HomeMy WebLinkAbout6/6/1979WEDNESDAY, JUNE 6, 1979
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH,.FLORIDA,
ON WEDNESDAY, JUNE 6, 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,
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE REGULAR MEETING OF MAY 23, 1979,
COMMISSIONER LOY NOTED THAT ON PAGE 5, LINE 14, THE WORDS
"PROPOSED RELEASE" BE USED INSTEAD OF THE WORD "USE."
COMMISSIONER Loy -NOTED THAT ON PAGE 23, LINE 33, THE WORD
"WHERE" BE -USED INSTEAD OF THE WORD "WHEN."
COMMISSIONER LOY NOTED THAT ON PAGE 37, LINE 19, THE WORD
"WASN'T" BE USED INSTEAD OF THE WORD "WEREN'T."
COMMISSIONER LOY NOTED THAT ON PAGE 64, LAST PARAGRAPH, "KALE"
BE CORRECTED TO "KHAIL."
COMMISSIONER LOY INFORMED THE BOARD THAT ATTORNEY COLLINS HAS
REDRAFTED RESOLUTION 79-50, WHICH APPEARS ON PAGE 66, AND HE WOULD LIKE
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TO HAVE THE ORIGINAL DELETED AND REPLACED BY THE NEW RESOLUTION WHICH
HE HAS PREPARED.
ON POTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED DELETION OF THE OLD RESOLUTION
79-50 AND REPLACEMENT OF SAME BY THE NEW, REDRAFTED VERSION.
THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER
LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY,APPROVED
THE MINUTES OF THE REOULAR MEETING OF MAY 23, 1979, AS WRITTEN.
JUN 6.1979
BOOK 40 PAGE 3 ( 6
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED THE CHAIRMAN'S SIGNATURE RE THE.
FOLLOWING DEPUTY APPOINTED BY SHERIFF JOYCE: MICHAEL A. MCCULLERS.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SOY, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT WHICH REPRESENTS
A LINE TO LINE BUDGET TRANSFER TO FUND PAYROLL ACCOUNTS FOR THE SUPER-
VISOR OF ELECTIONS PER THE CODY REPORT, FROM THE GENERAL FUND, AS FOLLOWS:
ACCOUNT TITLE ACCOUNT N0. 'INCREASE E S
SALARIES 01-2440-102.00 $ 667.00
RETIREMENT 01-2441-105.01 $ 61.00
FICA 01-2441-105.02 $ 41.00
WORKMENS COMP. 01-2441-107.00 $ 3.00
OFFICE SUPPLIES 01-2440-205.00 $ 772.00
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
SOY, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT FOR THE ROAD AND
-BRIDGE DEPARTMENT TO ALLOCATE ADDITIONAL FUNDS TO THE CITY OF SEBASTIAN
ON THE TAXES PAID. THIS WAS DUE TO THE NEW PROPERTY ON THE TAX ROLL
WHICH WAS ABOVE.CERTIFICATION OF THE FIGURES, AS FOLLOWS:
BGcouNT TITLE ACCOUNT No, INCREASE DECREASE
CITY OF SEBASTIAN 02-4102-304.03 • $1,000,00
RESERVE FOR
CONTINGENCIES 02-9990-701.00 $1,000.00
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
EOY, 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:
JUNE 8 STUART TO COMPLETE CAMP PLANS WITH OTHER
(AFTERNOON) COUNTY AGENTS.
JUNE 11-14 ASTOR PARK FOR 4-H COUNSELOR TRAINING CAMP.
4-H CAMP MCQUARRIE
2
j U 61979 BOOK 40 PAcE 377
PETE SPYKE:
.JUNE 15 ONA CORN PRODUCTION FIELD DAY AT ONA _
AGRICULTURAL RESEARCH CENTER.
JUNE 25-26 HOMESTEAD SUBTROPICAL FRUITS IN-SERVICE TRAINING
SON STATE FUNDS).
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAY ROLLS, CIRCUIT
COURT, SPRING TERM, 1979, IN THE AMOUNTS OF $187.72, $63,48, AND $127.14;
AND STATE WITNESS PAY ROLLS, COUNTY COURT, APRIL, 1979 TERM, IN THE
AMOUNT OF $83.24, AND THE MAY, 1979 TERM, IN THE AMOUNTS OF $186.94
AND $110.66.
INTERGOVERNMENTAL COORDINATOR THOMAS NEXT DISCUSSED THE RATE
STRUCTURE SURVEY, AS REQUIRED BY THE BOND COVENANTS, SUBMITTED BY POST,
BUCKLEY, SCHUH & JERNIGAN AND READ FROM THE BOND STATEMENT CONCERNING
THIS REQUIREMENT. INTERGOVERNMENTAL COORDINATOR THOMAS BROUGHT TO THE
ATTENTION OF THE BOARD THE FOLLOWING LETTER:
3
9 r
JUN 61979
BOOS( 40 PAGE 10
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' 14E PORTERFIELD BUILDING
ORLANDO. FLORIDA uzouo
TELEPHONE zosmo -0041
.
May lO, 1979
.
.Mr. Jack Jenni ngs`
County Administrator
.Indian River Cnurfty
14th Avenue
FL 32960 Vero Beach, '
'
Dear Mr. Jennings:
In response to your stpleased to submit this proposal to
perform rate study* for your County's solid waste disposal operations.
Our study would cover the two-year, period of Fiscal Years 1980 and 1981.
Vie would perform the following work tasks:
.
�
Review the auditor's report.'
'.
.0 Nenimv bond resolutions, solid %.�astc reports, budgets, etc.
' w
` Review bond fL)nd requirements.
p`
' � Dm conjunction with the County Administrator, establish a
'r budget with an expense breakdown for: ,
'
Operating landfill . .
Operating trash stations
Capital improvements to landfill ' .
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Project wauteloads by category. .
*
-Provide a cash flow projection with current rates. �
'~''t revenue needs for. -the two yearscovcring:
Operation and capital imprnvoxonts
Pond rcsul*utioo requirements |
'
^ 'Evaluate dm impart of constructing and yo/oeroting on air -curtain
' ^ -destructor nn the am�o�l operating costs anJ rnteu.
.
` * RucoommuJ rates to covcr projected expenses.
* Hokn nor000ry rrcmnn0xdxtioil, regarding man000ment, hoUUoting
aUd accnoo(iuV 1rac1iccS xhjch 't111(0 in 01e study.
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,jack Jennings
.•toy la, 1979
Page 2
° Meet with the County /administrator to discuss the preliminary
findings of the report prior to final printing.
• ° Provide 30 copies of a final report containing a summary of our
investigations findings and recommiendations to the County.
The cost of the above study will not exceed $11,000. Work on the project .
will corrience innnediately upon receipt of your signed acceptance of this
proposal and should be completed within 12 weeks after commencement.
-Compensation. torp ro essionil services providod on this project shell'be in
accordance with our Contract executed t)�lruar�-_5,- 1?77, and atir. nded Sepicr,:ber;
i7,._077, .Specifically, Paragraph IV(C)of the Contract'allous additional
'services to be provided after authorization by the County. Ti'^ m-:2thod of
co6t^;'nsatiCn shat i bu ifi acco?'G'nce iii;.s1 Vii.. ;^.Il;;^_l11 C fro"ip etls t.ioil) Gi the
Corltr;..,t. Fora r: { i I11( of the Con tr' do t" 1" �` f i TTS c. ,• o... �. t -;
t.. t �+r'ilYirw,, i.ttu Si:i?i:C:tIIN of
Not to be Salary states in raragi','ph IV(C) of the Conti—Zct be �ti:cr:iad,
as reri:lirt:d, after a period of one year from the date of execution of the
Contract. The attached Schedule of Not to Exceed Salary Rates is provided
to meet this requirement.
Heil Nelson, Assistant County Administrator, requested that we identify all
key personnel who will perform work on your study «aid their current salary _
rates (including fringe benefits). They are as follows:
Kevin J. Cooley, P.E., Project Manager/Engineer - $15,93 per hour
° Fred 0. Jordan, P.E., Financial Analyst - Slo.47 per hour
° Donald HcDermott, Syst(!ms/Utilities Analyst - S14.6G per hour
° Wi.11iaiir E. Benjamin, P.E., Report Editor - $16.23 per hour
We sincerely appreciate .tile opportunity to submit this proposal to Indian
River County, and ere arelooking forward to beginning work on your project
at an early date.
Very truly yours,
POST, BUCKLEY, SC SUMS, JERNIGAN, INC.
r/•�
• l.evrn Y Cooley, P.f .
Project 1 -imager
ACCEPTED:
INDIAN RIVER COUNTY
By - -=- ---- ,
Dat6:___
KJC:nb
JUN 61979
we -
//
BOOK .40 PAGE 380
SCFIEDULE OF UOT TO
EXCEED ,
SALARY RATES
•
May 18, 1979
PUAXIMIN HOURLY RATE (l) (2)
' Principal-in-Charge
$63.74
Regional Manager
30.36
Project Manager
23.26
Financial Analyst
19.13
Senior Civil Engineer.
23.90
Senior Engineer
20.66
Engineer
14.86
Planner
19.13
Report Editor
16.47
Graphics Operator
9.73-
Designer
12.41
Draftsman
9.73
Report Typist
11.82 w
Secretary
8.81
(l�Maxituunr liourly hates incicrde fringe benefits (i.e., sic:k .leave, vacation,
etc.).
(`�l'airi.re benefit charges
skill not exceed 35 percc•rit of ::clary charges.
JUN 61979
40 pa"38 .
J
ON MOTION MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE CONTINUING CONTRACT AS
PROPOSED BY POST, BUCKLEY, SCHUH & JERNIGAN IN THEIR LETTER DATED MAY
18, 1979; THE COST OF THE STUDY NOT TO EXCEED $11,000.
INTERGOVERNMENTAL COORDINATOR THOMAS BROUGHT UP THE NEXT ITEM
REGARDING THE ECONOMIC DEVELOPMENT ADMINISTRATION, AND OF THE HIRING
OF MINORITY SERVICES. HE REPORTED THAT WE HAVE SENT A WRITTEN AUTHORI-
ZATION TO MR. MIGUEL A. GUZMAN, A CPA, TO PROCEED TO DO THE AUDIT OF
THE EDA GRANT FUNDS. :
ON MOTION MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER LYONS, THE BOARD UNANIMOUSLY APPROVED THE HIRING OF MR. MIGUEL
A. GUZMAN AS THE EDA AUDITOR.
INTERGOVERNMENTAL COORDINATOR THOMAS ASKED THAT AN EMERGENCY
ITEM BE ADDED TO THE AGENDA REGARDING A GRANT AWARD FOR LIBRARY SERVICE
TO THE AGING.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY ADDED THIS EMERGENCY ITEM TO THE AGENDA.
DISCUSSION FOLLOWED ABOUT MATCHING FUNDS AND THERE ARE NONE
REQUIRED OF THE COUNTY, AS FAR AS INTERGOVERNMENTAL COORDINATOR THOMAS
COULD DETERMINE.
ON MOTION MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE CONTRACT FOR GRANT AWARD
IN THE AMOUNT OF $4,700 FOR LIBRARY SERVICE TO THE AGING.
THE CONTRACT FOR GRANT AWARD IS. HEREBY MADE A PART OF THE
MINUTES.
7
JUN 61979
'BOOK 40 PAGE 382
I
FLORIDA STATE PLAN
STATE -IMIDE LIBRARY PROGRAM GRANT
AGREEMENT BETWEEN
STATE OF FLORIDA, DEPARTMENT OF STATE
DIVISION OF LIBRARY SERVICES
AND THE
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
COA'TRACT
DLS-79-1-10-B
This Agreement, made this ' day of 19_, between
the State of Florida, Department of State, Division of Library Services, hereinafter
called the DIVISION, and the Board of County Commissioners of Indian
River County, Florida hereinafter called the COUNTY for and on
behalf of the Indian River County Library hereinafter
called the LIBRARY.
WITNESSETH
WHEREAS, the DIVISION, as administrator of Federal funds provided through the
Library Services and Construction Act, Public Law 95-123, under the plan of operation
approved by the U.S. Commissioner of Education, is desirous of extending LIBRARY
SERVICE TO THE AGING and,
WHEREAS, the LIBRARY has proposed a program of library service to the
aging to the DIVISION, which
program is acceptable- to the DIVISION;
NOW, THEREFORE, the parties hereto agree as follows:
1. The COUNTY agrees to:
a. Administer all funds allocated to it by the DIVISION to carry out library
' service to the aging
b. Repay to the DIVISION any and all funds not thus expended.
c. Make such written reports as the DIVISION may require, including a
narrative report showing the progress of the program and written reports
of expenditures, and to provide an audit report by a certified public
accountant, unless audited by the Auditor General.
d. Review, at the close of the grant period, the program and progress made
toward its implementation.
e. Provide verification that the LIBRARY will -comply with Title V1 of the
Civil Rights Act -of 1964.
2. The DIVISION agrees to:
a. Furnish funds in accordance with the terms of the program in the amount of
Four Thousand and Seven Hundred Dollars ($4,700.00)
Standard Contract # DLS-79-A
JUN 61979®a40 PALS
&a
for the period April 1, 1979 through March 31, 1930 ,
,in consideration for the LIBRARY'S performance hereinunder, which amount
will be paid in full contingent upon funding by the
Department of Health, Education and Welfare, Office of Education.
b. Furnish supervision, counsel and assistance toward the objective of
providing library service in this area.
3. This contract shall be in effect during the period April 1, 1979 —
through March 31, 1980
WITNESSETH:
Ks'To: ,George Firestone,
`Secretary of State,
State of Florida
As To: George Firestone,
Secretary of State,
State of Florida
As To: Director, Division of
Library Services,
Department of State,
State of Florida
l
s~T Director, Division of
Library Services,
Department of State,
State of Florida
As To: Chairman, Board of County
Commissioners of Indian River
County, Florida
AY To: hairman, Board of County
Commissioners of Indian River
County, Florida
Standard Contract 11 DLS-79-A
George Fy estone, Secretary of
State, State of Florida
ek
c
Director, Division of Library
Services, Department of State,
State of Florida
Chairman, Board of County C issioners•
of Indian River County, Florida
Approved as to'form and legality:
� F
Office of General Counsel, DOS Date
Approved as to fiscal sufficiency:
Cfficr c.f Finrnri,il t'-�n;,..:.•nt, f�r1S C:.tc
JUN 6,1979 Box • 40 PAGE384
DEAN F. LUETHJE, OF CARTER ASSOCIATES, APPEARED BEFORE THE
BOARD REQUESTING FINAL APPROVAL OF THE INFORMATIONAL PLAT PERTAINING
TO THE DRAINAGE AND UTILITY EASEMENTS FOR RIVERA ESTATES SUBDIVISION,
OWNED BY .JOHN MAGUIRE. HE STATED THAT THEY OBTAINED TENTATIVE APPROVAL
SEVERAL MONTHS AGO AND THE NORTHEAST SECTION OF THE SUBDIVISION HAS
BEEN DEVELOPED AT THIS TIME. MR. LUETHJE NOTED THEY HAVE PROVIDED
DRAINAGE AND OUTFALL ALL THE WAY OUT TO ROUTE 60 WHERE THERE IS AN
EXISTING AGRICULTURAL DITCH. HE CONTINUED THAT THEY ARE REQUESTING TO
PUT ALL OF THE REQUIRED EASEMENTS ON RECORD AT THIS TIME, AND NOTED THE
EASEMENT ACROSS AN EXISTING POND WILL BE ABANDONED ONCE THE STREET IS
DEVELOPED THERE. MR. LUETHJE REPORTED THAT THE CURBING IS IN, AS WELL
AS STOP SIGNS AND STREET NAMES, AND THE RELEASES OF LIENS HAVE BEEN
OBTAINED.
