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HomeMy WebLinkAbout10/19/1977 (2)I WEDNESDAY, OCTOBER 19,'1977 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, OCTOBER 19, 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. .JENNINGSf COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS, .JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; WILLIAM P. .JACKSON, FINANCE OFFICER; AND VIRGINIA HARGREAVES, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER SCHMUCKER LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND .JAMES RATCLIFF OF CHRIST METHODIST BY THE SEA CHURCH GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR COR; RECTIONS TO THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 21, 1977. COMMISSIONER DEESON REQUESTED THAT ON PAGE 6, PARAGRAPH 6, "INVEILED. BE CORRECTED TO READ "UNVEILED;" THAT ON PAGE 23, PARA- GRAPH 4, "STANDRADIZE" BE CORRECTED TO READ "STANDARDIZE;" AND THAT ON PAGE 37, PARAGRAPH 1, "INFROMED" BE CORRECTED TO READ "INFORMED." THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMIS- SIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANI- MOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 21, 1977, AS WRITTEN. DISCUSSION ENSUED AS TO APPROVING THE MINUTES OF THE LAURELWOOD SUBDIVISION STREET LIGHTING DISTRICT, AND ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE BOARD OF SUPERVISORS OF LAUREL - WOOD SUBDIVISION STREET LIGHTING DISTRICT UNANIMOUSLY APPROVED THE MINUTES OF THE MEETING OF SEPTEMBER 21, 1977, AND THE MEETING OF SEPTEMBER 26, 1977, OF LAURELWOOD SUBDIVISION STREET LIGHTING DIS- TRICT, AS WRITTEN. JL MR � � r THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR COR- RECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 26, 1977. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 26, 1977, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR COR- RECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 27, 1977. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMIS- SIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 27, 1977, AS WRITTEN. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM OF FERDINAND KULIMA. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY GAVE RETRO -ACTIVE APPROVAL OF ADMISSION OF .JAMES WILLIAMS TO A. G. HOLLEY STATE HOSPITAL. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLL, CIRCUIT COURT, SPRING TERM, 1977,.IN THE AMOUNT OF $42.88. REPORT OF CONVICTIONS, CIRCUIT COURT, SEPTEMBER, 1977, WAS RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK. COMMISSIONER SIEBERT REPORTED THAT, AS REQUESTED AT THE PRE- VIOUS BOARD MEETING, HE HAS CHECKED INTO THE CLERKS REQUEST FOR COUNTERS TO BE BUILT FOR THE RECORDING DEPARTMENT AND CIVIL DIVI- SION - COUNTY COURT AND NOW CAN BETTER UNDERSTAND WHY THESE ARE NEEDED, HE NOTED THAT THE COUNTERS IN THE RECORDING DEPARTMENT WILL GIVE THE PUBLIC A LOT MORE ROOM TO VIEW THE MICROFILM AND WILL ALSO PROVIDE SECURITY FOR THE RECORDER PRINTERS WHICH THE PUBLIC WILL NOT HAVE ACCESS TO. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMIS- SIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO COMPLY WITH THE REQUEST OF THE CLERK OF CIRCUIT COURT FOR COUNTERS FOR THE RECORDING DEPARTMENT AND CIVIL DIVISION -COUNTY COURT. 2 191977 BOOZE 31 ����� ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT HE HAD RECEIVED THREE PROPOSALS IN REGARD TO A REVERSE CYCLE AIR CONDITION- ING UNIT FOR THE PROBATE OFFICE AND RECOMMENDED THAT THE LOWEST ONE FROM TRIMM HEATING.AND AIR CONDITIONING IN THE AMOUNT OF $400.00 INSTALLED BE ACCEPTED. COMMISSIONER SIEBERT.ASKED IF THIS UNIT HAD HEAT STRIPS, AND THE ADMINISTRATOR INFORMED HIM THAT THEY HAD ASKED FOR HEAT STRIPS BUT THE PROPOSAL DID NOT STATE WHETHER THEY WERE INCLUDED OR NOT. HE STATED THAT HE WOULD CHECK ON THIS. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ACCEPTED THE LOW PROPOSAL OF TRIMM HEATING AND AIR CONDITIONING FOR A REVERSE CYCLE AIR CONDITIONER FOR THE PROBATE OFFICE, SUBJECT TO HEAT STRIPS BEING PROVIDED. ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS, CAME BEFORE THE BOARD IN REGARD TO APPROVAL OF TWO NEW POLLING PLACES. SHE STATED THAT SHE WISHED TO CHANGE THE POLLING PLACE FOR PRECINCT I -B FROM SEBASTIAN CITY HALL TO THE CITY COMMUNITY CENTER AND PRECINCT 3 IN VERO BEACH OVER TO THE NEW VERO BEACH COMMUNITY CENTER, MRS. RICHEY INFORMED THE BOARD THAT THE MUNICIPALITIES APPROVE THESE CHANGES AND THE PROPOSED POLLING PLACES HAVE ALL THE PROVISIONS REQUIRED FOR THE HANDICAPPED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE SUPERVISOR OF ELECTIONS TO MOVE THE POLLING PLACE FOR PRECINCT I -B IN SEBASTIAN FROM THE CITY HALL TO SEBASTIAN COMMUNITY CENTER AND PRECINCT 3 IN VERO BEACH FROM THE CULTURAL ARTS BUILDING TO THE NEW COMMUNITY CENTER AND TO ADVERTISE THESE CHANGES. DANA HOWARD OF CARTER ASSOCIATES, INC., APPEARED BEFORE THE BOARD REQUESTING TENTATIVE APPROVAL DF ARBOR OAKS SUBDIVISION. HE NOTED THAT LOTS I, 2 AND 3 RECEIVED TENTATIVE APPROVAL LAST APRIL AND THEY NOW WISH TO ADD LOTS 4, 5 AND 6. DISCUSSION AROSE IN REGARD TO THE ROAD IN THIS SUBDIVISION, AND MR. HOWARD STATED THAT THE ROAD WILL BE ALL PAVED FROM THE NORTH LOT LINE OF LOT I SOUTH TO THE CUL-DE-SAC, BUT FROM 33RD STREET SOUTH TO THE NORTH LINE OF LOT I, THE PAVED AREA WILL BE ONLY A HALF ROAD. 9 CT 191977pe c 31 Alim HIS CLIENTS OWN ONLY HALF THE RIGHT-OF-WAY AND THUS CAN ONLY DEDICATE HALF, ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THE OTHER HALF OF THE -ROAD WAS PUT IN ON A METES AND BOUNDS DESCRIPTION SOME TIME AGO, BUT NOW THE SUBDIVISION OWNERS WANT A DEDICATED ROAD. THE ADMINISTRATOR NOTED THAT IT IS A PRIVATE ROAD WHICH THE COUNTY WOULD NOT HAVE TO MAINTAIN, AND STATED THAT IT IS AC- CEPTABLE TO PAVE HALF A ROAD FOR A SUBDIVISION WHEN YOU DO NOT OWN THE OTHER HALF. THE BOARD DISCUSSED HOW THIS SHOULD. BE SHOWN ON THE PLAT, AND ATTORNEY COLLINS STATED THAT YOU CANT PLAT PROPERTY UNLESS IT IS DEDICATED BY THE FEE OWNER SO YOU WOULD -JUST HAVE TO SHOW HALF A ROAD ON THE PLAT UNLESS THE ADJOINING OWNERS AGREE TO TIE IN. MR. HOWARD STATED THAT HE WOULD TRY TO CONTACT THE ADJOIN- ING OWNERS, BUT NOTED THAT ONE HAS MOVED AWAY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO ARBOR OAKS SUBDIVISION, SUBJECT TO THE ADJOINING PROPERTY OWNERS JOINING IN ON THE ROAD DEDICATION OR IT BEING SHOWN ON THE PLAT THAT THEY HAVE NOT JOINED IN. THE NEXT ITEM TO COME BEFORE THE BOARD WAS A REQUEST FOR TENTATIVE APPROVAL OF MITCHELL ESTATES. COMMISSIONER $CHMUCKER FILED THE FOLLOWING AFFIDAVIT IN REGARD TO A CONFLICT OF INTEREST WITH THE CLERK OF CIRCUIT COURT AND LEFT THE MEETING ROOM AT 9:10 O'CLOCK A.M. 0 ST 1919 - 4 wx 31 AFFIDAVIT STATE OF FLORIDA . COUNTY OF INDIAN RIPER Before me, the undersigned authority, personally appeared EDWIN S. SCHMUCKER, of 610 Wall. Street, Vero Beach, Florida, who agys: 1. This affidavit is given pursuant to Florida Statues Chapter 112.313 which provides standards of conduct for officers and employees of state agencies, counties, cities and other political subdivision, legislators and legislative employees. -` 2. That I am a duly elected County Commissioner of Indian River County, Florida, and that in addition to my duties as County Commissioner, -I am a licensed professional engineer in Florida and erigage in private practice as -a consulting engineer. 3. That I am the President of TOTAL DEVELOPMENT, INC., a Florida Corporation in good standing which corporation has represented the Client , Ronald Mitchell to request a preliminary subdivision plat approval for Mitchell Estates lying in the SW 4 of NW 4 of Section 13, Township 33. South, Range 39 East. 4. The decision for'the rezoning of this property will be referred to the Board of County Commissioners for their action on said rezoning at which time the affiant proposes to abstain from voting because of the above conflict • w of interest. 1 rn rtoo rr, x Sworn to and subscribed before me this nth day of October , 1977. • ^�I/� . " �s1:d..�i • �� tel(` � , Y EDwni S. sm=CKER NOTARY PUBLIC, STA OF 1,UHIDA AT LARGE My Commission Expires: • u lorida at Notary Public State of Filrsua� Lae 1478 My Commission Expires. OCT 191977 ft HARLAN PETERSON OF TOTAL DEVELOPMENT, INC., CAME BEFORE THE BOARD REPRESENTING RONALD MITCHELL OWNER OF MITCHELL ESTATES. HE INFORMED THE BOARD THAT THIS SUBDIVISION, WHICH CONSISTS OF JUST OVER 40 ACRES, IS LOCATED NORTH OF 4TH STREET (CITRUS ROAD) AND CON- TLNUES TO COLONIAL TERRACE. MR. PETERSON STATED THAT MITCHELL ES- TATES IS DIVIDED INTO 89 LOTS AND LOTS I AND 2 OF SECTION G ARE RE- SERVED IN THE EVENT. A WATER PLANT IS CONSTRUCTED. THE SUBDIVISION COMPLIES WITH THE COUNTY MASTER PLAN, AND THE PLANNING DEPARTMENT HAS RECOMMENDED APPROVAL. CHAIRMAN WODTKE INQUIRED ABOUT ROADS BEING CUT THROUGH IN- TO COLONIAL TERRACE AND POINTED OUT THAT THE 50' RIGHTS-OF-WAY AND 60' RIGHTS-OF-WAY DO NOT ALIGN. ADMINISTRATOR .JENNINGS SUGGESTED THAT BEFORE THE PLAT IS FINALIZED THEY CHECK WITH THE PLANNING DEPARTMENT ON THE STREET ALIGNMENT. HE NOTED THAT LOTH COURT MAY HAVE TO BE CHANGED TO LOTH AVENUE. THE BOARD DISCUSSED DRAINAGE, AND IT WAS NOTED THAT THE SUBDIVISION HAS CURB AND GUTTER ROADS. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, TO GRANT TENTATIVE APPROVAL TO MITCHELL ESTATES. COMMISSIONER SIEBERT ASKED THAT THE MINUTES REFLECT THAT BEFORE THE DEVELOPER COMES BACK FOR FINAL APPROVAL, HE SHOULD DOUBLE CHECK THE STREETS TO BE SURE THEY CONFORM. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED, WITH COMMISSIONER SCHMUCKER ABSTAINING. COMMISSIONER SCHMUCKER RETURNED TO THE MEETING AT 9:20 0 CLOCK A.M. .JAMES BEINDORF, ENGINEER, CAME BEFORE THE BOARD REPRESENT- ING DRIFTWOOD OF VERO BEACH, INC.; OWNERS OFA PREVIOUSLY UN -NAMED SUBDIVISION NOW TO BE KNOWN AS OLD SUGAR MILL ESTATES. MR. BEINDORF INFORMED THE BOARD THAT THIS HAS BEEN REVIEWED BY THE SUBDIVISION REVIEW COMMITTEE AND THEIR SUGGESTIONS COMPLIED WITH IN REGARD TO SHOWING DRAINAGE, SIZE OF CULVERTS, ECT., ON THE PLAT AND ADDING A DEDICATION OF RIGHT-OF-WAY FOR PUBLIC UTILITIES. MR. BEINDORF 0 CT 191977 CONTINUED THAT EVEN THOUGH THESE ARE 1/2 ACRE TRACTS, THEY WILL HAVE CURB AND GUTTER ROADS AND UNDERGROUND UTILITIES. HE NOTED THAT THIS SUBDIVISION IS LOCATED IN AN AREA OF LARGE ESTATES, AND THEY ARE TRYING TO PRESERVE AS MANY TREES AND AS MUCH VEGETATION AS POSSIBLE. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO OLD SUGAR (KILL ESTATES. MR. BEINDORF, ACTING AS REPRESENTATIVE FOR RANDY SEXTON, NEXT DISCUSSED THE REQUEST FOR TENTATIVE APPROVAL OF RAIN TREE CORNER SUBDIVISION. HE NOTED THAT THIS IS A 10 -ACRE SUBDIVISION AND WAS RECENTLY REZONED TO R -1A. THE PROPERTY LIES SOUTH OF ROSE - DALE ROAD, AND THE TRACTS ARE 1/2 ACRE OR SLIGHTLY LARGER. MR. BEINDORF STATED THAT THE SUBDIVISION REVIEW COMMITTEE REQUESTED LEAVING A 25' ROAD AND UTILITY EASEMENT ACROSS THE SOUTH END OF THE PROPERTY, AND THIS WAS DONE. HE NOTED THAT THEY CHANGED THE SET- BACKS FOR LOTS 8 AND 9 SO THE RIGHTS-OF-WAY WOULD NOT BE VIOLATED. MR. BEINDORF FURTHER STATED THAT THIS IS NOT A CURB AND GUTTER ROAD- WAY, BUT IT MAY BE POSSIBLE TO WORK OUT UNDERGROUND ELECTRIC. IF THIS CANNOT BE WORKED OUT, THE EASEMENTS ARE THERE FOR OVERHEAD UTILITIES. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO RAIN TREE CORNER SUBDIVISION. MR. BEINDORF REVIEWED WITH THE BOARD THE REQUEST FOR TENTATIVE APPROVAL OF THE MOORINGS UNIT #S AND NOTED THAT THIS IS THE LAST LARGE LAND MASS OF THE MOORINGS TO BE DEVELOPED AND COM- PRISES 149 LOTS. HE NOTED THAT IT CONFORMS ALMOST EXACTLY WITH THE PLAN THE BOARD APPROVED ALMOST NINE YEARS AGO, HE STATED THAT IT IS ZONED R -1A, HAS CURB AND GUTTER ROADWAY, CITY WATER, AND ITS OWN SEWAGE TREATMENT PLANT. MR. BEINDORF CONTINUED THAT THIS DE- VELOPMENT DOES HAVE ENVIRONMENTAL AFFECTS, BUT IT PREVIOUSLY RE- CEIVED APPROVAL FROM ALL THE REGULATORY AGENCIES, AND HE FEELS IT WILL BE ABLE TO GET APPROVAL AGAIN. HE NOTED THAT THE SEA WALLS HAVE BEEN IN FOR SEVEN YEARS, AND THERE.IS NO DREDGING AND FILLING NEEDED. U T 191977 .30 . mcf ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO THE MOORINGS UNIT #5 SUBJECT TO THE APPROVAL OF ALL STATE AND REGULATORY AGENCIES. MR. BEINDORF NEXT TOOK UP THE REQUEST FOR TENTATIVE APPROVAL OF CITRUS HIDEAWAY SUBDIVISION, NOTING THAT THIS IS THE PROPERTY WHICH WAS JUST REZONED ABOUT.A MONTH AGO TO R -IE FOR KEITH MARTIN. HE NOTED THAT THE LAND SHOWN ON THE PLAN AS "NOT INCLUDED" WILL BE INCLUDED, AS SUGGESTED BY THE PLANNING DEPARTMENT, AND DESIGNATED AS TRACT A�UNLESS IT IS SOLD IN THE NEXT FEW WEEKS. ATTORNEY COLLINS AGREED THAT IT HELPS FROM THE TITLE STAND- POINT POINT TO HAVE AS MUCH PLATTED AS POSSIBLE. COMMISSIONER SIEBERT COMMENTED THAT THIS SUBDIVISION HAS A DEED RESTRICTION WHICH RECOGNIZES THAT IT IS LOCATED IN THE MIDDLE OF A CITRUS AREA AND COULD ANTICIPATE SPRAYING, ECT., AS RELATED TO THE CITRUS BUSINESS. HE FELT THIS SHOULD BE NOTED. ATTORNEY COLLINS FELT IT COULD BE REQUIRED THAT A NOTE BE PUT ON THE. PLAT. COMMISSIONER SIEBERT STATED THAT THIS WOULD BE DOUBLE PRO- TECTION FOR A PROSPECTIVE BUYER, BUT HE FELT IT WAS ONLY NECESSARY TO HAVE SUCH A STATEMENT ON THE FINAL PLAT. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL TO CITRUS HIDEAWAY SUBDIVISION, SUBJECT TO A NOTE IN REGARD TO THE DEED RE- STRICTION BEING INCLUDED ON -THE FINAL PLAT. 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: BON %134 A r 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-Joumal, a weekly newspaper published at Veto Beach in Indian River County, Florida; that the attached copy of advertisement, being a In the matter of In the Court, was pub- lished in said newspaper in the issues of C ,,, '0t4 -Z A �C�ez•-��-e��r � 07� / 9 �' 7 Affiant further says that the said Vero Beach Press-Joumal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement, and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. m Sworn to and subscribed before me this � a of C �' A.D. / `7 ? _ (B iness Manager) (Clerk of the Circuit Court, indianlover County, Florida) (SEAL) I , ., � NOTICB NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will receive bids to the hour of 4:30 A.M. Wednesday, October 19, 1977, for the following: Concrete Scale Pit and Platform located at New Sanitary Landfill, Indian River County, Florida Specifications, instructions to bidden and bidding blanks are available at the Office of the County Administrator, Room 115, County Court House, or will be mailed upon request. The Board of County Commissioners reserves the right to reject any or all of the bids and make awards in any manner which Y the Board considers to be in the best interest of Indian River County, Florida. All bids must be submitted on the blank forms provided by the County, and must be accompanied by a Bid Bond in the amount of 5 percent of the bid. A 100 percent Performance Bond with Surety, satisfactory to the Indian River County Commission, will also be required of the successful bidder. Bids for the above item shall be submitted i in an envelope securely sealed and marked on the outside to show the item being bid on and the date and time of the opening. The bids may be mailed or delivered to the Office of the County Administrator, Room 115, County Court House, Vero Beach, Florida 31960. Proposals received after 9:30 A.M. October 19, 1977, wiil be returned unopened. Indian River County, Florida Board of County Commissioners By: William C. WodtkeJr., Chairman Sept. 18, Oct. 1,1977. THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED,: OPENED AND READ: COLT INDUSTRIES, FAIRBANKS WEIGHING DIVISION - CONCRETE SCALE PIT AND PLATFORM $13,941.00 MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMIS- SIONER SIEBERT, TO REFER*THE ABOVE BID TO THE ADMINISTRATOR FOR EVALUATION , ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HIS STAFF AND THE ENGINEERS CONTACTED THE LOCAL PEOPLE IN THE CONCRETE BUSINESS IN REGARD TO THE CONCRETE SCALE PIT AND PLATFORM, BUT NO BIDS WERE RECEIVED FROM THEM. HE NOTED THAT NOTHING LIKE THIS HAS BEEN BUILT ANYWHERE AROUND HERE, AND THE BID THAT HAS BEEN RECEIVED IS FROM A COMPANY THAT DOES THIS KIND OF WORK ALL THE TIME. HE CONTINUED THAT 0 p CT 191977 0 RON X 4A 9 IT IS PRECISE WORK AND REQUIRES CLOSE TOLERANCES. ENGINEER BEINDORF AGREED, POINTING OUT THAT IT IS AN ELEC- TRONIC TYPE OF SCALE PIT AND THEREFORE, THE TOLERANCES ARE CRITICAL. CHAIRMAN WODTKE NOTED THAT THE BIDDER SAYS HE WILL COMMENCE WORK WITHIN IO DAYS OF THE AWARDING OF THE CONTRACT AND COMPLETE IT WITHIN 25. ENGINEER BEINDORF FELT THAT THE TIMING IS ALSO A CRITICAL ELEMENT TO CONSIDER AND ADDED THAT MANY OF TAE CONRTACTORS HE TALKED TO WERE VERY BUSY AND WOULD NOT BE ABLE TO MEET SUCH A TIME FRAME. COMMISSIONER SIEBERT ASKED IF THE ADMINISTRATOR AND THE CONSULTING ENGINEER WERE SATISFIED THAT THIS IS A FAIR BID AND DOESNIT NEED ANY FURTHER EVALUATION. THE ADMINISTRATOR AND ENGINEER BEINDORF AGREED THAT THEY WOULD RECOMMEND ACCEPTING THE BID, ESPECIALLY IN VIEW OF THE CRITI- CAL TOLERANCE INVOLVED AND THE TIMING , BUT SUGGESTED THAT THEY RE- VIEW THE DOCUMENTS SUBMITTED TO SEE THAT EVERYTHING IS IN ORDER AND REPORT BACK LATER IN THE MEETING, THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. 