HomeMy WebLinkAbout9/21/1977 (2)ki
WEDNESDAY, SEPTEMBER.21, 1977
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA,
ON WEDNESDAY, SEPTEMBER 21, 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, INTERGOVERN-
MENTAL 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.
ADMINISTRATOR JENNINGS LED THE PLEDGE OF ALLEGIANCE TO THE FLAG,
AND CO -PASTOR ROY CROWE OF THE PENTECOSTAL CHURCH OF GOD GAVE THE INVOCA-
TION.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO
THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 2, 1977.
COMMISSIONER LOY REQUESTED THAT ON PAGE 1, 3RD PARAGRAPH, AND
ON PAGE 7, IST PARAGRAPH, "BLAIR" BE CORRECTED TO "PLAIR."
THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER
SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED
THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 2, 1977, AS WRITTEN.
DISCUSSION ENSUED ON THE CLERK'S AGENDA.
COMMISSIONER SIEBERT ASKED WHY THE RECORDAK DUAL STRAND KIT THE
CLERK OF CIRCUIT COURT WISHES TO PURCHASE IS NOT IN THE BUDGET FOR NEXT
YEAR.
FINANCE OFFICER JACKSON STATED THAT WHEN THEY WROTE UP THE
BUDGET, THEY WERE NOT AWARE THERE WAS A DEVICE WHEREBY TWO ROLLS OF MICRO-
FILM CAN BE DEVELOPED AT THE SAME TIME.
COMMISSIONER Loy WISHED TO KNOW WHETHER IT WILL REQUIRE A LOT OF
MAINTENANCE, BUT THE FINANCE OFFICER INFORMED HER THAT IT IS JUST A VERY
SIMPLE KIND OF ADAPTOR,
THE BOARD NEXT DISCUSSED THE REQUEST OF THE SHERIFF FOR A NEW
LAWN MOWER FOR THE JAIL AND HIS REQUEST FOR A BUDGET AMENDMENT IN THE
AMOUNT OF $23,000.00.
BOOK 31 FAG 7
SEP 211977
SHERIFF .JOYCE STATED THAT THE TRANSFER OF $23,000 COVERS ABOUT
10 DIFFERENT CATEGORIES IN HIS BUDGET, AND IF THIS AMOUNT ISN`T TRANS-
FERRED INTO THE MAIN PART OF HIS BUDGET, THEY WILL BE THAT MUCH IN THE
RED AT THE END OF THIS FISCAL YEAR.
COMMISSIONER LOY ASKED IF THIS IS THE LAST BUDGET AMENDMENT
NEEDED BY THE SHERIFF TO GET HIM SQUARE BY THE END OF THE YEAR, AND HE
STATED THAT IT IS AND THAT THEY ALWAYS HAVE TO REALIGN THE BUDGET AT THE
END OF THE YEAR.
FINANCE OFFICER JACKSON NOTED THAT WE WILL GET ABOUT $1.5,000 IN
EXCESS FEES BACK FROM THE SHERIFF`S DEPARTMENT, AND THIS IS APART FROM
THE CIVIL FEES WE GET AS AN ON-GOING THING.
SHERIFF .JOYCE INFORMED THE BOARD THAT IT IS NECESSARY TO MOW
ABOUT THREE ACRES OF LAWN AT THE JAIL, AND THE LAWN MOWER IS SIMPLY WORN
OUT AND WOULD COST MORE TO REPAIR THAN IT IS WORTH.
COMMISSIONER DEESON INFORMED THE SHERIFF THAT THERE HAVE BEEN
COMPLAINTS FROM THE FELLSMERE AREA ABOUT YOUNG PEOPLE CONGREGATING ON
THE BRIDGE OFF OF PARK LATERAL AND BLOCKING THE ROAD.
THE SHERIFF STATED THAT HE HAS RECEIVED ABOUT A DOZEN COMPLAINTS
I'N REGARD TO THIS SITUATION, BUT THAT BY THE TIME A DEPUTY GETS THERE,
EVERYONE HAS LEFT.
COMMISSIONER DEESON CONTINUED THAT HE HAS BEEN INFORMED THAT
THE DEPUTY JUST ASKED THOSE GATHERED THERE IF THEY WERE 18 YEARS OF AGE BUT
DIDNIT CHECK I.D,S.
SHERIFF .JOYCE STATED THAT HE HAS NOT BEEN INFORMED THAT HIS
DEPUTIES EVER FOUND ANYONE THERE, AND IF HE COULD BE GIVEN THE DATE THIS
HAPPENED, HE WILL CHECK IT OUT.
IN FURTHER DISCUSSION, THE BOARD SUGGESTED IT MIGHT HELP IF THE
DEPUTY MADE HIMSELF A LITTLE MORE CONSPICUOUS IN THIS GENERAL AREA.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR PERMIT TO CARRY
A CONCEALED FIREARM OF STEPHEN T. MYERS.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY APPROVED APPLICATIONS -FOR RENEWAL PERMIT TO CARRY A
CONCEALED FIREARM OF THE FOLLOWING: LOTHAR K. ZERAN
ERRY L, KEEN
AR�SXLVESTER
IPPIN
K
�,Fp 21197
EDGK 31 'rut 0 8
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
THE.BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT TO ENABLE
THE CLERK OF CIRCUIT COURT TO PURCHASE A RECORDAK DUAL STRAND KIT:
ACCOUNT TITLE ACCOUNT No. INCREASE DECREASE
CLERK CIRCUIT COURT- 03-2320-402 $350.
EQUIPMENT
CLRK CIRCUIT COURT =
PRINTING 03-232-205.02 $350.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT IN ORDER
FOR THE SHERIFF TO PURCHASE A NEW LAWN MOWER FOR THE JAIL:
ACCOUNT TITLE ACCOUNT NO. INCREASE aIECREASE
.JAIL - EQUIPMENT 03-3322-402.00 $460.
JAIL - SERVICE CONTRACT 03-3322-338.02 $460.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT FOR THE
OPERATION OF THE SHERIFFS OFFICE FOR THE FISCAL YEAR OCT. 1, 1976, TO
SEPT. 30, 1977.
A,(:000NT TITLE ACCOUNT N0. INCREASE DECREASE
SHERIFF - EXPENSES
OTHER THAN SALARIES 03-3101-301 $23,000
S ERIFF - SALARIES FOR
llEPUTIES & OTHERS 03-3101-102 $23,000
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SC+iMUCKER,
THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT TO ALLOW FOR
THE PURCHASE OF AIR CONDITIONERS FOR RECORDING AND .JUDGE STIKELETHER'S
OFFICE.
ACCOUNT TITLE ACCOUNT No. INCREASE DECREASE
EQUIPMENT 01-2670-402 $772.00
RESERVE FOR CONTINGENCY 01-9990.701 $772.00
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SCHMUCKER THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT FOR
UTILITIES FOR THE COURTHOUSE AND ANNEX:
ACCOUNT TITLE ACCOUNT NO. INCREASE DECREASE
UTILITIES 01-2670-340 $3,000
RESERVE FOR CONTINGENCY 01-9990.701 +$3,000.
3
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR ROSEMARY RICHEY,
SUPERVISOR OF ELECTIONS, AND TWO MEMBERS OF HER STAFF TO ATTEND WORKSHOPS
AT RIVIERA BEACH OCTOBER 5TH AND 6TH, 1977. (MILEAGE AND LUNCH ONLY, AS
THEY WILL NOT STAY OVERNIGHT, BUT DRIVE BACK AND FORTH.)
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR FETE SPYKE, AGRI-
CULTURAL SPECIALIST,_ TO ATTEND AGRICULTURAL MARKETING ALTERNATIVE IN-
SERVICE TRAINING AT KISSIMMEE, SEPTEMBER 22-23, 1977, ON STATE TRAVEL FUNDS.
THE FOLLOWING REPORTS WERE RECEIVED AND FILED IN THE OFFICE
OF THE CLERK:
OUNTY COURT - TRAFFIC VIOLATION BUREAU, AUGUST FIVANCIAL RE QRT
ECEIPT FOR DEPOSIT IN COUNTY COURT SPEC AL TRUST UND - $2,'f0.75
RAFFIC FINE RECEIPTS BY MUNICIPALITY - AUGUST
SHERIFF .JOYCE INFORMED THE BOARD THAT HE HAS PURCHASED A STAND-
BY EMERGENCY GENERATOR WITH AN AUTOMATIC ELECTRIC SWITCH FOR THE JAIL. HE
NOTED THAT THIS UNIT SERVES CIVIL DEFENSE AND THE AMBULANCE SQUAD AS WELL
AS THE SHERIFFS DEPARTMENT. THE SHERIFF STATED THAT THE GENERATOR AND
THE SWITCH COST $11,600 AND NOTED THAT THEY HAD BEEN UNABLE TO FIND PARTS
TO FIX THEIR OLD GENERATOR WHICH THEY GOT THROUGH CIVIL DEFENSE YEARS AGO
AND HAD BEEN UNABLE TO LOCATE A NEW ONE IN CIVIL DEFENSE SURPLUS ITEMS.
HE CONTINUED THAT HE ADVERTISED, RECEIVED THREE BIDS AND PURCHASED THE LOW
BID,p WHICH IS AN ONAN GAS -OPERATED ENGINE. THE SHERIFF THEN PRESENTED TWO
BIDS FOR THE BOARD TO REVIEW IN REGARD TO THE COST OF INSTALLING THE AUTO-
MATIC SWITCH AND EXPLAINED THAT THE COST IS SO HIGH BECAUSE IT TAKES A
VERY INVOLVED HOOK-UP TO HOOK THE SWITCH INTO THE JAIL SYSTEM, WHICH IS
OLD AND COMPLEX. THE BIDS RECEIVED ARE:
INDIAN RIVER ELECTRIC, INC. $2,800.00
PAUL C. WHITE, WHITE ELECTRIC $3,332.00
COMMISSIONER SIEBERT ASKED IF IT IS POSSIBLE TO BY-PASS THE AUTO-
MATIC SWITCH AND START THE GENERATOR MANUALLY.
SHERIFF .JOYCE SAID THAT IT IS POSSIBLE, BUT POINTED OUT THAT
THEY HAVE ALREADY PURCHASED THE SWITCH AND WOULD BE CHARGED A CERTAIN AMOUNT
TO RETURN IT.
IN FURTHER DISCUSSION, THE BOARD NOTED THAT IN ADDITION TO THIS
UNIT SERVING THREE DEPARTMENTS, THE INSTALLATION WILL ALSO SERVE TO
STRAIGHTEN OUT SOME OF THE OLD WIRING AT THE JAIL.
4
.SEP 9w11977
Roca 31 FAG; gQ
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT,
THE BOARD UNANIMOUSLY ACCEPTED THE BID OF.INDIAN RIVER ELECTRIC, INC., IN
THE AMOUNT OF $2,800 FOR INSTALLATION OF THE EMERGENCY GENERATOR AND AUTO-
MATIC SWITCH AT THE COUNTY JAIL; THE FUNDS TO COME FROM THE CONTINGENCY
ACCOUNT OF THE FINE AND FORFEITURE FUND; AND APPROVED THE FOLLOWING BUDGET
AMENDMENT:
ACCOUNT TITLE ACCOUNT No, INCREASE DECREASE
JAIL - EQUIPMENT 03-3322-402 $2,800
RES. FOR CONTINGENCIES 03-9990-701 $2,800
SHERIFF JOYCE NEXT INFORMED THE BOARD THAT HE HAS HAD A BREAK-
DOWN MADE IN REGARD TO THE COST OF OPERATING THE CIVIL PROCESS DEPARTMENT,
AND IT IS COSTING THE TAXPAYERS OF THIS COUNTY $16,682.09 MORE THAN IS
OBTAINED FROM THE SURFEES CHARGED FOR SERVING CIVIL PAPERS. HE STATED
THAT THE LEGISLATURE HAS NOW CREATED A NEW SECTION IN THE STATUTES WHICH
ALLOWS COUNTY COMMISSIONS, AFTER PASSAGE OF THE PROPER ORDINANCE, TO
LEVY A DISCRETIONARY SURFEE IN ADDITION.TO THE AMOUNTS PREVIOUSLY PERMITTED.
HE NOTED HE DID NOT FEEL THIS SHOULD BE A COST ITEM TO THE COUNTY.
THE BOARD AGREED THIS SHOULD NOT BE A BURDEN ON THE TAXPAYER;
DISCUSSED THE SUGGESTED INCREASE IN SURFEES AS SET OUT IN FORM SUPPLIED
BY THE FLORIDA SHERIFFS ASSOCIATION; AND ASKED SHERIFF JOYCE IF HE WISHED
TO COMPLY WITH THE SUGGESTED INCREASES. THE SHERIFF STATED THAT HE DID.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO DRAW UP AN IMPLE-
MENTING ORDINANCE SETTING UP NEW FEES FOR CIVIL PROCESSES.
JAMES BEINDORF, OF BEINDORF AND ASSOCIATES, INC., APPEARED
REPRESENTING JOE EARMAN, SR., IN REGARD TO TENTATIVE APPROVAL OF'GLENDALE
LAKES SUBDIVISION, UNIT 2. HE STATED THAT THE CHANGES SUGGESTED BY THE
SUBDIVISION REVIEW COMMITTEE HAVE BEEN MADE AND NOTED THAT 44TH COURT WILL
BE A CUL DE SAC AND NOT GO THROUGH TO CONNECT TO 45TH AVENUE. THE SQUARE
OF LAND ON THE OTHER SIDE OF 44TH COURT IS ALSO OWNED BY JOE EARMAN, SR,
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THIS SUBDIVISION
HAS BEEN REVIEWED BY THE SUBDIVISION REVIEW COMMITTEE, AND THEY RECOMMEND
IT BE APPROVED.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO GLENDALE LAKES
SUBDIVISION, UNIT 2,
C
SEP 2 11977
BOOK
31 FK,r 8
ADMINISTRATOR JENNINGS DISCUSSED A RELEASE OF FOUR EASEMENTS
REQUESTED BY ROBERT FRYER ON LOTS 3, 4 AND 5, UNIT I, BLOCK A, GRANADA
GARDENS. MR. FRYER WISHES TO FENCE I.N HIS PROPERTY FOR SECURITY REASONS.
THE ADMINISTRATOR NOTED THAT THE EASEMENTS ARE NOT NEEDED FOR DRAINAGE
PURPOSES.
COMMISSIONER SIEBERT STATED THAT HE HAD NO OBJECTION TO RELEAS-
ING THE EASEMENTS IN BETWEEN THE LOTS BUT DID NOT FEEL THE FENCE SHOULD
BE PLACED ON THE OUTSIDE EASEMENTS.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY AGREED TO RELEASE THE 5' EASEMENTS BETWEEN
LOTS 3 AND 4 AND BETWEEN LOTS 4 AND 5, BLOCK A, GRANADA GARDENS, UNIT I.;
THE RELEASE TO BE PREPARED AT THE EXPENSE OF THE OWNER.
CHAIRMAN WODTKE INSTRUCTED THE ADMINISTRATOR TO INFORM MR. FRYER
THAT THE FENCE CANNOT BE PLACED ON THE OUTSIDE EASEMENTS.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT,
THE BOARD UNANIMOUSLY AGREED TO PLACE ON TODAY'S AGENDA AN EMERGENCY ITEM
.IN REGARD TO HONORING ONE OF OUR PUBLIC OFFICIALS.
.JUDGE D. C. SMITH CAME BEFORE THE BOARD AND CALLED SHERIFF SAM
JOYCE FORWARD. HE THEN UNVEILED A PICTURE OF SHERIFF JOYCE, WHICH HE
PRESENTED TO THE SHERIFF IN HONOR OF HIS 33 YEARS IN THE LAW ENFORCEMENT
FIELD. JUDGE SMITH SPOKE OF THE SHERIFF'S ACHIEVEMENTS IN LAW ENFORCEMENT
AND PUBLIC SERVICE IN GENERAL, NOTING THAT HE HAS BEEN RE-ELECTED TO HIS
6TH TERM AS SHERIFF OF THIS COUNTY.
SHERIFF .JOYCE EXPRESSED HIS APPRECIATION OF THIS HONOR.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAS TWO RE-
QUESTS FOR RELEASE OF EASEMENTS IN ROSELAND GARDENS, ONE FROM CLAY ARMSTRONG
AND ONE FROM :PHILIP SKUZA, BOTH REPRESENTED BY GILBERT SWIGER OF ATHA &
SWIGER REAL ESTATE. THE ADMINISTRATOR NOTED THAT THESE PROPERTY OWNERS
BOTH WANT TO ELIMINATE THE EASEMENT IN BETWEEN THEIR LOTS IN ORDER TO
BUILD A HOME ON THE LOTS, WHICH IS A ROUTINE REQUEST.
