HomeMy WebLinkAbout9/20/1978b
WEDNESDAY, SEPTEMBER 20, 1978
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN REGULAR SESSION AT -THE COURTHOUSE, VERO BEACH,
FLORIDA, ON WEDNESDAY, SEPTEMBER 20, 1978, AT 8:30 O'CLOCK A.M.
PRESENT WERE WILLIAM C. WODTKE, JR., CHAIRMAN; ALMA LEE Loy, VICE
CHAIRMAN; WILLARD 14, SIEBERT, JR.; EDWIN S. SCHMUCKER; AND R. DON
DEESON. ALSO PRESENT WERE JACK G. JENNINGS, COUNTY ADMINISTRATOR;
L.S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS,
JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JEFFREY K. BARTON,
FINANCE OFFICER; AND VIRGINIA HARGREAVES, DEPUTY CLERK.
THE CHAIRMAN CALLED THE MEETING TO ORDER.
COMMISSIONER LOY LED THE PLEDGE OF ALLEGIANCE TO THE FLAG,
AND REVEREND CHARLES BOGGS, CHRIST :"METHODIST CHURCH, GAVE THE INVOCATION..
ON LOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A PERMIT
TO CARRY A CONCEALED FIREARM OF ROBERT F. MACH.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR JUDITH
WAKEFIELD, COUNTY EXTENSION DIRECTOR, AS FOLLOWS:
SE TEMBER ZO COCOA DISTRICT 4-H COUNCIL MEETING
L VENING)
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED ISSUANCE OF DUPLICATE TAX SALE
CERTIFICATE NO. 1098 TO t-l.A. CARL BOWYER.
THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN
THE OFFICE OF THE CLERK:
jRAFFIC VIOLATION BUREAU, SPECIAL TRUST FYNREPORT, AUGUST, 1978
RAFFIC VIOLATION FINES BY SAME, AUGUST, 9//8
COMMISSIONER Loy INFORMED THE BOARD THAT THE.FINANCE DEPARTMENT
HAS PRESENTED SEVERAL BUDGET AMENDMENTS THAT NEED TO BE APPROVED IN THE
GENERAL FUND, MAINLY DUE TO ACCOUNTS BEING UNDERESTIMATED FOR THE YEAR,
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER'
DEESON, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PROVIDE
ADDITIONAL FUNDS -FOR RENTAL OF EQUIPMENT FOR DATA PROCESSING AS FOLLOWS:
� SEP 2 0 1978 ., J
ACCOUNT TITLE ACCOUNT HAKE INCREASE DECREASE
RENTAL OF EQUIPMENT 01-2551-331.00 $10.00
SUBSCRIPTIONS 01-2551-332.00 $10.00
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PROVIDE
ADDITIONAL FUNDS FOR UTILITIES FOR THE COURTHOUSE AND ANNEX FOR THE
BALANCE OF THE FISCAL YEAR, AS FOLLOWS:
ACCOUNT TITLE ,ACCOUNT 110. INCREASE DECREASE.
UTILITIES 01-2670-340.00 $3,000
RES. FOR CONTINGENCIES 01-9990-701.00 $3,000
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PROVIDE
ADDITIONAL FUNDS FOR THE SALARY ACCOUNT OF THE SUPERVISOR OF ELECTIONS,
AS FOLLOWS:
ACCOUNT TITLE ACCOUNT PSD. lNcBEAsE DECREASE
SALARIES & MAGES 01-2440-102.00 $278.00
FLA. RETIREMENT 01-2440-105.01 25.00
FICA 01-2440-105.02 19.00
RES. FOR CONTINGENCIES 01-9990-701.00 $322.00
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO APPROPRIATE
THE FUNDS NEEDED TO PAINT THE HEALTH DEPARTMENT BUILDING, AS FOLLOWS:
coUNT TITLE ACCOUNT PCO. N RE SE DECREASE
MAINT. - BUILDINGS &
GROUNDS 01-2670-337.00 $5,000
RES. FOR CONTINGENCIES 01-9990-701.00 $5,000
DANA HOWARD CAME BEFORE THE BOARD REPRESENTING JAY LESHAW,
OWNER AND DEVELOPER OF WHITE SURF SUBDIVISION, WHICH CONSISTS OF ONLY
THREE LOTS. HE STATED THAT MR. LESHAW IS REQUESTING A VARIANCE TO THE
SUBDIVISION ORDINANCE 75-3 IN ORDER TO BE ABLE TO REDUCE THE PAVED
WIDTH OF THE ROADWAY LEADING INTO THE THREE LOTS TO 15 FEET TO AVOID
REMOVING ANY MORE TREES THAN NECESSARY. HE STATED THAT THEY DON'T
WISH TO -CHANGE THE RIGHT-OF-WAY, JUST THE -WIDTH OF THE PAVEMENT.
CHAIRMAN WODTKE ASKED IF THIS REQUEST IS BASED ON THE UNUSUAL
TERRAIN OF THIS SUBDIVISION.
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MR. HOWARD AGREED THAT IT IS BECAUSE THE TERRAIN IS UNUSUAL
BOTH AS TO THE LAND AND THE TREES, AND THEY WOULD LIKE TO MAINTAIN THE
NATURALNESS OF THE TERRAIN AS MUCH AS POSSIBLE.
ADMINISTRATOR .JENNINGS STATED THAT THE RIGHT-OF-WAY WILL MEET
ALL THE REQUIREMENTS OF THE EXISTING REGULATIONS. HE NOTED THAT THIS
ROADWAY ACTUALLY DOESN'T CONSTITUTE MUCH MORE THAN A PRIVATE DRIVEWAY,
BUT FELT THERE SHOULD BE A LEVEL AREA WHERE AT LEAST ONE CAR CAN PARK
BEFORE ENTERING THE PRIMARY ROAD. HE FELT THE PLAT SHOULD SHOW THAT
THIS IS A PRIVATE ROAD, AND MR. HOWARD AGREED.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY GRANTED A VARIANCE OF SUBDIVISION ORDINANCE
75-3 TO .JAY LESHAW FOR WHITE SURF SUBDIVISION ALLOWING A REDUCTION IN
THE PAVING TO 15' BASED UPON THE UNUSUAL NATURE OF THE PROPERTY AND
THE LIMITED USE OF THE PROPERTY, CONDITIONED UPON THE APPLICANT BUILDING
A LEVEL HOLDING AREA ADJACENT TO STATE ROAD A1A ALLOWING AN AUTOMOBILE
TO STOP WITH CLEAR VISIBILITY PRIOR TO GAINING ENTRANCE TO S.R. AIA.
CHAIRMAN WODTKE NOTED THAT GENE WADDELL, PRESIDENT OF KIWANIS
CLUB OF VERO-TREASURE COAST, HAD AT A PREVIOUS MEETING EXPRESSED ON
THE BEHALF OF THE CLUB THEIR DESIRE TO SERVE AS THE PRIMARY COMMUNITY
AGENCY TO WORK ON THE DEVELOPING OF THE TRACKING STATION PARK, WHEN.IT
IS ACQUIRED. THE CHAIRMAN CONTINUED THAT THE BOARD APPROVED HIS OFFER
AND SUGGESTED THAT MR. WADDELL CONSULT WITH THE TOWN OF INDIAN RIVER
SHORES AND INFORM THEM THAT THE BOARD HAD ACCEPTED HIS OFFER AND WOULD
TRY TO SET UP A COMMITTEE TO WORK ON A MASTER PLAN FOR THIS PARK BY
THE END OF SEPTEMBER.
MR. WADDELL PRESENTED TO THE BOARD A SUGGESTED COMMITTEE
AS FOLLOWS:
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SEP 2 0 197*8
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Tracking Station Park Committee
1) County Commissioner - Aima Lee Loy
2) George Gentile - City of Vero Beach Planning Department
Registered Landscape Architect
Degree in Landscape Architecture from
University of Florida,
Emphasis on Open Space & Recreational Design
3) Dana Howard - Carter & Associates, Inc.
Engineers, Registered Land Surveyor
4) Rollin Weary - Resident of Indian River Shores, Retired
Advertising & Promotion -Department of Chicago
Tribune and Private Advertising Agency.
5) Gene Waddell - President, Vero -Treasure Coast Kiwanis Club
COMMISSIONER SIEBERT ASKED IF THE,TOWN OF INDIAN RIVER
SHORES HAD AGREED TO MR. WADDELL'S SUGGESTIONS, AND MR. WADDELL
STATED THAT HE HAD NOT UNDERSTOOD THAT HE WAS SUPPOSED TO CONFER WITH
THE TOWN. HE NOTED THAT ROLLIN WEARY, HOWEVER, IS CHAIRMAN OF THE
TOWN OF INDIAN RIVER SHORES PARKS COMMITTEE.
COMMISSIONER LOY NOTED THAT OUR COMMITMENT TO INDIAN RIVER
SHORES WAS THAT WE WOULD WORK WITHIN THE FRAMEWORK OF THEIR PARK
REGULATIONS. COMMISSIONER Loy CONTINUED THAT AS OF YESTERDAY THE
STATUS OF THE TRACKING STATION SITE HAD NOT CHANGED. THE PROPOSED
AGREEMENT WE ARE HOPING THE AIR FORCE WILL GO ALONG WITH IS STIJ.L
SITTING THERE, BUT SHE DID GET A VERBAL COMMITMENT TO HAVE SOME KIND
OF AN ANSWER WITHIN TWO WEEKS AND HOPEFULLY IT WILL BE ON THE
POSITIVE SIDE.
ON MOTION BY COMMISSIONER SCHMUCKER, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 78-61 APPROVING
THE ESTABLISHMENT OF AN INDIAN RIVER CCrUNTY TRACKING STATION PARK
COMMITTEE.
SEP 2 0 197@
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MIX ` rAE 2015
RESOLUTION NO. 78-61
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, that the INDIAN RIVER COUNTY
TRACKING STATION PARK COMMITTEE is hereby approved and
shall be made up of representatives from the following
occupations and/or entities.
1. President, Vero,Treasure Coast
Kiwanis Club Chairman
2. Indian River County Commissioner
3. Landscape Architect
4. Registered Land Surveyor
9
5. Resident of Indian River Shores.
Each appointment to fill the designated spot referred to
above shall be made by Motion of the Board of County
Commissioners of Indian River County, Florida.
This Resolution shall become effective as of the 20th
day of September ,1978.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By. z'1
William C.Wodtke, Jr
Attest:
j4'e-L— (CL 449Z
Freda Wright, Clerk
ion
COMMISSIONER SIEBERT INFORMED THE BOARD THAT HE HAS RECEIVED
A LETTER FROM GENE GAGLIARDI EXPRESSING CONCERN ABOUT THE SPEED LIMITS
ON STATE ROAD AlA, WHICH CHANGE FROM 45 MPH PAST RIOMAR BAY TO 55MPH
AND BACK TO 45 MPH AT SEAGROVE SUBDIVISION. HE FELT THERE.SHOULD BE
ONE CONTINUOUS 45 MPH ZONE FROM THE VERO BEACH CITY LIMITS TO
SEAGROVE BECAUSE OF THE MANY FAMILIES LIVING IN THIS AREA,
MR. GAGLIARDI ALSO WISHED SIGNS PUT UP DESIGNATING SCHOOL BUS STOPS.
IN DISCUSSION,,IT WAS NOTED THAT THIS IS A STATE ROAD, BUT
THE BOARD CAN MAKE RECOMMENDATIONS TO THE.DOT.
COMMISSIONER Loy POINTED OUT THAT THE BOARD DID ASK THE STATE
TO REDUCE THE SPEED LIMIT FROM 55 TO 45 THROUGH RIOMAR AND BY ST. EDWARD'S
WHICH ACCOUNTS FOR THOSE TWO AREAS. SHE FELT WE MIGHT ASK THE DOT TO
CONSIDER THAT WHOLE AREA OR POSSIBLY JUST TIE THE TWO AREAS TOGETHER.
COMMISSIONER SIEBERT NOTED THAT MR. GAGLIARDI IS ALSO
REQUESTING SIGNS FOR SCHOOL BUS STOPS, AND ADMINISTRATOR JENNINGS STATED
THAT WE COULD OBTAIN THOSE SIGNS OR THE SCHOOL COULD AND WE COULD TET
PERMISSION TO PUT THEM UP AS LONG AS WE DIDN'T CHANGE THE SPEED LIMITS.
IT WAS POINTED OUT, HOWEVER, THAT YOU COULDN'T PUT A SIGN EVERYWHERE A
SCHOOL BUS STOPS.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO REQUEST THE
DOT TO STUDY REDUCING THE SPEED LIMITS ON STATE ROAD AIA FROM THE CITY
LIMITS SOUTH TO THE SOUTH END OF THE MOORINGS.
CHAIRMAN VODTKE INSTRUCTED THE ADMINISTRATOR TO INFORM
MR, GAGLIARDI OF THE ACTION TAKEN.
CHAIRMAN VIODTKE ANNOUNCED THAT THE PUBLIC HEARING.SCHEDULED
FOR 10:15 A.M. IN REGARD TO ABANDONING A PORTION OF .JUNGLE TRAIL HAS
BEEN CANCELED BECAUSE IT APPARENTLY WAS IMPROPERLY ADVERTISED AND WILL
BE SCHEDULED TO BE HEARD AT A LATER DATE. THE CHAIRMAN FURTHER STATED
THAT ATTORNEY GREEN, WHO REPRESENTS THE INDIAN RIVER COUNTY BUILDING
'v TRADES ASSOCIATION, AND IS ON THE AGENDA FOR A REVIEW OF FEES CHARGED
AT THE LANDFILL, HAS WRITTEN STATING THAT THEY ARE NOT PROPERLY
PREPARED AT THIS TIME AND WISH THIS ITEM TO BE WITHDRAWN FROM TODAY'S
AGENDA AND PUT ON THE AGENDA OF THE OCTOBER 18TH MEETING.
� SEP 2 01978 J
INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT
HE HAS RECEIVED A LETTER FROM MRS. C. FOGLIA EXPRESSING INTEREST IN
PURCHASING THE RIVERSIDE PORTION OF AMERSAND BEACH PARK WHICH HAS BEEN
CLOSED TO THE PUBLIC, SHOULD THE BOARD DESIRE TO SELL IT.
IN DISCUSSION, COMMISSIONER SIEBERT STATED THAT HE WAS NOT
IN FAVOR OF SELLING THIS PROPERTY, AND COMMISSIONER DEESON ALSO EXPRESSED
HIS OPPOSITION TO SUCH A SALE.
CHAIRMAN WODTKE INSTRUCTED THE INTERGOVERNMENTAL COORDINATOR
TO WRITE MRS. FOGLIA AND INFORM HER THAT THE BOARD IS NOT INTERESTED
IN SELLING THIS PROPERTY AT THIS TIME.
THE BOARD NEXT DISCUSSED A REQUEST RECEIVED FROM CIRCUIT
JUDGE CHARLES E. SMITH, AS FOLLOWS:
CHARLES E. SMITH
CIRCUIT JUDGE
Qi91 S
*do of __Almib,
�1'iticeteez� Ju�iciixl tit
September 11, 1978
Mr. William Wodtke, Chairman
Board of County Commissioners
Indian River County Courthouse
Vero Beach, Florida 32960
Dear Bill:
1 ; -
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1•
224 COUNTY COURTHOUSE
VERO BEACH, FLA. 32960
PHONES (305) 562-7671
Beginning January 1, 1979, there will be'three
Circuit Judges handling criminal and civil cases in Indian
River County. At the present time, there are facilities.
in the courthouse for one resident judge and one visiting
judge. We will need an office and a hearing room for the
Additional judge. Would you provide this space as soon as
possible.
On a temporary basis, one of the judges could hold
hearings and most non -jury trials in the County Commissioners'
room. It is anticipated that at least one week per month
u would be needed for the additional hearing room. We would
need to reserve a definite time for this week so that ap-
pointments could be made.
We had previously advised Mr. Nelson of these needs
on June 30, 1978 in regard to the survey of facilities need
for the courthouse.
Yours truly,
C a�" Smith
N
SEP 2 01978
dam• PAU,
IN DISCUSSION, IT WAS NOTED THAT THIS COULD POSE A DIFFICULT
PROBLEM IF THE BOARD SHOULD HAVE TO HOLD A SPECIAL MEETING.
ATTORNEY COLLINS DID NOT FEEL IT WOULD CAUSE A GREAT BURDEN.
HE FELT THAT THE PERMISSION COULD BE GRANTED SUBJECT TO THE PRIORITY
OF THE BOARD.
THE BOARD DISCUSSED POSSIBLE USE OF THE COMMISSION MEETING
ROOM IN THE ADMINISTRATOR'S OFFICE, BUT THE ADMINISTRATOR NOTED THAT
HE IS IN THE PROCESS OF MOVING JACK FLINT AND AN ASSISTANT INTO THAT
ROOM NOW.
