. THE ADMINISTRA-
TOR AGREED THAT THERE WAS MATERIAL TAKEN OUT OF THE DITCH WITH A BACKHOE
AT ONE TIME, BUT STATED IT WOULD NOT HAVE BEEN CUT OUT TO A DEPTH THAT
WOULD LEAVE FIVE FEET OF WATER STANDING IN IT, HE AGREED THAT MR..SMESBEE.
HAS.-A:,.REAL:.PROBLEM, BUT NOTED THAT THE HEALTH DEPARTMENT DID NOT FEEL IT
WAS A HEALTH PROBLEM.
THE ADMINISTRATOR CONTINUED THAT THIS DITCH WAS IN NO WORSE
STATE THAN SEVERAL HUNDRED MILES OF DITCHES IN THE COUNTY. HE STATED THAT
MR. SOLESBEE HAD ASKED ABOUT FILLING THE DITCH, BUT THE PROBLEM WAS THAT
YOU COULDN'T GET IN THERE WITH TRUCKS AND EQUIPMENT AND STAY ON THE EASE-
MENT WHICH IS NOW OVERGROWN WITH TREES. IN ADDITION, HE POINTED OUT THAT
THE REAL PROBLEM IS THAT THE DITCH IS BELOW THE LEVEL OF THE PRIVATE CUL-
VERTS WHICH ARE ALL AT VARIOUS LEVELS, AND TO DO IT PROPERLY, YOU WOULD
HAVE TO CHANGE CULVERTS ALL THE WAY TO THE RIVER.
11
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COMMISSIONER SCHMUCKER STATED HE FOUND IT HARD TO BELIEVE THERE
WOULD BE FIVE FEET OF WATER STANDING IN THE DITCH, AND MR. SOLESBEE AD—
MITTED THAT HE WAS NOT POSITIVE ABOUT THE DEPTH.
COMMISSIONER WODTKE ASKED IF THERE WOULD BE ANY OBJECTION TO
MR. SOLESBEE PUTTING SOME FILL IN THE BOTTOM OF THE DITCH.
THE ADMINISTRATOR SAID THERE WOULD BE NO OBJECTION AS LONG AS'
IT DID NOT BLOCK THE FLOW LINE OF THE PIPE.
FURTHER DISCUSSION FOLLOWED AS TO THE DEPTH OF THE WATER AND
METHODS OF SOLVING THE PROBLEM, AND ADMINISTRATOR JENNINGS RECOMMENDED
THAT A PROFILE BE MADE OF THE DITCH AND A TEMPORARY EASEMENT WORKED OUT.
THE BOARD HAD NO OBJECTION.
THOMAS BALTIMORE, FIRE CHIEF OF ROSELAND VOLUNTEER FIRE DEPART—
MENT, APPEARED TO DISCUSS A BUILDING FOR THEIR FIRE DEPARTMENT. HE IN—
FORMED THE BOARD THAT THEY NOW OWN PROPERTY ON WHICH TO ERECT SUCH A
BUILDING AND WANT TO PUT UP A 30 X 60 METAL BUILDING. HE STATED IT WILL
COST ABOUT $1,100 TO $1,500 FOR THE CONCRETE SLAB AND ROUGHING IN THE
PLUMBING, AND THEY WOULD LIKE THE COUNTY TO CLEAR THE PROPERTY AND PUT IN
SOME FILL, WHICH IS NECESSARY BEFORE THEY CAN PUT DOWN THE SLAB.
COMMISSIONER LOY ASKED IF THEY HAVE ANY MONEY TO BUILD THE
BUILDING.
MR. BALTIMORE STATED THAT SO FAR THEY HAVE ONLY $2,300.00, BUT
HAVE SOME FUND RAISING PLANS. HE CONTINUED THAT THEY WILL JUST GO STEP
f +
BY STEP AND POSSIBLY COULD MORTGAGE THE LAND TO FINANCE THE BUILDING.
j THE COST OF THE METAL BUILDING WILL BE $7,900.00. ALL THEY ARE ASKING
NOW IS FOR THE COUNTY TO CLEAR THE PROPERTY AND PUT IN SOME FILL SO THEY
CAN PUT THE SLAB DOWN.
COMMISSIONER WODTKE INFORMED THE BOARD THAT THE FIRE STUDY
COMMITTEE HAD A MEETING LAST WEDNESDAY, MAY 12TH, WITH THE MAYORS OF THE
VARIOUS MUNICIPALITIES AND ARE UPDATING FIGURES AS TO FUTURE OUTLOOK.
a HE CONTINUED THAT HE WILL HAVE A MEETING WITH THE VOLUNTEERS HOPEFULLY
WITHIN THE NEXT WEEK OR TWO AND GET THEIR INPUT, HE NOTED THAT HE HAS.
TALKED TO PEOPLE IN THE SOUTH END OF THE COUNTY WHO WOULD LIKE TO DO
'i SOMETHING ALONG THE SAME LINE AS THE ROSELAND VOLUNTEER FIRE DEPARTMENT,
AND HE FEELS A STUDY SHOULD BE DONE TO DETERMINE WHETHER IT IS BETTER TO
HAVE SMALLER UNITS SCATTERED AROUND THE COUNTY OR LARGER MORE CENTRALLY
LOCATED DEPARTMENTS.
12
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MR. BALTIMORE NOTED THAT EVERYTHING THEY HAVE WILL GO BACK TO
THE COUNTY WHATEVER PLAN IS DESIRED AS IT WAS ALL BOUGHT WITH COUNTY MONEY.
CHAIRMAN SIEBERT DISCUSSED THE POSSIBILITY OF MONEY EVENTUALLY
COMING FROM A TAXING DISTRICT AND STATED THAT EVEN THOUGH A BUILDING IS
NEEDED TO HOUSE THE FIRE TRUCK, HE DID NOT FEEL DOING THIS PIECEMEAL IS
THE ANSWER.
COMMISSIONER WODTKE STATED THAT IN REGARD TO THE MATTER OF
CLEARING THE LAND FOR THE ROSELAND.VOLUNTEER FIRE DEPARTMENT, POSSIBLY
�.
THIS SHOULD BE REFERRED BACK TO THE COMMITTEE HE IS WORKING WITH.
MR. BALTIMORE INFORMED THE BOARD THAT THEY HAVE DECIDED THEY ARE
°
GOING TO GO AHEAD WITH THIS PROJECT; THAT IT WILL JUST BE SLOWER WITHOUT
THE COUNTY'S HELP.
COMMISSIONER LOY NOTED THAT OUR EXPERIENCE WITH THE PIECEMEAL
PROCESS HAS NOT BEEN TOO SATISFACTORY IN THE PAST. SHE CONTINUED `THAT
4 t
SHE FELT SHE COULD ASSURE MR. BALTIMORE THAT WHEN THEY ARE READY TO GO
�i
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AHEAD WITH THEIR BUILDING, THE COUNTY WILL HELP THEM, BUT SHE DOESN'T FEEL
IT SHOULD BE DONE AT THIS POINT.
-j
COMMISSIONER WODTKE REQUESTED MR. BALTIMORE TO HAVE A REPRESEN—
TATIVE OR TWO FROM THE ROSELAND VOLUNTEER FIRE DEPARTMENT ATTEND THE NEXT
FIRE STUDY COMMITTEE MEETING WHICH WILL BE HELD IN THE NEXT WEEK OR TWO
AND ASKED THAT HE GIVE.THE NAMES OF THESE'REPRESENTATIVES TO MRS. FORLANI,1I
SECRETARY TO THE BOARD. pp
CLOCK P.M. AND RECONVENED
THE BOARD THEN RECESSED AT 12.05 . O'CLOCK
AT 1:30 O'CLOCK P.M.
CHAIRMAN SIEBERT DISCUSSED THE DATES OF THE BOARD MEETINGS TO
BE HELD IN NOVEMBER AND DECEMBER, WHICH HE FELT SHOULD BE CHANGED SO THAT
THEY WOULD NOT CONFLICT WITH EITHER THE HOLIDAYS OR ELECTION DAY.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
,
SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE BOARD OF COUNTY COMMISSIONER
MEETINGS FOR THE MONTH OF NOVEMBER, 1976, BEING HELD ON NOVEMBER 3RD AND
NOVEMBER 17TH AND FOR THE MONTH OF DECEMBER, 1976, ON DECEMBER 1ST AND
DECEMBER 15TH.
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_
_ ATTORNEY COLLINS DISCUSSED A RESOLUTION IN REGARD TO RE
a ESTABLISHING AND ENCOURAGING THE RETURN OF SOVEREIGN IMMUNITY. HE NOTED
THAT NOW THE COUNTY.MUST SELF INSURE AGAINST LIABILITY FOR ANY NEGLIGENT
OR WRONGFUL ACT OF A COUNTY EMPLOYEE, AND RETURN TO SOVEREIGN IMMUNITY
t WOULD HELP REDUCE THAT EXPENSE.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTE— RESOLUTION N0. 76-35.