MR. SWIGER INFORMED THE BOARD THAT THESE GENTLEMEN BOTH WISH i
6
TO BUILD*LARGE HOMES ON THESE PROPERTIES — ONE TO BE 2,900 SQ. FT. AND
THE OTHER 4,500 SQ, FT.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO RELEASE -THE EASEMENT BETWEEN
LOTS 5 AND 7, BLOCK 7, ROSELAND GARDENS, AS REQUESTED BY CLAY ARMSTRONG,
AND BETWEEN LOTS 5 AND 6, BLOCK S, ROSELAND GARDENS, AS REQUESTED BY
PHILIP SKUZA; THE RELEASE DOCUMENTS TO BE PREPARED BY THE PETITIONERS.
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:
VERO BEACH PRESS -JOURNAL
Published Weekly
NOTICE OF SALE
Vero Beach, Indian River County, Florida
OF REAL ESTATE
Pursuant to Florida Statute 125.35, the Board
of County Commissioners of Indian River
County, Florida, will accept written bids to the
COUNTY OF INDIAN RIVER:
hour of 9:30 A.M. Wednesday, September 21,
STATE OF FLORIDA
1977, for the cash purchase of the following
described County Property.
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
A tract 190' E. & W. by 130' N. & S. beginning
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
In S.W. Corner of following: Beginning 25' N.
and 687' W. of S.E. Corner of N.W. 1/4 of S.E. 1/4
for Point of Beginning, running W. 340' to E.
n as Deedl
oCount
a �v �� `--
1,Page 440SIndian�River Florida,
,
running N. along Sims E. Line to N. line of S. 1r2
of N.W. 1/4 of S.E. 1/4, running E. along line of S.
In the matter of / ti h–��
12 of N.W. 1/4 of S. E. 1/4 340' thence S. to Point of
Beginning.
190
Described on the tax roll as 26-32.39-00-7000•
011.0
The Board of County Commissioners
in the Court, was pub-
reserves the right to reject any or all of the
bids. and make awards in any manner which
the Board considers to be in the best Interest of
Indian River County, Florida.
11shed in said newspaper in the Issues of
All bids shall be for a cash purchase, in
writing by legal description as listed above and
shall include a check payable to Indian River
County for ten percent (lo percent) of the bid
price — with the balance due five (5) days
after acceptance, submitted in an envelope
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
securely sealed and marked on the outside
Vero Beach, In said Indian River County, and that the said newspaper has heretofore
"SEALED BID FOR COUNTY LAND -
been continuously published in said Indian River County, Florida, weekly and has been entered
SEPTEMBER 21,1977, AT 9:30 A.M." The bids
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
may be mailed or delivered to the office of the
for a period of one year next preceeding the first publication of the attached copy of adver-
County Administrator, Room 115, County
tiserrent; and affiant further says that he has neither paid nor promised any person, firm or
Courthouse, Vero Beach, Florida 32960.
Proposals received after 9:30 A.M. September
corporation any discount, rebate, commission or refund for the purpose of securing this ad ver-
21,1977,will returned unopened.
tisement for publication in the said newspaper.
P
of
Board of County Commissioners
Indian River County, Florida
Sworn to and subscribed before me this /13� AM �
Wioiam C. WodtkeJr., Chairman
Sept. 4,11,1977.
(B in ss Manager)
(Clerk of the Circuit Court, Indian Ver County, Florida)
(SEAU
7
NOOK 31 Pr.yC 83
SEP 2 11977
A
THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH
THE NOTICE AND THE FOLLOWING SEALED BID WAS RECEIVED, OPENED AND READ:
ARTHUR EEE HENDERSON $1,000.00
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON
THE BOARD UNANIMOUSLY APPROVED THE ABOVE BID BEING REFERRED TO THE
INTERGOVERNMENTAL COORDINATOR FOR EVALUATION.
COMMISSIONER SIEBERT INFORMED THE BOARD THAT IT WAS DETERMINED
AT THE LAST MEETING OF THE TREASURE COAST REGIONAL PLANNING COUNCIL THAT
THEY WOULD BE THE RECIPIENT OF THE LAW ENFORCEMENT ASSISTANCE ADMINISTRA-
TION.GRANT OF $25,000. HE NOTED THAT OUR CURRENT LEAA PLANNING IS DONE
THROUGH EAST CENTRAL FLORIDA REGIONAL PLANNING COUNCIL, AND INTRODUCED
CLIFF GUILLET, EXECUTIVE DIRECTOR OF EAST CENTRAL FLORIDA REGIONAL PLANNING
COUNCIL; KATHLEEN RUSSELL, DIRECTOR OF CRIMINAL .JUSTICE PLANNING FOR
ECFRPC; SAM SHANNON, EXECUTIVE DIRECTOR OF TREASURE COAST REGIONAL PLANNING
COUNCIL; AND JOHN DUVALL, DIRECTOR OF THE PALM BEACH COUNTY METROPOLITAN
CRIMINAL .JUSTICE PLANNING UNIT. COMMISSIONER SIEBERT STATED THAT THESE
PEOPLE WISH TO KNOW IF WE WANT TO NEGOTIATE A CONTRACT WITH EAST CENTRAL
FLORIDA RPC TO CONTINUE TO DO OUR LEAA PLANNING OR WHETHER WE WANT TO JOIN
WITH PALM BEACH, MARTIN AND ST. LUCIE COUNTIES, AND HAVE THE PLANNING DONE
BY THE MUNICIPAL UNIT FROM PALM BEACH COUNTY.
SAM SHANNON THANKED COMMISSIONER SIEBERT FOR SUMMING UP THEIR
POSITION. HE CONFIRMED THAT THE TCRPC COUNCIL DID AGREE TO RECEIVE THE
FUNDS AND NOW MUST DETERMINE IF THE BOARD WISHES TO GO WITH THE METROPOLITAN
PLANNING UNIT OR STAY WITH EAST CENTRAL FLORIDA RPC.
COMMISSIONER SCHMUCKER ASKED TO HEAR FROM THE PALM BEACH COUNTY
CRIMINAL JUSTICE UNIT AS HE DID NOT KNOW THEY WERE HANDLING MARTIN AND
ST. EUCIE CCUNTIES.
JOHN DUVALL STATED THAT THEY HAVE BEEN DOING THIS SINCE JANUARY
OF 1976 ON AN INTERLOCAL AGREEMENT BETWEEN THEIR OFFICE AND TALLAHASSEE,
AND THEY DID IT MAINLY BECAUSE NO ONE ELSE WAS AVAILABLE AT THAT TIME
TO PROVIDE THE SERVICES.
COMMISSIONER SIEBERT FELT THAT ONE OF THE MOST IMPORTANT THINGS
IS THAT THE PLANNING FUNDS ARE NOT INTERMINGLED. PALM BEACH GETS THEIR
OWN DIRECTLY, AND THEN MARTIN AND ST. EUCIE MEET SEPARATELY AND DETERMINE
WHAT PROGRAMS ARE ESTABLISHED ` FOR THEM. HE CONTINUED THAT INDIAN RIVER
1.1
SEP 211977
31 8
COUNTY WOULD BE LUMPED WITH MARTIN AND ST. LUCIE, AND HE HAS BEEN ASSURED
THAT THEY HAVE HAD NO PROBLEMS WITH THE DISTRIBUTION OF FUNDS,
MR. SHANNON NOTED THAT IT IS IMPORTANT TO KNOW THAT THESE ARE
PLANNING FUNDS AND NOT PROGRAM FUNDS AND ARE INTENDED TO HELP GET THE PRO-
GRAMS GOING AND TO BEGIN PREPARING THE PLAN FOR THE ALLOCATION NEXT YEAR.
COMMISSIONER SCHMUCKER NOTED THAT THE $25,000 WILL BE DIVIDED
BETWEEN THE1'Ffal COUNTIES - MARTIN,.ST. LUCIE AND INDIAN RIVER.
MR. SHANNON STATED THAT IT WOULD EITHER GO ALL TO PALM BEACH, OR
A PORTION TO THEM TO PREPARE THE PLAN FOR MARTIN AND ST. LUCIE AND A
.PORTION TO EAST CENTRAL TO PREPARE THE PLAN FOR INDIAN RIVER COUNTY.
DISCUSSION FOLLOWED ON REPRESENTATION, AND MR, SHANNON STATED
THAT THIS IS DETERMINED BY THE BOARD OF DIRECTORS. HE BELIEVED THERE ARE
THREE REPRESENTATIVES FROM MARTIN COUNTY, FOUR FROM ST, LUCIE, AND THREE
APPOINTMENTS AWAITING GOVERNATORIAL ACTION. MR, SHANNON FELT THERE
SHOULD BE A 1/3 - 1/3 - 1/3 REPRESENTATION. IT WAS NOTED THAT THIS IS A
SUBCOMMITTEE SPLIT OFF FROM THE MAIN BOARD.
COMMISSIONER SIEBERT POINTED OUT THAT SHERIFF .JOYCE WISHED TO BE
SURE THAT IF WE MAKE A MOVE WE WILL NOT LOSE ANY OF THE GRANT MONEY.
KATHLEEN RUSSELL, DIRECTOR OF CRIMINAL .JUSTICE PLANNING FOR
EAST CENTRAL FLORIDA RPC, INFORMED THE BOARD THAT THEY HAVE ALREADY COM-
PLETED THE PLANNING FOR 1978-79, AND IN TALKING ABOUT THESE FUNDS, ARE
ACTUALLY TALKING ABOUT 1979-80. SHE POINTED OUT THAT LAST YEAR INDIAN
RIVER COUNTY WAS BASICALLY itUPFOR GRABSIt AND WAS NOT IN THEIR PLANNING
GRANT, BUT THEY WERE ASKED IF THEY WOULD SERVE INDIAN RIVER COUNTY AND HAVE
BEEN DOING SO FOR THE LAST YEAR,
COMMISSIONER SCHMUCKER FELT THAT WE NEED ANOTHER YEAR FOR THIS
SWING -OVER TO BE SURE THAT THE SHERIFFS BUDGET IS NOT HURT AND ALSO
FELT WE SHOULD FOLLOW THROUGH WITH THE PRELIMINARY PLANNING ALREADY DONE
FOR THE NEXT YEAR,
MS. RUSSELL NOTED THAT THE LEAH BUDGET IS ON SHAKY GROUNDS, AND
SHE FELT IT WOULD BE BETTER TO LEAVE IT THE WAY IT IS PRESENTLY AND SEE
HOW THE PROGRAM IS GOING.
CLIFF GUILLET, EXECUTIVE DIRECTOR OF EAST CENTRAL FLORIDA RPC,
STATED THAT HIS CONCERN IS THAT INDIAN RIVER COUNTY CONTINUES TO GET THE
LEVEL OF SERVICE THAT IT HAS IN THE PAST. HE NOTED THAT WE HAVE ALWAYS
9
!4
HAD A GOOD RELATIONSHIP AND HE FEELS THE PLANNING COUNCIL BOARD WOULD LIKE
TO CONTINUE IT, BUT POINTED OUT THAT THEY ARE IN THE POSITION OF NEEDING TO
KNOW NOW BECAUSE THEY WILL BE GOING INTO THE NEW FISCAL YEAR ON OCTOBER 1ST.
SHERIFF .JOYCE STATED THAT HE HAS BEEN SERVED PROPERLY WHERE HE
IS NOW. HE NOTED THAT INDIAN RIVER COUNTY HAS MORE MUNICIPALITIES TO
CONSIDER THAN MARTIN AND ST. LUCIE, AND IT IS IMPORTANT THAT WE GET THE
SAME FUNDS.
COMMISSIONER SIEBERT SAID HE FELT WE WILL RECEIVE EQUAL FUNDING
AND TREATMENT EITHER WAY, AND IF THE SHERIFF WANTS TO STAY WITH FAST
CENTRAL FLORIDA RPC, HE WOULD GO ALONG WITH THAT SUGGESTION.
COMMISSIONER LOY AGREED THAT LEAA IS ON SHAKY GROUND, AND IF
THE SHERIFF AND OTHER REPRESENTATIVES DONT MIND TRAVELING THE EXTRA
DISTANCE FOR ONE MORE YEAR, SHE WOULD ALSO LIKE TO STAY WITH EAST CENTRAL
FOR ONE MORE YEAR;
COMMISSIONER SIEBERT ASKED MR. SHANNON IF HE ANTICIPATED ANY
PROBLEM GETTING AN APPROVAL OF A CONTRACT WITH EAST CENTRAL FLORIDA RPC IN
THIS REGARD.
MR. SHANNON STATED THAT THE STATE HAS INDIRECTLY SAID THAT THERE
IS A PROVISION IN THE BY-LAWS WHICH DOES NOT ALLOW THEM TO LET THE MONIES
BY CONTRACT; BUT THEY MAY CONSIDER A WAIVER OF THE BY-LAWS IN THIS INSTANCE.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY REQUESTED TREASURE COAST REGIONAL
PLANNING COUNCIL TO MAKE ARRANGEMENTS WITH EAST CENTRAL REGIONAL PLANNING
COUNCIL FOR EAST CENTRAL TO CONTINUE HANDLING THE LEAH PLANNING FOR
INDIAN RIVER COUNTY.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HIS STAFF HAS
REVIEWED THE BIDS ON THE TRACK -TYPE FRONT END LOADER AND RECOMMENDS THAT
THE LOW BID OF DEWIND MACHINERY, FT. LAUDERDALE, IN THE AMOUNT OF $46,707.
BE ACCEPTED. HE NOTED THAT THEY ARE RECOMMENDING OUTRIGHT PURCHASE
RATHER THAN THE TOTAL COST BID AS THEY DO NOT HAVE A TRACK RECORD ON THIS
AND WOULD LIKE TO HAVE ANOTHER YEAR OR SO TO BUILD A RECORD ON IT.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF DEWIND MACHINERY CO.,
FT. LAUDERDALE, FOR A TRACK -TYPE FRONT END LOADER, FIAT-ALLIS FL14 B,
AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF
$46,707.00.
10 - �y
WA
SEP 2 11977
!J
ADMINISTRATOR JENNINGS NEXT RECOMMENDED ACCEPTING THE BID OF
DEWIND MACHINERY CO. FOR A FIAT-ALLIS DIESEL POWERED TRACTOR WITH BLADE
AT THE STANDARD BID PRICE OF $65,115. HE INFORMED THE BOARD THAT THERE
ARE TWO BIDS THAT ARE LOWER, BUT THE BID OF CASE POWER & EQUIPMENT CO. DOES.
NOT MEET SPECIFICATIONS, AND LINDER INDUSTRIAL EQUIPMENT CO. BID ON A
JAPANESE -MADE KOMATSU TRACTOR, ON WHICH HE HAS NO TRACK RECORD AS THERE ARE
NONE IN USE IN THE STATE OF FLORIDA. THE ADMINISTRATOR STATED THAT ANY
EQUIPMENT WE HAVE IS NO BETTER THAN THE SERVICE WE CAN GET ON IT OR THE
AVAILABILITY OF PARTS AS WE HAVE VERY LITTLE STANDBY EQUIPMENT, AND WHEN
WE HAVE A BREAKDOWN, IT IS AN EMERGENCY. ADMINISTRATOR .JENNINGS NOTED THAT
THE KOMATSU MAY BE A FINE MACHINE, BUT HE FEELS IT WOULD BE AN EXPERIMENT
OR PILOT PROGRAM.
COMMISSIONER SCHMUCKER AGREED THAT MAINTENANCE IS CRITICAL.
COMMISSIONER SIEBERT EXPRESSED,CONCERN ABOUT THE $7,000 DIFFER-
ENCE IN PRICE AND ASKED IF WE ARE SURE THERE IS A PROBLEM WITH THE
AVAILABILITY OF PARTS.
THE ADMINISTRATOR NOTED THAT WITH ONLY ONE OF THESE MACHINES
IN THE STATE OF FLORIDA, HE FEELS THE AVAILABILITY_ OF PARTS IS QUESTIONABLE.
COMMISSIONER LOY POINTED OUT THAT OUR EXPERIENCE IN THE PAST
WITH BEING "FIRST` HAS NOT BEEN TOO GOOD AND ALSO DOWN TIME IS VERY COSTLY.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER,
THE BOARD UNANIMOUSLY ACCEPTED THE BID OFDhWIND MACHINERY CO., FORT
LAUDERDALE, FOR A DIESEL POWERED TRACTOR WITH BLADE, FIAT-ALLIS 14C,
AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT
OF $65,115.00, FOR THE REASONS AS SET OUT ABOVE.
FREDA WRIGHT, CLERK OF CIRCUIT COURT, INTRODUCED TWO NEW
EMPLOYEES OF THE DATA PROCESSING DEPARTMENT - .JOE MATTHEWS, HEAD PROGRAMMER,
AND RALPH ANTHONY, HIS ASSISTANT.
COMMISSIONER DEESON INFORMED THE BOARD THAT A VACANCY HAS
OCCURRED ON THE BOARD OF DIRECTORS OF THE ECONOMIC OPPORTUNITY COUNCIL
DUE THE ABSENCES OF ONE OF THE BOARD MEMBERS FOR MORE THAN THE ALLOWED
NUMBER OF MEETINGS.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0, 77-93 APPOINTING TERRENCE D.
MARR TO SERVE ON THE BOARD OF DIRECTORS OF THE ECONOMIC OPPORTUNITIES
COUNCIL.
