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HomeMy WebLinkAbout5/18/1977WEDNESDAY, MAY 18, 1977 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, MAY 18, 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 R. DON DEESON. ALSO PRESENT WERE JACK G. JENNINGS, COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; WILLIAM P. JACKSON, FINANCE OFFICER; AND VIRGINIA HARGREAVES, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER SIEBERT LED THE PLEDGE OF ALLEGIANCE TO THE FLAG AND REVEREND JULIUS RICE, UNITED CHURCH OF CHRIST - COMMUNITY CHURCH, GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF MAY 1, 1977. COMMISSIONER DEESON REQUESTED THAT ON PAGE 19, FIRST LINE "THAN" BE CORRECTED TO READ "THEN." COMMISSIONER DEESON REQUESTED THAT ON PAGE 47, 4TH PARAGRAPH, "DOLLARD" BE CHANGED TO READ "DOLLAR." THESE CORRECTIONS HAVING BEEN MADE, ON -MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED -THE MINUTES OF THE REGULAR MEETING OF MAY 4, 1977, AS WRITTEN. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR PERMIT TO CARRY A CON- CEALED FIREARM OF STANLEY C. LOTT. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR RENEWAL PERMIT TO CARRY A CONCEALED FIREARM OF THE FOLLOWING: MARION N. HARGETT WILLIAM ROBERT COCHRAN JAMES P. MAIN ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED ISSUING DUPLICATE TAX SALE CERTIFICATE No. 136 TO JOSEPH E. O'ROURKE. �n of (C-� 6 ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR .JUDITH WAKEFIELD, COUNTY EXTENSION DIRECTOR, AND SECRETARY Ta FORT PIERCE MAY 20, 1977, FOR TRAINING SESSION ON CHANGES IN UNIVERSITY RECORDS PROCESSING. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAY ROLLS, CIRCUIT COURT, SPRING TERM, 1977, IN THE AMOUNTS OF $95.80 AND $100.68. THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: COUNTY COURT DEPARTMENT, TRAFFIC VIOLATION BUREAU, MONTHLY RINANCIAL KEPORT - APRI PORT OF CONVICTIONS, LIRCUIT COURT, APRIL, 1977 DISCUSSION ENSUED ON THE RECOMMENDATION OF FINANCE OFFICER JACKSON TO ADOPT A BUDGET AMENDMENT INCREASING THE HOSPITAL - MEDICAID ACCOUNT BY $18,000 FROM RESERVE FOR CONTINGENCIES AS THE BILLINGS THIS YEAR ARE HIGHER THAN ANTICIPATED. COMMISSIONER LOY ASKED IF THESE ARE ALL BILLS THAT HAVE BEEN PAID TO HOSPITALS OUTSIDE OF THIS COUNTY, WITH THE EXCEPTION OF SEBASTIAN MEDICAL CENTER. FINANCE OFFICER JACKSON ANSWERED THAT THESE ARE ALL BILLINGS DONE BY THE STATE OF FLORIDA AND ARE NOT PAYMENTS TO THE INDIAN RIVER MEMORIAL -HOSPITAL. HE CONTINUED THAT RULES FOR PAYMENTS TO UNWED MOTHERS AND DEPEN- DENT CHILDREN APPARENTLY HAVE BEEN RELAXED, THE BILLINGS FOR JANUARY AND FEBRUARY, 1977, ARE GREATLY INCREASED OVER LAST YEAR'S AVERAGE MONTHLY BILLING, AND THE TREND SEEMS TO BE RAISING. COMMISSIONER LOY FELT THAT THIS SITUATION WOULD BEAR MORE CHECKING INTO ON THE STATE LEVEL BEFORE ANY BUDGET TRANSFER IS MADE, SHE NOTED THAT WE HAVE NO CONTROL: OUR ONLY CONTROL IS TO OBJECT. AFTER FURTHER DISCUSSION, THE CHAIRMAN INSTRUCTED FINANCE OFFICER .JACKSON TO HOLD UP PAYMENT OF THIS BILL FOR A FEW WEEKS AND IN THE MEAN- TIME DO SOME FURTHER CHECKING WITH THE STATE ON THIS SITUATION. CHAIRMAN WODTKE ANNOUNCED THAT ITEM 20A WILL BE WITHDRAWN FROM TODAY'S AGENDA AS THE DATA PROCESSING STUDY COMMITTEE'S REPORT HAS NOT BEEN FINALIZED. MAy 1977 aoot 2u 37 SHERIFF JOYCE APPEARED AND INFORMED THE BOARD THAT HE HAS GONE OVER HIS PLANS TO CREATE ADDITIONAL FLOOR SPACE BY PARTITIONING OFF PART OF THE UPSTAIRS CORRIDOR BY HIS OFFICE WITH BUILDING DIRECTOR ADAMS. HE STATED THAT ALL THE ELECTRIC WORK WILL BE DONE BY A CITY LICENSED ELECTRICIAN, AND THE WALLBOARD WILL HAVE A MINIMUM ONE-HOUR FIRE RATING AS SET OUT ON THE FLOOR PLAN, COMMISSIONER LOY ASKED THE SHERIFF IF HE HAD CHECKED `HIS PLAN OUT WITH THE FIRE DEPARTMENT AS SHE FELT WE MUST BE CERTAIN THAT ALL FIRE REGULATIONS ARE COMPLIED WITH. SHERIFF .JOYCE AGREED THAT HE WILL CHECK THE PLAN OUT WITH THE FIRE DEPARTMENT. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE LAY -OUT PRESENTED BY THE SHERIFF AND AUTHORIZED THE ADMINISTRATOR TO PROCEED WITH THE WORK INVOLVED, SUBJECT TO APPROVAL OF THESE PLANS BY THE FIRE DEPARTMENT. SAID LAYOUT IS HEREBY MADE A PART OF THE MINUTES. 3 MAY 18197 ec�i�2 9 3. 0 MAY 18 1977 ca IL IT 29a, 38(3, DEPARTMENTAL CORRESPONDENCE DATE may 19 1) 1977 Joyce, Sheriff DEPT Indian River County FROM Forrest R. Smith, Chief _DEFT Vero Beach)ept. SUBJECT Renovation of Sheriff's Office, County Court House A review of the proposed renovation of the above subject was made by our Department.and everything was found to be in order. Specifications introduced by the City of -'Vero Beach Building Deparmtnent make it adhere to fire requirements. FRG/ cc: Don Adams, Building Director CACCADES LI -C2397 MAY 18 1977 SHERIFF JOYCE INFORMED THE BOARD THAT HE HAS NOW RECEIVED SIX CARS OF THE 13 BID ON (THE OTHERS ARE TO ARRIVE SHORTLY), BUT WILL ONLY BE ALLOWED APPROXIMATELY In THE TRADE-IN VALUE ORIGINALLY FIGURED AS ALL THE CARS ORIGINALLY PLANNED TO BE TRADED ARE NOW DOWN AND NEED EX- TENSIVE REPAIRS DUE TO THE DELAY IN DELIVERY, CHAIRMAN WODTKE NOTED THAT THE DELAY IN DELIVERY WAS NOT THE SHERIFFS FAULT AND FELT THAT THE SHERIFF SHOULD NOT BE PENALIZED FOR IT BY HAVING TO PAY MORE, HE SUGGESTED THAT THIS BE KEPT IN MIND WHEN PUR- CHASING CARS IN THE FUTURE, S. PETE MUSICK, SURVEYOR, APPEARED REPRESENTING MR. AND MRS. JOHN LUNDMARK REQUESTING FINAL APPROVAL OF EXECUTIVE MANOR SUBDIVISION, UNIT N0. 1. HE NOTED THAT THE SWALE DITCHES ARE COMPLETED EXCEPT FOR SEEDING, AND ALL OTHER ITEMS HAVE BEEN COMPLETED. THIS IS FOR THE NnRTH EIGHT LOTS ONLY. ADMINISTRATOR JENNINGS EXPLAINED THAT THIS IS ACTUALLY JUST UNIT 1 OF THE PLAT THAT WAS GIVEN TENTATIVE APPROVAL, MR. LUNDMARK WISHES TW COMPLETE THESE EIGHT LOTS AND GET STARTED BUILDING. THE ADMINISTRATOR STATED THAT THE DRAINAGE IS ALL RIGHT AND THE EIGHT LOTS ARE IN SATIS- FACTORY CONDITION, WITH THE EXCEPTION OF THE GRASS SEEDING WHICH CAN BE DONE AT ANY TIME, COMMISSIONER SIEBERT ASKED HOW FINAL APPROVAL OF UNIT 1 WOULD AFFECT THE BALANCE OF THE SUBDIVISION, THE ADMINISTRATOR STATED THAT IF THE SECOND UNIT IS NOT COM- PLETED BY OCTOBER, THE DEVELOPER WOULD HAVE TO COME BACK AND REQUEST AN EXTENSION, . ATTORNEY COLLINS MENTIONED THAT SOME OF THE UTILITY COMPANIES HAVE HAD PROBLEMS WITH GETTING ON EASEMENTS, HE ASKED IF MR. MUSICK FELT THE LUNDMARKS WOULD OBJECT TO INCLUDING ON THE PLAT A STATEMENT THAT THE EASEMENTS ARE AVAILABLE FOR USE BY PUBLIC UTILITIES, .MR. MUSICK DID NOT FEEL THIS WOULD BE A PROBLEM. ON MOTION BY COMMISSIONER SIEBERTO SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL OF EXECUTIVE MANOR SUBDIVISION, UNIT NO. 1, SUBJECT TO SEEDING OF THE SWALE DITCHES AND IN- CLUSION ON THE PLAT OF THE PUBLIC UTILITIES DEDICATION AS OUTLINED BY THE ATTORNEY. 2 0 MAY 181977' ZONING DIRECTOR DEWEY WALKER APPEARED ACCOMPANIED BY ANNIE LOU KNOWLES, WHO IS REQUESTING A SPECIAL EXCEPTION TO ORDINANCE 74-20 IN ORDER TO BUILD ON HER PROPERTY, ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS DONE LEGAL WORK FOR DR. DAY, OWNER OF INDIAN RIVER TRAILS, WHICH IS LOCATED NEXT TO THE PROPERTY UNDER DISCUSSION, AND HE FELT IT SHOULD BE NOTED THAT HE DOES HAVE OTHER INTERESTS, ZONING DIRECTOR WALKER STATED THAT THIS IS A STANDARD EXCEPTION, MRS. KNOWLES HAS OWNED THE PROPERTY SINCE 1967 AND IS ON A -PRIVATE DRIVE, NOT A PUBLIC ROAD. HER DEED CALLS FOR AN EASEMENT ON THE WEST 15' WHICH DOES GIVE HER INGRESS AND EGREES TO HER PROPERTY, AND SHE WISHES TO BUILD HER HOME IN THE CENTER OF THE TWO LOTS. MR. I4ALKER NOTED THAT HER PROP - ERT� IS R-1 AND IS SURROUNDED BY DF, DAY'S PROPERTY, INDIAN RIVER TRAILS, WHICH IS R -2A. HE FURTHER NOTED THAT THERE IS A DOUBLE -WIDE TRAILER NEARBY, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY GRANTED A SPECIAL EXCEPTION TQ ANNIE LOU KNOWLES AS REQUESTED, THE FINANCE OFFICER DISCUSSED WITH THE BOARD A PROPOSED RESOLU- TION IN REGARD TO PURGING THE EQUIPMENT INVENTORY RECORDS OF ALL ITEMS VALUED AT LESS THAN ONE HUNDRED DOLLARS, EXCEPT THOSE SPECIFICALLY RE- QUIRED.BY THE BOARD TO BE RETAINED AS INVENTORIED ITEMS, HE INFORMED THE BOARD THAT CHAPTER 274 OF THE STATUTES, WHICH IS COUNTY PROPERTY LAW, HAS BEEN REVISED TO RAISE THE MINIMUM VALUE FROM $25,00'70 $100,00 SO IT IS NO LONGER NECESSART TO RETAIN THESE LOW VALUE ITEMS IN INVENTORY UNLESS THE BOARD SO DESIRES. MR. .JACKSON FELT.SOME COST SAVINGS COULD RESULT FROM IMPLEMENTING A PROGRAM OF COMPUTER RUNS WHEREBY CERTAIN PEOPLE ARE CHARGED WITH REPORTING RESPONSIBILITY ON COUNTY EQUIPMENT. HE FURTHER POINTED OUT THAT THESE LOW COST ITEMS COMPRISE 4$% OF THE INVENTORIED ITEMS, BUT ONLY 3% OF THE VALUE. CHAIRMAN WODTKE NOTED THAT ONE THING WE HAVE HAD SOME DIFFICULTY WITH IS OUR FIRE EXTINGUISHERS. HE FELT THESE SHOULD BE KEPT ON THE COM- PUTER PRINT-OUTS SO THEY CAN BE.EASILY LOCATED AND IDENTIFIED WHEN WE ARE BILLED FOR SERVICE ON THEM, THE CHAIRMAN SUGGESTED THAT ANY ITEMS REQUIR- ING SERVICE BE KEPT ON INVENTORY, 0 MAY 181971 N COMMISSIONER SIEBERT DISCUSSED REVIEWING A LIST OF THE LOW VALUE ITEMS BEFORE DE -TAGGING THEM, AND FINANCE OFFICER JACKSON STATED THAT THERE ARE 1,100 OF THESE ITEMS. COMMISSIONER Loy SUGGESTED INSTEAD OF A LIST OF THE ITEMS TO BE DE -TAGGED, FINANCE OFFICER JACKSON PREPARE A LIST OF THE ITEMS HE WOULD RECOMMEND REMAIN TAGGED AS SHE DISLIKED ADOPTING THE RESOLUTION WITHOUT SOME KIND OF A LIST TO GO WITH IT. SHE ALSO NOTED THAT THERE I'S A PSYCHO- LOGICAL AFFECT IN HAVING EQUIPMENT TAGGED AND THOUGHT POSSIBLY THE EQUIP- MENT THAT IS DE -TAGGED AND NOT PERMANENTLY INVENTORIED SHOULD HAVE A DIF- FERENT TYPE TAG STATING THAT IT IS COUNTY PROPERTY, ATTORNEY COLLINS ASKED WHAT THE BENEFIT IS OF DE -TAGGING ITEMS THAT ARE ALREADY TAGGED, FINANCE OFFICER JACKSON REPLIED THAT EVERYTHING THAT IS ON INVENTORY MUST BE COUNTED AT LEAST ONCE A YEAR AND RECORDS KEPT, WHICH IS AN EXPENSIVE PROCEDURE. BY DE -TAGGING, HE FELT THE INVENTORY COULD BE KEPT DOWN TO A MANAGEABLE SIZE. AFTER FURTHER DISCUSSION, CHAIRMAN WODTKE INSTRUCTED THE FINANCE OFFICER TO SUBMIT TO THE BOARD A LIST OF ITEMS TO BE DETAGGED. COMMISSIONER SIEBERT FELT THE LAST "BE IT FURTHER RESOLVED" PARAGRAPH IN THE PROPOSED RESOLUTION WHICH REFERS TO THE SUPERVISORY PERSONNEL OF THE BOARD AND THE CLERK WORKING TOGETHER WAS NOT NECESSARY AND AFTER DISCUSSION, THE BOARD AGREED AND DECIDED TO DEFER FURTHER CON- SIDERATION OF THE PROPOSED RESOLUTION AT THIS TIME. THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: .11 I Y 18 1977 �;r 5 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being NOTICE NOTICE IS HEREBY GIVEN thatthe Board a of County Commissioners of Indian River County, Florida, will receive bids to the hour of p 9:30 A.M. Wednesday, May Is, 1977, for the following: In the matter of PJ A t .v, r: TA a Cl— & co One (1) new 10.12 Cubic Yard Dump Truck Specifications, instructions to bidders and bidding blanks are available at the Office of the County Administrator, Room 115, County Court House, or will be mailed upon request. in the Court, was pub- The Board of County Commissioners reserves the right to reject any or all of the f lashed in said newspaper in the issues of ids make awards any manner which the Board considers to berin the best me est of _Indian River County, Florida. Bids for the above item shall be submitted in r an envelope securely seated and marked on the outside to show the item being bid on and the date and time of the opening. The bids may be I mailed or delivered to the Office of the Ctunty Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore Administrator,.RooFh Its, County Court otr_ , Vero Beach,' Florida, been continuously published in said Indian River County, Florida, weekly and has been entered r as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida 32960. ProN ,als retceived urned er 9:30 A.M. May 18, 1977, will be unopened. for a period of one year next preceeding the first publication of the attached copy of adver- Indian River County, Florida tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver.BY: Board of County Commissioners William C. WodtkeJr., Chairman tisement for publication in the said newspaper. May 4, 8,1977. Sworn to and subscribed before me this 9 da of� A.D.19 ? l ' (Busine anger) (SEAQ (Clerk of the Circuit Court, Indian River t4.ty, Florida) THE CHAIRMAN. THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: MITON EQUIPMENT COMPANY, FO I P ERCE HARVESTER INTERNATIONAL #F U5O $28,520.00 VEDE FO VERO BEACH ET. 8,886 $28.290.45 ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER - SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED TO THE ADMINISTRATOR FOR EVALUATION. THE HOUR OF 9:30 O'CLOCK.A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: aY 1977 sir _ 385 . VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a die e 0 NOTICE NOTICE IS HEREBY GIVEN that the Board In the matter of Qlll�t_r 0 Of County Commissioners of Indian River County, Florida, will receive bids to the hour of 5_30 A.M. Wednesday, May IS, 1977, for the following: . * Janitorial Service for Indian River County Court House, Annex, and Planning and Zoning Offices In the Court, was pub- located In the Pocahontas Building. Speciicaion, intructions to bidders an biddingfblatnkssaresavailable at the Office of the County Administrator, Room 115 County lished in said newspaper in the issues of 19_7'7 Court house, or will be mailed upon request. Of County mi Comssioners he Bright resTerves the right to reject any or all of the -..bids and make awards in any manner which the Board considers to be In the best interest of Indian River County, Florida. Bids for the above item shall be submitted in Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, In said Indian River County, and that the said newspaper has heretofore an envelope securely sealed and marked on the outside to show the item being bid on and the 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 thOffice the 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- Of County Administrator, R Room I ISe, County Court House , Vero tiserrent; and affiant further says that he has neither paid nor promised any person, firm or Beach, Florida, 32960. Proposals received after 9:30 A.M. May 16, 1911, will be corporation any discount, rebate, commission or refund for the purpose of securing this adver- returned unopened tisement for publication in the said newspaper. Indian River County, Florida Sworn to and subscribed before me this 61 A.