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HomeMy WebLinkAbout2/23/1977WEDNESDAY, FEBRUARY 23, 1977 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNCSDAY, FEBRUARY 23, 1977, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, JR., CIIAIR:,''.N; ALMA LEE LO'!, VICE CHAIRiMAN; 1ILLARD W. SIEBERT, JR.; EDWIN -S. SCHMUCKER; AND R. DON DEESON, ALSO PRESENT WERE .JACK G. .JENNINGS, COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS, INTERGOVERN- MENTAL COORDINATOR; GEORGE G. COLLINS, .JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; WILLIAM P. JACKSON, FINANCE OFFICER; .JAMES REAMS, DEPUTY SHERIFF; AND VIRGINIA HARGREAVES, DEPUTY CLERK, THE CHAIRMAN CALLED THE MEETING TO ORDER. ATTORNEY COLLINS LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND COMMISL:ONER LoY GAVE THE INVOCATION. THE CHAIKMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 9, 1977. COMMISSIONER SIEBERT REQUESTED THAT ON PAGE 25, THE DATE IN THE 5TH PARAGRAPH BE CORRECTED To DECEMBER 15, 1976 INSTEAD OF 1977, COMMISSIONER DEESON REQUESTED THAT ON PAGE 89, 2ND PARAGRAPH, THE SECOND LINE BE CORRECTED TO READ "10:30 IN THE COUNTY COMMISSION ROOM."` CHAIRMAN WODTKE ASKED THAT ON PAGE 11 IN THE IST AND 2ND PARAGRAPHS THE AMOUNT SHOWN BE CHANGED FROM $127,000 TO "$128,267." CHAIRMAN WODTKE ASKED THAT ON PAGE 24, 4TH PARAGRAPH, THE MOTION BE REWORDED AS FOLLOWS AS COMMISSIONER SCHMUCKER WAS.NOT PRESENT WHEN THE MOTION WAS MADE: "ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER DEESON, CHAIRMAN WODTKE 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." THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 9, 19771 AS WRITTEN. FEB23 1977 G ON LOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR PERMIT TO CARRY A CONCEALED FIREARM OF THE FOLLOWING: DAVID MANNING BILL C. LAW DAVID ALLAN FINDLAY ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLL, CIRCUIT COURT, FALL TERM, 1976, IN THE. AMOUNT OF,$134,80, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS, TO ATTEND SPEAKER'S FORUM ON ELECTION LAWS IN TALLAHASSEE MARCH 11-12, 1977, THE FOLLOWING WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: WELFARE DEPARTMENT MONTHLY REPORT, JANUARY, 1977, REPORT OF CONVICTIONS, CIRCUIT COURT, JANUARY, 1977, CHAIRMAN WODTKE NOTED THAT A RESOLUTION IS NEEDED TO AMEND THE BUDGET TO ESTABLISH AN ANTI -RECESSION FUND FOR THE MONIES RECEIVED UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1976, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED RESOLUTION N0, 77-18 AS ABOVE, 2 0 FEB 231977 ... , epak ?8 g���i RESOLUTION NO. 77-18 WHEREAS, the Board of County Commissioners have received $128,267.00 pursuant to Public Law 94-369, Public Works Employment Act of 1976, and WHEREAS, the Board of County Commissioners plan to use these funds for the specific purposes provided for in said Act, and WHEREAS, the Board of County Commissioners had no reason to anticipate and did .iot anticipate at the time of its original budget preparation, the receipt of said funds NOW THEREFORE BE IT RESOLVED the Board of County Commissioners amends its budget in accordance with Section 129.06 (2) (d), Florida Statutes by establishing an Anti—Recession Fund wherein the following funds shall be appropriated. Estimated Revenue: $128,267.00 Appropriation: Salaries $ 95,760.00 bene.its 25,137.36 Materials and Supplies (In support of basic labor services) 7,369.64 Total Appropriated $128,267.00 Attest: Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Chairman 8 458 FEB 2 3X977 Book ��- CHAIRMAN WODTKE INFORMED THE BOARD THAT A LETTER HAS BEEN RE- CEIVED FROM FREDA WRIGHT, CLERK OF CIRCUIT COURT, REQUESTING THAT THE PETTY CASH FUND IN THE FINANCE OFFICE BE REOPENED, AS FOLLOWS: FREDA WRIGHT � �• �`� 'fii� . �'•�st�as�:,a��aw-8war:�rsto�� CLFK,�. CIRCUIT COURT AND RECORDER •�' ,d ..l •�• �i il9 �ifi e'itii ,� '�r : �_"r• "_"_ = - TRT P. 0. BOX 1028 V E R O B E A C HF L O R I D A 32960 February 15, 1977 , TO: The Honorable Board of County Commissioners FROM: Freda Wright, Clerk of Courts SUBJECT: Petty Cash recommend the Board re -open the petty cash fund in the Finance Office, in the amount of fifty dollars ($50.00), and appoint Ms. Sharon Cochran as cashier of the fund. Very truly yours, FREDA WRIGHT Clerk of Courts FW/src ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE REQUEST OF THE CLERK OF CIRCUIT COURT, AS STATED IN THE ABOVE LETTER. DANA HOWARD OF CARTER ASSOCIATES, APPEARED IN REGARD TO FINAL APPROVAL OF FOREST PARK SUBDIVISION, VISTA ROYALE, AND INTRODUCED TO THE BOARD RANDY LARSON, NEW PROJECT ENGINEER FOR VISTA PROPERTIES. MR. HOWARD NOTED THAT THIS SUBDIVISION WILL CONSIST OF 32 SINGLE FAMILY UNITS ON 100 x 100 LOTS, AND IT HAS BEEN THROUGH THE SUBDIVISION REVIEW COMMITTEE. ADMINISTRATOR KENNINGS STATED THAT IT HAS MET ALL THE SUBDIVI- SION REQUIREMENTS, BUT NOTED THAT THERE WAS NO CERTIFICATE OF APPROVAL ON THE PLAT FOR HIM TO SIGN. 4 FEB 2 31977 eeok �8 459 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL TO FOREST PARK SUBDIVISION, VISTA ,ROYALE, SUBJECT TO INCLUSION OF A CERTIFICATE OF APPROVAL__ ON THE PLAT FOR THE ADMINISTRATOR TO SIGN. ATTORNEY COLLINS DISCUSSED ABANDONMENT OF THE ROADWAY OF A SMALL PARK ADJACENT TO LOT 17, BLOCK A, UNIT 3, INDIAN RIVER HEIGHTS SUB- DIVISIO'', AS REQUESTED BY HARVEY AND MILDRED BEHRENDT, WHICH REQUEST WAS CONTINUED OVER FROM THE LAST MEETING. HE REPORTED THAT AFTER RESEARCHING THE MATTER, HE BELIEVES THE BOARD CAN VACATE THE PLAT OF A SUBDIVISION, AND THAT THEY CAN VACATE THE PARK IN THE'SUBDIVISION. HE NOTED THAT WHEN YOU VACATE A PLAT, OWNERSHIP OF THE PROPERTY GOES BACK TO THE LAND OWNER, AND WHEN YOU ABANDON A ROAD, THE FEE OWNERSHIP GOES HALF TO THE PROPERTY OWNER ON ONE SIDE AND HALF TO THE ONE ON THE OTHER SIDE. THE ATTORNEY CON- TINUED THAT 2ND STREET IS A COUNTY -OWNED ROAD, IF THE BOARD WERE TO ABAN- DON THE ROADWAY AS REQUESTED, IT WOULD BE ON A RADIUS BASIS BECAUSE OF THE CURVATPRE OF THE ROAD, AND THE FEE OWNERSHIP OF THE ABANDONMENT WOULD GO PARTLY TO THE OWNS°S OF LOTS 16 AND 17, PARTLY TO THE OWNER OF THE VACATED PARK, AND PARTLY TO THE COUNTY, ATTORNEY COLLINS STATED THAT THE BOARD COULD ABANDON THE ROAD AND NOT DO ANYTHING WITH THE PARK, IN WHICH CASE THE COUNTY'S OWNERSHIP OF THE PARK WOULD INCREASE IN SIZE, OR THE BOARD COULD ABANDON THE ROAD AND VACATE THE PLAT AS TO THE PARK. THE ATTORNEY RECOMMENDED THAT THE BOARD NOT DO ANYTHING (1) BECAUSE OF THE INTENSITY OF THE APPLICATION - THERE IS ONLY A LETTER, THE APPLICANTS HAVE NOT APPEARED, AND (2) BECAUSE OF THE HORRENDOUS TITLE PROBLEMS THAT COULD BE INVOLVED. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, TO DENY THE REQUEST OF HARVEY AND MILDRED BEHRENDT FOR ABANDONMENT OF THE ROADWAY OF THE SMALL PARK ADJACENT TO LOT 17, BLOCK A, UNIT 3, INDIAN RIVER HEIGHTS SUBDIVISION AND TO HAVE THE ATTORNEY WRITE THEM -EX- PLAINING THE SITUATION AND THE REASONS FOR DENIAL.' ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT MR. AND SIRS. BEHRENDT CAME TO HIS OFFICE SOME TIME AGO. THEY ARE FROM OUT OF STATE, WHICH IS WHY THEY HAVE NOT APPEARED. HE STATED THEY WERE MAINLY INTER- ESTED IN LEARNING THE COUNTY'S FEELINGS TO DETERMINE WHETHER THEY SHOULD PURSUE THIS MATTER OR NOT,. 0 5 Boot 6 .� 460 FEB 2 3 1977 P2 DISCUSSION FOLLOWED WITH REGARD TO THE OWNERSHIP OF THE PARK IF IT WERE VACATED AND THE POSSIBILITY OF SELLING IT TO THE APPLICANTS, ATTORNEY COLLINS NOTED THAT IF THE ROADWAY IS ABANDONED, IT GOES TO THE ADJOINING OWNERS ON EACH SIDE WITHOUT ANY PRICE, BUT IF THE PARK IS VACATED, THEN WHOEVER OWNS IT COULD SELL IT TO THE APPLICANTS, AFTER FURTHER DISCUSSION, THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS -TOTED ON AND CARRIED UNANIMOUSLY, FORMER COUNTY COMMISSIONER, JACK DRITENBAS, APPEARED TO DISCUSS THE NEED FOR A COUNTY BUILDING AND ZONING DEPARTMENT, HE STATED THAT HE IS A GENERAL CONTRACTOR ACTIVELY ENGAGED IN THE CONSTRUCTION BUSINESS IN THIS COUNTY SINCE 1957 AND ALSO THAT HE WAS INSTRUMENTAL IN THE ADOPTION OF THE FIRST BUILDING CODE IN THE COUNTY, MR. DRITENBAS NOTED THAT NO CODE CAN BE EFFECTIVE WITHOUT A BUILDING DEPARTMENT TO ADMINISTER IT AND WENT OVER THE HISTORY OF THE JOINT CITY -COUNTY BUILDING DEPARTMENT, POINTING OUT THAT THE ORIGINAL COST PERCENTAGE WAS 400 COUNTY AND 600 CITY, BUT NOW THE PEP!�ENTAGES ARE REVERSED WITH A FAR GREATER PERCENTAGE OF PERMITS BEING ISSUED WITHIN THE COUNTY. HE CONTINUED THAT OVER THE YEARS THE COUNTY HAS RECEIVED A CONSIDERABLE PROFIT FROM THE BUILDING PERMIT FEES AND NOTED THAT IT WAS NEVER INTENDED EITHER FOR THE JOINT BUILDING DEPARTMENT TO BE A PERMANENT ARRANGEMENT NOR FOR THE COUNTY'S GENERAL FUND TO BE FATTENED BY INCREASES IN BUILDING PERMIT FEES NOR FOR IT TO BE A BURDEN ON THE TAX- PAYER, MR. DRITENBAS STATED THAT IT WAS AGREED TO ADJUST FEES PERIODICALLY TO MAINTAIN THE DEPARTMENT AS CLOSE TO A BREAK-EVEN POINT AS POSSIBLE, HE THEN DISCUSSED THE INCONVENIENCE OF HAVING TO GO FROM THE COURTHOUSE TO CITY HALL AND BACK AGAIN FOR ZONING AND BUILDING PERMITS, AND SAID HE FELT STRONGLY THAT THE COUNTY BUILDING DEPARTMENT SHOULD BE ESTABLISHED ON ITS OWN .AND COMBINED INTO ONE OFFICE WITH THE ZONING DEPARTMENT AND SUGGESTED A TARGET DATE OF NOT LATER THAN JANUARY 1, 1978, TO ACCOMPLISH THIS, MR. DRITENBAS INFORMED THE BOARD THAT THIS SUGGESTION IS NOT INTENDED AS ANY CRITICISM OF THE CITY`S MANAGING OF THE BUILDING DEPARTMENT, AS HE FEELS THEY HAVE DONE A GREAT JOB IN WORKING WITH THE COUNTY OVER THE YEARS ON THIS JOINT VENTURE. CHAIRMAN WODTKE STATED THAT FIE HAS ALSO BEEN CONCERNED OVER THIS SITUATION, PARTICULARLY AFTER LOOKING AT THE RATE INCREASES REQUESTED FOR R r FEB 2 3 1971 Bear .r,:� THE CITY'S PORTION OF THE BUILDING DEPARTMENT, AND HE FEELS PERHAPS THE TIME IS HERE WHEN IT WOULD BE TO THE BEST BENEFIT OF THE COUNTY TO HAVE THEIR OWN BUILDING DEPARTMENT. HE SUGGESTED THAT THE NEW LONG MANGE PLAN- NING AND BUILDING COMMITTEE WOULD BE