11
RESOLUTION NO. 77- 93
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, That TERRENCE D. MARR
is hereby appointed to serve on the Board of Directors
of the ECONOMIC OPPORTUNITES COUNCIL OF INDIAN RIVER
COUNTY, INC.
Said Resolution to become effective as of the 21st
day of September , 1977.
ATTEST:
Freda Wright, C1 k
SEP 2.1977
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By 26-t"
William C. Wodtke, Jr., Cl"airman
IONE HENRY DISCUSSED WITH THE BOARD APPLYING FOR A WAIVER OF THE
NON-FEDERAL SHARE OF THEIR FUNDING FOR 1977 FROM 30% MATCHING FUNDS TO
THE 80-20% LEVEL, AS EXPLAINED IN HER LETTER OF SEPTEMBER 14TH, AS FOLLOWS:
Economic Opportunities Council
-_-
Of Inds im River C®a>mty, Inc.
P. O. BOX 2766
VERO BEACH. FLORIDA 32960
EXECUTIVE DIRECTOR TELEPHONE 562-4177
tONE P. HENRY 562-4178
September 14, 1977
William Wodtke, Chairman
County Commission
Indian River County Courthouse
Vero Beach, Florida 32960
Dear Mr. Wodtke:
The Economic Opportunities Council of Indian River County,
Inc. is applying for a waiver of the non-federal share of
our funding for 1977 from the current level of 30% matching
funds. We are asking our regional office to allow us to be
at the 80-20% level.
We feel we have an excellent chance of reaching the goal of
20% of our budget in contributions of money, goods and
services. This would amount to $49,681. This year and at
.the end of July we have $34,464 contributed.
We can apply for the waiver on the basis of high unemplo ent
in the county (currently 10% here in Indian River County,
and on the basis that a major emphasis for county expendi-
tures has been to resolve the Gifford utility problems
which have received national attention.
Please sign the -following statement so that we may submit
it to our regional office.
Sincerely yours,
4—
Ibne P. Henry
Executive Director
13
SEP 21
017 800K 3 . PACE 89
r
MRS. HENRY NOTED THAT MATCHING FUNDS ARE HARD TO COME BY IN
THIS COUNTY. THEY ARE ATTEMPTING TO RUN MORE PROGRAMS, AND IT
WOULD HELP IF THEY COULD OBTAIN THIS WAIVER. SHE EXPLAINED THAT THEY
HAVE TO APPLY FOR THIS EACH YEAR, AND THE RATIO VARIES WITH DIFFERENT
PROGRAMS. HEAD START IS ALREADY AT AN 80/20 LEVEL,
COMMISSIONER SIEBERT ASKED IF WE DO GO TO THE 80/20 LEVEL AND
ARE ABLE TO ALLEVIATE THE GIFFORD PROBLEM, THEN WHERE DOES THE OTHER 10% '
COME FROM?
MRS. HENRY STATED THAT THEY WILL DO THE BEST THEY CAN. SHE
NOTED THAT THIS IS AN IMPORTANT PROGRAM WHICH BRINGS $500,000 INTO THE
COUNTY PER YEAR AND THEREFORE, HAS A GREAT AFFECT ON SPENDING IN THE COUNTY.
SHE CONTINUED THAT ALL THEY ARE -ASKING IS THAT THE CHAIRMAN SIGN A STATE-
MENT STATING WHAT THE COUNTY HAS GIVEN EOC THIS YEAR.
COMMISSIONER SIEBERT SAID HE HAD NO PROBLEM WITH THIS AS LONG
AS THE MINUTES REFLECT THAT THIS IS IN NO WAY A COMMITMENT ON THE PART OF
THE COUNTY TO MAKE UP THE DIFFERENCE, IF THE FUNDING SHOULD DROP BACK TO
THE 70/30 LEVEL.
MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCHMUCKER, TO AUTHORIZE THE CHAIRMAN TO SIGN THE STATEMENT ON NON-FEDERAL
SHARE FOR THE ECONOMIC OPPORTUNITIES COUNCIL ON THE BASIS STATED ABOVE,
COMMISSIONER LOY NOTED THAT PARAGRAPH 3 STATES THAT THE COUNTY
COMMISSION, DUE TO SEVERE ECONOMIC PROBLEMS, IS UNABLE TO MAKE A CONTRI-
BUTION AT THE LEVEL REQUESTED. SHE POINTED OUT THAT THE BOARD WAS
REQUESTED TO CONTRIBUTE $2,856, AND THAT IS EXACTLY WHAT THEY GAVE.
MRS. HENRY INFORMED THE BOARD THAT THIS IS A STANDARD FORM, AND
SHE WILL SEE THAT IT IS REWORDED.
COMMISSIONER SIEBERT WITHDREW HIS MOTION, AND COMMISSIONER
SCHMUCKER WITHDREW HIS SECOND.
• ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN THE
i
STATEMENT ON NON-FEDERAL SHARE FOR THE ECONOMIC OPPORTUNITIES COUNCIL, I
I
WITH PARAGRAPH 3 BEING REWORDED, AND WITH THE UNDERSTANDING THAT IF THE
FUNDING SHOULD DROP BACK TO THE 70/30 LEVEL, THE BOARD IS NOT COMMITTED
TO MAKE UP THE DIFFERENCE.
14
POOK 31 PAGE 90�
SEP 2 11-977
N
r
L REWORDED FORM WILL BE MADE A PART OF THE
MINUTES WHEN RECEIVED/
Statements on Non -Federal Share for the Economic Opportunities
Council.
a.
1. That the grantee's statement in this letter to CSA
regarding those circumstances in the community which
created severe economic problems is an accurate re-
flection of the economic conditions in the community.
E
2. That the County Commission was requested by the grantee
a
to provide the following as a non-federal share con-
j
tribution:
j
a. $ 2 856 _
Fr
:1
an or
b. In -Kind valued at valued at $ 0 �QQ�
3. That due to severe economic problems in the community
the County Commission is -unable to make a contribution
at the level requested but that their contribution for
this grant period has been or will be in the form of
one or more of the following with value indicated:
a. $ 2,856
and/or
b. In -Kind valued at $ 0
Space valued at 0
2 Volunteer Services valued at $ 0
�jj
I 3 Other valued at $ 0
4. Specific reasons why the contribution will not be at the
level requested.
5. (GRANTEE WHO DID NOT REQUEST WAIVEROF FY 76 NFS UNDER
THE PROVISIONS OF INSTRUCTION 6802- 5, SHOULD ALSO
REQUEST THAT OFFICIALS PROVIDE THE FOLLOWING CERTIFI-
CATION)
That the County Commission has provided the following
resources toward the CSA grantee's NFS requirement in
the previous grant Period:
a. $ 0
and/or
!
b. In -Kind valued at $ 0
!
1 Space valued atm$ fir
2 Volunteer Services valued at $ 0 i
3 Other valued at $ 0
I approve the above statements:
-- County Commission Chairman
v r
°
i[
SEP 2 1977
L�
MRS. HENRY THEN DISCUSSED WITH THE BOARD THE HEAD START AND
EOC BASIC GRANTS, NOTING THAT THEIR HEAD START PROGRAM AND BASIC OPERA—
TIONS ARE ESSENTIALLY THE SAME. THEY SERVE 240 CHILDREN IN SIX CENTERS,
FURNISH BREAKFAST AND LUNCH, AND SUPPLY MEDICAL AND DENTAL HEALTH CARE.
MRS. HENRY INFORMED THE BOARD THAT THEY HAVE 30 HANDICAPPED CHILDREN IN
THE PROGRAM AND OPERATE IN THE GIFFORD, WABASSO AND FELLSMERE AREAS.
SHE ALSO SPOKE ABOUT THEIR PROGRAM SERVING MEALS AT NOON TO SO ELDERLY
PEOPLE WHO LIVE ALONE; THEIR WEATHERIZATION PROGRAM FOR REPAIRING HOMES;
AND.THEIR GARDENING AND FOOD PRESERVATION PROGRAM TO ENCOURAGE BETTER
NUTRITION.
MRS. HENRY ANNOUNCED TO THE BOARD THAT SHE IS RESIGNING HER
POSITION AS EXECUTIVE DIRECTOR OF EOC AS OF SEPTEMBER 30TH AND WILL BE
LEAVING VERO BEACH TO JOIN HER FAMILY.
THE BOARD AGREED THAT THIS IS THE COUNTY'S LOSS, AND ON MOTION
BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, AUTHORIZED THE
ATTORNEY TO PREPARE AN APPROPRIATE RESOLUTION INDICATING THE VALUABLE
CONTRIBUTION MADE TO THE CITIZENS OF THE COUNTY BY MRS. HENRY.
THE HOUR OF 11:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK
READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
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 z46e w J G—l�e eJ c ,cam,
in the matter of ��4!�-e 'JAS
In the Court, was pub -
lisped in said newspaper in the Issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, In said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Flo.° ja
for a period of one year next preceeding the first publication of the attached copy of adv'br-
t1sement; and affiant further says that he has neither paid nor promised any person, firm `or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Swom to and subscribed before me this of /' 1
. — Busi ess Manager)
iSEAI) (Clerk of the Circuit Court, India ver County, Florida)
16
1977
NOTICE OF PUBLIC HEARING
IN RE: APPLICATION FOR WATER ANC
SEWERAGE FRANCHISE TRANSFER
TO WHOM IT MAY CONCERN:
YOU ARE HEREBY NOTIFIED that
Treasure Coast Utilities, Inc., a Florida
Corporation, will apply to the Board of County
Commissioners of Indian River County,
Florida, on September 21, 1977, at the hour of
11:00 a.m, in the County Commissioners' room
in the Indian River County Courthouse at Vero
Beach, Florida, far approval transferring the
Maguire -Treasure Coast Utilities Franchise
which is known as Resolution No. 74-15 to the
following individuals:
Edward S. Goodman and Rose M. Goodman,
his wife; and Alex Rowen and Teresa Rowen,
his wife
and the property which is now embraced by
said franchise is described as follows: to wit:
The West 20.29 acres of Tract 4, Section 26,
Township 33 South, Range 39 East, according
to the last general plat of Indian River Farms
Company, filed in the office of the Clerk of the
Circuit Court of St. Lucie County, Florida, in
Plat Book 2, page 25; said land now lying and
being in Indian River County, Florida.
Said property more commonly known as
HOLIDAY VILLAGE MOBILE HOME PARK.
The existing rates and hookup charges are
as follows:
MONTHLY SEWER AND
WATER RATES
AND CONNECTION CHARGES
Sewer and water
charges: $7.50 per unit connected
Connection charge: $457.00 per connection
(includes both water
& sewef )
This is an exclusive franchise which shall
Continue in effect until such time as it may be
merged and taken into a water and sewerage
system operated by a Governmental Agency
and -or authority.
Dated this 8th day of September, 1977.
Board of County Commissioners
Indian River County, Florida
By: William C. Wodtke, Chairman
Sept. 11, 1977.
1
ATTORNEY RICHARD BOGOSIAN APPEARED REPRESENTING EDWARD AND
ROSE GOODMAN AND ALEX AND TERESA ROWEN, OWNERS OF HOLIDAY VILLAGE MOBILE
HOME PARK, HE STATED THE MR. MAGUIRE ORIGINALLY OWNED THE 20 ACRES AND
SET UP THE MOBILE HOME PARK. HE CONTRACTED WITH TREASURE COAST UTILITIES
AND THEY CAME IN AND SET UP THE SEWER AND WATER PLANT. MR. BOGOSIAN
NOTED THAT THERE WERE MANY PROBLEMS WHICH WERE RESOLVED BY TRANSFERRING
THE OWNERSHIP OF THE WATER AND SEWER PLANT TO HIS CLIENTS AND NOW THAT t
THEY OWN IT, THEY WANT TO HAVE THE FRANCHISE TRANSFERRED TO THEM.
MR. HOGOSIAN CONTINUED THAT THE ORIGINAL RATES WERE MORE OF A CONNECTION
CHARGE THAN ANYTHING ELSE, AND NOW THE CHARGES ARE BUILT INTO THE LOT
i
RENTS. HE EXPLAINED THAT THE RATES ARE EXACTLY THE SAME AS THEY WERE, BUT
NOW THEY ACTUALLY AREN'T CHARGING RATES.
COMMISSIONER LOY ASKED IF MR. BOGOSIAN HAD ANY WORD FROM
TREASURE COAST UTILITIES IN REGARD TO THE TRANSFER OF FRANCHISE.
MR. DONLON PRESENTED TO THE BOARD THE FOLLOWING LETTER FROM
TREASURE COAST UTILITIES AGREEING TO THE TRANSFER OF THE FRANCHISE:
kN
�� 1977
Mr. Bob Donlon
Road and Bridge Department
Indian River County Courthouse
Vero Beach, Florida 32960
Re: Treasure Coast Utilities Franchise/Holiday Village Mobile Home Park
Dear Bob:
Through an agreement with the owner of Holiday Village Mobile Home Park,
we are transferring our utility operation along with the existing franchise to
Goodman and Rowen Associates, Inc. It is my understanding that Goodman
and Rowen Associates, Inc. has applied for approval of the transfer of this
franchise. Please accept this letter as the formal request of Treasure Coast
Utilities, Inc. to transfer this franchise to Goodman and Rowen Associates,
Inc.
Thank you for your cooperation and assistance.
Kindest regards,
JONES, PAINE & FOSTER, P.A.
By
Steve L. Henderson
tdb
cc: Mr. Lowell Lohman
ATTORNEY COLLINS. POINTED OUT THAT THE LETTER APPROVES A TRANSFER
TO GOODMAN AND ROWEN ASSOCIATES, INC., WHICH IS NOT CONSISTENT WITH THE
PUBLIC NOTICE.
FOOK 31 mc- 94
Er 22 11977
Ij
LAW OFFICES
LARRY B. ALEXANDER
1 GEORGE H. BAILEY
JONES, PAINE & FOSTER
SALLY S. BENSON
PROFESSIONAL ASSOCIATION
A. RUSSELL 8000
-
JAMES R. COLE
3400 OCEAN DRIVE • POST OFFICE BOX 3406
MARGARET L. COOPER
VERO BEACH, FLORIDA 32960
CHARLES H. DAMSEL. JR.
L. MARTIN FLANAGAN
PHONE (300)ygx 231-1900
' WILLIAM A. FOSTER
MARJORIE D. GADARIAN
BERNARD F. GRALL
OFFICE IN
STEVE L. HENDERSON
THORNTON M. HENRY
July 1, 197? WEST PALM BEACH. FLA.
R. BRUCE JONES
ROY W. JORDAN. JR.
ROBIN A. LLOYD
JOHN BLAIR MCCRACKEN
GERALD A. MCGILL
GEORGE H. MOSS
RICHARD J. OLACK
JAMES C. PAINE
KEITH L. PARK
ANTHONY E. PUCILLO
CHARLES L. ROWE
SIDNEY A. STUBBS. JR.
GEORGE P. SUPRAN
EVERETT J. VAN GAASBECK
PAUL C. WOLFE
Mr. Bob Donlon
Road and Bridge Department
Indian River County Courthouse
Vero Beach, Florida 32960
Re: Treasure Coast Utilities Franchise/Holiday Village Mobile Home Park
Dear Bob:
Through an agreement with the owner of Holiday Village Mobile Home Park,
we are transferring our utility operation along with the existing franchise to
Goodman and Rowen Associates, Inc. It is my understanding that Goodman
and Rowen Associates, Inc. has applied for approval of the transfer of this
franchise. Please accept this letter as the formal request of Treasure Coast
Utilities, Inc. to transfer this franchise to Goodman and Rowen Associates,
Inc.
Thank you for your cooperation and assistance.
Kindest regards,
JONES, PAINE & FOSTER, P.A.
By
Steve L. Henderson
tdb
cc: Mr. Lowell Lohman
ATTORNEY COLLINS. POINTED OUT THAT THE LETTER APPROVES A TRANSFER
TO GOODMAN AND ROWEN ASSOCIATES, INC., WHICH IS NOT CONSISTENT WITH THE
PUBLIC NOTICE.
FOOK 31 mc- 94
Er 22 11977
Ij
10
ATTORNEY BOGOSIAN STATED THAT THEY TOOK TITLE IN THE CORPORATION'S
NAME, BUT SUBSEQUENTLY PUT IT IN THE INDIVIDUAL'S NAMES.
ATTORNEY COLLINS ASKED THAT THE BOARD BE SUPPLIED WITH A
LETTER TO THIS EFFECT.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE -HEARD. THERE
WERE NONE.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 77-94 TRANSFERRING THE
MAGUIRE-TREASURE COAST UTILITIES FRANCHISE TO MR. & MRS. GOODMAN AND
MR. & MRS, ROWEN, SUBJECT TO RECEIPT OF LETTER AS REQUESTED BY ATTORNEY
COLLINS.
o . 77-94 w
RESOLUTION N 0 ILL BE MADE A PART OF THE MINUTES WHEN
RECEIVED, LETTER AS REQUESTED BY ATTORNEY COLLINS IS HEREBY MADE A PART
OF THE MINUTES,
SEP 2 11977
r
LAW OFFICES ..
