Loading...
HomeMy WebLinkAbout6/7/1978WEDNESDAY, .JUNE 7, 1978 THE BOARD OF COUNTY•COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,'MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, .ON WEDNESDAY, .JUNE 7, 1978, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, JR.; CHAIRMAN; ALMA LEE LOY, VICE CHAIRMAN; WILLARD W. SIEBERT, JR.; EDWIN S. SCHMUCKER; AND R. DON DEESON, ALSO PRESENT WERE .JACK G. JENNINGS, COUNTY ADMINISTRATOR; L.S."TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JEFFREY K. BARTON, FINANCE OFFICER; BAILIFF DAN FLEISHMAN; AND VIRGINIA HARGREAVES, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER LOY LED THE PLEDGE OF -ALLEGIANCE TO THE FLAG AND ATTORNEY COLLINS GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF MAY 24, 1978. COMMISSIONER LOY REQUESTED THAT ON PAGE 231 THE SECOND PARAGRAPH, BE REWORDED AS FOLLOWS: "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." THIS CORRECTION HAVING BEEN MADE, ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF MAY 24, 1978, AS WRITTEN. THE BOARD DISCUSSED BUDGET AMENDMENTS RECOMMENDED BY THE FINANCE OFFICER AND COMMISSIONER LOY NOTED THAT WE HAVE NOW COMPLETED EIGHT MONTHS UNDER THIS YEAR'S BUDGET AND FROM THIS POINT ON WILL PROBABLY SEE A NUMBER OF RECOMMENDED TRANSFERS AND CHANGES IN ORDER TO KEEP OPERATING ON A SOUND BASIS. CHAIRMAN WODTKE QUESTIONED THE TRANSFER OF FUNDS TO THE GENERAL FUND FOR THE LANDFILL CHARGES AND THE ADDITIONAL TRANSFER TO ROAD & ERiDGE FOR LANDFILL CHARGES. FINANCE OFFICER BARTON EXPLAINED THAT THE ROAD & BRIDGE DEPARTMENT IS BILLED SEPARATELY FROM THE BOARD. �N MOTION BY.tCOMMISSIONER LOY, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A PERMIT TO CARRY A CONCEALED. FIREARM OF THE FOLLOWING: (�OLAND D. MILLER NNELISO V I S AR I- .I- JJEROW, D.D.S. NTIONY 6TELIVADOTI REDERICK KENDALL, .JR. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT FOR PRINTING AND SUPPLIES INCLUDING PRINTING OF ORDINANCE BOOKS: ACCOUNT TITIE ACCOUNT NO, 1KREASE DECREASE MISC. SUPPLIES & EXPENSES 01-2101-204.00 $1,200.00 RES. FOR CONTINGENCIES 01-9990-701.00 $1,200.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT TO PROVIDE SUFFICIENT FUNDS FOR ADVERTISING EXPENSES: ,ACCOUNT TITLE A,CCnUNT No, IRCRS� DECREASE ADVERTISING 01-2101-333.00 $1,200.00 RES. FOR CONTINGENCIES 01-9990-701.00 $1,200.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT FOR USE CHARGES AT THE SANITARY LANDFILL: ACCOUNT TITLE ACCOUNT Pdd. INCREASE DECREASE OTV(LAR SERVICES & CHARGES NDFILL CHARGES) 01-4210-341.02 $42,000.00 RES, FOR CONTINGENCIES 01-9990-701.00 $42,000,00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT FOR GAS. AND OIL FOR VEHICLES AT HOBART PARK: ACCOUNT TITLE ACCOUNT NO, INCREASE DECREASE MA ERIAL & SUPPLIES AS & UIL 01-6102-201.00 $200.00 RES. FOR CONTINGENCIES 01-9990-701.00 $200,00 2 JUN 71978 nfJK cj5 pnF A • ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROM THE FOLLOWING BUDGET AMENDMENT FOR ROAD & BRIDGE COMMUNICATIONS: ACCOUNT .TITLE ACCOUlff NO. INCREASE DECREASE TELEPHONE SERVICES 02-4102-335.00 $675.00 RES. FOR CONTINGENCIES 02-990-701.00 $675.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT FOR ROAD & BRIDGE SANITARY LANDFILL CHARGES: ACCOUNT TITLE INCREASE DECREASE 0TIj€R� SERVIC S & CHARGES � NDFILL LHARGES) 02-4102-341.03 $10,000.00 RES. FOR CONTINGENCIES 02-9990-701.00 $10,000.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT TO TRANSFER ADDITIONAL FUNDS TO PAY SALARIES UNDER THE ANTI -RECESSION FUNDS PROGRAM: ACCOUNT TITLE ACCOUNT NO, INCREASE DECREASE ALAR ES & WAGES 4' 34 -1 .00 $123,0 00 KETIREMENT 4- 349-105.0 1 L�PLOYEEA - i 4g-1 INSURANCE - 49-16. 6,500. RE FOR CONTIN ENCIES ASH FQQRWARD) $140.0942.80 RES. FOR ONTINGENCIES �Q710 7,08.0 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR .JUDITH WAKEFIELD, COUNTY EXTENSION DIRECTOR, AND PETE SPYKE, AGRICULTURAL SPECIALIST, AS FOLLOWS: .JUDITH WAKEFIELD: JUNE 16 DAYTONA BEACH EDUCATIONAL FIELD TRIP FOR � HO-UNCILEG ABOARDOGULFTRICT QCEANOGRAPHIc FOUNDATION NC. BOAT, UNE 22 ORLANDO AREA 4-H HORSE PLANNING EVENING) EET�NG TO FINALIZE PLANS FOR TATE 4-H t1ORSE SHOW. .JUNE 27 LAKE PLLAACID To OVER PLAN KITH 4-H (4-H CAMP MC'.'UARRIE) CAMP STAFF FOR -ti CAMP. I- 3 Eli _ 197 PETE SPYKE: JUNE 7 ORLANDO CORN SILAGE MEETING AND TOUR. JUNE 15 MELBOURNE QUARTERLY LIVESTOCK AGENTS' MEETING AT A. VUDA AND SONS RANCH JUNE 26-30 GAINESVILLE HOMEOWNER gORT CULTU$E IN -S RVICF TRAINING. (UN TATE (RAVEL rUNDS1 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 $157.32. THE FOLLOWING REPORT WAS RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: COUNTY WELFARE DEPARTMENT, REPORT FOR APRIL, 1978 CHAIRMAN WODTKE ANNOUNCED THAT SUPERVISOR OF ELECTIONS, ROSEMARY RICHEY, WISHES TO ATTEND AN ELECTION CAMPAIGN SEMINAR RE CANDIDATES, QUALIFYING, FINANCING, ETC., ON EITHER JUNE 13, 1978, AT ORLANDO OR JUNE 14, 1978, AT WEST PALM BEACH. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS,TO ATTEND THE ABOVE DESCRIBED SEMINAR AT WHICHEVER LOCATION IS MOST CONVENIENT TO HER, DEAN LUETHJE APPEARED BEFORE THE BOARD REPRESENTING HIS CLIENTS, WILMOTH AND BERGAMINO, IN REQUESTING TENTATIVE APPROVAL OF WESTLAKE ESTATES SUBDIVISION. MR. LUEHTJE PRESENTED A PLAT WITH TOPOGRAPHICAL INFORMATION ADDED, AS PREVIOUSLY REQUESTED BY THE BOARD, AND STATED THAT ADMINISTRATOR JENNINGS HAS GONE OVER THIS. MR. LUETHJE INFORMED THE BOARD THAT, IN LIGHT OF THIS ADDITIONAL INFORMATION, THEY HAVE ESTIMATED THE FILL AMOUNTS NEEDED AND DO FEEL THE PROJECT IS FEASIBLE. HE CONTINUED THAT THE PLAT IS NOT CHANGED IN ANY CONFIGURATION FROM WHEN IT WAS PREVIOUSLY PRESENTED. COMMISSIONER LOY ASKED WHO WILL OWN THE PROPERTY TO BE USED AS BICYCLE PATHS, MR. LUETHJE STATED THAT THIS WILL BE OWNED BY AN ASSOCIATION TO BE FORMED, AND NOTED THAT THIS PROJECT IS TO BE A PRIVATE ROAD SUBDIVISION. COMMISSIONER SCHMUCKER STATED THAT HE NO LONGER HAS ANY OBJECTIONS TO GIVING TENTATIVE APPROVAL SINCE MR. LUETHJE NOW FEELS THE PROJECT IS FEASIBLE. 4 J JUN 71978 35 my 47 ATTORNEY COLLINS ASKED IF MR. LUETHJE'S CLIENTS WOULD HAVE ANY OBJECTION TO HAVING THE BICYCLE PATH CREATED BY EASEMENTS BECAUSE HE FELT THE BOARD IS CONCERNED THAT, OTHERWISE, THEY MIGHT END UP WITH A STRIP OF LAND ON WHICH NO ONE WOULD PAY TAXES, MR. LUETHJE DID NOT FEEL THIS WOULD BE A PROBLEM, AND MR. WILMOTH AGREED, MR, LUETHJE ASKED IF THEY COULD DEED THE PARCEL IN BETWEEN LOTS S AND 9 TO THE ASSOCIATION, AND ATTORNEY COLLINS DID NOT SEE ANY PROBLEM WITH THAT. ADMINISTRATOR .JENNINGS STATED THAT AFTER STUDYING THE TOPOGRAPHICAL INFORMATION, HE IS SATISFIED THAT THE PROJECT IS FEASIBLE, BUT NOTED THAT IF THE BOARD EVER INTENDED TO EXTEND 16TH STREET TO THE WEST, MORE RIGHT-OF-WAY WOULD BE NEEDED. HE NOTED THAT THE 30' RIGHT-OF-WAY IS NOT BEING MAINTAINED BY THE COUNTY AT THIS TIME, MR. LUETHJE POINTED OUT THAT THE PLAT SHOWS A 10' PLANTING STRIP, WHICH WAS REQUESTED BY THE PLANNING DEPARTMENT IN ORDER TO BE SURE THEY DID NOT HAVE ANY DOUBLE FRONTAGE. HE NOTED THAT THEY DON'T NEED 16TH STREET FOR ACCESS TO THE PROJECT AND FELT IF THEY CUT OUT AN ADDITIONAL 10' FOR RIGHT-OF-WAY, IT COULD AFFECT THEIR ONE ACRE LOT REQUIREMENT. HE CONTINUED THAT AN EASEMENT DOES NOT AFFECT LOT SIZE, BUT A RIGHT-OF-WAY DOES. ADMINISTRATOR JENNINGS AGREED THAT SINCE THEY NOW HAVE A 10' PLANTING STRIP AND A 10' EASEMENT, THERE ACTUALLY IS 50' AVAILABLE WHICH HE FELT WOULD TAKE CARE OF THE FUTURE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF WESTLAKE ESTATES SUBDIVISION SUBJECT TO THE BICYCLE PATH BEING CREATED AS AN EASEMENT, ADMINISTRATOR JENNINGS DISCUSSED AN AGREEMENT WITH THE DOT IN REGARD TO TURNING THE MAINTENANCE RESPONSIBILITY Of THE SECONDARY ROAD SYSTEM OVER TO THE COUNTY. HE NOTED THAT ATTORNEY COLLINS HAS SAID HE WOULD LIKE TO HAVE SOME INFORMATION ON HOW OTHER COUNTIES ARE GOING TO TREAT THIS AGREEMENT, AND -THEY, THEREFORE, WOULD LIKE TO -HOLD ANY ACTION ON THIS AGREEMENT IN ABEYANCE UNTIL MORE INFORMATION CAN BE OBTAINED. 5 NfA 35 FA, -f �11 ATTORNEY COLLINS STATED THAT HE FELT IT WOULD BE WISE FROM •THE COUNTY'S POINT OF VIEW TO HAVE SOME TRACK RECORDS ON HOW THE PROBLEM IS BEING HANDLED AROUND THE STATE. CHAIRMAN WODTKE INSTRUCTED THAT CONSIDERATION OF THIS AGREEMENT -WITH THE DOT BE PUT ON THE AGENDA FOR THE FIRST MEETING IN .JULY. ATTORNEY COLLINS REPORTED ON MEETINGS IN REGARD TO THE ISSUING OF COUNTY SEWER AND WATER FRANCHISES. HE NOTED -THAT ONE ASPECT'REVOLVED AROUND THE UPGRADING OF THE RULES AND REGULATIONS AND THE OTHER DEALT WITH THE QUESTION OF THE COUNTY GOING INTO THE•WATER BUSINESS AND HOW WE SHOULD TREAT THE EXISTING FRANCHISES, PARTICULARLY WITH REGARD TO THE EXPANSION OF ANY. HE ASKED FOR THE BOARD'S FEELING ON THE IDEA OF SETTING A MORATORIUM FOR A REASONABLE PERIOD OF TIME UNTIL THE COUNTY CAN COME UP WITH A UNIFORM POLICY. COMMISSIONER LOY AGREED THAT THE BOARD SHOULD PROCEED ON THE ASSUMPTION THAT WE PROBABLY WILL HAVE TO INVOKE A MORATORIUM UNTIL WE CAN GET ON MORE FIRM GROUND WITH UPGRADED RULES AND REGULATIONS, BUT SHE PREFERRED THAT IT BE.DONE THROUGH NORMAL CHANNELS RATHER THAN BY AN EMERGENCY ORDINANCE. CHAIRMAN WODTKE NOTED THAT THE .JUDGE'S ORDER IN THE MID FLORIDA SUIT IN REGARD TO SETTING UP STANDARDS OF PROCEDURE, ETC., WOULD REQUIRE THAT WE LOOK VERY CAREFULLY AT ANY FRANCHISE EXPANSION. HE STATED, HOWEVER, THAT HE WOULD WANT TO SET A MORATORIUM ON AN EMERGENCY BASIS ONLY IF IT WERE ABSOLUTELY A DIRE NECESSITY. COMMISSIONER SIEBERT QUESTIONED WHETHER THIS MIGHT NOT BE A DIRE NECESSITY AND IF THERE WAS ANYTHING OF THIS KIND IN THE OFFERING. COMMISSIONER LOY DID NOT BELIEVE THERE WAS AND FELT WE SHOULD JUST LET THE GENERAL PUBLIC KNOW THAT WE ARE CONSIDERING THE POSSIBILITY OF A MORATORIUM. IOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY TO AUTHORIZE THE ATTORNEY TO PREPARE AND ADVERTISE A PUBLIC HEARING FOR AN ORDINANCE IMPOSING A MORATORIUM ON THE ISSUING OF NEW WATER AND SEWER FRANCHISES AND EXTENSION OF AREA.OF 6 35 fAv, 115 EXISTING WATER AND SEWER FRANCHISES. COMMISSIONER SCHMUCKER AGREED THAT THE ATTORNEY SHOULD PREPARE SUCH AN ORDINANCE, BUT DID NOT FEEL IT SHOULD BE ADVERTISED UNTIL THE BOARD CAN REVIEW IT. COMMISSIONER SIEBERT POINTED OUT THAT THIS WOULD ADD ANOTHER TWO WEEKS, AND ATTORNEY COLLINS NOTED THAT HE COULD HAVE THE ORDINANCE READY FOR REVIEW BY THE NEXT MEETING, WHICH WOULD BE WELL AHEAD OF'THE PUBLIC HEARING. COMMISSIONER SCHMUCKER STATED THAT HE WOULD STILL PREFER TO SEE IT BEFORE IT IS ADVERTISED. DISCUSSION AROSE ABOUT TRANSFER OF A FRANCHISE, AND' ATTORNEY COLLINS FELT THAT TRANSFER OF AN EXISTING FRANCHISE SHOULD BE CONSIDERED BY THE BOARD, AND ALSO NOTED THAT THE BOARD WOULD NOT HAVE ANY AUTHORITY TO STOP ANY EXPANSION WITHIN A GIVEN FRANCHISE AREA. COMMISSIONER SCHMUCKER ASKED IF WE ARE GOING TO STOP EVERYTHING UNTIL WE MAKE PLANS FOR THE ENTIRE COUNTY, AND COMMISSIONER SIEBERT NOTED THAT ALL THIS WILL STOP IS CREATING NEW FRANCHISE AREAS AND ENLARGEMENT OF EXISTING FRANCHISE AREAS. COMMISSIONER LOY NOTED THAT WE HAVE NEVER PUT MORATORIUMS ON ANYTHING EXCEPT FOR A SHORT PERIOD OF TIME. COMMISSIONER SCHMUCKER STATED THAT HE STILL WOULD LIKE TO ASK THAT THE BOARD NOT PROCEED WITH ADVERTISING SUCH AN ORDINANCE UNTIL WE WORK OUT MORE DETAILS. HE NOTED THAT WE HAVE BEEN TALKING ABOUT A COUNTY WATER SYSTEM FOR TEN YEARS AND QUESTIONED WHETHER WE HAVE TO TAKE THIS ACTION TODAY. CHAIRMAN VIODTKE POINTED OUT THAT IT WOULD BE FOUR WEEKS BEFORE A HEARING COULD BE HELD, AND IN THE MEANTIME THIS ORDINANCE CAN BE DRAFTED AND WE CAN REVIEW IT AND COMMENT ON IT, THE CHAIRMAN CALLED FOR THE QUESTION. COMMISSIONER SCHMUCKER VOTED IN OPPOSITION. THE MOTION CARRIED. 