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HomeMy WebLinkAbout3/9/1977WEDNESDAY, MARCH 9, 1977 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, MARCH 9, 1977, AT 8:30 O`CLOCK A.M. PRESENT WERE 11ILLIAM C. WODTKE, .JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; 14ILLARD 11. SIEBERT, JR.; EDWIN S. SCHMUCKER; AND R. DON DEESON, ALSO PRESENT WERE JACK G. JENNINGS, COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLiN S, JR., ATTORNEY TO THE BOAKj OF COUNTY COMISSIONERS; 14ILLIAM P. .JACKSON, FINANCE OFFICER; .JAMES .REAMS, DEPUTY -SHERIFF; AND VIRGINIA HARGREAVES, DEPUTY CLERK, THE CHAIRMAN CALLED THE MEETING TO ORDER. ADMINISTRATOR .JENNINGS LED THE PLEDGE OF ALLEGIANCE TO THE -FLAG, AND REV. .TAMES RATCLIFF OF CHRIST UNITED METHODIST EY -THE -SEA GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF -THE REGULAR MEETING OF FEBRUARY 23, 1977. r -� n y0i•ihiSSiONER SIEBERT kEQUESTED THAT ON rAGEn t, GNU PARAGRAPH, THE SECOND SENTENCE BE CORRECTED TO READ, "HE MENTIONED THE POSSIBILITY OF HAVING THE PERMITTING SECTION OF THE HEALTH DEPARTMENT LOCATED CLOSE TO THE BUILDING, ZONING AND PLANNING DEPARTMENTS." COMMISSIONER SIEBERT REQUESTED THAT ON PAGE 24, IST PARA- GRAPH, THE PER ACRE PRICES BE CORRECTED TO READ $2,150.00 AND $2,200.00 I.ISTEAD OF $21,500.00 AND $22,000,00. COMMISSIONER SIEBERT REQUESTED THAT ON PAGE 32, THE MOTION BE CORRECTED TO SHOW THAT CHAIRMAN 1,ODTKE DID VOTE AND TO READ AS FOLLOWS: "ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE.BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 77-22, REAFFIRMING -THE APPOINTMiENT OF CHAIRMAN WODTKE TO DISTRICT MENTAL HEALTH BOARD HO. 9 AS ABOVE AND AUTHORIZED THE SIGNATURES OF THE BOARD AS A WHOLE." COMMISSIONER LOY ASKED THAT ON PAGE 12, 5TH PARAGRAPH, "PATE'S" BE CORRECTED TO "YATES." COMMISSIONER DEESON REQUESTED THAT ON PAGE 31, 5TH PARAGRAPH, 29 91977 � �� 3RD LINE, THE WORD "TO" BE INSERTED BEFORE "THE DISTRICT MENTAL HEALTH BOARD,,." THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 23, 1977, AS WRITTEN, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR PERMIT TO CARRY A CONCEALED FIREARM OF WILLIAM B. BLOTZER. ON MOTION BY COMMISSIONER. SIEBERT, SECONDED BY COM"1ISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR PERMIT TO CARRY A CONCEALED FIREARM OF THE FOLLOWING: J. LESTER POYNER, KENNETH MACKENZIE, CLAUDE ELMER BARKER, AND ALLEN CRAIG FLETCHER. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR .JUDITH WAKEFIELD, COUNTY EXTENSION DIRECTOR, AS FOLLOWS: MARCH 9 - SEBRING ADMINSTRAT�VE CONFERENCE - MEETING WITH TATE XTENSION PEOPLE TO RECEIVE !NSTRUCTI N ON PREPARING PLANS OF WORK FOR 1977/78. MARCH 19 - WEST PALM BEACH FLORIDA HOME ECONOMICS ASSOCIATION - (SATURDAY) DISTRICT MEETING. (SHE IS RESPONSIBLE FOR PART OF THE PROGRAM,) MARCH 30 - COCOA DISTRICT XII 4-H COUNCIL MEETING (4-9 P.M.) ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR PETER SPYKE, AGRICULTURAL AGENT, AS FOLLOWS: MARCH 9 - SEBRING ARS, DMINISTRATIVE CONFERENCE (TRAVEL WITH WJAKEFIELD) MARCH 29-30 - GAINVESVILLE NEW AGENT TRAINING (STATE FUNDS) ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED STATE WJITNESS PAYROLLS, CIR- CUIT COURT, FALL TERM, 1976, IN THE TOTAL AMOUNT OF $420,14, GREGG CLARK, CITY -COUNTY URBAN FORESTER, APPEARED AND GAVE THE FOLLOWING REPORT ON THE BIDLINGMAYER PROPERTY: 2 M The legal description of Mr. Bidlingmayer's property is Sec. 32, T.33S, R.40E. The property is situated on the extreme southwest section of the County, near the St. Lucie line, within the Vero Shores development. The property is accessible by U.S X , a major highway which passes the Vero Shore development, where the property is located. The south -side of'the property is bordered by a medium-sized trailer park. The western side is adjacent to some orange groves, the southwestern grove being abandoned, while the northwestern grove is still producing. The north side is bound by hammock and pines, while the east side is adjacent to Vero Shores and a oak -palm hammock. Within the southern half of the property is found the driveway system, allowing adequate access to that portion of the property. The northern section is lacking any permanent travel system. There is very thick veg- etation and that would hinder movement at the present time. In the center of the property is found the house and the yard.area. Within the yard are planted various species of palm trees that enhance the site. There are three.plant communit4es found on the property and they are as follows: 1) Located in the extreme southwest corner is one of the last remaining hardwood hammock communities in Indian River County. This environment is unique because it has some native tropical species. Development of these hammock areas has caused the loss of the under story plant communities where many of our valuable native species are found. Some species found in this community are Gumbo limbo (Bruseea simaruba), Motic (Sideroxylon fortidissium), Red Stopper (Eugrenia confusa), White stopper (E. axillaris), Spanish Stopper (E. simponii), Red bay (Persea barbonia), Live Oak (Quercus virginiana) and Cabbage Palm (Sabel palmetto).. 2) The western half of the property -is composed of a Slash Pine ridge. This community has primary -importance in a water recharge capacity. The dominant species found here are Slash Pine (Pinus carribae) and Saw Palmetto (Sereno repens). Fire has played the major role in maintaining this area in a subclimax Mage, not allowing more shade tolerent hardwood species to encroach. 3) The third major plant community, Oak -Palm hammock, composes the east- ern portion of the property. This plant environment is found in wet areas and along fresh -water streams. Some species that may be found in this community are Live Oak (Quercus virginiana), Cabbage Palm (Sabel palmetto), Saw Palmetto (Serenoa repens), Red Maple (Acer rubrum), Laurel Oak (Quercus laurifolia), Sweet bay (Magnolia virginiana),.Wild Coffee (Colubrina arboresuns) and sometimes Bald Cypress (Taxodium distichum). There is also a small area of Cabbage Palm (Sabel Palmetto) that may have been planted or occured naturally and have held their own against succession by the surrounding oaks. ;•;� There is a slight depression that runs between the Slash pine ridge area and the Oak -palm hammock which dates back to the pleistocene Era. At that time, } the small depression that is found today was perhaps a twenty (20) foot canyon then. The formation of this canyon occured when the acid -rich run- off from the pine ridge encountered the alkaline limestone deposits found s under the Oak -Palm hammock. The run-off set off a chemical reaction that caused part of the lime stone to be desolved, creating the canyon and fresh s water stream. This property is one of the sites where the fresh water from the ancient streams drained out into the ocean, creating a brackish delta. The legal questions arising from this transaction will not be discussed in i this paper. Generally Mr. Bidlingmayer would like a tax break on the land he owns by donating it to the County after he or his wife or both are gone. He stipulates that a conservation minded organization and at the present time, Trust for Public Lands have been chosen, decides how the land will 1 remain in a natural state and serve the proposes of showing the public in the future how natural areas existed in Florida. The sheet .with various species was compiled by Mr. Bidlingmayer over the years. i A. Priginal LOCAL NATIVE TREFS 1. Acer rubrum red maple 2. Anamomis dicrana nakedwood 3. Ardisia escalloniodes marlberry ' 4. Diospyros virginianum persimmon 5. Erythrina arborea coral bean 6. Eugenia axillaris white stopper 7. Ficus aurea strangler fig " 8. Gordonia lasianthus loblolly bay 9." Ilex cassine dahoon holly + 10. Morus rubra red mulberry I 11. Myrica cerifera wax myrtle �. 12. Persea borbonia red bay 13. Pinus carribae slash pine 14. Quercus Chapmanii 15. Quercus laurifolia laurel (water) oak • 16. Quercus myrtifolia myrtle oak 17. Quercus virginiana live oak. 18. Rapanea guianensis 19. Rhus copallina shining sumac i; 20. Sabal Palmetto cabbage palm 21. Salix longipes coastalplain willow 22. Ximenia americana tallow wood 23. Zanthoxylum clava herculis b B. Added ! 1. Acacia farnesiana 2. Amyris eiemifera torchwood 3. Annona glabra pond apple 4. Bumelia angustifolia 5. Bumelia tenax 6. Busera simaruba gumbo -limbo . 7. Capparis flexuosa limber caper 8. Carya aquatics water hickory - 9. Chrysophyllur^ oliveformc satin leaf. i 10. Celtis occidentalis hacR6erry 11. Chrysobalanus icaco Coco plum i 12. Citharexylum fruiticosum fiddlewood 13. Cocolobis laurifolia pigeon plum 14. Cocolobis Uvifera sea grape 15. Eugenia buxifolia boxleaf stopper 16. Exothea paniculata butterbough 17. Forestiera acuminata swamp privet ' I 18. Juniperus silicola Florida red cedar 19. Krugiodendron ferreum iron wood ' t 20. Liquidambar stryaciflua sweet gum 21. Magnolia grandiflora magnolia 22. Magnolia virginiana white bay 23. Nyssa sylvatica biflora black gum 24. Ocotea coriacea lance wood - 25. Osmanthus floridana devil wood 26. Prunus caroliniana cherry laurel 27. Quercus nigra water oak 28. Randia aculeata 29. Schoepfia chrysophylloides white wood 30. Sideroxylon foetidissimum false mastic - 31. Sophora tomentosa necklace pod 32. Taxodium distichum bald cypress • 33. Torrubia longifolia long leaf blolly 34. Ulmus floridan Florida elm 35. Viburnum obovatum j 36. Zanthoxylum fagara wild lime 1 Other Florida Trees I I. Cocothrinax argentata silver thatch palm 2. Jacquinia keyensis joewood 3. Liriodendron tulipifera tulip tree 4.• Lysiloma bahamensis 5. Piscidia piscipula florida dogwood 6. Plantanus occidentalis sycamore 7. Prunus myrticola carribbean cherry laurel 8. Pseudophoenix ssrgentii Sargent's palm 9. ` Roystonea elata florida royal palm • 10. Sapindus marginatus soapberry 11. Sapindus saponaria soapberry 12. Simarouba glauca paradise tree 13. Swietiena mahagoni mahogany 14. Thrinax floridana florida thatch palm 15. Thrinax microcarpa key thatch palm MAR • 91977: r 29 � - 04 � P . COMMISSIONER SIEBERT ASKED IF THERE WAS ANY FURTHER INFORMA- TION IN REGARD TO THE BIDLINGMAYER'S NEGOTIATION WITH THE TRUST FOR PUBLIC LANDS. ATTORNEY COLLINS STATED ;HAT HE HAD TALKED WITH THE BIDLING- MAYERS AFTER THE LAST MEETING, AND THEY WISHED TO GO AHEAD WITH THE PROJECT BUT WERE CONCERNED AS TO WHICH DIRECTION THEY WOULD TAKE. THEY WERE GOING TO REFORMULATE THEIR IDEAS AND COME BACK TO THE BOARD 4GAIN, BUT NOTHING FURTHER HAS BEEN HEARD. DISCUSSION CONTINUED WITH REGARD TO THE UNIQUE ENVIRONMENT ON THISPROPERTY. CHAIRMAN WODTKE REQUESTED THAT THE ATTORNEY CHECK WITH MR. BIDLINGMAYER TO SEE IN WHAT DIRECTION THEY WISH TO PROCEED. INTERGOVERNMENTAL COORDINATOR THOMAS REQUESTED THE BOARD TO ADD AN EMERGENCY ITEM IN REGARD TO FEDERAL REVENUE SHARING TO TODAY'S AGENDA BECAUSE OF A MARCH. 10TH DEADLINE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO ADD TO TODAY'S AGENDA THE EMERGENCY ITEM REQUESTED BY THE INTERGOVERNMENTAL COORDINATOR. COORDINATOR THOMAS INFORMED THE BOARD THAT DUE TO A CHANGE OF LAW IN REGARD TO REVENUE SHARING, IT IS NECESSARY TO AUTHORIZE THE CHAIRMAN TO SIGN A STATEMENT OF ASSURANCES IN REGARD TO THE ENTITLEMENT S ALLOCATION OF FEDERAL REVENUE SHARING FUNDS IN THE AMOUNT OF $454,508.00. HE NOTED THAT ATTORNEY COLLINS HAS REVIEWED THE DOCUMENT AND APPROVED IT FOR SIGNATURE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN THE STATEMENT OF ASSURANCES FOR ENTITLEMENT S OF FEDERAL REVENUE SHARING, 5 AR 91977 ���i` 29 :::5 � F - ,, .... .... ... � ..... .SAN.:... _.. � v ... .. .-.. .mr..u...�: ... .... ....}: •,�-. .. .... generalrevenue sharing STATEMENT of ASSURA.NCES•' I. GENERAL ASSURANCES (applies to all governments) i The recipient government assures that it will: 4(1j Establish a trust fund and deposit all revenue sharing ACCT NO '10 1 031 031 j funds received in that trust fund, according to regulations prescribed by the Office of Revenue Sharing. ..INDIAN RIVEt. COUNTY j � I 2Use revenue sharing funds within a reasonable time COUNTY CLERK tFwo) from the end of each entitlement period) according to regulations prescribed by the Office of IND IAN RIVER COUNTY i : Revenue Sharing. VERO BEACH FL.OR IDA •32960 (3) Not use entitlement funds for lobbying purposes. (t4) Provide for the expenditure of revenue sharing funds i fn accordance with the laws and procedures applicable to i the expenditure of its own revenues. (5) Use fiscal accounting and audit proceduresas spec- EP 8 ALLOCATION $454,508 a filed by the Office of Revenue Sharing; provide access to and the right to examine books, documents, papers • or records for purposes of reviewing compliance with this waived by the Director of Revenue Sharing for a fiscal Act; and make such reports as the Director may reason- year if the Chief Executive Officer assures: ably require. (6) Comply with the prevailing wage provisions at the Davis -Bacon Act on any construction project costing in ❑ (1) The unavoidable expenses associated with holding a public hearing on how the entitlement funds ° excess of $2,000 when 25 percent or more of the costs are to be used, Including such expenses as the rental of such project are paid out of revenue sharing funds. of a meeting place, overtime compensation, and similar direct costs, exceed 55/6 of a recipient govemment's o (7} Pay individuals employed In jobs financed in whole entitlement for a fiscal year. o br In part out of revenue sharing funds wages not lower than the prevailing rates of pay for persons employed by Documentation shalt be retained by the recipient t it in similar public occupations. This provision does not app►;� to an employee or employees ir. any program ;ate- government as part of its financial records and shall be subject to public inspection and audit verification. m gory who are being paid in whole or in part with general revenue sharing funds unless 25 percent or more of the When requested by the Director, such financial records shall be submitted within 15 days of the request. y e •+ aggregate wages paid to all employees in that category are paid from revenue sharing funds. B. Budget Hearing O O (8) In case of the governing body of an Indian tribe or Alaskan native village, spend revenue sharing funds for Requirement Section i21(b)(2} of the the State and LoFiscal e 0 the benefit of members of the tribe or village residing In the county area from which its revenue sharing funds Assistance Act of 1972, amended, requires re- cipient government to hold a public hearing on how ;n were allocated. revenue sharing funds are to be used in relation to its P entire budget before the budget is finally enacted. 