COMMISSIONER LOY ASKED IF RIVERA ESTATES SUBDIVISION WAS THE
ORIGINAL NAME OF THE PLAT, AND MR, LUETHJE REPLIED AFFIRMATIVELY.
COUNTY ADMINISTRATOR .JENNINGS STATED THAT HE INSPECTED THE
SUBDIVISION, EVERYTHING IS IN ORDER, AND HE RECOMMENDS FINAL APPROVAL.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED THE INFORMATIONAL PLAT OF RIVERA
ESTATES SUBDIVISION.
ARTHUR MAYER, BUILDING OFFICIAL OF THE CITY OF.SEBASTIAN,
APPROACHED THE BOARD TO DISCUSS THE SUBJECT OF OCCUPATIONAL LICENSES.
HE INTRODUCED FLORENCE L. PHELAN, THE CITY CLERK OF SEBASTIAN. MR.
MAYER STATED THEY ARE POSED WITH A PROBLEM CONCERNING THE OCCUPATIONAL
LICENSES BECAUSE THE CITY OF $EBASTIAN`S REGULATIONS ARE DIFFERENT FROM
THE COUNTY'S. HE CONTINUED THAT HE RECEIVED A LETTER FROM GENE MORRIS,
COUNTY TAX COLLECTOR, STATING THAT HE CANNOT REFUSE AN.000UPATIONAL
LICENSE TO ANY ONE. MR. MAYER CITED AN EXAMPLE OF A DAY CARE CENTER
_ THAT NEVER APPROACHED THE PROPER OFFICIAL BOARDS IN SEBASTIAN, YET IT
WAS GIVEN AN OCCUPATIONAL LICENSE FROM THE COUNTY. HE FURTHER STATED
THAT HE FELT NO OCCUPATIONAL LICENSE SHOULD BE GIVEN TO ANYONE UNLESS
THE APPLICANT PRESENTS A LETTER FROM THE MUNICIPALITY IN WHICH HE INTENDS
TO WORK, AND ALSO A CERTIFICATE OF OCCUPANCY.
10
JUN .61979 moo u Pw 385
DISCUSSION FOLLOWED AND SOME MEMBERS OF THE BOARD FELT THIS
WOULD BE TYING OCCUPATIONAL LICENSES TO A SPECIFIC PIECE OF LAND.
MR. MAYER REPORTED THAT THE STATE REQUIRES THAT THE OCCUPATIONAL
LICENSE MUST HAVE AN ADDRESS ON IT AND IT MUST BE POSTED AT THE PLACE
OF BUSINESS. HE CONTINUED THAT IF THE PLACE OF BUSINESS WERE RELOCATED,
A NEW OCCUPATIONAL LICENSE WOULD BE ISSUED AT NO CHARGE,
ATTORNEY COLLINS STATED THAT THERE ARE SOME OCCUPATIONAL
LICENSES THAT DO NOT HAVE STATE REQUIREMENTS.
COMMISSIONER SIEBERT ASKED ABOUT PEOPLE WHO DO BUSINESS OUT
OF THEIR TRUCKS.
MR, MAYER COMMENTED THAT THEY WOULD HAVE AN OCCUPATIONAL
LICENSE USING THEIR HOME ADDRESS, PROVIDING THERE IS NO VISIBLE MEANS
OF BUSINESS BEING CONDUCTED IN THEIR HOME.
COMMISSIONER LYONS INTERJECTED THAT THE BOARD IS TRYING TO
DISCUSS A SUBJECT TO WHICH THEY HAVE JUST BEEN INTRODUCED. HE CONTINUED
THAT IT WOULD HAVE BEEN HELPFUL IF THE BOARD HAD MORE INFORMATION, THEN
THEY WOULD HAVE BEEN BETTER PREPARED TO GO OVER THE MATTER WITH MR. MAYER.
.COMMISSIONER SIEBERT WAS OF THE SAME OPINION.
MR. MAYER THOUGHT THAT MR. MORRIS MIGHT BE PRESENT AT THE
COMMISSION MEETING TODAY.
CHAIRMAN WODTKE ASKED IF MR, MAYER HAD SEEN MR, MORRIS REGARD-
ING THIS SUBJECT, AND HE REPLIED THAT HE HAD NOT, BUT HE HAD CALLED HIM
• SEVERAL TIMES.
CHAIRMAN WODTKE COMMENTED THAT MR, MORRIS IS NOT AN EMPLOYEE
OF THE BOARD AND THAT MR. MORRIS CANNOT ENFORCE REGULATIONS IN THE
MUNICIPALITY OF SEBASTIAN.
COMMISSIONER Loy SUGGESTED THAT MR. MAYER SEE MR. MORRIS TO
DISCUSS HOW THIS SHOULD BE HANDLED, AS HE IS CHARGED WITH THE RESPONSI-
BILITY OF ISSUING OCCUPATIONAL LICENSES.
DISCUSSION FOLLOWED AND IT WAS DETERMINED THAT THE STATE PRINTS
THE OCCUPATIONAL LICENSES FOR THE.000NTY.
MR. MAYER NOTED THAT THE CITY OF VERO BEACH HAS SIMILAR PROBLEMS
REGARDING OCCUPATIONAL LICENSES.
11
JUN ra,� 1979 am ® PAGE 386
JUN
COMMISSIONER LYONS FELT MR. MAYER AND ESTER RYMER (BUILDING
DIRECTOR) SHOULD GET TOGETHER WITH MR. MORRIS AND ATTEMPT TO COME UP
WITH A FEW RECOMMENDATIONS.
MS. PHELAN STATED THAT IF A PERSON LIVED WITHIN THE CITY OF
SEBASTIAN, IT WAS UNDERSTOOD THAT THEY WOULD.NOT ISSUE A CITY LICENSE
UNLESS THAT PERSON QUALIFIED IN THE COUNTY.
DISCUSSION FOLLOWED ABOUT WHO IS REQUIRED TO GET A LICENSE
AND IT WAS CONCLUDED THAT IF A GENERAL CONTRACTOR FROM VERO BEACH HAS
A COUNTY LICENSE, HE CAN WORK IN SEBASTIAN - BUT, IF THAT CONTRACTOR
OPENED UP AN OFFICE IN SEBASTIAN, THEN HE WOULD BE REQUIRED TO OBTAIN
A SEBASTIAN LICENSE.
-INTERGOVERNMENTAL COORDINATOR THOMAS GAVE AN EXAMPLE OF A MAN
WHO OPERATES OUT OF HIS TRUCK SELLING FISH AND SHRIMP WHO KEEPS MOVING
HIS TRUCK AROUND THE COUNTY, STATING THAT HE HAS A COUNTY LICENSE.
MS. PHELAN STATED THAT, ACCORDING TO THE STATE LAW, IF YOU
RAISE YOUR OWN VEGETABLES AND CATCH YOUR OWN FISH, YOU CAN SELL THEM,
BUT IF YOU BUY THESE PRODUCTS AND RETAIL THEM, YOU•DO NEED A LICENSE
FROM THE MUNICIPALITY IN WHICH YOU ARE OPERATING.
DISCUSSION CONTINUED AND IT WAS DETERMINED THAT THERE NEEDS
TO BE COOPERATION BETWEEN THE COUNTY AND THE MUNICIPALITIES IN•THIS
MATTER.
MR. PAYER STATED THAT HE WILL TRY TO RECTIFY THIS PROBLEM
WITH MR. MORRIS, AND COMMISSIONER LOY REQUESTED THAT MR, MAYER BRING
BACK A RECOMMENDATION TO THE BOARD CONCERNING OCCUPATIONAL LICENSES.
DEAN F. LUETHJE, PRESIDENT OF VERO-TREASURE COAST KIWANIS
CLUB, APPROACHED THE BOARD TO DISCUSS BEAUTIFYING THE MEDIAN STRIPS ON
THE WEST ENTRANCE TO THE NEW BRIDGE ON 17TH STREET•BETWEEN U.S. 1 AND
INDIAN RIVER BOULEVARD. HE REPORTED THAT THEY PROPOSE TO PLANT HERITAGE
OAKS AND HONG KONG ORCHIDS, WHICH ARE ACCEPTABLE FOR THE NATIONAL
TRAFFIC SAFETY STANDARDS. MR. LUETHJE STATED THAT ELLIOTT L. GROSH -IS
CHAIRMAN OF THIS COMMITTEE, AND THAT THE CITY HAS OFFERED THE USE OF
SOME OF THEIR EQUIPMENT TO HELP WITH THE PLANTING, WHICH THE KIWANIS
CLUB WILL PHYSICALLY CARRY OUT. HE FURTHER STATED THAT THE KIWANIS
61979
. 12
BOOK PAGE 387
CLUB NEEDS THE COUNTY'S HELP TO MAKE FORMAL APPLICATION TO THE DOT
FOR PERMISSION TO PLANT THE TREES,
COMMISSIONER LYONS ASKED ABOUT THE WATERING OF THE TREES.
MR. LUETHJE EXPLAINED THAT THE KIWANIS CLUB AND THE CITY WILL
TAKE CARE OF THE WATERING, AND AFTER THE TREES ARE ESTABLISHED, THEY
SHOULD REQUIRE LITTLE•MAINTENANCE.
CHAIRMAN WODTKE ASKED HOW LARGE THE HERITAGE OAKS WERE AND
IT WAS DETERMINED THEY WERE THE SAME SIZE AS THE OAKS PLANTED ON THE
MEDIAN STRIP ON ROUTE 60.
ADMINISTRATOR JENNINGS COMMENTED THAT AFTER RECEIVING APPROVAL
FROM THE BOARD TO PROCEED WITH THIS PROJECT, THEY COULD PRESENT THE
• PLANS TO THE DOT OFFICE IN FORT LAUDERDALE TO GET THE PROJECT STARTED.
.ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy,
THE BOARD UNANIMOUSLY APPROVED THE TREE PLANTING PROJECT, AS PRESENTED
BY THE VERO-TREASURE COAST KIWANIS CLUB, AND AUTHORIZED THE CHAIRMAN
AND ADMINISTRATOR TO CONTACT THE DOT TO RECEIVE AUTHORIZATION TO PROCEED.
J. B. EGAN, III,. PRESIDENT OF THE KIWANIS CLUB OF VERO BEACH,
CAME BEFORE THE BOARD TO DISCUSS THE PROPOSED BATHHOUSE AND RESTROOM
FACILITIES AT KIWANIS-HOBART PARK; HE THEN INTRODUCED FRED CARLSEN TO
THE BOARD. MR. EGAN CONTINUED THAT THE KIWANIS CLUB HAS NOW REACHED
THE $5,000 GOAL SET BY THE COUNTY - THEY HAVE $4,000 AVAILABLE IMMEDI-
ATELY, AND WILL HAVE $1,000 AFTER OCTOBER 1, 1979, AND THEY WOULD LIKE
TO PROCEED WITH THIS PROGRAM.
CHAIRMAN WODTKE COMMENTED THAT THE BOARD ALREADY HAS AUTHORIZED
PARTICIPATION IN THIS PROGRAM ON BEHALF OF THE COUNTY. "
DISCUSSION FOLLOWED REGARDING THE COUNTY'S INTENTION TO GO
ALONG WITH THE KIWANIS CLUB ON THIS MUCH-NEEDED FACILITY. IT WAS THEN
DETERMINED TO ACCEPT THE CLUBS CONTRIBUTION AND ADVERTISE FOR BIDS.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT,
THE BOARD UNANIMOUSLY AGREED TO ACCEPT $4,000 FROM THE KIWANIS CLUB;
AND AUTHORIZE THE ADMINISTRATOR TO ADVERTISE FOR BIDS FOR THE BUILDING
OF THE BATHHOUSE AND RESTROOM FACILITIES.
13
JUN 61979 Boa 40 PAGE X88
MR. EGAN STATED THAT THE MONEY WILL BE REMITTED TO THE COUNTY
WHEN HE IS ADVISED TO DO SO BY THE ADMINISTRATOR.
CHAIRMAN WIODTKE INSTRUCTED ASSISTANT ADMINISTRATOR NELSON
TO HAVE THE PURCHASING AGENT NOTIFY MR, EGAN AND MR. CARLSEN OF THE
BID OPENING.
MR, ►NELSON NOTED THAT HE WILL MEET WITH MR. CARLSEN TO SMOOTH
OUT THE SPECIFICATIONS OF THE PROPOSED FACILITIES AT THE KIWANIS-HOBART
PARK.
CHAIRMAN WODTKE THEN ASKED GLORIA GEARHARDT TO APPROACH THE
BOARD AND HE THEN READ ALOUD THE FOLLOWING PROCLAMATION:
14
JUN - 61979
BOOK ' I FACE 389
P R O C L A M A T I O N
WHEREAS, a new majorette group consisting of girls whose
ages range from 4 years to 14 years, called GLORIA'S•GIRLS was
formed in Vero Beach in September of 1978; and
WHEREAS, GLORIA'S GIRLS have accomplished a great deal in
a short time and have competed throughout the State and have
M
accurgulated 13 trophies to date, the most recent being the State
Championship in three divisions; and
WHEREAS, the parents of the girls making up GLORIA'S GIRLS
have formed -their own group which has provided the majorettes
with uniforms, traveling expenses and entry fees; and
WHEREAS, GLORIA'S GIRLS have an opportunity to compete in
the national competition in Greensboro, North Carolina, re-
presenting the State of Florida; and
WHEREAS, it is beyond the parents' ability to handle all
the expense involved in GLORIA'S GIRLS making the trip to
Greensboro, North Carolina at this time; and
WHEREAS, in order f -or the group to attend the national
competition and represent not only the State as a whole but
our community as well, it is necessary that the citizens get
behind the girls both in spirit and by monetary support;
NOW, THEREFORE; BEFIT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Board
on behalf of itself and the citizens of Indian River County
wishes GLORIA'S GIRLS success in the National Competition; and
BE IT FURTHER PROCLAIMED that the Board urges the citizenry
to encourage GLORIA'S GIRLS both in spirit and financially, by
contributing to the group and thus enabling them to attend the
National Competition and perhaps bring further glory to -our
community.
This Proclamation shall become.effective•as of the 6th day
of June, 1979.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, PLO IDA
By
William C. Wodtke, Ji., Chairman
JUN 61979 Book 40 fma 390
CHAIRMAN WODTKE POINTED OUT THAT IF GLORIA`S GIRLS FAIL TO
PARTICIPATE IN THE NATIONAL COMPETITION IN GREENSBORO, NORTH CAROLINA,
THEY WILL LOSE TO THE SECOND PLACE WINNER AND HAVE TO TURN IN THEIR
TROPHIES. HE CONTINUED THAT HE HOPED THE COMMUNITY WOULD SUPPORT THIS
GROUP, ENABLING THEM TO MEET ALL THEIR NECESSARY EXPENSES FOR THIS
NATIONAL COMPETITION. -
MRS. GERHART STATED THAT THE GROUP WILL NEED APPROXIMATELY ,
$2,000 FOR THE BUS TRIP TO ATTEND THE COMPETITION; AND SHE THEN THANKED
CHAIRMAN WODTKE AND THE BOARD FOR THE PROCLAMATION, AND THANKED THOSE
WHO PRESENTED HER WITH CONTRIBUTIONS AT THE COUNTY COMMISSION MEETING.
