HomeMy WebLinkAbout5/14/1978WEDNESDAY, MAY 24, 1978
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA,
ON WEDNESDAY, MAY 24, 1978, AT 8.30 O'CLOCK A.M. PRESENT WERE
WILLIAM C. 14ODTKE, SJR., CHAIRMAN; ALMA LEE LOY, VICE CHAIRMAN; AND
R. DON DEESON. ABSENT WERE 1",'ILLARD W. SIEBERT, .JR., AND EDWIN S.
SCHMJUCKER; COMMISSIONER SIEBERT BEING OUT OF THE COUNTRY AND
COMMISSIONER SCHMUCKER BEING CONFINED TO BED BY HIS DOCTOR WITH A
SEVERE CASE OF VIRUS, INTERGOVERNMENTAL COORDINATOR, L.S. "TOMMY"
Y
THOMAS WAS ABSENT ON VACATION. ALSO PRESENT WERE .JACK G. .JENNINGS,
COUNTY ADMINISTRATOR, GEORGE G. COLLINS, .JR., ATTORNEY TO THE BOARD
OF COUNTY COMMISSIONERS, .JEFFREY BARTON, FINANCE OFFICER, AND
VIRGINIA HARGREAVES, DEPUTY CLERK.
THE CHAIRMAN CALLED THE MEETING TO ORDER.
CHAIRMAN WODTKE LED THE PLEDGE OF ALLEGIANCE TO THE FLAG
AND DR. G. JULIUS RICE, PASTOR OF THE COMMUNITY CHURCH, GAVE THE
INVOCATION.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE REGULAR MEETING OF MAY 10, 1978.
COMMISSIONER LOY REQUESTED THAT ON PAGE 32, 4TH PARAGRAPH,
'LONING COMMISSION" BE CORRECTED TO "SITE PLAN REVIEW COMMITTEE,"
AND THAT ON PAGE 81, "LAODS" BE CORRECTED TO "LOADS."
THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER
s, DEESON, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED
THE MINUTES OF THE REGULAR MEETING OF MAY 10, 19781 AS WRITTEN.
ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER DEESON,
THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A PERMIT TO
CARRY A CONCEALED• FIREARM OF DR. J"JARf EN HAROLD ROSSWAY,
THE BOARD DISCUSSED THE BUDGET AMENDMENTS RECOMMENDED BY THE
FINANCE OFFICER. COMMISSIONER LOY NOTED THAT WE ARE NOW COMPLETING
ABOUT EIGHT MONTHS IN THIS YEAR IS BUDGET AND SHE FELT THE CHANGES
SUGGESTED ARE NORMAL CHANGES TO BE EXPECTED THIS TIME OF YEAR.
CHAIRMAN WODTKE INQUIRED ABOUT THE BUDGET AMENDMENT FOR
BOOK 35 PAGE
MAY 2 419P7
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DATA PROCESSING, AND FINANCE OFFICER BARTON EXPLAINED THAT OUR CONTRACT
FOR DATA PROCESSING IS A TWO-YEAR CONTRACT THAT EXPIRES IN APRIL,
WHICH DOESNIT COINCIDE WITH THE COUNTY'S FISCAL YEAR. HE CONTINUED
THAT IT WAS ALSO NECESSARY TO PURCHASE A NEW PROGRAM AS MANDATED BY
THE STATE. MR. BARTON STATED THAT THE BULK OF THE MONEY IS NEEDED FOR
THIS NEW PROGRAM BECAUSE THE INCREASE IN RENTAL RATES IS NOT A GREAT
AMOUNT. HE SUGGESTED THAT THE COUNTY PAY OFF THE AMOUNT DUE ON THE
NEW PROGRAM NOW SO IT DOESN'T OVERLAP INTO NEXT YEAR.
CHAIRMAN VADTKE ASKED IF THE COUNTY WILL THEN OWN THE PROGRAM,
AND MR. BARTON STATED THAT THEY WILL.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT
PROVIDING ADDITIONAL FUNDS TO PAY THE INCREASED RENTAL RATES TO LBM
FOR DATA PROCESSING EQUIPMENT AND TO PAY OFF THE PURCHASE OF THE NEW
STATE MANDATED PROGRAM FROM IBM.
ACCQUNT TITLE ACCOUNT N0. INCREASE DECREASE
EQUIPMENT RENTAL 01-2551-331 $4,090.00
RES. FOR CONTINGENCIES 01-9990-701 $4,090.00
ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT
PROVIDING ADDITIONAL FUNDS FOR MAINTENANCE OF BUILDINGS AND GROUNDS.
ACCOUNT TITLE ACCOUNT No. INCREASE DECEASE
MAINTENANCE BLDG & GROUNDS 01-2670-337 $2,000.00
RES. FOR CONTINGENCIES 01-9990-701 $2,000.00
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT
PROVIDING ADDITIONAL FUNDS FOR OFFICE EXPENSES OF THE BUILDING & ZONING
DEPARTMENT:
ACCOUNT TITLE ACCQUNT N0, INCREASE DECREASE
OFFICE EXPENSE 01-3-40-205 $200.00
RES. FOR CONTINGENCIES 01-9990-701 $200.00
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT
PROVIDING ADDITIONAL FUNDS TO THE ROAD & BRIDGE DEPARTMENT FOR TRAFFIC
4
i BOOK 35 PAGE 02
V
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SIGNS AND SIGNALS AT THE ACCESS TO THE NEW HOSPITAL, WHICH IS A CAPITAL
ITEM TO BE FUNDED FROM FEDERAL REVENUE SHARING MONIES.
ACCOUNT TITLE ACCOUNT No INCREASE DECREASE
TRAFFIC LIGHTS & MARKERS 62-4102-405 $8,000.00
RES. FOR CONTINGENCIES 62-9990-701 $0,000.00
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
OEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT
PROVIDING ADDITIONAL FUNDS FOR SMALL EXPENDABLE TOOLS FOR THE ROAD
AND BRIDGE DEPARTMENT:
ACCOUNT TITLE ACCOUNT No. INCREASE D CRE EASE
TOOLS & SMALL IMPLEMENTS 02-4102-207 $500.00
RES. FOR CONTINGENCIES 02-9990-701 $500.00
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT
PROVIDING ADDITIONAL FUNDS FOR THE PORT -A -LETS AT WABASSO AND
AMBERSAND BEACHES:
ACCOUNT TITLE ACCOUNT No. INCREASE DECREASE
DISC. SUPPLIES & EXPENSES 01-6102-204 $1,500.00
RES. FOR CONTINGENCIES 01-9990-701 $1,500.00
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED THE CHAIRMAN'S SIGNATURE
TO FORM RE APPOINTMENT OF DEPUTY SHERIFF CARL H. HEFNER.
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AT YERO $EACH, 1NDIAN,RIVER COUNTY ,, •• '; .; , •. •r• ,' r • '
' FLORIDA, -KIS 5th DAY OF • May.
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-Notary Pubfle, State of Fiorfda at Largo !
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riled with the Board of County Commissioners of Indian River County, Blond% this, 24t h day of Meq
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//'O'liiE HONORABLE BOARD OF -COMMISSIONERS 021 INDIAN RNER COUNTYs FLtr:
1 �CARC H : "HEFNER
I herewith appoint
• •of _ VERO BEACH, '
, Florida, a Deputy Sheriff•cf Indian River County, Florida to +yet under
• me,W Sheriff of said County.
I
• The name and number, of the voting precinct of said Deputy isainct i
River — y Florida
••.
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STATE OF FLORIDA
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s COUNTY OF INDIAN RIVER
/
J/r CARL H. HMER •
do solemnly -sweat that I will support, protect and defend the Con-
sWution and Government of the United States and of the State of Florida] that I am duly qualified to hold office under the
Constitution of the Statoi and that I win wall and faithfully porform the duties of Deputy Sheriff of Indian diver County,
• Florida, in which I am now about to anter.
So help me Cod.
•'
SUBSCRIBED AND SWORN TO BEFORE ME
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AT YERO $EACH, 1NDIAN,RIVER COUNTY ,, •• '; .; , •. •r• ,' r • '
' FLORIDA, -KIS 5th DAY OF • May.
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-Notary Pubfle, State of Fiorfda at Largo !
MY commission expries Oct. 13, 1980 1 r °•,iI , '
' r r•r • o r r:r.r r•r r.r rw w r r r w a r • r r r.
FLIED WrW M$ WIS 7�4 QDAY OF � May . 19
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'. i ' . ; .1.';i,• Clark, Circuit Court, Indian Riar County, Florida
:r',.r.r •r wi r. °.•r r•r w•w.r . r -•r-� r,.6..P. r.r r ,
riled with the Board of County Commissioners of Indian River County, Blond% this, 24t h day of Meq
• Vii. '' .. 1 .. '• ' . •
/ •s Chairman, Board of County Commi ibners
... •... . a • • 1
' ,� Ilr .a•'ti;•i ,•1;y 7! '.1 �•. •, •�►i�iESi�/ ' �� _l.�K�_C.. /Iti
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ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY GRANTED RETRO -ACTIVE APPROVAL OF
ADMISSION OF JAMES N. MCLAIN TO THE A.G. HOLLEY STATE HOSPITAL.
ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAYROLL, CIRCUIT
COURT, SPRING TERM, 1978, IN THE AMOUNT OF $186.60.
THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN
THE OFFICE OF THE CLERK:
�
OUNTY WELFARE DEPARTMENT, MARCH, 1978 1978
EPORT OF CONVICTIONS, CIRCUIT COURT, -COURT, -:MAY,
OUNTY COURT, TRAFIC VIOLATION BUREAU N NCIAL REPORT, APRIL, 1978
RAFFIC VIOLATION FINES BY NAME, APRIL, 9�8
.JAMES BEINDORF, ENGINEER, CAME BEFORE THE BOARD IN REGARD
TO FINAL APPROVAL OF GLENDALE LAKES UNIT TWO. HE EXPLAINED THAT THIS
UNIT HAS THREE LOTS ON 9TH LANE, WHICH IS PART OF -RECORDED UNIT ONE,
AND THE THREE OTHER LOTS ARE ON A NEWLY CONSTRUCTED ROADWAY, 44TH
COURT. HE STATED THAT THIS UNIT IS READY TO BE PLATTED.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAS BEEN
OVER THIS SUBDIVISION WITH MR. BEINDORF, AND IT IS IN ORDER.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL TO GLENDALE LAKES
UNIT TWO.
MR, BEINDORF NEXT REVIEWED RAIN TREE CORNER SUBDIVISION WITH
THE BOARD AND NOTED THAT THE SUBDIVISION REVIEW COMMITTEE WANTED AN
EASEMENT LEFT FOR RIGHT-OF-WAY AT THE SOUTH END IN CASE THE
z COUNTY MIGHT WANT THIS FOR A FUTURE ROADWAY. PSR. BEINDORF STATED THAT
THEY HAVE NOTED ON THE PLAT THAT THE SETBACKS FOR ANY BUILDINGS WOULD
BE FROM THE NORTH LINE OF THE PROPOSED FUTURE EASEMENT.
ADMINISTRATOR JENNINGS STATED THAT HE HAS INSPECTED THIS
SUBDIVISION, AND IT ALSO IS IN ORDER.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON,
THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL TO RAIN TREE CORNER SUB-
DIVISION.
