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HomeMy WebLinkAbout4/6/1977WEDNESDAY, APRIL 6, 1977 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA ON �acD- NESDAY, APRIL 6, 1977, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, JR., CHAIRMAN: ALMA LEE Loy, VICE CHAIRMAN; WILLARD W. SIEBERT, SJR.; EnWIN S. SCHMUCKER; AND R. DON DEESON, ALSO PRESENT WERE .JACK G. JENNINGS, COUNTY ADMINISTRATOR; L. $, "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS JR., ATTORNEY TO THE BOARD OF COUNTY COM- MISSIONERS; WILLIAM P. JACKSON, FINANCE OFFICER; AND VIRGINIA HARGREAVES, DEPUTY CLERK, THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER SCHMUCKER LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REV. FRED W. MCCLELLAN OF THE FIRST PRESBYTERIAN CHURCH GAVE THE { INVOCATION. 3 THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONSTO THE MINUTES OF THF REGULAR MEETING OF MARCH 23, 1977. CHAIRMAN WODTKE REQUESTED THAT ON PAGE 7, 6TH PARAGRAPH, IN THE FIRST LINE THE WORD "HOSPITAL" BE CORRECTED TO READ "DOT." i THIS CORRECTION HAVING BEEN MADE, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE MIN- UTES OF MARCH 23, 1977, AS WRITTEN, f i ON MOTION BY COMMISSIONER $IEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR PERMIT TO CARRY A CON- CEALED FIREARM OF GARY HUDMON, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR RENEWAL PERMIT TO CARRY A CONCEALED FIREARM OF RICHARD P, COOK. RECEIVED FROM SHERIFF .JOYCE APPOINTMENT OF WILLIAM C. COOK AS A SPECIAL DEPUTY FOR THE KIWANIS-HOBART PARK AREA ONLY TO BE FILED WITH THE CLERK OF CIRCUIT COURT AND THE BOARD OF COUNTY COMMISSIONERS AND ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE SIGNATURE OF THE CHAIRMAN, i { f APR 61_977_, J�i .219 �v,47 f +,sq,... -..may.,. • r. n.•a - .. -!,n'Ct'^:..r�=. .�.•.r . ' ... - , ..-.a.. r. .. ^^.r. n• � • 4 S I ' 1'O THE HONORABLE BOARD OF -COMMISSIONERS OF LVDiA.N RIVER COUNTY, FLtr+ Iherewith appoint i57CAM• , COOK— •• oir KIWANIS /HOBART PARK ,Florida, a Deputy Sheriff -;f Indian River County, Florida to act under mega Shoriff of said County. ;t;p • + • 'rhe name and number- of the voting precinct of said Deputy, is Waba. precinct C heriff, In 'an River, Fl da 14 STATE OF FLORIDA ! • , f „i 'J., ' COUNTY MJF XNDIAN RIVER i,_ WILLIAM A. COOK , do solemulyswear that I will support, protect and defend the Con• stitution and Government of the United States and. of the State of Florida; that I am duly qualified to hold office under the Constitution of the State; and that I will won and faithfully perform the duties of Deputy Sheriff of Indian River County, Floridan in which I am now about to enter. So help me God. SUBSCRIBED AND SWORN TO BEFORE ME .. AT VERo BEACH, INDIAN RIPER COUNTY ' . FLORIDA, THIS DAY. OF `P0a4,rz,1 t , i , ' ` r �i Notary Pubfje, State of Ftortdd'at t ar9q , • My commission -expires Dec. 10, 1978 ; otary I'ubiia ,. - .. '!;�.._ ,� I • r .•r r r r rJr ,r .. •r •• r.r a -• i • r r r•r r r r '. •. - ` FUM WITH! ME Z1iIiIs DAl' OF ; i1 ,A� igkl, Clerk Circuit Court, ,. • . r. ar ; aIndian Rive County, Florida . .. SYiM •r •r �+ r.�.•r r•r M•s.o e r r•r ;r..aY .• r•r r - .• Filed with the Board of County Commissioners of Indian River County, Blonde, this � day of r do Chairman, Board of County Commissio r ... ATTEST •,�•t♦ jr, !e• „ Clerk r APR 61977 ON (`LOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN AN AGREE- MENT MAKING VERO BEACH NATIONAL BANK A DEPOSITORY OF COUNTY FUNDS, AS PER REQUEST OF FREDA WRIGHT, CLERK OF CIRCUIT COURT, 7� OFFICE OF COMP - r STATE OF FLORIDA TALLAHASSEE - GERALD A. LEWIS 32304 ! COM -TROLLER OF FLORIDA CERTIFICATE J In order to comply with Section 136.02(5), Florida Statutes, it 3 will be required that before any Bank or Savings and Loan Asso- ciation as a depository of county funds is qualified as a county depository, the county or municipal officer or member of a public '. board or body sball sign one of the following certificates. FREDA WiuHT, CLERK OF COURT , as custudian CUSIVULAll VI an iwit of public funds, am not a stockholder, officer or director of VERO BEACH NATIONAL BANK j NAME OF SAVINGS AND LOAN ASSOCIATION OR BANK r I j as custodian CUSTODIAN OF SAID FUND S i of public funds, am a stockholder, officer or director of however, ----N-7ME OF SAVINGS ND LOAN ASSOCIATION OR B NK I have not favored such bank or banks over other qualified I banks and there is no violation of Section 136.02(1), Florida] Statutes. O a ; i I f 4, 3 APR 61977 �, ..no DESIGNATION AND AGREE ri NT OF COUNTY DEPOSITORY FOR THE BOARD OF COUNTY COMMISSIONERS Under Chapter 13G, Florida Statutes, as amended. STATE OF FLORIDA COi.;NT7i OF_ Indian River THIS AGREEMENT, made and entered into this, the 6th day of Apr i 1 , A. D. 19!�7_ by and between the Vero Beach Nat iona I' Bank located at 1.750 South Federal Hi hway,* Vero Beach, Fla .-the Board of County Commissioners of the County of Indian River and the Comptroller, State of Florida. WITNESSETH: That the said Bank on the 6th day of- April A. D. 19 77 is he. eby designated a County Depository for Indian River County, Florida, as provided by law. This designation and agreement shall continue in effect until cancelled or discontinued by any party thereto, and until it has fully accounted for all funds deposited therein. 'If cancelled or discontinued by any party, the other parties shall be notified. The funds hereinabove referred to shall include: county funds, funds of all county officers, and funds of the county board of public instruction; the enurneration of said funds being herein :Wade, not by way of limitation, but of illustration, and it being the intent hereof that all funds of such county or of the board of county commissioners or the several county- officers or o. the board of public it of such county, shah be included. the bank does hereby agree to deposit to the credit of the Comptroller of the State of Florida acceptable securities or trust agreements sufficient to adequately secure deposits. It is further agreed tC.at the depository may substitute any acceptable securities or trust agreements. The securities pledgee: are to be su:ficient to adequately secure the funds and may be increased or decreased as the funds are increased or decreased. i The said securities or trust agreements therefor shall be subject to the approval of the CvnptrolIer of the State of F iorida, and shall be deposited with and 'held by him for the purpose of guarani : i g the faithful perfcr:r.a ice o: its duties as said Depository, as prescribed by law and such regulations as may be made by the Comptroller. It is agreed by the parties hereto that in case of a default upon the part of said Depository, or a failure upon its part to pay any warrant or order duly drawn upon it, when funds have been previously deposited with it in suf ficient amount to pay said warrant or order, that said Board may after giving ter. (10) days notice to said Depository of its intention to do so, request the State Comptroller to sell at public or private sale, at the optior. o: the Comptroller, a sufficient number and quantity of said securities, c: a other secur:iies pledged. substituted for and held in lieu thereof, to fully pay and liquidate the amount of said deposit infull. any excess over said deposit received upon such sale, after paymentof all cost incurred in making safe, to be immediately paid over to said Depository. IN WITNESS WHEREOF, The sainle- this agreement to be signed by its President and its Cashier, and has caused its corporate seal to ye affixed hereto, and the said The Doard of County Commissioners for the County of I nd i an R i ver State o: Florida, has caused its name to be hereunto signed by its Chairman, attested by the Cleric -'of Board, and has caused the seal of said Board to be affixed hereto, and the Comptroller has hereunto set his hard and affixed his official seal this the day and year first above written. Attest: Cashier. At test : Clerk. (Board Seal) APR 61977 By_ _( 11 , 1� a, President. TYE BOARD OF COUNTY C0M51IjS10\ERS 9 COUNTY OF STATE OF FLORIDA. Chairman. By: (Bank Sear Comptroller, State of Ftotiiia (Comptroller's Seal) I ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, ! THE BOARD UNANIMOUSLY APPROVED RETRO -ACTIVE OUT -OF -COUNTY -TRAWL FOR 4 ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS, TO ATTEND A MEETING IN REGARD TO PROPOSED ELECTION LAW REVISION TO BE HELD IN DELAND, FLA., MARCH 23, 1977, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR .JOHN HRKACH, VETERANS SERVICE OFFICER, TO ATTEND THE ANNUAL STATEWIDE VETERANS SERVICES OFFICER`S TRAINING CONFERENCE AND ABC CLINIC TO BE HELD IN DAYTONA BEACH MAY 14-19, 1977. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED RETRO -ACTIVE AND CURRENT OUT -OF -COUNTY TRAVEL IN APRIL FOR JUDITY WAKEFIELD, COUNTY EXTENSION DIRECTOR AND PETE SPYKE, AGRICULTURAL SPECIALIST, AS FOLLOWS: .JUDITY WAKEFIELD APRIL 5 & 6 PALM BEACH GARDENS* FAMILY LIFE TRAINING - TRAINING FROM STATE EXTENSION FAMILY LIFE SPECIAL - ISIS ON PARENTING. APRIL 14 COCOA COW -CAL; CLINIC - ANNUAL AREA EX- TENSION PROGRAM FOR CATTLE PRO- DUCERS IN THE AREA. APRIL 26-27 ST. AUGUSTINE* FORESTRY AND WATER MANAGEMENT TRAIN- ING APRIL 29-30 GAINESVILLE FLORIDA HOME ECONOMICS ASSOCIATION YEARLY CONXENTION AND FLORIDA EXTEN- SION HOME tCONOMISTS ASSOC, ANNUAL MEETING. .............. PETE SPYKE APRIL 14 COCOA COW -CALF CLINIC APRIL 18-29 GAINESVILLE* COMMUN CATION AND SMALL FARM PRO- GRAMS IN—SERVICE TRAINING. APRIL 26-27 ST. AUGUSTINE FORESTRY AND WATER MANAGEMENT TRAIN- ING, 'SON STATE TRAVEL FUNDS, CHAIRMAN WODTKE POINTED OUT THAT MRS. WAKEFIELD HAS ASKED WHETHER SHE SHOULD USE THE COUNTY CAR TO TRAVEL TO MEETINGS PAID FOR BY STATE TRAVEL FUNDS OR WHETHER TO USE HER PERSONAL.CAR AND TAKE ADVANTAGE OF THE STATE TRAVEL FUNDS. DISCUSSION FOLLOWED, AND ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AGREED THAT THE COUNTY 5 Book 2 vA It SPR 6 1977 ; EXTENSION DIRECTOR AND MEMBERS OF -HEA -STAFF BE AUTHORIZED TO TAKE ADVAN- TAGE OF STATE TRAVEL FUNDS WHEN THEY ARE AVAILABLE. VAN MURPHY, DISTRICT FORESTER, APPEARED AND INTRODUCED RALPH VAN HOEK, THE NEW FOREST RANGER SUPERVISOR FOR THE AREA OF ST, LUCIE AND INDIAN RIVER COUNTIES. WILLIAM T. CARLTON, CHIEF, DEPARTMENT OF NATURAL RESOURCES, APPEARED TO DISCUSS WITH THE BOARD THE CORPS OF ENGINEERS STUDY ON BEACH EROSION. HE STATED HE WOULD LIKE THE BOARD TO ENDORSE THE CORPS' PHYSICAL STUr', NOTING THAT THE CORPS NEEDS ENDORSEMENT IN ORDER TO BE ABLE TO CONTINUE THEIR STUDY. HE POINTED OUT THAT SO FAR IT HAS NOT COST THE COUNTY ANYTHING. MR. CARLTON ALSO NOTED THAT THE CORPS CANNOT CONSTRUCT ANYTHING UNTIL . THE COUNTY DEFINITELY STATES THEY WANT IT, AUTHORIZES IT AND SUPPLIES THE MONEY. HE, THEREFORE, FELT THAT THE BOARD HAS TIME TO CONSIDER ALL OF THE PROPOSALS THAT HAVE BEEN MADE LOCALLY AND SOME OF THE OTHER ALTER- NATIVES THE CORPS HAS GIVEN IN THEIR REPORT:, HE CONTINUED THAT THEY ARE VITALLY INTERESTED AT THE STATE LEVEL IN GETTING THESE PROJECTS AUTHORIZED AND INFORMED THE BOARD THAT THEY FEEL ARTIFICIAL BEACH RESTORATIOt,-IS THE ONLY REAL ANSWER WE HAVE AT THIj TIME. MR. CARLTON STATED THAT THEY DO NOT BELIEVE WE HAVE ENOUGH NATURAL SAND AVAILABLE TO REPLENISH THE BEACHES, AND FEEL THAT SAND MUST BE ADDED TO THE BEACH SYSTEM IN ORDER -TO STABILIZE THE BEACHES. IN REGARD TO COST; MR, CARLTON INFORMED THE BOARD THAT PANAMA BEACH HAD HURRICANE DAMAGE IN EXCESS OF 150.MILLION DOLLARS, AND POINTED OUT THAT IF THE CORPS HAD CONSTRUCTED AN 18 MILLION BEACH THAT WAS PROPOSED, THE DAMAGE WOULD PROBABLY ONLY HAVE BEEN 10% OF WHAT IT WAS. MR. CARLTON CONTINUED THAT THERE HAS BEEN A LOT SAID LOCALLY ABOUT UNSUCCESSFUL BEACH RESTORATION IN OTHER AREAS AND ASSURED THE BOARD THAT THEIR SUCCESSES OUTNUMBER THEIR FAILURES. HE GAVE CAPE CANAVERAL, POMPANO BEACH AND BAL HARBOR AS EXAMPLES OF THEIR SUCCESSES, NOTING THAT THEY HAVE NOT HAD TO GO BACK PRIOR TO THE TIME ANTICIPATED TO REFURBISH THE BEACH. HE AGAIN URGED THAT THE COUNTY ENDORSE THE CORPS'- PROJECT. CHAIRMAN WODTKE COMMENTED THAT OCEAN CITY, MARYLAND HAS HAD SOME SUCCESS BULLDOZING SAND FROM THE OCEAN FLOOR ONTO THE BEACH AND ASKED IF MR, CARLTON FELT SUCH A PROJECT WOULD BE A VIABLE CONSIDERATION FOR j' THIS COUNTY. 1 . t 6 APR 61977 MR. CARLTON ANSWERED THAT OCEAN CITY DOES HAVE A LOW PROFILE BEACH, POSSIBLY SHALLOWER THAN HERE, AND HE WOULD LIKE TO GET A REPORT FROM THE CORPS BEFORE MAKING ANY STATEMENT. HE STATED THAT THEY -WOULD NOT CLOSE THE DOOR TO ANY BULLDOZING IN THE FUTURE, BUT NOT BY INDIVIDUALS. HE POINTED OUT THAT ANY HOLE YOU DIG MUS" BE FILLED IN BY EROSION SOMEWHERE ELSE, COMMISSIONER LOY ASKED IF THE STATE IS SATISFIED WITH THE CORPS' REPORT RELATING TO THE SEBASTIAN INLET AREA. MR. CARLTON STATED THEY WERE -EXCEPT THAT THEY WOULD PREFER THE PROJECT TO INCLUDE THE SOUTH JETTY WHICH IS IN BAD SHAPE. COMMISSIONER LOY REQUESTED THAT MR. CARLTON SUPPLY THE BOARD WITH A COPY OF HIS LETTER= ENDORSING THE CORPS' PROJECT, AND CHAIRMAN WODTKE REQUESTED THAT IT BE RECEIVED BY THE MEETING OF APRIL 20TH. COMMISSIONER SCHMUCKER NOTED THAT THE MAJOR OBJECTION VOICED BY LOCAL GROUPS TO THE CORPS' STUDY IS THE COST. HE ASKED IF YOU EXTEND THE DUNE OUT,- HOW MUCH BEACH WILL BE..LEFT? MR. CARLTON STATED THAT THE BEACH IS THE RESULT OF WEATHER CONDITIONS AND THE BEACH FACE WILL REMAIN ,uBSTANTIALLY THF SAME. COMMISSIONER SCHMUCKER INFORMED HIM THAT THERE IS REAL OPPOSITION TO CONSTRUCTION OF ANY GROINS TO CONTAIN THE SAND PUMPING. MR. CARLTON STATED THAT THE CORPS DOES NOT FAVOR GROINS AND ONLY USE THEM IN CERTAIN SITUATIONS AND AREAS AS THEY TEND TO CREATE A DOMINO AFFECT. HE REITERATED THAT NO GROIN WOULD BE BUILT UNLESS THE COUNTY GAVE THE GO— AHEAD AND PAID FOR IT, COMMISSIONER SIEBERT-ASKED IF MR, CARLTON's LETTER COULD ADDRESS THE GROIN SITUATION•AND REQUEST THE CORPS TO LOOK CLOSELY AT IT WITH THE POSSIBILITY OF ELIMINATING ANY GROIN AS HE FELT A MAJORITY OF OUR CITIZENS WOULD BE A LOT MORE COMFORTABLE IF THIS WERE INCLUDED IN BOTH MR. CARLTON's LETTER AND ANY RESOLUTION THE BOARD MIGHT MAKE. COMMISSIONER LOY SUGGESTED THAT A RESOLUTION'ALSO STATE THAT WE WOULD .LIKE THE CORPS TO CONTINUE TO INVESTIGATE THE OTHER ALTERNATIVES THAT HAVE BEEN OFFERED, PETE- NOEL, REPORTER, INFORMED THE BOARD THAT THE CITY COUNCIL DID ENDORSE THE CONCEPT THAT WE PUSH THE PROJECT ALONG, BUT REQUESTED THAT THEY HAVE A VOICE BEFORE ANY GROINS ARE INSTALLED AND ASKED THE CORPS TO CON— TINUE STUDYING OTHER ALTERNATIVES, 7 APR 661977` CHAIRMAN WODTKE THANKED MR. CARLTON FOR APPEARING AND STATED HE FELT THE BOARD IS IN AGREEMENT WITH THE CITY'S ACTIONS° { DANA HOWARD OF CARTER ASSOCIATES, INC,, APPEARED REPRESENTING FRANK MANNINO IN REQUESTING TENTATIVE APPROVAL OF ARBOR OAKS SUBDIV=SION, HE INFORMED THE BOARD THAT I/3 ACRE LOTS ARE ALLOWABLE WHEN SERVED BY A PUBLIC WATER SYSTEM AS PER -THE -FOLLOWING -LETTER FROM THE -COUNTY HEALTH DEPARTMENIT, ` � 1trZt'�tit �ilxar (�nlzttttr � `� `��r.:zlt[t P tlrtlttFllt 2525 14TH AVENUE hero Pencil, 3FIariba 329611 C. C. FLDDD, M.D., M. P. H. March 16, 1077 i I i TELEPHONE 567-11U1 Mr. Dana Howard carter Associaties, Ync. 1708 21st Street Vero Beach, Florida 3296P Re: Arbor Oaks Subdivision Dear Mr. Howard: I have obtained clarification on the new subdivision law, Chapter 75-145, from the Environmental Health Program Office, Tallahassee, Florida,. Three (3) lot subdivisions may be developed under this law, provided each lot contains one-third (1/3) acre useable land, with a minimum dimension of seventy-five (75) feet and subdivision is served by public water system. Naturally, all other criteria as set forth in Chapter 1OD-6, Florida Administrative Code (Sewage Regulations) must be satisfactory. Sincerely, i Jack C. Allen, Director Environmental Health JCA:pj N�d.a164 APR 6 1977 0 COMMISSIONER'SCHMUCKER QUESTIONED STREET ACCESS, MR. HOWARD STATED THATT:HERE ARE EASEMENTS FOR INGRESS AND EGRESS BUT THEY ARE NOT DEDICATED STREETS. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THIS HAS BEEN BEFORE THE SUBDIVISION REVIEW COMMITTEE, AND THEY HAVE NO OBJECTIONS TO IT i AS PRESENTED, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO ARBOR OAKS SUBDIVISION, INTERGOVERNMENTAL-COORDI14ATOR THOMAS DISCUSSED APPLYI{ FOR TITLE IV FUNDS THROUGH THE DIVISION OF FORESTRY FOR -MISCELLANEOUS EQUIPMENT FOR THE SEBASTIAN, ROSELAND, FELLSMERE AND INDIAN RIVER SHORES FIRE DEPART- MENTS THE SAME AS WE DID LAST YEAR. HE NOTED IT WOULD INVOLVE AN AMOUNT IN THE NEIGHBORHOOD OF $500.00 FOR EACH DEPARTMENT AND REQUIRES MATCHING FUNDS. LAST YEAR IT WAS USED FOR SUCH THINGS AS AIR PACKS, HOSES, ETC. CHAIRMAN WODTKE STATED THAT HE WOULD LIKE TO SEE US PARTICIPATE, AJND THE BOARD AGREED, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, . ar,�.+ r-r,n T.-ri r T�/- THE BOARD UNANIMOUSLY AGKttJJ iu PAKT iCiFATE iiv i1FFL.1 i,.0 , ...-.. FUNDS AS DESCRIBED ABOVE; TO PROVIDE MATCHING FUNDS NOT TO EXCEED $2,500 TO BE TAKEN FROM FEDERAL REVENUE SHARING FUNDS;AND TO AUTHORIZE THE CHAIRMAN'S SIGNATURE TO THE APPLICATION UPON RECEIPT OF A REQUEST FROM THE FOUR FIRE DEPARTMENTS, THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: 9 APR 61977 erg =--165 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN k' VER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach In Indian River County, Florida; that the attached copy of advertisement, being In the matter of z Ll o • _r.Ai nn-. til Q!�_ In the Court was pub - fished In said newspaper in the Issues of a � 7 1 Q 0 n Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, In said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this a o hCk A,�,,, �g1rL / 1 (Business Manager) (Clerk of the Circuit Court, Indian Rive unty, Florida) (SEAQ r NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will receive bids to the hour of 9:30 A.M. Wednesday, April 6, 1977, for the following: 750 GPM Front Mount Fire Pumper with 1,800 Gallon Water Tar.': Specifications, instructions to bidders and bidding blanks are available at the Office of the County Administrator, Room 11S, County Court House, or will be mailed upon request. The Board of County Commissioners reserves the right to reject any or all of the bids and make awards in any manner which the Board considers to be in the best interest of Indian River County, Florida. Bids for the above item shall be submitted in an envelope securely sealed and marked on the outside to show the item being bid on and the date and time of the opening. The bids may be mailed or delivered to the Office of the County Administrator, Room 115, County Court House, Vero Beach, Florida, 32960. Proposals received after 9:30 A.M. April 6, 1977, will be returned unopened. Indian River County, Florida Board of County Commissioners By: William C. Wodtke Jr., Chairman Mar. 23, 27,1977.. SA THE CHAIRMAN THAN ASKED FOR RECEIPT -OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BID KAS RECEIVED, OPENED AND READ: PRECISION METAL SERVICES, FORT PIERCE 750 GPM FRONT MOUNT FIRE PUMPER WITH 101500 GALLON WATER TANK $27o000.