- M'/ne'l, A.D.19-2<2 Swo Board of County Commissioners BY: William C. WOd1tke Jr. Chairman May 1, 4,1977. (BtminesjWpniger) (Clerk of the Circuit Court, Indian Rivery'rity, Florida) (SEAU --THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: COAST TO COAST JANITORIAL SERVICE $1,291.00 PER MONTH ARCHIE ADAMS JANITORIAL SERVICE $1,900.00 PER MONTH ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED , TO THE ADMINISTRATOR FOR EVALUATION, ADMINISTRATOR JENNINGS DISTRIBUTED TO THE BOARD A LIST EVALUATING THE BIDS RECEIVED AT THE MEETING OF MAY 4TH ON A FOUR—DOOR, SEDAN AS FOLLOWS: 10 11 PAY I's IRM 386 1 FOUR DOOR SEDAN Mnv d_ 1Q77 N?1•1E OF COMPANY MAKE C. I. D., ALL SPECS. ALTERNATES PRICE Veld& Ford, Inc. Ford 351-V-8 Yes None $5,257.54 L.T.D. Trade-in 550.00 $4,707.54 Joe Martino Plymouth Gran Fury 360 Yes None Trade-in $1,592.81 Total $4,472.14 Vero Beach Mercury 350 Yes None $5,505.00 Lincoln Mercury 2;iarquis Trade-in 750.00 ,a $4,755.00 C14 - Go �7 CIQ THE ADMINISTRATOR INFORMED THE BOARD THAT HE DOES NOT CON- i SIDER THE LOW PRICE A SATISFACTORY BID. HE CONTINUED THAT HE DOES FEEL j WE SHOULD HAVE ONE LARGER CAR AVAILABLE FOR COUNTY USE AND THE ''MERCURY WHICH HE WOULD RECOMMEND, HAS A HEAVIER WHEEL BASE, BUT IT IS ALSO THE i HIGHEST BID. ADMINISTRATOR .JENNINGS STATED THAT THE PRESENT CAR HE IS USING is 5-1/2 YEARS OLD, BUT I:T HAS BEEN WELL TAKEN CARE OF AND HE 1 WOULD RECOMMEND CANCELING ALL BIDS AND CONTINUING TO USE THE PRESENT CAR A WHILE LONGER, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AGREED NOT TO ACCEPT ANY OF THE BIDS AS RE- COMMENDED BY THE ADMINISTRATOR. PERSONNEL DIRECTOR DONLON DISCUSSED WITH THE BOARD THE BIDS RECEIVED ON THE GROUP HEALTH AND LIFE INSURANCE PROGRAM, HE NOTED THAT ALL THE BIDS WERE ACCEPTABLE AND MOST OF THEM DID MEET OUR SPECIFICATIONS, THOUGH IT WOULD APPEAR THAT SOME OF THE COMPANIES DID NOT WANT TO MAKE A LINE BY LINE COMPARISON WITH OUR PRESENT SPECIFICATIONS, HE NOTED HE HAD TAKEN EACH OF THE BENEFITS WE NOW HAVE AND PUT A BLANK LINE BY IT SO THE BIDDING COMPANY COULD SHOW US WHAT THEY WOULD BE GIBING FOR THAT PARTICULAR BENEFIT. THE BREAKDOWN EVALUATING THESE BIDS IS HEREBY MADE A PART OF THE MINUTES. 12 MAY 18 1917 .Boot 388 I -1 HEALTH & LIFE INSURANCE I 5/12/77 00 kUN11jult.Li rZ.QAk.LWvA BASED ON 136 EMPLOYEES 98 DEPENDENTS C0Y AGENT SPECS ALTERNATES MONTHLY PREMIUM $2,000 LIFE INS, Mass. Matual Ed Schlitt Acceptable See Bid Employee $32.22 $117,187.44 Life Ins. CO. Agency.- Dependent 53.77 • Emp. Life 1.68 Total $87.67 :lass. I.Iutual Arden Ins. Equal to' :.See Bid Employee $30.36 Em, $116, 818.08 Life Ins. Co. Sirvices present Dependent 52.66 policy Emp. Life 1.64 • Total $84.66 Prude ntial Carl Dappen Acceptable* See Bid Employee $30.11 $103,876.32 ' Ins. Co. Dependent 44.38 Emp. Life 1.56 Total $76.05 Cross Ed Brown Same as See Bid Employee $25.30 90,57.4'.56 Blue Shield • Present Dependent- 39.30 Enp. Life --1.88- Total $66.48. 00 CHAIRMAN VIODTKE REQUESTED THAT MR. DONLON EXPLAIN THE $90,574.56 FIGURE SHOWN ON THE EVALUATION SHEET FOR BLUE CROSS AS COMPARED TO THE $70,518.92 THEY ACTUALLY BID. MR. DONLON EXPLAINED THAT THE BLUE CROSS -BLUE SHIELD BID WAS BASED ON THEIR ACTUAL BILLING FOR THE MONTH OF APRIL, AND THERE ARE ELI- GIBLE EMPLOYEES NOW THAT WERE NOT INCLUDED IN THEIR PLAN SO HE REFIGURED THEIR BID ON A BASIS OF 136 EMPLOYEES AND 98 DEPENDENTS TO MAKE IT COM- PARABLE WITH ALL THE OTHER BIDS, CHAIRMAN WODTKE ASKED ABOUT MATERNITY BENEFITS UNDER THE BLUE CROSS -BLUE SHIELD PLAN. DELIVERY.. MR. DONLON STATED THEY ALLOW A MAXIMUM OF $163.00 FOR A NORMAL CHAIRMAN WODTKE DISCUSSED POSSIBLY INCREASING BENEFITS:FOR THE DAILY ROOM RATES AND DROPPING MATERNITY BENEFITS, BUT NOTED IF THE MATER- NITY BENEFITS WERE REMOVED IT WOULD BE ONLY 96� LESS PER EMPLOYEE, ED BROWN, AGENT FOR BLUE CROSS -BLUE SHIELD, EXPLAINED THAT THE 9R REDUCTION IS DICTATED BY RATE EXPERIENCE, AND THERE HAS BEEN VERY LITTLE USAGE OF THIS PARTICULAR BENEFIT. HE POINTED. OUT THAT MAJOR MEDI- CAL WOULD PICK UP THE DIFFERENCE ON A CAESARIAN. MR, BROWN PRESENTED THE BOARD WITH A LIST OF ALTERNATES IN REGARD TO UPGRADING THE PRESENT GROUP INSURANCE PROGRAM, AND RECOMMENDED INCREASING THE DAILY ROOM AND BOARD ALLOWANCE FROM $55.00 TO $65.00 PER DAY AND THE GROUP TERM LIFE INSURANCE FROM $2,000 TO $5,000. IN FURTHER DISCUSSION, THE BOARD EXPRESSED CONCERN ABOUT CON- SIDERING SOMETHING DIFFERENT THAN WAS BID. CHAIRMAN WODTKE NOTED THAT WE HAVE ANOTHER MEETING BEFORE OUR INSURANCE EXPIRES AND POSSIBLY WE SHOULD HAVE SOME FURTHER STUDY, COMMISSIONER.LOY SAID SHE SAW NO REASON TO DELAY ANY FURTHER AND RATHER THAN GET DOWN TO THE DEADLINE, FELT WE SHOULD ACCEPT THE LOW BID. COMMISSIONER SIEBERT STATED THAT HE FELT IF WE ARE GOING TO ACCEPT THE LOW BID, IT SHOULD BE.ACCEPTED AS IS AND INCREASING THE BENEFITS CAN BE CONSIDERED NEXT YEAR, MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, TO AWARD THE GROUP INSURANCE CONTRACT TO BLUE CROSS -BLUE SHIELD BASED ON THE BID OF $90,574.56 TO COVER 136 EMPLOYEES AND 98 DEPENDENTS. 14 MAY 181977 ccs ' THE CHAIRMAN WISHED IT MADE CLEAR TO THE PRESS THAT ALTHOUGH THE BLUE CROSS -BLUE SHIELD BID WAS $70,518.92, WE ARE ACCEPTING IT AT A FIGURE OF $90,574.56, WHICH IS A COMPARABLE FIGURE BASED ON 136 EMPLOYEES: I.E., WE ARE BASICALLY APPROVING A MONTHLY PREMIUM OF $66.48 PER EMPLOYEE ON A DEPENDENT BASIS OR $27.18 ON AN INDIVIDUAL BASIS. THE CHAIRMAN CALLED FOR THE (QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. ATTORNEY COLLINS REPORTED IN REGARD TO BUD JENKIN'S MINING OPERATION WHICH IS UNDER A CEASE AND DESIST ORDER THAT MR. JENKINS IS PRESENTLY NEGOTIATING WITH DICKERSON, BUT NOTHING HAS BEEN DEFINITELY FIRMED UP AT THIS TIME, ADMINISTRATOR JENNINGS STATED THAT HE HAS TALKED TO MR. JENKINS AND THE PEOPLE FROM DICKERSON, AND THEY ARE TRYING TO WORK OUT SOME AR- RANGEMENT FOR THE REOPENING OF MR. .JENKIN'S MINING OPERATION THAT WILL BE IN CONFORMITY AND SATISFACTORY TO THE COUNTY, COMMISSIONER SIEBERT DISCUSSED VERO MALL'S OBTAINING THEIR ZONING CERTIFICATE, BUT NOT THEIR BUILDING CERTIFICATE AS YET, HE NOTED THAT TO OBTAIN THE ZONING CERTIFICATE THEY HAD TO EXCLUDE MORRISON'S CAFETERIA AS THEY DID NOT HAVE SUFFICIENT PARKING SPACES, AND FURTHER NOTED THAT HE UNDERSTOOD THAT THEY HAVE ENTERED INTO A CONTRACT WITH MORRISON'S EVEN THOUGH THEY DO NOT HAVE ENOUGH PARKING SPACE, HE -ASKED RIVERS ANDERSEN, REALTOR, IF THAT INFORMATION IS CORRECT, MR. ANDERSON STATED THAT HE DOES NOT HAVE ANY INFORMATION ABOUT THIS, BUT NOTED THAT ACCORDING TO COUNTY PLANNER BRENNAN THE PARKING REQUIREMENTS ARE BASED ON AN INDEPENDENT STANDING OPERATION RATHER THAN A WHOLE GROUP OF STORES, AND THESE PARKING REQUIREMENTS DO NOT ALLOW FOR THE EBB AND FLOW THAT WOULD BE COMPLEMENTARY FROM ONE BUSINESS TO ANOTHER, HE CLAIMED THE PARKING SPACES NECESSARY FOR THE STORES ARE MORE THAN ADE- QUATE, BUT ACCORDING TO THE CODE, ARE NOT SUFFICIENT FOR THE CAFETERIA, COMMISSIONER SIEBERT NOTED THAT HIS POINT IS THAT THE ZONING CERTIFICATE WAS ISSUED ON THE BASIS OF NO CAFETERIA BECAUSE THEY ARE 89 PARKING SPACES SHORT, AND HE WOULD NOT WANT ANYONE TO HAVE TO COME BACK AND HAVE PROBLEMS BECAUSE THE EXACT NUMBER OF PARKING SPACES ARE NOT AVAILABLE. COMMISSIONER SIEBERT CONTINUED THAT HE ALSO UNDERSTOOD THAT 15 MAY 18 1977 THE DOT WILL NOT EXPAND THE OUTFALL DITCHES AND THAT THERE IS A SERIOUS RUN-OFF PROBLEM. HE FURTHER NOTED THAT THE MALL DOES NOT REQUIRE A SITE PLAN REVIEW, AND THE DRAINAGE PROBLEM MUST BE SOLVED. MR. ANDERSON STATED THAT THEY ARE ALLOWING FOR A 1" RETENTION ON SITE. WHICH NO OTHER COMMERCIAL ESTABLISHMENT. IN THE AREA DOES. COMMISSIONER SIEBERT STATED THAT HE JUST WISHED THE DEVELOPER TO BE PUT ON NOTICE -THAT THESE PROBLEMS EXIST AND SHOULD BE CONSIDERED. HE POINTED OUT THAT IF THERE IS NOT ADEQUATE PARKING, A VARIANCE OR POSSIBLY A NEW ORDINANCE WILL BE NECESSARY. DON ADAMS, BUILDING DIRECTOR, NOTED THAT HE HAD THROWN UP A RED FLAG IN REGARD TO THIS SITUATION BEFORE AND IS NOW AT THE POINT OF ISSUING A BUILDING PERMIT. HE STATED THAT THE PERMIT WOULD BE ISSUED ONLY ON A RETAIL SALES BASIS FOR THE ENTIRE MALL, AND IT COULD HAPPEN THAT TREY COULD HAVE A COMPLETED BUILDING AND NO OCCUPANCY PERMIT.IF THEY SHOULD PUT IN A MORRISON`S WITHOUT THE PROPER NUMBER OF PARKING SPACES. ADMINISTRATOR ,KENNINGS INFORMED THE BOARD THAT A YEAR OF TWO AGO THE DOT SENT A LETTER REQUESTING THAT ANY PROJECTS OF THIS KIND IN THAT AREA BE REVIEWED BY THEM,AND HE WOULD LIKE TO HAVE Az,LETTER S.HOWIN_G,.THAT THE DOT WAS CONSULTED, DON ADAMS INDICATED THAT HE HAS A LETTER FROM COUNTY PLANNER BRENNAN INDICATING THAT THE PLAN WAS APPROVED BY DOT WITH RESPECT TO DRAINAGE, BUT THE ADMINISTRATOR FELT WE SHOULD HAVE AN ACTUAL LETTER FROM THE DOT. CHAIRMAN WODTKE INSTRUCTED THE ADMINISTRATOR TO CONTACT THE DOT AND REQUEST A LETTER FROM THEM APPROVING THE RUN-OFF, COMMISSIONER SCHMUCKER STATED HE DID NOT FEEL A BUILDING PERMIT SHOULD BE REFUSED AS LONG AS IT IS ISSUED FOR RETAIL SALES ONLY, BUT AGREED THAT THE PROBLEM IN REGARD TO MORRISON'S CAFETERIA SHOULD BE POINTED OUT TO THE DEVELOPER, BUILDING DIRECTOR ADAMS SUGGESTED THE BOARD CHECK THE COUNTY ORDINANCE RE PARKING REQUIREMENTS., NOTING THAT A FOOD ESTABLISHMENT DOES NOT QUALIFY AS A RETAIL ESTABLISHMENT. HE ALSO NOTED THAT THE WORDING IN THE CITY'S ORDINANCE DOES NOT DEAL WITH CHANGE OF OCCUPANCY AS RELATED TO PARKING REQUIREMENTS, 16 MAY I$1917 rro�?� ; RIVERS ANDERSON AGAIN DISCUSSED PARKING AS RELATED TO THE EBB AND FLOW OF CUSTOMER TRAFFIC, BUT CHAIRMAN WODTKE INFORMED HIM THAT THE DEVELOPER MUST REALIZE IF HE PUTS HIMSELF IN A DIFFICULT POSITION. THE BOARD WILL NOT SOLVE HIS PROBLEM FOR HIM, AND HE STRONGLY URGED THAT THE PARKING PROBLEM RELATED TO MORRISON'S BE SOLVED BEFORE BUILDING BEGINS, BUILDING DIRECTOR ADAMS ASKED IF THE BOARD WISHED HIM TO ISSUE THE BUILDING PERMIT. ATTORNEY COLLINS FELT THERE COULD BE A PROBLEM IF THE BOARD WERE PUT ON NOTICE THAT THERE WILL BE A MORRISON'S CAFETERIA AND THEN LET THE PERMIT BE ISSUED REGARDLESS, IN DISCUSSION IT WAS NOTED THERE HAS BEEN NO DIRECT NOTICE, BUT THERE HAVE BEEN ARTICLES ABOUT THIS SUBJECT IN THE LOCAL NEWSPAPERS, BUILDING DIRECTOR ADAMS ASKED IF HE COULD ISSUE A BUILDING PER- MIT ON AFFIDAVIT BY THE DEVELOPER THAT HE IS BUILDING RETAIL SALES ONLY, AND THE BOARD AGREED THAT WAS ACCEPTABLE, BUILDING DIRECTOR ADAMS INFORMED THE BOARD THAT IT HAS BEEN NECESSARY TO UPDATE THE SOUTHERN STANDARD BUILDING CODES AS THE ADDENDUMS HAVE GROWN AS LARGE AS THE CODE ITSELF AND THEY HAVE GONE TO A SIMPLIFIED PRINTING, HE STATED THAT HE HAS GIVEN THREE COPIES OF THE UPDATED CEDES TO THE ADMINISTRATOR FOR THE CLERK'S OFFICE AND WOULD LIKE THE BOARD TO ADOPT THE LATEST EDITION OF THE 1976 STANDARD BUILDING CODE, THE 1976 STANDARD GAS CODE, THE 1976 STANDARD MECHANICAL CODE AND THE 1975 STANDARD PLUMBING CODE WITH 1976 REVISIONS. �ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMmISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO DRAW UP APPRO- PRIATE ORDINANCES ENABLING THE COUNTY TO ADOPT THE CODES AS ABOVE AND TO ADVERTISE THEM FOR A PUBLIC HEARING. BUILDING DIRECTOR ADAMS PRESENTED TO THE BOARD FOR THEIR REVIEW COPIES OF A PRELIMINARY.BUDGET - ONE FOR A COUNTY BUILDING DEPARTMENT AND ONE FOR A CITY -COUNTY BUILDING DEPARTMENT. ATTORNEY KENDALL SHARP APPEARED, ACCOMPANIED BY HEPBURN WALKER, REPRESENTING 40 RESIDENTS OF THE COUNTY WHO LIVE BETWEEN THE MOORINGS AND THE SOUTH COUNTY LINE AND WISH TO ESTABLISH A WATER DISTRICT, HE PRESENTED A PETITION SIGNED BY 39 RESIDENTS, ATTORNEY SHARP INFORMED THE BOARD THAT THESE PEOPLE WISH TO HAVE A LEGAL MEANS TO WORK OUT A PROCE- DURE SO THEY CAN RUN A WATER LINE TO HOOK UP WITH THE SOUTH COUNTY, ATTORNEY SHARP CONTINUED THAT THEY HAVE BEEN TO THE CITY OF VERO BEACH, 17 393 AND CITY MANAGER LITTLE INFORMED THEM THAT THE CITY, UNDER THE TRIPARTITE AGREEMENT, MUST PROVIDE WATER TO THE WHOLE SOUTH BEACH AREA, AND THEY DO HAVE THE WATER TO PROVIDE, ATTORNEY SHARP CONTINUED THAT THE PEOPLE IN THE PROPOSED DISTRICT LIVE SOUTH OF SPYGLASS LANE AND THE MOORINGS ALL THE WAY DOWN TO THE ST. LUCIE COUNTY LINE, BUT NINETY-NINE PERCENT OF ALL THE HOUSING IN THIS AREA IS WITHIN 5/10 OF A MILE FROM THE PRESENT WATER LINE, THE REMAINING AREA (1.6 MILES ALTOGETHER) IS MAINLY UNINHABITED. THESE PEOPLE WISH TO SET UP A LEGAL MEANS TO WORK OUT ASSESSMENTS SO THEY CAN GET CITY WATER AS THEY HAVE SEVERE WATER PROBLEMS, ATTORNEY COLLINS NOTED THAT THERE ARE rNin ALTERNATIVES - THE COUNTY CAN SET UP A MUNICIPAL SERVICE TAXING DISTRICT OR THE RESIDENTS BY REFERENDUM CAN SET UP A SPECIAL TAXING DISTRICT. CHAIRMAN WODTKE EXPLAINED THAT BY ORDINANCE THE COUNTY CAN CREATE A MUNICIPAL SERVICE TAXING DISTRICT AND THE COUNTY WOULD RUN THE DISTRICT, BUT IF THE PEOPLE WISH TO RUN THE DISTRICT THEMSELVES, PREPARE THE BUDGET, ETC,, THEY CAN, BY REFERENDUM, SET UP A SPECIAL TAXING DISTRICT SIMILAR TO ROCKRIDGE.STREET LIGHTING DISTRICT. COMMISSIONER Loy POINTED OUT THAT IF THE:COUNTY SET UP A, --MUNICI- PAL SERVICE TAXING DISTRICT, IT WORLD BE A YEAR BEFORE WE COULD FUND IT, HEPBURN WALKER STATED THAT THERE ARE ZO HOMES IN THIS AREA THAT NEED WATER AS SOON AS POSSIBLE, COMMISSIONER SIEBERT ASKED IF SOME ARRANGEMENT COULDN'T BE WORKED OUT WITH THE CITY TO PUT IN THE LINE. CITY MANAGER LITTLE AGREED THAT THE TRIPARTITE AGREEMENT PUTS THE SOUTH END OF THE BEACH IN THE CITY'S SERVICE AREA, BUT THE PROBLEM IS THAT THE CITY -DOESN'T EXTEND SERVICE EVEN IN THE CITY LIMITS TO A DEVELOPER WITH°CITY MONEY, HE FELT THERE MUST BE A FEE TO FULLY FUND THE NEW LINE SO THAT RATES IN.GENERAL WOULD NOT HAVE T0. BE RAISED.TO PAY FOR IT. MR. LITTLE FURTHER NOTED THAT THE CITY'S AGREEMENT WITH THE MOORINGS COVERS FROM THE CITY LIMITS TO THE MonRINGS AND THE AREA NORTH OF THE MOORINGS, AND THE 12" LINE ACTUALLY DOES NOT EVEN PROVIDE ENOUGH WATER FOR THE AREA IT PRESENTLY COVERS. HE CONTINUED THAT HE IS NOW WORKING TO SEE WHAT NEGOTIATED AGREEMENT CAN BE REACHED TO SET THE MOORINGS AGREE- MENT ASIDE, RESERVING THEIR PRESENT RIGHTS, BUT ALLOWING THE CITY TO DEAL WITH OTHER PEOPLE AND GIVE ADEQUATE WATER TO THE ENTIRE AREA, 1: MAY 18 1977 HE INFORMED THE.BOARD THAT AS OF TODAY THERE ARE NO MORE TAPS AVAILABLE ON THE 12" LINE NORTH OF THE MOORINGS. MR. LITTLE FELT A WATER DISTRICT FOR ALL OF THE BEACH SOUTH OF THE CITY LIMITS SHOULD BE CONSIDERED. HE SUGGESTED THAT THE QUICKEST AND LEAST EXPENSIVE SOLUTION WOULD BE TO BUILD A MILLION GALUIN GROUND LEVEL STORAGE TANK CLOSE TO THE PRESENT 100,000 ELEVATED TANK AND INSTALL SEQUENTIAL PUMPS, WHICH HE FELT WOULD GREATLY BENEFIT THE COUNTY BY OPENING UP THE ENTIRE BEACH AREA SOUTH OF THE CITY LIMITS FOR AS MUCH AS TEN YEARS. ATTORNEY SHARP SUGGESTED THAT A WATER DISTRICT BE CREATED SOUTH OF THE MOORINGS AND PROVISIONS MADE WHERE IT COULD BE EXPANDED TO ENCOM- PASS OTHER AREAS, BUT ATTORNEY COLLINS NOTED THAT TAXING DISTRICT LAND HAS TO BE CONTIGUOUS, CITY MANAGER LITTLE POINTED OUT THAT THERE ARE ONLY 20 HOMES NEEDING IMMEDIATE HELP, WHICH HE DID NOT FEEL WOULD HAVE ANY GREAT AFFECT ON THE EXISTING LINE. CHAIRMAN WODTKE INQUIRED IF IT WOULD BE POSSIBLE TO TAKE JUST THE 5/10 OF A MILE AS A DISTRICT ALONE, AND MR. HEPBURN WALKER STATED THAT CITY ENGINEER LLOYD ESTIMATED $52,000 WOULD TAKE CARE OF ALL -THE HOMES ON THAT AREA, MR. LITTLE BROUGHT UP THE PROBLEM OF ABSENTEE LANDOWNERS WHO WOULD NOT WANT TO PARTICIPATE, BUT ATTORNEY SHARP FELT THE PEOPLE IN THE AREA WANT THIS ENOUGH THAT THERE WOULD BE NO PROBLEM WITH ASSESSMENTS. ~ATTORNEY COLLINS ASKED IF THE PROPERTY OWNERS IN THIS AREA WOULD PREFER A MUNICIPAL SERVICE TAXING DISTRICT OR A SPECIAL TAXING DISTRICT. ATTORNEY SHARP FELT THEY WOULD WANT WHICHEVER IS QUICKEST IF THE COST WERE NOT.TOO FAR APART, MR. LITTLE STATED HE FELT THEY WOULD BE MAKING A MISTAKE TO GO ON A MILLAGE BASIS WHICH INVOLVES PROPERTY VALUES AS WHETHER THERE IS A HOUSE ON THE PROPERTY OR NOT WOULD MAKE A GREAT DIFFERENCE. CHAIRMAN WODTKE REITERATED THAT THE EARLIEST WE COULD RAISE FUNDS FOR A MUNICIPAL SERVICE TAXING DISTRICT WOULD BE OCTOBER OF 1978, 19 MAY 181977' CITY MANAGER LITTLE DISCUSSED ASSESSMENT ON A FRONT FOOTAGE BASIS WHICH WOULD BE DIVIDED INTO THE TOTAL PROJECT COST AND STATED THIS COULD BE DONE WITHOUT ESTABLISHING A WATER DISTRICT, ATTORNEY COLLINS AGREED AND NOTED THAT THERE IS STATUTORY AUTHORITY AUTHORIZING THE COUNTY TO ASSESS FOR PARTICULAR PURPOSES, BUT POINTED OUT THAT THE MOORINGS AGREEMENT WOULD HAVE TO BE DEALT WITH, CITY MANAGER LITTLE INFORMED ATTORNEY SHARP THAT IF THE CITY WERE PROVIDED WITH A LEGAL VEHICLE, THEY POSSIBLY COULD FRONT THE MONEY, ATTORNEY SHARP ASKED IF THERE COULD BE A MOTION THAT A STUDY BE MADE, CHAIRMAN WODTKE STATED THAT A MOTION WAS NOT NECESSARY AND IN- STRUCTED ATTORNEY COLLINS TO WORK WITH ATTORNEY SHARP AS REPRESENTATIVE OF THE PEOPLE IN THE SOUTH COUNTY TO COME UP WITH ALTERNATIVES AND REPORT BACK TO THE BOARD. THE CHAIRMAN ASKED THAT THE PETITION EARLIER PRE- SENTED BY ATTORNEY SHARP BE MADE A PART OF THE MINUTES, 20 MAY 1819771 WATER PETITION WE, the undersigned, all being property owners 14 in INDIAN RIVER COUNTY south of the city -county waterline running i # i 1 (i along highway A-1-A do hereby jointly petition the City. of Vero Beach ! and the Indian River County Commission to extend the present waterline to the Saint Lucie County Line along Highway A-1-A so that the undersigned property owners might avail themselves of a hook-up to the water systems. Ij SIG TURE ADDRESS i� 1Al- I / _/_� vVl 1 - �w' !