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HomeMy WebLinkAbout5/9/1979WEDNESDAY, MAY 9, 1979 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, MAY 9, 1979, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLARD W. SIEBERT, .JR.; R. DON DEESON; AND PATRICK B. LYONS. ALSO PRESENT WERE .JACK G. .JENNINGS, COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JEFFREY K. BARTON, FINANCE OFFICER; BAILIFF DAN FLEISCHMAN; AND VIRGINIA HARGREAVES AND .JANICE CALDWELL, DEPUTY CLERKS. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER SIEBERT LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND J. CHALMES HOLMES, FIRST BAPTIST CHURCH, GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF APRIL 18, 1979. COMMISSIONER LYONS NOTED THAT ON PAGE 12, LINE 7 AND PAGE 13, LINE S, "AFFECT" SHOULD BE CHANGED TO "EFFECT." CHAIRMAN WODTKE NOTED ON PAGE 17, LINE 6, "OR" SHOULD BE CHANGED TO "OF." HE CONTINUED THAT ON PAGE 32, THIRD LINE FROM BOTTOM OF THE PAGE, THE WORD "NOT" SHOULD BE REMOVED. COMMISSIONER DEESON REFERRED TO PAGE 53, LAST PARAGRAPH, AND REQUESTED THE FOLLOWING BE INSERTED AFTER "NORTH." - "; AND THE BOARD ' REQUESTED THE PLANNING DEPARTMENT STUDY AND BRING BACK A RECOMMENDATION ON GOVERNMENT LOT 1." THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF MAY 9, 1979, THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL SESSION OF APRIL 26, 1979. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL SESSION OF APRIL 26, 1979. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM FOR 11ILLIAM J. -PETERS. Boa 40 PAGE 20 MAY 91979 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM FOR THE FOLLOWING: STANLEY C. LOTT RICHARD PAUL COOK LUCIANO JOHN ZAMMUTO MARION NATHANIEL HARGETT WILLIAM H. SEUGLING ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PROVIDE FUNDS FOR LIABILITY AND COLLISION INSURANCE FOR FIRE TRUCKS OWNED BY THE COUNTY, FROM THE GENERAL FUND, AS FOLLOWS: ACCOUNT TITLE ACCOUNT N0, INCREASE DEc_BE.A_S� INSURANCE 01-3211-330.00 $2,000.00 RESERVE FOR CONTINGENCIES. 01-9990-701.00 $2,000.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PROVIDE FUNDS FOR EXPENDITURES ON THE INDIAN RIVER COUNTY - SOUTH COUNTY TAXING DISTRICT, FROM THE GENERAL FUND, AS FOLLOWS: AccQUNT TITLE ACCOUNT NO. INCREAU DECREASE -RESEARCH & STUDIES 01-2780-320.00 $40,000.00 RESERVE FOR CONTINGENCIES 01-9990-701.00 $40,000.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO PROVIDE FUNDS, FROM THE ROAD AND BRIDGE FUND, FOR THE MISCELLANEOUS EXPENSE ACCOUNT AND OFFICE SUPPLIES ACCOUNT DUE TO THE STOCKING OF THE WAREHOUSE IN THE ROAD AND BRIDGE DEPARTMENT, AS FOLLOWS: AccQUNT TITLE. ACCOUNT NO, INCREASE DEcREA MISCELLANEOUS EXPENSE 02-4102-204.00 $2,00040 OFFICE SUPPLIES 02-4102-205.00 $1,000.00 RESERVE FOR CONTINGENCIES 02-9990-701.00 $3,000.00 ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE -BOARD UNANIMOUSLY APPROVED THE CHAIRMAN`S SIGNATURE RE THE FOLLOWING 2 MAY 91979 BOOK 4a PACE 20 7 J DEPUTIES APPOINTED BY SHERIFF .JOYCE: ROBERT B. YATES, JR. TIMOTHY P. MICHAEL JAMES W. THOMAS BERTRAM A. BACH ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR JUDITH A. WAKEFIELD, COUNTY EXTENSION DIRECTOR, AND PETE SPYKE, AGRICULTURAL SPECIALIST, AS FOLLOWS: JUDITH A. WAKEFIELD: MAY 12 - 13 ORLANDO AREA 4-H HORSE SHOW, SHE WILL BE DOING (WEEKEND) THE BOOKKEEPING. MAY 15 STUART PLANNING MEETING FOR 4-H CAMP MAY 21 - 25 GAINESVILLE CLOTHING TRAINING JUNE 2 COCOA DISTRICT JUNIOR 4-H EVENTS PETE SPYKE: MAY 17 LAKE ALFRED QUARTERLY CITRUS AGENTS ASSOC. MEETING ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAY ROLLS, COUNTY COURT, APRIL TERM, 1979, IN THE AMOUNT OF $120.94 AND $106.86; AND THE APPROVAL OF STATE WITNESS PAYROLL, CIRCUIT COURT, SPRING TERM, 1979, IN THE AMOUNT OF $116.72. THE FOLLOWING REPORT WAS RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: • REPORT OF CONVICTIONS, CIRCUIT COURT, MONTH OF APRIL, 1979. INTERGOVERNMENTAL COORDINATOR THOMAS REPORTED THAT THE MATTER OF THE SEBASTIAN VOLUNTEER AMBULANCE SERVICE, REGARDING THE INSURANCE PREMIUM ON THE AMBULANCE, CAN BE DROPPED FROM THE AGENDA AS THAT ORGANIZA- TION PLANS TO PAY FOR THE PREMIUM THEMSELVES. THE BOARD NEXT TOOK UP A REQUEST FROM BENJAMIN C. SIMPSON OF KUNDE, DRIVER, SIMPSON & ASSOCIATES, INC. REGARDING ADDITIONAL PAYMENT, AS PER THE FOLLOWING LETTER: 3 MAY 91979 EOOK 40 PACE 08 I Kunde. Driver. Simpson & Associates, Inc. Engineers / Architects 1 Planners I Surveyors Jack G. Jennings County Administrator Indian River County 2145 - 14th Avenue Veru Beach, Florida ;2960 Pear Mr. Jennings: April 17, 1979 HE: Indian Piver ,Cuiirtty - (i.undber•q Itd . , 87t.11 S L I -Co t & 101st Avenue, Hobart Road) I am attaching hereto a tabulation.of work performed by our company on the above projects for which we would like to request -add itional compensation as extra work. You will recall that at the time we were: assembling they information relating to these projects, there was neon ivr ccrisiderable haste in that we were attempting to have com- pleted plans to the: Department of Transportation on a verr•v restricted schedule, which we were tula would, enable indr.atr River County to utilize federal funds for construction of these projects. In order to meet that time scho,dule, we dove•loped out, proposal hurredly and with the idea in mina of Wowing gttivk1v througn the review and approv�:rl, pro�c o:�s with the Vo:partwt.ttt of Transportation since our schedule simply would prr•atit. rte, other course of action. Subsequent to our initial submittal for I.utiiuurd as you know, Ott, sc•hodule was vaso!d substantially .itd ro•n- siderable work was*dreniod to be required by the• r•rviewing engineers in the Dcpartnu•nt of Tranr;portotion which simply was nut a part of our original proposal. The specific items for which additional compensation is required are: 1. Pavement marking and sign plans The Department of 'Transportation requirements for pavement marking and signing necessitated the redrafting of all three projects on a Ito 50 scale with details of each sign and each pavement.line for submittal to 'Tallahassee. In bpite, of out- question at that time as to the need for such plans, the Department of Trans- portacion insisted they were necessary. They have since that Lime concurred in our argue- ment that such plans are redundant and no longer* require Uiem. At the time that. •w(: drafted our original proposal we had no idea that such plans would be required and are therefore requesting additional compensation for this item. BOOK 40 PAGE 209 MAY 9.1979 . 2. Right -of -Way coordination and sketches Our original proposal was predicated on information which indicated that all of the right-of-way required for these projects would be in hand and that no effort on our part would be required. As it turned out we were involvr_d in the resolution of the right-of-way on Lundberg Road, in the prep- aration of right-of-way sketches for both 87th Street and 101st Avenue. 3. Permits Our original proposal included :an item for the sketches roquired iii the submittal cit application to the D.E.H. .arta others for permits. In order to facilitate tho acquis- ition of permits of various kinds, we propared the applications, submitted them to the D.E.R., and followed up with the right-of-way iflid- avits and other administrative work. 4. Quantity booklets This item was required by the. Department of Transportation and is not normally required for construction jobs of this nature. The item was not included as a part of our proposal due to our understanding that such booklets would not be required. 5. Design revisions after 1st and 2nd phase review As we pointed out in the opening paragraph of this communication, our proposal was based on avoiding phase review •-ntirely due; to the com- pressed schr.dule: for eie;livery of these plans to the Department of Transportation. As it turned out phase reviews were required. In itself this presented no difficulty. However, after receiving pavcmcnt design approval and typical section approval, the Tallahassee; office insisted that certain changes be made after the plans were completed. The changes resulted in some alternate pavement design work, as well ars grade: changes on Hobart Road due to an increase in design speed. The total additional effort amounts to: Direct labor charges of $ 8,545.63 to which has bet -rt added: lU8°ro for overhead which is -9,212e.3.28 f; 27% for f r i nqe bt.-tief i is - 2 , 307.32 which totals to - $ 20,082.23 plus operating margin f of 10% - - $ 2,008.22 which makes it Grand Total / of extra work - $ ' 22,0eJU.45 Once again as a part of our proposal we anticipated that we would be required to design a small- bridge on Hobart Road which as it turned out was not required, The total included in the original proposal for the bridge design including overhead,'fringe benefits, and operating margin amounts to $11,451.00. Credit is allowed due to the fact that no work was -performed on this item. The balance then for extra work less the credit for bridge design not required, is $10,639.45. BOOK 40 - PAGE 210 MAY 9 1979 I am respectfully requesting your consideration for a claim in this amount which can be made a supplemental agreement to our present contract since the contract has not been closed out. I trust you will find the information contained herein sufficient, however if additional clarif- ication is desired I will be glad to discuss it. further with you. Yours very truly, KUNDE,•DRIVER, SIMPSON & ASSOC.,INC.. '�"�c. ,• ...ter ! ,- G Benjamin C.. Simpson, P.E. Vice President BCS:dr encl.' INDIAN RIVER COUNTY EXTRA WORK TABULATION Pavement Marking & Sign 400 hrs @ 7.79 _ $ 3,116.00 R/W Coordination & Sketch 138 hrs @ 7.79 = 1,079.02 Permits 219 hts @ 7.79 - 1,706.01 Quantity Cooks 220 hrs 0 7.79 _ 1,713.80 Design Revisions after lst & 2nd Phase Review s 120 hrs @ 7.79 - 934.80 Total: 8,545.63 +1.08 = 9,229.28 +0.27 - 2,307.32 Total _ 20,082.23 • o +10% - 2,008.22 ' 22"Q90.45 Credit for structure _ 11;451.00 .. TOTAL DUE _ $ 10,639.45 ADMINISTRATOR ,JENNINGS COMMENTED THAT THEY ARE ENTITLED TO THE PAYMENT AS ADDITIONAL WORK WAS IMPOSED ON THEM BY THE DOT. I �oaK 40 PAGE jII MAY 19 1979 COMMISSIONER LYONS EXPRESSED CONCERN ABOUT THE LENGTH OF TIME INVOLVED - 400 HOURS - FOR THE ENGINEERING WORK ON THE PAVEMENT MARKING AND SIGN PLANS, AND FELT IT WAS RATHER HIGH. ADMINISTRATOR .JENNINGS STATED THAT THE BOARD'MIGHT BE MORE SATISFIED TO HOLD THIS IN ABEYANCE NOW AND HAVE MR. SIMPSON BE.PRESENT AT THE NEXT MEETING TO EXPLAIN THIS MATTER, AND THE BOARD AGREED WITH MR. .JENNINGS' SUGGESTION. SHERIFF SAM T. .JOYCE APPROACHED THE BOARD AND PRESENTED THEM WITH A PLAQUE OF THE GREAT SEAL OF THE STATE OF FLORIDA, COMMENTING THAT HE FELT THE COMMISSION CHAMBERS SHOULD HAVE SOMETHING ADORNING ITS WALLS REPRESENTING THE STATE OF FLORIDA. CHAIRMAN WODTKE ACCEPTED THE GREAT SEAL OF THE STATE OF FLORIDA WITH GRATITUDE AND EXPRESSED DEEP APPRECIATION ON BEHALF OF ALL THE BOARD MEMBERS.' HE INSTRUCTED COMMISSION SECRETARY FORLANI TO PLACE A NOTE WITH INFORMATION ABOUT TODAY'S PRESENTATION ON THE BACK OF THE PLAQUE. SHERIFF .JOYCE•ALSO PRESENTED THE BOARD WITH A BOOK GIVING PERTINENT INFORMATION REGARDING THE VARIOUS STATE OFFICIALS, COMMISSIONER SIEBERT ASKED ABOUT THE PROPERTY AROUND THE LAKE AT ST. FRANCIS MANOR, ADJOINING THE SHERIFF'S DEPARTMENT PARKING LOT, ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AGREED TO ADD THE ITEM OF ST, FRANCIS MANOR TO THE AGENDA. ADMINISTRATOR JENNINGS REPORTED THAT HE, ASSISTANT ADMINISTRATOR NELSON, AND SHERIFF .JOYCE WENT TO ST. FRANCIS MANOR TO REVIEW A POSSIBLE SOLUTION TO THE PROPERTY LINE DISCREPANCY. MR. JENNINGS PRESENTED MAPS TO THE BOARD SHOWING WHERE THERE WAS A SMALL OVERLAPPING OF BOUNDARY LINES IN ONE AREA AND STATED THAT THE PROPERTY WAS SURVEYED, THE DE- SCRIPTIONS WERE WRITTEN, THE AREA WAS STAKED OFF, BUT THE PROGRESS STOPPED THERE,AND NO DOCUMENTATION CAN BE FOUND. MR. JENNINGS THEN ASKED IF THE BOARD WOULD AUTHORIZE HIM TO HAVE A SURVEY MADE SO THE COUNTY CAN MAKE WHATEVER ADJUSTMENTS ARE NECESSARY IN ORDER TO GET THE ADDITIONAL PROPERTY FOR ST. FRANCIS MANOR. HE CONTINUED THAT THE CITY 7 MAY 9-1979 BOOK .40 PAGE 212 I PLANNER CALLED TO ADVISE HIM THAT THEY NEED ABOUT 25,000 SQ. FT. IN ADDITION TO WHAT THEY HAVE -AT ST. FRANCIS MANOR, BUT MR. ZORC FELT THAT 27,000 SQ, FT. WAS NEEDED. HE EMPHASIZED THE IMPORTANCE OF HAVING THIS PROPERTY SURVEYED AND A PLAT MADE TO PUT IT IN ITS PROPER PERSPECTIVE. ATTORNEY COLLINS AGREED WITH THE ADMINISTRATOR. PETE MUSICK THEN APPROACHED THE BOARD AND A DISCUSSION WAS HELD WITH SHERIFF .JOYCE AND ADMINISTRATOR .JENNINGS, AND IT WAS DECIDED THAT THE PROPERTY BE SQUARED OFF WITH CORNERS, FLAGS ERECTED, AND HAVE THE RECORDED INSTRUMENTS COINCIDE WITH WHAT IS ACTUALLY ON THE GROUND. FRANK ZORC REPORTED THAT HE WAS ADVISED BY THE TITLE COMPANY THAT THE COUNTY RETAINS TITLE TO THE PROPERTY, ACCORDING TO PUBLIC RECORDS. ON MOTION MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO HAVE THE NECESSARY SURVEYS AND PLATS PREPARED OF THE PROPERTY INVOLVED AT ST, FRANCIS MANOR AND THE SHERIFF'S DEPARTMENT, AND MAKE ALL THE REVISIONS NECESSARY TO ESTABLISH THE CORRECT BOUNDARY LINES.• MR. ZORC INTERJECTED THAT THERE IS AN ADDITIONAL 40' OF LAND ON THE WEST END OF THE ST, FRANCIS MANOR LOCATION THAT THE COUNTY GAVE VERBAL PERMISSION TO USE AS A PARKING AREA. HE SUGGESTED THAT. IF THEY RAN SHORT OF SQUARE FOOTAGE BACK BY THE LAKE, THAT STRIP OF LAND, WHICH IS 40' x 540', WOULD BE ADEQUATE, IF THE COUNTY WOULD BE WILLING TO CONSIDER IT. COMMISSIONER LYONS REPLIED THAT HE FELT THE SURVEY WOULD REVEAL ALL THE NECESSARY INFORMATION. ADMINISTRATOR JENNINGS STATED THAT HE WOULD MOVE ALONG AS RAPIDLY AS HE COULD BUT HE WOULD PROBABLY BE FACED WITH DELAYS BEYOND HIS CONTROL, AND, THEREFORE, CANNOT GIVE AN EXACT DATE WHEN THIS MATTER WILL BE COMPLETED. ZONING DIRECTOR DEWEY WALKER APPROACHED THE BOARD FOR A RELEASE OF EASEMENT IN ROYAL POINCIANA PARK, AS REQUESTED BY WILLIAM J. INGRAM, HE CONTINUED THAT HE HAS MADE A STUDY OF THIS AREA AND THAT THE DRAINAGE GOES DOWN THE CENTER LOT LINE BETWEEN LOT 2 AND LOT 19. 8 MAY 91979 -1100K4®. PAGE HE SHOWED THE BOARD VARIOUS PHOTOGRAPHS OF THE PROPERTY IN QUESTION. MR. WALKER STATED THERE IS NO EASEMENT ON THE SIDE LOT LINE ON ADJOINING LOT 3.AND THERE IS A 10' EASEMENT FOR PUBLIC UTILITIES ON THE REAR LOT LINES. HE CONTINUED THAT MR. INGRAM WOULD LIKE TO ERECT A FENCE ON THE BACK LOT LINE; THEREFORE, HE WOULD LIKE TO CHANGE THE EXISTING EASEMENT FROM THE EAST SIDE TO THE SOUTH SIDE OF THE PROPERTY. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 79-46 APPROVING THE RELEASE OF EASEMENT ON THE EAST OF LOTS 1 AND 2, BLOCK 15, ROYAL POINCIANA PARK, No. 2, SUBJECT TO THE GRANTING OF A 10' EASEMENT ON THE SOUTH SIDE OF LOT 2, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN; DOCUMENTS TO BE PREPARED AT THE EXPENSE OF THE APPLICANT. LONING DIRECTOR WALKER NEXT APPROACHED THE BOARD FOR RELEASE OF EASEMENTS IN PARADISE PARK, UNIT 2, AS REQUESTED BY OWNER B. F, CHAMBERLAIN. MR, WALKER CONTINUED THAT THE OWNER IS ASKING FOR AN ABANDONMENT OF 5' EASEMENTS ON SIX LOTS, AND HE WOULD RECOMMEND THAT NEW DRAINAGE BE ESTABLISHED, POSSIBLY ON THE NORTH LOT LINES, ATTORNEY JOSEPH R. CIANFRONE REPRESENTED MR, CHAMBERLAIN, AND STATED THEY ARE REQUESTING RELEASE OF EASEMENTS SO THAT THE OWNER CAN BUILD ONE BUILDING IN THE CENTER OF THE PROPERTY, AND THE DRAINAGE WILL BE TAKEN CARE OF. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, TO TABLE THIS MATTER UNTIL SATISFACTORY DRAINAGE CAN BE WORKED OUT AND PRESENTED TO THE BOARD. ATTORNEY CIANFRONE ADVISED THAT THEY WOULD BE WILLING TO USE MR. WALKER'S PROPOSAL OF HAVING NEW DRAINAGE ON THE NORTH LOT LINES OF LOTS 4 AND 23. ADMINISTRATOR KENNINGS REPORTED THAT PARADISE PARK HAS VERY CRITICAL DRAINAGE PROBLEMS AND SUGGESTED THAT THEY HAVE AN ENGINEER PREPARE AN ULTIMATE DRAINAGE PLAN SHOWING THE RUN-OFF. DISCUSSION FOLLOWED ALONG THOSE LINES. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. '0 MAY 91979°aK PAGE X14 ZONING DIRECTOR WALKER AGAIN APPROACHED THE BOARD FOR A RELEASE OF EASEMENT IN KING'S HIGHLANDS SUBDIVISION, AS REQUESTED BY REVEREND BENDER. HE STATED THAT THERE ARE NO SIDE LOT LINE DRAINAGE DITCHES AND SAW NO REASON WHY THE EASEMENT COULD NOT BE ABANDONED AS THE DRAINAGE DITCHES ARE ESTABLISHED ON THE BACK SIDE OF THE LOTS, WHICH COULD BE CLEARED. ADMINISTRATOR JENNINGS STATED HE SAW NO OBJECTION TO THE RELEASE OF EASEMENT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 79-47 APPROVING THE RELEASE OF EASEMENT OF THE SOUTH SIDE LOT LINE OF LOT 1 AND THE NORTH SIDE LOT LINE OF LOT Z, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN; DOCUMENTS TO BE PREPARED AT THE EXPENSE OF THE APPLICANT. ZONING DIRECTOR WALKER THEN DISCUSSED WITH THE BOARD A LETTER FROM ATTORNEY CHESTER E. CLEM REQUESTING AN AMENDED RELEASE OF EASEMENT, AS FOLLOWS: in MAY 91979 BOOK 40 PACE X15 • LAW OFFICES OF JACKSON & CLEM PROFESSIONAL ASSOCIATION ROBERT JACKSON CHESTER E. CLEM Mr. Jack Jennings County Administrator Indian River County Courthouse Vero Beach, Florida 32960 Dear Mr. Jennings: 2185 ISTN AVENUE P. O. BOX. 2397 VERO BEACH, FLORIDA 32960 TELEPHONE 567.4393 AREA CODE 303 April 25, 1979 13 j 11 0. r' C fw' S 0 I represent Thomas E. Hare and Deanne J. Hare, the owners of Lots 6, 7 and 8, Block A, of Granada Gardens Unit 1, according to the Public Records of Indian River County. Some time back, I obtained a release of the side lot line ease- ments on these lots butomitted to state in the Resolution and Release that it related to "Block A." I am enclosing 'a copy of my original request letter, together with a.copy of the Resolution and Release of Easement, as finally adopted, which points out the problem. Accordingly, I would appreciate your making the necessary corrertion on Resolution No. 78-25 and having the enclosed Amended Release of Easement executed and returned to me for recording. Your cooperation herein is appreciated. Since, � 'yours, Chester E. Clem CEC:sg Encls. ATTORNEY COLLINS RECOMMENDED THE BOARD APPROVE THE REQUEST. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADOPTED.RESOLUTION N0. 79-42 AMENDING RESOLUTION N0. 78---25, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. MAY 91979 11 BOOK 40 PAGE $16 I RESOLUTION NO. 79- 42 AMENDING RESOLUTION NO. 78-25 WHEREAS, the Board of County Commissioners of Indian River County, Florida, has been requested to release the side lot line easements of Lots 6, 7 and 8, Block "A", of GRANADA GARDENS, UNIT 1' according to the plat thereof filed in the office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 3, Page 91, and WHEREAS, said side lot easements were dedicated on the Plat of GRANADA GARDENS SUBDIVISION for public utility purposes, and WHEREAS, the request for such release of easement has been submitted in proper form; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM- MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following side lot line easements in GRANADA GARDENS UNIT 1 shall be re- leased, abandoned and vacated as follows: The side lot line easements running from North to South along Lots 6, 7 and 8, Block "A", of GRANADA GARDENS UNIT 1, as recorded in Plat Book 3, Page 91, Public Records of Indian River County, Florida. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners and the Clerk of the•Circuit Court be, and they are hereby authorized and directed to execute a release of said lot line easements hereinabove referred to in form proper • for recording and placing in the Public Records of Indian River County, Florida. This 9th day of 'May 1979. BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA By William C. Wo t -e, Chairman Attest: re a Wright RQOK 4u PA�f MAY 91979 AMENDED RELEASE OF EASEMENT THIS Release of Easement, executed this 9th day of 11aY , 1479 by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, first party, to THOMAS E. HARE and DEANNE J. HARE ' whose post office address is 118 S W 11th Street, Vero Bah„ Flnridn, i7QrNn + second party: WITNESSETH: That the said first party, for and in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by the said second party, does hereby remise, release, abandon and quit -claim unto the said second party forever, all the right, title, interest, claim and demand which the said first party has in and to the following described easement, lying on land situate in the County of Indian River, State of Florida, to -wit: The side lot line easements running from North to South along Lots 6, 7 and 8, Block 'A' of GRANADA GARDENS UNIT 1, as recorded in Plat Book 3, page 91, Public Records of Indian River County, Florida. The purpose of this Amended Release of Easement is to correct the description in the Release of Easement executed the 5th day of April, 1978, recorded in O.R. Book 565, page 2470, Public Records of Indian River County, Florida. TO HAVE AND TO HOLD the same with all and singular the appurtenances there- unto belonging or in anywise appertaining and all the estate, right, title, interest, equity and claim whatsoever of the said first party either in law or in equity to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents by the parties so authorized by the law the day and year first above written. BOARD OF COUNTY CUMMISSIONERS OF Signed, sealed and delivered INDIAN RIVER COUNTY, FLORIDA !? in the nrccanra nf• By: William C. lbdtke,r', Chairnon Tie wrigat, C . r STATE OF FLORIDA ) COUNTY OF INDIAN RIVER ) ss. I HEREBY CERTIFY that on this day before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared WILLI101 C. WODTKE, JR., as Chairman of the Board of County Commissioners of Indian River County, Florida, a political subdivision of the State of Florida, and FREDA WRIGHT, as Clerk of the Circuit Court, to me known to be the persons duly authorized by said County to execute the foregoing instrument, and they acknow- ledged before me that they executed the same for and on behalf of said'political subdivision. WITNESS my hand and seal in the County and State last aforesaid .this 11th day of rlaY 19 79 . , Stat A1 id,,. at Notary Pu ic, �y2e Large. " commission expires: pip: ^4T PUBLIC STATQ ey rtnuo.4 AT V= MY f"W-11 SI('..[411i ;5 J.,• . 1 ? DONDLD TKU GM -IM IMS. UT40EM"ZITIZ BOOK 40 PAGUE 11 8 MAY 91979 1 THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT: VERO BEACH PRESS-JOURi4AL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a II in the matter of L / in the Court, was pub - fished in said newspaper in the issues of 1T 7 ift L% /-�— Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me (SEAL) day r f(1.t%a ( (Clerk of the Circuit Court, �C° A.D.-= r' ' (rsiness Manager) LJ River County, Florida) NOTICE OF SALE OF REAL ESTATE Pursuant to Florida Statute 12S.35, the Board County Commissioners of Indian River ounty, Florida, will accept written bids to the our of 9:30 o'clock A.M., Wednesday, May 9, 979, for the cash purchase of the following lescribed County properties: Lot 56, Unit 2, Dixie Gardens Subdivision, described on the tax roll as 24-33-39-09.0000- 056.0 Lot 23, Glen Acres Subdivision, described on the tax roll as 11-33.39-22.0000.023.0 The Board of County Commissioners reserve the right to reject any or all of the bids and make awards in any manner which the Board considers to be in the best interest of Indian River County, Florida. All bids shall be for a cash purchase, In writing by legal description as listed above and shall include a check payable to Indian River County for ten percent (10 percent) of the bid price with the balance due five (5) days after acceptance, submitted in an envelope securely sealed and marked on the outside "SEALED BID FOR COUNTY LAND —MAY 9, 1979, AT 9:30 O'CLOCK A.M." The bid may be mailed or delivered to the office of the County Ad- ministrator, Room 115, County Courthouse, 2145 14th Avenue, Vero Beach, Florida 32960. Proposals received -after 9:30 o'clock A.M. May 9, 1979, will be returned unopened. Board of County Commissioners Indian River County, Florida William C. WodtkeJr., Chairman April 27, May 2,1979. THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED AND READ: - LOT 56, UNIT 2, DIXIE GARDENS SUBDIVISION: TIMOTHY HALLETT . $1,900.00 LOT 23, GLEN ACRES SUBDIVISION: .JAMES C. STANLEY $5,1151*00 GARY L. COPUS $2,100.00 WILLIAM & WENDY CAHILL $5,010.00 FRANK L. ZORC $5,111.00 .JAMES L. ROGERS $6,50000 ALL BIDS WERE ACCOMPANIED BY A CHECK FOR 10% OF THE BID PRICE. 14 MAY 91979 poor; 40 FACE 219 G ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ACCEPTED TIMOTHY HALLETT'S BID OF $1,900.00 FOR LOT 56, UNIT 2, DIXIE GARDENS SUBDIVISION; AND JAMES L. ROGERS' BID OF $6,500.00 FOR LOT 23, GLEN ACRES SUBDIVISION. • COMMISSIONER LYONS ASKED WHAT WOULD TRANSPIRE IF THE.BID TRANSACTION WERE NOT COMPLETED WITHIN THE SPECIFIED TIME. INTERGOVERNMENTAL COORDINATOR THOMAS REPLIED THAT THE CHECKS ARE RETURNED AND REBIDDING TAKES PLACE, ATTORNEY COLLINS AFFIRMED THAT REBIDDING IS THE SAFEST APPROACH TO TAKE, AS THE STATUTES STATE THAT THE HIGHEST BIDDERS ARE AWARDED THE BID. INTERGOVERNMENTAL COORDINATOR THOMAS COMMENTED THAT THE ADJA- CENT PROPERTY OWNERS ARE ALWAYS NOTIFIED AND ADVISED THAT AN APPRAISAL OF THE PROPERTY' IS AVAILABLE AT HIS OFFICE. DANA HOWARD, OF CARTER ASSOCIATES, INC., APPROACHED THE BOARD REGARDING A REQUEST FOR TENTATIVE APPROVAL OF HIDEAWAY COVE, OWNED BY LARRY CATRON. WENDY LANCASTER, OF THE PLANNING DEPARTMENT, DISPLAYED AN AERIAL MAP AND EXPLAINED THAT THE PROPERTY IS LOCATED EAST OF AIA; IS PART OF KANSAS CITY COLONY; IS 1/3 ACRE IN SIZE; AND THAT WATER WILL BE PROVIDED BY A PRIVATE COMMUNITY WATER SYSTEM. SHE CONTINUED THAT THE REQUIREMENTS OF THE SUBDIVISION COMMITTEE HAVE BEEN MET AND STAFF RECOMMENDS TENTATIVE APPROVAL. COMMISSIONER LYONS NOTED THAT THERE ARE 50' TO 60' OF SEA OATS AND SEA GRAPES ADJACENT TO THE BEACH WHICH SHOULD NOT BE DISTURBED, AND ASKED IF THAT HAD BEEN TAKEN INTO CONSIDERATION. COMMISSIONER LOY REPORTED THAT IT WAS RECOMMENDED THAT 150' TO 170' OF NATIVE VEGETATION BE LEFT BETWEEN THE OCEAN AND ANY CON- STRUCTION. MR. HOWARD STATED THAT THEY HAD A SET -BACK OF 167', AND THE BOARD AGREED IT WAS SATISFACTORY. DISCUSSION WAS HELD ABOUT THE DIP IN THE ROAD LEADING TO AIA. ADMINISTRATOR KENNINGS FELT IT WOULD BE BEST TO HAVE IT FULLY LEVEL BEFORE THE ROAD REACHES THE HIGHWAY. 15 MAY 91979 BOOK 40 PAGE X20 ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF HIDEAWAY COVE SUBDIVISION. S. P. MUSICK, AGENT, MADE A PRESENTATION TO THE BOARD IN REGARD TO A REQUEST FOR TENTATIVE APPROVAL OF ROMAR SUBDIVISION, OWNED BY ROLAND MILLER. HE CONTINUED THAT THE SITE IS LOCATED AT THE NORTHWEST CORNER OF STATE ROAD 512 AND 510 AND ZONED COMMERCIAL, AND PRESENTED THE BOARD A COPY OF THE AMENDED PLAN. MR. MUSICK SAID THAT THEY WILL APPLY FOR THE FRANCHISE NOW THAT THE MORATORIUM ON WATER'HAS EXPIRED. HE CONTINUED THAT ADJACENT TO THE 5' EASEMENT, THERE IS 10', MAKING A TOTAL EASEMENT OF 15'. ATTORNEY COLLINS ASKED WHY MR. MILLER WAS KEEPING THE 5' -EASE- MENT AND MR, MUSICK ADVISED HIM HE IS PUTTING THE WATER PIPES THERE. THE ATTORNEY CONTINUED THAT THEY COULD ACCOMPLISH EVERYTHING WITH THE 10' EASEMENT; THAT MR, MILLER DOESN'T NEED THE ADDITIONAL 5'; AND IF APPROVED, IT MAY CAUSE PROBLEMS ALONG THE LINE. DISCUSSION FOLLOWED REGARDING THIS ADDITIONAL 5' EASEMENT. COMMISSIONER LYONS ASKED WHY SHOULD THE BOARD OBJECT TO THE ADDITIONAL 5' EASEMENT IF IT MEETS THE REQUIREMENTS OF THE LAW? ATTORNEY COLLINS REPLIED THAT THE BOARD HAS THE RIGHT TO CREATE STANDARDIZATION AND UNIFORMITY IN INDIAN RIVER COUNTY SO AS TO AVOID PROBLEMS IN THE FUTURE. CHAIRMAN WODTKE REALIZED THAT MR. MILLER MAY BE CONCERNED THAT IF HE SELLS ONE OF THE COMMERCIAL LOTS, THERE MAY NOT BE A RIGHT- OF-WAY TO THE ADJOINING PROPERTY THAT HE OWNS, MR. MUSICK STATED THAT MR. MILLER'S INTENT IS TO GET A FRANCHISE FOR WATER AND RETAIN A 5' EASEMENT. ADMINISTRATOR, .JENNINGS COMMENTED THAT A DEVELOPER.OF A PROPERTY CANNOT HOLD A NUISANCE STRIP - AND GAVE VERO ISLES AS.AN EXAMPLE. DISCUSSION FOLLOWED ABOUT THIS AND THE RAILROAD RIGHT-OF-WAY. ADMINISTRATOR JENNINGS STATED THAT MR, MILLER HAS AGREED TO MEET THE DOT'S NEW REQUIREMENTS FOR HEADWALLS. MAY 91979 BOOK O PAGE 41 MR. MUSICK COMMENTED THAT HE FELT MR. MILLER WANTS TO OWN THE PROPERTY WHERE THE WATER LINE IS INSTALLED. ATTORNEY COLLINS INTERJECTED THAT HE COULD SEE NO LOGICAL REASON FOR PUTTING IN A WATER LINE ON THE 5' STRIP THAT MR, MILLER OWNS, AND HE FELT THAT THIS COULD ALL BE TAKEN CARE OF IN THE DEDICATION. COMMISSIONER LYONS.ASKED IF IT WOULD MAKE A DIFFERENCE IF THE WATER LINES WERE BUILT ON THE PRIVATE PROPERTY OR ON THE EASEMENT? ATTORNEY COLLINS STATED THAT MR. MILLER WOULD BE REQUIRED TO BUILD ACCORDING TO THE SPECIFICATIONS TO ALLOW THE COUNTY TO HAVE ACCESS TO THOSE LINES. COMMISSIONER LOY FELT WE SHOULD PUT THIS ITEM OFF FOR TWO WEEKS AND CONFER WITH MR. MILLER REGARDING HIS INTENTION ON THE 5' LINES. ATTORNEY COLLINS AGREED THAT HE WOULD LIKE MR. MILLER TO IDENTIFY HIS POSITION TO THE BOARD, S. P. MUSICK, AGENT, NEXT REQUESTED FINAL APPROVAL FROM THE BOARD FOR HALLELUIAH ACRES, OWNED BY EUGENE COBB, AND STATED THAT THERE ARE NOW FIVE LOTS IN THE SUBDIVISION. ADMINISTRATOR .JENNINGS COMMENTED THAT THE PLAT IS IN ORDER; THE DRAINAGE IS IN AND THE OWNERS MUST MAINTAIN IT FOR ONE YEAR BEFORE THE COUNTY ACCEPTS IT; AND HE RECOMMENDED FINAL APPROVAL. ATTORNEY COLLINS STATED THAT THE BOARD WANTED TO PUT•A REQUIRE- MENT ON THE PLAT THAT THE LOTS COULD NOT BE SUBDIVIDED. DISCUSSION FOLLOWED ABOUT SUBDIVISION LAWS AND ORDINANCES, AND IT WAS AGREED THAT THERE IS NO LAW THAT CHANGES ANYTHING LICENSED UNDER A PREVIOUS LAW, ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL OF HALLELUIAH ACRES SUBDIVISION. WILLIAM BIESCHKE CAME BEFORE THE BOARD AT THE REQUEST OF THE AIRPORT AND DEVELOPMENT COMMISSION AND ALSO AS CHAIRMAN OF THE SAFETY AND NOISE ABATEMENT COMMITTEE TO ASK FOR ASSISTANCE IN ALLEVIATING THE PROBLEM OF CONGESTION AT THE AIRPORT. HE NOTED THIS IS NOT ONLY A SAFETY HAZARD AND A NOISE PROBLEM, BUT THE STACKING OF AIRPLANES BECAUSE OF THE OVERCROWDED CONDITIONS WASTES PRECIOUS FUEL. MR, BIESCHKE STATED 17 MAY 91979 X00 40 PA-bc 2) THAT THEY WOULD BE HAPPY TO HAVE A MONETARY CONTRIBUTION, BUT WOULD PREFER A LOAN OF THE COUNTY'S HEAVY EQUIPMENT AND MANPOWER TO ASSIST IN CONVERSION OF THE ABANDONED TAXI-WAY,,WHICH COULD BE USED FOR DAYLIGHT OPERATIONS ONLY. HE EXPLAINED THAT FOR THIS TAXI -WAY TO BE USED, THEY ARE REQUIRED TO HAVE A CERTAIN AREA OF "CLEAR 11 ZONES, WHERE THE AREA IS CLEARED OF BRUSH, PINE TREES, ETC.; SO THE HEAVY EQUIPMENT WOULD BE OF GREATER ASSISTANCE THAN A MONETARY CONTRIBUTION+ HE NOTED THAT THE AIRPORT IS OF BENEFIT TO BOTH THE COUNTY AND THE CITY AND HOPED THE COUNTY WOULD ASSIST THEM. MR. WILLIAM HARRIS, AIRPORT DIRECTOR, PRESENTED DRAWINGS OF THE AIRPORT LAYOUT AND AN AERIAL OF THE PORTION TO BE CLEARED FOR THE 11CLEAR if ZONES, WHICH AMOUNTS TO ABOUT 16-1/2 ACRES. HE STATED THAT THE CITY PUBLIC WORKS DEPARTMENT DOES NOT HAVE EQUIPMENT HEAVY ENOUGH TO HANDLE THIS WORK. COMMISSIONER LYONS INQUIRED HOW MANY MAN HOURS WOULD BE INVOLVED. MR. HARRIS ESTIMATED ABOUT TWO WEEKS FOR THE HEAVILY WOODED EAST AREA AND SEVERAL DAYS FOR THE WESTERN PORTION. THEY WOULD NEED A FRONT END LOADER WITH A 4 CUBIC FOOT BUCKET AND A GOOD SIZE CATERPILLAR BULLDOZER WITH A RAKE BLADE, THE ADMINISTRATOR INQUIRED ABOUT DISPOSAL ARRANGEMENTS FOR THE DEBRIS, AND MR. HARRIS STATED THAT THE CITY ATTORNEY HAS AMENDED THE CITY ORDINANCE SO THE CITY MANAGER CAN ISSUE THEM A BURNING PERMIT, DISCUSSION FOLLOWED ON SMOKE PROBLEMS AND EARTH MOVING AS RELATED TO THE AIR TRAFFIC. COMMISSIONER SOY ASKED IF THE CITY COUNCIL HAS APPROVED THE PROPOSED PROJECT, AND MR, HARRIS STATED THAT IT HAS NOT BEEN BEFORE THE COUNCIL, BUT THE CITY MANAGER AND ONE COUNCILMAN HAVE EXPRESSED SUPPORT. • HE INFORMED THE BOARD THAT THEY HAVE AN APPLICATION ABOUT READY TO BE SUBMITTED FOR A GRANT FOR A NEW RUNWAY, BUT IN THE MEANTIME, THEY HAVE A REAL SATURATION PROBLEM AT THE AIRPORT. MR. BIESCHKE STATED THAT IT WAS THE CITY MANAGER'S SUGGESTION THAT THEY PROCEED WITH THIS PROJECT; COUNCILMAN GREGG IS IN FAVOR OF IT; 18 MAY 91979 BOOK 40 PAGE. 123 AND HE FELT SURE THE CITY COUNCIL WILL LOOK ON IT FAVORABLY, HE NOTED THAT THE STACKING OF PLANES IS COSTING PIPER THOUSANDS OF DOLLARS, COMMISSIONER SIEBERT ASKED IF THERE ISN'T SUFFICIENT REVENUE DERIVED FROM THE AIRPORT TO PAY FOR THIS PROJECT, MR. BIESCHKE STATED THAT THERE IS NOT BECAUSE MOST OF THEIR MONIES ARE ALREADY COMMITTED TO EXPANDING THE TERMINAL AND THE PARKING LOT. THEY ARE OPERATING SLIGHTLY IN THE BLACK,. BUT DO NOT MAKE THAT MUCH MONEY. THEY DO NOT SHARE AT ALL IN THE AD VALOREM TAXES; THEY GET NO HELP ON THE EXPANSION AT ALL,.AND IT WILL HAVE TO COME OUT OF THE AIRPORT FUNDS. CHAIRMAN WODTKE ASKED IF HE IS SAYING THAT THE AD VALOREM TAXES THE CITY CHARGES FOR THE AIRPORT DO NOT GO INTO THE AIRPORT DEVELOPMENT FUND. COMMISSIONER LYONS EXPLAINED THAT THE AIRPORT MONEY GOES BACK FOR MAINTENANCE AND DEVELOPMENT OF THE AIRPORT. THE ONLY MONEY THE CITY GETS IS FOR FIRE AND POLICE PROTECTION AND ADMINISTRATION, MR, HARRIS STATED THAT THE AIRPORT PAYS FOR MAINTENANCE OF THE ROADS AT THE AIRPORT, FOR THE WATER AND 'SEWER LINES, AND ALSO HAS TO PAY FOR FIRE AND POLICE PROTECTION. COMMISSIONER SIEBERT COMMENTED THAT THEY ARE CHARGED FOR EVERY- THING BY THE CITY, BUT WHEN THEY WANT ASSISTANCE, THEY COME TO -THE COUNTY FOR HELP. THE COUNTY GIVES THEM HELP, AND THE CITY CHARGES FOR IT. + COMMISSIONER LYONS STATED THAT THE AIRPORT BUSINESS IS AN ENTIRELY SEPARATE ENTITY FROM WHICH THE CITY RECEIVES NO INCOME, CHAIRMAN WODTKE POINTED OUT THAT THE CITY GETS ALL THE AD VALOREM TAX AND THEN THEY CHARGE FOR ALL THE SERVICES. HOWEVER, THAT IS NOT THE PRESENT ISSUE. THE CHAIRMAN STATED THAT HE WOULD LIKE TO HELP THE AIRPORT VERY MUCH, BUT DOUBTED WHETHER THE COUNTY HAS THREE WEEKS OF TIME TO LEND OUT THIS TYPE OF EQUIPMENT. HE FURTHER NOTED THAT THIS PROJECT OFFERS ONLY A TEMPORARY SOLUTION TO THE PROBLEM, AND ASKED IF THE FAA APPROVED. MR. HARRIS STATED THAT THE FAA AGREES THAT THE TEMPORARY RUN- WAY WILL SUFFICE UNTIL THE GRANT IS APPROVED FOR THE NEW RUNWAY AND TAXI- WAY. HE NOTED THAT THEY DO NOT QUALIFY FOR ANY FUNDING ON THE TEMPORARY RUNWAY. w MAY , 91979 , BOOK 40 PAGE X24 I THE CHAIRMAN ASKED WHETHER THE GRANT FUNDS COULD APPLY TO THE CLEARING OF THESE ZONES AND IF THIS WOULD BE A REFUNDABLE COST, BUT MR. HARRIS STATED THAT THE FAA DOES NOT HAVE ARRANGEMENTS TO ALLOW FOR THAT. MR. BIESCHKE ADDRESSED THE PROBLEM OF TYING UP THE EQUIPMENT AND MANPOWER FOR A LENGTHY PERIOD AND FELT THE WORK MIGHT BE DONE ON A STAGGERED BASIS. MR. HARRIS STATED THAT HE PREFERRED TO HAVE IT DONE AS QUICKLY AS POSSIBLE SINCE THEIR PROBLEM IS NOT ONLY MONETARY BUT ONE OF TIME. COMMISSIONER SOY POINTED OUT THAT THE COUNTY GENERALLY TRIES TO MAKE ARRANGEMENTS TO HELP, BUT THEY SHOULD AT LEAST HAVE THE CONCUR- RENCE OF THE GOVERNING BODY INVOLVED. SHE CONTINUED THAT OUR EXPERIENCES IN CLEANING AREAS ON THE AIRPORT PROPERTY FOR THE CITY IS SO BAD THAT SHE, FOR ONE, DOES NOT FEEL WE OUGHT TO PARTICIPATE IN ANOTHER PROJECT UNTIL THE CITY OF VERO BEACH CONCURS POSITIVELY THAT THEY ARE GOING TO COMPLETE THE JOB AND ALSO AGREES THAT WE WOULD NOT RUN INTO A PROBLEM TAKING DOWN TREES IN ACCORDANCE WITH THE CITY'S TREE ORDINANCE. MR. BIESCHKE ASKED IF THE BOARD COULD MAKE THEIR APPROVAL CONTINGENT ON GOING BACK TO THE CITY COUNCIL -FOR THEIR APPROVAL, HE STATED THEY WOULD BE IN A BETTER POSITION WITH THE BOARD'S BACKING. COMMISSIONER SOY STATED THAT SHE DOES NOT WANT THE BOARD TO BE USED AS A WEDGE WITH CITY COUNCIL. SHE FELT STRONGLY THAT THE AIRPORT IS PAYING FOR EVERYTHING AND DID NOT SEE WHERE THE CITY PARTICIPATES IN THEIR OWN AIRPORT. SHE NOTED THAT THE COUNTY ALREADY HAS PARTICIPATED IN A NUMBER OF PROJECTS OUT THERE. CHAIRMAN WODTKE DISCUSSED THE CITY NOT HAVING THE NECESSARY TYPE OF EQUIPMENT AND FELT THAT POSSIBLY IT IS TIME THEY DO GET THAT TYPE OF EQUIPMENT. HE NOTED THAT THE COUNTY IS BEING REQUESTED CONTIN- UALLY TO LEND OUR EQUIPMENT OUT, ADMINISTRATOR KENNINGS DISCUSSED THE TIME INVOLVED, AND THE COSTS INVOLVED, NOT ONLY WITH THE MANPOWER AND USE OF THE EQUIPMENT, BUT THE TRANSPORTING OF SAME. HE EXPRESSED CONCERN ABOUT THIS AMOUNT OF MONEY COMING OUT OF THE ROAD & BRIDGE DEPARTMENT BUDGET,.NOTING THAT IF IT IS NOT REPLACED, IT COULD RESULT IN THE ELIMINATION OF A COLLECTOR STATION OR SOME OTHER COUNTY PROJECT. HE CONTINUED TO DISCUSS THE 20 MAY 91979 BQDK 40 Pw,225 POSSIBILITY OF KEEPING TRACK OF THE COSTS INVOLVED; THE CITY PUTTING IN SOME PERSONNEL AND EQUIPMENT AND KEEPING TRACK OF THEIR COSTS; AND THEN ARRIVING AT A PERCENTAGE TO BE PAID BY EACH PARTY. COMMISSIONER SIEBERT STATED THAT HE DOES NOT FEEL THAT SUGGES- TION IS ACCEPTABLE TO THE BOARD AND IT IS NOT A COMPROMISE OF WHICH HE WOULD APPROVE. HE NOTED THAT THE CITY HAS NO PARTICIPATION IN THE AIR- PORT, ONLY INCOME. MR. BIESCHKE STATED THAT IF THEY COULD JUST GET SOME TYPE OF TENTATIVE APPROVAL FROM THE BOARD, HE FELT THEY WOULD GET A MORE FAVORABLE RECEPTION FROM THE CITY THAN THEY HAVE HAD IN THE PAST. THE CHAIRMAN APPRECIATED THEIR PROBLEM AND THE FACT THAT THE CITY DOES NOT HAVE THE EQUIPMENT, AND INDICATED THAT IF WE SHOULD HAVE THE TIME AND THE EQUIPMENT, HE WOULD APPRECIATE IT IF THE CITY PAID THE ACTUAL COST INVOLVED.' COMMISSIONER Loy POINTED OUT THAT WE ARE COMING UP ON VACATION TIME, AND WE HAVE A VERY HEAVY WORKLOAD SCHEDULE AT THE END OF EACH YEAR. SHE DOUBTED WE WOULD HAVE THE TIME AVAILABLE TO LEND OUT THIS EQUIPMENT WITR THE.SCHEDULE WE HAVE PROGRAMMED RIGHT NOW. SHE STATED THAT SHE IS NOT THE LEAST INTERESTED IN DOING THIS ON A VOLUNTEER BASIS, BUT MIGHT BE INTERESTED IF THE COUNTY CAN BE REIMBURSED AND IF THE TIME WERE AVAILABLE. DISCUSSION CONTINUED ON THE SAME THEME, AND COMMISSIONER LYONS ' SUMMED UP THE FEELING OF THE BOARD, INDICATING THAT APPARENTLY THE COUNTY IS WILLING TO PROVIDE THE WORK AT COST, KEEPING IN MIND THAT THE COUNTY ALSO HAS A SCHEDULE IT HAS TO MEET AND MAY NOT BE ABLE TO DO THIS WORK AT THE AIRPORTS CONVENIENCE. THE BOARD AGREED THAT THIS IS THE FEELING THAT MR, BIESCHKE AND MR. HARRIS SHOULD CONVEY TO THE CITY COUNCIL. ATTORNEY EUGENE O'IIEILL APPEARED ON BEHALF OF THE EXCHANGE CLUB TO MAKE A PRESENTATION IN REGARD TO THEIR PROPOSED YOUTH MANOR 'PROJECT. HE INFORMED THE BOARD THAT JUDGE CHARLES SMITH FIRST BROUGHT TO THEIR ATTENTION THE DIRE NEED FOR A HOME FOR BOTH DELINQUENT AND DEPENDENT CHILDREN IN THIS COUNTY. "DEPENDENT" REFERS TO THE NEGLECTED 21 MAY 91979 ROCK PACT 226 CHILD, THE ABUSED CHILD, ETC., - THOSE WHO HAVE NOT COMMITTED A JUVENILE OFFENSE. ATTORNEY O'HEILL CONTINUED THAT THE EXCHANGE CLUB FORMED A COMMITTEE TO INVESTIGATE THE FACILITIES AND RESOURCES AVAILABLE IN OUR AREA TO COPE WITH THIS PROBLEM, CHECKED WITH THOSE RUNNING THE ST. LUCIE COUNTY YOUTH HALL, WHICH IS FOR RESIDENTS OF THAT COUNTY ONLY, AND HAD PRESENTATIONS FROM THE SHERIFF'S DEPARTMENT AND THE DEPARTMENT OF HEALTH & REHABILITATIVE SERVICES. IT WAS CONCLUDED THAT THE GREATER NEED AT THIS TIME WOULD BE A FACILITY FOR THE DEPENDENT CHILD. IN THE COURSE OF THIS INVESTIGATION, THEY CAME ACROSS MR. AND MRS. RICHARD DAVIS, WHO HAVE FOR MOST OF THEIR LIVES DEDICATED THEMSELVES TO PROVIDING FOR DEPENDENT CHILDREN AT THEIR HOME. THEY HAVE DONE THIS ON A VOLUNTEER BASIS UP UNTIL RECENTLY WHEN THEY BECAME LICENSED TO OPERATE AS AN EMERGENCY SHELTER. ATTORNEY O'NEILL INTRODUCED PAST, PRESENT AND FUTURE EXCHANGE CLUB PRESIDENTS; PHYLLIS WEBB OF THE DEPARTMENT OF HEALTH & REHABILITA- TIVE SERVICES; DENNIS TWEED, DISTRICT SUPERVISOR FOR THE DEPARTMENT; AND THE ARCHITECT•WHO HAS DONE THE PROPOSED PLANS FOR THE YOUTH MANOR. THE ATTORNEY NOTED THAT THE•PRESENT PLAN IS ONLY A TENTATIVE ONE AND THEY INTEND TO HAVE IT LOOK MORE LIKE A HOME AND LESS INSTITUTIONAL. ATTORNEY O'NEILL INFORMED THE BOARD THAT THE ST, LUCIE COUNTY YOUTH HALL WAS BUILT BY THE KIWANIS CLUB WHO GOT THE COUNTY TO DONATE THE LAND AS WELL AS AGREE TO BEING RESPONSIBLE FOR THE OPERATIONAL COSTS ' OF RUNNING THE HOME. HE EXPLAINED THAT THE VERO BEACH EXCHANGE CLUB WISHES TO BUILD A YOUTH MANOR FOR INDIAN RIVER COUNTY AND WOULD PAY ALL CONSTRUCTION COSTS, THEY WOULD LIKE THE COUNTY TO PROVIDE THE LAND AND ALSO BE ULTIMATELY RESPONSIBLE FOR THE OPERATIONAL COSTS OF THE YOUTH MANOR. ATTORNEY O'NEILL THEN REVIEWED THEIR PROPOSED BUDGET AND ANTIC- IPATED•OPERATIONAL COSTS, WHICH ARE DRAMATICALLY LESS THAN THOSE OF ST. LUCIE COUNTY. HE EXPLAINED THAT PART OF THE DIFFERENCE IS ACCOUNTED FOR BECAUSE MR. AND MRS. DAVIS DO NOT WISH TO RECEIVE SALARIES, BUT WOULD LIVE FULL TIME AT THE MANOR.