ATTORNEY MICHAEL O'HAIRE CAME BEFORE THE BOARD REPRESENTING
MRS. HELEN M. GANNON WHO IS REQUESTING A SPECIAL EXCEPTION IN ORDER
0
Y 2 1978 ma 35 PAGE 05
P
SHERIFF JOYCE STATED THAT COMMUNICATIONS ARE THE BACKBONE
OF POLICE WORK AND THAT HE IS VERY MUCH IN FAVOR OF THIS REQUEST,
ATTORNEY COLLINS DISCUSSED THE POSSIBILITY OF GETTING
FURTHER BIDS ON THESE RADIOS UNITS,
TROOPER SICKMAN INFORMED THE BOARD THAT THIS IS THE
LOWEST PRICE FROM A STATE LISTED CONTRACTOR, AND SHERIFF JOYCE
CONFIRMED THAT GENERAL ELECTRIC IS LOW BIDDER ON THE STATE CONTRACT
AND HE DID NOT BELIEVE YOU COULD GET A BETTER PRICE,
COMMISSIONER LOY ASKED IF THE HIGHWAY PATROL WOULD BE WILLING
TO SIGN AN AGREEMENT THAT THESE ARE COUNTY PROPERTY AND WILL BE
RETURNED.
TROOPER SICKMAN STATED THAT THEY DEFINITELY WOULD, AND
SHERIFF .JOYCE AGREED THAT THESE RADIOS WOULD HAVE TO BE PUT ON
INVENTORY AND WOULD BE ASSIGNED TO A TROOPER BY SERIAL NUMBER. WHEN
A TROOPER IS TRANSFERRED, THE RADIO WOULD BE RETURNED AND REASSIGNED,
CHAIRMAN WODTKE DISCUSSED INSURANCE, AND ATTORNEY COLLINS
FELT SINCE THEY WILL BE COUNTY PROPERTY, THEY CAN BE INCLUDED ON THE
COUNTY POLICY.
COMMISSIONER DEESON FELT SUCH UNITS WOULD BE AN ASSET
TO THE CITIZENS OF THE COUNTY, AND COMMISSIONER LOY AGREED.
ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED THE REQUEST OF THE FLORIDA
HIGHWAY PATROL AS PRESENTED BY TROOPER SICKMAN AND ATTORNEY GREEN,
FOR THE PURCHASE OF FIVE PORTABLE TWO-WAY RADIOS, INCLUDING A TWO-
YEAR MAINTENANCE CONTRACT, .IN AN AMOUNT NOT TO EXCEED $5,705.00,
TO BE TAKEN FROM FEDERAL REVENUE SHARING FUNDS, AND APPROVED THE
FOLLOWING BUDGET AMENDMENT:
ACCOUNT TITLE ACCOUNT 1110, INCREASE DECREASE
OTTER LAW NFORCEM NT OFFICER
V LORIDA HIGHWAY PATROL 62-3103-402,99 $5,705,00
RES. FOR CONTINGENCIES 62-9990-701,00 $5,705.00
SHERIFF .JOYCE THEN DISCUSSED WITH THE BOARD THE SPOIL
ISLANDS, NOTING THAT THE BOAT CLUB MAINTAINS ONE OF THESE ISLANDS
AND HAS SOME FACILITIES AND DOCKS LOCATED ON IT WHICH ARE USED BY
THE PUBLIC. HE NOTED THAT THE BOAT .CLUB DOES NOT WISH TO CONTINUE
10
Y 2 4 1978 35
ATTORNEY GREEN NOTED THAT THERE ARE FIVE TROOPERS CURRENTLY
ASSIGNED TO INDIAN RIVER COUNTY, AND THEY ARE AN INTEGRAL PART OF THE
SAFETY OPERATION IN THIS COUNTY. MR. GREEN THEN EXPLAINED THE PRESENT
PROCEDURE THE TROOPERS MUST FOLLOW IN ORDER TO CONTACT A DEPUTY SHERIFF
DIRECTLY, WHICH PROCEDURE CAUSES DELAYS'AND CAN HAVE SERIOUS
CONSEQUENCES, HE STATED THAT THE TOTAL AMOUNT REQUESTED WOULD BE
$5,705.00, WHICH INCLUDES A MAINTENANCE CONTRACT FOR TWO.YEARS. THE
RADIOS WOULD BE HELD IN THE NAME OF THE COUNTY, BUT WOULD BE
MONITORED BY THE HIGHWAY PATROL TROOPERS. MR. GREEN INFORMED THE BOARD
THAT SHERIFF .JOYCE CONCURS WITH THIS REQUEST.
CHAIRMAN VfODTKE ASKED IF THESE PORTABLE UNITS CAN BE
UTILIZED WHILE THE TROOPER IS TRAVELING.
TROOPER SICKMAN STATED THAT THEY CAN AND THAT THEY WILL REACH
TO THE MORTH COUNTY LINE AND PERHAPS S MILES WEST OF TOWN.
DISCUSSION FOLLOWED IN REGARD TO THE NEED FOR FOUR CHANNELS.
MR. GREEN EXPLAINED THAT THESE RADIOS HAVE THE CAPABILITY FOR FOUR
CRYSTALS, AND IF THE PATROLMAN WAS OUT OF HIS CAR, HE WOULD BE ABLE
TO COMMUNICATE NOT ONLY WITH THE DEPUTY SHERIFFS, BUT ALSO WITH HIS
OWN SUPERIORS, THE EXTRA CHANNELS JUST GIVE THEM EXTRA CAPABILITIES.
ATTORNEY COLLINS ASKED HOW IT HAS EVOLVED THAT THE STATE
TROOPERS CAN'T COMMUNICATE DIRECTLY WITH THE SHERIFF'S DEPARTMENT,
AND SHERIFF JOYCE EXPLAINED THAT MOST SHERIFF'S DEPARTMENTS ARE ON
HIGH FREQUENCY WHILE ALL STATE TROOPERS ARE ON LOW FREQUENCY, AND
THUS THEY ARE NOT COMPATIBLEIALTHOUGH.POSSIBLY THIS SITUATION MAY
CHANGE IN THE FUTURE.
e
MR. GREEN NOTED THAT IN THE EVENT THE HIGHWAY PATROL'S
COMMUNICATONS EVER DO BECOME COMPATIBLE WITH THE SHERIFF'S, THESE
UNITS WOULD BE OWNED BY THE COUNTY AND COULD BE GIVEN TO THE SHERIFF
AT THAT TIME BECAUSE THEY WILL BE COMPATIBLE WITH HIS EQUIPMENT.
CHAIRMAN WODTKE INQUIRED ABOUT THE TIME NECESSARY TO
TRANSFER CALLS, AND TROOPER SICKMAN INFORMED HIM THAT THEY HAVE ONE
DISPATCHER WHO HANDLES FOUR COUNTIES, AND THE TIMING WOULD DEPEND
ON THE PRIORITY THE CALL WOULD TAKE AND WHETHER OR NOT THE LINES
WERE TIED UP,
MAY 2 4 1978 goo 35 PACE On
• 4
MOBILE
ER
GENAL ELECTRIC
RADIO
GENERAL ELECTRIC COMPANY, SUITE 204, KOGER BLDG., 8675 EXECUTIVE CENTER DR. DEPARTMENT
MIAMI, FLORIDA 33166, Phone (305) 592-6267
May 1, 1978
Trooper Sickman
Florida Highway Patrol
Vero Beach, Florida
Dear Trooper Sickman:
In accordance with your request, General Electric is pleased
to offer the following quotation per our Florida State
Contract.
GE Model PE66RASAMX Portable Basic Price - - - - - -$520.00
K 4 Channels - - - - - - 165.00
MR Channel Guard - - - - 90.00
4238 Battery - - - - - - 39.00
4492 Case (belt) - - - - - - 21.00
4325 Coil Spring Antenna - - 9.00
361L3AlX Desk Charger- - - - - - 63.00
$907.00 ea.
4238 Spare Battery - - - - -$ 39.00 ea.
I have enclosed literature for your review and, if you have any
questions, please call.
Very truly yours,
J. R. Webber
Territory Account Manager
JRW/t
enols.
MAY 2 4 1978
MAILING AOORMS
POST OFFICE BOX 6804
VCR* BEACH. FL.ORTOA 32060
NORMAN A. GREEN
ATTORNEY AND COUNSELOR AT LAW
1646 14TH AVENUE
VERO BEACH. FLORIDA
BOARD OF COUNTY COIMKISSIONERS
t Indian River County Courthouse
Vero Beach, Florida 32960
11
'z
Gentlemen:
TRuMHONE
660 -loot
• AREA COOS 306
May 1, 1978
The function of the Florida Highway Patrol is.to
enforce the highway laws of this State, insuring us of a
safer environment for the operation of motor vehicles.
The Patrolmen assigned to Indian River County work closely
with the Sheriff of Indian River County. Unfortunately,
the radio systems of each department are not compatible
with one another causing great delay when it is necessary
for either department to communicate with the other. This
situation occurs frequently during investigation of
accidents and sometimes delays the summoning of ambulances
to accident scenes. It can also be extremely hazardous
when both departments are involved in the attempted
apprehension of an offender, since Highway Patrolmen and
Deputy Sheriffs are unable to directly communicate with
one another during such a maneuver.
Recently, vigilant and diligent action taken by
the Highway Patrol resulted in the arrest of an individual
on narcotics charges and the subsequent forfeiture of
$20,000.00. This money went into Indian River County's
general fund. As a former prosecutor and chairman of the
Kiwanis Club, Vero -Treasure Coast, Safeguard Against Crime
Committee, I would strongly urge the County Commission to
use a portion of those confiscated funds to provide five
portable two-way radios to the Florida Highway Patrol.
These radios would be used in our County exclusively, and
would be compatible with the Sheriff's radio freq_ue'ncies�.
Thus, the Florida Highway Patrolmen assigned to our County
could use these portable radios in their vehicles for
communicating with the Sheriff's Office, thereby eliminating
the necessity for three extra communications each time it
is necessary to summon help or assist our Sheriff in
apprehending fleeing offenders.
I trust you will give this correspondence considera-
tion and if you desire, I would be happy to appear before
you with the Highway Patrolman assigned to this County, in
order to expedite the allocation of these funds by you.
Very truly yours,
LZ
• E L
NORMAN A. GREEN, ESQUIRE
PGGK 35 PAGE 07
TO BUILD ON HER PROPERTY,
ZONING DIRECTOR DEWEY WALKER INFORMED THE BOARD THAT THIS
PROPERTY IS LOCATED ON FLORA LANE (62ND PLACE), AND SPECIAL EXCEPTIONS
HAVE BEEN GRANTED IN THIS AREA BEFORE.- MR. WALKER STATED THAT THERE
IS ACCESS, BUT NOT OVER A PUBLIC ROADWAY; THE PROPERTY IS ZONED R-1;
AND HE FEELS THIS IS A ROUTINE SPECIAL EXCEPTION SINCE THE APPLICANT
HAS OWNED THE PROPERTY SINCE JANUARY 28, 1963.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY GRANTED A SPECIAL EXCEPTION TO HELEN M.
GANNON.