�'\ sC J� 1/. /7 '.•-s \"/f A /YIAhall MAY 1 1977 ' MAY 18 1977 4ow /7 1rl 11_ _ �..ir✓l.W"V Y/� do A.1CL�� �� ✓f � • e q J b Add; I l i WATER PETITION WE, the undersigned, all being property owners in INDIAN RIVER COUNTY south of the city - county waterline running along highway A -1-A do hereby jointly petition the City of Vero Beach - and the Indian River County Commission to extend the present waterline to the Saint Lucie County Line along Highway A -1-A so that the undersigned property owners might avail themselves of a hook-up to the water systems. SIGNATURE ADDRESS c 3 �• �cc� ?9iL , ���' 3 d 3 333 3 33 © Q . I MAY 18 1977 THE BOARD NEXT DISCUSS EDIRE TRIPARTITE AGREEMENT BETWEEN THE CITY OF VERO BEACH, THE COUNTY AND VERO MALL. CITY MANAGER LITTLE REPORTED THAT THE CITY COUNCIL HAD SOME PROBLEMS WITH THE ADDENDUM AND WOULD HAVE A SPECIAL MEETING TONIGHT TO DEAL WITH THEM. HE THEN READ OVER THE ADDENDUM WITH THE BOARD AND STATED THAT ONE OF THE PROBLEMS WAS IN PARAGRAPH 8 WHERE IT SAYS "THE SEWER LINE AND ITS COURSE." ATTORNEY COLLINS STATED HE FELT THE.COUNTY SHOULD OWN THE ENTIRE LINE TO THE PLANT, AFTER FURTHER DISCUSSION, THE WORDING "THE SEWER LINE, AS HEREIN- AFTER DEFINED, AND NECESSARY EASEMENTS" WAS AGREED UPON, ATTORNEY COLLINS REQUESTED THAT THE PHRASE "SUBJECT TO'THE COUNTY'S OPTION TO ASSUME OWNERSHIP" BE LEFT IN THE ADDENDUM, THE CITY MANAGER CONTINUED READING OVER THE ADDENDUM AS REVISED BY THE CITY COUNCIL AND THE FOLLOWING SUGGESTIONS WERE MADE: IN PARAGRAPH 8 "CITY'S RESPONSIBILITY FOR MAINTENANCE OF THE COUNTY SEWER LINE SHALL CONTINUE AS LONG AS CITY IS COLLECTING SEWER RATES FROM VERO MALL AND OTHER SUBSEQUENT CONNECTING PARTIES" SHOULD READ IN- STEAD "CITY'S -RESPONSIBILITY FOR MAINTENANCE OF THE WATER AND SEWER SINE SHALL CONTINUE AS LONG AS CITY IS COLLECTING RETAIL WATER AND SEWER RATES FROM VERO MALL....... ALSO IN PARAGRAPH 8, IT WAS FELT IT SHOULD READ THAT "THE EXACT ROUTING OF THE LINE SHALL BE DETERMINED BY MUTUAL A68EEM61 OF CITY AND COUNTY.,,,,," DISCUSSION THEN FOLLOWED IN REGARD TO THE STATEMENT THAT THE AMOUNT OF INCREMENTAL COST DIFFERENCE BETWEEN A 4" AND 6" LINE PAYABLE BY THE COUNTY WILL NOT EXCEED $3,000.00. RIVERS ANDERSON FELT THE INTENT WAS THAT THE EXCESS COST IN ACTUALITY WOULD BE PAID BY THE COUNTY. IN FURTHER DISCUSSION, IT WAS FELT THAT THE $3,000,00 FIGURE 'WAS AMPLE AND THAT THE SENTENCE ABOUT DETERMINING THE COST BY BIDDING WAS NOT NECESSARY: THAT THE $3,000.00 FIGURE SHOULD BE ADHERED TO AS THE COUNTY'S LIMIT; AND THAT A SENTENCE SHOULD BE ADDED STATING: "THE BALANCE OF INCREMENTAL COST, IF ANY, SHALL BE PAID BY VERO-MALL." 24 MAY 181977 ti � 9 ATTORNEY COLLINS THEN REVIEWED THE STATEMENT, ALSO IN PARAGRAPH H,WHICH THE CITY HAD REVISED TO READ: "THE PARTIES AGREE THAT COUNTY SHALL, SUBJECT TO NOTICE. CITY APPROVAL AND CITY SUPERVISION AS TO GOOD ENGINEERING PRACTICES AND APPLICABLE CITY ORDINANCES, HAVE THE RIGHT TO HOOK-UP ADDITONAL CUSTOMERS TO THE SEWER LINE......" HE FELT A STATEMENT SHOULD BE ADDED THAT "COUNTY WILL DESIGNATE CUSTOMERS UP TO THE CAPACITY OF THE LINE." CITY MANAGER LITTLE REQUESTED THAT IN PARAGRAPH 9 IT STATE THAT "....VERO MALL SHALL PAY THE CITY $15,000.00 AS A NON-REFUNDABLE nE- VELOPMENT FEE..." HE THEN DISCUSSED TAP -ON FEES. CHAIRMAN WODTKE NOTED THAT CONDOMINIUM OWNERS IN A DEVELOP- MENT THAT HAS A SEWER PLANT, HAVE ALREADY PAID FOR THEIR SEWER ONCE AND HE"FELT THAT WHEN THERE IS AN EXISTING SYSTEM THAT IS FUNCTIONING, THE TAP -ON FEE SHOULD BE APPROACHED DIFFERENTLY THAN WITH NEW DEVELOPMENT; DISCUSSION FOLLOWED IN REGARD TO HOOK-UP CHARGES FOR TROPIC GROVES AND SOUTH GATE VILLAGE. CITY MANAGER LITTLE FELT THAT THEY MIGHT ONLY BE REQUIRED TO PAY FOR THE HOOK-UP ONTO THE MAIN SEWER LINE, ATTORNEY COLLINS SUGGESTED A STATEMENT BE PUT __LN, THE. ADDESNDUM THAT THE CONNECTION CHARGE FOR SOUTH GATE VILLAGE AND TROPIC GROVES WILL BE $500 EACH OR POSSIBLY THAT THE.CITY SHALL CHARGE THE DIRECT COST OF CONNECTING, MR. LITTLE SUGGESTED THAT IT SHOULD STATE "THE TAP -ON FEE IN ALL CASES SHALL BE THE DIRECT COST OF MAKING SAID CONNECTION." CITY MANAGER LITTLE THEN INFORMEDiME_BOARD THAT THERE WAS ANOTHER PROBLEM - THAT BILL COLLECTION IS VERY DIFFICULT WITH A SEWFP-ON)l' SYSTEM. IF YOU DONT CONTROL THE WATER SERVICE AND THE CUSTOMER WON'T PAY HIS SEWER BILL. WHAT DO YOU DO ABOUT IT? THIS WOULD NOT BE A PPnBLF" WITH VERO MALL, BUT WITH OTHER CUSTOMERS ADDED ON, THE CITY WOULD FITHED NEED THE RIGHT TO READ THE WATER METERS OR TO ASK MID -FLORIDA TO SEND THEM THE READINGS, HE ASKED IF THE COUNTY WOULD LIKE TO GUARANTEE PAYfAP' OF THE BILLS FOR CUSTOMERS OTRER THAN VERO MALL, ATTORNEY COLLINS FELT SOME SORT OF INTERLOCAL AGREEMENT Cnt)L_') BE ENTERED INTO TO SOLVE THIS PROBLEM, 25 MAY 18 19 7729 . , 401 I COMMISSIONER SCHMUCKER STATED THAT POSSIBLY IT COULD BE HANDLED BY AN AGREEMENT WITH THE INDIVIDUAL WHEN THEY HOOK ON, AND ATTORNEY COLLINS AGREED THIS WAS ALSO FEASIBLE IF THE INDIVIDUAL WOULD AGREE THAT THE COUNTY IS THE PROPER PARTY TO FORCE COLLECTION. THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED FOR LUNCH AT 12:30 O'CLOCK P.M. AND RECONVENED WITH THE SAME MEMBERS PRESENT AT 2:00 O'CLOCK P.M. ATTORNEY COLLINS REVIEWED THE AGREEMENT TO ACT AS UNDERWRITER PREPARED BY GEORGE BLAND OF WILLIAM R. HOUGH & CO. HE NOTED THAT THIS FIRM IS IN THE BUSINESS OF MARKETING BONDS AND WILL TAKE ALL THE NECES- SARY ACTION TO ACCOMPLISH EFFECTIVE MARKETING OF THE BONDS WITHOUT A FEE. THEIR FEE DERIVES FROM THE PURCHASE AND SALE OF THE BONDS. THE ATTORNEY RECOMMENDED APPROVAL OF THE AGREEMENT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE AGREEMENT FOR WILLIAM P. HOUGH & CO. TO ACT AS UNDERWRITER FOR THE COUNTY SOLID WASTE SYSTEM REVENUE BONDS AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. 26 rin MAY 181977 402 i ,. ,......._ ., ._ .t.. ..... .,, ' t �, •- .>.;aa . y.«ro.:.'. yr:- ....-..... ...,.. .o a,...+... .:.4.,.io.-.,...e.,wr,3:r.... r,«,, ,.n; .t.;..,-..,... .w ..w- + 10 r-M•ro-.:..o-.,.,.........nnyepr..4•':!•�w.e.a-tigc-Na;.,.u».^draf•r!-/cxan�a:S'r...<.;xe�r >•......�,... �.....a.-a•.,-m>,;...H`wtf -r+sa!+..,,.�y.a.,-i.r- ..x+•y„,,.�y.•a•.-.:".w sm..:.4..>a... a• Roasomez ' . 'FLORIDA FEDERAL BUILDING Or.PETERSBURG,FLORIDA 33731 lUilham Illough &Co P.O.BOX 3546 13 WEST CHURCH STREET + . .. ORLANDO.FLORIDA 32502 - - -. 841.1668 - .•- , - ALFR[o C."[PARD - ' - Oalosrr rwlnrea - O[Q1tGt T.BLAND PARTNI t May 61-11077 . A.ROLD W.scRrmant 1 4r W. Tommy Thomas Road and Bridge Department Indian River Courthouse Vero Beach, Fla. 32960 Dear Tommy: Pursuant to our conversation of yesterday, I am attaching a draft of a proposed agreement for our firm to serve as Underwriter for the County's Solid Waste. System Revenue Bonds. I am also sending a copy of this letter and the draft agreement to Mr. Collins. I look forward to working.,with you, W. Collins, and,,ntber- members.,of.-the • County government on this bond issue. Piz-ase call me at any time if you have A tV A/tAct9nnc Since , e T. Bland . Gep�� .. g GrB:gk Enc. f cc: Mr. Collins MUNICIPAL CONSULTATION .._ . .. ; .• '...... .Y. -s;.,..• «.�. . . ".... - ;.-.. . .. ..`•�. w ,,..a.' ....�. .�,..- �,.,-fin ..,,..z.. 1 , MAY 1 81977 ' ' 403 r. , .>.r:,.. -... .. , ;•-,..y'Ftoetro+s s .+-s•.•ea••s;.. s.q, a v:..ra 4'P. +-.v. .-.... � .. . R_.. �,.—,..r.•w�-«�«....ay. ... y......r........p�+.—•�w• � •; ..� M01060FlICIC FLORIDA FEDERAL BWLDING •T. PETERSBURG, FLORIDA 33731 Ulilliam Hough & Co P. O. BOX 3546 82 WEST CHURCH STREET ORLANDO. FLORIDA 32802 - ' o AL►Rse C. Gmv-"o . RWM.MT PARTNCR - .. .. OmRas T. BLAND . P� s ' . ARROW W. SCRREIom AGREEMENT TO ACT AS UNDERWRITER THIS AGREEMENT made and entered into thisay of 1977, by and.between INDIAN RIVER COUNTY, FLORIDA, herein called "the County" and WILLIAM R. HOUGH & CO., a Partnership with offices located in Orlando, herein called "the Underwriter"; WHEREAS, William R. Hough & Co. is desirous of performing certain research, analysis, marketing, and underi ting services in connection with the issuance of Indian River County Solid Waste System Revenue Bonds, herein • • ., ww ,.vYa , Yi1Y x , WHEREAS, William R. Hough & Co.*has a high standing in the field of local government finance and a wide and various experience in formulating, preparing and marketing public bond issues and finanding related thereto, and WHEREAS, the County deems it advisable to retain William R. Hough & Co. '.as Underwriter to negotiate the purchase of the Bonds, and WHEREAS, there are certain advantages to the County to'sell the Bonds through an "underwriting arrangement"; NOW THEREFORE, in consideration of the premises of this Agreement the parties hereby agree as follows: A.* The Underwriter'hereby agrees to accomplish the necessary actions leading to the effective marketing of the Bonds in which it is given authority to proceed by the County. In carrying out its responsibilities for such program, MUNICIPAL BONDS MUNICIPAL FINANCE CONSULTATION` E MAY 181977 f% s 29 . • 404 J the Underwriter will, among other actions. 1. Develop a proposed financing plan in coordination with the County .Staff, the County Attorney, the Bond Attorney, and certain consultants as designated by the County to provide for the issuance of the Bonds. KII undertakings of the Underwriter pursuant to this Agreement shall be made with the objective of developing the best possible financing structure for said financing, the best appreciation possible for the securify of the Bonds by the municipal bond market, qnd the best possible interest rates for the Bonds when issued, considering the bond market at the time and the short-term and long-term objectives of the County. 1 2. Make George T. Bland, D. C. Huskey, or such other members of its staff as appropriate, available to the County Staff, the -County Attorney, 'the Bond Attorney, and certain County consultants in order to prepare such studies and documents as are required to insure that the issuance of the Bonds. may proceed with dispatch. B. The County hereby appoints Wiiliam`R. Hough & Co. as Underwriter -to perform the following: 1. Cooperate with the County, its staff, consultants, and attorney in arrangingthe most advantageous financing structure for the Bonds. 2. Work with the County in developing the most advantageous covenants to be included in the proposed Bond Resolution. 3. Conduct a presentation to the rating agencies in cooperation with public officials and consultants for the purpose of obtaining the highest possible rating on the County's Bonds. 4. Cooperate with.officials and attorneys in the preparation of an Official Statement describing the Bonds. 5. Present to the County a Purchase Proposal for the Bonds. The _2m 1 MAY 181977 405 County•is under no obligation to accept the purchase proposal. At the time of the purchase proposal, the County shall be supplied by the Underwriter with a list of comparable bond sales so as to evidence the appropriateness of the proposal. The Underwriter and the County agree to negotiate in good faith for the purchase and sale of the Bonds.within twenty-four hours after the time of the proposal and if they fail to reach an agreement as .to the sale of the Bonds, either the County or the Underwriter may terminate this Agreement upon ten day's written notice to the other party and all obligations shall terminate. So long as this Agreement is in effect, the N parties hereto agree to negotiate with each other in good faith. All expenses of the financing will bq paid in a manner satisfactory to the County either.by the Underwriter or from bond proceeds, or otherwise as mutually agreed between the parties. No fee will be paid by.the County to the Underwriter. It i's requested that the 'County accept this proposal by signing one copy and returning it to us. Other than a� provided under sub -paragraph 5 above, this Agreement may be cancelled upon ninety (90) days' written notice. • WILLIAM R. HOUGH & CO. BY: Gpfge T. 8 and• - ACCEPTED BY: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: 2W ATTEST;, may H1 181977 THE FOLLOWING MEMO FROM PLANNING DIRECTOR, VAL BRENNAN, IN REGARD TO A STREET NAMING AND NUMBERING SYSTEM FOR THE CITY OF SEBASTIAN WAS NEXT DISCUSSED: COMMISSIONERS WILLARD V.I. SIEBERT, JR., Ch*njan WILLIAM C. WODTKE, JR., Vkc-Chairman EDWARD J. MASSEY ALMA LEE LOY EDWIN S. SCHMUCKER Hjj. INDIAN RI�VEIR � OUNTY JACK C. JENNINGS, Administrator VERO BEACH, FLORIDA . 