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HomeMy WebLinkAbout5/4/1977s WEDNESDAY, MAY 4, 1977 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, MAY 4, 1977, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, JR., CHAIRMAN: ALMA LEE Loy, VICE CHAIRMAN: WILLARD W. SIEBERT, JR.; EDWIN S. SCHMUCKER, AND fig. DON DEESON, ALSO PRESENT WERE JACK G. JENNINGS, COUNTY ADMINISTRATOR: L. S. "TOMMY" THOMAS, INTER- GOVERNMENTAL COORDINATOR: GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS: WILLIAM P. JACKSON, FINANCE OFFICER: AND VIRGINIA HARGREAVES, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER. "- COMMISSIONER LOY LED THE PLEDGE OF ALLEGIANCE TO THE FLAG AND REVEREND RICHARD E. ENGLE OF THE FIRST CHRISTIAN CHURCH - DISCIPLES. OF CHRIST GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF APRIL 20, 1977. COMMISSIONER DEESON REQUESTED THAT ON PAGE 7, 2ND PARAGRAPH, "ATRORNEY" BE CORRECTED TO READ "ATTORNEY." COMMISSIONER DEESON REQUESTED THAT ON PAGE 17, LAST PARAGRAPH, AND PAGE IS, 2ND PARAGRAPH, "SMITH" BE CORRECTED TO READ "SCHMIDT." COMMISSIONER SCHMUCKER REQUESTED THAT ON PAGE 27, 4TH PARAGRAPH, THE WORDS "THE ADMINISTRATOR" BE DELETED AND IN THE- 5TH PARAGRAPH THAT "ADMINISTRATOR JENNINGS" BE CHANGED TO READ "COMMISSIONER SCHMUCKER." COMMISSIONER SIEBERT ASKED THAT ON PAGE 42, LAST PARAGRAPH, "COMMISSIONER SIEBERT" BE CHANGED TO READ "COMMISSIONER DEESON." CHAIRMAN WODTKE REQUESTED THAT ON PAGE G, AFTER THE FIRST PARAGRAPH DENYING THE APPLICATION OF JOHNNY J. CANNON FOR PERMIT TO CARRY A CONCEALED FIREARM THAT THE SHERIFF'S LETTER RECOMMENDING DENIAL BE MADE A PART OF THE MINUTES. THESE CORRECTIONS. HAVING BEEN MADE, O'N MOTION -BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF APRIL 20, 1977, AS WRITTEN. MAY 41977 .• SHERIFF JOYCE APPEARED AND DISCUSSED WITH THE BOARD THE POSSIBILITY OF A NEW PISTOL PERMIT ORDINANCE. HE INFORMED THE BOARD THAT THE LEGISLATURE IS NOW WORKING ON A PISTOL PERMIT BILL AND SUGGESTED ' WAITING UNTIL THEY TAKE ACTION BEFORE MAKING ANY CHANGES IN OUR PROCE- DURES, COMMISSIONER Loy STATED THAT SHE IS CONCERNED ABOUT OUR PISTOL. PERMIT PROCEDURES AND RESPONSIBILITIES,#BUT AGREED WITH SHERIFF JOYCE THAT WE SHOULD HOLD OFF ON MAKING ANY CHANGE UNTIL THE LEGISLATURE ACTS. ; THE BOARD DISCUSSED THE BUDGET TRANSFER REQUESTED BY SHERIFF s JOYCE IN HIS LETTER OF APRIL 15, 1977, AS FOLLOWS: SAfJ► T. JO a YCE .1�'1)Lt�' 1.111-Is1.l G"Ota.\'?'l' P. 0.8C X 608 `�, MEMBER FLORIDA SHERIFFS ASSOCIATION PHONE 562-7911 MEMBER OF NATIONAL SHERIFFS ASSOCIATION VICUO IMACII. rI.ONIIIA JL'tHlp April15 Z p , 1977 Board of County Commissioners Indian River County Vero Beach, Florida In re: BUDGET AMENDMENT # 1 Gentlemen & Miss Loy: As provided in Florida Statute 30,495, I submit to you the .following Budget Amendment for the operation of the Sheriff's Office for the fiscal year of October 1, 1976 - September 30, 1977: FROM: SALARIES E;OR DEPUTIES & OTHERS: '$50,000.00 TO: AUTOMOBILE EQUIPMENT: $50,000.00 By way of explanation, I offer the following information. We opened bids for thirteen (13).new cars on September 21,. 19.76, and were guaranteed delivery within seventy-five (75) days. These vehicles have not been delivered to date due to internal problems in Ford Motor Company whose bid"was accepted, We are now 150 working days from bid opening. As a result, the vehicles that have been in.use,'have in excess of 200,000 miles on them; are being.used 24 hours a day, and we have at least six that are entirely out of service due to the fact that they in such a state of disrepair, and unsafe and/or incapable of being repaired. We have given this transfer of funds from our °Salary11 account careful consideration, and feel that by exercising control and discretion, we will be able to fulfill our payroll requirements. If you have any questions, I will be happy to meet with you in the next state meeting. r OAm ly.yours,'c� G..JOYCE. S ERIFFI 2 t 0 AY 4 19 i7 SHERIFFJOYCE INFORMED THE BOARD THATTHEBID ACCEPTED FOR THE 13 NEW CARS AMOUNTED TO $66,984 PLUS NINE TRADE-INS. HE EXPLAINED THAT HE HAD BUDGETED $60,000 TO PAY FOR THESE CARS, BUT SOME OF THE CARS, WHICH WERE TO BE TRADED IN ARE NOW OUT OF SERVICE DUE TO THE DELAY IN DELIVERY, AND, IN ADDITION, HE HAS HAD TO SPEND $2j,OW IN REPAIRS, ETC. HE FURTHER NOTED THAT IT IS NECESSARY T04HAVE SPECIAL FOREIGN TIRES IN , a! ORDER TO MEET GOVERNMENT REQUIREMENTS, WHICH IS ANOTHER EXPENSE. SHERIFF .JOYCE CONTINUED THAT BECAUSE OF THE DELAY, BY THE TIME HE ACTUALLY RE- CEIVES THESE CARS, HE WILL NEED ADDITI014AL CARS BECAUSE OF THE MILEAGE t PUT ON HIS PRESENT CARS BY INCESSANT USE. IN FURTHER DISCUSSION, THE BOARD FELT THE SHERIFF SHOULD HOLD THE FORD COMPANY TO THEIR SID AS THE DELAY WAS NOT HIS FAULT AND HAD CAUSED HIM MANY PROBLEMS AND INCONVENIENCES: THEY ALSO FELT HE SHOULD NOT HAVE TO PAY EXTRA FOR THE SPECIAL TIRES. THE BOARD AGREED THAT THE SHERIFF MUST HAVE THE CARS AND ASKED THAT HE KEEP THEM ADVISED OF HIS NEGOTIATIONS IN THIS REGARD. COMMISSIONER LOY ASKED HOW THERE WAS $50,000 AVAILABLE TO BE TRANSFERRED FROM THE SHERIFF'S SALARIES ACCOUNT, AND HE NOTED THAT HE IS ONE DEPUTY SHORT AND THERE ARE SEVERAL OTHER POSITIONS WHICH ARE NOT FILLED.' ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy,, THE BOARD UNANIMOUSLY APPROVED THE REQUEST OF SHERIFF .JOYCE FOR A BUDGET TRANSFER AS FOLLOWS: ACCOUNT No. INCREASE DECREASE AUTOMOBILE EQUIPMENT 03-3101-492 $50,090. SALARIES FOR DEPUTIES & OTHERS 03-3101-102 $50,099. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED APPLICATIONS FOR PERMIT TO CARRY A CONCEALED FIREARM OF THE FOLLOWING: WILLIAM TITUS ASBURY ADOLPH CHERUBINI ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED APPLICATIONS FOR RENEWAL PERMIT TO CARRY A CONCEALED FIREARM OF THE FOLLOWING LUCIANO .JOHN ZAMMUTO WILLIAM H. SEUGLING GERALD L. STEELE 3 Y 4 -1977 ON MOTION BY COMMISSIONER SCHMUCKER,_ SECONDED BY COMMISSIONER LOY THE BOARD UNANIMOUSLY GRANTED RETROACTIVE APPROVAL FOR ADMISSION OF JAMES NMI PHILLIPS TO A. G, HOLLEY STATE HOSPITAL, F ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER LOP, THE BOARD UNANIMOUSLY APPROVED OUT--OF-COUNTY TRAVEL FOR JUDITH WAKEFIELD, COUNTY EXTENSION DIRECTOR, AS FOLLOWS: MAY S (PA) - MAY 7 (pm) ORLANDO- AREA 41H HQRS SHOW (INDIAN RIVER COUNTY WILL HAVE L4 -HERS PARTICIPATING) MAY 16 (AM) WEST PALM BEACH COUNTY DIRECTOR'S CONFERENCE WITU NEW I AND HEADMxr AGORIDA MARINE ADVISORY PROGRAM i ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER LOP, THE BOARD UNANIMOUSLY APIPROVED OUT -OF -COUNTY TRAVEL FOR PETE SPYKE, AGRICULTURAL AGENT, AS FOLLOWS; MAY 5-6 ORLANDO IN NATIONAL SOCIETY OF CITRICULTURE CITRUS CONGRESS) ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 77-43 IN REGARD TO UNANTICIPATED REVENUE FOR CIVIL DEFENSE, AS RECOMMENDED BY THE CLERK, 4 RESOLUTION NO. 77-43 WHEREAS, the Board has received the sum of one ThoUsand Five Hundred -Eighteen Dollars g ($1,518.00) from the Independent -Insurance Agents of Indian River County, Inc. and WHEREAS, these funds were received specifically for the purchase of communication equipment for the County Civil Defense Unit, and WHEREAS, the Board had no reason to anticipate and did not anticipate the receipt of these funds. NOW THEREFORE be it resolved that the General Revenue budget be amended, in accordance with Section 129.06 (2) (d), Florida Statutes, as follows: ACCOUNT NO. TITLE AMOUNT INCREASED o1-1423-000.00 Non Governmental Agencies $1,518.00 - 01-3991-402.00 Civil Defense -Equipment $1,518.00 Said Resolution shall become effective as of May 4, 1977. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By WILLIAM C. WODTKE, JR, Chairman Attest : Clerk W e '25 11AY 41977 i ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNAMIMOUSLY ADOPTED RESOLUTION No, 77-44 AMENDING RESOLUTION No. � 77-2 TO INCLUDE.i/ERO BEACH UTIONAL BANK AS AN OFFICIAL COUNTY DEPOSI0 TORY, 0 RESOLUTION NO. 77-44 (fig Resolution No. 77-2) WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN .RIVER COUNTY, FLORIDA, on November 16, 1976, did select, nominate, and unanimously elect as their Chairman, William C. Wodtke, Jr., and did select, nominate and unanimously elect as their Vice - Chairman, Alma Lee Loy, and i WHEREAS, Freda Wright was elected Clerk of Circuit Court of Indian River County effective January 4, 1977, AND is also the Clerk of The Board of County Commissioners as provided by Florida Statute 125.16: NOW; THEREFORE, BE IT RESOLVED that the Board of County Commissioners do hereby i - designate the following banking institutions as official depositories: (1) First Citrus.Bank of Indian River County (2) Florida First National Bank of Vero Beach (3) Commercial Bank of Vero Beach (4) Beach Bank of Vero Beach (5) Southeast Bank of Sebastian (6) First Westside Bank of Vero Beach (7) Indian River Federal Savings and Loan Association (8) Security Federal Savings and Loan Association of Indian River County. (9) First Federal Savings & Loan Association of Indian River County (10) Southern Federal Savings and Loan Association of Broward County (11) Home Federal Savings and Loan Association of Indian River County (12) Vero Beach National Bank BE IT FURTHER RESOLVED that each designated depository of the Commission be, and It Is hereby requested, authorized, and directed to honor check warrants or other orders for the payment of money.drawn in the Commission's name, including those payable to the individu'al order of any person or persons whose name or names appear thereon, when bearing the signature of the Clerk, Freda Wright, and one signature of either the Chairman or the Vice Chairman. Of the two signatures, one must be an actual signature and one may be a facsimile signature. Said actual and facsimile signatures appearing below: (1) Freda Wright (Clerk) Actual Facsimile (2) William C. Wodtke, Jr. (Chairman) Actual Facsimile ' (3) Alma Lee Loy , (Vice Chairman) -9 MAY 41917 �! a BE IT FURTHER RESOLVED that the above named signatories are hereby authorized to execute any and all signature cards and agreements as requested by the respective banking • i Institutions to effectuate the intent of this resolution. We, the undersigned, do hereby certify that there is no provision of said Commission limiting the -power of the Board of County Commissioners to pass this resolution, and that the same was adopted by this Commission on May 4, 19777 and is in conformity with the provisions of said Commiss.ion. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By ri j';M William C. Wodtke, Jr. I Chairman - Attest: Freda Wright Clerk - Board of County Commissioners P.O. Box 1028 Vero Beach, Florida 32960 Telephone (305) 562-7927 Federal I.D. Number 59-6000674 SHERIFF .JOYCE PRESENTED TO THE BOARD A PROPOSED PLAN FOR CREATING ADDITIONAL FLOOR SPACE FOR HIS DEPARTMENT BY PARTITIONING IN PART OF THE CORRIDOR ON.THE SECOND FLOOR BETWEEN HIS PRESENT OFFICES AND THE ONE HE JUST RECENTLY ACQUIRED WHEN THE STATES ATTORNEY MOVED OUT, COMMISSIONER SCHMUCKER ASKED IF THERE WERE ANY PROBLEMS ABOUT FIRE EXITS, a SHERIFF .JOYCE STATED THAT THERE WOULD NOT BE, NOTING THERE WILL BE A DOOR INTO THE OPEN CORRIDOR AND DOORS CONNECTING HIS OLD OFFICES AND THE NEW ONE, HE POINTED OUT THAT THIS AREA IS AT PRESENT JUST WASTE SPACE AND CAN BE MADE INTO A ROOM S X 20 FOR EITHER STORAGE OR OFFICE SPACE, i 1 jl AFTER FURTHER DISCUSSION, CHAIRMAN WODTKE INSTRUCTED SHERIFF ' .JOYCE TO SUBMIT HIS PLANS TO BUILDING DIRECTOR DON ADAMS FOR REVIEW AND REPORT BACK, ATTORNEY COLLINS DISCUSSED WITH THE BOARD THE PASSAGE OF THE RESOLUTION NECESSARY TO BORROI'I FUNDS FOR PURCHASE OF THE LANDFILL AND THE COMPLETING OF OTHER BACK—UP DOCUMENTS, THE.ATTORNEY THAN READ THE PROPOSED RESOLUTION ALOUD, ON NOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SCH*MUCKERr THE BOARD UNANIMOUSLY ADOPTED RESOLUTION lo, 77-42, W tiAY 4197 A RESOLUTION PROVIDING FOR THE ISSUANCE OF REVENUE AND GENERAL OBLIGATION NOTES OF INDIAN RIVER COUNTY, FLORIDA, NOT TO EXCEED $850,000 TO PAY THE COST OF ADVANCING FUNDS FOR SOLID WASTE DISPOSAL IMPROVEMENTS; PLEDGING REVENUES OF THE PROJECT AND AD VALOREM TAXES FOR REPAY14ENT THEREOF AND CONTAINING OTHER PROVISIONS RELATING TO THE NOTES; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA (hereinafter called "Board") that: ---SECTION 1. AUTHORITY FOR RESOLUTION. This resolution is adopted pursuant to the provisions of Section 125.01, Florida Statutes, Chapter 159, Part I, Florida Statutes, and other applicable provisions of law. i SECTION 2. FINDINGS. It is hereby found, determined and declared as follows, that: A. It is necessary, desirable, and in the best interest of Indian River County, Florida (hereinafter called "County"), and its inhabitants that revenue and general obligation notes in an amount not exceeding $850,000.00 be issued to advance funds for solid waste disposal system improvements, including the acquisition of land and equipment therefor (herein called "Project"). B. Such revenue and general obligation notes together .with all other outstanding general obligation bonded indebtedness /of the.County will not exceed any statutory debt limitation. SECTION 3. RESOLUTION TO CONSTITUTE CONTRACT. In con- sideration of the acceptance of the Notes authorized to be issued hereunder by those who shall hold the same from time to time, this resolution shall be deemed to be and shad constitute a contract between the County and such holders. The covenants and agreements herein set forth to be performed by the County shall be for the benefit, protection and security of the legal holders of any and all of such Notes, all of which shall be of equal rank and without preference, priority or distinction of any of the Notes over any other thereof., except as expressly provided therein and herein. SECTION 4. AUTHORIZATION OF NOTES. For the purpose of advancing funds to finance the cost of the Project, there are hereby 0 A 1 authorized to be issued Revenue and General Obligation Notes of the County (herein called "Notes"), in the aggregate principal amount of root exceeding Eight Hundred Fifty Thousand Dollars 1 ($850,000). The Notes shall be payable to bearer unless registered a: hereinafter provided; shall be payable in lawful money of the United States of America; shall be issued either at one time or in installments from time to time; shall be numbered consecutively from one upward and each Note shall be dated as of the date of, V issuance thereof. Said Notes shall mature on or before May 1, 1978 and shall bear interest, payable at maturity, at the rate of four and sixty-five hundredths per centum (4.65%) per annum. Such Notes shall be payable as to principal and interest at First Citrus Bank of Indian River County, Vero Beach, Florida and such Notes shall be in such denominations, in multiples of $5,0.00, as may be agreed upon between the purchaser and the County. SECTION 5. SALE OF NOTES. The Notes are hereby awarded and sold at private sale, at the price of par, to First Citrus Bank of Indian River County, Vero Beach, Florida. The Chairman of the Board of County Commissioners is hereby authorized to receive the purchase price of said Notes, as issued, and to'apply the proceeds thereof without further authority from this Board. SECTION 6. EXECUTION OF NOTES. The Notes shall be executed in the name of the County by the Chairman of the Board of County Commissioners and countersigned and attested by the Clerk of the Board, and its corporate seal or a facsimile thereof shall be affixed thereto or reproduced thereon. The facsimile signatures of the Chairman or the Clerk may be imprinted or reproduced on the Notes, provided that at least one signature required to be placed thereon shall be manually subscribed. In