16
JUN 61979 KKK 40 PACE 391
•
REVEREND R. HAROLD LEE, CHAIRMAN, OF THE SEBASTIAN RIVER AREA
MINISTERIAL ASSOCIATION, INFORMED THE BOARD THAT THEIR ASSOCIATION, IN
CONJUNCTION WITH MINISTERS IN VERO BEACH, WOULD LIKE TO UTILIZE KIWANIS-
HOBART PARK OCTOBER 28TH THROUGH NOVEMBER 4TH FOR THE E. J. DANIELS
GOSPEL CRUSADE. THEY WISH TO USE THE AREA NEXT TO THE BALL PARK TO
ERECT A 190 X 9O TENT AND TWO SMALL TENTS. REVEREND LEE STATED THAT
THEY HAVE CHECKED WITH FLORIDA POWER & LIGHT, AND THAT IS THE ONLY
LOCATION WHERE THEY COULD HOOK UP FOR ELECTRIC POWER. HE FURTHER STATED
THAT THEY HAVE INVESTIGATED PARKING AREAS, POLICE ASSISTANCE, RESTROOM
FACILITIES, GARBAGE DISPOSAL, ETC,
COMMISSIONER DEESON ASKED IF WE HAVE ESTABLISHED THAT ALL THIS
COMPLIES WITH CHAPTER #7 OF THE COUNTY CODE.
ATTORNEY COLLINS ASKED IF THE.ACTIVITIES PLANNED TAKE PLACE
WITHIN SET HOURS, AND REVEREND LEE STATED THAT THEY WOULD TAKE PLACE
BETWEEN THE HOURS OF 7:00 AND 10:00 P.M. EVERY NIGHT FOR A WEEK. E. J.
DANIELS IS AN EVANGELIST, AND THERE WOULD BE SOME SINGING, BUT THE
PRIMARY ACTIVITY WOULD BE PREACHING.
ATTORNEY COLLINS DID NOT FEEL THIS ACTIVITY WOULD QUALIFY AS
A FESTIVAL, AND CHAPTER #7, THEREFORE, WOULD NOT APPLY. HE SUGGESTED
THE COMMISSION GRANT PERMISSION FOR USE OF THE PARK DURING THE'SET HOURS
JUST AS THEY WOULD FOR ANYONE ELSE.
COMMISSIONER LYONS INQUIRED ABOUT PROVISIONS FOR CLEAN UP,
AND ATTORNEY COLLINS NOTED THAT IN GRANTING THE USE, YOU CAN SET THOSE
CRITERIA.
COMMISSIONER DEESON COMMENTED THAT HE DID NOT BELIEVE'THERE
WILL BE FOOD AND BEVERAGES, JUST NORMAL LITTER, AND REVEREND LEE CON-
FIRMED THIS.
COMMISSIONER LYONS ASKED IF THEY WOULD BRING ADDITIONAL REST -
ROOMS OF SOME TYPE, AND REVEREND LEE INFORMED THE BOARD THAT THE HEALTH
DEPARTMENT SAYS THAT THEY WILL HAVE TO HAVE ONE FOR MALES AND ONE FOR
FEMALES. HE NOTED THE SEATING CAPACITY IN THE TENT IS 2,500, BUT THESE
FACILITIES WILL ONLY BE NEEDED FOR THREE HOURS EACH NIGHT.
JUN 61979
17
BOOK "40 PAR
I
7-7
i
COMMISSIONER LOY AGREED THAT THIS PARTICULAR TYPE OF EVENT
WOULD NOT FALL WITHIN THE TERMINOLOGY OF CHAPTER #7 OF THE COUNTY CODE,
AND STATED SHE WOULD LIKE TO SUPPORT THIS GROUP AND SETUP GUIDELINES
BY WHICH THIS COULD BE ACCOMPLISHED. SHE NOTED THAT REVEREND LEE HAS
MET WITH PARK SUPERINTENDENT BILL COOK, WHOIS FAMILIAR WITH THE NEEDS
OF LARGE GROUPS, COMMISSIONER Loy SUGGESTED THAT, WITH SUPERINTENDENT
COOKS HELP, WE SHOULD MAKE UP A LIST OF CRITERIA THAT SHOULD BE MET
FOR THIS FUNCTION AND SIMILAR ONES,
DISCUSSION CONTINUED, AND COMMISSIONER LYONS FELT WE COULD
APPROVE THE REVEREND'S REQUEST SUBJECT TO COMPLYING WITH THE RULES THAT
ARE TO BE DRAWN UP.
ATTORNEY COLLINS EMPHASIZED THAT THIS LIST SHOULD INCLUDE
PROVISIONS FOR INSURANCE, AS WELL AS TRAFFIC FLOW AND CONTROL, SECURITY
AGAINST VANDALISM, CLEAN UP, HEALTH REQUIREMENTS, ETC,
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY INSTRUCTED PARK SUPERINTENDENT COOK TO DRAW
UP CRITERIA FOR USE OF KIWANIS-HOBART PARK FOR LARGE GROUP FUNCTIONS
TO BE SUBMITTED TO -THE BOARD FOR APPROVAL, AND APPROVED THE REQUEST OF
THE SEBASTIAN RIVER AREA MINISTERIAL ASSOCIATION FOR USE OF THE PARK
OCTOBER28TH THROUGH NOVEMBER 4TH, 1979, FOR THE E. J. DANIELS GOSPEL
CRUSADE, SUBJECT TO COMPLIANCE WITH THE RULES THAT ARE TO BE DRAWN UP.
CHAIRMAN WJODTKE READ ALOUD RESOLUTION No. 79-45 HONORING THE
GARDEN CLUB OF INDIAN RIVER COUNTY AND PRESENTED SAME TO MRS. PAUL
ROBERTSON AND MRS. HUBERT GRAVES, SR., THANKING THEM ON BEHALF OF THE
BOARD AND THE CITIZENS OF THE COUNTY.
RESOLUTION No. 79-45 IS HEREBY MADE A PART OF THE MINUTES.
N .61979
Book 40 na3g3
NO 79-45
BOARD OF COUNTY COMMISSRONERS
OF INDIAN, RIVER COUNTY, FLORIDA
WHEREAS, the GARDEN CLUB OF INDIAN RIVER COUNTY has per-
formed many civic projects which have benefited the pcople.of
Indian River County; and
WHEREAS, the GARDEN CLUB OF INDIAN RIVER COUNTY, through
its many civic projects, has made Indian River County a more
attractive and better place in which to live; and
WIiEREAS, the Civic Project for the GARDEN CLUB OF INDIAN
RIVER COUNTY for the year 1979 was the beautification of the
County Courthouse grounds; and
WHEREAS, MRS. PAUL ROBERTSON, Civic Chairman, assisted by
many members of the GARDEN CLUB OF INDIAN RIVER COUNTY, -con-
tributed many hours in said beautification; and
WHEREAS, the Plans for said beautification were drawn up
and contributed by MRS. HUBERT GRAVES, SR.; and
WHEREAS, the GARDEN CLUB OF INDIAN RIVER COUNTY incurred
expenses in the amount of $1,530.00 plus donations in the
completion of said Civic Project;
NOW, TIiEREFOR.E•, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the Board
on behalf of itself and the citizenry of Indian River County
expresses its deep appreciation to the GARDEN CLUB OF INDIAN
RIVER. COUNTY for the many hours contributed by MRS. PAUL
ROBERTSON, Civic Chairman, and the many members of the GARDEN
CLUB OF INDIAN RIVER COUNTY in the beautification of the County
Courthouse grounds; and. '
BE IT FURTHER RESOLVED that the Board congratulates MRS.
HUBERT GRAVES, SR. for the skillfully executed plans donated
' to the -1979 Civic Project of the GARDEN CLUB OF INDIAN RIVER
COUNTY; and
BE IT FURTIIER RESOLVED that the Board wishes the GARDEN
CLUB OF INDIAN RIVER COUNTY continued success in its future
endeavors.
Said Resolution shall become effective as of the 23rd day
.of May, 1.979.
fr
We it',
V\'A)l t ci� 0 0 0 C
r i L
p. Chairutan,(;uuntp (.011llilltitilUil[•rs
_JUN 61979
t
i
MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER Loy, TO AUTHORIZE THE CHAIRMAN TO EXECUTE A ONE YEAR LEASE WITH
THE AGRICULTURAL CENTER OF INDIAN RIVER COUNTY, INC., FOR OFFICE SPACE
FOR THE COUNTY EXTENSION DIRECTOR.
ATTORNEY COLLINS DISCUSSED ITEMS 7 AND 14 OF THE LEASE AND
FELT THERE COULD BE A POSSIBLE MISINTERPRETATION IN REGARD TO RESPONSI-
BILITY OF MAINTENANCE OF THE AIR CONDITIONING UNIT BEING WITH THE LESSOR.
THE BOARD NOTED THIS IS THE SAME LEASE WE HAD LAST YEAR, AND
AGREED THAT THEY WANT IT UNDERSTOOD THAT THE LESSOR IS RESPONSIBLE FOR
MAINTENANCE OF THE AIR CONDITIONING UNIT.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED.UNANIMOUSLY.
20
JU% 01979 BOOK 40 PAGE 395
L E A S E
The Lessors, AGRICULTURAL CENTER OF INDIAN RIVER COUNTY., INC.,
7150 20th Street, Vero Beach, Florida, and the Lessee
Board of County Commissioners, Indian River County
each in consideration of the agreements to be performed by the other, hereby,
on this, the 1st day of June , 1979 , agree:
1. PROPERTY AND TERM: The Lessors hereby lease to the Lessee the space
known as Office Unit No. F and G in the
Agricultural Center of Indian River County, Inc., Vero Beach, Florida, for a
term of one year/ from the date of this lease.
2. RENT: The Lessee will pay to the Lessor rent payments for the property
leased in the following manner:
(A) The total annual rent for the first year of the lease shall be
the total sum of $ 5,100.00. $
ftj the firala and last manths' rent, is paid si-niteneausly with the,
exectition of this 7�eese, the reeeipt whereof is hereby seAfkewledge . Monthly
rental payments in the amount of $ 425.00 per month
shall be paid on the first day of each month in advance commencing
June 1, 1979
The total annual rent for the second year of the lease shall be
total sum of $ , payable in monthly installments
of $ e on the first day of
each month in advance commencing
(C) The total annual ren
total sum of
ments of $ _
the thi
ar of the lease shall be the.
payable monthly rent Install -
due o e first day
ea ach month in advance commencing
3. DAMAGE DEPOSIT PROVISION: In addition. to the above, the Lessor asks
the receipt of the sum of ONE HUNDRED DOLLARS ($100.00) as a damage deposit, to
be held by the Lessor during the period of the lease. In the event that at
termination of this lease, should any repairs be necessary other than normal wear
and tear, the Lessee shall be responsible for said repairs.
_ahell--be applied .har-^ta.—®sago Ishallapaa final inspeztion--azTd-dptjP minArinn,
------ 04 Damage Deposit as not required to remed., any
County Tax Exempt.Number: 03000170541.
JUN 61979
BOOK • 40 PAGE 396
G
-2-
4. USE: The Lessee will use the leased property only as an office
for the.practice of business as approved by the Lessors and will make no
i
unlawful, improper or offensive use of.the leased property.
5. ASSIGNMENT OR SUB -LEASING: The Lessee may not assign this lease
or sub -let the premises or any portion thereof without the prior written
consent of the Lessors.
6. ACCESS BY LESSORS: The Lessors may enter, inspect, and make such
repairs to the leased -property as the Lessors may reasonably desire, at all
reasonable times.
7. REPAIRS: The Lessors will maintain the exterior of the leased
property, including the roof, windows, air-conditioning unit and exterior walls,
in good and substantial repair. The Lessee will maintain the interior of
the leased property, including interior ceilings, walls, floors, fixtures,
pipes and doors in good and substantial repair. The agreements in this
paragraph do not apply to any damage caused by fire or other casualty.
8. ALTERATIONS: Any and all alterations, or modifications to the
leased property made by the Lessee, must be first approved by the Lessors.
9. DAMAGE BY FIRE OR OTHER CASUALTY: If the leased property is
damaged by fire or other casualty to the extent that it is untenantable,
the Lessors shall have the option to rebuild and repair the leased property
or to terminate this lease; if damaged to a lesser extent, the Lessors
will rebuild and repair. In the event -of such damage, the rent payable under
this lease shall abate in proportion of the impairment of the use that can
reasonably be made of the property for the purpose permitted by this lease,
until the property is rebuilt and repaired (or until the lease is terminated
in accordance with this paragraph).
10. WAIVER OF EXEMPTION: Any constitutional or statutory exemption of
the Lessee or any Assignee or Sub -lessee, of any property usually kept on the
leased premises, from distress or forced sale is waived.
11. REMEDIES FOR FAILURE TO PAY -RENT. If rent required by this lease shall
not be paid when due, the Lessors shall have the option to: (a) terminate this
lease, resume possession of the property for their own account, and recover
immediately from the Lessee the difference between the rent specified in this
lease and.the fair rental value of the property for the remainder•of the term,
reduced to present worth, or (b) resume possession and release the property for
JUN 61979
BOOK 40 PAGE 397
•
-3-
% the remainder of the term for the account of the Lessee, and recover from the
e Lessee at the end of the term or. at the time each payment of rent comes due
under this lease, as the Lessors may choose., the difference between the rent
specified in the lease and the rent received on the re-leasing or renting.
In either event, the Lessors shall also recover all expenses incurred by
reason of the breach, including reasonable attorney's fees.
12. REMEDIES FOR BREACH OF AGREEMENT: If either Lessors or Lessee shall
fail to perform or shall breach any agreement of this lease other than the
agreement of the Lessee to pay rent, for ten (10) days after written notice
specifying the performance required shall have been given to the party failing
to perform, the party so giving notice may institute action in a court of
competent jurisdiction to terminate this lease or to compel performance of the
agreement, and the prevailing party in that litigation shall be paid by the
losing party all expenses of such litigation, including a reasonable attorney's
fee. ,
13. TERMINATION OF LEASE: This lease shall be terminated immediately if
the Lessee shall be dissolved, become insolvent or bankrupt, or make an assign-
ment for the benefit of creditors.
14. UTILITIES: The Lessee is to pay all light and other utility charges,
including expense of air conditioning operations which may be due and payable
against the property leased herein. Water shall be furnished at the expense
of the Lessor.
15. OPTION TO RELEASE: The Lessee shall have the option to re -lease the
premises subject to negotiations at time of renewal. The rent for the option
period shall be the rent agreed on at the time of the renewal negotiations.
IN WITNESS WHEREOF, the parties have hereunto set their hands attd seals
in duplicate on the day and year first written.
signed, sealed and delivered BOARD OF COUNTY 'CO121ISSIONERS
INDIAN RIVER COUNTY, FLORIDA
in the presence of:
1
(Seal)
° (Seal)
As to Lessee Lessee
AGRICULTURAL CENTER OF INDIAN RIM COUNTY, INC.
As to Lessor
JUN , 61979
(Seal)
Lessor
Box 40 ?AGE 398
ATTORNEY COLLINS DISCUSSED LOT 13, BLOCK 10, VERO BEACH
ESTATES SUBDIVISION, WHICH IS LOCATED ON THE BEACH IN THE VICINITY OF
FLAMINGO DRIVE AND CYPRESS ROAD, HE EXPLAINED THAT LOT 13 IS PLATTED
AS A LOT BUT DESIGNATED,AS A STREET, AND THE STREET WAS NEVER'PUT IN.