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RESOLUTION NO. 76-35
WHEREAS, Chapter 73-313, Laws of Florida, in accordance
with Section 13, Article Xe Florida Constitution, the State, for
itself and its'agencies or subdivisions, waived sovereign immunity
for liability of torts, to recover damages for injury or loss of
property, or death caused by the negligent or wrongful act or
omission of any employee of the agency or subdivision while
acting within the purview of his office or employment under
circumstances in which the State or agency or subdivision, if
a private person, would be liable to the claimant in accordance
with the general laws of the State of Florida; and
WHEREAS, the term "state agencies or subdivisions" include
the executive departments of the State as .well as the executive
departments of the County and all elected officials therein;
and
WHEREAS, actions at law against the County or any of its
agencies or subdivisions for injury or loss of property,
personal injury, or death caused by the negligent or wrongful
act or omission of any employee of the County while acting
within the scope of his employment or elected office under
circumstances in accordance with the general laws of the State
of Florida, may be prosecuted; and
WHEREAS, the Board of County Commissioners of Indian
River County, Florida, has sought, through the purchase of
adequate insurance, to provide for insurance coverage for all
departments of the County, employees, agents, and other
authorized persons, acting for and on behalf of the Board of
County Commissioners, Indian River County, Florida; and
WHEREAS, the Board of County Commissioners has provided
for separate accounts for workmen's compensation, general
liability, and fleet automotive liability insurance coverage;
.and
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RESOLUTION NO. 76-35
WHEREAS, Chapter 73-313, Laws of Florida, in accordance
with Section 13, Article Xe Florida Constitution, the State, for
itself and its'agencies or subdivisions, waived sovereign immunity
for liability of torts, to recover damages for injury or loss of
property, or death caused by the negligent or wrongful act or
omission of any employee of the agency or subdivision while
acting within the purview of his office or employment under
circumstances in which the State or agency or subdivision, if
a private person, would be liable to the claimant in accordance
with the general laws of the State of Florida; and
WHEREAS, the term "state agencies or subdivisions" include
the executive departments of the State as .well as the executive
departments of the County and all elected officials therein;
and
WHEREAS, actions at law against the County or any of its
agencies or subdivisions for injury or loss of property,
personal injury, or death caused by the negligent or wrongful
act or omission of any employee of the County while acting
within the scope of his employment or elected office under
circumstances in accordance with the general laws of the State
of Florida, may be prosecuted; and
WHEREAS, the Board of County Commissioners of Indian
River County, Florida, has sought, through the purchase of
adequate insurance, to provide for insurance coverage for all
departments of the County, employees, agents, and other
authorized persons, acting for and on behalf of the Board of
County Commissioners, Indian River County, Florida; and
WHEREAS, the Board of County Commissioners has provided
for separate accounts for workmen's compensation, general
liability, and fleet automotive liability insurance coverage;
.and
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:,
WHEREAS, the Board of County Commissioners of Indian
River County, Florida, finds it increasingly more difficult
to discharge their duties when under the constant threat of
civil suits, which, may more often than not, deal in damages,
injury, death, or the health, safety, and welfare of the
citizenry of Indian River County; and
-
WHEREAS, the Board of County Commissioners does not
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seek to shrink or withdraw from its responsibilities to the
citizens of Indian River County; and
WHEREAS, the only purpose served for the waiver of
sovereign immunity for Governmental Entities, due to the
irregularities of the law, is an open-door policy for civil
suits to be filed on behalf of individuals who seek monetary
retribution from the Counties of this State, their employees,
elected and appointed officials for their performance in the
discharge of their duties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
t
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: -
(1) The Indian River County Legislative Delegation
seek, by whatever means available, to immediately
and with haste provide legislation which would
restore sovereign immunity to the Counties of this
State.
(2) The Board requests support from the State Association
_
of County Commissioners for their aid in repealing
ti
73-313, Laws of Florida, those sections and sub-
sections, as indicated in Florida Statutes 768.28,
the waiver of sovereign immunity for the Counties of
the State of Florida.
_j
This Resolution shall become effective as of the
19th day of May , 1976.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN.RIVER COUNTY LO ID
By ZZ
,!Willard/W.
Sieb rt, Jr., a rman
r
Attests
Ralp arr:s, Clerk
i•
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MAY I 9! 1976
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ATTORNEY COLLINS NEXT BROUGHT TO THE BOARD'S ATTENTION A
RESOLUTION IN REGARD TO ESTABLISHING A SEPARATE DEPARTMENT OF HEALTH.
HE NOTED THAT HE HAD PREPARED IT ALONG THE LINES OF A SIMILAR RESOLUTION
ADOPTED BY PUTNAM COUNTY AND INFORMED THE BOARD THAT DR. FLOOD HAS RE-
VIEWED IT AND RECOMMENDS IT.
ON MOTION BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 76-36.
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RESOLUTION NO. 76-36
WHEREAS, the Florida Public Health Service has, by law,
been placed under the jurisdiction and control of the Department
of Health and Rehabilitative Services; and
WHEREAS, a review of the costs for past operations of the
County Health Departments, as compared to the operations of the
various other departments under the direction of HRS, indicates
that the Health Departments are providing a much more efficient
and economical operation; and
WHEREAS, as pointed out in Schedule "A", attached hereto,
any reorganization of the Department of Health could result in
less services to the citizens of Florida at a much greater cost
to the taxpayers.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows:
(1) That the Florida Legislature is urgently requested
to support Representative Earl Dixon's Bill to
establish a separate Department of Health, with a
Division of Public Health, to coordinate the over-
all activities of the various County Health
Departments.
(2) That the State Association of County Commissioners
and the Boards of County Commissioners of the
Counties of Florida are.urged to actively support
this request.
This Resolution shall become effective as of the 19th
day of May , 1976.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By
xko/J/��
Willard T. Siebe t, Jr., C i an
Attest:
Ralph Harris Clerk
COUNTY HEALTH DEPARTMENT INTEGRITY
The Florida public health system can be likened to a confederation of units,
known as County Health Departments, all having similar and different character-
istics in their health services programs and funding sources. These programs
and the funding are governed by many state laws and regulations that require
oversight of the entire system to be centralized at the state level. In
addition, each is governed, by county -laws, ordinances and regulations, which
in many cases contain safeguards for the public health over and above those
required by the state. This system has existed since 1931 under a partner-
ship arrangement between the state and the counties in the basic law known
as Florida Statutes, Chapter 154.
This system has worked exceedingly well. In fact, in the fiscal year ended
June 30, 1973, the DHRS Division of Health (which included the County Health
Departments) delivered 7,211,200 direct services to Florida citizens with
2,628 personnel, out of total services of 8,335,274, and total personnel of
32,863 for the entire Department of Health and Rehabilitative Services.
To state it another way, 8% of the personnel delivered 86.5% of the total
FIRS services in FY 73. Nowhere in government can one find a better value
per dollar expended than in public health, be it a federal, state, county,
or provately contributed dollar.. Conversely, the rest of DHRS delivered
only 13.5% of total services with 92% of total personnel. Nowhere can
you find a poorer value per dollar expended.
As stated previously, the CHD's are similar, yet the whole system is flexible.
It,provides for differences in public health programs offered in the various
counties due.to local geography, population, custons, funding. Coastal
counties are involved in shellfish programs while interior counties are not.
Some•CHD's are intimately involved with their county governing authorities
while others are not. A few even have their own laboratories. Others have
extensive environmental health programs. Yet all are involved in statewide
programs such as tuberculosis and venereal disease control.
The funding, administration and professional direction of CHD's is a complex
and intricately balanced process. It calls for local day-to-day and on -the -
spot guidance and decision making. In addition to local direction, and the
state -level coordination of statewide health programs, it calls for overall
coordination and evaluatiion of funds, budgets, and personnel at the state
level. It calls for a single agency that can provide overall, equitable
allocation of state funds to the CHD's; that can provide direct, fast
reaction and turnaround time between the CHD's, the state comptroller and the
division of personnel, or any other agency whose rules and regulations affect
the daily operations of the CHD's. The shorter, the more direct this
coordinative line can be, then the more efficiently and quickly can the CHD's
respond to local health needs. This coordinative state agency that can deal
directly with the CHD's and with other agencies is needed regardless of the
fact that the state contribution annually to the total CHD funds is as low
as 28% in some cases.
The funning and administration of the CHD is a very complex process that is,
unfortunately understood by comparatively few persons outside of the public
health professionals. The operation'of a County Health Department is not
something that can be learned vicariously. It is something that must be
experienced! The large daily voulme of services delivered, the sources of
funds and the management of those funds requires very fast reaction time
on the part of the CHD's and the coordinative agencies upon whom they must
depend. Some CND's may have as many as ten or more "operating budgets" and
some of these may be incorporated in the CHU Trust Fund Budget. Some have
general fund budgets supplied by their county governments in addition to funds
from ad valorem taxes. In addition, the counties have many millions of
dollars invested in the public health facilities and equipment used by the
CHD's. The interrelationships between programs and between budgets often
result in a management process akin to that of a finely woven fabric.
Any reorganization, which could ultimately result in less services to Florida
citizens at a much greater cost to the taxpayers, should be closely observed
and carefully evaluated. A system that calls for CHD personnel actions,
payrolls, travel vouchers, physician vouchers, vender invoices, etc., to be
processed through the HRS maze of district, secretariat, central personnel,
consultants, analysts, specialists, health program office, etc., before they
can ever get out of HRS to the division of personnel, the comptroller, or
I
COUNTY HEALTH DEPARTMENT INTEGRITY
The Florida public health system can be likened to a confederation of units,
known as County Health Departments, all having similar and different character-
istics in their health services programs and funding sources. These programs
and the funding are governed by many state laws and regulations that require
oversight of the entire system to be centralized at the state level. In
addition, each is governed, by county -laws, ordinances and regulations, which
in many cases contain safeguards for the public health over and above those
required by the state. This system has existed since 1931 under a partner-
ship arrangement between the state and the counties in the basic law known
as Florida Statutes, Chapter 154.
This system has worked exceedingly well. In fact, in the fiscal year ended
June 30, 1973, the DHRS Division of Health (which included the County Health
Departments) delivered 7,211,200 direct services to Florida citizens with
2,628 personnel, out of total services of 8,335,274, and total personnel of
32,863 for the entire Department of Health and Rehabilitative Services.
To state it another way, 8% of the personnel delivered 86.5% of the total
FIRS services in FY 73. Nowhere in government can one find a better value
per dollar expended than in public health, be it a federal, state, county,
or provately contributed dollar.. Conversely, the rest of DHRS delivered
only 13.5% of total services with 92% of total personnel. Nowhere can
you find a poorer value per dollar expended.
As stated previously, the CHD's are similar, yet the whole system is flexible.
It,provides for differences in public health programs offered in the various
counties due.to local geography, population, custons, funding. Coastal
counties are involved in shellfish programs while interior counties are not.