THE LOGICAL ONE TO WORK ON THIS MATTER, COMMISSIONER SIEBERT STATED THAT HE FEELS THIS IS A UNIQUE SITUA- TION AND BELIEVES IT MAY REQUIRE A SEPARATE COMMITTEE IN ORDER TO BE PRE- PARED TO DISCUSS THIS AT BUDGET TIME, ESPECIALLY AS IT WOULD BE DESIRABLE TO HAVE INPUT FROM LOCAL CONTRACTORS. HE MENTIONED THE POS�:BILITY OF HAVING THE PERMITTING SECTION OF THE HEALTH DEPARTMENT LOCATED CLOSE TO THE BUILDING, ZONING AND PLANNING DEPARTMENTS, COMMISSIONER SIEBERT ASKED IF MR. DRITENBAS WOULD VOLUNTEER HIS SERVICES ON SUCH A COMMITTEE, MR. DRITENBAS REPLIED THAT HE WOULD, BUT NOT AS CHAIRMAN, AND STATED HE BELIEVES THAT MANY OF THE LOCAL CONTRACTORS WOULD BE INTERESTED IN SEEING THIS JOINT VENTURE BROKEN UP. MR. NIELSEN, A LOCAL CONTRACTOR, AGREED, AS DID CONTRACTOR ROBERT DIBASSIE, WHO POINTED OUT THAT INDIAIV RIVER SHORES, SEBASTIAN AND FELLSMERE ALL HAVE SET UP THEIR OWN BUILDING DEPARTMENTS, COMMISSIONER SIEBERT NOTED THAT DON ADAMS, BUILDING DIRECTOR, RECENTLY STATED HE FELT IT MIGHT BE TIME TO SPLIT UP THE DEPARTMENTS, AND MR, DRITENBAS INFORMED THE BOARD THAT MR. ADAMS AGREED WITH THE STATEMENTS HE MADE TODAY. COMMISSIONER SIEBERT VOLUNTEERED TO GET TOGETHER WITH ADMINISTRA- TOR JENNINGS TO MAKE UP A RECOMMENDATION FOR SUCH A COMMITTEE TO BE PUT ON THE NEXT AGENDA, CHAIRMAN WODTKE INSTRUCTED THAT HE DO SO AND POINTED OUT TO THOSE PRESENT THAT THIS WOULD BE A STUDY COMMITTEE ONLY, DEWEY WALKER, ZONING DIRECTOR, APPEARED, ACCOMPANIED BY MONTE MANN, WHO IS REQUESTING RELEASE OF EASEMENTS BETWEEN HIS LOTS IN OSLO PARK, BLOCK D� ONIT 2, FOR THE PURPOSE OF FENCING IN HIS PROPERTY, MR. MANN LIVES ON THIS PROPERTY, WHICH IS ZONED C-1 COMMERCIAL DISTRICT AND HAS A COMMERCIAL GARAGE THERE, HIS HOME AND THE GARAGE ARE ON LOTS 1 AND 1-A, WHICH RUN NORTH AND SOUTH AND FACE OSLO ROAD. LOTS 2, 3 AND 4 RUN EAST AND WEST, MR. MANN WISHES TO HAVE THE REAR LOT LINE EASEMENTS OF LOTS 1' ANDI:-A RELEASED AND THE SIDE LOT LINES BETWEEN LOTS 2 AND 1 AND 1-A, BE- TWEEN LOTS 2 AND 3, AND BETWEEN LOTS 3 AND 4. THIS WILL ENABLE HIM TO FENCE IN THE ENTIRE PERIMETER OF HIS PROPERTY, I FEB 2 31977 Boor ?8' µ 46 ZONING DIRECTOR WALKER EXPLAINED THAT MR. MANN WISHES TO HAVE A 6' FENCE AROUND HIS PROPERTY, WHICH IS NOT UNUSUAL IN COMMERCIAL AREAS TO PROTECT PROPERTY, HE NOTED THAT MR. MANN WILL HAVE TO GO BEFORE THE VARI- ANCE BOARD IN ORDER TO BE ALLOWED TO HAVE THIS FENCE HEIGHT. COMMISSIONER SIEBERT POINTED OUT THAT IF THIS REQUEST IS APPROVED, THE APPLICANT MUST HAVE THE RESOLUTION AND RELEASE OF EASEMENT FORMS PRE- PARED Ai HIS EXPENSE. ON MOTION BY COMMIS.`IONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE RELEASE OF EASEMENTS BETWEEN LOTS 1/1-A AND 2, BETWEEN LOTS 2 AND 3, AND BETWEEN LOTS 3 AND 4, OSLO PARK, BLOCK D, UNIT 2, AS REQUESTED BY MONTE MANN, RIVERS ANDERSON, REALTOR, APPEARED IN REGARD TO THE 310,000 G.P.D. SEWER ALLOCATION GRANTED TO MEL SEMBLER uo ASSOCIATES ON AUGUST 4, 1976, FOR A PROPOSED SHOPPING CENTER TO BE LOCATED AT THE INTERSECTION OF 12TH STREET AND U.S. HIGHWAY 1. HE INFORMED THE BOARD THAT THEY HOPE TO GET THE SHL'PING CENTER UNDER CONSTRUCTION IN ABOUT 25 DAYS AND ARE NOT HERE ABOUT A WATER ALLOCATION AS THEY ARE GOING TO GET THEIR, WATER FROM LOWELL LOHMAN, PRESIDENT OF TREASURE COAST UTILITIES, INC. ROBERT LLOYD, CITY ENGINEER, DISCUSSED THE ROUTING OF THE SEWER LINE TO THE PLANT, THE PROPOSED LINE IS TO BE A 4" FORCE MAIN ABOUT 6,000' LONG AND WILL HAVE A CAPACITY OF 100 GALLONS A MINUTE, ENOUGH TO SERVICE ABOUT 5100 PEOPLE, THOUGH THEY WILL ONLY BE USING A CAPACITY OF APPROXIMATELY 18 GALLONS A MINUTE. MR. LLOYD INQUIRED ABOUT THE RATES THE COUNTY WILL CHARGE AND NOTED THAT THERE WILL BE A METER ON ONE END OF THE LINE, AND THE CITY WILL CHARGE THE COUNTY OPERATION AND MAINTENANCE PLUS 10%. MR. LLOYD STATED THE REAL PROBLEM IS THAT MR. SEMBLER IS GOING TO HAVE TO COLLECT FOR THE SEWAGE OR; POSSIBLY INCLUDE THIS IN HIS RENTALS. HE SUGGESTED THAT THE COUNTY GIVE MR. SEMBLER A FRANCHISE SO HE COULD CHARGE THE INDIVIDUAL STORE OWNER ON THE BASIS OF A METER THAT WOULD BE INSTALLED AND RECOUP HIS COST THAT WAY. COMMISSIONER SCHMUCKER ASKED HOW THE SEWER LINE WILL BE MAIN- TAINED. D FEB 2 31977 fltor 463 MR. LLOYD STATED THAT THE LINE EVENTUALLY WILL BE TURNED OVER TO THE COUNTY, BUT IN THE MEANTIME, IT WILL BE MAINTAINED BY THE OWNER. HE NOTED THAT ADAMAR (NOW RIVERWALK), OCEAN GATE AND SEVERAL OTHER CONDOMINI- UMS OPERATE THROUGH PRIVATE FORCE MAINS. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS DONE SOME RE- SEARCH IN REGARD TO FRANCHISING THE SHOPPING CENTER AND BELIEVES IT SHOULD BE FRANCHISED AND A RATE STRUCTURE SST UP, HE ALSO STATED THAT HE FELT THE BOARD SHOULD CONSIDER THE -POSSIBILITY OF OVERSIZING THF PROPOSED SEWER LINE AS THEY ARE MANY AVAILABLE CUSTOMERS IN THIS AREA NOW AND THERE VERY LIKELY WILL BE CONSIDERABLE FUTURE GROWTH, MR, LLOYD STATED THAT IF YOU ARE GOING TO GO THE FRANCHISE ROUTE, HE WOULD FEEL THE DEVELOPER SHOULD BE GIVEN A FRANCHISE FOR BOTH WATER AND SEWER REGARDLESS OF WHERE HE IS ACQUIRING THE WATER, AND IF LOWELL LOHMAN IS SUPPLYING THE WATER AND YOU EXTEND HIS OPERATION, WOULD NOT FEEL THE SEWER AND WATER SHOULD BE SPLIT UP. ATTORNEY COLLINS STATED HL DOES NOT AGREE WITH THIS AND NOTED THE DEVELOPER HAS ASKED THE COUNTY FOR A SEWER 'ALLOCATION, NOT MR. LOHMAN. RIVERS ANDERSON DISPLAYED A MAP SETTING OUT THE PROPOSED ROUTE TO ACQUIRE THE WATER FROM LOWELL LOHMAN'S PLANT WHICH WOULD REQUIRE A LINE ABOUT 12,000' LONG. IT WAS NOTED THAT THE FRANCHISE AREA DOES NOT EXTEND THAT FAR, MR, LLOYD EXPLAINED THAT THE 4" WATER LINE WOULD RUN DOWN OLD DIXIE AND INTO AN ELEVATED 125,000 GALLON SPHERE. MR, LOHMAN INFORMED THE BOARD THAT THE WATER LINE WOULD GO THROUGH PART OF MID FLORIDA'S TERRITORY. HE NOTED THEY NOW SERVE KEEN S AND WOULD RELEASE THE PROPERTY OWNED BY MR. SEMBLER. ATTORNEY COLLINS INQUIRED WHO WOULD OWN THE WATER LINE, AND MR. LLOYD SAID HE WOULD FEEL IT WOULD BE OWNED BY MR, SEMBLER, BUT WOULD BE TURNED OVER TO THE COUNTY IF THEY WANTED IT, CHAIRMAN WODTKE NOTED THAT WE ARE GETTING INTO A LOT OF ASSUMP- TIONS - WE ARE ASSUMING MID FLORIDA WILL RELEASE -.WE ARE ASSUMING THE BOARD WILL APPROVE, THE CHAIRMAN ASKED IF THE FRANCHISE REQUEST WILL BE FOR JUST THE AREA WHERE THE CENTER IS LOCATED, , 9 FEB231977' c� $ .µ..4-64 MR. LLOYD STATED THAT IT WILL BE FOR THE SHOPPING CENTER ONLY. HE NOTED THAT IN ORDER TO PROVIDE SERVICE FOR PEOPLE ALONG THE WAY, YOU WOULD HAVE TO INCREASE NOT ONLY THE SIZE OF THE LINE, BUT ALSO THE SIZE OF THE PLANT. CHAIRMAN WODTKE ASKED IF THIS WOULD BE AN EXPANSION OF THE TREASURE COAST FRANCHISE AREA, AND ATTORNEY COLLINS STATED THEY WOULD HAVE TO COME BEFORE THE BOARD FOR AN EXPANSION, AND HE FELT A DIRECT AGREEMENT ITH MR. SEMBLER ABOUT THE LINE WOULD BE A BETTER APPROACH. MR, LOHMAN NOTED THAT ANOTHER ALTERNATIVE WOULD BE TO GET A CON- TIGUOUS FRANCHISE FOR THE LINE ALL THE WAY DOWN, BUT FELT HE WOULD NOT WANT TO COMMIT HIMSELF TO HAVE TO FURNISH WATER TO THOSE ALONG THE WHOLE TWO MILES. HE CONTINUED THAT HE FELT IF THE LINE WERE RUN, THAT PEOPLE WILL WANT TO TIE ON; AND WHEN THIS HAPPENS, HE WOULD THEN COME TO THE COUNTY AND ASK FOR AN EXPANSION. DISCUSSION CONTINUED IN REGARD TO THE PROBLEMS INVOLVED WITH A SEWER AND WATER FRANCHISE, AND THE ATTORNEY STATED HE FEELS IT is DISCRE- TIONARY WITH THE BOARD WHETHER OR NOT TO HAVE A FRANCHISE. COMMISSIONER LOY BROUGHT UP THE MATTER OF THE MANY AVAILABLE CUSTOMERS IN THE SEWER LINE AREA, NOTING THAT THE CITY OF VERO BEACH HAS EXCESS SEWER CAPACITY AT THE PRESENT TIME. TROPIC GROVES WAS DISCUSSED AS A POTENTIAL CUSTOMER. MR. LLOYD NOTED THAT THIS IS A COMPLEX PROBLEM AND PROBABLY A COMMITTEE SHOULD BE SET UP TO WORK ON IT. CHAIRMAN WODTKE AGREED AND STATED THAT WE WILL NEED RECOMMENDA- TIONS FROM OUR ENGINEER. HE INSTRUCTED ADMINISTRATOR .JENNINGS TO SET UP A MEETING WITH ENGINEER BEINDORF, COMMISSIONER SCHMUCKER AND ATTORNEY COLLINS TO DISCUSS THESE PROBLEMS. THE CHAIRMAN INFORMED MR. ANDERSON AND MR, LLOYD THAT IT WOULD BEHOOVE THE DEVELOPER, IF IT IS HIS INTENTION TO GET WATER FROM MR. LOHMAN, TO GET THAT WORK IN PROCESS SO WE DO NOT HAVE TO WORK WITH TOO MANY ASSUMPTIONS, POINTING OUT THAT MR. LOHMAN WILL HAVE TO GET HIS FRANCHISE EXPANDED AND APPROVED, ETC, COMMISSIONER LOY ASKED THAT AN EMERGENCY ITEM BE ADDED TO THE AGENDA IN REGARD TO THE BEACH EROSION CONTROL STUDY. 10 FEB 231977 � ��rrr �� �^-•4s5 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADDED TO TODAY'S AGENDA THE ABOVE EMERGENCY ITEM REQUESTED BY COMMISSIONER Loy, COMMISSIONER Loy INFORMED THE BOARD THAT A LETTER HAS BEEN RE- CEIVED FROM THE CORPS OF ENGINEERS AS FOLLOWS: SAJEN-RC Chairman Indian giver County Board of Commissioners County Courthouse Vero Leach, Florida 32960 19 January 1977, .Dear Sir: The beach erosion control study on the ocean shore of Indian ldver County is nearing completion. The inclosed feasibility report and detailed appendixes on study findings and p•poposed recommendations are provided for your information. The recommendations and description of non -Federal responsibilities presented in the report define the county's responsibilities as the local sponsor of the project. A meeting to discuss or further explain these local•responsibilities will be coordinated if desired. We would appreciate receiving any comments that you may have on the report within the next 30 days, or by 21 February 1977, so that it may be finalized and submitted to our higher headquarters for review. A stnrmarized report gill subsequently be transmitted to Congress for consideration of authorization of the recommended improvements. Sincerely yours, 2 Incl (dupe) JAMS L. GARLAIM 1. Feasibility report Chief, Engineering Division 2. Appendixes COMMISSIONER Loy CONTINUED THAT AFTER CONSULTING WITH THE CHAIR- MAN, SHE PUT IN A CALL -TO THE CORPS IN .JACKSONVILLE TO ASCERTAIN IF THE BOARD COULD WAIT UNTIL TODAY'S MEETING AND THEN MAKE A REQUEST FOR A 60 -DAY EXTENSION TO ANSWER, AND THE CORPS HAD INDICATED THAT WAS ACCEPTABLE TO THEM. MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THAT THE BOARD OFFICIALLY REQUEST A 60 -DAY EXTENSION IN WHICH TO REPLY TO THE CORPS OF ENGINEERS IN REGARD TO THE BEACH EROSION CONTROL STUDY, 11 FEB 2 31977 car' 466 CHAIRMAN WODTKE STATED THAT AT A MEETING IN REGARD TO THE SPOIL ISLANDS, MAYOR LYONS HAD ASKED FOR A WORKSHOP SESSION BETWEEN THE COUNTY AND THE CITY IN REGARD.TO THE BEACH EROSION CONTROL STUDY BEFORE SENDING AN ANSWER TO THE CORPS OF ENGINEERS, AND HE FELT SUCH A MEETING SHOULD BE HELD WITHIN THE NEXT FEW WEEKS, THE BOARD AGREED, AND COMMISSIONER Loy SUGGESTED THAT GROUPS THAT HAVE INDICATED AN INTEREST IN THIS Sbj.