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HomeMy WebLinkAbout2/9/1977WEDNESDAY, FEBRUARY 9, 1977 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, FEBRUARY 9, 1977, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, .JR., CHAIRMAN; WILLARD W. SIEBERT,. .JR.; EDWIN S. SCHMUCKER; AND R. DON DEESON.. ABSENT WAS ALMA LEE Loy, VICE CHAIRMAN. ALSO PRESENT WERE .TACK G. JENNINGS, COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; WILLIAM P. JACKSON, FINANCE OFFICER; AND VIRGINIA HARGREAVES, DEPUTY CLERK, THE CHAIRMAN CALLED THE MEETING TO ORDER, COMMISSIONER SIEBERT LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND CHAIRMAN WODTKE GAVE THE INVOCATION, THE CHAIRMAN ASKED THAT THE MINUTES REFLECT THAT COMMISSIONER Loy IS ABSENT ON OFFICIAL BUSINESS FOR THE COUNTY IN WASHINGTON, D.C, THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF JANUARY 19, 1977, CHAIRMAN WODTKE NOTED THAT THE TOTAL NUMBERS SHOWN ON THE DEPUTY SHERIFF`S BLANKET SURETY BOND, PAGES 9 THROUGH 11, DID NOT CORRESPOND WITH THE NUMBER OF PERSONNEL TO BE COVERED BY THE BOND. THIS LIST WILL BE RE- PLACED WITH A CORRECTED LIST. CHAIRMAN WODTKE REQUESTED THAT THE FOLLOWING BE ADDED TO THE 5TH PARAGRAPH ON PAGE 24: "IT WAS NOTED THAT THE $18,000 TO BE PAID THE ENGINEERS IS FOR ENGINEERING DETAIL WORK AND PREPARATION OF DEEDS AND RIGHTS-OF-WAY AS WELL AS PREPARATION OF THE APPLICATION." CHAIRMAN WODTKE REQUESTED THAT ON PAGE 40, THE 3RD PARAGRAPH BE CORRECTED TO READ: "....OR, IN OTHER WORDS, IF RALMAR PUT IN THE 12" LINE, THE MINIMUM THEY WOULD BE REIMBURSED IS 'THE COST DIFFERENCE BETWEEN THE 6" AND THE 12" LINE'." THESE CORRECTTONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER4DEESON, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF .JANUARY 19, 19771 AS WRITTEN, I ON.MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED APPLICATIONS FOR PERMIT TO CARRY A CONCEALED FIREARM OF THE FOLLOWING: WILLIAM F, MILLER REEDY STRICKLAND EARL D. WITHERBY PAT (PASQUALE) BOTTINO ON MOTION BY COMMISSIONER SIEBERT, SECONDED.BY COMMISSIONER SCHMUC!=R, THE BOARD UNANIMOUSLY APPROVED APPLICATIONS FOR RENEWAL PERMIT TO CARRY A CONCEALED FIREARM*OF THE FOLLOWING: MERRITT H. TAYLOR, JR. ARTHUR C. MYERS .JAMES R, LUCAS .JAY P. CLAWSON ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR .JUDITH WAKEFIELD, COUNTY EXTENSION DIRECTOR, TO ATTEND 4-H DAY AT THE CENTRAL FLORIDA FAIR IN ORLANDO, SATURDAY, FEBRUARY 26, 1977. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED RETROACTIVE OUT -OF -COUNTY TRAVEL FOR .JUDITH WAKEFIELD, COUNTY EXTENSION DIRECTOR, AND PETER SPYKE, AGRICUL- TURAL AGENT, TO ATTEND AN U.S.D.A. EMERGENCY BOARD MEETING AT THE ST. LUCIE COUNTY AG, CENTER IN FORT PIERCE FEBRUARY 3, 1977, - 3 COUNTY MEETING TO COMPILE DATA ON FREEZE DAMAGE TO CROPS AND NEED FOR EMERGENCY DISASTER FUNDS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR .JUDITH WAKEFIELD TO JUDGE EXHIBITS AT THE ST. LUCIE COUNTY FAIR, ST. LUCIE COUNTY AG, CENTER, FORT PIERCE, FEBRUARY 9, 1977. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED RETROACTIVE OUT -OF -COUNTY TRAVEL FOR PETER SPYKE, AGRICULTURAL AGENT, TO ATTEND CITRUS PRODUCTION CLASS AT INDIAN RIVER COMMUNITY COLLEGE, FORT PIERCE, FEBRUARY 1, 1977 (EVENING) AND OUT -OF -COUNTY TRAVEL FOR HIM TO ATTEND IN-SERVICE TRAINING IN HORTI- CULTURE (ON STATE FUNDS) AT GAINESVILLE, FEBRUARY 14 - 18, 1977, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER • SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLL, CIRCUIT COURT, FALL TERM, 1976, IN THE AMOUNT OF $299,86, •' 2 THE FOLLOWING WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK; REPORT OF COUNTY WELFARE DEPARTMENT, DECEMBER, 1976 REPORT OF TRAFFIC FINE RECEIPTS BY MUNICIPALITY, JANUARY, 1977, COUNTY COURT ORDINANCE N0. 1323 OF THE CITY OF VERO BEACH REDEFINING THE BOUNDARY LINES OF THE CITY TO ANNEX PROPERTY AS SET OUT ON ATTACHED COPY OF THE ORDINANCE. k FEB 91977 9j>f; I 4 ORDINANCE NO. AN ORDINANCE UNDER AUTHORITY OF SECTION 171.044 FLORIDA STATUTES ANNOTATED, BY ACTING FAVORABLY ON THE PETITION BY RYERSON & HAYNES REALTY,.INC., THE OWNER OF CERTAIN REAL PROPERTY SITUATE IN THE UNINCORPORATED AREA OF INDIAN RIVER COUNTY CONTIGUOUS TO THE CITY OF VERO BEACH FOR VOLUN- TARY ANNEXATION TO THE CITY OF VERO BEACH, AND AMENDING SECTION 7 OF THE CHARTER OF THE CITY OF VERO BEACH, UNDER AUTHORITY OF CHAPTER 166, FLORIDA STATUTES ANNOTATED, THE MUNICIPAL HOME RULE POWERS ACT, B`.' REDEFINING THE BOUNDARY LINES OF THE CITY OF VERO BEACH TO INCLUDE SAID PROPERTY. THE COUNCIL OF THE CITY OF VERO BEACH HEREBY ORDAINS: SECTION I Under authority of Section 171.044, Florida Statutes Annotated, and in response to petition of the owner thereof, Ryerson & Haynes Realty, Inc., for voluntary annexation, the following described parcel of land situate in the unincorporated portion of Indian River County, contiguous to the City of Vero Beach hereby annexes to the City of Vero Beach: All that certain piece or parcel of land situate in the County of Indian River, State of Florida, being bounded and des- cribed as follows: The North 355 feet of the NE 4 of the NW Section 12, T33S, R39E, less the South 5 feet of the West 887.5 feet thereof, and also the South 20 feet of the North 280.82 feet of the West 10 feet of the East ,50 feet thereof. Said land lying and being in Indian River County, Florida. SECTION II The boundary lines of the City of Vero Beach shall be redefined to include said property so annexed. 28 FEB 9197 7 M M M SECTION III That Section? of the Charter 'of the City of Vero Beach, now reading as follows: "Sec. 7. Corporate limits. The following shall be the territory, the inhabitants of which are hereby established and organized into a municipal corporation, and over which such•mpnicipal corporation shall exercise its ju:.sdiction and powers, to -wit: Beginning at the Northwest corner of the Southeast quarter of the Southwest one-quar- ter of Section 28, Township 32 South, Range 39 East, run South one mile to the Southwest corner of the Northeast quarter of the South- west quarter of section 33, Township 32 South, Range 39 East; thence run East onehalf mile to the Northwest corner of the Southeast guar ter of the Southeast quarter of the said Sec- tion 33; thence run South one-quarter mile, more or less, to the North right-of-way line of Walker Avenue which is a County road along the South line of Section 33; thence run East along the North right-of-way line of [Walker Avenue ~_: the East line of the County Road right-of-way along the East side of the said Section 33; thence run South along the East line of the said County Road right-of-way to the Main Canal of the Indian River Farms Drainage District; thence continue South along the East line of Fortythird Avenue to a point 35 feet North of the South line of the North- west quarter of the Northwest quarter of See - tion 10, Township 33 South, Range'39 East," -the said point being on the North line of Four- teenth Street; thence East along the North line of Fourteenth Street•to the East line of Section 11, Township 33 South, Range 39 East; thence South 666 feet to the South line of the Vero Beach Cemetery; thence East along the South line of the Cemetery to the East line of the Southwest quarter of the Northwest quarter of Section 12, Township 33 South, Range 39 East; thence North along the said East line of the Southwest quarter of the Northwest quarter and the Northwest quarter of the Northwest quarter of Section 12 to the East right-of-way line of the Florida East Coast Railway; thence continue North along the East line of the Northwest quar- ter of the Northwest quarter of Section 12, Township 33 South, Range 39 East, to the South line of Section 1, Township 33 South, Range 39 East; thence East on the said South line of Section 1 to the East line of Federal Highway No. 1; thence North along the said East High- way line to the South line of Eighteenth Street (Knight Road); thence East along the South line of Eighteenth Street to the East line of the West 10 acres of Government Lot 4, of Section 6, Township 33 South, Range 40 East; thence •2- 9641k no -1 FEB 9197 57 M South along the East line of the said West 10 acres of Government Lot 4, Section 6, and con - tine South to the South line of the North 5 acres of the East 10 acres of the West Townshi acres of Government Lot 2, Section 7, p 33 South, Range 40 East; thence East along the South line of said North 5 acres of the East 10 acres of the West 20 acres of Government Lot 2; to the East line of the West 20 acres of Government Lot 2, Section 7, Township 33 thence South along the South' Range 40 East, 20 acres of Government East line of the West . ,Lot 2, to the South line of Government Lot 2, Section 7; thence East along the South line of Lots 2 and 1 of Section 7 to the Center of the Navigation Channel of the Indian River; thence run Southerly along the centerline of the said Channel to a point due West of the South line of Government Lots 1 and 2 of Section 8, Township 33 South, Range 40 East; thence run East along the South line of the said Lots 1 and 2 to the East boundary of the State of Florida; thence Northerly along the East boundary of the State of Florida to a point where the North line of Government Lot 1, Section 29, Township 32 South, Range 40 East, extended intersects the East boundary of the State of Florida; thence West along the extension Of said Government Lot 1 and along the North line of Government Lot 1, Sections 29 and 30, Township 32 South, Range 40 East to the East share of the Indian River, thence meandering South and Eastward along said Eastern shore of the Indian River, to the Southeast corner of Tract 25, said tract being the South boundary of India River Shores as set forth in Chapter 57-1415, Special Acts of 1957, thence continuing West- wardly along said South boundary of Tract 25 as herein set forth, to the Southwest corner of Tract 25; thence Southeast to the North- east corner of Tract 18; thence South along the East boundary of Tract 18 as set forth in Cth/South415, centerlinel.Acts of of Section957, 30, to Nor the North/ Township 32 South, Range 40 East, thence run {lest to the center of Section 30; -thence West along the North/South centerline of Section 30, and the North/South centerline of Section 25, Township 32 South, Range 39 East, to the - Northwest corner of Government Lot 3, Section 25, Township 32 South, Range 39 East; thence South along the West line of Government lo 3 and 4 of Section 25 and the East one-quarter of Section 36, Township 32 South, Range 39 East to the South right-of-way line of the Main Canal of the Indian River Farms Drainage -District; thence West along the South right-of- way line of the Main Canal to a point due South of the East line of R.D. Carter's Subdivision in the Northeast quarter of the Southeast quarter of Section 35, Township 32, South, Range 39 East; thence run North along the said East line of R.D. Carter's Subdivision to the Northeast corner of the said R.A. Carter's - 3 - FEB 99 1977 358 Subdivision; thence West along the North line of R.D. Carter's Subdivision to a point 200 feet East of the East right-of-way line of Federal Highway No. 1; thence Northerly and parallel to the East right-of-way line of the Federal Highway to the North line of Section 35, Township 32 South, Range 39 East; thence West along the North line of Section 35 to the West right-of-way line of the Florida East Coast Railway; thence Northerly along the West right-of-way line of the Railway 2700 feet, more or less, to the South right-of-way line of the County Road (South Gifford Road); thence West along the South line of the said County Road to the centerline of the Northeast quarter of the South- west quarter of Section 27, Township 32 South, Range 39 East; thence South to a point 200 feet South of the Northeast corner of the Southwest quarter of the Southeast quarter of the Southwest quarter of Section 27, Township 32 South, Range 39 East; thence West to the East line of the West half of the East half of the Southwest quarter of the Southwest quarter of Section 27, Township 32 South, Range 39 East; thence North along the said East line of the West half of the East half of the Southwest quarter of the South- west quarter of Section 27 to the North line of the Southwest quarter of the Southwest quarter of Sec- tion 27; thence West along the North line of the Southwest quarter of the Southwest quarter of said Section 27, and the North line -of the Southeast quarter.of the Southeast quarter of Section 28, Township 32 South, Range 39 East, to the Southeast corner of the West 10.58 acres of the East 20.58 acres of said Northeast quarter of the Southeast quarter of Section 28; thence North along the East line of the said 10.58 acres of the East 20.58 acres of the Northeast quarter of the Southeast quarter of Section 28, to the South right-of-way line of the County Road (South Gifford Road); thence West along the South line of said County Road to the West line of the West 10.58 acres.of _. the east 20.58 acres of the Northeast quarter of the Southeast quarter of Section 28, Township 32 South, Range -39 East; thence South on said West line of the West 10.58 acres of the East 20.58 acres of the Northeast quarter of the Southeast -quarter of Section 28, to the North line of the. Southeast quarter of the Southeast quarter of Section 28, Township 32 South, Range 39 East; thence West to the point of beginning," is hereby amended to read as follows: "Sec. 7. Corporate limits. The following shall tie the territory, the inhabitants of which are hereby established and organized into a municipal corporation, and over which such municipal corporation shall exercise its jurisdiction and powers, to -wit: Beginning at the Northwest corner of the Southeast quarter of the Southwest one-quarter of Section 28, Township 32 South, Range 39 East, run South one mile to the Southwest corner of the Northeast quarter of the Southwest quarter of Section 33, Township 32 South, Range 39 East; thence run East onehalf mile to the Northwest corner of the Southeast quarter of the Southeast -4- EIC�� A;:359 FEB 91977 J • f quarter of the said Section 33; thence run South one-quarter mile, more or less, to the North right-of-way line of Walker Avenue which is a County road along the South line of Section 33; thence run East along the North right-of-way line of Walker Avenue to the East line of the County Road right-of-way along the East side of the said Section 33; thence run South along the East line of the said County Road right-of-way to the Main Canal of the Indian River Farms Drainage District; thence continue South along the East line of Fortythird Avenue to a point 35 feet North of the South line of the North- west quarter of the Northwest quarter of Section 10, Township 33 Sof•th, Range 39 East, the said point being on the worth line of Fourteenth Street; thence East along the North line of Four- teenth Street to the East line of Section 11, Township 33 South, Range 39 East; thence South 666 feet to the South line of the Vero Beach Cemetery; thence East along the South line of the Cemetery to the East line of the Southwest quarter of the Northwest quarter of Section 12, Township 33 South, Range 39 East; thence North along the said East line of the Southwest quarter of the Northwest quarter and the Northwest quar- ter of the Northwest quarter of Section 12 to the East right -o£ -way line of the Florida East Coast Railway; thence continue North along the East line of the Northwest quarter of the North- west quarter to a point which is.350 feet South of the North line of Section -l2; -thence East - and parallel to the North line of Section 12 a distance of 887.5 feet: thence South a distance of five feet; thence East on a line parallel to and 355 feet South of the North line of said Section 12 to the East line of Federal Highway No. 1; thence North along the said East Highway line to the South line of Eighteenth Street (Knight Road); thence East along the South line of Eighteenth Street to the East line of.the West 10 acres of Government Lot 4; of Section 6, Township 33 South, Range 40 East•, thence South•,along_ Jhe_East.line__of. the said West 10 acres of Government Lot 4, Section 6, and con- tinue ontinue South to the South line of the North 5 acres of the East 10 acres of the West 20 acres of Government Lot 2, Section 7, Township 33 South, Range 40 East; thence East along the South line of said North 5 acres of the East 10 acres of the West 20 acres of Government Lot 2; to the East line of the West 20 acres of Govern- ment Lot 2,, Section 7, Township 33 South, Range 40 East; thence South along the East line of the West 20 acres of Government Lot 2, to the South line of Government Lot 2, Section 7; thence East along the South line of Lots 2 and 1 of Section 7 to the center .of the Navigation Channel of the Indian River; thence run South- erly along the centerline of the said Channel to a point due West of the South line of Govern- ment Lots 1 and 2 of Section 8, Township 33 South, Range 40 East; thence run East along the South line of the said Lots 1 and 2 to the East boundary of the State of Florida; thence -5a 0 3 I M FEB 91977' I Northerly along the East boundary of the State of Florida to a point where the North line of Govern- ment Lot 1, Section 29, Township 32 South, Range 40 East, extended intersects the East boundary of the State of Florida; thence West along the exten- sion of said Government Lot 1 and along the North line of Government Lot 1, Sections 29 and 30, Township 32 Sogth, Range 40 East to the East shore of the Indian River, thence meandering South and Eastward along said Eastern shore of the Indian River, to the Southeast corner of Tract 25, said tract being the South boundary of Indian River Shores as set forth in Chapter 57-1415, Special Acts of 1957, thence continuing Westwardly along said South boundary of Tract 75 as herein set forth, to the Southwest corner of Tract 25; thence Southeast to the Northeast corner of Tract 18; thence South along the East boundary of Tract 18 as set forth in Chapter 57-1415, Special Acts of 1957, to the North/South centerline of Section 30, Town- ship 32 South, Range 40 East, thence run West to the center of Section 30; thence West along the North/ South centerline of Section 30, and the North/South centerline of Section 25, Township 32 South, Range 39 East, to the Northwest corner of Government Lot 3, Section 25, Township 32 South, Range 39 East; thence South along the West line of Government Lots 3 and 4 of Section 25 and the East one-quarter of Section 36, Township 32 South, Range 39 East to the South right-of-way line of the Main Canal of the Indian River Farms Drainage District; thence West along the South right-of-way'line of the Main Canal to a point due South of the Eas,7 line of R. D. Carter's Subdivision in the Northeast quarter of the Southeast quarter of Section 35, Township 32, South, Range 39 East; thence run North along the said East line of R. D. Carter's Subdivision to the Northeast corner of the said R. D. Carter's Subdivision; thence West along the North line of R. D. Carter's Subdivision to a point 200 feet East of the East right-of-way line of Federal Highway No. 1; thence Northerly and parallel to the East right-of-way line.of the Federal Highway to the North line of Section 35, Township 32 South, -Range 39 East; .thence West along the North. line of Section 35 to the West right-of-way line of the Florida East Coast Railway; thence Northerly along the West right-of-way line of the Railway 2700.feet, more or less, to the South right-of-way line of the County Road (Sotith Gifford Road); thence"West along the South line of the said County Road to the centerline of the Northeast quarter of the Southwest quarter of Section 27, Township 32 South, Range 39 East; thence South to a point 200 feet South of the Northeast corner of the Southwest quarter of the Southeast quarter of the Southwest quarter of Section 27, Township 32 South, Range 39 East; thence West to the East line of the West half of the East half of the Southwest quarter of the Southwest quarter of Section 27, Township 32 South, Range 39 East; thence North along the said East line of the West half of the East half of the Southwest quarter of the South- west quarter of Section 27 to the North line of the Southwest quarter of . - 6 - the Southwest quarter of Section 27; thence West along the North line of the Southwest quarter of the Southwest quarter of said Section 27, and the North line of the Southeast quarter of the South- east quarter of Section 289 Township 32 South, Range 39 East, to the Southeast corner of the West 10.58 acres of the East 20.58 acres of said Northeast quarter of the Southeast quarter of Section 28; thence North along the East line of the said 10.58 acres of the East 20.58 acres of the Northeast quarter of the Southeast quarter of Section 28, to the South right-of-way line of the County Road (South.Gifford Road); thence West along the South line of said County Road to the West line of the West 10.58 acres of the East 20.58 acres of the Northeast quarter of the Southeast quarter of Section 28, Township 32 South, Range 39 East; thence South on said West line of the West 10.58 acres of the East 20.58 acres of the Northeast quarter of the Southeast quarter of Section 28, to the North line of the Southeast quarter of the Southeast quarter of Section 28, Township 32 South, Range 39 East; thence West to the point of beginning." This ordinance shall become effective upon final passage. I HEREBY CERTIFY that the foregoing ordinance was finally passed by the City Council of the City of Vero Beach, Florida, on the day. of 197-,7. ATTEST: CITY OF BEACH, FLORIDA I HEREBY CERTIFY that I posted a true copy of the above and fore- going'ordinance on the bulletin board in the City Hall of the City of Vero Beach, Florida, after passage of said ordinance on first reading and at least five days before the passage of the said ordinance on second reading and I posted a true copy of said ordinance on bulletin board in the City Hall and Indian River -County Courthouse after final passage. • mac?'