10 � I I LOO Ala 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 LEASE Vero Beach, Indian River County, Florida ' OF REAS. ESTATE tsursuarlt to Florida Statute 125.35, the Board of County Commissioners of Indian River County, Florida, will accept written bids to the hour of 9:30 A.M. Wednesday, October 19,1977, COUNTY OF INDIAN RIVER: for lease of the following described County STATE OF FLORIDA Properly. 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 Indian River Farms Company Subdivision PBS 2-25 W. 10 A. of E. 20.54 A of Tract 8 at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being described on the tax roll as 21 33 39 01 0080 002.0. • The Board of County Commissioners a 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 in. the matter of �–� Indian River County, Florida. All bids shall be for one (1) y2ar lease, in ��C ///��� writing by legal description as listed above and x shall include a check payable to Indian River ro County for 10 percent (10 percent) of the lease price — with the balance due five (5) days In the Court, was pub- after acceptance, submitted in an envelope securely sealed and marked on the outside "SEALED BID FOR LEASE OF COUNTY LAND" along with the date and time of the bid Iistted in said newspaper in the issues of opening. The bids may be mailed or delivered to the office of the County Administrator, Room 115, County Courthouse, Vero Beach, Z 9 J' Florida 32960. received offer need A.M. October 19, 1977, will be returned 19, 1977 unopened. Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Board of County Commissioners Indian River County, Florida Vero Beach, in said Indian River County, and that the said newspaper has heretofore been published in said Indian River County, Florida, weekly and has been entered William C. Wodtke Jr., Chairman Oct. 2,9,1977. continuously as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a perm of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. 7 7 Sworn to and subscribed before me this A L . (Busin ss Manager) (Clerk of the Circuit Court, Indian Rivr County, Florida) (SEAQ THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BID WAS RECEIVED, OPENED AND READ: FRANK BURDICK — FOR RENT OF LAND TO BE USED FOR VEGETABLE FARMING AND RETURNED TO ORIGINAL CONDITION AFTER HARVESTING.... $250.00 PER YEAR COMMISSIONER SIEBERT STATED HE FELT SUCH A USE WOULD GREAT— LY IMPROVE THE PROPERTY, BUT THAT THE BIDDER SHOULD SUBMIT PROOF OF ASSUMPTION OF ALL LIABIL:I.TY. ATTORNEY COLLINS STATED THE BOARD SHOULD REQUIRE AN.INSUR- ANCE POLICY WITH AT LEAST $100,000 LIABILITY COVERAGE WITH THE COUNTY AS A NAMED INSURED, PLUS A LEASE PREPARED BY MR. BURDICK INDEMNIFYING THE COUNTY FROM ANY LIABILITY RESULTING FROM HIS OPERATION, THE CHAIRMAN DISCUSSED FENCING THE PROPERTY, BUT IT WAS AGREED THAT THIS WAS NOT NECESSARY, I ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF FRANK BURDICK, BASED UPON USE OF THE LAND AS SET OUT IN HIS BID, AS BEING THE LOWEST AND BEST BID IN THE AMOUNT OF $250.00 PER YEAR, SUBJECT TO MR. BURDICK PREPARING A LEASE AND PROVIDING INSURANCE AS SET OUT BY THE ATTORNEY ABOVE AND AUTHORIZED THE CHAIRMAN'S SIGNATURE SUBJECT TO'APPROVAL BY THE ATTORNEY. 12 ;c� 1 ma '408 THIS LEASE, Made and entered into this 19th day of October, 1977, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called "LESSOR", and FRANK R. BURDICK, hereinafter called the "LESSEE": WITNESSETH: That in consideration of the covenants herein contained, on.the part of the said Lessee to be kept and performed, the said Lessor does hereby lease to the said Lessee the following described property, located in the County of Indiah River, State of Florida, to -wit: Indian River Farms Company Subdivision PBS 2-25 W. 10 acres of E. 20.54 acres of Tract 8, described on the tax roll as 21 33 3901 0080 002.0 1. TO HAVE AND TO HOLD the above described premises for a term of one (1) year, commencing on the 19th day of October, 1977 to and including the 18th day of October, 1978. 2. The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the above described premises for the term set out in this Lease for the total rent of Two Hundred Fifty Dollars ($250.00). 3. At the expiration of the term, the Lessee will yield up to Lessor the demised premises in the same condition as they were received. 4. The Lessor shall provide liability insurance in an amount of not less than One Hundred Thousand Dollars ($100,000.00) per occurrence, naming Lessor as a co-insured under said liability insurance policy. 5. Lessee, by acceptance of this Lease, hereby agrees to indemnify and hold Lessor harmless from any damages that may result while Lessee exercises his rights under this Lease and to pay all costs including court costs and reasonable attorneys' fees resulting therefrom. lam 6. The Lessee will not make or suffer.any unlawful or improper use of the premises. Premises are being leased for the purposes of vegetable farming. IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for the purpose herein expressed, the day and year first above written. Signed, sealed and delivered a in•the presence of: BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By William C. Wodtke, Jr /, Chairman *4 h A.A.0eti*Ao Attest: cif(�l/t t - As t County Freda Wright, Cler LESSOR Frank R. Burdick As to Burdick LESSEE 5 p CI 19 1977 . tkm A Foal 2.70 ��':. �Crfi#1C21fC �f �11n11I'2111CC v' FLORIDA FARM BUREAU MUTUAL INSURANCE CO. D SOUTHERN FARM BUREAU CASUALTY INSURANCE CO.] Is. O. BOX 730 GAINESVILLE, FLORIDA 32602 J DATE October 19, 1977 THIS IS TO CERTIFY that the Company named above has issurd polic0es) to the insured name below. If such policylies) are canceled or changed during periodls) of coverage as stated herein, in such a manner as to affect this certificate, --days Written notice will be mailed to the Party de• • signoted below for whom this certificate is issued. DESCRIPTION OF INSURED OPERATION This includes -Indian -River Farms Co. Sub., PBS 2251k, `W 10 Acres of E. 20.54 Acres of Tract 8, Sec. 21, Twp. 33, Rge• 39 PAY TO TH ORDER OF er in FLORIDA NiBST NATIONAL BANS A7 nn.r�cr FOR ►1:0670-06 31�1: H - —ZO—/ 63-636 t922 ''''77 �� 670 F. R. BURDIdK CITRUS �� e,- '. , . �e T 111, LO b 29 LII' BOOK vil PAU 271 J ADMINISTRATOR JENNINGS REPORTED THAT HE AND ENGINEER BEINDORF HAVE REVIEWED THE BID DOCUMENTS SUBMITTED BY COLT INDUSTRIES ON THE CONCRETE SCALE PIT AND PLATFORM, WHICH ARE IN ORDER, AND THEY RECOMMEND THAT THE BID OF COLT INDUSTRIES BE ACCEPTED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF COLT INDUSTRIES, FAIRBANKS WEIGHING DIVISION, FOR A CONCRETE SCALE PIT AND PLATFORM, AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $13,941.00. COMMISSIONER SIEBERT POINTED OUT THAT WE MUST NOW BE PAR- TICULARLY CAREFUL TO ENFORCE THE DUMPING REGULATIONS. THE ADMINISTRATOR AGREED AND SUGGESTED THAT IF THE SHERIFF DOES NOT HAVE AN EXTRA MAN TO ENFORCE THIS, THAT THE BOARD CONSIDER HIRING SOMEONE. COMMISSIONER SIEBERT REQUESTED THAT THE ADMINISTRATOR RE- PORT BACK AT THE NEXT MEETING IN REGARD TO A SPECIAL DEPUTY TO ENFORCE REGULATIONS IN REGARD TO ILLEGAL DUMPING. .JOSEPH MATTHEWS, CDP SYSTEMS MANAGER, CAME BEFORE THE BOARD TO REVIEW HIS PRESENTATION IN REGARD TO EXPANDING THE COMPUTER SYSTEM AND TO ASK FOR AUTHORIZATION TO PLACE A LETTER OF INTENT WITH IBM TO UPGRADE OUR SYSTEM/3 MODEL 10 TO A SYSTEM/3 MODEL 15. HIS LETTER AND PRESENTATION ARE AS FOLLOWS: ACT 191977 . 13 1 MCI L 0 FREDA WRIGHT CLERK. CIRCUIT COURT AND RECORDER P. 0. BOX 1028 VERO BEACH - FLORIDA 32960 October 19, 1977 To: Indian River County Board of County Commissiogers Subject: Model Upgrade of Existing Computer System For some time we have examined the County's Data Processing Requirements for the Board and the Clerk's Office. My decision to become your Systems Manager was based on your decision to meet the County's needs with an in-house approach. 7 respectfully request that you now authorize my first official action which is to place a letter of intent with IBM to upgrade our System/3 Model 10 to a System/3 Model 15. I have attached a draft copy of the proposed letter.. The letter is necessary for the County to obtain the required delivery schedule from IBM. Our work to upgrade the system has begun in earnest and I can assure the Board and the Clerk that our progress will be significant over the next five years. Again, I ask that you authorize me to proceed with the implementation of our long range goals and objectives by providing me with your concurrence in this matter. septi T. Matthews, CDP Systems Manager cc: Clerk of Court County Administrator Finance Director JTM/srk d CT i 91977 4 FREDA WRIGHT X• 41 - a � � q U CLERK. CIRCUIT COURT AND RECORDER P.O. BOX 1028 VERO BEACH - F L O R I D A 32960 (To be dated) DRAFT Mr. Peter Bradish General Systems Division I.B.M. Corporation 7900 North Astronaut Blvd. Cape Canaveral, Florida 32952 Dear Sir: Please take whatever steps are necessary to insure that the equipment at -Attachment A will be available for delivery, if authroized by the Indian River County Board of County Commissioners. This order is contingent upon formal budgetary approval by the Board. We realize that some of the equipment for our upgrade has a lead time of several months. However, with this advance notification, you should have no difficulty in meeting our shipping schedules when approved. Sincerely, Joseph T. Matthews, CDP Systems Manager • I JTM/srk r i • _ i OCT 191977 31 PuM FREDA WRIGHT 1I I CLERK. CIRCUIT COURT AND RECORDER LM P. O. BOX 1028 V E R O BE AC H • FLOR I DA 32960 ATTACHMENT A DESCRIPTION System 3 Model 15 Processor Printer Disk Drives Terminals Programmer's Work Station UHANITY 1 1 2 8 1 R gyp. � ♦ . . fAGEr'd X%J OPTION PAPER The present data processing operation is not really paying it's way.. The work which is now being done by the computer could be done cheaper by hand. We are left with two choices. Unplug the computer and go back to manual systems, or increase our use of this resource. The rationale for choosing the first course of action would be immediate reduction in tangible costs. Several new clerical employees would be required. However, the savings in computer rental and technical staff elimination would more than offset the new salaries and amortization of furniture and floor space expenses. There are several considerations for choosing the second course. If we chose to abandon electronic data processing at this time, we know that a point would be reached in the future when we would be forced to consider it again. If computerization of certain functions is, indeed,.inevitable it is wiser to work the problems while they are small and still manageable. We now have a sizeable. investment in programs and training. It would be inefficient to sacrifice these at this time and duplicate the costs later. The intangible side of the equation should also be considered. Just as we pay for the intangible benefits of insurance, the present systems offer several intangible benefits. Having information sooner often makes the information more accurate and valuable. Providing the Board with better historical data at budget meetings will allow better budgetary control. Helping the Finance Director to control cash balances will allow reduced idle cash and improve interest m-enue from short term investment. Providing better controls will improve audits and provide a safeguarding of taxpayers money Rot available from insurance companies. And perhaps most importantly, increased responsiveness will help us to improve our good relationship with our real employers, the taxpayers. I therefore recommend that the second course of action be chosen. -i- .P OCT 191971 The applications now being performed are: A. Budgetary Accounting B. Clerk's and Board's Payroll C. Sheriff's Payroll D. Jury and Witness Payroll E. Accounting for Traffic Fine Receipts F. Control of Fixed Assets G. Automobile License Tag Processing Each system has room for expansion or Improvement. The possible improvement is, however, restricted by the capacity of our present equipment. Additional areas where we may perform a worthwhile service are County Planning, County Landfill Billing, Utility Billing and Collecting for Urban Development Utilities, Document Recording and Indexing, Criminal Justice, and ,an interface with our present micro -film effort.. Possibilities beyond these may develop when a successful track record can be established. Our present computer system, however, does not have the capacity to tackle some of these possibilities. A second decision, then, is whether to upgrade our present System/3 Model . 