AFTER FURTHER DISCUSSION ON POSSIBLE LOCATIONS THAT COULD
BE USED FOR .JUDGE SMITH'S PURPOSES, CHAIRMAN SIEBERT VOLUNTEERED TO
WORK WITH THE ADMINISTRATOR ON THIS MATTER AND DISCUSS IT WITH CIRCUIT
JUDGE SMITH.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN'S SIGNATURE ON THE
1978-79 APPLICATION AND AGREEMENT WITH THE DIVISION OF LIBRARY
SERVICES FOR STATE AID TO LIBRARIES,
SEP 2 1978
N
FLORIDA DEPARTMENT OF STATE
DIVISION OF LIBRARY SERVICES
APPLICATION AND AGREEMENT FOR
STATE AID TO LIBRARIES
The Board of County Commissioners of INDIAN RIVER
County hereby applies to the Division of Library Services of the Florida
Department of State for an operating grant for public library service as
authorized under Chapter 257, Florida Statutes, for the _fiscal year begin-
ning October 1, 1978, and ending September 30, 1979.
We certify that the following amounts were expended for the operation
of public library service during the fiscal year ending
September 30, 1977.
Local Expenditures,
October 1, 1976 — September 30, 1977 ............. $ 140,442.10
Less, State Aid (RECEIVED) ............. $ 5,147.00
Less, LSCA Program Grants (RECEIVED) ............... $ 15,000.00
Less, Any Funds Not Expended Centrally ............. $
Total Local Expenditures Qualified for Matching .... $120,295.10
We certify that the following amounts, exclusive of federal and state
grants, will be available and expended for public library use during fiscal
s
year 1978-1979.
County Appropriations (County funds from local.
sources only) ................................... $ 79,500.00
*City Appropriations tCIty funds from local
sources only) .........:.......................... $ -0 -
Other (specify) ,Gifts...entals ..Fines.. ..... $ 3G,100.00
PIemorials. Co-oier..Book- Sales
...... .......................
*Affidavit from each city providing funds optional..
TOTAL $ 115, 600.00
This library service is provided through contracts with the following
cities and counties:
The yield of a one mill tax in this county is NIA
0:1
79-A1
Ju ME213
The Applicant agrees to expend any grant(s) awarded pursuant to this
Application and Agreement in full compliance with the terms and conditions
of Chapter 257, Florida Statutes, and Chapter 16-2, Florida Administrative
Code, relating to county free public libraries and the State Library, which
Chapters are incorporated by reference as part of this Application and
Agreement and attached hereto.
Clerk of the CircUt Court airman,
INDIAN RIVER County
Board pf Cou-n-t—y-C-Om—M—issioners
ate
The Division of Library Services of the Florida Department of State
acknowledges receipt of the aforegoing Application and hereby approves said
Application for grant(s) in the total amount of $ dated this
day of 1978, at Tallahassee, Florida.
Attest:
MARRATT WILKINS-, DIRECT R
Division of Library Services
Florida Department of State
SEP 2 01978
CHAIRMAN WODTKE REVIEWED WITH THE BOARD THE CONTRACT WITH
THE DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES FOR FUNDS FOR THE
MEDICAL EXAMINER. HE NOTED THAT DR. SCHOFIELD HAS ALREADY SIGNED THIS
AND THE CONTRACT ACTUALLY RUNS FROM .JULY 1, 1078 UNTIL .JUNE 30, 1979.
HE FURTHER NOTED THAT THE COVERING LETTER FROM THE DHRS ACCOMPANYING
THIS CONTRACT IS DATED AUGUST 28, 1978.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN THE
CONTRACT WITH DHRS RELATIVE TO SERVICES PERFORMED BY THE MEDICAL
EXAMINER.
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SEP 2 01978
'Aju F.AcEU5
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Contract
State of Florida
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
MEDICAL EXAMINERS'COMMISSION
AND
INDIAN RIVER COUNTY
This contract entered into effect the
Is' day of 3�1Y , 7978 between the State
Florida,Department of Health and Rehabilitive Services, Medical Examiners' Commission,
represented by the officers executing this c "
of p contract and hereafter styled by the COMMISSION ,
and the Indian River County Board of County Commissioners, represented by the officer(s)
executing this contract and hereafter styled the "COUNTY".
Any reference rents in this contract to "Districts shall mean Medical Examiner Districts
as established by the Medical Examiners' Commission.
WITNESSETH:
WHEREAS, the COMMISSION has been empowered to administer funds for the continued
improvement and upgrading of Medical Examiner Services by Chapters 20.19 and 406, Florida
Statutes; and,
WHEREAS, the COUNTY provides all services and facilities as deemed necessary to
carry out the intent of Chapter 406, F.S.
NOW THEREFORE, in consideration of the mutual understanding and the.provisions,
terms, and conditions hereafter set forth, the COMMISSION and the COUNTYmutually
agree to the following:
1.. The COUNTY agrees to:
Improve the service delivery capability and the quality of Medical Examiners' Service,
1.1 Coordinate with the District Medical Examiner in developing a budget for
essential services, salaries, equipment, buildings, transportation,
investigations, autopsies, toxicology, laboratory services and administrative
costs related to the Medical Examiner Services Program.
1.2 In the event that an examination or autopsy -is performed by the district
medical examiner or his associate upon a body when the death occurred
outside of his district, the governmental body requesting the examination
or autopsy shall pay the fee for such services.
1.3 When a body is transported to the district, transportation cgsts, if any,
shall be borne -by the, county in which the death occurred
1.4 Budget funds paid under this contract for the sole purpose.of augmenting,
supporting, and improving the District Medical7xaminer Services -Program
of this district.
ti 1.5 Budget these funds for improving fees for service, salaries, equipment,
buildings, transportation, investigations, autopsies, toxicology,
laboratory services, and other expenses related to Medical Examiner
Services only.
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36 mcE216
L_- SEP 2 01978. '
1
1.8
Pay from the general funds or any other funds under the control of
the Board of County Commissioners except those by terms of this contract,
for routine and ordinary fees, salaries, and expenses of the District
Medical Examiner.
Provide the COMMISSION quarterly reports identifying total funds expended
or encumbered for Medical Examiner Services on forms provided by the
COMMISSION (Exhibit A) specifying:
a. - Salaries and/or Fees for Service
b. Transportation
C. Facilities and Equipment
d. Administrative Costs
e. Other Related Expenses
These reports are due the last day of the month in September, December,
-March, June. A final financial status report is due 45 days from the
termination date of this contract.
Return of Funds:
Any funds, or part thereof, not expended for the aforementioned services
shall be considered COMMISSION funds, and shall be returned to the
COMMISSION. Any funds improperly expended in violation of this contract
or state requirements, or any funds incorrectly expended shall be returned
in full to the COMMISSION.
Comply with Title VI and VII, Civil Rights Act of 1964:
a. That there will be no discrimination against any employee or persons
served on account of race, color, sex, religious background, ancestry
or national origin, in the performance of the Contract.
b. That the COUNTY shall comply with Title VI of the Civil Rights Act
of 1964 (42 USC 2000d) in regard to persons served.
c. That the COUNTY shall comply with Title VII of the Civil Rights Act
of 1964 in regard to employees or applicants for employment
d. That the COUNTY shall comply with Executive Order No. 11246, entitled,
"Equal Eniployment Opportunity", as supplemented in Department of Labor
Regulations (41 CFR Part 60).
e. - It is expressly understood that upon receipt.of evidence of such
discrimination, the COMMISSION shall have the right to terminate
this contract for breach of contract.
Com& with Federal Regulation -Concerning Non -Discrimination Because of
Mental and Physical Handicaps:
No otherwise qualified mentally or physically habdicapped individuals
shall,'solely by reason of his handicap, be excluded from the partici-
pation in, be denied benefits of, or be subjected to discrimination
under this Contract. The COUNTY agrees to take affirmative action
to employ, advance in employment, and otherwise treat qualified Nandi -
capped individuals without discrimination, based upon their physical
or mental handicap in all employment practices.
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2.
3.
ti
n
In the event of the COUNTY'S non-compliance with the requirements
of this clause, the Contract may be terminated or suspended in.
whole or in part.
1.11 Indemnification:
The COUNTY shall act as an independent contractor and not as an employee
of the COMMISSION in operating the aforementioned services. The COUNTY
shall be liable, and agree to be liable for, and shall idemnify and defend
the COMMISSION- from damages; including attorney's fees at all stages of
litigation, arising from the operation of the aforementioned services
during the course of the Contract to the extent permitted by Florida Law.
1.12 Monitoring:
Permit the COMMISSION and other authorized state personnel to monitor the
*activities of the COUNTY, in accordance with applicable state regulations
and policies. This monitoring may take the form of report audits, interviews
with the COUNTY, or any other form deemed necessary by the COMMISSION to be
appropriate for proper management and•review of activities performed under
this contract. The COUNTY will provide access to, or furnish whatever
information is necessary to effect this monitoring.
1.13 Retention of Records:
Retain all financial records, supporting documents, statistical records,
and any other documents pertinent to this contract for a period of three
(3) years after starting date of the applicable retention period, or if
audit findings have not been resolved at the end of five (5) year period,
the records shall be retained until resolution of the audit findings.
Persons duly authorized by the COMMISSION shall have full access to, and
the right to examine any of said materials during contract period.
The COMMISSION agrees to:
2.1 Pay the COUNTY a total sum of Seven Thousand Nine Hundred Eighty One Dollars
($ 7,981.00 ).
2.2 Payment will be made quarterly upon receipt and approval of the required
expenditure reports.
The COUNTY and COMMISSION mutually agree:
3.1 This Contract shall become effective on :T0 y I 1978.
3.2 This Contract shall terminate on June 30, 1979.
3.3 This Contract is subject to the availability of funds and the determination
as to such availability rests- solely with the COPMIISSION. If funds become
unavailable, the COMMISSION may terminate this contract on 24 hours notice.
3.4 This Contract may be terminated by either party with or without cause
providing at least thirty (30) days notice is given to the other party.
Such notice may be by regular mail, in person, or by telegram and shall
be effective upon receipt.
SEP 2 01978
36 aa
3
3.5 Any alterations, variations, modifications or waivers of provisions of
this -Contract shall only be valid when they have been reduced to writing,
duly signed and attached to the original of this Contract. The parties
agree to renegotiate this Contract if state revision of any applicable
laws or regulations make changes in this Contract necessary.
3.6 This Contract contains all *the terms and conditions agreed upon by the
parties. Al} items incorporated by references are physically attached.
No other agreements, oral or otherwise, regarding the subject matter of
this Contract, shall be deemed to exist or to bind any of the parties
hereto.
IN WITNESS i•1HEREUAON, the parties have caused this four page Contract to
be executed by their undersigned officials as duly authorized.
Attest: State of Florida, Department of Health
and Rehabilitative Services
Date: TAW -OR
Assistant Secretary for Operations
Attest:
Date:
-Attest:
vvwda 6,.el 4,
Freda ldrig Clerk IJilliam C. t?odtke, jr.4' j hairman
Rna-ml of cmint�i rnmmi GGi nn s
Date: September 20, 1978 Indian River County, Florida
District Medical Examiner
Attest: .
Date:
d
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A
36
AWJL�
THE ADMINISTRATOR INFORMED THE BOARD THAT HE HAS RECEIVED
A LETTER FROM SUPERINTENDENT MCCLURE REQUESTING THE COUNTY'S ASSISTANCE
AS FOLLOWS:
Iola SCHOOL DISTRICT OF INDIAN RIVER COUNTY SCHOOL BOARD
142619th Street . P. 0. Box 2648 . Vero Beach. Florida 32960 JOE N. IDLETTE. JR.
Chairman
Telephone (305) 567. 7165 RICHARD A. BOLINGER
WILLIAM H. McCLURE. Superintendent Vice Chairman
1 1S 17 RUTH R. BARNES
GARY W. I
DOROTHY A.TALBERT
-" b
September -8, 1978 - %Q J� N
CO C. 5 n;
Mr. Jack Jennings, Administrator
Indian River County Courthouse
2145 14th Avenue
Vero Beach, Florida
Dear Mr. Jennings:
The Indian River County School Board is constructing a base-
ball field on the southwest corner of the Vero Beach Senior
Sigh School site. Mr. Charlie Price will be clearing some
small trees and palmettoes from this area and we will appreciate
it very much if the county can haul debris to the dump. A
parent committee is working with the School Board in providing
the necessary funding and many donations are being made by
citizens so that this particular park can be one of the finest
in the state. r
Your usual cooperation in this endeavor will be appreciated.
Sincerely,
William H. McClure
Superintendent
THE ADMINISTRATOR STATED THAT HE DID NOT KNOW HOW MUCH OF
AN AREA WAS INVOLVED, BUT HAS CHECKED WITH THE CONTRACTOR AND NOW
ESTIMATES THAT THIS WOULD INVOLVE 35-40 TEN TON TRUCKLOADS. HE
NOTED THAT THIS VIOULD.AMOUNT TO A CONSIDERABLE COST, WHEN YOU
TOTALED UP THE LANDFILL FEES PLUS THE COSTS FOR•LOADING AND HAULING.
COMMISSIONER SCHMUCKER FELT THE BOARD IS GENERALLY IN FAVOR
OF BUILDING A BALL PARK, BUT WOULD LIKE TO -FIGURE OUT THE CHEAPEST WAY
TO DO IT.
16
CHAIRMAN WODTKE STATED THAT HIS FEELING IS THAT WHATEVER GOES
IN THE LANDFILL MUST BE PAID FOR, BUT CONTINUED THAT HE IS WILLING TO
WORK WITH THE SCHOOL BOARD AND SEE -WHAT CAN BE DONE TO HELP IN THIS
MATTER.
ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT
BILL COOK, SUPERINTENDENT AT HOBART-KIWANIS-PARK, HAS REQUESTED THAT
LIGHTS BE PUT IN THE PAVILION AS THEY HAVE HAD SPECIAL ACTIVITIES AT
NIGHT THAT REQUIRE LIGHTS IN THE PAVILION AREA. MR. NELSON STATED
THAT HE HAS CHECKED WITH THE KIWANIS CLUB AND THEY ARE IN FAVOR OF
THIS. HE CONTINUED THAT HE HAS GOTTEN SOME PROPOSALS AND THE LOWEST
IS AROUND $900 FOR THE COMPLETE INSTALLATION, INCLUDING POLES, WIRING,
RECEPTACLES, ETC.
COMMISSIONER SIEBERT ASKED WHAT KIND OF ACTIVITIES HAVE
BEEN SCHEDULED AT NIGHT AS HE HAD FELT THE PARK CLOSES AT SUNDOWN.
SIR. NELSON STATED THAT HE BELIEVED SOME SPECIAL ACTIVITIES
WERE ALLOWED AND THAT IT IS COVERED IN THE PARK REGULATIONS. MR.
COOK, THE SUPERINTENDENT IS RESPONSIBLE FOR SCHEDULING -THE ACTIVITIES.
ADMINISTRATOR ,JENNINGS FELT THAT SPECIAL EVENTS SHOULD BE
BROUGHT TO THE BOARD'S ATTENTION, AND THE BOARD AGREED THAT THEY WOULD
LIKE FURTHER INFORMATION BEFORE REACHING ANY DECISION ON THIS MATTER.
EDWARD BEGAN, DIRECTOR OF THE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM, REPORTED TO THE BOARD ON THE PROGRESS OF THE TENNIS
COURTS AT THE GIFFORD PARK. HE INFORMED THEM THAT THE GIFFORD
PROGRESSIVE CIVIC LEAGUE HAS RUN INTO PROBLEMS WITH THE LIMEROCK
THEY ORDERED FROM RINKER AND WHICH HAS BEEN SPREAD ON THE COURTS, AS
I'S SET OUT IN LETTER FROM DALE WEHR DATED SEPTEMBER 15TH:
17
BOOK 3u PA-uC
SEP 20197
c
GIFFORD PROGRESSIVE CIVIC LEAGUE
2420 45th Street
Gifford, Florida 32960
September 15, 1978
Mr. Ed Regan
2121.14th Avenue
Vero Beach, Florida 32960
Dear Ed: e
Relating to our conversation' of the past few days regarding•
the lime rock supplied by Rinker Materials Corp. of Vero for the
tennis court base, we are both aware that the material supplied
by them is not the type used for its construction and arrangements
lire being made to have this material. replaced with#3 lime rock
or shell* for the base. ,
In order to keep the financial loss to the Gifford Progressive
Civic League to a minimal amount so that we can complete this
project, we are arranging the sale of the rock to a local firm.
We have -a tacit agreement with Rinker to make up a portion of the
difference in cost in correcting this problem.