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: 7 _ �c,% 35 PAGE 5,3" VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River 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 COUNTY OF INDIAN RIVER: 9:30 a.m. Wednesday, June 7, 1978, for the following: STATE OF FLORIDA Exclusive salvage rights Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath of materia latthe 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 County Landfill Instruction to bidders, specifications and a bidding blank are available at the Office ,7f the l County Administrator, Room 115, County Court House, or will be mailed upon reques I. a �vl The of County Commissioners right �/�,,r-, � J reserves the to reject any or of bids and make awards :n any manner which � in the matter of ,! T �( 41,;bw the Board considers to be in the best interest cf Indian River County, Florida. vl Bids for the above item shall be submitted in / I an envelope securely sealed and marked on the (/]c C< fit X 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, RFloridoom a, C32960CeProposals lisped in said newspaper in the issues of Q A4 Vero . received after 9:30 a.m. June 7, 1978, ,will be returned unopened. Indian River County, Florida Board of County Commissioners By: William C. WodtkeJr., Chairman May 24, 28,197& Affiant further says that the said Vera 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 VAro Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. r� Swam to and subscribed before me this- d of I A.D. ` n Manager) (SEAi.) (Clerk of the Circuit Court, Indian iv r County, Florida) THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BID WAS RECEIVED, OPENED AND READ: SIv' R BELL JUNK tt FORT PIERCE {WILLIE .JONESI $7.00 PER DAY, 6 DAYS PER WEEK ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT FIVE DEALERS WERE NOTIFIED, PLUS THE NOTICE IN THE PAPER. HE STATED THAT THE PRESENT SALVAGE OPERATOR IS PAYING $3009*00 PER MONTH, AND HE DID NOT WISH TO REBID. ASSISTANT ADMINISTRATOR NELSON FELT ANY BID OVER $100 PER MONTH WOULD BE ADEQUATE. THE CHAIRMAN ASKED IF THE BID IS FORA SPECIFIC PERIOD OF TIME, AND ASSISTANT ADMINISTRATOR NELSON STATED THAT IT IS NOT. HE SUGGESTED THE BOARD SET A TIME PERIOD OF NOT MORE THAN SIX MONTHS, AND THEN, SINCE THE SCALES ARE NOW INSTALLED, WE CAN MORE ADEQUATELY 8 JUN 7 1978 160A R.�T� 431 DETERMINE THE AMOUNT BEING TAKEN OUT AND FIGURE A MORE DEFINITE VALUE. ' ADMINISTRATOR JENNINGS RECOMMENDED THAT THE BID BE .ACCEPTED. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, TO ACCEPT THE BID OF SILVER BELL .JUNK, FORT PIERCE, FOR SALVAGE RIGHTS AT THE SANITARY LANDFILL AS BEING THE LOWEST AND BEST BID, IN THE AMOUNT OF $7.00 PER DAY, 6 DAYS PER WEEK; SUBJECT TO OBTAINING A WRITTEN CONTRACT WITH A CANCELLATION PERIOD -OF THIRTY DAYS UPON NOTIFICATION BY ATTORNEY, COMMISSIONER LOY RECOMMENDED THAT THIS BE SUBJECT TO, CONFIRMATION BY THE ADMINISTRATOR'S OFFICE THAT THIS COMPANY IS AN AUTHORIZED DEALER WITH A SATISFACTORY BACKGROUND, AND THE BOARD AGREED. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. 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: 0 mqx 35 FA -UF 52 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 :n the Court, was Pub- nshed in said newspaper in the issues of l- 1 4. 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. ((�� -.�� 9pp Swam to and subscribed before me is A.D..12 1 (B 'ne Manager) (Clerk of the Circuit Court, Indian R County, Florida) (SEAL) INVITATION TO BID ON DRILLING OF EXPLORATORY, TEST, AND OBSERVATION WELLS FOR INDIAN RIVER COUNTY, FLORIDA Seated bids will be received by Indian River County, Florida, at the Commission Room, Indian River County Courthouse, Vero Beach, Florida, up until the hour of 9:30 a.m. Eastern Daylight Time, June 7, 1978, at which time they will be publicly opened and read for furnishing all labor, materials, transportation, equip. ment, supervision, for drilling exploratory, test, and observation wells located within Hobart Park, Indian River'County, Florida. Specifications and Bid Forms may be examined at the office of Beindorf and Associates, Inc., Consulting Engineers, 3885 20th Street, Post Office Box 849, Vero Beach. Florida 32%0. All bids must be submitted on the blank forms provided by the Consulting Engineers and must be accompanied by a Bid Bond in the amount of S percent of the Bid. The Owner reserves the right to waive any informalities or to reject any or all Bids. Date: May 16,1978. -s-Jack G. Jennings County Administrator May 17, 24,1978. THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE, AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: MCCULLERS AND HOWARD WELL DRILLING, INC, VERO BEACH RIVE SCREEN WELLS , 0• zET CREEN ELLSES WELLS , Q OBSERVATION ELLS ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE ABOVE BID BEING REFERRED TO THE ADMINISTRATOR AND THE CONSULTING ENGINEER 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: 10. JUN 7 1,978 ec% 35 FA 5 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: 1 -- SECTION A STATE OF FLORIDA ADVERTISEMENT FOR BIOS IndianMore the undersigned authority personally appeared J. J. Schumann, Jr. who on oath Count RourC House, Room 1 says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published County Court Nouse, Room 115 at Vero Beach in Indian River County,Florida; that the attached c Vero ch, Florida 32960 copy of advertisement, being Notice•Separate sealed BIDS for the construction of: Phase 11 Gifford Area Water System a Renovation including, but not limited. to, repairing leaks in existing water mains; relocating existing water meters; ramovin% the matter of Gifford Water —phase I I testing, repairing, certifying and reinstalling existing water meters; replacing non repairable water meters and appurtenances; flushing existing water distribution system; and connecting existing water mains to a new water transmission line provided by others. will he received by Indian River Countyj In !he Court, was pub- Florida, at the office of County Administrator, County Court House, Room 115, until 9:30 A.M., (Daylight Savings Time), June 7, 1976, Bshed in said newspaper in the issues of May 17. ?d. 197A and then at said office publicly opened and read aloud. The CONTRACT DOCUMENTS may be examined at the following locations: 1. Office of the Engineers, Sverdrup & Parcel and Associates, Inc., Gainesville, Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Florida. 2. Indian River County Court House, County Vero Beach, in said Indian River County, and that the said newspaper has heretofore Administrator Office, Vero Beach, Florida. been continuously published in said Indian River County, Florida, weekly and has been entered 3. Beindorf & Associates, Inc., 3885 20th as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida Street, Vero Beach, Florida 32960. for a period of one year next preceeding the first publication of the attached copy of adver- Copies of the CONTRACT DOCUMENTS tisement; and affiant further says that he has neither paid nor promised any person, firm or may be obtained at the office of Sverdrup & corporation any discount, rebate, commission or refund for the purpose of securing this adver- Parcel and Associates, Inc. located at 2002 tisement for publication in the said newspaper. N.W. • 13th Street, Suite 201, Gainesville, Florida, 32601 upon payment of $35.00 for each Sworn to and subscribed before me this ,-42 r, t M a Y V NO REFUNDS will be made forme return of � the CONTRACT DOCUMENTS. s.Jack G. Jennings County Administrator (B in ss Manager) N. Nelson, BY direction May 17, 294,, 1 78. " (Clerk of the Circuit Court, Indian Ri& County, Florida) (SEAL) kLof THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: DRIVEWAYS, INC., TITUSVILLE TOTAL BASE BID $57,318.00 TOTAL ,DDITIVE LTEg- NATE (FINEVIEW PARK) $53,000.00 CHAPMAJCONSTRUCTION, INC. ACKSONVILLE TOTAL BASE BID $70,615.00 TOTAL ADDITIVE LTEg- NATE ( INEVIEW PARK) $42,285.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON,.THE BOARD UNANIMOUSLY APPROVED THE ABOVE BIDS BEING REFERRED TO THE ADMINISTRATOR AND THE CONSULTING ENGINEER FOR EVALUATION. 11 JUN 7197S 35 PA -c 54 ._w ENGINEER BEINDORF.INFORMED THE BOARD THAT THE ADDITIVE WAS WORK NOT ORIGINALLY SCHEDULED, BUT WHILE THEY WERE TAKING BIDS, THEY FELT THEY MIGHT AS WELL SEE WHAT SOME OF THE ADDITIONAL WORK WOULD COST. HE STATED THAT IT WILL TAKE A WHILE TO EVALUATE THESE BIDS AND THEY MIGHT NEED A SPECIAL MEETING TO AWARD THEM. ADMINISTRATOR .JENNINGS ANNOUNCED THAT SOUTHERN BELL WILL HAVE A MOBILE UNIT PARKED IN THE COURTHOUSE PARKING LOT FRIDAY FROM. 10:00 A.M. UNTIL 2:00 P.M. TO DISPLAY DIFFERENT METHODS OF UPGRADING THE COMMUNICATIONS SYSTEM WITHIN PUBLIC BUILDINGS. OFFICIALS AND STAFF PEOPLE ARE INVITED TO VISIT THE EXHIBIT. CHAIRMAN VIODTKE INFORMED THE BOARD THAT MR. BROWN, BLUE CROSS/ BLUE SHIELD REPRESENTATIVE, IS UNABLE TO BE HERE TODAY AND VIRGINIA CUNNINGHAM, THEIR OFFICE MANAGER FROM FORT PIERCE, IS TAKING HIS PLACE. THE POLICY ANNIVERSARY DATE IS .JUNE 15TH AND SOME DECISIONS MUST BE REACHED. MS. CUNNINGHAM EXPRESSED MR. BROWNS REGRETS AND ASKED IF THERE WERE ANY SPECIFIC QUESTIONS IN REGARD TO THE PRESENTATION HE MADE AT THE LAST MEETING, WHICH CALLED FOR THE RATES TO GO UP 16.9%. COMMISSIONER SCHMUCKER NOTED THAT SOME QUESTION WAS RAISED AT THE LAST MEETING ABOUT THE 20% INFLATIONARY TREND COST RISE FIGURE. MS. CUNNINGHAM STATED THAT WHEN SHE WENT OVER THE FILES ON THE COUNTY'S POLICY, SHE FOUND THAT WE ACTUALLY WERE DUE A 23.1% INCREASE, BUT MR, BROWN FELT THIS WAS EXCESSIVE BASED ON OUR PREVIOUS EXPERIENCE AND CONTACTED.JACKSONVILLE. AFTER MUCH DELIBERATION, THEY AGREED TO DROP THE PERCENTAGE TO 16.9%. MS. CUNNINGHAM CONTINUED THAT EVERYTHING IS GOING UP AND CITED VARIOUS REASONS SUCH AS MALPRACTICE SUITS, ADDITIONAL TECHNIQUES, AND LABORATORY COSTS. SHE FURTHER NOTED THAT PEOPLE ARE MORE EDUCATED ABOUT INSURANCE AND ARE FILING MORE CLAIMS. CHAIRMAN VIODTKE NOTED THAT THERE WERE SOME DISCREPANCIES BETWEEN THE FIGURES GIVEN US BY MR. BROWN ON INCURRED CLAIMS USING 12 A TIME PERIOD FROM PARCH IST TO FEBRUARY 28TH, AND THE ANNUAL ACCOUNTING OF AUGUST 1976 THROUGH .JULY 1977. MS. CUNNINGHAM STATED THAT THE REASON FOR THIS IS THAT IN THE ANNUAL ACCOUNTING THEY MUST HAVE A CUT-OFF DATE IN ORDER TO ALLOW TIME TO FIGURE RATES FOR THE NEXT YEAR SO THEY TAKE WHAT HAS HAPPENED UP TO THAT CUT-OFF DATE AND THEN PROJECT FOR THE BALANCE OF THE YEAR. COMMISSIONER