Loading...
HomeMy WebLinkAbout10/19/1977 (3)THE BOARD OF COUNTY COMMISSSIONERS RECONVENED AT 3:42 0 CLOCK P.M. WITH THE SAME MEMBERS PRESENT. CHAIRMAN WODTKE ANNOUNCED THE ITEMS IS (A) AND 18 (I) ON TODAY'S AGENDA WILL BE TAKEN UP TOMORROW AT 1:00 O'CLOCK P.M. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS REVIEWED THE TRIPARTITE AGREEMENT WITH VERO MED, WHICH HAS BEEN SIGNED BY THE CITY OF VERO BEACH AND VERO MED, AND IT IS IN ORDER. -ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE TRIPARTITE AGREEMENT BETWEEN THE CITY OF VERO BEACH, VERO MED AND THE COUNTY AND AUTHOR- IZED THE CHAIRMAN'S SIGNATURE. I 73 OCT 19 1977 31 u -3:3 09 TRIPARTITE AGREEMENT VERO MED THIS TRIPARTITE AGREEMENT, entered into this 19th day of October , 1977, by and between the CITY OF VERO BEACH, FLORIDA, a municipal corporation of the State of Florida, hereinafter referred to as the "City"; INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "County"; and VERO MED, a partnership, hereinafter re- ferred to as "Vero Med". WITNESSETH: WHEREAS, the City and the County entered into an Agreement dated January 11, 1973, delineating the service areas for the pro- vision of water and sewer service by the City and delineating the service areas for the provision of water and sewer service by the County, within Indian River County, Florida, and WHEREAS, Vero Med is constructing a medical complex on property within the water and sewer service area of the County and is in need of water and sewer service, and WHEREAS, the County is not in a position at this time to supply water or sewer service to Vero Med, and WHEREAS, Vero Med and the County desire that the City service Vero Med with a limited amount of water and sewer service to the area described in Exhibit "A" attached hereto and made a part hereof, and ` WHEREAS, the City agrees to provide a limited amount of water and sewer service to said area, and WHEREAS, the City, County and Vero Med wish to enter into a Tripartite Agreement pursuant to the provisions of paragraph four (4) of the Agreement attached hereto as Exhibit "B", which is in- corporated herein and made a part hereof, including Annexes 1 and 11. NOW, THEREFORE, in consideration of the foregoing and the covenants contained herein, the parties hereto agree as follows: OCT 191977 BOOK 31�. •3I L 1. The County hereby authorizes the City to service the Vero Med property, described in the attached Exhibit "A",. with limited water and limited sewer service under the terms of the Agreement attached hereto as Exhibit "B", including Annexes 1 and 11. This Tripartite Agreement does not grant said area to the City as the City's permanent service area. 2. The City hereby agrees to provide said water and sewer service under the terms and conditions of applicable city ordinances including Sec. 33-25 of the Code of Vero Beach as they now exist or may be amended, to the Vero Med area shown on Exhibit "A" at out city retail rates as specified in the Code of the City as they now exist or may be amended, payable by Vero Med under the terms of said ordinances. 3. The City shall provide pressurized water -service up to and not to exceed 30,000 gallons per day capacity to Vero Med. Vero Med shall build facilities from the water facilities of Ral- mar Associates Incorporated to the said Vero Med site to furnish limited water service to Vero Med. The term of the City's service hereunder shall continue until the County is ready, willing and able to provide said water service and, in fact, provides said water service to Vero Med from either its separate plant, or when the County becomes a wholesale customer of the City pursuant to the agreement between the City and the County, dated January 11, 1973. The City shall maintain said facilities.during the time Vero Med remains a retail water customer of the City in the area shown in Exhibit "A" attached hereto. 4. The County agrees that if an Agreement between the County and Urban Development Utilities, Inc., dated February 18, 1976, or any extensions or modifications thereof are terminated, or if the County enjoins UDU from violations thereof, or restricts the flow of water to UDU under said Agreement or otherwise, the County shall .do so without effecting the flow of water to Vero Med. S. The City shall provide sewer service to Vero Med up to and not to exceed 30,000 gallons per day until such time as the -2- �� 191977 c TM 1 f J M I County is ready, willing and able to assume allof said sewer service to Vero Med, and in fact, does assume all of said sewer service to Vero Med. The County can elect to provide sewer service without ever electing to provide water service, and vice versa. The County can elect to provide water and sewer service at the same time, or can elect to provide water service and can later elect to provide sewer service, and vice versa. 