• THE ST. LUCIE COUNTY YOUTH HALL IS NOT FINANCED BY THE STATE AND IS STRICTLY COUNTY CONTROLLED. THE EXCHANGE CLUB INTENDS THAT INDIAN RIVER COUNTY CONTROL THE YOUTH MANOR, BUT SINCE IT WILL MEET STATE GUIDELINES, WHOEVER IS RUNNING THE HOME WILL BE 22 MAY 91979 POCK 0 PAGE 227 ENTITLED TO CERTAIN BENEFITS ON A "PER CHILD - PER BED - PER DAY" BASIS, WHICH SHOULD FUND THE BULK OF THE OPERATIONAL COSTS. THEREFORE, ALTHOUGH THE COUNTY WOULD BE ULTIMATELY RESPONSIBLE FOR OPERATIONAL COSTS, THESE SHOULD BE IN THE RANGE OF $5,000 OR $6,000 INSTEAD OF $35,000 AS SET OUT IN THE BUDGET. CHAIRMAN WODTKE INQUIRED ABOUT THE DHRS STAFFING REQUIREMENTS. MRS. WEBB OF THE DHRS INFORMED HIM THAT BECAUSE OF THE WAY THAT THIS FACILITY IS TO BE SET UP, IT DOES NOT'HAVE A DEFINITE REQUIRED STAFFING PATTERN. SHE WOULD EXPECT THAT THE COUNSELING WOULD BE DONE BY THE SOCIAL WORKERS WITHIN TSR. TWEED'S UNIT. DISCUSSION AROSE AS TO THE ADVISABILITY OF PLACING SUCH A FACILITY AT HOBART PARK, AND DENNIS TWEED, DISTRICT SUPERVISOR FOR THE DHRS, STATED THAT HOBART PARK WOULD BE A MORE SUITABLE LOCATION FOR THE 12-13-14 YEAR OLDS. THEY WOULD PREFER TO PLACE THE 15-16-17 AGE GROUP CLOSER TO TOWN TO ELIMINATE TRANSPORTATION PROBLEMS AND GIVE THEM ACCESS TO JOBS, CHAIRMAN WODTKE COMMENTED THAT IN PREVIOUS DISCUSSIONS REGARDING A POSSIBLE LOCATION FOR A YOUTH MANOR, HE HAD MENTIONED HOBART PARK MERELY AS A'PASSING THOUGHT AND ACTUALLY DID NOT EVEN KNOW IF OUR RE- STRICTIONS WOULD ALLOW IT. DISCUSSION FOLLOWED ON THE POSSIBILITY OF THE COUNTY HAVING OTHER PROPERTY CLOSER TO TOWN, AND IT WAS ASKED HOW LARGE A PIECE OF PROPERTY WOULD BE REQUIRED. MR. TWEED POINTED OUT THAT IF THE LOCATION WERE CLOSE TO TOWN, THEY WOULD BE ABLE TO MAKE USE OF THE CITY FACILITIES THAT ALREADY EXIST AND PROBABLY WOULD NOT NEED ANYTHING MORE THAN A LOT. IN THE COUNTRY, YOU WOULD HAVE TO DEVELOP YOUR OWN FACILITIES. COMMISSIONER LOY NOTED THAT THE OVERALL CONCEPT IS WHAT WE ARE INTERESTED IN NOW. SHE FELT THIS IS ONE OF THE FINEST PROJECTS THAT HAS BEEN BROUGHT TO THE BOARD IN A LONG TIME, AND AGREED THERE IS A DEFINITE NEED FOR THE COUNTY TO HAVE THEIR OWN FACILITY OF THIS TYPE. SHE ENDORSED THE CONCEPT OF THE PROJECT, AND FELT WE COULD MOVE AHEAD TO TRY TO FIND SOME SUITABLE LAND IF THE OTHER COMMISSIONERS AGREED. 23 MAY 91979 ROOK ® QAcE 4028 I THE REMAINING BOARD MEMBERS EXPRESSED THEIR APPROVAL OF SUCH A WORTHWHILE PROJECT AND COMPLIMENTED THOSE INVOLVED, CHAIRMAN WODTKE COMMENTED THAT ALTHOUGH THE BOARD IS VERY RECEPTIVE TO THE CONCEPT PRESENTED, HE WOULD SUGGEST THE EXCHANGE CLUB ALSO CONSIDER ASKING FOR COMMUNITY SUPPORT WHICH WOULD HELP KEEP THIS OUT OF THE TAXPAYER `S POCKET. COMMISSIONER LYONS AGREED THAT THE COMMUNITY MIGHT BACK THIS PROJECT, BUT FELT IF THEY SHOULDNIT, THAT IT IS A LEGITIMATE EXPENDITURE FOR COUNTY FUNDS. COMMISSIONER Loy VOLUNTEERED TO WORK WITH THE EXCHANGE CLUB IN TRYING TO LOCATE APPROPRIATE SPACE FOR THE PROPOSED YOUTH MANOR. MARGARET BOWMAN, PRESIDENT OF THE PELICAN ISLAND AUDUBON SOCIETY, INFORMED THE BOARD THAT THEY HAVE LONG RANGE PLANS FOR AN ENVIRONMENTAL WORKING CENTER THAT WOULD BE A STAFFED MUSEUM FOR TRAINING CHILDREN AND WOULD BE VERY MUCH INTERESTED IN HAVING LAND AT THE TRACKING STATION PARK. MRS..BOWMAN THEN DISCUSSED THE NECESSITY OF PROTECTING THE DUNES AND DUNE VEGETATION AND STATED THAT THE SITUATION AT WABASSO REACH PARK IS BECOMING CRITICAL, MAINLY DUE TO THE VEHICULAR TRAFFIC FROM THE TOP OF THE BLUFF TO THE BEACH. SHE STATED THAT THE PRESENT VEHICULAR RESTRICTIONS WE HAVE ARE NOT ADEQUATE. THE CITY OF VERO BEACH PROHIBITS VEHICULAR TRAFFIC ON THE BEACH. THE COUNTY, HOWEVER, PERMITS VEHICLES • ON THE BEACH BETWEEN 6.00 P.M. AND 6,00 A.M. ALSO THE STATE REQUIRES DESIGNATED ACCESS POINTS FOR VEHICLES TO ENTER THE BEACH, AND THE COUNTY HAS NONE, MRS. BOWMAN REQUESTED THAT THE BOARD APPOINT A COMMITTEE TO RECOMMEND HOW THE COUNTY ORDINANCE CAN BE BEEFED UP AND ALSO TO CONSIDER THE CONSTRUCTION OF BRIDGES AND WALKWAYS, AND TO LOOK FOR MONEY, MR. WALL AND MR. KENNEDY, RESIDENTS OF SUMMERPLACE, COMPLAINED OF ILLEGAL OVERNIGHT PARKING AT THE PARK, DOGS ON THE BEACH AND VENDORS BY THE HIGHWAY. A LADY RESIDENT COMPLAINED OF ALL NIGHT POT PARTIES AND DRAG RACING. IT WAS NOTED THE SIGNS ARE TORN DOWN AND NOT ENFORCED IN ANY EVENT. ADMINISTRATOR .JENNINGS INFORMED THOSE PRESENT THAT HE HAS CONTACTED THE•DOT IN REGARD TO ESTABLISHING NO PARKING AREAS TO THE NORTH 24 MAY 91979 Boa 40 PAu 229 AND SOUTH OF THE PARK AS REQUESTED AND HE FEELS THIS WILL BE TAKEN CARE OF VERY SHORTLY, ONCE THE SIGNS ARE UP, IT BECOMES A LAW ENFORCEMENT PROBLEM. COMMISSIONER SOY AGREED THE BREAKING DOWN OF THE DUNES IS A PROBLEM ON ALL COUNTY BEACHES AND SOMETHING MUST BE DONE, SHE DISCUSSED PREVIOUS PLANS THAT WERE WORKED UP TO DEVELOP WABASSO BEACH AND INFORMED - THOSE PRESENT THAT IT IS THE FULL INTENT OF THE BOARD TO DEVELOP WABASSO BEACH; WE HAVE MADE A REQUEST FOR FUNDS TO DEVELOP THE PARK, WHICH WAS WELL RECEIVED IN TALLAHASSEE, BUT THE STUMBLING BLOCK HAS BEEN THE TURN- OVER OF PERSONNEL IN OUR PLANNING DEPARTMENT, WHICH HAS PREVENTED COMPLETION OF THE APPLICATION, SHE THEN DISCUSSED BEACH BOARDWALK AND STRUCTURES IN BREVARD COUNTY, AND HOPED SOMETHING OF THAT TYPE COULD BE DONE AT WABASSO BEACH PARK, CHAIRMAN WODTKE STATED THAT MR. DEESON HAS BEEN TRYING TO GET A COMPLETE OVERALL PLAN FOR THE PARK, AND $25,000 WAS SET ASIDE IN THIS YEAR `S BUDGET FOR THIS PURPOSE, DISCUSSION FOLLOWED ON PHASING THE WORK AND GOING AHEAD WITH THE FENCING AND SOME STAIRWAYS, POSSIBLY SOME PAVING, WHICH WAS AUTHORIZED SOMETIME AGO BUT DELAYED DUE TO THE PLANNING DEPARTMENT PROBLEMS, ADMINISTRATOR JENNINGS STATED THAT WHAT THE ROAD R. BRIDGE DEPARTMENT NEEDS IS SPECIFIC INSTRUCTIONS. HE FELT THE MOST IMPORTANT THING IS TO PUT UP A FENCE FOR SECURITY AGAINST VANDALISM AND ONLY HAVE THE PARK OPEN AT CERTAIN HOURS, THE RESIDENTS OF THE AREA PRESENT AGREED THAT THE FENCE IS VERY MUCH NEEDED AND THE BOARDWALK IS EQUALLY IMPORTANT. COMMISSIONER DEESON FELT WITHIN THE BUDGET ALLOWED, WE SHOULD AT LEAST BE ABLE TO PROVIDE FOR A BOARDWALK AND SOME STAIRWELLS, HE ASKED HOW THE RESIDENTS FELT ABOUT ACCESS TO THE BEACH AFTER HOURS FOR THOSE WO WISH TO SURF FISH, DISCUSSION FOLLOWED IN REGARD TO SEVERAL ALTERNATIVES - RIGHT- OF-WAY OUTSIDE THE FENCED AREA - MAKING IT AVAILABLE TO FISHERMEN BUT NOT MOTORCYCLES, ETC., AND THE GENERAL CONSENSUS WAS THAT IN ORDER TO DEVELOP THE PARK, IT WILL HAVE TO BE TOTALLY SECURED AND TOTALLY CLOSED. 25 MAY 91979 �oo�c 40 PAGE 23® DR. HERBERT KALE NOTED THERE WAS A COMMITTEE APPOINTED SEVERAL YEARS AGO TO FIND ACCESS POINTS FOR VEHICLES TO ENTER THE BEACH, BUT HE DID NOT BELIEVE THIS WAS EVER DONE. HE FELT THE ORDINANCE SHOULD BE REVIEWED AND THAT LONG RANGE PLANNING IS NEEDED FOR THE BEACHES AT BOTH THE NORTH AND SOUTH OF THE COUNTY. ADMINISTRATOR JENNINGS WILL GET SOME MATERIAL FROM THE PLANNING DEPARTMENT IN REGARD TO THE FENCING AND WALKWAYS AND BRING IT TO THE NEXT MEETING FOR CONSIDERATION. THE BOARD THEREUPON RECESSED AT 12:25 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 1:45 O'CLOCK P.M. COMMISSIONER SIEBERT DID NOT RETURN TO THE MEETING AT THIS TIME BECAUSE OF A DOCTOR S APPOINTMENT AND COMMISSIONER DEESON WAS DELAYED GIVING A DEPOSITION. ASSISTANT ADMINISTRATOR NELSON REPORTED ON THE NEED FOR MORE VEHICLES FOR THE UTILITY DEPARTMENT. HE STATED THAT AS OF NOW THEY HAVE A PICK-UP TRUCK, A STAKE BED TRUCK, AND A MAVERICK AUTOMOBILE FOR THIS DEPARTMENT, BUT THEY ARE FINDING THAT THEY HAVE FIVE SEPARATE FUNCTIONS WHICH HAVE TO BE CARRIED ON DAILY THROUGHOUT THE ENTIRE DAY, WHICH RESULTS IN HIS CAR AND PERSONNEL DIRECTOR DONLON'S CAR BEING USED CONSTANTLY BY THE SERVICE REPRESENTATIVES, HE CONTINUED THAT THE METERS ARE READ ON AN AVERAGE OF TEN DAYS A MONTH, AND THEY CHANGE METERS ON THE AVERAGE OF III DAYS A MONTH, AND THEY ARE LOOKING INTO THE CUSHMAN SCOOTER FOR USE BY THE METER READER. MR. NELSON STATED THEY WOULD LIKE TO START CONVERTING, WITH THE EXCEPTION OF THE PICK-UP TRUCK, TO A SMALLER DATSUN OR COURIER -TYPE TRUCK. THEY WOULD LIKE AT LEAST TWO OF THESE AND THE CUSHMAN SCOOTER FOR THE METER READER, THEY PROPOSE TO GET RID OF THE 1973 MAVERICK WHICH HAS ABOUT 90,000 MILES, AND ONLY USE THE STAKE BED TRUCK IN EMERGENCY SITUATIONS. COMMISSIONER LOY ASKED IF WE HAVE ANY MONEY BUDGETED UNDER UTILITIES FOR EQUIPMENT, BUT THE ASSISTANT ADMINISTRATOR POINTED OUT THAT WE DID NOT REALIZE WE WERE GOING TO GET THIS BIG THIS FAST, SO THE BUDGET IS SKIMPY, FINANCE OFFICER BARTON NOTED THAT WE HAVE THREE SEPARATE FUNDS FOR UTILITIES AND COULD HAVE THE GENERAL FUND BUY THE VEHICLES AND PRO -RATE IT. c 4® Fa� MAY 1979 �ooK > icj 9 CHAIRMAN WODTKE FELT THIS SHOULD BE A DEBT AGAINST THE ENTER- PRISE ACCOUNTS AND THAT WE SHOULD GET THE MONEY BACK. COMMISSIONER SOY AGREED THAT THE DIFFERENT AREAS SHOULD CARRY THEIR OWN LOAD. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, CHAIRMAN WODTKE VOTED IN FAVOR, COMMISSIONERS SIEBERT AND DEESON BEING ABSENT, THE BOARD AUTHORIZED THE ADMINISTRATOR TO ADVERTISE FOR BIDS ON TWO SMALL TRUCKS FOR THE UTILITY DEPARTMENT. ASSISTANT ADMINISTRATOR NELSON REPORTED THAT BID INVITATIONS FOR BID #03 WERE SENT TO THREE COMPANIES IN REGARD TO FIRE EXTINGUISHER SERVICE AND INSPECTION, AND BIDS WERE RECEIVED FROM ALL, THE BID COM- MITTEE RECOMMENDS AWARDING THE BID TO THE VERO BEACH FIRE EQUIPMENT CO., WHICH IS THE LOW BIDDER. HE STATED THEY ANALYZED THE OVERALL BID AND WHILE THIS COMPANY WAS HIGHER ON SOME ITEMS, THEY WERE LOWER OVER ALL, DISCUSSION FOLLOWED AS TO HOW THIS BID WAS ANALYZED, AND IT WAS FELT IT SHOULD HAVE BEEN RELATED TO THE COUNTY'S INVENTORY OF FIRE EXTINGUISHERS AND TABULATED ON THAT BASIS. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SOY, CHAIRMAN WODTKE VOTED IN'FAVOR, COMMISSIONERS SIEBERT AND DEESON BEING ABSENT, THE BOARD DEFERRED CONSIDERATION OF THE ABOVE BID UNTIL AN ESTIMATE OF THE.TOTAL COST BASED ON OUR INVENTORY OF EQUIPMENT CAN BE OBTAINED. ASSISTANT ADMINISTRATOR NELSON NEXT REVIEWED BID #04 FOR A 2750 GALLON WATER TANK, AND RECOMMENDED THAT THE BID BE AWARDED TO MODERN WELDING CO., INC., THE ONLY BIDDER. ADMINISTRATOR KENNINGS EXPLAINED THAT THEY USED TO USE AN OLD FIRE TRUCK BUT COULDN'T DEVELOP ANY PRESSURE. THEY NEED THE PRESSURE SYSTEM TO KEEP THE CULVERTS BLOWN OUT NOW THAT WE ARE IN THE WATER AND SEWER BUSINESS. DISCUSSION FOLLOWED ON WHETHER TO INSTALL THIS TANK ON A FLAT BED TRUCK OR POSSIBLY JUST ON A TRAILER, AND IT WAS FELT THERE ARE SEVERAL ALTERNATIVES. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, CHAIRMAN WODTKE VOTED IN FAVOR, COMMISSIONERS SIEBERT AND DEESON BEING 27 MAY 91979 you 40 pAcF 232 • ABSENT, THE BOARD ACCEPTED THE BID OF MODERN WELDING CO., INC., FOR A 2750 GALLON NATER TANK, AS BEING THE LOWEST AND BEST BID MEETING SPECIFI- CATIONS, IN THE AMOUNT OF $1,757.00, F.O.B. ROAD AND BRIDGE DEPARTMENT, AS PER CERTIFIED BID TABULATION. BOARD OF COUNTY COMMISSIONERSu 2145 -14th Avenue Vero Beach, Florida 32960 BID TABULATIONBID / VO4 NO. IRC -04 DATE OF OPENINGApril, 26, 1979BID TITLE2750 Gal Water Tank ITEM N O. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE 1. Water tank for flat bed tri. 1757 00 2. Days required for delivery 60 (fror re eip�t of ofp' drawicg) Certified true price recording. NEIL NELSON Chairman ASSISTANT ADMINISTRATOR NELSON NEXT REPORTED ON BID #05, WHICH CONCERNS RENOVATION OF THE NEWLY ACQUIRED ELEVATED WATER STORAGE TANK ACQUIRED WITH THE PURCHASE OF THE MID -FLORIDA SYSTEM. HE STATED THAT THEY AT FIRST JUST WISHED TO PAINT IT, BUT ON INSPECTION DETERMINED THERE WERE LEAKS, THE LADDER WAS IN DISREPAIR, ETC., AND IT IS NECESSARY THAT IT BE RENOVATED SINCE THE PRICE OF A NEW TANK IS PROHIBITIVE. HE STATED THEY SENT OUT FOUR BID INVITATIONS AND RECEIVED ONLY ONE BID. THEY HAVE DETERMINED THAT ALTO GREEN DOES THIS WORK FOR THE CITY OF VERO BEACH,AND THE CITY RECOMMENDS HIM HIGHLY. HE REPORTED THAT THE CITY MAY .91979 BOOK 40 PAGE 233 I MAY AVERAGES $10,000 PER YEAR MAINTENANCE ON THEIR ELEVATED WATER STORAGE TANKS, AND CONSIDERING THE ADDITIONAL REPAIRS NEEDED ON THIS TANK, IT WAS FELT THE $19,990 PRICE WAS NOT OUT OF LINE. DISCUSSION FOLLOWED AS TO WHETHER THIS WOULD BE ELIGIBLE TO FALL UNDER A SECOND BOND ISSUE OR POSSIBLY COME FROM THE TAXING DISTRICT WHICH WAS FUNDED LAST YEAR. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, CHAIRMAN WODTKE VOTED IN FAVOR, COMMISSIONERS SIEBERT AND DEESON BEING ABSENT, THE BOARD ACCEPTED THE BID OF ALTO GREEN, LAKE ALFRED, FLORIDA, FOR RENOVATION OF THE 150,000 GALLON WATER TANK, AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, OUTLINED IN BID #05, IN THE AMOUNT OF $19,990.00, AS PER CERTIFIED BID TABULATION. BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue Vero Beach, Florida 32960 BID TABULATION ti ti C C 0 � N BID NO. IRC -05 DATE OF OPENING May 3, ,1974 BID TITLE Water Tank Renovation 150, 000 gal Ion ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE 1. Renovation 19990 00 I 2, Days to complete after160 day reciept of Purchase Certified true price rec rding 91979 29 MCK r 40 PAGF 234 • COMMISSIONER DEESON ENTERED THE MEETING AT 2:30 O'CLOCK P.M. - ASSISTANT ADMINISTRATOR NELSON REPORTED THAT BIDS WERE RECEIVED FROM FIVE COMPANIES ON BID #07 FOR 6' CHAIN LINK FENCE. HE STATED THAT THIS IS NEEDED TO FENCE IN AN AREA AT KIWANIS—HOBART PARK TO PROVIDE SECURITY FOR THE PARK EQUIPMENT. THIS IS BUDGETED FOR, AND THEY ARE RECOMMENDING THE LOW BID OF HERCULES FENCE COMPANY. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, , COMMISSIONER SIEBERT WAS ABSENT FROM THE MEETING, THE BOARD ACCEPTED THE BID OF HERCULES FENCE CO., COCOA, FLORIDA, FOR 6' CHAIN LINK FENCE AS BEING THE LOWEST AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $1,222.78 AS PER CERTIFIED BID TABULATION. BOARD OF COUNTY COMMISSIONERS 2145 -14th Avenue Vero Beach, Florida 32960 BID TABULATION 4r � C1 C V U G� �~ / � �°� � �, %G C1 Cr �, ^a 4' 47 ti~o " X04 ti Uo BID NO. TRC -07 DATE OF OPENING May 3 1979 ' BID TITLFL, Chain link fence ITEM NO, DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE 1. Material and Labor 1222 78 1883 4 1526 96 1377 SO 2. Days required to complete job upon recelpt of Purchase 0-rdn- 5 days 30 days 10 d s 30 cays Did --W not b44 meet 32bo pec ficat'ons Certified true price recording. NEIL NELSON Chairman CLERK. MAY 91979 COPIES OF THE BID DOCUMENTS ARE ON FILE IN THE OFFICE OF THE S - 30 0 .4uP+�u, I it THE,NEXT MATTER BEFORE THE BOARD WAS THE HOUSING STUDY REPORT IN REGARD TO CREATION OF A HOUSING FINANCE AUTHORITY PRESENTED BY REPRESENTATIVES OF HOUGH & CO. GEORGE BLAND OF WILLIAM R. HOUGH & CO. DISCUSSED SKYROCKETING MORTGAGE INTEREST RATES AND STATED THAT THE OBJECTIVE OF THEIR STUDY IS TO REDUCE THE COST OF HOUSING FOR THOSE OF MODERATE, MIDDLE AND LOWER INCOME. HE PRESENTED THE FOLLOWING "DISCUSSION PAPERY EXPLAINING THEIR STUDY: DISCUSSION PAPER MAY 91979 Assumes 10% down payment and includes estimate for insurance and taxes 31 - BOOK $42,500 $433 377 56 $20,784 18,096 $ 2,688 40 PA-UF236 Basic Interest Rates FLORIDA HOUSING FINANCE AUTHORITY PROGRAM 1. Sell Bonds Est 7.40% (HFA) SUBJECT: Cost of Housing in Indian River County OBJECTIVE: To Reduce the Cost of Housing in Indian River County FOR WHOM: Middle, Moderate and Lesser Income Families WHY: So More Families Can Obtain Housing HOW: 1. Sell Tax Exempt Bonds (not a lien on any County funds or taxpayers) 2. Use Bond Moneys to Buy Mortgages $30,000 3. Use Mortgage Payments to Pay Bonds MAY 91979 Assumes 10% down payment and includes estimate for insurance and taxes 31 - BOOK $42,500 $433 377 56 $20,784 18,096 $ 2,688 40 PA-UF236 Basic Interest Rates 1. Sell Bonds Est 7.40% 2. Set HFA Mortgage Loan Rate Est 8.50% 3. Present Conventional Mortgage Loan Rates Est 10.50% RESULT: Savings of About 2% on Mortgage Interest Rate WHAT IS 2% IN DOLLARS? EXAMPLE 1. Cost of Home $30,000 $35,000 2. Monthly Mortgage Payments (30 years)* Conventional $305 $357 This Program (NFA) 266 311 Savings 39 46 3. Minimum Annual Income Required Conventional $14,640 $17,136 This Program (HFA) 12,768 14,928 Lesser Income Required To Qualify under HFA $ 1,872 $ 2,208 MAY 91979 Assumes 10% down payment and includes estimate for insurance and taxes 31 - BOOK $42,500 $433 377 56 $20,784 18,096 $ 2,688 40 PA-UF236 WHAT IS THE NEED FOR THIS PROGRAM IN INDIAN RIVER COUNTY? To make housing affordable to more families or make more families eligible for housing HOW DO YOU DO THIS? Reduce the interest rates and the down payment HOW DO YOU EXPLAIN THIS? By example showing the in- The Housing Affordability Gap creasing cost of a home.that ($000) Median Family Income a median income family could 45 buy in 1974 as compared with that family's ability to pay for such home during recent 40 years.