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BID BEING REFERRED TO THE AD— MINISTRATOR FOR EVALUATION IN CONSULTATION WITH MEMBERS OF THE SEBASTIAN FIRE DEPARTMENT,. .SETH WINELAND, REFUGE MANAGEMENT AGENT OF THE U.S. FISH AND WILD— LIFE SERVICE APPEARED ACCOMPANIED- BY HAROLD .JOHNSON OF THEIR-TITUSVILLE OFFICE AND INFORMED THE BOARD OF THEIR INTEREST IN A TRACT OF LAND OWNED BY THE COUNTY ON THE SOUTH PART OF ORCHID ISLAND BETWEEN WABASSO CAUSE— ' WAY, AND DALE SUBDIVISION, HE INFORMED THE BOARD THAT THEY WANT TO PUT IN SEWERAGE FACILITIES, A BOAT DOCK AND BOAT HOUSE, ETC, IT WOULD 10 APR 6 1977 BE DONE ON A BASIS OF NATURE STUDIES. HE NOTED THAT THEY WORK WITH SCHOOL CHILDREN AT THE 4TH GRADE LEVEL. MR. WINELAND NOTED THAT THIS LAND WAS DEDICATED FOR RECREATIONAL. PURPOSES ONLY BY THE. STATE OF FLORIDA AND PROBABLY WE WOULD HAVE TO GO BACK TO THE STATE AND SEE IF IT COULD BE A JOINT VENTURE WITH THE DEPARTMENT OF INTERIOR. AGENT WINELAND CONTINUED THAT -THEY OPERATE BOAT TOURS FOR THE 4TH GRADE CHILDREN AND HAVE TO HAUL THEIR BOAT A CONSIDERABLE DISTANCE. THEY ARE NOW TAKING BIDS ON A PONTOON BO:,i WITH APPROXIMATELY A 50 -PERSON . f CAPACITY AND WOULD LIKE TO BULLD A BOAT HOUSE AND BOAT RAM r INTERGOVERNMENTAL COORDINATOR THOMAS STATED HE FELT THE SCHOOL BOARD WOULD HAVE A VERY DEFINITE INTEREST IN WORKING ON THIS PROJECT FOR NATURE STUDIES. HE POINTED OUT THE FISH AND WILDLIFE SERVICE IS PRIMARILY IN- VOLVED IN ENVIRONMENTAL EDUCATION AND PROTECTING AND PROMOTING ENJOYMENT OF THE WILDLANDS AND WILDLIFE OF THE UNITED STATES OF AMERICA. MR. THOMAS NOTED THAT THIS LAND WAS ALL MANGROVE AT ONE TIME, BUT SOME YEARS AGO A GOOD DEAL OF SPOIL WAS PUT IN THERE, AND THERE -ARE NOW 10 TO 12 ACRES THAT ARE HIGH GROUND. ;!E ALSO NOTED THAT SOME OF THE LOCAL P"ZOPLE USE IT FOR AN t1NAlJTH0R17Fn NIMP. AGENT WINELAND FELT THIS IS THE TIME TO STOP THAT PRACTICE BEFORE IT BUILDS UP. COMMISSIONER LOY ASKED WHETHER WE COULD BE ASSURED THAT THERE WOULD AE A PUBLIC RAMP WITH ADEQUATE PARKING DEVELOPED IN THAT AREA AND POSSIBLY HAVE SOME PICNIC AREA AS SHE WOULD LIKE TO BE SURE THE FARM BUREAU WOULD -CONCUR WITH THE PROPOSED DEVELOPMENT, AGENT WINELAND STATED THAT THEY PROPOSE THAT IT BE A PUBLIC FACILITY OF THIS TYPE, BUT NOTED THAT FOR ADEQUATE PARKING SPACE SOME TREES WILL HAVE TO BE REMOVED AND THE FISH & WILDLIFE SERVICE.IS OPPOSED TO REMOVING ANY MORE THAN NECESSARY. ' IN FURTHER DISCUSSION, IT WAS NOTED THAT THERE IS A PUBLIC LAUNCHING 9 RAMP LOCATED JUST TO THE WEST OF THIS AREA, AND IF THE FISH & WILDLIFE SERVICE SHOULD BUILD A BOATHOUSE FOR THEIR PONTOON BOAT, POSSIBLY THE MONEY COULD BE SPENT ON NATURE TRAILS AND PICNIC FACILITIES RATHER THAN ANOTHER BOAT RAMP. `COMMISSIONER SIEBERT ASKED IF THEY INTEND TO HAVE THISA SUPERVISED, AREA AS HE WAS SURE THE PEOPLE ON ORCHID ISLAND WOULD BE CONCERNED, 11 APR, 61977 R r �� .x.67 7 CHAIRMAN WODTKE AGREED THAT WE DO HAVE CONSIDERABLE PROBLEMS IN REMOTE AREAS WHERE WE DO NOT HAVE SUFFICIENT SECURITY AND THIS MUST BE TAKEN INTO CONSIDERATION, MR. WINELAND STATED THAT IT WOULD BE SUPERVISED, CHAIRMAN WODTKE ASKED IF THE FISH & WILDLIFE SERVICE HAS ADEQUATE FUNDS TO DEVELOP, MAINTAIN AND SUPERVISE THIS PROJECT, OR IF THE COUNTY WOULD HAVE ANY FINANCIAL RESPONSIBILITY, AGENT .JOHNSON ANSWERED THAT THE COUNTY'S ONLY RESPONSIBILITY WOULD TO LET THE FISH & WILDLIFE, SERVICE USE THIS LAND UNDER SOME KIND OF A LEASE ARRANGEMENT, CHAIRMAN WODTKE STATED THAT HE WOULD LIKE TO SEE THE FISH & WILDLIFE SERVICE PROCEED TO DRAW UP A PLAN OF DEVELOPMENT AND THEN MAKE A PRE- SENTATION TO THE BOARD AND FELT HE WOULD BE RECEPTIVE TO LETTING SOME OR POSSIBLY ALL OF THIS LAND BE USED FOR THIS PURPOSE, COMMISSIONER SIEBERT COMMENTED THAT IF THEY CAN PROVIDE THE FUNDS FOR DEVELOPING THE PARK; CAN PROVIDE PROPER SUPERVISION; AND CAN WORK COOPERATIVELY WITH THE FARM BUREAU A:!I) SCHOOL BOARD, HE WOULD BE RECEP- TIVF TO THE IDEA ALSO, RUT FFI.T WF SHOUI.n nFTFRihiNE JUST WHAT LEGAL RESPONSIBILITIES WE HAVE AND IT MUST BE -CHECKED OUT WITH THE TRUSTEE OF INTERNAL -IMPROVEMENT FUND. AGENTS WINELAND AND .JOHNSON BOTH AGREED THAT THEY WILLHAVETO HAVE ,SOME KIND OF LEASE AS THEY DO IN THE PELICAN ISLAND AREA EITHER THROUGH THE COUNTY OR TRUSTEES OF INTERNAL IMPROVEMENT FUND, AFTER FURTHER DISCUSSION, CHAIRMAN WODTKE INFORMED AGENTS WINELAND AND .JOHNSON THAT THE BOARD HAS INDICATED THEY ARE VERY INTERESTED IN -.THE i FISH & WILDLIFE SERVICE PROCEEDING WITH SOME KIND OF DEVELOPMENT IN THIS AREA IN COOPERATION WITH THE FARM BUREAU AND THE SCHOOL BOARD, AGENT WINELAND INVITED THE COMMISSIONERS AND MEMBERS -OF THE PRESS TO GO ON A BOAT TOUR WITH THEM. THE HOUR OF 10:00 O'CLOCK A.M. HAVE PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: 12 APR 61977 f VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being 0 n in the matter of oZck "IQ in the Court, was pub- lished in said newspaper in the issues of �Z1 ,_ fi Q— Q(`. f) Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Swom to and subscribed before me thisa ( d,�y of�1�fi' n- A;^ L.]�-L— _ l � (Clerk of the Circuit Court, Indian River o)nty, Florida) (SEAL) NOTICE OF I NTENT TO SECURE FINANCING Pursuant to Indian River County's purchase of property to be used for landfill purposes, the County will accept offers for short-term financing (less than 1 year), sufficiently collateralized at 10:00 A.M. on the 6th day of April, 1977. Offerors shall indicate in writing interest rate based upon a tentative principal' amount of $600,000.00. Indian River County reserves the right to accept or refuse any or all offers. Board of County Commissioners of Indian River County, Florida By: William C. Wodtke Jr. Chairman -Mar. 20,1977. ....`_ •, ..,.. THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: IMIgr CURM BANK OF USTMALN IUVM (X)iJNTY April 5, 1977 Board of County Commissioners of I Indian River County, Florida County Courthouse ' Vero Beach, Florida 32960 Gentlemen:' i Pursuant your Notice of Intent to Secure Financing as called for in your legal notice of March 20, 1977, we wish to submit the following offer to loan to Indian River County for the purpose of purchasing property to be used for landfill purposes. :We agree to loan a tentative principal amount of $600,000.00 for a short-term financing (less than 1 year), sufficiently collateralized, at an interest rate of 4.65% per annum. Respectfull submitted, A. J. Sanchez Execu ive Vice.'President 13 APR ` 61977 '�`' 114.NX Grp '%TIR® BEACII April 5, 1977 William C. Wodtke, Jr. Chairman Board of County Commissioners Indian River County, Florida RE: Bid for Short -Term Financing as Advertised in The Vero Beach Press Journal Board of County Commissioners: Regarding the above advertised bid for short-term financing, First Westside Bank of Vero Beach, a Florida Banking Corporation, respectfully submits an offer in the amount of $600,000.00 plus interest at 4.68 per cent per annum. This offer is submitted pursuant to your advertised bid which indicates that the purpose of the funds is to purchase real property to satisfy Land -Fill requirements; that the loan will be sufficiently collateralized; and that the loan is to be re- paid within one year. Res ct lly your Z3 Charles H. Lavin Vice President and Cashier DISCUSSION FnI_LOWED AS TO HOW LONG A PERIOD OF TIME THESE BIDS WOULD HOLD GOOD AS SOME TIME IS NEEDED TO SECURE PERMISSION TO USE FEDERAL REVENUE SHARING FUNDS AS COLLATERAL. MR. SANCHEZ AND MR. LAVIN BOTH AGREED THEY WOULD BE GOOD FOR 30 DAYS. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER 81EBERT THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED -TO THE FINANCE OFFICER IN CONSULTATION WITH THE ATTORNEY FOR EVALUATION AND BEING PLACED ON THE AGENDA OF THE MEETING OF APRIL 20TH, MARK FALB, PRESIDENT OF RALMAR ASSOCIATES, INC., AND DEAN LUETHJE I OF BEINDORF & ASSOCIATES, INC., APPEARED TO REVIEW CONSTRUCTION BIDS ON THE 611%12" WATER MAINS TO SERVE THE MEDICAL ARTS CENTER. ADMINISTRATOR JENNINGS STATED THAT HE HAS REVIEWED THE PLANS; SPECIFICATIONS; AND BIDS WITH MR. LUETHJE AND MR; BEINDORF. ATTORNEY COLLINS STATED THAT HE FELT THE COUNTY'S AGREEMENT WITH RALMAR SHOULD BE DISCUSSED AT THIS TIME AS THESE MATTERS ARE INTERWOURD, AND THE BOARD AGREED. HE NOTED THAT THE ONLY MAJOR CHANGE IN THE AGREE- MENT IS IN PARAGRAPH 9 WHERE THE COUNTY WAS GOING TO SERVE RALMAR DIRECTLY WITH WATER, BUT NOW, UNDER THE TRIPARTITE AGREEMENT, THE CITY WILL SERVICE THEM INSTEAD. HIS ONLY QUESTION WAS IN REGARD TO THE EXPENSE OF CHANGING 14 APR 61977'�t2.9 .170 RALMAR'S HOOK-UP FROM THE CITY LINE TO THE COUNTY LINE WHEN THE COUNTY HAS THEIR FACILITIES, MR. LUETHJE INFORMED THE BOARD THAT THERE REALLY WILL NOT BE ANY EXTRA COST INVOLVED IN SUCH A CHANGE -OVER AS IT IS JUST A MATTER OF TURNING OFF SOME VALVES, AND POSSIBLY PULLING OUT ONE PIPE. IF THERE SHOULD BE ANY COST, HE FELT IT WOULD BE MINIMAL. ATTORNEY COLLINS THEN NOTED THAT RALMAR WILL BE SELLING CONDOMINIUM - TYPE OFFICES AND FELT THERE SHOULD SOMETHING IN THEIR DECLARATION DISCLOSING THAT THE COUNTY AT SOME POINT IN THE FUTURE WIt.. BE SERVICING THE PROJECT. MR. FALB STATED THAT THEIR CONDOMIUM DOCUMENTS ARE FINISHED AND HE WOULD HATE TO REVISE THEM AGAIN. HE NOTED THAT THE TRIPARTITE AGREEMENT EXISTS AND IS A RECORDED DOCUMENT, WHICH HE FELT WOULD COVER -THE SITUATION. ATTORNEY COLLINS STATED THAT HE FELT THIS IS MAINLY A NOTIFICATION PROBLEM AND THAT THE BUYERS SHOULD BE AWARE -OF -THESE -AGREEMENTS. HE SUGGESTED POSSIBLY THIS COULD BE ACCOMPLISHED BY RECORDING THE AGREEMENT BETWEEN RALMAR AND THE COUNTY. nTcrticcrnnl rn1 1 nIrJGTt iN PPAA0n Tn PiITTTNP �VPPYTHTNG NFrrRRAPV TN ISCTHIS AGREEMENT AND THEN RECORDING IT, AND ATTORNEY COLLINS NOTED THAT IF THE BOARD WISHED TO GIVE AUTHORIZATION TO EXECUTE THIS AGREEMENT NOW, HE WOULD JUST EXPAND PARAGRAPH 8. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, TO APPROVE THE AGREEMENT BETWEEN THE COUNTY AND RALMAR ASSOCIATES, INCORPORATED, SUBJECT TO THE CHANGES OUTLINED BY THE ATTORNEY AND AUTHORIZE THE SIGNATURE OF THE CHAIRMAN. FURTHER DISCUSSION WAS HELD IN REGARD TO THE COST, AND MR. LUETHJE STATED THAT THE ACTUAL FIGURE IS $2,660,00 FOR THE INCREASING OF,THE CASING UNDER THE RAILROAD TRACK TO ACCEPT A 10" WATER MAIN. MR. FALB NOTED THAT THE BIDDING WAS DONE IN TWO PHASES IN REGARD TO THE 6" MAIN AND THE 12" MAIN IN ORDER TO FACILITATE TIMING, ADMINISTRATOR .JENNINGS POINTED OUT THAT IF THE FIGURE IS CHANGED TO $2,680 THE WORD "APPROXIMATE" SHOULD BE DELETED, ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SIEBERT, THE`BOARD UNANIMOUSLY AMENDED THE PREVIOUS MOTION AUTHORIZING -THE SIGNING OF THE AGREEMENT WITH RALMAR, SUBJECT TO CHANGES AS OUTLINED BY THE ATTORNEY'TO INDICATE THAT IN PARAGRAPH 5 THE WORD "APPROXIMATE" IS TO BE 15 APR , 61977 171 J DELETED AND THE AMOUNT CHANGED TO $2,660; THAT THE ATTACHMENT SUBSTANTIATE THE FIGURE OF $2,660; AND THAT THE DOCUMENT BE RECORDED. THE CHAIRMAN CALLED FOR THE QUESTION ON THE ORIGINAL MOTION AS i AMENDFq ABOVE. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. IT WAS AGREED i THAT RATHER THAN ATTACH THE WHOLE BID THAT IF BEINDORF AND ASSOCIATES WILL SUPPLY A STATEMENT CERTIFYING THE BID AMOUNT, THAT WILL BE ACCEPTABLE. 4 • 4 =1 !i �f t APR' 61977 16 1 Jr -c C -Z-+ AGREEMENT ` �` CA V4 THIS AGREEMENT Made and entered into this 6th day of April , 19i7, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, here- inafter referred to as COUNTY; and RAI24AR ASSOCIATES, INCOR- PORATED, an Iowa corporation authorized to transact business in the State of Florida, hereinafter referred to as RALMAR; WITNESSETH: For and in consideration of the mutual promises and undertakings herein contained and other valuable considerations between the parties, each agrees as follows: 1. The COUNTY, pursuant to the Tripartite Agreement and Motion made and seconded, unanimously passed by the Board of County Commissioners of Indian River.County on the 22nd day of September, 1976, hereby grants to RALMAR an allocation. of. Ten Thousand (10,000) gallons per day from COUNTY'S foi-al allocation to be used on the property described on Exhibit A which property has a represented use for Medical Offices. 2. RALMAR and COUNTY agree that COUNTY shall have no ex- pense relating to supplying RALMAR'S project and that COUNTY'S sole function is making the allocation and the burden rests on RALMAR to pay all costs relating to the distribution and supply of water to the property described on Exhibit A, except as hereinafter set forth in this Agreement. 3. RALMAR and COUNTY agree that the allocation is made pursuant to the terms of the Tripartite Agreement dated the 11th day of January, 1973 and that the COUNTY has no responsi- bilities beyond the terms of that Agreement. 4.. RALMAR agrees to hold COUNTY harmless from any lia- bility that may arise from RALMAR'S installation of a water system within its project and the running of appropriate water lines and supplemental equipment from the project to the Vero Beach Water Plant. OFFICIAL RECORi) ROOK550 o ��r OFFICIAL RECOR& BOCK 550 w764 5. RALMAR and the COUNTY agree that RALMAR will proceed, utilizing plans and specifications prepared by COUNTY'S Con- sulting Engineer for the construction of a twelve -inch water main from the City Water Plant to Gifford. RALMAR shall bid the water line both as a six-inch line and a twelve -inch line for that portion of the Gifford water main, paralleling Florida East Coast Railway to a point perpendicular to the South Road edge of 36th Street. Upon receipt of the bids and the joint approval.of RALMAR and the COUNTY, the parties agree that RALMAR shall pay the costs of construction of a six-inch line as accepted in the bids and the COUNTY shall pay the ex- cess costs between the cost of constructing the twelve -inch Gifford water main the cost of the six-inch water -main as bid. All bids shall be according to the standards as established in the Tripartite Agreement, referred to herin. In addition, RALMAR and the COUNTY agree that RALMAR will bid the costs of 1 uilil.i aq Lima water -Line from the West side of the Florida East Coast Railway under U.S. Highway #1 and the Florida East Coast Railway to the South side of 36th Street. RALMAR shall pay all costs incident to the placement and construction of a six-inch water main and applicable casing. Said water main and casino size shall be increased to accept a ten -inch water main and ap- propriate casing, which increased cost shall be'in the amount of $2,660.00. The COUNTY shall be responsible for the increase in cost of the casing as set out above. RALMAR shall pay all other costs incident to bringing the ten -inch water line from the West side of the Florida East Coast Railway under the railroad and U.S. Highway #1, to the Southwest intersection of 36th Street and U.S. Highway #1. The COUNTY acknowledges that it had reviewed the bids for running the water -2- APR 1977 p P f"2 �-;'4 main and casing East and approves the same. 6. RALMAR and the COUNTY agree that RALMAR shall submit to the COUNTY the costs incurred as the project progresses, and the COUNTY will submit said costs at its next meeting for approval, and the COUNTY will make payment for its share of the costs as soon as possible thereafter. The COUNTY agrees that RALMAR may use available COUNTY easements for the purposes of running necessary lines and supplemental equipment from the Vero Beach Water Plant to the property described in Exhibit A. 8. RALMAR agrees on behalf of itself and its assigns, that it will notify all prospective purchasers of the property described in Exhibit A of the fact that temporarily the City of Vero Beach is providing water to the property described in Exhibit A but that at some time.in the future COUNTY will be supp':ing water pursuant to that Tripartite Agreement dated the 28th day of :arch, 1977, between the City of Vero Bea -:i., INDIAN RIVER COUNTY and RALMAR ASSOCIATES, INCORPORATED. By acceptance of the Deeds from RALMAR, each assign agrees to pay reasonable water rates as may be established by COUNTY, and further agrees to accept water from COUNTY in lieu of water supplied by the City of Vero Beach. 9. Notwithstanding any other provisions of this Agree- ment, it is agreed between the COUNTY and RALMAR, as a temporary measure, RALMAR may tie in to the City of Vero Beach pressurized main adjacent to the Water Plant until such time as the COUNTY is ready, willing and able to provide water service and, in fact, provides water service to RALMAR, either from its fa- cilities or under the terms of a Tripartite Agreement existing between the City of Vero Beach and the COUNTY dated January 11, 1973. IN WITNESS WHEREOF, the duly authorized officials of the -3- APR 61g77 OFFICIAL RECORD BOOK 550 fAcE705 ���q ,.175 0 f s q, OFFICIAL E3LCQjt4 COUNTY and RALMAR.have executed this Agreement, in duplicate, !i either of which may be deemed an original, the date and year first above written. j l Signed, sealed and delivered in the presence of: INDIAN RII�VER. COUNTY By ! William C. Wodtke, J As tcG�County i RALMAR CIATES, ORPORATED Mark C. Falb, P, esident { .a I APR 61977 I Befit 2�X.7b J STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County wforesaid to take acknowledgments, personally appeared WILLIAM C. WODTKE, JR., as Chairman of the Board of County Commissioners of Indian River County, Florida, to me known to be the person duly authorized by said County to execute the fc•re- going instrument, and he acknowledged before me that he executed the same for and on behalf of said Indian River County. WITNESS my hand and official seal in the State and County last aforesaid this /s-eAday of ����(! , 1977. f' Notary Pub c, St a o. Florida at Large. My commission expires: NOTARY I'MIC STATE OF FLORIDA AT LARGR (Notary Seal ) A4Y COMh41SSION r rrsn^n tFrRU qpuaPat r FIRESJULY 8. 1pn �.2 A1t11C LAV•! IIIN^p.IM•TRIr• `:STATE O`Ls' FLORIDA COUNTY OF --.INDIAN RIVER I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgments personally appeared MARK C. FALB, as President of RALMAR ASSOCIATES, INCORPORATED, an Iowa Corporation authorized to transact business in the State of Florida, to me known to be the person duly authorized by said Corporation to execute the foregoing instrument, and he acknowledged before me that he executed the same for and on behalf of said -Corporation. WITNESS my hand and official seal in the County and State last aforesaid this /S' day of , 1977. Nota y P lic, State &E Florida at Large. aa My commission expires: . ' •..a L'd ; It b I r.,• ••(�iotary' Seal)NO � OMMISSON C11pFUSUC STATE OjRESORIDA iULY flA1978�Wp = 10NDED THRU GENERAL INSURANCE UNDERYVRi Mt -5- �ooa 550 MOP APR 61977 ', �q OFFICIAL RECORD max 550 FACE768 EXHIBIT TO TRIPARTITE AGREEMENT - RALMAR Legal Description Description of "Ralmar" Service Area i i The North 1/2 of the HE 1/4 of the HE 1/4 of Section 35, Township 32 South, Range 39 East, Indian River County, Florida; LESS and EXCEPT the South 30 feet thereof. { J APR 61977 W BEIND®RF AND ASSOCIATES, Inc. 3885• 20TH STREET f POST OFFICE BOX 849 VERO BEACH. FLORIDA 32980 JAMES L. BEINDORF, P. E. TELEPHONE 305/582-7981 KENNETH W. DAMEROW DEAN F. LUETHJE, P. E. i RALMAR-INDIAN RIVER COUNTY AGREEMENT Construction cost to increase 6" water main to 10" water main under railroad and U.S. No. 1 located at southwest corner of intersection of 36th Street and U.S. No: 1. Costs taker_ from contract between Onoatario of Palm Beach, Inc., and Ralmar Associates, Incorporated. 6" CIP w/retainers, 215 L.F. $ 2,042.50 6" connection to 12" water main 380.00 6" gate valve and box, 2 required 370.00 18" steel casing under railroad and U.S. No. 1 12,740.00 $15,532.50 10" DIP w/retainers, 215 L.F. $ 3,117.50 10" connection to 12" water main 445.00 10" gate valve, 2 required 810.00 22" steel casing under railroad and U.S. No. 1 13,820.00 $18,192.50 Indian River County's cost $ 2,660.00 Dean F. Luethje, P.E. Beindorf and Associates, Inc. 6 • f t APR• 61977 �29s 179 e. r. DESCRIPTION OF OPERATIONS&OCATIONSNEHICLES i State of Florida -underground utilities Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME ANDADDRESS OFCERTIFICATE HOLDER: 4-6-77 cl DATE ISSUED: i Ra]lmar Associates € City of Vero Beach l Indian River County r a / cctr7.-r:.rre r.FPRESE^tan'dl palm Beach insurance Central r APR - 61977 29 1,480 e J ' N41'1 ANO A01,;ti'— iJ ::."; Palm Beach Insurance central, Inc. COMPANIES AFFORDING. COVERAGES Box 6278 COMPANY R+�lianc® I.EnER tF�.Og. �Iq e/q�r West Palm Boache frla/33405 COMPANY LETTER NAME AND -ADDRESS OF INSURED COMPANY C" yw onontario of Falco Beach, Ince LETTER COMPANY P.O. Box 10556 o A Y Z"150003 LETTER Riviera Beach, Fla* 33404 PREMISES—OPERATIONS COMPANY �a i PROPERTY DAMAGE LETTER F4m l This is to certify that ralicies of insurance listed below have been issued to the insured named above and are in force at this time. Limits of Liablli in Thousan s(05-0) COMPANY TYPE OF INSURANCE POLICY NUMBER LETTER POLICY EXPIRATION DATE EACH AGGREGATE - DESCRIPTION OF OPERATIONS&OCATIONSNEHICLES i State of Florida -underground utilities Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME ANDADDRESS OFCERTIFICATE HOLDER: 4-6-77 cl DATE ISSUED: i Ra]lmar Associates € City of Vero Beach l Indian River County r a / cctr7.-r:.rre r.FPRESE^tan'dl palm Beach insurance Central r APR - 61977 29 1,480 e J OCCURRENCE — GENERAL LIABILITY— BODILY INJURY $ 500 $ A J COMPREHENSIVE FORM Z"150003 Q 6-9-77 PREMISES—OPERATIONS PROPERTY DAMAGE $ 100 $ 100 ElEXPLOSION AND COLLAPSE HAZARD UNDZRGROUND HAZARD QPRODUCTS/COMPLETED OPERATIONS HAZARD ❑ CONTRACTUAL INSURANCE BODILY INJURY AND PROPERTY DAMAGE $ $ BROAD FORM PROPERTY COMBINED DAMAGE ❑ INDEPENDENT CONTRACTORS ❑ PERSONAL INJURY *Applies to Products/Completed $ Operations Hazard. iU OMO131LE LIABILITY BODILY INJURY (EACH PERSON) $ ❑ COMPREHENSIVE FORM BODILY INJURY (EACH OCCURRENCE) $ ❑ OWNED $ PROPERTY DAMAGE ❑ HIRED $_- BODILY INJURY AND NON-JWNE; PROPERTY DAMAGE EXCESS LIABILITY COMBINED BODILY INJURY AND A UMBRELLA FORM ZU5j.ZUUUj ,' PROPERTY DAMAGE $ 19000 $ OTHER THAN UMBRELLA COMBINED FORM ' WORKERS' COMPENSATION IZC5150007 6-9-77 STATUTORY A and l00 EMPLOYERS' LIABILITY$ b EI. HACcmENI OTHER ,..amu°_:-��m_ DESCRIPTION OF OPERATIONS&OCATIONSNEHICLES i State of Florida -underground utilities Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will endeavor to mail days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME ANDADDRESS OFCERTIFICATE HOLDER: 4-6-77 cl DATE ISSUED: i Ra]lmar Associates € City of Vero Beach l Indian River County r a / cctr7.