/��C"G�_� Cj4y Clerk -7- G INTERGOVERNMENTAL COORDINATOR THOMAS REPORTED THAT HE HAS MET WITH ADMINISTRATOR .JENNINGS TO DISCUSS THE EXPENDITURE OF FUNDS RECEIVED UNDER THE PUBLIC WORKS PROGRAM, TITLE II, IN THE AMOUNT OF $128,267, AND THE ADMINISTRATOR FEELS HE WILL BE ABLE TO USE SEVERAL CREWS IN HIS PARKS AND ROADS AND BRIDGES DEPARTMENT, MR, THOMAS INFORMED THE BOARD THAT THIS i MONEY HAS TO BE USED FOR THE EMPLOYMENT OF PEOPLE AND "MUST BE USED TO MAINTAIN BASIC SERVICES CUSTOMARILY -PROVIDED, It HE FURTHER NOTED THAT THIS i AMOUNT WOULD BE ROUGHLY ENOUGH TO EMPLOY 12 PEOPLE TWO YEr',:S AND ALSO THAT THERE IS A SIX-MONTH DEADLINE DATING FROM LAST NOVEMBER 21ST, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ROADS AND BRIDGES DEPART- MENT TO USE THE PUBLIC WORKS PROGRAM, TITLE II, FUNDS IN THE AMOUNT OF $128,267 FOR MAINTENANCE OF ROADS, BRIDGES AND PARKS, AND TO HIRE THE NECESSARY LABOR FOR THESE PURPOSES, THE CHAIRMAN ANNOUNCED THAT ITEM 4 IN REGARD TO FINAL APPROVAL OF FOREST PARK SUBDIVISION (VISTA ROYALE) HAS BEEN WITHDRAWN FROM TODAY'S AGENDA, DMINISTRATOR JENNINGS DISCUSSED I CUSSED WITH THE BOARD THE REQUEST OF HARVEY AND MILDRED BEHRENDT FOR ABANDONMENT OF THE ROADWAY OF A SMALL PARK ADJACENT TO LOT 17, BLOCK A, UNIT 3, INDIAN RIVER HEIGHTS SUBDIVISION, HE NOTED THAT THIS MATTER CAME UP SOME YEARS AGO, BUT AT THAT TIME THE BOARD WAS CONSIDERING SEWER AND WATER IN THE AREA AND DID NOT GO ALONG WITH THE REQUEST. THE ADMINISTRATOR EXPLAINED THAT THE APPLICANTS WISH TO ABANDON THE CURVED PART OF THE ROADWAY AND INSTEAD BRING THE ROAD STRAIGHT TO THE INTERSECTION AT A 900 ANGLE, AND HE FELT, AS FAR AS DRIVING SAFETY IS CONCERNED, IT WOULD BE BETTER IF THE CURVE WERE ELIMINATED, i COMMISSIONER SIEBERT POINTED OUT THAT SUCH AN. ABANDONMENT WILL GREATLY INCREASE THE SIZE OF THE APPLICANT IS PROPERTY, AND HE FELT THE LAND IS WORTH SOME MONEY,AND POSSIBLY THE COUNTY SHOULD INFORM THE APPLI- CANT, THEY WILL ENTERTAIN AN OFFER TO BUY IT. DISCUSSION FOLLOWED, AND THE ATTORNEY STATED THAT IN AN ABANDON- MENT HALF OF THE PROPERTY GOES TO THE OWNER ON EACH SIDE, AND IN THIS CASE WHERE THE PROPERTY ABUTS A ROAD, HE FELT HALF WOULD GO TO THE APPLICANT' AND THE OTHER HALF TO THE COUNTY BUT HE WOULD HAVE TO CHECK THE DEDICATION TO BE SURE. F 11 FEB' 91977 177 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY SCHMUCKER, THE BOARD UNANIMOUSLY TABLED CONSIDERATION OF THE ABANDONMENT OF THE ROADWAY OF THE SMALL PARK ADJACENT TO LOT 17, BLOCK A, UNIT 3, INDIAN RIVER HEIGHTS SUBDIVISION, UNTIL THE NEXT MEETING IN ORDER FOR THE ATTORNEY TO RESEARCH THE MATTER, ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAD REVIEWED THE AGREEMENTS BETWEEN INDIAN RIVER FARM" WATER 14ANAGEMENT DISTRICT AND INDIAN RIVER MOSQUITO CONTROL DISTRICT AND THE COUNTY IN REGARD TO PARTICIPATING IN THE COUNTY'S BLUE CROSS/BLUE SHIELD PROGRAM, AND THEY ARE ACCEPTABLE. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE AGREEMENTS BETWEEN THE COUNTY AND INDIAN RIVER FARMS WATER MANAGEMENT DISTRICT AND INDIAN RIVER MOSQUITO CONTROL DISTRICT WITH REFERENCE TO BLUE CROSS/BLUE SHIELD HOSPITALIZATION PAYMENTS AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. 12 FEB 9 1977 8IMz 281,364 A r F A G R E E M E N T THIS AGREMENT, made this4-4 day of February, 1977, by and between INDIAN RIVER MOSQUITO CONTROL DISTRICT, hereinafter called "District" and INDIAN RIVER COUNTY, hereinafter called "County." W I T N E S S E T H: WHEREAS, the County has hospitalization and major medical insurance under a group plan with Blue Cross/Blue Shield arkd WHEREAS, the District desires to come under and be a part of the County's Blue Cross/Blue Shield group plan. NOW THEREFORE, in consideration of the premises and other good and valuable considerations, the receipt of which is hereby acknowledged, parties agree as follows: 1. The County agrees that the District employees may become members of the County's Blue Cross/Blue Shield group hospitalization and major medical plan. 2.. The District agrees that it will pay for all of the cost of the District's employees that are part of the County's Blue Cross/Blue Shield group plan. 3. The District agrees that the County shall not have any liability to the District or its employees as a result of the District's employees becoming members of the County's Blue Cross/ Blue Shield group hospitalization and major medical plan. Page 1 of 2 a FA IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its Chairman, attested by its secretary, and its corporate seal affixed by due authority of its Board of Commissioners. :,igned, sealed and delivered in the presence of: (Corp. Seal) INDIAN RIVER MOSQUITO CONTROL DISTRICT I _ By Attest:_ Ex -0 cio Secretary IN WITNESS WHEREOF, said County has caused these presents to be executed in its name by the Chairman of the Board of County Commissioners, attested by the Clerk and its seal affixed by due authority of its Board of County Commissioners. Signed, sealed and delivered in the presence of: -2- 0 FEB 91977 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIIVER COUNTY, FLORIDA B y : William C. Wodtke, Jr. Chair an Attest :__ Freda Wright - Clerk A 366 J 1� 1 A G R E E M E N T THIS AGREEMENT, made this &-aay of January, 1977, by and between INDIAN RIVER FARMS WATER MANAGEMENT DISTRICT, hereinafter called "District" and INDIAN RIVER COUNTY, hereinaft called "County." W I T N E S S E T H: WHEREAS, the -County has hospitalization and major medical insurance under a group plan with Blue Cross/Blue Shield and WHEREAS, the District desires to come under and be a part of the County's Blue Cross/Blue Shield group plan. NOW THEREFORE, in consideration of the premises and other good and valuable considerations, the receipt of which is hereby acknowledged, parties agree as follows: 1. The County agrees that the District employee.. may become members of the County's Blue Croe^/Blue Shield group hospitalization and major medical plan.- 2. lana 2. The District agrees that it will pay for all of the cost of the District's employees that are part of the County's Blue Cross/Blue Shield group plan. 3. District agrees that the County shall not have any liability to the District or its employees as a result of the District's employees becoming members of the County's Blue Cross/ Blue Shield group hospitalization and major medical plan. IN WITNESS WHEREOF, said District has caused these presents to be executed in its name by its president, attested by its secretary, and its corporate seal affixed by due authority of its Board of Supervisors. aledan. e1:;krered INDIAN RIVER FARMS WATER MANAGE- senc o -,/// MENT DISTRICT By At - (Corp. Seal) Smith, Heath & Smith, Attorneys At Law, P. O. Box 1030, Vero Beach, Florida 32960 9 _i I ��M M IN WITNESS WHEREOF, said County has caused these presents) . I to be executed in its name by the Chairman of the Board of County Commissioners, attested by the Clerk and its seal affixed by due authority of its Board of County Commissioners. Signed, sealed and delivered BOARD OF COUNTY C01,21ISSIONERS OF in the presence o�Bf:� INDIAN RIVER COUNTY,FLORIDA By: _�� C 744P4 William C.Wodtk I Jr. /0, Chairman Attest: �J4� Lehr Freda Wright Smith, Heath & Smith, Attorneys At Law, P. O. Box 1030, Vero Beach, Florida 32960 RLrt 28 : �._68 •A DISCUSSION CONTINUED WITH REGARD TO THE COUNTY'S INSURANCE PROGRAM, AND COMMISSIONER SIEBERT REQUESTED THAT THE ADMINISTRATOR CARRY OUT A REVIEW OF THIS PROGRAM AS PREVIOUSLY REQUESTED. COMMISSIONER DEESON STATED THAT HE IS WAITING ON A CONFIRMATION BEFORE RECOMMENDING A REPLACEMENT FOR SHERIFF .JOYCE ON THE ECONOMIC OPPOR- TUNITIES COUNCIL. CHAIRMAN WODTKE REPORTED THAT COUNTY PLANNER, VAL BRENN^,N, HAD FORWARDED TO HIM THE FINAL BILL OF ADLEY ASSOCIATES, INC., FOR PAYMENT IN REGARD TO THE PREPARATION OF THE 1977/7$ PREAPPLICATION FOR COMMUNITY DEVELOPMENT FUNDS. ON POTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED FOR PAYMENT BILL OF ADLEY ASSOCIATES, INC., IN THE AMOUNT OF $105.64, BEING THE FINAL AMOUNT DUE IN REGARD TO PREPARATION OF THE COUNTY'S 1977/78 PREAPPLICATION FOR COMMUNITY DEVELOP- MENT BLOCK GRANT NON -METROPOLITAN DISCRETIONARY FUNDS. January 31, 1977 ASSOCIATES.INC. STATEMENT - 4-44 1620. MAIN STRE.r/SN ns TA. Fnpj A 33577 Mr. Valentine Brennan, Director Indian River County Planning Commission 2121 - 14th Avenue Vero Beach, Florida 32960 For professional services rendered in connection with the preparation of the County's 1977/78 Preapplication for CDBG lion -Metropolitan Discretionary funds, as approved by the County Commission on November 17, 1976. This invoice represents completion of the contract and is to be construed as final billing. Out -Of -Pocket Expenses* Travel: 350 miles @ 18�/mile $ 63.00 Subsistence: 25.20 Telephone 17.44 DUE AND PAYABLE $105.64 Thank you. Sincerely, Harr C. dley, ATP President -~ ADLEY ASSOCIATES, INC. CO related trip by Bill Brisson on 1/4/77 HCA:r 17 FEB 91977 , q!?f1� !-..369 ADMINISTRATOR JENNINGS REPORTED THAT HE HAS RECEIVED A REQUEST FROM GILBERT "CY" SMITH FOR THE COUNTY TO GRADE DAIRY ROAD IN FELLSMERE. THE ADMINISTRATOR NOTED THAT THIS IS A PRIVATE ROAD IN AND OUT TO THE DAIRY, IT HAS NEVER BEEN DEDICATED TO THE COUNTY, AND THE COUNTY HAS NEVER MAIN- TAINED IT. WHILE MR. SMITH OWNED THE DAIRY, HE MAINTAINED THE ROAD WITH A SMALL TRACTOR. NOW THE DAIRY HAS BEEN SOLD, NO ONE MAINTAINS THE ROAD, AND THE PEOPLE WHO HAVE HOUSES AND MOBILE HOMES THERE WISH TO HAVF IT GRADED, THE ADMINISTRATOR INFORMED THE BOARD THAT WHEN MR. SMITH SOLD PAR- CELS ON THIS ROAD, EACH DEED INCLUDED A 25' EASEMENT. COMMISSIONER SCHMUCKER ASKED IF THERE IS A CONTINUOUS 25' EASE- MENT ALL ALONG THE ROAD, AND THE ADMINISTRATOR STATED THAT THERE IS NOT AND THE ROAD IS POSSIBLY ON DRAINAGE DISTRICT PROPERTY. COMMISSIONER SIEBERT STATED THAT HE FELT THIS ROAD WOULD HAVE TO BE ADDED TO THE AGREEMENT WE HAVE WITH THE FELLSMERE WATER MANAGEMENT DISTRICT IN REGARD TO MAINTENANCE OF ROADS, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO CONTACT MR, SMITH AND TELL HIM THAT THE MAINTENANCE OF ROADS LOCATED ON FELLSMERE WATER MANAGEMENT DISTRICT RIGHTS-OF-WAY IS DONE BY AN INTERGOVERNMENTAL AGREEMENT WITH THEM THAT HAS SPECIFIC ROADS LISTED, AND THIS REQUEST SHOULD COME THROUGH FELLSMERE WATER MANAGEMENT DISTRICT. ATTORNEY COLLINS DISCUSSED THE TIME SCHEDULE NECESSARY IN REGARD TO PURCHASE OF THE PROPERTY TO MEET THE SANITARY LANDFILL REQUIREMENTS, HE CONTINUED THAT THERE ARE TWO ALTERNATIVES - EITHER TO ENTER INTO A CON- TRACT AT AN AGREED PRICE OR TO MAKE A DETERMINATION TO CONDEMN - AND IN- FORMED THE BOARD THAT HE HAS RECEIVED AN APPRAISAL OF THE PROPERTY FROM PHILIP HOUCK, M.A.I. HE RECOMMENDED THAT THE BOARD NOT OFFER MORE THAN THE APPRAISAL HAS SUBSTANTIATED AND ASKED FOR THE BOARD'S AUTHORIZATION TO NEGOTIATE SO THAT HE CAN WORK BETWEEN NOW AND THE NEXT MEETING TO TRY TO REACH AN AGREEMENT WITH THE PARTIES INVOLVED, IN CASE AN AGREEMENT CANNOT BE REACHED, HE WILL REPORT BACK AT THE NEXT MEETING, AND THE BOARD CAN THEN TAKE WHATEVER ACTION IT MAY DEEM APPROPRIATE, HUI FEB 9197'7 , "rr AY , .370 COMMISSIONER SIEBERT QUESTIONED THE USE OF THIS PARTICULAR AP- PRAISER AND POINTED OUT THAT THE BOARD HAD NOT AGREED WITH HIS APPRAISAL_ ON THE PRISON PROPERTY, DISCUSSION FOLLOWED ON THE FIGURES PRESENTED AND THE COMPARABLE SALES USED. CHAIRMAN WODTKE ASKED HOW MUCH DELAY ANOTHER APPRAISAL WOULD CAUSE. ATTORNEY COLLINS ESTIMATED TWO TO THREE WEEKS' DELAY. HE NOTED THAT HE AND THE ADMINISTRATOR JUST NEED AUTHORIZATION TO NEGOTIATE FOR A CERTAIN NUMBER OF ACRES UPON A PRICE AS DETERMINED BY THE APPRAISER SO WE CAN MOVE AHEAD, BUT POINTED OUT THAT ANOTHER APPRAISAL CAN BE OBTAINED AND WE CAN STILL MOVE AHEAD. MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COMMIS- SIONER DEESON, TO AUTHORIZE THE ATTORNEY TO NEGOTIATE FOR 190 ACRES FOR THE SANITARY LANDFILL SITE BASED ON THE APPRAISED VALUE. COMMISSIONER SIEBERT STATED THAT HE DOES NOT AGREE WITH THE APPRAISAL AND POINTED OUT THAT SOME OF THE COMPARABLE SALES USED ARE WEST OF I-95 AND SOME HAVE BUY-BACK AGREEMENTS. DISCUSSION FOLLOWED ON THE I-95 CONDEMNATION. THE CHAIRMAN CALLED FOR THE QUESTION. COMMISSIONERS SCHMUCKER, DEESON, AND CHAIRMAN WODTKE VOTED IN FAVOR. COMMISSIONER SIEBERT VOTED IN OPPOSITION. THE MOTION CARRIED, LETTER FROM PHILIP HOUCK, APPRAISER, DATED FEBRUARY 1, 1977, IS HEREBY MADE A PART OF THE MINUTES. 19 FEB 91977 0 mA 28 371 l t PHILIP H. HOUCK, M.A.I. REALTOR - APPRAISER 946A Beachland Boulevard --• P.O. Box 3569 Beach Station Vero Beach, Florida 32960 305.56 i • 1539 February 1, 1977 ' t j George Collins,.Jr., Esq. 744 Beachland Boulevard Vero Beach, Florida 32960 Re: Appraisal of Three Tracts in Section 25-33-38 Indian River County Dear Aar. Collins: As you requested, I have made an inspection and appraisal of three tracts of land located west of 74th Avenue, south of Oslo Road. The purpose of this appraisal is to estimate their market values as of January 26, 1977. As is described under Area and Market Data, there have been few, if any, sales of acreage tracts of this type during the past three years. Whereas the market for other types of real estate has improved during the past twelve to eighteen months, apparently there has been little demand for comparable unimproved acreage. It appears to me that several such sales of these lands prior to 1974 were made for speculative pur- poses. Today, it is indicated they would be purchased only for improve- ment or specific use. The acreage figures used for Properties No. 1 and 2 were furnished by Mr. James L. Beindorf and Property No. 3 is based on its assessed acreage. r The estimated values of these properties as of January 26, 1977 are summarized as follows: Property No. 1 - 79 Acres @ avg. $2070 A - $163,530 Property No. 2 - 111 Acres @ avg. $1955 A - $217,005 Property No. 3 - 39.77 Acres @ avg. $1955 A - $ 77,750 229.77 Acres @ avg. $1995 A - $458,285 Following is my report of 19 pages. Assumptions and limiting con- ditions are included and I certify I have no present or contemplated interest in these properties. ' ccrely e � r FEB 91977 THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS-JOURNAL��� Published Weekly JAN 1977 Vero Beach, Indian River County, Florida FtF-CFIVCI? BOARD COUNTY 9, ts' COMMISSIONERS cif COUNTY OF INDIAN RIVER: OF FLORIDA STATE p,.,, Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath' that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published -- - . says Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being NOTICE at NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River Florida, o the hour of e.. 9:30 A.M. Wednesday, February 911977, for the following: n p One (1) new 1976 or 1977 two (2) door Sedan. in the matter of f �-�� C� ,Cl Minimum 103" wheel base. Erg'.ne — Minimum 250 C.I.D. o Specifications, instructions to bidders and bidding blanks are available at the Office of S QQSI the County Administrator, Room 115, County Court House, or will be mailed upon request. The Board of County Commissioners the Court, was pub- reserves the right to reject any or all of the _in bids and make awards in any manner which the Board considers to be in the best interest of lashed in said newspaper in the issues of 0 ^^ 3 ig 77-- Indian River county, Florida. Bids for the above item shall be submitted in an envelope securely sealed and marked on the outside to show the item being bid on and the date and time of the opening. The bids may be mailed or delivered to the Office of the County Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Administrator, Room 115, County Court House, Vero Beach, Florida, 32960. Proposals Vero Beach, in said Indian River Counter and that the said newspaper has heretofore received after 9:30 A.M. February 9, 1977, will been continuously published in said Indian River County, Florida, weekly and has been entered be returned unopened. as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or Board of County Commissioners By: William C. Wodtke Jr. corporation any discount, rebate, commission or refund for the purpose of securing this adver- Chairman tisement for publication in the said newspaper. Jan. 23, 26,1977. Sworn to and subscribed before me thisa of("b. r. -N (Business Manager) (Clerk of the Circuit Court, Ind River County, Florida) (SEAQ THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: FRED COYNE CHEVROLET, VERO BEACH 1977 2—DOOR SEDAN,•MODEL 1XX27 $4,334.32 ARNOLD FORD SALES, VERO BEACH 1977 2 -DOOR FORD MAVERICK $4,294.92 SUNSHINE DODGE CO., MELBOURNE 1977 2—DOOR DODGE ASPEN, MODEL 2945 $4,291.82 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED TO THE ADMINISTRATOR FOR EVALUATION, 21 FEB 91977 2V A 373 I THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that h- ;s Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Be....n in Indian River County, Florida; that the attached copy of advertisement, being in the matter of _T7 t < C! ,k I� &�tT'' <`_12 In the Court, was pub- lished in said newspaper in the issues of "^ 12. t q 7 7 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy.of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. C Sworn to and subscribed before me this d of \ -� D. ly 7 s ,ty%_ ^ (Business Manager) i ro (Clerk of the Circuit CourVindian River County, Florida) (SEAL) NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners wilt receive bids to the hour of 9:30 a.m. Wednesday, February 9, 1977, for the following: One Truck Mounted Hoist and Haul Unit Specifications, Instructions to bidders and bidding blanks are available at the Office of the County Administrator, Roorn+ 115, County Courthouse, or will be mailed upon request. The Board of County Cc,mmissioners reserves the right to reject any or all of the bids and make awards in any manner which the Board considers to be In the best Interest of Indian River County, Florida. Bids for the above item shall be !submitted In an envelope securely sealed and marked on the outside to show the items being bid' on and the date and time of the opening. The b lds may be mailed or delivered to the Office of the County Administrator, Room 115, County Courthouse, Vero Beach, Florida, 32960. Proposal's received after 9:30 a.m. February 9, 1977', will be returned unopened. Indian River County, Florida Board of County Commissioners By: William C..Wodtke Jr., Chairman Jan. 9, 12, 1977. THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: MCLAIN INDUSTRIES, EAST POINT, GA. ONE TRUCK MOUNTED HOIST AND HAUL UNIT $9,150,00 ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BID BEING REFERRED TO THE ADMINISTRATOR FOR EVALUATION. REQUEST BY ATTORNEY SAMUEL BLOCK FOR FINAL APPROVAL OF SEMINOLE SHORES SUBDIVISION WAS NEXT BROUGHT UP, AND COMMISSIONER SCHMUCKER STATED THAT HE HAD PREVIOUSLY FILED A CONFLICT OF INTEREST IN THIS MATTER WITH THE CLERK OF CIRCUIT COURT AS FOLLOWS, HE THEREUPON LEFT THE MEETING ROOM, 22 FEB 91977 / 374 A F F I D A V I T STATE OF FLORIDA IAN RIVER FILED NOV 30 IQ79 RALPH HAMUS, CLERK INDI d R(VGR,COUNTY COUNTY OF iND Before me, the undersigned authority, personally appeared EDWIN S. SCHMUCKER, of 610 Wall Street, Vero Beach, Florida, who says: 1. This affidavit is given pursuant to Florida Statues Chapter 112.313 which provides standards of conduct for officers and employees of state agencies counties, cities and other political subdivision, legislators and legislative employees. 2. That I an a duly elected County Commissioner of Indian River County, Florida, and that in addition to my duties as County Commissioner, I am a licensed professional engineer in Florida and engage in private practice as a consulting engineer. 3. That I am the President of TOTAL DEVELOPMENT, INC., a Florida Corporation_ in good standing which corporation has represented the Clients, Lc-�:ell Lohman and Associates, to request for a third extension of tentative arprova' and an extension of a water and sewer franchise of Seminole Shores Subdivision. 