�JECT SHOULD ALSO BE INVITED TO THE WORKSHOP MEETING. .JOHN ACOR, CHAIRMAN OF THE BEACH EROSION CONTROL COMMITTEE, AND DIRECTOR OF THE TAXPAYERS ASSOCIATION, INFORMED THE BOARD THAT THE TAX- PAYERS ASSOCIATION, THE VERO BEACH CIVIC ASSOCIATION, AND THE PELICAN ISLAND AUDUBON SOCIETY, ARE ALL IN FAVOR OF REQUESTING AN EXTENSION OF TIME. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. COMMISSIONER Loy SUGGESTED THAT THE CHAIRMAN BE REQUESTED TO CORRESPOND WITH THE CORPS OF ENGINEE,:S IMMEDIATELY TO REQUEST THE 60 -DAY EXTENSION, AND THE BOARD AGREED, COMMISSIONER SIEBERT STATED THAT IT HAS BEEN BROUGHT TO HIS AT- TENTION THAT AN AMBULANCE OF THE SEBASTIAN AMBULANCE SQUAD WAS DAMAGED IN A COLLISION AND TAKEN TO YATES PAINT AND BODY SHOP IN SEBASTIAN. THE BILL WAS PRESENTED TO THE COUNTY YESTERDAY, AND THEY WILL NOT RELEASE THE AMBU- LANCE UNTIL THE BILL IS PAID. CHAIRMAN WODTKE REPORTED THAT THE CHECK IS WRITTEN AND IS HERE TO BE SIGNED TODAY. HE ASKED THE ADMINISTRATOR TO BE SURE, IF ANYTHING OF THIS SORT SHOULD OCCUR IN THE FUTURE, THAT THE AMBULANCE IS NOT TAKEN TO A PLACE THAT WILL NOT RELEASE PRIOR TO PAYMENT OF THE BILL AN EMERGENCY VEHICLE THAT IS NEEDED TO SAVE THE LIVES OF OUR CITIZENS. THE CHAIRMAN. THEN ASKED COMMISSIONER DEESON TO DELIVER THE CHECK TO YATE'S PAINT AND BODY SHOP AND MAKE KNOWN THE CONCERN OF THE BOARD, COMMISSIONER Loy INFORMED THE BOARD THAT AFTER ABOUT FOUR YEARS WE HAVE RECEIVED A LEASE AGREEMENT BETWEEN THE BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND AND THE COUNTY IN REGARD TO WABASSO BEACH PARK, SHE NOTED THAT IN 1972 WE BOUGHT A LOT ON THE NORTH SIDE OF WABASSO 12 FEB 2 31977 - � ��j { �� - � �• 467 BEACH PARK AND EXTENDED THE SIZE OF THE PARK BY ABOUT ZOO' OF OCEAN FRONT- AGE$ AT THAT TIME THE STATE REQUIRED THAT THE COUNTY PURCHASE IT AND THE STATE WOULD REIMBURSE US, AND THIS IS THE FINAL STEP WHEREBY THEY LEASE IT BACK TO US ON A 99 -YEAR LEASE. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO EXECUTE THE LEASE AGREE- MENT BETWEEN THE TRUSTEES OF THE INTF7NAL IMPROVEMENT FUND AND INDIAN RIVER COUNTY IN REGARD TO WABASSO BEACH PARK, m FEB 231977 ?8 .-v. 468 L_ LEASE AGREEMENT No. 2926 Wabasso Beach Management Project No. 68 WHEREAS, the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida by virtue of Section 253.03, Florida Statutes, holds title to certain lands and property for the use and benefit of the State of Florida, and WHEREAS' the State of Florida Department of Natural Resources by formal action on August 15 , 19 72, authorized and requested the said Trustees to enter into an agreement with Indian River County, Florida, to permit certain uses of and activities on the lands and properties hereinafter described for the purpose of preserving, developing, operating and maintaining said lands and property for outdoor recreational, park, conservation and related purposes. NOW, THEREFORE, this agreement made between the BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND of the State of Florida as LESSOR, and INDIAN RIVER COUNTY, FLORIDA as LESSEE, W I T N E S S E T H: The parties hereto, for and in consideration of the mutual covenants and agreements hereinafter contained, do hereby covenant and agree as follows: .1. The lessor does hereby lease to the lessee the fol- lowing described parcels of land, situate in -Indian River County, Florida, viz: (See Exhibit A - Attached) j TO HAVE AND TO HOLD the above-described land for a period of ninety-nine (99) years from the date hereof, for the purpose of preserving, developing, improving, operating, maintaining and other- wise managing said land for public outdoor recreational, park, conservation and related purposes. 0 r� 469 t i No. 2926 Page 2 i 2. The lessee shall have the right to enter upon said ' E land for all purposes necessary to the full enjoyment by said lessee of the rights herein conveyed to it. 3. The lessee shall through its agents and employees cooperate to prevent the unauthorized use of said land or any use thereof not in conformity with this lease. 4. This agreement is for the specific purpose of public outdoor recreational, park, conservation and related purposes, and the lessee shall have the right to enter into further agreements or to sublease all or any part of the within land so long as the agree - I • ment and/or sublease shall effectively carry out and further the general purposes herein described. 5. The lessee agrees to give advanced written notice to the Director, Division of Recreation and Parks, of any agreement and/or sublease, for review and written appro—tl by the Division, before any such agreement a^,./or sublease is executed. 6. The lessor or its duly authorized agent shall have the right at any time to inspect the said land and the works and opera- tions. thereon of the lessee in any matter pertaining to this agreement. 7. The lessee hereby covenants and agrees to investigate all claims of every nature at its own expense, and to indemnify, protect, defend, hold and save harmless the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida and/or the State of Florida from any and all claims, actions, lawsuits, and demands of any kind or nature arising out of this agreement. S. This agreement is subject, however, to the reversion to the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida of the lands described herein and the cessation and termination of this lease when,.in the opinion of the State of Florida Department of Natural Resources, Division of Recreation and Parks, said lands are not utilized for the purpose outlined in this a lease; and any costs or expenses arising out of the implementation i i C" • b k FEB 2 319i'7 ^c$ ?8 A70 No. 2926 Page 3 of this clause shall be borne completely, wholly, and entirely by the lessee. 9. Any inequities that may subsequently appear in this lease shall be subject to negotiation upon written request of either party, and the parties agree to negotiate in good faith as to any such inequities. 10. This agreement is.executed in duplicate, each copy of which shall for all purposes be considered an original. IN TESTIMONY WHEREOF, the legally designated agent of the Board of Trustees of thelInternalImprovement Trust Fund of the i State of Florida has hereunto subscribed his name and has caused the official seal of the Board of Trustees of the Internal Improve- ment Trust Fund of the State of Florida to be hereunto affixed, in the City of Tallahassee, Florida, on this the 25th day of January A. D. 1977, and the duly authorized officials of Indian River County, Florida have hereunto set their hands and affixed its seal this 23rd day of February A. D. 1977. (SEAL) BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA (SEAL) 0 0 BY: ATTEST: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA By , E tive Director, Department of N tural Resources, Agent for the Board of Trustees of the Internal Improvement Trust Fund, authorized to execute this instrument for and on its behalf pursuant to Section 253.431, Florida Statutes, and resolution recorded in its min- utes of November 4, 1975. INDIAN RIVER COUNTY, FLORIDA Chairman Clerk FEB 231917 ecrr ?8 471 i t • � 1 Page 4 ; Exhibit "A" Wabasso Beach Lease No. 2926 Management Project No. 68 The following described land, situate, lying and being in the County of Indian River, State of Florida, to -wit: Lot 10, Block A, Unit 1, SUMMERPLACE SUBDIVISION, according to the plat thereof in Plat Book 6, Page 56, Public Records of Indian River County, Florida. Said land mow being and lying in Indian River County, Florida. FEB 2 31977 ADMINISTRATOR JENNINGS REPORTED THAT HE HAS RECEIVED THE FIRST BILL FROM POST, BUCKLEY, SCHUH AND ,JERNIGAN, INC., RESOURCE RECOVERY CON- SULTANTS, BUT CANNOT FIND, IN GOING THROUGH THE COUNTY'S CONTRACT WITH THEM, WHERE HE IS AUTHORIZED TO APPROVE THESE BILLS FOR PAYMENT. THE ADMINISTRA- TOR ASKED IF THE BOARD WISHES THESE BILLS BROUGHT TO EACH COMMISSION MEET- ING FOR APPROVAL OR IF THEY WOULD RATHER AUTHORIZE HIM TO PAY THEM. ATTORNEY COLLINS STATED IT COULD BE HANDLED EITHER WAY, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY CC"MISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO PAY CONSULTANT BILLS RECEIVED FROM POST, BUCKLEY, SCHUH AND .JERNIGAN, INC. ROBERT DONLON, PERSONNEL MANAGER, APPEARED TO REPORT ON A SURVEY OF GROUP INSURANCE, .1MR. DONLON SUBMITTED A MEMO IN THIS REGARD AS FOLLOWS.