5 (9) - Not exclude from participation in, deny the benefits ot, or subject to discrimination under any program or Waiver Provisions o activity, any person in the U.S. on the grounds of race, his b This budget hearing requirement may be waived b be waived got `r color, national origin, or sex. Not discriminate on the / basis of age under the Age Discrimination Act of 1975, orSection the o the Office of Revenue Checkg• 51.14(1) of the revenue sharing regulations, • '. with respect to an otherwise qualified handicapped indi- ODly for any recipient government which assures one of the to sl vidual as provided in Section 504 of the Rehabilitation Act one following: ' of 1973, or religion except that any exemption from such block (1) State or local laws exists which requires a prohibition against discrimination on the basis of religion `u`blic hearing on the budget which meets the require - p as provided in the Civil Rights Act of 1964, or Title Vlll of April 11, 1968, shall also apply. ments of Section 121(b)(2) of the Act and such State or local law has been complied with. Cite the applicable section of the State code or local ordinance: IL SPECIAL PUBLIC PARTICIPATION & PUBLIC HEARING ASSURANCES A. Proposed Use Hearing (does not apply to governments (Do not submit a copy unless specially requested by ORS) • receiving less than $10,000 for a fiscal year — see Instruction A(6)) ' Q (2 Neither State nor local law requires the enact - ) q • + ment of a single budget. Requirement Section ) of the State and Local Fiscal ❑ (3) Neither State nor local law requires the adoption ! • Assistance Acctt oof 19 f 1972, as amended, requires the Chief of a fori b t d formal process. i Executive Officer or other governmental authority re- If paragraph. (1), (2), or (3) is checked, the recipient � sponsible for presenting a budget, to hold a hearing on how the revenue sharing funds are to be used not less government thereby assures the Director that alter - native means are being employed by which the public than seven (7) days before the budget is presented to the governmental body responsible for enactment. has adequate opportunity to participate in the govern - ment's budget process consistent with the requirements Waiver Provision of Section 121(b) of the Act and Section 51.14 of the The proposed use hearing requirement may be regulations. YOUR CHIEF EXECUTIVE OFFICER IS REQUIRED TO SIGN ON THE BACK OF THIS FORM. ORSL-GS.1 January 1977 00400263.1 MAR 91977 anj p �+i; d"a�06 , . • V is i • .. .. , «.. •. ,.J•,l.• '•. •.tom,, , LILgeneral '� revenue E] ...... i sharing -STATEMENT of ASSURANCES: (continued) <.. Documentation establishing eligibility of such a waiver the recipient government as a part of its records and under paragraph (1), (2), or (3) shall be retained by shall be subject to public inspection and audit verifi- the recipient government as part of Its records, and cation. When requested by the Director, supporting shalt be subject to public Inspection and Federal audit documentation shalt be submitted within 15 days of j verification. When requested by the Director, such the request. documentation shall be submitted within 15 days of the request. %• 111. Special Accounting, Auditing, and Evaluation Assurances — _ 'Publication (does not apply to governments receivir+^ less than $25,000 C. for a fiscal year - see instruction A(6)) Requirement Requirement Section 121(c)(1) of the Slate and Local Fiscal Section 123(c)(1) of the State and Local Fiscal Assistance Act of 1972, as amended, requires a recipient government to publish in a newspaper of general cir- Assistance Act, as amended, and Section 51.101(a) of the culation within its geographic area, a notice of the regulations promulgated thereunder require a recipient government to have an independent audit of its financial budget hearing and a summary of the enacted budget statements conducted in accordance with generally ac- Waiver Provisions cepted auditing standards not less often than once every The publication requirements may be waived by the three years, and Include an audit of the entire three years. Check Director of the Office of Revenue Sharing under Section Waiver Provisions only 51.14(8) of the regulations for any recipient government which assures one of the following: The above requirements shalt not apply if the Chief o one Check Executive Officer assures one of the following: to block ❑ (1) Publication of proposed use of entitlement only ❑ (1) Government financial statements are audited by z funds and budget summaries is impractical or unfeasi- one Independent public accountants or independent auditors ble, and an alternative method will be used. Documen- ble,tati block In accordance with State or local law. Such independent rr C n describing the alternative method which informs describingwhich audits are conducted in accordance with generally ac- the citizens the jurisdiction regarding use cepted auditing standards, not less than once every three � meat funds shall be retained be the recipient govern- p years and include an audit of the entire three years. , y ment as a part of its records and shall be subject to o public inspection and audit verification. When re- r7 (2) A series of independent audits are conducted over quested by the Director, supporting documentation a period of time, in accordance with generally accepted shall be submitted within 15 days of the request. auditing standards which does not exceed three fiscal a ❑ • (2) Tlie cost of publication of oudgei summaries years, covering ali the accounts for the three-year period. -. - will exceed one percent of the entitlement funds to ❑ (3) Government financial accounts are not currently c' ' which the budget applies. Documentation supporting auditable. (If it is not known whether the financial accounts o the costs In excess of one percent shall be retained by are auditable, refer to Section 51.102 of the regulations.) a I hereby assure the Director of the Office of Revenue Sharin that with res g pest to payment received under the Act, to w the mandatory requirements of the State and Local Fiscal Assistance Act of 1972 (as amended) enumerated in Section e sof the foregoing assurances will be compiled with by the recipient government named herein. w further assure the Director of the Office of Revenue Sharing that the public hearing and public participation Jeuirements and the accounting, auditing and fiscal procedures requirement of the Act, when applicable, will be compiled s' w' by this government 9 1 understand that the acceptance of the foregoing assurances by the Director of the Office of Revenue Sharing does not prevent the Director from holding a recipient government responsible for noncompliance with the Act and the i regulations. •t SIGNATURE OF CHIEF EXECUTIVE OFPdEh y . •RIP OVOCPWTy c•OIfIf • _) . �. Nor 3-2- 77 NAME AND TITLE (PLEAS PRINT) DATE i NAME OF GOVERNMENT (PLEASE P NT) This form must be received BEFORE MARCH 10, 1977 by: Office of • Revenue Sharing I i 2401 E Street, N.W. Washington, D.C. 20226 • tt� I • c MAR" 919-77 p,h soot 9r .�> QL. 07 MR. THOMAS NEXT BROUGHT UP THE EMERGENCY MEDICAL SERVICE APPLICATION AND RESOLUTION DISCUSSED AT THE LAST MEETING. HE STATED THAT THERE HAS BEEN A TREND IN GRANTS TO HAVE ALL THE COUNTIES IN A DISTRICT SIGN ONE RESOLUTION. MR. THOMAS ASKED IF THE BOARD WOULD CONSIDER SIGNING THE RESOLUTION WITH CERTAIN CHANGES AND NOTED THAT ONE OF THE MAIN CONCERNS WAS WITH REGARD TO A REQUIREMENT FOR A LOCAL EMS DIRECTOR AT A SALARY OF $14,000.00. COMMISSIONER SIEBERT SUGbESTED THAT POSSIBLY THE CIVIL DE- FENSE DIRECTOR COULD SERVE IPJ A DUAL CAPACITY, AND THE SAI.='.RY WOULD NOT NECESSARILY HAVE TO BE $14,000.00. CHAIRMAN WODTKE STATED THAT HE FELT THE WHOLE PROGRAM HAD BEEN MISLEADING FROM THE ONSET, AND DID NOT BELIEVE THERE WOULD HAVE TO BE ANY SALARY AT ALL - JUST A DESIGNATED PERSON FOR THE DISTRICT DIRECTOR TO CONTACT. THE CHAIRMAN STATED HE WOULD NOT HAVE ANY OB- JECTION TO THE RESOLUTION IF THE BOARD HAS A RIGHT TO DETERMINE HOW THE FUNDS WILL BE UTILIZED AND TO DETERMINE WHO IS GOING TO REPRESENT US, BUT HE DOES NOT FEEL IT IS NECLOSARY TO CREATE ANOTHER PAID POSI- TION IN THIS COUl"41TY 1% ARD LESS OF THE MONEY BEING AVAILABLE FOR THIS PURPOSE. EDWARD HOLLOWAY OF THE HEALTH PLANNING COUNCIL ASSURED THE BOARD THAT THE NEED FOR AN INDIVIDUAL COUNTY EMS COORDINATOR WILL VARY ON A COUNTY TO COUNTY BASIS AND THAT THE DOLLAR AMOUNT SET UP FOR EACH COUNTY TO USE FOR SUCH A PERSON CAN BE USED IN ANY WAY THE COUNTY DE- CIDES UPON - FOR A FULL TIME COORDINATOR, A PART TIME COORDINATOR, OR IF THE COUNTY JUST WISHED TO DESIGNATE SOMEONE AS A CONTACT, THE MONEY COULD BE USED FOR EQUIPMENT. HE FURTHER NOTED THAT SUCH A COORDINATOR WOULD BE UNDER THE BOARD'S CONTROL AND ALL FUNDS.RECEIVED UNDER THIS GRANT WOULD COME DIRECTLY TO THE BOARD. MR. HOLLOWAY CONTINUED THAT SUCH A COORDINATOR WOULD HAVE NO AUTHORITATIVE RESPONSIBILITY, BUT WOULD JUST REPRESENT THE BOARD. HE CONTINUED THAT INDIAN RIVER COUNTY IS A SMALL COUNTY WITH LARGE RURAL AREAS AND HAS NEEDS MUCH DIFFERENT THAN AN URBAN AREA LIKE PALM BEACH COUNTY, COMMISSIONER Loy STATED THAT SHE REALIZES THAT AS A PART OF • B�t�t 29 n., u 0 THE PLANNING COUNCIL, OUR COUNTY MUST BE A PART ALONG WITH THE OTHER COUNTIES IF THE GRANT IS GOING TO BE AVAILABLE AND EXPRESSED CONCERN THAT AS THEIR PRIORITIES HAVE ALREADY CHANGED, THAT WE HAVE THE FLEXI- BILITY TO USE OUR SHARE OF THE FUNDS FOR OUR TOP PRIORITY, WHICH SHE FEELS WILL PROBABLY HAVE TO BE FOR EQUIPMENT ON OUR AMBULANCES. COORDINATOR THOMAS SUGGESTED THAT HE BE APPOINTED AS A TEMPORARY EMS COORINATOR. DISCUSSION FOLLOWED. MR. HOLLOWAY.STATED THAT ALL THAT IS NEEDED AT THIS TIME IS A RESOLUTION IN SUPPORT OF THE PROJECT, THE FUNDING Wi'"L NOT COME ALONG FOR QUITE SOME TIME, BUT THE RESOLUTION SHOULD BE IN TALLAHASSEE BY NEXT TUESDAY, DISCUSSION AROSE AS TO OUR LOCAL MATCH, AND MR, HOLLOWAY INFORMED THE BOARD THAT THERE IS NO PROBLEM WITH MATCH BECAUSE THEY ALREADY HAVE ENOUGH FROM THE OTHER COUNTIES. COMMISSIONER Loy SUGGESTED WORDING OUR RESOLUTION IN A MANNER THAT WOULD NOT BE DETRIMENTAL TO THE PROJECT, BUT TO INDICATE THAT THE PRIORITIES IN THIS COUNTY COULD WELL CHANGE BEFORE THE MONIES ARE GRANTED, AND ASKED IF OUR RESOLUTION MUST BE EXACTLY LIKE EVERY- ONE ELSE IS. MR, HOLLOWAY STATED THAT MARTIN COUNTY HAS ALREADY CHANGED THEIRS AND NONE OF THE SMALL COUNTIES HAVE APPOINTED A FULL TIME COORDI- NATOR OR EVEN INDICATED IN THEIR RESOLUTIONS WHO THEIR APPOINTEE WILL BE. HE REITERATED THAT THIS RESOLUTION IS JUST AN ASSURANCE THAT THE COUNTY WILL SUPPORT THE PROJECT, DISCUSSION CONTINUED IN -REGARD TO THE $5,000.00 CASH MATCH, AND MR. HOLLOWAY NOTED THAT COULD BE APPROACHED IN SEVERAL WAYS, POINT- ING OUT THAT THERE IS CURRENTLY THAT AMOUNT IN THE COUNTY'S 911 BUDGET. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 77-23 SETTING FORTH THAT INDIAN RIVER COUNTY IS WILLING TO PARTICIPATE WITH OTHER COUNTIES IN DISTRICT IX HEALTH REHABILITATIVE SERVICE TO APPLY FOR AN EMS GRANT; THAT OUR SHARE OF HARD CASH MATCH WOULD-BE IN THE AMOUNT OF $5,000.00; AND SUBJECT TO A PARAGRAPH BEING INSERTED INDICATING THAT BY THE TIME THIS GRANT IS APPROVED AND RECEIVED, THIS BOARD HAS THE RIGHT TO ASCERTAIN THEIR EXACT PRIORITY IN ORDER TO EXPAND THE PROJECT; AND AUTHORIZED THE CHAIRMAN'S SIGNATURE. 9 MAR 1977 Biot 29 ea,t 09 O f RESOLUTION NO, 77,23' WHEREAS, the District IX HRS.(Applicant) is applying on behalf of Indian River County, St, Lucie County, Martin County, Palm Beach County and Okeechobee County for.federal assistance for emergency medical services, and WHEREAS, the Indian River County Board of County Commissioners after thorough consideration of the:.)roblem and available data, has determined that the Regional Management Organization Project is in the best interest of the general public, and WHEREAS, Indian River County, St, Lucie County, Martin County, Palm Beach County and Okeechobee County are to be recipients of federal funds pursuant to this application, and WHEREAS, Indian River County agrees to work with -District IX Health and Rehabilitative Services in improving emergency medical services throughout our five county region and to maintain any improvement(s) to our Emergency Medical :services system which are gained through the use of federal EMS 1203 or 1204 monies, and WHEREAS, Indian River County agrees to show good faith by applying for grant monies other than Federal EMS 1203 and 1204 monies directly available to county governments to further aid in the development of our County's•EMS system, and WHEREAS, Indian River County agrees to make available their appropriated share of hard cash match up to $5,000,00, and WHEREAS, Indian River County reserves the right to review the entire project at a later date and to establish and approve priorities within the project as it deems to be in the best interest of Indian River County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN -RIVER COUNTY, FLORIDA, 1. That the project generally described above is in the best interest of Indian River County. MAR ' 1977 s Book 29 pc' 1 2. That said Dr.. James T, Howell, M,D;+ Health Program Supervisor for District IX HRS, be designated as Project Director, 3. That the official designated in the preceding paragraph be designated to provide Indian River County with pertinent data and documents pertaining to.the application for said grant as may be required. 4. That certified copies of thi•: resolution be'included as part of the application for said grant to be submitted to tQe Department of HRS Health Program Office, Emergency Medical Services Section. 