LARRY B. ALEXANDER JONES, PAINE & FOSTER
GEORGE H. BAILEY
SALLY S. BENSON PROFESSIONAL ASSOCIATION
A. RUSSELL BOBO
JAMES R. COLE 3406 OCEAN DRIVE • POST OFFICE BOX 3406
MARGARET L. COOPER VERO BEACH, FLORIDA 32960
CHARLES H. DAMSEL. JR. PHONE (30SXI LIXXX 231-1900
L. MARTIN FLANAGAN
WILLIAM A. FOSTER
MARJORIE D. GADARIAN
BERNARD F. GRALL OFFICE IN 1
STEVE L. HENDERSON WEST PALM BEACH, FLA.
RM. HENRY
R. BSeptember 27, 1977
R. BRUCEUCE JONES h�h?128
ROY W. JORDAN. JR. LU ./
ROBIN A. LLOYD ^
JOHN BLAIR MCCRACKEN w�y
GERALD A. MaGILL -v
GEORGE H. MOSS GFP 1971 k
RICHARD J. OLACK
JAMES C. PAINEprf. C'���
KEITH. L. PARK j � ff11EM LT:
ANTHONY E. PUCILLO 6` BOARD COUNTY
CHARLES L. ROWE! COMMISSIGNERS
SIDNEY A. STUSBS. JR.
CEO^CE P. SUPRAN
EVERETT J. VAN GAASSECK
PAUL C. WOLFE
Board of County Commissioners
Indian River County Courthouse
Vero Beach, Florida 32960
Re: Treasure Coast Utilities Franchise/
Holiday Village Mobile Home Park
Gentlemen:
In my letter of July 1, 1977, concerning the transfer of the
Treasure Coast Utilities franchise, there was an error in that
we agreed to the transfer of this franchise to Goodman and _
Rowen Associates, Inc.
Please consider this letter as a formal request to transfer this
franchise to the owners of the property, Edward S. Goodman and
Rose M. Goodman, his wife, and Alex Rowen and Teresa Rowen, his
wife.
Thank you for your cooperation and assistance.
Kindest regards,
JONES, PA NE & MESITER, P. A.
By. i .moi �' 1
Steve L. Henderson
kfw t
cc: Richard P. Bogosian, Esquire
Mr. Lowell Lohman,
Treasure Coast Utilities
a - i
t
1 96
>
su
�r
THE HOUR OF I1:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK
READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT:
VERO BEACH PRESS -JOURNAL
Published Weekly
NOTICE
TM Board of County Commlaslone's of Indian River County, Florida, will, en the 21"t dayof
September,1977, at 11:00 A.M. in the Board of County Commissioners Room at the Indian River
Vero Beach, Indian River County, Florida
County Court Mouse. Vero Beach. Indian River County. Florida, consider granting a Change to the
. Misting franctllaa af;
General nevelopment Utilities. Inc.
COUNTY OF INDIAN RIVER: _
_
'• nil Sou, Floridaa1 Mwe331
STATE OF FLORIDA
bbaeasealixxcirorh charges for future customers as follows:
Before the undersigned authority personally appeared JJ. Schununn, Jr. who on oath
WATER—SINGLE FAMILY
' says Mat he is Business Manager of the Vero Beach Press-Journai, a weekly newspaper published
at Varo Beach in Indian River County, Florida; that the attached copy of advertisement, being
Presets Proposed
•
-
$164.00 Main Estenslon Charge 17.19times footage front.
" • tug an ma -n
Plant Capacity Charge S,.36•gallon of demand
a
s 65.00 hooter Cgnnsctdn Charge 175.00 I
}
in the matter of
Wats Meter Installation Fees
'
$65.00 ga•• Is ».•• mover 1711.01)
3113A0 s^ motor - 1113.00
5710.00 . 1Vr•• meter' 1190.00
7•• motor f76SA0
}
Matere over 7•• ion site are charged upon the estimated actual costof Installation. Whereaetual
• t^ the Court, was pub
Charges differ from estimates, nd difference will be refunded by the utility if the total Cost IS less
then the estimate• o paid by the Contributor prior to the initiation of water service d the actual •+
cost Mceeded the estimated cost. _
Ruled In said newspaper in the issues of
SBWER—IINOLE FAMILY
�Y
I7/ %r7
MuM Proposed '
/ i
Small Main Extaelan Charge 1631 11"1141 footage front-
Ingin
a
AiRant further says that the said Vero Beach Press-/oumal h nevr
• spaper published at
—' ' Plant Capacity Charge S llanof demand
- Vero Beach, In said Indian River County, and that the mid newspaper has heretofore
. Plant Capacity charges are computed by multiplying the dally rates gallons of demand by
been Continuously published in said Indian River County, Florida, weekly and has been entered
the above rates for the specified service. The daily raved gallonage demand is Sn_ Aied in me
ns secod class mail matter at the Post office in Vero Beach, in said Indian River County, Florida
proposed rules for various types of usage for example apartments= 750 9pd: single family
for a period of one year next preceeding the first publication of the attached Copy of adver.
residence a0•• x K•• meter -350 god..
themenh and affiant further says that he has neither paid nor promised any person, firm or
These increased charges apply only to newramuctions"do rdtatfect Misting cuabmers of
10-1
corporation any discount, rebate, commission or refund for the purpose of securing this adver.
ton Utility.
t for publication in the said newspaper.
Parties in interest and citizens will be heard by the Board atsad Public Hearing.
�' 77
DATED this 61h clay of September. 1977.
of CW tcommissi rs
Swom to and subscribed before me this Of' A.D.
1n�disn River County Flo iddaa
Cyt William C. Wodtks. Chairman
Sept. 7. 1477., _ .____ •...
. 1 -(Rosi onager)
6
csEAu (Clark of the Chant Court. Indian ' County, Florida)
WAYNE ALLEN, ATTORNEY FOR GENERAL DEVELOPMENT CORPORATION, IN—
FORMED THE BOARD THAT GENERAL DEVELOPMENT UTILITIES, INC., IS A FULLY—OWNED
SUBSIDIARY OF GDC, WHICH OPERATES UTILITY SYSTEMS THROUGHOUT THE STATE, AND
IN AN ATTEMPT TO PUT THE UTILITIES ON AN ECONOMICALLY VIABLE BASIS AND TO
STANDARDIZE THEIR POLICIES, THEY ARE ASKING THE BOARD TO APPROVE THEIR
POLICY FOR EXTENDING SERVICE AND IN REGARD TO BEING MORE DESCRIPTIVE OF
THE TYPE OF CUSTOMER WHO MIGHT SEEK SERVICE.
ATTORNEY COLLINS STATED THAT THE BOARD CAN ACT ONLY ON THE
CHARGES AS SET OUT IN THE PUBLIC NOTICE, BUT NOT ON THE WHOLE POLICY.
ATTORNEY ALLEN INTRODUCED .JERRY MOZIAN, VICE PRESIDENT OF
GENERAL DEVELOPMENT UTILITIES, INC. MR. MOZIAN INFORMED THE BOARD THAT
• THEY ARE NOT ASKING FOR AN INCREASE IN THE MONTHLY RATES, AND THEIR
PROPOSED CONNECTION CHARGES WILL NOT AFFECT EXISTING CUSTOMERS. MR. MOZIAN
CONTINUED THAT UNDER THEIR FRANCHISE, A CUSTOMER PRESENTLY PAYS A FLAT.
AMOUNT OF $230.00 TO CONNECT TO THE WATER -SYSTEM, WHICH CHARGE INCLUDES A
WATER METER�AND $400.00 TO CONNECT TO THE SEWER SYSTEM. MR..MOZIAN SAID
THEY WANT TO INCREASE THE CONNECTION CHARGE TO DEFRAY THE COST OF CON—
NECTING AND ALSO WANT TO MORE EQUITABLY CHARGE THE CUSTOMER BASED ON WHAT
20
ma 31 ma 7
SEP "11977
L-1
IT IS COSTING THE COMPANY TO SERVE HIM. HE STATED THAT THEY DEFINE A
STANDARD RESIDENTIAL CUSTOMER AS ONE LIVING IN A SINGLE FAMILY HOUSE,
HAVING A MINIMUM WATER METER AND A LOT FRONTAGE OF ABOUT 80'. UNDER THE
PROPOSED CHARGES, SUCH A CUSTOMER WOULD PAY $376.20 FOR A WATER CONNECTION
AND SEWER WOULD BE INCREASED TO $649.20. MR. MOZIAN CONTINUED THAT UNDER
THE PROPOSED POLICY, THEY ARE ASKING EACH CUSTOMER TO PAY FOR THE SEWER
PLANT THEY BUILT, FOR LINE EXTENSION, AND FOR PHYSICALLY CONNECTING HIS
PROPERTY TO THE LINE. THE WAY THEY WILL SPREAD THESE COSTS DEPENDS UPON
THE NEEDS OF THE CUSTOMER. THE STANDARD RESIDENTIAL CUSTOMER USES ABOUT
350 GPD, WHICH IS MULTIPLIED BY 36� PER GALLON FOR PLANT CAPACITY. THE
COMPANY WILL CHARGE $2.19 PER FRONT FOOT FOR THE LINE IN FRONT OF THE
PROPERTY AND $75.00 FOR THE WATER METER AND SERVICE. MR. MOZIAN POINTED
OUT THAT IF SOMEONE BUILT A MULTI -FAMILY UNIT, THEY WOULD BE USING MORE
WATER, AND UNDER THE NEW POLICY, THOSE NEEDING MORE WATER WILL PAY MORE.
HE FURTHER NOTED THAT SOMEONE.BUILDING ONE HOUSE ON THREE LOTS WOULD
HAVE TO PAY FOR THE LINE RUNNING IN FRONT OF ALL THAT FOOTAGE. A 3/4"
METER IS STANDARD - A BIGGER METER WILL COST MORE, IN OTHER WORDS, EACH
CUSTOMER WILL BE ASSESSED INDIVIDUALLY FOR WHAT HE NEEDS. THE CHARGES FOR
THE SEWER OPERATE BASICALLY IN THE SAME WAY. MR. MOZIAN POINTED OUT THAT
IF THERE WERE NO CONNECTION CHARGE, THE COST OF THE LINES, ETC., WOULD
ALL BE THE UTILITIES COMPANY'S INVESTMENT, BUT WHEN THE CUSTOMER PAYS A
CONNECTION CHARGE, THERE IS A REDUCTION OF THE INVESTMENT, WHICH, IN TURN,
REDUCES THE EARNINGS BASE FOR THE UTILITY AND, IN THEORY, CAUSES RATES
NOT TO GO UP AS MUCH.
COMMISSIONER SIEBERT NOTED THAT THE INCREASED CHARGES APPLY
ONLY TO NEW CUSTOMERS, AND ASKED IF PROPERTY OWNERS HAVE BEEN NOTIFIED.
MR. MOZIAN STATED THAT SOME OF THE PROPERTY OWNERS HAVE BEEN
COMMITTED TO A CERTAIN PRICE AND SOME HAVE AN AGREEMENT THAT THEY WILL
PAY WHATEVER THE PRICE IS WHEN THEY CONNECT.
CHAIRMAN WODTKE NOTED THAT GENERAL DEVELOPMENT UTILITIES HAS
GONE INTO A VERY EXPENSIVE EXPANSION AND ASKED WHAT FIGURE WAS USED TO
DETERMINE THE POTENTIAL OF THE RETURN ON CAPITAL.
MR MOZIAN STATED THAT THE QUESTION OF RETURN DOESN'T ENTER INTO
THIS. HE NOTED THAT THE STATE DESIGN CRITERIA FOR BUILDING WATER AND
SEWER SYSTEMS CALLS FOR A PLANT WHICH WILL PROVIDE 350 GPD FOR A STANDARD
RESIDENTIAL UNIT. IT COSTS ROUGHLY A DOLLAR A GALLON TO BUILD A SEWER
AND WATER PLANT, AND THEY ARE ASKING THE CUSTOMER TO PAY 3R OF THAT
DOLLAR. 21
Nu 1 MSR
SSP 21197
COMMISSIONER SCHMUCKER NOTED THAT THEY SOLD A GREAT MANY LOTS
IN PREVIOUS YEARS AND ASKED IF ALL THOSE SOLD WERE FURNISHED WATER AND
SEWER.
MR. MOZIAN SAID HE BELIEVED THAT ALL THE LOTS ARE NOT ON THE
SEWER SYSTEM; SOME HAVE SEPTIC TANKS; SOME ARE SOLD WITH A COMMITMENT
FOR WATER; AND SOME ARE NOT.
ATTORNEY ALLEN INFORMED THE BOARD THAT THE INITIAL SALES PROGRAM
WAS SELLING ON WELL AND SEPTIC TANK, BUT IN THE EARLY 1970'S, THERE WAS
CONCERN ABOUT THIS PRACTICE BY THE STATE DEPARTMENT OF HEALTH, AND THE
COMPANY THEN ADOPTED A SALES PROGRAM OF SELLING ALL NEW PLATS ON CENTRAL
WATER AND SEWER.
COMMISSIONER SCHMUCKER ASKED IF THE WATER AND SEWER WAS
FURNISHED AS A PART OF THE LOT PRICE OR IF A SEPARATE CHARGE WAS TO
BE MADE WHEN THEY ACTUALLY CONNECT TO THE SYSTEM.
ATTORNEY ALLEN STATED THAT IT IS A SEPARATE $1,000. CHARGE
WHICH COMMENCES THREE YEARS AFTER THE STARTING DATE OF THE CONTRACT.
THOSE FUNDS ARE PAID IN CONJUNCTION WITH THE PURCHASE PRICE, AND BY THE
p END'OF THE 10 YEAR TERM, THE PURCHASER WILL HAVE PAID HIS FULL WATER AND
SEWER FEE. THESE FUNDS ARE KEPT IN ESCROW FOR THE PURPOSE, AND IF THERE
IS AN INCREASE, THE PURCHASER WOULD BE OBLIGATED FOR THE EXTRA. HE NOTED
THAT THIS CHARGE WAS BASED ON AN ESTIMATE ON INFLATIONARY TENDENCIES.
COMMISSIONER SCHMUCKER ASKED WHAT HAPPENS IF SOMEONE BUYS -A
LOT FOR CASH AND WANTS TO BUILD.
MR. MOZIAN ANSWERED THAT HE WOULD PAY THE PRESENT CONNECTION
CHARGES AND ALSO NOTED THAT IF A CUSTOMER HAD PAID THE ENTIRE $1,000.
CHARGE INTO ESCROW, THEY WOULD GIVE HIM THE OVERAGE BACK.
ATTORNEY COLLINS ASKED WHERE THEY GET THE AUTHORITY TO CHARGE
THIS EXTRA COST.
,ATTORNEY ALLEN POINTED OUT THAT IT IS GENERAL DEVELOPMENT
CORPORATION AND NOT THE UTILITY COMPANY THAT IS MAKING THIS CHARGE, AND
THEY DID NOT FEEL THE COUNTY WAS REGULATING THAT TYPE OF CHARGE. THE
ACTUAL CHARGE TO BE MADE AT TIME OF CONNECTION IS REGULATED, AND THEY
HAVE NEVER EXCEEDED THE RATES APPROVED UNDER THE FRANCHISE. GDC IS MAKING
AW OBLIGATION THAT WATER AND SEWER SERVICE WILL BE PROVIDED.
22
SEP 2 11977
CHAIRMAN WODTKE ASKED WHAT HAPPENS IN THE SITUATION WHERE SOME-
ONE HAS PAID UP THIS CHARGE, AND THEN SELLS HIS LOT.
ATTORNEY ALLEN STATED THAT THE UTILITY FUNDS STAY WITH THE LOT.
COMMISSSIONER LOY ASKED IF THEY ANTICIPATE A NEW SECTION AND
THAT IS WHY THEY ARE HERE.
ATTORNEY ALLEN STATED THAT THEY ARE TRYING TO PUT THE UTILITY
ON AN ECONOMICALLY VIABLE BASIS AND STANDARDIZE A RATE FORMULA, AND
THOUGH THERE MAY BE NEW DEVELOPMENT, HE IS NOT AWARE OF ANY, AND THIS IS
ENTIRELY SEPARATE,
CHAIRMAN WODTKE STATED HE FELT DEVELOPING AN IMPACT FEE FOR
NEW CUSTOMERS IS A GOOD WAY FOR EXPANSION TO COME ABOUT.
COMMISSIONER DEESON ASKED IF THIS FRANCHISE INCLUDES SEBASTIAN
HIGHLANDS, AND MR. BEVAN STATED THAT IT INCLUDES VERO HIGHLANDS AND VERO
SHORES ONLY, BUT THE RATES THAT ARE PRESENTLY IN EFFECT ARE THE SAME AS
THOSE IN SEBASTIAN HIGHLANDS.
COMMISSIONER LOY ASKED IF THEY KEEP A COMPLETE SET OF BOOKS
ON THE UTILITY LOCATED IN THIS COUNTY, AND MR. MOZIAN STATED THAT ALL
THEIR COMPANIES ARE KEPT SEPARATELY.