Some•CHD's are intimately involved with their county governing authorities
while others are not. A few even have their own laboratories. Others have
extensive environmental health programs. Yet all are involved in statewide
programs such as tuberculosis and venereal disease control.
The funding, administration and professional direction of CHD's is a complex
and intricately balanced process. It calls for local day-to-day and on -the -
spot guidance and decision making. In addition to local direction, and the
state -level coordination of statewide health programs, it calls for overall
coordination and evaluatiion of funds, budgets, and personnel at the state
level. It calls for a single agency that can provide overall, equitable
allocation of state funds to the CHD's; that can provide direct, fast
reaction and turnaround time between the CHD's, the state comptroller and the
division of personnel, or any other agency whose rules and regulations affect
the daily operations of the CHD's. The shorter, the more direct this
coordinative line can be, then the more efficiently and quickly can the CHD's
respond to local health needs. This coordinative state agency that can deal
directly with the CHD's and with other agencies is needed regardless of the
fact that the state contribution annually to the total CHD funds is as low
as 28% in some cases.
The funning and administration of the CHD is a very complex process that is,
unfortunately understood by comparatively few persons outside of the public
health professionals. The operation'of a County Health Department is not
something that can be learned vicariously. It is something that must be
experienced! The large daily voulme of services delivered, the sources of
funds and the management of those funds requires very fast reaction time
on the part of the CHD's and the coordinative agencies upon whom they must
depend. Some CND's may have as many as ten or more "operating budgets" and
some of these may be incorporated in the CHU Trust Fund Budget. Some have
general fund budgets supplied by their county governments in addition to funds
from ad valorem taxes. In addition, the counties have many millions of
dollars invested in the public health facilities and equipment used by the
CHD's. The interrelationships between programs and between budgets often
result in a management process akin to that of a finely woven fabric.
Any reorganization, which could ultimately result in less services to Florida
citizens at a much greater cost to the taxpayers, should be closely observed
and carefully evaluated. A system that calls for CHD personnel actions,
payrolls, travel vouchers, physician vouchers, vender invoices, etc., to be
processed through the HRS maze of district, secretariat, central personnel,
consultants, analysts, specialists, health program office, etc., before they
can ever get out of HRS to the division of personnel, the comptroller, or
r ,
wherever else they go, to say nothing of the return trip to the CHD's
destroys the fast reaction time so vital to the daily operations of the
CHD's and cannot even begin to match the efficiency of the Bureau of Local
Health Services of the old Division of Health. Such a bureaucratic process
can only lead ultimately to disastrous public health epidemic in the State
of Florida.
What is needed in Florida is embodied in Rep. Dixon's bill to establish a
separate Department of Health, with a Division of Public Health to coordinate
i the overall activities of the various County Heal'th-Departments. It would
continue the state and county partnership under FS 154. It would maintain
the local integrity of the County Health Departments and allow them to
deliver maximum services at lowest cost per dollar expended.
ATTORNEY COLLINS NEXT PRESENTED A RESOLUTION FORMALLY APPOINT—
ING JOHN HRKACH VETERANS SERVICE OFFICER FOR INDIAN RIVER COUNTY, WHICH
APPOINTMENT WAS PREVIOUSLY APPROVED AT THE MEETING OF APRIL 21, 1976.
ON MOTION -BY COMMISSIONER MASSEY, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 76-370 —
RESOLUTION NO. 76-37
WHEREAS, The Indian River County Board of County
Commissioners have recently received the resignation of the
County's Veterans Service Officer; and
WHEREAS, the County has received a recommendation
as to the replacement for said Veterans Service Officer;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that JOHN
HRKACH be hereby appointed Veterans Service Officer for
Indian River County, Florida.
Such Resolution shall become effective as of the
19th day of May , 19760
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER C UNTY FDORID4,
BY /,/,A. o,,77",�
Wil qar4W.SieZbert/,e3Zr/.,C i den
Attest: P �e���
Ralph . ami �'rr s` Clerk
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HEREBY MADE A PART OF THE MINUTES AS FOLLOWS:
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ATTORNEY COLLINS INFORMED THE BOARD THAT THE SUB—LEASE THE
COUNTY HAS WITH JEANETTE B. MERRIMAN FOR OFFICE SPACE IN THE PROFESSIONAL
BUILDING FOR THE STATE ATTORNEY IS FOR A YEAR WITH AN OPTION TO RENEW
FOR A SECOND YEAR. THE FIRST YEAR ENDED DECEMBER 31, 1975, AND WE ARE
NOW ON A MONTH TO MONTH TENANCY BASIS. THE ATTORNEY FELT A LETTER SHOULD
s
BE WRITTEN TO OUTLINE OUR INTENT TO REMAIN THROUGH THE SECOND YEAR.
ON MOTION BY COMMISSIONER SCAMUCKER, SECONDED BY COMMISSIONER
MASSEY, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY COLLINS TO WRITE A
LETTER TO JEANETTE B. MERRIMAN OUTLINING OUR INTENT TO COMPLETE THE SECOND
i
OPTIONAL TERM YEAR OF OUR SUB—LEASE FOR SPACE IN THE PROFESSIONAL BUILDING
FOR THE STATE ATTORNEY.
THE COMMISSIONERS NEXT DISCUSSED A LETTER RECEIVED FROM THE
POLICE CHIEF OF THE CITY OF HOLLYWOOD, FLORIDA, WITH REGARD TO A REPORT:
ON WASTE 11ANAGEMENT, INC., AND IT WAS AGREED THAT ATTORNEY COLLINS WOULD
RESPOND TO THIS LETTER ON BEHALF OF ALL OF THE COMMISSIONERS. NEITHER
.�
THE COMMISSIONERS NOR THE ATTORNEY HAVE POSSESSION OF THE DOCUMENTS IN
HEREBY MADE A PART OF THE MINUTES AS FOLLOWS:
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CITY of HOLLYWOOD, FLORIDA
POLICE DEPARTMENT • 32SO HOLLYWOOD BOULEVARD o ZIP 33021
SAM D. MARTIN LEROY R. HESSLER
Police Chid May 7, 1976 Assistant Police Chief
Mr. Willard W. Siebert, Jr.
.Vice Chairman
788 Acacia Road
Vero Beach, Florida 32960
Dear Mr. Siebert:
On March 30, 1976, a Stipulation and Judgment was entered
in the United States District Court for the Southern District
of Florida, Fort Lauderdale Division. A copy of this Stipu-
lation and Judgment is enclosed. =
I have been informed that you may have a copy of a report or
parts of a report on the bidders for the solid waste contract
for the City of Hollywood which report was issued in three
parts beginning June 30, 1975 consisting of sequentially
numbered pages 1 through 40 and variously known as "Special
Investigation, Waste Management, Inc.," "Continuation of the
Pending Investigation of the Solid Waste Industry Specifically
Concerning WasteManagement, Inc., SCA, and Browning-Ferris
Industries, Inc.," or "Continuation of the Report Referenced:
11
Ongoing Special Investigation. Pursuant to the requirements
of this Judgment, it is important that you transmit to me all
copies of this report or parts of this report which you may '
-
have in your possession for destruction. If you do not have
a copy of this report, or a part of this report, please advise
me of that fact.
{
k
Than you for our assistance and cooperation.
y y
Sincerely yours,
SAM D. MARTIN i
Police Chief'``
SDM:mb
Enclosure
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CHAIRMAN SIEBERT ASKED THAT ITEMS 13 (A) RECOMMENDATION FOR
APPOINTMENT TO THE BOARD OF ZONING ADJUSTMENT AND 13 (B) DISCUSSION RE
HOUSE BILL 3095 - COLLECTIVE BARGAINING FOR AGRICULTURAL EMPLOYEES, BE
STRUCK FROM THE AGENDA.
COMMISSIONER WODTKE INFORMED THE BOARD THAT WITH REGARD TO THE
MEETING OF THE EIRE STUDY COMMITTEE HELD IN INDIAN RIVER SHORES HE HAD
NOTHING TO ADD TO WHAT HE HAD REPORTED EARLIER IN THE MEETING WHEN THOMAS
BALTIMORE, FIRE CHIEF OF ROSELAND VOLUNTEER FIRE DEPARTMENT, WAS PRESENT.
HE STATED THAT HE WOULD LIKE TO REQUEST PERMISSION TO PROCURE INFORMATION
FROM THE PLANNING DEPARTMENT TO DETERMINE WHERE GROWTH IS ACTUALLY OCCUR-
RING IN ORDER TO MORE ACCURATELY PROJECT FUTURE GROWTH AND FUTURE NEEDS.
THE BOARD HAD NO OBJECTION. COMMISSIONER WODTKE DISTRIBUTED TO THE BOARD
COPIES OF THE MINUTES OF THE FIRE STUDY COMMITTEE MEETING HELD IN INDIAN
RIVER SHORES ON MAY 12TH.
VAL BRENNAN, COUNTY PLANNING DIRECTOR, DISCUSSED AN UNDATED
FORM LETTER HE HAS JUST RECEIVED IN REGARD TO THE 1980 CENSUS. HE IN-
FORMED THE BOARD THAT IT REFERS TO A CENSUS TRACT COMMITTEE AND ASKS FOR
I
INFORMATION RE ANY NEW CENSUS TRACT PLANS OR TRACT SPLITS WHICH MUST BE
SUBMITTED BY JUNE 30, 1976. HE NOTED IT ALSO REFERS TO A 1970 APPROVED
TRACT PLAN FOR INDIAN RIVER COUNTY AND A CENSUS TRACT MANUAL, NEITHER OF
WHICH HAS EVER BEEN RECEIVED BY HIM. HE STATED THAT HE WOULD LIKE IN-
STRUCTION FROM THE BOARD AS TO WHAT SHOULD BE DONE ABOUT THIS MATTER.