5. That Indian River County reserves the right to review the entire project at a later date and to establish and approve priorities within the project as it deems to be in the best interests of Indian River County. 6. That this resolution shall take effect immediately upon its adoption, this 9th day of March, 1977. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA +i y William C. o t e, r, Chairman Attest:- re a Wr�gt j Clerk !i 1 Dint ��;�� INTERGOVERNMENTAL COORDINATOR THOMAS REPORTED THAT TWO LETTERS HAVE BEEN RECEIVED REQUESTING TO BUY COUNTY PROPERTY DES- CRIBED AS FOLLOWS: (A) LOT 25, BLK, 4, SEBASTIAN GROVE ESTATES, (B) THE NW 1/4 of SE 1�4 SEC, 26, TOWNSHIP 32 SOUTH, RANGE 39 EAST, 00- 060-011.0. MR, THOMAS INFORMED THE BOARD THAT HE HAS NOT BEEN ABLE AS I YET TO OBTAIN APPRAISALS, BUT COULD SEE NO REASON NOT TO GO AHEAD AND ADVERTISE THESE PROPERTIES FOR SALE HE NOTED THAT BOTH T!'rSE LOTS HAVE ACCESS ON DEDICATED ROADS, j ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY AUTHORIZED ADVERTISING TO RECEIVE BIDS ON THE TWO PARCELS DESCRIBED ABOVE, RANDY LARSON, PROJECT ENGINEER FOR VISTA PROPERTIES, APPEARED TO DISCUSS LETTER FROM THE CORPS OF ENGINEERS IN REGARD TO A POSSIBLE .VIOLATION AT VISTA ROYALE, WHICH LETTER IS HEREBY MADE A PART OF THE MINUTES, 12 8�� 29 rh; ► 1 rP . • DEPARTMENT OF THE ARMY �•,. JACKSONVILLE DISTRICT. CORPS OF ENGINEERS r P. O BOX 4970 + yg`y JACKSONVILLE. FLORIDA 32201 1 SA30D-RE 16 February 1977 ii 3V-244 ��23�6,25ZS2J��9 I Indian River County 2c 01IN Engineering Department 013 �.�� ra•�C. Indian River County Courthouse�Ci�Z"'� R Vero Beach, Florida 32960 rte:. �•.`' '�s5. �0�'� . nGi • n Gentlemen: . This office is presently investigating the unauthorized placement of fill associated with excavation in waters of the United States, impounded coastal wetlands adjacent to the Indian River, Indian River County, Florida by Vista Properties of Vero Beach, Inc. Speci__ically, a 1000 by 50 by 10 -foot deep lake has been excavated and spoil therefrom placed in white mangrove wetlands of a mosquito control impoundment in Section 19, Township 33 South, Range 40 East as indicated on the attached portion of the Indrio quadrangle map. Under our present permit regulations, we must make an evaluation, similar to that made on a permit application, to determine whether the above-mentioned work or alternately, some form of restoration is in the general public interest. In order to conduct a complete evaluation of this project, we request any recommendations your agency may wish to offer regarding the probable beneficial and/or detrimental consequences of the present work versus those of possible restoration of the area. . Vista Properties claims that the lake it anticipates completing is necessary to retain stormwater and to prevent saltwater intrusion into the potable well supply for its upland development, Vista Royale. The final configura- tion of the project is to be an impounded freshwater lake with marsh islands and depths of less than 10 feet. Because of the areas delicate ecological balance and because legal action for possible restoration is anticipated, your agencyl.s analysis and recommendations are absolutely essential to an effective resolution of this matter. Considering the need to act decisively on this violation, we request that your comments be submitted no later than 18 March 1977, Attention: Mr. Vic Anderson, Enforcement Section, telephone 904/791-2211. Your prompt attention to this matter would, be genuinely appreciated. Sincere) your , •`'"'s 1 Incl GAIL c. CREN As stated Chief, Operations Division MAR • 9197? ATTORNEY COLLINS INFORMED THOSE PRESENT THAT HIS FIRM HAS a DONE WORK FOR VISTA PROPERTIES WHICH COULD CAUSE A CONFLICT OF INTEREST, AND HE WILL ABSTAIN FROM ANY DISCUSSION OF THIS MATTER. MR, LARSON STATED THAT IN SEPTEMBER OF 1976 VISTA PROPERTIES RECEIVED A CEASE AND DESIST ORDER FROM THE CORPS OF ENGINEERS, THE REASON FOR WHICH WAS THE PLACING OF SPOIL IN WETLANDS ADJACENT TO NAVI- GABLE WATERS, HE THEN WENT ON TO GIVE THE HISTORY BEHIND THIS SITUA- TION AND EXPLAINED THAT WHEN VISTA ROYALE WAS CONCEIVED IN 1971, THEY TRIED TO GET ALL THE VARIOUS PERMITS IN LINE SO NOTHING WOULD STOP THE PROJECT ONCE IT GOT STARTED. TO ACHIEVE THIS, AND BECAUSE OF THEIR CONCERN ABOUT THE AREA TO THE EAST WHICH WAS IMPOUNDED BY THE MOS- QUITO CONTROL DISTRICT, THEY HAD REPRESENTATATIVES FROM THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND AND POLLUTION CONTROL INSPECT THIS AREA. AT THAT TIME THESE REPRESENTATIVES STATED THEY HAD NO JURIS- DICTION IN THE SUBJECT AREA AS IT WAS ABOVE THE MEAN HIGH WATER LINE AND VISTA PROPERTIES WAS GIVEN THE GO-AHEAD WITHOUT ANY PROBLEM. SIR. LARSON CONTINUED THAT EVEN THOUGH THIS WAS BEFORE THE TIME OF ALL THE HARDCORE ENVIRONMENTAL RESTRICTIONS, VISTA PROPERTIES TRIED TO RETAIN THE NATURAL BEAUTY OF THE AREA AND INCORPORATE IT IN THEIR PROJECT. HE NOTED THAT THEY WISHED TO MAKE IT A SELF-CONTAINED AND SELF-SUFFICIENT PROJECT - TO HAVE THEIR OWN WATER SUPPLY AND TREATMENT PLANT AND TO `RETAIN THE STORM WATER ON THE PROJECT IN ORDER TO BE ABLE TO RECHARGE TO PREVENT SALT WATER INTRUSION. TO THIS END, THE WHOLE AREA TO THE EAST WAS PLANNED TO BE LAKES, AND SINCE THEY ARE SO CLOSE TO THE INDIAN RIVER, THEY WANTED TO BE SURE OF HAVING SOME DIKE SYSTEM TO KEEP WATER FROM THE RIVER OUT OF THE PROJECT. MR, LARSON NOTED THAT THE AREA UNDER DISCUSSION WAS NEVER DESIGNED FOR DEVELOPMENT, BUT FOR LAKE PUR- POSES AND EXPLAINED HOW THEY WORKED WITH MR. BEIDLER OF THE MOSQUITO CONTROL DISTRICT AND HAD THEIR DIKES RECONSTRUCTED ON THE EASTERN BOUN- DARY LINE, WHICH WAS LANDWARD OF THE MEAN HIGH WATER LINE, IN LATE 1976,ACTUAL CONSTRUCTION OF THE LAKE ITSELF WAS STARTED, AND MR, LARSON EXPLAINED THIS WAS DONE BY MEANS OF A DRAGLINE, FRONT-END LOADER AND DUMP TRUCK, IN ORDER FOR THE DRAGLINE.TO WORK, THEY HAD TO BUILD A 14 Beit 29 14 DIKE, WHICH IS TO BE REMOVED AT THE END OF THE PROJECT. THIS DIKE IS WHAT CAUSED THE VIOLATION, AS, UNAWARE OF THE NEW REGULATION EXTEND- ING THE CORPS' JURISDICTION TO ADJACENT WETLANDS, THEY HAD "PLACED SPOIL ON WETLANDS," MR. LARSON POINTED OUT THAT THIS REGULATION .IS AIMED AT PREVENTING THE FILLING OF WETLAND AREAS FOR DEVELOPMENT PUR- POSES, WHICH WAS NEVER THEIR INTENTION. HE ALSO NOTED THAT IF THEY HAD USED A DIFFERENT TYPE OF CONSTRUCTION, POSSIBLY SOME TYPE OF CON- VEYOR SYSTEM, SO THAT SPOIL WOULD NOT BE PLACED ON THE WETLANDS, THE PROJECT WOULD NOT HAVE BEEN STOPPED, MR, LARSON THEN SPOKE OF THE POSSIBILITY OF THE COUNTY TAKING OVER VISTA ROYALE'S WASTE TREATMENT SYSTEM AND WATER SUPPLY IN THE FUTURE, HE INFORMED THE BOARD THAT THE LAKE IS AN INTEGRAL PART OF THEIR PROJECT AND BECAUSE OF THEIR CONCERN, THEY HIRED WATER AND AIR RESEARCH, INC., TO CHECK AND SEE IF THEY WERE DOING ANYTHING ENVIRONMENTALLY WRONG, MR, LARSON PRESENTED THE BOARD WITH THE FOLLOWING DOCU- MENT, RESEARCHING THEIR PROJECT AND AN EXCERPT FROM A TEXTBOOK, IN REGARD TO SALT WATER INTRUSION, AND ASKED FOR THE BOARDS SUPPORT SO THAT VISTA PROPERTIES COULD CONTINUE THEIR PROJECT, NOTING THAT THEY HAVE AN UNBLEMISHED RECORD OF CARRYING OUT THEIR PLANS AS APPROVED. 15 Ll MAR 91977 � r 29 uA : � P . Comments on Proposed Project The Vista plan is to excavate the 13 acre lake site to a depth of approximately (-)8 ft. MSL. A suggested alternative plan is shown in Figure 4 that•provides approximately 4 acres of submerged wetlands. All spoil is co be removed to upland areas west of the original 1958 dike., The project has a number of economic, environmental, and aesthetic advantages to the property owners, Vista Royale, and the public in general. Some of these factors are: 1) This excavation can provide exc;:ationally good fill material for the proper baseand elevation of homesites in the immediately adjacent areas =- allowing savings in construction and use of on-site fill materials. 2)..A lake is the best use of an area already surrounded by a dike system -- allowing maximum utilization of facilities already provided by the Mosquito Control. 3) Such an impoundment is an ideal reservoir for storm -water runoff from the Vista Royale project. This can be managed to assure continued or improved water quality in the Indian River. The lake could handle the runoff from a 6" rainstorm without flooding. Storm Data for the Vero Beach Area Storm Return lhrration Rainfall Interval luurs)_ (Inches) (Years) 2 5.5 100 3 5.7.. 50 6 6.4 25 12 5.7 5 24 5.2 2 4) Such a lake could be managed to provide fresh -water recharge at a most effective point to retard or prevent salt -water intrusion under the surrounding areas. 5) Such a lake could be designed and managed to maintain water levels to continuously cover the area as a mosquito control measure. 9 11 Wl 29 „ 6 'p�e MAR 91977 - ':•'••i?� SAND •.. � � _ WATER - WETLAND ® UPLAND t 200 loo 0 soo 400 jy/ ssaNs t": - A I FIGURE 4. A SUGGESTED PLAN FOR LAKE WITH APPROXIMATI 4 ACRES OF SUBMERGED WETLAND. _.. r ' 10 cook 29 ��... 1 F 6) The impoundment will rapidly desalinate and provide a fresh water habitat. /) A fresh water lake will provide a reservoir for irrigation of the entire Vista project -- relieving the strain on ground -water pumping for such purposes -- an additional prevention for salt -water intrusion. 8) This lake could be constructed in a manner to replace the original wetland areas with an equivalent area of new fresh -water marsh. Submerged islands could be placed in the lake at an elevation of about (+) 0.7 ft. MSL. Most of the time such areas would be submerged a minimum of 6" of water and periodically would be flooded up to 40" following a storm event. , 9) If the lake is constructed in the same good taste and environ- mental quality as the entire project has been thus far, the area would be a aesthetically pleasing, environmentally worthwhile and a contribution to the wildlife habitat of the area. If the lake site area undergoes restoration only, it will not return to pre -project status and is not likely to ever return to its original pre -1958 status. The aquatic -vegetation in the upland areas will be re- placed by upland species as before. The pow -lying areas will slowly become fresh water -- beinu isolated from the surrounding estuary systems. In all likelihood the area will become drier than it was previously -- receiving water only from the water table and rainfall. This should provide less wetlands than pre -1958 and create new mosquito problems. Restoration alone does not achieve goals in the best public interest. Res fully submitted 4ter and Air Research, I Joseph W. Markey, Ph.D., E. Hugh D. Putnam, Ph.D. Vice Presidents ��(-,;LS,, 477- _T e MAR ' 91977 860t 29:A �:8 11 r e MAR ' 91977 860t 29:A �:8 Waifer Supply a 4 Pollution Control 3-26. SALT -WATER INTRUSION second edition Salt -water contamination of fresh -water aquifers presents a serious water -quality problem in island locations; in coastal areas; and occasion- ally inland, as in Arizona, where some aquifers contain highly saline waters. -Because fresh water is lighter than salt water (specific . ravity of sea water is about 1.035) it.%vill usually float above a layer-of.sall water. When an aquifer is pumped, the original equilibrium'•is-disturbed and salt, water replaces the fresh water. Under cquilibriuni:c6nditions a drawdown of L ft in the fresh -water table will result -in* a rise -or approximately 40 ft by the salt water. Pumping rates of wells subject to salt -water intrusion are therefore seriously limited. In coastal areas, recharge. wells are somtimes used in an attempt to main:+in a sufficient head to prevent sca-water intrusion. Injection wells have been used effectively in this manner in Southern California. A prime example of fresh -water contamination .by sea •water is noted in Long Island, New York.30 During the first part of this eentuiy the rate of pumping far exceeded the natural recharge rate. -The problem was further complicated because storm -water -runoff from the highly' de- veloped land areas was transported-directly'to the sea. This precluded the opportunity for this water-to-rcturn-to the -ground. A-s"pumping con- tinued, the water table dropped well below sea level and saline. water in— truded the aquifer. The result was such .a.serious -impairment of the local water quality that Long Island was forced to transport its water supply from upper_New York State. 