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Home My WebLink About7/19/1978t a a a WEDNESDAY, JULY 19, 1978 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON;WEDNESDAY, JULY 19, 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; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JEFFREY K. BARTON, FINANCE OFFICER; AND VIRGINIA HARGREAVES, DEPUTY CLERK. ABSENT WAS L. S. "Tommy" THOMAS, INTERGOVERNMENTAL COORDINATOR, WHO WAS ON VACATION. THE CHAIRMAN CALLED THE MEETING TO ORDER. ADMINISTRATOR JENNINGS LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND DON JORDON, OF GLENDALE BAPTIST CHURCH, GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORREC- TIONS TO THE MINUTES OF THE REGULAR MEETING OF JULY 5, 1973. COMMISSIONER LOY REQUESTED THAT ON PAGE 50, 2ND LINE, "JOSEPH PHILLIPS" BE CORRECTED TO READ "BILL PHILLIPS." COMMISSIONER SCHMUCKER REQUESTED THAT ON PAGES 21 AND 22, THE NAME 'COHEN" BE CHANGED TO READ "CRONIN" WHEREVER IT OCCURS, THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF JULY 5, 1978, AS WRITTEN. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy,.THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM OF THE FOLLOWING: JOHN E. O'CONNOR - GENE E. MORRIS ISAIAH DAN FLEISCHMAN JOHN KELEMAN RUDY HUBBARD GERALDINE COOKLEY ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED ISSUANCE OF DUPLICATE TAX SALE CERTIFICATE N0. 36 TO ARTHUR HALL AND ARTHUR LINCOLN HALL. THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: L� FROM THE OFFICE OF THE AUDITOR GENERAL, TALLAHASSEE - AUDIT REPORT - TAX COLLECTOR, INDIAN RIVER COUNTY AUDIT REPORT - FORMER CLERK OF THE CIRCUIT COURT, INDIAN RIVER COUNTY REPORT OF CONVICTIONS, CIRCUIT COURT, MONTH OF .JUNE, 1978 INSPECTION REPORT OF COUNTY AND MUNICIPAL DETENTION FACILITIES: ` INDIAN RIVER COUNTY JAIL VERO BEACH CITY JAIL TRAFFIC VLOLATION FINES BY NAME, JUNE, 1978 DANA HOWARD, ENGINEER, OF CARTER ASSOCIATES, INC., APPEARED BEFORE-THE BOARD AS AN AUTHORIZED REPRESENTATION OF E. M. SILVERSTEIN TO OBTAIN FINAL APPROVAL OF CHARLES SUBDIVISION. ADMINISTRATOR JENNINGS STATED THAT THERE WERE CERTIFIED PLANS ON FILE IN HIS OFFICE, AND HE WOULD RECOMMEND APPROVAL OF CHARLES SUBDI- VISION. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL OF CHARLES SUBDIVISION. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY,' COMMISSIONER SCHMUCKER VOTED IN OPPOSITION, THE BOARD APPROVED OUT-OF-COUNTY TRAVEL FOR CIVIL DEFENSE DIRECTOR, S. LEE NUZIE, AND HIS SECRETARY, MRS. MARY LOUISE HELWEG, TO ATTEND A DISASTER PREPAREDNESS PROGRAM WORKSHOP ON AUGUST 3-4, 1978, AT WILDWOOD, FLA. CHAIRMAN WODTKE RECOMMENDED APPOINTING ROBERT L. BRADLEY, GENERAL MANAGER OF THE SHERATON REGENCY, TO THE INDIAN RIVER COUNTY TOURIST•DEVELOPMENT COUNCIL. ON MOTIOR BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 78-47 APPOINTING ROBERT L. BRADLEY TO THE INDIAN RIVER COUNTY.TOURIST DEVELOPMENT COUNCIL. 2 JUL 191978 .35 FQ y RESOLUTION 78-47 ~ BE'IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF JNDIAN RIVER COUNTY, FLORIDA, That ROBERT BRADLEY is hereby #ppointed to serve as a Member of the INDIAN RIVER COUNTY j!OURIST DEVELOPMENT COUNCIL to serve for a four (4)year .berm. Said Resolution shall become effective as of the 19th jay of July , 1978. f BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ByGG�tui► �/� William C. Wodtke, Jt'. , Chairman ' Pttest: . Freda ��xight, lerk - • JUL 1.9 1978 CHAIRMAN WODTKE NOTED THAT WE NEED TO APPROVE FORMALLY THE BUDGET PRESENTED BY THE TOURIST DEVELOPMENT COUNCIL. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED THE 2 -YEAR BUDGET FOR THE INDIAN RIVER COUNTY TOURIST DEVELOPMENT COUNCIL AS DISCUSSED AND PRESENTED AND INSTRUCTED THAT SAID BUDGET BE MADE -A PART OF THE MINUTES. 4 JUL 191978 '~ PLAN FOR INDIAN RIVER COUNTY TOURIST DEVELOPMENT PREPARED BY THE INDIAN RIVER COUNTY TOURIST DEVELOPMENT COUNCIL TAX DISTRICT - INDIAN RIVER COUNTY i BUDGET INDIAN RIVER COUNTY TOURIST DEVELOPMENT COUNCIL 1978-80 Capital Improvement Funds $ 278,000.00 64'.35% Advertising --Promotion 64,000.00 14.81% Vero Beach -Indian River County Chamber of Commerce Information Center - Beach and Mainland 40,000.00 9.26 Sebastian -North County Information Center 18,000.00 4.17% 4 Convention Rental Riverside Theatre 12,000.00 2.78 Administrative Cost •10,000.0 0 2.31% Reserve Fund 10,000.00 2.31% TOTAL TWO YEAR BUDGET $ 432,000.00 100% JUL 191978 `' A Capital Improvement Fund For - Indian River County City of Vero Beach City of Vero Beach, Civic Arts Center North County-Arba TOTAL $ 278,000.00 Breakdown Allocation Indian River County A- To used for development e ' of Wabasso beach park i 100,000.00. City of Vero Beach A- To be used for development of South beach park 80,000.00 City of Vero Beach -Civic Arts Council A- To be used for the development of a walkway along the riverfront of the Civic Arts Center property 80,000.00 North County Area A- To be used for needed improvements including park development 18,000.00 --.TOTAL', CAPITAL I14PROVEMENT FUND ALLOCATIONS $ 278,000.00 Each of the above Capital Allocations shall be spent in a manner consistent with 125.0104 (5) Florida Statutes 1977 JUL 19 1978 35+iu=.i B INDIAN RIVER COUNTY TOURIST DEVELOPMENT COUNCIL ADVERTISING BUDGET - 2 YEAR TOTAL $ A- Participation in National and International exhibits and expositions CANADIAN NAT'L EXPOSITION - TORONTO; Aug/Sept 179 $6,000 INTERNATIONAL EXPOSITION - EUROPE, Feb/Mar 179 4,000 UNITED STATES TRAVEL SERVICE ANNUAL POW -WOW July 179 4,000 FLORIDA SHOWCASE - 4 MAJOR U.S. CITIES 4 per year 6-,000 TOTAL "A" 20,.000 B- COLOR BROCHURES 150,000 - 4 year supply 20,000 C- GENERAL MEDIA ADV. Billboards, Magazines, Newspapers, RDO, etc. 24,000 TOTAL 64,000 The Tourist Development Council recommends that all media dollars and brochures are to be directed toward summer tourist development. JUL9 1978 P Vero Beach -Indian River County Chamber of Commerce Information Center Beach and Mainland Beach Tourist It Information Center Rent - $150. per month $ 3,600.00 Salary -.Approximately $125 per week 13,000.00 FICA (.0505) 845.00 Utilities 2,400.00 Office Equipment (one time expense) 2,000.00 Telephone 1,000.00 TOTAL BEACH INFORMATION CENTER $22,845.00 Mainland Information Center Distribution Material & Postage $ 7,000.00 Printed matter 4,000.00 ` Additional office supplies for inquiries, etc: 1- Envelopes and Letterhead ,I 2- Memo paper, copy supplies, telephone and others 6,155.00 TOTAL MAINLAND INFORMATION CENTER $17,155.00 TOTAL CHAMBER OF COMMERCE BEACH AND MAINLAND INFORMATION CENTERS $40,000.00 JUL x.91978 SEBASTIAN RIVER CHAMBER OF COMMERCE AND NORTH COUNTY INFORMATION CENTER i Salary - 1 person:at $115.00 per week FICA (.0605) Utilities - $60 per month Postage and Distribution material Telephone Reserve for other expenses TOTAL Brochures and printed matter to be furnished from material published by the Tourist Development Board. JUL x.91978 $11,960.00 723.58 1,440.00 676.42 1,200.00 2,000.00 $18, 000.. 00 CONVENTION RENTAL RIVERSIDE THEATRE A- Convention use $500.00 per month i $12,000.00 i . G MEMO: A contract agreement will be worked out, which will stipulate the number of days the Theatre will be available for the amount approximated above. " A fee will be negotiated for rental of the Theatre, over and above the indicated rental fee. r . J U L 191978 ADMINISTRATOR .JENNINGS DISCUSSED PAINTING OF THE WATER TANK AND STATED THAT THE MOST PERMANENT AND MAINTENANCE FREE COLOR TO PAINT IT WOULD BE SILVER. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THAT THE ELEVATED WATER TANK FOR THE GIFFORD WATER SYSTEM BE PAINTED SILVER. ADMINISTRATOR JENNINGS NEXT DISCUSSED RELEASE OF EASEMENT REQUESTED BY MARJORIE UPTON IN VERO BEACH HOMESITES AND STATED THAT THIS IS A ROUTINE MATTER. HE NOTED THAT THESE PEOPLE HAVE GIVEN THE TELEPHONE COMPANY A 5' EASEMENT ON THEIR NORTH BOUNDARY LINE, AND THEY WANT THE EASEMENT RELEASED ON THE EAST SIDE OF LOTS 17 AND 18 BECAUSE IT RUNS THROUGH THE MIDDLE OF THEIR YARD AND CUTS THEM OFF FROM LOT 16. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 78-48 AND APPROVED THE CHAIRMAN'S SIGNATURE TO RELEASE OF EASEMENT BETWEEN LOTS 17 AND. 1g, BLOCK C, AND THE WESTERLY 30' OF LOT 16, BLOCK C, VERO BEACH HOMESITES,.UNIT 1-A, AS REQUESTED BY MARJORIE E. LIPTON; DOCUMENTS TO BE PREPARED AT EXPENSE OF THE APPLICANT. CHAIRMAN WODTKE INFORMED THE BOARD THAT LETTER HAS BEEN RECEIVED FROM THE SECRETARY OF HIBISCUS GRANGE No. Z01 REQUESTING TRANSFER OF COUNTY -OWNED PROPERTY TO THE GRANGE AS FOLLOWS: JUL 91978 11 HIBISCUS GRANGE No.201 Fellsmere, Florida 32048 P.O.Box 67 Fellsmere, F1.32948 June 28, 1978 l Board of County Commissioners Indian River County Court House Vero Beach, Florida 32960 Dear Sirs: Our fraternal organization is properly called the Hibiscus Grange of Fellsmere,Florida. lie are a non-profit, Civic I41inded, Charitable and Patriotic Organization. We have recently been donated lots on block 97, Broadway Street in Fellsmere to build a Grange Hall. tie find from the records -that you are the owner of lot No 16 Which join the lots that we have acquired. The records indicate that this is a twenty-five foot lot and would not meet the requirements to erect a building. It would greatly be appreciated if you would consider transfering this to the Grange. 'vie will be happy -to furnish you any information you may need. Hibiscus Granage received. its charter June 1, 196$ and has been active in Community Service to this date. Sincerely, Hib' scus Grang No .201 Secretary, 'Virginia Triplett (1-Irs, MRS. LILLIAN COX APPEARED REPRESENTING HIBISCUS GRANGE AND STATED THAT THEY ARE A CHARTERED NON-PROFIT ORGANIZATION WITH 63 MEMBERS. SHE CONTINUED THAT LOTS 10 THROUGH -15 WERE DONATED TO THEM BY GULF & WESTERN. EACH IS A 25' LOT, AND THIS WOULD TOTAL 150', ALL WITHIN THE CITY LIMITS. COMMISSIONER SIEBERT NOTED THAT THE COUNTY AT ONE TIME OFFERED LoT 16, BLOCK 97, TO THE CITY OF FELLSMERE AND THEY DECLINED. HE FELT THE COUNTY COULD OFFER THIS LOT TO THE CITY OF FEL-LSMERE AGAIN, AND THEY THEN COULD LEASE IT TO THE GRANGE. CHAIRMAN WODTKE EXPLAINED TO MRS. COX THAT THE BOARD CAN GIVE THIS TO ANOTHER GOVERNMENTAL BODY THAT HAS A UTILIZATION FOR IT, BUT IN ORDER TO TRANSFER IT TO ANYONE ELSE, IT WOULD HAVE TO BE PUT OUT FOR BID. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO WRITE THE 12 • - C L: GF U F.A. i.' : 31 4 -JUL 1.91978 CITY OF FELLSMERE INFORMING THEM THAT WE WILL MAKE COUNTY—OWNED LOT 16, BLK. 97, FELLSMERE, AVAILABLE TO THEM FOR CHARITABLE PURPOSES AND THAT HIBISCUS GRANGE OF FELLSMERE, FLA., No. 201, HAS A USE FOR THIS LOT AS PER THEIR LETTER OF .JUNE 28, 1978; THE DEED FOR THIS LOT SHALL CONTAIN A REVERTER CLAUSE IF THE PROPERTY IS NOT USED FOR CHARI— TABLE PURPOSES. ATTORNEY MICHAEL 01HAIRE REVIEWED WITH THE BOARD A LETTER WRITTEN BY RICHARD ALLEN, VICE PRESIDENT OF THE MQORINGS,IN REGARD TO 'A CONSTRUCTION LOAN AGREEMENT BETWEEN THE COUNTY, INDIAN RIVER FEDERAL AND THE MOORINGS, WHICH WOULD ASSURE THAT THESE FUNDS WOULD BE AVAILABLE FOR THE PART OF THE IMPROVEMENTS THAT ARE REQUIRED BY THE COUNTY.. SAID e LETTER IS AS FOLLOWS: • - w 13 Olt; 04 r�iJ� JUL 191978 no J11 � RE'CEj R1P s� t V fD Pth• e moo "'Vs Mr. Jack G, Jennings July 11, 1978 County Administrator Indian River County. Indian River County Courthouse Vero Beach, Florida 32960 Dear Mr. Jennings: This letter constitutes the understanding and agreement of the Moorings Development Company, a Florida corporation, that, for the purpose of assuring payment and completion of improvements to the Moorings, Plat 5, ' The Anchor, as called for by the Subdivi- sion Resolution of Indian River County, Florida, that Indian River County shall have all of the rights of the owner and contractor under that certain construction loan agreement with Indian River Federal Savings and Loan Association, copy enclosed. Because the said construction loan agreement calls for substantial improvements to the area to be platted over and above those required by the Subdivision L Resolution, this letter is limited to so much of the improvements as may be so required. This letter also constitutes our authorization and agreement'that i construction draws payable according to the terms of the attached construction loan agreement insofar as the same relate to improve- ments required by the Subdivision Resolution of Indian River County shall be payable jointly to the Moorings Development Company and to Indian River County. Furthermore, we understand and agree that the retainage called for by the construction loan agreement in the amount of 10% shall not be released or disbursed to the Moorings Development Company until all improvements required by the Subdivision Resolution have been completed, and said improvements are approved by Indian River County. Y urs siticerely, Richar S Allen Vice President RSA/db Enclosure 3M SOIMI OCEAN DRIVE • P.O. BOX 3160, BEACH STATION, VERO BEACH, FLORIDA 3''2%0 a 305-567.5131 ATTORNEY O'HAIRE NOTED THAT THE PROPOSED LOAN IS FOR $1,500,000, OF WHICH $411,000 WOULD BE FOR THE IMPROVEMENTS REQUIRED BY THE COUNTY. HE PROPOSED THAT THIS BE ACCEPTED IN LIEU OF A PERFORMANCE BOND. 14 JUL 19 197 a � V ATTORNEY COLLINS FELT IF THE SAVINGS & LOAN INDICATES THAT MONIES ARE SET ASIDE, IT IS EFFECTIVELY THE SAME AS PLACING THE CASH IN AN ESCROW ACCOUNT. MR. ALLEN EXPLAINED TO THE BOARD THAT $411,000 WOULD BE EAR- MARKED FOR THE IMPROVEMENTS REQUIRED BY THE COUNTY, AS WELL AS $150,000 FOR THE IO%jRETAINAGE REQUIREMENT. HE POINTED OUT THAT ALL REQUISI- TIONS WILL BE APPROVED BY THE ADMINISTRATOR AND BY PLEDGING THE 10% RETAINAGE ON THE ENTIRE LOAN, THEY ARE REALLY COMMITTING $561,000 AS A BOND TO DO THE IMPROVEMENTS. ADMINISTRATOR JENNINGS STATED THAT HE IS SATISFIED WITH THIS ARRANGEMENT AND BELIEVED IT WOULD COVER THE COST OF THE PROJECT. ATTORNEY COLLINS ASKED IF THE ROADS ARE TO BE PRIVATE ROADS, AND ATTORNEY O'HAIRE STATED THAT THEY ARE TO BE PRIVATE ROADS AND NOT DEDICATED TO THE PUBLIC BECAUSE THIS IS A PENINSULA AND PUBLIC ACCESS IS NOT DESIRABLE. THERE WILL BE A GATEHOUSE AT THE ENTRANCE. HE CONTINUED THAT PARCEL "C" MOST LIKELY ULTIMATELY WILL BE TENNIS COURTS, BUT BECAUSE OF HUD REQUIREMENTS, THEY DO NOT WISH TO MAKE ANY COMMIT- MENTS AT THIS TIME AS TO ITS PARTICULAR USE. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL OF THE MOORINGS, PLAT 15, SUBJECT TO THE COUNTY IN LIEU OF A PERFORMANCE BOND RECEIVING A SATISFACTORY TRI -PARTY AGREEMENT BETWEEN THE -MOORINGS, INDIAN RIVER •FEDERAL SAVINGS & LOAN, AND THE COUNTY, IRREVOCABLY COMMITTING THE FUNDS NECESSARY FOR THE ENGINEER'S ESTIMATES FOR IMPROVEMENTS REQUIRED BY THE COUNTY; SAID AGREEMENT TO BE IN FORM SATISFACTORY TO THE COUNTY ATTORNEY AND THE ADMINISTRATOR. JUL 91978 15 JACK POWELL, DIRECTOR OF THE FORTH INDIAN RIVER COUNTY IMPROVEMENT ASSOCIATION, CAME BEFORE THE BOARD AND STATED THAT LAST OCTOBER ADMINISTRATOR JENNINGS MET WITH THEM AND'OUTLINED ADDITIONAL ROADS TO BE MAINTAINED, WHICH WERE LATER APPROVED BY THE BOARD, HE NOTED THAT THE ONE ITEM TO BE FOLLOWED UP ON WAS GETTING THE LEGAL DOCUMENT AMENDED SO MAINTENANCE COULD BE STARTED, AND THIS WAS NEVER DONE, ATTORNEY-COLLINS STATED THAT THERE IS NO QUESTION BUT THAT THIS MATTER GOT BURIED IN HIS FILES, BUT HE HAS NOW PREPARED THE PAPERWORK -AND SENT IT ON TO THE DRAINAGE DISTRICT, AND IT IS FINISHED. a' MR. POWELL STATED THAT THERE ARE SOME ROADS THAT ARE GETTING IN VERY BAD SHAPE AND MENTIONED WILLOW STREET IN PARTICULAR, HE NOTED THERE ARE 18 RESIDENCES USING THIS ROAD AND JUST SOME FFLL.WOULD HELP, ADMINISTRATOR JENNINGS STATED THAT ALL OF THE ROAD FORCES HAVE BEEN ON VACATION, BUT NOW THEY ARE BACK AND THEY WILL M TRY TO GET TO THIS AS SOON AS POSSIBLE. HE POINTED OUT THAT THERE ARE OVER 400 MILES OF ROAD IN THIS COUNTY, AND IT IS VERY DIFFICULT TO TAKE CARE OF THEM ALL ADEQUATELY. DISCUSSION CONTINUED ON THE ROADS ADDED TO THE MAINTENANCE LIST LAST OCTOBER, AND ADMINISTRATOR JENNINGS NOTED THERE WAS A QUESTION OF RIGHT—OF—WAY ON TWO ROADS, BUT ALL THE OTHER ROADS WILL BE ADDED TO THE CHARTS AND GIVEN TO THE SUPERVISORS AND OPERATORS. COMMISSIONER SIEBERT DISCUSSED POSSIBLY GETTING AN INTERLOCAL AGREEMENT WITH THE FELLSMERE WATER MANAGEMENT DISTRICT. ADMINISTRATOR JENNINGS ASKED THAT THE MINUTES REFLECT THAT IT IS HIS OPINION THAT UNTIL SOME PUBLIC BODY IS CHARGED WITH THE PROPER MAINTENANCE OF THE ROADS IN FELLSMERE, THIS.QUESTION IS NEVER GOING TO BE RESOLVED SATISFACTORILY. HE BROUGHT UP THE PROBLEM OF CULVERTS AND THE ADDITIONAL RIGHT—OF—WAY NEEDED TO DO THE JOB RIGHT, AND NOTED THAT WE CAN PUT "BAND—AIDS" ON THIS EVERY TWO YEARS, BUT WE ARE JUST EXPANDING THE PROBLEMS. MR. POWELL THEN BROUGHT UP THE MATTER OF A COLLECTOR STATION FOR THE FELLSMERE AREA AND THE PROBLEMS ENCOUNTERED IN FINDING A PLACE TO LOCATE IT. HE INFORMED THE BOARD THAT HE VISITED 16 JUL 19.1978 N SOME OF THE COLLECTOR STATIONS THAT HAVE BEEN PREPARED AND MR, JENNINGS GAVE HIM A SKETCH. HE TOOK THIS SKETCH TO THE FORTH INDIAN RIVER COUNTY IMPROVEMENT ASSOCIATION, AND BETTER THAN 58% OF THEIR MEMBERSHIP APPROVED IT. MR. POWELL CONTINUED THAT THEY WERE UNDER THE ASSUMPTION THAT THE MONEY WAS AVAILABLE AND EVERYTHING WAS READY TO GO, BUT NOTHING HAS HAPPENED IN SIX MONTHS. - ADMINISTRATOR JENNINGS STATED THAT WE DID ACQUIRE THE OLD WAYSIDE PARK PROPERTY FOR THIS PURPOSE, HAD THE PAPERS RECORDED, AND CLEARED THE LAND. THERE ALSO WAS A DRAINAGE DITCH WHICH HAD TO BE FILLED AND DIVERTED AROUND THE PROPERTY AND NEW CULVERT PUT IN, ALL OF WHICH HAS BEEN DONE. THE ADMINISTRATOR NOTED THAT DURING THIS TIME, SEVERAL PEOPLE CAME IN AND WERE VERY MUCH OPPOSED TO THE COLLECTOR STATION BEING LOCATED AT THAT SITE. ADMINISTRATOR JENNINGS STATED THAT WE HAVE, IN THE MEANTIME, BOUGHT TWO LARGE GREEN COLLECTOR BOXES WHICH WERE REALLY INTENDED FOR THE GIFFORD AREA, AND HE OFFERED ONE OF THESE TO BE OF SOME ASSISTANCE IN THE FELLSMERE AREA UNTIL THE COLLECTOR STATION CAN BE COMPLETED. HE EXPLAINED THAT THIS.WAS NOT INTENDED TO TAKE THE PLACE OF THE COLLECTOR STATION. DISCUSSION FOLLOWED ON THE WEAR AND TEAR ON THE EQUIPMENT RESULTING FROM BUILDING OF FOUR COLLECTOR STATIONS, ETC., AND CHAIRMAN WODTKE POINTED OUT THAT THE ADMINISTRATOR WISHED TO TRY TO COORDINATE THE BUILDING OF THESE COLLECTOR STATIONS. MR. POWELL STATED THAT THE.ASSOCIATION DEFINITELY WANTS A PERMANENT COLLECTOR STATION AND IS NOT IN FAVOR OF HAVING A TEMPORARY ONE AT ALL, ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THE VERO 1 BEACH FIRE CHIEF HAS BROUGHT TO HIS ATTENTION THE NEED FOR ANOTHER VEHICLE OF SOME KIND FOR A FIRE INSPECTOR NOW THAT WE HAVE OUR FIRE PREVENTION CODE ORDINANCE. ADMINISTRATOR JENNINGS STATED THAT WE DO NOT HAVE ANY EXTRA VEHICLES BUT SUGGESTED THAT THE BOARD MIGHT CONSIDER LETTING HIM TAKE THE OLDEST VEHICLE WE HAVE, TRANSFER THAT TO THEMo AND REPLACE IT WITH A NEW ONE. THE BOARD FELT THIS MATTER SHOULD BE DISCUSSED AT BUDGET HEARINGS. E JUL 91978 17 ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT CIRCUIT .JUDGE CHARLES SMITH HAS EXPRESSED THE NEED FOR A PUBLIC TELEPHONE UPSTAIRS IN THE COURTHOUSE BECAUSE ON COURT DAYS MANY PEOPLE GO 'INTO THE OFFICES TO USE THE TELEPHONES, WHICH DISRUPTS WORK AND CREATES CONFUSION. HE CONTINUED THAT THE .JUDGE HAS SUGGESTED THAT SUCH A TELEPHONE BE LOCATED IN THE WITNESS ROOM. -ONiMOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO COMPLY WITH THE REQUEST OF JUDGE CHARLES SMITH FOR INSTALLATION OF A PUBLIC TELEPHONE IN THE COURTHOUSE UPSTAIRS NEAR THE COURTROOMS. ADMINISTRATOR JENNINGS NEXT DISCUSSED REQUEST OF PROPERTY APPRAISER LAW FOR MOBILE RADIO UNITS TO CONNECT WITH THE COUNTY SYSTEM AS PER THE FOLLOWING MEMO: July 7, 1978 MEMORANDUM* 41JL i•,lu " Yx PC^ c.sl TO: Mr. Jack Jennings, Count Administrator= �{` �'�� ' g , y 4(- • FROM: Bill C. Law, Property Appraiser _. SUBJECT: Radios Dear Jack: r You will recall several weeks ago I discussed with you a possibility of ( securing radios for my office. As indicated to you, I would like to have i j one base unit and two mobile units.' At your suggestion, I have talked with the RCA representative at which time Mr. Bob Donlon was present. Mr. Webb of the RCA Company stated "that in connecting my office with your present system, it would not cause i any interference or difficulty with your system. This is no more than just an increase in your present system by three units. I have secured a bid from him for these units of $2, 458. 20 that I am attaching. i I request approval to proceed with securing these three units for my office. Thank you for your cooperation. 18 35 JUL 1.91978 01 11 COMMISSIONER SIEBERT FELT THIS SHOULD HAVE BEEN INCLUDED IN THE PROPERTY APPRAISERS BUDGET AND ALSO DID NOT FEEL THE FULL COST SHOULD BE A BURDEN ON THE COUNTY. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY TABLED CONSIDERATION OF THE REQUEST OF PROPERTY APPRAISER LAW FOR ONE BASE RADIO UNIT AND TWO MOBILE RADIO UNITS UNTIL MR. LAW CAN BE CONTACTED TO ASCERTAIN WHY THESE COULDNIT HAVE BEEN INCLUDED IN HIS OVERALL'BUDGET IF THE NEED IS URGENT, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED ADDING AN EMERGENCY ITEM REGARDING AN AIR CONDITIONING UNIT AT THE COUNTY JAIL TO TODAY fS AGENDA AS REQUESTED BY THE ADMINISTRATOR. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THE 2=TON AIR CONDITIONER IN THE INVESTIGATIVE DIVISION OF THE JAIL HAS BECOME INOP- ERATIVE AND TO REPAIR IT WOULD AMOUNT TO MORE THAN $400. ASSISTANT ADMINISTRATOR NELSON STATED THAT THEY HAVE OBTAINED THREE -ESTIMATES ON REPLACING THIS UNIT WITH ONE THAT HAS AN INCREASED CAPACITY. HE NOTED THAT THERE NOW ARE 12 INVESTIGATORS WORKING IN THIS AREA, AND IT WILL BE EXPANDED IN THE FUTURE. HE RECOMMENDED ACCEPTING THE PROPOSAL MADE BY D & J SHEET METAL, WHICH INCLUDES THE ELECTRICAL - HOOK-UP. THE BOARD AGREED THAT IT WOULD BE WISER TO REPLACE THIS UNIT THAN TO REPAIR IT, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE REPLACEMENT OF THE INOPERA- TIVE AIR CONDITIONING UNIT IN THE INVESTIGATIVE DIVISION OF THE COUNTY JAIL AND ACCEPTED THE PROPOSAL OF D & J SHEET METAL HEATING & AIR CON- DITIONING CORP. FOR INSTALLATION OF A 3 -TON UNIT IN THE TOTAL AMOUNT OF $1,116.90, INCLUDING ELECTRICAL WORK; TO BE PAID OUT OF FEDERAL REVENUE SHARING FUNDS. ADMINISTRATOR JENNINGS REPORTED THAT HE HAS RECEIVED THE PERMIT TO ERECT A FLASHING BEACON SIGNAL AT KINGS HIGHWAY AND SOUTH GIFFORD ROAD AND WOULD SUGGEST IT BE ORDERED. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO ORDER A FLASHING BEACON SIGNAL TO BE INSTALLED AT THE -INTERSECTION OF KING'S HIGHWAY AND SOUTFF GIFFORD ROAD. JUL � 91978 19 •��;r:: PAT FLOOD, MAYOR OF SEBASTIAN, APPEARED TO DISCUSS THE POSSIBILITY OF SEBASTIAN TAKING OVER THE BUILDING INSPECTION AND PERMITTING FOR THE NORTH END OF THE COUNTY AND PRESENTED TO THE BOARD PETITIONS TO THIS EFFECT SIGNED BY VARIOUS CONTRACTORS AND INTERESTED CITIZENS. SAID PETITIONS ARE HEREBY MADE A PART OF THE MINUTES. O 20 r Ui. 32Z JUL 191978 We the undersigned believe it would be ill the best interests of the general public, construction itidustry, the City of Sebastian and the County of Indian River if the construction permits and inspections for the north Indian River County area were done by the City of Sebastian Building Official and do toward that end hereby petition the City of Sebastian and the County Commission of Indian River County to have construction permits and inspections for the northern pert of the county be done by the City of Sebastian Building Official. NAME ., 7 l e l• JUL 191978 BUSINESS ADDRESS n �Il.� ct lQ�•�lCj•tL.u�Q�. � .�Lr�,.,.t�� . L �� , h�lt-t..�s�, `M.,�';%•r,�, .SCS. U "'/.. yj • ! ;...... vv..Cu4,r. ..q k -.dee. vtia:.ia., .uaa.'A.n. .. v... ....+wn; «c..... .. .. _Y'.«.«.. �... ,. <x - ...4V .t'...a _ ._. 4-,... _ .. .... SI j4 We the undersigned believe it would be in the bent interests of the general public., construction industry, the City of Sebastian and the County of Indian River if the construction permits and inspections for the north Indian River County area were: done by the a City of Sebastian Building Official and do toward that end hereby petition the City of Sebastian and the County Commission of Indian Liver County to have construction permits and inspections for the northern part of the county be done by the City of Sebastian Building Official. NAME ' 1 RLP BUSINESS /f) e f CDwsf G•o r�, ADDRESS JUL 191978 �fJ-,�dJC Zd!j v J r= Al 17 - - ... • --�!� ,lit' a L i 4 '.. 1 ..;'"�-W�•.tSL�,.rvv .'.�.-ar%'1 r 4�. y .. ...i .I Y: w.'S, .i t`s: -d -) ",�1•',ril. c' ✓. .n c.w�g:ai�'p ...,{,_.. �?4 rc.Y,4'•Te•ia'«'." �'�� v' s' , ry `` • .�4 �.nc+c'a s .....'; P.. .. � . 1+�"--.. Hr ..t ..a •. in.:d ' .,:�.0 .`. "'i I 73 I M We the undersigned believe it would be in the beat interests of the general public,'.construction industry, the city of Sebastian and the County of Indian River if the construction permits and inspections for the north Indian River County area were done by the City of Sebastian Building Official and do toward that end hereby petition the City of Sebastian and the County Commission of Indian River County to have construction permits and inspections for the northern part of the county be done by the City of Sebastian Building Official. '06 JUL 191978 ,ujs 35 Fu 36 14 so :lP^f•:+,.w•.—. /:,�.K._.wp!:«r. +w N�>.,.;�,me ✓�a:...fa.,. .r+feie:*'q�ece. �x..ra•wzniM•fw?t•M.rtN.. .... acv.. �rAmw�.&.4... _.. nc�>y-.w*s. _ ..r.:..a+.+,�,a•cMa�esz*T......,r�..,•. Y•a..r.rq+vr �• �,. s.•�} We the undersigned believe it would be in the best interests of the general public, construction industry, the City of Sebastian and the County of Indian River if the construction permits and inspections for the north Indian River County area were done by the City of Sebastian Building Official and do toward that end hereby petition the City of Sebastian and the County Commission of Indian River County to have 'construction permits and inspections for the northern part of the county be done by the City of Sebastian Building NAME tt , _7• '..:�� / BVSZIaESsDRE*Sc0 vd� P/&444-ut Apr 10 • ��J.•C.� - �� ` �/off S� �i �c..�Y . Ly -Q, /41 r` "• ` �`'+,� tq / ! ��j Lam_ �••�/J tt� /may /, ` �.� (� , � 6-LW11 L e \ 21 °,•/ _ . %• `�1 �L (�4ti�•.y �j V ��L�;�C��1 r'�l;:. c•,n�t�c.� .,L� � • �lr%1��. .••�-.�f.C.i V6 JUL JUL 191978 i� SEs1 >nr r:•�+e�il�sfoilad`ui::':t'rem'�4Y5':::, :... �aRrS�*�;�'3�.*?°�i�5'.'�i�::�...�':?"c^��?'r�:.r;�.. ,:!'e�'e�."�'„';��. 'f�`„��•�!''•�"=';�v...,.�1�' '''''8'!�''•�- eta ew, 21� IL leg •}�� ';i S'• (7"V � fi� .1%G- 1 �! !,% ^7X"111,-'+) ` `�� . �� . �e ....-s•-ti+Z��+ , • 60 � i �%•� j� 1 � % �-��. �'.r": �:�,- Py�%'ld"1i� rte: ' �l P/IV/ a, • .sri' L�rr� - � ly yyy� r Cl`�3 J 1 r � • Y. c+ d �--�.. � •�, fl (� ;a.t Xj�' ,�.7 � t�'�pGl y� .•- ��'� i• �•+,+��.�i+1i1.7['�.LYJ3�'��.R'.v� •a'.�� 3+ie*A'GR� Y ":..�r4K�ili'i. Ys ,AM rpt' • a a of IV i� r. .1 a=... .:-....-'... .. _... �. •.,.. •r... .. ,.. ,_. .....H -'-fir _,..... 1 f 1. K zkw 01 .SFr. w s.....*,... _�*vx a.+ ,- :,s:>:r:3•. r.. ,.. .T+•:. .9vr.. .... .'E.�.,. ,'. .v. , +�st�►al. t ;. y. ... HwvfavL:.e''i': i, M... nra?•�f.��: ... �}.�. A+s'.r= s:i.:.. t MAYOR FLOOD STATED THAT THEIR MAIN PROBLEM IS DELAY. HE NOTED THAT THEIR PERMITTING IN THE CITY LIMITS TAKES ABOUT 60 DAYS WHILE IN THE COUNTY, IT•TAKES ANYWHERE FROM 90 TO 120 DAYS. HE INFORMED THE BOARD THAT WHEN YOU BRING A PRINT INTO THE COUNTY OFFICE YOU HAVE AN AUTOMATIC TWO-WEEK DELAY. MAYOR FLOOD FELT IT WOULD BE MORE EFFICIENT IN THE LONG RUN FOR THE COUNTY TO CHANGE THEIR PERMITTING PPOCEDURE, AND ASKED IF THE COUNTY IS PLANNING TO GO INTO DOING THEIR OWN INSPECTION. CHAIRMAN WODTKE STATED THAT HE IS DESIRABLE OF GIVING BETTER SERVICE, BUT FELT WE MUST TAKE INTO CONSIDERATION UTILIZATION OF THE HOSPITAL AND.HOPEFULLY LOCATING EVERYTHING IN ONE BUILDING. HE CONTINUED THAT DECIDING ON WHETHER THE COUNTY SHOULD MAKE THIS -A SEPARATE SERVICE OR HAVE A MUTUAL AGREEMENT WITH THE CITY OF SEBASTIAN IS SOMETHING THAT WILL TAKE SOME JOINT STUDY BETWEEN THE COUNTY, SEBASTIAN, AND BUILDING DIRECTOR RYMER. THE CHAIRMAN AGREED THAT THE NORTH END OF THE COUNTY IS A BIG GROWTH AREA, AND ALL OF THIS MUST BE CONSIDERED. MAYOR FLOOD STATED THAT THEY HAVE HAD A WORKSHOP AND COUNCIL MEETING)AND THE SEBASTIAN BUILDING DEPARTMENT IS WILLING TO GO AHEAD AND TAKE OVER THE NORTH COUNTY AREA. HE FELT THEY COULD HANDLE IT AS A SATELLITE OFFICE. HE NOTED ONE PROBLEM IS THAT ON ONE HOUSE ALL THE DIFFERENT SUBCONTRACTORS MUST GET PERMITS AND COME ALL THE WAY TO VERO BEACH TO DO IT, WHICH IS TIME CONSUMING. HE INFORMED THE BOARD -THAT IN THE LAST YEAR MR. ESTES HAS BUILT ABOUT 300 HOUSES IN THE CITY OF SEBASTIAN,AND IF THIS HAD BEEN IN THE COUNTY, HE COULDN'T HAVE BUILT 100 IN THAT TIME BECAUSE. OF ALL THE DELAYS .INVOLVED. ,i COMMISSIONER SIEBERT FELT THAT MAYOR FLOOt�S SUGGESTION HAS REAL MERIT BUT FELT WE MAY BE ABLE TO SOLVE THIS PROBLEM WHEN WE GET INTO THE HOSPITAL BUILDING. HE AGREED THAT THE DELAYS IN THE NORTH COUNTY ARE A PROBLEM THAT NEED TO BE ADDRESSED AND STATED HE PERSONALLY WOULD HAVE NO OBJECTION TO A SUBSTATION IN.THE CITY OF SEBASTIAN. MAYOR FLOOD STATED THAT HE WOULD LIKE TO WORK OUT SOMETHING AS SOON AS POSSIBLE. COMMISSIONER SIEBERT ASKED IF THEY COULD GIVE THE BOARD N-1 JUL 91378. oza 3� F c1 3 SIX MONTHS TO MAKE SOME CONCRETE PLANS, AND COMMISSIONER Loy CONCURRED, NOTING THAT WE HOPEFULLY ARE GOING TO TRY TO COMBINE EVERYTHING FOR A COUNTY DEPARTMENT BY OCTOBER AND WOULD RATHER NOT.DISRUPT EVERYTHING RIGHT NOW AND TURN RIGHT AROUND AND DISRUPT IT AGAIN. SHE CONTINUED THAT SHE FELT THIS IS A.GOOD PROPOSAL AND EVEN IF WE HAVE A COUNTY DEPARTMENT, A SUB -STATION MIGHT BE WISE,t ` DISCUSSION FOLLOWED ON THE POSSIBILITY OF HAVING COUNTYWIDE LICENSES AND INSPECTION FEES, ETC., AND COMMISSIONER SIEBERT STATED THAT IF WE CAN IT ACCOMPLISH ANYTHING IN SIX MONTHS, HE WOULD BE VERY WILLING TO CONSIDER HAVING SEBASTIAN DO SOME OF THE PERMITTING AT THE NORTH END OF THE COUNTY, CHAIRMAN WODTKE NOTED THAT AS WE GO THROUGH BUDGET HEARINGS, WE WILL -ADDRESS THE BUILDING DEPARTMENT SITUATION, THE HOSPITAL ETC., AND FELT WE SHOULD BE ABLE TO KNOW BY OCTOBER WHERE WE ARE HEADED. THE HOUR OF 1Jc30 O'CLOCK AA.' HAYING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: VERO BEACH PRESS -JOURNAL Published Weekly ,Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being in the matter of — in the Court, was pub - fished in said newspaper in the issues of 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 thi CP of AAA— A.D.J 127W (Burin Manager) (Clerk of the Circuit Court, India R er ounty, Florida) (SEAU 29 NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida will hold a public hearing on July 19, 1978, at 10:30 o'clock A.M. in the County Commission Chambers at the Indian River County Courthouse to consider the adoption of: An Ordinance relating to flood damage protection carrying out the intent and purposes of the National Flood Insurance Act of 1948 and the Flood Disaster Act of 1973 and to convert Indian River County to the regular program of flood insurance by the Federal Insurance Administration; providing for a statement of purpose, ob- jectives, definitions, a basis for areas of special flood hazards, requirement of development permits, disclaimer of liabilities, penalties for violation, providing for administration, duties and respon- sibilities of County Administrator, a variance procedure, provisions for flood hazard reduction, a savings clause and an effective date. Board of County Commissioners of Indian River County, Florida By: -s -William C. Wodtke Jr., Chairman June 48,1978. -JUL 19jai m p A CHAIRMAN WODTKE STATED THAT FOR SOME PERIOD OF TIME WE HAVE BEEN STUDYING AND PLANNING OUR FLOOD INSURANCE PROGRAM AND NOW HAVE RECEIVED THE MAPS DESIGNATING THE CONTOURS FOR SPECIFIC AREAS FOR FLOOD INSURANCE PURPOSES. CHAIRMAN WODTKE THEN DISCUSSED A LETTER WRITTEN BY PLANNING DIRECTOR STAN REDICK TO THE DHUD IN REGARD TO A MINOR DISCREPANCY IN THEIR MAPS INVOLVING A SMALL PART OF THE TOWN OF INDIAN RIVER SHORES. SAID LETTER IS HEREBY MADE A PART OF THE MINUTES. •ROARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, JR., Chairman ALMA LEE LOY. Vice Chairman WILLARD W. SIEBERT, JR. EDWIN S. SCHMUCKER ft. DON DEESON t ACK G. JENNI-NGS. Administrator 2145 14th Avenue e<—hiVerq_13*aqh, Florida 32960 rG �� July 11, 1978 �` ho�8 `y N CIO co, Department of Housing and Urban Development Federal Insurance Administration CI Washington. D. C. 20410 ff Attention: Richard W. Krim, Assistant Administrator for Flood Insurance Re: IFE FLO-1 Dear Mr. Krimm: It has come to our attention that the new Flood Insurance Rate Maps for Indian River County are incorrect in that a small portion of unincorporated land is shown -as being part of the Town of Indian River Shores. This area is shot -in on the attached maps. The legal description of the said area is as follows: Starting at SE corner of * Sec. 19-32-40 run E 210' to center line of SR AlA. ---...Beginning point, run NW along center line of SR AlA 2,150'4- to N boundary line of Gov. lot 9, thence run W along N boundary line of Gov. lot 9 a distance of 1,050'+ to Gov't. meander line, thence run NW 280 on Gov't. meander line a distance of 130'+, thence run SW 530 along boundary line of Tract 24 a distance of 1,450'+ to the SE corner of boundary line of Tract 24, thence run W along said S—boundary line of Tract 24 a distance of 2,650'+ to the W section line of Sec. 19-32-40, thence run SE 260.