ZONING DIRECTOR WALKER NEXT DISCUSSED WITH THE BOARD A SPECIAL
EXCEPTION FOR SAM BROWN, SR., WHO HAS OWNED PROPERTY IN THE OSLO AREA
IN THE VICINITY OF POMPEY SUBDIVISION SINCE 1948 AND NOW WISHES TO
BUILD A HOME. HE DISPLAYED A SECTION MAP OF THE AREA TO THE BOARD
AND NOTED THAT HE HAS VISITED THE PROPERTY AND THERE IS A WAY TO GET
IN AND OUT. HE CONTINUED THAT THERE ARE SEVERAL HOUSES IN THIS AREA
AND SPECIAL EXCEPTIONS HAVE BEEN GRANTED PREVIOUSLY IN ORDER FOR
PEOPLE TO BUILD HERE.
ADMINISTRATOR .JENNINGS AGREED THAT THERE IS A ROAD THAT
MEANDERS BACK TO THE PROPERTY IN QUESTION, BUT IT IS NOT A DEDICATED
COUNTY -MAINTAINED ROAD. HE INFORMED THE BOARD THAT SOME IMPROVEMENT
HAS BEEN DONE IN THIS AREA UNDER THE COMMUNITY DEVELOPMENT BLOCK
GRANT.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY GRANTED A SPECIAL EXCEPTION TO SAM
BROWN, SR.
ATTORNEY NORMAN GREEN CAME BEFORE THE BOARD ACCOMPANIED BY
STATE TROOPER SICKMAN OF THE FLORIDA HIGHWAY PATROL TO DISCUSS THEIR
REQUEST FOR FIVE PORTABLE TWO-WAY RADIOS AS SET OUT IN A LETTER FROM
MR. GREEN DATED MAY 1, 1978, AND PROPOSAL FROM GENERAL ELECTRIC AS
FOLLOWS:
6
MAY 2 41978
ma 35 pArz
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MAKING IMPROVEMENTS ON THE ISLAND IF THE BOARD NOW HAS OTHER PLANS
FOR THESE ISLANDS,
THE CHAIRMAN STATED THAT HE DID NOT FEEL ANYTHING HAS BEEN
INDICATED THAT WOULD PROHIBIT CONTINUING USE OF THE BUILDINGS AND
DOCKS ON THIS ISLAND, AND COMMISSIONER LOY POINTED OUT THAT THIS
WAS DESIGNATED AS A RECREATION AREA AND SHE DID NOT FEEL THE USAGE
WOULD CHANGE,
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 NOTICE
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being NOTI County
Com HEREBY Commissioners
of Indian
Board
Of County Commissioners of Indian River
County, Florida, will receive bids to the hour of
l(,(1 9:30 A.M. Wednesday, May 24, 1978, for the
a following:
�/�) 9� v� A One new latest model tractor with diesel
in the matter of A`-' � al C � • (.1 ( n�`.li�) en., ine, 70 horsepower, displacement 270 cubic
Speci
nd
biddingfblanks sare available at he Of, instruction to fice of
the County Administrator, Room 115, County
Court House, or will be mailed upon request.
In the Court, wasThe Board Of County Commissioners
Rub The
the right to reject any or all of the
bids and make awards in any manner which
Lr�� � / / 9 �7 (I the Board considers to in the best interest of
Ifshed in said newspaper in the issues of=r C� / ri 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
r, mailed or delivered to the Office Of the County
Affiant further says that the said Vero Beach' Press-Joumal is *a newspaper published at Administrator, Room 115, County Court House,
Vero Beach, in said Indian River County, and that the said newspaper has heretofore Vera Beach, Florida 32960. Proposals received
been continuously published in said Indian River County, Florida, weekly and has been entered after 9:30 A.M. May 24, 1978, will be returned
as second class mail matter at the post office in Vero Beach, in said Indian River County,Florida unopened.
for a period of one year next preceedingthe first Indian River County, Florida
publication of the attached copy of adver- Board of County Commissioners
tisement; and affiant further says that he has neither paid nor promised any person, firm or By: William C. Wodtke Jr., Chairman
corporation any discount, rebate, commission or refund for the purpose of securing this adver- May 17,21, 1978.
tisement for publication in the said newspaper. --,�/
Sworn to and subscribed before me this a Yy A.D. 7 •
i
(Business Manager)
(SEAL) (Clerk of the Circuit Court, wian River County, Florida)
11
MAY 2 4. ` 97
BOOK 35 FACE,,
•r
THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE
NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ:
SUNRISE FORD TRACTOR Co,, FORT PIERCE
FORD MODEL 6600 $11,655,98
BERGGREN EQUIPMENT CO., FORT PIERCE
JOHN DEERE MODEL 2440 $12,745.00
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED TO
THE ADMINISTRATOR FOR EVALUATION.
THE ADMINISTRATOR INFORMED THE BOARD THAT THIS TRACTOR
WOULD BE USED AS A NEW CONCEPT IN DOING ROADWORK AND GRADING, AS
WELL AS FOR OTHER PURPOSES,
EDWARD BROWN, BLUE CROSS/BLUE SHIELD SALES REPRESENTATIVE,
CAME BEFORE THE BOARD TO DISCUSS A PROPOSED 16.9% INCREASE IN RATES,
MR. BROWN NOTED THAT -THEIR RATE ESTIMATES FOR THE LAST TWO YEARS
HAVE COME WITHIN $200,00 OF WHAT WAS NEEDED FOR THE GROUP, AND THIS
INCREASE IS SIMPLY DUE TO INFLATION AND GREATER USAGE IN DIAGNOSTIC
AND MEDICAL CARE. HE STATED THAT THE 16.9% REPRESENTS LESS THAN WHAT
THEY NORMALLY CONSIDER THE SPIRALLING OF COSTS IN THE MEDICAL FIELD,
OR 20o PER YEAR.
CHAIRMAN WODTKE ASKED HOW THEY DERIVED THE 16.9% RATE IN-
CREASE,
MR. BROWN NOTED THAT THE COUNTY HAD A LOSS RATIO OF 102x,
WHICH HE FELT WOULD NORMALLY CALL FOR AROUND A 22% INCREASE, BUT
APPARENTLY SOME CONSIDERATION WAS GIVEN TO THE FLUCTUATION OF THE
ti -
USAGE FACTOR.
COMMISSIONER LOY DISCUSSED MR. BROWNS STATEMENT THAT THEIR
COSTS GO UP 20% A YEAR, AND MR. BROWN POINTED OUT AS JUST ONE
EXAMPLE, THE NEW "CAT" SCANNER WHICH IS BEING USED CONSIDERABLY AND
HAS GREATLY INCREASED THEIR COSTS.
DISCUSSION CONTINUED IN REGARD TO INCURRED CLAIMS IN 1976-77,.
LOSS RATIOS, AND HOW LAST YEAR S RATES WERE PROJECTED,
CHAIRMAN WODTKE NOTED THAT WITH A LOSS RATIO OF 83%, WE HELD
THE SAME RATES, THIS YEAR WITH A LOSS RATIO OF 102%, WE WILL HAVE A
16,9% INCREASE IN RATES. HE FELT POSSIBLY WITH A LOSS RATIO OF 83%
WE SHOULD HAVE HAD A REDUCTION IN OUR RATES LAST YEAR.
12
MAY 2 41978
got14
M
t '
MR. BROWN POINTED OUT THAT YOU MUST CONSIDER THE
INFLATIONARY TREND OF 2p.
COMMISSIONER L.OY ASKED IF ANY OTHER INDUSTRY USES A 20%
FIGURE FOR INFLATIONARY TREND COST RISE, AND MR. BROWN DID NOT KNOW,
BUT NOTED THAT THE HEALTH CARE FIELD IS LEADING THE RACE IN
INFLATIONARY COSTS. HE POINTED OUT THAT WHEN THIS INSURANCE WAS
PUT OUT TO BID LAST YEAR, THE OTHER COMPANIES TOOK INTO CONSIDERATION
THE LOSS RATIO OF 83%, AND THEIR BIDS WERE CONSIDERABLY HIGHER THAN
THAT OF BLUE CROSS/BLUE SHIELD,
THE CHAIRMAN NOTED THAT THEIR BIDS INCLUDED OTHER THINGS,
AND IT WAS VERY DIFFICULT TO GET A TRUE COMPARISON,
MR. BROWN THEN BROUGHT UP THE FACT THAT THE COUNTY POLICY
NOW ONLY HAS A $55.00 PER DAY ROOM ALLOWANCE WHILE THE CURRENT
HOSPITAL CHARGE IS $89.00 PER DAY AND SOON WILL BE HIGHER. HE
NOTED THAT MAJOR MEDICAL DOES NOT ABSORB EXTRA ROOM CHARGES.
COMMISSIONER L.OY ASKED WHEN THE CONTRACT IS DUE TO BE
RENEWED AND MR. BROWN STATED .JUNE 15TH. SHE FELT ALL THE COMMISSIONERS
SHOULD BE PRESENT TO DISCUSS THIS MATTER, AND THE CHAIRMAN AGREED.
COMMISSIONER DEESON ASKED WHAT THE COST DIFFERENCE WOULD
BE IF THE ROOM ALLOWANCE WERE INCREASED TO $80.00 PER DAY,
MR. BROWN STATED THAT THE COST TO INCREASE THE ROOM
ALLOWANCE FOR AN INDIVIDUAL IS 11k PER MONTH FOR EACH DOLLAR OF
INCREASE AND ON A FAMILY CONTRACT, IT IS 22�,
DISCUSSION FOLLOWED IN REGARD TO CHANGING THE ANNIVERSARY
DATE OF THE CONTRACT TO OCTOBER TO COINCIDE WITH THE COUNTY'S
FISCAL YEAR.
MR. BROWN STATED THAT THIS CAN BE DONE, BUT NOTED THAT THE
RATES WOULD PROBABLY CHANGE BY OCTOBER,
CHAIRMAN WODTKE STATED THAT THIS MATTER WILL BE TAKEN UP
FOR FINAL DECISION AT THE .JUNE 7TH MEETING WHEN MORE BOARD MEMBERS
CAN BE PRESENT.
CAPTAIN WHITAKER OF THE FELLSMERE FIRE DEPARTMENT AND
ALSO COUNCILMAN OF THE CITY OF FELLSMERE, CAME BEFORE THE BOARD
TO DISCUSS REPAIRS TO THEIR LARGE AUXILIARY GENERATOR, CAPTAIN
13
AYBOOK 3 PACE 3J
WHITAKER STATED THAT THIS GENERATOR CAN SERVE TO OPERATE THE LIGHTS
IN THEIR CITY HALL AND, IN ADDITION, THE FIRE DEPARTMENT, CIVIL
DEFENSE, POLICE AND FIRE DEPARTMENT RADIOS, WHICH HE FELT COULD
PROVE TO BE A BIG ASSET TO THE COUNTY AS WELL AS THE CITY. HE NOTED
THAT THIS WAS SET UP BY THEIR FORMER MAYOR AND WAS SUPPOSED TO BE
MAINTAINED, BUT WAS NEGLECTED. CAPTAIN WHITAKER DISCUSSED THE MONEY
THAT THE CITY OF FELLSMERE HAS ALREADY SPENT TRYING TO GET THE
GENERATOR REPAIRED AND NOTED THAT THEY NOW HAVE COME TO THE LIMIT
OF THEIR FUNDS. HE CONTINUED THAT IF THE ADDITIONAL REPAIRS NEEDED
RUN OVER $200.00, MAYOR SNELL HAS OFFERED TO PAY THE EXCESS OUT OF
HIS OWN POCKET.