3-27. GROUNDWATER RECHARGE The volumes of groundwater replaced annually through natural mechanisms are relatively small because of the slow rates of movement of groundwaters and the limited opportunity for surface waters to penetrate the earth's surface. To supplement this natural recharge process, a recent trend toward artificial recharge has been developing. In 1955 over 700 million gallons of water per day were artifically recharged in the United States." This water was derived from natural surface sources, returns from air conditioning, industrial wastes, and municipal water supplies. The total recharge volume was equal, however, to only about 1.5 percent of the groundwater withdrawn that year. In California, for example, arti- ficial recharge is presently a primary method of water conservation. Dur- ing the 1957-1958 period a daily recharge volume of about 560 million gallons was reported for 63 projects in that state alone.26 Numerous methods are employed in artificial recharge operations. One of the most common plans. is the utilization of holding basins. The usual practice into impound the water in a series of reservoirs arranged -so that the overflow of one will enter the next, and so on' These artificial storage works are generally -formed by the -construction of -dikes -or levees. A second method is the modified stream bed which makes use of the nat- ural water supply. The stream channel is widened, leveled, scarified, or treated by a combination of methods to increaseits recharge .capabilities. Ditches and furrows are also used. The basic types of arrangement are the contour type, in which the ditch follows the contour of the ground; the lateral type, in which water is diverted into a number of small furrows from the main canal or channel; and the tree -shaped or branching type, where water is diverted from the primary channel into successively smaller canals and ditches. Where slopes are relatively flat and uniform, flood- ing provides an economical means of recharge. Normal practice is to spread the recharge water over the ground at relatively small depths so as not to disturb the soil or native vegetation. An additional method is the use of injection wells. Recharge rates are normally less than pumping rates for the same head conditions, however, due to clogging which is often encountered in the area adjacent to the well casing.25 Clogging may result from the entrapment of fine aquifer particles, from suspended ma- terial in the recharge water which is subsequently strained out and de- posited in the vicinity of the well screen, from air binding, from chemical reactions between recharge and natural waters, and from bacteria. For best results the recharge water should be clear, contain little or no so- dium, and be chlorinated. Richter and Chun have outlined several factors worthy of consid- eration relative to the selection of artificial recharge project sites.26 Es- sentially they are availability and character of local and imported water supply; factors relating to infiltration rates of the native soils; operation and maintenance problems; net benefits; water quality; and legal con- siderations. MAR 9 1,97 John W. Clark Professor of Citi/ F. ngineerirrg V.ttexico.Stntr University Warren Viessman, Jr. Director, Water Resources Research Institute and Professor of Civil F.ngindering University of Xe hmsko Mork J. Hammer Professor of C"111 Engineering University ofN broska International Textbook Company Cnlleoe nivisinn - Inle•rt Educational Publishers Scranton - Toronto - London ADMINISTRATOR JENNINGS STATED THAT HE HAS ALWAYS FOUND THE VISTA ROYALE DEVELOPERS VERY COOPERATIVE, HE CONTINUED THAT HE HAS INSPECTED THE AREA AND SEES NOTHING WRONG WITH THE WAY THEY HAVE CARRIED OUT THEIR PLANS, AS FAR AS INDIAN RIVER COUNTY IS CONCERNED AND CAN ONLY COMPLIMENT THEM ON THE WAY THEY HAVE WORKED WITH THE GOVERNING BODIES IN THIS COUNTY. INTERGOVERNMENTAL COORDINATOR THOMAS NOTED THAT THIS -:AME NEW REGULATION OF THE CORPS HAS AFFECTED THE COUNTY IN REGARD TO BUILD- ING THE OSLO BOAT RAMP, ON MOTION' BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO WRITE THE DEPARTMENT OF THE ARMY, CORPS OF ENGINEERS, IN RESPONSE TO THEIR LETTER OF FEBRUARY 16, 1977, (SAJOD-RE 3V-244) THAT IN THE BOARDS OPINION THE CONTINUATION OF THE VISTA ROYALE PROJECT WOULD NOT BE ECOLOGICALLY DETRI- MENTAL TO THE AREA; THAT THE RESTORATION OF THE AREA AS SUGGESTED BY THE CORPS WOULD NOT BE BENEFICIAL; AND THAT THE CONTINUATION OF 'HIS PROJECT WOULD BE.NOT ONLY AESTHETICALLY PLEASING, BUT ALSO AN ASSET TO THE COUNTY. DEWEY WALKER APPEARED, ACCOMPANIED BY FRED BAKER, JR,, IN REGARD TO A REQUEST FOR A SPECIAL EXCEPTION TO ORDINANCE 74-20 REQUEST- ED BY WILLIAM AND FLO SCHWEY, MR. WALKER NOTED THAT THIS IS A ROUTINE EXCEPTION - THE SCHWEYS HAVE OWNED THIS PROPERTY SINCE 1963 AND WISH TO BUILD ON AN UNDEDICATED ROAD, THE PROPERTY IS LOCATED WEST OF TOWN OFF OF ROUTE 60 ON CHARLOTTE AVENUE AND IS ZONED R-1. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED THE SPECIAL EXCEPTION TO ORDI- NANCE 74-20 AS REQUESTED BY WILLIAM AND FLO SCHWEY, 20 MAR 9197? �t�� 29 20 ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAD SEVERAL MATTERS TO DISCUSS IN REGARD TO THE HOSPITAL, THE FIRST BEING IN REGARD TO A LETTER FROM ALBERT ELIA BUILDING CO., REQUESTING FILL AS FOLLOWS: ALBERT ELIA BUILDING CO., INC. GENERAL CONTRACTORS IM6Aful r as•KEW 1C?K P. U. BOA 396 2749 LOCKPORT ROAD • NIAGARA FALLS, N. Y. 14302 • (U.S.A.) (716) 284.0431 Reply to P.O. Box 6370, Vero Beach, Florida 32960 February 28, 1977 Jack G. Jennings Room 115 - Co. Court House Vero Beach, Florida 32960 Attention: Board Court Comm. Re: Indian River *Memorial hospital Vero Beach, Florida Elia Job #1?0 3079 i Gentlemen: We herewith request permission to remove._approximately 10,000 cubic yards i of fill material from Tract 12, Section 18, Township 33S, Range 39E. This is in accordance with provisions in our Specification, Section 2A, Para- graph 4. i Very truly yours, ALBERT ELIA BUILDING COMPANY , 114erkt4App r' um Project Engineer'. IIA: mel ii cc File 130A ----- {{ THE ADMINISTRATOR STATED THAT IN 1973 HOSPITAL REPRESENTATIVES CAME BEFORE THE BOARD AND ASKED FOR A CONSIDERABLE AMOUNT OF FILL. WE HAD THE FILL AVAILABLE AT THAT TIME, AND PERMISSION WAS GIVEN; THEY DID NOT, I, HOWEVER, TAKE ANY FILL. THE ADMINISTRATOR CONTINUED THAT LAST YEAR HE HAD A REQUEST FROM THEM FOR 3,000 YARDS, BUT THEY NEVER FOLLOWED THROUGH ON IT i AND IT WAS NEVER BROUGHT BEFORE THE BOARD, ADMINISTRATOR JENNINGS NOTED THAT WE DO HAVE THIS MATERIAL AVAILABLE NOW, BUT FROM 1973 UNTIL NOW THE • COUNTY'S POSITION H@S CHANGED CONSIDERABLY AND WE COULD VERY WELL HAVE A .. j NEED FOR ALL THE FILL WE HAYS FOR SOME TIME TO COME TO USE ON THE SANITARY LANDFILL. 21 t AR 29 ,t 21 �� THE ADMINISTRATOR REMINDED THE BOARD THAT SOMETIME AGO THE HOSPI- TAL REQUESTED THAT -THE COUNTY WORK ON THE ENTRANCE ROAD TO THE HOSPITAL; i THE BOARD GAVE PERMISSION; AND IT WAS UNDERSTOOD AND DOCUMENTED IN WRITING THAT THE HOSPITAL WOULD PAY THE COUNTY THE COST OF DOING THIS WORK. LETTER FROM THE HOSPITAL ADMINISTRATOR TO T"IS EFFECT IS HEREBY MADE,A PART OF I THE MINUTES. i a 1840 25th STREET - TELEPHONE: (305) 567-4211 VERO BEACH, FLORIDA 32960 l f -N r; VtAR1974 RECEIVED md' strat9es KIM March 27, 1974 w Mr. Jack Jennings County Administrator Room 115 ' County Courthouse Vero Beach.. Florida 32960 Dear Mr. Jennings: This is to advise you that our Boand of Trustees, at its regular meeting on March 26, 1974, approved reimbursing the County its expenses in clearing and preparing the access -road rim Highway #1 to the west boundary of the hospital site. It is our understanding that the County will build the road ready for the application of the stabilizing material and_ paving to be done by others. In addition the Board approved the Tripartite Agreement between the City, County and the Hospital concerning temporary water service. On behalf of the Hospital Board, I wish to express to you my appreciation and, their appreciation for the work you and members of the County Commission have provided. . Yours truly, lui A10'. BRM:br BOBBY R. MEADOWS Administrator ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT OVER THE PERIOD OF A YEAR THE CLEARIVG, FILLING AND GRADING OF THE ENTRANCE ROAD WAS DONE AS REQUESTED BY THE HOSPITAL AND THEIR ENGINEERS, AND WHEN EVERYTHING WAS COMPLETED, A STATEMENT WAS SUBMITTED FOR TIME AND EQUIPMENT AS FOLLOWS: 22 MAR 91977 _ 29 s-� 22 P _- March 11, 1976 TO: INTDIAN RIVER MEMORIAL HOSPITAL � . 7 FROM: I13DIA14 RIVER COUN'T'Y ROAD & 13RIDGE DEPARTMENT ROAD FRO14 U.S. # 1 TO NF -11 nOSPITA.L SITE: COST Labor $4,984.92 Country Equip;nent: 8,390.25 • l Rented Equipment 2,944.75 Supervision Contingency 1,632.00 Total $17,951.92 i ADMINISTRATOR .JENNINGS CONTINUED THAT AFTER SENDING THREE STATE- . ; MENTS AND RECEIVING NO REPLY, HE REQUESTED THE FINANCE OFFICE TO FOLLOW THROUGH, AND'MR, JACKSON SUBMITTED THE FOLLOWING MEMO ON THIS MATTER: March 2, 1977 TO: THE HONORABLE BOARD OF COUNTY COMMISSIONERS SUBJECT: ACCESS ROAD TO NEW HOSPITAL On Match 20, 1974 Mr. Bobby Meadows requested you to perform certain construction work on the access road from U.S. #1 to the west boundary of the new hospital ground's. The Hospital was to reimburse you for your costs. (See copy of.minute book 19, page 350 and Mr. Meadow's letter dated March 27, 1974 attached). You performed this work at a well documented total cost of $17,951.92, and billed the Hospital for this amount on March ll, 1976 and again December 3, 1976. These billings have not been paid. On February 28, 1977, 1 went to see Mr. Bobby Meadows to inquire as to why the Hospital had not paid you. He said he was aware of the billings and that he had no question as to the validity of the cost figures. The reason for the non-payment, he said, was that you had "promised" to give the Hospital $146,000.00 from Federal Revenue Sharing toward the new hospital, and since you had not paid over these funds, he was disinclined to present this bill to the Hospital Board for payment. I asked Mr. Meadows if he could produce anything in his office that would document the "promise" he said he had received from you and he could produce nothing. On May 30, 1973 you did not "promise" to give the Hospital $146,000.00, but tentatively allocated this money. (See minute book 17, page 117 attached). Obviously, there were either conditions to this gift that were not met by the Hospital or the Hospital's conduct in this affair was such that they forfeited the gift. In any case, the gift of $146,000.00 is totally unrelated to the Hospital's liability to you for your work on the access road. If you wish, I shall be happy to pursue this matter, on your behalf, with Mr. Meadows and the Hospital Board of Trustees, or if you prefer, I will work with Mr. -Joe Collins toward the collection of your $17,951.92. Sincerely, *I­tt"fTM P. JACKSON, CPA Finance Officer 23 MAR '9 1977 29 ... / P . THE ADMINISTRATOR POINTED OUT THAT THIS AMOUNT OF ALMOST $18,000 CAME DIRECTLY OUT OF THE ROAD AND BRIDGE DEPARTMENT'S BUDGET; THE REQUESTED WORK WAS DONE WITH THE UNDERSTANDING THAT THEY WOULD BE REPAID AND WAS NOT CONTINGENT UPON ,NY OTHER AGREEMENT; AND HE FEELS THIS MONEY SHOULD BE PAID TO ROAD AND BRIDGE PROMPTLY. ADMINISTRATOR JENNINGS NEXT DISCUSSED THE DRAINAGE PROBLEMS AND RIGHT -OF -%JAY FOR BARBER AVENUE, NOTING THAT HE HAD TRIED TO MAKE ARRANGEMENTS WITH THE DOT IN REGARD TO THE CONSTRUCTION OF A DRAINAGE OUTFALL DITCH FROM THE HOSPITAL SITE TO THE RIVER, BUT THE RIGHTS-OF- WAY HAVE NEVER BEEN RECEIVED. HE POINTED OUT THAT THE HOSPITAL HAS LONG SINCE USED UP THE TIME THAT WILL ALLOW THE COUNTY GO TO IN AND CUT THIS DITCH UNLESS WE RENT EQUIPMENT TO DO IT FOR AS SOON AS WE RECEIVE PERMISSION TO CLEAR FOR THE LANDFILL, WE WILL NEED ALL OF OUR EQUIPMENT. HE NOTED THAT THIS DRAINAGE WORK COULD BE DONE UNDER A STATE MINI -CON- TRACT. CHAIRMAN WODTKE STATED THAT AS OF MONDAY NIGHT, THE HOSPITAL ADMINISTRATOR WAS NOT AWARE OF THE LETTER FROM ALBERT ELIA REQUESTING FILL. HE ALSO NOTED THAT THE HOSPITAL STATED THAT THE RIGHT-OF-WAY HAS BEEN TURNED OVER TO THE COUNTY. ADMINISTRATOR .JENNINGS STATED THAT HE HAS RECEIVED THE RIGHT- OF-WAY THEY WANT TO TURN OVER TO THE STATE WITH PROVISIONS THAT HE FEELS NEED TO -BE DISCUSSED WITH THE STATE AND WITH THE BOARD, AND ALSO NOTED THAT VERO MED HAS ALSO SUBMITTED THEIR -RIGHT-OF-WAY WITH PROVISIONS THAT HE FEELS ARE QUESTIONABLE. HE CONTINUED THAT NEITHER OF THESE DOCUMENTS HAVE BEEN SUBMITTED TO THE DOT BECAUSE WE ARE WAITING FOR AN APPRAISAL. CHAIRMAN WODTKE NOTED THAT HE IS CONCERNED THAT THE LETTER REQUESTING THE FILL CAME FROM THE CONTRACTOR RATHER THAN THE HOSPITAL. COMMISSIONER Loy POINTED OUT THAT THE ORIGINAL REQUEST FOR FILL IN 1973 WAS FOR THE PURPOSE OF PREPARING THE HOSPITAL SITE, BUT THE BUILDER APPARENTLY CHOSE TO CREATE A LAKE TO GET FILL FOR THE SITE AND SHE DOES NOT SEE WHY WE SHOULD GIVE -HIM MATERIAL TO FILL UP A LAKE WHICH HE WAS NOT SUPPOSED TO DIG IN THE FIRST PLACE, ESPECIALLY AS THE REQUEST SHOULD COME FROM THE HOSPITAL AND NOT THE CONTRACTOR, DISCUSSIAN CONTINUED AS TO WHETHER TO TAKE ACTION ON THE LETTER FROM ALBERT ELIA OR REFER IT TO THE HOSPITAL. 24 MAR 91977 c�.rk 29 t 24 0 ATTORNEY COLLINS STATED THAT THE COUNTY CLEARLY CANNOT GIVE FILL TO A PRIVATE ENTERPRISE, ON POTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESO':, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO REPLY TO ALBERT ELIA BUILDING CO., INC., THAT THEIR REQUEST FOR FILL IS DENIED BECAUSE THEY ARE A PRIVATE ENTITY AND IF THEY HAVE ANY QUESTION IN THIS REGARD TO CONSULT WITH THE HOSPITAI. TRUSTEES, DISCUSSION TURNED TO PAYMENT OF THE STATEMENT FOR THE BUILDING OF THE ENTRANCE ROAD TO THE HOSPITAL. ` COMMISSIONER Loy POINTED OUT THAT THIS WORK WAS DONE BY THE ROAD AND BRIDGE DEPARTMENT UNDER A SPECIAL ARRANGEMENT WHEREIN THE HOS- PITAL STATED THEY WOULD PAY THE COSTS INVOLVED. SHE STATED THAT THE AGREEMENT IN REGARD TO THE ENTRANCE ROAD HAD NOTHING TO DO WITH THE REVENUE SHARING FUNDS THAT WERE TENTATIVELY PLEDGED TO THE HOSPITAL TO HELP THEM OUT WITH A MILLAGE CAP PROBLEM. COMMISSIONER Loy CONTINUED THAT IT WAS DETERMINED BY THE CHAIRMAN OF THE HOSPITAL BOARD, THEIR FINANCE OFFICER, AND THE HOSPITAL ADMINISTRATOR, THAT THE NEED FOR THESE FUNDS NO LONGER EXISTED, AND ON OCTOBER 8, 1975, THE BOARD OF COUNTY COMMISSIONERS BY MOTION AGREED TO NOTIFY THE HOSPITAL THAT THE FEDERAL REVENUE FUNDS WERE MADE AVAILABLE ON A TENTATIVE BASIS AND THE SITUATION FOR WHICH THEY WERE MADE AVAILABLE NO LONGER EXISTED. THIS INFORMATION WAS FORWARDED TO THE HOSPITAL AT THAT TIME. COMMISSIONER LOY DEFINITELY FELT THE HOSPITAL SHOULD BE REQUESTED TO FORWARD A CHECK IMMEDIATELY FOR THE WORK WHICH WAS COMPLETED ON THEIR TIME SCHEDULE. THE BOARD AGREED THAT THE CHAIRMAN WILL WRITE A LETTER TO THE HOSPITAL REQUESTING PAYMENT OF THE STATEMENT FOR WORK DONE ON THE ENTRANCE ROAD, DISCUSSION RETURNED TO THE HOSPITAL DRAINAGE PROBLEM, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO INFORM THE HOSPITAL THAT IF ALL MATTERS RELATING TO DRAINAGE, INCLUDING OBTAINING OF RIGHTS-OF-WAY, CANNOT BE RESOLVED IN A MANNER SATISFACTORY TO THE DOT BEFORE COUNTY EQUIPMENT IS NEEDED FOR WORK ON THE SANITARY LANDFILL, THEN ANY EXPANSION OF THE DRAINAGE ON BARBER AVENUE PRIOR TO THE NORMAL DOT PROCEDURES WILL HAVE TO BE DONE BY A CONTRACTOR. 