-r:.rre r.FPRESE^tan'dl palm Beach insurance Central r APR - 61977 29 1,480 e J THE TRIPARTITE AGREEMENT BETWEEN THE CITY OF VERO BEACH, INDIAN RIVER COUNTY, AND RALMAR ASSOCIATES, INCORPORATED, IS HEREBY MADE A PART 4 OF THE MINUTES AS APPROVED AT THE REGULAR MEETING OF MARCH 23, 1977. APR' 6 1977 TRIPARTITE AGREEMENT - RALMAR THIS TRIPARTITE AGREEMENT, entered into this ea day of ^,4"e , 1977, by and between the CITY OF VERO BEACH, FLORIDA, a municipal corporation of the State of Florida, herein- after referred to as the "City"; INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County"; and RALMAR ASSOCIATES INCORPORATED, a Florida cor- poration, hereinafter referred to as "Ralmar". WITNESSETH: WHEREAS, the City and the County entered into an Agreement dated January 11, 1973, delineating the service areas for the pro- vision of water and sewer service by the City and delineating the service areas for the provision of water and sewer service by the County, within Indian River County, Florida, and WHEREAS, Ralmar is constructing a medical complex on property within the water and sewer service area of the County and is in need of water and sewer service, and WHEREAS, the County is not in a position at this time to supply water or sewer service to Ralmar, and WHEREAS, Ralmar and the County desire that the City service Ralmar with water and sewer service to the area described in Exhibit "A" attached hereto and made a part hereof, and WHEREAS, the City wishes to provide water and sewer service to i said area, and WHEREAS, the engineers employed by Ralmar have determined that i the maximum domestic flow of waste water is anticipated to be 20,000 gallons per day, and WHEREAS, the City, County and Ralmar wish to enter into a Tripartite Agreement pursuant to the provisions of paragraph four (4) of the Agreement attached hereto as Exhibit "B", which is in- corporated herein and made a part hereof, including Annexes 1 and 11. NOW, THEREFORE, in consideration of the foregoing and the covenants contained herein, the parties hereto agree as follows: 11 J u APR 61977 W 1. The County hereby authorizes the City to service the Ralmar property,'described in the attached Exhibit "A", with water and sewer service under the terms of the Agreement attached hereto as Exhibit "B", including Annexes 1 and 11. This Tripartite Agree- ment does not grant said area to the City as the City's permanent service area. 2. The City hereby agrees to provide water and sewer service under the terms and conditions of applicable city ordinances in- cluding Sec. 33-25 of the Cede of Vero Beach as they now exist or may be amended, to the Ralmar area shown.on Exhibit "A" at out city retail rates as specified in the Code of the City as it now exists or may be amended, payable by Ralmar under the terms of said ordi.nances. 3. The City shall provide pressurized water service up to 10,000 gallon capacity per day to Ralmar from facilities to be built by Ralmar from the City's water treatment plant to the Ralmar site o furnish water service to Ralmar, said water facilities shall be conveyeu by Ralmar to the Countv. Thp term of the rit..t_ service hereunder shall continue until the County is ready, willing and able to provide water service and, in fact, provides water service to Ralmar from either its separate plant, or when the County becomes a wholesale customer of the City pursuant to the agreement between the City and the County, dated January 11, 1973. The City shall maintain said facilities during the time Ralmar remains a retail water customer of the City in the area shown in Exhibit "A" attached hereto. 4. The County agrees that if an Agreement between the County and Urban Development Utilities, dated February 18, 1976, or any extensions or modifications thereof are terminated, or if the County enjoins UDU from violations thereof, or restricts the flow of water to UDU under said Agreement or otherwise, the County shall do so without effecting the flow of water to Ralmar. 5. The' City shall provide sewer service to Ralmar until such time as the County is ready, willing and able to provide sewer service to Ralmar and, in fact, does provide sewer service to Ralmar. :WM The County can elect to provide sewer service without ever elect - Ing to provide water service, and visa versa. The County can elect to provide water and sewer service at the same time, or can elect to provide water service and can later elect to provide sewer service, and visa versa. 6. The water and sewer service provided by the City to Ralmar shall be considered part of the capacity allocated to the County as provided and set forth in paragrara 5 of Annex 1 of the Agreement whereby the County's allocation shall be charged with 10.000 gallons per day against water and 20,000 gallons.per day against sewer. 7. All expenses, if any, necessitated by the assumption of Ralmar as a water and/or sewer customer of the County shall in no Instance be the responsibility of the City. 8. Installation of the facilities necessary or convenient to allow Ralmar to utilize water and sewer service shall be paid for In advance by Ralmar, shall be and subject to all applicable laws, ,ordinances and regulations. The .---wer facilities shall be subject to approval by Lne Citv and the water faciliries shall be subject to approval by the County. The on-site lift station and the forced main back ,to the lift station located south of the hospital shall be conveyed to the City by Ralmar at no expense to the City and shall be free of all liens, charges or encumbrances prior to the commencement of water and/or sewer service, at which time the City shall assume maintenance responsibilities to those facilities con- veyed to it. After the first phase of the complex is completed, Ralmar and the City shall determine if access to the gravity system Is adequate for the City to accept said system. If the City deems It has sufficient access thereto, Ralmar shall convey said sewer facilities to the City at no expense to the City and the City shall 4 then assume maintenance responsibility thereto. 9. Upon final acceptance of the sewer system by the City, Ralmar shall pay the City $9,100.00 as a development fee.which shall be placed in a capital account to be utilized by the City as it sees fit provided said funds are utilized for improving, extending or in- creasing the City's sewer facilities. The cost of maintaining the said 20,000 gallon sewer capacity at the Ralmar site as shown on - 3 - APR 1977 �'` r-7 r Exhibit "A" will be borne by the City from said capital account or otherwise. 10. Ralmar shall acquire at.its expense all easements and rights-of-way necessary or convenient for the installation of the subject facilities and for the City's maintenance of the sewer facilities. The City and the County shall fully cooperate with each other and with Ralmar in respect thereto. 11. The rights, duties and otilgations of each party hereto shall be binding on its successors and assigns. IN WITNESS WHEREOF, the duly authorized officials of the City, County, and Ralmar have executed this Tripartite Agreement in tri- plicate, any copy of which three may be deemed an original, the date and year first above written. CITY VE E, Bk Patrick 6.yo..s, Mayor (Seal) ATTEST: By : �O l Approved as to form: Thomas C. Pa mer, City Attorney INDIAN RIVER COUNTY By : �G� t� C William C. Wodtke, r. Chairman, Board of County Commissioners - (Seal) ATTEST: • By:� . Freda Wright, Cler Approv as to f M. G rge . Co lens, Jr. County Attorney (Signatures continued on next page) - 4 - APR' 61977 RALMAR AS IATES INCORPORATED i By. Mark C. Falb - Pfresident (Seal) ATTEST: By:_ fj55T• Secretary Approved a or ster C1 tt ey or Ralmar e i 1 APR 61977 • 29 qq AQ�t� i8S EXHIBIT "A" TO TRIPARTITE AGREEMENT - RALMAR Legal Description of "Ralmar" Service Area The North 1/2 of the NE 1/4 of the NE 1/4 of Section 35, Township 32 South, Range 39 East, Indian River Cou.bty, Florida; LESS and EXCEPT the South 30 feet thereof. EXHIBIT "Bit - TRIPARTITE AGREEMENT — RALMAR AGREEMENT THIS AGREEMENT, enters . Into between the City of Vero Beach, Florida. a municipal corporation of the State of Florida. hereinafter referred to as the " City" and Indian River County, a political subdivision of the State of Florida. hereinafter referred to as the "County". WITNESSETH WHEREAS, the City now owns, operates, supervises and manages a water system consisting of wells, water treatment plant, pumping and storage facilities. distribution mains, service trains, meters and appurtenances; and WHEREAS, the City now owns, operates, supervises and manages a sanitary sewage system, consisting of sanitary sewers, sewaZe pumping stations• sewage force mains, sewage treatment plant, outfall line and appurtenances; and WHEREAS, it is the intent and purpose of the City to expand, enlarge and improve its water system and sanitary sewer system under its 1972 capital improve- ment program particularly to increase the treating capacity of its water supply and treatment facilitiea as well as the capacity and degree of treatment of its sewage treatment plant, all as described in City Ordinance No. 1174 • lopted by the City Council on August 8, 1972; hereinafter referred to as "Bond Ordinance•'; and WHEREAS, by acceptance of $8.800. 000• Water and Sewer System Revenue Bonds. Series 1972, the City has entered into a contract with the bondholders as more fully described In Official Statement dated October 2, 1972• in addition to contracts contained in earlier Ordinances governing previous bond Issues; and WHEREAS, it is the intent and purpose of the County to construct, own. operate• maintain, supervise and manage a new County water distribution and sewage collection system, hereinafter called the "County's System; which system is to distribute treated water and collect sewage from certain designated unincorporated areas of Indian River County, including private utilities in the County, and for the time period stipulated herein. to receive treated water from the City and deliver raw sewage to the City's treatment plank and WHEREAS, the City's water treatment plant and sewage treatment plant t will be for the mutual ben, ifit of those whom it serves, it is equitable that the County pay its fair share of such service by the City, so that the City's contract with the bondholders as set forth in the Bond Ordinance shall not be jeopardized to the detriment of the Ci! r, and WHEREAS, the L..ut.ty's progress toward construction of the County System Lu not progressed beyond the preliminary planning and design stage• so that it cannot at this time. state is firm capacity requirements, provide realistic construction schedules, of demonstrate positive feasibility of the system; and WHEREAS, service area delineations and responsibilities, must be tentatively agreed upon joi fitly by the City and County on or before January I5, 1973 to satisfy the State of Flor.da Department of Pollution Control and the United States of America Evironmental:trotection Agency's requirements, in order to reserve permits to proceed and to maintain the City's eligibility to receive Federal Grants covering its expansion prcgram; and WHEREAS, final agreements between the City and County need not be readied until October lb, ; 973 to satisfy requirements of the same State and Federal Agencies; NO%V, THEREFORE, in consideration of the mutual agreements set forth hereinafter, the parties do agree as follows: L PURPOSE This agreement shall ire for the purpose of defining service area delineations and general covenants and responsibilities and shall prevail until a final agreement or annext s to this agreement, in specific detail, shall be entered into at a later date wh in the planning of the County System shall have progressed beyond the engineering feasibility and fiscal stage and when the City's Consulting Engineers shall have t eviewed and certified that proposed charges, rates and reimbursements will rot be in conflict with the Bond Ordinance, or any future amendments a ^ ich ma f be and can be made to said Bond Ordinance, L GENERAL CONCEPT It is anticipated that wtter supply and sewage treatment for a major portion of the southern portion of Indian River County knowa as Region II generally lying P io 0 C:1 C_+ IM -1 lo® 1 South of North Winter Beach Road, North of the South County line. West of the Atlantic Ocean and East of I-95 including the City of Vero Beach, will be provided by a water supply plant and wastewater treatment and disposal facility owned and operated by the City of Vero Beach. The City would sell water and sewage services to the County at agreed-upon charges and rates as stipulated herein. The County would in turn retail these services to Cow.., residents. In the early years. County will endeavour to concentrate effort toward service in the Region IL Phase I area. 3. OVERALL SYSTEM RESPONSIBILITIES The County will assume the responsibility for gravity sewerage collection systems. pump stations, transmission lines, and accessories for service areas within the County as necessary to transport County sewage to the City treatment plant. The County will also assume the•responsibility for the water distribution system within the County and receive treated water from the City treatment plant. The City shall provide a sewage wastewater treatment and disposal facility and a water supply and treatment plant adequate to n det both City and County needs. but shall not be obligated to make capital improvements for capacity increases. except as hereinafter stated under "Term of Agreement". The County and City will cooperate In projecting service area populations and developing water and sewerage phase construction programs. 4. SERVICE AREA DELINEATION in addition to the area within the City Limits of Vero Beach, the City shall provide complete water and sewer service to the beach area of the County, bounded by the Northern boundary of Indian River Shores as presently constituted and by the County line on the south. It is the intent of the County to provide all water and sewer services to the mainland portion of the County. except within areas where the City now (January 1973) provides water and sewer service. The right of the City to er'sr into interim alleements for water and/or sewer service, or both, within areas outside that defined hereinabove for the City. shall be subject to approval from the County and tri -partite agreements between the customer, the City and the County shall be entered into, in each such instance. -3- 5. SALE OF CITY'S WATER DISTRIBUTION FACILITIES In the Mainland portion of the County, where the City owns water distribution facilities and supplies water services only, the City may sell those facilities to the County, subject to the Bond Ordinance, and within one year after written request from the Cc mty, at a price which shall be negotiated, but not more than the present-day replacement cost, as determined by the City's Consulting Engineers, less 3 1 '3% depreciation per year from the date of Installation. Since such a disposition of assets is governed by the Bond Ordinance, a certification from its Consulting Engineers that the City's ability to meet its obligations will not be impaired by a itch sale is a prerequisite to negotiations for the sale. fi. WATER AND SEW ^c_ t INTERFACES A. Sewerage_ It is anticipated that the County will construct at its expense all waste transmission lines and a master tteter for delivering County sewage to the influent structure at the treatment plait site. The City will receive the waste at the treatment plant. Peri. Me me er calibration checks by the City and the County shall be authorized. The Ci: y will provide all necessary assistance to the County in Obtaining all easements, rights-of-way, etc. as required for the County to Install transmission lines and accessories, within the City limits at no expense to the City. Ownership and maintenance responsibilities of the County -installed facilities within the City shall be decided within the legal framework of the respective governm-mts. B. WATER SUPPLE The City will delive., treated water at a specified pressure to the County on a metered basis at they water treatment plant. The County shall at its expense install a master me or and transmission lines from the plant to the City limits. Periodic meter caligation checks by the Qty and the County shall be authorized. The City will provide all necessary assistance to the County In obtaining all easements, rights-uf-way, etc. as required for the County to install transmission lines and acces»u i -is within the City limits at no expense to the City. Ownership and maintenance responsibilities of the County -installed facilities within the City shall be decided within the legal framework of the respective governments. 0 Con C-) M2 s C. Develop a pros ram for future service, based on one or more of the following concepts: 1. Continue joint operation under a revised agreement. 2. County proceed with water supply and/or treatment and/or sewage treatment facilities as a County enterprise, malting capacity then available to the City, obviating or reducing the need for capital expansion on the City's behalf. 9. RATES AND CHAR OES A. Hulk Water Zc tl:s At the end of a tch City fiscal year, the total cost of producing treated water during tl,e preceding year will be determined from the City's fiscal audit report. The total yearlf cost will consist of the sum of the following items: 1. 'lie debt service (principal and interest payments) on a irincipal sum as calculated below on the City's invest- ment in water production and treatment facilities. 2. Operation and maintenance costs for water production and treatment. S. I11 other costs and/or investments reasonably attributable to the expense of the production of treated water. The total yearly cost will then be divided by the total volume of treated water produced during the period of the audit report, to establish a unit cost. The unit cost multiplied by 110ro will establish the monthly charge for water purchased by the County during the next year, except that when the next year's cost has beet; established. the total charge for water purchased during the year will be adjuste I to the actual cost plus 10`b for the preceding year, and the County wi11 be credited or debited accordingly. For the purpost of establishing a principal sum for annual debt service com- putations. the value of the City's water supply and treatment facilities will _g - O A 0 7. PHASING OUT OF EXISTING �LA�OiVh�rU�7t 61st itATED BY OTHERS In order to comply with regulations promulgated by the State of Florida Department of pollution Control and the United States Environmental Protection Agency, it Is essential that all existing sewage treatment plants, within Region 17, whether privately or municipally owned, whether under franchised operation or not, be phased out at the earliest possible d, -4e and services provided by such plants be connected either to the County System or directly to the City System. i Both parties hereto pledge to exert every possible effort to accomplish centralized operation. Since none of the existing plants are within the City's legal Iimits or jurisdiction, it would appear that the County, either directly or, through specially created Authorities, would be the only agency legally em- powered to undertake the control or acquisition of private plants. & TERM OF AGREEMENT This agreement shall remain in force and effect for a period of ten years from date hereof, or until such ti: • : as the review hereinafter specified shall cause both parties to modify, alter or terminate. Either party may request the review hereinafter described. On or before January 1, 1978, the parties hereto agree W cause an engineering report to be prepared by their respective Consulting Engineers, reviewing all phases of the operation to date of the reports, including but not limited to: - A. Capacities of water and sewage plants and probable needs for capital improvements to increase capacity, modify or increase degree of treatment, .or to comply with latest requirements of regulatory agencies. Federal or State, having jurisdiction. H. Recommended capital contribution by the County toward capital expansions should need be indicated as above and recommended by the Consulting Engineers. C. Develop a pros ram for future service, based on one or more of the following concepts: 1. Continue joint operation under a revised agreement. 