` COMMISSIONER DEESON ASKED IF THEY NOW HAVE A COVER OVER THE
GENERATOR, AND CAPTAIN WHITAKER STATED THAT THEY HAVE THE MATERIALS, .
BUT THE MECHANIC NEEDS THE ROOM TO WORK ON THE MACHINERY. HE NOTED
THAT IT WOULD ONLY TAKE A FEW HOURS TO ERECT THE SHED WHEN THE REPAIRS
ARE COMPLETED.
COMMISSIONER DEESON EXPRESSED CONCERN ABOUT WHO WILL
MAINTAIN THIS EQUIPMENT AND BE RESPONSIBLE FOR IT.
CAPTAIN WHITAKER INFORMED THE BOARD THAT MAYOR SNELL HAS
APPOINTED HIM TO TAKE CHARGE OF THE GENERATOR AND THAT HE WILL
GUARANTEE THAT THERE WILL BE A SHED OVER IT AND THAT IT WILL BE RUN
AT LEAST TWICE A WEEK.
ADMINISTRATOR JENNINGS NOTED THAT CIVIL DEFENSE MADE
ARRANGEMENTS WITH FELLSMERE AND WITH THE COUNTY ROAD & BRIDGE
DEPARTMENT FOR THEM TO MOVE THIS EQUIPMENT TO FELLSMERE AND INSTALL
ti IT.
COMMISSIONER Loy SAID SHE FELT THE CITY OF FELLSMERE HAD AN
AGREEMENT WITH CIVIL DEFENSE TO MAINTAIN THIS EQUIPMENT.
CAPTAIN WHITAKER STATED THAT FORMER MAYOR SIMPSON APPARENTLY
HAD AN AGREEMENT, BUT THE CITY COUNCIL DID NOT KNOW ANYTHING ABOUT IT.
COMMISSIONER Loy POINTED OUT THAT THIS IS A VALUABLE AND
IMPORTANT PIECE OF EQUIPMENT AND SOMEONE MUST MAINTAIN IT. SHE FELT
IT WILL BE NECESSARY TO HAVE A WRITTEN AGREEMENT WITH THE CITY OF
FELLSMERE IN THIS REGARD.
14
Y 2 41978
BOOK JO fW
C
�,
r
THE CHAIRMAN AGREED THAT IT MUST BE THOROUGHLY UNDERSTOOD
THAT THE CITY COUNCIL WILL BE RESPONSIBLE FOR THE PERPETUAL
MAINTENANCE OF THIS VALUABLE AND NECESSARY EQUIPMENT,
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
LAY, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR THROUGH THE
ROAD & BRIDGE DEPARTMENT TO SPEND UP TO $200 FOR REPAIRS OF THE
AUXILIARY GENERATOR AND TO REQUEST THE CITY OF FELLSMERE TO PROVIDE
THE COUNTY WITH A RESOLUTION ACCEPTING THE RESPONSIBILITY FOR
MAINTENANCE AND UPKEEP OF THIS PARTICULAR PIECE OF EQUIPMENT,
ATTORNEY COLLINS DISCUSSED THE MID FLORIDA COURT ORDER
AND STATED THAT HE FEELS .JUDGE SMITH RENDERED A VERY WELL REASONED
AND HELPFUL ORDER. HE FELT THE MAJOR POINT IS THAT .JUDGE SMITH AGREED
WITH THE COUNTY'S ARGUMENTS THAT IN DETERMINING RATES, YOU CAN
CONSIDER THE QUALITY OF WATER BEING PROVIDED, WHICH WAS STRONGLY
ARGUED AGAINST BY THE ATTORNEY FOR MID FLORIDA, ATTORNEY COLLINS
CONTINUED THAT JUDGE SMITH REMANDED THIS MATTER BACK TO THE BOARD FOR
FURTHER FINDINGS AND INDICATED THAT THE BOARD SHOULD DO TWO THINGS:
(1) THE BOARD SHOULD COME UP WITH WRITTEN DEFAULTS ON THE PART OF
MID FLORIDA, GIVE THEM NOTICE, AND GIVE THEM AN OPPORTUNITY TO
CORRECT THE DEFAULTS,
ATTORNEY COLLINS STATED THAT HE FELT THE COUNTY SHOULD AUTHORIZE THE
ENGINEER TO REVIEW THE ENTIRE SITUATION AND PREPARE AN ENGINEERING
REPORT THAT WILL BE THE BASIS FOR THE DEFAULT LETTER TO BE WRITTEN,
(2) THE BOARD SHOULD COME UP WITH SPECIFIC ACCOUNTING REPORTS AND
RECORDS THAT THEY REQUIRE FROM MID FLORIDA AND GIVE MID FLORIDA
REASONABLE TIME TO PROVIDE THIS INFORMATION,
y ATTORNEY COLLINS NOTED THAT COMMISSIONER DEESON SPECIFICALLY ASKED
FOR INFORMATION ON MID FLORIDA'S ASSETS, WHICH WAS NEVER PROVIDED, AND
THE JUDGE RECOGNIZED THE BOARD'S RIGHT TO HAVE THIS INFORMATION ON
WHICH TO BASE THEIR DECISION,
ATTORNEY COLLINS CONTINUED THAT THE JUDGE INDICATED IF THE
BOARD WERE INCLINED, THEY COULD SET UP A PROCEDURE WITH AN EXAMINER
WHO WOULD HEAR THE INITIAL ARGUMENTS ON THE MATERIAL THAT IS TO BE
PROVIDED AND THEN MAKE RECOMMENDATIONS TO THE BOARD FOR FINAL
ACTION, HE NOTED THAT JUDGE SMITH ALSO RECOMMENDED THAT THE BOARD
ESTABLISH RULES OF PRACTICE AND PROCEDURE FOR RATE HEARINGS,
15
x
Bou 35 PAGE 15
ti
CHAIRMAN VIODTKE FELT THAT HAVING AN EXAMINER CONDUCT A
HEARING SHOULD BE KEPT OPTIONAL, AND COMMISSIONER LOY AGREED.
ATTORNEY COLLINS STATED THAT HE WOULD LIKE TO SEE THE
BOARD TAKE AFFIRMATIVE ACTION IN REGARD TO THE .JUDGE'S FINDINGS
AND SUGGESTED THAT COMMISSIONER DEESON BE APPOINTED TO GATHER
THE SPECIFIC INFORMATION NEEDED AND HE WOULD WORK WITH HIM.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AGREED THAT THE MATTERS AS SET
OUT IN THE COURT ORDER DATED MAY 11, 19781 RE MID FLORIDA UTILITIES
VS. INDIAN RIVER COUNTY, CASE #77-1045, BE MOVED AHEAD ON BY THE
COUNTY, SPECIFICALLY AS TO OBTAINING NECESSARY ENGINEERING REPORTS
CITING SPECIFIC DEFICIENCIES AND DEFAULTS, AND GATHERING OF
ACCOUNTING INFORMATION TO BE PROVIDED BY :MID FLORIDA UTILITIES;
AND AUTHORIZED THE ATTORNEY TO ESTABLISH RULES OF. PRACTICE. AND
PROCEDURE FOR FUTURE RATE CASES,
SAID COURT ORDER IS HEREBY MADE A PART OF THE MINUTES.
MAY 2 4 1978
16
booK 35 PAGE 1
IN THE CIRCUIT COURT OF THE NINE-
TEENTH JUDICIAL CIRCUIT IN AND FOR
INDIAN RIVER COUNTY, FLORIDA.
CASE NO. 77-1045
MID -FLORIDA UTILITIES, INC., ) 4
Petitioner, )
VS. )
BOARD OF COUNTY COMMISSIONERS )
OF INDIAN RIVER COUNTY, FLORIDA,
Respondent
O R D E R
Petitioner, Mid -Florida Utilities, Inc., seeks review
I
by certiorari of Respondent, Board of County Commissioners of
Indian River County, Florida Resolution No. 77-111, which denied
Petitioner's application for authority to increase its water
rates to customers in Indian River County, Florida.
r
This case arose out of an application for a water
rate increase initially filed by Petitioner, Mid -Florida, under
a franchise known as the "Rockridge Water and Sewer Franchise.".
Mid -Florida claims a fair rate of return would be 10.9%; that
its proposed rates would produce that fair rate of return and
that the rates presently being charged by Mid -Florida were not
producing any rate of return, and therefore, were confiscatory.
.Mid -Florida also contends that the Respondent Board is without
authority to consider the quality of service and the quality of
r;
water in determining whether or not Mid -Florida's application
..for rate increase should be granted. Mid -Florida is also
claiming that the Board departed from essential requirements of
law and failed to give any consideration.to the financial needs
of Mid -Florida and its denial of Mid -Florida's application for
rate increase deprived Mid -Florida of its property without just
compensation in violation of guarantees of the Florida and
Federal constitution. Mid -Florida is asking the Court to order
the Board to.grant the rate increase it asked for and to find
that a fair and reasonable rate of -return for Mid -Florida is
10.9%, and that the rate increase.go into effect immediately.
1978
n
v
That if the Court did consider the quality of water as a factor
in determining a fair and reasonable rate of return, that the
rate of return then should be at a low scale instead of middle
or high scale rate of return.
Mid=Florida also claims it has been at a disadvantage
in trying to identify and properly address the underlying
reasons for the Board's error in Resolution No. 77-111 because
of the failure of the Board to render an order or resolution
properly setting forth its findings of fact and conclusions in
this case.
The Board contends that Resolution No. 77-111 sets
forth sufficient findings and is based on competent evidence.
The Board further contends that it has a legal right to withhold
a rate.increase because of the poor quality of the water or poor
quality of the water distribution system. The Board requests
that Resolution No. 77-111 be upheld and in effect, that the
rate increase be denied, or if the case is remanded for further
hearings before the Board, that it be remanded with appropriate
instructions by the Court as to what should be included in the
findings of fact.
The primary question is whether the Board has specific
authority to completely deny a rate increase based solely on the
fact that the water quality is poor or the water quality fails
to meet minimum State.Health Standards.
Mid -Florida admits that the Public Service Commission
has the authority to deny rate increases because of an ineffi-
cient water distribution system, but argues that this is solely
because of specific statutory authority and no such authority
exists by the Board. Mid -Florida also points out that the Board
does have authority to institute proceedings so that this water
franchise can come under the Public Service Commission.
This franchise, known as "Rockiidge Water and Sewer
Franchise," provides in Section 14 that the Utility Company is
entitled to a "fair rate of return on the net valuation of its
-2-
0
[___11
• w
properties devoted thereto under efficient and economical
management." This section also provides that rates remain
effective until changed or modified as provided by this
franchise.
Section 17 of the franchise provides that should
< the utility company desire to increase any charges heretofore
established and approved by the Board, then the utility
company notifies the Board in writing and sets forth the
schedule of rates and charges which it proposes and that
special hearings shall then'be held with appropriate notices.