case any officer whose signa-Li1rc shall appear on any of the Notes shall cease to be such officer before the delivery of such Notes, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. The Notes may be signed and sealed on behalf of the County by such person who at -2- Y 41977 eu �: � M ._ the actual time of the execution of such Notes shall hold the proper office with the County, although at the date of such Notes such person may not have held such office or may not have been so authorized. SECTION 7. NOTES MUTILATED, DESTROYED, STOLEN OR LOST. In case any Note shall become mutilated, or be destroyed, stolen or lost, the County may in its discretion issue and deliver a new Note I ' of like tenor as the Note so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Note., upon surrender and cancellation of such mutilated Note, if any, or in lieu of 1 o' and substitution for the Note, if any, destroyed, stolen or lost, and upon the holder furnishing the County proof of his ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the County may prescribe and paying such expenses as the County may incur. All Notes so surrendered shall be cancelled by the Clerk of the Board. If any such Notes shall have matured or be about to mature, instead of issuing a substitute Note, the County may pay the same, upon being indemnified as aforesaid, and if such Note be lost, stolen or destroyed without surrender thereof. All such duplicate Notes issued pursuant to this section shall constitute original, additional contractual obligations on the part of the County whether or not the lost, stolen or destroyed Notes be at any time found by anyone, and such duplicate Notes shall be entitled to equal and proportionate benefits and rights as to lien on and source and security for payment from the funds, as hereinafter pledged, to the same extent as all other obligations issued hereunder.. SECTION 8. PRIOR REDEMPTION. The Notes shall be redeemable prior to their stated date of maturity on any date, as provided in said Notes. SECTION 9. NEGOTIABILITY AND REGISTRATION. The Notes issued hereunder shall be and shall have all of the qualities and incidents of negotiable instruments under the law merchant and the Laws of the State of Florida, and each successive holder, in accept- ing any of such Notes shall be conclusively deemed to have agreed -3- HAY 41977 �� 4 }^ ..2 i that such Notes shall be and have all of the qualities and incidents of negotiable instruments under the law merchant and the Laws of the State of Florida. The Notes may be registered at the option of the holder as to principal and interest at the office of the Clerk of the Board, - as Registrar, or such other Registrar as may be hereafter duly appointed, such registration to be noted on the back of the Notes in the space provided therefor. After such registration as to principal -and interest, no transfer of the Notes shall be valid j unless made at such office by written assignment of the registered { owner, or by his duly authorized attorney, in a form satisfactory j to the Registrar, and similarly noted on the Notes, but the Notes may be discharged from registration by being in like manner trans- ferred to bearer form and thereupon transferability by delivery shall be restored. At the option of the holder, the Notes may thereafter again from time to time be registered or transferred to bearer form as before. SECTION 10. FORM OF NOTES. The text of the Notes shall be in substantially the following form and tenor, with such variations, omissions and insertions as may be necessary, desirable and author- ized or permitted by this resolution or any subsequent resolution Adopted prior to the issuance thereof: -4- Y 4 1977 •' J1.3 No. UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF INDIAN RIVER REVENUE AND GENERAL OBLIGATION NOTE KNOW ALL MEN BY THESE PRESENTS, that Indian River County, Florida (hereinafter referred to as "County"), for value received, hereby promises to pay to the bearer, or if this Note be registered, to the registered holder as herein provided, on May 1, 1978, the principal sum of Dollars with interest thereon at the rate of four and sixty-five hundredths per centum (4.65%) per annum,, payable at the maturity hereof, upon presentation and surrender of this Note. Both principal of and interest on this Note are payable in lawful money of the United States of America at First Citrus Bank of Indian River County, Vero . Beach, Florida. For the prompt payment of the principal of and interest on this Note as the same shall become due, the revenues of the project (hereinafter referred to), and, if necessary, the ad valorem taxing power of the County for the fiscal year 1977-78 at an annual rate not to exceed ten (10) mills on the dollar of assessed value, are hereby irrevocably pledged. This Note is one of an authorized issue of notes in the aggregate principal amount of $850,000 of like date, tenor and ,effect, except as to date of issue, number and denomination, issued to advance funds.to finance the cost of solid waste disposal system improvements including acquisition of land and equipment therefor (herein called the "project"), under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including Section 125.01, Florida Statutes, Chapter 159, Part' 1, Florida Statutes, and other applicable provisions of law, and pursuant to a resolution of the County duly adopted on the 4th day of May, 1977 (hereinafter called "Resolution"). This Note is Subject to all the terms and conditions of said Resolution. 'It is certified and recited that all acts,'conditions and things required to happen, to exist and to be performed, precedent to and in the issuance of this Note, have happened, exist, and have -5- t f � r' 'r MAY 4 1977 been performed in due time, form and manner as required by the Constitution and Laws of the State of Florida, applicable thereto; that the total indebtedness of said County, including the issue of Notes of which this Note is one, does not exceed any constitu- tional, statutory, or other limitation; and that, to the extent the revenues of the project are insufficient therefor, provision has been made for the levy and collection of a direct annual tax for the fiscal year 1977-78, at an annual rate not to exceed ten (10) mills on the dollar of assessed value, upon all property subject to taxation by the County, sufficient to pay the principal of and interest on this Note as the same shall become due, which tax shall be levied and collected at the same time and in the same manner as other ad valorem taxes of the County are assessed, levied and collected. This Note is redeemable, at the option of the County, on any date prior to its stated date of maturity, at the price of par and accrued interest to the date of such redemption;.provided that written notice of such redemption shall be given to the original purchaser of this Note at least two (2) weeks prior'to such redemption. This Note is and has all the qualities of a negotiable instrument under the law merchant and the laws of the State of Florida. This Note may be registered as to both principal and interest in accordance with the provisions endorsed hereon. IN WITNESS WHEREOF, Indian River County, Florida, has issued this Note and has caused the same to be signed by the Chairman of the Board of County Commissioners and the corporate seal of said County or a facsimile thereof to be affixed hereto or impressed, imprinted, lithographed or reproduced hereon and attested and countcrsigned by the Clerk of the Board, all as of the day of . 1977. INDIAN RIVER COUNTY, FLORIDA `i (SEAL) BY Chairman, Board of County ATTESTED AND COUNTERSIGNED: Commissioners Clerk, - Board of County Commissioners --- PROVISION FOR REGISTRATION This Note may be registered as to both principal and interest in the name of the ho�der on the books to.be kept by the Clerk of the Board of County Commissioners as Registrar, such registration being noted hereon by such Registrar in the registration blank below, after which no transfer shall be valid unless made by written assignment on said books by the registered holder or attorney duly authorized and similarly noted in the registration blank below, but it may be discharged from registration by.being transferred to bearer, after which it shall be transferable by delivery, but it may be again registered as before. DATE OF IN WHOSE NAME .SIGNATURE OF REGISTRATION REGISTERED REGISTRAR MAY 41977 i SECTION 11. PLEDGE OF REVENUES AND AD VALOREM TAXES. For the prompt payment of the principal of and interest on the Notes, the revenues derived from the operation of the project and, to the extent such revenues are insufficient therefor, the ad valorem taxing power of the County for the fiscal year 1977-78, at an annual rate not to exceed ten (10) mills on the dollar of assessed value, are irrevocably pledged. SECTION 12. SINKING FUND, DEPOSIT OF REVENUES AND LEVY OF AD VALOREM TAX. There is hereby created a Sinking Fund to be held and administered by the County solely for the purpose of paying the principal of and interest on the Notes as they become due. All of the revenues derived from the operation of the project shall be deposited into said Sinking Fund. There shall also be levied and collected a tax during the fiscal year 1977-78 at an annu al rat e not to exceed ten (10) mills on the dollar of assessed value, on all property subject to taxation by the County, sufficient in amount to pay the principal of and interest on such Notes as the same shall become due, after deducting therefrom any revenues or other funds which may be so applied. Such tax shall be assessed, levied and collected in the same manner and at the same time as other County taxes are assessed, levied and collected. SECTION 13. NOTE HOLDERS NOT AFFECTED BY USE OF NOTE PROCEEDS. The holders of the Notes issued hereunder shall have no responsibility for the use of the proceeds of said Notes, and the use of such Note proceeds by the County shall in no way affect the rights of such Note holders. SECTION 14. ARBITRAGE. No use will be made of the proceeds of the Notes which would cause the same to be "arbitrage bonds" within the meaning of the Internal Revenue Code. The County, at all times while the Notes and interest thereon are outstanding, will comply with the requirements of Section 103(c) of the Internal RPVz-nv�c lode and any valid and applicable rules and regulations of the Internal Revenue Service.' SECTION 15. MODIFICATION OR AMENDMENT. No material modifica- tion or amendment of this resolution or of any resolution amendatory -8- MAY 41977 � '� 7 i hereof or supplemental hereto, may be made without the consent in writing of the holders of the Notes then outstanding, provided, however, that no modification or amendment shall permit a change in the maturity of such Notes or the unconditional promise of the County to pay the principal of and interest on the Notes as the same shall become due. a SECTION 16. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements, or provisions of this resolution should be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate, from the remaining covenants, agreements or provisions, and in no way affect the validity of all the other provisions of this resolution or of the Notes issued hereunder. SECTION 17. EFFECTIVE DATE. This resolution shall take effect immediately upon its adoption. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY,. FLORIDA BY William C. Wo t ce, Jr, Chairman ATTEST: Freda Wright, C rc Adopted May 4, 1977. ATTORNEY COLLINS YHEN REVIEWED THE BACK-UP DOCUMENTS WHICH I NEED TO BE SIGNED, AS FOLLOWS; - 1 �. SIGNATURE AND 'SIO LITIGATION CERTIFICATE - TO BE SIGNED BY THE CHAIRMAN AND THE CLERK. 2. INCUMBENCY CERTIFICATE - TO BE SIGNED BY THE CLERK, 3. CERTIFICATE AS TO PUBLIC "IEETINGS - TO BE SIGNED BY ALL BOARD MEMBERS, 4. CERTIFICATE OF DELIVERY AND PAYMENT -JTO BE SIGNED BY THE CHAIRMAN. 5. ARBITRAGE CERTIFICATE - TO BE SIGNED BY THE CHAIRMAN, 6. CERTLFICATE OF RECORDING OFFICER - TO BE SIGNED BY THE CLERK, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE APPROPRIATE OFFICIALS TO EXECUTE.THE DOCUMENTS AS REVIEWED ABOVE, .19 MAY 41977 0 ,i SIGNATURE AND NO LITIGATION CERTIFICATE. We the undersigned Chairman and Clerk of the Board of County Commissioners of Indian River County, Florida, do hereby certify that we did, on the 4th day of May, 1977, officially sign the following described obligation of Indian River County, Florida: $600,000 - REVENUE AND GENERAL OBLIGATION NOTE, dated May 4, 1977, numbered 1, bearing interest at the rate of 4.65% per annum, payable at maturity, and maturing'on May 1., 1978. We further certify that at the date of the signing of said obligation, and on this date, we were and are the duly chosen, qualified and acting officers authorized to execute said obligation as indicated by the official titles opposite our signatures hereunder. We further certify that no litigation of any nature is now pending or threatened (either in State or Federal Courts) re- straining or enjoining the issuance, execution or delivery of said obligation or in any manner questioning the proceedings and au- thority under which said obligation is issued or affecting the validity of said obligation or any provisions made or authorized for its payment or affecting the corporate existence of said County or the titles of the present officers of the Board of County Commissioners of Indian River County, Florida, or any of them to their respective offices, and that none of the proceedings or authority for the issuance of said obligation has been repealed, revoked or rescinded. We further certify that the seal impressed upon this Certificate is the legally adopted, proper (SEAL) and only official seal of the. Board of County Commissioners of Indian River County, Florida; that said seal has been impressed upon said obligation. WITNESS our hands and said corporate seal this 4th day of May, 1977. Signature i'Y C , William C. Wodtke, Jr. Aida, M4r Freda Wright Official Title Chairman, Board of County Com- missioners, Indian River County, Florida Clerk, Board of County Commis- sioners, Indian River County, Florida I hereby certify that the signatures of the Chairman and Clerk of the Board of County Commissioners of Indian River County, Florida, which appear above are true and genuine and that I know said officers and know them to hold the offices set opposite their names. FIRST CITRUS BANK OF IND TAN RT TFR rnrrnTTy Bank By: ' / Au -ze"Officer Title Vice President INCUMBENCY CERTIFICATE I, Freda.Wright, the undersigned Clerk of the Circuit Court, ex -officio Clerk of the Board of County Commissioners of Indian River County, Florida, DO HEREBY CERTIFY as follows: 1. The names of the members ofjthe Board of County Commissioners of Indian River County, Florida, and the dates of commencement and expiration of their respective terms of office are as follows: Members Term Began Term Ends William C. Wodtke, Jr. 11-19-74 ll -21-78 Alm Lee Loy U-16-76 11-18=80 W. W. Siebert, Jr. 11-10-76 11-18-80 Edwin S. Schmacker 11-19-74 11-21-78 R. Don Deeson 11-16-76 11-18-80 2. William C. Wodtke, Jr. is the duly elected Chairman of the Board. He began his term of office as such Chairman on November 16 1976 , for a period ending on January 4 1978- 3. All of the above.persons have duly filed their oaths of office and such of them as are required by law to file bonds or undertakings have duly filed such bonds or undertakings in the amount and manner required by law. 4. I was duly elected as said Clerk for a term commencing on January 4 , 19 77, to serve for a period ending on January 6 , 19 81 I have filed my oath of office and my official bond in the amount and manner required by law. 5. The corporate seal impressed hereon is the true and only corporate seal of the Board of County Commissioners of Indian River County, Florida. IN WITNNESS WHEREOF, I have hereunto set my hand and impressed the official seal of said Board, this 4th day of May, 1977. (SEAL) Clerk of the Circuit Co t, ex -officio Clerk of the Board of County Commis- sioners of Indian River County,.Florida CERTIFICATE AS TO PUBLIC MEETINGS STATE OF FLORIDA ) ) ss COUNTY OF INDIAN RIVER ) We, the undersigned members of the Board of County Commis- sioners of Indian River County, Florida, recognizing that the .purchaser of $850,000 Revenue and General Obligation Notes of the County, dated as of the dates of issuance thereof, will have purchased said Notes in reliance upon this Certificate, do hereby certify, individually and collectively, that no two or more of us, meeting privately together, reached any prior conclusion as.to whether the actions taken by the Board on May 4, 1977, with respect to said Notes, the security therefor and the application of the proceeds thereof, should or should not be taken by the Board or should or should. not be recommended as an action to be taken or not to be , taken by the Board. IN WITNESS WHEREOF, we have hereunto affixed our official signatures this 4th day of May, 1977. -906.1'. (a- VOVUWA iam C. W te, Tr.