LOY NOTED THAT WHEN WE HAD AN 83% LOSS RATIO; WE FELT WE SHOULD HAVE BEEN DUE SOME TYPE OF REBATE, BUT THEY JUST LEFT THE RATES THE SAME. NOW WE HAVE A 102% LOSS RATIO AND ARE HAVING TO PAY ALMOST 17% MORE, WHICH ISNOT CONSISTENT. MS. CUNNINGHAM POINTED OUT THAT THE COUNTY HAD MONEY SAVED LAST YEAR, BUT THE RESERVE IS DOWN THIS YEAR AND NOW THERE IS A $2,000 LOSS AND THEY DONT KNOW WHAT CLAIMS STILL WILL COME IN. IN ORDER TO PROJECT WHAT WILL HAPPEN, THEY MUST FIGURE BASED ON PREVIOUS EXPERIENCE. CHAIRMAN WODTKE FELT THERE IS AN OVERLAPPING PERIOD IN THE RATING REVIEW. HE THEN DISCUSSED THE POSSIBILITY OF CHANGING THE ANNIVERSARY DATE TO COINCIDE WITH OUR FISCAL YEAR, COMMISSIONER LOY NOTED THAT MR. BROWN HAS ALREADY TOLD US IF WE UPDATED THE POLICY, IT WOULD PROBABLY BE AT HIGHER RATES. SHE WONDERED WHAT THE POSSIBILITY WOULD BE OF TAKING THE PROPOSAL NOW -OFFERED AND EXTENDING IT TO OCTOBER OF THE NEXT YEAR RATHER THAN ON A D MONTH BASIS. MS. CUNNINGHAM INFORMED THE BOARD THAT THE CONTRACT IS A 12 MONTH CONTRACT, AND IT IS RATED FOR 12 MONTHS, IF YOU WENT OVER THAT, THEY WOULD HAVE TO ADJUST THE RATES ACCORDINGLY, COMMISSIONER SCHMUCKER SUGGESTED ACCEPTING THE 16.9% RATE INCREASE JUST UNTIL OCTOBER AND THEN BIDDING AGAIN, AND THE BOARD AGREED THEY WOULD LIKE TO GET TO THE OCTOBER DATE. IN FURTHER DISCUSSION IN REGARD TO CHANGING THE ANNIVERSARY DATE, IT WAS NOTED THAT BY HAVING AN OCTOBER ANNIVERSARY DATE, RATE INFORMATION WOULD NOT BE RECEIVED IN TIME FOR THE BUDGET SESSIONS, AND IT.WAS DECIDED TO REMAIN WITH THE PRESENT ANNIVERSARY DATE. 13 5 5 CHAIRMAN VIODTKE DISCUSSED TRYING TO PINPOINT DEPARTMENTS WITH THE MOST CLAIMS, AND MS. CUNNINGHAM•PRESENTED HIM WITH A CLAIMS LIST FROM LAST SEPTEMBER. WILLIAM KOOLAGE SUGGESTED THE COUNTY MIGHT CONSIDER AN INSURANCE PLAN WHICH"DOES NOT ESCALATE SUCH AS THE AMERICAN ASSOCIATION OF RETIRED PEOPLE HAS. CHAIRMAN WODTKE NOTED THAT THE LEGISLATURE SAYS THAT THE RATE STRUCTURES ON ALL PLANS MUST BE APPROACHED ON AN INDIVIDUAL BASIS, AND OUR RATE STRUCTURE, THEREFORE, COULD BE COMPLETELY DIFFERENT THAN THAT OF ST. LUCIE COUNTY BASED ON OUR EXPERIENCE SO ACTUALLY WE ARE MORE OR LESS SELF-INSURED AND PAYING BLUE CROSS/BLUE SHIELD TO ADMINISTER THE POLICY. COMMISSIONER SIEBERT FELT THERE IS A LOT TO THE ADMINISTRATION OF THESE POLICIES, AND THAT THEY CAN ADMINISTER IT A LOT CHEAPER THAN THE COUNTY CAN. CHAIRMAN WODTKE STATED THAT HE WOULD LIKE TO HAVE A CURRENT LOSS REPORT, AND MS. CUNNINGHAM STATED THAT SHE WOULD SEND HIM THE MOST CURRENT ONE AND THAT THESE CAN BE SENT ON A QUARTERLY BASIS IF DESIRED. THE BOARD AGREED THIS SHOULD BE DONE. MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, TO ACCEPT THE PROPOSAL OF BLUE CROSS/BLUE SHIELD FOR THE NEXT YEAR AS OUTLINED IN THE PRESENTATION MADE BY MR. BROWN, INCkEASING THE ROOM RATE FROM $55.00 DAILY TO $75.00. CHAIRMAN WODTKE NOTED THAT THE $7,459 INCREASE SHOWN.ON THE LAST PAGE OF THE PRESENTATION IS JUST FOR THE INCREASED ROOM RATE. MS. CUNNINGHAM AGREED THAT.THERE WOULD BE AN ESTIMATED ANNUAL INCREASE OF ABOUT $17,836 PLUS THE $7,459 FOR ROOM RATE INCREASE, OR APPROXIMATELY $25,000.00. DISCUSSION CONTINUED ON THE FIGURES AND INCREASES INVOLVED. CHAIRMAN WODTKE REQUESTED THAT WE OBTAIN A COPY OF THE RATE REVIEW PRESENTED TO US LAST YEAR AND THE MORE RECENT ONE AND ALSO, AS SOON AS AVAILABLE, THE ANNUAL ACCOUNTING REPORT. HE REQUESTED L 14 8.wK 5 PAGE a7 THAT MR. DONLON BE SUPPLIED WITH QUARTERLY REPORTS OF OUR LOSS RATIOS AND KEEP SOME ACCOUNTING FIGURES -ON THEM. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 78-43 HONORING RALPH SEXTON FOR HIS YEARS OF SERVICE ON THE ZONING COMMISSION. RESOLUTION NO. 78-43 BOARD OF COUNTY COMMISSIONERS. ' OF INDIAN RIVER COUNTY, FLORIDA► WHEREAS, RALPH SEXTON was appointed to the Indian River County Zoning Commission on October 7, 1958; and. ' WHEREAS, RALPH SEXTON served as Chairman of the Indian River ,County Zoning Commission from February 27, 1967 through January 12, 1978; and WHEREAS, The Board of County Commissioners of Indian River County, Florida, takes this opportunity to honor one of its distinguished citizens while he remains in office and continues ,to serve our County; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the Board, on behalf of itself and its citizenry, honors RALPH SEXTON for his years of diligent service on the Indian River County Zoning ,Commission, both as a Member and as Chairman; and BE IT FURTHER RESOLVED that Indian River County is a better place to live and has maintained its unique qualities based on 'the accomplishments of RALPH SEXTON and his fellow Zoning Commissioners, some of the accomplishments being: Adoption of the Zoning Ordinance. Adoption of the Indian River County Comprehensive Planning Ordinance. Rezoning of the Gifford Area. Coordinating and working toward establishi:lg:,a Joint,. Vero Beach/Indian River County Planning Department and hiring of the first Planner, Val Brennan. Establishing the 75 foot set -back along State Road 60. Adoption of Southern Standard Building Code. Ordinance relating to Dune Protection. Adoption.of the Subdivision Regulation Ordinance. Amendment -to the Zoning Ordinance re:- Mining and Excavation - Up -dating the Southern Standard Building Code. ' Zoning of the Spoil Islands to Marine.Park District. ' Adoption of the Landscape Ordinance. Adoption of the Site Plan Ordinance. Said Resolution shall become effective as of the 7th;day of June , 1978. _J 7''19 1 `;�i-�-` Chairman,County CommissionLWs 600K 35 PAG,=. 5 CHAIRMAN WODTKE PRESENTED RESOLUTION N0. 78-43 TO RALPH SEXTON AND COMPLIMENTED HIM AND HIS FAMILY FOR THEIR MANY SERVICES TO THE COUNTY OVER THE YEARS. ATTORNEY COLLINS INFORMED THE BOARD THAT ROBERT ALBRIGHT HAS REVIEWED HIS CONTRACT WITH THE COUNTY FOR THE RENTAL OF BEACH EQUIPMENT ON WABASSO BEACH WITH HIS ATTORNEY AND NOW WISHES TO DISCUSS IT WITH THE BOARD. MR. ALBRIGHT DISCUSSED HIS THREE MAJOR POINTS OF CONCERN, HE STATED THAT HE HAS NO OBJECTION TO THE INSURANCE REQUIREMENT, BUT WITH THIS KIND OF PROPERTY DAMAGE COVERAGE HE WOULD LIKE TO HAVE SOME SORT OF STORAGE FACILITY, EITHER MOBILE OR FIXED, AND LEAVE HIS EQUIPMENT LOCKED IN IT AT THE BEACH OVERNIGHT. HE SUGGESTED. BUILDING A 4X8 SHED AGAINST ONE OF THE COUNTY STRUCTURES PRESENTLY LOCATED AT THE BEACH. SECONDLY, MR. ALBRIGHT DID NOT FEEL HE SHOULD BE LOCKED INTO EXPLICIT HOURS, BUT WISHED TO BE ABLE TO VARY THEM DEPENDENT ON THE WEATHER AND THE TRAFFIC AT THE BEACH, THIRDLY, MR. ALBRIGHT STATED THAT HE WOULD LIKE TO HAVE THE SERVICE FEE RELATIVE TO HIS INCOME AND SUGGESTED HAVING A MINIMUM BEACH SERVICE FEE FOR THE USE OF THE BEACH WITH ANYTHING OVER AND ABOVE THAT TO BE DETERMINED FROM AN ANNUAL AUDIT. CHAIRMAN WODTKE POINTED OUT THAT THE INSURANCE IS -LIABILITY INSURANCE AND DOES NOT COVER EQUIPMENT. HE AGREED Il THA-` THE HOURS SHOULD DEPEND ON THE WEATHER, BUT FELT IF WE ARE GOING TO HAVE A FRANCHISE FOR THIS OPERATION, WE MUST HAVE SOME ASSURANCES THAT IT WILL BE CARRIED OUT ON A FAIRLY REGULAR SCHEDULE. IN FURTHER DISCUSSION, IT WAS NOTED THAT THE CONTRACT ALREADY MAKES THE HOURS "DEPENDENT ON WEATHER AND DAYLIGHT." MR. ALBRIGHT STATED THAT HE MAINLY WOULD LIKE TO BE ABLE TO MAKE A DETERMINATION OF WHETHER TO STAFF THE BEACH IF THE BEACH TRAFFIC DOES NOT WARRANT IT. COMMISSIONER Loy POINTED OUT WHEN YOU ARE TRYING TO DEVELOP A BUSINESS, YOU DON'T JUST PICK UP AND GO HOME WHEN IT IS -A SLOW DAY, BECAUSE IF YOU ARE NOT THERE ON A REGULAR BASIS, 17 Jul N 7 35 Du THE GENERAL PUBLIC CAN `T COUNT ON YOU, SIR. ALBRIGHT FELT IF HE HAS TO HAVE STIPULATED HOURS THEN HE WOULD NO LONGER BE AN INDEPENDENT BUSINESSMAN,BUT WOULD BE WORKING FOR THE COUNTY. CHAIRMAN VllODTKE POINTED OUT THAT HE IS ASKING FOR AN EXCLUSIVE FRANCHISE AND IF WE GRANT SUCH A FRANCHISE, WE MUST HAVE SOME ASSURANCES THAT IT WILL BE STAFFED, MAINTAINED AND OPEN TO THE PUBLIC. COMMISSIONER DEESON DID NOT FEEL THAT MR. ALBRIGHT WOULD BE ABBE TO ESTABLISH A TRAFFIC PATTERN AND DETERMINE GOOD DAYS AND BAD DAYS OVER A SHORT PERIOD OF TIME, COMMISSIONER $IEBERT SUGGEST CHANGING THE HOURS FROM 9:00 A.M. To 6:00 P.M. DURING MAY TO OCTOBER TO 9:00 TO 5:00 DURINGJUNE TO SEPTEMBER, AND THEN HAVING THE OTHER NINE MONTHS ON AN AS -NEEDED BASIS. MR. ALBRIGHT AGREED THIS WOULD HELP, AND THEN ASKED ABOUT THE FEE AS HE WOULD LIKE TO KEEP AWAY FROM A FIXED FEE PER MONTH. COMMISSIONER SIEBERT FELT THIS SHOULD BE ONLY A MINIMUM OR TOKEN FEE SUCH AS $25.00 PER MONTH. HE NOTED THE COUNTY WOULD RATHER NOT AUDIT MR. ALBRIGHT`S BOOKS, AND HE THEN COULD EVALUATE AFTER A YEAR. MR. ALBRIGHT FELT THIS WOULD BE FAIR BUT WANTED SOME INFORMATION ABOUT WHAT WOULD HAPPEN THE FOLLOWING YEAR, THE BOARD NOTED THAT IT WOULD HAVE TO BE PUT OUT FOR BID, BUT POINTED OUT THAT MR. ALBRIGHT WOULD HAVE AN ADVANTAGE BASED ON EXPERIENCE WHEN IT CAME TO BIDDING, AND IF HE HAD TO HAVE THE COUNTY AUDIT HIS BOOKS, THE AUDIT THEN WOULD BECOME PUBLIC INFORMATION. COMMISSIONER $IEBERT STATED THAT HE WOULD LIKE TO HAVE THE CONTRACT PROVIDE THAT THE BUSINESS CANNOT BE ASSIGNED DURING THE YEAR WITHOUT APPROVAL OF THE BOARD, AND MR. ALBRIGHT STATED THAT HE WOULD AGREE TO THAT. COMMISSIONER SCHMUCKER DISCUSSED MR. ALBRIGHT`S SUGGESTION THAT HE BUILD A SHED ONTO A COUNTY BUILDING. MR. ALBRIGHT STATED THAT HE HAS A TRAILER WHICH IS TO BE USED FOR TRANSPORTING HIS EQUIPMENT, BUT HE WOULD PREFER TO LEAVE lu j 719 J�y Us 5 PAGE 6i THIS LOCKED ON THE BEACH OVERNIGHT COMMISSIONER DEESON STATED THAT HE AND ATTORNEY COLLINS -HAD DISCUSSED THIS AND WOULD RECOMMEND THAT THE COUNTY NOT PERMIT MR. ALBRIGHT TO LEAVE ANY EQUIPMENT ON THE BEACH OVERNIGHT AS IT WOULD NOT BE SECURE. .COMMISSIONER SIEBERT NOTED THAT WE ARE CONTEMPLATING CHANGES AT THIS BEACH, INCLUDING FENCING, AND IN CASE THE SITUATION DOES (MANGE, SUGGESTED THAT THE CONTRACT BE WORDED "ALBRIGHT SHALL NOT STORE ANY EQUIPMENT WITHOUT WRITTEN CONSENT OF THE COUNTY km ISTRATOR." • ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE AGREEMENT WITH ROBERT F. ALBRIGHT, ADDING A CLAUSE STATING THAT THIS AGREEMENT CANNOT BE ASSIGNED TO ANOTHER PARTY WITHOUT THE EXPRESS PERMISSION OF THE BOARD; IN PARAGRAPH 2, ADDING ONTO THE THIRD SENTENCE SO THAT IT READS "ALBRIGHT SHALL NOT STORE ANY EQUIPMENT ON COUNTY PROPERTY DURING THE EVENING WITHOUT WRITTEN PERMISSION OF THE COUNTY ADMINISTRATOR;" MAKING THE HOURS 9:00 A.M. TO 5:00 P.M. FROM .TUNE 1ST THROUGH AUGUST 31ST AND ON AN AS -NEEDED BASIS FROM SEPTEMBER IST TO MAY 31ST; AND SETTING THE FEE AT $25.00 PER MONTH FOR THE TERM OF THE AGREEMENT TO BE PAID BY THE 10TH OF EACH MONTH. THE AGREEMENT WILL BE MADE A PART OF THE MINUTES WHEN FULLY EXECUTED. ADMINISTRATOR JENNINGS REQUESTED THAT AN EMERGENCY MATTER BE ADDED TO TODAY'S AGENDA IN REGARD TO A VEHICLE FOR THE LITTER ENFORCEMENT OFFICER. ON MOTION BY -COMMISSIONER DEESON, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY ADDED TO TODAY'S AGENDA THE EMERGENCY ITEM REQUESTED BY THE ADMINISTRATOR. ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT ON MARCH 14TH THE BOARD AWARDED TO FRED COYNE CHEVROLET THE BID FOR A VEHICLE FOR THE LITTER OFFICER, THINKING THAT BY THE TIME THE OFFICER COMPLETED HIS TRAINING COURSE, THE VEHICLE WOULD BE READY. HE CONTINUED THAT LAST WEEK MR. DONLON WENT TO FRED COYNE CHEVROLET AND WAS GIVEN A LETTER STATING THAT DUE TO COMPLICATIONS AND CHANGE OF FACTORY SPECIFICATIONS, THEY NOW CANNOT PRODUCE THIS VEHICLE. THE ADMINISTRATOR CONTINUED THAT IN VIEW OF THIS SITUATION, HE 19 JUN 71970 35 pAo -62 - z WOULD LIKE TO HAVE PERMISSION TO BUY A CONVEYANCE ON AN EMERGENCY BASIS AND GO TO DEALERS IN THE AREA AND FIND A PICK-UP THAT IS ON THE LOT. IT WAS NOTED THAT NO BOND WAS REQUIRED ON THIS BID. AFTER FURTHER DISCUSSION, MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON TO ACCEPT THE ADMINISTRATOR'S RECOMMENDATION THAT A CONVEYANCE BE PURCHASED FOR THE LITTER OFFICER ON AN EMERGENCY BASIS AND TO AUTHORIZE THE ADMINISTRATOR TO LOOK INTO HAVING SOME SORT OF A PENALTY CLAUSE ON BIDS. COMMISSIONER LOY FELT THIS IS A TRUE EMERGENCY AND WE SHOULD JUMP INTO THE OPEN MARKET AS RECOMMENDED BY THE ADMINISTRATOR. ADMINISTRATOR JENNINGS STATED THAT HE HAS NOT HAD A SATISFACTORY EXPERIENCE WITH THIS PARTICULAR COMPANY IN TWELVE YEARS. CHAIRMAN VIODTKE SUGGESTED, IN VIEW OF RECENT PROBLEMS, POSSIBLY OUR BID LIST AND AREA SHOULD BE ENLARGED, THE CHAIRMAN CALLED FOR -THE (QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. ADMINISTRATOR JENNINGS RECOMMENDED THAT THE BOARD ACCEPT THE BID OF SUNRISE FORD TRACTOR CO., RECEIVED AT THE MAY 24TH MEETING. HE NOTED THAT THE TRACTOR IS ON HAND, CAN BE DELIVERED IMMEDIATELY, -AND THE BID IS CLOSE TO $1,000 UNDER THE NEAREST BID. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF SUNRISE FORD TRACTOR CO. FOR A FORD TRACTOR MODEL 6600, AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $11,655.98. THE BOARD THEREUPON RECESSED AT 12:00 NOON FOR LUNCH AND RECONVENED AT 1:30 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. ENGINEER JAMES BEINDORF CAME BEFORE THE BOARD AND NOTED THAT TWO MONTHS AGO THE BOARD INSTRUCTED THE CONSULTING ENGINEERS TO PROCEED LOOKING FOR WATER SOURCES IN THE.SOUTH COUNTY AND A POSSIBLE SITE FOR A TREATMENT PLANT AND, IN ESSENCE, CONSIDER GOING INTO THE WATER BUSINESS ON THE WEST SIDE OF THE RIVER AND SOUTH OF THE CITY LIMITS. MR. BEINDORF NOTED- THAT THIS WILL REQUIRE STEPPING 20 JUN 1978 II UP THEIR ORGANIZATION, WHICH THEY ARE PREPARED TO D0, HE INFORMED. THE BOARD THAT THEY WILL BE WORKING OUT.OF THE VERO OFFICE AND NOT THE GAINESVILLE OFFICE AND THE MAN THEY PROPOSE TO ADD TO THEIR STAFF IS READY TO MOVE WITHIN VERY SHORT NOTICE; IN FACT, GERAGHTY & MILLER WILL BE WORKING WITH HIM THIS NEXT WEEK IN LOOKING FOR WELLFIELDS. MR. BEINDORF CONTINUED THAT THE CONTRACT THEY ARE CURRENTLY WORKING UNDER, WHICH IS WRITTEN ON FHA CONTRACT FORMS, IS SIX YEARS OLD AND SOME OF THE RATES ARE NO LONGER APPLICABLE. THE CONTRACT, THEREFORE, NEEDS TO BE UPGRADED EITHER BY AMENDMENT OR BY DRAWING A NEW CONTRACT. MR. BEINDORF FELT WE SHOULD CONTINUE TO WRITE THE CONTRACT ON THE FHA FORMS BECAUSE THAT IS THE MONEY WE WILL BE USING. HE ASKED THE BOARD'S PERMISSION TO CONTINUE WORKING UNDER THE OLD CONTRACT FOR THE NEXT MEETING OR TWO; ADD THE MAN HE PROPOSES TO THEIR STAFF; AND THEN PRESENT EITHER AN AMENDED CONTRACT OR A NEW ONE FOR THE BOARD TO REVIEW. ATTORNEY COLLINS AGREED THERE ARE REASONS FOR DOING THIS; FIRST OF ALL BECAUSE A GREAT DEAL -OF TIME HAS GONE BY, AND ALSO FHA MAY HAVE SOME NEW REGULATIONS AND WE SHOULD BE IN CONFORMANCE. HE FELT THE BOARD SHOULD CONFIRM THE CONTRACTS UNTIL THE NEXT MEETING AND AT THAT TIME, HE WILL BRING IN AN UP—TO—DATE CONTRACT FOR REVIEW, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ENGINEER TO PROCEED ON THE EXISTING CONTRACT UNTIL SUCH TIME AS WE ARE PRESENTED WITH A REVISED CONTRACT. ENGINEER BEINDORF REQUESTED THAT THE BOARD SET UP A SPECIAL MEETING FOR AWARDING THE BIDS ON PHASE II OF THE'GIFFORD AREA WATER SYSTEM RENOVATION, AND THE BOARD AGREED TO HOLD A SPECIAL MEETING ON 8:30 A.M. FRIDAY, JUNE 16, 1978. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT SIX LETTERS WERE SENT OUT REQUESTING PROPOSALS ON JANITORIAL SERVICES AND ONLY ONE WAS RECEIVED. THIS CONTRACT ACTUALLY EXPIRED ON THE 18TH OF MARCH. COMMISSIONER SIEBERT ASKED WHAT WE WOULD DO ABOUT THE 01 JUN 71978 t � jai cle n- 04 JANITORIAL SERVICE IN THE EVENT WE HAVE CHANGES IN OFFICE ARRANGEMENTS BECAUSE OF ACQUIRING THE OLD HOSPITAL. ADMINISTRATOR JENNINGS NOTED THAT THIS IS A YEARLY CONTRACT AND HE FELT, UNDER THOSE CONDITIONS, WE WOULD PROBABLY HAVE TO MAKE NEW ARRANGEMENTS, BUT HE DID NOT KNOW HOW IT WOULD BE WORKED OUT RIGHT NOW, ATTORNEY COLLINS SUGGESTED, SINCE THERE IS ONLY ONE PROPOSAL, WE COULD REQUEST THEM TO KEEP THE PROPOSAL VALID UNTIL WE MAKE ANY CHANGES AND AT THAT TIME SUBMIT A NEW PROPOSAL, CHAIRMAN WODTKE OPENED THE PROPOSAL SUBMITTED AND ANNOUNCED THAT COAST TO COAST .JANITORIAL SERVICE PROPOSED TO SERVICE THE COURTHOUSE, THE ANNEX AND THE PLANNING AND ZONING !DEPARTMENT OFFICES FOR THE AMOUNT OF $1,539.00 PER MONTH. IN DISCUSSION, IT WAS NOTED THAT THEIR CHARGE LAST YEAR WAS $1,291.00 PER MONTH, AND THE ADMINISTRATOR EXPRESSED SOME CONCERN WITH THE SERVICE WE ARE GETTING, WHICH HE DID NOT FEEL IS UP TO THE STANDARD IT SHOULD BE. COMMISSIONER SCHMUCKER ASKED IF WE COULD ACCEPT THE PROPOSAL SUBJECT TO IT BEING AMENDED IN THE FUTURE, AND ATTORNEY COLLINS SUGGESTED THAT THE BOARD TAKE THIS PROPOSAL AND SIT DOWN WITH THESE PEOPLE AND WORK OUT ARRANGEMENTS. HE ALSO SUGGESTED HAVING A 30 DAY TERMINATION CLAUSE. COMMISSIONER SIEBERT NOTED THAT WHEN WE EVENTUALLY GET INTO THE HOSPITAL, WE MIGHT WANT TO HIRE OUR OWN JANITOR. CHAIRMAN VIODTKE FELT WE SHOULD GO ON RECORD AS HOPING THAT THE QUALITY OF THE SERVICE WILL IMPROVE. nN MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ACCEPTED ON A MONTH-TO-MONTH BASIS THE PROPOSAL OF COAST TO COAST .JANITORIAL SERVICE IN THE AMOUNT OF $1,539.00 PER MONTH. PERSONNEL DIRECTOR DONLON INFORMED THE BOARD THAT IXORIA UTILITIES HAS ASKED FOR A PUBLIC HEARING ON A RATE INCREASE. HE STATED THAT THEY HAVE NOW SUBMITTED SUFFICIENT INFORMATION AND ASKED IF THE BOARD WOULD LIKE TO SET UP A SPECIAL MEETING FOR THIS PURPOSE. CHAIRMAN WODTKE NOTED THAT WE ARE IN THE PROCESS OF SETTING STANDARDS ON CONDUCTING RATE HEARINGS AND ASKED THE ATTORNEY ABOUT HOW MUCH TIME WOULD BE REQUIRED TO ESTABLISH THESE STANDARDS BEFORE WE GO INTO ANY MORE RATE HEARINGS, ATTORNEY COLLINS ESTIMATED ABOUT 30 DAYS. COMMISSIONER LOY FELT WE MUST HAVE SOME KIND OF PROCEDURE AND SUGGESTED WE WAIT 30 DAYS IN THE HOPES OF OBTAINING THE NEEDED GUIDELINES. COMMISSIONER SCHMUCKER ASKED IF THE BOARD WISHED TO CONSIDER TURNING THIS MATTER OVER TO THE PUBLIC SERVICE COMMISSION. COMMISSIONER Loy STATED THAT SHE FELT THIS SHOULD BE DONE ONLY AS A LAST RESORT AS SHE DOES NOT FEEL THE GENERAL PUBLIC GETS NEAR THE REPRESENTATION THAT THEY WOULD IN FRONT OF THIS BOARD. AFTER FURTHER DISCUSSION, IT WAS AGREED TO SET A PUBLIC HEARING ON A RATE INCREASE REQUEST FOR iXORIA UTILITIES FOR 4:00 P.M. JULY 19, 1978. THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: 23 Box 35 PAut: VERO BEACH PRESSJOURNAL '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 Court, was pub- lished in said newspaper in the issues of -`f—n (7�? co{C�9� 2 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.` Sworn to and subscribed before me this (B ine Manager) (BEAU (Clerk of the Circuit Court, Indian v) County, Florida) NOTICE NOTICE IS HEREBY GIVEN that the Planning and Zoning Commission of Indian River County, Florida, has tentatively ap- proved the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated In Indian River County, Florida, to -wit: Lot 125, Unit 11, The Moorings Subdivision, according to the plat thereof filed in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 8, pages 28 through 28-C inclusive; said land lying and being in Indian River County, Florida. Be changed from C -IA Commercial to R -2C Residential. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Planning and Zoning Commission in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, Thursday, April 13, 1978, at 7:30 P.M., after which said public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard will be held by the Board of County Commissioners of Indian River County, Florida, in the County Com- mission Room, Indian River County Cour- thouse, Vero Beach, Florida, on Wednesday, June 7,1978, at 2:00 o'clock P.M. Board of County Commissioners Indian River County By: William C. WodtkeJr., Chairman Indian River County Planning and Zoning Commission By: Dick Bird, Chairman Mar. 26, 29,1978. THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO DOYLE W. COTTON, JR., BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.66. 24' -JUN 71%11118 35 67 BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairman WILLARD W. SIEBERT. JR. EDWIN S. SCHMUCKER R. DON DEESON JACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach. Florida 32960 April 7, 1978 i Mr. Doyle W. Cotton, Jr. 1 Williams Center Suite 4660 Tulsa, Okla. 74103 Dear Mr. Cotton: In compliance with Florida Statute -125.66, the following is a Notice of Public Hearing for rezoning, as requested by the Indian River County Planning and Zoning Commission, NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida to wit: Lot 125, Unit II, The Floorings Subdivision, according to the plat thereof filed in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 8, pages 28 through 28-C inclusive; said land lying and being in Indian River County, Florida BE CHANGED FRO.4 C-lA COFIMERCIAL DISTRICT- TO R -2C •ANLTIPLE FAMILY DISTRICT. A public hearing in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida in the County Commission Room in the County Courthouse, Vero Beach, Florida on Wednesday, June 7, 1978 at 2:00 o'clock P.M. Sincerely, Freda Wright Clerk of . CC; Michael O'Haire, Attorney ATTORNEY COLLINS INFORMED THE BOARD THAT UNDER THE PRESENT PROCEDURE WE ADVERTISE THE PUBLIC HEARINGS FOR BOTH THE PLANNING AND ZONING COMMISSION AND THE BOARD OF COUNTY COMMISSIONERS UNDER THE SAME AD IN ORDER TO EXPEDITE MATTERS FOR THE APPLICANT. HE EXPLAINED THAT IN THIS PARTICULAR SITUATION; THE ZONING BOARD WAS REZONING SOME PROPERTY AT THE MOORINGS. MR. COTTONS PROPERTY WAS flf� 25 Mc NOT INCLUDED IN THE FIRST HEARING BECAUSE OF A PROBLEM WITH PROPER NOTICE. 14HEN IT DID COME UP FOR A PUBLIC HEARING BEFORE THE PLANNING AND ZONING COMMISSION, MR. COTTON OPPOSED THE SUGGESTED REZONING FROM C-lA To R -2C THROUGH HIS ATTORNEY, MICHAEL O'HAIRE, AND THE ZONING BOARD DID NOT REZONE THE PROPERTY. .ATTORNEY COLLINS CONTINUED THAT HIS MATTER IS ON OUR AGENDA TODAY BECAUSE IT HAS BEEN ADVERTISED, BUT ACTUALLY A HEARING IS NOT NECESSARY, ASSISTANT PLANNER BERG NOTED THAT THERE HAS BEEN NO FORMAL APPEAL OF THE REZONING DENIAL, BUT HE FELT A MOTION SUSTAINING THE ACTION OF THE ZONING BOARD WOULD BE IN ORDER. ATTORNEY COLLINS DID NOT FEEL ANY FORMAL ACTION IS NECESSARY BECAUSE THIS MATTER IS NOT OFFICIALLY OR FORMALLY BEFORE THE BOARD AT THIS TIME. ATTORNEY O'HAIRE STATED THAT SINCE.THIS MATTER HAS BEEN ADVERTISED, HE WOULD LIKE TO HAVE A MOTION TO ACCEPT THE RECOMMENDATION OF THE ZONING COMMISSION THAT THE REZONING BE DENIED, AND ATTORNEY COLLINS STATED THAT HE DID NOT HAVE ANY PROBLEM WITH THAT. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, TO ACCEPT THE RECOMMENDATION OF THE PLANNING AND ZONING COMMISSION FOR DENIAL OF REZONING OF LOT 125, UNIT II, THE MOORINGS SUBDIVISION, TO R -2C. ASSISTANT PLANNER BERG RECOMMENDED THAT THE BOARD AT LEAST HEAR THE PRESENTATION AND THEN MAKE THEIR OWN DETERMINATION. ATTORNEY COLLINS STATED THAT SINCE THIS MATTER HAS NOT BEEN APPEALED TO THE BOARD, HE DID NOT FEEL THIS WOULD BE APPROPRIATE. COMMISSIONER SIEBERT AGREED THAT WHOEVER INIATED.THE REQUEST FOR THE ZONING CHANGE WOULD HAVE TO APPEAL IT TO THE BOARD.' ASSISTANT PLANNER BERG POINTED OUT THAT THE PLANNING & ZONING COMMISSION IS AN ADVISORY BOARD AND THE BOARD OF COUNTY COMMISSIONERS IS THE FINAL AUTHORITY. HE FELT THE BOARD MIGHT BE SETTING A PRECEDENT, 26 JUN 71978 BoX 35 PAvi ATTORNEY COLLINS FELT THE MOTION MADE IS APPROPRIATE. DISCUSSION FOLLOWED IN REGARD TO THE PROCEDURES FOR ADVERTISING AND APPEALS, AND ATTORNEY COLLINS STATED THAT IN HIS EXPERIENCE THE GREAT MAJORITY OF REZONING REQUESTS ARE EITHER APPROVED OR APPEALED AND WOULD COME BEFORE THE BOARD OF COUNTY COMMISSIONERS IN THE NORMAL COURSE OF EVENTS. IN THIS CASE, HOWEVER, THE REQUEST WAS DENIED AND THERE WAS NO APPEAL. CHAIRMAN WODTKE STATED THAT HE DOES NOT LIKE TO VOTE FOR DENYING SOMETHING WHEN IT HASN'T EVEN COME BEFORE THE BOARD, AND HE WOULD'PREFER JUST TO WITHDRAW THE MATTER FROM THE AGENDA. ATTORNEY O'HAIRE POINTED OUT THAT IT HAS BEEN ADVERTISED FOR A PUBLIC HEARING. COMMISSIONER LOY NOTED THAT THE APPLICANT IS JUST ASKING US TO FOLLOW THE ADVICE OF THE ZONING BOARD. - ASSISTANT PLANNER BERG STATED THAT THE PLANNING STAFF OBJECTS, AND THEY DID NOT KNOW THEY WOULD HAVE TO APPEAL OR THEY WOULD HAVE. ADMINISTRATOR .KENNINGS COMMENTED THAT THIS PROBLEM WOULD NOT HAVE ARISEN UNDER THE OLD SYSTEM WHERE'THE HEARINGS WERE ADVERTISED SEPARATELY, BUT COMMISSIONER SIEBERT FELT THE NEW SYSTEM IS OF BENEFIT TO THE PETITIONERS EVEN THOUGH AN OCCASIONAL PROBLEM WILL ARISE. THE CHAIRMAN CALLED FOR THE QUESTION, IT WAS VOTED ON, CHAIRMAN 4JODTKE VOTING IN OPPOSITION, AND THE MOTION CARRIED. THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: 27 JUN 71978 �U�a 35 PA,r 70 1-1 28 t tit; K 5 PA -u'7 VERO BEACH PRESS -JOURNAL Published Weekly Vera Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: NOTICE STATE OF FLORIDA NOTICE IS HEREBY GIVEN that the Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published Planning and Zoning Commission of Indian River County, Florida, has tentatively ap- at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being proved the Zoning Opining hanges of and Riveritions to the County, Florida, which changes and additions are substantially1. as follows: That te Zoning Map be changed in order that the following described property situated f in Indian River County, Florida, to -wit: , In the matter ofV _/ r ao Tract 4, Section 27, Township 32 South, Range 39 East, as the same is designated on the last general plat of land of Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, In Plat Book 2, page 25; said land now In the Court, was may, lying and being in Indian River County, Florida. q,7 Be changed from R-1 Single Family to R•2C lashed in said newspaper in the issues of '7 j (_(1 l i ' 1 l r --- f I Multiple Family. A public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard, will be held by said Planning 'and Zoning Commission in the County Commission Room, Indian River Affiant further says that the said Vero Beach Press -Journal is a newspaper published at County Courthouse, Vero Beach, Florida, Thursday, April 13, 1978, at P.M., after 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 lata which said les In hinters in relation thereto of which parties in interest and citizens shalt as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida have an opportunity to be heard will held by for a period of one year next preceeding the first publication of the attached copy of adver- o the Board of County Commissioners of Indian tiserrent; and affiant further says that he has neither paid nor promised any person, firm or River County, Florida, in the County Com - corporation any discount, rebate, commission or refund for the purpose of securing this adver- mission Room, Indian River County Cour- t1sement for publication in the said newspaper. thouse, Vero Beach, Florida, on Wednesday, I'stBoard June 7, 1978, at 2:00 o'clock P.M. of County Commissioners Sworn before this of� A 0. 6172 Indian River County to and subscribed me ._ By: William C. Wodtke Jr., Chairman Indian River County Planning and Zoning Commission (B sin Manager) By: Dick Bird, Chairman Mar. 26, 29,1978. (SEAQ. (Clerk of the Circuit Court, Indian County, Florida) THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO MESSRS. VINCENT J. AND GARY J. ANTHONY BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 1.25,66, 28 t tit; K 5 PA -u'7 BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY, Vice Chairman WILLARO W. SIEBERT. JR. EDWIN S. SCHMUCKER R. DON DEESON JACK G. JENNINGS, Administrator 2145 14th Avenue Vero Beach, Florida 32960 April 7, 1978 ' 1 m � .Messrs. Vincent J. and Gary J. Anthony 757 Royal' Paha Blvd. Vero Beach, Florida 32960 Dear Messrs. Anthony: In compliance. with Florida Statute 125.66 the following is •a-Votice of Public Hearing for rezoning, as requested by you, NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida to wit: An undivided one-half interest'in and to Tract 4, Section 27, Township 32 South, Range 39 East, as the same is designated on the last general plat of land of Indian. River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 2, Page 25; said land now lying and being in Indian RiverCounty, Florida Be changed from R-1 Single Family District -to R -2C Multiple Family District A public hearing in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida in the County Commission Room in the County Courthouse, Vero Beach, Florida on Wednesday, June 7, 1978 at 2:00 o'clock P.M. Sincerely, Freda Wright of ASSISTANT PLANNER BERG STATED THAT THIS PROPERTY IS LOCATED ON THE SOUTH SIDE OF NORTH GIFFORD ROAD (45TH STREET) TO THE EAST OF 43RD AVENUE IN AN AREA WHERE THERE IS QUITE -A BIT OF SINGLE FAMILY, THOUGH THERE ARE A MIXTURE OF USES IN THE AREA. HE REPORTED THAT THE PLANNING a ZONING COMMISSION GRANTED A PUBLIC HEARING ON THIS BUT NOTED THAT THE APPLICANT HAD NOT SHOWN WATER AND SEWER AVAILABILITY. 29 M _JUN 7188OJK 35 PAGE: i . THEY DECIDED, HOWEVER, THAT THIS COULD BE HANDLED UNDER SITE PLAN APPROVAL AND RECOMMENDED THE REQUESTED ZONING, CHANGE FROM R -I TO R -2C. MR. BERG NOTED THE PROPERTY IS IN AN AREA THAT IS PROJECTED TO BE DEVELOPED IN MULTIPLE FAMILY, AND HE FELT THE PROPOSED PROJECT WOULD PROBABLY PROVIDE LOW COST OR SIMILAR TYPE HOUSING. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, THERE WERE NONE, AND IT WAS NOTED THAT NEITHER THE APPLICANT NOR HIS REPRESENTATIVE WAS PRESENT, ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, TO DENY THE REQUEST OF VINCENT AND GARY ANTHONY FOR REZONING OF THE SUBJECT PROPERTY TO R -2C. COMMISSIONER SIEBERT STATED THAT THE REASON HE MADE A MOTION TO DENY REZONING IS THAT THERE IS NO WATER AND SEWER AVAILABLE, AND HE DID NOT BELIEVE THE PROPERTY IN QUESTION IS EVEN ON THE WATER AND SEWER SYSTEM. ADMINISTRATOR JENNINGS AGREED THAT IT IS NOT ON THE WATER AND SEWER SYSTEM AT THIS TIME, BUT IT IS IN THE FRANCHISE AREA, AND THE WATER WILL GO DOWN TO THE SCHOOL AT 43RD. COMMISSIONER SCHMUCKER NOTED THAT THE DEVELOPER CAN'T PURSUE THIS MATTER WITHOUT THE PROPER ZONING. COMMISSIONER SIEBERT FELT THAT IT IS APPROPRIATE TO PROJECT A CHANGE IN DENSITY FOR A CERTAIN AREA ON THE MASTER PLAN, BUT THE PROPOSED DEVELOPMENT IS MULTI -FAMILY, WHICH CANNOT PUT IN SEPTIC TANKS AND MUST BE ON A SEWER SYSTEM, AND HE FELT TO GRANT THE REZONING WOULD BE TANTAMOUNT TO SAYING THIS IS WHERE THE AREA WILL GROW. HE FURTHER NOTED THAT THE BOARD HAS TO DETERMINE IF THERE IS ADDITIONAL CAPACITY. CHAIRMAN WODTKE ASKED ABOUT SEWER ALLOCATION, AND ATTORNEY COLLINS STATED THAT A DEFINITE SEWER ALLOCATION HAS NOT BEEN MADE, BUT HE BELIEVED THERE IS SUFFICIENT AVAILABLE TO MAKE AN ALLOCATION COMPARABLE TO THE WATER SERVICE. 30 J `fit' pie z 1 CHAIRMAN WODTKE POINTED OUT THAT THE BOARD HAS GONE ON RECORD AS STATING THAT THEY WILL SERVICE THIS AREA, COMMISSIONER SIEBERT NOTED THAT FIRST TO BE SERVED WILL BE THOSE ON THE PRESENT SYSTEM AND THEN HE BELIEVED ANY EXCESS CAPACITY SHOULD BE ALLOCATED TO SOME TYPE OF LOW COST HOUSING. COMMISSIONER SCHMUCKER ASKED WHETHER THIS ISN'T A LOW COST HOUSING PROJECT BY A PRIVATE DEVELOPER, COMMISSIONER SIEBERT NOTED THAT WE DO NOT KNOW ANYTHING ABOUT THIS PROJECT, HOW IT IS PROPOSED, OR THEIR RENTAL RATES. HE POINTED OUT THAT THE PRIME PREREQUISITE FOR FUNDING IS THE AVAILABILITY OF WATER AND SEWER. CHAIRMAN lODTKE QUESTIONED JUST HOW FAR WE CAN GO ON A ZONING REQUEST AND WHAT CAN WE REALLY AND TRULY CONSIDER BEFORE A MAN CAN GET TENTATIVE APPROVAL, I.E., ARE WE GOING TO SAY UNTIL HE HAS WATER AND SEWER HE CAN'T DO ANYTHING? COMMISSIONER SIEBERT NOTED THAT THE QUESTION IS WHETHER IT IS APPROPRIATE TO CONSIDER THE AVAILABILITY OF WATER AND SEWER WHEN CONSIDERING REZONING. HE FELT WE MUST CONSIDER THE HIGHEST AND BEST USE IN ACCORDANCE WITH PRESENT CONDITIONS, AND UNDER PRESENT CONDITIONS, THERE IS NO WATER AND SEWER, WHICH, IN HIS OPINION MAKES THIS A "NO-GO" PROJECT UNTIL THERE IS. COMMISSIONER SCHMUCKER BELIEVED THAT WATER GOES BY THIS PROPERTY, BUT COMMISSIONER SIEBERT POINTED OUT THAT THERE HAS BEEN NO PERMISSION FOR ANYBODY TO HOOK ON YET. ASSISTANT PLANNER BERG NOTED THAT FROM A PLANNING STANDPOINT A PREREQUISITE OF A ZONING REQUEST WOULD BE THE AVAILABILITY OF WATER AND SEWER AS JUSTIFICATION FOR THE REQUEST. HE STATED THAT PLANNING FEELS THAT THE APPLICANT SHOULD HAVE MADE THE NECESSARY ATTEMPT TO DETERMINE THAT THESE SERVICES WOULD BE AVAILABLE AND THAT THERE WOULD BE NO ADDITIONAL COST IMPACT ON THE GENERAL PUBLIC. COMMISSIONER SIEBERT STATED THAT HE IS HOPING WHEN THE GIFFORD WATER & SEWER ADVISORY COMMITTEE DECIDES THEY HAVE ANY 31 ea 3.5 eac� 74 EXTRA CAPACITY THAT SOME OF IT WILL BE RESERVED FOR SOME TYPE OF STATE OR FEDERAL HOUSING ASSISTANCE. HE'FELT THIS DEVELOPER SHOULD HAVE TO COMPETE WITH EVERYBODY ELSE WHO MIGHT WANT TO DO THE SAME THING. COMMISSIONER LOY AGREED THAT THE FIRST CONSIDERATION IS THE PEOPLE ON THE EXISTING SYSTEM AND PEOPLE IN THE SAME AREA WHO WISH TO TIE ON AND THEN EXCESS CAPACITY SHOULD BE CONSIDERED. SHE DID NOT FEEL THAT THE COMMISSION IS IN ANY POSITION TO INDICATE TO ANYONE NEW ON THE SCENE THAT THERE WILL BE WATER AVAILABLE. • DISCUSSION CONTINUED, AND COMMISSIONER SCHMUCKER STATED THAT HE FELT IF THIS CAN BE DONE PRIVATELY RATHER THAN BY THE GOVERNMENT, IT WOULD BE PREFERABLE. HE NOTED THAT