- 11 OLLOWS: TO: rROM : r MEMORAtYDUM Board of County 4ommissioners Robert Donlon, Personnel Ma•iager >'ebruary 15, 1977 As requested by the Board of County Commissioners, this office has attempted to conduct'a survey of our Group Insuranc 6. Specifications were -written for a policy that would compare with the one we now have. These specifications along with invitations to submit proposals were made available to all interested. parties. Copies were sent to the Indian River Life Underwriters Association and to several local Independent Agents. After many meeting with some agents and their home office representatives, and being assured that they would submit proposals, we have not at this time received any response. This would indicate that either the other companies are unable to write a comparable policy or are not interested in furnishing coverage of this nature. I have studied our present policy quite thoroughly and feel that it compares very favorably with other policies being offered at the present premiufi. It would be my suggestion that. if the Board. wishes' to pursue this further, that the Group Insurance be advertised for bids on renewal date of .lune 15, 1977. if this is the decision of the Board, action should be taken in the near future. R. D. 18 FEB 2 31977 473 COMMISSIONER SIEBERT ASKED IF MR. DONLON HAD CONTACTED OTHER COUNTIES OR BUSINESSES TO FIND OUT WHO CARRIES THEIR HEALTH INSURANCE AND THEN WRITTEN THOSE INSURANCE CARRIERS. MR. DONLON SAID HE HAD NOT SPECIFICALLY, BUT HE DID HAVE SOME KNOWLEDGE IN THIS AREA, IN DISCUSSION, IT WAS NOTED THAT THE STATEMENT HAD BEEN MADE THAT THE SPECIFICATIONS HAD BEEN WRITTEN SO THAT NO ONE BUT BLUE CROSS OR BLUE SHIELD COULD BID ON THEM. MR. DONLON STATED THAT THE SPECIFICATIONS HE WROTE WERE BASED ON OUR PRESENT COVERAGE AS THIS IS THE ONLY WAY HE COULD MAKE A FAIR COMPARI— SON. HE NOTED THAT IT WAS STATED IN THESE SPECIFICATIONS THAT THEY COULD BRING IN ANYTHING THAT WAS COMPARABLE AND POINT OUT THE DIFFERENCES. MR, DONLON FURTHER NOTED THAT MANY INSURANCE COMPANIES ARE RELUCTANT TO BID ON GROUP HEALTH INSURANCE. GENE WADDELL OF ARDEN INSURANCE SERVICES INFORMED THE BOARD THAT THEY NEVER RECEIVED A COPY OF THE SPECIFICATIONS AND ONLY LEARNED ACCI— DENTALLY THAT A CHANGE IN GROUP HEALTH INSURANCE WAS BEING CONSIDERED. MR, WADDELL CONTINUED THAT HE HAS SEVERAL COMPANIES THAT WOULD BE INTER— ESTED IN BIDDING ON THIS AND NOTED THAT HIS COMPANY JUST WROTE A POLICY FOR TAX COLLECTOR GENE MORRIS AND IS WORKING WITH SHERIFF .JOYCE,' BOTH OF WHOM WERE UNSATISFIED WITH THE BLUE CROSS/BLUE SHIELD COVERAGE, CHAIRMAN WODTKE INQUIRED IF THE BOARD FELT MR, DONLON SHOULD BE ASKED TO PURSUE THIS MATTER. COMMISSIONER SIEBERT STATED THAT HE FEELS WE SHOULD ACTIVELY PUR— SUE IT FOR A VARIETY OF REASONS, NOTING THAT THERE SEEMS TO BE A MOVE AWAY FROM BLUE CROSS/BLUE SHIELD AND HE WOULD LIKE TO KNOW WHY. ATTORNEY COLLINS SAID HE FELT THIS SHOULD BE PUT OUT FOR BIDS. GENE WADDELL SUGGESTED TO THE BOARD THAT THE SPECIFICATIONS NOT BE TOO SPECIFIC AND DETAILED, BUT JUST SET OUT WHAT THE PRESENT COVERAGE CONSISTS OF AND ASK FOR "EQUAL TO OR BETTER THAN. 11 HE POINTED OUT THAT DIFFERENT COMPANIES MAY WELL HAVE A DIFFERENT ADMINISTRATIVE SET UP, WHICH COULD POSSIBLY BE BETTER THAN THE PRESENT ONE. COMMISSIONER LOY NOTED THAT WE HAVE ALWAYS REQUIRED THE INSURANCE COMPANY TO HANDLE THE CLAIMS, AND IF WE HAVE TO HANDLE THEM, IT COULD COST US MORE. • s 19 474 FE 2 3197 cif ' CHAIRMAN WODTKE STATED HE FELT THE GROUP INSURANCE SHOULD BE PUT OUT TO BID, ADVISING OF THE COVERAGE WE HAVE AT PRESENT AND PUTTING THE BURDEN ON THE BIDDER TO SAY HOW THEIR COVERAGE DIFFERS FROM OUR PRESENT COVERAGE, THE CHAIRMAN NOTED THAT THIS IS A COMPLEX THING TO DECIDE ON AND SUGGESTED THAT THE BIDS BE RECEIVED EARLY ENOUGH TO ALLOW ADEQUATE TIME TO ANALYZE THEM CAREFULLY, COMMISSIONER LOY SUGGESTED .HAT THE BIDS SHOULD BE ADVERTISED FOR MAY 4TH WITH THE IDEA OF AWARDING THE BID ON .JUNE 8TH, AND THAT THE BID BE ADVERTISED FOR "EQUAL TO OR BETTER THAN" OUR PRESENT COVERAGE, ADMINI- STRATOR JENNINGS SUGGESTED THAT THE AD STATE THAT WHERE THERE ARE DIFFER- ENCES TO THE PRESENT COVERAGE, IT SHOULD BE SPELLED OUT IN THE BID, THE BOARD AGREED. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED ADVERTISING FOR BIDS FOR HOSPITALIZATION GROUP INSURANCE AS SET OUT ABOVE FOR THOSE PEOPLE WE ARE CURRENTLY COVER- ING; THE BIDS TO BE RECEIVED ON MAY '1, 1977, AT 9:30 O'CLOCK A,M. ATTORNEY COLLINS REPORTED THAT HE HAS REVIEWED THE LEASE FOR SPACE FOR THE PUBLIC DEFENDER IN JOHN MOORE'S PROFESSIONAL BUILDING, AND IT IS ACCEPTABLE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE LEASE FOR OFFICE SPACE FOR THE PUBLIC DEFENDER IN THE PROFESSIONAL BUILDING AND AUTHORIZED THE CHAIRMAN'S SIGNA- TURE. THE LEASE WILL BE MADE A PART OF THE MINUTES WHEN FULLY SIGNED. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS PREPARED A SHORT AGREEMENT WITH THE CITY OF VERO BEACH AS TO THE USE OF THE NEW FIRE TRAIN- ING TOWER AND THE COUNTY'S PARTICIPATION IN THE PROJECT. HE READ THE PROPOSED AGREEMENT TO THE BOARD, NOTING THAT HE HAS GOTTEN AWAY FROM THE LEASE ASPECT ORIGINALLY CONSIDERED. CHAIRMAN WODTKE ASKED WHO ACTUALLY OWNS THE TOWER. ATTORNEY COLLINS STATED THAT THE TOWER IS GOING TO BE ON CITY LAND AND HE WOULD FEEL THE CITY WOULD OWN IT. COMMISSIONER SIEBERT NOTED THAT THE AGREEMENT CALLS FOR THE COUNTY TO CONTRIBUTE $15,000, AND HE BELIEVED IT WAS ORIGINALLY INTENDED TO BE AN AMOUNT "UP TO" $15,000,00, 0 20 FEB 2 3 1977 AFTER FURTHER DISCUSSION, IT WAS AGREED TO CHANGE THE WORDING TO READ "UP TO AN AMOUNT OF $15,000.00." ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE AGREEMENT WITH THE CITY OF VERO BEACH IN REGARD TO THE FIRE TRAINING TOWER WITH THE CHANGE AS SET OUT ABOVE AND AUTHORIZED THE CHAIRMAN`S SIGNATURE. THIS AGREEMENT WILL BE MADF A PART OF THE MINUTES WHEN FULLY SIGNED. VAL BRENNAN, PLANNING DIRECTOR, CAME BEFORE THE BOARD TO ASK FOR CONSIDERATION OF COUNTY MEMBERSHIP IN THE NEWLY FORMED "FLORIDA COMMUNITY DEVELOPMENT ASSOCIATION." HE STATED THAT AS A RESULT OF THE SEMINAR HELD IN ORLANDO LAST NOVEMBER, IT WAS GENERALLY FELT THAT AN ORGANIZATION MADE UP OF RECIPIENTS OF COMMUNITY DEVELOPMENT FUNDS WAS NEEDED IN ORDER TO HAVE A PLACE TO GO TO DISCUSS THEIR PROBLEMS AND TO DISSEMINATE UP TO DATE IN- FORMATION ON LEGISLATIVE AND PROCEDURAL CHANGES ON COMMUNITY DEVELOPMENT APPLICATIONS. MR. BRENNAN CONTINUED THAT HUD ENDORSES THIS ORGANIZATION, BUT WILL NOT PARTICIPATE IN IT OFFICIALLY. THE DECISION AS TO WHO WOULD GET FUNDS WOULD STILL BE UP TO HUD, AND THE NEW ORGANIZATION WOULD NOT SUGGEST ANYTHING IN THAT REGARD. MR. BRENNAN READ TO THE BOARD THE PURPOSE OR OBJECTIVE OF THE PROPOSED FLORIDA COMMUNITY DEVELOPMENT ASSOCIATION AS FOLLOWS: II. PURPOSE OR OBJECTIVE: A. To inform the membership of various issues in community development and provide a forum for the exchange of ideas. B. To establish a vehicle to facilitate cooperation on common issues and problems. C. To offer guidance and assistance to members. D., To act as a liaison with other agencies and groups. COMMISSIONER LOY ASKED HOW MUCH LONGER MR. BRENNAN FELT THE COMMUNITY DEVELOPMENT PROGRAM WILL CONTINUE, NOTING THAT WE ARE ALREADY IN THE THIRD YEAR OF THE PROGRAM. 21 FEB 23 1977 06it 28 478 MR.. .BRENNAN STATED THAT IT WAS ORIGINALLY INTENDED TO BE A FOUR YEAR PROGRAM, BUT WAS SUBSEQUENTLY REDUCED TO THREE; HOWEVER, THEY ARE WAITING TO SEE WHAT THE NEW ADMINISTRATION IS GOING TO PROPOSE, DISCUSSION FOLLOWED IN REGARD TO THE VOTING SET-UP OF THE ORGANI- ZATION, AND COMMISSIONER SIEBERT SAID HE FEARED THIS ORGANIZATION MIGHT GO BEYOND JUST DISSEMINATION OF INFORMATION. COUNTY PLANNER BRENNAN POINTED OUT THAT POSSIBLY WE SHOI.-D BELONG IN ORDER TO PREVENT THIS HAPPENING AND NOTED THE DUES ARE ONLY $100.00 A YEAR, COMMISSIONER SCHMUCKER STATED THAT HE CERTAINLY IS NOT IN FAVOR OF ANOTHER LEVEL OR STEP IN BUREAUCRACY, BUT FELT WE COULD INVEST $100.00 TO SEE WHAT IT IS ALL ABOUT, NOTING THAT WE WOULD NOT NECESSARILY HAVE TO CONTINUE OUR MEMBERSHIP NEXT YEAR, IT WAS GENERALLY AGREED WE SHOULD JOIN FOR SELF-PROTECTION. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED PAYMENT OF $100,00 MEMB-'?SHIP DUES TO THE FLORIDA COMMUNITY DEVELOPMENT ASSOCIATION FOR ONE YEAR. ATTORNEY COLLINS PRESENTED TO THE BOARD RESOLUTION N0, 77-11 IN REGARD TO PARTICIPATING WITH THE CITY OF VERO BEACH IN THE COST OF OVER - SIZING DRAINAGE ON 17TH STREET, WHICH HE HAD BEEN AUTHORIZED TO PREPARE, BUT WHICH HAS NEVER BEEN OFFICIALLY ADOPTED. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0, 77-11, 22 FEB 2 31977 Wok A 477 RESOLUTION 77-11 WHEREAS, the Department of Transportation has requested of the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that a Resolution be passed authorizing the oversizing of that drainage line lying between the Indian River and U. S. Highway #1 paralleling 17th Street, and WHEREAS, the City of Vere, Beach has agreed to participate on a 50/50 basis with Indian River County towards the cost of oversizing, and WHEREAS, the engineering estimate for oversizing is Thirty -Two Thousand Three Hundred Sixty -Nine Dollars ($32, 369.00). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board of County Commissioners agrees to oversize that drainage line lying between the Indian River and U. S. Highway #1, paralleling 17th Street, which costs of oversizing shall be approximately $32, 369, 00, with the understanding that the City of Vero Beach and Indian River County will share 50/50 in said cost, and BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Department of Transportation is authorized to proceed with the oversizing project as above defined. This Resolution shall become effective as of the 23rd day of February 1944, BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: (! ),P�A William C. Wodtke, J . , Chairman Attest: Clerkr� FEB 2 31977 flock ?8 ATTORNEY COLLINS REPORTED TO THE BOARD ON HIS PROGRESS IN OBTAIN- ING PROPERTY FOR THE SANITARY LANDFILL, NOTING THAT HE HAD CONTACTED THE INDIVIDUAL PROPERTY OWNERS GIVING THEM THE APPRAISAL PRICE AS THE BOARD AUTHORIZED. HE STATED THAT MR. WHALEN, OWNER OF THE LARGER PIECE OF PROP- ERTY, HAS COUNTER -OFFERED $2,150 PER ACRE, AND MR. RINKER, THE OTHER OWNER, HAS COUNTER -OFFERED $2,200 PER ACRE, WHICH WOULD AMOUNT TO A TOTAL OF $414,050, OR $34,1050 OVER THE APPRAISED PRICE. THE ATTORNEY RECOMMENDED THAT HE PREPARE CONTRACTS FOR .THE CHAIRMAN TO SIGN BASED ON THE APPRAISAL PRICE AND SEND THEM TO THE PROPERTY OWNERS, CHAIRMAN WODTKE STATED THAT HE FEELS THE APPRAISAL PRICE IS A VERY FAIR OFFER, AND HE WOULD ACCEPT THE RECOMMENDATION OF THE ATTORNEY. COMMISSIONER