HomeMy WebLinkAbout4/19/1978WEDNESDAY, APRIL 19, 1978
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY
ACTING AS THE BOARD OF SUPERVISORS OF THE ROCKRIDGE SUBDIVISION STREET
LIGHTING DISTRICT MET AT THE COURTHOUSE, VERO BEACH, FLORIDA, AT
$;51 O'CLOCK A.M.. PRESENT WERE WILLARD W. SIEBERT, JR., CHAIRMAN;
R. DON DEESON, VICE CHAIRMAN; ALMA LEE Loy; WILLIAM C. WODTKE; JR.;
AND EDWIN S. SCHMUCKER, ALSO PRESENT WERE GEORGE G. COLLINS, JR.♦
ATTORNEY TO THE BOARD OF SUPERVISORS; JEFFREY K. BARTON, FINANCE
OFFICER; AND VIRGINIA HARGREAVES, DEPUTY CLERK,
THE CHAIRMAN CALLED THE MEETING TO ORDER AND ANNOUNCED THAT
IT IS BEING HELD FOR THE PURPOSE OF ADOPTING A RESOLUTION AUTHORIZING p
CHAIRMAN SIEBERT AND/OR JEFFREY K. BARTON, FINANCE OFFICER,
TO MAKE DEPOSITS AND WITHDRAWALS, ETC, FOR ROCKRIDGE SUBDIVISION
STREET LIGHTING DISTRICT.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 78-1.
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APR 9 1978 -
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RESOLUTION NO. 78-1
WHEREAS, the Board of Supervisors of the• Rockridge
Street Lighting District from time to time has excess funds;
and
WHEREAS, good business practice directs that these
excess funds be invested in time deposits in qualified banks
or interest bearing securities guaranteed by the United States
Government;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF
SUPERVISORS OF THE ROCKRIDGE STREET LIGHTING DISTRICT, that
Willard W. Siebert, Jr.., Chairman and/or Jeffrey K. Barton,
Finance Officer, acting as his deputy, is authorized to make
deposits and withdrawals, to purchase and sell time deposits.
and U.S. Government Securities for the Board of Supervisors,
Rockridge Street Lighting District.
Said Resolution shall become effective as of the
19th of April , 1978.
BOARD OF SUPERVISORS
ROCKRIDGE STREET LIGHTING DISTRICT
By:
W SIEBERT,
Chairman
Attest:
FREDA WR HT
Clerk of Courts
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THE BOARD OF COUNTY COMMISSIONERS RECONVENED AT 8:54 O'CLOCK
A.M. WITH THE SAME MEMBERS PRESENT.
CHAIRMAN WODTKE DISCUSSED WITH THE BOARD POSSIBLE LOCATIONS
WHICH COULD BE USED FOR A POLLING PLACE TO REPLACE WINTER BEACH SCHOOL
BECAUSE OF THE PROBLEM OF INSTALLING A RAMP FOR THE HANDICAPPED AT THE
SCHOOL.
THE USE OF CHURCHES IN THIS VICINITY WAS SUGGESTED AS ONE
POSSIBILITY.
ADMINISTRATOR .JENNINGS NOTED THAT RAMPS ARE BEING INSTALLED
AT ALL THE OTHER POLLING PLACES, AND THIS IS THE ONLY ONE THAT PRESENTS
A PROBLEM. HE FELT POSSIBLY THE RAMP COULD BE LED TO A DIFFERENT
ENTRANCE ROOM.
CHAIRMAN WODTKE INSTRUCTED COMMISSIONER SIEBERT AND ADMINIS—
TRATOR .JENNINGS TO ACCOMPANY MRS. RICHEY, SUPERVISOR OF ELECTIONS, TO
INSPECT THE WINTER BEACH SCHOOL AND CHURCHES IN THE AREA AND MAKE A
RECOMMENDATION AT THE NEXT MEETING.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY APPROVED OUT—OF—COUNTY TRAVEL FOR CIVIL
DEFENSE DIRECTOR, S. LEE NUZIE, TO ATTEND A HURRICANE EVACUATION WORK—
SHOP IN ORLANDO ON APRIL 27, 1978.
RON RATHBUN, REALTOR, CAME BEFORE THE BOARD REPRESENTING
IDLEWYLD CORPORATION, DEVELOPERS OF CASTAWAY COVE, FORMERLY DUNES OF
DEAUVILLE, AND REQUESTED FINAL APPROVAL OF THIS SUBDIVISION, WHICH
WAS GIVEN TENTATIVE APPROVAL ON AUGUST 10, 1977.
ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS DONE LEGAL
WORK FOR THE IDELWYLD CORPORATION, WHICH COULD CONSTITUTE A CONFLICT
OF INTEREST, AND HE WOULD, THEREFORE, TAKE NO PART IN THE DISCUSSION.
'MR. RATHBUN INFORMED THE BOARD THAT SUFFICIENT CASH HAS BEEN
` DEPOSITED WITH A LOCAL BANK TO INSURE COMPLETION OF ALL IMPROVEMENTS,
AS SET OUT IN THE PERFORMANCE BOND. -HE CONTINUED THAT THIS FIRST
PHASE OF THEIR PROJECT CONTAINS 54 LOTS AND WILL HAVE CITY SEWERAGE,
CITY WATER, AND PAVED ROADS.
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Booz •34 PAGE
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ADMINISTRATOR JENNINGS CONFIRMED THAT THIS,HAS BEEN APPROVED
BY THE SUBDIVISION REVIEW COMMITTEE AND A CASH BOND HAS BEEN PUT UP
INSURING COMPLETION OF THE ROADS, MOST OF THE OTHER IMPROVEMENTS
HAVING BEEN COMPLETED.
COMMISSIONER SIEBERT ASKED IF THE ADMINISTRATOR IS SATISFIED
WITH THE AMOUNT OF THE CASH BOND, AND ADMINISTRATOR JENNINGS FELT
THAT $160,000 WOULD BE SATISFACTORY.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO ACCEPT THE PERFORMANCE BOND
IN THE AMOUNT OF $160,000, INSURING COMPLETION OF CASTAWAY COVE SUB-
DIVISION.
MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COM-
MISSIONER DEESON, TO GRANT FINAL APPROVAL OF CASTAWAY COVE SUBDIVISION.
CHAIRMAN WODTKE POINTED OUT THAT THE LETTER DATED APRIL 13TH
FROM LLOYD AND ASSOCIATES, ENGINEERS, STATES THAT $41,932.95 HAS BEEN
PAID OUT OF THE CASH BOND FOR WORK THAT HAS BEEN DONE, WHICH LEAVES
A BALANCE OF $118,067.05 IN THE BANK.
COMMISSIONER SIEBERT AND COMMISSIONER DEESON AGREED TO WITH-
DRAW THEIR MOTION AND DISCUSSED RECONSIDERING THE PREVIOUS ACTION BE-
CAUSE THE BOARD AGREED TO ACCEPT A BOND IN THE AMOUNT OF $160,000,
WHICH IS NOT THE CORRECT AMOUNT.
COMMISSIONER LOY NOTED THAT THE ORIGINAL AMOUNT OF $160,000
WAS CONSIDERABLY MORE THAN ACTUALLY NEEDED SO, EVEN WITH THE DEDUCTION,
THERE PROBABLY STILL IS MORE THAN SUFFICIENT TO ASSURE COMPLETION.
ADMINISTRATOR JENNINGS AGREED THAT WITH AN OVERRIDE OF $30,000
AND 15% OF ALL PAYMENTS HELD BACK, THE $118,000 PROBABLY WOULD BE . SUF-
FICIENT, BUT NOTED THAT HE COULD NOT STATE POSITIVELY WHAT THE COST OF
COMPLETION WOULD BE.
THE CHAIRMAN SUGGESTED ACCEPTING THE BOND SUBJECT TO THE
ADMINISTRATOR'S VERIFICATION OF DOLLAR AMOUNTS AND AFTER AN ON-SITE
INSPECTION,
ADMINISTRATOR JENNINGS NOTED THAT MR. RATHBUN NEEDS TO GET
HIS PLAT ON RECORD BECAUSE HE HAS SOME CLOSINGS AND NEEDS TO GET ON
WITH CONSTRUCTION.
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BOOK -4 ot
,PACE 25—
COMMISSIONER SCHMUCKER POINTED OUT THAT THE $160,000 PERFORM-
ANCE BOND CALLS FOR APPROVAL BY THE ADMINISTRATOR OF ANY RELEASES.
DISCUSSION CONTINUED, AND THE ADMINISTRATOR STATED THAT
RATHER THAN APPROVE THE AMOUNT ALREADY WITHDRAWN, HE FELT THE PERFORM-
ANCE BOND SHOULD BE CHANGED TO SHOW THE ACTUAL AMOUNT NOW NEEDED, PLUS
THE $30,000 OVERRIDE.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LOY, THE BOARD.UNANIMOUSLY RESCINDED THEIR PREVIOUS ACTION IN REGARD
TO ACCEPTING THE $160,000 BOND.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AGREED TO ACCEPT A PERFORMANCE BOND FROM
THE IDLEWYLD CORPORATION, INC., IN THE AMOUNT OF $118,067.05, SUBJECT
TO'VERIFICATION BY THE ADMINISTRATOR THAT THIS CONSTITUTES SUFFICIENT
FUNDS TO COMPLETE THE WORK.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL TO CASTAWAY
COVE SUBDIVISION SUBJECT TO ISSUANCE OF THE CORRECTED PERFORMANCE BOND.
CORRECTED PERFORMANCE BOND AND CERTIFICATION FROM LLOYD AND
ASSOCIATES ARE HEREBY MADE A PART OF THE MINUTES.
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APR
19 1978 "
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PERI+ ORMANCE BOND
,KNOW ALL MEN BY THESE PRESENTS, That THE IDLEWYLD
CORPORATION, INC., a Florida corporation, called the Principal,
is held and firmly bound unto INDIAN RIVER COUNTY, a political
subdivision of the State of Florida in the sum of One Hundred
Eighteen Thousand Sixty Seven Dollars and Five Cents ($118,067.05)
for the.payment of which sum, well and truly to be made, it binds
itself, its successors and assigns, jointly and severally, firmly
by these presents..'
• WHEREAS, the Principal has submitted to the 'Board of County
Commissioners of Indian River County, Florida, for approval, a
pkat of a subdivision known as CASTAWAY COVE, to be recorded,
as provided by.law; and
WHEREAS, the Principal has elected in lieu of the completion
and installation of all of the improvements shown upon the
tentative plat or required pursuant to the Subdivision Regulations
to post this Bond and in lieu of its execution by a surety company
THE IDLEWYLD CORPORATION, INC. hereby agrees to deposit the fore -
Escrow Agent
going sum, in cash, with THE BEACH BANK, as TxxDscKex, which bank
is located ,i.n Vero Beach, Indian River County, Florida, and in
reliance -%thereupon said .Board has approved said plat conditioned
upon the posting of the cash bond; and
WHEREAS, said Board has agreed that the amount of said Bond
and.deposit shall be reduced from time to time as the work
required to be performed progresses in such amounts as the
County Administrator certifies represents the estimated value
of work performed, based upon the quality.and unit cost figures
as shall be certified by Lloyd & Associates, licensed Engineers
of Indian River County, Florida. Said Engineering Firm shall
provide the County Administrator with certificates of completion
-and the County Administrator, upon receipt of said certificate:.,
shall promptly, in writing, authorize THE BEACIi BANK to release
the certified portion of the monies escrowed with THE Ai,ACiI
BANK, less fifteen percent (15%). At all times the escrowed
funds shall be underrthe control of the County Administrator
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,and although interest shall accrue to the benefit of THE
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`IDLEWYLD CORPORATION, INC., no money shall be written out of
` t' ,the'escrow account without. the written approval of the County.
Administrator.. -
NOW, -THEREFORE, the condition of this obligation is
.such, that if the Principal shall construct all streets,,
rights of way, culverts, drainage facilities and all of the
-.improvements as shown upon the tentative plat and as required
by the Subdivision Regulations of Indian River County, Florida,
in the manner required within one year -after the approval of
the final plat and in -the event they are not so completed within
° that time, the County shall proceed with the work and hold the
Y.iacipal responsible for the costs thereof or when the County'
Administrator certifies to THE BEACH BANK of .VERO BEAgH that
all of•the improvements have been constructed on the land the
balance -of the deposit shall be returned by THE BEACH BANK
to THE IDLEWYLD CORPORATION, INCr, then in that event this
Bond and obligation created therein shall be null and void,
otherwise to remain in full force and effect.
SIGNED, SEALED AND DATED, this Zjb day of April
1978.
THE.IDLEWYLD CORPORATION, INC.
By
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(Corporate Seal) '
R E C E I P T
The.undersigned hereby acknowledges receipt from THE
IDLEWYLD CORPORATION, INC. of cash in the sum of
to be held and'paid out in accordance with the terms of the
foregoing Bond. The parties understand that THE BEACIi BANK
~ shall incur no liability for acting as Escrow Agent in this
matter on behalf of Indian River County, Florida, and THE
IDLE11YLD CORPORATION, INC. shall indemnify the Escrow Agent
in the event litigation accrues over disposition of the
escrow funds. .
This 12th day of April , 1978.
APR 1-9 19,7A
THE 13EACII BANK
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BOOK '3 PQ 25
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- ENGINEERS AND SURVEYORS ROBERT F. LLOYD
REPORTS REDRITERED DIVR- ENGINEER 3638
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DESIGNS , , REGMTERED LAND BURVEYOR 944
IBUPERVISION
APPRAISALS IiOA) $62.4112
OONSULTATIDNS - - 1835 MOTH STREET 3
VERO BEACH. FLURIDA
a 92960
April 19, 1978
Jack Jennings, County Administrator
Indian River County Courthouse
Vero Beach, Florida 32960
RE: Castaway Cove Subdivision
Year Mr. Jennings:
In regard to the attached letter which was submitted to the Indian River County
Board of Commissioners on April 19, 1978, thils is to certify that the balance
of improvement work on Castaway Cove Subdivision can be completed within .'
tom,
to you as requested by the Board of Commi a
LLOYD
AND AssociATEs
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meeting. o
ss�ners, at the April 19, ;1978
It is understood that certifying of this amount is necessary in order that the
Castaway Cove Subdivision plat may be placed on record.,,1
Yours very truly,
f4
LLOYD AND ASSO ATES
By:
Robert F. Lloyd, P. E.
RFL/ba _ f
enc.
- ENGINEERS AND SURVEYORS ROBERT F. LLOYD
REPORTS REDRITERED DIVR- ENGINEER 3638
-
DESIGNS , , REGMTERED LAND BURVEYOR 944
IBUPERVISION
APPRAISALS IiOA) $62.4112
OONSULTATIDNS - - 1835 MOTH STREET 3
VERO BEACH. FLURIDA
a 92960
April 19, 1978
Jack Jennings, County Administrator
Indian River County Courthouse
Vero Beach, Florida 32960
RE: Castaway Cove Subdivision
Year Mr. Jennings:
In regard to the attached letter which was submitted to the Indian River County
Board of Commissioners on April 19, 1978, thils is to certify that the balance
of improvement work on Castaway Cove Subdivision can be completed within .'
the cash bond amount of $118, 067.05. This certification is being submitted
to you as requested by the Board of Commi a
meeting. o
ss�ners, at the April 19, ;1978
It is understood that certifying of this amount is necessary in order that the
Castaway Cove Subdivision plat may be placed on record.,,1
Yours very truly,
f4
LLOYD AND ASSO ATES
By:
Robert F. Lloyd, P. E.
RFL/ba _ f
enc.
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ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LOT, THE BOARD UNANIMOUSLY APPROVED OUT—OF—COUNTY TRAVEL FOR ASSISTANT
COUNTY PLANNER, ROBERT BERG, TO ATTEND THE 19TH ANNUAL PLANNING AND
ZONING CONFERENCE AT TAMPA MAY 17-19, 1978,
THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK
READ THE FOLLOWING*NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
In the matter
In the Court, was pub -
lashed in said newspaper in the issues of—�/%/%1 % �T �1 LO
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
f ��C��" '��QQ
Swom to and subscribed before me this day of ✓�� A.D.1 3772
us ess Manager)
i
(seAu (Clerk of the Circuit Court, Indiali0ler County, Florida)
• NOTICE
NOTICE IS HEREBY GIVEN that the Board
of County Commissioners of Indian River
County, Florida, will receive bids to the hour of
9:30 A.M. Wednesday, April 19, 1978, for the
following:
One (1) new latest model
Soil Stabilizer Machine
Specifications, instructions to bidders and
bidding blanks are available at the Office of
the County Administrator, Room 115, County
Court House, or will be mailed upon request.
The Board of County Commissioners
reserves the right to reject any or qll of the.
bids and make awards in any manner which
the Board considers to be in the best interest of
Indian River County, Florida.
Bids for the above item shall be submitted in
an envelope securely sealed and marked on the
outside to show the item being bid on and the
date and time of the opening. The bids may be
mailed or delivered to the Office of the County
Administrator, Room 115, County Court House,
Vero Beach, Florida, 32960. Proposals
received after 9:30 A.M. April 19, 1978, will be
returned unopened.
Indian River County, Florida
Board of County Commissioners
By: William C. WodlkeJr.,
Chairman
Mar. 22, 26,1978.
THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE
WITH THE NOTICE AND.THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND
READ:
APR 191978
14
BOOK 34 PAcF 259
Ml
M. D. MOODY $ SONS, TAMPA
�jEX SOIL STABILIZER $36,940.
VPTIONAL — QUICK CHANGE LINES 797, $37,737.00.
W. W. WILLIAM CO., JACKSONVILLE
'KOEHRING—BOMAG SOIL STABILIZER
$82,140.00
ON MOTION BY COMMISSIONER DEESON,
SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED
TO THE ADMINISTRATOR FOR EVALUATION.
THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK
READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT:
• I
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
' .•. s�
NOTICE
NOTICE IS HEREBY GIVEN thatthe Board
of "County Commissioners of Indian River
COUNTY OF INDIAN RIVER:
County, Florida, will receive bids to the hour of
STATE OF FLORIDA
9:30 A.M. Wednesday, April 19, 1978, for the
Before the undersigned authority personally appeared J. J. Schumann, Jr, who orPoath
following:
Item No. 1: One (1) new latest model Air
says that ha is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
Curtain Destructor
Item No. 2: one (1) Combustion Chamber
Specifications, instructions to bidders and
bidding blanks are available at the Office of
the County Administrator, Room 115, County
a
Court House, or will be mailed upon r eques'.
The Board of County Commissioners
_
In the matter of
reserves the right to reject any or all of the
bids and make awards in any manner which
the Board considers to be in the best interest of
Indian River County, Florida.
Bids for the above item shall be submitted in
an envelope securely seated and marked on the
outside to show the item being bid on and the
date and time of the opening. The bids may be
In the Court, was pub-
mailed or delivered to the Office of the County
Administrator, Room 115, County Court House,
Zgy,,�Z 13772
Vero Beach, Florida, 32960. Proposals
received after 9:30 A.M. April 19, 1978, will be
Iished in said newspaper in the issues of
returned unopened.
Indian River County, Florida
Board of County Commissioners
By: William C. WodtkeJr..
Chairman
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Mar. 22, 26,1978.
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-
I
tisement for publication in the said newspaper.
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Sworn before this
to and subscribed me
(B mess Manager)
I
(Clerk of the Circuit Court, In a River County, Florida)
tSEAI)
THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE
WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND
READ:
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APR i giJ i -
Boa4 pur
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W. A.. KUTRIEB, INC., .JANESVILLE, WISCONSIN
AIR CURTAIN DESTRUCTOR $ 9,475.00
COMBUSTION CHAMBER 20,480.00
FREIGHT 1,885.00 $31,840.00
DRIALL, INC., ATTICA, INDIANA
AIR CURTAIN DESTRUCTOR $10,932.00
• COMBUSTION CHAMBER NO PRICE $10,932.00
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED TO
THE ADMINISTRATOR FOR EVALUATION.
THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK
READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT:
VERO BEACH PRESS -JOURNAL .
Published Weekly
•
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
in the
lisped in said newspaper in the issues of
Court was pub -
Affiant further says that the said Vero Beach
that themal Is said newspapernewspaper
published
at
Vero Beach, in said Indian River County, Y Florida, week) and has been entered
re
been continuously published in said Indian River County, Florida
as second class mail matter at the post office in Vero Beach, in said Indian River County,
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 newspaperr..�% a 7 p
Sworn to and subscribed before me this A d ofT� A. D. // / O
(SEAQ
s,_
(Clerk of the Circuit Court, Indian Ri County, Florida)
0V.
NOTICE OF SALE
OF REAL ESTATE
Pursuant to Florida Statute 125.35, the Board
of County Commissioners of Indian River
County, Florida, will accept written bids to the
hour of 9:30 o'clock A.M. Wednesday, April 19,
1978, for the cash purchase of the following
described Comfy properties:
E. 82.11 ft. of N. 100 H. of S. 135 ft. of E. 10.46
A. of W. 20.46 A. of Tract 4 located in Indian
River Farms Company Subdivision, described
on the tax roll as 14-33.39.00001-0040.00004.0 and
Shown in Record Book 167 P. 470
. S. 14.3 ft. of N.175 If. of E.149.75 ". of W. % of
Lot 6. Block 2, Bullington Subdivision, PBS 2-5
described on the tax roll as 01-33-39-27.0020-
004.6
Lot 14 — Block 171 — Lakewood Park, Unit
12A, St. Lucie County, described on the tax roll
as 1301.615.407S•000.1
Lot 18 — Block 171 — Lakewood Park, Unit
12A, St. Lucie County, described on the tax roil
a51301-61"79-000.9
Lot 19 — Block 171 — Lakewood Park, Unit
12A, St. Lucie County, described an the tax roll
at 1301-615-0080400.9
Lot 20 — Block 171 — Lakewood Park, Unit
12A, St. Lucie County, described on the tax roil
.at 1301.615.0081.000.6
Lot 6 and So. % of Lot 3, Stock 3. Joel
Knight's Addition to Vero Beach, PBS 3-13,
described on the tax roll as 01-33.39.44-0030-
006.8
The Board of County Commissioners reserve
the right to resect any or all of the bids and
make awards in any manner which the Board
considers to be in the best interest of Indian
River County, Florida.
All bids shall be for a cash purchase, in
writing by legal description as listed above and
shall include a check payable to Indian River
County for ten percent (10 percent) of the bid
price with the balance due five (5) days alter
acceptance, submitted in an envelope securely
sealed and marked on the outside "SEALED
BID FOR COUNTY LAND—APRIL 19,1978 at
9:30 O'CLOCK A.M." The bid may be mailed
or delivered to the office of the County Ad-
ministrator. Room 115, County Courthouse,
Vero Beach, Florida 32940. Proposals received
after 9:30 o'clock A.M. April 19, 1918, will be
returned unopened.
Board of County Commissioners
Indian River County, Florida
William C. Wodtke Jr., Chairman
Apr. 2,9, W78.
ALFRED SCATTERGOOD,
II S. 14.5' OF N. 175' of E.
149.75' of W. 1/2 of LOT 6,
BLK, 2, BULLINGTON SUBDV. $1,025.00
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED
TO THE INTERGOVERNMENTAL COORDINATOR AND THE ATTORNEY FOR EVALUATION.
17
THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN
ACCORDANCE
WITH THE NOTICE AND
THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND
READ:
BIDDER
DESCRIPTION
AMOUNT
..TAMES C. STANLEY
LOT 6 & S 1/2 LOT 3, BLK. 3,
JOEL KNIGHT'S ADDITION
$6,505.00
MR. & MRS. R. J.
TREMBLAY
LOT 18, BLK. 171, LAKEWOOD
PARK, ST. LUCIE CO.
$4,000.00
TAX DEEDS LTD, OF
FT. PIERCE (LINDA
LOT 14, BLK. 171, LAKEWOOD
VAN NATTA)
PARK, ST. LUCIE CO.
$3,300.00
CLEMENT & DORIS
SMITH
LOTS 18, 19 AND 20, BLK, 171,
LAKEWOOD PARK, ST. LUCIE CO.
$9,000.00
ROGER HAUSLER
LOT 20, BLK, 171, LAKEWOOD
PARK, ST. LUCIE CO.
$3,000.00
INDIAN RIVER DEVEL-
OPERS, INC., W.B.
LOTS 18, 19 AND 20, BLK, 1711
MACWHIRTER
LAKEWOOD PARK, ST. LUCIE CO.
$6,100.00
LOT 6 & S 1/2 LOT 3, BLK. 3,
.JOEL KNIGHT'S ADDITION
$5,100.00
NETTO CONSTRUCTION
E. 82.11' OF N. 100' OF S. 135'
Co.
OF W. 10.46 A. of W. 20.46 A. OF
TRACT 4, INDIAN RIVER FARMS CO.
SUBDIVISION
$ 800.00
LOT 14, BLK, 171, LAKEWOOD
PARK, ST. LUCIE CO.
$2,250.00
LOTS 18, 19 AND 20, BLK. 171,
LAKEWOOD PARK, ST. LUCIE CO.
$2,800.00 EA.
LOT 6 & S'1/2 LOT 3, BLK. 3,
.JOEL KNIGHT'S ADDITION
$10,000.00
EDWARD & ANN DIXON
LOTS 18, 19 AND 20, BLK. 171,
LAKEWOOD PARK, ST. LUCIE CO.
$3,600.00
ROBERT VAN NATTA
LOT 19, BLK. 171, LAKEWOOD
PARK, ST. LUCIE CO.
$4,000.00
VIRGIL VAN NATTA
LOT 20, BLK. 171, LAKEWOOD
PARK, ST. LUCIE CO.
$4,000.00
ALFRED SCATTERGOOD,
II S. 14.5' OF N. 175' of E.
149.75' of W. 1/2 of LOT 6,
BLK, 2, BULLINGTON SUBDV. $1,025.00
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED
TO THE INTERGOVERNMENTAL COORDINATOR AND THE ATTORNEY FOR EVALUATION.
17
.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 78-30.
i
RESOLUTION NO. 78x30
WHEREAS, the Board of County Commissioners of Indian
River County from time to time has excess funds; and
WHEREAS, Section 2.8.33 Florida Statutes, authorizes
the Clerk of the Circuit Court to invest such.funds;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,. FLORIDA, that FREDA
WRIGHT, Clerk of Circuit Court, and/or JEFFERY K. BARTON,
Finance Officer, acting as her deputy,.is authorized to
deposit excess funds in savings accounts of approved de-
positories and to purchase time deposits and U.S. Govern-
ment Securities for the Board of County Commissioners,
Indian River County.
i
Said Resolution shall become effective as of the 19th
day of April, 1978.
BOARD OF COUNTY. COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By
i yam Wo t e, Jr.,
Chairman
` ATTEST:
Clerk
APR 191978 '
Li
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAS CON—
TACTED CONSULTANTS IN REGARD TO REVISION OF DRAINAGE PLANS FOR BARBER
AVENUE. HE STATED THAT THIS CAN BE DONE WITHOUT BIDDING, ACCORDING
TO STATE LAW, WHEN IT IS UNDER $5,000, AND HE HAS RECEIVED A PROPOSAL
FROM MID SOUTH ENGINEERING COMPANY TO DO THIS WORK FOR AN AMOUNT NOT
TO EXCEED $4,950.00. THE ADMINISTRATOR NOTED THAT THEY HAVE THE MYLARS
AND HE HAS MADE ARRANGEMENTS WITH A LOCAL SURVEYOR TO PICK UP'THE LEVELS
THAT DRAIN IN AND GIVE THE INFORMATION TO MID SOUTH, WHO WILL REVISE
THE MYLARS ACCORDINGLY.
CHAIRMAN WODTKE POINTED OUT THAT WE NOW HAVE TO DO ALL THE
ENGINEERING, ACQUISITION OF RIGHT—OF—WAYS, ETC., ON THE SECONDARY ROADS,
AND HE SUGGESTED THAT AUTHORITY BE GRANTED TO THE ADMINISTRATOR TO
HANDLE THIS WITHIN THE LEGAL LIMITS IN ORDER TO SIMPLIFY MATTERS AND
AVOID LOSS OF TIME.
ATTORNEY COLLINS FELT SOMETHING LIKE THIS COULD BE WORKED OUT a
AND AGREED THAT THEY HAVE RUN ACROSS PROBLEMS THAT REQUIRE THE EXPERTISE
OF DIFFERENT TYPES OF ENGINEERS.