4. The decision for the extension of tentative approval and for franchise will be referred to the Board of County Commissioners for their action cn saki extention at which time the affiant proposes to abstain from voting because of the above• conf liet of interst. Sworn to and subscribed before me this day of 12S 1976, "�M'511�1", 'Ay'zLaLl EDWIN S. SCHhXIM 0 FEB 91977 r.. NOTARY PUBLIC, STAKE OF FLORIDA AT LARGE My Commission Expires: Notary Public, State o; , , • •• My Commission Expiras August. +5, 1910 —Boot , 375 A r � � ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAS VISITED SEMINOLE SHORES SUBDIVISION, INSPECTED IT, AND FINDS THAT THE CONSTRUCTION WORK IN THE FIELD IS IN ORDER AND THE DEDICATION ON THE PLATS IS ALSO IN ORDER. CHAIRMAN WODTKE NOTED THAT AT THE DECEMBER 1ST MEETING OF THE BOARD SEMINOLE SHORES WAS GRANTED AN EXTENSION OF THEIR TENTATIVE APPROVAL TO THE nATE OF TODAY`S MEETING. ATTORNEY COLLINS REMINDED THE BOARD.THAT SEMINOLE SHORES IS POST- ING A $25,000 BOND TO INSURE COMPLETION OF THE WATER SYSTEM, AND HE FELT ANY APPROVAL SHOULD BE GIVEN SUBJECT TO THE DATE BEING CHANGED ON THE BOND, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, CHAIRMAN 14ODTKE VOTED IN FAVOR, THE BOARD GRANTED FINAL APPROVAL TO SEMINOLE SHORES SUBDIVISION SUBJECT TO THE DATE BEING CHANGED ON THEIR BOND AS SUGGESTED BY ATTORNEY COLLINS. ATTORNEY COLLINS STATED THAT THE BOARD ON JANUARY 5, 1977, AP- PROVED AN EXPANSION OF THE SEMINOLE SHORES SUBDIVISION SEWER AND WATER FRANCHISE, AND ATTORNEY BLOCK HAS PREPARED A RESOLUTION TO THIS EFFECT, HE CONTINUED THAT HE HAS REVIEWED THIS RESOLUTION AND FINDS IT ACCEPTABLE WITH A FEW MINOR REWORDING CHANGES TO WHICH ATTORNEY BLOCK HAS AGREED, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, CHAIRMAN WODTKE VOTED IN FAVOR, THE BOARD ADOPTED RESOLUTION No. 77-10. RESOLUTION N0. 77-10 WILL BE MADE A PART OF THE MINUTES WHEN IT IS RECEIVED, 24 FEB 91977 ��pt8 376 COMMISSIONER SCHMUCKER RETURNED TO THE MEETING AT 10;11 A.M. CHAIRMAN WODTKE ANNOUNCED THAT ADMINISTRATOR JENNINGS HAS AN EMERGENCY ITEM IN REGARD TO THE DOT WHICH HE WISHES TO ADD TO THE AGENDA. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADDED TO TODAY'S AGENDA THE EMERGENCY ITEM AS REQUESTED BY THE ADMINISTRATOR. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT ON DECEMBER IST WE RECEIVED A LETTER FROM THS DOT ASKING FOR A RESOLUTION RELATING TO THE COUNTY'S AGREEMENT WITH THE CITY TO PARTICIPATE IN HALF OF THE ESTIMATED COST OF $32,369 FOR THE DRAINAGE SYSTEM ON 17TH STREET FROM STATE ROAD 5 TO STATE ROAD AIA, THE 50/50 PARTICIPATION WITH THE CITY IN THIS PROJECT WAS ORIGINALLY AGREED UPON AT THE MEETING OF MARCH 10, 1976, THE ADMINIS- TRATOR STATED THAT THE DOT NEEDS A JOINT RESOLUTION PREPARED FOR BOTH THE CITY AND THE COUNTY AS THE DOT CANNOT PROCESS THE AGREEMENT WITHOUT THE RESOLUTION. ATTORNEY COLLINS NOTED THAT HE IS PREPARING RESOLUTION N0, 77-11 IN THIS REGARD AS AUTHORIZED AT THE MEETING OF DECEMBER 15, 1976. ATTORNEY COLLINS DISCUSSED WITH THE BOARD THE AGREEMENT HE HAS PREPARED BETWEEN RALMAR ASSOCIATES, INC., AND THE BOARD IN REGARD TO THEIR WATER ALLOCATION OF 10,000 G.P,D,; A 12" WATER LINE FROM THE CITY WATER PLANT TO THE SOUTH SIDE OF 36TH STREET; AND A 10" WATER MAIN UNDER THE FEC RAILROAD TRACKS; AND SUGGESTED THAT THE CHAIRMAN BE AUTHORIZED TO SIGN THIS AGREEMENT SUBJECT TO THE APPROVAL OF THE ATTORNEY. CHAIRMAN WODTKE ASKED IF THE COUNTY IS TO REIMBURSE RALMAR OR TO PAY DIRECT. ATTORNEY COLLINS SAID HE FELT IT WILL BE.A JOINT PAYMENT; THAT AFTER THE BIDS ARE AWARDED AND THE MONEY IS DUE, EACH WILL PAY THEIR OWN SHARE, HE NOTED THAT HE DOES NOT HAVE FINAL APPROVAL OF THE AGREEMENT FROM RALMAR, BUT STATED THAT THEY HAD WORKED OUT THE WORDING TOGETHER, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE -BOARD UNANIMOUSLY APPROVED THE AGREEMENT WITH RALMAR ASSOCIATES, INCORPORATED, SUBJECT TO ACCEPTANCE BY RALMAR, AND AUTHORIZED THE CHAIR- MAN S SIGNATURE, THIS AGREEMENT WILL BE MADE A PART OF THE MINUTES WHEN RECEIVED, 25 FEB 91977 377 ATTORNEY COLLINS INFORMED THE BOARD A CONTRACT HAS BEEN RE- CEIVED FROM THE SECRETARY OF STATE, STATE OF FLORIDA, IN REGARD TO FUNDING THE INDIAN RIVER COUNTY LIBRARY IN THE AMOUNT OF $15,000 AND STATED THAT THE COUNTY HAS IN THE PAST ENTERED INTO SIMILAR AGREEMENTS TO GET THESE APPROPRIATIONS FOR THE LIBRARY, WHICH AGREEMENTS IMPOSE CERTAIN CONDITIONS AND OBLIGATIONS ON THE COUNTY. THIS AGREEMENT IS FOR THE FISCAL YEAR STARTIF OCTOBER 1, 1976. MOTION WAS MADE BY -COMMISSIONER SCHMUCKER, SECONDED BY COMMIS- SIONER SIEBERT, TO APPROVE THE AGREEMENT BETWEEN THE DEPARTMENT OF STATE, DIVISION OF LIBRARY SERVICES, AND THE COUNTY TO OBTAIN STATE FUNDS FOR AID FOR THE LIBRARY AND TO AUTHORIZE THE CHAIRMAN'S SIGNATURE. COMMISSIONER SIEBERT STATED THAT SINCE THE COUNTY IS AGREEING TO THE CONDITIONS SET OUT IN THE AGREEMENT AND THE LIBRARY DOES NOT SIGN THIS AGREEMENT, HE FELT THERE SHOULD BE SOME AGREEMENT BETWEEN THE COUNTY AND THE LIBRARY THAT THEY WILL COMPLY WITH THE TERMS OF THE AGREEMENT. ATTORNEY COLLINS SAID THAT HE WILL DRAW UP SUCH AN AGREEMENT, BUT NOTED THE BURrr_N WILL STILL BE ON THE COUNTY TO COMPLY. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. 26 FEB 91977 8 fi nrt . a .. 378 FLORIDA STATE PLAN STATE-WIDE LIBRARY PROGRAM GRANT AGREEMENT BETWEEN DEPARTMENT OF STATE, STATE OF FLORIDA DIVISION OF LIBRARY SERVICES AND THE BOARD OF COUNTY.COMMISSIONERS OF INDIAN.RIVER COUNTY, FLORIDA This Agreement, made this day of . 19 , between the Division of Library Services, Department of State, State of Florida, hereinafter called the Division, and the Board of County Commissioners of Indian River County, Florida , hereinafter called the County , for and on behalf of the Indian River County Public Library , hereinafter called the Library. W I T N E S S E T H WHEREAS, the Division, as.administrator of federal funds provided through the Library Services and Construction Act, Public Law 91-600, under the plan of operation approved by the U.S. Commissioner of Educa- tion, is desirous of extending LIBRARY.SERVICE TO THE AGING; and, WHEREAS, the Division and the County mutually pledge co- operation for the implementation and administration of such a library service program; NOW, THEREFORE, the parties hereto agree as follows: 1. The County agrees to: a. Administer all funds allocated to it by the.Division to carry out library service to the aging. b. Repay to the Division any and all funds not thus expended. c. Make such written reports as the Division may require, including a narrative report showing the progress of the a n FELB 91977 Rent :x..379 r, -2- program and written reports of expenditures, and to provide an audit report by a certified public accountant, unless audited by the Auditor General. d. Review, at the close of the grant period, the program and progress made toward its implementation. e. Provide verification that the Library will comply with Title VI of the Civil Rights Act of 1964. 2. The Division agrees to: a. Furnish funds in accordance with the terms of the program in the amount of Fifteen Thousand Dollars ($15,000.00)----- -------------------------------------------- for the fiscal year October 1, 19 76 , through September 30, 19 77 , in consideration for the Library's performance hereinunder, which amount will be paid semi=annually contingent upon funding by the Department of Health, Education and Welfare, Office of Education. b. Furnish supervision, counsel and assistance toward the objective of providing library service in this area. 3. This contract shall be in effect during the period October 1, 19 76- through September 30, 19 77 . ATTEST: rLe- / s o: Secretary of te, Department of State, State of Florida J �_: As TO: Chalrman, oara oz County Commissioners of Indian River County, Florida FEB91977 eL,4,- etary of S , Department State, StaV6 of Florida airman, BMAO 40cy Uout- missioners of Indian Iver County, Florida »Ur,� C8 :14:..180 A.GREEMBNT THIS AGREEMENT, made this.41_'_-/�day of Y-,-Q-L'j «-'lel , 1977, between INDIAN RIVER COUNTY, Political Subdivision, of the State of Florida, and INDIAN RIVER COUNTY PUBLIC LIBRARY, State of Florida, the parties agree as follows: 1. Indian River County has entered into a contract with the Division of Library Services, effective the 9th day of February, 1977. Said contract required Indian River County to regulate compliance with the following items: a) Administer all funds allocated to it by the Division to carry out library service to the aging. b) Repay to the Division any and all funds not thus expended. c) Make such written reports as the Division may require, including a narrative report showing the progress of the program and written reports of expenditures, and to provide an audit report by a certified public accountant, unless audited by the Auditor General. d) Review, at the close of the grant period, the program and progress made toward its implementation. e) Provide verification that the library will comply with Title VI of the Civil Rights Act of 1964. 2. INDIAN RIVER COU14TY PUBLIC LIBRARY agrees to comply with the above stated requirements which are binding upon Indian River County and further agrees to indemnify Indian River County for non- compliance of the above.. 3. The parties agree that Indian River County is accepting the grant contract with Division of Library Services conditioned upon this I agreement and the understanding that the INDIAN RIVER COUNTY PUBLIC LIBRARY will indemnify Indian River County for any non-compliance. --- Vice Chairman, Board of Co ty Commissioners of Indian River County, Florida. By: NDIAN l/1VL CO NTY PUBLIC LIBRARY n FEB 919778 a8 ATTORNEY COLLINS NOTED THAT COMMISSIONER DEESON WAS APPOINTED YOUTH GUIDANCE PROJECT DIRECTOR AT THE MEETING OF JANUARY 19, 1976, BUT FELT THIS SHOULD BE DONE BY RESOLUTION, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No, 77-12 APPOINTING COMMISSIONER DEESON YOUTH GUIDANCE PROJECT DIRECTOR, all FEB 91977 p o ri28 :,: 382 RESOLUTION 77-12 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Commissioner Don Deeson from District One is appointed as Project Director of the Indian River County Youth Guidance Volunteer Program. This Resolution shall become effective as of the 19th day of January , 1977• BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By:VI-d4wo-WQ4 4 William C. Wodtke, Jr , Chairman Attest: Clerk soap 383- FEB1977 ATTORNEY COLLINS NEXT INFORMED THE BOARD THAT THE LEGISLATURE IN THE PAST SESSION APPROVED A GENERAL LAW WHICH GIVES MUNICIPALITIES SOLE RIGHT OF APPROVAL OF PLATS LYING WITHIN THEIR MUNICIPALITY, PLATS WHICH ARE PARTIALLY IN THE COUNTY AND THE CITY REQUIRE A JOINT EFFORT, HE NOTED THAT INDIAN RIVER COUNTY HAS A SPECIAL ACT WHICH GIVES THE COUNTY THE RIGHT TO APPROVE ALL PLATS IN THE COUNTY, BUT HE FEELS THIS NEW LAW SUPERSEDES THE SPECIAL ACT AND WOULD RELIEVE Tl-!': ADMINISTRATOR OF THIS NECESSITY, ADMINISTRATOR .JENNINGS COMMENTED THAT HE FEELS THE NEW LAW IS ILL ADVISED BECAUSE IF A PLAT IS PUT ON RECORD IN THE CITY OF VERO BEACH AND THE COUNTY DOES NOT REVIEW IT, YOU CAN HAVE A SITUATION WHERE THERE COULD BE ROADS OR SEWER LINES THAT DON T MEET. COMMISSIONER SIEBERT FELT OUR STATE REPRESENTATIVE SHOULD BE NOTIFIED OF THIS MATTER. THE CHAIRMAN INSTRUCTED THE ADMINISTRATOR TO ADVISE REPRESENTA- TIVE DALE PATCHETT OF OUR PROBLEMS IN THIS AREA, ATTORNEY COLLINS STATED T':AT THE COURSE DECIDED UPON AT THE WORK- SHOP SESSION IN REGARD TO FINANCIAL TOOLS FOR T.::E SANITARY LANDFILL SHOULD BE FORMALIZED BY ACTION OF THE BOARD AND SUGGESTED THAT A PUBLIC HEARING ON AN ORDINANCE SPECIFICALLY COVERING THIS SITUATION BE AUTHORIZED, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY INSTRUCTED THE ATTORNEY TO DRAW UP AND ADVERTISE FOR PUBLIC HEARING ORDINANCE N0, 77-4 AUTHORIZING THE COUNTY TO ISSUE TAX ANTICIPATION NOTES FOR INTERIM FINANCING FOR THE SANITARY LAND- FILL. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY COLLINS, ADMINISTRATOR .JENNINGS, INTERGOVERNMENTAL COORDINATOR THOMAS, AND FINANCE OFFICER .JACKSON TO CONTACT FINANCIAL INSTITUTIONS FOR THE PURPOSE OF GETTING BIDS ON TAX ANTICIPATION NOTES AS ABOVE, ATTORNEY COLLINS ASKED WHETHER IN CONTACTING THESE INSTITUTIONS, THEY SHOULD TALK IN TERMS OF THE TWO PROJECTS - THE LANDFILL AND A FUTURE COUNTY WATER SYSTEM - OR JUST THE LANDFILL. AGREED. COMMISSIONER DEESON FELT BOTH SHOULD BE DISCUSSED, AND THE BOARD ADMINISTRATOR JENNINGS BROUGHT UP THE LETTER RECEIVED FROM THE 32 s.. EB 8r.��t 004 p977 0 DOT REQUESTING THE COUNTY TO ACCEPT MAINTENANCE OF THE WAYSIDE PARK ON U.S.1 AT SEBASTIAN AND THE FISHING WALK AT THE BRIDGE ON S.R.510 AND NOTED THAT COMMISSIONER DEESON HAS REPORTED THAT IT IS MAINLY THE TRAVELING PUB- LIC THAT USES THIS PARK AND COUNTY PEOPLE USE IT VERY LITTLE, HE NOTED THAT HE HAS DETERMINED THAT THE DOT MAINTENANCE MEN DO NOT GET BY THE FISH- ING WALK DAILY BUT FEEL THAT ONCE OR TWICE A WEEK IS SUFFICIENT. THE AD- MINISTRATOR STATED THAT WE DO HAVE A CLEAN-UP CREW THAT GOES BY THE PARKS AND THEY COULD INCLUDE THE FISHING WALK IN THEIR ROUTINE TRIPS. HE SUG- GESTED THAT THE BOARD CONSIDEK ACCEPTING MAINTENANCE OF THE FISHING WALK AND REQUEST THE STATE TO RETAIN THE WAYSIDE PARK. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, TO ACCEPT MAINTENANCE OF THE FISHING WALK AT THE BRIDGE ON S.R.510 AND TO ASK THE DOT TO RETAIN MAINTENANCE OF THE WAYSIDE PARK ON U.S.1 AT SEBASTIAN. COMMISSIONER SCHMUCKER NOTED THAT THIS WOULD BE JUST ROUTINE MAINTENANCE OF THE FISHING WALK AND NOT STRUCTURAL MAINTENANCE. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. CHAIRMAN WODTKE BROUGHT UP THE MATTER OF THE SAND FILLING IN THE WEST SLUICE OF THE WABASSO CAUSEWAY. INTERGOVERNMENTAL COORDINATOR THOMAS REPORTED THAT HE HAS CON- TACTED BOTH THE DER AND THE DOT IN THIS REGARD, BUT NOTHING HAS BEEN ACCOM- PLISHED SO FAR. IT WAS AGREED THAT THE ADMINISTRATOR WILL FOLLOW THROUGH ON THIS MATTER AGAIN. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT AT THE MEETING OF .JANUARY 10TH THE BOARD ADOPTED RESOLUTION 77-8 IN REGARD TO RIGHT-OF-WAY CONTRACTS ON SEC. 88508-2601, STORM GROVE ROAD AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN, BUT HE WAS UNABLE TO GET THE MAP OF SURVEY ON FILE THE SAME DAY AS REQUIRED BY THE DOT, WHICH MAKES THE DATE OF THE RESOLUTION UNACCEPTABLE TO THE DOT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY RESCINDED RESOLUTION No,77-8 AND ADOPTED RESOLUTION No. 77-13 APPROVING RIGHT-OF-WAY CONTRACTS ON SEC. 88508-2601, STORM GROVE ROAD AND AUTHORIZING THE SIGNATURE OF THE CHAIRMAN, 33 FEB 9'1971ens 385 Rev. 11-75 Section 88508-2601 COUNTY COMMISSIONERS RESOLUTION No. 77-13 On motion•of Commissioner Siebert , seconded.by Commissioner Schmucker , the following resolution was adopted: WHEREAS, the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION has authorized and requested- Indian River County to•fuinish the necessary rights of way, borrow -pits and easements for that portion of Section 88508-2601 from a point near the East line of Section 18, TownshipA3 South,* Range•39 East Easterly along Storm Grove Road to a point on the East line of Section 15, Township 32 South, Range 39 East which has been surveyed and located by the STATE OF FLORIDA DEPART- :. MENT OF TRANSPORTATION as shown by a map on file in the Office of i the Officer designated by law as the recorder -for said County, and .in the office of the said Department at Tallahassee, and WHEREAS, the said Department will not begin construction of said portion of said Section in said County until title to all land necessary for said portion of said Section has been conveyed to or vested in said State by said County, and said lands are physically cleared of all occupants, tenants, fences, buildings, and/or other structures and improvements upon.or encroaching within the limits of the land required for said portion of said Section; and WHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits and easements; now therefore, be it RESOLVED, that the STATE OF FLORIDA DEPARTMENT OF TRANS- PORTATION be and it is hereby requested to pay for the rights of way, borrow pits and easements for said road, including the removal of buildings, fences and other structures and improvements thereon, utility relocations and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condem- nation, from proceeds•of State,of Florida Department of General Services bonds or secondary gasoline tax funds (Article XII,.Section 9 (4), of Florida Constitution, and Section 335.041, Florida Statutes, as amended), whichever is available, under conditionA set forth in the contract, of which this resolution forms a part; and be it further 0 FEg';� ? .I: flCO� 28 ..:::•86 � � r . • yY • RESOLVED, that said County through its Board of County 'w Commissioners,•comply wish the request of said Department and pro- cure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and ! deliver to the STATE OF FLORIDA DEPARTMNT OF TRANSPORTATION said lands physically clear of all occupants tenants, fences, buildings and/or other structures and improvements•situate upon or encroaching within the limits of the lands required for said•portion of said Section and that the Chairman -and. the•Clerk of the Board be and the., are.hereby authorized and directed to execute and deliver on behalf of said County to said Department the Contract in the form hereto k I attached; STATE OF FLORIDA ) ti COUNTY OF INDIAN RIVER C . i I HEREBY CERTIFY that the foregoing is a true and correct copy of resolution passed by ,the Board of County Commissioners of i -Indian River County, Florida, at a meeting held the 9th day of February ; A. D., 1977 , and recorded in the Commissioners minutes. IN WITNESS WHEREOF, I hereunto set my hand and official seal this 16th day of February , A. D. 19 77 r 1 (SEAL) Clerk of the Board;,bf County Commissioners i • l r i i r -2- FEB91�77 Brei a$' `_ ffi«: M-Nt Rev. 11-75 Section' 88508-2601 RIGIiT OF WAY CONTRACT PROVIDING FOR USE OF SECONDARY GASOLINE TAX .FUNDS F' OR STATE OF FLORIDA DEPARTMENT OF GENERAL SERVICES BOND FUNDS' e THIS AGREEMENT made and entered into this day of 19 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida,` hereinafter called the "Department", and the COUNTY OF INDIAN RIVER, a Political Subdivision of the State of Florida, hereinafter called the "County", , W I T N E S S E T Hs WHEREAS, the Legislature of Florida has designated and established State Road No.11QNE -and the Department has•located and surveyed a part of said Road designated as 88508-2601 and has prepared a Map of Survey and Location covering that portion of,said Section 88508-2601 'from a point near the East line of Sartinn 18, Township 32 South,' RancTe 39 East Easterly along Storm S,rovP Road o age nt on the East line of Section 15, Township 32 South, Range 39 East in'said County, as shown on a map, duly certified as provided by law, on file in the office of the Department of Transportation, Tallahassee, Florida, and on.file in the Office of the Official designated by law as the recorder for said County, and in the judgment of the Depart- ment said location and survey have been found to be practicable, necessary and to the best interest -of the State, and WHEREAS, the Department has requested and authorized said County to secure by donation or purchase, if possible, the lands and property necessary for'such right of way, borrow pits and drainage easements for said portion of said Section, and such as may here- after be found necessary by the Department for said portion of said Section, and WHEREAS,. the County is financially unable at this time to provide the necessary funds from local sources to acquire the right of way, borrow pits and drainage easements, and WHEREAS, the Board of County Commissioners of said County, at a meeting duly called and held on the 9th day of February ; o A. D., 19 77, adopted a resolution, a copy of which is attached here - FEB 91977 Book$ . a ,. 388 l� . -.. .-.. _, �.. gin: r :. - . .. , 'i •.. . r - - � _..� ..,.. 1...-. .. #?J 'I t to as Exhibit "A" and made a part hereof, signifying its agreement to comply with the Department's said request, requesting the Depart- , I went to pay for acquiring said lands for right of way, borrow p$ts and drainage easements from funds which have been or may be remitted to the Department under provisions of Article'XII, Section 9 (4), of i the Florida Constitution, and Section 335.041, Florida Statutes, as,,. I amended, for expenditure solely within the County, or from proceeds of the State of Florida Department of General Services bonds issued for the purpose of constructing• this project, and authorizi^g its Chairman and its Cle'rk, on its behalf, to execute this Contract; NOW, THEREFORE, for and in consideration of the premises and of the mutual undertakings hereinafter set forth, the parties mutually covenant and agree as follows: 1. The County shall forthwith furnish the -Department with a title search made by a reliable Abstractor or Abstract Company showing the present ownership and record description of each parcel of land over which said right of way, borrow pits and/or easements extend, together with all unsatisfied or outstanding recorded liens or encumbrances, leases and tax deeds, tax! liens and tax certificates, or other interests, including possessive interests. Thereupon the Department shall prepare and furnish to the County the descriptions of said rights of way, borrow pits and/or easements to be acquired for i'. each -of the several parcels of land, or interests therein as shown by said title search. The furnishing of said descriptions shall be solely for the assistance of the County and nothing in this paragraph shall be taken or construed as the Department's acceptance of the title, or quality of the title, to the land or easements shown, and shall not release or relieve the County of its agreement herein to furnish the Department free, clear and unencumbered title to the band required for said right of way, borrow pits and easements, or from any of its covenants hereunder. 