25 MAR 91977 25 VAL BRENNAN, COUNTY PLANNER, INFORMED THE BOARD THAT HE HAS RE- CEIVED A REQUEST FROM THE ECONOMIC OPPORTUNITIES COUNCIL FOR MAPS OF SPECI- FIC AREAS OF INDIAN RIVER COUNTY TO BE FURNISHED FREE OF CHARGE. HE NOTED THAT THE PLANNING DEPARTMENT IS FURNISHED THESE MAPS BY THE TAX ASSESSOR'S OFFICE AS AN ADMINISTRATIVE COURTESY AND THE PLANNING OFFICE DOES HAVE THE EQUIPMENT AND PEOPLE TO CARRY OUT THIS REQUEST, BUT IT WOULD COST APPROXI- MATELY $40.00 IN SUPPLIES PLUS THE STAFF'S TIME. COMMISSIONER SIEBERT NOTED THAT WE CHARGE THE CITY OF VERO BEACH $2.00 A SHEET AND HE DOES NOT FEEL WE CAN MAKE EXCEPTIONS FOR ANY OTHER GOVERNMENTAL AGENCY, COMMISSIONER LOY AGREED THAT A PRECEDENT HAS BEEN ESTABLISHED, AND THE BOARD AGREED THAT THIS IS OUR POLICY AND EXCEPTIONS CANNOT BE MADE. ATTORNEY COLLINS DISCUSSED WITH THE BOARD LETTER RECEIVED FROM ATTORNEY MILES MANK, II, IN REGARD TO PAYING A CITY OF VERO BEACH LIEN FROM EXCESS FUNDS RECEIVED ON A TAX SALE, AS FOLLOWS: MILES B. MANK 11 ATTORNEY AT LAw 2001 NINTH AVENUE, SUITE 210J POST OFFIC BOX 908 VERO BEACH, FLORIDA 32960 PHONE (305) 562.5608 February 18, 1977 I Mr. William C. Wodtke Jr. Chairman, Board of County Commissioners Indian River County Courthouse Vero Beach, Florida 32960 Dear Mr. Wodtko: ' At the time Lot 30, Block 22, Royal Park Subdi- vision vas sold for taxes, there remained excess funds in the amount of $1,522.73 from this sale. On behalf of Mr. Ronald H. Rennick who purchased this property at the tax sale, would you please dis- tribute to the City of Vero Beach Utilities Department the sum of $575.00 in full payment of their lien? This distribution would be made in accordance with Florida Statute 197.291(2). Please direct payment of this $575.00 to City of Vera Beach, Utilities Department, Post Office Box 1389, Vero Beach, Florida 32960, to the attention of 1 Alice Joines; Sincerely yours, `• 26 Miles B. MankI1 MAR 9197729, ATTORNEY+COLLINS INFORMED THE BOARD THERE IS A SPECIFIC STATUTE WHICH STATES THAT GOVERNMENTAL UNITS HAVING LIENS SHOULD BE PAID OUT OF THESE EXCESS FUNDS. I ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED REQUEST TO PAY LIEN OF THE CITY i OF VERA BEACH UTILITIES DEPARTMENT AS SET OUT IN THE PRECEDING LETTER ATTORNEY COLLINS NOTED THAT AT THE LAST MEETING AN AGREEMENT HAD BEEN PREPARED IN REGARD TO THE FIRE TRAINING TOWER AND WAS SIGNED BY THE CHAIRMAN. HE INFORMED THE BOARD THAT SUBSEQUENT TO THAT AGREEMENT BEING SIGNED, AND POSSIBLY BEFORE IT WAS SEEN BY THE CITY OF VERO BEACH, A LEASE WAS PREPARED BY THE CITY ATTORNEY AND MAILED TO US, ATTORNEY COLLINS STATED THAT HE DOES NOT SEE TOO MANY MAJOR PROBLEMS WITH THE LEASE FORM, BUT IS CONCERNED ABOUT THE INDEMNIFICATION TO THE CITY 'SAVING THEM HARMLESSf1 FROM ALL LIABILITY AND DAMAGES AS THERE WILL BE A NUMBER OF AGENCIES USING THE TOWER, COMMISSIONER SIEBERT NOTED THAT AT BUDGET TIME VERO BEACH FIRE CHIEF, FORREST SMITH, STATED THAT WE WOULD COORDINATE THE USE OF THE TOWER AND WOULD GET RELEASES FROM ANY INDIVIDUALS USING THE TOWER. ATTORNEY COLLINS POINTED OUT THAT THE PROPOSED LEASE DOES NOT EN- VISION THE CITY ADMINISTERING THE TOWER; THE RESPONSIBILITY LIES WITH THE COUNTY. COMMISSIONER LOY NOTED THAT THE ONLY REASON FOR A LEASE WAS TO MAKE IT LEGAL FOR THE COUNTY TO PROVIDE THE MONEY FOR THE FACILITY AND FOR THE FACILITY TO BE AVAILABLE TO ALL THE VOLUNTEERS IN INDIAN RIVER COUNTY. ATTORNEY COLLINS STATED THAT THIS LEASE DOES NOT ACCOMPLISH THAT GOAL, AND WE DO NOT REALLY NEED A LEASE. AFTER FURTHER DISCUSSION, CHAIRMAN WODTKE INSTRUCTED ATTORNEY COLLINS TO CONTACT THE CITY ATTORNEY AND WORK THIS MATTER OUT. ATTORNEY COLLINS INFORMED THE BOARD THAT HE WISHED TO ATTEND A MEETING OF COUNTY ATTORNEYS IN TAMPA TOMORROW. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR ATTORNEY COLLINS TO ATTEND A MEETING OF THE ASSOCIATION OF COUNTY ATTORNEYS IN TAMPA ON MARCH 10, 1977. _ 27 MIR 91977 �,F��9 27 ADMINISTRATOR JENNINGS ASKED TO HAVE THREE ITEMS ADDED TO TODAY'S ' i AGENDA. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,' THE BOA -',D UNANIMOUSLY AGREED TO ADD TO TODAY'S AGENDA THE THREE FOLLOWING MATTERS AS REQUESTED BY THE ADMINISTRATOR. i ADMINISTRATOR JENNINGS NOTED THAT HE HAS RECEIVED A LETTER FROM i GROVENOR ESTATES REQUESTING THAT THE PARK AREA AROUND THE LAKE IN THE SUB- DIVISION BE UNDERBRUSHED AS IT HAS GROWN UP VERY THICK. THE ADMINISTRATOR STATED THAT THIS IS NOT A MAJOR PROJECT, AND HE WOULD LIKE PERMISSION TO DO SOME WORK ON IT SO THE PEOPLE CAN USE IT. f' ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO DO THE WORK REQUESTED BY GROVENOR ESTATES. I i THE ADMINISTRATOR NEXT INFORMED THE BOARD THAT HE HAS BEEN CON- TACTED BY A DELEGATION FROM VERO BEACH COUNTRY CLUB IN REGARD TO THE SPEED LIMIT ON THE STREET IN FRONT OF THE CLUB. HE NOTED THAT WHERE THE TRAFFIC COMES IN OFF OF U.S.1 ONTO 30TH STREET AND CONTINUES ON TO CROSS THE BRIDGE BY THE CLUB, IT BECOMES CONFUSED WITH ALL THE TRAFFIC AT THE CLUB ITSELF, AND THEY WISH TO HAVE THE SPEED LIMIT CHANGED FROM 30 M.P.H. TO 25 M.P.H. ADMINISTRATOR .JENNINGS CONTINUED THAT HE HAS CHECKED THIS MATTER WITH ATTORNEY COLLINS, AND THE COUNTY HAS THE AUTHORITY TO CHANGE THE SPEED 3 LIMIT IF THEY WISH. COMMISSIONER SCHMUCKER DISCUSSED THE AFFECT OF A MINOR SPEED VIOLATION ON CAR INSURANCE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, COMMISSIONER SCHMUCKER VOTED IN OPPOSITION, THE BOARD AUTHORIZED i THE ADMINISTRATOR TO CHANGE SPEED LIMITS AND SIGNS ON 30TH STREET FROM U.S. 1 TO THE BRIDGE AT VERO BEACH COUNTRY CLUB FROM 30 M.P.H. TO 25 M.P.H. PURSUANT TO THE STANDARDS OF THE DOT. ADMINISTRATOR JENNINGS REPORTED THAT HE NEEDS PERMISSION TO GO TO FORT LAUDERDALE TO MEET WITH THE DOT AND DISCUSS PREPARATION OF A SEC- ONDARY ROAD LIST. S 91977 tiUt FAY►28 COMMISSIONER LAY ASKED IF, BASED ON THE SCHEDULE AND THE POSSI- BILITY OF FEDERAL FUNDING, THERE WAS ANY REASON TO MAKE ANY CHANGES IN THE SECONDARY ROAD LIST FROM WHAT HAS ALREADY BEEN DISCUSSED. COMMISSIONER SCHMUCKER NOTED THAT THE ONLY THING HE OBJECTED TO WAS THE TWO MILE STRETCH IN THE WEST OF THE COUNTY. ADMINISTRATOR JENNINGS POINTED OUT THAT IF WE DON'T GET THE FEDERAL FUNDING WE CAN HOLD UP ON THIS, BUT IF THE FUNDING CAME THROUGH, THEN IT dOULD BE SCHEDULED. HE ALSO STATED THAT THE DOT DOES NOT NECESSAR- ILY GO IN THE ORDER SET OUT, P`!D THEY WOULD ONLY LET THE PROJECT IN CONCUR- RENCE WITH THE BOARD. COMMISSIONER SCHMUCKER STATED THAT TO KEEP THE DOT FROM HAVING TO REORGANIZE THEIR SCHEDULE, HE WOULD NOT CHANGE THE PRIORITY, BUT WOULD HOPE THAT THEY DO NOT CONSTRUCT ROAD #88601-1605 IN THE PRIORITY LISTED. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, TO APPROVE OUT -OF -COUNTY TRAVEL FOR ADMINISTRATOR .JENNINGS TO FORT LAUDERDALE DURING THE WEEK OF MARCH 14TH TO MEET WITH THE DOT AND TO ADOPT RESOLUT_ON No. 77-25 SETTING FORTH OUR FIVE-YEAR ROAD PLAN WHICH IS SUPPOSED TO BE PREbtNTFD TO THE DOT ON MARCH 23RD, SO THAT. IT MAY BE HAND DELIVERED BY THE ADMINISTRATOR AS WE WILL BE IN REGULAR SESSION ON MARCH 23RD AND UNABLE TO ATTEND THE DOT MEETING ON THAT DATE. DISCUSSION FOLLOWED IN REGARD TO THE ONE-WAY PAIRS, AND IT WAS NOTED THAT THIS PROJECT -IS ON HOLD" AT THE MOMENT, BUT DEFINITELY HAS NOT BEEN SHELVED, THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. 29 MAR 9197 p yak2 9 F,L. STATE OF FLORIDA ..COUNTY RESOLUTION ON USE OF SECONDARY ROAD FUNDS I No. .77-25 { YEAR 1977 COUNTY Indian River `WHEREAS, under the provisions of Section 206.47,• Florida Statutes -and Section 9, Article XII Constitution of the State of'Florida, the 'Florida Department of Transportation will receive a portion of the surplus of this County's pro -rata share of the 5th and 6th cent gasoline tax to be used within this County; and r. -WHEREAS, under theprovisionsof Section'.339.08 and Section 339.081, j i� • =Florida Statutes, the expenditure of such funds shall be as pre -scribed by i =regulations of the Department and pursuant to an adopted resolution by this p 1 Board of County Commissioners; and WHEREAS, under the provisions of Section 334.21, Florida Statutes, j the Coun+v is required to submit to the Department of Transportation a plan -of work for the construction and maintenance of roads and streets within its P 'jurisdiction for the five-year period beginning 1977-1978 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: ' 1: That the Florida Department of Transportation is hereby re- -quested to use the aforesaid funds for the purposes and projects listed t .in EXHIBIT "A" attached hereto and made a part hereof and that the Department consider the listed items in accordance with priorities shown and to the extent of available funds in the preparation of its annual program of work -for the above -listed fiscal year with the remaining requests constituting a -continuing program to be scheduled in accordance with estimated available funds during the succeeding four years. 2.•, That the actual.scheduling of work by the Department on the re- quested projects be in the order of priorities listed insofar as is practicable, but not to the extent of retarding the whole program or precluding the grouping of similar type.projects in one construction contract. _ 3. That allocations and expenditures of funds by the Department shall not be restricted by an estimate of cost shown herein, and.that 29 MAR 7 9197 30 O • this Board concurs in the use by the Department of any available funds necessary incidental to making those road projects listed in Exhibit "A" fully operating facilities within the termini described in said Exhibit, f and as shown on the accompanying map. _ 4. That if, .at any time, this County's secondary funds programmed E allocations become over -or under -programmed in the amount of 10%, the Depart- ment will adjust the Secondary Program with the approval and recommendations of this 7�3ard to bring said program into balance. 5. That the methods and standards employed by the Department for f the determination of major improvement features, including specific alignment, types and width of pavement, types of materials, and the Department's standard I specifications for construction are concurred in and approved by this Board. PASSED AND DULY ADOPTED IN OPEN SESSION March 9, 1977 BOARD OF COUNTY COMMISSIONERS OF Indian River COUNTY, FLORIDA BY`.`�� .Chairman 'ATTEST: g -eClerk to Board M MAR 91977 e F,,r 29 31 r� J 1 • EXHIBIT "A" rn*nTau urvF_ R COUNTY PRIORITIES FOR FIDE-YE.AR SECONDARY ROAD PROGRAM FOR YEARS 1977-78 THROUGH -1981-82 SECTIG-3 II: This Board requests that the following listed items be considered in this County's continuing five-year program for the use of Secondary Road Funds.. It is understood that the Department will program the fallowing listed projects in order of priority and subject to the availability of funds. 'Pi- Cr -.TTY GOT BI RlO.TYPE SECTION NO. JOB NO. ROAD NUMBER LENGTH PROJECT DE—CRIPTIM t PROJECT NAME-.-- FROM TO OF WOR 1 425363 88511- 1601 1.5 mi.. Barber Avenue S. R. 5/U. S. #1 Indian River j { " 2601 - " 3601 ,` 2 425365 88501 1603 S-711 1:3 mi. Indian•River S. R.'60 Barber Avenue " 2603 Boulevard - " 3603' 3 425360 88501 3601' 5-711 0.9 mi. Indian River. 17th Street S. R. 60 j Boulevard i 4 425350 88503 1602 S-609 4.0 mi.* Ranch Road. Barber avenue N. Winter Besch Road = P 2602 ° 1 it 3602 ° 5 425352 88508 1601 2.8 mi. Storm Grove Road Lateral "A" Road S. R. 5/U. S. #1 " 2601 — • r " 3601 6 425335 88601 1605 S-606 Approx. Oslo. Road. Approx. 2.0 mi./W of Ranch Road (S. R. S-609) ! ! 1 1126' 2.0 mi. S. R. 3-609 (Ranch Road) f • 4 1}„ 36 7. 425334 88507 1601 3.7 mi. 122nd. Avenue Oslo Road Osceola Boulevard (S.R. 60) t t 2601 Extension ` 3601 t 8 .425331 '88504 1601 1.0 a. Citrus Road Kings Highway Clemens Avenue • ” 2kl " 3601 9 425332 88600 1602 0.5 mi. 16th Street. E. 20th Avenue Dixie Avenue (S.R. 605) ! 6 " 2602 ' '► 3602 t 10 425342 88505 16 S-519 4.6 mi. Blue Cypiess,Road Blua Cypress Lake Osceola Boulevard (S. R. 60)� 26 0 36 , mss. 1 1 ------- --- SHEET. 2 Or 2 EXHIBIT "A" INDIAN RIVER COUNTY PRIORITIES FOR FIVE-YtAR SECONDARY ROAD PROGRAM FOR YEARS 1977-78 THROUGH 1981-82 SECTION II: This Board requests that the following listed items be considered in this County's continuing five-year program for the use of Secondary Road Funds.. It Is understood -that the Department will program the following listed projects in order of priority and subject to the availability of funds. .1;;'Ri__T_GOT '� - T �:':;.TY - EI NO. SECTION NO. JOB NO. ROAD _NUMBER LENGTH PROJECT DESCRIPTION PROECT NAME FROM TO E 09K TYP6F 11 425349 88503' 1604 S-609 2.0 mi. Ranch Road X. Winter Beach Road W. Wabasso Road It 2604 3604 12 425364 88501 1601 S-711 1;3 mi. Indian'River. Barber Avenue North Gifford Road 2601. Boulevard 3601 13 425358 88512 1101 1,2 mi, North Gifford S. R. 5/u. S. #1 Indian River Boulevard if 2601 Road 3601 14 425357 88505 1602 0.7 m i. N. Winter Beach S. R 5!U. S. #1 Indian River 2602 Road 3602 15 New 88601 s-606 Approx. 0iii-o-Road Approx. 3.'0 mi./W. of Approx. 2.0 mi./W. of Alignment Study and R/V 3.0 mi. S. R. S-609 (Ranch Road) S.R. S-609 (Ranch Road) I Map Developme4t only Division from Priority #6' to Pa'cilitatelProject Deyelopment iii M& - . EXHI8IT"A" • RESOLUTION ON USE OF SECONDARY ROAD FUHIDS ADOPTED FOR FISCAL YEARS 1977-1978 through 1981-1982 COUNTY OF Y TM!IAN RIVFR r SECTION I: The Board of County Colrnissioners concurs in the use of aforesaid funds for the following purposes. and projects,* and their inclusion in the Florida Department of Transportation's Annual Budget and Program of Mork for the above -listed five-year period: • . •' .DESCRIPTION . (a) M91 4 -t of Way for the following Primary Roads: Bi_get Ite.t State Job State Road - `v!7 Number Plumber Description " 415310 88060-2509' 19th Place/S.R. 60 One-way ,'air from N.W. 20th Avenue to S.R.S!U.S. #1; 1:1 miles' 4115311 88003-2501 17th Street Bridge From S.R.-5/U.S. 41. to S.R.• . 656 East -of the Indian River;. 2.0 miles 415341 88060-2513 •S: R. 60 Bridges From W: of Bridge #9 to' Ea$t of Bridge - 414 • ° y *and other high-priority primary .�...+ r,.wr...�•r..�.�.....-oma projects'as may 44 deemed necessary ..•r..