(The example assumes a 10% down payment.) 35 30 25 20 15 10 5 i r r * '74 '75 '76 '77 '78 '79 '80 Current Price of House That Median ------ In Thousand Dollars -------- Income Family Could Afford in 1974 21.7 23.8 26.7 29.5 35.5 40.9 45.0 Current Price of House That Median Income Family Can Afford Under Conventional Housing Program — — --- 21.7 22.8 24.6 27.7 28.0 28.8 29.8 Current Price of House That Median Income Family Can Afford Under HFA Program * * 32.4 34.8 Median Family Incomel • • • 9.3 10.02 10.7 12.2 13.0 13.93 14.93 (1) From Hud (2) 1975 not calculated by HUD. Amount shown is average of 2 years (3 Projections based on HUD 1978 Median Income increased at 7% per year JERRY $ELITTO, ALSO OF WILLIAM R, HOUGH & CO., PRESENTED FIGURES SHOWING THAT THE PRICE OF HOUSING IN INDIAN RIVER COUNTY HAS INCREASED 170% IN AN EIGHT YEAR PERIOD, AND STATED THAT 50% OF THE PEOPLE 32- MAY 2- MAY 91979BOOK .4 FACE 43" � � r IN THE COUNTY ARE BEING PRICED OUT OF HOUSING. HE EXPLAINED THAT WHAT THE HOUSING FINANCE AUTHORITY IS ALL ABOUT IS SHIFTING THE 'AFFORDABILITY CURVE" TO GIVE A 2 POINT SPREAD FROM THE CONVENTIONAL LOAN WHICH WILL ALLOW ABOUT $5,000 IN INCREASED HOUSING. HE CONTINUED THAT BUILDERS TEND TO BUILD FOR THE HIGHER INCOME -BRACKET, AND THIS WILL INCREASE THE SUPPLY OF AFFORDABLE HOUSING BY ENCOURAGING BUILDING AT A DIFFERENT PRICE LEVEL. HE FURTHER NOTED THAT THE HOUSING FINANCE AUTHORITY CAN ACTUALLY INCREASE THE SUPPLY OF AFFORDABLE HOUSING TO THE COMMUNITY WITHOUT BUILDING ANY NEW HOUSING BECAUSE OF THE INTEREST RATE DIFFER- ENTIAL. AT PRESENT 50% OF THE POPULATION CAN ONLY AFFORD 10% OF THE HOUSING SUPPLY. COMMISSIONER SIEBERT ENTERED THE MEETING AT 2:55 O'CLOCK P.M. CHAIRMAN WODTKE INQUIRED ABOUT THE COUNTY'S LATITUDE TO SET CRITERIA, I.E. THAT A CERTAIN AMOUNT OF DOLLARS CAN ONLY BE USED FOR NEW CONSTRUCTION OR A CERTAIN PERCENTAGE FOR MORTGAGE MONEY FOR EXISTING HOUSING. MR. SELITTO STATED THAT THE AUTHORITY IS GIVEN THE POWER TO SET THE ELIGIBILITY AND TO SAY WHAT THE FUNDS WILL BE USED FOR, THEY MUST THEN PERSUADE THE BONDING COMPANIES THAT THEY HAVE THE PROPER MIX. CHAIR -MAN WODTKE FELT WE ARE PRETTY WELL RESTRICTED TO SAVINGS & LOAN INSTITUTIONS WHICH CAN GO 30 YEARS., AND IF THEY DO NOT WISH TO PARTICIPATE IN THE PROGRAM, THE MONEY DOES NOT MEAN ANYTHING. MR, SELITTO STATED THAT EXPERIENCE SHOWS THAT THE COMMERCIAL BANKS, KNOWING THE MORTGAGES ARE GOING TO BE PURCHASED, ARE WILLING TO PARTICIPATE AND MAKE THE LOANS UNDER THE 30 YEAR TERMS. HE CONTINUED TO DISCUSS PROBLEMS FACING THE SAVINGS AND LOAN INDUSTRY IN THE CERTIF- ICATE OF DEPOSIT MONEY MARKET. HE EXPLAINED THAT WE ARE NOT TRYING TO PENETRATE THE SAVINGS AND LOAN MARKET, BUT ARE ACTUALLY TRYING TO INCREASE THE MORTGAGES THAT ARE AVAILABLE TO CERTAIN INCOME LEVELS BY INCREASING THE AFFORDABILITY RANGE. COMMISSIONER LYONS ASKED IF THE COUNTY HAS ANY FINANCIAL OBLIGATION REGARDING THE BOND ISSUE AT ANY TIME, I.E., SEED MONEY, EXPENSE OF ISSUE, ETC, 33 MAY 9 1979 40, PAGE 938 MR. SELITTO STATED THAT THE TOTAL ISSUANCE EXPENSE IS ABOUT 3%, BUT THE PROGRAM IS SET 'UP SO THAT THE EXPENSES CAN BE RECOVERED IN THE PROGRAM ITSELF IN 6 YEARS OR LESS, AND NOT ONE PENNY COMES OUT OF THE COUNTY EITHER DIRECTLY OR INDIRECTLY. HE INFORMED THE BOARD THAT THEY ARE WORKING ON THIS PROGRAM WITH POPE AND DUVAL COUNTIES, AND THEY HAVE NOT SPENT A PENNY. HE NOTED THAT THESE BONDS ARE BEING RATED "AA" BECAUSE THERE IS SO MUCH INSURANCE PROTECTION AND THEY SELL VERY QUICKLY, MAINLY TO INSTITUTIONAL INVESTORS. COMMISSIONER LYONS QUESTIONED WHO WOULD BE LIABLE IF THE ECONOMY FAILED AND YOU COULDNIT PAY BACK THE BONDS. MR, SELITTO STATED THAT THE HOUSING FINANCE AUTHORITY WOULD PASS ON TO THE BOND HOLDERS WHATEVER PRINCIPAL AND INTEREST PAYMENTS THEY RECEIVED, AND THERE IS NO OBLIGATION ON THE PART OF THE COUNTY AT ANY TIME. HE INFORMED THE BOARD THAT THEY GOT A VERY FAVORABLE REACTION TO THIS PROGRAM FROM THE FINANCIAL INSTITUTIONS IN THIS COUNTY, AND THEY ARE WILLING TO PARTICIPATE. COMMISSIONER LYONS ASKED IF THIS AUTHORITY HAS GUIDELINES SET BY LAW OR WHETHER THE BOARD MAKES THE RULES. MR. SELITTO STATED THAT THE COUNTY COMMISSION REMAINS IN COMPLETE CONTROL, ORANGE COUNTY HAS MADE THE DECISION THAT THE COUNTY COMMISSION COULD ACT AS AN INTERIM AUTHORITY UNTIL THEY APPOINT AN AUTHORITY. THEY JUST HAVE TO APPOINT A CHAIRMAN AND THE COMMISSION CAN ACT AS THE AUTHORITY. MR, SELITTO CONTINUED THAT WASHINGTON HAS BEEN CONCERNED ABOUT ABUSES OF THE PROGRAM, THE GENERAL CONSENSUS IS THAT THEY WILL NOT STOP THE PROGRAM COMPLETELY BUT WILL PUT LIMITATIONS ON INCOME LEVELS, WHICH HE FELT IS ALREADY ADDRESSED IN THE STATE OF FLORIDA. MR, BLAND STATED THAT HUD IS PROPOSING THAT 120% OF THE MEDIAN INCOME LEVEL BE ESTABLISHED AS THE ELIGIBILITY CRITERIA, AND THIS TYPE OF BOND WILL BE ACCEPTABLE TO HUD, COMMISSIONER LYONS FELT WE NEED SOMETHING LIKE THIS AND SHOULD MOVE FORWARD, CHAIRMAN WODTKE AGREED THAT BASED UPON A DETERMINATION OF THE COUNTY HOUSING NEEDS, WE SHOULD MOVE AHEAD WITH THIS PROGRAM, AND IT WAS GENERALLY AGREED THE COUNTY IS INTERESTED IN PURSUING THIS PROGRAM. 34 MAY 91979 BOOK 4 PAGE x:39 J ATTORNEY COLLINS PRESENTED A PROPOSED RESOLUTION OF INTENT WHICH HE HAS REVIEWED AND FELT IS APPROPRIATE. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 79-43 DECLARING THE NEED FOR A HOUSING FINANCE AUTHORITY, 35 MAY 91979 BOOK 40 PAcF 240 RESOLUTION NO. 79-43' RESOLUTION DECLARING THE NEED FOR A HOUSING FINANCE AUTHORITY TO FUNCTION TO ALLEVIATE A SHORTAGE OF HOUSING AND CAPITAL FOR INVESTMENT IN HOUSING IN INDIAN RIVER COUNTY. WHEREAS, Chapter 78-89, Laws of Florida (a copy of which is attached hereto), as recently enacted by the Legislature of Florida, and known and cited as the "Florida Housing Finance Authority Law," authorizes each and every county in Florida to create by ordinance a separate public body corpo- rate and politic to be known as the "Housing Finance Authority" of the county for which it was created; and WHEREAS, this statute authorizes the creation by counties of Housing Fi- nance Authorities empowered to provide housing to "eligible persons" defined as: "...persons or families, irrespective of race, creed, national origin or sex, determined by the housing fi- nance authority by rule to be of moderate, middle or lesser income requiring such assistance as is made available pursuant to this act on account of insuf- ficient personal or family income and taking into consideration such facts as: "(a) The amount of the total income of such persons and families available for housing needs. "(b) The size of the family. "(c) The cost and condition of available housing facilities. "(d) The ability of such persons and families to compete successfully in the normal, private housing market and to pay the amounts for which pri- vate enterprise is providing sanitary, decent and safe housing."; and WHEREAS, this statute states that a housing finance authority shall not: "...transact any business or exercise any powers un- der this act until the governing body of the county for which such housing finance authority is created passes a resolution declaring the need for a hodsing finance authority to function to alleviate a shortage of housing and capital for investment in housing in its area of operation."; and WHEREAS, this Board of County Commissioners recognizes the pressing need for housing for eligible persons in -Indian River County and wishes to create an Indian River County Housing Finance Authority to exercise all the powers set out in Chapter 78-89, Laws of Florida, MAY 91979 BOOK 40 PACE 241 11 C NOW, THEREFOkE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that, after reviewing appropriate information, and being aware of the general state of the local economy and rapidly increas- ing housing costs and shortages of low-cost capital for housing in the County, it recognizes and declares the need for a housing finance authority to func- tion in Indian River County to alleviate the shortage of housing and capital for investment in housing. ADOPTED this ''Aday of 1979. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By /4� (,(/d o Chairman ATTEST: Cl erk MAY 91979 ROOK 40 PAGF 242 Florida Housing Finance Authority Law ("The Act") A bill to be entitled An Act relating to public financing for housing; creating the "Florida Housing Finance Authority Law"; providing definitions; authorizing the creation of a housing finance authority by ordinance; providing for the functioning of such authorities to alleviate a shortage of housing and capital for investment in housing; providing for membership, powers, and duties; authorizing a county to exercise the powers of such authority until members are appointed; prohibiting members and employees from acquiring or having certain interests with respect to a qualifying housing development; requiring disclosures of interest; pro- viding for removal of members; authorizing such authorities to make, purchase, and sell loans for qualifying housing developments; prohibiting the financing of qualifying housing developments for profit; authorizing such authorities to issue bonds and limiting sources from which such bonds are payable; providing for validation proceedings; providing for remedies of an obligee; exempting bonds together with income and interest thereon from taxation; providing severability; providing an effective date. Enacted by the Legislature of the State of Florida: Section 1. Short title. --This act shall be known and may be cited as the "Florida Housing Finance Authority Law." Section 2. Finding and declaration of necessity. --It is found and • declared that: (1) Within this state there is a shortage of housing available at prices -or rentals which many persons and families can afford and a shortage of capi- tal for investment in such housing. This shortage constitutes a threat to the health, safety, morals, and welfare of the residents of the state, de- prives the state of an adequate tax base, and causes the state to make excel - sive expenditures for crime prevention and control, public health, welfare and safety,. fire and accident protection, and other public services and facil- ities. (2) Such shortage cannot be relieved except through the encouragement of investment by private enterprise and the stimulation of construction and re- habilitation of housing through the use of public financing. (3) The financing, acquisition, construction, reconstruction, and re- habilitation of housing and of the real and personal property and other MAY 91979 1 w, 40 PAGF 243 facilities necessary, incidental, and appurtenant thereto are exclusively public uses and purposes for which public money may be spent, advanced, loaned, or granted and are governmental functions of public concern. (4) The Congress of the United States has, by the enactment of amend- ments to the Internal Revenue Code of 1954, found and determined that housing may be financed by means of obligations issued by any state or local govern- mental unit, the interest on which obligations is exempt from federal income taxation, and has thereby provided a method to aid state and local govern- mental units to provide assistance to meet the need for housing. (5) The provisions of this act are found and declared to be necessary and in the public interest as a matter of legislative determination. Section 3. Definitions. --As used in this act: (1) "Area of operation" means the area within the territorial boundaries of the county for which the housing finance authority is created, and any area outside the territorial boundaries of such county if the governing body of the county within which such outside area is located approves. The approval may be a general approval or an approval only for specified qualifying housing developments or only for a specified number of qualifying housing develop- ments. (2) "Bonds:' means any bonds, notes, debentures, interim certificates, or other evidences of financial indebtedness issued by a housing finance authority under and pursuant to this act, (3) "Housing finance authority" means a housing finance authority created pursuant to section 4 of this act. (4) "Housing development" means any residential building, land, equip- ment, facility, or other real or personal property which may be necessary, convenient, or desireable in connection therewith, including streets, sewers, water and utility services, parks, gardening, administrative, community, health, recreational, and educational facilities, and other facilities related and subordinate Ito moderate, middle, -or lesser income housing, and also in- cludes site preparation, the planning of housing and improvements, the acquisition of property, the removal or demolition.of existing structures, the acquisition, construction, reconstruction, and rehabilitation of housing and improvements, and all other work in connection therewith, and all costs of financing, including without limitation the cost of consultant and legal ser- vices, other expenses necessary or incident to determining the feasibility of the housing development, administrative and other expenses necessary or t MAY 91979 ROOK 40 PACE 244 incident to the housing development and the financing thereof (including reim- bursement to any municipality, county or entity for expenditures made with the approval of the housing finance authority for the housing development), and interest accrued during construction and for a reasonable period thereafter. ('5) "Lending institution" means any bank or trust company, mortgage banker, savings bank, credit union, national banking association, savings and loan association, building and loan association, insurance company, or other financial institution authorized to transact business in this state and which customarily provides service or otherwise aids in the financing of mortgages located in the state. (6) "Qualifying housing development" means any housing development which a housing finance authority finds will assist in alleviating the shortage of housing in the area of operation of such authority. (7) 'Eligible persons" means persons or families, irrespective of race, creed, national origin or sex, determined by the housing finance authority by rule to be of moderate, middle or lesser income requiring such assistance as is made available pursuant to this act on account .of insufficient personal or family income and taking into consideration such facts as: (a) The amount of the total income of such persons and families avail- able for housing needs. (b) The size of the family. (c) The cost and condition of available housing facilities. (d) The availability of such persons and families to compete success- fully in the normal, private housing market and to pay the amounts for which private enterprise is providing sanitary, decent and safe housing. (e) If appropriate, the standards established for various federal pro- grams determining eligibility based on income of such persons and families. Section 4. Creation of housing finance authorities. -- (1) Each.c:)unty in this state may create by ordinance a separate public body corporate and politic to be known as the "Housing Finance Authority" of the county for which it is created, to carry out only the powers granted in this act. A housing finance authority shall not transact any business or exercise of powers under this act until the governing body of the county for which it is created, to carry out only the powers granted in this act. A housing finance authority shall not transact any business or exercise any powers under this act until the governing body of the county for which such housing finance authority is created passes a resolution declaring the need MAY 91979 40 PAGE 245 for a housing finance authority to function to alleviate a shortage of housing and capital -for investment in housing in its area of operation. (2) In any suit, action, or proceeding involving the validity or en- forcement of or relating to any contract of a housing finance authority, the housing finance authority shall be conclusively deemed to have been estab- lished and authorized to transact business and exercise its powers under this act upon proof of the adoption of an ordinance by the appropriate governing body declaring the need for the housing finance authority. The ordinance shall be sufficient if it declares the need for such a housing finance authority and finds that there is a shortage of housing and capital for in- vestment in housing within its area of operation. A copy of the ordinance certified by the clerk of the circuit court shall be admissible in evidence in any suit, action, or proceeding. (3) The county for which the housing finance authority is created may, at its sole discretion, and at any time, alter or change the structure, organ- ization, programs or activities of any housing finance authority, including the power to terminate such authority, subject to any limitation on the im- pairment of contracts entered into by such authority and subject .to the limitations or requirements of this act. Section 5. Members; employees; duties and compensation. -- (1) Each housing finance authority shall be composed of five members appointed by the governing body of the county for which the housing finance authority is created, one of whom shall be designated chairman. Not less than three of the members shall be knowledgeable in one of the following fields: labor, finance or commerce. The terms of the members shall be 4 years each, except that the terms of the initial members shall be as follows: two members shall serve a term of 1 year; one member shall serve a term of 2 years; one member shall serve a term of 3 years; and one member shall serve a term of 4 years. A member of the housing finance authority shall hold office until his successor has been appointed and has qualified. Each vacancy shall be filled for the remainder of the unexpired term. A certificate of the appointment or reappointment of any member of the housing finance authority shall be filed with the Clerk of the Circuit Court of the county, and the certificate shall be conclusive evidence of the due and proper appointment of the member. A member -shall receive no compensation for his services, but shall_be entitled to necessary expenses, including traveling expenses, incurred in the discharge of his duties. t MAY 91979 BOOK .40 PAGE 246 (2) The powers of each housing finance authority granted by this act shall be vested in the members of the housing finance authority in office from time to time. Three members shall constitute