THE CITY OF VERO BEACH PLACED UTILITIES IN THE�AREA DESIGNATED AS A
STREET PURSUANT TO A RESOLUTION PASSED BY THE COUNTY AUTHORIZING STREETS
TO BE USED BY THE CITY FOR UTILITIES. ATTORNEY COLLINS EXPLAINED THAT
COORDINATOR THOMAS NOW HAS RECEIVED SOME INTEREST FROM THE ADJOINING
PROPERTY OWNER WHO WISHES TO PURCHASE LOT 13. HE INFORMED THE BOARD
THAT THE CITY OF VERO BEACH HAS EXPRESSED WILLINGNESS TO RELEASE THEIR
INTEREST IN LOT 13 EXCEPT FOR THE AREA WHERE THEIR UTILITIES ARE PRE-
EXISTING -AND WHERE THEY PLAN TO HAVE FUTURE UTILITIES., HE NOTED THAT
THIS IS BASICALLY A 60' LOT, AND THE CITY IS REQUESTING THAT THE COUNTY
DEED THEM AN EASEMENT OVER THE NORTH 5' AND THE EASTERLY 25' OF THE
WESTERLY 35' OF THIS LOT. THIS WILL CUT OUT MOST OF THE WEST HALF OF
THAT LOT, AND THE ATTORNEY FELT THE ONLY ONE WHO WOULD BE ABLE TO USE
THE PROPERTY WOULD BE THE AbJOINING PROPERTY OWNER ON LOT 14. HE
CONTINUED THAT THE CITY HAS HAD THEIR FIRST PUBLIC HEARING ON AN ORDI-
NANCE TO EXTINGUISH THEIR RIGHTS ON LOT 13 SUBJECT TO THE COUNTY GRANTING
THEM AN EASEMENT AS REQUESTED,
CHAIRMAN WODTKE STATED THAT HE WOULD JUST AS SOON DISPOSE OF
THIS BOTH TO ELIMINATE THE RESPONSIBILITY FOR MAINTENANCE AND ALSO TO
' GET IT ON THE TAX ROLLS.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED THE DEED OF EASEMENTS SUBMITTED BY
THE CITY OF VERO BEACH, AS DESCRIBED ABOVE, AND AUTHORIZED THE SIGNATURE
OF THE CHAIRMAN.
DEED WILL BE MADE PART OF THE MINUTES WHEN FULLY EXECUTED,
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, TO AUTHORIZE THE INTERGOVERNMENTAL COORDINATOR TO TAKE THE NECESSARY
STEPS TO DISPOSE OF COUNTY -OWNED LOT 13. BLOCK 10, VERO BEACH ESTATES
SUBDIVISION.
INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD
THAT THERE ARE 18 OR MORE LOTS SIMILAR TO THE ONE JUST DISCUSSED, WHICH
24
JUaN 61979 BOOK - 40 PAGE399
. '
HAVE NOT BEEN MADE INTO STREETS, AND SOME OF THESE ARE VERY VALUABLE
LOTS. AFTER SOME DISCUSSION, THE CHAIRMAN STATED THAT HE HAD NO
OBJECTION TO THE COORDINATOR PURSUING THIS MATTER FURTHER WITH THE CITY
OF VERO BEACH,
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
ATTORNEY JEROME QUINN CAME BEFORE THE BOARD REPRESENTING
KEITH MARTIN WHO IS REQUESTING ABANDONMENT OF THAT PART OF OLEANDER
AVENUE LYING BETWEEN POINSETTIA BOULEVARD AND ORANGE STREET.
ZONING DIRECTOR WALKER INFORMED THE BOARD THAT HE HAS RESEARCHED
THIS AND WHILE HE HAS FOUND NO PROBLEM WITH ABANDONING THIS ROAD, HE
POINTED OUT THAT WE ARE GOING TO NEED PROPERTY FOR WATER AND SEWER LINES
AND WILL NEED AT LEAST A MINIMUM IO' EASEMENT OR WE WILL BE BLOCKING
OURSELVES OFF.
CHAIRMAN WODTKE DISCUSSED THE MATTER OF ACCESS FOR THE LOTS
ON THE WEST SIDE OF OLEANDER AVENUE, AND COMMISSIONER SIEBERT POINTED
OUT THAT AN ABANDONMENT MUST BE JOINED IN BY ALL ADJACENT PROPERTY
OWNERS, AND THE NOTICE AND ADVERTISEMENT PAID FOR BY THEM.
IN DISCUSSION, IT WAS NOTED THAT THERE ARE TWO OWNERS ON THE
EAST SIDE OF THIS PORTION OF OLEANDER AVENUE AND ONE ON THE WEST SIDE.
IT WAS FELT IF YOU ABANDON ANYTHING, YOU SHOULD ABANDON IT ALL, AND
IT, THEREFORE, WOULD BE NECESSARY TO HAVE THE CONCURRENCE OF ALL THE
PROPERTY OWNERS BORDERING ON THE STREET.
ADMINISTRATOR JENNINGS CONCURRED THAT THE WHOLE THING SHOULD
BE ABANDONED RATHER THAN PART, SUBJECT TO RETAINING A PROPER EASEMENT
FOR PUBLIC UTILITIES TO BE DETERMINED BY THE COUNTY PRIOR TO THE ABANDON-
MENT. HE NOTED THAT THIS IS A VERY DANGEROUS INTERSECTION AND THERE
IS NO NEED FOR IT. THE ADMINISTRATOR WAS OF THE OPINION THAT 15' WOULD
BE A MORE REALISTIC MINIMUM FOR SUCH AN EASEMENT,
ATTORNEY QUINN FELT THAT IS LARGER THAN MOST EASEMENTS NORMALLY
HAVE BEEN, AND THE ADMINISTRATOR AGREED THAT WE HAVE SOME AS SMALL AS
2-1/2' OR 5', BUT THOSE WERE MISTAKES MADE IN THE PAST THAT WE ARE TRYING
NOT TO REPEAT.
25
J U N .61979 BooK 40 PAGE 400
DISCUSSION CONTINUED AS TO ACCESS PROBLEMS, AND ATTORNEY
QUINN FELT, IF THERE ARE ANY ACCESS PROBLEMS, IT WOULD BE MORE APPRO-
PRIATE TO DISCUSS THEM AT A PUBLIC HEARING WHEN THOSE INVOLVED CAN BE
PRESENT.
IT WAS POINTED OUT THAT THE OTHER PROPERTY OWNERS WILL HAVE
TO BE PARTICIPANTS IN THE PUBLIC HEARING AND MAKE THE REQUEST AND
ADVERTISE.
ATTORNEY COLLINS NOTED THAT THE STATUTE ONLY REQUIRES THAT A
NOTICE BE PUBLISHED THAT THE EVENT IS GOING TO TAKE PLACE, BUT THE BOARD
HAS TAKEN THE POSITION THAT ALL PARTIES MUST GIVE THEIR CONSENT FOR
THE VACATION. HE STATED THAT THE BOARD CAN PUT THE BURDEN ON ATTORNEY
QUINN TO OBTAIN THE CONSENT OF ALL PROPERTY OWNERS INVOLVED BEFORE
PLACING THE ADVERTISEMENT.
THE BOARD INSTRUCTED ATTORNEY QUINN TO PROCEED AS SUGGESTED
BY ATTORNEY COLLINS.
ZONING DIRECTOR WALKER INFORMED THE BOARD THAT HE WROTE FLORIDA
POWER AND LIGHT IN REGARD TO THE RELEASE OF EASEMENTS REQUESTED BY
THOMAS F. AND DEANNE J. HARE AND HAS RECEIVED A LETTER FROM THEM STATING
THAT THEY DO NOT OBJECT TO THE EASEMENTS BEING VACATED. HE CONTINUED
THAT SOUTHERN BELL TELEPHONE CO. INDICATED VERBALLY THAT THEY DID NOT
OBJECT, BUT HE HAS NOT RECEIVED ANYTHING FROM THEM IN WRITING,.
COMPIISSIONER LYONS STATED THAT DUE TO THE FACT THAT WE HAVE
PROCEEDED IN THE PAST WITHOUT WRITTEN PERMISSION, HE WOULD FEEL THAT
THE VERBAL APPROVAL SHOULD BE SUFFICIENT.
DISCUSSION FOLLOWED ON THE EASEMENTS TO BE RELEASED.. CHAIRMAN
WODTKE NOTED THIS WAS DISCUSSED AT THE PREVIOUS MEETING, AND HE FELT
IT HAD BEEN AGREED THAT THE BOARD DID NOT WISH TO RELEASE THE REAR LOT
EASEMENTS OF LOTS 5 -AND 6 AND THE EAST SIDE LOT EASEMENTS OF LOTS 6
AND 17,
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER,
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 79-52,. APPROVING
RELEASE OF EASEMENTS IN BLOCK "B", GRANADA GARDENS, UNIT #1, TO THOMAS
E. AND DEANNE J. HARE, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN;
26
JUN 61979 BOOK 0 PAGE40
1
THESE DOCUMENTS TO BE PREPARED AT THE EXPENSE OF THE APPLICANT. THE
EASEMENTS TO BE RELEASED BEING AS FOLLOWS:
THE SIDE AND REAR LOT EASEMENTS OF LOTS 1, 2, 3, 4, 18 & 19;
THE SIDE LOT EASEMENTS OF LOT 5;
THE WEST SIDE LOT EASEMENT OF LOT 6; AND
THE,WEST SIDE AND•REAR LOT EASEMENTS OF LOT 17.
COMMISSIONER SIEBERT DISCUSSED PROCEDURES TO BE FOLLOWED IN
THE FUTURE FOR CONTACTING UTILITY COMPANIES IN REGARD TO RELEASE OF
EASEMENTS, AND -COMMISSIONER LYONS STATED THAT HE IS PUTTING TOGETHER
A STUDY ON THIS AND WILL PRESENT IT AT THE NEXT MEETING.
THE HOUR OF 11:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK
READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO—WIT:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian Inver County, Florida
COUNTY OF INDIAN RfiVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press-Joumal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a —
In the matter of
114 -0
In -the Court, was pub-
lished in said newspaper in the issues of 6, 19 72
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 promiseid any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before me. this u day of A.D.-�
• J, (Business Manager)
(SEAL)
(Clerk of the Circuit
ndian River County, Florida)
27
NOTICE
NOTICE IS HEREBY GIVEN that the Board.
Of County Commissioners of Indian River
County, Florida, will hold a public hearing on
June 6, t979, at 11:00 o'clock A.M. in the County
Commission chambers in the Indian River
County Courthouse to consider the adoption of:
An Ordinance creating the Housing Finance
Authority of Indian River County, Florida;
Providing a declaration of need; providing for
the exercise of all powers authorized by the -
Florida Housing Finance Authority Law;
providing for operations within and without the
County; providing for the issuance of revenue
bonds; providing for the organization of the
Authority; providing for the appointment of
members; providing for the alteration of the
Authority's activities by the Cougfy, providing
severability, inclusion in the.Code and an ef-
fective date.
Board of County Commissioners
oflndian River County, Florida
ey:-s-William C. WodtkeJr., Chairman
May 16,1979.
BOOK 0 PAGE 02
INTERGOVERNMENTAL COORDINATOR THOMAS EXPLAINED THAT WHAT THIS
DOES IS TAKE ADVANTAGE OF THE COUNTY'S POSITION TO ISSUE TAX FREE BONDS,
AND IT REPRESENTS ABOUT A 2% SAVING IN INTEREST TO THE FINAL BORROWER,
WHICH OVER A 30 YEAR PERIOD AMOUNTS TO A SAVING OF MANY THOUSANDS OF
DOLLARS. ALSO THE DOWN PAYMENT AND MONTHLY PAYMENTS BECOME LESS THAN
THE USUAL CONVENTIONAL LOAN. THIS HELPS THOSE WHO CANNOT QUITE QUALIFY
FOR REGULAR LOANS, I.E., THE YOUNG MARRIED COUPLES AND SOME RETIRED
PEOPLE, OR ABOUT 10% OF THE POPULATION. MR. THOMAS NOTED THAT WE HAVE
A NEED IN BOTH AREAS. HE COMMENTED THAT THERE HAS BEEN SOME PUBLICITY
THAT THE FEDERAL GOVERNMENT WANTS TO BLOCK THIS PROGRAM, BUT HE FELT A
COMPROMISE HAS BEEN WORKED OUT AND THOSE WHO HAVE ALREADY STARTED WOULD
BE GRANDFATHERED IN AT ANY RATE.
CHAIRMAN WODTKE ASKED MR. THOMAS TO EXPLAIN HOW THIS PROGRAM
IS CARRIED OUT.
MR. THOMAS STATED THAT THE FIRST THING TO BE DONE, AFTER THE
ORDINANCE IS ADOPTED AND THE DECLARATION OF NEED IS MADE, IS TO SET UP
THE HOUSING FINANCE AUTHORITY, WHICH IS COMPOSED OF FIVE MEMBERS, THREE
OF THESE TO BE FROM THE FIELDS OF FINANCE, LABOR AND COMMERCE. WHEN
THAT IS DONE, THE HOUSING FINANCE AUTHORITY BECOMES ALMOST AUTONOMOUS,
ALTHOUGH THE BOARD OF COUNTY COMMISSIONERS RETAINS THE RIGHT TO REMOVE
ANY MEMBER FROM THE AUTHORITY, MR. THOMAS EXPLAINED THAT THE HOUSING
FINANCE AUTHORITY WOULD BE RESPONSIBLE FOR DAY TO DAY ARRANGEMENTS WITH
THE BONDING COMPANY, AND IT IS ESTIMATED THAT THE ORIGINAL BOND ISSUE
WOULD BE FOR 7 OR 8 MILLION DOLLARS. THE COUNTY HAS NO LIABILITY WHAT-
SOEVER, AND MR. THOMAS INFORMED THE BOARD THAT A GOOD MANY STATS HAVE
HAD THIS PROGRAM FOR QUITE A FEW YEARS AND IT HAS BEEN VERY SUCCESSFUL.
IT IS DESIGNED TO MEET HOUSING. NEEDS AROUND THE $30-$35,000 RANGE. HE
STATED THAT THEY HAVE HAD A STRONG RESPONSE FROM THE FINANCIAL INSTI-
TUTIONS IN INDIAN RIVER COUNTY AND HAVE HAD INTEREST FROM A BANK IN
FORT PIERCE.
CHAIRMAN WODTKE ASKED WHETHER THE.REGULATIONS-AS TO ELIGIBILITY
ARE SET OUT IN THE LEGISLATIVE ACT OR IF THE BOARD.HAS ANY LATITUDE IN
SETTING THE RULES,
28
JUN 61979 BOOK PAGEww
r
COORDINATOR THOMAS INFORMED HIM THAT THE BOARD OF COUNTY
COMMISSIONERS CAN ACTUALLY ACT AS THE HOUSING FINANCE AUTHORITY IF THEY
WISH, BUT IN MOST CASES, IT IS BETTER IF THEY DO NOT. ATTORNEY COLLINS
POINTED OUT THAT THE BOARD DOES HAVE CONTROL OF APPOINTMENTS AND REMOVALS.
CHAIRMAN WODTKE WANTED TO BE SURE THAT THE MONEY IS ONLY MADE
AVAILABLE TO THOSE WHO REALLY NEED IT AND NOT TO SOMEONE WHO WANTS TO
BUILD A $100,000 HOUSE, AND COORDINATOR THOMAS STATED THAT SUCH PEOPLE
WOULD NOT QUALIFY BECAUSE THE BOND COVENANT ELIMINATES THOSE HAVING
OVER 120% OF THE MEDIAN INCOME.