�...r� M& COMMISiSIONER SJEBERT REPORTED THAT HE HAS MET WITH FORMER COM- ,. MISSIONER AND CONTRACTOR .JACK DRITENBAS IN REGARD TO FORMING A COMMITTEE TO STUDY THE FEASIBILITY OF A COUNTY BUILDING DEPARTMENT, AND HE WOULD LIKE TO REQPEST THAT A FIVE MAN COMMITTEE BE SET UP MADE UP OF HIMSELF, THE ADMINISTRATOR, .JACK DRITENBAS, FRANK CASANO, AN ELECTRICIAN, AND A REPRE- SENTATIVE FROM THE PLUMBING FIELD. HE STATED THAT HE HAS NOT YET BEEN ABLE TO GET A PLUMBER TO AGREE TO BE ON THE COMMITTEE AND WOULD LIKE THE CHAIR- MAN TO APPOINT THE COMMITTEE AS SOON AS HE CAN GET A PLUMBER. CHAIRMAN WODTKE APPOINTED TO THE COUNTY BUILDING DEPARTMENT STUDY COMMITTEE THE FOUR MEMBERS RECOMMENDED ABOVE, ALONG WITH ANOTHER MEMBER TO BE RECOMMENDED BY THE CHAIRMAN OF THIS COMMITTEE, COMMISSIONER SIEBERT. COMMISSIONER SIEBERT NOTED THAT THIS COMMITTEE WILL HAVE EX OFFICIO MEMBERS, SUCH AS BUILDING DIRECTOR DON ADAMS, AND IT WILL HOLD MEETINGS IN THE EVENING IN THE COMMISSION ROOM SO LOCAL CONTRACTORS CAN PARTICIPATE. THE BOARD OF COUNTY COMMISSIONERS RECESSED AT 12:00 NOON FOR LUNCH AND RECONVENED AT 1:30 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. COMMISSIONER SCHMUCKER REPORTED TO THE BOARD ON MEETINGS OF THE DATA PROCESSING STUDY COMMITTEE, NOTING THAT AT THE FIRST MEETING THEY SET UP CRITERIA FROM WHICH TO SELECT A CONSULTANT AND THEN ADVERTISED, CALLED SOME CPA FIRMS, CONTACTED COLLEGES, AND HAD FIVE INTERESTED PARTIES RESPOND. COMMISSIONER SCHMUCKER CONTINUED THAT AFTER REVIEWING THE RESUMES OF THESE FIVE, THE COMMITTEE DECIDED TO INTERVIEW .JOHN BURGER AND SAMUEL PETERKIN, JR., FOR THE POSITION OF CONSULTANT, AND IT WAS THE UNANIMOUS DECISION OF THE COMMITTEE TO RECOMMEND JOHN BURGER FOR THIS POSITION AS HIS REFERENCES AND INTERVIEW WERE VERY IMPRESSIVE. LETTER OF APPLICATION FROM MR. BURGER IS HEREBY MADE A PART OF THE MINUTES. W a CoAdma W 1/305) &7-.2900 Mr. Ed Schmucker, County Commisioner INDIAN RIVER COUNTY 900 eat W&e &ww Pil(effm,6. •5142 32901 March 1, 1977 Dear Sir; I am interested in acting as a consultant to your committee on data processing. Your new Clerk of the Court,Mrs. Freida Wright and your Finance Director, Mr. Bill Jackson will need well qualified advice to meet their objectives over the next five years in the area of financial control. I have spoken with your Mr. Steve Martin about my interest in Indian River County. I am presently the Systems Manager for the City of Melbourne and am free to do consulting work on my, own time where there is no conflict of interest with my City duties. My 20 years of experience have been heavily oriented to the design and implementation of financial control systems for -cities and counties. Both 'in-house' and 'service -bureau' approaches have been used. During the past five years Melbourne has become a model for other local governments. An article to this effect will be fortb.coming in -he tipril issue of "The American City & County Magazine". In 1974 Melbourne obtained its M.F.O.A. certificate of excellence based, in part, on our financial.control system on the computer. My references are attached and I invite you to call each one. A list of publications will be furnished on request. Please call me if I may be of any immediate assistance. Yours Truly,' John B. Burger CONSULTING, SYSTEM ENGINEER COMMISSIONER SCHMUCKER INFORMED THE BOARD THAT MR. BURGER WOULD LIKE TO HAVE JOSEPH MATTHEWS, A PROGRAM SPECIALIST, WORK WITH HIM AS AN ASSOCIATE, AND THE DATA PROCESSING STUDY COMMITTEE WOULD REQUEST A MAXIMUM BUDGET OF $3,000.00 FOR THIS WORK, INCLUDING A FINAL WRITTEN REPORT. THEY ESTIMATE THAT THE STUDY SHOULD TAKE SIX TO EIGHT WEEKS WITH TWO WEEKS TO COMPLETE THE FINAL WRITTEN REPORT. WO R 9 1977' COMMISSIONER SCHMUCKER STATED THAT THE CONSULTANT WILL ANALYZE THE CLERKS OFFICE AND PROGRAMS ON A FIVE-YEAR PROJECTION PERIOD AND DECIDE WHAT IS THE CLERK'S PARTICULAR RESPONSIBILITY AND WHAT IS OUTSIDE HER RESPONSIBILITY. THE CONSULTANT WILL ALSO LOOK AT THE CLERK'S OFFICE AS TO HOW IT WILL TIE INTO THE TOTAL COUNTY COMPUTER PROBLEM AND WILL ANALYZE It THE HIRING OF AN OUTSIDE SERVICE IN RELATION TO "IN-HOUSE. CHAIRMAN WODTKE ASKED FOR SOME INFORMATION ABOUT .JOSEPH MATTHEWS. FINANCE OFFICER .JACKSON REPLIED THAT MR. MATTHEWS IS A GRADUATE IN COMPUTER SCIENCES WITH SIX YEARS EXPERIENCE. HE HAS WORKED FOR THE CITY OF COCOA AS THEIR DATA PROCESSING MANAGER FOR THREE YEARS, AND THE SYSTEM THAT COCOA AND MELBOURNE USES IS THE SAME AS OUR OWN PRESENT SYSTEM ONLY SLIGHTLY UPGRADED, DISCUSSION FOLLOWED WITH REGARD TO PAYING THE CONSULTANT OUT OF THE COUNTY DEVELOPMENT FUND, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ACCEPTED THE REPORT OF THE DATA PROCESSING STUDY COMMITTEE AND THEIR RECOMMENDATION THAT .JOHN BURGER BE EMPLOYED AS A CON- SULTANT FOR THIS COMMITTEE TO PERFORM SERVICES OUTLINED IN A CONTRACT TO BE DRAWN BY THE COUNTY ATTORNEY; MR. BURGER TO BE PAID UP TO $3,000.00 TO PERFORM THIS SERVICE; AND THUS CONSULTANT SERVICE TO BE PAID FOR FROM THE COUNTY DEVELOPMENT FUND. 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: 0 MAR 91977 _ 37 I VERO BEACH PRESS -JOURNAL Al Published !il/eelcly Vero Beach, Indian River County, Florida 'COUNTY OF INDIAN .RIVER: STATE OF FLORIDA r Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being e in the matter of 4 1 cv S . za 0 in the Court, was pub- fished in said newspaper in the issues of A a 7 19'r-1 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- tisen-ent; 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..1 p ` Sworn to and subscribed before me this ,r_d of A.D- j (Business a ger) (SEAQ (Clerk of the Circuit Court, Indian Rivaitounty, Florida) NOTICE 07: PUBLIC PC:ARIPM The,. Board of County Comm.ssio,^ers cf z 'Indian River County, Florida, w:11. on t.:e "day of fvtarch, 1477, a4 2:.0 F.M. in the r ant :f i ,,County Commissioners Room at t27 - ,River County Court Ncuse, Vero Scar. 4iver County, Florida, consider grzn%9 an xclusive franchise for forty (63) years to: RALMAR. ASSOCIATES. .I V_ :CCIZPORATED . { 2003 Cardinal Drive 1 '.i Vero Beach, Florida 32960 -- 1 to erect, construct, operate and maintain a q ;sewer system within all that part of Intiaa ;River .County, Florida, located within the following -described boundary lines, to -crit: the North th of the Northeast ri$ of the'. Norlheast N of 5c^_tion 35, Township 32 _r jth,' lRange 39 East, Indian River County, F: rN3;, ILESS and EXCEPT trio SwAft30feet tiereof- .b 1 Franchise rates and hank -up charges will b2 as follows. S12.00 per month for four fixture units cc, less; and an addffierat S2.0 per tnon'a f -r I ,each additional fixture unit (a fixt;ue un't• being, eing defined as on -,toilet R:,ster (loser) e:* oae sink (lavatory), or the like). HG,.? -up. i charge shall be $700.0 to, each owner of Li-; dividual units. - Parties in interest and citizens will r:e t+eard bi .the Board at said Public Hearing. - Dated iris 23rdd�yclrehruary,i>.,. - Board of County Commissioners Indian River County, Florida. By:•s-VdilhamC Wodike,Chairma."o A MARK FALB, PRESIDENT OF RALMAR ASSOCIATES, INC., APPEARED AND ASKED IF THERE WERE ANY QUESTIONS BEYOND THE DOCUMENTATION HE HAD SUBMITTED TO THE BOARD IN REGARD TO THE REQUESTED FRANCHISE. COMMISSIONER SIEBERT ASKED, IN VIEW OF WHAT HE HAD READ IN THE NEWSPAPERS, IF RALMAR, RATHER THAN PURSUING GETTING THEIR SEWER SERVICE FROM THE CITY, NOW INTENDS TO HAVE THEIR OWN TREATMENT PLANT. MR. FALB STATED THAT THEY HAD APPROACHED THE CITY IN REGARD TO TYING INTO THEIR LINES FOR SEWER SERVICE, AND THEY AGREED, BUT THEY ALSO WANTED RALMAR TO BE IN THE CITY SERVICE FOR WATER. $INCE RALMAR IS ALREADY UNDER CONSTRUCTION WITH THEIR PROJECT, RATHER THAN GO THROUGH A LONG PRO— CESS TO GET THIS STRAIGHTENED OUT, THEY DECIDED TO PROCEED WITH THEIR ORIGINAL PLAN AND BUILD A TREATMENT PLANT. 11 MAR 91977 �•Wit29 ,•��. 3a CHAIRMAN WODTKE ASKED IF THIS FRANCHISE IS FOR THEIR ENTIRE ACREAGE OR JUST THE PRESENT DEVELOPMENT. r MR. FALB STATED THAT IT INCLUDES THE WHOLE TWENTY ACRES, COMMISSIONER SIEBERT ASKED IF ANY CONSIDERATION HAS BEEN GIVEN TO A SINGLE TREATMENT PLANT FOR BOTH DOCTORS' GROUPS, MR. FALS SAID THAT IT HAS NOT FOR TWO REASONS - ONE IS THE TIMING AND THE OTHER IS THAT RALMAR DOES NOT HAVE ENOUGH PROPERTY TO EXPAND THE p!_ANT TO MEET THEIR NEEDS AS WELL. CHAIRMAN WODTKE ASKED IF CONSTRUCTION HAS BEEN STARTED ON THE WATER PHASE, AND MR. FALB REPLIED THAT THE PROCESS WILL BE STARTED IN THE MORNING - THE TRACKS ARE JACKED UP, AND THE MATERIAL IS ON SITE READY TO BE INSTALLED. THE CHAIRMAN ASKED IF ANYONE IN THE AUDIENCE WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEAPING. COMMISSIONER SIEBERT SUGGESTED, SINCE THERE IS ANOTHER CLOSFLY RELATED SUBJECT TO BE DISCUSSED, THAT THE DECISION ON THE FRANCHISE BE TABLED UNTIL AFTER THIS SUBJECT IS APPROACHED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AGREED TO TABLE A DECISION ON THE FRANCHISE UNTIL AFTER DISCUSSION ON THE WATER ALLOCATION FOR RALMAR. ATTORNEY COLLINS STATED THAT A CONTRACT WITH RALMAR HAS BEEN PRE- PARED AS DIRECTED BY THE BOARD AFTER JOINT MEETINGS BETWEEN RALMAR;ASSOCI- ATES AND HIMSELF', HE NOTED THAT ATTORNEY .JACKSON HAS MADE A FEW CHANGES WHICH HE FINDS ACCEPTABLE, AND THE AGREEMENT COVERS THE ALLOCATION OF THE WATER; THE RUNNING OF THE ZZ" LINE UP TO 36TH STREET; AND THE IO" LINE UNDER THE RAILROAD TRACKS; AND SETS OUT HOW THIS WILL BE PAID FOR. MR, FALB THEN INFORMED THE BOARD THAT IN ORDER TO PRESSURIZE THE LINE FROM THE CITY PLANT TO THEIR -PROJECT AND SUBSEQUENTLY TO VERO MED, THEY WOULD HAVE TO INSTALL THEIR OWN PUMPING STATION WHICH WOULD SERVE ONLY THEIR OWN PROJECT AND THEN BE ABANDONED LATER. AS AN ALTERNATIVE, ENGINEER DEAN LUETHJE SUGGESTED THEY ATTEMPT TO TAP INTO A PRESSURIZED MAIN BELONG- ING TO THE CITY. MR.-FALB NOTED THAT CITY COUNCIL GAVE THEM PERMISSION a F TO DO THIS WITH A COUPLE OF CONTINGENCIES. FIRST WAS THAT RALMAR COULD UTILIZE THIS LINE, RATHER THAN BUILD A PUMPING STATION, FOR A PERIOD OF 12 MONTHS ONLY, AND SECOND, THE CITY WOULD REQUEST RALMAR TO INSTALL INDI- VIDUAL METERS FOR EACH OFFICE AND THE CITY WOULD READ THE METERS DIRECTLY AND BILL RALMAR DIRECTLY AS OPPOSED TO BILLING THE COUNTY AND THE COUNTY BILLING RALMAR MR. FALB CONTINUED THAT THIS WOULD GIVE RALMAR THE ADVAN- TAGE OF NOT HAVING TO BUILD A PUMPING STATION AND MAINTAIN IT. HE FELT THE ONLY DISADVANTAGE TO THE COUNTY IS THAT WE WOULD NOT BE GETTING REVENUE FOR THE WATER, BUT POINTED OUT THAT THE COUNTY WOULDN'T HAVE TO MAINTAIN A STAFF TO READ METERS AND SEND OUT UTILITY BILLS EITHER. MR. FALB RE- QUESTED THAT THE COUNTY ALLOW HIS COMPANY TO DO AS THE CITY REQUIRES. MR. FALB THEN ASKED AT WHAT POINT IN TIME WOULD THE COUNTY ACCEPT THE WATER LINES HE IS BUILDING AND SUGGESTED THAT SINCE THE AGREEMENT WITH THE CITY WOULD BE GOOD FOR A YEAR THAT RALMAR WOULD MAINTAIN AND BE RESPON- SIBLE FOR THESE LINES FOR THE YEAR AND AT THE END OF THE YEAR WOULD REQUEST THE COUNTY TO ACCEPT THE LINES, OR AT THE TIME THE COUNTY BUILDS <,'HE LINE TO GIFFORD AND SETS UP A UTILITY DEPARTMENT. CHAIRMAN WODTKE ASKED WHEN WE HAVE THE LINE GOING TO GIFFORD, WILL IT BE A PRESSURIZED LINE? ENGINEER JAMES BEINDORF STATED THAT THE LINE WILL BE PRESSURIZED ,UP TO THE STORAGE TANK IN GIFFORD, AND REITERATED THAT RALMAR DOES NOT WANT TO HAVE TO BUILD A TEMPORARY PUMPING STATION AND HAD INTENDED TO PUT INDIVIDUAL METERS IN THE OFFICES IN ANY EVENT. HE NOTED THAT THE WATER REVENUE WOULD NOT BE A LARGE AMOUNT BECAUSE THE ALLOCATION IS FOR A MAXIMUM OF 10,000 G.P.D. COMMISSIONER SIEBERT ASKED IF BOTH RALMAR AND THE OTHER DOCTORS' GROUP WOULD USE THE SAME.LINE. MR. BEINDORF STATED THAT HE DOES NOT FEEL THEY WILL BE USING IT IN THIS TIME FRAME AS THEY DO NOT EVEN HAVE A ROAD BUILT YET, AND MR, FALB POINTED OUT THAT THE DOCTORS' GROUP WAS AT THE CITY COUNCIL MEETING AND HEARD THE PRESENTATION. COMMISSIONER LOY NOTED THAT THIS WOULD GIVE US A YEAR TO GET INTO THE BUSINESS OF RUNNING OUR LINE ON UP TO GIFFORD, 0 AR 91977 40 I ATTORNEY°COLLINS INFORMED THE BOARD THAT SINCE COUNTY FUNDS WILL BE INVOLVED IN THE 12" LINE AND THE LINE UNDER THE RAILROAD TRACK, THE COUNTY WILL HAVE TO OWN THESE LINES, HE SUGGESTED POSSIBLY HAVING A MAIN- i TENANCE AGREEMENT WITH RALMAR, i MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY -COMMISSIONER Loy, TO APPROVE THE REQUEST OF RALMAR ASSOCIATES, INC., TO PROCEED WITH i THEIR AGREEMENT WITH THE CITY OF VERO BEACH TO TIE INTO THE CITY' PRESSUR- IZED MAIN AND TO HAVE THE CITY READ THE METERS AND BILL RALMAR DIRECTLY FOR A 12 MONTH PERIOD IN ACCORDANCE WITH THE AGREEMENT BETWEEN INDIAN RIVER COUNTY AND RALMAR ASSOCIATES, COMMISSIONER SIEBERT POINTED OUT TO CITY MANAGER LITTLE THAT THE COUNTY IS NOT GIVING UP THIS SERVICE AREA, BUT JUST GOING ALONG WITH THE SUGGESTION MADE BY RALMAR SO THEY DO NOT HAVE TO BUILD A TEMPORARY PUMPING STATION, CITY MANAGER LITTLE, WHO WAS PRESENT OUT OF PERSONAL INTEREST AND NOT AS A REPRESENTATIVE OF THE CITY, STATED HE FELT SUCH.A PUMPING STATION WOULD NOT ONLY BE A HORRIBLE EXPENSE, r' -!T MIGHT NOT EVEN BE WORK- ABLE WITH SUCH A SMALL LOAD, HE CONJECTURED THAT THE ARBITRARY 12 MONTH TIME LIMIT COULD BE EXPANDED IF NECESSARY AND THAT, IF THREE MONTHS FROM NOW THE "LOG JAM" BROKE AND THE COUNTY WAS READY TO GO AHEAD, THE TEMPORARY CONNECTION COULD BE TAKEN OUT AND RALMAR COULD GO TO THE COUNTY PUMPING STATION WHEN BUILT, THE CHAIRMAN CALLED FOR THE QUESTION, IT WAS VOTED ON AND CAR- RIED UNANIMOUSLY, ATTORNEY COLLINS SUGGESTED WITH REGARD TO THE COUNTY'S AGREEMENT WITH RALMAR, THAT ATTORNEY .JACKSON EXPAND THE DOCUMENT TO COVER THE MATTERS JUST DISCUSSED AND STATED THAT HE IS SATISFIED WITH THE CONTENT OF THE AGREEMENT AS PRESENTED TODAY, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE AGREEMENT WITH RALMAR ASSOCIATES, INC., SUBJECT TO THE INCLUSION OF THE PREVIOUS ACTION OF THE BOARD AND AFTER REVIEW AND APPROVAL BY THE COUNTY ATTORNEY, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN, 41 COMMISSIONER SIEBERT STATED IT APPEARS OBVIOUS THAT BOTH DOCTORS' GROUPS ARE GOING TO BUILD PACKAGE TREATMENT PLANTS AND PROCEED WITH THEIR WATER ALLOCATION WITH THE COUNTY, HE NOTED THAT HE REALIZES THE CITY HAS PROBLEMS IN GIVING SEWER SERVICE WITHrJT WATER SERVICE ALSO, BUT SINCE IT OBVIOUSLY IS NOT IN THE BEST INTERESTS OF THE AREA UP THERE TO HAVE TWO PACKAGE PLANTS, ASKED CITY MANAGER LITTLE IF HE FELT THE CITY MIGHT RE— CONSIDER THEIR POSITION AND PROVIDE THEM THE SEWER WITHOUT THE WATFR IN THIS UNIQUE SITUATION. CITY MANAGER LITTLE DISCUSSED THE UNDESIRABILITY OF A "SEWER ONLY CUSTOMER, BUT STATED THAT AS CITY MANAGER AND UTILITY DIRECTOR, HE WOULD WITHDRAW HIS OBJECTION IN THIS INSTANCE AND STRONGLY URGE CITY COUNCIL TO RECONSIDER. HE WENT ON TO DISCUSS THE TRIPARTITE AGREEMENT, WHICH