32460 ROAD AND ER=E DEPARTMENT May 12", 1977 MEMO - TO:a Indi r County Board of. Commissioners FROM: FR Val �n, Planning Director , SUBJECT: Sebastian - Street roamina Numbering. Recently our office was contacted by a local bank requestinT a set of house numbers (street addresses)': In checking the location we found the property was in Sebastian. We checked with the City Clerk and wer: told that the City does not issue house numbers. We were told to..have the bank contact the devgloper. In Sebastian Highlands, IF= cxamplc, General Davelopmaijt issues Llie house numbers. This office is not interested in taking on any additional work along this .line. At the same time, it would seem prudent that since the County is try- ing to set.up a coordinated system of street names and numbers and addresses that it might be advisable to either: 1. Determine a system of street naming numbering/house addresses for Sebastian and thru the City have them disburse the infor- mation to those now assigned the task; or •2. Have the City of Sebastian authorize this office, from this point on, to assign all street names/numbers and house add- resses as a County service or at a charge. • Again I state this office does not particularly want the additional assignment but in the interest of sound intergovernmental cooperation, it may be the better thing to do. VEB:eas - COMMISSIONER SIEBERT ASKED IF THE PLANNING DEPARTMENT HAD BEEN APPROACHED ABOUT THIS MATTER BY THE CITY OF SEBASTIAN, ROBERT BERG, ASSISTANT PLANNER, STATED THAT AS FOR AS HE KNEW, THEY HAD NOT: THAT MR. BRENNAN WROTE THE MEMO AS A RESULT OF A NEWSPAPER ARTICLE. HE NOTED THAT IF THEY SHOULD UNDERTAKE THIS FOR THE CITY OF SEBASTIAN, THE CITY WOULD HAVE TO PAY FOR THE SERVICE IN SOME WAY, 30 MAY 18 1977 = ' eek_.��:07 CHAIRMAN WODTKE FELT THE PLANNING DEPARTMENT HAS ENOUGH TO DO - WITHOUT SEEKING ADDITIONAL WORK AND HAVING PEOPLE COME ALL THE WAY IN FROM SEBASTIAN TO GET HOUSE NUMBERS, MR. BERG STATED HE FELT THIS MATTER SHOULD BE DISCUSSED WITH MR, BRENNAN WHO HAS MORE KNOWLEDGE OF IT, IT WAS AGREED TO DEFER FURTHER DISCUSSION UNTIL LATER TODAY. CHAIRMAN WODTKE ANNOUNCED THAT AT THIS TIME THE EnARD WOULD TAKE UP THE REZONING REQUEST MADE BY MR. AND MRS. EDWARD STAILEY ON WHICH A PUBLIC HEARING WAS HELD APRIL 6, 1977, AS PER THE FOLLOWING !NOTICE: February 17, 1977 1ir,. and Mrs, rdward Stai.ley PCO, Box 675 Vabasso, Florida 32970 Dear Mr,.and Mrs, Stanleys _ _•. In compliance with Florida Statute 125,662 the following is a Notice of Public Hearing for rezonXn.g_K as. 'requested by You• • : ,t 140TICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida,to • . Veit: Lots -3 and 4, Block 2, REPLAT OF PART OF WABASSO MiViOR ADDITION, UNIT ONE, less the East lUU feet thereof, according to plat filed- in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 6, Page 15. Be changed. from C-lA Restricted Commercial* District, to R-l'Single Family District. , •A public hearing in relation thereto will be held by -the Board of County Commissioners of Indian River County, Florida in the County Commission Room, Indian River County CourtlloUse, Vero Beach, Florida on Wednesday, April 6, 1977 at 2;00 o'clock Y.M. Sincerely yours, - Freda Wright Clerk to the. Board of county (:0111111is.sioners Of 111diall River County, Z` lorid.l 31 L% MAY 181977 ,., 6?9 408 ATTORNEY COLLINS READ THE NEW STATUTE WHICH REqUIRES THAT THE BOARD SHALL HOLD A PUBLIC HEARING ON A REZONING REQUEST AND THEN WAIT NO MORE THAN 60 DAYS NOR LESS THAN 30 TO MAKE THE FINAL DECISION AND ADOPT THE ORDINANCE. HE STATED THAT IT IS NOW APPROPRIATE TO ADOPT THE ORDINANCE MAKING THIS ZONING CHANGE, IF THE BOARD IS SO INCLINED, AND NOTED THAT THE STATUTE DOES NOT REQUIRE ANOTHER PUBLIC HEARING, COMMISSIONER LOY FELT, BASED ON THE INFORMATION -WE RECEIVED AT THE PUBLIC HEARING ON APRIL 6TH, THAT WE SHOULD DISPENSE WITH ANOTHER PUBLIC HEARING.AND MAKE A DECISION. CHAIRMAN WODTKE ASKED IF ANYONE PRESENT WISHED TO BE HEARD AT THIS TIME. THERE WERE NONE, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 77-6 GRANTING THE ZONING CHANGE AS REQUESTED BY EDWARD AND GENEVIEVE STAILEY. P 32 11 MAY 18 1977 ` Uru 4�� : J ORDINANCE NO. -77-6 WHEREAS, the Zoning Commission of Indian River County, Florida, did, after public hearing, make its final report re :commending changes and additions to the Zoning Ordinance of Indian River County, Floridan and WHEREAS, this Board did publish its notice of said re- commended changes and additions and did, pursuant thereto, hold a public hearing in relation thereto at which parties in %,interest and citizens were heard: Now, therefore, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the follow- ing property owned by Edward G. Stailey and Genevieve F. Stailey, his wife, Petitioner/Agent,*Layder Cameron, situated in Indian River County, Florida, to -wit: Lots 3 and 4, Block 2, REPLAT.OF PART OF WABASSO MANOR ADDITION, UNIT ONE, less the East 1'00 feet, thereof, according to plat filed in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 6, Page IS.- Be S.Be changed from C-lA Restricted Commercial District, to o` R-1 Single Family District. All within the meaning and intent and as set forth and de- scribed in said Zoning Regulation. This Ordinance shall take effect May 20, 1977. MAY 181977 !a, COMMISSIONER Loy INFORMED THE BOARD THAT SHE HAD AN EMERGENCY ITEM TO DO WITH THE YMCA-EOC SWIM PROGRAM WHICH SHE FELT SHOULD BE ADDED TO TODAY #S AGENDA. ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AGREED TO ADD TO TODAY JS AGENDA THE EMERGENCY ITEM REQUESTED BY COMMISSIONER LOY, COMMISSIONER LOY EXPLAINED THAT THE SWIM PROGRAM IS WELL UNDER WAY AND IS BEING CONDUCTED BY THE YMCA, BUT AS OFTEN HAPPENS WITH STATE FUNDED PROGRAMS, THE PAPERWORK THAT WOULD ENABLE THE AGENCIES TO RE- CEIVE THE STATE FUNDS THAT THEY ARE ALREADY SUPPOSED TO HAVE TO PAY DAILY EXPENSES HAS BOGGED DOWN. SHE CONTINUED THAT THE COUNTY'S SHARE OF THE TOTAL AMOUNT FOR THIS PROGRAM IS $2,850. WE HAD ANTICIPATED THAT STATE FUNDS WOULD TAKE CARE OF THE FIRST THREE QUARTERS AND WE WOULD TAKE CARE OF THE FOURTH QUARTER. COMMISSIONER LOY SUGGESTED THAT WE NOW REVERSE THIS IN ORDER TO KEEP THE PROGRAM SOLVENT AND EXPEND $1,900 IMMEDIATELY TO HELP OUT THE YMCA, HOLDING BACK $950 OF�OUR CONTRIBUTION TO BE USED AT THE END OF THE PROGRAM, SHE THEN DISCUSSED WHERE THE MONEY SHOULD COME FROM, ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER DEESnN THE BOARD UNANIMOUSLY AUTHORIZED THE FINANCE OFFICER TO PAY $1,900.00 TO THE YMCA AS PART OF OUR $2,850.00 CONTRIBUTION TO THE COUNTYWIDE SWIM PROGRAM AND AGREED THAT THIS TOTAL AMOUNT WILL BE TAKEN FROM THE BOARD OF COUNTY COMMISSIONERS CONTINGENCY FUND: $1,900,PAYABLE NOW: THE BUDGET TRANSFER TO BE AS FOLLOWS: ACCOUNT TITLE_ &COUNT INCREASE DECREASE CONTRIBUTIONS - SWIM PROGRAM 01-6101-301.14 $2,850.00 RESERVE FOR CONTINGENCIES 01-9990-701 34 0 MAY /` 1977 - $2,850.00 91 I COMMISSIONER Loy INFORMED THE BOARD THAT THERE IS STILL A CHANCE OF HAVING OUR APPLICATION FOR A GRANT UNDER THE PUBLIC 14ORKS DILL FOR THE WATER LINE PROJECT TO U.D.U. FURTHER CONSIDERED. SHE STATED THAT SHE HAS BEEN INFORMED BY TELEPHONE THAT WE WILL BE ASKED TO RESUBMIT OUR INTENT IN THIS REGARD. COMMISSIONER Loy SUGGESTED THAT THE PROPER OFFICIALS BE AUTHORIZED TO SUBMIT WHAT DOCUMENTS ARE NECESSARY. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN, THE ADMINISTRATOR, THE ATTORNEY AND THE ENGINEERS TO FILE WHATEVER PAPERS ARE NECESSARY TO HAVE OUR APPLICATION FOR A GRANT UNDER THE PUBLIC WORKS BILL FURTHER CONSID- ERED, IMMEDIATELY UPON NOTIFICATION OF THE PROPER TIME TO DO SO, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT WE ARE IN A BETTER POSITION TO SUBMIT THIS APPLICATION THAN BEFORE BECAUSE THE UNEMPLOYMENT RATE IN THE GIFFORD AREA IS 5% HIGHER THAN THE COUNTY AS A WHOLE, AND YOU ARE NOW ALLOWED TO USE THE PERCENTAGE RATE FROM POCKET AREAS AS THIS IS WHAT THE FUNDS WILL BENEFIT, EDWARD NOLAN, MAYOR OF THE TOWN OF INDIAN RIVER SHORES, APPEARED ACCOMPANIED BY CITY COUNCILMAN THAD WILKINS, COMMISSIONER SIEBERT REVIEWED THE AGREEMENT ENTERED INTO WITH THE TOWN OF INDIAN RIVER'SHORES IN WHICH IT WAS AGREED THAT THE COUNTY WOULD ASSIST THEM WITH THE PURCHASE OF CERTAIN FIRE EQUIPMENT AND IN RETURN THEY WOULD MAINTAIN AND STAFF THE EQUIPMENT AND THE FIRE STATION, MAKING THIS EQUIPMENT AVAILABLE IN THE COUNTY WHEREVER' NEEDED, AND AT SUCH TIME AS THE COUNTY SET UP A COUNTYWIDE FIRE SYSTEM, THE EQUIPMENT AND STATION WOULD BE TURNED OVER TO THE COUNTY FOR $1.00 A YEAR. COM- MISSIONER SIEBERT CONTINUED THAT SUBSEQUENT TO THAT AGREEMENT, THE TOWN OF INDIAN RIVER SHORES APPROACHED THE COUNTY AGAIN AND ASKED FOR ASSIS- TANCE IN THE PURCHASE OF AN AERIAL LADDER TRUCK REQUESTING THAT IT BE PAID FOR'WITHIN ONE BUDGET YEAR IN LIEU OF A CONTRIBUTION TO ASSIST THE TOWN IN PROVIDING FIRE PROTECTION FOR TWO YEARS. HE NOTED THAT MAYOR NOLAN IS NOW OF THE OPINION THAT THE MAINTENANCE AND STAFFING WILL PLACE A BURDEN ON THE TOWN THAT THEY DO NOT FEEL THEY CAN HANDLE, 35 MAY 181977 Y 9 , fi 1 0 MAYOR NOLAN STATED THAT THESE AGREEMENTS WERE MADE BEFORE HE BECAME MAYOR, AND HE SHORTLY REALIZED THAT THERE WAS A -FINANCIAL RROBLEM, EXPECIALLY WITH WATER AND SEWER GOING IN. HE NOTED THAT HE CAN- NOT CRITICIZE PAST AGREEMENTS OR BE CONCERNED ABOUT THEM, BUT THE ISSUE IS WHAT TO DO WITH THE EQUIPMENT THAT IS COMING IN, HE ESTIMATED THAT IT WOULD REQUIRE' A MINIMUM OF IS FIREMEN, THREE OFFICERS AND ONE CHIEF, OR 19 MEN ALTOGETHER, TO STAFF THE STATION, AND THEIR SALARIES WOULD AMOUNT ROUGHLY TO OVER $200,000 A YEAR, MAYON NOLAN POINTED OUT THAT THEY MUST START THEIR BUDGET NEXT MONTH, AND AT THIS POINT HE DOESN`T EVEN KNOW HOW TO START TO PREPARE ONE. COMMISSIONER SIEBERT POINTED OUT THAT THE ORIGINAL AGREEMENT WAS WORKED OUT WITH THE ATTORNEY FOR THE TOWN OF INDIAN RIVER SHORES AND THE TOWN COUNCIL HAD TO APPROVE IT. COUNCILMAN THAD WILKINS REMARKED THAT SHORTLY AFTER HE WAS ELECTED,ATTORNEY COLLINS AND CHAIRMAN WODTKE WERE MADE AWARE OF THE Tnwm COUNCIL'S CONCERN AND DISPLEASURE ABOUT THIS FIRE EQUIPMENT. HE FELT THERE SHOULD BE A WORKSHOP MEETING WITH ALL MEMBERS OF THE TOWN COUNCIL PRESENT" AS JUST HE AND THE MAYOR CO-ULI NOr MAKe"ANY DDI -S ms AT THIS TIME, AND HE FELT THEY DID NOT HAVE ADEQUATE NOTICE OF THIS MEETING, IT WAS DETERMINED THAT NOTICE HAD BEEN GIVEN TO THE MAYORS OFFICE MORE THAN A WEEK IN ADVANCE, BUT MAYOR NOLAN-HAD BEEN OUT OF TOWN THE PRE- VIOUS WEEK AND THUS HAD ONLY RECEIVED NOTICE OF THE MEETING UPON HIS RETURN. COUNCILMAN PAUL PARENT APPEARED AND STATED HE FELT IF THE MAT- TER WERE NOT DISCUSSED NOW, IT WOULD JUST BE A WAM OF EVERYONE `S TIME, MAYOR NOLAN SUGGESTED POSSIBLY ABROGATING THE PRESENT AGREEMENT AND HAVING THE COUNTY PAY HALF OF THE $200,000 HE ESTIMATED WOULD BE RE- QUIRED FOR STAFFING. CHAIRMAN WODTKE NOTED THAT IT IS VERY OBVIOUS THAT THE PRESENT MEMBERS OF THE TOWN COUNCIL DISAGREE WITH DECISIONS OF THE PREVIOUS COUNCIL. HE CONTINUED THAT THE COUNTY, HOWEVER, DOES HAVE AN AGREEMENT WITH INDIAN RIVER SHORES AND HAS, IN EFFECT, GIVEN THEM $60,000 WHIC4 THEY SAW FIT TO APPLY TO CAPITAL EXPENDITURE. THE CHAIRMAN POINTED OUT THAT WE ARE GOING INTO BUDGET SESSIONS, AND THE TOWN CAN CERTAINLY RE- QUEST MONEY, BUT WE CANNOT MAKE ANY COMMITMENTS AT THIS POINT, ESPECIALLY' IN VIEW OF THE AGREEMENT NOT TO ASK FOR ANY OPERATING FUNDS FOR THE NEXT YEAR, MAY 18 1977 36 fl41 DISCUSSION CONTINUED AS TO POSSIBLE ALTERNATIVES AS TO MAINTE- NANCE AND STAFFING, AND COMMISSIONER SIEBERT POINTED OUT THAT THERE IS NO SPECIFIC REQUIREMENT IN THE AGREEMENT AS TO STAFFING. PAUL PARENT AGREED AND NOTED THAT AS FAR AS THE COUNTY IS CON- CERNED, THE TOWN COULD STAFF THE STATION WITH ONE MAN. HE FELT THAT THE TOWN OF INDIAN RIVER SHORES NEEDS TO GO BACK AND SET UP THEIR OWN PRE- REQUISITES AS TO WHAT CAN BE DONE WITHIN THEIR OWN BUDGET, SIR. WILKINS STATED THAT IT SHOULD NOT BE OVERLOOKED THAT THEY ARE OVEREQUIPPED BECAUSE OF THEIR AGREEMENT WITH THE COUNTY - THE TOWN ONLY HAS 2,000 PEOPLE, AND THE EQUIPMENT IS SUFFICIENT FOR 27,000. HE FELT THIS IS A VERY ONE-SIDED AGREEMENT IN THE COUNTY'S FAVOR. CHAIRMAN WODTKE ASKED IF THE COUNTY TOOK OVER THE EQUIPMENT AND STATION, WHAT WOULD IT BE IN LIEU OF, AND COMMISSIONER LOY ASKED IF INDIAN RIVER SHORES WISHED TO GIVE UP FIRE PROTECTION FOR THEIR TOWN. MAYOR NOLAN STATED THAT HE REALIZES THAT THEY HAVE TO PAY FOR FIRE PROTECTION, BUT FEELS THE COST MUST BE SHARED, FURTHER DISCUSSION ENSUED ABOUT SURVEYS MADE AND IGNORED AS TO THE AMOUNT OF EQUIPMENT AND SIZE OF THE: FIRE STATION NEEDED FOR THE COM- MUNITY, MAYOR NOLAN NOTED THAT IT IS TOO LATE TO STOP THE EQUIPMENT FROM COMING IN, BUT POINTED OUT THAT THE COUNTY IS GOING TO GROW AND HE FELT WE SHOULD WORK TOGETHER TO FIND THE CHEAPEST AND BEST WAY TO MAKE USE OF THIS EQUIPMENT. COMMISSIONER Loy STATED IT APPEARS THAT THE BEST THING WOULD BE FOR THE TOWN OF INDIAN RIVER SHORES TO GET TOGETHER AND DECIDE ON A COUPLE OF RECOMMENDATIONS AND THEN MEET WITH THE BOARD TO SEE WHAT CAN BE WORKED OUT, SHE POINTED OUT THAT THE COUNTY NEVER INITIATED ANYTHING WITHIN THE TOWN OF INDIAN RIVER SHORES, BUT ONLY RESPONDED TO REQUESTS MADE OF THEM, MR. WILKINS DISPUTED THIS STATEMENT AND SAID THE FIRST DIS- CUSSION ABOUT A FIRE STATION IN INDIAN RIVER SHORES WAS INSTIGATED BY THE COUNTY BECAUSE THEY WERE DESIROUS OF HAVING A COUNTYWIDE FIRE SERVICE, BUT COMMISSIONER SIEBERT POINTED OUT THAT THE FIRE STUDY ONLY SAID IF THE COUNTY DID GO INTO A COUNTYWIDE FIRE SERVICE, A FIRE STATION IN INDIAN RIVER SHORES WOULD BE CONSIDERED, 37 Boo v nl it THE CHAIRMAN REQUESTED THAT THE MAYOR AND TOWN COUNCIL OF INDIAN RIVER SHORES HOLD A WORKSHOP MEETING AND THEN COME BACK TO THE BOARD WITH RECOMMENDATIONS, INTERGOVENMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT AUTHORIZATION IS NEEDED FOR THE CHAIRMAN TO EXECUTE A CONTRACT WITH THE DEPARTMENT OF NATURAL RESOURCES FOR FUNDS IN THE AMOUNT OF $14,768.00 TO IMPROVE THE BOAT RAMP AT DALE WIMBROW PARK IN ROSELAND. ON MOTION BY. -COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE CONTRACT AS DESCRIBED ABOVE AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. 38 q _. MAY 8 1977 415 M. FLORIDA Dr)"ARTMI-Wr OP NATURAL RESOURCES DIVISION OF RECREATION AND PARKS Florida Boating improvement Program Project Agreement THIS AGREEMENT, dated this. 18tb day of May 19 77 by and between the Department of*Natural Resoiirces, Division of Recreation and Parks.', hereinafter refjxred to as Department, and the -County of Indian River hereinafter referred to*as'County. • W I T N H S S E T H That in and for the mutual covenants between the Department and the County, .it. is agreed as follows:. 1. The I 'Department has found recreational boating improvement to be the primary purpose of this project known as Dalt! Wimbro Park Ramp and has agreed to enter into.this contract with the County for' development of recreational'boating.facilities and/or improvements, such developments being .in accordance witli.the project plans attached hereto and made a *p'art*of this Agreement as Exhib it 2. The County agrees to operate and Maintain said recreational boating facilities and/or improvem. eftts once completed and covenants that is has' -the full legal authority and capability to so operate Oand maintain said facilities and/or improvements. 3. The County. agrees to commence construct*ion.of the project on - or before: November 1,•1977, and further agreesi to complete said project on or before —November 1, 1978.' If in the event. construction of the project does not commence on-or.be'fore _November 1. 