SCHMUCKER AGREED, MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, TO AUTHORIZE THE ATTORNEY TO DRAW UP CONTRACTS TO PURCHASE PROP- ERTY FROM THE TWO ABOVE PROPERTY OWNERS FOR THE SANITARY LANDFILL BASED ON THE APPRAISED VALUE WE HAVE ACCEPTED AND TO AUTHORIZE THE CHAIRMAN TO SIGN THESE CONTRACTS. COMMISSIONER SIEBERT INFORMED THE BOARD THAT HE HAS NOT CHANGED HIS POSITION WITH REGARD TO PURCHASING THIS PROPERTY FOR THE SANITARY LAND- FILL AND FEELS IT IS FAR TOO MUCH MONEY, BUT NOTED THAT, ON THE OTHER HAND, HE IS A PART OF THIS BOARD AND FROM THIS TIME ON WILL TAKE A POSITIVE PO- SITION, THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND" CARRIED UNANIMOUSLY, ATTORNEY CCLLINS POINTED OUT THAT WE NEED TO SECURE BIDS ON THE INTERIM FINANCING - 6 -MONTH TYPE FINANCING, HE FELT'WE SHOULD ADVERTISE FOR THE BORROWING OF A SUM TO SEE WHAT SORT OF RESPONSE WE HAVE AND WOULD HOPE TO HAVE SOME RECOMMENDATIONS BY THE NEXT MEETING. THE ATTORNEY NOTED THAT, ASSUMING THE PURCHASE IS GOING TO BE IN THE NEIGHBORHOOD OF $400,000, SOME INPUT WILL BE NEEDED AS TO WHAT ADDITIONAL MONIES WILL BE NECESSARY TO GET INTO THE INITIAL DEVELOPMENT BEFORE THE BONDS ARE ISSUED, AS HE FELT THE ADVERTISEMENT SHOULD SET AN APPROXIMATE DOLLAR AMOUNT, 24 0 FEB 2 31977 Boos 479 ADMINISTRATOR JENNINGS STATED THAT HE DOES NOT HAVE A FIGURE TODAY, BUT ANTICIPATES RECEIVING SUCH A FIGURE SOMETIME THIS WEEK, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE THE NOTICE THAT THE COUNTY WILL BE BORROWING A SET DOLLAR AMOUNT FOR A SET PERIOD OF TIME FOR THE PURPOSE OF ACQUISITION AND DEVELOPMENT OF A SANITARY LANDFILL. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS RECEIVED FROM THE ATTORNEYS FOR RURAL SANITATION AND INDIAN RIVER SANITAT.JN RESOLUTIONS IN REGARD TO THE RATE INCREASE GRANTED THEM AT THE MEETING OF FEBRUARY 9TH, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 77-20 IN REGARD TO A RATE INCREASE FOR RURAL SANITATION SERVICE, INC. 25 28 480 FEB 2 31977 RESOLUTION NO. 77- 20 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that Resolution No. 72-25 is hereby amended solely as to Section 11, changing the Residential rate from $3.25 to $4.25 per month, leaving all other aspects of Section 17 and Resolution No. 72-25 unchanged and in full force and effect. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida, have caused this Amendment of Franchise to be executed in the name of the County of Indian River by the Chairman of the Board of County Commissioners, and its seal to be affixed and attested by its Clerk, all pursuant to the Resolution of the Board of County Commissioners adopted on the 23rd day of February , 1977. Signed, sealed and delivered in the presence of: FEB 2 3 1977 COUNTY OF INDIAN RIVER, LORIDA By: .vi 0 As Chairman of th oard of County Commissioners Attest: o/,( Clerk Book ?8 481 0 ACCEPTANCE OF FRANCHISE Rural Sanitation Service, Inc. does hereby accept the foregoing Amendment to Franchise, and for itself and its successors and assigns, does hereby covenant and agree to comply with and abide by all of the terms, conditions, and provisions herein set forth as originally contained in Resolution No,77-20, DATED at Vero Beach, Indian River County, Florida, this 24th day of February , 1977. Signed, sealed and delivered in the presence of: RURAL SANITATION SERVICE, INC. BY �7 �/L'��✓ Proprietor STATE OF FLORIDA COUNTY OF INDIAN RIVER I, an officer authorized to take acknowledgments of de ds according to the laws of the State of Florida, duly qualified and acting, hereby certify that Ann M. Fryer to me personally known, this day acknowledged before me that they executed the foregoing Acceptance of Franchise, and that they affixed thereto their signatures. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Vero Beach, Indian River County, Florida, this 24th day of February , 1977. Notqiry Public, State of Florida at Large. My commission expires: Notary PaR:, State of Florida of Largs (Notary Seal) My Comm'ssion Expires Sept. S, 1979 $ondod by American Fire & Casualty Co. FEB 2 31977 Rick co X82 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 77-21 IN REGARD TO A RATE INCREASE FOR INDIAN RIVER SANITATION SERVICE, RESOLUTION NO. 77 - 21 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Resolution No. 75-63 is hereby amended solely as to Section 11, changing the Residential rate charge from $3.25 to $4.25 per month, leaving all other aspects of Section 11 and Resolution 75-63 unchanged and in full force and effect. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida, have caused this amendment of franchise to be executed in the name of the County of Indian River by the Chairman of the Board of County Commissioners, and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the 23rd day of February , 1977. COUNTY OF INDIAN RIVER, FLORIDA Signed, sealed and By: delivered in the name of: As Chairman of the Boa d of County Commissioners Attest: liedV Clerk w FEB 2 3 1977 Book ?8 -,x.483 ACCEPTANCE OF FRANCHISE Indian River Sanitation Service, a sole proprietorship, does hereby accept the foregoing amendment to franchise, and for itself and its successors and assigns, does hereby covenant and agree to comply with and abide by all of the terms, conditions, and provisions herein set forth and as originally contained in Resolution 75-63. DATED at Vero Beach, Indian River County, Florida, this 2nd day of March , 1977. Signed, sealed and delivered in the presence of: Lz. ea ZX � r STATE OF FLORIDA COUNTY OF INDIAN RIVER Indian River Sanitation Service By: c f" Proprietor I, an officer authorized to take acknowledgments of deeds according to the laws of the State of Florida, duly qualified and acting, hereby certify that C. Reed Knight, Jr. to me personally known, this day acknowledged before me that they executed the foregoing Acceptance of Franchise, and that they affixed thereto their signatures. IN WITNESS WHEREOF, I have hereunto set my hand and official seal at Vero Beach, Florida, this 2nd day of March , 1977. Notary PubXic, Stkee of &4orida at Large. My commission expires: (Notary Seal) NOTARY PUBLIC STATE OF FLORIDA AY LARGE MY COMMISSION WIRES IDLY 8, IM 0 THRU rFNERAI INSUI+ANCE UNDERWRtMI FEBD 231977 ; �� 28 48 ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION NO. 77-19 APPOINTING .JANICE LINDSEY, COUNTY WELFARE DIRECTOR, TO SERVE ON THE ECONOMIC OPPORTU- NITIES COUNCIL. RESOLUTION NO. 77-19 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that JANICE LINDSEY is appointed to serve on the Economic Opportunities Council as an appointee from the Board of County Commissioners of Indian River County, Florida. This Resolution shall become effective as of the 23rd day of February, 1977. ATTEST: Clerk i FEB 231977 BOARD OF COUNTY COMMISSIONERS OF INDIAN RI////VER COUNTY, FLORIDA By rL &4ifA G` William C. Wodtke, ., Chairman $ .485. COMMISSIONER SCHMUCKER REPORTED TO THE BOARD THAT A MEETING OF THE DATA PROCESSING STUDY COMMITTEE, CONSISTING OF HIMSELF, ADMINISTRATOR .JENNINGS, FINANCE OFFICER BILL JACKSON, STEVEN MARTIN AND WALTER MCGEE, HAS BEEN HELD, AND THEY ARE HOPEFUL OF FINDING AN UNBIASED CONSULTANT. HE NOTED THAT THE ONLY SUGGESTION THEY HAVE SO FAR IS TO GO TO A CPA, BUT THIS IS TAX TIME AND THEY ARE ALL VERY BUSY, HE ASKED FOR ANY FURTHER IDEAS IN REGARD TO OBTAINING A CONSULTANT, CHAIRMAN WODTKE SUGGESTED CONTACTING INDIAN RIVER COMMUNITY COL- LEGE OR FLORIDA INSTITUTE OF TECHNOLOGY, AND INTERGOVERNMENTAL COORDINATOR THOMAS NOTED THAT THE STATE COMPTROLLER'S OFFICE SHOULD BE ABLE TO SUPPLY INFORMATION. COMMISSIONER SCHMUCKER STATED THAT THIS COMMITTEE WILL TRY TO HOLD ANOTHER MEETING IN ABOUT TWO WEEKS, COMMISSIONER SCHMUCKER INFORMED THE BOARD THAT WE NEED TO APPOINT NINE MEMBERS TO THE COASTAL ZONE MANAGEMENT ADVISORY COMMITTEE FOR THE TREASURE COAST REGIONAL PLANNING COUNCIL, AND COUNTY PLANNER BRE,:dAN'S OFFICE WILL CHECK TO SEE WHICH MEMBERS FROM THt PRESENT COMMITTEE UNDER THE EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL WILL BE AGREEABLE TO BEING ON THE NEW COMMITTEE WITH THE NEW PLANNING COUNCIL. CHAIRMAN WODTKE DISCUSSED WITH THE BOARD THE RESOLUTION ADOPTED BY THE URBAN LEAGUE OF PALM BEACH COUNTY CASTIGATING THE COUNTIES BELONG- ING TO THE DISTRICT MENTAL HEALTH BOARD NO. O FOR ACTION TAKEN BY THEIR REPRE- SENTATIVES WHICH DENIED CALEB A. DAVIS THE OPPORTUNITY TO FUNCTION IN THE POSITION OF EXECUTIVE DIRECTOR AND ASKING THESE COUNTIES TO RECONSIDER THEIR APPOINTMENTS TO THIS BOARD, THE CHAIRMAN NOTED THAT ST. LUCIE COUNTY HAS ADOPTED A RESOLUTION REAFFIRMING THE APPOINTMENT OF THEIR REPRESENTA- TIVES, AND ALSO A LETTER HAS BEEN RECEIVED FROM ROBERT MOULTRIE, PRESIDENT OF THE URBAN LEAGUE OF PALM BEACH COUNTY, STATING THAT FURTHER STUDY WILL BE GIVEN THIS MATTER AS THE RESOLUTION DID NOT CORRECTLY EXPRESS THE FEEL- ING OR THE INTENT OF THE URBAN LEAGUE. CHAIRMAN WODTKE ASKED IF THE BOARD WISHED TO TAKE ANY ACTION ON THIS MATTER. COMMISSIONER Loy STATED THAT SHE FEELS THE WHOLE INCIDENT IS INEXCUSABLE AND WOULD CERTAINLY LIKE TO RESPOND TO THE RESOLUTION OF THE 31 FEB 2 31977 Uri0k 486 URBAN LEAGUE OF PALM BEACH COUNTY BY REAFFIRMING OUR APPOINTEE TO DISTRICT MENTAL HEALTH BOARD No, 9. COMMISSIONER Loy CONTINUED THAT CHAIRMAN WODTKE IS A VERY QUALIFIED REPRESENTATIVE FOR THIS COUNTY TO SERVE ON THE MENTAL HEALTH DISTRICT BOARD, AND THE BOARD FEELS HE HAS DONE AN OUTSTANDING JOB. HE HAS SPENT A GREAT DEAL OF TIME AND EFFORT TRYING TO MAKE THIS ORGANIZA- TION WORK, AND WE FEEL HE HAS SET AN EXAMPLE WORTHY OF OTHERS FOLLOWING. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED kESOLUTION N0. 77-22, REAFFIRMING THE AP- POINTMENT OF CHAIRMAN WODTKE TO DISTRICT MENTAL HEALTH BOARD N0. 