COMMISSIONER LOY FELT THEIR PROPOSAL OF SHARING THE COST WITH
NEW OWNERS SHOULD HAVE AN AFFECT ON THEIR RATE OF RETURN WHEN THEY COME
BACK IN THE FUTURE FOR RATE INCREASES.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE
WERE NONE.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
ON MOTION BY COMMISSIONER SIEB ERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 77-95 GRANTING A
CHANGE IN THE EXISTING FRANCHISE OF GENERAL DEVELOPMENT UTILITIES, INC.,
TO ALLOW FOR THE EXTENSION, CAPACITY, AND EXPANSION CHARGES AS SET OUT
IN THE PUBLIC NOTICE.
RESOLUTION N0. 77-95 WILL BE MADE A PART OF THE MINUTES WHEN
RECEIVED.
23
INTERGOVERNMENTAL COORDINATOR THOMAS REPORTED THAT HE HAS
REVIEWED THE BID SUBMITTED BY ARTHUR LEE HENDERSON FOR A TRACT OF COUNTY
PROPERTY 190' X 130', LOCATED SEVERAL BLOCKS NORTH OF BARBER AVENUE.
HE NOTED THAT MR. HENDERSON WHO OWNS ADJACENT PROPERTY, BID $1,000. BUT
THE ASSESSED VALUE OF THIS PROPERTY IS $4,140. MR. THOMAS STATED THAT
THIS PROPERTY DOES HAVE A BUILDING PROBLEM, AND FELT LOSS OF TAX INCOME
SHOULD BE CONSIDERED, HE RECOMMENDED, HOWEVER, THAT THE BOARD REJECT THE
BID AND READVERTISE.
DISCUSSION FOLLOWED IN REGARD TO THE FACT THAT THIS IS A LOW
AREA; THERE MAY BE THE NECESSITY FOR A LIFT STATION IN THIS AREA IN THE
FUTURE; AND SCHUMANN PARK IS LOCATED NEARBY,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY REJECTED THE BID OF ARTHUR LEE HENDERSON ON A TRACT
OF COUNTY PROPERTY DESCRIBED.ON THE TAX ROLL AS 26-32-39-00-7000-011.0,
THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 12:00
O'CLOCK NOON FOR LUNCH AND RECONVENED AT 1:30 O'CLOCK P.M. WITH THE SAME
MEMBERS PRESENT,
INTERGOVERNMENTAL COORDINATOR THOMAS INTRODUCED GEORGE T. BLAND
OF WILLIAM R. HOUGH & CO., AND ARNOLD SCHNEIDER OF THEIR ORLANDO OFFICE
AND INFORMED THE BOARD THAT THEY ARE HERE TODAY TO MAKE AN OFFER TO PUR-
CHASE THE SOLID WASTE DISPOSAL SYSTEM BONDS.
MR. BLAND STATED THAT LAST .JUNE THEY AGREED TO WORK WITH THE
STAFF IN REGARD TO THE SOLID WASTE SYSTEM WITH THE IDEA THAT WHEN THE
ENGINEERS CAME UP WITH A FEASIBILITY STUDY, WHICH WOULD ACTUALLY GIVE THE
DETAILS OF THE SOLID WASTE SYSTEM, THEY WOULD THEN PROPOSE THE PURCHASE
OF THE BONDS. THE ENGINEERS HAVE NOW COMPLETED THIS STUDY. MR. BLAND
THEN REPORTED ON RATES FOR BOND ISSUES THAT HE FELT ARE COMPARABLE TO THE
INDIAN RIVER COUNTY BONDS. HE STATED THAT HE HAS SELECTED BONDS IN THE
"BAA" AND HIGHER RATED CATEGORIES. MR, BLAND EXPLAINED THAT INDIAN RIVER
COUNTY DOES NOT HAVE ANY OF THEIR BONDS RATED AT THIS TIME, AND HIS COM-
PANY IS PROPOSING TO MAKE AN OFFER ON THESE BONDS ON THE ASSUMPTION THAT
THEY WILL FIT INTO A CERTAIN CATEGORY. THE LIST OF BONDS HE REPORTED
ON SHOWED INTEREST RATES VARYING FROM 5.30% UP TO 6.0%. MR. BLAND PRE-
SENTED THE BOARD WITH THE LATEST COPY OF THE BOND BUYER'S INDEX AND CON-
TINUED DISCUSSING RATINGS.
24
SEP 2 11977
�I
MGK 31 PACE 101
f
t
MR. BLAND THEN PASSED OUT COPIES OF THEIR PROPOSAL WHICH SHOWS A
5.30% INTEREST RATE. HE FELT THIS IS ON AN "A" SCALE, WHICH IS WHAT THEY
WILL SHOOT FOR. MR. BLAND STATED THAT THEY ARE OFFERING TO PAY $1,778,700:
FOR THE BONDS AND PRESENTED A GOOD FAITH CHECK IN THE AMOUNT OF $17,787.00
WHICH IS TO BE HELD IN ESCROW UNTIL CLOSING. HE THEN, WENT OVER THEIR PRO—
POSAL IN DETAIL, NOTING THAT THEY HAVE MADE THE BONDS CALLABLE TWO YEARS
EARLIER THAN PREVIOUSLY PLANNED. HE ALSO NOTED THAT INSTEAD OF A GENERAL
NON—AD VALOREM TYPE BOND, THEY HAVE PIN—POINTED A PARTICULAR SEGMENT, THE
GUARANTEED ENTITLEMENT FUNDS (ACTUALLY $205,000). HE NOTED THAT THE SYSTEM
IS TO BE A SELF—SUPPORTING TYPE SYSTEM, BUT IF SOMETHING HAPPENS TO THE
REVENUE, THEN YOU FALL BACK ON THE GUARANTEED ENTITLEMENT FUNDS.
INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT WE
HAVE ROUGHLY BETWEEN 1.5 AND 1.6 MILLION IN NON—AD VALOREM TAX FUNDS
AT THE PRESENT TIME, WHICH INCLUDES THE $205,000 GUARANTEED ENTITLEMENT
REFERRED TO. THIS STILL LEAVES US WITH A LITTLE OVER 1.3 MILLION OF
SIMILAR FUNDS THAT THESE BONDS DO NOT HAVE A LIEN ON SO IF WE NEED TO ISSUE
ADDITIONAL BONDS FOR ANY REASON, WE STILL HAVE THAT MUCH ANNUAL DEBT SER—
VICE MONIES AVAILABLE. HE STATED HE FEELS THIS IS A MUCH BETTER ARRANGE—
MENT THAN PLEDGING ALL THE NON—AD VALOREM TAX FUNDS AS ORIGINALLY PLANNED,
ESPECIALLY AS WE MIGHT HAVE TO ISSUE MORE BONDS IN A RELATIVELY SHORT TIME.
MR. THOMAS STATED THAT HE HAS WORKED WITH PAIR. BLAND OFF AND ON FOR OVER
4 YEARS AND HAS THE GREATEST CONFIDENCE IPJ HIM AND MR. SCHNEIDER. THE
INTERGOVERNMENTAL COORDINATOR INFORMED THE BOARD THAT HE AND ATTORNEY
COLLINS ARE COMPETELY SATISFIED WITH THE PRESENTATION AND WOULD LIKE TO
RECOMMEND THAT THE RUAA-b ACCEPT THE PROPOSAL OF WILLIAM R. HOUGH & CO.
COMMISSIONER SIEBERT NOTED THAT PARAGRAPH 6 ON PAGE 3 OF THE
PROPOSAL REFERS TO "CITY" INSTEAD OF "COUNTY," AND SHOULD BE CORRECTED,
COMMISSIONER LOY ASKED IF THE MONIES WHICH WE MUST SET ASIDE
IN SPECIAL ACCOUNTS CAN BE INVESTED, AND IF FOR SOME REASON THE COUNTY
WISHED TO CALL IN THE BONDS, THIS CAN BE DONE AND THEY DO NOT HAVE TO BE
EXTENDED FOR THE ENTIRE LIFE OF THE BONDS.
MR. BLAND STATED THAT THE MONIES CAN BE INVESTED AND THE BONDS
CAN BE CALLED IN, BUT NOT BEFORE S&EPTEMBER,1985. HE ALSO EXPLAINED A
PROCEDURE BY WHICH A NEW BOND ISSUE COULD BE SWAPPED FOR THIS ISSUE.
25
. sou 31 PAs=102
I:.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT,
THE BOARD UNANIMOUSLY ACCEPTED THE PROPOSAL. AS PRESENTED BY WILLIAM R. '
HOUGH & CO., WITH THE CORRECTION REFERRED TO BY COMMISSIONER $IEBERT, AND
AUTHORIZED THE CHAIRMAN TO SIGN THE ACCEPTANCE OF THE PROPOSAL AND ALL
NECESSARY BACK-UP PAPERS.
E
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1
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HOME OFFICE,
� FLORIDA FEDERAL BUILDING
ST. PETERSBURG, FLORIDA 33731
�lllilham I. Hough &• Co.
P. O. BOX 3546
23 WEST CHURCH STREET
ORLANDO, FLORIDA 32802
(305) 641-1685
ALFRED C. SHEPARD
RESIDENT PARTNER
GEORGE T. BLAND
PARTNER
ARNOLD W. SCHNEIDER September. 21, 1977
Honorable Chairman and Members of the
Board of County Commissioners of
Indian River County, Florida
2145 14th Avenue
Vero Beach, Florida 32960
RE: $1,815,000 Indian River County, Florida
Solid Waste Disposal System Revenue Bonds, Series 1977
Gentlemen:
Pursuant to our agreement with the County dated May 18, 1977 wherein we,
William R. Hough & Co. agreed to act as investment banker for the above
referenced bond issue, we respectfully submit this letter with an attach-
ment as our offer of purchase for the captioned bonds.
For $1,815,000 Indian River County, Florida, Solid Waste Disposal System
Revenue Bonds, Series 1977 which Bonds shall be dated September 1, 1977
and which shall bear semi-annual interest on March 1 and September 1 of
each year and which are additionally described in Attachment A to this
letter which is hereby made a part of this offer; and, for all but not
less than all of said Bonds maturing and bearing interest at the rates
per annum as follows:
YEAR AMOUNT RATE YEAR AMOUNT RATE
1980 $ 75, 000 % T988 $125,000
1981 80,000 1L_ A0 1989 135,000 %
1982 85,000% 1990 140,000
1983 90,000 5 -,Jo % 1991 150,000
1984 100,000 5�,% 1992 160,000
1985 105,000 S ; 7G % 1993 165,000
1986 110,000 lniL% 1994 175,000tsA-0—%
1987 120,000 zuV_%
WW William R. Pugh & Co., hereby offer to pay the aggregate sum of
Dol Lars
($T 2W co ) and accrued i merest -to the date of -del i very subject to
the following terms and conditions:
Honorable Chairman and Members of the
Board of County Commissioners of
Indian River County, Florida
Page 2
September 21, 1977
1. The County will adopt the necessary bond resolution and other documents
required to issue the bonds and will take all legal and administrative steps
in cooperation with William R. Hough & Co. necessary to accomplish the finan-
cing in an expeditious manner. The bond resolution and official statement
to be adopted by the County shall incorporate the description, security,
protective covenants and obligations of the County as are set forth in Attach-
ment A hereto, and shall contain such other customary and usual protective
covenants found in bond resolutions drawn for other similar bond issues, and
shall be satisfactory to both parties.
2. The County shall have received a project feasibility report from Post,
Buckley, Schuh & Jernigan, Inc., Consulting Engineers. Such feasibility
report shall contain a description of the requirements of the project including
the estimated revenues, expenses and net revenues which are projected to be
derived from the operation of the County's solid waste disposal system for the
next five years. Said feasibility report shall also set forth recommendations
as to the appropriate level of Renewal and Replacement Reserves for the system
which shall provide an adequate reserve for depreciation of all depreciable
assets.
3. The County and William R. Hough & Co. agree to cooperate fully in pro-
ceeding immediately with the validation process for this bond issue and with
the development of a complete Official Statement of the County relating to
this bond issue.
4. This offer to purchase is made subject to the successful validation of
the Bonds in the Circuit Court and the appeal period having expired without
appeal having been made, and subject to the unqualified approving opinion as
to the legality of the Bonds by Messrs. Freeman, Richardson, Watson, Slade,
McCarthy and Kelly, Jacksonville, Florida, Bond Counsel to Indian River County.
5. The obligation of William R. Hough & Co. to take delivery of the Bonds are
subject to the following: (i) no decision by a court of the United States or
the tax court of the United States shall have been rendered, or a ruling,
regulation (final, temporary or proposed), or official statement by or on
behalf of the Treasury Department of the United States, the Internal Revenue
Service or other governmental agency shall be made, or legislation shall have
been enacted by or favorably reported to either the House of Representatives
or the Senate of the United States with respect to Federal taxation upon
revenues or other income of the general character derived by the County or
upon interest received on the Bonds of the general character of the Bonds,
which in the opinion of the undersigned, materially affects the market price
of the Bonds, or (ii) there shall have been a declaration of war by the Govern-
ment of the United States, or there shall have occurred a_general suspension
of trading on the New York Stock Exchange or the declaration of a general
banking moratorium by the United States or New York State Authorities.
i
SEP ,2 11977
I
Honorable Chairman and Members of the
Board of County Commissioners of
Indian River County, Florida
Page 3
September 21, 1977
6. William R. Hough & Co. agrees to supervise the printing of the Bonds and
the Officialtatement and arrange for the bond closing. Delivery of the
Bonds by the shall be made in New York, New York or at such other mutually
agreeable place within 90 days from the acceptance of this offer, unless such
time limit is extended by mutual agreement.
7. The County agrees to pay for the printing of the bonds, printing and
distribution of the Official Statement, filing costs for validation, the fee
of bond counsel, and the fee of the County Attorney.
8. As evidence of our good faith in making this proposal, we enclose our
check in the amount of $18,150 made payable to the Board of County Commissioners
of Indian River County, Florida. This check shall be held uncashed until the
bond closing at which time the proceeds of said check shall be applied to the
purchase price of the Bonds. In the event William R. Hough & Co. fails to
perform under the terms of this agreement, the $18,150 good -faith check shall
be retained by the County as full and liquidating damages. In the event the
County is unable to deliver the Bonds within 90 days from the date of acceptance
of this offer or within such extended period mutually agreed upon, then said
good -faith deposit shall be returned to William R. Hough & Co. and this agree-
ment shall be deemed null and void. If this proposal is not accepted, said
check is to be returned to us forthwith.
8. This proposal is for acceptance by 5 p.m. September 21, 1977.
Very truly yours,
WI R. HOUGH & CO.
eorge T. Bland
Partner
ACCEPTED BY:
INDIAN RIVER COUNTY, FLORIDA
/� (
_X46,on C Ivele'94
ATTEST:
P 211977
a
ATTACHMENT "A"
OUTLINE OF BASIC TERMS, CONDITIONS
AND PROTECTIVE COVENANTS TO BE CONTAINED
IN THE BOND RESOLUTION RELATING TO THE
ISSUANCE OF $1,815,000 INDIAN RIVER
COUNTY, FLORIDA SOLID WASTE DISPOSAL
SYSTEM REVENUE BONDS, SERIES 1977
1. Description of the Bonds: Coupon bonds dated September 1, 1977 in $5,000
denominations, registerable as to principal only. Interest payable semi-
annually on March 1 and September 1. Principal maturities shall be on
September 1 from 1980 through 1994 in amounts ranging from $75,000 to $175,000.
Bonds maturing in the years 1986 and thereafter will be redeemable prior to
maturity on September 1, 1985 at 102% of par value and decreasing thereafter
at the rate of 1/4 of l% per annum.
2. Security: Principal and interest on the Bonds and the reserves therefor
shall be secured by an irrevocable first lien on and pledge of the net revenues
of the solid waste disposal system. Principal and interest on the Bonds shall
be additionally secured by a prior lien upon and pledge of the Guaranteed
Entitlement Portion of the Revenue Snaring Trust Funds of the State of Florida
as distributed to Indian River County pursuant to Chapter 218, Florida Stat-
Utes.
3. Rate Covenant: Within 90 days following delivery of the Bonds the County
shall enact a rate resolution and thereby will fix, establish and maintain such
rates and collect such fees, rentals or other charges for the services of the
facilities and revise the same from time to time whenever necessary, as will
always provide revenues in each year sufficient to pay one hundred per centum
(100%) of the cost of operation and maintenance of the facilities, one hundred
fifteen per centum (115%) of the principal and interest becoming due in such
year on the obligations and on all other obligations payable on a parity there -
with, plus one hundred per centum (100%) of all reserve and other payments pro-
vided for herein.
4., Issuance of Additional Bonds: The County will not issue any other obligations
payable from that portion of the guaranteed entitlement funds received each yeah
which equal the future maximum annual debt service requirement on these Bonds
nor voluntarily create any lien having priority to or being on a parity with the
lien of the Bonds herein offered and the interest thereon upon such portion of
the guaranteed entitlement funds. Any other obligations issued by the issuer
in addition to the obligations herein offered, payable from such portion of the
guaranteed entitlement funds, shall contain an express statement that such obli-
gations are junior and subordinate in all respects to the Bonds herein offered
as to lien on and source and security for payment from such portion of the guar-
anteed entitlement funds.