6. The water and sewer service to be provided by the City to Vero Med shall be part of the capacity allocated to the County as provided and set forth in paragraph 5 of Annex 1 of the Agreement whereby the County's water allocation of 1,300,000 gallons per day is hereby.charged with 30,000 gallons per day against water and 30,000 gallons per day against allocated sewer capacity of 1,390,000 gallons per day. It is expressly understood that any capacity over and above 30,000 gallons per day for water and 30,000 gallons for waste water (sewer) capacity which could be needed in the future by Vero Med in the area specified in Exhibit "A" is not promised by the City or allowed by the County in this Agreement and if Vero Med desires water and sewer capacity .above the amounts as provided herein said additional capacity, if any, shall not be allowable by the County or available from the City except from the balance of the then existing County water and/or sewer allocation, and it is expressly understood that there may be insufficient capacity or no capacity then available to the County under said allocations. 7. Expenses, if any, necessitated by the assumption of Vero Med as a water and/or sewer customer of the County shall in no instance be the responsibility of the City. 8. Installation of the facilities necessary or convenient to allow Vero Med to utilize said water and sewer service shall be paid for in advance by Vero Med, shall be and subject to all appli- cable laws, ordinances and regulations. The sewer facilities shall be subject to approval by the City and the water facilities shall be subject to approval by the County. The sewer.facilities to be built by Vero Med shall be conveyed by Vero Med to the City at no expense to the City and shall be free of all liens, charges and encumbrances prior to the commencement of water and/or sewer service, at which time the City shall assume maintenance responsibilities to those -3- 0 CT 191977 Bo . . 0 M facilities conveyed to it. 9. Upon final acceptance of the sewer system by the City, Vero Med shall pay the City $11,540.00 as a development fee for the said 30,000 gallon capacity which shall be placed in a capital account to be utilized by the City as it sees fit provided said funds are utilized for improving, extending or increasing the City's sewer facilities. The cost of maintaining the said 30,000 gallon sewer capacity at the Vero Med site.as shown on Exhibit "A"will be borne by the City from said capital account or otherwise. 10. Vero Med shall acquire at its expense all easements and rights-of-way necessary or convenient for the installation of the subject water and sewer facilities and for the City's maintenance of said water and sewer facilities. The City and the County shall fully cooperate with each other and•with Vero Med in respect thereto. 11. The rights, duties and obligations of each party here- under shall be binding on its successors or assigns. IN WITNESS WHEREOF, the duly authorized officials of the City, County, and Vero Med have executed this Tripartite Agreement in triplicate, any copy of which three may be deemed an original, the date and year first above written. CITY OF® 0 BEACH (Seal) Approved as to form' Zll�t9_24 omas C. PaMer City Attorney By: ATTEST : ' By: ity e (Signatures continued on next page) -4- BOOK 01 %;'f 1.336 OCT 19 1977- (Seal) Approved as to form: 0r11Jns,Jr. County Attorney Approved as to orm: rJ r pj Byron . Coo sey ICS Attorney for Vero Med INDIAN RIVER COUNTY By 9r ` Xo-eOW., J Jam . o t e, r. Chairman, Board of County Commissioners ATTEST: By: - /h 4 Freda Wright, C;erk VERO a Partnershi J B �Ames Ghc ,�/ By: D na 04, 7 a ohn Tenn , g�er inan ec er AZ1 Trustees ok'Vero Med ATTEST: As to all signatures n By - /'v ✓'✓ eretary -5- OCT 191977I 600!( c,, Pxa- 337. EXHIBIT "A" TO TRIPARTITE AGREEMENT - VERO MED Legal Description of "Vero Med" Service Area: The Northwest 1/4 of the Northeast 1/4 of Section 36, Township 32 South; Range 39 East, Indian River County, Florida. OCT 191977 BOOK 1 w. 3, ATTORNEY COLLINS DISCUSSED WITH THE BOARD THE ORDINANCE PASSED BY THE VERO BEACH CITY COUNCIL IN REGARD TO AIRPORT HEIGHT HAZARD ZONES, AND NOTED THAT THEY WISH THE COUNTY TO PASS A SIMILAR ORDINANCE. _HE STATED THAT HE DOES NOT FEEL THAT THE COUNTY NEED ADOPT AN ORDINANCE THIS COMPREHENSIVE. THE ATTORNEY ASKED THE BOARD FOR DIRECTION AND SUGGESTED THAT THE BOARD TAKE INTO CONSIDER- ATION THE OTHER SMALL AIRFIELDS IN THE COUNTY AS WELL AS THE MAJOR AIRPORT, AFTER SOME DISCUSSION THE BOARD AGREED THAT THE ATTORNEY SHOULD DRAFT A SIMILAR BUT LESS RESTRICTIVE ORDINANCE THAT WOULD APPLY TO ALL AIRPORTS IN THE COUNTY. ATTORNEY COLLINS NEXT REVIEWED WITH THE BOARD A LETTER FROM ELTON SCHWARZ,.PUBLIC DEFENDER, IN REGARD TO SUGGESTED METHODS OF COLLECTION OF FEES FOR THE PUBLIC DEFENDER. ATTORNEY COLLINS EXPLAINED TO THE BOARD THAT IN THOSE CASES WHERE THE PUBLIC DEFENDER REPRESENTS AN INDIGENT CLIENT, THE .JUDGE WILL ENTER AN ORDER AS TO THE COSTS OF THE PUBLIC DEFENDERS SERVICES IN REPRESENTING THE IN- DIGENT CLIENT. THIS ORDER IS THEN REDUCED TO A .JUDGMENT AND THE COUNTY HAS THE OBLIGATION OF TRYING TO COLLECT THE FUNDS. ATTORNEY COLLINS NOTED THAT THE CHANCES OF COLLECTING THE FUNDS ARE SOMEWHAT LIMITED, BUT STATED HE DOES FEEL IT IS A GOOD IDEA AND ASKED THE BOARD APPROVE THE CONCEPT AND AUTHORIZE HIM TO TAKE WHATEVER STEPS ARE NECESSARY TO IMPLEMENT SUCH A PROGRAM IN CASES WHERE IT SEEMS 6 REASONABLE TO TRY TO COLLECT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER Loy, THE BOARD APPROVED THE CONCEPT OF COLLECTION OF FEES FOR THE PUBLIC DEFENDER AS EXPLAINED BY ATTORNEY COLLINS AND AUTHOR- IZED THE ATTORNEY TO TAKE THE NECESSARY STEPS TO IMPLEMENT A PROGRAM AS REQUESTED ABOVE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 77-102 IN REGARD TO THE LEVY OF TAXES IN INDIAN RIVER COUNTY FOR 1977. I a filf OCT 19 1977 fix Puf 1. 