2. After the Department has furnished the County said descrip- tion, the County shall proceed, out of the funds specified below, to acquire either by donation or purchase the free, clear and unen- cumbered title to the land so required as aforesaid for said portion -2- FEB 91977 - " I Hot ?8 � 389 of said Section by the Department for said rights of way, borrow pits and easements, convey or vest the same to or in the State of Florida for the use of the State of Florida Department of Transpor- tation, by good and sufficient deed or deeds, and deliver to the Department said land physically clear of all occupants, tenants, fences, 'buildings and/or other structurn.s and improvements situate . upon or encroaching within the limits of the lands required for said. L ; portion of said Section and shall have adjusted or'secure arrangemuAits • i for the adjustment of all sanitary and/or storm sewers, gas mains, meter, water mains, fire hydrants, pipes, poles, wires, cables,' conduits, and other utilities and facilities situate or encroaching upon said land. Any landjto which the County has heretofore acquired I ' free, clear and unencumbered title, which may be necessary for said rights of way, borrow pits and/or easements, shall be conveyed by the County to the State for the said use under the provisions of this section. Upon completion, the County shall make a certificate to the Department stating for each parcel atd'instruments vesting the free, clear and unencumbered title thereto in the State and certify- ing the removal of all occupants, tenants, fences, buildings and/or other structures and improvements and adjustment of all facilities and certifying that the free, clear and unencumbered title thereto is vested in the State and that all physical encumbrances are removed r and that said rights of way are ready for construction of said por- tion of said Section. 3. In those instances where the County. is unable to acquire, . either bY donation or purchase the lands and property necessary for such right of way, borrow pits and drainage easements for said por- tion of said section, and such as may hereafter be found necessary by the Department for said portion of said Section, the County shall notify the Department of the necessity for condemnation proceedings. The Department shall then, at its sole option, either condemn the lands or authorize the County to do so. In those cases where the Department authorizes the County to handle the condemnation proceed- ings, the County shall make a certificate to the Department stating -3 - FEB9197 g�f ti 28 " 390 L 0 Y for each parcel condemned the instruments vosting the free, clear.and : unencumbered title thereto in the State and certifying the removal'of :. all occupants, tenants, fences, buildings and/or other structures and improvements and adjustments of all facilities and certifying that the free, clear and unencumbered title thereto is vested in the State'' and tha= all physical encumbrances are removed and that said rights of way are ready for construction of said portion of said Section. 4. Commencing with the date when the Department shall begin construction operations on said portion of said Section, and at all times thereafter for so long as said portion of said Section shall continue to be a part of the State System of Roads the County, solely at its own expense, shall save, defend and keep the State of Florida, and the Department, its officers, employees and contractors harmless from any and all damages, claims or injuries, actions at law or suits in equity arising from or,growing out of any defect or alleged defect affecting the title or right of possession of the State of Florida for the use of said road, to any portions of the lands, borrow pits and easements acquired.by the County and required by the Department for said portion of said Section as aforesaid, or because of the lack of title or right of possession thereto or by reason of encumbrances thereon, or failure to have.removed occupants, tenants, fences, buildings'and/or other structures and improvements or made or caused to be made adjustments of utilities and facilities thereon, and the County agrees to pay and discharge all lawful claims, damages, judgments, decrees and any other expenses arising from or growing out of such claims, injuries, actions or suits. S. The Department agrees, at the direction of the County, by resolution attached hereto and made a part hereof, to pay for items set forth in Paragraph 7 below; either from proceeds of State of Florida Department of General Services bonds issued for the pur- pose of construction this project, or from secondary gasoline tax funds (Article XII, Section 9(4), of the Florida Constitution, and Section 335.041, Florida Statutes, as amended). F. The County agrees that.its acquisition of said -rights of way, borrow pits and easements shall be conducted under supervision -4- FEB 7 o.¢naysw --.�.sse•ra-_�'�-' *�c*s.:ersaiar, moi... ...::"�r4,..... �...;...c'3:s..». _.. �....,...... _.... .,.ti."...�_.. �:. '..... , ":"T�.si""y l of the Department. Upon receipt of the necessary and proper in�-gr- mation from the County, the Department shall prepare requisitions for payment .out of said funds directlyto the proper Per persohs for the items set forth in Paragraph 7. • ,,7. The purchase or condemnation of the lands or interests required for rights of way, borrow pits and/or drainage easements for said portion of said Section as aforesaid shall be paid for in the following manner: An appraisal shall be'prepared of costs and damages - required for the acquisition of the lands and ease- ments and the clearing of the right of way of all physical obstructions which shall be approved by the Department. After the appraisal is thus approved, expenditures of said funds will be approved for the...`` following purposes and in the following amounts: 1. Payment of the ym price for the parcels of land or easements arrived at either by negotiation or by awards in condemnation including relocation assistance as applicable under Department policies and regulations. 2. The costs of title search•and otter title infor- mation up to such amount as may be approved by the Department. 3. The costs of the appraisal up to such amount as nay be approved by the Department, provided the appraiser is approved by the Department before he is employed. 4. The compensation to be paid to the County Attorney, if applicable, handling the condemnation proceedings shall be a reasonable fee, as determined by the County Commissioners and approved by proper resolu- tion, which shall, in all.cases, be subject to approval by the State of Florida Department of Transportation. 5. Payment into the Registry of the Court of amount set out in Order of Taking, if proceedings are instituted under Chapter 74, Florida Statutes. The County agrees not to stipulate for or agree to expenditure of funds from this deposit without approval of same.by the Department, and further agrees that money so deposited -shall be used only for the payment of awards of compensation to pro- perty owners; and the County further agrees to reimburse the Department for any money expended from said deposit for any other purpose. IN WITNESS WHEREOF, the Department has caused this Agreement to be executed in quadruplicate by its Director of Administration and Executive Secretary, and its official seal to be affixed; and - 5- il tip FEB 91977 39 FEB 91977 ffl _`a.-....�DV�-,.,.._�. ___.-�_�. _ . ' - �s.emoqm.r,.•aa. a....mas.�'� 6 the County has caused it to be executed by its Chairman and its y Clerk, and its official seal to be affixed, the day .and year first above written. Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT OF in the presence of: TRANSPORTATION ' BY: Director of Administration 1 , ATTEST: (SEAL) As to the Department Executive Secretary COUNTY OF INDIAN RIVER , FLORIDA BY :QEA-4",-'X Q- moi/ i Chairman ATTEST .-J— (SEAL) _ A oj1he County Clerk of the Board ot County Commissioners • i t 39 FEB 91977 ffl ADMINISTRATOR JENNINGS NOTED THAT HE HAS RECEIVED A LETTER FROM GENERAL WATERWORKS CORPORATION IN REGARD TO THE PROBLEMS OF MID—FLORIDA UTILITIES CORPORATION, W HCH IS ONE OF THEIR SUBSIDIARIES, AND THEY WISH TO BE PUT ON THE AGENDA. CHAIRMAN WODTKE SAID HE DID NOT FEEL A COMMISSION MEETING IS THE PLACE TO DISCUSS THESE PROBLEMS, AND IN DISCUSSION, IT WAS SUGGESTED IT MIGHT BE APPROPRIATE FOR THEM TO MEET WITH THE ADMINISTRATOR, THE HAIRMAN, THE ATTORNEY, THE FINANCE. OFFICER AND THE CONSULTING ENGINEERS, CHAIRMAN WODTKE INSTRUCTED THE ADMINISTRATOR TO WRITE GENERAL WATERWORKS CORP, AND TELL THEM THAT HIS OFFICE WILL ARRANGE A MEETING WITH HIS STAFF AND THOSE SUGGESTED ABOVE. THE HOUR OF 11:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a .n in the matter of CA_k� , In the Court, was pub- lished in said newspaper in the issues of C1 19-27 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me t is l % day of A.D. L1L� VY4 \ ( sines Manager) (Clerk of the Circuit Court, [Man River County, Florida) (SEAL) 42 FEB 91977 NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will hold a public hearing on , February 9, 1977, at 11:00 o'clock A.M. at the Indian River County Courthouse, Vero Beach, Florida, to consider the adoption of an Amendment to the Ordinance amending Indian River County Ordinance 75,11, creating a zoning Category known as B-1 Planned Business District by adding Paragraphs B-13 .providing for Child Care and Nurseries and B. 14 providing for Medical Clinics, but not to include Convalescent Homes, Homes for the Aged .and further providing for an effective date. Board of County Commissioners of Indian River County, Florida By: William C. Wodtke Jr. `. Chairman Jan. 16, 1977. 1394 ROBERT BERG, ASSISTANT COUNTY PLANNER, APPEARED AND STATED THAT BOTH THE PLANNING DEPARTMENT AND THE PLANNING AND ZONING COMMISSION RECOMMEND APPROVAL OF THIS AMENDMENT TO ORDINANCE 75-8. HE NOTED, HOWEVER, THAT THE PARAGRAPH NUMBERS, B-13 AND B-14, WERE NOT CORRECT. ATTORNEY COLLINS INFORMED THE BOARD THAT IT WOULD BE IN ORDER TO PROCEED WITH THE PUBLIC HEARING AND JUST ADJUST THE NUMBERS, THE CHAIRMAN ASKED IF ANYONE WISHED TO BE HEARD. THERE WERE NONE, ON POTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON P`'IOTION BY COMMISSIONER $CHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE N0. 77-1 SUBJECT TO THE PARAGRAPH NUMBERS BEING CORRECTED. 43 INDIAN RIVER COUNTY ORDINANCE NO. 77- 1 AN ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCES 71-3 and 75-8, BY ADDING TO SECTION 18 B-1 PLANNED BUSINESS DISTRICT PARAGRAPHS, B-14 PROVIDING FOR CHILD CARE AND NURSERIES AND B-15 PROVIDING FOR MEDICAL CLINICS BUT NOT TO INCLUDE CONVALESCENT HOMES, HOMES FOR THE AGED AND FURTHER PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Indian River County Ordinances 71-3 and 75-8 are hereby amended by adding new paragraphs B-14 and B-15 as follows: SECTION 18. B-1 PLANNED BUSINESS DISTRICT (B) USES PERMITTED. (13) FUNERAL HOMES (14) CHILD CARE ANn NURSERIES (15) MEDICAL CLINICS, BUT NOT TO INCLUDE CONVA- LESCENT HOMES, HOMES FOR THE AGED. THIS ORDINANCE SHALL BECOME EFFECTIVE THE 24th DAY OF February , 1977. FEB91977 = ` 900A 396 L- THE HOUR OF 11:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERA BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath Beach ress-Journal aper published at VertotBeach insIndhe is ianMRi erer of the County, Florriida; that the attached copy of advertisement, ebeing a Q in the matter of r in the Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vitro Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; ad affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- n tisement for publication in the said newspaper. Sworn to and subscribed before me thisn day of A.D. 9( 7 7 I sines Manager) C (Clerk of the Circuit Court, In ' n River County, Florida) (SEAL) NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will hold a public hearing on February 9, 1977, at 11:00 o'clock A.M. at the Indian River County Courthouse, Vero Beach, Florida, to consider the adoption of an Amendment - to the Ordinance Amending Indian River County Ordinance 72-1, amending Zoning Categcry CIA Restricted Commercial District referred to as Section 19 by deleting 19. AB (from said Ordinance) and renumbering. Section 19-A and by further amending Section 19-B by adding to it an additional Sub -Section 7 to be known as Medical Clinic but not Animal Hospital, and further providing for an effective date. Board of County Commissioners of Indian River County, Florida By: William C. Wodtke Jr. Chairman Jan. 16, 1977.. ASSISTANT COUNTY PLANNER BERG NOTED THAT THIS TAKES "MEDICAL CLINICS" OUT OF PERMITTED USES AND INTO A "SPECIAL EXCEPTION" CATEGORY AND STATED THAT BOTH THE PLANNING STAFF AND THE PLANNING AND ZONING COMMISSION RECOMMEND THIS AMENDMENT TO ORDINANCE 72-1. THE CHAIRMAN ASKED IF ANYONE WISHED TO BE HEARD, THERE WERE NONE, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE N0. 77-2. 45 BC'C�I ?8 ^. c 97 INDIAN RIVER COU14TY ORDINANCE NO. 77- 2 AN ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCE 72-1, BY AMENDING THE ZONING CATEGORY KNOWN AS C-lA RESTRICTED COMMERCIAL DISTRICT BY DELETING A-8 MEDICAL CLINIC BUT NOT ANIMAL HOSPITAL AND RENUMBERING PERMITTED USES A-9 THROUGH A-17, REFLECTING SAID DELETION AND ADDING TO SUB SECTION B of SECTION 19 AN ADDITIONAL SPECIAL EXCEPTION, i.e.,(B) (7) MEDICAL CLINIC BUT NOT ANIMAL HOSPITAL BE IT ORDAINED BY THE BOARD Or' COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Indian River County O.3inance 72-1 Section 19 - C-lA Restricted Commercial District is hereby amended by deleting sub -section A-8 and renumbering A-9 through A-17 as set out below and further adding (7) Medical Clinic but not Animal Hospital to sub -section B - Special Exceptions. SECTION 19. C-lA RESTRICTED COMMERCIAL DISTRICT. (A) USES PERMITTED. In this District a building or premises may be used only for the following purposes: (1) Publicly owned or operated parks or playgrounds (2) Public buildings (3) Commercial nurseries or greenhouses (4) Country clubs and golf courses which are not lighted for night play except for putting courses and driving tees (5) Residential dwelling (s) provided that they are not the primary use of the lot and provided they are not located on the main street frontage at the ground level (6) Motels, hotels, bars, night clubs and restaurants, but not including drive-in restaurants or eating places (7) Offices, banks and financial institutions, theatres, personal service establishments, fruit and vegetable stands, commercial and private parking lot and storage garages, grocery stores, drug stores, and any other retail business or commercial enterprise similar thereto (8) Art and photograph studios and galleries (9) Barber and beauty shops (10) Shoe repair shops (11) Laundry and dry cleaning pick-up establishments; no laundering or dry cleaning on the premises (12) Motion picture and live theatres but not including drive-in theatres (13) Tailoring, millinery, garment alteration and repair (14) Churches (15) Libraries and museums (16) Accessory uses and structures customarily associated with and subordinate to the above uses, subject to conditions expressed in Section 25, sub -paragraph (G) FEB 9281977 .1 398 FEB 91977 (B) SPECIAL EXCEPTIONS. (7) Medical Clinic but not animal hospital THIS ORDINANCE SHALL TAKE EFFECT ON THE 9th DAY OF FEBRUARY, 1977. enrr ?8 h 399 THE HOUR OF 11:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VER® BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE Or , :ORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a -n in the matter of In the (� Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me thisof ay d0t:---A.D. .19 ZZ ()) \ siness Manager) (Clerk of the Circuit Court, India Iver County, Florida) (SEAQ NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will hold a public hearing on February 9, 1977, at 11:00 o'clock A.M. at the Indian River County Courthouse, Vero Beach, Florida, to consider the adoption of an Amendmehb to'the Ordinance Amending Indian River County Ordinance 72.1, by adding - to Sub -Paragraph C, Special Exceptions, of Section 4— Agricultural District, at Number 8 category which will include Animal Hospital, Veterinary tlinic, Animal Boarding Place, Dog Kennel,. FOr-Farm and furth-r providing for an effective date. Board of County Commissioners - of Indian River County, Florida By: William C. Wodtke Jr. Chairman Jan. 16, 1977. ASSISTANT COUNTY PLANNER -BERG STATED THAT THE PLANNING STAFF FEELS THE AGRICULTURAL ZONE IS MORE CONDUCIVE TO THIS TYPE USE.AS THERE ARE LARGE OPEN AREAS AND THIS IS A NORMAL PLACE FOR SUCH USES, HE STATED THAT THE PLANNING AND ZONING COMMISSION AND THE PLANNING STAFF BOTH RECOM— MEND APPROVAL OF THIS AMENDMENT TO ORDINANCE 72-1. DISCUSSION FOLLOWED AS TO DEFINITIONS OF "ANIMAL HOSPITAL, VETERINARY CLINICS, ETC," AND IT WAS AGREED SOME MORE DEFINITIONS ARE NEEDED. THE CHAIRMAN ASKED IF ANYONE WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. 48 FEB 91977 Mfr} 28 400 ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE No, 77-3, I14DIAN RIVER COUNTY ORDINANCE NO. 77-3 AN ORDINANCE AMENDING INDIAN RIVER COUNTY ORDINANCE 72-1, CREATING A ZONING CATEGORY KNOWN AS A - AGRICULTURAL DISTRICT BY ADDING TO SUB -PARAGRAPH C, SPECIAL EXCEPTIONS, ANIMAL HOSPITAL, VETERINARY CLINIC, ANIMAL BOARDING PLACE, DOG KENNEL, FUR FAR'd, AND FURTHER PROVIDING AN EFFECTIVE DATE AS FOLLOWS. BE IT ORDAINED BY THE BOARD OF COUNTY COMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Indian River County Ordinance 72-1 Section 4-A - Agricultural District is hereby amended by adding the following to Sub -Paragraph C - Special Exceptions as follows: SECTION 4-A - AGRICULTURAL DISTRICT. (B) SPECIAL EXCEPTIONS. (8) ANIMAL HOSPITAL, VETERINARY CLINIC, ANIMAL BOARDING PLACE, DOG KENNEL, FUR FARM. THIS ORDINANCE SHALL TAKE EFFECT ON THE 9th DAY OF FEBRUARY, 1977. 49 FEB 9 X977 Vot ?8 �� 401 VERNON WRIGHT, ASSISTANT SUPERINTENDENT OF INDIAN RIVER CORREC- TIONAL INSTITUTION, INTRODUCED SUPERINTENDENT CURT MCKENZIE TO MAKE A PRESENTATION IN REGARD TO THE SANITARY LANDFILLS AFFECT ON THE PRISON, SUPERINTENDENT MCKENZIE STATED THAT HE UNDERSTOOD THE UNTENABLE TASK THE BOARD IS FACED WITH, BUT WAS DISAPPOINTED THAT HE AND HIS STAFF WERE NOT APPROACHED IN REGARD TO THE LOCATION OF THE LANDFILL BEFORE ANY DECISIONS WERE MADE, HE WENT ON TO SPEAK OF THE OVERCROWDING OF PRISONS AND NOTED THAT WE ARE FACED MORE THAN EVER WITH YOUTHFUL FIRST OFFENDERS, HE INFORMED THE BOARD THAT INDIAN RIVER CORRECTIONAL INSTITUTION IS ONE OF THE FIRST OF ITS KIND IN THE COUNTRY AND STATED THAT THE APPROACH, PHILOSO- PHY, AND THE VERY PUTTING TOGETHER OF THIS INSTITUTION, HAS ALREADY MADE ITS MARK ON FLORIDA'S CORRECTIONAL SYSTEM AND WILL, IN THE FUTURE, HAVE A BEARING ON THE ENTIRE NATION IN THE FIELD OF CORRECTION, SUPERINTENDENT MCKENZIE NOTED THAT THE INSTITUTION IS DESIGNED FOR THOSE UNDER TWENTY YEARS OF AGE AND POINTED OUT THAT THIS IS A MULTI-MILLION DOLLAR FACILITY, SUPERINTENDENT MCKENZIE DISPLAYED A CHART SHOWING THE LOCATION OF THE BUILDINGS IN THE PRISON COMPLEX IN RELATION TO THE LANDFILL AND STATED THAT THEIR ADMINISTRATION COMPLEX, AS WELL AS THE ACADEMIC AND VO- CATIONAL SHOPS, ARE 251' FROM THE.PROPOSED LANDFILL AREA, THE BASKETBALL COURTS THAT ARE USED SEVEN DAYS A WEEK ARE AT ABOUT THE'SAME DISTANCE, AND THEIR HOSPITAL IS LOCATED JUST BEHIND THE ADMINISTRATION BUILDING, HE CONTINUED THAT AT PRESENT THEY HAVE 288 INMATES PLUS A STAFF OF 111, AND THEY HAVE IN THE NEIGHBORHOOD OF 125 VISITORS WEEKLY, THE SUPERINTENDENT INFORMED THE BOARD THAT THE AVERAGE EDUCATIONAL LEVEL OF THE INMATES IS 5TH GRADE AND 72% ARE TOTALLY UNSKILLED AND SPOKE OF THEIR EFFORTS TO EDUCATE AND TRAIN THEM, HE POINTED OUT THAT WE HAVE A UNIQUE REHABILITA- TION CENTER IN OUR COUNTY THAT IS WORKING AND THE INSTITUTION HAS VISITORS FROM ALL OVER THE NATION, AND EVEN THE WORLD, WHO ARE VERY INTERESTED IN THIS NEW APPROACH TO THE YOUTHFUL FIRST OFFENDER, THE SUPERINTENDENT WENT ON TO SPEAK OF SOME OF THE EFFECTS THE LANDFILL'WILL HAVE ON THEIR OPERATION, HE POINTED OUT THAT A FIRST IM- PRESSION IS A LASTING IMPRESSION AND NOTED THAT THEY MAINTAIN THE 2-1/2 MILES OF ROAD INTO THE INSTITUTION AND KEEP IT UP VERY CAREFULLY FOR 50 FEB g 1g77 L e�oY ?8 r 402 I SECURITY REASONS AS WELL AS APPEARANCE, HE STATED THAT THE PREVAILING WINDS ARE FROM THE NORTHWEST AND WILL BRING THE ODORS FROM THE LANDFILL INTO THEIR COMPLEX. THE COMMISSIONERS DISPUTED THIS STATEMENT, FEELING THAT THE PREVAILING WINDS ARE MAINLY FROM THE SOUTHEAST. SUPERINTENDENT MCKENZIE FURTHER NOTED THERE IS A^PROPOSED TRAIN- ING STATION FOR THEIR STAFF WHICH WILL BE RIGHT ON THE PERIMETER OF THE COMPLEX NEXT TO THE LANDFILL, WHICH "ROJECT HAS BEEN IN THE PLANNING STAGES SINCE THE INSTITUTION WAS DESIGNED. HE SPOKE OF THEIR AUXILIARY WELL AND WATER SUPPLY AND NOTED THERE ARE 25 FAMILIES LIVING IN THE TRAILER PARK TO THE REAR OF THE INSTITUTION. SUPERINTENDENT MCKENZIE NEXT SPOKE OF THEIR SECURITY SYSTEM, PART OF WHICH IS UNDERGROUND AND PRESSURE SENSITIVE, AND NOTED THEY ARE CON- CERNED WITH THE AFFECT HEAVY EQUIPMENT AND VIRBRATIONS MAY HAVE ON IT. HE POINTED OUT THAT THUNDER AND SONIC BOOMS HAVE AFFECTED IT. HE CONTINUED THAT 1/3 OF THEIR SECURITY SYSTEM IS INFRA -RED BEAMS AND INSIDE THE COMPLEX THEY HAVE TWO INFRA -RED BEAMS THAT SCAN OVER 2001. EVERY TIME THE BEAM IS BROKEN BY A BIRD, PIECE OF PAPER, OR ANY SUrm THING, THERE IS A FALSE ALARM INDICATING AN ATTEMPTED ESCAPE. HE SPECULATED THAT THE INMATES COULD THROW BREAD CRUMBS UP ON THE BUILDINGS TO ATTRACT THE BIRDS FROM THE LANDFILL IN AN EFFORT TO ESCAPE. THE SUPERINTENDENT PLED FOR THE BOARD'S RECONSIDERATION OF THE LOCATION OF THE LANDFILL. CHAIRMAN WODTKE THANKED THE SUPERINTENDENT FOR HIS PRESENTATION AND INFORMED HIM THAT THE COUNTY HAS NO ALTERNATIVE BUT TO PROCEED AT THIS LOCATION BECAUSE OF FAA REQUIREMENTS AND TIME SCHEDULE. THE CHAIRMAN ASKED ENGINEER BEINDORF TO EXPLAIN SOME OF THE LANDFILL RESTRICTIONS, LAY- OUT, ETC, TO SUPERINTENDENT MCKENZIE. ENGINEER BEINDORF POINTED OUT THAT THE LANDFILL MUST SET BACK A MINIMUM OF 2001 FROM ANY PROPERTY LINES AND FELT AS THE CONSULTANTS STUDY THE SITUATION, THEY WILL PROBABLY INCORPORATE EVEN MORE OF A SETBACK, HE ALSO NOTED THAT THE LANDFILL MUST BE 1,000 FEET AWAY FROM ANY PRIVATE WATER SUPPLY. MR. BEINDORF CONTINUED THAT THE ENGINEERS HAVE FINISHED ALL THE FIELDWORK THAT IS PRESENTLY BEING CONTEMPLATED, AND THE DESIGN WILL BE SENT TO THE DER. A PUBLIC HEARING WILL THEN BE HELD, AND THE PLANS CAN BE SCRUTINIZED VERY CAREFULLY AT THAT TIME. ENGINEER BEINDORF RECOMMENDED THAT ALL THE INFORMATION PRESENTED TODAY BY SUPERINTENDENT MCKENZIE BE PASSED ON TO OUR RESOURCE RECOVERY CONSULTANTS. 