10 computer. An upgrade in our data storage and an increase in printer speed would allow us'to handle the Planning and the Utility Billing and Collecting functions. The Document Recording and Indexing function could still not be attempted. There would also be relatively little service which could be provided to the Court area of the Courthouse. I cannot recommend this option. Even with these upgrades we would outgrow this computer within the next five years. Also, the monthly lease payments on this upgraded model (which are subject to inflation) are competitive with monthly amortization schedules for lease/purchase of a larger computer (which we know would fill our needs for at least the next seven to ten years). The loan payments _2- a Ci 191977 JL� would be stable and could not rise with inflation. A third option then is whether to upgrade to a larger model of our present computer, with the possibility of eventual purchase. The purchase versus lease equation yields a far lower price for purchase, so long as interest rates are favorable. A second way to compare lease versus purchase is to calculate the foregone interest expense in place of loan interest. I chose the second method for this comparison because investment interest rates are stabler and easier to predict. Because this third option represents at least a seven year commitment, it can only be considered when a stable situation exists. The people making the decision must feel comfortable with the performance of the equipment, and the department operating it, before this should be feasible. I would not recommend purchase at this time because there have been too many unfulfilled promises in the -.past. What may be considered at this time is a'lease/purchase option. .Under this arrangement the equipment would be leased for one or two years at a price which would be immune from inflation. Approximately sixty percent of our lease payments would go towards eventual purchase. At any point in time we could either purchase the equipment or go on leasing. There are two local precedents for purchase. Both the cities•of Melbourne and Cocoa have purchased the same model computer which I am recommending we lease. The main reason for not selecting this course of action is that direct costs would increase initially if not offset by cost reductions in other areas or by outside revenue. Because the Board has been promised cost reductions before which never materialized these are difficult to count upon too heavily. What may be considered instead is my personal track record and what I have delivered in the past. The Cocoa City Council purchased their System/3 Model 15 computer upon -3- d' i ®CT 191977 s, 0 delivery under the recommendation of our city auditors and myself. We first forestalled the need to enlarge the city payroll by eliminating the need to create at least one new job position. We then went on to eliminate, through attrition, six job positions in four departments. People were simply not replaced when they left. It is interesting to note that while several new job positions were added,.the over-all head count of employees in these departments is the same now in 1977 as it was in 1971 (including the new data processing staff). Many other savings and improvements of a.less tangible nature were also realized. A valuable benefit appeared when representatives of the Customer Service Department handled irate customers by displaying their master records on terminals. The customers (and taxpayers) began to raise their former evaluations of City Hall's efficiency. The Finance Director began checking his cash balance on a terminal each morning and investment revenue increased. Back -logs of manual posting disappeared and records were accurate and up to date. Better information was available at budget hearings to control costs. Yearly audit letters improved. Services were provided and double checking was performed which there had never been time for before. Secondly, at Cocoa approximately seventy thousand dollars per year of revenue was generated by doing utility billing and collecting for the cities of Cocoa Beach and Rockledge, Brevard County, and several small private utility companies. It is my belief that we could make the larger model computer save money in the long run; but let's put the hypothetical aside for a moment and look at hard data. Our present computerwould be outgrown in less than eight years even if no additional applications were added. So, for a worst case test of my recommendation let's compare the lease of our present model computer.(with absolutely no upgrades) for eight years to a lease/purchase of the larger model -4- OCT 191977 � , BOOK I over the same term. Appendix B shows this financial analysis. The average increase in cost, over an eight year period, would be $28,000. This increase in expenditure (even if absolutely no compensating cost reductions occurred) would buy us an extension in capability shown at the right hand column of Appendix A. This increase in expenditure would probably now really be reached. It is my best estimate that even if we attempt no new applications, we would still need upgrades to our present computer. The Analysis at Appendix C shows what the additional cost would be if the present model was upgraded in October of 1980 by increasing data storage capacity and printer speed. The increased cost in this eventuality would be an average of $8,500 per year over an eight year period. It is my personal opinion that, ignoring possibilities of cost reduction or outside revenue, the analysis shown at Appendix C is the more realistic estimate. It would probably not be realistic to upgrade our current computer now to undertake the County Planning and Utility Billing and Collecting functions. As shown at Appendix D, this option would entail the upgrades described above beiiig needed as early as October of 1978. This would make the lease of our present model computer even more expensive than the lease/purchase of the larger model. In case the lease/purchase option is considered, the possibility of changing vendors rather than upgrading our present I.B.M. System/3 computer has also been carefully investigated. My findings in previous analyses dealing with this subject have been re -confirmed. There is no viable alternative which offers sufficient compatibility to avoid a major and costly conversion. In Fiscal Year 1973-74 we spent $1,708,000 on direct personnel expense. Our budget for the 1977-78 Fiscal Year is $3,247,000, an increase in four years of 90%. These increases in personnel expense are the resulta.of several factors. Each year our citizens demand and expect additional and improved services. An increased burden has been placed on the County Court System. State and Federal agencies continue to increase their reporting requirements. As our population increases the -5- d 0 CT J 91977 paper -work stream continues to swell out of proportion. We have begun to bridge this stream of paper with electronic data processing, but we have only gone half way. We stand now with one foot on either bank and we must make a. decision. Shall we cross to the other bank or should we give up, abandon our half constructed bridge, and flounder back to shore? I personally recommend to the Board, with Mrs. Wright's and Mr. Jackson's concurrence, that we upgrade our existing computer and finish the work which has been begun. This will require an additional appropriation not to exceed $50,000 for Fiscal Year 1977-78. The exact amount will be dependent upon the date of delivery. Because these delivery times can easily range out to half a year, it is imperative that we reserve our place in line as soon as possible. IM! 0 APPENDIX A SYSTEM COMPARISON ITEM CONSIDERED CURRENT PROPOSED IMPROVEMENT SYSTEM SYSTEM A. Number of programs which can run simultaneously 1 19 19 times B. Main Memory 16K 1608 10 times additional processor in programmers work none 48K station C. Disk Capacity 1OM8 500 M8 50 times Comparitive Speed 10 times D. Tape Drive (on programmers work station) none 1 E. Diskette Drive 1 2 twice F. Printer Capacity 200 LPM 465LPM twice Additional slave printer none 1 Additional plotter none 1 G. • Terminals none 8 *. • r CT V91977 1977 r BOOK 31 AH ».a'av'z.__ � .. 9 -^ '.'R^..' 1 '.... r , . ;n . ••..^. .'. � .., . � :a •..-•-a ,. � , : a:.-:a�w+d'_ � : meq°>li3S�.'�':.;.. .--'s :ft "%," .. .r �.7a a_ - a 9/3U/77 .,,.."..+RrT, Mw:T'x. �s.�i.w�t..-,-<+-� .. s�:.� ;.s.ramw^...n. vn� 7�y'$+�"R4..:p.•T..",q�':.:`.' :.•vn m.�,�.ayua^w ;•.-ar .r-+w+.rw.w........,n,n.+Nt+ipt wa...zaa^T -: � P EIGHT YLAR FINANCIAL ANALYSIS F PALE 1 MU:VfH MUUFL 10 MUOLL 10 MOOtL 10 I/84 HOUFL 15 MUOFL 15 FUKEGUNt MOULL 15 LtASL Sul, IWAKt IulAL PUWiA�.f MAINZ. SLFTWAKE IM ERLSI TOTAL +++++++++ FISCAL YtAR 1117/la ALKLAUY bUUGETtD ADDITIONAL APPROPRIATION - 44,000.00 FISCAL YEAR 19 77/7b TUTALS - 3v91Uu.0U 93r100.Ou + UCTOBER /b 3.439.95 81.12 3011.07 3.922.15 1.410.00 141.44 1,425.99 69899.54 ,UVLMOER UE4cm hR 3:439.95 3,439.45 bl.12 dt.11 3r IZL.U1 3:521.0/ 3:944.15 3.922.15 1.410.00 L:410.00 141.44 141.44 1,410.56 1,395.18 6rb84,11 6:868.77 JA'iuARY FEaAUAKY 79 3:4!1.95 3,419.•15 bl.ld 61.12 Sr541.U1 3r�11.L1 3:921.15 3:924.15 1:41U.U0 1,41u.00 141.44 14(.44 1.319.11 6,855.36 MA'tGH 3:439.15 91.11 3:511.01 3:921.15 1.41(/.00 141.44 1r3o4.31 1.348.96 4,b3l.16 6:811.55 APi1L hAY 31439.15 dI.IG 3,521.()1 3:992.15 1,41U.UU 141.44 1,333.56 6,bQ1.15 3x439.95 bl.LZ 3:511.07 3:922.15 1,410.00 141.44 1:318.15 6:711.74 JUVc 3.439.95 01.14 3:54L.ul 3,942.15 L,41u.U0 141.44 1:3U2.75 6x116.34 JULY AU.:UST 39439.95 3,439.95 •b1.12 n1.L1 3:511.0/ 3"121.07 3,921.15 3:9kZ.15 1r41u.00 1941G.00 141.44 141.44 1:2d7.35 1,411.94 b,76U.94 SfPItMBER 3,439.95 b1.L2 3,511.01 3:922.15 1"410.00 L4L.44 1x256.54 6:145.53 0.730.1'3 FISCAL YtAk 19 78/79 TOTALS - 42.252.84 8L177d.22 + UCT6d$R 79 3:b63.55 84.36 3x741.91 3,922.15 1:480.50 147.10 1,240.14 6:789.89 .IOjEHbek 3.663.55 u4.36 3,741.91 3,941.15 1.480.50 147.10 1,413.74 b:173.49 uE4tRbbt JA'aUAKY 3:663.55 80 3:bb3 55 b4.36 b4.36 3,741.91 3:741.9i 3,91.2.15 3:924.15 L.4bU.50 L,460.50 147.LU 147.10 1,207.34 1.196.95 0:757.09 FEzAUAAY 3"663.55 b4.36 3:7~1.91 3r 922.15 1r4bU.50 147.10 1,174.45 6,14u.10 6:114.30 hAtUH APi1L 3#bc3.55 :663.55 64.36 b4.36 3r 14/.91 3:747.91 3:922.15 3,922.15 1,460.50 1r4bu.50 141.10 147.10 1,158.15 1.141.'76 60701.90 6,69L.51 MAY JU.vE "663.5i 3"063.55 b4.36 3r 747.91 3.922.15 1,4d0.50 147.10 1:12 .36 0:615.11 JULY 3:063.55 64.36 84.36 3,147.91 3,141.91 3,922.15 3.924.15 1:480.50 1,4b0.50 147.10 147.10 1,106.96 1,092.56 6,656.71 AppouST 3"663.55 64.36 $:747.91 3"922.15 1,48u.50 147.10 1,016.11 b,642.31 6#615.92 SEPTEMBEk 30663.55 a4.3b 3"747.91 3r 922.15 1:4bu.50 147.10 I u59.17 0:609.51 FISCAL YEAR 19 79/80 TOTALS - 44x974.91 63,396.45 + OCT DERa NGYeMBEK 130 3:101.68 d7.73 3,369.41 3:922.15 1:554.53 152.98 1"042.32 6,611.99 UcccMbtA 3:901.68 3:901.68 b7.13 d7.7.1 3"949.41 399.1.41 3:922.15 3,922.15 1:554.53 L:554.53 152.98 152.98 1r 024.86 1:007.41 6,654.52 6,637.0 FJA'AUARY tdAUARY B1. 3.941.68 3,901.a8 b7.13 b7.73 i:9dV.4L 3,999.41 3:922.15 3:922.15 L:554.53 1:554.53 152.98 152.98 989.9b 9'12.50 6.619.62 hAAGr1 3:901.68 07.73 3.989.41 3:922.15 1.554.53 152.48 955.05 6.601.16 6,584.71 APMIL 3,901.68 67.73 3:949.41 3.921.15 1,554.53 152.9d 937.59 6,567.25 MAY JUNE 3,901.68 3.9Ul.bd 87.73 67.73 3"9b9.41 3.964.41 3:9"42.15 3,942.15 1,554.53 1:554.53 152.98 152.9b 920. L4 902.61 6,549.80 b,532.35 JULY AUoUST 3,901.68 3:901.68 87.73 3.909.41 31922.15 1,554.53 152.98 885.23 4,514.89• SEPT HOEK 3,901.68 b7.73 b7.73 3,909.41 3,9d9.41 3r 922.15 3:922.15 1,554.53 1:554.53 152.16 152.9if 867.78 850.33 4:497.44 b:419.99 FISCAL YEAR 19 40/81 TOTALS - 47"872.92 78,911.78 + U``Tl16Ert 81 4,155.29 91.24 4:246.53 3:922.15 1:632.26 159.10 831.75 0.545.26 ut7YinDER LEGc1"BCR 4,155.49 4,155.1.4 91.14 4,246.53 3.922.15 1.632.26 159.10 813.11 0"526.6b 91.24 4r24o.53 3,924.15 1:634.26 159.10 794.59 6:500.10 �A"OAkY 62 4,155.29 91.24 4,'446.53 3:922.15 1,632.26 159.10 776.01 6:499.52. FtOKUAkY 4:155.49 91.24 4:246.53 3x922.15 1.634.26 159.10 157.43 6:470.94 MAir:H 4:155.19 91.24 4,246.5.* 3.924.15 1:632.26 L59.10 738.05 6.452.36 AP3IL 4:155.29 91.24 4"246.53 3.912.15 1.631.26 159.10 720.2d o,433.79 MAY 4.155.19 - 91.24 4,246.53 3:922.15 1.632.26 159.10 701.70 6"4(5.11 Ju -4E 4"155.19 91.24 4:246.53 3.912.15 1r 631.J�6 159.10 683.12 6:396.63 JULY 4, 155.19 91.24 4:146.53 !,924.15 1.631.16 159.10 664.54 61374.05 AU::u$T 4x155.29 91.14 4,24b.53 3,922.15 1,632.26 159.10 645.96 b:359.47 St?TtMBfk 4,L5S.d9 91.24 4,246.53 3r92d.15 1"632.26 159.10 627.313 6,340.89 FISCAL YtAR L9 a1/62 TOTALS - 50,958.36 771316.90 + OCTOBER 82 4,425.38 94.89 4.520.27 3:922.15 1.713.87 165.46 607.61 6r 409.09 nUVSMdtR 40425.38 94.89 4,54'1.27 3:921.15 1:713.67 L65.46 587.83 6:389.31 UkccMOEA 4:425.38 94.89 4,520.27 3,922.15 1.713.87 165.46 56b.06 6.3b9.54 J»luARY FtbituARY b3 4r 425.38 4,425.38 94.89 94.89 4:570.27 4,5G41.27 3,922.15 3:922.15 1,7L3.d7 1:713.87 165.46 545.28 6,349.76 14AA{.ri 4:415.3b 94.69 4,710.27 3,922.15 1,713.87 165.46 165.46 528.50 508.73 6:329.90 6:310.21 APALL 4:425.36 94.89 4:520.27 3r 922.15 1:713.87 165.46 48b.95 6:290.43 MAY 4#425.38 94.89 4r5ZO.27 3,922.15 1,713.d7 165.46 469.17 6r27G.65 JUVE 4"425.38 94.89 4.514.27 3,922.15 1.713.87 161.46 449.40 b:250.84 JULY 4,425.38 14.b9 4:52U.27 3:922.15 1:713.87 165.46 429.62 6.231.10 AUZ.UST 4,425.38 94.49 4.510.27 3:924.15 197L3.d7 165.46 409.65 6.ZL1.33 StritMBER 49425.3b 94.89 4,520.27 3,922.15 1.713.87 165.46 390.07 6,191.55 FISCAL YEAR 19 82/83 TOTALS - 54.243.24 75,603.83 + OCTOBER 8.3 4:713.03 98.69 4x811.72 3.922.15 1,799.56 172.08 369.02 6"262.81 NT,VthbEA 4:713.03 98.69 4"di1.71 3:9222.15 1:799.56 172.08 347.97 6:241.76 i:ECtnbEK 49113.03 98.69 4:811.72 3.922.15 1:799.56 172.08 326.92 6:220.71 JA:4UAKY 84 4:713.03 9b.69 4.8L1.72 3:912.15 1,799.56 172.Od 305.86 6:199.65 FEORUAkY 4:7L3.03 9E.69 4:d11.12 3,924.15 1r 799.56 172.U8 1b4.81 6:118.6Q nAALH 4,713.03 9b.b9 4,d11.72 3:922.15 11799.56 172.0b 263.76 6:157.500 APKIL 4,713.03 98.69 4:011.71 3,912.15 1:799.56 172.08 442.71 0:136.50 MAY 4,7L3.03 98.69 4r 411.72 3:911.15 1,799.56 172.08 221.66 6,115.45 JUNE 4,113.03 98.09 4,811.72 3.911.15 1:799.56 172.08 200.61 6,094.40 JULY 4,113.03 96.69 4,011.74 3:912.15 1:799.56 172.U8 119.56 6.013.35 AU+UST 4:1.13.U3 98.69 4,811.72 3:922.15 1,799.56 172.08 L5b.51 6:052.30 SEPTEMBER 4,113.03 98.09 4,dL1.72 3"922.15 1,799.56 172.08 L31.45 o:031.24 FISCAL YEAR 19 b3/84 TOTALS - 57.740.64 73,764.32 + UCTO6ER 84 5:OI9.38 102.64 5:121.02 39922.t5 1,889.54 L78.96 115.05 6:105.70 ?igVrMbtR 5#.19.3d 107..64 5,1d4.U2 3:922.15 1:889.54 176.96 92.64 a:063.29 OCLtMBEk 5,019.38 102.64 5x112.02 3r 924.15 1 889.54 178.96 10.23 6r06U.86 JA'AUARY b5 5,U19.38 102.64 5,121.01 3,971.15 1,889.54 178.96 47.91 or 036.41 FtdRUAKY 5.019.36 LUZ.64 5rltd.u2 3:911. LY 1,889.54 178.96 15.41 b,0L4.U6 MAnCH 5:UL9.38 101.64 50121.02 3:911.15 1 b89.54 178.96 3.u0 5,993.65 APRIL 5:U19.ld lU1.b4 591ct.U2 Sr 921.15 1rb89.54 178.90 .00 5,990.65 MAY 5:019.3d lu1.6,1 5:112.02 3,912.15 Lxb69.54 178.96 .00 5:9911.65 JOVE 5,u11.38 1U2.64 5,122.u4 3,921.15 1:889.54 118.96 .00 5"490.65 JULY 5,019.38 IGZ .64 5:112.01 3:922.15 1,8!:9.54. 178.96 .00 5:990.65 AU40ST 5.0 1.313 102.64 ,,124.01 3,911.15 1 b64.54 178.96 .UO' 5:990.65 SEPTEMdtK 5,019.38 102.64 S"t11.Od 3:922.15 1,889.54 17d.96 .00 59910.65 FISCAL YcAR 19 b4/85 TOTALS - 61#464.24 729241.95 + tIGHT YEAR TOTALS - 3991207.16' 6231713.45 ++ 6.508 ANNUAL 114FLATIUN APVLILU A+,AIiAST LLASE CBST ' 4.Uu. A.6.UAL 1"ILAII..w APVLILU nuAL.:,T ,UtIWAftT- DOST AYtKAf,E LHANuE 5.007 AN.vUt.l iAFLAiluti -PPL LU 4UA1.ST M I iLNANLE LUST 280U63.49 / YEAH POAt UIINt IN TC.AFSI CALCULATFII UN BASIS OF 5.25% OF U.APAIU JALA.:Ci. U,.PAIU %ALA'oLF LALULAII.0 A•, I14111A1. 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APPEIMIX D is w'.•✓Fm�gP+rar..�x+4+%!o.. -�•s '1 9/3U/71 LIGHT YLAR FINANCIAL ANALYSIS PAGE 1 MU,9IH MUDEL 10 MUUEL LO MUULL lJ 1/84 MODEL l5 MUDEL 15 FUREGUNEUtL M4 15 LtAbt SUFIWAkE IJIAL PUKCl1ASE MAINZ. buFIWAKE INTERLSI UTAL itittiiit FIbCAL YLAR L917/18 ALkLAUY bUUOEItU ADDITIONAL APPKOPkIAIION - 449000.00 FISLAL VLAR 19 77/7d TOTALS - 39,700.00 e3#fOD.00 i UCTJdER T8 5:[47.95 177.12 5,425.07 3:922.15 1#410.00 141.44 1,417.66 69891.25 wvcmUEK 59147.95 1!1.12 5:415.U7 3r 922.15 1:41U.00 141.44 19393.92 6,867.51 DtC�,nuLA. 5,441.95 171 I- 5,415.01 3:91!.15 1,41U.UU 141.44 1,310.19 0#b43.lb JA.4uAAY 79 5114/.95 171.11 i,415.U1 3:911.15 1,41U.UO 141.44 1,346.45 6:81U.04 FbL,AuAKY 5,441.95 11 L 11 5:4L5.u1 3:911.15 1,410.OU 141.44 1,312.12 6s1'ib.31 MA,LaH 5:[47.95 Ill. l[ 59415.01 3:911:15 1:41U -.UO 141.44 11-•id.90 0r7fL.51 APAII 5#141.99 117.11 5:415.41 3, 91-.15 1r 41U.UU 141.44 1,115.25 br 146.44 MAY 5:147.95 111.12 5:415.01 3.9[[.15 1,4LO.UO 141.44 11[51.5► 6:7-5.14 JU,4t S,L4f.95 177.12 5,4-5.