4 RESOLUTION 77- 102 WHEREAS, all acts having been performed and all proceedings had as required by law preliminary to the levy of taxes in Indian River County, Florida, for the year 1977; and WHEREAS, the respective Boards and taxing districts being authorized to fix and levy .taxes upon property situated within Indian River County, Florida, as provided, by law, fixed such tax levies and have certified the same to the Board of County Commissioners and this Board having accepted the same and having found them to be proper; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. Estimates having been made by the Board of Commissioners of the INDIAN RIVER COUNTY MOSQUITO CONTROL DISTRICT, and a certified copy of the Resolution filed with this Board, as required by law, and as estimated by the Board of Commissioners, it is determined and hereby declared that a tax rate of twenty-seven hundredths (.27) mill upon the dollar to be levied, and is hereby fixed and assessed for the year 1977-78, on all property taxable for such purpose as provided by law in the County of Indian River, lying and being within the boundaries of said Indian River Mosquito Control District, described in Chapter 61-2278, Laws of Florida, Regular Session 1961. 2. Estimates having been made by the Board of Commissioners of SEBASTIAN INLET DISTRICT and a certified copy of the Resolution • filed with this Board as required by law and as estimated by said Board of Commissioners, it is determined and hereby declared that a tax rate of three hundred thousandths (0.300) mill upon the dollar be levied and is hereby fixed•and assessed for the year 1977 on all of the property in the County of Indian River lying and being in the boundaries of said Sebastian Inlet District, which boundaries are as follows, to -wit: All that part of Indian River County which comprised and made up the First Commissioner's District of St. .Lucie County, Florida, as the same was located and established on OCT 19 1977. Boa- 3t fra-3 0j r ;m a May 23,1919; and all such area or territory as may exist by reason of the changes of the boundaries of Brevard and Indian River Counties, Florida, as approved at the Special General Election held on November 23, 1959, in accordance with the provisions of Chapter 59-486, Laws of Florida of 1959, which said levy shall be used as a maintenance fund for the purposes authorized and prescribed in the Act creating said District; namely Section 15, Chapter 7976, Laws of Florida, as amended by Chapter 12259., of the Laws of Florida. 3. Estimates having been made by the Board of Commissioners of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, and a certified copy of the Resolution filed with this Board, as required by law and as estimated by said Board of Commissioners, it is determined and hereby declared that a tax rate of eighty-seven hundredths (.087) mill upon the dollar be levied and is hereby fixed and imposed and assessed for the year 1977, on all of the property in the County of Indian River lying and being within the boundaries of the St. Johns River Water Management District, the boundaries of said District being described as including all of the County of Indian River. 4. Estimates having been made by the Board of Commissioners of the ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, and a certified copy of the Resolution filed with this Board,as required by law and as estimated by said Board of Commissioners, it is determined and hereby declared that a tax rate of fifty-one hundredths (.051) mill upon the dollar be levied and is hereby fixed and imposed and assessed for the year 1977, on all of the property in the County of Indian River lying and being within the boundaries. of Greater St. Johns River Basin, the boundaries of said District being described as including all of the County of Indian River. S. Estimates having been made by the Board of Trustees of THE INDIAN RIVER COUNTY HOSPITAL DISTRICT, and a certified copy of'the Resolution thereof filed with this Board as required by law, it is determined and hereby declared that a tax rate of one and four hundred -ninety-two thousandths (1.492) mills upon the dollar be levied and is hereby fixed and assessed for the -2- 'i bf Lam' .year 1977 on all of the property in said District, the same being as set forth in Chapter 61-2275, Acts of the 1961 Florida Legis- lature, for such purposes as provided by law. 6. Estimates having been made by the Board of Trustees of the INDIAN RIVER COUNTY HOSPITAL DISTRICT, and a certified copy of the Resolution thereof filed with this Board as required by law, it is determined and hereby declared that a tax rate of six thousand eighty five one hundred thousandths (.06085) mill upon the dollar be levied and is hereby fAxed and assessed for the year 1977 on all the property in Indian River County for the purpose of paying interest upon and providing a Sinking Fund for bonds of said District dated August 1, 1959. 