Additional bonds ranking on a parity with these bonds may be issued as to
the pledge of the net revenues of the system provided that the County obtain a
certificate from an independent certified public accountant stating that the
net revenues for any 12 consecutive months out of the 18 consecutive months
immediately preceding delivery of the additional bonds are at least equal to 1.15
times the maximum future annual debt service requirements on the outstanding bonds
and those proposed to be issued. The net revenues as estimated by the consulting
engineers for the first 12 months foTlowing completion of the project for which
the additional bonds are issued shall equal at least 1.25 times the maximum future
annual debt service requirement of the bonds outstanding and those proposed to be
pact 31. PA-VIE 107
SEP 211977
issued. Said net revenues may be adjusted by the consulting engineers to reflect
revenues which would have been realized from a change in the rate structure or
changes in revenues which would have been realized from facilities acquired or
disposed of prior to the issuance of the additional bonds or from facilities
which will be acquired from bond proceeds.
5. Flow of Funds: The bond resolution to be adopted by the County shall contain
a flow of funds section which will provide for.the monthly disposition of the
solid waste system gross revenues and the Guaranteed Entitlement Funds in order
priority as follows:
A. All gross revenues of the system, as received, shall be placed into
the Revenue Fund.
B. Revenues shall next be placed into the "Solid Waste Disposal System
Operating Account" and used for payment of operating and maintenance costs which
shall next become due.
C. The County shall next deposit into the Sinking Fund an amount equal to
1/6 of the interest and 1/12 of the principal next becoming due.
D. To the extent necessary, revenues shall next be deposited into the
Reserve Account in an amount equal to 1/12 of 20/ of maximum amount of principal
and interest becoming due in any ensuing fiscal year until the Reserve Account
equals the said maximum requirement. The sum of $100,000 shall initially be
deposited into the Reserve Account from bond proceeds.
E. System revenues shall next be deposited into a Renewal and Replacement
Fund in an amount equal to 1/12 of 10% of the gross revenues of the immediatel,v
preceding fiscal year until there is on deposit therein an amount recommended
by the Consulting Engineers and approved by the County.
F. System revenues shall next be used to pay debt service on any junior
lien obligations which may hereafter be issued.
G. The County will annually as part of its procedure for developing its
budget for the ensuing fiscal year estimate the amount of Guaranteed Entitlement
Funds which will be required for any deficiency in the amount anticipated to be
available in the Sinking Fund and Reserve Account therein and shall budget and
appropriate into the Sinking Fund and Reserve.Account such sums as will be
necessary to meet the required payments.
H. The balance of any remaining solid waste system revenues and Guaranteed -
Entitlement Funds remaining after all of the above requirements have been met
may be used by the County for any lawful purpose.
6. Disposition of Bond Proceeds: The Resolution which will authorize the Bonds
will provide that the Bond proceeds will be applied by the County as follows:
A. The County shall deposit into a "Tax Anticipation Note Redemption Fund"
a sum sufficient to redeem the outstanding notes heretofore issued for the
project.
B. All accrued interest and an amount equal to twelve months interest on
the Bonds will be deposited to the Sinking Fund.
C. An amount equal to One Hundred Thousand Dollars ($100,000) will be
deposited to the Reserve Account in the Sinking Fund.
D. A sum equal to Two Hundred Sixty Thousand Dollars ($260,000) shall be
deposited into the Operating Reserve Fund in the Solid Waste Disposal System
Operating Account and shall be used as an "Operating Reserve Fund" for funding
required start-up costs, operation and administrative expenses of the system
for the first full year following the sale of the Bonds to the extent that
system operating revenues are insufficient for such purposes. Bond proceeds
SEP 2 J 1977
1 •
remaining in the Operating Reserve Fund which are unused at the end of the
first full year shall be deposited into the Reserve Account in the Sinking Fund
until the Reserve Account is equal to the maximum future annual debt service
on the Bonds. Any unused Bond proceeds remaining in the Operating Reserve Fund
after the Reserve Account in the Sinking Fund is fully funded shall be deposited
into the Renewal and Replacement Fund.
E. Remaining proceeds after making all of the payments provided for above
shall be placed into the Construction Fund and used for the payment of legal
and administrative costs, cost of issuing the bonds and for any remaining
unpaid costs of construction and acquisition of the project.
F. Any bond proceeds remaining in the Construction Fund after all of the
above requirements have been met shall be deposited into the Sinking Fund and
used for the payment of principal and interest on the Bonds.
SEP 211977
Honorable Chairman and Members of the
Board of County Commissioners of 't
Indian River County, Florida
2145 14th Avenue
Vero Beach, Florida 32960 i
RE: $1,815,000 Indian River County, Florida
Solid Waste Disposal System Revenue Bonds, Series 1977
Gentlemen:
Pursuant to our agreement with the County dated May 18, 1977 wherein we,
William R. Hough & Co. agreed to act as investment banker for the above
referenced bond issue, we respectfully submit this letter with an attach-
ment as our offer of purchase for the captioned bonds.
For $1,815,000 Indian River County, Florida, Solid Waste Disposal System
Revenue Bonds, Series 1977 which Bonds shall be dated September 1, 1977
and which shall bear semi-annual interest on March 1 and September 1 of
each year and which are additionally described in Attachment A to this
letter which is hereby made a part of this offer; and, for all but not
less than all of said Bonds maturing•and bearing interest at the rates
per annum as follows:
YEAR AMOUNT RATE YEAR AMOUNT RATE
1980
$775,000 �;:.(j% 1988 $125,000 0 %
1981 80,000 �;,7� % 1989 135,000 ,5,2 %
1982 85,000 % 1990 140,000
1983 90,000 130 1991 150,000 >S
1984 100,000 iaAL% 1992 160,000 'Ja(L°A
1985 105,000�S;s p 7. 1993 165,0001. v %
1986 110,000 % 1994 175,000 r'30%
1987 120,000 iL, 3Q-% `
W William R. Hough & Co., hereby offer to pay the aggregate sum of
(�'i+1e ,<,(•.t �.�;G= ,���a,�G �1.,,C �e�yG'U Dollars
�$l7? 7CV, and accvvffecr interest to the date of delivery subject to
the following terms and conditions:
MUNICIPAL BONDS
MUNICIPAL FINANCE CONSULTATION
i
1
Y . •
TF
m �„3 3}
1
.SEP 211977
4(.
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4
MOMS OPFlCS
•
FLORIDA FEDERAL BUILDING -
ST.PETERSBURG.FLORIDA 33731 -
iitham I Hough & Co
P. O. BOX 3846
23 WEST CHURCH STREET
ORLANDO. FLORIDA 32802
i
(309) 841-188$
ALFRED C. SHEPARD
RESIDENT PARTNER
GEORGE T. BLAND
PARTNER
ARNOLD W. SCHNEIDER
September 21, 1977
Honorable Chairman and Members of the
Board of County Commissioners of 't
Indian River County, Florida
2145 14th Avenue
Vero Beach, Florida 32960 i
RE: $1,815,000 Indian River County, Florida
Solid Waste Disposal System Revenue Bonds, Series 1977
Gentlemen:
Pursuant to our agreement with the County dated May 18, 1977 wherein we,
William R. Hough & Co. agreed to act as investment banker for the above
referenced bond issue, we respectfully submit this letter with an attach-
ment as our offer of purchase for the captioned bonds.
For $1,815,000 Indian River County, Florida, Solid Waste Disposal System
Revenue Bonds, Series 1977 which Bonds shall be dated September 1, 1977
and which shall bear semi-annual interest on March 1 and September 1 of
each year and which are additionally described in Attachment A to this
letter which is hereby made a part of this offer; and, for all but not
less than all of said Bonds maturing•and bearing interest at the rates
per annum as follows:
YEAR AMOUNT RATE YEAR AMOUNT RATE
1980
$775,000 �;:.(j% 1988 $125,000 0 %
1981 80,000 �;,7� % 1989 135,000 ,5,2 %
1982 85,000 % 1990 140,000
1983 90,000 130 1991 150,000 >S
1984 100,000 iaAL% 1992 160,000 'Ja(L°A
1985 105,000�S;s p 7. 1993 165,0001. v %
1986 110,000 % 1994 175,000 r'30%
1987 120,000 iL, 3Q-% `
W William R. Hough & Co., hereby offer to pay the aggregate sum of
(�'i+1e ,<,(•.t �.�;G= ,���a,�G �1.,,C �e�yG'U Dollars
�$l7? 7CV, and accvvffecr interest to the date of delivery subject to
the following terms and conditions:
MUNICIPAL BONDS
MUNICIPAL FINANCE CONSULTATION
i
1
Y . •
TF
m �„3 3}
1
.SEP 211977
4(.
�• /F'
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Honorable Chairman and Members of the
Board of County Commissioners of
Indian River County, Florida
Page 2
September 21, 1977
1. The County will adopt the necessary bond resolution and other documents
required to issue the bonds and will take all legal and administrative steps
in cooperation with William R. Hough & Co. necessary to accomplish the finan-
cing in an expeditious manner. The bond resolution and official statement
to be adopted by the County shall incorporate the description, security,
protective covenants and obligations of the County as are set forth in Attach-
ment A hereto, and shall contain such other customary and usual protective
covenants found in bond resolutions drawn for other similar bond issues, and
shall be satisfactory to both parties.
2. The County shall have received a project feasibility report from Post,
.Buckley, Schuh & Jernigan, Inc., Consulting Engineers. Such feasibility
report shall contain a description of the requirements of the project including
the estimated revenues, expenses and net revenues which are projected to be
derived from the operation of the County's solid waste disposal system for the
next five years. Said feasibility report shall also set forth recommendations
as to the appropriate level of Renewal and Replacement Reserves for the system
which shall provide an adequate reserve for depreciation of all depreciable
assets.
3. The County and William R. Hough & Co. agree to cooperate fully in pro-
ceeding immediately with the validation process for this bond issue and with
the development of a complete Official Statement of the County relating to
this bond issue.
4. This offer to purchase is made subject to the successful validation of
the Bonds in the Circuit Court and the appeal period having expired without
appeal having been made, and subject to the unqualified approving opinion as
to the legality of the Bonds by Messrs. Freeman, Richardson, Watson, Slade,
McCarthy and Kelly, Jacksonville, Florida, Bond Counsel to Indian River County.
5. The obligation of William R. Hough & Co. to take delivery of the Bonds are
subject to the following: (i) no decision by a court of the United States or
the tax court of the United States shall have been rendered, or a ruling,
regulation (final, temporary or proposed), or official statement by or on
behalf of the Treasury Department of the United States, the Internal Revenue
Service or other governmental agency shall be made, or legislation shall have
been enacted by or favorably reported to either the House of Representatives
or the Senate of the United States with respect to Federal taxation upon
revenues or other income of the general character derived by the County or
upon interest received on the Bonds of the general character of the Bonds,
which in the opinion of the undersigned, materially affects the market price
of the Bonds, or (ii) there shall have been a declaration of war by the Govern-
ment of the United States, or there shall have occurred a -general suspension
of trading on the New York Stock Exchange or the declaration of a general
banking moratorium by the United States or New York State Authorities.
SEP 2 11977
Honorable Chairman and Members of the
Board of County Commissioners of
Indian River County, Florida
Page 3
September 21, 1977
6. William R. Hough & Co. agrees to supervise the printing of the Bonds and
the Official S a finent and arrange for the bond closing. Delivery of the
Bonds by the°Z shall be made in New York, New York or at such other mutually
agreeable place within 90 days from the acceptance of this offer, unless such
time limit is extended by mutual agreement.
7. The County agrees to pay for the printing of the bonds,.printing and
distribution of the Official Statement, filing costs for validation, the fee
of bond counsel, and the fee of the County Attorney.
8. As evidence of our good faith in making this proposal, we enclose our
check in the amount of $18,150 made payable to the Board of County Commissioners
of Indian River County, Florida. This check shall be held uncashed until the
bond closing at which time the proceeds of said check shall be applied to the
purchase price of the Bonds. In the event William R. Hough & Co. fails to
perform under the terms of this agreement, the $18,150 good -faith check shall
be retained by the County as full and liquidating damages. In the event the
County is unable to deliver the Bonds within 90 days from the date of acceptance
of this offer or within such extended period mutually agreed upon, then said
good -faith deposit shall be returned to William R. Hough & Co. and this agree-
ment shall be deemed null and void. If this proposal is not accepted, said
check is to be returned to us forthwith.
8. This proposal is for acceptance by 5 p.m. September 21, 1977.
ACCEPTED BY:
INDIAN RIVER COUNTY, FLORIDA
ATTEST:
P 211977
Very truly yours,
WI M R. HOUGH & CO.
orge T. Bland
Partner
ATTACHMENT "A"
OUTLINE OF BASIC TERMS, CONDITIONS
AND PROTECTIVE COVENANTS TO BE CONTAINED
IN THE BOND RESOLUTION RELATING TO THE
ISSUANCE OF $1,815,000 INDIAN RIVER
COUNTY, FLORIDA SOLID WASTE DISPOSAL
SYSTEM REVENUE BONDS, SERIES 1977
1. Description of the Bonds: Coupon bonds dated September 1, 1977 in $5,000
denominations, registerable as to principal only. Interest payable semi-
annually on March land September 1. Principal maturities shall be on
September 1 from 1980 through 1994 in amounts ranging from $75,000 to $175,000.
Bonds maturing in the years 1986 and thereafter will be redeemable prior to
maturity on September 1, 1985 at 102% of par value and decreasing thereafter
at the rate of 1/4 of 1% per annum.
2. Security: Principal and interest on the Bonds and the reserves therefor
shall be secured by an irrevocable first lien on and pledge of the net revenues
of the solid waste disposal system. Principal and interest on the Bonds shall
be additionally secured by a prior lien upon and pledge of the Guaranteed
Entitlement Portion of the Revenue Snaring Trust Funds of the State of Florida
as distributed to Indian River County pursuant to Chapter 218, Florida Stat-
utes.
3. Rate Covenant: Within 90 days following delivery of the Bonds the County
shall enact a rate resolution and thereby will fix, establish and maintain such
rates and collect such fees, rentals or other charges for the services of the
' facilities and revise the same from time to time whenever necessary, as will
always provide revenues in each year sufficient to pay one hundred per centum
(1000%) of the cost of operation and maintenance of the facilities, one hundred
fifteen per centum (11.5%) of the principal and interest becoming due in such
year on the obligations and on all other obligations payable on a parity there-
with, plus one hundred per centum (100%) of all reserve and other payments pro-
v1ded for herein. _
4. Issuance of Additional Bonds: The County will not issue any other obligations
payable from that portion of the guaranteed entitlement funds received each year
which equal the future maximum annual debt service requirement on these Bonds
nor voluntarily create any lien having priority to or being on a parity with the
lien of the Bonds herein offered and the interest thereon upon such portion of
the guaranteed entitlement funds. Any other obligations issued by the issuer
in addition to the obligations herein offered, payable from such portion of the
guaranteed entitlement funds, shall contain an express statement that such obli-
gations are junior and subordinate in all respects to the Bonds herein offered
as to lien on and source and security for payment from such portion of the guar-
anteed entitlement funds.
Additional bonds ranking on a parity with these bonds may be issued as to
the pledge of the net revenues of the system provided that the County obtain a
• certificate from an independent certified public accountant stating that the
net revenues for any 12 consecutive months out of the 18 consecutive months
immediately preceding delivery of the additional bonds are at least equal to 1.15
times the maximum future annual debt service requirements on the outstanding bonds
and those proposed to be issued. The net revenues as estimated by the consulting
engineers for the first 12 months following completion of the project for which
the additional bonds are issued shall equal at least 1.25 times the maximum future
annual debt service requirement of the bonds outstanding and those proposed to be
313
SEP 21177
M'
issued. Said net revenues may be adjusted by the consulting engineers to reflect
revenues which would have been realized from a change in the rate structure or
changes in revenues which would have been realized from facilities acquired or
disposed of prior to the issuance of the additional bonds or from facilities
which will be acquired from bond proceeds.
5. Flow of Funds: The bond resolution to be adopted by the County shall contain
a flow of funds section which will provide for the monthly disposition of the
solid waste system gross.revenues and the Guaranteed Entitlement Funds in order
priority as follows:
A. All gross revenues of the system, as received, shall be placed into
the Revenue Fund.
B. Revenues shall next be placed into the "Solid Waste Disposal System
Operating Account" and used for payment of operating and maintenance costs which
shall next become due.
C. The County shall next deposit into the Sinking Fund an amount equal to
1/6 of the interest and 1/12 of the principal next becoming due.
D. To the extent necessary, revenues shall next be deposited into the
Reserve Account in an amount equal to 1/12 of 20% of maximum amount of principal
and interest becoming due in any ensuing fiscal year until the Reserve Account
equals the said maximum requirement. The sum of $100,000 shall initially be
deposited into the Reserve Account from bond proceeds.
E. System revenues shall next be deposited into a Renewal and Replacement
Fund in an amount equal to 1/12 of 10% of the gross revenues of the immediately
preceding fiscal year until there is on deposit therein an amount recommended
by the Consulting Engineers and approved by the County.