ADMINISTRATOR JENNINGS PRESENTED THE BOARD WITH COPIES OF
THE PROPOSAL RECEIVED FROM MID SOUTH ENGINEERING COMPANY. HE POINTED OUT
THAT IF IT WERE A LARGER PROJECT, WE WOULD HAVE TO ADVERTISE FOR LETTERS
OF INTEREST AND INTERVIEW AND SELECT CONSULTANTS, BUT SINCE IT IS
UNDER $5,000, WE MAY PROCEED IN THIS MANNER.
COMMISSIONER LOY FELT THAT THE ADMINISTRATOR SHOULD BE AUTHOR—
IZED TO MOVE ON PARTICULAR PROJECTS AS HE FEELS IS BEST ADVISED AND
THAT THE CHAIRMAN AND THE ADMINISTRATOR SHOULD BE AUTHORIZED TO PROCURE
EMERGENCY ENGINEERING SERVICES UP TO $1,000 OR EVEN UP TO JUST BELOW
THE STATE REQUIREMENTS FOR BIDDING.
THE CHAIRMAN POINTED OUT THAT WE MIGHT NEED SERVICES OTHER
THAN JUST ENGINEERING SERVICES.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN WITH THE CONCURRENCE
` 19'
APR 19 1978
Y
1
OF THE ADMINISTRATOR TO HIRE PROFESSIONAL CONSULTANTS ON EMERGENCY
MATTERS FOR AMOUNTS NOT TO EXCEED '$4,500.00.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY ACCEPTED THE PROPOSAL OF MID SOUTH
ENGINEERING COMPANY, DATED APRIL 12, 1978, FOR SERVICES UP TO THE
AMOUNT OF $4,950.00 FOR REVISION OF DRAINAGE PIANS FOR BARBER AVENUE
AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN.
20
O
X
Boa 34 i
BOOK 34 FAa2S"r6
I
A
MID SOUTH ENGINEERING COMPANY
233 COMMERCIAL BOULEVARD
LAUD[ RDAL a -BY -T141 -SEA
F*Kr LAUDERDAuL FLORIDA as30e
3051771-16e1
April 12, 1978
Mr. Jack Jennings
County Administrator
t
Indian River County
County Court House
Vero Beach, Florida
Re: State Project 88511-3601
Barber Avenue
Proposal Plans Revision
Dear Mr. Jennings:
We are pleased to submit the following proposal for
professional engineering services concerning the revisions
to the plans for Barber Avenue.
Kid South Engineering Company, hereinafter referred
to as "The Engineer" proposes to furnish the required
professional engineering services of the scope outlined
below for the fees stipulated herein.
Scope of Work*
The Engineer will perform the following:
1. Revise the original completed plans primarily
to provide drainage revisions as requested by the county.
2. Obtain permits as necessary for the future con-
structiou of the project.
.3. Attend meetings with county personnel, as requested,
to obtain approvals of property owners and/or permitting
agencies.
Items To Be Furnished By Owner (County)
1. Field Survey to obtain updated topography and cross
sections primarily as related to citrus groves bordering
the project.
BOOK 34 FAa2S"r6
I
A
11
4i
Mr. Jack Jennings
Page 2
April 12, 1978
2. The.original Milar plans that are to be revised by
the Engineer.
a Time of Performance
:F The Engineer when furnished the field survey will complete
the plans revision as expeditiously as possible - to afford
early decisions for property appraisals by others.
Fees 'To Be 'Paid .
The Engineer will be reimbursed on an hourly basis, based
on the attached schedule of hourly rates herein attached with
' the understanding that the total effort will not exceed
$4,950.00. Payments will be made monthly for services rendered
upon being invoiced by the Engineer and within fifteen (15)
e�
days from the date of the invoice.
Acceptance
Acceptance of this proposal will be indicated'by the
signature of an authorized county officer in the space provided
below. One signed copy of this proposal will be returned to 4
the Engineer and will serve as an agreement between the two
parties.
i cerely,
ID OUT N IN R G COMPANY
Arnold Ramos, P.E.
President
Becepte Cwt
Date:
.f
4
APR 191978. .
LI
i
April 12, 1978
Rate Schedule
k
Mid South Engineering
Company
3
Personnel Classification
Hourly Fees
y
e • • • •
• • e e
a • e $45.00Principale
Structural Engineer .
. . .
e . $35.00
s
}
Traffic Engineer and
Planner . . •
e : $35.00
Highway Engineer . .
. .•
• $30.00
.
Drainage Engineer . .
. . . . . . .
. . . $30.00
Field Engineer . . .
. . . . . . •
. . . . . $25.00
Designer . . . . . .
.. .. .
. • . $20.00 '
Permit Engineer . . .
. . . . .
• .. . $20.00
Draftsman . . . . .
. . . . . .:.
. .. $18.00
Clerical . . . . .
. . . • . .
. . . . $12.00
.
y
j
r
L
• t
q ,
APR4
1 91978
Boot PAGE
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY APPROVED THE STANDARD AGREEMENT WITH THE
DIVISION OF LIBRARY SERVICES AND AUTHORIZED THE SIGNATURE OF THE
CHAIRMAN.
APR 19 1978
9.1
y
: coax 34 pAtE269
0
FLORIDA STATE PLAN
STATE-WIDE LIBRARY PROGRAM GRANT
AGREEMENT BETWEEN
DEPARTMENT OF STATE, STATE OF FLORIDA
DIVISION OF LIBRARY SERVICES
AND THE
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
This Agreement, made this 19th day of April 1978 ,
between the Division of Library Services, Department of State,•State
of Florida, hereinafter called the DIVISION, and the Board of County
Commissioners of Indian River County, Florida , hereinafter called
the COUNTY , for and on behalf of the Indian River County
Public Library , hereinafter called the LIBRARY.
W I T N E S S E T H
WHEREAS, the DIVISION, as administrator of Federal funds provided
a
through the Library Services and Construction Act, Public Law 95-123,
I
under the plan of operation approved by the U.S. Commissioner of
Education, is desirous of extending LIBRARY SERVICE TO THE
AGING and,
WHEREAS, the DIVISION and the COUNTY mutually pledge co-
operation for the implementation and administration of such a library
service program;
NOW, THEREFORE, the parties hereto agree as follows:
1. The COUNTY agrees to:
a. Administer all funds allocated to it by the DIVISION to
i
carry out library service to the 1
aging
b. Repay to the DIVISION any and all funds not thus expended. 3
C. Make such written reports as the DIVISION may require,
including a narrative report showing the progress of the
program and written reports of expenditures, and to pro-
vide an audit report by a certified public accountant,
unless audited by the Auditor General.
d. Review, at the close of the grant period, the program and
• 's
progress made toward its implementation.
3pw 27 '
S
e. Provide verification that the LIBRARY will comply with
Title VI of the.Civil Rights Act of 1964.
2. The DIVISION agrees to:
a. Furnish funds in accordance with the terms of the program
in the amount of ---------------'-------------Fourteen
Thousand Dollars ($14,000)----------------- for the period
April 1, 1978 through March 31, 1979 in
consideration for the LIBRARY's performance hereinunder,
which amount will be paid semi-annually contingent upon
funding by the Department of Health, Education and Welfare,
Office of Education.
b. Furnish supervision, counsel and assistance toward the
objective of providing library service in this area.
3. This contract shall be in effect during the period April 1,
1978 through March 31, 1979
WITNESSETH:
I . "I
As To: Direc o , Divis' n of D' ector, Division of Library
Libr Services, Services, Department of State,
Department of State, State of Florida
State of Florida
try
6XVTO: Dire to , Divi 'on of
Library Services,
Department of State,
State of Florida
A To: Chairman, Mard of County
Commissioners of Indian
• River County, Florida
WS T : Chairman, Board of County
Commissioners of Indian
River County, Florida
Q
r'APProved as to Form and Content" "
Chairman, Board of Cou y
Commissioners of Indian
River County, Florida
0
go
ASSISTANT ADMINISTRATOR NELSON REPORTED THAT THEY HAVE RE—
VIEWED THE FIRE PREVENTION CODE AND FEEL THE PROPOSED ORDINANCE IS A
.GOOD ONE, BUT WOULD LIKE THE ATTORNEY TO CLARIFY SOME OF THE WORDING.
ATTORNEY COLLINS SUGGESTED THAT THE BOARD MIGHT WISH TO REFER
THIS TO THE VARIOUS RELATED COUNTY AGENCIES BEFORE TAKING ACTION ON IT.
THE BOARD AGREED.
COMMISSIONER SCHMUCKER NOTED THAT HE HAD PREVIOUSLY RAISED
QUESTIONS ABOUT THE AFFECT THIS WILL HAVE ON EXISTING STRUCTURES.
DISCUSSION FOLLOWED, AND IT WAS NOTED THAT SECTION 2 (B) OF THE PRO—
POSED ORDINANCE STATES THAT SUCH SITUATIONS SHALL BE REMEDIED AS
SPECIFIED BY THE COUNTY ADMINISTRATOR.
AFTER FURTHER DISCUSSION, THE CHAIRMAN INSTRUCTED THE ATTORNEY
TO CLARIFY THE WORDING AS REQUESTED BY THE ADMINISTRATOR`S OFFICE. THIS
MATTER THEN WILL BE TAKEN UP AT THE NEXT REGULAR MEETING AND REPRESEN—
TATIVES FROM THE VARIOUS FIRE GROUPS IN THE COUNTY INVITED TO ATTEND.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE AND ENGINEER
BEINDORF MET WITH CITY MANAGER LITTLE IN REGARD TO INJECTION OF SEWAGE
FROM THE GIFFORD AREA INTO THE CITY FLOW SYSTEM AT LIFT STATION #1.
HE STATED THAT MR. LITTLE FAVORED THIS IDEA, BUT ADVISED THEM THAT
FURTHER ENGINEERING STUDIES WOULD BE NECESSARY TO DETERMINE WHETHER
THE CITY SYSTEM CAN HANDLE IT AT THIS POINT. A LETTER HAS BEEN RE—
CEIVED FROM CITY ENGINEER LLOYD SETTING OUT THE COST FOR DEVELOPING
THIS INFORMATION AS FOLLOWS:
27
P 19
��� BOOK P34 Tw272
I
0
t
LLOYD AND ASSOCIATES
FNBINEER13 AND SURVEYORS
ROBERT F. LLOYD
•
REDG3TERED CIVIL ENGINEER 3838
REPORTS
DESIGNS
REGISTERED LAND SURVEYOR 944
SUPERVISION
13051 562-4112
APPRAISALS
t B 3 S 2 0 T H STREET
CONSULTATIONS
VERO BEACH, FLORIDA
32960
April 5, 1948
Jack Jennings, County Administrator �- j U
Indian Rawer County Courthouse c1 to 1g.
,
Vero Beach, Florida 32960
Dear Mr. Jennings: .mss' c l lte�c
At the last meeting, we were requested to submit a proposal for what
effect the addition of sewage from the Gifford area would have, if it
were injected into the force main at lift station # 1 in the flow system
of the City of Vero Beach. We have analyzed the data at hand and find
that to develop this information, would be $4, 300. We are including
in this analysis a system curve, so that if this connection becomes a
reality, you will have the necessary information to design your pump,
such that it will not cavitate or overload the motor on either end of the
pump curve.
If you wish us to proceed with this, please advise. Time frame for this
work is approximately three (3) weeks from your notice to proceed.
Yours very truly,
LLOYD AND ASSO HAT V&_
B
Robert F. Lloyd, P. E.
THE ADMINISTRATOR STATED THAT HE DID NOT FEEL WE HAVE MUCH
CHOICE IN THIS MATTER. HE EXPLAINED THAT WHAT WE ARE TRYING TO DO IS
BRING THIS SEWAGE WITHOUT A HOLDING TANK DIRECTLY INTO THE CITY SYSTEM,
AND BEFORE THE CITY CAN ACCEPT IT, THEY MUST DETERMINE THAT THEIR
SYSTEM CAN HANDLE IT WITHOUT GREAT ADDITIONAL EXPENDITURES. THE LOCA-
TION UNDER CONSIDERATION IS THE CLOSEST POINT TO GIFFORD.
CHAIRMAN WODTKE-ASKED IF THE ADMINISTRATOR FELT IT WILL BE
ACCEPTABLE AT THAT POINT, AND THE ADMINISTRATOR STATED THAT THERE ARE
INDICATIONS TO THAT AFFECT.
THE CHAIRMAN AGREED THAT WE DO NOT HAVE MUCH CHOICE AND FELT
THAT A CONTRACT SHOULD BE DRAWN UP AND A DEADLINE SET.
28
B�II�t '34
�r
B�II�t '34
�r
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO DRAW UP A CONTRACT
WITH LLOYD AND ASSOCIATES IN THE AMOUNT OF $4,300 TO DECIDE WHERE THE
JIFF SEWAGE CAN BE PUT INTO THE CITY FLOW SYSTEM; PLANS TO BE DE-
LIVERED WITHIN THREE WEEKS OF SIGNING OF THE CONTRACT.
ADMINISTRATOR JENNINGS REPORTED TO THE BOARD ON THE PROGRESS
MADE ON THE FLOOD INSURANCE CONTOUR SURVEY. HE NOTED THAT WE -HAVE A
JUNE DEADLINE, AND IF WE DO NOT GET THE INFORMATION IN BEFORE THIS
DEADLINE, HUD WILL ESTABLISH THE LINES AS PRESENTLY SET OUT ON THE RATE
MAPS, WHICH ARE NOT SATISFACTORY TO US. THE ADMINISTRATOR CONTINUED
THAT ON MARCH 22ND THE BOARD AUTHORIZED HIM TO HAVE SURVEYS AND AERIAL
PHOTOS MADE OF THE SOUTH BEACH AREA NOT TO EXCEED AN AMOUNT OF $5,000.00.
SINCE THEN KUCERA & ASSOCIATES HAVE REVIEWED THEIR PREVIOUS ESTIMATE
AND HAVE COME UP WITH A FIGURE OF $12,000 FOR SUCH A FLIGHT. THE
ADMINISTRATOR CONTINUED THAT BECAUSE OF THIS, HE DECIDED TO TRY TO
LOCATE MYLARS OF THE OLD AERIALS. PROPERTY APPRAISER LAW DID NOT WISH
TO HAVE THE CONTOUR LINES ADDED TO HIS AERIALS AS HE FELT IT MIGHT BE
b
DETRIMENTAL. TO FUTURE REFERENCE, BUT THE ADMINISTRATOR STATED THAT HE
FORTUNATELY WAS ABLE TO LOCATE MYLARS OF THIS PARTICULAR AREA IN HIS
OWN FILES, BASED ON THESE MYLARS, HE WORKED WITH SURVEYOR MUSICK, AND
_ THEY NOW HAVE PREPARED A SET OF MYLARS ON WHICH THEY HAVE PLACED THE
CONTOUR LINES BETWEEN S.R. AIA AND THE OCEAN FROM THE SOUTH CITY LIMITS
TO THE SOUTH COUNTY LINE. THESE LINES ARE TIED INTO GOVERNMENT BENCH
MARKS, AND WE NOW HAVE A REGISTERED SURVEY WITHOUT HAVING TO DO ANY
FLYING.
ADMINISTRATOR .JENNINGS STATED THAT HE WOULD LIKE TO HAVE A
BOARD MEMBER TAKE THE MYLARS TO ATLANTA WITH A WRITTEN REQUEST THAT
THIS AREA BE RE-EVALUATED AND OUR ELEVATIONS ACCEPTED AS A CONTROL FOR
THE FLOOD INSURANCE RATHER THAN THE MAPS SENT TO US BY HUD.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO WRITE A LETTER
TO HUD EXPLAINING THE BOARDS POSITION IN REGARD TO THE FLOOD INSURANCE
RATE MAPS AND AUTHORIZED A COMMISSIONER AND THE ADMINISTRATOR TO HAND
CARRY THE INFORMATION To ATLANTA, IF NECESSARY.
e -
29
BO((
1979 3 m4
App �: - . - .
t
0
L.
0
THE BOARD DISCUSSED OBTAINING THE OLD MYLARS FROM THE PROPERTY
APPRAISER WHEN THE NEW AERIALS ARE RECEIVED.
CHAIRMAN WODTKE ENCOURAGED ALL COMMISSIONERS TO BE AT HOBART
ROAD AND U,$.1 AT 9:45 A.M. SATURDAY TO PARTICIPATE IN THE VOLUNTEER
HAND REACH.
ATTORNEY COLLINS REQUESTED THAT THE BOARD CONSIDER ADDING AN
EMERGENCY ITEM TO TODAY #S AGENDA FOR MR. BEINDORF.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO ADD TO TODAY'S AGENDA THE
EMERGENCY ITEM TO BE PRESENTED BY MR. BEINDORF AS REQUESTED BY ATTORNEY
COLLINS.
MR. BEINDORF INFORMED THE BOARD THAT THIS RELATES TO A
PROJECT KNOWN AS INDIAN RIVER TRAILS, WHICH RECENTLY REQUESTED THAT
THE BOARD CONSIDER ABANDONING A PORTION OF PECAN ROAD SO THAT THEY
MIGHT BUILD A CHAMPIONSHIP GOLF COURSE. MR. BEINDORF NOTED THAT THIS
AREA WAS REZONED ABOUT FOUR YEARS AGO' FOR THIS PURPOSE. HE READ TO
THE BOARD A DRAFT OF A LETTER WHICH THE FLORIDA LAND COMPANY WOULD LIKE
THE CHAIRMAN TO SIGN AND SEND TO THE DEPARTMENT OF NATURAL RESOURCES
IN REGARD TO OBTAINING MINERAL RELEASES FROM THE STATE ON THE INDIAN
RIVER TRAILS PROPERTY. MR. BEINDORF NOTED THAT IF THE BOARD IS WILLING
TO ENDORSE THIS LETTER, IT WOULD SPEED THINGS UP, BUT IF THEY ARE
NOT WILLING TO ENDORSE THIS PARTICULAR LETTER, ANOTHER ONE COULD BE
DRAFTED,
ATTORNEY COLLINS EXPLAINED THAT MURPHY DEEDS ARE A COMMON
PROBLEM IN FLORIDA. IN THE EARLY 20`S MANY PEOPLE LOST THEIR PROPERTIES
BECAUSE THEY COULDN`T PAY THE TAXES. THE STATE SUBSEQUENTLY RESOLD
THESE PROPERTIES, RESERVING ROAD RIGHTS-OF-WAY AND VARIOUS MINERAL
RIGHTS, ETC., AND DOES NOT ORDINARILY RELEASE THESE RIGHTS UNLESS CON-
STRUCTION IS IMMINENT. THEREFORE, INDIAN RIVER TRAILS FEELS IT WOULD BE
HELPFUL IF THE BOARD COULD EXPRESS THEIR SUPPORT OF THIS PROJECT,
CHAIRMAN WODTKE STATED THAT HE DID NOT FEEL THE BOARD CAN
STATE THAT THEY POSITIVELY KNOW THAT THIS PROJECT WILL BE DEVELOPED.
30
BOOK '34 PAGE275
THE BOARD AGREED THAT THEY COULD NOT GO AS FAR AS STATED IN
THE LETTER READ BY MR. BEINDORF, AND COMMISSIONER SIEBERT FELT THAT
ALL WE CAN DO IS DESCRIBE WHAT HAS HAPPENED WITH THE LAND UP TO THIS
POINT.
AFTER FURTHER DISCUSSION, CHAIRMAN W.ODTKE INSTRUCTED MR,
BEINDORF TO REWRITE THE LETTER, AND THE BOARD WILL CONSIDER IT LATER
THIS AFTERNOON.
ATTORNEY COLLINS INFORMED THE BOARD THAT GENE MORRIS, COUNTY
TAX COLLECTOR, HAS REQUESTED THAT RESOLUTIONS BE ADOPTED VOIDING THE
TAXES ON PROPERTIES ACQUIRED BY VARIOUS PUBLIC BODIES FROM THE DATE
OF ACQUISITION THROUGH THE END OF THE YEAR 1977, AS ALLOWED BY FLORIDA
STATUTES, AND HE HAS PREPARED SUCH RESOLUTIONS ACCORDINGLY.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 78 -31 -RE PROPERTY
PURCHASED BY THE BOARD OF COUNTY COMMISSIONERS FOR THE SANITARY LANDFILL.
O
31
Boa 34 fAu276
RES GLUT I ON 78-31
BE IT RESOLVED by the Board of County Commissioners of
Indian River County, Florida, that pursuant to Florida Statute
196.29, the following described property, established in Exhibit
"A", was purchased by Indian River County, Florida, for a land
�I
fill purpose. Effective May 5, 1977, both properties as described
in Exhibit "A", shall have the lien for taxes cancelled and
discharged, so long as said property is used for public purposes.
Chairman
Attest: "J/
Adopted this 19th day of April, 1978.
i
APR 191978
f
Boas 34 PAcE27 4
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(PLEASE TURN OVER) 1"I TAX NOTICE BECOMES A RECEIPT WHEN VALIDATED
BY TAX COLLECTOR
IND RIY FAnMS CC cUP PRC 2 25
NHALEN J2,HrPAFRT E
25-33-38
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14
THE ENCLOSED TAX BILL HAS BEEN MAILED TO THE PERSONIS) LISTED SELOV,
Rinker BECAUSE THE RECORDS IN THE TAX COLLECTOR'S OFFICE INDICATE:
1. A CHANGE OF ADDRESS BY THE OM/NER, OR
THAT THE PROPERTY HAS BEEN PURCHASED BY THE ADDRESSEE.
Whalen
THE ENCLOSED TAX RILL PIAS BEEN MAILED TO THE PERSON(S) I.IST'L•D BELOW
BECAUSE THE RECORDS IN THr TAX COLLECT'OR'S OFFICE INDICA'T'E:.
1. A CHANGE OF AnDRLSS * GY THE OWNER;, OR
X2. THAT IFIL PROPER FY HAS BEEN PURCI Inst D [3Y THIi ACIDF:E>SC:[:.
Indian River Co 1A
APR 191978 - BooK
Indian River Co
' L
J
— 9-94 n r211/7 TAY •Inr
N'IV —41 R=C —3'
rECEIPT
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olr TAXES
LEVIED
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ASSESSEDV LUES iNTv
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(PLEASE TURN OVER) THIS U;607 ICE BECOMES A RECEIPT WHEN VAL 104TEO BY TAX COLLECTOR
25•-33-38
Tr 11 E Trs 12, 13 E 14
lying E of
E/13/i7
.I:-95,r/w
Whalen
THE ENCLOSED TAX RILL PIAS BEEN MAILED TO THE PERSON(S) I.IST'L•D BELOW
BECAUSE THE RECORDS IN THr TAX COLLECT'OR'S OFFICE INDICA'T'E:.
1. A CHANGE OF AnDRLSS * GY THE OWNER;, OR
X2. THAT IFIL PROPER FY HAS BEEN PURCI Inst D [3Y THIi ACIDF:E>SC:[:.
Indian River Co 1A
APR 191978 - BooK
I
a
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 78-32 RE PROPERTY
PURCHASED BY THE CITY OF SEBASTIAN FOR PARK AND RECREATION USES.
t
r
RES OLUT ION 78-32
BE IT RESOLVED by the Board of County Commissioners of
Indian River County, Florida, that pursuant to Florida Statute
196.295, the property purchased by the City of Sebastian, a
1
municipal corporation of the State of Florida, which property
is described in Exhibit "A", attached hereto and made a part of
this Resolution, is hereby declared to have been purchased for
a public purpose, i.e., for park and recreation uses. Effective
March 14, 1977, lien for taxes on the described property are
hereby cancelled and discharged, so long as the property is used
for public purposes.
i
i
Chairman
i
i
Attest:f:
i
i
j
i
f
Adopted this 19th day of April, 1978.
34
i
APR 191976'
34
a
i
i'' f tl
iR H. S 0 Ii_
._._.._ R•-77•.6 .�. ....
In accordance with that certain LKASE / PURCHASE
AGREEMNNT by and bet•.wcrn BANK OF CLFARWA'IER, Clc:arwator, Florlda,
a banking corpor.at:ion oa jani.red uaider. the laws of the. State of
Florida, pot- persanally }.gut .as Trustee lin -ler the pr.ovi.sions of a
certain Trust datod the 25t.h day of Fcbruai.y, .1977,• , s
known as Trust Number X-113, patty of the f cst part, find C.t:TY
OF SEBASTIAN, FLORIDA, a municipal cotpoxation, party of the .
second part;'
BE IT RESOLVED BY THE CITY OF SEBASTIAN, FLORIDA, by and
thiough Its City Council, as follows:
1. The following described real propej=ty located in
Edge%4ater Park Subdivision wi.than the 'corporate limits of t he CITY
• e
OF SEBASTIAN,: is hereby dedicated for public purpo;;c!s during the
term of the above described Lease or any exte!rision thereof, or
upon purchase of said property by the CITY OF SEBASTIAN, .1-o-wit:
Lots •1 to 25, inclusive,* Block 7, Fllc,EWATL:.1
• PARY,,• according ng t.o pl :.a'_- rico r(iod in the Office
of t:he Clerk of t},e Circiai.t Court of Tndi.�n
River County, jn Plat Book 1, page 23,* said
land lying and being in the City of
Indian River County',-.Florida.
2.: The Clerk 'of .the City of Sebastian is hereby auI-horized
and directed to amend the city zoning map to reflect this cicdication.
3: . The 'Clerk of the City. of Seb=astian is further autlorized
f hr�tE•� R:•••rn • a .
directed to furnish certified copies of this Resolution to
the Bank•of Clearwater and to Mr. F. J. Burr.
ATTEST: F. E 5r ne Ca �ayg, J ju•)1'c�r
O uuu/
CQty: Clerk .
A.
The foregoing Res'olaition was duly passed and adopted by
-the City. Council of the City of Sebastian, Florida, this /4 day
of March,* 1977:
_00 . Cxt.l►' C1cI:�
K
APR 19197 �Q�c34;
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 78-33 RE PROP-
ERTY ACQUIRED BY THE TRUSTEES OF THE INTERNAL IMPROVEMENT FUND FOR
PUBLIC PURPOSES.
RES OLUT ION 78-33
BE IT RESOLVED by the Board of County Commissioners of
Indian River County, Florida, that the property described in
Exhibit "A", attached hereto and made a part of this Resolution,
was acquired by Trustees of the Internal Improvement Fund.
Effective July 27, 1977 for the purposes of keeping said property
in its' natural state and for the use of said property for other
public purposes. Effective July 27, 1977, the lien for taxes
shall be cancelled and discharged, so long as same are used
for public purposes.
Pursuant to Florida Statute 196.295.
Chairman
Attest. ,L /�
Adopted this 19th day of April, 1978.
36
j
�O 34 w281 .
i
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JI This QIllt-chllll Dud, 1:%efnfed Ilft% •!.'!til 1I##%. 11( July . 1%. 1). 1477 , by
ICC(as'!'Ni(I C. IMAIA, joimd by 111VAltl) J. IUVIAI ►, Ilor hu(ihalnl,
I (it.f 1111rf\•. for
i1=14) OF 11JUS 11:1•:i M IIJ'11-344A1t it wi :)VL'>` uir 'riv.,m um) or 'I'I11: S'1911'L Or FIDRIDA
11 U-11ffte 11110tfflif r• wlrlrr•at 1. 1illlitllimscr(`r Florida
• 1 a1.1't/11tI ptrttl': •^•'
.NI«1l.... «•.1 In vra d•. Lnx. b.•1 t•nH' m.l •. w.l 11.11." •N-.11 ..«1•ntf •00.01. .100.1 ,duf al Lv.r•, Irval
eJ rep•rnf.41e n, an•t a. .m .d m•Ma 01.1.11•, and Ilw ..n.t«•«a .ra.l a•.am «I nr pm ah.•m, ntrrrr%r. flet t«n1r.t
t n. .11.«11...1 11111.10 • ) •,
���lillf55ft�1, tt•n1 file .4101. In.l 18o11v. 1.4 -for 111 in forni(l.•ntlion ret Ill.. .1101 n( A. 1.0.00
l in Isellift 11#11.1 1.11 Ille %wd •rt 041.1 1mriv. file- w# a 1pt 114lert•o1 1. Itere1.v m I'n00u•Irllyrtl, dos liere1.r rr•nlise. re,
Irene 110.1 t1nf1 11.11001 rrrtl41 11.x• .furl %(-1 1111,1 trill 1v lmervr. nil Ilfe fifltlf, title, inr.•r.•.1. f-I41n11 #trill der/1awl which
fl file. •ai#I fit.1 I•nrf,• tool. in wool In fileIr•Ilnu•in!j de.,( Filled Int. fri.•1.• lir llnttA #.I 14111(1. sifunfe. h•iflff (lad beirl(f
its flet• i•n11111Y ill Indian River ~1411.• nI Florid-] . In u•il:
1 111e VPaSL 2' 1/2 to rl :; r)f IN, fol lcPAIIcl (k` :cribs I I)rop`hy: tr.x(Iin•An•3 at: the
inirmsoction of Hit, Sutlth 1'oiltia ny linf• of lel, 'nymisml) 33 SoLlt.h, R lige
40 1:0:11 L.he 1(l..•: w#tte17 M -11-k of Itl'.ii:tn Itiver; Lhonce .nln ~est on Sout;L
�r
i boundary lin( of said S(-:ct-kin 19, 23.3 chains; Lhenra Lin Idortll ; chains; t -)once
r L1UL I'i1St 21 Ch:11tIS,- 11(11(` ()t' I(`:�f:, to 1(*•1 watf`r" in -irk. of Indian River; Ih:'ncc
j n)za11tWr Said 11A': watt `r ll%irY. in a s!mil-h,•rl.j' (ILYrY:i 1(71'1 -) ('111T11::, tt't7Ce OY le.`ii, t4
t lx)iiit: of tnxlinnind, 0:mitainin(1 11 acres, nr,re hr less, tcxjcU)er with ripj-iari
!I rights.
t
!� SUR71171' t, Lho rirlhl, of wlyr of U .lo po.lcl, as satrl roal it; nr.7a laid Out and
'J estJaiitlishod over all(I across the S(.)uth side Of Ule alx)ve dCscr.i.lx'cl l,rolx:i'L}r.