L. S. "TOMMY" THOMAS, COUNTY COORDINATOR, POINTED OUT THAT IF
YOU DO NOT MEET ALL THESE REQUIREMENTS, IT IS ALWAYS POSSIBLE THAT OUR
REVENUE SHARING FUNDS MIGHT BE SHUT OFF. HE ALSO NOTED THAT IN
r
.FEDERAL
THE PAST CENSUS INFORMATION CAME DIRECTLY TO THE CLERK AND POSSIBLY THAT
IS WHERE THIS INFORMATION IS.
IN DISCUSSION, IT WAS AGREED THIS MATTER SHOULD BE PURSUED IN
ORDER NOT TO JEOPARDIZE ANY FUNDS AND THAT A COPY OF THE INDIAN RIVER
COUNTY APPROVED TRACT PLAN FOR 1970 AND A COPY OF THE CENSUS TRACT MANUAL
SHOULD EITHER BE LOCATED OR OBTAINED.
CHAIRMAN SIEBERT ASKED COUNTY COORDINATOR THOMAS TO ASSIST
COUNTY PLANNER, VAL BRENNAN, IN TRYING TO ROUND UP THIS MATERIAL.
:,�,
f
• ..:.�.:,_.
._�...�....:.. ::mss _ .��.;._ .yam .._�. . _ _.::_ _ o�_��Lt_�-i��:. :...�.;�.�..�_
THE FOLLOWING PROCLAMATION HAVING BEEN RECEIVED IS HEREBY MADE
3
;• A
e
PART OF THE MINUTES,
P R O C L A M A T I O N
WHEREAS, JOSEPH No DeMARCO began working for Indian
River County on May 1, 1946; and
WHEREAS, JOSEPH No DeMARCO has been a grader operator
for the Indian River County Road and Bridge Department
continuously since his first day of work, having run
F
one machine for over'20 years and
WHEREAS, JOSEPH N. DeMARCO is a World War II
E -
Marine Veteran and has served Indian River County loyally
during the entire term of his employment.
j
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF
"-
1
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that
this Proclamation is entered for the purposes of showing
Indian River County's appreciation for the loyalty and
_
good service provided by JOSEPH N. DeMARCO since his first
f.
I.
employment with Indian River County on May 1, 19460
'
BOARD OF COUNTY COMMISSIONERS OF
.„
INDIAN IVER COUNT , F OR DA.
BY
W. S. er , ra, C a an
{;
.:{
May 12 � 1976
,.
25 ,
4
P:
a} S
1 ` �r
1
MAY1 1976
Iii ,t• •
.
'
o5 4 Un
a�
THE WATER PURCHASE AGREEMENT BETWEEN URBAN DEVELOPMENT UTILITIES,
INC., AND INDIAN RIVER COUNTY, HAVING BEEN FULLY SIGNED, IS HEREBY MADE
A PART OF THE MINUTES AS APPROVED AT A MEETING OF THE BOARD OF COUNTY
COMMISSIONERS ON DECEMBER 3, 1975.
M
i
7 '
WATER PURCHASE AGREEMENT
THIS AGREEMENT, entered into between URBAN DEVELOPMENT UTILITIES,
INC., a non-profit corporation in Indian River County, Florida,
hereinafter referred to as "UDU", and INDIAN RIVER COUNTY,
a political subdivision of the State of Florida, hereinafter ,
referred to as "COUNTY". 4
WITNESSETH:
WHEREAS, the COUNTY did, on January 5, 1973, enter into
an Agreement with the City of Vero Beach, Florida, and the said `
! Agreement provides for the COunty to purchase treated water
L
from the City of Vero Beach, Florida; and
WHEREAS, the COUNTY did, on November 6, 1973, enter into b
f i
Annex I to said Agreement with the City of Vero Beach, Florida,
and the said Annex I modifies, expands or spells out in detail
the terms and conditions of said Agreement; and
WHEREAS, it is the -intent and purpose of the COUNTY to
F
purchase treated water from the City of Vero Beach, Florida, under
5 r
said,Acreamenb and Annex I and to sell said treated water to UDU
upon the terms and conditions and limitations as set out in this
' Agreement; and -
WHEREAS, UDU desires to purchase said treated water from !
the COUNTY for resale to UDUts water customers, s
i
NOTI, THEREFORE, in consideration of the foregoing and
the mutual agreements hereinafter set forth, the parties do
agree as follows:
° t
1. Service Area
s
Distribution, resale, or consumption of water by UDU under
^ this Agreement shall be the area under the franchise granted
from the COUNTY To UDU and 1 -he area outside that franchise area
which is presently served by the UDU water system on the date - ?
of this Agreement, which is specifically designated as Exhibit
"A" attached hereto and made a part of this Agreement. s
. LAW OFFICES OF BURCH. COLLINS t1 BROWN
P. O BOX 3666 744 BEACHLAND BOULEVARD - VERO BEACH, FLORIDA 32960
PHONE 667.3463
P. O HOX 26" • 221 NARTH Lt. t+ NO 1 - HFt1AwrIAN, FLOrtIrIA 3295" i �+
+ i
PHONE 669.3150 +
'MAY 19 19,76
T s= -
�.. ,.
MAY 1 76
2 Notification of City
This Contract is contingent upon acceptance by the City
of -Vero Beach of the COUNTY'S Purchase Agreement with them, and
the Agreement by the City of Vero Beach to provide the necessary
water. Within fifty (50) days from the date of this Agreement,
the COUNTY will give the City of Vero Beach proper notification
that the COUNTY intends to activate its Water Purchase Agreement 7
with said City for the purposes stated in this Agreement. In
k
the event for any reason the City of Vero Beach refuses to supply
the necessary water to implement the terms of this Agreement
now or at any time during the term of this Agreement, UDU agrees
to hold COUNTY harmless and agrees that the parties shall upon
COUNTY'S request terminate this Agreement without liability to
COUN'RY
3. Vater System Interface
UDU will furnish, install, operate and maintain at its
own expense at the City of Vero Beach's water treatment plant
the necessary pumps, pipes, valves, controls, meters, meter house,
and accessories under approval of the Cityof Vero Beach, which
items mentioned above shall be constructed upon plans approved
by COUNTY prior to the beginning of installation.. UDU shall
further have the complete responsibility and shall pay the ;
expenses of transferring the water from the City of Vero Beach's
water treatment plant to UDU'S distribution area as established
herein, said responsibility shall include the attainment of all
necessary nights -of -way and the payment of all engineering and
4
attorneys' fees and other fees and costs involved. The parties
agree that the meter located at the water treatment plant in
k. w
Vero Beach shall be a standard type properly measuring the
quantity of water delivered to UDU. COUNTY shall approve the
meter prior to its purchase. Periodic meter calibration checks
by the COUNTY and the City of Vero Beach are authorized without
m-
„..1;,ar;... `ion by UD!:, A *peter registering not ore
i
�
i
-2- I
• LAW OFFICES OF BURCH• COLLINS 6: BROWN
P. 'O. BOX 3696 • 744 BEACHLAND BOULEVARD - VERO BEACH. FLORIDA 32960 .
PHONE 567-3463
- f. •�. LGX ?r,(: 12� NOR1i •x IICJ. I • tFRASTIAIJ.OFLORIDA 3205A i
j
PHQ.%” 569.3156
'
than five percent (5%) above or below the test result shall be
deemed to be accurate. The previous readings of any meter '
t,
disclosed by a test to be inaccurate shall be corrected within
`j.
ninety (90) days previous to such test in accordance with the
percentage of inaccuracy found by such test. If a test proves
the meter to be inaccurate, UDU shall immediately begin to
repair or replace the meter equipment at its own expense. In
the event the repairs or replacements by UDU are not completed
I
within ten (10) days, the COUNTY may perform the necessary
repairs or replacements and charge the expense back against #
UDU. Monetary adjustments shall be made between UDU and the
f
COUNTY upon completion of the testing. Ten (10) days is a
reasonable period of time within which said adjustment shall '
t.
be made. F
UDU will own all facilities furnished and installed
under this Paragraph and, further according to the construction
Y
plans and as built drawings relating to this project. Upon the
termination of this Agreement UDU will at its own.expense remove
same from the City of Vero Beach's water treatment plant site �
without cost to the City of Vero Beach or to COUNTY
4. Capacity and Distribution ' ti
The parties agree:
I
a) The maximum capacity allocated to UDU when this
Agreement is fully implemented shall be Two hundred Sixty
i
(260) gallons per minute or the equivalent of 1,220 residential
'i
units whichever is less.- In order to service in the future
the maximum number of residential units, UDU agrees not to 4'
service any non-residential users without the prior approval '
F:
of COUNTY, which approval may be withheld at COUNTY'S option.
�
COUNTY hereby gives its approval for UDU to immediately serve
I
Middle Six and•Seven Schools.
b) At the time this Agreement is signed and all the
conditions sta�aa herein satisfied, COUNTY shall
(. ..1loca e to ._ _ the equivalent of 600 single-
-3 -
LAW OFFICES OF BURCH. COLLINS & BROWN
-
P. .O. BOX 3686 • 744 BEACHLAND BOULEVARD • VERO BEACH. FLORIDA 32960
'
PHONE 567.3463
P. O BOX A65 221 NORTH U. R MO. 11 - SEBASTIAN.'FLORIDA 38958
' PHUNi..
MAY 1976'
:1�
'
family residential tap -ins to be used by the present water
customers of UDU in residential structures existing and by
Kiddle Six and Seven Schools, said.existing structures are to
the most part identified on Exhibit "A" attached hereto.
(2) Allocate (after satisfaction of the stated conditions
of this paragraph, i.e, 4(e), 4(g)- and 4 (h)) to UDU for the
benefit of any third party customer an additional 225 single-
family residential tap -ins ( which includes multiple -family
units) conditioned upon the compliance to COUNTY'S satis-
faction with paragraph 4 (e) of this Agreement and conditioned
upon the third party meeting all State, Federal and County
Rules and Regulations for the project involved.