WHEN THE ZONING BOARD APPROVED THIS ZONING, THEY POINTED OUT THAT IT STILL HAS TO COME BACK FOR SITE PLAN APPROVAL. HE FELT THIS AT LEAST GIVES THE DEVELOPER A CHANCE TO WORK OUT HIS PROJECT, AND THERE IS NO STIPULATION THAT GOES WITH THIS STATING THAT WATER AND SEWER IS AVAILABLE. COMMISSIONER SOY POINTED OUT THAT IF THIS PROPERTY IS REZONED NOW, THE DEVELOPER MIGHT WELL COME BACK LATER AND STATE THAT WE REZONED HIS PROPERTY KNOWING HE NEEDED SEWER AND WATER AND, THEREFORE, MUST GIVE IT TO HIM. SHE CONTINUED THAT UNTIL WE CAN BE SURE OF OUR WATER SUPPLY, WE CANNOT EVEN BE SURE THERE IS GOING TO BE ANY EXCESS, CHAIRMAN WODTKE STATED THAT HE JUST LOOKS AT IT AS A REZONING REQUEST WHERE THE MASTER PLAN CALLS FOR MULTI -FAMILY DENSITY IN THE FUTURE. HE FELT THE UTILITY SITUATION IS SOMETHING THAT WE WILL HAVE TO DEAL WITH WHEN IT COMES BEFORE US, COMMISSIONER SIEBERT ASKED WHAT WOULD BE WRONG WITH WAITING, AND COMMISSIONER SCHMUCKER FELT THIS WOULD BE A FURTHER RESTRICTION AND THE GOVERNMENT WOULD BE CONTROLLING AND DETERMINING WHERE AND HOW THIS WILL GROW.. CHAIRMAN WODTKE EXPRESSED CONCERN THAT THE APPLICANT DID NOT CONSIDER THIS SERIOUS ENOUGH TO BE HERE TODAY, AND.COMMISSIONER SOY AGREED THAT IF SOMEONE IS GOING TO PUT IN 192 UNITS THEY OUGHT TO BE HERE TALKING TO THE BOARD. • 32 4 J U N 7 1978 eo'9K 35 FH -U^ 75 WILLIAM KOOLAGE NOTED THIS IS -MULTIPLE HOUSING, AND ASKED WHETHER IT WOULD BE CONSIDERED LOW COST HOUSING. HE STATED THAT IT BOTHERS HIM TO KNOW THAT WE HAVE A NEED FOR LOW COST HOUSING AND DO NOT KNOW IF THIS WILL ADDRESS ITSELF TO THAT NEED, CHAIRMAN WODTKE STATED THAT IT HAS BEEN INDICATED THAT THESE UNITS WILL BE IN THE $20,000 RANGE. COMMISSIONER SCHMUCKER NOTED THAT WITH TODAY'S COSTS THE ONLY LOW COST HOUSING WOULD HAVE TO BE SUBSIDIZED HOUSING, AND COMMISSIONER SIEBERT POINTED OUT THE ONLY WAY ANYONE CAN GET FEDERAL OR STATE ASSISTANCE IS WITH WATER AND SEWER. COMMISSIONER SCHMUCKER FELT THIS IS ELIMINATING FREE ENTERPRISE. ARGUMENT CONTINUED ON THIS POINT. COMMISSIONER SIEBERT STATED HIS POINT IS THAT YOU DON'T NEED THE ZONING UNTIL YOU ARE SURE YOU CAN PROVIDE THE SERVICES. COMMISSIONER LOY ASKED MR. BERG IF HE HAS HAD ANY COMMUNICATION WITH THESE DEVELOPERS. MR. BERG STATED THAT THEY WERE PRESENT AT THE FIRST PUBLIC HEARING AND HE BELIEVED MR. CIPRIANO OF C.& L DEVELOPMENT CORPORATION IS BUYING THE PROPERTY FROM THE ANTHONYS. MR. BERG FELT IT SHOULD ALSO BE CONSIDERED THAT A PERSON RECEIVING THIS REZONING COULD TURN AROUND AND SELL THE PROPERTY TO ANYONE AS YOU HAVE NO ASSURANCE THAT THE APPLICANT WILL DO WHAT HE SAYS HE WILL DO. MR. BERG CONTINUED THAT THE PLANNING DEPARTMENT FEELS THIS IS A PROPER USE, BUT THAT IT IS PREMATURE BECAUSE OF THE PROBLEM OF.AVAILABILITY OF WATER AND SEWER, COMMISSIONER SIEBERT NOTED THAT WE ALWAYS.INTENDED TO USE ANY EXCESS CAPACITY FOR LOW COST HOUSING, AND COMMISSIONER SCHMUCKER FELT THAT THIS WAY THE GOVERNMENT'WILL PICK THE ONE WHO GETS IT. COMMISSIONER SIEBERT POINTED OUT THAT SOMEONE MUST DECIDE WHO GETS THE WATER COMMITMENT. COMMISSIONER LOY NOTED THAT IF WE HAD LOTS OF WATER AND LOTS OF SEWER, THERE WOULD BE NO PROBLEM, BUT WE ARE NOT IN THAT POSITION AT THIS POINT. 33 J UN 71978 35 Pain 78 CHAIRMAN WODTKE AGREED THAT WE ARE LIMITED TO OUR PRESENT WATER SUPPLY, AND IN THE PRESENT PROGRAM THERE IS NO MONEY FOR EXPANSION OF THE SEWER SYSTEM. HE NOTED THAT WE DO NOT KNOW HOW RESTRICTED WE WILL BE AND WHETHER WE CAN SERVE CERTAIN CAPACITIES, BUT STATED WE CANNOT TAKE THIS AWAY FROM EXISTING HOME OWNERS. COMMISSIONER SIEBERT NOTED THAT A SURVEY IS BEING CONDUCTED, AND IT WAS INDICATED TO US THAT AFTER IT WAS DETERMINED WHO WANTED TO HOOK ON, THEN THE USE OF THE EXCESS COULD BE DECIDED UPON. HE i FELT ANYONE WHO DOES NOT TIE ON TAKES A RISK OF NOT BEING ABLE TO LATER. COMMISSIONER LOY DID NOT BELIEVE WE CAN APPROVE A PROPOSAL THIS LARGE UNTIL WE KNOW THE WATER AND SEWER WILL BE AVAILABLE TO THEM. THE CHAIRMAN CALLED FOR THE QUESTION ON THE MOTION TO DENY THE REZONING TO R -2C. COMMISSIONERS DEESON, LOY AND SIEBERT VOTED IN FAVOR. COMMISSIONER SCHMUCKER AND CHAIRMAN WODTKE VOTED IN OPPOSITION. THE MOTION CARRIED. ATTORNEY COLLINS REQUESTED THAT AN EMERGENCY ITEM BE ADDED TO THE AGENDA IN ORDER TO CONSIDER FILING MAINTENANCE MAPS TO i SOLVE SOME U.D.U. EASEMENT PROBLEMS. ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADDED TO TODAY'S AGENDA THE EMERGENCY ITEM REQUESTED BY ATTORNEY COLLINS. RICHARD VOTAPKA OF BEINDORF & ASSOCIATES PRESENTED MAPS FOR THE BOARD TO REVIEW. ATTORNEY COLLINS EXPLAINED THAT MR. VOTAPKA HAS BEEN s WORKING CONTINUOUSLY FOR ABOUT TWO WEEKS TRYING TO ESTABLISH THE RIGHTS—OF—WAY FOR THE VARIOUS UTILITY LINES IN THE U.D.U. FRANCHISE AREA AND HAS PINPOINTED SOME PROBLEM AREAS. IT DOES APPEAR THAT IN THESE AREAS THE COUNTY AT SOME TIME HAS MAINTAINED AND CONSTRUCTED ROADS, HE STATED ENGINEERS BEINDORF AND VOTAPKA, IN ' i CONJUNCTION WITH ADMINISTRATOR .KENNINGS, HAVE PREPARED THREE SEPARATE MAINTENANCE MAPS, WHICH, TO A GREAT EXTENT, CURE THE PROBLEMS AS TO THE UTILITY EASEMENTS. I I a .34 1 JUN 71978 HOK 35 PAUL 77 MR. VOTAPKA THEN DESCRIBED TO THE BOARD THE AREA THE THREE MAPS COVER AS FOLLOWS: (A) PORTIONS OF 47TH STREET LYING BETWEEN PINEVIEW PARK SUBDIVISION AND 28TH AVENUE IN GIFFORD: (B) A PORTION OF 34TH COURT FOR AN APPROXIMATE DISTANCE OF 726' SOUTH OF 45TH STREET IN GIFFORD; AND (C) PART OF 24TH COURT AND PART OF 25TH AVENUE LYING NORTH OF 42ND STREET IN GIFFORD. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESQN, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN AND THE ADMINISTRATOR TO SIGN EACH OF THE THREE MAINTENANCE MAPS AS DESCRIBED BY RICHARD VOTAPKA. ADMINISTRATOR KENNINGS REVIEWED THE FOLLOWING PAVING LIST FOR 1978 WITH THE BOARD. 1978 PAVING LIST 19th Street between 43rd and 45th Avenue S.R. 60 to 19th Street on 44th Avenue All streets in Golf Acres Subdivision (Cruze) All streets in Albrecht Groves Subdivision Ord Avenue between N. Gifford (45th Street) and S.R. 60 South Winter Beach Road between Kings Highway and F.E.C,R.R. North Winter Beach Road between F.E.C. and Kings Highway All streets in Indian River Highlands Subdivision Cherrywood Subdivision 15th Street between 6th Avenue and 5th Court-'Rockridge Additional intersections (k mi. +� 12th Street between U.S. #1 and Old Dixie Highway Complete Bike Path - 43rd Avenue between N. & S. Gifford Road 35 800K 35 PAGE 18 I COMMISSIONER SCHMUCKER ASKED IF 43RD AVENUE BETWEEN NORTH GIFFORD ROAD AND S.R. 60 IS CRITICAL. ADMINISTRATOR JENNINGS SAID HE FELT IT MAY NOT BE CRITICAL, BUT THAT IT SHOULD BE DONE WITHIN THE YEAR, COMMISSIONER SIEBERT ASKED IF THE ADMINISTRATOR FELT HE COULD DD ALL THE PROJECTS LISTED. ADMINISTRATOR .JENNINGS FELT EVERYTHING THAT IS ON THE LIST.NOW CAN BE DONE AND BELIEVED IT WOULD TAKE BETWEEN $140,000 AND $150,000. • COMMISSIONER DEESON NOTED THAT THE OLD ROAD IN SEBASTIAN NORTH OF VICKERS ROAD WHICH GOES OVER TO S.R. 512 IS DETERIORATING VERY BADLY. HE STATED THAT IT IS ABOUT A MILE AND A QUARTER LONG AND IS A NARROW ROAD. THE ADMINISTRATOR AGREED THAT THIS ROAD (BUTTERMILK ROAD) HASN'T HAD ANY WORK DONE ON IT IN TEN YEARS. COMMISSIONER LOY ASKED IF SOME OF THE SUBDIVISION STREETS SHOULD BE AT THE TOP OF THE LIST IN ORDER TO KEEP UP WITH THE SUBDIVISION PAVING PROGRAM. THE ADMINISTRATOR NOTED THAT THE LIST IS NOT NECESSARILY IN A PRIORITY ORDER. COMMISSIONER LOY STATED THAT SHE IS'PLEASED THAT THE BOARD AT THE PREVIOUS MEETING HAD ALREADY CHOSEN THE BICYCLE PATH ON 43RD AVENUE BETWEEN NORTH AND SOUTH GIFFORD ROAD AS OUR NUMBER ONE PRIORITY SO THAT WE NOW CAN RESPOND AFFIRMATIVELY TO THE SCHOOL BOARD'S REQUEST. SHE FELT THE WIDENING OF 16TH STREET MIGHT INVOLVE ENOUGH THAT SOME OF THE SUBDIVISION STREETS MIGHT HAVE TO BE CUT OUT. ADMINISTRATOR JENNINGS AGREED THAT SOME OF THE SUBDIVISIONS MIGHT HAVE TO BE DROPPED IN ORDER TO DO 16TH STREET AND FELT WE SHOULD TAKE THIS UP WITH THE CITY ONCE MORE AND SEE IF THEY WILL MOVE THE MANHOLES AND METER BOXES, ETC. COMMISSIONER LOY NOTED THAT THIS IS THE ANNUAL PAVING LIST AND FELT THE WIDENING OF 16TH STREET MIGHT NOT FIT IN THAT CATEGORY. SHE AGREED WE SHOULD CONTACT THE CITY ON THIS AND FELT WE SHOULD HOLD THIS LIST MAINLY TO PAVING. F _JUN 7 197 Pa ADMINISTRATOR .JENNINGS STATED THAT HE WOULD PUT THE -BICYCLE PATH FIRST; 12TH STREET BETWEEN U.S. 1 & OLD DIXIE SECOND; 16TH STREET AND BUTTERMILK ROAD IN SEBASTIAN NEXT ON THE LIST AND THEN CONTINUE DOWN THE LIST AS FAR AS THE MONEY GOES, IF THE BOARD DESIRES. COMMISSIONER SIEBERT FELT THIS WOULD BE SATISFACTORY, AND THE BOARD AGREED. CHAIRMAN Vl'ODTKE STATED THAT HE WILL WRITE SUPERINTENDENT MCCLURE A LETTER ABOUT THE BICYCLE PATH. • ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT HE RECEIVED A LETTER FROM SUMMERPLACE REQUESTING THAT WHEN WE FENCE WABASSO BEACH PARK, SIGNS BE PUT UP DELINEATING THE NORTHERN AND SOUTHERN BOUNDARIES OF THE PARK ON THE BEACH SIDES. ADMINISTRATOR JENNINGS NOTED THAT THEY WANTED THE SIGN TO STATE THE END OF THE PUBLIC BEACH, BUT HE INFORMED THEM THAT THE PUBLIC BEACH ACTUALLY EXTENDED ALL THE WAY UP AND DOWN THE COUNTY. THEY THEN CHANGED THEIR REQUEST AND ASKED THAT WE JUST STATE THE LIMITS OF THE PARK. THE BOARD HAD NO OBJECTION TO SUCH SIGNS, BUT IT WAS AGREED THAT THE SIGNS SHOULD NOT BE PUT UP UNTIL THE FENCE IS INSTALLED. ATTORNEY COLLINS NOTED THAT OVER A YEAR AGO, THE COUNTY FILED A LIEN ON PROPERTY OF VIOLA FOSTER, DECEASED. HE INFORMED THE BOARD THAT WE WERE PAID IN FULL SOME TIME AGO AND HAVE JUST GOTTEN A SATISFACTION OF LIEN, WHICH SHOULD BE SIGNED BY THE CHAIRMAN. ON.MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN'S SIGNATURE ON SATISFACTION OF LIEN ON THE PROPERTY OF VIOLA A. FOSTER, DECEASED. 37 BOOK 35 PAGE �II SATISFACTION of LIEN KNOW ALL ME BY THESE PRESENTS: That INDIAN RIVED. COUNTY, FLORIDA, A Political Subdivision of the State of Florida, the owner and holder of a certain LIEN executed by VIOLA A. FOSTER to INDIAN RIVER COUNTY,FLORIDA, A Political Subdivision of the State of Florida bearing date the 19th day of September, A.D. 1968, recorded in Official Redords Book 295, page 381, in the office of the Clerk of the Circuit Court of Indian River County, State of Florida, securing certain sums of money and reaffirmed as a LIEN recorded on May 23, 1969 in Official Records Book 317, page 154, in the office of the Clerk of the Circuit Court of Indian River County, State of Florida, hereby acknowledges full payment and satisfaction of said LIEN and surrenders the same as cancelled, and hereby directs the Clerk of the said Circuit Court to cancel the same of record. WITNESS hand and seal, this 7th day of June , A.D. 1978. BOOK 35 PAOF 81 INDIA14 RIVER COUNTY, FLORIDA, Signed, Sealed and Delivered A Political Subdivision of in the Presence of: the State of Florida, By: Wtiliam C. Wodtkd, Chairman. }: Indian River County, Florida, Board of County Commissioners STATE OF FLORIDA ) COUIQTY OF INDIAN RIVER) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid, to take acknowledgements, personally appeared WILLIetii C. WODTKE, Chairman, Indian River County, Florida, Board of County Commissioners, to me knoxm to be the Person described in and who executed the foregoing instrument and he acknowledged before rue that he executed -the same. Witness my hand and official seal in the County and State last aforesaid this 7e1 day of June,1978. This -Instrument- prepared by: Miles 13. blank II, Attorney �2 `'-�.