,I
I«•;C1:I'I'II:G 'I1iJ;Nf:1'1'.ctS: tit(: par(_A coim-yc-d to Archic .1;intth, (-t ux, in Wed hex.:t
33, I,ti(Ic 57O, 1AlI)l.ir t'crarcl:: r)f . ilr_lian River CounLy, f'lorida.
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I To ��tiv and It, Hold Itt1• .rime I. ... Iridt 0011 •10,1 %inrlrffnr IIIc npreirletinrrre. fllcremito
I-11"Illinv lir trf env#1•i.f• 111.1".11 iinuly .trill (ell Ill# 1.1.111. tnrttl, !Illy. 1nh rt .I, lien. Cyril( nrld t 1..irtt urlfal-
,n•e
t•1f ill fill- ..rill lot•( 1100th. 1.111.er ill Low ow erluity. 141 flu• trolly 1.10111, it,,. l.enf•ji1 (food 1.e1.o41( of file said
if st•rilrut p#1ftltllourrr ( j
I �Il ��IiI1C55 �(�Itlt•%of, 'Ihe ..rift linl purl( Ifo..i!pil•d rrnrt .e,dl d .111e.r pre+rnfs the day (Ind year
I Iir.t .1100.1 Ir•nNrn.
�.;ptert �.u•nle1L rpul rfrfn'rl#••t 100 prf•.en# e #1t:
(1 � �a / / ( fir. ��•� • 1. .. t � .. .'.rr .. ..�... I I :.11.'• t'UM
constiuicc C. 1U
d .1:.i 1(. ..:r ............ naid J.
l-a.l' a d
as to Grtult.ol s • I.'• t 11
�I.IIr. ell 11111tn11. � .
114I)IN4 RIVER J
If AVAIL' CLIC1111, 1h.11 pro lhi% 41.1%. brfmc file, an
rJhnt dill\ axth.ninrl ,n 110 .11.x1.• .r(1.1r..u.l :.till fn till. 0ntr11ty afr.tr.aid In I.dr I,lnut."trill to In•rtenall) appeared
(`Uid:i'I'ArJi7: L. IL1l't11.1, I(%.in•�cl 11y IECUAR1) J. 1IVl'AI \, 111!1 h1ls'.xt11d,
t.. nn Ln••.ut (,• la fl.• pr1.••rr; .Il... nb.J fn .111.1 ulm r.rtubd lit, fulrceinC inunun ut and Uley a1 L 110tvlydged
It deer ml. (1x..1 ilk:}• . vr. ub d the . filo
�x
11'11'\h.tK Oft hantt .1n,l r ll11f.f1 v.fl in thr (:..trill% rud * 1Ij • 1.1,1 .•hot.af.l 1{ut day of
July A I). 1977. ,t'r. (i. •. #� 1 .%., .•t. �'
Nolxll'y Mill'iC, `'•Lila• of F.I.:)ric1,3 at:- L:trU-:Y*. .
t�1y,(:cxnnisLiion (`:.I)irc::
►
t
U11 h/t/1111rf,lit I4r1•,rt(,(1 y: :ittlVr` 1.. Ilr`Ilrlf`.1"!:i ll
I'.Illlt! it Ill l:rt'.(`I°, I'. A.
Ir, I1, 1'#%:; t•Illlr ,
�4•It. Ira•,•'1., I'l.tl i, Lt !1'4.11
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800 34 phcE 281:11 '
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-WA 1ttf Ar/11 fit 1 it mA WI'U I ". IIN GI
lot
eHtn 11I,ti.em n,8 _ A �Xi5�i8i➢' " n
(PAQar�J
TIIIS ILIaI'!'l1II Decd AInrI.• ,lir .: ItIII. this of ..Ju l.; 11. l). •17 by
t7(A'V PNJ(,1; Cr IL1►1'AIA, joincill by Id: VAk1) J. IINI'AIA, her hl s-6utd,
hr u•inof l,•t , ,811.•.1 Ilse ynattnr 1.1
IICYM OI•' 'I'Iaxnuus of JId'17•:1wJ L Ildl'IUUVI4•IhrJ'I' `i•In4;'r I.I&JI) ' 7111; S"1'.'17.: UI•' kUJIU.DA
n•r1.Isr• faish.11no fi.l.hr•s♦ n 'rallill'tilri.':;(K!, Florida
Iterrin(gfter ,allr•.l Ilp. grartlre
tI11.. •r,.r r•I h.n+o do u.lu• • v....,n ." wxd wu.. r,' al.rlr A it.- 1—f— In da. I..uo....I fml
• .N. M••,. 4...1 .. I,.. •r At.,8.. r. w..rl w .. a. eI auL•xhub, wx.l d,r .u..r..xta and a,•.vm at fwp.0 Auxm)
"'ltll����a�ll. •JJlnl IJ..• ,itmotm. Inr nro/ In e-nrlairr.•rnh..n uI Irl. %ifm r.f $ 10.00 ari:► other
Pnrunrdr• .nmsulrra,inna, rr.•ird n'heer„� is h,•n•hv a,lnaa•r.vl.l,.r, hereby rlrnnly, hnrquins, a•lic, altenc• re-
maisec, reteaw, fmireys (grist fonitrrnc miff$ Illy gr.inle.. all Ilml cerltifro luno tilmile its Indian Itiver
f,onnit. 1•Inlpl.r, Pi;
I'+-vjinrtintl of- I -he inc:
lit or lJic Sollt.h briu nlary ]in- of '�,,tion 19, 'Amiship
33 rXXII.h, RYInrlc: 40 1 1':L, wi til lhr• Ire;/ wat.cr nark nr: Inaialt kiverr therwe 2-1111 Ebst
an South IK"r.uult,r; l ill,, of sitid E4,cl•ion 19, 23.3 elinins: th( ve run Alordi 5 chains;
thonct) roll 1'd:;t23r II 111Ir:, uriro Or Ions, to Irtw wat-or 111Irk of Indian TILver; thence
In•-ancler said 1rw watof- n1t1"1; in it sol IUlrld-y circa--tic.mi ; oabaltl^ Int -c! Or lr':i;:, to
point of ix•;inr►inti, Lontailling 11 acre:,, flare or. less, Lujothor wilhr'_jnari.art nigh
:.lJlkla:r In life•: rifest ctr. _wat;• or (z;lo ruad i1:i said mao i;, ttr, lnirl out and
astabli ,held Over .and i.,cross the GOLIUI sial! of the alx,wdc:;cr. ilxxl lands.
I:.KCETT: tar` t:csl: 2 1/2 acres or above d,,scrilxsl l,rolr.n-ty.
iJ. the parcrA cxrtvc•;cxI In Archi•:• Sin th, ct- ux, in Deed
13ook 33, pafy.- 579, public records of Indian ldver County, Florida.
t.
Subject to r'ilfir`ItYlll.f;, rt!sI--r1.c1Aonr;, ro;oivatiotlls .111,11 1,imi.t:ations Of record, and
to taxes accruing subsryllent to Uecunber 31, 1976.
�n�ethcr ,.all, ill file lrnrn.enls, heredilantrnts and up,rurirurrnrrs thereto helongit.g or an any-
/•ise npprrintntnl,. o
Tn Have (gild t0 1161, lite sat.... in le(- simple fafel•er
l�ntt file ilruri►rcr hereby tnrennrtts a•illt swirl urnnlre thrtf life gnaitnr is Irrtalully sei-cf of said land
ill fee simple: dull the ryrnnl,.r lias goad ri(ihf (&rill-Iant•fid anlhorit,• to arll and rnru•ey said land; that the
frranlar hr.el.y lolly n•urranls tilt- title to .nvl larid and will rlrlrnd file same nitairtsf file Irt,rinl elelints of
all petswf, u•hnnnn.•rrr: and that shirt lartrl is free of all w•rurnhrnncrs, r.irept lazes accruing suhsequetlf
to December 11, io 76.
1` Witness 11111h cif, lite said f,runfor has signed (trill. senlefl (hese wesenls the day and year
first above n•rillets.
Sign,(/'J; Grilled alai tlellverril ill am presence: _
..4', ...� ' ?~!..... .� .. ......'...... ............ ...i. ........ •.:!. I. ...
•f `. ,. ..
'/•
11. ./.Lr rl,l�r. \i '11 ° r Sff •I.•
its to Gr�.ntr,rs i};it_rl]_t
fist
S'IAIE I,F sr.ce it r. roc n.:orrtcs
CUUNTY OF INDIAN RIVEN
1 I11'REIt\• CF-RI11.1' Ihat,eu 11.1% 'L." 6fine else, an .411-1 1,,Iv
Auth.rttr•d in the 'Stato, algin caul aril in the Cmm1y :dolrsald to lake
.a kn••,, Inlrnu•uta• p. tvroalh app..a r•I
tt),rJS'[WO; C. IUVI-.11.•1, joinod by IJXXJAM) J. ILNI'Al A,
hi,s wirt:,
In tar knuwu u, hr ih.• I d.mf$6.d sit uu1 whn esr.u1,d the
It.i.c an• imtnuurul and tilt?y before file that tht'.i/
v,trrutrd the mmr
%% 1 1 NP%.% V.I. baud and olid ial IrA) in tilt Couats And
Stair last a1..trsanl lbs
July ,"n ti. 1917.
Nc%.i y PLbl ic:, St.al e or -A -1.01 -Fla af;•'l:u'yci:•'•�ty C("nttli.t;: icin
7%ut hnf:ufurrrllltrl.at.l /.I.. (,:aiir(-:;: _l i ,:_rr / ;3 :
, / -, •S
.1.//6. ell' .hnu•:;, I`.Iilu• ,t, PI•rlrl', 11, A.
11• 11, (i,. lrllIf" t:,.11t I'r• tt91. 1'1, 1111,J)
Boob 34 PAGE 283
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 78-34 RE PROPERTY
PURCHASED BY THE STATE OF FLORIDA DEPARTMENT Of TRANSPORTATION FOR ROAD
PURPOSES.
RESOLUT ION 78-34
BE IT RESOLVED by the Board of County Commissioners of
Indian River County, Florida, that pursuant to Florida Statute
196.28, the following described property was purchased by the
State of Florida for the use and benefit of the State of Florida
Department of Transportation to be used for road purposes. Said
property is described on Exhibit "A", attached hereto and made a
part of this agreement. Effective on May 10, 1977, and thereafter
the lien for taxes on said property are hereby cancelled and
discharged, so long as the same are used for public purposes.
Chairman
Attest:
Adopted this 19th day of April, 1978.
• i
39
BOOK 34 PACE
APR 19 1978
as part of the lust part and the STATE OF FLORIDA, fur the use and benefit of the State of Florida Department
of Transportation, as party of the second part. -
WITNESSETtf, That the said part .]___of the first part, for and in consideration of the sum of One hnllar and
other tahsable considerations• paid, receipt of which is hereby acknowledged, do._._...._ hereby grant, bargain. !.ell.
and convey unto the party of lh }�rnnd p ori its succi -ors and assigns, the following described land, situate, lyang:ind
being in the County of
Ili 11
RfVE�t State of Florida, to -wit:
PARCEL NO. 133 SECTION 83060-2509
The Northerly 10 feet of the Southerly 15.00 feet of Lots 10 through 18 inclu-
sive, Block 2 of Indian River Estates in Section 1, Township 33 South, Range
39 East, according to the plat thereof, as recorded in Plat Sook'l, Page 24,
(Plat Book 5, Page 6) of the Public Records of St. Lucie County, Florida.
AND
The Southerly 35.00 feet of the :westerly 330.00 feet of Lot 12 of H. T. GIFFORD Sub-
division in said Section 1, according to the plat thereof, as recorded -in Plat Book
1, Page 13 in the Public Records of St. Lucie County, Florida; and being that: part
of the said 35.00 feet which lies within 50.00 feet Northerly of the South line of
the NE 1/4 of said Section 1.
AND
The Northerly 10 feet of the Southerly 15.00 feet of the East 30.00 feet of said
Indian River Estates, being the abandoned Street, knot -in as Fifth Avenue, said
Street lying East of said Indian River Estate and 4test of Lot 12 of said H. T.
GIFFORD Subdivision.
AND r
The Southerly 5.00 feet of Lots 10 through 18 inclusive, Block 2 of INDIAN RIVER
ESTATES in Section 1, Township 33 South, Ranke 39 East, according to the plat
thereof, as recorded in Plat Book 1, Page 24, (Plat Book 5, Page G) of the Public
Records of St. Lucie County, Florida. _
AND
` The Sout+.erly 5.00 feet of the East 30.00 feet of said INDIAN RIVER ESTATES, being
} the abandoned street k.own as Fifth Avenue, said street lying East of said INDIAN
RIVER ESTATES and West of Lot 12 of said N. T. GIFFORD SUBDIVISION.
Containing 19,457 square feet, more or less.
Al) as shown on the Right of Way Map for Section 88060-2509, State Road 60, Indian
River County.
f
Ls".1-1--liv.-A-1 DU 1
tU ant t:?
lJ ��
BOOK '34 PAGE285
APR i 91978
9
1
This ins r ent reputed and legal description approved
��-6-7�
Hato Ity.
D. L. Jenkin
PARCEL w._]
33.1R(] 2-G-7ri�—
t city Fnrt I auderdalP
♦�j
, Florida
SFt1'iON .......... __88064:
250.9 _
State of Florida Ikpartment of iYansportation
STAT F: ROAD
COUNTY_.__
INDIAN RIVER
FAP NO.
Form 738•08
157821
THIS INDENTURE made this
_1_ '" day of
_ _ _1`_`f
, A. D. 19 !Z.y
between TREASURE
COAST PLAZA, LTD_.
A EI n(IU—LIX1TFD—PARTNERSBIp
as part of the lust part and the STATE OF FLORIDA, fur the use and benefit of the State of Florida Department
of Transportation, as party of the second part. -
WITNESSETtf, That the said part .]___of the first part, for and in consideration of the sum of One hnllar and
other tahsable considerations• paid, receipt of which is hereby acknowledged, do._._...._ hereby grant, bargain. !.ell.
and convey unto the party of lh }�rnnd p ori its succi -ors and assigns, the following described land, situate, lyang:ind
being in the County of
Ili 11
RfVE�t State of Florida, to -wit:
PARCEL NO. 133 SECTION 83060-2509
The Northerly 10 feet of the Southerly 15.00 feet of Lots 10 through 18 inclu-
sive, Block 2 of Indian River Estates in Section 1, Township 33 South, Range
39 East, according to the plat thereof, as recorded in Plat Sook'l, Page 24,
(Plat Book 5, Page 6) of the Public Records of St. Lucie County, Florida.
AND
The Southerly 35.00 feet of the :westerly 330.00 feet of Lot 12 of H. T. GIFFORD Sub-
division in said Section 1, according to the plat thereof, as recorded -in Plat Book
1, Page 13 in the Public Records of St. Lucie County, Florida; and being that: part
of the said 35.00 feet which lies within 50.00 feet Northerly of the South line of
the NE 1/4 of said Section 1.
AND
The Northerly 10 feet of the Southerly 15.00 feet of the East 30.00 feet of said
Indian River Estates, being the abandoned Street, knot -in as Fifth Avenue, said
Street lying East of said Indian River Estate and 4test of Lot 12 of said H. T.
GIFFORD Subdivision.
AND r
The Southerly 5.00 feet of Lots 10 through 18 inclusive, Block 2 of INDIAN RIVER
ESTATES in Section 1, Township 33 South, Ranke 39 East, according to the plat
thereof, as recorded in Plat Book 1, Page 24, (Plat Book 5, Page G) of the Public
Records of St. Lucie County, Florida. _
AND
` The Sout+.erly 5.00 feet of the East 30.00 feet of said INDIAN RIVER ESTATES, being
} the abandoned street k.own as Fifth Avenue, said street lying East of said INDIAN
RIVER ESTATES and West of Lot 12 of said N. T. GIFFORD SUBDIVISION.
Containing 19,457 square feet, more or less.
Al) as shown on the Right of Way Map for Section 88060-2509, State Road 60, Indian
River County.
f
Ls".1-1--liv.-A-1 DU 1
tU ant t:?
lJ ��
BOOK '34 PAGE285
APR i 91978
ATTORNEY COLLINS NEXT INFORMED THE BOARD THAT THE ADMINISTRA-
TOR HAS RECEIVED TRIPARTITE AGREEMENTS BETWEEN THE COUNTY, THE DOT AND
THE FLORIDA EAST COAST RAILWAY RE GRADE CROSSINGIMFFIC CONTROL DEVICES
AND MAINTENANCE OF SAME AT 45TH ST., S.W. 1ST ST., AND MAIN STREET.
HE CONTINUED THAT HE HAS REVIEWED THESE CONTRACTS, AND THEY APPEAR TO
BE IN THE STANDARD.FORM WE HAVE APPROVED OVER THE YEARS.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No; 78-35 AND AUTHORIZED
THE CHAIRMAN'S -SIGNATURE TO THE AGREEMENT IN REGARD TO A GRADE CROSSING
E TRAFFIC CONTROL DEVICE AT 45TH STREET.
O
919 i� Booz 34 fAu 286
r
9
p ,
t
- - }ORMi 7!!•73 WTAT6 OF FLORIDA DEPARTMENT OF TRANSPORTATION
7-77 DIVISION OF ROAD OPERATIONS w
FAGS I OF I COUNTY RESOLUTION -- a
GRADE CROSSING TRAFFIC CONTROL DEVICES AND
I FUTURE RESPONSIBILITY
OUNTY
SECTION
UTILITY JOB NO.
STATE ROAD NO.
GOUNTY NAME
PARCEL & RIW JOB NO.
F A P NO.
$8
1 000
1 6907
46th St.
Indian Rive
1'SIG-D
R110 -000S 08)
A RF•,SOLUTION AUT110RII.ING EXECUTION OF A RAILROAD REIMBURSEMENT AGREEMENT FUR THE
INSTALLATION OF GRADE CROSSING TRAFFIC CONTROL DEVICES, AND FUTIJRF MAINTENANCE' AND
ADJUST:IIF.NT OF SAID DEVICES; PROVIDING FOR THE EXPENDITURE OF I IJNDS; AND PROVIDING WHEN
THIS RESOLUTION SHALL TAKE EFFECT.
RESOLUTION NO -21L--15
ON MOTION OF Commissioner g e mu ker seconded by
Commissioner neeson , the following RESOLUTION was adopted:
WHEREAS,. the State of Florida Department of Transportation is constructing, reconstructing or
otherwise changinga portion of the State highway System, between SR -5
and 25th Ave. which shall call for the installation and maintenance of railroad
grade crossing traffic control devices for railroad grade crossings over or near said highway.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF Indian River
COUNTY, FLORIDA:
That Indian River County enter into a RAILROAD REIMBURSEMENT AGREE-
MENT with the Rate of Florida Department of Transportation and the FEC Railway
Company for the installation and maintenance of certain grade crossing traffic control devices
designated as Job No. .88000-6907 on 45th Strut which crosses
the right of way and tracks of the Company at FDOT/AAR Crossing Number 272178Y
located near Vero Beach Florida; and,
That the County assume its share of the costs for future maintenance and adjustment of said
grade crossing traffic control devices as designated in Paragraph 2 of the RAILROAD REIMBURSE-
MENT AGREEMENT; and,
That the Chairman and Clerk of the Board of County Commissioners be authorized to enter into
such agreements with the State of Florida Department of Transportation and the FEC Railway
Company as herein described: and,
That this RESOLUTION shall take effect immediately upon adoption.
INTRODUCED AND PASSED by the Board of County Commissioners of Indian River
County, Florida, in regular session, this 19th day of April _,197 8
Chairman of the Board of County Conunis+ioATTEST: 4�� .
Clerk of the Board of County C mi loners
BOOK 34 P'AGE 28 7
.i
1 FORM 722-39 - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
F 7-77 DIVISION OF ROAD OPERATIONS
PAGE 1 OF S
I RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING TRAFFIC CONTROL DEVICES
' AND FUTURE RESPONSIBILITY
(County)
i
t
OUNTY
SECTION
UTILITY JOB NO.
STATE ROAD NO.
COUNTY NAME
PA RCHL & RfW JOB NO.
F A P NO.
88
000
6907
-45th St.
I Indian Riv
r 1 (SIG -0)
RRO-OOOS(18)
THIS AGREF lEINT, made and entered into this day of ,197 ,
by and between the STA'I'D, OF FLORIDA DF.PART!111.NT OF TRANSPORTATION, hereinafter called
the DEPARTMENT, and FLORMA FAST CnA ' +t.AILWAY COMPANY
a corporation organized and existing under the: laws of Florida
I
with its principal place of business in the City of St. Augustine
County of St. Johns , State of Florida hereinafter called
the COMPANY; and Indian River County, a political subdivision of the. State of Florida,
acthrgby and through its Board of County Commissioners, hereinafterealled the COUNTY.
WITNESSETH:
WllFRFAS, THE. DEP.ART.NMENT is constructing, reconstructing or otherwise changing a
portion of the State Ilighwa% System, designated by the DEPART.NIF.NT as Job No. 88000-6907
between SR 5 and 25th AVP_ , which crosses at grade the right of way and track($)
of the CO;I'IPANY at FDOT/AAR Crossing Number 272178Y located near Vero Beach ,
Florida as shown on DEPARTMENT'S Plan Sheet No. I attached hereto as a part hereof,
NOW, THERE7011F., in consideration of the mutual undertakings as herein set forth, the parties
hereto agree as follows:
I. The COMPANY shall furnish the necessary materials and install automatic grade crossing
signals and/or other traffic control devices at said location on an actual cost basis, and in accordance
with the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and by reference
made a part hereof.
2. After installation of said signals is completed, fifty (50) percent of the expense thereof in
maintaining the same shall be home by the COUNTY and fifty (50) percent shall be borne by the
COMPANY, as enumerated by j the Schedule of Annual Cost of Automatic Highway Grade Crossing
Devices attached hereto and by this reference made a part hereof.
3. After said signals have been installed and found to be in satisfactory working order by the
parties hereto, the same shall be immediately put into service, operated and maintained by the
COMPANY so long as said COMPANY or its successors or assigns shall operate the said signals at skid
grade crossing; or. until it is armed between the parties hereto that the signals are. no longer necessary
Ii
umicatcd Reimbursementns Policy, and any supp ements t ereto or rev ocrew . rs un ers o0
and agreed by and between the parties hereto that preliminary engineering costs not incorporated
within this agreement shall not be subject to payment by the DEPARTMENT.
6. Attached hereto, and by this reference made a part hereof, are plans and specifications of
the work to be performed by the COMPANY pursuant to the terms hereof, and an estimate of the cost
thereof in the amount of $ 17.832.04 - All work performed by the COMPANY pursuant hereto,
shall be performed according to these plans and specifications as approved by the DEPARTMENT; the
Federal Highway Administration, if federal aid participating; and all subsequent plan changes shall
likewise be approved by the DEPARTMENT and, when applicable, the Federal Highway
Administration.
is
t' 7. All labor, services, mateHals and equipment furnished by the COMPANY in carrying out
1 the work to be performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT.
Separate records as to the costs of contract bid items and force account items performed for the
MMPANY shall also hr furnished by the COMPANY to the DEPARTMENT.
APR 191M BOOK 34 PAGE89
X.
' FOAM 722-29
7.77
PACK 2 of 0 ... .. .. -,4. . ` ...
or until the said crossing is abandoned; or legal requirements occur which shall cease operation of
signals thereat. The COMPANY agrees that any future rdocatiion or adjustment of said signals shall
be performed by the COMPANY, but at the expense of the party initiating such. relocation. Upon
.'
. -relocation the maintenance responsibilities sha1T be in accordance with the provisions of this agreement.
f
4. The COMPANY hereby agrees to install and/or adjust the necessary parts of its facilities
#
..
along said road in accordance with the provisions set forth in the:_
DEPARTMENT Procedure No. 132-046 "Reimbursement for Utility and Railroad
f
Relocation," dated October 1, 1973, and Rule 014-46.02 "Responsibility for the
}
Cost of Railroad/Highway Crossings," Florida Administrative Code, dated February
at
3,1971,
f
ALM Federal Highway Administration Federal Aid Highway Program Manual Volume 1,
Chapter 4, Section 3; and Volume 6, Chapter 6, Section 2, dated April 25, 1975,
i
and any supplements thereto or revisions thereof, which, by reference hereto, are made a part hereof.
The COMPANY further agrees to do all of such work with its own forces or by a contractor paid
under a contract let by the COMPANY, all under the supervision and approval of the DEPARTMENT
i
and the Federal Highway Administration, when applicable.
s
5. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it
:.
in the installation and/or adjustment of said facilities, in accordance with the provisions of the above
Ih th f Ti. ' d t d
umicatcd Reimbursementns Policy, and any supp ements t ereto or rev ocrew . rs un ers o0
and agreed by and between the parties hereto that preliminary engineering costs not incorporated
within this agreement shall not be subject to payment by the DEPARTMENT.
6. Attached hereto, and by this reference made a part hereof, are plans and specifications of
the work to be performed by the COMPANY pursuant to the terms hereof, and an estimate of the cost
thereof in the amount of $ 17.832.04 - All work performed by the COMPANY pursuant hereto,
shall be performed according to these plans and specifications as approved by the DEPARTMENT; the
Federal Highway Administration, if federal aid participating; and all subsequent plan changes shall
likewise be approved by the DEPARTMENT and, when applicable, the Federal Highway
Administration.
is
t' 7. All labor, services, mateHals and equipment furnished by the COMPANY in carrying out
1 the work to be performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT.
Separate records as to the costs of contract bid items and force account items performed for the
MMPANY shall also hr furnished by the COMPANY to the DEPARTMENT.
APR 191M BOOK 34 PAGE89
N •
n a
•• 1
IORM 722-29 J •�
j 7-77
►AOtfOlf ,
is .. ..
8. The COMPANY has determined that the method to be used in developing the relocation
or adjustment cost shall be as specified for the method checked and described hereafter:
.. (a) Actual and related indirect costs accumulated in accordance with a work order
accounting procedure prescribed by the applicable Federal or State regulatory body. .
(b) Actual and related indirect costs accumulated in accordance with an established
accounting procedure developed by the COMPANY and approved by the
f DEPARTMENT.
(e) An agreed lump sum S , as supported by a detail analysis of
estimated cost attached hereto. (Note: This method is not applicable where the
estimated cost of the proposed adjustment exceeds $10,000.)
f�
i
• 9. The installation and/or adjustment of the COMPANY'S facility as planned Odlkwill not)
involve additional work over and above the minimum reimbursable requirements of the
DEPARTDIENT. (If upgrading and/or nonreimbursable work is involved at the option of the
COMPANY, then credit against the cost of the project is required and will be governed by the method
checked and described hereafter):
(a) % will be applied to the final billing of work actually accomplished to
determine required credit for (betterment) agd/or (expired service life) and/or
(nonreimbursable segments).
(b) All work involving nonreimbursable segments will be performed by special
COMPANY work or job order number apart and separate from the reimbursable
portion of the work; such work or job order number to be
The COMPANY further agrees to clearly identify such additional work areas in the
COMPANY'S plans and estimates for the total work covered by this Agreement.
(c) $ credited for (betterment) and/or (expired service life)
and/or (nonreimbursable segments) in accord with Article 8.(c) herein above.
10. It is specifically agreed by and between the DEPARTMENT and the COMPANY that the
DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the COMPANY
as a result of the above installation and/or adjustment work.