C) Thereafter, for a period of six (6) months from completion
.of the water distribution system and the beginning of service,
COUtMY will allocate additional single-family residential tap -ins
as demand arises to UDU-, upon request, from its reserved -allocation
for the benefit of existing single-family residential structures
within the UDU Franchise area as defined herein and identified
as Exhibit "A". During the six (6) months period both COUNTY
and uDTJ will advertise this availability of water within the
franchise area.
d) COUNTY'S total allocation under (b), (c), and (h) not t
to exceed the maximum defined in (a) of this paragraph 4.
e) UDU agrees to upgrade and make operational the existing
sewer facilities in accordance with all County and State require-
ments, or in the alternative, UDU agrees to develop another sewage
disposal plant with a minimum capacity of 40,000 gallons per day
expandable to 100,000 gallons per day, meeting all County and State
regulations. Either plant and necessary supplemental lines, pump-
ing stations and operating equipment must be installed, operational
and on line; fully approved by all Governmental Agencies, owned
and
free and clear -of encumbrances and liens except for existing
f.
Farmers Home Administration loans by UDU, and to the extent of the
first 40,0^jO gallons capacity of either or both plants, used
ol rcsif!3nLial structures u-ithin
the UDU Franchise area as defined and if capacity allows not
-4-
LAW OFFICES OF BURCH. COLLINS & BROWN
P. O. BOX 3686 . 744 SEACHLAND BOULEVARD - VERO BEACH. FLORIDA 32960
PHONE 567.3463
P. ,.). OCK 2b, - :nj plon7-H U .-' ',0. 1 - .Sr MA'STI A.11. FLOPID/- 3'IMS0
• PHONE SS9-3156
more than 50 additional single-family residential units that may be`
f
under construction or to be constructed, prior to allocating the
225 tap -ins as stated in Paragraph 4 (b) (2) of this Agreement. It
i
is'anticipated that the up to 50 additional units above mentioned
will receive water out of this 225 allocation when available°
t.
f) UDU agrees to apply to FHA or other financing agencies
j
for sufficient funds to properly upgrade the existing facilities
. if necessary. ?'
g) UDU agrees that no water shall be allocated under 4 (b) (2)
j
of this Agreement until UDU has complied with Paragraph 4 (e) of
i
I
this Agreement to,COUNTY'S satisfaction°
i
t
EE
h) After the six (6) months period has expired unallocated
water shall continue to be allocated by UDU to service existing
structures as per Exhibit "A"o Conditioned upon compliance with
Paragraph 4 (e) UDU may also allocate to any other user; otherwise
any remaining allocation including the 225 tap -ins as set out in
4 (b) (2) shall remain unavailable until UDU has complied with
said Paragraph 4 (e)e
in the event of a violation of this provision, COUNTY '
after thirty (30) days' notice to UDU may terminate this
Agreement, may enjoin UDU from the violation, or may restrict
the gallonage flow of water sold to UDU bring the water flow
in conformity with the authorized number of hook-ups as set out
•
,..in this Agreements It is the clear intent of this paragraph that
•
the COUNTY'S concern is primarily to serve the existing need of
F
{
those residential structures having been built as to the date
t
of this Agreement, future needs to be handled as they arise
under the terms of this paragraph.
5e Rates and Charges
COUNTY will bill and UDU will pay for the bulk treated
f.
water at rates and charges defined in the Agreement and all `
-Annexes thereto, present and future, between the COUNTY and
.:t
the City of Vero Beach, Florida, plus a reasonable adminis- L'
trativE e::d,�r.sa aa�3essed by C^UI J. plus all applicable sales t
�r_11 malre monthly pay? o`_
the bulk bill irregardless of its success in receiving f
. LAW OFFICES OF-£SXiCH. COLLINS & BROWN
P. O. BOX 3686 744 BEACHLAND BOULEVARD • VERO BEACH. FLORIDA 32960
•
PHONE 867-3463
,
P. .r EIOX 266 VZI NOnTH U S ':O. t - SEBASTIAN, FLORIDA 32.058
•
PHONE 569.3t36
MAY 1
i 1976'
+�`I
1 Q ��'411
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t
4 .
payment from individual customers. Unpaid bills will become
t
'delinquent thirteen (13) days after date of billing and
i
seven and one-half percent (i 1/2%) interest will be charged
t
1 the delinquent bulk bills until paid. If any bill remains
t unpaid beyond thirty (30) days, the COUNTY may discontinue
its bulk water sale and distribution to UDU without liability.
6. Advance Payments
Prior to completion of the water system interface under
:Paragraph 3 of this Agreement, UDD will deposit with the
• r
t
COUNTY any deposit required by City and the lump sum amount of -
E
:Fifty Three Hundred and Forty Dollars ($5,340.00) which will
be retained by the COUNTY to assure payment of UDU°S water
t
:bill. in the event COUNTY must use part of its deposit, UDU
!
agrees to upgrade the deposit to its original amount and keep
said amount constant throughout the term of this Agreement.
'.
The deposit, less any unpaid water bills, will be returned to
..UDU upon termination of this Agreement. In the event any
1 `:
interest shall be required by law to be assessed on the deposit,
the parties agree that the interest shall be allowed to accumulate
thereby increasing the deposit.
•7. Construction Schedule
t o
If the UDU water system is not completed and placed in
operation within eighteen (18) months from the date of this
Agreement, the COUNTY may terminate this Agreement without
liability to COUNTY.
8. Term of Agreement
Unless terminated under the provisions of this Agreement or
by mut-nal consent, this Agreement shall remain in force and effect
for the same period provided in the Agreement between the COUNTY
and the City of Fiero Beach, Florida, which Agreement is attached
hereto and made a part of this Agreement as Exhibit "B".
9. Reports to County
Within thirty (30) days following the end of each quarter-
EE
annual period, UDU will submit to COUNTY a written financial
j
r-ua t::rly and ye -c -to -date income and exnenditurss
M
LAW OFFICES OF BURCH. COLLINS & BROWN
P. O. BOX 3696 • 744 BEACHLAND BOULEVARD • VERO BEACH. FLORIDA 32930
j
PHONE 567.3463`
i
P. O. BOK 269 • 221 NORTH U S NO. P - SERASTIAW.•FLORIDA 32958
-
' PHONE 509-3156
i�
t
4 .
^ 1 - N • 4
qr �. ..•. . -
of UDU. The first report will be submitted after one (1) full
quarter has transpired from COUNTY'S first delivery to UDU of the
water anticipated hereunder. COUNTY at any time, if satisfactory
explanations are not rendered upon request, shall have the `
right to have the books of UDU audited which audit shall be.
considered as a reasonable administrative expense. .COUNTY agrees
not to order an independent audit if UDU provides a current audit
r
by a CPA upon request. $;
10. Indemnification
UDU agrees to indemnify COUNTY, its employees and agents s `
from all losses, expenses and damages, including costs and
:E
.attorneys' fees that may be suffered during the period of this
i�
;Agreement incurred due to malfeasance, misfeasance, nonfeasance
or negligence of UDU® its employees or agents° an the event of
termination of this Agreement as provided herein, UDU specifically
agrees to indemnify and hold COUNTY harmless for any damages
:that may result against COUNTY by third party actions against
COUNTY.
11. Regulatory Agencies
This Agreement is subject to such rules, regulations, or
laws as may be applicable to similar agreements in this State and
the COUNTY and UDU will collaborate in obtaining such permits,
"
certificates or the like as may be required to comply therewith.
In the event of default by UDU under any of the terms of this
S
Agreement, UDU specifically waives their right to contest the
shutting off of the water by COUNTY based on any rules or.
="
regulations or laws that may be in effect at the present time or
in the future. •
f
12. Miscellaneous.
i
The construction of the coater supply system by UDU is
{= E
being financed by a loan made or insured by,.and/or a grant from
C.?i i l ----d States of America, act -41.n ; through the Farmers Home
yk
Administration of the United States Department of Agriculture,
and the provisions hereof pertaining to the undertakings of
:DJ are coniitiornd upon the a?proval, in writing, of the State
.Dir,ac`.v:: of :-..a,_..:=riisrration.
13. Conditions and Limitations
LAW OFFICES OF SU17CH. COLLINS & BROWN
P. O. BOX 3686 , 744 BEACHLAND BOULEVARD - VERO BEACH, FLORIDA. 32960
PHONE 567.3463
P. O. BOX 266 . 221 NORTH U S NO. I •.6C13AST1AN, FLORIDA 32986
f'
J`
PHONE_ 589.3S56
s�
This Contract is conditioned upon the compliance of (a),
(b) and (c) below• in the event any of the conditions are not
satisfied prior to letting of the construction contract and the
beginning of construction, this Contract shall be null and void
and of no further effect •
a) COUNTY'S receipt.from the appropriate governmental
officials of a subordination agreement subordinating the
United States of America's priority ,interest in the income
from UDU retail activity in both sower and water to that of
INDIAN RIVER COUNTY. Said subordination must be in a form
satisfactory to COUNTY and its attorney.
• b) The receipt by COUNTY of a subordination agreement
•
:I from Indian River Utilities or similar third party operator
recognizing COUNTY'S claim to the first monies received up to
extent.of UDU'S monthly obligation to COUNTY prior to the third
party operator receiving any payment under the terms of their
contract with UDU. Said contract between UDU and third party
operator shall specifically provide for such.an understanding
.�
evidencing COUNTY'S priority claim.
q•
C) COUNTY'S approval by and through its engineer and
•
1
Utilities Department of all proposed water lines, pumps, valves,
etc., pertaining to this Agreement prior to installation. Future
extensions to the present distribution system will be in
accordance with approved plans and meet the standards required=
? by COUNTY. COUNTY agrees that COUNTY requirements shall not exceed
the requirements of State Governmental Regulations or the
.; American Society For Testing Materials (ASTM) and COUNTY further
agreesthat as long as all materials meet the mi Arun standards
t
`R
' -of the American Society For Testing Materials (ASTM) the
i
appropriate State Agency approval shall be the criteria for the
COUNTY'S approval as to this condition.