2. County proceed with water supply and/or treatment and/or sewage treatment facilities as a County enterprise, malting capacity then available to the City, obviating or reducing the need for capital expansion on the City's behalf. 9. RATES AND CHAR OES A. Hulk Water Zc tl:s At the end of a tch City fiscal year, the total cost of producing treated water during tl,e preceding year will be determined from the City's fiscal audit report. The total yearlf cost will consist of the sum of the following items: 1. 'lie debt service (principal and interest payments) on a irincipal sum as calculated below on the City's invest- ment in water production and treatment facilities. 2. Operation and maintenance costs for water production and treatment. S. I11 other costs and/or investments reasonably attributable to the expense of the production of treated water. The total yearly cost will then be divided by the total volume of treated water produced during the period of the audit report, to establish a unit cost. The unit cost multiplied by 110ro will establish the monthly charge for water purchased by the County during the next year, except that when the next year's cost has beet; established. the total charge for water purchased during the year will be adjuste I to the actual cost plus 10`b for the preceding year, and the County wi11 be credited or debited accordingly. For the purpost of establishing a principal sum for annual debt service com- putations. the value of the City's water supply and treatment facilities will _g - O A 0 1 1 R consist of the sum of the following items, and will include all capital investment items from and including the well fields to the point of discharge of treated water at the clear well. a. 1962 replacement value as reported by Citys Consulting Engineers of all facilities on January 1, 1963. b. Capital investments in supply and treatment works between January 1, 1963 through 1972. e.* Capital invested under the Capital Improve- ment Program of 1972. Debt service will be computed as follows: The sum of a., b., and c., above shall be the principal sum from which the debt service will be calculated as a constant annual payment, 30 year basis at the weighted average interest rate of the Citys three outstanding water and sewer bond issues. For the purpose of establishing the annual operation and maintenance costs, such costs shall be extracted from the Citys annual audit and will consist of the sum of the following items. The items refer to the City account numbers as contained in its audit report: W500 through W522.11 One half of W523.2 and W524.1 W524.11 through W534.11 W540 through W552.23 One tenth of W920 through W930.14 B. BULK PRICE FOR SEWAGE TR.EATIMENT.AND DISPOSAL The basis for establishing a unit cost for receiving, treating and disposing of the Countys raw sewage will be identical to that for establishing a unit cost for bulk water sales, except for establishing the prix.' -4a1 amount of City obligations for sewage treatmeat and disposal and the operation and maintenance costs, ia- . eluding 110% multiplier. -7- For the purpose of establishing a principal amount for annual debt service computation, the val•ie of the City's sewage treatment and disposal facilities will consist of the sum of the following items, and will include all net capital investment Items from and inclu ding the treatment influent structure to the point of discharge of treated sewage at the outfall. 1. The capital Investment of the 1958 Capital Improvement Program less the PL660 grant funds received therefor. AND 2. Capital invested under the 1972 Capital Improvement Program less the PL660 grant funds received thereafter. AND 3. All other costs and/or investments reasonably attributable to the expense of the treatment of sewage. For the purpose of establishing the annual operation and maintenance costs. such costs shall be extracted from the City's annual audit and will consist of the sum of the following items. The items refer to the City account number as contained in its audit report. One tenth of WS920 through WS930.14 WS530 through WS538.24. C. ADVANCE F AY.ME\TS The County will deposit with the City an amount equal to the first monthly payment for buD water and sewage treatment sales. 10. ANNEX OR JLNNEXES TO THIS AGREEMENT The parth a hereto agree that this Agreement shall have force and effect. only when and if mutual agreement of the following matters sball be included In one or more annexes, appended hereto Construction schedules. Plant capacities to be reserved for the County. Rates of flow of withdrawal or delivery. Peak flow provisions. Standards of sewage acceptability. County ordinances and regulations governing use. and extensions of City and County facilities. 4- J ��I P �� i 10. A,%,%EX OR ANNEXES TO THIS AGREEMENT (Continued) Acquisition of City facilities. Acquisition of interim or temporary plants. Other mutual or individual responsibilities. These Annexes may modify, expand or spell out in de—il any matters herein contained or mentioned, except service areas described to (2) and (4) as set forth on Pages 2 and 3, or each party's responsibility for phasing out of existing package, temporary and small plants located within the respective service areas. I J IN WIT.IEM WHEREOF, the duly nuthoriaed offirtatn of the City of Vero Beach,' Florida, uN tho County of hatlaa itU•ar, hays+ axe.•utsJ thea .y , reu,.v,t � 11 day 1873. C•TY OF Y£RO t+rwctL F:CN!V:%A Owy✓ ATTEST: ] a•'v a+ c.� City er (SEAL) e PROVED AS TO :'ORM: -Ci. ty rite"a City of Vero ch INDIAN RIVER CO 7LORTI A-7 Chairman County Commissioners r ATTEST: oun , e' rias APPROVED AS TO FORM: % i1 a ounA-- MFF—Hey Indian Riww County -10- Le e � cc 1 1 ANNEX I This AN= is appended to and made a part of that particular AGREFMENr between the City of Vero beach, Florida and Indian River Couhty, Florida dated the 11th day of January. 1973 hereinafter called "THE AGREENE NT". WITNESSETH WHEREAS, Article 10, Page 8 of THE AGREEMENT provides for one or more annexes to be appended theretol and 4T.iEREAS, the County has caused to be prepared a report entitled "Master Plau for Area Wide Water and Sewerage Plan" prepared by Sverdrup A Parcel and Associates. Inc. and Beindorf and Associates, Inc. dated April, 1973, hereinafter referred to as "The County Master Plan"; and WHEREAS, the County has entered into a separate agreement with the Town of Indian River Shares, dated the 25th day of October, 1973 which includes the Tow in the County's sewage service Steal Now, THEREFORE, in consideration of the mutual agreements set forth herein- after, the parties do agree to modify, expand or spell out is detail the terns and conditions of THE A:REEMENT in the following particulars and no others[ 1. CLARIFICATION OF SERVICE AREA DELINEATIONS By mutual consent, the City and County agree to clarify Specific service area delineations and the responsibilities of each party to provide the service described herein. Article 2, page 2 of the AGREEMENT establishes the City's responsibility for providing water supply and sewage treatment service to Region II - The Following describes the areas of responsibility to provide water distribution and sewage collection service and to retail these services to customers within the area defieedi ON THE MAINLAND PORTION OF THE COUNTY The City shall provide water distribution service and Sewage collection service to the area within the City Limits of Veto Beach. The City may continua to serve the c customers connected to the City systems as of date of this Annex, until the County is capable of and authorised to take over such service. The 'County nay provide sewage collection service and water distribu- tion service to the mainland outside the City subject to oaragralh S. Page 4 of the AGREEMENT, as it relates to City owned water distribution facilities. ON THE TEACH PORTION OF THE COUNTY The Cit) shall provide water distribution service and sewage collection service to the area within the City Limits of Vero Beach. In addlAon, the City shall provide water supply and distribution servi,.e to the Town of Indian River Shares in accordance with .the Contract between the Town and the City for such water supply and distribution dated the 18th day of December, 1968, and may also provide water supply end distribution service to that area between the South City Limits of the Town of Indian River Shores and North City Limits of the City of Vero Beach. In addition, the City may also provide water supply and distribution service in the area bounded by the South City Limits and the Sot th + ounty Line. If the conditions set forth in Article S, page 4 of the AGREE- MENT can'be complied with, the City shall sell to the County, at the County's option, all of its water facilities located in the Cotnty except those facilities located in the Beach Area South cf the North boundary of the Town of Indian River Shares, and Not th of the North City Limits of the City of Vero Beach and these facilities within the City of Vera beach, provided that the County has constructed and has in operation sewage service In tho:e areas where the County wishes to purchase the City's water :acilities. The Co:iaty may provide sewage collection service to the remaining beach -iortion of the County, excluding the Tow of Indian River , Shores. Savage service for the Tow of Indian River Shores shall be prorided in accordance with the Agreement between the Town and the Coanty dated the 2Sth day of October, 1973- -2. a L cki c 1 1 I= 2. AMENDING ARTICLE 7PAGE S OF TIIE ACREL9E,4T "PHASING OUT OF i EXISTING PLANTS OL7tED OR OPERATED BY OTHERS Delete the s-.-ond paragraph of Article 7, page 3. Add the followings The City agrees to provide sewerage service now furnished by the following existing plants: A -1-A and Seagull Lane (CaprLuo's Restaurant) Pelican Lane and Ocean Drive (Benton) Lot 7. Block 14, Ocean Corporation (Gisela Rutter) Lots 4 and S, Block 14, Ocean Corporation (Fred Eisler)• on or before twenty-four (24) months after its 4.3 HGD sewage treatment plant is accepted for service. The County agrees to phase out all savage treatment plants Located in the Phase I area of Region II as listed In Section S Of the Hester Plan within twenty-four (24) months after County facilities are available to convey sewage to the City's plant. 3. AMENDING ARTIArLE 9 PACE 6 OF THE AGREEMENT 'RA.TES AND CMARCES'� Under "A. Bulk Vater Sales on Page 7 after "C". Capital Invested under the Capital Improvement Program of 1972", add the followings d. Any Capital invested by the City to maintain, increase or improve water supply at the treatment plant or well fields. during the life of this Contract. After "C. Advance Payments" on Page B. add the followings D. CITY ACCOUNT NUMBERS City account numbers used in this article were taken from the 1972 audit report. The proper account numbers shall prevail in order to reflect full and proper costs in the event of bookkeeping changes of account numbers. The County shall be entitled to review the City's accounts used herein on an annual basis. In the evct; of disagreement as to costs the City shall appoint one arbitrator and the County one arbitrator and the two arbitrators selected shall appoint a third arbitrator and the three arbitrators shall determine -3- the costs and their decision shall be binding on both parties. 4. CONSTRUCTION SCHEDULES The t.cy will be ready to serve the County within ninety days after initial operation and acceptance tests of the respective water treatment plant and sewage treatment plant. The County will be kept informed of progress so that their project may be coordinated with plant progress. , S. PLANT CAPACITIES RESERVED FOR THE COUNTY Water Treatment Plant - Capacity allocated to the County shall bas A. lfter completion of the plant expansion to 7.2 MGD capacity, the County shall be allocated up to 864,000 gpd at a maxi- mum flow ;ate of 600 gpm at S psi or more pressure. b. after completion of the plant capacity to 9.0 MCD capacity, 1,300,000 gpd at a maximum flow rate of 900 gpm at S psi or more p-essure. Sewane Treatment Plant - Capacity allocated to the County shall be a mont:ely daily average of 1.39 million gallons per day as eatimatcd by the County's consulting engineers to be the County's 1980 requirement. In no event shall any one day's flow exceed 1.58 MCD tor shall the peak flow exceed 2,500 CPM in any fifteen minute period. The City reserves the right to order the County to correct. Causes of excessive flows including a moratorium on further e+.nnections to its system if the allocated capacity is equaled of exceeded. To protect the treatment plant, the City shall hay. the right to restrict inflow from the County system Into the treatment plant to the above stated flows. 6. STANDARDS OF ACCEPTABILITY T.:. Ccuutl recognizes that the treatment plant's effluent quality must comply with the rules and regulations of the Florida Depart- ment of Pollution Control, the United States Eavirosmentat Peotectior Agency and other regulatory agents:. The County 41- .r 9 1 also recognises that certain substances and/or concentrations thereof in the raw sewage can result in a treatment plant effluent quality not in Compliance with the requirements of the regulatory agencies. The County therefore agrees to control the quality of the wastes discharged into their system and agrees that the sewage it delivers to the treatment plant will comply with -me Standards of Accepts- bility. Attached hereto and made a part hereof by reference, Annex II establishes the Standards of Acceptability of sewage into the City's plant. Modifications of the stannards may be made by the City from time to time hereafter but such modification shell not be discriminatory and the County shall be given due notice before adopting modifications hereto. Failure to comply with those STANDARDS OF ACCEPTABILITY shall be a breach of'this Agreement and cause for monetary reimbursement to the City by virtue of unusual expenses incurred by Improper discharges into the City's treatment plant. 7. METERING AND BILLING The AGREEMENT provides for Master Meters for water and sever service to be installed at the County's expense. The meters shall be read by the City and billing shall comply with the billing practices of the City. Formulas for water and sewer rates are included in the AGREEMENT and billing shall be in accordance therewith. The County shall make monthly payments within ten days after date of billing from the City. unpaid bills shall become delinquent fifteen days after date of billing and 7y% interest shall be charged for delin- quent bills until paid. If any bill, water or sewer, remains unpaid beyond sixty days, the City may discontinue water ,armee. Periodic meter checks shall be made as set forth in the AGREEMENT. Neter accur,:a_a of SZ ± shall be allowable.and no billing adjust- ' wants will be made for inaccuracies within this range. If motor error is greater than SZ ± billing adjustments shall not be retroactive for more thass ninety days prior to the meter calibration. .9- 8. MUTUAL ASSISTANCE The (ity and County agree to supply each other with maps, plans and specifications and such engineering assistance as may be mutuslly agreed upon, it being the intent hereof that while the City and County shall each have sole Jurisdiction over their respsttive facilities, the parties shall work in close cooperation with each other in an attempt to reduce costs and provide the best possible service for the entire region without imposing extuexpense on the City or its inhabitants. 9. COUNY PROHIBITED FROM TAXING CITY RESIDENTS Th .aunty agrees that all funds used by the County for the payment of i.s share of the cost of constructing and operating the City Plan: as well as the cost of construction, operation and mainten- ance of its system, pursuant to this Agreement, shall be derived from sources other than taxes levied on objects of taxation located within the City of Vero Beach. This provision, however, shall not sreelude the use of revenues derived from the operation of the Coun:y Water Distribution and Sewage Collection System or other reveiues derived from customers of the County who are physically located outside the boundaries of the City for such payments. 10. coUtIrY'S RIGHTS CONDITIONED ON THEIR PERFORMANCE The right of the County to the continued use of the City Plants is conditioned upon the performance by the county of all its obligs- tlmns under the AGREEMENT. 11. FUTURE PLANT IMPROVEMENTS The parties recognize that additional plant improvements to the City Plants may be required from time to time. upon a determination by agencies of the State or Federal Governments having jurisdiction. that excessive flows or loads are detrimental to efficient and proler operation of the plant or that improvements are essential to s ao-41y with environmental requirements imposed by said agencies. In a aW y� C3 &' C`s C.^.. 1 1 M such event, the parties mutually agree to share the cost of such improvements based upon Paragraph gB of Page S of the AGREENENT. 12. SEVERABILITY It is understood and agreed by and between the parties hereto that if any condition or provision contained !., the AGREEMENT is held to be invalid by any court of competent jurisdiction, such Invalidity shall not affect the validity of any other such condition or provision herein contained; provided, however, that the invalidity of any such condition or provision does not materially prejudice either the City or the County in its respective rights and obli- gations contained in the remaining valid conditions or provisions of this AGREEMENT. 13. FORCE MAJEURE CLAUSE No party to this Agreement shall be liable to the other for failure, default, or delay in performing any of .its obligations hereunder, other than for the payment of any obligations specified herein, in case such failure, default or delay is caused by strikes or other labor problems, by forces of nature, unavoidable accidents, fire, sets of the public enemy, interference by civil authorities, passage of laws, or of the Court, adoption of rules, ordinances, acts, failures to act, decisions or orders or regulations of any governmental or military body or agency, office or commission, delays in receipt of materials, or any other cause, whether of similar or dissimilar nature. not within the control of the party affected and which, by the exercise of due diligence, such party is unable to prevent or over- come. Should any of the foregoing occur, the parties hereto agree to proceed with diligence to do what is reasonable and necessary so that each party may perform its obligations under this Agreement. IDENNIFICATION The parties reciprocally agree to indemnify each other and their employees and agents from all loss, expenses, damages, costa and attorney's fees that either may suffer during the period of the -7- Agreement, incurred due to the malfeasance, misfeasance. non- fsasaace or negligence of the other party, its employees or agents. 14. WAIVER A failur, to Initiate action as to any breach shall not be deemed as a wailer of that right of action and all such uninitiated rights of actior shall be cumulative. '13. APPROVAL OF STATE AND FEDERAL AGENCIES The State of Florida Department of Pollution Control and the United States Environmental Protection Agency, by appropriate statutory power, have jurisdiction over those portions of the AGREEMENT and • this ANNEX of the AGREEMENT, pertaining to service area delineations for sewage treatment service and phasing out of existing or temporary sewage treatment plants. If the covenants expressed herein are .'.cocsistant with these policies or rulings the parties hereto agree to reconcLle differences and through additional Annexest arrive at mutually ,greeable tatms which will meet the requirements of said regulatory agencies. IN WITNESS WNEMOF, the duly authorized officials of the City of Vero Beach, Florida, aid the County of Indian River, have executed this Agreement day o 1973. CIrTY OF VERO BEACH, FLORIDA � Attests (� aro �. City Clerk , Approved as to fmmr w ty Att nay - {ity of qo Batch P It .rr C3 G G: ANNEX II INDIAN RIVER COLTM, FLORIDA „ / STANDARDS OF ACCEPTABILITY Acusis sy"'' -" Cltaiamsa - County Com�IssLoners, A. Constitueat Limitation orlp '11 ��tya� The wastewater delivered to the treatment plant shall have j cterk' the following constituent limitations: Approved as forma 1. Five Day BOD- shall not exceed 500 mg/1 based on a sixteen hour composite sample and 300 mg/1 County Aturoey SadiaaRivsr Corney basad on the average of eight consecutive sixteen y hour composite samples with not more than two samples taken in any one week. 2. S•.