0 o., 51 eoc� 23 A .403 J 0 ADMINISTRATOR JENNINGS AGREED THAT MR.MCKENZIE AND MR, WRIGHT HAVE A PROBLEM, BUT SO DOES THE COUNTY AND IT IS A PROBLEM THAT WILL AFFECT SOME 46,000 PEOPLE IN THE COUNTY, HE POINTED OUT THAT WE ARE DEALING WITH MANDATES OF VARIOUS GOVERNMENTAL AGENCIES TO BE ON A NEW LANDFILL AND IN OPERATION BY THE 30TH OF .JUNE, AND EXPLAINED TO THE SUPERINTENDENT THE PROCEDURES THE COUNTY HAS GONE THROUGH TO TRY TO OBTAIN A SUITABLE LANDFILL SITE, POINTING OUT THAT $15,000 HAS ALREADY BEEN SPENT JUST TO GET TO THE POINT WE ARE AT NOW, HE SUGGESTED THAT HE AND THE SUPERINTENDENT COULD MEET WITH THE ENGINEERS AND TRY TO MAKE THIS SITUATION A LITTLE MORE PALATABLE TO ALL CONCERNED, THE ADMINISTRATOR POINTED OUT THAT THERE ARE BUFFER ZONES AND MANY THINGS REQUIRED TO GO INTO THIS LANDFILL THAT HAVE NEVER BEEN REQUIRED BEFORE AND NOTED THAT MANY RECREATIONAL AREAS IN THIS COUNTRY ARE BUILT ON OLD LANDFILL SITES, CHAIRMAN WODTKE ASKED THE SUPERINTENDENT IF HE WOULD LIKE TO MEET WITH THE COUNTY RESOURCE RECOVERY CONSULTANTS EITHER HERE OR IN MIAMI. SUPERINTENDENT MCKENZIE STATED THAT HE WOULD VERY MUCH LIKE TO MEET WITH THE CONSULTANTS AND WOULD PREFER TO HAVE THE MEETING ON SITE AT THE PRISON COMPLEX. CHAIRMAN WODTKE STATED THAT IT IS THE CONSENSUS OF THE BOARD THAT AN ON-SITE VISIT AND MEETING WITH OFFICIALS OF THE CORRECTIONAL INSTITUTION COULD BE ARRANGED. FREDERICK H. OWEN OF 700 BEACH ROAD SPOKE NOTING THAT HE IS VERY INTERESTED IN PRISON REFORM AND HAS WORKED IN THIS REGARD AS AN APPOINTEE OF THE STATE. HE STATED THAT THIS YOUTHFUL FIRST OFFENDER PRISON WILL AFFECT HUNDREDS OF THOUSANDS OF YOUNGSTERS THROUGHOUT THE UNITED STATES AND HE FEELS IT WILLBE A GREAT DETRIMENT TO THIS SATELLITE PROGRAM TO HAVE A LANDFILL LOCATED NEXT TO IT. COMMISSIONER SCHMUCKER AGREED THAT THE INSTITUTION IS A VERY FINE ONE, AND HE FELT THE BOARD WOULD DO EVERYTHING THEY COULD TO MAKE THE LAND- FILL AS LITTLE OF A PROBLEM TO IT AS POSSIBLE, THE BOARD OF COUNTY COMMISSIONERS RECESSED AT 12:30 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 2:00 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT, 52 FEB91977 8^rjr �� 404 THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RF.°R: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a w ';ly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of C Q n�\c ♦ /n \ �� tCltac In the Court, was pub - fished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Ir. ° an River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the t.rst publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. c Sworn to and subscribed before me this d of D. 19 4L / (Business Manager) (Clerk of the Circuit Court, IndiW River County, Florida) (SEAL) BEFORE THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY In Re:. Application of Indian River Sanitation Service for authority to increase its rates for garbage service In the unincorporated area of Indian River County. NOTICE OF NEARING The Board of County Commissioners of In. dian River County will hold a hearing on February 9 at 2 p.m. in its hearing room in the Indian River County Courthouse, Vero Beach, Florida, on the application of Indian River Sanitation Service for authority to make ef• fective the following garbage service rate Increase Present Rate $3.25, per month Proposed Rate $4.25 per month NOTE: No rate increase is requested for Commercial accounts at this time. Board of County Commissioners of Indian River County, Florida By: William Wedtke, Chairman Jan. 9, 12, 1977. ------ — ATTORNEY COLLINS NOTED THAT THE AD IS TECHNICALLY INCORRECT AS IT STATES THE DAY OF THE MONTH THE HEARING WILL BE HELD BUT NOT THE YEAR, BUT SINCE MR. KNIGHT HAS CERTIFIED THAT HIS CUSTOMERS WERE NOTIFIED OF THE HEARING, HE FELT THE BOARD COULD PROPERLY PROCEED, C. REED KNIGHT, .JR., OWNER OF INDIAN RIVER SANITATION SERVICE, APPEARED AND NOTED THAT HE IS REQUESTING A RATE INCREASE FOR RESIDENTIAL GARBAGE AND TRASH PICK—UP FROM $3.25 TO $4.25 PER MONTH EFFECTIVE MARCH 1ST. HE REFERRED TO THE FINANCIAL STATEMENT SUBMITTED TO THE BOARD AND STATED THAT OPERATING COSTS HAVE GONE UP CONSIDERABLY SINCE HE STARTED BUSINESS IN SEPTEMBER OF 1975, HE CONTINUED THAT THE COMMERCIAL ACCOUNTS ARE PAYING THEIR OWN WAY, BUT HE IS LOSING MONEY ON THE RESIDENTIAL ACCOUNTS, AND NOTED THAT THEY STOP AT EACH HOUSE S TIMES A MONTH, PICK UP GARBAGE AT THE BACK DOOR AND DELIVER IT OUT TO THE DUMP, ALL FOR $3.25. 53 .. , .. Wit2`8�a�:405 FE.B 91977 THE CHAIRMAN NOTED THAT WHEN MR. KNIGHT APPLIED FOR THE FRANCHISE HE ANTICIPATED HAVING ABOUT 1,000 RESIDENTIAL ACCOUNTS, BUT ONLY 600 ARE SHOWN ON THE FINANCIAL STATEMENT, MR. KNIGHT INFORMED THE BOARD THAT SOME OF THE ACCOUNTS WENT TO HIS COMPETITOR; SOME WERE NON -COLLECTABLE; AND SOME WERE OLD NAMES AND ADDRESSES AND DUPLICATES. HE ACTUALLY GOT ONLY ABOUT 500 ACCOUNTS AND GAINED 100 DURING THE YEAR. CHAIRMAN WODTKE ASKED IF MR. KNIGHT HAD CONSIDERED THE AFFECT OF THE NEW LANDFILL OPERATION AND STATED HE FELT THAT POSSIBLY THIS RATE IN- CREASE SHOULD BE BROUGHT UP LATER WHEN THE LANDFILL IS IN OPERATION. MR. KNIGHT REPLIED THAT HE HAD NO ACTUAL FIGURES ON A TONNAGE COST TO BE ABLE TO FIGURE OUT THE AFFECT OF THE LANDFILL, AND HE WOULD ALSO HAVE TO CONSIDER THE LONG HAUL, HE POINTED OUT THAT HE IS OPERATING IN THE RED WITH THE PRESENT LANDFILL AND WOULD ANTICIPATE NEEDING ANOTHER IN- CREASE WHEN THE NEW LANDFILL IS PUT IN OPERATION. HE CONTINUED THAT IF HE WAITED TO ASK FOR A RATE INCREASE UNTIL THE NEW LANDFILL IS OPERATING, HE WOULD HAVE TO ASK FOR A MUCH LARGER INCREASE ALL IN ONE LUMP, AND IT WOULD ACTUALLY NOT ALL BE DUE TO THE LANDFILL AS THE INCREASE HE IS REQUESTING TODAY HAS NOTHING TO DO WITH THE LANDFILL, CHAIRMAN WODTKE ASKED IF MR, KNIGHT HAD ANY FIGURES AVAILABLE AS TO THE TONNAGE INVOLVED WITH HIS 600 CUSTOMERS, AND MR, KNIGHT STATED THAT HE HAD ALREADY GIVEN SOME FIGURES TO POST, BUCKLEY, SCHUH & JERNIGAN IN THIS REGARD. COMMISSIONER SIEBERT COMMENTED THAT WE SHOULD KNOW THE RATES FOR THE LANDFILL WITHIN THE NEXT TWO MONTHS OR SO AND FELT RATHER THAN HAVE TWO PUBLIC HEARINGS, POSSIBLY THIS HEARING COULD BE POSTPONED UNTIL THEN. MR, KNIGHT REITERATED THAT THE INCREASED RATE HE IS REQUESTING STANDS ON ITS OWN MERIT WITHOUT EVEN CONSIDERING THE LANDFILL, HE STATED THAT RIGHT NOW HE HAS A $700 A MONTH LOSS, AND THE REQUESTED INCREASE WOULD JUST MAKE IT A BREAK-EVEN OPERATION. CHAIRMAN WODTKE DETERMINED FROM MR. KNIGHT THAT THE COMMERCIAL ACCOUNTS GENERATE ABOUT 500% OF HIS INCOME AND STATED HE FELT THIS SHOULD BE CONSIDERED. 54 FEB 91977 Wit ?8 .� 406 I MR. KNIGHT POINTED OUT THERE ARE SEVERAL THINGS TO CONSIDER - THE SPECIAL COMMERCIAL CONTAINERS AND THE LIFE OF THEM AND ALSO THE AMOUNT OF TIME SPENT ON RESIDENTIAL ACCOUNTS AS OPPOSED TO COMMERCIAL. HE STATED THAT THE COMMERCIAL ACCOUNTS ARE ACTUALLY SUBSIDIZING THE RESIDENTIAL ACCOUNTS AND NOTED THAT BECAUSE OF COMPETITIVE REASONS, HE IS NOT CHARGING COMMERCIAL ACCOUNTS THE MAXIMUM THAT IS ALLOWED IN THE FRANCHISE AND, THEREFORE, DOES NOT SEE ANY REASON TO ASK FOR AN INCREASE FOR SOMETHING WHERE HE IS NOT ALREADY AT HI,S MAXIMUM. COMMISSIONER SIEBERT DISCUSSED THE POSSIBILITY OF DIFFERENT RATES FOR BACK DOOR SERVICE AND CURBSIDE SERVICE. MR. KNIGHT STATED THAT HE WOULD LIKE TO HAVE MORE AREAS CURBSIDE, BUT DIFFERENTIATING IN THE RATE WOULD CAUSE BOOKKEEPING PROBLEMS AND ALSO BE A PROBLEM FOR HIS HELP. COMMISSIONER SIEBERT DISCUSSED DISCRIMINATING BY GIVING BACK DOOR SERVICE TO SOME AND ONLY CURBSIDE TO OTHERS AND NOTED THAT PEOPLE WHO DO BRING THEIR GARBAGE OUT TO THE SURBSIDE, WHEN THEY FORGET, ARE PENALIZED BY NOT HAVING IT PICKED UP, ATTORNEY COLLINS STATED THAT IT DOES NOT STIPULATE IN THE FRAN- CHISE WHERE GARBAGE MUST BE PICKED UP AND MR. KNIGHT CAN RESOLVE THIS WITH THE CUSTOMER, BUT UNTIL THIS IS RESOLVED, HE WOULD FEEL THE BURDEN IS ON THE FRANCHISE HOLDER -TO PICK UP THE GARBAGE WHEREVER IT IS. MR. KNIGHT STATED THAT HE WILL BE TRYING TO HAVE MORE CURBSIDE SERVICE TO KEEP THE RATES DOWN AND ALSO TO LOWER HIS INSURANCE PREMIUMS, BUT NOTED THAT HE TRIED TO BUILD BUSINESS BY PROVIDING BACK DOOR SERVICE. THE CHAIRMAN ASKED IF ANYONE IN THE AUDIENCE WISHED TO BE HEARD. ARTHUR ALBRECHT OF 1465 STH PLACE ASKED IF HE SHOULD ASSUME THAT WHEN THE NEW LANDFILL GOES INTO OPERATION THERE WILL BE ANOTHER RATE IN- CREASE, AND THE BOARD FELT HE SHOULD. MR, ALBRECHT STATED THAT.SOME OF THE OLDER PEOPLE CANNOT CARRY GARBAGE OUT TO THE CURBSIDE, AND ALSO NOTED THAT SOMETIMES WHEN THEY D0, THE DOGS KNOCK IT OVER AND THE GARBAGE MEN WON T PICK IT UP THEN. CHAIRMAN WODTKE STATED IF THE PEOPLE HAVE COMPLAINTS, THE OWNER OF THE SERVICE SHOULD BE NOTIFIED. HE ASKED IF MR, ALBRECHT WOULD BE WILL- ING TO PAY EXTRA FOR BACK DOOR SERVICE. 3 55 • ��Q� ice. V "a,'•' 40 I MR. ALBRECHT SAID HE DID NOT OBJECT TO A $1.00 INCREASE NOW, BUT COULD NOT GO ALONG WITH ANOTHER RATE INCREASE WHEN THE NEW LANDFILL IS PUT IN, AND IF THERE WAS ONE THEN, HE WOULD GIVE UP THE SERVICE AND TAKE HIS OWN GARBAGE TO THE DUMP. THE CHAIRMAN EXPLAINED TO HIM THE SITUATION ABOUT THE LANDFILL AND CHARGES THAT WILL BE MADE. .JOSEPH BLAKE OF 300 14TH P ACE SPOKE IN FAVOR OF AN INCREASE. HE'STATED THAT HE HAS HAD VERY GOOD SERVICE FROM INDIAN RIVER SANITATION AND HAS MADE A SURVEY AND BELIEVES MOST OF THE PEOPLE IN HIS AREA FEEL THE SAME WAY, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING, COMMISSIONER SIEBERT ASKED IF THE DECISION ON A RATE INCREASE FOR INDIAN RIVER SANITATION SERVICE COULD BE HELD OFF UNTIL AFTER THE PUB- LIC HEARING ON THE RATE INCREASE REQUEST OF RURAL SANITATION SERVICE. ATTORNEY COLLINS DID NOT FEEL THIS WOULD PRESENT ANY PROBLEM. CHAIRMA"! WODTKE INFORMED THE BOARD THAT SHERIFF JOYCE HAS SENT DOWN A DEPUTY SHERIFF APPOINTMENT THAT NEEDS APPROVAL, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED APPOINTMENT OF DEPUTY SHERIFF ROLAND B. MILLER. 56 0 m3m • 7N Y 'TO THE HONORABLE BOARD OF•COMMISSIONERS Olt L\'DIAN RMR COUNTY, FLL., ' I herewith appoint ROLAND B. MILLER , 'o! Town Of~Tndi »ii SbazzS a Deputy Sheriff of Indian River County+ Florida to act under meas Sheriff of said County. The nacre and number. of the voting precinct of said Doputy. is Shbres Town 3' Sheriff, Indian .River Co , Fl da STATE OF FLORIDA ' ` COUNTY OF INDIA" RIVER • j� 11 ROLA.ND B. MILLED do kolemnly swear that I Will support, protect and defend the Con- stitution and Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State; and that I will wolf and faithfully perform the duties of Deputy Sheriff of Indian River County, ` Florida, in which I am nota about to enter. So help me God. :N , SUBSCRIBED AND SWORN TO BEFORt: ME •• ; , '. AT VERO BEACH, .INDIAN RIVER COUNTY FLORIDA, THIS9th DAY OF February ss,6rJ.Zo PI. .+' �9'd..a+�•rya.zaresde.ra�v'+rsr tary•I'ublio N ' •� ; .. . iNotary F.ublic, State of Florida at l.arn, , My commission, expires Jul¢ 31; 1978 - _ r •r r o r r r.r -r •r r.r r.r r r r r r r r r r r r• FRED WITH AM THIS 9_DAY OF bruary 1977 � Clerk, Circuit Court, Indian Rig r County, Florida ' . • :•:w •r •r .r r. Y•Y r•r i.•r•.r r M r•Y Y �w,f•Y Y.r Y • ' :t Filed With the Board of County C0=21 sionera of Indian River County, Florida, thi 9th day of _ February J, i Chairman, $Gard of County Commi onora ,. ATTESTo Clerk FEB 91977 Urn p1 ?g ,�, 409 ATTORNEY COLLINS REPORTED THAT SOME ACTION IS NEEDED WITH REGARD TO CONTRIBUTING $15,000 TOWARDS THE CONSTRUCTION OF A FIRE TRAINING TOWER AS AGREED UPON AT BUDGET TIME AND WITH REGARD TO LEASING AN UNDETERMINED PIECE OF PROPERTY ON WHICH THE TOWER IS TO BE LOCATED FOR $1.00 A YEAR, CHAIRMAN WODTKE NOTED THAT THE AMOUNT OF $15,000 HAS BEEN BUD- GETED FOR THIS PURPOSE AS AGREED UPON, BUT THE CITY FIRE CHIEF NEEDS SOME DOCUMENTATION TO BE ABLE TO PROCEED WITH CONSTRUCTION. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO PREPARE THE NECES- SARY DOCUMENTS WITH REGARD TO THE CONSTRUCTION OF A FIRE TRAINING TOWER FOR AN AMOUNT UP TO $15,000 AND WITH REGARD TO A LEASE OF THE PROPERTY AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. THESE DOCUMENTS WILL BE MADE A PART OF THE MINUTES WHEN RECEIVED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER $CHMUCKER, THE BOARD UNANIMOUSLY GRANTED RETRO -ACTIVE APPROVAL OF OUT -OF - COUNTY TRAVEL FOR COMMISSIONER LOY TO GO TO WASHINGTON, D.C., FEBRUARY a - 10, 1977, TO PURSHE THE OBTAINING OF THE TRACKING STATION PROPERTY FOR THE COUNTY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER $CHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 77-14 APPOINTING VERO BEACH CITY COUNCILMAN, GORDON FAGERLUND, MUNICIPAL ALTERNATE TO THE TREASURE COAST REGIONAL PLANNING COUNCIL. THE RESOLUTION WILL BE MADE A PART OF THE MINUTES WHEN RECEIVED. r FEB 91977 n�:t � 410 RESOLUTION NO. 77-14 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that GORDON FAGERLUND is appointed Municipal Alternate to the Treasure Coast Regional Planning Council. This Resolution shall become effectiv-- as of the 9th day op February , 1977. BOARD OF COUNTY COMMISSIONERS OF INTDIAN RIVER COUNTY, FLORIDA William C. Wodtke, Jr.,!/Chairman Attest: Clerk FEB 91977 KID ?� ��� THE HOUR OF 3:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of re 3,.� n �' 1 a—`h.^'' '±M_ C n Q -th .,lei C!/cyrt ,n e2 In the Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. _ Sworn to and subscribed before me this y of A.D.19 22 r (Buss Manager) (Clerk of the Circuit Court, India Iver County, Florida) (SEAL) BEFORE THE BOARD OF COUNTY COMMISSIONERS OF. INDIAN RIVER COUNTY In Re: Application of Rural Sanitation Service, Incorporated, for authority to Increase its rates forgarbage service inthe unincorporated area of Indian River County. NOTICE OF HEARiNG The Board of County Commissioners of In- dian River County will hold a hearing on February 9 at 3 p.m. in Its hearing room in the Indian River County Courthouse, Vero Beach, Florida, on the application of Rural Sanitation Service, incorporated, for authority to make effective the following garbage service rate Increase Present Rate $3.25 per month Proposed Rate 4.25 per month NOTE: No rate Increase is anticipated for Commercial accounts at this time. . Board of County Commissioners of Indian River County, Florida By: William Wodtke, Chairman Jan. 9, 12, 1977. ATTORNEY COLLINS NOTED THAT THIS AD IS TECHNICALLY INCORRECT AS WAS THE ONE FOR INDIAN RIVER SANITATION IN THAT IT STATES THE DAY OF THE MONTH THE HEARING WILL BE HELD, BUT NOT THE YEAR, BUT MR. FRYER HAS CERTI— FIED THAT HIS CUSTOMERS HAVE BEEN NOTIFIED OF THE HEARING, AND THE BOARD MAY PROCEED. ROBERT FRYER, OWNER OF RURAL SANITATION SERIVCE, APPEARED STATING THAT HE IS REQUESTING A $1.00 A MONTH INCREASE FOR HIS ROUGHLY 2,000 CUS— TOMERS AND NOTED THAT HE HAS SUPPLIED THE BOARD WITH FIGURES TO SUBSTANTIATE THIS INCREASE. MR. FRYER INFORMED THE BOARD THAT HIS PROFITS HAVE DECLINED 59 FEB 91977 p flcG� 28 .412 I r STEADILY IN THE LAST SEVERAL YEARS, AND HE DOES NOT WANT THEM TO GET DOWN TO.A BREAK-EVEN POINT WHERE HE WILL NOT BE ABLE TO ORDER THE NEW TRUCKS HE BADLY NEEDS, THE COST OF WHICH HAS INCREASED ALMOST 60%. COMMISSIONER SIEBERT ASKED WHETHER IT WOULD BE A PROBLEM TO HAVE TWO RATES - ONE FOR BACK DOOR PICK-UP AND ONE FOR CURBSIDE. MR. FRYER STATED THAT IT WOULD BE A BOOKKEEPING PROBLEM AS WELL AS A LABOR PROBLEM. HE NOTED THAT ABOUT 50% OF HIS PICK UP IS CURBSIDE, BUT IF SOMEONE CAN T BRING IT OUT, THEY WILL PICK IT UP REGARDLESS, CHAIRMAN WODTKE INQUIRED ABOUT LABOR COSTS, AND hR. FRYER COULD NOT GIVE EXACT FIGURES, BUT NOTED THAT IF THEY DIDNIT HAVE ANY CURBSIDE SERVICE, HE WOULD HAVE TO HAVE AT LEAST TWO MORE MEN AND POINTED OUT THAT THERE IS A TREMENDOUS DIFFERENCE IN THE TIME FACTOR AS WITH CURBSIDE SERV- ICE, YOU CAN PICK UP ABOUT TWICE AS MUCH IN A DAY, GEORGE MCKENNA, OF THE ADMINISTRATORS STAFF, STATED THAT HE FELT THE QUESTION OF RATES FOR RURAL SANITATION IS QUITE DIFFERENT THAN FOR INDIAN RIVER SANITATION AS THEY HAVE BEEN IN BUSINESS 18 YEARS, THEY HAVE A GREAT MANY CUSTOMERS, AND HAVE SHOWN A GOOD PROFIT OVER THE YEARS. HE ASKED HOW THEY ARRIVED AT THE INCREASE OF $1.00 PER MON"T"H PER CUSTOMER, WHICH HE POINTED OUT WOULD MEAN AN INCREASE OF $2,000 PER MONTH. HE NOTED THAT THEY HAVE ASSETS OF ROUGHLY $200,000, AND AT 10% THAT WOULD ONLY JUS- TIFY A $20,000 RETURN. HE FELT THE REQUESTED INCREASE WOULD GENERATE MORE PROFIT THAN IS REQUIRED. MR, FRYER POINTED OUT THAT AMONG OTHER THINGS, HIS LABOR FORCE HAS NOT HAD A RAISE IN TWO YEARS, AND ALSO CONTAINERS MUST BE REPLACED, THE PRICE OF WHICH HAS INCREASED OVER 40% AND WILL, NO DOUBT, CONTINUE TO RISE. DISCUSSION CONTINUED IN REGARD TO THE FIGURES PRESENTED BY MR, FRYER. CHAIRMAN WODTKE INFORMED THE BOARD THAT HE HAS RECEIVED COMMUNI- CATIONS IN FAVOR OF THIS RATE INCREASE FROM WALTER BUCKINGHAM, A.E.ROWE, AND RUDY HUBBARD AND FROM NORMAN MILLER, JR., AND HARRY FROSCENO OPPOSING IT. THEY ARE HEREBY MADE A PART OF THE MINUTES. 60 FEB 91977 4 13 I M "Seek 1 e Tint the Kindom of God" . . . Matt. 6 : 33 The Walter S. Buckinghains Trail 1 n3370 CN Buckinghammock l Vero Beach, Florida 32960 rCOM101ISSIM-RS' EB 1 7 1-0January 31, 1977 CE 1- iRD COU'aY�;j ''/ The Board of County Commissioners Indian River County Courthouse 'r Vero Beach, rlorida 32960 Dear Commissioners: The Buckinghems are clients of Rural Sanitation Service, Inc. You are having a hearing on February 9 for the purpose of hearing their regt.)st for raising rates from $3.25 to $4.25 per month. The service rendered by Rural Sanitation Service, Inc. has been entirely satisfactory and we think they are entitled to the raise in the rates. Very truly yours, Walter S. Buckingham WSB:jmb NOTICE OF PUBLIC HEARING Rural Sanitation Service, Inc. has been granted a hearing before the Board of County Commissioners for the purpose of increasing reside-nttiial garbage rates from $3.25 to $4.25 per month. gate c'f Hearing is February 9, 1977, at 3:00 p.m., Indian River County Courthouse. �� 7�J1 n N; Thank you, /y R. J. Fryer $COQ. 414 I L— I RUDY HUBBARD TBLEPHONC 305 • 562.5451 - FEBRUARY 4, 1977 M 1520 • 20TH STREET VERO BEACH. FLORIDA 32880 BOARD OF COUNTY COMMISSION INDIAN MER COUNTY i •:,t ;�:: VERO BEACH, FLORIDA 32960 C=) eF - .- Re: Rural Sanitation Service Inc." Eh1�'Ct�Eit� C - Public Hearing - �`'�'�' 7`�lms Dear Commissioners; I am a subscriber to the services of the cap�ion and have found that their services are more than satisfactory In every way. This is an unsolicited letter and I recommend approval of increased rates for Rural Sanitation to $4.25 per month, Sincerely, dy Hubbard : Rural nitation Services, Inc. INSURANCE NORMAN MILLLR, JR., Di.ririct Mgr. P. 0. Bos 19.16 Bus: 567-2393 Rust l 567--t5.',39 \'Eno BFACH, FLA. 39-960 Februb 6 ry , 1(1`771 —" It's our business to protect yours. Indian River County Conaniss..cners Vero Beach, Florida Re: Rearing for Rural Sanitation Service Inc. Dear Corut;issioners: A 31% increase in garbage r^tQ^ is e,":'essi=re. A 31�- - incressp in £fir of our cit,-zens cost of living expenses is excessive. A1ternati,res such ac rodkcir:'r', pick ups to once a week a-ld also reducing the njonthly .rate should n an option offered ::y Rural Sanitation. Additionally, early morning pick ups deserve your consider- ation. Rural Sanitation begins resieentiel pick ups st ap-rox- imately 5:00 A. 1`1. The noise of their truck, the conp.