1477 or is not completed on. or before November 1, 1978 the County agrees to return* to the Department ariy and all unexpended funds originally allocated f . or said project. MAY 181977 99 AM 0 : 4. The County agrees to.appoint.,an 7fficial liaison agent to be responsible for the successful completion of the project, the prompt implementation of the articles of this Agreement, and the submission oc progress reports at least every '(60) sixty days from the date of the execution of this Agreement until the project is certified complete by resolution duly adopted by the County. S. The Department agrees, in consideration of the promises made by the County herein,'to tender to the County funds in the amount of o $4,768 00 to be used specifically for the development of recreational boating•facilities and/or improvements. as defined in Exhibit "A" of this Agreement. 6. In.the event there exist unexpended or unobligated funds at'the'completion of the projict; as described in Exhibit "A", attached 'hereto and made a part of this agreement, the County agrees to return said -unexpended, unobligated funds to. the'Department within 60 days after project completion. 7. In the event the County elects to implement a user fee* . system. for the Dale Wimbro Park Ramer; or for=• a f=atJ:lt lr `within the _ Rh boundaries,'the — County- agrees to impose such fees uniformly among the .users regardless of the political jurisdiction in which the user may reside. - 8. The Department reserves the right to inspect the site and facilities, as well as the right to audit any and all financial records pertaining -to this project at reasonable times. 9: .Any inequities -that subsequently appear.in.'this Agreement shall be subject to negotiation upon written.request of either party, and -the parties agree•to negotiate in good faith as to any such inequities e MAY 1811977 417 MAY 18 1977 >�`. 0 INTERGOVERNMENTAL COORDINATOR THOMAS REPORTED TO THE BOARD THAT THE COUNCIL ON AGING IS IN THE PROCESS OF BUYING A SECOND MAXI -VAN WITH A HYDRAULIC LIFT FOR WHEEL CHAIRS. HE STATED THAT THEY HAVE FUNDS IN THE AMOUNT OF $5,559.78 AVAIUWLE, BUT THE TOTAL COST IS $7,984.98, PLUS $1,500.00 FOR THE LIFT. HE CONTINUED THAT THIS WILL BE USED NOT ONLY AS A BACK-UP TO THE MINI -BUS WHICH WAS ACQUIRED LAST YEAR, BUT WILL ALSO BE USED BY THE SUNSHINE CENTER AND THE VOLUNTEER AMBULANCE SQUAD, COORDINA- TOR THOMAS CONTINUED THAT THE COUNCIL ON AGING IS MAKING A REQUEST FOR $3,925.20 FROM FEDERAL REVENUE SHARING FUNDS FOR THIS PURPOSE, -AND HE IS RECOMMENDING THE BOARDS CONSIDERATION OF THIS ITEM. COORDINATOR THOMAS STATED THAT THE MAXI -VAN WOULD ALSO BE USED IN THE NEW DISTRICT PROGRAM MAY 181977 FOR CONGREGATE MEALS, COMMISSIONER LOY NOTED THAT THE HYDRAULIC LIFT IS BECOMING 1 MORE AND MORE IMPORTANT ESPECIALLY AS NONE OF THE AMBULANCES HAVE THIS CAPACITY, COORDINATOR THOMAS POINTED OUT THAT THE SUNSHINE CENTER HAS MANY NON-AMBULATORY PATIENTS AS DOES THE INDIAN RIVER COUNTY HEALTH DEPARTMENT:. AND HEALTH REHABILITATIVE SE,RV_IC0., WHO WILL ALSO MAKE USE OF THIS VAN AND LIFT, COMMISSIONER SIEBERT ASKED IF THE COUNCIL;.ON AGING CAN HANDLE THE MAINTENANCE AND OPERATING EXPENSES, AND COORDINATOR THOMAS SAID THEY COULD, DISCUSSION FOLLOWED IN REGARD TO WAITING TO TAKE ACTTON ON THIS ITEM UNTIL BUDGET TIME, COORDINATOR THOMAS NOTED THAT THE VEHICLE IS REALLY NEEDED, AND A GOOD PART OF THE MONEY IS COMING FROM THE CONGREGATE MEAL PROGRAM, WHICH IS FEDERALLY FUNDED, COMMISSIONER LAY STATED SHE DID NOT SEE ANY NEED TO MAKE THEM WAIT, AND COMMISSIONER DEESON STATED, "IF THE NEED IS THERE AND WE ARE GOING TO DO IT EVENTUALLY, WHY NOT NOW?" MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, TO APPROVE THE REQUEST OF THE COUNCIL ON AGING FOR $3,925.20 TO BE USED TO PURCHASE A MAXI -VAN COMPLETE WITH HYDRAULIC LIFT: THE MONEY TO BE TAKEN FROM FEDERAL REVENUE SHARING FUNDS. COMMISSIONER SCHMUCKER NOTED THAT HE WOULD HAVE PREFERRED TO WAIT UNTIL BUDGET TIME, BUT WOULD NOT VOTE AGAINST THE MOTION. 42 i COMMISSIONER WODTKE WISHED TO BE ASSURED THAT THE OPERATION COST WILL BE FULLY FUNDED. INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT THE OPERATIONAL COST HAS BEEN ESTIMATED AT 17� PER MILE, AND CHARGES WILL BE MADE FOR SOME USES, WHICH WILL HELP SUPPORT SOME OF THE BUDGET FOR OPERATION. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY, ATTORNEY COLLINS PRESENTED TO THE BOARD A PROPOSED RESnLUTION RAISING THE MINIMUM LIABILITY INSURANCE REQUIREMENT FOR THE INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD, CHAIRMAN WODTKE INQUIRED IF THE WAY THIS RESOLUTION IS WRITTEN, WILL IT AFFECT THE OTHER VOLUNTEER AMBULANCE SQUADS? ATTORNEY COLLINS STATED THAT THE RESOLUTION IS STRUCTURED TO APPLY PRIMARILY TO THE INDIAN.RIVER COUNTY VOLUNTEER AMBULANCE SQUAD AND TO HAVE THE MOST MINIMAL AFFECT ON THE OTHERS. THE CHAIRMAN NOTED THAT THIS RESOLUTION WILL MAKE IT EASIER AND LESS COSTLY FOR THE INDIAN RIVER COUNTY S.nUAM.TO ACQUIRE THFJ R IN SURANCE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 77-48. COMMISSIONER Loy SUGGESTED THAT COPIES OF THIS RESnLUTION BE SENT TO OTHER AMBULANCE SQUADS IN THE COUNTY AND THAT THEY BE INFORMED THAT THIS OPTION WOULD BE AVAILABLE TO THEM UPON REQUEST. THE CHAIRMAN INSTRUCTED THE SECRETARY TO THE BOARD TO CARRY OUT COMMISSIONER LOY'S SUGGESTION, 43 MAY 1 1977. R�flti ?.';r %,T RESOLUTION NO. 77-48 WHEREAS, The Board of County Commissioners of Indian River County, Florida feel it is advisable and in the best interests of the people of Indian River County to establish by a Resolution minimum liability insurance coverage on all motor vehicles owned or leased by the Indian River County Volunteer Ambulance Squad, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that The Indian River County Volunteer Ambulance Squad, Inc., shall maintain insurance against legal liability for death, injury, or disability of any person arising from or in connection with the operation of any motor vehicle owned or leased or operated by the Indian River County Volunteer Ambulance Squad, Inc., Indian River County, Florida or any of its employees to the extent of THREE HUNDRED THOUSAND DOLLARS ($300,000.00) Bodily Injury liability per person, FIVE HUNDRED THOUSAND DOLLARS ($500,000.00) Bodily Injury liability per occurance and ONE HUNDRED THOUSAND DOLLARS ($100,000.00) Property Damage liability per accident. This Resolution shall become effective as of the 18th day of May, 1977. Attest: t Q Freda Wright, Clerk/ MAY 18 197f BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: ( - X -4a. William C. Wodtke, 1 - Chairman J i ATTORNEY COLLINS INFORMED THE BOARD THAT AS THE COUNTY BECOMES MORE URBANIZED, HE FELT IT WOULD BE IN THE COUNTY'S INTEREST TO REVIEW HOW OTHER COUNTIES HAVE HANDLED CERTAIN PROBLEMS, HE REQUESTED THAT WE OBTAIN CODE OF ORDINANCE BOOKS FROM TWO OTHER COUNTIES AROUND THE STATE OF FLORIDA SO THAT THEY MAY BE USED FOR REFERENCE PURPOSES. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY COLLINS TO PURCHASE CODE OF ORDINANCE BOOKS FROM TWO OTHER FLORIDA COUNTIES. ADMINISTRATOR .JENNINGS ASKED IF ATTORNEY COLLINS HAD REVIEWED THE DOT CONTRACT ON SECTION 88040-2512 WHICH PERTAINS TO SOME RIGHT-OF- WAY ACQUISITION IN FELLSMERE, ATTORNEY COLLINS STATED THAT HE HAD FOUND NOTHING UNUSUAL. THE ADMINISTRATOR SAID HE UNDERSTOOD THAT WE ARE REQUIRED TO OBTAIN THE RIGHT-OF-WAY FOR THE DOT, BUT BELIEVED IF WE INITIATE THE PROCESS AND THEN STATE THAT WE DON'T HAVE THE FUNDS AVAILABLE, THAT THE DOT STEPS IN AND TAKES CARE OF IT. IN ORDER TO GET THE RIGHT-OF-WAY, HOWEVER. THEY HAVE TO WORK THROUGH THIS BOARD. THE ATTORNEY STATED THAT HE WILL -,REVIEW THIS FURTHER. ADMINISTRATOR JENNINGS DISCUSSED WITH THE BOARD MAINTENANCE OF SEBASTIAN GROVE ESTATES. HE EXPLAINED THAT THE PLAT.OF THIS SUBDIVISION WAS PUT ON RECORD IN 1059: WAS SIGNED BY THE CITY OF SEBASTIAN: AND EVERYTHING INDICATED THAT IT WAS IN THE CITY OF SEBASTIAN. HE STATED THAT THE COUNTY HAS NEVER MAINTAINED IT AS LONG AS HE CAN RECALL, BUT HE RE- CENTLY RECEIVED A CALL FROM SOMEONE IN THAT AREA CLAIMING THAT THE SUB- DIVISION IS NOT IN THE CITY OF SEBASITAN. THE ADMINISTRATOR CONTINUED THAT HE NOW HAS DETERMINED THAT PART OF SEBASTIAN GROVE ESTATES IS IN THE CITY OF SEBASTIAN, BUT THE MAIN PART IS IN THE COUNTY, HE NOTED THAT THE ROAD NEEDS TO BE REPAIRED AND THE AREA NEEDS TO BE CLEANED UP AS PEOPLE HAVE DUMPED GARBAGE AND TRASH THERE, HE FELT WHOEVER MAIN- TAINS IT SHOULD MAINTAIN ALL OF IT AND CLEAN IT UP, BUT ASKED 1F THERE 'WASN�T SOME WAY TO REnUIRE THE OWNERS TO CLEAN UP THEIR PROPERTY. 'IN DISCUSSION THE BOARD FELT THAT THE COUNTY SHOULD TAKE OVER THE MAINTENANCE AND CLEAN UP THE RIGHTS-OF-WAY, BUT THAT THE OWNERS SHOULD BE MADE TO CLEAN UP THEIR PROPERTY, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO REPAIR MAY 18 1977 45 J. AND MAINTAIN THE ROADS AND CLEAN UP THE RIGHTS-OF-WAY IN SEBASTIAN GROVE ESTATES AT A TIME CONVENIENT TO THE COUNTY, AND AFTER THE CLEANING UP IS DONETO NOTIFY ALL PROPERTY OWNERS OF THE CONDITION OF THEIR LOTS. THE AMINISTRATOR DISCUSSED WITH TRE BOARD THE FOLLOWING LETTER FROM THE CITY OF VERO BEACH IN REGARD TO THE PROPOSED DRAINAGE FOR BARBER AVENUE AND SUGGESTED THAT A COP*? OF THIS LETTER BE SENT TO THE DOT AND THAT HE DISCUSS THE PROBLEM WITH THEM SO THAT THEY CAN CONSfDER INCOR- PORATING SOMETHING TO ALLOW FOR THIS PROBLEM IN THE DESIGN. FOR THE DRAINAGE ON BARBER AVENUE. It has core to my attention that the proposed drainage for Barber 3AA.�1 a SCa L C1 u1c1111C6C diLeh. -.rnis proposal causes me some concern considering the magnitude of the possible damage that might occur in the City's well field as a result of salt water.intrusion. As you know, our well field lies directly west of the proposed construction and anything that would allow tidal salt water intrusion further west could have serious consequences. At present our Consulting Engineers and Ground Water Geologists are developing a program to extract 5 million gpd of additional water from the present well field and adjoining property. To this end, monitoring wells are planned north and south of the hospital area, east of AlA, to monitor the long term effects of salt water intrusion as a result of heavier draws from the present aquifer and well field. •I strongly suggest that a salt water barrier structure be constructed at the discharge end of the proposed ditch, and that a meeting be held at an early convenient date with the Department of Transporta- tion., Department of Environmental Regulation, City and the County to see what precautions should be taken to minimize a potential threat to the area water supply and well field. Yours very truly, CITY OF VERO BEACH ri,W John V. Little City Manager 46 ., .423, 9PG'k un4 3 �T � City off` Vero Beat r" MAYc1,9l71 A 0. BOX 1389 - 1033 - 20.4 PLACE S iuv MO BEACH, FLORIDA - 32960 •� p, Ut11$ u�^( 7}lepGone 567 -51St � � OFFICE OF 714E 61TY MANAGER 9� MY a �•} 11s 1977 Mr. Jack Jennings County Administrator Indian River County Court House 14th Avenue Vero Beach, Florida 32960 Re: Drainage - Barber Avenue east of U.S. Highway 1 Dear Jack:, It has core to my attention that the proposed drainage for Barber 3AA.�1 a SCa L C1 u1c1111C6C diLeh. -.rnis proposal causes me some concern considering the magnitude of the possible damage that might occur in the City's well field as a result of salt water.intrusion. As you know, our well field lies directly west of the proposed construction and anything that would allow tidal salt water intrusion further west could have serious consequences. At present our Consulting Engineers and Ground Water Geologists are developing a program to extract 5 million gpd of additional water from the present well field and adjoining property. To this end, monitoring wells are planned north and south of the hospital area, east of AlA, to monitor the long term effects of salt water intrusion as a result of heavier draws from the present aquifer and well field. •I strongly suggest that a salt water barrier structure be constructed at the discharge end of the proposed ditch, and that a meeting be held at an early convenient date with the Department of Transporta- tion., Department of Environmental Regulation, City and the County to see what precautions should be taken to minimize a potential threat to the area water supply and well field. Yours very truly, CITY OF VERO BEACH ri,W John V. Little City Manager 46 ., .423, 9PG'k un4 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED OUT—OF—COUNTY TRAVEL FOR THE ADMINISTRATOR TO MEET WITH THE DOT IN FORT LAUDERDALE IN REGARD TO THIS PROBLEM WHENEVER A MEETING CAN BE ARRANGED. THE ADMINISTRATOR THEN.DISCUSSED WITH THE BOARD THE PROBLEM OF THE ACQUISITION OF 55' RIGHTS—OF—WAY FROM THE HOSPITAL AND VERO MED FOR BARBER AVENUE DRAINAGE AND 20' RIGHTS—OF—WAY FROM THEM FOR OUTSI71NG THE DRAINAGE OUTFALL. HE EXPLAINED THAT THE DOT HAS GIVEN THESE RIGHTS—OF WAY PARCEL NUMBERS AS FOLLOWS; PARCEL #1.1.6 — 55' R%W FROM VERO MED PARCEL #118 55' RAA FROM HOSPITAL PARCEL #800 - 20' " It " It PARCEL #801 - 20' a ,/ « ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT PARCEL #116 HAS BEEN SUBMITTED BY THE DOT TO TALLAHASSEE FOR CONDEMNATION, BUT HE ASKED THEM NOT TO SUBMIT PARCEL #800 AS THIS 20' WHICH WE HAVE BEEN DISCUSSING WITH THEM FOR NEARLY TWO YEARS,SOLELY SERVES DRAINAGE PURPOSES FOR VERO MED AND IS OF NO BENEFIT TO BARBER AVENUE. HE CONTINUED THAT THE HOSPITAL PARCEL #118 HAS NOT BEEN SUBMITTED FOR CONDEMNATION YET, AS AN APPRAI SAL MUST BE MADE BEFORE IT CAN GO- TOS SUIT. - THE ADMTN+STTR-1TORa NOTED THAT THE DEEDS SENT TO THE DOT FROM THE HOSPITAL AND VERO MED HAVE SEEN RETURNED TO US AND WERE FORWARDED TO THEIR ATTORNEYS$ WE HAVE HEARD NOTH— ING FURTHER FROM THEM, AND THE STATE WISHES TO KNOW WHAT TO DO AROUT RIGHT—OF—WAY, HE STATED THAT HE IS DISAPPOINTED, AFTER ALL OUR WORK TO TRY TO SOLVE THE DRAINAGE PROBLEM FOR THE HOSPITAL AND VERO MED, THAT WE WOULD HAVE TO GO TO CONDEMNATION AND PAY TO OBTAIN PROPERTY FROM THOSE WHOM THE ROAD WILL MAINLY BENEFIT. DISCUSSION FOLLOWED, AND THE BOARD FELT ONE FURTHER EFFORT SHOULD BE MADE TO NOTIFY THE HOSPITAL AND VERO MED OF THE SITUATION. CHAIRMAN WODTKE WILL WRITE A LETTER NOTIFYING THE HOSPITAL AND VERO MED OF THE PRESENT STATUS OF THIS MATTER, •ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT HE WOULD RECOM— MEND ACCEPTTNG THE LOW BID OF COAST TO COAST .JANITORIAL SERVICE, ON MOTION BY COMMISSIONER SIEBERT. SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF COAST TO COAST .JANI— TORIAL SERVICE FORJANITORIAL SERVICE FOR THE COURTHOUSE, THE ANNEX, AND THE PLANNING AND ZONING OFFICES IN THE POCAHONTAS BUILDING., AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $1,291.00 PER MONTH. RA a ATTORNEY COLLINS REPORTED THAT HE HAS FURTHER REVIEWED THE CONTRACT WITH THE DOT PERTAINING TO RIGHT-OF-WAY ACQUISITION IN FELLS - MERE, AND BASICALLY IT IS A.SITUATION WHERE THE COUNTY DOES NOT HAVE ADEQUATE FUNDS AVAILABLE AND IS AUTHORIZING THE STATE TO PAY FOR THE ACQUISITION THROUGH USE OF SECONDARY GASOLINE TAX FUNDS OR A BOND ISSUE, HE FELT IT IS SIMILAR TO CONTRACTS PREVIOUSLY APPROVED. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER PEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION NO. 77-49 AND AUTHORIZED THE CHAIRMAN `S SIGNATURE TO CONTRACT WITH THE DOT RE SECTION 88040-2512 ON STATE ROAD 512 IN THE CITY OF FELLSMERE. v 48 , - ?9 425 MAY 18 19 77 J { Rev. .11-75 J.. Section 88040-2512 COUNTY COMMISSIONERS RESOLUTION No`s 7749 On motion of Commissioner _ Loy , seconded by Commissioner Deeson , the following resolution was adopted: WHEREAS, the STATE OF FLORIDA DEPARTMENT •OF TRANSPORTATION has authorized and requested Indian River County A to furnish the necessary rights of way, borrow pits and easements for that portion of Section 88040-2512 from a point west of Orange Street in the City of Fellsmere Easterly along Pennsylvania Avenue approximately 1.219 miles. which has been surveyed and located by the STATE OF FLORIDA DEPART- MENT OF TRANSPORTATION as shown by a map on file in the Office of the Officer designated by law as the recorder for said County, and in the office of the said Department at Tallahassee, and WHEREAS, the said Department will not begin construction of said portion of said Section in said County until title to all lard necessary for said portion of said Section has been conveyed to or vested"i'n said State by said County, and -said lands are physically cleared of all occupants, tenants, fences, buildings, and/or other structures and improvements upon or encroaching within the limits of the land required for said portion of said Section; and WHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said rights of way, borrow pits and easements; now therefore, be it RESOLVED, that the STATE OF FLORIDA -DEPARTMENT OF TRANS- PORTATION be and it is hereby requested to pay for the rights of • way, borrow pits and easements for said road, including the removal of buildings, fences and other structures and improvements thereon, utility relocations and for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condem- nation, from proceeds of State of Florida Department of General Services bonds or secondary gasoline tax funds (Article XII, Section 9 (4), of Florida Constitution, and Section 335.041, Florida Statutes, as amended), whichever is available, under conditions set forth in the contract, of which this resolution forms a part; and be it further AY 18 1977.. qcat 9� RESOLVED, that said County through its Board of County Commissioners, comply with the request of, said Department and pro- cure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and deliver to the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION said lands physically clear of all occupants tenants, fences, buildings and/or other structures and improvements situate upon or encroaching a . within the limits of the lands required for said portion of said Section and that the Chairman and the Clerk of the Board be and they are hereby authorized and directed to execute and deliver on behalf of said County to said Department the Contract in the form hereto attached; STATE OF FLORIDA )' COUNTY OF INDIAN RIVA I HEREBY CERTIFY that the foregoing is a true and correct copy of resolution passed by the Board of County Commissioners of Indian Riv County, Florida, at a meeting held the 18 day of.' May ,w 1 . , Dw.-, 19=; 7T..- a24, re=c .. in the Commissioners minutes. IN WITNESS WHEREOF, I hereunto set my hand and official seal this 18th* day of May, , A. D. 19 77 21Z MAY 181977 Clerk of the Bbardypf County Commissioners S lo Rev. 11-75 Section 88040-2512 RIGHT OF WAY CONTRACT PROVIDING FOR USE OF SECONDARY GASOLINE TAX FUNDS OR STATE OF FLORIDA DEPARTMENT OF GENERAL SERVICES BOND FUNDS THIS AGREEMENT made and entered into this 18th day of May , 1977 , by and between the STATE OF FLORIDA pEPARTMENT OF TRANSPORTATION, an age ancy of the State of Florida, hereinafter called the "Department", and the COUNTY OF INDIAN RIVER , a Political Subdivision of the State of Florida; hereinafter called' the "County", W I T N E S S E T H: WHEREAS, -the Legislature of Florida has•designated and established State Road No. 512 , and the Department has located and surveyed a part of said Road designated as asn4n-;Ps17 and has prepared a Map of Survey and Location covering that portion of said Section 88040-2512 from a point west of Orange Street in the City of Fellsmere Easterly along Pennsylvania Avenue approximately 1.219 miles. in said County, as.•shown on a map, duly certified as provided by law, on file in the. office of the Department of Transportation, Tallahassee, Florida, and on file in the Office of the Official designated by law as the recorder for said County, and in the judgment of the Depart- ment said location and survey have been found to be practicable, necessary and to the best interest of the State, and WHEREAS, the Department has requested and authorized said County to secure by donation or purchase, if possible, the lands and property necessary for such right of way, borrow pits and drainage easements for said portion of said Section, and such as may here; after be found necessary by the Department for said portion of said Section, and WHEREAS, the County is financially unable at this time to provide the necessary funds from local sources to acquire the right of way, borrow pits and drainage easements, and WHEREAS, the Board of County Commissioners of said County, at a meeting duly called and held on the 18th day of * May.. 1 A. D., 19 77. adopted a resolution, a copy of which is attached here - MAY 181977 to as Exhibit "A" and made a part hereof, signifying its agreement to comply with the Department's said request, requesting the Depart- ment to pay for acquiring said lands for right of way, borrow pits and drainage easements from funds which have been or may be remitted to the Department under provisions of Article XII, Section 9 (4), of the Florida Constitution, and Section 335.041; Florida Statutes, as amended, for expenditure solely within the County, or from proceeds of the State of Florida Department of General Services bonds issued -for.-.-the purpose of constructing this project, and authorizing its Chairman and its Clerk, on its behalf, to execute this Contract; NOW, THEREFORE, for and in consideration of the premises and of the mutual undertakings• hereinafter set.forth, the parties mutually covenant and agree as follows: I. -The County shall forthwith furnish the Department with a title search made by a reliable Abstractor or Abstract Company showing the present ownership and record description of each parcel of land over -which said right of way, borrow pits and/or easements extend, together with all unsatisfied ora- out-st8?X1'!€ng- recorded- l :em -S, or encumbrances, leases and tax deeds, tax liens and tax certificates, or other interests, including possessive interests. Thereupon the Department shall prepare and furnish to the County the descriptions of said rights•of way, borrow pits and/or easements to be acquired for each of the several parcels of land, or interests therein as shown by said title search. The furnishing of said descriptions shall be solely for the assistance of the County and nothing in this paragraph shall be taken or construed as the Department's acceptance of the title, or quality of the title, to the land or easements shown, and shall not release or relieve the County of its agreement herein to furnish the Department free, clear and unencumbered title to the land required for said right of way, borrow pits and easements, or from any of its covenants hereunder. 2. After the Department has furnished the County said descrip- tion, the County shall proceed, out of the funds specified below, to acquire either by donation or purchase the free, clear and unen- cumbered title to the land so required as aforesaid for said portion -2- MAY 181977 qP fit 42 of said Section by the Department for said rights of way, borrow pits and easements, convey or vest the'same to or in the State of Florida for the use of the State of Florida Department of Transpor- talion, by good and sufficient deed or deeds, and deliver to the Department said land physically clear of all occupants, tenants, fences, buildings and/or other structurs.s and improvements situate upon or encroaching within the limits 6f the lands required for said porton of said Section and shall have adjusted or*secure arrangements .for the adjustment of all sanitary and/or storm sewers, gas mains, meter, water mains, fire hydrants, pipes, poles, wires, cables, conduits, and other utilities and facilities -situate or encroaching upon said land. Any land to which the County has heretofore acquired free, clear and unencumbered -title, which may be necessary for said rights of way, borrow pits and/or easements, shall be conveyed by the County to the State for the said use under the provisions of this section. 0 Upon completion, the County shall make a.certificate to the'Department stating for each parcel and instruments vesting the free, clear and unencumbered title thereto in the State and certify- ing the removal of all occupants, tenants, fences, buildings and/or, other structures and improvements and adjustment of all facilities and certifying that the free, clear and unencumbered title thereto is vested in the State and that all physical encumbrances are removed and.that said rights of way are ready for construction of said por- tion of said Section. 3. In'those instances where the County is unable to acquire, either by donation or purchase the lands and property necessary for such right of way,.borrow pits and drainage easements for saidp or - tion of said Section, and such as may hereafter be found necessary by the Department for said portion of said Section, the County shall notify the Department of the necessity for condemnation proceedings. The Department shall then, at its sole option, either condemn the lands or authorize the County to do so. In those cases where the Department authorizes the County to handle the condemnation proceed- ings, the County shajl make a certificate to the Department stating -3- AY 18 1977 N. .VA .3 for each parcel condemned the instruments v,•,ting.thc free, clear and unencumbered title thereto in the State and certifying the removal of all occupants, tenants, fences, buildings and/or other structures and improvements and adjustments of all facilities and certifying that the free, clear and unencumbered title thereto is vested in the State an tha= all physical encumbrances are removed and that said rights of way are ready for construction of said portion of said Section. 4. Commencing with the date when the Department shall begin construction operations on said portion of said Section, and at all times thereafter for so long as said portion of said Section shall continue to be a part of the State System of Roads the County, solely at its own expense,isnall save, defend and keep the State of Florida, and the Department, its officers, employees and contractors harmless from any and all damages, claims or injuries, actions at law or suits in equity arising from or growing out of any defect or alleged defect affecting the title or right of possession of the State of Florida for the use of said road, to.any portions of the lands, borrow pits and easements acquir°ed- by- the=.County a-nd- required by the Department for said portion of 'said Section as aforesaid, or because of the lack of title or right of possession thereto or by reason of encumbrances thereon, or failure to have removed occupants, tenants, fences, buildings and/or other structures and improvements or made or caused to be made adjustments of utilities and facilities thereon, and the County agrees to pay and discharge all lawful claims, damages, judgments, decrees and any other expenses arising from or growing out'of such claims, injuries, actions or suits. 5. The Department agrees, at.the direction of the County, by resolution attached hereto and made a part hereof, to pay for items set forth in Paragraph 7 below, either from proceeds of State of Florida Department of General Services bands issued for the pur- pose of construction this project, or -from secondary gasoline tax funds (Article XII, Section 9(4), of the Florida Constitution, and Section 335.041, Florida Statutes, as amended). 6. -The County agrees that its acquisition of said rights of way, borrow pits and easements shall be conducted under supervision -4- MAY 18 1977 3� 0 of the'Department. Upon receipt of the necessary and proper infor- mation from the County, the -Department shall prepare requisitions for payment out of said funds directly to the proper persons for the items set forth in Paragraph 7. 7. The purchase or condemnation of the lands or interests required for rights of way, borrow pits and/or drainage easements for said portion of said Section as, a oresaid shall be paid for -in the following manner: An appraisal shall be prepared of costs and damages required for the acquisition of'the lands and ease- ments and the clearinq of the right of way of all physical obstructions which shad be approved by the Department. After the appraisal is thus approved, expenditures of said funds will be approved for the following purposesEand in the following amounts: 1. Payment.of the price for the parcels of land or easements arrived at either by negotiation or by awards in condemnation including relocation assistance as applicable under Department policies and regulations. 2. The costs of title search and other title infor- mation up to such amount as may be approved by the Department. 3. The costs of the appraisal up to such amount as may be approved by the Department,.provided the appraiser is approved by the Department before he is employed. . 4. The compensaticn to be paid to the County Attorney, if applicable, handling the condemnation proceedings shall be a reasonable fee, as determined by the County Commissioners and approved by proper resolu- tion, which shall, in all cases, be subject to approval by the State of Florida Department of Transportation. 5. Payment into the Registry of the Court of amount set out in Order of Taking, if proceedings are instituted under Chapter 74, Florida Statutes. The County agrees not to stipulate for or agree to expenditure of funds from this deposit without approval of sane by the Depactment, and further agrees that money so deposited shall be used only for the payment of awards of compensation to pro- perty owners; and the County further agrees to reimburse the Department for any money expended from said deposit for any other purpose. IN WITNESS WHEREOF, the Department has caused this Agreement to be executed in quadruplicate by -its Director of Administration and Executive Secretary, and its official seal to be affixed; and -5- MAY 181977 i the County has caused it to be executed by its Chairman and its Clerk, and its official seal to be affixed, the day and year first above written. Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT OF in the presence of: TRANSPORTATION BY: Director of Administration ATTEST. (SEAL) As to the Department .Executive Secretary COUNTY OF INDIAN RIVER , FLORIDA BY: Chairman GG ATTEST: (SEAL) As to t&b County Clerk of the Board of b unty Commissioners 919Gv 43 MAY 181977- ; CHAIRMAN WODTKE DISCUSSED WITH THE BOARD A PETITION REQUESTING VOLUNTARY CHANGE OF VOTING STRUCTURE RECEIVED FROM THE NAACP, GIFFORD, FLORIDA, BRANCH, AS FOLLOWS: 57 MAY 181977.434 J. To. COUNTY COID-11SSION IN AND FOR INDIAN RIVER COUNTY, FLORIDA. FROM: NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE GIFFORD, FLORIDA, BRANCII. PETITION RE2UESTING VOLUNTARY CHANGE OF VOTING STRUCTURE COMES NOW the petitioner, NAACP, Gifford, Florida, Branch, by and through their undersigned Attorney, in filing this their pet- ition requesting a voluntary change of the Voting Structure in Indian River County, Respectfully Says: 1. That the Petitioner, Gifford Chapter of the NAACP, is a nonprofit organization, and represents the interests of minority groups in Indian River County, Florida. 2. That specifically, herein, petitioner represents minority citizens, taxpayers and electors of Indian River County, Florida. 3. That Rlack citizens, taxpayers and electors are being de- nipA t -'ha ric,114- to d++A nrnrP'Q1C and ernial nrntp.r.Hnn nf- the In as as guaranteed by the Fourteenth Amendment to the Constitution of the United States, in view of the Voting Structure as it now exists in Indian River County, Florida. ° 4. That the Voting Structure, as it now exists, operates to provide non -representation by Blacks in Indian River County, Florida, and prevents Blacks from participating in the Political . r • process whereby they have been and will continue to be unable.to elect their choice of.representative in the County Government. And such a process', as it now exists, operates so as to minimize or cancel the Voting Power of Blacks in Indian River County, Florida. 5. That this cancellation of voting power and denial of the political process is evidenced by the political process leading to nomination and election in the past and present not being equally open to participation by the Black Community and that this -is shown by Blacks having little or no power in the selection of canidat:es and that no Blacks have over been elected to the 0 MAY 18 1977 v43 � - v -2- County Commission and that there is no probability that any will ever be elected where the present system continues in existence. 6. That the dilution of rights of Blacks in this County is further shown by a history of racial discrimination, if not by design, then certainly by the effect that this present system perpetuates. 7. That this discrimination points out the absurdity of the pre- sent system, in that precincts are not consistent with the geographi- cal make-up of districts within the County. 8. That where all County Commissioners are elected at large, no individual voter is adequately represented as per the geographical area in which he or she lives. And where, as here, precincts.are scattered at random and not being representative of a single district whereby persons from -that geographical district may elect their can- didate -to protect or'assert their interests, the one-man one -vote concept has no meaning whatsoever. 9. That Blacks (largest concentration being in Gifford) are en- titled to"have adequate representation within the County government and should " consist' of a single district- having within precincts ii'.^i.V iTR 1M^ �uW4 Vi✓ VJT.� ZZ I i �� J "b Y ict, tftus u7ira�' aL1.0 tCJ CA. L. tt C411U.LU 4C .1.1 u1L1 their geographical area (from one -of the precincts located therein) to represent them. WHEREFORE, Petition requests that the Commission would entertain the following: a. Restructure voting districts in the County which would P be designated by geographical areas. b. Provide that districts will be made up -of geographical precincts which would comprise each geographical district. c. Provide that each Commissioner would be elected from each geographical district and must•reside therein. d. Provide that no more than one(1) Commissioner would be a elected at -large. e. Provide an opportunity for petitioner to be heard at the earliest County Commission meeting, after giving reasonable written r notice, and allowing, petitioner to be heard during; the evening hours at a public hearing. �' 2 3 MAY 181977 01pnk � k !-3- • RESPECTFULLY SUBMITTED,- J . B Y JL 1i TNG�-, ;SQ .' ATTORNEY FOR SCP, GIFFORD BRANCH 2871 45TH -reet Gifford Florida 32960 (305) 69-2424 • i • a r o MAY 181977 THE CHAIRMAN NOTED THAT ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS. HAS GONE OVER THIS MATTER WITH ATTORNEY COLLINS AND DID NOT FEEL SHE HAD ANYTHING TO ADD TO THE REMARKS ATTORNEY COLLINS IS GOING TO MAKE. CHAIRMAN WODTKE ADDED THAT THE NAACP HAS REQUESTED A PUBLIC MEETING IN REGARD TO THIS MATTER SOME EVENING. ATTORNEY COLLINS STATED THAT BASICALLY WE ARE DEALING WITH TWO STATUTES AND THE STATE CONSTITUTION, ALL THREE OF WHICH ARE CONSISTENT, THE PETITION IS REQUESTING THAT AN AREA BE DESIGNATED MAINLY INCLUSIVE OF GIFFORD AND WITHIN THAT AREA A COMMISSIONER BE ELECTED SOLELY BY PEOPLE IN THAT AREA. THE STATE CONSTITUTION CLEARLY REQUIRES THAT COMMISSIONERS WILL BE ELECTED BY A VOTE AT LARGE UNLESS OTHERWISE SET OUT BY CHARTER GOVERNMENT, AND THE.STATUTES INDICATE THE SAME, THE ATTORNEY NOTED THAT THE BOARD HAS NO VEHICLE TO CHANGE THIS AND STATED THAT HE WOULD BE GLAD TO WRITE ATTORNEY J. BLAYNE KENNINGS INDICATING THE STATU- TORY AND CONSTITUTIONAL AUTHORITY AND DETERMINE WHETHER HE WISHES TO TAKE ANY ADDITIONAL ACTION. _CHAIRMAN WODTKE POINTED OUT THAT OUR DISTRICTS ARE FROZEN BY FEDERAL LAW UNTIL 1980. ATTORNEY COLLINS INFORMEDIHE BOARD THAT THE SUPERVISOR OF ELECTIONS SAYS THERE IS SOME AUTHORITY TO CHANGE THE DISTRICTS IF THEY BECOME LOPSIDED, BUT HE DOES NOT FEEL THIS IS THE CASE AND DOES NOT BE- LIEVE WE WOULD HAVE A BASIS FOR CHANGING THEM, THE CHAIRMAN INSTRUCTED ATTORNEY COLLINS TO WRITE ATTORNEY JENNINGS AS HE SUGGESTED, COMMISSIONER SIEBERT STATED HE DID NOT SEE WHAT USEFUL PURPOSE IT WOULD SERVE TO HAVE A PUBLIC HEARING AS THE BOARD HAS NO STATUTORY AUTHORITY TO MAKE THE CHANGE REQUESTED UNTIL SOMETHING IS CHANGED ON A STATEWIDE BASIS, AND SINCE SUCH A CHANGE WOULD REQUIRE EITHER A CON- STITUTIONAL CHANGE OR CHARTER GOVERNMENT, IT 1COULD NOT HAPPEN VERY SOON IN ANY EVENT. CHAIRMAN WODTKE STATED THAT HE HAS HAD NO CONVERSATION WITH ANY REPRESENTATIVE OF THIS GROUP AND FELT IT WOULD BE WORTH WHATEVER TIME IT MIGHT TAKE TO MEET WITH THEM AND EXPLAIN OUR POSITION TO THEM, HE NOTED THAT WE DO NOT HAVE THE STATUTORY RIGHTS TO DO THINGS THAT MUNICIPALITIES CAN, THE CHAIRMAN ALSO FELT THAT SOME OF THE STATEMENTS IN THE PETITION ARE INACCURATE, AND HE WOULD LIKE TO DISCUSS THEM. 63 MAY 18 1977 I COMMISSIONER SCHMUCKER AGREED THAT WE SHOULD HAVE A PUBLIC HEARING AND TELL THEM OUR RESONS DIRECTLY. COMMISSIONER Loy STATED THAT SHE WOULD LIKE ATTORNEY COLLINS TO RESPOND TO ATTORNEY JENNINGS IN REGARD TO THE LEGALITY AND INFORM HIM THAT THEY CAN BE PUT ON THE NEXT AGENDA, IF THEY WISH. THE CHAIRMAN SO INSTRUCTED ATTORNEY COLLINS AND ADDED THAT WE WILL SET UP AN EVENING MEETING IF DESIRED. CHAIRMAN WODTKE REMINDED THE BOARD THAT AT THE LAST MEETING HE HAD ASKED THEM TO GIVE SOME THOUGHT AS TO WHETHER THE BOARD WISHES TO SEND A DELEGATION TO OCEAN CITY, MARYLAND, IN CONNECTION WITH THE BEACH EROSION STUDY. COMMISSIONER SIEBERT POINTED OUT THAT THERE IS GOING TO BE A PUBLIC HEARING HELD BY THE CORPS AT OCEAN CITY SOMETIME IN JUNE, THERE WILL BE A TRANSCRIPT OF THE HEARING, AND HE FELT IT WOULD BE A WASTE OF THE TAXPAYER S MONEY TO SEND A DELEGATION TO OCEAN CITY. COMMISSIONER LOY AGREED THAT WE WILL HAVE ACCESS TO THE FINDINGS WHEN, THE. HEARING. IS_. OVER,, AND- SHE. DLII: NOT FEFJ. WE,.,- CAN JUSTIFY SPENDING THE MONEY TO SEND A DELEGATION. CHAIRMAN WODTKE STATED HE FELT THE COUNTY SHOULD LOOK INTO OCEAN CITY IS BEACH BULLDOZING PROGRAM, BUT AT A CONVENIENT�TIME,.POSSIBLY WHEN A BOARD MEMBER HAS TO GO TO WASHINGTON FOR SOME SPECIFIC BUSINESS. HE CON- TINUED THAT HE DID NOT BELIEVE THEY ARE USING THEIR BULLDOZING EQUIPMENT NOW, UNLESS POSSIBLY ON AN EMERGENCY BASIS, AND NOTED THAT THE STUDY THE CORPS IS SUPPOSEDLY DOING WILL TAKE SOME TIME TO MONITOR. HE FURTHER NOTED THAT HE HAS HEARD THERE MAY BE A REQUEST FOR A SIMILAR PROGRAM IN THE JUPITER, FLORIDA, AREA. COMMISSIONER SCHMUCKER STATED THAT HE IS DEFINITELY IN FAVOR OF GOING TO OCEAN CITY, MARYLAND, AND INSPECTING THEIR PROJECT WHEN ONE OF THE BOARD MEMBERS IS IN THAT AREA. THE BOARD AGREED. ATTORNEY COLLINS INFORMED THE BOARD THAT HIS FIRM HAS SOME INTER- IM BILLINGS FOR HOURS SPENT WORKING ON CONDEMNATION SUITS. THE DOT REGU- LATES HOW THIS BILLING IS DONE, AND HE ASKED THE BOARDS APPROVAL SO THE BILLINGS MAY BE SENT OFF TO THE DOT. THE BOARD REVIEWED THE BILLINGS, AND ON MOTION BY COMMISSIONER SIEBERT, SEONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BILLINGS BEING FORWARDED TO THE DOT FOR PAYMENT. A_r 64 MAY 181977 Qe r pit ��� 439 MAY 18 JOA77 4 4 Col 63, drown, Vin De VoorJe, Evan mannan• CHARTERED • ATTORNEYS AT LAW • rMIL O. DURC14 - 1934-1976.1. ?44 ag,�CHL^NO BOULEVARD. VZRO BEACH. FLORIDA 32900 005467-3463 GZORGS O. COLLINS. JR. CALVIN ". DROVM 13P.O..BOX260 • ItENN C. VAN VE VOORDS. 20NORTH U.S.N0.1 JkALPM L_ UVANS "BASTIAM FLORIDA 32956 51 #I"" MARRING ._30S-3094MG May 18, 1977 Department of Transportation 780 S.W. 24th Street P -t'Lauderdale, Florida oi 'RE: DOT v- Security "X" Corporation, et al*- Case No.. 76-873 Section: 88060-2509 - SR­60- Onewaj, Pairs STATEMENT -FOR SERVICES RENDERED from Novefaber.24, 1976 to date: HOURS 11/22/76 Letter from B.T..Cooksey re: -parcels 129 & 729 ..25 :12/7/76 Letter to Dade County Sheriff- .25 ter from consel for Greyhqund,Linesw.. 12/16/76 Letter .25 12/22/76 Letter to DOT attorney .25 12/27/76 Letter from B. T*. Cooksey, Esq.'*, .25 -1/6/77 Letter from DOT .25 1/10/77 Letter from DOT% 1/14/77 3 copies of .letters- from. DOT'. 1/17/77 L&ttex1- .1/18/77 Letter to DOT:--....-. _,t25 1?18/77 . Letter -from Sherman Smith r-ES4 25 .:..:. . 1/26/77 Letter from*.B.*-T..Cooksey--Esq. 25... ". Z --:.�.1/29/77 :Lettet. to B.'-.T`.-,C6oksey,. Esq.'., re-: parcels - 29.. and ;729. 2/3/7.7. -DOT -. Letter to 2/3/77 Letter tocounsel for Greyhound' Lines. - 2/17/77 Letter to DOT -%'25 2/17/77 Letter to B. T. Cooksey, Esq. .25 2/28/77 Letter copy from DOT -.25 3/8/77 Letter to B. T. Cooksey, Esq. .25 PLEADINGS: for Default (filed 12/2/76) .50 .Notion Amended Complaint re: Greyhound Lines (12/7/76) .50 Notice of Voluntary Dismissal as to Hazel'Eubanks .50 .-ReView of Motion to Add Party Defendant .25 greement for Order to Add Party Defendant. .25 r MAY 18 JOA77 4 4 MAY i 1977 = ' ,k N : "•AT Review of Answer of new party defendant '...50 Attendance of Order of Taking Hearing (12/22/76), 1.00 Preparation of mailing of Order of Taking •••1.50 Review of Motion to Produce (12/23/76)• 1.00_ .:Preparation of mailing of Clerk's Certificate of ! :Deposit . . .50 ' "• . •' 'Preparation of* Ficial Judgment re:, parcels 'I29 &"729 -1.00 Review of Motion .to Withdraw .Funds .(124 & 724), :.25 ; -r ''Agreement to Order on Withdrawal. (124 & 724)'.'.25 Review of Motion to Withdraw Funds (130 V. 749) .,25 Agreement to Order on Withdrawal •t130 & 749) .25 Motion and Order for deposit of additional funds : re: 'parcels 129 & 729 ;50 Review of Interrogatories and preparation of Answers thereto - • 3.00 Activities in compliance with* Motion to Produce 1.00 " Preparation of Final Judgment and Stipulation - re: parcels 102 and 702 1.00 .Review of Independent appraisal for parcels ' 130 & 749 4.00 o. Telephone communications -re: parcels 102 & 702 .25 Telephone conference with B. T. Cooksey, Esq. X50 Telephone conferences with Charles -Smith, Esq.. X50 'Telephone conferences.with Art Burrows, Esq. .50 _( Telephone conferences with Ken Sharp, Esq., re: •.50 settlement on parcels 130 & 749 Telephone conference. with DOT (Tallahassee.) X25 3 :TOTAL .HOURS :------------ •. 22.25 �= `` - 21.25 Hours at $45.00-' per Hour 5 3-00 : Hour-- at . $5,p-0JD, �0 �;. . aom . COSTS AbViNCED: Long'- Distance Calls 18:09' Xerox copies _�'; ' �� 12.00 P Clerk's -fee for certified copies-. - 7.50 Postage: 2.86 TOTAL AMOUNT DUE .' . ' . . . . $1,046.70 -To my best knowledge'and belief all times.and charges in this statement were reasonable -and necessary in the proper prosecution of this matter, .and further, to my best knowledge and belief, the request for payment.to the attorney or.firm is not in violation . of the Florida•Statutes 216:262 (1) or Attorney General's opinion #066.8 as it relates to Florida Statutes 282.051 (6} as ' �.ncorporated into Florida 'Statutes 216.262;" PH EVANS of the Law Firm of. Collins, Brown, Van de Voorde, Evans and Manning ' : .. • `.� a .^' - MAY i 1977 = ' ,k N : "•AT Collins. Brown. van De Voorcic. E,ans &-running CHARTERED ATTORNEYS AT LAW - 04"0. RUM" -034.0T5 AeAte WnrTOI e - 76e6ueHLANO RouLevwnD 424"11 R. COLLINS,21 . VERO REACH. FLORIDA 7ie60 - . CALVIN 6. RROWH - — - 803-Ra7-3493 FAMILVANDEVOCROa- . RALPH EVANS 'n►.O.90R266 • am6lueaIANN1N6 am NORTH Y.S. No.1 6EOASTIA/4 FLORIDA 32246 605.666.3155 eApril 6, 1977 " Finance Officer _ ` __ _ • --- _ _ _ Indian River County " :.. Vero Beach, Florida 32960 _. 'Department of Transportation a •780 S.W. 24th Street i Lauderdale, Flojida 33315_ - RE: D.O.T. & Indian River County v. Abe Quarles, et al. Case No. 76-974, Section 88060-2509 - State Rd. 60 STATEMENT FOR SERVICES RENDERED TO DATE: ' - Review of correspondence from D.O.T. °. '(6 copies) .50- �_ _ Letter to Art Burrows(D.O.T_ atty.) .25 Letter John Harris (D.O.T.) .25 Letter from Pisani's re parcels 946 & 803 •25 Letter to Pisani's `.25 Letter to C.R. McDonald, Esq. re parcel 709 .25 ' Review of correspondence from D.O.T. (4 copies) .SO �:. �• Preparation of file and filing of pleadings 2:00 ' 6 ' , Review of Answers of defendants (2) .50 Preparation of Default .50 Motion for Dismissal re parcels 735, 738, 746 & 803 :50 Order of Dismissal .SO Preparation of Order of Taking o50 Attendance of Order of -Taking hearing .50 Mailing.,of Order of Taking _ 6 .25 Review Appearance of Counsel re #709 s- .25 *Preparation Certificate of Clerk & mailing .25 Final Judgment and Stipulation r0 :3 parcel 709 2.00 TOTAL HOURS 10.00 1. 9.1/2 Hours at $45.00 per Hour ------ -------� X405.00- t :'1/2 Hour at $50.00 per Hour--------_.��____ 25.00 r r ATTORNEYS ' - .. . FEE `� i "' • $430.00 COSTS ADVANCED: _ sf Clerk of Circuit Court (filing) $ .24.00 Sheriff Norval •� I : Clerk of Circuit Court 7.50 (certified _,..