We would appreciate it if the County would supply us with a
grader to push the present lime rock to one end of the tennis court
in order that the proper 743 rock or shell can be placed on the
earl.• = .
#9
The firm that is willing to purchase the ail -•rock -from us,
in order to help us alleviate our problem, is willing to do their
own trucking. However, they do not have loading equipment to
put the rock on the truck.
Therefore, we respectfully request assistance from the County
in the form of a grader anda front end loader so that our problem
Can be corrected and the project completed satisfactorily to
the County.
Very m y yours,
Dale Wehr
` Project.Director
MR. REGAN POINTED OUT THAT THE #9 LIME ROCK THAT WAS
SUPPLIED DOES NOT COMPACT WELL, AND HE AGREED IT WOULD BE BEST TO
REMOVE THIS FROM THE COURTS.
ATTORNEY COLLINS ASKED WHO PLACED -THE ORDER FOR THE LIMEROCK
WITH RINKER, AND MR. WEHR STATED THAT HE TOLD RINKER OVER THE TELEPHONE
WHAT WAS NEEDED, AND LEFT IT TO THEIR DISCRETION. HE STATED THAT THEY
ARE NOT ABLE TO SUPPLY THE #3 ROCK THAT IS NEEDED, BUT THEY ARE WILLING
TO MAKE UP FOR PART 0P THE LOSS INCURRED IN REMOVAL OF THE IMPROPER
18
36 -PACE 222
ROCK. MR. WEHR CONTINUED THAT HE HAS ARRANGED WITH .JOHN TROGDLEN
TO BRING IN SHELL WHEN THE LIMEROCK IS REMOVED, AND IF THE LIMEROCK
CAN BE REMOVED, THEY CAN COMPLETE THE COURTS NEXT WEEK. HE NOTED
THAT SHELL WAS USED ON THE WABASSO TENNIS COURTS.
ADMINISTRATOR .JENNINGS ASKED THAT THE RECORD SHOW THAT THE
COUNTY DID ALL THE WORK THEY AGREED TO DO, INCLUDING THE PREPARATION
AND GRADING OF THE MARL BASE, AND SPREADING OF THE LIMEROCK, AND
THEN WERE INFORMED THAT,IT WAS THE WRONG LIMEROCK. HE WANTED IT
UNDERSTOOD THAT THIS IS NOT THE COUNTY'S OPERATION OR SYSTEM OF
BUILDING THINGS. HE NOTED THAT HIS DEPARTMENT COULD COOPERATE ONCE
MORE IN REMOVING THE LIMEROCK, BUT POINTED OUT HOW MUCH IT COSTS TO
RUN COUNTY EQUIPMENT UP THERE TIME AFTER TIME AND FURTHER NOTED THAT
AFTER REMOVING THE LIMEROCK, THE BASE WOULD HAVE TO BE REGRADED.
THE BOARD DISCUSSED THE ADVISABILITY OF USING SHELL INSTEAD
OF THE PROPER GRADE OF LIMEROCK, AND ALSO QUESTIONED WHY THE CONTRACTOR
PURCHASING THE #9 LIMEROCK COULDN'T TAKE CARE OF LOADING IT OR WHY
THE MEN WORKING THERE COULDN'T DO THE LOADING.
MR. WEHR STATED THAT THEY ARE TRYING TO SAVE MONEY AND NOTED
THAT THERE IS ZOO TONS OF LIMEROCK WHICH WOULD BE TOO MUCH FOR THE
MEN TO HANDLE,
CHAIRMAN VIODTKE ESTIMATED THAT MR. WEHR WOULD BE ABLE TO
RECOVER ONLY ABOUT $900 ON THE ROCK AFTER SPENDING $2,000 FOR IT,
AND MR, WEHR NOTED THAT HE HAS ASKED RINKER-TO MAKE UP THE
DIFFERENTIAL ON THE LOSS.
IN FURTHER DISCUSSION, IT WAS NOTED THAT NO CONTRACTS WERE
LET ON THIS PROJECT, NO PROCEDURES ESTABLISHED, AND THAT IT WAS DONE
IN AN ENTIRELY DISORGANIZED MANNER. IT WAS AGREED,.HOWEVER, THAT THE
ROCK MUST BE REMOVED,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO REMOVE
b THE LIMEROCK AS REQUESTED AND LOAD IT ON THE TRUCKS OF THE PURCHASER.
COMMISSIONER SIEBERT STATED THAT HE WOULD LIKE IT UNDERSTOOD
THAT THIS IS THE END OF THE COUNTY'S PARTICIPATION IN THIS PROJECT.
19
L_ SEP 2 01918
am 36 em E 223
THE HOUR OF I0:00 O'CLOCK A.P. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED,
TO—WIT:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF IRIDIAN 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 ^e5 1 1,l
in the Count, was pub -
fished in said newspaper in the issues of figr
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.
tisereent; 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
n n I (Busjpe* Manager)
(SEAQ
(Clerk of the Circuit Court, Indian Rivfi,/County, Florida)
NOTICE
NOTICE IS HEREBY GIVEN that the Board
of County Commissioners of Indian River
County, Florida, will hold a public hearing on
September 200978, at 10:00 o'clock a.m. in the
County Commission Chambers of the Indian
River County Courthouse to consider the
adoption of:
An Amendment to Indian River County
Ordinance 71-3, Section 25 0(2), Storage of
Trailers and Campers; said Amendment shall
provide for definition of recreational vehicles,
conditions for parking boats and recreational
vehicles, penalty clause and an effective date.
Board of County Commissioners of
Indian River County, Florida
By: -s -William C. WodtkeJr.,
Chairman
July 30.1970.
CHAIRMAN WODTKE FELT THAT BASICALLY THIS AMENDMENT CONCERNS
A LIMITATION IN THE SIZE OF THE RECREATIONAL VEHICLE STORED.
ATTORNEY COLLINS STATED THAT HE HAD DISCUSSED THIS WITH
PLANNING DIRECTOR REDICK, WHO DID NOT FEEL THAT THE LENGTH OF THE
o VEHICLE SHOULD BE THE DETERMING FACTOR, BASICALLY THE PURPOSE OF THE
AMENDMENT TS TO RESTRICT IN CERTAIN CIRCUMSTANCES THE LOCATION OF BOATS,
TRAILERS, CAMPERS, ETC., ON A HOME OWNER'S PROPERTY; TO RESTRICT
THE USE OF THESE VEHICLES WHILE BEING STORED; AND ALSO TO LIMIT THE
NUMBER OF VEHICLES THAT CAN BE PARKED IN THE FRONT YARD,
20
Box 36 PAfE224
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD.
RICHARD LAMBERTH OF 3276 ARBOR OAKS LANE, STATED THAT HE
BELIEVES HE IS THE ONLY ONE IN THE COUNTY HAVING RECREATION VEHICLES
AVAILABLE FOR RENTAL PURPOSES, AND HE FELT THE WORD "STORAGE" BRINGS
UP A LOT OF QUESTIONS. MR. LAMBERTH NOTED THAT IF YOU DRIVE AROUND
THE COUNTY, YOU WILL FIND RECREATIONAL VEHICLES PARKED EVERYWHERE,
IN FRONT DRIVEWAYS, ETC., AND THE WHOLE IDEA IS STORAGE. HE
QUESTIONED IF IT IS LEGAL FOR AN ORDINANCE TO RESTRICT THE USE OF
A PROPERLY LICENSED VEHICLE. HE FELT ANOTHER THING THAT SHOULD BE
CONSIDERED IS THE NUMBER OF THE VEHICLES BECAUSE MANY PEOPLE MAY HAVE
A DUNE BUGGY AS WELL AS A BOAT AND A CAMPER, AND LIMITING THEM TO ONE
UNIT MIGHT CREATE A HARDSHIP. MR. LAMBERTH INFORMED THE BOARD THAT
HE HAD TO BUY A SPECIAL LOT TO PUT HIS VEHICLES ON, AND IS NOT EVEN
ALLOWED TO PARK HIS OWN OVERNIGHT AT HIS OWN HOUSE, WHICH HE DOES
NOT FEEL IS FAIR.
COMMISSIONER SIEBERT AGREED THAT MANY PEOPLE HAVE BOATS AS
WELL AS CAMPERS, AND FURTHER NOTED THAT MANY PEOPLE HAVE RECREATIONAL
VANS WHICH THEY USE ON A DAILY BASIS.
ATTORNEY COLLINS FELT THE ORDINANCE IS AIMED AT STORING RATHER
THAN USING ON A DAILY BASIS.
PLANNING DIRECTOR REDICK NOTED THAT THERE IS A SECTION IN THE
EXISTING ORDINANCE THAT ALREADY DOES MOST OF THE THINGS THAT ARE IN
THE ORDINANCE NOW PRESENTED. HE POINTED OUT THAT THIS AMENDMENT WOULD
ALLOW ONE BOAT OR RECREATIONAL VEHICLE PER LOT, PARKED ONLY IN REAR
YARDS. HE FELT ONE OF THE MAIN POINTS IS THE DEFINITION OF THE
TRANSIENT RECREATIONAL VEHICLES, WHICH DOES NOT INCLUDE SUCH THINGS
AS DUNE BUGGIES. MR. REDICK NOTED THAT BOATS ARE NOT INCLUDED IN
THE DEFINITION, AND THE STORAGE OF BOATS CAME IN BECAUSE IT IS IN
THE EXISITING ORDINANCE. HE FELT POSSIBLY THE WORDS "AND BOATS"
COULD BE ELIMINATED.
b COMMISSIONER SIEBERT FELT THE ORIGINAL ORDINANCE WAS WRITTEN
PRIOR TO THE PROLIFERATION OF RECREATIONAL VANS WHICH ARE USED FOR
TRANSPORTATION.
21
SEP 2 0 1978
BOOK 1 PAGE 225
CHAIRMAN WODTKE DISCUSSED PROHIBITING ANY ELECTRICAL HOOK-UP
WHILE SUCH VEHICLES ARE BEING STORED.
PLANNING DIRECTOR REDICK STATED THAT THEY FELT IT WOULD BE
UNREASONABLE TO SAY A PERSON COULD NOT WORK ON HIS RECREATIONAL VEHICLE
ON HIS OWN PROPERTY AND FELT THAT THE ORDINANCE SHOULD JUST SET OUT
THAT IT SHALL NOT BE USED FOR ANY RESIDENTIAL OR HOUSEKEEPING PURPOSES.
DISCUSSION FOLLOWED AS TO THE TIME LIMITATIONS AND DEFINITION
OF THE WORD 0STORAGE,`t AND CHAIRMAN WODTKE SUGGESTED THAT THE WORD
"PARKING" BE LEFT OUT OF THE ORDINANCE.
COMMISSIONER LOY ASKED WHAT MOST OF THE COMPLAINTS ABOUT
MISUSE OF THE PRESENT REGULATIONS HAVE PERTAINED TO.
PLANNING DIRECTOR REDICK WAS NOT SURE, BUT FELT THAT THE
REQUIREMENT THAT ANY STORED VEHICLE HAVE A'CURRENT LICENSE IS MOST
IMPORTANT, IN ORDER TO BE ABLE TO DETERMINE WHETHER THEY ARE ABANDONED
VEHICLES. HE FELT THE MAIN PROBLEMS ARE IN THE RESIDENTIAL DISTRICTS.
CHAIRMAN WODTKE AGAIN EXPRESSED CONCERN ABOUT THE LIMITATION
OF THE SIZE OF SUCH VEHICLES, AND AFTER SOME DISCUSSION, IT WAS
DECIDED TO MAKE THE CUT OFF POINT 32 FEET.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY CONTINUED THE PUBLIC HEARING ON AN
AMENDMENT TO ORDINANCE 71-3 IN REGARD TO THE RECREATIONAL VEHICLE
SECTION,UNTIL OCTOBER 4, 1978, AT 9:00 A.M.
THE HOUR OF 11:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED,
TO -WIT:
22
MOK du pra 226
7-
1
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
in the matter of ��-�° /
in the Court, was pub-
' Iished in said newspaper in the issues of 19 7 S'
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-
tisen:ent; 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.
41
Sworn to and subscribed before me this . La day-qf. A.D. / •t
(SEAL)
(Clerk of the Circuit Court, I
NOTICE
iNOTICE IS HEREBY GIVEN that
&LORIDA MOBILE HOME COMMUNITIES,'
=NC., a Florida corporation, will appear before
fte Board of County Commissioners of Indian
diver County at its regular meeting in the
■ounty Courthouse of said County at 11:00
ielock A.M., September 20, 1978, at which
me and place the County Commissioners will
ear the application of FLORIDA MOBILE
TOME COMMUNITIES, INC., for approval of
assignment of that certain water and sewer
ranchise known as "Village Green Water and
pRewar Franchise," by Resolution dated
JNovember 21, 1973, being Resolution No. 73.82.
The legal description of the areas embraced by
the existing franchise is as follows:
Legal Description: Tracts 4 and 5, Section 6,
Township 33 South, Range 39 East, acedrding
to the last general plat of lands of Indian River
Farms Company filed in the office of the Clerk
of the Circuit Court of St. Lucie County,
Florida, in Plat Book 2 at page 25; said land
now situate, lying and being in Indian River
County, Florida; LESS road right of way.
Florida Mobile Home
Communities, Inc.
By: -s -Donald W. Freeman, President
Sept. 10, 1978.
ATTORNEYS DLOCK AND JACKSON CAME BEFORE THE BOARD, REPRESENTING
FLORIDA MOBILE HOME COMMUNITIES, INC., AND EARL GROTH AND C. REED KNIGHT,
OWNERS OF VILLAGE GREEN WATER AND SEWER FRANCHISE, RESPECTIVELY.
ATTORNEY BLOCK SUBMITTED A LETTER REQUESTING THAT THE BOARD CONSIDER
TRANSFERRING THE VILLAGE GREEN FRANCHISE TO FLORIDA MOBILE HOME
COMMUNITIES, INC. HE FURTHER SUBMITTED FINANCIAL STATEMENTS OF THE
COMPANY AND ALSO THAT OF DONALD FREEMAN, WHO IS SOLE OWNER OF THE
COMPANY AND WHO WILL PERSONALLY GUARANTEE THE FINANCIAL RESPONSIBILITIES
OF FLORIDA HOME COMMUNITIES, INC. HE NOTED THAT THE FRANCHISE APPLIES
ONLY TO TRACTS 4 AND 5, WHICH IS CONSIDERED VILLAGE GREEN MOBILE HOME
v
PARK.
CHAIRMAN WODTKE ASKED IT IT IS•CORRECT TO ASSUME THAT VILLAGE
GREEN IS BEING SOLD, AND ATTORNEY BLOCK STATED THAT IT IS, AND THE
FRANCHISE IS PART OF THE TOTAL PROJECT. HE REPRESENTS THE PURCHASER.
23
SEP 2 0 1910
max *. 36 PAcE 227
u
M.
ATTORNEY COLLINS ASKED IF ATTORNEY BLOCK'S CLIENT HAS ANY
OBJECTION TO THE PROVISION THAT IF THE COUNTY IS EVER IN A POSITION
TO GIVE SERVICE, THE DISTRIBUTION LINES WILL BE TURNED OVER TO THE
COUNTY AT NO COST.
ATTORNEY BLOCK STATED THAT THEY UNDERSTAND AND HAVE NO
OBJECTION TO TURNING OVER THE LINES, NOT THE PLANT. HE CONTINUED
THAT MR. BEINDORF WILL CONTINUE AS THE ENGINEER AND THEY WILL HAVE
THE SAME CERTIFIED OPERATOR - EVERYTHING WILL BASICALLY STAY INTACT.
COMMISSIONER SIEBERT ASKED IF THE APPLICANT WILL GUARANTEE
THE FRANCHISE AS WELL AS THE CORPORATION, AND ATTORNEY BLOCK STATED THAT
HE WOULD IF THE BOARD REQUIRES IT, THOUGH HE MIGHT WANT TO BE RELEASED
AT A LATER DATE.
IT WAS FELT THAT THE PERSONAL 'GUARANTEE WOULD BE REQUIRED,
AND APPROPRIATE WORDING SHOULD BE INSERTED IN THE FRANCHISE.
CHAIRMAN l'!ODTKE INQUIRED WHETHER THE COST OF THE TRANSFER OF
THE SYSTEM WOULD BE AMORTIZED TO THE CUSTOMERS, AND BOTH ATTORNEYS
STATED THAT NO COSTS HAD BEEN SPLIT OUT,
CHAIRMAN VIODTKE ASKED IF ANYONE PRESENT WISHED TO BE HEARD.
