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11/2/1977
c WEDNESDAY, NOVEMBER 2, 1977 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, NOVEMBER 2, 1977, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, .JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLARD W. SIEBERT, JR.; EDWIN S. SCHMUCKER; AND R. DON DEESON. ALSO PRESENT WERE JACK G. .JENNINGS, COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. .COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; WILLIAM P. JACKSON, FINANCE OFFICER; AND VIRGINIA HARGREAVES, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER. CHAIRMAN WODTKE LED THE PLEDGE OF ALLEGIANCE TO THE FLAG AND REVEREND RICHARD C. STEVENS, OF CHAPEL IN THE PINES GAVE THE INVOCATION. THE -CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORREC- TIONS TO THE MINUTES OF THE REGULAR MEETING OF OCTOBER 5, 1977. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF OCTOBER 5, 1977, AS WRITTEN. THE CHAIRMAN ASKED. IF THERE WERE ANY ADDITIONS OR CORREC- TIONS TO THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 25, 1977. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF OCTOBER 25, 1977, AS WRITTEN. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM OF DON F. W. NIEHAUS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR A RENEWAL PERMIT TO CARRY A.CONCEALED FIREARM OF GLOVER HUSTON AND LEROY BROWN. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR JUDITH WAKEFIELD, COUNTY EXTENSION DIRECTOR, AND PETE SPYKE, AGRICULTURAL SPECIALIST; AS FOLLOWS: NOV 21977 M WOE J. PAtE 413 K JUDITH WAKEFIELD: - NOVEMBER 9 (PM) FT. PIERCE EXTEN ION STAFF CONFERENCE WITH DR. CALLOWAY NOVEMBER 29 WEST PALM BEACH TRAINING ON MICROWAVE COOKERY. PETE SPYKE:- NOVEMBER 1-4 ORLANDO FLORIDA $TATE HORTICULTURAL SOCIETY ANNUAL MEETING (WILL PRE ENT PAPER ON WEED CONTROL IN OMM RCIAL CITRUS GROV€S IN THE NDIAN RIVER AREA. 1 NOVEMBER J FT. PIERCE EXTENSION STAFF CONFERENCE WITH DR. CALLOWAY ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLLS, CIRCUIT COURT, SPRING TERM,. 1977, IN THE AMOUNTS OF $110.14 AND $32.40. THE FOLLOWING REPORTS WERE RECEIVED.AND PLACED ON FILE IN THE OFFICE OF THE CLERK: RECEIPT FOR DEPOSIT OF COU TY Fll S, SHER FF, COUNTY COURT TRUST ACCOUNT CHECK #1052 � X17 gg ,6,46.75 TRUST ACCOUNT CHECK #106 2 IO 9/1 / 7 -$ ,54.35 TRAFFIC VIOLATION FINES BY NAME, COUNTY COURT, SEPTEMBER, 1977. ADMINISTRATOR JENNINGS BROUGHT TO THE ATTENTION OF THE BOARD THE STANDARD RIGHT-OF-WAY RESOLUTION AND CONTRACT WITH THE DOT IN REGARD TO ACQUISITION OF RIGHT-OF-WAY IN SEC. 88501-2604 (FROM S.R. 60 NORTHERLY TO BARBER AVENUE) AND ASKED THAT THE BOARD APPROVE THESE DOCUMENTS AS THE MAP OF SURVEY MUST BE RECORDED THE SAME DAY, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 77-105 AND AUTHORIZED THE CHAIRMAN TO EXECUTE THE RIGHT-OF-WAY CONTRACT WITH THE DOT. K NOV 21977- 0 RESOLUTION NO. 77-105 Section 88501-2604 COUNTY COMMISSIONERS RESOLUTION On motion of Commissioner Siebert , seconded by Commissioner Loy ,.the following resolution was adopted: WHEREAS, the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION has authorized and requested Indian River County • to furnish the necessary rights of way, borrow pits and easements for that portion of Section 88501-2604, State Road S-711, from State Road 60 (Royal Palm Boulevard) in Vero Beach Northerly to Barber Avenue. • which has been surveyed and located by the STATE OF FLORIDA DEPART- 1MEIJT OF TRANSPORTATION as shown by a map on file in the Office of the Officer designated by law as the recorder for said County, and' in,the office of the said Department at Tallahassee, and WHEREAS, the said Department will not begin construction of said portion of said Section in said County until title to all land necessary for said portion of said Section has been conveyed to or Vested in said State by said County, and said lands are physically cleared of all occupants, tenants, fences, buildings, and/or other structures and improvements upon or encroaching within the limits of the land required for said portion of said Section; and WHEREAS, the said County is financially unable at this time to provide the necessary funds to acquire said•rights of way, borrow pits and easements; now therefore, be it' RESOLVED, that the STATE OF FLORIDA DEPARTKENT OF TRANS- PORTATION be and it is hereby requested to pay for the rights of way, borrow pits and easements for said road, including the removal, of buildings, fences and other structures and improvements thereon, utility relocations and'for other expenses of acquiring title to said rights of way, borrow pits and easements by purchase or condem- nation, from proceeds of State of Florida Department of General Services bonds or secondary gasoline.tax funds (Article XII, Section 9 (4-)', of Florida Constitution, and Section 335.041, Florida Statutes, as amended), whichever is available, under conditions set forth in the contract,*of which this resolution forms a part; and be it further A977 RESOLVED, that said County through its Board of County Commissioners, comply with the request of said Department and pro- cure, convey or vest in said State the free, clear and unencumbered title to all lands necessary for said portion of said Section, and deliver to the STATE OF FLORIDA DEPARTINIMIT OF TRANSPORTATION said lands physically clear of all occupants tenants, fences, buildings and/or other structures and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section and that the Chainaan and the Clerk of the Board be and they are hereby authorized and directed to execute and deliver on behalf of said County to said Department the Contract in the form hereto attached; STATE OF FLORIDA ) ---- COUNTY OF INDIAN RIVER I HEREBY CERTIFY that the foregoing is a true and correct copy of.resolution passed by the Board of County Commissioners of Indian River County, Florida, at a meeting held the 2nd day of November A. D., 1977 , and recorded in the Commissioners minutes. IN WITNESS WHEREOF, I hereunto set my hand and official seal this 2nd day of Nayw"h' r , A. D. 19 77 , Clerk of the Board o" County Commissioners, Indian River County m I Section 8501-20'04 FORM 179-09 iTAT[ Or momoA owrARTM6RT or Tn&"srORTi1T1014 RIGHT OF WAY RESOLUTION WHEREAS, pursuant to due authorization, the State Highway Engineer has had a part of Stale Road No. S-711 , in T-li nn County located and -mrveyed and has designated same as Section ? 1— ^ F n r. , and has prepared a Map of Survey and Location of that portion of said Section from State Road 60 (royal Palm Boulevard) in Vero Beach ?Tortherly to Farber Avenue. NOW, THEREFORE, BE IT RESOLVED by the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION that it hereby approves the location and survey of said portion of said Section as shown on said map and directs that a copy of said map, certified by the Director of Administration, attested by the Executive Secretary, be filed in the Office of the Clerk of the Circuit Court of said County;'and BE IT FURTHER RESOLVED that it is the judgment of the STATE OF FLORIDA DEPART- MENT OF TRANSPORTATION that the construction of said portion of said Section is neeess-ary. practical and to the best interest of the State, and that it is necessary that the right of way for the roadbed and borrow pits for said portion of said Section be acquired in fee simple and a perpetual easement shall be acquired for Drainage Ditches; and the Department is authorized to acquire the same by gift, purchase or condemnation; and BE IT FURTHER RESOLVED by the Department that said County be, and it is hereby requested and authorized, to secure by gift, purchase or condemnation the lands necessary for the right of way for the roadbed for said portion of said Section as shown on the official right of way map of said Section, together with any and all construction easements, borrow pits and easement: for drainage ditches that may hereafter be found and determined necessary in the construction and maintenance of said portion of said Section, said land to be free of legal and physical encumbrances; and BE IT FURTHER RESOLVED, that in the event the County agrees to secure the right of way for the roadbed, ditches and borrow pits for said portion of said Section, that the Director of Ad- ministration of the Department is hereby authorized to execute for the Department the usual Right of Way Contract with the County. DATED:46 k -A., '' �4 1971 J. (SEAL) STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: � &JJ_ JJ�'.t Secretary o -Transportation ATTEST: _ dt.P� Eseeutir Secretary IE .:_, e Section 88501-2604 RIGHT OF TRAY CONTRACT PROVIDING FOR USE OF SECONDARY GASOLINE TAX FUNDS OR STATE OF FLORIDA DEPAR'eMENT OF GENERAL SERVICES BOND FUNDS. THIS AGREEMENT, made and' entered into this 2nd day of November 19 77 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the "Department", and the COUNTY OF INDIAN RZy,-R . a Political Subdivision of the State of Florida, hereinafter called the "County", WI. iNES SETH: WHEREAS, -the Legislature of Florida has designated and established State Road No. S-711 , and the Department has located and surveyed a part of said Road designated as Section 885 '- 6 A • and has prepared a Map of Survey and Location covering that portion of said Section from State Road 6Q (Ro r I Pa I m nnijl�zrar�� in Vero Beach Northerly to Barber Avenue. .in said County, as.shown on a map, duly certified as provided by law, on file in the.office of the Department of Transportation, Tallahassee, Florida, and on file in the Office of the Officiate designated by law as the recorder for said County, and in the judgment of the Depart- ment said location and survey have been found to be practicable, necessary and to the best interest of the State, and. WHEREAS, the Department has requested and authorized said County to secure by donation or purchase, if possible, the lands and property necessary for such right of way, borrow pits and drainage easements for said portion of said Section, and such as may here- after be found necessary by the Department for said portion of said Section, and WHEREAS, the County is financially unable at this time to provide the necessary funds from local sources to acquire the right of way, borrow pits and drainage easements, and WHEREAS, the Board of County.Commissioners of said County, at a meeting duly called and held on the grid • day of November. , A. D., 19 77, adopted a resolution,*a copy of which is attached here - 1977 BOOK %. 4; M to as Exhibit "All and made a part herbof, signifying its agreement to comply with the Department's said request, requesting the Do * �part- ment to pay for acquiring said lands for right of way, borrow pits and drainage easements from funds which have been or may . be remitted to the Department under provisions of Article XII, section 9 (4), of the Florida Constitution, and Section 335.041, Florida Statutes, as amended, for expenditure solely within the County, or from proceeds of Lhe State of Florida Department of General Services bonds issued -for the purpose of constructing this project, and authorizing its Chairman and its Clerk, on its behalf, to execute this Contract; NOW, THEREFORE, for and in consideration of the premises and*of the mutual undertakings• hereinafter set forth, the parties mutually covenant and agree as follows: 1. The County shall forthwith furnish the Department with a title search made by a reliable A bstractor.or Abstract Company showing the present ownership and record description of each parcel of land over which said right of way, borrow pits and/or easements extend, together with all unsatisfied or outstanding recorded liens or encumbrances, leases and tax deeds, tax liens and tax certificates, or other interests, including possessive interests. Thereupon the Department shall prepare and furnish to the County the descriptions of said rights of way, borrow pits and/or easements to be acquired for eachiof the several parcels of land, or interests therein as shown .by said title search. The furnishing of said descriptions shall be solely for the assistance of the County and nothing in this paragraph shall be taken or construed as the Department's acceptance of the title, or quality of the title, . to the land or easements shown, and shall not release or relieve the County of its agreement herein to ftkrhish the Department free, clear and unencumbered title to the land required for'said right of way, borrow pits -and easements, or from any of its covenants hereunder. 2. After the Department has furnished.the County said descrip- tion, the County shall .proceed, *out of the funds specifiedI below, to acquire I either by donation or purchase the free, clear and unen- cumbered title to the land so reqdired as aforesaid for said portion -2- 2 1977 Banc CIIIIII � A of said Section by the Department for said rights of way, borrow pits and casemcnts, convey or vest the same to or in the State. of Florida for .the use of the State of Florida M,partment of Transpor- tation, by good and sufficient deed or deeds, and deliver to the Department said land physically clear of all occupants, tenants, fencos, buildings and/or other structurr.s and improvements situate upon or encroaching within the limits of the lands required for said portion of said Section and shall have adjusted or secure arrangements .for the adjustment -of- all sanitary and/or storm sewers, gas mains, meter, water mains, fire hydrants, pipes, poles, wires, cables,• conduits, and other utilities and facilities situate or encroaching upon said land. Any land to which the County has heretofore acquired r free, clear and unencumbered title, which may be necessary for said Fights of way, borrow pits and/or easements, shall be conveyed by the County to the State for the said use under the provisions of this section. Upon completion; the County shall make a certificate to the Department stating for each parcel and instruments vesting the free, clear and unencumbered title thereto in the State and certify- ing the removal of all occupants, tenants, fences, buildings and/or other structures and improvements and adjustment of all facilities and certifying that the free, clear and unencumbered title thereto As vested in the State and that all physical encumbrances are removed and that said rights of way are ready for construction of said por- tion of said Section. 3. In those instances where the County is unable to acquire, either by donation or purchase the lands and property necessary for such right of way, borrow pits and drainage easements for said por- tion of said Section, and such as may hereafter be found necessary by the Department for said portion of said.Section, the County shall notify the Department of the necessity for condemnation proceedings. The Department shall then, at its sole option, either condemn the lands or authorize the County to do so. In those cases where the Department authorizes the County to handle the condemnation proceed- ings, the County shall make a certificate to the Department stating -3- In M K • , for each parcel condemned the instruments vc.st'irig the free, char and unencumbered title thereto in the Statd and certifying the removal. of all occupants, tenants, fences, buildings and/or other structures and improvements and adjustments of All facilities and certifying that the free, clear and unencumbered title thereto is vested in the State a: t3= ail physical encumbrances are removed and that said rights of way are ready for construction of said portion of said Section. 4. Commencing with the date when the Department shall begin construction operations on said portion of said Section, and at all times thereafter for so long as said portion of said Section shall continue to be a part of the State System of Roads the County, solely at its own expense, shall save, defend and keep the State of Florida, and the Department, its officers, employees and contractors harmless from any and all damages, claims or injuries, actions at law or suits in equity arising from or growing out of any defect or alleged defect affecting the title or right of possession of the State of Florida for the use of said road, to any portions of the lands, borrow pits and easements acquired by the County and required by the Department for said portion of said Section as aforesaid, or because of the lack of title or right of possession thereto or by reason of encumbrances thereon, or failure to have removed occupants, tenants, fences, buildings and/or other structures and improvements or made or caused to be made adjustments of utilities and facilities thereon, and the County agrees to pay and discharge all lawful claims, damages, judgments, decrees and any other expenses arising from or growing out of such claims, injuries, actions or suits. 5. The Department agrees, at.the direction of the County, by resolution attached hereto and made a part hereof, to pay for items set forth in Paragraph 7 below, either from proceeds of State of Florida Department of General Services bands issued for.the pur- pose of construction this project, or from secondary gasoline tax funds (Article XII, Section 9(4), of the Florida Constitution, and Section 335.041, Florida Statutes, as amended), 6. The County agrees that its acquisition of said rights of way, borrow pits and easements shall -be conducted under supervision -4- 800K 31 PA;r.. R of the'Department. Upon receipt of the necessary and proper infor- mation from the County, the Department shall prepare requisitions for payment out of said funds directly to the proper persons for the items set forth in Paragraph 7. 7. The purchase or condemnation of the lands or interests required for rights of way, borrow pits and/or drainage easements for said portion of. said Se. --tion as aforesaid shall be paid for in the following manner: An appraisal shall be prepared of costs and damages required 'for the acquisition of the lands and ease- ments and the ciear. inc; of the r� ght of way of all physical obstructions which shall be approved by the Department. After the appraisal is thus approved, expenditures of said funds will be approved for the following purposes and in the following amounts: 1. Payment of the price for the parcels of land or easements arril,ee at either by negotiation or by awards in condemnation including relocation assistance as applicable under Department policies and.regulations. 2. The costs of title search and other title infor- •nation up to such amount as may be approved by the Department. 3. The costs of the appraisal up to such amount as may be approved by the Department, provided the appraiser is approved by the Department before he is employed. 4. The compensaticn to be paid to the County Attorney, if applicable, handling the condemnation proceedings shall be a reasonable fee, as determined by the County Commissioners and approved by proper resolu- tion, which shall, in all cases, be subject to approval by the State of Florida Department of Transportation. 5—Payment. into the Registry of the Court of amount set out in Order of Taking, if proceedings are instituted under Chapter 74, Florida Statutes. The County agrees not to stipulate for or agree to expenditure of funds from this deposit without approval of same by the Depactment, and further agrees that money so deposited shall be used only for the payment cf swards of compensation to pro- perty owners; and rhf> County further agrees to reimburse the Department for any money expended from said deposit for any other. purpose. IN WITNESS WHEREOF, the Department has caused this Agreement to be executed in 'quadruplicate by its Director of Administration. and Executive Secretary, and its official seal to be affixed; and -5- V 21977 �x3 1 PA I NOV 21977 wa 31 %413 1 the County has caused it to be executed by its Chairman and its Clerk, and its official seal to be affixed, the day and year first above written. Signed, sealed and delivered STATE OF FLORIDA DEPARTMENT OF in the presence of: TRANSPORTATION BY: ' Director of Administration ATTEST: (SEAL) As•°to the Department Executive Secretary COUNTY OF INDIAN RIVER . FLORIDA BY: .. Chairman ATTESTI '� - (SEAL) o she County D Clerk of the Board of Obunty Commissionerg Indian River County NOV 21977 wa 31 %413 1 CHAIRMAN WODTKE INFORMED•THE BOARD THAT A PROBLEM HAS ARISEN IN REGARD TO THE EMERGENCY GENERATOR AND AUTOMATIC SWITCH THAT WERE APPROVED FOR INSTALLATION AT THE COUNTY .TAIL SEVERAL MEETINGS AGO. IT WAS THOUGHT THAT THE LOW BID ACCEPTED FOR THIS WORK WOULD COVER THE ENTIRE COST, BUT IT HAS SINCE BEEN DETERMINED THAT ADDITIONAL WORK WILL HAVE TO BE DONE IN ORDER TO MEET THE BUILDING CODE. SHERIFF JOYCE EXPLAINED THAT ALL THE OUTSIDE WIRING AND SWITCH BOXES ON THE BACK OF THE JAIL ARE OBSOLETE, AND THE EMER GENCY GENERATOR CANNOT BE HOOKED UP UNTIL THIS SITUATION IS CORRECTED AND APPROVED. HE INFORMED THE BOARD THAT THIS CAN BE DONE AT A COST OF $1,364.00 AS PER THE FOLLOWING BID FROM INDIAN RIVER ELECTRIC. 2316 14TH AVENUE PHONE: 567.4482 INDIAN RIVER ELECTRIC, INC. EU..CMCAL CON7WACTING P.O. BOX 2166 VERO BEACH, FLORIDA -32960 October 08,1977 Indian River County Atf. Sheriff Sam T. Joice Vero Beach Fla. 32960 To Ins%all 3 phase rain -fife 400 amp main switch of the generator room ----------- 634.00 To Install 3 phase—rain-fife 400 amp distribution panel on main building,reconnect circuits ------ 730.00 1364.00 Yours truly, Indian•River Erkectric% Hanse B rker 12 NOV 1977 31 414 ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMIS- SIONER DEESON, THE BOARD UNANIMOUSLY APPROVED PAYMENT OF $1,364.00 FOR WORK TO BE DONE AT THE JAIL AS SET OUT IN THE PROPOSAL FROM INDIAN RIVER ELECTRIC, THIS AMOUNT TO BE PAID OUT OF FEDERAL REVENUE SHARING FUNDS, AND AUTHORIZED THE FOLLOWING BUDGET AMENDMENT: ACCOUNT TITLE ACCOUNT Na. INCREASE CREASE .TAIL EQUIPMENT 62-3322-402.99 $1,364.00 RES. FOR CONTINGENCIES 62-9990-701.00 IV $1,364.00 S. P. MUSICK, SURVEYOR, APPEARED BEFORE THE BOARD REQUEST- ING FINAL APPROVAL OF EXECUTIVE MANOR SUBDIVISION, UNIT #2, ON BE- HALF OF MR. AND MRS. .JOHN LUNDMARK. HE INFORMED THE BOARD THAT THE WORDING ON THIS PLAT IS SLIGHTLY DIFFERENT THAN THE WORDING REQUESTED IN THE ADMINISTRATORS MEMO BECAUSE THE PLAT WAS PREPARED PRIOR TO RECEIPT OF THE MEMO, BUT HE FELT THE WORDING IS CONSISTENT WITH THE MEANING OF THE WORDING IN THE MEMO, MR. MUSICK REQUESTED THAT THE BOARD ACCEPT THIS WORDING SO THAT HE DOES NOT HAVE TO REDO THE PLAT. ADMINISTRATOR JENNINGS RECOMMENDED THAT THE PLAT BE APPROVED, AS THE -WORDING CHANGE IS VERY MINOR, AND ATTORNEY COLLINS FELT THE WORDING ON THE PLAT IN SUBSTANCE CONTAINS THE CRUX OF WHAT IS DESIRED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL TO EXECUTIVE MANOR SUBDIVISION, UNIT #2. ATTORNEY COLLINS REPORTED THAT HE HAS REVIEWED AND FOUND SATISFACTORY DOCUMENTS PREPARED BY HARRY HAUTH IN REGARD TO A RELEASE OF EASEMENT AS APPROVED -BY THE BOARD AT THE MEETING OF OCTOBER 5, 1977. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 77-106 AND AUTHO- RIZED THE CHAIRMAN TO SIGN THE RELEASE OF EASEMENT. 13 OV 2 19.77 Boa 31 � ��: 4115 K RESOLUTION NO.-' 77-106 WHEREAS, the Board of County Commissioners of Indian / River County, Florida have been requested to release the five foot easement on the east five feet of Lots l and 3, and the five foot easement on the west five feet of Lots 3 and 5 of RIVERSIDE ESTATES, according to the plat of the same filed in the office of the Clerk of the Circuit Court of Indian River County, Florida in Plat Book 5, page 50; and WHEREAS said five foot side lot line easements were dedicated on the Plat of said RIVERSIDE ESTATES SUBDIVISION for public utility purposes; and WHEREAS, the request for such release for easement has been submitted in proper form; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,. FLORIDA, that the following side lot line easements in RIVERSIDE ESTATES SUBDIVISION shall be. A d released, abandoned and vacated, as *follows: The East 5 feet, or side lot line utility and drainage easement of Lots 1 and 3; the West 5 feet, or side lot line utility and drainage easement of Lots 3 and 5, all as reserved by plat of RIVERSIDE ESTATES SUBDIVISION, as filed in Plat Book 5, page 50, public records of Indian River County, Florida. BE IT FURTHER RESOLVED that the Chairman of the Board of. County Commissioners and the Clerk of the Circuit Court be, and they are hereby authorized and directed to execute a release of said lot line easements hereinabove referred to in form proper for _ recording and placing in the Public Records of Indian River County, Florida. This 2nd day of November 1977• BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA B y : William C. Wodtke, J Chairman Attest•r:�e • Freda Wright, C1,6rk ° • Y NOV 2 1977, , Bata! 31 '� RELEASE OF EASEMENT THIS RELEASE OF EASEMENT Made and executed this2nd day of November 1977, by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a Political Subdivision of the State of Florida, first party, to HARRY.H. HAUTH and HARRIET W. HAUTH, his wife, whose address is Route 2, Box 47, Jungle Trail, Vero Beach, Florida, parties of the second part. W I T N E S S E T H: 'That the said party of the first part, for and in con- sideration of the sunt of ONE DOLLAR ($1.00) and other good and valuable consideration in hand paid by the said second parties, does hereby remise, release, abandon and quit claim unto the second parties forever, all the right, title, interest, claim and demand which the said first party has in and to the following described easement, lying on land situate in the County of Indian River and State of Florida, to -wit: The East 5 feet, or side Tot line utility and drainage easement of Lots 1 and 3; the West 5 feet, or side lot line utility and drainage easement of Lots 3 and 5, all as reserved by plat of RIVERSIDE ESTATES SUBDIVISION, as filed in Plat Book 5, page 50, public records of Indian River County, Florida. TO HAVE AND TO HOLD the same with all and singular the appurtenances thereunto belonging or in anywise appertaining and all the estate, right, title, interest, equity and claim whatso- ever of the said first part; either in law or equity to the only _proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents by the parties so authorized by law the day and.year first above written. Signed, sealed and delivered BOARD OF COUNTY COMMISSIONERS OF in the presence of: INDIAN RIVER COUNTY, FLORID By: C .iIIiam C. Wodtke, Jr., .hairC man Attest:ltz( (�s Freda Wright, Clerk A proved a t For County A c Smith, Heath, Smith & O'Haire, Attomeys At Low, P. O. Box 1030, Vero Beach, Florida 32960 (305) 6674351 BOOK 31 w 417 STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY.CERTIFY that on this day before me, an officer duly authorized in the State aforesaid and the County aforesaid to take acknowledgments, personally appeared WILLIAM C. WODTKE, JR., as Chairman of the Board of County Commissioners of Indian River County, Florida, a Political Subdivision in the State of* Florida, and FREDA WRIGHT, as Clerk of the Circuit Court, to me' known to be the persons duly authorized by said County to execute the foregoing instrument, and they acknowledged before me that they executed the.same for and on,behalf of said Political Sub- division. WITNESS my hand and seal in the County and State last aforesaid this 2nd day of November_, 1977.. otary lic, State of Vlorida at Large. My commission expires: VOTARY PUBLIC STATE OF FLORIDA AT WOW MY CONJAISSION EXPIRES IULY e. 1978 amb is THRU OFNERAt INSURANCE UNDERWRITERS Smith, Heath, Smith & O'Haire, Attomeys At Low, P. O. Box 1030, Vero Beach, Florida 32960 • (305) 567-4351 NOV 21977• • 1 CHAIRMAN WODTKE ANNOUNCED -THAT ITEM 10 IN REGARD TO EXPAN— SION OF THE COMPUTER SYSTEM WILL BE HELD OVER UNTIL THE NEXT MEETING. THE BOARD DISCUSSED REQUEST OF THE SEBASTIAN FIRE DEPART— MENT IN REGARD TO SELLING A FIRE TRUCK AS SET OUT IN LETTER FROM CHIEF ARAND DATED OCTOBER 26, 1977, AS FOLLOWS: �`- Sebastian Volunteer Fire Department and Ambulance Squad, Inc. P. O. Box 539 SEBASTIAN, FLORIDA - 32958 SERVING ALL OF NORTH INDIAN RIVER COUNTY VOLUNTARILY 26 October 1977 o Hr OCT 1977] ti RECEIVED Indian _.aver Countycl ���11NS810fS �If %�a County Coirnissiorsrs 1 2121 14th r verue �! • ��`� Vero Beach, Florida .329cC Lear Couriissioners. The Sebastian 'Tolunteer Fire eparta,ient would like to a%:c the Countyts ; et^rission to sell a 19•+ iodge Fire .ruc'c to 2:r. I=aul Stevenson. i•.r. Stevenson :7 -ave the +•roti: tc <e City of Sebastian sore years ago and the C;t ' of Sebastia:: signed it over to the County. the truck has :of been used.. for over two years. rx. Stevenson would row like to rurciase the truck if possible. ,I would appreciate any consideration you can dive this matter and will be expecting to hear from you soon. Respectfully yours, K. Ii. (Buddy) Brand, Chief ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THERE HAD BEEN SOME CONFUSION ABOUT THIS TRUCK, BUT IT HAS BEEN DETERMINED THAT THE COUNTY DOES HAVE THE TITLE. HE SUGGESTED THAT THE TITLE BE TRANSFERRED TO SEBASTIAN VOLUNTEER FIRE DEPARTMENT. ATTORNEY COLLINS STATED THAT THE TRUCK SHOULD BE ADVERTISED FOR SALE, BUT NOTED THAT THE COUNTY COULD KEEP THE TITLE AND JUST GIVE THE PROCEEDS TO THE SEBASTIAN FIRE DEPARTMENT. 17 r $ooh 31 PA,F 4 9 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED INTERGOVERN- MENTAL COORDINATOR THOMAS TO ADVERTISE THE 1948 DODGE FIRE TRUCK FOR SALE AS REQUESTED BY THE SEBASTIAN VOLUNTEER FIRE DEPARTMENT. CHAIRMAN WODTKE WILL WRITE CHIEF ARAND IN REGARD TO THIS. MATTER. CHAIRMAN WODTKE REPORTED THAT HE HAS RECEIVED A LETTER FROM THE STATE ENERGY DIRECTOR ASKING THAT A COUNTY FUEL ALLOCATION OFFICER BE APPOINTED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 77-107 APPOINTING ASSISTANT ADMINISTRATOR NEIL NELSON COUNTY FUEL ALLOCA- TION OFFICER. 18 OV 2 1977 eooK 31 PAcf 4203 RESOLUTION NO. 77-107 WHEREAS, Indian River County has been requested by the Department of Adminstration, State of Florida, State Energy Director, to appoint a Fuel Allocation Officer; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That NEIL NELSON, Assistant County Administrator for Indian River County, Florida, is hereby appointed as the Indian River County Fuel Allocation Officer; and BE IT FURTHER RESOLVED, That NEIL NELSON shall assume all obligations and,responsibilities that go with the appointment. This Resolution shall become effective as of the 2nd day of November , 1977. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA William C. Wodtke, ., Chairman Attest: °.`�2 c h_ o ' Freda Wright, NOV2 1.977 BOOK 31 PAr CA CHAIRMAN WODTKE INFORMED THE BOARD THAT HE WOULD LIKE TO ISSUE -A PROCLAMATION DESIGNATING THE WEEK OF NOVEMBER 13TH TO 19TH AS AMERICAN EDUCATION WEEK AND, EVEN THOUGH IT IS NOT NECESSARY, ASKED THAT THE BOARD ADOPT THE PROCLAMATION. .ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED PROCLAMATION IN REGARD TO AMERICAN EDUCATION WEEK AND AUTHORIZED THE CHAIRMAN TO SIGN IT AND MAKE THE APPROPRIATE PRESENTATION. 20 NOV 2 W7 Roos. 31 Au ri P R O C L A M A T I O N WHEREAS, the schools represent the best efforts of the community, the state and the nation to improve the quality of life; and WHEREAS, defining the school's goals and evaluating their results are the responsibilities of an informed and involved citizenry; and WHEREAS, there is i widespread need for better communi- cation and more cooperative relationships between professional educators and the community. NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the week of November 13 to November 19, 1977 be designated as AMERICAN EDUCATION WEEK and urge all citizens to: Reaffirm their commitment to improving education on all levels, and Translate that commitment into action by visiting local schools. Done in regular session of the Board of County Com- missioners of Indian River County, Florida on the 2nd day ' of November, 1977. f BOARD OF COUNTY C=4ISSIONERS OF INDIAN RIVER COUNTY, FLORIDA WI iam C. Wodtke, r. Chairman ATTEST: Freda Wrag it, .. t,. .,..�e:-�,.. m.r.v'�ir `S.ti" :rt ••.L.-;T_rn, v.•r:•rr.•... •,1.....» ..w.r.•.,>.. :e•.m.t....p.w-..,,. OV 2 1977 -, BOOK 31, PAU �,, R , ZONING DIRECTOR DEWEY WALKER CAME BEFORE THE BOARD IN REGARD TO A SPECIAL EXCEPTION TO ORDINANCE 74-20 FOR .JOHN HENRY MATTHEWS AND MARIE MATTHEWS. HE.STATED THAT THEY WISH TO BUILD A -HOUSE IN UNPLATTED WHITFIELD SUBDIVISION, AND THEY OWNED THIS LAND BEFORE DECEMBER OF 1973, HE NOTED THAT THE PROPERTY IS 20NED R-3 AND IT DOES HAVE ACCESS, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY GRANTED A SPECIAL EXCEPTION TO ORDINANCE 74-20 TO .JOHN HENRY MATTHEWS AND MARIE MATTHEWS IN AC- CORDANCE WITH DEED PRESENTED TO THE BOARD. ZONING DIRECTOR WALKER NEXT DISCUSSED THE SPECIAL EXCEP- TION REQUESTED BY LEVAN DOUGLAS, NOTING THAT MR. DOUGLAS ALSO WISHES . TO BUILD A HOUSE IN UNPLATTED WHITFIELD SUBDIVISION, AND HE, TOO, OWNED HIS LAND BEFORE DECEMBER OF 1973. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED A SPECIAL EXCEPTION TO ORDINANCE 74-20 TO LEVAN DOUGLAS IN ACCORDANCE WITH DEED PRESENTED TO THE BOARD. ZONING DIRECTOR WALKER INFORMED THE BOARD THAT ETHELYN BRUCE IS REQUESTING A SPECIAL EXCEPTION TO BUILD AN A -FRAME HOUSE ON HER RIVERFRONT PROPERTY OFF OF ROSELAND ROAD. MR. WALKER STATED THAT MRS. BRUCE HAS OWNED THIS PROPERTY SINCE 1969 AND MEETS THE SPECIAL EXCEPTION REQUIREMENTS. SHE HAS INGRESS AND EGRESS TO HER PROPERTY OVER A SMALL EASEMENT. ON MOTION BY COMMISSIONER Loy,'SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED.A SPECIAL EXCEPTION TO ORDINANCE 74-20 TO MRS. ETHELYN BRUCE. ATTORNEY COLLINS INFORMED THE BOARD THAT RESOLUTIONS NEED TO BE ADOPTED FOR.LAURELWOOD SUBDIVISION STREET LIGHTING DISTRICT IN REGARD TO OPENING A BANK ACCOUNT AND AUTHORIZING SOMEONE TO MAKE DEPOSITS AND WITHDRAWALS, ETC, ON MOTION BY COMMISSIONER-SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE-BOARD.OF SUPER- VISORS OF THE•LAURELWOOD STREET LIGHTING DISTRICT, UNANIMOUSLY ADOPTED RESOLUTION NO. 77-2. 22 NOV 21977 J1 PAcF 4 0 C RESOLUTION NO. 77-2 WHEREAS, the Board of County Commissioners of Indian River County acting as the Board of Supervisors of the Laurelwood Street Lighting District from time to time have excess funds, and WHEREAS, good business practice requires these funds be invested in appropriate interest bearing instruments; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE LAURELWOOD SUBDIVISION STREET LIGHTING DISTRICT, that William C. Wodtke, Jr., Chairman, and/or Sharon R. Keen, Cashier, acting as his deputy, is authorized to open, make deposits in and withdrawals from passbook savings accounts of said District and to purchase and sell time deposits and U.S. Government securities for said District. Said Resolution shall become effective as of the 2nd day of November, 1977. BOARD OF SUPERVISORS LAURELWOOD STREET LIGHTING DISTRICT B y William C. Wodtk , Jr., Chairman Attest: FREDA WRIGHT, Cler of Courts NO 2 1977 , BOOR 01 PAGE 425 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE BOARD OF SUPERVISORS OF THE LAURELWOOD STREET LIGHTING DISTRICT, UNANIMOUSLY ADOPTED RESOLUTION N0. 77-3, RESOLUTION NO. 77-3 November 2, 19 77 FIRST CITRUS BANK OF INDIAN RIVER COUNTY VERO BEACH, FLORIDA Gentlemen: On the 2nd day of November 19 77 , a meeting of Laurelwood Street Lighting District (Name of Organization) was held and it was resolved that all checks, drafts or orders drawn against the account of said organization in First Citrus Bank of Indian River County Vero Beach, Florida,be signe by any one of the following: ` Name d .0- Title Commissioner Name UA&u Title Deputy Clerk, Cashier Name Title Name Title and countersigned by any one of the following (if none so state) Name None Title Name None Title This authorization shall continue in force and said bank may consider the facts concerning the holders of said offices, respectively, and their signatures to be and continue as set forth on the enclosed sig- nature cards, until written notice to the contrary is duly served on said bank. All previous authorizations and signature cards are hereby declared null and void. The monthly statements for this organization are to be mailed to: County Finance Office P.O. Box 1028 Vero Beach, Florida 32960 Yours very truly, Laurelwood Street Lighting District (Organization) Clerk of Circuit Court FCB -7M -I0.75 -VOP • 40 24 All 0V 21977 a�oK, PAr,F d6 I ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY ADOPTED•RESOLUTION 77-108 HONORING LONE HENRY. BOOM' . i'r• at n n n n n n n n n n n n n n n n n n n n n n ., .. ., .. .. .•. �-. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA RESOLUTION NO. 77-108 _ s WHEREAS, IONE B. HENRY has made a tremendous con- tribution in our area providing needed Governmental services to physically or financially handicapped children through the Head Start Program within Indian River County;. and WHEREAS, IONE B. HENRY has brought a calm to what previously was a stormy sea through the use of her good judgment and likeable personality; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the Board, on behalf of itself and the citizens of Indian River County, honors IONE B. HENRY for the services she has performed to the County; and BE IT FURTHER RESOLVED, That IONE B. HENRY'S previous resignation is reluctantly acknowledged with the hope from the Board that her move to a new location will prove to be a rewarding and satisfying experience. This Resolution shall become effective as of the 2nd day of November , 1977. �IVEJ? f �% , Chairman,Commty Cominissionyfs t,.«.k J._ ♦..l�i.n:....bf.•.1ri.i. ... _. .e.,r�.... ...� � _... .r .6.L �.ta.. , � ...> .. .«..r.. .. ...-♦r....,�. ......__.. ._.. .. ..... u. ....• • .- V 21977 ��D 31 PA:tE 2. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 77-109 OBJECTING TO i THE TAKING OF PORPOISE IN INDIAN RIVER COUNTY. s NOV 2 19 27 ®O�c J40.909 RESOLUTION NO. 77-109 WHEREAS, in support of the fish and porpoise population in the Indian River within the boundaries of Indian River County, Florida, the Board of County Commissioners has taken an aggressive role to protect its natural resources by: A. The passage of House Bill 1043, a copy of which is attached to this Resolution. B. The passage of House Bill 1044, a copy of which is attached to this Resolution. C. The passage of House Bill 1061, a copy of which is attached to this Resolution. D. The passage of House Bill 1990, a copy of which is attached to this Resolution. E. The passage of House Bill 631, a copy of which is attached to this Resolution. F. The passage of House Bill 5454, a copy of which is attached to this Resolution. and WHEREAS, The Board of County Commissioners of Indian River County, Florida has previously gone on record opposing the taking of porpoises within Indian River County by any State or Federal Governmental Agency; and WHEREAS, in disregard of the County's position as documented within this Resolution, the Department of the Navy, The Natural Marine Fishery Service, Sea World of Florida, and other State and Federal Governmentai Agencies, have ignored the mandate of Indian River County by the issuance of Marine Mammal Permit No. 12; and WHEREAS, as a result of the issuance of Permit No. 12 and the netting of porpoises within the'Indian River Area, a' tremendous public outcry occurred, evidencing the opposition of the citizens of Indian River County to. the taking of our OV 21977 Bow 3.1 FAu 410 natural resource without the County's knowledge or consent. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That all State and Federal Governmental Agencies be put on notice as to the County's oppostion to the taking of porpoises within the County limits of Indian River County, Florida; and BE IT FURTHER RESOLVED, that a copy of this Resolution be mailed to all interested parties. This Resolution shall become effective as of the 2nd day of November , 1977. Attest: Freda Wright, Clerpk OV 2 1977 . . BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By 4 William C. Wodtke, Jr., Chairman BOOK 31 Pw 41131 )0 I-AIVS ()F FLORIDA .►ani lil CIIAI'Mi 21304—(\o. 101)6), IIOUSM, BILL -N0. 10.13 AN ACT to Prohibit the Taking of or Atten►pting to Take Fish, Except With Hook and Line, in All Waters of the Indian River County, Florida, Wbich Are Within the Distance of One Hundred lards in Any Direction of and From Ally Bridge Which Traverccs the Indian River or Any Part Thereof in Indian River C'oupty, Florida; Providing for the Enforce- ment of ,Said Act; Providing Penalties for the Violation of Said Act. Be It Enacted by the Legislature of the State of Florida:. Section 1. For the purpose of this Act, the following shall be construed respectively to mean: ' Person. The plural or singular, as the case den►ands, includ- ing individuals, miociatious, partnerships and corporations, un- less the contest rhould otherwise require. Taking or attempting to take. Whenever it is made unlawful to "ta7:e" or "attempt to take" fish, the same shall be construed to include the pursuing, killing, capturing, trapping, snaring, netting, gigging and worrying or attempting to pursue, kill, cap- ture, trap, snare, net, gib or worry fish. Section 2. It shall be unlawful for any person to take or attempt to take fish, except with hook and line, in all waters of .-the Indian River in Indian River County, Florida, which are within the distance of one hundred yards in any direction of and from any bridge which traverses the Iridian River, or any part thereof, in Indian River County, Florida. Section 3. Any person violating any provision of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished by fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the County jail, for a period not exceeding six months, or by both such fine and imprison- ment, in the discretion of the Court trying the offender. Section 4. All laws and parts of laws in conflict herewith are hereby repealed. Section 5. This Act shall become effective immediately upon its becoming a law. Approved by the Governor, May 26, 1941. Filed in Office Secretary of State, May 27, 1941. e OV 2 1977 UilUA 31 ®1 L 17 0V 21977 BOOK 31 pAr r LAWS OF FLORIDA 891 CIIAPTER 21305—(No. 1097). Map. Taos ( HOUSE BILL NO. 1044 AN ACT Prohibiting the Taking of or Attempting to Tale F;sh, i Except 'With Hook and Line, in the Channel of the Indian River in Indian River County, Florida, or Within One IIun- dred Feet on Each Side of Said Channel; Proh'biling the. Use of Net-, Seines and Other Devices in Said Waters of Said Arca; Defining the Terms "Channel" amt Other Tereus Set Out in Said Act; Providing Penalties for the Violation of Sdid Act and Providing for the Enforcement Thereof. i Be It Evacted by the Legislature of the State of Florida: Section 1. For the purpnse of this Act, the following terms shall be construed respectively to mean: { PERSON. The plural or singular, as the case demamis, in - eludes individuals, associations, partnership, and corporations, unless the context should otherwise require. i TAKE. \Vhecever it is made unlawful to "take" fish, the j word "take" shall include pursuing, killing, capturing, tral,pim, snaring, netting, gigging and worrying a fish, or attempting so to do, or placing or using any net, trap, snare, seine or other device for the purpo-e of taking same and whether or not such act or acts result in taking such fish. - "Iu the chancel of the Indian River, in Indian River County, Florida, or Avithin one hundred feet on each side of said channel" is for the purposes of this Act herewith defined to be, and this Act shall be so construed, all waters within the navigable channel of the Indian River in Indian Riyer County, Florida, and which navi- gable channel is a part of the inland waterways, and which said navigable channel is located by buoys or other ni.arkerit placed by the United States Engineers together with the area extendinn a distance of one hundred feet from each side of said channel in a direction away from , the center of such channel and the tsides of which channel being as determined and marked by the buoys and markers placed by United States Engineers. Section 2. It shall be unlawful for any person to take or at- tempt to take fish, except with book and line, in the channel of the Indian River in Indian River County, Florida; and within one hundred feet on each side of said channel. 0V 21977 BOOK 31 pAr K CIL1PTHR 21306—(!\To: 1098). IIOUSE BILL NO. 1061 AIN ACT Finding and Deciar:lte That the Conservation of the Surface Waters and the Raising of the Level of the water Table in Indian River County, Florida, Where the Same Slay be Necessary, is in the Interest of the Public Welfare; Au- thorizing the Board of County Commissioners of Indian River County to Conserve the Surface Waters in Indian River f County; Providing Authority in the Board of County Coin- missioners of Indian. River County to Erect and Maintain Dams, Gates and Other Barriers and Devices for Controlling and Conserving the Flow of Surface Waters in Any Natural or Artificial Outlet or 'Drainage; Prohibiting the unauthorized Interference With 'Any Dani, Gate or Other Barrier or Deviee so Erected and Providing the Punishment antl Penalty There- for; Providing a Remed} for the Reiief or Retlrrec by the Owner or Any Other Perwin Itaving .lny Interest in a.1 to Any Lands Which May I,e Aamu;;ed or Suhj.