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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. i i f 5 . f APR 9 1978 - t .. BOOK J4 PaCE. U r w' 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 BON , 34 ti i 0 I • 1, o . N N a Im 0 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. tl Booz •34 PAGE P 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. 9 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. 10 ' y d APR 19 1978 " , Ll 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 BOOT( X34 pAtE ' . �1 M M r :w ,and although interest shall accrue to the benefit of THE i t J `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 - y (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 l' BOOK '3 PQ 25 1 - 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 .' tom, to you as requested by the Board of Commi a LLOYD AND AssociATEs 1 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. . r 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. ��-��! f• p 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: 15 APR i giJ i - Boa4 pur ,. 4 r 0 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 �r r 1 ►r•1V -'f' 'iter —,- In., 1.713,4 I'A .t _ v1-.• 1N,•iI r) 1fIfE AL EST AT� WIT!. 6 +37 ' i '`E TA:E-SLLviED l•��7.4`+ l��Rfl _ ___L,3 n `� n :X•TYPC��I A' F i •t OHi=CKS P4Yn3l,F T[1c J i 7 fwinL 516.o3 nENF F. "tn4rTS ..� ,t gES f0114TY 306.48 C A(►�TI. �'+ TTY p.n.Pox 1 cro :X -TYPE a AVVAL 61 75" 1 TNF(r ?.?2.I+5 VEQ[I rFAru . Fly. a n IQF 23400 7 41:oEA!;F 77.14 .� :- OTAL 1290.2.6 ?t' 33 3R (,nnl orae c-0001/0 �n TAY r'?Lo_cr-rno Imn VTV FfPMS rn KI!n' P3S 2 25 L I �afC .1. -1 -TTY AXVAL 113,69:• TwF.Q TQACTc D�Tt� nny 1?`O , v PINKF.R,1?14'IAn r AII.USTA, : 4456 HIrKOPY UTLL RLVn n I �� n enr.F, �cea?CIl�" G YA w1E s TITUSVILLE FL 3?7a^ I?TEL 2355.23 Cc' cArc ?n 33 3p rf%nl nliC i ronoi/0 (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 s VIXR/k PLATA1 alp, Trs 9 E 10 - 5/5/77yi r t ZnZ PP ?K7 (n!? RK 4?q PR ` PhYTnti gg 45439 1 jai 71 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 S! ( TN'r. A T F rnt;+�r•.�921 >^rl,i FSY4T': JA—�x 7 7hf n9 7 9R� 4 o Fr.. t ..1 ,A7(•;: A(►�TI. �'+ :X -TYPE Ilii' olr TAXES LEVIED 7 l.65 marc cgyl\r.LF Tn: GF4lG F. MrDvTS :- ASSESSEDV LUES iNTv 564 22 TAY r'?Lo_cr-rno 3 L I �afC .1. -1 -TTY AXVAL 113,69:• TwF.Q �t: 41c.__ D�Tt� nny 1?`O , v �() IRF 42q.CC n I �� n enr.F, �cea?CIl�" G YA w1E s j c I?TEL 2355.23 Cc' cArc ?n 33 3p rf%nl nliC i ronoi/0 i IND RIY FAnMS CC cUP PRC 2 25 NHALEN J2,HrPAFRT E TPS 11,17• 1.3 F 1.4, LrSS Rn s VIXR/k PLATA1 alp, IN T7 17, 1- F 1.4 AS ?V RK 313 323nR S ['IKIF ZnZ PP ?K7 (n!? RK 4?q PR ` PhYTnti gg 45439 1 jai 71 •- _ �(i j'�1 t• (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 IJ Cliff t11•tM Ot1O r rtnrrrL:o rwtra a r 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. .J a l: .i h I :i t f 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 G a • E 800 34 phcE 281:11 ' l d a It -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' � w 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 • i i i i i s ' s V { j • 1 i • I I a i j 1 i { 3 w i 59 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 70 l 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 A f '34 PAurF 3 S P11 f . 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 j P11 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 , 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 u P 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 J 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 'J i 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 i 1 i f 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 r t 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 C". a • n s 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' a� 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 -j I 1 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 r . r4zlf.r • { 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