THERE WERE NONE.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 78-65 APPROVING THE
TRANSFER OF THE VILLAGE GREEN 'WATER AND SEWER FRANCHISE TO FLORIDA MOBILE
HOME COMMUNITIES, INC., SUBJECT TO REVISION OF THE WORDING AND APPROVAL
BY THE COUNTY ATTORNEY TO PROVIDE THAT DONALD FREEMAN GUARANTEE THE
FRANCHISE AS WELL AS THE CORPORATION.
RESOLUTION 75-65 AND FINANCIAL RECORDS ARE HEREBY MADE A
PART OF THE MINUTES.
24
�wox :26 * PA6E 2 c,
RESOLUTION NO'.* 78 '- 65
WHEREAS, this Board heretofore did grant a water and sewer
franchise to Earl Groth and C. Reed Knight, said franchise being
known as the Village Green -Water and Sewer Franchise, and
WHEREAS, pursuant to Section 13 of said franchise, a request
was received for transfer and assignment of said franchise to
Florida Mobile Home Communities, Inc., and
WHEREAS, publication of a Notice of Public Hearing was duly
made, and
WHEREAS, this Board did on September 20, 1978 hold a public
hearing;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that.the water and
sewer franchise previously issued to Earl Groth and C. Reed Knight
is hereby transferred to Florida Mobile Home Communities, Inc.,
and said water and sewer franchise shall include the following
terms:
The franchise and rights herein granted shall take effect and
be in force from and after the time of the adoption of this reso-
lution by the Board and shall continue in force and effect until
such time as the County may install or acquire its own sewage
collection and treatment system and/or.water supply and dis-
tribution system and supplies the same to individual customers
at which time, the owner will convey all of its water and/or
sewer facilities (except for sewer treatment plant, water plant
and plant sites) and easements for location of same as owners
may own, free and clear of all liens or mortgages, to said
County, without charge.
BOARD OF COUNTY COMMTSSIONERS.OF
INDIAN RIVER COUNTY, ''LORIDA
BY - W,__ K eW14
ATTEST ^ h e gn _ U )ht ,
A'CCR'PTANM
The undersigned hereby accepts the foregoing Resolution and
the Franchise, transferred by this Resolution and for themselves,
their successors and assigns,'do hereby convenant and agree to
comply with and abide by all of the items, conditions and pro-
visions set forth in said Franchise as amended,
m DATED this Z/ day of September, 1978,
FLORIDA MOBILE HOME
/COMMUNITIES, INC.
BY
President
Individually: `` .//
W,
Dona19 W. Fre man
�oox 36 PAGE 229
SEP 2 01978
w
FLORIDA MOBILE HOME COMMUNITIES, INC.
13026 Nevada Street
Coral Gables, Florida 33156
BALANCE SHEET AS OF AUGUST 31, 1978
ASSETS
Option to acquire Village Green Mobile
HomePark--------------------------------------------$ 40.000.00
Other costs associated with proposed
acquistion of Village Green Park - to
be capitalized------------------------------------- 37,000.00
TOTAL ASSETS-----------------------------------------$ 77,000.00
LIABILITIES AND NET WORTH
Notes payable to Stockholder--------------------------$ 40,000.00
Common Stock----------------------------------------- 37,000.00
TOTAL LIABILITIES & NET WORTH ---------------------- $ 77,000.00
• e
EXHIBIT B
DOOM au PAS �.*
DONALD W. & RUBY L. FREEMAN
BALANCE SHEET
AS OF MAY 31, . 1978
ASSETS
Cash (Sun Bank of Coral Gables)
$ 54,000
Marketable Securities --
138,600
6,300 Shares Ryder System, Inc. @22
62,500
Less Margin a/c loans
Net
76,100
100% of Equity in F & J Properties
Co. -(Balance Shaet attached)
194,000
Investments in and Receivables from James A.
Ryder Corporation and Affiliates (net of
$300,000 discount for early settlement)
500,000
Real Estate --
Personal Residence - 13026 Nevada St.,
Gables -by -the -Sea, Coral Gables, Florida
175,000
Water Front Lot in Punta Gorda Isles,
Punta Gorda, Florida
20,000
TOTAL ASSETS
1,019,100
LIABILITIES
Unsecured Bank Loans --
Ellis First Nat'l. Bank of Bradenton $ 9,000
Sun Bank of Coral Gables 10,000
6,000
$ 25,000
Community Bank of Homestead
Mortgage on Personal Residence
103,000
Mortgage on Punta Gorda Lot
5,000
Miscellaneous Other Debts
10,000
Total Liabilitied _
143,000
Net Worth
876,100
Total Liabilities and Net Worth r
$1,019,100
SEP 2 01978
SEP 2 01978
F & J PROPERTIES
BALANCE SHEET
MAX 31, 1978
ASSETS
Cash
$
4,000
- Apartment Building Land and Fixtures
at 2510 Pierce St., Hollywood, Florida,
at market
275,000
Apartment Building, Land and Fixtures
at 2247 Polk St., Hollywood, Florida,
at market
225,000
Total Assets
50 ,000
LIABILITIES
a c payable & Security Deposits
$
5,000
Unsecured Notes Payable --
Southeast First National Bank of Niami
20,000
Edwin C. James
16,000
Mortgages Payable --
2510 Pierce St. Property
139,000
2247 Polk St. Property
130,000
Total Liabilities
310,000
Partner's Capital
194,000
Total Liabilities & Partner's Capital
$
$04,000
SEP 2 01978
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMIS-
SIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN'S SIGNATURE
ON CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD FOR L.E.A.A. FUNDS
FOR THE YOUTH GUIDANCE VOLUNTEER PROGRAM.:
SEP 2 01978
.
29
3fi vXeZ33
J
• - cERTIPIcATION OF ACCEPTANCE OF SUDGRANT AWARD
-the subgrantee, through its authorized representative, acknowledges receipt and acceptance
of subgrant award number '78-A1-06-FG01 - in the amount
of $ 6,177 * , for a project entitled Youth Guidance Volunteer Program
for the period of October 1, 1978 to September 30, 1979 , in accordance with the
statement of work contained in the stibgrant application, and subject to the Bureau of
Criminal Justice's attached standard subgrant conditions governing subgrants, as well as
any attached special conditions.
Accepted for the Subgrantee:
CSevtenber 20, 1978
G o
(Signature of Authorized Officials (Date of Acceptance)
William -C. Wodtke, Jr., Chairman
(Typed Name and Title of Official
*REQUIRED_ MATCH
State General Revenue $ 34-1
hocal Hard Cash $,14,067
_ r
u
A `
M � •M
00 PAU 2:34
CHAIRMAN WODTKE NOTED THAT THERE ARE FOUR VACANCIES ON THE
BOARD OF DIRECTORS OF THE ECONOMIC OPPORTUNITIES COUNCIL, AND WE HAVE
NOW RECEIVED A REPLY FROM THE SCHOOL BOARD RECOMMENDING TWO APPOINTMENTS~
BARRY SESACK, PRINCIPAL OF DOUGLAS ELEMENTARY SCHOOL, -AND WALTER KOWALL,
DIRECTOR OF MAINTENANCE OPERATIONS AND TRANSPORTATION FOR THE SCHOOL
SYSTEMS. CHAIRMAN WODTKE RECOMMENDED THAT THE BOARD APPOINT JAMES
JENKINS AND RITA SAUERMAN AS THE REPRESENTATIVES FROM THE COUNTY.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 78-62, MAKING
APPOINTMENTS TO THE E.O.C. BOARD OF DIRECTORS AS DISCUSSED ABOVE.
THE RESOLUTION WILL BE MADE A PART OF THE MINUTES WHEN RE-
CEIVED.
CHAIRMAN WODTKE BROUGHT TO THE BOARDS ATTENTION THE REQUEST
OF NARK FALB, PRESIDENT OF RALMAR ASSOCIATES INCORPORATED, FOR A
DISCUSSION OF THE WATER TAP ALLOCATION SITUATION AS IT RELATES TO
THEIR TREASURE COVE SEWER PLANT. THE CHAIRMAN ASKED ATTORNEY COLLINS
TO REVIEW THE RELEASE OF THE WATER TAPS BY THE MOORINGS..
ATTORNEY COLLINS NOTED THAT, AS THE BOARD IS WELL AWARE, WE
HAVE DIFFERENCES WITH THE CITY IN REGARD TO INTERPRETATIONS OF THE
MOORINGS AGREEMENT AND CERTAIN OTHER AGREEMENTS THAT WERE ENTERED INTO
BETWEEN THE CITY AND THE COUNTY AT THE TIME THE CITY OBTAINED THE
GRANTS FOR THEIR WASTE WATER TREATMENT IMPROVEMENTS BACK IN 1973. IT
HAS COME DOWN TO THE POSITION THAT THE CITY, FOR VARIOUS REASONS,
DETERMINED THEY COULD NOT PROVIDE ADDITIONAL WATER SERVICE SOUTH OF THE
MOORINGS OR IN ANY AREAS WHERE PROPERTIES HAD NOT RESERVED WATER TAPS
PREVIOUS TO THE MOORINGS AGREEMENT. THE ATTORNEY NOTED THAT THE
COUNTY HAS PROBLEMS SOUTH OF THE MOORINGS IN THAT THERE ARE 25 EXISTING
RESIDENCES, MANY OF WHICH ARE CONFRONTED WITH SALT WATER INTRUSION.
FACED WITH THE FACT THAT THE CITY WOULD NOT -SERVE SOUTH OF.THE MOORINGS,
THE ONLY ALTERNATIVE AVAILABLE TO THE COUNTY WAS TO APPROACH THE
° MOORINGS, WHICH HAS, UNDER THE MOORINGS AGREEMENT, A NUMBER OF
RESERVATIONS FOR WATER TAPS FOR FUTURE DEVELOPMENT. THE ATTORNEY CONTINUED
THAT HE DID APPROACH THE MOORINGS AND REVIEWED WITH THEM THE PROBLEMS
THAT EXIST, AND THEY RECENTLY AGREED TO TAKE 31 WATER TAPS FROM THEIR
ALLOCATION AND TO GIVE THEM TO THE COUNTY FOR ALLOCATION BY THE COUNTY
31
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SEP 2 01978
r
IN CONJUNCTION WITH THE CITY. ATTORNEY COLLINS NOTED THAT SINCE WE
ALREADY HAVE 25 RESIDENCES SOUTH OF.THE MOORINGS, THIS LEAVES A BALANCE
OF 6 WATER TAPS. ATTORNEY COLLINS FELT THAT THE MOORINGS DESERVES
PUBLIC NOTICE OF THEIR GENEROUS ACTION, WHICH WAS DONE STRICTLY TO HELP
THE COUNTY.
ATTORNEY COLLINS CONTINUED THAT THE REALIZATION THAT THERE
WAS A SURPLUS OVER THE 25 PROMPTED SIR. FALB'S REQUEST. THE ATTORNEY
THEN NOTED THAT THERE ARE'TWO PACKAGE PLANTS INVOLVED IN THIS SITUATION
ONE IN RIVER RIDGE SUBDIVISION AND ONE CURRENTLY ACTIVE THAT SERVES
TEN COINS AND THE TREASURE COVE SUBDIVISIONS. SOMETIME AGO THE CITY
AGREED TO GIVE SEWER SERVICE TO PROPERTIES THAT RUN DOWN TO SEA GROVE,
AND A SEWER LINE WAS CONSTRUCTED DOWN TO SEA GROVE. THE DEVELOPMENTS
OF TREASURE COVE, RIVER RIDGE, AND TEN COINS, TRYING TO ELIMINATE THE
PACKAGE PLANTS, APPROACHED THE CITY ABOUT TYING INTO THE WATER LINE.
THE TIE-IN WAS PROPOSED TO BE SOMEWHERE AROUND THE DUNES, AND ONE OF THE
CONSIDERATIONS WAS THAT TREASURE COVE WOULD RECEIVE FOUR WATER TAPS.
WHEN THIS REACHED THE CITY AGENDA, ALTHOUGH IT HAD BEEN AGREED TO BY
THE CITY MANAGER, THE COUNCIL HAD PROBLEMS WITH THE WATER TAPS, AND
SINCE THEN THIS MATTER HAS BASICALLY LAID IN ABEYANCE. NOW SIR. FALB
IS REQUESTING FROM THE COUNTY THOSE FOUR WATER TAPS WHICH WOULD ALLOW
HIM TO TIE IN.
MR. FALB INFORMED THE BOARD THAT AT THIS POINT RALMAR IS
RESPONSIBLE FOR 35 SEWER CONNECTIONS IN THIS AREA. TWO OF THE WATER
TAPS ARE NEEDED FOR TREASURE COVE AND TWO FOR RIVER RIDGE.
CHAIRMAN WODTKE ASKED IF MR. FALB RECEIVED THE FOUR TAPS
WHETHER THE TWO SEWER PLANTS WOULD BE REMOVED AND ELIMINATED.
MR. FALB STATED THAT IS CORRECT; THAT THE ONE THAT IS OPERATING
.WOULD COME OUT OF SERVICE, AND THE ONE THAT IS NOT YET OPERATING WOULD
BE TIED INTO THE CITY SERVICE INSTEAD.
CHAIRMAN VODTKE ASKED IF MR, FALB HAS ANY INDICATION THAT
' THESE FOUR WATER TAPS WILL BE ACCEPTED BY THE CJTY, AND MR, FALB STATED
THAT HE DOES NOT KNOW IF THE CITY WILL ACCEPT THEM OR NOT AT THIS POINT.
COMMISSIONER SIEBERT FELT IT MAKES SENSE TO GET RID OF TWO
PACKAGE PLANTS, AND COMMISSIONER LAY NOTED THAT THE SEWER LINES ARE
32
SEP 2 01978
du pat- X36
THERE AND THE BOARD HAS MADE AN EFFORT TO GET RID OF THESE PLANTS. SHE
FELT THE SEWER LINES SHOULD CERTAINLY BE UTILIZED, AND IT APPEARS THROUGH
THE GENEROSITY OF THE MOORINGS THE BOARD DOES HAVE THE CAPABILITY OF
ASSISTING AND REMOVING THESE PACKAGE PLANTS.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY APPROVED THE REQUEST OF MARK FALB
REPRESENTING THE RALMAR ASSOCIATION FOR FOUR 5/8" WATER TAPS THAT HAVE
BEEN OUTLINED TO BE USED'IN TREASURE COVE AND RIVER RIDGE SUBDIVISIONS
SUBJECT TO THE CONCURRENCE OF THE CITY OF VERO BEACH.
CHAIRMAN WODTKE WILL INFORM THE CITY OF THIS ACTION, AND
SIR. FALB WILL PURSUE HIS APPLICATION TO THE CITY OF VERO BEACH.
ATTORNEY COLLINS INFORMED THE BOARD THAT BUILDING DIRECTOR,
ESTHER RYMER, HAS RECOMMENDED SEVERAL CHANGES TO THE BUILDING CODE
THAT NEED TO BE DONE BY ORDINANCE.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE A
PUBLIC HEARING ON AN ORDINANCE MAKING CHANGES IN THE BUILDING CODE
AS RECOMMENDED BY THE BUILDING DIRECTOR.
ADMINISTRATOR .KENNINGS INFORMED THE BOARD THAT HE ADVERTISED,
AS INSTRUCTED, FOR FIRMS WITH THE NECESSARY DISCIPLINES TO RENOVATE
THE HOSPITAL AND MAKE IT INTO AN OFFICE COMPLEX AND HAS NOW RECEIVED
15 LETTERS OF INTEREST FROM VERY GOOD FIRMS. HE CONTINUED THAT HE,
ASSISTANT ADMINISTRATOR NELSON, AND COMMISSIONER SCHMUCKER, HAVE
REVIEWED THESE LETTERS AND SELECTED FOUR FLORIDA -ORIENTED FIRMS FOR
THE BOARD TO INTERVIEW. HE STATED THAT HE WILL CONTACT THE FIRMS AND
ASK THEM -TO HAVE A REPRESENTATIVE APPEAR BEFORE THE BOARD TO GIVE A
PRESENTATION, IF THE BOARD WILL SET A DATE AND ALLOT A SPECIFIED AMOUNT
OF TIME FOR SUCH PRESENTATIONS.
IN DISCUSSION, THE BOARD AGREED TO ALLOT EACH FIRM 45 MINUTES
TO MAKE THEIR PRESENTATION.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON,
THE BOARD UNANIMOUSLY ACCEPTED THE RECOMMENDATION OF THE.ADMINISTRATOR
REGARDING THE CONSULTANTS WHO HAVE INDICATED INTEREST ON.WORKING ON
RENOVATION OF THE OLD HOSPITAL AND AUTHORIZED THE ADMINISTRATOR TO
33
3 1L
SEP 201978
r
CONTACT THE FOUR COMPANIES SELECTED AND SCHEDULE INTERVIEWS FOR THEM
WITH THIS BOARD ON.THE AFTERNOON OF OCTOBER 9, 1978, STARTING AT
1:00 O'CLOCK P.M.