- Ahm LPe TAy , Jr. -t s� CIZeJ S. S er R. Dan Deeson Sworn to and subscribed before me this 4th day of May, 1977. Not Public of Florida at Lakge My ommission Expires: story PobQG m SlotB of n-11 �od�by bAmonr4� 'cFie�, (SEAL) Chairman, Board of C6unty Commis- sioners of Indian River County, Florida CERTIFICATE OF DELIVERY AND PAYMENT jl I, William C. Wodtke, Jr., Chairman of the Board of County Commissioners of Indian River County, Florida, DO HEREBY CERTIFY: That on the 4th day of May, 1977, 1 delivered to First Citrus Bank of Indian River County, the purchaser thereof, the following described obligation.of Indian River County, Florida: -600,000 - REVENUE -AND GENERAL OBLIGATION NOTE, dated May 4, 1977, numbered 1, bearing interest at the rate of 4.65% per annum, payable at ------maturity, and maturing on May 1, 1978. That at the time of delivery of said obligation, I re- ceived from said purchaser full payment for said obligation in accordance with the contract of sale, computed as follows: Contract Price $600,000-00 Accrued Interest -0- Total Purchase Price $600,000.00 IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said Board this 4th day of May, 1977. (SEAL) Chairman, Board of C6unty Commis- sioners of Indian River County, Florida ARBITRAGE CERTIFICATE i The undersigned Chairman of the Board of County Commis- sibners of Indian River County, Florida, hereby certifies that none of the proceeds of sale of the $600,000 Revenue and General D+liqation Note of the County dated May 4,, 1977 will be invested in acquired obligations at a yield which is greater than the yield on the Note. On the basis of the foregoing, it is not expected that the proceeds of the Note will be used in a manner that would cause the -Note to be an "arbitrage bond" under Section 103(c) of the Internal Revenue Code and.the regulations prescribed under that Section. To the best of my knowledge and belief, there are no other facts, estimates or -circumstances that would materially change the foregoing conclusion. IN WITNESS WHEREOF, I,have hereunto set my hand this 4th day of May, 1977. Chairman, Board of Coy Commis- sioners of Indian River County, Florida 11 1 i _.:The undersigned HEREBY CERTIFIES that: - - =1. S He is the duly appoint,ara]iifCied, anndd acti Clerk of the o Indian River County. Florida - (herein called the Board ), and keeper of the records thereof, including the minutes of its proceedings; - - - 2. The annexed copy of extracts from the minutes of the Regular meeting of the Board , held on the 4th day of - May 1977 is _ I a true, correct, and compared copy of the whole of the original minutes of said meeting on file and of record insofar as the same relate to the resolution referred to in said extracts and to the other matters referred to therein; l 3. Said meeting was duly convened in conformity with all applicable requirements; a proper quorum was present through- out said meeting and the resolution hereinafter mentioned was , duly proposed, considered, and adopted in conformity with appli- cable requirements; a nd all other requirements and proceedings incident to the proper adoption of said resolution have been duly fulfilled, carried out, and otherwise observed; 4. S He is duly authorized to execute this Certificate; and 5. The copy of the resolution annexed hereto entitled; A Resolution Providing For The Issuance Of Revenue and General Obligation Notes Of Indian River County, Florida, Not To Exceed $850,000 To Pay The Cost Of Advancing Funds For Solid Waste Disposal Improvements; Pledging,Revenues Of The Project And Ad Valorem Taxes For Repayment Thereof And Containing Other Provisions Relating To The Notes; Providing An Effective Date. is a true, correct, and compared copy of the original resolution s referred to in said extracts and as finally adopted at said meet- ing and, to the extent requiredby law, as thereafter duly signed ora roved y e r officer or office Board of o - rs of the Cunt Com approved the Y ��S�i�t�, ��o$�d�ncT aii ���er which resolution i ut on is "r on file le and of record. 1 --, WITNESS my hand and the seal of the _��%�� this _ L�K�4 day of , 19_. � Freda Wright, Clergy (SEAL) _ - MAY 4 1977 r fl6Dk 4.9. �"' n ATTORNEY'S CERTIFICATE RE `ARBITRAGE I, George G. Collins, Jr., attorney for Indian River County; Florida, have conducted an investigation regarding the issuance on May 4, 1977, of a $600,OOO.Revenue and General Obliga- tion Note of the County dated May 4, 1977.' The investigation f included: f!f (1) Consultation with the Chairman and Clerk of the Board of County Commissioners regarding the use of the proceeds • of the Note; (2) Consultation regarding the,investment, if any, of the proceeds of the Note; and (3) An examination of the amount needed for the purpose i of the Note and the total amount of the issue of Notes of which said Note is a part. Based upon the above described examination, it-is my opinion that the certification of the Chairman of the Board of County Commissioners is not unreasonable. IN WITNESS WHEREOF, I have hereunto set my hand this 4th day of May, 1977. ty A orae , IWianRivei C ty, { Florida • i - EXTRACTS FROM THE MINUTES OF A filar 1 MEETING OF THE Board of County CommisSioners j OF Indian River. County a HELD ON. THE 4th • DAY OF. May , 19 77 r The Board of County Commissioners of Indian River County, Florida met in Regular meeting at Tnjian River rell;,ty,,,,, in the City of Vero Beach Florida at 8:30 o'clock A .M. on the _4th__ day of May , 1977 the place, hour, and date duly established for the hold- ing of such meeting. The Chab nan called the meeting to order and on roll call the following answered present: William C. Wodtke, Jr. Edwin S. Sch maker Alma Lee l oy R. Don Deeson Willard W. Siebert, Jr. and the following were absent: None l { The Chairman declared a quorum present . g A Resolution entitled: A Resolution Providing For The Issuance Of Revenue and General Obligation Notes Of Indian River County, Florida, Not To Exceed $850,000 To Pay The Cost Of Advancing Funds For Solid Waste Disposal Improvements; Pledging Revenues Of The Project And Ad Valorem Taxes For Repayment Thereof And Containing Other Provisions Relating To The Notes; Providing An Effective Date. was irt_oOLved by Mr. William C. Wodtke, Jr. Said Resolution was then read in full and discussed and considered. a 1 Miss Alma Lee Loy then moved the adoption I •' No. 77-42 of the Resolution/as introduced and read. Mr. Edwin S. Schmucker seconc:ed the motion, and, on roll -call, the following voted "Aye": Alma Lee Loy, Edwin S. Schmucker, Willard W. Siebert, Jr., Jr. RDon Deeson and William C. Wodtke, i � ; and the following voted "Nay": None I The Chairman thereupon declared the motion ! carried and the Resolution adopted as introduced and read. There being no further business to come before the meeting, upon motion duly made and seconded, the meeting was adjourned- -2 - A! Y 419' I THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK 1 READ THE FOLLOWING NOTICE, WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: _ VERO BEACH PRESS -JOURNAL i Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA j 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 NOTICE a ��� O NOTICE IS HEREBY GIVEN thatthe Board ioners of Indian River sreceive • Co ntynFlorida, will bids to the hour of 9:30 A.M. Wednesday, May 4, 1977, for the 1 �••� �^•�� In the matter of t, E 6J(C_ ¢i Jr3�1 following: One (1) new 1977 four (4) Doorsedan Minimum 120" wheelbase Engine—Minimum 350 C.I.D. r Specifications, instructions to bidders and in the Court was pub-. bidding blanks are available at the Office of ' the County Administrator, Room 115, County. Court House, or will be mailed upon request. The Board of County Commissioners lisped in said newspaper in the issues of - -� �I % reserves the right ?o re{ect any or all of the bids and make awards in any marner which - • the Board considers to be in the best interest of Indian River County, Florida. - Bids for the.above item shall be submitted in 1 an envelope securely sealed and marked on the Affiant further says that the said Vero Beach Press -Journal is a newspaper published at outside to show the item being bid on and the 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 date and time of the opening. The bids may be mailed or delivered to the Office of the County 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- Administrator, Room 115, County Court Nouse, Vero Beach, Florida. Proposals tisement; and affiant further saysthat he has neither paid nor promised -any person, firm � received after unopened. A.M. May 4, 1917, will be ay4, returned unopened. corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Indian River County, Florida Board of County Commissioners By: William C. Wodtke Jr., �r� A.D. S_ Sworn to and subscribed before me this ay o��Z Chairman Apr. 13, 1J, 1977• - - (Basi ssanagen) (Clerk of the Circuit Court, Indian River nty, Florida) '! (BEAU THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: € _ (ALL PRICES INCLUDE TRADE—IN) j VELDE FORD — FORD LTD $4,704.54• i JOE MARTINO CHRYSLER PLYMOUTH — PLYMOUTH GRAN FURY $4,472.14 VERO BEACH LINCOLN MERCURY — i I MERCURY MARQUIS $4,755.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED TO THE ADMINISTRATOR FOR EVALUATION. i A! Y 419' i THE HOUR OF 9-.30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK i READ THE FOLLOWINGIOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: - VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann Jr. who on oath ys that he is Business Manager of the Vero Beach Press -journal, a weekly newspaperpublished ee at Vero Beach in Indian River County Florida; that the attached ti a ached copy of advertisement, being NOTICE 1 NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will receive bids to the hour of j 9:30 A.M. Wednesday, May 4, 1977, for the following: In the matter of ._ oZ Y% rL J N t? t� 4$ —�� Employee Group Life &Health Insurance Specifications, instructions to bidders and cgc� rt� n bidding blanks are available at the Office of 1 ^ mor the County Administrator, Room 115, County Court House, or will be mailed upon request. The Board of County Commissioners " In the Court, was pub- 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. c� fished in said newspaper in the issues of n n ,� 1 (n 1 Ci ���r} 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, Affiant further says that the said Vero Beach Press -Journal is a news Vero Beach, in said Indian River County,Paper Published at In and that the Vero Beach, Florida, 33960. Proposals received after 9:30 A.M. May 4, 1977, will be been cBeach,o said newspaper has heretofore y 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 returned unopened. Indian River County, Florida Board of County Commissioners for a period of one year next preceeding the first publication of the attached copy of adver- tisernent; and affiant further says that he has neither paid nor promised any pe, firm r rson By: William C. Wodtke Jr., Chairman corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Apr. 6,10,1977. Swam to and subscribed before me this day ofT,�' A.D. / Bus' onager) (SEAIJ (Clerk of the Circuit Court, Indian er County, Florida) - DISCUSSION FOLLOWED WITH REGARD TO CRITICISM RECEIVED ON THE SPECIFICATIONS, AND COMMISSIONER Loy NOTED THAT AT A PREVIOUS MEETING SHE THOUGHT IT HAD BEEN MADE PLAIN TO THE INSURANCE REPRESENTATIVES . PRESENT THAT THE BOARD WOULD BE INTERESTED IN LOOKING AT ANY PLAN "EQUAL TO OR BETTER THAN" OUR PRESENT COVERAGE. SHE POINTED OUT THAT THE SPECIFICATIONS WERE DRAWN FROM A SPECIFIC COMPANY AS THAT IS THE COVER- AGE WE HAVE AT PRESENT, AND ANY DIFFERENCES SHOULD BE SET OUT IN THE BIDS, COMMISSIONER SIEBERT AGREED THAT THE SPECIFICATIONS WERE NOT ACTUALLY SPECIFICATIONS BUT MERELY SET OUT WHAT COVERAGE WE HAVE. HE NOTED THERE ALSO HAD BEEN CRITICISM IN REGARD TO UNAVAILABILITY OF EXPERIENCE DATA, 30 MAY 41977 PERSONNEL DIRECTOR ROBERT DONLON NOTED THAT A LITTLE OVER A YEAR AGO,.WE TOOK SOME NEW GROUPS INTO OUR COVERAGE AND FORMED A LARGER GROUP. HE STATED THAT PRIOR TO THAT TIME THE INSURANCE COMPANY WOULD NOT FURNISH US WITH GROUP EXPERIENCE DATA AS OUR GROUP WAS NOT LARGE ENOUGH. DUNCAN CHALMERS, INSURANCE AGENT, DISAGREED NOTING THAT AN IN- SURANCE CARRIER MUST SUPPLY EXPERIENCE INFORMATION ON GROUPS OF 59 OR , MORE AND THERE ALREADY WERE THAT MANY IN THE ROAD & BRIDGE GROUP. FIE CONTINUED THAT IN QUOTING HEALTH INSURANCE YOU NEED TO EVALUATE PAST EXPERIE14CE AND HE WAS UNABLE TO OBTAIN ANY PAST RATE HISTORY. HE ALSO STATED THAT HE HAD ASKED TO BE SUPPLIED WITH A COPY OF THE_BOARD'S PRESENT POLICY AND BENEFITS BUT WAS INFORMED THAT HE COULD NOT HAVE THIS AS IT WOULD BE UNFAIR COMPETITION. CARL DAPPEN, INSURANCE AGENT, STATED THAT HE FELT THE SPECIFICA- TIONS WERE EXCELLENT AND WAS GLAD THEY WERE SO CONCISE AND SPECIFIC. GENE WADDELL, INSURANCE AGENT, INFORMED THE BOARD THAT HE DID NOT FEEL THE COMPLAINTS WERE ABOUT THE SPECIFICATIONS BUT IN REGARD TO THE LENGTHY AND INVOLVED INSTRUCTIONS TO BIDDERS, WHICH HE FELT DISCOURAGED j COMPANIES FROM BIDDING. THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS, I" ACCORDANCE 1,1117HTHE '111OTICE mb THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED A71D READ: YEARLY PREMIUM BLUE CROSS - BLUE SHIELD 70,518.92 ARDEN INSURANCE AGENCY (1SSACHUSETTS AUTUAL) PLAN ONE 114,146.88 PLAN Two 126,504.40 CARL DAPPEN, AGENT (PRUDENTIAL) 102,627.60 ED SCHLITT AGENCY (;1SSACHUSETTS MUTUAL) 115,816.56 'L1 -10110N BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED TO THE PER- SONNEL DEPARTMENT OF THE ADMINISTRATORS OFFICE FOR EVALUATION. 