•rt to ac a• Result of the Erection. unci maintr•nunrr 4of au.•h fiatM _....... ------ Chap. 21308 or Dams; Providing for the Payment of the Costs of'Brecting 1941 and 'Maintainin;; Such Devices for the Control and Couserva- tion of the Flow of Surface Waters; Authorizing the Board of County Comutissioners of Indian River County, After Due Notice, to Suspend the Bight to the Further Drainage of Swamps, Marshes, Fakes and other Natural Bodies of Surface Waters; Providing That This Act Shall Not Apply to Lands 'or MVaters Within the Boundaries of Any Drainage District Duly Organized and Existing in Indian River County, Flor- ida, or to' Any Waters, Ditches, or Canals Which Form a Part of the Plan of Reclamation of Any Drainage District Duly Organized and Existing in Tndian River County, Flor-• ida; and Repealing All Laws in Conflict IIerewith. Be It Ettactetl by the. Legislature of the State of Florida: Section 1. It is hereby determined that the extensive drain- age of swamps, swamp lands, marshes, lakes and other natural _ bodies of surface waters in Indian River County, Florida, has seriously injured and added greatly to the hazards of the pro- duction of citrus fruit, vegetables and other agricultural, horti- cultural and floricultural product; by the lowering of the nater table underlying the lands on which said crops are produced; and further, by draining off vast natural bodies of surface waters which, in the past, Katie afforded frost protection to.said crops. It is further found and determined that the protection of tliese agricultural, horticultural and floricultural endeavors are of vast importance to the health and prosperity of the people of Indian River County, Florida. Section 2. For the purpose of providing a means for the conservation of surface waters and raising the water table under- lying the lands devoted to the culture of fruits, vegetables and ' other crops and all lands devoted to agriculture, horticulture and floriculture in Indian River County, Florida, the Board of County Commissioners of Indian River County is hereby invested with authority to conserve the surface waters and to control the drainage and flow thereof. Section 3. Wlienever it shall be made to appear to the Board of County Commissioners of Indian River County that there ex- ists a necessity for the conservation of surface waters in any natural or bodies thereof in said county, said Board of County Commissioners is hereby authorized .and empowered in the dis- OV 21977 - ROOK 31 PAs 434 CHAPTER G3474 HOUSE BILL NO. 1990 to fishing in the Sebastian River; making un- AN ACT relating of fish by certain specified means; providing lawful the pro ding effective date. exception; P Florida. Be It Ejwcted by the Leg lature of the State of rsons, firm or cor- It is unlawful for any Person, Pe with any net Section 1• net, fish or cause to be fished, or to poration to place, of its tributaries, or nets in the Sebastian river u ori the Sebastian river or feet nets or net in or P 1600) possess any west of a point sixteen hundred t that it East Coast Railway bridge: except Of its tributaries, west -of the Florida common cast net for the Purpose shall be permissible to use a of catching salt water fish• immediately upon be - Section 2. This act shall take effect coming a law.approval- Became ov al. Became a law without rh oGStat June 11, 1963' T Filed in Office Secretary o N0V 2 1977 A 900K 1 PAG-'I'Q • J OV 21977.. CHAPTER 65-967 HOUSE BILL NO. 631 AN'' ACT relating to the taking of fish from the waters of the Indian and Banana rivers; prohibiting the use of certain gill or drag nets; providing a penalty; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. It shall be unlawful for any person to take fish from the waters of Indian River in Brevard, Indian River, or St. Lucie counties or from the waters of the Banana Fiver in Brevard county with any gill or drag net having a bar meas- urement of less than one and seven sixteenths (1 %„) inches. Section 2. Any person violating the provisions of this act shall upon conviction be fined not more than three hundred (300) dollars or imprisonment not to exceed thirty (30) days or both. Section 3. This act shall take effect July 1, 1965. Became a law without the Governor's approval. Filed in Office Secretary of State.June 4, 1965. Boa 31 PA,F •3 CHAnER 70-743 I LAWS OF FLORIDA CHAPTER 70-742 House Bill No. 5454 AN ACT relating to Indian River County; prohibiting the cap. tune of porpoises in Indian River County; providing ex- ceptions; providing that violation is a misdemeanor; providing an effective date. Be It Enacted by the Legislature of the State of Florida: Section 1. It shall be unlawful for any person to capture porpoises in the waters of Indian River County; provided, how- r ever, that an agent of the department of natural resources or game and fresh water fish commission or a person authorized by said agent may capture porpoises for subsequent release to prevent death or injury to said porpoises. Any person violating any of the provisions of this act shall be guilty of a mis- demeanor. Section 2. This act shall take effect upon becoming a law. Became a law without the Governor's approval. Filed in Office Secretary of State July 2, 1970. OV 21977 • � 60flK 31 wv 437 9 COUNTY PLANNER BRENNAN DISCUSSED WITH THE BOARD A WORK- SHOP MEETING TO BE HELD IN ORLANDO ON TAX INCREMENT FINANCING WHICH MIGHT POSSIBLY BE OF USE IN CONJUNCTION WITH THE COMMUNITY DEVELOP- MENT BLOCK GRANT WORK AND ASKED IF THE BOARD WISHED HIM TO ATTEND. IT WAS AGREED THAT IT WAS NOT NECESSARY FOR MR. BRENNAN TO ATTEND THIS MEETING. MR. BRENNAN NEXT REPORTED -TO -THE BOARD ON THE FLOOD IN- SURANCE STUDY AND FLOOD INSURANCE RATE MAPS. HE NOTED THAT THE PUBLIC WAS ADVISED TO GO TO .JUDGE SMITH'S OFFICE FOR THIS INFORMA- TION AND.THE MAPS WERE NOT RECEIVED IN THE .JUDGE'S OFFICE UNTIL 90 DAYS AFTER THE ADVERTISEMENT, AT WHICH TIME THE APPEAL PERIOD EXPIRED. MR. BRENNAN NOTED THAT WE ARE STILL ON THE EMERGENCY PRO- GRAM SO WE ARE COVERED, BUT STATED THAT HE WILL TRY TO OBTAIN MORE INFORMATION AND COME BACK AND EXPLAIN THE SITUATION IN DETAIL. HE SUGGESTED THAT WE COULD THEN ASK FOR ANOTHER PUBLIC HEARING OR JUST ACCEPT THE MAPS AND THE STUDY. DISCUSSION FOLLOWED IN REGARD TO ASKING FOR AN EXTENSION OF THE APPEAL PERIOD, AND COMMISSIONER LOY NOTED THAT THE EMERGENCY RATES ARE HIGHER THAN THE REGULAR ONES. SHE FELT IT WOULD BE A SAVINGS FOR OUR CITIZENS IF WE COULD GET FINAL ONES ADOPTED. AFTER FURTHER DISCUSSION, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO WRITE THE FEDERAL INSURANCE ADMINISTRATION TO REQUEST A NINETY -DAY EXTENSION OF THE APPEAL PERIOD WITH REGARD TO INDIAN RIVER COUNTY'S FLOOD INSURANCE AND FLOOD RATE MAPS AND TO OBTAIN CONFIRMATION THAT WE ARE STILL UNDER THE EMERGENCY RULES. COMMISSIONER SCHMUCKER AND COUNTY PLANNER BRENNAN REVIEWED WITH THE BOARD THE MATTER OF THE ATTENDANCE RECORD OF SOME MEMBERS OF THE COASTAL ZONE MANAGEMENT CITIZEN'S ADVISORY COMMITTEE. COUNTY PLANNER BRENNAN EXPLAINED THAT SOME MEMBERS OF THIS COMMITTEE HAVE ATTENDED TREASURE COAST REGIONAL PLANNING COUNCIL MEETINGS AND LET IT BE KNOWN THAT THEY ARE DISSATISFIED WITH THE WAY COASTAL ZONE MANAGEMENT IS BEING HANDLED. HE CONTINUED THAT THE BASIS.OF DISAGREEMENT IS THE COMPARISON WITH WHAT WAS DONE IN EAST 36 NOV 2 1977 s E3QQK 31 PAt�i 3 CENTRAL FLORIDA REGIONAL PLANNING COUNCIL WHERE THE CITIZEN'S ADVISORY COMMITTEE ACCOMPLISHED QUITE A BIT, AND THE FACT THAT TREASURE COAST REGIONAL PLANNING COUNCIL IS NOT PAYING ANY ATTEN- TION TO WHAT HAS ALREADY BEEN ACCOMPLISHED WITH THE EAST CENTRAL FLORIDA COMMITTEE• MR. BRENNAN FELT OUR LOCAL COMMITTEE MAY COME UP WITH A MINORITY REPORT. HE STATED THAT HUGH RUSSELL, CHAIRMAN OF THE LOCAL COMMITTEE, IS OUT OF TOWN UNTIL THE END OF THE MONTH, AND A MEETING HAS BEEN SET UP IN DECEMBER TO DISCUSS THIS ISSUE. HE NOTED THAT THIS COMMITTEE WORKED HARD AND DILIGENTLY WHEN PART OF THE EAST CENTRAL FLORIDA PLANNING COUNCIL. COMMISSIONER SIEBERT AGREED THAT IT IS NOT A MATTER OF DISINTEREST, BUT OF TOTAL FRUSTRATION AS THE COMMITTEE FEELS IT IS BEING "STEAM-ROLLEREDa BY PALM BEACH COUNTY IN THIS INSTANCE. COMMISSIONER LOY NOTED THAT THIS IS A SITUATION WHERE WE HAVE A GROUP OF VOLUNTEERS WHO PREVIOUSLY DID A TREMENDOUS AMOUNT OF WORK AND GOT THINGS MOVING WHEN WORKING WITH THE COUNCIL TO THE NORTH, BUT NOW THEY ARE FRUSTRATED WHICH TAKES AWAY THEIR INCENTIVE. COUNTY PLANNER BRENNAN STATED HE HAS RECEIVED CALLS FROM SOME OF THE MEMBERS IN REGARD TO RESIGNING, BUT PREVAILED ON THEM TO WAIT. CHAIRMAN WODTKE AGREED THAT THIS IS A REAL PROBLEM AND HE FELT THE BOARD SHOULD TAKE WHATEVER ACTION IS NECESSARY TO SUP- PORT THE LOCAL COMMITTEE, EVEN TO THE POINT OF ADVISING TREASURE COAST WE WILL NOT HAVE ANY REPRESENTATION UNTIL WE CAN BE SURE THEY WILL BE LISTENED TO. COMMISSIONER SIEBERT SUGGESTED THAT NO ACTION BE TAKEN UNTIL HUGH RUSSELL RETURNS AND THEN POSSIBLY A MEETING CAN BE HELD WITH RON SANSON, CHAIRMAN OF THE TREASURE COAST CITIZENS' ADVISORY COMMITTEE, IN AN EFFORT TO IRON THIS MATTER OUT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO WRITE SAM SHANNON, EXECUTIVE DIRECTOR OF TREASURE COAST REGIONAL PLANNING, COUNCIL, THAT THE CHAIRMAN OF OUR LOCAL COASTAL ZONE MANAGEMENT CITIZENS' ADVISORY COMMITTEE IS OUT OF TOWN AND WILL ADDRESS THE PROBLEM IMMEDIATELY UPON HIS RETURN' 37 NOV 2 1977 ' BOOK pur 4`•39 R COUNTY PLANNER BRENNAN INFORMED THE BOARD .THAT WE NOW HAVE AN ALPHABETICAL LIST OF STREET NAMES IN THE COUNTY, WHICH HAS BEEN DISTRIBUTED TO ALL THE EMERGENCY AGENCIES IN THE COUNTY AS AN EXPERIMENT. COUNTY CONSULTING ENGINEER, JAMES BEINDORF, CAME BEFORE THE BOARD IN REGARD TO THE EVALUATION OF BIDS ON THE GIFFORD WATER PROJECT RECEIVED AT THE MEETING OF OCTOBER 25TH. HE STATED THAT THEIR RECOMMENDATION IS TO AWARD THE CONTRACT FOR PART A, THE PUMP STATION AND TRANSMISSION MAIN, TO WIDELL ASSOCIATES, INC., OF FORT LAUDERDALE AND FOR PART B, THE ELEVATED STORAGE TANK,.TO PDM HYDRO STORAGE, INC., OF FRANKLIN, TENNESSEE, BOTH OF WHOM WERE THE LOW BIDDERS. HE NOTED IF THE BOARD WOULD APPROVE AWARDING THE CONTRACTS AS RECOMMENDED, THEY WOULD FORWARD THEM TO THE TWO CONTRACTORS TO- DAY WITH THE PROVISION THAT THEY BE BACK IN THE ADMINISTRATOR'S OFFICE BY NOVEMBER 11TH. THE ATTORNEY WOULD THEN HAVE SEVERAL DAYS TO REVIEW THEM BEFORE THE MEETING OF NOVEMBER 16TH, AT WHICH TIME THE COUNTY COULD EXECUTE THEM. MR. BALLARD OF THE FHA WILL BE HERE ON THE 17TH AS FHA WISHES TO REVIEW THE CONTRACTS AFTER THEY ARE EXECUTED, WITH THIS TIME FRAME, CONSTRUCTION COULD BE STARTED ON NOVEMBER 28TH AS PROPOSED AND EVERYTHING WOULD BE RIGHT ON SCHEDULE. ATTORNEY COLLINS AGREED THAT THE CONTRACTORS SHOULD SIGN FIRST AND THEN HE WOULD REVIEW THE CONTRACTS BEFORE BRINGING THEM TO THE BOARD FOR SIGNATURE. MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMIS- SIONER SCHMUCKER, TO ACCEPT THE BID OF WIDELL ASSOCIATES, INC., FT. LAUDERDALE, FLA., ON THE PUMP STATION AND TRANSMISSION MAIN FOR THE GIFFORD WATER PROJECT,.IN-THE AMOUNT OF $228,260.00, AND THE BID OF PDM HYDRO STORAGE, INC., FRANKLIN, TENNESSEE, ON THE ELEVATED STORAGE TANK FOR THE GIFFORD WATER PROJECT, IN THE AMOUNT OF $336,500.00, ' AS BEING THE LOWEST AND BEST BIDS MEETING SPECIFICATIONS; SUBJECT TO THE FINAL DOCUMENTS BEING APPROVED BY THE ATTORNEY. CHAIRMAN WODTKE BROUGHT UP THE MATTER OF AN ADDENDUM FOR FEDERAL WAGE RATES, AND ENGINEER BEINDORF NOTED THAT THESE RATES HAVE BEEN RECEIVED AND DO NOT SEEM TO PRESENT ANY PROBLEM. 38 NOV 219 77 THE BOARD DISCUSSED THE SUIT BEING FILED BY THE LOCAL ASSOCIATION OF CONTRACTORS, BUT INTERGOVERNMENTAL COORDINATOR THOMAS STATED THAT IT WOULD NOT AFFECT THESE CONTRACTS, THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. ATTORNEY COLLINS ASKED MR. BEINDORF ABOUT THE SIZING OF THE LINES ON 6TH AVENUE GOING TO THE CITY WATER PLANT. ENGINEER BEINDORF STATED THAT SEVERAL MEETINGS AGO, THE CITY REQUESTED THAT THE SIZE OF THE LINE AROUND THEIR PLANT BE IN- CREASED FROM 3" TO 8, AND THERE WAS CONFUSION AS TO EXACTLY WHERE THEY MEANT AND WHAT THE COST WOULD BE. HE STATED THAT THIS IS THE LINE THAT WOULD LEAVE THE 6" LINE THE COUNTY IS PAYING FOR OVER - SIZING FROM THE NEW SHOPPING AREA TO THE PLANT. FROM THIS POINT AROUND THE SEWER PLANT TO TIE INTO THE SEWER EFFLUENT IS WHERE THE ADDITIONAL COST WILL BE. MR. BEINDORF INFORMED THE BOARD THAT THE SUBCONTRACTOR IS WORKING UP A PROPOSAL, BUT HE HAS NOT RECEIVED THE FIGURES YET AND DOES NOT KNOW WHAT THE COST WILL BE. HE NOTED THAT HE BELIEVES THERE WILL BE A LOT OF SEWAGE CUSTOMERS IN THIS AREA, AND AGREES THE LINE SHOULD BE 8" INSTEAD OF 3". COMMISSIONER LOY DISCUSSED WITH THE BOARD LETTERS RECEIVED FROM CHIEF GARLAND OF THE CORPS OF ENGINEERS, AND WILLIAM CARLTON OF THE DEPARTMENT OF NATURAL RESOURCESA N REGARD TO THE CORPS'FEASI- BILITY REPORT FOR BEACH EROSION CONTROL FOR INDIAN RIVER COUNTY. SHE NOTED THAT WHEN WE RESPONDED TO THE CORPS OF ENGINEERS` REQUEST LAST SPRING, IN ORDER TO FINALIZE THIS PROJECT AND GET IT ON TO CONGRESS, WE ATTEMPTED TO ASSIST THE STATE OF FLORIDA IN WHATEVER THEY NEEDED TO EXPEDITE THEIR PART OF THE PROJECT, BUT THE ONE THING WE NEGLECTED TO ADDRESS WAS THAT INDIAN RIVER COUNTY WOULD SERVE AS THE LOCAL SPONSOR AS THE STATE CANNOT. IT NOW APPEARS WE SHOULD EXPEDITE THIS AS SOON AS POSSIBLE BECAUSE APPARENTLY WE ARE HOLDING UP OUR OWN SEBASTIAN INLET PROJECT. RICK SCHMIDT, CHAIRMAN OF THE SEBASTIAN INLET COMMISSION, CAME BEFORE THE BOARD TO DISCUSS THE IMPORTANCE OF GETTING AN AFFIRMATIVE LETTER TO THE CORPS OF ENGINEERS CONFIRMING THIS PROJECT. HE NOTED THE LETTER SENT BEFORE HAD MANY STIPULATIONS IN IT, AND 39 NOV 2 1977 m THE CORPS IS AFRAID TO SEND THAT LETTER ON TO CONGRESS AS THEY BELIEVE THE PROGRAM WOULDN'T EVEN GET TO FIRST BASE. WHAT THEY WANT IS AN AFFIRMATIVE LETTER STATING THAT THE BOARD ACCEPTS THE STUDY AND ASKS THEM TO FINISH IT. HE NOTED THIS DOES NOT BIND THE BOARD IN ANY WAY TO ACCEPT THE APPROPRIATIONS WHEN THEY ARE 'FUNDED. MR. SCHMIDT REPORTED THAT THEY HAVE A MAJOR PROJECT SCHEDULED TO START NOVEMBER.ZCTH WHICH WILL PRETTY WELL TAKE CARE OF ALL FUNDS FOR THE INLET, HE NOTED THAT THE SOUTH JETTY IS.JUST ABOUT HELD TOGETHER WITH CHEWING GUM AND MUST BE EXTENDED OUT TO CUT THE SAND FLOW. MR. SCHMIDT POINTED OUT THAT WE CAN- NOT ASK THE TAXPAYERS OF THIS COUNTY AND BREVARD COUNTY TO TAKE THE FULL FORCE OF HAVING TO REBUILD THE SOUTH JETTY, AND INCLUDING THIS PROJECT IN THE CORP'S STUDY WILL PROVIDE THE NECESSARY FUNDING. MR. SCHMIDT CONTINUED THAT THEY ARE THINKING ABOUT USING THE INLET FOR A SAND SOURCE AND CUTTING A CHANNEL. HE INFORMED THE BOARD THERE IS NO MARKED CHANNEL TO THE INTRA -COASTAL WATERWAY FROM THIS INLET, AND IT IS DESPERATELY NEEDED. HE NOTED THAT THE LARGER TRAWLERS CANNOT COME IN THE INLET SO THEY GO TO FORT PIERCE, CANA- VERAL OR WEST PALM BEACH AND OFF LOAD THE FISH AND WE ARE LOSING THIS INCOME. MR. SCHMIDT FURTHER INFORMED THE BOARD THAT THEY ARE GOING TO BE BUILDING AN ADDITIONAL 100' OF BEACH IN INDIAN RIVER COUNTY AND RESTRUCTURING AND REVEGETATING THE DUNE LINES TO SLOW DOWN BEACH EROSION. THIS WILL BE IN ADDITION TO CLEARING THE SAND OUT OF THE SAND TRAP. HE POINTED OUT THAT WE HAVE A CHANCE HERE TO INCREASE THE ECONOMY IN THAT AREA AND ALSO TO HAVE A SOUTH JETTY THAT WILL BE FUNCTIONAL.. MR. SCHMIDT NOTED THAT THE COUNTY NEEDS THIS MONEY FOR THE BEACH AREAS ALSO, AND HE FELT WE CAN'T AFFORD TO .WAIT TOO MUCH LONGER AND TAKE A CHANCE OF LOSING THE STUDY. HE NOTED THAT IT TAKES A LONG TIME TO GET THIS MONEY AND REQUESTED THAT THE BOARD LET THE PROJECT BE FUNDED AND THEN ARGUE ABOUT THE METHODS SO AT•LEAST WE WILL HAVE THE MONEY TO WORK WITH. COMMISSIONER Loy STATED THAT SHE FEELS THE BIGGEST PROB- LEM IS THAT OUR LETTER WAS NOT AFFIRMATIVE ENOUGH TO GET US AN AUTHORIZED PROJECT, AND AS MR. SCHMIDT HAS POINTED OUT, IF WE .WANT TO KEEP IT ALIVE, WE MUST GET AN AUTHORIZED STUDY AND THEN 21977 IN MOK 31 px344f. A c MAKE ALTERNATIVE SELECTIONS. SHE NOTED THAT WE MUST GO WITH THE SYSTEM AND HAVE AN APPROVED STUDY AND GET AN APPROVED APPROPRIATION BEFORE WE CAN MAKE ANY CHANGES, CHAIRMAN WODTKE STATED APPARENTLY THE CORPS FEELS IF WE MAKE THE STATEMENT THAT WE WILL NOT APPROVE ANYTHING THAT IS NOT ACCEPTABLE TO OUR CITIZENS, THIS IS NEGATIVE. HE NOTED THAT WE CERTAINLY DO NOT WANT TO STOP THE PROJECT, AND HE IS GLAD WE COULD TAKE ON THE EXTENSION OF THE SEBASTIAN.INLET JETTY PROJECT AND FELT 'IF WE CAN GET THE CHANNEL OPEN, IT WILL BE A BIG ASSET. COMMISSIONER SIEBERT SUGGESTED THAT THE BOARD JUST BE AFFIRMATIVE ABOUT THE SEBASTIAN INLET PROJECT, BUT MR. SCHMIDT AND. CHAIRMAN WODTKE FELT THEY WANTED AN AFFIRMATIVE LETTER IN REGARD TO.THE COMPLETE STUDY. CHAIRMAN WODTKE ASKED IF MR. SCHMIDT FELT THE CORPS WILL FURTHER INVESTIGATE THE SABECON REEF PROJECT. HE NOTED THAT THERE HAS BEEN A LOT OF CONTROVERSY ABOUT THIS, AND WE WANT THEM TO PRO— CEED WITH A STUDY OF THE SABECON REEF, ETC. MR. SCHMIDT STATED THAT HE DID NOT KNOW, BUT FELT THECORPS ARE ALWAYS LOOKING FOR NEW IDEAS AND ARE DOING SOME STUDIES INDEPEN— DENTLY. HE NOTED THAT HE HAS HEARD THAT THE OCEAN CITY BULLDOZING PROJECT IS NOT WORKING AND WOULD NOT BE ACCEPTABLE FOR THIS AREA, COMMISSIONER SIEBERT ASKED WHEN YOU DO GET THE APPROPRIA— TION, DO YOU HAVE TO GO ON WITH THE WHOLE PROJECT OR JUST PROCEED WITH SEBASTIAN? MR. SCHMIDT SAID THAT HIS INDICATIONS ARE THAT YOU CAN PICK AND CHOOSE WHAT YOU WANT TO. COMMISSIONER.LOY POINTED OUT THAT YOU HAVE SEVEN OR EIGHT YEARS AFTER THE FUNDING BEFORE YOU MAKE ..DECISION AS TO WHICH PROJ— ECT TO GO WITH. MR. SCHMIDT STATED THAT HOPEFULLY BY THAT TIME THERE MAY BE NEW IDEAS THAT WILL BE PROVEN SUCH AS THE SABECON REEF, BUT HE DOES NOT WANT TO SEE US LOSE THE CHANCE TO GET FUNDING. HE NOTED THAT JACKSONVILLE STOPPED THEIR STUDY AND THEN HAD TO GO THROUGH THE WHOLE STUDY PROCESS AGAIN. COMMISSIONER SCHMUCKER POINTED OUT THAT THE SEBASTIAN INLET PROJECT DOES NOT NEED LOCAL FUNDING, BUT THE VERO BEACH 41 NOV. 21977 - '31 +w 443 PROJECT DOES, AND IF WE DON'T COME UP WITH THE FUNDING, THE PROJECT WILL NOT PROCEED. COMMISSIONER LOY. NOTED TWAT WE ARE IN A POSITION WHERE WE NEED TO MAKE A DECISION TO PROCEED OR STOP THE WHOLE THING, AND SHE DOES NOT FEEL STOPPING IT IS IN OUR BEST INTEREST. SHE ALSO FELT WE WOULD BE DEFEATING THE PURPOSE BY SPLITTING THE TWO PROJECTS AS .THIS WOULD STOP THE CITY OF VERO BEACH PROJECT COMPLETELY AND THEY, UNDOUBTEDLY, SOON WOULD BE BACK ASKING THAT WE GET.A NEW STUDY. COMMISSIONER SIEBERT STATED HE FELT THE CITY OF VERO BEACH SHOULD BE NOTIFIED BEFORE A DECISION IS MADE BECAUSE IT IS THEIR PROJECT, COMMISSIONER Loy POINTED OUT THAT IT ACTUALLY IS OUR PRO- JECT BECAUSE WE HAVE TO BE THE ONES TO GET IT THROUGH, ALTHOUGH IT '-DOES INVOLVE THE CITY. SHE FELT WE MUST MAKE A POSITIVE MOVE AND NOTED THAT SHE BELIEVES ALL THEY WISH IN THE AFFIRMATIVE LETTER IS QUITE BROAD LANGUAGE BUT INDICATING A POSITIVE APPROACH. COMMISSIONER SCHMUCKER SUGGESTED THAT COMMISSIONER Loy DRAFT SOMETHING FOR THE BOARD TO REVIEW. HE REITERATED THAT IF WE DONT PUT UP THE LOCAL FUNDS FOR THE PROJECT, THEY ARE NOT GOING TO DO IT, AND COMMISSIONER Loy COMMENTED THAT WE CANT EVEN GET ANY PILOT PROJECT WITHOUT COMPLETING THIS NEXT STEP. COMMISSIONER SIEBERT POINTED OUT THAT MR. CARLTON`S LETTER REQUESTED THAT WE ACT AS "LOCAL SPONSOR FOR THE SEBASTIAN INLET STATE RECREATION AREA." DISCUSSION CONTINUED ON SEPARATING THE TWO PROJECTS, MR. SCHMIDT NOTED THAT THE CORPS WILL SEND UP THE ENTIRE PACKAGE WHICH WILL INCLUDE THE SEBASTIAN AREA, AND HE FELT ANYTHING NEGATIVE WILL AFFECT THE WHOLE PROJECT AS THEY ARE LOOKING AT THE STUDY OVERALL AND NOT IN BITS AND PIECES. ONE COMPLETE STUDY HAS TO BE FINISHED. HE FELT THAT THE CITY COUNCILS REACTION WAS THAT THIS WAS THE WAY TO GO. MR. SCHMIDT NOTED THAT IF WE HAD THE MONEY TO DO.THIS WITHOUT THE FEDERAL GOVERNMENT, THAT WOULD BE GREAT, BUT WE DO NOT, AND HE FELT THE BOARD NEEDS*TO TAKE ANY STEPS NECESSARY TO SEE THE PROJECT IS FUNDED AND THEN MAKE DECISIONS. COMMISSIONER SCHMUCKER FELT THAT AFTER ALL THE WORK AND 42 OV 2 197731 PAu STUDY WE HAVE DONE, WE SHQULDNIT.LET THE PROJECT DIE NOW.. COMMISSIONER SIEBERT STATED THAT HE DID NOT FEEL WE SHOULD SEND A LETTER WITHOUT NOTIFYING THE CITY OF VERO BEACH AND GETTING THEIR REACTION. CHAIRMAN WODTKE STATED THAT WE WILL CONTACT THE CITY OF VERO BEACH ABOUT THIS MATTER AND DRAFT A LETTER TO BE CONSIDERED AT THE NEXT MEETING, . CHAIRMAN WODTKE DISCUSSED WITH THE BOARD A REQUEST FROM THE FINANCE DIRECTOR OF THE TOWN OF INDIAN RIVER SHORES THAT THE COUNTY PARTICIPATE IN PURCHASING EQUIPMENT FOR THEIR NEW PUMPER, AS PER THE FOLLOWING LETTER: 'TOWN OF INDIAN RIVER SHORES 6001 NORTH A -1-A t INDIAN RIVER SHORES, FLORIDA 32960 Telephone: AC 305-562-1730 `•lid •i• 1 i,•i!f '..�eh.lq� I `•, �/1� September 8, 1977 Mr. William C. Wodtke I. Chairman Indian River. County Commissioners Dear Sir: Attached is a copy of a list of equipment needed to equip the new 1250 G.P.M. Pumper recently received by the Town of Indian River .Shores. The cost of Equipment listed totals $13,300.00. In as much as the County, as originally under- stood, would not contribute to the cost of the .operation of the.Town Fire Department during the Fiscal Year 1977-78, We would like to ask your financial help at this time to purchase the equip- ment as listed. Yours truly Tb'wn of Indian River Shores By: Finance Director] P.S. Items on list marked with asterisks.are most needed. 43 NOV 21977 BOOK 31 PAGE 445 10V-7tke v4L IT" . ....:.. i,.. .. .. �"1'. �' c k .. C. << S� -- , �s �. _ Wil'%Cly ." � " . Nee t �114� Z/Z/ 113.3 P14 lf� R r. 1/0 .4; ol-e �c lev j J4:,.e5 �w4..._..•.jjL-�acJ..' .c��: fCT-s - �i.) 0.0/. -old�s hkvc-1 rir,�Cx C- CP .5 le e -I P/P� 40k 5-3 4e pp fee X. fi �.c.-�{, �J�" �a �7 (`' `- �? .,z r v' a� 6' CiGCG t X4.1' ° ..