DISCUSSION FOLLOWED ON THE MAKEUP OF THE HOUSING FINANCE
AUTHORITY, AND IT WAS FELT THAT IT WILL REQUIRE PEOPLE WITH EXPERTISE
WHO ARE ABLE TO GIVE A GREAT DEAL OF TIME.
INTERGOVERNMENTAL COORDINATOR THOMAS NOTED THAT HE CANNOT
SERVE ON THE HOUSING FINANCE AUTHORITY, BUT CAN SERVE AS THE ADMINIS-
TRATOR, WHICH HE FELT WOULD TAKE ABOUT 25% OF HIS TIME. HE STATED THAT
MUCH OF THE WORK WILL BE DONE BY THE TRUSTEE BANK, AND IT WILL BE THE
COORDINATORS DUTY TO KEEP THE BOARD ADVISED.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD.
BEN THOMPSON, PRESIDENT OF INDIAN RIVER FEDERAL SAVINGS & LOAN
STRESSED THAT IT IS VERY IMPORTANT TO TAKE INTO CONSIDERATION NOT ONLY
THE INCOME OF THE APPLICANT, BUT THEIR OVERALL FINANCIAL PICTURE AND
THEIR NET WORTH.
ARTHUR WILSON, OF TORONTO AND A TEMPORARY RESIDENT OF THE
COUNTY, FELT THE IDEA OF HAVING A HOUSING FINANCE AUTHORITY IS FIRST
CLASS. HE NOTED THAT THE PRICE RANGE BEING DISCUSSED IS $30435,000,
AND POINTED OUT THAT MOST CONDOMINIUMS NOW ARE IN THE $52,000 RANGE.
HE SUGGESTED THAT THE BOARD HAVE LAND AVAILABLE FOR AN R-2 OPERATION
WHICH WOULD ALLOW DUPLEXES OR TOWNHOUSES TO BE BUILT AT LESS COST.
PETER ROBINSON, VICE PRESIDENT OF LAUREL HOMES, ASKED ABOUT
POINTS, CLOSING COSTS AND INTEREST RATES. THE COORDINATOR FELT 5% WAS
BEING CONSIDERED, BUT IT WAS NOTED THAT THE AUTHORITY ITSELF WILL MAKE
THESE DECISIONS.
29
JUN 61979 Bou 40 FACE 4®4
MR. ROBINSON STATED THAT THIS WOULD BE A GOOD DEAL FOR THEIR
DEVELOPMENT, LAUREL HOMES, WHICH HAS HOMES PRETTY MUCH IN THE RANGE
BEING CONSIDERED, BUT HE FELT THAT THE REAL PROBLEM IS THE LACK OF
UTILITIES BECAUSE IF YOU HAD A GOOD WATER SYSTEM, YOU COULD BUILD
MODERATE PRICED HOUSING. MR, ROBINSON WENT ON TO STATE THAT HE BELIEVED
IF THE BOARD SETS UP THIS AGENCY, THEY WILL BE ADDING FUEL TO THE FIRE
OF INFLATION. PEOPLE WHO INVEST IN THIS, WILL TAKE THEIR MONEY, ON
WHICH THEY ARE NOW PAYING TAXES, OUT OF LOCAL'BANKS AND PUT IT IN THE
TAX FREE BONDS. HE FELT IT ADDITIONALLY WILL INFLATE THE PRICE OF
HOUSING BECAUSE INCREASING BUILDING ACTIVITY WILL ESCALATE THE PRICE OF
CONSTRUCTION MATERIALS, AND IF YOU HAVE A 12% INCREASE IN COSTS, A 2%
SAVING IN INTEREST IS NOT GOING TO HELP ANY. MR. ROBINSON FELT THERE
ARE A LOT OF FACTORS THAT WILL HURT MORE THAN THEY WILL HELP,
COMMISSIONER SIEBERT COMMENTED THAT HE HAS HEARD THIS SAME
THEORY BEFORE, BUT HE FELT THE OFFSETTING ADVANTAGE IS THAT IT STIMU-
LATES BUILDING AND PUTS MORE HOMES ON THE MARKET, CREATES MORE COMPETI-
TION, AND PROBABLY BETTER PROFIT MARGINS.
CHAIRMAN WODTKE NOTED THAT WHETHER WE HAVE THIS PROGRAM OR NOT
YOU ARE GOING TO HAVE AN INCREASE IN THE PRICE OF MATERIAL. HE POINTED
OUT THAT THE PROGRAM IS AIMED AT MAKING HOUSING AVAILABLE TO A GROUP
THAT CANNOT BUY A HOUSE TODAY OR CANNOT BUY IT AT THE 12% INCREASE NEXT
YEAR. HE DID NOT FOLLOW THE RATIONALE THAT IF WE HAVE THE PROGRAM, IT
WILL RUN THE COSTS UP.
ARGUMENT CONTINUED ON THIS SAME POINT, AND MR. ROBINSON FELT
YOU WILL BE HELPING THE INVESTOR RATHER THAN THE HOME BUYER. .
COMMISSIONER LYONS STATED THAT HE FOLLOWED MR. ROBINSON'S
REASONING, BUT FELT IT IS A QUESTION OF MAKING A BALANCE BETWEEN THE
BAD AFFECTS AND THE GOOD -AFFECTS. WE DO HAVE A HOUSING PROBLEM AND
WHAT WE ARE TRYING TO ACCOMPLISH IS TO BE SURE WE DONT LOAN MONEY TO
THE ONES WHO COULD HAVE THE HOUSING BY CONVENTIONAL METHODS,
MR. ROBINSON CONTINUED TO ARGUE THAT THE COUNTY COULD BENEFIT
THE PEOPLE MOST BY PROVIDING UTILITIES SINCE RIGHT NOW THERE IS $2,000
ALLOWED IN EACH HOUSE FOR SEPTIC TANKS, SOFTENERS, WELLS, ETC.
30
JUN' 61979 Boos 40 PAF 405
WILLIAM KOOLAGE, OF 26TH AVENUE, STATED THAT HE FEELS THE
HOUSING FINANCE AUTHORITY IS ONE OF THE TOOLS THE COUNTY NEEDS TO USE
TO IMPROVE THE HOUSING SITUATION WITHIN THE COUNTY, AND HE WOULD URGE
ITS ADOPTION. HE POINTED OUT THAT THERE IS A GREAT DEAL OF BUILDING
GOING ON IN THE NORTH OF THE COUNTY WHERE BOTH LAND AND BUILDING COSTS
ARE CONSIDERABLY CHEAPER; THE COUNTY IS IN THE PROCESS OF DEVELOPING
WATER AND SEWER IN CERTAIN AREAS, AND HE FELT THE HOUSING FINANCE
AUTHORITY WILL SERVE TO FILL A NEED.
COMMISSIONER LYONS ASKED IF 'MR. THOMPSON HAD ANY COMMENT ON
WHETHER HE SEES ANY PROBLEM WITH AVAILABILITY OF MONEY FOR THE MARKET,
MR. THOMPSON STATED THAT ANY TIME YOU HAVE A PROGRAM LIKE
THIS, YOU HAVE MONEY GOING OUT OF THE BANKS AND NATURALLY -THEY DON'T
LIKE TO SEE MONEY GO OUT, BUT HE FELT IF THIS IS SET UP AND ADMINISTERED
PROPERLY IT CAN PROVIDE HOUSING FOR THE SERVICE PEOPLE WHOM WE NEED IN
THIS AREA.
CHAIRMAN WODTKE NOTED THAT IN ESSENCE, THIS PROGRAM WOULD
ALLOW THE BANKING INSTITUTIONS TO MAKE ADDITIONAL'LOANS TO PEOPLE WHO
COULD,NOT HAVE QUALIFIED BEFORE.
MR. THOMPSON AGREED, AND REITERATED THAT HE FELT IF THIS
PROGRAM IS OPERATED PROPERLY, IT CAN BE A BENEFIT TO THE COUNTY.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
' COMMISSIONER LOY FELT THAT, IN VIEW OF THE NEED THAT DOES
EXIST IN THIS COUNTY, THE BOARD IS TAKING A VERY WISE STEP IN TRYING TO
ACCOMMODATE A GROUP OF PEOPLE WHO WILL BE QUALIFIED TO USE THIS PROGRAM.
SHE BELIEVED IT WILL HELP OUR HOUSING PROBLEM.
ON MOTION BY COMMISSLONER Loy, SECONDED BY COMMISSIONER LYONS,
THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 79-17 CREATING A HOUSING FINANCE
AUTHORITY.
DISCUSSION FOLLOWED AS TO APPOINTING THE FIVE MEMBER BOARD
AND HIRING A BONDING HOUSE, AND COMMISSIONER Loy SUGGESTED THAT THE
COORDINATOR AND ATTORNEY COLLINS SUPPLY THE BOARD WITH AN OUTLINE TO
BE -TAKEN UP AT THE NEXT MEETING.
31
JUN 61979
BOOK - 40 PACE 406
ORDINANCE NO. 79-17
ORDINANCE CREATING THE HOUSING FINANCE AUTHORITY OF
INDIAN RIVER COUNTY, FLORIDA; PROVIDING A DECLARATION
OF NEED; PROVIDING FOR THE EXERCISE OF ALL POWERS
AUTHORIZED BY THE FLORIDA HOUSING FINANCE AUTHORITY
LAW; PROVIDING FOR OPERATIONS WITHIN AND WITHOUT THE
COUNTY; PROVIDING FOR THE ISSUANCE OF REVENUE BONDS;
PROVIDING FOR THE ORGANIZATION OF THE AUTHORITY; PRO-
VIDING FOR THE APPOINTMENT OF MEMBERS; PROVIDING FOR
THE ALTERATION OF •THE AUTHORITY'S ACTIVITIES BY THE
COUNTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE
AND AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida enacted the "Florida
Housing Finance Authority Law", codified as Chapter 78-89, Laws of Florida,
(the "Act") during the legislative session held during 1978, in which the Leg-
islature found and declared that:
(1) Within this state there is a shortage of housing
available at prices or rentals which many per-
sons and families can afford and a shortage of
capital for investment in such housing. This
shortage constitutes a threat to the health,
safety, morals, and welfare of the residents of
the state, deprives the state of an adequate tax
base, and causes the state to make excessive ex-
penditures for crime prevention and control,
public health and safety, fire and accident pro-
tection, and other public services and facili-
ties.. 4.
(2) Such shortage cannot be relieved except through
the encouragement of investment by private en-
terprise and the stimulation of construction and
rehabilitation of housing through the use of
public financing.
(3) The financing, acquisition, construction, recon-
struction, and rehabilitation of housing and of
the real and personal property and other facili-
ties 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 func-
tions of public concern; and
M
WHEREAS, the Act authorizes each county in the state to create by ordi-
nance a separate public body corporate and politic to be known as the "Housing
Finance Authority" of the county for which it was created; and
WHEREAS, pursuant to the Act, a housing finance authority may not trans-
act any business or exercise any powers under the Act until the governing body
of the county for which such housing finance authority is created passes a
resolution declaring the need for a housing finance authority to function to
alleviate a shortage of housing and capital for investment in housing in its
area of operation; and
JUN 61979
BOOK • 40 PAGE 407
WHEREAS, the Board of County Commissioners of Indian River County on
January 10�979_ adopted Resolution No. 79-10 declaring, after review-
ing appropriate information, and being aware of the general state of the local
economy and rapidly increasing housing costs and shortages of sufficient low-
cost capital for housing in the County, that there is a need for the Authority
to function,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA:
Section 1. This Ordinance is enacted pursuant to the Florida Housing Fi-
nance Authority Law, Chapter 78-89, Laws .of Florida, a copy of which is
attached hereto and incorporated herein by reference.
Section 2. It is hereby ascertained and found that there are shortages
of housing and of capital for investment in housing in Indian River County,
Florida (the "County"), and declared that there is a need for a housing fi-
nance authority in the County to alleviate and remedy the aforementioned
housing and investment capital shortages.
Section 3. There is hereby created a separate public body corporate and
politic to be known as the Housing Finance Authority of Indian River County,
Florida, referred to.as the "Authority", which is directed to carry out and
exercise, without limitation except as is herein expressly stated, all powers
and public and governmental functioons set forth in and contemplated by the
Act. The Authority shall have the power to make and issue such regulations,
bylaws and rules as it deems necessary to implement its powers and functions.
Section 4. The Authority shall have the power and is hereby directed to
operate within the territorial boundaries of -the County, and within any area
outside the territorial boundaries of the County, if the governing body df the
county within which such outside area is located so approves, either generally
or only for specified qualifying housing developments or only,for a specified
number of qualifying housing developments.
Section 5. The Authority shall be composed of five (5) members, one (1)
of whom shall be designated chairperson. Not less than three (3) of the mem-
bers shall be knowledgeable in one of the following fields: labor, finance or
commerce. The terms of the members shall be four (4) years each,.except that
the terms of the initial members shall be as follows: two (2) members shall
serve a term' of one (1) year; one (1) member shall serve a term of two (2)
years; one (1) member shall serve a term of three (3) years, and one (1) mem-
Ser shall serve a tzrm of four (4) years. A member shall hold office until
JUN 61979
BOOK 40 PA.GF 408
•
his successor has been appointed and has qualified.- Each. vacancy shall be
filled for the remainder of the unexpired term. A certificate of the appoint-
ment or reappointment of any member shall be filed with the Clerk of the Cir-
cuit Court, 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.
Section 6. The powers of the Authority granted by the Act, subject to
the limitations contained herein, shall be vested in the members of the Auth-
ority in office from time to time. Three (3) members shall constitute a quo-
rum,' and action may be taken by the Authority upon a vote of a majority of the
members present. The Authority may employ such agents and employees. The
Authority.may delegate to an agent or employee such powers or duties as it may
deem proper and may employ its own legal counsel.
Section 7. .'The County may, at its sole discretion, and at any time, al-
ter or change the structure, organizations, programs or activities of the Au-
thority, including the power to terminate the Authority, subject to any limi-
tation on the impairment of contracts entered into by the Authority and sub-
ject to the limitations or requirements of the Act.
Section E. If any section, subsection, sentence, clause or provision of
this ordinance is held invalid, the remainder of this ordinance shall not be
affected by such invalidity.
Section 9. It is.the intention of the Board of County Commissioners, and
it is hereby ordained that the provisions of this ordinance shall become and
be made a part of the Code of Indian River County, Florida. The sections of
this ordinance may be renumbered or relettered to accomplish such intention,
and the word "ordinance" may be changed to "section", "article", or other ap-
propriate word.
Section 10. This ordinance shall become effective immediately upon its
adoption.
Adopted this 6thday of June 1979.
s
JUN 61979
BOOK
40 PAGE 409
CHAPTER 78-89
House Bill No. 54
ANACT relating to public financing for housing; creating ti.e
'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 rembers are appointed; prohibiti'hg
members and employees from acquiring or having certain
interests with respect to a qualifying housing development;
,requiring disclosures of interest; providing 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.
Be It Enacted by the Legislature of the State of Floridan
Section 1. Short title. --This act shall be known and way be cited as
the 'Florida Rousing 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 capital for investment in such housing. This shortage
constitutes a threat to the health, safety, morals, and welfare of the
residents of the state, deprives the state of an adequate tax base, and
causes the state to make excessive expenditures for crime prevention and
control, public health, welfare and safety, fire and accident protection,
and other public services and facilities.
(2) Such shortage canrfot be relieved except through the encouragement
of investment by private enterprise and the stimulation of construction
and rehabilitation of housing through the use of public financing.
(3) The financing, acquisition, construction, reconstruction, and
rehabilitation of housing and of the real and personal property and other
facilities necessary, incidental, and appurtenant thereto are exclusively
public uses and purposes for which public money may be spent, advanced,
loaded, or granted and are governmental functions of public concern.