Section 8 of the franchise provides that the quantity and'
quality.of the water delivered and sold by the utility company
shall at all times be and remain not inferior to the rules,
regulations and standards now or hereinafter adopted by the
State Board of Health from time to time.
El
In Special Acts, Chapter 54-1380, known as. the
Utility Act of Indian River County, it provides among other
things that if any person or party served by a utility company
operating under a franchise from the Board complains to the
Board concerning the rates, charges and operations and such
utility, after request is made by the Board, fails to satisfy
or remedy the complaint or objection, the Board, after due.
notice, shall schedule a hearing and the Board may review
the rates and charges by such utility company and the nature
and character of the service it furnishes and the qualify of
service furnished pursuant to such franchise. This special act
further provides that if the utility.company fails or refuses
to properly abide by the terms and provisions of the franchise,
the Board, after written notice to the utility company of such
defaults and defects and reasonable time in which to remedy the
situation and properly furnishes the service required by the
franchise,may limit or restrict said franchise or may terminate
and cancel the franchise after proper reasons are found by the
Board.
-3-
4
• Taking into account all of the .terms of the franchise
itself and the Utility Act of Indian River County, it is clear
that it was intended that the quality of water and the quality
of service the utility company. furnishes under its franchise
can be a major factor in determining a fair rate of return.
Therefore, -the Court finds that the Board has specific
authority to consider the quality of water and the quality of
service the utility company renders in determining a fair rate of
return. North Florida Water Company v.-Bedis, 302 So.2d 129;
United Telephone Company of _Florida v.' Mayo, 215 So.2d 609. The
Board did not have authority to deny a rate increase solely on a
y
finding that the quality of water or the quality of service was
poor, since the Board did not give Mid -Florida a reasonable
time to remedy or correct any deficiencies.
It is established law that administrative orders must
set forth specific findings of fact to support the conclusion
reached. Central Truck Lines,'Inc. v.' King, 146 So.2d 370;
McRae v. Robbins, 9 So.2d 284.
Resolution No. 77-111 incorporates by reference
reasons set out in the minutes of the Board.'s meetings of two
different dates, but these minutes consist of fifty-five legal
size pages. Reference to these minutes are not findings of fact
to support the Board's Resolution denying the rate increase. It
is necessary for the Board to make specific findings of fact,
which they found from the evidence to be true so that a court
reviewing this matter could determine whether or not the facts as
found by the Board constitute legal grounds for the denial of the
rate increase and whether the record contains competent and sub-
stantial evidence to support the findings reached by the Board.
Hickey v.. Wells, 91 So.2d 206; Laney v.' Holbrook, 8 So.2d 465.
The Petition for Writ of Certiorari is hereby granted,
and Resolution No. 77-111 of -the Board of County Commissioners of
Indian River County, Florida is hereby quashed.
This cause is hereby remanded to the Board of County
Commissioners of Indian River County, Florida for the said Board
-4-
BOOK 35 PAGE 20
0
ti
to make specific findings of fact in this case, including the
following:
(1) The fair rate of return on the net valuation of
Mid -Florida's properties.
..(2) The net valuation of Mid -Florida's properties
used in its utilities system for this franchise.
.(3) The amount of gross revenues Mid -Florida derived
under this franchise for its latest fiscal year.
(4) The latest annual expenses of Mid -Florida that
were related to the operation of.this franchise under efficient
and economic management.
(5) If the Board determines that Mid -Florida is
furnishing a poor quality of water or poor service, then specific
findings as to this should be stated by the Board, including
whether the water quality meets minimum state standards,
(6) Any other specific findings of fact which legally
justify the Board in denying a rate increase or in granting a
lower rate increase than requested by Mid -Florida.
On remand, the Board must give Mid -Florida a written
notice of any specific deficiencies or defaults and must give
Mid -Florida a reasonable time in which to remedy and correct the
deficiencies or defaults to properly furnish the water service
required by the fra c� hjsa, Utility Act of Indian River County,
Sec. 24-26(h). In addition, the Board must make a written re -
quest of the specific accounting reports and data which the
Board requires from Mid -Florida and give Mid -Florida a rpaSon-
able time in which to furnish to the Board such reports and data.
P
Section 15 of the franchise. After Mid -Florida has furnished
such accounting records, the Board shall then fix a fair rate of
return -on the net valuation of Mid -Florida's property based upon
the evidence presented at the public hearings.
Determination of a fair and reasonable rate of return
for services performed by a utility.company is time consuming
and complicated, and the methods used by the experts in this
field are probably incomprehensible by laymen. For this reason,
-5-
Boa 35 PAGE 21
I
it would be desirable if the Board would appoint an examiner
who is an expert in this field to make tentative recommendations
and findings of fact to the Board. In addition, the Board
should adopt rules of practice and procedure for.utility rate
hearings in order that all parties have an'opportunity to present
their side in a fair and orderly process.
DONE and ORDERED in Chambers iri Vero Beach, Indian
River County, Florida this'; r�_ay of May, 197$.
Circuit Judge `
Copies furnished to:
B. Kenneth Gatlin, -Esq.
George C. Collins, Esq. .
William H. Caldwell, Esq.
b
809K 35 PAGE 22
u
21
,r
F
CHAIRMAN WODTKE NEXT DISCUSSED DESIGNATING A COUNTY LIAISON
TO THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT. HE NOTED THAT
COMMISSIONER SIEBERT HAS DETERMINED THAT JAMES HUFF, EXECUTIVE
DIRECTOR OF THE INDIAN RIVER CITRUS LEAGUES HAS A CONFLICT AND
CANNOT ACCEPT THIS RESPONSIBILITY AND INFORMED THE BOARD THAT
COMMISSIONER LOY HAS DISCUSSED THIS POSITION WITH PETE SPYKE,
EXTENSION AGRICULTURAL AGENT, WHO IS WILLING TO BE THE COUNTY
LIAISON. `
COMMISSIONER LOY NOTED THAT MR. SPYKE WILL DISCUSS THIS
REQUEST WITH THE FLORIDA AGRICULTURAL EXTENSION DEPARTMENT TO SECURE
THEIR CONCURRENCE AS THIS IS ONE OF THEIR TOP PRIORITY PROJECTS,
ESPECIALLY AS IT DEALS WITH AGRICULTURE.
CHAIRMAN WODTKE INFORMED THE BOARD THAT HE HAS, THEREFORE,
WRITTEN THE ST. .JOHNS RIVER WATER MANAGEMENT DISTRICT DESIGNATING
PETE SPYKE, EXTENSION AGRICULTURAL AGENT, AS THE COUNTY LIAISON TO
ST. .JOHNS RIVER WATER MANAGEMENT DISTRICT.
ADMINISTRATOR JENNINGS REPORTED ON COUNTY SEWER AND WATER
FRANCHISES. HE NOTED THAT THEY ARE HAVING PROBLEMS WITH THE
FRANCHISE FORM THAT WAS ESTABLISHED SOME TIME AGO, AND THEY FEEL
THAT THE REQUIREMENTS FOR OBTAINING A FRANCHISE SHOULD BE REVIEWED
AND UPDATED. THE ADMINISTRATOR DISCUSSED. THE PROBLEM OF RELEASE
OF PART OF A FRANCHISE AREA WHERE THE FRANCHISE HOLDER IS ALREADY
NOT IN CONFORMANCE WITH DER REQUIREMENTS. HE STATED THAT THIS JUST
COMPOUNDS A BAD SITUATION, AND HE DID NOT BELIEVE THE COUNTY SHOULD
t CHANGE A FRANCHISE IN ANY WAY UNTIL THE FRANCHISE HOLDER IS IN
COMPLETE COMPLIANCE WITH THE OTHER GOVERNMENTAL REGULATORY AGENCIES.
ATTORNEY COLLINS NOTED THAT THIS BOARD PREVIOUSLY AUTHORIZED
THE CONSULTING ENGINEER TO BEGIN UPDATING REPORT INFORMATION
NECESSARY TO PLACE THE COUNTY IN A POSITION OF GOING INTO THE WATER
BUSINESS ON A COUNTYWIDE BASIS. HE POINTED OUT THAT THE COUNTY
FREQUENTLY RECEIVES FRANCHISE REQUESTS THAT MAY OR MAY NOT FIT IN
WITH THE COUNTY'S GOAL OF GETTING INTO THE WATER BUSINESS, WHICH
PUTS THE lb- MINISTRATOR IN THE DIFFICULT POSITION OF HAVING TO
PLACE MATTERS BEFORE THE BOARD THAT COULD BE INCONSISTENT WITH THE
REPORT THAT WILL COME OUT IN TWO OR THREE MONTHS. THE ATTORNEY
23
Book 35 pAcc
RECOMMENDED THAT A PERIOD OF TIME BE ESTABLISHED WHEREIN THE BOARD
CAN MAKE ITS DETERMINATION BEFORE GRANTING ANY ADDITIONAL FRANCHISES.
CHAIRMAN WODTKE NOTED THAT AT RATE HEARINGS WE ARE ALWAYS
FACED WITH COMPLAINTS ABOUT WATER THAT IS NOT FIT TO DRINK OR WASH
CLOTHES IN AND ASKED IF THE COUNTY LEGALLY COULD SET STANDARDS FOR
WATER QUALITY.
ATTORNEY COLLINS STATED THAT THIS DEFINITELY COULD BE BONE,
AND, SINCE IT IS ANTICIPATED THERE WILL BE ADDITIONAL COOPERATION
BETWEEN THE CITY AND THE COUNTY ON WATER PROBLEMS IN THE FUTURE, HE
FELT ALL SHOULD HAVE THE SAME STANDARDS.
COMMISSIONER Loy CONCURRED THAT WE SHOULD HAVE THE SAME
STANDARDS AS THE CITY OF VERO BEACH. SHE ALSO FELT THAT WE MUST
ESTABLISH BETTER PROCEDURES AND IMPRESS UPON THE PEOPLE THAT WE
HAVE RULES AND REGULATIONS WE EXPECT THEM TO GO BY,
CHAIRMAN WODTKE AGREED THAT, SINCE OUR CONSULTANT IS NOW
LOOKING AT WELLFIELD SITES AND POSSIBLY TREATMENT PLANT SITES,WE
SHOULD NOT APPROVE ADDITIONAL WELLS FOR PRIVATE FRANCHISE HOLDERS
THAT WOULD BE ELIMINATED WHEN THE COUNTY DOES GET INTO ITS WATER
PROGRAM.
ATTORNEY COLLINS STATED HE FELT THE. COUNTY HAS THE RIGHT
TO SET A MORATORIUM ON WATER FRANCHISES UNTIL THEY CAN DETERMINE
HOW THEY ARE GOING TO PROCEED.
COMMISSIONER LOY NOTED THAT, THOUGH SHE FEELS WE
DEFINITELY HAVE AN EMERGENCY SITUATION, SHE WOULD NOT WANT TO
4 CONSIDER AN EMERGENCY MORATORIUM WITH ONLY THREE BOARD MEMBERS
PRESENT, AND, IN ANY EVENT, AN EMERGENCY ORDINANCE REQUIRES
FOUR VOTES. SHE FELT THAT SHE WOULD, HOWEVER, LIKE TO INDICATE
TO THE PEOPLE THAT WE FEEL THIS ACTION IS NECESSARY AND INSTRUCT
THE ADMINISTRATOR TO PUT A TEMPORARY HOLD ON THE SITUATION.