HE FELT IS NOT A GOOD DOCUMENT AND HAS FORCED THE CITY TO DENY SERVICES THAT HE DOES NOT FEEL SHOULD BE DENIED. AND IS FORCING THE COUNTY TO DO SOME— THING THAT POSSIBLY THEY AREN'T READY TO DO. MR. LITTLE CONTINUED THAT HE FEELS IT IS HURTING THE COMMUNITY AT LARGE, WITHOUT REGARD TO POLITICAL SUBDIVISION LINES, TO TRY TO USE AN INSTRUMENT THAT WASN'T INTENDED FOR USE UNDER THESE CIRCUMSTANCES BUT WAS WORKABLE ONLY IF THE COUNTY WAS ACTU— ALLY IN THE WATER AND SEWER BUSINESS. COMMISSIONER SIEBERT STATED THAT IF THE CITY WOULD RECONSIDER WITH REGARD TO RALMAR, IT OBVIOUSLY WOULD NOT SET A PRECEDENT AND AGREED THAT WE ALL REALIZE THERE IS GREAT FALLACY IN THE TRIPARTITE AGREEMENT. ATTORNEY JACKSON NOTED THAT IF THE CITY WOULD IN A REASONABLE TIME RECONSIDER, RALMAR WOULD, OF COURSE, GO TO THE SEWER FIRST, BUT POINTED OUT THAT THEY WOULD STILL LIKE TO HAVE THE FRANCHISE NOW AS IT CAN ALWAYS BE RESCINDED IF THE CITY CHANGES THEIR POSITION. MR. FALB AGREED THEY WOULD LIKE TO HAVE THE BOARD MAKE A DECISION ON THE FRANCHISE NOW AS IT TAKES SIX OR EIGHT WEEKS TO GET THE PLANT AND THEY WANT TO BE READY IF THE CITY DOES NOT RECONSIDER. COMMISSIONER SIEBERT STATED THAT HE WOULD BE WILLING TO GO AHEAD WITH A GENTLEMAN'S AGREEMENT THAT IF RALMAR CAN GET CITY SEWER, THEY WOULD GIVE UP THE FRANCHISE. CITY MANAGER LITTLE INFORMED THE BOARD THAT HE WILL PROPOSE NEXT TUESDAY NIGHT AT THE CITY COUNCIL MEETING THAT IN THE CASE OF RALMAR, WHO IS IN THE COUNTY'S SERVICE TERRITORY, THEY GO AHEAD AS PROPOSED TODAY AND 42 Beek 29 42 AR 91977 SOLVE THE IMMEDIATE'PROBLEM BY LETTING RALMAR GO INTO THE HOSPITAL GRAVITY SYSTEM AND FLOW TO THE HOSPITAL LIFT STATION AS A SEWER ONLY CUSTOMER, HE CONTINUED THAT HE DOES NOT FEEL THAT WE SHOULD TRY TO AMEND THE TRIPAR- TITE AGREEMENT WITH A SEWER ONLY DISTRICT, BUT THAT THERE SHOULD E- A CITY - COUNTY COMMITTEE SET UP TO GO OVER THE TRIPARTITE AGREEMENT TO SEE IF IT CAN T BE MADE INTO A MORE FLEXIBLE INSTRUMENT TO SOLVE THE WHOLE COMMUNITY PROBLEM. CHAIRMAN WODTKE DISCUSSED APPROVING THE FRANCHISE WITH THE UNDER- STANDING THAT IF RALMAR IS ABLE TO ACQUIRE THE SERVICE FROM THE CITY, IT WILL BECOME NULL AND VOID, ATTORNEY COLLINS STATED THAT THE FRANCHISE WOULD HAVE TO BE RE - YOKED, BUT RALMAR COULD RELY ON THE FRANCHISE UNTIL IT IS REVOKED, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED GRANTING THE FRANCHISE AS ADVERTISED TO 6L'MAR ASSOCIATES, INCORPORATED, SUBJECT TO THE APPROVAL OF THE COUNTY ATTORNFY AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN., ATTORNEY COLLINS DISCUSSED WITH THE BOARD THE LAWSUIT AGAINST W.E,"BUD" JENKINS WITH REGARD TO VIOLATIONS OF THE MINING ORDINANCE, THE ATTORNEY NOTED THAT, AS AUTHORIZED BY THIS BOARD, HE HAD ENJOINED MR. JENKINS' MINING OPERATION UNTIL HE COMES INTO COMPLIANCE, HE CONTINUED THAT IN THE COURSE OF THE LITIGATION HE AND MR, JENKINS` ATTORNEY, ROBERT JACKSON, HAVE STIPULATED BETWEEN THEM CERTAIN THINGS THAT WILL BRING THE PROJECT BACK INTO COMPLIANCE, AND ATTORNEY COLLINS FELT THE BOARD SHOULD NOW EITHER ENDORSE THIS STIPULATION OR PROSECUTE FURTHER, CHAIRMAN WODTKE ASKED IF ATTORNEY COLLINS BELIEVED THE STIPULA- TION WILL CORRECT THE PROBLEM AND WHETHER HE WOULD RECOMMEND APPROVAL, ATTORNEY COLLINS SAID THAT HE WOULD, NOTING THAT BOTH HE AND ZONING DIRECTOR DEWEY WALKER FEEL THE PLAN SET OUT IN THE STIPULATION IS A REASONABLE ONE; IT IS FORESEEABLE THAT. COMPLIANCE' WILL BE HAD; AND THEY BELIEVE IT IS CONSISTENT WITH THE RECOMMENDATIONS OF THE MINING REVIEW COMMITTEE, ZONING DIRECTOR WALKER AGREED, STATING THAT HIS DEPARTMENT WILL SEE THAT THE CONDITIONS ARE CARRIED OUT, AND IF MR. JENKINS FULFILLS THE OBLIGATIONS, I.T WILL -GET HIM BACK IN BUSINESS. HE FELT IT IS A GOOD WORK- ABLE PLAN. 43 BAR 91977 reit 9 43 N,y - ATTORNEY COLLINS INFORMED THE BOARD THAT SOME OF THE DUMPING INTO THE LAKE MAY NOT BE WITH FILL THAT COMES FROM THE SITE. SOME OF THIS MATERIAL MIGHT CONSIST OF BLOCK, ROCK, ASPHALT, ETC., AND MR. JENKINS WOULD GET CREDIT FOR IT. j i NELSON HYATT OF THE MINING REVIEW COMMITTEE SAID IT -WAS HIS.UN- DERSTANDING THAT THE FILL REQUIREMENTS WOULD BE MET FIRST AND THEN THE PROCEDURE WOULD FOLLOW. HE NOTED THAT THERE WAS ACTUALLY AN 150' STRIP IN j VIOLATICN, BUT THE COMMITTEE ONLY STIPULATED THAT 40' NEED BE FILLED IN BEFORE MINING OPERATIONS COULD BE RESUMED. ATTORNEY COLLINS STATED THAT HE DOES NOT ANTICIPATE DISMISSING I THE INJUNCTION SUIT, AND IF MR, JENKINS DOES NOT COMPLY, WE HAVE THE IMME- DIATE VEHICLE TO SHUT HIM DOWN COMPLETELY. THE ONE -IN -FOUR LOADS ARRANGE- MENT WAS A COMPROMISE TO GET HIM BACK IN BUSINESS - GET THE RACETRACK TORN DOWN AND THE PROPERTY REZONED, THE ATTORNEY NOTED THAT MR. JENKINS WILL BE ABLE TO MINE DURING THE ZONING PROCESS BECAUSE HE HAS A LEGAL ARGUMENT AS TO A PRE-EXISTING SITUATION, BUT HE WILL BE MAKING THE ZONING APPLICA- TION AND THE PERMIT APPLICATION AT THE SAME TIME. I COMMISSICNER LOY ASKED WHAT ASSURANCE WE HAVE' THAT MR, JENKINS WILL COMPLY. ATTORNEY JACKSON POINTED OUT THAT THE SUIT HAS NOT BEEN DISMISSED, AND THE OPERATION CAN BE STOPPED IMMEDIATELY; EVERYTHING MUST BE FLAGGED; AND MR, WALKER WILL WATCH THE OPERATION VERY CAREFULLY. ADMINISTRATOR JENNINGS INQUIRED ABOUT THE METHOD THAT WILL BE .. i USED TO MONITOR THIS OPERATION, NOTING THAT IT WILL REQUIRE EITHER ALMOST f i CONSTANT SUPERVISION OR POSSIBLY CROSS -SECTIONING OF THE PIT. DISCUSSION FOLLOWED IN REGARD TO DIFFERENT WAYS OF DETERMINING j THAT ONE OUT OF FOUR LOADS ARE DUMPED IN TO FILL THE AREA IN VIOLATION, 1 AND IT WAS GENERALLY FELT IT WOULD HAVE TO BE MORE OR LESS A GOOD FAITH ARRANGEMENT. I ATTORNEY COLLINS SUGGESTED IF THE BOARD IS SATISFIED WITH THE BASIC CONCEPT THAT HE AND ATTORNEY JACKSON REDRAFT THE STIPULATION AND RE- SUBMIT IT. ADMINISTRATOR JENNINGS ALSO SUGGESTED THAT MR. JENKINS GET THE DER TO SPECIFY EXACTLY WHAT CAN BE DROPPED IN THE LAKE AS FILL, AND IF A PERMIT CAN BE OBTAINED, POSSIBLY SOME OF THE BUILDINGS THAT WILL BE TORN DOWN COULD BE DROPPED IN WHICH WOULD SAVE LANDFILL AREA. . I f 1977 rt9 44. COMMISSIONER L.OY STATED THAT SHE IS IN AGREEMENT WITH THE BASIC CONCEPT OF THE STIPULATION BUT FEELS THE TWO ATTORNEYS SHOULD GET TOGETHER AND GO INTO DETAIL ON EXACTLY HOW IT WILL BE EXECUTED AND CARRIED OUT, CHAIRMAN WODTKE ALSO AGRE-D WITH THE BASIC CONCEPT,. AND ADMON- ISHED MR. .JENKINS TO PUT IN MORE LOADS THAN REQUIRED RATHER THAN LESS TO SHOW HIS GOOD FAITH AS WE HAVE A RESPONSIBILITY TO THE OTHER MINING OPERA- TORS WHO ARE OPERATING WITHIN THEIR PROPER FRAMEWORK. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD APPROVED THE STIPULATION IN CONCEPT, THE FINAL AGREEMENT FOR THE COURT TO"*BE WORKED OUT BY THE ATTORNEYS. COMMISSIONER SCHMUCKER SUBMITTED TO THE BOARD MINUTES OF THE SEWER AND WATER COMMITTEE MEETING OF MARCH 2ND, WHICH ARE HEREBY MADE A PART OF THESE MINUTES. Wednesday March 2, 1977 The Sewer and Water Committee met at*the County Courthouse at 7:30 P.M. on Wednesday, March 2, 1977. Present were Edwin S, Schmucker, Chairman; Jack G. Jennings, County Administrator; George G, Collins, Attorney to the Board of County Commissioners; James Beindorf, County Consulting Engineer and Flip Lloyd, Engineer. Also present were Robert Donlon and George McKenna, County Employees. p The Chairman called the meeting to order and the Committee generally discussed a Water and Sewer Plan for the new Shopping Center to be located at 12th Street and U.S.1. The basic problem was that water is to be'served from a water plant owned by Indian River Utilities by installing a 4" water line approximately 2 1/2 miles along Old Dixie Highway to the site. A i sewer force main i- to be installed from the site along 12th Street and 6th Avenue and Rockridge Blvd. into the Sewerage Treatment Plant• After a lengthy discussion of the whole project, it was the decision of the Committee that the following suggestions be recommended to the Board of County Commissioners: o 1. The owner must obtain a franchise release of his property from Mid Florida Utilities. 2. There should be a Letter of Intent with reference to the agreement which is to be made between Indian River Utilities and the owner for water. 45 3. The owner shall be given a franchise for his site for both sewer and water. 4. The presentTripartiteAgreement specifies that the City charge the County operating costs plus 10%, thus the County must then in turn bill the franchise holder. The decision must be made by the County Commissioners as to how much more our billing would be over that of the City's. 5. After this cost billing is determined, the amount that the owner would charge his renters could then be determined for his franchise, 6. The owner is to own and construct, at his expense, the water line from the water plant to his site and'the sewer force main from his site to the sewerage treatment plant- There should be a stipulation agreement that the County could own the water line upon payment of $1,00 and separately, that the County could own the sewer line for payment of $1,00, 7. It is the recommendation of the Committee that an oversized line be constructed under the railroad track for the water line and that an oversized line be constructed under'U,S.l and under Indian Fiver Blvd. for the sewer force main. The County would have to make an agreemcnt to pay the difference in costs for the oversized liras. 8. There should be an oversized line from within the right-of-way of Indian River Blvd, into the sewerage treatment plant so that it will not be necessary to enlarge the line at a future date within the limits of the City's property. 9. It will be necessary for the County to take over the sewer force mains if more persons or developments are added into the line between the lift station and the sewerage treatment plant. The force main which will be constructed by the owner will pump 18 g.p.m, from the Shopping Center and have a maximum capacity of 100 g.p.ml 10. There will be little or no expansion capabilities for the -water line which will be installed by the owner, If the County were to take over the water line and storage tank for $1,00 there would have to be some guaranty to the owner for his service. 11. The owner will have to install a 4" sewerage meter at the sewerage treatment plant at an approximate cost of $2,800 which would have an accuracy of at least 5%. (A meter is planned with an accuracy of 1%) 12. The owner and the County should each require a bond from Indian River.Utilities with respect to their water service. There being no further business, the meeting.adjourned. MAR 91977 29 46 DISCUSSION FOLLOWED WITH REGARD TO THE COUNTY TAKING OVER THE WATER AND SEWER LINES. MEL SEMBLER OF MEL SEMBLER & ASSOCIATES, DEVELOPERS OF THE PROPOSED SHOPPING CENTER, (VERO MALL), STATED THEY WOULD HAVE NO OBJECTION TO THE COUNTY TAKING OVL;< THE SEWER LINE SO LONG AS ANYONE ELSE TYING INTO THE SEWER LINE WOULD NOT CREATE A PROBLEM AT THE SHOP— PING CENTER. HE CONTINUED THAT ALTHOUGH THE ELEVATED STORAGE TANK HAS A 125,000 GALLON CAPACITY, ONLY THE TOP 25,000 GALLONS IS AVAILreBLE FOR USE ELSEWHERE AS 100,000 GALLONS ARE REQUIRED FOR FIRE FIGHTING CAPA— BILITY BY THE INSURANCE UNDERWRITERS. LEONARD MCFEEDER, CONSTRUCTION ENGINEER FOR MEL SEMBLER & ASSOCIATES, INFORMED THE BOARD THAT THE WATER TANK HAS A MORTGAGE ON IT; IT IS INCLUDED IN THE FACILITIES OF THE SHOPPING CENTER, AND THEY ARE NOT AT LIBERTY TO DO ANYTHING WITH IT. CHAIRMAN WODTKE NOTED THAT ALL OTHER FRANCHISES HAVE DEALT ONLY WITH THE SYSTEMS AND DISTRIBUTION LINES; SUCH THINGS AS THE PLANTS, WATER TOWER, ETC1.4 WOULD HAVE TO BE NEGOTIATED FOR BY THE COUNT:'. HE NOTED THAT IF THIS IS INCLUDED IN THE INDIAN RIVER UTILITIES FRANCHISE AREA, THEIR FRANCHISE INCLUDES TAKING OVER OF THE LINES. CITY ENGINEER LLOYD POINTED OUT THAT IT IS THE DEVELOPERS INTENTION TO BUY THE WATER FROM INDIAN RIVER UTILITIES, BUT THE FRAN— CHISE SHOULD BE IN THE NAME OF THE SHOPPING CENTER. ~COMMISSIONER SCHMUCKER STATED THAT IT IS THE COMMITTEES RE— COMMENDATION THAT THE COUNTY ISSUE A WATER AND SEWER FRANCHISE TO THE SHOPPING CENTER OWNER. COMMISSIONER SIEBERT NOTED THAT HE UNDERSTOOD THAT CITY COUN— CIL HAS IN THIS CASE APPROVED MEL SEMBLER & ASSOCIATES AS A SEWER ONLY CUSTOMER. CITY MANAGER STATED THAT HE DID NOT FEEL THEY HAD ANY OBJEC— TION-IN THIS CASE, AND HE PROPOSED TO PUT THE VERO MALL ON THE CITY COUNCIL AGENDA NEXT TUESDAY NIGHT TO ASK THE COUNCIL TO OFFER THEM WATER AND SEWER SERVICE IF THAT�S WHAT THE COUNTY AND VERO MALL WISH DONE, 47 R 29 9� art ��� 47 COMMISSIONER SIEBERT NOT THAT IF THE COUNTY DOES. GET INTO THE WATER BUSINESS, THEY WOULD BE GIVING UP A LUCRATIVE AREA. CHAIRMAN VIODTKE ASKED, IF THIS WERE DONE BY THE CITY, WHETHER IT WOULD BE THEIR INTENTION IN THS' NEAR FUTURE TO OFFER WATER AND SEWER TO AREAS SURROUNDING THE CITY THAT MIGHT BE IN NEED OF IT. ' CITY MANAGER LITTLE SAID IT IS HIS INTENTION TO DEAL WITH THE PROBLEMS THAT WE HAVE TODAY AND HE FEELS A COMMITTEE SHOULD BE FORMED TO WORK ON THIS PROBLEM AND NOT RELY ON THE INSTRUMENT WE NOW HAVE. COMMISSIONER Loy STATED THAT SHE PERSONALLY WOULD MUCH RATHER HAVE THE CITY SUPPLY THE WATER AND SEWER TO AT LEAST THE IMMEDIATE OUTLYING AREAS, BUT FELT THAT THE CITY IS GOING TO HAVE TO MAKE SOME CONCRETE DECISIONS AND TELL US THAT THEY ARE INTERESTED IN EXPANDING THEIR UTILITIES. CITY MANAGER LITTLE SAID THE PROBLEM IS THAT OUTSIDE THE CITY LIMITS THERE.IS NO LEGAL AUTHORITY FOR THE CITY TO CREATE A WATER OR SEWER OR UTILITY DISTRICT; ONLY THE COUNTY HAS THAT AUTHORITY. HE FELT IF THE CITY AND COUNTY CAN GET TOGETHER AND AGREE ON AN ENTITY THAT IS GUING TO BE IN THE UTILITIES BUSINESS, THE PROBLEM CAN BE RESOLVED. COMMISSIONER LOY NOTED THAT WHAT CITY MANAGER LITTLE IS SAY- ING TODAY IS VERY DIFFERENT FROM WHAT WE HAVE HEARD OVER THE LAST FEW MONTHS, AND SHE FEELS SOME OF HIS SUGGESTIONS ARE VERY GOOD. SHE CON- TINUED THAT SHE FEELS, HOWEVER, THE OPPORTUNITY WAS THERE AND WE WERE REJECTED AND ARE NOW TRYING TO MAKE OUR WAY, MR. SEMBLER STATED THAT IT WOULD BE BETTER FOR EVERYONE CON- CERNED IF THE CITY WOULD FURNISH THE SEWER AND WATER, BUT IF THEY ARE NOT WILLING TO DO SO, HIS COMPANY WILL PROCEED UNDER THE BASIS THEY ARE WORKING ON NOW, WHICH IS PERHAPS