`:00'+, thence run NE 100 a distance of 3,060'+, thence run S 800'+, the -ce Zi SE 250 460'+, thence run SE 500 200' to S section line of 19-32-40, thence run E -along said line 1,300' to point of beginning. In addition, lots 4 - 8 of Southern Shores Subdivision* are likewise unincorporated and are described asfol-lows: Starting at - SE -corner of Section 18-3240 run W along S line of Section 18 750'±, thence run NW 730 300' to point of beginning. From point of beginning run NW 730 500', thence run W parallel to section line 1,100' to E R/W of AlA, thence run SE 700 500', thence run E parallel to section line 1,075'+ to point of beginning.. 30 JUL -191979 35 th,- 33 Some years ago the Town of Indian River Shores had a major annexation at the north edge of the town. This apparently was not picked up by HUD in pre- paration of the rate maps, and a very large area shown as unincorporated is in fact part of the Town of Indian River Shores. That area is described as follows: :r All of the area which lies South of Gov. lots 1 and 2 in Section 36=31-39, and all of the area which lies South of Gov. lots 1 and 2 in Section 35- 31-39, less and except the following described parcels which are unincor- porated areas df the County; The South 1/2 of Gov. lots 8 and 9 in Section 36-31-39; The South 1%2 of Gov. lots 6 and 7 and the S 1/2 of the N 1/2 of Gov. lot 7 in Section 36-31-39; The North 1/2 of Gov. lot 5 in Section 36-31-39; The North 1/2 of the S 1/2 of Gov. lot 3 in Section 36-31-39 The North 1/2 of the S 1/2 of Gov. lot 3 in Section 35-31-39; Begin at the NE corner of the S 1/2 of Gov. lot 4 in Section 35-31-39, run W 550'±to the Indian River, thence run in a Southeasterly direction along the shoreline approximately 700 feet, thence run North 450 feet.+ to point of beginning. Maps of the individual areas described above*are enclosed for your information. Please advise us on how we are to treat the areas in question as soon as possible, as we have knowledge of several policies coming due within the area in the near future. Thank you for your consideration. n Ve rely yo s tan Redick, Planning Director ATTORNEY COLLINS STATED THAT HE IS CONCERNED ABOUT THIS BECAUSE THE BOARD WILL BE ADOPTING THESE MAPS AS THE OFFICIAL MAPS AND THEY DO INCLUDE AN INCORPORATED AREA. CHAIRMAN I!VODTKE NOTED THAT THE MAPS AND RATES WERE ... ....... .--. EFFECTIVE AS OF JULY 3RD AND WE HAVE A CERTAIN PERIOD OF TIME TO ADOPT THE ORDTNANCE OR THE RATES WILL NO LONGER BE IN EFFECT. ATTORNEY COLLINS NOTED WE COULD HOLD THE FEARING AND CONTINUE IT AND FELT THAT SO LONG AS THE BOARD IS ACTIVELY IN THE PROCESS OF ADOPTING THE ORDINANCE, THAT HUD WILL WORK WITH THEM. HE STRESSED THAT THE ORDINANCE IS OF GREAT MAGNITUDE.AND FELT HE WOULD LIKE TO SEE MORE PUBLIC INPUT. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD, THERE WERE NONE. ATTORNEY COLLINS STATED THAT HE HAS STUDIED THE MAPS TO 31 JUL x.91978 33-3 SEE HOW THEY APPLY TO THE ORDINANCE AND IT WOULD•APPEAR THAT THERE ARE.;:GOING TO BE STRUCTURES WHERE THE COSTS WILL INCREASE BECAUSE OF THIS ORDINANCE. HE NOTED THAT MUCH OF THE BEACH AREA HAS BEEN REDESIGNATED, BUT ALONG THE RIVER THERE ARE AREAS THAT MAY REQUIRE ELEVATION. COMMISSIONER SIEBERT NOTED THAT WHEN YOU TALK ABOUT 1% BASE FLOOD,:IT IS LIKE THE 100 YEAR FLOOD PLAIN AND HE ASKED WHETHER THIS IS NECESSARY. HE NOTED THAT THE COASTAL ZONE COUNCIL REDUCED THEIRS To 50 YEARS AND THERE IS A VAST DIFFERENCE BETWEEN A 100 YEAR FLOOD PLAIN AND A 50 YEAR FLOOD PLAIN. Aii0R'N'EY' COLLINS STATED THAT HE IS *UNDER THE IMPRESSION THAT THAT THE STANDARDS SET IN THIS ORDINANCE ARE THE FEDERAL BUT STILL FELT IT WOULD BE GOOD TOGET ADDITIONAL INPUT. COMMISSIONER Loy SUGGESTED THAT WE GET SOME INPUT FROM THE INSURANCE PEOPLE AND FINANCIAL INSTITUTIONS, AND ATTORNEY COLLINS AGREED AND ASKED THAT A COPY OF THE PROPOSED ORDINANCE SHOULD BE SENT TO THE LARGER INSTITUTIONS AND INSURANCE AGENCIES ASKING FOR INPUT. ON MOTION By COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY CONTINUED THE PUBLIC HEARING ON THE FLOOD INSURANCE ORDINANCE UNTIL THE MEETING OF AUGUST 9TH AT 10': 30 A.M. THE HOUR OF ii*:"OO of CLOCK A.M.* HAVING PASSED',' THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: JUL 191979 334. ®*. -m 32 334. ®*. -m Ip VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a,,Yl J�n� in the matter of o In *AU i { In the Court, was ppub- llshed in said newspaper in the issues of a �+ J,,a l.4,�5rd�. I 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 da of A.D. - f usi a g&) (Clerk of the Circuit Court, Indian Ri &ekounty, Florida) (SEAU J U L 9.1978 i BEFORE THE BOARD OF A COUNTY COMMISSIONERS OF z INDIAN RIVER COUNTY, FLORIDA IN RE: Application for Customer 'Service, .Inc., for authority to increase its watgt hookup and connection charge NOTICE OF HEARING The Board of County Commissioners of Indian River County will hold a hearing on Wednesday, July 19, 1970, at 11:00 A.M. in its hearing room in the Indian River County Courthouse, Vero Beach, Florida, on the application of Customer Service, Inc., for authority to make effective the following water hookup and connection charges: SINGLE FAMILY AND PROPOSED DUPLEX RESIDENCES RATES Water Hookup and connection charge f1,008.Q0 Dated this 22nd day of June, 1976. Board of County Commissioners of Indian River County, Florida By: -s -William C. Wodtke Jr., Chairman F waif: 335 II L�J ATTORNEY RICHARD BOGOSIAN CAME BEFORE THE BOARD REPRESENTING CUSTOMER SERVICE, INC., AND MADE THE PRESENTATION. HE NOTED THAT THE REASONS FOR THE REQUEST FOR THE INCREASED WATER HOOKUP AND CONNECTION CHARGE ARE SET OUT IN LETTER FROM PETER ROBINSON, PRESIDENT OF CUSTOMER SERVICE, INC., DATED .TUNE 2ND, WHICH LETTER IS AS FOLLOWS: s . 6USTripAc �urlvlcrz NC. P. O. BOX 2062 VERO BEACH, FIA. 32960 June 2► 1978 "I-Rhard Bogosian 143.8 :tFtpet Vero Bea ► da`32960 Ue nick: Aw ..i-...] wd(q-4-= ..l nt-o .• ati-oH As we previously discus,ed, our major concerti is that we continue to provide good :service for our customers. At present we feel our service i Food but we are only using one well. We have been Fortunate that the rare water quality of that well has been good. re are presently using one well for our water ser -;Ire and chlorinaitipr the water.. This treatment is providing rood water. We are continuing to try to improve our :yo. tem. Wo will be add .ng an aerator and then superchlorina t. i ng and dechlorinating the water in hopes that it will be even better. We are also oversizing the aerator so it will cause a partial sedimentation process to occur. 4e are also prrnaring to add a new well to the system. 'The more we study the water systems in this area, and the raw water quality in this area, the more concerned we become with how rood our water•will be as we expand the system. The problem with expanding the system is that the expansion will •re4uirc new :sources of raw water and the new raw water may not be a, good a:: our present water. Because of this: we Would have to increase our plant treatment, possibly r-oinr as far as water softening which can be quite.expensive. (One -estimate for our present system as it now exists is X92,000.00). It in our belief that any expansion of the system or chazige in the water treatment in the system should be done at the expense of those requir.izi;; the expansion and not at the expense of the present user.,, of the system. These users may benefit from the improvements but as much as possible their cost:, should be limited to paying for the daily operations of the system. The problem with many of the county', existing systems is that money was not charged and :;at aside as systems were expanded to improve the nuality in these systems and now when water duality improvements are being demanded, the only :.ource of re%:enue available io the daily water charges.to the user. This becomes a major source of aggravation for everyone concerned. At present the only people affected by this increased rate would be Laurel. Builders. I am also including for your information and to be forwarded the latert print out on Customer Service Inc. Very Truly Yours 34 Peter G. Robinson President JUL 191978 !;_Z S r No ATTORNEY BOGOSIAN POINTED OUT THAT CUSTOMER SERVICE IS GOING TO INSTALL A NEW WELL AND MAKE IMPROVEMENTS AND INTENDS TO DO THIS WITH THE ADDITIONAL CHARGES IF GRANTED, THE PEOPLE THAT ARE ON THE SYSTEM NOW WILL NOT BE AFFECTED BY THE INCREASED HOOK- UP CHARGE - LAUREL HOME BUILDERS WILL BE AFFECTED BECAUSE THEY WILL BE CHARGED THIS HOOK-UP FEE IN THE FUTURE. THESE CHARGES WILL GIVE THE CORPORATION A RESERVE TO MAKE THE IMPROVEMENTS AND DRILL THE ADDITIONAL WELL. `CHAIRMAN WODTKE ASKED IF ALL OF THE FRANCHISE AREA IS OWNED BY LAUREL HOMES. TOM SHUTTS STATED THAT THEY PRESENTLY HAVE PLATTED I24 LOTS IN UNITS I AND 2 AND ABOUT 64 REMAIN TO BE CONSTRUCTED. THERE IS ADDITIONAL ACREAGE IN THE FRANCHISE AREA THAT HAS NOT BEEN PLATTED. LAUREL BUILDERS OWNS ALL THE LOTS NOT SOLD AND THE ADDITIONAL ACREAGE, COMMISSIONER SCHMUCKER FELT $1,000 IS A VERY HIGH FEE, AND ATTORNEY BOGOSIAN STATED THAT THIS IS ACTUALLY MORE OF A BOOKKEEPING MANIPULATION THAN ANYTHING ELSE, AND HE FELT IT IS BETTER THAN LEVYING ADDITIONAL RATES ON THE CUSTOMERS. CHAIRMAN WODTKE PERSONALLY FELT THI.S IS THE PROPER WAY FOR THIS TO BE DONE, BUT NOTED THAT THE CUSTOMERS WHO BUY THE HOUSES WILL PAY THE PRICE FOR THE EXPANSION AND ASKED IF THE COMPANY DOWN THE LINE WILL BE LOOKING FOR A RETURN ON THE MONEY THOSE PEOPLE PAID IN. ATTORNEY BOGOSIAN STATED THAT HE COULD NOT ANSWER THAT, BUT FELT THIS IS THE ONLY SENSIBLE APPROACH SO THEY CAN OPERATE ADEQUATELY AND NOT HAVE TO COME BACK AND ASK FOR INCREASED RATES TO MAKE IMPROVEMENTS LATER. HE FELT THIS WILL BE A VIABLE,SOUND SYSTEM AND NOTED THAT IT IS NOT CHARGING THE MAXIMUM RATES ALLOWED. COMMISSIONER SIEBERT STATED THAT HE UNDERSTANDS THE CHAIRMAN'S CONCERN, BUT FELT THE IMPACT WILL BE MINIMAL BECAUSE OF THE WAY THEY ARE DOING IT, AND POINTED OUT THAT IT WOULD AVOID HAVING A RATE INCREASE TO MAKE CAPITAL IMPROVEMENTS. wi 337 ATTORNEY BOGOSIAN NOTED THAT THIS ACTUALLY IS NOT JUST A PAPER TRANSACTION BECAUSE THE MONEY ACTUALLY WILL BE TRANSFERRED BETWEEN LAUREL HOMES AND CUSTOMER SERVICE, INC., WHICH ARE TWO SEPARATE COMPANIES. ATTORNEY COLLINS ASKED IF IT IS THEIR INTENT WHEN THE COUNTY GETS_IN;TO THE WATER BUSINESS TO TURN THE LINES OVER TO THE COUNTY AT NO CHARGE, AND MR. SHUTTS STATED THAT IS WHAT THEIR FRANCHISE. CALLS FOR AND THEY WILL TURN OVER THE LINES, BUT NOT THE PLANT. 'ON MOTION BY COMMISSIONER DEESON, SECONDED BY -COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD ADOPTED RESOLUTION NO. 75-49 APPROVING WATER HOOK-UP AND CONNECTION CHARGES AS REQUESTED BY CUSTOMER SERVICE, INC. y JU L 1.9 1978 JU L 1.9 1978 RICHARD P. SMOSIAN ATTORNEY AT LAW - 1418 TWENTY-FIRST STREET VERO BEACH. FLORIDA aze� RESOLUTION N0. 78-49 AMENDING RESOLUTION NO. 75-66 AND NO. 76-1 WHEREAS, the Board of County Commissioners of Indian River County, Florida has on October 8, 1975 adopted Resolution No. 75-66 known as the"Customer Service, Inc. Sewer and Water Franchise," granting a water and sewer franchise to Customer Service, Inc., a Florida Corporation and has enlarged said franchise service area in Resolution No. 76-1 and WHEREA$ the Board of County Commissioners of Indian River County, Florida has received a request in writing from Customer Service, Inc. for an increase in the Water Hookup and Connection Charge from $400.00 to $1,000.00, and WHEREAS, after public notice and public hearing, the Board of County Commissioners finds the requested increase to be feasible and in the public interest and that Section 14 of the "Customer Service, Inc. Sewer and -Water Franchise" should be amended accordingly,, THEREFORE, be it resolved by the Board of County Commissioner: of Indian River County, Florida that: ° 1. Section 14 of Customer Service,-Iric., Sewer and Water Franchise is hereby amended as follows: SINGLE FAMILY AND DUPLEX RESIDENCES Water Hookup and Connection Charge $1,000.00 Said change to be effective on July 19, 1978. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida, has caused this Resolution to be executed in the name of,the County of Indian River by the Chairman of the Board of County Commissioners, and its seal to be affixed a attested by its Clerk, and adopted on the 19th day of July, 1978. COUNTY OF INDIAN RIVER, FLORIDA BY: ot th Board o County Commissioners Signed, sealed and delivered in the presence of ATTEST: Freda Wright, CletR to both parties JUL 191978 a i RICHARD P. SMOSIAN ATTORNEY AT LAW - 1418 TWENTY-FIRST STREET VERO BEACH. FLORIDA aze� RESOLUTION N0. 78-49 AMENDING RESOLUTION NO. 75-66 AND NO. 76-1 WHEREAS, the Board of County Commissioners of Indian River County, Florida has on October 8, 1975 adopted Resolution No. 75-66 known as the"Customer Service, Inc. Sewer and Water Franchise," granting a water and sewer franchise to Customer Service, Inc., a Florida Corporation and has enlarged said franchise service area in Resolution No. 76-1 and WHEREA$ the Board of County Commissioners of Indian River County, Florida has received a request in writing from Customer Service, Inc. for an increase in the Water Hookup and Connection Charge from $400.00 to $1,000.00, and WHEREAS, after public notice and public hearing, the Board of County Commissioners finds the requested increase to be feasible and in the public interest and that Section 14 of the "Customer Service, Inc. Sewer and -Water Franchise" should be amended accordingly,, THEREFORE, be it resolved by the Board of County Commissioner: of Indian River County, Florida that: ° 1. Section 14 of Customer Service,-Iric., Sewer and Water Franchise is hereby amended as follows: SINGLE FAMILY AND DUPLEX RESIDENCES Water Hookup and Connection Charge $1,000.00 Said change to be effective on July 19, 1978. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida, has caused this Resolution to be executed in the name of,the County of Indian River by the Chairman of the Board of County Commissioners, and its seal to be affixed a attested by its Clerk, and adopted on the 19th day of July, 1978. COUNTY OF INDIAN RIVER, FLORIDA BY: ot th Board o County Commissioners Signed, sealed and delivered in the presence of ATTEST: Freda Wright, CletR to both parties JUL 191978 ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY COLLINS TO ADVERTISE A PUBLIC HEARING ON A PROPOSED RECREATIONAL VEHICLE ORDINANCE AMENDMENT FOR SEPTEMBER 20, 1978. ATTORNEY COLLINS REVIEWED AN AGREEMENT FORM PREPARED SOMETIME AGO -IN REGARD TO THE USE OF POLLING FACILITIES, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE SUPERVISOR OF ELECTIONS TO USE THE PROPOSED AGREEMENT FORM REGARDING USE OF POLLING PLACES AND SEND THEM OUT TO BE SIGNED. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER -DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 78-50 APPOINTING FIVE MEMBERS TO THE COUNTY BOARD OF ADJUSTMENT AND APPEALS. JUL 191, i� I� RESOLUTION NO. 78-50 WHEREAS, The Board of County Commissioners of Indian River County, Florida, by Ordinance No. 77-10 adopted the Standard Building Code, 1976 Edition, prepared by the Southern Building Code Congress International, Inc.; and .WHEREAS, Sections 111 through 115 of the Standard Building Code, as adopted by Indian River County Ordinance, pertains to the creation and other applicable provisions of the Board of Adjustments and Appeals; and WHEREAS, pursuant to Section 111, the Bo&trd of County Commissioners for Indian River County hereby appoints five members to serve on the Board of Adjustments and Appeals. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, the following members and their intial terms are appointed to serve on the 4 INDIAN RIVER COUNTY BOARD OF ADJUSTMENTS AND APPEALS created pursuant to Indian River County Ordinance No. 77-10, which Ordinance adopted the Standard Building Code, 1976 Edition: John W. Calmes Architect 2 years 936 - 47th Avenue County Norman W.'Hensick, Jr. General Contractor 2 years 1125 - 12th Street County Dean F. Luethje Civil Engineer 1 year 2136 Seville Avenue City. Edward M. Netto General Contractor 3 years 1684 - 33rd Avenue City '_ Peter G. Robinson General Contractor 1 year. 315 Greytwig Road City Said Resolution shall become effective as of the 19th day of .Tule . 1978• BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By22:L�-_C)65 4 William C. Wodtke, Jr., airman Attest: l� Freda Wright, C eik . u THE HOUR OF 11:30 O'CLOCK A.M. HAVING PASSED,, THE DEPUTY CLERK READ THE FOLLOWING MOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS -JOURNAL Published Weekly i 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 in the matter of �2/ f �� !�� n -� A — a 16 in the n ' / Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press-Joumal 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 r 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 a Of, A.D. (B i ess Manager) ' (Clerk of the Circuit Court, In iA River County, Florida) (SEAQ NOTICE NOTICE IS -HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will hold a public hearing on July 19, 1978, at 11:30 o'clock A.M. in the County Commission Chambers at the Indian River County Courthouse to consider the adoption of: An Ordinance to levy and impose a two Percent (2 percent) Tourist Development Tax pursuant to the Local Option Tourist Development Act recently enacted by the Legislature for the State of Florida; providing for the collection of said tax; providing that the revenues so raised be utilized to implement the Indian River County Tourist Development Pian; providing for the adoption of an Indian River County Tourist Development Plan; establishing an Indian River County Tourist Development Council; providing for the terms, qualifications and powers of the members of said Council; providing for the :7 establishment of an Indian River County Tourist and Visitors Bureau; providing for compliance with Chapter 77.209, Laws of Florida; providing for penalties for failure to collect the tax levied; providing for repeal of the tax by referendum election; and providing an effective date. Board of County Commissioners of Indian River County, Florida By: -s -William C. Wodtke Jr., Chairman June 28,1978. CHMMAN WODTKE INFORMED THE PRESS THAT THE VACANCY ON THE TOURIST DEVELOPMENT COUNCIL HAS BEEN FILLED BY THE APPOINTMENT OF ROBERT BRADLEY -AND THE.BOARD HAS FORMALLY ADOPTED THE BUDGET PRESENTED BY THE COUNCIL, HE STATED THAT THE PURPOSE OF THIS HEARING IS TO HAVE PUBLIC INPUT ON THE ORDINANCE THAT HAS BEEN DRAFTED. THIS MATTER WILL THEN BE PUT ON THE SEPTEMBER 12TH BALLOT FOR APPROVAL OR REJECTION BY THE TAXPAYERS OF THE COUNTY, ATTORNEY COLLINS REVIEWED THE PROPOSED ORDINANCE, NOTING ,.. _ .... . . - - ... ... ..... . ... _.. ..... .. . . .. . THAT I.T INCLUDES A BREADKOWN OF THE BUDGET AND THE RECOMMENDATIONS OF THE TOURIST DEVELOPMENT COUNCIL. HE INFORMED THE BOARD THAT MOST OF 40 35 FBF J U L 19 1978 'Y THE PROVISIONS IN THE ORDINANCE TRACK THE STATUTE. ALDIS BUTLER SPOKE ON BEHALF OF THE TOURIST DEVELOPMENT COUNCIL AND COMMENTED ON THE PROVISION FOR TAXING A FACILITY OTHER THAN A HOTEL ROOM, SUCH AS A CONDOMINIUM, WHICH HE FELT IS A CONTROVERSIAL QUESTION. MR. BUTLER THEN QUOTED TO THE BOARD FROM A LETTER RECEIVED FROM THE STATE OF FLORIDA, DEPARTMENT OF REVENUE, AS FOLLOWS: "WHEN THE AWNER.OF A SINGLE FAMILY DWELLING IN A CONDOMINIUM APARTMENT HOUSE, OR THE PRIME LEASEHOLDER (OWNER) OF A SINGLE FAMILY DWELLING IN A COOPERATIVELY OWNED APARTMENT HOUSE RENTS HIS APARTMENT, THE RENTAL CHARGE IS NOT SUBJECT TO TAX, AS SUCH RENTALS ARE REGARDED AS RENTALS OF SINGLE FAMILY DWELLINGS. HOWEVER, WHEN ANY OWNER OFFERS MORE THAN ONE SINGLE FAMILY DWELLING FOR RENT IN ANY ONE CONDOMINIUM OR COOPERATIVE APART- MENT HOUSE, ALL SUCH RENTAL CHARGES MADE BY SUCH OWNER ARE TAXABLE.a MR. BUTLER FELT THIS SHOULD ALLEVIATE THE CONCERN THAT IS PREVALENT IN THE COMMUNITY. SAID LETTER FROM THE DEPARTMENT OF REVENUE, DATED .JANUARY 20, 1978, IS HEREBY MADE A PART OF THE MINUTES. 41 JL 19 1978 �- 1. _ _35 PA -1 -IF 343 . t e .' ,,, (•y��A.'�[L�,,7U1•' 1'i.(y�tlt1'1�)A�r �t�{�, �'�r� - ��J�. L9►.lb•�.b A�.i.:/.lV �.i., �.S.IT 3.il.�l% `�,1'�1 4J •i�'i TAjrA AHAilB::tb, 1:304 F- . PUFFER ItARRY L. COE. JIM patCtt•� t.4�tsa+q the 7w�l,nnxnw "Stun" O/NitTO" ,atjltal'y 209 is JAS 2 � ►•�:3 _ � - • - Honorable Myatt Brown . gepresentutive. 31st District KbUse office Building T3tlltrhn:::e:e, Flo 32304 RE: profktsed 1, -S - Local Option Tourist Develoim ent. Act t tear Hyatt: six proposed rules dealing with the Local >r am enclosing copies of option Tourist Development Act, as discussed in a meeting with you of . 8�nnary lfi, lo7ft. . 9 * -o proposed rules are scheduled to be pre -;crated to t.htt C:�wrrnt,l rad Cabinet: on gF�l.tcu:►ry 7, ].�17i3. c tt�lt ore alta: {„•1uq lttt'w:trdtrtl !'.a Ihc.�uc wLu ttgltt��::to-d ultras al yutu' N October 11, 1977, ctnnmi.tice. mttt•l ing. Since .ly your.:;, j r(,.. for, Sales and Use Tax Division s t FSP:bt t Enclosures cc: Mr. bete Pallas,Staff Director ('rmn►St.tt:�• alt Taurit:m & I:cunomi�: Ikwt•1c.�p,nu•nl: 322 '!louse: Of ti"' ]lui.lr"ng 9allahassPu, rL 32304 Honorable Dick J. Batchelor Representative, 43rd District 420 House Office Building Tallahassee, rL 32304. . AN EQUAL 01'1'iI:I TUNI'IY C�a'I.UYER • P ..� k I T' . I 44d JUL 191978 o d 0 Honorablo Ityatt Brown January 20, 1978 Page Two S cc: Honorable Pat Frank Repre:sclstative, 67th District suite C 238 Fast Davis Boulevard Tampa, FL 33606 11onorable Lawrence R. Kirkwood Representative, 38th District 3001 Aluma Avenue, suite 7.06 Winter Imik, Vh -12792 r 11onuri.blu Pollan Ready Representative, 51st District I'lsal OI 1. ic:as Iwx 1.4ts1 .bakeland, FL 33002 Mr. George A. Allen Director of Public Relations Florida Chamber of Commerce Post Office Box 5497 Tallahassee, FL 32301 16— Wna 11.•1111 --cm, t:rl i 1 car lrlorlrll I141tcel••Mut.c'1 N2:ws Florida Hotel and Motel A..etsociation, Inc:. pots F. UfLic:u luix 17%4 Titl'1a14it:.:ue:, 1•'l, 32302 } A1r. (:urdun II, tt:c r r 1 N Atrornt:y at Law Gray, Adams, Itarris & Robinson, P.A. Post Office Box 3068 Orlando, FL 32£302 JUL 19 1978 MILE 12A-2.01, DEPARTMENT OF REVENUE, STATr OF FLORID CIIAPTF.R 125, FTDRJDA STATUTES 22A-2.01 IA.►ses' r:ubjec:t to t.-.►x. (1) For the purpose of this act, every tenant orho occupies a tas able facility without a leasee in excens of six tenths ::hall be r • t ia, I I (-- requirml to )ray tax 4r,n jil 1 to lei n 1•rrullur•41 ohrri �`irl 1 h.- f i rnt six months of occupancy. However, a lease for a term in excess of six Months is not :subject to tax unless the lease is terminated prior to _._ the ext;iration of the first six month. of ite; term. General Authority Chapter 77-209, Section 3(l), Laws of Florida (125.0104(3)(x), F.S.); Chapter. 77-209, • Section 3(10), Laws of Florida'(125.0104(3)(j), - . F.S.) • Law Implemented 'Chapter 77-209, Laws of Florida (125.0104, F.&•) J U L 19.1878 • UJIM 12A-2.02 pEp�TNT OF RL•VENUE, STATE OF FLORIDA CIIAM•F R 125, FLORIDA STAT UTFS 2A_?.C2 Taxab]e status of tenant:: On (effect:ive c]:tte of lt:vy.of thy= - (1) Any tenant who has completed less than six months' Occupancy 'in a facility taxable under this act on the date the 0 1,e_.,v1Cof the tax becomes effective_ and who does not have a lease In exceas of six months shall be required to hay tax on all rental payments made subsequent to that data until he hau completed -".Ix " months'_ occupancy in that facility. For example, a person who did not hive a lea -.o for more th.ue nix moleth•c alid who ht.q.u1 hi:1 a occupancy four muietlin prior to the effective date of the levy and imposition of the tax, would be required to pay tax for a period of two, months. Any tenant who has completed more than six months' residency in--the-same facility at the time of the effective date of the levy of the tax is not subject to said tax so long as ht -'continues to i ronide in that faollity. General Authority Chapter 77-•209, Section 3(1), Laws of Florida (125.0109(3)(a), F.S.)t Chapter 77-209, Section 3(10), Laws of Florida (125.0104(3)(7). F.S.) Y;aw imp s, -tented Chapter 77-209, I.awa of Florida (12";.0104, F.S.) ! JUL X 91978 15 6 RULE 12A-2.03 DEPAkr.1-I NT OF I RVI.21UF, STATF OF FT 0RI 01 ` CIMPTER 125, FLORIDA STATIMES 12-2.03 Condominiumtt and can orativtel. Owned a strt.nu+nts. - (1) Monthly service charges paid by owners of apartments in a condominium or cooperatively owned apartment house are not rental, e and therefor,not taxable. When the owner of a single family dwpll.ita , • in a condominium apartment house, or the prime leaseholder (oviner) of " a •sinnln family dw.-llinq in a Coo erativvI cwnr_d a trtment ltonse rents _ _ _ _ _ �. �Y Com_ . _._�______. 4391 :eLet•tm.•u1:1_ihr re•nl_..I eh:eeels. In not c:nLje•rt its t:ea, :ltt. e:urh +e•nt.+l are regarded as rentals of single family &%,ellings. however, when tiny owner offers morft than one situtle family dwelling forrtint in any onn - mnile-sminittm or coorrorative t+paltn►R•ttt hotr_; all t:urh rental C.harnp••: ' made b taic:h ownar are. tavdble.. .____... _Y_.__.__ Guneral Authority Chapter '17-211rt, .:uertic►++ ?,. I..+w:t cif Ploritia (125.0104 (7.) , F .S.) ; Maj+t'r•r 77•-209, S e•ect ion 3(l), Laws of Florida (125.0104(3) (a) , 1'.S.) ; Chapter 77-209, Suction 3(10), Laws of Florida ' (1?.5.0104(3) (j).,• F.S.}: ?.17..0'l.(f�) (b), k'.^,.: � 124-1.G1 (71) . 1•':A.('. •Low Tmplementecl Chapter. 77-709, Tyw:t of Florida (17.5.(1104, ' F.S.) e + eil F JUL 9 1978 o RULE 12A-2.04 DEPARTMENT OF IdBMMIF.., STATF. OF FLnIiTnh OtAWEIt 125, FLORIDA LIVIVIVS 12A-2.04 housing Authorities. ° (1) Rentiil of living accommodations in facilities m4ned or operated by Rousing Authorities, as defined in Section 421.03, •Florida Statutes, are not taxable under Section 423.02, Florida Statutes. General Authority Chapter 77-209, Section 2, Laws of Florida (125.0104(2), F.S.); Chapter k 77-209, Section 3(10), Laws of Florida (125.0104(3)(j), F.S.); 212.0i3(10), F.S.; 12A-1.61(1), F.A.C. • Law Implemented Chapter 77-209, Laws of,Florida (125.0104, Y• o r ° f JUL 19 1978 e , e • e .L • I i RULK 12A-2.05. Uhl'Altitt�;M't• f)F ta:Vlita)F:, PA•I.1: U!•• FLORIDA CHAPTER 125, FLORIDA STA'LlYrF.S 1211-2.05 Ilomr.. for Out aged. 6 (1) Institutionu designed rid operated primarily for the • Care of persons who are ill, acted, infirm, menta ly or physically Y jncapacitatec& or for any reason depends+nt- upon especial care or • i attention are not taxable facilities as defined by Section 125.0104, F.S., and, therefore, charges made for living acconunodati.ons i d In such facilities are not subject to th•> tax levied under this: .pct. General Authority Chapter 77-209, Section 2, lzws of Florida e (125.0104(2), F'.S.): Chapter -77-209, Section i 3(10), Laws of Florida (125.0104(3)(j), F.S.); 212.08(7)(d), F.S.= 12A-1.01(11), F.A.C. Lai# Implemented Chapter 77-209, 1;aws of Florida (125.0104, P.s.) t: • J !_ T. JUL g 197$ DEPARTMENT OF I:I•NT.mul-, STrVrr OF FIDRIDA CIt� AII=R 11S, FLORTDA STryn)TJ.S 12A-2.06 Rentsiinvolvinq fractions of a dollar attid collection and computation thereof. JI) In tho:.e counties or nuh-county s�n:cial ditrict s whnrr. the Iax..ir; lc•vicx►•.it. tlte• ratt• or 1%, tine ecu! I.tx :11.111 ter• rh.u•rtrrl upon each dollar of rent. On rents involving fractional dollars If the fraction is .50 cents or less; no tax shall be charged; if the fraction is .51 cents or. more__ 01 cent shall be chargecl on the fraction. i In those counties or sub -county special districts where the • r . .tax is Levied at the rate of 2%, two cents ta7 shall be? charcied upon each dollar of rent. On rents involving fractional dollars if the �fraction is .50 cents or less no tax shall lie chargad; if the fraction is .51 cents or more .02 cents shall he charged on the fraction. • Tax >shsttl he romknited u)rcrn tht, total rort::i.c'r_ra_t3_ejn cl for. thor Jt 0, 1_t pf ter t utrtnr, 1trluYt• ak{ltu�- ,I.tlrt s:nlr•e: I.tX, i t«.rt•I•l ie .tl,lr.--__ The total aasnutt: of ta>:e!, ac:t:urtljycolir cl.crthh•tl l Lr rctnittvd _. _.._. _ . r- ` - -- ----�� to the Department of Revenue, .les. 3% allowed the: dealer for. � Collectinel t oro•_ The 1% c nllr•ct it�t►-.�i lnw,tuca� ~:11.111 unl� lauthorizod -lahtnn the tax -herr: tre•er1 rr'o arrrl :ux•etunt red for and :t re•tut it and wstylnr nt i of tfir t.ax, i. t itnr•1y«m:rrlr• C neral Authority Chapter 77-2.09, Section 3(3), Lawn of Florida Law Imltic•I entad J U L 191978 - Section 3(G), 1.aw::.cr1. 1'lcrricl.t (12r..r.010413)(I), F.S.); Chapter 77-2.09, Section 3 (10)., Laws 'of Florida (125.0104(3)(j), F.S.); 212.12(1), F.S. Ch,pter 77-2.09, I,:►ws of Florid 1 (125.0104, •1••.