� ...1 r"l '14- NOV 21977 BOOK 31 pAu 446 �,�d� X1008 , r • LL61 Z AON CHAIRMAN WODTKE NOTED THAT THE 1,250 GALLON PUMPER IS A PIECE OF EQUIPMENT THAT WILL BECOME THE COUNTY'S IF WE GET INTO A COUNTYWIDE FIRE SYSTEM. HE ALSO NOTED THAT THIS IS AN EXTENSIVE LIST WHICH HE FELT WOULD BE NEEDED ONLY TO PUT THE TRUCK TO ITS MAXIMUM USE. COMMISSIONER SCHMUCKER AGREED, NOTING THAT THEY HAVE ASKED FOR 2,000 FEET OF HOSE. HE POINTED OUT, HOWEVER, THAT YOU CAN'T USE THE TRUCK WITHOUT EQUIPMENT. COMMISSIONER SIEBERT ASKED HOW MANY FIREMEN THE TOWN OF INDIAN RIVER SHORES HAS, AND JAMES YOUNG, FINANCE DIRECTOR OF THE TOWN OF INDIAN RIVER SHORES, STATED THAT THEY HAVE SEVEN AND ONE CETA EM— PLOYEE. TWO ARE ON DUTY AT A TIME. COMMISSIONER LOY ASKED WHAT THE TOWN OF INDIAN RIVER SHORES IS PUTTING UP FOR THIS EQUIPMENT. MR. YOUNG ANSWERED THAT THEY HAVE A CONTINGENCY FUND, BUT NO SPECIFIC AMOUNT HAS BEEN DESIGNATED FOR THIS PURPOSE. HE INFORMED THE BOARD THAT THEY SPENT ABOUT $9,000 EQUIPPING THE FIRST PUMPER. HE FURTHER STATED THAT WHILE THEY DO NOT HAVE A LARGE ORGANIZATION OF PAID FIREMEN, AN ORGANIZATION OF VOLUNTEERS IS IN PROCESS TO SUPPLEMENT THE EGULAR FIREMEN; THUS IF TWO UNITS SHOULD BE NEEDED, IT WILL BE POSSIBLE 0 MAN THEM, MR, YOUNG POINTED OUT THAT THEY HAVE INDICATED WHICH OF HE ITEMS ON THIS LIST ARE THE MOST IMPORTANT, AND THESE ADD UP TO 6,110.00, COMMISSIONER SIEBERT FELT EQUIPPING THIS TRUCK WOULD BE A ANGEROUS PRECEDENT FOR THE COUNTY TO SET. MR. YOUNG POINTED OUT THAT THE TOWN HAS FINANCIAL PROBLEMS HIS YEAR THAT WILL NOT BE REPEATED NEXT YEAR. CHAIRMAN WODTKE INQUIRED HOW THE 1,250 GALLON PUMPER IS TITLED, ND MR. -YOUNG STATED THAT IT IS REGISTERED TO THE TOWN, WHICH IS NECES— ARY FOR INSURANCE PURPOSES. CHAIRMAN WODTKE DISCUSSED PURCHASING THE EQUIPMENT ON A TCHING BASIS WITH THE TOWN, MR. YOUNG STATED THAT THE TOWN WOULD BE HARD PRESSED TO FIND AORE THAN $2,000 TO $3,000 AT THE VERY MOST AS THEY HAVE A TIGHT BUDGET THIS YEAR AND NOTED THAT IT TAKES TIME TO RAISE MONEY THROUGH CONTRIBU— TIONS. 46 BOOK 31 PAGF 448 w �i f COMMISSIONER SIEBERT POINTED OUT THAT THE AGREEMENT REQUIRES THE TOWN OF INDIAN RIVER SHORES TO EQUIP THESE UNITS. MRS YOUNG STATED THAT THEY DID EQUIP THE ONE PUMPER, BUT NOW NEED ASSISTANCE IN EQUIPPING THE SECOND UNIT. COMMISSIONER SCHMUCKER STATED THAT HE WOULD GO ALONG WITH A 50/50 BASIS AND NOTED THAT IT WOULD TAKE AT LEAST $6,000 TO MAKE THE PUMPER USABLE, COMMISSIONER SIEBERT FELT SOME OF THE OTHER ITEMS ARE REALLY NEEDED ALSO, ALTHOUGH THEY MAY NOT BE NECESSARY IMMEDIATELY. HE STATED THAT IN VIEW OF THE FACT THAT THE TOWN PUT IN TWO PUMPERS INSTEAD OF A TANKER AND A PUMPER, WE MIGHT BE ABLE TO ASSIST THEM IN SOME WAY. HE THEN SUGGESTED DROPPING FROM THE LIST THE PORTABLE GENERATOR, THE PORTABLE PUMP, THE PAGERS AND WALKIE-TALKIES, WHICH WOULD LEAVE $8,230, AND STATED HE WOULD BE WILLING TO GO ALONG WITH HALF OF $7,000. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO CONTRIBUTE TO THE TOWN OF INDIAN RIVER SHORES ON A 50/50 BASIS FOR THE PURCHASE OF EQUIPMENT FOR THE 1,250 GALLON PUMPER, THE COUNTY TO CONTRIBUTE NO MORE THAN $3,500.00, SUBJECT TO SUBMISSION OF A LIST OF EQUIPMENT AND AN AGREEMENT BEING DRAWN UP AND SIGNED. CHAIRMAN WODTKE INFORMED THE BOARD THAT A CERTIFICATE OF NEED FOR AMBULANCE SERVICE FOR THE TOWN OF INDIAN RIVER SHORES HAS BEEN RE- QUESTED. THE CHAIRMAN STATED THAT THEY HAVE A VOLUNTEER GROUP INTER- ESTED IN THIS PROJECT. HE NOTED THAT THEY WILL HAVE TO MEET ALL THE STATE AND FEDERAL REQUIREMENTS, AND THE TOWN HAS DETERMINED THAT THE FEDERAL GOVERNMENT MAY FUND 50% TOWARDS THE PURCHASE OF AN AMBULANCE, BUT IT WOULD HAVE TO COME THROUGH THE BOARD OF COUNTY COMMISSIONERS. THE CHAIRMAN FELT THERE ARE MANY THINGS THAT NEED TO BE DETERMINED AND ASKED IF THE TOWN IS REQUESTING THE CERTIFICATE OF NEED OR THE VOLUNTEER GROUP. MR, YOUNG FELT IT IS CONTEMPLATED THAT THE TOWN WOULD ASK FOR THE CERTIFICATE. 47 OV 2 1977 . . Boa 1. 31 PAGE 449 c NOV 2 1977 COMMISSIONER SIEBERT NOTED THAT WE ALREADY HAVE ONE OF. THE FINEST AMBULANCE SERVICES TO BE FOUND ANYWHERE, AND HE COULD NOT UNDER— STAND WHY THE TOWN OF INDIAN RIVER SHORES WOULD NEED THEIR OWN. HE FELT ANY VOLUNTEERS THEY HAVE SHOULD WORK WITH THE EXISTING SERVICE. MR. YOUNG POINTED OUT THAT THE MAIN POPULATION OF INDIAN RIVER SHORES IS IN THE OLD AGE GROUP. AID MUST BE AVAILABLE QUICKLY, AND THEY FEEL THEY CAN BE BETTER SERVED WITH A UNIT STATIONED THERE. COMMISSIONER LOY ALSO FELT THEY SHOULD CONTACT THE INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SQUAD ABOUT THIS, AND ASKED IF THEY HAVE EXPLORED THE TRAINING NECESSARY TO RENDER THESE SERVICES. MR. YOUNG STATED THAT THEY HAVE TWO FIREMEN WHO ARE TRAINED EMTs AND ANTICIPATE THAT ALL THE FIREMEN AND POLICEMEN WILL HAVE THIS TRAINING. HE NOTED THAT THEY ALSO HAVE TWO RESIDENT VOLUNTEERS WHO ARE EMS. COMMISSIONER LOY FELT THAT WE NEED FORMAL ACTION FROM THE TOWN COUNCIL, POINTING OUT THAT IF THIS SHOULD FALL BACK ON THE NEED FOR A PAID STAFF, IT COULD BE QUITE EXPENSIVE. MR. YOUNG STATED THAT THE PROJECT AS IT NOW STANDS WOULD NOT COST THE TOWN OR COUNTY ANY MONEY. IT WOULD BE RAISED BY DONATIONS. ATTORNEY COLLINS ASKED IF THEY HAVE HAD ANY DISCUSSION ABOUT THIS WITH THE INDIAN RIVER AMBULANCE SQUAD AS HE FELT THEY MIGHT WORK IN CONJUNCTION WITH THE PROJECT, POSSIBLY EVEN BY PUTTING AN AMBULANCE AT THE FIRE STATION. MR. YOUNG DOUBTED THEY WOULD PUT A UNIT UP THERE. DISCUSSION CONTINUED, AND THE BOARD AGREED THAT FORMAL ACTION IS NEEDED FROM THE TOWN COUNCIL OF INDIAN RIVER SHORES IN REGARD TO A CERTIFICATE OF NEED.FOR AN AMBULANCE SERVICE. MR. YOUNG STATED THAT HE WILL BRING THIS UP AT THE COUNCIL MEETING AND ASK FOR A RESOLUTION. THE HOUR OF 11:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICES WITH PROOF OF PUBLICATION ATTACHED,. TO—WIT: Booz 31 Pm dao J COUNTY OF INDIAN RIVER: STATE OF FLORIDA - ___ _.._.. NOTICE 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 NOTICE IS HEREBY GIVEN thatthe Board of County Commissioners of Indian River County, Florida, hold published at Vara Beach in Indian River County, Florida; that the attached copy of advertisement, being will a public hearing on November 2, 1977, of 11:00 A.M. at the Indian, STATE OF FLORIDA River County Courthouse to consider the • Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath adoption of an a Ordinance amending Section 20, Sub -Section advertisement, being a, Sub -Paragraph 32 of Indian River County i In the matter of I Ordinance 71-3 as amended, by establishing a new Sub -paragraph 37 and renumbering the j ) existing Sub -paragraph 32 to read Sub. ` �(- paragraph 33; the new Subparagraph 32 of Section 20, Indian River County Ordinance 71- 3, as amended, shall provide for Flea Markets In the matter of,- as defined in the Ordinance and for Parking In the and to the Markets, and Co4rt was pub- shall provide an effective days ate. e. Board of County Commissioners Iished in said newspaper In the Issues of of Indian River County, Florida By: William C. Wodtke Jr., Chairman lisped in said newspaper in the issues of Oct. 12, 1977. Affiant further says that the said Vero Beach Press-Joumal is a. newspaper Board of County Commissioners 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 of Indian River County entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida Florida for a period of one year next preceeding the first publication of the attached copy of adver- Oct. 2!y: C. Wodtke Jr., Chairman 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 adverw tisement for publication in the said newspaper. ry Sworn to and subscribed before me this _day of �� A.D. \ a 6 z -1k( (amu (Clerk of the Circuit Court, Indian River nty, Florida). 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 Vero Beach in Indian River County, Florida; that the attached copy of NOTICE NOTICE advertisement, being IS HEREBY GIVEN thatthe Board Of County Commissioners of Indian River ee a -- A R < n P i County, Florida, will hold a public hearing on November 2, 1977, at 11:00 A.M. at the Indian River County Courthouse to consider the adoption of an In the matter of,- Ordinance amending Section 19, Sub -Section C . a, Sub -paragraph 23 of Indian River County Ordinance 71.3, as amended, to reidentify Sub paragraph 23 as Sub -paragraph 24; and to amend Subparagraph 23 in to Provide for Flea Markets, as defined in Indian River County in theOrdinance Court, was pub- 71.3, as amended, Limitations of Parking and Booths Within the Flea Market Area, Establishment of Minimum Entrances Within the Flea Market Area; and providing lisped in said newspaper in the issues of for an effective date. Board of County Commissioners 6 1 7 % 7 of Indian River County Florida Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Oct. 2!y: C. Wodtke Jr., Chairman 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. %f Sworn to and subscribed before me this. L_day A.D. /97 - (BUsine na ) (SEAU (Clerk of the Circuit Court, Indian River unty, Florida) NOV 2.1977. BOOK 31 Px,451 ATTORNEY COLLINS EXPLAINED THAT WHEN THE FLEA MARKET ORDINANCE CAME BEFORE THE BOARD FOR CONSIDERATION SEVERAL MONTHS AGO, THE INTENT WAS TO INCLUDE FLEA MARKETS IN C-1 COMMERCIAL DISTRICTS, NOT C -IA. AT THE SAME TIME THE MATTER OF REQUIRING SITE PLAN APPROVAL FOR SHOPPING CENTERS CAME UP, AND IT WAS DECIDED TO REQUIRE SITE PLAN APPROVAL FOR EVERYTHING_ ALLOWED IN BOTH C -I AND C -IA DISTRICTS. THEREFORE, THE FLEA MARKET ORDINANCE AS DRAFTED BECAME INCONSISTENT WITH THE NEW C-1 AND C -IA ORDINANCES, AND IT WAS TABLED. SUB&EQUENTLY, A REQUEST CAME IN THAT FLEA MARKETS BE ALLOWED IN C -IA DISTRICTS ALSO, AND THIS WAS APPROVED. THE ATTORNEY NOTED THAT THE MAIN PURPOSE OF THE ORDINANCES BEING CONSIDERED TODAY IS TO INCORPORATE FLEA MARKETS AS A USE IN C-1 AND C -IA DISTRICTS AFTER SITE PLAN APPROVAL. 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 IN REGARD TO AMENDING SECTION 20, ORDINANCE 71-3 AS AMENDED, TO INCLUDE FLEA MARKETS IN C-1 DISTRICTS. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 77-27, AMENDING SECTION 20 AS ADVERTISED. Ell NOV21977 BOOK 31 pn Tn INDIAN RIVER COUNTY ORDINANCE 77-27 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Section 20, Sub -Section (a) Sub -paragraph 32 of Indian River County Oralinance 71-3, as amended is amended by establishing a new Sub -paragraph 32 and re -numbering the existing Sub -paragraph 32 to read Sub -paragraph 34, the new Sub -paragraph 32 of Section 20 shall read as follows: SECTION 20. C-1 COMMERCIAL DISTRICT SUB-SECTIO14 (a) 32. Flea Markets as defined in this Ordinance provided: a. No parking, standing of cars, booths, stalls or tables shall be located in any rear setback area; b. There shall be one identified vehicle entrance/ exit per 100 feet of street frontage. 33. Accessory uses and structures customarily associated with and subordinate to the uses, subject to conditions expressed in Section 25, Sub -paragraph (g). 34. Residential dwelling(s) provided that they are not the primary use of the lot and provided they are not located on the main street frontage at the ground level. This Ordinance shall become effective on November 7 , 1977. v 51 NOV 2 1977 �ooc 31 PAfF 453 THE CHAIRMAN ASKED IF ANYONE WISHED TO BE HEARD. THERE WERE NONE ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING IN REGARD TO AMENDING SECTION 19, ORDINANCE 71-3 AS AMENDED, TO INCLUDE FLEA MARKETS IN C -1A DISTRICTS. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 77-28 AMENDING SECTION 19 AS ADVERTISED. 52 NOV21977 $OOK 31 PAi-) 454 a NOV 21977 INDIAN•RIVER COUNTY ORDINANCE 77-28 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Section 19, Sub -section (a) Sub -paragraph 23 of Indian River County Ordinance 71-3, as amended is amended to reidentify Sub -paragraph 23 as Sub -paragraph 24, and to amend Sub -paragraph 23 to read as follows: SECTION 19. ClA COMMERCIAL DISTRICT SUB -SECTION (a) 23. Flea Markets as defined in this Ordinance provided: a. No parking, standing of cars, booths, stalls or tables shall be located in any rear setback area; b. There shall be one identified vehicle entrance/ exit per 100 feet of street frontage. 24. Accessory uses and structures customarily associated with and subordinate to the above uses, subject to conditions expressed in Section 25, Sub -paragraph (g). This Ordinance shall become effective on November 7 , 1977. 53 - Boa 31, PAGF `455 ADMINISTRATOR .JENNINGS REPORTED TO THE BOARD THAT HE HAS RECEIVED A REQUEST FROM CITY ENGINEER -ROBERT LLOYD IN REGARD TO ALLOW— ING THE CITY OF VERO BEACH TO CONSTRUCT SEVEN 2." WELLS ON COUNTY PROPERTY. ONE OF THESE WOULD BE FOR THE PURPOSE OF TESTING FOR LEACH— ING FROM THE OLD LANDFILL AND THE OTHER SIX FOR TESTING FOR SALT WATER INTRUSION. THESE WELLS ARE TO BE FOR MONITORING PURPOSESONLY, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER,.THE BOARD UNANIMOUSLY APPROVED THE CITY OF VERO BEACH'CON— STRUCTING SEVEN 2" WELLS ON COUNTY PROPERTY FOR MONITORING PURPOSES ONLY, SUBJECT TO THE APPROVAL OF THE DETAILED LOCATION BY THE ADMINIS— TRATOR. THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 12:00 NOON FOR LUNCH AND RECONVENED AT 1:30 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. ADMINISTRATOR .JENNINGS REVIEWED WITH THE BOARD A PROBLEM THAT HAS ARISEN IN BEL—PORTE PARK SUBDIVISION CONCERNING PEDESTRIAN TRAFFIC. HE NOTED THAT OVER THE YEARS THE PEDESTRIAN TRAFFIC, MAINLY SCHOOL CHILDREN, HAS ESTABLISHED A PATTERN OF MOVING NORTHWARD THROUGH THE SUBDIVISION TO WHERE A 30 FOOT RIGHT—OF—WAY INTERSECTS WITH THE WEST RIGHT—OF—WAY OF LATERAL "E" CANAL AND THEN PROCEEDING ACROSS PRIVATE PROPERTY ALONG THE WEST SIDE OF THE CANAL TO ROSEDALE BOULEVARD. THE PROBLEM CAME ABOUT WHEN GENE MORRIS, THE OWNER OF THIS UNDEVELOPED PROPERTY, BUILT A HOME ON IT FOR PEOPLE WHO ARE GOING TO BUY IT. THERE IS NO EASEMENT ON THIS PROPERTY, AND THE LOT ACTUALLY GOES OVER THE SLOPE AND INTO THE CANAL. THE PEOPLE LIVING IN THIS HOUSE HAD NO OBJECTION TO SMALL CHILDREN WALKING THROUGH THE YARD, BUT THE TRAFFIC HAS INCLUDED MOTORCYCLES, HORSES, AND EVEN A SMALL CAR. THE LAWN IS BEING DESTROYED, AND IT IS CREATING A'NEIGHBORHOOD BATTLE. THE ADMIN— ISTRATOR NOTED THAT IT ACTUALLY IS NOT THE COUNTY'S RESPONSIBILITY AS THIS IS PRIVATE PROPERTY GOING INTO THE DRAINAGE DISTRICT. HE NOTED THAT THIS PROBLEM.IS ALSO BEING BROUGHT TO THE ATTENTION OF THE SCHOOL BOARD AND THE DRAINAGE DISTRICT. DISCUSSION FOLLOWED AS TO POSSIBLE SOLUTIONS TO.THE PROBLEM, AND IT WAS AGREED THAT THE CHAIRMAN AND THE ADMINISTRATOR WILL DISCUSS THIS MATTER WITH GENE MORRIS, THE OWNER OF THE PROPERTY IN (QUESTION. 54 BOOK 31 PAvF 456 OV 21977 CHAIRMAN WODTKE ANNOUNCED THAT AT THIS TIME THE DECISION- MAKING PORTION OF THE PUBLIC HEARING ON THE REZONING REQUESTED BY CLARENCE CONDE ET -AL WILL BE CONTINUED. HE NOTED THAT THIS HAD BEEN CONTINUED SO THAT A CORRECT LEGAL DESCRIPTION COULD BE OBTAINED. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS REVIEWED THE LEGAL DESCRIPTION AND IT CUTS OUT THE COMMERCIAL PROPERTY WHERE THE HOUSES ARE ON THE FRONT PORTION, I.E., THE EXCEPTED PORTION OF THE DESCRIPTION WILL REMAIN COMMERCIAL. THE BALANCE OF THE PROPERTY WILL BE REZONED TO R -IRM WHICH ALLOWS BOTH TRAILERS AND REGULAR HOMES. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 77-29 REZONING THE PROPERTY AS DESCRIBED FROM C -IA AND R-3 TO-R-1RM, THE EXCEPTED POR- TION OF THE PROPERTY TO REMAIN C -1A. 55 Boa 31 Px1F 457 21 ORDINANCE NO. 77-29 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 following property owned by Jos. C. Kopeck, Leonard Chevalier, William T. Diamond and Zita M. Diamond, Hugh T. Reynolds and Frances E. Reynolds, John Zimmerman and Frances J. Zimmerman, Eleanor M. Parker, Samuel V. Baugh and Alice M. Baugh, Jos. M. Schell and Elsie M. Schell, Curtis Wagner and Ruth Wagner, Eugene Thurber, Clarence P. Conde and Anita N. Conde, represented by Steve L. Henderson, of Jones, Paine & Foster, P.A., 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 1/4 of the Northwest 1/4 of Sec- tion 17, Township 31 South, Range 39 East, lying East of U.S. Highway No. 1. Less and Excepting the following described property: From the Northwest corner of the above described property, thence run Southeasterly along the easterly right-of-way ,of U.S. Highway No. 1 a distance of 286.80 feet to the Southwest corner of the above described property; thence run Easterly along the Southern boundary of the above described property, a distance of 217.39 feet; thence run Northerly on a line parallel.to the section line, a distance of 133 feet; thence run Easterly parallel to the southern boundary line of the above described property, a distance of 75 feet;.thence run northerly parallel to the section line, a distance of 100 feet to the north boundary.of the above described property; thence run westerly along the northern boundary of the above described property to the point of beginning. OV 21977 - BODK 31 PA. rf 4(b$ Be changed from C -1A Restricted Commercial District and R-3 Multiple Dwelling District, to R-lRM Residence - Mobile Home District. All within the meaning and intent and as set forth and described in said Zoning Regulation. This Ordinance shall take effect, November 9, 1977. NOV 21977 ' BOOK 31 PAGF 459 c PERSONNEL DIRECTOR ROBERT DONLON DISCUSSED WITH THE BOARD A BILL FROM ARDEN INSURANCE SERVICES FOR $49,449.00 TO RENEW WORKMENS' COMPENSATION INSURANCE. HE NOTED THAT THE COMPANY WHO PREVIOUSLY CARRIED OUR WORKMEN'S COMPENSATION NOTIFIED US THAT THEY WERE NO LONGER GOING TO RENEW OUR POLICY, AND MR. ARDEN IS NOW COVERING US UNDER ANOTHER COMPANY. THE EXPIRATION DATE OF THE POLICY WAS OCTOBER L 1977. CHAIRMAN WODTKE INQUIRED ABOUT THE INCREASE IN PREMIUMS AND THE REASON FOR THE PREVIOUS POLICY BEING CANCELED. HAMILTON ARDEN OF ARDEN INSURANCE SERVICES INFORMED THE BOARD THAT INSURANCE COMPANIES HAVE BEEN RELUCTANT TO RENEW LARGE`. COMMERCIAL ACCOUNTS BASED ON LOSS EXPERIENCE. HE NOTED THE SAME THING HAS HAPPENED TO THE SCHOOL BOARD. MR. ARDEN STATED THAT HE HAS REPLACED THE COUNTY'S COVERAGE WITH LIBERTY MUTUAL, THE LARGEST WRITER OF WORKMEN'S COMPENSATION IN THIS COUNTRY. HE NOTED THAT COMPANY WHO JUST CANCELED THE POLICY TOOK OVER THIS COVERAGE WHEN THE COUNTY WAS PREVIOUSLY. CANCELED. MR. ARDEN CONTINUED THAT WORK— MEN'S COMPENSATION RATES HAVE GONE UP 100% IN THE LAST TWO YEARS CAUSED BY THE FACT THAT THEY ARE NOW BASED ON 100% OF THE PAYROLL. THIS IS IN ADDITION TO THE SURCHARGE FOR ASSIGNED RISK WHICH IS 8%.. CHAIRMAN WODTKE STATED THAT HE IS CONCERNED THAT WE ARE PAYING AN 8% PENALTY AND DID NOT RECEIVE NOTIFICATION THAT WE WOULD HAVE T0. MR. ARDEN POINTED OUT THAT STATUTORILY THE COUNTY IS RE- QUIRED TO CARRY THIS COVERAGE. HE FURTHER NOTED THAT THE COUNTY'S ACCOUNT HAS BEEN UNPROFITABLE•FROM AN OVERALL STANDPOINT, AND HE DOES NOT FEEL WE CAN FIND ANOTHER COMPANY AT A BETTER RATE. MR. ARDEN CONTINUED THAT HE HAD EARLIER DISCUSSED WITH THE BOARD THINGS WHICH MIGHT BE DONE TO AVOID THIS SITUATION, SUCH AS A SAFETY DIRECTOR, WHICH POSITION HE FELT WOULD PAY FOR ITSELF. CHAIRMAN WODTKE NOTED THAT WE GOT A LOWER RATE LAST YEAR, AND MR. ARDEN STATED THAT THIS WAS BASED.ON THE.000NTY'S GOOD EX— PERIENCE TWO YEARS AGO. THERE IS A TIME LAG. OV 21977 aooK 31 PACE 40`0 I J K FINANCE OFFICER JACKSON REPORTED THAT WORKMEN'S COMPENSA- TION IS BUDGETED AT AROUND $41,000. CHAIRMAN WODTKE STATED THAT A BUDGET AMENDMENT WILL BE NECESSARY AND DIRECTED THE FINANCE OFFICER TO PREPARE ONE FOR THE NEXT MEETING. MR.'ARDEN NOTED THAT IT MIGHT BE HELPFUL IF THE INSURANCE AGENT COULD GIVE THE BOARD INPUT AT BUDGETTIME, AND THE BOARD AGREED, MR. ARDEN THEN DISCUSSED A NEW COVERAGE THAT WOULD COVER THE BOARD FOR ERRORS IN JUDGMENT. HE NOTED THAT THIS WOULD PROTECT THE BOARD FOR ERRORS FOR WHICH THEY COULD BE HELD ACCOUNTABLE AND STATED THE POLICY PAYS THE COST OF LEGAL DEFENSE AND ALSO ANY JUDG- MENT AGAINST THEM. ATTORNEY COLLINS AGREED THAT THE COUNTY'S SOVEREIGN IM- MUNITY HAS LIMITATIONS AND FELT THE -TREND IS TO JOIN INDIVIDUALS AND PUBLIC OFFICIALS IN LAWSUITS. HE FELT THE COST IS MINIMAL. MR. ARDEN INFORMED THE BOARD THAT THE SCHOOL BOARD AND HOSPITAL TRUSTEES CARRY THIS COVERAGE THE BOARD AGREED THEY WOULD LIKE TO HAVE MR. ARDEN WORK UP`A PRESENTATION ON THIS FOR THEM TO CONSIDER. ATTORNEY COLLINS REVIEWED WITH THE BOARD THE REQUEST OF SOUTHERN BELL THAT THE COUNTY'S EASEMENT ACROSS AIRPORT PROPERTY BE AMENDED FOR USE BY ALL PUBLIC UTILITIES. HE NOTED THAT AT THE MEET- ING OF JULY 6, 1977, THE BOARD AGREED THAT WHILE THEY DID NOT WISH TO RELINQUISH THEIR EASEMENT, THEY HAD NO OBJECTION TO SOUTHERN.BELL HAVING A SEPARATE DOCUMENT ALLOWING THEM USE OF THIS SAME EASEMENT. ATTORNEY COLLINS STATED THAT -HE NOW HAS A DRAFT OF A DOCUMENT WHICH HE FEELS IS SATIFACTORY TO THE CITY, THE COUNTY AND SOUTHERN BELL. COMMISSIONER SCHMUCKER ASKED IF EACH ONE CONCERNED HAS A SEPARATE SEGMENT OF THE EASEMENT IN WHICH TO BUILD, AND THE ATTORNEY SAID THAT ENGINEER BEINDORF HAS WORKED UP A PLAN FOR THIS. THE ADMINISTRATOR AGREED THAT IT IS SATISFACTORILY WORKED OUT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE.BOARD UNANIMOUSLY APPROVED THE AGREEMENT WITH SOUTHERN BELL AND THE CITY OF VERO BEACH IN REGARD TO THE EASEMENT ACROSS AIR- PORT PROPERTY AND.AUTHORIZED THE SIGNATURE OF THE CHAIRMANI goo 3A"f 451 RIGHT-OF-WAY EASEMENT In consideration of the sum of money hereinafter set out and other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged from the SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, the undersigned, owners of the premises described below, do hereby grant to the SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, its licensees, agents, successors, assigns, and allied and associated companies, a right of way easement to construct, operate, maintain, add or remove such lines or systems of communications or related services as the grantee may require, consisting of: i (1) buried cables and wires, cable terminals, markers, splicing boxes and pedestals; (2) conduits, manholes, markers, underground cables and wires; (3) and other amplifiers, boxes, appurtenances or devices under the following described property located within Indian River County: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF ..and, to the fullest extent the undersigned has the power to grant, if at all, over, along and under the roads, streets or highways adjoining or through said property and to allow SOUTHERN BELL i TELEPHONE AND TELEGRAPH COMPANY, its licensees, agents, successors, assigns, and allied and associated companies to attach wires or lay cable or conduit within the right of way for communications; ingress and egress to said premises at all times; to clear the land and keep it cleared of all trees, undergrowth or other ob- structions within the easement area.; to trim and cut and keep i trimmed and cut all dead, weak, leani.ng.or dangerous trees or limbs outside of the easement area which might interfere with maintenance of or ingress or egress to the easement area. The receipt of and /100 Dollars ($ ) is hereby acknowledged by the undersigned. BOOK 31. p( 0 21977 0V 21977 a Boos 31 parF 463 This.grant of easement is conditioned upon administrative approval from both the CITY OF VERO BEACH and INDIAN RIVER COUNTY :as to the actual location grantee will place all items listed on page one (1) hereof. Said placement shall be consistent with the representations as found on that Informational Sketch prepared by Beindorf and Associates, Inc., dated June 29, 1977, for SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY. The rights granted hereunder are