()1 3:9-2.15 1.41U.UU 141.44 1.147.70 097.1. I JULY 5.[47.95 111 .11 5,425.07 3:91-.15 1,410.00 L41:44 1.-04.115 6,611.64 AUGUST Sr -47.95 177.11 5,415.07 3,911.15 1,410.00 14144 1IbU.31 6,6i3.9u StYltMbtK 5.147.95 177.14 5.425.U7 3,911.15 19410.OU 141.44 1,156.58 6e63U.17 F/b,.AL YEAR 19 7b/79 TUTALS - 65,100.84 81,128.48 • uCTubER 79 5,5d9.u1 Lb4.LU 5,713.27 3:922.15 1,480.50 147.10 1.131.32 o:6d1.01 NOUViMBEK 5.509. U7 ►04.2u 5:11:.27 3,922.15 1:4dO.50 147.10 1,106..6 0.655.81 utcc.AbEK JASuAKY 5,5d9.Ui 60 5,509. U7 Lb4.ZU L84.2U 5,713.27 5,713.27 3.922.17 3,924.15 1,480.50 147. 0 I1ud0.b0 6:6 1`:55 FtiNuARY 5.5d9.u7 184.20 5:713.27 3:921.15 1#4b0.50 1.48v.50 147:10 147.10 19.55.54 1 030.29 o,6u5.29 6158U.U4 MA"h S.,yb9.u7 104.20 5:713.27 3,922.15 1.4bu.50 147. 1u Ir0u5.03' 6:554.70 AP.(1L' 5.589.U7 164.10 5,713.27 31924. i5 1:480.60 147.10 919.71 6,549.51 MAY 5,989.07 164.Zu 51713.21 3r9c2.15 1r4d0. 0 147.10 954.51 6:5u4.4b JUC#t S.y69.u7 164.40 5,713.27 3,922.15 1,480.5 J. 111.1. 929.25 6.419.44 Ju4Y 59569.07 1b4.Z0 5,713.11 39912.15 114bO.50 147.10 9u4.UU 6.433.75 AUL.JST 5.5b9.u7 164.2u. 5:773.27 3:92[.15 1,480.50 141.10 478.74 u:41o.49 bbeitMdcR 5.589.47 Ld4.20 5.713.27 3992[.15 1#4bU.50 L47.10 653.44 6,401.Z3 FISCAL YEAR 19 79/80 TOTALS - 69,219.24 789505.79 • UCIJBEK 60 5,952.36 191.57 69143.93 3,922.15 1:554.53 152.98 826.60 6.450.26 • NOVcMdER 59.152.36 191.57 6:143.93 3,921.15 1.554.53 152.98 799.72 0,429.38 UE6c"DLA 5,952.36 191.57 6,143.93 3,922.15 1,554.53 152.98 772. b4 6.401.50 JA•#uARY 81 5#952.36 191.51 b:143.93 3:922.15 1:554.53 152.98 745.90 6.375.62 FEoAuARY 5,952.36 191.57 6,143.93 3,921.15 11554.53 152.96 719.08 b, 340.14 MAkjh APR 5,•152.36 5,952.36 191.57 191.57 6,143.93 3,922.15 1.554.53 152.98 692.2u 6.321.66 LL MAY 5,95'.36 19l.57 b1143.9.9 6,143.93 3:922.15 3:912.15 1.554.53 1:554.53 152.98 152.98 665.32 630.44 6,294.98 6.268.10 JUNE 5,95.36 191.57 6:143.93 3,9[2.15 Lr 554.53 152.98 611.50 09Z41.22 JULY. - 5.952.36 1.11.57 x:143.93 3,912.15 1.554.53 152.98 584.68 o,214.34 AI�4UST 5.952.36 191.5.7 6.14'3.93 3,922.15 1.554.53 152.98 55I.eu b:181.46 ' SEPliMbER 5.952.36 ►91.57 6.143.93 39922.15 1,554.53 152.9b 530.92 6.100.5d FISCAL YtAR 19 80/61 TOTALS - 73:727.16 159701.04 i OCIuoEk bl 6,339.26 L99.23 6,53d.49 3:922.15 1.632.26 159.10 542.32 6:2L5.83 ilu✓cMBEK 6,339.16 199.23 6#538.49 3992[.15 1.632.26 159.10 473.71 6.141.22 UECcMeEK 6,339.26 199.23 6,53b.49 3:922.15 t,631.26 159.10 445.11 6,15b.61 JA.ru"RY 62 6,339.26 L99.23 6r53o.49 3:921.15 Lr 631.26 159.LO 416.50 69130.01 FEn.iuARY 6,339.tb 199.23 6,53b.49 3,922.L5 1,632.26 159.10 3b7.09 6,101.40 MAdi.H - 6.339.26 199.23 0r53b.49 3..921.15 1 b32.26 159.LU 359.26 0,011.80 APA1L 6#139.16199.13 6,SJ0 ✓,9 3.92[.15 1:632.26 159.10 33U.bb 6:044.19 MAY 6.339.16 199.23 69530.49 31921.15 1,632.26 159.10 302.Oo 6,U15.59 Jul#[ 6,639.26 .199.23 6:536.49 $:922.15 L,632.26 159.LO 273.47 5,96b.96 199.23 6:53b.49 31922.15 1.632.26 159.10 Z44.bb 5,958.37 AW6.339.[6 Au�UST 6,339.16 199.23 6#53b.49 3,922.15 11632.26 159.10 216.26 5,929.77 SEPTkhbER 6,339.26 L99.43 a 530.49 39912.15 1:632.16 159.10 167.65 5,9.1.16 FISCAL YEAR 19 0L/82 TOTALS - 78:461.88 729701.94 i UCTilbER NOVEABEA 82 6,15L.31 69751.31 207.2u 2U7.du 6,958.51 6,95b.51 3,922.15 3,922.15 1.713.87 165.46 157.21 5.951.69 JtCcMBtil 6:751.31 207.20 br95b.51 3992'[.15 1.713.87 19713.87 165.46 165.46 126.77 96.31 5#928.25 5:897.80 JANUARY 63 69751.31 207.20 6:958.51 3.912.15 1s713.d7 165.46 65.06 5,867.36 Ft6.7_uAkY 6.751.31 Zu7.20 6.956.51 3,922.15 1.713.87 165.46 35.43 5,836.91 MAK�H 6,/51.31 207.10 6.958.51 3,922.15 1,713.b7 165.46 4.99 5:806.47 APRIL 6,151.31 2u7.2u 6:956.51 5:922.15 10713.87 165.46 .00 5r6u1.4b MAY 6,751.31 207.10 6.950.51 31922.15 1,713.01 165.46 .00 5.80►.4b JUNE 6,751.31 2u7.Zu 6:956.51 3.922.15 1.713.81 165.46 .00 59801.4b JULY 6,751.31 107.20 6r95b.51 3r 921.15 1:713:87 165.40 .00 5.d01.48 AUGUST 6,751.31 1U7.20 6.958.51 3:922.15 1#713.81 165.46 .UO 598.1.46 SEPTcMBEk 6.751.31 Zu7.ZO 6,95b.51 3r 922.15 1,713.87 165.46 .00 59801.48 FISCAL YEAR 19 d1/83 TOTALS - 83:502.12 , 70:104.36 t UCTUOER 83 79190.15 Z15.49 7:405.64 3#924.15 1:799.56 172.08 .00 5:893.79 NUVcMOE,4 7.190.15 215.49 71405.64 39922.15 1r 799.56 172.08 .00 5r 893.79 GECthBEK T9190.L5 [15.49 7#4.5.64 39922.25 19799.56 172.08 .Ou 5:d93.79 JANUARY 84 79190 .15 215.49 7,405.64 '1,9[1.15 1,799.56 172.06 .00 5,893.79 FEBRUARY. 7,L90.15 215.49 7.405.64 31922.15 10799.56 172.08.UU 59893.79 MARCH 79L9U.15 215.49 1.4J5.64 3,922.15 11799.56 172.08 .00 59893.79 APRLL 1,190.13 215.49 794()5.04 3.924.15 1.799.56 172.u8 .UJ 5:b93.79 MAY 7.190.L5 215.49 1,405.64 3;921.15 1r 799.56 172.08 .UO 5#493.79 • JUINE 7,190.15 215.49 7.4u5.64 3.922.15 19799.56 1T2.u8.00 5:893.79 JULY 71190.15 215.49 7r4u5.64 3:92-.15 L,799.56 172.06 .OU 51893.19 AUGUST 7#190.15 215.49 7,4U5.64 39922.15 1.799.56 172.08 .00 5:893.79 SEP ItMbcK 7,L90.15 215.4-3 1 4J5.64 3:941. 15 11799.56 L72.u8 .00 5,493.79 FISCAL YEAR 19 83/84 TOTALS - 88,867.68 10,125.48 t UCTUbER 64 7#657.51 224.11. 7,881.62 3,922.15 1,889.54 176.96 .00 5.990.65 NUVcMbEk 7#657.51 Y24.t1 79861.62 3:921.15 1,689.54 178.96 .00. 59990.65 DECchbtK 7,657.51 214.11 7:0o1.6/ 31921.15 1,889.54 17b.96 .Ou 5:99U.65 JA•WARY 85 1.057.51 114.11 1,d81.62 3e9Z2.15 I889.54 178.96 .00 5.940.65 Fk Q,%UAKY 79657.51 1"[4.11 7:do1.6Z. 3.91[.15• 1,885.54 L78.96 .OU 59990.65 MA -CH 7:657.51 214.11 1x881.62 3r 921.15 11889.44 178.96 .00 5:990.65 APRLL 7:657.51 214.11 7.801.02 3.92-.15 1:b89.54 178.96 .OU 5:990.65 MAY 1,U51.51 "4. 11 798d1.61 3:911.15 1:bH9.54 118.96 .UO 5:99U.65 Juit 7,657.51 /24.11 1.801.62 3,•11[.15 1r 889.54 178.96 .Ou 5,940.65 JULY 7,651.51 -24.11 1rb01.6Z 3.912.15 1,889.54 118.96 .00 5.990.65 AUUJST 7#657.51 214.11 7,661.61 3,9--.15 1,889.54 176.96 .uu 5:990.65 StPELMbER 7,657.51 1Z4.1L 7:edl.b2 3991[.15 1,b89.54 178.96 .00 5,990.65 FISCAL YLAR 19 84/85 TOTALS - 949519.44 71,887.80 i EIGHT YEAR TOTALS - 593.218.36• 604,454.89 0.509. ANNUAL INFLATIu'4 APPLILU AGAINST LLASE OUST 4. Uu± AN.4UAL INrLAiIu.J wYPLLtO AoAI.#�T �utIKAPL COST AVERAGE CHANGE5.0u. A....UAL 1141-LATIu I APPL1tU AuA14�.1 •MAINtLUANCE OUST 194U4.51 / YtAK • FUKcvUt:t INTLKLSI CALLULATEU IiN .ASIS OF 5.25% OF UWAI0 dALA.4LL. UN✓AlU bALA'.CL LALULAttI) (.S INI I l,,L LASH UUILAY FUK PUKUhASt 1+I,+uS LLA4L PAYfrt141 WHICH wuUlu HAVL• btLN • PAI. Uul UN MUucL IU. BOOK e � MR. MATTHEWS SAID HE FELT ALL INDICATIONS POINT TO EXPAND- ING THE SYSTEM AND HE WOULD LIKE TO HAVE THE BOARDS CONCURRENCE TO WRITE A NON-BINDING LETTER TO IBM TO HOLD OUR PLACE IN LINE IF WE DECIDE TO GO THIS WAY. COMMISSIONER LOY ASKED IF HE HAD REASON TO BELIEVE THAT SUCH A LETTER WOULD BE SUFFICIENT TO HOLD OUR PLACE IN LINE AND THAT IT WOULD TAKE SIX TO EIGHT MONTHS TO OBTAIN THIS PIECE OF EQUIP- MENT. MR. MATTHEWS AGREED THAT THESE STATEMENTS WERE BOTH CORRECT. COMMISSIONER LOY ASKED WHETHER THERE WOULD BE ANY PROBLEM WITH CANCELING THE ORDER IF OUR THINKING SHOULD CHANGE IN THE INTERIM. MR. MATTHEWS STATED THAT THIS TYPE OF LETTER IS NOT BINDING IN ANY WAY, AND POINTED OUT THAT IBM CANT SHIP ANY PIECE OF EQUIP- MENT UNTIL THEY RECEIVE FORMAL NOTIFICATION -THAT IT HAS BEEN APPROVED. COMMISSIONER SIEBERT ASKED IF THIS PIECE OF EQUIPMENT NEEDS TO BE PUT "ON LINE" DURING THE CURRENT FISCAL YEAR AS IT IS A NON - BUDGETED ITEM. MR. MATTHEWS STATED THAT HE FEELS WE SHOULD MOVE AS QUICKLY AS POSSIBLE IN ORDER TO AVOID WASTING ANY MONEY. COMMISSIONER SCHMUCKER REQUESTED THAT MR. MATTHEWS EXPLAIN EXACTLY HOW MUCH MORE THIS NEW EQUIPMENT WILL,BE PER MONTH, MR. MATTHEWS SAID THAT HE HAD RUN OFF HIS ANALYSIS BASED ON A DECEMBER DELIVERY, BUT NOTED THAT THE OPTIMUM ADDITIONAL COST WOULD BE ABOUT $44,000 FOR A NINE MONTH PERIOD. HE FURTHER NOTED DELIVERIES ARE NOW OUT INTO APRIL AND MAY. CHAIRMAN WODTKE INQUIRED ABOUT THE PROPOSED EIGHT TERMINALS, AND MR. MATTHEWS STATED THAT THEY WOULD COST A TOTAL OF $$,000 AND HE ANTICIPATED PUTTING ONE IN FINANCE, ONE IN RECORDING AND ONE IN THE COURT SYSTEM; ALTHOUGH HE WOULD AT FIRST BRING IN ONLY TWO. COMMISSIONER SCHMUCKER INQUIRED WHETHER THERE IS SUFFICIENT PERSONNEL AT THE PRESENT TIME TO HANDLE THIS, AND MR. MATTHEWS FELT THAT THERE IS. COMMISSIONER SIEBERT ASKED ABOUT A POTENTIONAL REDUCTION OF PERSONNEL IN THESE AREAS. MR. MATTHEWS STATED THAT HE DID NOT ANTICIPATE LETTING ANY- ONE GO, BUT FELT THE EXPANDED SYSTEM WOULD FORESTALL THE NEED TO HIRE ADDITIONAL PERSONNEL'AS WE BECOME MORE AND MORE DELUGED WITH PAPERWORK. 27 OCT 191977 . aoox 31 faun 286 a COMMISSIONER LOY ASKED WHETHER THE PROPOSED EXPANSION IS MERELY AN UPGRADING IN ORDER TO BE IN A POSITION TO HANDLE THE ADDI- TIONAL WORK AND WHETHER WE WOULD STILL BE ABLE TO USE EVERYTHING WE HAVE NOW. MR. MATTHEWS STATED THAT IS CORRECT AND NOTED THAT HE HAS MADE THIS SAME UPGRADE BEFORE AND IT IS A VERY SIMPLE PROGRAM. HE INFORMED THE BOARD THAT THE PROGRAMS WRITTEN ON THE COMPUTOR WE HAVE NOW WILL GO DIRECTLY TO A NEW COMPUTER. THIS SYSTEM ISNOT IN "COBALT." COMMISSIONER SIEBERT BROUGHT UP THE MATTER OF DISCUSSING THIS PROPOSED EXPANSION WITH THE OTHER CONSTITUTIONAL OFFICERS, AND CHAIRMAN WODTKE STATED THAT THE PROPERTY APPRAISER HAS INDICATED AN INTEREST AND EVEN WENT SO FAR AS TO REQUEST THAT THE COUNTY NOT MAKE ANY LONG TERM COMMITMENTS WITHOUT TALKING TO HIM IN REGARD TO HIS FUTURE NEEDS. THE CHAIRMAN SUGGESTED THAT ONE COMMISSIONER, THE CLERK OF CIRCUIT COURT, AND MR. MATTHEWS MEET WITH THE PROPERTY APPRAISER TO DISCUSS THIS MATTER, AS HE FELT IT WOULD BE FOR THE BENEFIT OF THE TAXPAYER. 'CHAIRMAN WODTKE CONTINUED THAT, WITH THE UNDERSTANDING THAT WE ARE NOT PLACING AN ORDER, HE FELT WE COULD SEND OUT THE LETTER OF INTENT. COMMISSIONER SIEBERT STATED THAT HE NEEDS A LITTLE MORE .CONVINCING THAT THE URGENCY OF THIS IS SUCH THAT IT HAS TO COME UNDER THIS YEAR S BUDGET, AND HE WOULD LIKE TO HAVE SOME TIME TO DISCUSS THIS MORE THOROUGHLY WITH MR. MATTHEWS. MR, MATTHEWS SAID THAT HE IS AVAILABLE TO REVIEW THIS AND HE FELT TOUCHING BASE WITH MR. LAW COULD TAKE SEVERAL MORE WEEKS. HE NOTED THAT HE WOULD LIKE TO ISSUE HIS DRAFTED LETTER, IF POSSIBLE. COMMISSIONER SCHMUCKER•NOTED THAT HE IS NOT COMPLETELY SOLD ON HOW THEY ARE GOING TO TAKE ADVANTAGE OF THE BIGGER COMPUTER, ESPECIALLY WITHOUT ADDITIONAL PERSONNEL. OUT 19 19,11-71 31 PAU'2307 CHAIRMAN WODTKE REQUESTED THAT MR. MATTHEWS COME UP WITH A SCHEDULE AS TO THE EXISTING PROGRAMS AND WHAT THEIR FUNCTIONS WOULD BE WHEN THEY GO "0 N LINE" AND ALSO FUTURE PROGRAMS SO THE BOARD CAN HAVE AN IDEA OF WHAT CAN BE DONE. COMMISSIONER LOY FELT WE WILL HAVE TO RESPOND TO THE WISHES OF THE COMMISSIONERS FOR ADDITIONAL TIME AND THAT WE ALSO NEED TO RESPOND TO THE PROPERTY APPRAISER'S INTEREST, BUT SHE ADVISED THAT WE NOT "DILLY-DALLY" SO LONG THAT WE LOSE ALL OF OUR LEAD TIME AS FAR AS ACTUALLY PLACING AN ORDER THAT CAN BE CANCELED. CHAIRMAN WODTKE INFORMED MR. MATTHEWS THAT THE BOARD WOULD LIKE TO HOLD OFF ON AUTHORIZING THE LETTER OF INTENT UNTIL MR, MATTHEWS CAN HAVE A PRELIMINARY DISCUSSION WITH THE PROPERTY APPRAISER. HE STATED THAT THIS MATTER WILL BE PUT BACK ON THE AGENDA FOR THE NEXT MEETING. CHAIRMAN WODTKE INFORMED THE BOARD THAT LEE NUZIE, DIRECTOR OF CIVIL DEFENSE, WISHES TO ATTEND A CENTRAL FLORIDA AREA CIVIL DEFENSE MEETING IN.WILDWOOD AND HAVE ONE OF HIS VOLUNTEERS ACCOMPANY 1� MOTION WAS MADE BY COMMISSIONER LOY, SECONDED BY COMMIS- SIONER DEESON, TO APPROVE OUT -OF -COUNTY TRAVEL FOR CIVIL DEFENSE DIRECTOR, LEE NUZIE, AND ONE OF HIS VOLUNTEERS TO ATTEND THE CENTRAL FLORIDA AREA CIVIL DEFENSE MEETING IN WILDWOOD ON OCTOBER 26, 1977. COMMISSIONER SCHMUCKER STATED THAT HE DID NOT FEEL THE BOARD SHOULD PAY FOR THE VOLUNTEER TO ACCOMPANY MR. NUZIE. COMMISSIONER LOY NOTED THAT THEY WOULD BE TRAVELING IN THE SAME CAR AND SHARING A ROOM, SO THIS WOULD AMOUNT TO VERY LITTLE. THE CHAIRMAN CALLED FOR THE QUESTION. COMMISSIONER LOY, SIEBERT, DEESON, AND CHAIRMAN WODTKE VOTED IN FAVOR. COMMISSIONER $CHMUCKER VOTED IN OPPOSITION. THE MOTION CARRIED. ATTORNEY SAMUEL BLOCK APPEARED BEFORE THE BOARD REPRESENT- ING NUMEROUS RETAIL LIQUOR BUSINESSES IN THE COUNTY TO REQUEST A PUBLIC HEARING IN REGARD TO EXTENDING THE SALE OF ALCOHOLIC BEVERAGES IN THE COUNTY ONE ADDITIONAL HOUR. HE PRESENTED A PETITION CONTAIN- ING SIGNATURES OF APPROXIMATELY 40 BUSINESSES IN THE COUNTY. 0 OCT 191977 mfl Sao 31 P�vr 28$ M PETITION TO THE HONORABLE BOARD OF COUNTY COMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. We, the undersigned owners and/or operators of business I establishments which sell and dispense alcoholic beverages within Indian River County, are desirous of the consideration of the Board of County fCommissioners of Indian River County, Florida in changing the ordinance of said County relating to the time of closing of such establishments. At the present time, this time is set at 1:00 a.m. and we feel it would be in the best interests of our industry that this time be extended until 2:00 a.m. We would appreciate your giving consideration and attention to a change in the ordinance of Indian River County, Florida as above set forth. ILI fi U 4 " - n f l �� OCT 1919`17 1 Ma 31.4ou PETITION TO THE HONORABLE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. We, the undersigned owners and/or operators of business establishments which sell and dispense alcoholic beverages within Indian River County, are desirous of the consideration of the Board of County Commissioners of Indian River County, Florida in changing the ordinance of said County relating to the time of closing of such establishments. At the present time, this time is set at 1:00 a.m. and we feel it would be in the best interests of our industry that this time be extended until 2:00 a.m. We would appreciate your giving consideration and attention to a change in the ordinance of Indian River County, Florida as above set forth. OCTti977- Po6` -2 -2 aQtc2.90j PETITION W TO THE HONORABLE BOARD OF COUNTY COMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. We, the undersigned owners and/or operators of business establi3hments which sell and dispense alcoholic beverages within Indian ` River County, are desirous of the consideration of the Board of County Commissioners of Indian River County, Florida in changing the ordinance of said County relating to the time of closing of such establishments. At the present time, this time is set at 1:00 a.m. and we feel it would be in the best interests of our industry that this time be extended until 2:00 a.m. We'would appreciate your giving consideration and attention to a change in the ordinance of Indian River County, Florida as above set forth. f CT 191977. BOOK 31 PAcr 291 .11 PETITION C—OU N 7-,V CX rA f" eo,) eA -1, ZU 3.14 TO THE HONORABLE= ---- FLORIDA: We, the undersigned owners and/or operators of business establish- -,V b /h � ments which sell and dispense alcoholic beverages within are desirous of the consideration of the City Council of said City in a change of the ordinance of said City relating to the time of closing of such establishments. At the present time, this time is set at 1:00 a.m. and we feel it would be in the best interests of our industry that this time be extended until 2:00 a.m. We would appreciate your giving consideration and attention to a change in the . ordinance of the City of Vero Beach as above set forth. CCT 191977 - ' BOOK 31 SASE 292 ATTORNEY BLOCK INFORMED THE BOARD THAT HIS CLIENTS CONSIST OF