11. It is further agreed that the cost of all installations and/or adjustments made during this
installation work shall be boine by the COMPANY, subject only to the DEPARTMENT bearing such
portion of this cost as represents the cost of installation and/or adjustment of the previously existing
facility, less salvage credit as set forth in the immediately preceeding paragraph.
J .
J
,. . -. .. :. .. .. _,..... +�•. �..}... .. Y ....... � .� .' ,. .9....'7.1'. ... .'. �1 .9
APR 191978 BOOK 34 Pw 290
• roma 7xras • • �
1-77
rwce4ora
12. Upon completion of the work the COMPANY shallf within one hundred eighty (1130)
days, furnish the DEPARTMENT with two (2) copies of its final and complete billing of -all costs
incurred in connection with the work performed hereunder, such statement to follow as closely as
;j possible the order of the items contained in the estimate attached hereto. The totals for labor,
overhead, travel expense, transportation, equipment, material and supplies, handling costs and other t
services shall be shown in such a manner as will permit ready comparison with the approved plans and
estimates. Materials shall be itemized where they represent major components of cost in the relocation
following the pattern set out in the approved estimate as closely as is possible. Salvage credits from
i recovered and replaced permanent and recovered temporary materials shall be reported in said bills in
relative position with the charge for the replacement or the original charge for temporary use.
The final billing shall show the description and site of the Project; the date on which the first
work was performed, or, if preliminary engineering or right-of-way items are involved, the date on
s
which the earliest item of billed expense was incurred; the date on which the last work was performed
or,the last item of billed expense was incurred; and the location where the records and accounts billed
can be audited. Adequate reference shall be made in the billing to the COMPANY'S records, accounts
and other relevant documents. All cost records and accounts shall be subject to audit by a
representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the
provisions of the above indicated Reimbursement Policy, "the DEPARTMENT agrees to reimburse the
COMPANY in the amount of such actual costs as approved by the DEPART,IIENT'S auditor. The
DEPARTMENT shall retain ten percent from any progress payment.
13. The COMPANY covenants to indemnify, defend, save harmless and exonerate the
DEPARTMENT N
T of and from all liability, claims and demands arising out of work undertaken by the
COMPANY pursuant to this agreement, due to the negligent actions, delay or omissions done or
committed by the COMPANY, its subcontractors, employees, agents or representatives; excepting,
however, any loss, damage or injury arising out of or caused by the negligent actions, delays or omissions
done or committed by the DEPARTMENT, its subcontractors, employees, agents or representatives,
which loss, damage or injury shall be borne by the DEPARTMENT except as otherwise covered by
bonds or insurance.
e
-
•
i
•
A
1
Boa 34 m u
APR 1 197
oat-
w.
atn''F'. Qy,�' �r'�" 'fa''J ►. 'iv P'r`a.".,p, ;l
d �••- v r _., : �� of y.,. ,, .F:�' ��� - ','. t� 9 � �_ �<°�kF .a'�" <. .. � +9 rJ^-°c t: ^' Y�
FORM 722-28 -
t 7-77
! PAGE 5 OF 6
i. IN WITNFSS 1VIIFIiEOF, the parties hereto have caused these presents to be executed by their
L. duly authorized officers, and their official seals hereto affixed, the day and year first above written.
. STATE OF FLORIDA
" DEPART:NIRNT OF TRANSPORTATION
BY: (SEAL)
Director of Administration
ATTEST:
i. Executive SeC[etary _
e.
i
a
COMPANY: FLORIDA EAST COAST RAILWAY
BY: (SEAL)
UMM unt
A EST:
TT
hast Secretary
INDIAN RIVER COUNTY, FLORIDA
BY: (SEAL)
ATTEST:
r
3
Approved as to Form, Legality and Execution Examined and Approved:
STATE OF FLORIDA DEPARTME-N'I' OF TRANSPORTATION Date
BY:
Assistant Attorney Division Administrator
Federal Highway Administration
f
,
APR 9 1978 Boos 34 PAGE2319.0
p.
;Aea T or 0
RAILROAD GRADE CROSSING TRAFFIC CONTROL nevtcEs
PARCEL 4 R W z NO. FAP NO.
COVNTV NAME i
Q1JNT• uTILJTV J06 N0- STATENOAD•NO.
88H 000 6807 45th St. •rndtan River 1 SIG -O RRO-000S 18
AGENC7
FLORrpA EAST COAST RAILWAY COMPANY
A. •JOB DESCRIPTIuN a LOCATION: Instal l railway signal s on Gifford Road
B. TYPE OF ROAD;vAY FACILITY: 2 lane rural
C. FDOT/AAR KING NO.:
272178Y RR MILEPOST TIE: 224.94
t D. TYPE SIGNALS PROPOSED: III CLASS IV INDEX: 17882
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
CLASS
I
II
III
IV
Annual Maintenance Cost Exclusive of Installation
DESCRIPTION
Flashing Signals - One Track
Flashing Signals - Multiple Tracks
Flashing Signals and Gates - One Track
Flashing Signals and Gates - Multiple Tracks
'Effective February 3, 1971
COST*
$ 650.00
$ 860.00
$ 980.00
$1,230.00
AUTHORITY: FLORIDA ADMINISTRATIVE RULE 014-46.02
Responsibility for the Cost of Automatic Highway
Grade Crossing Traffic Control Devices
EFFECTIVE DATE: February 3, 1971 -
GENERAL AUTHORITY: 20.05, F.S.
ensrTT.•Tr T AN MIDI PURNTRD- 33IE?1. F.S.
.. T..-.. ....e>.+c:v-r.�.-: rn.. ,«.�: w. .: +..,-«..., ....n :..-...e-. w.�v+«a-.,�..w.•...�.... _.....w....r,...,...,.. �.+ �-ns w: L a e .. .. .. ...4'a.. •
BOOK 34- PA��
APR 191978 -_
}-�— : -� ---
FI LE :
MP 224+4945' a,
.
`
a
ESTIMATED COST TO INSTALL FLASHING LIGHT, BELL
AND GATES AT 45TH STREET, MP 224+4945' (D.O.T.
NO. 272178Y) AS.PROPOSED BY THE FLORIDA D.O.T.
Gate assemblies ..........................................$
6,330.00
Foundations for gate assemblies... .......................
520.00
Additional relays and wiring .............................
810.00
Underground cable ........................................
903.00
Batteries ................................................
700.00
.
Battery box..... ..... .
....... . ...........................
158.00
Miscellaneous small items of material ....................
500.00
Labor. ........................ ...................
3,984.00
Supervision..............................................
480.00
Gang expenses .............................................
1,216.00
Rental of trucks .........................................
240.00
Rental of trencher .......................................
425.00
Rental of boring machine .................................
500.00
Railroad Retirement.....................................
580.00
Freight and handling .....................................
496.00
Sub Total
$17,842.00
Less salvage
10.00
TOTAL
$17,832.00
e � QC -3 1,
AG
FLORIDA EAST COAST RAILWAY COMPANY ,.�
"
�1�'}8 •.;��„
OFFICE OF SUPT. SIGNALS & COMMUNICATIONS..'.. ,:�;
ST. AUGUSTINE, FLORIDA ���
.:.•;
FEBRUARY 14, 1978 IrF
IF
t
ROOK
34 PA'S 294
APR 19 197
.
k
a
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 78-36 AND AUTHORIZED
THE CHAIRMAN'S SIGNATURE TO THE AGREEMENT IN REGARD TO A GRADE CROSSING
TRAFFIC CONTROL DEVICE AT S.11. IST STREET. �
50
P-19 1978
f
e
Bm 34 295
A
a
M
wlt�r.+�c.,.��.�^7,'.�.�+r��—n=` — .�tad�--�—... L ~'i�c• ..aa��.. �.+ir_....L�.J.... -.... ....._
FORM ?22.72 STATa OP FLORIDA DEPARTMENT OF TRANSPORTATION
'-i7 DIVISION OF ROAD OPERATIONS
FAG[ t of t COUNTY RESOLUTION
GRADE CROSSING TRAFFIC CONTROL DEVICES AND
FUTURE RESPONSIBILITY
UNTY
SECTION
UTILITY JOB NO.
STATE ROAD NO.
COUNTY NAME
PARCEL & R/W JOB NO.
F A P NO.
88
r
000
6909
S.W. 1stTSIndian
Riv
r 1 (SIG -D)
RRO-000S(18)
A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD REJMIJURSENIENT AGREEMENT FOR THE
INSTALLATION OF GRADE, CROSSING TRAFFIC CONTROL DEVICIS, AND FUTURE MAINTENANCE AND
ADJUSTMENT OF SAID DEVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS; AND PROVIDING WHEN
THIS RESOLUTION SIiALL TAKE EFFECT.
RESOLUTION NO 78-36
ON MOTION OF Commissioner Schmucker -, seconded by
Commissioner neesnn _, the following RESOLUTION was adopted:
WHEREAS, the State of Florida Department of Transportation is constructing, reconstructing or
otherwise changing a portion of the State Ilighway System, between SR -605
and SR 5 , which shall call for the installation and maintenance of railroad
grade crossing traffic control devices for railroad grade crossings over or near said highway.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF INDIAN RIVER
COUNTY, FLORIDA:
That Indian River County enter into a RAILROAD REI\'IBURSLMENT AGREE-
MENT with the State of Florida Department of Transportation and the FEC Railway
Company for the installation and maintenance of cert i n grade crossing traffic control devices
designated as Job No. 88000-6909on S.W. 1st Street
which crones
the right of way and tracks of the Company at FDOT/AAR Crossing Number 272199S
located near Vero Beach Florida; and,
That the County assume its share of the costs for future maintenance and adjustment of said
grade crossing traffic control devices as designated in Paragraph 2 of the RAILROAD REIMBURSE-
MENT AGREEMENT; and,
That the Chairman and Clerk of the Board of County Commissioners be authorized to enter into
such agreements with the State of Florida Department of Transportation and the FEC Railway
Company as herein described; and,
That this RESOLUTION shall take effect immediately upon'adoption.
INTRODUCED AND PASSED by the Board of County Commissioners of Indian Rivar
County, Florida, in regular session, this 19th day of April 19788�j,,�/
r � `� Chairman of the Boanl of County Conuniasi re
ATTEST:p�j
Clerk of the Board of County Commi. ners
e
. 6
41 A
BOOK J% PACE 296 .
WITNESSETH:
WHEREAS, THE DEPARTMENT is constructing, reconstructing or otherwise changing a
portion of the State highway System, designated by the: DEPARTMENT as Job No. 2010-6979 ,
between SR 605 atid SR 5 which crosses at grade the riglit of way and track(s)
of the COMPANY at FDOT/AAR Crossing Number 272199S , located near 112ro BeaCh
Florida as shown on DEPARTMENT'S Plan Sheet No. 1 attached hereto as a part hereof,
NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties
hereto agree as follows: `
I. The. COMPANY shall furnish the necessary materials and install automatic grade crossing
Signals and/or other traffic control devices at said location on an actual cost basis, and in accordance
with the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and by reference
made a part hereof.
2. After installation of said signals is completed, fifty (50) percent of the expense thereof in
maintaining the same shall be borne by the COUNTY and fifty (50) percent shall be borne by the
COMPANY, as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing
Devices attached hereto and by this reference made a part hereof.
3. After said signals have been installed and found to be in satisfactory working order by the
parties hereto, the same shall he immediately put into service, operated and maintained by, the
COMPANY so long as said COMPANY or its successors or assigns shall operate the said signals at said
grade crossing; or until it is agreed between the parties hereto that the signals arc no longer necessary
!
r ,
NOW 34 FAct 2,97
'
FORM 722-11S • STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
t
7-77 DIVISION OF ROAD OPERATIONS
PAGE I OF s RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING TRAFFIC CONTROL DEVICES
AND FUTURE RESPONSIBILITY
(County)
LINTY
SECTION
uTILITY JOB NO.
I STATE ROAD NO.
COUNTY NAME
PARCEL & RJW JOB N0.1
F A P NO.
88
000
6409
SW 1st St.
radian Rive
1 (SIG -D)
R0 -000S(18(
i
:
THIS AGREEMENT, made and entered into this day of ,197. ,
by and between the STATE OF FLORIDA DEPART!N6:NT OF TRANSPORTATION, hereinafter called
I
the DEPARTMENT, and FLORIDA EAZT COAST RAIL1dAY COMPANY
a corporation organized and existing under the laws of Flnridn ,
with its principal place, of business in the City of S_ !(ngustina ,
County of _ St • Johns _ State of Florida • _ hereinafter called
thg COMPANY; and Indian River County, a political subdivision of the State of Florida,
acting by and through its Board of County Commissioners, hereinafter called the COUNTY.
WITNESSETH:
WHEREAS, THE DEPARTMENT is constructing, reconstructing or otherwise changing a
portion of the State highway System, designated by the: DEPARTMENT as Job No. 2010-6979 ,
between SR 605 atid SR 5 which crosses at grade the riglit of way and track(s)
of the COMPANY at FDOT/AAR Crossing Number 272199S , located near 112ro BeaCh
Florida as shown on DEPARTMENT'S Plan Sheet No. 1 attached hereto as a part hereof,
NOW, THEREFORE, in consideration of the mutual undertakings as herein set forth, the parties
hereto agree as follows: `
I. The. COMPANY shall furnish the necessary materials and install automatic grade crossing
Signals and/or other traffic control devices at said location on an actual cost basis, and in accordance
with the DEPARTMENT'S Plans and Standard Index Number 17882 attached hereto and by reference
made a part hereof.
2. After installation of said signals is completed, fifty (50) percent of the expense thereof in
maintaining the same shall be borne by the COUNTY and fifty (50) percent shall be borne by the
COMPANY, as enumerated by the Schedule of Annual Cost of Automatic Highway Grade Crossing
Devices attached hereto and by this reference made a part hereof.
3. After said signals have been installed and found to be in satisfactory working order by the
parties hereto, the same shall he immediately put into service, operated and maintained by, the
COMPANY so long as said COMPANY or its successors or assigns shall operate the said signals at said
grade crossing; or until it is agreed between the parties hereto that the signals arc no longer necessary
!
r ,
NOW 34 FAct 2,97
- _--_--• _.�...-$dj6.
+ie.. .. .. a-•"a.z:l••.M:. _ :ay.-,...:.�'..� S�.oi,m�.-, '" - .•i_ k _ •.`.-. °J: LA
FORM 722-39 - • .
PAGE 2orD
or until the said crossing is abandoned; or legal requirements occur which shall cease operation of
signals thereat. The COMPANY agrees that any future relocation or adjustment of said signals shall
be performed by the COMPANY, but at the expense of the party initiating such relocation. Upon
relocation the maintenance responsibilities shall he in accordance with the provisions of this agreement
4. The COMPANY hereby agrees to install and/or adjust the necessary parts of its facilities
�•
along said road in accordance with the provisions set forth in the:
(a) DEPARTMENT Procedure No. 132-046 "Reimbursement for Utility and Railroad
Relocation," dated October 1, 1973, and Rule 014-46.02 "Responsibility for the
Cost of Railroad/Highway Crossings," Florida Administrative Code, dated February
'
$;1971, (
e
_11_(b) Federal Highway Administration Federal Aid Highway Program Manual Volume 1,
Chapter 4, Section 3; and Volume 6, Chapter 6, Section 2, dated April 25, 1975,
and any supplements thereto or revisions thereof, which by reference hereto, are made a part hereof.
The COMPANY further agrees to do all of such work with its own forces or by a contractor paid
under a contract let by the COMPANY, all under the supervision and approval of the DEPARTMENT
and the Federal Highway Administration, when applicable. •
'
<
7
5. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it
!i
in the installation andior adjustment of said facilities, in accordance with the provisions of the above ,
indicated Reimbursement Policy, and any supplements thereto or revisions thereof. It is understood;
and agreed by and between the parties hereto that preliminary engineering costs not incorporated
within this agreement shall not be subject to payment by the DEPARTMENT. �
6. Attached hereto, and b this reference made a art hereof,
Y p ,are plans and specifications of
the work to be performed by the COMPANY pursuant to the terms hereof, and an estimate of the cost
„thereof in the amount of $ 17.332.00 All work performed by the COMPANY pursuant hereto,
^
shall be performed according to these plans and specifications as approved by the DEPARTMENT; the
Federal Highway Administration, if federal aid participating; and all subsequent plan changes shall
l&ewise be approved by the DEPARTMENT and, when applicable, the Federal Highway
Administration.
7. All labor, services, ,mateiials and equipment furnished by the COMPANY in carrying out
the work to be performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT.
Separate records as to the costs of contract bid items and force account items performed for the
COMPANY shall also be furnished by the COMPANY to the DEPARTMENT.
APR
191978 Boot 34 FAcE 298
. y
•. �._._ .. _. .,,�; `•�. - .J.rw.st r.+.t.s- a ~ ._....a a t — ..,.._.7.�.al.: J t
. .. 1
i.. � At
rofflA 712-29
JPAoesors
• a
& The COMPANY has determined that the method to be used in developing the relocation
or adjustment cost shall be as specified for the method checked and described hereafter:
(a) Actual and related indirect costs accumulated in accordance with a work order
accounting procedure prescribed by the applicable Federal or State regulatory body.
(b) Actual and related indirect costs accumulated in accordance with an established
accounting procedure developed by the COMPANY and approved by the
t-
DEPARTMENT -
(c) An agreed lump sum $ , as supported by a detail analysis of
estimated cost attached hereto. (Note: This method is not applicable where the
estimated cost of the proposed adjustment exceeds $10,000.)
• 9. The installation and/or adjustment of the COMPANY'S facility as planned ftftwill not)
involve additional work over and above the minimum reimbursable requirements of the
DEPARTMENT. (If upgrading and/or nonreimbursable work is involved at the option of the
COMPANY, then credit against the cost of the project is required and will be governed by the method
checked and described hereafter):
(a) % will be applied to the final billing of work actually accomplished to
determine required credit for (betterment) andlor (expired service life) and/or
(nonreimbursable segments).
(b) All work involving nonreimbursable segments will be performed by special
COMPANY work or job order number apart and separate from the reimbursable
portion of the work; such work or job order number to be ,
The COMPANY further agrees to clearly identify such additional work areas in the
COMPANY'S plans and estimates for the total work covered by this Agreement.
(c) $ credited for (betterment) and/or (expired service life)
and/or (nonreimbursable segments) in accord with Article 8.(c) herein above. l
r
10. It is specifically agreed by and between the DEPARTMENT and the COMPANY that the
DEPARTMENT shall receive fair and adequate credit for any salvage which shall accrue to the COMPANY
as a result of the above installation and/or adjustment work.
11. It is further agreed that the cost of all installations and/or adjustments made during this
installation work shall be borne by the COMPANY, subject only to the DEPARTMENT bearing such
portion of this cost as represents the cost of installation and/or adjustment of the previously existing
facility, less salvage credit as set forth in the immediately preceeding paragraph.
r
dw
-FORM 721.71 • -� ••
FAG! 4 OF D
12. Upon completion of the work the COMPANY shall, within one hundred eighty (180)
days, furnish the DEPARTMENT with two (2) copies of its final and complete billing of all costs
t
incurred in connection with the work performed hereunder, such statement to follow as closely as
pow
•blc the order of the items contained in the estimate attached hereto. The totals for labor,
overhead, travel expense, transportation, equipment, material and supplies, handling costs and other
services shall be shown in such a manner as will permit ready comparison with the approved plans and
estimates. Materials shall be itemized where they represent major components of cost in the relocation
follolving the pattern set out in the approved estimate as closely as is possible. Salvage credits from
recovered and replaced permanent and recovered temporary materials shall be reported in said bills in
relative position with the charge for the replacement or the original charge for temporary use.
y The final billing shall show the description and site of the Project; the date on which the first
work was performed, or, if preliminary engineering or right-of-way items are involved, the date on
1 . which the earliest item of billed expense was incurred; the date on which the last work was performed
s or the last item of billed expense was incurred; and the location where the records and accounts billed
can be audited. Adequate reference shall be made in the billing to the COMPANY'S records, accounts
and other relevant documents. All cost records and accounts shall be subject to audit by a
representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the
provisions of the above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the
COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. The
DEPARTMENT shall retain ten percent from any progress payment.
e
13. The COMPANY covenants to indemnify, defend, save harmless and exonerate the
DEPARTMENT of and from all liability, claims and demands arising out of work undertaken by the t
COMPANY pursuant to this agreement, due to the negliger_t actions, delay or omissions done or .
committed by the COMPANY, its subcontractors, employees, agents or representatives; excepting,
however, any loss, damage or injury arising out of or caused by the negligent actions, delays or omissions
done or committed by the DEPARTMENT, its subcontractors, employees, agents or representatives,
which loss, damage or injury shall be borne by the DEPART11lENT except as otherwise covered by
bonds or insurance.
APR 191978
1�y
BOOK cal P GE' �
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M
- "• .� v i.`"r Y`Ti'd�c'o2' �.J6'• L`'': • ;� ... (t�Y'es t= t-.�^, ts�:- � t
FORM 722-99
7-77
PAGE 5 or 5
. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their V
duly authorized officers, and their official seals hereto affixed, the day and year first above written. _
(
STATE OF FLORIDA
DEPART;%IENT OF TRANSPORTATION
BY: (SEAL)
lhrector o! Adqumstrabon
ATTEST:
Executive Secretary
COMPANY: FLORIDA EAST COAST RAILWAY COMPANY
BY:� (SEAL)
Pre>iident -
ATTEST: t Q—Z�
Ssf Secretary . _.
1.!WT II RIVER COUNTY, FLORIDA
BY: #.tL'��rs. V G(✓� ^,L• (SEAL)
(Title:
ATTEST:IV
Y Approved as to Form, Legality and Execution Examined and Approved:
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
BY:
Assistant Attorney
Division Administrator
Federal Highway Administration
STATE OF FLORIDA DEPAkTMENT OF TRANSPORTATION +'
FORM 722-48 , DIVISION OF ROAD OPERATIONS
PAGE I of t RAILROAD GRADE CROSSING TRAFFIC CONTROL DEVICES -
1
f
i
j.
COUNTY
SECTION
UTILITY JOB NO.
STATE ROAD NO.
COUNTY NAME
PARCEL & R/W JOB NO.
PAP NO.
88
000
6909
.W. 1st St. ]Indian
River
1 (SIG -II)
RRO-000S08)
' AGENCY
FLORIDA EAST COAST RAILVAY CONPARY
h
M
3
A. OB -DESCRIPTION & LOCATION: Install RR signals near Vero Beach, Florida
B. TYPE OF ROADWAY FACILITY: 2 lane curet
C. FDOT/AAR XING NO.: 2721998 RR MILE POST TIE: 230.14
D. TYPE SIGNALS PROPOSED: III CLASS III INDEX: 17882
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
AUTHORITY: FLORIDA ADMINISTRATIVE RULE 01446.02
Responsibility for the Cost of Automatic Highway
Grade.Crossing Traffic Control Devices
EFFECTIVE DATE: February 3, 1971
GENERAL AUTHORITY: 20.05, F.S.
SPECIFIC LAW IMPLEMENTED: 338.21, F.S.
Annual Maintenance Cost Exclusive of Installation
CLASS
DESCRIPTION
COST
I
Flashing Signals - One Track
$ 650.00
II
Flashing Signals - Multiple Tracks
$ 860.00
III
Flashing Signals and Gates - One Track
$ 980.00
IV
Flashing Signals and Gates - Multiple Tracks
$1,230.00
"Effective February 3, 1971
AUTHORITY: FLORIDA ADMINISTRATIVE RULE 01446.02
Responsibility for the Cost of Automatic Highway
Grade.Crossing Traffic Control Devices
EFFECTIVE DATE: February 3, 1971
GENERAL AUTHORITY: 20.05, F.S.
SPECIFIC LAW IMPLEMENTED: 338.21, F.S.
` .
����M���� �{�3 TO lN5TALL'GATES IM LIEU OF T -RED SIGNALS
AT SW. ~ . STREET, MP 230+767' (D.O.T. NO. 272199S)
'
AS PROPOSED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION
d assemblieo..,.,...........,...^.^� 6,330.00
Flashing -for gate
520.00
FoundationsBat—- ��� , O�
bux.........,..,,,.,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,�
" — ��.....
Underground
.700OO
matoe,ies...^......^,..,.,.........,.......... ..�,
cable........................................ 708,00
P.V.Cwnderground conduit...,........................... 95.00
' |
Miscellaneous small items of material.................... 500.00 45Q.00
Electric service `` .....`^^^^^^^`^^^^^^^^^^^^^^^^^^^^``^^^ � =°"' , �B4 OO
' Labur...,.........,,.,.,....,,,.,.,,,,,,,,,,,,,,,,,,,,,,, '� "
^..`^...^..,.^.^.,~,...............,, 48�.�O
' ^ . ^. ................,.. �*��G.OU
� u��...^^^``^``^``^~^^^ ^ ^^
-- '
`
Rental of ^ ........................................... 240,00
. Rental of trencher ........................................ 425O0... .
} Rental of boring'muchine................. ................ 500.00
Railroad retiremant,....^,^^....^.....,.........,........ 580.00
� �
Freight and handling.^^`^^^^^^`^^`^^^`^^^^^^^^^^^`^`^``^^��i���
_
` Sub Total � $17,337.00
`
Less salvage ~____5.00
£�
TOTAL' $17,332.00
,
'
�
'
' FLORIDA EAST COAST RAILNAY COMPANY
OFFICE OF SUPT, 5lG@ALS & COMMUNICATIONS
ST. AUGUSTIN[, FLORIDA
FEBRUARY lG, 1978
' �*i
. .
'
` FEB2%1�. �,
` ^ '
I
N MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 78-37 AND AUTHORIZED
THE CHAIRMAN`S SIGNATURE TO THE AGREEMENT IN REGARD TO A GRADE CROSSING
TRAFFIC CONTROL DEVICE AT MAIN STREET. �
f
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Boa 34 PAGF 304 .
APR 19 197-8f
That the County assume its share of the costs for future maintenance and adjustment of said
grade crossing traffic control devices as designated in Paragraph 2 of the RAILROAD REIMBURSE-
MENT AGREEh1ENT; and,
That the Chairman and Clerk of the Board of County Commissioners be authorized to enter into
such agreements with the State of Florida Department of Transportation and the
FEC Railway
Company as herein described; and,
That this RESOLUTION shall take effect immediately upon adoption.
INTRODUCED AND PASSED by the 130iard of County Commissioners of Indian River
,1978 -
County, Florida, in regular session, this 19th day of April �Coun
Chairman of the Board
ATTEST:
Cler of the Board of County omni of rs
s
rowM 7ff•7f fT^TZ OF ►LORIDA DEPARTMENT OF TRAN6MRTATION
DIVISION OF ROAM OPCRAT/ON9 'S
''" COUNTY RESOLUTION
.-rwaaooar
� CROSSING TRAFFIC CONTROL DEVICES AND
• GRADE
FUTURE RESPONSIBILITY
W JOB NO. F A P NO.
COUNT SECTION UTILITY JOB NO. STATE ROAD NO.=COUNTV=N^MESPARcrL,1kRf,
BgQ0D
6909linin St. SIG-lI RRO-000S l3
THE
NT FOR AN
A RESOLUTION AUTHORIZING EXECUTION OF A RAILROAD 1tEIb113UltSElItENT E MAINTENANCE
TRAFFIC CONTROL DEVICES. AND FUTURE DIAINTENANCF: AND s
i INSTALLATION OF GRADE CROSSING
! ADJUSTMENT OF SAID DEVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS: AND PROVIDING WIZEN
THIS.RESOLUTiON SHALL TAKE EFFECT.
RESOLUTION NO -10--17
onded b
ON MOTION OF Commissioner a�tlM"° e►- 'sec y
.
Commissioner Deeson , the following RESOLUTION was adopted:
Trans norlation is constructing, reconstructing or
Floridar • rtm ernt of o
f 1
. EAS- the State o pa
WHEREAS,
otherwise changing a portion of the State highway System, hetween FEC Ra lwa
SR 5 which shall call for the installation and maintenance of railroad
and ,
traffic control devices for railroad grade crossings over or near said highway.
grade crossing
•INDIAN RIVER
NOW, THEREFORE, BE IT RESOLVED BY THE COUNTY COMMISSION OF
COUNTY, FLORIDA:
That Indian River County enter into a RAILROAD REIMBURSEIMENT AGREE-
MENT with the State of Florida Department of Transportation and the FEC Railway
Company for the installation and maintenance of certain grade crossing traffic control devices
designated as Job No. $8090-6908 on limn Street which crosses
the right of way and tracks of the Company at FDOTlAAIt Crossing Number 272161V
located near Sebastian Florida; and,
i
That the County assume its share of the costs for future maintenance and adjustment of said
grade crossing traffic control devices as designated in Paragraph 2 of the RAILROAD REIMBURSE-
MENT AGREEh1ENT; and,
That the Chairman and Clerk of the Board of County Commissioners be authorized to enter into
such agreements with the State of Florida Department of Transportation and the
FEC Railway
Company as herein described; and,
That this RESOLUTION shall take effect immediately upon adoption.