9 AS ABOVE AND AUTHORIZED THE SIGNATURES OF THE BOARD AS A WHOLE. CHAIRMAN WODTKE REQUESTED THAT COPIES OF THIS RESOLUTION BE SENT TO GOVERNOR REUBIN ASKEW, CONGRESSMAN PAUL B. ROGERS, AND THE COUNTY COM- MISSIONS OF PALM BEACH, MARTIN, ST. LUCIE AND OKEECHOBEE COUNTIES, AND THE BOARD AGREED. FEB 2 31977 A 487 N RESOLUTION 77-22 WHEREAS, the Urban League of Palm Beach County, Inc., by Resolution adopted January 26, 1977, has falsely accused the Members of District Mental Health Board No. 9 of racism and bigotry in the selection of an Executive Director for said Board; and has requested the Board of County Commissioners of Indian River, Martin, St. Lucie, and Okeechobee Counties to reconsider their appointment to said Board; and WHEREAS, it appears from subsequent information received by the Board of County Commissioners of Indian River County, Florida, that the Urban League of Palm Beach, County, Inc. acted without full knowledge of its Board of Directors and used"the name of Richard Jorandby, Public Defender for Palm Beach County, without his knowledge or consent; and WHEREAS, The Board of County Commissioners of Indian River County, Florida, has received copies of letters written by Norman Wymbs, Chairman of the Mental Health Board No. 9, Inc., and Robert E. Moultrie, President of the Urban League of Palm Beach, County, Inc.; and WHEREAS, the Commissioners, individually for Indian River County, read with shock, Robert E. Moultrie's explanation through his letter of February 18, 1977, that he did not bother to read or study in detail the Resolution which he signed on behalf of the Urban League of Palm Beach, County, Inc.; and WHEREAS, The Board of County Commissioners of Indian River County, on behalf of its citizenry and itself, is proud of Commissioner William C. Wodtke, Jr. and the job he is doing in representing Indian River County on Mental Health Board District 9; and WHEREAS, Commissioner Wodtke is a very qualified representative for Indian River County for the position he holds on the District 9 Mental Health Board and Indian 'River County is appreciative and well -satisfied with the re- presentation it is receiving from William C. Wodtke, Jr. FEB 2 31977 r�rr488 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That: 1. The scurrilous charges made by the Urban League of Palm Beach, County, Inc. are without foundation or basis and apparently made in Resolution form without review by its President, Robert E. Moultrie. 2. The Board reaffirms its appointment of William C. Wodtke, Jr. as a member of the Mental Health Board District 9 and suggests that William C. Wodtke Jr.'s efforts and organization work on behalf of the Mental Health Board District 9 have set an example worthy of others to follow. -3. The individual Members of the Board of County Commissioners of Indian River County, Florida are individually signing this Resolution as an expresssion of confidence on behalf of William C. Wodtke, Jr. 4. Copies of this Resolution be forwarded to Governor Ruebin 0'D Askew, Congressman Paul B. Rogers, Martin County Commission, Okeechobee County Commission, Palm Beach County Commission, St. Lucie County Commission and the Urban League of Palm Beach County, Inc. This Resolution shall become effectiv/ep as of the 23rd day of February, 1977. Q41l_P � William C,,Wo#tke(Pj, ,Chairman Willard W. Siebert, jr - R. Don Deeson Edwin S. Schmucker 9 FEB 2 3197L°�� 4� 0 CHAIRMAN WODTKE NOTED THAT THERE HAS BEEN A LOT OF CONCERN ABOUT THE EMERGENCY MEDICAL SERVICES MEETING WHICH THE COUNTY REPRESENTATIVES WERE UNABLE TO ATTEND AND A LOT OF MISUNDERSTANDING IN REGARD TO THE GRANT FUNDS BEING MEANT TO BE USED FOR "911" EMERGENCY COMMUNICATIONS. INTERGOVERNMENTAL COORDINATOR STATED THAT AT THIS MEETING A RESO- LUTION SUPPORTING AN APPLICATION FOR A $409,000 EMS GRANT FOR THE 4 -COUNTY DISTRICT WAS DISCUSSED. HE NOTED THAT THE EMS DISTRICT IS INSIST'NG THAT FACH COUNTY HAVE A -FULL-TIME EMS COORDINATOR TO WORK WITH THE FIRE DEPART- MENT, POLICE, HOSPITALS, RESCUE SQUADS, ETC., AND INFORMED THE BOARD THAT OUT OF OKEECHOBEE COUNTY'S SHARE OF THE FUNDS ($21,000), $14,000 IS EAR- MARKED FOR THE FULL-TIME COORDINATOR, WHICH WOULD ONLY LEAVE THEM $7,000 FOR THE PROGRAM. CHAIRMAN WODTKE NOTED THAT OUT OF THE $29,000 INDIAN RIVER COUNTY IS SUPPOSED TO RECEIVE, $14,000 IS TO BE FOR AN EMS COORDINATOR. HE STATED THAT IT WAS INFERRED THAT AT THE MEETING LAST WEEK THEY WERE HANDING OUT GRANT MONEY WHILE THIS IS ACTUALLY ONLY AN APPLICATION FOR A GRAFT FOR 1973. CHAIRMAN WODTKE ASKED DR. FLOOD, COU:: -.Y HEALTH DIRECTOR, FOR HIS VIEWS, AND DR. FLOOD SAID HE HAD FELT THE BIGGEST AMOUNT OF THE GRANT WAS MEANT TO BE FOR TRAINING OF EMERGENCY ROOM PHYSICIANS. THE CHAIRMAN ASKED INTERGOVERNMENTAL COORDINATOR THOMAS TO KEEP THE BOARD ADVISED OF THE SITUATION. CHAIRMAN WODTKE INFORMED THE BOARD THAT HE HAD RECEIVED A REQUEST FROM THE WABASSO PROGRESSIVE LEAGUE TO BE PLACED ON THE AGENDA, BUT HAD DETERMINED THAT ALL THE ITEMS THEY WANT TO TAKE UP, EXCEPT ONE, DEAL WITH COMMUNITY DEVELOPMENT. THE CHAIRMAN CONTINUED THAT HE ADVISED THEM TO PRE- SENT THEIR CONCERN IN REGARD TO THESE MATTERS TO THE CITIZENS ADVISORY COM- MITTEE OF THE COMMUNITY DEVELOPMENT PROGRAM, AND THEN, IF THEY ARE STILL UNSATISFIED, TO COME BEFORE THE BOARD. COMMISSIONER SCHMUCKER STATED HE WILL NOTIFY THE WABASSO PROGRES- SIVE LEAGUE OF THE NEXT MEETING OF THE CITIZENS ADVISORY COMMITTEE. COMMISSIONER LOY REPORTED ON HER TRIP TO WASHINGTON IN REGARD TO THE TRACKING STATION PROPERTY AND STATED THAT EVENTS WOULD SEEM TO INDICATE THAT WE ARE NOW ON A ROAD THAT WILL ALLOW US EVENTUALLY TO ACQUIRE THIS PROPERTY, SHE NOTED THAT THE AIR FORCE AND THE STATE OF FLORIDA HAVE COME TO AN AGREEMENT ON A NEW LOCATION AT THE SOUTH END OF .JONATHAN DICKINSON PARK, AND IT IS ANTICIPATED THAT THE DOCUMENTS THAT WILL PERMIT THE AIR 35 FEB 2 3 1977 icor ?8 49® FORCE TO USE THIS LOCATION WILL BE ON THE CABINET AGENDA FOR THE MEETING OF MARCH 22ND. THIS, HOPEFULLY, WOULD OPEN THE DOOR FOR THE AIR FORCE TO INDICATE TO THE DEPARTMENT OF INTERIOR THAT THEY HAVE NO FURTHER USE FOR THE LANDS IN INDIAN RIVER COUNTY SO THEY OFFICIALLY CAN BE DECLARED "EXCESS," COMMISSIONER SOY CONTINUED THAT WE ARE VERY HOPEFUL THAT NO OTHER FEDERAL AGENCY WILL INDICATE A NEED FOR THIS PARTICULAR PIECE OF PROPERTY AND IN- FORMED THE BOARD THAT SENATOR CHILES FEELS STRONGLY THAT THE BEST "OSSIBLE USE OF THIS PIECE OF PROPERTY.WOULD BE TO GIVE IT BACK TO THE GENERAL PUBLIC. COMMISSIONER SOY FURTHER INFORMED THE BOARD THAT WHILE IN WASH- INGTON SHE CHECKED ON THE POSSIBILITY OF FEDERAL FUNDS FOR USE ON OUR SANITARY LANDFILL, AND THERE IS A STRONG POSSIBILITY THAT WHEN FUNDS DO BECOME AVAILABLE UNDER THE RESOURCE RECOVERY AND CONSERVATION ACT NEXT OCTOBER, SOME MAY BE RETROACTIVE FOR WORK THAT HAS ALREADY BEEN DONE. How - EVER, THERE ARE NO FUNDS AVAILABLE AT THE PRESENT TIME. COMMISSIONER Loy STATED THAT SHE ALSO TRIED TO ASCERTAIN THE STATUS OF OUR APPLICATION UNDER THE PUBLIC WORKS EMPLOYMENT ,ACT FOR FUNDS IN RE- GARD TO CONSTRUCTING A WATER LINE TO GIFFORD, AND THROUGH SENATOR STONE LEARNED THAT OUR APPLICATION DID MAKE THE FIRST CUT-OFF (THE CUT-OFF LINE WAS 80.8 POINTS, AND WE SCORED 80.6), AND OUR APPLICATION SHOULD BE IN AN EXCELLENT POSITION WHEN AND IF MORE MONIES ARE MADE AVAILABLE BY A NEW BILL. COMMISSIONER SIEBERT ASKED THAT THE MINUTES REFLECT THAT ALTHOUGH THIS TRIP TO WASHINGTON WAS COMMISSIONER LOY'S FIRST ABSENTEEISM IN EIGHT YEARS, SHE WAS WITH US IN SPIRIT AND HER RECORD REMAINS INTACT. THE BOARD AGREED. CHAIRMAN WODTKE ANNOUNCED THAT BECAUSE OF A NEW STATUTORY CHANGE IN ZONING PROCEDURES, THE PUBLIC HEARING REQUESTED BY EDWARD AND GENEVIEVE STAILEY HAS BEEN WITHDRAWN FROM TODAY'S AGENDA, RESOLUTION No, 77-10 EXPANDING THE AREA OF SEMINOLE SHORES SUBDI- VISION SEWER AND WATER FRANCHISE AND AN AGREEMENT AMENDING THE DATE OF THE PERFORMANCE BOND IN REGARD TO COMPLETING CONSTRUCTION OF THE WATER TREAT- MENT PLANT AND SYSTEM ARE HEREBY.MADE A PART OF THE MINUTES AS AUTHORIZED AT THE MEETING OF FEBRUARY 9, 1977. 36 FEB 2 3 1977 _�� 491 RESOLUTION NO. 77-10 BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: SECTION 1 This Resolution is an amendment to Resolution No. 74-28 adopted on April 10, 1974, by the Board of County Commissioners of Indian, River County, Florida, which is known as the "SEMINOLE SHORES SUBDIVISION SEWER AND WATER FRANCHISE." SECTION 2 The franchise area described in Section IV of Resolution No. 74-28 is hereby amended to include the following described property situated in Indian River County, Florida, to -wit: Parcel One: The South 310 feet of Government Lot 3 lying East of A -1-A, Section 27; Parcel Two: All of Government Lot 4, Section 27, except the South 220 'feet lying East of A -1-A; .Parcel Three: All of Government Lot 4, Section 28; All of the above-described properties lying and being in'Township 33 South, Range 40 East, Indian River, County, Florida. + SECTIO14 3 " That SECTION II(b) of Resolution No. 74-28 is hereby amended to read as follows: "(b) 'Subdivision' is the Grantee of rights under this franchise, to -wit: Lowell L. Lohman, Irving M. Silverman and Opal M. Silverman, d/b/a Seminole Shores Subdivision." SECTION 4 That SECTION:XXI.T of Resolution No. 74-.28 is hereby amended so that the following paragraph shall be added thereto: "The franchise and rights granted herein shall be terminated earlier, in whole or in part, in the event the County., ora municipal corporation of the State of Florida, within the territory of this franchise is capable of providing its own water and/or sewer system and/or collection and a FEB 2 31977 Fit fjr C� . 49 2 FEB 2 31977 Fit fjr C� . 