MOTELS, HOTELS, LOUNGES AND RESTAURANTS, AND THEY EMPLOY IN THE NEIGHBORHOOD OF 780 EMPLOYEES, WHOSE GROSS WEEKLY WAGES AMOUNT TO $72,000, AND PAY MONTHLY UTILITY BILLS AND SALES TAX AMOUNTING TO 1.7 MILLION DOLLARS. ATTORNEY BLOCK NOTED THAT QUITE A FEW OF THE OWNERS AND OPERATORS HAVE BECOME INVOLVED IN COMMUNITY AFFAIRS, AND THERE HAVE BEEN A MINIMUM OF PROBLEMS WITH THIS INDUSTRY IN THE COMMUNITY. HE STATED THAT THEY ARE NOT NOW TALKING OF THIS MERITS OF THE SITUA- TION, BUT MERELY DESIRE THE BOARD TO PROVIDE THEM WITH A PUBLIC.FORUM WHERE THEY CAN PRESENT THEIR SIDE AND THEN HEAR FROM THE COMMUNITY. COMMISSIONER SCHMUCKER STATED THAT HE IS WILLING TO HAVE A PUBLIC HEARING ON THIS MATTER. COMMISSIONER LOY NOTED THAT THIS BOARD HAS ALWAYS BEEN EX- TREMELY LIBERAL IN GRANTING PUBLIC HEARINGS, BUT SHE FELT UNLESS ATTORNEY BLOCK HAS SOME VERY GOOD REASON THAT MAKES THIS INDUSTRY SO COMPLETELY DIFFERENT FROM ANY OTHER IN THE COUNTY, SHE WOULD PREVAIL UPON HIM NOT TO MAKE THE BOARD PUT THE COMMUNITY THROUGH THIS AGAIN. ATTORNEY BLOCK STATED THAT THIS INDUSTRY IS DIFFERENT; THEY ARE RESTRICTED BY A 1 O'CLOCK A.M. CLOSING HOUR. HE POINTED OUT THAT THE LEGISLATURE HAS NOW CHOSEN TO TAX.THE CIGARETTE AND LIQUOR INDUSTRY TO MAKE UP A DEFICIT IN THE BUDGET, AND, THEREFORE, THESE OWNERS DO HAVE PROBLEMS. HE CONTINUED THAT THESE TAX FUNDS GO INTO THE SCHOOLS AND COME DIRECTLY BACK TO US, AND HE FEELS THAT THESE PEOPLE HAVE A RIGHT TO PRESENT THEIR PROBLEMS TO THE BOARD AND THE PUBLIC. ATTORNEY BLOCK NOTED THIS HAS BEEN A CLEAN INDUSTRY AND THERE HAVE BEEN NO PROBLEMS WITH ENFORCEMENT. COMMISSIONER Loy POINTED OUT THAT THE PEOPLE IN THIS IN- DUSTRY CHOSE IT EVEN THOUGH THEY KNEW IT IS HIGHLY REGULATED, BUT STATED SHE WOULD NOT VOTE AGAINST A PUBLIC HEARING IF THE OTHER BOARD MEMBERS WANT IT. 34 CT 191977. RON 293 ON MOTION MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS— SIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE A PUBLIC HEARING IN REGARD TO CHANGING THE ORDINANCE TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES IN THE COUNTY FOR ONE ADDITIONAL HOUR; THE PUBLIC HEARING TO BE HELD ON THURSDAY, NOVEMBER 17TH AT 3:00 P.M. THE HOUR OF 11:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY 4 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 In the matter of G in the Court, was pub- lished in said newspaper in the issues of -C-2 -� e.f , /--?, 19"7 7 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisernent, and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this qday ofC, - /_ - A.D. 197-7 OCT 191977 (Business (Clerk of the Circuit Court, Indian River 1 35 Florida) NOTICE PLEASE BE ADVISED that on October 19, 1977, at 11:00 o'clock A.M. in the County Commission Meeting Room of the Indian River, County Courthouse, the Board of County Commissioners of Indian River County, Florida, will hold a public hearing for the purposes of: Obtaining public input prior to passage of a County Resolution Establishing a Franchise with Florida Power & Light Co. and Setting Franchise Fees within the Resolution YOU ARE HEREBY NOTIFIED THAT THE COUNTY'S ACTION OF ESTABLISHING A FRANCHISE AND CHARGING FEES WILL NOT INCREASE YOUR UTILITY BILLS. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By: William C. Wodtke Jr., Chairman Oct. 12,1977. a ATTORNEY COLLINS STATED THAT IN GOING OVER THIS MATTER WITH THE BOARD PREVIOUSLY, ONE STATEMENT HE MADE WAS INCORRECT. HE HAD SAID THAT IN THOSE COUNTIES THAT DO NOT ASSESS A FRANCHISE FEE, FLORIDA POWER & LIGHT BENEFITED BY THAT MARGIN DIRECTLY AND THAT STATEMENT NEEDS TO BE MODIFIED BECAUSE FP&L, ALTHOUGH THEY PROVIDE IN THEIR RATE SCHEDULE FOR A FRANCHISE FEE IN THE COUNTIES WHERE THEY ARE NOT ASSESSED,THE SAME MONIES ARE USED TO PAY FRANCHISE FEES IN OTHER COUNTIES AND THE MONEY DOES NOT NECESSARILY GO INTO THE COFFERS OF THE COMPANY. THE ATTORNEY INFORMED THE BOARD THAT HE HAS SUGGESTED ONE CHANGE IN THE PROPOSED RESOLUTION. THIS CHANGE, WHICH FP&L HAS AGREED TO, IS IN SECTION 9 AND CHANGES "LOCAL GOVERN- MENTAL ENTITY" TO "COUNTY." TED BLOUNT OF FLORIDA POWER & LIGHT LEGAL AFFAIRS WAS PRE- SENT WITH HARRY SCHINDEHITTE, DISTRICT MANAGER. MR. BLOUNT INFORMED THE BOARD THAT THE PUBLIC SERVICE COMMISSION VOTED ON MONDAY TO OPEN A DOCKET ON THE QUESTION OF WHETHER OR NOT THE METHOD OF CHARGING FRANCHISE EXPENSES TO FP&L CUSTOMERS SHOULD BE CHANGED. MR. BLOUNT EXPLAINED THAT AT THE PRESENT TIME FP&L HAS OVER 160 FRANCHISES. THE FEES THAT THEY PAY REPRESENT A CERTAIN OPERATING EXPENSE, AND 3.7o OF THE AMOUNT BILLED EACH CUSTOMER REPRESENTS THEIR FRANCHISE EXPENSE. HE STATED THAT THE PSC IS CONSIDERING CHANGING THAT METHOD SO THAT RATHER THAN EACH CUSTOMER PAYING 3.7% THROUGHOUT THE ENTIRE FP&L SYSTEM, THE SPECIFIC AMOUNT OF THE FRANCHISE COST IN A FRAN- CHISE AREA WOULD BE PASSED ONTO THE CUSTOMERS IN THAT PARTICULAR AREA, I.E., IN AREAS WHERE NO FRANCHISE EXISTS, THE CUSTOMERS WOULD PAY NO FRANCHISE FEE AT ALL AND IN AREAS WHERE FRANCHISES DO EXIST, THE CUSTOMERS WOULD PAY,THE EXACT AMOUNT OF FP&L'S EXPENSE FOR THAT PARTICULAR FRANCHISE. CHAIRMAN WODTKE ASKED IF THE 3.7% NOW CHARGED EACH CUSTOMER INCLUDES ADMINISTRATIVE COSTS FOR BILLING AND COLLECTING, AND MR. BLOUNT STATED THERE IS NO ADMINISTRATIVE EXPENSE INCLUDED; THAT THE 3.7% IS SIMPLY THE TOTAL OF ALL FRANCHISE FEES THEY PAY. COMMISSIONER DEESON ASKED WHEN THEY EXPECT A RULING FROM THE PUBLIC SERVICE COMMISSION. k-1 OCT Box 31 PAGE 295 4 MR. BLOUNT STATED THAT HE DOES NOT KNOW AND NOTED THAT UNDER THE PRESENT METHOD, IF THEY WERE TO ENTER INTO THE AGREEMENT IN REGARD TO A FRANCHISE FEE, THERE WOULD BE NO IMMEDIATE IMPACT ON THE 3.7% CHARGE. HE POINTED OUT THAT IF THE METHOD SHOULD CHANGE, THAT WOULD HAVE SOME SIGINIFICANCE FOR INDIAN RIVER COUNTY CUSTOMERS. COMMISSSIONER SIEBERT ASKED THE REASON FOR THE CHANGE OF THE WORDING OF THE RESOLUTION FROM "LOCAL GOVERNMENTAL ENTITY" TO "COUNTY." MR. BLOUNT STATED THAT THERE IS SOME MINOR DISTINCTION IN THE FRANCHISE FEE FORMULA FOR COUNTIES AND MUNICIPALITIES. COMMISSSIONER DEESON ASKED IN'WHAT OTHER COUNTIES THEY HAVE FRANCHISES, AND MR. BLOUNT REPLIED DADE, BROWARD, SARASOTA AND BREVARD COUNTIES. COMMISSIONER SCHMUCKER STATED HE WOULD LIKE TO SEE THE PUBLIC HEARING POSTPONED TO SEE WHAT THE PSC IS GOING TO DECIDE.- HE POINTED OUT THAT ONLY FOUR COUNTIES ARE DOING THIS NOW, AND STATED THAT HE IS CONCERNED ABOUT WHAT THE IMPACT WILL BE WHEN NUMEROUS COUNTIES FALLOW SUIT. ATTORNEY COLLINS POINTED OUT THAT THERE IS A BUILT-IN SAFE- GUARD BECAUSE FP&L HAS TAKEN THE POSITION THAT -A COUNTY HAS TO HAVE A SPECIAL ACT OR THEY CAN'T IMPOSE THIS FEE. WE WERE FORTUNATE TO HAVE. HAD SUCH AN ACT, AND THE ATTORNEY FELT THIS ACT MAKES IT SELF-LIMITING. COMMISSIONER SIEBERT STATED THAT HE WOULD BE WILLING TO CON- SIDER RESCINDING THE PROPOSED RESOLUTION IF THE PSC MAKES A CHANGE, AND FURTHER NOTED THAT IT COULD TAKE THE PSC A VERY LONG TIME TO MAKE A DECISION. COMMISSIONER DEESON AGREED WITH COMMISSIONER SIEBERT, NOT- ING THAT THE TAXPAYERS ARE PAYING A FEE AT THE PRESENT TIME AND GET- TING NOTHING IN RETURN. COMMISSIONER LOY ASKED HOW LONG HAS FP&L BEEN CHARGING THE FRANCHISE FEE IN INDIAN RIVER COUNTY. MR. BLOUNT ANSWERED THAT FRANCHISE FEES HAVE BEEN TREATED AS AN OPERATING EXPENSE OVER THE PAST 30 OR 40 YEARS, BUT IT HASN'T BEEN SHOWN ON THE BILL UNTIL LAST YEAR. 37 f a - CHAIRMAN WODTKE ASKED IF THE RESOLUTION WERE ADOPTED, WHEN IT WOULD BECOME EFFECTIVE. ATTORNEY COLLINS STATED THAT FP&L HAS 30 DAYS TO ACCEPT„THE RESOLUTION AFTER IT IS MAILED TO THEM, AND UPON ACCEPTANCE BY THEM, IT WOULD BECOME EFFECTIVE. COMMISSIONER $CHMUCKER STATED THAT IT BOTHERS HIM THAT FP&L CAN LEVY A TAX IN INDIAN RIVER COUNTY TO PAY OTHER FRANCHISE FEES. MR. BLOUNT AND MR. $CHINDEHITTE POINTED OUT THAT FRANCHISE FEES ARE NOT CONSIDERED TO BE TAXES; THAT THEY ARE OPERATING EXPENSES JUST LIKE THOSE OF ANY OTHER COMPANY. COMMISSIONER Loy COMMENTED THAT IF THE PSC SHOULD MAKE A CHANGE IN THE METHOD OF CHARGING FRANCHISE FEES, WE CAN CERTAINLY RESCIND OUR RESOLUTION, BUT SHE FELT WE HAVE AN OPPORTUNITY TO SECURE ADDITIONAL FUNDING FOR THE PEOPLE OF THIS COUNTY. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.- ON EARINGON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy, COMMISSIONER $CHMUCKER VOTED IN OPPOSITION, THE BOARD ADOPTED RESOLUTION N0. 77-104 GRANTING FP&L AN ELECTRIC FRANCHISE. 4 OCT J91977 Bm 31 fA,r2'97 c RESOLUTION NO. 77- 104 A RESOLUTION GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE IN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY, FLORIDA; IM- POSING PROVISIONS AND CONDITIONS RELATING THERETO; PROVIDING FOR PAYMENTS BY THE FRANCHISEE TO THE COUNTY; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: Section 1. That there is hereby granted to Florida Power & Light Company (herein called the "Grantee"), its successors and assigns, the non-exclusive right, privilege or franchise to construct, maintain, and operate in, under, upon, over and across the present and future streets, alleys, bridges, easements and other public places throughout all the unincorporated areas of Indian River County, Florida, (herein called the "Grantor"), and its successors, in accordance with established practice with respect to electrical construction and maintenance, for the period of thirty (30) years from the date of acceptance hereof, electric light and power facilities (including conduits, poles, wires and transmission lines, and, for its own use, telephone and telegraph lines) for the purpose of supplying electricity to Grantor, and its successors, the inhabitants thereof, and persons and corporations beyond the limits thereof. Section 2. That the facilities shall be so located or relocated and so erected as to interfere as little as possible with traffic over said streets, alleys, bridges, and public places, and with reasonable egress from and ingress to abutting property. The location or relocation of all facilities shall be made under the supervision and with the approval of such representatives as the governing body of Grantor may designate for the purpose, but not so as unreasonably to interfere with the proper operation of Grantee's facilities and service. That when any portion of a street is excavated by Grantee in the location or relocation of any of its facilities, the portion of the street so ®C� 91977 _ . Booth �v excavated shall, with a reasonable time and as early as practicable after such excavation, be replaced by the Grantee at its expense, and in as good condition as it was at the time of such excavation. Provided, however, that nothing herein contained shall be construed to make the Grantor liable to the Grantee for any cost or expense in connection with the construction, re- construction, repair or relocation of Grantee's conduits, poles,. towers, and appurtenances thereto in streets, highways and other public places made necessary by the widening, grading, paving or otherwise improving by said Grantor, of any of the present and future streets, avenues, alleys, bridges, highways, easements and other public places used or occupied by the Grantee, except, however, Grantee shall be entitled to reimbursement of its costs as may be provided by law. Section 3. That Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by Grantee of its facilities hereunder, and the acceptance of this Resolution shall be deemed an agreement on the part of Grantee to Indemnify Grantor and hold it harmless against any and all liability, loss; cost, damage, or expense, which may accrue to Grantor by reason of the neglect, default or misconduct of Grantee in the construction, operation or maintenance of its facilities hereunder. Section 4. That all rates and rules and regulations established F by Grantee from time to time shall be at all times reasonable and Grantee's rates for electricity shall at all times be subject to such regulation as may be provided by law. Section 5. That no later than sixty (60) days after the first anniversary date of this grant and no later than sixty (60) days after each succeeding anniversary date of this grant, the Grantee, its successors and assigns, shall have paid to the Grantor and its successors an amount which added to the amount of all taxes as assessed, levied, or imposed (without regard to any discount for early payment or any interest or penalty for -2- =I BOOK 31 pru 299 i ® CT 3.91977. M late payment), special assessments, licenses, excises, fees, charges and other impositions of any kind whatsoever (except the County school tax and the taxes for County school districts levied under Article VII, Section 9, of the Constitution of the State of Florida as constituted on the date of this grant and except amounts for assessments for special benefits, such as sidewalks, street paving and similar improvements) levied or Imposed upon the Grantee's electric property, business operations, and those of Grantee's electric subsidiaries within Indian River County, Florida, by the Grantor for itself, or for the benefit of any other general or special public or other governmental body located in whole or in part within the limits of Indian River County, Florida, or so levied or imposed by or under any authority other than municipalities for the benefit of any general or special public or other governmental body, located in whole or in part within the limits of Indian River County, Florida, including the Grantor, for the preceding tax year, will equal six percent (616) of Grantee's reve- nues from the sale of electrical energy to residential, commercial and Industrial customers within the unincorporated areas of Indian River County, Florida, for the twelve (12) fiscal months preceding the applicable anni- versary date. In calculating the amount which Grantee shall have paid Grantor no later than sixty (60) days after the first annual date of this grant, revenues from the sale of electrical energy to residential, commercial and Industrial customers during the first fiscal month after the effective date of this grant shall be excluded. Nothing herein shall be construed to be a, limitation on the assessment and collection of valid taxes, special assessments, licenses, fees, charges or other impositions by the Grantor or other public or governmental body on or from the Grantee in excess of such six percent (6%) amount. -3- BOOK 31 PAGE 300 Section 6. Payments of the amount to be paid to Grantor by Grantee under the terms of Section 5 hereof shall be made in estimated monthly installments. The eleven (11) monthly installments for the first twelve (12) fiscal months of this grant shall commence one hundred twenty (120) days after the effective date of this grant. For each succeeding twelve (12) fiscal months of this grant, the twelve (12) monthly installments shall commence ninety (90) days after the grant's anniversary date. Each estimated monthly installments shall be calculated on the basis of ninety percent (90%) of Grantee's revenues (as defined in Section 5) for the monthly billing period ending sixty (60) days prior to each scheduled monthly payment. The final monthly installment for each fiscal year of this grant shall be adjusted to reflect any underpayment or overpayment resulting from the estimated monthly installments made for said fiscal year. Section 7. As farther consideration of this franchise, the Grantor agrees not to engage in the business of distributing and selling electricity during the life of this franchise or any extension thereof in competition with the Grantee, its successors and assigns. Section 