subject to the location and maintenance of a twelve (12) inch transmission water line referred to in an easement from the CITY OF VERO BEACH to INDIAN • RIVER COUNTY, dated November 19, 1976,•and a sixteen (16).inch transmission water main referred to in an easement from the CITY OF VERO BEACH to the CITY OF VERO BEACH dated September 10, 1975; said easements are recorded as indicated in Exhibit "A" attached hereto. To have and to hold the above granted easement unto SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY, its successors and assigns forever. IN WITNESS WHEREOF, the undersigned have caused this instrument to be executed by its duly authorized agent on the day of , 1977. CITY OF VERO.BEACH, FLORIDA ATTEST: By: Patrick B. Lyons, Mayor As to their respective interest City Clerk BOARD OF COUNTY COMMISSIONERS OF INDIAN'RIVER COUNTY, FLORIDA ATTEST: By: C William C. Wodtke, Jrh,,'Chairman As to their respective interest Freda Wright, Cle 0V 21977 a Boos 31 parF 463 • e , DESCRIPTION FOR SOUTHERN BELL TELEPHONE AND TELEGRAPH FOR PROPOSED HASEMI:NT BEING THE N011THERLY PRO7ECPI.ON OF THE EAST RIGHT-OF-WAY OF LATERAL "E" CANAL, NORTH OF TILE MAIN CANAL ACROSS AIPPORT PROPERTY TO THE WATER TREATMENT PLANT. An easement 30 feet in width lying 11 feet East and 19 feet West of the following described line; From the point of intersection of the East right-of-way of Lateral "E" Canal and the South right- of-way of the Main Canal of the Indian River Farms Water Management District, as now exist, run North on the Northerly projection of the East right-of-way of said Lateral "E" Canal a distance of 335.95 feet to the North right-of-way of said Main Canal and Point of Beginning; from said Point.of Beginning of said easement continue North on the Northerly projection of said.East right-of- way of Lateral "E" Canal a distance of 558.73 feet to the Inter- section with the West right-of-way of the Florida East Coast Railroad and point of ending of said 30.feet right-of-way; said point of intersection being 501.81 feet North of the North right - .of -way of the Main Canal as measures•along the West right-of-way of said Florida East Coast Railroad. AND ALSO, an easement 40 feet in width lying immediately West of and adjacent to the West right-of-way of the Florida East Coast Railroad and running Northwesterly from the above described pro- jection of the East right-of-way of said Lateral "E"'Canal to the Southerly terminus of Easements as described in Official Record Book 499, Page 152, and Official Record Book 535, Page 578, of the Public Records of Indian River County, Florida. This Easement lying and being in the Southeast Quarter of Section 35, Townsyip 32 South, Range 39.East, In$ian River County, Florida. • s EXHIBIT "A" , SHEET'l OF 2 0 V 2 19 77 , ' aooK 31 PA .DESCRIPTION FOR SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY FROM - THE CI'T'Y OF VERO BEACH AND INDIAN RIVER COUNTY, FLORIDA INCLUDING EXISTING EASEMENTS OF RECORD. An easement lying immediately vilest of and adjacent to the Florida East Coast Railway right-of-way and extending from South Gifford Road Southerly to water main discharge at the City of Vero Beach Water Treatment Plant, being more particularly described as follows: An easement 30 feet in width, including an existing 20 feet easement adjacent to and.parallel with the West right-of-way of the Florida East Coast Railroad', granted to the County of Indian River by the City of Vero Beach, and recorded in Official Record Book 535, Page 578 of the Public Records of Indian.River County, Florida, plus an additional 10 feet lying West of and adjacent to said recorded easement; said total easement lying 20 feet West and 10 feet East of the centerline as described in said recorded easement from the South Gifford Road Southerly approximately 3560 feet to a point opposite the entrance to new Indian River Memorial Hospital, said point being the intersection of a line lying 30 feet West of and parallel with the West right-of-way of the Florida East Coast Railroad and the West line of expanded portion of above recorded easement and point of ending of 30 feet wide portion of this easement; Thence from end of 30 feet wide easement above, this easement includes the remaining portion of said easement as described in said Official Record Book 535, Page 578, AND ALSO includes the easement granted to the City of Vero Beach by the City of Vero Beach and recorded in Official Record Book 499, Page 152, Official Records of Indian River County, Florida; Said portion of this easement lying Southerly of the above described 30 foot easement containing both of the above referenced recorded easements and being 40 feet in width, immediately West of and adjacent to said Florida East Coast Railroad, and term- inating at the Water Main Discharge at the City of Vero Beach Water Treatment Plant.. . Said easement lying partially in•Sections 26 and 35, Township 32 South, Range 39 East, Indian River County, Florida. EXHIBIT "A" SHEET 2 OF 2 .. .. a...... r-_*:... _.. .. i� t:tti'f�.-. .. ....:L',:'�u."S�_. _. _..="1�^.: .,... _.. �_ ..__.�.:., .F ,.. .__.. -3..., ..&.•S.s..-�-�...., .u:rr�a.+.s-�...na..r... �... ... ...--r .e., -.ate..—.—.. NOV 21977 Boa 31 PA -F 455 ATTORNEY COLLINS NOTED THAT AT THE LAST MEETING THE BOARD APPROVED A FRANCHISE'WITH FLORIDA POWER & LIGHT, BUT BECAUSE OF CON- CERN ABOUT THE PUBLIC SERVICE COMMISSION'S POSSIBLE ACTIONS, ADDED A PARAGRAPH STATING THAT THE COUNTY RESERVED.THE RIGHT TO CHANGE OUR RATES. HE CONTINUED THAT FLORIDA POWER &`LIGHT HAVE OBJECTED TO THIS, SAYING.IT WOULD CREATE TREMENDOUS PROBLEMS WITH THEIR COMPUTERS. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS, THEREFORE, DRAFTED AN AMENDMENT TO RESOLUTION 77-104 AND IF A CHANGE SHOULD COME ABOUT, WE WILL HAVE TO NEGOTIATE WITH FP&L AT THAT TIME. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, COMMISSIONER SCHMUCKER VOTED IN OPPOSITION, THE BOARD ADOPTED RESOLUTION 77-112 AMENDING RESOLUTION 77-104, GRANTING FP&L A FRANCHISE. 64 O BOOK al PAS€.460 RESOLUTION N0. 77-112 AMENDMENT TO RESOLUTION NO. 77-104 AN AMENDMENT TO RESOLUTION NO. 77-104 GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE IN THE UNINCORPORATED AREAS OF INDIAN RIVER COUNTY, FLORIDA; IMPOSING 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, that Resolution No. 77-104 is hereby amended in total as follows: 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 Boa 31 PA. -1;F 487 J 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, khat 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, z cost, damage, or expense, which may accrue to Grantor by reason of the r misconduct of Grantee in the construction, operation or neglect, default o maintenance of its facilities hereunder. ' Section 4. That all rates and rules and regulations established 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 NOV 2 1977 -2- BOOK 1 PArF 468 K NOV 2 1977. 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 (616) amount. -3- BOOK 31 PAGE4 • J 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 (9016) 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 in 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 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 - M -M sooK 31 Pa,f 470 C 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 franchise 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 (6%) percent 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 per- centage 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. - 5 NOV 21977 4. c 1 471 c DONE and ADOPTED ina ars ' � gul ession flus � day of .fJ1 L 1977. ot BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. By: William C. Wodtke, Jr., Cha man ATTEST: 1 • t - NOV21977 IBJ ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS BEEN WORK- ING ON A NEW RESOLUTION DECLARING THE CLERK A BUDGET OFFICER, WHICH THE CLERK AND THE FINANCE OFFICER ARE GOING TO REVIEW AND MAKE SOME RECOMMENDATIONS, BUT IN THE INTERIM THE FINANCE OFFICER WISHES TO SET UP SEPARATE ACCOUNTS FOR THE FUNCTION OF THE CLERK OF THE COURT AND THE FUNCTIONS OF THE CLERK TO THE BOARD. THE ATTORNEY STATED THAT HE HAS DISCUSSED THIS WITH THE AUDITOR WHO DID NOT SEE ANY DISADVANTAGES TO SEPARATE ACCOUNTS AND WHO POINTED OUT THE ADVANTAGE OF BEING READI- LY ABLE TO TRACE THE CASH FLOW THROUGH THE ACCOUNTS. COMMISSIONER Loy SUGGESTED JUST HAVING A COUPLE OF BANKS ACCOUNTS TO SEPARATE THESE FUNDS INSTEAD OF SETTING UP A WHOLE SEPARATE ACCOUNT. FINANCE OFFICER JACKSON STATED THAT A CLEAR BREAKING POINT BETWEEN THE CLERK'S AND THE BOARD'S AFFAIRS IS NEEDED IN ORDER TO PROVIDE A BETTER AUDIT TRAIL. HE POINTED OUT THAT TO SPLIT THE AC- COUNTS AND HAVE A SEPARATE SET OF BOOKS WILL REQUIRE CERTAIN ACCOUNT- ING ADJUSTMENTS, THOUGH THE PRINT-OUTS AND ACCOUNT NUMBERS WILL BE THE SAME., AND THE LONGER WE GET INTO THE FISCAL YEAR, THE MORE COM- PLICATED THE ADJUSTMENT WILL BE. HE THEREFORE WOULD APPRECIATE GET- TING CLEARANCE TO MAKE THIS SPLIT NOW AND INITIATE A SEPARATE SET OF BOOKS FOR THE CLERK WITH HER BANK ACCOUNT. CHAIRMAN WODTKE DISCUSSED WHETHER BUDGET TRANSFERS FOR THE CLERK WOULD STILL COME BEFORE THE BOARD WHEN THERE IS A SEPARATE OF BOOKS, AS HE FELT IT WOULD BE A DISADVANTAGE TO THE BOARD IF THE CLERK CAN MOVE MONEY WITHIN HER DEPARTMENT WITHOUT THE BOARD HAVING KNOWLEDGE OF IT. COMMISSIONER SIEBERT NOTED THAT THE CLERK APPARENTLY WANTS THE ADVANTAGES OF BEING A FEE OFFICER WITH THE ADDITIONAL ADVANTAGE .OF BEING A BUDGET OFFICER. HE POINTED OUT THAT WHEN YOU BECOME A BUDGET OFFICER, YOU ARE SUBJECT TO THE CONTROL OF THE BOARD. FINANCE.OFFICER .JACKSON FELT THE CLERK IS AGREEABLE TO THE BUDGETARY CONTROL ESTABLISHED BY THE BOARD. COMMISSIONER LOY FELT THAT YOU CAN'T KEEP 'JUMPING BACK AND FORTH FROM ONE SYSTEM TO ANOTHER. FINANCE OFFICER .JACKSON REITERATED THAT A SEPARATE SET OF BOOKS IS NECESSARY TO GET A BETTER ACCOUNTING, BUT AGREED THAT THERE 71. Boca 31 11 iHOULD BE A REASONABLE DEGREE OF CONTROL. HE -PO INTED OUT THAT IT WOULD CUT DOWN ON THE WORKLOAD OF THE FINANCE DEPARTMENT IF THE 90ARD WOULD AUTHORIZE HIM TO INITIATE A'SEPARATE SET OF BOOKS AT THE EARLIEST POSSIBLE TIME. ATTORNEY COLLINS INFORMED THE BOARD THAT IN HIS DISCUSSION WITH THE AUDITOR THE SUBJECT OF BUDGET TRANSFERS WAS NOT BROUGHT UP, AND HE FEELS THIS QUESTION IS QUITE MATERIAL.. CHAIRMAN WODTKE STATED THAT HE DOES NOT HAVE ANY PARTICULAR RROBLEM WITH THE ACCOUNTS BEING SEPARATED PROVIDED THE BOARD STILL MAINTAINS THE SAME DEGREE OF.BUDGETARY CONTROL. FINANCE OFFICER JACKSON SUGGESTED THAT SEPARATE ACCOUNTS BE SET UP, BUT WITH THE PROVISION THAT THE CLERK WILL NOT MOVE A BUDGET ITEM FROM ONE LINE TO ANOTHER WITHOUT.THE BOARDS ADVANCE APPROVAL. CHAIRMAN WODTKE STATED THAT THIS MATTER WILL BE TAKEN UP AT THE NEXT MEETING AFTER FURTHER INVESTIGATION. ATTORNEY COLLINS REPORTED THAT A BOND RESOLUTION IN REGARD TO THE 1.8 MILLION SOLID WASTE DISPOSAL SYSTEM REVENUE BONDS HAS BEEN PUT TOGETHER BY WILLIAM R. HOUGH & CO. HE INFORMED THE BOARD THAT HE AND INTERGOVERNMENTAL COORDINATOR THOMAS HAVE REVIEWED IT AND FIND IT SATISFACTORY. HE ASKED THAT THE BOARD APPROVE THE RESOLUTION AND GIVE HIM AUTHORITY TO FILE THE VALIDATION SUIT SO THAT THE BONDS CAN THEN BE ISSUED. ON MOTION BY COMMISSLONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED RESOLUTION 77-110. •72 OV 2 1977 . . BOOK 1 ,,sf 474 e c � , RESOLUTION NO. 77-110 A RESOLUTION PROVIDING FOR THE ACQUISITION AND CONSTRUCTION OF A SOLID WASTE DISPOSAL SYSTEM OF INDIAN RIVER COUNTY, FLORIDA; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $1,815,000 SOLID WASTE DISPOSAL SYSTEM REVENUE BONDS, SERIES 1977, OF SUCH COUNTY TO PAY THE COST OF SUCH PROJECT AND THE REPAYMENT OF CERTAIN OUTSTANDING OBLIGATIONS ISSUED FOR SUCH PURPOSE; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR THE PAYMENT THEREOF; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to Chapter 159, Part I, Florida Statutes, Section 125.01, et seq., Florida Statutes, County Ordinance No. 77-19 enacted August 3, 1977, Chapter 218, Part II, Florida Statutes, and other applicable provisions of law. SECTION 2. DEFINITIONS. The following terms shall have the following meanings herein, unless the text otherwise expressly requires: A "Issuer" shall mean Iridian River County, Florida. B. "Act" shall mean Chapter 159, Part I, Florida Statutes, Section 125.01, et-seq., Florida Statutes, County Ordinance No. 77-19 enacted August 3, 1977, and Chapter 218, Part II, Florida Statutes. C. "Obligations" shall mean the $1,815,000 Solid Waste Disposal System Revenue Bonds, Series 1977 herein authorized to be issued, together with any additional parity obligations hereafter issued -under the terms, conditions and limitations contained herein. D. "Holder of obligations" or "Obligation holders" or any similar term shall mean any person who shall be the bearer or owner of any outstanding Obligation or Obligations registered to bearer, or not registered or the registered owner of any such Obligation or -0 bligations which shall at the time be registered other than to bearer. E. "Additional Parity'Obligations" shall mean additional Obligations issued in compliance with the terms, conditions and V 2 1977 . . Box 31 9115 11 limitations contained in subsection 15R hereof which have an equal lien on the Net Revenues, as herein defined, and rank equally in all respects with such obligations initially issued hereunder as to lien on and security for payment from such Net Revenues. F. "Facilities" shall mean the complete solid waste disposal system to be owned, operated and maintained by the Issuer, together with any and all improvements, extensions and additions thereto hereafter constructed or acquired. G. "Gross Revenues" or "Revenues" shall mean all income or earnings, including any income from the investment of funds unless otherwise provided herein, derived by the Issuer from the operation of the Facilities. H. "Cost of operation and maintenance" of the Facilities shall mean the current expenses, paid or accrued, of operation, maintenance and repair of the Facilities, as calculated in accordance with sound accounting practice, but shall not include any reserves for renewals and replacements, extraordinary repairs or any allowance for renewals, replacements and depreciation. I. "Net Revenues" of the Facilities shall mean the Revenues or Gross Revenues, as defined in subsection G above, after deduction of the Cost of Operation and Maintenance, as defined in subsection H above. J. "Consulting Engineers" shall mean such qualified and recognized consulting engineers, having a nationwide and favorable repute for skill and experience in the construction and operation of such Facilities at the time. retained by the Issuer to perform the acts and carry out the duties as herein provided for such Consulting Engineers. R. "Revenue Sharing Trust Funds" shall mean the "guaranteed entitlement" portion of such funds as defined in, and which are payable to the Issuer under, Chapter,218, Part II, Florida Statutes.' L.. "Authorized Investments" shall mean direct obligations of the United States of America, obligations unconditionally guaranteed by the United States of America or time deposits represented by Certificates of Deposit fully secured in the manner.provided by the laws of the State of*Florida. -2- R0 2 1977.Bao 31 PA476 A 0 M. "Fiscal. Year" shall mean the period commencing on October 1 of each year and ending on the succeeding September 30. N. Words importing singular number shall include the plural number in each case and vice versa, and words importing persons shall include firms and corporations. . SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: A. The Issuer does not now own, operate and maintain the Facilities. B. It is necessary and desirable to acquire and construct the Facilities including, but not limited to, the acquisition of rolling stock, the construction of transfer stations, construction of a central disposal facility and the acquisition of land, as pro- vided herein (hereinafter called "project"), in order to preserve and•protect the public health, safety and welfare of the inhabitants *of the Issuer. C. The Issuer has outstanding $1,100,000 Revenue and General Obligation Notes, maturing May 1, 1978, bearing interest at the rate of 4.65% per annum (hereinafter called "Outstanding Notes"), issued for the purpose of temporarily financing the construction of the Facilities. Said Notes are redeemable on any date prior to maturity at the price of par and accrued interest to the date of such redemption provided notice is given as required by said Notes. It is also deemed necessary and advisable and in the Issuer's best financial interests that said Notes be redeemed and paid from the first proceeds of sale of the obligations issued here- under, in the manner hereinafter provided. D. The Revenues to be derived from the operation of the facilities are not now pledged or encumbered in any manner. E. The estimated Revenues to be derived from the opera- tion of the Facilities will be sufficient to pay all of the principal of and interest on the obligations to be issued hereunder, as the same become due, and to make all required sinking fund, reserve or other payments. -3- NOV 21917`1 , , �n 1 mr. 477 ®A �1 F. The principal of and interest on the Obligations and all required sinking fund, reserve and.other payments shall be payable solely from the Revenues derived from the operation of the Facilities, and from Revenue Sharing Trust Funds, as herein provided. The Issuer shall never be required to levy ad valorem taxes on any property therein to pay the principal of and interest on the Obliga- tions or to make any of the required -sinking fund, reserve or other payments and such obligations shall not constitute a lien upon any property of or in the Issuer. SECTION 4. AUTHORIZATION OF CONSTRUCTION AND ACQUISITION OF PROJECT AND REFUNDING OF NOTES. (a) There is hereby authorized the construction and acquisition of'the project pursuant to the reports and the plans and specifications of the Consulting Engineers, presently on file or to be on file with the Issuer. The cost of such project, in addition to.the items set forth in the plans and specifications, may include, but need not be limited to the acquisition of any lands or interest therein or any other properties deemed necessary or convenient therefor; engineering, legal and financing expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; the fees of fiscal agents, financial advisors or consultants; administrative expenses relating solely to the construction and acquisition of the project; the capitalization of interest for a reasonable period after the issuance of the obligations; the creation and establishment of reasonable reserves for debt service and operation and maintenance; the discount on the sale of the Obligations, if applicable; and such other costs and expenses as may be necessary or incidental to the financing herein authorized and the construction and acquisition of the project and the placing of same in operation. (b) There is also hereby authorized the refunding of the Outstanding Notes. SECTION 5. RESOLUTION TO CONSTITUTE CONTRACT. In con- sideration of the acceptance of the Obligations authorized to be issued hereunder by those who shall hold the same from time to time, this resolution shall be deemed to be and shall constitute a contract -4- NOY 2 1977 Ban 1 PA` -,f 478 K between the Issuer and such holders. The covenants and agreements herein set forth to be performed by the Issuer shall be for the equal benefit, protection and security of the legal holders of any and all of such Obligations and the coupons attached thereto, all of which shall be of equal rank and without preference, priority or distinction of any of the Obligations or coupons over any other thereof, except as expressly provided therein and herein. SECTION 6. AUTHORIZATION OF OBLIGATIONS. Subject and pursuant to the provisions hereof, obligations of the Issuer to be known as "Solid Waste Disposal System Revenue Bonds, Series 1977", herein sometimes referred to as "Obligations" are authorized to be issued in the aggregate principal amount of not exceeding One Million Eight Hundred Fifteen Thousand Dollars ($1,815;000). SECTION 7. DESCRIPTION OF OBLIGATIONS. The Obligations shall be dated September 1, 1977; shall be numbered consecutively from one upward; shall be in the denomination of $5,000 each; shall bear interest at such rate or rates not exceeding the maximum rate fixed by the. Act or by other applicable law, the actual rate or rates to be determined by the governing body of the issuer prior to the delivery of the Obligations; such interest to be payable semiannually on March 1 and September 1 of each year; and shall mature serially in numerical order, on September 1 in the years and amounts as follows: YEAR AMOUNT YEAR AMOUNT 1980 $ 75,000 1988 $125,000 1981 80,000 1989 135,000 1982 85,000 1990 140,000 1983 90,000 1991 150,000 1984 100,000 1992 160,000 1985 105,000 1993 165,000 1986 110,000 1994 175,000 1987 120,000 Such Obligations shall be issued in coupon form; shall be payable to bearer unless registered as hereinafter provided; shall be payable with respect to both principal and interest at a bank or banks to be subsequently determined by the Issuer prior to the delivery of the obligations; shall be payable in lawful money of the United States of America; and shall bear interest from their date, payable in accordance with and upon surrender of the appurtenant• interest coupons as they severally mature. . -5- NOV 21977 oo31 w 479 SECTION 8. EXECUTION OF-OBLIGATIONS AND.COUPONS. The Obligations shall be executed in the name of the Issuer by the Chairman of the Board of County Commissioners and countersigned and attested by the Clerk of the Board, and its corporate seal or a facsimile thereof shall be affixed thereto or reproduced thereon The facsimile signatures of the Chairman or the Clerk may be im- printed or reproduced on the Obligations, provided that at least one signature required to be placed thereon shall be manually sub- scribed. In case any officer whose signature shall appear on any of the Obligations shall cease to be such officer before the de- livery of such Obligations, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. The Obligations may be signed and sealed on behalf of the Issuer by such person who at the actual time of the execution of such Obligations shall hold the proper office with the Issuer, although at the date of such Obligations such person may not have held such office or may not have been so authorized. The coupons attached to the Obligations shall be authenti- cated with the facsimile signatures of any present or future Chairman and Clerk of the Issuer, and the validation certificate on the Obli- gations shall be executed with the facsimile signature of the Chairman. The Issuer may adopt and use for such purposes the facsimile signatures of any persons who shall have held such offices at any time on or after the date of the Obligations notwithstanding that they may have ceased to be such officers at the time such Obliga- tions shall be actually delivered. SECTION 9. NEGOTIABILITY AND REGISTRATION. The Obliga- tions and the coupons appertaining thereto issued hereunder shall be and shall have all of the qualities and incidents of negotiable instruments under the law merchant and the Laws of the State of Florida, and each successvie holder, in accepting any of such Obliga- tions or the coupons appertaining thereto, shall be conclusively deemed to have agreed that such Obligations shall.be and have all of -6- NOV 21977 � . � BOOK �n�� .; • n W the qualities and incidents of negotiable instruments under the law merchant and the Laws of the State of Florida. The Obligations may be registered at the option of. the holder as to principal only, at the office of the Clerk of the.Board of County Commissioners of Indian River County, as Registrar, or such other Registrar as may be hereafter duly appointed, such registration to be noted on the back of the Obligations in the space provided therefor. After such registration as to principal only, no transfer of the Obligations shall be valid unless made at such office by written assignment of the registered owner, or by his duly authorized attorney in a form satisfactory to the Registrar, and similarly noted on the Obligations, but the Obligations may be discharged from registration being in like manner transferred to bearer and thereupon transferability by delivery shall be restored. At the option of the holder, the Obligations may thereafter again from time to time be registered or transferred to bearer as before. Such registration as to principal only shall not affect the negotiability of the coupons which shall continue to pass by delivery. SECTION 10. OBLIGATIONS MUTILATED, DESTROYED, STOLEN OR .LOST. In case any Obligation shall become mutilated, or be destroyed, stolen or lost, the Issuer may in its discretion issue and deliver a new obligation with all unmatured coupons attached, if any, of like tenor as the Obligation and attached coupons, if any, so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Obligation, upon surrender and cancellation of such muti- lated obligation and attached coupons,.if any, or in lieu of and substitution for the Obligation and attached coupons, if any, destroyed, stolen or lost and upon the holder furnishing the Issuer proof of his ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. All - Obligations and coupons so surrendered shall be cancelled. 