&. ) • j , f 0 Ll 0 MR. BUTLER THEN EXPLAINED THAT THE TOURIST DEVELOPMENT COUNCIL HAS ELECTED:TO ALLOCATE A LARGE PERCENTAGE OF THE REVENUES GAINED TO IMPROVE THE FACILITIES OF THE COUNTY RATHER THAN DEVOTING THEM MAINLY TO ADVERTISING TO ATTRACT MORE TOURISTS. ANY ADVERTISING WILL BE CONCENTRATED ON THE SUMMER SEASON, THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. CAROLL PALMER, PRESIDENT OF THE TAXPAYERS ASSOCIATION, INFORMED THE BOARD THAT THE ASSOCIATION HAS NOT YET TAKEN A STAND ON THIS MATTER; BUT WILL HAVE A SPECIAL MEETING ON AUGUST 9TH AND MAKE A DECISION AT THAT TIME. HE STATED THAT HE PERSONALLY WISHED TO ADDRESS SOME OF THE ASPECTS OF THIS MATTER. MR. PALMER NOTED THAT FUNDAMENTALLY, THIS IS A TAX, AND THE CLIMATE FOR VOTERS TO APPROVE TAX MEASURES IS NOT GOOD AT THIS TIME. HE FELT THERE IS A GOOD DEAL OF UNEASINESS ON THE PART OF THE VOTERS ABOUT SUCH A TAX, BUT THAT MR. BUTLER HAS HELPED CLARIFY ONE OF THE PRIME CONCERNS WHICH INVOLVES PEOPLE WHO OWN INDIVIDUAL APARTMENTS OR CONDOMINIUMS. MR. PALMER SUGGESTED THAT THE BOARD MAKE THE PROPOSED ORDINANCE MORE AMENABLE TO THE VOTERS BY AMENDING SECTION I SAY TO SPECIFY THAT SINGLE APARTMENTS AND CONDOMINIUMS WILL NOT BE SUBJECT TO THIS TAX. HE THEN NOTED THERE WOULD BE A DUAL TAXATION PROBLEM INVOLVING THE CITY OF VERO BEACH. MR. PALMER POINTED OUT THAT PERHAPS AS MUCH AS 90% OF THE REVENUES UNDER THIS ORDINANCE WILL BE DERIVED FROM THE CITY OF VERO BEACH, BUT A LARGE PART OF'THE FUNDS ARE ALLOCATED TO BE SPENT OUTSIDE OF THE CITY LIMITS. MR. PALMER ASKED THAT THE BOARD CONSIDER AMENDING SECTION 9 SO THAT THE ORDINANCE WOULD TERMINATE TWO YEARS FROM THE1'TI:ME IT IS VOTED IN, WHICH HE FELT WOULD PROVIDE A SUFFICIENT TRIAL PERIOD. HE FURTHER RECOMMENDED THAT SECTION 4 BE DELETED .SO THAT NO REVENUE COULD BE PLEDGED BEYOND THE TERMINATION OF THE ORDINANCE AND THERE WOULD BE NO INDEBTEDNESS. THIS WOULD ALSO INVOLVE AMENDING SECTION 3 SO ALL MEMBERSOF THE COUNCIL -WOULD HAVE A TWO-YEAR TERM. MR. PALMER RE -ITERATED THAT THESE ARE HIS PERSONAL PROPOSALS. jaigig's 50 �'"=3,52 COMMISSIONER SIEBERT NOTED THAT COUNTY RESIDENTS WILL NOT BE THE ONES PAYING THIS TAX AND ASKED IF MR. PALMER DID NOT FEEL THE VISITORS SHOULD PARTICIPATE BY HELPING TO PAY FOR FACILITIES THAT WILL MAKE THEIR STAY MORE ENJOYABLE. MR. PALMER STATED THAT HE DOES NOT FEEL TAXES ARE NECESSARY TO GENERATE IMPROVEMENTS. COMMISSIONER SIEBERT STATED THAT HE DID NOT KNOW OF ANY OTHER WAY TO GENERATE MONEY FOR PUBLIC IMPROVEMENTS BESIDES AN AD VALOREM TAX, AND MR. PALMER POINTED OUT THAT,AT LEAST,IS A MORE VISIBLE TAX. STATE REPRESENTATIVE DALE PATCHETT INFORMED THE BOARD THAT IF OWNERS CURRENTLY PAY SALES TAX ON A RESIDENCE THEY RENT, THEY WILL HAVE TO PAY THE TOURIST DEVELOPMENT TAX ALSO, HE SUGGESTED THAT IT MIGHT BE BETTER TO PUT THIS ISSUE ON THE BALLOT IN NOVEMBER RATHER THAN SEPTEMBER TO GET A TRUER REFLECTION OF THE VOTER9' OPINION. REPRESENTATIVE PATCHETT INFORMED THE BOARD THAT IN SOME OTHER COUNTYS, THEIR COLLECTIONS ARE RUNNING WAY AHEAD OF THEIR PROJECTIONS, AND SUGGESTED THE BOARD CONSIDER GOING BACK TO 1% AND APPROACHING THIS MORE SLOWLY. MRS. BEULAH LAW.. A MEMBER OF THE COMMITTEE THAT IS GOING TO MAKE A REPORT TO THE TAXPAYERS ASSOCIATION, STATED THAT SHE PERSONALLY WOULD LIKE TO SEE AT LEAST 75% OF THESE FUNDS GO TO FACILITIES RATHER THAN ADVERTISING AND WOULD LIKE TO SEE AMBERSAND BEACH INCLUDED IN THE BUDGET. WILLIAM KOOLAGE, INTERESTED CITIZEN, ASKED IF THE PERCENTAGES SHOWN IN THE BUDGET WILL HOLD FOR THE LIFE OF THE ORDINANCE,AND COMMISSIONER SIEBERT STATED THAT IT IS A TWO-YEAR BUGET. MR. KOOLAGE POINTED OUT THAT IN TWO YEARS YOU COULD HAVE AN ENTIRELY DIFFERENT ALLOCATION WHICH MIGHT BE TOTALLY DIRECTED TOWARDS ATTRACTING TOURISTS. HE STATED HE REALIZES THAT THIS IS A TAX ON TOURISTS, BUT ALL WE DO IS 'TAX -TAX -TAX.` HE QUESTIONED A FIGURE OF $$0,000 FOR A WALKWAY ALONG THE RIVER AND FELT THAT MOST PEOPLE DONT WANT MORE TOURISTS SUMMER OR WINTER. MR. KOOLAGE CONTINUED THAT ALTHOUGH THIS IS A TAX ON TOURISTS, IT IS NOT 51 .MYfY �D�y�/•pl` til. JUL 19 1978 . ADMINISTERED BY A PUBLIC BODY, AND HE IS AGAINST MONEY BEING ADMINISTERED BY ANYTHING OTHER THAN A PUBLIC BODY. HE FURTHER NOTED THAT THE RECALL REFERENDUM IS A DIFFICULT THING. MR. KOOLAGE ABACTED TO THE PHILOSOPHY BEHIND THE TOURIST TAX AND DID NOT FEEL IT IS NEEDED HERE. MR. KOOLAGE POINTED OUT THAT ANY FACILITIES GAINED THROUGH THIS TAX WOULD AFFECT THE AD VALOREM TAX BECAUSE THEY WILL HAVE TO BE MAINTAINED. HE ALSO FELT HAVING THE REFERENDUM ON THE SEPTEMBER BALLOT IS WRONG�BECAUSE MANY PERMANENT RESIDENTS WILL NOT BE HERE. HE FURTHER BROUGHT UP THE PRESENT WATER AND SEWER PROBLEMS WHICH MORE TOURISTS WOULD ONLY AGGRAVATE. TOM LOCKWOOD, CITY COUNCILMAN AND MEMBER OF THE TOURIST DEVELOPMENT COUNCIL, STATED THAT IN REGARD TO POLICING THE DISTRIBUTION OF THESE FUNDS, HE FELT THE COUNTY COMMISSION HAS'THE FINAL SAY-SO BY ADOPTING THE BUDGET, WHICH IS A SAFEGUARD. HE CONTINUED THAT HE WOULD SUPPORT HAVING A TWO-YEAR LIMITATION ON THIS TAX AND THEN REVIEWING IT AND ALSO FELT THAT POSSIBLY GREATER EMPHASIS SHOULD BE PLACED ON THE AREA GENERATING MOST OF THIS TAX, WHICH WOULD BE THE CITY. MR. LOCKWOOD STATED THAT HE DID FEEL THAT THE PROPOSED TAX HAS MERIT, BUT THAT IT NEEDS TO BE FINE TUNED. DAVID GREGG, CITY COUNCILMAN, STATED THAT HE APPEARED AS AN INDIVIDUAL, AND FIRST AND FOREMOST, WOULD POINT OUT THAT THE CITY OF V.ERO BEACH HAS HAD NO INPUT INTO WHERE THE FUNDS WOULD BE USED, WHICH HE FELT IS A GREAT MISTAKE BECAUSE°THE PEOPLE WHO ARE MOST CONCERNED WITH PROVI.ING SERVICES FOR THE TOURIST INDUSTRY SHOULD BE INVOLVED IN THE SELECTION OF THESE ITEMS. HE DID NOT BELIEVE THAT THE CITY WOULD CONSIDER $80,009 FOR A WALKWAY ALONG THE RIVER AT THE CIVIC ARTS CENTER ONE OF THEIR HIGH PRIORITIES. SIR. GREGG ALSO FELT STRONGLY THAT THE TAX SHOULD EXPIRE AT THE END OF TWO YEARS AND NOTED THAT EVERY TIME YOU PUT UP A CAPITAL ASSET, SOMEONE HAS TO PUT IN THE MONEY FOR. MAINTENANCE AND OPERATION. COMMISSIONER SIEBERT COMMENTED THAT HE FELT THE REASON' TOM LOCKWOOD WAS ON THE TOURIST DEVELOPMENT COUNCIL WAS SPECIFICALLY FOR INPUT FROM THE CITY OF VERO BEACH. HE FURTHER NOTED THAT APPROXIMATELY 70% OF THE MONEY WILL BE SPENT WITHIN THE CITY. COUNCILMAN GREGG ASKED IF THE MONIES DESIGNATED FOR THE 52 0 CHAMBER OF COMMERCE WOULD BE IN LIEU OF MONEY USUALLY GIVEN THEM BY THE COUNTY, AND CHAIRMAN WODTKE STATED THAT HE DID NOT FEEL THESE MONIES ARE MEANT TO BE IN LIEU OF ANYTHING. . COMMISSIONER Loy POINTED OUT THAT THE TOURIST DEVELOPMENT COUNCIL RECEIVED A REQUEST FROM THE CITY OF VERO BEACH FOR CAPITAL IMPROVEMENTS OF OVER FOUR MILLION DOLLARS SO SHE FELT THE CITY DID HAVE INPUT. CITY. -COUNCILMAN LOCKWOOD AGREED THAT CITY MANAGER LITTLE HAD SUBMITTED TO THE TOURIST DEVLOPMENT COUNCIL A LIST OF 4.4 MILLION WORTH OF IMPROVEMENTS. HE. POINTED OUT THAT THIS IS A PROPOSED BUDGET AND HAS NOT BEEN FINALIZED, AND WHEN IT IS FINALIZED, HE -WOULD .THEN PROPOSE TO TAKE IT BEFORE THE CITY COUNCIL. CHAIRMAN WODTKE NOTED THAT THE TOURIST DEVELOPMENT COUNCIL BUDGET IS NOT ETCHED IN STONE AS TO PARTICULAR PROJECTS, BUT IT IS PRETTY MUCH AS TO THE PERCENTAGES OF DISTRIBUTION. COUNCILMAN GREGG ASKED IF THE BOARD IS LOCKED INTO THE PROPOSED BUDGET ONCE THE ORDINANCE IS PASSED, AND ATTORNEY COLLINS STATED THAT THEY COULD -PASS AN AMENDING ORDINANCE, BUT HE FELT IF THESE ARE NOT THE PRIORITIES DESIRED, THEY SHOULD BE CHANGED NOW RATHER THAN LEFT TILL LATER, LLOYD BERNEGGER ASKED HOW MANY OTHER MEETINGS WILL BE HELD ON THIS MATTER BEFORE THE SEPTEMBER TARGET DATE, AND CHAIRMAN WODTKE STATED THAT THIS WOULD BE THE LAST BOARD MEETING UNLESS THE PUBLIC HEARING WERE CONTINUED, BUT THERE WOULD BE OTHER MEETINGS OF THE TOURIST DEVELOPMENT COUNCIL. CARROLL PALMER AGAIN SUGGESTING AMENDING THE SECTION I (A) OF PROPOSED ORDINANCE TO SPECIFY THAT SINGLE APARTMENTS AND CONDOMINIUMS WOULD NOT BE SUBJECT TO THE TAX. CHAIRMAN WODTKE POINTED OUT THAT THIS IS REGULATED BY FLORIDA LAW AND WE CANT PUT•ANYTHING IN THE ORDINANCE TO SUPERSEDE STATE STATUTE. THE CHAIRMAN FURTHER NOTED THAT THE TOURIST DEVELOPMENT COUNCIL PREFERS THE+SEPTEMBER PRIMARY DUE TO THE LENGTH OF THE BALLOT AND ALSO BECAUSE IT WOULD MAKE THE TAX CONCURRENT WITH THE COUNTY'S FISCAL YEAR. 53 __ sw i8x°R35,355 r�u., AFTER SOME DISCUSSION, THE BOARD AGREED TO RECESS FOR LUNCH AND CONTINUE THE PUBLIC HEARING•AT 1:30 O'CLOCK P.M. THE BOARD THEREUPON RECESSED AT 12:45 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 2:00 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. CHAIRMAN WODTKE ANNOUNCED THAT THE PUBLIC HEARING ON THE TOURIST DEVELOPMENT TAX ORDINANCE WOULD CONTINUE AT THIS TIME. COMMISSIONER SCHMUCKER NOTED THAT THIS ORDINANCE IS IN ACCORDANCE WITH STATE LAW, AND THE INTERPRETATION OF WHETHER YOU DQ OR DO NOT PAY THE TAX IS UP TO THE STATE. ALSO A TWO-YEAR LIMITATION WOULD NOT BE INACCORDANCE WITH STATE LAW WHICH REQUIRES THE TOURIST DEVELOPMENT COUNCIL MEMBERS TO BE APPOINTED FOR FOUR- YEAR TERMS. HE POINTED OUT THAT THIS MUST BE PRESENTED TO THE ELECTORATE AS THE PRESENT LAW DICTATES. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY CONTINUED THE PUBLIC HEARING ON THE TOURIST DEVELOPMENT TAX ORDINANCE UNTIL THE NEXT REGULAR COMMISSION MEETING OF AUGUST 9, 1978, AT 11:00 A.M. AND AGREED TO ASK THE TOURIST TAX ADVISORY COUNCIL TO RECONSIDER THE POINTS THAT HAVE BEEN BROUGHT UP TODAY AND, MORE SPECIFICALLY, TO J NVITE THE CITY OF VERO BEACH AND ANYONE ELSE INVOLVED, TO CONSULT WITH THEM ON.THE PROPOSALS MADE. AL AIKEN APPEARED REPRESENTING FLORIDA LAND COMPANY WHICH IS REQUESTING ABANDONMENT OF A PORTION OF PECAN GROVE ROAD AS DISCUSSED AT AN EARLIER MEETING. CHAIRMAN WODTKE ASKED IF THEY HAVE RECEIVED THE CONCURRENCE OF THE DRAINAGE DISTRICT ON THE PROPOSED ABANDONMENT, MR. AIKEN STATED THAT THEY MET WITH THE DRAINAGE DISTRICT LAST WEEK, AT WHICH TIME THE DISTRICT PASSED A RESOLUTION CONCURRING WITH THE ABANDONMENT, BUT IT COULDN'T BE COMPLETED BECAUSE THE CHAIRMAN IS OUT OF TOWN. COMMISSIONER LOY ASKED IF THE DRAINAGE DISTRICT IS IMPOSING ANY CONDITIONS THAT WILL BE A PROBLEM, AND MR. AIKEN STATED THAT THEY HAVE AGREED TO ESCROW DEEDS WITH THEIR ATTORNEY JUL -1 91978 54 UNTIL ALL REQUIREMENTS ARE MET. HE EXPLAINED THAT THEY ARE VACATING A SECTION OF ROADWAY WHICH GOES THROUGH THE CENTER OF THEIR DEVELOPMENT AND JUST WISH TO PUT IN AN ALTERNATE ROADWAY, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER $CHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED ADVERTISING A PUBLIC HEARING ON THE ABANDONMENT OF A PORTION OF PECAN GROVE ROAD FOR AUGUST 9, 1978, AT 10:00 O'CLOCK A.M. ATTORNEY COLLINS INFORMED THE -BOARD THAT, PURSUANT TO THE DIRECTION OF THE COMMISSION AT THE LAST MEETING, HE SENT A CERTIFIED .LETTER TO TREASURE COAST UTILITIES TERMINATING THE SERVICE CONTRACT ON THE PEBBLE BAY SEWER PLANT OWNED BY THE COUNTY. $AID LETTER IS HEREBY MADE A PART OF THE MINUTES. July 6, 1978 Treasure Coast Utlities, Inc. M c/fa Lowell L. Lohman, Presidentp 408 S. W. Old Dixie Highway Vero Beach, Florida ; Dear Mr. Lohman: The Board. of County Commissioners, at their meeting of Wednesday, July 5, 1978, authorized the termination of that Agreement entered into between Indian River County and Treasure Coast Utilities, Inc., regarding the sewer treatment plant and facilities located on part of Government Lot 9, and part of i_Government Lot 10, section 19, Township 32 South, Range 40 _ = East,`which Agreement was dated and accepted April 15, 1976. tO You'are hereby notified that because of your failure to z Comply with the terms of the Contract, specifically the meeting of State standards and daily inspections, said Contract is being terminated. You have been previously notified that your compliance with the Contract was in default and the ; service being provided by your company was not satisfactory to Indian River County. �• Effective 30 days from date, this termination will take effect. Notice is to be sent out to each of your custor•:ers that their bill shall be paid directly to Indian River County rather than to your Firm. In the event you have any questions about this termination or desire to appear before the Hoard of County Commissioners to discuss the termination, please be sure that you are on the Agenda prior to the Wednesday before July 19, 1978. Sincerely, GEORGE G. COLLINS, JR., GGC,Jr/ph Attorney to the Board ` Ca: Alma Lee Loy _. CERTIFIED MAIL RETURN RECEIPT REQUESTED 55 JUL 91978 II I LOWELL LOHMAN, PRESIDENT OF TREASURE COAST UTILITIES, INC., CAME BEFORE THE BOARD AND STATED THAT -HE WAS APPEARING FOR A TWO -FOLD REASON. FIRST, HE INFORMED THE BOARD THAT IT WAS BROUGHT TO HIS ATTENTION LAST WEEK THAT THERE WERE PROBLEMS AT WHISPERING PALMS, AND HE NOW HAS PERSONALLY ANSWERED THE LETTERS OF COMPLAINT AND HAD A MEETING WITH THE PEOPLE LAST.NIGHT. HE CONTINUED THAT HE IS TAKING STEPS TO A.TSUkE THEM THAT THE WATER QUALITY WILL BE AS GOOD AS POSSIBLE AND THE SERVICE WILL BE THERE. MR. LOHMAN STATED THAT HE WORKED OUT AW AGREEMENT WITH MR. PECK, WHO IS ONE OF THOSE WRITING LETTERS OF COMPILAINT, TO ASSIST FROM AN INSPECTION STANDPOINT IN A BACK-UP CAPACITY TO ASSURE THE PROPERTY OWNERS THAT THE PROBLEMS ARE BEING TAKEN CARE OF, MR. LOHMAN NEXT DISCUSSED THE PEBBLE BAY SEWAGE TREATMENT PLANT AND NOTED THAT THEY HAVE BEEN OPERATING THE SYSTEM THERE FOR BETTER THAN FIVE YEARS. HE NOTED THAT APPROXIMATELY THREE OR FOUR MONTHS AGO, THEY HAD ONE OF THE SLUDGE RETURN LINES PLUG UP, AND M ALTHOUGH THEY DO INSPECT THE PLANT DAILY, IT IS POSSIBLE THAT THE LINE COULD HAVE BEEN PLUGGED UP FOR A 24 HOUR PERIOD. MR. LOHMAN „ INFORMED THE BOARD THAT THEY PROMPTLY PULLED THE LINE AND REPAIRED IT, BUT POINTED OUT THAT WHEN YOU CORRECT A PROBLEM AT A SEWAGE PLANT, IT STILL MAY TAKE FOUR OR FIVE DAYS TO RECTIFY THE SITUATION AND GET RID OF THE ODOR. MR. LOHMAN CONTINUED -THAT THEY HAVE NOW ' MADE ARRANGEMENTS FOR THE OPERATOR TO CHECK THE SYSTEM AT 8:00 A.M. AND AGAIN AT 5:00 P.M., WHICH HE FELT WILL ELIMINATE THE POSSIBILITY OF A 24 HOUR LAG AND PREVENT ANY RECURRENCE OF SUCH PROBLEMS. HE STRESSED THAT THIS IS THE ONLY INSTANCE IN THE FIVE YEARS THEY HAVE BEEN OPERATING THE PLANT THAT THEY HAVE HAD AN ODOR PROBLEM. COMMISSIONER LOY NOTED THERE IS QUITE A DIFFERENCE BETWEEN TAKING•CARE OF SOMETHING FOR A GOVERNMENTAL BODY AND DOING IT FOR YOURSELF AND AS FAR AS SHE IS CONCERNED, WHEN SOMEONE WORKS FOR INDIAN RIVER COUNTY, SHE WOULD EXPECT THEM TO BE ON THE JOB ALL THE TIME. SHE NOTED THAT MR. LOHMAN HAS INDICATED THAT HE HAS MADE SOME NEW ARRANGMENTS THAT MAY HELP ACCOMPLISH THIS, BUT REITERATED THAT SHE DOES NOT WANT THIS SEWER PLANT IN TROUBLE WITH ANYONE UNDER ANY 56 JUL 19 1979 0 0 m CIRCUMSTANCES, AND ALSO DOES NOT WANT TO MAKE A PHONE CALL AND NOT BE RESPONDED TO PROMPTLY. COMMISSIONER LOY CONTINUED THAT SHE FEELS IT WAS ANTICIPATED WHEN THE COUNTY BOUGHT THIS PLANT THAT WE WOULD BE OUT OF IT WITHIN A YEAR OR S0, AND SHE FELT MR. LOHMAN SHOULD BE ON NOTICE RIGHT NOW THAT -THE COUNTY IS MAKING EVERY EFFORT IT CAN TO REMOVE THIS PLANT, MR. LOHMAN STATED THAT HE DOES MAKE HIMSELF READILY AVAILABLE AND CAN ALWAYS BE REACHED AT HOME IN THE EVENINGS IF NECESSARY. COMMISSIONER LOY ASKED IF THEY ARE STRAIGHT WITH THE DER, AND MR. LOHMAN STATED THAT THEY HAVE COMPLIED WITH EVERYTHING THEY REQUESTED. COMMISSIONER LOY SUGGESTED THAT IF MR. LOHMAN WILL DO -WHAT HE HAS INDICATED AND STAY IN CLOSE COMMUNICATION AND BE PREPARED FOR THE POSSIBILITY OF THE COUNTY REMOVING THIS PLANT AS SOON AS THEY POSSIBLY CAN, THAT THE BOARD WITHDRAW THEIR REQUEST FOR TERMINATION AT THIS TIME. SHE INFORMED MR. LOHMAN THAT HE WILL NOT GET'A SECOND CHANCE. ATTORNEY COLLINS ASKED IF MR. LOHMAN WOULD APPROVE A 30 -DAY TERMINATION CLAUSE BECAUSE THE COUNTY AT SOME TIME MAY'COME UP WITH A COUNTY EMPLOYEE WHO WOULD BE A QUALIFIED OPERATOR, MR. LOHMAN STATED THAT HE REALIZES THE AGREEMENT CAN BE TERMINATED FOR REASONS OF NEGLECT OR IF THE COUNTY OR CITY PROVIDES THE SERVICES, BUT PREFERRED NOT TO HAVE A 30 -DAY TERMINATION CLAUSE, DISCUSSION CONTINUED IN REGARD TO THE PROPOSED TERMINATION CLAUSE, AND IT WAS NOTED THAT THE PROBLEM WAS BROUGHT TO THE BOARD'S ATTENTION BY THE DER AND WAS NOT AS THE RESULT OF A ROUTINE INSPECTION, AND THE RESPONSE TO THE.PROBLEM WAS ENTIRELY TOO SLOW, COMMISSIONER LOY ASKED MR, LOHMAN TO CONSIDER THE 30 -DAY TERMINATION CLAUSE, WHICH SHE DID NOT FEEL IS AN UNREASONABLE REQUEST IN VIEW OF THE FACT THAT THE COUNTY WILL REMOVE THE PLANT.JUST AS SOON AS THE OPPORTUNITY ARISES. DISCUSSION CONTINUED ON VARIOUS ALTERNATIVES AND CHAIRMAN WODTKE STATED THAT AS LONG AS THE PLANT IS BEING OPERATED PROPERLY, 57 35 FA -359 JUL I9197 ,y HE HAS NO PROBLEM WITH REINSTATING TREASURE COAST, BUT POINTED OUT THAT WE HAVE TO GET INTO A UTILITY DEPARTMENT AND THEN IT CERTAINLY WILL BE IN THE BEST INTERESTS OF THE TAXPAYERS FOR THIS DEPARTMENT TO DO THIS WORK, ATTORNEY COLLINS STATED THAT IT IS NOT HIS INTENT TO SEE TREASURE COAST`REMOVED UNLESS THE COUNTY IS IN A POSITION TO SUPPLY THE SAME SERVICE ItIN-HOUSE.�� HE TOOK THE POSITION THAT THE CONTRACT HAS BEEN EFFECTIVELY TERMINATED NOW. MR. LOHMAN INQUIRED ABOUT THE TIME FRAME FOR THE COUNTY GETTING INTO THE WATER BUSINESS, AND NOTED THAT IF IT WOULD BE A YEAR OR SO BEFORE THE COUNTY WOULD HAVE AN OPERATOR, HE DID NOT FEEL HE WOULD OBJECT TO THE 30 -DAY TERMINATION CLAUSE BUT WOULD LIKE TO CONSULT HIS ATTORNEY BEFORE GIVING A DEFINITE ANSWER. THE BOARD AGREED THAT MR. LOHMAN COULD CONTACT HIS ATTORNEY AND GIVE THEM HIS ANSWER LATER IN THE MEETING. °w juL 91�? ,,V a 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: VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida NOTICE NOTICE IS HEREBY GIVEN that the COUNTY OF INDIAN RIVER: Planning and Zoning Commission of Indian. River STATE OF FLORIDA �' County, Florida, has tentatively ap. proved the following changes and additions to Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath the Zoning Ordinance of River County, that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper >� g y p per published and Florida, which changes and additions are substantially as follows: at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: a That 5 of the South th 1/2 % of the South East 1/art of the North East Ua of �^ the matter of \ i 1, O Section 20, Township 31 South, Range 39 East, lying West of U.S. 1, more particularly described as follows: ti For a Point of Beginning, begin at the South '/� West corner of the South 1/: of the South East 1/4 `I of the North East 1/4 of said Section 20; thence run North 165 feet; thence run East 1104.75 feet ` to West right of way of U.S. 1 Highway, thence in the Court, was pub- Southeasterly along said right of way 184.72 feet; thence West 1188 feet to Point of begin- ning, LESS right of way of Florida East Coast 1 �] Railway. Halted In said newspaper in the Issues of t A -� l_T/ Be changed from C-1 to RAMP District. _I! public hearing in relation thereto at which 0A parties in interest and citizens shall have ar 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, May 25, 1978, at 7:30 P.M., after Vero Beach, in said Indian River County, and that the said newspaper has heretofore which said public hearing in relation thereto at been continuously published in said Indian River County, Florida, weekly and has been entered which parties in interest and citizens shall 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 be held by for a period of one year next preceeding the first publication of the attached copy of adver- the Board of County Commissioners of Indian tisernent; 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- tisement for publication in the said newspaper. thous:, Vero Beach, Florida, on Wednesday, Sworn to before July 19,1978, at 2:00 P.M. Board of County Commissioners Indian River County and subscribed me this day of A.D. By: William C. Wodtke Jr., Chairman Indian River County Planning and Zoning Commission ' f -Manager) By: Dick Bird, Chairman ! (SEAQ (Clerk of the Circuit Court, India Iver County, Florida) � ' May 7,10,1978. THE FOLLOWING NOTICE OF THE PUBLIC HEARING WAS SENT TO BILL RUBLE CONSTRUCTION CORPORATION BY THE CLERK OF THE CIRCUIT COURT AS REQUIRED BY FLORIDA STATUTE 125.66. 59 JUL 1011978 4Iyu�1J.s qVt�— '(J�j$ M 60ARD OF COUNTY COMMISSIONERS , -VWLL L4M'C. WODTKE• JR„ Chairman e ALMA LEE LOY, Vice Chairman WFILLARD W. SIEBERT. JR. ` EDWIN S. SCHMUCKER R. DON DEESON ,//[CIC Ci.JENNWGS. Administrator 2145 14th Avenue Vero Beach. Florida 32960 May 17, 1978 4 Bill Auble Construction Corporation 167 Swamp College Road Trumansburg, New York 14886 Dear Sir: in compliance with Florida Statute 125.66 the following is a Notice 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: That part of the South 165 feet of the South 1/2 of the South East 1/4 of the Northeast 1/4 of Section '20 Township 31 So,, Range 39 East, lying West of U.S. 1, more particularly described as follows: For a p.o.b. begin at the So. W. corner of the So. 1/2 of the So.E. 1/4 of the No.E. 1/4 of said Section '20; thence run No. 165 ft.; thence run East 1104.75 ft. to West right-of-way of U.S. 1 Highway; thence Southeasterly along said right-of-way 184,72 ft.; thence West 1188 ft. to p,o.b., LESS right-of-way of Florida East Coast Railway*. Be changed from C-1 Commercial District to R-lMP Mobile Home Park District. A public hearing; in relation thereto will be held by the Board of County Commissioners of Indian River County, Florida. in the County.Cormiission Room in the County Courthouse, Vero Beach, Florida on Wednesday July 19, 1978 at 2:00 o'clock P.M. Sincerely, OILFreda Wright, Clerk FW: of CC: Richard Altman, Agent; JUL 19 r3 PLANNING DIRECTOR STAN REDICK STATED THAT THIS IS AN EXISTING MOBILE HOME PARK, AND THEY MERELY WANT A CHANGE OF ZONING IN ORDER TO BE ABLE TO IMPROVE THE PARK. MR. REDICK INFORMED THE ION BOARD THAT THIS HAS STAFF APPROVAL, THE PLANNING & ZONINGCOMMISSION NO RECOMMENDS APPROVAL, EVERYTHING IS IN ORDER, AND THERE A OBJECTIONS. THE,:. CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO-BE HEARD. RICHARD ALTMAN OF THE ED SCHLITT REAL ESTATE AGENCY APPEARED AS THE AUTHORIZED REPRESENTATIVE OF MR. AUBLE. HE EX— PLAINED THAT THE SUBJECT PROPERTY, WHICH IS THE MILE OF PINES COURT, IS LOCATED ON U.S. 1, NORTH OF WABASSO. HE PRESENTED THE - -BOARD WITH A SKETCH DEPICTING THE IMPROVEMENTS THAT MR. AUBLE WOULD LIKE TO MAKE AND NOTED THAT THIS WOULD IMPROVE THE COUNTY'S TAX BASE, ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMIS— SIONER SIEBERT, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMIS— SIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE No. 78-21 GRANTING REZONING TO R-1P"lP AS REQUESTED BY BILL AUBLE CONSTRUCTION CO. - s 61 JUL 19 1978 `° ORDINANCE NO- 78-21 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public fearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: That part of the South 165 feet of the South 2 of the South East P. of the North East 4 of Section 20, Township 31 South, Range 39 East, lying West of U. S. 1, more particularly described as follows: For a Point of Beginning, begin at.the South West corner of the South 2 of the South East 4 of the North East ; of said Section 20; thence run North 165 feet; thence run East 1104.75 feet to West right of way of U. S. 1 Highway, thence Southeasterly along said right of way 184.72 feet; thence West 1188 feet to Point of beginning, LESS right of way of Florida East Coast Railway. Be changed from C-1 to R-1MP District. All with the meaning and intent and as set forth and described in said Zoning Regulations. This Ordinance shall take effect July 24, 1978, JUL 191979 r 364 CHAIRMAN WODTKE ANNOUNCED THAT WE W11_L NOW RESUME THE PUBLIC HEARING ON THE REZONING TO R -IA REQUESTED BY THE DETTORES, WHICH PUBLIC HEARING IS CONTINUED FROM THE PREVIOUS MEETING, WHEN NEITHER THE DETTORES NOR THEIR AGENT WAS PRESENT. COMMISSIONER SIEBERT COMMENTED THAT THE ESSENCE OF THE _ L DISCUSSION AT THE PREVIOUS MEETING WAS WHETHER OR NOT R -2B ZONING MIGHT NOT BE MORE APPROPRIATE THAN R -IA, AND CHAIRMAN WODTKE NOTED THAT R -2B WOULD STILL ALLOW THE APPLICANT TO DO HIS DEVELOPMENT IN THE MANNER HE DESIRED AND WOULD ALSO PROTECT THE SURROUNDING PROPERTY OWNERS. PLANNING DIRECTOR REDICK EXPLAINED THAT R -2B IS A MULTIPLE FAMILY ZONE THAT WILL ALLOW SINGLE FAMILY RESIDENCES. MR. ALTMAN INFORMED THE BOARD THAT HE HAD ADVISED MR. •DETTORE THAT THERE WAS AN ABUNDANCE OF COMMERCIAL PROPERTY AVAIL- ABLE IN THIS AREA AND THAT ZONING FOR APARTMENTS MIGHT BE DIFFICULT TO OBTAIN, AND FOR THOSE REASONS AND BECAUSE OF ENVIRONMENTAL PROBLEMS, THE SIX LOT DESIGN WAS DECIDED -UPON. MR. ALTMAN POINTED OUT THAT R-2 ZONING WOULD ALLOW ABOUT 40 FAMILIES ON FIVE ACRES, WHICH HE FELT WOULD NECESSITATE HAVING A TREATMENT PLANT AND STATED THAT.HE COULD NOT SEE HOW R -IA ZONING COULD HURT NEIGHBORING PROPERTY, CHAIRMAN WODTKE NOTED THAT THERE'ARE MANY MOBILE HOMES IN -THE AREA AND BECAUSE OF THE SURROUNDING,USES, THE BOARD WAS CONCERNED AS TO WHETHER R -IA IS BEST SUITED TO THIS AREA. COMMISSIONER SIEBERT CONTINUED THAT THE BOARD ALSO WAS CONCERNED THAT R -1A ZONING MIGHT FORCE THE SURROUNDING PROPERTY OWNERS TO GO THE SAME WAY, AND CHAIRMAN WODTKE POINTED OUT THAT THE PROPERTY SOUTH OF THIS. COULD BE DEVELOPED IN A MOBILE HOME PARK. MR, ALTMAN STATED THAT THE ONLY REASON THEY DIDN'T COME IN WITH A REQUEST FOR R-2 WAS THEY DIDN'T THINK IT WOULD STAND A CHANCE. COMMISSIONER SIEBERT POINTED OUT THAT THERE ARE FISH HOUSES IN THIS AREA. HE FURTHER NOTED THAT R -IA WOULD BE SPOT ZONING IN THE MIDDLE OF C-1. 63 J U L 9 1978 365 >® PLANNING REDICK AGREED THAT BY PUTTING R-1 IN A C-1 AREA YOU COULD BE CREATING A POTENTIAL SITUATION OF CONFLICT. HE FELT A LONG RANGE STUDY OF THE AREA WOULD BE IN ORDER, THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NOME. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMIS— SIONER SIEBERT, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. MOTION WAS MADE BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER SIEBERT, TO DENY THE REQUESTED ZONING CHANGE TO R—IA ON THE BASIS THAT THIS IS MEDIUM DENSITY SURROUNDED BY COMMERCIAL, AND R—IA WOULD NOT BE IN CONFORMANCE WITH THE AREA, COMMISSIONER SIEBERT NOTED THAT HE ACTUALLY WOULD LIKE THE PETITIONER TO HAVE THE OPPORTUNITY TO WITHDRAW AND RESUBMIT RATHER THAN JUST DENY THE REQUEST, ATTORNEY COLLINS STATED THAT THE PETITIONER COULD REAPPLY DIRECTLY TO THE COUNTY COMMISSION WITHOUT HAVING TO GO THROUGH THE WHOLE PROCESS, IF THE BOARD SO DESIRED. a CHAIRMAN WODTKE EXPLAINED TO MR. ALTMAN THAT IF HE WITH— DREW HIS REQUEST, THE BOARD WOULD GIVE HIM THE OPPORTUNITY TO COME DIRECTLY TO THE BOARD WITH HIS SECOND REQUEST. MR. ALTMAN, STATED THAT, IN THIS EVENT, HE WOULD WITHDRAW THE REQUEST MADE BY MR. & MRS. DETTORE FOR REZONING TO R -1A AND WOULD READVERTISE AND REAPPLY TO THE BOARD FOR R 2B ZONING. COMMISSIONER SCHMUCKER WITHDREW HIS MOTION TO DENY THE REZONING, AND COMMISSIONER SIEBERT WITHDREW HIS SECOND. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AGREED TO HEAR THE PETITION FOR REZONING OF THE DETTORE PROPERTY DIRECTLY WITHOUT IT HAVING TO GO BACK TO THE ZONING COMMISSION AND AUTHORIZED ADVERTISEMENT FOR PUBLIC HEARING ON REZONING THE SUBJECT PROPERTY TO R -2B ON AUGUST 23, 1978, AT 2:00 P.M. ATTORNEY WILLIAM CALDWELL CAME BEFORE THE BOARD REPRESENT— ING PROPERTY OWNERS EAST OF WAB ASSO BRIDGE AND NORTH OF THE TOWN OF 64 j If JUL 191978 0 INDIAN RIVER SHORES. HE SHOWED THE BOARD A SKETCH DEPICTING THE EXISTING WATER MUNICIPAL SERVICE TAXING DISTRICT AND LOCATING THE PROPERTY OWNERS IN THIS AREA WHO ARE INTERESTED IN GETTING POTABLE WATER. ATTORNEY CALDWELL INFORMED THE BOARD THAT THESE PROPERTY OWNERS HIRED AN ENGINEERING FIRM,.WHICH IS AN AFFILIATE OF ONE OF THE LARGEST ENVIRONMENTAL ENGINEERS IN THE COUNTRY, TO REPORT ON THE VARIOUS ALjTERNATIVES FOR OBTAINING WATER FOR THIS AREA. HE STATED THE REPORT IS NOT MEANT TO BE THE ANSWER TO EVERYTHING, BUT TO PROVIDE A BASIS FROM WHICH THE COUNTY CAN DEVELOP SOMETHING POSITIVE . ATTORNEY•CALDWELL INFORMED THE BOARD THAT THE PURPOSE OF ASKING TO BE ON THE AGENDA TODAY IS TO REQUEST THAT THE COUNTY THROUGH ITS ADMINISTRATOR AND CONSULTING ENGINEERS INVESTIGATE AND SUGGEST A PROPOSED BUDGET FOR THE DISTRICT FOR 1978-79 TO COVER THE ADMINISTRATIVE EXPENSES THAT MAY BE INCURRED IN DEVELOPING THIS PROJECT. HE SUGGESTED EXPANDING THE DISTRICT NORTH TO TAKE IN ADDITIONAL PROPERTY OWNERS AND NOTED THAT POSSIBLY THE DISTRICT SHOULD BE REDEFINED TO EXCLUDE GROVE OWNERS, THE CHAIRMAN NOTED THAT THE BOARD IS FAMILIAR WITH THE PROBLEMS IN THIS AREA AND FELT THAT THE REPORT WILL BE MOST HELPFUL TO THE COUNTY, BUT POINTED OUT THAT THE BOARD IS NOT IN A POSITION '•TO MAKE ANY DECISIONS UNTIL RECEIVING THE REPORTS ON WATER SOURCES IN THE HOBART PARK AREA FROM VINCENT AMY. COMMISSIONER SIEBERT POINTED OUT THAT THERE IS THE POSSI- BILITY THAT THE MONEY RAISED BY THE DISTRICT COULD BE EXPENDED FOR• A STUDY, WHICH.MIGHT RESULT IN THE DISTRICT BEING ABOLISHED AND MADE PART OF A LARGER DISTRICT. CHAIRMAN WODTKE NOTED THAT WE MUST BE. SURE WE ARE NOT TAKING WATER FROM ONE PARTICULAR AREA AND JEOPARDIZING ITS GROWTH, .WHICH MUST BE CONSIDERED THROUGHOUT THE COUNTY. HE THEN•DISCUSSED WATER DEMAND AND PER CAPITA CONSUMPTION AND WONDERED IF THE ,FIGURE IN THE REPORT IS A REALISTIC FIGURE. t LARRY ADAMS, ENGINEER, EXPLAINED THAT THEY BASED IT UPON THE EXPERIENCE THEY HAD WITH BARRIER ISLAND CONSUMPTION, TOOK A FIGURE THEY THOUGHT WAS REASONABLE, AND MR. BEINDORF, COUNTY CONSULT- ING ENGINEER, CONCURRED WITH IT. COMMISSIONER SIEBERT NOTED THAT THIS BASICALLY BOILS DOWN TO WHETHER OR NOT THE COUNTY IS GOING TO HAVE A CLEARLY DEFINED GOAL FOR WATER AND SEWER AND WHETHER THEY WILL HANDLE THIS ON A ."BAND- AID" APPROACH OR A COUNTYWIDE BASIS. ATTORNEY CALDWELL STATED THAT THEY JUST WANT THE BOARD TO CONSIDER TAXING THIS AREA TO FUND FURTHER STUDY ON HOW TO RESOLVE THE PROBLEM, HE NOTED THAT THE PROPERTY OWNERS ARE WILLING TO UNDER- WRITE THE RISK THAT MAYBE NOTHING WILL HAPPEN, CHAIRMAN WODTKE NOTED THAT THIS IS, AT LEAST, A CONCRETE INDICATION OF THE PEOPLE S FEELINGS. y' COMMISSIONER LOY FELT THAT, ALTHOUGH THE REPORT IS PREMA- TURE, IT COULD BE VERY HELPFUL TO THE COUNTY AND THE PEOPLE ARE TO BE COMMENDED. SHE SUGGESTED THAT THE BOARD MAKE THE REPORT AVAIL- ABLE TO THE ENGINEERS�AND FURTHER CONSIDERATION WILL BE GIVEN AT BUDGET TIME. TOM KENNEDY OF SUMMERPLACE INFORMED THE BOARD THAT ACTUALLY THERE ARE TWO SUMMERPLACES WHICH ARE DIVIDED, AND ONE OF THEIR BIG CONCERNS IS FIRE PROTECTION. HE CONTINUED THAT NOT ALL OF THE SUMMER - PLACE RESIDENTS HAVE BEEN CONTACTED TO SEE IF THEY ARE DEFINITELY IN ACCORD WITH THE PROPOSED TAXATION. HE FELT IN ALL FAIRNESS, HE SHOULD CONTACT ALL THE OWNERS AND THEN ATTEND ANOTHER MEETING TO LET THE BOARD KNOW HOW THEY FEEL. IT WAS GENERALLY AGREED THIS MATTER WILL BE DISCUSSED AGAIN IN THE FUTURE. THE HOUR OF 4:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: JUL 191978 rV35�.r6� 1 VERO BEACH PRESS -JOURNAL Published Weekly Vera 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 it Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being BEFORE THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA L - t IN RE: Application of Ixora Utilities, Inc. for authority to increase its rates for water and in the matter of sewer service. Notice ,f,/[,{ Xlc.