a quorum, and action may be taken by the housing finance authority upon a vote of a majority of the mem- bers present. A housing finance authority may employ such agents and em- ployees, permanent or temporary, as it may require and shall determine the qualifications, duties, and compensation of such agents and employees. A housing finance authority may delegate to an agent or employee such powers or duties as it may deem proper. A housing finance authority may employ its own legal counsel. (3) Until the members of the housing finance authority are appointed, the governing body of the county for which the housing finance authority is created and the chairman of the housing finance authority shall have full authority to carry out the powers of a housing finance authority under this act, provided, however, that the governing body shall not delegate its authority to the chairman under this provision. Except as provided in this section, no member of the housing finance authority may be an officer or em- ployee of the county for which -the housing finance authority is created. Section 6. Conflicts of interest; disclosure. --No. member or employee of a housing finance authority shall acquire any interest, direct or indirect, in any qualifying housing development or in any property included or planned to be included in such a development, nor shall he have any interest, direct or. indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any qualifying housing development. If any member or employee of a housing finance authority owns or controls an in- -terest, direct or indirect, in any property included or planned to be included in any qualifying housing project, he shall immediately disclose the same in writing to the housing finance authority. Such disclosure shall be entered upon the minutes of the housing finance authority. Failure so to disclose such interest shall constitute misconduct in office. Section 7. Removal of members. --A member of a housing finance authority may be removed without cause by a 3/5 vote of the governing body of the county, or for neglect of duty or misconduct in office by a majority vote of the governing body of the county. A member may be removed only after he has been given a copy of the charges at least 10 days prior to the hearing thereon and has had an opportunity to be heard in person or by counsel. If a member is removed, a record of the proceedings, together with the charges and MAY 91979 goo O PacE A findings thereon, shall be filed in the office of the clerk where the certificate -of appointment for such member is filed. Section 8. Powers of housing finance authorities. --A housing finance authority shall constitute a public body corporate and politic, exercising the public and essential governmental functions set forth in this act,, and shall exercise its power to borrow only for the purpose as provided herein: (1) To sue and be sued, to have a seal and to alter the same at pleasure, to have perpetual succession, to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the housing finance authority, and to make and from time to time amend and repeal bylaws, rules, and regulations, not inconsistent with this act, to carry into effect the powers and purposes of the housing finance authority. (2) To purchase or make commitments to purchase or to make loans for such purpose, and to take assignments of, from lending institutions acting as a principal or as an agent of the housing finance authority, mortgage loans and promissory notes accompanying such mortgage loans, including federally in- sured mortgage loans or participations with lending institutions in such promissory notes and mortgage loans for the construction, purchase, recon- struction, or rehabilitation of the qualifying housing development or portion thereof; provided that the proceeds of sale or equivalent moneys shall be re- invested in mortgage.loans. (3) To make loans to lending institutions under terms and conditions re- quiring the proceeds thereof to be used by such lending institutions for the making of new mortgages for any qualifying housing development, or portion thereof, located wholly or partially within the area of operation of such housing finance authority. Prior to making a loan to a lending institution which makes such loans or provides such financing, the lending institution must agree to use the proceeds of such loan within a reasonable period of time to make loans or to otherwise provide financing for the acquisition, construction, reconstruction, or rehabilitation of a housing development or portion thereof, and the housing finance authority must find that such loan will assist in alleviating -the. shortage of housing and of capital for invest- ment in housing within its area of operation. (4) To'invest, at the direction of the lending institution, any funds held in'reserves or sinking funds or any funds not required for immediate dis- bursement in property or securities in which lending institutions may legally invest funds subject to their control. V MAY 91979 Boa 40 PAGE 248 Secton 9. Limitation. --No housing finance authority shall finance the acquisition, construction, reconstruction, or rehabilitation of any qualifying housing development for its own profit or as a source of revenue to the state or any local governmental unit. Section 10. No power of eminent domain. --No housing finance authority shall have the power to acquire any real property by the exercise of the power of eminent domain to accomplish any of the purposes specified in this act. Section 11. Planning, zoning, and building laws. --Each qualifying housing development shall be subject to the planning, zoning, health, and building laws, ordinances, and regulations applicable to the place in which such qualifying housing development is situate. Section 12. Bonds. -- (1) A housing finance authority may issue revenue bonds from time to time in the discretion of the housing finance authority for the purposes of this act. A housing finance authority may also issue refunding bonds for the purpose of paying, retiring, or refunding bonds previously issued by it. A housing finance authority may issue such types of bonds as it may determine; provided that the principal and interest on such bonds are payable solely and only from: (a) The repayment of any loans made by the housing finance authority pursuant to the provisions of section 8 or purchased by the housing finance authority pursuant to section 8; or (b) The sale of any housing loans or commitments to purchase housing loans which are purchased pursuant to section 8. (2) Any bonds issued pursuant to the provisions of this act shall be secured by a mortgage or other security device. (3) In no event shall any bonds issued pursuant to the provisions of this act be payable from the general revenues of the housing finance author- ity. (4) Neither the members of a housing finance authority nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. The bonds issued pursuant to the provisions hereof, and the bonds shall so state on their face, shall not be a debt of the county or the state, or any political subdivision thereof; and neither the county, nor any state or political' subdivision thereof, 'shall be liable thereon; nor in any event shall such bonds or obligations be payable out of any funds or proper- ties other than those of the housing finance authority. MAY 91979 BOOK 40 PAGE 249 Section 13. Form and sale of bonds. -- (1) Bonds of a housing finance authority issued pursuant to this act shall be authorized by a resolution of the housing finance authority and may be issued in one or more series and shall bear such dates, mature at such times, bear interest at such rates, be in such denominations, be in such form, either coupon or registered, carry such conversion or registration privileges, have such rank or priority, be executed by such members of the housing finance authority and in such manner, be payable in such mean of pay- ment at such places, and be subject to such terms of redemption, with or without premium, as such resolution or any trust indenture entered into pursuant to such resolution may provide, provided, however, that the provisions of s. 215.685 shall apply. (2) (a) The bonds issued by the authority shall be sold by the authority at public sale substantially in the manner provided by s. 215.68(5) (b) and (c), unless otherwise approved by the State Board of Administration; provided, that such requirement shall be deemed waived if (1) the State Board of Administration has not responded in writing within 30 days from the date of application, or (ii) if: (A) the bonds are rated by at least one nationally recognized rating service in .any one of the three highest classifications approved by the Comptroller of the Currency for the investment of funds of national banks; (B) an appropriate certification and opinion of counsel pursuant to the applicable arbitrage regulations under Section 103(c) of the Internal Revenue Code are delivered simultaneously with the delivery of the bonds; and (C) the official statement issued in connection with the sale of the bonds has been filed with the State Board of Administration prior to the closing. (b) In the event an offer of an issue of bonds at public sale produces no bid, or in the event all bids received are rejected, the authority is authorized to negotiate for the sale of such bonds under such rates and terms as are acceptable; provided, however, that no such bonds shall be so sold or delivered on terms less favorable than the terms contained in any bids rejected at he public sale thereof, or the terms contained in the notice of public sale if no bids were received at such public sale. (3) In case any member of the housing finance authority whose signature appears on the bonds or coupons shall cease to be a member before the delivery of the bonds or coupons, such bonds shall, nevertheless, be valid and sufficient for all purposes, the same as if such member had remained in office MAY 91979 � BOOK- ® PAGE 250 until such delivery. Any provision of law to the contrary notwithstanding, any bonds issued pursuant to this act shall be fully negotiable. (4) In any suit, action, or proceeding involving the validity or enforceability of any bond of a housing finance authority or the security therefore issued pursuant hereto, any such bond reciting in substance that it has been issued by the housing finance authority to assist in providing financing of a qualifying housing development to alleviate the shortgage of housing in its area of operation shall be conclusively deemed to have been issued for a qualifying housing development of such character. Section 14. Provisions of bonds and trust indentures. --In connection with the issuance'of bonds and in order to secure the payment of such bonds, a housing finance authority, in addition to the other powers granted pursuant to this act, shall have power: (1) To pledge all or any part of any payment made to the housing finance authority pursuant to any loan agreement or pursuant to a sale of any loan or loan commitment. (2) To covenant against pledging or assigning all or any part of any payments made pursuant to the sale of any loan or loan commitment or against permitting or suffering any lien on such payments; and to covenant as to what other, or additional, debts or obligations may be incurred by the housing finance authority with respect to any qualifying housing development. (3) To covenant as to the bonds to be issued and as to the issuance of such bonds in escrow or otherwise and as to the use and disposition of the proceeds thereof; and to provide for the replacement of lost, destroyed or mutilated bonds; to covenant against extending the time for the payment of its bonds or interest thereon; and to redeem the other bonds, covenant for their redemption, and provide the terms and conditions thereof. (4) To create or to authorize the creation of special funds for moneys held for construction costs, debt service, reserves, or other purposes; and to covenant as to the construction and disposition of the moneys held in such special funds. (5) To prescribe the.procedure, if any, by which the terms of any con- tract with the holder, of any bonds may be amended or abrogated, the amount of the bonds the holders of which must consent thereto, and the manner in which such consent may be given. (6) To covenant as to the rights, liabilities, powers, and duties arising upon the breach by the housing finance authority of any covenant, lf. MAY 91979 sooK 40 PAGE 251 condition, or obligation; and to covenant and prescribe as to events of default and terms and conditions upon which any or all of its bonds or obligations shall become or may be declared due before maturity and as to the terms and conditions upon which such declaration and its consequences may be waived. (7) To vest in a trustee or trustees or the holders of bonds or any pro- portion of them the right to enforce the payment of the bonds or any covenants securing or relating to the bonds; to vest in a trustee or trustees the right, in the event of a default by said housing finance authority, to collect the payments made pursuant to any loan agreement or pursuant to the sale of any loan or loan commitment and to dispose of such rights in accordance with the agreement of the housing finance authority with said trustee; to provide for the powers and duties of a trustee or trustees to limit the liabilities thereof; and to provide the terms and conditions upon which the trustee or trustees of the holders of bonds or any proportion of them may enforce any covenant or rights securing or relating to the bonds. Section 15. Validation of bonds and proceedings. --A housing finance authority shall determine its authority to issue any of its bonds, and the legality of all proceedings had or taken in connection' therewith, in the same manner and to the same extent as provided in chapter 75, Florida Statutes, for the determination by a county, municipality, taxing district, or other political subdivision of its authority to incur bonded debt or to issue certificates of indebtedness and of the legality of all proceedings had or r taken in connection therewith. Section 16. Actions to contest validity of bonds. --An action or proceeding to contest the validity of any bond issued under this act, other than a proceeding pursuant to section 15, must be commenced within 30 days after notification in a newspaper of general- circulation within the area of the passage by the housing finance authority of the resolution authorizing the issuance of such bond. Section 17. Remedies of an obligee of a housing finance authority. --An obligee of a housing finance authority shall have the right, in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee: (1) By mandamus, suit, action, or proceeding at law or in equity, to compel the housing finance authority and the members, officers, agents, or employees thereof to perform each and every term, provision, and covenant MAY 91979 �ooK 40 PAGE 252 I contained in any contract of the housing finance authority with or for the benefit of -such obligee and to require the carrying out of any or all of the covenants and agreements of the housing finance authority and the fulfillment of all duties imposed upon the housing finance authority by this act. (2) By suit, action, or proceeding in equity, to enjoin any acts or things which may be unlawful or the violation of any of the rights of the obligee by the housing finance authority. Section 18. Additional remedies conferrable by a housing finance authority. --A housing finance authority shall have power by resolution, trust . indenture, or other contract to confer upon any obligee holding or representing a specified amount in bonds, the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in such resolution or instrument, by suit, action, or proceeding in • any court of competent jurisdiction: (1) To obtain the appointment of a receiver of any payments made pursuant to any loan agreement or sale of any loan. If such receiver be appointed, he may collect and receive all payments made pursuant to any such loan agreement or sale of any loan or loan commitment and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of said housing finance authority as the court shall direct. (2) To require the housing finance authority and the members thereof to account as if it and they were the trustees of an express trust. Section 19. Availability of financing. --As long as a shortage of housing exists, a housing finance authority shall not unreasonably refuse to participate in the financing of any qualifying housing development upon request. Section 20. Liabilities of a housing finance authority. --In no event shall the liabilities, whether ex contractu or ex delicto, of a housing finance authority arising from the financing of any qualifying housing development be payable from any funds other than the revenues or receipts of such qualifying housing development. Section 21. Housing bonds exempted from taxation. --The bonds of a housing finance authority issued under this act, together with interest thereon and income therefrom, shall be exempt from all taxes. The exemption granted•by this section shall not be applicable to any tax imposed by chapter 220, Florida Statutes, on interest, income, or profits on debt obligations owned by corporations. U MAY 91979 Roos 40 PAGE 253 Section 22.� The provisions of this act shall be liberally construed in order to effectively carry out the purposes of this act. Section 23. If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given effect without. the invalid provision or application, and to this end the provisions of this act are declared severable. Section 24. Limitation on rates. --The intent of this legislation is that consumers receive maximum possible benefits; therefore, no lending institution receiving proceeds of bond issues pursuant to this act may loan any of the proceeds of such bond issue at the rate violative of federal arbitrage regulations. Section 25. This act shall take effect July 1, 1978. MAY 91979 BOOK 40 PAGE 254 MR. BLAND INFORMED THE BOARD THAT THE NEXT STEP WOULD BE TO PREPARE AN ORDINANCE AFTER PROPER PUBLIC NOTICE AND THEN ESTABLISH A HOUSING FINANCE AUTHORITY. ATTORNEY COLLINS ASKED IF THE REPORT MADE BY HOUGH & CO. SUPPLIED THE BOARD WITH SUFFICIENT INFORMATION TO ESTABLISH THE NEED, AND MR. BLAND FELT THAT IT SUPPLIED ENOUGH INFORMATION TO ESTABLISH THAT THIS TYPE OF PROGRAM IS NEEDED IN THIS COUNTY. IT WAS EMPHASIZED , THAT THIS PROGRAM DOES NOT RELATE TO THOSE WHO ARE ELIGIBLE FOR SUB- SIDIZED HOUSING OR INTERFERE IN ANY WAY WITH ANY OTHER HOUSING PROGRAM THAT MAY BE NEEDED. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE A PUBLIC HEARING IN REGARD TO CREATING A HOUSING FINANCE AUTHORITY. COMMUNITY DEVELOPMENT DIRECTOR ED REGAN INFORMED THE BOARD THAT JUDY TRUETT OF THE DEPARTMENT OF COMMUNITY AFFAIRS WAS UNABLE TO ATTEND THE MEETING TODAY AND JOEL ATKINSON HAS COME AS A REPRESENTATIVE OF THE DEPARTMENT TO DISCUSS THE RURAL HOUSING LAND ACQUISITION AND $ITE DEVELOPMENT TRUST FUND, MR. ATKI*NSON EXPLAINED THAT THE RURAL LAND ACQUISITION TRUST FUND PROGRAM MAKES MONEY AVAILABLE TO A COUNTY TO ACQUIRE AND DEVELOP A LAND SITE, WHICH THE COUNTY THEN CAN SELL TO PRIVATE INDIVIDUALS OR DEVELOPERS. THE ADMINISTRATIVE MONIES ARE RECOVERABLE AT THE CLOSING OF THE LOAN, AND PERSONS WITH INCOMES BETWEEN $7,000 AND APPROXIMATELY $15,000 ARE ELIGIBLE. MR. ATKINSON STATED THAT PIS. TRUETT HAS DEVELOPED OVER 400 SITES SO FAR, AND THE PROGRAM HAS BEEN VERY -SUCCESSFUL. DISCUSSION AROSE ABOUT HAVING TO SELL THIS PROPERTY THROUGH THE BID PROCESS AND ALSO ABOUT THE POSSIBILITY OF MAKING A PROFIT. MR, ATKINSON NOTED THE COUNTY CAN RECOVER THEIR COSTS BUT CANNOT MAKE A PROFIT. HE CONTINUED THAT MS. TRUETT GETS AN APPRAISAL FROM FMHA BECAUSE WE ARE WORKING WITH 502 MONIES, AND THEY WILL SET A MAXIMUM FOR CERTAIN SITES. COMMISSIONER SIEBERT COMMENTED THAT 502 IS FOR SINGLE FAMILY, BUT THESE SITES ALSO CAN BE USED FOR MULTI~FAMILY. 50 MAY 91979 � aooK 40 PAC E255 255 DISCUSSION AROSE ABOUT WHO DOES THE ACTUAL WORK ON THE DEVELOP- MENT, AND MR. ATKINS STATED THAT SOME COUNTIES HAVE DONE MOST OF THE WORK; SOME HAVE CONTRACTED OUT; AND IN SOME THERE HAS BEEN A MIXTURE. HE NOTED THAT IF A CONTRACTOR GOES OVER THE AMOUNT SET AS A GUIDELINE BY FMHA, THE SITE WOULD NOT BE ELIGIBLE FOR FMHA MORTGAGE LOANS: COMMISSIONER SIEBERT FELT IF THE COUNTY DEVELOPS THE SITE, IT WOULD REDUCE THE LAND COST CONSIDERABLY, WHICH IS WHAT WE ARE AIMING AT. CHAIRMAN WODTKE DISCUSSED USING $200,000, FOR INSTANCE, TO PURCHASE A SITE AND DEVELOP IT COMPLETE WITH ROADS, SEWER AND WATER, DRAINAGE, ETC., AND THEN SELLING IT EITHER TO AN INDIVIDUAL OR A DEVELOPER. HE NOTED THAT THE COUNTY DOES ALL THIS WORK AND THEN.THE BUYER DOESN'T HAVE TO BORROW AT 11% OR 12% TO DO IT. MR. ATKINSON STATED THAT INDIVIDUAL LOTS MUST BE OFFERED TO ELIGIBLE INDIVIDUALS FOR THE FIRST 3O DAYS. AFTER THAT YOU CAN OFFER TO A DEVELOPER. THIS IS RELATED TO SINGLE FAMILY, BUT THE MONEY SAVED ON DEVELOPMENT COSTS CAN BE PASSED ON TO EITHER RENTERS OR HOME OWNERS. THE COUNTY SAVES MONEY BY BEING ABLE TO BORROW AT 3%, AND THE MORE MONEY THE COUNTY CAN SAVE FOR THE PURCHASER, THE BROADER IS THE RANGE OF HOUSING THAT CAN BE MADE AVAILABLE. FINANCE OFFICER BARTON INQUIRED ABOUT DEED RESTRICTIONS AS TO WHAT IS TO BE BUILT, AND PSR. ATKINSON POINTED OUT THAT IN DEALING WITH FMHA THERE WILL BE A LOT OF RESTRICTIONS BUILT IN, THE DEVELOPER CAN'T JUST BUY THE LAND AND DO WHAT HE WANTS TO WITH IT BECAUSE IT HAS TO QUALIFY UNDER THE 5O2 SINGLE FAMILY PROGRAM OR 515 MULTI -FAMILY PROGRAM, COMMISSIONER LYONS QUESTIONED WHAT WOULD HAPPEN IF THE COUNTY WEREN`T ABLE TO SELL THE PROPERTY. MR. ATKINSON STATED THAT THEY HAVE NOT HAD ANY DEFAULTS SO FAR, BUT FELT.THE THREE YEARS WOULD BE EXTENDED IF THERE WERE ANY PROBLEM, COMMISSIONER SIEBERT DISCUSSED THE POSSIBILITY OF SELECTING YOUR*DEVELOPER BEFORE YOU MAKE THE IMPROVEMENTS SO YOU CAN DO THEM IN ACCORDANCE WITH WHAT THE DEVELOPER PLANS TO PUT ON THERE. COMMUNITY DEVELOPMENT DIRECTOR REGAN POINTED OUT THE TITLE WILL BE IN THE COUNTY,SO WHATEVER RESTRICTIONS WOULD APPLY TO SELLING COUNTY PROPERTY SHOULD APPLY IN THIS SITUATION, 51 MAY 91979 EOOK 40 PAGE 256 I ATTORNEY COLLINS STATED THAT THE LAND MUST BE ADVERTISED, BUT THE COUNTY CAN SET THE PRICE AND SPECIFICATIONS. HE NOTED THE BOARD HAS THE DISCRETION TO REJECT ANY BID, COMMUNITY DEVELOPMENT DIRECTOR REGAN STATED THAT HE HAS BEEN BIDDING IN OTHER COUNTIES WHERE THEY SET DESIGN CRITERIA AND ALLOT THE BIDDERS SO MANY POINTS PER THE CRITERIA SET. HE ALSO MENTIONED SOCIAL CRITERIA WHERE YOU ONLY SELL TO PEOPLE WITH A CERTAIN INCOME LEVEL, OR WITH A CERTAIN NUMBER OF CHILDREN, ETC. DISCUSSION CONTINUED ON POSSIBLY NEGOTIATING WITH A DEVELOPER WHO HAS A CERTAIN AMOUNT OF LAND HE WANTS TO DEVELOP, AND ATTORNEY COLLINS FELT THERE ARE ALL KINDS OF VARIATIONS WE WILL HAVE TO ADDRESS. COMMISSIONER SIEBERT FELT POSSIBLY WE SHOULD HOLD OFF ON PASSING A RESOLUTION BECAUSE THERE IS A POSSIBILITY WE COULD GET $400,000 IN- STEAD OF $200,000, AND MR. ATKINSON SUGGESTED HAVING THE RESOLUTION RELATE TO $400,000 AND THEN JUST TAKE THE MAXIMUM WE CAN GET, COMMUNITY DIRECTOR REGAN AGREED, NOTING THAT TWO PRIVATE DEVELOPERS HAVE ALREADY•APPROACHED HIM ABOUT DEVELOPING MULTI -FAMILY, HE STATED THAT THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE THOROUGHLY DISCUSSED THIS PROGRAM AND RECOMMEND ITS APPROVAL AND ENDORSE THE PRO- GRAM. THEY FEEL BOTH SINGLE FAMILY AND MULTI -FAMILY SHOULD BE ENCOURAGED. HE PRESENTED A PROPOSED RESOLUTION, ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 79-44 SUBJECT TO FINAL REVIEW BY THE ATTORNEY, MAY 91979 52 BOOK 40 PAGE 25 ! 1 RESOLUTION NO. 79-44 A RESOLUTION OF THE INDIAN RIVER COUNTY HOUSING AGENCY, INDIAN RIVER COUNTY, FLORIDA, REQUESTING CONSIDERATION FOR INCLUSION IN THE FLORIDA RURAL HOUSING LAND ACQUISITION AND SITE DEVELOPMENT ASSISTANCE PROGRAM ADMINISTERED BY THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY AFFAIRS WHEREAS, Indian River County, (Hereinafter referred to as the APPLICANT) wishes to make application to the State of Florida, Department of Community Affairs (hereinafter referred to as the DEPARTMENT) Rural Housing Land Acquisition Site Development Fund for a loan from the Department as provided in Chapter 74-168 Laws of Florida, to assist the Applicant in acquiring land, planning, designing and constructing building sites for housing for persons of low or moderate income; and WHEREAS, the Applicant has determined that a need for approximately 100 units of such housing exists, and, as evidenced by an inventory of housing needs, and survey responses conducted during 1977-1978 (Exhibit I)s and WHEREAS, the Applicant anticipates developing residential building sites in Gifford, Florida, requiring a loan from the Department in the amount of $400,000.00; and WHEREAS, the Applicant has determined that funds are or will be available for the construction, maintenance or support of such housing as evidenced by the attached Exhibit 2; and WHEREAS, the Applicant has determined that a loan for land acquisition and development cannot be obtained from private lenders on terms and conditions that Applicant can reasonably be expected to meet (Exhibit 3); and WHEREAS, this Resolution is adopted for the purpose of making application to the Department for the purpose of obtaining such a loan; NOW, THEREFORE, be it resolved•by the Indian River County Housing Agency as follows.: MAY 91979 sou 40 PAGE 258 Section 1. The Applicant has legal authority to execute a Loan Agreement with the Depart- ment as contemplated by this Resolution. Section 2. The Applicant will comply with Chapter 74-168, Laws of Florida, and all Rules and Regulations of the Department and such other Federal, State, or local agencies that are concerned with the development and sale of proposed project, and this Application will furnish all information required by the Rules and Regulations of the Department. Section 3. The Applicant will apply and use any funds borrowed from the Department to acquire, plan, design and construct improvements on the land described herein. Section 4. The following officers of the Applicant and their address namely: Community Development Director and William C. Wodtke, Chairman Board of County Commissioners 2121 - 14th Avenue, Vero Beach, Florida, 32960 are hereby authorized to represent the Applicant with the Department on behalf of the Applicant. Section 5. This Resolution shall take effect immediately. PASSED AND DULY ADOPTED this 9th day of May , 1979. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY FLORIDA Ch an ATTEST: FREDA WRIGHT, Clerk, Circuit Court Ex -Officio Clerk, Board of County Commissioners of Indian River County, Florida. '/ / By. ( Clerk. APP OVED A 0 F AND 1 ECUTION: /A - e r' - e . Collins, Jr., Co my Attorney Date: MAY 91979 40 ?AGEr9 COMMUNITY DEVELOPMENT DIRECTOR REGAN REPORTED THAT WHEN HE ' AND COMMISSIONER LYONS JOURNEYED TO JACKSONVILLE APRIL 17TH TO EXPLORE THE STATUS OF THE SECTION 8 BUDGET, HUD's POSITION WAS THAT THEY SHOULD BRING THEIR ADMINISTRATIVE GUIDELINE DOWN PER CASE. HE BELIEVED THAT HUD WOULD BE WILLING TO GO ALONG WITH THE BUDGET HE IS NOW SUBMITTING AND THAT THE COUNTY WOULD BE ABLE TO OPERATE WITHIN IT. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, TO APPROVE THE PROPOSED SECTION S EXISTING RENTAL HOUSING ASSISTANCE PROGRAM ADMINISTRATIVE BUDGET AS SUBMITTED. COMMISSIONER SIEBERT COMMENTED THAT IF WE GET THIS MONEY, WE HAVE NOWHERE TO PUT THE PEOPLE. MR. REGAN STATED THAT HE DOES NOT REALLY KNOW HOW MANY UNITS THERE ARE OUT THERE WITH WHICH WE CAN IMPLEMENT THE PROGRAM, BUT WE WILL NEVER KNOW UNTIL WE HAVE TRIED. HE FELT THERE ARE PEOPLE IN HOUSING NOW THAT CANNOT AFFORD TO PAY THE RENTS THEY ARE PAYING, AND IF IT IS SAFE AND SANITARY HOUSING, POSSIBLY WE CAN HELP THOSE ALREADY IN EXISTING STRUCTURES. HE INFORMED THE BOARD THAT THE PRESENT GUIDELINES AND THE MARKETPLACE ARE NOT IN ACCORD, AND THE ADMINISTRATOR OF THE PROGRAM MUST ARGUE THIS WITH THE FEDERAL GOVERNMENT. DISCUSSION AROSE ABOUT HIRING OF PERSONNEL TO IMPLEMENT THIS PROGRAM. MR. REGAN STATED THAT BASICALLY AT THE OUTSET JUST A PROGRAM MANAGER WOULD BE HIRED. HE FELT HE COULD CHARGE HIS OWN START-UP TIME (INTERVIEWING, ETC.) AGAINST THIS PROGRAM, BUT NOTED THERE IS NO ADMINISTRATIVE MONEY IN IT FOR HIM. CHAIRMAN WODTKE FELT THAT POSSIBLY JUST ONE PERSON COULD HANDLE THE START-UP, THEi.ACCOUNTINti,. ETC., BUT MR. REGAN INFORMED HIM THAT THE FIRST YEAR IS YOUR MAXIMUM WORK LOAD BECAUSE YOU HAVE TO SCREEN OUT MANY APPLICANTS -BEFORE YOU FILL THE UNITS, ONCE THE UNITS ARE FILLED, THERE IS NOT 100% TURNOVER, AND ONE GOOD MAN WITH ACCOUNTING ORIENTATION SHOULD BE ABLE TO HANDLE 120 APARTMENTS. COMMISSIONER SIEBERT ASKED WHO WOULD QUALIFY THE UNITS AND DECIDE IF THEY ARE SAFE AND SANITARY, AND MR. REGAN STATED THAT IT WOULD BE THE PROGRAM MANAGER, THE -CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY, SAID BUDGET IS HEREBY MADE A PART OF THE MINUTES. 55 MAY 91979 FooK 40 PAGF 260 I M E M O R A N D U M TO: Board of County Commissioners FROM: E ward J. Rig n � ��� DATE: April 26, 19;79 RE: Section 8 Existing Rental Housing Assistance Program Administrative Budget In a meeting with the Housing Programs Management branch of H.U.D. on April 17, 1979 we reached tentative.agreement on the Section 8 administrative budget. A copy is attached. They are into a fiscal year so they add that to the next fiscal year making a fiscal year of 17 months. Our Annual Contributions Contract calls for $225,204 per year of rental assistance which is $1,126,020 for five years and the additional 5 months is $93,835 for a total of $1,219,855. The attached budget calls for an additional administrative start-up budget of $57,125 plus $8,972 for the 5 additional months. A total of $66,097 for the 17 months. We seek authorization of the Board of County Commissioners for the Chairman to execute revised "Estimate of Total Required Annual Contributions" HUD Form 52673. EJR:mw Attach, MAY 91979 SOCK 40 PACE 2�� I U.S. DEPARTMENT OF HOUSING AND URnAN DEVEEOPMrNT TYPE OF LEASING METHOD (Cheek Une) ASSISTANT SECRETARY FOR HODS ING FEDERAL HOUSING COMMISSIONER SECTION $-HOUSING ASSISTANCE PAYMENTS PROGRAM - ❑ New Construction INITIAL ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS Q Rehabilitation '(PREL1b11NARY COSTS) ® Existing (To Be Submitted to HUD for Approval Prior to 1111D Execution SUBMISSION of the Annual Contributions Contract (ACC)) [] Original © Revision Revision No. 1 NAME AND ADDRESS OF PUBLIC HOUSING AGENCY ANNUAL CONTRIBUTIONS CONTRACT NO. Indian River County Board of County Commissioners A-3409 2145 14th Avenue Vero Beach, Florida 32960 HUD FIELD OFFICE PROJECT NUMBER U.S. Dept. of Housing & Urban Development 661 Riverside Ave. Peninsular Plaza FL -29-E132-001 Jacksonville, Florida HUD REGIONAL OFFICE NUMBER OF DWELLING UNITS U.S. Dept. of HUD 1371 Peachtree St,., N.E. 120 Atlanta, GA 30309 REQUESTED AMOUNT LINE ITEM DESCRIPTION NUMBER. PHA HUD ESTIMATES MODIFICATIONS PART 1—PREtAMINARY ADMINISTRATIVE EXPENSE ' A. Prior to Execution of ACC 010 Administrative Salaries — 020 Employee Benefit Contributions — 030 .Legal Expense — 040 Travel Expense — 050 Sundry — _ 060 TOTAL COSTS PRE -ACC (Lines 010 through 030) — B. New Construction and Rehabilitation: From Date of ACC to Beginning of First Fiscal Year; Existing: From Date of ACC to End of Leasing Schedule B. 1 Administrative Expense: 110 Salaries s 120 Legal Exaense 750_ I 130 Travel Exaense 950 I 140 Accounting Fees 0 Q Office Rgn — 160 Sundry 4,070 110 TOTAL ADMINISTRATIVE EXPENSE (Lines llo-160) 29,960 B. 2 General Expense: 210 Maintenance 220 Insurance 230 EmDlovee Benefit Contributions 8,640 2.10 Sundry_ _6-,295 250 TOTAL GENERAL EXPENSE (Lines 210 throurh 240) 16,785 $46' 745 2S0 TOTAL PRELIMINARY EXPEt1SE — AF7ER ACC (Line 170 plus Line 250) Previous edition is obsolete MAY 91979 ' IT �ooK 40 PAGE zs2 I MAY 91979 i f i {e t C s i{ I I L i• HUU-526)1 112-71) f ft • F ROOK® PACE 263 REQUESTED AMOUNT LINE ITEM DESCRIPTION NUMBER PHA HUD. ESTIMATES MODIFICATIONS PART 11—HONEXPENDABLE EQUIPMENT r 310 Office Equipment MAY 91979 i f i {e t C s i{ I I L i• HUU-526)1 112-71) f ft • F ROOK® PACE 263 REQUESTED AMOUNT LINE ITEM DESCRIPTION NUMBER PHA HUD. ESTIMATES MODIFICATIONS PART 11—HONEXPENDABLE EQUIPMENT 310 Office Equipment 1 , 950 2,430 320 Office Furnishings 330 Automotive 5,500 340 Other 500 350 TOTAL NONEXPENDABLE EQUIPMENT (Lines 310-3•s0) 10,380 550 PART III -TOTAL INITIAL ESTIMATES OF REQUIRED ANNUAL CONTRIBUTIONS (Preliminary Costs) (Lines $ 57 , 125 060,280 and 350) (Not to exceed Line 700) PART IV- MAXIMUM ANNUAL CONTRIBUTIONS ' AVAILABLE FOR PRELIMINARY COSTSs $319,039 610 Maximum Totol.Annual Contribution Available bv:7 64os5 foSO L25i : G%•+i/:� (j/ Ccs t�: fs F:on1 Estimated Requirements of Annual Contributions for Qther than Preliminary Costs for First Twelve Months of the Project (increment): ' 660 Housing Assistance Payments 93 , 945 l 670 Administrative Fee 12 375 680 Provision for ACC Reserve Acct. or Proi. Acct. !S nj line 610) 690 TOTAL EST1,1 ATED REQUIREftENT OF ANNUAL CONTRIBUTIONS FOR OTHER THAN PRELIMINARY 122,272 COSTS (Lines 660. 670 and 680) 700 Maximum Annual Contributions Available for Preliminary 96 , 767 Costs (Line 610 mieus-Line 690), s MAY 91979 i f i {e t C s i{ I I L i• HUU-526)1 112-71) f ft • F ROOK® PACE 263 HUD Section 8 Program Start -Up Budget (12 months) Line Item Breakdown Preliminary Administrative Expense A. - Prior'to execution of Annual Contributions Contract $ 00 B. Existing: From Date of Annual Contributions Contract to end of First Fiscal Year Administrative Expense: 110 Administrative Salaries Program Manager ($12,000 Annual plus merit $12,720 increases) Accounting Clerk/Bookkeeper ($9,500 Annual 10,070 plus merit increases) Consulting Services 1,400 120 Legal fixpenses 750 130 Travel Expenses 95.0 140 Accounting Fee 0 150 Office Rent County Inkind 160 Sundry Office Utilities County Inkind Telephone ('installation & service) 800 Long distance phone calls 1,200 Office Supplies 950 Printing 200 Xerox Paper 480 Stamps 440 170 Total Administrative Expense After ACC $29,960 MAY 91979 aoa 40 PAGE 264 HUD Section 8 Program Start-Up Budget (12 months) Line Item Breakdown Page 2 General Expense: 210 Maintenance Auto maintenance $ 750 Office machine maintenance 200 220 Insurance Auto insurance 600 Bonding 300 230 Employee Benefit Contribution 8,640 Health insurance, state retirement, social security, other. 240 Sundry Gas for auto B95 Advertising 800 Mileage Reimbursement 700 Xerox Rental/Purchase 3,400 Miscellaneous 500 250 Total General Expense 16,785 280 Total Preliminary Expense - After ACC 46,745 Non-Expendable Equipment 310 Office Equipment One typewriter. $ 850 Two calculators•. 550 Tape recorder system 450 Other 100 MAY 91979 Boa 40 FacE 265 HUD Section 8 Program Start -Up Budget (12 months) Line Item Breakdown Page 3 3.20 Office Furniture Three File Cabinets $ 360 Two Desks 575 Two Desk Chairs 320 Table/shelves/chairs (client waiting room) 850 Storage cabinet (supplies) 325 330 Automotive ' One auto (purchase) 5,500 340 Other 500 350 Total Non' -Expendable Equipment $10,380 Total Estimated Budget Before ACC $ 00 After ACC $57,125 (12 mos.) MAY 91979 1 BOOK 40 PAGE 266 I U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT • SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS NAME AND ADDRESS OF PUBLIC HOUSING AGENCY Indian River County Board of County Commissioners 2145 14th Avenue Vero Beach, Florida 32960 HUD FIELD OFFICE HUD REGIONAL OFFICE ' U.S. Dept. of Housing & Urban Development U.S. PeachtreeHSDt.,NE Area Office 6.61 Riverside Avenue Atlanta, GA 30309 Peninsuvilleaz ,lacksonAC CONTRACT NUMBER A-3409 - -7 40JECT NUM1111H (3-111 - F ?_ 9-F 1 32 YPE OF LEASING MCTF/OD (Check one) New Construction I I --j Rehabilitation 2C3 Existing 31x7 Y ENDING (13) 197_ 7 mon. FY (lb) (Check one) Mat 31 10 Sep 30 3 CE Jun 30 2C3 Dec 31 4Q IUMBER OF DWELLING UNITS Its -18) 120 1,913 SUBMISSION (25) O Original ® Revision Revision No. 1 PART I — ESTIMATE OF ANNUAL HOUSING ASSISTANCE PAYMENTS REQUIRED (261 .i27 -.B1 ' t27-28) I (29) (30-33) (34-38) (39-431 (44-40) HUD=APPROVED 2 -BR (49-54) (55-64) NO. BASIS UNIT MONTHS FAIR MARKET RENT PERCENT AMOUNT MONTHLY (t1 UNIT ANNUAL (4) i SIZE OF NO.OF MONTHLY PAYABLE HOUSING MONTHS HOUSING INE LINE 02 DWELLING ;ROSS BY FAMILY ASSISTANCE I UNDER ASSISTANCE PAYMENTS UNITS UNITS RENT TOWARD PAYMENTS - LEASE t l2i I (3) GROSS RENT (51- I (6) (7) til -- —� MAY 9 1979 BOOK 40 PAGE 267 01'8! 3 11.4 0 45 3,600 Effi. - — 0233 33.. 100 652 65,200 1 BR.._ _ 44 __1 -- -- -- 03a 2 BR - - - 3.1.....-- 159 --- 46 113 461 52,093 —' 04 35 17 9---- 55 124 523 64,852 3 BR -- -- -- .. 05 7 197_ ' 29 168' 232 38,976 4 BR _ 06 01 08 09 224,72.1 10 TOTAL PART 2 — CALCULATION OF, ADMINISTRATIVE FEE (=6) .i27 -.B1 129-34} (35-39 (40-44) (4S-54) ' . LINE HUD=APPROVED 2 -BR ALLOWABLE ADMINISTRATIVE FEE1 NO. BASIS UNIT MONTHS FAIR MARKET RENT PERCENT • (t1 t21 (3) (4) 01 PER- 1913 159 .0$�i 25,854.19 1 ' CENT .. — .. .. ... .._- :\^ \::\� .. ::; .•.\aavuat\taa:.?I.�\3.r"4' _.�••�w•.ov • :•..:, p. ...•, s. 2£1,695 00 02 15.00 1913 _ ' J . 0 0 $28,! 9r i 03 ,®v8uu/ LdlUun 11 Ulltululn MAY 9 1979 BOOK 40 PAGE 267 ( SECTION 6—HOUSING ASSISTANCE PAYMENTS PROGRAM 'ESTIMATE OF TOTAL REQUIRED ANNUAL CONTRIBUTIONS •AME AND ADDRESS OF PUBLIC HOUSING AGENCY: Indian River County Board of County Commissioners 2145 14th Avenue Vero Beach; Florida 32960 -JD FIELD OFFICE: U.S. Dept. of .Housing & Urban Development Area Office 661 Riverside Avenue - Peninsular Plaza Jacksonville, Florida tUD REGIONAL OFFICE: U.S. Dept. of HUD 1371 Peachtree St., N.E. Atlanta, GA 30309 (26) LINE LIMBER ITEM DESCRIPTION 27-28) AtAXIMUM ANNUAL CONTRIBUTION —01. llaximum Annual Ccntributlon Au+horixed 02. prcRZ+. Maximum Annual Contributions- Applicable to a Period of Less than 12 Months by 12 Resul t x 5 = 03. Maximum Anr.