CITY OF VERO PEACH COUNCILMAN, DAVID GREGG, CAME BEFORE THE
BOARD TO DISCUSS THE COUNTY HANDLING ANIMAL CONTROL FOR THE CITY AS
REQUESTED IN LETTER FROM MAYOR SCURLOCK DATED SEPTEMBER 13, 1978.
OMCK Or MQ
MAYOR
City of Vero .Beach
_ BF
A 0. BOX 1389 - 2033 - 20th PLACE `• C0%,
VERO BEAM, FLORIDA - 32960 B
`fit.: �s°°�,y�`•�•
Trlephm 367-1151
September 13, 1978
Mr. William Wodtke, Chairman
Board of County Commissioners
County Court House
Vero Beach, Florida 32960
Dear Bill:
As previously requested in my letter of July 12th
and our phone conversation, Council has directed me
to ask that the County's Animal Control officer
serve in the City of Vero Beach also, since we have
dropped funding for Animal Control from our budget
in 1978-79.
The City Attorney and Chief McCall have no objection
to. depputizing the County's animal control warden so
that he can enforce the City's ordinance while
inside the City. We would hope that approximately
one-third of his time could be spent, if needed,
within the City, as one-third of his budget is funded
by the City's ad valorem taxpayers.
Since we have had no formal reply to our previous
request, we hope this can be considered positively
before the County budget is finalized. We look
forward to hearing from you as soon as possible.
w
Sincerely yours,
d
DCS/crs
:�;
Don C. Scurlock, Jr.
Mayor
34
MO 00 FA1
f
COUNCILMAN GREGG STATED THAT THE CITY HAD HOPED THEY WOULD
HEAR FROM THE COUNTY ON THIS MATTER PRIOR TO FINALIZING THEIR BUDGET,
CHAIRMAN WODTKE NOTED THAT HE HAD TALKED TO MAYOR SCURLOCK
ABOUT THIS MATTER AFTER RECEIVTNG HIS LETTER OF JULY 12TH AND
EXPLAINED OUR POSITION, HE CONTINUED THAT MAYOR SCURLOCK TOLD HIM
HE UNDERSTOOD THE COUNTY'S POSITION AND THAT A LETTER WAS NOT NECESSARY.
COUNCILMAN GREGG INFORMED THE BOARD THAT THE CITY IS REQUESTING
.THAT THE COUNTY PROVIDE THE SERVICE THAT THEY ARE PROVIDING COUNTYWIDE,
PRIMARILY FOR STRAY ANIMALS,
CHAIRMAN WODTKE STATED THAT AS HE TOLD PAYOR SCURLOCK, THE
SHERIFFS DEPARTMENT CAN ENFORCE STATE. LAWS, BUT NOT MUNICIPAL LAWS,
AND THE COUNTY IS WILLING TO ENFORCE WHATEVER THE STATE STATUTES SET OUT,
COUNCILMAN GREGG NOTED THAT CITY ATTORNEY PALMER FEELS THAT
THE CITY COULD DEPUTIZE COUNTY OFFICERS TO ENFORCE THE CITY REGULATIONS
AND HE ASKED IF THEY COULD MOVE FORWARD ON THIS,
ATTORNEY COLLINS EXPLAINED THAT BACK IN 1953 THE.000NTY PASSED
A SPECIAL ACT, AND HE FELT POSSIBLY THE SPECIAL ACT COUPLED WITH STATE
LAW MIGHT PROVE SUFFICIENT.
MR. GREGG ASKED IF THIS MEANS THAT THE COUNTY CAN ENFORCE
CITY ORDINANCES, AND ATTORNEY COLLINS SAID THAT IT DOES NOT; IT JUST
MEANS.THAT THERE MAY BE LEGISLATION AVAILABLE TO COVER THE GENERAL AREAS.
COMMISSIONER LOY ASKED IF MR. GREGG IS INDICATING THAT THE
CITY OF VERO BEACH WOULD BE SATISFIED WITH ANY DEGREE OF SERVICE THAT
COULD BE PROVIDED BY THE COUNTY.
MR. GREGG STATED THAT HE WAS NOT SAYING THAT AT ALL. THE
MAYOR IS SUGGESTING THAT APPROXIMATELY 1/3 OF THE TIME OF THE ANIMAL
WARDEN BE SPENT IN THE CITY IN RELATION -TO THE AMOUNT OF TAXES PAID
BY THE CITY TO THE COUNTY. THE MAIN'PROBLEM-IS STRAY DOGS RUNNING
LOOSE, AND THIS IS MAINLY WHAT THEY WOULD LIKE TO HAVE HANDLED.
CHAIRMAN WODTKE ASKED IF THE CITY WILL BE WILLING TO HAVE
o - -
THE COUNTY ANIMAL WARDEN RENDER THE SERVICES ACCORDING TO STATE
STATUTE, KNOWING THAT THERE WILL BE NO LEASH LAW IN THE CITY OF
VERO BEACH.
35
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SEP. 2 0 197 '
a
COUNCILMAN GREGG STATED THAT IT MAKES NO SENSE TO HAVE STRAY
DOGS RUNNING LOOSE WHEN THE COUNTY WARDEN CAN PICK THEM UP.
ATTORNEY COLLINS NOTED THAT THIS ENTAILS A DEFINITION OF THE
WORD "STRAY," WHETHER THE DOG IS LICENSED, WELL CARED FOR, AND SIMPLY
OFF ITS OWN PROPERTY, OR AN ABANDONED ANIMAL ROAMING THE STREETS.
COUNCILMAN GREGG FELT THAT A STRAY DOG IS ANY DOG THAT IS
RUNNING LOOSE, AND DID NOT BELIEVE THERE ARE VERY MANY DOGS RUNNING
LOOSE IN THE COUNTY. 7
THE BOARD AGAIN POINTED OUT THAT THE COUNTY CANNOT ENFORCE
MUNICIPAL ORDINANCES. CONVERSATION CONTINUED AND ATTORNEY COLLINS
SUGGESTED THAT HE COULD GET TOGETHER WITH ATTORNEY PALMER AND SEE
WHETHER THERE ARE ANY STATUTES IN EXISTENCE THAT WOULD BE SUFFICIENT
TO COVER THE SITUATION.
COUNCILMAN GREGG ASKED WHETHER. THE BOARD WOULD BE AGREEABLE
TO PROVIDING THESE SERVICES TO THE CITY OF VERO BEACH IF THE ATTORNEYS
SHOULD FIND A SOLUTION.
COMMISSIONER Loy POINTED OUT THAT -THE COUNTY CANNOT PROVIDE
THE SAME SERVICE THAT THE CITY HAS RIGHT NOW, AND COMMISSIONER SIEBERT
NOTED THAT UNDER STATE STATUTE A WANDERING DOG CANNOT BE PICKED UP
JUST BECAUSE IT IS CAUSING A NUISANCE.
COUNCILMAN GREGG STATED THAT HE JUST WISHED TO KNOW IF THE
COUNTY IS AGREEABLE TO HAVE APPROXIMATELY 1/3 OF THE ANIMAL WARDEN'S
TIME SPENT WITHIN THE CITY OF VERO BEACH.
ATTORNEY COLLINS DID NOT FEEL THE LAW REQUIRES THAT THE
COUNTY PROVIDE EXACTLY 1/3 OF THE ANIMAL WARDEN'S TIME, AND COMMISSIONER
SIEBERT NOTED THAT IF WE ARE GOING TO ASSUME THE RESPONSIBILITY,. WE
WILL DECIDE THE HOURS, WHICH WILL BE EQUAL ALL OVER THE COUNTY.
CHAIRMAN WODTKE EXPLAINED THAT WE HAVE ONE ANIMAL WARDEN TO
COVER 400 SQUARE MILES OF LAND, AND HE COVERS IT DEPENDENT UPON WHERE
THE PROBLEM ARISES AND WHERE HE IS CALLED TO GO.
a COUNCILMAN GREGG REITERATED THAT HE WANTED TO KNOW HOW
MUCH OF THE WARDEN'S TIME COULD BE SPENT IN THE CITY, AND CHAIRMAN
WODTKE ASKED IF MR. GREGG COULD INFORM THE BOARD HOW MANY DOGS THERE
ARE IN THE CITY.
W
SEP 2 01978
OAK egi FAri 24-0
MR. GREGG STATED THAT HE HAD NO IDEA OF THE NUMBER OF DOGS,
AND A LADY FROM THE HUMANE SOCIETY INFORMED THE BOARD THAT THERE
ARE 8,000 RABIES VACCINATION SLIPS FOR THE CITY AND COUNTY, AND SHE
WOULD ESTIMATE THAT OF THIS NO MORE THAT 107 WOULD BE FOR CATS.
COMMISSIONER Loy STATED THAT IF WE HAVE TO, SHE WOULD BE IN
FAVOR OF PROVIDING THE CITY THE SAME DEGREE OF SERVICE THAT WE ARE
PROVIDING IN THE COUNTY, BUT NOTED ONCE AGAIN THAT WE DO NOT HAVE A
"LEASH LAW." '
COMMISSIONER SIEBERT DID NOT FEEL THAT CITY RESIDENTS WILL
BE SATISFIED WITH THE DEGREE OF SERVICE THEY CAN GET FROM THE COUNTY.
ATTORNEY COLLINS WILL MEET WITH CITY ATTORNEY PALMER TO
DISCUSS THE PROBLEMS INVOLVED.
COUNCILMAN GREGG NEXT DISCUSSED THE WASTEWATER ALLOCATION
FOR THE AREA NORTH OF THE CITY LIMITS ON THE BEACH AND SOUTH OF INDIAN
RIVER SHORES. HE STATED THAT THE COUNTY'S REPLY TO THE TOWN OF INDIAN
RIVER SHORES ON THIS MATTER MADE A COMMITMENT THAT WAS UNTENABLE FOR THE
CITY OF SERO BEACH.
CHAIRMAN 4IODTKE SAID HE UNDERSTOOD THAT MR. GREGG HAS SAID
THE UNINCORPORATED AREA WOULD REQUIRE A 35,000 GPD ALLOCATION, IN ADDITION
TO THE 150,000 ALLOCATION TO INDIAN RIVER SHORES.
MR. GREGG AGREED, BUT POINTED OUT THAT THE REQUIREMENT HAS
DROPPED TO 31,400 BECAUSE IT NOW APPEARS THAT THERE WILL BE LESt UNITS
IN THIS AREA THAN ANTICIPATED.
CHAIRMAN !4ODTKE STATED THAT ENGINEER REINDORF HAS DONE SOME
WORK ON THIS AND BELIEVES THESE FIGURES ARE ACCEPTABLE FOR THE
UNINCORPORATED AREA.
COMMISSIONER LOY ASKED IF THE CITY OF VERO BEACH IS READY
TO ADOPT AN AGREEMENT WITH INDIAN RIVER SHORES SETTING FORTH AN
ALLOCATION OF 500,000 GALLONS PER DAY, PLUS 31,400 TO SERVE THE
UNINCORPORATED AREA.
14 MR. GREGG STATED THAT THE PROBLEM IS CONFIRMING THEIR CAPACITY
AND THEY HAVE INSTRUCTED THEIR CONSULTANT TO BRING BACK CONCRETE FIGURES
IN THIS REGARD. HE FELT THE UNINCORPORATED AREA SHOULD BE A SEPARATE
AGREEMENT AS IT REALLY DOES NOT HAVE ANYTHING TO DO WITH THE TOWN OF
37
36 Pvc.
SEP 2 01978 .. -
L_
6
INDIAN RIVER SHORES. HE STATED THAT RIGHT NOW UNDER THE BILATERAL
AGREEMENT THAT AREA IS A PART OF THE COUNTY'S WASTE WATER SERVICE AREA,
AND THE COUNTY WOULD HAVE TO RELIEVE THAT FROM THE AGREEMENT.
COMMISSIONER LOY SAID SHE HAD THOUGHT ALL THAT WAS NECESSARY
WAS FOR THE COUNTY TO GIVE THE 150,000 ALLOCATION AND EVERYTHING WOULD
BE "ON G0."
CHAIRMAN WODTKE STATED HE FELT THE 35,000 HAD BEEN INCLUDED
IN THE 150,000, WHICH HE BELIEVED WAS A GENEROUS ALLOCATION. THE
CHAIRMAN POINTED OUT THAT WE HAVE COMMITMENTS IN (QUITE A FEW PLACES.
COMMISSIONER SIEBERT ASKED UPON WHAT NEEDS THE 500,000 GALLON
ALLOCATION IS BASED.
COUNCILMAN GREGG STATED THAT IT IS BASED ON THE EXISTING
ZONING OF THE AREA IN QUESTION UP TO FRED TUERK DRIVE, AND WITH THE
COUNTY AREA INCLUDED;A 534,000 GALLON ALLOCATION WOULD BE NEEDED.
COMMISSIONER LOY READ FROM MAYOR NOLAN'S LETTER OF .JULY 10TH
WHICH STATES THAT "MR. DAVID GREGG SUGGESTED THAT THE COUNTY SHOULD
ALLOCATE TO INDIAN RIVER SHORES 150,000 GALLONS PER DAY," AND ALSO
STATED "THIS AREA WHICH INCLUDES VERO CRUZ AND PEBBLE RAY ESTATES
(COUNTY AREAS) WILL PRODUCE 500,000 GALLONS OF WASTEWATER PER DAY."
ARGUMENT ENSUED AS TO THE FIGURES AND THE INTENT, AND
COMMISSIONER LOY ASKED IF.THE CITY WOULD BE ABLE TO ACCOMPLISH THE
PROJECT IF THE COUNTY GAVE THE 150,000 ALLOCATION PLUS THE EXTRA
31,400,
COUNCILMAN GREGG STATED THAT HE DID NOT KNOW AT THIS TIME,
BUT FELT THAT IT WOULD BE RIDICULOUS FOR THE CITY TO GO FORWARD IF
THEY DID NOT KNOW THE COUNTY WOULD GO ALONG.
COMMISSIONER SCHMUCKER STATED•THAT HE FELT IT IS A LOT MORE
CRITICAL FOR THE COUNTY TO LOSE THE ADDITIONAL 34,000 GALLON ALLOCATION
THAN IT IS FOR THE CITY TO GIVE A 350,000 ALLOCATION.
COUNCILMAN GREGG ASKED IF IT IS THE COUNTY'S POSITION THAT
THEY WILL GIVE THE 31,400 GALLON ALLOCATION OUT OF THEIR 150,000 GALLON
ALLOCATION TO THE TOWN OF INDIAN RIVER SHORES.
38
ENGINEER BEINDORF POINTED OUT THAT A LOT OF THE ESTIMATED
ALLOCATION IS FOR UNDEVELOPED LAND AND BASED ON PROJECTED FUTURE USE.
IT WAS NOTED THAT THE 31,400 GALLON.FIGURE IS FOR FULLY DEVELOPED LAND.
COUNCILMAN GREGG STATED THAT HE IS TALKING ABOUT THE PROBLEMS
OF PEOPLE IN INDIAN RIVER SHORES, WHILE THE COUNTY IS TALKING ABOUT
THE FUTURE,
ENGINEER BEINDORF REMINDED HIM THAT THE COUNTY AREA HAS PEOPLE
WITH IMMEDIATE PROBLEMS,
COMMISSIONER SCHMUCKER FELT THAT 6% COULD BE TAKEN OFF THE
NEEDS PROJECTED FOR INDIAN RIVER SHORES, REDUCING THEIR ALLOCATION TO
470,000 GALLONS, AND IT WOULD NOT HURT THEM FOR LONG TIME AND MAYBE
NEVER. HE POINTED OUT THAT THE 500,000 GALLON ESTIMATE MIGHT BE 20%
OFF.
COMMISSIONER SIEBERT FELT THAT WE SHOULD RESPOND TO THE TOWN
OF INDIAN RIVER SHORES THAT WE WILL GIVE THEM AN 115,000 GALLON
ALLOCATION AND WE WILL TAKE 35,000 BECAUSE IT WAS FULLY OUR INTENTION
THAT THE UNINCORPORATED AREA BE INCLUDED,AND MAYOR NOLAN'S LETTER MADE
IT PERFECTLY CLEAR THAT THE 500,000 GALLON ALLOCATION WAS MEANT TO
INCLUDE THE COUNTY AREA.
CHAIRMAN WODTKE STATED THAT HE WILL WRITE MAYOR NOLAN AND
MAKE IT CLEAR THAT THE COUNTY'S POSITION IS THAT THE 35,000 ALLOCATION
FOR THE COUNTY AREA IS INCLUDED IN THE 150,000 ALLOCATION MADE TO
THE TOWN OF INDIAN RIVER SHORES.