� Y j[} ofHearing Board of County Commissioners of Indian River County will hold a hearing on -t2,:. Wednesday, July 19, 1978, at 4:00 P.M. in its hearing room in the Indian River County Courthouse, Vera Beach, Florida on the ap• plication of Ixora Utilities, Inc. for authority to make effective the following water and in the Court, was pub. sanitary sewer rates: fV Water Rate Teri" ProposedRR lisped in said newspaper in the issues of 02 1 d� L Minimum Charge -From Oto 4,500 Gallon Consumption $18.58 Each Additional 1,000 Gallons S1.S0 Sewer Rate Tariff Affiant further says that the said Vero Beach Press -Journal is a newspaper .published at Flat Rate Charge Per Month1978. $17.50 a Vero Beach, in said Indian River County, and that the said newspaper De r has heretofore Dated this 7th day of June, P Board of County Commissioners been continuously published in said Indian River County, Florida, weekly and has been entered of Indian River County. Florida as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida By: William C. Wodtke, Jr., for a period of one year next preceeding the first publication of the attached copy of adver- Chairman tisemenh and affiant further says that he has neither paid nor promised any person, firm or June21,25,1978. corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. � k Swore to and subscribed before me this d ofQl:�4J7 ( A. D.� 1 * ( in Manager) J (Clerk of the Circuit Court, India4 Ri er County, Florida) (SEAQ _. r CERTIFICATE OF MAILING BY IXORA; UTILITIES IS HEREBY MADE A PART OF THE MINTUES. CERTIFICATE OF MAILING IXORA UTILITIES, INC. jI, the undersigned officer of Ixora Utilities, Inc., hereby i certify that written notice, postage prepaid was mailed to each t of the water and sewer.customers of Ixora Utilities, Inc. notifying them of the rate hearing to be held before the Board of County Commissioners of Indian River County, Florida at the Courthouse a of 4:00 P M. Beach Florida on Jul 19 1978 at the hour in Vero y r ; I in the afternoon. • s Dated July 19, 1978 Ixora Utilities, Inc. Byt 4TIe tmilpily ' j I JUL 191978 v:., CHAIRMAN WODTKE INFORMED THOSE PRESENT OF THE PROCEDURE TO BE FOLLOWED, AND IT WAS AGREED TO SWEAR IN ALL THOSE WISHING TO TESTIFY AT ONE TIME. HE NOTED THAT IT IS NOT NECESSARY FOR ATTORNEYS TO BE SWORN IN. ATTORNEY COLLINS SWORE IN THE FOLLOWING: OPPOSING THE RATE INCREASE FOR IXORA UTILITIES SUBSCRIBERS; ANDERS TARANGER MARGARET DIXON SANDRA KOWALIK ROBERT DAVID THOMPSON, ACCOUNTANT FAVORING THE RATE INCREASE FOR IXORA UTILITIES:. NATHAN TANEN, OFFICIAL OF IXORA UTILITIES MELVIN TANEN, " " " " -JOSEPH L. EDELSTEIN, CPA ATTORNEY BOGOSIAN MADE THE PRESENTATION REPRESENTING IXORAI;, UTILITIES. HE NOTED THAT THE FRANCHISE WAS GRANTED IN 1960 AND AT THAT TIME THE RATES APPROVED BY THE COUNTY WERE RELATIVELY MODEST. THE RATES CONTINUED ON THAT BASIS FOR 16 YEARS UNTIL 1976, WHEN THEY REQUESTED AN INCREASE TO $7.45 ON A MINIMUM OF 4,500 GALLONS WITH AN OVERRIDE FOR EACH ADDITIONAL 1,000 AND A FLAT RATE OF $10.50 FOR SEWER CHARGES. AFTER DELIBERATION,THE BOARD GRANTED A $6.00 BASE RATE WITH AN OVERRIDE OF $1.08 AND A FLAT RATE SEWER CHARGE OF $7.00,MAKING A TOTAL FOR MINIMUM WATER AND SEWER OF $13.00. ATTORNEY BOGOSIAN CONTINUED THAT IXORA UTILITIES NOW HAS FILED A PETITION REQUESTING THAT THEIR RATES BE INCREASED TO $10.50 FOR A MINIMUM 4,500 GALLONS WITH AN ADDITIONAL $1.50 FOR EACH ADDITIONAL 1,000 AND A FLAT SEWER RATE OF $12.50, WHICH HE FELT WOULD AMOUNT TO $24.00 TO $25.00 MONTHLY FOR AVERAGE USERS. ATTORNEY BOGOSIAN NOTED THAT AT THE TIME IXORA UTILITIES REQUESTED THE INCREASE IN 1976, THEY MADE SOME PRETTY RASH PROMISES TO THE BOARD, ONE IN REGARD TO ANTICIPATED IMPROVEMENTS TOTALING ABOUT $147,000. HE STATED THAT THOSE PROMISES WERE BASED ON THE BOARD GRANTING THE INCREASE -AT THE FIGURES REQUESTED, AND BECAUSE.OF THE LOWER INCREASE GRANTED, OTHER JUL 191978 All THAN A GREAT AMOUNT OF MAINTENANCE, NO CAPITAL IMPROVEMENTS HAVE BEEN MADE, ATTORNEY BOGOSIAN INFORMED THE BOARD THAT THE DER HAS CITED THE CORPORATION PRIMARILY FOR DEFICIENCES IN THE SEWER PLANT AND HAS ISSUED A FINAL ORDER, WHICH GIVES IXORA UTILIITES SIX MONTHS TO CORRECT THE PROBLEMS - THE MAIN PROBLEM BEING THAT 90% REMOVAL IS REQUIRED. HE STATED THAT LACKING THE MONEY AND ABILITY TO COMPLY, IXORA UTILITIES AT THE END OF SIX MONTHS WILL BE SUBJECT TO A $10,000 -A -DAY FINE, ATTORNEY BOGOSIAN CONTINUED THAT THE PRO- POSED SOLUTION TO THE FINAL ORDER FROM THE DER IS THE INSTALLATION OF AN ENTIRELY NEW SEWER PLANT, AND POINTED OUT THAT THEIR AUDIT REPORT TAKES INTO ACCOUNT THE INSTALLATION OF A NEW SEWER PLANT AT AN EXPENDITURE OF APPROXIMATELY $100,000. ATTORNEY BOGOSIAN INFORMED THE BOARD THAT THE DER APPARENTLY ACCEPTS THE OPERATION OF THE WATER PLANT BECAUSE THEY HAVE A REPORT FROM THE DER ON A WATER SAMPLE COLLECTED JULY 101 1978, INDICATING THAT THE APPEARANCE OF THE WATER IS CLEAR AND THERE ARE NO ADVERSE COMMENTS ON IT. HE NOTED THAT " IXORA UTILITIES, THERFORE, IS CONCERNED ONLY WITH THE ECONOMICAL OPERATION OF THE WATER PLANT AND FEELS THE BIG PROBLEM IS THE SEWER PLANT. ATTORNEY BOGOSIAN CONTINUED THAT IXORA UTILITIES REQUESTED JOSEPH EDELSTEIN, CPA, TO PREPARE A REPORT BASED ON A 10% RETURN, AND THE ULTIMATE FIGURES HE ARRIVED AT CALCULATED OUT TO A WATER RATE OF $15.00 FOR THE FIRST 4,500 GALLONS WITH AN OVERRIDE OF $1,50 AND TO A FLAT SEWER RATE OF $14.00. THE OWNERS OF IXORA UTILITIES FELT THAT THOSE RATES WOULD MEET SO MUCH RESISTANCE THAT IT WOULDNIT DO ANY GOOD TO PRESENT THEM TO THE BOARD. ATTORNEY BOGOSIAN INFORMED THE BOARD THAT EXHIBIT E OF THE PRO FORMA STATEMENT OF INCOME IS BASED ON THE FIGURES THAT WOULD GIVE A 10% RETURN. THEY HAVE REFIGURED THIS BASED ON THE RATES THEY NOW ARE REQUESTING, AND WITH THESE RATES WOULD JUST ABOUT BREAK EVEN, TAKING INTO CONSIDER- ATION THE INSTALLATION OF A NEW SEWER PLANT. ATTORNEY BOGOSIAN STATED THAT THEY ARE AWARE OF THE FACT THAT QUITE A FEW COMPLAINTS a WERE LODGED SUBSEQUENT TO THEIR ASKING FOR A RATE INCREASE, BUT POINTED OUT THAT SINCE THEIR LAST RATE INCREASE, THEY HAVE NOT RECEIVED ANY COMPLAINTS FROM THE BOARD. ATTORNEY BOGOSIAN REQUESTED THAT ALL THE DOCUMENTS HE HAS FILED WITH THE BOARD BE MADE A PART .OF THE RECORD.t ATTORNEY COLLINS FELT BEFORE ATTORNEY BOGOSIAN'S SUB- MISSIONS ARE MADE A PART OF THE RECORD, THAT ATTORNEY KRAMER SHOULD HAVE AN OPPORTUNITY TO ASK SOME QUESTIONS. ATTORNEY KRAMER STATED THAT HE HAS BEEN ASKED BY A SPECIAL COMMITTEE REPRESENTING A MAJORITY OF THE SUBSCRIBERS TO IXORA UTILITIES TO REPRESENT THEM IN OPPOSITION TO THE REQUESTED RATE INCREASE. ATTORNEY BOGOSIAN RESERVED THE RIGHT TO MAKE ADDITIONAL PRESENTATION. ATTORNEY KRAMER PRESENTED TESTIMONY FROM THE FOLLOWING: ANDERS TARANGER OF 310 20TH AVENUE S.W. STATED THAT HIS MAIN COMPLAINT IS THE QUALITY OF THE WATER. HE SHOWED THE BOARD HIS ICE TRAY AND STATED THAT TO CLEAN IT HE HAD TO USE STEEL WOOL AND SCRAPE -THE BOTTOM WITH A PAINT SCRAPER. MR. TARANGER STATED THAT HE_LIVES IN A 3 BEDROOM HOUSE WITH FOUR CHILDREN AND HIS WIFE; -THAT THEIR AVERAGE MONTHLY BILL IS $26.17 AND BECAUSE HE HASN'T BEEN ABLE TO AFFORD A WATER SOFTENER, THEIR SOAP CONSUMPTION IS DOUBLE THAT OF AN AVERAGE HOUSEHOLD. HE FELT UNLESS IXORA UTILITIES .CLEANS.UP THE WATER SOME, THE SUBSCRIBERS SHOULD NOT HAVE TO PAY ANY MORE. ATTORNEY KRAMER ASKED THAT THE RECORD SHOW THAT -THE ICE TRAY SHOWSA THICK SCALE OF A YELLOW COLOR EXCEPT FOR THE END WHERE IT IS CLEANED OFF BY PSR. TARANGER. MR. TARANGER STATED THAT HE IS A MEMBER OF THE -COMMITTEE REPRESENTING THE SUBSCRIBERS AND IS AUTHORIZED TO LODGE HIS COM- PLAINT IN THEIR BEHALF. ATTORNEY BOGOSIAN ASKED. MR. TARANGER IF HE HAD EVER COMPLAINED TO ANYONE PREVIOUS TO THIS DATE. 70 0 MR. TARANGER STATED THAT EVERY TIME HE PAID HIS BILL, HE WOULD ASK THE SECRETARY WHEN THEY WERE GOING TO MAKE IMPROVEMENTS AND CLEAN UP THE WATER, BUT HE NEVER FILED ANY COMPLAINTS. MRS. MARGARET DIXON OF 2344 S.W. 2ND PLACE STATED THAT SHE HAS COMPLAINED MANY TIMES AT THE OFFICE BUT EVERY TIME SHE MADE A COMPLAINT, SHE WAS TOLD THAT NOTHING COULD BE DONE, AND SHE NOW BUYS BOTTLED WATER BECAUSE OF THE SEDIMENT AND THE SMELL. SHE STATED THAT SHE HAS HAD THREE HOT WATER TANKS SINCE SHE HAS LIVED IN HER HOUSE AND HAS HAD TO BUY NEW BATHROOM FIXTURES. MRS. DIXON STATED THAT SHE DID NOT KNOW THAT SHE HAD THE RIGHT TO COME BEFORE THE BOARD TO COMPLAIN OR SHE WOULD HAVE. ATTORNEY KRAMER ASKED HER IF THE COMPLAINTS SHE IS LODGING HERE TODAY ARE SIMILAR TO THOSE OF THE OTHER SUBSCRIBERS SHE HAS BEEN AUTHORIZED TO REPRESENT, AND MRS. DIXON STATED THAT THEY ARE, MRS. SANDRA KOWALIK OF 2553 2ND ST. S.W. STATED THAT IN A POLL THAT WAS TAKEN, THEY HAVE FOUND THAT MOST PEOPLE IN THE AREA HAVE HAD TO USE PURIFIERS OR WATER SOFTENERS OR BUY BOTTLED WATER. SHE NOTED THAT YOU CANNOT USE THE ICE BECAUSE'OF THE PARTICLES. ALSO ICE MAKERS, HOT WATER HEATERS, DISH WASHERS,ETC., BREAK DOWN FREQUENTLY DUT TO THE CORROSIVE FACTOR, AND THIS DOES NOT TAKE INTO CONSIDERATION THE ODOR AND COLOR OF THE WATER. ATTORNEY KRAMER ASKED IF SHE WOULD SAY THAT THE COST OF THE WATER SERVICE IS'MULTIPLIED GREATLY ABOVE THE RATE CHARGED DUE TO ALL THESE OTHER FACTORS, AND MRS. KOWALIK STATED THAT SHE WOULD AND NOTED HER AVERAGE BILL IS $26.00. ATTORNEY KRAMER ASKED IF HER COMPLAINT IS SIMILAR TO THAT OF THE OTHER SUBSCRIBERS AND IF SHE WAS AUTHORIZED BY THEM TO LODGE THIS COMPLAINT, AND MRS. KOWALIK STATED THAT.WAS TRUE. ATTORNEY BOGOSIAN SHOWED MRS. KOWALIK-A REPORT FROM THE DER AND ASKED IF SHE HAS ANY EXPLANATION WHY THE DER SAYS THE WATER IS CLEAR AND SATISFACTORY. MRS. KOWALIK STATED THAT SHE DOES NOT. ATTORNEY KRAMER STATED THAT FOR MRS. KOWALIK TO READ SUCH A REPORT IS MEANINGLESS, JUL 9 i 71 ATTORNEY KRAMER ASKED DAVID THOMPSON TO COME FORWARD. ROBERT DAVID THOMPSON OF 45 IST COURT S.W. STATED THAT HE IS AN ACCOUNTANT WITH A LOCAL ACCOUNTING FIRM AND IS SPEAKING ON BEHALF OF HIMSELF AS A RESIDENT OF EASTVIEW GARDENS. ATTORNEY KRAMER ASKED IF MR. THOMPSON CONCURRED WITH THE TESTIMONY AND COMPLAINTS JUST LODGED, AND MR. THOMPSON STATED THAT HE DID, NOTING THAT HE HAS BEEN ABLE TO ALLEVIATE SOME OF HIS PROBLEMS ,WITH THE WATER BY HAVING A WATER SOFTENER INSTALLED. MR, THOMPSON INFORMED THE BOARD THAT HE HAS EXAMINED THE FINANCIAL STATEMENTS SUBMITTED BY IXORA UTILITIES, AND THEY ARE NOT AUDITED STATEMENTS AS REFERRED TO BY ATTORNEY BOGOSIAN. HE ALSO POINTED OUT THAT ANOTHER FISCAL YEAR HAS PASSED SINCE THE STATEMENTS THAT ARE BEFORE THE BOARD AND NOTED THAT THE TOTAL MINIMUM CHARGE FOR WATER AND FLAT CHARGE FOR SEWER WOULD RESULT IN AN OVERALL 7710 INCREASE IN THE RATES. MR. THOMPSON POINTED OUT THAT SINCE 1960 TO MAY 31, 19771 THE CORPORATION HAS SHOWN 'ACCUMULATED RETAINED EARNINGS OF $60,700. HE NOTED THAT IN 1976 THE COMPANY HAD A $40,000 LOSS WHICH HAS BEEN ACCOUNTED FOR IN THE $60,700 FIGURE SO AT SOME TIME THEY HAVE HAD OVER'$100,000 IN RETAINED EARNINGS IN THE BUSINESS. HE REVIEWED THE FIGURES INVOLVED IN DETAIL AND STATED THAT HIS MAIN POINT IS THAT MONEY GENERATED IN THE CORPORATION WAS USED TO PAY OFF NOTES PAYABLE CURRENT INSTEAD OF BEING USED TO MAKE PLANT ADDITIONS OR IMPROVE- MENTS. MR. THOMPSON FELT THAT COMPARED TO OTHER UTILITY COMPANIES, THE RATE OF RETURN IS EXORBITANT AND UNFAIR TO THE SUBSCRIBER. ATTORNEY BOGOSIAN ASKED MR. THOMPSON IF HE IS FAMILIAR WITH THE FAIR RATE OF RETURN FOR A UTILITY, AND MR. THOMPSON STATED THAT HE KNOWS SOUTHERN BELL IS LIMITED TO AN 8% RATE OF RETURN AND HE FEELS 10% IS TOO MUCH. W 35 314 ATTORNEY BOGOSIAN CONTINUED TO ASK MR. THOMPSON QUESTIONS IN REGARD TO A FAIR RATE OF RETURN FOR A UTILITY COMPANY, AND ATTORNEY KRAMER STATED THAT THEY DID'NOT QUALIFY MR. THOMPSON AS AN EXPERT ON RATE OF RETURN, ATTORNEY KRAMER SUBMITTED TO THE BOARD AS RESPONDENT'S EXHIBIT #1 AN ANALYSIS OF IXORA UTILITIES FINANCIAL STATEMENTS PRE- PARED BY DAVID:THOMPSON. HE NOTED THAT JUDGE SMITH STATED THAT THIS TYPE OF FINANCIAL ANALYSIS IS INCOMPREHENSIBLE TO -. LAYMEN, BUT HE FELT MR. THOMPSON ANALYSIS WAS QUITE SIMPLE. 4 73 f O 5213 83.20 55,0 .35 214W. ZKj 12J7�G � �4 51370, 93 340,00 Fo L] JUL 191978 3.0000-00 r Fes: 376 11 ATTORNEY KRAMER NOTED THAT SEC. XVIII OF THE FRANCHISE REQUIRES THAT THE COMPANY SHALL RENDER EFFICIENT SERVICE AND ALSO REFERS TO THE QUALITY OF THE WATER, MAINTENANCE OF WATER PRESSURE, ETC, HE STATED THAT HE HAS BEEN INFORMED THAT THERE ARE NO FIRE HYDRANTS IN PARTS OF THE SERVICE AREA AS REQUIRED IN THE FRANCHISE AGREEMENT, AND THE SUBSCRIBERS HAVE INDICATED THAT THE WATER PRESSURE FREPUENTLY MAY BE REDUCED OR EVEN CUT OFF WITH NO NOTICE, WHICH HE FELT CONSTITUTES A VIOLATION OF THE FRANCHISE. ATTORNEY KRAMER CONTINUED THAT SEC. XX SAYS THAT NOTHING IN THE FRANCHISE SHALL PREVENT A LAND OWNER FROM EXERCISING THEIR VESTED RIGHTS TO PUMP WATER FOR THEIR OWN USE, HE THEN INFORMED THE BOARD THAT SOME SUBSCRIBERS HAVE DEED RESTRICTIONS REQUIRING THAT THEY MUST PURCHASE THEIR.WATER FROM THIS UTILITY SYSTEM, AND THE MINUTES OF THE PREVIOUS RATE HEARING SHOW THAT A REPRESENTATIVE OF IXORA UTILITIES STATED THEY WOULD NOT WAIVE THE DEED RESTRICTION. ATTORNEY KRAMER STATED THAT HE HAS ADVISED THE SUBSCRIBERS THAT, IN HIS OPINION, THE DEED RESTRICTION IS ILLEGAL AND CANNOT BE EXERCISED, ATTORNEY KRAMER NOTED THAT ATTORNEY BOGOSIAN HAS INDICATED THEY MADE SOME RASH PROMISES TWO YEARS AGO, BUT THAT THEY WERENIT BOUND TO THE PROMISES BECAUSE THEY DIDN�T GET ALL THEY ASKED FOR. ATTORNEY KRAMER FELT IT IS IMPLICIT IN THE MINUTES OF.THE 1976 HEARING THAT THE RATES WERE GRANTED WITH THE UNDERSTANDING THAT THE IMPROVEMENTS WOULD BE MADE. ATTORNEY KRAMER POINTED OUT THAT THE FINANCIAL STATEMENT SUBMITTED BY IXORA UTILITIES SHOWS THEY SPENT LESS TO OPERATE AND MAINTAIN THE PLANT THAN THEY DID IN THE PRE- VIOUS YEAR EVEN THOUGH THEY HAD A 100% INCREASE)AND HE QUESTIONED WHERE THE EXTRA REVENUE FROM THE INCREASED RATES WENT. ATTORNEY KRAMER ASKED THAT THE FOLLOWING BE MADE A PART OF THE RECORD AS RESPONDENTS EXHIBIT #2: 1. FINAL ORDER OF THE DER TO IXORA UTILITIES, INC., DATED JUNE 16, 1978. 2. NOTICE OF VIOLATION & ORDERS FOR CORRECTIVE ACTION, DATED MAY 13, 1977. A. SUPPORTING DOCUMENTATION - INSPECTION REPORTS - LETTER FROM ENFORCEMENT DIVISION TO NATHAN TANEN, JULY 5, 1977 75 JUL 19 1978 f B. NOTICE OF VIOLATION .JULY 5, 1977 FROM UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,- REGION IV. i i• ' JUL 19 1978 76 a --m 180 -27th AVE. S.W. • VERO BEACH, FLORIDA 32960 • (305) 567.2420 MAILING ADDRESS: 40.48 KIRK LANE • LAKE WORTH, FLORIDA 33451 2.00e June .27, 1978 L. :17.- 31_1 State of Florida Department of Environipental Regulation Twin Towers Office Building, 4�s� co 2600 Blair Stone Road Tallahas eel Florida 32311 �`�'° Attention: Mr. Joseph Landers, Jr. Dear Sir: At our last moeting with Mr. A. Senkevich of the Department of Environmental'Regulation, we were under the impression that the Board of County Commissioners of Indian River County would grant 'us a hearing for a rate increase and so advised lir, Senkevich. As it worked out, the rate hearing as not granted at that time,~F but it has been scheduled for A="19th, 1978. Should the Board of County Commissioners allow the rate increase as requested, we are in the position of being able to start the plant improvements within 45 days there -of, and'be completed in approximately 90 days. Yours truly, 4' Ixora Utilities, Inc. :; ° e1 = W. Tanen MWT:rr .. ; cc: Mr. A. Senkevich 1/ OVA ,X79 J U L 19 1978 the:'subjoct facility. Nq such application was ever received by tho Department. —The violptions outlined in the Notice of Vio:,ation rumain unrenjolvod to this date. JUL =91978 ell r 3 BEFORE "Tim STATE OF. FLORIDA %;•DEPARTMENT OF'ENVIRONMENTAL.REGULATION.: In Re: ZXORA UTILITIES, INC.• ) r; +• } .4 04 8Kirk. Lane `) Department•Order. No.: ' '78 Lake Worth,,Florida 33461 ) Respondent. y {. y jR 1 W. 4i'. } •. = s. l � i"4 y{ a-,rR 34 R +a { FINAL 'ORDER t `' t , 1• BY THE !'DEPARTMENT. On May 13, 1977, the Department; of Environmentah Regu- ' c 1-ation.Issued to the Respondent, pursuant to the authority of. " i` Sections 403.061(10), 403.121(2), .and'403.141, Florida Statutes, a and Section 17-1.26(1)-, Florida Administrative Code.`(19,73), a if Notice'6f Violation and Orders for Corrective Action, a copy`d£'F' N ' ,whichs attached hereto as Exhibit f� '',. +Its .. _' I t b• i b I: e . The Notice of . Violation 'informed . the Respondent' that-'•..' : ,'. ; unless`a formal request for a public-heazing,was filed with the ' Depaz`tment "within twenty (20) "days of service; oi. within ten days 'from the completion of an informal'conference.if requested, x Ji . the 'Orders for Correction' Action contained therein'would become i, ..Jj: � •.l.l a t. - . ._ final. No r"ponsive pleading 'or . request, forT hearing -has been " .{made by ' Respdndent. rr I Notice of Violation also'informed,the•Respondent. ` ...The -a'f* the opportunity to engage in an' informal ' conference with' the w i. Department for the purpose of•�. negotiating : a pro' t ' resolution of . r•. the violations._' Respondent asked fox such a' conference, and one ; was held. s.n`Respondent 's offices on'• July `18, 1977, Mr. '*Melvin ! R F =: Tanen .of Ixora Utilities, ihformed -the, DenatmePt'"that an, appli-` r cation 'for -a Temporary Operating Permit would be submitted for the:'subjoct facility. Nq such application was ever received by tho Department. —The violptions outlined in the Notice of Vio:,ation rumain unrenjolvod to this date. JUL =91978 ell A M 46 � r• '�, (t SAM t A. ,: : { 17 r rte'{ •• i ,., 2, • .' .',.v .. •.. .. • ' r, Pursuant to 17-1.58(l), Florida "Adminstrative Code, the allege 4ions 'contained in'the Noti. a of Viola on have became . binding..a(nd final as a.result of Respondent's fai ure to_ file a responsive pleading. 'The Orders for."'Corrective Ac ion have like- -wise become final.and effective, pursuant;to-Sectioi.17-1.58(2), Florida Administrative.Code `, << The. Orders for 'Corrective -Ilk Action (Exhibit "A", page 3) contained .the'following'directions o tho`Respondent: 1. -'Pursuant to Subsection :403:141(1) , Flori la Statutes, , Respondent•shall Make payment.to.the.'Department for..exenses of the".State .in tracing, -controlling, and abating this sou:ce.of pollution asset forth in Exhibit I: �. Respondent shall#"within twenty:(20) days ubse- y . quent to the effective date of this �Ordeic,'submit to the.Department• an application for a Temporary+Operltion Permit. k 3.': Respondent' shall, • within six (6) months .suboi3quent to the effective';•'c`iate of this Order,, upgrade subject, facil 'ty�to 11 ' such -a degree. -as will comply,with Department rules and regu a- y, �. tions. Having considered tlie' Notice 'of' Violation and Orders t, for Corrective Action,. a•copy'of which . .'attached hereto and y expressly incorporated herein, the failure of Respondent to -file responside pleadings and request.a hearing, *and the failure of Respondent to take action' to resolve, theViolations, as promised ;r in thea informal conference,' it is, therefore: 'V: ORDERED by the tate:of"Florida Department of Environ- mental,Regulati,on-that the Orders'for Corrective Action issued .herein -be and the same"are hereby approved"and dopted, in toto, 4s the final -order of the Department; in\the abode -styled matter. i jut 191978 . 3.5 v AND `ENTEREU this day of June, 1978# in Tal- , . :.. DONE :lahassee .Florida. a ;'. STATE OF•FLORIDA DEPARTMENT ;:OF R'NVIRONMENTAL REGULATION .Kt F JOS' H LANDERS, JR. Secretary • ` 1 .`r r 7" ry t y ti3• t.t r '1tl.t , ••`� 1 e 4. i,rf,..• .a t .t` t / `th t �� t , Y t.- 1 i { ` ii` ��+ SI +, •{ tr' .% i w t i � '�t d I• �. Si i ..,t .``i Q ...1 11 0 . - 3_35 . b3Qi�R Ff1uLy. (q JUL. 19 1978 • _------_-- BEFORE`.THE STATE' OF ' FLORIDA i , �• .:•DEPARTMENT OF,ENVIRONMENTAL REGULATION.' ' In .Re: r , k IXORA UTILITIES,•. INC. .) Department Case No..• DW"24-77 Indian River County, Florida )••Department- Notice* No. 21 ' I [ • : Respondent : ka' NOTICE OF VIOLATION AND ; ORDERS FOR CORRECTIVE ACTION RESPONDENT Mr. 'Nathan Tanen, President ,Ixofa Utilities, Inc.. Post Office Box 2 Stuart, . Florida ..33494 + ,• f Y. [ ° 'NOTICE OF VIOLATION. # • . ' i.1 r io 4 03. 121 2 - of subsection Pursuant to the authority sub ( ), Pur u tX 1. Florida Statutes, the Department gives notice to Respondent .. `,. of" the following violations of Chapter.`403, Florida Statutes -+y , + ard`Chapter 17, Florida Administrative.Code: �. ,• t.' . Respondent'is the President of Ixora Utilities, 1; ' Incorporated which operates a 0.1 MGD trickling filter sewage a '' treatment p4ant which discharges into the south relief canal { and . ultimately into , the Indian River. ' •2: 'The plant is located at 180 Emerson Avenue,' Vero Beach, 'Florida,. Section 23; Township 33S; Range Mi �.., at latitude 27°36105" and longitude 8002048". EXHIBIT A NrL`�353 JUL 191978 V_ MMM -2- 35 p4jr 384 - The Responde'-to follov(' the 3. nt has t TP 31-,M4 and the construction c6mpilanice schedule.in permit -schedule in permit DC 31-2272. . _,The he above',facility has failed to meet the 90$ . removal,required,by Chapter 17-3.04(l), Florida Administrative. '.Code., 5. ,The -Respondent contends he has-beenunable to make 'improvements to the wastewater plant to bring'it into compliance with state law'and Department regulations'due to'. the unavailability.of-funds.. Warning No tic . e* OWN -77-022 was sent by certified mail to Respondent on February 14, 1977, -noting expiration of the permits for Ixora utilities and'.failure to meet the 90% removal standard during 1976.. 7. Thee -unauthorized operation of the facility and the'failure to meet the 90% removal, standard havd violated the following statutes, to wit; a.) Section 403.087(1), Florida Statutes, which prohibits the operation, maintenance, constructioxi,.expansibng.-I or modification of any stationary installation reasonably x. expected to be a source -of air or.water pollution, without ;� *.;'a* appropriate and currently valid permit'issued by the it Department. b.) Section 17-3.04, Florida'Administrative Code, in-that.Respondent has..failed to meet the 90% removal require - went. - c Sec:tion 17-4.03, FloridaAdministrative Code,: 4� n that Respondent has operatedsubjectfacility.wfthout an appropriate and currently -valid permit issued by the Depart ment. d.): Section.17-4.09, 09, -Flo ida Administrative 'Code, * in -that Respondent has failed to!submit an application for. MMM -2- 35 p4jr 384 91978 35- F.fiA.3 JUL �. •.., ,renewai of a permit sixty: ' (60) days prior .to the expiration P'. of a'' Department permit: ' ORDERS FOR CORRECTIVE ACTION p. 'Pursuant to the authorityof sections 403.121,•. 403:141 and subsection 403.061(10)'1 Florida Statutes and 'Department Rule' section 17-1.27, Florida Administrative the Department serves the following Orders for Correc— tive Action upon the Respondent:. ' i Pursuant.to"subsection'403.141(1), Florida Statutes,,' Respondent shall make payment to.the.Department for expenses I '' of the"* in tracing, controlling and abating , this' source .: ^t of pollution as set forth in Exhibit I. ! .y . 1. Respondent shall,' within.twenty (20),days.: e; subsequent to the effective date of.this.Order, submit.to' the: Department lAn' application for: a 'temporary operating permit. ;2.: Respondent shall,'within siX (6).months:sub t . sequgnt' to' the effective date of: this Order, upgrade subject H' .facility to such a degree as -will comply With Department"rules ' and.regulations. ! t '!'. " ' • •'M ' ��i ' Int .. S ,- t} .T�, RESPONSIVE PLEADING, INFORMAL CONFERENCE,_ HEARING, WAIVER, SANCTION, JUDICIAL RELIEF (1)1' Except as provided in paragraph 4, Respondent shall: file an -answer to this Ngtice_of Violation and Orders Y' b �for• Corrective Action 'and demand; for hearing, hereafter ,. ,. described,, under Department Rule subsection 17-1.26(l),' Florida Administrative Code within twenty.(20) days ofAb I•� '� ,:. -3- 91978 35- F.fiA.3 JUL �. •.., 7 , .; .: .:service .(postmark date) . -.: The answer shall be filed with the Department attorney whose name and address is listed at the --conclusion of this Notice of'Violation and Orders for Correa- •.. .. ''�. tine Action. (2) The answer shall state in short and plain ' terms the defense or'defenses relied upon and shall admit or - •a, ....:deny each violation,on which the Department relies for its: -Orders for Corrective Action.. Where the Respondent claims • :to be without knowledge of a specific violation, 'he shall so ° state and such statement shall operate as a denial. +' {3j Respondent has the right to a formal administra- tive'hearing pursuant to subsection 120.57(1),•Florida Statutes, as to any dispute`ofmaterial fact set forth in , the Notice of Violation. .Demand for.such hearing shall be "�', made in the answer. ..At such hearingf you have the rightto •il i be represented by counsel, call or cross-examine witnesses, present evidence, have subpoena and subpoena duces tecum ' issued, and make a final argument., ' f (4) Under the authority of Department Rule section � { f '•f .. •, . ', s }'i•I. iii 17-L.99, Florida Administrative Code, the Department may { :, consent to an informal conference with Respondent, if the Department deems a prompt resolution of the violations may ! be:possible. If Respondent desires such a conference, it shall be'requested in writing within ten (10) days of service of this Notice of Violation and Orders for Corrective Action. ,- Respondent's rights 'will •not be adjudicated at an .informal •:''conference. '(5) Unless otherwise 'specified by the Department,' E c ' answer and demand for hearing shall be filed within ten .-..the (10) days from the completion of the informal conference • with the Department attorney chose name and address appear `=*` ' at the conclusion of this Order..Failure to file a responsive., P V ,i _ '- •-4- JUL 1.91978 y ' pleading'and demand for hearing within that period shall be - 4 •• - deemed a waiver -thereof and the Orders for Corrective Action_ !° shall become final and effective without further notice or Department action.' +,1 (6) If Respondent does"ngt timely file an answer and demand for hearing, these Orders for Corrective Action • shall become •final and effective without further notice or r , ;1 ..'further,.action by .the Department. Pursuant to Subsection 403.141(1)•, Florida Statutes, failure to comply with Final Orders will'•render Respondent liable to the Department for t = reasonable costs 'and expenses incurred in tracing the source ' of: the discharge, in controlling and abating the source and'.;'" }" t: „' • the pollutants and in restoring" theanimal, plant and aquatic life of the state` to their former condition. -17) Respondent's.failure to comply with Final ; Orders for Corrective Action constitutes a violation of Para - I ;`-gkaph403.1.61(1) (b), Florida Statutes. Such violation .,constitutes a separate offense fo;'which Respondent is .•'. . subject. to the judicial' imposition:"of. civil penalties in an` amount of up to •Teri Thousand Dollars ($10,000) for each day if ". during any"portion of which such violation occurs or con tinues. tN (8)1'In'addition, pursuant to Section 120.69, Florida Statutes, enforcement of Department Orders pursuant �.. } to Chapter 403, Florida{ Statutes, may be instituted by {! - I appropriate petition demanding damages, reasonable attorney's r fees, expert:witness fees; civil penalties for each day µ; during which a violation occurred and fines up to One a' r Thousand Dollars'($1,000). � r (9) This dispute may be resolved amicably by � Respondent's timely compliance With the terms and conditions ' JUL 191978 ,� of Orders for Corrective Action,. or' by the entry �of a Consent Order under Department Rule Section 17-1.28, Florida Adminis t trative4Code, if Respondent.and the Department agree to a resolution of the violations other than as set forth in the Orders .for Corrective Action. (10) " Nothing contained in this Notice of Violation and ,Orders for Corrective Action shall preclude the Depart pent from commencing a judicial action for injunctive relief to abate the violations• alleged in the Notice of Violation . , for noncompliance with Final. Orders for Corrective Action, or to impose civil penalties for these violations. in a Court . of competent jurisdiction in accordance With Sections 403.131, 403.141 and 403.161, Florida Statutes. r :' DONE AND ORDERED this l day- of May, 1977, in 7. i Tallahassee, Florida. STATE OF FLORIDA'DEPARTMENT OF ENVIRONMENTAL REGULATION: 30sepVPJ. Landerp, Jr., jV1 Secretary► i t • + `Department of~Environmental Regulation ` 2562 Executive Center Circle, E. � Montgomery Building a s. Tallahasaael, Florida 32301 '♦` '4••i , ... 1 * t �y Y: •RI �. a 't ' ,•_p ., a• �rt'�Fi,n r JUL 191978 �• Direct answer •and.-request•Ifor administrative hearing to. ' Terry Cole, Esquire i .De0uty.General Counsel L Department of Environmental' Regulation 2562 Executive Center Circle, ±_ East Montgomery Building Talilahassee,. Florida 32301 ;•.';; Direct • request for informal conference to: :.: ' • - .... `` Mr. Alex Senkevich 3319 Maguire Boulevard " F Suite 232 t :r: ' Orlando',, Florida 32803 t _ _7- L _ JUL 1+�+° , •• + I• y , , •SII , '' . ...ST. JOHNS RIVER DISTRICT - COST OF INVESTIGATION I Y , TOTAL ;. PERSONNEL ti I' W, Bostwick 3 hours.' d ... R. Day 12 hours.l. L. Kozlov 5 hours E. Nichols 2.5 hours - .:- A. Senkevich 1.5 hours.'.: 24 hours x 10.00/hr.'= F $240.00 VEHICLE Cost - $,14.per mile OYlando -- Vero -Beach and'return = 202 miles ' 1 trip x 202 mi/trip x $.14/mi. _ $28.28 '•28.28 • 1 XEROX - Cost per letter,'tsize copy 3.50264 Cost per legal size copy 3.50330 , i,_ 66' legal size copies x $.035033/copy-•$2:31 ..1.•2.31 POSTAGE Certified Letter 980/letter p Cost per,case'report 1. Leiter x $.98/letter - .98 Case report postage "' 1.50 Y j 8 - 2.48 ` 71 TOTAL .1. •' 4 y� � 1 1 J � , V •� ,* ' � 1 •li r .! ', ., !.r 1 i 1 i t � �. JUL. 19.1978 `° V 35 rJ` JUL 191978 DEPARTMENT OF LWVWH Al, REGULATION RECONNAISSANCE INSPECTION REPORT 1. Source Name: -Z-46 t-iR �+ t + �+ I✓S 2. Source Location: �O �r�E.csoR wE• VEtic.o ''' i" 3. Permits: State No. SDG 31 — ZZ'�Z• Expires: 12- 31 —74 NPOES No. FL Expires: 4. Is there a State and/or Federal (circle) compliance schedule for this facility? Yes LOOOO No 5. Is this facility in conformance with the existing State and/or Federal compliance schedule? Yes No &000 S. Source Description i(circle one): Iw 7. Discharge: Yes 1/ No 8. Permitted Flow: 11095-1 MGD 9. Basin No: Rank: 10 Person Contacted: w Title: iA*r%g W -d- 019 VAS &L 11. Purpose of Inspection: 12. Comments: AK1�M4 W 1 44% LL+i 1 a10 CAVA+0K. p A.�. A v� A G � �i4N W �+fTi i r► y K' t i v'%'# ''"4'�`'/ 4 tn.aKi� A t ` j • b 4"7K+ VbO+ 1 . d I �9 G� t WSL O , 13. Indicate Corrective Action(s) to be Undertaken by DER District Office: i+� o i�.