1
14. Management
In the event of default by UDU under the terms of this
Agreement, in lieu of terminating the Contract, the COUNTY may
at its or��' � . . a ma Lhe m'an 3s:..,=nt and operational functions of
' LAW OFFICES OF�BURCH. COLLINS & BROWN
I -
•
P. O. BOX 3666 744 BEACHLAND BOULEVARD • VERO BEACH. FLORIDA 32960
11
1 PHONE 567.3463
{
P. O BOX 20;6 221 NORTH U. S NO. I.- SEBASTIAN.• FLORIDA 32956
f
PHONE 589.3156
I}
i Y iA. 9i7 1�ak 414
a
M
I
UDU in regard to the water system installed pursuant, to this
Contract. In the event COUNTY exercises this right the Contract
between UDU and the third party operator shall be terminated
without liability to COUNTY. UDU specifically agrees'to place.
this clause in its contract with the third party operator and
further agrees that prior to the execution of the contract
between UDU and third party operator said contract must be
approved by COUNTY as to substance and forme
15. Successor to UDU
In the event of any assignment or any occurrence
rendering UDU incapable of performing under this Agreement,
any successor of UDU, whether the result of legal process,
assignment, or otherwise, shall succeed to the rights and
obligations of UDU hereunder, subject to the franchise
provisions of UDU and subject to COUNTY approval, which approval
may be withheld.
16. Fees and Costs
In the event of any controversey, UDU agrees to pay all
costs incurred thereby, including all attorneys' fees and costs
of appeals.
iN WITNESS WHEREOF, the duly authorized officials of
the COUNTY OF INDIAN RIVER and URBAN DEVELOPMENT UT-ILITIES, INC.,
have executed this Agreement this day of
1975.
INDIAN RIVER COUNTY, FLORIDA
..
Title���� .
Attest:
Clerk loe
URB DEVEIIOPD1E UTILITIES, INC.
By
Title
�.ttest o ;
-9-
LAW OFFICES OF BURCH. COLLINS 6 BROWN
P. O. BOX 3686 744 BEACHLAND BOULEVARD • VERO BEACH. FLORIDA 32960
PHONE 507.3463
P. O. BOX 2i•• 221 NORTH U. 9 .C. 1 - SEBAtTIAN. FLORIDA 32950 I
PHONE 589.3t%S '
AMAY 19,1976,.
• 4 is
1
The Farmers Home Administration concurs with this
t .
Agreement this IA day of rE,_KnZ f 197 e
By
i
.
Sts�o Director
.
Title
r
•
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i
e
`
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LAW OFFICES OF BURCH. COLLINS 6 BROWN
l
-
P: O BOX 3666 • 744 BEACHLAND BOULEVARD - VERO BEACH, FLORIDA 32960
I
PHONE 567.3463
P. O. BOX 218,3 • 221 PIORTH U. 9 `;!.) I • LEDASTIAN, FLORIDA 32950
' PHONE 569.3156
i
77
MY
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t
_ .��.e^« o•_ ' % a= -- a e•: .•. - •. .. •.p •• ., •� ' °•:. •. +S_• � 5 _
AGREEMENT
- TMSA"GitEE1ZENT, entered into between the City of Vero,Deach Florida. - -
Sate Florida. hereinafter referred to as cite
corporation of the Se o _ r
• municipal • c .
he Said=te of Flor- - _ -
i ° P city°e and Indian River County. e a political -subdivision of t - - e _ . • a .
sereina.fter referred to as the "County", .t - :- • • _ . o' -
WITNESSETH • • •�•
REQ ._chs City now owns operates, supez rises and manages a water
�E •. _ _ -
� •
• ° attd storage _a
• ° - of �vellsp water treatment plant.. pumping - '
system consisting . • • _ - - . - _
. . ineters and appurtenanc; s; aneF • _ o . ` _- a - ,_ . -
distributiori inalns. serwice.snains, • .. e
.rates. sup�visis and manges a
•o r
t -
N#HEREASa the City now owns, p • _ _ - •j
•• sewprs setiwagre pumpinir stations • x
�• - she consisting of sanitary •- -
sans ar,�gsewa7e•sy m. _ � • - . -- •:_ .-�r
sewage force maitts. sewage treatment plant. outfall line and appurtert:Lttceso.arcd'
Asp s the intent and purpose of the City to ..dared. eni:srge and _ s
� 'RE
• , •d sans sewer system under its 1972 capital improi,
improve its water system. art tam _ - - - - _ -
. .2
went program particularly to increase the treating capacity or its water supipYy and
as well as the: capacity and de;ree of treatment of its seurage
treatmentfacilities
treatrnint plant@ all as described in City Ordinance No. X174 adopted by the City
Council on Au;ust Sq .1972; hereinafter referred to as "Bond Ordinance"; and- - a . -j._ '•
WREREA,% by acceptance of $6.600, 000, Water and Sewer System Revenue
i
Bonds. Series 1972, the City has entered into a contract -with the bondholders as _`. ---7-
more fully described in Official Statement dated October 2. 1972. in addition to. e
° contracts contained in earlier Ordinances governing prev=ious bond issues; and. a -- e
• • "P • i'' ° tt is .3a� is a:^r`
Voss of the cJ' ..1 to cf}7SM't'sC�, °3"Tiit •_
er
���• e;: ee:l�a'_R, a a2, -id ",,=Sne a r.e�v Coietty ? 7- te-aS+6tZOn .iaY]
Cp S=erAst:.2r-C
sewage collection system,hereinafter-called the "County's a,steng, which system
is to distribute treated tivater0and collect sewage from certain designated
- •.Q
unincorporated areas of Indian River County, including private utilities In the • : e o -
County, and for the time period stipulated herein, to receive treated water frona � e
the City and deliver raw sewage to the City's treatment plant' and
Y 19, 19'6`,
L.
71,
reirnbursemems Knill not e in cc: -,1.c_1 ii'ioll tai ? �C Ordinance. o: ;Its iutG:�
°.-araicbidments t�°Iiicli may be 2:id ca.n be made to said Bond Ordinance. .•�' _
2; GRNMRAL CONCEPT ° e a ° • °
1t' is anticipated that water sup ty .an
d sewage trelEnie:it for z major portion of
• •.
° .the southern portion of India. Fti`: ca County kno.,m as Region If gcneratly-lying
a.e ° 9 •
,w
Y I 9 1976
6
9. r treatment plant a. -id se�va.W eaLmenc plaa�
the City '
1VFirE- s
• �. il:Lt of those wham it seg ves, it is equitable ilia t til@
• j•bi: foie the beneUt
service by the City; so that the. City's contract
fair share of such
uaty pay it's - .
the Bond Ordinance shall not be jeopardized ..' '• :: t
oh the: bondholders as set forth in -
`. the detriznert of the City; and ° ° . `' : - - • .... _. • - . - -
's ro0'ress toward construction.of-the County $ystanx. • _-
�
- .-. WIMREAS, the County p a - - _
:-x a •. .., • _ • .
• • lanning and desigs stage° so that it -
isnot' beyond the pr •u'Y p -
pro essed
°=
aci requirements, provide realistic • -
thus time, state its iira;i can ty - -
!
mnot at
° • e
ato poaitive feasibility of Elie systerza, and
®r ciemonstr
ynstruction schedules,1. • • e- -�. `.-
° >`F1 AS, service area delineations and responsibilities, must be
y p[ eed Ripon �oint3y by the City and County on or before January 1
f - -•
-agr
yy� y' —• __ •
3 t :natively
• ^ • O• • _ e -
iy
+l
satisfy the State of Florida Department of Pollution Coiitrdl and the United States
°-• _ _ • -11 f -.kmerica Evironrnen tal Protection, Agency's requirements, brorder to reserve
d•and to maintain the City's eligibility to receive Federal Grants
to
arrnits proceed
• I e e . '. P- e _ s • �: - _ '°- •• ,µ a e+__ - . �
its exp anion program; and P :f e.• e � .• • - . ° �°- - =" _
G
_ � „ •�
overing
'°o °
final agree ments•between the City and County need not be
°e
I
•.•ft
EAS _ e
ER ' ' ' e
e 5 1973 to satjsfy requirements of
a- the same State and Federal e
0 i • _
Oe
y� til•® t• s •ems
p
�y c.on..z°el. -
Liled un . _
o r e
=.
.
�.,.. .;:.° _ e�. _.•e, g•• e: •:� - ... ...�_ • -.._ a
°- _
s_ "
°� °e °•
�eElcles°, '� •-io e- •°' • r - _ _ _
-•
- -
Yyxf �+� In consideration of the mutual. -agreements set forth
a
Z.rORE s
N
.era•-'�
•ereinafter, thee...srties do agreeeas followse •'° °'°..,• o ,_- _ _.e� -°o.
• e-
-• ;PURPOSE • e - e • - e -a . O
e°
°_e
purpose of defining service area. delineations
o =rThis int shall be for the _ • _ -
44
.a®red e
e�- • . •�. _ .
- "covenants and responsibilities and shad prer.•ail �intil final _ •�-�
:` - and general + o
to this ngreemente in specific detail, shall be entered • `'
:•`e°agreerzient or annexes
,+
..
of the County System shall have progressed' _
date tivlian the plata ring
•
PO•LS�`•:Iitox and fiscal stage and when the City's Cozscilti:i� - r
.cea: the a;JaiLle n, b
grid e
. ed and certified that proposed charges. rates and ` _�-
Bng neers shall have review
reirnbursemems Knill not e in cc: -,1.c_1 ii'ioll tai ? �C Ordinance. o: ;Its iutG:�
°.-araicbidments t�°Iiicli may be 2:id ca.n be made to said Bond Ordinance. .•�' _
2; GRNMRAL CONCEPT ° e a ° • °
1t' is anticipated that water sup ty .an
d sewage trelEnie:it for z major portion of
• •.