31 MAY 1977 ra- 4ti. ROBERT MACWILLIAM, VICE PRESIDENT OF FIRST CITRUS BANK OF INDIAN RIVER COUNTY, APPEARED, STATING THAT THEY WERE PLEASED TO WORK WITH THE BOARD FOR THE BETTERMENT OF THE COUNTY, AND DELIVERED TO THE CHAIRMAN CERTIFIED CHECK IN THE AMOUNT OF $600,000 FUNDS FOR LANDFILL PURCHASE AND DEVELOPMENT) IN EXCHANGE FOR REVENUE AND GENERAL OBLIGATION NOTE No..1 >I-N. THE AMOUNT OF $600,000 SIGNED BY THE CHAIRMAN AND THE CLERK. THE CHAIRMAN EXPRESSED THE BOARDS GRATITUDE TO THE BANK FOR THEIR COOPERATION. COPY OF THE NOTE AND LEGAL OPINION OF FREEMAN, RICHARDSON, WATSON, $LADE, MCCARTHY & KELLY ARE HEREBY MADE A PART OF THE MINUTES. JUDSON FREEMAN 1200 BARNETT BANK RU WIND RAY W. RICHARDSON. JR. JACKSONVILLE, FLORIDA 32202 THOMAS B.SLADE.in EDWARD McCARTNY JR. (004)353-1264 JOHN F. KELLY DANIEL U. LIVERMORE.JR. DOUGLAS J.MILNE May 4, 1977 A.ORAHAM ALLEN JJ^SON FREEMAN,JR. ^')BERT 0. FREEMAN ' FRANK L.WATSON OF COUNSEL Chairman and Clerk a Board of County Commissioners Indian River County, Florida Dear Sir and Madam: As Bond Counsel to Indian River County, Florida, we have examined certified copies of the proceedings and other documents of the Board of County Commissioners of Indian River County, Florida (hereinafter called "County") relating to.the issuance and sale of a $600,000 INDIAN RIVER COUNTY, FLORIDA REVENUE AND GENERAL OBLIGATION NOTE Dated May 4, 1977 Said Note is a bearer Note, numbered 1, reg- istrable as to principal and interest, bear- ing interest, payable at maturity, at the rate of four and sixty-five hundredths per centum (4.65'x) per annum, and maturing on May 1, 1978. Part of an authorized issue of Notes in the aggregate principal amount of not exceeding $850,000. Said Note is redeemable prior to maturity in the manner provided in said Note. We have examined said Note as executed. The Note is issued pursuant to the Constitution and Statutes of the State of Florida, particularly Section 125.01, Florida Statutes, Chapter 159, Part I,,Florida Statutes, and other applicable provisions of law, and a resolution of the County duly adopted on May 4, 1977, to advance the cost of solid waste disposal system improvements (the "project"). In our opinion, said Note is a valid and legally binding general obligation of the County, payable from.the revenues derived by the County from the operation of the project and, to the extent said revenues are insufficient therefor, the County is.authorized and required by law to levy on all real property taxable.by the County for the fiscal year 1977-78 such ad valorem taxes, at an annual rate not to exceed ten (10) mills on the dollar of assessed value, as may be necessary to pay said Note and the interest thereon. We are further of the opinion that the interest on said Note is exempt from Federal income taxes under existing statutes and court decisinr--. 197 Respectfully submitted, 9 ?A No. 1 $600,000 UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF INDIAN RIVER REVENUE AND GENERAL OBLIGATION NOTE KNOW ALL MEN BY THESE PRESENTS, that Indian River County, Florida (hereinafter referred to as "County"), for value received, • herebypromises to s a o p pay t the bearer, or if this Nate be registered, to the registered holder as herein provided, on May 1, 1978, the principal sum of Six Hundred Thousand Dollars ($600,000), with i= interest thereon at the rate of four and sixty-five hundredths per centum (4.65%) per annum, payable at the maturity hereof, upon presentation and surrender of this Note. Both principal of and interest on this Note are payable in lawful money of the United States of America at First Citrus Bank.of Indian River County, Vero Beach, Florida. For the prompt payment of the principal of and interest on this Note as the same shall become due, the revenues of the project (hereinafter referred to), and, if necessary, the ad valorem taxing power of the County for the fiscal year 1977-78 at an annual rate not to exceed ten (10) mills on the dollar of assessed value, are hereby irrevocably pledged. This -Note is one of an authorized issue of notes in the aggregate principal amount of $850,000 of like date, tenor and effect, except as to date of issue, number and denomination, issued to advance funds to finance the cost of solid waste disposal system improvements including acquisition of land and equipment therefor (herein called the "project"), under the authority of and in full compliance with,the Constitution and Statutes of the State of Florida, including Section 125.01, Florida Statutes, Chapter 159, Part I, Florida Statutes, and other applicable provisions of law, and pursuant to a resolution of the County duly adopted on the 4th day of May, 1977 (hereinafter called "Resolution"). This Note is subject to all the terms and conditions of said Resolution. Xt is certified and recited that all acts, conditions and things required to happen, to exist and to be performed, precedent to and'in the issuance of this Note, have happened, exist, and have been performed in due time, form and manner as iequired.by the Constitution and Laws of the State of Florida, applicable thereto; that the total indebtedness of said County, including the issue of Notes of which this Note is one, does not exceed any constitu- tional, statutory, or other limitation; and that, to the extent A the revenues of the project are insufficient therefor, provision has been made for the levy and collection of a direct annual tax for the fiscal year 1977-78, at.an annual rate not to exceed ten (10) mills on the dollar of assessed value, upon all property subject to taxation by the County, sufficient to pay the principal of and interest on this Note as the same shall become due, which tax shall be levied and collected at the same time and in the same manner as other ad valorem taxes of the -County -are assessed, levied and collected. This Note is redeemable, at the, option of the County, on any date prior to its stated date of maturity, at the price of par and accrued interest to the date of such redemption; provided that written notice of such redemption shall be given to the original purchaser of this Note at least two (2) weeks prior•to such redemption. This Note is and has all the qualities of a negotiable instrument under the law merchant and the laws of the State of Florida. This Note may be registered as to both principal and interest in accordance with the provisions endorsed hereon. IN WITNESS WHEREOF, Indian River County, Florida, has issued this Note and has caused the same to be signed by the Chairman of the Board of County Commissioners and the corporate seal of said County or a facsimile thereof to be affixed hereto or impressed, imprinted, lithographed or reproduced hereon and attested and countersigned by the Clerk of the Board, all as of the 4th day of May, 1977. -2- Lu x.r. INDIAN RIVER COUNTY, FLORIDA (SEAL) BY: /%GlGdw► C .- i� Chairman, Board o County b ATTESTED AND COUNTERSIGNED: Commissioners i Clerk, Board of C_ojlnty * 9 Commissioners PROVISION FOR REGISTRATION This Note may be registered as to both principal and interest in the name of the holder on the books to be kept by the Clerk of the Board of County Commissioners as Registrar, such registration being noted hereon by such Registrar in the registration blank below, after which no transfer shall be valid unless made by written assignment on said books by the registered holder or attorney duly authorized and similarly noted in the registration blank below, but it may be discharged from registration by being transferred 'to bearer, after which it shall be transferable by delivery, but it may be again registered as before. DATE OF IN WHOSE NAME SIGNATURE OF Clerk ATTORNEY COLLINS-INFORMED THE BOARD THAT HE NEEDS AUTHORITY TO CLOSE ON THE PURCHASE OF THE PROPERTY FOR THE LANDFILL TOMMOROW AND APPROVAL OF THE CLOSING STATEMENTS, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO CLOSEONTHE PURCHASE OF THE LANDFILL PROPERTY AND APPROVED T OS - HE CLOSING STATEMENTS AS FOLLOWS. a RECORDED DEEDS FROM HOWARD AND .AUGUSTA RINKER AND HERBERT'RHALEN. ,JR. ARE ALSO HEREBY MADE A PART OF THE MINUTES. i MAY 4 19 7'1 37 BURCH, COLLIK BROWN VAP! BE VOORDE S BURCH, COLLINS, BROWN VAN DE VOORDE As— .t L—_ P.O. Box 3686, Station 1 .te—"..a Lo i P.O. Box 3686, Station I VERO BEACH, FLORIDA 32960 VERO BEACH, FLORIDA $2960 Closing Statement. Moa 5 19—U Closing Statement Flays 5 1917 1 r -It --n - _HCtsxTaLd and Aaufita Rinker, YL wife Sallen- Hownd and bSua :a Rinker. YI1S wife Buyer. Trxlian R, iurPr ryri, ,; ;i yet Bu : Indian River Ccu= Property Address: i , Property Address: County Indian River City VeeX0 Beach County TnAian River City Vern Beadh iLegal Description: - , Legal Description, Tracts 9 and 10, Section 25, Tbemship Tractst9 and. 10, Section 25, Tavnship ' - 33 South, Range 38 East, Indian River 33 South, Range 38 East, Indian River County, Florida. County, Florida. I SELLER'S COPY DUE SELLER CREDIT BUYER BUYER'S COPY A B DUE SELLER CREDIT BUYER - 1. SELLING PRICE xxxxox xxx a. PURCHASE PRICE 173.800 00 1 xxxxxxx xxx a2. DOWN PAYMENT xxxxxxx xxx 1,000 00 *b. DOWN PAYMENT xxxxxxx xxx 1 000 00 3. MORTGAGES: .. - assumed by Buyer xxxxxxx xxx c. MORTGAGES: .. - Assumed by Buyer xxxxxxx xxx . b.- Executed by Buyer xxxxxxx xxx • - - b - Executed by Buyer xxxxxxx xxx 4. RENTS, pro rated d. RENTS,pro-rated S. INTEREST, pro rated e. INTEREST,pro-rated xxxxxxx xxx 6.. INSURANCE: Fire Unearned - . . f. INSURANCE: Fire xxztoxxx o�c - Premium U�rearran) Premium Other Unearned xxxxxxx xxx Other xxxxxmc xxx ' Unearned Premium 7. TAXES: - Prem um g. TAXES: . - Based on �.y�y crea to Seger, or It - Bated on $Lye credit to Buyer, b • Beed on:jgs�ays credit to Selier, or b - Based oneratz to Buyer 8.19 City Taxes a b credit h. 19 City Taxes I a b 9. 19---7-7—County Taxes a I b 391179 i. 19 77 County Taxes a b 391 79 10.19 Personal Taxes q b j. 19 Personal Taxes a b 11 • k. 12. 1. 13. M. TOTALS TOTALS 14. Column "A" less Column "B" xxxxxxx I xxx n. Column "A" less Column "B" 193911,79 xxxxxxx xxx j 4BALANCE DUE SELLER 9408121xxxxxxx I xxx *t BALANCE DUE SELLER xxxxxxx I xxx SELLER'S EXPENSES OF SALE CHARGE SELLER BUYER'S EXPENSES. OF SALE CHARGE BUYER 15.Abstracting Chargesone Half 106 o. Abstractin Charges 16. Attorneyfee P. Attorney Fees 2 000 00 r 17. Brokers Commission 17,380 00 q. Escrow Fees 18. Escrow Fees r. Florida Revenue Stams, on Note i - 19.Florida Documentary Surtax Stamps on Deed 191 40 s. Intangible Taxon Mortgage 20. Florida Revenue Stamps, on Deed 521140 t. Recording Deed fi QQ - 21.Intangible Tax on Mortgage u. Recording Mortgage 22. Recording Mortgage v. Survey Charges 23. Survey Chargesw. Mortgage Transfer Fee - , 24. Mortgage Transfer Fee x• Title e One Half 720100 25. Y• a26. TOTAL EXPENSES TO SELLER$ ez• TOTAL EXPENSES TO BUYER $ 2,726100 SUMMARY: SUMMARY: DOWN PAYMENT s(2) Pad sem $ 1.000.00 (plus) BALANCE BALANCE DUE SELLER (*f) $ 172,408.21 DUE SELLER •(t) $ 172.408.21 (plus) BUYER'S EXPENSES (sz) $ 2,726.00 SUB TOTAL $ 173 408.21 ' (less) SELLER'S EXPENSES s(26) f3 NET CASH DUE FROM BUYER $ $ 1 199 67 NET CASH TO SELLER $B, 54 111 Taxes and Insurance pro -rated as of - Mas 5+ 19-27- taxes: Taxes and Insurance pro -rated as of - Mev 5 19 77 toxo based on year 19-76, in the amount of $ 1 144 _ 02 based on year 19-7fi, in the amount of $ 1,144..02 Abstract delivered to Abstract delivered to Insurance Policies delivered to- _ Insurance Policies delivered to ' Note, with ca"--"_-' SI -nips, to Note, with cancelled stamps, to "Ret sue copy of above, check for Net Cash to Seller, and "Received a true copy f above and heP y approve same and certify' .a ay approve above and certify it red. if carred" HoVkm-d Pinker ,apo vi- f Mn of the State of Florida _ I _a. � I � � r :^ J8 Y 419/1' AAAA _ XU�� 4 At■ a j Printed for Lawyers' Title Guaranty Fund, Orlando, Florida This instrument was prepared by: p .r• r, GEORGE ,_ rnr.r.r>Lc :TR. t 13 a BUAtH, COLLINS, BROWS & YA!(DEVODIZDk D (STATUTORY FORM—SEMON 689.02 F.S. rear ctrr�, ts.,X 3686 ) VENO ULl ' FLOiitDA 32960 ����8 �lldrtltllPP, Made This '+ day of 19 77, j9dUtrrtt HOWARD RINKER and AUGUSTA RINKER, his wife of the County of Brevard a ,State of Florida , grantor*, and 1 INDIAN RIVER COUNTY ae political subdivision of the State Of Florida. i whose post office address is of the County of Indian River , State of Florida* grantee , - J MthWBM4. That said grantor, for and in consideration of the sum of ---------------------------------- and other good and valuable considerations to said grantor in hand id b ; _---- Q10. 00) ---- Dollars, acknowledged, has granted, bargained and sold to the said grantee, and y grantee, t receipt whereof is hereby described land, situate, lying and being in 9 grantees heirs and assigns forever, the following Indian River County, Florida, to -wit - Tracts 9 and 10, Section 25, Township 33 South,. 1 Range 38 East, according to the last general ! Plat of lands of Indian River Farms Company, filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, page 25, Public Records of St. Lucie County, Florida, said land now lying and being in Indian River County, Florida. and said grantor does hereby fully warrant the title to said land, and will defend the some against the lawful claims of all persons whomsoever. * "Grantor" an " d " grantee are used for singular or plural, as context requires. • .�tt �iYnrss 0rrrnf . Grantor has hereunto set grantor's hand and seal the day and year first above written. Signed, sealed and delered in our presence: ''••� Howard Rinker, ---)(Seal) c Augu t Rinker (Seal) (Seal} � - riATC 3F FLORIDA (Seal) COUNTY OF BR•EVpgD 1 HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared HOW i ARD RINKER and AUGUSTA RINKER, his wife to me known to be the person Sciescribed in and who executed the f %ey executed the some. oregang instrument and acknowledged before me that WITNESS my hand and official seal in the County and State last aforesaid this %� ` _ 19 77.. day o f z � My commission expires: MAIV P= STATE 9 t1I1RIDA AT tAREE i Notary. 'Public n COMMISSION MIRES MAY 19, IM State of Florida at Large ' Bon VZ4 G.MM as. UNIMUM= . OFFICA^L KECORD 60QX 5'2 Phi, . '40 •- is • 3� MAY 4 9 r - ' BURP, 101LIHS, BROWH S VAH DE VOORDE BUROL (OLLINSs BROWN & VAN BE VOORDE ''•-"^. -' . _ 1 I+.O. 1to:c .t t'N•I�• 5tniltsts x P.O. Bos 3686, Station 1 Box 3686,Station,r - vxno III-ACiI FLORIDA 32960 r + VERO BEACH, FLORIDA 32960 / i Closing Statement1�t_ a�_� 191. Closing Stnto"at _ May -9; 1911 1 ' S`n°°-Iier3��-t-F'-LOh_�� P» 7r Sege: Herberi- F r Buyer, Tndi an River [Vain• ev Buyer: Indian River County ' property Address: Property Address, county Indian River city Vero B a Cour Tric3 i sr n R ' county 1.'(TP� Gb- [y-• o'.'..�-.RPFtCil .h i legal Descripfions Legal Description: % - Tract 11 & Tracts 12, 13 & 14, lying E Tract 11 & Tracts 12, 13 & 141 lying E of I-95 right-of-way, of 1-95 right--of-way, as more particu- larly described in Warranty nty Deed y Deed. 1 r ; BUYER'S COPY DUE SELLER CREDIT E Y' s SELLER'S COPY A B DUE SELLER CREDIT BUYER 1. SELLING PRICE xxx a. PURCHASE PRICE 238 650 00 xxxxxxx j s2. DOWN PAYMENT xxxxxxx xxz1 1.000100 ; +b. DOWN PAYMENT ixxxxxx xxx 1,000 7-, ' 3. MORTGAGES: a. - As,,nned by sayer xxxxxxx xxx t 4 MORTGAGES: a - A+wmed by Buyer xxxxxxx xxx Is. - Executedby layer XXKX)= , - Is - &ecuted by. Buyer x%axxxx xxX 4. RENTS, pro rated d. RENTS, pro -rated 5. INTEREST, pro rated e. INTEREST,pro-rated 6. INSURANCE: Fire XXX)„„o, xxx f. INSURANCE: Fire - Unearned Premium unearned xxzxxxz Premium Other xxxxxxx xxx Other -max Unearned Premium Unearned Peen: um . 7. TAXES: g. TAXES. ' a • Based on•r�f ays ova to Seger, or b •Based on •'-�ays cred'd to Buyer ' o .Based on ,d a credit to Seger, or 1 6 - Based on- ayyss tree's to Buyer 8. 19 City Taxes a b h. 19 City Taxes • p b 9. 19---77- County Taxes a b 720 63 i. 19__77 . County Taxes o b 10.19 Personal Taxes a b _ 1. 19 Personal Taxes a I, I 11. k. ' 12. 1. 