NOT THE BEST BASIS, BUT THE SHOP- PING CENTER WILL BECOME A REALITY. COMMISSIONER SIEBERT ASKED MR. LITTLE IF PERHAPS THE COUNTY COULD PURCHASE ADDITIONAL WATER AND SEWER SERVICES FROM THE CITY AND IN TURN, SELL THEM TO THE MALL OUTSIDE THE TRIPARTITE AGREEMENT. DISCUSSION FOLLOWED ON HOW THIS MIGHT BE ACCOMPLISHED, AND COMMISSIONER SIEBERT STATED THAT HE WAS MAINLY TRYING TO THINK OF SOME 48 BAR 91977 ci��ti9 rA,„ WAY NOT TO GIVE UP A LUCRATIVE SERVICE AREA FOR THE COUNTY. HE NOTED THAT THE CITY OWNS THE FACILITIES AND SHOULD PROVIDE THE SER- VICES, BUT THE TIME FRAME INVOLVED DOES NOT ALLOW FOR A LONG NEGOTIA- TION MR. LITTLE SUGGESTED THAT THE SHOPPING CENTER COULD.BE MtTERED IN ACCORDANCE WITH THE CITY ORDINANCES AND BE A CUSTOMER UNTIL THE COUNTY GETS INTO THE UTILITY BUSINESS. COMMISSIONER SCHMUCKER NOTED THAT UP UNTIL TODAY THE CITY HAS BEEN VERY HARD -LINED ABOUT EXTENDING THEIR WATER AND SEWER SERVICES; WE COULDNIT EVEN AGREE ON HOW MUCH WATER WE WERE ENTITLED TO, BUT NOW POSSIBLY THE CLOUDS ARE BREAKING UP. HE CONTINUED THAT IF WE ARE GOING INTO THE SEWER AND WATER BUSINESS, WE DO NOT WANT THIS FACILITY TO GO TO THE CITY, BUT IT IS NOT PRACTICAL TO RUN TWO MILES TO A PLANT TO GET WATER AND BUILD MORE STORAGE TOWERS. HE AGREED THAT IT IS LOGI- CAL FOR THE CITY TO SERVICE AN AREA JUST.OUTSIDE ITS LIMITS, BUT THE COUNTY WOULD BE IN A VERY AWKWARD SITUATION TO HAVE TO RUN AROUND THE SHOPPING CENTER TO SERVE THE OTHER PEOPLE IPJ THIS AREA. MR. LITTLE STATED THAT HE REALLY DOESN'T HAVE THE AUTHORITY TO BE AT THIS BOARD MEETING, BUT INTENDS TO SPEAK UP BOTH HERE AND AT THE COUNCIL MEETING. HE CONTINUED THAT ONE OF THE THINGS THAT HAS TO BE CHANGED ABOUT THE TRIPARTITE AGREEMENT IS HAVING TO COME TO THE PLANT FOR.SERVICE. HE STATED TH4T IF WE DONT PROVIDE A VEHICLE FOR THE KIND OF GROWTH WE WANT AND THE TAX ROLL CEASES TO INCREASE AND INFLA- TIONARY TRENDS CONTINUE, NO MAGIC IS GOING TO PREVENT TAXES FROM GOING UP IN THIS COMMUNITY. MR. SEMBLER STATED THAT THEIR ATTITUDE HAS ALWAYS BEEN THAT IT WOULD BE BETTER FOR EVERYONE IF THE CITY WOULD SERVE THEM, BUT THEY WOULD LIKE THE BOARD TO APPROVE THE PROPOSITION BEFORE THEM TODAY, SO THEY CAN PROCEED IN ANY EVENT. HE POINTED OUT THAT THEY HAVE ALREADY PURCHASED THE ELEVATED'SPHERE AND ONLY HAVE 30 DAYS TO CANCEL. COMMISSIONER SIEBERT STATED THAT HE HAS A GREAT NUMBER OF PROB- LEMS WITH WHAT IS PROPOSED - THE FRANCHISE - THE RUNNING OF LINES 2-1/2 MILES TO SERVE ONE FACILITY - THE EXPANSION OF MR, LOHMAN'S PLANT, AND THE QUESTION OF WHO ULTIMATELY WILL ABSORB THE COST AND MAINTENANCE. ` ° 49 MAR 91977 II"r t 29 49 n MR. LLOYD STATED THAT NO PLANT EXPANSION IS ANTICIPATED, AND MR, LOHMAN INFORMED THE BOARD THAT HIS PRESENT PLANT CAPACITY IS AT LEAST FOUR OR FIVE TIMES GREATER THAN PRESENT REQUIREMENTS. COMMISSIONER SIEBERT NOTED THAT HE STILL HAS A PROBLEM WITH 2-1/2 MILES OF PIPE RUNNING THROUGH ANOTHER FRANCHISE AREA. MR, SEMBLER COMMENTED THAT A THIRD SOLUTION IS TO PUT WELLS ON THEIR OWN SITE, AND THEY CAN DO IT BUT ARE CONCERNED ABOUT THE RELIABILITY. COMMISSIONER SCHMUCKER NOTED THAT THE COMMITTEE DID NOT RECOM- MEND GIVING THE FRANCHISE TO MR. LOHMAN BECAUSE OF THE LINES RUNNING THROUGH ANOTHER FRANCHISE AREA, BUT POINTED OUT THERE ARE SIMILAR SITUATIONS IN OTHER PLACES, MR. LITTLE NOTED THAT FLORIDA POWER & LIGHT LINES RUN THROUGH MANY FRANCHISE AREAS, AND ELECTRIC LINES AND WATER LINES CRISS-CROSS ALL OVER THE COUNTRY. HE STATED THAT IF THE CITY DOES SUPPLY SERVICES, THEY WOULD NOT NECESSARILY GO BACK TO THE TREATMENT PLANT. COMMISSIONER SCHMUCKER SAID HE WOULD LIKE TO SEE THE BOARD TAKE SOME KIND OF ACTION SO THE DEVELOPER IS NOT LEF7 HANGING, ATTORNEY COLLINS STATED THAT THE BOARD CAN APPROVE A CONCEPT, BUT THERE ARE MANY THINGS TO BE HASHED OUT, DISCUSSION FOLLOWED RE TAP -ON FEES, ETC., AND COMMISSIONER SCHMUCKER SUGGESTED THAT POSSIBLY SOMETHING COULD BE WORKED OUT ON A TEMPORARY BASIS AS HAD BEEN DONE WITH RALMAR. IT WAS GENERALLY AGREED THAT 12 MONTHS WOULD NOT SUFFICE IN THIS SITUATION. COMMISSIONER Loy SUGGESTED THAT WE ASK MR, SEMBLER TO TAKE THE IDEAS PROPOSED TODAY AND GO TO CITY COUNCIL WITH THEM,"AND IF THIS IS NOT SUCCESSFUL, THE BOARD 'WILL CALL A SPECIAL MEETING. MR, SEMBLER STATED THAT HE WOULD LIKE TO BE ABLE TO GO TO CITY COUNCIL TO NEGOTIATE AND TELL THEM THAT HE IS ON ItGOIf WITH THE COUNTY. COMMISSIONER LOY DID NOT AGREE AND POINTED OUT THAT THE BOARD IS AT THE PRESENT MOMENT FOLLOWING DIRECTIONS GIVEN THEM BY THE CITY, AND SHE FELT ANY RECOMMENDATION TO CHANGE WILL HAVE TO COME FROM THE CITY. SHE CONTINUED THAT WE ARE HEADED DOWN A ROAD AND TRYING TO GET 50 n g �9�T ; .k .29 ;: i. 50 r-7 INTO THE WATER BUSINESS BECAUSE WE FEEL THE PEOPLE IN THE COUNTY NEED IT. IF WE GET A CHANGE OF POLICY DOCUMENTED FROM THE AGENCY THAT HAS THE FACILITY, THEN WE CAN RECONSIDER, BUT UNTIL THEN, WE MUST CONTINUE THE WAY WE ARE. MR. LITTLE PROPOSED THAT AT NEXT TUESDAY'S COUNCIL MEETING, HE WOULD ASK THE COUNCIL IF THEY WOULD ACCEPT VERO MALL AS A RETAIL CUSTOMER FOR SEWER AND WATER, AND ALSO WHETHER THEY WOULD ACCEPT THEM AS TEMPORARY CUSTOMERS FOR AS LONG AS THE COUNTY WISHES. COMMISSIONER Loy SUGGESTED THAT MR. LITTLE JUST ASK THEM IF THEY WILL TEMPORARILY ACCEPT VERO MALL AS A RETAIL CUSTOMER UNTIL THE COUNTY DETERMINES WHAT COURSE OF ACTION THEY WANT TO TAKE, COMMISSIONER SIEBERT STATED THAT HE FEELS THE BOARD SHOULD HOLD OFF ON ANY ACTION UNTIL AFTER THE CITY COUNCIL MEETING EVEN IF WE HAVE TO CALL A SPECIAL MEETING, MR, MCFEEDER NOTED THAT BASICALLY VERO MALL WOULD BE CONCERNED ABOUT TEMPORARY FACILITIES AND ASKED FOR SOME INDICATION OF A TTME SCHEDULE FOR A DECISION AS THEY MUST CANCEL THE ORDER OF THE STORAGE TANK WITHIN 30 DAYS FROM FEBRUARY 28TH, DISCUSSION FOLLOWED AS TO A TIME FRAME, AND ATTORNEY COLLINS STATED THAT THE BOARD WILL WORK EXPEDITIOUSLY, IT WAS POINTED OUT THAT DECISIONS NEED TO BE MADE AS TO ROUTING, SIZING, BILLING, ETC,j AND ATTORNEY COLLINS SUGGESTED THAT HE WORK TOGETHER WITH THEIR ATTORNEY TO PUT TOGETHER A BASIC SHELL AND THEN DECISIONS CAN BE MADE AS TO TECHNICALITIES, CHAIRMAN WODTKE INFORMED MR. SEMBLER THAT THIS BOARD IS COM- MITTED TO THE MALL FOR A WATER AND SEWER FRANCHISE, BUT THERE ARE DE- TAILS THAT HAVE TO BE -WORKED OUT. HE ALSO STATED IF VERO MALL CAN WORK OUT AN ARRANGEMENT WITH THE CITY ON A TEMPORARY BASIS, THE COUNTY WILL BE GLAD TO ACCEPT THAT. CHAIRMAN WODTKE THANKED CITY MANAGER LITTLE FOR APPEARING AT THE MEETING TODAY, 51 HAR 91977 �Gor 29 FAUr 51 13 F COMMISSIONER Loy SUGGESTED THAT THE CHAIRMAN ISSUE A PRO- CLAMATION COMMENDING THE LOS ANGELES DODGERS ON THEIR THIRTIETH ANNIVERSARY OF COMING TO VERO BEACH AND ASKED THAT SPECIFIC REFERENCE BE MADE TO THE EXTRAORDINARY FACILITIES THAT HAVE BEEN CREATED IN VERO BEACH AND INDIAN RIVER COUNTY AND THE DODGERS GENEROSITY IN MAKING THEM AVAILABLE FOR USE BY THE CITIZENS OF THIS COUNTY, AND FURTHER REQUESTED THAT THE CHAIRMAN PRESENT IT TO THE DODGERS G?ZGANIZA- TION ON FRIDAY, MARCH 11, 1977, IN DISCUSSION, IT WAS FELT THIS SHOULD BE DONE BY RESOLUTION, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIE - BERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0, 77-24 AS ABOVE, 52 MAR 91977 i RESOLUTION NO. 77-24 -- WHEREAS, 1977 marks the thirtieth anniversary of the DODGERS Organization holding spring training in Indian River County, Florida; and WHEREAS, the citizens of Indian River County desire to express their appreciation for the DODGERS' contribution to our area; and WHEREAS, the facilities constructed by the DODGERS are of unparalleled quality; and WHEREAS, the DODGERS have made these facilities available to our citizens for their enjoyment and recreation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that this Resolution shall be presented to the DODGERS Organization on Friday, March 11, 1977 in celebration of the DODGERS thirtieth anniversary with.Indian River County; and BE IT FURTHER RESOLVED, that all of the citizens of Indian River County, Florida, through this document, express their appreciation for the many contributions made by the DODGERS Organization to'our community. it 9 -4A, -w c 0 ( �IKO-A- 01 Chairman,County Comm' 4sioners MAR 9 1977 53 COUNTY PLANNER BRENNAN INFORMED THE BOARD THAT NINE APPOINTMENTS TO THE COASTAL LONE MANAGEMENT ADVISORY COMMITTEE ARE NEEDED FOR THE NEXT TREASURE COAST REGIONAL PLANNING COUNCIL MEETING, HE NOTED THAT THERE. ARE FRES^ENTLY 10 MEMBERS, BUT ONLY NINE ARE NEEDED, IN DISCUSSION IT WAS SUGGESTED THAT COMMISSIONER SCHMUCKER, WHO IS ONE OF THE PRESENT TEN MEMBERS, DROP OUT AND THE OTHER NINE BE RE- APPOINTED, IF ANY OF THEM SHOULD RESIGN, THEN COMMISSIONER SCHMUCKER WOULD BE APPOINTED IN THEIR PLACE, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD ADOPTED A RESOLUTION TO BE DRAWN BY THE ATTORNEY RE- APPOINTING ALL MEMBERS OF THE COASTAL ZONE MANAGEMENT ADVISORY COMMITTEE WITH THE EXCEPTION OF COMMISSIONER SCHMUCKER. SAID RESOLUTION WILL BE MADE A PART OF THE MINUTES WHEN RECEIVED, CHAIRMAN WODTKE INFORMED THE BOARD THAT CIVIL DEFENSE DIRECTOR LEE NUZIE NEEDED APPROVAL FOR SOME OUT -OF -COUNTY TRAVEL, ON MOTION BY COMMISSIONER �IEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUC'-Y APPROVED OUT -OF -COUNTY TR!"VEL FOR CIVIL DEFENSE DIRECTOR, LEE NUZIE, TO ATTEND A CIVIL DEFENSE WORKSHOP MEETING APRIL 6-8, 1977, AT CYPRESS GARDENS, WHICH IS -TO BE FUNDED BY THE STATE, AND ALSO TO MAKE A ONE DAY TRIP TO CIVIL DEFENSE HEADQUARTERS AT STARKE TO LOOK AT SURPLUS ITEMS. CHAIRMAN WODTKE REQUESTED ALL BOARD MEMBERS TO REVIEW THE FINAN- CIAL REPORT RECEIVED ON FEBRUARY 23RD FROM FINANCE OFFICER WILLIAM .JACKSON AS HE FEELS THERE ARE SOME ITEMS THAT NEED TO BE ADDRESSED, ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAS RECEIVED PERMITS FROM THE DOT TO INSTALL A TRAFFIC LIGHT AT OSLO ROAD AND 27TH AVENUE. COMP'IISSIONER SIEBERT NOTED THAT A LETTER HAS BEEN RECEIVED FROM STATE REPRESENTATIVE DALE PATCHETT IN REGARD TO SOME TRAFFIC SIGNS THAT *HAVE BEEN TURNED AROUND. CHAIRMAN WODTKE INSTRUCTED THE ADMINISTRATOR TO LOOK INTO THIS MATTER. ROBERT BALLARD, VICE CHAIRMAN OF THE HOSPITAL BOARD AND BOBBY MEADOWS, HOSPITAL ADMI-NISTRATOR, APPEARED, MR. BALLARD INFORMED THE BOARD THAT HE HAD BEEN CONTACTED ABOUT AN HOUR AGO BY A MEMBER OF THE MEDIA IN 54 29 54 MAR 91977 ' �j :: F REGARD TO DISCUSSION TODAY ABOUT A DISPUTE BETWEEN THE HOSPITAL BOARD AND THE COUNTY COMMISSION. HE NOTED THAT THE HOSPITAL WAS NOT ADVISED THAT THERE WAS GOING TO BE ANY DISCUSSION INVOLVING THEM TODAY, AND IF THERE IS A PROBLEM, THEY ARE NOT AWARE OF IT AND WOULD LIKE TO HAVE A MEMORANDUM ABOUT IT SO THEY CAN ADDRESS THEMSELVES TO IT AND BE PLACED ON THE AGENDA. CHAIRMAN WODTKE INFORMED MR. BALLARD OF THE LETTER RECEIVED FROM ALBERT LLIA CO, ASKING FOR FILL, THE UNPAID BILL FOR WORK DONE ON THE EN- TRANCE ROAD TO THE HOSPITAL, `iE PROBLEM INVOLVED IN EXTENDING THE DRAINAGE OUTFALL TO THE RIVER, AND THE ACTION TAKEN BY THE BOARD IN REGARD TO THESE MATTERS. j t MR. BALLARD STATED THAT THE HOSPITAL BOARD WILL NOT GO ALONG WITH ELIA'S REQUEST FOR FILL, AND IN REGARD TO MONEY OWING THE COUNTY, MR. MEADOWS WILL INVESTIGATE THE MATTER, AND IF IT IS OWING, IT WILL BE PAID. CHAIRMAN WODTKE DISCUSSED THE DRAINAGE AT THE HOSPITAL AND NOTED THAT THE COUNTY COMMISSION, AT THE REQUEST OF THE HOSPITAL, WENT TO THE DOT 030V.:_TIME AGO AND ASKED THEM TO ALLOW THE COUNTY TO GO IN AND ASSIST THE HOSPITAL WITH !HE DRAINAGE OUTFALL ON A TEMPORARY BASIS: NOW, HOWEVER, WITH OUR SCHEDULE ON THE LANDFILL, ALL OF OUR EQUIPMENT IS GOING TO HAVE TO BE INVOLVED WITH PREPARATION OF THE NEW SITE AND CLOSING OF THE PRESENT SITE, AND IT WILL BE VERY DIFFICULT FOR THE COUNTY TO HELP WITH THE HOSPITAL ,DRAINAGE SITUATION AT ALL UNLESS IT IS DONE VERY _QUICKLY. ADMINISTRATOR JENNINGS WENT OVER THE HISTORY OF THIS SITUATION WITH MR. BALLARD AND MR. MEADOWS AND STATED HE FEELS THE DRAINAGE DITCH WILL NOW HAVE TO BE CUT EITHER BY A MINI -CONTRACT OR UNDER REGULAR DOT PROCEDURE AND NOTED THAT THE COUNTY WOULD HAVE TO LEASE EQUIPMENT TO DO THIS WORK BECAUSE OF THE LANDFILL SITUATION. MR, MEADOWS ASKED IF THE COUNTY COMMISSION COULDN'T REQUEST THE MINI -CONTRACT. THE ADMINISTRATOR STATED THAT COULD BE DONE AS SOON AS THE RIGHT- OF-WAY SITUATION IS CLEARED UP AS THE DITCH CAN'T BE CUT UNTIL ALL THE RIGHT-OF-WAY IS OBTAINED AND POINTED OUT THAT WE HAVE BEEN TRYING TO GET THE RIGHTS-OF-WAY FOR TWO YEARS. ADMINISTRATOR JENNINGS THEN DISCUSSED THE UNPAID BILL FOR WORK DONE BY THE COUNTY ROAD AND BRIDGE DEPARTMENT ON THE ENTRANCE ROAD TO THE HOSPITAL AND QUOTED FROM LETTER WRITTEN BY MR. MEADOWS WHICH STATES THAT THE COUNTY WOULD BE REIMBURSED FOR THIS WORK. THE ADMINISTRATOR STATED 91977 55 '' 55 THAT THE TENTATIV& PLEDGE OF FEDERAL REVENUE SHARING FUNDS MADE BY THE i I COUNTY COMMISSION TO THE HOSPITAL IN 1973 HAD NO BEARING ON THE AGREEMENT ABOUT THE WORK ON THE ENTRANCE ROAD, AND IN ANY EVENT, HE FELT HE SHOULD ' I HAVE HAD SOME REPLY FROM THE HOSPITAL AFTER SUBMITTING THREE STATE1ENTS FOR THIS WORK, COMMISSIONER Loy STATED THAT TO HER KNOWLEDGE THE MATTER OF THE PLEDGE OF THE FEDERAL REVENUE SHARING FUNDS WAS COMPLETELY SETTLED IN � 1975 WHEN ACTION WAS TAKEN BY THE COUNTY COMMISSIONERS AND CONVEYED BY LETTER TO DR. PAUL TAYLOR, CHAIRMAN OF THE HOSPITAL BOARD, STATING THAT THESE FUNDS WERE MADE AVAILABLE ON A TEMPORARY BASIS AND THE SITUATION FOR WHICH THEY WERE MADE AVAILABLE NO LONGER EXISTED. 1 MR. MEADOWS NOTED THAT SOME MEMBERS OF THE HOSPITAL BOARD FEEL A COMMITMENT WAS MADE AND SHOULD STILL BE HONORED, AND MR. BALLARD RE- QUESTED COPIES OF ALL THE CORRESPONDENCE DATING BACK TO THE PLEDGE IN ORDER THAT HE MIGHT RESEARCH THE MATTER. COMMISSIONER SIEBERT POINTED OUT THAT BOTH THE HOSPITAL AND THE BOARD OF COUNTY COMMISSIONERS ARE TAXING AUTHORITIES, AND THE COUNTY ONLY AGREED TO STEP IN IN CASE OF AN EMERGENCY, BUT THE SITUATION NEVER AROSE. HE STATED THAT THE COUNTY COMMISSIONERS AS A TAXING AUTHORITY NEVER AGREED TO PICK UP ANY CONSTRUCTION COSTS FOR THE HOSPITAL, WHICH IS A SEPARATE TAXING AUTHORITY. 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 N0. 54373 - 54527 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 6:00 O'CLOCK P.M. ATTEST: J- CLERK 56 MAR 9 1977