•4•. wi +1% Nov. 90 -90 14. Individual Assigned Responsibility for Corrective Action(s): ii4 Title: 15. Inspector Completing Report: �o r Title: S Date: U)5,0#%71 DER Form PERM 14.10 (Jan. 77) Page 1 of 2 JUL 19197 r.4 O , r.4 - ' SIAILU UA DEPARTMENT OF ENVITAL REGULATION RECONNAISSANCE INSPECTION REPORT 1. Source Name: T 2. Source Location: 'd�'r' eA�� 3. Permits: State No. TT Expires: 17- I)C- IJ -1111-16 NPDES No. FL Expires: 4. Is there a State and/or Federal (circle)• compliance schedule for this facility? Yes No 6. Is this facility in conformance vyith the existing State and/or Federal compliance schedule? Yes No 6. Source Description (circle one): V lw 7. Discharge: Yes No 8. Permitted Flow: d • MGD 9. Basin No: Rank: 10. Person Contacted: M4.,`>7Title: 11. Purpose of Inspection: -ro �r•� It..a�i—Q. ta��-�- ��4!-;�`t � � Gl+-e.S2l.L . ejZ— (� fir,,,,,, • 12. Comments: �s�'11 • �.,�— tis �� Y�*+f � `T v- cW%A Q'�J`''� ' �►;,,, ice. c.1 ah s-�`�/ Ss�4•�}-5�.-: 1S -» o.e,. -�► tib— U5 V T. 1 f1jQ��/ % -►art-- c-4 py�t e �-t i. 13. Indicate Corrective Action(s) to be Undertaken by DER District Office: J Z /7 /-17 14. Individual Assigned Responsibility f Corrective Action(s):-p, ZA Title: 16. Inspector Completing Report: (2jc1 V,,V Title: CT lT Date: 41 DER Form PERM 14.10 (Jan. 77) Page 1 of 2 t • J U L 19 1978 8 393 t mattxora • • 80 27th Ave. S. i.. Vero Fla. 3Z -9u 4C-14ZiV_ .it i:►I-e dKe ••o T' Moiling Address: 1r U ` 3301 R EIVE U* ECL duly 25. 1977 JUL 28 l OFFICE OF SECRETARY. Directors Enforcement Division United States Environmental rrotection Agency 345 Courtland Street, N. F. Atlanta. Georgia 30308 Res Docket No. 77-313(W) Notice of Violation and Order ` (33 U.S.C. 1319(8) Dear Sir # Enclosed please find the Discharge N.onitoring.Reports for the last quarter of 1976, and the first and second quarter of 1977, from Iuora utilities( Inc.., 180 27th Avenue S. W.. Vero Beach. Florida 32960. Very truly yours, i Arthur W. Adolphson. C.O. ;t•'" _ 3xara utilities, Inc. �• '��'`: 180 27th _eve. S. W. , Vero Roach, Florida 32960 AWA%m8 1 Encl. CCs to 4r. Jos. W. Landers Jr. 34s , 14 fit- s �' �: j �l4e0Z 619;. V\ JL 191978 NITED STATES ENVIRONNWL PROTECTION AGENCY •�y,,t M'``,�� REGION IV W.#_ R'w 7 NTASTREET • ATLANTA. GEORGIA GIA 30308 5 JUL 1977 Dept. Of Enkilrorrrrr 11 , e u!ation R G -!\ ED E "" LE W Mr. Joseph W. Landers, Jr. Secretary JUL 7 r Florida Department of Environmental Regulation OFFICE CF SECP, ARX '2562 Executive Center Circle, East Tallah4ssee, Florida 32301 .. . Re:mat-i"�te-4r�er No. AO 77-313(w) Ixora Dear Mr. Landers: Pursuant to Section 309(a)(3) and (4) o ! ution Control Act, as amended, 33 U.S.C. 1319(a)(3) and (4), I have determined that Ixora Utilities, Inc. is in violation of its NPDES permit. As a result I have issued an Administrative Order, a copy of which is enclosed for your reference. The Order is presently being served. Sincerely yours, lohn A. Lit Acting Regional Administrator Enclosure SENT 10 REG10N a i z- ; ! Jut 7 jq7', DRqs ENVIRON IW NTAL PERMITTING CERTIFIED MAIL RETUM RECEIPT REQUESTED fir. iiathan Tanen, President Ixora Utilities, Inc. Post Office Box 2 Stuart, Florida 33494 5 JUL 1977 Re: Adninlstrative %Jrder iio. AG 77-313(w) Dear Mir. Tanen: Pursuant to Section 309(a)(3) and (w) of the Federal Water Pollution Control Act, as ar-ended (33 U.S.C. 1319(x)(3) and (4)) (hareirafter, the °Act"), the Regional A m.inistrator, Region IV, United States Environcren -.al Protection Anency, ;as detcr;,Aned that, Ix;;ra Utilities, Inc. is in violation of its %PLES permit. n„ a rasult, the Pz9ional Administrator has issued an Adainistrative Order which is enclosed. Any person who violates an Order issued by the Adiiiinistrator shall be subject to a civil penalty not to exceed $10,000 per day of such violation. (SQction 309(d) of the Act) (33 U.S.C. 1319(d)) Under Executive Order 11738 and EPA re,ulations issued thereunder (40 -Code of Federal :e ;:lations, Part lb) facilities to be utilized in contracts, grants, and loans rust be in full compliance with all stwtdards established pursuant to the Federal ':iter €allution Crntroi Act and Clean Air Act. A violation of the standards outlined in t-ais roti ►`iCation may result in the subject facility becoming ineligible for participation in any Mork associates with a Federal contract, glrant, or loan. If you have any questions concerning. t%ie enclosed Order, please Contact Joan B. roller, Attorney, Legal Support Branch, Enfo -"went Division at 404/631-35U6. Sincerely yours, • Paul J. Traina Director Enforcement Division Enclosure cc: lir. Joseph W. Lancers, Jr. bc: DGuinyard, JFiroer, RCozart, Compliance JBBoilen/dk(6/23/77)x3306 JUL 19 ... i�t;'J 3 Federal Water Pollution Control Act, as Amended M The following sections of the Federal Water Pollution Control Act, as amended, are pertinent to this Administrative Order: Section 301(a) (33 U.S. C. 1311(a)): "Except as in compliance with this section and sections 302,- 306, 307, 318, 402, and 404 of this Act, _ the discharge of any pollutant by any person shall be unlawful. " Section 402(a) (33 U.S. C.,,1342(a)): ". the Administrator may . issue a permit for the discharge of any pollutant, or combinations of polldiants, notwithstanding section 301(a) . . . . " Section 402(k) (33 U.S. C. 1342(k)): "Compliance with a permit issued pursuant to this section shall be'deemed compliance, for purposes of sections 309 and 505, with sections 301, 302, 306, 307, : and 403, except any standard imposed under section 307 for a toxic pollutant injurious to human health . . . . " Section 309(x)(3) (33 U. S. C. 1319(a)(3)): "Whenever on the basis of any information available to him the Administrator finds that any person is in violation of section 301, 302, 306, 307 or 308 of this 'Act, or is in violation of any permit condition or limitation imple- menting any of such sections in a permit issued under section 402 of this 'Act . . . , he shall issue an order requiring such person to comply with such section or requirement, or he shall bring a civil action in accordance with subsection (b) of this section. " Section 309(d) (33 U.S. C. 1319(d)): -"Any person who violates section 301, 302, 306, 307 or 308 of this Act, or any permit condition or limitation implementing any of such sections in a permit issued under section 402 of this Act . . . and any person who violates any order issued by the Administrator under subsection (a) of this section, shall be subject to a civil penalty not to exceed $10, 000 per day of such violation. " ,F /�/f tfn k UNITED STATES ENVIRONMEWAL 11HO'TI:CTION AGENCY REGION IV IN TILE MATTER OF ) DOCKET NO. 77-313(w) NOTICE OF VIOLATION IXORA UTIL ' INC. j AND VI'RO BEACH, FLORIDA ' ORDER • .) (33 U.S.C. 1319(a)) `.. Pursuant to the above -referenced statutory authority which has been delegated to me by the Administrator, I hereby make the following findings of* facts FINDINGS OF FACT 1.•• Ixora Utilities, Inc. (hereinafter, the Company), operates a -facility in Vero Beach; Florida, which discharges pollutants into South Canal :. to Indian River, a water of the United States. 2. Said facility has been issued and is subject to the provisions of -National Pollutant Discharge Elimination System (NPDES) permit number FL0029858. 3. Part I, Section A of the subject permit sets out effluent limita- tions,which are to be met by the said facility. (A copy of Section A is attached to this Order and is incorporated herein by reference.) 4. Part I. Section C2 of the subject permit requires the Company to 1 . .submit quarterly Discharge Monitoring Reports nd later than the 28th day of the month following each completed.reporting period. • 5. Discharge Monitoring Reports due on January 28, 1977, and April A, 1977, covering the last three months of 1976 and the'first three months of 19779 respectively, have not been received by this office. VIOLATIONS • ~�•� �� 6.� ixora Utilities, Inc. -has violated the terms and conditions of NPDI8 permit number FL0029858 in that the Company has failed to submit the required Discharge Monitoring Reports. ORDER Based upon the foregoing; findings of fact and violations and pursuant to the provisions of Section 309(x)(3) and (4) of the Federal Water Pollution Control a Act, as amended (33 U.S.C. 1319(a)(3) and (4)), it is hereby ordered: �sr°�h p3i 398 JUL 19197 t 2 1. That within thirty (30) dayx of receipt of thin Order, lxorn UtillUeS, Inc., shAll submit U) this A„rnc:y all dclingnent Dinchar8a Monitoring .Reports. 2That all informaeion regdired to be submitted by this Order be sent by registered mail or its equivalent to the following addresses: Director, Enforcement Division United States Environmental Protection Agency 145 Courtland Stre:t!t, N.L. ' Atlanta, Georgia 30305 Mr. Joseph W. Landers, Jr. Secretary Florida Department of Environmental Regulation 2562 Executive: Center Circle, East Tallahassee, Florida 32301 . 5 JUL1977 _ Date �tv'�� Jolt` A. LITTLI Acting, fic dministrator ' M o (11ortinent provision:; of the vederal WaLor Pollution Control. Act, as amended, are attached.) =JUL.191978 Meru It v 4 1 SAI W10��4 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IV ATLA TA, GEORGIA 30309 4AEL:MTN CERTIFIED MAIL RETURN RECEIPT REQUESTED JUN 3 01975 Mr. Melvin W. Tanen Ixora Utilities, Inc. •'P. 0. Box 2 Stuart, Florida 33494 '» 'Ret •Ixora Utilities, Inc. FL 0029858 Dear Mr. Tanen: ° Enclosed "i's the National Pollutant Discharge Elimination System permit for the facilitreferenced above. This NPDES permit constitutes my determination under Title 40, Code of Federal Regulations, Section 125.35, as amended (39 FR 27080, July 24, 1974). f In accordance with 40 CrR 125.35, this permit will become issued and effective on the effective date specified in the permit, provided that no request for an adjudicatory hearing and/or legal decision is subsequently filed with the Agency. In the event that such a request is filed, the r -on - tested provisions of the permit will be stayed and will not become effective until the administrative review process is completed. All uncontested provisions of the permit will be considered issued and effective on the effective date set out in the permit and must be complied with by the facility. If you wish to request an adjudicatory hearing and/or legal decision, you must submit s es such request (an original and two copies) to the Regional Hearing 8 Clerk within ten 14 days from the receipt ( ) p of this letter. The request will .be timely if mailed by Certified Mail within the ten (10) day time. period. For. the request to be valid, it must conform to the requirements of 40 CFR 125.36(b). Such requirements are specified in the attachment hereto. If you have -any questions about the permit, please contact the coordinator .�. ,.._.,for your_state at 404/526-3971. Irfor-mztion on the request procedures and legal matters may be obtained by contacting Mr. Michael T. Newton at 404/526-3506.' Sincerely yours, • - -- Pavan a r- Enclosures Regional Administrator SENT TO REGION JUL 7 1975 '~Adr?5 Department of Pollution Control, • NPOES SECTION t 310k P4),j 00 iJ FL 0029835_ . . , AUTIIORIZATiOy TO 1)iSCHARGE UNDER THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM In rompl the provisions fiance with of the Federal Yater Pollution Control Act, as amended. , (33 U.S.C. 1251 et. seq; the "Act"), , r Ixora Utilities, Inc. , is authorized to discharge from a facility located at South of SW First Street b East of Emerson Avenue Vero Beach Flo • ri4s • to receiving waters named South Canal to Tn'iar. Rive: with effluent limitations. monitoring requirements and other corditio.^.s s�zwfor+Jt in accordance , in parts 1, 11. and III hereof. • This permit shall become effective on August 15, 1975. This permit and the authorization to discharge shall expire at midnight, August 15, 1980- • e this day of June 1975. �' •• •'� Si ed 30 s • Jack E. Ewan /Z•jegional AdministTator CFA Form 3:2' • i • p Q I1J� gbNM/ I JUL 19 1'0 f ' During the period beginning of the effectivq date of this permit and lasting through the expiration date of the pet the permittee is authorized to discharge from outfall ',serial number 001 treated sewage effluent. Such discharges shall be limited and monitored by the permittee as. specified below: r" Effluent Characteristic _Discharge Limitations a.' Concentration m /1 Monitoring Requirements Other Units Svecif C Monthly Weekly Daily Monthly Daily Max ,,,Measurement Sample A�& Avg Max o Geometie r Mean * Frequency. Type co �. , 4 Flow-m3/Day (MGD) ` • i • 3680/day 1/2 weeks :Biochemical Oxygen20 30 ` 40 -(95,000 gal/day) Demand (5 day) ; 1/2 weeks 12 hour. Coa�._ - Total Suspended Solids' 2030 40 1/2 weeks 12 hour Co Fecal •� • .; Coliform ; .• 200/100 ml 400/100 ml 1/qtr. Grab • The pH shall not be •lets than 6: 0 standard units .nor • • .� .. greater than -standard standard units and shall be every two weeks wlth_a'grab monitored sample There shall be no discharge of floating.solids or visible foam in other.than trace'amounts, Samples taken in compliance with the monitoring requirements specified above shall be taken at the follow locations: nearest accessible point after final ing • ! , treatment but prior to actual discharge or mixin the receiving waters. g with P _ i • ! • O * For purposes of calculating the geometric mean, a value of 1/100 ml shall be asst which yields a valued less thanY fined to each determination 1/100 ml. The monthly geometric mean limitation one sample is taken'during a month. itation is not applicable if only , In addition to the s ,.e • - C P� 'fled li:hitr, : Ec�;:Fcndc3 Scol i 3:: conce;rt:rut7.nn• 1BODQ C• ' and j S - ::h.,1.1 not eYCCe�(1 lt1 oeoFg{;hef respective N `+' avc"ace S nf1.:u:ti,- concent2•:ati ori ' spective monthly Page - 3 or 10 - ...... . Permit Not. B. SCHEDULE OF COMPLIANCE '0029358 1- The permittee shall achieve compliance with discharges in accordance with the folioK•in . Schedule: the effluent limitations specified for 6 Operational Level Attained • Operations and MaintenanceOn effective date of permit - ' Manual and Daily Inspection 60days after effective date Check list on hand of permit o • r - . %2. No later than 14 calendar days followin a d compliance, the g ate identified in the above schedule off permittee shall submit either a report of specific actions being required b noncompliance. In the latter case, the ntotice shall incl },�• progr or, in the case of vritten notice of compliance or ified dates, a any remedial actions taken and the -- the cause of noncompliance requirement. probability of meeting the next scheduled • • •4 j • i a M 35 F -w,-3 -JUS 19 �97� ATTORNEY KRAMER DISCUSSED THE VIOLATIONS DOCUMENTS AND POINTED OUT THAT IXORA UTILITIES OBVIOUSLY DID NOT DO ANYTHING BECAUSE ALL VIOLATIONS ARE UNRESOLVED TO THIS TIME. ATTORNEY KRAMER FELT THAT BEFORE THE BOARD GIVES ANY CONSIDERATION TO A RATE INCREASE, THEY SHOULD IMPOSE AN ORDER ON IXORA UTILITIES GIVING THEM A TIME PERIOD TO ACCOMPLISH THE IMPROVEMENTS THEY PROMISED AND ALSO REQUIRE THEM TO TAKE THE RETAINED EARNINGS AND PUT THEM IN AN ESCROW ACCOUNT WITH RESTRICTIONS THAT THEY CAN BE USED ONLY TO IMPROVE THE PLANT. ATTORNEY KRAMER CONCLUDED BY ASKING THE BOARD T0. DENY THE RATE IN- CREASE AND TAKE THE ACTION JUST REQUESTED. ATTORNEY COLLINS STATED THAT THE BASIS OF THIS MATTER BEFORE THE COMMISSION IS THE RESOLUTION GRANTED TO IXORA UTILITIES .RECORDED IN OR BOOK 93 AND AMENDMENT THERETO, RESOLUTION # 76-34. HE REQUESTED THAT THESE DOCUMENTS BE MADE A PART OF THE RECORDi- k 102 404 `JUL 19 1978 i} ':'r ',i�4".!M!•lWi3µ v'`s"'t p Qb,.. , ',. Ma i..y�.T . 4' '" pfi7'I ` '''�' + 1} b fib• ' "Sy:�..t. dis. 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' etsaaents and fraachiMes relating to any Mush gyatea and deemed . �, t ` •• necessary or convenient for the "oration thereato fig) osewor systeme is any plant, system, facility or property used or useful or having the present capacity for the �. future use in can Motion with the eollestioa, treatment, parifiaa. n 4• s tion or disposal of savage and savage affluent and residue for the public and without limiting the generality of the foregoing defi.• nation shall embrace treatment plants, Pmuping stAtlona, Inter• .• copting•sewers, pressure lines, malas, laterals and all a*oosmary F i;a 1l. . •,•. ,,' appnrtenaaees and equipment and shall iseladg all property rights. easements ,and franchises relating to any such system and caused ,a necessary or convenient for the operation thereof. c ! . !hers is hereby granted by the County'te the QompmW the exelasive franchise, right and privilege to *rest, construct, . operate and maintain a water system and a somor system either or both within the proscribed territory as horeia provided and for . these Purposesto sell and distribute water and to sellout and dispose at savage within the territory and for those purposes to y, establish the necessary facilities and equipment and to lay and 4' -Y. a•;WAIMItaft the necessary Naga, pipes, malas and other appurtonaneea necessary therefor In, along, ander and across the public alloys, streets, roads, highways and other public planes of the Countyi provided, however, that the County roaerves the right to penult a the we of such public places tar any and all other lawful purposes fad subject always to the paramount right at the publis in and to Mach public places. ` QECTICX IV • e�•'.i a. The territory in which this franchise shall be applisabia 4 'LADi1is all that part of Indian Ewer county, norida, located within F the following described boundary -limes, to -wits rci' begin at the Northeast aornor of Tract p, section lit, .� .t township 33 south, 6ango 39 Eaet1 t4oaw ran West too, a. the =Northwest earner of Tract 12, Section 151 thence i w F run south to the Southwest corner of Tract 13 of Bootlon 221 thence sun star t to the southeast Gorr � 4 LAM :4F:k ,aJ .'�3at5i'rLjY - .,,r,......t•-t...wq b.,Q 4[ji�HTaFA°v � A a 1 a ku i��'�' n. ; .1 •1 '3•°'9a M1 t:.'�' °^;1 a, d:1sp.3t'r �. -`.t q;r_*- �• n.. .r._• .'a. 'Ss 'li:l�'A.^•Yj9 . NIN poem. . 4+rn8s/NFP�t.,..tlS�PAR,Yr'�h,►:•ti4d�!'°1..1'M�rrNi%.{e+�GLLkfkwilll.al+.oat �a.�aliWrc%n.;�r�ry4�yv�.,4�.{,r{^at4zE'WEt%pb•'EC�'r1•C"^ri•.�.�fw,ylt,-'�S�tg (e�:1. •.r +' . Mt- *, r aa, .. i5ohX' '•''+ r'-a^•9']F ;I S�' "�, . 'M: 4r1?.�y • P,a�f y� r! r �.."?n •. t..).. ), ♦ •vii- .µ.y •-) .:� Ye• .. 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Y.a. ro+•;-%•r....:.. . q • �•.:.._ a 3cq:a - e,. r.v .gt,eax�ar•K 'rte... p•u. trc.:.y.. r � 7 �.,^.., satr..r•,�-ea�:�-.... - r,?nYSr :i S.r .f+'+ .- .. «1:: .. •�•:�ti. n b9n "�:f. t-. •A S ..... 1't. .•�.,•. `.•'f{.. ... ..a .. na::4.«-::-moi ••n-+yL.J.<!- ^,i«e0 :w-:i=aa7.ti•4F�;«r _ n1',.yy;�`,,i� selW.. .'F+e..+4fG"!1'•aYaid!b+W.wnt'v;e'ps(+ldv s�r+,9a tWo 2a",,. :.Yr .::i .•...'P^,;ry.'a:'Y.:.tiY4tf'h:,,:'.,..V."MaMRq'IIY:i!' .-.. -1 i..1 S:E:. .._TtDe )tf 4; r.-...� � rv+ ..p..:l +' ..'•i:s•.,t. w). i+.:e+. .:t;••,H�fdil'�'a»�'R:'d«9;w:t2'Kia7i.?Mw!'.'•S3:UdJ.4vl.^•^',tt. v'.i::�;Et•d.:ytiG'mWT Yr. • f.t• ♦.• . n• L ,•)' b. . ••) 4 : M • V -y..:. a .. - i4Y4" M F M «. A • i f AY. d�� 7,.r..,....• ,..;fes• •iFm.•.'a.M�•+•x..•. RD>�F�#'a�.+ssarstlf% .sne/•'wn`tm w+wuwiA•ur►.r.•m,�•.n!.r«.e•rM.•wawws!a.w�iwsw•ar,� - +sy'y.._.•. ,J..-vya4^'y+•J =f• : 'ti'':.Y '.e t f•+ .. -'$:.. w¢i ,.' } Jr, ): v: r B : , t r.a:-: • .� * yr.,.. �r • �a. s.;.«, 4,.wr:: n hei:i aF.. 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Y_V r'Ma.. •i' ;7.n., i.-R•n.-:p •ar•'•v ahs•'.. _.'•i;ti- `�:-pfis...-,= :.« '-�'•�...La:iS;. ,-T v, K2i:•:d;.••« t.. .-. �. .....:gr*t'rb�S6'•:rt�'t2f ...r ;••st-Y`»R:�p'u4v JN•' "r�11 '.y.•„lvv�:•k•.• .i-`--r•uB?i4!i�Y• rsJ.:`iE”APY+!'�t1••K!'?"t�'{..r-..i.`a+t—,++�=^�+* 3 a'i}..ri: x,v. ,•.31",.,'...7-l'h .. s. .a.r ..«.. ..Y. t,., r'P t�f •.3s ':S �.. .-t• l;- ;:,r ....•'(t'. _.. sa ...,.�. - Sr, •,3 i:v.'«.. :.�:.d": �ranw,Ys•a'�a�pr�«+•a4�+.`f+�y'4m.9pi��z.,r�etMt49rre�t?tr•a r....+�iMt.a +°-rr+ii•iasr�a«...•x,: m+,>!pry'tr,oY-asfita;isic�B�BE'-�ITiR--ah+!�ap�'`.°�` .r$S�'S�,Ft=•aF�s Ora -'ii t'i �tll�a (C'%ist �.:'; ..�H;:. :::ai?'i�':t.12'�t"=}wyN�Jtt�7i 8•� •: a.e�ti►. �iSi�.i�,.,:.t3 YFi.': Lt's: i.�73^+''.!.3•t.fidef ,; aJ�:::•k-. 44-,,•�r%Ya« �?-r�.z..r .�:..6 '� ."1.s.+K;••aiip: -'ti' . nt,:u.i�,r.+„r,�- �.: `§:"+r-q;E •:i:. •,,p-.•�;i;.�. t••. t :.s-� ° ':9 1f 4r e�p�•q ti. -.fin-r e, .:;aamn - *.»h �'''C•. ° .'� P•�'- Ss•". «#3 S• Svai[':'C• 3.r,r n.;• .i a a n l' tl... a "r ea'Yr ro•W .•!+. +ti�;w - y .a r.:4. ti . •W •e« �f s • .,�utj:f E.•pp,:..S"t- *' :N ..., _. ,.. �:..rf§tr•_s..::-:�`6'..,r.Y:�.�•.....,.,-a6t'� r-: ,!i>."5. • `'��-:i,, }: .Pv+� ih3•a,�i tr: ,; •�> ...� ! .,r. 'r,..e`..� ^`:`. .« `•. � s OFFICIAL RECORD of Tract 16, Section 22; thence ruin North to the South boundary of the South Relief Canal; thence meander Easterly along the South boundart of the South Relief Canal to a point which inter sects with the East boundary of Tract 16, Section 14; thence North to the point of beginnthr; all of the above being located in Township 33 South, Range 39 East, according to the last general plat Of Indian River Farms Company, as shown in a plat recorded with the Clerk of the Circuit'Court of Indian River.County. SECTION V The Compaq shall at all times during the life of this franebiee be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution provide. SECTICN'VI It is expressly understood and agreed by and between the Company and the County that the Company shall save the County and members of the Board barmless from any loss sustained by the County on account of any suit, judgment, execution, claim or de- Piand whatsoever resulting from negligence on the part of the Company I& the construction, operation or maintenance under the terms of this franchise. The parties agree that in the construe. tion of this section, the claim of any person resulting from neg. llrenee on the part of the Company may be prosecuted directly by such person against the Company as if no governmental immunity accrued to the County by virtue of the Company'le use of a public place of the County. The County shall notify the Company promptly after -presentation of any claim or demand. SECTION : The Company shall maintain and operate its plant and system and render efficient service in accardanceL with the rules and regulations as are or may be not forth by the Board from time to time. The right 1s hereby reserved to the County to adopt, in addition to the provisions herein contained and exist- ing applicable resolutions or laws, such additional regulations as it shall find necessary in the exercise of the police power and lawful authority vested in said County, provided that sueb 'regulations shall be reasonable and not in conflict with the rights herein granted and not in conflict With. the laws of the Stats of Plorida. The County shall have Lbs right to supervise • .357 �a7 77 1 •, `.r of ,'•• '•• .• • •, ,' .. . • • .red 'S OFFICIAL RECORD of Tract 16, Section 22; thence ruin North to the South boundary of the South Relief Canal; thence meander Easterly along the South boundart of the South Relief Canal to a point which inter sects with the East boundary of Tract 16, Section 14; thence North to the point of beginnthr; all of the above being located in Township 33 South, Range 39 East, according to the last general plat Of Indian River Farms Company, as shown in a plat recorded with the Clerk of the Circuit'Court of Indian River.County. SECTION V The Compaq shall at all times during the life of this franebiee be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution provide. SECTICN'VI It is expressly understood and agreed by and between the Company and the County that the Company shall save the County and members of the Board barmless from any loss sustained by the County on account of any suit, judgment, execution, claim or de- Piand whatsoever resulting from negligence on the part of the Company I& the construction, operation or maintenance under the terms of this franchise. The parties agree that in the construe. tion of this section, the claim of any person resulting from neg. llrenee on the part of the Company may be prosecuted directly by such person against the Company as if no governmental immunity accrued to the County by virtue of the Company'le use of a public place of the County. The County shall notify the Company promptly after -presentation of any claim or demand. SECTION : The Company shall maintain and operate its plant and system and render efficient service in accardanceL with the rules and regulations as are or may be not forth by the Board from time to time. The right 1s hereby reserved to the County to adopt, in addition to the provisions herein contained and exist- ing applicable resolutions or laws, such additional regulations as it shall find necessary in the exercise of the police power and lawful authority vested in said County, provided that sueb 'regulations shall be reasonable and not in conflict with the rights herein granted and not in conflict With. the laws of the Stats of Plorida. The County shall have Lbs right to supervise • .357 �a7 I�.'+�'wy��p�•(�Y�,y�Ri,T••Tkt1M'J%>)Mia''i4WhW....!#�.NiO'Mf'1W�M+F�CtMfdi F:Nt�P•k�•�Njtv�fg9t•♦Y.• rT:A1tKe!•ca•aiNN1P61V.1�49�a."i�q,:yy�:'b.�7li4MSR>"Y.R�-I!!P�y�.,l��:•;tiCnFk�Xp°iRrY• ii'ai6�wW.1sW We�t.9�iN.�Q':�/�netVgwirP .? .y2- 9"WA "�' `q, 'A i • ��.+• r••i11�i j�F��i �'l: ;3S{: '�•,��:4`ri'A..1'.N.. li,p"'rcj'.yrs . . �?r•:r{'•, ..a,_" stu"-,. ... .,y,.,pn, ,_il:�j a .'k ... '': ?•:. + - '!.;',;,•..^`i-; .•,r'•" .�4-a{.^'.":"9�1.t'';:�4 t:'aa�'<��•a^Fi'...-•''';.`�'}"''�: ....4 .^•:7 Tw.a ...-....,.. .-.o. in.}.wJ•- ,. ..... .-.•.fa•ii+:A.+ ..1.. rod -..,,.y,. re .f .. •. iiy.:. . .-.. y -i.-. r .. ,.. ..1'W.L:as'iY'.'`:a n•P • ,,.-.1.; .yy"....iA..r O.. ,.•, '}•1'•N$`•tlC•'�••Ity.••'•'"'a V..,`.rIP^.�','..�.r�.AM J.. .. w-M.+.t V..Jsj�`}�!f.l.Y... !1{C:a 41 Y. -tn"i.' I'•ri. 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L•Y. ru-••t ... �«i}a'S -'+t. lsq�,i. t;. � i. . �.gr.tr.. .,r•1'Y'C•R.'!""., .r.� rT ."�w.t>t..u..^+.+,t,r,>,rx.y'.W a?i:.t.. - ,. -.. L-'.. b ri ..•r d; :y, s^ � Y •.,, » Via. }}„ r.._y;• t e,;�aL� y .y �•, ,p•. „r �{. . iN .i' _.e,..{.r . d:+•`.ts:'a <..a, xi_ „? , . .s: ,+,. t~ .:.,.. t......�.Ya r:, .r . '-1• .. ,i . .tia.J;r.-. s•. i•ua:lr3t{.i::t'�'.;vF w.'�:%w•rr-+�.c..-3'.kvwWa• .^.: �. 1 :.a• { `»4,;• y; p. „° YSr�p t•;.j=y �. ...;t ,may y ( •i IZ-7 SMWA''.o : / "ii rw'•f'•?L'Ant'9�'�i•� Av{�`tY3P y' ll+i".�i+(i•{/'Kf. f'ITI{1t J. ri 1 Lf id .. �R AtJ �l�C 4P�•. R' it.ey °e'^F•fi-+SX .moi$.' 'k't.�M•i .i .; y',}4j 1. •`E•'R '�;,' gip. _ -:r - ° b •^5 Dt2t K:' ,: t: ...R" V' .: T.f t: .t J 4'x iv.:... .i' Fw'. 1 Y• - •'°[i • , •O e nFFICIAL RECORD Pow an construction or installation work psrforwsd and to auks such inspections as it shall find neesasary to insure campllanee with all governing regulations. Upon the tezu1netion of this franchise. the Company grants to the County the right at the election .of s the County and upon payment of m hereinafter amount as hereifter provided to purchase and take over the property of the Company. The amount to . - be paid by the County to the Company shall be the actual then existing value of all seal and tangible personal property of the • _ j Company. In the event any Part er all of the territory covered by this franchise shall be hereinafter incorporated in the limits of any msnicipality of the. State of Floridan then in such event �'-• the Company agrees as a part of the oonsideration'of tis granting of this franchise that Said municipality is herewith granted the right, power and authority to aaqtdra all the property, assets '+ and facilities of the Company used in its services order this franchise. The amount to be paid by the City to the Cospaay shall - be determined wader the law of the State of Florida provided in eminent domain prooeedings. SMUN 9122 ,'k'•, L21 the facilities of the Company shall be constructed only in accordance with plans and specifications approved by the ' tuts Hoard of Health of the State of Florida and the quantity • quality of water delivered and sold and the manner of eollee� im and disposal of sewage shill at all time be and remain net y t erior to the -rules, regulations and standards now or hereafter dopted by the State Board of Health. She Company aball maintain suffioient water pressure and mains of sufficient ais* with fire ydraoto and other facilities necessary to furnish fire protec- tion at any and all areas within the territory serviced by the &ball also supply all water through motors y Ajtr ompany. The Company ' • • ich shall aoourately measure the amount of water auppliod -to t• _ consumer. The Compwq. &hall at any ties whoa requested by a msumer make a test of the accuracy of any meter$ prior, howevar, •, ` S r o gay test being made by the Company the amu of rive 05.00) Y the art rsgasatlQ • lar, shall be deposited wish the company by party ueh t•st• such saw shall be returned if the test shows the aster D 197a kms. .• ,L•.� .•• �, •.••aa••awwa• •„ $k. Mae '•. _r N . a .: a••.=777777 1, e::ti. .1-,,...e. x„a•...s. .,., .,.... .w, _c•. v:sl.J.:.: .1 is a.; _. ii., r.... ,. a..9.. '1�'. .. ..... _. .. _-. -_ _. .... - r•a�'+� �w.a. cue.wa�e�'ay...•�•�r.��t�r...a`.'�.acaeawr.�+,x•�i+a�+rewm*�e�yiw.t:+�P,�wrvrare� _ • • yi �.•.t�t�p kyr ¢y��}7*--:1"`--,—;!V1'r1-1---- Mv £(t�+fR.R„1I',"r') i ; ♦ r ��7 )7 i+ +J _'� '{°•b�►'eA*in+•wg4•• r�. Wit'... 6.. •., r ^"f1p'n. a.4 .. �, „' �i. .P ..:1"..1' - - 'r:i.,l- {i. 'r+; r -1 ' } 1, w %"' .-r!:;'''':r: t,�wwg•.,* .a,•i.�t-� .�. i ,�_ •�.. t�•t`�+F:4.� :.�y�•�,""�•• £��+•.xa,i:.r�•iF•�'° ..�w.w ,.. 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Nt t r,cY 1» r y .L ...r,;d.•. r•..,...u' ak- d' - .•.•a°' $ 't�.P,U'.,ao.. .r`.: -�r?•�?��v.r ••.ar': _-�?':'9. 't':'_y.r '!....:"t-:. ._..Ya ..-�}�C':a:�''..-...4_fe-�'•.:^.__-r'r �•ur 1t. .. ...y '�"...t.Ve''.' - '''.-_.a.:«s-�u .•w'F.0.+,`. '-,air'.. . _.7�.. r.._.-. _.'. ....... s;a • s s • y • • • • - ' _. .. J'. P' Pk6F, 4J. ` JUL 19 1978•.. ' +r,- �r mr �;:C%t rr� ui'�.a+R', tkY 4ak� r'47+a&'' �fi• �*.' fi veW�rlJl+.-� �mAaF,� y F•� M1lbg�fr, 11& •POA..,^S1 � ry..F�,•6i^d W 1�,.