INTRODUCED AND PASSED by the 130iard of County Commissioners of Indian River
,1978 -
County, Florida, in regular session, this 19th day of April �Coun
Chairman of the Board
ATTEST:
Cler of the Board of County omni of rs
s
FORM 722-38. - STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
7-77 DIVISION OF ROAD OPFRATIONS
PAGE t of s RAILROAD REIMBURSEMENT AGREEMENT
GRADE CROSSING TRAFFIC CONTROL DEVICES
AND FUTURE RESPONSIBILITY
{County!
OUNTV
SECTION
UTILtTY JOB NO. I
STATE: ROAD 140-1
COUNTY NAMe
I PARCEL & RIW JOR NO.
P A
8$
000
6408
Ptain St.
I Indian Riv
r I(SIG-D)
RRO-000S(18)
THISAGREEMI;NT, made and enlered into this day of 9197 -,
by and be tween the S'CATI: O1 I LOItIDA l)Ia'Ali.'I'\11:N1' 'TRANSPORTATION, hereinafter called
the 1),EPARTMF.NT, and EL01 ]A FAST GO tST RAII UAY cnl4PANY
!Tari da
a corporation organized and existing under the laws of St. Augustine
with its principal place of business in tl►c City of
County of St Jahns , State of Florida hereinafter called
the COMPANY; and Indian River County, a political subdivision of the State of Florida,
acting by and through its hoard of County Commissioners, hereinafter called the COUN'CY.
WITNESSETI I:
n'l11:111•:AS, THE DEPARTMENT is constructing, reconstructing or otherwise changiuT a
portion of the State llivhwa% `Nstem, desitnated by the DEPARTNIE,W as Job No. 88000-6908
between FEC Railway[_ ane) SRS which crosses at grade the right of way and track(s)
of the'COMPANY at FUO'l'1A:11i Crossing Nurnbe.r 272161V , located near 52bastian ,
Florida as shown on D(TPAR' MEINT'S Plan Sheet No. I attached hereto as a part hereof,
NOW, TI11•;REFORE., in consideration of the mutual undertakings as herein set forth, the parties
hereto agree as follows:
1. The CO%111kN1• shall furnish the necessary materials and install automatic grade crossing
signals and/or other traffic control devices at said location on an actual cost basis, and in accordance
with the DEPARTMEINT'S Plans and Standard Index Number 17882 attached hereto and by reference
made a part hereof.
2. After installation of said signals is completed, fifty (50) percent of the expense thereof in
maintaining the same shall be borne by the COUN,rY and fifty (50) percent shall be borne by the
COMPANY, as enumerated b% the Schedule of Annual Cost of Automatic highway Grade. Crossing
Devices attached hereto and by this reference made a part hereof.
3. After said signals have been installed and found to be in satisfactory working order by the
parties hereto, the satne shall be immediately, put into service, operated and maintained by t{ue
COMPANY so long as said COMPANY or its sueee,sors or assignls shall operate the said signtals at said
parties hereto that the signals are no longer necessary
grade crossing; or until it is agreed between the
I
e 1 '
APR 191978
�oox '34
J
��. FORM 722-79 -
7.77
i.
WAGE a oil
i
' or Until the said crossing is abandoned; or legal requirements occur which shall cease operation of
4 signals thereat. The COMPANY agrees that any future relocation or adjustment of said signals shall
be performed by the COMPANY, but at the expense of the party initiating such relocation. Upon
relocation the maintenance responsibilities shall be in accordance with the provisions of this agreement.
4. The COMPANY hereby agrees to install and/or adjust the necessary parts of its facilities
along said road in accordance with the provisions set forth in the:
.�(a) DEPARTMENT Procedure No. 132-046 "Reimbursement for Utility and Railroad
Relocation," dated October 1, 1973, and Rule 014-46.02 "Responsibility for the
Cost of Railroad/lligliway Crossings," Florida Administrative Code, dated February
3,1971,
XX (b) Federal Highway Administration Federal Aid Highway Program Manual Volume 1,
Chapter 4, Section 3; and Volume 6, Chapter 6, Section 2, dated April 25, 1975,
and any supplements thereto or revisions thereof, which, by reference hereto, arc made a part hereof.
The COMPANY further agrees to do all of such work with its own forces or by -a contractor paid
under a contract let by the COMPANY, all under die supervision and approval of the DEPARTMENT
and the Federal Highway Adriiinistration, when applicable.
5. The DEPARTMENT hereby agrees to reimburse the COMPANY for all costs incurred by it
in the installation and/or adjustment of said facilities, in accordance with the provisions of the above
indicated Reimbursement Policy, and any supplements thereto or revisions thereof. It is understood
and agreed by and between the parties hereto that preliminary engineering costs not incorporated
within this agreement shall not be subject to payment by the DEPARTMENT.
6. Attached hereto, and by this reference made a part hereof, are plans and specifications of
the work to be performed by the COMPANY pursuant to the terms hereof, and an estimate of the cost
thereof in the amount of 5 14 *946.00 . All work performed by the COMPANY pursuant hereto,
" shall be performed according to these plans and specifications as approved by the DEPARTMENT; the
Federal Highway Administration, if federal aid participating; and all subsequent plan changes shall
likewise be approved by the DEPARTMENT and, when applicable, the Federal Highway
Administration.
7. All labor, services, materials and equipment furnished by the COMPANY in carrying out
the work to be performed hereunder shall be billed by the COMPANY direct to the DEPARTMENT.
Separate records as to the costs of contract bid items and force account items performed for the .
COMPANY shall also be furnished by the COMPANY to the DEPARTMENT.
APR 191978
A
I
BDaK 34 PAGE ��
FORM 7=1-19 - _
-•
►wac s or s
8. The COMPANY has determined that the method to be used in developing the relocation
►
or adjustment cost shall be as specified for the method checked and described hereafter:
'
j
XX (a) Actual and related indirect costs accumulated in accordance with a work order
accounting procedure prescribed by the applicable Federal or State regulatory body.
(b) Actual and related indirect costs accumulated in accordance with an established
i1
accounting procedure developed by the COMPANY and approved by the
DEPARTMENT.
S
' (e) An agreed lump sum $ , as supported by a detail analysis of
{
estimated cost attached hereto. (Note: This method is not applicable where the
estimated cost of the proposed adjustment exceeds $10,000.)
v
9. The installation and/or adjustment of the COMPANY'S facility as planned fLmwill not)
.
involve additional work over and above the minimum reimbursable requirements of the
DEPARTNIF'INT. (If upgrading and/or nonrcimbursable work is involved at the option of the
COMPANY, then credit against the cost of the project is required and will be governed by the method
checked and described hereafter):
(a) % will be applied to the final billing of work actually accomplished to
determine required credit for (betterment) and/or (expired service life) and/or
_
(nonreimbursable segments).
(b) All work involving nonreimbursable segments will be performed by special
COMPANY work or job order number apart and separate from the reimbursable
portion of the work; such work or job order number to be
The COMPANY further agrees to clearly identify such additional work areas in the
COMPANY'S plans and estimates for the total work covered by this Agreement.
(c) $ credited for (betterment) and/or (expired service life)
and/or (nonreimbursable segments) in accord with Article 8.(c) herein above.
10. It is specifically agreed by and between the DEPARTMENT and the COMPANY that the
DEPARTMENT shall receive fair and adequate, credit for any salvage which shall accrue to the COMPANY
as a result of the above installation and/or adjustment work.
11. It is further agreed that the cost of all installations and/or adjustments made during this
installation work shall be borne by the COMPANY, subject only to the DEPARTMENT bearing such
portion of this cost as represents the cost of installation and/or adjustment of the previously existing
facility, less salvage credit as set forth in the immediately preceeding paragraph.
A
I
BDaK 34 PAGE ��
r
FORM ax: -as ,
1 7-a7
I FACE a or a
t
12. Upon completion of the work the COMPANY shall, within one hundred eighty (180)
days, furnish the DEPARTMENT with two (2) copies of its final and complete billing of all costs
incurred in connection with the work performed hereunder, such statement to follow as closely as
possible the order of tlx: items contained in the estimate attached hereto. The totals for labor,
overhead, travel expense, transportation, equipment, material and supplies, handling costs and other
services shall be shown in such a manner as will permit ready comparison with the approved plans and
estimates. Materials shall be iternived where they represent major components of cost in the relocation
following the pattern set out in the approved estimate as closely as is possible. Salvage credits from
recovered and replaced permanent and recovered temporary materials shall be reported in said bills in
relative position with the charge for the replacement or the original charge for temporary use.
The final billing shall show the description and site of the Project; the date on which the first
work was performed, or, if preliminary engineering or right-of-way items are involved, the date on
which the earliest item of billed expense was incurred; the date on `which the last work was performed
or the last item of billed expense was incurred; and the location where, the records and accounts billed
can be audited. Adequate reference shall be made in the billing to the COMPANY'S records, accounts
and other relevant documents. All cost records and accounts shall be subject to audit by a
representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the
provisions of the above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the
COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. The
DEPARTMENT shall retain ten percent from any progress payment.
13. The COMPANY covenants to indemnify, defend, save harmless and exonerate the
DEPARTMENT of and from all liability, claims and demands arising out of work undertaken by the
COMPANY pursuant to this agreement, due to the negligent actions, delay or omissions done or
committed by the COMPANY, its subcontractors, employees, agents or representatives; excepting,
however, any loss, damage or injury arising out of or caused by the negligent actions, delays or omissions
done or committed by the DEPARTMENT, its subcontractors, employees, agents or representatives,
which loss, damage or injury shall be borne by the DEPARTMENT except as otherwise covered by
bonds or insurance.
.
s ,
a
e
possible the order of tlx: items contained in the estimate attached hereto. The totals for labor,
overhead, travel expense, transportation, equipment, material and supplies, handling costs and other
services shall be shown in such a manner as will permit ready comparison with the approved plans and
estimates. Materials shall be iternived where they represent major components of cost in the relocation
following the pattern set out in the approved estimate as closely as is possible. Salvage credits from
recovered and replaced permanent and recovered temporary materials shall be reported in said bills in
relative position with the charge for the replacement or the original charge for temporary use.
The final billing shall show the description and site of the Project; the date on which the first
work was performed, or, if preliminary engineering or right-of-way items are involved, the date on
which the earliest item of billed expense was incurred; the date on `which the last work was performed
or the last item of billed expense was incurred; and the location where, the records and accounts billed
can be audited. Adequate reference shall be made in the billing to the COMPANY'S records, accounts
and other relevant documents. All cost records and accounts shall be subject to audit by a
representative of the DEPARTMENT. Upon receipt of invoices, prepared in accordance with the
provisions of the above indicated Reimbursement Policy, the DEPARTMENT agrees to reimburse the
COMPANY in the amount of such actual costs as approved by the DEPARTMENT'S auditor. The
DEPARTMENT shall retain ten percent from any progress payment.
13. The COMPANY covenants to indemnify, defend, save harmless and exonerate the
DEPARTMENT of and from all liability, claims and demands arising out of work undertaken by the
COMPANY pursuant to this agreement, due to the negligent actions, delay or omissions done or
committed by the COMPANY, its subcontractors, employees, agents or representatives; excepting,
however, any loss, damage or injury arising out of or caused by the negligent actions, delays or omissions
done or committed by the DEPARTMENT, its subcontractors, employees, agents or representatives,
which loss, damage or injury shall be borne by the DEPARTMENT except as otherwise covered by
bonds or insurance.
.
a
APR 191978
4
•
FORM asz-as -
�' .. 7-17
.PACE D OF 5
1N WITNESS WIiI;RE10 , the parties hereto have caused these presents to be executed by their
::. duly authorized officers, and their of ficial seals hereto affixed, the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
a
BY: ' (SEAL)
Director of Aduuinkration m
ATTEST:
Executive Secretary
COMPANY:
FLORIDA EAST COAST RAILWAY
SEAL b
BY:
(SEAL)
1ri-sidenl __. - -_-•-
ATTEST:t•1i.
Secretary
Qv^a
INDIAN RIVER COUNTY, FLORIDA
BY: 1 ��� (SEAL)
(Tide: r ;u�, ucCrc i f
ATTEST- i
Approved as to Form, Legality and Execution Examined and Approved:
Date
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
BY:
Assistant Attorney Division Administrator
,. Federal Highway Admini,�tration
e
80QK *34 FACE
APR 1 9197
t
SECTION UTILITY JOB NO. STATE ROAD NO. COUNTY NAME PARCEL A R/W JOB NO. FAP NO.
000 6908 Main St. Indian River - 1 (SIG -0) RRo-000s(la)
AGENCY
FLORIDA EAST COAST RAILWAY COMMY
A. JOB DESCRIPTION & LOCATION: Install railway signals near Sebastian, Florida.
B. TYPE OF ROADWAY FACILITY: 2 -lane rural
272161-V 214.42
C. FDOT/AAR XING NO.: RR MILE POST TIE:
III.17882
D. 'TYPE SIGNALS PROPOSED: _ CLASS -III INDEX:
SCHEDULE OF ANNUAL COST OF AUTOMATIC
HIGHWAY GRADE CROSSING TRAFFIC CONTROL DEVICES
Annual Maintenance Cost Exclusive of Installation
CLASS DESCRIPTION COST*
I Flashing Signals - One Track $ 650.00
H Flashing Signals - Multiple Tracks $ 860.00
III Flashing Signals and Gates - One Track $ 980.00
IV Flashing Signals and Gates - Multiple Tracks $1,230.00
*Effective February 3, 1971
AUTHORITY: FLORIDA ADMINISTRATIVE RULE 014-46.02
Responsibility for the Cost of Automatic Highway
Grade Crossing Traffic Control Devices
EFFECTIVE DATE: February 3, 1971
GENERAL AUTHORITY: 20.05, F.S.
SPECIFIC LAW IMPLEAIENTED: 338.21, F.S.
APR 19 1978
j
I
l
6
I
BILE: MP 214+2238a
PIECE, VS,
• :.._ .. c-::, c^ � .1915
. � tt�r;��-F•
IdATEO COST TO ADD GATES TO EXISTING FLASHING LIGHT
ESTI } D.O.T. N0. 272161'�'�
SIGNALS AT t�QYr,THERFL RIDA DEPARTMENTCOF TRANSPORTATION
I
AS PROPOSED _
,..$ 6,330.00 s
520.00 g
Gate assemblies.........................
...........:...... 700.00
Foundations for gate assemblies.••
158.00
s
f Batteries.......... box. _ 780.00
Battery......:....................;.....•.. 95.00
Underground cable. ... ...........450.00
Underground P.V.C. pipe.. .....................
................... •500.00
Electric service:....••••••• .....
•• 490.00
Miscellaneous small items of material... 2,
...................... 300.00
Labor ...i••'...................... ..•...............•... 760.00
. .
Supervision.' ...... 150.00
Gang expenses........................~................. 425.00
Rental of trucks.
Rental of trencher............. 500.00 y
Rental of boring machine.......... ::....•.•••.•.••........
363.00 '
. Railroad retirement ... .............. _______.---
43000
Freight and handling .•••••••••••' $14,851.00
Sub-total a 5.00 x
Less salvage $14,946.00
TOTAL
FLORIDA EAST COAST RAILWAY COMPANY
• OFFICE OF SUPT.. SIGNALS & CON�MUNICATIONS
• { pan �
ST. AUGUSTINE, FLORIDA , j-,�N�.--,
FEBRUARY x, 1978
APR 191978 Boa 34 PmE
G
ATTORNEY COLLINS ANNOUNCED THAT ATTORNEY EUGENE O`NEILL HAS
BEEN DESIGNATED AS THE ATTORNEY TO BE IN CHARGE OF.THE OBSERVANCE OF
. ;
LAW DAY AND HAS FORWARDED A PROCLAMATION WHICH HE WOULD LIKE THE CHAIR-
i MAN TO SIGN.
CHAIRMAN WODTKE THEREUPON SIGNED AND ISSUED THE FOLLOWING
PROCLAMATION DESIGNATING MAY 1, 1978, LAW DAY U.S.A.
I P'RO' CL AMAT TON
America was born to be a just society.
The U.S. Constitution eloquently voiced this aspiration of the
Declaration of Independence. More important, it launched our nation
on a search for justice that has been pursued to this day.
The judiciary, bar and public must'be constantly vigilant to
examine, and reexamine, efforts to improve the administration of
justice so that the high goal of "equal justice" can be achieved.
As responsible citizens we can, and should, become more aware
of the needs and problems of our Courts and legal system and our role
® in support of them.
It is fitting, therefore, that on the occasion of the 21st an-
nual nationwide observance of LAW DAY U.S.A. on May 1, we, as citizens
of this state and nation, reflect on our great heritage and participate
in bar association -sponsored community programs in recognition of the
special day set aside by Congress and Presidential proclamation.
The theme selected for LAW DAY is, The Law: Your Access to
Justice.
I. WILLIAM C. WODKE, JR., Chairman of the Indian River County
Board of County Commissioners, do hereby proclaim Monday, May 1, 1978,
as
LAW DAY U.S.A.
in Indian River County, and call upon all citizens of this County to
join in its meaningful observance through court visitations, appropriate
ceremonies, programs and educational activities.
IN WITNESS WHEREOF, I have hereunto set my hand this 19th day of
r April, 1978.
i
T
William C. Wodke, r., iairma o
Indian River County Board of County
{ Commissioners
1
68
Boa 34 PAGE 3_1 31
APR 191978
►.. .
�I
ATTORNEY COLLINS STATED THAT EVENTS HAVE OCCURRED RECENTLY
WHICH PROBABLY WOULD CONSTITUTE A DEFAULT OF MID FLORIDA IN REGARD TO
PROVIDING SERVICES TO THEIR FRANCHISE AREA, AND HE SUGGESTED THAT THE
BOARD MIGHT WANT TO DRAFT A LETTER TO MID FLORIDA DECLARING THE AREA
OF DEFAULT.AND GIVING TIME FRAMES WITHIN WHICH THESE AREAS ARE TO BE
RECTIFIED.
CHAIRMAN WODTKE AGREED THAT THIS WOULD BE APPROPRIATE AND
STATED THAT HE HAS ASKED FOR A MEETING WITH THE PARENT COMPANY THE
LATTER PART OF THIS WEEK.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO WRITE MID
FLORIDA UTILITIES AND OUTLINE THE AREAS OF DEFAULT.
ATTORNEY COLLINS ANNOUNCED THAT THE CITY OF VERO BEACH HAS
FORWARDED TO THE BOARD A CONTRACT ENTITLED TEMPORARY EMERGENCY WATER
SERVICE AGREEMENT, WHICH SETS OUT TERMS FOR THE TEMPORARY WATER SUPPLY
BEING SUPPLIED TO MID FLORIDA BY THE CITY.
THE ATTORNEY DISCUSSED PARAGRAPH 22 WHICH STATES THAT MID
FLORIDA SHALL PREVENT EXCESSIVE USE AND WASTE OF WATER BY ITS CUSTOMERS,
AND THAT MID FLORIDA AND THE COUNTY SHALL TAKE ALL NECESSARY STEPS,
INCLUDING THE ENACTMENT OF NECESSARY ORDINANCES AND/OR REGULATIONS,
TO ENFORCE THIS PARAGRAPH. ATTORNEY COLLINS INFORMED THE BOARD THAT
HE IS OPPOSED TO MAYOR 8CURLOCK'S INTERPRETATION OF THIS PARAGRAPH IN
HIS LETTER OF APRIL 18TH, WHICH WOULD GRANT ADDITIONAL POWERS TO THE
FRANCHISE HOLDER.
ATTORNEY COLLINS CONTINUED THAT IN PARAGRAPH 18 THE COUNTY
IS BLINDLY INDEMNIFYING THE CITY FOR ANY DAMAGES THAT MAY ACCRUE FROM
SUPPLYING THE WATER TO MID FLORIDA AND HE FELT THIS CREATES A LIABILITY
OF WHICH THE COUNTY SHOULD BE AWARE. HE NOTED THAT PIPES COULD BREAK
FROM INCREASED PRESSURE, AND A MYRIAD OF THINGS COULD HAPPEN.
CHAIRMAN WODTKE POINTED OUT THAT THIS IS AN EMERGENCY SITUA-
TION AND EXTENDS ONLY UNTIL .JULY 1ST.
COMMISSIONER SIEBERT AGREED THAT THIS IS AN EMERGENCY] AND
HE FELT THE CITY SHOULD BE HELD HARMLESS AND THAT THERE IS NO REASON
t. FOR US TO DISPUTE THIS PROVISION. .
69
f
CHAIRMAN WODTKE NOTED THAT ONLY THROUGH THE QUICK ACTION OF
MR. LITTLE, THE UTILITIES DEPARTMENT, AND THE CITY COUNCIL, WERE WE
ABLE TO AVERT A VERY SERIOUS SITUATION. HE STATED THAT HE WISHED TO
THANK THE CITY OF VERO BEACH FOR COMING THROUGH WITH AN EXTRA SPECIAL
EFFORT AND DOING AN OUTSTANDING JOB IN SOLVING TEMPORARILY AN EMERGENCY
PROBLEM. THE CHAIRMAN CONTINUED THAT THE AGREEMENT IS ONLY A TEMPORARY
ONE AND WILL IN NO WAY SOLVE MID FLORIDA'S PROBLEM SO WE MUST -GET
TOGETHER WITH MID FLORIDA IMMEDIATELY TO WORK ON THIS PROBLEM. CHAIR-
MAN WODTKE RECOMMENDED THAT WE SIGN THE TEMPORARY EMERGENCY WATER
SERVICE AGREEMENT AND TAKE EVERY STEP WE CAN TO ASSIST IN BEING SURE
THAT THE USE OF WATER IS HELD TO A MINIMUM.
COMMISSIONER LOY ASKED WHAT EFFORTS MID FLORIDA HAS MADE TO
CONTACT THEIR CUSTOMERS IN REGARD TO CURTAILING USE OF WATER, AND IRA
MCALLISTER, LOCAL MANAGER FOR MID FLORIDA UTILITIES, STATED THAT NOTHING
HAS BEEN DONE BEYOND WHAT THE CUSTOMERS HAVE LEARNED THROUGH THE NEWS
MEDIA AND THE FIRST NOTIFICATION.
COMMISSIONER Loy STATED THAT SHE DID NOT APPRECIATE MID
FLORIDA'S STATEMENT THAT THEIR CUSTOMERS WEREN'T PAYING ATTENTION AND
WERE STILL WATERING THEIR LAWNS AS SHE DID NOT FEEL THEY HAVE BEEN
ADEQUATELY APPRISED OF THE SITUATION. SHE FELT IT WOULD BEHOOVE MID
FLORIDA TO NOTIFY THEIR CUSTOMERS OF THE CIRCUMSTANCES.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED THE TEMPORARY EMERGENCY WATER
SERVICE AGREEMENT BETWEEN THE CITY OF VERO BEACH, MID FLORIDA, AND
THE COUNTY, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN.
e
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Boos 34 PAcF
I
TEMPORARY EMERGENCY 14ATER SERVICE AGREEMENT
MID -FLORIDA UTILITIES, INC., a Florida corporation, (Mid -
Florida), the CITY OF VERO BEACH, a municipal corporation of the
State of Florida, (City), and INDIAN RIVER COUNTY, FLORIDA, (County),
hereby agree as follows, this day of April, 1978:
WHEREAS, Mid -Florida provides from its own well -fields water to
a service territory adjacent to and south of the city limits of.the
City; and,
WHEREAS, Mid -Florida is experiencing customers' demand for
water in excess of its well field capacity at this time due to the
lack of sufficient rainfall to recharge said well fields; and,
WHEREAS, Mid -Florida and the County have requested that the
City supply water to Mid -Florida as temporary emergency service; and,
WHEREAS, the City agrees to supply water only under the terms
and conditions as are stated herein;.
NOW, THEREFORE, the parties hereto -agree as follows:
1. The City shall..have no responsibility to provide any
services to the service territory of Mid -Florida except as specified
in this agreement.
2. The City makes no guaranty of water quality, availability
of any quantities of water at any pressure for any usage whatsoever,
including fire fighting.
3. Any water to be provided hereunder by the City to Mid -
Florida shall be subject to the availability of said water in the
City'.s water system utilizing only the City's present well fields and
present water treatment plant, and shall be available only when said
capacity, or any part thereof, can be provided by the City to Mid -
Florida without requiring any of the City's current or future water
.customers to restrict or curtail, even slightly, their usage of City
water.
4e Mid -Florida hereby grants the City all rights needed to
connect to the Mid -Florida system at the three.(3) locations noted
below.
5. Mid -Florida assumes all responsibility for any and all
damage, loss, or destruction to any part or all of Mid -Florida's
APR 19 1978 -
BOOK
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'34 PAurF 3 S
P11
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system. Mid -Florida hereby agrees that any and all loss, damage,
or destruction of all or any part of the Mid-Florida.system or
its customers' systems, and any of its customers' property arising
out of any water pressure, or lack of water pressure, or for any
other loss, damage, or destruction, arising out of service provided
S&t vikq
under this agreement, orA outside of this agreement, whether or not
same results from the sole negligence of the City's employees or
city's agents, shall be the sole responsibility of M -id -Florida or
g
its successors.
6. The service to be provided under this agreement is limited
`
to assisting Mid -Florida in meeting its demand above its current
availability of water within the Mid -Florida service territory, in-
cluding Mid -Florida's wells, and Mid -Florida hereby agrees that it
will at all times utilize its wells to the greatest extent possible
and will utilize the City's water only to the extent absolutely
.necessary to meet the demand of Mid -Florida's customers above Mid -
Florida's ability to serve. Mid -Florida shall utilize its best
efforts to alleviate its"`problems of water shortage by taking all
reasonable acts necessary to clean, renovate, or modify its existing
wells to procure additional water therefrom.
7. The City shall not be required to supply to Mid Florida in
excess of 100,000 gallons for any one day. Mid -Florida shall pay
the City 75C per each 1,000 gallons of each day's first 100,000
gallons, with a minimum charge of $75.00 per day irrespective of
actual usage. In the event that Mid -Florida takes more than 100,000
gallons of water on any day, it shall pay a charge of 90t for each
thousand gallons over that day's 100,000 gallons. A day shall be
from noon to noon.
8. The City has heretofore provided for the temporary emergency
use and availability of water to the Mid -Florida system, a 4" fire
•
hose between a fire hydrant of the City's system and a fire hydrant
of Mid -Florida's system, at 5th Avenue and 18th Street. This fire
hose connection has been removed upon the installation of both the
6" water main and the -8" water main described below. Mid -Florida
f,
shall pay to the City for said fire hose the City's total cost thereof,
plus 10%, plus installation labor plus 30% thereof. Title to said
v 2 -
APR 91978�oox
34 QAsr 311
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line shall vest in Mid -Florida upon the execution of this agreement
irrespective of'the time that said hose was installed or used in
its initial installation.
9. The City has installed a 6" underground water main with
appropriate valves and has installed or shall install a meter at
18th Street and 6th Avenue,.to temporarily connect the City's water
system to the water system of Mid -Florida. Title thereto shall remain
with the City.
10. The City has installed a 8" water main with appropriate
valves and has or shall install a meter at 12th Awe from the south
entrance of Vero Mall Shopping Center as a temporary emergency
connection to a connection point on Mid -Florida's system. Title
thereto shall remain with the City.
11. The City shall provide all materials, supplies and labor for
the construction and installation of the water mains and associated
parts thereof described in paragraphs 9 and 10, above. Mid -Florida
shall pay to the City, the City's actual supply and material costs
(exclusive of meters), plus 10% thereof, and the City's actual labor
provide water meters.
s 30o thereof, including labor to p
costs,,plu %
12. Mid -Florida shall tender to the City not later than noon on
April 20, 1978, a cashier's check in the amount of $5,000.00 in U.S.
currency as security deposit for all costs of materials, supplies,
valves, etc., labor, and water.
13. The City shall bill Mid -Florida on the first day of each
month for service rendered during the preceding month. Each bill
shall include any applicable material, supplies, etc., and/or labor
expenses (plus percentage overrides) incurred by the City on behalf
of Mid -Florida during the preceding month. Provided, however, any
expenditures for labor, materials and supplies, etc., other than the
4" fire hose and the two water mains, valves, etc., described above,
shall be subject to the approval of Carl D. Overstreet, Vice -President,
Mid -Florida. However, said approval is not required for inspections,
testing, etc., noted in paragraph 20, herein. Mid -Florida shall pay
each invoice in full not later than the 15th day of the invoice month.