THE BOARD THEREUPON RECESSED FOR LUNCH AT 12:30 O'CLOCK P.Ma
AND RECONVENED AT 1:40 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT,
COMMISSIONER SCHMUCKER INFORMED THE BOARD THAT AT THE LAST
MEETING OF THE TREASURE COAST REGIONAL PLANNING COUNCIL A DOCTOR FROM
'{'VEST PALM BEACH WAS APPOINTED DIRECTOR OF AN. EMERGENCY MEDICAL SERVICES
STUDY COMMITTEE TO LOOK INTO THE SITUATION AS TO FEDERAL•FUNDING AND THE
PROGRAM AND REPORT BACK. HE STATED THAT INDIAN RIVER COUNTY IS TO APPOINT
THREE MEMBERS TO THIS COMMITTEE.
COMMISSIONER LOY NOTED THAT WE HAVE AN•INDIAN RIVER COUNTY
EMERGENCY MEDICAL SERVICES ADVISORY COMMITTEE, WHICH SHE DID NOT FEEL
HAS BEEN VERY ACTIVE LATELY. SHE SUGGESTED THAT COMMISSIONER
39
SEP 201978
SCHMUCKER REVIEW THAT COMMITTEE AND PICK OUT THREE NAMES TO PRESENT
AT THE NEXT COMMISSION MEETING.
COMMISSIONER SCHMUCKER LEFT THE MEETING AT 2;02 O'CLOCK
P.M. TO ASSIST THE SUPERVISOR OF ELECTIONS WITH THE COUNTING OF
ABSENTEE BALLOTS,
PLANNING DIRECTOR REDICK ANNOUNCED THAT THE DEPARTMENT OF
COMMUNITY AFFAIRS HAS SELECTED OUR JOINT APPLICATION FOR THE LOCAL
GOVERNMENT COMPREHENSIVE PLANNING ASSISTANCE PROGRAM FOR FUNDING THIS
YEAR. HE NOTED THAT WE MUST SUBMIT SIGNED CONTRACTS AND A SIGNED
INTERLOCAL AGREEMENT BETWEEN THE COUNTY, SEBASTIAN, AND FELLSMERE,
AN IT IS DESIRABLE TO ACT AS QUICKLY AS POSSIBLE. PLANNING DIRECTOR
REDICK SUGGESTED THAT THE CHAIRMAN BE AUTHORIZED TO SEND A LETTER OF
ACCEPTANCE OF THE COUNTY PORTION OF THE GRANT AND TO EXECUTE CONTRACTS
BETWEEN THE COUNTY AND THE DEPARTMENT OF COMMUNITY AFFAIRS. HE FURTHER
REQUESTED THAT HE BE DESIGNATED THE CONTACT REPRESENTATIVE FOR THE
COUNTY WITH DCA AND THAT HE AND ATTORNEY COLLINS BE AUTHORIZED TO
DRAW UP AN INTERLOCAL AGREEMENT TO BE CONSIDERED BY THE BOARD AT THE
OCTOBER 4TH MEETING.
CHAIRMAN WODTKE ASKED IF SIGNING THESE DOCUMENTS MEANS THAT
THE BOARD ASSUMES RESPONSIBILITY FOR COMPLETION OF PLANS FOR SEBASTIAN
AND FELLSMERE, AND'MR, REDICK STATED THAT WILL BE CONSIDERED IN THE
INTERLOCAL AGREEMENT.
ON MOTION BY COMMISSIONER SIEBERT,.SECONDED BY COMMISSIONER
Loy, COMMISSIONER SCHMUCKER BEING TEMPORARILY ABSENT FROM THE MEETING,
THE BOARD AUTHORIZED THE CHAIRMAN TO WRITE A LETTER OF ACCEPTANCE AND
EXECUTE CONTRACTS BETWEEN THE COUNTY AND THE DEPARTMENT OF COMMUNITY
AFFAIRS AND FURTHER DESIGNATED THE PLANNING AND ZONING DIRECTOR AS THE
LOCAL CONTACT FOR THE COUNTY.
SAID CONTRACT WILL BE MADE A PART OF THE MINUTES WHEN FULLY
EXECUTED,
THE BOARD AGREED THAT THE PLANNING.DIRECTOR AND THE ATTORNEY'
SHOULD PROCEED WITH DRAWING UP THE INTERLOCAL AGREEMENT.
40
s PA
�
SEP 2 0 1978 .. J
e
PLANNING DIRECTOR REDICK REPORTED THAT THE COUNTY WILL, IN
ALL PROBABILITY, HAVE ITS PROJECT ON THE SPOIL ISLANDS APPROVED AS THE
DEPARTMENT OF ENVIRONMENTAL REGULATION HAS INCLUDED OUR PROJECT WITH
THEIR APPLICATION, WHICH IS TANTAMOUNT -TO AN:APPROVAL.
ASSISTANT ,ADMINISTRATOR '11EIL �4ELSON REPORTED THAT HE HAS
CONTACTED DILL COOK, SUPERINTENDENT OF KIWANIS—HOBART PARK, WRO HAS
INFORMED HIM THAT GETTING LIGHT FOR.THE PAVILION AREA IS ONLY PART OF
THE PROJECT AND JUST GETTING ELECTRICAL SERVICE TO THE PAVILION AREA
IS OF EVEN MORE IMPORTANCE TO THE PARK. -HE NOTED THAT THE HOSPITAL
HAD A PICNIC WITH ENTERTAINMENT AND A BAND AND HAD TO GET A GENERATOR
TO GIVE THEM THE PUBLIC ADDRESS CAPABILITY. MR. NELSON REPORTED THAT
CHURCH GROUPS COME TO THE PARK FREQUENTLY, AS WELL AS THE CB GROUP,
AND KEEN'S SUPERMARKET HADA PICNIC THAT WENT FROM NOON UNTIL 10:15
AT NIGHT TO ALLOW BOTH SHIFTS TO JOIN IN, HE STATED THAT ALL THESE
THINGS ARE BEING APPROVED ON AN INDIVIDUAL BASIS BY THE PARK SUPERIN—
TENDENT. MR, NELSON RECOMMENDED THAT.THE BID OF $925.00 TO PROVIDE
ELECTRICAL'SERVICE TO THE PAVILION AT HOBART PARK BE ACCEPTED,
COMMISSIONER DEESON STATED THAT HE FELT IT WOULD BE MONEY
WELL SPENT AS THE FACILITIES AT THIS PARK ARE USED A GREAT DEAL,
CHAIRMAN VIODTKE ASKED IF THERE WILL BE A MASTER SWITCH UNDER
LOCK AND KEY, AND MR. NELSON STATED THAT THERE WILL BE A CONTROL BOX.
UNDER THE DIRECT SUPERVISION OF THE PARK SUPERINTENDENT.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
Loy, COMMISSIONER SCHMUCKER BEING TEMPORARILY ABSENT FROM THE
MEETING, THE BOARD ACCEPTED THE LOW BID OF $925 FROM BEATTY ELECTRIC OF
SEBASTIAN TO PROVIDE ELECTRICAL SERVICE TO THE PAVILION AT KIWANIS—
HOBART PARK.; THE MONIES TO BE PAID OUT OF FEDERAL REVENUE SHARING FUNDS.
ADMINISTRATOR .JENNINGS REQUESTED THAT AN EMERGENCY ITEM
IN REGARD TO EXTENSION OF A CONTRACT WITH OTIS ELEVATOR BE PUT ON
o THE AGENDA.
ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER
DEESON, COMMISSIONER-SCHMUCKER BEING ABSENT FROM THE MEETING THE
BOARD AGREED TO PLACE ON TODAY'S AGENDA THE EMERGENCY ITEM'REQUESTED
BY THE ADMINISTRATOR,
41
0091 : 00 PAGE 245
SEP 2 0 1978
ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT HE
HAS RECEIVED A CONTRACT FROM OTIS ELEVATOR COMPANY IN REGARD TO
MAINTENANCE AND REPAIRS OF THE ELEVATORS IN THE OLD HOSPITAL BUILDING.
IT NORMALLY AMOUNTS TO $$99.54 PER MONTH FOR THEIR SERVICES, -BUT SINCE
WE ARE IN A CARETAKER STATUS AT THE PRESENT TIME, THEY WILL ONLY CHARGE
35%, OR $311.34 PER MONTH. MR. NELSON NOTED THAT THE ONLY ALTERNATIVE
WOULD BE TO CALL ON THEM TO TAKE CARE OF ANY PROBLEMS WHICH MAY ARISE
WITH THE ELEVATORS, BUT THEY ARE LOCATED IN WEST PALM BEACH AND CHARGE_
ON A BASIS OF $52.00 PER HOUR, TRAVEL TIME INCLUDED. HE FURTHER
POINTED OUT THAT IF WE SHUT THE ELEVATORS DOWN, WE WOULD HAVE TO HAVE
A STATE INSPECTION BEFORE STARTING THEM BACK UP. HE, THEREFORE,
RECOMMENDED THAT WE ACCEPT THEIR MAINTENANCE CONTRACT_.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, COMMISSIONER SCAMUCKER BEING ABSENT FROM THE MEETING, THE
BOARD AUTHORIZED THE CHAIRMAN TO EXECUTE THE CONTRACT WITH OTIS
ELEVATOR COMPANY AS OUTLINED BY ASSISTANT ADMINISTRATOR NELSON. SAID
CONTRACT IS HEREBY MADE A PART OF THE MINUTES.
42
36 PAttr46
_ y
1
1
S
Otis Contract - 4'6rP-6249
To Indian River County Dated at West Palm Beach, Fl. �
Board of County Comtaissioners September 18, 1978
2145 14th Avenue
Vero Leach, F1. 32960
We propose to furnish OTIS EXTENDED COVERAGE .MAINTENANCE on the following de-
scribed elevators in your building located at Indian River hemorial Hospital,
1840 - 25th Street, Vero Beach, Florida.
TWO (2) OTIS COLLE-CTIVE PASSEiiGER ELEVATORS '
k,
• C,
Under this contract we will maintain the elevator equipment herein described, on the following
terms and conditions:
We will use trained men directly employed and supervised by us. They will be qualified to keep;
your equipment properly adjusted, and they will use all reasonable care to maintain the elevator
equipment in proper and safe operating condition.
We will regularly -and systematically examine, adjust, lubricate as required, and if conditions
warrant, repair or replace:
Machine, Worm, Gear, Thrust Bearings, Drive Sheave, Drive Sheave Shaft Bearings, Brake
Pulley, Brake Coil, Brake Contact, Linings and Component. Parts.
Motor and Motor Generator, Motor Windings, Rotating Element, Commutator, Brushes, Brush
Holders and Bearings.
Controller, Selector and Dispatching Equipment, all Relays, Solid State Components, Resistors,
Condensers, Transformers, Contacts, Leads, Dashpots, Timing Devices, Computer Devices,
Steel Selector Tape and Mechanical and Electrical Driving Equipment.
Governor, Governor Sheave and Shaft Assembly, Bearings, Contacts and Governor Jaws.
Deflector or Secondary Sheave, Bearings, Car and Counterweight Buffers, Car and Counter-
weight Guide Rails, Top and Bottom Limit Switches, Governor Tension Sheave Assembly, Com-
pensating Sheave Assembly, Counterweight and Counterweight Guide Shoes including Rollers
or Gibs.
i
Hoistway Door Interlocks, Hoistway Door Hangers, Bottom Door Guides and Auxiliary Door s
Closing Devices. I
b
Otis Elevator Company 1969 PAGE 1 OF 6 PAGES
.
a
BOOK
SEP 2 01978
Automatic Power Operated Door Operator, Car Door Hanger, Car Door Contact, Door Protective
Device, Load Weighing Equipment. Carframe, Car Safety Mechanism, Platform, Wood Platform
Flooring, Tile Floor covering in the elevator car, Elevator Car Guide Shoes, Gibs or Rollers.
We also agree:
To examine periodically all safety devices and governors and conduct our customary annual
no load test, and each fifth year perform a full load, full speed test of safety mechanism, over-
head speed governors, car and counterweight buffers. The car balance will be checked, and
the governor set. If required, the governor will be re -calibrated and sealed for proper tripping
speed.
To renew all wire ropes as often as is necessary to maintain an adequate factor of safety; to
equalize the tension on all hoisting ropes, repair or replace conductor cables and hoistway and
machine room elevator wiring. "
To furnish Otis Lubricants compounded to our rigid specifications.
We shall not be required to make other safety tests nor to install new attachments on the eleva-
tors whether or not recommended or directed by insurance companies or by governmental
authorities, nor to make any replacements with parts of a different design. It is agreed that we
are not required to make renewals or repairs necessitated by reason of negligence or misuse
of the equipment or by reason of any other cause beyond our control except ordinary wear
and tear.
We assume no responsibility for the following items of elevator equipment which are not in-
cluded in this contract:
Car enclosure (including removable panels, door panels, "car gates, plenum chambers, hung
ceilings, light diffusers, light tubes and bulbs, handrails, mirrors and carpets); hoistway enclo-
sure; hoistway gates, doors, frames, and sills.
The items listed on the schedule below show wear. To provide you with the maximum of service
from these items, we are accepting them in their present condition with the understanding that
you are to pay, in addition to the base amount of this contract, an extra at the time the items listed
are first replaced. The charge for this replacement will be determined by prorating the total
cost of replacing the individual items. You are to pay for that portion of the life of the items
used prior to the commencing date of this contract and we are to pay for that portion used since
the commencing date of this contract:
SCHEDULE OF PARTS TO BE PRORATED
Name of part Date of installation
PAGE 2 OF 6 PAGES
SEP 2 0 1971
N 0 V E
•
•
1.
FORM
320CA•T
(3:70)
All work is to be performed during our regular working hours of our regular working days unless
otherwise specified below.
This contract includes emergency minor adjustment call back service during regular working
hours 8it'Itiitt`3t srBit
v
If overtime examinations, repairs or emergency minor adjustment call back service are not in-
cluded in this agreement and are later requested by you, we will absorb the worked hours at
single time rates and you will be charged extra for the overtime bonus hours only at our regular
hourly billing rates.
PERFORMANCE
We agree, where applicable, to maintain the original contract speed in feet per minute, the origi-
nal performance time, including acceleration and retardation as designed and installed by Otis
i Elevator Company, and to perform the necessary adjustments as required to maintain the
original door opening and closing time, within limits of applicable codes.
I
GROUP SUPERVISORY SYSTEM
We agree, where applicable, to check the group dispatching systems and make necessary tests
( to insure that all circuits and time settings are properly adjusted, and that the system pertorms
as designed and installed by Otis Elevator Company.
STEEL PARTS CABINETS AND WIRING DIAGRAMS
We agree to maintain Otis standard cabinets for the orderly storage of replacement parts in the
machine room and original Otis engineering wiring diagrams for the term of the contract.
JOB MATERIAL INVENTORY
We agree to maintain a supply of contacts, coils, leads and generator brushes, lubricants, wip-
ing cloths, and other minor parts in each elevator machine room for the performance of routine
preventive maintenance.
SPARE PARTS INVENTORY
We agree to maintain a supply of genuine Otis spare lending and replacement parts in our ware-
house inventory. This inventory will include, but is not limited to, generator rotating elements,
door operator motors, brake magnets, generator and motor brushes, controller switch contacts,
selector switch contacts, solid state components, selector tapes, door hangers, rollers, hoistway
limit switches. Such spare lending and replacement parts will be kept in our warehouse inven-
tory or available from our manufacturing facilities located strategically throughout the United
States.
it is agreed that we do not assume possession or control of any part of the equipment but such
remains yours exclusively as the owner (or lessee) thereof. We shall not -be liable for any loss,
damage or delay due to any cause beyond our reasonable control including, but not limited to,
acts of government, strikes, lockouts, fire, explosion, theft, floods, riot, civil commotion, war,
malicious mischief or act of God. Under no circumstances shall we be liable for consequential
damages.
PAGE 9 OF 6 PAGES
P
H - •
SOUK ju RAcE 249
SEP 201978
The contract price shall be adjusted yearly in the manner provided below: Such adjustments
shall be -made as soon as practicable after we have received the index of "Wholesale Commod-
ity Prices for Metals and Metal Products", for the month within which falls the anniversary of
the commencement of the service.
Each such adjustment shall be made as follows:
y One Hnadred Forty Two E: 98/1 -------•---- Dollars ($ 142.98
of the contract price shall be increased or decreased by the percentage of increase or decrease
shown by the index of "Wholesale Commodity Prices for Metals and Metal Products" published
by the U. S. Department of Labor, Bureau of Statistics, for the month within which falls the
anniversary of the commencement of the service as compared with the index for Dec. 1 1377
which was 213.30
2 Seven Hundred itorlty '_:ix ii, ` ,,inn -------=- Dollars ($ 740.56 �
of the contract price shall be increased or decreased by the percentage of increase or decrease
in the straight time hourly labor cost for the month within which falls the anniversary of
the commencement of the service as compared with such straight time hourly labor cost on
December 1, 1477
As used in this provision, the phrase "straight time hourly labor cost" means the sum of the
straight time hourly labor rate paid to elevator examiners in the locality where the equipment
is to be maintained,_ and the average hourly cost of Fringe Benefits paid to elevator examiners
within the 5uL'T:'r.� S ` ' �' Region of Otis Elevator Company.