^cting of the garbage, the clanging of the garbage cans, and the awak©ning of all the barking dogs at such an early time is an intolerable nuisance. The other, garbage service company in our coremunity restricts residential pick ups to P. starting time of 7:00 A. 14. I plead with you to consider enforcement of a more reasonable starting time for garbage rick up in our rpsidential areas Sincere? l.ormtln ;•fill@x ..i . FEB 91977 Doak8 415 I LL616 933 .11 . R,��� Allmaj oaroa L LL LU o3i a-70097 .ZZ 4e;f �� THE CHAIRMAN ASKED IF ANYONE WISHED TO BE HEARD. HENRY POSADA FROM THE SOUTH END OF THE COUNTY STATED THAT RURAL SANITATION IS PERFORMING A VALUABLE AND NEEDED SERVICE, AND HE IS IN FAVOR OF THE INCREASE. .JOSEPH BLAKE OF 300 14TH PLACE STATED THAT ON TUESDAYS ROCKRIDGE LOOKS LIKE A DUMP AS IT IS REQUIRED TO BRING THE GARBAGE OUT TO CURBSIDE, AND HE DOES NOT FEEL OLDER PEOPLE SHOULD BE REQUIRED TO LUG GARBAGE OUT TO THE CURB OR HAVE TO HIRE SOMEONE TO DO IT FOR THEM, CHAIRMAN WODTKE POINTED OUT THAT IF THESE PEOPLE ARE UNHAPPY WITH THE SERVICE THEY RECEIVE, THEY CAN CHANGE COMPANIES. ROBERT MCFARLAND OF 4206 12TH STREET STATED THAT RURAL SANITATION SUPPLIES THE BEST TRASH PICK UP HE HAS EVER HAD, AND HE FEELS THE INCREASE IS FULLY JUSTIFIED. CURTIS DAVIDEIT OF 2155 79TH COURT SUGGESTED THAT ONE PICK UP A WEEK WOULD BE SUFFICIENT FOR SMALL FAMILIES AND COULD CUT COSTS, JOE ASHTON OF 555 20TH COURT SAID HE FEELS SOME INCREASE IS CALLED FOR, BUT FEELS 31% IS EXCESSIVE. REED KNIGHT STATED HE FELT THAT A 12% RETURN ON THE INVESTMENT DOLLAR IS A MORE NORMAL FIGURE THAN THE 10% USED BY GEORGE MCKENNA AND NOTED WE ARE LOOKING AT AN INFLATION FIGURE OF ABOUT 7% TO 8%, AS TO THE 31% INCREASE, HE NOTED THAT RURAL SANITATION'S LAST INCREASE WAS IN 1973 AND POINTED OUT THAT THE COST OF HEAVY EQUIPMENT HAS INCREASED CONSIDERABLY MORE THAN THE INFLATION RATE SO HE DOES NOT FEEL RURAL'S REQUESTED RATE INCREASE IS EXCESSIVE. PAT MEZZINA OF VERO SHORES STATED THAT SHE DOES NOT OBJECT TO THE DOLLAR INCREASE, BUT FEELS THE SERVICE SHOULD BE IMPROVED. MARY TURNER OF 2445 54TH AVENUE DISCUSSED BURYING GARBAGE CANS IN THE GROUND SO THEY DO NOT GET KNOCKED OVER, AND THE ADMINISTRATOR NOTED THIS CAN BE DONE, BUT SOMETIMES THE CANS FILL UP WITH WATER, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC -HEARING, COMMISSIONER SCHMUCKER STATED HE FELT WE MUST CONSIDER THAT THE RATES ARE GOING TO HAVE TO INCREASE BECAUSE OF THE NEW LANDFILL. CHAIRMAN WODTKE STATED THAT HE IS ALSO CONCERNED ABOUT THIS 64 Up C0 ;�', 417 ASPECT AND WOULD BE RECEPTIVE TO A PARTIAL INCREASE NOW AND THEN REVIEW THE MATTER WHEN THE NEW LANDFILL IS IN OPERATION, COMMISSIONER SCHMUCKER STATED HE FEELS IF THEY GET THE DOLLAR INCREASE NOW, THEY MIGHT NOT HAVE TO ASK FOR ANOTHER INCREASE SO SOON, DISTANCES, DISCUSSION CONTINUED IN REGARD TO LANDFILL FEES AND HAULING COMMISSIONER SIEBERT STATED THAT HE FEELS THE INCREASE TO $4,25 HAS BEEN JUSTIFIED AND WHEN IT COMES TO THE NEXT INCREASE, THAT IT WOULD CONFUSE THE ISSUE A LOT LESS IF IT IS BASED SOLELY ON AN INCREASE DUE TO OPERATION OF THE NEW LANDFILL. COMMISSIONER DEESON AGREED THAT THE INCREASE IS JUSTIFIED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, CHAIRMAN WODTKE VOTED IN OPPOSITION, THE BOARD GRANTED THE IN- CREASE AS REQUESTED BY INDIAN RIVER SANITATION SERVICE TO BECOME EFFECTIVE MARCH 1, 1977. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, CHAIRMAN WODTKE VOTED IN OPPOSITION, THE BOARD GRANTED THE IN- CREASE AS REQUESTED BY RURAL SANITATION SERVICE TO BECOME EFFECTIVE MARCH 1, 1977. RESOLUTIONS IN REGARD TO THESE INCREASES WILL BE MADE A PART OF THE MINUTES WHEN PREPARED, RECEIVED AND APPROVED, ADMINISTRATOR JENNINGS DISCUSSED WITH THE BOARD TRANSFER OF SECONDARY ROAD MAINTENANCE FROM THE DOT TO THE COUNTY. HE INFORMED THE BOARD THAT FOR 1975-76 WE RECEIVED $378,879.08 IN SECONDARY ROAD FUNDS, AND DURING THAT TIME WERE BILLED $171,677.30 BY THE DOT FOR SECONDARY ROAD MAINTENANCE. HE CONTINUED THAT THE DOT ESTIMATES INDIAN RIVER COUNTY WILL NEED $137,000 IN EQUIPMENT TO HANDLE THIS.MAINTENANCE, PLUS WAGES FOR EXTRA PERSONNEL OF ABOUT $134,388 ANNUALLY. THE ADMINISTRATOR CONTINUED THAT HE FELT WE COULD PROBABLY DO THE JOB FOR LESS THAN THE DOT CAN BY WORKING IT IN WITH OTHER PROJECTS, AND NOTED THAT ALTHOUGH WE NEED THE EQUIPMENT THEY RECOMMEND, WE DO NOT NEED IT ALL AT ONE TIME. DISCUSSION FOLLOWED, AND IT WAS NOTED THAT UNDER THE OLD DOT POLICY, THEY SUBTRACTED FROM THE SECONDARY ROAD FUNDS THE AMOUNT DUE THEM FOR MAINTENANCE AND THEN SENT THE COUNTY THE REMAINDER, BUT NOW THE COUNTY RECEIVES THE FUNDS DIRECTLY AND THE DOT BILLS US EACH MONTH FOR THEIR SERVICES, 0 FEB 91977 L_ Loi: Book ?8 418 INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT EVERY YEAR WE HAVE SHOWN A SURPLUS OVER THE AMOUNT BILLED US BY THE DOT, AND HE FEELS WE CAN HANDLE THE JOB EVEN MORE CHEAPLY, ADMINISTRATOR JENNINGS RECOMMENDED THAT THIS MATTER BE GIVEN SERIOUS CONSIDERATION WHETHER IT IS DONE THIS YEAR OR NOT AS HE BELIEVES THE COUNTY HAS GROWN TO THE POINT WHERE WE SHOULD EXPAND THE ROAD AND BRIDGES DEPARTMENT AND TAKE OVER THIS WORK. CHAIRMAN WODTKE STATED THAT HE WOULD LIKE TO WAIT UNTIL AT LEAST OCTOBER, 1977, BEFORE CONSIDERING THIS AS WE HAVE SO MUCH GOING ON WITH THE NEW SANITARY LANDFILL. THE BOARD AGREED. COMMISSIONER SIEBERT ASKED IF TAKING OVER THIS MAINTENANCE WOULD ELIMINATE OUR BEING ABLE TO HAVE A DEBIT BALANCE WITH THE DOT; I.E., WHETHER WE CAN CONTINUE TO BORROW FROM THE STATE ON THE NEXT YEARS SECON- DARY ROAD FUNDS IF THEY ARE ALL TURNED OVER TO US, THE ADMINISTRATOR SUGGESTED THAT HE AND COMMISSIONER SIEBERT GO TO FORT LAUDERDALE TO DISCUSS THIS MATTER WITH THE DOT, AND THE BOARD AGREED. ADMINISTRATOR JENNINGS DISCUSSED WITH THE BOARD THE PROPOSAL SUBMITTED BY SHERIFF ,JOYCE FOR "BLACK -TOPPING" THE ADDITIONAL PARKING AREA AT THE COUNTY .JAIL, WHICH WAS ESTIMATED AT A COST OF $1,200 AND NOTED THAT THE RELEASE STILL HAS NOT BEEN OBTAINED FROM ST. FRANCIS MANOR INVOLVING PART OF THIS PROPERTY. HE FELT THE BLACK -TOPPING COULD BE HANDLED BY THE ROAD AND BRIDGE DEPARTMENT. CHAIRMAN WODTKE INSTRUCTED THE ADMINISTRATOR TO CHECK THE AREA THE SHERIFF IS TALKING ABOUT, THE CHAIRMAN NOTED THE SHERIFF'S PROPOSAL ALSO CALLS FOR REPAIRING LEAKS ON THE ROOF OF THE JAIL, PAINTING AND RE- PAIRING OF CRACKS, AND REPLACING A DOOR, WHICH HE FELT ARE ALL MAINTENANCE ITEMS. ADMINISTRATOR JENNINGS ASKED IF THE COST OF THE PAVING IS WITHIN THE SHERIFF'S ESTIMATE AND THERE IS ENOUGH MONEY IN THE BUDGET, CAN WE PROCEED WITH THE PAVING. COMMISSIONER SIEBERT STATED THAT HE FELT WE MUST TAKE CARE OF THE JAIL, BUT THE PAVING IS NOT A MAINTENANCE ITEM BUT A CAPITAL IMPROVE- MENT, AND IF THERE IS NOT ENOUGH MONEY FOR THIS IN THE SHERIFF'S BUDGET, IT SHOULD BE BROUGHT BACK TO THE BOARD. THE BOARD AGREED. FEB 91977 L_ ,• • Hot ?8 .t . 419 m 0 LA ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAS RECEIVED FROM THE DOT A TRIPARTITE AGREEMENT BETWEEN DOT, THE FEC AND THE COUNTY FOR THE INSTALLATION OF CROSSING GATES AT SOUTH VINTER BEACH ROAD, AND THE COUNTY IS TO PAY 10%, OR $1,855,60, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED RESOLUTION N0, 77-17 AND AUTHORIZED THE CHAIRMAN TO SIGN THE TRIPARTITE AGREEMENT WITH DOT AND THE FE' RE A CROSSING AT SOUTH WINTER BEACH ROAD. 67 FEB 91977 eaok ?8 ! ".. 420 E-1 s Florida ;;,�� . Department of 'Transportation �b c•'I REUBIN O'D. ASKEW TOM WEBB, JR. GOVERNOR SECRETARY 1(? Division of Road Operations 780 S.W. 24th Street ,;' FEB 1977 1 • Ft. Lauderdale, Fla. 33315 -- �,� ;, Adm'taistruiar's p�fiice February 2, 1977 Mr. Jack G. Jennings County Administrator`' Indian River County Courthouse - Room 115 Vero Beach, Fla. 32960 RE: Section 88590-6901, State Road S-632 (S. Winter Bch. Rd.) Indian River County, Parcel 23 (R/W 2150) Crossing'Number: 272173-P; FEC M.P.: 222.32 FAP Nig~ber: RRP-OOOS(19) Dear Mr. Jennings: Pursuant to our previous telephone conversations concerning the above mentioned railroad signal project, I am pleased to transmit the attached Tripartite Agreement for the installation of gates at your South Winter Beach Road. Please note that the County's share of the cost of installation is $1,855.60.00% of the total estimate) Your Commission's prompt execution and return of the attached Agreements and Resolutions will enable us to authorize the Florida East Coast Railway Company to proceed with the procurement of material and installation. If you have any questions, please feel free to contact me,. JD: dg Encl s. ours, is lroad-Coordinator cc: Mr. G. S. Burleson, Sr., Assistant State Utility Engineer (RRs) Mr. John Grci st, District ITMS Manager Beck 28 421 ronM 722.72 STATIC: OF M01460A VCI1A14TMCN NtW0fITAT1ON • 9-14 OWMION 01' ICOAU Oi•L'IIATION!J PAoe r OF I COUNTY I'll CSOLUTIOU r 1 GRADE CROSSING IJI;UTECTIVE DEVICES AND, • i FUTURE FiESPONSICILiTY COUNTY (;CCTION UTILITY JOB NO. 6TA'i C itOAO NO. COUNTY NAMtC "AtICCL & rt/W JOil NO. F A P NO. 88 590 6901 5-632 Indian Rive 23 (2510) RRP-OOOS(19) A KESULUTiON AUTHORIZING 1:\1?C1111UN OF A RAILi OM) REAM11URSE111:M AGRI-I'EME.NT FOR THE' INSTALLATION OF GRADE CROSSIN(; 1'Itt)TE:("I'11'I;1)i;1 IC1.:5,:11U I 1iTl'111:11:11\'1'I:\:1N(:1::1\U,11.)JUS'1'- AlENT OF SAM DEICES; 1'P,.OVIUINC FOR. THE 1:U'l;NI)17'Llltl? UI' FUNDS; ANI) 1'RU1'IDING 1111L''NI THIS M- 'O1,UTIUN.S11M.L TAKE EFFE.U. RESOLUTION NO. -13--1-7 ON MOTION OF Commissioner Schmucker , seconded by Commissioner Deeson , file following I-LESOLUTION was adopted: . r . WHEREAS, the State of Florida I)cpartnicnt of Transportation is constructing, roconstructino or otherwise changin; a portion of the'State Highway System, between SR 5A and FEC RY , which shall call for the installation and rnaiutenance of railroad grade crossing protective devices for railroad trade crossings over or near said highway, NOW, TIIF.REFOIIE, 133EIT RE$OLVM.BY TIIE COUNTY CO\IAIISSION OF .Indian River COUNTY, FLORIDA: That Indian River County enter into a RAILROAD RVEEN111URSE\IENT AGI{.I;,E- MENT «'ith (lie Rate of Florida I)cpartment of Transportation and the FEC RY Company for the installation and maintenance of certain grade crossing protective devices desi;,niated as Job No. 88590.46901 on S-632 Which crosses the right of ivay and tracks of the Company at a point 1,704 feet south from the Company's Mile Post 222 at or near Vero Beach � ,Florida; and, That the County agrees to participate in the cost of installatiorr as enumerated in Paragraph 14 and assume it's share in the cost -of future maintenance and adjust- ment of said grade crossing protective devices as designated in Paragraph 10 of the RAILROAD REIMBURSEIIENVACREE1 IT; and, That fire Chairman and Clerk of the Board of County Commissioners be authorized to enter into such agreements with the State of Florida Department of Transportation and the Indian River Company as herein describcd; and, . That this RMOIXTION shall take effect ininiediate:ly upon adoption. INTROi)UCI D ANI) PjkSSED by the I;oard of Counly Commissioners of Indian River_ County, Florida, in re-Ular session, this 9th day of February 9197 7 e (.ttainn:ut of the ltoanl of County (;oll ;t"lo:nsa Clerk of Vic hoard of t:ounty Doul »' sioncRl 111 0 FORM 7E2-32 e,7. 'PACG t OF 5 STATE OF FLORIDA OCPARTIAI'?IP OF TRANSPORTATION PIVILION Of RCIAU OPI'11AT10N8 , ,RAILROAD REIP:9RURSE EENT AGREEMENT GRADE CROSSING PROTECTIVE DEVICES' ' SUPPLEMENTAL AGREEMENT NO. COUNTY SCCTION UTILITY JOO NO, NATE ROAD NO.COUNTY NAME PARCEL tr RIWJOO NO. FAP NO. 88 590 6901 S-632 �ndian River 23 (2510) �RP-000S(V THIS AGREEMENT, made and entered into this day of , 197_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the DEPARTMENT, and FLORIDA FAST.00 ASTRAiI WAY COMPANY , a corporation 'organized and existing under the laws of Florida with its principal place of business in the City of St. Augustine County of St .Johns •, State of Florida , hereinafter called the COMPANY; and Indian_Riyar County, a political subdivision of the State of Florida, acting - y and through its Board of County Commissioners, hereinafter called the COUNTY. WITNESSETH: WHEREAS, the DEPARTMENT is improving, reconstructing or otheruisc changing a portion of the State highway System, designated by the DEPARTMENT as Job No.88590-6901 on Road _ No s b32 , between SR -5A and FEC RY , which crosses at grade ' the right of gray and track(s) of the COMPANY at a point 1,704 feet south from the COMPANY'S Mile Post 222 , at or near Vero Beach , Florida as shown i on DEPARTMENT'S Plan Sheet No. 1 attached hereto as a part hereof, 1 AND WHEREAS, the DEPARTMENT and the COMPANY have heretofore on the 3rd day of December ,19X-65, entered into a RAILROAD REBIBURSEMEYT AGREEMENT for furnishing necessary materials and installing automatic grade crossing signals and/or other protective devices at said railroad grade crossing. NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties hereto agree as follows: 1. The COMPANY shall furnish the necessary materials and install automatic grade crossing signals and/or other protective devices at said location on an actual cost basis, and in accordance with the DEPARTMENT'S Plans and Standard Index Number 1467 attached hereto and by reference made a part hereof. 2. The COMPANY hereby agrees to install and/or adjust the necessary parts of its facilities , along said road in accordance with the provisions set forth in the: .-4a) DEPARTMENT Procedure No. 132-046 "Reimbursement for Utility and Railroad Relocation," dated October 1, 1973, and Rulc'014-46.02 "Responsibility for the Cost of Railroad/Ilighway Crossings," Florida Administrative Code, dated February 3, 1971, -•-3., 4b) Federal Highway Administration "Policy and Procedure Memorandum 30-3," Transmittal 218, dated October 26, 1971, and Federal Highway Administration "Policy and Procedure Memorandum 21-10," dated -October 3, 1958, 1 1 r �8 ���� • FEB 91977 ea423 ' FORM 922-39 • ' ' PAGE 2 GF 8 and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof. The COMPANY further agrees to do all of such work with its own force's or by a contractor paid under a contract Iet by the COMPANY, all under the supervision and approval of the DEPARTMENT and the Federal Highway Administration, when applicable. 3. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it in the installation and/or adjustment of said facilities, in accordance with the provisions of the above indicated Reimbursement Policy, and any supplements thereto or revisions thereof. It is understood and agreed by and between the parties hereto that preliminary engineering costs not incorporated within this agreement shall not be subject to payment by the DEPARTMENT. r _4. Attached hereto, and by this reference made a part hereof, are plans and specifications of the work to be performed by the COMPANY pursuant to the terms hereof, and an estimate of the cost thereof in the amount of $ 18,556. 00 . All work performed by the COMPANY pursuant hereto, shall be performed according to these plans and specifications as approved by the DEPARTMENT; the Federal Highway Administration, if federal aid participating; and all subsequent plan changes shall likewise be approved by the DEPARTMENT and, when applicable, the Federal Highway Administration. 5. The installation and/or adjustment of the COMPANY'S facility as planned (-will not) involve additional work over and above the minimum reimbursable requirements of the DEPARTMENT. (If upgrading and/or nonreimbursable work is involved at the option of the COMPANY, then credit against the cost of the project is required and will be governed by the method checked an�l described hereafter): _ r____(a) .__% will be applied to the final billing of work actually accomplished to ' determine required credit for (betterment) and/or (extended service life) and/or (nonreimbursable segments). __--(b) All work involving nonreimbursable segments will be performed by special COMPANY work or job order number apart and separate from the reimbursable portion of the ` work; such work or job order number to be . The COMPANY further agrees to clearly identify such additional work areas in the COMPANY'S plans and estimates for the total work covered by this Agreement. 6. All labor, services, materials and equipment furnished by the COMPANY in carrying out the work to be performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT. Separate records as to the costs of contract bid items and force account items perfomed for the COMPANY shall also be furnished by the COMPANY to the DEPARTMENT. 0 Beat 424 FORM 722-39 •� PAGE 3OF5 7. It is specifically agreed by and between the DEPARTMENT and the COMPANY that the DEPARTMENT shall receive fair and adequate credit for any salvage w uch shall accrue to the COMPANY as a result of the above installation and/or adjustment work. ` 8. It is further agreed that the cost of all installations and/or adjustments made during this installation work shall be borne by the COMPANY, subject only to the DEPARTMENT bearing such portion of this cost as represents the cost of installation and/or adjustment of the previously existing facility, less salvage credit as set forth in the immediately preceding paragraph. 9. Upon completion of the work the COMPANY shall, within one hundred twenty (120) days, furnish the DEPARTMENT with two (2) copies of its final and complete billing of all costs incurred in connection with the work performed hereunder, such statement to follow as closely as possible the order of the items contained it the estimate attached hereto. The totals for labor, overhead, travel expense, transportation, equipment, material and supplies, handling costs and other services shall be shown in such a manner as will permit ready comparison with the approved plans and estimates. Materials shall be itemized where they represent major components of cost in the relocation following the pattern set out in the approved estimate as closely as is possible. Salvage credits from recovered and replaced permanent and recovered temporary materials shall.be reported in said bills in relative position with the charge for the replacement or the original charge for temporary use. The final billing shall show the description and site of the Project; the date on which the first work was performed, or, if preliminary engineering or right-of-way items are involved, the date on which the earliest item of billed expense was incurred; the date on which the last work was performed or the last item of billed expense was incurred; and the location where the records and accounts billed can be audiicd. Adequate reference shall be made in the billing to the COMPANY'S records, accounts and other relevant documP^ts. All cost records and accounts shall be subject to audit by a representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the provisions of the above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. The DEPARTMENT shall retain ten per cent from any progress payment. 10. Upon installation of said protective devices, the expense thereof in keeping same in a good and safe condition will: immediately revert to the COUNTY and the COUNTY joins herein for the purpose hereof. _.._(b) be borne by the DEPARTMENT for a period not to exceed_ ' from the date of completion of the aforementioned project, but not to exceed the amount of E ock 425 FEB rs77 FORM 723-35 PAGE 4OFS fifty per cent (5076) of the cost enumerated by the Schedule of Annual Cost of Automatic highway Grade Crossing Protective Devices attached. hereto and by this reference made a part hereof. At the conclusion of said time period, such maintenance of the protective devices and expense thereof will be transferred to and assumed by the COUNTY and the COUNTY joins herein for the purpose hereof. The COUNTY agrees to notify the COMPANY in writing at least thirty (30) days prior to expiration of maintenance by the DEPARTMENT. IT BEING EXPRESSLY UNDERSTOOD AND AGREED that the COMPANY may, at its option and upon proper notification, perform such periodic maintenance work as required and bill either the DEPARTMENT or the COUNTY, whichever is applicable under the foregoing paragraph, for costs thus incurred. • r I1. After said automatic crossing signals and/or other protective devices have been installed and/or adjusted and found to be in satisfactory working order by the parties hereto, the same shall be immediately put into service, operated and maintained by the COMPANY so long as said COMPANY or their successors or assigns shall operate the automatic grade crossing signals and/or other protective devices, or until it is agreed between the parties hereto that the signals are no longer necessary at said grade crossing, or until the said crossing is abandoned, or other legal requirements made which shall cease operation and maintenance of signals thereat. The COMPANY agrees that any future relocation or adjustment of said protective devices shall be performed by the COMPANY with the DEPARTMENT or the COUNTY, whichever is applicable at the time as governed in Paragraph 10 above, responsible for such cost as specified at that future date. The COMPANY further agrees to assume full responsibility for the continued operation and maintenance of such devices once they are placed in service. 12. The COMPANY expressly agrees to indemnify and hold harmless the DEPARTMENT against each and every claim, demand or cause of actioni that may be made or come against the DEPARTMENT by reason of or any way arising out of any defect, imperfection, failure to repair, or failure to maintain, done, suffered, or permitted in or about such protective devices, and also every claim, demand or cause of action against said DEPARTMENT by reason of any liability that is or may be imposed on the DEPARTMENT under the laws of this State because of its participation in the cost of such maintenance governed in Paragraph 10 (b) above, on account of any such defect, imperfection, or failure to repair or maintain, done, suffered, or permitted in or about said crossing or crossing protective devices, or on account of any action or omission on the part of the COMPANY in or about the same. 13. . The COMPANY covenants to indemnify, defend, save harmless and exonerate the DEPARTMENT of and from all liability, claims and demands arising out of work undertaken by the COMPANY pursuant .to this agreement, due to the negligent actions, delay or omissions done or 4 ,. FEB 9 1977 mt ;°c, 1 • , d mt ;°c, commmitted by the COMPANY, its subcontractors, employees, agents or represen- tatives; excepting however, @,ny•loss•, damage or injury -arising out of or caused by the negligent actions, delays' or omissions done or committed by the DEPARTMENT,its subcontractors, employees, agents or representatives, which loss, damage or injury, shall be borne by the DEPARTMENT except as otherwise covered by bonds or insurance. 