$)ended Solids - shall not exceed 500 mg/1 based on a sixteen hour composite sample and 300 mg/1 basad on the average of eight consecutive sixteen i hour composite samples with not more than two I� i samples taken in any one week. t 3. Temperature - not to exceed 95°F. at any time - 4, pH - not to be lower than 6.0 or higher than 8.5 at any time. 5. Radioactive Substances, Gross Beta Activity (in known absence of strontium --90 and alpha emitters), not to exceed one thousand micromicrocuries at any tima. 6. C -•amide or Cyanates - none detectable. 7. Copper - shall not exceed 0.5 mg/1- a. Zin: shall not exceed 1.0 mg/1. .9. 0 -10- r t 47) 9. Chromium - shall not exceed 0.50 mg/1 hexavalent C. Collection System Infiltration or 1.0 mg/1 total chromium. L iltraaon in the County Collection System shall be 10. Phenolic type compounds calculated or reported as limited •:o an amount so that the average per capita phenol --shall not exceed 0.001 mg/1. • dischargo into the plant on any one day shall not ex - 11. Lead - shall not exceed 0.05 mg/1.. ceed 150 gallons. For purposes of obtaining per capita flow, thir five day BOD per capita is defined as 0.17 12. Iran - shall not exceed 0.30 mg/1. pounds pur day. 13. Arsenic - shall not exceed 0.05 mg/1. • 14. Chlorides - shall not exceed 600 mg/1. r 15. Sand - shall not exceed 0.01 mg/1 at any time. B. Prohibited Discharges The following discharges into any collection system shall be prohibited: 1. Any indc•':rial waster that exceeds the requirements of Paragraph A or as defined by the Environmental Protection Agency, without written approval of the City's Director of Utilities. 2. Storm water, yard drains, roof drains or catch basins. 3. The discharge of coolant water of air conditioning units. 4. Machinery and motor vehicle lubricants. 5. Gasoline, benzene, naptha, mineral spirits or other flammable or explosive liquid, solid or gas. 6. Any ashes, sand, mud. metal, glass, rags or any solid , or viscous substance capable of causing obstruction t to the flow in sewers or interference with the proper operation of the treatment plant. -12- ' -11- . DISCUSSION RETURNED TO THE BIDS IN REGARD TO THE 12" WATER MAIN, AND MR. LUETHJE STATED THAT BIDS HAVE BEEN RECEIVED FROM PAN AMERICAN EN- GINEERING, ONONTARIO, AND DICKERSON, INC. HE NOTED THAT ALL THREE CON- TRACTORS ARE REPUTABLE AND THAT THE FIRST TWO DID SUBMIT BID BONE,'. HE STATED THAT THEY WOULD PREFER TO USE THE LOW BID FROM ONONTARIO IN THE AMOUNT OF $21,531.90, OF WHICH $13,199.50 WOULD BE THE COUNTY'S SHARE, MR. L7UTHJE NOTED THAT THESE ARE ESTIMATED FIGURES BID ON A UNIT PRICE, AND HE DID NOT HAVE AN EXACT PRICE FOR THE FINISHED INSTALLATION. MR. FALB STATED THAT ANY CHANGE ORDERS WOULD BE CERTIFIED BY THE ENGINEER AND SUBMITTED TO THE ADMINISTRATOR. HE POINTED OUT THAT THE PRICE PER FOOT WILL REMAIN THE SAME, BUT THE NUMBER OF FEET MIGHT VARY SLIGHTLY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SOY, THE BOARD UNANIMOUSLY APPROVED THE BID OF ONONTARIO, THE APPROXIMATE AMOUNT OF $13,199.50 TO BE THE COUNTY'S SHARE, AND INSTRUCTED THAT THE LETTER FROM BEINPO RF AND ASSOCIATES SETTING THIS OUT BE MADE A PART OF THE MINUTES. 30 9 Book � x.99 APR 61977 �a�� BEINDORF AND ASSOCIATES, Inc. i 111` 3885 • 20TR STREET POST OFFICE BOX 849 VERO BEACH. FLORIDA 32960 JAMES L. BEINDORF. P. E. TELEPHONE 305/562.7981 } KENNETH W. DAMEROW DEAN F. LUETHJE. P. E. April 4, 1977 Mr. Jack G. Jennings County Administrator Indian River -County Room 115 County Courthouse Vero Beach, Florida 32960 Re: Ralmar Associates, Incorporated 1211 Water Main Dear Mr. Jennings: Enclosed for your review, please find three (3) copies of the Proposals received Friday, April 1, 1977, for the water transmission main extending from the City of Vo_o Beach water treatment plant north to the intersection of 36th Street (nes•: entrance to Indian River Memorial Hospital) and U.S. No. 1. The tabulation of the totals. are as follows: CONTRACTOR ALTERNATE I (6") ALTERNATE II (12") COUNTY'S SHARE Onontario 21,531.90 34,731.40 13,199.50. Pan American 23,142.08 38,829.55 15,687.47 Dickerson 32,298.60 56,163.75 23,865.15 Alternate I figures would be Ralmar's share of the cost and the difference be- tween Alternate I and II would be the County's share. We are also enclosing one set of plans and specifications for the project for your review. i In addition, you will find the original copy* of the advertisement of construe - tion from the Press Journal. • Very truly yours, BEINDORF AND ASSOCIATES, INC. Dean F. Luethje DFLn* Enc. cc: Mr. Mark C. Falb APR o 01977 29 260 ATTORNEY JOHNGOULD APPEARED REPRESENTING THE D. VICTOR KNIGHTS, .JR. AND SR. IN A REQUEST FOR ABANDONMENT OF EASEMENTS IN BOUGAINLEA SUBDIVISION AS SET OUT IN THE FOLLOWING LETTER: r LAw OrrICE9 Or GOULD. COOKS'EY. FENNELL. APPLEE3Y & IAICKINNEIN PROFESSIONAL ASSOCIATION • POST OFFICE OOX 7Go VER❑ OEACH. FLORIDA 32960 JOHN R. GOULD BEACH,_o BDHIEVARD BYRON T. CoaxsEY AT OCEAN D --W DARRELL FENNCLL . Mr M. APPLEBY TELC_H 569.0941 CHAP.LCO R. MCKINNON AREA CooE 305 WILLIAM J. STCWART ' LAWRENCE A. GARKCTT OUR PILE No. 10.730 March 31, 1977 Board of County Commissioners of Indian River County Indian River County Courthouse Vero Beach, Florida 32960 In re: Mr. and Mrs. D. V'.ctor Knight and Mr, and Mrs. D. Victor Knight, Jr. Gentlemen: I attach the following: 1. Copy of Plat of Bougainlea, a subdivision, recorded in Plat Book 1, Nage 97, public records of Indian River County, Florida. 2. Copy of Replat No. 1 of Bougainlea, a subdivision, recorded in Plat Book 2, page 97, public records of Indian River County, Florida. • As :you will note from the above, t.-.:. original plat of Bougainlea subdivided the area into four blocks, two of which contained twenty-two lots each and two of which contained twenty-four lots each. However, the replat resubdivided the area into acreage shown as two tracts of 8.2 acres and 8.7 acres. Both plats dedicated -an easement for public utility purposes on, in and over the rear five feet of all lots. I represent Mr. and Pars. D. Victor Knight who own the land previously subdivided into Block Two of the original plat of Bougainlea, and Mr, and Mrs. D. Victor Knight, Jr., who own the land previously subdivided into Block Three of the original plat of Bougainlea. Although it was obviously the intention of the County to abandon all of the easements in the original subdivision when the replat was accepted, there is some doubt that -that was accomplished. Therefore, on behalf of my clients, Mr. and Mrs. D. Victor Knight and Mr. and Mrs. D. Victor Knight, Jr., I respectfully request that the Board of County Commisgioners of Indian liver County, Florida, take the necessary action to abandon all of the easements for public utility purposes dedicated *by and shown on the plat of Bougainlea recorded in Plat Book 1, page 97, public recor d3 of Indian River County, Florida. • I have asked for a place on the agenda for your meeting of Wednesday, April 6, 1977. JRG/ns A CC: fir. George G. Ll APR 61977 ours_ven, truly, / '` , _x(J,I n 11. Gould �`� Co.lins, Jr. 32 I 13 01 PLAT BOWAINI-illk OF 07 .:'0 ACA! -5 OF nm c r 5--c. o T6YP. ?3 :F RANGE c, .7 .9 4-A 5 r INDIAN RIVER COUNTY -FLORIDA. Sewze - ALLSWAL"KAIENT 4*10n ,io it • btw• torr forret JL O.CRIltICAlf. 031 ArrwwAl. 0,. —4 —, s. .274.4 —' —.0 t.. C-- 1.1.011,1MIR 11P MEKK OP MWIT C0091 m t I r 1t cO,7 APR - 61977 &%W- Book 29 2 • RaEPL/AT N0.1, OU IAIL EA Z 97 E3EItJG A SUBDIVISION OF THE EAST 20 ACRES OF TRACT 1. SECTION 9, TOWNSHIP 33 SOUTH, RANGE 39 EAST. INDIAN RIVER COUNTY, FLORIDA. • aarr.•►u•In. 1 :. a LiC1.Rl IJW 0Y 1 P 4• ••t ,r..•.a. ar+.•.• �w• w � •M _ n Igo `,e` � '--- y.1• 1J .C? k•� .t ...r J...«J �-: r+•1—Rrp /. i__n'y. .—.f ._ lY•..C...f7�1..' ii«i•:Ir �• a _B. �•:y JGa_.rrd✓,;r:Ja.q_ 4Mirr.i.tr ..••+•... «....t�4:.M +O �ty.'wr. w•y`u • ♦ ,•w ...ww....J lrJ _ - .yi�.bGrOfy�J1_y4 a. 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J.. reyrr J6Y� :i it h. .. i�.n epi dip.� 'L•wi h SCALE,*V 100' s ' APR 61977 ecrik 29 ra;"-c 2"x.13 ATTORNEY GOULD INFORMED THE BOARD THAT MR. AND MRS, D. VICTOR KNIGHT, SR., OWN WHAT WAS FORMERLY BLOCK 2, AND THE VICTOR KNIGHT, .JRS, ,OWN WHAT WAS FORMERLY BLOCK 3, ATTORNEY GOULD CONTINUED THAT IN 1955 THE COUNTY ABANDONED ALL THE ROADS IN BOUGAINLEA SUBDIVISION AND THE AREA WAS RESUBDIVIDED INTO ACREAGE,.BUT HE FEELS THERE MIGHT BE SOME QUESTION AS TO WHETHER THE REAR LOT EASEMENTS OF 5' FOR PUBLIC UTILITY PURPOSES WERE EVER ABANDONED. HE NOTED THAT IN HIS LETTER HE REQUESTED THE ABANDONMENT OF ALL THE PUBLIC UTILITY EASEMENTS SHOWN ON THE PLAT "F BOUGAINLEA, BUT HE NOW FEELS IT WOULD NOT BE PROPER FOR -HIM TO ASK FOR THE ABANDONMENT OF THESE EASEMENTS IN BLOCKS 1 AND 4 AS HE DOES NOT REPRESENT THE OWNERS, ATTORNEY COLLINS NOTED THAT A NUMBER OF LETTERS HAVE BEEN RECEIVED FROM RESIDENTS OF IDELWILD ANNEX PROTESTING THE RELEASE OF EASEMENTS DUE TO THEIR DRAINAGE PROBLEMS. LETTERS FROM THE PRESIDENT OF IDLEWILD ASSOCIATION AND GILBERT PUBLIC ARE HEREBY MADE A PART OF THE MINUTES AS FOLLOWS: April 3,1977 Mr Jack Jennin__s, I.R.County Administrator; Dear Jack; I +inderstand there is now a request to make some changes in the land area adjacent to the north east end of the Idlewild area. As you already are aware of drainage problems in t' --is area,anything that would further restrict or narrow down area.cdrainage would become more serious and create additional problems to the residents of Idlewild Annex area. We therefore would like to go on record against any land ditch drainage changes, finless it would be to improve the drainage. For the Board of Directors and members of,the Idle•.:ild Association. Sincerely John Kismaric President of Idlewild Assn 1356 - 115 Ave, Idlewild 35 APR 61977 INA OI: UQ 29 u Air Jack Jennings, I.R.County Administrator; April 4 1977 Dear Jack; I understand a change is being requested for Idleurild Annex easement on we -et end of 11Fth place. Any change in easement that would reduc^ drainage in t'•-iis area Mould be detrimental to the property owners.The present drainage is barely sufficient to handle the rain run off. Incidentally the hone owners on 14th Place had.drainage dug at their expense, due to being in a ;Ton -Recorded Mat. Any help you can give us in retaining the present Status Quo will be greatly appreciated. Sincerely at Gilbert L Public 4335 14th Place-Idlewild Annex .ATTORNEY COLLINS INFORMED THE BOARD THAT HE ASKED ATTORNEY GOULD IF HIS CLIENTS WOULD GIVE A 10' EASEMENT ALONG THE SOUTH PROPERTY LINE, AND HE HAD INDICATED HE FELT THEY WOULD BE WILLING TO DO S0, ADMINISTRATOR JENNINGS STATED HE BELIEVES THE RESIDENTS OF IDLEWILD ,WHO HAVE A CRITICAL DRAINAGE PROBLEM, -ARE CONCERNED WITH EASEMENTS RUNNING NORTH AND SOUTH, NOT THE ONES WE ARE DISCUSSING WHICH RUN EAST AND WEST, HE NOTED THAT THE DEDICATION ON THE REPLAT WHICH RESUBDIVIDED THE LAND BACK INTO ACREAGE STATES THAT THERE IS*A 5' REAR EASEMENT ON ALL LOTS, AND HE FEELS THIS IS WHAT THE PEOPLE ARE CONCERNED ABOUT, ATTORNEY GOULD POINTED OUT THERE ARE NO LOTS IN THE REPLAT, ONLY ACREAGE, DISCUSSION FOLLOWED AS TO WHETHER THERE IS A DRAINAGE DITCH RUN- NING ALONG THE LINE SHOWN IN THE REPLAT DIVIDING THE PROPERTY INTO TWO' UNITS OF 8.2 AND 1 7 ACRES EACH. MR. GOULD FELT THERE MIGHT BEA DRAINAGE DITCH ALONG THIS LINE, BUT WAS NOT SURE OF ITS EXACT LOCATION, AND THE ADMINISTRATOR NOTED THAT IF THERE IS SOME DISCREPANCY AS TO WHERE THE DITCH IS LOCATED AND IT WERE FILLED IN, IT WOULD CAUSE'A PROBLEM, f 36 M ATTORNEY COLLINS ASKED ATTORNEY GOULD IF HIS CLIENTS WOULD HAVE ANY PROBLEM GIVING A 10' EASEMENT DOWN THE CENTER OF THE REPLAT. ADMINISTRATOR JENNINGS REITERATED THAT THE DEDICATION ON THE REPLAT STATES THERE IS A 5' EASEMENT ON THE REAR LOT LINES AND HE FEELS IT IS THE CENTER LINE TO WHICH THEY ARE REFERRING, ATTORNEY GOULD INQUIRED IF THE BOARD WISHED A RELEASE OF THE EAST 5' OF WHATEVER PROPERTY THE KNIGHTS' OWN AS HE FELT THEY WOULD AGREE TO THIS, AND THE BOARD AGREED I -HEY DID. ATTORNEY COLLINS FELT THIS WOULD CLEA2 UP THE PROBLEMS COMMISSIONER DEESON DISCUSSED THE LOCATION OF THE SMALL DRAINAGE DITCH THE RESIDENTS OF IDLEWILD ARE CONCERNED ABOUT AND WISHED TO BE ASSURED IT WILL NOT BE INTERFERED WITH IN ANY WAY, DISCUSSION CONTINUED AND IT WAS GENERALLY FELT THE GIVING OF THE 5' EASEMENT DISCUSSED ABOVE WOULD CORRECT THE SITUATION. ON MOTION BY COMMISSIONER Loy, SECONDED BY -COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED PREPARATION OF A RESOLUTION AND RELEASE OF EASEMENTS IN REGARD TO BLOCKS 2 AND 3 OF BOUGAINLEA SUBDIVISION AS A— ___.., c, ... GIVING ci REW- OES 1 ED Dpi Ai I ORNE UOULL, CONTINGENT ON TNF_ OF A J EASEiME V 1 ON THE EAST SIDE OF THIS PROPERTY FROM THE NORTH -LINE TO THE -SOUTH PROPERTY LINE, AND AUTHORIZED THE CHAIRMAN IS SIGNATURE UPON APPROVAL OF ATTORNEY COLLINS. RESOLUTION AND RELEASE OF EASEMENT WILL BE MADE A PART OF THE 'MINUTES WHEN PREPARED AND RECEIVED. LETTER FROM DR. FLOOD IN REGARD,TO HAVING -HEALTH -INSPECTIONS DONE BY THE DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES INSTEAD OF HAVING THEM DONE BY THE HOTEL AND RESTAURANT COMMISSION IS HEREBY MADE A PART OF THE MINUTES. 37 APR 61977 dP ^Grp AM� 206 STATE OF FLORIDA DEPARTMENT OF Reubin O'D Askew, Governor Health & Rehabilitative Services District Nine IWD1AN RIVER COUNTY HEALTH UNIT, 2525 14 AVENUE, VERO BEACH, FLORIDA 32960 March 29, 1977 MAR197p Mr. William C. Wodtke, Jr. f9AtDCoUnp Chairman, Board of County Cow...::ssioners or, cQ��lSS10 fRS 2145 14 Avenue Vero Beach, Fla. 32960 Dear Bill: We feel very strongly that health inspections should be done by health people. Our sanitarians are trained, experienced and health oriented. In the event of an outbreak of food related disease it will still be the duty of this office to correct it. I think it makes more sense to prevent it as we have been doing for many years. The present dual in- spection is costly and the elimination of the health department inspect- ion eliminates all local control. I believe the best interest of the people of this area would be served by local control of local restaurants by local health people. Thank you for this opportunity to respond. sincerely yours, C. rosbie Fload, M. D. Director DR, FLOOD URGED THE ADOPTION OF A RESOLUTION AIMED AT ELIMINATING THIS DUPLICATION OF EFFORT, HE STATED THAT THE HEALTH DEPARTMENT IS BETTER QUALIFIED TO MAKE THESE INSPECTIONS, AND BY HANDLING THESE MATTERS LOCALLY, IT CAN BE DONE BOTH FASTER AND MORE EFFICIENTLY, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DF.ESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION [lo, 77-35 AND INSTRUCTED THAT IT BE FORWARDED TO OUR LEGISLATIVE DELEGATION AND THE MEMBERS OF THE COMMITTEE TO WHICH THIS BILL HAS BEEN ASSIGNED"; Lj APR 61977 207 APR 61977 RESOLUTION NO. 77-35 A RESOLUTION OF THE INDIAN RIVER COUNTY BOARD OF COUNTY'COMMISSIONERS EMPHASIZING DISPLEASURE WITH THE USURPING OF LOCAL HEALTH MATTERS BY THE STATE THROUGH REGIONAL AND STATE DEPARTMENTAL REASSIGN- MENTS WITHOUT DUE CONSIDERATION BEING GIVEN TO LOCAL CONTRIBUTIONS IN PUBLIC HEALTH FUNDING AND LOCAL ENFORCEMENT BY STATE AND LOCAL HEALTH LAWS WHEREAS, The Indian River County Health Department has steadfastly, with dedication and vigor, protected the health of the people of Indian River County; and WHEREAS, The Board of County Commissioners and the people of Indian River County look to the Indian River County Health Department in matters of public health and have confidence in the integrity and ability of the Indian River County Health Department to protect their health; and WHEREAS, Public Health is and should remain the primary basis for all statutes governing food and drink.preparation and/or sale to the public, and all other considerations are secondary to public health; and WHEREAS, the local county health departments are in a better position to protect the pubiic and control problems of food establishments; and WHER2AS, They are the enforcing agency for municipal food ordinances and county laws governing food establishments; NOW, THEREFORE, BE IT RESOLVED BY THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS that the duplication of inspections between the Hotel and Restaurant Commission and the Department of Health and Rehabilitative Services be eliminated, and the food service inspection program be placed in the hands of the Department of Health and Rehabilitative Services and its local county health departments in accordance with the State plan developed by the Florida Health Planning Council. DONE AND ADOPTED by the Board of Indian River County Commissioners this 6th day of April , 1977. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA // -- By LI'l ATTEST: ll William C. Wodtke, Jr., hairman C U, ' .j Freda Wright, C rk �QGr 29 �A•..208 FINANCE OFFICER WILLIAM JACKSON AND COUNTY AUDITOR ALFRED WEBBER APPEARED TO DISCUSS RELOCATION OF THE CLERK'S OFFICE, MR, JACKSON STATED THAT MRS, WRIGHT WISHES TO RELOCATE FROM UPSTAIRS IN THE ANNEX TO DOWN- STAIRS AT THE SOUTH END OF THE COURTHOUSE AS SHE FEELS IT WOULD BE MORE EFFICIENT TO HAVE HER COURT OFFICES CONSOLIDATED AND WOULD ELIMINATE THE NEED FOR THE GENERAL PUBLIC TO HAVE TO CLIMB STAIRS, MR. WEBBER PRESENTED DETAILED DRAWINGS OUTLINING THE PROPOSED RELOCAIION. COMMISSIONER Loy STATED THAT, AT THE REQUEST OF COMMISSIONER SIEBERT, SHE HAS GONE OVER THIS PLAN WITH MR. JACKSON AND MRS, WRIGHT AND HAS TOURED THE OFFICES WITH THEM. SHE FELT THE PLAN IS A GOOD ONE FOR THE REASONS STATED. SHE CONTINUED THAT TO ACCOMPLISH THIS MOVE, THEY WISH TO MOVE A LOT OF OLD RECORDS TO THE BASEMENT AND MUCH OF TT WILL BE MICROFILMED, COMMISSIONER Loy INFORMED THE BOARD THAT THE - OFFICES PRESENTLY OCCUPIED BY THE CLERK ON THE SECOND FLOOR OF THE ANNEX WILL BE USED MAINLY BY THE FINANCE OFFICE, BUT DATA PROCESSING WILL STAY WHERE :T IS, AND SHE HAS RECOMMENDED THAT NO MAJOR CHANGES BE MADE IN THTS ARFA IINTTI RGrf1MMPMn ATTnMQ APC D :„ ynTn 1 RVLGJJ liVu STUDY COMMITTEE. ADMINISTRATOR JENN.INGS WILL SUPPLY A WORK CREW TO HELP WITH THE ACTUAL MOVING WHICH IS HIS STANDARDPROCEDURE, COMMISSIONER Loy REITERATED THAT IT WILL MAKE THESE FACILITIES MORE ACCESSIBLE TO THE GENERAL PUBLIC, DISCUSSION FOLLOWED IN REGARD TO STORAGE OF OLD RECORDS IN THE BASEMENT AND THE NEED FOR DEHUMIDIFIERS. MR, WEBBER INFORMED THE BOARD THAT THE BASEMENT IS -NOT TOO DAMP, BUT FELT IT MIGHT BE ADVISABLE TO HAVE DEHUMIDIFIERS IN ANY EVENT IF, THEY ARE NOT TOO EXPENSIVE. THE BOARD DISCUSSED DISPOSING OF SOME OF THE OLDER RECORDS AFTER THEY ARE MICROFILMED, AND MR, JACKSON STATED THAT THE DEPARTMENT OF ARCHIVES HAS A PROCEDURE FOR THIS AND POSSIBLY WE COULD OBTAIN A DISPOSAL ORDER. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE CLERK TO PROCEED WITH THE RELOCATION OF HER OFFICES AS OUTLINED IN THE PLAN SUBMITTED, 40 APR i 7i Boor 29 209 APR • 6197.7 Book o 1 n ` p m /j /d' • . oonR'� r :. - • ' C �' by .Imb ®�j �0 ,a . • fn ROOM- o • . - �` '' � m �• , : � \ CAS I N&T •' � ROLLGR SH"LVG{ • •, ' -. - • • � : �. ;i ' .eta"_; � Gob ° ..• • ; :: • • - -: - .• • • r . . .. . .�Z sNE'GVINVC, SNE1V S lZOLLER 1.5"�.� 1 , .SHELVE IS"XS�0` 3 3i' • ': !!ALL WAY' �. ' . 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L w -A v � SCALE. lit co cc cr L.L WAY :. :. oF�F 4A CiR. cvu-'r DtT"r • ��'1?OPQS� D) APR 61977 �•�� .ai"P.:+!!?.i:i.4.1ti,• ��.•.r;L ,ah:./:i:' t{ .�.' •i•• .,r,y.•1."• .:;v.:..w• •. .• �.. :�:.• . .,. .� , '• •'.•.»,. F::",�,M:t. .�_i n•+ r,�.r•h ...• ., .w•. :'' :. ••i Jr�. ': �:• i '.• r» • ... d 'y'_ S.• �� . .`•i•�:"j .`'�.:A.;r^b �n'�az..o�Y_I� �' •f,:..: r f tit!P:23e. r��-�,.a.r�y rv.•�.�,��yt.::ro�3.mt.w M ; .Fl1L'ST I� r FLDoR .'..'SCALE: •1 s •,.r: cr L.L WAY :. :. oF�F 4A CiR. cvu-'r DtT"r • ��'1?OPQS� D) APR 61977 �•�� m a •, +.:,idtia�t�issv.isa••ca�napvas:s.mv.�•aa„�u:J.e:ddePa.:cisaA,:slci.:+.S.ec.