•. copies) - ..S.00 _ Xerox 6:00 TOTAL AMOUNT DUE -------------------- $'472.50 •To my best knowledge and belief all times and charges in this statement were reasonable and necessary in the proper " prosecution of this matter, and further, to my best knowledge and belief, the request for payment to the attorney or firm. is not in violation of the Florida Statutes 216.262 (1) or ' Attorney General's opinion #066.8 as it relates to Florida -Statutes R . - 282.051 (6) as incorporated into Florida Statutes ' 261.262." 6 RALPI L. EVA of t C Law r ' rm of Collins, Brown, Van de Voorde, Evans Manning Attorneys for Indian River County ' MAY 181977 • i Collins. Brown. Van Dc vooJe. J:,ans & rlanningt CHARTERED ATTORNEYS AT LAW pAYL0.r11rCN•N114.66T6 - - •Puma ftn Ta a P.O. ro: x66 . T64 r6ACNLAND oovLEVARD . • Ve1t069AON.«0AI0A9"4Q I GCOMEO. COLL6.r. AE 306.46113463 9ALVM1L6A*W"%ril 6, 1977 o�.aroxxa i •6Nr0. VAN OE VOONO[ p M HOWN O.6. N0.1 rAU"LrVAN6 826A4T1Ae4►►0WDA3a056 t O6MY/1A.OYNO• • .. . , _ r06•r66-17150 i Finance Officer 'Indian River County ' Vero Beach, Florida 32960 e ° Department of Transportation 780 S.W. 24th Street - L Fort Lauderdale, Florida 33315 RE: D.O.T.'and Indian River County v. Roberts of Vero, et al., Case No. 76-666, Section: 880-2509, State Road 60 STATEMENT FOR SERVICES RENDERED FROM NOVEMBER 24, 1976 TO DATE: Letter to Jack Hockman, Finance Director, Indian River County -.25 Letter -from Charles R. McKinnon, Esq. .25 Review of Notice of Appearance & Withdrawal of Counsel re parcels 120 and 720 .25 Answer to Interrogatories re parcels 105 and 705 1.50 Defendants'' First Rbgues°t for` Admissibn,.-- ° _and response thereto re parcels 105 and 705 1.00 ° Telephone conference with Art Burrows, D.O.T. attorney re production of documents (4/6/77) .25 TOTAL HOURS 3.50 3 fours at $45.00 per Hour$157.50 • ATTORNEY'S FEE -------------- $157.50 COSTS ADVANCED 1� 4: Clerk of Circuit Court tcopies) $ 2.00 - Xerox 4.50 TOTAL AMOUNT DUE --_----- ---- $164.00 •To my best knowledge and belief all times and charges in this statement were reasonable and necessary in the proper prosecution of this matter, and further, to my best knowledge and belief, the•request for payment to the attorney or firm is not in violation of the Florida Statutes 216.262 (1) or _. .. Attorney General's opinion #066.8 -as it relates to Florida - Statutes 282.051 (6) as incorporated into Florida Statutes 261.262.° .'RALPIf L. EVANS of the Law Firm of _._ Collins,,Brown, Van de Voorde, Evans and Manning Attorneys for Indian River County I • MAY 443 181977 Collins, Brown. van De voorJc. Evans & Maiming CHARTERED ATTORNEYS AT LAW . ►AOLp•taYRCN•N)JC•� - ILlAlO RenTTa • O►.o.eox7es. �. 9M DEACNLAND 000LEVARD VIERO SEACK FLOWDA 72900 460R0E0.00LUN%J0. !; . 900.5.7.1"3 . CALVtl/0.0ROWN KFAZILVANDEVOORDE - C►.o.0oX2w VAUWL9VAN9 , amKom"Y3. Km •9&A011AMftORI0A 72900 ' #April 6, 1977 _.Finance Officer• ' Indian River County Vero Beach, Florida 32960 Department of Transportation ' 780 S.W. 24th Street . .,. Fort Lauderdale, Florida 33315 e• ' RE: D.O.T. and Indian River County v, R. W. Routh, et al., Case No. 76-659, Section: 88060-2509, State Road 60 STATEMENT.FOR SERVICES RENDERED FROM NOVEMBER 24, 1976 TO DATE: Letter from Chailes-Smith, Esq. .25 -Letter to Samuel Block, Esq. .•25 . Correspondence from D.O.T.(copies) ..25, - Review Defendants' Request for Admissions re parcels 104 & 704 .50 Review Motion to Produce re parcels •104 , 704 ,110. &- 107 Complying with Motion 1.00 Interrogatories re parcels 104 & o . 704 1.50 Answers to Interrogatories 2.00 •. Reveiw Motion to Compel Answers -re parcels 104 and 704 .25 Notice of Hearing re Motion ..25 Motion to Compel Inspection re parcels 104,704,110 & 107 ......25 -' Attendance of Hearing re Motions .50 - Telephone conference Art Burrows, D.O.T. attorney (4/5/77) .25. Telephone conference Charles Smith, Esq.' 1.00 TOTAL HOURS -------------- 9.25 8.75 Hours at $45.00 per Hour ----------•----- $393.75 .50 Hours at $50.00 per Hour -------------- 25.00 • - ATTORNft S FEE ----------------------------- $418.75 COSTS ADVANCED: it Long Distance call to D.O.T. 1.96 b• Xerox 6.00 TOTAL AMOUNT DUE ----------M --- -.. --- _. ----- $426.81 'To my best knowledge and belief all times and charges in this statement were reasonable and necessary in the proper prosecution of this matter, and further, to my best knowledge and belief, the request for payment to the attorney or firm ie not in violation of the Florida Statutes 216.262 (1) or Attorney General's opinion #066.8 as it relates to Florida Statutes 282.051 (6) as incorporated into Florida Statutes 261.262.0 RALPH L. EVANS of the Law Firm of Collins, Brown, Van de Voorde, Evans and Manning Attorneys for Indian River County MAY 18 1977; COMMISSIONER SCHMUCKER REPORTED THAT THE DATA PROCESSING STUDY COMMITTEE MET LAST MONDAY AND WILL MEET AGAIN NEXT MONDAY, BUT HAS NOT COME TO A FINAL CONCLUSION AT THIS POINT. COMMISSIONER SCHMUCKER INFORMED THE BOARD THAT DISCUSSION IN RE- GARD TO THE PROPOSED WIDENING OF 16TH STREET WAS POSTPONED ON THE CITY COUNCIL AGENDA, AND HE WILL MEET WITH LEWIS GREENE OF THE PUBLIC WORKS DEPARTMENT AND OTHER CITY OFFICIALS ON FRIDAY TO DISCUSS THE MATTER. COMMISSIONER DEESON REPORTED THAT HE HAS MET WITH THE WABASSO CITIZEN'S ASSOCIATION, WHO ARE VERY CONCERNED ABOUT THE CONDITION OF WABASSO BEACH. HE ASKED THEM TO SUBMIT A LETTER TO THE BOARD.SETTING OUT THEIR REQUESTS, AND THEY SENT A LETTER AS FOLLOWS: FIR MAY 181977 I Box 206 W abaanso, Fln. 32970 1�'@ 1213 tiny 10. 1977 V^ Board of County Coeuains tonere V 10-4Y 1%77 lndlen River County h aEwrg.;.� ►::: Court House, taro hench, Fl.a, 32960 ms ruu ^� Attention William w:of?,ce. Chnirman O'COANIssroN RS ,. 2 Gentlemene �� . c�`j8�'f�9l�Z�� The 11aba1sso Citizen's Association. Inc« would lilre to inform tlae Board of County Comm! sr-1onors of 7ndirn River County of the very poor condition of the facilities at Wabasso 8cac}a. Since Amber gond Beach 1s unident-if inblo, and overgrorn idth weeds, and Wa an.sso Beach 4; the only readily accessible public. bench in the north end of t..e county, we the members of the Wobaanso Citizen's Association would lilces the commissioners to correct the fol?owinge The beach is very dirty, strerm with empty .e ans, oto4 #2.. There is no water for rinsing or showering, �3« We need better and more permanent bathroom facilities as well an a bathhouse.. 4 . Trash cans are always over -flowing.. ' 5. Old Filings need: to be removed In order to prevent acoldents:. 0e Steps or stairs .care needed from the sluff to_ the; beach. ?� Concrete posts and 011DIUs are needed to protect tine 'park area, 14rabasso Bbseh reeds to be properly identified from A -l -A and other apxr:•^taches.. , 'sei • MI.' .•..V .rYisuv Oilat ivwia:CWt4 11VN DLII:ioiE'ni;:Cy parro.Liefl. #10e. out oakst signs be posted. not permitting dugs on the beach with- Oi3� 8 lleash,.iF21. We ask that separate meas be designated Sar surfers.. #1:2.• Ficnie facilities need cleaning and maintenance„ (Picnic taablerj. We sugrgent *that an older lifema3rd Who would have more authority, and who would clenn and pielc up the beach be hired, by the county` his duties would call for Increased salary... We also coals that arrcingenents be made with someone to -live on the premises ( in a mobile hone or cornper) In order to dircouraag;ee valtidaal- i.nm. over -night camping and to keep the pzrls and picnic facilities c3.& --T It has boon supg:ented thst county work erea:s visit the Area more re g.. u1srily for cleaning and rasintertarlee purposes.. Many people from the north and of Indian Diver County, an 1,1011 as tourists use Wnbnsno i+ench. It in at dissraace to the count precnnt eondition, nand ue* urge the commissioner€+ to tal:aS its In keeping It prose�ntable rind saafo U.3f ore considerin thepuproper sato o:a other available beach property, g ysurelraasre, of Some of our r -embers suave 3nvostipaateei Hobart Inrk facilities aancl found thea» to be clot -n and Ratisfnetory. We %iculd lilco to Bee3 Wobasno Beach in aas good uoudition. Vcsry trul'y1 yours. Bratty ldiriteaxriattr., Pret}.e1c:r�L' lYa,l.;,r�:,u l:it•i:srrr"r, rra:;c�C.ktativn, �:ta,a. a - , MAY 18 1977�� ��r% il r COMMISSIONER DEESON STATED HE AGREED THAT THE FACILITIES DEFI- NITELY NEED TO BE UPGRADED AND STEPS INSTALLED DOWN TO THE BEACH. HE ASKED FOR SOME DIRECTION FROM THE BOARD AS TO WHAT STEPS COULD BE TAKEN TO ACCOM- PLISH THIS. COMMISSIONER LOY AGREED THAT THE LETTER OUTLINES MANY OF THE PROB- LEMS WE HAVE HAD THERE FOR QUITE SOME TIME AND STATED SHE WOULD LIKE TO SUGGEST THAT COMMISSIONER DEESON BE AUTHORIZED TO GET TOGETHER WITH THE ADMINISTRATOR AND THE PLANNING DEPARTMENT AND COME UP WITH SOME PRELIMINARY PLANS AND COST ESTIMATES. THE CHAIRMAN APPOINTED COMMISSIONER DEESON CHAIRMAN OF THE COM- MITTEE TO STUDY THE NEEDS OF WABASSO BEACH. HE ALSO APPOINTED ADMINISTRA- TOR .JENNINGS AND INTERGOVERNMENTAL COORDINATOR THOMAS TO THE WABASSO BEACH REDEVELOPMENT COMMITTEE AND SUGGESTED THAT SOME MEMBERS OF -THE WABASSO CITIZEN°S ASSOCIATION BE INCLUDED ON THIS COMMITTEE. COMMISSIONER SCHMUCKER NOTED THAT SOME OF THE PARKING SPACES ON 22ND STREET OUTSIDE THE COURTHOUSE ARE VERY LITTLE USED, AND HE FELT THEY SHOULD BE CHANGED FROM 2 -HOUR PARKING TO ALL -DAY PAR*I-N THE -BOARD IN- FORMED HIM THAT THIS IS A CITY STREET, AND THE COUNTY HAS NO JURISDICTION OVER IT. ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT HE NOW HAS RE- CEIVED ALL THE RIGHTS-OF-WAY ON 42ND STREET AND WILL PROCEED TO PROCESS THE BASE AND PUT ON THE WEARING SURFACE. HE REPORTED THAT THE PARK NEAR GIFFORD HAS BEEN GRADED AND MARL PUT IN, BUT NO GRASS BECAUSE OF THE LACK OF RAIN. THE ADMINISTRATOR NOTED THAT THEY HAVE NOT BUILT A BACKSTOP IN THE PARK AS YET, BUT IF THERE IS ANY MONEY LEFT OUT OF THE COMMUNITY DEVEL- OPMENT GRANT WHEN THE PAVING IS FINISHED, THIS WILL BE USED ON THE BALL DIAMOND. HE DOUBTED, HOWEVER, THAT THERE WOULD BE ANY MONEY LEFT AFTER THE PAVING IS DONE. COUNTY PLANNER BRENNAN APPEARED, AND THE BOARD REFERRED BACK TO HIS MEMO RE A STREET NUMBERING SYSTEM FOR THE CITY OF SEBASTIAN DISCUSSED EARLIER IN THE MEETING. MRO BRENNAN EXPLAINED THE HE JUST BROUGHT THE MATTER UP BECAUSE HE THOUGHT IT WOULD BE GOOD COORDINATION TO DO SOMETHING ABOUT IT. 70 MAY • 1977 - 9 ok 29 447 COMMISSIONER SIEBERT INFORMED HIM THAT THE BOARD DOES NOT FEEL WE SHOULD GET INVOLVED WITH THIS UNLESS THE CITY OF SEBASTIAN REQUESTS IT. PLANNING DIRECTOR BRENNAN POINTED OUT THAT SEBASTIAN IS NOT AWARE OF THE SYSTEM WE ARE SETTING UP. HE FELT THERE IS A VOID THERE AND NUMBERS MAY BE ISSUED THAT DO NOT CORRELATE WITH THE COUNTYWIDE SYSTEM. CHAIRMAN WODTKE ASKED IF THE BOARD WISHED TO HAVE THE PLANNER MAKE THE CITY OF SEBASTIAN AWARE OF WHAT WE ARE DOING AND INFORM THEM THAT WE WOULD LIKE TO HAVE THEIR PLAN COORDINATED WITH OURS, THE BOARD AGREED THIS SHOULD BE DONE. COMMISSIONER SIEBERT REPORTED ON THE PROGRESS OF THE BUILDING FEASIBILITY STUDY AND INFORMED THE BOARD THAT HE, THE ADMINISTRATOR AND THE PLANNING DIRECTOR, HAVE REVIEWED THE LACK OF COORDINATION BETWEEN ZON- ING AND PLANNING AND THE RESULTANT CONFUSION THAT THIS CAUSES THE GENERAL PUBLIC. HE STATED THEY WOULD RECOMMEND THAT THE ZONING AND PLANNING DEPARTMENTS BE PHYSICALLY LOCATED TOGETHER AND WOULD LEAVE IT TO THE DIS- CRETION OF THE BOARD AS TO WHETHER THESE DEPARTMENTS SHOULD BE CONSOLIDATED. THEY ALSO' RECOMMEND' THAT THE C019NTr HAVE" THE -m-0 "ktmw DEPAR-wtI=,IT, WHICH WOULD BE A SEPARATE DEPARTMENT IN A SEPARATE BUILDING, BUT LOCATED NEAR PLANNING AND ZONING. COMMISSIONER SIEBERT THEN DISCUSSED SITE PLAN REVIEW AND WHETHER IT PROPERLY BELONGS WITH THE PLANNING DEPARTMENT, HE NOTED THAT WE NOW HAVE A SUBDIVISION REVIEW COMMITTEE, A MINING REVIEW COMMITTEE, AND A LAND- FILL ANDFILL COMMITTEE, AND EACH OF THESE HAVE PEOPLE WITH EXPERTISE IN.CERTAIN AREAS. HE POINTED OUT THAT THE PLANNING DEPARTMENT IS NOT QUALIFIED TO RE- VIEW SOME SPECIALIZED AREAS, I.E., DRAINAGE FOR THE VERO MALL, AND RECOM- MENDED THAT THE SUBDIVISION REVIEW COMMITTEE BE REPLACED BY A TECHNICAL REVIEW COMMITTEE WHICH WOULD REVIEW MINING PERMITS, SITE PLANS, SUBDIVI- SIGNS, OR ANY OTHER AREA DEEMED NECESSARY, COMMISSIONER SIEBERT NEXT BROUGHT UP REZONING IN CONFORMANCE TO THE MASTER PLAN AND NOTED THAT ASSISTANT PLANNER BERG HAS RECEIVED AN ANSWER FROM THE.DIVISION OF STATE PLANNING, WHICH SAYS THAT IT IS NOT NECESSARY. COMMISSIONER SIEBERT CONTINUED THAT HE HAS BEEN INFORMED THAT THE LAW IS SPECIFIC THAT YOU MAY HAVE A ZONING MAP THAT CONFLICTS WITH YOUR MASTER, PLAN, BUT YOU CANNOT REZONE IN CONFLICT WITH THE MASTER PLAN. HE STATED . 71 MAY 181977 ..448 e THAT HE IS NOT SURE THIS IS ACCURATE, BUT OTHER COUNTIES ARE NOW REZONING TO CONFORM WITH THEIR MASTER PLANS AND POSSIBLY THIS IS WHY. ATTORNEY COLLINS POINTED OUT THAT IF THE STATUTE IS INTERPRETED AS COMMISSIONER SIEBERT HAS SAID, THEN THE STATUTE WILD CONTROL OVER LOCAL ORDINANCES. COMMISSIONER LOY NOTED THAT OTHER COUNTIES ARE GOING THROUGH MASSIVE REZONING, BUT HAVE RUN INTO A NUMBER OF COURT CASES BECAUSE OF IT. CONVERSATION CONTINUED ON THIS MATTER, BUT NO CONCLUSION WAS REACHED. CHAIRMAN WODTKE ASKED COMMISSIONER SIEBERT TO REPORT ON THE STAFFING NEEDS OF THE PLANNING DEPARTMENT. COMMISSIONER SIEBERT INFORMED THE BOARD THAT DUE TO HEALTH REA- SONS, MR. BRENNAN MAY NOT WANT TO CONTINUE AS PLANNING DIRECTOR, BUT AFTER A YEAR OR Soo MAY WANT TO STAY ON JUST AS A PLANNER. HE NOTED THAT THERE IS APPROXIMATELY $33,000 DUE TO COME IN FROM "7O1" GRANT FUNDS, AND THE BOARD PREVIOUSLY INDICATED THEY WOULD CONSIDER ADDfiT1'OWAt STAFF FOR THE- PLANNING DEPARTMENT WHEN- THI=S FUriD&CAME = I N. - COMMISSIONER LOY ASKED PLANNING DIRECTOR BRENNAN HOW MUCH ADDI- TIONAL HELP HE WILL NEED, AND HE STATED THAT HE WILL NEED AN ADDITIONAL PLANNER, PLUS KEEPING WES CARROLL FOR AN ADDITIONAL YEAR. MR, BRENNAN SUG- GESTED KEEPING MR. CARROLL ON CONTRACT ON AN HOURLY BASIS FOR AN ADDITIONAL YEAR AND INFORMED THE BOARD THAT MR. CARROLL WOULD PREFER TO STAY ON THE HOURLY BASIS AT AN INCREASE IN PAY AND FOREGO ALL THE BENEFITS. COMMISSIONER LOY ASKED IF.THE FUNDS COMING IN FROM THE "701" GRANT WOULD COVER RETAINING MR. CARROLL AND HIRING A PLANNER, AND MR. BRENNAN STATED THAT IT WOULD WITH MONEY LEFT OVER. DISCUSSION CONTINUED IN REGARD TO THE STAFFING NEEDS, THE CALIBRE PERSON DESIRED, AND THE MONEY INVOLVED. -AFTER CONSIDERABLE DISCUSSION, THE CHAIRMAN AUTHORIZED THE ADMINI- STRATOR TO LOOK FOR A PLANNER AT A SALARY OF $13,000 TO $15,000 PER YEAR. 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. 54985 - 55102 %NCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE 72 � MAY i 1977*, FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED.BY THE RULES f OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND*LIST SO RECORDED BEING MADE A PART OF THESE MINUTES. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 6:25 O'CLOCK P.M. ATTEST: CLERK CHAIRMAN 73 Ll MAY 181977 ,