'If any such Obligation or coupon shall have matured or be about to -mature, instead of issuing a substitute obligation or coupon, the Issuer may pay the.same, upon being indemnified as aforesaid,.and if such 21977 -7- wx 31 X51- obligations or coupon be lost, stolen or destroyed, without surrender thereof. 'All such duplicate Obligations and coupons issued pursuant to this section shall constitute original, additional contractual obligations on the part of the.issuer whether or not the lost, stolen or destroyed Obligations or coupons be at any time found by anyone, and such duplicate Obligations and coupons shall be entitled to equal and proportionate benefits and rights as to lien on and source and security for payment from the funds, as hereinafter pledged, to the same extent as all other Obligations and coupons issued hereunder. SECTION 11. PROVISIONS FOR REDEMPTION. The Obligations of -this issue maturing in the years 1980 to 1985, both inclusive, shall not be redeemable prior to their respective stated.dates of maturity. The Obligations maturing in the year 1986 and thereafter shall be redeemable prior to their respective stated dates of maturity, at the option of the Issuer, in whole or in part, in inverse numerical order if less than all, on September 1, 1985, or on any interest payment date thereafter at par and accrued interest to the date of redemption, plus a premium of two per centum (2%) of the par value thereof, if redeemed on September 1, 1985. Such premium shall reduce at the rate of one-fourth of one per centum (1/4%) on each September 1 thereafter; provided, however, that such premium shall never be less than one per centum (1%) of the par value thereof. Notice of such redemption (i) shall be published at least thirty (30) days prior to the redemption date in a financial journal published in the Borough of Manhattan, City and State of New York, (ii) shall be filed with the paying agents, and (iii) shall be mailed, postage prepaid, to all registered owners of Obligations to be redeemed at their addresses as they appear on the registration books herein- above provided for. Interest shall cease to accrue on any Obliga- tion duly called for prior redemption on the redemption date, if payment thereof has been duly provided. SECTION 12. FORM OF OBLIGATIONS AND COUPONS. The obliga- tions, the interest coupons to be attached thereto, and the certifi- cate of validation shall be in substantially the following form, with 0 -8- Bao 31 �A!w482 such omissions, insertions and.variations as may be necessary and desirable and which are herein authorized or permitted or which are .subsequently authorized or permitted prior to the issuance of the obligations: -9- NOV 2 1977 BOOK -j TW 483 J Na. $5,000 UNITED STATES OF AMERICA STATE OF FLORIDA INDIAN RIVER COUNTY SOLID WASTE DISPOSAL SYSTEM REVENUE BOND SERIES 1977 RNOW ALL MEN BY THESE PRESENTS that Indian River County, Florida (hereinafter called "County"), for value received, hereby promises to pay to the bearer, or if this bon(* be registered, to the registered holder as herein provided on the first day of September, 19_, from the special funds hereinafter mentioned, the principal sum of FIVE THOUSAND DOLLARS -and to pay solely from such special funds, interest thereon from the date hereof at the rate of per centum ( %) per annum until payment of the principal sum, such interest to the maturity hereof being payable semiannually on the first day of March and the first day of September in each year upon the presentation and surrender of the annexed coupons as they severally fall due. Both principal of and interest on this bond are payable in lawful money of the United States of America at , or, at the option of the holder at This bond is one of an authorized issue of bonds in the aggregate principal amount of $1,815,000 of like date, tenor and effect, except as to number, interest rate and date of maturity, issued to finance the cost of the construction and acquisition of a solid waste control system of the County (hereinafter called "facilities"), and the refunding of certain outstanding Notes of the County issued for such purpose, under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 159, Part I, Florida Statutes, Section 125.01 et seq., Florida Statutes, County Ordinance No. 77-19 enacted August 3, 1977, Chapter 218,' Part II, Florida Statutes, and .other applicable provisions of law, and a resolution duly adopted by the Board of County Commissioners on the day of 1977 (hereinafter called "Resolution"), -10- 8001 JA PIIIIF484 and is subject to all the terms and conditions of such Resolution. This bond and the coupons appertaining thereto are payable solely from and secured by.a prior lien upon and pledge of the net revenues derived by the County from the operation of the facilities and a prior lien upon and pledge of the guaranteed entitlement portion of the state revenue sharing trust funds received by the County, in the manner provided in the Resolution. The bonds of this issue maturing in 'the years 1980 to 1985, both inclusive, are not redeemable prior to their respective stated .dates of maturity. The bonds maturing in the year 1986 and there- after are redeemable prior to their respective stated dates of maturity, at the option of the County, in whole or in part, in inverse numerical order if less than all, on.September 1, 1985, or on any interest payment date thereafter, at par and accrued interest to the date of redemption, plus a premium of two per centum (2%) of the par value thereof if redeemed on September 1, 1985. Such premium shall reduce at the rate of one-fourth of one per centum (1/40) on each September 1 thereafter; provided, however, that such premium shall never be less than one per centum (lo) of the par value thereof. Notice of such redemption shall be given in the manner required by the Resolution. This bond does not constitute an indebtedness of the County within the meaning of any constitutional or statutory pro- vision or limitation, and it is expressly agreed by the holder of this bond and the coupons appertaining thereto that such holder shall never have the right to require or compel the exercise of the ad valorem taxing power of the County for the payment of the principal of and interest on this bond'or the making of any sinking fund, reserve or other payments provided for in the Resolution. It is further agreed between the County and the holder of this bond that this bond and the obligation evidenced thereby shall not.constitute a lien upon the.facilities or any part there- of, or on any other property of or in the County, but•shall.con- stitute a lien only on the net revenues derived from the operation -11- 21977 Book 31 'PA bcF 485 I M of the facilities and the guaranteed entitlement portion of the State revenue sharing trust funds, in the manner provided in the Resolution. The County in the Resolution has covenanted and agreed with the holders of the bonds of this issue to fix, establish and maintain such rates and collect such fees, rentals or other charges for the services of the facilities and to revise the same from time to time whenever necessary, as will always provide revenues in each year sufficient to pay one (1) hundred per centum (100%) of all operating and maintenance costs of the facilities in such year, (2) one hundred per centum (1000) of all required deposits into the Reserve Account in the Sinking Fund and into the Renewal and Replacement Fund established by the Resolution in such year, and (3) one hundred fifteen per centum (115%) of the amount of principal and interest becoming due in such year on the bonds of this issue and on all other obligations payable on a parity therewith, and that such rates, fees, rentals or other charges shall not be reduced so as to be insufficient to provide adequate revenues for such purposes; and the County has entered into certain further covenants with the holders of the bonds of this issue for the terms of which reference is made to the Resolution. It is hereby certified and recited that all acts, conditions and things required to exist, to happen and to be performed precedent to and in the issuance of this bond, exist, have happened and have been performed in regular and due form and time as required by the Laws and Constitution of the State of Florida applicable thereto, and that the issuance of the bonds of this issue does not violate any constitutional or statutory limitation or provision. This bond and the coupons appertaining thereto are and have all the qualities and incidents of a negotiable instrument under the law merchant and the Laws of the State of Florida. This bond may be registered as to principal only in accordance with the provisions endorsed hereon. IN WITNESS WHEREOF, Indian River County, Florida, has issued this bond and has caused the same to be signed by the Chairman -12- NOV 21977 mcK 31 PAGE 486 of the Board of County Commissioners and attested and countersigned by the Clerk of such Board, either manually or with their facsimile signatures, and the corporate seal of said County or a facsimile thereof to be affixed, impressed, imprinted, lithographed or repro- duced hereon and the interest coupons hereto attached to be executed with the facsimile signatures of such officers all as of the first day of September, 1977. INDIAN RIVER COUNTY, FLORIDA (SEAL) Chairman, Board of County Commis - ATTESTED AND COUNTERSIGNED: sioners Clerk, Board of County Commissioners FORM OF COUPON No. $ On the lst day of 19, the County of Indian River, Florida, will pay to the bearer at or, at the option of the holder, at from the special funds described in the bond to which this coupon is attached, the amount shown hereon in lawful money of the United States of America, upon presentation and surrender of this coupon, being six months' interest then due on its Solid Waste Disposal System Revenue Bond, Series 1977, dated September 1, 1977, No. COUNTY OF INDIAN RIVER, FLORIDA ( SEAL) By- Chairman, y=Chairman, Board of County Com - ATTESTED AND COUNTERSIGNED: missioners Clerk, Board of County Commissioners -13- NOV 21977 ma 31 ?w 487 VALIDATION CERTIFICATE This bond is one of the series of bonds which were vali- dated and confirmed by judgment of the Circuit Court for Indian River County, Florida rendered on the day of , 19 .. Chairman, Board of County Commis- sioners PROVISION FOR REGISTRATION This obligation may be registered as to principal only in the name of the holder on.the books to be kept by the Clerk of the Board of County Commissioners of Indian River County, Florida, as Registrar, or such other Registrar as may be hereafter duly appointed, such registration being noted hereon by such Registrar in the registration blank below, after which no transfer shall be valid unless made by written assignment on said books by the registered holder or attorney duly authorized and similarly noted in the registration blank below, but it may be discharged from registration by being transferred to bearer, after which it shall be transferable by delivery, but it may be again registered as before. The regis- tration of this obligation as to principal shall not restrain the negotiability of the coupons by delivery merely. DATE OF IN WHOSE NAME SIGNATURE OF REGISTRATION REGISTERED REGISTRAR SECTION 13. OBLIGATIONS NOT DEBT OF ISSUER. Neither the obligations nor coupons shall be or constitute general obligations .or indebtedness of the Issuer as "bonds" within the meaning of the Constitution of Florida, but shall be payable, solely from and secured by a lien upon and a pledge of the special funds as herein provided. No holder or holders of any Obligations issued hereunder or of any coupons appertaining thereto shall ever have the right to compel the exercise of the ad valorem taxing power of the Issuer or taxation in any form of any real property therein to pay such Obligations or the -interest thereon or be entitled to payment of such principal and interest from any other funds of the Issuer except from the special funds in the manner provided herein. SECTION 14. PLEDGE OF NET REVENUES AND REVENUE SHARING TRUST FUNDS. A. The payment of the principal of and interest on the Obligations shall be secured forthwith equally and ratably by an irrevocable lien on the Net Revenues derived from the operation • of the Facilities prior and superior to all other liens or encumbrances on such Net Revenues, and the Issuer does hereby irrevocably pledge such Net Revenues from the Facilities to the payment of the principal of and interest on the Obligations, for the reserves therefor and for all other required payments. B. The payment of the principal of and interest on the Obligations shall be further secured forthwith equally and ratably by an irrevocable lien on the Revenue Sharing Trust Funds, as herein defined, prior and superior to all other liens and encumbrances on such Revenue Sharing Trust Funds, and the Issuer does hereby irrevocably pledge such Revenue Sharing Trust Funds to the payment of the principal of and interest on, and reserves for, the Obligations. p_ SECTION 15. COVENANTS OF THE ISSUER. For as long as any of the principal of and interest on any of the Obligations shall be outstanding and unpaid or until there shall have been set apart in the•SiAking Fund, herein established, including the Reserve Account 'therein, a sum sufficient to pay when due the entire principal of the Obligations remaining unpaid,.together with interest accrued -15- OV 21977 Box 31 PAuE or to accrue thereon, the Issuer covenants with the holders of any and all obligations as follows: A. REVENUE FUND. The entire Gross Revenues derived from the operation of the Facilities shall upon receipt thereof be deposited in the "Solid Waste Disposal System Revenue Fund" (hereinafter called 'Revenue Fund"), hereby created and established. Such Revenue Fund shall constitute a trust fund for the purposes herein provided, and shall be kept separate and distinct from all other funds of the Issuer and used only for the purposes and in the manner herein provided. B. DISPOSITION OF REVENUES. All revenues at any time re- maining on deposit in the Revenue Fund shall be disposed of as they are received by the Issuer,.commencing in the month immediately following the delivery of the Obligations only in the following manner and in the following order of priority: (1) Revenues shall first be used for deposit into a fund to be known as the "Solid Waste Disposal System Operating Account"-_ {hereinafter called "Operating Account"), which is hereby established and created, such sums as are necessary for the cost of operating and maintaining the System during the current Fiscal Year in accordance with the budget to be adopted as hereinafter provided. There shall initially be deposited into a separate special fund in said Account, to be known as the "Operating Reserve Fund" which is hereby created and established, from the proceeds derived from the sale of the Obligations, the sum of Two Hundred Sixty Thousand Dollars (.$260,000). Moneys on deposit in said Operating Reserve Fund shall be used for the.payment of initial operating and adminis- trative costs of the System during the first full year following the delivery of the Obligations to the extent that Revenues of the System are insufficient for such purposes. Any moneys remaining in the Operating Reserve Fund at the end of .the first full year following the delivery of the Obligations, which shall not have been used for the purposes set forth above, shall be transferred and deposited into the Reserve Account in the Sinking Fund until the Reserve Account shall be at least equal to the largest amount of principal and interest becoming due on the Obligations in any ensuing Fiscal Year. When the moneys on deposit in the Reserve Account shall be at least equal to the maximum annual principal and interest on the Obligations becoming -16- Boa 31. pm� 490 due in any ensuing Fiscal Year, the balance remaining in the Operating Reserve Fund which is not necessary for or which has not been used for deposit into the Reserve Account shall be deposited into the Renewal and Replacement Fund. (2) From the moneys remaining in the Revenue Fund, the Issuer shall next deposit into a separate fund which is hereby created and designated "Solid Waste Disposal System Revenue Bonds Sinking Fund" (hereinafter called "Sinking Fund"), such sums as will be sufficient to meet the payments of principal of and interest on the obligations becoming due during the current Fiscal Year. All such payments, as provided above,,shall include an amount sufficient to pay the fees and charges of the paying agents. Such payments shall be increased or reduced proportionately to the extent required to pay such interest becoming due, after making allowance for the amounts of money which will be deposited in the Sinking Fund out of proceeds from the sale of the Obligations to pay interest on the Obligations. (3) Moneys remaining in the Revenue Fund shall next be applied by the Issuer for the establishment and maintenance of a Reserve Account in the Sinking Fund in a sum at least equal to and sufficient to pay the maximum amount of principal and interest on all outstanding Obligations becoming due in any ensuing Fiscal Year. The sum of One Hundred Thousand Dollars ($100,000) shall be initially deposited into the Reserve Account from a.portion of the proceeds of the sale of the Obligations. Thereafter, to the extent necessary to maintain said Reserve Account, there shall be deposited therein in each Fiscal Year, after providing for the payments required in (1) and (2) above, from the moneys remaining in the Revenue Fund, an amount equal to twenty per centum (200) of the maximum amount of principal and interest on all outstanding Obligations becoming due in any ensuing Fiscal Year. No further payments shall be required to be made into such Reserve Account as long.as there shall remain on deposit therein a sum equal to the maximum amount of principal and interest on all outstanding Obligations becoming due in any ensuing Fiscal Year. Any withdrawals from the Reserve Account shall be sub- sequently restored from the first moneys available in -the Revenue Fund after all required current payments for the Operating Account, NOV 21,977 0 -17- wx 31 U 491 KI the Sinking Fund, and the Reserve Account, including all deficiencies for prior payments, have been made in full. Moneys in.the Reserve Account shall be used only for the purpose of the payment of maturing principal of or interest on the Obligations when the other moneys in the Sinking Fund are in- sufficient therefor, and for no other purpose. (4) Upon the issuance by the Issuer of any Additional Parity Obligations under the terms, limitations and conditions pro- vided in this resolution, the payments into the Sinking Fund shall be increased in such amounts as are necessary.to make the payments required above for the principal of and interest on, and reserve for such Additional Parity Obligations on the same basis as herein- _ � above provided with respect to the outstanding Obligations. The Issuer may establish and maintain separate reserve accounts for each issue of Additional Parity Obligations; provided that the sum re- quired to be accumulated and maintained on deposit in the separate reserve accounts shall be at least equal to the maximum principal of and interest on the respective Additional Parity Obligations be- coming due in any ensuing fiscal year. Such required sum may be Paid in full or in part from the proceeds of such Additional Parity Obligations or may be accumulated in equal payments in the separate reserve accounts over such period of years, not, however, to exceed five (a) years from the date of