8. That failure on the part of Grantee to comply m any substantial respect with any of the provisions of this Resolution shall be grounds for a forfeiture of this grant, but no such forfeiture shall take I. effect if the reasonableness or propriety thereof is protested by Grantee until a court of competent jurisdiction (with right of appeal in either party) shall have found that Grantee has failed to comply in a substantial: respect with any of the provisions of this franchise, and the Grantee shall have six (6) months after the final determination of the question, to make good the default before a forfeiture shall result with the right in Grantor at its discretion to grant such additional time to Grantee for compliance as necessities in the case require; provided, however, that the provisions of -4 - OCT 191911 CT 1t�� BOOK X Pic: 1977 M this Section shall not be construed as impairing any alternative right or rights which the Grantor may have with respect to the forfeiture of franchises under the Constitution or the general laws of Florida or the Charter of the Grantor. Section 9. If, during the term of this franchise, the Grantee enters into a franchise with any other county which provides for benefits which are greater than those provided to the Grantor herein, then Grantee agrees upon request of the Grantor to enter into a new franchise with the Grantor containing similar greater benefits provided that such new fran- chise includes benefits to Grantee at least equal to those provided by its franchise agreement with such other county. Grantee further agrees that if, during the term of this franchise,. the Grantee enters into a franchise with any other county covering unincorporated areas only or incorporated areas only which provides for payments at a higher percentage rate than the six percent (616) rate provided to the Grantor herein, then Grantee agrees upon request of the Grantor to enter a new franchise with the Grantor containing a higher percentage rate provided that such new franchise includes benefits to Grantee at least equal to those provided by its franchise agreement with such other county. Section 10. That if any Section, paragraph, sentence, clause, term, word or other portion of this Resolution shall be held to be invalid, the remainder of this Resolution shall not be affected. Section 11. As a condition precedent to the taking effect of this grant, Grantee shall have filed its acceptance hereof with the Grantor's Clerk within thirty (30) days after adoption. And this Resolution shall take effect on the date upon which Grantee filed its acceptance. Section 12. Grantor reserves the right to increase or decrease rates charged herein depending upon the method the Pabli.c Service Commission for the State of Florida uses in establishing rates state-wide. In no event shall any increase in rates by Grantor exceed the maximum rates established within this Franchise Agreement. -5- 1977 5- BOOK OJL PAGE -302 I DONE and ADOPTED in regular session this 19th day of October 1977. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. William C. Wodtke, . , Chairman ATTEST: `,, C-)IeAL Cl .� 1977 BOOK. Pau€ . OC ATTORNEY COLLINS INFORMED THE BOARD THAT THE HOUR OF 11:00 O#CLOCK A.M. WAS SET FOR HOLDPNG A HEARING IN REGARD TO THE DEMOLISH- ING OF A HOUSE OWNED BY MRS. EMILY NICHOLSON AT 1580 6TH AVENUE, HE REPORTED THAT HE HAD INFORMED MRS. NICHOLSON OF THIS BY CERTIFIED MAIL AND HAD RECEIVED AN ANSWER FROM HER. ATTORNEY COLLIN'S NOTIFI- CATION TO MRS. NICHOLSON AND HER ANSWER HEREBY MADE A PART OF THE MINUTES. BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT, JR. EDWIN S. SCHMUCKER R. DON DEESON JACK G. JENNINGS, Administrator 2145 14th Avenue Vero Beach, Florida 32960 October 6, 1977 Mrs. Emily Nicholson 345 West 86th Street New York, New York 10024 .Dear Mrs. Nicholson: This letter is to advise you that the Board of County Commissioners, pursuant to due process, will hold a hearing on October 19, 1977 at 11:00 o'clock A.M. in the County Commission Meeting Room of the Indian River County Courthouse for the purposes of determining whethar or not the dilapidated structure you own at: 1580 - 6th Avenue Vero Beach, Florida Lot 3, Block 4 Rockridge Subdivision should be demolished and a lien placed against the property. You are hereby notified to be present at the time and place above stated for the purposes of presenting any defenses you may have to the matter. Sincer ly, / GEORGE G. COLLINS, JR., GGC,Jr/ph Attorney to the Board CERTIFIED MAIL RETURN RECEIPT REQUESTED . OCT 191977 45 ma 31 PA -UE 3.04 ....-xl+i'0'?'.ty••,r-,. ♦•rt. ,r1- - /[/%��/!�,/�,+�4.j e' s•�( ��,.;�..s'/,�i�}.•a�..y �ti� i` �I �n ir;'ai:..t} • . 'C..:1?t� •''l' a i . "). �,,," / , t..., j o7 14 •�., 1 Chit •tiv .: i .} 'i•i. , P.t ;� OCT 19 rn B0,'lJ7D COIJ rr>r Apt I � .:.'f.ts '..�/ •��•� .W t/p ":�sa"' F6�/'_ _!'jv,�,a ��o+� � /'�� � � a ff SLC.^ Y a -S ,"b��%�` ('�Jt � � fI ♦I ir.• �_ !.d.,sy' =� ��!'`''�'i ' N.s �,i'.�.* �'l�' +�•G::,::-`L.R� j'�. Ar !♦'At DON ADAMS, BUILDING DIRECTOR, PRESENTED PICTURES OF THIS DWELLING TO THE BOARD AND NOTED THAT HE FIRST BECAME INVOLVED WITH' THIS MATTER IN OCTOBER OF 1975. HE INFORMED THE BOARD THAT MRS. NICHOLSON HAD ACCOMPANIED HIM ON AN INSPECTION OF THIS PROPERTY, AND HE CAUTIONED HER AS TO THE HAZARDS. HE STATED THAT SHE SECURED NAMES OF THREE PROMINENT CONTRACTORS AND ATTEMPTED TO GET BIDS TO RENOVATE THE HOUSE, BUT AFTER A YEAR OR SO OF NEGOTIATING, SHE CAME BACK TO 46 pC1 19 1977 80a# r 0 Cl 1919` 7 HIMFORNAMES OF MORE CONTRACTORS. MR. ADAMS CONTINUED THAT MRS. NICHOLSON WAS NOT SATISFIED WITH THE FIGURES THEY QUOTED AND HAS DONE NOTHING, AND IN THE MEANTIME THE NEIGHBORS HAVE BEEN COMPLAIN- ING BECAUSE THE SITUATION HAS GOTTEN EVEN MORE HAZARDOUS AS THE STRUCTURE CONTINUES TO DETERIORATE. MR. ADAMS STATED THAT HE HAS CONDEMNED THE BUILDING FOR DEMOLITION AND THE COUNTY ATTORNEY HAS UPHELD HIS POSITION. COMMISSIONER LOY ASKED IF THE BUILDING HAS BEEN CLEANED OUT, AND MR. ADAMS STATED THAT AN EXTENSION WAS GIVEN TO THE 15TH OF SEPTEMBER FOR THIS PURPOSE, BUT HE DOES NOT BELIEVE•THAT THE CONTENTS HAVE BEEN REMOVED. ATTORNEY COLLINS SUGGESTED THAT THE BOARD AUTHORIZE THE ADMINISTRATOR. TO ADVERTISE FOR BIDS OR HAVE COUNTY CREWS DO THE WORK, THE COSTS TO BE RECOVERED BY A LIEN AGAINST THE PROPERTY, AND TO RE- MOVE THE CONTENTS OF THE HOUSE AND PUT THEM IN COUNTY STORAGE TO BE DISPOSED OF AFTER A CERTAIN PERIOD. BUILDING DIRECTOR ADAMS NOTED THAT EVERYTHING ON THE PRE- MISES SHOULD BE INVENTORIED AS IT IS REMOVED, AND ATTORNEY COLLINS AGREED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO PROCEED WITH THE DEMOLITION OF THE DILAPIDATED STRUCTURE OWNED BY EMILY NICHOLSON AT 1580 6TH AVENUE IN THE MANNER SUGGESTED BY ATTOR- NEY COLLINS. BUILDING DIRECTOR ADAMS THEN BROUGHT TO THE ATTENTION OF THE BOARD OTHER CONDEMNATION ORDERS WHICH HE HAS HAD PENDING IN HIS FILES FOR YEARS. MR. ADAMS STATED THAT HE WOULD LIKE TO PURSUE THIS MATTER, BUT POINTED OUT THAT IT IS DIFFICULT TO CONTINUE TO CONDEMN WHEN YOU HAVE STRUCTURES THAT HAVE BEEN CONDEMNED FOR TWO OR THREE YEARS AND THE NOTICES ARE DISREGARDED. HE MENTIONED A STRUCTURE OWNED BY ROSALIE STEWART, WHICH HAS NOW FALLEN DOWN, AND THE OLD DRIVE-IN THEATRE OWNED BY ARTHUR LEE HENDERSON, WHICH WAS CONDEMNED AND THE NOTICE IGNORED. MR, ADAMS NOTED THAT YOU CAN PROSECUTE THESE PEOPLE FOR NOT HAVING THE STRUCTURES REMOVED. COMMISSIONER LOY ASKED IF THESE WERE SUBMITTED TO THE COM- MUNITY DEVELOPMENT PROGRAM OR WHETHER SOME OF THESE PEOPLE ARE . 47 mix 31pAfj.306 FINANCIALLY ABLE TO HANDLE THIS THEMSELVES. MR. ADAMS STATED THAT SOME OF THEM ARE AND SOME AREN'T. CHAIRMAN WODKTE SUGGESTED THAT A LETTER BE WRITTEN THESE PEOPLE BY THE BOARD STATING THAT IF WE DO NOT RECEIVE A RESPONSE, THE BOARD WILL AUTHORIZE ACTION TO BE TAKEN THROUGH THE COURTS. ATTORNEY COLLINS-FELT RATHER THAN WRITE A LETTER, THE BOARD SHOULD SET UP HEARINGS AND TAKE ACTION, AND BUILDING DIRECTOR ADAMS AGREED, NOTING THAT THE BUILDING CODE HAS A SECTION ON SUB- STANDARD HOUSING WHICH SHOULD BE ENFORCED. DISCUSSION CONTINUED ON WHETHER TO WRITE A LETTER FIRST OR PROCEED TO TAKE ACTION. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO NOTIFY PROPERTY OWNERS OF UNSAFE STRUCTURES THAT HAVE BEEN CONDEMNED THAT HEARINGS WILL BE HELD IN REGARD TO DEMOLITION AND ALSO TO DETERMINE IF ANY OF THESE QUALIFY UNDER THE COMMUNITY DEVELOPMENT PROGRAM. CHAIRMAN WODTKE ANNOUNCED THAT HE WOULD LIKE THE BOARD AT THIS TIME TO REACH A DECISION AS TO THE MID -FLORIDA RATE INCREASE REQUEST, THE CHAIRMAN STATED, THAT AS FAR AS HE IS CONCERNED, AFTER REREADING THE MINUTES AND THE TESTIMONY, THERE DEFINITELY SEEMS TO BE A CONFLICT BETWEEN THE EXPERT WITNESSES AND OTHER WITNESSES AS TO THE CONDITION OF THE DISTRIBUTION SYSTEM. HE NOTED THAT WE HEARD AT ONE HEARING THAT THE PROBLEM WAS IN THE DISTRIBUTION SYSTEM AND AT THE NEXT HEARING THAT IT WAS NOT. CHAIRMAN WODTKE CONTINUED THAT WE ALSO HEARD TESTIMONY BY AN EXPERT WITNESS ON THE CONDITION OF PIPES FROM THIS DISTRIBUTION SYSTEM, WHICH PIPES THE WITNESS HAD NOT SEEN REMOVED FROM THE GROUND, THIS WITNESS TESTIFIED THAT THE PIPES WERE IN -BETTER THAN NORMAL.CONDITION, BUT THE CHAIRMAN NOTED THAT WHEN HE EXAMINED THEM HIMSELF, HE FOUND THERE WERE HOLES IN THE PIPES AND YOU COULD EVEN PUSH A PAPER CLIP THROUGH THEM. CHAIR- MAN WODTKE ALSO NOTED THAT EXTENSIVE FLUSHING OF THE SYSTEM WAS CARRIED OUT JUST PRIOR TO THE HEARINGS, BUT THE SYSTEM HAD NOT BEEN FLUSHED THAT EXTENSIVELY ON A ROUTINE BASIS PREVIOUSLY. 48 CT i 9197 . I ma 31 w307 CHAIRMAN WODTKE STATED FURTHER THAT TESTS WERE DONE WHICH SHOWED THAT THE WATER DOES NOT MEET MINIMUM STATE STANDARDS. HE CONTINUED THAT THE TESTIMONY HE REVIEWED SHOWED THAT THERE HAD BEEN NO ATTEMPT TO IMPROVE THE QUALITY OF THE WATER NOR ANY SPECIFIC INDICATION THAT ANYTHING WILL BE DONE. CHAIRMAN WODTKE POINTED OUT THAT MR. FOX TESTIFIED AS TO THE PLANT AND DISTRIBUTION SYSTEM AND AS TO THE QUALITY OF WATER IN THIS AREA, BUT ADMITTED THAT HE HAS NOT PERSONALLY MADE ANY TESTS TO BACKUP HIS EXPERT TESTIMONY. CHAIRMAN WODTKE NOTED IN PARTICULAR THE GREAT NUMBER OF COMPLAINTS MADE BY THE RESIDENTS WITHIN THE FRANCHISE AREA AND STATED THAT HE WOULD HAVE A PROBLEM APPROVING THE RATE INCREASE BASED ON WHAT WAS PRESENTED. COMMISSIONER LAY CONCURRED WITH THE CHAIRMAN'S STATEMENTS AND ALSO SAID SHE DID NOT BELIEVE THE APPLICANT IN ANY WAY INDICATED ANY PROPOSAL TO UPGRADE THE SYSTEM OR PROVIDE BETTER SERVICE. COM- MISSIONER LOY FURTHER NOTED IT WAS INTERESTING TO COMPARE THE TESTIMONY MARKED `EXHIBIT 2 - INDIAN RIVER COUNTY RATE CASE" WITH THE RATE CASE PRESENTED IN 1972 AND SEE THAT THE FORMAT HAS BEEN CHANGED CONSIDERABLY. NOWHERE IN THE NEW MATERIAL DOES IT INDICATE THE NUMBER OF CUSTOMERS OR THE GALLONAGE THEY ARE USING OR PROVIDE IN ANY WAY AN OPPORTUNITY TO FIGURE OUT APPROXIMATELY WHAT THE RATE INCREASE WOULD MEAN TO THE CUSTOMER, THOUGH ALL KINDS OF INFORMATION WAS SUPPLIED AS TO EXACTLY WHAT IT WOULD MEAN TO THE COMPANY. COMMISSIONER LOY NOTED THAT SUCH A BREAKDOWN IN REGARD TO THE CUSTOMERS WAS SUPPLIED AT THE HEARING IN 1972 AND ASSISTED THE BOARD IN THEIR DETERMINATION IN MAKING AN INCREASE AT THAT TIME. COMMISSIONER LOY STATED THAT SHE WOULD NOT BE ABLE TO SUPPORT THE REQUEST FOR A RATE INCREASE BASED.ON THE TESTIMONY PRE- SENTED AT THE PUBLIC HEARING. COMMISSIONER SCHMUCKER STATED THAT HE CONCURRED WITH WHAT HAS BEEN SAID BY THE CHAIRMAN AND COMMISSIONER LAY, AND HE FURTHER POINTED OUT THAT THE COMPANY SAID THEY WERE NOT KNOWLEDGEABLE OF THE COMPLAINTS ABOUT THE WATER SYSTEM. COMMISSIONER SCHMUCKER SAID HE DID NOT SEE HOW THEY COULD DENY THIS KNOWLEDGE SINCE ALL THESE COMPLAINTS WERE REGISTERED AT THE PREVIOUS RATE HEARING AND THERE WAS NO WAY FOR THEM NOT TO KNOW ABOUT THEM. COMMISSIONER SCHMUCKER CONTINUED THAT HE 49 0Cl 19 1977 . • 80% 31 wil-as 91977 i PERSONALLY IS NOT SATISFIED THAT A COMPANY SHOULD OBTAIN A CERTAIN AMOUNT OF RETURN ON THEIR INVESTMENT REGARDLESS OF THE KIND OF PRODUCT THEY PRODUCE. HE STATED THAT HE FELT THE COMPANY SHOULD SHOW THAT THEY ARE TRYING TO IMPROVE THEIR PRODUCT AND DO REASONABLE AND LOGICAL THINGS TO IMPROVE THE PRODUCT BEFORE THEY ASK THE INDIVIDUAL TO PAY MORE FOR THEIR WATER. COMMISSIONER SIEBERT CONCURRED. HE ALSO POINTED OUT THE CONFLICTING TESTIMONY OF MR. WRIGHT AS TO THE COMPANY'S AWARENESS OF THE CONDITION OF THE SYSTEM AND THE COMPLAINTS OF THE CUSTOMERS, NOTING THAT HE HAD POINTED OUT TO MR. WRIGHT THAT THESE SAME COMPLAINTS HAD SEEN BROUGHT UP AT PREVIOUS RATE HEARINGS AT WHICH TIME THE COMPANY SAID THEY WERE GOING TO IMPROVE. COMMISSIONER SIEBERT COMMENTED THAT TO HEAR THEY WERE UNAWARE OF THE COMPLAINTS WAS BEYOND HIS UNDERSTANDING. COMMISSIONER SIEBERT FURTHER STATED THAT THE PIPE BROUGHT IN ACTUALLY HAD A BAND TO HOLD IT TOGETHER AND HOLES IN IT, AND HE FELT THAT THE PHYSICAL EVIDENCE CONFLICTED WITH THE EXPERT S TESTIMONY THAT THE PIPE WAS IN GOOD SHAPE. COMMISSIONER SIEBERT CONTINUED THAT THE EVIDENCE INDICATED THAT THE COMPANY REALLY HAD NO INTENTION OF MAKING CORREC- TIONS TO IMPROVE THE EXISTING CONDITIONS AND THEIR MAIN CONCERN SEEMED TO BE THE RETURN ON THEIR INVESTMENT REGARDLESS OF THE QUALITY OF WATER OFFERED. COMMISSIONER SIEBERT STATED THAT HE FEELS, AS COM- MISSIONER SCHMUCKER DOES, THAT A COMPANY`IS NOT AUTOMATICALLY ENTITLED TO A RATE OF RETURN: THAT IT HAS TO BE EARNED. HE DOES NOT FEEL THAT IT HAS BEEN, AND HE STATED HE COULD NOT SUPPORT THEIR REQUEST FOR A RATE INCREASE. COMMISSIONER DEESON STATED THAT HE CONCURS WITH THE STATEMENTS MADE AND THERE IS NOT A GREAT DEAL HE CAN ADD. HE CONTINUED THAT BASED ON THE TESTIMONY SUBMITTED, HE CERTAINLY COULD NOT CONCUR WITH A RATE INCREASE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY DENIED THE RATE INCREASE REQUESTED BY MID -FLORIDA UTILITIES, INC., BASED ON THE REASONS SET OUT ABOVE AND THE REASONS GIVEN IN THE PUBLIC HEARING AND SET OUT IN THE MINUTES, EXHIBITS, ETC. 50 mix - 1 -A 09 01 • COUNTY PLANNER BRENNAN DISCUSSED WITH THE BOARD THE POSSI- BILITY OF WRITING A LETTER TO THE CORP OF ENGINEERS EXPRESSING INTER- EST IN A WATER RESOURCE —FLOODING PROBLEM STUDY TO BE MADE BY THE CORPS AND DETERMINE IF INDIAN RIVER COUNTY MIGHT BE ELIGIBLE FOR SUCH A STUDY. THIS STUDY IS EXPLAINED IN THE FOLLOWING NEWSPAPER ARTICLE. J//. �dy- 7?1- TODAY. Friday, October 7, 1877 36 Vater S Ii0.� Study . To --Begin Here Soon By B.J. HUEHN has occurred, said Clyde But it is too early to say tranAY rami wale. Smith, chief of the Corps' exactly what the study will A U.S. Army Corps of urban studies genion. - concern, he added. .Engineers study of The Corps' Jacksonville The general intention of Brevard's water resources office this week received the program, Smith said. and flooding problems $15.0XI for the first year of will be to look at the "long shattd get under way the program which will be range water supply for the within the next two months• devoted to holding public county and localized flmd- a Corps official said Thurs• meetings and consulting mg problems where there day with county officials about has been construction to The study, which may the problems the study will flood prone areas." ultimately cost nearly address. Smith said. The goal isn't to een- is aimed generally Don Findell. director of erate a Corps' construction .