�..iai,aY:.n,4tl:31Huta:Ctae:?ba�l9a9dos�ds�Sdfe7adWl�irwloiaSS$.a51b>bioryia3�u�i1..... I Y. EDT WOOL! IV Vi 4-111) lei rN THE BOARD OF'COUNTY COMMISSIONERS THEREUPON RECESSED AT 12:00 NOON FOR LUNCH AND RECONVENED AT 1:30 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT, ADMINISTRATOR JENNINGS REPORTED ON HIS MEETING WITH THE DOT IN FORT LAUDERDALE IN REGARD TO FINDING SOME WAY TO OPEN UP DRAINAGE FOR THE HOSPITAL PRIOR TO THE CONSTRUCTION OF BARBER AVENUE. THE POSSIBILITY OF WORKING SOMETHING OUT WITH THE DOT MAINTENANCE DEPARTMENT WAS DISCUSSED, BUT HE WAS INFORMED THAT UNTIL ALL RIGHT-OF-WAY DEEDS ARE RECEIVED, NOTHING CAN BE DONE; THEY CANNOT EVEN LET A MINI -CONTRACT. THE ADMINISTRATOR i CONTINUED THAT HE HAD ASKED IF RIGHT-OF-WAY COULD BE COMPLETED FOR THE SOUTH SIDE AND SOMETHING LET BEFORE IT WAS ALL DONE AND WAS INFORMED THAT IF PART OF THE RIGHT-OF-WAY WENT INTO THE LAND OWNED BY THE TRUSTEES. OF THE INTERNAL IMPROVEMENT FUND, IT WOULD BE ABSOLUTELY IMPOSSIBLE AS THEY HAVE NEVER MADE ANY RELEASES UNTIL ALL THE OTHER•RIGHTS-OF-WAY ARE IN HAND, ADMINISTRATOR JENNINGS THEN SUGGESTED THAT POSSIBLY THE DRAINAGE FACILITY ELEVATION COULD BE DROPPED BEFORE IT REACHES THE T.I.I.F. LAND AND THE DITCH COULD DRAIN INTO THE MARSHLANDS TEMPORARILY. THE DUI ENGINEER 15 ru 6iVE Hili A REPLY IN WRITING AS 300114ASdE C;;V FOLLOW THROUGH ON THIS IDEA. COMMISSIONER SCHMUCKER QUESTIONED WHETHER -THE DRAINAGE COULD BE DUMPED INTO THE MARSH OR WHETHER IT HAS TO GO INTO THE RIVER. THE ADMINISTRATOR STATED THAT THE DRAINAGE CAN BE DUMPED INTO THE MARSH AND NOT GO CLEAR TO THE RIVER - THE QUESTION -IS GETTING IT DOWN TO THE MARSHLAND BECAUSE IF THE LAND UP -HIGHER -BELONGS TO THE TRUSTEES, WE WOULD NOT BE ABLE TO CROSS IT TO GET TO THE MARSH, BOBBY MEADOWS, HOSPITAL ADMINISTRATOR, ASKED IF THE DOT HAD ANY PROBLEMS WITH THE DEED THE HOSPITAL HAD SUBMITTED. ADMINISTRATOR .JENNINGS STATED THAT ALL HE KNEW IS THAT THE HOSPITAL S DEED AND THAT OF VERO MED HAS BEEN REFERRED TO THEIR EN- GINEERING DEPARTMENT TO BE REVIEWED. APR 61977 eRtq X20 , � F ADMINISTRATOR KENNINGS DISCUSSED WITH THE BOARD A LETTER FROM THE SALVATION ARMY REQUESTING USE OF THE NORTHWEST CORNER ROOM OF THE COUNTY WELFARE OFFICE BUILDING FOR OFFICE SPACE AND STATING THAT THEY HAVE BEEN USING THIS LOCATION AND WISH TO CONTINUE TO DO SOS HE ALSO RECEIVED A LETTER FROM JANICE LINDSEY, DIRECTOR OF THE WELFARE DEPARTMENT AS FOLLOWS: BOARD OF COUNTY .COMMISSIONERS 'VERO BEACH FLORIDA Motel 29, 1977 fit- gack !q: 2w , AdraAjdttatc t c--t-f Road r- I)V axest --Ueto Beack 9to a& 32960 a • feat ltiic.. aeynuzg�,s 14 t4ertence to the aec c ¢o2 otg<ne apace to be aced by .the �alr�ation Amy Uoduntee�i �ew•ice lL,,bt og Ue2o Beach, 3•toerda: .2&U & Sew ice Ux U waa pwen- a tooe .put the County b4ata Ott ice BwU&ff� but thi& apace naa only need got apptmaAate4 thtee daya <n the conch& of NovexbeA and Decewbe4. * Aa ¢oz the aetvic" that have been 2endeAa to the .indirent ¢amiLiea and the twmie,r , thu to my knowte4e haz been det" fined by the D.ueetoa of the aYte Bepat&ent got at 'te"t the pant three yeata., ?fie &&anon &aq telephone V" •urstoUed .in the luet¢ate C'f fZee of the teras og the g oiuxeA BZ&eOto2 and the Sa lua tt m A.vr y tnanaact. ona a-te pegatmed by the a rtoyees og the County Gkl &te Depa�itrrnrx. 9 have had a aeaent ter, ¢hoa Ma, fdmcud seat&, Supe2vuo4 o¢ the 5tate-£ap•toyraent Of fica about otgice apace ¢ori the 5,mw it �outJs Paog2amo >hia pxaytma has beets &t eflert ¢oc the last tmo V02". 9 hope that thi& i4owa m *W be og aoue help. 9g there ate any-¢utthet ryueetiwca you alyht hate pteaae ¢eel. ¢see to c .&cot s �aawce.Ctndsey, Datectoy County ate DepatGneizt PaAaa Rwrt County �! 42 APR 61977 P.Gk .9 `�� � THE ADMINISTRATOR NOTED THERE SEEMS TO BE A DIFFERENCE OF OPINION AS TO WHETHER THE SALVATION ARMY NEEDS THIS SPACE.AND POINTED OUT THAT SOMETIME AGO THE BOARD APPROVED THE VETERANS SERVICE OFFICER BEING MOVED TO THE WELFARE BUILDING, BUT NOT THIS SAME OFFICE, COP"MISSIONER LOY NOTED THAT AT THE PRESENT TIME THE SALVATION ARMY HAS A DESK LOCATED IN THE AREA WE HAVE SET ASIDE FOR THE VETERANS SER- VICE OFFICER, BUT THE TELEPHONE FOR THE SALVATION ARMY IS RIGHT IN THE WELFARE OFFICE AND IS ATTENDED TO AS NECESSARY, THE ROOM THEY ARE RE- QUESTING IS PRESENTLY OCCUPIED BY MATERIAL THAT BELONGS TO THE MENTAL HEALTH GROUP, AND THIS MATERIAL SHOULD BE REMOVED, SHE INFORMED THE BOARD THAT THE SALVATION ARMY IS USING APPROXIMATELY 3 OTHER ROOMS IN CONJUNCTION WITH THE WELFARE DEPARTMENT TO STORE CLOTHING, FURNITURE, ETC, SO THAT, IN A SENSE, WE ARE ALREADY PROVIDING THE SALVATION ARMY WITH ROOM TO CONDUCT THEIR ACTIVITIES AND UNLESS THEY ARE GOING TO EMPLOY A FULL-TIME PERSON TO RUN THEIR ACTIVITIES, SHE FELT THE ARRANGEMENT SHOULD STAY EXACTLY AS IT IS AT THE PRESENT TIME. COMMISSIONER Loy SUGGESTED THE BOARD RESPOND TO MRS, OTIS COBB OF THE SALVATION ARMY BY STATING THAT THF' COUNTY AT THE PRESENT TIME HAS A NUMBER OF REQUEST FOR FACILITIES IN THE -WELFARE BUILDING AND DOES NOT HAVE EXACT PLANS MADE SO WE WOULD APPRECIATE IT IF THEY WOULD CONTINUE TO USE THE EXISTING FACILITIES AS THEY ARE RIGHT NOW. CHAIRMAN WODTKE INSTRUCTED THE ADMINISTRATOR TO RESPOND TO MRS, COBB AS SUGGESTED BY COMMISSIONER Loy*. ATTORNEY COLLINS EXPLAINED TO THE BOARD THE NEW PROCEDURES TO BE FOLLOWED IN REGARD TO REZONING PROPERTY, THE LEGISLATURE HAS PASSED AN AMENDMENT WHEREBY A COUNTY BY ORDINANCE REZONES PROPERTIES. THERE ARE TWO CATEGORIES (1) A PARCEL OR PARCELS THAT CONSTITUTE LESS THAN 5% OF THE TOTAL ACREAGE OF THE COUNTY OR (2) THOSE THAT CONSTITUTE MORE THAN 5%. FOR A PARCEL CONSTITUTING LESS THAN S%, THE STATUTE DOES NOT REQUIRE AN ADVERTISEMENT OF THE PIECE OF PROPERTY OR THE REQUEST OR -THE MAILING OF A NOTICE TO THE ADJOINING OR ABUTTING LAND OWNERS, ONLY A NOTICE TO THE INDIVIDUAL WHO HAS MADE THE REQUEST AND PUTTING A COPY OF THAT NOTICE IN A BOOK WHICH IS AVAILABLE TO THE GENERAL PUBLIC. THE ATTORNEY CONTINUED THAT THE STATUE REQUIRES THAT THE NOTICE BE GIVEN 30 DAYS PRIOR TO HOLDING A PUBLIC HEARING; THEN WHEN THE PUBLIC HEARING IS HELD, THE BOARD IS REQUIRED TO WAIT AT LEAST 30 DAYS BUT NOT MORE THAN 60 BEFORE MAKING A u 43 DECISION. HE NOTED THAT TODAY WILL BE THE FIRST PUBLIC HEARING ON THE REZONING REQUEST MADE BY MR. AND MRS, EDWARD STAILEY AND POINTED OUT THAT UNDER THE NEW PROCEDURE, YOUR PROPERTY COULD BE REZONED WITHOUT ANY- ON'E EVER KNOWING ABOUT IT, Col'AISSIONER SIEBERT ASKED IF WE CAN CONTINUE TO ADVERTISE, AND THE ATTORNEY STATED THAT WE COULD AND COULD ALSO CONTINUE TO ADVISE THE AD- JACENT OR ABUTTING OWNERS, AND HE WOULD RECOMMEND THAT WE DO SO, DISCUSSION FOLLOWED IN P.EGARD."TG THE LENGTH OF TIME THE NEW PROCE- DURE WILL TAKE, AND IT WAS POINTED OUT THAT HOLIDAYS AND WEr.KENDS CANNOT BE COUNTED IN THE 30 -DAY WAITING PERIOD, ONLY WORKING DAYS. THE PROBLEM OF COORDINATING THIS TIMING -WITH THE PLANNING & ZONING COMMISSION HEARING WAS ALSO CONSIDERED. IT WAS AGREED THERE IS A NEED TO IMPROVE THIS PRO- CEDURE. CHAIRMAN WODTKE ASKED AFTER HOLDING THE FIRST PUBLIC HEARING AND THEN WAITING THE REQUIRED 30 DAYS TO MAKE A DECISION, IS IT NECESSARY TO HOLD ANOTHER HEARING TO ALLOW PEOPLE TO SPEAK. THE ATTORNEY STATED THAT THE ST17UTE IS QUITE NEBULOUS AND DOES NOT ACTUALLY STATE THA„ BUT HE FELT IT SHOULD BE DONE THAT WAY, THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE OF PUBLIC.HEARING, TO -WIT: 44 APR o 1977 BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, in., Chairman ALMA LEE LOY. Vice Chairman WILLARD W. SIEBERT, JR. EDWIN S. SCHMUCKER R. DON DEU ON JACK G. JENNINGS. Administrator 2145 14th Avenue' Vero Beach, Florida 32960 February 171 1977 Mr, and Mrs, Edward Stailey P,O, Box 675 'Wabasso, Florida 32970 Dear Mr, and Mrs, Stailey; : In compliance with Florida Statute 125,66, the following is a Notice of Public Hearing for rezoning as'requested by you, • • `. T10TICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida,to wit: Lots 3 and 4, Block 2, REPLAT OF PART OF WABASSO MANOR ADDITION, UNIT ONE, les. the East 100 feet thereof, according to plat tiled in lite viiic a �L 411C % crl. v lL+. the Circuit Court of Indian River Country, Florida, in Plat Book 6, Page 15. Be changed from C-lA Restricted Commercial.District, to R-1 Single Family District. •A public hearing in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida on Wednesday, April 6, 1977 at 2:00 o'clock P.M. Sincerely yours, Freda Wright JA Clerk to the Board of County Commissioners of g Indinn River County, Florida • e£ ASSISTANT COUNTY PLANNER, ROBERT BERG, NOTED THAT THIS PROPERTY IS IN AN AREA WHERE SEVERAL PARCELS HAVE BEEN REZONED TO R-1, THE ENTIRE AREA HERE IS PLATTED FOR SUBDIVISIONS WITH LOTS OF 50 TO 60, WIDTH. HE STATED THAT THE APPLICANT WISHES TO REZONE TO R-1 IN ORDER TO BE ABLE TO BUILD A RESIDENCE. MR. BERG STATED THAT THE PLANNING 45 mik X24 STAFF RECOMMENDS APPROVAL WITH THE UNDERSTANDING THAT THEY ARE COMING BACK WITH A STUDY OF THIS AREA AND POSSIBLY WILL RECOMMEND REZONING THE ENTIRE AREA TO R-1, HE CONTINUED THAT THERE ARE ALREADY QUITE A FEW HOMES IN THIS AREA, AND THE COMPREHENSIVE PLAN SHOWS IT AS LOW DENSITY, MR. CAMERON OF WABASSO APPEARED REPRESENTING MR. STAILErY AND STATED THAT MR. STAILEY WISHES TO BU11D A RESIDENCE ON THIS PROPERTY, THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. THE CHAIRMAN ANNOUNCED THAT THIS MATTER WILL BE CONSIDERED FURTHER AT`THE MEETING OF MAY 18TH. ATTORNEY COLLINS STATED THAT HE WILL STUDY THE NEW REQUIREMENTS FQR REZONING PROCEDURE AND REPORT BACK. HE THAN INFORMED THE. BOARD THAT HE HAD TWO EMERGENCY ITEMS WHICH WE FELT SHOULD BE CONSIDERED, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, TNF RnADn IINANTM IM1 V APPRnvpn Amms TWO i:MFRT_FNCV TTFMC TO ':'rnov'c AGENDA AS REQUESTED BY ATTORNEY COLLINS. ATTORNEY COLLINS REPORTED THAT HE HAS BEEN REQUESTED BY THE ZONING DEPARTMENT TO FILE = SUIT AGAINST BURL BLOSSER WHO HAS A TRAILER ON HIS PROPERTY -IN VIOLATION OF THE ZONING ORDINANCE, HE NOTED THAT MR. BLOSSER WAS PROSECUTED BY THE STATE ATTORNEY'S OFFICE AND FOUND GUILTY, BUT PENALTIES WERE SUSPENDED; THE.TRAILER IS STILL ON THE PROPERTY; AND ZONING DIRECTOR WALKER RECOMMENDS THAT AN INJUNCTION BE FILED WITH THE CIRCUIT COURT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY COLLINS TO PROCEED TO FILE AN INJUNCTION AGAINST BURL BLOSSER AS RECOMMENDED BY THE ZONING DIRECTOR. ATTORNEY COLLINS INFORMED THE BOARD THAT THE FINANCE DEPARTMENT HAS HAD A QUESTION RAISED BY ONE OR MORE OF THE LOCAL BANKS IN REGARD TO RESOLUTION N0. 77-6 WHICH SPECIFICALLY GIVES THE CLERK AND/OR THE FINANCE OFFICER THE AUTHORITY TO PURCHASE TIME DEPOSITS AND U. S. GOVERNMENT SECURITIES, APPARENTLY SOME QUESTION HAS ARISEN IN REGARD TO THEIR t AUTHORITY TO CASH IN THE TIME DEPOSITS OR SECURITIES THAT WERE PURCHASED PRIOR TO THIS RESOLUTION, AND THE ATTORNEY WOULD LIKE AUTHORIZATION TO 46 APR 1977 0 eock 29 pt ,':2205 AMEND RESOLUTION N0. 77-6 CLARIFYING FOR THE BANKS THE AUTHORITY OF THE FINANCE OFFICER AND/OR THE CLERK TO INVEST AND REINVEST FOR THE BOARD, ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SIEBERT, THE BOA't.J UNANIMOUSLY ADOPTED RESOLUTION N0, 77-36 AMENDING RESOLUTION N0, 77-6 AS SUGGESTED BY ATTORNEY COLLINS, RESOLUTION NO. 77-36 WHEREAS, ON January 19, 1977, The Board of County Com- missioners of Indian River County, Florida, approved Resolution 77-6; and WHEREAS, certain Banking institutions have requested a clarification of Resolution 77-6; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That Resolution 77-6 is still in effect, whereby FREDA WRIGHT, Clerk of the Circuit Court, and/or WILLIAM P. JACKSON, Finance Officer, are authorized to purchase time deposits for the Board; and BE•IT FURTHER RESOLVED, That the authority of FREDA WRIGHT and/or WILLIAM P. JACKSON applies to all previously existing passbook accounts and that they have the right to withdraw, invest, and reinvest, the funds of Indian River County. This Resolution shall become effective as of the 6th day of April , 1977. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Bye C4 -w �- I%�G'-� William C. Wodtke, Jr., IT airman Attest: Freda Wright, Cler APR 61977 NO^. Beck 2 .� 226 r ATTORNEY COLLINS DISCUSSED WITH THE BOARD A RESOLUTION LOCATING AND IDENTIFYING THE SPOIL ISLANDS. HE INFORMED THE BOARD THAT IF THE LEGAL DESCRIPTION FOR THE SPOIL ISLANDS WERE TO BE DONE EXACTLY RIGHT, A SURVEYOR WOULD HAVE TO BE HIRED AND THE SURVEYING WOULD HAVE TO BE REDONE PERIODICALLY, WHICH IS NJ PRACTICAL. THEY HAVE, THEREFORE, ATTEMPTED TO TIE THE DESCRIPTION OF EACH ISLAND IN WITH A CHANNEL MARKER AND ALSO INTO THE APPROPRIATE SECTION, TOWNSHIP AND RANGE WHEREVER POSSIBLE. HE CONTINUED THAT THEY ARE GOING TO TIE THIS INTO THE COASTAL SURVEY MAP AND RECORD THE MAP ALONG WITH THE RESOLUTION. IN THIS WAY THEY WILL BE ABLE TO IDENTIFY THE ISLANDS BY GIVING THEM A NUMBER AND WILL USE THE SAME DESCRIPTION FOR REZONING. ATTORNEY COLLINS STATED THAT THE RESOLUTION IS IN SATISFACTORY FORM AND HE WOULD RECOMMEND m ADOPTING IT, ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION NO. 77-37 AND INSTRUCTED THE ATTORNEY TO PROCEED WITH THE REZONING OF THE SPOIL ISLANDS. APR 61977 ick 227 J w tri n8m --' n cl- w Cr- C Cr- <> L n c Q.. L0 LL C1 — LLJ _JN-- .. ZZ c-5 Ri d C.11 18IJ400 RESOLUTION NO. 77-37 toga 550 = 7 A RESOLUTION LOCATING AND IDENTIFYING SPOIL ISLANDS IN THE INDIAN RIVER FROM THE NORTH COUNTY LINE TO THE SOUTH COUNTY LINE OF .WDIAN RIVER COUNTY, FLORIDA, EXCLUDING 'r4THOSE SPOIL ISLANDS WIT11IN THE BOUNDARIES OF �',bTHE TOWN OF INDIAN RIVER SHORES AND THE CITY F VERO BEACH. W, IT RESOLVED by the Board of County Commissioners of .itv. Florida: SECTION 1 The Board of County Commissioners of Indian River County, Florida, does herewith find and determine that Spoil. Islands located in the navigable waters of the Indian River are to be used and enjoyed by the people in a manner consistent with the public interest and in the further promotion of the ecology and environment surrounding said Spoil Islands. SECTION 2 Spoil Islands are herewith established in the Intracoastal tidal waters in the navigable waters lying -ithin and off shore from any existing lands bor d--r-m '�L`.r'.� ���' =.� fl,v 0111r1F1- �f 1Jnrlinn P4 7) 1- OMM CTNnil Tclnnria being more particularly identified, as set forth and located on a drawing hereto attached and marked Exhibit A, and as such is made a part hereof and this Resolution, together with said drawing, shall be recorded in the public record's of Indian River County, Florida, in the Book of Plats of said County. Said Spoil Islands are shown on the attached Exhibit A which con= sists of United States Department of Commerce, Nautical Chart 845 -SC, 12th Edition, dated September 8, 1973, which said map or chart consists of sheets 1 through 4 inclusive. The Spoil Islands are super- imposed in ink and identified by number on said map for the purpose of clarification, and the following definitions and descriptions are made a part, to -wit: (Commencing from the North boundary of Indian River County, Florida.) ISLAND # 1 - A parcel of land lying in the Indian River in the SW 1/4 of Section 30, Township 30 South, Range 39 East, lying West of the Intracoastal Waterway, Southerly of Channel Marker "62" and Northwesterly of Channel Marker 1164", as designated on Nautical Chart 845 -SC. ISLAND # 2 - A parcel of land lying in the Iq.dian River in the NW 1/4 of Section 31, Township 30 South, Range 39 East, lying West of the Intracoastal Waterway, Southwesterly of Channel Marker "64" and North- westerly of Channel Marker "65", as designated on Nautical Chart 845 -SC. ISLAND # 3 - A parcel of land lying in the Indian River in the South 1/2 of Section 31, Township 30 South, Range 39 East, lying West of the Intracoastal Waterway, Northwesterly of Channel Marker "66" and South of Channel Marker "65", as designated on Nautical Chart 845 -SC. B t f ISLAND # 4 - A parcel of land lying in the Indian River in the SW 1/4 of Section 32, Township 30 South, Range 39 East, lying East of the Intracoastal Waterway, Southeasterly of Channel Marker "66", as designated on Nautical Chart 845 -SC. ISLAND # 5 - A parcel of land lying in the Indian River in the NW 1/4 of Section 5, Township 31 South, Range 39 East, East of the Intracow-: al Waterway, and due East of Channel Marker "65A", as designated on Nautical Chart 845 -SC. ISLAND # 6 - A parcel of land lying in the Indian River in the NW 1/4 and SW 1 4 of Section 5, Township 31 South, Range 39 East, East of the Intracoastal Waterway, and Northeasterly of Channel Marker 116811, as designated on Nautical Chart 845 -SC. ISLAND # 7 - A parcel of land lying in the Indian River in the SW 1/4 of Section 5, Township 31 South, Range 39 East, West of the Intracoastal Waterway, Southwesterly of Channel Marker "68"0 as designated on Nautical Chart 845 -SC. ISLAND # 8 - A double island of land lying in the Indian River in the SW 1/4 of Section 5, Township 31 South, Range 39 East, West of the Intracoastal Waterway, both being South of Island # 7, above described as designated on Nautical Chart 845 -SC. ISLAND # 9 - A parcel of land lying in the Indian River in the North 1/2 of the Northwest 1/4 of Section 8, Township 31 South, Range 39 East, West of the Intracoastal Waterway, due West of Channel Marker "69", as designated on Nautical Chart 845 -SC, being approximately 1400 in length. . CST ISLAND # 10 - A parcel of land lying in eiie lUtila.ii —L 1V a '61 ill Llll... S'E 1/4 of NW 1/4 of Section 8, Township 31 South, Range 39 East, West of the Intracoastal Waterway, lying approximately 1000 feet. South of Channel Marker '39", as designated on Nautical Chart 845 -SC. ISLAND # it - A parcel of land in the Indian River in the SE 1/4 of NW 1/4 of Section 8, Township 31 South, Range 39 East, West of the Intracoastal Waterway, lying approximately 1400 feet ± South of Channel Marker "69", as designated on Nautical Chart 845 -SC. ISLAND # 12 - A parcel of land lying in the Indian River in the NW 1/4 of the SE 1/4 of Section 8, Township 31 South, Range 39 East, West of the Intracoastal Waterway, approximately 1000 feet Northwesterly of Channel Marker "70", as designated on Nautical Chart 845 -SC. ISLAND # 13 - A parcel of land lying in the Indian River in the SE 1/4 of Section 8, Township 31 South, Range 39 East, West of the Intracoastal Waterway, approximately 600 feet Westerly of Channel Marker 117011, as designated on Nautical Chart 845 -SC. ISLAND # 14 - A parcel of land lying in tare Indian River in the SE 1/4 Section 8, Township 31 South, Range 39 East, West of the Intracoastal Waterway, approximately 600 feet + Southwesterly of Channel Marker "70" and Southeasterly of Island # 13, above described as designated on Nautical Chart 845 -SC. ISLAND # 15 - A parcel of land lying in the Indian River in the SW 1/4 of Section 16, Township 31 South, Range 39 East, West of the Intracoastal Waterway, lying approximately 900 feet Southwesterly of Channel Marker 1173" and approximately 1800 feet Northwesterly of Channel Marker 117411, as designated in Nautical Chart 845 -SC. Mk 9 � t 229 J e. 550 we 7 tyln4fr+�n 4 ISLAND # 16 - A parcel of land lying in the Indian River in the SW 1/4 of Section 16, Township 31 South, Range 39 East, West of the Intracoastal Waterway, approximately 900 feet East of Duck Point as designated on Nautical Chart 845 -SC. ISLAND # 17 - A parcel of land lying in the Indian River in the SW 1/4 of Section 16, Township 31 South, Range 39 East, West of the Intracoastal Waterway, approximately 900 feet Westerly of Channel Marker "74", as designated on Nautical Chart 845 -SC. ISLAND # 18 - A parcel of land lying in the Indian River in the North 1/4 of Section 21, Township 31 South, Range 39 East, West of the Intra- coastal Waterway, approximately 550 feet Southwesterly of Channel Marker "74', as designated on Nautical Chart 845 -SC. ISLAND # 19 - A p :. cel of land lying in the Indian River in the North 1/2 of Section 21, Township 31 South, Range 39 East, West of the Intra- coastal Waterway, approximately 900 ± feet South of Channel Marker "74", as designated on Nautical Chart 845 -SC. ISLAND # 20 - A parcel of land lying in the Indian River in the West 1/2 of Section 26, Township 31 South, Range 39 East, West of the Intracoastal Waterway, Channel Marker "84" marking its most Northern point and running Southerly approximately 2500 feet with the Southern tip lying approximately 400 feet Northwesterly of Channel Marker "91", as designated - on Nautical Chart 845 -SC. ISLAND # 21 - A parcel of land lying in the Indian River in the SW 1/2 of Section 26, Township 31 South, Range 39 East, Northeasterly of Govern- ment Lot 13, in said Section 26, South of the Intracoastal Waterway, and Southwesterly of Island # 20 above described, as designated on Nou',ical Lnarti 845-5%. ISLAND # 22 - A parcel of land lying in the Indian River in the W 1/4 of Section 26, Township 31 South, Range 39 East, South of the Intracoastal Waterway, and North of Government Lot 13, in said Section 26, as designated on Nautical Chart 845-S,C. ISLAND # 23 - A parcel of land lying in the Indian River in the SE 1/4 of Section 35, Township 31 South, Range 39 East, Westerly of the Intra- coastal Waterway, South of Channel Marker "99" and adjacent to Channel Marker "100", Easterly of Pine Island, as designated on Nautical Chart 845 -SC. ISLANDS 24-34 lie within boundaries of Indian River Shores and the City of Vero Beach, Florida. i ISLAND # 35 - A parcel of land lying in the Indian River lying in Sections 7 & 8, Township 33 South, Range 40 East, East of the Intracoastal Waterway, and West of Prang Island, approximately 700 feet Southwesterly of Channel Marker "149", as designated on Nautical Chart 845 -SC. i ISLAND # 36 - A parcel of land lying in the Indian River lying in Sections 8 & 17, Township 33 South, Range 40 East, East of the Intracoastal Waterway, Southwesterly of Prang Island and approximately 900 feet North- easterly of Channel Marker "153", as designated on Nautical Chart 845 -SC. ISLAND # 37 - A parcel of land lying in the Indian River in NW 1/4 of Section 20, Township 33 South, Range 40 East, West of the Intracoastal Waterway, approximately 1000 feet long, lying Southwesterly of Channel Marker "154"0 as designated on Nautical Chart 845 -SC. ISLAND # 38 - A parcel of land lying in the Indian River in the SE 1/4 of the NW 1/4 of Section 20, Township 33 South, Range 40 East, West of the Intracoastal Waterway, Northeasterly of Crawford Point, approximately 1200 feet Northwesterly of Channel Marker "156", as designated on Nautical Chart 845 -SC. a^ar 29 i ISLAND # 39 - A parcel of land lying in the Indian River in the South 1/4 of Section 20, Township 33 South, Range 40 East, West of the Intracoastal Waterway, approximately 500 feet Southwesterly of Channel Marker "158", as designated on Nautical Chart 845 -SC. ISLAND # 40 - A parcel of land lying in the Indian River in the East 1/2 Section 29, Township 33 South, Range 40 East, lying West of the Intra- coastal Waterway, approximately 650 feet Southwesterly of Channel Marker "100", due West of Starvation Point, as designated on Nautical Chart 845 -SC. ISLAND # 41 - A parcel of land lying in the Indian River in Sections 29 & 32, Township 33 South, Range 40 East, lying West of the Intracoastal Waterway, approximately 1500 feet East of the West shore of the Indian River and approximately 1000 feet Southwesterly of Channel Marker "161", as designated on Nautical Chart 845 -SC. ISLAND # 42 - A parcel of land lying in the Indian Riv.