the respective issue of Additional Parity Obligations, as determined by the Issuer. The Issuer shall not be required to make any further pay- ments into the Sinking Fund or into the Reserve Account when the aggregate amount of moneys in both the Sinking Fund and Reserve Account are at least equal.to the aggregate principal amount of Obligations then outstanding, plus the amount of interest then due or.thereafter to become due on such Obligations then outstanding. (5) The Issuer shall next apply anddeposit the moneys in the Revenue Fund into a special account to be known as the "Renewal and Replacement Fund", which -fund is hereby created. The Issuer shall deposit into such Renewal and Replacement Fund,*an amount equal to ten per centum (10%) of the gross revenues of the Facilities for the previous Fiscal Year, until there shall be on deposit in such Renewal and Replacement F?end an amount recommended by the Consulting Engineers and approved by the Issuer. The moneys in said Renewal and Replacement Fund shall be used only for the purposes of paying the cost of extensions, enlargements or additions to, or the replacement of depreciable capital assets of the Facilities and emergency repairs thereto, and to provide an adequate reserve for depreciation of all depreciable capital assets. Such moneys on deposit in such'Fund shall also be used to implement the Reserve Account if necessary, in order to prevent a default in the payment of the principal of and interest on the Obligations. The moneys on deposit in such Fund shall be withdrawn only upon the authorization of the County Commission and the approval of the Consulting Engineers. (6) The Issuer shall next apply moneys in the Revenue Fund to the payment of current debt service and reserve requirements of any obligations of the Issuer issued to finance the cost of additions, acquisition, extensions and improvements to the Solid Waste Disposal System which are junior and subordinate to the lien. of these Obligations and Additional Parity Obligations on the revenues of the Facilities. (7) The balance of any moneys remaining in the Revenue Fund after the above required payments have been made on a cumulative basis may be used by the Issuer for any lawful purpose. C. USE OF REVENUE SHARING TRUST FUNDS. The Issuer shall, in each Fiscal Year, on or before the fifteenth (15th) days of February and August, forthwith set aside and deposit into the Sinking Fund and the Reserve Account therein, from the Revenue Sharing Trust Funds, as herein defined, received by the Issuer under the provisions of Chapter 218, Part II, Florida Statutes, such amounts as shall be necessary to make up any deficiencies between the amounts then on deposit therein and the amounts necessary to pay interest on the Obligations becoming due on the next interest payment date and one- half (1/2) of the principal on the Obligations becoming due on the next principal payment date and one-half (1/2) of the amount required to be deposited into the Reserve Account in such.Fiscal Year. D. INVESTMENT OF FUNDS. The Operating Account, the Operating Reserve Fund, the Sinking Fund, rhe Reserve Account, the Renewal and Replacement Fund, the Revenue Fund and any other special funds or accounts herein established and created.shall constitute -19- B©c NOV 2 1977 31 4 _ trust funds for the purposes provided herein for such funds. All such funds shall be continuously secured in the manner by which the deposit of public funds are authorized to be secured by the Laws of the State of Florida. Moneys on deposit in the Operating Account, the Operating Reserve Fund and the Sinking Fund (except the Reserve Account therein) may be invested and reinvested only in Authorized Investments maturing not later than the date on which the moneys therein will be needed for the purposes of such Funds and Account. Moneys in the Reserve Account in the Sinking Fund may be invested and reinvested in Authorized Investments, maturing not later than fifteen (15) years from the date of such investments. Moneys in the Renewal and Replacement Fund may be invested and reinvested in Authorized Investments maturing not later thad five (5) years from the date of purchase. Any and all income received by the issuer from such investments shall be deposited into the Sinking Fund. i E. OPERATION AND MAINTENANCE. The Issuer will maintain the Facilities and all parts thereof in good condition and will operate the same in an efficient and -economical manner making such expenditures for equipment and for renewals, repairs and replacements as may be proper for the economical operation and maintenance thereof. F. RATE RESOLUTION. Within ninety (90) days following delivery of the Obligations, or any portion thereof, the Issuer shall enact a rate resolution and thereby will fix, establish and maintain such rates and will collect such fees, rentals or other charges .for the services of the Facilities and revise the same from time to time, whenever necessary, as will always provide revenues in each year sufficient to pay (1) one hundred per centum (100%) of all operating and maintenance.costs of the Facilities in such.year, (2) one hundred per centum (100%) of all required deposits into the Reserve Account in the Sinking Fund and into the Renewal and Replacement Fund established herein in such year, and (3) one hundred fifteen per centum (115%) of the amount of principal and interest becoming -due in such year on the Obligations and on all other obligations payable on a parity therewith, and that such rates, fees, rentals or other charges shall -20- NOV 21977 - BOOK 31 not be reduced so as to be insufficient to provide adequate revenues for such purposes. G. BOOKS AND RECORDS. The Issuer shall also keep books and records of the Revenues of the Facilities and the Revenue Sharing Trust Funds, as defined herein, which such books and records shall be kept separate and apart from all other books, records and accounts of the Issuer. The original purchasers of the Obligations and the holders of not less than ten per centum (10%) of the Obligations shall have the right at all reasonable times to inspect all records, accounts and data of the Issuer relating thereto. H. ANNUAL AUDIT. The Issuer shall also, at least once a year, within 90 days after the close of its Fiscal Year, cause the books, records and accounts relating to the Facilities to be properly audited by a recognized independent firm of certified public accountants. Such audits shall contain a complete report of operations of the Facilities including, but not limited to, a comparison with the current budget and with the operations of the previous years, the balance sheet, a schedule of insurance in ex- istence, a schedule of the application of all Revenues of the Facilities, a schedule of reserves and.investments, and a certificate by the auditors stating no default on the part of the Issuer of any covenant herein has been disclosed by reason of such audit. The auditors selected shall be changed at any time by a written request signed by a majority of the holders in principal amount of the Obligations then outstanding or their duly authorized representatives. A copy of such annual audit shall regularly be furnished to the original purchaser of the*Obligations, and to any holder of an Obligation who shall have requested in writing that a copy of such audits be furnished him. I. NO MORTGAGE OR SALE OF THE FACILITIES. The Issuer will not sell, mortgage, pledge or otherwise encumber the Facilities or'any part thereof, or any Revenues'to be derived therefrom, except as herein provided, and will not sell, lease or otherwise dispose of any substantial portion of the'Facilities. 31 PA' 495 NOV 21911, - t The foregoing provision notwithstanding, the Issuer shall have and hereby reserves the right to sell,•lease or otherwise dispose -of any of the property comprising a part of the Facilities hereafter determined in the manner provided herein to be no longer necessary, or else to be no longer useful or else no longer profitable in the operation thereof. No sale or other disposition of said property, if the amount to.be received therefor is not in excess of $50,000, shall be made unless the general manager of the facilities shall make in writing the finding hereinabove referred to. No sale or other disposition of said property for a sum in excess of $50,000 but less than $100,000 shall be made unless the general manager of the Facilities shall make in writing the finding hereinabove referred to and the governing body of the Issuer shall, by resolution duly adopted, approve and concur in the finding of such general manager, and authorize such sale or other disposition of said property. No sale or other disposition of said property for a sum in excess of $100,000 but not more than 10% of the value of fixed .assets of the Facilities according to the most recent annual audit and operating report shall be made unless the general manager and Consulting Engineers shall both make in writing the finding herein- above referred to, and the governing body of the Issuer shall by resolution duly adopted, approve and concur in the findings of such general manager and the Consulting Engineers, and shall authorize such sale, or other disposition of said property. No sale or other disposition of said property for a sum. in excess of 10% of the value of the fixed assets of the Facilities according to the most recent annual audit and operating report shall be made unless the general manager and the Consulting Engineers shall make in writing the finding hereinabove referred to, and that the estimated annual average of Net Revenues to be derived by the Issuer from the Facilities in the sixty (60) complete calendar months immediately succeeding the month in•which the sale or other disposition of such property is completed will be not less than 1.30 times the -22- NV 21977 a00x 31 � � maximum amount of principal and interest becoming due on the Obliga- tions in any ensuing Fiscal Year and the governing body of the Issuer shall by resolution duly adopted, approve and concur in the finding of the general manager and the Consulting Engineers, and shall authorize such sale or other disposition of said property. If the proceeds derived from any such sale or other disposition of property are in excess of 10% of the value of the fixed assets of the Facilities according to the most recent annual audit and operating report, such proceeds shall be used for the retirement of outstanding Obligations. If the proceeds derived from any such sale or other disposition of property are less than l0% of the value of the fixed assets of the Facilities according to the most recent annual audit and operating report, such proceeds shall be placed in.the Renewal and Replacement Fund or used for the retirement of outstanding Obligations, in such proportions to be determined by the governing body of the Issuer upon the recommendations of the general manager. The payment of such proceeds into the Renewal and Replacement Fund shall not reduce the amounts required to be paid into such Fund by other provisions herein. J. INSURANCE. For so long as any of the Obligations are outstanding, the Issuer will carry adequate fire and windstorm in- surance on all buildings and structures of the works and properties of the Facilities which are subject to loss through fire or windstorm, will carry adequate public liability insurance, and will otherwise carry insurance of all kinds and in the amounts normally carried in the operation of similar facilities and properties in Florida.' Any such insurance shall be carried for the benefit of the holders of the Obligations. All moneys received for losses under any of such in- surance, except public liability, are hereby pledged by the Issuer as security for the Obligations, until and unless such proceeds are used to remedy the loss or damage for which such proceeds are received, with by repairing the property damaged or replacing the property destroyed within ninety (90) days from the receipt of such proceeds. K. NO FREE SERVICE. The Issuer will not render or cause to be rendered any free services of any nature by its Facilities, -23- OV 21977, Bou 31 m'1497 nor will any preferential rates be established for users of the same class. In the event the Issuer, including its departments, agencies and instrumentalities, shall avail itself of the services provided by the Facilities, or any part thereof, the same rates, fees or charges applicable to other customers receiving like services under similar circumstances shall be charged to the Issuer and any such department, agency or instrumentality. Such charges shall be paid as they accrue, and the Issuer shall transfer from its general funds sufficient sums to pay such charges. The revenues so received shall be deemed to be Revenues derived from the operation of the Facilities, and shall be deposited and accounted for in the same manner as other Revenues derived from such operation of the Facilities. L. ENFORCEMENT OF COLLECTIONS. The Issuer will diligently enforce and collect the rates, fees and other charges for the services of the Facilities, will take all steps, actions and proceedings for the enforcement and collection of such rates, charges and fees as shall become delinquent to the full extent permitted or authorized by law; and will maintain accurate records with respect thereof. All'such fees, rates, charges and revenues shall, as collected, be held in trust to be applied as herein provided and not otherwise. M. REMEDIES. Any holder of Obligations or any coupons appertaining thereto issued under the provisions hereof or any trustee acting for the holders of such Obligations may by suit, action, mandamus or other proceedings in any court of competent jurisdiction, protect and enforce any and all rights, including the right to the appointment of a receiver, existing under the laws of the State of Florida, and may enforce and compel the performance of all duties herein required or by any applicable statutes to be performed by the Issuer or by any officer thereof. Nothing herein, however, shall be construed to grant to any holder of such Obligations any lien on any property of, or in, the Issuer. N. OPERATING BUDGET. (1) The Issuer shall annually at least thirty (30) days preceding each of its Fiscal Years, in cooperation with its Consulting Engineers, prepare and -adopt a -24- 1977 BOOK UJL PA �r A detailed final budget for the operation of the Facilities during such next succeeding Fiscal Year. If the budget discloses that the estimated Gross Revenues will be insufficient during such Fiscal Year to make fully the current payments required in this resolution, then the Issuer shall forthwith revise the rates, fees, rentals or other charges in order to cure such estimated deficiencies and to comply with the rate covenant as provided in Subsection 15F herein. (2) The Consulting Engineers will annually review the depreciation schedules established for each major; capital asset, the same being any'asset of the Facilities having an original acquisition cost in excess of $10,000. There shall be included in the budget amounts necessary for deposit in the Renewal and Replacement Fund as stipulated but no less than the amount necessary to provide for the orderly replacement of such depreciable capital assets in accordance with the depreciation schedules that the Consulting Engineers shall establish. (3) No expenditure for the Operation and Maintenance of the Facilities shall be made in any Fiscal Year in excess of the amounts provided therefor in subh budget without a written finding and recommendation by the general manager of such Facilities or other duly authorized officer in charge thereof, which finding and recommendation shall state in detail the purpose of and necessity for such increased expenditures for the Operation and Maintenance of the Facilities and no such increased expenditures shall be made until the governing body of the Issuer shall have approved such finding and recommendation by a resolution duly adopted. No such increased expenditures in excess of ten per centum (10%) of the amount provided therefor In such budget shall in any event be made except upon the further certificate of the Consulting Engineers that such increased expenditures are necessary and essential to the continuance in operation of the Facilities. O. CONSULTING ENGINEERS.. The Issuer will annually retain an'independent Consulting Engineer or engineering firm having a favorable reputation for skill and experience for the design, con- struction and operation of Facilities of comparable size and character as the Facilities, for the purpose of providing the Issuer competent -25- 111410 V 21977.. Nox 01 PAu 499 engineering counsel affecting the economical and efficient operation of the Facilities and in connection with the making of capital improvements and renewals and replacements of the Facilities. The Issuer may, however, employ additional engineers at any time with relation to specific engineering and operation problems arising in connection with the Facilities. The Issuer shall, at least every.two (2) years, cause to be prepared by the Consulting Engineers a report or survey with respect to the management of the properties thereof, the sufficiency of the rates, and charges for services, the proper maintenance of the prop- erties of the Facilities and the necessity for capital improvements and recommendations therefor. Such a report or survey shall also show any failure of the Issuer to perform or comply with the covenants herein contained. If any such report or survey of the Consulting Engineers shall set forth that the provisions hereof or any reasonable recom- mendations of such Consulting Engineers have not been complied with, the Issuer shall immediately take such reasonable steps as are nec- essary to comply with such requirements and recommendations. In making such report or survey the Consulting Engineers shall accept certified statements of the independent certified public accountants. Copies of each report or survey shall be placed on file with the Is- suer and shall be open to the inspection of any holder of obligations or other interested parties. During the period of construction of the project, the Con- sulting Engineers shall determine that all phases of construction of the project are being constructed pursuant to the plans and specifica- tions, pian the progress of such construction, approve the form and content of construction contracts signed -by the Issuer, including any penalty payments required as a result of cion -performance, and the performance and payment bonds required, arrange for proper permits, clearance of other construction documents as may be necessary from local, state or federal jurisdigtions, and approve expenditures from the Construction Fund, as hereinafter provided. -26- NOV 21977 BODS(J PAP 3- I When each phase of the project has been substantially com- pleted and placed in operation and use, the Consulting Engineers shall certify such fact to the .Issuer and the same shall be deemed to be the completion date of each phase of the project. The Consulting Mngineers shall also prepare a monthly progress report showing the status of the construction and acquisition of the project, the construction contracts entered into therefor, an esti- mated time schedule for completion, the percentage of completion thereof, the availability of funds for completion of the project and any other matters deemed advisable by such Consulting Engineers. Copies of such progress reports shall be mailed to the original purchaser of the Obligations. P. NO COMPETING FACILITIES. To the full extent permitted by law, the Issuer will not grant, renew or cause, consent to, or allow the granting, renewal, extension or expansion of any franchise or permit to any person, firm, corporation or body, or agency or instrumentality whatsoever, for the furnishing of services similar to those of the Facilities to or within the boundaries of the Issuer. Q. ISSUANCE OF OTHER OBLIGATIONS. (1) The Issuer will not issue any other obligations payable from Revenue Sharing Trust Funds (as herein defined) received each year nor voluntarily create any lien having priority to to being on a parity with the lien of the Obligations and the interest thereon upon the Revenue Sharing Trust Funds. Any other obligations issued by the Issuer in addition to the Obligations herein authorized, payable from such Revenue Shar- ing Trust Funds, shall contain*an express statement that such Obliga- tions are junior and subordinate in all respects to the Obligations herein authorized as to lien on and source and security for payment from such Revenue Sharing Trust Funds. (2) Further, the Issuer will not issue any other obliga- tions, except under the conditions and in the manner provided herein, payable from the Revenues of the Facilities, nor..voluntarily create or cause to be created any debt,,lien, pledge, assignment, encumbrance or other charge.having priority to or being on a parity with the lien of the Obligations.and the interest thereon, upon said Revenues. -27- �1 Any other obligations issued by the Issuer -in addition to the Obligations herein authorized or Additional Parity Obligations provided for in subsection R below, payable from such Revenues, shall contain an express statement that such obligations are junior and subordinate in all respects to the Obligations, herein authorized, as to lien on and source and security for payment from such Revenues. R. ISSUANCE OF ADDITIONAL PARITY OBLIGATIONS. Additional Parity Obligations, payable on a parity from the Net Revenues of the Facilities with the Obligations, herein authorized, may be issued after the issuance of any Obligations, herein authorized, for the construction and acquisition of additions, extensions and improvements to.the Facilities or for refunding purposes, in the manner herein provided and upon compliance with both of the.following conditions: (1) (a) There shall have been obtained and filed with the Issuer a certificate of an independent certified public accountant -of suitable experience and responsibility: (i) stating that the books and records of the Issuer relating to the collection and receipt of Revenues derived from the operation of the Facilities have been audited by him for the Fiscal Year immediately preceding the date of sale of the proposed obligations or for any twelve (12) consecutive months period out of the eighteen (18) consecutive months immediately preceding the date of sale of the proposed obligations; (ii) setting forth the amount of Net Revenues, as defined