7. Estimates having been made by the Board of Trustees of the INDIAN RIVER COUNTY HOSPITAL DISTRICT, and a certified copy of the Resolution thereof filed with this Board as required by law, it is determined and hereby declared that a tax rate of ninety nine thousand seven hundred fifty five one hundred thousandths (.99755) mill upon the dollar be levied and is hereby fixed and assessed for the year 1977 on all the property of Indian River County for the purpose of paying interest upon and providing a Sinking Fund -for bonds of said District dated 1973, the same as being set forth in Chapter 61-2275, Acts of the 1961 Florida Legislature, for such purposes as provided by law. 8. Estimates having been made by the Board of Trustees of the INDIAN RIVER COUNTY HOSPITAL DISTRICT, and a certified copy of the Resolution thereof filed with this Board as required by law, it is determined and hereby declared that a tax rate of fifty one thousand two hundred twelve one hundred thousandths (.51212) mill upon the dollar be levied and is hereby fixed and assessed for the year 1977 on all the property in Indian River County for'the purpose of paying interest upon and providing a Sinking Fund for bonds of said District dated 1975, the same as being set forth in Chapter 61-2275, Acts of the 1961 Florida Legislature, for such purposes as provided by law. -3- 809 it 'Wi • 0 CT 191977 9. Estimates having been made by the Board of Commissioners of the FLORIDA INLAND NAVIGATION DISTRICT, and a letter stating that this motion was passed, being filed with this Board, it is determined and hereby declared that no tax rate be levied for the year 1977 on all the property in the County of Indian River lying and being within the boundaries of the said Florida Inland Navi- gation District, the boundaries of said District being described as including all of the County of Indian River. 10. Estimated having been made by tie Town Council of the TOWN OF INDIAN RIVER SHORES, and a certified copy of the Resolution thereof filed with this Board as required by law, it is determined and hereby declared that a tax rate of five and sixteen hundredths (5.16) mills upon the dollar be levied and is hereby fixed and imposed and assessed for the year 1977 on all of the property in the County of Indian River lying and being within the boundaries of the Town of Indian River Shores, the same being four and eighty- seven hundredths (4.87) mills for the current operating expenses of said Town and twenty nine hundredths (.290) mills for the purpose,of making payments into the Interest and Sinking Fund heretofore established for that purpose. 11. Estimates having been made by the,City Council of the CITY OF FELLSMERE, and a certified copy of the Resolution thereof filed with this Board as required by law, it is determined and hereby declared that a tax rate of six and two thousand forty ten I thousandths (6.2040) mills upon the dollar be levied and is hereby fixed and imposed and assessed for the year 1977 on all of the property in the County of Indian River lying and being within the boundaries of the City of Fellsmere. 12. Estimates having been made by the Town Council of the TOWN OF ORCHID, and a certified copy of the Resolution thereof filed with this Board as required by law, it is determined and hereby declared that a tax rate of five and nine thousand one hundred, ninety five ten thousandths (5.9195) mills upon the dollar be levied and is hereby fixed and imposed and assessed for the year, 1977 on all of the property in the County of Indian River lying and being within the boundaries of the Town of Orchid. 0 1 -4- Boa 31 ma,343 r' 13. Estimates having been made by the City Council of the CITY OF SEBASTIAN, and a certified copy of the Resolution thereof filed with this Board as required by law, it is determined and hereby declared that a tax rate of five and seventy five hundredths (5.75) mills upon the dollar be levied and is hereby fixed and imposed and assessed for the year 1977 on all of the property in the County of Indian River lying and being within the boundaries of the City of Sebastian. 14. Estimates having been made by the City Council of the CITY OF VERO BEACH, and a certified copy of the Resolution thereof filed with this Board as required by law, it is determined and hereby declared that a•tax rate of three and fifty two hundredths (3.52) mills upon the dollar be levied and is hereby fixed and imposed and assessed for the year 1977 on•all of the property in the County of Indian River lying and being within the boundaries of the City of Vero Beach, the same being three and fifty two one hundredths (3.52) mills for the current operating expenses of said District. 