•_r.l Comributi3ns for F,scal Year 11 -me 01 plus 02) Project Account—Balance at End of Current Fiscal Year—Estimated or Actual 04. (Balance Prerio s Fiscal Year S 05. I Total Annual Contributions Available—Estimoted or Actual (Line 03 plus Lure 04) PROJECT NUMU64 13-11) FL 9 —: 1 3 2-1 01A TYPE OF LEASING METHOD (Chvch inti) I 1121 1. Q Now Construction 2. Rehabilitation 3. Existing FY ENDING 197 80 4131 (14) 1. C] March 31 2. Q June 30 3. ® September 30 ( 1 7 months) 4. C—] December 31 NUMBER OF DWELLING UNITS 115-18) 120 NUMBER OF UNIT MONTHS (19-24) 1913 SUBMISSION (25) M Original ® Revision Revision Number 1 AC CONTRACT NUMBER APPROVED REQUESTED AMOUNT ESTIMATE OF REQUIRED ANNUAL PER PHA HUD CONTRIBUTIONS MODIFICATIONS (Column 1) (Column 2) (Column 3) (29-381 (39-481 (49-58) 225,204 :..... 93,335 ESTIMATE 6F REQUIRED ANNUAL CONTRIBUTIONS (Housing Assistance andAdministration) 06. Housing Assistance Povments—Form HUD -52672, Pgrt I, Line 10 07, Administrative Fec—Form HUD-52672,Part 2,Ltne 03 08Independent Public Accountant Audit Costs INITIAL ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS (Preliminary Costs) 09 Preliminary Administrative Expense—Prior to ACC—Form HUD -52671, Part IA, 10. Preliminary Administrative Expense—After ACC—Form HUD -52671, Port IB, Line 280 Nonexpendai:le E4u,pment—Form HUD -52671, Part 11, Line 350 12. Total Annual Contributions Reouircd—Requested Year 13. Deficit of End of Current Yeor—Estimated or Actual _ 14. Total Annual Contributions Required 15. Excess Project Account Balance at End of Requested Fiscal Year (Line 05. Column : news 11n Id. Column -) 16. Provision for Project Account—Requested Fiscal Year—Inciease (Decrease)(Line 15 minus Line 04) ANNUAL CONTRIBUTIONS 17. Total Annual Contributions Approved—Requested Fiscal Year (Line 14. Column 2. h+c nBrra rr It, ­;Lige 161 Source of Total Annual Contributions Approved—Requested Fiscal Year: (a) Requested Fiscal Year Maximum Annual Contributions Authorized (Line 03 or 1f1. Line 17. whicherer is lesser) (b) Protect Account (Lint- 17 minus Line 18(a)). SAME AND TITLE OF PHA A-PPROVING OFFICIAL SIGNATURE William C. Wodtke, Jr. Cha•i rman Indian River Board of County - Commissioners SAME AND TITLE OF HUD FIELD OFFICE • SIGNATURE APPROVING OFFICIAL a +rvious Edition i, Uhluhrra MAY 91979 1 00 i' 319,039 224 ;721 28,695 46,745 10,3$0 D 01 T YTT73_4T 8,4988 3,498 319,039 319,039 DATE I DATE NUU W-613 11: 11) V / 1 BOOK 4O PAGE 2fi� HUD Section 8 Program StArt-Up Budget Second Phase 5 Months (of 17 Month FY) Line Item Breakdown Preliminary Administrative Expense Administrative Expense: 110 Administrative Salaries Program Manager ($13,440/yr. 12 x 5 mo. Accounting Clerk/Bookkeeper ($10,640/yr. 12 x 5 mo. 120 Legal:Expenses 130 Travel Expenses 140 Accounting Fee .150 Office Rent 160 Sundry Office Utilities Telephone (installation & s Long distance phone calls Office supplies Printing Xerox Paper Stamps 170 Total Administrative Expense After ACC MAY 91979 $2,800 2,217 100 200 0 County Inkind County Inkind 200 125 200 50 100 100 $6,042 j BOOK 40 PA.GE 269 1 HUD Section 8 ".. MAY 91979 BOOK 40 PAGE 270 Program Start -Up Budget (5 months) •. Line Item Breakdown Page 2 i General Expense: 210 Maintenance Auto maintenance $ 150 Office machine maintenance 50 229 Insurance Auto insurance ., 250 Bonding 1.25 230 Employee Benefit Contribution 1,505 Health insurance, state retirement, social security, other. 240 Sundry Gas for auto 200 Adverti.5ing 150 Mileage Reimbursement 100 Xerox Rental/Purchase 250 Miscellaneous 100 250 Total General Expense- 2,880 280 Total Preliminary Expense - After ACC ..$8,972 Total Estimated Budget Before ACC $ 00 •After ACC $8,972 (5 mos.) MAY 91979 BOOK 40 PAGE 270 L -J SURVEYOR S. P. MUSICK RETURNED TO THE MEETING WITH ADDITIONAL INFORMATION IN REGARD TO ROMAR SUBDIVISION. HE STATED THAT THEY HAVE NOW PROVIDED FOR A 15' WIDE ACCESS AND UTILITY EASEMENT, HAVE IDENTIFIED THIS AS TRACT A, AND HAVE INCLUDED THE NECESSARY CERTIFICATIONS AND PLACES TO SIGN. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF ROMAR SUB- DIVISION AS REQUESTED BY ROLAND MILLER. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL OF ROMAR SUBDIVISION. COMMUNITY DEVELOPMENT DIRECTOR REGAN DISCUSSED REQUESTS MADE OF THE COMMISSION BY THE GIFFORD PROGRESSIVE CIVIC LEAGUE IN REGARD .TO THE GIFFORD PARK PER THEIR LETTER OF APRIL 9TH AS FOLLOWS: a;'Qf`1j GIFFORD PROGRESSIVE CIVIC LEAGUE t- �`'•'�� 24.20 445th Street M7Ei� Gifford, Florida 32960 April 9. 1979 Mr. William C. Wodtke, Chairman. Board of County Commissioners 2145 14th Avenue \. Vero Beach, Florida 32960 ' Rea A. Assistance in helping to solve the problem of dump- ing trash and garbage at the park. B. Assistance. -in clearing the area to benefit senior citizens. Dear Mr. Wodtke: The Gifford Progressive Civic League requests the use of a county bulldozer to clear a portion of the undeveloped area north of the baseball field so that we can use this for our workers to construct an all=purpose recreation area for the senior citizens. We believe -this can be completed in about four hours. We would like to use the brush, roots, stumps, etc. to block off the entrance to the area now being used by persons unknown for dumping trash, rubbish, etc. in the un- developed area. If possible, we could use a disk to work the area north- west of the ball park. We would like to use this area for a practice field for the younger athletes. 66 MAY 91979 BOOK 40 PAGF 271 We would appreciate your giving this matter your immediate attention. ''nCerely, /*i" (�,' �t....�. J.-R'lph Lundy, PVesident Gifford *Progressive Civic League JRL/l jb P.S. Reminding Mr. Reagan of the discussion we had regarding the field to be blocked off. MR. REGAN INFORMED THE BOARD THAT HE CANNOT ASSIGN ANY ADDITIONAL COM- MUNITY DEVELOPMENT FUNDS TO THE GIFFORD PARK AT THIS TIME AS THEY ARE COMMITTED TO FINISHING THE GEOFFREY SUBDIVISION. RALPH LUNDY, PRESIDENT OF THE GIFFORD PROGRESSIVE CIVIC LEAGUE, REVIEWED IN DETAIL THE VARIOUS THINGS THE LEAGUE HAS ACCOMPLISHED AT THE PARK AND THE MONIES THEY HAVE SPENT, INCLUDING UTILITIES BILLS, $1,200 TO JOHN TRODGLEN FOR WORK ON THE PROPOSED TENNIS COURTS, ETC. HE STATED THAT 12 CETA WORKERS HAVE BEEN EMPLOYED UNDER A NEW CETA GRANT AND ARE PRESENTLY INVOLVED IN A TRAINING PROGRAM. HE CONTINUED THAT THEY HAVE PURCHASED TOOLS FOR THEM, AND THEY HAVE CLEARED A GOOD PORTION OF THE NORTH END OF THE PARK. MR.•LUNDY DISCUSSED THEIR PLANS FOR FURTHER DEVELOPMENT OF THE PARK, INCLUDING AN AREA FOR SENIOR CITIZENS, A SHUFFLEBOARD COURT, JOGGING TRACK AND FOOTBALL FIELD AND STRESSED THE • NEED FOR COUNTY EQUIPMENT TO ASSIST WITH THIS. HE STATED THEY WOULD ALSO LIKE TO HAVE THE USE OF TWO OR THREE COUNTY TRUCKS TO HAUL THE RUBBISH, PALMETTOS, ETC., TO BLOCK OFF A PORTION OF THE FIELD WHERE PEOPLE PRESENTLY ARE DUMPING TRASH, HE FURTHER NOTED THAT THEY HAD PREVIOUSLY REQUESTED PERMISSION TO CLOSE THE PARK AT SUNDOWN, IF NECESSARY. CHAIRMAN WODTKE COMMENTED THAT THE ILLEGAL DUMPING WAS DIS- CUSSED AT OUR LAST MEETING, AND ASSISTANT ADMINISTRATOR NELSON AND THE LITTER OFFICER NEEDED TO FIND OUT WHO WAS CAUSING THE DUMPING PROBLEM PRIOR TO A DECISION BEING MADE TO BLOCK THE AREA. M MAY 91979 BOOK 40 PAGF. 272 m ASSISTANT ADMINISTRATOR NELSON REPORTED THAT THE LITTER OFFICER DID NOT HAVE MUCH SUCCESS EVEN THOUGH HE INCREASED PATROLS. HE REPORTED THEY DID PUT A CONTAINER OUT THERE. MR. REGAN SUGGESTED THAT, INSTEAD OF TYING UR A TRUCK AND A DRIVER, THE CETA WORKERS COULD FILL UP THE CONTAINER AND THEN IT CAN BE MOVED OUT. HE FELT THEY COULD MOVE EVERYTHING BUT THE HEAVY ITEMS. COMMISSIONER LYONS INFORMED THE BOARD THAT THE CITIZENS , ADVISORY COMMITTEE HAS GIVEN THEIR CONCURRENCE TO LOCATING THE COLLECTOR STATION ON SOUTH GIFFORD ROAD, WHICH HE FELT WOULD PROVIDE SOME RELIEF FOR THIS SITUATION. A BARBED WIRE FENCE WAS SUGGESTED AS A POSSIBLE SOLUTION, BUT MR. LUNDY FELT THIS WOULD BE A WASTE OF TIME AND EFFORT, BECAUSE THE AREA WAS WIRED OFF BEFORE, AND THE DUMPERS SIMPLY USED A TRUCK TO PULL IT DOWN. HE NOTED THAT THE ABUSE STEMS FROM LINDSEY ROAD AT THE BLIND END OF THE PARK. COMMISSIONER LOY NOTED THAT IT IS NECESSARY TO CROSS A BRIDGE TO GET INTO THAT AREA OF THE PARK AND POSSIBLY THE BRIDGE SHOULD BE CLOSED. SHE WAS NOT IN FAVOR OF CREATING A JUNK PILE MADE OUT OF TREES AND PALMETTOS TO BLOCK OFF THE AREA. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO CLOSE THE•BRIDGE AT THE NORTH END OF GIFFORD PARK LEADING OUT TO LINDSEY ROAD. COMMISSIONER SIEBERT ASKED HOW MUCH CETA MONEY HAS BEEN SPENT i ON THIS PROJECT. MR LUNDY STATED THAT IT AMOUNTED TO AROUND $76,000 FOR THE PAST YEAR FOR SALARIES AND ADMINISTRATION, AND THEY HAVE GOTTEN ANOTHER GRANT FOR $84,000. DISCUSSION FOLLOWED ON THE MASTER PLAN FOR THE PARK, MR. REGAN WILL CHECK WITH THE PLANNING DEPARTMENT ON THIS. IT WAS GENERALLY AGREED IF THE COUNTY COULD LEND SOME ASSISTANCE WITH THE DISKING, ETC., IT WOULD CREATE A LOT OF WORK FOR THE CETA PEOPLE. ON LOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LYONS, THE BOARD'UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO PROCEED •. MAY 91979 ROOK® PACE 273 s WITH THE WORK REQUESTED BY THE GIFFORD PROGRESSIVE CIVIC LEAGUE IF, IN HIS OPINION, THE WORK CAN BE DONE EXPEDITIOUSLY WITHOUT GREAT INCON- VENIENCE TO THE ROAD AND BRIDGE DEPARTMENT, CONSULTING ENGINEER .JAMES BEINDORF CAME BEFORE THE BOARD TO REPORT ON THE STATUS OF THE 6TH AVENUE SEWER ALLOCATIONS, HE -STATED THAT THE ASSISTANT ADMINISTRATOR SENT OUT FLYERS TO THE MULTI -FAMILY AND - COMMERCIAL ESTABLISHMENTS IN THIS AREA TO SEE IF THEY WANTED TO TIE INTO THE COUNTY SYSTEM FOR SEWAGE, MR. BEINDORF STATED THAT THE RESPONSE ACTUALLY WAS QUITE POOR AND THEIR PREVIOUS REPORT ANTICIPATED MORE THAN ARE SHOWN PRESENTLY; SO THERE IS.NOW A RESERVE OF 790 CONNECTIONS. HE INFORMED THE BOARD THAT THE TOTAL DEMAND FROM ALL THE PEOPLE WHO HAD WRITTEN IN TO THE COUNTY REQUESTING TIE-INS OVER THE PAST FIVE OR SIX MONTHS AMOUNTS TO 1,037 UNITS, WHICH WOULD MAKE US ROUGHLY 200 UNITS SHY. HE ASKED'THE BOARD WHAT KIND OF PROCEDURES THEY WISHED TO ESTABLISH TO ALLOW PEOPLE TO TIE INTO THE 6" FORCE MAIN AND ALSO BROUGHT UP THE MATTER OF SEWAGE RATES, HE COMMENTED THAT THEY WOULD LIKE TO WORK ON A BASIS OF NO MORE THAN 10 UNITS PER ACRE, COMMISSIONER SIEBERT NOTED THAT WE•INTENDED TO RESERVE ALLOCA- TION FOR THE ESTABLISHMENTS LISTED ON THE FIRST PAGE OF THE ENGINEER S REPORT AND BELIEVED IT WAS FELT WE SHOULD MAKE THE BALANCE AVAILABLE ON A FIRST COME, FIRST SERVED BASIS FOR WHOEVER GETS THEIR SITE PLANS APPROVED FIRST, DISCUSSION FOLLOWED ON REQUIREMENTS FOR ALLOCATIONS AND THE ADVISABILITY OF REQUIRING CONSTRUCTION DRAWINGS IN ADDITION TO SITE PLAN APPROVAL AND SETTING A SPECIFIC TIME PERIOD BECAUSE'WE DO NOT WANT THE ALLOCATIONS USED FOR SPECULATION, ATTORNEY COLLINS NOTED THAT THE APPLICANT SHOULD SHOW THEY HAVE A SOURCE OF WATER. COMMISSIONER LYONS SUGGESTED THE APPLICANT COULD APPLY FOR THEIR ALLOCATION CONCURRENT WITH THEIR APPLICATION FOR A BUILDING PERMIT, AND THE ALLOCATION WOULD BE IN EFFECT FOR A CERTAIN PERIOD OF TIME. ENGINEER BEINDORF FELT THE DER WILL ISSUE PERMITS CONTINGENT ON THE LINE BEING THERE TO USE, AND THAT THEY WILL WORK WITH US BECAUSE THEY KNOW WHAT WE ARE TRYING TO DO. .MAY 91979 mol BOQK'® PAGE THE BOARD THEN DISCUSSED RESERVING SOME OF THE COUNTY'S TOTAL SEWER ALLOCATION, AND IT WAS GENERALLY FELT THAT AT THE LAST MEETING THE BOARD HAD INTENDED TO HOLD OUT ABOUT 200,000 GPD AS A RESERVE. ATTORNEY COLLINS STATED THAT HE DID NOT BELIEVE THE BOARD HAS TO FORMALLY ALLOCATE TO 6TH AVENUE, BUT CAN TENTATIVELY SET ASIDE AN AMOUNT THEY FEEL IS REASONABLE WITHOUT BEING BOUND TO A SET FIGURE. ENGINEER BEINDORF POINTED OUT THAT THIS DOES NOT BECOME A PROBLEM UNTIL YOU REACH THE END OF THE ALLOCATION ANYWAY, AND COMMISSIONER LYONS AGREED, NOTING THAT POSSIBLY IN SIX..MONTHS WE COULD DECIDE WE ARE NOT GOING TO GIVE ANY MORE. THE ATTORNEY CONCURRED. COMMISSIONER LOY DISCUSSED SETTING A TIME LIMIT FOR THE EXISTING ESTABLISHMENTS. SHE NOTED THEY HAVE BEEN GIVEN THE OPPORTUNITY AND FELT THEY SHOULD MAKE UP THEIR MINDS BEFORE A CERTAIN CUT-OFF DATE. ATTORNEY COLLINS AGREED, NOTING THAT THE AREA IS DEFINED AND EXISTING STRUCTURES HAVE BEEN GIVEN DIRECT INDIVIDUAL NOTICE. HE FELT THE BOARD COULD ESTABLISH A POLICY OF ALLOWING THEM PREFERENCE FOR THE NEXT 60 DAYS. AFTER THE 60 DAYS ARE UP, THEIR UNUSED ALLOCATIONS WOULD FALL BACK INTO THE POOL TO COME TO THE UNIMPROVED PROPERTIES. COMMISSIONER SIEBERT ASKED IF 60 DAYS IS ENOUGH TO DETERMINE COSTS, AND PAIR. BEINDORF FELT THAT IT IS. ATTORNEY COLLINS CONTINUED THAT CONCURRENTLY, BECAUSE'THERE IS SUFFICIENT ALLOCATION NOW, HE FELT THE BOARD COULD BEGIN TO ACCEPT , APPLICATIONS FOR UNIMPROVED PROPERTIES. PRIOR TO ALLOCATIONS BEING MADE, HE SUGGESTED A RESOLUTION BE ADOPTED SETTING OUT THE FOLLOWING REQUIRE- MENTS: 1) SITE PLAN APPROVAL 2) FULLY APPROVED CONSTRUCTION DRAWINGS 3) NECESSARY GOVERNMENTAL APPROVALS, AND 4) SHOWING OF A WATER SOURCE. UPON THOSE FOUR THINGS BEING SUPPLIED, THE ADMINISTRATOR SHOULD BE AUTHORIZED TO ISSUE AN ALLOCATION SUITABLE TO THE NEEDS OF THE PROJECT ON A FIRST COME, FIRST SERVED BASIS, TO REMAIN OPEN FOR WHATEVER PERIOD OF TIME IS DECIDED UPON FOR UTILIZATION, POSSIBLY A YEAR. 70 MAY 91979 800K 40 PACT "%5 L__ 1 DISCUSSION FOLLOWED ON ALLOWING A YEAR AND A POSSIBLE EXTENSION OF SIX MONTHS. COMMISSIONER LOY ASKED ABOUT THE EVENTUALITY OF A PROJECT CHANGING HANDS, AND AFTER SOME DISCUSSION, IT WAS FELT THAT IT DID NOT MATTER WHO BUILT IT SO LONG AS THE SITE PLAN WAS NOT CHANGED, ATTORNEY COLLINS STATED THAT THE CONCEPT IS THAT YOU WANT THE ALLOCATION TO BE MADE TO A PROJECT THAT WILL USE THE ALLOCATION QUICKLY, HE STATED THAT IF THE BOARD DESIRED, HE WOULD PUT IN THE RESOLUTION THAT . THE ALLOCATION IS NOT ASSIGNABLE, AND A NEW PURCHASER WILL HAVE TO GET APPROVAL OF THE COUNTY COMMISSION, COMMISSIONER LYONS FELT IF THE SITE PLAN DID NOT HAVE TO BE CHANGED, THIS WOULD BE AN ADDED STEP THAT ISN IT REALLY NECESSARY, ATTORNEY COLLINS STATED THAT HE WILL TIE THIS INTO WHATEVER IS REQUIRED ON THE SITE PLAN, AND THE GENERAL CONSENSUS WAS THAT IT SHOULD ALL HINGE ON THE SITE PLAN STAYING THE SAME, IT WAS AGREED THAT ATTORNEY COLLINS WILL PREPARE A RESOLUTION ALONG THE LINES JUST DISCUSSED TO BE CONSIDERED AT THE NEXT MEETING, FRANK LORC ASKED IN AN INSTANCE WHERE SOMEONE HAS A FIVE ACRE TRACT OF LAND DIRECTLY ON THE SEWER AND WANTS TO GO AHEAD ON CONSTRUCTION BUT CAN T AFFORD TO HIRE AN ENGINEER AND PROCEED, WHAT ASSURANCE DO THEY HAVE THAT THEY WILL STILL BE ABLE TO TIE IN WHEN THIS IS PREDICATED ON A FIRST COME, FIRST SERVED BASIS, HE NOTED THERE IS THE POSSIBILITY, IF IT WERE NEAR THE END OF THE ALLOCATIONS, THAT THEY COULD MAKE THEIR * PLANS AND THEN BE BEAT OUT BY SOMEONE, HE STATED THAT HE WOULD LIKE TO KNOW WHEN HE GOES INTO DRAWING PLANS THAT HE IS GOING TO BE ABLE TO USE THE SEWER AND FELT THEY SHOULD HAVE A REASONABLE TIME TO GET PLANS DRAWN. CHAIRMAN WODTKE DID NOT KNOW HOW YOU COULD DEFINE A REASONABLE TIME, AND STATED THAT THE BOARD IS NOT GOING TO MAKE AN ALLOCATION UNTIL THEY ARE SURE IT IS GOING TO BE USED, ED SCHMUCKER, ENGINEER, ASKED IF IT IS THE BOARD'S INTENT TO GIVE THE EXISTING DEVELOPMENTS 60 DAYS TO DETERMINE WHETHER THEY WANT TO HOOK ON AND THEN OTHER UNDEVELOPED AREAS MEETING THE SPECIFIED REQUIRE- MENTS WILL BE ALLOWED TO TIE ON, AND CHAIRMAN WODTKE STATED THAT WE ARE SETTING A 60 DAY RESTRICTION ON THOSE WHO HAVE INDICATED IN OUR SURVEY THAT THEY WANT TO TIE ON, 71 1q. MAY 91979 TOOK Q PAGE 2"7u I ATTORNEY COLLINS NOTED THAT ANY EXISTING STRUCTURE CAN HOOK ON AT ANY TIME BECAUSE THEY ARE READY TO GO AT A MOMENT S NOTICE. ENGINEER SCHMUCKER ASKED IF THOSE WHO PREVIOUSLY APPLIED TO THE ADMINISTRATOR AND WERE INCLUDED IN HIS LIST GET ANY'PRIORITY OR JUST MUST CONFORM TO THE CRITERIA ESTABLISHED. ATTORNEY COLLINS STATED THAT THEY WILL HAVE TO MEET THE FOUR CRITERIA. FRANK ZORC NOTED THAT IT COULD HAPPEN THAT SOMEONE WHO HAS NEVER MADE A REQUEST COULD COME IN, GET HIS NECESSARY APPROVALS FOR 100 ACRES AND USE UP THE ENTIRE ALLOCATION, WHICH HE FELT IS UNFAIR. IT WAS AGREED THAT THIS WAS WITHIN THE REALM OF POSSIBILITY, BUT VERY UNLIKELY SINCE A DEVELOPMENT OF THIS SIZE WOULD HAVE TO BE DONE IN PHASES. IT WAS ALSO POINTED OUT THAT THERE IS NO EASY SOLUTION, AND THERE WILL UNDOUBTEDLY BE SOME UNKNOWNS AND SOME INEQUITIES NO MATTER WHAT IS PROPOSED. COMMISSIONER LYONS REPORTED THAT HE AND ATTORNEY COLLINS, AS PREVIOUSLY INSTRUCTED BY THE BOARD, HAVE MET WITH CITY OF VERO BEACH REPRESENTATIVES RELATIVE TO THE ItSQUARING-OFF" AGREEMENT, HE STATED THAT THEY ASKED ENGINEER BEINDORF TO LOOK AT THE TERRITORY INVOLVED IN THE AGREEMENT AND SEE IF WE HAD ANY HIDDEN LIABILITIES. ENGINEER BEINDORF INFORMED THE BOARD THAT HE HAS CHECKED THE MAPS AND, AS FAR AS HE CAN SEE, THERE WOULD BE NOTHING WRONG WITH THE AREAS THE CITY HAS INDICATED. THERE IS APPARENTLY A POSSIBILITY OF HAVING TO REVAMP WITH LIFT STATIONS IF WE TOOK OVER WITH SEWAGE IN A CERTAIN AREA, BUT THIS WOULD NOT BE ANYTHING WE HAD NOT CONTEMPLATED PREVIOUSLY. IN SOME AREAS THERE WOULD HAVE TO BE SOME DEAD END LINES CONNECTED AND THIS WOULD HAVE TO BE NEGOTIATED. HE FELT THERE WERE NO MAJOR PROBLEMS AND THAT IT WENT ALONG WITH WHAT HAS BEEN DISCUSSED BEFORE. ATTORNEY COLLINS STATED THAT HIS PROBLEM IS NOT WITH THE AGREEMENT, WHICH HE FEELS SOLVES A NUMBER. OF PROBLEMS, BUT WITH THE BUY-BACK FORMULA WHICH WAS AGREED TO IN THE ORIGINAL ANNEX 1 WHERE LINES THAT WERE DONATED TO THE CITY WERE PUT ON THE BOOKS AT MARKET COST, AND IF WE HAD TO BUY THEM BACK, WE WOULD HAVE TO PAY THE CITY FOR SOMETHING 72 MAY 91979 soox ® PACE 277 THEY EFFECTIVELY GOT FREE. HE FELT, HOWEVER, THAT THESE ARE NOT CRITICAL AREAS, AND THE COUNTY PROBABLY WILL NEVER BUY THEM BACK. THE OVERALL AGREEMENT DOES A LOT OF GOOD FOR THE PEOPLE IN THESE AREAS WHO NEED SERVICE AND PRESENTLY CAN'T GET IT, AND HE, THEREFORE, RECOMMENDS'APPROVAL OF THE SQUARING -OFF AGREEMENT. COMMISSIONER LYONS FELT THE BUY-BACK FORMULA IS PROBABLY NEGO- TIABLE, BUT THAT THE PLACE TO CHANGE IT IS IN THE TOTAL AGREEMENT AND HE WOULD NOT WANT TO HOLD UP THIS PRESENT AGREEMENT. HE FELT THE ODDS ARE VERY SLIGHT THAT WE WOULD INCORPORATE INTO THESE AREAS. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, TO AUTHORIZE THE CHAIRMAN TO SIGN ANNEX 3 TO THE TRIPARTITE AGREEMENT, COMMISSIONER SIEBERT ASKED IF THE ORIGINAL AGREEMENT WERE CHANGED, WHETHER ANNEX 3 WOULD BE IN CONFLICT WITH IT, AND ATTORNEY COLLINS STATED THAT IF WE EVER CHANGED THE ORIGINAL WE WOULD CHANGE IT AND THE ANNEXES. CHAIRMAN WODTKE DISCUSSED AREAS WE MIGHT BE REQUIRED TO SERVICE WITH SEWER UNDER THE 201 FACILITIES FLAN. HE -NOTED THAT UNDER THE TRIPARTITE FLAN, IF WE TAKE OVER AREAS THE CITY IS PRESENTLY SERVICING WITH SEWER, WE ALSO HAVE TO SERVICE THEM WITH WATER, I.E., IF WE HAVE TO TAKE OVER THE HOSPITAL, WE WOULD ALSO HAVE TO SERVICE THEM WITH WATER PURCHASED FROM THE CITY AND PAY THE REPLACEMENT COST OF THE WATER LINES THAT THE HOSPITAL HAS PAID FOR TO THE CITY BASED ON THE BUY-BACK FORMULA. ATTORNEY COLLINS AGREED THAT.IS SO, IF WE CANNOT RENEGOTIATE, HE NOTED THAT WE ALREADY HAVE THE RESPONSIBILITY THE CHAIRMAN IS DIS- CUSSING, AND ALL ANNEX 3 DOES IS CLARIFY THE WATER RESPONSIBILITY FOR THE CITY OF VERO BEACH AND ALLOW THE CITY TO PROVIDE SERVICE TO ADJACENT NEIGHBORS. THE CHAIRMAN EXPRESSED CONCERN ABOUT ANNEX 3 AFFECTING OUR 1.39 MILLION SEWER ALLOCATION IPJ ANY WAY, AND ATTORNEY COLLINS NOTED THAT IT STATES "THERE IS NO SEWER ALLOCATION ALLOCATED TO ANY OF SAID LOCATIONS." 73 MAY 91979 BOOK A® PAGE278 DISCUSSION FOLLOWED, AND IT WAS FELT THIS COULD BE MISINTER- PRETED. ATTORNEY COLLINS STATED THAT HE WILL CLARIFY IT TO SPECIFY THAT NONE OF THE COUNTY SEWER ALLOCATION WILL BE APPLIED. COMMISSIONER LYONS STATED THAT HE BELIEVED THAT WAS THE UNDER- STANDING. HE WITHDREW HIS MOTION FOR THE PURPOSE OF REWORDING,, AND COMMISSIONER SIEBERT WITHDREW HIS SECOND. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN, ANNEX 3 TO THE TRIPARTITE AGREEMENT, SUBJECT TO THE STATEMENT BEING INCLUDED THAT NONE OF THE COUNTY SEWER ALLOCATION WILL BE APPLIED TO ANY OF THE LOCATIONS SET OUT IN THE SQUARING -OFF AGREEMENT. NATHAN TANEN CAME BEFORE THE BOARD TO REQUEST FURTHER INFORMA- TION ON THE 6TH AVENUE SEWER ALLOCATION POLICY DISCUSSED EARLIER AND TO REVIEW THE PROPOSED CRITERIA. MR. TANEN STATED THAT HE HAS 65 ACRES, 20 ACRES BEING ZONED FOR MULTIPLE FAMILY, AND THE BALANCE ZONED AGRICUL- TURAL. HE ASKED IF HE GOT A SITE PLAN FOR THE 20 ACRES FOR ZOO UNITS AND DID ALL THE ENGINEERING, WHETHER HE WOULD BE LIMITED AS TO THE NUMBER OF TIE-INS HE WILL HAVE ON THAT PARTICULAR PLAN BY A TIME LIMIT? ATTORNEY COLLINS STATED THAT IF HE COMES IN WITH AN APPROVED SITE PLAN AND HAS EVERYTHING READY TO GO AND A BUILDING PERMIT FOR THE ENTIRE 20 ACRES, THEN HE WOULD BE ENTITLED TO AN ALLOCATION FOR THAT 20 ACRES. MR. TANEN COMMENTED THAT YOU DON'T BUILD 200 UNITS AT ONE CRACK AND POINTED OUT YOU COULD GO THROUGH ALL THIS AND STILL NOT BE ASSURED OF GETTING AN ALLOCATION. CHAIRMAN WODTKE FELT THE ONLY ALTERNATIVE IS TO WAIT UNTIL THE 201 FACILITIES PLAN IS APPROVED, HE NOTED THIS BOARD HAS BEEN UNDER CONTINUAL PRESSURE AND SOME HARASSMENT TO USE THIS LINE. WE NOW HAVE DECIDED TO UTILIZE THE LINE AND ARE RUNNING INTO THE PROBLEM OF WHO WANTS TO HAVE FIRST PRIORITY, THE BOARD IS TELLING THE PEOPLE WE ONLY HAVE SO MUCH ALLOCATION AVAILABLE AND WILL UTILIZE IT AS SOON AS WE CAN. HE DID NOT KNOW WHAT ELSE THE BOARD CAN DO, MR. TAKEN STATED THAT HE IS NOT HERE TO HARASS THE BOARD, BUT HE IS TRYING TO GET SOME SORT OF ASSURANCE BECAUSE HE DOESN'T LIKE TO 74 MAY 91979 BOOK 10 PAGF. 2 709 • TRY TO PLAN A PROJECT UNLESS HE KNOWS WHERE HE IS GOING. HE CONTINUED THAT BASICALLY THE BOARD IS SAYING IF HE DID COME IN WITH A SITE PLAN FOR THE 20 ACRES WHICH ENCOMPASSES THE 200 UNITS AND PULLED BUILDING PERMITS, HE WILL GET THE ALLOCATION IF IT IS AVAILABLE; ATTORNEY COLLINS STATED THAT IS -CORRECT. HE NOTED, HOWEVER, THAT WATER IS A LIMITING FACTOR, AND THERE IS NO WATER AVAILABLE UNLESS MR. TANEN IS GOING TO PUT IN HIS OWN PLANT. ADMINISTRATOR JENNINGS DISCUSSED A LETTER RECEIVED FROM MRS, MARGARET BENEDETTO REQUESTING THE COUNTY TO OPEN 4TH AVENUE OF VANBERGEN AND HENDRY'S ADDITION TO ROSELAND. HE STATED THAT THIS SUB- DIVISION WAS PUT ON RECORD MANY YEARS AGO AND AT THAT TIME THE DEVELOPER OPENED UP AVENUE 2 AND AVENUE 3, BUT AVENUES 4 AND 5 WERE NEVER OPENED, MRS. BENEDETTO HAS A SALE FOR SOME LOTS AND SOMEONE WANTS TO BUILD. HE STATED THAT HE'INFORMED HER THAT HE DID NOT BELIEVE THE BOARD WOULD PAVE THE STREET FOR HER. SHE ASKED IF THE BOARD WOULD ACCEPT THE MARLING AND GRADING LIKE OTHERS WERE DONE AT THE TIME THIS WAS PUT ON RECORD. THE ADMINISTRATOR CONTINUED THAT COUNTY POLICY HAS BEEN THAT THE DEVELOPER OPENED THE ROADS AND GRADED THEM OUT TO THE SPECIFICATIONS THE COUNTY REQUIRES AND THEN AFTER THE DEVELOPER MAINTAINS THEM FOR A YEAR, THE COUNTY WILL ACCEPT THEM FOR MAINTENANCE. HE FELT MRS, BENEDETTO WOULD OPEN THIS ROAD UP, GRADE IT AND MAINTAIN IT FOR A YEAR, IF THE COUNTY WILL ACCEPT IT. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LYONS, THE BOARD AGREED THEY WOULD FOLLOW THE ESTABLISHED POLICY AS DESCRIBED BY THE ADMINISTRATOR AND INSTRUCTED THE ADMINISTRATOR TO SO NOTIFY MRS. BENEDETTO. ADMINISTRATOR KENNINGS THEN DISCUSSED A REQUEST FROM J. LEWIS GREEN, DIRECTOR OF PUBLIC WORKS FOR THE CITY OF VERO BEACH, FOR THE COUNTY TO FURNISH AND HAUL 900-1200 CUBIC YARDS OF MARL TO THE CIVIC ARTS CENTER. HE NOTED THAT THIS AMOUNTS TO ONE HUNDRED 12 YARD TRUCK- LOADS, CHAIRMAN WODTKE STATED THAT HE DOES NOT FEEL THE COUNTY IS IN ANY POSITION TO COMPLY WITH THE REQUEST, MAY 9197'9 75 $00K 40 PAGE 280 ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY DENIED THE REQUEST OF THE CITY OF VERO BEACH FOR MARL AS ABOVE WITH REGRET THAT WE ARE NOT ABLE TO HANDLE SUCH A .REQUEST. ADMINISTRATOR .JENNINGS REQUESTED THAT THREE EMERGENCY ITEMS BE ADDED TO THE AGENDA. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADDED THE EMERGENCY ITEMS AS REQUESTED BY THE ADMINISTRATOR TO TODAY'S AGENDA. THE FIRST ITEM HAD TO DO WITH IMPLEMENTATION OF THE CODY PLAN AS PER MEMO OF PERSONNEL DIRECTOR DONLON: May 8, 1979 TO: Jack G. Jennings, County Administrator FROM: Bob Donlon, Personnel Manager SUBJECT: Cody & Associates.Study It is recommended that the Board of County Commissioners implement the proposed plan as presented with the payroll of June 7, 1979. Funds are available either through the budgeted salaries for the various departments or the contingency fund. As proposed, the amount needed for the balance of the budget year is approximately $14,000.00. ) K -e R. D. COMMISSIONER LYONS NOTED THAT IMPLEMENTATION OF THIS PLAN PUTS COUNTY PERSONNEL IN THEIR PROPER POSITIONS IN THE PROPOSED SALARY SCALE. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, TO IMPLEMENT CODY & ASSOCIATES PROPOSED PERSONNEL PLAN AS OF THE PAYROLL OF .JUNE 7; 1979, 76 MAY 91979 BOOK - 40 PAGE i I CHAIRMAN WODTKE AGREED WE HAVE TO IMPLEMENT THE PLAN, BUT FELT A BETTER TIME WOULD BE AT THE BEGINNING OF THE FISCAL YEAR, ESPECIALLY SINCE WE ARE NOW GOING INTO BUDGET TIME, COMMISSIONER SIEBERT EXPRESSED THE SAME CONCERN AND FELT IF WE IMPLEMENT THIS PLAN NOW, ANY INCREASE IN OCTOBER WOULD BE A VERY MINIMAL INCREASE ACROSS THE BOARD AND THERE SHOULD BE NO MERIT INCREASES AT ALL UNTIL A YEAR FROM OCTOBER BECAUSE THERE IS NO TIME BETWEEN NOW AND OCTOBER TO DO AN EVALUATION ON EVERY EMPLOYEE, PERSONNEL DIRECTOR DONLON AGREED THAT THERE IS NOT ENOUGH TIME TO REEVALUATE EVERYONE BY OCTOBER, BUT FELT THESE ADJUSTMENTS NEED TO BE MADE RIGHT NOW SINCE EMPLOYEES ARE COMING TO HIM AT LEAST ONCE A WEEK TO SEE IF THERE IS ANY WAY TO GET A RAISE. HE STATED THAT HE WOULD HATE TO LOSE GOOD PEOPLE BECAUSE WE DO NOT RECLASSIFY THEM AND FELT IF WE HOLD OFF ALMOST SIX MONTHS, WE WOULD CERTAINLY LOSE THEM. COMMISSIONER LYONS STATED THAT THE REASON HE MADE THE MOTION WAS PRIMARILY FOR THE PURPOSE OF RETAINING THE PEOPLE WHO ARE BEING UNDER- PAID, DISCUSSION AROSE IN REGARD TO COORDINATING THIS WITH THE CLERK'S OFFICE, THE SHERIFFS DEPARTMENT, ETC., AND WHAT ASSURANCE WE HAVE THEY ARE GOING TO ADDRESS THIS NOW, IT WAS FINALLY AGREED THAT WHETHER THE OTHER OFFICIALS ACCEPT THEIR REPORTS OR NOT, IT SHOULD NOT AFFECT THE BOARDS DECISION, COMMISSIONER LOY NOTED THAT SOON ELECTED OFFICIALS WILL BE ASKING THE BOARD FOR THEIR SUGGESTIONS AS TO WHAT WE WILL BE RECOMMENDING FOR BUDGETS IN REGARD TO SALARIES, CONSIDERABLE DISCUSSION ENSUED ABOUT WHAT SHOULD BE RECOMMENDED, VARIOUS PERCENTAGES WERE CONSIDERED FOR ItCOST-OF-LIVING" OR 'GENERAL INCREASE, it AND QUESTIONS WERE RAISED AS TO HOW THIS WOULD APPLY WITHIN THE SALARY RANGES. IT WAS NOTED THAT RANGES WILL HAVE TO BE ADJUSTED AFTER A CERTAIN PERIOD OF TIME. CHAIRMAN WODTKE NOTED THAT WHEN AN ADJUSTMENT IS MADE IN THE RANGE, WE BASICALLY ARE NOT GIVING ANY SALARY INCREASES, BUT JUST CHANGING THE MINIMUMS AND MAXIMUMS, MAY . 91979 77 BOOKAn PAGE O� COMMISSIONER SIEBERT COMMENTED THAT WE COULD SAY, FOR INSTANCE, THIS COUNTY CAN AFFORD 5% AND WHO GETS THE 5% INCREASE DEPENDS ON THEIR EVALUATIONS. SOME MAY GET MORE OR LESS DEPENDING ON THEIR RANGE. COMMISSIONER LYONS STATED THAT THE CITY HAS DONE THAT. SOME GRADES ARE REDLINED, AND UNTIL THE RANGE MOVES, THE PEOPLE DON'T MOVE. COMMISSIONER SIEBERT ASKED IF THE RANGES WILL HOLD THROUGH THE NEXT FISCAL YEAR, PERSONNEL DIRECTOR DONLON NOTED THAT THIS SURVEY WAS DONE FOR RIGHT NOW, NOT FOR THE COMING OCTOBER, AND IF THE PLAN IS NOT IMPLEMENTED UNTIL OCTOBER, IT MIGHT HAVE TO BE CHANGED. HE SUGGESTED THAT THE PLAN BE IMPLEMENTED NOW AND A GENERAL INCREASE GIVEN IN OCTOBER OF WHATEVER THE BOARD APPROVES FOR THIS YEAR ONLY, ONCE THE PROPER MINIMUMS ARE ESTABLISHED IN EACH SALARY CLASSIFICATION, THEN INCREASES CAN BE HANDLED INDEPENDENTLY. COMMISSIONER LYONS FELT OUR FIRST PROBLEM IS THAT PEOPLE ARE NOT AT THE PAY LEVELS THEY ARE SUPPOSED TO BE IN ACCORDANCE WITH THE PLAN,AND HE FELT WE HAVE TO CONSIDER THINGS ONE AT A TIME. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY, ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE NOW HAS GOTTEN CLEARANCE ON THE LOCATION'TO BUILD THE NEW GIFFORD COLLECTOR STATION, WHICH HE ESTIMATES AT A COST OF $30,000. INTERGOVERNMENTAL COORDINATOR THOMAS STATED THAT IT IS RECOM- MENDED THESE MONIES BE TAKEN FROM FEDERAL REVENUE SHARING. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED TAKING $30,000 FROM FEDERAL REVENUE SHARING TO PAY FOR BUILDING THE GIFFORD COLLECTOR STATION AND ADOPTED THE FOLLOWING BUDGET AMENDMENT; ACCOUNT TITLE ACCOUNT No. INCREASE DECREASE BLDG, & STRUCTURE 62-4210-401,00 $30,000.00 RESERVE FOR CONTINGENCIES 62-9990-701,00 $30,000.00 MAY 91979 BOOK 40 PACE 283 77 ADMINISTRATOR .JENNINGS REPORTED THAT THE COUNTY HAS TO HAVE ENGINEERING EVALUATIONS OF ALL OF THE BRIDGES INTO THE DOT IN ORDER TO BE ABLE TO PARTICIPATE IN CERTAIN FUNDING, HE STATED THAT HE HAS ADVERTISED AND RECEIVED 17 RESUMES FROM ENGINEERING FIRMS TO PERFORM THE BRIDGE INSPECTION AND WOULD RECOMMEND THE BOARD INTERVIEW THE FOLLOWING FIVE: LLOYD & ASSOCIATES BEINDORF & ASSOCIATES MID SOUTH ENGINEERING HOWARD, NEEDLES, TAMMEN & BERGENDORFF DLOUHY & ASSOCIATES HE FELT EACH FIRM SHOULD BE ALLOTTED A MINIMUM OF 30 MINUTES, ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO SCHEDULE INTERVIEWS WITH THE FIVE FIRMS AND*RECOMMENDED STARTING AT 1:00 P.M. THURSDAY, MAY 24, 1979. ADMINISTRATOR JENNINGS REPORTED THAT HE HAS BEEN IN CONTACT WITH OSCEOLA COUNTY IN REGARD TO MAINTENANCE OF THE KENANSVILLE GRADE, BUT HE -HAS BEEN UNABLE TO CONTACT THE OWNER OF SOME OF THE RIGHT-OF-WAY AND WILL HAVE TO DEFER THIS MATTER TO ANOTHER MEETING. ATTORNEY COLLINS I.NFORMED THE BOARD THAT NOTICES OF ZONING VIOLATIONS HAVE BEEN SENT OUT TO MRS. HELEN CIMERN, WHO IS KEEPING PIGS ON HER PROPERTY AND MRS, FLORENCE SUDBROCK, WHO IS KEEPING ' GARBAGE, TRASH AND OTHER UNSIGHTLY ITEMS ON HER PROPERTY. HE STATED THAT SUFFICIENT NOTICES HAVE BEEN SENT; WE HAVE HAD NO RESPONSE; AND HE FELT WE SHOULD PROSECUTE. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO PROCEED WITH LITIGATION OF THE ZONING VIOLATIONS DESCRIBED ABOVE, THE MATTER OF ALLOWING WGYL TO PLACE A RADIO TOWER ON COUNTY PROPERTY WAS BRIEFLY DISCUSSED; CONCERN WAS EXPRESSED ABOUT TYING UP PROPERTY.THAT MIGHT BECOME VALUABLE; POSSIBLY REQUIRING ESCALATION CLAUSES OR RESERVING SPACE ON THE TOWER FOR GOVERNMENTAL BODIES; AND ATTORNEY COLLINS STATED THAT HE WOULD PLACE THIS MATTER ON THE AGENDA OF THE NEXT MEETING FOR FURTHER CONSIDERATION. 79 MAY, 91979 BOOK 40 PAGE 284 I ATTORNEY COLLINS REPORTED TO THE BOARD ON A SUPREME COURT CASE - COMMERCIAL CARRIER CORPORATION ET AL VS. INDIAN RIVER COUNTY. THIS INVOLVES AN ACCIDENT WHICH TOOK PLACE SEVERAL YEARS AGO AT AN INTERSECTION WHERE THE STOP SIGN HAD BEEN STOLEN AND THE LINE DRAWN ON THE ROAD WAS WORN AND FADED OUT SO THAT NEITHER CAR HAD A GREAT DEAL OF NOTICE THAT THEY SHOULD STOP. IT WAS A DEATH CASE, AND IT BEGAN BY THE PARTIES SUING EACH OTHER. THE PARTY BEING SUED FILED AGAINST THE COUNTY FOR INDEMNITY OF ANYTHING HE MIGHT HAVE TO PAY THE PLAINTIFF. THE COURT DISMISSED THE COMPLAINT AGAINST THE COUNTY SAYING THE COUNTY WAS IMMUNE FROM THAT TYPE OF ACTIVITY; IT WAS NOT A PROPRIETARY FUNCTION; AND THE COUNTY HAD NO LIABILITY. THE SUPREME COURT OVERRULED THE DISTRICT COURT AND CITED IN THEIR OPINION THAT THE MAINTENANCE OF A TRAFFIC SIGN AT THE INTERSECTION AND THE TRAFFIC LINE CONSTITUTED "OPERATIONAL LEVEL ACTIVITY" AND NOT "BROAD POLICY" AND RULED THAT THE COUNTY DOES HAVE LIABILITY FOR MAINTENANCE OF STOP SIGNS, PAINTED SIGNS, ETC. ATTORNEY COLLINS CONTINUED THAT THE COUNTY HAS LIABILITY UP TO $50,000, AND ANYTHING OVER THAT, THE LEGISLATURE HAS TO AGREE TO PAY IT. IN SOME CASES THE LEGISLATURE HAS DIRECTED THE COUNTY TO PAY THE ADDI- TIONAL. HE NOTED THAT MAKING THE COUNTY RESPONSIBLE FOR THEIR MAINTENANCE AND OPERATIONAL ACTIVITIES PUTS A COMPLETELY DIFFERENT BURDEN ON THE COUNTY, AND MAKES THE COUNTY'S LIABILITY'EXPOSURE ASTRONOMICALLY HIGHER. HE FELT THAT COUNTY EMPLOYEES NEED TO KNOW ABOUT THIS NEW STANDARD AND THAT THE SHERIFF'S OFFICE SHOULD BE ADVISED TO REPORT ANY SIGNS THAT ARE STOLEN, PAINTING THAT IS WORN, OR ANYTHING THAT LOOKS IN DISREPAIR. HE ALSO FELT THAT THE COUNTY WILL HAVE TO BUDGET A GREAT DEAL MORE TO HAVE CREWS THAT ARE DOING NOTHING BUT MAINTENANCE AND ALSO WILL UNDOUBTEDLY GET A BIG BOOST IN INSURANCE COSTS. ADMINISTRATOR .JENNINGS INFORMED THE BOARD THAT THE.SHERIFF'S DEPARTMENT DOES CALL IN AND THE COUNTY CREWS ARE ALSO TOLD TO CALL IN WHEREVER THEY SEE A SIGN DOWN OR MISSING. HE FELT THAT WE HAVE COME TO THE POINT WHERE IT IS GOING TO BE NECESSARY TO ESTABLISH A COUNTY SIGN DEPARTMENT. HE NOTED THAT THE CITY OF VERO BEACH MANUFACTURES THEIR No MAY 91979 p 40 PAGE 285 � r � OWN SIGNS AND ALSO HAS THEIR OWN PEOPLE WHO CAN PAINT ON THE ROADS. WE HAVE NO STRIPING EQUIPMENT, AND HE FELT IT WILL BE NECESSARY TO CONSIDER THESE MATTERS IN THE NEXT BUDGET. COMMISSIONER SOY BROUGHT UP THE MATTER OF PEDDLERS FREQUENTING THE COURTHOUSE. ON MOTION BY COMMISSIONER SOY, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY INSTRUCTED THAT SOLICITORS AND PEDDLERS BE PRO- HIBITED FROM CONDUCTING BUSINESS IN THE COURTHOUSE AND COURTHOUSE ANNEX AND THAT SIGNS BE POSTED TO THAT EFFECT, THE QUESTION OF PUTTING "NO TRESPASSING" SIGNS ON A PUBLIC RIGHT-OF-WAY AROSE, THE ADMINISTRATOR STATED THAT HE NEEDED SOME LEGAL COUNSEL ON THIS ITEM, AND HE WILL REVIEW IT WITH ATTORNEY COLLINS AND PUT IT BACK ON THE AGENDA FOR THE NEXT MEETING. CHAIRMAN WODTKE NOTED HE HAD RECEIVED A LETTER FROM THE GARDEN CLUB EXPRESSING APPRECIATION FOR THE HELP OF THE COUNTY ADMINISTRATOR AND HIS PERSONNEL IN COMPLETING THEIR PROJECT AT THE COURTHOUSE. IT WAS AGREED THAT THE GARDEN CLUB DESERVES THE COUNTY'S THANKS FOR UNDER- TAKING THIS PROJECT. ON -MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 79-45 HONORING THE GARDEN CLUB FOR THEIR CIVIC PROJECT IN LANDSCAPING THE AREAS AROUND THE COURTHOUSE. RESOLUTION 79-45 WILL BE MADE A PART OF THE MINUTES WHEN RECEIVED. CHAIRMAN WODTKE BROUGHT UP THE FIRE STUDY CONDUCTED BY SOUTHERN • KELTON & ASSOCIATES. HE NOTED THAT WE NEED TO FIND SOME STARTING GROUND FOR THE FORMATION OF A SOUTH COUNTY FIRE DISTRICT SO THAT WE WILL HAVE A WAY TO APPROACH OUR BUDGET FOR NEXT YEAR, AND HE WOULD LIKE TO WRITE THE CITY OF VERO BEACH AND THE TOWN OF INDIAN RIVER SHORES PRIOR TO SETTING UP ANOTHER FIRE STUDY MEETING, ASKING THAT THEY ADVISE US WHEN THEY WILL BE READY TO COME BACK WITH AN'OFFICIAL POSITION OF THEIR GOVERNMENTAL BODIES IN THIS REGARD. COMMISSIONER SIEBERT STATED THAT HE WOULD LIKE TO KNOW WHAT IS HAPPENING IN.THE NORTH COUNTY. HE BELIEVED THAT THE ATTORNEY WAS GOING TO.DRAW UP AN ORDINANCE FOR THEM SO THEY COULD HAVE THEIR OWN DISTRICT NEXT YEAR. :1 MAY 91979 BOOK 40 PAGE 286 4 ATTORNEY COLLINS STATED THAT HE DOES NOT KNOW WHETHER THERE IS SUFFICIENT TIME TO HOLD A REFERENDUM AND GET BUDGETS APPROVED IN ORDER TO IMPLEMENT A NORTH COUNTY FIRE DISTRICT FOR THE NEXT YEAR, BUT WE CAN TRY. COMMISSIONER SIEBERT STATED THAT THE NORTH COUNTY IS READY TO GO AND WANTS IT NEXT YEAR. COMMISSIONER LYONS ASKED WHAT INTERACTION WE HAVE BETWEEN THE NORTH COUNTY AND SOUTH COUNTY BECAUSE OF THE -BUDGET SITUATION. COMMISSIONER SIEBERT NOTED THAT ONE OF THE BIGGEST SELLING POINTS FOR THE NORTH COUNTY FIRE DISTRICT WAS THAT THEY HAVE BEEN PAYING FOR FIRE PROTECTION IN THE SOUTH COUNTY WHICH DOESN'T BENEFIT THEM. DISCUSSION FOLLOWED ABOUT THE AREA CONTAINED IN THE NORTH COUNTY DISTRICT AND THE.POSSIBILITY OF FORMING A NEW MUNICIPAL SERVICE FIRE DISTRICT IF WE CANT GET A DISTRICT SET UP IN THE SOUTH COUNTY. CHAIRMAN WODTKE WILL WRITE THE CITY OF VERO BEACH AND THE TOWN OF INDIAN RIVER SHORES .AND TRY TO SET UP A MEETING AS DISCUSSED. COMMISSIONER LYONS INFORMED THE BOARD THAT HE WOULD LIKE TO FORM AN AD HOC COMMITTEE TO GIVE US WITHIN 120 DAYS RATIONALE AND SUGGESTIONS FOR AMENDING THE MINING ORDINANCE. HE FELT THAT WE SHOULD TAKE A GOOD LOOK AT THIS ORDINANCE TO SEE THAT WE ARE SUFFICIENTLY PROTECTED, HE STATED THAT HE HAS -PEOPLE WHO WOULD LIKE TO SERVE, TWO OF THEM BEING MAGGIE BOWMAN AND DR. HERBERT KALE. COMMISSIONER SIEBERT STATED THAT HE IS NOT HAPPY WITH THE MINING ORDINANCE EITHER BUT WAS NOT SURE ABOUT THE SUGGESTED COMMITTEE. COMMISSIONER LOY NOTED THAT SHE IS NOT ANXIOUS TO HAVE A GROUP OF PEOPLE WHO DON T HAVE A LOT OF EXPERTISE TRY TO COME UP WITH SOME OVERALL SUGGESTIONS FOR REVAMPING THIS ORDINANCE AND FELT THERE SHOULD BE SOMEONE ON SUCH A COMMITTEE WHO IS VERY KNOWLEDGEABLE OF MINING OPERATIONS. COMMISSIONER LYONS COMMENTED THAT HE DOES NOT LIKE TO HAVE THE FOX GUARDING THE HEN HOUSE, It AND STATED THAT HE WILL DROP THE MATTER AND JUST -PUT A COMMITTEE TOGETHER TO MAKE RECOMMENDATIONS TO HIM SO THAT HE THEN CAN COME BACK WITH A RECOMMENDATION TO THE BOARD, Y MAY 91979 Bou 40 PAcE 287 • THE BOARD AGREED THERE WERE A LOT OF CONCERNS WITH THIS ORDINANCE ESPECIALLY SINCE WE NEED TO PROTECT OUR WATER SUPPLY, AND THEY WOULD BE INTERESTED IN HAVING SOME RECOMMENDATIONS. COMMISSIONER LYONS WILL PURSUE THIS MATTER. IT WAS AGREED THAT THE ITEM IN REGARD TO APPOINTMENTS TO A REAL X COMMITTEE AND THE ITEM IN REGARD TO INGRESS AND EGRESS TO BREEZY VILLAGE AND LAMPLIGHTER DEVELOPMENT WILL BE DEFERRED AND PLACED ON THE AGENDA OF THE NEXT MEETING. CHAIRMAN WODTKE REQUESTED THAT THE ADMINISTRATOR ONCE AGAIN CHECK WITH THE SHERIFFS DEPARTMENT IN REGARD TO VENDORS AT THE WABASSO BEACH INTERSECTION ON AZA. COMMISSIONER LYONS SUGGESTED THAT THE BOARD CONSIDER SOME PROCEDURE WHEREBY COMMISSION MEETINGS WOULD NOT CONTINUE BEYOND 6:00 OlCLOCK P.M. 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 PJOS. 61793 - 61982 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 8:35 O'CLOCK P.M. ATTEST: CLERK 0 MAY 91979 CHAIRMAN 11 r