The words "Fringe Benefits" mean employee benefits granted in lieu of or in addition to hourly
rate increases and include, but are not limited to, Pensions, Vacations, Paid Holidays, Group
Life, Sickness and Accident and H_oipjtglization Insurance. 'The straight hourly labor cost
to this contract is 11 ' i of which S— constitutes the cost of
applicable S
Fringe Benefits.
FORM
32008
11730)
PAGE 4 OF 6 PAGES
t .
N •
g 36
SEP 201978 '
i
t
This service shall commence on the 1st day of October lg --U, and •shall
continue thereafter until terminatedDic�kKy�G�'sib7fi�tk§'tP�ii3dk63gt{`gi tfeig
�tRis'�#a;4��'�Stxt��t89X'�7id��i@isr4�+}'s15Kfiid4�3�i���§it+>iillgXp�dit'fat€► �
>�?�Wliz�aaxt>grcaraai; This Contract may be terminated by
either party after thirty (30) days notice with or without
cause, at the end of the first year, or at the end of any
subsequent one year period.
CONTRACT PRICE
Light 1'.undred Eighty Nine n 54/100 ------- 889.54
($ )DOLLARS,
per month, payable monthly.
SUMECT 10 1AMMAril "B", PLEASE SEE VAGE 6 OF 6. 1
You shall pay, in addition to the price, any tax imposed upon you by any existing or future law ,
and the amount of any tax imposed upon us, our suppliers or you under any statute, court deci-
sion, rule or regulation becoming effective after the date of this proposal which is based upon or
incident to the transfer, use ownership or possession of the materials or equipment involved in
the performance hereof or the services rendered, hereunder.
The price shall be subject to adjustment annually in the manner set forth on Page 4 of this
contract.
This proposal, when accepted by you below and approved by -our authorized representative,
shall constitute the contract between us, and all prior representations or agreements not incor-
porated herein are superseded.
MAC;Wf4 IMBER
301704
\ q OTIS ELEVATOR COMPANY
By-
Accepted in duplicate t'=% �1• %' �� tBLe_
By
�. :.` 1 "! « ;I'
Tice -Chairman, Board of*
C LC'c,iJ% County Commissioners
Approved for Otis Elevator Company:
C
1 19
Authort{ad Representative
PAGE 5 OF 6 PAGES
� SEP 2 01978
!
BooK 36. PAGE 251
{i
� SEP 2 01978
!
BooK 36. PAGE 251
"It is understood and a;;reed that a credit of 65% will be allowed
from the monthly contract price during the period of time in which
this buildin; i? empty. During this period of time we will perform
a caretaker service upon the elevators which will consist of a
moatblY P ins ecCon and lubrication so as to prevent the deterioration
of the equiprient prior to the resuz:ption of normal service. Upon the
resuraption OF service the current contract price will become
effective."
4
PAGE 6 OF 6 PAGES.
� SEP 2 01978
i
FORM
3200C
117301
•
BOOK PAGE 252
r
k
b
ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT HE
CONTACTED FOUR PAINTING CONTRACTORS TO SUBMIT PROPOSALS ON PAINTING
THE INTERIOR OF THE COUNTY HEALTH DEPARTMENT, WHICH WILL HAVE TO BE
-PAINTED EITHER AT NIGHT OR ON WEEKENDS. HE HAS RECEIVED ONLY TWO
PROPOSALS, ONE FROM CAPPELEN PAINTING FOR $4,200 AND ONE FROM HOBERT
KEENER FOR $1,600, AND WOULD RECOMMEND THAT TRE LOWER BID BE ACCEPTED,
HE NOTED THAT THEY ANTICIPATE THAT THIS WILL REQUIRE ONLY ONE COAT
OF PAINT, AND THE CONTRACTOR WILL FURNISH THE PAINT,
ON MOTION BY COMMISSIONER LOX, SECONDED BY COMMISSIONER
SIEBERT, COMMISSIONER SCHMUCKER BEING ABSENT, THE BOARD ACCEPTED
THE LOW PROPOSAL OF HOBERT KEENER IN THE AMOUNT OF $1,600 FOR PAINTING
THE INTERIOR OF THE HEALTH DEPARTMENT ACCORDING TO SPECIFICATIONS.
ADMINISTRATOR JENNINGS STATED THAT HE HAS TWO ADDITIONAL
EMERGENCY ITEMS HE WISHES ADDED TO THE AGENDA IN REGARD TO THE PAVING
PROGRAM UNDER THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND THE
CONSTRUCTION OF THE GIFFORD ELEVATED WATER STORAGE TANK.
ON MOTION BY COMMISSIONER LOY,. SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY ADDED THE EMERGENCY ITEMS REQUESTED BY
ADMINISTRATOR .JENNINGS TO TODAY'S AGENDA.
THE ADMINISTRATOR INFORMED THE BOARD THAT IN WORKING ON SOME
OF THE STREETS INCLUDED IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM,
THEY HAVE FOUND THAT SOME OF THESE ARE WHERE THE WATER AND SEWER LINES
ARE PROJECTED TO BE SO THEY HAVE HAD TO CHANGE SOME PRIORITIES, HE
FURTHER NOTED THAT WHILE THEY WERE WORKING IN THIS AREA TO TRY TO
IMPROVE IT FOR THE BENEFIT OF THE CITIZENS LIVING THERE, SOMEONE
STOLE ONE OF THE COUNTY'S POWER SAWS, AND THEY HAVE NOT RECOVERED
IT,
THE ADMINISTRATOR THEN DISCUSSED WITH THE BOARD A LETTER
RECEIVED FROM ENGINEER RICHARD VOTAPKA IN -REGARD TO VANDALISM OF THE
GIFFORD ELEVATED WATER STORAGE TANK, AS FOLLOWS:
SEP 2 01978
49
WK 36 PAvE 253
4
SVERDRUP & PARCEL AND ASSOCIATES, INC.
AND
BEINDORF AND ASSOCIATES, INC.
(A JOINT VENTURE)
Project No. _
September 20, 1978
?Ar. Jack G. Jennings, County Administrator
Indian River County
County Courthouse, Room 115
Vero Beach, Florida 32960
Bei Indian River County Water System
Gifford Elevated Water Storage Tank
Dear Mr. Jennings:
Yesterday evening while travelling northward on U.S. 1 on my way home from work,
I noticed something vastly peculiar with the words "Indian River County" painted
on the southeast side of the elevated water storage tank in Gifford, Florida.
Upon a much closer investigation this morning, using high powered binoculars, I
discovered that vandals had climbed the tank and painted the word "Gifford" in
large white letters, partially obliterating the word "County", and had also
painted the words "G. Town" and "Foxy", and the numeral "1".
I bring this incident to your attention in order to request your advice -on cor-
recting future acts of vandalism and repainting a portion of the tank immediately.
Sincerely, � i;js f' 4041'
Richard B. Votapka
Beindorf and Associates, Inc.
DISCUSSION FOLLOWED ABOUT VARIOUS WAYS TO PREVENT THIS FROM
REOCCURRING. ADMINISTRATOR JENNINGS NOTED THAT THE TANK ALREADY HAS
AN 8' SECURITY FENCE AROUND IT. HE STATED THAT THE ENGINEERS NEED
INSTRUCTIONS ON WHETHER TO REPAINT THE TANK,
THE BOARD AGREED THAT THE TANK SHOULD BE LEFT AS IT IS AND
NOT REPAINTED.
COMMISSIONER SIEBERT REPORTED THAT HE HAS RECEIVED AN'
INVITATION FROM GULF CONTRACTING, THE PRIME CONTRACTOR FOR,THE 17TH
STREET BRIDGE, FOR THE COMMISSIONERS TO MAKE AN INSPECTION TOUR TO
SEE THE PROGRESS OF THE BRIDGE. HE NOTED THAT THE PEOPLE WORKING ON
THE BRIDGE ARE EXCEPTIONALLY PROUD OF IT.
.THE BOARD AGREED THAT THEY WOULD LIKE TO ARRANGE A TIME TO
MAKE SUCH A TOUR.
SEP 2 0 1978
50
BOOK 3PAu-254
COMMISSIONER Loy INFORMED THE BOARD THAT ROSEMARY RICHEY,
SUPERVISORS OF ELECTIONS IS RECOMMENDING THAT THE POLLING PLACE FOR
PRECINCT 1-C BE CHANGED FROM THE WABASSO SCHOOL TO THE METHODIST
CHURCH.SHE NOTED THAT THE SCHOOL ROOMS WERE TERRIBLY WARM AND A
BIT CROWDED, AND THE CHURCH IS AGREEABLE TO HAVING THE POLLING PLACE
MOVED THERE.
ON MOTION BY COMMISSIONER -Loy, SECONDED BY COMMISSIONER
DEESON, COMMISSIONER SCHMUCKER BEING ABSENT, THE BOARD ADOPTED RESOLU-
TION 78-63 ESTABLISHING THE WABASSO METHODIST CHURCH AS THE POLLING
PLACE FOR PRECINCT 1-C EFFECTIVE AS OF THE NOVEMBER, 1978, GENERAL
ELECTION.
:.0
RESOLUTION 78-63
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, That a new Polling Place
shall be established for Precinct 1-C at the Wabasso
Grace Methodist Church in Wabasso, located on Church Road.
Said Resolution shall become effective as of the 20
day of September, 1978.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
B
Y � �!
u
William C. Wodtke,jilr., Chairman
Attest:
Clerk
51
36 PxE25
SEP 2 01978
• 9
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, COMMISSIONER SCHMUCKER BEING ABSENT FROM THE MEETING, THE BOARD
A F
ACCEPTED THE RESIGNATION OF MARK
F LB FROM THE PLANNING AND ZONING
COMMISSION AND ADOPTED RESOLUTION No. 78-64 HONORING HIM FOR HIS
SERVICES ON SAID COMMISSION.
.
52
BOOK
U PAGE56
SEP 2 01978
d
Cabs`
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
• RESOLUTION NO. 78-64
WHEREAS, MARK FALB was appointed by the Board of County
Commissioners of Indian River County, Florida, to serve as a
Member of the Indian River County Planning and Zoning Commission,
representing District 5, on October 6, 1"976; and
WHEREAS, MARK FALB has served on the Indian River County
<-r
Planning and Zoning Commission with distinction, representing
the interests of all of the people in Indian River County from
the date of his appointment until his resignation, to be
effective October 15, 1978; and
WHEREAS, during his tenure in office MARK FALB has been
instrumental in many things which have made Indian River County
a better place to live, among them being:
Adoption of Landscape Ordinance
Adoption of Revised Site Plan Ordinance
Proposed revisions to the Comprehensive Land Use Plan
Proposed rezoning of State Road 510-512
Proposed rezoning of Oslo Road
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the Board,
on behalf of itself and the citizens of Indian River County,
expresses its deep appreciation to MARK FALB for his diligent
service on the Indian River County Planning and Zoning Commission;
and
BE IT FURTHER RESOLVED, that the Board wishes MARK FALB every
D success in his future endeavors.
Said Resolution shall become effective as of the 20th
qday of September , 1978.
SEP 2 0 197J
I
Chairman,County Comnns. oners
OETK36 -%E 257
CHAIRMAN WODTKE DISCUSSED THANKING THOSE WHO SPENT SO MUCH
TIME AND EFFORT WORKING ON THE TOURIST DEVELOPMENT TAX ADVISORY
COMMISSION, AND IT WAS DECIDED THAT THE CHAIRMAN WILL WRITE A LETTER
TO THEM EXPRESSING THE BOARD'S APPRECIATION.
CHAIRMAN WODTKE NEXT REFERRED TO THE LETTER WRITTEN BY
THE ADMINISTRATOR TO ALEX SENKEVICH, DISTRICT MANAGER OF THE DEPARTMENT
OF ENVIRONMENTAL REGULATION, REQUESTING INFORMATION AS TO WHAT ACTION
THEY ARE GOING TO TAKE IN REGARD TO ILLEGAL LANDFILLS OPERATING IN
INDIAN RIVER COUNTY, HE STATED THAT HE WOULD LIKE TO HAVE THE BOARD'S
PERMISSION TO WRITE THE DER OFFICIALLY REQUESTING A IMMEDIATE REPLY TO
PSR. .KENNING'S REQUESTS FOR INFORMATION AND ALSO TO REQUEST THAT THEY
HAVE A REPRESENTATIVE PRESENT AT THE BOARD MEETING OF OCTOBER 18TH, AT
WHICH TIME WE WILL BE DISCUSSING THE SANITARY LANDFILL RATES.
COMMISSIONER LOY NOTED THAT WE HAVE WORKED WITH THE DER
CONSISTENTLY AND SHE FELT THAT WE DESERVE AN INDICATION FROM THEM AS
TO WHAT POSITIVE STEPS THEY INTEND TO TAKE ABOUT THIS PROBLEM AND WHEN.
SHE AGREED THAT IT WOULD BE APPROPRIATE FOR THEM TO ATTEND THE MEETING
OF OCTOBER 18, 1978.
THE BOARD AGREED THAT THE CHAIRMAN SHOULD WRITE THE DER AS
DISCUSSED ABOVE.
CHAIRMAN WODTKE PROPOSED TO THE BOARD THAT WE CONSIDER
AUTHORIZING THE ATTORNEY TO PREPARE AN ORDINANCE SIMILAR TO THE ONE
ADOPTED IN LEE COUNTY, WHICH BASICALLY PROHIBITS TOPLESS BARS OR
SIMILAR ESTABLISHMENTS BY TYING IT TO THE BEVERAGE CONTROL REGULATIONS.
HE NOTED THAT THERE PRESENTLY IS ONE SUCH ESTABLISHMENT JUST SOUTH OF
THE COUNTY LINE, AND HE WOULD LIKE TO HAVE SOMETHING TO KEEP THEM OUT
OF INDIAN RIVER COUNTY.
THE BOARD AGREED THAT THE ATTORNEY SHOULD PURSUE THIS MATTER.
CHAIRMAN VIODTKE ANNOUNCED THAT HE HAS RECEIVED A REQUEST
FROM THE GOVERNOR TO ATTEND A MEETING IN ORLANDO THIS SATURDAY IN REGARD
° TO CASINO GAMBLING.
MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, TO APPROVE OUT -OF -COUNTY TRAVEL FOR.THE CHAIRMAN TO ATTEND A
MEETING IN ORLANDO AS ABOVE,.
54
SEP 2 0 197
BOOK 00 PAUIcas
IN DISCUSSION, IT WAS NOTED THAT THE REQUEST FROM THE
GOVERNOR WAS ADDRESSED TO THE CHAIRMAN AS A MEMBER OF THE BOARD OF
DIRECTORS OF THE NATIONAL EXCHANGE CLUB, AND IT WAS FELT IT WAS NOT
ADVISABLE FOR THE CHAIRMAN TO ATTEND SUCH A MEETING ON COUNTY FUNDS.
COMMISSIONER Loy WITHDREW HER POTION AND COMMISSIONER DEESON
WITHDREW HIS SECOND,
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT MR. REGAN
HAS SENT HIM A MEMO IN REGARD TO THE GIFFORD TENNIS COURTS AS FOLLOWS:
-M E M 0 R A N D U M
TO: Jack G. Jennings
FROM: Edw Regan
DATE: Septem er, 1978
RE: Tennis Courts - North Gifford Park
Mr. Dale Wehr called and asked if we could have the grader
push the existing stone on the tennis court pads aside tomorrow
for future loading. He says that his purchaser will not have
trucks available till early next week and that he wants to keep
moving since his time limit is September 30th.
Trodglen advises him that the lime stone mining source in
Melbourne has been exhausted. Trodglen is checking Ocala. Wehr
will keep us informed.
DISCUSSION FOLLOWED IN 'REGARD TO THE VARIOUS PROBLEMS
INVOLVED WITH HANDLING THE LIMESTONE TWICE AND THE LOSS OF MATERIAL
WHICH WOULD RESULT.
THE BOARD INSTRUCTED THE ADMINISTRATOR TO PUSH THE LIME-
STONE FROM THE COURTS AND LET IT SIT AS REQUESTED BY SIR. WEHR.
RESOLUTION N0. 78-48 AND RELEASE OF EASEMENT TO PAUL R.
AND MARJORIE E. UPTON ARE HEREBY MADE A PART OF THE MINUTES AS
APPROVED AT THE MEETING OF .JULY 19, 1978.