$=,ODD. blt proposing solutions to the Brevard County Rater project." Smith empha. water supply problems in Resources Department. sized. Rather, he said. the the county and also at spe- said Thursday he will be study, which could ia,c up eUie areas where flooding workmp, with the Corps to to five years. will be to pro. set up the "plan of study." pose alternative solutions to He said he must approve long-range oroblems. the study plan before any more funds can be released for the program. The Florida Depart- ment of Environmental ' Regulation has already sub- mitted u request to Con- gress and the Office of Management and Budget for 83d0,000 for the second year of the program. No local funds will be involved to the project. Fin - dell said. Some of the problem areas that may be adl dressed by the program could be South Brevard's water supply problems where drinking water short- ages have often threatened' and flooding problems in Satellite Beach and Rest , i Melbourne. Findell said. PLANNER BRENNAN NOTED THAT IT TOOK BREVARD AND VOLUSIA COUNTIES TWO YEARS TO GET THIS STUDY FUNDED, HE FELT THIS MIGHT BE AN OPPORTUNITY TO UPDATE THE STUDY MADE IN INDIAN RIVER COUNTY SOME YEARS AGO BY THE GEOLOGICAL SURVEY, COMMISSIONER SIEBERT EXPRESSED CONCERN ABOUT OVERLAPPING STUDIES ON WATER QUALITY, AND INTERGOVERNMENTAL COORDINATOR THOMAS STATED THEY JUST WISHED PERMISSION TO INVESTIGATE A POSSIBLE GRANT AND DETERMINE JUST WHAT IT COVERS AND WHETHER IT OVERLAPS OTHER PROGRAMS, COMMISSIONER Loy SUGGESTED THAT THE PLANNER CONTACT BREVARD COUNTY TO OBTAIN BASIC INFORMATION ABOUT THE STUDY, AND PLANNER BRENNAN AGREED THAT HE WOULD GET IN TOUCH WITH THE BREVARD COUNTY PLANNER. 51 Sao 31 .310 COMMISSIONER LOY BROUGHT UP THE MATTER OF FLOOD INSURANCE FOR THE UNINCORPORATED AREAS OF THE COUNTY AND REQUESTED THAT THE COUNTY PLANNER OBTAIN MORE SPECIFIC INFORMATION ON THIS SUBJECT. COUNTY PLANNER BRENNAN NEXT DISCUSSED WITH THE BOARD HIS MEMO IN REGARD TO THE FLORIDA COMMUNITY DEVELOPMENT ASSOCIATION AS FOLLOWS: October 13, 1977 Indian River County Board of County Commissioners Courthouse 2145 14th Avenue Vero Beach, Fla. 32960 SUBJECT: Request to attend Florida Community Development Association meeting, Clearwater, November 2 - 5, 1977 ATTENTION: William Wodtke, Chairman This is to request authorization for Val. Brennan to attend the F.C.D.A. meeting in Clearwater November 2 - 5. Cost will run about $175. - $200. per person. This is in connection with the Community Development Block Grant Program and new regulations which are being instituted. The members'of Citizens Advisory Committee (C.D.B.G. Program) have been advised of this meeting, and Mr. Joe Idelette has signified an interest in attending. Authorization for him to attend at County expense is also re- quested. This expense is chargeable to the C.D. Program (Federal Grant). Others of Citizens Advisory Committee may also desire to attend, in which case County Commission should put a limit on the number that should be able to go, and it will be handled on a first come first go basis. L Consideration might be given also to authorizing Jack Flint to attend since he attended the meeting held by HUD in Jacksonville, and there may be new bookkeeping rules as a result of the new regulations. MEMBERSHIP: The County Conmission last year voted to approve a $100. membership in this new Association. It took a year to organize; so we didn't become a member. Now that the Association is organized, I again request the County Conu:rission to approve a $100. County Membership in this Association tor• 1977- 78. Literature Enclosed. y VEB : j t i Val. E. Br4inan Planning Director 52 p Cj 19 1977 • Boa. w, . tie PLANNER BRENNAN NOTED THAT NEW REGULATIONS PUBLISHED BY HOUSING URBAN DEVELOPMENT WITH REGARD TO COMMUNITY DEVELOPMENT WILL BE DISCUSSED AT THIS MEETING. HE CONTINUED THAT LETTERS WERE SENT TO MEMBERS OF THE CITIZENS ADVISORY COMMITTEE, AND .JOE IDLETTE DOES WISH TO ATTEND THIS MEETING. COMMISSIONER SCHMUCKER STATED THAT KNOWLEDGE OF THESE NEW REGULATIONS IS VERY IMPORTANT TO THE COMMUNITY DEVELOPMENT PROGRAM AND HE WOULD LIKE TO SEE PLANNER BRENNAN AND MR. IDLETTE ATTEND. THE BOARD DISCUSSED WHETHER JACK FLINT WHO DOES THE BOOK- KEEPING FOR THIS PROGRAM SHOULD ALSO ATTEND, BUT IT WAS FELT HE COULD NOT BE SPARED FROM HIS OFFICE WORK FOR THREE DAYS. MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER LOY TO AUTHORIZE OUT -OF -COUNTY TRAVEL FOR COUNTY PLANNER, VAL BRENNAN, AND CITIZENS ADVISORY COMMITTEE MEMBER, .JOE IDLETTE, TO ATTEND THE FLORIDA COMMUNITY DEVELOPMENT ASSOCIATION MEETING IN CLEARWATER NOVEMBER Z - S, 1977, AND TO AUTHORIZE PAYMENT OF THE $100 MEMBERSHIP'FEE TO THIS ASSOCIATION FOR 1977-78. ,COMMISSIONER SIEBERT NOTED THAT HE HAD RESERVATIONS ABOUT JOINING AN ORGANIZATION LIKE THIS, BUT STATED THAT HE WOULD NOT OPPOSE THE MOTION. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. 53 fl BOOK Gf.32 =1 THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA NOTICE Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath NOTICE IS HEREBY GIVEN that the Zoning Commission of Indian River County, I er of the Vero Beach Press -Journal, a weekly newspaper published says that he is Business Manager Florida, has tentatively approved the at Vero Beach in Indian River County, Florida; that the attached. copy of advertisement, being following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially `� a 3 t t e ' p 1 as follows: Va. That the Zoning Map be changed in order that the following described property in the matter of Tn ^ r </ �o •-� : sr // situated in Indian River County, Florida, li wit: Tract 4, Section 11, Township 33 South, Range 38 East, LESS the North 743.91; AND the N. 19.03 acres of Tract S, Section 11, Township 33 South, Range 38 East, LESS R- W's of Record. in the Cant, was pub - Be changed from R -IMP Mobile Home Park District, to R -IPM Permanent Mobile Home lished in said newspaper in the issues of 12 19 172 Subdivision District. A public hearing in relation thereto at which • parties in interest and citizens shall have an opportunity to be heard, will be .held by said Zoning Commission in the County Commission Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, September 15, 1977, , and that the said newspaper has heretofore Vero Beach, in said Indian River County, at 7:30 o'clock P.M., atter which a public been continuously published in said Indian River County, Florida, weekly and has been entered hearing in relation thereto at which parties in as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida interest and citizens shall have an opportunity for a period of one year next preceeding the first publication of the attached copy of adver- to be heard will be held by the Board of County tisement; and affiant further says that he has neither paid nor promised any person, firm or Commissioners of Indian River County, corporation any discount, rebate, commission or refund for the purpose of securing this adver- Florida, in the County Commission Room, tisement for publication in the said newspaper. Indian River County Courthouse, Vero Beach, Florida, all Wednesday, October 19, 1977, at Swam to and subscribed before me this day ofa.S�. A.D. ,2: 00 o'clock P.M. Board of County Commissioners 1� Indian River County By: William C. Wodtke Jr., Chairman Indian River County Zoning Commission ness Manager) )\ � Ralph Sexton, Chairman Aug.17,1977. Aug. u (Clerk of the Circuit Court, IndianLR•' er County, Florida) (SEAQ '54 OCT 9.91977 Boy 31 fn313 E71 GOLDSTONE REALTY, INC., IN CARE OF THEIR AGENT, CARTER ASSOCIATES, INC., WAS SENT THE FOLLOWING NOTICE OF THE PUBLIC HEAR- ING BY THE CLERK OF CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.66. :-BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR„ Chairman —ALMA LEE LOY. Vice Chairman WILLARD W. SIEBERT. JR. EDWIN S. SCHMUCKER 8. DON DEESON JACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach. Florida 32960 August 17, 1977 Carter Associates, Inc. 1708 21st Street Vero,Beach, Florida 32960 Re: Rezoning application for Goldstone Realty, Inc. Gentlemen: In compliance with Florida Statute 125.66 the following is a Notice of Public Hearing for rezoning as requested by <Goldstone Realty, Inc. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County; Florida to - wit: Tract 4, Section 11, Township 33 South, Range 38 East, LESS the North 742,9'; and the N. 19.05 acres of Tract 5, Section 11, Township 33 South, Range 38 East, LESS . •R/W's of Record. Be changed from R -114P Mobile Home Park District, to R-1PM Permanent Mobile Home Subdivision District. A public hearing in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida in the -County Commission Room, Indian River County Courthouse, Vero Beach, Florida on Wednesday, October 19, 1977 at 2:00 o'clock P.M. Sincerely yours, Freda Wright, Clerk Board of County Commissioners of OCT 191977 55 p Ci 91977 ORDINANCE NO. 77-25 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 parties in interest and citizens were heard: NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the follow- ing property owned by Goldstone Realty, Inc., Repre- sented by Carter Associates, Inc;, situated in Indian River County, Florida, to -wit: Tract 4, Section 11, Township 33 South, Range 38 East, LESS the North 742.9'; AND The N. 19.05 acres of Tract 5, Section 11, Township 33 South, Range 38 East, LESS RJW's of Record. Be changed from R-lMP Mobile Home Park District, to R-lPM Permanent Mobile Home Subdivision 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. 0 COUNTY PLANNER BRENNAN INFORMED THE BOARD THAT THIS PROP- ERTY IS LOCATED ON 90TH AVENUE ACROSS FROM TWIN LAKES MOBILE HOME PARK. THE APPLICANT IS PROPOSING TO SUBDIVIDE INTO LOTS FOR MODULAR HOME DEVELOPMENT AND SELL THE LOTS TO INDIVIDUALS FOR DEVELOPMENT, HE NOTED THAT THE AREA IS SURROUNDED BY MOBILE HOME ZONING, AND THE PLANNING DEPARTMENT DID NOT CONCUR WITH THE ORIGINAL REQUEST TO RE- ZONE TO R - ']A, BUT DOES APPROVE THE REQUESTED CHANGE TO R-lPM PERMANENT MOBILE HOME SUBDIVISION DISTRICT. THE PLANNING & ZONING COMMISSION ALSO APPROVES. DANA HOWARD OF CARTER ASSOCIATES EXPLAINED THAT THE PUR- POSE OF THE REZONING IS TO MAKE IT A SUBDIVISION SO THEY CAN SELL LOTS AND POINTED OUT THAT IT CONSEQUENTLY.WILL HAVE TO GO THROUGH THE SUBDIVISION REQUIREMENTS. COMMISSIONER LOY ASKED IF MR. HOWARD HAD A LETTER MAKING HIM AN OFFICIAL AGENT REPRESENTING GOL.DSTONE REALTY, AND MR. BRENNAN INFORMED THE BOARD THAT THE INITIAL APPLICATION WAS SIGNED BY MR. KENNEDY OF GOLDSTONE REALTY, INC. .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 COMMIS- SIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE N0. 77-25. . BOOK, t mu .5 J M. THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: 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 in the matter of *—Q 0 S 5 - In in the Court was pub - fished 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, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. �� r� r� Swam to and subscribed before me this !�Ia of A.D. " r 0) U ' ess Manager) Z_�ZZ /� � (Clerk of the Circuit Court, Ind n River County, Florida) ° (SEAU NOTICE NOTICE IS HEREBY GIVEN that fire Zoning Commission of Indian River County, Florida, has tentatively approved the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: t. That the Zoning Map be changed in order that the following described property situated In Indian River County, Florida, to wit: The North 255 feet of the South 510 feet of Government Lot 2, Section 17, Township 31 South, Range 39 East, and the North 255 feet of the South 510 feet of that part of the Southeast V4 of the Northwest ya of Section 17, Township 31 South, Range 39 East lying East of U.S. Highway No. 1. Be changed from C -IA Restricted Com. mercial District and R-3 Multiple Dwelling District, to R -IRM Residence -Mobile Home District. A public hearing in relation thereto at which Parties in interest and citizens shall have an opportunity to be heard, will be held by said Zoning Commission in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, September 15, 1977, at 7:30 o'clock P.M., after which a public hearing In relation thereto at which parties in Interest and citizens shall have an opportunity to be heard will be held by the Board of County Commissioners of Indian River County, Florida, in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Wednesday, October 19, 1977, at 2:00 o'clock P.M. Board of County Commissioners Indian River County By: William C. WodtkeJr., Chairman Indian River County Zoning Commission By: Ralph Sexton, Chairman Aug. 17, 1977. CLARENCE AND ANITA CONDE, ETAL, IN CARE OF THEIR ATTORNEY, STEVE L. HENDERSON, WERE SENT THE FOLLOWING NOTICE OF THE PUBLIC HEARING BY THE CLERK OF CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE' 125.66. 11 BOOK 31 PnE T17 . o BOARD OF COUNTY COMMISSIONERS • WILLIAM C. WODTKE, JR., Chairman ,Q .-.�,► � ALMA LEE LOY, Vice Ghairmarb j WILLARD W. SIEBERT. JR. t EDWIN S. SCHMUCKER F�ORiQ�' R. DON DEESON JACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach, Florida 32960 •August 17+ 1977 Mr. Steve L. Henderson, Esquire 3405 Ocean Drive Vero Beach, Florida 32960 Re: -Rezoning application for Clarence and Anita Conde, etal Dear Mr, Henderson: In compliance with Florida Statute 125.66, the following is a Notice of Public Hearing for rezoning as requested by you. NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida, to - wit: 1 The North 255 feet of the South 510 feet of Government Lot 2, Section 17, Township 31 South, Range 39 East, and the North 255 feet of the South 510 feet of that part of the Southeast 1/4 of the Northwest 1/4 of Section 17, Township 31 South, Range 39 East lying East of U.S, Highway No. 1., Be changed from C-lA Restricted Commercial District and R-3 Multiple Dwelling District,•to R -IRM Residence -Mobile Home District. A public hearing in relation thereto will be held by the Board Of County Commissioners of Indian River County, Florida in the j County Commission Room, Indian River County Courthouse, Vero Beach, i Florida on Wednesday, October 19, 1977, at 2:00 O'clock P.M. 4 Sincerely yours, Freda Wright', Clerk -to the Board of County Commissioners CT x.91977 B0% PAvF COUNTY PLANNER BRENNAN INFORMED THE BOARD THAT THIS PROP- ERTY IS LOCATED ON U. S. 1 JUST SOUTH OF SEBASTIAN AND EXTENDS TO THE INDIAN RIVER. MR. BRENNAN NOTED THAT THIS PROPERTY WAS DEVELOPED MANY YEARS AGO WITH MOBILE HOMES BEFORE THE ZONING CHANGED. THERE ARE BOTH MOBILE AND REGULAR HOMES LOCATED TO THE NORTH OF IT. MR. BRENNAN EXPLAINED THAT THE APPLICANT ORIGINALLY REQUESTED THAT A FEW HUNDRED FEET ON U. S. 1 BE LEFT IN COMMERCIAL ZONING, BUT THE PLANN- ING DEPARTMENT PREVAILED UPON THEM TO REQUEST THAT THE WHOLE PROP- ERTY BE REZONED TO R-1RM, WHICH THEY HAVE DONE. THIS WOULD ALLOW BOTH MOBILE HOMES AND CONVENTIONAL HOMES ON THIS PROPERTY. HE NOTED THAT THEY WANT TO HAVE WHAT IS THERE CONFORMING, BUT WANT TO DEVELOP THE REMAINING PROPERTY ONLY IN MOBILE HOMES. COMMISSIONER DEESON ASKED WHY SHOULDN'T THE FRONT HUNDRED FEET BE LEFT IN COMMERCIAL IN VIEW OF THE FACT THAT THIS DEVELOPMENT IS LOCATED NEAR SEBASTIAN HIGHLANDS. HE STATED THAT HE PERSONALLY FELT THAT THIS AREA AND POSSIBLY HALF A MILE NORTH AND SOUTH OF IT ON U. S. 1 SHOULD BE COMMERCIAL. COUNTY PLANNER BRENNAN EXPLAINED THAT THE PLANNING DEPART- MENT HAD WANTED TO DO AWAY WITH SOME OF THE COMMERCIAL ON U. S. 1, AND THIS REQUEST GAVE THEM AN OPPORTUNITY TO HAVE A SPOT TO STOP THE COMMERCIAL. HE NOTED THAT THEY HAVE HAD SOME OBJECTIONS SINCE WORD OF THIS HAS SPREAD. CHAIRMAN WODTKE INQUIRED ABOUT THE MINIMUM LOT AREA RE- QUIRED IN R -IRM. ` ATTORNEY HENDERSON STATED THAT IT IS 10,000 SQ. FT. HE CONTINUED THAT THERE ARE APPROXIMATELY EIGHT LOT