(4) The Congress of the united States has, by the enactment of
amendments 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 governmental unit, the interest on which obligations is exempt
from federal income taxation, and has thereby provided a method to aid
state an.5 local governmental 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 acts
(L' "Area of cF•raticn" means the area within the territorial
bo.noaries of the county for which the t.oc,in3 finance authority is
created, and any area out.^.ide the territorial boundaries of such county
if the governing body of the county,within woich such outside . area is
located appioves. The arproval may be a genera! approval or an approval
only for ,specified qualifying housing developments or only for a
Specified nuaber of qualifying housing developments.
(2) "Bonds" means any bond', 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,
equipment, facility, or other real or personalproperty which may be
necessary, convenient, or desirable 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 to moderate,
middle, or lesser income housing, and also includes site preparation, the
planning of housing and improvements, the acquisition of property, the
removal or demolition of existing structures, the acquisition,
construction, reconstruction, anal 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 services, other expenses.necessary or incident to determining the
feasibility of the housing development, administrative and other expenses
necessary or incident to the housing development and the financing
thereof (including reimbursement 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,
a or other financial institution authorized to transact business in this
state and which customarily provides service or otherwise aids in the
financing of mortgage 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) Ths 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 succeaffUlly
In the normal, private housing market and to pay the amsontd f6t which
Private enterprise is providing, sanitary# ARO dhfc housing,
0.
L
M
],c
O
•(e) •If
appropriate, the standards established for various federal
emPtoyee such Powers or duties as it
Prc^lags determining eligibilitybased on income of such
,r g persons and
y may may deem proper. A housing finance
authorit y em 20 its own legal counsel.
far:lies.
c�
Section 4. Creation,of housing finance authorities.--
in this state may create by ordinance a separate
(3) Until the members of the housing finance authority arc appointed,
the Governing body of the county for which the housing finance authority
is created and the chairman of the housing
full authority
(1) Each county
'Housing
authority shall have
to carry out the Owers of a
under
public body corporate and politic to be known as the Finance
'housing
this act, provided, ho0ever 9 `inarce authority
delegate
Authority' of the county for which it is created, to carryoutonly the
its authority to the chairman c
gas
rcw:rs ecanLed in chis act. A housin finance authorit shall not
under -y is'provisionbodyE%Cepe
provided in this section, no member
transact any business or exercise any powers under this act until the
of the housing finance:autExcept may
be an officer or employee of the
governing bcdy of the county for which such housing finance authority is
county
authority is created. ty for which the housing .finance
o
created passes a resolution declaring the need for a housing financeca
a.t`ority to function to alleviate a shortage of housing and capital for
Section 6. Conflicts of interest; disclosure.
'investment in housing in its area of operation.
of , --::o member or, employee
authority shall ee
(2) In any suit, action, or proceeding involving the validity or
housingct,nfinannce acquire any interest, direct or
qualifying housing development or in
included or tanned
Planned
enforcement of or relatingto an contract of a housingfinance
y
any property
to it included in such a developrent, nor shall he
have any interest, direct
acihorit the housing finance authority shall be conclusive) deemed to
y. g Y y
o: indirect, in any contract or proposed
contract for materials or services
have been established and authorized to transact business and exercise
with an to be furnished or used in connection
housing any
development.
its powers under this act upon proof of the adoption of an ordinance by
efyauthoriting If any r..eaSgr of employee of a
Y owns
the app:epriate governing body declaring the need for the housing finance
indirect, in an
or controls an interest,' direct or
Y property included
authorit :he ordinance shall be sufficient if -it declares the need for
y.
qualif in or -Planned to be included in any
Y g housing project he shall
: such a housing finance authority and finds that there is of
immediately disclose the same in
the housing finance
in housing within its arca of
n its
oerLti geld capital for investmentnancertified
entered utoon authority. Such disclosure shall be
disclose P the minutes of the housing finance
ore:&Lion. A copy o. the ordinance certified by the clerk of the circuit
Copy
authority.- Failure so to
such interest shall constitute
�cojrt shall be admissible in evidence in any suit, action, or proceeding.
misconduct in office.
(3) The county for which the housing finance authority is created
Section 7. Removal
authorit of members. --A member of a housing finance
y may be removed without
sole or e the
at aactivities
cause by a 3/5 vote of the. governing
of the futhe
majority
ofter
structure, cture,s or3anization,onprograms' orany housinggfinance
vote Oody
governing body oflect they misconduct in office by a
a:thority, including the power to terminate such authority, subject to
co A member -ay be
daysremovcdi only- after he has been given a co county.
copy
any lis.£tation on the impairment of contracts entered into by such
o. a charges at least 10
tothehearing thereon and has had
in
4
aut..or£ty geld subject to the limitations or requirements of this act.
person an oPrort.unity to to heard
y counsel. Tf a member is
Section 5. Members, employees;• duties and compensation.--
proceedings, rcroved, a record of the'
and catetofrapp shall
ilednthe officeyofwthe clerk ith the hwhere
the certifies
obe
such member is filed. appointment for
r
(1) Each housing finance authority shall be composed of five members
a Section
ap;o£aced Ly the governing body of the county Lor which the housing
is be designated
8. housing
authority
Y shallPoconstituteahousing
f:na^ce authe:ity created, one of whom shall chairman.
g'.
Public body, orate finance
exercising the
trot less than three of the members shall be knowledgeable in one of the
public and essential governmental functions
and
ance or terms the
set forthinfolll,z'
tall exercise lea power to borrow only for
provided�herein
initialof
stallwbeg4 yearsseach, exceptthatthectermsce. of theymemberslmbersshall
the.purpose as
to as follows: two netters shall serve a term of 1 year; one member
(1)
shall serve a terra of 2 years; one menber shall serve a term of 3 years;
To' aue and be sued, to have &•seal and
pleasure,
art one me -ter shall serve a term of 4 years. A member of the housing
to have perpetual succession, to make and execute r the
to alter the sage at
other instruments
finance a::iho:ity shall hold office until his successor has been
for
necessary contracts and
convenient to the exercise of
finance
ac^oir.:ed an has qualified. Each vacancy- shall be filled the
anrlthLeheOuiinauthority, the powers
y. and to r..ake and from
re^a der of the unexpired term. A certificaeof the appoiytn`nt or
time to time amend
rules, and regulations, not inconsistent
Oct,
reit o:nt-ent of an -ember of the housingfinance -authority shall be
tocarrybylaws,
Y into effect the powers and with this
filed with the Clerk of the Circuit Court of tha county, and the
authority. purposes of the housing finance _
, y-
c,!rtificate shall be conclusive evidence of the due and proper
ar;oint-ent of the member. A sem:er shall receive no compensation for
,
such2)ur To purchase or make commitments to purchase or to
n_s services,, but shall be entitled to necessary expenses, including
acting asse, and to make loans for
of, frc�n Jcnd irg
traveling expenses, incurred n the discharge of his duties.
ptake assignments
_.stituL£ors
g agent of the housing finance'
(2) The Owers of each housingfinance authority ranted b this bet
y g y
authority,
includingloans ardypromissory notes accompanying seep aortgage loans,
mortgage Loans
rhal; be vested in the members of the housing finance authority in office
institutonsdein11suchsured or pazticichtions with lending
promissorynotes
�
f:�_- tine toytir..e. Three members shall constitute a quorum, and action
construction and nortgage .par.'s for the
qualif construction,
, purchase reconstruction, or rehabilitation
co
finance
finance
Proceeds gofousale development of the
or portion thereof;
Of thetainenl-ersihpreesent. authority ma employ such
P 8 Y Y P= :
provided t.a6 : 4•
requivalent
or a uivaleni moneys shall be
loans. 1•• �
a?eats bele! er.;leyccs, permanent or temporary, as it may requite and shall
reinvesEQ4 Iii s.La.,a;e
Ceterziae the qu4lifications, dation, and compensation of such agents and
tel '�
enp1eyees. A housing finance authority may delegate to an agent or
•
NOW ;®ons to Lefxd$fe
eoquLaLflg !� unCas teras and Condi:lora
�9�e thereof CO be used by such lending inatitotior
�i
4
• for the nra%ina of new mcrtgages for any qualifying housing •development,
Or _o:tien thereof, located w•holl ,
1 O;e;zt.on o. such housing Y or oartial.y within the area of
' ` nc finance authorit
Y• Prior to main
1 ndi ins:i:ution which mak 5 a loan to a
s such loans or provides such finar.cin,,
the lending institution mustscree to use the proceeds of suc:1 1n.�n
within a reasonable parted of time to make loans or to otherwise provide
II -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
al:eviating the shortage of housing and of capital for
housing within its area of operation. investment in
(4) :o invest, at the direction of the lending institution, any funds
held in reserves or sinking funds or any funds not required. for immediate
dish= se-ent in property or securities in which lending
legally inveinstitutions may
St funds subject to their control.
Section 9. Limitation. --;;o housing finance authority shall finance
the acc-Isition, construction, reconstruction, or rehabilitation of any
qualifying housing development for its own' profit or as a source of
i revenue to the state or any local governmental unit.
' Section 10. NO power of eminent domain. --:7o 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 purQosos specified in
this act.
ho Sec in 11. Planning, zoning, and building•laws.--Each qualifying
housing development shall be subject to the planning, zoning, health, and
5 , ordinances, and regulations applicable to the place in
which such qualifying housing development is situate.
Section 12. Bonds. --
(1) A housing finance authority nay 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
may deteznA housing
uprovidinanced eth
authority may issue such types of bonds as it
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
authority,
(4) %either the members of a housing finance authority nor any person
executing the bonds shall be liable personally on the bonds by reason of
the hereof. andcGhethereof.
sha'lThe
so state onissued
their face,Jant shallonotthe
beroalJdebt
of the county ,or the state, or any political subdivision thereof; and
neither the ccunty, 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 properties other than those of the houuing
• finance authority.
• S
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 authcrity an
d
may be issued in one or more series and shall bear such dates, -`
a ure at
such times, bear interest at such rates, be in such denominatiors,be inf
such form, either coupon or registered, carry such conversion or
re^_istration privileges, hate such rank or priority, be executed by such
members of the housing finance authority and in such manner, be payable
in such mean of payment at such places, and be subject to such ter=s 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), unlc!s otherwise approved by the State Board of
Administration; provided, that such requirement shall be decr.ed waived if
(i) the State Board of Administration has not recpo:ded in writing within
30 days from the date of ahnlication, 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 Co-ptroller of the Currency
for the investment of funds of national banks; (3) an appropriate
certification and opinion of counsel pursuant to the applicable arbitra3e
reglatiodelinSection lcrInternal
the rnbondst; 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 sa:c of such bords'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 the 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 center
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 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
therefor issued pursuant hereto, any such bond reciting in substance that
it has been issued by the housing finance authority to azzist in
providing financing of a qualifying housing develop:,cnt to alleviate the
shortage of housing in its area of operation shall be conclusively dcesgd
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.
6
(
W
C 7
Co
I
' ' (2) To covenant against pledging or assigning all or
(1) By mandamus, suit, action, or proceeding at law or in egcity, to
compel the housing finance authority and
any part of any
paYa•en s made pursuant to any loan agreement or pursuant to the
any loan
the members, officers,. agents,
or employees thereof to perform each and
sale of
or loan commitment or against permitting or suffering any lien
on such payments; and to
every terra, provision, and
covenant contained in any contract of the housing finance authority with
covenant as to what other, or additional, debts
obligations may be incurred by the
or for the benefit of such obligee and to require the carr
oauthoritut of
re housing finance authority with
respect to any qualifying housing development.
or all of the covenants and agreements of the housing finance y
and the fulfillment
(3)
of all duties imposed upon the housing finance
authority by this act.
To covenant as to.the bonds to be issued and as to the issuance
Of such bonds in escrow or otherwise and as to
(2) ey suit,
the the use and disposition of
thereof;
action, or proceeding in equity, to enjoin any acts of
things be
the replacement
destroyedeorsmutilatedbonds; to covenant against
which may unlawful or the violation of any of the rights of the
obligee by the housing finance
extendingthemefor
the payment of its bonds or interest thereon; and
authority.
to redeem the other
bonds, covenant for their redemption, and provide the terms and
conditions thereof,
Section 18. Additional remedies conferrable by a housing finance
authority. --A housing finance authority shall have power by resolution,
trust indenture, or other
(4) To create or to authorize the creation of special funds for
moneys held for
contract to confer upon any obligee holding or
representing a specified amount in bonds, the sight, in
construction costs, debt service, reserves, or other
purposes; and to covenant as to the
addition to all
rights that may otherwise be conferred, upon the happening of an event of
default
construction and disposition of the
moneys held in such special funds,
as defined in such resolution or instrument, by suit, action,
in of
proceeding any court of competent jurisdiction:
contract withpthecholderribe he any, bywhichthe terms
tof procedure,ny bonds ifof
a
To obtain the appointment of a receiver of any payments made
b
the (1)
amount of the bonds the holders of which must
any loan agreement or sale of any loan. If such receiver be
pursuant appointed, he
consent thereto, and the
manner in which such consent may be given,
, 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
(6) To covenant as to the rights, liabilities, powers, and duties
arising upon the breach
a separate account or accounts and apply the same in
accordance with the obligations of said housing finance authority as the.
by the housing finance authority of any covenant,
condition, or obligation; and
court shall direct.
to covenant and prescribe as to events of
default and terms and conditions upon which any or all of its bonds
obligations
(2) To require the housing finance authority and the
or
shall become or may be declared due before maturity and as to
the terms and conditions
members thereof
to account as if it and they were the trustees of an express trust.
upon which duch declaration and its consequences
'may be waived.
Section 19. Availability of financing. ---As long
(7) To vest in a trustee or trustees
as a shortage of
housing exists, a housing finance authority shall not unreasonably refuse
to participate in
or the holders of bonds or any
proportion of them the right to enforce the
the financing of any qualifying housing development
upon request.
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
Section 20. Liabilities of a housing finance authority. --in no event
the payments made pursuant to any loan agreement or
pursuant to the sale of any loan or loan
shall the liabilities, yhether ex contractu or ex delicto, of a housing
finance authority arising from
commitment and to dispose of
such rights in accordance with the agreement the
the financing of any qualifying housing
development be payable from any funds ocher than
of housing finance
authority with said trustee; to provide for the
the revenues or receipts
of such qualifying housing development.
powers and duties bf a
trustee or trustees and to limit the liabilities.thereof; and to provide
the terms and conditions upon which
Section 21.
the trustee trustees the
holders of bonds or any proportion of them
Housing bonds exempted from taxation. --The bonds of a
housing finance authority issued
may enforce
rce any covenana nt or
tights securing or relating to the bonds,
under this act, together with interest
thereon and income shall be
Section 15. Validation of bonds
.therefrom, exempt from all taxes. The
exemption granted by this section shall not be applicable to any tax
imposed by
and proceedings. --A housing finance
authority shall determine its authority to issue
chapter 220, Florida Statutes, on intecest, income, or profits
on debt obligations owned
any of its bonds, and
the legality of all proceedings had or, taken in
by corporations.
connection therewith, in
the same manner and to the same extent as provided in chapter 75, Florida
Statutes, for the
Section 22. The provisions of this act shall be construed
liberally
determination by a county, municipality, taxing
district, or other political subdivision
in order to effectively carry out the purposes of this act.
of its authority, to incur bonded
debt or to issue certificates of indebtedness and of the legality of all
proceedings had
Section 23. If any provision of this act or the application thereof
or taken in connection therewith.
to any person or circumstance is held invalid, the invalidity shall not'
Section 16. Actions to contest validity of bonds. --An action or
proceeding to
affect other provisions or applications of the act which can be given
effect without the invalid provision or application, and to this end the.
contest the validity of any bond issued under this act,
other than a proceeding
Provisions of this act are declared severable.