�t �u,'i .NFA it >7tq;M , tM, 7Y'y �y t OMC1AL RECORD ear 9? -�s>E537 to be inaccurate in its deliver:. Whenever it is necessary to shat oft or interrupt service tar the purpose of laking repairs os installations, the Company shall do to at •saah tiros as will oaase the least amount of incoaionienoe to its consumers end unleso such repairs are unforeseen and Immediately necessary, it shall give reasonable notice thereof to its consumers. SEC?IOA xx (a) 'mo Company shall have the authority to promulgate such rales, regulttiont, terms atd conditions severing the can. dust of its business as shall be reasonably necessaryto enable the Company to exeraise Its.rights and perform its obligations under this franchise and to issue sn'untnterrupted service to each and all of its consumers; provided, however, that such rales, regulations, terns and conditions shall not be in conflict with the provisions hereof or with the laws of the State of Florida' and all of the same shall be subject to the approval of the Board. (b) At all time herein whore discretionary power is left with the Board of County Commissioners, the Company, before discretionary action is ta1wn by the Board of the County Com de- sioners, can request said Board that a group of arbitrators be appointed, and such group shall consist aft 1. ,County Bagineer 2. Company Bnginoor 3• One person solvated by -the two above-named personse and this Board of Arbitrators shall mate reocsmendatiaua to the. Hoard of County Commissioners but such rasommendations are not mandatory. Any final decision the arbitrators or Board may have, with respect to this franchise, can be appealed to the Circuit Court of Indian River County by either party. 82MOa' x All pipes, mains, hyirants, valvfa and other fixtures laid or placed by the Company shall be so least*& in the public places in the County An as not to obstruet or intortere with.um• other uses made of soot public places already installed. She Compaaf shall whenever praoti*able avoid interfering with the i}Frf dfy::a�!'7 ,'r�C1wi �dje .fit T=d •+ + ,R .• s �• . 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'vli.s: ul 'A :'r,�.,is .:•c`',ci3<3a'3�:lii. .e•� =`-: ,"a6'� "�. td°FI�yJRiF■=tC l} '°Q!?!'•T' ,t-4}�T■'Y4�4Aad'e0 6 tV"•!w 4ffiN? t�Ml .. rJ qi - / C:,$•. !a - } .y . -.�sia !' - ••. 7'.-st. a.8+-•- yJ}g'4:;'a y'.2,N�Es�diiwt v-#.a{3v. ..: '8 •h.:••'..:.`id it•,+r4••",C.•>~'•4 xdrb:..s_::a�...t4'?-elr; }.-'i g,'!!i. di. �a t'::•!.'u.. .int.tl.t",.i'•+:.W+T'►'�1nI...�cM„+.ia!d•4--voPAt�'',ltd`i9•'d •i!�'b+a'8.W �3w•s: •:•+k,... � u,� '' L . iY `t"-`..�•ybd ^s•'rt:T irk .�a.PL7,•' S •tura<•.t a r 1 'fir. ! h.. .i Y .°.3a:o hk .i4 �' IGi �)r r -a r k --f• .ljr�i� .»tea w�..,'�•'�Sdti�3'�.i y� -q.., r-� of 't-;.5.. r.� � =t.-.. � a --•:i, is i4:k s hr�-'fir-'•-• lid..: c a+w ��sM•'•e'i - - -_ -... __.,. .,. - ►�_. ..,,.<,.�.. ...........,.. ,...-w;ihm,.e - ..crwwi...:�liv 4ifa�^•elbN if s:a,.r•rY+rL-�' y 'f"mtt•?aao�Qi��.�G£ f t' - r OFFICIAL RECOPO ! WIN 9� °xa ri3f3 ase Of May street, a11ey or ether bighmW.'Where th*ipaving or surface of the arm* Would'be disturbed. 7u case of any distur- ' bance of pavement, sidewalk, driveway or other surfacing, the Company shall at its Mn cost and expense and in a saaner approved by the County Ugia*ers, replace and restore all such G"G* so + disturbed in as good condition as befere Bald wort was eomsenned and shall maintain the restoration in an approved condition for a period of we year. In the event that guy time the County shall lawfully elect to alter or.change the grade of or relocate or widen or otherwise change W such publio way, the Company shall, upon reasonable notice by the County, remove, relay and relocate '.. its fixtures at its awn expense. She Comopsny shall not locate any of its facilities nor do any construction Which would Great* any obstructions or conditions which are or may b*come dangerous to the . traveling public. In the event any such public plane under or upon - which the Company shall have located its facilities shall be closed abandoned, vaunted or discontinued, the Board W terminate such 1 _... easement or license of the Company there to= provided, however, i In the event of this termination of *asemwat, the person requesting sash tuftlnation shall pay *to the Campanyt in "Was", its seats of a`A removal and relocation of the removed facilities la order to *on- time its service as theretofore existing, or the County *ball r*- . ^t taro an easement not leu than tort feet in width for the benefit ' •i : of the Company and its facilities. Vim, . " . •. ti The Company shall not as to rates, gharges, service a.. fa6111ti*s, rules, regulations or 1a any other r*sp*ot make. or a' grant any preference or advantage to Guy person nor subject any person to any prejudice or disadvantage, provided that nothing herein shall prohibit the establishment of a graduated goals or charges and classified rate schedules to which any eonsuaer coming within such classification would be entitled. 88MON MM (a). the Company shall farnlah, supply,.1astall and make �,,•4 available its publia Water system and its public sower system to any and all persomw within the territory making demand therefor, aa�e�GeAii+fit'�a+te+►tr�f+�s.+Ftz+�!.s�ma. �'t"•tro:.l�+a..e+.t - a,°iC�.�#4fSk"R`aa'w°...,aa�:�•L�e+s•�abrr+�,. ._ _ •. _ _. A _. - .._. t,.._.r s......,v -.�. m•-n....a.:.ss]..i..i..e�...:S.iu.4,la4AtiAL{1- -'ate+/J•bL.:v2s. E` ' Et�{;9r•i. ;ti.;!', -., z:S'3•rx4E...l r�r'rs•.:`..w. ';;r :i<i: a.. -T'� , .tt;'3F 'Gmw'..i.. .� . ., !:`�L :N;"9. 1.. . 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'«i�►�)Yr, tsLUt. Mj'4411•ff ai9Dsity •7 'pv.+W.SRe#6et _ �•ev �.'r111rti�•S�MZ`� .••}`E,'.�iI VI',S•:'lt'�!.. '4t. k.!E.M.E.i�il'AI�y., .:.. :"A•?•��3'118 •�1h1 M -.E" --T lCaEN�il!'r �.•y :iKii'd�: ...-»�JJ•i eLhL:::%�.•1Sap:>�.II'1l. 1i. iL".I�s.`+'; �. i'A.!i`riy.ei+.!1'�'�•."EiQ1NY•C'..1.9 -! .r .A J .. r �.. >J C 1 . ! 1 • !.� e11eF � ]... } l . µ - ^.p. Y A .1 W,N } !'4(f.l } � ti ..ei/+f 1 sG, 9t�ta..�lOr•.•AHRa.f Y+'MMMImAk.tM!•..IMtY�.•.��3lbt 's•,n f, '1'i.•kkNP..LrM�1G+..Cy�t'M1V•' <J17J1i41M�b"�YIa.MfYar'V Y s.a!•.B�;ejr••s--^!-W''a..'q.W„••'3"s+aelq•�+^..'!:9.!; ^.?•d•r' =•• wr<..fiie�.'C?'}�h.t• :t"�'S:�a• :F4..t 04 :.. tipt*..*';9y. :'.'".�'iNY••e==d - R1 B'';':'��t•^.'?F. . ".:�.Y.:fi'Lt-„�•>i\y}y .-'^'f. • - 1 .i... •...a ,•x•t-, r •h• ..,..,.f..t r ra•.a:.ua.n .t.y . t .i:�aGV4 .. „� .. •„ t ' A44Ntv4.1WF tAR�-�. .0tt91aa�aai %wowbW lip •'•'T' `.i %-`L .d-iU-ri.; eiS'•4 w a a �.-K.j�'>-f+�.}.1 t • a6.w'°.... 4.4'x+. ti wv i a-.� 't4M::1z a#$AS `i' -.fit- t "1 •.,r. a S, : 9, S. e �.+ .4!k a"nrli% . §`• 4+.+9F'•�. �3 F S; �na:.@.�EI. `j�'d r -,-a. a..f7.V3 M.••!,$!. t•A .,�.�rg ,; rc-.w •. j;:, :•{. ...�i•rt^'htt iN�?tE�'n�CG.*li�k,�s_3 �t ...a 1 fA-.T i .' p,'t. '`•'� +'?''t'G.#41!;=�{G .r�''�•._. •:15.+r. ..�. .• .. ..1: ..t.4yi 1 i » GtG�%f3Y t �!'�M •t?1.. 4\.� 4p.4'}�: '?=` ti- i d y .m +- •6:-fii!Cyfi1%.-.,4 . M,. ,. -,. q. . ..c-.t+>WE�?! '! r .. :�. i � Y�-x ..e •+.••w a i' �l •$-a . •i ,' ET 4•�l.�v .f--t'•li i�..11+5 F.rw.�?y_...,y��.._-,�a:... :uk��FL. �.Li?:......G..-._ ..,m _,... .�t:::....a.,...t.�w....g...>+%::�k-...•..�..s..�..��;�'i,s.:.a�•at;•icr.,"�n�•�r'2'x.�:r..•a, ��•�ts.,ad4�.5..�:� l.v'�.w.S. 1�_jywr'.., •,.' Ot21%b'i�T'{t'(ltff.'.?1•6f�'A7.�irG 3:'ist ".r��uC1'�t[<'`=YL�F•Y' ��31''�Q�•!�..1�4•��ft�'54� . •Py-. .. ":i• i a �.. �.••.i xt^= - - .: t .`•.s T• .a :... •!-. '., '4 {a.: .a.r•• �, ., • 6m;.n3'R:1i::4 S.ur^c. L : -.. . _Y '. ..- .. ]a .. .. .:d _ f. a:4i.:..` .•'al'S-f M.'n• Ny..`.#.'.�.f :+- ��.fr 'c..,,.,; .�,a �C 'i �.{Y`•�{•36•'•..�2LaH 1s G'Ii'y%i'� R' L`- - •�Rn�irg1'.'i•F.y,' jy•`Y•`r :-.Wa4-a.A ' -"4;4 .•.`A -•a law .T -�.• ^ _ .{ T .. �•.•1M'�a T'i '��- ye.! .,; .f44.1>KA •YF9iMe@ 1 1 <' '! �! y r ti .2.,�,. ^tl. ¢t P••w..r ., J - tisul-. S• \.-ej'L•a`j ': : J44 gid, � �.p��! 1 1 J L1't•r.. +Y•.9ia'�'.P.�w..2h ...,} � ..L .. .. . i- •¢.-t.�3 ■ n T I cq Elsa •.�:, a.:........_ .. 4 ....., urn • :..... ,ILa.....�....yr..+... = 'U" ICK RECORD and shall provide such demanding person with its services and teat ♦ `. lines within one year from the date of such demand, provided, •. however. that the Board may, upon application of the Caapaip. - eztend the time for providing each carries to such.demanding, 4 person. In the event the Company fails to previde. its services and taoilities either as to a water system or sewer system or both ". to say area within the territory within the time provided,, than In such event the Countymay by resolutisn of the Board licit, restriet.and confine the territory to that area then beteg sero. vioed by both water and sever by the Company or sack greater area .. as -the Board shall determine and thereafter the territory shall ' be only the area set forth. defined and provided'by the Board and the provisions of this franchise shall not extend beyond the limits +r of the ar4a so restricted and defined. - :•• o•; - (b) The C=Wany shall not be required to furnish. sappy ;. install and make available its public water system or its public sever system or both to any person within the territory as kers- inbefore set forth, unless the same my be dans at such a cost '_ '• to the Company as shall make the addition proposed financially feasible. pinanaially feasible shall mean that with a fair and reasonable rate to be charged by the Caoposy for all its services ander this franchises that such rate will•prodaoe to the-Compsty a sacs sufficient to meet all necessary costs or the services, Including a fair rate of return an the net valuation of its proper' . _ devoted thereto under efficient and economical management. the burden of showing that a prospective service to the 'area L net 4 ' financially feasible shall be the burden of the Company. V ` `. gxcriaW uiI the Company shall not sell or transfer its plant or system to another nor transfersty rights under this tranehlq to another without the approval of the Board, and provided further F-A.rry T -L I that no such sale or transfer aft:r snob approval shall be eftea- - hive until the vend.., assignee or leasee has filed with the Board an instrument in writing reciting the fast of Amok transfer and accepting the teras of this franchise and agreeing to perform all of the spnditiens thereof. 1n sty sweat this franchise ahall JUL 1-9,1978 '' ., .. • . ..�....:.a,. x.35 �-: �- t ► = MJF;.-•.�m.ai¢-+tA•ZdKrna..,R.r.m.•a,nw,^.!GldaYe9rs+i.4n._:,v, r*<t<181►'fMa►+a�.. ..a....-�.3�e1^''6tdt'q. •. a.+:dn�at^'�'fac+'!;s•*'s..�,/isim'k4.r..�•�►i.�ep.!>^•Jr.'tlY'y!'�1?s�ksFa�wr.: ....w y�.e»itt;,;�eit 'G•�'i'!^�i'S-q"p+�. .�O3r., �t�. r-.%. ti:.• ....:hn '`h-µ.TQ .i.a•s,rbst ..1.�;:.;.rti'•+.« a'. r�•-•„t+ «`pi±s. .. 3.. 3e3 �r;4f ., c;. ,fqs.. ,l ' .. �.• .. t, «_ :-i.,. ai « '��. .. s.«F«_ ., :at.' - ....�.. .. ,}�'.4 r,p•.. .�a ate:. .'��..,,,„. • JlT- JAlEe•?,--ww.a>r•R•.r•. riaV'!.'+•i..•':J+iaa�CHv+•'@r�,+sJ++.a'•. •.. N""!li'QiReasu}>a. <'+ __'.'•n..fir•os'a«w......r.-Y•tvd..awax-••a-,'s•n'•. :.,:. rt�t..4'�kwra>o7e:r.:••...a-.ti.:c•a-.eM+klleae+w rtc•e.e.+5'wma,t�,�F u:4 ,adtW-W'Iba+�!'� lb'". nh. r:•1r 1. .t,a'ly.c !•r"�•!'�^r:'.-.t,:W 4.F tvi�3! ,.7Y}W• ,«.•• l«�E•"!'��' .. 'Q••9`yl�lii4f :•;4::..0 1.•.: �.''IF3 .. 'L•. "i'..M«7"{.C1�:A•i+Td, . •'•d:' NiVR.is1f. n t nnq dr.3i ..'MMM•-•MM•►O�t^suw*.E�iNtY^r'++.� ,r:Mw•++aiLeMGV+«sw+;«:r.•w •+idn,rf+iE:W.7 •Ai^ltal.�c ..•t 9! 4 w. wt ..s ♦- .-:'^t":�" _. , .. .. • .. .... ..', �. .. ,,. is .., r .y:.. •�, ,. N. u .. !:r' .. v ... - . , , � tG4T°TMArr'+..RLYMY'Iraahy.!•SJ➢-•t �••`f - .orapis+�a+�s.a-gwe•..��.�:,.�v..•.ark.3:c.w.�.:.-m>�v.r-...�.ser...,�}a•�ew�u«.:+.�e.:d+iiusr-aals..ve*:w.Mar .l,�,gsaat�„�Ww�->•a•'u�� ux,.�,�s:�.+1>.t,+.,�+ewpiiii�-..`�:.;• aarxaiid� �''-�'N•'�•mtKcl:;;s.,....a.:,.Rip,•atfpB+Ldr:iX�yt4,4fc•`:sr,tPt`e�;:.t�l::.'A�'�tfiw..a�•'s�vn!.s:,. fr ^' yk:x•:•b'.A�TtlSd�7Atrfw.i•,..l.::y'�iA^+=;rxc!}yA+.ii4!ix°•.v.:.a..:.u.icr:'y .,•�iy'.^•��tiT'u104'euAF•%:i�b ,a.�-:elvlei t r ..e "a •s:: `,..-r.:.A�'.v N�'�F'yeh '... _ +'G'IL . tt ...-ss� r:za. ia:it 3Mr•.r ;>,�w - .:.t _ . _ .. a :-:oO'�R- •.S•:ii«aTMi�..V..:i .. r - mss. -'.'4•�"q',�""t'1!'4�- a. .4: t - _ d ^tf- T a-a- t• d 4 rl:�-x ti q � r :ad. .'w� % -:w. i ',�oi'd'1.:• .37:! :.a:�.: - o MCIAI. RECORD , ' . 43z w 5titi ' Dot be transferrable and asaigaable until 044100 or request far tr .. •. transfer and assignment eball be given by the Company to the Board In writing, accompanied by a request from'the proposed . transferee, which application shall contain "formation eonaern- ,� Ing the financial status and otter gaalifieatissis of the proposed transferee and such other Information as the Board SKY- Moira. t public hearing shall be held an such regaa@4 of which notice &hail be given by publication t0 a nawepaper regularly Published �f in the County at least one ties act nor* then ane north nor less + than one week preceding such hearing .• Certified Proof of pbli- cation of asap notice *hall be tiled with the Be" Said bear- ing may thereafter be continued from time to tie as detOWW1 ed by the Board. The consent by the Board to anq-assignseat of this ' franchise &bail not unreasonably be withheld. - e• . • BROTI�4 21= The rates charged by the Company for Its service here- under shall be lair and reasonable and designed to meet all • oaa@ary costs of the service, including a fair rate of return 0n the net valuation. of its Properties devoted thereto under fficient and economical managee[eat. The Cos*agp agree• that it , shall be subject to all. authority now or hereafter P668e800d by ?r the County or any other regulatory body having competent jurie- '�'' diction to tis just, reasonable and compensatory rates. when this franohis@ tabs effect, to company shall have authority to charge and collect, but not to esaeed the fallowing schedule of rata@, _ which shall remain effeotivs until changed or nodlfled at herein ti.provided, toxitt ° }IOI y WAM RATE First 3,000 gallons #2.91 minimus per month tY est 6,000 gallons ® T705 per each 1,000 ga110m0 6,000 gallons a . per each 1,000 gallons •y1. ;1 ezt 25,000 gallons i Per each 1,000 gallons �F ` lfext 35,000 gallons a .330 per each 1,000 gallons Oyer 75,000 gallons ® .27 per each 1,000 gallons YATWt RATM a First unit $g2.9� for 3,000 gallons monthly aliOu"es° _ **and Omit1. 5 with 1,000 gallons allowance. 1 l4lninan .455 for up to 1,000 gallons pas "oath.10 i Thsreatter, add thero44 water rate for each additional 1,000 allous billed monthly as met forth In abcw eohedale.-jpn 33T + 3� • .. 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'i�:.t� ,"`�a.r"..�rs•3 rue.., a P:"t? ;•�rt-ra ^'!-.•_�;r��#�1•`..;at-.ti•r7•• _ .. . a. - ,• da�c. �° a•':.. �.• .••,� f., a.• ..F., �.w.,wt�•7•ay.+r*a ^,�1�t�•�«!•''�+•}"�uc>ems.rrwsr+roarth.e•sa•�•r:drNu'suw�t�m�'�i�a*is4 ran�^�F!!a� � ., A'.j .iy�4`�•Sti �;-_' ; } rT�i�..em\.w ". f ""••..txjtf'� s <`�S•t:�!�`s•-'t?3.a:'... ",3.. .. r>r7':-.: t,,,p}x,•.•.�;:itr„^Y.,•�"•s:.��t��-'•�'�`.,, _ .tea�fi•r+8"'.!�5��.-r ka'7r.!:t�sv,`”-�Z...,!-�'...$ae+.['�Y, a•.seY+.}..: a;'s••,. �''�;i�'�15; .: ba�.t�• • � ? - �t • tom' R ;� �, 'i° .�';" p c:�xt . `7e� a •f�?��' �;. ... � ;,7, ,ba«a. ,b.,t �.-rc - uw�f ;72 a.,�1cc.._,• .e. Se. •t•. >rse:+�a ••rz.� a••:w �sr- :ai.�a..�,. <u!. - m;.. .-x. .�,�. 7� }s• ,PPr _kt .�+t r 1:�>t: �e �' W'. I ;t�{ 4t' .L.r 'iC ti�'}'•,'Yr$ �`..• ^' � '-•'ri l'••1 >f_�a't. a s? A "w 41 r'•r:- •T.•14_4 �.'yi Ye ! _ - N Ri'"yF^.c AA av,: �.'.- a i - 4 ,..n.i ir. -d' : . .s.• r-Ac-'d•»..b. -rc .'.II:L.t R .F!••.•,.,.a�:a4aa .,:g2:•x.rera`nau ::t .. .-_.e..•': "••; ... ; '. � ro• ... r'!�e... '."•. ':;Sls r_ .. - .. - r '- ... _ ,.,r... f. - .-.. :: 4T ' _• M -w..... S iIFfIC1A!• RECORD 541 UTM RATES - ROLTV= VNM first 'Unit $2.9 for 3.000 gallons monthly allevame. Each Additional Unit •1.485 With allo*nmce of 1,000 gallons per month for each such unit. - Thereafter, add thereto the above basic Water rates?er sack additional 1,000 gallons billed. WATER COs10DMOW -CRAROM 5/0 inch meter 65.00 ' 3/4 inch meter _ 85.00 1 Inch aster 115.00 1-1/4 inch meter 150.00 1.1/2 inch mater 220.00 2 inches and over ..: ,-. Cost bat not leu than # 300.00 Tura on service 1.00 Re deposit required from resident comers. In addition to the above, the water conneotien charges . for persons other than persons using existing private systems at the time of the Initial• connections shall be the additional sam. of $265.00 to the above rates. Sewer Connection charges and *swap rates shall be ' estabusbsd in accordance with provisions provided for herein. SECTICR Iv • . i'he County shall have access at all reasonable boors to all at the Company's plans, contracts' engineering data, account. Ing, financial, statistioals consumer and serviee'raeords rela,. .' In to the property and the operation of the Company and to all Other records required to be Dept hereunder, and it shall file snob acounting reports and data with the County when required. III The Compauy shall at all times maintain public liability. • �' and property damage Insurance in such amounts as shall be required • from tine to time by the Board in aeothrdenee with good business 7- - • , - - .. practices as determined by safe business standards as establish@& - rr by the Board for the protection of the County and the general c• 'spublic 35 and for any liability Which may result from any action at the Company If any person servioed by the Company under this franchise complains to the -Board concerning the rates, charges WWOF operations of snob utility and the Company, after request • • y s made upon it .by the Boarda fails to satisfy or remedy such JU,•L 1 . 1970:•, or objection or fails to satisfy the board that said ' [amplaint omplaint or objsctim is, not proper# the Board may thorecpom, 35 :an•.•�•`.�N>t�{,'�Ay7fy6giy4yrlM�r'ar,+*'IPAR!:t°3N1Ri�.eSSO�7tu3C-R4krto4l+iR'_w.nuay�$�.'?R8'�`�'ffiTWL�,a:.•oras+•r'•�Y.�Y42tl5.s�+P�3,-y��CTg9R;,}6(�.r.��itl;r`9•e• -'«M*+ryyNid:�-•{s-+!'�n'�d•�"_14!t ice'-✓fl'�. - .1y, �. -'a.'- tj.'.k.:`al�.. .4w `•... �' .:,,'�•'^.^: �`{-. .4K'.,•._ •.. .5�.•^. .. o�.gS,F ips7'R',"�7!s is .. `t ,.: ',+," - ..`_G -m a.1!:«, �,,,,:r.,i. �!` IQW+.n..�•�er�eUQeY�.��Pyyr.ba4,ltr4 �°'aeVttM�ff49"e°°e'}N�'- �.•i...�riir:dbi;NrY:•_tf 1.•.p•.WY ��.�.". tr.ti,... 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J.++,aM•s��t.�!- v 1"Lt, i i "�#•$ a >T .JI .,: 't+s toy �r-i', � '� ,: { •-` s._i.:-tNgqj�,tiat'j r.. ,t,. xnn�--.:.. �.,o, s dr'' c+axe�A'=la. mS.hi4 -i�t6"'Ri .rev rv:.+�,yt ,�-.t., t--�J .es S •.rE, �.. r?F,'��v _,u meq. ,.e --+ �vc..•Tt'•�i' It:� : x PK -e F$ l d.1''.. �'•ai.'S+�' b 'y.r^� t ,syr., � �'-.' r� ? W t l;a st. •i•ku'1.riY.t.Facs.-b+c 4 t -w � 9Ytt i?1-3' L;ae.F•^:..'r$" rl._e'';. _..t `'.:. a'SY• .e- :,,i..,.. e.x,".:. ,xd a._,'a.. ' ` , �' .t'.; t'� ;q. -.;.7,i-, OFFICIAL RECORD + S2 w 542 alter due notice to such utility, schedule a hearing concerning such complaint or objection and the Board say review the rates and charges not and charged by the.Caapay for. the services Al which it furnishes or the nature and character of the service it furnishes or the quality or services furnished. yf the Board enters its order pursuant to ough hearing and the Company feels It is aggrieved by such Order, the Company uy seek review of the Board's action by proceedlMs in the Circuit Court of the Celsntyi otherwise, the CompacT shall promptly comply with the Order Of the Board. SMxOff XPIZ Should the Company desire to establish sewar rates and charges or should the Company deal" to increase any charge* heretofore established and approved by the Board, then the Company shall notify the Board is writing, setting forth the -schedule of rates and charges Much it proposes. A public hearing shall thou be held on one request, of Much notice shall to gives by publi- cation in a newspaper regularly published in said County at least ons time not more then woe month nor lose than one west preceding O , mach hearing. Certified proof of publication of snoh notice shall be filed with the Board. sold hearing may thereafter be continued from time to time ox determined by'the Board. If the, Board antori an order pursuant to such hearing sed the Company or any person feels aggrieved by such order, than the Company or such person may seek review of the Boardle action by proceedings in the Circuit Court of the County. somas IYIIi Prior to the Company placing any of its facilities in any of the public places as herein authorised, the Company shall flake application to and obtain a persalt frac the County xMginser authorlxing said construction in the saes manner as permits aro authorised in the County for the use of the public roads as shall now or hereafter be established by regulations of the County. The Comty shall have the right when special circumstances exist ' to detersino the tiro in which, scab construction shall be done. 48,01, 9 NP No 1PNIMPINPIPPIPIRP I IN '^*'+a+:a1p^Mi:JYr`Mb-.,i;,•••cm9-"='='°ac.a'NsSf@P�'vrtwa:SPaoYsatlidd"•s•,,,ao• r►ss.< i.a....,.y,++y�'i�+lyae��•n'R•1i,.%.+Tr ..v.•.w+•... .-. 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T' u4:4 �.a..:e r«..' :ce.sr,+a..;..r..w.r—•..FiF: r r ! • - -nasi ��ra... - - >; `� bFFiCiAI RECORD f . �L -A:A 543 • SIMON cmc •, _ .. If the Company fails or refuses to promptly and faith - folly keep, perform and abide by each and all of the teras fund conditions of this franchise, then the Beard shall give the, Company a� written notice of each deiicienoies or defaults and a reasonabli time within which the Company shall remedy the sass, which notice _ shall eeity the deficiency or default. If the company tails sp to remedy snail deficiency or default within the time required by the notice from the Board. the Board may thereafter schedule a hearing concerning the same with reasonable notice •thereof to Company and after such hearing at.whioh all iatereeted parties shall be beard, the Board may further limit or restrict this franchlse'cr may terminate and eanoel the same ire w=hole or in part If proper reasoms thereby ars found by the Board. If the Beard enters an order pursuant to snob hearing and the Company or w _ any other person teals aggrieved by &sob order, the utility or seek other person may seek review of the Board's action by pna- eeedings in the Circuit Court aU the County. sm. low IZ Any person using in normal average consumption more than 100,000 gallons of water per day shall act be required to deal with the Company but any such water user shall be at liberty to secure its rater frau such seams or sources as it sight desire. This franchise shall exempt and except therefrom any public agency producing water for resale at wholesale. Nothing in this fran- chise shall prevent landowners from exercising their vested rights to pomp rates for their.own ase, nor aball the riparian and other water rights of landowners be in any.way impaired, reduced ow.. _ • . atftated by_tirtae cf-_tbis franchise.-This•franchise shall not limit or restrict any person new or hereafter owning or cocapy- 1 ing ay premises now serviced with water from continuing to receiw one services and purchase water from any person= provided, however if such owner or occupant requests services and purchases water from the Company, thou the provisions of this franchise shall N •', apply to snob owner or occupant or the land involved and the • lJ =r� 0 above rights with respect to Bush owner or occupant shall cease and torninate. This franchise shall not attest, limit or • �' � yy ....aa.....a.. BK:35' A�• i IS .• "a4 - , i .: v.. 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AMINAL RECORD , :xi544 roe triot the rights or privileges as set forth and contained in any license issued to any utility heretotere granted by the Board pursuant to section US.!{?., of the Florida Statutes. - i:O TICB Mar :: •�. The franchise and rights herein granted shall take' *treat and be in force from and after the time of the adoption - of this resolution by the Hoard and shall continue in fore• and r' effect for a term of ferty years after such adoption= provided, hon ever, that within sixty days from the time of the•-adeptian . • - '.•.' ::. --- of this resolation, the Compaq shall file with the Board its written acceptance of this franchise and all of Its terms and _ .:. conditions -and provided further that If such acceptance is not tiled within the time specified, then the prowlsions of this franchise @hail be null and void. BBCPTow 3= ° 2t W* word, section, alaus* or part of this resolution• is hold invalid, such portion shall be•deemod a separate and. independent part and the saw shall, not invalidate the remainder. - :• _ . - IN WITNEW 9SB OI01CF, the Beard of County Commissioners ' of Indian River County, Florlda, has caused this franchise to be • executed in the name of the County of Indian River by the Chair- man of the Board of County Comtisslonerep and its seal to be r' affized and attested by Its Clerk, all pursuant to the resolution i of the Board of County Commissioners adopted on the day : or , A.D., 193ft COCIT! OF INDUS RIYFLCRias Signed, sealed and delivered In the presence ort '�• .. 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'si r A + .. t-' ':>'i�_ ,`':�`f'�$:.vGo- t 3t•-.:"ir%ie• sr.,;a et�.,.,.pq'„-yam• �+t. �9.�,i:', -'Y :;1♦ crsFJ�-v.t a+{moi^-3 C)MCIAt RECORD ,► • y�w545 ACCl3Fi'ARCE OF lRABCHIsB �• —_ MORA p+nylq, »CORpORi?SA, a Merida eerporatien,' does hereby accept the fersgoins franehlse, and for itself and ' P ; • ''' lti successors and a0sJLmw, does hereby soreatat and agree to : • H ecsply with and abide by all of *the tessu, eenditioas sad previa • slops therein set forth end acutalaode + DAM at Yore Boach, 3UHAII 21to1* aeuftor` Vlorlda, this _ . ' • ' . •. • � a.� of . s.D.r 19�. .� for ' • ' � � • � � iii "•`' • - • • tirru•�, lacae�allAs�D ' - 6"Verate seal) a „ _ Atteett - fb • • `.• s Bare cry Signed, sealed and delivered ' • in the presence oft !!TATS Or FLORIDA OUST! O! ]][DUN RIYSR - Z, an officer authorised to talcs a6knowled9ncnts of deeds a: according to the laws of the state Of Florida, doll qualified nd acting, hereby certify that math— Tanon and .'. arbara Tanen. respectively as Fresidrat and secretary of acts tilities, Incorporated, a Florida corporation, to as personally • own, this day acknowledged before „c that they caseated the - femoing Accsptaaoe of Franchise, as sash effierre of said osrpera on, and that they affized thereto the official 0001 of said • orporatioa for and ae the official tat of said oerporatioa, • CRSS 11!!]0;80!, I have hereunto set ap !land and of 6161 i ual at vetoash, Indlan Fiver County, llerlda, thio _�A<t!_ f ty e!• ,,� ,- i G . t • ' 1 166rBe. 1ty acsasaission %Sspires: r t •T � JUL �:♦.91 978arc• 3s � �- I � ti+sd a3 ♦ F'.t �:AA 94A` ak 8=9.J? q�4y s w "� ♦ 1hit' a�+y't . iL{x Rsy-y p-tya�g ►u••� T H l i `" • �a .�•a A:.�.-,F ±•if o .lid N-'.!a}•�F.': tt oil r r- q1 '<`i'`!4.-r'^h�"*'o•.CsdY��SC°' A'%A�,�rj. 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M '•' .V hPa J ^ ,1 4� y . .(<.i- L C +S,S -i•..: ,. _y ., A. �� MM ,►s 9.4• e < t .. .' : w-_. x .r. .. .�. t r,.i"- .. '-<. .- ._ ..x+'�u$,� <.5..... •i. ... . ''< aspT#< a• ei... � vw'r`+"f m4- ;r�',•.�,"e3.'.i$t•'+a•a _. ir. . �.."r••+4' +Y 1:'��rtr�Ga1-n a�.y..cwr _ %.`,�t ad'_,.''ia�'a'�!�'y�'►j�'.w. ;Co ce..',S."S*"e� ,�' Wyk gf •61 pry _ _ i• ga T •• OFFICIAL RECORD 92S�G STATE F PlARIDA coR1vaR on �J/_ 1 ! fi ft the of Lp_f�I�.A 1�� 1 19�ief wore me. ` it ectad imbue In and tar the State of Ploridar perioaaPT > appeared ,�:�'�.:.: j �:i �%��i..'.•c.�. and x to as bWft:BVA lmera to is to f r; M the chairman and clerk, respectively, of the Beard of county cosigsioners of lndiam Bieer county, Merida, andd, they did. a' aekuasledge to and before me that the? executed the raregeiug fraachin in the name of said Beard of county caumtssi4aess, and affixed thereto the offieiat seal of said couhty, as the 9XV ' and 4406 of said county W virtue of the authority !a than vested y. by the action of the members or the said Board at county com- .. - .. aisgionars. II VMM QBEnw, 2 hate hereunto "t my hand and ' attl=d ay ofrieis% goal aw iq and year last above vritteno .. A. h . . YGO.L3.0 • or ``- ', .fit gip• Ky eaaiaap/i�e�—a�+�B—apipprear�•�'�' in • • ' - � � �� Y f'7 fir, a� � - ♦ (lir j. R1 e f Ll'wi' Y ' _ _' - n.-9 ___ma+?l�%9N7yi!!e'!" �- rt�a"'•!AP.- '�u`'�x•ts1H...1'4°� n•4wMfJ�-Le•D:.RdrY'p y ' STATE OF FLORIDA IN$IAN RIVER CCL 4TY 'l THIS IS TO CERTiF THAT THIS lS RE-SOLUTIO14 NO. 76- 34 �. A TRUE AND CCR ECT COPY OF , THE ORIGINAL Oil', FILE IN THIS AMENDING RESOLUTION IN COUNTY COMZIISSIOfJER' S ° GFFICE. FREDA AGHT, ,LER!c° MINUTE BOOK 6, PACE 106 t By D.C. / - 7 the Board of County-Conlmi'ssioners of Indian ,WHEREAS, i. River County, Florida, has on February 3, 1960, adopted a Resolution in County Commissioner's Minute Book 6, Page 106 and recorded in Official Records Book 92, Page 533, Public Records of Indian River County, Florida, known as the "Ixora Utilities Water i and Sewer Franchise", granting a water and sewer franchise to Ixora Utilities, Inc., a Florida Corporation for servicing the following territory: ! Begin at the Northeast corner of Tract 9, Section 14, Township -33 South, Range 39 East, thence run West to j the Northwest corner of Tract 12, Section 15; thence run South to the Southwest corner of Tract 13 of Sec- tion 22; thence run East to the Southeast corner of TSract 16, Section 22; thence run North to the South t boundary of the South Relief Canal; thence meander Easterly along the South boundary of the South Relief Canal to a point idiich intersects with the East boun- dary of Tract 16, Section 14;thence North to the point of beginning; all of the above being located in Town •• l ship 33 South, Range 39 East, according to the last general plat of Indian River Farms Company, as slx-,vn in a plat recorded with the Clerk of the Circuit Court of Indian.River County. WHEREAS, the Board of County Commissioners of Indian River County, Florida, has received a request in writing from _ Ixora Utilities, Inc., for a.water rate increase and a sewer rate increase and WHEREAS, after public notice and public hearing, the Board of County Commissioners finds a water rate increase and ` a sewer rate increase to be feasible and in the public interest and that Section 14 of the "Ixora Utilities Water and.Sewer i Franchise" should be amended accordingly, and'. THEREFORE, be it resolved by the Board of County Commissioners of Indian River County, Florida that: , • 1. Section 14 of. Ixora Utilities, Inc., is hereby i amended as follows: MONTHLY WATER RATES � F _ First 4,500 gallons $6.00 minimum per moat RIcNARo r. soo6SIAN Each, additional 1,000 gallons 1:.08 'per month • ATTOONIT AT LAW • . ° VI• TW[NTTJMtT tTAtCT veaa BEACH. noaiDA 9r°,eON.►.wo F._ i._..+'.d 3. -ail.`..: 4��J^,i•?N1fa'•!�•: rl in '-Y �•i.i.,.:rQ: 1..... W��e. O. SEWER RATES $ 7.00 per month Said changes to become effective on April 1, 1976. IN WITNESS WHEREOF, the -Board of County Commissioners of Indian River County, Florida, has caused this Resolution to be executed in the name of the County of Indian River by the Chairman of the Board of County Commissioners, and its seal to be affixed and attested by its Clerk, and adopted on the 24th day of Mar6h, 1976. COUNTY OF INDIAN RIVER, FLORIDA Signed, sealed and BY: delivered in the presence of: As iai man of the Boa rA tit/ County Commissioners ew __z ATTEST: i As tboth partigt ph Harris., Clerk SEWER RATES $ 7.00 per month Said changes to become effective on April 1, 1976. IN WITNESS WHEREOF, the -Board of County Commissioners of Indian River County, Florida, has caused this Resolution to be executed in the name of the County of Indian River by the Chairman of the Board of County Commissioners, and its seal to be affixed and attested by its Clerk, and adopted on the 24th day of Mar6h, 1976. COUNTY OF INDIAN RIVER, FLORIDA Signed, sealed and BY: delivered in the presence of: As iai man of the Boa rA tit/ County Commissioners ew __z ATTEST: i As tboth partigt ph Harris., Clerk RD P. 6000S1AN }, I -MICA"ev AT -LAW i R11=N)t.