ATTORNEY COLLINS FELT THIS CAN JUST BE ADDRESSED AT THE
NEXT MEETING.
CHAIRMAN WODTKE INSTRUCTED THAT THIS MATTER BE MADE AN
AGENDA ITEM FOR THE NEXT REGULAR MEETING OF JUNE 7TH.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
24
MAY 2
BOOK PACE 24
4
s
e
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR, THE
ATTORNEY, AND THE CONSULTING ENGINEER TO BEGIN WORKING ON PROCEDURES
AND GUIDELINES FOR ALL UTILITY FRANCHISES FOR INDIAN RIVER COUNTY.
ON MOTION BY COMMISSIONER Loy; SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADDED AN EMERGENCY ITEM TO THE AGENDA
AS REQUESTED BY DR. FLOOD.
CHAIRMAN WODTKE STATED THAT THIS IS IN REGARD TO A PATIENT
WHO WAS ADMITTED TO THE SEBASTIAN RIVER MEDICAL CENTER AND WAS
CONFINED PAST THE 12 DAY LIMIT.
DR. FLOOD INFORMED THE BOARD THAT THIS IS A LEGITIMATE
CASE, AND THERE IS JUSTIFICATION FOR KEEPING THIS PATIENT IN
THE HOSPITAL AN ADDITIONAL FIVE DAYS. HE EXPLAINED IN DETAIL.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED PAYMENT TO SEBASTIAN RIVER
MEDICAL CENTER IN THE AMOUNT OF $2,777.63 COVERING 17 DAYS
HOSPITALIZATION FOR CHARLES HOUGHTON, INDIGENT.
25
�oo�c 35 fAcf 25
• FLJN1011 UU>,IYF ii iU1.Ya MI1IN YYI
r.-.._.
' USE. TYPEWRITER TO FILLUE INTH
See Reverse Side for Instructions for Completing and Routin
�'j . APPLICATION AND AUTHORIZATION FOR
Lj HOSPITALIZATION FOR THE INDIGENT
•IF
Authorization No. kal—
Florida State Board of Health and State Department of Public Welfare Tndian Ri ver
County of Residwe
A -PATIENT INFORMATION /- t ,/
� ll e' A- . < Z ZI / / �iI 7I-) � Race _ Sexes_ Age--6(l-
Patients Nam Winter Beach Florida
Address PO Box 116 city Herkimer, NY
Next of kin or guardian Margar9tR�OrOWski sister A,,e-
Use
am
is patient a recipient of state public assistance? Yes XX OAA_ ADC AB AD No .
Does patient have hospital insurance? Yes - No XX Company?
Any hospitalization in Florida in preceding 12 months? Yew No X How many days?
Hospita City
Thla h to certify (1) That I am a recipient of state public assistance and request admission to the Imspital specified below Be, if -014 that 1 am o"ble to pay the now cost of hospitalization
(2) DA 1 do heresy ava that all hospital iesmum voluntary contributions and part paseunts shall Ee rise* to the hospital for se,das presided. (3) That 1 Ircrehif authorise the hospital
and hospital iapaam carrier to make milahle b the Florida State Board of Health airy requested irdormatimt con mft medical, insurance, and financial records rdatiaa to my hupiwiaation.
Signature Si inature on f i 1 e Address Date
Parent. Ceardion. Nest of Sia
SECTION B -STATEMENT OF ATTENDING PHYSICIAN(S)
This is to certify (1) That patient is acutely ill or injured and (2) That I recommend admission for treatment under the hospitaliza-
tion for the categorically or medically indigent program.
To Sebastian River Medical Center, Inc., PO Box 838, Sebastian,_ Florida 32958
pital A-01 Hospital
Admitting diagnosisPulmonar 'r��fiii
Estimated length of hospitalization 17 days si®atareofAtterviftPwsteiae Date
Hospitalization recommended ( Tumor Cases Only) S1,,,ue of Dlmtar of Tensor clialc e
SECTION C -CERTIFICATION OF INDIGENCY
(1) BY STATE DEPARTMENT OF PUBLIC WELFARE
This patient is a recipient of public assistance and eligible for hospitalization.
Remaining days entitlement Case Name (if different from patient)
Case Number District .county Application No.
I' Position Date
Certified by
(2) BY HEALTH DEPARTMENT OR OTHER AUTHORIZED AGENT
This patient, with residency as indicated, has been investigated and is unable to pay the usual cost of hospitalization but he, his rela-
tives or others will pay towards the cost of hospitalization as indicated below.
Non Resident --—Resident Resiflent : In State for Under 1 1 2_ 3_-, 4 5 or more years
Part Pay promised: perf tem ❑ or Total ❑ (check one)
Signature of 10yor-Addresst
11
Certified by-
SECTIOhi-'AUTHORIZATIOW FOR HOS'PI, ALIZATION
Payment or hospitalization is authorized from public funds less other payments or credits. The days . Th died shall in the mini-
mum considered essential by the att.ending physician for the treatment of the acute i.Uness or injury. The maximum initially ap-
proved is -limited as indicated belo but is not to cxc d 12�sr Additional days ay be authorized below. Total authorization
shall not exceed 30 da s. i ��,!
Initial approval,/-Z,—days Auworltmg Aathnr 1/i fJ,j s Date_�"Z i� _�
Additional approval, days -. Tota ovi d s . Jn]f,l"A�
SECTION E -CLAIM FOR SERVICES To A ENT AND
F lir IiOSYt1'AL UPON uD 1011,1 Itcs
OF i'ATIN::CT AM1i) FOI;\CARisFD TO THE Al�Tll(A;I:IM1G -
AUTHORITY OF THE I•ATIENT'S HOME COUNTY,
As an authorized representative of Sebastian Medical Center. In_e. PO Box 8�$, 6actian, Fi 59-136 8
890
llo:puul
city Lw;c a So.
I submit the followin c aim for services authorized: y�fi3.39
Date Admitted 't �.2�8—Date Discharged -4--2.1!. —8 Number of Days --.17 --Rate per Da
Amount due Less Net Amount
Amount
$.2,777,61-- -•Credits: Insurance $_0 Other $- 0 of Claim $___.2,777.63- --
I hereby certify that the above statement is true and correct, that the account is due; that no unlisted payment is due or has been
received; and that there will be no additional charges.
Primary Discharge Dial:nosislietaStatic carcinoma-prostate(operated)-..-Urina.ry_-retenti on, -Status _-posL
colDstowy.'Aanemia.,_ur.inary-trart infection. CysinscopjL(-4-19_ZB) 5-1-75
sir:ned L/-- ul Date --
SECTION F -ENDORSED FOR PAYMENT APPROVED FOR PAYMENT
Total .�Ja��. �t\ f. . PAR
$— ---n'— `.,��'{•�\�,-�'
t�.,t�NIL,IMa•1 .1111 nl: en7ltdatrl ill Uat¢ i
1 R� IHnwu.d �I•rtdl 11
1.1.01111).•1 ti'I'A'fF. LttlAf:U (>I 111:.1L'fll
11sl $
How...
Ill N'ornl - Rev. 811 i62,
MAY 2 4 t978 BOOK 35 PAGE 26
MAY 2 4 1978 .- BOOK 35 PAGE 27
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NAME
I.
_ --"-'-' ""-"--"'—'�-�-- -- --•-
AI.ITHORIZATION TO RELEASE INFORMATION
INDIVIDUAL INSURANCE:
SEBASTIAN RIVER MEDICAL CENTER INC.
'
BOX 838, U. S. HIGHWAY No. 1
AIIT/IORI: ATION TO PAY INSURANCE BENEFITS: (t
POLICY NO. '
SEBASTIAN. FLORIDA 32958
•
r
1
-
PHONE: 30S/589-3186 ..
•4•
CHARLES HUUQiTON
Xv
F.O. BOX 1 1 6
DATE ADMITTED TIME
..
WINTER BEACH, FLA. 32971
DATE SIGNED___
-
•
DATE DISCHARGED TIME
UY.>�.
L
.
'I:
PATIENT,�ADMISSION
NUMBER
STATCMENTOF SERVICES RENDERED
FROMi
CODE01-7
PRIVATEGua
@ $ DAYS:
Ot '
'-
SEMIPRIVATE 40 $ DAYS:
I A01
CORONARY 0$ DAYS:
7 01
356-00
•
POST SURGICAL @$ 1 50, no DAYS:
2 O1
300.00
L C. U. @ $ DAYS:
01
BLOOD PINTS
PINTS
NOT
CHARGE
-F
FURNISHED
REPLACED
REPLACED
PER PINT
1
3
LABORATORY
06
760.50
PATHOLOGY
OT
_
PHARMACY AND DRUGS
10
13.65
•.
DRESSING, CAST AND SUPPLIES
13
408.25
E. K. 0.
16
135.00
JJJ
PHYSICAL THERAPY
ty
,.
PHYSICIAN SERVICES
40
16.00
1
OPLRATING, RECOVERY OR DELIVERY ROOM03
0q
•O
ANESTHESIA
85
45.00
X-RAY
08
•
189-050
INHALATION THERAPY
15
•
EMERGENCY SERVICE
23
ADMISSION PAK
40
•
OTHER CHARGES EEG • 00 psy •
• 40
'
ST PS
.00
40
TOTAL CHARGES TO DATE bu ••
.
.�, •
TOTAL PAYMENTS/ADJUSTMENTS
09
BALANCE3,824.61
;.
GROUP POLICY NUMBER
DOCTOR
(1) FINAL DIAGNOSIS (INC. SURGICAL PROCEDURE)
•
GROUP POLICY HOLDER
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MAY 2 4 1978 .- BOOK 35 PAGE 27
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OTHER GROUP INS. CO.
YES NO
-'
NAME
I.
_ --"-'-' ""-"--"'—'�-�-- -- --•-
AI.ITHORIZATION TO RELEASE INFORMATION
INDIVIDUAL INSURANCE:
EIGNL'O
AIIT/IORI: ATION TO PAY INSURANCE BENEFITS: (t
POLICY NO. '
'•^'w: �`un...Itr r.. rnt wruvt Nwutu wuvrlrwtl. �V---•���—�Y��
INSURANCE CLERK
Xv
..._ _.__
..
_... �....... _.-._...-._ _......_...__ ..-._�._-_�.____.._..
DATE SIGNED___
-
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'I:
MAY 2 4 1978 .- BOOK 35 PAGE 27
I
Sebasttan Rtver Medtcal Center. inc.
P.O. BOX 838, US. NO. 1
SEBASTIAN. FLORIDA 32958
PHONE: (305) 589-3186
May 8, 1978
Janice Lindsey, Director
Indian River. County Welfare
2535 14th Avenue
Vero Beach, Florida 32960
Re: Charles Houghton, Patient
4-12-78 to 4-29-78 Admission
Dear Ms. Lindsey:
Charles Houghton was admitted initially for Pulmonary Edema, but his
hospitalization was complicated by_Urinary Retention for which his
hospitalization was prolonged because of Urological Pro6edures.