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
Section 24. Limitation'on rates. --The intent of this legislation Is
that
authority or the
_ resolution authorizing the issuance of such bond.
consumers receive maximum possible benefits; therefore, no lending
institution
receiving proceeds of bond issues pursuant to this act may
17. Remedies of an obligee of a housing finance authority.--
Section y�
-An obligee
loan any of the proceeds of such bond issue at the rate violative of
of a housing finance authority shall .have the right, in
federal arbitrage regulations,
addition to all other rights which may be conferred
Section 2S.' This act shall take effect Julybs b9i0.
on such obligee,
subject only*to any contractual restrictions binding upon such obligee;
m
ti
a
ATTORNEY STEVE HENDERSON CAME BEFORE THE BOARD REPRESENTING
MR. & MRS. DALES, WHO OWN AN OCEANFRONT ACRE OF LAND IN A SUBDIVIDED
PARCEL CALLED ENOS, WHICH WAS FILED IN BREVARD COUNTY IN THE 1850'S.
HE NOTED THAT THE BOARD HAD REQUESTED THAT HE GO BACK AND GET SURVEYS
OF THE PROPERTY OVERLAID WITH THE PLAT LINES TO SEE HOW THE PLAT WAS
AFFECTING CURRENT PROPERTY, AND THAT HAS BEEN DONE. ATTORNEY HENDERSON
FELT IT MIGHT BEAR REPEATING THAT HE CAN FIND NOTHING OF PUBLIC RECORD
TO INDICATE THAT THIS PLAT AND DEDICATIONS HAVE EVER.BEEN ACCEPTED BY
ANY GOVERNMENTAL AUTHORITY. HE CONTINUED THAT THE -SURVEYOR LINES ARE
NECESSARILY AN ESTIMATE BECAUSE THEY MUST ESTIMATE EROSION FROM 1889,
THEY BELIEVE THAT THE 100' RIGHT-OF-WAY IS NOW LOCATED JUST A FEW FEET
FROM THE HIGH WATER LINE OR WITHIN 100' OF THE COASTAL CONSTRUCTION SET-
BACK LINE, WHICH WOULD MAKE IT UNUSABLE FOR ROAD PURPOSES. THIS IS THE
RIGHT-OF-WAY RUNNING ALONG THE OCEAN, AND THE ONLY OTHER RIGHT-OF-WAY
AFFECTED IS NORTH AVENUE WHICH IS SHOWN ON THE PLAT AS PART FOLIAGE
AND PART PAVED. THE DALES' PROPERTY IS LOCATED IN THE UPPER NORTHWEST
CORNER, AND THEY HAVE JOINED DEERFIELD GROVES, WHO OWNS THE LAND LYING
EAST OF THE BLUFF j.INE, AS A CO -PETITIONER. ATTORNEY HENDERSON STATED
THAT THE PETITIONER ALSO OWNS A 15' STRIP OF LAND RUNNING OCEAN TO
RIVER ALONG THE NORTH BOUNDARY OF GOVERNMENT LOTS 1 AND 2, AND THEY ARE
ALSO SEEKING AN ABANDONMENT OF THAT STRIP.
ATTORNEY COLLINS INFORMED THE BOARD THAT HIS FIRM HAS DONE
SOME RESEARCH, AND HE CANNOT FIND, AT THIS POINT, WHERE ANY GOVERNMENTAL
BODY FORMALLY TOOK ACTION ON THIS PLAT; IT DOES NOT APPEAR OF RECORD.
HE CONTINUED THAT TWO THINGS THE COURTS HAVE INTERPRETED AS ACCEPTANCE
IS THE SALE OF LOTS IN AN ACTUAL DEVELOPMENT IN A PLAT AND USE OF ROADS
WOULD BE ANOTHER. THE MOST IMPORTANT -THING, IN HIS OPINION, IS THAT
THE COURTS HAVE ESTOPPED GOVERNMENTAL BODIES FROM CLAIMING ACCEPTANCE
WHEN THE GOVERNMENTAL BODIES HAVE BEEN TAXING THE PROPERTY AS A WHOLE
AND HAVE NOT SUBTRACTED FROM TAXABLE LAND, THE ROADS, PARKS OR OTHER
DEDICATED LANDS. ATTORNEY COLLINS INFORMED THE BOARD THAT FOR MANY
YEARS THESE TRACTS HAVE ALL BEEN TAXED ON THE ASSESSOR'S'MAPS AS A
WHOLE TRACT. ATTORNEY COLLINS FELT THIS POINT IS CRITICAL SINCE IT
39
JUN. 61979 BOOK 40 PAGE 414
SEEMS PROBABLE THAT IF THE COUNTY HAD ACCEPTED THESE RIGHTS-OF-WAY,
ETC., THEY WOULD NOT HAVE BEEN TAXED OVER THE YEARS. HE CONTINUED THAT
HE IS NOT IN.A POSITION TO SAY THE COUNTY HAS NO INTEREST, BUT THE CASE
LAW HE HAS FOUND IS CONTRARY TO THE COUNTY HAVING ANY INTEREST.
ATTORNEY HENDERSON NOTED THAT WHEN MR. ENOS CONVEYED THE LAND
IN THE 1800'S, HE CONVEYED IT BY METES AND BOUNDS WITHOUT REFERENCE TO
HIS OWN PLAT. HE NOTED THAT THIS CONTINUES TO BE A PROBLEM ON THE RECORD
AS FAR AS CONVEYING MARKETABLE TITLE IS CONCERNED.
COMMISSIONER LOY ASKED IF THERE WAS A CONVEYANCE FROM THE
TRUSTEES OF THE INTERNAL IMPROVEMENT FUND ON THE 15' STRIP, AND MR.
THOMAS STATED THAT THERE WAS AROUND 1950.
ATTORNEY COLLINS NOTED THAT THE STATE OF FLORIDA TOOK THIS
BACK AND SUBSEQUENTLY CONVEYED OUT SO FOR 25 YEARS THAT STRIP HAS BEEN
TAXED AS IF IT WERE NOT DEDICATED.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 79-58 GRANTING THE
VACATION OF THAT PORTION OF THE PLAT OF ENOS AS REQUESTED BY ATTORNEY
HENDERSON AND AS ADVERTISED.
THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 12:10
O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 1:45 O'CLOCK P.M. WITH THE
SAME MEMBERS PRESENT.
RON SINGH OF CONNELL, METCALF & EDDY, CONSULTANTS FOR THE
RENOVATION OF THE HOSPITAL COMPLEX, CAME BEFORE THE BOARD TO REVIEW THE
FINAL SCHEMATIC DESIGNS. HE NOTED THAT THE POINTS RAISED BY THE BOARD
AT THE WORKSHOP MEETING OF MAY -47TH HAVE NOW BEEN TAKEN INTO CQNSIDERA-
TION AND INCORPORATED. MR. SINGH INFORMED THE BOARD THAT THEY HAVE
WORKED WITH THE SCHOOL BOARD AND HAVE RECEIVED APPROVAL OF -THEIR PROPOSED
DESIGN. THEY ARE CLOSING IN THE ELEVATOR LOBBY ON THE *SECOND FLOOR.
THEY ALSO HAVE HAD A MEETING WI-TH A COMMITTEE FROM THE'BAR ASSOCIATION
IN REGARD TO THE COURTHOUSE D SIGN. THIS COMMITTEE WISHED TO HAVE AN
ADDITIONAL BATHROOM FOR EACH .JURY ROOM, WHICH HAS BEEN PROVIDED. THIS
'IS NOT REQUIRED BY CODE, BUT THE COMMITTEE FELT IT WOULD BE.HELPFUL.
-THERE WAS ALSO DISCUSSION REGARDING A WATER FOUNTAIN AND SOUNDPROOFING.
40
JUN 61979 aK4 0 PAGE 415
THIS WILL BE TAKEN CARE OF, AND THEY ARE WORKING ON A DRAWING, TAKING
INTO CONSIDERATION THE RECOMMENDATIONS IN REGARD TO ARRANGEMENTS IN THE
COURTROOMS.
MR. SINGH NOTED THAT THE LAW LIBRARY MAY HAVE TO BE LOCATED
ON THE GROUND FLOOR, AND STATED HE HAS RECEIVED APPROVAL ON THIS CHANGE
IN LOCATION. HE INFORMED THE BOARD THAT HE TODAY HAS A COMPLETE SET
OF SCHEMATIC DESIGN PLANS, AND HE HAS APPROVALS FROM ALL DEPARTMENTS
EXCEPT THE BOARD OF COUNTY COMMISSIONERS.
MR. SINGH EXPLAINED THAT THEY HAVE PREPARED AN ALTERNATE PLAN
FOR THE COUNTY COMMISSION OFFICES, AND HE REVIEWED THE PROPOSED CHANGES.
HE NOTED THAT THEY NOW PROPOSE TO GAIN ADDITIONAL SPACE FOR THE COUNTY
COMMISSION ROOM BY USING PART OF THE OPERATING THEATRES. HE THEN DIS-
CUSSED CHANGES IN THE ROOM FOR THE SECRETARY TO THE BOARD AND THE MOVING
OF BATHROOMS AND CHANGING SPACE FOR THE COUNTY ATTORNEY, MR, SINGH
STATED THAT THEY ARE NOW PROPOSING A CONFERENCE OR WORKSHOP ROOM WHICH
WOULD SEAT ABOUT 20 PEOPLE AND COULD BE USED FOR SMALL MEETINGS. HE
NOTED THEY CAN LOCATE DOOR$, TO MAKE THE COUNTY COMMISSION ROOM ACCESSIBLE
FOR USE BY THE SCHOOL BOARD, AND ARRANGE IT SO THAT THE REMAINDER OF
THE AREA CAN BE LOCKED OFF. HE CONTINUED THAT THE TAX COLLECTOR'S AREA
WAS NOT PREVIOUSLY DETAILED, BUT THEY HAVE NOW DONE THIS AND HAVE GOTTEN
APPROVAL FROM TAX COLLECTOR GENE MORRIS. HE STATED THAT FREDA WRIGHT,
CLERK, HAS APPROVED THE INTERIOR LAYOUT OF HER DEPARTMENT, AND HE WOULD
NOW LIKE THE BOARD TO MAKE A DECISION AS TO WHETHER THEY WISH TO GO
WITH THE ALTERNATE DESIGN JUST DISCUSSED.
COMMISSIONER SIEBERT AND CHAIRMAN WODTKE INDICATED THAT THEY
PREFERRED THE ALTERNATE DESIGN, AND CHAIRMAN WODTKE FELT THE AIR
CONDITIONING FOR THE COUNTY COMMISSION ROOM SHOULD BE SEPARATE SO THAT
IT COULD BE RUN INDEPENDENTLY AS WE DO NOT WANT TO BE CONTINUALLY AIR
CONDITIONING A LARGE ROOM THAT IS EMPTY A GOOD DEAL OF THE TIME.
COMMISSIONER LYONS ASKED IF THE COUNTY COMMISSIONER'S SECRETARY
FOUND THE PROPOSED DESIGN OF HER OFFICE AREA SATISFACTORY, AND SHE DID.
41
JUN ,61979
Boa 40 PAGE 416
CHAIRMAN WODTKE DISCUSSED HAVING SUFFICIENT SPACE FOR THE
MINUTE BOOKS IN THE OFFICE OF THE RECORDING SECRETARY, AND MR. SINCH
STATED THIS HAD BEEN TAKEN INTO CONSIDERATION.
COMMISSIONER LYONS NOTED IT WOULD BE A GOOD IDEA FOR THE
COMMISSIONERS TO HAVE A SPACE LARGE ENOUGH FOR A DESK AND A PLACE TO
MAKE A PHONE CALL, WHICH SPACE COULD BE SHARED AMONG THE BOARD MEMBERS.
CHAIRMAN WODTKE COMMENTED THAT THE ROOM NEXT TO THE COUNTY
ATTORNEY'S OFFICE COULD BE UTILIZED AND FURTHER NOTED THAT THE OFFICE
CALLED THE CHAIRMAN'S OFFICE COULD BE CONSIDERED TO BE THE OFFICE TO
BE UTILIZED BY ALL THE COMMISSIONERS, HE DID NOT BELIEVE WE NEED AN
OFFICE FOR EACH COMMISSIONER, AND THE BOARD AGREED. THE CHAIRMAN
CONTINUED THAT HE WAS CONCERNED ABOUT THE AREA DESIGNATED FOR THE
VISITING NURSE TO GIVE PHYSICALS TO POTENTIAL EMPLOYEES OF THE COUNTY,
WHICH IS DONE.ONLY AS NEEDED, POSSIBLY ONE OR TWO DAYS A WEEK, HE FELT
THAT THE GROUND FLOOR SPACE DESIGNATED FOR THIS PURPOSE IS T00 VALUABLE
LOCATIONWISE FOR THIS PURPOSE. HE REALIZED IT WAS SO DESIGNATED BECAUSE
THERE IS A SMALL RESTROOM.CONNECTED TO IT, BUT FELT POSSIBLY THE
VISITING NURSE COULD HAVE SOME SPACE ON THE THIRD FLOOR OR SOMEWHERE
ELSE,
COMMISSIONER LYONS AGREED THAT THIS IS VALUABLE SPACE.
MR. KONTOULAS NOTED THAT THERE -IS A ROOM NORTH OF THIS NEAR
GENE MORRIS THAT COULD BE UTILIZED BY THE VISITING NURSE.
IN FURTHER DISCUSSION THE BOARD GENERALLY AGREED THAT THEY
LIKED THE ALTERNATE DESIGN.
COMMISSIONER LOY DISCUSSED UTILIZING SPACE ON A MALN CORRIDOR
FOR STORAGE, AND IT WAS NOTED THAT ACTUALLY STORAGE IS A MISNOMER.AND
THE TAX COLLECTOR WILL BE MAKING A GREAT DEAL OF USE OF THIS AREA.
COMMISSIONER,LOY ASKED IF ANYONE CONSULTED WITH BUILDING
DIRECTOR RYMER ABOUT SETTING UP THE_BUILDING DEPARTMENT. ON THE SECOND
FLOOR.
MR. SINGH STATED THAT ONE OF HIS ASSOCIATES MET WITH SOMEONE
FROM THE BUILDING DEPARTMENT, BUT HE PERSONALLY DID .NOT TALK TO ANYONE'
ABOUT THE LAYOUT.
I
42
JUN. 61979 ROOK 40 PACE 417
ASSISTANT ADMINISTRATOR NELSON FELT THE FORMER ASSISTANT
PLANNER BOB BERG DID MOST OF THAT SET UP WHEN IT WAS BEING WORKED ON.
COMMISSIONER Loy COMMENTED THAT SHE HAD.NOT REALIZED IT WAS
PLANNED TO CUT OFF THE CORRIDORS ON THE FIRST FLOOR OF THE COURTHOUSE
AND USE THE CENTER OF THE HALLS FOR STORAGE. SHE WANTED TO BE SURE
EVERYONE WAS AWARE OF THAT.
MR. SINGH FELT THIS HAD BEEN MENTIONED, AND COMMISSIONER
SIEBERT AGREED THAT IT HAD AND FELT THIS WAS GOOD BECAUSE OF THE SECURITY.
MR. SINGH NOTED THAT DOORS WILL BE ACCESSIBLE TO EMPLOYEES FOR EMER-
GENCIES, ETC., BUT IT WILL ELIMINATE PUBLIC ACCESS AT TWO DOORS.