49 2 treatment system, and is in a position to supply the same to individual customers, at which time, the Subdivision will convey all of its lines and easements which the Subdivision may own, free and clear of all liens and mortgages to said County or municipal corporation without charge. This does not include any force mains from other developments, but does include the lines, lift stations and easements within these developments." SECTION 5 All provisions of Resolution No. 74-28 adopted by the Board of County Commissioners of Indian River County, Florida, on April 10, 1974, shall remain in full force and effect, except as amended above, and the franchise area described above shall be subject to all the terms and conditions of Resolution No. 74-28 as if the same were included in the original Resolution No. 74-28. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida, has caused this amendment to Resolution No. 74 -28, -said Resolution having been adopted by the Board of County Commissioners of Indian River County, Florida, on April 10, 1974, and which is known as the "SEMINOLE SHORES SUBDIVISION SEWER AND WATER FRANCHISE," to be executed in the name of the County of Indian River by the Chairman of the Board of County Commissioners, and its seal to be affixed, and attested by its Clerk, this 6- t -k day of February, A.D., 1977. Signed, sealed and delivered in the presence of: s as both par _es C COUNTY OF INDIAN RIVER, FLORIDA William 20-4--t7 Wodtke, r., as Chairman of Board of County Commissioners Attest: i /0-� -,-j-1 • Freda Wright, Cler FEB 2 3 1977 : '.3 ACCEPTANCE LOWELL.L. LOHMAN, IRVING M. SILVERMAN and OPAL M. SILVERMAN, doing business as Seminole Shores Subdivision, hereby accept the foregoing amendment to Resolution No. 74-28 adopted on April 10, 1974, by the Board of County Commissioners of Indian River County, Florida, which is known as the "SEMINOLE SHORES SUB- DIVISION SEXIER AND WATER FRANCHISE," and for them and their successors and assigns, do hereby covenant and agree to comply with and abide ay all of the terms, conditions and provisions therein set forth and contained. DATED at Vero Beach, Indian River County, Florida, this s�<C day of February, 1977. SEMINOLE SHORES SUBDIVISION o ell L. Vohffiari, as Authorized Agent STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the state and county aforesaid to take acknowledg- ments, personally appeared LOWELL L. LOHMAN, as Authorized Agent for Seminole Shores Subdivision, and he acknowledged to and before me that he executed the foregoing instrument for the uses and purposes therein expressed. WITNESS my hand and official seal in the state and county aforesaid this day of February, 1977. Notary Public, State of Florida at Large. My commission expires: FEB -231977 • aook 1?8 � -494 LAW OFFICES VOCELLE, GALLAGHER BLOCK P. 0. BO% 1900 FERC BEACH, FLORIDA 32960 FEB 2 31977 �7 AGREEMENT THIS AGREEMENT made and entered into this 9th day of February, 1977, by and between LOWELL LOHMAN, IRVING M. SILVERMAN and OPAL M. SILVERMAN, doing business as Seminole Shores Subdivision, hereinafter referred to as Parties of the First Part, and INDIAN RIVER COUNTY, FLORIDA, a political sub- division of the State of Florida, by and through its Board of Countv Commissioners, hereinafter referred to as Party of the Second Part; W I T N E S S E. T H: WHEREAS, the Parties of the First Part are the owners of the following -described property located in Indian River County, Florida, to -wit: and The North 330 feet West of State Road A -1-A of Government Lot 4, Section 27, and the North 330 feet East of Indian River of Government Lot 4, Section 28, all in Township 33 South, Range 40 East, WHEREAS, the Parties of the First Part are desirous of obtaining final plat approval for said property; and WHEREAS, the Party of the Second Part requires that the Parties of the First Part complete construction of a water treatment plant and system on said property within one (1) year from the date of the proposed final plat approval; and WHEREAS, the Party of the Second Part requires that the Parties of the First Part present a performance bond guarantee the completion of said water treatment plant and system within the said one-year period; NOW, THEREFORE, for and in consideration of the mutual covenants and conditions hereinafter contained, the parties h do hereby agree as follows: 1. That the Parties of the First Part will completely construct a water treatment plant and system on the above- described property in accordance with the plans and specifica- tions as set forth by the project engineer within one year from the date of final plat approval by the Party of the Second Part. 2.. That the Parities of the First Part will obtain a performance bond in the amount of $25,000.00 to guarantee that 800k, 28 . , 495 I M M . the said water treatment plant and system will be completed within one year in accordance with the plans and specifications. 3. It is agreed between the parties that if said water treatment plant and system is completed within the one -ye period according to the plans and specifications and approved and accepted by the Party of the Second Part, then the said performance bond will be released and of no further force and affect; but in the event said water treatment plant and system are not satisfactorily completed within said one-year period, then the Party of the Second Part will have the right to call this agreement in default and require the bond to become due, whereupon the Party of the Second Part will use said bond proceeds to complete the water treatment plant and system on said project. 4. This agreement is binding upon the heirs, personal representatives, administrators, successors and assigns of the Parties of the First Part. IN `FITNESS WHEREOF, the said parties have caused this agreement to be executed the day and year first above written. Signed, sealed and delivered in a presence of: PARTIESo9F THE FIRST P T• ;G „y _ � 1_'Lowe11 Lohman, as tVarty . o fes'. - ..ry . Part LAN/ OFFICES VOCELLE, GALLAGHER BLOCK P. B. BO% 1900 VERO BEACH, FLORIDA 32966 FEB 231977 Op�l M. Silverman PARTY OF THE SECOND PARS: INDIAN RIVER COUNTY, FLOR A 2K& By: . I � �'6' , William C. Wodtke, JV-, as C man of Board of County Commissioners Attest: Jh , cier floor ?8 496 J I, EDWIN S. SCHMUCKER, do hereby certify that I am a duly qualified engineer and that I am the engineer of record for SEMINOLE SHORES SUBDIVISION, and I do hereby certify that all of the improvements in this subdivision are in accordance with the approved plans and specifications and that there is no outstanding indebtedness due for said improvements. Dated this 8th day of February, 1977. Edwin S. Schmucker, P. E. Sworn to and subscribed before me this 8th day of February, 1977. Nota�ic, State of Florida at Large. My commission expires: May 24, 1977 FEB 2 31977 Book ?8 497 E R To be attached to rind forma part of Bond No. LB 638877 is sued by Florida Farm Bureau Mutual Insurance Company as surety, to favor of. the County of Indian River on behalf of Lowell Lohman & Irving Silverman it is agreed dolt the Date of Agreement is corrected to read that the named principal and Indian River County did on the 9th Day of —�YBa,Yy—e�1:t"��-irI"to a`con�trac Signed, scaled ..oid rka ed February 9, 1977 �. .Florida Farm Bureau Mutual Insurance Co. Surety 8 .R. Taylor ttorney-in-Fact FEB 231977 nr�r 8 _ 498 7- FLORIDA - I `dx fiM, FARPA y.BUREAU a a i ..i INSURANCE ,fid [ »ly. CO. k,,yf P. • BOX 730 GAINESVILLE, FLORIDA 32602 CERTIFIEDC ., • W-100 POWER OF ATTORNEY Know all Men by these Presence: That THE FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, a corp,,,ation duly organized and existing under the laws of the State of Florida, and having its principal office in The City of Gainesville, Florida, hath made, constituted and appointed, and does by these presents make and constitute and appoint ROYCE CHET' _R and/or J. R. TAYLOR its true and lawful Attorney -in -Fact, to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings required in amounts not exceeding ONE HUNDRED THOUSAND DOLLARS ($100,000.00) and to certify copies of this Power of Attorney under seal of said Company, and the execution of such bonds or undertakings in pursuance of these presents, shall be binding upon said Company as fully and amply, to all intents and purposes, as if such bonds were signed by the President, sealed with the common seal of the Company, and duly attested by its Secretary, hereby ratifying and confirming all the acts of said Attomey-in-Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of the following resolutions adopted by the Board of Directors of The FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY at a meeting duly called and held on the 16th day of June, 1965. Resolved: That the President, or any Vice President, may execute for and in behalf of the Company any and all bonds, reeognizences, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary end the seal of the Company affixed thereto by the Secretary, or any Assistant Secretary, and that the President, or any Vice President, may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the seal of the Company thereto; and that the President, or any Vice President, may at any time remove any such Attorneyan-Fact and revoke all power and authority given to any such Attorney -in -Fact. Resolved: That Attorneys -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary, and, further, Attorneys -in -Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and are, also, authorized and empowered to certify to a copy of any of the by-laws of the Company as well as any resolution of the Directors having to do with the execution of bonds, recognizances, contracts of indemnity, and to certify copies of the Power of Attorney and all other writings obligatory in the nature thereof, or with regard to the powers of any of the officers of the Company or of Attomays4n-Fact. In Witness Whereof, FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, has caused these presents to be signed by its President and its corporate seal to be hereto affixed, duly attested by its Secretary on this 9th Day OF February 1977 THE FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY (SEAL) u , O BY Attest: Secretary