OWNERS, AND NOT ALL HAVE THE MINIMUM AREA REQUIRED BUT THEY WILL BE ISSUED DEEDS WHICH WILL CONVEY LOTS 75 x 133 TO GIVE THEM THE NECESSARY 10,000 SQ. FT. HE NOTED THAT IN ORDER TO DO THIS, SETBACKS WILL BE MEAS- URED FROM THE ROAD RIGHT-OF-WAY AND POINTED OUT THAT IN FIGURING SQUARE FOOTAGE, YOU ARE ALLOWED TO USE THE EASEMENT. ATTORNEY HENDERSON INFORMED THE BOARD THAT, CONTRARY TO MR. BRENNAN'S EARLIER STATEMENT,' THE CONDES DO NOT INTEND TO SUBDIVIDE ANY FURTHER; THEY ARE JUST TRYING TO BRING THE PROPERTY INTO CONFORMANCE WITH ITS EXISTING USE SO THE PRESENT LOT OWNERS MAY IMPROVE OR REPLACE THEIR 0 Ci 191977 , . l Boox 31 QAtf 319 L9 EXISTING MOBILE HOMES. ATTORNEY COLLINS NOTED THAT NO PERMIT CAN BE OBTAINED FOR ANY FURTHER BUILDING WITHOUT SUBDIVIDING, AND ATTORNEY HENDERSON AGREED AND POINTED OUT THAT PART OF THIS PROPERTY ON THE RIVER IS MAINLY MARSH AND COULD NOT BE DEVELOPED WITHOUT CONSIDERABLE INVEST- MENT. HE FURTHER NOTED THAT DEED RESTRICTIONS WOULD ALLOW IT TO' BE USED FOR MOBILE HOMES ONLY. COMMISSIONER LOY ASKED MR. BRENNAN IF, BASED ON THE MASTER PLAN, THERE IS ANY REASON WHY THE CUT OFF POINT FOR COMMERCIAL ZONING COULDN'T BE LOCATED AT THE SOUTH END OF THIS PROPERTY INSTEAD OF THE NORTH. SHE NOTED THERE IS EXISTING COMMERCIAL TO THE NORTH NOW. COUNTY PLANNER BRENNAN STATED THAT THERE IS ACTUALLY NO REASON THIS PROPERTY COULDN'T BE LEFT COMMERCIAL AND ANOTHER CUT-OFF "POINT ESTABLISHED TO THE SOUTH. ATTORNEY HENDERSON NOTED THE APPLICANTS ORIGINALLY ATS .. TEMPTED TO RETAIN SOME COMMERCIAL, BUT DID AGREE TO CHANGE. HE • POINTED OUT THAT -IF THIS PROPERTY IS LEFT IN C-lA,MR. & MRS. CONDE'S SINGLE FAMILY HOME WILL BE NON -CONFORMING. HE FELT THEY ARE WILL- ING, HOWEVER, TO GO EITHER WAY. THE CHAIRMAN ASKED IF ANYONE PRESENT,WISHED TO BE HEARD. JOHN ZIMMERMAN INFORMED THE BOARD THAT HE OWNS A LOT IN THIS PROPERTY AND HE OBJECTS TO THE WAY THEY WANT TO DO THE RE- ZONING. HE STATED THAT THEY WANT TO GIVE HIM 33' OF THE ROAD WHICH HE WOULD HAVE TO PAY TAXES ON AND KEEP UP, AND HE STILL WOULDN'T BE ABLE TO PUT A 60' TRAILER ON HIS LOT.. HE NOTED THAT HE HAS A 50' TRAILER THERE NOW, BUT WANTS A LARGER ONE. COMMISSIONER SIEBERT POINTED OUT THAT HE DOESN'T HAVE TO ACCEPT THE 33' IF HE DOESN'T WISH TO, AND ATTORNEY COLLINS NOTED THAT MOST OF THE PEOPLE ON THESE TYPE LOTS GO TO DOUBLEWIDE TRAILERS. THE BOARD FURTHER POINTED OUT TO MR. ZIMMERMAN THAT WITH THE EXISTING ZONING, HE CAN'T REPLACE OR REPAIR HIS EXISTING MOBILE. HOME AND WITHOUT THE ADDITIONAL 33', HE CAN'T CONFORM TO THE PROPOSED ZONING. ATTORNEY HENDERSON STATED THAT MR. ZIMMERMAN WAS ORIGINALLY PART OF THE REQUEST FOR REZONING, BUT THEN WITHDREW. ATTORNEY HENDERSON FELT THAT HE COULD PETITION TO HAVE MR. ZIMMERMAN'S PROPERTY 61 M�� Boos 31 pm,f VO ® ® r REZONED BECAUSE IT IS PART OF THE LARGER PARCEL AND IT WOULD NOT BE LOGICAL TO LEAVE ONE LITTLE PARCEL R-3. ATTORNEY COLLINS FELT IT WOULD BE TO MR. ZIMMERMAN'S ADVAN- TAGE TO GO ALONG WITH THE NEW ZONING WHICH WOULD GIVE HIM MORE FLEXI- BILITY. HE NOTED THAT TAXES.ON THE -33` WOULD BE MINIMAL. MR. ZIMMERMAN COMPLAINED THAT HIS DEED DOES NOT GIVE HIM ACCESS -TO THE RIVER, BUT ATTORNEY HENDERSON INFORMED THE BOARD THAT THE CONDES ALLOW -MR. ZIMMERMAN TO USE THEIR ACCESS. MR, ZIMMERMAN STATED THAT THEY COULD SELL THIS PROPERTY. COMMISSIONER Loy POINTED OUT THAT IF THE ZONING CHANGE IS MADE, THE OWNER COULD NOT.SELL ANYTHING UNTIL THE LAND IS PLATTED AND SUBDIVIDED. EDWARD KITCHING INFORMED THE BOARD THAT HE AND HIS WIFE OWN PROPERTY JUST NORTH OF THE SUBJECT PROPERTY, AND WHILE THEY ARE NOT OPPOSED TO THE PROPOSED REZONING, THEY DO.OPPOSE TAKING THE . FRONT PART OUT OF COMMERCIAL. CHAIRMAN WODTKE ASKED THAT A LETTER WRITTEN BY MR. & MRS. KITCHING BE MADE A PART OF THE MINUTES. a 62 Ci 91977 . , soon 31 pAu.32. ro. d n91977 September 27, 1977 POB 307 Sebastian, Fla 32958 To Mr. William Wodtke,'Jr. - Chairman, County Commission REE Clarence P. and Anita Conde IRC Z-77-12 We own land on the east side of U. S. #1 in north Indian River County. We are immediately south of the Sebastian City Limits. Our land is zoned C1A Restricted Commercial District. We have a temporary home on the land and a "log cabin" which was once my father's newspaper office. It is now remodeled and designed for business use. We also have a small open-air market and a nursery business beginning, with parking space, on our property there beside U.S. #1. Our customers come from Twin Lakes, across the highway, from Sebastian Highlands, Barefoot Bay, Whispering Pines, mostly .from the areas of Wabasso and Sebastian. We are building a business and our plans have involved the commercial use of our property for a long time. •We have carefully followed zoning rules and regulations. • Now we have received notice that a zoning change has been requested next door to us, apparently to accommodate mobile home owners who bought property there from our neighbor. We sympathize with him and his purchasers, but we also feelthat a.zoning change would be as bad for us as it is good for him. We don't want mobile homes beside our commercial property - and the future owners of these mobile homes probably won't want to have our businesses next door to them. We know that the State has told the County to work out a master plan for zoning, and that county planners are trying to do it. They say there is too much commercial property here and that it is wrong for,commercial land to be in strips along the highways and right for homes to be in strips along .-high speed highways. We are told that zoning is a police power and we know that the picture is very' -big and we are • very little. But we still don't want mobile homes parked next door to our place of business, which has just begun to grow, as we hoped it'would, with the Sebastian Area. Therefore we would like the record to show that we are opposed to the requested change in zoning next door to us, copy attached, from CTA Restricted Commercial District and R-3 Multiple Dwelling District to R-1RM Residence Mobile Homes. -Sallydale Wimbrow Kitching Edward Kitchin 5 • Book 31 PAGE 3922 ATTORNEY HENDERSON ASKED MR. CONDE IF HE WOULD HAVE ANY OBJECTION TO HAVING THE FRONT PART OF THE PROPERTY REMAIN COMMERCIAL, AND HE HAD NO OBJECTION. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. MOTION WAS MADE BY COMMISSIONER SIEBERT TO LIMIT CONSIDER- ATION ONLY TO THE PORTION OF THE PROPERTY ZONED R-3. ATTORNEY HENDERSON POINTED OUT THAT THIS WOULD INCLUDE SOME OF THE MOBILE HOMES, BUT STATED THAT THEIR ORIGINAL PETITION HAD A DESCRIPTION WHICH WOULD EXCEPT THIS PROPERTY. COMMISSIONER SIEBERT WITHDREW HIS MOTION. THE BOARD STUDIED THE PLAT AND LEGAL DESCRIPTION SUBMITTED BY ATTORNEY HENDERSON, AND ATTORNEY COLLINS SUGGESTED THAT THE BOARD MAKE THEIR INTENT KNOWN, BUT CONTINUE THE DECISION-MAKING PART OF THE PUBLIC HEARING UNTIL THE NEXT MEETING. COMMISSIONER SIEBERT STATED THAT THE BOARDS INTENT IS TO INCLUDE ALL OF THE MOBILE HOMES IN THE ZONING CHANGE TO R -IRM. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER,'THE BOARD UNANIMOUSLY TABLED A DECISION ON THE ZONING CHANGE REQUESTED BY CLARENCE AND ANITA CONDE, ETAL, UNTIL THE NEXT MEETING WHEN AN EXACT LEGAL DESCRIPTION CAN BE OBTAINED. THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: -64 BOOK 31 pmx 3 43 1 VERO BEACH PRESS -JOURNAL Published Weekly fiorlce NOTICE IS HEREBY GIVEN that the Vera Beach, Indian River County, Florida Zoning Commission of Indian River County, Florida, has tentatively approved the followichanges and additions to the Zoning COUNTY OF INDIAN RIVER: Ordinancng e of Indian River County, Florida, which changes and additions are substantially STATE OF FLORIDA as follows: Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath 1. That the Zoning Map be changed in order that the following described property situated says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published in Indian River County, Florida, to -wit: at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being Commencing at the N.E. corner of the SW iia of SE Ua of Section 20, Township 31 South; r Range 38 East, Indian River County, Florida, a run South 0 degrees 32'3111 W. along the East line a distance of 108.65' to the South right of IJc1 way of SR S12; from said point continue S. 0 In the matter of _AL k V G4 re"Cl _ tc� -Q degrees 32137" W. along said line a distance of —i to ' to the point of beginning; thence S. 0 de____ degrs 32'37" W. a distance of 1,0891, thence run N. 89 degrees 15'23" W. a distance of 8001, more or less to the East right of way of limited 'access line of 1.95; thence run N. along said right of way a distance of 1,094', more or less; in thethence _ Court, was pub- run S. 89 degrees, 15'23" E. a distance of 780', more or less to the point of beginning. Said property contains 20 acres in Sections 20 Iished in said newspaper in the Issues of _CL& -,_,c, 17 1 q rl � -- and 29. , Be changed from A -Agricultural District, and C-1 Commercial District, to R.1TM Transient Mobile Home District. Affiant further says that the, said Vero Beach Press -Journal is a newspaper published at A public hearing in relation thereto at which parties in interest and citizens shall have an Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly has been opportunity to be heard, will be held by said Zoning Commission in the County Commission and entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun Florida for a period of one year next preceedingthe first �' publication of the attached Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, September 1S, 1977, copy of adver• tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the at 7:30 o'clock P.M., after which a public hearing in relation thereto at which parties in purpose of securing this adver- tisement for publication in the said newspaper. interest and citizens shall have an opportunity to be heard will be held by the Board of County Swam to and subscribed before me isday of 0, 1 ` . A.D. 19 9 1 Commissioners of Indian River County, Florida, in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on Wednesday, October 19, 1977, at 2:00 o'clock P.M. Board of County Commissioners - (YAsiness Manager) Indian River County By: William C. Wodtke Jr., Chairman Indian River County Zoning Commission By: Ralph Sexton, Chairman cseAu (Clerk of the Circuit Court, lndiqrvkiver County, Florida) Aug. 17,1977: THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO RO—ED CORPORATION CIO TOTAL DEVELOPMENT CORPORATION BY THE CLERK OF CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.66. 0 65 ®C� 9191.7 soon11 jr BOARD OF COUNTY COMMISSIONERS • - WILLIAM C. WOOTKE, JR., Chairman ALMA LEE LOY. Vice Chairman WILLARD W. SIEBERT, JR. EDWIN S. SCHMUCKER R- DON DEESON JACK G. JENNINGS, Administrator I 2145 14th Avenue Vero Beach. Florida 32960 August 17, 1977 .Mr. Edwin S. Schmucker Total Development Corporation. P.O. Box 10 Vero Beach, Florida 32960 -Re: Rezoning application for Ro-Ed Corporation Dear Mr. Schmucker: 1n compliance with Florida Statute 125.66, the following is a Notice of Public Hearing for rezoning as requested by -Ro-Ed Corporation. • , -NOTICE. The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida to - Vit: . .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 along the East -line a distance of 108,65' to the South right -of -way of SR 512; from said point continue S.0 degrees 32' 37" 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 15' 23" W. -a distance of 800', 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 1094', more or less' thence run S. 89 degrees, 15' 23" E. a distance of 780', more or less to the _ point of beginning. Said property contains 20 acres in Section 20 and 29. Be changed from A -Agricultural District, and C-1 Commercial District, to R-lTM Transient.Mobile Home District. A public hearing in -relation 'thereto will be held by the Board of County Commissioners of Indian River County, Florida in the in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida on Wednesday, October 19, 1977; at 2:00 o'clock P.M. Sincerely yours, Freda Wright, erk Board of County Commissioners =j COMMISSIONER SCHMUCKER INFORMED THE BOARD THAT HE HAD FILED THE FOLLOWING AFFIDAVIT IN REGARD TO A CONFLICT OF INTEREST WITH THE CLERK OF CIRCUIT COURT AND LEFT THE COMMISSION ROOM AT 3:07 O'CLOCK P.M. 66 919` 7 Bork - 31 �5 46 AFFIDAVIT` STATE OF FLORIDA COUNTY OF INDIAN RIVER Before me, the undersigned authority, personally appeared EDWIN S. SCMCJCKER, of 610 Wall Street, Vero Beach, Florida, who sVys: 1. This affidavit is given pursuant to Florida Statues Chapter 112.313 which provides standards of conduct for officers and employees of state agencies, countXes, cities and other political subdivision, legislators and legislative employees. 2. That I am a duly elected County Commissioner of Indian River County, Florida, and that in addition to my duties as County Commissioner, I am a licensed professional engineer in Florida and engage in private practice as _ .._ . a consulting engineer. ...... 3. That I am the President of TOTAL DEVELOPMENT, INC..$' a Florida Corporation in good standing which corporation has represented the Client , Ro-Ed Corporation to request a rezoning from A -Agricultural and C-1 Commercial districts to R1 -TM Transient Mobile Rome District property in Section 20 and e 29: Township 31 South,'Range 38 East lying South of Fellsmere Road and East of I-95. i 4. The decision for the rezoning of this property will be referred to the Board of County Commissioners for their action on said rezoning at which time the affiant proposes to abstain from voting because of the above conflict of interest. r Sworn to and subscribed before me this j th day of October , 1977- EDWIN S. SCMWCKER NOTARY PUBLIC, STA4E OF JWP,T..•DA AT LARGE My Commission Expires: M. CS Notary public, State of Florida et Large C.% ,any Cwnmisaion Expires August' IS. 1478 W - 4i►-�`'- Cwtly B:=" W LA- W} C] C.3 �. U. u i >! m o o 191977 A wa 316 COUNTY PLANNER BRENNAN STATED THAT THIS PROPERTY IS LOCATED NEAR THE INTERSECTION OF S. R. 512 AND 1-95, AND BORDERS ON A C-1 DISTRICT. HE INFORMED THE BOARD THAT THIS PROPERTY IS PRESENTLY VACANT, BUT IS FOR A PROPOSED KOA CAMPGROUND. THE ACCESS WILL BE THROUGH 108TH AVENUE. COMMISSIONER LOY ASKED IF WE HAVE ANY SPECIFIC REGULATIONS FOR THIS TYPE CATEGORY, AND MR, BRENNAN REPLIED THAT THE SPECIFIC CATEGORY IS R-1TM WHICH IS DESIGNED FOR OVERNIGHT TRANSIENT. DISCUSSION FOLLOWED ON THE RIGHT-OF-WAY BORDERING THIS PROPERTY ON THE EAST, AND IT WAS NOTED THAT POSSIBLY THE ACCESS IS NOT ADEQUATE. MR. BRENNAN POINTED OUT THAT THIS PROJECT WILL REQUIRE $ITE PLAN REVIEW AND IF THERE IS NOT. PROPER ACCESS,.IT WILL BE TURNED DOWN AT THAT TIME. HE DID NOT BELIEVE THAT YOU CAN REFUSE ZONING BASED ON INADEQUATE ACCESS AND NOTED THAT THEY DO HAVE A 40' RIGHT- OF-WAY. HARLAN PETERSON OF TOTAL DEVELOPMENT STATED THAT Ro-ED CORPORATION OWNS THE PROPERTY UP TO $TUCKEY'S, BUT HE DOES NOT KNOW WHETHER OR NOT THEY OWN $TUCKEY'S, WHICH PROPERTY GOES UP TO FELLS - MERE ROAD. ADMINISTRATOR KENNINGS SUGGESTED THAT THE HEARING BE RE- CESSED UNTIL SOMEONE CAN RESEARCH TO DETERMINE WHO OWNS THROUGH TO FELLSMERE ROAD, AND MR. PETERSON REQUESTED THAT THIS BE DONE. CHAIRMAN WODTKE RECESSED THE PUBLIC HEARING FOR HALF AN HOUR. COMMISSIONER SCHMUCKER RETURNED TO THE MEETING AT 3:55 O'CLOCK P.M. THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED SO THAT A MEETING OF THE PROPERTY APPRAISAL ADJUSTMENT BOARD COULD BE HELD. 68 ®C, i 91977 8009 31 ma