All invoices shall be paid in full without off -set of any security
deposit or deposits. All security deposits shall be utilized only to
- 3 -
APR 191978 BOOK 34 PAcE 318
W
11
off -set the final invoice of this agreement. Contract disputes shall
not be a ground or excuse for failure.to tender prompt payments of
said bills. {
14. Mid -Florida has the right to terminate service hereunder
upon giving the City twenty-four (24) hours written notice of such
intent, effective at midnight, subject to Mid -Florida's then incurred
liability for materials, supplies, etc.., labor and water utilized
by or on behalf of Mid -Florida to the hour of actual termination of
2
water service. Discontinuance of service, by request of Mid -Florida
or at the option of the City, shall not release Mid -Florida from its
obligations to pay all bills in accordance with this agreement, or
any other obligations hereunder.
15. This agreement shall not be assigned, transferred, or
hypothecated without the prior express written consent of the City,
and any such attempt shall be void ab initio.
16. This agreement shall terminate in all events not later
than July 1, 1978 without further actiom by any party hereto and
3
without liability of any nature whatsoever by the City, except to
refund the balance then due on the security deposit. The service a
availability of water hereunder is also subject to restriction or
total termination by the City upon two (2) hour prior oral notice
to Mid -Florida if the City determines in its sole discretion that
the service provided hereunder is having a detrimental effect on any
part of the City's water system or on any of its then existing 1
customers.
17. No officer, official or agent of the City has the power or
y
authority to amend, modify or alter this agreement or waive any of 3
its conditions or to bind the City by making any promise or repre-
sentation not contained herein.
18. The City will not be responsible for damages due to any
interruption or failure to supply water and shall be saved and held
s
harmless by the County and Mid -Florida from all damage of any kind,
nature and description which may arise as a result of making this
agreement or furnishing water hereunder, including violations of ;
1
t any laws, rules, or regulations.
19. Mid -Florida shall maintain complete records of the daily
APR i 9 1978
-4-
BOOK
34- PAGE 319
production of water from its treatment facilities and these records
shall be available for inspection and copying by the City at all
reasonable times.
20. The City reserves the right to inspect, test, repair, or
replace the above described water lines, valves, meters, etc., as
required. uired. Such replacements or repairs, if any,.shall be charged
-
to and paid for by Mid -Florida.
21. The water to be supplied hereunder is to be used only -by
Mid -Florida's customers,
and shall not be for resale.
-
22. Mid -Florida shall prevent excessive use and waste of
water by its customers, including watering of lawns. Mid -Florida
and the County shall take all steps necessary, including the enact-
a
ment of necessary ordinances and/or regulations, to enforce this ¢
paragraph.
23. The City may either in law or equity, by suit, mandamus
or other proceedings, enforce or compel performance of any and all 5
of the terms, covenants and conditions herein contained.
24. To secure prompt payment of the water bills, the City has
the right at any time to demand and require Mid -Florida to pay in ! }
advance a sum of money as an additional security deposit or deposits
ual to Mid -Florida's costs, including
estimated by the City to be eq
charges for excess water, for a period of thirty (30) days at the
contract rate as stated herein, which said advance payment Mid -Florida
agrees to pay upon demand therefor by the City.. It is likely such
additional deposit(s) shall be required if Mid -Florida utilizes water
in excess of.100,000 gallons for any day. a
25. The City reserves the right of its City Manager or Manager
of Water and Sewer to decide all questions arising as to the proper
performance of this contract.
26. No present or future customers of Mid -Florida are third -
party beneficiaries under this contract and none of them shall have
any rights hereunder or any standing to enforce any rights of Mid -
Florida.
27. Mid -Florida agrees to pay City reasonable attorney's fees
in the event City requires the services of its City Attorney or any
other attorney or attorneys to collect any charges or bills rendered
- 5 - -
APR 19 1978 BOD:( 34 pvil2v.
to Mid -Florida hereunder or to protect the interest of the City, or
in the event Mid -Florida violates any of the terms, conditions, or
covenants on the part of Mid -Florida herein contained.
28. City reserves the right to terminate this agreement upon
the failure of Mid -Florida or the County to fully perform all terms,
conditions, and covenants herein contained, upon twenty-four (24)
hours advance written notice to Mid -Florida and the County.
29. This agreement shall not become effective until same shall
be executed by all three (3) parties hereto.
IN WITNESS WHEREOF, the duly authorized officials of the City,
County, and Mid -Florida Utilities, Inc., have executed this Temporary
Emergency Water Service Agreement in triplicate, any copy of which
three may be deemed an original, the date and year first above written.
CITY 0 VERO BEACH, FLORIDA
By C
Don Sucr oc , Jr., May -
(Seal)
ATTEST:.
By
Approved as to form: 4 a R. teven , City Clerk
Lomas C. Palmer
City Attorney INDIA14 RIVER COUNTY, FLOR DA
By Q %Uri
_
William C. Wodtke, Jrk/, Chairman,
Board of County Commissioners
ATTEST: 1
(Seal) By J
Freda Wright, ClerjV
Ap ved as fo
GVb
rge Collins, Jr.,
County Attorney
MID -FLORIDA UTI ITI S, INC.
By �i Fi.L
CarlD. 0 erstreet, Vice -Press ent
ATTEST:
By
o D. Lang, Ass stant Secretary
a
- 6 -
ATTORNEY COLLINS REPORTED THAT IN REGARD TO THE CONTINUING
DRAINAGE PROBLEM IN ROSELAND, WHICH THE BOARD HAS ADDRESSED MANY TIMES
OVER THE YEARS, HE NOW HAS PREPARED AN EASEMENT WHICH SHOULD CLEAR
UP THE PROBLEMS. HE INFORMED THE BOARD THAT ONE OF THE PROPERTY
OWNERS HAS REQUESTED THAT THE COUNTY ENTER INTO AN AGREEMENT WITH HIM
ASSURING THAT CERTAIN THINGS WILL BE DONEE IN RETURN FOR THE EASEMENT
HE IS PREPARED TO GIVE. BASICALLY THE NATURE OF THE AGREEMENT IS
THAT THE COUNTY WILL DO CERTAIN FILLING ON THIS PARTICULAR PIECE OF
PROPERTY AND PUT IT IN A CONDITION WHERE CERTAIN PERMITS CAN BE ISSUED,
THE ATTORNEY NOTED THAT THE ADMINISTRATOR FEELS THIS IS FEASIBLE AND
THAT THE EASEMENT IS CONSISTENT WITH THE SERVICES THAT WILL BE PROVIDED.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO TAKE
WHATEVER ACTION IS NECESSARY TO SATISFY THE CONCERN OF. CHRISTOPHER N.
KIRRIE IN CONSIDERATION FOR MR. KIRRIE GRANTING A DRAINAGE EASEMENT TO
THE COUNTY,
DR. C. C. FLOOD, COUNTY HEALTH DIRECTOR, REPORTED THAT TO
PREVENT A POSSIBLE OUTBREAK OF ENCEPHALITIS, WHICH IS CAUSED BY MOSQUI-
TOES, THEY ARE PLANNING TO PUT CAGES OF CHICKENS IN THREE OR FOUR
STRATEGIC AREAS OF THE COUNTY. BY TAKING BLOOD SAMPLES FROM THESE
CHICKENS, THEY CAN DETERMINE IF THEY HAVE BEEN EXPOSED TO ENCEPHALITIS,
AND IF THE SAMPLES SHOULD PROVE POSITIVE, THEY THEN WOULD INCREASE
THEIR ACTIVITIES WITH MOSQUITO CONTROL. DR. FLOOD ESTIMATED THAT
THE COST OF THIS PROJECT WOULD AMOUNT TO ONLY ABOUT $100.
CHAIRMAN WODTKE ASKED IF THE COUNTY HAS RECEIVED ANY FURTHER
.INFORMATION ABOUT THE BUILDING BOARD OF APPEALS.
ATTORNEY COLLINS REPORTED THAT HE ATTENDED THE CITY COUNCIL
MEETING LAST NIGHT, AND THEY HAD THE FIRST READING ON THEIR ORDINANCE
REMOVING THE CITY ENGINEER FROM THE MAKEUP OF THE BOARD. HE STATED
THAT HE DOES NOT HAVE THEIR LATEST DRAFT OF THE ORDINANCE.
CHAIRMAN WODTKE INFORMED THE BOARD THAT HE RECEIVED A LETTER
FROM MAYOR SCURLOCK DATED APRIL 5TH REQUESTING A JOINT WORKSHOP ON
WATER/WASTE WATER NEEDS. HE NOTED THAT THIS TENTATIVELY HAD BEEN PUT
77
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BOOKJ4 PAGE',�W
11
ON THE AGENDA FOR THIS AFTERNOON, BUT MAYOR SCURLOCK, WHO APPARENTLY
ASSUMED THAT WE HAVE MORE INFORMATION ON THE HOBART PARK AREA THAN WE
DO AS YET, INFORMED HIM THAT THE CITY WANTED TO HAVE A THREE OR FOUR
HOUR MEETING WHERE THEY COULD REALLY WORK AND COME TO SOME CONCLUSIONS.
THE CHAIRMAN CONTINUED THAT THE CITY IS GOING.TO HAVE A WORKSHOP SESSION
THIS WEEK AND REACH SOME DECISIONS, AND HE HAS INDICATED TO THE CITY
THAT THE BOARD ALSO WILL HAVE A WORKSHOP SESSION WHEN WE DETERMINE OUR
SITUATION AT HOBART PARK. CHAIRMAN WODTKE STATED THAT IT IS NECESSARY
THAT BOTH THE CITY AND THE COUNTY DETERMINE WHAT EACH WANTS AND IS
WILLING TO DO AND MAKE SOME CONCRETE PROPOSALS SO A POLICY CAN BE SET
UP BEFORE MUCH LONGER,
CHAIRMAN WODTKE INFORMED THE BOARD THAT THE GIFFORD WATER AND
SEWER ADVISORY COMMITTEE IS GOING TO DO AN IMMEDIATE SURVEY OF THE
PRESENT AREA BEING SERVED, WHICH IS BEING RENOVATED, TO SEE WHAT ADDI-
TIONAL CUSTOMERS CAN BE -PICKED UP. HE NOTED THAT A QUESTION HAS
ARISEN AS TO WHETHER THE $200.00 TAP -IN FEE CAN BE PAID OVER A PERIOD
OF TIME OR WHETHER IT MUST BE PAID IN ADVANCE, AND HE QUESTIONED IF THE
BOARD LEGALLY COULD ALLOW INSTALLMENT PAYMENTS.
ATTORNEY COLLINS STATED THAT HE FELT SINCE THE BOARD.CAN
LEGISLATE A TAP -IN FEE, THERE IS NO REASON THEY CAN `T LEGISLATE A TIME
PAYMENT.
DISCUSSION FOLLOWED AS TO WHETHER ANY OF THIS COULD BE DONE
UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AND COMMISSIONER
SCHMUCKER STATED THAT THIS COULD NOT BE COVERED IN THE PRESENT APPLICA-
TION, BUT POSSIBLY COULD BE INCLUDED AT A LATER TIME.
COMMISSIONER Loy INQUIRED ABOUT CHARGING INTEREST, AND IT WAS
AGREED THAT THERE SHOULD BE SOME INCENTIVE TO MAKE THE PAYMENT IN A
LUMP SUM RATHER THAN AS A TIME PAYMENT.
INTERGOVERNMENTAL COORDINATOR THOMAS POINTED OUT THAT ALTHOUGH
THE LUMP SUM PAYMENT IS PREFERABLE, YOU ALSO WANT TO ATTRACT AS MANY
CUSTOMERS AS POSSIBLE.
DISCUSSION CONTINUED IN REGARD TO VARIOUS PAYMENT PLANS.
APR 19 1978
r
BOOK 34 PAGF. 323
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CHAIRMAN WODTKE STATED THAT HE WOULD LIKE TO LET THE CUSTOMERS
i
PAY THE TAP -IN FEE OVER A PERIOD OF TIME BUT DID NOT FEEL WE SHOULD
EXTEND IT ANY FURTHER THAN 12 MONTHS. HE FELT A QUESTIONNAIRE SHOULD
BE CIRCULATED TO DETERMINE THE METHOD OF PAYMENT DESIRED. THE CHAIRMAN
NOTED THAT THE FHA, BECAUSE OF THE RATE STRUCTURE, WILL NOT REQUIRE A
USER AGREEMENT TO BE SIGNED, AND THEY HAVE INDICATED THAT MORE MONEY
•
IS AVAILABLE, IF NEEDED.
CHAIRMAN WODTKE NEXT REPORTED THAT THE TOURIST DEVELOPMENT
TAX BOARD HELD ITS FIRST MEETING AND REACHED A UNANIMOUS DECISION TO
PUT THIS MATTER ON THE SEPTEMBER BALLOT BECAUSE, IF IT PASSED, THE TAX,
WHICH BEGINS THE MONTH AFTER THE VOTE IS TAKEN, WOULD BE IN ACCORD
WITH THE COUNTY'S FISCAL PERIOD. HE STATED THAT THEY HAVE ESTABLISHED
A BUDGET AND FINANCE COMMITTEE WHICH WILL WORK ON HOW THE MONEY IS TO
BE UTILIZED. THIS COMMITTEE IS REQUESTING THAT ANY ORGANIZATIONS
WITH PROJECTS THAT WOULD QUALIFY FOR FUNDING CONTACT THEM AND STATE
IN DETAIL WHAT THE USE WOULD BE AND THE AMOUNT INVOLVED SO THEY CAN
DETERMINE PRIORITIES. THE CHAIRMAN STATED THAT HE WOULD LIKE TO ASK
A COMMISSIONER TO WORK WITH THE PLANNING DEPARTMENT AND SEE WHAT -WE
CAN COME UP WITH THAT WOULD QUALIFY FOR THIS FUNDING.
ATTORNEY COLLINS AGREED THAT IT IS CRITICAL THAT THE COUNTY
COME UP WITH A PLAN NOW IN ORDER TO ESTABLISH THE PATTERN IN FUTURE
YEARS. IT WAS FELT THAT ANY OF THE COUNTY PARKS WOULD (QUALIFY UNDER
THIS PROGRAM.
COMMISSIONER SIEBERT INFORMED THE BOARD THAT THE INTERGOVERN-
MENTAL COORDINATOR HAS DONE A LOT OF WORK ON THE TITLE IW FUNDS FOR
THE FIRE DEPARTMENTS THIS YEAR AND HAS MANAGED TO CONTACT ALL OF THEM.
HE INFORMED THE BOARD THAT COORDINATOR THOMAS HAS BEEN DISCUSSING THIS
WITH THE FORESTRY SERVICE, AND THEY SEEM TO THINK WE MIGHT BE ABLE TO
GET $1,000 PER DEPARTMENT INSTEAD OF ADDING THEM UP AND TAKING THE
PERCENTAGE. THIS WOULD BE A TOTAL OF NOT MORE THAN $5,000, AND, OF
COURSE, WOULD REQUIRE A LOCAL MATCH OF $5,000.00. COMMISSIONER SIEBERT
POINTED OUT THAT ACTUALLY IT IS A MATTER OF PAY IT NOW OR PAY IT LATER,
AND WHATEVER WE CAN GET UNDER THIS PROGRAM, WE DON'T HAVE TO DUPLICATE
AT BUDGETTIME. THE BOARD AGREED WITH HIS THINKING.
79
BOOK 4 PAu 394
0
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE INTERGOVERNMENTAL CO—
ORDINATOR TO PARTICIPATE IN THE FORESTRY DEPARTMENT TITLE IV PROGRAM
UP TO A MAXIMUM OF $5,000 AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN
ON THE APPLICATION.
COMMISSIONER SIEBERT THANKED THE BOARD MEMBERS FOR SPENDING
P
A GREAT DEAL OF TIME INTERVIEWING THE CANDIDATES FOR THE POSITION OF
S
PLANNING AND ZONING DIRECTOR. DE NOTED THAT HE, THE ADMINISTRATOR,
AND THE PERSONNEL DIRECTOR, HAVE NOW REVIEWED ALL THE COMMENTS ON THE
4
• s
CANDIDATES, AND IT APPEARS THAT ANY ONE OF THE THREE WOULD BE ACCEPTABLE
a
TO THE MEMBERS OF THE BOARD. THEY ARE, THEREFORE, NOW REQUESTING THAT
ADMINISTRATOR .JENNINGS BE AUTHORIZED TO PROCEED WITH THE ADMINISTRATIVE
FUNCTIONS NECESSARY TO HIRE A COUNTY PLANNING AND ZONING.DIRECTOR
BASED ON�A SALARY OF PAY:GRADE 30. - - .
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY AUTHORIZED'THE ADMINISTRATOR TO PROCEED WITH
NEGOTIATIONS IN REGARD TO HIRING A PLANNING AND ZONING DIRECTOR FROM
ONE OF THE THREE PERSONS INTERVIEWED YESTERDAY, THE SALARY TO BE
ESTABLISHED AT PAY GRADE 30.
ADMINISTRATOR JENNINGS NOTED THAT THE BOARD HAS RECEIVED
COPIES OF THE PROPOSAL FROM VINCENT AMY, GEOLOGIST, OF THE FIRM OF
GERAGHTY & MILLER, RE MAKING A STUDY TO DETERMINE WATER SOURCES AND
SUPPLY IN THE HOBART PARK AREA.
CHAIRMAN WODTKE STATED THAT IF THE BOARD HAS NO OBJECTION,
HE WILL AUTHORIZE MR. AMY TO GO AHEAD WITH THE SMALL DIAMETER BORINGS,
AND THEN WE CAN DISCUSS THE OPTIONAL WORK LATER. HE STATED THAT HE
WILL WRITE A LETTER ABOUT THE PROPOSAL.
THE BOARD HAD NO OBJECTIONS.
COMMISSIONER SIEBERT INFORMED THE BOARD THAT HE FEELS THINGS
ARE .GETTING OUT OF HAND IN REGARD TO MATTERS COMING IN.LATE FOR THE
AGENDA AND BEING BROUGHT UP AS EMERGENCY MATTERS,
CHAIRMAN WODTKE AGREED AND FELT THAT EVERYONE SHOULD MAKE
AN EFFORT IN THIS REGARD.
1 � I
APR 191978�or>34
r •�
ADMINISTRATOR JENNINGS REPORTED ON EVALUATION OF THE BIDS
RECEIVED ON THE AIR CURTAIN DESTRUCTOR AND COMBUSTION CHAMBER AND
RECOMMENDED ACCEPTING THE BID OF W. A. KUTRIEB, INC., IN THE AMOUNT
OF $31,840. HE STATED THAT HE WOULD LIKE TO PROCEED WITH THIS BECAUSE
IT WILL EXTEND THE LIFE OF THE LANDFILL.
COMMISSIONER LOY ASKED IF THERE IS ANY QUESTION ABOUT OUR
BEING ABLE TO PURCHASE THIS ADDITIONAL EQUIPMENT.
THE ADMINISTRATOR FELT THERE IS NO PROBLEM AS LONG AS THE
EQUIPMENT IS USED IN THE LANDFILL AND REASONABLY RELATED TO THE NEEDS
OF THE LANDFILL.
CHAIRMAN WODTKE NOTED THAT HE ORIGINALLY HAD THOUGHT THIS
WOULD AMOUNT TO JUST $30,000, BUT BY THE TIME WE BUILD THE ROAD TO IT
AND THE STAGING AREA, IT WILL BE AROUND $60,000.
ADMINISTRATOR .JENNINGS CONFIRMED THAT THE COST OF INSTALLATION
WOULD BE AROUND $30,000, BUT POINTED OUT THAT AN AIR CURTAIN DESTRUCTOR
WOULD NOT ONLY REDUCE CHARGES, BUT ALSI) GREATLY INCREASE THE LIFE OF
THE LANDFILL. HE STRESSED THAT THIS IS A METHOD APPROVED AND ENDORSED
BY THE DER.
CHAIRMAN WODTKE EXPRESSED CONCERN ABOUT THE STATEMENT THAT
THIS WILL REDUCE THE CHARGES AT THE LANDFILL. HE NOTED THAT HE HAS
NO PROBLEM WITH EXTENDING THE LIFE OF THE LANDFILL, BUT WHEN WE TALK
ABOUT LOWERING THE RATES, HE FEELS THIS COULD BE MISLEADING BECAUSE.
WE HAVE TO PAY THE BONDS OFF AND HAVE A CERTAIN RATE OF INCOME.
ADMINISTRATOR .JENNINGS-EXPLAINED THAT WHAT HE MEANT WAS THAT
WITH THIS EQUIPMENT, WE HAVE A POSSIBILITY OF REDUCING THE COST OF
CERTAIN MATERIALS THAT GO INTO THE LANDFILL. IT WILL HAVE NO AFFECT
ON GARBAGE AND THAT TYPE OF THING, BUT IT CAN REDUCE THE COST TO THE
SALVAGER OR WRECKER WHO BRINGS IN MATERIALS THAT CAN BE BURNED.
CHAIRMAN WODTKE ASKED IF RECORDS ARE BEING KEPT AS TO THE
TYPE OF MATERIAL THAT IS COMING IN NOW.
ASSISTANT ADMINISTRATOR NELSON STATED THAT RECORDS ARE BEING
KEPT, AND IT IS RUNNING ABOUT.15% THAT TYPE OF MATERIAL.
APR 19 BOOK 34 PAGF.326,
ADMINISTRATOR JENNINGS POINTED OUT THAT THE CONTROL OF THE
CHARGES LIES WITH THE BOARD AND THE BOARD OBVIOUSLY WILL NOT ADUST
THESE BELOW WHAT IS NECESSARY TO MEET THE BOND REQUIREMENTS. HE FELT
THAT ANYTHING THAT WILL EXTEND THE LIFE OF THE LANDFILL IS WORTHWHILE.
CHAIRMAN WODTKE NOTED:THAM WHEN WE.WENT INTO THE LANDFILL
AND SET OUR FEES AND CHARGES, IT WAS BASED UPON AN ENGINEERING ESTIMATE
OF WHAT WAS GOING IN THERE, AND WE HAD A LOT OF CONCERN ABOUT HIGH
RATES AND THAT PEOPLE WERE GOING TO DELIVER TEN TIMES THE AMOUNT THAT
WAS ESTIMATED. HE CONTINUED THAT HE WOULD LIKE TO SEE STATISTICS THAT
CAN TELL US WHETHER OUR INCOME IS GREATER THAN ANTICIPATED IN THAT
AREA AND SHOWING THAT WE BRING IN ENOUGH TONS OF THAT TYPE OF DEBRIS
TO JUSTIFY PURCHASING AN AIR CURTAIN DESTRUCTOR. THE CHAIRMAN NOTED
THAT WE JUST AUTHORIZED GETTING THE BIDS TO SEE WHAT THE COST WOULD BE,
AND HE IS'; NOT CONVINCED THAT WE SHOULD GO AHEAD WITH THIS NOW INSTEAD
OF WAITING UNTIL WE REVIEW THE RATES IN .JULY.
ADMINISTRATOR J ENNINGS STATED THAT HE BELIEVED HE COULD COME
UP WITH FIGURES ON THE CURRENT OPERATION TO JUSTIFY THIS PURCHASE AND
WOULD PRESENT THEM AT THE NEXT MEETING.
ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT HE WOULD
RECOMMEND ACCEPTING THE LOW BID OF M. D. MOODY & SONS FOR THE SOIL
STABILIZER. HE NOTED THAT THE OTHER BID WAS FOR A MUCH LARGER AND
QUI. TE DIFFERENT TYPE OF MACHINE. THE ADMINISTRATOR INFORMED THE BOARD
THAT THE MONEY IS BUDGETED FOR THIS EQUIPMENT.
COMMISSIONER Loy SUGGESTED THAT THIS COULD BE PURCHASED OUT
OF,THE SECONDARY ROAD FUNDS, AND THE BOARD AGREED.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF M. D. MOODY & SONS,
OF TAMPA, FOR A REX SOIL STABILIZER WITH QUICK -CHANGE LINES, AS BEING
THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF
$37,737.00. '
THE BOARD THEREUPON RECESSED AT 1:12 O'CLOCK P.M. FOR LUNCH
AND RECONVENED AT 5:01 P.M. WITH THE SAME MEMBERS PRESENT.
a
APR 191978
r
RnclK 34 pul97
r
� k
AV `. .
0
THE.HOUR OF 5:01 O'CLOCK P.M. HAVING PASSED,.THE DEPUTY CLERK
READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED,-TO—WIT:
VERO BEACH PRESS-JOURHAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
PUBLIC HEARING NOTICE
STATE OF FLORIDA
Notice is hereby given that• the County
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
Commission of Indian River County will hold a
public hearing on April 19, 1978 at 5:01 p.m. in
faga that he is Business Manage► of the Vero Beach Press -Journal, a weekly
ng
the Commission Chambers of the Indian River
at Vero Beach in Indian River County, Florida; that the attached copy adertiseementblbe
County Courthouse at 2145 14th Avenue, Vero
Beach, Florida, for the purposes of:
(1) informing the citizens of the County's
intent to file a Preapplication for funding
a T
under the Small Cities Program of the Housing
and Community Development Act of 1977;
(2) Explaining the program, approximate
in the matter of ����
funding level, program requirements, and the
timing and approval procedures relating to the
Preapplication;
(3) Obtaining the views of the citizenry '
regarding community needs and priorities and
receiving public input on how the funds may be
In the Court was pub-
spent;
(4) Explanation of how proposed activities
will benefit low and moderate income families,
7
prevent and eliminate slums and blight,
upgrade the
Iished In said newspaper in the issues of y
neighborhood environment or
improve community services and facilities;
and
•
(5) Briefly discussing the accomplishments
Of past efforts funded with CDBG funds as
contained in the status -report which will ac -
Affiant further saysthat the said Vero Beach Press-Joumal is a newspaper published at
company the Preapplication to be submitted to
the Department of Housing and Urban
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
Development (DHU0) by May 15, 1978.
been continuously published in said Indian River County, Florida, weekly and has been entered
Citizens will have an adequate opportunity to
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
participate in the development of any
for a period of one year next preceeding the first publication of the attached copy of adver-
revisions, Changes, or amendments for ex.
tisement; and affiant further says that he has neither paid nor promised any person, firm or
penditure of Community Development funds at
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
this public hearing.
Boar
BoardCounty Commissioners
tisernet for publication in the said newspaper. _ ,
of Inds River County, Florida
By William C. Wadtke Jr.,
Chairman
Sworn to and subscribed before me this Y f A. . /�— .
Apr. 5,1978.
- M (Basi ess Manager)
(Clerk of the Circuit Court, Indian (er County, Florida)
(seAu
13
EDWARD REGAN, COMMUNITY DEVELOPMENT BLOCK GRANT DIRECTOR,
ANNOUNCED THAT THIS PUBLIC HEARING IS TO GIVE THE CITIZENS OF THE COUNTY
AN ADEQUATE OPPORTUNITY TO PARTICIPATE IN THE DEVELOPMENT OF ANY RE—
VISIONS, CHANGES OR AMENDMENTS TO THE PROPOSED 1975 COMMUNITY DEVELOP—
BLOCK GRANT PRE—APPLICATION. MR. REGAN THEN GAVE A BRIEF SUMMARY
OF THE ACTIVITIES SET OUT IN THEIR PROPOSED BUDGET AND -STATED THAT
.THEY WILL PAVE AS MANY OF THE ROADS LISTED AS MONEY WILL ALLOW. THE
PROPOSED BUDGET AND LIST OF ROADS ARE AS FOLLOWS:
11
i
MOK 34 PAGEcy
TaS
PROPOSED
~COMMUNITY DEVELOPMENT PROGRAM BUDGET
1978
MAJOR ACTIVITY: Estimated Cost
Street paving and drainage $ 156,400
(Engineering studies included)
(See attachment I for list of streets
to be paved and associated drainage.)
ANCILLARY ACTIVITIES:
E dousing Rehabilitation Assistance 50,700
'Farm Workers Council
10 units at $750 = $7,500
Economic Opportunity Council
32 units at $750 = $24,000
Project Administration $19,200
(1) Rehabilitation Project Coordinator
pemolition of Vacant Substandard Units 13,500
Gifford area - 6 units
Wabasso area - 3 units
Oslo area - 1 unit
Planning and Management 10,000
Application, Performance Report, etc. $6,000
Architecture/Housing Studies - 4,000
General Program Administration 61,300
,Salary (including benefits)
Director $20,800
j Housing Coordinator - 16,900
+ Secretary - 10,400
Operational Expenditures 13,200
t .SAL: ' $291,900
• N
APR coax 4 E
9
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11
8it� d Street Qescriptton _
Footage Approx. Cost
ED 5 pave 26th Ave. from N. Gifford to 42nd St.