Sincerely,
Muhammad ra
MF/gw
800K 35 PAGE 28
I
m
0
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADDED TO TODAY'S AGENDA AN
EMERGENCY ITEM AS REQUESTED BY THE ATTORNEY.
ATTORNEY COLLINS INFORMED THE BOARD THAT EDGAR L. SCHLITT,
AS TRUSTEE, PURCHASED APPROXIMATELY 19 ACRES OF PROPERTY FRONTING
ON THE SEBASTIAN RIVER IN APRIL OF 1973. THE OWNERS NOW WISH TO
DIVIDE THIS PROPERTY INTO THREE PARCELS, ALL OF WHICH WILL BE
GREATER THAN FIVE ACRES IN SIZE. THESE WILL BE RESIDENTIAL LOTS
WITH ONLY ONE HOUSE ON EACH. ATTORNEY COLLINS CONTINUED THAT
THIS PROPERTY IS PRESENTLY ZONED AGRICULTURAL AND DOES NOT ABUT
A DEDICATED HIGHWAY, BUT THEY DO HAVE AN EASEMENT GIVING ACCESS TO
THE PROPERTY. THE ATTORNEY FELT THIS IS A TYPICAL SITUATION OF A
SPECIAL EXCEPTION, AND THEY ARE REQUESTING THAT IT BE GRANTED TO
ALL THREE PARCELS, ATTORNEY COLLINS STATED THAT THEY HAVE A
SURVEY SHOWING THE THREE PARCELS AND LEGAL DECRIPTIONS OF EACH,
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY GRANTED A SPECIAL EXCEPTION TO
EDGAR L. SCHLITT, TRUSTEE, FOR THREE PARCELS OF PROPERTY AS
DESCRIBED ON THE PRELIMINARY SURVEY PREPARED BY LLOYD & ASSOCIATES,
THE LEGAL DESCRIPTION IN SAID SURVEY BEING AS FOLLOWS;
P�1
MAY 2 4 1978
BOOK 35 PAGE 29
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BOOK Put 34
i
COMMISSIONER DEESON REPORTED IN REGARD TO USE OF THE FIRST
BAPTIST CHURCH OF WINTER BEACH AS A POLLING PLACE, THAT THEY SEEM TO FEEL
THERE IS SOME POSSIBILITY OF A PROBLEM WITH PARKING AND IN
CONNECTION WITH A RAMP FOR WHEELCHAIRS. HE STATED THAT WE HAVE BEEN
REQUESTED TO CONTACT THE CHAIRMAN OF THE BOARD OF DEACONS IN THIS
REGARD
ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS, NOTED THAT THERE
ARE ONLY ABOUT 400 VOTERS IN THIS DISTRICT AND SHE DID NOT FEEL THERE
WOULD BE MUCH PROBLEM WITH PARKING, BUT STATED THAT SHE WILL CONTACT
THE -BOARD OF DEACONS AS REQUESTED.
COMMISSIONER LOY DISCUSSED HAVING A SPECIFIC AGREEMENT FOR
THE USE OF THE VARIOUS POLLING PLACES, WHICH WAS BROUGHT UP SOME
TIME AGO.
ATTORNEY COLLINS WILL RESEARCH THIS MATTER.
ATTORNEY COLLINS REPORTED TO THE BOARD THAT OVER THE LAST
YEAR HIS OFFICE AND THE BUILDING DEPARTMENT HAVE BEEN SENDING OUT
NOTICES TO OWNERS OF DILAPIDATED STRUCTURES REQUESTING DEMOLITION
BECAUSE OF HAZARDOUS CONDITIONS. IN SOME CASES, TWO OR THREE LETTERS
.HAVE BEEN SENT TO THE OWNERS, HE NOTED THAT THEY NOW HAVE 16 ACTIVE
CASES WHERE OWNERS HAVE REFUSED TO TAKE ANY ACTION AFTER BEING GIVEN
NOTICE. ATTORNEY COLLINS CONTINUED THAT THE ORDINANCE DOES NOT
REQUIRE A PUBLIC HEARING PRIOR TO DEMOLITION, BUT HE FELT IT WOULD
BE A GOOD IDEA TO SEND ONE MORE NOTICE TO THESE PEOPLE, HOLD A
PUBLIC HEARING, AND GIVE THEM AN OPPORTUNITY TO STATE ANY REASONS
THE STRUCTURES SHOULD NOT BE DEMOLISHED, AND THEN PROCEED WITH DEMO-
LITION, IF JUSTIFIED.
ZONING DIRECTOR TALKER CONCURRED, AND INFORMED THE BOARD
THAT THEY HAVE BEEN NOTIFYING THESE PEOPLE BY CERTIFIED MAIL SO THEY
CANNOT CLAIM THEY NEVER RECEIVED THE NOTICE.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE
A PUBLIC HEARING RE DEMOLITION OF THE 16 DILAPIDATED STRUCTURES FOR
THE SECOND MEETING IN .TUNE.
35
BOOK 35 PAGE 35
ASSISTANT ADMINISTRATOR HEIL NELSON DISCUSSED THE SHERIFF'S
REQUEST FOR APPROVAL OF REPAIRING THE JAIL ROOFS AND REPAIRING AND
PAINTING THE EXTERIOR JAIL WALLS. HE NOTED THAT THEY DO HAVE $10,000
IN THE .JAIL MAINTENANCE ACCOUNT TO PAY FOR THIS AND INFORMED THE
BOARD THAT IT IS GETTING TO A CRITICAL POINT WHERE,IF ANY MORE LEAKS
DEVELOP IN THE ROOF, THERE COULD BE INTERIOR DAMAGE. MR. NELSON CON-
TINUED THAT THE SHERIFF'S OFFICE HAS BROUGHT IN SOME PROPOSALS, BUT
HE WOULD RECOMMEND THAT THIS BE PUT OUT FOR BID.
.CHAIRMAN WODTKE AGREED THAT THESE PROPOSALS ARE ALL TO
DIFFERENT SPECIFICATIONS AND ARE NOT COMPETITIVE BIDS.
DISCUSSION FOLLOWED ON THE MONEY BUDGETED AND THE WORK AL-
READY DONE AT THE JAIL THIS YEAR.
COMMISSIONER LOY NOTED THAT THE .JAIL BUILDING IS THE COUNTY'S
RESPONSIBILITY AND FELT THE BEST THING TO DO IS WRITE THE SPECIFI-
CATIONS TO DO THE JOB THAT HAS TO BE DONE.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO ADVER-
TISE FOR BIDS FOR REPAIRS TO THE JAIL ROOFS AND REPAIR AND PAINTING
OF THE EXTERIOR JAIL WALLS.
ADMINISTRATOR JENNINGS DISCUSSED WITH THE BOARD A LEASE
AGREEMENT WITH THE DOT FOR A PARCEL OF LAND LOCATED OUT NEAR KEENANS-
VILLE ON STATE ROAD 507 WHICH COULD BE USED BY THE ROAD AND BRIDGE
DEPARTMENT FOR A STORAGE AND MAINTENANCE YARD. HE FELT THAT IF WE
CAN TIE UP THIS PROPERTY FOR A DOLLAR A YEAR, IT WOULD BE WISE TO
DO SO.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED THE LEASE AGREEMENT WITH THE
DEPARTMENT OF TRANSPORTATION FOR APPROXIMATELY 15.45 ACRES AS
DESCRIBED IN EXHIBIT "A" OF THE LEASE AGREEMENT, AND AUTHORIZED THE
SIGNATURE OF THE CHAIRMAN.
36
AI 24 1978 BooK 35 PACE 36
0
K
e ' • .e
COUNTY: Indian River
SECTION: 88040-Proj . 1071
STATE ROA": 507
PARCEL No: part SRD No. 1
LEAST: AGREEMENT
r
THIS AGREEMENT, made this day of
19 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called
the Lessor and INDIAN RIVER COUNTY, FT.nj3TnA hereinafter called the
Lessee.
W I T N E S S E T H
WHEREAS, the Lessee is prepared to assume from the Lessor•full responsibility
for operation and maintenance of the hereinafter described Lessor property for storage,main-
tenance & other road & bridge purposes, to the advantage of both parties and* the
public.
NOW, THEREFORE, in consideration of the premises the parties agree as follows.:
1. The Lessor does hereby lease to the Lessee the property described in
Exhibit "A", attached hereto and made a part hereof, until such time as this Agreement is
terminated in accordance with the provisions herein.
storage, maintenance &
2. The Lessee shall use the property exclusively for ' other road and bridge
purposes and if at any time such use should cease, this Agreement shall terminate upon formal
notice in writing from the Lessor to the Lessee of such termination. The obligations of the
Lessee under this Agreement shall continue in effect until the date specified in said
termination notice.
3. The Lessee Shall obtain Lessor's approval prior to constructing or placing any
improvement -on the leased land. Upon termination of this lease for any reason all improvements
placed upon the premises by the Lessee shall be removed and the property restored as nearly as
practical to its present condition at no cost to the Lessor.
4. The Lessee shall indemnify, defend, save and hold harmless the Lessor from any
damages, claims, demands, suits and liabilities of any nature arising out of, because of, or
due to any accident, happening or occurrence on the leased property.
S. The Lessee shall not assign this lease or sublet any portion of the leased
property and in no event shall permit any commercial use. The term "commercial use" as here
employed specifically includes advertising signs.
6. If the Lessor at any time shall have need for any part of the leased property for
transportation purposes, Lessor may terminate this Lease as to such part on 60 days notice to
the Lessee. Upon notice -of termination, Lessee shall immediately remove at the Lessee's expense
any improvements placed by the Lessee within the area needed for transportation purpose; and
shall restore.the land to its original condition.
IN WITNESS WHF.RLOI;, the parties hereto have caused these presents to be executed,
the day and year first above written.
STATE OF FLORIDA DEPARTMENT 01: TRANSPORTATION • IND/I�AN RIVER COUNTY, FLO A
BY:_ BY:i/�I�[t!��.i
Director e Awijinistiat:on Chairman,
T1TLI: of Co n t• �Go niss inners
ATTEST: _(SFiAI.i ���
'--Cxccuttive .�<ricli;)' AT"I'liS1':\ '�r_.�� � _ (SEAL)
J _ .iii
js
F'
1978
BOOK 35 PAGE 37
.f
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liXl l ]P, I T "A".
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i
Section $8040-1071 - Part S.R.D. #1 - IND1M RIVER COUNTY
North one.half of the torthwest one quarter of the Northeast
one quarter (North h of the Northwest 4 of the Norkheast 4)
of Section Three (3), Township Thirty one (31) South, Y
Range Thirty.five (35) East except the North 150' thereof as
t:
described, in S.R.D. 13.
MAY 2 4 1978
c
BOOK 35 PAGE 38
Q
T "
T
' O
i
MAY 2 4 1978
c
BOOK 35 PAGE 38
CHAIRMAN WODTKE ANNOUNCED THAT ITEM 11, CONCERNING AN AGREE-
MENT BETWEEN THE COUNTY AND ROBERT ALBRIGHT IN REGARD TO RENTAL OF
BEACH EQUIPMENT AT WABASSO BEACH, HAS BEEN WITHDRAWN FROM TODAY'S
AGENDA.