���ittV --T5 2001 Vinth Avenue -Suite 210J ci' State or l� lbrida Vero Beach, Florida Iiy commission expires:�'t!�l�i$ e BOOK 35 PAOF 81 i IN THE CIRCUIT COURT OF THE NINETEENTH JUDICIAL CIRCUIT IN AND FOR INDIAN RIVET COUNTY, FLORIDA ! 1 CIVIL ACTION NO.77-174 1 INDIAN RIVER COUNTY, FLORIDA, A Political Subdivision of the State of Florida Plaintiff, `. VS. MARIE GRIFFIN FRANKCUM, et al. Defendants. Comes now the Plaintiff, INDIAN RIVER COUNTY, FLORIDA, A Political Subdivision of the State of Florida, by and through its undersigned attorney, and enters its voluntary dismissal with prejudice of the above cause. I � GEORGE LIDINS, JR. Collins, Brown & VanDeVoord Evans & 1b Manning ! of 744 Beachland Blvd. # , Vero Beach, Florida 32960 Attorney for Plaintiff ;t M � i JUN 7 1978 ATTORNEY COLLINS ASKED THAT THE BOARD GIVE SOME CONSIDERATION TO CHARGING A FRANCHISE FEE FOR CABLEVISION. HE FELT THE COUNTY HAS AUTHORITY UNDER THEIR FRANCHISE WITH CABLEVISION TO CHARGE SUCH A FEE, WHICH WOULD BE 3%. HE NOTED THIS .IS STANDARD.PRACTICE THROUGHOUT THE COUNTRY. HE ASKED THAT THE BOARD INFORM HIM1 IF THEY WISH TO GIVE THIS ANY CONSIDERATION.AND HE WILL PUT IT ON THE AGENDA AS A FORMAL ITEM. ATTORNEY COLLINS REPORTED THAT WE ARE JUST ABOUT READY TO CLOSE ON THE PURCHASE OF URBAN DEVELOPMENT UTILITIES' ASSETS AND STATED THAT HE HAS PREPARED A RESOLUTION. THE RESOLUTION, HOWEVER, DOES NOT STATE THAT THE FUNDS WILL COME OUT OF REVENUE SHARING, AND HE FELT THERE SHOULD BE A MOTION TO THAT AFFECT. HE NOTED THAT THE RESOLUTION REFERS TO THE POSSIBILITY OF ENTERING INTO AN ESCROW AGREEMENT, AND THIS IS BECAUSE OF A TITLE PROBLEM THAT HAS ARISEN. ATTORNEY COLLINS CONTINUED THAT HE HAS DISCUSSED THIS WITH FHA, AND THEY ARE AGREEABLE TO ESCROWING $45,000 PURSUANT TO THE TERMS OF THE PROPOSED ESCROW AGREEMENT. HE NOTED THAT THERE WERE A FEW MINOR CHANGES IN THE AGREEMENT WHICH, TO HIS MIND, DID NOT MAKE ANY MAJOR CHANGE IN THE INTENT. THE ATTORNEY STATED THAT HE WILL NEED AUTHORITY FOR A LAWSUIT TO CLEAR UP THE TITLE PROBLEM AND PASSAGE OF THE RESOLUTION TO AUTHORIZE THE PURCHASE. COMMISSIONER SCHMUCKER INQUIRED IF THE ESCROWED AMOUNT HAD _TO BE SUCH A SIZEABLE SUM OR WHETHER $10,000 WOULD COVER IT. ATTORNEY COLLINS EXPLAINED THAT THE ALLEGATION IS THAT THE MORTGAGE HAD A VALUE OF $45,000 SO WHAT WE ARE DOING IS COVERING THE COUNTY'S INTEREST TO THE OUTSIDE LIMIT. CHAIRMAN WODTKE NOTED THAT IT IS IMPORTANT THAT WE GET THIS PURCHASE CLOSED BECAUSE WE WILL HAVE A REPORT FROM MR. BEINDORF A WEEK FROM FRIDAY ON THE BIDS RECEIVED AND WE SHOULD BE IN A POSITION WHERE WE HAVE SIGNED THE AGREEMENT SO WE CAN START ON THE RENOVATION PROGRAM. i' ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO FILE SUIT TO CLEAR UP THE TITLE PROBLEM IN REGARD TO PURCHASE OF THE U.D.U. ASSETS. JUN 71978 BOOK 35 FAQ,- 93 i ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY ACCEPTED IN PRINCIPLE THE MANNER OF CLOSING AND APPROVED THE ESCROW AGREEMENT, SAID AGREEMENT WILL BE MADE A PART OF THE MINUTES WHEN FULLY EXECUTED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 78-44 AND AUTHORIZED THE FUNDS FOR THE PURCHASE TO BE TAKEN FROM FEDERAL REVENUE SHARING FUNDS. ' t 40 �l7JK 35 PAOlk,7 84 RESOLUTION NO. 78-44 WHEREAS, INDIAN RIVER COUNTY has contracted to purchase all of the assets of URBAN DEVELOPMENT UTILITIES, INC. for a cash payment of SEVENTY FIVE THOUSAND DOLLARS ($75,000.00), plus reasonable and necessary expenses; and WHEREAS, because of certain title defects it may be necessary to escrow FORTY FIVE THOUSAND DOLLARS ($45,000.00) until such time as the title defects are corrected; and WHEREAS, it is in the best interests of the people of Gifford and of Indian River County to proceed with the closing as expeditiously as possible; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the Board authorizes its appropriate County Officials to sign necessary documents to consummate the closing of the purchase of URBAN DEVELOPMENT UTILITIES, INC. assets pursuant to that Contract between the parties; and BE IT FURTHER RESOLVED, That the Chairman is authorized to escrow such funds as are necessary in order to consummate the transaction yet protect the interests of the County. Said Resolution shall become effective as of the 7th day of June , 1978. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA. By Q �' William C. Wodtke,. r., Chairman Attest: Freda Wright, C]6rk rA JUN 7 197 goo 35 Fac; ATTORNEY COLLINS NEXT REPORTED THAT A MOTION WAS FILED IN THE MID FLORIDA RATE CASE FOR A REHEARING, WHICH IS THE NEXT STEP IN THE PROCESS AND ALSO FOR PURPOSES OF CLARIFICATION. BASICALLY, THE POINTS INVOLVED IN THE MOTION WERE THE SETTING OF A TIME FRAME WITHIN WHICH THE COUNTY SHOULD DO THE VARIOUS THINGS WHICH THE COURT OUTLINED SHOULD BE DONE. HE NOTED THAT AN ATTEMPT WAS MADE TO HAVE THE RATE INCREASE ESTABLISHED NOW WITH A BOND WHICH WOULD PROVIDE, IF THE FINAL DECISION WERE TO KEEP THE SAME RATES, THAT THE INCREASES COLLECTED IN THE TIME PERIOD BEFORE THE ULTIMATE OUTCOME OF THE CASE WOULD BE PAID BACK. THE ATTORNEY CONTINUED THAT ALL PARTIES AGREED THAT SOME TIME FRAME SHOULD BE ESTABLISHED AND THE COURT SET DECEMBER IST AS THE DATE BY WHICH THE COUNTY MUST HAVE HELD ITS FINAL HEARINGS AND ISSUED THE FINDINGS OF FACT AND CONCLUSIONS. HE REPORTED THAT THE COURT REJECTED THE IDEA OF AN INCREASE IN THE RATES NOW WITH A BOND TO BACK IT UP, AND THE RATES WILL NOT CHANGE UNTIL SUCH TIME AS THE CASE IS ULTIMATELY DECIDED. COMMISSIONER SIEBERT ASKED IF A RATE INCREASE COULD BE RETRO -ACTIVE, AND THE ATTORNEY STATED THAT IT COULD NOT, ATTORNEY COLLINS INFORMED THE BOARD THAT THE COURT REJECTED MID FLORIDA'S POSITION AND HELD THAT THE COUNTY HAS THE AUTHORITY TO REQUIRE THAT THE WATER MEET CERTAIN STANDARDS. HE STATED THAT -HE FEELS WE ARE ON COURSE, AND NOTED THAT HE IS NOW INVOLVED IN THE WORKING UP OF RULES.AND PROCEDURES AND THE GATHERING OF THE NECESSARY INFORMATION IN CONJUNCTION WITH COMMISSIONER DEESON. COMMISSIONER Loy STATED THAT SHE HAD HOPED TO HAVE SOME FINALIZED FIGURES ON REVENUE SHARING MONIES THAT SHOULD BE ALLOCATED BY THE 30TH OF JUNE, BUT MORE TIME IS NEEDED FOR FURTHER CHECKING AND THIS WILL BE CONSIDERED AT THE NEXT MEETING. COMMISSIONER Loy CONTINUED THAT SHE FELT WE SHOULD GIVE SOME CONSIDERATION TODAY TO THINKING ABOUT THE PROPOSED PURCHASE OF THE HOSPITAL AND HOSPITAL PROPERTIES, AND SHE WOULD LIKE TO RECOMMEND THAT WE AUTHORIZE THE ADMINISTRATOR TO CONDUCT A SPACE.NEEDS SURVEY AMONG ALL OF THE COUNTY COMMISSION DEPARTMENTS AND ELECTED OFFICIALS IN ORDER TO OBTAIN BASIC 42 BOOK 35 PAGE 85 JUN 71978 a INFORMATION AS TO NEEDS AND REQUIREMENTS BOTH FOR THE IMMEDIATE PRESENT AND THE NEXT THREE TO FIVE YEARS. SHE FELT IT IS IMPORTANT THAT WE DETERMINE OUR OWN NEEDS BEFORE CONTACTING ANY OTHER AGENCIES. SHE ALSO FELT THAT THE BOARD SHOULD AUTHORIZE THE ADMINISTRATOR AND CHAIRMAN TO EMPLOY SECURITY AND MAINTENANCE PEOPLE _BECAUSE THE MOVE TO THE NEW HOSPITAL IS PLANNED FOR SOMETIME IN .JULY AND WE DO NOT WANT THE OLD BUILDING TO STAND DESERTED. CHAIRMAN VIODTKE INFORMED THE BOARD THAT HE, THE ADMINISTRATOR AND ASSISTANT ADMINISTRATOR, THE ATTORNEY, THE CONSULTING ENGINEER, AND.SEVERAL MECHANICALLY AND TECHNICALLY ORIENTED PEOPLE FROM THE ROAD AND BRIDGE DEPARTMENT, TOURED THE HOSPITAL, AND DETERMINED THAT IT IS AN EXTREMELY COMPLEX STRUCTURE CONTAINING ELEVATORS AND INTRICATE AIR CONDITIONING AND STEAM SYSTEMS, ETC, HE FELT THAT IT IS AN ABSOLUTE NECESSITY TO EMPLOY SOMEONE TO WORK WITH THE CREWS THAT ARE THERE NOW TO LEARN THESE SYSTEMS SO WHEN WE DO TAKE OVER THE HOSPITAL, WE WILL BE PREPARED. HE AGREED THAT SECURITY IS ALSO A VERY IMPORTANT ITEM. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER 0 SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO CONDUCT A SPACE NEEDS SURVEY TO BE PROJECTED OVER A FIVE YEAR PERIOD AMONG ALL COUNTY COMMISSION DEPARTMENTS AND ELECTED i OFFICIALS. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN AND THE ADMINISTRATOR TO EMPLOY PERSONNEL AS THEY DEEM NECESSARY TO MAINTAIN AND PROTECT THE HOSPITAL BUILDING AND EQUIPMENT. � CHAIRMAN WODTKE ANNOUNCED THAT A PUBLIC HEARING ON AN ORDINANCE WHICH SETS THE RATES FOR THE COUNTY.WATER AND SEWER CHARGES FOR U.D.U. HAS BEEN SET FOR THE MEETING OF ,JUNE 21ST AT 11:15 A.M. HE CONTINUED THAT THE GIFFORD MATER AND SEWER ADVISORY COMMITTEE UNANIMOUSLY REQUESTED THAT THIS.HEARING BE SCHEDULED AT A TIME WHEN THEY COULD BE IN ATTENDANCE AND WISHED TO HAVE IT HELD AT 7:30 P.M. INSTEAD OF 11:30 A.M. HE NOTED THAT THE HEARING ALREADY HAS BEEN ADVERTISED FOR 11:15 A.M., BUT HE FELT WE COULD 43 JUN 71978 800K 35 me 87 EITHER ADJOURN THE HEARING UNTIL 7:30 P.M., HEAR IT AT 11:15 A.M., OR RESCHEDULE IT, i i AFTER SOME DISCUSSION, IT WAS AGREED TO OPEN THE HEARING AT 11:15 A.M. AND THEN CONTINUE IT UNTIL 7:30 P.M. THE BOARD REQUESTED THE ASSISTANCE OF THE PRESS TO MAKE THE PUBLIC AWARE OF THIS SITUATION. CHAIRMAN WODTKE NOTED THAT WE NOW HAVE RECEIVED THE REPORT FROM LLOYD & ASSOCIATES ON A LOCATION FOR HOOKING THE U.D.U. WASTE WATER INTO THE CITY FLOW SYSTEM. THE CHAIRMAN SUGGESTED THAT, IN THE ESSENCE OF TIME, WE SHOULD HAVE SOME DISCUSSION ON THIS AND MAKE A DECISION AS TO WHAT WE WANT TO'ASK THE ENGINEERS TO DO NEXT SO WE CAN MAKE AN OFFICIAL REQUEST OF I THE CITY OF VERO BEACH TO PROCEED IN SOME MANNER. HE FELT j 4 I POSSIBLY WE SHOULD BY RESOLUTION AUTHORIZE THE ENGINEER AND ADMINISTRATOR TO NEGOTIATE WITH THE CITY. ADMINISTRATOR JENNINGS ASKED IF THE BOARD WOULD BE AGREEABLE TO HAVING HIM, ALONG WITH MR. BEINDORF AND THE CHAIRMAN OR A COMMISSIONER, TAKE A COPY OF THIS REPORT TO CITY !`MANAGER LITTLE, AND ASK HIM TO REVIEW IT WITH THE CITY; THEN HAVE A WORKSHOP MEETING AND BRING SOME SUGGESTIONS.BACK TO THE BOARD BEFORE.