° .the southern portion of India. Fti`: ca County kno.,m as Region If gcneratly-lying
a.e ° 9 •
,w
Y I 9 1976
6
' 1
1
•3accii ;of ti'ortli %Yinter B ttoau, avu� 6.. ••. ,.....�.... _,
. e:Atlantic Ocean and East of 1-95 including the Citl••of Vero Deach, will be pr.,vi4ed� .
".a grater supply plant and wastewater treatment and dispotkal. facility owned ate•
_
_c9erated by the City of 'hero Beach,. The City would sell coater and sewage_ � � - • _ -
t
e •
`. services• to the County at agreed-upon charges and rates as stipulated herein.
r _ •
. •:° The County would in turn retail theses !Y residpJAZ. In the early
d e years. County will endeeavour to concentrate effort toward service in the e
. ° Region IIB Pbase I area. ` °` ° e • ° o' • - o a . ` - ..
•r
.. OVERALL SYSTMI RESPONSIBILITIES • e . : - "
-•.
.
° • V
.",The County will assume the responsibility for gravity sewer -age collection systems.
i • punzp stations, transmission lines,- and accessories for service areas within -' -
- -=
- •- • .
`,.. °,the County, as necessary to transport County sewage to the City treatment plant-
:-:•3 `. - -. -_.-.'.'�
��
_
- e
The County ►,rill also assu=e the responsibility for dile coater distribution-systeaii a-�=•
-.within the County and receive treated water from the City treatment plant, _' •• e
The City shall provide a sewage ..4aste;vater treatment and disposal facility and M`
water supply and treafment plant adequate to meet both City and County needs.
but shall not be obligated to make capital improvements for cap acity increases. :-%.
= .•
_P
=� ence t as hereinafter stated under "Term of Agreement". °
The Couni an* d City will cooperate in prof ectir. service area populations
developing water and sewerage phase construction programs. e r . . 4 _ ,A
• e •
- o �� -�
4a: SERVICE ARt A DEMNEAATMINT ° ° • , a ° °
- •
•4;;°`. In addition, to the area within tl;s CiLimits of hero Beach. the qty shall grovia�
• B •: complete water and sewer service to the• beach area of the County, bound d by the a
e °: •
l
ro Northern boundary of Indian river Shores as presently constiiuteclD and by the " _ • r
County line on the.south° It is the intent of the County to provide all vrater and
sewer services to the mainland portion of the Couiaty, except within areas where --e
•° the City now (Tanuary 1973) provides grater and server service. o
•, °- The r3r-i16 of"he City to en, ai°L® iit$?°} ar -conne::ts for nater -and/or severe
e serAce,° or both, within areas outside that defined hereinabove for the City. `
• shall be subject to anproval from the County and tri partite agreerlents between E
t;,e customer. the City and the County ihali be entered into. in each such instance.
• ° •o ° °.
° m�� • o o was a .. :- � �
•
;
i2
M
etv�iaYJws►s �6 'he `,aa?� er �a:°ie:l: i ii. �' :� Co'.b: °�" Se— bL 3S e.—T. -2 sa •
y install a mos t?r -Meta, em as t7,-
Periodic
rPeriodic meter calibration checks by the•Clty and the Cotmt� shall be authorized.
The City will provide all necessary assistance to the Comity in obtaining all
,easements, ••rights -of -ways etc° as required for the County to install trarsn isslo:i -
lines and accessories w-ith_n the City H -Amts at no expense to the City. Cnvnership _
p grid rrainte:iance responsib;lities of the County -installed facilities within the Cityy
shall be decided wit; -Ain the legal frannework of the respective governments.
° •.o _ °. - _ate . ° "'
e • , e
I
4
' - 54i;EOF CITY'S �VATEitST�.[BU'1'tur x�.�iLi:i::� `'+,�► a .,�•��a�-... �:
n
- s
un
Tn the Mainland portion. of the Coty° where the City owns 'sy ater distribution
- 'facilities and supplies water services only. the City riay sell those facilities
s . , . • . •. -
m
and within one year after written
to the County, subject to the Bond Ordinance, Y .
request from the County° at a price which shall be negotiatQd, but not more tlxa=x _ ' -31
�the preent-clay replacement cost° as determined by the City's Consulting a -
' Er,g,�Eneers° less 3 1/3'Fo depreciation per year from the date'of installation. Since
• such a disposition of assets is governed by the Bond Ordinance° a certification
from its Consulting Engineers that the City's ability to meet its obligations will
not be impaired by such sale is a prerequisite to negotiations for the sale. -
•'' ''rT SEATER LtiT�FACES � .• ° - -,�- -°' - er -• :_ • ��• � •='�`�"i
WADER As D ° _a r . "
• .
• •age o0 • • - -
eel=,� •" �
p •• ° ° ° - - •• it --
° •• �• "' i
3,
J
Sewerage - .... ab° o _ b
•It.is anticipated that the. County will construct at its expense all waste transmission
°~33nesd
a master meter for delivering County sewage to*fhe influent structure
at the treatment plant site. The City will receive the 1vasLeat.the treatment: -_ •-� =^
. Periodic meter- calibration checks by the City and the Counts shall be -
plant° - --
-authorized. The City wail provide all necessary assistance to the County in
e • °• .` • . •
t ri hts-of-wa .etc. as required for the County to
obtaining all ease' en s, g y° -_
-
°install tratis=ission lines and accessories. Athin the City jimits at no expense '
-to the City&• 0-,nership and maintenance• responsibilities of the County -installed.
facilities wit;-� the City shall be decided within the IeSal•framewoex of the
- respective
UPPLY
B WATER SUPPLY-
I'm-
The City will deliver treated water at a specified pressure to the County on a
etv�iaYJws►s �6 'he `,aa?� er �a:°ie:l: i ii. �' :� Co'.b: °�" Se— bL 3S e.—T. -2 sa •
y install a mos t?r -Meta, em as t7,-
Periodic
rPeriodic meter calibration checks by the•Clty and the Cotmt� shall be authorized.
The City will provide all necessary assistance to the Comity in obtaining all
,easements, ••rights -of -ways etc° as required for the County to install trarsn isslo:i -
lines and accessories w-ith_n the City H -Amts at no expense to the City. Cnvnership _
p grid rrainte:iance responsib;lities of the County -installed facilities within the Cityy
shall be decided wit; -Ain the legal frannework of the respective governments.
° •.o _ °. - _ate . ° "'
e • , e
I
4
. YLy:-� \%.Li rZ ': T�i+•D �• 3
fZa.ltBY as nLitJ
i
zromulgated by the S', to of Florian
in order to comply with regulations p gated _ - _ •�
° - _ Control and. the United States Er�'vironmental Protec_tioa
Department of Pollution o
_'`•e•�cistino se;vaQe treatment plants.
within •., =j_ _ ;
• •�igency, .it is essen� �, . � - _ _:. _ •
•priatel 'icipally owned, whether under franchised•
..,region IY, whether 9 or municipally -
• be }rased out at the earliest possible date and services. - - -
° • peration or not, p • - o -
e_ System or directly "e
' ; -e-
p�ovided•by such plants toe=connected either to the County y - • _ • _ °
It
to the City Systeino
• ossible efaort to accomplish
Roth parties hereto pledge -to exert every p _ • a • ' R `" _
" _ • of the existing plants are vrithin the City's_
centralized operation.' Since'none
•• -
. tion, it would appear that the County, either directly or
legal limits -or jurisdic - _
created authorities, would be the only agency legally em- -
`'. thro Bh specially g a . - _ •_, = s .s- •: -
r �� f _ • c uxsxtx �� Of pX'Il�at£' plantso a .e c e ' S a • s .
'owered to undertake the control �p � q ..
r''• - _ ' • i' • - _
TERM OF AGREEMENT
•`a
• agreement shall remain in force and elf act for a period of tell years frau
This agreeme
or until tir.ie as the review hereinafter specified shall cause _p
date
hereof,.
=both parties to modify, alter ®r terminate. Either party may request the review' . -
.;'hireinafter described. - ° .. _ ° o • e `. _ • Q -
° Y, Y9?8, .the parties hereto abree to cause an engineerin., ,• - .-
or before January ° o -
report,to b� prepared by their respective Consulting Engineers, reviewing all
-- . • ± . °
•
eration to date ®f the reports= including but not limited to:- ' °
phases of the•op _ . • s d
° n r g --� a plants and probable needs for capital -? - _ "` =•-g
Capp -cities .9-f
Sew�a
b • —
+ capaci modify or increase degree of treatmdnt; -
ixnprove:nents to increase capacity, - . ` •. :
.A
or -to
complyvAth°latest requirements of regulatoz- genies. Federal or. • "
a °or e e _ ° • - _�` .
State, havingjurisdiction•' . - ` _ • _
Re Recommended capital contribution by the Cora^ y toward capital expansibns. -
should need be indicated as above and recommended by the Consulti a
° . • ° °a, a .a •e, ° � • e ° a _° .• - •.• _ •.
'ewe• ..
• �c.a,. ��- `, Rte_ _ Q .. • ° ° - r • ' - - ,_ _ ~ � i
b ~' . i -e apro�ram far future service, based on one or more of the
Develop o -
° $SY - e•so o °
fail(raing concepts: ° • w _' .:•° . 0•.- ` ••' � - -�-_•• -'� f
-
- •e - _ 1 `'' Continue joint operation. under a revised • - _ . _ -
.g.:a . . agreement. `. • .
_County proceed with water supply or treatment
*� ` . a e treatment fa sties as a County
I.,w;.. :r an ; ewage - - -
'e•°-° e p °• . -ailable 6a the. -
t enterprise, n c _achy then a► _
"° : • ° s ;City obviati or reduci.. the meed for
capital-
exp a 'on on the City's behalf.-
o.00w ° .. rES JAND CHARGES • v • e • ° •o• .e ` .e _- °_ _ tit
Sales
'Bulk `Fater • ° ` o _ ' . - =. - -=
Cityfiscal year, the total cost of praduciitg treated '
At the end, of each - _
air`.!l • e a water during the precedir.� year °;will be determirtid from the Ci g=s
p; .• a c e -
••~'•ve�~••�to 40211d1tr report. °• - ° - ° ` ° .o - m • e �ar -f_--- —
;6A • o . ° scat $�
6.'p .$ '- .+ d consist of the earn of the following items • -_ _ _.