- r in the East 1/2 of Section 32, Township 33 South, Range 40 East, West of the Intra- coastal Waterway, lying due West of Channel Marker "166", as designated on Nautical Chart 845 -SC. ISLAND # 43 - A parcel of land lying in the Indian River in the SE 1/4 of Section 32, Township 33 South, Range 40 East, the South boundary of said island bordering in the South boundary of said Section 32, West of the Intracoastal Waterway, lying approximately 500 feet Northwesterly of Channel Marker "168A", and being due West of Round Island, as designated on Nautical Chart 845 -SC. SECTION 3 That the Board of County C 3mmissioners shall attempt to obtain from the proper State Agencies, leases necessary for the possession of uniµ sp^-,l Tin�lnv+r7n y»r7 F�,r 1•'l�n •m ninl•n»onn`a� +ons _"v. °7 ,i�m�rn��cm onPa� if `»��� thereon and upon the securing of such leases as may be required, the Board of County Commissioners of Indian River County, Florida, or its designated committees, shall have jurisdiction of the use and occupancy of such Spoil Islands A.s the same can best be used and enjoyed by the people in a manner consistent with the public interest. SECTION 4 If any sentence, phrase, section, or other portions of this Resolution be held invalid, such findings shall not effect the validity of the remaining portions of this Resolution. SECTION 5 This Resolution shall be in full force and effect immediately upon its passage. ° .Dated this e/9 � day of v,& 1977. 9 BOARD OF COUNTY COMMISSIONERS BY ATTEST; X,4e_44V'4� William C, Wodtk\e,e t, EE Chairman V. M4 OFFICIAL tuWkj, WK fAn 77 APR a 1977 0 0 1 " ch.coh,'*I; No. 1. to", 1804 NAUTICAL CHART 845 -SC INTRACOASTAL WATERWAY RES To WEST PALM BEACH ALM SHO FLORID F PROJECTION AT SCALE 1:41,000 SOEATORIWGS URND IN FEET AT MEAN LOW WATER •HEIGHTS • Heights In U., AUMoon Hig h Water THORITIES •It Surfty J.PaB,opby by the Cacn, �d Cre-d-t' jildtoloPhl and ""s and G"109*1-1 with dd.t;om and mili-irs train the Carps of E'g� Sur -Y. SUPPLEMENTAL INFORMATION Supp intom-tior, Conwit U.S. Coast Pilot 4 for frefiCillent CAUTION ad d fi. Thio ld,.d has been corrected from the Notice 'adrogro� - Center ---'I- - . . o weekly by he D.f.... M?pp.,ngA� Yriodicoll tfy each U.S. COO" Guard •i Leval Nohca to m issued 1. 1 and corner. lower .1h dit`. -h-- in the gg"Cl to the print INTRACOASTAL WATERWAY Distances ,led Depths 1, Indicated by I Puflils` 1--e- Mi.." Th. Waterway are Flo. a'. 'ey I. statute miles, mouth'mouth'44 12 feet Norfolk- V6- to Fort Pierce clido.c.. along the ! -! �d ii,dicm.d th-, 10 feet Fort Pierce, flo.'. mi..;. Fla. ,,ad fro. Norfolk. V.,O--. t. Mile& 1. International fee, Age.,. Flo. to Class Bonk. Florida Boy. 'table, for cne"C"t'-9 Stolu The controlling depths are published Nositicni Miles 0. given in U.S. Coast Pilot 4. peflodimlly to the U.S coast Guard local Notice to morinsm Published of Washing"' D• C• IT of COMMERCE U. S. DEPARTMENT ADMINISTRATION "AT10" OCEANIC AND `,��EAM SURVEY IONAL INSET I hr &a 1 6 7 14 ATLANTIC OCEjkN m r.�j t2 2 JAJ 7 r 4 2 gl(Fl 4.0 161MI'3 29 43 47 4 17 3 5 27 33 7 4 2 ro AW 34 7g t 3 27 2 1 37 i -p 2 7 35 2 38 6 4 27 F1 G 4 16k"57' 4 — 19 43 2 0,4 ,Romp 29 1 5 1 20 35 M 6 2 • to 4 21 IM Aw Long Pt 935 42 4 ' 6 1 cif, 1 R 4— 16f,"6(r 591 4 3 13 44 '4 4 38 16 2' 2 5 5 APR 61977 Dick 29 OFFICIAL RL-C®R®. 8o5�t JJD ME 80 32 /",*�� :•. r B \21° 1 l j • 1 t �° jl�`p 4 3 / \I\44a i 8 g tl.nrluulua�,42 45 q t 4sec Isa-76- ^77' novo ♦t/, M.eR 1 PELfCAN ISLAND is 32,\+"' 33 2 .r 'vlr "'', NATIONAL WILDLIFE t , d' 3 4\\\ 1• REFUGE 1 D t;^ (protected wreol -�• 27 N, V n+hV�T%/� �•/ p•+` `6 of P\\ o , �.'F14s°c of 4+• N If 35 "ram 43 110°cs<rR 5 -3� `�� 38 r iii?21 acsIs "K�i^ �p \ �$` • ..3' 4 4 _ ����Bp O l 3 P2 ,Frio 1t"89" i ,�`1w' /' �3k.l.wr1....y...>;` ,+\41 4 1 2 4 it i v 1�' 20 of °SL a p VV -=,"" Wabassot 3 1 �b4t'� i g ,�Ilrr�,lnto a / 5 3 6 /6j• - R L 21 35 A t` 4 1 2 2 9J+��.HQ1. it D _ 1 1 3 1 p0 R 93` QAS tis t2 2738 Wjw 1 13 If \ ... 2 pe 4 11 1�1\ tt Q 14 ! b( 11 42 4 , Tio6artt+ ,ate y� I.dt4 4 JJp\\�� 5 Ra 87 3 101 Mantrove t FI 6sec32 2 1\i B O O 1R - 15 25 pO7 o LiI 07 28 4 t Island,• 44 1 Q 39 f t. • pine / 1 1s1P10i" 8 25 33 � 2 tP. o aLf 6/ a 39 It It UWP T34 37 42 ' 4 23 L tP110 �,7/Q 6 4 H 44• 4FI R�//4�-161H'J[f j(�\��,., (�`Vb/n� 22 39 S It 1 / f 2 tr V 3 'lyt -.1 ! 3 It 10 t+.%%'1 1 ,115" Y 1 lu <d ••. 1 S� 04 IAS-/ , 33 - DeaCh - intertt Ft R4mct62A O'�'y01�1n?i1s- • 12 0I//7 2 R . O4 O ` 27 39. OIS l ^fit s 2 49 b IA v B 2 34 30 4 7L I Tri ` re 4 l/ee 't! 4 , • t • ' CALITK4.1 11 R 4sx ! an, i7" wpm 4 t0 Q 35 7,3 1 312 i s Tnmprrory dwnges or dakeh in Ids to .y' tl -'j'tj— an —t iadimted on _ _ I w 3S 34 1 i Sen Norm to mwir 1 o�r� 1 10 .. . L.P—d d --j. I.. M brotum Raas j� 0 27 1 ore wtsjed to shooraQ, porrwlmly a tln p I n 412 . . . C2d�o- S . 4.1121 121' 35 37 ad. 5 e4t 27 35 RANG COORDBVATE GRID 3 Florida State Grid eost sone• B i kec . 2123"1 i I \ jj 4 t0 t brdicmed by dosbed ticks at 10.000 t t'i 5 ,28 Mte—h. , 2 {I 3S { - iM Ian Ibrae digit+ ore eminad. 2 b 31 ji! 1 N1 ova { tma t0 32 ! b , 13 38 3 � � 1 0 '925" 27 ° IN7RACOASTAL WATERWAY AIDS e- f!• 37 • (sed b7 a 7ub.+ bond or bar m.Q ht ^• P 6, •^ t } ll 9 swt Wotwoy � 1^ 4 3S--7 • •.. .i' huoed1ame. .fANcimdsiowlkit.h Vfwed. t°rofKixeytoWrse .,r<�f•,�',aly�' P° Vt\ . a_ ti•11 I0 i/ I T 5' ;0: 1 Ib•�h"C11C. �iAsx R0NqSIV2 + 10 n —J / /o• /sfi d4I IS 3S 38 25 bod 2 22 2. Where the elWotoe. 1 15 0 38 nederilh onoIf-, v 'yRs3,10 13 2S _ (P parpO oi& b.- d4h.1 low oTinylm "I3oA' PJ 5 t • I k_/Ia151' _ 1419/ on 1M uorbomd side olid � pomx an o° ixAl i 38 ra poll side. i 5 4 i -- R O R 4sec Ibit"ITY i 4 70 39 ..... - � Air 2 �.. •1-° 10 � ` � Ii .,/�/1� •s r QD t^ 7Pi ft f + r g 33 11 25 36 "/h•r .rrrk i Vis 3 it, 33 37`1 i ! . �'—��I:,�Allll .. r. tAFG•I%fir.' .•�, .. _ .. ......., _ ...... 1 ' . 7 APR 619%7 - e or 29 .a 234 v 11619 add i ofr � p f � tf �n.�s•i �iNvi � � 6L \ °s ii �£ � l [:) i s 1 QQ � C6 8 f em�eu nn�aen� of �W� �,y�j a ja eL, I9` ..._.dn°tl 1+°fq•: ♦a.•�:. �i w.d:+.a ctlt��.y,,.. --"� , i . . 1 . i i 4 R X1977 1� COUNTY PLANNING DIRECTOR, VAL BRENNAN, REPORTED THAT HE HAD MET WITH THE MAYORS OF SEBASTIAN, THE TOWN OF ORCHID AND THE TOWN OF INDIAN RIVER SHORES TO DISCUSS FILING APPLICATIONS FOR THE 701 PROGRAM, MR. BRENNAN STATED THAT THEY WILL BE APPLYING FOR APPROXIMATELY $17,000 FOR SEBASTIAN AND INDIAN RIVER SHORES, BUT A LESSER AMOUNT FOR THE TOWN OF ORCHID. HE NOTED THAT INDIAN RIVER SHORES IS NOT FUNDED AT THIS POINT, BUT IF ANYONE DROPS OUT OR IF ADDITIONAL FUNDS COME THROUGH, THEY WILL BE FUNDED AS THEY ARE NEXT IN LINE. THE PLANNER THEN IN- FORMED THE BOARD THAT THESE N,NICIPALITIES DO NOT WISH TO HIRE A CON- SULTANT,.BUT WOULD LIKE THE COUNTY PLANNING STAFF TO DO THE WORK FOR THEM, AND ASKED IF THE BOARD DEEMED IT ADVISABLE TO DRAW UP AGREEMENTS WITH EACH OF THE MUNICIPALITIES SETTING OUT THE.EXACT RESPONSIBILITIES OF THE COUNTY AND THE MUNICIPALITIES. THE PLANNER STATED THAT THIS IS FOR THE PREPARATION OF A COMPREHENSIVE PLAN FOR EACH OF THE MUNICIPALITIES THAT WILL MEET THEIR 1979 REQUIREMENTS, IT IS A ONE-SHOT DEAL AND WILL NOT BE FUNDED AGAIN NEXT YEAR. HE NOTED THAT THE PLANNING DEPARTMENT WILL NEED ADDITIONAL EMPLOYEES AND WOULD LIKE TO BE ABLE TO CALL IN A CON- SULTANT 19 FROM TIME O 11E ON A FARIICULAR PHASE O HE S UDI,j l,E., UTILITIES OR WATER SUPPLY. ATTORNEY COLLINS RECOMMENDED THAT AGREEMENTS BE DRAWN UP AS SUG- GESTED BY MR. BRENNAN, AND THE BOARD AGREED. COMMISSIONER SIEBERT REQUESTED THAT MR. BRENNAN MAKE A REPORT ON. THE STAFFING REQUIREMENTS THAT WILL BE NECESSARY TO HANDLE THIS PROJECT, MR, BRENNAN AGREED TO SUBMIT SUCH A REPORT AND PREPARE -A GENERAL AGREEMENT FOR THE ATTORNEY TO REVIEW. ADMINISTRATOR JENNINGS DISCUSSED WITH THE BOARD A LETTER RECEIVED FROM VAL BRENNAN AS MANPOWER CHAIRMAN FOR THE INDIAN RIVER DISTRICT BOY SCOUTS OF AMERICkIREQUESTING THE COUNTY TO ASSIST IN DEMOLISHING AND REMOVING THE CUB SCOUT BUILDING, THE LETTER IS AS FOLLOWS: 49 IN1)1AN ItIVI.it DIST]t1C7' . • y C.�P(>l �i. INDIAN RIVER • BOY SCOUTS O AMERICA COUNTY— PHONE: (305) 567• 8361. I� P. o. Bo" 3508 r1 t'i�: ••VERO BEACH. FLORIDA 32960 AnxrkA manro-v MPR`��ti 00 ai twginiwith BOYPOWER 3 ��t�ca R�� a�u�sL� € March 28, 1977 Mr. Jack Jennings, County Administrator Indian River County Courthouse Vero Beach, Florida 32960 SUBJECT: Demolit'in & Removal of Cub Scout Building located on Lots 8,9,10, 11,12,13 & 14 Block 4. Original Town of Vero. (Now City of Vero Beach). Dear Jack: The Indian River District Boy Scouts of America desires to have the vacated building.at the location identified above demolished and removed from the site. In as much as the County played a Cooperative role in the late 1940's in assisting in locating the present building on the premises, the Cub Scout Sponsors of Indian River County, Inc. now requests that the County, again come to the assistance of the Boy Scouts of Ine4 an River District to remove the same-bui•lding now that it has out lived its usefulness. The Boy Scouts of Indian River District do not have tunas for such a iar•ye undertaking as this need. Please advise,if there is anything we/alE. o to assist in this request. . rnan,' '� \ Manpower Chairman Indian River District MR, BRENNAN INFORMED THE BOARD THAT THE BOY SCOUTS DO NOT HAVE THE MANPOWER NECESSARY TO REMOVE THE BUILDING, THIS BUILDING IS NO LONGER IN USE; ALL EQUIPMENT HAS BEEN REMOVED, HE NOTED THAT IT IS AN OLD WOODEN WORLD WAR 11 BUILDING; IT IS AN EYESORE AND IS DANGEROUS, THE ADMINISTRATOR NOTED THAT THE ONLY PROBLEM IS THAT COMPLYING WITH THIS REQUEST MIGHT SET A PRECEDENT AS THE COUNTY GENERALLY EX— CHANGES .SUCH SERVICES ONLY WITH OTHER GOVERNMENTAL AGENCIES, DISCUSSION CONTINUED AS TO HOW THIS COULD BE ACCOMPLISHED, AND THE CHAIRMAN INSTRUCTED MR. BRENNAN TO CONTACT THE FIRE DEPARTMENT IN REGARD TO1BURNING THE BUILDING DOWN AS THE COUNTY WOULD BE ABLE TO DEAL WITH THE FIRE DEPARTMENT AND ASSIST THEM IN CLEANING UP WHATEVER WAS LEFT, R 61977 n ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAD RECEIVED A REQUEST FROM THE DEPARTMENT OF AGRICULTURE FOR MORE INFORMATION IN ORDER TO DETERMINE THE COUNTY'S ELIGIBILITY FOR AN FNA GRANT TO APPLY TO BUILDING THE WATER LINE TO GIFFORD. HE NOTED THAT HE HAS CONTACTED WARREN SPURGE OF SVERDRUP & PARCEL, COUNTY CONSULTING ENGINEERS, WHO ESTIMATED IT WOULD COST BETWEEN $200 TO $300 TO COMPLETE THIS INFORMATION, AND HE WISHED TO KNOW IF THE. BOARD DESIRED TO GO FORWARD WITH APPLYING FOR THIS GRANT. AFTER SOME DISCUSSION, IT WAS DECIDED TO WAIT UNTIL CONGRESS ACTS ON THE PUBLIC WORKS EMPLOYMENT PROGRAM TO SEE IF WE HAVE A -HANCE OF BEING FUNDED IN THAT WAY, ADMINISTRATOR JENNINGS STATED THAT HE WISHED TO DISCUSS WITH THE BOARD SOME DRAPERY ESTIMATES RECEIVED FROM THE STATE ATTORNEYS OFFICE. ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSION SCHMUCKER THE BOARD UNANIMOUSLY APPROVED ADDING THE ABOVE EMERGENCY ITEM TO THE AGENDA AS REQUESTED BY THE ADMINISTRATOR. THE ADMINISTRATOR STATED THAT HE HAD RECEIVED THREE ESTIMATES FOP DRAPES TO COVER EIGHT WINDOWS, WHICH ESTIMATES RANGED FROM SLIGHTLY OVER $l,UUU.TO $875,00. FINANCE OFFICER i ...... LInTET THAT N••F- N..G C RF— CEIVED A BILL FOR REMOVAL OF THE RADIO ANTENNA FOR THE STATE ATTORNEY S OFFICE. DISCUSSION FOLLOWED AS TO JUST WHAT THE COUNTY IS RESPONSIBLE TO PROVIDE TO THE STATE'S ATTORNEY, AND ATTORNEY COLLINS LEFT THE MEETING TO SEARCH THE STATUTES, THE ADMINISTRATOR REFERRED BACK TO THE MATTER OF THE RELOCATION i OF THE CLERKS OFFICES AND INFORMED THE BOARD THAT HE HAS RECEIVED THREE PROPOSALS FOR LIGHTING IN THE CLERK'S OFFICES AS FOLLOWS: I` e .A>► 's 600k 29 A-^238 No. of PAUL WHITE ELECTRIC, INC. 602 6th Avenue VERO BEACH, FLORIDA 32960 Phone,567-2642 Pages WPOSAL SUBMITTED TO PHONE DATE Mr. Robert Donlon I Feb. 17, 1977 Vfi_EET JOB NAME Ind. River Co. Court House Rm 115 Lighting -Tax Assessor's Office ITY. STATE AND ZIP CODE JOB LOCATION Vero Begohe Fl. 32 b Vero Beach, Fl. 32960 ACHITECT I DATE OF PLANS I JOB PHONE . ... . ... . ..... .. ................ 1 . . ........... ...... ....... . . . . ...................... ........ .......... _­­­ . ........ .... .... . ............... ---------_.^- - --------------- - .............................. ..................... ......... ... ........ ......... ­ .................... .... ............................ ..... .... .. ............................................... . ... ...... .. I .................. .... ... . . ............... ........... ........................... . .............. ........ ­ ........ . ... ............ Mill, t1rapase hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: One Thousand One Hundred Seventeen. ------------- dollars ($ 1._117.00 Payment to be made as follows: As job progreages. An material Is guaranteed to be as specified. All work tobe completed in a workmanlikemanner according to standard practice% Any alteration or deviation from pec above s ifica. Authorized tions Involving extra costs will be executed only upon written orders. and witI become an Signature extra charge over and above the estimate. All agreements contingent upon strikes• accidents or delays biryond our control. Owner to carry fire. tornado and other necessary insurance. Note: This proposal may be 30 Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us it not accepted within days. Arreptatta of propolant —The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized . Signature to do the work as specified. Payment will be made as outlined above. Date of Acceptance: Signature FORM 118-3 COPYRIGHT 1900 - Awaftb4a It= 4 L>j tft. 10-M&ML Masa. 01409 I flick 239 APR 61977 . • •`V M4• t..e w -�•...eK..-.»m..1''''.oNo. at • • • INDIAN RIVER ELECTRIC, INC. ,• 1". 0. Box 21GG 2315 141h Avenue ! VEHO ISEACl'I, FLORIDA 320G0 • • Ptlono 5G7.5302 SUDUITTLO TO PHONE OAU 1-)-3-76 JUG HAUL •�� -Affn: lack lenninns L &No IIP CODE JOB LOCATION County Clerks °:i f ice 6 .._ DATC •OF PLANS JOB PHONE --� - t Court '-!-)use eby submit sp_•cdications and esUmales tor: and. Ins ta11e11••gTL3-440A Lifhonia - •.-. •.:...•__ FixfVres VIM acrylic lensli's at b100.0 etch 7-777 7 10r 11rolltur hereby to furnish material and labor — complete in accordance with above specifications. for the sunt of: ;even tltlncfrr-.d and rtt1/1:» - - dollars($ Mt to be made as follows: •aws as work nrooresses ' Ittht is yuato sta Q to be al s1wCc,. Aed. de .11-a to t•t e•nyde to in a wtnLa.aN.Le —� 01, t KeoW.u,: to eta.ufatd praCiKes. Aur alter, l.on or ak.ealan Irons abare else rfica. Au111oriYed � ` {{ � � •aoFneC t.ha costs a.It be tae:nl.1! only p'". wads. 01,1..91, Ad w.n t -mc o on .SrL•natWv 1' L C�C`'i���•� hvgt perr old ot.we the tsfiurale. Au ar;rcturcnb.'.••.w•Ceul upon st..ac., acrwterds i• IryorW our contra's. "ler W carry fire, lMnl.tp ar.I ..lint aeerseaty ubivarrte. Note: Plus 11COIIOS:II Illly be •\0111 at lWoo,corned by Waarin.tri a Carupugataw haruanc•. Ll1tlldWlW1 by Us it not accelrted wrtllin -1l ^ , bays. rr�11:11ir�� l�f �;irlllln�;�1t . •.. : I 1 •. �—Thr•.IrlMvr. 11iCCS.11lYihCdliotls onddnlBs arc wh,%1.1l I.uy and a14 hetcbyr %ccepted. Yau Iltr autlauuttf Sirtlalttto 1110 UvIl..q slvclbo. Pdyou•Bt will tit, as o ilhned 1114)rU•. ' L:1 ,naluro df Accrplaucc:.� P eaow i .eamoo...•�,n.aw.Barre•etwa-u.ti.+mu.aaa•wrovfrrwmm aaarrt.a.�tevv+..ws�a��rftwaes.axeetae.,.t�nt'tt'n••-•'•� i 41%4ks llo i CWIrt•ri.rt l..m a..e.fil. fires sM obi h•.lxnn..r+l. N.ee Pta.0 • - 46 • P • APR 61971 ° lyira.. 240 17 OSAL SUBMITTED TO Indian River Coun �ilrt�.ili�c't� B & W ELECTRIC, INC. 1022 17th Place VERO BEACH, FLA. 32960 Phone 567-4452 PHONE Page No. 1 of 1 Pages DATE Clerks Office CRY, STATE AND ZIP CODE JOB LOCATION Court House 26. 1 ARCHITECT [D—ATE OF PLANS I IJOB PHONE We hereby submit specifications and estimates for: Remove existing fixtures. Furnish and install ......9--.2x4 wrap around fluor. fixtures with acrylic lense & cool white lamps -.- 1 lx4 wrap around fluor. fixture with acrylic lense &.cool white lamps. ................ . wrap around fluorfixture with acrylic lense & cool white lapips. •---.Fixtures to be located (where practial. due to existing outlets) to give best spread of light and. less glare. Wiring required. _b.etween_._fixtures.will__.. ........ be"done on surface with EMT conduit. .......... ................................... ........... ....... ... ........ ....................... ..... ... ........ .................. ........ _..._... ......... _........... _........................................... _._... _................. _...... ................ _.......... _................ _.__.................. .... _............. .................... .......... ...................... ..:............ ..................... .... ........... ..... _........ ........... .......... ..... .... ... ._.....,._..._........................... ..... .... _............ ...... ..... ................... ............. __....... ..___.._.............. .......... .............. _........... .......... .............._....... .... :................... .... .......... ......... .............. _....... ._......................... ............... ......... ............ ....... ......... ................. .................. .................................. ............................ _......... _....... ... .......... ......................................................... .............. _....... . A I APR fist 129 �v.241 61977 All material is guaranteed to be as specified. All work to be completed in a workmanlike AUthOri2¢d manner according to standard practices. Any alteration or deviation from above specifica• Signature tions involving ext a costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes. accidents : This proposal may be 60 or delays beyond cur control. Owner to carry fire. tornado and other necessary insurance. ur workers are fully covered by workmen's Compensation insurance. OL withdrawn by us if not acceiRed within days. 411 re Of PrOP011 I. —The above prices, specifications ions are satisfactory and are hereby accepted. You are authorized Signature work as specified. Payment willlbb made as outlined above.ceptance: Signature FORM 118-3 COPYRIGHT 1960 - Aveaabie from Nkrr] Oro. Town.end, Male. 01469 A I APR fist 129 �v.241 61977 THE ADMINISTRATOR INFORMED THE BOARD THAT HE AND THE CLERK RECOM- MEND THAT THE PROPOSAL OF B & W ELECTRIC IN THE AMOUNT OF $900 BE ACCEPTED, DISCUSSION FOLLOWED IN REGARD TO COORDINATING THE INSTALLATION OF THE LIGHTING WITH THE RELOCATION OF THE OFFICES, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ACCEPTED THE PROPOSAL OF B & W ELECTRIC IN THE AMOUNT OF $900 AND INSTRUCTED THAT THE INSTALLATION OF THE LIGHTS BE COORDINATED WITH THE CLERK'S NEEDS, ADMINISTRATOR JENNINGS CC,'TINUED THAT WITH REGARD TO RELOCATION OF OFFICES THAT THE SHERIFF HAS REQUESTED SPACE IN THE ROOM VACATED BY THE STATE ATTORNEYS STAFF, AND NOTED THAT HE WISHED TO USE THE FRONT OFFICE ONLY ON MpTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE SHERIFF'S DEPARTMENT TO UTILIZE THE FRONT OFFICE IN ROOM 211, COMMISSIONER DEESON INFORMED THE BOARD THAT ON BEHALF OF THE LITTLE LEAGUE ORGANIZATION OF THE NORTH COUNTY THE KIWANIS CLUB HAS WDTTTCa, T11, Cn,lnn, I?nnnn --i- val r. i HA T THEY LOINS IDER GIVING I O 1 Flt COUNTY THE LIGHTS THAT ARE BEING TAKEN DOWN AT THE FOOTBALL STADIUM TO BE INSTALLED.AT THE BALLFIELD AT KIWANIS-HOBART PARK, HE REPORTED THAT SUPERINTENDENT MCCLURE HAS ASKED THAT THE COUNTY MAKE THIS REQUEST OF THE SCHOOL BOARD, COMMISSIONER SCHMUCKER NOTED THAT JUST THE LIGHTS WILL BE AVAIL- ABLE AS THE POLES ARE NOT USABLE, ADMINISTRATOR JENNINGS STATED THAT HE MIGHT BE ABLE TO ACQUIRE SOME USED POLES FROM FLORIDA POWER & LIGHT FOR THIS PURPOSE COMMISSIONER Loy INQUIRED WHETHER THE KIWANIS CLUB HAS ANY FUNDS TO COVER THE INSTALLATION OF THE LIGHTS, AND COMMISSIONER DEESON SAID HE BELIEVED IF THEY CAN GET THE FIXTURES, THEY WILL BE ABLE TO RAISE THE MONEY, ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO WRITE THE SCHOOL BOARD REQUESTING THEIR COOPERATION IN DONATING THE LIGHTING FIXTURES REMOVED FROM THE FOOTBALL FIELD TO BE USED FOR RECREATIONAL PURPOSES AT KIWANIS- HOBART PARKIt , 55 APR 61977 Bict 4Z ATTORNEY COLLI.NS RETURNED TO THE MEETING AND.STATED THAT THE COUNTY IS RESPONSIBLE FOR PROVIDING THE BASIC NEEDS FOR THE STATE ATTORNEY'S OFFICE. HE SUGGESTED THAT THE BOARD WAIT UNTIL ALL THE BILLS FROM THE STATE'S ATTORNEY ARE COMPILED AND GO OVER THEM. THE CHAIRMAN STATED THAT HE WILL MEET WITH ATTORNEY COLLINS AND THE STATE'S ATTORNEY AND ASKED THAT ANY ADDITIONAL ITEMS IN THIS REGARD BE PLACED ON THE NEXT AGENDA. HE INSTRUCTED THE FINANCE OFFICER TO HOLD UP PAYMENT OF THE BILL IN REGARD TO MOVING THE RADIO ANTENNA UNTIL ALL THE BILLS ARE GONE OVER, COMMISSIONER SCHMUCKER REPORTED THAT HE AND THE ADMINISTRATOR HAD VISITED WITH THE .JUVENILE PRISON AUTHORITIES AND THEY DO NOT ANTI- CIPATE ANY PROBLEMS WITH THE DETENTION FACILITY 'IN REGARD TO THE LAND- FILL OPERATION. ADMINISTRATOR JENNINGS AGREED AND STATED HE FELT THAT THEY WOULD BE ABLE TO WORK TOGETHER COMPATIBLY AND POSSIBLY TO EACH OTHER'S MUTUAL BENEFIT. COMMISSIONER SCHMUCKER REPORTED THAT WITH REGARD TO HIS CONCERN ABOUT WIDENING 1bTH STREET FROM 20TH AVENUE TO 43RD AVENUE, THE ADMINI- STRATOR HAS CHECKED ON WHAT WE COULD ABOUT THIS AS A SECONDARY ROAD WITHIN THE CfTY LIMITS, BUT APPARENTLY IT IS A CITY STREET, HE SUG- GESTED THAT POSSIBLY THE CITY WOULD WANT TO GO ALONG WITH THE COUNTY WIDENING THE STREET 2 TO 2-1/2' AND SURFACING THE WHOLE THING WITH ASPHALT AND COULD JUST DEDUCT THIS FROM THEIR SHARE OF THE ROAD FUND FROM THE COUNTY. HE FELT THE ONLY OTHER ANSWER WOULD BE SIDEWALKS, BUT NOTED THAT THE SUGGESTED WIDENING WOULD BE THE CHEAPEST AND QUICKEST IMPROVEMENT. ADMINISTRATOR JENNINGS AGREED THAT BUILDING A SIDEWALK WOULD BE A MUCH BIGGER PROJECT THAN WIDENING THE ROAD, AND POINTED OUT THERE IS NOT ENOUGH ROOM TO BUILD BICYCLE PATHS, COMMISSIONER LOY NOTED THAT CITY WILL RECEIVE ABOUT $40,000 FROM OUR ROAD TAXES AND POSSIBLY THEY WOULD BE AMENABLE TO HAVING US DO THE WORK AND THEM PAYING FOR IT. AFTER FURTHER DISCUSSION, THE BOARD AGREED THAT THE ADMINISTRATOR SHOULD LOOK 'INT6 THIS SITUATION AND REPORT BACK. . COMMISSIONER Loy STATED THAT IN REGARD TO FINANCING THE LANDFILL, THE FINANCZAL'ESTUDY COMMITTEE HAS REACHED THE POINT WHERE THEY NEED TO 56 el A IM APR 61977 MIca CONSULT BONDING PEOPLE AND THEY SHOULD HAVE AUTHORIZATION TO MOVE AHEAD AND INTERVIEW SOME BOND CONSULTANTS FOR THE PURPOSE OF RETAINING THEIR SERVICES, MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, TO AUTHORIZE THE FINANCIAL STUDY COMMITTEE TO INTERVIEW BOND CONSULTANTS AS SUGGESTED BY COMMISSIONER LOY, ATTORNEY COLLINS REPORTED THAT FINANCIAL CONSULTANTS ARE NOT INCLUDED UNDER THE COMPETITIVE NEGOTIATION ACT AND AGREED THAT WE NEED TO MOVE AHEAD ON THE FINANCING PROGRAM SO THAT THE FUNDS WILL BE AVAIL- ABLE -WHEN NEEDED. THE.CHAIRMAN CALLED FOR THE QUESTION, 'IT WAS VOTED ON AND CARRIED UNANIMOUSLY. ADMINISTRATOR .JENNINGS STATED TI4AT HE NEEDS AUTHORITY TO GO IN ON THE LANDFILL SITE AND START CONSTRUCTION JUST AS SOON AS POSSIBLE AS WE NEED TO BUILD A ROAD AND PREPARE THE BORROW AREA IN ORDER TO MEET THE .JUNE 30TH DEADLINE. HE ASKED HOW THIS CAN BE EXPEDITED, ATTORNEY COLLINS NOTED THAT IF THE BOARD WISHED TO CLOSE ON THE PROPERTY WITHIN A WEEK IT COULD BE DONE, BUT HE WOULD NOT RECOMMEND IT UNTIL ALL THE PERMITS ARE UBIAINED. THE ADMINISTRATOR REPORTED THAT THE DEPARTMENT OF ENVIRONMENTAL REGULATION HAS TOLD HIM VERBALLY THAT THE LANDFILL PLANS ARE ALL RIGHT, BUT WE HAVE NOT RECEIVED THE PERMITS AS YET AND WOULD NOT START WORK 'WITHOUT THEM. THE ATTORNEY NOTED THAT THE DEEDS HAVE BEEN MAILED UP TO THE PROPERTY OWNERS, AND WHEN THEY ARE MAILED BACK, HE WILL HOLD THEM IN HIS FILES UNTIL THE DAY WE RECEIVE THE•PERMITS. COMMISSIONER LOY PRESENTED TO THE BOARD A REPORT ON THE PROPOSED ANIMAL CONTROL ORDINANCE, AND IT WAS NOTED THAT THE PUBLIC NEARING HAD BEEN TABLED AT THE PREVIOUS HEARING AND SHOULD BE'CONTINUED AT THIS TIME, ON MOTION BY COMMISSIONER SIEBERT, SECONDED,BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY BROUGHT FORTH FROM THE TABLE THE PUBLIC HEARING ON THE PROPOSED ANIMAL CONTROL ORDINANCE AND ASKED COMMISSIONER LOY TO GIVE HER REPORT, COMMISSIONER LOY REPORTED THAT SHE MET WITH SHERIFF SAM JOYCE AND ASSISTANT STATES ATTORNEY, BERNIE CARTER, WHO HAD BEEN MOST COOP- ERATIVE IN REGARD TO INVESTIGATING AND PROSECUTING ANY VALID COMPLAINT n 57 APR '6 1977 1 244 PLACED BEFORE THE STATE'S ATTORNEY.' SHE NOTED THAT PROBLEMS ARISE FROM THE LACK OF VALID FACTS, THE INABILITY TO DETERMINE THE EXACT OWNERS OF THE DOGS CAUSING THE PROBLEMS, AND THE HESITANCY ON THE PART OF THE PUBLIC TO BECOME INVOLVED. COMMISSIONER LAY CONTINUED THAT IN DISCUSSING SECTION 3-22 OF OUR PRESENT ORDINANCE ON PAGE 111 OF THE COUNTY CODE OF ORDI- NANCES, IT WAS RECOMMENDED THAT INSTEAD OF STATING THAT "IT IS UNLAWFUL FOR THE OWNER", IT SHOULD BE CHANGED TO READ THAT "IT IS UNLAWFUL FOR THE PERSON, FIRM OR CORPORATION THAT HARBORS, KEEPS OR MAINTAINS.,.." COMMISSIONER LAY NOTED THAT THEIR SECOND RECOMMENDATION IS THAT WE DO NOT INCLUDE ANYTHING THAT PERTAINS TO DOGS IN THE PROPOSED ANIMAL CON- TROL ORDINANCE, THEY FELT IT WOULD BE BETTER TO IMPLEMENT THE ORDI- NANCE WE ALREADY HAVE ON THE BOOKS WITH JUST A FEW MINOR CHANGES, AND TO KEEP DOGS IN ONE AREA AND HANDLE ALL THE SO-CALLED "BARNYARD" ANIMALS SEPARATELY. COMMISSIONER Loy CONTINUED THAT SHE HAS TALKED WITH MRS. GRAHAM, HEAD OF THE HUMANE SOCIETY AND DR. FLOOD, AND SHE IS NOT READY',TO MAKE A FULL REPORT AS THERE ARE MANY THINGS WE WILL BECOME INVOLVED IN WITH DC:,, BUT IT SEEMS TO BE THE CONSENSUS TO KEEP REGULATIONS ABOUT DOGS SEPARATE. SHE, THEREFORE, RECOMMENDED WE HAVE THE ZONING COMMISSION REWORK THE PROPOSED ORDINANCE, DELETING ANYTHING TO DO WITH DOGS,HOLD A PUBLIC HEARING, AND THEN SEND IT BACK TO THE BOARD, COMMISSIONER Loy INFORMED THE BOARD THAT IN 1969 AND 1972 A DOG COMMITTEE RECOMMENDED EMPLOYING AND EQUIPPING A COUNTY DOG WARDEN TO BE SUPERVISED BY THE SHERIFF. THIS WAS NEVER IMPLEMENTED IN 1969, BUT IN 1972 MONEY WAS ALLOCATED IN THE BUDGET TO PROPERLY IMPLEMENT OUR PRESENT ORDINANCE, AND AN HONEST EFFORT WAS MADE TO FIND THE PROPER PER- SONNEL. THE PROBLEM WAS THAT THE PERSON HAD TO BE DEPUTIZED, AND IN ORDER TO BE -DEPUTIZED, HAD TO GO TO SCHOOL FOR TRAINING TO BECOME A FULL-FLEDGED LAW ENFORCEMENT OFFICER, NATURALLY, NO ONE WITH THIS TYPE OF TRAINING WANTED TO BE A DOG WARDEN AND NO ONE 'EVER APPLIED WHO MET THE STANDARDS WE WANTED SO THE MONEY EVENTUALLY WAS DROPPED OUT OF THE BUDGET. SHE DOTED THAT ?HE'SHERIFF NOW HASA PROCEDURE WHEREBY HE CAN AUTHORIZE A SPECIAL DEPUTY TO HANDLE A SPECIFIC DUTY OR AREA; I.E., HE HAS A SPECIAL DEPUTY JUST FOR THE KIWANIS-ROBERT PARK AREA, COMISSIONER LOY THEN NOTED THAT APRIL 1ST IS WHEN PEOPLE ARE SUPPOSED TO PURCHASE THE ANNUAL DOG TAGS, AND SHE QUOTED FIGURES SHOWING THAT WHEN PEOPLE BELIEVE THE ANIMAL ORDINANCE IS REALLY GOING TO BE ENFORCED, THE TAG 58 APR 61977 La 245 I SALES INCREASE -CONSIDERABLY, SHE FELT WE ARE NOW AT THE POINT WHERE WE MUST DECIDE WHETHER WE ARE GOING TO PURSUE THIS MATTER AND REALLY FOLLOW IT UP OR JUST LEAVE IT UP TO THE SHERIFF TO HANDLE AS WE ARE DOING NOW,F COMMiISSIONER SCHMUCKER ASKED IF WE HIRE SUCH A SPECIAL DEPUTY, WILL WE HAVE TO INCREASE OUR FACILITIES? COMMISSIONER Loy STATED SHE DID NOT BELIEVE S0; THAT SHE HAD CHECKED WITH THE HUMANE SOCIETY, AND THEY ARE PLEASED WITH THE WAY THE CITY HANDLES THIS PROBLEM ON THEIR DAY-TO-DAY BASIS. THEY HAVE 40 CAGES PRESENTLY; HAVE A GOOD RATE OF RETURN ON THE ANIMALS; AND WOULD BE VERY INTERESTED IN HAVING THE COUNTY IMPLEMENT THE ORDINANCE. CHAIRMAN WODTKE ASKED IF SHE FELT THE COUNTY SHOULD HAVE A LEASH LAW, AS HE IS CONCERNED ABOUT RESTRICTIONS IN. THE OVER-ALL COUNTY AREA. COMMISSIONER LOY DID NOT. DISCUSSION FOLLOWED IN REGARD TO THE LARGE AREA A WARDEN WOULD HAVE TO COVER AND THE VARIOUS PROBLEMS INVOLVED. COMMISSIONER SIEBERT STATED HIS ONLY RESERVATION IS IN REGARb TO ♦+�. \ �n .�r urn 1 r i. q Nrl^ -r vrsn Tb1r Dnenn n cti^e,rn MA KII NG CGiMMIL 11' ENTG IN n"L I'ILL/DLL' vi. A a1 VJJVL I I L.i11\ . 111L ,.LVet1\L ,.I v %jw , " THE POSSIBILITY OF INCREASED REVENUE FROM TAG SALES, THE AVAILABILITY OF CETA PERSONNEL, AND THE IDEA OF POSSIBLY SUPPLEMENTING THE SHERIFF'S BUDGET AS THE DOG WARDEN WOULD BE ASSIGNED TO HIS DEPARTMENT, COMMISSIONER SIEBERT AGREED THAT HE WOULD GO ALONG WITH THE IDEA THAT WE ARE GOING TO IMPLEMENT THIS ORDINANCE PENDING CONSIDERATION AT BUDGET TIME, HE NOTED THAT YOU WOULD HAVE TO HAVE AT LEAST ONE MAN, A VEHICLE, ETC. COMMISSIONER Loy POINTED OUT THAT WE HAVE MORE SUPPORT FOR THIS PROJECT THAN WE HAVE EVER SEEN BEFORE, AND THE PEOPLE OBVIOUSLY FEEL THAT WE HAVE GOT TO HAVE SOME STRONGER REGULATIONS, PARTICULARLY WITH REGARD TO DOGS, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY INSTRUCTED THAT THE PROPOSED ANIMAL CONTROL ORDI- NANCE BE RETURNED TO THE PLANNING & ZONING COMMISSION; THAT ANYTHING HAVING TO DO WITH DOGS BE DELETED FROM THE ORDINANCE; AND THAT THEY PROCEED WITH AT LEAST ONE PUBLIC HEARING. , APR 61971 p ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE AN AMENDMENT TO SECTION 3-22 OF THE INDIAN RIVER COUNTY CODE TO REWORD IT AS RECOM- MENDED BY COMMISSIONER Loy. CHAIRMAN WODTKE INFORMED THE•BOARD THAT HE NEEDED RETRO -ACTIVE APPROVAL FOR OUT -OF -COUNTY TRAVEL TO ORLANDO ON LARCH 28TH WHEN IT WAS NECESSARY FOR HIM TO FLY OVER AND DELIVER DOCUMENTS IN REGARD TO THE LANDFILL TO THE DER. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED RETRO-ACTIVE'OUT-OF-COUNTY TRAVEL AS ABOVE FOR CHAIRMAN WODTKE, PROCLAMATIONS HONORING DOROTHY PAOLA FOR HER SERVICES TO THE COUNTY AND PROCLAIMING THE WEEK BEGINNING APRIL 3RD DEFENSIVE DRIVING WEEK ARE HEREBY MADE A PART OF THE MINUTES. 14 X( . APR 61977 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA. 77 - -- P_.R.0CLA_MAT I ON WHEREAS, Indian River County is.losing a devoted and capable employee who has worked diligently and unselfishly on behalf of Indian River -County since the date of her employment on April 1, 1964; and . 'WHEREAS, DOROTHY PAOLA served as Secretary -to a number of Civil Defense Directors and has supplied continuity to Indian River County and the office of Civil Defense because of.her considerable knowledge and understanding of the functioning of the Civil Defense Office; and WHEREAS, DOROTHY PAOLA, because of her devoted service. to Indian River County, is being honored by this Proclamation and the County wishes her the best of success in South Carolina; NOW, THEREFORE, BE I�.' PROCLAIMED BY T:1E BOARD OF COUNTY uv 1'Nll1AN RIVER COUNTY, FLORIDA, That DOROTHY PAOLA be given this Proclamation as a tribute to her untiring service and capable performance on behalf of Indian River County and, specifically, the Civil Defense Office; and BE IT FURTHER PROCLAIMED That DOROTHY PAOLA will be missed by Indian River County and its citizens and by this Proclamation, Indian River County extends its wish of great success to DOROTHY PAOLA in South Carolina. This Proclamation shall be effective as of the 30th day of March, 1977. RV 9 rt Chainnan, County - ,ners �,a APR 61977 P Gr ?19 ;,''.248 WHEREAS, driving an automobile in traffic is one of the most widely practiced social skills in our community; and WHEREAS, driving an automobile in traffic involves high potential F for injuring pedestrians and other motorists and causing great property damage arising from traffic accidents; and WHEREAS, the danger of being involved in a traffic accident af- fects every man, woman, and child in this community since most are either a'driver,passenger, or pedestrian at one time or another; and WHEREAS, few drivers have had the opportunity to learn traffic crash avoidance skills in an organized and systematic manner; and WHEREAS, crash avoidance skill is not something to have or not to have, according to individual whim. Since others are vulnerable to one's lack of skill, it is the responsibility of each driver to make contain (as far as possible) that he develops his skill to the hiv}ee* n eie-e�. o" _d --- `^" WHEREAS, the Defensive Driving Course of the National Safety Council teaches the accepted accident avoidance skills and has reached almost eight million drivers; and WHEREAS, this course is now available to citizens of this com- munity through the Indian River Safety Council, and WHEREAS, the National Safety Council has declared April 3-9 to be NATIONAL DEFENSIVE DRIVING WEEK. NOW, THEREFORE, BE IT PROCIAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week beginning April 3 be designated as DEFENSIVE DRIVING WEEK and urge all,drivers to take advantage of driver improvement training opportunities available in this community. Further, to call upon all community leaders, employers and private organizations to sponsor training courses in accident avoidance techniques so as to improve the driving skills of drivers in this community. APR '6 1977 g This Proclamation shall be effective as of the 3rd day of April, 1977. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA fi William C. Wodtke, Jr. C'. -.airman ATTEST: Freda Wright, Clerk APP, 61 '977 "1 10 • FINANCE OFFICER WILLIAM JACKSON REPRESENTING FREDA WRIGHT, CLERK OF CIRCUIT COURT, DISCUSSED WITH THE BOARD SUGGESTED MIDYEAR BUDGET CORRECTIONS. HE REPORTED THAT HE HAD REVIEWED EACH ACCOUNT IN THE BUDGET AND IDENTIFIED THOSE WHICH WERE LIKELY TO BE EITHER UNDERSPENT OR OVERSPENT BY THE END OF THE FISCAL YEAR, HE DID THIS BY AVERAGING THE RATE OF EXPENDITURE FOR THE FIRST FIVE MONTHS AND PROJECTING IT FOR THE NEXT SEVEN MONTHS AND ALSO BY INTERVIEWING THE VARIOUS OFFICIALS FOR THEIR ADVICE AND IDEAS ABOUT THE_R SPENDING PATTERNS, DISCUSSION FOLLOWED ON HOW TO IDENTIFY ITEMS PURCHASED OUT OF FEDERAL REVENUE SHARING FUNDS AND HOW BEST TO SET THIS OUT IN THE DEPARTMENTAL BUDGETS, COMMISSIONER SCHMUCKER SAID HE WOULD LIKE TO SEE THE BUDGET ITEMS KEPT JUST AS WE.HAVE HAD THEM AND ADD ANOTHER ACCOUNT SHOWING WHERE THE FEDERAL REVENUE SHARING FUNDS HAVE GONE, THE FINANCE OFFICER POINTED OUT THAT WE DO NOT HAVE THE PROGRAM CAPABILITY OF DOING THAT AT THIS TIME, COMMISSIONER LOY NOTED THAT SHE ',GIANTS TO BE ABLE TO SHOW THE GENLRAL PUBLIC THE TOTAL BUDGET OF A PARTICULAR LEPARTMENT NO MATTER WHERE IT COMES FROM, SHE STATED THAT WE NEED TO KEEP THE ORIGINAL APPROPRIATION FIGURES IN THE BUDGET SO THAT WE CAN REFER BACK TO THEM, AND THE BOARD AGREED THEY WISHED TO HAVE A COLUMN SHOWING THE ORIGINAL APPROPRIATIONS, FINANCE OFFICER JACKSON INFORMED THE BOARD THAT, ALTHOUGH THEY NO LONGER HAVE A PROGRAMMER, HIS SENIOR OPERATOR IS GOING TO ATTEND A TWO-WEEK COURSE IN MIAMI, AND THEN THEY WILL ATTEMPT TO WRITE A RE- PORT IN A SIMPLER FORMAT. THE BOARD WENT OVER THE SUGGESTED BUDGET TRANSFERS IN DETAIL WITH THE FINANCE OFFICER. COMMISSIONER SIEBERT FELT A BUDGET AMENDMENT OUGHT TO COME FROM THE HEAD OF A DEPARTMENT WITH EXPLANATIONS OF WHY IT IS NEEDED BEFORE WE APPROVE ANYTHING AS HE FELT THEY HAVE AN OBLIGATION TO JUSTIFY THEIR EXPENSES AND SHOULD TRY TO LIVE WITHIN THEIR BUDGET IF AT ALL POSSIBLE, COMMISSIONER LOY AGREED THAT IT IS EARLY TO TRY TO MAKE ANY RE- VISIONS, BUT POINTED OUT THAT THE COMPUTER WON T PAY ANYTHING THAT GOES 64 APR o 1977- s . 0 pit 2.�1 OVER BUDGET AND SOME THINGS WILL HAVE TO BE ATTENDED T0, THE BOARD AGREED TO DEAL ONLY WITH SPECIFIC EMERGENCY ITEMS TODAY AND REVIEW THE OTHER ITEMS AT A LATER DATE, ADMINISTRATOR .JENNINGS QUESTIONED THAT THE ROAD & BRIDGE DEPART- MENT WOULD NEED AN INCREASE OF $100,600,00 FOR MAINTENANCE OF EQUIPMENT AND FELT THAT SHOULD BE CHECKED INTO, THE BOARD AGREED THERE SHOULD BE A FURTHER STUDY MADE OF THIS MATTER, - AFTER FURTHER DISCUSSION, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED ITEM - TO -ITEMS TRANSFERS AS SET OUT ON THE FOLLOWING PAGE: w APR 61977 14 .",A.' p9ok 252 I I CIO) kn C" cs 00 11 BOARD OF COU4TY COMMISSIONERS ITEM -TO -ITEM TRANSFERS 3.31-77 ORIGINAL PREVIOUSLY APPROVED THIS AMENDMENT AMENDED ACCOUNT TITLE ACCOUNT NO, BUDGET INCREASE DECREASE INCREASE DECREASE BUDGET GENERAL FUND BOARD OF COUNTY COMMISSIONERS i. Travel 01-2101-328.00 $1,000-00 $1,500.00 550.00 $2,500-00 1,550-00 Advertising 01-2101-333-00 1,000.00 40000 600.00 1,000.00 Telephone Professional Services 01-2101-335-00 01-2101-341.01 . 2,000.00 100.00 2,100.00 PERSONNEL Advertising 01-2552-333-00 -0- 50-00 i'OOO.00 840.00 50-00 850-00 100.00 1,010.00 Professional Services 01-2552-341.01 01-2552-341.02 .0- 1,380.00 840.00 1,000.00 1,625-00 2,845-00 Personal Services WELFARE ADMINISTRATION Salaries 01-5220-102.00 12,185-00 1,830-00 125-00 14,015-00 1,222.0080.00 Retirement 01-5220-105.01 1,097-00 793-00 FICA 01-5220-105.02 713.00 RESERVES Reserves For Contingencies 01-9990-701-00 186,265-00 17,939-00 7,310-00 161,016.00 $206,040.00 A 1,890.00 $19,779-00 $-7,310-00'. $7,310-00 $188,151-00 TOTALS FINE & FORFEITURE CLERK OF CIRCUIT COURT Miscellaneous Supplies fi 03-2320-20`4 2,500-00 2,700-00 5,200.00 Squipment, RESERVES Reserve For Contingencies 03T9990-701-00 1443706.00 90.00 2,700-00 141,916.00 90.00 29700-00 2,700.00 147,116.00 TOTALS _$147,206.Gj CIO) kn C" cs 00 11 COMMISSIONER SIEBERT DISCUSSED `WITH THE BOARD HIS CONCERN IN REGARD TO THE ACTION OF DR, HENRY FISCHER AT THE MEETING OF THE PLANNING & ZONING COMMISSION ON MARCH 31ST, HE NOTED THAT IN 1975, WE FOUND IT NECESSARY TO ADOPT RESOLUTION N0, 75-27 OUTLINING A CODE OF CONDUCT WHICH MADE VERY CLEAR TO MEMBERS OF THE ZONING COMMISSION THE STANL:;RDS UNDER WHICH WE WERE OPERATING AND EXPECTED THEM TO OPERATE, HE CON- TINUED THAT THIS RESOLUTION STATES THAT IF AN OFFICIAL HAS AN INTEREST IN A MATTER UNDER DISCUSSION, HE WILL NOT ATTEMPT TO INFLUENCE ANYONE IN THIS REGARD, BUT WILL, IN FACT, STEP DOWN AND LEAVE THE ROOM, HE REFERRED THE BOARD TO THE MINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF MARCH 31ST AND CONTINUED THAT HE FELT FROM THESE MINUTES AND FROM CONVERSATIONS HE HAS HAD WITH MEMBERS OF THE PLANNING STAFF AND OTHER MEMBERS OF THE PLANNING & ZONING COMMISSION THAT THERE HAS BEEN A SERIOUS VIOLATION AND BREACH OF OUR CODE OF CONDUCT, COM- MISSIONER SIEBERT STATED THAT, IN HIS OPINION, IF THIS IS ALLOWED TO CONTINUE IT WILL DESTROY THE PUBLIC S CONFIDENCE IN OUR ADVISORY BOARD, COMMISSIONER Loy STATED THAT SHE UNDERSTOOD THAT DR, FISCHER A- MEMBEROF THE PLANN?NG & ZONING COMMISSION IS AN OWNER OF THE FROPERTY THAT WAS UNDER DISCUSSION AT THE MEETING, IN FURTHER DISCUSSION THE BOARD FELT THAT DR, FISCHER OBVIOUSLY .HAD A DEFINITE CONFLICT OF INTEREST AND WAS AWARE OF THE ACTION HE SHOULD HAVE TAKEN, BUT DID NOT, CHAIRMAN WODTKE ASKED THE ATTORNEY WHAT OUR ALTERNATIVES ARE IN SUCH A SITUATION, THE ATTORNEY STATED THAT THE BOARD HAS THE RIGHT TO REMOVE A ZONING OFFICIAL ON 3/5 VOTE OF THE BOARD EVEN IF HIS TERM IS NOT COMPLETED, AFTER FURTHER DISCUSSION, IT WAS AGREED THAT THE MATTER SHOULD BE PLACED ON THE NEXT AGENDA SO THE BOARD COULD HAVE COMMENTS FROM THE PEOPLE DIRECTLY INVOLVED, THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT WERE APPROVED AND WAR- RANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND N0, 54610 - 54751 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 67 APR 6 1977- J LIST SO RECORDED BEING MADE A PART OF THESE MINUTES. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 7:35 O'CLOCK P.M. ATTEST: ........................................... LERK LHAIRMAN •: APR a 61977 Boor pal -E255 1 r