STATE OF FLORIDA COUNTY OF ALACHUA On the date of the execution of the preceding instrument, before me personally came the above-mentioned President and Secretary of THE FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument and they acknowledged the execution of the same, and being by me duly swum, severally and each for himself deposeth and sayeth, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company and that the said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company, 1-2.690 (REV. 6775) NOTARY PUBLIC, STATE OF FLORIDA AT LARGE My COMMISSION EXPIRES OCTOBER 17, 1978 FEB 2 31977 ., a 28 i 499 PERFORMANCE BOND LB 638877 KNOW ALL MEN BY THESE PRE'SE'NTS: That we, the undersigned Lowell Lohman & Irving Silverman as principal, and Florida Farm Bureau Mutual Insurance Company as surety, are hereby held aiid firmly bound unto Indian River County in the sum of Twenty Five Thousand and 00/100 ----- ($25,000.00) -- Dollars, for the pnyrnent of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors , administrators, successors and assigns. THE CONDITIONS OF THE A13OVE OBLIGATION are such that whereas the above named principal and Indian River County did on the 9 th day of February 19 77 , enter into a contract with (% iiidian River County for the construction of A water Treatment Plant, in the property lmown as Seminole Shores Subdivision which said contract is made a part of this bond the same as though set forth therein: NOW: THEREFORE.: if the said Lowell Lohman & Irving Silverman shall well and faithfully do and perform the things agreed by Lowell Lohman & Irving Silverman and Indian River County to be done and performed according to the terms of said Contract and shall pay all lawful claims of subcontractors, material men and laborers, for labor performed and materials furnished in the carrying forward, performing or completing of said contract, we agreeing and assenting that this undertaking shall be for the benefit of any material men or laborers having a just claim as well its for the obligee herein, then this obligation shall be void; otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the surety for any and till claims hereunder shall in no event exceed the amount of this obligation as herein stated. And the said surety, for value received, It stipulaites and agrees that no change, extension of time. alteration or additions to the terms of the contract or to the work to be performed thereunder or the EY,;cifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time , alternation or addition to the terms of the contract or to the work or to the specifications. Signed this 4th day of February 19 77 (Principal must indicate whether Corporation, Partnership, Company or Individual) Principal Resident Agent: Donald L. Hancock By: FEB Vice -President By: Lowell Lohman & Irving Silverman, Individuals Title By: Florida Farm Bureau Mutual Insurance Co. Surety Taylor, AttXy-ir_-Fact ifG��� 28 1. 500 FLORIDA FARM BUREAU MUTUAL INSURANCE CO. P. 0. BOX 730 GAINESVILLE, FLORIDA BrcERTIFIEDCl�It+FSA x c.. 65400 POWER Know all Agan by these Presents: Thct THE FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, a corporation duly organized and existing under the laws of the State of Florida, and having its principal office in The City of Gainesville. Florida, hath made, constituted and appointed, and does by these presents make and constitute and appoint ROYCE CHESSER and/or J. R. TAYLOR its r •e and lawful Attomey-ln-Fact, to make, execute, seal and deliver for and on its behalf as surety any and all bonds or undertakings required in amounts not exceeding ONE HUNDRED THOUSAND DOLLARS ($100,000.00) and to certify copies of this Power of Attorney under seal of said Company, and the execution of such bonds or undertakings in pursuance of these presents, shelf be binding upon said Company as fully and amply, to all intents and purposes, as if such bonds were signed by the President, sealed with the common seal of the Company, and duly attested by its Secretary, hereby ratifying and confirming all the acts of said Attomey-in-Fact pursuant to the power herein given. This Power of Attorney is made and executed pursuant to and by authority of the following resolutions adopted by the Board of Directors of The FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY ata meeting duly called and held on the 16th day of June, 1865. Resolved: That the President, or any Vice President, may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, the same to be attested when necessary and the seal of the Company affixed thereto by the Secretary, or any Assistant Secretary, and that the President, or any Vice President, may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the seal of the Company thereto; and that the President, or any Vice President, may at any time remove any such Attorney -in -Fact and revoke all power and authority given to any such Attorney -in -Fact. Resolved: That Attorneys4n-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney4n-Fact shall be as binding upon the Company as if signed by the President and sealed and attested by the Secretary, and, further, Attorneys -in -Fact are hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and are, also, authorized and empowered to certify to a copy of any of the by-laws of the Company as well as any resolution of the Directors har'.'g to do with the execution of bonds, recognizances, contracts of indemnity, and to .certify copies of the Power of Attorney and all other writings obligatory in the nature thereof, or with regard to the powers of any of the officers of the Company or of Attomeys4n-Fact. In Wftnew Whereof, FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, has caused thesepresents to be signed by its President and its corporate seal to be hereto affixed, duly attested by its Secretary on this4th Day of February 1977 THE FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY (SEAL) O BY � F id ent Attu: Secretary STATE OF FLORIDA COUNTY OF ALACHUA On the date of the execution of the preceding instrument, before me personally came the above-mentioned President and Secretary of THE FLORIDA FARM BUREAU MUTUAL INSURANCE COMPANY, to me personally known to be the individuals and officers described in and who executed the preceding instrument and they acknowledged the execution of the same, and being by me duly mom, severally and each for himself deposeth and sayeth, that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the corporate seal of said Company and that the said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Company. 1-2-2-j899}0 (REV. 6775) NOTARY PUBLIC, STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES OCTOBER 17, 1978 peat. T. 501 FEB 231977 FULLY SIGNED COPY OF APPLICATION AND AGREEMENT WITH FLORIDA DEPARTMENT OF STATE, DIVISION OF LIBRARY SERVICES FOR GRANT FOR THE FISCAL YEAR OCTOBER 1, 1976 THROUGH SEPTEMBER 7O, 1977, IS HEREBY MADE A PART OF THE MINUTES. NUTES 47 FEB 231977 FLORIDA DEPARTMENT OF STATE DIVISION OF LIBRARY SERVICES APPLICATION AND AGREEMENT FOR STATE AID TO LIBRARIES The Board of County Commissioners of INDIAN RIVER County hereby applies to the Division of Library Services of the Florida Department of State for an operating grant for public library service as authorized under Chapter 257, Florida Statutes, for the fiscal year begin- ning October 1, 1976, and ending September 30, 1977. We certify that the following amounts were expended for the opera- tion of public library service during the fiscal year ending September 30, 1975. Local Expenditures, October 1, 1974 - September 30, 1975 ...........$ 107,666.75 Less, State Aid ...............................$ 4,72.8.00 Less, LSCA Program Grants Workroom addition F new roof Less, Any Funds not Expended Centrally ........... __U4U 8x4 Total Local Expenditures Qualified for Matching ..$ 78,630.32_ We certify that the following amounts, exclusive of federal and state grants, will be available and expended for public library use during fiscal year 1976-77. County Appropriations (County funds from local $ 67,500 sourcesonly) ................................. *City Appropriations (City funds from local .$ sourcesonly) ................................. Other (specify) rAntaJs.,..fines,.gifts .......... $ 29,324 i►1@m9x.3,�] s.,..nor�-xesirlerat. fees,.. copier...... reserves, -book sales *Append an affidavit from each city providing funds. TOTAL $ 96,924 This library service is provided through contracts with the follow- ing cities and counties: - The yield of a one mill tax in this county is n /a 76-A1 FEB 2 31977 0.001 µ:.5Q3 The Applicant agrees to expend any grant(s) awarded pursuant to this Application and Agreement in full compliance with the terms and conditions of Chapter 257, Florida Statutes, and Chapter 1B-2, Florida Administrative Code, relating to county free public libraries and the State Library, which Chapters are incorporated by reference as part of this Application and Agreement and attached hereto. Clerk of ( -the C cult Court Se tembe 22 1976 Date Chairman, INDIAN RIVER Cou ty Board of County Commissioners The Division of Library Services of the Florida Department of State acknowledges receipt of the aforegoing Application and hereby approves said Application for grant(s) in the total amount of $ 5,147 dated this 'day of'&" , 1976, at aha s 1. 'da. 0 Attest: 4"�z CECIL P. BEACH, DIRECTOR Division of Library Services &am Florida Department of State FEB 2 31977 BID au ..niNT .h,..-50'4 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 PHOS. 542911 - 54372 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 LEGISLAliVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES. THERE BEING NO FURTHER BUSINESS, ON POTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 12:45 O'CLOCK F.M. ATTEST: CLERK 50 ;Uca� Q - CHAIRMAN Boot C 505 FEB 2 31977