14. It is agreed between the parties hereto thaf.,the cost of installing automatic protective devices at said crossing be borne jointly between the COUNTY and the DEPARTMENT with the COUNTY responsible for ten per cent (10%) of the actual cost. The COUNTY upon execution of this agreement shall furnish to the DEPARTMENT as advance payment a negotiable voucher made payable to the DEPARTMEPI7 for ten per cent (10%) of the estimated cost contained in para- graph 4 above. Should zhe final cost be less than estimated cost, refund to the COU14TY shall be made. Should the final cost be greater than the amount previously paid by the COUNTY, the COU14TY shall, upon receipt of billing, pay to the DEPARTMENT the balance due pursuant to paragraph 9 hereof. ior to execut`.,;n by parties hereto. Paragraph 14 added pr IN WITNESS WHEREOF, the parties hPHeto have caused these present to "� 6e executed by their duly authorized officers, and their official sr±als hereto affixed, the day and year first above written. STATE OF FLORIDA WITNESSES: DEPARTMENT OF TRANSPORTATION Director of*Administration ATTEST: (SEAL) As to t RTMEP,T xecutive Secretary e D.P (COMPANY; FLORIDA EAST COAST RAILWAY .� BY: �� • - President 9S91 ATTEST: (SEAL) /Secretary INDIAN RVER COUNTY, FLORIDA IIIA OA COUNTY COMMI LONERS Tit e C airm n ...: (SEAL) ` �` _ ATTESTS 'M�h e Ks�o .ie COIiN Y C erk Approved as to Form Legality and Execution Examined and Approve3: Date STATE OF p I,ORIDA DI-TAILTMENT OF TRANSPORTATION 1tY: Division Engineer ' Assistant Attorney Federal lligi,way Administration n 1 FEB 91977 Book 28-A. FILE: 550 -MP 222+1704' ESTIMATED COST TO REPLACE EXISTING FLASHING LIGHT SIGNALS WITH FLASHING LIGHTS AND GATES AT SOUTH WINTER BEACH ROAD MP 222+1704' (D.O.T. No. 272173P) AS PROPOSED BY THE FLORIDA D.O.T. i i Flashing light and gate assemblies .........................$ 5,650.00 Foundations ................................................ 720.00 Changes to existing circuits ............................... 6,400.00 Battery .................................................... 500.00 Cable ...................................................... 350.00 Engineering & contingencies....................4........... 550.00 Labor................I........................ ..... • ,945.00 Supervision ...................................... 275.00 Gang expenses ..................................... I........ 760.00 Rental of trucks ........................................... 150.00 Rental of trencher ......................................... 350.00 Railroad retirement ........................................ 267.00 Freight & handling ......................................... 664.00 SUB TOTAL $18,581.00 Less salvage from retirement of existing flashing light - 25.00 TOTAL $18,556.00 FLORIDA EAST COAST RAILWAY COMPANY OFFICE OF SUPT. SIGNALS & COMMUN. ST. AUGUSTINE, FLORIDA 32084 DECEMBER 9, 1976 i FEB 91977 Bock 8 � 428 ADMINISTRATOR .JENNINGS RECOMMENDED TO THE BOARD THAT THE BID OF ARNOLD FORD SALES OF VERO BEACH ON A 1977 2 -DOOR SEDAN BE ACCEPTED. HE NOTED THAT THE BID OF THE SUNSHINE DODGE COMPANY OF MELBOURNE IS $2.29 LOWER, BUT FELT THE LOCAL BID WOULD BE PREFERABLE BECAUSE OF AVAILABILITY OF PARTS AND SERVICE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF ARNOLD FORD SALES FOR 1977 2 -DOOR FORD MAVERICK AS BEING THE BEST BID MEETING SPECIFICATIONS IN THE AMOUNT OF $4,294,02, AS RECOMMENDED BY THE ADMINISTRATOR. THE ADMINISTRATOR ALSO RECOMMENDED THAT THE BID OF MCLAIN IN- DUSTRIES ON THE TRUCK MOUNTED HOIST & HAUL UNIT, WHICH WAS THE ONLY ONE RECEIVED, BE ACCEPTED, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF MCLAIN INDUSTRIES FOR ONE TRUCK MOUNTED HOIST AND HAUL UNIT, AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF -$9,150,00. COMMISSIONER SIEBERT INFORMED THE BOARD THAT COMMISSIONER Loy HAD REQUESTED HIM TO HAVE ADDED TO TODAY Is AGENDA AN ITEM IN REGARD TO SPONSORING A GRANT THROUGH THE YMCA TO CONDUCT A SWIMMING PROGRAM FOR THE YOUNG PEOPLE IN THE COUNTY, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADDED TO TODAY'S AGENDA AS AN EMERGENCY ITEM CONSIDERATION OF AN APPLICATION FOR A GRANT FOR A SWIM PROGRAM DUE TO THE DEADLINE DATE OF FEBRUARY 15TH. TERRENCE MARR, DIRECTOR OF THE YMCA, APPEARED AND WENT OVER THE APPLICATION FOR THE GRANT WITH THE BOARD. HE EXPLAINED THAT THIS PROGRAM WOULD ENCOMPASS ALL THE SCHOOL CHILDREN IN THE COUNTY, AND THE MAIN THRUST OF THE PROGRAM IS NOT TO MAKE THEM PROFICIENT SWIMMERS, BUT TO ItDROWN- PROOF It THEM, MR. MARR STATED THEY WOULD LIKE TO RUN THE PROGRAM DURING THE SCHOOL YEAR AND HAVE THREE ONE-HOUR SESSIONS IN THE AFTERNOONS, MR. MARR CONTINUED THAT THE GRANT IS A STATE GRANT WHICH MUST BE MATCHED BY THE COUNTY, BUT HALF OF THE MATCH CAN BE 11IN-KIND,It THE GRANT TOTALS $11,400, AND THE COUNTY'S SHARE WOULD BE $5,700, OR $2,850 IN CASH AND $2,850 °IN-KIND, 11 HE NOTED THAT THE YMCA WOULD CONTRIBUTE THE POOL RENTAL AND THAT THE SCHOOL BUSES COULD TRANSPORT THE CHILDREN TO THE YMCA, BUT BECAUSE OF DOUBLE SESSIONS, PARENTS WOULD HAVE TO ARRANGE TO PICK THEM UP, 76 E� 91977 �e��$ g .N CHAIRMAN WODTKE SAID HE BELIEVED COMMISSIONER LOY FELT THIS PROGRAM WAS MAINLY MEANT FOR THE CHILDREN IN GRADES 1 THROUGH 7. HE THEN QUESTIONED THE FIGURES IN REGARD TO THE POVERTY LEVEL OF THOSE USING THE PROGRAM AND WONDERED IF THERE WOULD BE A PROBLEM IF ONLY 500 WERE UNDER THE POVERTY LEVEL INSTEAD OF 900. IONE HENRY, EXECUTIVE DIRECTOR OF THE ECONOMIC OPPORTUNITIES COUNCIL, STATED THAT THERE IS'AN ALLOWANCE FOR BELOW POVERTY LEVEL AND "NEAR POOR", AND SHE FELT THE 90% FIGURE COULD PRESENT A PROBLEM. DISCUSSION FOLLOWED, AND IT WAS AGREED THAT THE 90% FIGURE IS TOO HIGH AND 750 WOULD BE PREFERABLE IF ALLOWED. CHAIRMAN WODTKE ASKED MRS. HENRY TO CHECK THE SUGGESTED 750 FIGURE WITH THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES TO SEE IF THEY WOULD APPROVE IT. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBER--, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION TO THE DIVISION OF COMMUNITY SERV1l.ES IN REGARD TO A SWIM PROGRAM, WITH THE POVERTY LEVEL FIGURE OF 90% TO BE LOWERED TO 750, IF POSSIBLE, UPON CONFIRMATION OB- TAINED BY MRS. HENRY FROM THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. ON MOTION BY.COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No, 77-15 AUTHORIZING, THE CHAIRMAN TO SIGN THE AGREEMENT WITH THE DEPARTMENT OF COMMUNITY AFFAIRS IN REGARD TO THE GRANT FOR THE SWIM PROGRAM, 77 FEB 9 19 77 Boor 28 430 15. REsoi,u,r10N Of::r1�xrc No. 77-15 A RESOLUTION OF THE COUNCIL OF THE (CITY/ COUNTY), Indian River County _FLORIDA, AUTHORIZING AND Dlrt}C:'1'ING '1'fIP, (MAYOR/CffAIRI�3AN OF THE BOARD) Cha_i.rm_an,_Boa_rd of (o_=y Commissioners TO SIGN AN AGP.ELMI:N`i' W1TIi TTf1L STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE FLORIDA FINANCIAL ASSISTANCE FOR COMMUNITY SERVICES ACT. IT IS HEREBY RESOLVED BY THE CJ.TX/COUNTY OF Indian River ,OF Indian River COUNTY FLORIDA AS FOLLOWS: Section I. That the Mayor/Chairman is hereby author- ized and directed to sign in the name and on behalf of the City Commission or the Board of CountyCommissioners an Agreement between the Florida Department of Community Affairs and Indian River County under the Florida Financial Assistance name of city or county) for Community Services Act, as per copy attached hereto and made part hereof. Section II. That all funds necessary to meet the contract obligations of the city, or county and its delegate agencies (if applicable) with the Department have been appropriated and said funds are unexpended and unencumbered and are available for pay- .ment as prescribed in the contract. The city or county shall be responsible for the funds for the local share notwithstanding the fact that all or part of the local share is to be met or contri- buted by other source, i.e., contributionst other agencies or organization funds. PASSED AND ADOPTED THIS 9th DAY OF February ,1977 AppROVED : d,,J 11 pin x airman of o in, Commissions William C, Wodticer Jr ATTEST: Freda Wright, Clei:'lr' 3 Boos I 0 GRANT APPLICATION Page 1 of 7 (Typq and Complete ALL Items) Application for State Assistance through the Florida Financial Assistance for Community Services Act of 1974, "Demonstration and Research" Phase. ' (Community Services Trust Fund) DEPARTMENT OF COMMUNITY AFFAIRS DIVISION OF COMMUNITY SERVICES This application must be sub - 2571 EXECUTIVE CENTER CIRCLE EAST matted in triplicate 3 copies. TALLAHASSEE, FLORIDA 32301 Due Date: FEBRUARY 15, 1977' 1. Local Governmental Unit Applying for Grant: Name: Indian River County..Comtrission Telephone (305) 562-4186 Name of town, city or county Andress: Indian River County Courthouse, Vero Beach, Fla. 32960 ;,County: Indian fiver 2. Date Submitted: February 11, 1977 3. Official with over-all responsibility of grant: (Our Department will contact this person should questions arise in the application process): Name: Arlene S. Elmore Telephone (305) 562-4177 Address: 1316 20th St., P. 0. Box 2766, Vero Beach, Fla. 32960 Signature: Title Administrative Assistant 4. Due to new legislative requirements, all servi:.-s must be certified by the Department of Health and Rehabilitative Services (HRS) District Administrator as not being duplicative. In order to accomplish this requirement, all applicants must contact the District Administrator prior to development of program proposals. Therefore, complete the following: HRS person contacted: Ph 11•is Roe ..- (District Administrator) Telephone: (305) 683-6603 Contacted By: Arlene S. Elmore Date: February 11, 1977 Telephone: (305) 562-4177 5. Following the completion of the grant application, formal approval of the program proposal must be given by the HRS District.Administrator. Applications will not be accepted unless the following statement: is -- completed by the HRS Dirstrictr- .Administrai:or: I, the Regional HRS Administrator for ,R,egienDistrict IXC hereby certify one of the following statements of fact: 1. The particular services to be offered in the (signature) listed programs are not duplicative of HRS programs Although similar services may be available from IiRS we cannot; provide these particular services to these clients without the use of this money. 2.- HRS has made maximum use of federal funds for the sagIT, ture above listed program areas. 3. Funds for this Program are available from IIRS sJ7(j —na t t —ir 37Y and the applicant will be eligible for funding during Lhe current grant period. rhe applicant should contact- Mr./Ms. for furthor information. FEB 91977 i6ok 28 432 M M M GRANT APPLICATION Page 2 of 7 Local Governmental Unit Applying: Indian River County Commission name of town, city or county, etc. Answer these questions for each program. (Attach additional sheets if necessary.) 6. Explain why this program is needed. Since Indian River County is surrounded by water it is imperrative that low-income children of all ages be given basic swimming instruction. No such free program is available in the county. This program would insure upon graduation that the participant coup -1 swim without any aid or assistance. 7. Describe the financial status of persons to'be served by this program. How many persons will•.be served:. Duplicated? Unduplicated?_ g0 Persons to be served will be all school age children grades one through 12. The.majority of these children will.meet or be below federal porverty guidelines, We estimate this figure to be' approximately 80%. 8. How will this program be integrated with other programs serving the same type of persons? What other social service agencies will be contacted: The program will be held at the YMCA pool and facilities. The YMCA also, operates basketball, soccer, football, and other recreat- ional activities for low-imcome children during the year. It would also be in conjunction with the Economic Opportunities Council of Indian River County's.after-school Day Care Recreational Program. 9. Explain how recipients of public assistance will benefit from this program. Benifit will be received by giving low-income children basic swimm- ing skills. It will also give them outdoor recreational activity and physical exercise. FEB 91977 (Applications will not be processed unless ALL questions are answered in detail) 0 Q�ar :�A' � 4J3 1 1 GRANT APPLICATION Page 3 of 7 Local Governmental Unit Applying: Indian River County Commission Town, County or City 10. WORK PROGRAM - Plan of Operation .Use one s eet for each program Operation Learn to Swim Person Responsible:'Terrence A. Marr, Director Phone: (305)562-9036 Program Title: pCIQ Are there other State or Federal funds available for this program? No If so, please identify. Yes No 4 C Have you made an effort to secure funding from other State or Federal agencies?' If no, Why? Yes No 2. Program Objectives 3. Major Activities and Substeps 4. Planned Results Through Through Through Through 12/31/76 3131/77_ 6 30 77 9/30/77 C d t f' 2 week sessaons during April 400 500 To enable 900 low-income school age children to obtain basic swimming skills -free of charge. 1. on L", V_ May, and June to teach basic swimming skills. A. Classes would be one hour per day with 3 shifts per day. B. Certified swimming instructors.would be hired to teach the classes. -A GRANT APPLICATION Paqe 4 of 7 Name of Applicant:. Economic Opportunity Council Fiscal Officer Responsible for Grant: Name: Mrs V Z Evans . Address: P.O. Box 2766. Vero Beach, Florida 32960• Telephone: 305-562-4177 11. TOTAL BUDGET (Include figures from all programs operated) 1. PPVENUF. 1. State Grant_ _ _ _ _ _ _ _ $5,700.00 2. Cash f-atch (no federal funds. except -reyenue.shating, a IDwhd)-.. 2,850.00 3. In-Kinc� Match _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 2,850.00 �. TTOTAi,VENIJE----•m----_ 11,400.00 GRANTER ADMINI.STPATIVF. EXPENSE ; 5.• Salaries_____________________ _ 6. Rental Space_____________________ 7. Travel R. Sur)nlies 9. Uther Ts�ecifv_on attachment)_ _ _ _ _ _ _ _ _ _ _ 10. Total Tunes 5 through 9) DELEGATE ADMINISTRATIVE EXPENSE 11. Salaries _ _ _� ` _ _ '_ _' _ 600.00 12. _ _ _ Rental Soace_____________________ 1-3. Travel _ ______ ------____ - 14. Supplies------ 15. ----- ----- Other (s�ecify_on attachment] _ 16. - - - - - - - - - - -- Total Tlines 11 through 16) 17. _____________ TOTAL ADMINISTRATIVE COSTS* (Line 10 and Line 16) 60- GRANTEE PROGRAM EXPENSE 18. Salaries_• _ _ _ _ _ _ _ _ _ $_1,_17_5,_00_ I_nk_in_d 1,175.00 19. Rental Space _ _ _ _ _ _ _ _ _ - _ - - _ -------- 1,175.00 20. Travel _$500.00_Inkind Bus &enta_l_ - _ - - - - - _ 2,000 00 21. _ Equipment 22. _ _ Other (specify on attachment) _ 23. _ _ _ _ _ - _'- -Total Tlines_18 throuah 22) _ - _ - _ _ - _ _ _ 4,350.00 DELEGATE. PROGRAM EXPENSE 24. Salaries_ _ _ _ _ _ _ _ _ _ _ _ _ 3,100.00 • 25. _ _ Rental SnacP_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Inkiad _ _ 1.175.00 26. T.ravel------------- - - - - -- - 27. ---- Rqui�me»t _ _ _ _ 495.00_ 28. Other TsHecify_on attachment) _ ! _ _ _ _ _ Heat•_ _ _ 1. 6, 8Q, 00 29. Total (lines 24 through - - - - - - - - - - - - - - - 6.450.00 30. TOTAL PROGRAM EXPENSES (Line 23 and line 29) - - - - - - - - - - - - - - 10+ 800.00 31. TOTAL EXPENDITURES (1.ine-17 and line-30)- _ _ _ 11I[Q-(),QO :VOTE: 'DOTAL REVENUE MUST EQUAL TOTAL EXPENDITURES *May not exceed 153 of 2 times the state grant; i +• ' i ,, 'EXAMPLE: State Grantl'; -1,0,000 ` .F Cash Match •• ' In-Kind Match 1.0,000 TOTAL RFVt;NUL 25.000 435 FEB 91977 P 1 1 1 GRANT APPLICATION Page 5 of Local Governmental Unit Applying: Indian River County Commission Town, County, or City) 12. Cash and In -Kind Match . Cash Watch Source 1, County Commission 2. 3. 4. (Continue On Separate Sheet if Necessary) T I . In -Kind Match ' A. Salaries and Benefits Position Title and Name of Person 1. Supervisor 2, upervlsor 3, secretary oo eeper 4. (Continue On Separate Sheet if Necessary) Amount 1. 82'. 850.00 .2. - ,'3. 4. Total Cash Match $2,850.00 *This figure must equal the figure specified on lire 2*, page 4. B. Other In -:find Number of Hours Hourly Rate - To Be Worked Amount (Hourly rate (X) number of square feet) 1, Pool Rent 2.. YMCA 1. $7.50 ' hours to be worked) 1. $3.50 1. 150 �_ 1•. $525.00 2. 3.50 2. 150 2• 525.00 3. 2.50 3. _ 5 3. 125.00 4. '7 _ 4. 7 . 4. B. Other In -:find Unit Costs Number of Units (or cost pari (or number of Description _ Source square fent square feet) 1, Pool Rent 2.. YMCA 1. $7.50 .1. 150 2, 7Bus Rent 2. C oun y School Bd., 2 .. .2. 3.3. 3. 3. --- 4 . 4 4. 4. y 5, 5. 5• 6. .6. '7 _ 7. -- ---- 7 . . 7 . Amount (Unit cost (X) number of units) 1. $1,175.00 2. 500.00 3. 4. 5. 6. 7. *, Total In -Kind Match $9,R50,00 TOTAL MATCH PROVIDED *This figure must equal the figure specified on line 3, page 4. QQ LU GRANT APPLICATION Page 6 of 7 ,ocal governmental Unit Applying: Indian River CountV Commission town, cavity, or crty .CONTRACTUAL INFORMATION - Complete one for each Delegate Agency General. Name of. Deleaate Aaency: Vero Beech YMCA Address: 3705 16th Street, Vero Beach, Fla. 32960 Contact Person: Terrence D. Marr Telephone: ( )562-903 i or 562-9037 Tar. Exempt Numher: * 59-1321565 = Fed.�� '. 05-00162-00-41 =State # *If none, attach a copy of the certificate of incorporation " w DELEGATE AGENCY BUDGET FOR THIS PROGRAM ADMINISTRATIVE EXPPNSES 1. Salaries _ _ 1 Secretary- - - - - - - - - - - - - - $ 600.00 2. RentalSoace --- ------------ - - - - -- 3. Travel- ----------------------- 4. Supplies- -- ------------- 5. 0tner (sjecify_��n ^ttachI - - - - - - - - - - - - - — 600.00 6. *TO'? _,T (line s_ 1_throuah-5) _ _ _ _ _ _ _ _ _ _ _ _ _ _ PROrRAM EXPFNSFS 7. salaries 4_Instructors, 1 Maintenance, 1 Playground- - 3,100.00 8. Vontal-_Space_ __- - - - - ---- ------- 9. Travel - --------------- - 10. Equipment ----------- _ _-_ 11. Other ZspecifY-on attachment) - - - - 12. TOTAL TiTneS-7 throuah_1Y)- - - - - - - - - - _. - - - - - 13. TOTAL EXPF•NSES _(line -6-and-line 12) - - - - - - - - - 4, 195.00 *Mav not exceed 15% of line 13. THE ALL PULES, Ar ,PEGULATIONSAANDOVFS THIS CONTRACTSARELATING`,TIJER17TON AND ILL COMPLYpllLl'.S hppnnvFD Fav: Directors YMCA crit le) ATTrc'rrll��: (Title f E B 9 19 77 Sianatur.e) Sicinaturel �?8 437 i M GmNT A)'PLICATION Paye 6 of 7 lfinq• Indian River County Commission _ r— �al C;overnmental unit 'App )--�t��;in county or city ONTRACTttAL ION - Cornplet:e one for each Delegate Agency 4 eneral + :ame of. Delegate Acrency: Economic 0 ortunities Council ...,ddress: 1316 20th St. , P. 0. Box 2766, Vero Beach9_ Fla. 32960 t Derson: Arlene S. Elmore Contact _ Telephone: %5)'562-417 I Tax Exempt Number:* 06_h a copy of the certificate of incorporation' " If none, - DELEGATEAGENCY BUDCF.T FOR THIS PROGRAM ADMIN CSTRATIVE FXPFNSk:S 1. -------- Salaries___----- 2. Rental_Space_- 3.. Travel___ -=--- 9. 5 _ 0liC7 _(sRecif.Y7np_ 6_ * JTAL (lines_ 1_throuoh PROGRAM 3 XPFNGFS _ 7. Salaries- - - - - - --- - - - - - -.- - _ -P-0 0-1. - - _ _ $1,175.00 B. pental Space_ _ _ _ _ _ - - - - - r _ - _ - _ - 1' 500.00 9. Travel_ .- _ - 1p _ Fqui},ment - - - - _ geat 1�T80_ 00 1.1. Other TspecifY on attachment) _ _ - - - _ _ 4,i55.Q0__ 12. TOTAL 71_nes-7_throuah_1T)_ - - - 13. TOTAL EXPENS- ES -(line _6_and_line 12) *Mav not exceed 15% of line 13. A ND F. r:GA.TF: AM' -- }j :,Rx'.BY. APPROVE THE S THIS AR.F•LATINGOTI3F}21;TOILL COMPLY . THE 11 L • '•?IT}} ALL nt1LFS, p} Gt1LAT70NS 7011D CONTRACT. npPnnvFD Bv: Admin strati��e S3 cmaturc) ? � • . (:rule) .. • mmx;cTPA ?3Y: q ��ture .) tom. • 1 • 1 �. . ✓ . •i moi' .i:� .. �_. _ �: .. rt _ �ti•'.,i/ .. ;tib. �: � • ' '.tea., ear FEB 91977 8 : �. 438 FEB GlUkN`T' APPLIC 71TION Paye 7 of 7 Board of County Commissioners of Local Governmental Unit Applying: Indian River County, Florida 14. THE APPLICANT CERTIFIES THAT THE DATA IN TIiIS APPLICATION AND ITS VARIOUS SECTIONS INCLUDING BUDGET DATA, ARE TRUE AND CORRECT TO THE 13EST OF ITIS OR HER KNOWLEDGE AND THAT THE FILING OF THIS APPLICATION HAS BEEN DULY AUTHORIZED AND UNDERSTANDS THAT IT WILL BECOME PART OF THE CONTRACT BETWEEN THE DEPARTMENT AND THE APPLICANT. THE BOARD OF COUNTY COMMISSIONERS (OR THE CITY WHICH COUNCIL) HAS PASSED R1.;S0LUTION NUMBER 77-15 AUTHORIZES TEFF EXPFNDITURE OF FUIiDS FOR THE SPECIFIED PROGRAMS. IF FEES OR CONTRIBUTIONS ARE TO BE UTILIZED AS NIATCHING FOR THIS GRANT, OR IF A DELEGATE AGENCY. IS TO PROVIDE THE MATCHIAG SHAPE, A14D THESE FUNDS ARE NOT FORTHCOMING, THIS RESOLUTION ALSO SPECII'IES TIIAT THE CITY OR COUNTY. WILL PROVIDE THE NECES- SARY MATCH. THE APPLICANT FURTHER CERTIFIES; DUE TO NEW LEGISLATIVE INTENT NOT TO DUPLICATE SERVICES AND THAT THESE PARTICULAR SERVICES ARE NOT BEING PROVIDED NOR ARE THEY AVAILABLE FROM ANY OTHER STATE AGENCY. ALTHOUGH SIMILAR SERVICES MAY BE AVAILABLE, THE APPLICANT CERTIFIES THAT NO OTHER RESOURCE EXISTS TO PROVIDE THESE PARTI- CULAR SERVICES TO THESE CLIENTS WITHOUT THE USE OF THIS MONEY. William C. Wodtke, Jr.. -- Name (typed) Signature Chairman, Board of County -Commissioners Title (Mayor or Chairman of Board of County Commissioners) Indian River County Courthouse 2145 14th Avenue Vero Beach, Florida 32960 Address X305) 569-1940 Telephone ATTESTED BY: Name (typed) Si � i ure Secretary, Board of County Commissioners Title. attest: ire a azi'gFit, Clerk 91977 Boor 439 COMMISSIONER DEESON RECOMMENDED TO THE BOARD THAT HAROLD E, WINKLER BE APPOINTED TO THE BOARD OF ZONING ADJUSTMENT AS A REPRESENTATIVE FROM DISTRICT 1, ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0, 77-16 APPOINTING HAROLD E. WINKLER TO THE BOARD OF ZONING ADJUSTMENT FROM DISTRICT 1, RESOLUTION NO, 77 16 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that HAROLD E, WINKLER is appointed as a member of the Indian River County Board of Zoning Adjustment from District 1, ATTEST: ti i Clerk Adopted: 2-9-77 FEB 91977 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: - Xe" � � William C. Wodtk , Jr., Chairman eye .