2,000 $ 30,304.
ED 5 Pave 42nd Pl. from 28th Ave. to railroad
1,600 24,243.
ED 5 Pave 28th Ct. from N. Gifford to 42nd St.
2,000 30,304..
ED 5 Marl 24th AVe. from 43rd to N. Gifford
1,000 4,880.
EQ 6 - Pave 17th AVe. from Barber Ave. north to.
1.050 15,910. 1
• 38th Lane
ED 6 'Pave 38th P1. from 17th Ave. to U.S. 1.
11000, 15,152.
6 Pave 38th St. from 17th Ave. to U.S. 1 -
1,000 15,152.
Wabasso
`
EQ 11 Pave 5$th Ct. from W.-Wabasso Rd. south
660 10,000.
ED 11 Pave 59th Ave. from W. Wabasso Rd..south
660 10,000.
,•.
• ._Oslo Pave 9th Ct., 660 ft. south of Oslo Rd.
660 10,000.
. Marl 8th Ct., 600 ft. north of Oslo Rd.
11500 7,320.
and East 300 ft., and south 600 ft.
s, Options: "
Pave 7th Ct.
933 14,137.
• . Pave S.W. 3rd St. from 8th Ct. to Hassau Ln. 700 10,606_
TOTAL: ; e '
$198-
CHAIRMAN WODTKE ASKED WHY THE LIST OF
STREET IMPROVEMENTS
TOTALS $198,008 WHILE THE APPLICATION LISTS ONLY $156,400 FOR THIS
PURPOSE.
MR. REGAN REPLIED THAT THESE ARE LISTED IN THE PRIORITY
ORDER INDICATED BY THE COMMUNITY DEVELOPMENT CITIZENS ADVISORY COM-
MITTEE AND CAN EXTEND INTO NEXT YEAR.
CHAIRMAN WODTKE THEN ASKED ABOUT THE
$7,500 DESIGNATED -FOR
THE FARM WORKERS COUNCIL -AND WHETHER IT WILL BE
GIVEN DIRECTLY TO THEM.
MR. REGAN EXPLAINED THAT THIS IS FOR
HDUSING REHABILITATION
ASSISTANCE, AND $250.00 IS ALL THAT THE FARM WORKERS
COUNCIL OR THE
EOC ARE ALLOWED TO PUT IN ONE PARTICULAR HOME.
HE NOTED THAT IF YOU
° HAVE MORE THAN ONE PROBLEM IN A HOUSE, $250.00
IS NOT ADEQUATE, BUT WE
CAN GO FURTHER THAN THEY CAN, I.E., GET AN ELECTRICIAN, DO SOME
84
e
REHABILITATION, ETC., AND BY HELPING THEM, WE WILL BE ABLE TO HELP A
LOT MORE PEOPLE THAN IF WE JUST TOOK ONE OR TWO HOMES AND REHABILITATED
THEM UP TO CODE.
CHAIRMAN WODTKE ASKED WHO WILL BE CONTROLLING AND ADMINISTER-
ING THIS WORK?
MR. REGAN STATED THAT THERE WOULD HAVE TO BE SOME AGREEMENT
WITH THE FARM WORKERS COUNCIL OR THE EOC AS TO WHAT THEY ARE DOING,
AND HE NOTED THAT PROVISIONS HAVE BEEN MADE IN THE PROPOSED BUDGET FOR
HIRING A REHABILITATION PROJECT COORDINATOR WHO WOULD BE CHECKING
THIS PROGRAM TO SEE WHAT RESULTS WE ARE GETTING OUT OF THE LIMITED
RESOURCES WE HAVE.
CHAIRMAN WODTKE EXPRESSED CONCERN THAT IF WE COOPERATE WITH
OTHER GOVERNMENTAL AGENCIES IN THIS MANNER, THOSE AGENCIES MIGHT POSSI-
BLY LOSE THE SOURCE OF THEIR FUNDS BECAUSE THE COUNTY'IS WILLING TO
GIVE MONEY TO THEM.
MR. REGAN STATED THAT EXCHANGING SERVICES IN THIS MANNER HAS
BEEN DONE BEFORE AND IS CALLED "NET -WORKING" OF PROGRAMS. HE NOTED
THAT IF THE MONIES GIVEN TO THESE AGENCIES ARE NOT EXPENDED IN THIS
WAY, REGULATIONS REQUIRE THAT THEY GO BACK INTO OUR REHABILITATION PRO-
GRAM.
CHAIRMAN WODTKE ASKED IF MR. REGAN FELT HE COULD CONTROL
THIS ADEQUATELY AND BE RESPONSIBLE FOR THE DOLLARS.
MR. REGAN STATED THAT IF THEY ENCOUNTERED RESISTANCE AND DID
NOT FEEL IT WAS WORKING WELL, THEY WOULD NOT AUTHORIZE ANY MORE FUNDS.
HE INFORMED THE BOARD THAT THEY ARE NOW ACTIVELY ENGAGED WITH TWO CETA
GROUPS WHO ARE WORKING PARKS. CETA FUNDS DO NOT PROVIDE FOR MATERIAL
AND EQUIPMENT SO THAT ARE "NET -WORKING" WITH THOSE TWO OPERATIONS, AND
IT HAS MULTIPLIED THE AFFECT OF WHAT THEY CAN D0,
COMMISSIONER SCHMUCKER COMMENTED THAT WE HAVE BEEN TRYING TO
GET A REHABILITATION PROGRAM GOING FOR YEARS, BUT IT CAME TO A STAND-
STILL WHEN HUD SAID A HOUSE WOULD HAVE TO BE BROUGHT COMPLETELY UP TO
CODE, WHICH WOULD COST $10,000 TO $12,000 PER HOUSE. COMMISSIONER
SCHMUCKER FELT THE PROPOSED PROGRAM IS MORE WHAT WE HAVE BEEN TRYING
TO WORK TOWARDS AND WOULD PROVIDE A BETTER WAY TO IMPROVE MORE HOUSES
FOR A SMALLER SUM OF MONEY. HE NOTED THAT IT SEEMS AS IF THE PROPOSED
BOOK 34 wt
4
f
BUDGET DESIGNATES A LOT OF MONEY FOR ADMINISTRATION, BUT IT IS NECES-
SARY IN ORDER TO ORGANIZE AND MONITOR THESE PROGRAMS.
COMMISSIONER LOY EXPRESSED CURIOSITY AS TO WHY THEY FELT
THE.SUM OF $291,000 MIGHT BE AN ACCEPTABLE FIGURE.
MR. REGAN SAID HE HAD DISCUSSED THIS WITH ELIZABETH HAMILTON,
OUR FIELD REPRESENTATIVE, AND SHE HAD INDICATED THAT THIS WOULD BE A
GOOD RANGE TO APPLY FOR.
COMMISSIONER SIEBERT INQUIRED ABOUT THE CATEGORY ENTITLED
"ARCHITECTURE%HOUSING STUDIES."
MR. REGAN STATED THAT AS THEY GET INTO REHABILITATION, THEY
MAY, SUBJECT TO THE BOARD'S APPROVAL, DECIDE TO DO ARCHITECTURAL STUDIES
OF THE HOUSING BEING REHABILITATED IN ORDER TO DO THIS ON A PROFESSIONAL
LEVEL. THIS CATEGORY IS DESIGNED TO PROVIDE FUNDS FOR ANY PROFESSIONAL
SERVICES THAT MIGHT BE NEEDED.
MR, REGAN INFORMED THE BOARD THAT BILL BRISSOM, CONSULTANT
OF ADLEY & ASSOCIATES, HAD NOT BEEN ABLE TO FLY OVER TO ATTEND THIS
MEETING BECAUSE OF BAD WEATHER CONDITIONS.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD.
RALPH LUNDY CAME BEFORE THE BOARD REPRESENTING THE GIFFORD
PROGRESSIVE CIVIC LEAGUE AND THE UNITED CITIZENS IMPROVEMENT LEAGUE
AND NOTED THAT NOTHING WAS INCLUDED IN THE PROPOSED BUDGET FOR RECREA-
TION, ALTHOUGH THIS HAD BEEN INCLUDED IN A LIST OF PRIORITIES AND RECOM-
MENDATIONS SUBMITTED TO THE CITIZENS ADVISORY COMMITTEE. MR. LUNDY
NOTED THAT THE COUNTY LEASED 40.ACRES OF LAND FOR A PARK IN GIFFORD,
AND IF WE ARE NOT GOING TO APPLY FOR ANY MORE FUNDS FOR RECREATION,
THEY WON'T BE ABLE TO COMPLETE CONSTRUCTION OF THE PARK AND WILL HAVE
TO COME TO THE BOARD FOR ASSISTANCE.
MR. LUNDY ALSO FELT THAT IF FUNDS FOR HOUSING .ASSISTANCE ARE
ALLOCATED TO THE FARM WORKERS COUNCIL AND THE EOC, THAT THE COMMUNITY
DEVELOPMENT CITIZENS ADVISORY COMMITTEE SHOULD FORM A HOUSING COMMITTEE
TO MAKE A STUDY OF THE HOMES TO BE REPAIRED AND APPROVE THEM SINCE WE
ARE PAYING THE BULK OF THE MONEY. MR. LUNDY ASKED IN THE EVENT WE
GET LESS FUNDS THAN WE APPLY FOR, WHAT WOULD BE ELIMINATED? HE NOTED
THAT THE LIST OF STREETS CONTAINED SEVERAL THAT WERE SUPPOSED TO HAVE
BEEN SUBMITTED UNDER THE THIRD GRANT, AND HE WONDERED WHY THEY ARE ON
THIS LIST.
86
APR 191978 - Book. 34 .332
t
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COMMISSIONER SCHMUCKER EXPLAINED THAT MR. REGAN TOOK THE
PRIORITY LIST AND GROUPED THE ROADS THAT WERE IN A*CERTAIN AREA BECAUSE
THE GOVERNMENT PREFERS THAT WE CONCENTRATE ON ONE AREA AT A TIME.
COMMISSIONER SCHMUCKER POINTED OUT THAT WE ARE JUST STARTING OUR THIRD
YEAR PROGRAM NOW AND WILL BE FOLLOWING RIGHT ON THROUGH INTO NEXT YEARS
PROGRAM SO THE ROADS WILL BE BUILT, BUT THE PRIORITY HAS BEEN SHUFFLED
AROUND A LITTLE IN ORDER TO GROUP THE ROADS AND IMPROVE OUR CHANCES
OF BEING FUNDED.
MR, LUNDY ONCE AGAIN STATED THAT HE FELT THE PARK IS THE
PROJECT THAT WOULD BE USED BY THE MOST PEOPLE AND THAT FUNDS SHOULD BE
INCLUDED FOR RECREATION.
COMMISSIONER Loy POINTED OUT THAT MR. LUNDY SUBMITTED A LIST
OF RECOMMENDATIONS TO THE ADVISORY COMMITTEE, WHICH THEY REVIEWED, AND
THE PROPOSED PROGRAM IS WHAT THE COMMITTEE IS RECOMMENDING.
COMMISSIONER SCHMUCKER NOTED THAT PARKS WERE THE NUMBER ONE
PRIORITY IN THE THIRD YEAR GRANT, ANIT APPARENTLY MR. LUNDY IS ASKING IF
THE PARKS ARE NOT COMPLETED IN THIS YEAR'S PROGRAM, WILL WE HAVE TROUBLE
COMPLETING THEM IN NEXT YEAR'S EXPENDITURES.
MR. REGAN STATED THAT HE IS IN COMPLETE ACCORD WITH MR. LUNDY
IN REGARD TO PARKS. HE NOTED THAT THEY HAVE ALLOCATED FUNDS FROM
THE SECOND YEAR FOR PARKS, BUT -THE COMMUNITY DEVELOPMENT ACT OF 1977
REQUIRES THAT A COMMUNITY EITHER ENGAGE IN A COMPREHENSIVE PROGRAM
OR A SINGLE PURPOSE PROGRAM. A COMPREHENSIVE PROGRAM WOULD HAVE RE-
QUIRED US TO CHANNEL ALL OUR EFFORTS INTO ONE SMALL AREA, WHICH MOST
PROBABLY WOULD NOT HAVE ENCOMPASSED THE PARK AREA. IN ORDER NOT TO
LEAVE OUT ANY OF THE THREE TARGET AREAS, THE CITIZENS ADVISORY COMMITTEE
VOTED TO PROCEED WITH A SINGLE PURPOSE GRANT SINCE MOST OF THE THINGS
WE HAVE -BEEN DOING IN THE PAST FIT THE DEFINITION OF A SINGLE PURPOSE
PROGRAM. THEREFORE, IN ORDER TO COMPLETE MOST OF THE WORK THAT IS
UNDER WAY AND AT THE SAME•TIME COMPLETE AREAS THAT COULD BE USED FOR
COMPREHENSIVE PROGRAMS IN THE FUTURE, THEY HAVE ALLOCATED FUNDS TO
DEVELOPING THESE CLUSTERS OF STREETS. MR, REGAN EXPLAINED THAT HE AND
CONSULTANT BILL BRISSOM BOTH AGREED THAT THERE IS NO WAY TO GO AFTER
FUNDS FOR PARKS UNDER THE NEW REQUIREMENTS. HE NOTED THAT THERE ARE
STILL FUNDS LEFT FROM THE SECOND YEAR FOR PARKS, AND ALSO THEY ARE
APPLYING TO HAVE SOME OF THE ROAD MONEY FOR THE THIRD YEAR PUT INTO
87
APR 191978 Booz 34 �AuWj
11
PARKS. HE STATED THAT THEY HAVE JUSTIFICATION TO ASK FOR $17,000 TO
BE TRANSFERRED IN THIS MANNER UNDER THAT GRANT, AND HE THUS IS HOPEFUL
THAT WORK ON THE PARKS CAN BE CONTINUED.
MR. LUNDY STATED THAT THERE IS A SHORTAGE OF HOUSING IN
THE TARGET AREAS, AND HE FELT THE $13,000 DESIGNATED TO DEMOLISH DE-
TERIORATED STRUCTURES COULD BETTER BE PUT INTO PARKS.
COMMISSIONER Loy POINTED OUT THAT UNDER THE NEW GUIDELINES, IF
WE ASK FOR THIS, WE COULD VERY WELL BE TURNED DOWN FOR THE WHOLE GRANT.
MR. LUNDY STATED THAT GIFFORD IS THE ONLY AREA WITH NO
SUPERVISED RECREATIONAL FACILITY AND THE PEOPLE WANT THE PARK COMPLETED
SO IT CAN BE USED,
COMMISSIONER LOY NOTED THAT THE PARK CAN BE UTILIZED WITHOUT
.BEING TOTALLY COMPLETED.
MR. REGAN NOTED THAT THIS IS THEIR NUMBER ONE PRIORITY AND IS
AN ON-GOING BUDGET ITEM NOW, AND IN ADDITION, THERE IS A CHANGE OF A
LINE ITEM TO BE APPLIED TO PARKS BECAUSE WHILE IN THE THIRD YEAR, THERE
IS NO ITEM FOR RECREATION, THERE IS MORE THAN ENOUGH FOR PAVING.
THE BOARD WAS UNDER THE IMPRESSION THAT THERE WAS MONEY IN
THE THIRD YEAR GRANT FOR RECREATION, BUT MR. REGAN ASSURED. THEM THAT
THERE WAS NOT.
MR. LUNDY STATED THAT THE ONLY MONEY THAT HAVE NOW FOR RECREA-
TION IS THE $2,000 LEFT FROM THE SECOND GRANT, BUT NOTHING FROM THE
THIRD GRANT.
MR. REGAN AGREED, BUT REITERATED THAT THEY WILL TRY TO GET A
LINE ITEM CHANGED IN ORDER TO GET MONEY FOR RECREATION, AND HE FELT
THERE IS A HIGH PROBABILITY THIS CAN BE DONE.
MR. REGAN CONTINUED THAT HE AGREED WITH MR. LUNDY'S SUGGESTION
. THAT IF WE ARE GOING TO A.PROGRAM OF REHABILITATION AND COOPERATION WITH
THE FARM WORKERS COUNCIL AND THE EOC, THE COMMUNITY DEVELOPMENT CITIZENS
ADVISORY COMMITTEE SHOULD REVIEW AND APPROVE THE HOUSES TO BE WORKED ON.
HE STATED THAT HE WILL BRING THIS UP AT THEIR NEXT MEETING. MR. REGAN
DISCUSSED DEMOLITION OF DETERIORATED HOUSING AND POINTED OUT THAT ONLY
R
E•1•3
BOox 34
APP 19 1978
0
.
VACANT UNITS WILL BE DEMOLISHED. HE STATED THAT THEY ARE GOING TO
ENCOURAGE ADDITIONAL HOUSING, AND IT IS ALLUDED TO'IN-THE APPLICATION,
BUT THE ONLY FUNDING REQUESTED IS FOR STAFF PEOPLE BECAUSE FUNDS FOR
SUCH PROJECTS CAN BE OBTAINED FROM THE FHA. MR. REGAN POINTED OUT
THAT IN ORDER TO BE ABLE TO ACCOMPLISH ANYTHING, FIRST YOU HAVE TO
.OBTAIN THE FUNDING; THEN ONCE IT IS OBTAINED, SOME ADJUSTMENTS CAN BE
MADE AS YOU GO ALONG.
SOLOMON MURPHY CAME BEFORE THE BOARD,REPRESENTING THE FEST
WABASSO CIVIC LEAGUE, HE REQUESTED THAT 58TH COURT AND 59TH AVENUE
HAVE DRAINAGE PROVIDED IN ADDITION TO BEING PAVED.
COMMISSIONER Loy INFORMED HIM THAT DRAINAGE IS INCLUDED IN
THE PAVING PROGRAM AND ASKED IF HE HAD MADE THESE RECOMMENDATIONS TO
THE ADVISORY COMMITTEE.
MR. MURPHY SAID HE HAD NOT DISCUSSED THESE PARTICULAR STREETS.
HE NOTED THAT WABASSO PARK IS ONLY ABOUT ONE-THIRD COMPLETED, AND
IF THEY CAN'T GET ADDITIONAL MONEY FROM THE THIRD YEAR GRANT, THEN THEY
ALSO WILL HAVE TO COME TO THE BOARD FOR FUNDS TO COMPLETE THIS PARK.
COMMISSIONER SCHMUCKER NOTED THAT THIS IS GIVEN THIRD PRIORITY
ON THE THIRD YEAR GRANT PROGRAM, AND WHILE THEY HOPE TO BE ABLE TO
COMPLETE THE PROGRAM THIS YEAR, THEY WILL HAVE TO RELY ON THE INTER-
CHANGE OF FUNDS FROM THE THIRD YEAR PROGRAM.
CHAIRMAN WQDTKE NOTED THAT IT IS NOT THE BOARDS INTENTION
TO START A PARK AND NOT FINISH IT AND STATED THAT WE WILL DO EVERYTHING
WE CAN TO TRY TO FIND FUNDS FOR THIS PURPOSE. HE POINTED OUT THAT IT
IS FORTUNATE THAT WE WERE ABLE TO GET FUNDS UNDER THESE PROGRAMS TO GET
STARTED ON THE PARKS,
MR. MURPHY STATED THAT THEY WOULD LIKE TO HAVE KINGS HIGHWAY
NORTH OF S.R. 51O INCLUDED IN THE DRAINAGE AND PAVING PROGRAM, AND
COMMISSIONER SCHMUCKER INFORMED HIM THAT THIS REQUEST WILL HAVE TO COME
THROUGH THE CITIZENS ADVISORY COMMITTEE.
MR, MURPHY ASKED WHERE THE PEOPLE WOULD MOVE IF THEIR HOUSES
ARE TORN DOWN, AND THE CHAIRMAN EXPLAINED THAT ONLY VACANT UNITS ARE
SLATED FOR DEMOLITION.
MR. REGAN ALSO EXPLAINED THAT DRAINAGE AS IT RELATES TO THE
ROADS IS COVERED IN THE APPLICATION.
m
i
89
m
i
e
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
MR. REGAN INFORMED THE BOARD THAT GRANT RECIPIENTS INCLUDED
IN THE HOLD HARMLESS CATEGORY CAN MOVE 10% OF THEIR FUNDS WITHOUT ASKING
FOR APPROVAL, BUT WE ARE INCLUDED IN WHAT IS KNOWN AS THE SMALL CITIES
PROGRAM AS DISCRETIONARY RECIPIENTS AND CANNOT CHANGE OUR LINE ITEMS
VITHOUT OBTAINING'APPROVAL.
CHAIRMAN WODTKE STATED THAT HE HOPED EVERYTHING POSSIBLE
WOULD BE DONE TO ACCOMPLISH A TRANSFER OF A LINE ITEM SO ADDITIONAL
FUNDS CAN BE PUT INTO RECREATION EVEN IF IT MEANS SOME OF THE ROADS
HAVE TO GO TO A LATER PROGRAM.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 78-38 APPROVING THE
SUBMISSION OF THE PRE -APPLICATION FOR THE COMMUNITY DEVELOPMENT BLOCK
GRANT FOR 1978-79 AND AUTHORIZING THE SIGNATURE OF THE CHAIRMAN.
RESOLUTION NO. 78-38
BE IT RESOLVED BY THE BOARD OF COUNTY COM11ISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that approval for the sub-
mission of the pre -application for the COMMUNITY DEVELOPMENT
BLOCK GRANT for 1978-1979 is hereby granted.
Said Resolution shall become effective as of the
19th day of April , 1978.
BOARD OF COUNTY COMMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
F BY
William C. Wodtke, Jr., ieirman
Attest:
.Freda Wright, Clark
90
BOOK. PACE
f
COMMISSIONER SIEBERT NOTED THAT THE HOUSING STUDY PROGRAM
AND THE COMMUNITY DEVELOPMENT PROGRAM ARE CLOSELY RELATED AND SUGGESTED,
SINCE HUD MEMBERS CANNOT COME TO VERO BEACH TO DISCUSS THIS MATTER, THAT
MR. REGAN AND A MEMBER OF THE COMMUNITY DEVELOPMENT CITIZENS ADVISORY
COMMITTEE MIGHT GO TO .JACKSONVILLE TO DISCUSS OUR SITUATION WITH HUD.
ON (MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR EDWARD
REGAN, DIRECTOR OF THE COMMUNITY DEVELOPMENT PROGRAM, AND A MEMBER OF
THE CITIZENS ADVISORY COMMITTEE TO GO TO .JACKSONVILLE USING COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS AND DISCUSS OUR HOUSING SITUATION WITH
HUD.
ENGINEER .JAMES BEINDORF RETURNED TO THE MEETING TO DISCUSS
THE POSSIBILITY OF THE BOARD ENDORSING A REVISED LETTER OF SUPPORT
FOR THE INDIAN RIVER TRAILS PROJECT TO THE DEPARTMENT -OF NATURAL RE-
SOURCES IN REGARD TO OBTAINING MINERAL RELEASES FROM THE STATE,
THE BOARD REVIEWED THE REVISED LETTER, AND COMMISSIONER
SIEBERT STATED THAT HE WOULD HAVE NO OBJECTION TO IT IF THE -FIRST
SENTENCE WERE CHANGED TO THE FOLLOWING: `SAS THE CHAIRMAN OF THE BOARD
OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, I WOULD LIKE
TO TAKE THIS OPPORTUNITY TO GIVE YOU A HISTORY OF THE INDIAN RIVER TRAILS
DEVELOPMENT PROJECT WHICH IS THE SUBJECT OF THE ABOVE REFERENCED APPLI-
CATION.-
THE BOARD STATED THEY HAD NO OBJECTION TO THE SUGGESTED
LETTER, WHICH IS HEREBY MADE A PART OF THE MINUTES.
BOARD OF COUNTY COMMISSIONERS
WILLIAM C. WODTKE. JR., Chairman
Q ALMA LEE LOY. Vice Chairman
WILLARD W. SIEBERT. JR.
tim �
- ;- EDWIN S. SCHMUCKER
X1.(1
R. DON DEESON
R
JACK G. JENNINGS. Administrator 2145 44th Avenue Vero Beach. Florida 32960
April 20, 1978
Mr. Harmon Shields
Executive Director
Department of Natural Resources
Crown Building, 202 Blount Street
Tallahassee, Florida 32304
Re: Indian River Trails Land Trust/Florida Land Company
Application for Release of Murphy Deed Mineral
Reservations for Land Located in Section 9, 10,
15, and 16, Township 32 South, Range 39 East,
Indian River County, Florida dated March 13, 1978
Dear Mr. Shields:
As the Chairman of the Board of County Commissioners of
Indian River County, Florida, I would like to take this op-
portunity to give you some history on the Indian River Trails
development project which is the subject of the above refer-
enced application. The project encompasses approximately 580
i Indian River Count Florida,
which
acres o
f land located n Y:
'is presently being used as pasture land. The plans which have
been presented to the Board over the past four years have in-
dicated, when completed, a 180 -acre championship golf course
and approximately 400 acres of multi -family and single-family
-residential homesites,
The Indian River County Board of County Commissioners has
been familiar with this project since the spring and summer of
1974 at which time a public hearing was held in connection with
the rezoning of the lands within this proposed project. The
public hearing included the development of regional impact and
the zoning to R -2A and R -2B which are multi -family zoning and
grants densities from 4 to 8 residential units per acre, The .
• above developers have presented a site plan to the Indian River
County Planning and Zoning Commission for the construction of
the 180 -acre championship golf course. Approval of this site
plan was granted. The Board has seen preliminary plans which
t
600KP� ,
APR 19 197
. a
'I
dIF
• 4
Mr. Harmon Shields, Executive Director
Department of Natural Resources April 20, 1978
Page 3
indicated the golf course and approximate locations of the
single -family and multi-family units. When the final engi-
neering and planning have been completed, all of the same
will be before the County Commission for their final approval.
Inasmuch as-this project has been in the planning stage
and/or rezoning for the past four years, we feel the develop-
ers have every intention of going forward with final completion.
They have expended a great deal of engineering and planning
costs'to date. I understand the reason for the County writing
this letter is to show the County's interest in projects of
project as it'ro
this nature and a little of the history of the p �
has existed over the past four years. The Board of County
Commissioners of Indian River County, Florida has no objections
to the release of the State's reserved mineral interests as
long as all conditions required by the St4te have been met.
I hope this letter will serve to aid you .in making your
decision in regard to the parties mentioned above as being
serious in their endeavors in starting the project as soon as
possible for use as building sites and golf course, If I can
be of any further assistance to you in this matter, please do
not hesitate to contact me,
Sincerely,
�L,I�LJ�L C.• (.U4i
William Ce Wodtke, Jr.
Chairman
WCW,Jr. :ef
1
RESOLUTION NO. 78-25 AND RELEASE OF EASEMENTS IN GRANADA
GARDENS UNIT I TO THOMAS AND DEANNE HARE AS APPROVED AT THE MEETING OF
APRIL 5, 1978, IS HEREBY MADE A PART OF THE MINUTES.
APR 19 197
94
BOOK 4'�5;
7
M
RESOLUTION NO. 78-25
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, has been requested to release the side lot line
easements of Lots 6, 7, and 8 of GRANADA GARDENS, Unit 1,. ac-
cording to the plat thereof filed in the office of the Clerk of
• the Circuit Court of Indian River County, Florida, in Plat Book
3, page 91, and m
*WHEREAS, said side lot easements were dedicated on the Plat
of GRANADA GARDENS SUBDIVISION for public utility purposes, and
WHEREAS, the request for such release of easement has been
submitted in proper form;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM-
MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the -following
side lot line easements in GRANADA GARDENS UNIT 1 shall be re-
leased, abandoned and vacated as follows:
The side lot line easements running from North to South
along Lots 6, 7, and 8, of GRANADA GARDENS UNIT 1, as
recorded in Plat Book 3, page 91, 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 5th day of April 1978.
Attest:
C . er
VIM
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLO IDA
By2ndZt&0
Chairman i(
PAGE -341
a
3
RELEASE OF EASEMENT
This Release of Easement, executed this —5th day of
April , 1978, by the BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the
State of -Florida, first party; to THOMAS E. HARE and DEANNE J.