13. M. _ TOTALS TOTALS _ 14. Column "A" less Column "B" xxxxxxx xxx , n. Column "A" Fess Column "B" 2 - - *tBALANCE DUE SELLER -7- XXXXXXX _ xxxxxxx xxx «7 BALANCE DUE SELLER SELLER'S EXPENSES OF SALE CHARGE SELLER Xxxxxxx BUYER'S EXPENSES OF SALE 15. Abstrocting Charges 16. AttorneyFee CHARGE E'^' i o. Abstracting - �• Charges ` 17. Brokers Commission 21,865 Attorney Fees ! P- 2,000 18. Escrow Fees + R- Escrow Fees ; - 19. Florida Documentary Surtax Stamps on Deed 262 90 i r. Florida Revenue Stamps, on Note 20. Florida Revenue Stomps, on Deed 716 1w s. Intangible Tax on Mortgage _ 21. Intangible Tax on Mortgage i t. Recording'Deed 0 22. Recording Mortgage U. Recordin Mortgage 23. Survey Charges -i._v._Survey Charges 24.Mortgage Transfer Fee i W. Mortgage Transfer Fee 25. T 720 GC x26. TOTAL EXPENSES TO SELLER $ Y. SUMMARY: *z• TOTAL EXPENSES TO BUYER g 7 ;• - DOWN PAYMENT s(2) Pa sen $ 1,000-00 SUMMARY: - (plus) BALANCE DUE SELLER •(t) $ BALANCE DUE SELLER (*f) tq9c) SUB TOTAL $ 236_q (plus) BUYER'S EXPENSES (+z) $ 2.72E (less) SELLER'S EXPENSES r(26) $ 24 9S0_RR NET •r NET CASH DUE FROM BUYER CASH TO SELLER $ --5 Taxes and Insurance pro-rMrc! as of 5 1917- taxes based on yen- ry6in the amount of $-- 2,104.30 Taxes and Insurance pro•roted as of-�T_V 5 19�ZZ, t: I1hr!, ,ter .+:",vered to ! based on year 19-K, in the amount of $ 2� 1Q4 30 I:.,urance Policies delivered to ' Abstract delivered to Note, with cancelled stamps, to Insurance Policies delivered to "Received a true c py of above, check for Net Cash to Seller, and _ Nate, with cancelled stamps, to d hereby approv ave and ertifiA it torr "Received a true copy of above and hereby approvo some and u r Herbert 'it correct." E. Whalen, Jr. xn * ir.,n )aver C011nty, a 1,01i:tic�11 5u1x1 i011_Of t:I1e :il::.ltc- Of Mori (11 .. • .. .. r�jj ' q. - � erg `�.:y,��... Al 41977 x .MAY 18154 Printed for Lawyers' Title Guaranty Fund, Orlando, Florida This instrument was prepared by: j i GEORGE G.. COLLINS, JR. Ma 1 a- L.., !7r/fr- or �� � V Deed. BORN, COost Zlffice Ro tr3YA3GN0EY00RDE (STATUTORY FORM—SECTION 689.02 F.S.) VF.Ro BEACH, FLORIDA 32960 ; • �O O b 014ilii Atbruturr, Made this 13th day of . April 19 77, lortwern - t HERBERT E. WHALEN, JR., a single adult of the C"�-nty of Montgomery State of t Ohio , grantor*, and INDIAN RIVER COUNTY, a political subdivision of the State of Florida whose post office address is - of the County of Indian River , State of Florida , grantee'; i MMPSWA4. That said grantor, for and in consideration of the sum of ---------------------------- TAND N(�/1�0---------.•-------------- -- -- -- - +cg O�t�e Dollars, '051 other goo on valuable considerations to said grantor in hand paid by said -grantee th� r ifit reof iiss-hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee's heirs and assigns, forever, the following described land, situate, lying and being in Indian River County, Florida, to -wit - Tract 11 and Tracts 12, 13 and 14 lying East of I-95 right-of-way, Section 25, Township 33 South, Range 38 East, according to last general plat of lands of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, page 25, Public Records of Indian River County, Florida, said land now lying and being in Indian River County, Florida. and said grantor does hereby fully warrant the title to said land, and will defend the some against the lawful claims of all - _ persons whomsoever. ' * "Grantor" and "grantee" are used for singular or plural, as context requires �, P kl A L r _Nn WitnP88 10berraf. Grantor has hereunto set grantors hand and seal the day and year first abo ftgned,and deliver ' our presence: Herbert E. Whalen,•Jr. - C .Cry ;. 6 (Sean • STATE or COUNTY OF W TGONIERY I.HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared b HERBERT E. WHALEN, JR., a single adult to me known to be the person described in and vll o executed the foregoing instrument and acknowledged before me that he executed the some. 7a I WITNESS my hand and official seal in the County -and Stale I aforesaid this 3 day of April 19 77. • My commission expires: March 2, 1081 Notary Public r Said State and County James R. Rose, Notary Public +^_ In and For Montgomery County, Ohio My Commission Es�pires March 2 1981 i OFFICIAL. RECORD Qooa 552 act '144 Yi� lux 4 CHAIRMAN WODTKE LEFT THE MEETING AT 10:10 A.M. TO WELCOME MEMBERS OF THE INTERNATIONAL MUNICIPAL SIGNAL ASSOCIATION AT HOLIDAY INN WEST. VICE CHAIRMAN LOY TOOK OVER THE MEETING IN HIS' ABSENCE. DISCUSSION ENSUED IN REGARD TO A MUTUAL AID PACT WITH THE J COUNTIES IN THE C-2 DISTRICT OF THE CENTRAL FLORIDA CIVIL DEFENSE AREA WHICH CIVIL DEFENSE DIRECTOR LEE R UZIE REQUESTED THAT THE COUNTY ENDORSE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, COMMISSIONER SCHMUCKER AND VICE CHAIRMAN Loy VOTED IN FAVOR, THE BOARD AUTHORIZED THE CHAIRMAN TO SIGN THE MUTUAL AID AGREEMENT AS DE- SCRIBED ABOVE. MUTUAL AID PACT BLTVIEEN THE SEVERAL COUNTIES AND/OR MUNICIPALITIES IN THE C-? DISTRICT OF THE CEUTRAL FLORIDA CIVIL DEFENSE AREA. WHEREAS, Public Law 93--288, known as the Disaster Relief Act of iS7A_and its amendments, and Florida State Law 252, the State Disaster Preparedness Act of 1974, fixes federal, state and local government responsibilities for Civil Defense, and 9 WHEREAS, we, the participants in this agreement do recognize that there are many emergency situations possible in which our local resources alone may not always be adequate to maintain life and pro- perty losses at minimal levels, and WHEREAS, we further recognize that, jointly and severally, there are enough resources located within the several counties and/or -mun- icipalities named herein to cope with any disaster possible, save possibly a nuclear war, -and even in that dire event, to enhance our chances of survival. We the undersigned, as the duly elected and appointed officials of the nnlitir4l Jurisdictions named herein, do heraby and herewith agree to the following concepts and conditions which may cause one or more of us to call for mutual aid, and may cause one or more of us to lend such aid, do herein agree that: 1. Upon request of the•duly constituted authority (ies) of any one or more of -,the several partners to this agreement, the agency re- ceiving such request for assistance will proceed by the most expeditious means possible to render the necessary assistance, with these exceptions: that by rendering such aid, the agency rendering such assistance does not so tax their own resources they could not adequately respond to emergency situations within their own political boundaries, and} provided there are no other provisions of thys pact violated. 2. Such assistance provided herein will be done at the expense of. the assisting agency, except that: whenever a disaster area.is declared by the President of the United States and/or the Governor of the State I. of Florida, and the area thus made eligible for relief funds, the MAY 4 1977 MAY 4 I req"esting agency will than be rc!;*ponr,!.!Ac r --f- the assisting agency for all expenses incurred. The record kocpinfo.- such reimbursements shall be a joint responsibility of the two or worol.agencito involved. 3. Those authorized to request, and upon request, to render such assistance will normally be the duly constituted heads of the local governments concerned, except that; this shall not prevent department heads of individual services (such*as fire and police) from rendering emergency assistance, when requested by like agencies of other political subdivisions, when in the best judgement of the agencies involved such assistance is determined to be (1) needed, and (2) not overly tax; -ng to the departments and their operational budgets. Where excess expenses and/or manpower requirements are involved, department heads must obtain authorization for such assistance from the constituted governing body concerned. AGREED.this day of 19 Ora-,/- brevard cuuaLy, Chajrfcian Of thc 4 -rm " An , nf J-b,� Board of County Commissioners BoaTd of County Commissioners 71/oc a.. Indian River County, Chairman of Sem * inole County, Chairman of the the Board of County Commissioners Board of County Commissioners Osceola County, Chairman of the Board of County Commissioners Volusia County, Chairman of the County Council ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, COMMISSIONER SIEBERT AND VICE-CHAIRMAN Loy VOTED IN FAVOR, Ttc'4nA;ZD ADOPTED RESOLUTION No. 77-41 HONORING DR. HENRY FISCHER FOR HIS SERVICE ON THE ZONING COMMISSION. a BOARD OF COUNTY COMMISSIONERS .OF INDIAN RIVER COUNTY.) FLORIDA RESOLUTION NO. 77- 41 WHEREAS, DR. HENRY A. FISCHER was appointed to the Indian River County Zoning Commission on December 19, 197*3; and WHEREAS, DR. HENRY A. FISCHER, while serving as a member of the.Zonihg Commission was extremely instrumental in preparing the Comprehensive Land Use Plan for Indian River County which was adopted by' the County Commissioners .on May 29, 1975; and .WHEREAS, Indian River County has received the resignation of DR. HENRY A. FISCHER and.has accepted said resignation; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the board hereby accepts the resignation of DR. HENRY A. FISCHER as a Member of the Indian River County Zoning Commission effective April 20, 1977; and BE IT FURTHER RESOLVED that the Board extends its appreciation to DR. HENRY A. FISCHER for the fine service and contribution that DR. FISCHER has made to the orderly development of Indian'River'County while serving . as a Member of the Indian River County Zoning Commission. MAY 41977 Chairman,County CoWssioners n 0 n n n n n n A A a6 k tc, C%A CM , n ").410 COMMISSIONER SIEBERT REQUESTED THAT AN EMERGENCY ITEM BE ADDED TO THE AGENDA IN REGARD TO AN APPLICATION TO' THE CORPS OF ENGINEERS TO PUT SOME RIPRAP ON JUNGLE TRAIL WHERE THE ROAD IS COLLAPSING INTO THE RIVER. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER,`COMMISSIONER SIEBERT AND VICE CHAIRMAN Loy VOTED IN FAVOR, THE I BOARD ADDED THE -ABOVE EMERGENCY ITEM TO TODAY'S AGENDA, COMMISSIONER SIEBERT INFORMED THE BOARD THAT HUGH CORRIGAN, III, HAS GOTTEN PERMISSION .FOR AN EMERGENCY APPLICATION TO THE CORPS OF EN - TO ALLOW HIM TO PUT IN APPROXIMATELY 220' OF ROCK RIPRAP ON THE RIVERSIDE OF .JUNGLE TRAIL WHERE TREES ARE ALREADY FALLING IN THE RIVER, WAKE FROM BOATS HAS CAUSED THE RIVERBANK TO WASH AWAY. MR. CORRIGAN WILL DO THIS AT HIS OWN EXPENSE, BUT THE CORPS HAS INFORMED HIM THAT THEY NEED THE CONCURRENCE OF THE BOARD THAT THIS IS AN EMERGENCY. COM- MISSIONER SIEBERT SUGGESTED THAT IT WOULD BE WISE TO DECLARE ALL JUNGLE TRAIL AN EMERGENCY AREA. ADMINISTRATOR .JENNINGS CONCURRED, NOTING THAT THE COUNTY HAS NEVER BEEN ABLE TO GET A PERMIT TO DO THIS WORK:'IT EITHER HAD TO BE DONE BY INDIVIDUAL PERMITS TO PROPERTY OWNERS OR BY A PLAN SENT DOWN FROM TALLAHASSEE WHICH WOULD HAVE BEEN A MILLION DOLLAR PROJECT THAT WE COULD NOT AFFORD TO CARRY OUT, HE INFORMED THE BOARD THAT THE CORPS OF EN- GINEERS IS NOT THE PROBLEM HERE, BUT THE DEPARTMENT OF NATURAL RESOURCES, AND HE FELT IF SJR. CORRIGAN IS SUCCESSFUL WITH HIS ACTION, IT WOULD ,BE HELPFUL. DISCUSSION FOLLOWED IN REGARD TO DECLARING THE ENTIRE LENGTH OF JUNGLE TRIAL AN EMERGENCY AREA. CHAIRMAN WODTKE RETURNED TO THE MEETING AT 10:40 A.M. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY.COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 77-45, SUBJECT TO APPROVAL OF THE ATTORNEY, DESIGNATING THE ENTIRE WESTERLY LENGTH OF JUNGLE TRAIL LYING SOUTH OF STATE ROAD 510 AS BEING IN A.STATE OF EMERGENCY AND FURTHER AUTHORIZED THE CHAIRMAN TO WRITE A LETTER TO THE CORPS OF ENGINEERS GIVING THE ^C'TJ.TY'S CONCURRENCE WITH THE ISSUANCE of A. PERMIT TO HUGH i3ORRIGAN, III, FOR THE INSTALLATION OF APPROXIMATELY 220' OF ROCK RIPRAP ON .JUNGLE TRAIL. 47 1 ou0� } a 4977 a RESOLUTION NO. 77— 45 i WHEREAS, the roadway south of State Road 510 and perpendicular to 510 running south along the East bank Of +-;sb Indian River is regarded by the citizens of Indian River County as one of the most scenic drives in the State of Florida; and _ j s WHEREAS, The Board of County Commissioners of : Indian River County, Florida recently filed a maintenance plat on said Jungle Trail, having maintained it for over i forty (40) years; and WHEREAS, said Jungle Trail has become badly eroded i by the waves caused by boats running north and south in the Intercoastal Waterway; and WHEREAS, along Jungle Trail some of the scenic pines and palms are beginning to fall into the river creating an emergency situation along Jungle Trail; and WHEREAS, The Board of County Commissioners of Indian River County are anxious to seek the help 'of'the various State and Federal Agencies in preserving Jungle Trail as one of the most scenic drives in the State of Florida; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Jungle Trail between State Road 510 and the Old Winter Beach Road is hereby declared to be in an emergency state of dis- repair, caused by erosion; and BE IT FURTHER RESOLVED, that the help from various State and Federal Agencies is requested by the Board to preserve Jungle Trail as one of the most scenic drives within the State of Florida. MY 4 1977 This Resolution shall become effective as of the 4rh day of May , 197_ BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ". BY: / William C. Wodtke, Jr.,*Chatrman Attest: Freda Wright, Clerk - ADMINISTRATOR .JENNINGS DISCUSSED WITH THE BOARD THE SUMMER RECREATION PROGRAM IN WHICH THE SCHOOL BOARD HAS AGAIN REQUESTED WE PARTICIPATE. COMMISSIONER Loy STATED THAT WE HAVE PARTICIPATED IN THIS PRO- GRAM FOR AT LEAST THREE YEARS, AND EACH YEAR THE SCHOOL BOARD MAKES A FORMAL REQUEST FOR OUR 50% PARTICIPATION WHEN THEY KNOW THE EXACT COSTS, ETC. SHE NOTED THIS HAS BEEN A VERY SUCCESSFUL PROGRAM, AND SHE FEELS IT IS VERY WORTHWILE. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED REQUEST FROM SUPERINTENDENT NMCCLURE TO PARTICIPATE IN THE 1977 SUMMER RECREATION PROGRAM AS OUTLINED IN MEMO- RANDUM OF KENNETH EVITT DATED APRIL 26TH TO SUPERINTENDENT 'ICCLURE: IN AN AMOUNT NOT TO EXCEED SD% OF $25,000. SAID MEMORANDUM IS HEREBY MADE A PART OF THE MINUTES$ SCHOOL DISTRICT OF INDIAN RIVER COUNTY SCHOOL BOARD = ' THOMAS R. JONES 142619th Street - P. O. Box 2648 . Vero Beach, Florida 32960 Chairman - ;=. Telephone (305) 567 - 7165 DOROTHY A. TALBERT Vice -Chairman WILLIAM H. McCLURE, Superintendent RUTH R. BARNES RICHARD A. BOLINGER April 26, 1977 .O£ N. IDLETTE, JR. is TO: William H. McClure, Superintendent FROM: Kenneth R. Evitt, Adm. Ass't. for Educational Services SUBJECT: Summer Recreation Program - Summer of 1977 Dates: Jurie 17, 1977 through July 29, 1977 6 v:^eks - 30 working days The Summer Recreation Program operated by the Indian River County School System has been highly successful. The participation and activities have increased greatly. In my opinion, this program is so successful that if • i funds -are available, this Recreation Program should be considered for.the summer of 1977. Of course, this Summer Recreation Program is separate swam •whe ,uimatl r' aco6i:nit\. alld .Iucation Programs. • If this plan for the Summer Recreation Program is accepted, we will have a center at Vero Beach Senior High School, Middle School 7, Douglas Elementary, and the north county area. Middle School 7 8 Instructors, . Douglas Elementary School - 2 'Instructors North County Recreation Area - 3 Instructors Vero Reach Senior High School - 1 Instructors 14 Instructors 49 M01 41977tj I The average daily attendance for our Surmmer•Program in 1916 was in excess of �0no. The number of youngsters enrolled at each center was as follows: f _ . Fuddle 7 819 -Fellsmere 68 Wabasso 60 - Sebastian 128 Douglas 180 Vero Beach Sr. High School 145 --- PROPOSED BUDGET SALARIES (Including fringe beneifts) TRANSPORTATION $22,000.00 SUPPLIES AND EQUIP14ENT 23,000.00 '1,000.00 TOTAL �'-- $25,000.00 ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THE DOT WISHES THE RESOLUTION WHEREBY THE COUNTY AGREES TO OVERSIZE THE DRAINAGE LYING BETWEEN U.S. HIGHWAY 1 AND THE INDIAN RIVER TO INCLUDE A STATEMENT THAT THIS WILL BE PAID FOR OUT OF SECONDARY ROAD FUNDS. THIS MATTER WAS PREVIOUSLY ADDRESSED IN RESOLUTIONS N0. 