�.�.440 11 CHAIRMAN WODTKE STATED THAT HE HAS RECEIVED A LETTER FROM FREDA WRIGHT, CLERK OF CIRCUIT COURT, IN REGARD TO THE DATA PROCESSING DEPARTMENT. WILLIAM .JACKSON, FINANCE OFFICER, INFORMED THE BOARD THAT MRS. WRIGHT HAS AUTHORIZED HIM TO SPEAK TO THE BOARD IN HER BEHALF. HE STATED THAT FOR THE PAST MONTH THE CLERK HAS BEEN DOING A FEASIBILITY STUDY AS TO THE PROPER APPROACH TO DATA PROCESSING AND HAS GATHERED CONSIDERABLE INFORMATION. SHE WOULD LIKE TO FORM A COMMITTEE OF PEOPLE WITH A°-'PROPRIATE TALENTS TO HELP EVALUATE THIS INFORMATION, BUT SHE DOES NOT HAVE THE BUD- GETARY AUTHORITY TO AUTHORIZE A STUDY COMMITTEE AND WOULD LIKE THE BOARD TO ASSIST HER BY FORMING SUCH A STUDY COMMITTEE. MR. .JACKSON NOTED THAT THE CLERK IS AT PRESENT WITHOUT A COMPUTER PROGRAMMER, AND IF SHE CONTINUES WITH THE EQUIPMENT SHE NOW HAS, WILL HAVE TO HAVE ONE, SHE WOULD, THERE- FORE, APPRECIATE THE BOARDS EARLY CONSIDERATION. COMMISSIONER SIEBERT STATED THAT HE.FELT WE WILL NEED EXPERT HELP TO EVALUATE THIS SITUATION. FINANCE OFFICER .JACKSON SUGGESTED THAT A COMMITTEE BE FffT UP TO INCLUDE A COMMISSIONER, THE FINANCE OFFICER, PEOPLE IN DATA PROCESSING, AND THE CLERK OF CIRCUIT COURT OF ST. LUCIE COUNTY. CHAIRMAN WODTKE NOTED THAT A STUDY DONE BY THE CHARTER COMMISSION RECOMMENDED THAT A TASK FORCE BE APPOINTED TO STUDY DATA PROCESSING AND WHERE WE ARE HEADED, HE AGREED THAT A STUDY SHOULD BE MADE, BUT FELT THOUGH IT WOULD BE A GOOD IDEA TO INTERVIEW THE CLERK OF COURT OF ST. LUCIE COUNTY, HE SHOULD NOT BE MADE AN OFFICIAL PART OF THE STUDY COMMITTEE. THE CHAIRMAN CONTINUED THAT HE FEELS WE WILL NEED TO HAVE ONE PAID CON- SULTANT WITH DATA PROCESSING EXPERTISE WHO IS NOT CONNECTED TO A COMPUTER OR PROCESSING COMPANY. THE CHAIRMAN FURTHER NOTED THAT HE BELIEVES THAT 1 . i DATA PROCESSING IS NOW DOING THINGS THAT ARE NOT UNDER THE JURISDICTION OF THE CLERK S DEPARTMENT, AND HE WOULD LIKE TO HAVE THE ADMINISTRATOR OR A MEMBER OF HIS STAFF ON THIS COMMITTEE. HE ALSO RECOMMENDED THAT IT IN- CLUDE A COMMISSIONER, ONE OR TWO.REPRESENTATIVES FROM THE PUBLIC, AND THE FINANCE OFFICER. COMMISSIONER SCHMUCKER INFORMED THE BOARD THAT HE HAS SOME SLIGHT COMPUTER KNOWLEDGE. mm �� 28,.A, 441 CHAIRMAN WODTKE INSTRUCTED THAT A DATA PROCESSING STUDY COMMITTEE BE FORMED AND THAT IT CONSIST OF THE FOLLOWING: COMMISSIONER SCHMUCKER, THE ADMINISTRATOR, A REPRESENTATIVE FROM THE CLERK'S OFFICE, AND TWO MEM- BERS FROM THE PUBLIC AT LARGE, AND THAT THEIR FIRST FUNCTION BE TO DETERMINE WHAT CAN BE DONE ABOUT HIRING AN IMPARTIAL CONSULTANT. CHAIRMAN WODTKE INFORMED THE BOARD THAT FRIDAY, FEBRUARY 11, 1977, AT 10:37 IN THE COUNTY COMMISS`ON ROOM, DALE PATCHETT, STATE REPRE- SENTATIVE, IS GOING TO HOLD A -PUBLIC HEARING ON A SPECIAL ACT FOR THE COUNTY WHICH WILL ALLOW NETS TO BE USED IN THE VICINITY OF BRIDGES. INE CHAIRMAN NOTED THAT HE SPECIFICALLY HAD SEBASTIAN INLET IN MIND, BUT HAD PROBLEMS WITH BEING ABLE TO NET OFF OF ALL BRIDGES IN THE COUNTY, ATTORNEY COLLINS SUGGESTED THAT POSSIBLY SEBASTIAN INLET DISTRICT SHOULD HAVE A SPECIAL ACT RATHER THAN HAVE AN ACT AFFECTING THE WHOLE COUNTY. IN FURTHER DISCUSSION, IT WAS AGREED THAT INTERGOVERNMENTAL COORDINATOR THOMAS SHOULD REPRESENT THE BOARD AT THIS MEETING. QUIT-CL.".:M DEED FROM JULIAN LOWENSTEIN TO THE COUNTY FOR PROPERTY FOR DEVELOPMENT OF A BOAT RAMP AT OSLO ROAD, WHICH WAS APPROVED BY RESOLU- TION N0. 76-39 DATED JUNE 9, 1976, IS HEREBY MADE A PART OF THE MINUTES. .FEB 9 1977 Back A �A 7.442 QUIT -CLAIM DEED FROM CORPORATION 17325 RAMCO FORM 42 Thisult--CfHla�t t , Executed this 15thday of VERO%946RES, INC. a corporation existing under the laws of Florida Vero Beach Florida November ,A.D.I976,by , and having its principal place of business at I first party, to INDIAN RIVER COUNTY, a political subdivision of the State of Florida whose posiof f ice address is second party: (Wherever used herein the terms "first party" and '-second party" shall include singular and plural, heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations, wherever the contest so admits or requires.) itU.5eth, That the said first party, for and in co–sideration of the sum of $ 10.00 ' in hand paid by The said second party, the receipt whereof is hereby acknowledged, does hereby remise. re- lease and quit -claim unto the said second party forever, all the right, title, interest, claim and der—nd which the said first party has in and to the following described lot, piece or parcel of land, situate, lying and being in the County of Indian River State of Florida to wit: »� The North 50 feet of the Northeast Quarter g of the Northeast Quarter of Section 30, Township 33 South, Range 40 East. Containing ® 1.50 Acres more or less. -j The Grantee herein agrees that if at any time YT,Y:I•.o. �� i it removes or changes the location of certain the described tL culverts now existing on above property, it will relocate the same at the W;5 direction of the Grantor. �LULU Uj �� 1111 c M t�__UI0. do Title to the above described property shall 1U) revert to the Grantor in the event Grantee fails to construct a boat launching ramp 1 Z 0 E E Z within two years from date. INDIAN AIVEA 601JViY AINnn') 83AW Nv10N1 026523 0 trtrt C9 erg C -n -7 Illlilllll(I!!li Iaue and to Haid the same together with all and singular the appurtenances thereunto belohgirtg• or in anywise appertaining, and all the estate, right, title, interest, lien, equity and claim what- •saever of •tlie'said first party, either in law or equity, to the only proper use, benefit and behoof of the said sepond,:party -.forever. in V1tftfSS UktrCOf the said first party has caused these pres- ' ,(CORPORA,T£ SEAT) ents to be executed in its name, and its corporate seal to be hereunto affixed, by its proper officers thereunfodu authorized, the day and/year first above a L 1t J written, fACH `tit,,...•,.• ATTEST: ................................................ _......................... Secretary Signed, sealed and delivered. in the presence of: ....... . .. } .41. .................................................. �j .............. ... ... ........ ............ .... .. ....... LEM 01 STATE OF FLORIDA COUNTY OF INDIAN RIVER 1 HEREBY'CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared JULIAN LOWENSTEIN well known to me to be the President= ]f{s}[eXiMX)jf the corporation named as first party in the foregoing deed, and hexxrxi'S'x9y acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested In them by said corporation and that the seal affixed thereto is the true corporate wal of said corporation. WITNESS' my hand and official seal in the County and State last aforesaid thijs, / S day of �J ! / A. I7. I9 7 6. ' Notary' Public, Sta :e of Florida i Prezarcd by Large. My commission expires: L_N, �L=�� �f 1% 77 tr^inl ,S1 VAN -DE V600Y Adilirxr P. O: BOX i'`t?P '- 7�4 P��, '.t • •.,i Vero i:cacil, Florida FFICIAL RECMD nox 535 rat Lt ncicti ?8 443 PROCLAMATION WELCOMING THE EAST CENTRAL DISTRICT OF FLORIDA STATE ELKS ASSOCIATION TO INDIAN RIVER COUNTY IS HEREBY MADE A PART OF THE MINUTES, PROC LAMA TION WHEREAS, Indian River County is fortunate to host through the local Elks Club, the annual East C :itral District meeting of the Florida State Elks Association; and WHEREAS, Charles M. Pride, President of the Florida State Elks Association, is snaking his official visit to the East Central District of Florida State Elks Association; and WHEREAS, the District is made up of ten (10) Elks district lodges and all are meeting in Indian River County for the purpose of welcoming Charles M. Pride, the State President, during his official visit, presenting appropriate awards -ad joining together the district lodges for business and social purposes. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the East Central District of Florida State Elks Association is welcomed by the Commission and its citizenry and, BE IT FURTHER PROCLAIMED, that Indian River County is proud to have Charles M. Pride, President of the Florida State Elks Association, present within the County for the official gathering. This Proclamation shall be effective as of the 26th day of January, 1977. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. p William C. Wodtke, Jr., Vhairman Attest: ? G Clerk / CO, L-/ L. FES� � � �• 44 4 1977 RESOLUTION N0. 77-9 AND RELEASE OF SIDE LOT EASEMENTS BETWEEN LOTS 7 AND 8, BLOCK E, UNIT 2, OSLO PARK SUBDIVISION, TO JAMES W. WHALEN, ARE HEREBY MADE PART OF THE MINUTES AS AUTHORIZED AT THE MEETING OF JANUARY 5, 1977. 92 FEB 91977 ?8 ;1,.445 0 RESOLUTION NO. 77_9 WHEREAS, the Board of County Commissioners of Indian River County, Florida have been requested to release the side lot line easements, lying on either side of the side lot line between Lots 7 & 8, of Block E, Unit No. 2, OSLO PARK SUBDIVISION, recorded in Plat Book 2, page 25, St. Lucie County, Florida, and property now lying and being in Indian River County, Florida; and WHEREAS, said 5 foot side lot line easements were dedicated on the Plat of said OSLO PARK SUBDIVISION for public utility purposes; and WHEREAS, the request for such release for easement has been submitted in proper form; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following side lot line easements in OSLO PARK SUBDIVISION shall be released, abandoned and vacated as follows: The side lot line easements being 5 feet along the South line of Lot 7, Block E, and 5 feet along the North line of Lot 8, Block E, Unit No. 2, OSLO PARK SUBDIVISION, as recorded in Plat Book 2, page 25, St. Lucie County, Florida, said property now lying and being in Indian River County, Florida; BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners and the Clerk of the Circuit Court be, and they are hereby authorized and directed to execute a release of said lot line easements hereinabove referred to in form proper for recording and placing in the Public Records of Indian River County, Florida. This 5th day of January , 1977. Attest:, Clerk r FEB 91977 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ByrtC��� William C. Wodtke Jr., Chairman f Ut ?O 4 U RELEASE OF EASEMENT This Release of Easement executed this 5th day of January , 1977, by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a Political Subdivision of the State of Florida, first party, to JAMES W. WHALEN, whose address is 2690 - 13th Street, Vero Beach, Florida, party of the second part, WITNESSETH: That the said party of the first part for and in consideration of the sum of ONE ($1.00) DOLLAR and other good and valuable con- sideration in hand paid by the said second party, does hereby remise, release, abandon and quit claim unto the second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described easement, lying on land situate in the County of Indian River and State of Florida, to -wit: The side lot easements being 5 feet, lying on either side of the lot line between Lots 7 and 8, of Block E, Unit 2, OSLO PARK SUBDIVISION, recorded in. Plat Book 2, page 25, St. Lucie County, Florida, said property now lying and being in Indian River County, Florida. TO HAVE AND TO HOLD the same with all and singular the appurtenances thereunto belonging or in anywise appertaining and all the estate, right, title, interest, equity and claim whatsoever of the said first party either in law or equity to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents by the parties so authorized by law the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN2 RIVER COUNTY, FLORIDA By �C��cf �.�'�°If William C. Wodtke 'Jr., Chairman Attest: c Clerk 0 8000 ?8:41.447 FEB 91977 -- Signed, sealed and delivered in the presence of: -DeL-9Z4,Z� STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and the County of aforesaid to take acknowledgments, personally appeared WILLIAM C. WODTKE, JR., as Chairman of the Board of County Commissioners of Indian River County, Florida, a Political Subdivision in the State of Florida, and FREDA WRIGHT, as Clerk of the Circuit Court, to me known to be the persons duly authorized by said County to execute the foregoing instru- ment, and they acknowledged before me that they e-_,cuted the same for and on behalf of said Political Subdivision. WITNESS my hand and seal in the County and State last aforesaid this 3rd day of February 1977. � , �' �/" e2AeeUAe_ Notary PtMic, State of Fl " ida at Large. My Commission Expires: NOTARY PUBLIC STATE OF FLORIDA AT LAWe (Notary Seal) MY COMMISSION fXPIRES rt'LY C. 1978 (WrIFD THRU "NciZAt "'vDFRWRfMRS FEB 9 19 i7 FULLY EXECUTED SIGNAL MAINTENANCE AGREEMENT IN REGARD TO PEDESTRIAN TRAFFIC SIGNALS AT MIDDLE SEVEN SCHOOL AND FELLSMERE SCHOOL APPROVED AT THE MEETING OF THE MEETING OF NOVEMBER 17, 1976, IS HEREBY MADE A PART OF THE MINUTES. m I FEB 91977 iJ �1 l ?8 -n-.449 FEB 91977 RESOLUTION NO. 1686 RESOLUTION AUTHORIZING THE EXECUTION OF THE TRAFFIC SIGNAL MAINTENANCE AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AND THE COUNTY OF INDIAN RIVER On motion of;,as ei �c unueker seconded by QcMissioner Sj , the following resolution was adopted: WHEREAS, INDIAN RIVER COUNTY , deems it in the public intere"t to maintain and pay all utility service costs for the operation of traffic signal or signals described in Exhibit "A" to said agreement, and accordingly to enter into the attached agreement with the State of Florida Department of Transportation. NOW THEREFORE, BE IT RESOLVED BY 1. That INDIAN RIVER COUNTY concurs in the provisions of that certain agreement attached hereto pertaining to maintaining a traffic signal installation described in Exhibit "A" to that agreement. 2. That INDIAN RIVER COUNTY authorizes the said agreement to be executed by a legally designated officer of this Public Body. STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution adopted byat a meeting held on the _day of A. D., 19 vti , and recored in its minutes. IN WITNESS WHEREOF, I hereunto set my hand and official seal this 18th day of Novnnber , A. D. , 19 76 Berk 28 :1-4-50 COUNTY STATE TRAFFIC SECTION JCB WAD OPI-,DATIONS COLNTY NUMBER NU43ER NUMER WffiER NAME KNICIPALITY 88000-3503 5 (U.S.1) and 512 PXis► u iINCACIN"laIT = to INDIAN RIVER THIS AGREEMENT, made and entered into this ' day of cz , 19 Z, by and between the State of Florida Departirent of portation, an agency of the State of Florida, hereinafter called the "Department," and INDIAN RIVER COUNTY , Florida, hereinafter called the "Public Body," WITNESSETH: WHEREAS the construction and maintenance of a Pedestrian Actuated Traffic Signal, or Signals, is necessary for the safe and efficient novenent of school children at the location, or locations, as described in Exhibit "A", attached hereto; and WHEREAS the Public Body, by resolution attached hereto and made a part hereof, has determined that it is in the public interest for the Public Body to assume the responsibility for maintenance and all utility service costs incurred in the operation of said signal installations: Now, =REFORE, THIS INDENum WITNESSETH: That in consideration of the premises and the mutual covenants contained herein to be undertaken by the respective parties hereto, the parties and each of them mutually agree and covenant as follaas: 1. That the traffic signal, or signals, as described in Exhibit "A", attached hereto and made a part hereof,' will,be so designed that the functional design of the installation and its components will be mutually acceptable to the parties hereto, and will be installed under Department supervision, with the actual method of construction and financing determined by the Department's policies, budget and agree-ent, or agreements, which it may have with this or another governmental unit relating to the financing and construction thereof. 28 s ' 451 FEB 9 1977 Z. That the Public Bow shall, upon completion of the installation and acceptance by the panties hereto, assume the sole responsibility for the maintenance and continuous operation of said signal installation and the pay - went for all costs for utility service and utility charges incurred in connec- tion with the operation thereof. 3. The Public Body shall maintain the signal installation in accordance with Department policies and to a level of maintenance that will provide minimum hazard to movement of traffic. In this regard the Public Body shall record maintenance activities relative to said traffic signal installation to a "Department of Transportation Traffic Signal Maintenance Log" or an approved equivalent log. _ 4. That the equipment shall remain the property of the. Department, and it • is hereby understood and agreed by the parties hereto that the Public Body may rave any component of the installed equipment for repair but the Public Body shall not, under any condition, permanently remove the main frame of the control unit without the express written permission of the Department. 5. It is expressly understood and agreed by the parties hereto that'the wiring of the cabinets and the timing of the signals will be such that the traffic will be properly handled at the time of the completion of the installation of the signals. Necessary modifications in timeing or minor circuity may be made by the Public Body to accommodate the changing needs of traffic but the Department reserves the right to examine the equipment at any time, and after due consulta- tion with the parties hereto, specify timing and phasing that will provide a safe and expeditious traffic flow in the state highway system. 6. The Public Body shall not modify the equipment to provide additional phases or intervals without written permission from the Department. 7. The Public Body hereby agrees to indemnify, defend, save and hold harmless the Department for all claims, demands, liabilities and suits of any nature whatsoever arising out of, because of, or due to the breach of this agreement by the Public Body, its agents or employees, or due to any act or occurrence or omission or commission of the Public Body, its agents or employees. It is specifically understood and agreed that this indemnification agreement does -not cover or indemnify FEB 2$ 9 X977 omission or commission of the Public Body, its agents or employees It is specifically understood and agreed that this indemnification agreement does not cover or indemnify the Department, or its agents or employees, for its own negligence or breach of contract. B. It is mutually agreed that the Department's Director of Road Opera- tions shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under, or by reason of this agreement, the prose- cution and fulfillment of the services hereunder and the character, quality, amount and value thereof; and his decision upon all claims, questions -A disputes shall be final and conclusive upon the parties hereto. 9. It is understood and agreed by the parties hereto that this agree- ment shall remain in force during the life of the originally installed equip- ment and any replacement equipment installed by the mutual consent of the parties hereto, provided however that additional or replacement equipment purchased and installed wholly at the expense of the Public Body in accordance with this provision shall remain the property of the Public Body. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, th2 day and year first above written. WITNESSES: A s o the Depa men =ubs y Approved: Director of Road Operations STATE OF FLORIDA DEPARTM I OF T SP TION BY:rt� D or of A inistration BY:(SEAL) 7xecu ve ecretary PUBLIC BOD n BY: l Wi1liam C. Wodtke, Jr. 1/1 TITLE: Chairman ATTEST: (SEAL} C erk Approved as to form, legality and execution. ki Date Assls ant A orney FEB 91977 Book ? -°'-453 EXHIBIT "A" MAINT13NANCE AGREEA'ENT PEEESTRIAN TRAFFIC SIU'4AL6 9hi.s E:t.ibit "A" fon-ns an integral part of that certain pedestrian 4-raffic signal Maintenance Agreement between the State of Florida Deparbrent of Transportation and the COUNTY OF INDIAN RIVER Dated GZ•y+i, 19__Z• LOCATION OF PEIESTRIAN TRAFFIC SIGNAL INSTALLATIONS: STAM TRAFFIC JCB SR OPERATIONS SCHOOL NO. NO. NLMER 10=ION SERVED 88000-3503 5 (U.S.1) SLD MP 9.111, just north �Z Middle Seven School Gifford Road 512 SLD MP 4.153, at State Fellsmere School Road 507 ROD ?8 - -.454 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, 54113 - 54293 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO ("':CORDED BEING MADE A PART OF THESE MINUTES, THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 5:55 O'CLOCK P.M. ATTEST: CLERK CHAIRMAN 101 Book 28 , 455