F. System revenues shall next be used to pay debt service on any junior
lien obligations which may hereafter be issued.
G. The County will annually as part of its procedure for developing its
budget for the ensuing fiscal year estimate the amount of Guaranteed Entitlement
Funds which will be required for any deficiency in the amount anticipated to be
available in the Sinking Fund and Reserve Account therein and shall budget and
appropriate into the Sinking Fund and Reserve Account such suns as will be
necessary to meet the required payments.
H. The balance of any remaining solid waste system revenues and Guaranteed
Entitlement Funds remaining after all of the.above__requirements have been met
may be used by the County for any lawful purpose.
6. Disposition of Bond Proceeds: The Resolution which will authorize the Bonds
will provide that the Bond proceeds will be applied by the County as follows:
A. The County shall deposit into a "Tax Anticipation Note Redemption Fund"
a sum sufficient to redeem the outstanding notes heretofore issued for the
project.
B. All accrued interest and an amount equal to twelve months interest on
the Bonds will be deposited to the Sinking Fund.
C. An amount equal to One Hundred Thousand Dollars ($100,000) will be
deposited to the Reserve Account in the Sinking Fund.
D. A sum equal to Two. Hundred Sixty Thousand Dollars ($260,000) shall be
deposited into the Operating Reserve Fund in the Solid Waste Disposal System
Operating Account and shall be used as an "Operating Reserve Fund" for funding
required start-up costs, operation and administrative expenses of the system
for the first full year following the sale of the Bonds to the extent that
system operating revenues are insufficient for such purposes. Bond proceeds
,
1 FAA 4.
M "- 1977
remaining in the Operating Reserve Fund which are unused at the end of the
first full year shall be deposited into the Reserve Account in the Sinking Fund
until the Reserve Account is equal to the maximum future annual debt service
on the Bonds. Any unused Bond proceeds remaining in the Operating Reserve Fund
after the Reserve Account in the Sinking Fund is fully funded shall be deposited
into the Renewal and Replacement Fund.
E. Remaining proceeds after making all of the payments provided for above
shall be placed into the Construction Fund and used for the payment of legal
and administrative costs, cost of issuing the bonds and for any remaining
unpaid costs of construction and acquisition of the project.
F. Any bond proceeds remaining in the Construction Fund after all of the
above requirements have been met shall be deposited into the Sinking Fund and
used for the payment of principal and interest on the Bonds.
BERT GREEN, COMMUNICATIONS CONSULTANT FOR SOUTHERN BELL, CAME
BEFORE THE BOARD AND ASKED FOR THEIR CONCURRENCE TO STUDY ALL OF THE
TELEPHONE SYSTEMS UNDER THEIR JURISDICTION AND OFFER A PROPOSAL FOR A
COMPREHENSIVE SYSTEM OR WHATEVER IS REQUIRED AFTER THE STUDY IS COMPLETE-.
CHAIRMAN WODTKE STATED THAT HE DID NOT HAVE ANY OBJECTION TO A'
STUDY BEING DONE BUT NOTED THAT THE DEPARTMENTS UNDER THE COUNTY COM-
MISION ARE PROBABLY A MINORITY OF THOSE IN THE COURTHOUSE COMPLEX. HE
ASKED IF THE STUDY IS TO BE OF ALL THE GOVERNMENTAL AGENCIES.
MR. GREEN STATED THAT HE WOULD LIKE TO INCLUDE THE OTHER CON-
STITUTIONAL OFFICERS BECAUSE IT IS MUCH MORE CONVENIENT FOR THE DEPARTMENTS
TO COMMUNICATE WITH ONE ANOTHER IF THEY CAN DO IT EFFICIENTLY AND DI-
RECTLY. HE POINTED OUT ALSO THAT OUTSIDE PEOPLE DO NOT UNDERSTAND THE
COMPLEXITIES OF THE COUNTY GOVERNMENT, AND POSSIBLY CALLS COULD COME IN
THROUGH A CENTRAL SWITCHBOARD AND THEN BE REFERRED ON WITHOUT THE NECESSITY
OF MAKING SEPARATE CALLS.
CHAIRMAN WODTKE STATED THAT THE BOARD HAS NO OBJECTION TO
SOUTHERN BELL DOING A SURVEY AND REQUESTING ALL GOVERNMENTAL AGENCIES TO
COOPERATE.
COMMISSIONER Loy STATED THAT SHE WOULD LIKE SUCH A STUDY TO BE
DONE, PARTICULARLY IF IT COULD BENEFIT THE TAXPAYER. SHE FELT THE BOARD
SHOULD COMMUNICATE DIRECTLY WITH THE OTHER GOVERNMENTAL AGENCIES AND INDI-
CATE THAT WE WOULD LIKE THEM TO COOPERATE IN SUCH A STUDY.
CHAIRMAN WODTKE INSTRUCTED ADMINISTRATOR JENNINGS TO CONTACT
THE OTHER.GOVERNMENTAL AGENCIES IN THIS REGARD,
THE ADMINISTRATOR NOTED THAT HE WOULD LIKE TO HAVE MR. GREEN
PAY PARTICULAR ATTENTION TO THE ROAD & BRIDGE, PLANNING AND ZONING DEPART-
MENTS, EVEN IF NOTHING ELSE DEVELOPED.
CHAIRMAN WODTKE SAID HE ASSUMED THERE IS NO COST INVOLVED
IN SUCH A STUDY, AND MR. GREEN STATED THAT THERE IS NO COST TO THE COUNTY.
INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT
HE HAS EVALUATED THE BIDS RECEIVED ON COUNTY PROPERTY AT THE SEPTEMBER
7TH MEETING, AND PRESENTED THE BOARD WITH A LIST OF THE HIGH BIDS RECEIVED
ON VARIOUS PItM- OF THE COUNTY PROPERTY ADVERTISED FOR SALE. 'HE REVIEWED
THIS LIST WITH THE BOARD AND NOTED THAT THERE ARE QUITE A FEW PIECES OF PROPERTY ON
WHICH NO BIDS WERE RECEIVED AND SOME ON WHICH THE BIDS RECEIVED WERE SO LOW
CIA
PAGE
m
THAT HE DID NOT FEEL THEY WERE WORTH BRINGING TO THE BOARD FOR CONSIDERA-
TION. COORDINATOR THOMAS SUGGESTED THAT INASMUCH AS NO POLICY WAS SET
OUT IN THE ADVERTISEMENT, HE WOULD LIKE TO READVERTISE THE REMAINING PRO-
PERTY STATING THAT NO BIDS BELOW A CERTAIN PERCENTAGE OF THE ASSESSED
OR APPRAISED VALUE WILL BE ACCEPTED. IN REVIEWING THE LIST, IT WAS NOTED
THAT THERE IS SOMETIMES QUITE A DISCREPANCY BETWEEN ASSESSED VALUE AND
APPRAISED VALUE.
COMMISSIONER LOY FELT THAT WE HAVE IN THE PAST PRETTY WELL
ADHERED TO NOT ACCEPTING ANY BIDS OF LESS THAN 50% OF ASSESSED VALUE
AND SUGGESTED THAT WE CONTINUE THIS POLICY.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LOY THE BOARD UNANIMOUSLY ACCEPTED THE BIDS ON COUNTY PROPERTY AS OUTLINED
IN MEMO.OF INTERGOVERNMENTAL COORDINATOR THOMAS DATED SEPTEMBER 19, 1977,
WITH THE EXCEPTION OF THE BID ON LOT 16, LOT 97, FELLSMERE, BY .JOHN
HENSLER, AND THE BID ON LOT 25, BLOCK 4, SEBASTIAN GROVE ESTATES BY
AUDREY $CHOMP; AND AUTHORIZED READVERTISING THE PROPERTY NOT SOLD
STATING -THAT THE BOARD WILL NOT ENTERTAIN ANY BIDS OF LESS THAN 50% OF
THE ASSESSED VALUE AND RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS.
SEP 2 1977
1
E
BOARD OF COUNTY COMMISSIONERS
WILLIAM C. WODTKE, JR., Chairman
f
ALMALEE LOY, Vice Chairman
.
,,.,��' ►C
WILLARD W. SIEBERT, JR.
EDWIN S. SCHMUCKER
Fjn���Qy
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R. DON DEESON
,
JACK G. JENNINGS, Administrator
2145 14th Avenue
Vero Beach, Florida 32960
MEMORANDUM:
TO: Board of County
Commissioners
FROM: L.S. "Tommy" Thomas
-RE: Recommendations
for sale of County property
DATE: September 19,.1977
PARCEL NUMBER:
NAME.....
AMOUNT APPRAISE_
:........... .. .........
BID VALUE
4 Lots 22 and 23, Block 2,
Hall Carter & James S/D
Fellsmere,Florida
Marjorie Packard
$400.00 $1,000.00
Lot 39, Block 65,
Fellsmere, Florida
Robert C. Lane
150.00 200.00
Lots 5 and 6, Block 77
Fellsmere, Florida
Max Walther
300.00 400.0
Lot 16, Block .9'1,
Fellsmere, Florida
John R. Hensler h6"`
300.00 500.0
Lot 11, Block 121
{
Fellsmere, Florida
J.G. Schneider
500.00 500.00
• Lots 11 and 12, Block I
Sebastian Grove Estates
P.M. Albrecht
1,290.00 2,000.00
Lots 13 and 14, Black I
Sebastian Grove Estates
P.M. Albrecht
1,290.00 2,000.00
Lot 6, Block 3, Sebastian
Grove Estates
Audrey M. Schomp
752.00 2,500.OG
i
31 PAIir
Continued
Recommendations for sale of County property September 19, 1977
PARCEL NUMBER: NAME -AMOUNT APPRAISED
. .. ............. BID VALUE
LSTT:ef
25, Block 4
stian Grove Estate
Fa
Audrey M. Schomp h,a
$1,002.00
$4,500.00
Beg. 721E of N.W. cor. of
S.E. kof N.W.k running E.
100',S.150', W. 100` N. 150'
to p.o.b., located on -
Broxton Road, Wabasso
P,M, Albrecht
580.00
1,000.00
Beg. 25'E. of N.W. cor. of S.E.4
of N.W. k run. E. 47', 5.150'
W. 47"N. 150' to p.o.b.
located on Broxton Road,
Wabasso
P.M. Albrecht
275.00
400.00
Beg. 528' S.of N.E. cor.
of N.W.k of S.W. k run. W.
165' S. 372' E. 165' N.372'
to p.o.b. less E.25' for
road right-of-way located on
Broxton Road, Wabasso
Charles H. Knowles
3,500.00
4,800.00
N.50' of 5.175' of E.120.2'
of following: From S. W. cor.
of S.E. k of N.E.k run. easterly
655.45' thence N.25' to N. r.o.w.
of Jackson Road from p.o.b.
thence.cont. N.300' thence E.
290.4 thence S.300' thence W.
290.4' to p.o.b. located near
49th St. in Gifford.
(Landlocked)
American Systems Inc.
301.00
500.00
Harry Raymond
. Lot 1, Block Q, Unit 2
. Vero Tropical Gardens
Vaughn Hukill
600.00
800.0
�
Lot 4, Block Q, Unit 2
j
Vero Tropical Gardens
Vaughn Hukill
600.00
800.0(
Lot 12, Block 13, Grovernor
Estates, No. 1
George Cavalier
20200.00
2,200.0o
LSTT:ef
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THE FOLLOWING
LETTER HAS BEEN RECEIVED FROM FRANK BURDICK IN REGARD TO LEASING A
TEN ACRE TRACT OF COUNTY PROPERTY.
Route 1, Box 281
Vero Beach, Florida
Soptember 13, 1977 �s�161718�y�,v�
a S�GGJ���"���\ ti
INV,
Indian River County Commissioners
County louxt iousa 1
Vero a6ach, Florida
Attention: Commissioners
I ars interested in leasing a county owned ten acrd tract of
land west of 43rd Avenue on Rebel Road, for a period of one y0ar.
The legal description of said prouarty bsin' Indian Riv^rTarns
Co. Sub., PBS 2 251W 10 :1 of E 20154 A of TR 8. Parcel # 21 33 '-
3901 00,030 002.0.
I plan to use the above described property for ve rta?ble `•.'ar. m!nv
and Will r3tarn t e land to .)riginai condition after final h3x9esting.
I an pro-]arw1 to nay 3250.00 nor year for the ten acres of land.
I also will insure the property and assume all liabilities.
I would appreciate your c�nnsia,3ration in this matter.
Yours trio y, s
lalaxe
16
Prank R. B r3icr:
MR. BURDICK APPEARED AND STATED THAT HE WILL BE RESPONSIBLE
FOR INSURANCE AND ALL LIABILITIES, ETC.
ATTORNEY COLLINS INFORMED THE BOARD THAT THERE WILL HAVE TO BE
AN ADVERTISEMENT IN REGARD TO LEASING THIS PROPERTY.
COMMISSIONER LOY ASKED WHETHER WE HAVE EVER LEASED LAND TO A
• PRIVATE OWNER FOR ANY PURPOSE, AND ADMINISTRATOR JENNINGS STATED THAT
HE DID NOT RECALL THAT WE HAD.
THE ADMINISTRATOR NOTED THAT THIS PARTICULAR TRACT IS AN OLD
I
STUMP DUMP AND SERVES NO USABLE PURPOSE TO THE COUNTY AT THIS TIME. HE
STATED THAT THIS LAND HAS BEEN GRADED AND FILLED.
f
37
BOOK 31 FA 120
SEP 21197?
r
r --
COMMISSIONER L.OY ASKED MR. BURDICK IF HE WOULD BE INVOLVED
WITH ANY SPRAYING OF THIS PROPERTY, AND MR, BURDICK SAID HE WOULD HAVE
TO DO SOME SPRAYING, NOT AERIAL SPRAYING, AND HE HAS TALKED WITH ADJACENT
OWNERS WHO HAVE NO OBJECTIONS.
DISCUSSION CONTINUED IN REGARD TO THE CONDITION OF THE LAND,
WHICH IS VERY ROUGH AND FULL OF HOLES, AND COMMISSIONER SIEBERT POINTED
OUT THAT IF WE HAVE TO ADVERTISE THIS FOR TWO WEEKS, IT WILL AFFECT MR.
BURDICK IS PLANTING SCHEDULE, AS IT MIGHT BE TOO CLOSE TO WINTER.
COMMISSIONER LAY STATED THAT SHE IS CONCERNED ABOUT SETTING
A PRECEDENT AND FEELS WE MUST ADVERTISE AS LEGALLY REQUIRED, ESPECIALLY
AS THERE HAVE BEEN OTHER REQUESTS IN REGARD TO THIS PROPERTY.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE THE PROPERTY
DESCRIBED IN MR, BURDICK'S LETTER FOR LEASE.
COMMISSIONER Loy SUGGESTED TO MR. BURDICK THAT HE CONTACT THE
ATTORNEY IF HE WISHES TO PROCEED IN REGARD TO LEASING THIS PROPERTY, AND
IF HE DECIDES HE DOES NOT WISH TO, WE WON IT ADVERTISE.
COMMISSIONER SIEBERT SUGGESTED THAT THE AD SHOULD REQUIRE THAT
THE BIDDER STATE FOR WHAT USE THE PROPERTY IS TO BE LEASED.
COMMISSIONER SCHMUCKER INTRODUCED .JIM ODOM OF ODOM AVIATION,
INC., WHO IS REQUESTING A CERTIFICATE OF NEED FOR AIR AMBULANCE SERVICE.
MR. ODOM INFORMED. THE BOARD THAT THE VERO HOSPITAL AT THE.PRES-
ENT TIME IS USING A MIAMI -BASED AIRPLANE FOR AN AIR AMBULANCE, AND THEY
HAVE RECOMMENDED THAT WE HAVE SUCH A SERVICE IN THIS AREA, HE STATED THAT
THE HOSPITAL IN SEBASTIAN WILL BE SENDING A LETTER ALSO RECOMMENDING THIS,
AND THEY WILL BE USING THIS SERVICE AS WELL AS THE NURSING HOMES.
MR. ODOM STATED THAT THE CLOSEST AIR AMBULANCE SERVICE TO THE SOUTH IS
FORT LAUDERDALE AND TO THE NORTH DAYTONA BEACH. HE CONTINUED THAT HE
WISHES TO GO INTO AMBULANCE TRANSPORTATION AND LATER GET INTO THE INTENSIVE
CARE PART. MR. ODOM STATED THAT THEY ARE LICENSED WITH F.A.A. FOR AIR
AMBULANCE SERVICE AND HAVE THE EQUIPMENT REQUIRED FOR THIS, PLUS A QUALI-
FIED PILOT AND RN's ON STANDBY.