15. Estimates having been made by the Board of Supervisors of the ROCK RIDGE SUBDIVISION STREET LIGHTING DISTRICT and a certified copy of the Resolution thereof filed with this Board as required by law, it is determined and hereby declared that a tax rate of six thousand nine hundred forty eight ten thousandths (.6948) mills upon the dollar be levied and is hereby fixed and assessed for the year 1977. The district shall include all that portion of Indian River County, Florida, outside.the boundaries of any incorporated municipality as follows: Rock Ridge Subdivision Unit No. 1, Plat Book 4, page 23 Rock Ridge Subdivision Replat Unit No. 2, Plat Book 4, page 50 Rock Ridge Subdivision Unit No: 3, Plat Book 4, page 64 Rock Ridge Subdivision Unit No. 4, Plat Book 5, page 7 Rock Ridge Subdivision Unit No. 5, Plat Book 5, page 2 Rock Ridge Subdivision Unit No. 61 Plat Book 5, page 67 Rock Ridge Subdivision, Unit No. 7, Plat Book 5, page 81 Rock Ridge Subdivision Unit No. 8, Plat Book 6, page 53 Rock Ridge Subdivision Unit No. 9, Plat Book 6, page 23 -5- MX OCT 191977 W-344 as shown in the Public Records of Indian River County, Florida 16. Estimates having been made by the State Board of Health of the INDIAN RIVER COUNTY HEALTH DEPARTMENT, and a certified copy of the Resolution thereof filed with this Board as required by law, it is determined and declared that a tax rate of one thousand three hundred eighty four mills (.1384) upon the dollar be levied and is hereby fixed and imposed and assessed for the year 1977 on all of the property in the County of Indian River lying and being within the boundaries of the said Indian River County Health Department. 17. Estimates having been made by the Board of Supervisors of the INDIAN RIVER FARMS WATER MANAGEMENT DISTRICT, and a certified copy of the Resolution thereof filed with this Board as required by law, it is determined and hereby declared that a tax rate of $3.00 per acre is hereby fixed and imposed and assessed for the year 1977. This District shall include that land as described in that Special Act created by same. Said maintenance tax shall be equal and uniform in amount upon each acre of land assessed and the minimum drainage tax shall apply to any one parcel separately assessed to maintain and preserve the ditches, drains and drainage works of this District and to repair and re- store the same when needed and for the purpose of defraying the current expenses of this District. 18. Estimates having been made by the Board of Supervisors of ST. JOHNS DRAINAGE DISTRICT, and certified copies of the Resolutions thereof filed with this Board as required by law, it is. determined and hereby declared that a tax rate of $17.50 per acre is hereby fixed and imposed and assessed for the year 1977. This District shall include that land as described in that Special Act created by same. Said maintenance tax shall be equal and uniform in amount upon each acre of land assessed, and the minimum drainage tax shall not.be less than the one -acre tax herewith established, and said minimum drainage tax shall apply to any one parcel separately assessed to maintain and preserve the ditches, OCT 191977 aom 31 PAw In %. drains and drainage works of this District and to repair and restore the same when needed and for the purpose of defraying the current expenses and installment obligations of this District. 19. Estimates having been made by the Board of Supervisors of FELLSMERE WATER MANAGEMENT DISTRICT, and a certified copy of the Resolution thereof filed with this Board as required by law, that this Board does herewith levy a maintenance tax for the year 1977 of $1.50 per acre or fraction thereof, in order to maintain and preserve the ditches, drains and drainage works of this District and to repair and restore the same when needed and for the purpose of defraying the current expenses of the District. 20. Estimates having been made by the Board of Supervisors of SEBASTIAN RIVER DRAINAGE DISTRICT, and a certified copy of the Resolution thereof filed with this Board as required by law, that this Board does herewith levy a maintenance tax for the year 1977 of $2.25 per acre, or any portion thereof, upon all lands located and being situated within the confines of the Sebastian River Drainage District boundary lines, as more particularly described as follows: All of the South Half of Sections 25 and 26, and all of Sections 35 and 36 of Township 31 South, Range 38 East, Indian River County, Florida; The Southwest Quarter of Section 29; the South Half of Section 30; all of Section 31; the West Half of Section 32; EXCEPT the South Half of Northeast Quarter of Southwest Quarter of Section 32, less canal right-of-way, and EXCEPT the Southeast Quarter of the Southwest Quarter of Section 32; all in Township 31 South, Range 39 East, Indian River County, Florida; All Sections 1, 2, 11, 12, 13, 14, 