The total yearly cost will -
�` ``'~ • • _ ° The debt se rvice'tarincipal and interest payments) an a
principal sum as calculated below on the City's invest—e A _
'•;?�'•;- 'ore o • •[,A �•.. �p�• •� " e `• . .° _ _ .e
xraent in water production grad treatment facilities.
`. 20, . ®peration and xnain,enance costs for water production
•�_ '-_ a° a . a: and treatment.-
, 3 �A1], ®that costs and/or investments rea�so�ly, attrivutable f -
e • ° production of treated, water.
*'•�:' .. m ` to the expense
of the pr
0••4
the total yearly cost will then be divided by the total volume of treated' s4
e" g the period of the audit report, to establish a unit cost. e
water produced during -
g4? The unit cost multipliedby 110�� will eai.l7iis►•s theb oacill,• crae%Q�ar
,D ;:..? ate•` ,a e,• e:e.'.�7C :i?:.C`yi: ea _:.: nex-
e water L4,+_rco,;L3ed — lifer 'Ov-",a w:a3o_:ir 6. e _
1 yearns cost has been established, -the total charge for welter purchased during the
•a a o..
year will -be adjusted to the actual cos, plus 10"'o for th�eprecediao year..andthe
County will be credited or debited accordingly.
•o
For the purp®se of est. blis9iing a principal sum for annual de1bL.' ser :ice cor:z
:p
utations, the value of the City° s r• ater supply and treatment facilities will -
- l
- - - — N
u Pyr '
L.4
MAY ����
{
__• e:uuas�e v.�"= au= of the sul" .• AU InciucrVau CaplLas iaivc:.aLaw -
from �d including well fields to the' of discha-ge of treafed.tvaier '-
,•items
�point
� tee. ., - - • _
t. w .
`
i
- °
at th.e•clear well. • e.
e.e. e
-
ob
e
•� �. • .sxa
• a ° 1962 replacement value as reported by-
�'• • •e :.: -•`S ° - Citys Consulting Enghieers of all facilities
�`!��' e.. �a
•°S o•s •• •S °e.• �° • .a-�
0..
-
>• .•e a .-e
e e '�' e �
e •4••s e b • ° on January 1, 1963.
°
4�:' . ° ` • - b.' Capital investments in supply and treatment wmfks .;.
, s.
..� : , ••-:q ° e ° between January 1, 1963 through 19720
• �: e ` e.'°?• c. Capital invested under the* Capital I
bovi-
anent Program of 1972°
eN- 8se .- ;' _L <`
° • oho. . e °
°•
° Debt service will be computed as follows: The sum of a., b.; and c.�
-a
*above shall be the principal sum from which the debt service will be lc
as -a• constant awnual paymentp 30 year basis at the weighted averaga interest rat`
• of the Citys three outstanding water and sewer bond. issues*.
•-i: °° . • ¢ _ .••-• a •: a e
�{
`For the purpose of establishing the annual operation and inaintenance
•: ° costs, such costs shall be extracted from the Citys annual audit and will consist:
®f the sum of the following items: ` The items refer- to the City-, account nuraaers
_
° as contained in its audit report: - ° - =• e :{ = ..
x/500 through W522.11
• •:: °'� .� ,• � ..• ._ a -. - .
of: One
®ne half of S'i523e 2 and W524.1-
,
� ; 8 ° .,• .g= °°
s • 1 ° b ti 524° 11 through W534° 11
..
O 6 • • •' e '
W540 through W552.23
One tenth of W920 throut-h IV930.14 e
B. BULK PIRICE FOR SEWAGE TREATMENT�,.I+*D DIS, SAL
°
The ba.szs for asta'blis i:.a a -unit cone °oe r`reiving g.eat:ng a d dl --o `.
.'s8 t..►► a.Tei J :i
° .. of the Countys raw sewage will be identical to that for eskiblishing a unit cost for
°7
- i
bulk v -.-ate.- sc.bes, e sept for est:. .'Lis1y luig 'tile prim'.? 1 °E ^4 `'tY�-+i F+rr Y :;
a L�';•• c.b.. ..e of t.i�� fl�aLaa'T.�a�'.:'j
foe sewage treatment and disrosel•a:n3 the o1jeration and malatenance costs, in- °
clu:i gr 1 IM multipliers .` ° e `:
i
° ° ° �• °
{
_ x
;coni,pu zlion;:. the value os uiC'° ' >. • . Y _
•
t .., inves:me:it y - -
e -sum wing items, a.. d will includ..D net caoiCal
t the fe
consist o. he of _ -
• o the treatment influent structure to the point of dischax•ge _ - -
'. •items
from and including
treated at the outfall. : _°o " o. - • ' '::
ttt
of sewage _ _
'The capital investment of the 1958 Capital
:„• . ° a� 'Improvemene Programless the PI,660 grant
• o•-
-
funds received therefor, AND o i
•°,
-
• e
2 Capital invested under the 1972 Capital -e• -
d
Vit• ° •. e - ~° --Improvement Program, less tied PLs660 grant'-
'` e ° funds received thereafter. AND
.a
3° All other costs and/or investments -reasonably at -_
� < to the expense of the treatment of sehrage. ” _e • 'm ` ° -_ -` ' =
_
a•;� ° � � °
-
..
the of establishing the annual operation and niainteiiance casts. such
For purpose -
d will consist of the sum of
costs Sha? be extracted from' the CiL�'s annual audit an _ 7. _ . • _ .
•
qy .. .' .' .
s-
�-the following items. -The Items refer to the City account number as contained in its_
..
. audit rep ort.`-
_j•_-- ' _a :-° �' _. _
� v �'�. . °.'° e • One teeth of WS920 through JVS930.14
•
��: e.• VIS530 through WS538° 2 ° .. -
C �;e °`-CE PAi'NfEi`TTS ° • -
_,
° °
.• a _
the City' an amount equal to the ino tthly • .
The Co�7 will deposit with _ _
-first
o
for bulk water and te`vage treatment sales°-
payment
"�'- I� ° aAt�iti�� OR A.t`YIV�":�ES TO TM_ AGREEMENT
_
• The he ret. agree that this Agreement shall have force and effec� -
•o. parties - - _
e;ily when and if mutual agreement of the following maters shall be included -:
- I n or more Annexes, appended hereto;
.-Z)a Sche
_
Plant ca ;?clti�'s t0 bz'°essrtied %Oo tie Ca°d^.L,}re �' • -
p
°�y
.. a a
°
g Bates of flow oh. witlidruial or delivery.
° ' ° ° •
o
s ' . •8o PeP.k flow provisions. _. ° - = -i- _ _ �•t'
°
• `° ° ° Standards of sewage acceptability. ° • < ` ° ' - •-
°
a -o
_• • ' =j°° ° o County ordinances and regulations governing Use.V.
om • ° ° and extensions of Ciand Count-,� facilities.
71
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•o W.-c-Beacl; Florida, arA the County of Indtzn Rkver, have executed this Ag re_rnerrt _
d.,, -y ���JJJJ� . • 4 I973: d . a a ._ -w e
e _ _s.•+�• e• e • •a •t • - •Y °e. c ° �R a •• '. e
°Pe • . •• a —•. _ ` ° ° • e ` D'� a CITY OF VENO BEACIu FLORID .
.' 1 ere ° •. °. e � � -
'ATTEST: `• • - - a e ° e mayor
e• � j:IVe/i•o� ��i•�. �� °+ • e ° '•o °o e � •o ••e -� ee O a_ a -• epi• •»o° ° '.
°City C., ex - ° • ° ; " -e • .. a -i- • o - -_
(SEP
E - S e e`er• ` o _ e • e° o e ° ° e 4. a e•L+• .• 'e • . • : • - e . y -
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~•APPROVED AS TO FORado e e ° • e . e e e•�a • : , _ •e + _$ .r• _ -` - - _ E e
City of Vero Beach • ` ° ° , : •- -�
- - e , • �.: • :. d • , ° ; :::' . 0 7I�'DIAi�T RIOTER CO
' '- • e. •a • X01 , .. • • • 1 �.�.'"
• •,•ede � e.e ee !aoe oe ei.� � • ��+ ��•.� k
=T.. a e . ° . _• p o • • . e • . Chairman
mi ✓:
er • _ e ... ° •"• - e e s Coty Commissioners
� ". IP•e ° e .. a •e ° e _•e •* . J s0 YS 6M!eq ° - � °• • • _ _ =i• •_•
sATTEST: • - _ o a. .e .•s� �o e ° e •� �C .
eo
�• e �•. �yi o •°° a •p° ° e �•e O ���e •i e •0•• ' • •e -e •_moi.
.. - • . Co `y Clerk
e D . ,_'`�•... _ i -_ _ • s. e
lk
APPRED OVAS TO •FOMM: '• e + ° u•:�. ° .;• •• ._ .• .• ` • _ --
• • • • • ei •• ° ..eqe °° ° e°ef of - • ° + • . b e
oun t orrey e • e �. • ee . • + °• ° . + • + _
Indian River County • � !-' . _
e . .
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—_. �.'.._. _.
_.v>•-:_� ..,i._��'�..-,.._ :.__ _...o.`�. i _ ..,s!C: -'. � _ .. _.�,_ ... I...aa s.w.r.u' _� �f_ ...rY..�i..- _-__,....–f�'.,;.r_. _...��.
THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN
,.
AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT WERE APPROVED AND WARRANTS
ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND NOS. 51731 -
51864 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 t
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 2:20 O'CLOCK P.M.
ATTEST:
I
CLERK CHAIRMAN.
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