MR. ODOM INFORMED THE BOARD THAT AT THE PRESENT TIME PIPER
AIRCRAFT IS TRANSPORTING BABIES, BUT A MEMBER OF THE FAMILY MUST�BE WORKING
FOR PIPER. HE NOTED THAT HE ALREADY HAS AT LEAST $5,000 WORTH OF EQUIP -
ROOK
31 PAGE 121
Q
MENT FOR HIS PLANE. MR. ODOM COMMENTED THAT THE STATE REGULATIONS ARE
VERY STIFF, AND HE WILL HAVE TO CONVERT TO THESE BEFORE THE STATE WILL
LICENSE THEM. ALSO, BEFORE HE CAN GO TO THE STATE, HE MUST HAVE A CERTIFI-
CATE OF.NEED FROM THE BOARD. HE STATED THAT HE PLANS TO SERVICE ST. LUCIE,
BREVARD AND INDIAN RIVER COUNTIES, AND NOTED THAT HE HAS HAD TWO CALLS
FROM OUT-OF-STATE NURSING HOMES TODAY.
CHAIRMAN WODTKE INFORMED THE BOARD THAT HE HAS RECEIVED A LETTER
ENDORSING AN AIR AMBULANCE SERVICE FROM THE INDIAN RIVER COUNTY VOLUNTEER
AMBULANCE SQUAD AS FOLLOWS:
ffhAan =Rbmet &Unfy ` -Z ':;'qM9u&az <S-quadl
P. o. »„
VG'LO 23caj,�pzcdR 3296o
a,
September 6, 1977
Mr. William Wodke, Chairman
Indian River County Board of
County Commissioners
County Courthouse
Vero Beach, Florida 32960
Dear Mr. Wodke:
Inasmuch as there is no certificated air ambulance service in Vero
Beach or nearby communities, it would appear to be in the interest
of the citizens of this community to have such service available.
Such service could be used for rapid evacuation of critically ill
patients to hospitals where medical care is available which cannot
be provided locally.
It has always been the policy of the Indian River County Volunteer
Ambulance Squad to co-operate fully with other ambulance services
and we would be pleased to work with a certificated ambulance ser-
vice in Vero Beach.
Cordially
WILLIAM A. BENN&TT, JR.
Colonel USAF (flet.)
President Board of Directors
-39
SEP' 11977
BOOK OIL
COMMISSIONER LOY EXPRESSED CONCERN ABOUT THE RATES AS SHE FELT
THE INVESTMENT WOULD BE VERY HIGH IN RELATION TO THE NUMBER OF PATIENTS
TO BE .HANDLED AND QUESTIONED THE AFFECT THIS WILL HAVE ON VOLUNTEER EFFORTS.
MR. ODOM STATED THAT VOLUNTEERS CAN STILL DO THIS, BUT YOU WILL
ALSO HAVE A LICENSED SERVICE IN THE AREA.
COMMISSIONER LOY POINTED OUT THAT THE BOARD GAVE A CERTIFICATE
OF NEED TO AN AMBULANCE SERVICE, AND NO ONE ELSE CAN DO IT NOW,
DISCUSSION CONTINUED ON THE AFFECT ISSUING A CERTIFICATE OF NEED
WOULD HAVE ON VOLUNTEERS.
MR. ODOM NOTED THAT YOU WONT HAVE VOLUNTEER AIR AMBULANCES BE-
CAUSE IT IS TOO EXPENSIVE.
COMMISSIONER LOY ASKED HOW LONG IT WILL TAKE MR. ODOM TO FIND
OUT IF HE CAN MEET THE STATE REQUIREMENTS.
MR. ODOM STATED THAT IT WOULD PROBABLY BE A MATTER OF 30 DAYS
THAT HE JUST MUST HAVE THE NECESSARY EQUIPMENT AND CALL FOR A STATE IN-
SPECTION.
COMMISSIONER LOY POINTED OUT THAT YOU CAN ONLY ISSUE ONE CERTIFI-
CATE OF NEED IN AN AREA THIS SIZE. SHE CONTINUED THAT THIS IS A VALUABLE
SERVICE, AND SHE WOULDN�T WANT TO TIE IT DOWN TO ONE CERTIFICATE, OR HAVE
IT AFFECT OUR VOLUNTEERS` SERVICES, UNTIL MR. ODOM DETERMINES FOR SURE
WHETHER HE WANTS TO GET INTO THE BUSINESS OR NOT.
MR. ODOM NOTED THAT THEY PROVIDE AIR TAXI SERVICE NOW, AND THIS
WILL BE AN EXTRA SERVICE. HE STATED HE DID NOT FEEL THE STATE WILL LICENSE
SOMEONE WHO IS NOT GOING TO PROVIDE THE SERVICE.
THE QUESTION OF RATES AROSE, AND MR. ODOM STATED THAT THE RATES
DEPEND ON THE AIRCRAFT THEY USE. -HE INFORMED THE BOARD THERE ARE NO STATE
REULATIONS ON RATES BECAUSE THEY ARE A NON-SCHEDULED CARRIER.
ATTORNEY COLLINS FELT THAT THERE ARE PROBABLY ADDITIONAL FACTS
THE BOARD SHOULD BE AWARE OF BEFORE REACHING A DECISION ON ISSUING A
CERTIFICATE OF NEED.
CHAIRMAN WODTKE REITERATED THAT PIPER AIRCRAFT HAS BEEN VERY
COOPERATIVE IN EMERGENCIES, AND MR. ODOM SAID THEY WOULD AGREE TO EXCLUDE
TRANSPORTING OF BABIES FROM THEIR LICENSE AS PIPER PROVIDES. THIS SERVICE..
40
SES 2 11977
ATTORNEY COLLINS DISCUSSED THE ADVANTAGE OF A CERTIFICATE OF
NEED TO ODOM AVIATION, INC., AND SAID HE FELT THAT THE ADVANTAGES ARE THAT
IT LIMITS THE SERVICE TO ONE CARRIER AND ALSO ALLOWS THE HOSPITAL IN CASES
OF INCOMPETENCY OR NO NEXT OF KIN TO CALL ON A LICENSED CARRIER.
COMMISSIONER SIEBERT POINTED OUT THAT ONE ADVANTAGE IS THAT IT
WILL PROVIDE THE AREA WITH A PROPERLY EQUIPPED PLANE.
COMMISSIONER SCHMUCKER FELT THAT THE BOARD WOULD LIKE TO POSTPONE
THIS MATTER_UNTIL THEY CAN CHECK FURTHER WITH THE STATE AND WITH PIPER
AIRCRAFT, AND THE BOARD AGREED TO DELAY FURTHER ACTION UNTIL MORE INVESTI-
GATION CAN BE DONE.
THE BOARD NEXT DISCUSSED LETTER RECEIVED FROM C & J AMBULANCE
SERVICE REQUESTING APPROVAL OF THEIR INCREASED RATES AND RENEWAL OF THEIR
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY.
COMMISSIONER Loy COMMENTED THAT SHE HAD HEARD THAT THE RATES
WERE QUITE HIGH AND SUGGESTED A FURTHER INVESTIGATION BE MADE, BUT IT WAS
NOTED THAT THE BOARD DOES NOT ACTUALLY HAVE ANY JURISDICTION OVER THESE
RATES.
COMMISSIONER SIEBERT POINTED OUT THAT IF THEY DONT HAVE A CER-
TIFICATE OF NEED, THIS SERVICE WILL NOT BE PROVIDED AT ALL AND ALSO NOTED
THAT IT IS A NON-EXCLUSIVE CERTIFICATE SO IF IT IS NOT SATISFACTORY, SOME-
ONE ELSE COULD START THE SAME SERVICE.
MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LOY, TO ISSUE A NON-EXCLUSIVE 'CERTIFICATE OF PUBLIC CONVENIENCE AND NECES-
SITY FOR ONE YEAR TO C & .J AMBULANCE SERVICE, INC.
COMMISSIONER SCHMUCKER FELT RATES SHOULD AT LEAST BE MENTIONED,
AND CHAIRMAN WODTKE SAID HE HAD NO PROBLEM WITH PUTTING IN THE MINUTES
THAT THIS APPROVAL WAS GIVEN BASED UPON THE RATES SUBMITTED IN THEIR
LETTER OF AUGUST 24, 1977, AS FOLLOWS;
Martin County St. Lucie County
283-5544 465-0410
C & J AMBULANCE SERVICE, INC.
P. O. Box 2213
STUART, FLORIDA 33494
Indian River County
.567-5512
August 24, 1977
Board of County Commissioners
Indian River County
P.O. Box 1028
Vero Beach, Florida 32960
Dear Sirss
During the past year we have experienced drastic price increases, especially in
the area of transportation, such as gasoline, oil products, parts, labor and insurance.
The minimum hourly rate for employees krill go up in the near future thus escalating the
entire hourly pay structure for all our specially trained Emergency Medical Technicians
and Paramedics.
C & J Ambulance Service is experiencing these rate and price increases. After an
extensive review of our operating costs for the past two years and in order to
continue our present 24 hour service it will be necessary to increase our rates
beginning September 1, 1977 as followss
Within City of Vero Beach $35.00
County of Indian River 4o.Q0
Sebastian • 45.00
These price increses will also apply to St. Lucie and Martin Counties in which we
have a Certificate of Public Convenience and Necessity.
I sinceraly 'none that the Commission will understand our position ir: t'Li s :I&tt.E':
and will favor us trith their approval.
)`Noseincerol�y,
�\\' • file ,w
/Joanne W. Correll
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY,
THE CERTIFICATE OF NEED IS HEREBY MADE A PART OF THE MINUTES.
42
1197
0
NON -EMERGENCY AMBULANCE SERVICE
I
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
WHEREAS, the C & J Ambulance Transfer Service provides quality
non -emergency ambulance service to the citizens of Indian River
County; and
WHEREAS, there has been demonstrated that there is a need for
this ambulance service to operate in the County.and provide
essential services to the citizens of this County ona non-
exclusive basis; and
WHEREAS, the above ambulance service has indicated that it will
comply with all the requirements of the Emergency Medical Services
Act.of 1973, as amended, the Board of County Commissioners of
Indian River County hereby issues a CERTIFICATE OF PUBLIC CON-
VENIENCE AND NECESSITY to this ambulance company from September
21, 1977 through September 21, 197.8.
In issuing this Certificate it is understood that the above named
ambulance service will meet the requirements of State Legislation
and provide non -emergency ambulance service for Indian River
County.
BOARD OF COUNTY COMMISSIONERS
INDIAN RIVER COUNTY, FLORIDA
By !/��' G�
W3, am
Chairman
ATTEST:
L
re a Wrig- t, C r
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR COUNTY
PLANNER, VAL BRENNAN, TO ATTEND A MEETING ON NEW GUIDELINES FOR REGIONAL
IMPACT, SEPTEMBER 30, 1977, AT ORLANDO,
THE BOARD NEXT DISCUSSED REQUEST OF PROPERTY APPRAISER BILL LAW
TO HAVE A DOORWAY WITH A LOCKING DOOR INSTALLED ON THE SECOND FLOOR OF THE
COURTHOUSE ANNEX BETWEEN ROOMS 200 AND 204.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO HAVE THE
DOOR INSTALLED AS REQUESTED BY THE PROPERTY APPRAISER. ..
43
SEP 211977
BOOK 31 na 126
ADMINISTRATOR JENNINGS REPORTED THAT HE HAD REVIEWED WITH CAP-
TAIN DOYLE STROUD THE PAVING WHICH THE SHERIFF'S DEPARTMENT HAS REQUESTED
BE DONE AT THE COUNTY .JAIL. HE PRESENTED A NEW PLAN FOR THE BOARD TO
CONSIDER AND NOTED THAT THIS IS JUST FOR ASPHALT TO BE PUT ON THE EXISTING
BASE AND WOULD AMOUNT TO $2,300 FOR MATERIALS.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO PAVE LOT NO. 1
AND LOT N0. 3A AT THE COUNTY .JAIL SAS SHOWN ON THE SKETCH FILED IN THE
ADMINISTRATOR'S OFFICE) ON THE EXISTING BASE WITH ASPHALT.
DISCUSSION FOLLOWED ON REQUEST MADE BY GREG CLARK, URBAN FORESTER,'
THAT THE COUNTY CONSIDER HAVING AN ENVIRONMENTAL ADMINISTRATOR, WHO WOULD
BE HIRED JOINTLY BY THE CITY OF VERO BEACH AND THE COUNTY.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO RESPOND THAT
THE BOARD FEELS IT IS PREMATURE AT THIS TIME TO CONSIDER SUCH A POSITION.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAS RECEIVED
A LETTER FROM JAMES ROSS, PRESIDENT OF THE PTA OF DOUGLAS ELEMENTARY
SCHOOL, WHICH HE WOULD LIKE TO DISCUSS AS AN EMERGENCY ITEM.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY AGREED TO ADD THE EMERGENCY ITEM REQUESTED BY THE
ADMINISTRATOR TO TODAY'S AGENDA.
ADMINISTRATOR JENNINGS STATED THAT THE PROBLEM IS IN REGARD TO
A SAFETY HAZARD ON BROXTON ROAD CAUSED BY STUDENTS WAITING FOR BUSSES AND
WALKING TO SCHOOL. THIS ROAD IS VERY NARROW AND CONGESTED AND NEEDS A
DEFINED AREA FOR PEDESTRIAN TRAFFIC. HE CONTINUED THAT THE PTA IS REQUEST-
ING THAT WALKWAYS BE BUILT FROM WABASSO ROAD ON BROXTON TO THE SOUTHERN
PERIMETER OF THE DOUGLAS ELEMENTARY SCHOOL. THE ADMINISTRATOR NOTED THAT
SHERIFF .JOYCE HAD A DEPUTY CHECK OUT THIS LOCATION, AND HE AGREES THAT IT
IS VERY CONGESTED AND CREATES A BAD SITUATION.
ADMINISTRATOR JENNINGS PRESENTED A DRAWING OF THE AREA AND IN-
FORMED THE BOARD THAT A 6' WALKWAY COULD BE PAVED FROM WABASSO ROAD SOUTH
FOR ABOUT 230' AT A COST OF APPROXIMATELY $570 FOR THE CONCRETE.
- 44
o '127--
SEP
17.SEP 2 11 '
ON MOTION BY. COMMISSIONER DEESON, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO PROCEED WITH
CONSTRUCTING A WALKWAY ON BROXTON ROAD TO DOUGLAS ELEMENTARY SCHOOL AS
DESCRIBED ABOVE.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED OUT -OF -COUNTY TRAVEL FOR ADMINIS-
TRATOR JENNINGS TO MEET WITH THE DOT IN FORT LAUDERDALE ON OCTOBER 26, 1977,
COMMISSIONER DEESON REPORTED THAT HE HAD MET WITH THE NORTH INDI-
AN RIVER COUNTY IMPROVEMENT ASSOCIATION, AND THEY HAVE REQUESTED THAT THE
BOARD SET UP A MEETING AS PROMISED PRIOR TO OCTOBER 1ST.
AFTER SOME DISCUSSION, THE BOARD SET TUESDAY, SEPTEMBER 27TH
AT 7:00 P.M. AS THE DATE AND TIME FOR A WORKSHOP MEETING WITH THE NORTH
INDIAN RIVER COUNTY IMPROVEMENT ASSOCIATION.
COMMISSIONER SCHMUCKER REPORTED THAT THE COUNTY HAS PUT A BRIDGE
ACROSS JUST SOUTH OF 16TH STREET ON 20TH AVENUE AND IS GOING TO MAKE A
CONNECTION FROM THE NORTH END OF THE BICYCLE PATH TO THE PAVED END OF THE
PARKING LOT BY THE ELEMENTARY SCHOOL SO THAT STUDENTS WILL NOT HAVE TO
CROSS THE INTERSECTION IF THEY ARE GOING STRAIGHT NORTH,
CHAIRMAN WODTKE REQUESTED THAT THE ADMINISTRATOR CHECK IN REGARD
TO MOWING.GRASS THAT IS GROWING UP VERY HIGH ALONG THE ROAD EAST OF THE
ELEMENTARY SCHOOL, -
COMMISSIONER SIEBERT REPORTED THAT HE HAS INVESTIGATED, AND THE
OUTSIDE OF THE ROCKRIDGE COMMUNITY BUILDING IS IN NEED OF ANOTHER COAT OF
PAINT. THE ROCKRIDGE PROPERTY OWNERS ASSOCIATION IS REQUESTING AN AIR
CONDITIONER FOR THE BUILDING, AND HE STATED THAT HE INFORMED THEM THAT
THE NEXT TIME WE GET A SURPLUS AIR CONDITIONER, WE WILL LET THEM KNOW,
COMMISSIONER SIEBERT ALSO STATED THAT STATE'S ATTORNEY ROBERT
STONE WILL GET SOME LOWER PRICES FOR CHAIRS.
COMMISSIONER SIEBERT CONTINUED THAT HE HAS BEEN UNSUCCESSFUL IN
GETTING SPACE IN THE PRESS JOURNAL BUILDING FOR THE VOLUNTEER YOUTH GUID-
ANCE OFFICE AND SUGGESTED TRYING TO GET A SIX-MONTH EXTENSION FOR MRS. x
SAUERMAN TO REMAIN WHERE SHE IS PRESENTLY LOCATED.
THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AND RE-
CONVENED AS THE BOARD OF SUPERVISORS OF THE LAURELWOOD SUBDIVISION STREET
LIGHTING DISTRICT.
9
r
9
s
45
r 1 128
SEP 2 11977 a