23, 24, 25, 26, 35 and 36, in Township 32 South, Range 39 East, Indian River County, Florida Said maintenance tax shall be equal and uniform in amount upon each acre of land assessed, and the minimum drainage tax shall not be less than the one -acre tax rate herewith established, and said minimum drainage tax shall apply to any one parcel separately assessed to maintain and preserve the ditches, drains and drainage works of this District and to repair and restore the same when needed and for the purpose of defraying the current expenses of this District. -7- Bom 1 p •,3 21. Estimates having been made by the Board of Supervisors of the LAURELWOOD SUBDIVISION STREET LIGHTING MUNICIPAL SERVICE TAXING UNITS and a certified copy of the Resolution thereof filed with this Board as required by law, it is determined and hereby declared that a tax rate of one (1) mill upon the dollar be levied and is hereby fixed and assessed for the year, 1977. The district shall include all that portion of Indian River County, Florida, outside the boundaries of any incorporated municipality as follows: Laurelwood Subdivision Unit No. 1, Plat Book 9, page 29, as shown in the Public Records of Indian River County, Florida BE IT FURTHER RESOLVED that the Property Appraiser of Indian River County, Florida, be and he hereby is directed to assess and levy all of the foregoing taxes upon the taxable property in Indian River County, Florida, just and due taxation within the respective boundaries upon which such taxes are levied and the Tax Collector of Indian River County, Florida, be and he is hereby directed to collect said taxes and pay over the same and that a certified copy of this Resolution be furnished to the County Appraiser of Taxes and the County Collector of Taxes. Attest:o CLERK CHAIRMAN Adopted - October 19, 1977 @00( AGI -47 OCT 191977 CHAIRMAN WODTKE REOPENED THE PUBLIC HEARING IN REGARD TO THE'REZONING FROM AGRICULTURAL AND COMMERCIAL TO R-lTM REQUESTED BY RO-ED CORPORATION. COMMISSIONER SCHMUCKER, WHO HAD PREVIOUSLY FILED A CONFLICT OF INTEREST, LEFT THE COMMISSION ROOM AT 3:58 O'CLOCK P.M. ADMINISTRATOR JENNINGS REPORTED IN REGARD TO THE ACCESS ROAD TO THE RO-ED PROPERTY, THAT Ra -ED HAS 40' FOR THEIR ROAD ALONG THEIR PROPERTY AND 108TH AVENUE OFF OF VERO LAKE ESTATES, BUT THERE IS NO ADDITIONAL RIGHT-OF-WAY AT STUCKEY'S. MR. PETERSON NOTED THAT THERE PRESENTLY IS A.24' PAVED ROAD GOING INTO STUCKEY'S FROM FELLSMERE ROAD, AND THEY WILL CONTACT THEM ABOUT ADDITIONAL RIGHT-OF-WAY. THE ADMINISTRATOR DISCUSSED POSSIBLE ALTERNATIVE ROAD LOCATIONS. CHAIRMAN WODTKE NOTED SINCE THIS IS GOING TO BE A COMMERCIAL DEVELOPMENT, HE WOULD RATHER HAVE THE COMMERCIAL TRAFFIC SOMEWHERE OTHER THAN ON A RESIDENTIAL ROAD, BUT DID NOT FEEL THIS IS THE PLACE TO DISCUSS.THIS PROBLEM. COMMISSSIONER SIEBERT POINTED OUT THAT THE LAND IS LOW; AND MR. PETERSON AGREED THAT THE ENGINEERS WILL HAVE TO TAKE CARE OF THIS PROBLEM, THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE. DISCUSSION CONTINUED IN REGARD TO ACCESS. ADMINISTRATOR .JENNINGS STATED THAT HE HAS NO PROBLEM WITH A ZONING CHANGE, BUT . ` NOTED THAT THE ROAD COULD PRESENT ALL KINDS OF PROBLEMS AS TO MAIN- TENANCE, COUNTY PLANNER BRENNAN ASKED IF YOU CAN REFUSE REZONING ON THE BASIS OF INSUFFICIENT ACCESS, AND ATTORNEY COLLINS FELT IT WAS A FACTOR TO BE TAKEN INTO CONSIDERATION, BUT SHOULD NOT PREVENT A REZONING IF IT IS THE ONLY FACTOR, ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LAY, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER LAY, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE N0. 77-26. 89 > gQD�(31 'Pa, =. I CT 191977 - OCT 191977 f ORDINANCE NO. 77-26 �� WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto, held a public hearing in relation thereto, at which panties in interest and citizens were heard: NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as .follows: 1. That the Zoning Map be changed in order that the follow-' ini property owned by Ro-Ed Corporation, and represented by Total Development, Inc., situated in Indian River County, Florida, to -wit: Commencing at the N.E. corner of the SW 1/4 of SE 1/4 of Section 20, Township 31 South, Range 38 East, Indian River County, Florida, run South 0 degrees 32'37" W. a- long the East line a distance of 108.65' to the South right of way of SR 512; from said point continue S. 0 degrees 32137" W. along said line a distance of 540.5' to the point of beginning; thence S. 0 degrees 32'37" W. a distance of 1089', thence run N. 89 degrees 15123" W. a distance of 8001, more or less to the East right of way of limited access line of I-95; thence run N. along said right of way a distance of 10941, more or less; thence run S. 89 degrees, 15'23" E. a distance of 7801, more or less to the point of beginning. Said property contains 20 acres in Sections 20 and 29. Be changed from A -Agricultural District, and C-1 Commercial District, to R-lTM Transient Mobile Home District. All within the meaning and intent and as set forth and described in said Zoning Regulation. This Ordinance shall take effect October 24, 1977, COMMISSIONER SCHMUCKER RETURNED TO THE MEETING. ATTORNEY COLLINS REQUESTED THAT AN EMERGENCY ITEM BE ADDED TO TODAY IS AGENDA IN REGARD TO A PROPOSED SEWER LINE SOUTH OF THE CITY LIMITS. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AGREED TO ADD TO THE AGENDA THE EMER- GENCY ITEM REQUESTED BY THE ATTORNEY. ATTORNEY COLLINS INFORMED THE BOARD THAT THE DEVELOPER OF CASTAWAY COVE, LOCATED NORTH OF THE DUNES, AND SEAGROVE SUBDIVISION HAVE JOINED TOGETHER AND PUT UP CASH TO BUILD A SEWER LINE FROM THE SOUTH CITY LIMITS DOWN TO SERVICE THEIR PROPERTIES. HE STATED THAT THE CITY HAS AGREED TO PROVIDE THE SERVICE AND TO OVERSIZE THE LINE TO 8" SO IT WILL SERVE ALL OF SOUTH.BEACH. THE ATTORNEY CONTINUED THAT THERE ARE TWO SMALL SEWER PLANTS IN THIS LOCATION, (ONE SHARED BY RALMAR ASSOCIATES AND lO COINS SUBDIVISION AND THE OTHER SERVIC- ING RIVER RIDGE) AND BOTH HAVE FRANCHISES WHICH STATE THAT WHEN GOVERNMENTAL SERVICE IS PROVIDED THEY WILL HOOK IN. HE RECOMMENDED THAT THE BOARD AUTHORIZE HIM TO WRITE A LETTER TO EACH FRANCHISE HOLDER ASKING THEM TO MAKE PLANS TO HOOK INTO THIS LINE AND TO RE- MOVE THE PLANTS FROM THE SOUTH AlA AREA. CHAIRMAN WODTKE ASKED IF THE COUNTY HAS TO PURCHASE THESE PLANTS, AND THE ATTORNEY STATED THAT HE FEELS THE INTENT OF THE FRANCHISE IS.THAT THE OWNERS CAN KEEP THE PLANTS OR REMOVE THEM. HE NOTED THAT THIS IS THE FIRST TIME. THIS SITUATION HAS ARISEN AND HE FEELS THE COUNTY SHOULD TAKE A FAIRLY AGRESSIVE POSITION AS IT ` IS BETTER TO HOOK ONTO A MUNICIPAL PLANT. COMMISSIONER SCHMUCKER POINTED OUT THAT SEWAGE PLANTS ARE RESALABLE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER LOY, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO NOTIFY THE FRANCHISE HOLDERS AS SET OUT ABOVE. ATTORNEY COLLINS REPORTED THAT HE HAS A CONDEMNATION WORK BILL CERTIFIED BY ATTORNEY RALPH EVANS OF HIS FIRM, WHICH NEEDS TO BE APPROVED FOR FORWARDING TO THE DOT. 91 ®CT 191977, • aQ(�cT Item # 1. 2. 3. 4. 5. 6. 7'. 8. 9. 10. 11. 12. 13. 14. 15. OCT 191977 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED BILL FROM THE FIRM OF COLLI.NS, BROWN, VAN DE VOORDE, EVANS & MANNING IN THE AMOUNT OF $602.00 FOR WORK DONE ON CONDEMNATION SUITS BEING FORWARDED TO THE DOT FOR PAYMENT. ADMINISTRATOR .JENNINGS PRESENTED TO THE BOARD THE FOLLOW- ING MEMO RECOMMENDING AWARD OF BIDS FROM THE ANNUAL MATERIALS CONTRACTS: r MEMORANDUM October 10, 1977 TO: Board of County Commissioners FROM: Jack G. Jennings, County Administrator SUBJECT: Award of Bids - Annual Materials Contracts Bids were opened during the regular meeting of the Corsnission on October 5, 1977, and were referred to the County Administrator for review. Following are the recommendations of the County Administrator for award of bids: Material Asphaltic Concrete Placing Asphaltic Concrete Southern Pine Piling Southern Pine Lumber Road Rock Asphalt Steel Pipe Aluminum -Pipe Concrete Pipe Petroleum Products Ready Mix Concrete Soil Cement Base Liquid Asphalt Limerock Base Mixed -in -Place Base Signs Company Comments Dickerson, Inc. Only Bid Dickerson, Inc. Low Bid The Langdale Co. Low Bid Koppers Co., Inc. Only Bid Dixie Lime & Stone Co. Only Bid Palm Beach Tank & Culvert Low Bid Palm Beach Tank & Culvert Only Bid Carns Concrete -Pipe Co. Only Bid MacMillan Oil Co. Low Bid Russell Concrete, Inc. Low Bid Pan American Engineering Only Bid E. A. Mariani Asphalt Co. Only Bid Pan American Engineering Only Bid Pan American Engineering Only Bid Municipal- supply & Sign Co. Low Bid 92 BOOK PAA. THE ADMINISTRATOR STATED THAT HE WAS PLEASANTLY SURPRISED TO LEARN THAT THERE ACTUALLY HAS BEEN A.SLIGHT DECREASE IN THE ASPHALT PRICES, AND ASSISTANT ADMINISTRATOR NELSON NOTED THAT THE INCREASES HE REVIEWED SEEM TO BE REASONABLE, CHAIRMAN WODTKE ASKED ABOUT ESCALATOR .CLAUSES, AND THE ADMINISTRATOR STATED THAT WE HAVE A NUMBER OF ESCALATIONS, BUT POINTED OUT THAT THIS IS REGULATED AND A COMPANY CANNOT JUST CAPRICIOUSLY RAISE THE PRICE EVERY SO OFTEN. COMMISSIONER SIEBERT ASKED IF THE AWARD FOR THE GASOLINE AND DIESEL FUEL COULD BE SPLIT INTO TWO PARTS, BUT MR. DONLON STATED THAT IT WAS BID AS ONE UNIT. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMIS- SIONER DEESON, THE BOARD UNANIMOUSLY ACCEPTED THE BIDS FOR ANNUAL MATERIALS CONTRACTS AS RECOMMENDED BY THE ADMINISTRATOR IN HIS MEMO OF OCTOBER 10, 1977, AS BEING THE LOWEST AND BEST BIDS MEETING SPEC- IFICATIONS. PERSONNEL DIRECTOR ROBERT DONLON, REVIEWED WITH THE BOARD HIS MEMO IN REGARD TO A CHANGE IN PERSONNEL RULES AS FOLLOWS: October 4, 1977 MEMO WkN;:UM TO: Jack G. Jennings, Administrator FROM: Robert Donlon, Personnel Nlanager SUBJECT: Sick Leave Is a The following change in the Personnel P•.uies is recommended: As an incentive for the accumulation of Sick Leave, the Board of County Commissioners provides certain payments of Eick Leave credits at the time of regular retirement, or termination of employment, or death after ten (10) years service. Terminal pay for Sick Leave under these condition:; shall equal one-half (�-) of all unused Sick Leave credit. Our present policy provide.; only for one-eighth (1/8) of all unused 'Sick Leave accumulrtted prior to October 1, 1973, and one-fourth (',; of -111 unused ::J.cic Leave accumulated after October i, 1973. OCT 1919111,93 31, a e THE PERSONNEL DIRECTOR EXPLAINED TO.THE BOARD THAT THE MAXIMUM AMOUNT OF SICK LEAVE WHICH CAN BE ACCUMULATED WOULD AMOUNT TO 60 DAYS, CHAIRMAN WODTKE NOTED THAT WE DON'T HAVE SEVERANCE PAY, AND HE WOULD, THEREFORE, FEEL AN EMPLOYEE WOULD BE ENTITLED TO RE- CEIVE CREDIT FOR ONE-HALF OF THEIR UNUSED SICK LEAVE. ON LOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY ACCEPTED THE RECOMMENDATION OF THE PERSONNEL MANAGER FOR A CHANGE IN PERSONNEL RULES AS SET OUT IN HIS MEMO OF OCTOBER 4, 1977. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAS TWO EMERGENCY ITEMS - ONE IN REGARD TO A REQUEST FROM THE PROPERTY APPRAISER AND ONE IN REGARD TO S.R. 512, WHICH HE WOULD LIKE TO HAVE PLACED ON TODAY'S AGENDA. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADDED TO TODAY'S AGENDA THE TWO EMERGENCY ITEMS REQUESTED BY THE ADMINISTRATOR. ADMINISTRATOR .JENNINGS REPORTED THAT THE PROPERTY APPRAISER IS INSTALLING SOME NEW COMPUTER EQUIPMENT IN HIS OFFICE WHICH WILL REQUIRE SPECIAL OUTLETS. HE STATED THAT THE PROPERTY APPRAISER HAS GOTTEN ONE ESTIMATE ON THIS AND WOULD LIKE THE BOARD'S APPROVAL. THE ADMINISTRATOR NOTED THAT THIS EQUIPMENT IS ALREADY IN MR. LAW'S OFFICE, BUT SUGGESTED THAT A FEW MORE ESTIMATES BE OBTAINED AND THE JOB GIVEN TO THE LOW BIDDER. ` ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO CONTACT THE PROPERTY APPRAISER TO DETERMINE JUST WHAT HE NEEDS AND THEN OBTAIN MORE PROPOSALS. ADMINISTRATOR .JENNINGS'DISCUSSED WITH THE BOARD A LETTER RECEIVED FROM WILLIAM MCCLURE, SUPERINTENDENT OF SCHOOLS, AS FOLLOWS: 94 OCT 191977 a SCHOOL DISTRICT OF INDIAN RIVER COUNTY 142616th Street - P. O. Box 2648 - Vero Reach, Florida 32960 Telephone 13051 567. 7165 WILLIAM H. McCLURE. Suparintendsnt' October 18, 1977 SCHOOL 8OARo DOROTHY A. TALHE11T Chairman JOE N. IDLETTE. Ji7. Vice -Chairman RUTH R. BARNES RICHARD A. DOLING Ek GARY W. LINDSEY Mr. William C. Wodtke, Jr., Chairman Indian River County Commission Indian River County Courthouse Vero Beach, Florida Dear Mr. Wodtke: This is an official request for the Board of County Commissioners to pave the east and west drive at Sebastian River Middle -Junior High School from the north edge of the new pavement on State Road 512 to the south property line of the Sebastian River Middle -Junior High School. The School Board's contract for construction of the school includes paving to the property line and there is a distance of approximately 175 ft. between the work that the County Commission is completing on State Road 512 and the School Board's property line. The Indian River County School Board will appreciate very much the Commission's consideration of this request. Yours very truly, William H. McClure Superintendent THE ADMINISTRATOR NOTED THAT. THERE IS A "NO -MAN'S LAND" BETWEEN THE PAVING THE SCHOOL BOARD IS DOING UP TO THEIR PROPERTY LINE AND THE WORK THE COUNTY IS DOING ON�STATE ROAD 512, HE ALSO INFORMED THE BOARD THAT THE SCHOOL .BOARD HAS AN EASEMENT FROM GULF & WESTERN GIVING THEM INGRESS AND EGRESS OVER THIS PROPERTY AND REPORTED THAT ASSISTANT ADMINISTRATOR NELSON HAS COME UP WITH AN ESTIMATED MATERIALS COST FOR DOING THE PAVING'IN THIS AREA OF AP- PROXIMATELY $5,000.00, COMMISSIONER LOY NOTED THAT THIS IS ACTUALLY THE SCHOOL BOARD'S RESPONSIBILITY, BUT WE AGREED TO HELP THEM AND SOMEONE MUST TAKE CARE OF THIS PART IN -THE MIDDLE. SHE FURTHER NOTED THAT THE SCHOOL BOARD DOES HAVE SOME MONIES TO BE USED, EVEN THOUGH THEY DON'T HAVE THEM DESIGNATED AS ENTRANCE MONIES. IN FURTHER CONVERSATION, THE BOARD AGREED IT WOULD BE BEST TO COORDINATE THIS ADDITIONAL WORK WITH THE WORK BEING DONE RIGHT NOW. F 95 OCT 1931971. - wK 31 a ATTORNEY COLLINS POINTED OUT THAT THE EASEMENT DOES NOT RUN TO THE COUNTY, BUT TO THE SCHOOL BOARD. COMMISSIONER Loy, NOTED THAT THIS WOULD BE A SCHOOL ROAD; WE WOULD DO THE WORK AND THEN MOVE OUT. SHE FELT THE LETTER FROM THE SCHOOL BOARD GIVES US THE AUTHORITY TO GO ON THE ROAD AND DO THE WORK, ATTORNEY COLLINS AGREED. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE REQUEST OF THE SCHOOL DISTRICT OF INDIAN RIVER COUNTY AS SET OUT IN SUPERINTENDENT MCCLURE'S LETTER OF OCTOBER 18, 1977, AND AUTHORIZED THE ADMINIS. TRATOR TO EXPEDITE THIS PROJECT AS QUICKLY AS POSSIBLE AND WHEN ALL FIGURES ARE AVAILABLE, THE BOARD WILL MEET WITH THE SCHOOL BOARD TO ARRANGE THE FINAL FINANCING. CHAIRMAN WODTKE ANNOUNCED THAT A SPECIAL MEETING WILL BE HELD TOMORROW AT 1:00 P.M. TO TAKE UP THE MATTERS HELD OVER FROM TODAY'S AGENDA. THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAV- ING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND NOS. 56253-56374 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENT MINUTE BOOK AS PROVIDED BY THE RULE OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 5:25 O'CLOCK P.M. ATTEST: CLERK CHAIRMAN m OCT 19 1977 ' BQ�c X PAhr