-,..... GOING INTO NEGOTIATIONS, l l CHAIRMAN l�10DTKE STATED THAT HE WOULD LIKE TO GET SOMETHING MOVING AND NOT GET BOGGED DOWN. HE SUGGESTED THAT THIS MATTER BE DISCUSSED AT THE SPECIAL MEETING TO BE HELD ON FRIDAY, :TUNE 16TH, AND THE BOARD AGREED. COMMISSIONER LOY BROUGHT UP THE SUBJECT OF ESTABLISHING RECOMMENDED GUIDELINES FOR SALARY INCREASES, MERIT INCREASES, ETC., FOR THE COMING YEAR IN ORDER TO AID THE VARIOUS DEPARTMENTS IN PREPARING THEIR BUDGETS. SHE NOTED THAT WE DON'T HAVE TOO MUCH AUTHORITY OR CONTROL WHERE ELECTED OFFICIALS ARE CONCERNED, BUT BELIEVED MOST OF THEM ARE COOPERATIVE AND WOULD LIKE TO HANDLE THEIR BUDGETS IN THE SAME WAY, COMMISSIONER LOY THEN WENT ON TO DISCUSS ANNIVERSARY DATES, PAY PLANS, MERIT AND COST OF LIVING INCREASES, 44 JUN 719788co x 35 PAUr 88 COMMISSIONER SIEBERT STATEDTHAT HE HAS GIVEN THIS MATTER SOME THOUGHT AND WITH THE WAY THE COST OF LIVING HAS GONE THIS YEAR, HE WOULD LIKE TO SUGGEST THAT WE SIMPLY RECOMMEND AN ACROSS THE BOARD COST -OF -LIVING INCREASE, WITH NO MERIT INCREASES AND ALSO NO STEP INCREASES UNLESS THEY ARE FULLY DOCUMENTED. HE POINTED OUT THAT IF WE PROVIDE MERIT INCREASES, THE PEOPLE WHO DON'T GET THEM WON'T COME ANYWHERE NEAR KEEPING UP WITH THE RISE IN THE COST OF LIVING. COMMISSIONER LOY NOTED THAT THE BOARD HAS ALWAYS TRIED TO DO THE BEST THEY CAN FOR THEIR EMPLOYEES AS EVIDENCED BY,THE ADDITION TO THE HEALTH INSURANCE APPROVED THIS MORNING, WHICH SHE FELT THESE DAYS IS PARTICULARLY IMPORTANT AND MUST BE CONSIDERED. SHE AGREED WITH COMMISSIONER SIEBERT'S SUGGESTED APPROACH, WHICH SHE FELT WOULD HELP EVERYBODY AND PROPOSED A 6% COST -OF -LIVING INCREASE FOR CONSIDERATION. PERSONNEL DIRECTOR DONLON INFORMED THE BOARD THAT HE HAS MADE A COMPARISON STUDY OF BUSINESSES WE ARE IN COMPETITION WITH FOR OUR WORKERS. HE THEN DISCUSSED .IN DETAIL HOURLY RATES FOR STARTING PAY PAID BY THE CITY OF VERO BEACH, LOCAL CONSTRUCTION, AND PIPER AIRCRAFT, AND CONCLUDED THAT IF THE COUNTY INSTITUTED A 10% INCREASE AS OF TODAY, IT WOULD ONLY BRING US EVEN WITH THE CITY RIGHT NOW. HE NOTED THAT WE ARE BEHIND EVERYONE ELSE AND FALLING FURTHER BEHIND EVERY YEAR. COMMISSIONER SCHMUCKER FELT PART OF THE PROBLEM IN.THE COUNTRY NOW IS THAT THE BOTTOM PAY GRADE IS NOT SUFFICIENT TO LURE PEOPLE OFF UNEMPLOYMENT AND FOOD STAMPS. COMMISSIONER SIEBERT AGREED THAT THE PAY GRADES SHOULD BE ANALYZED EVERY YEAR OR SO, BUT DID NOT FEEL THEY SHOULD BE CONSIDERED AT THIS TIME BECAUSE WE CAN'T AFFORD A COST -OF -LIVING INCREASE AND A PAY GRADE INCREASE AT THE SAME TIME. COMMISSIONER LOY FELT THERE MAY COME A TIME WHEN WE WILL HAVE TO DROP THE FIRST STEP IN STARTING SALARIES AND START AT THE SECOND PAY GRADE. JUN 71978 45 POOK 35 PAGE 83 ADMINISTRATOR JENNINGS AGREED THAT THE PAY GRADE SITUATION CAN BE TAKEN CARE OF DURING THE YEAR, AND SUGGESTED THAT THE BOARD JUST CONSIDER THE COST -OF -LIVING INCREASE AT THIS TIME. HE FELT MOST EMPLOYEES ARE PRETTY WELL IN THEIR PROPER GRADES AND CHANGES CAN BE CONSIDERED WHEN THEY ARE MERITED. THE BOARD CONTINUED TO DISCUSS SUGGESTED PERCENTAGES FOR THE COST -OF -LIVING INCREASE RANGING FROM 5% TO 7%. INTERGOVERNMENTAL COORDINATOR THOMAS POINTED OUT THAT IF YOU HAVE SOMEONE EARNING $10,000 AND SOMEONE EARNING $16,000, THE ONE EARNING THE LARGER AMOUNT GETS A LARGER INCREASE EVEN THOUGH THEY BOTH MAY HAVE THE SAME EXPENSES. COMMISSIONER SIEBERT BROUGHT UP THE POSSIBILITY OF SETTING AN ARBITRARY FIGURE OF $15,000, AND EVERYONE EARNING OVER THAT WOULD GET A 5% INCREASE AND ANYONE EARNING LESS WOULD GET A 7% INCREASE. IT WAS GENERALLY FELT THIS WOULD BE ALMOST IMPOSSIBLE TO ADMINISTER. DISCUSSION FOLLOWED ON THE VALUE OF WORKMEN'S COMPENSATION, FRINGE BENEFITS, ETC, COMMISSIONER SIEBERT STATED THAT HE WOULD BE WILLING TO ACCEPT A FIGURE OF 6% IF WE COULD AGREE THAT, IF THERE IS ANY WAY POSSIBLE, WE WILL SET ASIDE SOME EXTRA FUNDS -IN THE BUDGET AND COMMIT OURSELVES TO MAKING A MID -YEAR PAY GRADE ANALYSIS WITH POSSIBLE MID -YEAR ADJUSTMENTS IN PAY GRADES. COMMISSIONER Loy STATED SHE WOULD HAVE NO PROBLEM WITH A COMMITMENT TO A RE-EVALUATION, BUT DID NOT FEEL THE MONEY COULD BE SET ASIDE. CHAIRMAN WODTKE DID NOT FEEL IT WOULD BE WISE TO LET OUR EMPLOYEES THINK THERE MIGHT BE RAISES AT MID YEAR. COMMISSIONER.SCHMUCKER AGREED THAT WE COULD TAKE THIS UP AGAIN LATER IN THE YEAR TO DETERMINE IF THERE IS A PROBLEM, BUT DID NOT FEEL THAT IT SHOULD BE MADE MANDATORY, AFTER FURTHER DISCUSSION, THE BOARD AGREED TO RECOMMEND A 6% COST OF LIVING INCREASE, BUT NO MERIT INCREASES AND NO STEP INCREASES UNLESS FULLY DOCUMENTED. 46 JUN 7197a Boa 35 FAc CHAIRMAN WODTKE STRESSED THAT THIS IS ONLY A RECOMMENDATION AND WHEN THE BUDGETS ARE RECEIVED, WE HOPE WE WILL HAVE THE MONEY TO APPROVE THE 6% INCREASE. ADMINISTRATOR JENNINGS REPORTED THAT HE HAS RECEIVED A CALL FROM MABON SNELL OF THE GIFFORD JAYCEES IN REGARD TO PUTTING A COLLECTOR BOX IN THE GIFFORD AREA. THE ADMINISTRATOR CONTINUED THAT HE HAS CHECKED ON THIS MATTER AND DETERMINED THAT A 30 CUBIC YARD BOX WOULD COST ABOUT $2,200. HE ASKED IF THE BOARD WOULD CONSIDER LETTING HIM ORDER SOME OF THESE AND ALSO PUT ONE AS A TEST AT THE FELL SMERE LOCATION TO DETERMINE WHETHER PEOPLE WILL USE THEM OR NOT. HE FELT THAT IT WOULD BE GOOD TO GIVE THIS A TRIAL BEFORE SPENDING $20,000 TO $30,000 ON A COLLECTOR STATION. COMMISSIONER LOY AGREED THIS MIGHT BE A GOOD PROJECT TO SEE IF WE ARE GOING IN THE RIGHT DIRECTION BEFORE WE BUILD THE PERMANENT ONES. SHE NOTED THAT WE CAN ALWAYS USE THEM IF THIS DOESN'T WORK OUT, MOTION WAS MADE BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER Loy, TO AUTHORIZE THE ADMINISTRATOR TO ORDER TWO OF THE DESCRIBED COLLECTOR BOXES WITH THE INTENTION THAT ONE WILL BE PLACED IN THE FELLSMERE AREA AND ONE IN THE GIFFORD AREA. CHAIRMAN WODTKE FELT THESE SHOULD BE PLACED ON COUNTY PROPERTY, COMMISSIONER SCHMUCKER NOTED THAT:THERE HAVE BEEN COMPLAINTS ABOUT PEOPLE DUMPING IN GROVES AROUND THE OSLO AREA. HE CONTINUED THAT AT ONE TIME HE HAD SUGGESTED PUTTING ONE COLLECTION BOX OUTSIDE THE SANITARY LANDFILL GATE FOR WHEN PEOPLE GO OUT THERE AND FIND THE GATES CLOSED, DISCUSSION CONTINUED ON THIS SUBJECT AND ASSISTANT ADMINISTRATOR NELSON NOTED THAT OUR. LITTER OFFICER HAS JUST COMPLETED HIS TRAINING AND ALREADY HAS MADE A FEW ARRESTS. HE SUGGESTED THAT HE BE PUT ON THE NEXT AGENDA TO MAKE A REPORT. MR.. NELSON DID NOT FEEL PUTTING OUT MORE COLLECTOR BOXES WILL SOLVE THIS PROBLEM, 47 JUN 7 1978 POOK 35 PAjF gi THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. COMMISSIONER SCHMUCKER REPORTED THAT HE HAS HAD REQUESTS FROM BUSINESS PEOPLE ON U.S. 1 SOUTH OF THE CITY LIMITS - RUSSELL CONCRETE AND ARNOLD FORD - ASKING IF WE WOULD HAVE A SPEED STUDY DONE ON U.S. 1 FROM 18TH STREET DOWN TO 12TH STREET. ADMINISTRATOR KENNINGS NOTED THAT THE DOT HAS A STUDY IN PROGRESS NOW IN THIS GENERAL AREA, AND HE FELT THE REQUESTED SPEED STUDY COULD BE ADDED TO IT, COMMISSIONER Loy SUGGESTED THE SPEED STUDY BE EXTENDED DOWN TO 8TH STREET AND THAT A 35 M.P.H. SPEED LIMIT BE CONSIDERED. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO REQUEST THE DOT TO INCLUDE A SPEED STUDY OF U.S. I BETWEEN 8TH STREET AND 18TH STREET IN THEIR PRESENT STUDY. AGREEMENT WITH THE CITY OF VERO BEACH IN REGARD TO MAINTENANCE OF ALL TRAFFIC CONTROL DEVICES IN THE COUNTY, HAVING BEEN FULLY EXECUTED, IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF MAY 10, 1978. 48 BOOK 35 PACs A G R E E M E N T THIS AGREEMENT, Made and entered into the 10th day of -May , 1978, by and between,INDIAN RIVER COUNTY, a political subdivision of the State of Florida, and the CITY OF VERO BEACH, a municipal corporation of the State of Florida, their successors and assigns. WITNESSETH: 1. The City of Vero Beach agrees to maintain all traffic control lights in Indian River County upon the same basis as it has customarily performed in the past. Indian River County shall supply all the necessary materials for repair and the City of Vero Beach shall supply necessary personnel and repair equipment. The City of Vero Beach shall bill Indian River County for the services performed. 2. This Agreement may be terminated by either party by thirty(30) days' notice to the other. 3. All repairs performed by the City of Vero Beach shall be performed based on work orders issued by the County Administrator's office. IN WITNESS WHEREOF, the duly authorized officials of the COUNTY OF INDIAN RIVER, FLORIDA and the CITY OF VERO BEACH, FLORIDA, have executed this Agreement the day and year first above written. �COUNTY OF INDIAN �RI�VER _9 Attest: - By c livD4d Freda Wright,'Clezk William C. Wodtke,., Chairman Board of County Co issioners (SEAL) APP D AS TO FORM: orgeCollins, Jr./County Attorney CITY OF VERO BEACH Z Attest: �/ �� - By L' Caryl R. Stevens, Clerk Don C. Scurlock, (SEAL) Mayor APPROVED AS TO FORM: Thomas C. Palmer, City Attorney �ooK 35fac �� Jug ���� i AGREEMENT WITH GERAGHTY & MILLER, INC., IN RE GROUND WATER INVESTIGATION AT HOBART PARK, BEING FULLY EXECUTED, IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF MAY 101 1978. • f 1 0 JUN 71978 50 Boor 35 FacF 0 A G R E E M E N T i THIS AGREEMENT, made the /O =g day of 1yq6e 1978 by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", b. and GERAGHTY & MILLER, INC., a corporation doing business in Florida, hereinafter referred to as "GEOLOGIST", their heirs, successors and assigns. WITNESSETH For and in consideration of mutual promises, the parties agree as follows: 1. That Proposal dated April 1978, prepared by GEOLOGIST for COUNTY, entitled "Ground -Water Investigation at Hobart Park", is hereby incorporated by reference into this Agreement. 2. COUNTY hereby authorizes GEOLOGIST to proceed with the consulting services as described in the Proposal on Page 11. GEOLOGIST is authorized to prepare specifications, analyze data, and prepare the report which cost will not exceed SEVEN THOUSAND SIX HUNDRED DOLLARS ($7,600.00). GEOLOGIST to proceed with performing those tasks related to drilling and testing. The charge for this work, including expenses, is EIGHT THOUSAND SIX HUNDRED DOLLARS ($8,600.00). These charges will be on an hourly basis and, if the budgeted figure appears to exceed the amount shown above, the COUNTY will be advised in advance and no excess charges will be billed without authorization. Schedule of Fees for Professional Services for the hourly fee is included in the Proposal prepared by GERAGHTY & MILLER, INC., and will apply to the above engineering cost. 3. COUNTY hereby authorizes Item 1 as described on Page 7 of the Proposal, which Item has an estimated contractor's charge of FOUR THOUSAND TWO HUNDRED DOLLARS ($4,200.00). All parties understand and agree that by the limited. authorization of Item 1 only on Page 7 of the Proposal, GEOLOGIST'S fees, as outlined above, will be restricted below the not to exceed figure. •4. All billings by GEOLOGIST_to COUNTY shall be on a monthly basis and monthly COUNTY, through its Administrator or engineer, shall approve -future work to be performed by GEOLOGIST. JUN 719 78 35 PAGE 95 . _ ti► *.0; , - y a a.z ,Art i.-.-: - a -, . d ."'- '.,, : - .. s d - 7' 2 : Y• :., ;.: r .r,y .jfl . .,� .g2tn'�it7t •-•,.&.� ut''. +T.. .,:5; e- 4 : t` sra ^:<. S. The parties agree that this Agreement shall be amended in the future to include authorization for Items 2, 3 and 4 on page 7 of the Proposal, and such additional work as may be required to be performed by GEOLOGIST as outlined in the Proposal. 6. This Agreement may be terminated by either party upon thirty (30) dayswritten notice to the other. YN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of: INDIAN RIVER COUNTY ByIV 1r w' � �CI4PC.G Attest: r,, As County 41 GERAGHTY.&'MILLER, INC. BY )0 d4 -A VLL— Attest: As to Geologist E 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 JOS. 58213 - 58336 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 5:40 O'CLOCK P.M. ATTEST: CLERK CHAIRMAN a i j . r .. i r 53 JUN 7 197 �oo� 35 PAGE 97.