55
soon PAr,F 259
1�
I!
RESOLUTION NO. 78-48
WHEREAS, the Board of County Commissioners of Indian
fi
River County, Florida, have been requested to release the
lot line easements on the south five (5) feet of Lot 17;
the north five (5) feet of Lot 18; the east five (5) feet of
Lots 17 and 18; and the west five (5) feet of Lot 16, all
of Block C, VERO BEACH HOMESITES, Unit No. 1-A, according to
i,
the plat thereof, recorded in Plat Book 3, page 81, of the
Public Records of Indian River County, Florida; and
h
WHEREAS, said rear lot and side lot easements were
i; dedicated on the Plat of VERO BEACH HOMESITES for public
; _
utility purposes; and
}i
WHEREAS, the request for such release of easement has
been submitted in proper form;
ij
NOW, THEREFORE,BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the
ti
ij following rear lot line and side lot line easements in VERO
BEACH HOMESITES, shall be released, abandoned and vacated as
1'
I� follows:
ii
The south five (5) feet of Lot 17; the north five (5)
feet of Lot 18; the east five (5) feet of Lots 17 and
18; and the west five (5) feet of Lot 16, Block C,
VERO BEACH HOMESITES, Unit No. 1-A, according to the
Plat of the same filed in the Office of the Clerk of
the Circuit Court of Indian River County, Florida, in
Plat Book 3, at page 61.
BE IT FURTHER RESOLVED that the Chairman of the Board
of County Commissioners and the Clerk of the Circuit Court
be and they hereby are authorized and directed to execute
a release of said lot line easements hereinabove referred to
in form proper for recording and placing in the Public Records
of Indian River County, Florida..
This 19th day of July , 1978.
BOARD OF COUNTY•COMMISSIONERS
OF'INDIAN RIVER COUNT�Yj GRIDA
By �l�Q ZGzj
William C. Wodtke, J
ATTEST:
Freda Wright
Clerk of the Circuit Court
1117 �14- *
&A.
1
SEP 2 0 1978
i
�oa� 6 Pmf 2-64
,% -
� s �
II RELEASE OF FA^T;MENT
This Release of Easement, executed this 19th day of '
July
1978, by the BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of
the State of Florida, first party to PAUL R. UPTON and MARJORIE E.
UPTON, whose -post office address is 106 - 29th Avenue, Vero
• j
Beach, Florida, 32960, second party.
WITNESSETH
I i
That the said party of the first part for and in con- i
sideration of the sum,of ONE DOLLAR ($1.00) and other good and
valuable consideration in hand paid by the said party of the
second part, does hereby remise, release, abandon and quit-
claim unto the said second party forever, all the right, title
interest, claim and demand which said first party has in and
11 to the following described easements, lying on land situated
i� in the County of Indian River, State of Florida, to -wit:
ii
!! The south five (5) feet of Lot 17; the north five (5)
II feet of Lot 18; the east five (5) feet of Lots 17 and
�! 18; and the west five (5) feet of Lot 16, Block C,
.j VERO BEACH HOMESITES, Unit No. 1-A, according to the
I� Plat of the same filed in the Office of the Clerk of
the Circuit Court of Indian River County, Florida,
►! in Plat Book 3, at page 61.
TO HAVE AND TO HOLD the same with all and singular
�I the appurtenances thereunto belonging or in anywise appertaining
ff! and all the estate, right, title, interest, equity and claim
fl
N
j whatsoever of the said first party either in law or equity to
the only proper use, benefit and behoof of the said second
11 party forever. j
IN WITNESS WHEREOF, the said first party has signed
and sealed these presents by the parties so authorized by
law the day and year first above written.
ATTEST
Freda Wright
Clerk of the Circuit Court
0
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
Boa 36 PAcE 261
.a
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
A
I HEREBY CERTIFY that on this day before me, an
officer duly authorized in the State and County aforesaid to
take acknowledgments personally appeared. WILLIAM C. WODTKE, JR.,
as Chairman of the Board of County Commissioners of Indian
River County, a political subdivision of the State of Flori
li
and FREDA WRIGHT, as Clerk of the Circuit Court, to me know
to be the persons duly authorized by said County to -execute
the foregoing instrument, and they acknowledged before me t
they executed the same for and on behalf of said political
subdivision.
WITNESS my hand and official seal in the County
and State.last aforesaid, this 22nd day of September
1978.
J 04
Notar Public, State of Florida at
go
9M
Co.
LargeV
My commission expires:
Notary Publk Shft of Florida at 1.a
MY Commission Expires Mzfch 2p, 1
Approved as to Form
Bonded by American Fro & Casualty
George G. Collins, Jr.
County Attorney
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hat
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SEP 2 0 1971
'A
SPECIAL WARRANTY DEED AND QUIT—CLAIM DEED FROM INDIAN
RIVER COUNTY HOSPITAL DISTRICT TO INDIAN RIVER COUNTY ARE HEREBY
MADE A PART OF THE OFFICIAL RECORD.
59
BQot 36. pa26 3
SEP 201978
210495
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED made the 15 day of
1978, by the INDIAN RIVER COUNTY HOSPITAL DISTRICT, a special
taxing district organized by the Legislature of the State of
Florida, hereinafter called the grantor, to INDIAN RIVER COUNTY,
it a political subdivision of the State of Florida, hereinafter called
the grantee:
WITNESSETH: That the grantor, for and in consideration of
the sum of $10.00 and other valuable considerations, receipt where-
of is hereby acknowledged, hereby grants, bargains, sells, aliens,
'! remises, releases, conveys and confirms unto the grantee, all that
certain land situate in Indian River County, Florida, viz:
Parcel 1 - Lots 1 through 7, inclusive, Block 6,
Orig al Town of Vero, according to the plat thereof
filed in the office of the Clerk of the Circuit Court,
St. Lucie County, Florida, in Plat Book 2, page 12,
said lands now lying and being in the City of Vero
Beach, Indian River County, Florida.
SUBJECT to zoning, easements, conditions, reservations,
restrictions and rights-of-way of record.
SEP 20 1978
TOGETHER with all improvements thereon.
Parcel 2 - Lot 1 and North one-half Lot 2, Block 3;
otos3, 4, 5, 6, 7, 8, 9, 10 and 11, Block 3; Lots
1, 2, 6 and 7,*Block 4; all in Booker T. Washington
Addition, according to the plat filed in the office
of the Clerk of the Circuit Court'of St. Lucie County,
Florida, in Plat Book 2, page 34, now a part of the
public records of Indian River County, Florida. Said
land lying and being in Indian River County, Florida.
SUBJECT to zoning, easements, conditions, reservations,
restrictions, and rights-of-way of record.
i
TOGETHER with all improvements thereon.
Parcel 3 - Lots 3, 4 and 5, B1ock.5; West one-half Lot
all of Lots 2, 3,'7, 8, 9 and 10, Block 6; Lots 4;
6, 7 and 8, Block 7; all in Booker T. Washington Addi-
tion, according to plat thereof filed in Plat Book 2,
page 34, public records of St. Lucie County, Florida, now
apart of the public records of Indian'River County, Florida.
SUBJECT to zoning, easements, conditions, reservations,
restrictions, and rights-of-way of record.
504�
Boa : w264
93
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SUBJECT to and the grantor reserves the right to use the
warehouse situate on Lots 3, 4, and 5, Block 5, for storage
for a period of not longer than two (2) years from the
date of this Special Warranty Deed.
TOGETHER with all improvements thereon.
Parcel 4 - Lot 5,.Block 7, Booker T. Washington Addition,
according to the plat thereof filed in the office of the
Clerk of the Circuit Court of St. Lucie County, Florida,
in Plat Book 2, page 34, said lands now lying and being
E in the City of Vero Beach, Indian River County, Florida.
r; •
j SUBJECT to zoning, easements, conditions, reservations,
restrictions,,and rights-of-way of record.
i
TOGETHER with all improvements thereon.
�! TOGETHER, with all the tenements, hereditaments and appurten-
ances thereto belonging or in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
AND the grantor hereby covenants with said grantee that the
grantor is lawfully seized of said land in fee simple; that the
grantor has good right and lawful authority to sell and convey
said land, and hereby warrants the title to said land and will de-
fend the same against the lawful claims of all persons claiming
by, through or under the said grantor.
IN WITNESS WHEREOF, the said grantor has caused these presents
to be executed in its name and its seal to be hereunto affixed, by
its proper officers thereunto duly authorized, the day and year
first above written.
Signed, Sealed and Delivered
in the Presence of:
WIL 9.
s to C airman st. Secty.
1.
INDIAN RIVER COUNTY HOSPITAL DISTRICT
-2-
n
Gmiet, Hssz: aecty.
(SEAL).
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0513P�6E0495
36 PAr,F265
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
BEFORE ME, the undersigned authority, this day personally
appeared J. Dale Sorensen and.B.H. Emlet to me well known and
known to me to be the individuals described in and who executed
the foregoing instrument as Chairman of the Board of Trustees
and Assistant Secretary of the Board of Trustees, respectively,
of the special taxing district named in the foregoing instru-
ment, and they severally acknowledged to and before me that
they executed said instrument on behalf of and in the name of
said special taxing district as such officers; that the seal
affixed to said instrument is the corporate seal of said special
taxing district and that it was affixed thereto by due and regular
authority; that they are duly authorized by said special -taxing
district to execute said instrument and that said instrument
is the free act and deed of said special taxing district.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal this 15 day of
19'1 .
Notary Publi ' tate ot Florida
at Large. My Commission Expires.
This Instrument Prepared By:
William J. Stewart, Esc{.
Gould, Cooksey, Fennell, Appleby
i; & McKinnon, P.A.
Post Office Box 760
Vero Beach, Florida 32960
-3-
(NOTARY SEAL)
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Baal 36 PAGE 266
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Baal 36 PAGE 266
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21049'7
QUIT -CLAIM DEED
This Quit -Claim Deed, executed this 1,5 day of
1978, by the INDIAN RIVER COUNTY HOSPITAL DISTRICT, a special
taxing district organized by the Legislature of the State of
Florida, and having its principal place of business at 1000 36th
jfStreet, Vero Beach, Florida, first party, to INDIAN RIVER COUNTY,
�+ a political subdivision of the State of Florida, whose post office
11address
is Indian River County Courthouse, 2145 14th Avenue,
Vero Beach, Florida, second party:
WITNESSETH
That the said first party, for and in consideration of the
sum of ten ($10.00) dollars and other valuable consideration
in hand paid by the said second party, the receipt whereof is here-
by acknowledged does hereby remise, release and quit -claim unto the
:second party forever, all the right, title, interest, claim and
demand which the said first party has in and to the following
described lot, piece or parcel of land, situate, lying and being
i!
in the County of Indian River, State of Florida, to -wit:
Parcel 1 - Lots 8 through 14, inclusive, Block 6,
rim genal Town of Vero, according to the plat thereof
filed in the office of the Clerk of the Circuit Court,
St. Lucie County, Florida, in Plat Book 2, page 12,
said lands now lying and being in the City of Vero
Beach, Indian River County, Florida.
SUBJECT to zoning, easements, conditions, reservations, re-
strictions, reversions and rights-of-way of record.
TOGETHER with all improvements thereon.
Parcel 2 - All of Block 7 and Block 8 (including vacated
3 t Evenue between 25th Street and 26th Street) according
to the plat thereof filed in the office of the Clerk of
the Circuit Court, St. Lucie County, Florida, in Plat Book
2, page 12. Said lands now lying and being in the City
of Vero Beach, Indian River County, Florida.
SUBJECT to zoning, easements, conditions, reservations, re-
strictions and rights-of-way of record.
TOGETHER with all improvements thereon except that certain
modular building presently housing the First Party's edical
records department and any and all playground equipment
and fencing installed on the above described property
adjacent to the pediatric ward of First Party's hospital.
11
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TO HAVE AND TO HOLD the same together with all and singular
the appurtenances thereunto belonging or in anywise appertaining,
and all the estate, right, title, interest, lien, equity and claim
whatsoever -of the said first party, either in law or equity, to
the only proper use, benefit and behoof of the said second party
forever.
IN. WITNESS WHEREOF the said first party has caused these
'presents to be executed in its name and its seal to be hereunto
Jaffixed, by its proper officers thereunto duly authorized, the
#day and year first above written.
Signed, Sealed and Delivered INDIAN RIVER COUNTY HOSPITAL DISTRICT
in the Presence of:
BY : • / ,��..�....
Da Sorensen, Chairman
A EST BY:, Z
s to C airman Asst. Secty. m e¢, "sst. Secty.
(SEAL)-*'
,STATE OF FLORIDA
COUNTY OF INDIAN RIVER
BEFORE ME, the undersigned authority, this day personally
appeared J. Dale Sorensen and B. H. Emlet to me well known
and known to me to be the individuals described in and who
executed the foregoing instrument as Chairman of the Board of
'.Trustees and Assistant Secretary of the Board of Trustees, respective-
ly, of the special taxing district named in the foregoing instru-
ment, and they severally acknowledged to and before me that
they executed said instrument on behalf of and in the name of
said special taxing district as such officers; that the seal
affixed to said instrument is the corporate seal of said special
taxing district and that it was affixed thereto by due and regular
authority; that they are duly authorized by said special taxing
district to execute said instrument and that said instrument
is the free act and deed of said special taxing district.
,a 4 o oa$i IN WITNESS WHEREOF, I have hereunto
set
my hand and
E• � U a } affixed my
official seal this ► S
day
of ,
1�
�r
�1911
�-'�`.`� �?btu 1�� ti'-`�I�
'i{:, .?• ,���Nvtary
Public,
tate of Florida
..•., at Large.
My
Commission Expires:
1 ! M 4 d"S ( d3S 8161
Oj
(NOTARY SEAL)
a
LETTER FROM THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
REINSTATING THE COUNTY'S ELIGIBILITY FOR THE SALE OF FLOOD INSURANCE
AS OF AUGUST 31, 1978, IS HEREBY MADE A PART OF THE MINUTES.
SEP 2 01978
I
v
4
1
+ j I+c# DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
f FEDERAL INSURANCE ADMINISTRATION
WASHINGTON. D. C. 20410
SEP 13 1978 IN REPLY REFER TO$
.
aA
CERTIFIED MAIL k� j
RETURN RECEIPT REQUESTED ��'�. 0 i
C.
Mr. William Wodtke l �
,, ss�ory YTy � �v
Chairman, Board of County Commissioner
Indian River County Courthouse c``�t•`GtG•��yt,�L
14th Avenue
Vero Beach, Florida 32960 '
Dear Mr. Wodtke: e
Based on our review of the Indian River County's flood plain management
measure which was submitted to meet the requirements of Section 1910.3(e)
of the National Flood Insurance Program regulations, we find that it
satisfactorily meets the Program requirements at this time. On the basis
of our acceptance of your submission and pursuant to Section 1909.24 of
these regulations, the County's eligibility for the sale of flood
insurance will be reinstated, effective August 31, 1978.
The Flood Insurance Rate Map, which shows the base flood elevations
established for the Indian River County, became effective on July 3, 1978.
This date indicates the effective date for the authorization of the sale
of first and second layer flood insurance coverage at actuarial rates for
all new construction and substantial improvements to existing structures
within your community. First layer coverage on structures built prior to
July 3, 1978, will continue to be made available at subsidized rates,
unless substantial improvements are made to the structures.
The actuarial rate zones applicable to your community are indicated on the
Flood Insurance Rate Map (FIRM). You should be aware that actuarial rates
for insurance on a structure increase as the first floor elevation of the
structure decreases below the base flood levels established for your
community. in addition, it should be pointed out that on the effective
date -of the FIRM, the FIRM supersedes all previous maps for the purpose of
determining whether individual properties are located inside or outside
the area having special flood hazards; and, after that date, new
construction will be charged actuarial rates which may be higher if the
construction is not built in compliance with the flood plain management
requirements of the National Flood Insurance Program.
We hope the effective administration and enforcement of your adopted flood
plain management regulations will enable your community to substantially
reduce its future flood losses through the wise management of its flood
plains.
You should keep us advised, through your annual report, of any problems
associated with the administration of these regulations and of any
variance granted for construction not in accordance with the adopted
standards.
Sincerely,
Gloria M. Jimenez
Federal Insurance Administrator
BY icholas La y
Director
Flood Plain Management Division
Office of Flood Insurance
SEP 2 0 197j
A
THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING
BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND
WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND NOS,
59085 - 59224 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN
THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED
FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE
BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE
TO SUCH RECORD AND LIST'SO RECORDED BEING MADE A PART OF THESE
MINUTES.
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED
AND CARRIED, THE BOARD ADJOURNED AT 3:00 O'CLOCK P.M.
ATTEST:
CLERK CHAIRMAN
m�
67