HARE, whose post office address is 118'S. W. 11th Street, Vero
Beach, Florida 32960, second party:
WITNESSETH:
That the said -party of the first part for and in consider-'
ation of the sum of ONE DOLLAR ($1.00) and other good and valua-
ble consideration in hand paid by the said second party, does
hereby remise, release, abandon, and quit claim unto the said
second party 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 siruate in the County of Indian
River, State of Florida, -to wit:
The side lot line easements running from North to South
along Lots 6, 7, and 8, of GRANADA GARDENS UNIT 1, as
recorded in Plat Book 3, page 91, 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 whatsoever
of the said first party 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 the law the
day and year first above written.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA/.////,
• Sias 24/ . , A / • f 'O 1 i 4/;
Attest: _j. r Y_�� A c^f�T
Cia.irman
7
re a Wright, C e
Signed, sealed, and delivered
in the presence of:
inn G�7,
APR 19 1978 34 PAcFUM0
4
M&
k
R-'
fA
f
I
P
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
' F
j, I HEREBY CERTIFY that on this day before me, an officer h
duly authorized in the State and County aforesaid to take acknowl-
edgements, personally appeared WILLIAM C. WODTKE, JR., as Chairman
R
of the Board of County Commissioners of Indian River County, a
political subdivision of the State of Florida, and FREDA WRIGHT,
as Clerk of the Circuit Court, to me known to be the persons a
duly authorized by said County to execute the foregoing instrument,
F
and they acknowledged before me that they executed the same for,
.and on behalf of said political subdivision.
WITNESS my hand and seal in the County and State last afore-
said this 5th day of April 1978.
ota P lic, tate otaFlorida at
Large.
My Commission Expires:
IMOVARY FUBUC SIATE OF FLORIDA AT LARGE
My COMMISSION EXPIRES JULY G. 1978 !
(Notar-j Seal) 9CMEDTMRUGENERALINSURANCE UNDERWRITERS
• 1
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APR 19 1978
THE APPLICATION FOR A COMMUNITY AFFAIRS GRANT FOR THE SWIM
PROGRAM, HAVING BEEN CERTIFIED BY THE DEPUTY DISTRICT HRS ADMINISTRATOR,
AND AS APPROVED AT THE MEETING OF FEBRUARY 22, 1978, IS HEREBY MADE A
PART OF THE MINUTES, TOGETHER WITH COPY OF THE COMMUNITY SERVICES TRUST
FUND CONTRACT.
M
APP 19 1978
t r
SDK 34 PAGE 34-
Ll
I
GRANT APPLICATION Page 1 of _7 r._:. �•
(Type and Complete All Items)
Application for State Assistance Through the
COMMUNITY SERVICES TRUST FUND
DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF COMMUNITY SERVICES
2571 EXECUTIVE CENTER CIRCLE, EAST
TALLAHASSEE, FLORIDA 32301
SUBMIT FOUR (4) COPIES
OF TH19 APPLICATION
Due Date: MARCH 15, 197A
1. Local Governmental Unit Applying for Grant:
Name: Indian River County Commission Telephone: (305)562-4186
name of town, city or county)
Address: Indian River County Courthouse, Vero Beach, Fla. 32960
County Indian River
2. Date Submitted: March 3, 1978
3. "Official with over-all responsibility of grant: (Our Department will
contact this person should questions arise in the application process):
Name: Tarrenep D. Marr Telephone: ( 305) 562-9037
Address: _3705 16th Vero Bach, Fla. 32960 _
Signature:
4. Pue to new legislative requirements, all services must be certified by
the Department of Health and Rehabilitative Services (HRS) District
Administrator as not being duplicative. In order to accomplish this
requirement, all applicants must contact the District Administrator
prior to development of program proposals. Therefore, complete the
following:
HRS person contacted: Dr. Richard Grimm
District Administrator)
Telephone:
(305) 683-6603
Date: March 2,
1978
Contacted
by: Terrence D. Marr
Telephone:
( 305) 562-9037
5. Following the completion of the grant application, formal approval of
the program proposal must he given by the HRS District Administrator.
Anolications will not be accepted unless the following statement is
completed by the HRS istrict Administrator:
I• nr. Richard Grimm , the,D3.strict HRS Administrator
for District _ TX hereby certify one of the following statements of
fact:
,
it,zj�
The particular services to be offered in the
signature) listed -programs are not duplicative of HRS programs.
Although similar services may he available from HRS,
we cannot provide these particular services to these
clients without the use of this money.
2. HRS has made maximum use of federal funds for the
(signature) above listed program areas:
�L,,, ►3-; tends for this program are available from HRS and
IPA lie applicant will be eligible for funding during
he current grant period. The applicant should con-
MAM'141978 tact Mr./Ms. for further
information.
Comnntnity Services
• . amniamly Action Gxudmatian
r
Page 1-C
[BOOK 34 FAcF 345
• .. / ••ia is i..�•F��; � a.- �. �i.� e.. a.'!�. - . _ -sc,f '-5- ...4 �-t_ xt.'.!N_ _ _ ^' ° iR: i ^k #•� n �S
GPAVT APPLICATION Page 2 of 7
Local Governmental Unit Applying: Indian River County Commission w
name of town, city, county,etc.)
Answer these questions for each program. (Attach additional sheets if
necessary.)
6. Explain why this program is needed.
This program is needed in order to provide worthwhile Summer involvement
-==-for low income Youths situated in the outlying Rural Areas of this County.
Most have been deprived of such an involvement in the past because of a lack
of transportation and being unable to afford private camps.
Further, this program will enhance the intellectual growth of those
involved by exposing them to experiences normally out of the reach of children
-=•of low income house holds.
7. Describe the financial status of persons to be served by this
program.—, -How many persons will be served? Duplicated?
Unduplicated? 22F5—
Nearly
45Nearly 90% of the children involved will come from families whose income
falls below the Federal Poverty Guidlines. We plan to integrate this group with
children from higher income families in order to broaden social involvement
and awareness.
A minimum of 245 different children will be served for a 10 week period.
6• How will this program be integrated with other programs serving
the same type of persons? What other social service agencies will
be contacted?
This program will be integrated with the YMCA'S Summer Camp Program
utilizing YMCA staff to instruct and using the Y14CA Pool for instructional
Swimming Lessons. Also, we will work closely with the Youth Involvement Program
of the Economic Opportunities Council, ensuring that a maximum number of children
become involved. The County School Board will also be involved, for they will
provide transportation and lunch at no cost to the participants.
9. Explain how recipients of public assistance will benefit from
this program.
They will benefit greatly in that instead of having nothing to do
all Summer they will be able to continue their physical, moral and
intellectual growth by becoming involved in this program. They will be
` exposed to numerous cultural experiences and will develop an increased
social awareness by being involved with children from all Social Strata.
Finally, they will receive a nutritionally sound meal each noon. '
(Applications will not be processed unless
All questions are answered in detail)
Page 2-C
NOOK 34 Pacf 346
GRANT APPLICATION Page 3 Pf 7
Local Governmental Unit Applying: 1 .ing Indian River County Commission
own, county.,or city) .
WORK PROGRAM -Plan o.1 Operation
(Use one s eet for each Program)
Parson Responsible: Nog ) _
qu
(telephone)
�•{,2.
Program Objectivies
3. Major Activities and Substeps
q
t
a
To provide free Recreation and InstructionEach
morning at 8A.M. County school busses will
to approximately 245 low income Children
transport the children to the new North
(ages 5-14) for 10 weeks this summer. This
County Middle School. Here children will be
`
ro ram will be for those children living
P 9 g
grouped by age and scheduled into daily activi-
in the North or West County area and will
ties. Lunch will be provided for them by the
;t
be held on the premises of a North County
County.
School and at the Vero Beach YMCA complex.
During the day all children will be transported
•.
The aim is to offer organized athletic
activities for the Children; to
to the YMCA to be taught how to swim or to im-
provide
prove existing skills. YMCA Staff will instruct
`
classes in Music. Drama, and Art; and to
in swimming and also act as group leaders and
teach all Non -Swimmers how to swim. The
staff at the School.
latter is 60% of the total of 245 children
Children will be transported home at P.M. by
r,r
or 147.
County School busses.
q i
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Page 3-C
4. Planned Results
Through � Through Through Through
-12-f3i/%9 9-/-34/44 6W -34/g-8- 9/30/78
To provide meaningfu Summer Rec eation and
Education to 245 chi dren of low income Fam4
lies. Also, to teach approximate'y 147 Non -
Swimmers in that gro p of 245 how to swim.
The other 98 will re eive advanc d Swimming
Instruction to impro a on existi g skills.
0
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GRA14T APPLICATION Page 4 of 7
Name of Applicant: Indian River County Commission
Fiscal Officer Responsible for Grant:
!lame: Mr. 4�illiam Jackson Finance Officer
Address: Count Courthouse 2145
Telephones 305 562-7927
3^. Tn"'AL
11. TOTAL BIWET
and line_29)_ _ _
8,090.00
(Include figures from all programs operated)
F}:T'I^IT))TIM , (Lino 17 .anti
1.
REVF.NIIF. _ .. •_ - -
a4 -Ar:
1.
State Grant__ _____________
-Match
4128.00
2.
Cash (no federal ftmds, ee�t„seye�ne_shat3i,��w�dL
2064.00
3.
In=K1nd Vatch
3100.00
----------__ ------
9292.00
rMANTRF. AnMTNTSTFATT.VF EXPFNSF
5.
Salaries _ _
0
6.
vental Space--------------_.------
7.
Travel ---------- -'------
8.
Sunn1 iPs- - - - - - - - - - - - - - - - - - - .. - - -
9.
Other (snscifv on atta-chment) - - - - - - - - - -
10.
Total (lines_5_throuah-9 _ _ _ _ _ _ _ _ _ _ _ _ _ `
DELEGATE ADMTI-IISTRATIVF. EXPENSE
11.
Salaries 1100 in kind
1,136.00
12.
ReRtalSUace-------------i-- - - -_--
0
13.
Travcel------------------- - - - - --
40.00
14.
Supplies-----------------------
26.00
15.
- - - - - -
Other (snecifyon attachRent'T
0
16.
_ _ _ _ _ -
ns 11 through 16) - - - --- -
Total (lie
1.202.00
17.
_-
T7_AL AP2KIVZSTPATIVF._CCSTS* (Line 10 -and Line 167 _
1.202.00
GRANT::F PR,)GPAM F.XPFNSE
18.
Salaries-__-__
0
19.
____
ental Soace '- - - - - - - - - -
-__--------.----------
0
26.
TravPl
0
21.
I:t?uinment-- - - - --
------------
0
22.
-- �'
C`ther (snecif�� on attachmentt -_ -_
0
23.
_ _ _ _ _ _ _- _-
i'otal 71ir.es_1R through 22)
0
D1'IV!rATr Pry fZn% 1"4 rXPENSF
24.
Salaries -2000 in-kind
5,600.00
25.
pental Sna-e--------------- ---
1,500.00
25.
Tr_-��►n•.1------------------------
365.00
27.
1•:nuit�rtint---------------- - - - - --
25.00
2R.
Ot�7or. (sr'.ec.ifv on atter-chmCrit) - -
0.0
29.
_2i throgh f _ _ _ _ _ _ sT - _ _ - - - -
Total (linesu
81090.00
3^. Tn"'AL
rrnnPk.+ rXT'V'TISFS (TAnc._23
and line_29)_ _ _
8,090.00
31. T0,11M.
F}:T'I^IT))TIM , (Lino 17 .anti
line 30) _ _ _ _ _
9,292.00
a4 -Ar:
:iOT.J. TIM"411F MUST rOUAL
TOTAI. EXPENDITURES
*"ay not oxceed 15's of 2 tunes the state ctrant
I:F11P•II1I T- : St ztr•• Grant: 10,000
Cash .�'Mxh 5,0no
?n -}:inn Klatch in,nn0
TMAL T:I E. I I Ic•; 2 57W6
-tlxi^`I1tT !•tlr+lal.::trrlt'i.v�r Crints - 154 of 2 x $1n,onn (Stage Grant)
151 of 201000
$3,Ono
Page 4-C
i
Booz 34 PACE. .1 8
It'
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1
.. :G1ti.ti3T. iC v4ti' 'VFW _: ee'..: sXvxrs�'es.F.%+'asaYmramn•.u• aanr.-., .. ., ,..,,.,., a .,r .. e::u.s.r'... a: ,:., - _
GRANT APPLICATION Page 5 of 7
Local Governmental Unit Applying: Indian River County Commission
Town, County, or City)
1
12. -.Cash and In -Kind Match
I..
Cash Match
Source
1. Indian River County Commission
2
•
3.
4.
,g
(Continue On Separate Sheet
if Necqssary
II.
In -Kind Match
A. Salaries and Benefits
k.
Position Title and Name
of Person
1. Exec.•Dir. Terrence D: Marr
2. `y§ g§ 01r, IJudley
Duncan
3• Program Dir, Michell�Vn
Dye
< !:
4.
(Cont nue On Separate
Sheet Necessary)
B. Other In -Kind•
Description
Source
2
2
3.
3.
,.
4.
4.
70
7
Amount
1. 2,064.00
2.
3.
4.
.
Total Cash Match 2,064.00
*This figure must equal the figure specified
on line 2, page 4.
Number of Flours
Hourly Rate To Be Worked
1. 8.00 1. 50
2. �b. 00� 2. 100
3. 5 -on 3. 4nn
4- 4_0n 4 • - 0
Amount (Hourly rate (X) number of
hours to be worked)
1 • 400.00
2. 50U. UJU_
3: -OQn.00
4 • 200.00
Unit Costs Number of Units
(or cost per (or number of
square feet square feet) Amount •(Unit cost (X) number of units)•
1. 1. 1.
2. 2. 2.
3. 3. 3.
4. 4. 4.
5. 5. S.
6. 6. 6.
7• 7. 7. ;,inn -nn *j
Total In -Kind Match 3,100.00
TOTAL MATCH PROVIDED 5,164.00 *This figure must equal the. figure
Page 5-C specified on line 3, page 4.
Ml,
0
�. ,j- .c._ ,.._h -.Y -*5+.: .'"T¢'.�T �r .. .__t -s••-_.– !y`:'J. ..� .-' -tr. r .z_' .... ...:
-n -GRANT APPLICATION Page 6 of 7
t
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i
Local �-overnTnental Unit Applyina: Indian River County Commission
_ town, county, or city
13.CONTRACTTTAL I*TFORMATTnN - Complete one for each Delegate Agency _
ieneral
Name of. Deleaate Aaency: Vero Beach YMCA
Address: 3705 16th St. Vero Beach, Fla. 32960
Contact Person: Terrence D. Marr
Telephone: (305) 562-9037 -
Tax Exempt Number:* 05-00162-00-41
*If none, attach a copy of the certificate of incorporation
DELEGATE AGENCY BUDGET FOR THIS PROGRAM
ADMINISTRATIVE RXPFNSFS
1. Salaries1100inkind 16hrs.at3 . 1,136.00
2. Rental Sp _ _ _ _ _ _ ___ _ ____
cae ` `
3. Travel ---------------------- —
40.00
4. Supplies --------- __—_�_-----26.00
—
5. Other Tspecify on attachment? _ _ — _ — — —
6. *4.bYAL Tline—s 1 tFiroucrh 5f — — — — ` — — ` ` 1,202.00
PROMPAfii FX.PFNSFS
7. Salaries _ _ --- — _ — 2000 in kind 5,600.00
8. Penntal—_Space--------------------- 1,00.00
9. Travel—`---'-`---
"63'�6-
11 Equipment ------````-- 25.00
11. OtFier Tspecify on attachmen_tf_ ` — — ` — — ` — ` ` ` ` 200.00
12. TOTAL Tlines 7 tFirouah 11) _— — — ` — — — ` — U 109U. 00
13. TOTAL EXPENSES—(line-6—and—line 12) — — — — — — — — — 9,292.00
*Mav not exceed 15% of line 13.
. 4
a
THE DRLF.GA.TF. ArF.*TCY HEREBY APPR.OVFS THIS APPLICATION AND WILL COMPLY
WITH ALL RFTLFS, PEGTTLATTONS AND CONTRACTS RELATING THERETO:
APr?nVFD Pv: Executive Director YMCA j
(Title. Slanature)
ATTESTFn Tiv: Administrative Secretary_
Title S.icln, ure
APR 191978
Page 6-C
•wr-va.�ans.••–•+-••veer.
• .. riyfA.f,E^flsVvina'–�'^esu
■ f�aana�e+tmwraemxa.w..ew�...ww.—..—.....�...�... __.. __ - .-
34 fuF.3,50
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• { b
•`' GRANT APPLICATION Page 7 of 7
Local Governmental Unit Applying: Indian River County Commission
14, THE APPLICANT CERTIFIES THAT THE DATA IN THIS APPLICATION AND
ITS VARIOUS SECTIONS INCLUDING BUDGET DATA, ARE TRUE AND
- -=- -CORRECT TO THE BEST OF HIS OR HER KNOWLEDGE AND THAT THE
FILING OF THIS APPLICATION HAS BEEN DULY AUTHORIZED AND UNDER-
STANDS THAT IT WILL BECOME PART OF THE CONTRACT BETWEEN THE
DEPARTMENT AND THE APPLICANT. THE BOARD OF COUNTY COMMIS-
SIONERS (OR THE CITY COUNCIL) WILL PASS A RESOLUTION WHICH
AUTHORIZES THE EXPENDITURE OF FUNDS FOR THE SPECIFIED PROGRAMS.
• IF FEES OR CONTRIBUTIONS ARE TO BE UTILIZED AS MATCHING FOR
THIS GRANT, OR IF A DELEGATE AGENCY IS TO PROVIDE THE MATCHING
SHARE, AND THESE FUNDS ARE NOT FORTHCOMING, THIS RESOLUTION
ALSO SPECIFIES THAT THE CITY OR COUNTY WILL PROVIDE THE NECES-
SARY MATCH.
THE APPLICANT FURTHER CERTIFIES, DUE TO P1EW LEGISLATIVE INTENT
NOT TO DUPLICATE SERVICES AND THAT THESE PARTICULAR SERVICES
ARE NOT BEING PROVIDED NOR ARE THEY AVAILABLE FROM ANY OTHER
STATE AGENCY. ALTHOUGH SIMILAR SERVICES MAY BE AVAILABLE, THE
APPLICANT CERTIFIES THAT NO OTHER RESOURCE EXISTS TO PROVIDE
THESE PARTICULAR SERVICES TO THESE CLIENTS WITHOUT THE USE OF
THIS MONEY.
Name typed
Signature
Chairman, Board of County Commissioners
Title (Mayor or Chairman of Board of County Commissioners)
Indian River County Courthouse
2145 14th Ave.
Vero Beach, Fla. 32960
Address
( 305) 569-1940
Telephone
ATTESTED BY: Freda WRight
Name (typed)
Page 7-C
1 .
•. % '
Signature
803 34 PA 351
y
COMMUNITY SERVICES TRUST FUND CONTRACT
THIS AGREEMENT beginning Afel L (q7.
g g the lst day of between
the State of Florida Department of Community Affairs (hereinafter
referred to as "Department'), an agency of the State of Florida, with
headq
nnuarters in the City of Tallahassee, and rA40/I w �..ti�
(.rOL/Al/ 61WI15.5/ (hereinafter referred to as
the "Community").
..
THIS AGREEMENT (CONTRACT) IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
The Department, in furtherance of its duties under Sections
409.501 through 409.506, Florida Statutes (Chapter 74-166, Laws of
Florida) and Sections 20.05(1) and 20.18(1) and (5), Florida Statutes,
has determined that the Community has applied and qualifies for a grant
under the Florida Financial Assistance for Community Services Act.
The Community, in furtherance of its power and authority to
conduct community service programs, has enacted an appropriate
resolution or ordinance necessary to appropriate the funds required
under this grant and to enter into any contract necessary to fulfill
the provisions of the program. A copy of said resolution i on or ordinance
is attached hereto and by this reference is made a part of this
agreement.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:
1. Grant Offer to the Community
The Department hereby makes a grant offer to the Community
under the terms and conditions of Sections 409.501-506, Florida
Statutes, this agreement and Chapter 9C-2, Florida Administrative Code
(rules and regulations governing these grant funds).
2. Area Covered
Except as may be expressly provided elsewhere in this agreement,
the Community shall perform all of the necessary services provided
under this Agreement in connection with and respecting the geographic
area(s) specified in the application for grant funds. Attached hereto
and by this reference made a part hereof.
1
APR 191978 BOOK. 34 PacF 359
M
I
.. ... _ .._ ,�:�...: 8,,..a.*_.. _ _v;..aix:.. • . _.. ��. ,, x+C.«11 _-:n^ %'.. X°.L. -:: S '?�.1.'":'"P'f .._ tx� Cvti,�..:__: _ "--;:'^r y^k . � .. ; wM.y�.• _
3. Scope of Services
(a) The Community agrees, under the terms and conditions of
this Agreement and applicable rules and regulations of,the
Department or Division of Community Services, to undertake, perform,
and complete certain community service programs, more particularly
described in the attached work program(s) and by this reference made
a part hereof.
(b) The Community agrees that the sum of the program services
covered by this Agreement shall not be subcontracted or delegated
except as provided for in this Agreement or amended without prior written
approval of the Department.
4. .Time of Performance
The Community agrees to execute this agreement within thirty
(30) days of receipt and to commence services within fifteen (15) days
after execution by the Department unless otherwise specified in the
work program. All services to be offered shall be undertaken and
completed in such sequence as to assure their expeditious completion
in the light of the purpose of this Contract, but in any event all
the services required hereunder shall be completed no later than
September 30, 1972
5. Compensation
(a) The Department agrees to pay the(( Community the total sum
of _�+r �1�5t+tSr�ci t�'l2 C1Ltr �, �T (�*/Zj).for the community
service program(s) described herein, the balance of funds required will
be provided by the Community as provided in the attached budget state-
ment. The budget statement is by this reference made a part of this
Agreement.
(b) The Department shall forward to the Community an equal
#6 Oq 400 SK
monthly amount of 00— for the tweivei
month period beginning
(c) Payment of these committed state funds pursuant.to this
Contract are subject to the total release of authorized appropriations
from the Trust Fund; otherwise, a pro rata distribution of available
funds will be made.
APR 19 1978
a� 34 PAcF•353
. W
2
a� 34 PAcF•353
. W
.e. . a .r q `•� , K
6. Reports and Records
(a) The -Department may withhold payment if required reports,
(i.e., a monthly financial statement and a quarterly program status
i
report) have not been timely submitted and adequately completed.
(b) In the event that all required reports are not received,
in adequate and correct form, within thirty (30) days of the due date,
the Community will be informed that further grant payments will be f
withheld until all reports are received in correct form. If all
reports are not subsequently received in satisfactory form and. <.
condition, the contract will be terminated.
(c) The Community agrees to maintain adequate financial
procedures, including adequate supporting documents, to account for
the use of money as provided in the application, which includes the
budget statement. The Community shall also monitor and review its
delegates' financial records and reports to assure proper compliance
with this Agreement.
(d) The Community shall also provide the Department with any
necessary records, reports or financial- statements, etc., requested
for purpose of auditing and monitoring said grant funds awarded under
this Agreement.
(e) The Community shall provide the Department with an audit
of the contract funds, program compliance and administrative capability
of the responsible agency(ies) including delegate agencies. Such audit
shall be in compliance with requirements set forth by the Department
for such audit, and shall be forwarded to the Department not later
than one hundred -twenty (120) days after the termination date of this
Agreement unless extended by the Department.
7. Termination of Contract for Cause
(a) If, through any cause, the Community shall fail to fulfill
in a timely.and proper manner its obligations under this Agreement, or
if the Community shall violate any of the covenants, agreements, or
stipulations of this Agreement, the Department shall thereupon have
the right without liability to terminate this Agreement by giving
written notice to the Community of such termination. The Department
may also require a repayment plus penalty for funds paid to a Community
as a result of any breach of this Agreement.
3
Box 34 PAcF 354
___. ....___�_�_ .1 _-r -: .. aq-+- _ _.. .... •�-7Ft-w _' _ _ . _+ •P amu.- A � .� - g.
i tc
• o E5
(b) Notwithstanding the above, the Community shall not be
•
relieved of liability to the Department for damages sustained by the
Department by virtue of any breach of Agreement by the Community and
the Department may withhold any payments to the Community for the
purpose set-off until such time as the exact amount of damages due 4
the Department from the Community is determined.
° 8. Community_Responsibilities and Obligations
The Department's financial obligation to the Community shall F;
be limited solely to the amount and terms of this Agreement.
The Community agrees to hold harmless and if necessary defend,
E
indemnify the Department from all claims, liabilities, suits of any
r
nature whatsoever arising out of, because of,•or due to the breach of
this Agreement by the Community, its delegates, agents or employees,
or due to any act occurrence of omission or commission of the Community.
9. Changes
The Department or Community may, from time to time, request
• E,
changes in the scope of the services of the Community to be performed
hereunder. Such changes, which are mutually agreed upon by and between
the Department and the Community, shall be incorporated as written
amendments to the Contract.
Q
• N I
10 Interest of Members of Department and Others
No officer, member or employee of the Department and no member
of its governing body, and no other public official of the governing
body of any locality in which the Program is situated or being carried
out who exercises any functions or responsibilities in the review or
approval of the undertaking or carrying out of this Program, shall
participate in any decision relating to this Contract which affects his
personal interest or the interest of any corporation, partnership, or
association in which he is, directly or indirectly, interested; nor
_shall any such officer, member or employee of the Department or any
member of its governing body, or pubic official of the governing body,
or public official of the governin�l botly of any locality in which the
Program is situated or being carr.icd cut, have any interest, direct,
or indirect, in this Agreement or thu- prucceds lher,eof.
4
`."N�.'h^,!w6�aa�`�•a..':'JS3�J.�'•..TtdlR.518i.:TdC4A'�GU�'.-SSZ..nti'i'-'.-. -i:el: cs�-.-:arLu:: ;:.: ... . ..K
�ooK 34 PAPP 355
1•l. Assignability w
The Community shall not assign any interest in this Agreement
and shall not transfer any interest in the same (whether by assignment
or novation), without the prior written consent of the Department
thereto= provided, however, that claims for money due or to become
due the Community from the Department under this Agreement may be
assigned to a bank, trust company, or other financial institution
g
without such approval. Notice of any such assignment or transfer
i
shall be furnished promptly to the Department. ?
12. Delegate Activities and Responsibilities
' x
The Community shall be responsible for the performance of its
delegates and agrees to continually review their activities to assure p
e that they are carrying out their responsibilities. In the event the
delegate does not comply with the requirements of the work programs,
the.Community shall take the necessary action to'obtain compliance
13. (Matching Restrictions
No federal funds other than federal revenue sharing, shall be
4
i used by the Community as the matching funds for this grant.
IN WITNESS WHEREOF, the Department and the Community have executed
this Agreement as of the date first above written.
ATTEST: BY:
(signature)0(signature)
Freda Wright, Clerk ✓ William C. Wodtke, Jr., Chairman
Board of County Commissioners,
type name and title) Mayor or xn -ff'iC76rAm $ —
(Type name and title)
DATEA-pril 13, 1978
------------------------------------------------------------------------
STATE OF.FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
ATTEST: BY:
(signature) (signature)
5
William H. Ravenell, Secretary
DATE
ROOK 34 PAGE. 356
n
STATE OF FLORIDA _
'COUNTY OF Indian River
I hereby certify that on this day, before me, a.Notary
Public duly authorized in the state and county named above to take
acknowledgements, personally PP
appeared William C.Wodtke, Jr.
.to me krjow to be the pgrsgn described as Chairman
Boar o1 County Commissioners
Of of IndianRiver County, Fla., in and who executed the foregoing
(city or County)
instrument, and he acknn aide ofe befounty e me .t at rexecuted it in
sio
the name of .and for Indian River County, Fla. affixing its
(City or County)
seal, of County and that he was duly authorized by that governing body of the
oard y
nt Commissioners
B
Indian River County, Fla. to do so.
City or County)
.WITNESS my hand and official seal in the county and state
April rf
named above this 14th day of Ap V?
a V
Notary dub ' c
My Commission Expires:
AP.R '19 1978
6
ROCiK 3 4 PACT X35
.
ON APRIL 5, 1978, THE BOARD AUTHORIZED GENE MORRIS., TAX
COLLECTOR, TO WITHHOLD CERTAIN REFUNDS FROM HIS CURRENT DISTRIBUTION
WITH THE UNDERSTANDING THAT THE BOARD WOULD BE SUPPLIED WITH ALL
PERTINENT INFORMATION. A BREAKDOWN OF THE TAXES DUE FOR REFUNDS
HAS BEEN SUPPLIED BY TAX COLLECTOR MORRIS, AS REQUESTED BY THE BOARD,
AND IS ON FILE IN THE OFFICE OF THE CLERK.
THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING
BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED
AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND
NOS. 57788 - 57901 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.
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND
CARRIED, THE BOARD ADJOURNED AT 6:30 O'CLOCK P.M.
ATTEST:
CLERK
112