77-11 AND 77-31. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 77-46 AMENDING RESOLU— TIONS N0. 77-11 AND 77-31, 50 MAY 4 19 7 RESOLUTION No. 77- 46 (amending Resolutions No. 77-11 andNo. 77-31) WHEREAS, the Department of Transportation has requested of the BOARD OF COUNTY'COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that a Resolution be passed authorizing the oversizing of that drainage line lying between the Indian River and U. S. Highwayll paralleling 17th Street; and 6 WHEREAS, the engineering estimate for oversizing is THIRTY-TWO THOUSAND THREE HUNDRED SIXTY-NINE DOLLARS ($32,369.00); and WHEREAS, authority has been granted to Indian River County to use Secondary Road Funds to pay for the cost of oversizing said drainage line; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the Board of County Commissioners agrees to oversize that drainage line lying between the Indian River and U. S. Highway #1, paralleling 17th Street; which cost Of oversizing shall be approximately THIRTY-TWO THOUSAND THREE HUNDRED SIXTY-NINE DOLLARS ($32,369.00); and BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the Department of Transportation is authorized to proceed with the oversizing project as above -defined; and BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That Secondary Road Funds shall .be used to pay the costs of the oversizing of that drainage line lying between the Indian River and U. S. Highway #1, paralleling 17th Street. This Resolution shall become effective as of the 4th day of May 1977. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,. MLORIDA By (kWim Wi­1121atm hairman Attest: t Clerk ADMINISTRATOR .JENNINGS NEXT BROUGHT UP PAYMENTS TO BE MADE TO RALMAR ASSOCIATES, INC., AS PER STATEMENT SUBMITTED BY DEAN LUETHJE OF 2EINDnRF AND ASSOCIATES, INC., AS FOLLOWS: BEINDORF AND ASSOCIATES, Inc. • 3883 . 20TH STREET POST OFFICE BOX 849 JAMES L. BEINDORF. P. E. VERO BEACH. FLORIDA 32960 KENNETH W DAMEROW TELEPHON 962.7961 DEAN F. LUETHJE. P. E. 4 May 3, 1977 43 Q �y C" TO: Indian River County Commission c, �4JCJ s , FROM: Ralmar Associates, Incorporated 3003 Cardinal Drive Vero Beach, Florida RE:.. -----Pay Estimate No. 1 10" Water Main Crossing Florida East Coast Railroad 12" Water Main West of Florida East Coast Railroad Per your Agreement with Ralmar!Associates, Incorporated, we submit the following amounts due to Ralmar Associates, Incorporated, for payments made to Contractor, Onontario of Palm Beach, Inc., for the referenced work. 10" water main crossing under Florida East Coast Railroad - increased from 611 to 10" diameter. Total ' $2,660.00 Less 10% Retainage 266.00 Amount Due $2,394.00 12" water main west of Florida East Coast Railroad - 2,205 L.F. of water main from City of Vero Beach Water Plant heading north towards Gifford. Presently' connecting to 10" water main under Florida East Coast Railroad. Total (Estimated) $13,210.50 Less 10% Retainage _ 1,321.05 Amount Due $11,889.45 Total Amount Due Pay Estimate No. 1 $14,283.45 <' The.final amount when due 3s estimated to be $19587.05. r' Submitted by: Dean F. Luethje, .E. IM.E AWMINISTRATOR SUGGESTED THAT HE BE AUTHORIZED TO MAKE PAYMENT f0 RALMAR SO THEY WONT HAVE TO FRONT THE MONEY UNTIL THE NEXT MEETING. DISCUSSION FOLLOWED AS TO PAYING THIS OUT OF FEDERAL REVENUE SHARING FUNDS, BUT IT WAS FELT THIS WAS NOT FEASIBLE AND THAT THE FUNDS SHOULD BE TAKEN OUT OF CONTINGENCY FUNDS AND HOPEFULLY REPLACED IF WE ARE SUCCESSFUL WITH OBTAINING A PUBLIC WORKS GRANT. 52 ON MOTION BY COMMISSIONER Loy, -SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO PAY RALMAR ASSOCIATES, INC., AS PER AGREEMENT BETWEEN RALMAR AND THE COUNTY, AS THE BILLS COME DUE, SUBJECT TO PROPER APPROVAL FROM THE ENGINEER; AND AUTHORIZED THE MONIES FOR THIS PROJECT TO BE TAKEN FROM THE BOARD OF COUNTY COMMISSIONERS CONTINGENCY ACCOUNT AS PER THE FOLLOWING BUDGET AMENDMENT: ........ ..I.. ...-._. ACCOUNT TITLE ACCOUNT NUMBER IhLCREASE DECREASE URBAN REDEVELOPMENT 01-5346-203 $15,900. MATERIALS - CONSTRUCTION RESERVE FOR CONTINGENCY 01-9990-701 $15,9Q0 COMMISSIONER SIEBERT REQUESTED THAT AN EMERGENCY ITEM BE ADDED TO THE AGENDA IN REGARD TO DESIGNATING INDIAN RIVER COUNTY A REDEVELOPMENT AREA UNDER THE PUBLIC WORKS AND ECONOMIC DEVELOPMENT ACT OF 1965, ON MOTION BY COMMISSIONER Loy. SECONDED BY COMMISSIONER DEESON, THE"BOARD UNANIMOUSLY ADDED THE ABOVE EMERGENCY ITEM TO TODAY'S AGENDA AS REQUESTED BY COMMISSIONER SIEBERT. COMMISSIONER SIEBERT NOTED THAT ADOPTION OF THE RESOLUTION IN, THIS REGARD IS BASICALLY JUST A REAFFIRMATION OF THE COUNTY'S INTEREST IN RECEIVING THI,S GRANT MONEY. INTERGOVERNMENTAL COORDINATOR INFORMED THE BOARD THAT INDIAN RIVER COUNTY IS CONSIDERED CHRONIC IN OUR UNEMPLOYMENT RATE AND THIS WILL MAKE THE COUNTY ELIGIBLE FOR ANY LOAN OR GRANT IN WHICH THE ECoNomic DEVELOPMENT ADMINISTRATION IS INVOLVED. IHOTIGN WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, TO ADOPT RESOLUTION ASO. 77-47. THE CHAIRMAN ASKED FOR A ROLL CALL VOTE: AYES: OMMISSIONER DEESON OMMISSION,�ER SCHMUCKER ,HAI RMAN WODT E OMMISSIONER LOY - OMMISSIONER SIEBERT NAYES : 1,10NE `HE MOTION CARRIED UNANIMOUSLY. 61 MY 41977 i i i RESOLUTIONNO. 77,47 - A RESOLL7 (m RDQUESTING THE UNITED STATES DEPARTMENT CF COMMEFCE To DESIGNATE INDIAN RIVER COUNTY AS A RIDEVEMPNENT AREA UNDER TETE PUBLIC WORKS AMID EC=MC DEVELOPMENT ACT OF 1965. UMMS, Indian River County, Florida qualified as a re- k_ develoMlent area under the Public Works and Economf.c Development Act of 1965, as amended; and VMMS, Indian River County recognizes the high un- ' eapIOYment rate in Indian River County; and • s WHEREAS, Indian River County recognizes a need to conduct Public Works and other programs as provided for under the Public: Works and Economic Development Act of 1965, as amended; and f m . the Board of County Commissioners has examined and duly considered such Act and the Board of County Caannussioners considers it to be in the public interest and to its benefit to file a request � for designation as a Redevelognent. Area under said Act, and to authorize , other action in connection therewith. t NOW 'TBER[MM, BE IT RESOLVED BY THE BOARD OF COUNTY CMgS- SIGNERS OF INDIAN RIVER COUNTY, FI DRIDA, that the County requests that it be designated a Redevelopment Area under the provisions of the Public Works and Economic Development Act of 1965, as amended, and hereby expresses intent to take action necessary to develop an ac- ceptable OVERALL ECONOMIC DEVE[UPNEW PROGRAM for Indian River County ' and to implement the same to the extent it is approved by the Sec- retary of Commerce. This Resolution adopted, after motion, second and roll call mote as follows: COMMissiOrler. Willard W. Siebert, Jr.motioned and aye Ccmmissioner -Edwin S. Schmucker sanded and aye Commissioner Alma Lee Loy Cammissioner R, Don Deeson Coamdssioner William C, Wodtke" Jr, Dated: May 4, 1977 1977 BOARD OF COUN'T'Y CixMUSSIONERS OF INDIAN ee1/jj 4RIVER COUN'T'Y, f�(X By= � 1 lam / Williaan C. wod e, Jr., ATTEST: AedaW�right�,Lkl f C�=cuit Court as to form and legality: Georg G. 11 , Jr., Cour At MAY 4 1977 ATTORNEY COLLINS REVIEWED WITH THE BOARD THE TRIPARTITE AGREE- 3 MENT bETWEEM THE CITY OF VERO BEACH, INDIAN RIVER COUNTY AND VERO MALL, WHICH AGREEMENT HAS ALREADY BEEN EXECUTED BY BOTH THE CITY OF VERO BEACH AND VERO MALL. HE NOTED THAT THIS AGREEMENT AS DRAWN BY THE CITY ATTORNEY DECREASES THE COUNTY'S WATER ALLOCATION AN THEIR SEWER ALLOCATION BY 20,000 GALLONS PER DAY, ALSO UNDER THIS AGREEMENT, THE CITY WILL OWN THE SEWER LINE, WHICH ATTORNEY COLLINS UNDERSTOOD WILL RUN DOWN 6TH AVENUE. CITY MANAGER .JOHN LITTLE CONFIRMED THAT THE LINE WILL GO DOWN 6TH AVENUE AS THIS WAY IT WILL OPEN UP A GREATER SERVICE AREA. COMMISSIONER SIEBERT SAID HE BELIEVED IT WAS INTENDED THAT THE COUNTY SHOULD OWN THE SEWER LINE, LOOKING TO THE TIME WHEN THE COUNTY GETS INTO THE SEWER BUSINESS. CHAIRMAN WODTKE NOTED THAT HE HAS A PROBLEM WITH THE DEVELOPER BEING REQUIRED TO PAY A $15,000 FEE TO THE CITY AND THEIR GALLONAGE BEING TAKEN OUT OF THE COUNTY'S WATER AND SEWER ALLOCATION. HE WONDERED, IN THE EVENT WE SHOULD MAKE ANY FURTHER ALLOCATIONS OF SEWER UNDER THE BASIC TRIPARTITE AGREEMENT, IF THE CITY WILL REQUIRE A $15,000 FEE TO TAP INTO THEIR SEWER LINES. CITY MANAGER LITTLE FELT THE BOARD SHOULD NOT BE OVERLY APPREHEN- SIVE. HE NOTED,THAT WE ARE ALL TRYING TO MAKE SOMETHING HAPPEN BUT ARE STILL BOUND TO SOME SEMBLANCE OF THE TRIPARTITE AGREEMENT UNTIL SOMETHING ELSE IS WORKED OUT. HE CONTINUED THAT THE LAST TIME HE MET WITH THE BOARD IT WAS CLEARLY UNDERSTOOD THAT THE BOARD DID NOT WANT TO RELEASE EITHER THE CUSTOMER OR THE SERVICE AREA, WHICH IS FINE WITH THE CITY, AND ANY TIME THE BOARD ASKS FOR THE CUSTOMER, THE LINES WILL BE CONVEYED TO THE COUNTY WITHOUT CHARGE. HE POINTED OUT THAT RUNNING THE LINE DOWN 5TH AVE- NUE IS COSTING THE DEVELOPER A GREAT DEAL MORE, BUT THE CITY INSISTED ON IT IN ORDER TO OPEN UP THE LARGER SERVICE AREA, AND THE DEVELOPER DID AGREE TO IT. MR. LITTLE EXPLAINED THAT THE $15,000 WILL GO INTO AN ESCROW FUND FOR CAPITAL ADDITIONS TO WATER FACILITIES. IT IS ACTUALLY AN IMPACT FEE FOR WHAT THE CITY WILL BE REQUIRED TO ADD TO THEIR SYSTEM BECAUSE OF rN� INCREASED LOADS THAT ARE IJEVELOPING. MR, LITTLE FURTHER STATED THAT IF TROPIC GROVES CONDOMINIUMS, OR ANYONE ELSE, WISHES TO TAP INTO THE SEWER SYSTEM, THE CITY WILL NEED TO RECOVER ONLY THE $2,500 INVOLVED WITH OVERSIZING OF THE LINES. 55 MAY 41gr1 i CHAIRMAN WODTKE SUGGESTED THAT THE COUNTY COULD PAY THE $2,500 " FOR OVERGIZING AND HAVE THE LINE IN THE NAME OF THE COUNTY. MR. LITTLE DID NOT FEEL THAT WOULD PRESENT ANY PROBLEM. COMMISSIONER SCHMUCKER ASKED WHETHER THE CITY WILL CONTINUE TO HAVE A SIMILAR IMPACT FEE FOR ALL DEVELOPERS. MR. LITTLE POINTED OUT THAT VERO MED AND RALMAR WERE GOING TO HAVE TO SPEND MONEY ON PACKAGE PLANTS AND THEY WERE WILLING TO CONTRIBUTE THIS TO THE ESCROW FUND INSTEAD. VERO MALL WAS A RECOGNITION OF THE FACT THAT THERE WILL BE AN IMPACT FROM AN ELEVATED TANK BACK TO THE TREATMENT PLANT. COMMISSIONER SIEBERT NOTED THAT THERE WOULD HAVE BEEN NO IMPACT IF THEY RAN A LINE ALL THE WAY TO THE PLANT. MR. LITTLE AGREED, BUT STATED THAT THEY ARE TRYING TO GET AWAY FROM THAT AND POINTED OUT THAT THE DEVELOPER IS STILL FISCALLY BETTER OFF THAN IF HE HAD TO RUN THE LINE TO THE PLANT. ADMINISTRATOR .JENNINGS POINTED OUT TO THE.BOARD THAT THERE ARE ADVANTAGES TO THE COUNTY IN HAVING THE LINE RUN DOWN 6TH AVENUE, WHICH WAS ITS ORIGINAL LOCATION. CHAIRMAN WODTKE ASKED IF THE ROUTE OF THE SEWER LINE SHOULD BE INCLUDED IN THE AGREEMENT. ATTORNEY COLLINS FELT THERE SHOULD BE SOME WRITING BETWEEN THE DEVELOPER, THE COUNTY AND THE CITY ABOUT IT BEFORE THE AGREEMENT IS SIGNED. COMMISSIONER SIEBERT STATED HE DID NOT SEE IN THE AGREEMENT WHERE THE COUNTY GETS THE LINES BACK, AND THE ATTORNEY FELT THAT THIS I NEEDS TO BE CLARIFIED, POSSIBLY BY AN ADDENDUM. THE ATTORNEY RECOMMENDED THAT THE COUNTY -OWN THE WASTE WATER LINE AND PAY THE COST OF OVERSIZING. COMMISSIONER SIEBERT NOTED THAT, TECHNICALLY, UNDER THE CURRENT FORMULA PRESENTED BY THE CITY, WE ALREADY HAVE ALLOCATED ALL OF OUR WATER AS WE STATED THAT THE BALANCE WOULD BE ALLOCATED TO THE GIFFORD AREA. COMMISSTomr . _ �E: LOY AGREED THAT WE MUST BE VERY CAREFUL ABOUT AUTHOR- !ZING.ANY NEW SERVICE AREAS UNTIL WE HAVE A NEW AGREEMENT BECAUSE, TECHNI- CALLY, WE DONT HAVE ANY WATER ALLOCATION LEFT, MR. LITTLE POINTED OUT THAT IT WILL BE A LONG TIME BEFORE THE HOSPITAL EVER FLOWS 500,000 GALLONS PER DAY AS THAT IS THE TOTAL ULTIMATE CAPACITY WITH FOUR MORE STORIES AND SUPPORT FACILITIES.- IT ALSO WILL BE 14 56 _: P MAY A LONG TIME BEFORE THE NORTHERN AREA TAKES UP 700,000 GALLONS PER DAY, AND ;y HE FELT TO SAY THE ALLOCATION IS ALL USED UP WHEN IT IS REALLY JUST SITTING IN LIMBO, IS NOT RIGHT. COMMISSIONER SIEBERT NOTED THAT THE PROBLEM DOES EXIST, HOWEVER, i AND MUST BE RESOLVED. i DISCUSSION FOLLOWED IN REGARD TO ELIMINATING THE WORDS "AND/OR SEWER. FROM PARAGRAPH 9 OF THE AGREEMENT AS MR. LITTLE STATED THAT THE $15,000 FEE IS AIMED ONLY AT WATER LINES, 6 COMMISSIONER SCHMUCKER DISCUSSED THE PROPOSED OVERSIZING OF THE SEWER LINE FROM 4" TO 6" AND ASKED WHETHER 6" WOULD BE SUFFICIENT. MR. LITTLE REVIEWED THE TECHNICALITIES INVOLVED IN REGARD TO FLOW AND NOTED THAT GREATER PROBLEMS ARE SOMETIMES CAUSED BY UNDER CAPACITY FLOW THAN OVER CAPACITY. IT WAS GENERALLY AGREED THAT 6" WOULD BE AMPLE. IN FURTHER DISCUSSION, IT WAS -AGREED THAT THE AREAS IN THE TRI— PARTITE AGREEMENT THAT NEED TO BE ADDRESSED ARE: OWNERSHIP OF THE LINES, ALLOCATION, AND OVERSIZING CAPACITY. THE CHAIRMAN INSTRUCTED ATTORNEY COLLINS TO REDRAFT THE AGREE— MENT IN CONJUNCTION WITH THE CITY ATTORNEY AND MR. SEMBLER, DEVELOPER OF VERO MALL. •COMMISSIONER SCHMUCKER INFORMED THE BOARD THAT HE SENT A LETTER TO THE CITY OF VERO BEACH IN REGARD TO THE PROPOSED WIDENING OF 16TH STREET i ASKING IF THEY WISHED TO HAVE THE COUNTY UNDERTAKE THE JOB FOR THEM AND DEDUCT THE COST FROM THEIR SHARE OF THE ROAD FUND FROM THE COUNTY. CITY MANAGER LITTLE STATED THAT THIS MATTER HAS NOT COME BEFORE e s THE CITY COUNCIL AS YET, BUT THEY HAVE SOME DATA FROM THE DOT WHICH SEEMS } TO CONFLICT WITH INFORMATION GIVEN THE COUNTY. HE REPORTED THAT THE CITY HAS BEEN INFORMED THAT ALTHOUGH 16TH STREET IS NOT A NUMBERED STATE ROAD, f IT IS NEVERTHELESS A STATE ROAD AND THE DOT DOES MAINTAIN IT. HE NOTED THAT WHEN THE CITY PUT A WATER MAIN DOWN IT, THEY HAD TO GET A STATE PERMIT. ADMINISTRATOR KENNINGS EXPLAINED THAT WHEN THE CITY ASKS THE gg 1 DOT TO HAVE `-'0^:'-trONE ON THIS ROAD, THE STATE DOES IT AND CHARGES IT TO i TnE COUNTY. HE NOTED THAT WHETHER IT IS A STATE ROAD OR COUNTY ROAD CAN BE CLEARED UP, BUT POINTED OUT THAT THE COUNTY CAN DO WORK ON THIS ROAD. HE FURTHER NOTED THAT THE WIDENING CAN BE DONE IN THE MANNER SUGGESTED BY COMMISSIONER SCHMUCKER IF THE COUNTY DOES THE WORK, BUT IF THE DOT DOES IT, I ! 3 57 �a r 41911 1 1 : IT WILL HAVE TO GO INTO CONTRACTS, ETC,- HE FELT THE ONLY PROBLEM IS WHETHER THE CITY WISHES THE COUNTY TO DO THIS WORK OR NOT. CITY MANAGER LITTLE STATED THAT HE PERSONALLY DID NOT FEEL THAT WIDENING THE ROAD 2-1/2' WOULD ACCOMPLISH MUCH AND FELT BICYCLE PATHS WOULD BE A BETTER ANSWER. a COMMISSIONER SCHMUCKER POINTED OUT THAT THE SIMPLEST AND CHEAPEST WAY TO MAKE AN IMPROVEMENT WOULD BE TO ADD THE 2-1/2'. HE QUESTIONED WHETHER THERE WAS ROOM FOR A 6' BICYCLE PATH ALL THE WAY ALONG AND NOTED THERE COULD BE A BIG RIGHT-OF-WAY PROBLEM. HE AGREED IT CERTAINLY COULD BE INVESTIGATED. MR. LITTLE NOTED THAT AN EXTRA 2-1/2' IS NOT ENOUGH TO MAKE IT SAFE TO PASS A BICYCLE IF A CAR IS COMING IN THE OTHER DIRECTION. COMMISSIONER Loy STATED THAT THIS HAS ALL BEEN CONSIDERED, AND WE WOULD PREFER BICYCLE PATHS, BUT WERE•TRYING TO IMPROVE THE EXISTING SITUATION WITHIN THE PRESENT RIGHT-OF-WAY. ADMINISTRATOR .JENNINGS NOTED THAT THE 2-1/2' WOULD GIVE SOME IMMEDIATE RELIEF, BUT GETTING ADDITIONAL RIGHTS-OF-WAY WOULD BE A LONG TERM PROBLEM, MR. LITTLE ASKED HOW THE APPROXIMATELY $30,000 REFERRED TO RE-, LATES TO THE TOTAL COST OF THE PROJECT. THE ADMINISTRATOR EXPLAINED THAT THIS AMOUNT.COVERS THE COST OF THE ACTUAL MATERIALS USED (ASPHALT AND SOIL CEMENT) AND DOES NOT INCLUDE THE COUNTY'S LABOR AND EQUIPMENT COSTS. AFTER FURTHER DISCUSSION, IT WAS AGREED THAT COMMISSIONER SCHMUCKER WILL ATTEND THE NEXT CITY COUNCIL MEETING WITH CITY MANAGER LITTLE TO EXPLAIN THE MATTER TO THE COUNCIL. THE BOARD THEREUPON RECESSED AT 12:00 O'CLOCK NOON FOR LUNCH AND • RECONVENED AT 1:30 O'CLOCK P.M. ATTORNEY COLLINS NOTED THAT THE BOARD HAD PREVIOUSLY AUTHORIZED HIM TO TAKE LEGAL ACTION AGAINST PETER SABONJOHN FOR VIOLATION OF AN ORDI- NANCE, AND THE ZONING DEPARTMENT HAS INFORMED HIM THAT MR. SABONJOHN HAS CREATED ANOTHER PROBLEM AND VIOLATION. HE REPORTED THAT HE WILL PROCEED AGAINST MR. SABONJOHN ONCE AGAIN AS REQUESTED IN THE FOLLOWING LETTER FROM THE ADMINISTRATOR AND ZONING DIRECTOR. 