►11NY A9A.lt • • • . RO stActl• ►tomDA ...... .t_' .> _.': • .... _ _. _ 1�V60 _ -t � •. . _ ...r ass.:' _ _ .. .. ,_ • 8sr►+�+++srr"ftmwi1 r!�Is.a�i7 i�t��e•'.a• r!�«i �. _:i��^` "�� JUL 9' 7� y ��OK Fr,,;,:4 u ATTORNEY BOGOSIAN REQUESTED THAT ALL THE DOCUMENTS HE PREVIOUSLY FILED WITH THE BOARD BE MADE A PART OF THE RECORD, AS FOLLOWS: PETITIONERS EXHIBIT #1: APPLICATION OF IXORA UTILITIES FOR RATE INCREASE AND UNAUDITED FINANCIAL STATEMENTS. i' PETITIONERS EXHIBIT #2: DER WATER REPORT. 0 J U L 19 1978 119 35 421 ■ I 1 0 RICHARD P. 00130SIAN ATTORNEY AT LAW U14 T"ENTY FIRST STREET VERO BEACH, FLORIDA 329641 reasonable return on its investment. 3. That the Applicant be allowed to increase its revenues so as to allow it to earna fairandreasonable return on its investmen 4. That the Board take such action as may be appropriate and necessary in this proceeding.. Dated this 22nd -day of May, 1978. :Respectfully submitted, Richard P. Bogoslan Attorney for Applicant 1418 21st Street Vero Beach, Florida 32960 NG K 13 FAu;*. III JUL 19 1978 BEFORE THE BOARD OF COUNTY COI*.T.ISSIONERS OF INDIAN RIVER COUNTY, FLORIDA In Re: Application of Ixora Utilities, Inc. for authority to increase its rates for water and sewer service. APPLICATION Ixora Utilities, Inc., files this application for authority to.increase. its water rates and sewer rates, and states: l.. Ixora Utilities, Inc., operates as a water and sewer utility in Indian River County, Florida, pursuant to franchise issued by this Board. 7 .2. The rates being charged byApplicant are not now producing any return and therefore are confiscatory. 3. A fair rate of return on Applicant's water and sewer plant and system raLte base of $144,618.00 is 10%. The proposed rates set out in paragraph #4 will produce a 10% rate of return. 4. The Applicant's present rates and those proposed in'this.., proceeding sothat a fair and reasonable rate of return will be realized by the Applicant are as follows: PRESENT PROPOSED Water Rate Tariff Rates RATES Minimum Charge - From 0 to 4,500 Gallon Consumption $6.00 $10.50 Each Additional 1,000 f Gallons $1.00 1.50 Sewer Rate Tariff Flat Rate Charge -Per month $7.00 .$12.50 WHEREFORE, Applicant requests as follows: l.—That, the Board of County Commissioners of Indian Rivdr, County, Florida take jurisdiction of this application. 2. That the Board take the 'necessary action to'approve the rates proposed above so.that Applicant will realize a fair and RICHARD P. 00130SIAN ATTORNEY AT LAW U14 T"ENTY FIRST STREET VERO BEACH, FLORIDA 329641 reasonable return on its investment. 3. That the Applicant be allowed to increase its revenues so as to allow it to earna fairandreasonable return on its investmen 4. That the Board take such action as may be appropriate and necessary in this proceeding.. Dated this 22nd -day of May, 1978. :Respectfully submitted, Richard P. Bogoslan Attorney for Applicant 1418 21st Street Vero Beach, Florida 32960 NG K 13 FAu;*. III JUL 19 1978 BE -FORE THE BOARD OF COTY c0*jISSIONERS OF INDIAN.RIVER COUUNNTY, FLORIDA Application of-Ixora Utilities, Inc. for authority to increase its rates for water and sewer service. Notice of Hearing Published App -proved for pu. 1IN-Irk-.9 Boord of Cuoufn'LY r Ca Florida dian Rivi. n Y, NOTICE OF HEARING County' you are hereby notified that the Board of Commissioners of Indian River County will hold a public hearing on Vednesday, July 19, 1978 at 4:00 P.M in the County Courthouse, Vero Beach, Florida on the application of Ixora utilities, Inc. for the following rate increases: Preset trqko —sed Water $6.00 $10.50 From 0 to 4,500.gallons $1.00 $ 1.50 Each additional 1,000 gallons S ewermonth $7.00 $12.50 Flat rate charge per Dated this 5th day of July, 1978 Inc. j by ixora utilities, JUL 19 1978 30" v. The Bojard of County Commissioners of Indian River County J� will hold a hearing on Wednesday, j uly 19, 1978 at 4:00 P.M. in its hearing room in the In than River County Courthouse, Vero xora Beach, Florida on the application of IY. utilities, Inc. for authority to make effective the following water and sanitary sewer rates: Proposed Ir Water Rate Tariff Rates Minimum Charge From 0 to 10.50 4 4,500 Gallon Consumption Each Additional 1,000 $1.50 Gallons Sewer Rate Tariff Flat Rate Charge Per Month �$12.50 Dated this 7th day of June, 1978. Published App -proved for pu. 1IN-Irk-.9 Boord of Cuoufn'LY r Ca Florida dian Rivi. n Y, NOTICE OF HEARING County' you are hereby notified that the Board of Commissioners of Indian River County will hold a public hearing on Vednesday, July 19, 1978 at 4:00 P.M in the County Courthouse, Vero Beach, Florida on the application of Ixora utilities, Inc. for the following rate increases: Preset trqko —sed Water $6.00 $10.50 From 0 to 4,500.gallons $1.00 $ 1.50 Each additional 1,000 gallons S ewermonth $7.00 $12.50 Flat rate charge per Dated this 5th day of July, 1978 Inc. j by ixora utilities, JUL 19 1978 30" v. sURs 014 AR 17 .^twa-4 02 JOSEPH L. EDELSTEIN CERTIFIED PUBLIC ACCOUNTANT 44 SCHOOL STREET • gOSTON. MASS. 02108 j t' February 17, 1978 Ixora Utilities, Inc. 325 20th Avenue, Southwest Vero Beach, Florida 32960 ATTENTION: BOARD OF DIRECTORS -Gentlemen: iest We have examined the financial books a and cords and asoaaresultt ,resubmit Inc. and other related data as a My .' herewith the various financial statements and statistical information as detailed in the succeeding index page. These contents constitute a special report prepared at your direction and from management information submitted to us for submission to the Indian River County Commission for use in the rate case now pending. This report must be construed within the common-knowledge background familiar to the Company. Accordingly, the reader is cautioned that many significant facts may not be reflected herein. are not The readresult er is further advised thatTh refozentanysopinions oreconclusions tent of a complete audit examination. based on the financial data contained herein should not be construed as "certified" as that term is commonly used in connection with reports issued by independent Certified Public Accountants. } ery truly you�i J eph L. Edelstein JLE/nrl � 4 Attachments F "JUL 191978 t IXORA UTILITIES► INC. INDIAN RIVER COUNTY RATE CASE TEST YEAR ENDED MAY 31, 1977 VSA riT -JUL 9 1978 IXORA UTILITIES, INC. I N D E X 19 7978 EXHIBIT A Comparative Rate Tariff EXHIBIT B Comparative Balance Sheets for Fiscal Years Ended �- May 31, 1976 and May 31, 1977 EXHIBIT C Comparative Statements of Income for the Fiscal t Years Ended May 31, 1976 and May 31, 1977 SCHEDULE C-1 Comparative Summary of Supply, Power and Purification Costs - r SCHEDULE C-2 Comparative Summary of Transmission and • Distribution Costs EXHIBIT D Analysis of'Rate Base SCHEDULE D-1 Depreciable Property Schedule EXHIBIT E Pro -Forma Statement of Income ' EXHIBIT F • Explanation of Pro -Forma Adjustments EXHIBIT G Analysis of Rate of Return ` EXHIBIT H Computation of Additional Revenue Required EXHIBIT I Cost of Capital EXHIBIT J Schedule of Additions to Utility Plant in Service and Reserve for Depreciation on Invested Property From June 1, 1958 to May 31, 1977 plus Pro -Forma Addition EXHIBIT K-1 and R-2 Schedule of Water and Sewer 'Revenue EXHIBIT L-1 and L-2 Schedule of Monthly Water Use 19 7978 JUL 191978 r EXHIBIT A IXORA UTILITIES, INC. COMPARATIVE RATE TARIFF Present Proposed • Rates Rates Water Rate Tariff x:' Minimum Charge - From 0 to 4,500 Gallon .• Consumption $6.00 $10.50 Each Additional 1,000 Gallons $1.00 „$ 1.50 k: Sewer Rate Tariff Flat Rate Charge Per Month .$7.00 $12.50 -UNAUDITED- JUL 191978 M IXORA UTILITIES, INC. COMPARATIVE BALANCE SHEETS FOR THE PERIODS INDICATED For The Fiscal Years Ended May 31, 1976 1977 ASSETS Utility Plant in Service Water and Sewer Plant $126,536.38 72,571:61 $126,536.38 77,917.96 Less: Accumulated Depreciation Net Utility Plant in Service $ 53,964.77 $ 48,618.42 Current Assets ' $ 14,245.96 $ 14,575.50 Cash Notes and. Accounts Receivable 7,853.65 2,428.00 Total Current Assets $ 22,099.61. $ 17,003.50 w other Assets Notes Receivable - Non -Current $ 43,228.38 $ 30,451.89 $119,292.76 $ 96,073.81 TOTAL ASSETS LIABILITIES AND STOCKHOLDERS' EQUITY Stockholders' Equity $ 10,000.00 $ 10,000.00 Common Stock 60,534.25 60,704.42 Retained Earnings Total Stockholders' Equity $ 70,534.25 $ 70,704.42 Current Liabilities $ 4,666.67 $ 5,566.67 Accounts Payable 30,000.00 0 Notes Payable - Current 866.84 61237.72 Accrued Liabilities Total Current Liabilities $ 35,533.51 $ 11,804.39 Fixed Liabilities . $ 8,960.00 $ 8,960.00 Notes Payable 4,265..00 4,605.00 Meter Deposits Payable Total Fixed Liabilities $ 13,225.00 $ 13,565.00 TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY $119,292.76 $ 96,073.81 -UNAUDITED- -J 191978 _ ��; 35 PA:,7 Operating Revenue Water Sewer Other (Meter Connections) Total Operating Revenue .Operating Expenses Supply, Power and Purification - Schedule C-1 Transmission and Distribution -Schedule C-2 Customer Accounting and Collections General and Administrative Expenses Depreciation Expense Taxes (Other Than Local) ..Utility Rate Case Expense Total Operating Expenses 22erating Income (Loss) Other Income 'f Net Income (Loss) J U L 191978 For The Fiscal Years Ended May 31, 1976 1977 $ 17,783.70 $30,906.09 12,032.75 20,953,28 191.21 523.83 $ 30,007.66 $52,383.20 $ 26,657.52 $20,215.00 24,823.90 18,121.87 4,700.91 3,531.65 9,004.19 6,311.40 6 5,346.35 5,346.35 1,280.16 1,549.02 3,766.67 0 $ 75,579.70 $55,075.29 $(45,572.04) $(2,692.09) 4,738.27 2,862.26 $ (401833.77) $ 1�70�17 -UNAUDITED- s {;.;- 429 SCHEDULE C-1 IXORA UTILITIES, INC.` c COMPARATIVE SUMMARY OF SUPPLY, POWER AND PURIFICATION COSTS FOR THE PERIODS INDICATED �. - - . - •' t For The Fiscal ' Years Ended May 31, 1976 1977 Salary and Wages $14,559.23 $10,288.65 Repairs and Maintenance 6,853.07 4,115.91 Supplies1,771.56 2,605.7 Utilities 2,000.00 1f996.5E. Taxes and Licenses 1,087.16 662.7- Miscellaneous Expenses 386.50 545.3( Totals $26,657.52 $20,215.0( w . —UNAUDITED— SCHEDULE C-: IXORA UTILITIES, INC. COMPARATIVE SUMMARY OF TRANSMISSION AND DISTRIBUTION COSTS ' FOR THE PERIODS INDICATED For The Fiscal Years Ended May 31, 1976 1977 a= Salaries and Wages $12,412.31 $10,288.6 Repairs and Maintenance 81737.93 4,038.2 - ,038.2.Supplies. Supplies 600.00 868.5 ,.. Utilities 1,500.00 1,478.91_ Taxes'and Licenses 1,087.16 662.7- " Miscellaneous Expenses 486.50 784.7( Totals$24,823.90 $18,121.8" -UNAUDITED- -UNAUDITED- C 412 J U L 191978 0 . r EXHIBIT z z 4 t IXORA UTILITIES, INC. R' ANALYSIS OF RATE BASE • 5-31-76 5-31-77 Pro -Forma Utility Plant In Service $126,536.38 $126,536.38 $126,536.3 ` Add: Pro -Forma Additions - 0 0 100,000.0 ``' Schedule D-1 + k _ Sub -Totals $126,536.38 $126,536.38 $226,536.3 Less% Accumulated Depreciation 72,571.61 770,917.96 81_,917.° Utility Plant In Service As Reduced $ 53,964.77 $ 48,618.42 $144-618 4 -UNAUDITED- C 412 J U L 191978 co Assets Water, Sewer, Plant Pro -Forma New W/S Plant TOTAL ASSETS .- 1 SCHEDULE D-1 IXORA UTILITIES, INC. ;SCHEDULE OF DEPRECIABLE PROPERTY Current Year & Date Pro, Forma Dep'n. Res. Total Acquired Cost Dep'n. 5/31/76 Res. -5/3f/77. Book. May/1959/1977 $126,536.38 $5,346.35 $72,571.61 $77,917.96 $ 48,618.42 100,000.00 4,000.00 0 __'000.00 96,000.00 $226,536.38 $9,346.35 $72,571.61 $81,917.96 $144,618.42 .- 1 I IXORA UTILITIES, INC. PRO -FORMA STATEMENT OF INCOME Operating Revenues Water Sewer Other Revenues" Total Operating Revenues Operating Expenses Supply, Power and Purification Transmission and Distribution Customer Accounting and Collections General and Administrative Expenses Depreciation Expense Taxes (Other Than Income Taxes) Taxes on Income .:-Additional Costs to Operate New Facility Total Operating Expenses Operating"Income (Loss) Other Income Miscellaneous Non -Operating Income (Interest) Net Income "JUL 'a 91978 Statement Of Income For The Fiscal Pro -Forma Year Ended Pro -Forma Statement May 31, 1977 Adjustments Of Income $30,906.09 20,953.28 523.83 t $52,383.20 $56,308.19 (A) $108,691.39 r ; $20,215.00 18,121.87 3,531.65 6,311.40 5,346.35 1,549.02 0 0 $55,075.29 $(2,692.09) 2,862.26 $ 11770.17 NOTES (A) Exhibit H (B) Exhibit F (C) Exhibit H-1 -UNAUDITED- $ 20,215. 00 18,121.87 3,531.65 6,311.40 $ 4,000.00 (B) 9,346.35 1,549.02 $ 4,254.26 (B) 4,254.26 a - E $30,900.00 (C) 30,900.00 $ 94,229.55 $ 14,461.84 r . E 2,862.26 $ 17,324.10 r 6 • Y LIU 434 435- JULY 91978 . - IXORA UTILITIES, INC. c EXPLANATION OF PRO -FORMA ADJUSTMENTS (A) See Computation of Additional Revenue Required - Exhibit H 44$49,44493 . (B) Pro -Forma additional Depreciation on plant addition required by Statutory/Regulatory Authorities $ 4.000'0 (C) Pro -Forma Income Taxes Computed as Follows: - Net Income $17,324.10 Add: Income Taxes (Federal) 3,464.82 _ Total Income $20,788.92 Less: State Tax Exemption 5,000.00 State Taxable Income @ 5% $15,788.92 $ 789.44 . Amount Subject to Federal Tax 3,464.82. Total Income Taxes (Federal and State) $ 4.2 6 F s -UNAUDITED- , 435- JULY 91978 ,.pops -436 "JUL 1.9 e'0178 IXORA UTILITIES, INC. COMPUTATION OF ADDITIONAL REVENUE REQUIRED 1. Net Operating Income (Loss) - Exhibit C 2. Additional Costs and Operating Expenses to Maintain New 100,000 per gallon/day plant - See Schedule H-1 3. Taxes on Income -Exhibit F 4. Additional Depreciation on New Plant Facility Sub -Total Loss to Recapture 5. Return on Rate Base of 10.0% - Exhibit G 6. Total Additional Revenue Required_ M JUL I 1 -UNAUDITED- 437 SCHEDULE H-1 IXORA UTILITIES, INC. SCHEDULE OF ESTIMATED ADDITIONAL COSTS AND OPERATING EXPENSE TO MAINTAIN NEW 100,000 GAL. PER DAY SEWAGE TREATMENT PLANT Wages and Labor $12,000.00 Interest Expense 9,750.00 Electric Pouter 2,400 00 Maintenance 1,800.00 Supplies 1,800.00 Payroll Taxes 1,350.00 Insurance 1,200.00 Taxes, Licenses, etc. 600.00 Total $30,900-00 • . r 35 r., �a r„ Af)8 If" '4.9 11978 w a JUL 1� 1978 EXHIBIT I } • IXORA UTILITIES, INC. i COST OF CAPITAL 1i Cost Of Ratio Balance Ratio $ Each Times Cost Stockholders' Equity Common Stock $ 100000.00 Paid-In-Capital 0 Retained Earnings 96,073.81 Total Stockholders' Equity $106,073.81 Less: Pro-Forma Equity 53,036.90 Adjustment $ 53,036.91 50% 15% 7.50% Pro-Forma Equity 53,036.90 50$ 10� 5— '00 Pro-Forma Debt $106,073.81 12.SO+k Total Add: 10% Risk Factor 1.25 13.75% Normal Rate of Return (Equity Plus Debt) Expressed in $106,073.81 @ 13.75% =.$14,585.15 _ Rate of Return Requested on the De re61ated 10.0% Net Utility Plant in Service --- Expressed in $144,618.42 @ 10.0% _ $14,461.84 -UNAUDITED - a JUL 1� 1978 c a IXORA UTILITIES, INC. SCHEDULE OF ADDITIONS TO UTILITY PLANT IN SERVICE AND RESERVE FOR DEPRECIATION ON INVESTED PROPERTY Utilitv Plant in Service May 31, 1959 May 31, 1960 May 31, 1961 May 31, 1962 May 31, 1963 May 31, 1964 May 31, 1965 May 31, 1966 May 31, 1967 May 31, 1968 May 31, 1969 May 31, 1970 May 31, 1971 May 31, 1972 May 31, 1973 May 31, 1974 May 31, 1975 May 31, 1976 May 31, 1977 Pro -Forma Addition Total Utility Plant in Service Reserve for Depreciation Balance - December 31, 1964 Additions For Year Ended: May 31, 1965 May 31, 1966 May 31, 1967 May 31, 1968 May 31, 1969 May 31, 1970 May 31, 1971 May 31, 1972 May 31, 1973 May 31, 1974 May 31, 1975 May 31, 1976 May 31, 1977 Total Reserve for Depreciation J U L I-, -UNAUDITED- .: EXHIBIT J Totals $ 25,298.83 40,223.29 12,463.34 9,280.48 350.44 1,500.00 0 0 0 0 0 0 0 0 19,500.00 17,920.00 0 0 100,000.00 $226,536.38 $,21,118.25 5,891.45 5,864.33 5,864.33 5,534.92 5,534.92 5,302.18 3,599.32 2,184.93 1,867.14 1,867.14 2,596.35 5,346.35 5,346.35 $ 77,9.17-96 . 444 Month June July August Septemb October N.ovembe Decembe January Februar March April -May • ' G I EXHIBIT_ 1C 1 IXORA UTILITIES, INC• SCHEDULE OF WATER AND SEWER REVENUE AND CONNECTIONS SERVICED j FISCAL YEAR ENDING MAY 31, 1976 - Not of Water Sewer Connections --- $ 1,571.45. $ 907.40 , 260 1,220.55 919.66 264 1,206.80 911.76 261 1,439.26 903.04 260 1,404.28 903.88 259 1,228.14 912.64 261 1,176.26 909.16 r 261 910.04 r1,198.33 261 1,291.26 924.04 i 265 1,443.46 927.50 Y 265 1,337.29 925.76 • 265 3.095.99 1,858.52 266 $17,613.07 $11,913.40 17,613.07 Sub -Totals 191.21 '• Miscellaneous Income (Meter Connections) $29,717.68 Totals -UNAUDITED-" . C_ C No. of 'Month Connections Water Sewer June 267 $ 2,556.53 $ 1,849.80 . - July 266 2,323.99 1,841.16 August 259 2,618.91 1,798.52 September 262 2,731.40 1,816.56 October 263 2,345.90 1,812.48 November 266 2,409.82 1,851.54 December 264 2,161.36 1,837.52 January 264 2,340.39 1,842:76 February 261 2,241.44 1,819.82 March 264 2,232.42 1,837.56 April 264 2,493.34 1,841.04 May 264 3,077.47 1,841.04 Sub -Totals* . $29,532.97 $21,989.80 - 29,532.97 F-, - Miscellaneous Income (Meter Connections). 523.83 Totals $52,046.60 4 . -UNAUDI�� JV L 191978 35p J= 443 EXHIBIT L-1 IXORA UTILITIES, INC. i SUMMARY OF MONTHLY LATER USE FOR THE FISCAL YEAR ENDED MAY 31, 1976 r' No. of Gallons Month Month 2,495,000 June 2,612,000• July 3,052,000 August 2,666,000 September 2,469,000 October k 2,336,000 November . 2,440,000 December 2,588,000 , January 2,725.000 February. e 2,996,000 March 2,928,000 April 2,395,000 May -UNAUDITED - JV L 191978 35p J= 443 4 EXHIBIT L-: ,4 I S. t IXORA UTILITIES, INC. p. c SUMMARY OF MONTHLY WATER USE - FOR THE FISCAL YEAR ENDED MAY 31, 1977 Month No. of Gallons June 2,220,000 July 2,713,000. August 2,519,000 September 2,174,000 October 2,238,000 November 2,127,000 December 2,126,000 January o ,2,138,000 February ' 2,050,000 March 2,660,000 April 3,071,000 May 3,022,000 e -UNAUDITED- JUL 191978 .: I ,- +• r•cw--�..�_.,.__.-,—._...,�.: y .. .� x-- ---"---1 — �. - .z-2-•r-.�. w ... .:. BUREAU uf,LA00MA4UNIna ..rE ,*,y, / •. Deparf-tment of and Rehabilitative Services INTERPRETATIONS -RECOMMENDATIONS MPH, CHIEF ttete of Flodda LATE CqLl.ECTED . COCNTY COLLECTOR ° h APAL. COUNTY DATE RECD REMARKS DATE TESTED - t • • ,at D UNSATISFACTORY • VTI(..1 T1 E OF 4o"-'_ S/D TRLR. PK. INST, SCHOOL 80TTLED MOT t," REST DAIRY POOL HOME OTHER .. J'61TY-TOWN ' Illy: L 528 (REV. 75) NAME 1S •.LA$ i96 '- - SAMPLING POINT _ +; 9k PPEAR• ANCE Cl RES 'D SUPPLY +LB; ' 48 BG 48 MPH" 100 MLS MF 100 MLS' NON.- COLIFORM ,. NO TAME OF S/D OR LOCALITY BEING SAMPLED f NAME OR LOCATION OF WATER PLANT • • l q b s, 1�0 �• I'T �.� ROUT N RE -CHECK MAIN -CLEARANCE WELL SURKEY. ,OTHER ;y7.. ,*,y, / •. AFTER SIX MONTHS INTERPRETATIONS -RECOMMENDATIONS _ e, qAlMPLE JAX MIAMI TAMPA TALLA. �B. PENSA. ORL. IAh.LOA APAL. COUNTY , NAME AND MAILING ADDRESS OF 0EgSON/FIRM TO RECEIVE REPORT r- YYY REMARKS TISFACTORY - t • • ,at D UNSATISFACTORY • VTI(..1 J��7t1 4o"-'_ t. ' E -SUBMIT y #. a ' Illy: L 528 (REV. 75) NAME 1S •.LA$ i96 '- - SAMPLING POINT _ +; 9k PPEAR• ANCE Cl RES 'D PH +LB; ' 48 BG 48 MPH" 100 MLS MF 100 MLS' NON.- COLIFORM ,. NO q s, gZA 27 1t REPORTS MAY BE DISCARDED WATER BACTERIOLOGY _ AFTER SIX MONTHS INTERPRETATIONS -RECOMMENDATIONS _ e, .;..ATIME SAMPLE TAKEN: ' ��• I TISFACTORY - t • • ,at D UNSATISFACTORY t. ' E -SUBMIT y #. a ' Illy: L 528 (REV. 75) NAME 1S - Y ATTORNEY KRAMER FELT IT SHOULD BE NOTED FOR THE RECORD THAT THE MAN WHO MADE THE WATER REPORT SHOULD BE HERETO TESTIFY THAT HE MADE IT. ATTORNEY BOGOSIAN STATED THAT HE DOES NOT CONSIDER THIS IS A REGULARiCOURT HEARING, AND IF THIS IS TO BE SO, HE FELT THAT ISR. THOMPSON'S TESTIMONY.- COULD NOT BE TAKEN BECAUSE HE IS NOT AN EXPERT. ATTORNEY COLLINS FELT THAT THE BOARD MUST ACCEPT EVERYTHING SUBMITTED AND LET IT STAND OR FALL ON ITS OWN MERITS. CHAIRMAN WODTKE STATED THAT HE WOULD LIKE THE RECORD TO SHOW THE NUMBER OF SUBSCRIBERS PRESENT WHO ARE IN CONCURRENCE.WITH d THE TESTIMONY"GIVEN BY THOSE OPPOSING THE INCREASE. APPROXIMATELY 65 PEOPLE RAISED THEIR HANDS. ATTORNEY KRAMER POINTED OUT THAT THERE ARE 271 SUBSCRIBERS, AND THEY ARE REPRESENTED BY THOSE WHO SPOKE EVEN THOUGH NOT ALL OF THEM ARE PRESENT TODAY. ATTORNEY BOGOSIAN PROPOSED TO SUBMIT TESTIMONY REFUTING h SOME OF ATTORNEY KRAMER's WITNESSES, AND ATTORNEY KRAMER STATED THAT HE WISHED TO RESERVE THE RIGHT TO REFUTE WHATEVER ATTORNEY BOGOSIAN MIGHT ADD. COMMISSIONER SIEBERT STATED THAT HE WOULD LIKE THE BOARD TO ASK THEIR QUESTIONS FIRST AND THEN HEAR ANY REBUTTALS, CHAIRMAN WODTKE QUESTIONED ATTORNEY.BOGOSIAN REGARDING HIS STATEMENT THAT THE AVERAGE MONTHLY RATE WOULD BE $24.00 TO $25.00 IF THE INCREASEDRATES WERE APPROVED, AND ATTORNEY BOGOSIAN STATED THAT THIS FIGURE WAS JUST A -GUESS BASED ON WHAT HE READ IN THE NEWSPAPER, CHAIRMAN WODTKE WENT ON TO DISCUSS THE FIGURES THAT WERE CHANGED IN THE UNAUDITED FINANCIAL STATEMENT PRESENTED TO.THE BOARD AND ASKED IF ANYTHING ELSE IN THIS STATEMENT IS INCORRECT. ATTORNEY BOGOSIAN STATED THAT BASICALLY SCHEDULE E IS THE INCORRECT PART. THE ACCOUNTANT PREPARED THE REPORT BASED ON 9 144 .JUL 19 1978 446 A 10% RATE OF RETURN AND USED THOSE RATES TO CALCULATE, WHICH SHOWED A NET INCOME OF $17,000. THE ACTUAL RATES REQUESTED ARE LESS AND WOULD SHOW A LOSS OF $1,381. i CHAIRMAN WODTKE ASKED IF THE RETURN ON RATE BASE 10% IN EXHIBIT H IS;BASED ON THE CHANGED RATES, AND ATTORNEY BOGOSIAN STATED THAT FIGURE IS NOT ACCURATE EITHER ON THE NEW BASIS, JOSEPH EDELSTEIN, AUDITOR FOR IXORA UTILITIES, INFORMED THE BOARD THAT WHEN HIS FIRM WAS ORIGINALLY CONSULTED TO PREPARE' THE REPORT, THEY WERE ADVISED AS TO WHAT THE"ADDITIONAL COSTS TO OPERATE THE COMPANY WOULD BE, EMBRACING THE FACT THAT $100,000 WOULD HAVE TO BE INVESTED. ON THAT BASIS, AND EXPECTING THAT THE e INVESTMENT WOULD BE MADE IN THE NEXT FISCAL PERIOD, HE PREPARED SCHEDULE E, WHICH PROJECTS A RETURN OF 10% ON THE COMPANY'S INVESTED ASSETS, AS A CONSEQUENCE OF THE DETERMINATION TO REQUEST LOWER RATES, EXHIBIT E WAS REDUCED TO THE FIGURES PRESENTED BY ATTORNEY BOGOSIAN, LIMITING THE CHARGE TO $10.50 FOR THE FIRST 4,500 GALLONS. MR. EDELSTEIN REVIEWED THE RESULTING CHANGE IN FIGURES AND STATED F THAT IT BROUGHT THE TOTAL REVENUE TO $90,000 INSTEAD OF THE $108,000 PROJECTED IN SCHEDULE E. CHAIRMAN WODTKE ASKED IF THE $31,000 FIGURE IN THE PRO - FORMA STATEMENT OF INCOME FOR ADDITIONAL COSTS TO OPERATE THE NEW FACILITY IS OVER -AND ABOVE WHAT IT IS COSTING TO OPERATE THE PLANT NOW AND WOULD BE FOR THE NEW PLANT WHICH IS REPLACING THE OLD ONE. MR. EDELSTEIN FELT IT WOULD BE OVER AND ABOVE THE PRESENT OPERATING COSTS, BUT NOTED THAT HE BELIEVED THE OLD AND NEW PLANTS WILL BE WORKING IN TANDEM, ALTHOUGH HE DID NOT UNDERSTAND.THE ENGI- NEERING TECHNICALITIES. MR. EDELSTEIN CONTINUED THAT IF YOU GO TO SCHEDULE C AND COMPARE INCOME FOR THE TWO YEARS IN QUESTION, YOU WILL NOTE THERE IS AN OPERATING LOSS OF $45,000, WHICH•HAD TO BE CHARGED AGAINST THE RETAINED EARNINGS. HE STATED REPAIRS WERE DONE IN 1976 AND ARE DETAILED IN SCHEDULES C-1 AND C -Z. MR. EDELSTEIN CONTINUED REVIEWING FIGURES AND•STATED THAT MAINTENANCE DROPPED BECAUSE OF THE REMEDIAL WORK THAT WAS DONE, CHAIRMAN WODTKE ASKED WHAT THE GENERAL AND ADMINISTRATIVE EXPENSE INCLUDED. 145 35 PYgJ' JUL 1 9197 1 i. 0 ILJ c MR. EDELSTEIN STATED THAT IT INCLUDES OPERATION OF THE OFFICES, SENDING OUT OF THE BILLS, EMPLOYMENT OF A CLERK, ETC, COMMISSIONER SIEBERT ASKED WHAT THE STOCKHOLDERS' INVEST— MENT WAS, AND MR. EDELSTEIN STATED THAT $10,000 WAS INVESTED. COMMISSIONER SIEBERT ASKED IF THERE HAS BEEN ANY MORE ISSUANCE OF.STOCK OR INVESTMENT BY THE OWNERS, AND PSR. EDELSTEIN STATED THAT -THERE HAVE BEEN ADVANCES IN THE FORM OF LOANS WHICH ARE BEING REPAID. HE EXPLAINED THAT THE RETAINED EARNINGS PLUS -THE CAPITALIZATION ARE THE EQUITY IN THE COMPANY OVER AND ABOVE ITS LIABILITIES BY.THE FIXED ASSETS AND WORKING CAPITAL ASSETS, AND ACTUALLY THERE IS NO SUCH CASH EMOLUMENT AVAILABLE. COMMISSIONER SIEBERT POINTED OUT THAT THE EQUITY IS NOW SEVEN TIMES THE ORIGINAL INVESTMENT AND QUESTIONED HOW THE FIXED ASSETS OF THE PLANT COULD BE TURNED OVER TO ANOTHER CORPORATION FOR $10,000. MR. EDELSTEIN STATED THAT THE PLANT ITSELF WAS NOT PART OF THE DEVELOPMENT COMPANY. NATHAN TANEN INFORMED THE BOARD THAT THE PLANT WAS ALWAYS PART OF IXORA UTILITIES AND NOBODY WOULD EXPECT TO BUILD A PLANT OF THAT NATURE FOR $10,000. HE STATED THAT THEY INVESTED THEIR a OWN FUNDS, AND HAVE NEVER GOTTEN A RETURN OR TAKEN ANYTHING OUT OF IT. COMMISSIONER SIEBERT FELT THAT THEY'DID RECOUP THEIR INVESTMENT, AND MR. TANEN STATED THAT WAS NOT SO — THAT THEY HAD TO HAVE TO PLANT FOR THE DEVELOPMENT IN ORDER TO SELL THE HOUSES, CHAIRMAN WODTKE INQUIRED AS TO THE AMOUNT OF THE ORIGINAL TAP—IN FEE FOR WATER AND SEWER, AND MR. TANEN STATED THERE WAS NO FEE AT THE BEGINNING. CHAIRMAN WODTKE ASKED IF IT IS NOT NORMAL FOR A'DEVELOPER TO TAKE INTO CONSIDERATION THE PRICE OF THE LAND, THE UTILITIES, THE ROADS, ETC., IN DETERMINING THE COST OF THE HOMES, AND NATHAN TANEN AGREED THAT WOULD BE NORMAL. JUL 191978 146 449 CHAIRMAN WODTKE FELT, THEREFORE, THE DEVELOPER WOULD BE RECEIVING A RETURN ON HIS INVESTMENT BECAUSE THE COSTS WERE INCLUDED IN THE CONSTRUCTION COSTS. COMMISSIONER SIEBERT FELT THE BOTTOM LINE QUESTION IS WHETHER TODAY IS RATE PAYERS ARE BEING ASKED TO CORRECT THE IN— EFFICIENT OPERATION OF THE SYSTEM OVER THE LAST 16-18 YEARS. NATHAN TANEN STATED THAT IS NOT THE CASE. THE PROBLEM IS -NOT WITH THE OPERATION OF THE PLANT AS IT WAS DESIGNED, BUT THAT IT JUST IS NOT DESIGNED TO MEET THE STANDARDS REQUIRED BY THE DER TODAY. CHAIRMAN WODTKE NOTED THAT THE BULK OF TESTIMONY RE= CEIVED TODAY FROM THE USERS HAS DEALT 100% WITH THE QUALITY OF THE WATER, AND ALTHOUGH IXORA UTILITIES IS ASKING FOR A RATE INCREASE IN WATER AND SEWER CHARGES, THEY ARE PROPOSING TO CORRECT ONLY THE SEWER. MR. TANEN STATED THAT THE SEWER PLANT IS THE PROBLEM, AND THEY CANT MAKE WATER IMPROVEMENTS AT THE PRESENT TIME. COMMISSIONER SIEBERT ASKED MR. TANEN IF AFTER THE PRE— VIOUS HEARING HE LEFT REALLY THINKING THAT ALL THEY DID WAS GET •A RATE INCREASE AND THERE WOULD BE NO CAPITAL EXPENDITURES NECESSARY? MR. TANEN FELT HE HAD MADE IT CLEAR AT THE PREVIOUS HEARING THAT WITH THE LOWER RATE GRANTED THERE WOULD BE NOTHING LEFT FOR CAPITAL IMPROVEMENTS, EVEN THOUGH THIS APPARENTLY IS NOT RE— FLECTED-IN THE MINUTES. COMMISSIONER SIEBERT STATED THAT HE WAS LEAD TO BELIEVE THAT, WITH OR WITHOUT A RATE INCREASE, THEY HAD NO CHOICE BUT TO IMPROVE THAT PLANT, MR, TANEN STATED THAT HE WAS SORRY IF HE GAVE THAT IMPRESSION. CHAIRMAN WODTKE ASKED IF THE FIGURES ARE AVAILABLE THROUGH MAY OF 1978, AND MR. EDELSTEIN STATED THEY ARE NOT READY TODAY, BUT SOON WILL BE AVAILABLE. COMMISSIONER.SIEBERT ASKED WHEN MR. EDELSTEIN CALCULATED THE RATE OF INVESTMENT IF HE CALCULATED ALSO ON THE $100,000 AND MR. EDELSTEIN SAID HE DID BECAUSE IT IS A'PRO FORMA FIGURE. 147 JUL 191978 a \ CHAIRMAN WODTKE FELT, THEREFORE, THE DEVELOPER WOULD BE RECEIVING A RETURN ON HIS INVESTMENT BECAUSE THE COSTS WERE INCLUDED IN THE CONSTRUCTION COSTS. COMMISSIONER SIEBERT FELT THE BOTTOM LINE QUESTION IS WHETHER TODAY IS RATE PAYERS ARE BEING ASKED TO CORRECT THE IN— EFFICIENT OPERATION OF THE SYSTEM OVER THE LAST 16-18 YEARS. NATHAN TANEN STATED THAT IS NOT THE CASE. THE PROBLEM IS -NOT WITH THE OPERATION OF THE PLANT AS IT WAS DESIGNED, BUT THAT IT JUST IS NOT DESIGNED TO MEET THE STANDARDS REQUIRED BY THE DER TODAY. CHAIRMAN WODTKE NOTED THAT THE BULK OF TESTIMONY RE= CEIVED TODAY FROM THE USERS HAS DEALT 100% WITH THE QUALITY OF THE WATER, AND ALTHOUGH IXORA UTILITIES IS ASKING FOR A RATE INCREASE IN WATER AND SEWER CHARGES, THEY ARE PROPOSING TO CORRECT ONLY THE SEWER. MR. TANEN STATED THAT THE SEWER PLANT IS THE PROBLEM, AND THEY CANT MAKE WATER IMPROVEMENTS AT THE PRESENT TIME. COMMISSIONER SIEBERT ASKED MR. TANEN IF AFTER THE PRE— VIOUS HEARING HE LEFT REALLY THINKING THAT ALL THEY DID WAS GET •A RATE INCREASE AND THERE WOULD BE NO CAPITAL EXPENDITURES NECESSARY? MR. TANEN FELT HE HAD MADE IT CLEAR AT THE PREVIOUS HEARING THAT WITH THE LOWER RATE GRANTED THERE WOULD BE NOTHING LEFT FOR CAPITAL IMPROVEMENTS, EVEN THOUGH THIS APPARENTLY IS NOT RE— FLECTED-IN THE MINUTES. COMMISSIONER SIEBERT STATED THAT HE WAS LEAD TO BELIEVE THAT, WITH OR WITHOUT A RATE INCREASE, THEY HAD NO CHOICE BUT TO IMPROVE THAT PLANT, MR, TANEN STATED THAT HE WAS SORRY IF HE GAVE THAT IMPRESSION. CHAIRMAN WODTKE ASKED IF THE FIGURES ARE AVAILABLE THROUGH MAY OF 1978, AND MR. EDELSTEIN STATED THEY ARE NOT READY TODAY, BUT SOON WILL BE AVAILABLE. COMMISSIONER.SIEBERT ASKED WHEN MR. EDELSTEIN CALCULATED THE RATE OF INVESTMENT IF HE CALCULATED ALSO ON THE $100,000 AND MR. EDELSTEIN SAID HE DID BECAUSE IT IS A'PRO FORMA FIGURE. 147 JUL 191978 COMMISSIONER SIEBERT POINTED OUT THAT YOU ARE LOOKING FOR A RETURN ON AN INVESTMENT YOU DON'T HAVE. MR. EDELSTEIN NOTED THAT IS THE ONLY WAY THEY WILL BE ABLE TO PAY THE COST OF THE ADDITION. THE ATTORNEYS THEN SUMMARIZED THEIR PRESENTATION. ATTORNEY BOGOSIAN NOTED THAT AT THE LAST HEARING, HE HAD INFORMED THE.. -BOARD THAT THE SYSTEM WAS IN TROUBLE AND THE STATE WAS THINKING OF CLOSING IT, AND THE SITUATION IS STILL THE SAME, HE PREVAILED UPON THE BOARD TO KEEP IN MIND THE'FACT THAT THIS UTILITY WAS CHARGING A VERY MODEST RATE FOR THESE SERVICES FOR 16 YEARS, AND NOTED THAT IT IS HARD FOR HIM TO BELIEVE THAT THE MODEST FEE CHARGED FOR 16 YEARS COULD HAVE ACCUMULATED VERY MUCH PROFIT FOR THE COMPANY, ATTORNEY BOGOSIAN STATED THAT THEIR REPORT SUB- STANTIATES THE FACT THAT WITH THE INCREASE, THERE HAS BEEN A VERY NOMINAL PROFIT OF $107. HE AGREED THAT THE WATER CERTAINLY IS NOT THE BEST WATER, BUT FELT THAT THE EXAMINATION BY THE HEALTH DEPT. INDICATES THAT THE WATER IS AT LEAST REASONABLY SUITABLE. ATTORNEY BOGOSIAN STATED THAT HE DID NOT FEEL THEY HAD A PROBLEM WITH THE WATER, BUT THAT THE PROBLEM WAS WITH THE SEWER PLANT, AND CONCLUDED BY ASKING THAT THE BOARD GRANT THE_ENTIRE INCREASE REQUESTED. ATTORNEY KRAMER ASKED WHETHER IT IS NOT TRUE THAT THE PLANT WAS DESIGNED AND INSTALLED FOR IXORA PARKLAND EAST VIEW GARDENS WAS LATER ADDED. MR$, TANEN STATED THAT WAS NOT TRUE BECAUSE THE PLANT ORIGINALLY WAS DESIGNED FOR 300 UNITS. ATTORNEY KRAMER FELT REPRESENTATIONS OF THIS*SORT SHOULD BE CHECKED BY THE BOARD. -HE THEN ASKED IF THEY HAD MORE THAN TWO EMPLOYEES, AND MR. TANEN STATED THAT THEY HAVE THREE, ATTORNEY KRAMER STATED THAT HE HAS GOTTEN THE IMPRESSION THAT THEY HAVE HAD A CHARITABLE INSTITUTION OUT HERE FOR -THE LAST 18 YEARS SINCE THEY DIDN'T TAKE ANY SALARIES, GET ANY DIVIDENDS OR PROFITS, ETC. ATTORNEY KRAMER POINTED OUT THAT THE RATES WERE DOUBLED, AND ASKED WHERE DID THEY GO? 148 JUL 19 1978 `• 450 r HE REMINDED THE BOARD THAT THE PROMISE WAS MADE WHEN IXORA UTILITIES GOT THE PREVIOUS INCREASE, THAT IT WAS WHAT THEY NEEDED TO REMOVE THE VIOLATION AND MAKE A FAIR RATE OF RETURN. HE STATED THAT THE SUBSCRIBERS HE REPRESENTS ARE OPPOSED TO THE INCREASE AND URGED THE BOARD TO REJECT THE REQUEST. COMMISSIONER LOY STATED THAT TWO YEARS AGO THE BOARD CONSIDERED IXORA UTILITIES' PROBLEMS AND GAVE THEM A 100% IN- CREASE WHICH WAS SUPPOSEDLY BASED ON CERTAIN IMPROVEMENTS BEING MADE, AND IT IS VERY DISCOURAGING TO SIT HERE TWO YEARS LATER AND FIND THAT NOT ONE THING HAS BEEN DONE, BUT ANOTHER INCREASE IS BEING REQUESTED FOR ALL THE SAME REASONS, COMMISSIONER DEESON ASKED IF, BEFORE THE PUBLIC HEARING IS CLOSED, THE BOARD COULD REQUEST AUDITED STATEMENTS. HE NOTED THAT WITH AN UNAUDITED STATEMENT THE MAN WHO IS DOING THE AUDIT IS EXPRESSING NO OPINION AND IS ONLY WORKING FROM THE INFORMATION GIVEN HIM. CHAIRMAN WODTKE STATED THAT THE BOARD CAN REQUEST AN AUDITED STATEMENT, AND COMMISSIONER LOY FELT THAT WE,SHOULD ACCORDING TO THE GUIDELINES SET DOWN BY JUDGE SMITH. COMMISSIONER DEESON FELT.WE ALSO SHOULD HAVE A CURRENT STATEMENT THROUGH MAY, 1975 OR AT LEAST THROUGH 9 MONTHS OF THE CURRENT FISCAL YEAR, IF POSSIBLE. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. COMMISSIONER LOY ASKED ATTORNEY COLLINS FOR A BRIEF OUTLINE OF THE NEXT STEP IN THE RATE HEARING PROCEDURE. ATTORNEY COLLINS FELT THE BOARD MUST DECIDE WHAT ADDITIONAL MATERIAL THEY WANT, MAKE A LIST AND GIVE .IT TO THEM IN WRITING, GIVE THEM AN OPPORTUNITY TO RESPOND TO IT, AND THEN DISCUSS THE MATERIAL WHEN IT COMES IN. BASED ON THAT WE WILL PREPARE A RESOLUTION BASED ON FINDINGS OF FACT. COMMISSIONER LOY DISCUSSED A TIME FRAME FOR -GATHERING OF THE MATERIAL NEEDED. 149 �1L lie ;� Fr1sr 'JUL 19 1978 r • f MR. EDELSTEIN STATED THAT HE COULD PREPARE THE 1978 FIGURES AND HAVE THEM BEFORE THE END.OF THE MONTH, BUT CERTIFIED FIGURES WOULD BE A MANAGEMENT DECISION AND COULD TAKE A LONGER PERIOD. MR, TANEN SAID THEY HAVE NEVER HAD A CERTIFIED AUDIT, AND ATTORNEY BOGOSIAN STATED THAT IF THEY HAVE TO GET A CERTIFIED AUDIT, THERE,.IS THE POSSIBILITY THAT THEY WOULD WITHDRAW THIS RATE INCREASE REQUEST AND SUBMIT FOR ANOTHER HEARING AND DIFFERENT RATES. HE FELT THE.AUDIT MIGHT SHOW THAT THEY ARE ENTITLED TO A HIGHER RATE. CHAIRMAN WODTKE REQUESTED THAT IXORA UTILITIES SUPPLY THE f. BOARD WITH THE FOLLOWING: L JHE ORIGINAL CAPITALIZATION SET UP IN THE CORPORA- TION AS of 1959. 2. OPERATIONAL FIGURES FOR 19781 AUDITED. 3. BREAKDOWN OF RATE RETURN STRUCTURE BASED ON THEIR REQUEST USING THE AVERAGE MONTHLY UTILIZATION IN 1978, 4.,DETAILED COST ESTIMATE OF IMPROVEMENTS - EXPLAINING WHAT THEY INTEND TO DO WITH THE $100,000 EARMARKED FOR PLANT EXPANSION ( WHAT THIS INCLUDES - WHAT IS GOING TO HAPPEN TO THE OLD PLANT, ETC.) - CORREC- TIVE MEASURES THAT WILL BE TAKEN, 5. CORRECTED SHEET EXHIBIT E AND EXHIBIT H - BASED ON RATES REQUESTED, COMMISSIONER SCHMUCKER ASKED HOW LONG IT WOULD TAKE FOR A CERIFIED AUDIS', AND MR. EDELSTEIN DID NOT FEEL IT WOULD TAKE MORE THAN A MONTH. MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER Loy, TO CONTINUE CONSIDERATION OF THE RATE INCREASE REQUESTED BY IXORA UTILITIES UNTIL SUCH TIME AS ALL THE INFORMATION REQUESTED, • AS SET OUT ABOVE, IS RECEIVED. ATTORNEY KRAMER.FELT THE SUBSCRIBERS HE REPRESENTS SHOULD HAVE AN OPPORTUNITY TO SUBMIT NEW INFORMATION BASED.ON THE MATERIAL THAT WILL BE SUBMITTED. ATTORNEY COLLINS STATED THAT IF, IN FACT, THEY ARE GOING TO RESUBMIT, THEN THE HEARING PROBABLY WILL HAVE TO BE READVERTISED, .AND HE INFORMED ATTORNEY KRAMER THAT HE WOULD HAVE ACCESS TO ANY MATERIAL TO BE SUBMITTED. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. 150 JUL 9 197 •,., �� p�;,�r�5� RICHARD VOTAPKA, ENGINEER, APPEARED BEFORE THE BOARD TO DISCUSS THE EXTENSION OF TIME REQUESTED BY WIDELL ASSOCIATES AND REFERRED TO LETTER WRITTEN BY HIM DATED JULY 17, 1975, WHICH EXPLAINS IN DETAIL THE PROBLEMS ENCOUNTERED BY WIDELL ASSOCIATES. THIS LETTER IS HEREBY MADE A PART OF THE MINUTES. 151 JUL. 9 1978 �N�.�53 n : SVERDRUP & PARCEL AND ASSOCIATES. INC. AND ' SEINDORF AND ASSOCIATES. INC. MJ0INT VENTURZ) Mr. Jack G. Jennings County Administrator Indian River County County Courthouse, Room 115 July 17, 1978 Vero Beach, Florida 32960 Re: Indian River County Water System EDA Project.04-51-20869 Dear -14r. Jennings: Ralph Eng of Sverdrup & Parcel and Associates, Inc., and I have reviewed the Widell Associates, Inc., letter of July 10, 1978, to Indian River County, in which they requested a 62 calendar day time extension to their contract for the above subject project. The four principal reasons cited in their letter as causes for delay are as follows: 1. i•ailure to perform and subsequent cancellation of Minority Systems, Inc.., in their subcontract with Widell Associates, Inc. 2. Delayed shipment of pumping equipment and auxiliary engine by the manufacturer. 3. Workers strike in March 1978 by the BIF (Basic.In Flow) Company delaying ship- Inent of system instrumentation. 4. Delay in electrical work and instrumentation installation at the elevated water storage tank caused by delay of POM-Hydrostorage in starting tower erection. The records show that a 62 -day period lapsed between the time Minority Systems, Inc., requested cancellation of their subcontract with Widell Associates, Inc., and the date Cad W. Brown, the succeeding minority contractor, entered into subcontract with Widell Associates, Inc., for construction of the pumping station. During the time, however, when Widell Associates, Inc., was seeking and negotiating with various minority contractors, no work of any kind was performed by Widell Associates, Inc., from March I8th through March- 31st. The pumps.for the pump station have arrived and were installed on July 11, 1978, but the auxiliary engine has not been shipped yet. It is supposed to be shipped by the end of.Juiy and can be easily installed within a week after arrival. The BIF strike is now over but the scheduled shipping dates for the Chronoflo transmitter and receiver are September 22nd and October 16th, respectively. Widell Associates, Inc., is currently trying to expedite shipment. Erection of the water tower is supposed to be completed by the end of July, so that Commencement of the electrical work and instrumentation by Widell Associates, Inc., Should not be as delayed as they anticipated. We, therefore, recommend the following: 1. All work under contract including testing, sterilization, and start up without instrumentation shall be completed by no later than Friday, August 25, 1978. This is an extension of 53 calendar days to the contract time for Widell Associates, Inc. 2. Shipment, installation, and operation'of all instrumentation will have an in- definite extension but no later than December 1, 1978, with the following con- ditions: A. Widell Associates, Inc., shall maintain their performance and payment bonds, and insurance until final acceptance of the project. i3. •The County shall operate the system manually from the time it is completed .without the instrumentation; the total calendar days of manual operation will be subtracted from the one year warranty period. C. The warranty period for the instrumentation shall be one year from the date of final acceptance of the project. 3. Widell Associates, Inc., may be assessed liquidated damages of $200 per calen- .dar day after August 25, 1978, if all the work under the contract excluding instrumentation is not completed. We request that the Indian River County Commissioners review our recommendations at their regularly scheduled July 19, 1978, meeting, and notify Widell Associates, Inc., of their decision regarding the extension of contract time as soon as possible following the meeting. Sincerely, - Richard B. Votapka Beindorf and Associates, Inc. MR. VOTAPKA STATED THAT HE AND ENGINEER ENG WOULD REQ COMMEND THAT WIDELL FINISH EVERYTHING UNDER THEIR CURRENT CONTRACT - STERILIZATION, TESTING OF LINES, AND START UP. HE NOTED THAT UNTIL FINAL ACCEPTANCE, THEY HAVE TO MAINTAIN THEIR PERFORMANCE BOND. HE FURTHER NOTED THAT THE SYSTEM CAN BE OPERATED WITHOUT THE INSTRU- MENTATION AND WE CAN MAKE PARTIAL ACCEPTANCE. MR. VOTAPKA INFORMED THE BOARD THAT THEY ARE GOING TO TRY TO TEMPORARILY CONNECT THE SCHOOL. ENGINEER VOTAPKA NOTED THAT THE CONTRACT WITH DRIVEWAY SYSTEMS FOR RENOVATION OF THE SYSTEM HAS BEEN SIGNED, AND WE ARE ONLY WAITING FOR THE PROPERLY EXECUTED FHA PERFORMANCE BOND, HE STATED THAT THE CONSTRUCTION OF THE RENOVATION WILL BE CONCURRENT WITH OUR PHASE I CONSTRUCTION. ` MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, TO ACCEPT THE RECOMMENDATION OF THE CONSULT- ANT, CHAIRMAN WODTKE QUESTIONED THE DECEMBER LST CUTOFF DATE WHICH HE FELT MIGHT GIVE THEM MORE TIME THAN IS REALLY NECESSARY, BUT ENGINEER VOTAPKA POINTED OUT THAT THE SHIPPING, DATE CAN VARY FROM 4-6 WEEKS. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON _AND CARRIED UNANIMOUSLY. ENGINEER VOTAPKA STATED THAT ENGINEER RALPH ENG WISHES TO REQUEST AUTHORIZATION FROM THE BOARD FOR A RESIDENT INSPECTOR AND .NOTED THAT THE RATES FOR THIS ARE IN MODIFICATION 0. HE STATED THEY WERE THINKING OF HAVING LEON YOUNG HANDLE MOST OF THIS ON A DAILY BASIS AND THE ENGINEERS WILL BE ON SITE AS NEEDED. THIS WOULD BE DONE ON AN HOURLY BASIS, ADMINISTRATOR .JENNINGS STATED THAT HE HAS DISCUSSED THIS WITH THE ENGINEERS AND SEES NOTHING WRONG WITH WHAT THEY ARE'SUGGEST- ING BUT WOULD EMPHASIZE THAT THE RESPONSIBILITY FOR ALL THE INSPEC TION LIES WITH THE ENGINEERS OF THE .JO"INT VENTURE AND NOT WITH LEON YOUNG. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY GAVE AUTHORIZATION FOR HIRING A �Au 0 Ll RESIDENT INSPECTOR FOR THE GIFFORD MATER SYSTEM AT AN HOURLY RATE APPROVED BY THE ADMINISTRATOR. LETTER WRITTEN BY CHAIRMAN WODTKE RE COMPENSATION OF THE ENGINEERS IS HEREBY MADE A PART OF THE MINUTES. i- BOARD OF COUNTY COMMISSIONERS CO WILLIAM C. WODTKE, JR.. Chairman ALMA LEE LOY, Vice Chairman �. WILLARD W. SIEBERT, JR. k'..'• EDWIN S. SCHMUCKER �Lf1RI0� _ FL DON DEESON JACK G. JENNINGS. Administrator 2145 14th Avenue Vero Beach, Florida 32960 t 4u17 21, 1978 Mr. JamesBeindorf;> Beindorf and Associates, Inca 3885 20th Street P.0'. Box 849 Ul F 4 rw i •* A Vero Beach, Florida 32960 l r Dear- Mr. Beindorf : _ . .�: �. •` • ; , ;'= 1 This.letter is to confirm the Indian River County -Board of County Commissioners authorization, at the Regular Meeting of July 5, 1978, for the Joint Venture (Sverdrup & Parcel and Associates, Inc, and Beindorf and Associates, Inc.) to furnish additional services for preplanning activities as necessary to develop a project scone for the next phase of the Countywide Water and Sewer Project. Compensation through July 12, 1978 shall be in accordance with Section E of the Engineering Agreement dated December 20, 1972 and, after July 12, 1978 in accordance with.the Modifi.- cation-Number Three to the Engineering Agreement dated July 13, 197.8. Sincerely, BOARD OF COUNTY CO14ISSIONERS I/N�DIAN RIVER COUNTY, FLORIDA bir d w� L' llla•d , William C. Wodtke, Jr. Chairman WCW,Jr.:ef JUL 191978 154 55 r; : 46u ATTORNEY COLLINS INFORMED THE BOARD THAT A LETTER HAS BEEN RECEIVED FROM WILLIAM STEWART, ATTORNEY FOR THE HOSPITAL BOARD, REQUESTING AN ADVANCE OF $200,000 ON THE'rPURCHASE PRICE OF THE HOSPITAL, WHICH IS CONSISTENT WITH THE CONTRACT. -DISCUSSION FOLLOWED ON DATES FOR MAKING THIS PAYMENT SO AS NOT TO DISRUPT ANY OF OUR FEDERAL REVENUE SHARING INVESTMENTS. ON,:.MOTION BY COMMISSIONER i.OY, SECONDED BY COMMISSIONER SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE PAYMENT OF $100,000 TO INDIAN RIVER MEMORIAL HOSPITAL ON .JULY 21ST; THE OTHER $100,000 TO BE PAID AUGUST 11, 1978; THESE FUNDS TO BE TAKEN FROM THE FEDERAL REVENUE SHARING ACCOUNT. FINANCE DIRECTOR BARTON NOTED THAT HE DOES NOT HAVE AN APPROPRIATE ACCOUNT FOR THIS UNDER FEDERAL REVENUE SHARING AND - WILL HAVE TO TRANSFER LINE ITEMS WHICH WILL NEED APPROVAL, HE STATED THAT HE WILL RESEARCH THIS AND PRESENT IT FOR APPROVAL LATER IN THE MEETING. THE BOARD GENERALLY AGREED IT SHOULD BE TAKEN OUT OF THE WATER AND -SEWER ACCOUNT. ATTORNEY COLLINS REPORTED THAT HE HAS RECEIVED A NOTE FROM MR. LOHMAN, PRESIDENT OF TREASURE COAST UTILITIES, STATING THAT HE HAS BEEN UNABLE TO REACH HIS ATTORNEY, BUT TO GO.AHEAD. AND PREPARE THE AGREEMENT AS DISCUSSED EARLIER TODAY AND HE WILL SIGN IT. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN THE AMENDMENT TO THE UTILITY AGREEMENT WITH TREASURE COAST UTILITIES AS DISCUSSED AND AUTHORIZED THE ATTORNEY TO WRITE A LETTER RE- SCINDING THE TERMINATION LETTER DATED .JULY 6, 1978. SAID AGREEMENT IS HEREBY MADE A PART OF THE MINUTES. JUL x.91978 155 ldtdl' MJ`46 AMENDMENT TO AGREEMENT THIS AMENDMENT TO AGREEMENT, Made the l% day of , 1978, by and between INDIAN RIVER COUNTY, 1 a political subdivision of the State of Florida, and TREASURE i COAST UTILITIES, INC., a Florida corporation. WITNESSETH: For consideration of mutual promises and other monies in hand paid, the parties agree as follows: I 1. That Agreement dated the 15th day of April, 1976, by.and between INDIAN RIVER COUNTY and TREASURE COAST UTILITIES, INC., is hereby amended to add an additional paragraph which will read as follows: 19. The parties agree that INDIAN RIVER COUNTY shall have the right to terminate this Contract without cause at any time after thirty (30) days notice. N IN WITNESS WHEREOF, the proper officers of INDIAN RIVER :OUNTY, FLORIDA, and TREASURE COAST UTILITIES, INC., have set their hands and seals the day and year first above written. >igned, sealed and delivered i Ln the presence of: INDIAN RIVER COUNTY,' FLORIDA .BY �C t . Is to County TREASURE CO TILITIES . X111 -%-act Y to Treasure Coast O _ . a COMMISSIONER SIEBERT NEXT DISCUSSED PROBLEMS INVOLVED WITH THE TOWN OF INDIAN RIVER SHORES FIRE DEPARTMENT AND PRESENTED FOUR POSSIBLE ALTERNATIVES: 1. STAND BY THE ORIGINAL AGREEMENT AND HOPE THAT IT IS ENFORCEABLE: 2. SET A DEFINITE FUTURE TIME THAT THE COUNTY WOULD TAKE OVER THE DEPARTMENT: 3. TAKEOVER THE INDIAN RIVER SHORES FIRE DEPARTMENT IMMEDIATELY; OR 4. ACCEDE TO THE WISHES OF THE TOWN OF•INDIAN RIVER SHORES AND CANCEL THE AGREEMENT. COMMISSIONER SIEBERT STATED THAT HE BELIEVED THAT THREE OF THESE ALTERNATIVES WOULD RESULT IN COURT ACTION AND NOTED THAT HE HAD ASKED THE SPECIFIC QUESTION AS TO WHETHER ANY OF THIS IS NEGOTIABLE AND WAS TOLD THAT IT IS NOT. COMMISSIONER SIEBERT CONTINUED THAT HE FELT IF WE TAKE THE DEPARTMENT OVER, WE SHOULD NEGOTIATE WITH THE CITY OF VERO BEACH TO CONTRACT TO OPERATE IT. HE FELT IT MIGHT BE WISE TO TAKE IT OVER AND NOTED THAT HE AND ATTORNEY COLLINS HAVE EXPLORED THIS POSSIBILITY WITH ONE MEMBER OF THE CITY COUNCIL, THE CITY MANAGER AND THE FIRE CHIEF,' ALL OF WHOM r ARE RECEPTIVE TO THE -IDEA. COMMISSIONER SCHMUCKER ASKED HOW MUCH IT WOULD COST US TO CONTRACT THIS, AND COMMISSIONER SIEBERT STATED HIS RECOMMENDA- TION WAS' THAT THEY WOULD CONTRACT WITH INDIAN RIVER SHORES FOR THE EXACT COST INVOLVED. HE INFORMED THE BOARD THAT IF THE CITY OF VERO BEACH DOES NOT HAVE ACCESS TO THAT PUMPER, THEY ARE GOING TO PUT ONE IN THEIR BUDGET. HE FURTHER NOTED THAT THE TOWN OF INDIAN RIVER SHORES.HAS ESTIMATED $183,000 IN THEIR BUDGET FOR THE COST OF THE FIRE DEPARTMENT. COMMISSIONER SIEBERT THEN WENT ON TO DISCUSS THE POSSI- BILITY OF HAVING A SOUTH COUNTY FIRE DISTRICT AND STATED THAT HE COULD NOT BELIEVE THAT ALL THE CITIZENS OF THE COUNTY WOULD BE SERVED TO THE ULTIMATE BY HAVING A SEPARATE COUNTY SYSTEM. HE DISCUSSED POSSIBLE LOCATIONS FOR FIRE STATIONS IF A SOUTH COUNTY DISTRICT WERE ESTABLISHED. COMMISSIONER SIEBERT DID NOT FEEL IT WOULD BE FAIR TO IMPOSE ON THE NORTH COUNTY THE EXPENSES IMPOSED 157 35 r�,,459 J U L 19 1978 FOR FIRE CONTROL IN THE SOUTH COUNTY. HE NOTED THAT THE NORTH COUNTY HANDLES THEIR OWN FIRE CONTROL NEEDS VERY WELL AND FELT THEIR NEEDS ARE VERY DIFFERENT THAN THOSE OF THE SOUTH COUNTY. HE POINTED OUT THAT THIS IS A MATTER OF URGENCY BECAUSE THE TOWN IS WORKING ON�THEIR BUDGET NOW, AND ASKED IF THE BOARD COULD DESIGNATE A TIME IN THE FUTURE WHEN WE ARE GOING TO TAKE OVER THE INDIAN RIVER SHORES FIRE DEPARTMENT. ATTORNEY-COLLINS STATED THAT HE WOULD PREFER THAT THIS BE DONE RIGHT AWAY AS IT WOULD PUT US IN THE STRONGEST POSITION. CHAIRMAN WODTKE AGREED THEFV WOULD BE A GREAT ADVANTAGE TO HAVING ONE FIRE TAXING DISTRICT FOR THE SOUTH COUNTY AND ONE•FOR THE NORTH COUNTY, BUT FELT THAT APPROACH IS DEPENDENT ON WHAT THE CITY OF VERO BEACH IS WILLING TO DO. HE ASKED IF THE TAXING DISTRICT COULD CONTRACT WITH THE CITY OF VERO BEACH TO RUN IT. M ATTORNEY COLLINS FELT THE POSSIBILITY OF CONTRACTING WITH THE CITY OF VERO BEACH COULD PROVE TO BE OF SUBSTANTIAL BENEFIT TO THE CITY, BUT PREFERRED TO TALK TO THE TOWN AS A FIRST STEP RATHER THAN THE CITY. COMMISSIONER SIEBERT STATED THAT HE WOULD APPROACH THE TOWN OF INDIAN RIVER SHORES BUT WOULD LIKE TO GO TO THEM WITH A CONCRETE PROPOSAL THAT THE BOARD IS AGREED UPON. HE STATED THAT HE WOULD LIKE TO SEE THE COUNTY TAKE OVER THE INDIAN RIVER SHORES FIRE DEPARTMENT; NEGOTIATE A CONTRACT WITH THE CITY OF VERO BEACH TO RUN IT; ESTABLISH THE FIRE DISTRICTS PRIOR TO JANUARY 1ST, 1979; AND GET THEM IN OPERATION NEXT YEAR. HE STATED THAT HE WOULD HATE TO TALK TO THE TOWN WITHOUT LETTING THE CITY KNOW WHAT WE HAVE IN MIND TO DETERMINE IF THEY HAVE ANY OBJECTIONS, AND FELT WE COULD EVEN ASK ONE OF THE CITY COUNCIL TO GO TO THE TOWN WITH US. THE BOARD AGREED THAT COMMISSIONER SIEBERT SHOULD PROCEED AS JUST SUGGESTED. , COMMISSIONER Loy INFORMED THE BOARD THAT SHE HAS RECEIVED FROM FINANCE OFFICER BARTON TH E•.INFORMATION NEEDED TO MAKE THE 158 • �F;, 460 JIM 10 1978 b TRANSFER NECESSARY TO PAY THE HOSPITAL BOARD. .ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT TO PROVIDE FUNDS TO PAY THE HOSPITAL OUT OF THE FEDERAL REVENUE SHARING FUNDS.: COAC UN TITLE ACCOUNT NO, INCREASE DECREASE BUILDINGS & STRUCTURES 62-2670-401 $300,000 WATER & SEWER: BUILDINGS & STRUCTURES 62-7101-401 $150,000. EQUIPMENT 62-7101-402 $150,000. COMMISSIONER Loy INFORMED THE BOARD THAT WE HAVE RECEIVED A RECOMMENDATION FROM THE PLANNING DEPARTMENT TO DO WITH POSSIBLE CHANGES IN THE MASTER PLAN, WHICH THE ORDINANCE REQUIRES BE ADDRESSED ON A YEARLY BASIS. SHE NOTED THAT WE NEED TO GET A DATE FOR A PUBLIC HEARING ON THESE CHANGES AND AUTHORIZE THE ATTORNEY TO ADVERTISE. SHE CONTINUED THAT IT WOULD APPEAR, FROM THE PUBLIC INPUT SO FAR, THAT IT WOULD TAKE A DAY TO GET THROUGH THE*AGENDA, AND FELT IT SHOULD BE HELD SOMEWHERE LARGER THAN THE COMMISSION' ROOM, POSSIBLY THE COMMUNITY CENTER. AFTER SOME DISCUSSION, IT WAS AGREED TO HOLD THIS HEARING ON SEPTEMBER 27TH IF THE COMMUNITY CENTER IS AVAILABLE. COMMISSIONER DEESON DISCUSSED A POSSIBLE TIME FOR RE- VIEWING THE BUDGET OF RITA SAUERMAN, .JUVENILE GUIDANCE VOLUNTEER, AND IT WAS FELT -THIS COULD BE FITTED IN EARLY NEXT WEEK, COMMISSIONER SCHMUCKLR STATED THAT -HE NEEDS APPROVAL. - TO ADVERTISE FOR A HOSPITAL ARCHITECT. ' COMMISSIONER LOY ASKED IF WE NEED AN ENGINEERING FIRM THAT HAS BOTH ARCHITECTURAL AND ENGINEERING ABILITIES OR WHETHER SEPARATE ARCHITECTS AND ENGINEERS WOULD BE NEEDED, SHE FELT THIS IS IMPORTANT BECAUSE THE ADVERTISEMENT MUST SET OUT SPECIFICALLY WHAT IS NEEDED. COMMISSIONER SCHMUCKER FELT AN ARCHITECT COULD DO IT, THOUGH HE MIGHT GET INTO A LOT OF MECHANICAL AND ELECTRICAL PROBLEMS. CHAIRMAN WODTKE POINTED OUT THAT THE SURVEY REPORTS AL- READY DONE WOULD INDICATE THAT BOTH ARCHITECTURAL AND ENGINEERING 159 461 EXPERTISE IS NEEDED TO RENOVATE THE OLD HOSPITAL. HE NOTED THAT AFTER WE'ENGAGE SOMEONE, WE ARE GOING TO HAVE TO TELL THEM WHAT WE WANT TO DO AND THEN LET THEM TELL US IF IT IS FEASIBLE AND WHAT THE COST WILL BE. HE FELT WE HAVE A LOT OF USABLE INFORMATION FROM STUDIES THAT ALREADYiHAVE BEEN DONE. COMMISSIONER SIEBERT FELT WE SHOULD GET ENGINEER BEINDORF'S ADVICE, USE THE SURVEYS ALREADY MADE, AND MAKE THIS PART OF OUR NEGOTIATIONS WITH THE ARCHITECT. HE NOTED WE MUST OBTAIN LETTERS OF INTEREST AND THEN SELECT A CERTAIN NUMBER -FROM THE ANSWERS RE- CEIVED AND INTERVIEW THEM. ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT WE NEED TO HAVE SECURITY PUT IN THE HOSPITAL RIGHT AWAY AND WILL NEED A MAINTENANCE MAN. HE CONTINUED THAT THE ADMINISTRATOR'S STAFF IS ENGAGED IN MAKING A SPACE DETERMINATION NEED S SURVEY 4 RIGHT NOW AND SUGGESTED THAT THIS DATA BE COMPILED AND SUBMITTED TO THE ARCHITECTS FOR THEIR RECOMMENDATION. ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMIS- SIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO ADVERTISE FOR LETTERS OF INTEREST FROM FIRMS•WITH ARCHITECTURAL AND ENGINEERING DISCIPLINES, WHO CAN SUPPLY ALL SERVICES THAT WILL BE NEEDED IN MAKING PLANS TO UTILIZE THE OLD HOSPITAL. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAS TALKED WITH THE DOT AND WOULD REQUEST THAT THE CHAIRMAN NOW SIGN THE SECONDARY ROAD MAINTENANCE AGREEMENT AS PREVIOUSLY AUTHORIZED. CHAIRMAN WODTKE SIGNED'THE SECONDARY ROAD MAINTENANCE AGREEMENT, AND IT IS HEREBY MADE A PART OF THE MINUTES.' JUL 19 1978 160 em 35 PA.ri-7- 462 iofPMNs'.:—..e ngerw-b�.r+,...- ,.;e-gam•'SWM+V.',�e^�.!'Y+.�aN�a-•�F++'Mb'f•.M•..-wN*>n�...�m,17�A:7sc^�S�Rao�M�,�C..ae +�b.e.w '' AGREEMENT p 'PHIS AGREEMENT, made this day of S9 , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter called the "Department", and k hereinafter called the "County"; WITNESSETH: NHEMEAS, the parties hereto entered into an agreement dated " providing for maintenance by the Department of roads in the County then designated as secondary roads on the state highway system, for which the ». County has maintenance responsibility, with the cost of such maintenance to be paid by the County: and ' 1MREAS, the County is now prepared to perform the maintenance work on such roads and the parties desire to terminate the aforesaid agreement. MW# TEEMEFORE, in consideration of the premises the parties agree: I. The above-described agreement is terminated effective 19 , and both parties are thereupon relieved. of their obligations thereunder. 2. Upon termination of said maintenance agreement, the County assumes full responsibility for the.maintenance of the roads described in Exhibits "A" and "C", attached hereto and made a part hereof, and shall maintain in accordance with federal -standards those roads or portions thereof, identified in Exhibit•"C". 3. The Department hereby assigns to the County and the County does hereby accept all the rights and responsibilities of the Department under agreements for the sharing with certain railroad companies of maintenance costs for railroad crossings identified in Exhibit "D", attached hereto and made a part hereof. The— railroad company shall be notified of this assignment by copy of this agreement. . -e .r IN�s pan�r�- • MCA rIhUC �Y�.► "�" a 91978 y?:., tt s�. 3, l sV+... .•.•iM w. +Rw..M': •... •.e�gyal-._ a41AR,.,...ns:•z+nwM'r..w• .r•.s.�,yJq•_. wT. .. .. v .iii"... � ° e r, 4. The+;County shall indemnify, defend and save harmless the Department from all suits, actions or claims and liabilities of any nature arising out of the operation, maintenance, or use of•the subject roads. IN WITLESS WHEREOF, the parties hereto have caused these presents to be raceeuted, the day and year first above written. i STATE OF FLORIDA DEPARTMENT N OF TRANSPORTATION BYa Director of Administration ATTEST. (SEAL) Executive Secretary t l idian River couNTlt, FLoRIDA BY: TITLE: Chairman ATTEST: (SEAL) ' l TITLE: Clerk + .»-n ...• .•'e0.- ,,tm•r-..;�.. ,-�:�aptl,p•..'r-r•ar.� �v • �wr.• :a�cg�•.:• ,'•:a^,, ..no:.*.a _ _•• - ..>., _. ,,�: ,� :_, -.�,, j� Al 5 464 JUL. 19 1978 `' 7 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 78-51 HONORING LADYE FLANAGAN FOR HER SERVICE ON THE EOC BOARD. RESOLUTION NO. 78-51 WHEREAS, LADYE R. FLANAGAN was appointed by the Board J of County Commissioners of Indian River County, Florida, to Serve as a Board Member on the Economic Opportunites Council on October 19, 1976; and WHEREAS, LADYE R. FLANAGAN.has served well on the Board of the Economic Opportunities Council, representing the interests of all of the people of Indian River County; and WHEREAS, LADYE R. FLANAGAN has, effective June 22, 1978, submitted her resignation from the Board of the Economic Opportunities Council, which resignation has been accepted; 'NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That on, behalf of itself and the citizenry of Indian River County, the Board desires to thank LADYE R. FLANkGAN for serving capably as a• Board Member on the Economic Opportunities Council -from October 19, 1976 through June 22, 1978. Said Resolution shall become effective as of the 19th day of July , 1978. BOARD.OF COUNTY COMKISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By William C. Wodtke, Jr.,//Chairman Attest: • Freda Wright, C1 k 163 ®10 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION NO. 75-52 HONORING TERRENCE D. MARR FOR HIS SERVICE ON EOC BOARD. RESOLUTION NO. 78-52 WHEREAS, TERRENCE D. MARK was appointed by the Board of County Commissioners of Indian River County, Florida, on September 21, 1977, to serve as a Board Member on the Economic Opportunities Council; and 'WHEREAS, TERRENCE D. MARK served very capably as Chairman of the Economic Opportunities Council Board from October, 1977• until June 21, 1978; and WHEREAS, TERRENCE D. MARR, effective June 21, 1978, sub- mitted his resignation as Board Member and Chairman of the Economic Opportunities Council; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That on behalf of itself and the citizenry of Indian River County, Florida, wishes to thank TERRENCE D. MARK for capably serving both as a Board Member.and as Chairman of the Economic Opportunities Council;* and BE IT FURTHER RESOLVED, THAT THE BOARD OF COUNTY COMMISSIONERS desires to wish TERRENCE D. MARR great success in his future endeavors and thanks him for his total service to Indian River County, both as a citizen, Member of the Economic Opportunities Council Board and in his capacity with the Y.M.C.A. Said Resolution shall become effective as of the 19th day of July , 1978. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By G� Q - W1 liam C. Wodtke, Jr., Chairman Attest: i V reda Wright', Clark 164 Not JUL 19 1978 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY GAVE RETRO -ACTIVE APPROVAL FOR ADMINISTRATOR JENNINGS TO TRAVEL TO ATLANTA TO MEET WITH THE EPA RE THE TRIPARTITE AGREEMENT, MONDAY, JULY 17, 1978. •AGRtEMENT BETWEEN INDIAN RIVER COUNTY AND MCCULLERS & HOWARD WELL DRILLING, INC., IS HEREBY MADE A PART OF THE flINUTES AS APPROVED AT THE MEETING OF JUNE 21, 1978. JUL .191978 r M AGREEMENT THIS AGREEMENT, Made and entered into this 21st day of June 1978, by and between INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", and McCULLERS & HOWARD WELL DRILLING, INC., a F16rida corporation, hereinafter referred to as "McCULLERS", their successors and assigns. ;. WITNESSETH: For and in consideration of mutual promises, the parties agree as follows: A. McCULLERS agrees to perform the following described work for the prices established by each item, in a good and workmanlike manner and in a timely fashion, satisfying specifications as may be required by GERAGHTY & MILLER, INC., Consulting Ground Water Geologists and Hydrologists. The parties agree that McCULLERS shall do the following work regarding the drilling of exploratory wells, test wells, and observations wells -as follows: 1.0 EXPLORATORY WELLS 1.1 For providing equipment, materials and labor necessary to construct, sample, develop, test, and remove six exploratory wells in accordance with the specifications 4,800.00 1.2 Adjustments: Exploratory Wells 1.21 For drilling and formation sampling more or less than 125 feet deep 1.22 For installing and removing a ten -foot -long screen and collecting a water sample from more or less than one zone in each well 1.23 For exploratory well casing left in place 1.24 For exploratory well screen left in place $ 2.00/Ft. $ 40.00/Sample $ 1.70/Ft. $ 240.00/Screen 1.25 For standby time for work delays imposed by the Owner or Consultant $ 40.00/Hr. LION 35 F4,: 468 JUL 191978 2.0 TEST WELL 2.1 For providing equipment, materials, and labor necessary to construct, sample, develop, _ test, and remove one test well in accordance with the specifications $12,130.00 2.2 Adjustments: Test Well 2.21 For drilling and formation sampling more or less than 125 feet $ 6.00/Ft. 2.22 For setting more or less than 20 feet of screen interval (insertion of a blank section is to be considered part of screen) $ 40.00/Ft.. 2.23 For development more or less than 20 hours • $ 15.00/Hr. 2.24 For testing more or less than 24 hours $ 15.00/Hr. 2.25 For standby time for work delays imposed by the Owner or Consultant $ 40.00/Hr. 3.0 OBSERVATION WELLS 3.1 For providing equipment, materials, and labor necessary to construct, sample, develop test, and remove three observation wells ° and three dry wells in accordance with the specifications $ 2,320.00 a -3.2 Adjustments: Observation Wells ' 3.21 For drilling and formation sampling more or less than 125 feet deep .$ 2-.00/Ft. 3.22 For observation well casing left in place $ 1.70/Ft. 3.23 For observation well screens left in place $ 80.00/Screen 3.24 For standby time for work delays imposed . by the Owner or Consultant $ 40.00/Hr. -2- 4 mut 35 A69, JUL 1.91978 r B. McCULLERS agrees to indemnify and hold COUNTY harmless for any liability that may result to third parties or to property from the work being performed by McCULLERS on -COUNTY'S property. In addition thereto, McCULLERS agrees to provide COUNTY with a liability insurance policy naming COUNTY as a Co -Endorsee, in minimum amounts of ONE HUNDRED THOUSAND - THREE HUNDRED THOUSAND DOLLARS ($100,000.00-$300,000.00). C. COUNTY hereby grants to McCULLERS the right to enter upon the property in order to drill the test wells, exploratory wells and observation wells. All test wells, exploratory wells and observation wells shall be drilled in -areas designated by GERAGHTY & MILLER. Supervision for the job shall be under the control of GERAGHTY & MILLER. D. In conformance with Florida Statutes, the parties agree that no money shall be paid to McCULLERS for services performed under this Agreement until the job is complete and Y has been certified by GERAGHTY & MILLER and accepted by GERAGHTY & MILLER to COUNTY. Upon the certification and acceptance, COUNTY shall then pay, in lump sum, the total amounts due, said amounts shall be paid only upon completion of the total job. IN WITNESS WHEREOF, the duly authorized officers of INDIAN RIVER COUNTY and McCULLERS & HOWARD WELL DRILLING, INC.. have executed this Agreement the day and year first above written. Signed, sealed and delivered in the presence of: INDIAN RIVER COUNTY, FLORIDA # { By William C. Wodtke, Jr. hairman Board of County Commis ioners Attest: 7, As County Clerk, Carcuit Court nn McCULLERS & HOWARD WELL DRILLING, INC. Kl;�; /&/)�7 Attest: As P6 McCullers -3- 5 PAUL 470 Jit 91978 `• Geraghty & Miller, Inc. concurs with this Agreement this —7 day of , 1978. i Title i• ' 35 pgAl IVA r a i J j I " r 35 pgAl IVA r THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING -BF,EN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND NOS. 58576 - 58722 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 r AND CARRIED, THE BOARD ADJOURNED AT 8:50 O'CLOCK P.M. E ATTEST: CLERK CHAIRMAN JUL ?.91978 170