ADMINISTRATOR KENNINGS THEN DISCUSSED WITH THE BOARD THE
FOLLOWING LETTER RECEIVED FROM LLOYD AND ASSOCIATES;
LLOYD AND ASSOCIATES
ENQINEERS AND SURVEYORS ROBERT F. LLOYD
REPORTS
RE818TERED CIVIL ENGINEER 3S38
DESIGNS REGISTERED LAND SURVEYOR 944
SUPERVISION t3DSi 062.4112
APPRAISALS 1035 2 0TH STREET
t CONSULTATIONS
VERA BEACH, FLORIDA
32960
May 15, 1978:
Jack Jennings, County Administrator
Indian River County Courthouse
Room 115
Vero Beach, Florida 32960
RE: Mortimer Parkway Subdivision
Dear Mr. Jennings:
Confirming our conversation this date, the Owner of the property known
as Mortimer Parkway Subdivision, which is duly subdivided and recorded
in Plat Book 1, Page 39, on December 14, 1925, intends to build homes
in this area.
I have spoken to Mr. Orin Cummings and he is willing to dedicate the
necessary rear lot easements for drainage, to wit:
The rear 151 of Lots 1 thru 10, Block 1; Lots 1 thru 10. Block 3; Lots
1 thru 10, Block 4; and an easement on the West 15' of Lot 12, Block 3,
and an easement on the East 151 of Lot 11, Block 4, for drainage and
.utility purposes.
It is also Mr. Cumming's intention to pave the north/south street shown
as 55th Avenue on the plat, to county specifications and provide the neces-
sary swale drainage along this street. He is most anxious to proceed
with the construction of homes. Mr. Cummings is also agreeable to
posting the funds necessary for the construction of 55th Avenue with the
county, providing these funds can be used to compensate the contractor
when the work is completed and acceptable to the county.
Your prompt attention to this matter would be greatly appreciated.
Yours very truly,
LLOYD AND ASSOCIAT, 'S ,
By:
Robert F. Lloyd, P. E.
s�
MAY 2 4 1978 aooK 35 PAa 3j'
THE ADMINISTRATOR STATED THAT WHEN THIS PROPERTY WAS PUT
ON RECORD IN 1925, IT WAS IN THE CITY, BUT THEN THE CITY PULLED IN
THEIR LIMITS, AND THE PROPERTY BECAME LOCATED IN THE COUNTY. ADMIN—
ISTRATOR JENNINGS CONTINUED THAT MR.,,LLOYD'S CLIENT, ORIN CUMMINGS,
WISHES TO DEVELOP THIS PROPERTY AND BUILD ROADS TO COUNTY SPECIFICA—
TIONS. HE NOTED THAT HE SUGGESTED TO MR. LLOYD THAT THEY REPLAT THE
PROPERTY, BUT APPARENTLY THEY DO NOT WISH TO. THE ADMINISTRATOR
CONTINUED THAT HE TOLD MR. LLOYD THE COUNTY WOULD WANT EASEMENTS FOR
DRAINAGE, AND MR. LLOYD AGREED THAT THEY WILL GIVE 15' EASEMENTS
AND BUILD ROADS TO COUNTY SPECIFICATIONS.
DISCUSSION FOLLOWED AS TO WHETHER ANYONE COULD GET PERMISSION
FROM THE HEALTH DEPARTMENT TO BUILD ON THESE LOTS, WHICH ARE ABOUT 70'
LOTS.
ADMINISTRATOR .JENNINGS STATED THAT PEOPLE WITH LOTS IN EXISTING
SUBDIVISIONS CAN GET SEPTIC TANK PERMITS, AND THIS IS AN EXISTING SUB—
DIVISION. THE ADMINISTRATOR CONTINUED THAT THIS SUBDIVISION WAS LEFT
UNDEVELOPED ALL THESE YEARS, BUT NOW WILL BE DEVELOPED IN ACCORDANCE
WITH COUNTY SUBDIVISION REGULATIONS. HE STATED THAT MR, LLOYD APPAR—
ENTLY WANTS TO KNOW IF THE COUNTY WILL ACCEPT 15' EASEMENTS FOR
DRAINAGE AND UTILITIES AND ACCEPT THE ROADS FOR MAINTENANCE WITHOUT
REQUIRING REPLATTING.
ATTORNEY COLLINS DID NOT KNOW OF ANY REASON THIS COULDN'T BE
DONE, BUT FELT THE COUNTY HAS AN INDEPENDENT DECISION TO MAKE AS TO
WHETHER THEY WILL ACCEPT THE ROADS.
ADMINISTRATOR JENNINGS WAS OF THE OPINION THAT THE ROADS
SHOULD BE RE—DEDICATED TO THE COUNTYa
CHAIRMAN WODTKE FELT THEY REALLY SHOULD REPLAT, ESPECIALLY
AS THE DEVELOPER OWNS ALL THE PROPERTY, AND ADMINISTRATOR .JENNINGS
STATED THAT HE ALSO WOULD PREFER IT, BUT POINTED OUT THAT IF IT WERE
REPLATTED, THEY WOULD HAVE TO HAVE 1/2 ACRE LOTS IN ORDER TO GET
SEPTIC TANK PERMITS.
40
MAY 2 -41978 BOOK 35 PAcF 40
C
M
COMMISSIONER Loy STATED THAT IF MR. LLOYD'S CLIENT WANTS TO
POST A BOND ACCORDING TO THE NORMAL PROCEDURE, SHE FELT THAT IS ABOUT
ALL WE CAN DO.
IN FURTHER DISCUSSION, IT WAS NOTED THAT EASEMENTS WILL HAVE
TO GO BACK ON BOTH SIDES OF THE PROPERTY AND THE DEVELOPER WILL HAVE TO
BUILD THE ROAD OR PUT UP SUFFICIENT MONEY IN ESCROW BEFORE ANY PERMITS
CAN BE ISSUED.
ATTORNEY COLLINS FELT LLOYD AND ASSOCIATES SHOULD HAVE A
PERFORMANCE BOND AGREEMENT PREPARED, AND THEN WHEN THE ROADS ARE IN,
THERE COULD BE A MOTION ACCEPTING THEM.
CHAIRMAN WODTKE INSTRUCTED THE ADMINISTRATOR TO INFORM
MR. LLOYD OF THE BOARD'S FEELINGS.
ADMINISTRATOR JENNINGS STATED THAT HE WOULD LIKE THE BOARD'S
PERMISSION TO BUY A NEW TANDEM DUMP TRUCK TO REPLACE THE ONE THAT
WAS WRECKED, HE NOTED THAT IT TOOK ELEVEN MONTHS FOR A FINAL CLOSING
ON THIS WITH THE INSURANCE COMPANY. THE ADMINISTRATOR INFORMED THE
BOARD THAT THE WRECKED TRUCK HAS BEEN REPAIRED, BUT STATED THAT HE HAS
NEVER SEEN A TRUCK WHICH WAS AS BADLY WRECKED AS THIS ONE RESTORED TO
A CONDITION WHERE IT WOULD GIVE SATISFACTORY SERVICE FOR THE HEAVY
WORK IT WOULD BE SUBJECTED TO BY THE ROAD AND BRIDGE DEPARTMENT. HE
STATED THAT HE WOULD LIKE TO ADVERTISE FOR BIDS ON A NEW TRUCK, USING
THIS ONE AS A TRADE-IN, AND BELIEVED THAT IN THE LONG RUN THE COUNTY
WOULD BE MONEY AHEAD BY DOING S0,
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO ADVER-
TISE FOR BIDS ON A NEW TANDEM DUMP TRUCK TO REPLACE THE ONE THAT WAS
WRECKED.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ADDED TO TODAY'S AGENDA AN EMERGENCY ITEM
AS REQUESTED BY COMMISSIONER Loy.
COMMISSIONER Loy INFORMED THE BOARD THAT IN RESEARCHING
OUR FINANCIAL RECORDS, IT HAS COME TO LIGHT THAT THE ANTI -RECESSION
41
BOOK 35 PAGE 41
I
FUNDS, WHICH ARE TO BE USED FOR EMPLOYMENT OF COUNTY WORKERS IN
ON-GOING PROJECTS, ARE BUDGETED IN A RESERVE ACCOUNT AND NEED TO
BE TRANSFERRED IN ORDER TO PAY THESE SALARIES,
ON LOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT
TO TRANSFER $11,448,00 OUT OF THE RESERVE.A000UNT TO BE PUT IN SALARY
AND WAGES IN ORDER TO PAY PEOPLE EMPLOYED UNDER THE ANTI -RECESSION
PROGRAM,
ACCOUNT TITLE ACCOUNT No. INCREASE DECREASE
SALARIES & MAGES 64-5349-102.00 $9,950.00
FLA. RETIREMENT 64-5349-105.01 896.00
FICA 64-5349-105,02 602,00
RESERVE FOR CONTINGENCIES 64-9990-701,00 $11,448,00
CHAIRMAN WODTKE REMINDED THE BOARD THAT HE NEEDS SUGGESTIONS
FOR APPOINTMENTS TO THE BUILDING BOARD OF APPEALS.
CHAIRMAN WODTKE REPORTED THAT THE GIFFORD WATER AND SEWER
ADVISORY COMMITTEE HAS BEEN CANVASSING TO DETERMINE HOW MANY WISH
TO HOOK UP TO THE SYSTEM, AND THERE IS A PROBLEM IN GETTING THE
PEOPLE TO SAY THEY DO WANT TO HOOK UP UNLESS THEY CAN HAVE A DETERMI-
NATION OF SOME SORT AS TO WHAT THE COUNTY'S POSITION IS GOING TO BE
ON THE $200.00 TAP -IN FEE, I.E., WHAT PERIOD OF TIME WILL BE ALLOWED
AND WHAT THE PAYMENTS WILL BE. THE CHAIRMAN FELT WE HAVE PRETTY
WELL INDICATED THAT WE WOULD BE RECEPTIVE TO SOME KIND OF A TIME
PAYMENT PLAN, BUT DID NOT KNOW IF WE COULD COME UP WITH ANY BETTER
GUIDELINES FOR THIS COMMITTEE TO WORK WITH UNTIL THE PUBLIC HEARING
ON THE RATE ORDINANCE, WHICH IS SET FOR THE SECOND MEETING, IN .JUNE.
ATTORNEY COLLINS POINTED OUT THAT THIS RATE ORDINANCE WILL
APPLY TO THE WHOLE COUNTY, WHICH HE FELT COULD BE A PROBLEM. HE
CONTINUED THAT AFTER THE ORDINANCE IS ADOPTED, IT COULD BE RESTRUCTURED
IN SOME FORM, BUT THERE WILL BE A PERIOD OF TIME WHEN THE ORDINANCE
WOULD HAVE COUNTYWIDE AFFECT.
42
Boa 35 -PAGF 4Z
I
a
ADMINISTRATOR JENNINGS REPORTED THAT LLOYD AND ASSOCIATES
HAVE STATED THAT THEY WILL SUPPLY THE COUNTY WITH INFORMATION ON THE
GIFFORD WATER SYSTEM TIE—IN TO THE CITY FLOW SYSTEM THIS WEEK.
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
PlOS. 58119 - 58212 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 12:40 O'CLOCK P.M.
ATTEST:
JiLp
CLERK CHAIRMAN
MAY 2 41978
43
eoox 35, PAcF ,