herein, received by the Issuer for the audited period referred to in (i) above, with respect to.which such certificate is made; (iii) stating that the Net Revenues pursuant to (ii) above, as adjusted as hereinafter provided, equal at least 1.15 times the largest amount of principal and interest which will mature and become due in any Fiscal Year thereafter on all obligations, and all Additional Parity Obligations, if any, then outstanding and on the Additional Parity Obligations, with respect to which such certificate is made. (b) If desirable, the Net Revenues for such period may be adjusted by the Consulting Engineers as follows: (i) by adding thereto the Net Revenues of any solid waste disposal system facilities which the Issuer shall have acquired prior to the issuance of the -28- ®V 21977, 80 X , Additional Parity Bonds or which the Issuer shall be acquiring from proceeds of such Additional Parity Bonds, and which has been operating for a part of the Fiscal Year or twelve (12) month period referred to above. (ii) In the event a change has been made in the rate schedule for services from the Facilities prior to the issuance of the proposed Additional Parity Obligations for a part of said Fiscal Year or twelve (12) month period referred to above, and such change has resulted in an increase in Net Revenues, by adding thereto such amount of additional Net Revenues, which the Consulting Engineer estimated would have been received by the Issuer during said Fiscal Year or twelve (12) month period if such change in such rate schedule had.been in effect during the entire Fiscal.Year or twleve (12) month period, and in the event a change ahs been made in the rate schedules for services from said Facilities prior to the issuance of the proposed Additional Parity Obligations for a part of the Fiscal Year or twelve (12) month period referred to above, and such change has resulted in a decrease in Net Revenues, by subtracting therefrom such amount of the Net Revenues which the Consulting Engineer estimates would not have been received by the Issuer during such Fiscal Year or twelve (12) month period referred to above if such change in such rate schedule had been in effect during said entire -Fiscal Year or twelve (12) month period. (2) The Net Revenues as estimated by the Consulting Engineers for the first twelve (12) months following completion of the project for which the Additional Parity Bonds are issued shall equal at least 1.25 times the largest amount of principal and interest which will become due in any succeeding Fiscal Year on the Obliga- tions and -those proposed to be issued. Each resolution authorizing the issuance of Additional Parity Obligations will recite that all of 'the covenants herein con- tained will'be applicable to such Additional Parity Obligations. The Issuer shall not be in default in performing any of the covenants and obligations assumed hereunder, and all payments herein required to have been made into the accounts and funds, as provided hereunder, shall have been made to the full extent required. -29- 31 PAGM3 NOV 2 1977 • � L The Additional Parity Obligations shall be dated March 1 or September l of the year of, issuance thereof, shall bear interest payable semiannually on March 1 and September 1 of each year, and shall mature on September 1 of the year of maturity thereof. S. COMPLETION OF PROJECT. The Issuer will complete the project in an economical and efficient manner and with all practicable dispatch.. T. MANAGER OF FACILITIES. The Issuer in operating the Facilities will employ a manager of demonstrated ability and ex- perience and will require all employees who may have possession of moneys derived from operation of the Facilities to be covered by a fidelity bond written by a responsible indemnity company in an amount sufficient to protect the issuer from•loss. U. CONNECTIONS WITH FACILITIES. The Issuer will, to the full extent permitted by law, require persons within the limits of the Issuer who can use the services of the Facilities to utilize such services immediately upon availability and to cease the use of all other means and methods similar to the services furnished by the Facilities. V. NO IMPAIRMENT OF CONTRACT. The Issuer has full power and authority to irrevocably pledge the Revenue Sharing Trust Funds, as defined, to the payment of the principal of and interest on the Obligations. The pledge of the Revenue Sharing Trust Funds in the manner provided herein shall not be subject to repeal, modification or impairment by any subsequent act of the Issuer without and unless the Issuer makes immediately available such additional or supplementary funds which shall be sufficient to retire the Obligations and interest thereon in accordance with their terms. The Issuer shall be unconditionally and irrevocably obligated, so long as any of the. Obligations or the interest thereon are out- standing and unpaid, to take all lawful action necessary or required to continue to entitle the Issuer to receive the Revenue Sharing Trust Funds in the same amounts and at the same rates as now provided by law to pay the principal of and interest on the Obligations and to - make the other payments provided for herein. The Issuer shall always -30- WOK 31 Fc be irrevocably and unconditionally obligated to take such action as may be required to entitle it to.receive such Revenue Sharing Trust Funds in the maximum amount provided by law. SECTION 16. APPLICATION OF PROCEEDS OF OBLIGATIONS. All moneys received from the•sale of the Obligations shall be deposited by the Issuer in a special account in a bank or trust company and applied by the Issuer as follows: A. All accrued interest and interest to accrue on the Obligations for one year after the date of delivery of the Obliga- tions shall be deposited into the Sinking Fund and applied ex - elusively for the payment of interest becoming due on the Obliga- tions. B. The Issuer shall next deposit with the paying agent of the outstanding Revenue and General Obligation Notes a sum equal to•pay all the principal of and interest on said Notes to the first •date on which they may be called on or after the delivery of the Obligations. C. The sum of One Hundred Thousand Dollars ($100,000) shall be deposited into the Reserve Account in the Sinking Fund. D. The sum of Two Hundred Sixty Thousand Dollars ($260,000) shall be deposited into the Operating Reserve Fund in the Solid Waste Disposal System Operating Account. E. The Issuer shall next use the moneys in said special account to pay all engineering fees, legal fees, fees of financial advisors, cost of the issuance of the Obligations, and all other similar costs incurred in connection with the acquisition and con- struction of the project and the issuance of the Obligations to finance the cost thereof. F. A special fund is hereby created, established and des- ignated as the "Facilities Construction Fund" (herein called the "Construction Fund"). There shall be paid into the Construction Fund the balance of the moneys remaining after making all the de- posits and payments provided for in paragraphs A, B, C, D, and E above. Such fund shall be'kept separate and apart from all other -31- Book NOV 21, 1977 gf V accounts of the Issuer, and the moneys on deposit therein shall be withdrawn, used and applied by the Issuer solely to the payment of the cost of the project and purposes incidental thereto, as herein- above described and set forth. If for any reason such proceeds or any part thereof are not necessary for or are not applied to the payment of such cost, then the unapplied proceeds shall be deposited by the Issuer into the Sinking Fund and used only to pay principal and interest on the Obligations. All such proceeds shall be and constitute trust funds for such purposes, and there is hereby created a lien upon such moneys until so applied in favor of the holders of the Obligations. Any funds on deposit in the Construction Fund which, in the opinion of the Issuer, acting upon the recommendation of the Consulting Engineers, are not immediately necessary for expenditure, as hereinabove provided, may be invested in Authorized Investments maturing at such time or times recommended by the Consulting Engineers. All such securities shall be held by the depository bank, and all income derived therefrom shall be deposited in the Construction Fund. All expenditures or disbursements from the Construction Fund shall be made only after such expenditures or disbursements shall have been approved in writing by the Issuer and by the Consulting Engineers. The date of completion of each phase of the project shall be determined by the Consulting Engineers, who will certify such facts in writing to the governing body of the Issuer. SECTION 17. MODIFICATION OR AMENDMENT. No material modi- fication or amendment of this resolution or of any resolution or ordinance amendatory hereof or supplemental hereto may be made without the consent in writing of the holders of two-thirds or more in the principal amount of the Obligations then outstanding; provided, however, that no modification or amendment shall permit a change in the maturity of such Obligations or a reduction in the rate of interest thereon or in the amount of the principal obligation thereof or affecting the promise of the Issuer to pay the principal of and 2 1977 ' -32- BOOK 31 PA. -a 596 I interest on the Obligations as the same shall become due from the Revenues of the Facilities or reduce the percentage of the holders of.the Obligations required to consent to any material modification or amendment hereof without the consent of the holder or holders of all such obligations; provided, however that no such modification or amendment shall.allow or permit any acceleration of the payment of principal of or interest on the Obligations upon any default in the payment thereof whether or not the holders of the Obligations consent thereto. SECTION 18. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein con- tained shall be held contrary to any express provision of law or contrary to the policy of express law, though not expressly pro- hibited, or against public policy, or shall for any reason whatso- ever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remain- ing covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Obliga- tions or coupons issued hereunder. SECTION 19. SALE OF OBLIGATIONS. The Obligations shall be issued and sold in such manner and at such price or prices con- sistent with the Act, all at one time or in installments from time to time, as shall be hereafter determined by the governing body of the Issuer. SECTION 20. VALIDATION AUTHORIZED. The Attorney for the Issuer is authorized and directed to prepare and file proceedings to validate the Obligations in the manner provided by law. SECTION 21. REPEALING CLAUSE. All resolutions or parts thereof of the Issuer in conflict with the provisions herein con- tained are, to the extent of such conflict, hereby superseded and repealed. SECTION 22. EFFECTIVE DATE. This resolution shall take effect in the manner provided by law. -33- aoo 1 507 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA William Wo t7er. - Chairman ATTEST:A Freda Wright, &;4-e—rF NOV 2 1977 am 31 PAUrr. r. 538 •EXTRACTS FROM THE M]'.,UTES OF A County Commission MEETING OF THE Board of County Commissioners OF Indian River County, Florida HELD ON TEiE 2nd DAY OF November � l9 77 The Board of County Commissioners of Indian River County, Florida met in Regular meeting at Indian River County Courthouse in the City of Vero Beach _ Florida at 8:30 • o'clock A M. on the 2nd day of November / 29?� the place, hour, and date duly established for the hold- ing of such meeting. The Chairman called the meeting to order •and on roll call the following answered present: R. Don Deeson William C. Wodtke, Jr. Edwin S. Schmucker Alma Lee Loy Willard W. Siebert, Jr.. and the following were absent: .Ngne J / 1 I The Chatrman declared a quorum present. A Resolution entitled: RESOLUTION NO. 77-110 A RESOLUTION PROVIDING FOR THE ACQUISITION AND CONSTRUCTION OF A SOLID WASTE DISPOSAL SYSTEM OF INDIAN RIVER COUNTY, FLORIDA: PRO- VIDING -FOR THE ISSUANCE OF NOT EXCEEDING $1,815,000 SOLID WASTE DISPOSAL SYSTEM REVENUE BONDS, SERIES 1977, OF SUCH COUNTY TO PAY THE COST OF SUCH PROJECT AND THE REPAYMENT OF CERTAIN OUT- STANDING OBLIGATIONS ISSUED FOR SUCH PURPOSE; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR THE PAYMENT THEREOF; AND MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS.. was introduced by M. Chairman Wodtke Said Resolution was than read in fall and discussed and considered. ' BOOK 31 PAA 509 NOV -21977 J - 4 c Miss-, Loy then moved the adoption of the Resolution as introduced and read. Mr.. Siebert seconded the motion, and, on roll call,, the following voted "Aye": R. Don Deeson; Edwin S. Schmucker; William C. Wodtke Jr., Chairman Alma LeeiLoy; and Willard W. Siebert, Jr. _ and the following voted "Nay": Nnn'_ The Chairman thereupon declared the motion carried and the Resolution adopted as introduced and read. There being no further business to come before the meeting, upon motion duly made and seconded, the meeting was adjourned. The undersigned I:CI:iBY CZRTISIG3 t.Iat: 1. Silo is the duly appointed, qualified, .and acting _ Clerk of the'B_oard of County Commissioners (horse i 7 c-ll.l �d the Board ) , and kez=e: of the records thereof, including the minutes of its proceedings; 2. The annexed copy cf extracts f_om t`e minutes o: the Regular meeting of the Board held on the 2nd dai of November , 1977 , is a true, corre^t, and conpared copy of the whole of. the original minutes of said n�ieting on file and o! reccrd*iasofa_ as the same rel -ate td the resolution referred to in said extracts and to the other natters referred to therein; 3. Sr,id t8eettng was duly convened in conforilit.v with all a ppfii-able re,nnti rn.-nn s.: a proper quoru-m was present through- ou't szie meeting and t*--- resolution hereinafter mentioned was duly prrposed, considered, and adopted in conformity with appli- cable requirements: and all other requiremen-s and proceedings ineid^nt- to the vroper adoption of said resolution have been duiv fulfilled, carried out, and otherwise observed; _ 4. S11e is' duly authorized 'to execute. this Certificate; and - 5. The copy of the resolution annexed hereto entitles'.: A Resolution providing for the acquisition and construction of a solid waste disposal system of Indian River County, Florida; providing for the issuance of not exceeding $1,815,000 solid waste disposal system revenue bonds, series 1977, of such county to pay the cast of such project and Lhe repayment of certain outstanding obligations issued for such purpose; providing for the rights of the holders of such bonds; providing for the payment thereof; and making certain other covenants and agreements in connection with the issuance of such bonds. is a true, correct, and ccmoared couv of the original resolution re£errcd to in said c.:trzcts and as :anally adoptcd at said neer- ing and, to _h^. extent required by lawo as thereafter duly sic_n^d or approved by the proper officer or officers of the Board which resolution is on file and of record. WITUESS my nand and -the seal of the _ riprk this _ 2nd day or November 1977 Freda Wright, Cle ( FAL-) r Boa 31 5'1 I ON MOTION BY COMMISSIONER SIEBERT,. SECONDED.BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO FILE A VALIDA- TION SUIT IN REGARD TO THE SOLID WASTE DISPOSAL SYSTEM REVENUE BONDS. ADMINISTRATOR JENNINGS STATED THAT HE AND COUNTY PLANNER BRENNAN ATTENDED A MEETING AT CITY HALL IN REGARD TO THE POSSIBILITY OF THE COUNTY EMPLOYING A TRAFFIC ENGINEER JOINTLY WITH THE CITY OF -VERO BEACH. HE REPORTED THAT LESTER SOLIN, PLANNING DIRECTOR FOR THE CITY, WOULD LIKE THE COUNTY TO APPLY JOINTLY WITH THE CITY FOR,A TRAFFIC ENGINEERING GRANT FROM THE GOVERNORS HIGHWAY SAFETY COM- MISSION. MR. SOLIN FEELS HAVING A TRAFFIC ENGINEER WOULD PROVIDE THE COUNTY AND THE CITY WITH STRONGER BACK-UP INFORMATION WHEN THERE IS A DIFFERENCE OF OPINION WITH THE DOT. ADMINISTRATOR JENNINGS NOTED THAT WE HAVE HAD DIFFERNECES OF OPINION OVER THE YEARS WITH THE DOT AND HAVE ALWAYS BEEN ABLE TO RESOLVE THEM. THE ADMINISTRATOR POINTED OUT THAT THERE ARE SEVERAL MAJOR TRAFFIC PROJECTS IN PROCESS AT THE PRESENT TIME THAT WILL DEFINITELY AFFECT TRAFFIC PATTERNS IN THE FUTURE, AND HE DOES NOT FEEL THAT NOW IS THE TIME TO GET INTO A DETAILED TRAFFIC STUDY. CHAIRMAN WODTKE AGREED. HE NOTED THAT THE COUNTY'S RESPON- SIBILITY IN THIS REGARD IS CONSIDERABLY DIFFERENT THAN THE MUNICI- PALITY TS, AND FELT THAT ALTHOUGH WE NEED TO COORDINATE WITH THE CITY ON TRAFFIC THAT WILL BE FOLLOWED THROUGH THE CITY, HE WOULD PREFER TO KEEP OUR RELATIONSHIP WITH THE -DOT AS IT IS WHERE WE CAN SIT DOWN AND WORK WITH THEM ON A ONE-TO-ONE BASIS INSTEAD OF HAVING A CITY - COUNTY TRAFFIC ENGINEER DO THIS. ADMINISTRATOR JENNINGS NOTED THAT BOTH THE CITY AND THE COUNTY HAVE A GREAT DEAL OF INFORMATION ON THIS SUBJECT AND FELT THAT THE INFORMATION THAT IS AVAILABLE TODAY SHOULD BE COORDINATED BEFORE WE GO AFTER A FEDERAL GRANT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY.AUTHORIZED THE ADMINISTRATOR TO NOTIFY THE CITY OF VERO BEACH THAT THE BOARD AT THIS TIME CONSIDERS IT PREMATURE TO ENTER INTO A JOINT TRAFFIC STUDY. ADMINISTRATOR JENNINGS REQUESTED THAT AN EMERGENCY ITEM BE ADDED TO TODAYjS AGENDA IN REGARD TO AN OFFICER FOR LITTER CONTROL. im 21977 Boob 311 I ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADDED THE ITEM REQUESTED BY THE ADMINISTRA- TOR TO THE AGENDA. ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT HE AND AT- TORNEY COLLINS MET WITH SHERIFF JOYCE TO DISCUSS HAVING A SPECIAL OFFICER TO CONTROL ILLEGAL DUMPING. ATTORNEY COLLINS EXPLAINED THAT THg SHERIFF HAS SOME PROS- LEMS IN DESIGNATING A FULL TIME OFFICER FOR LITTER ENFORCEMENT. HE CONTINUED THAT THERE IS A STATUTE ON THE BOOKS WHICH ALLOWS COUNTY COMMISSIONERS TO DESIGNATE A PERSON IN THE RECREATION DEPARTMENT AS A LITTER ENFORCEMENT OFFICER WITH FULL POWERS OF ARREST, HE NOTED THAT IN ORDER TO QUALIFY, WE WOULD HAVE TO ESTABLISH A RECREATION .DEPARTMENT BY ORDINANCE. ADMINISTRATOR .JENNINGS AS HEAD OF THE RECREATION DEPARTMENT COULD THEN DESIGNATE A PERSON TO ENFORCE THE LITTER LAWS, AND THE SHERIFF COULD DESIGNATE HIM A SPECIAL DEPUTY. -HE NOTED THAT ACTUALLY ANY LAW ENFORCEMENT OFFICER CAN ENFORCE THESE .LAWS UNDER THE STATUTES AS IT IS A SECOND DEGREE MISDEMEANOR. AT- TORNEY COLLINS SUGGESTED THAT AN ORDINANCE BE DRAFTED SETTING UP A PARKS AND RECREATION DEPARTMENT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY COLLINS TO DRAW UP AND ADVERTISE AN ORDINANCE ESTABLISHING A PARKS AND RECREATION DEPARTMENT. ATTORNEY COLLINS NEXT REQUESTED THAT THE BOARD PASS A RESOLUTION OFFICIALLY DENYING MID -FLORIDA'S REQUEST FOR A RATE INCREASE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 77-111. V 2 1977 m 900K JJL PAGE j_jj RESOLUTION NO. 77- 111 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the Application by Mid -Florida Utilities, Inc., dated April 15, 1977, for a rate increase is denied based on the testimony as heard by the Board of County Commissioners and the reasons as stated by the Board and set out in the minutes of the Meeting on the 14th day of September, 1977 and in the minutes of the Meeting on the 19th day of October, 1977. This Resolution adopted on.the 2nd day of November, 1977. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIV._�R 1. CO/VU�NTTY, FLORIDA By 2 �tdli%wt G William C. Wodtke, Jif-, Chairman Attest: Freda Wright, C r NOV 2 1977, RODK 31 pass 51 4 c COMMISSIONER SCHMUCKER INFORMED THE BOARD THAT A STUDY HAS BEEN MADE AND THE DOT HAS GIVEN THE OKAY FOR A TRAFFIC SIGNAL TO BE INSTALLED AT GLENDALE ROAD AND U.S.l. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMIS- SIONER DEESON, THE BOARD UNANIMOUSLY APPROVED INSTALLING A TRAFFIC SIGNAL AT GLENDALE ROAD AND U.S.I. ADMINISTRATOR .JENNINGS REPORTED TO THE BOARD THAT THERE IS A POSSIBILITY OF INDIAN RIVER COUNTY RECEIVING A PERCENTAGE OF SOME EXCESS FUNDS AVAILABLE FOR DOING SOME SURFACING AND PAVING WHERE RIGHTS-OF-WAY HAVE BEEN ACQUIRED AND WHERE A MINIMUM AMOUNT OF DESIGN WOULD BE NEEDED. HE NOTED THERE IS A DEADLINE, AND MR. GOODNIGHT OF THE DOT HAS REQUESTED THAT HE SUBMIT A LIST SO THEY CAN DETERMINE WHAT PROJECTS WOULD QUALIFY. THE ADMINISTRATOR REVIEWED A SUGGESTED LIST OF PROJECTS WITH THE BOARD AND ASKED FOR PERMISSION TO GO TO FORT LAUDERDALE TO REVIEW THIS WITH THE DOT. COMMISSIONER SCHMUCKER REQUESTED THAT A RIGHT -TURN LANE AT VERO SHORES ON THE NORTH BOUND LANE BE ADDED TO THIS LIST. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR THE ADMINISTRATOR TO GO TO FORT LAUDERDALE ON NOVEMBER 10, 1977, TO MEET WITH THE DOT AND REVIEW THE LIST OF PROJECTS TO SEE WHAT WOULD QUALIFY. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY FOR THE INDIAN RIVER COUNTY VOLUNTEER AMBULANCE SERVICE IS HEREBY MADE A PART OF THE MINUTES. 113 NO V 2 1917 BOOK pi F*515 Is -k .•+ ,S�SSEE �,_��� �y ���,�'�r�=,ice •�`_.,. .Ny+s= -- � �l't t-• �~1�"'��¢ ^'-7�•�1.'�� r-��'�! ,�•j�✓. • o •i '�� vaf' a'�.�.*'; r: } s\ a4 �t' 11`.• \\�a'f,�' t q1`� ~` t o � i. r �! ~4'� � � .-L..� ' if rsl.... �•!:•i °"• %C.) it •. l < :1�, r. `Ct' rte.-�j' 5�^\\\\:l�`-V < �•r� i'�. / ij �4 t.l EMERGENCY N,EDICAL SE?"FCES CERTIFICATE OF PUBLIC CMi'VE?tiFEiCE A„U NECESSITY tr. �r r 1, l �• WHEREAS, the VER COUNTY VOLUNTEER NDIARIVER County; q:aZity em -agency r,.aecArbucree Sctviee pavfdes 4nd, terN�F;EAS, thete haA been demonstout,ted .that thele is a need Sox this acbuLatrce setvice to opeAate in this couitry .to t''.wvid-e CjS;ajj l•i�' oe'tViCa 'to �P e cj,; '«S 06 :�,t•S Co'mty; and, WHEREAS, .the above ambu.iarce aetvice has ind%c:r•ted that it u;;.f.Y C07 cath ate the tequiAerrents o6 the Emelgency "iedicat Setv.ica Act cS 3913, the 8owtd o6 County Coc: v-SSicne,s-s 06 —Upj W__R Cocu:ty he teby .i.S.Sues a Cert Z6icate o6 Pubtic Co►tv£antri,Le artd iJecej�.;.;y, o t::; s at ui..r,:ce c^mpi►:a Soh cite yeat 1978 In tss:ci►:g t1:is ce'.ti6icate it is u,., -'.e food .tP—at the above rcrred a-bu£arce se,tvi.ce cci.P�g meet .the tequ�i,terents o6 State Legiitation and pto�=.ide enwger-cy aetvi.ces on a ttcenty-.Sou-t• hot:,t 604 is Son .t1ce Soteocung atea (z) : 4 NOVEMBER 1977 • K. i Lralt, GCa- 0 Cut' LC.+ SICi:� t,3 1•t '-^J } Cn Cia f AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND NOS. 56375 - 56521 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES. i THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 3:55 O'CLOCK P.M. ATTEST: Qj&I,,&�)A, c4J CLERK CHAIRMAN 115 OV 21977 ROCK 31 PMT 517.