58 3 MAY 4 1 r i gyvER BOARD OF COUNTY COMMISSIONERS i CO WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT, JR. EDWIN S. SCHMUCKER r Fd r,R�f�Q► R. DON DE�SON JACK G. JENNINGS, Administrator 2145 14th Avenue Vero Beach. Florida 32960 April 25, 1977 Ron. George G. Collins, Jr., Attorney to the Board of County Commissioners P. O. %ox 3686 vrro Deac h, ilurida Re: Peter Sabonjohn, 2264 5th Ct. S.E. Vero Beach Lots 4, 5, 6 in Parcels 1 & 4 through 13 in Yorkshire S/D Dear Sir: In response to additional complaints from neighbors regarding litter still remaining on the property, we are. requesting Dir. Sabonjohn be prosecuted in Circuit Court. Mr. Sabonjohn also insists on keeping a horse.in this resi- dentially•zoned area. Yours truly, Jack G. Jennings, inistrator L�. Dewe Walker, Zoning Director J. Kane, Zoning Inspector ATTORNEY COLLINS INFORMED THE BOARD THAT THE TEMPORARY SPOIL i DISPOSAL EASEMENT GRANTED TO THE CORPS OF ENGINEERS HAS EXPIRED AND THEY NTED A NEW ONE IN ORDER TO BE ABLE TO PLACE ON SHORE GENERAL DEBRIS WHICH a THEY ARE CLEARING FROM THE WATERWAY, ADMINISTRATOR JENNINGS NOTED THAT THE CORPS BRINGS THIS MATERIAL i f ASHORE AND THE COUNTY DISPOSES OF ITS } 59 r MAY 41977' ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD.UNANIMOUSLY APPROVED TEMPORARY SPOIL DISPOSAL EASEMENT FOR TKE CORPS OF ENGINEERS AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. TEMPORARY SPOIL DISPOSAL EASEMENT THIS INDENTURE, made this* 'Ath day of, DaY, 1977 by and between the COUNTY OF INDIAN RIVER,.hereinafter referred to as the Grantor, whose address is; county Courthouses Vero Beach, Florida 32960, and the UNITED STATES OF AMERICA hereinafter refrred to as the Grantee, whose address is; c/o District Engineer, U.S. Army Engineer District, Jacksonville, P.O. Box 4970, Jackson!— ville--Florida 32201. WHEREAS, the Grantor is the owner or 'holder over the land hereinafter, described andithe Grantee requires the said land for the placement of old piling, decking, and general debris. NOW, THEREFORE, WITNESSETH: That for and in consideration of the premises and the benefits to be derived and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey unto the Grantee, and its assigns, a non- exclusive Temporary Spoil Disposal Easement, for a period of twelve (12) months from the date of this document to the following described land situated in the County of Indian Rivers State of Florida, to wit: A parcel of land in Section 2, Township 32 -South, Range 39 East, lying east of paved road running east from Winter Beach, Florida and being on the west bank of the Indian River narrows. Said parcel being shown on the maps attached hereto and made a part hereof. for the following purpose: For the placempnt of Old Piling, decking, and general. debris on said laiAd described above that is removed by the Grantee from the Intracoastal Waterway confined to the Indian River County area from the North Boundary Line to the South Boundary Line. 60 MAY 4 1977 Ikon placing the 'old pilings decking, and general debris on said land described above, title to the material is vested in the Grantor and the material is then the responsibility of the' Grantor, By signing this easement, the Grantor agrees to remove and dispose of the old piling, decking and general debris in a manner that it will not return to the Intracoastal Waterway and become a hazard to navigation, which shall be accomplished at no cost to the.Grantee, ~ IN WITNESS WHEREOF, the Grantor has set hereto his hand on the day and year above written, WITNESSES: . e unairman Board of County Commissio ers Attest: Freda Wright, Cllr ATTORNEY COLLINS REQUESTED THAT AN EMERGENCY ITEM BE.ADDED TO THE AGENDA IN REGARD TO A ZONING VIOLATION. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADDED TO TODAY'S AGENDA THE EMERGENCY ITEM AS RE- QUESTED BY THE ATTORNEY. ATTORNEY COLLINS INFORMED THE BOARD THAT A MRS. TREADWAY HAD A NON -CONFORMING USE SINGLE -WIDE TRAILER ON COMMERCIAL PROPERTY. SHE WANTED TO REPLACE IT WITH A DOUBLE -WIDE TRAILER, BUT THE ZONING DEPARTMENT REFUSED. THE PERMIT. SHE TOOK THE MATTER BEFORE THE VARIANCE BOARD, AND THEY ALSO DENIED HER REQUEST. MRS. TREADWAY THEN PROCEEDED TO PUT THE DOUBLE -WIDE ... 6 TRAILER ON THE COMMERCIAL LOT AND HAUL OFF THE SINGLE -WIDE IN VIOLATION OF THE ZONING ORDINANCE. THE ATTORNEY REQUESTED THAT HE BE AUTHORIZED TO FILE AN INJUNCTION AGAINST MRS. TREADWAY, 014 MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, ` THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO TAKE ACTION AGAINST MRS. TREADWAY. 1 61 i MAY 4 1977 i COMMISSIONER DEESON INFORMED THE BOARD THAT .JAMES CARTER, CHAIR- MAN OF THE NORTH COUNTY RECREATION COMMITTEE,- HAS WRITTEN HIM REQUESTING THAI 4HE COUNTY PROVIDE A CERTIFIED SURVEY OF THE SOFTBALL FIELD PROPERTY IN ROSELAND. THEY ARE ATTEMPTING TO ERECT A PERMANENT BACKSTOP, BUT IT APPEARS THAT BOUNDARY LINES MAY BE OFF BYAS MUCH AS 30'. ADMINISTRATOR .JENNINGS NOTED THAT THIS PROPERTY WAS DONATED BY MRSr HANSON FOR RECREATION PURPOSES IN 1967. THE BOARD AND BRIDGE DEPART- MENT CLEARED THE LAND AND HAULED IN MARL, HE CONTINUED THAT THE FIELD WAS USED FOR A WHILE, BUT THEN IT SLACKED OFF; NOW NEW INTEREST HAS ARISEN, AND HE FELT THAT IF THEY ARE GOING TO PUT IN APPROXIMATELY $2,000 WORTH OF PERMANENT BACKSTOP AND OTHER EQUIPMENT, THE PROPERTY LINES SHOULD BE ESTAB- LISHED BY A CERTIFIED SURVEYOR. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO HAVE A CERTIFIED SURVEY MADE OF THE BALLFIELD PROPERTY IN ROSELAND. CHAIRMAN WODTKE NOTED THAT CIVIL DEFENSE DIRECTOR, LEE NUZIE, HAS RECEIVED A LETTER FROM THE DEPARTMENT OF COMMUNITY AFFAIRS AS FOLLOWS: ! STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS r w V t.Za co - ,r; •A Jst.::a^;St. & ;? 44-A, 11.0. [iox 207, WIIdWaod, rltnida 32705 (904) .748-1616 REUBIN 0'D. ASKEW, GOVERNOR DIVISION OF WILLIAM H. RAVENELL, SECRETARY • .. DISASTER PREPAREDNESS CENTRAL AREA April 28, 1977 er. 77-174 Mr. S. Lee Nuzie, Director MAY 1977 Indian River County Civil Defense 1727 -17th Avenue RECEIVED s BOARDCOUImr Vero Beach, Florida 32960 CUMF.i1SSiDI2ERS T,r. c`;t1! Dear Mr. Nuzie: It is with the utmost urgency that we advise you of the NCP Seminar in Tallahassee on June 7-9. Your attendance at the Cypress Gardens meeting was sorely missed and the importance of the program cannot be minimized. The basic emergency plan (BEOP) with the NCP concept will have to be rewritten and all annexes to your now existing plan no longer are valid. We have a new set of annexes to coincide with the new NCP concept of the basic plan. The three day session is an absolute necessity to give you the ability to rewrite your BEOP and annexes. The Federal government reflects the importance of this seminar by totally funding travel and per diem. 6' cerely, s R. Lawson C JRL/j ea oordinator ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER COY, THE'BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR CIVIL DEFENSE DIREC- TOR, LEE NUZIE, TO ATTEND THE NCP SEMINAR IN TALLAHASSEE .JUNE 7-9, 1977. CHAIRMAN VIODTKE REPORTED THAT HE HAS RECEIVED A TELEPHONE CALL FROM ARDEN INSURANCE AGENCY IN REGARD TO WRITING INSURANCE FOR THE INDIAN RIVER COUNTY AMBULANCE SQUAD POn TH-'71t LIABILITY COVERAGE, AND HE FELT WE SHOULD CONSIDER PASSING AN ORDINANCE SIMILAR TO THE ONE PASSED FOR THE SHFRIP+=`w DEPARTMENT REQUIRING THEM TO CARRY A MINIMUM OF $300,000 TO $500,000 LIABILITY COVERAGE, WHICH WILL AFFORD THEM A SAVING ON THE PREMIUM; 63 MAY 41977 Tj i ATTORNEY COLLINS INFORMED THE BOARD THAT THE INDIAN RIVER COUNTY AMBULANCE SQUAD ;;EMSELVES WISH TO CARRY $300,000-$500,000 LIABILITY, BUT THE INDUSTRY ONLY REQUIRES THAT THEY CARRY $100,000-$300,000. HE FELT AN ORDINANCE WOULD BE APPROPRIATE. COMMISSIONER SIEBERT ASKED IF THIS COULD BE HANDLED IN THE AMBU- LANCE SQUAD S CONTRACT INSTEAD, AND CHAIRMAN WODTKE FELT IT SHOULD BE DE- TERMINED HOW SUCH AN ORDINANCE WOULD AFFECT ALL THE OTHER AMBULANCE SQUADS IN THE COUNTY. CHAIRMAN WODTKE INSTRUCTED ATTORNEY COLLINS TO CHECK ON THESE MATTERS AND REPORT BACK TO THE BOARD. CHAIRMAN WODTKE REMINDED THE BOARD THAT AT THE WORKSHOP MEETING MONDAY NIGHT HE DISTRIBUTED INFORMATION RECEIVED FROM WILLIAM CARLTON OF THE DEPARTMENT OF NATURAL RESOURCES IN REGARD TO BEACH EROSION AND ASKED THEM TO REVIEW THIS INFORMATION SO IT CAN BE DISCUSSED AGAIN IN TWO WEEKS. HE FURTHER REPORTED THAT HE HAS BEEN CONTACTED BY THE TAXPAYERS ASSOCIATION AND REQUESTED TO SEND A DELEGATION TO OCEAN CITY, MARYLAND, TO LOOK AT THEIR BULLDOZING PROJECT, CHAIRMAN WODTKE NOTED THAT JUNE 7TH IS THE DATE THAT THE CORPS OF ENGINEERS IS GIVING MAYOR KELLEY OF OCEAN CITY A HEARING, AND SUGGESTED THAT THIS MATTER BE FURTHER DISCUSSED AT THE NEXT MEETING. I CHAIRMAN WODTKE INFORMED THE BOARD THAT HE AND COMMISSIONER P DEESON ATTENDED A MEETING OF THE SEBASTIAN INLET DISTRICT WITH THE CORPS OF ENGINEERS AND DEPARTMENT OF NATURAL RESOURCES AND DISCUSSED WITH THEM OUR REQUEST TO THE CORPS TO INCLUDE THE SOUTH JETTY IN THE PROJECT. THE CHAIRMAN NOTED THAT IF THE CORPS IS RECEPTIVE TO INCLUDING THIS IN OUR SUGGESTED PROJECT INSTEAD OF STARTING A NEW ONE FOR SEBASTIAN FROM SCRATCH, + IT WOULD BE VERY HELPFUL. COMMISSIONER LOY REQUESTED INTERGOVERNMENTAL COORDINATOR THOMAS TO REPORT ON THE PROGRESS OF THE FINANCE COMMITTEE IN REGARD TO SALE OF THE .LANDFILL BONDS. INTERGOVERNMENTAL COORDINATOR THOMAS REPORTED THAT THEY HAVE CON- TACTED A GOOD MANY BOND HOUSES TO HELP US SELL THE BONDS. HE NOTED THAT IT IS IMPERATIVE THAT Wt -EEP ON OUR TIME SCHEDULE AND WORK WITH A BOND HTIR. THOMAS RECOMMENDED WILLIAM R. HOUGH .AND COMPANY. WHO ARE MEMBERS. I 64 $i� 3 OF AN ACCEPTABLE BONDING HOUSE IN THE STATE OF FLORIDA WITH AN OFFICE IN i. ORLANDO. SHE INFORMED THE BOARD THAT THE BASIC REASON HE IS RECOMMENDING THEM IS PAST EXPERIENCE WHICH HAS BEEN FAVORABLE. THEY PREVIOUSLY WORKED WITH THE COUNTY WHEN WE WERE CONSIDERING A COUNTYWIDE SEWER AND WATER j PROGRAM. COMMISSIONER LOY NOTED THAT EVEN THOUGH THAT ISSUE WAS TURNED DOWN AND THEY DID A LOT OF WORK, THEY HAVE STAYED IN CONTACT WITH THE CO.UMY.111 ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER DEESON, ' THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY COLLINS AND INTERGOVERNMENTAL COORDINATOR THOMAS TO NEGOTIATE A PROPOSED CONTRACTUAL AGREEMENT WITH WILLIAM R. HOUGH AND COMPANY TO SERVE AS OUR BOND CONSULTANTS, CHAIRMAN YVODTKE DISCUSSED BOARD MEETING DATES AT THE END OF THIS YEAR. THE REGULAR MEETING DATES IN OCTOBER ARE THE STH AND 19TH; IN NOVEMBER, THE 9TH AND 23RD; AND IN DECEMBER, THE 7TH AND 21ST. DISCUSSION FOLLOWED, AND IT WAS AGREED TO CHANGE THE NOVEMBER MEETING DATES TO NOVEMBER 2ND AND NOVEMBER 16TH IN ORDER NOT TO HAVE THE MEETING THE DAY BEFORE THE LONG THANKSGIVING DAY WEEKEND. THE MEETING i DATES IN OCTOBER AND DECEMBER WILL NOT BE CHANGED. CHAIRMAN WODTKE REQUESTED COMMISSIONER LOY TO WORK OUT POSSIBLE DATES FOR BUDGET SESSIONS AND SET UP A RECOMMENDED CALENDAR. THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: I ASSISTANT PLANNER ROBERT- BERG INFORMED THE BOARD THAT THIS PROPERTY IS LOCATED ON DURANCE ROAD (95TH STREET) EAST OF U.S.HIGHWAY 1. IT HAS AN OLD MOBILE HOME ON IT, WHICH IS IN BAD SHAPE, AND THE APPLICANT WISHES TO BUILD A HOME THERE. PSR. BERG STATED THAT THE USES IN THE AREA ARE RESIDENTIAL IN CHARACTER, AND EVEN THOUGH THIS WOULD BE SPOT ZONING, THE PLANNING DEPARTMENT WOULD RECOMMEND APPROVAL AS THEY HOPE THAT THIS AREA GOES MORE AND MORE INTO RESIDENTIAL ZONING. ALSO, THE PROPOSED RE— ZONING WOULD SERVE TO ELIMINATE A DILAPIDATED TRAILER AND REPLACE -IT WITH A NICE HOME, MR. BERG STATED THAT SUCH REZONING WOULD BE IN CONFORMANCE WITH THE COMPREHENSIVE PLAN WHICH PROJECTS LOW DENSITY FOR.THIS AREA, %HAIRMAN NODTKE ASKED IF ANYONE PRESENT WISHED TO BE HEARD. PAUL GARMAN OF SEBASTIAN TOOK THE FLOOR AND STATED THAT HE IS MARRIED TO THE APPLICANT, MRS. SHIRLEY BESSEY, AND THEY ARE LIVING ON THIS 66 41977 8401 29 6,,.3'06 ' VERO BEACH PRESS -JOURNAL Published Weekly NOTICE - NOTICE IS HEREBY GIVEN that the ' Vew Beach, Indian River County, Florida Zoning Commission of Indian River County, _ Florida, has tentatively approved the following changes and additions to the Zoning 1 COUNTY OF INDIAN RIVER: Ordinance of Indian River County, Florida, STATE OF FLORIDA which changes and additions are substantially as follows - 1/4. a/4. That the Zoning Map be changed in Before the undersigned authority personally ppeared J. J. Schumann, Jr.Jrwho on oath order that the following described property says that he IS Business Manager of the Vero Beach Press -Journal, a weekly newspaper published situated in Indian River County, Florida, to. at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being wit. Part of Government Lot 6, Section 21, a — fC T CI Township 31 -South, Range 39 -East, Indian ..... - River County, Florida, more particularly described as follows: q In the matter ofCommencing at the Northeast corner of said' Government Lot 6 (being the Southwest i.a of the Southwest V4 of said Section 21) run West �� ! •+ ISO feet for a point of beginning; thence run .' South 190 feet; thence run West 120 feet; • thence run North 19Q feet; thence run Fast 120 feet to point of beginning; said land situate, In the Court, was pub- lying and being in Indian River County, Florida. fished in said newspaper in the Issues of t n n Z R Q . f q �� Be changed from C -IA Restricted Com- mereial District, to R-1 Single Family District. A public hearing in relation thereto at which t Parties in interest and citizens shall have'an ' opportunity to be heard, will be held by said y{ Affiant further says that the said Vero Beach Press -Journal is a n Zoning Commission in the County Commission ewspaper published at Room, Indian River County Courthouse, Vero Vero Beach, in said Indian River County and that the said newspaper has heretofore Beach, Florida, THURSDAY, April 14, 1977, at been continuously published in said Indian River County, Florida, weekly has been 7:30 and entered o'clock P.M., after which a public hearing L as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida in relation thereto at which parties in interest for a period of one year next preceeding the first publication of the attached copy of adver- and citizens shall have an opportunity to be tisement; and affiant further says that he has neither paid nor promised any person, firm or heard will be held by the Board of County corporation any discount, rebate, commission or refund for the purpose of securing this adver- Commissioners of Indian River County, tisement for publication in the said newspaper. Florida, in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Wednesday, May 4, 1977, at 2:00 Sworn to and subscribed before me this 1 day of `-n-ia I lc Q A.D.19 �'7 o'clock P.M. of County Commissioners .",Board )! r Indian River County By: William C. WodtkeJr.. Chairman CMIndian River County B anager} Zoning Commission \I By: Ralph Sexton, Chairman Mar. 9,1977, (SEAQ (Clerk of the Circuit Court, Indian R+ County, Florida) ASSISTANT PLANNER ROBERT- BERG INFORMED THE BOARD THAT THIS PROPERTY IS LOCATED ON DURANCE ROAD (95TH STREET) EAST OF U.S.HIGHWAY 1. IT HAS AN OLD MOBILE HOME ON IT, WHICH IS IN BAD SHAPE, AND THE APPLICANT WISHES TO BUILD A HOME THERE. PSR. BERG STATED THAT THE USES IN THE AREA ARE RESIDENTIAL IN CHARACTER, AND EVEN THOUGH THIS WOULD BE SPOT ZONING, THE PLANNING DEPARTMENT WOULD RECOMMEND APPROVAL AS THEY HOPE THAT THIS AREA GOES MORE AND MORE INTO RESIDENTIAL ZONING. ALSO, THE PROPOSED RE— ZONING WOULD SERVE TO ELIMINATE A DILAPIDATED TRAILER AND REPLACE -IT WITH A NICE HOME, MR. BERG STATED THAT SUCH REZONING WOULD BE IN CONFORMANCE WITH THE COMPREHENSIVE PLAN WHICH PROJECTS LOW DENSITY FOR.THIS AREA, %HAIRMAN NODTKE ASKED IF ANYONE PRESENT WISHED TO BE HEARD. PAUL GARMAN OF SEBASTIAN TOOK THE FLOOR AND STATED THAT HE IS MARRIED TO THE APPLICANT, MRS. SHIRLEY BESSEY, AND THEY ARE LIVING ON THIS 66 41977 8401 29 6,,.3'06 PROPERTY. HE NOTED THAT THERE ARE CBS -HOMES TO THE EAST AND WEST OF THIS PROPERTY, AND HE*FEELS ANOTHER ONE WILL IMPROVE THE AREA, MR. GARMAN IN- QUIRED IF THIS IS REZONED TO R-1 WHETHER THEY CAN CONTINUE TO LIVE IN THE TRAILER UNTIL THEIR HOME IS BUILT. DEWEY WALKER, ZONING DIRECTOR, 'STATED THAT HE CAN ISSUE A TEMPO- RARY TRAILER PERMIT FOR ONE YEAR WITH TWO POSSIBLE 90 -DAY EXTENSIONS, OR A MAXIMUM OF 18 MONTHS, HE INFORMED MR. GARMAN THAT HE WOULD HAVE TO COME BACK TO APPLY FOR AN EXTENSION, AND UNDER NO CIRCUMSTANCES CAN THE TRAILER BE ALLOWED THERE FOR MORE THAN 18 MONTHS. MR. BERG POINTED OUT THAT WHEN THE HOUSE IS COMPLETED, THE TRAILER MUST BE REMOVED, AND MR. GARMAN AGREED THAT IT WOULD IBE. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. CHAIRMAN WODTKE SET JUNE 22, 19771 AS THE DATE FOR THE FINAL HEARING ON THIS REZONING REQUEST. THE HOUR OF 2:00 O'CLOCK F.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: MAY 4 1-11 Ft J 4 �.- NOTICE....._ :- NOTICEIS HEREBY GIVEN that the '. VERO BEACH PRESS -JOURNAL Zoning Commission of Indian River County, Florida, has tentatively approved the '.following changes and additions to the Zoning Published Weekly Ordinanceof Indian River County, Florida, which changes and additions are substantially as follows: Wena Reach, Indian River County, Florida 1. That the Zoning Map be changed in order that the following described property situated In Indian River County, Florida, to -wit: COUNTY OF INDIAN RIVER: A strip of land having a width of 47.58 feet lying in the North Half of SW a of SE 14 of STATE OF FLORIDA Section 30-3340, Indian River County, Florida, Before the undersigned authority personally appeared J. J. Schumann, Jr. who on qath said parcel being more particularly described as beginning at a point 341.66 feet East the that he is Business Manager of the Vero Beach Press-Joumai, a week) news says g y paper published ec Northwest Corner of SW �-a of SE � a of Section at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being 30.33-40; Thence run Southeasterly and parallel to the East right-of-way of U.S. High- • way No. 1 a distance of 709.38 feet to the South -_,p_ a �i 7 <Q line of said North Half of SW 14 of SE '4; Thence run East along said South line a of feet; Thence Nor- -tn the matter of A n : l � nC Qui thwestdistance ,run and parallel to said U.S. Highway d pa No. 1 a distance of 709.38 feet to said North line No. I a distance of said North half of SW 1-4 of SE 14; Thence run West along said North line a distance of 49.39 feet to the point of beginning. Be changed from C-1 Commercial District, in the Court, was pub- to R -1A Single Family District. j Beginning at the point of intersection of the �`� ' �n lisped in said newspaper in the issues of t 1 \ / East line of U.S. Highway No. 1 as now established, and the North line of the North - half of SE Va of SW 14 of Section 30-33-40, Indian .River County; Thence Southeasterly along said East right-of-way line to the Scuth line of the North half of SE to of SW 14 and the North half of SW Iia of SE 1-4; Thence East along said Affiant further says that the said Vero Beach Press -Journal is a newspaper published at South line a distance of 610 feet; Thence North - westerly along a line parallel to and 610 feet 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 Easterly from the East line of said highway to the North line of said North half of SE 14 of SW ' as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida qa and the North half of SW Aa of SE 14; Thence for a period of one year next preceeding the first publication of the attached copy of adver- West along said North line a distance of 610 tisement; and affiant further says that he has neither paid nor promised any person, firm or feet to the point of beginning; Less the South 60 corporation any discount, rebate, commission or refund for the purpose of securing this adver- feet of said property; together with a per- tisement for publication in the said newspaper. manent easement andright-of-way in favor of the purchaser -grantee over and across the said 1 r) Swom to and subscribed before me this �iZ-day ofy1� In 0. A D. \� % South 60 feet excepted above for purposes of ingress, egress and utilities. n_,L (,)_,U (L Presently zoned C-1 Commercial District, to remain C-1. - m M anager) A public hearing in relation thereto at which !. parties in interest and citizens shall have an !/ opportunity to be heard, will be held by said (Clerk of the Circuit Court, Indian Ri County, Florida) Zoning Commission in the County Commission (�U Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, April 14, 1977, at 7:30 o'clock P.M., after which a public hearing In relation thereto at which parties in interest and citizens shall have an opportunity to be heard, 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, May 4, 1977, at 4:00 o'clock P.M. Board of County Commissioners Indian River County By: William C. Wodtke Jr.; Chairman Indian River County Zoning Department By: Ralph Sexton, Chairman Mar. 9,1977. ASSISTANT PLANNER BERG INFORMED THE BOARD THAT SAN PABLO TIMBER COMPANY IS MAKING THIS REZONING REQUEST REPRESENTED BY CARTER ASSOCIATES, INC. HE STATED THAT THIS PROPERTY IS ADJACENT TO U.S.HIGHWAY 1 NEAR 17TH ST$EFT S.W. AND IS IN AN ABANDONED ORANGE GROVE. THE PROPERTY TO BE REZONED IS A 297 STRIP LOCATED BETWEEN THE PROPERTY SOLD BY SAN PABLO TIMBER COMPANY ON U.S. 1 AND THEIR SUBDIVISION. THEY PROPOSE TO ADD THE 29' TO THE REAR OF SIX LOTS IN THE SUBDIVISION. MR. BERG CONTINUED THAT - THE PLANNING DEPARTMENT SEES -NO PROBLEM WITH THIS AS LONG AS THE STRIP IS ADDED TO THE SUBDIVISION, REDUCING THE C-1 ZONING AND INCREASING THE RAA. HE NOTED THE OWNER OF THE LOTS WHERE THE DEPTH IS ADDED WOULD HAVE TO PAY TAXES ON IT. Ft J 4 r DANA HOWARD OF CARTER ASSOCIATES EXPLAINED THAT SAN PABLO TIMBER COMPANY ORIGINALLY THOUGHT THEY WERE SELLING OFF THE FRONT 660', BUT THIS j WAS DONE By METZ AND BOUNDS AND INADVERTENTLY A 29' HIATUS WAS LEFT BETWEEN THE TWO PARCELS, THEIR ONLY SOLUTION IS TO ADD THIS STRIP TO THE REMAINING PROPERTY.j HE ALSO STATED THAT THAT THE REMAINING PARCEL IS NOT A SUBDI- VISION AS YET, BUT JUST A TENTATIVE PLAN. CHAIRMAN WODTKE ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE"1 WERE NONE. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE ,BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. CHAIRMAN WODTKE ANNOUNCED THAT .TUNE 22, 1977, IS THE DATE FOR THE FINAL HEARING ON THIS REZONING REQUEST. COMMISSIONER SIEBERT INFORMED THE BOARD THAT AT A REGIONAL PLAN- NING COUNCIL MEETING HE HAD HEARD THAT ALL ZONING MUST CONFORM TO THE COMPREHENSIVE PLAN BY 1979. HE NOTED THAT OUR PLANNING DEPARTMENT DOES NOT FEEL THAT THE COMPREHENSIVE LAND USE MAP IS A ZONING MAP, AND POINTED OUT THAT YOU CAN T REZONE TO BLOBS." COMMISSIONER SIEBERT FELT THAT WE L SHOULD DETERMINE EXACTLY WHAT IS BEING REQUIRED, ESPECIALLY BEFORE DOING ALL THE PLANNING WORK FOR THE VARIOUS MUNICIPALITIES. HE STATED THAT BREVARD COUNTY.IS TOTALLY REZONED TO THEIR COMPREHENSIVE PLAN, ASSISTANT PLANNER BERG ASKED IF THE BOARD WISHED HIM TO WRITE THE STATE DIVISION OF PLANNING FOR THEIR.OPINION, AND THE BOARD AGREED THAT THIS SHOULD BE DONE. COMMISSIONER SCHMUCKER REPORTED THAT SOME OF THE FLOOR TILES THAT WERE REPLACED IN THE CLERK'S OFFICE, ROOM 111, DO NOT FIT'PROPERLY, AND THIS PROBLEM SHOULD BE REMEDIED. ' AFTER SOME DISCUSSION, THE BOARD AGREED THAT THE ADMINISTRATOR SHOULD HANDLE THIS MATTER. . PROCLAMATION CONGRATULATING SENATOR PHILIP D. LEWIS ON HIS ELECTION AS SENATE PRESIDENT ELECT OF THE FLORIDA SENATE IS HEREBY MADE A PART OF THE MINUTES. ; •• Y 4 fig j k' * P R O C L A M A T I O N WHEREAS, Senator Philip D. Lewis has faithfully served Indian River County and District 27 since his election to the Florida Senate in 1970- and WHEREAS, Senator Philip 1 1 D . Le wi s P is considered by the citizens of Indian River County a man of integrity, perseverance, and responsiveness; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, on behalf of themselves and the citizens of Indian River County desire to congratulate Senator Philip D. Lewis for his recent election as Senate President Elect of the Florida Senate; NOW, THEREFORE, BE IT PROCLAIMED by the Board of County Commissioners of Indian River County, Florida, by the individual signatures below that SENATOR PHILIP D. LEWIS is congratulated on behalf of the citizens of Indian River County for.his recent election as Senate President Elect of the Florida Senate. This Proclamation shall be effective as of the 22nd day of April, 1977. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By dy. 0,5"— Cc)04"ay R. Don Deeson Y 4197';� r ?9 4 FULLY SIGNED LEASE AGREEMENT IN REGARD TO OFFICE SPACE IN THE OLD GRANT BUILDING FOR THE STATE ATTORNEY'S OFFICE IS HEREBY MADE A PART 0P THE MINUTES AS AUTHORIZED AT THE MEETING OF .JANUARY 5,•1977, I 71 MAY 4 1977 I� LEASE AGREEMENT This Lease made this 1st day of March, 1977, by and between the GRANT BUILDING PARTNERSHIP, hereinafter "Lessor" and INDIAN RIVER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA BY AND THROUGH ITS BOARD OF COUNTY - COMMISSIONERS, hereinafter called "Lessee". --- WITNESSETH, that in consideration of the covenants herein contained, and to be performed by both parties, the parties agree: i 1. Leasehold Premises: Approximately three thousand_ one hundred twelve (3112) square feet, being the east half of the second floor of the old Grant Building, situate in Vero Beach, Indian River County, Florida, as shown on Exhibit "A" attached hereto. - 2. Term: The term shall be a three (3) year period aommencIng on the 1st day of March, 1977, and ending the 28th day of February, 1980. 3. Lease Payments: The consideration for this Lease shall be Two ($2.00) Dollars per square foot, or Six Thousand ' Two Hundred Twenty Four ($6,224.00) Dollars per annum. The -, Lease payments shall be made in equal monthly installments of Five Hundred Nineteen ($519.00) Dollars, payable on the 1,4X - day of each and every month during the term of this Lease. The 4 first month's rent shall be due and payable upon occupation of the leasehold premises by the Lessee. 4. Alterations: . (A) Lessor shall provide at no cost to the Lessee the following: - (1) Installation of partitions and corridors as shown in Exhibit W. (2) Painting of walls. (3) Carpeting throughout. F ` (4) Installation of sink as shown in Exhibit "A". � r MAX 4 19 77 f i �4a i C • i 4 19 77 (5) Proper size air conditioner and duct work. (6) Installation of.electric meter, proper wall circuits and overhead lighting. (7) Up to Two Hundred Fifty ($250.00) Dollars of wallpapering, including labor. (B) All additional alterations, except as hereinafter set out, shall be the sole responsibility of the Lessee. (C) Lessor shall provide drop ceilings throughout the leasehold premises to the Lessee, for the consideration %of Three Thousand Five Hundred ($3550.00) Dollars. Lessee shall have the option of paying the additional consideration in one of two ways: (1) The entire sum may be paid with the first month's rent, or (2) The Lessee may pay an additional Forty ($.40) scents per square foot per annum during the �.. term of the Lease. This second alternative will require the payment of an additional One • Thousand Two Hundred Forty Four ($1244.00) Dollars per annum, which shall be paid on a monthly basis thereby increasing the monthly payments to Six Hundred Twenty Two ($622.00) Dollars per month. In the event, however, the Lessee shall quit the leasehold premises prior to the expiration of the term, the un- paid balance then remaining of the aforesaid Three Thousand Five Hundred ($3550.00) Dollars shall be immediately due and payable. S. Taxes: Lessee shall pay its prorata share, based on thn ={-al square footage leased by it to the total square footage of the building, of any increase in real property taxes which are-over and above the real property tax bill bor 1976, -2- C • i 4 19 77 during the term of this Lease. Any additional sums due the Lessor by virtue of this paragraph shall be paid on or before . the last day of the year in which the tax bills are received by tine Lessor. 6. Insurance The Lessee shall provide evidence of liability insurance in an amount not less than Two Hundred Thousand ($200,000.00) Dollars pek person and not less than Five Hundred Thousand ($500,000.00) Dollars per occurence. 7. Renewal: Lessee shall have the option to renew this Lease for one (1) additional year upon the expiration of this Lease term. If the Lessee chooses to exercise the option to renew, it shall give the Lessor written notice of such intent sixty (60) days prior to the expiration of the lease term. If the Lessee chooses to exercise the option contained in this paragraph, the lease payments provided for shall be increased by an amount equal to the increase in the Consumer Price Index, using 1976 as the basis year. S. Repairs: The Lessor will maintain the air conditioners ; and the exterior of the leased property, including the roof and exterior walls, in good and substantial repair; and shall maintain the interior of the leased property, including the ikterior ceilings, walls, floors, fixtures, pipes, doors and windows, in good and substantial repair. Interior fixtures and pipes are those that project from the ceilings, walls and floors into the room; exterior fixtures and pipes include those concealed behind, over, or under the interior ceilings, walls and floors. Except as to windows, the agreements to p - - f repair in this paragraph do not apply to any damage caused by fire or other casualty and the agreement to maintain windows in good and substantial repair does not apply to damage caused. by fire. 9. Public Vtilities: The Lessee will pay, within the time allowed for payment without Penalty. all charges for water and electricity and other public utilities consumed ori the • premises during the term created by this Lease, and should • -3- t • P C , I 1 Y 41977 e_ the Lessee exercise its option granted by Paragraph 7 above, during any extended term. 10. 'Damage by Fire or Other Casualty: If the leased property is damaged by fire or other casualty to the extent of twenty (20%) percent or more, the Lessor shall have the option to rebuild and repair the leased property or to terminate this Lease. If damaged to a lesser extent, the Lessor will rebuild and repair. In the event of damage by fire or other casualty, the rent payable under this Lease ` shall abate, in proportion to the impairment of the use that can reasonably be made of the property for.the purpose permitted by this Lease, until the property is rebuilt and repaired (or until the Lease is terminated, if terminated in accordance with this paragraph). 11. Access by Lessor: The Lessor may enter, inspect and make such repairs as to the leased property as the Lessor i may reasonably desire, at all reasonable times. 4 WITNESS our hands and seals on the day and year first f above written: Witnesses: LESSOR v o?/jr-r- R4ry le f As to Lessor LESSEE As t essee .; THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND N0, 54845 - 54984 INCLUSIVE SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SQ ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 2:50 O'CLOCK P.M, ATTEST: t CLERK CHAIRMAN i 76 MAY 41977