COMMISSIONER Loy CONTINUED TO QUESTION THE PROPOSED LAYOUT
OF THE COURTHOUSE AND HAVING STORAGE ON THE FIRST FLOOR.
MR. $INGH NOTED THAT THEY MADE A STUDY OF ALL FILES, CABINETS,
ETC., AND MRSA WRIGHT PLANS TO USE THIS SPACE TO HAVE EVERYTHING BROUGHT
UP FROM THE BASEMENT AND LEAVE SOME SPACE FOR FUTURE EXPANSION.
IN FURTHER DISCUSSION, IT WAS NOTED THAT THE GENERAL PUBLIC
WILL COME IN THE.FRONT DOOR.AND ONLY NEEDS ACCESS -TO THE CENTRAL AREA.
MR. $INGH AGREED -THAT THEY WILL COME IN AND BE DIRECTED TO
EITHER THE COUNTY COURT, CIRCUIT COURT OR RECORDING FUNCTIONS. HE
REPORTED THAT THE BAR ASSOCIATION MEMBERS RECOMMENDED THAT A ROOM BE
ASSIGNED ON THE GROUND FLOOR FOR SOME KIND OF A FOOD SERVICE AND MRS.
WRIGHT AGREED TO RELEASE A ROOM FOR THIS PURPOSE.
COMMISSIONER LYONS QUESTIONED THE LAW LIBRARY BEING ON THE
FIRST FLOOR, NOTING THAT IT IS SUPERVISED BY JUDGE SMITHS SECRETARY.
MR. $INGH NOTED THAT THEY HAVE PROVIDED ACCESS TO THE LIBRARY
FROM THE PUBLIC DEFENDER'S OFFICE AND POSSIBLY THE PUBLIC DEFENDER'S
SECRETARY MIGHT BE ABLE TO GIVE SOME TIME TO THIS.
.ATTORNEY COLLINS INQUIRED ABOUT AN EXTRA HEARING ROOM. HE
NOTED THAT THE PROBLEM IS THE HEARING ROOMS THAT ARE ON THE PLAN ARE
BASICALLY PRETTY SMALL AND NOT CAPABLE OF HOLDING A NON -JURY TRIAL.
THE SUGGESTION WAS TO TURN THE JUDGES STORE ROOM INTO A HEARING ROOM
SO THAT NON -JURY TRIALS COULD BE'HEARD. THE PROBLEM IS THE INADEQUATE
SIZE OF THE HEARING ROOMS.
43
JUN 61979
BOOK '40 PAGE 1 8
F1
0
MR. SINGH INDICATED A ROOM IN THE PLAN THAT COULD BE USED AS
A SMALL COURT IN THE FUTURE, ATTORNEY COLLINS ASKED IF HE IS RECOM-
MENDING THIS, AND MR. SINGH STATED THAT IF IT CAN BE USED, THEY ARE
RECOMMENDING IT.
MR. KONTOULAS INFORMED THE BOARD THAT HE HAD TALKED TO .JUDGE
CHARLES SMITH, WHO HAD ADVISED HIM THAT THE COUNTY COURT JURY ROOMS
COULD BE USED ON NON -JURY DAYS. THIS WOULD PROVIDE TWO MORE ROOMS.
HE ALSO POINTED OUT THAT REMOVING THE LAW LIBRARY PROVIDES TWO EXTRA
ROOMS,
MR. SINGH EXPLAINED THAT THERE IS NOT MUCH THEY CAN DO ABOUT
THE INADEQUATE SIZE OF THE HEARING ROOMS BECAUSE THE WALLS ARE STRUCTURAL,
ATTORNEY COLLINS INFORMED THE BOARD THAT HE FEELS THIS IS A
CRITICAL MEETING BECAUSE ONCE THE SCHEMATIC DESIGN IS APPROVED, YOU ARE
THEN TALKING ABOUT CHANGE ORDERS.
COMMISSIONER LOY NOTED THAT WE STILL HAVE A PROBLEM WITH
SPACE FOR THE AGRICULTURAL DEPARTMENT BECAUSE THERE DOES NOT SEEM TO
BE ANY FEASIBLE WAY TO MEET -THE EXTENSION DIRECTORS REQUEST. HER
ACTIVITIES AND THE EQUIPMENT SHE NEEDS ARE NOT'REALLY COMPATIBLE WITH
THE NEEDS OF THE MAJORITY OF OUR EMPLOYEES. COMMISSIONER LOY CONTINUED
THAT MRS. WAKEFIELD NEEDS A ROOM THAT WILL HOLD BETWEEN ZO TO SO PEOPLE
AND ALSO REQUIRES KITCHEN EQUIPMENT FOR DEMONSTRATION PURPOSES. SHE
NOW HAS TO SCHEDULE MEETINGS AS MUCH AS A YEAR AND A HALF IN ADVANCE TO
GET WHAT SHE NEEDS. COMMISSIONER LOY COMMENTED THAT MRS, WAKEFIELD'S"
LETTER SUGGESTED THAT UNLESS A MOVE WOULD RESULT IN SOMETHING A LOT
BETTER THAN HER EXISTING SITUATION, IT WOULD NOT BE WORTH IT.
IN DISCUSSION IT WAS NOTED THAT WE ARE PAYING RENT FOR HER
PRESENT SPACE, BUT COMMISSIONER SIEBERT FELT THAT WITH WHAT SHE NEEDS,
IT WOULD NOT BE WORTH THE MONEY WE WOULD HAVE TO SPEND TO GET IT.
COMMISSIONER LOY NOTED THE MAJORITY OF THE EXTENSION AGENT'S
ACTIVITIES ARE AFTER SCHOOL IN THE AFTERNOON AND IN THE EVENING, AND
WE CAN'T KEEP THE WHOLE BUILDING OPEN AND AIR CONDITIONED JUST FOR THAT
PURPOSE. SHE DID NOT.FEEL IT IS COMPATIBLE FOR THE THIRD FLOOR AND
ALSO DID NOT WANT TO DISRUPT THE EMPLOYEES_I LOUNGE LATE IN THE AFTERNOON.
JUN 61979
44
BOOK : 40 PAGE 419
SHE SUGGESTED WE SHOULD LEAVE THINGS AS THEY ARE AND TRY TO MAKE SOME
ARRANGEMENTS WITH SOME OTHER PUBLIC FACILITY; THE JUNIOR HIGH DOES -
HAVE A DEMONSTRATION ROOM. ECONOMICALLY AND FEASIBLY, SHE DID NOT SEE
HOW TO WORK IT OUT IN THE HOSPITAL COMPLEX.
COMMISSIONER LYONS AGREED THAT IF WE GO BACK TO A DOUBLE USE
OF THE EMPLOYEES LOUNGE, WE STILL HAVE THE AIR CONDITIONING AND SECURITY
PROBLEM.
CHAIRMAN WODTKE STATED THAT WHEN WE CONSIDER THE COST OF
UTILITIES AND OPERATIONS, WE SHOULD BUILD IN ALL THE CONTROLS WE CAN AND
NOT AIR CONDITION 5,000' OF SPACE JUSTTOHOLD ONE MEETING. HE FELT
THE DOLLARS WOULD BE BETTER SPENT TO LEASE SOMEWHERE ELSE.
COMMISSIONER LYONS FELT WE MIGHT WANT TO CONSIDER THE POSSI-
BILITY THAT THIS SPACE WOULD NOT ONLY BE USED FOR THE EXTENSION AGENT,
BUT THAT OTHER GROUPS COULD RENT THE SPACE AND POSSIBLY IN THAT WAY WE
COULD AFFORD THE SPACE.
COMMISSIONER SIEBERT WAS OF THE OPINION WE SHOULD CROSS THAT
BRIDGE LATER AND DID NOT FEEL WE CAN HOLD UP THE ENTIRE ADMINISTRATIVE
COMPLEX'FOR THIS ONE PROBLEM. HE FURTHER NOTED THAT IF THE BOARD WISHED
TO MAKE USE OF THE AREA DESIGNATED FOR THE VISITING PURSE, NOW IS THE
TIME TO DECIDE.
CHAIRMAN WODTKE POINTED OUT THAT'THIS WOULD NOT BE CHANGING
ANY PART OF THE CONSTRUCTION, JUST THE USE, AND THIS CAN BE CHANGED
` AS THE NEED ARISES.
CHAIRMAN WODTKE ASKED IF THE BOARD WISHED TO TALK ABOUT THE
SITE DEVELOPMENT PLAN NOW, AND MR. SINGH STATED THAT THEY PRESENTED THIS
AT THE LAST.MEETING AND HAVE NOT MADE ANY CHANGES SINCE THE LAST WORK-
SHOP MEETING.
CHAIRMAN WODTKE ASKED -ABOUT THE PARKING REQUIRED BY CODE, AND
ARCHITECT SCHLITT NOTED THAT THIS IS EXISTING AND YOU DON T HAVE TO
CONFORM, BUT IT DOES HAVE TO CONFORM TO THE NEW LANDSCAPING REQUIREMENTS.
CHAIRMAN WODTKE NOTED THAT WE MUST DISCUSS. THE PROPOSED
CONTRACT WITH CONNELL, METCALF & EDDY, AND ATTORNEY.COLLINS FELT SOME
ACTION SHOULD BE TAKEN APPROVING THE SCHEMATIC DESIGN.
45
JUN 61979 POOK 40 PAGE420
CHAIRMAN WODTKE ASKED IF BY APPROVING THE SCHEMATIC DESIGN
WE ARE EFFECTIVELY APPROVING THE FINAL PLAN FROM THE SCHOOL BOARD.
MR. KONTOULAS INFORMED THE BOARD THAT HE RECEIVED A CALL FROM
SUPERINTENDENT BURNS, WHO HAS WRITTEN THE BOARD A LETTER STATING THAT
THEY HAVE APPROVED THE PLAN SUBMITTED TO THEM BY MR. SINGH.
COMMISSIONER LYONS ASKED IF MR. KONTOULAS HAD ANYTHING TO
RECOMMEND, AND MR. KONTOULAS STATED THAT HE LIKES THE ALTERNATE PLAN
PRESENTED FOR THE COUNTY COMMISSION OFFICES, WHICH IS MORE FLEXIBLE.
HE NOTED THE APPROVAL HAS BEEN RECEIVED FROM ALL OTHER AREAS, AND IT
IS NOW UP TO THE COMMISSIONERS.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED.BY.COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY APPROVED THE SCHEMATIC DESIGN PRESENTED BY
CONNELL, METCALF & EDDY INCORPORATING THE ALTERNATE PROPOSAL FOR THE
COUNTY COMMISSION OFFICES.
ATTORNEY COLLINS INFORMED THE BOARD THAT WE HAVE BEEN PROVIDED
WITH A CONTRACT FORM, SOME OF WHICH WILL HAVE TO BE CHANGED, AND HE
HOPED THAT BY THE NEXT MEETING THE BOARD MIGHT GIVE FINAL APPROVAL.
THE ATTORNEY STATED THAT THERE ARE A LOT OF BIG HURDLES THAT HAVE TO BE
OVERCOME, AND HE WOULD SUGGEST DISCUSSION OF SUCH THINGS AS THE PERCENT-
AGE THAT IS GOING TO BE CHARGED, COST PLUS OR "NOT TO EXCEED," ETC.
HE ALSO FELT THAT THERE SHOULD BE SOME DISCUSSION AS TO WHAT THE PRO-
POSED COSTS OF CONSTRUCTION ARE NOW. HE FELT IF THE BOARD COULD NAIL
DOWN THE BIG DOLLAR FIGURES, THAT ADMINISTRATIVELY A CONTRACT COULD
BE WORKED OUT.
CHAIRMAN WODTKE INQUIRED IF MR. SINGH FELT THE ALTERNATE DESIGN
FOR THE COUNTY COMMISSION ROOMS WILL MAKE A SUBSTANTIAL CHANGE IN THE
COSTS, AND HE DID NOT FEEL THAT IT WOULD.
CHAIRMAN WODTKE NOTED THAT THEIR ESTIMATED CONSTRUCTION COST
WORKS OUT AT APPROXIMATELY $21.00 PER SQ. FT. FOR THE HOSPITAL COMPLEX
AND $8.70 FOR THE COURTHOUSE. HE NOTED THAT HE FAILED TO ASK HOW THE
FINAL SCHEMATIC DESIGN PROVIDED FOR SERVICING THE SCHOOL BOARD WITH
UTILITIES VERSUS THE -OTHER PART OF THE BUILDING.
46
JUN • 61,979 800K f
r
MR. SINGH STATED THAT THIS WILL BE WORKED OUT IN THE WORKING
DRAWINGS DEPENDING ON YOUR GOALS AND OBJECTIVES, AND THE UTILITIES.CAN
BE METERED SEPARATELY FOR THE SCHOOL BOARD,
CHAIRMAN WODTKE FELT WE HAD ESTABLISHED THE FACT THAT THEY
WILL BE. HE ASKED IF MR, SINGH IS SAYING NO MATTER HOW THIS IS WORKED
OUT, IT WILL NOT MAKE ANY DIFFERENCE IN THE PRICE, AND MR. SINGH
CONCURRED.
ATTORNEY COLLINS FELT SOME OF THE PARAGRAPHS WILL HAVE TO BE
REWRITTEN ESTABLISHING RESPONSIBILITY ON THE PART OF THE ARCHITECT.
MR. KONTOULAS ASKED TO BE ALLOWED TO COMMENT. HE NOTED THAT
THE WAY THIS PROPOSAL IS WRITTEN WE ARE ASSUMING THAT BOTH PROJECTS
WILL BE UNDER ONE CONTRACT, AND HE CAN SEE SOME FAULTS IN THAT. FOR
EXAMPLE, AS REGARDS DEMOLITION, THE HOSPITAL BUILDING, OF COURSE, IS
EMPTY, BUT IF THIS SUBCONTRACTOR IS UNDER THIS SAME CONTRACT, HE WOULD
HAVE TO WAIT A YEAR OR BETTER TO GET INTO THE COURTHOUSE AND DO HIS
DEMOLITION. MR. KONTOULAS DID NOT FEEL ANY GENERAL CONTRACTOR WILL
HOLD A SUB FOR A YEAR AND A HALF TO COMPLETE A CONTRACT AND WAS OF THE
OPINION THERE REALLY SHOULD BE TWO CONTRACTS BECAUSE OF THE TIME ELEMENT
INVOLVED.
COMMISSIONER LOY AGREED.
MR. KIRSCH, PROJECT PRINCIPAL FOR CONNELL, METCALF & EDDY,
STATED THAT YOU CAN SET UP A WORK SCHEDULE THROUGH THE PROJECT SO THAT
A CONTRACTOR KNOWS WHEN HE IS CALLED FOR, AND, THEREFORE, HE IS NOT
DELAYED IN HIS CONTRACT. HE FELT IT WOULD BE UNNECESSARY TO HAVE TWO
CONTRACTS AND MORE EXPENSIVE TO WRITE THEM UP. MR. KIRSCH FELT -THIS
WOULD REQUIRE A FURTHER WORKSHOP MEETING.
COMMISSIONER LOY ASKED IF HE BELIEVED HE COULD GET A BID TODAY
FROM SOMEONE WHO ISN'T GOING TO-DO ANY WORK UNTIL NINE MONTHS OR MORE
FROM NOW, AND MR. KIRSCH STATED THAT HE DID.
DISCUSSION CONTINUED ON THIS MATTER, AND THE CHAIRMAN STATED
THAT -HE WILL SET UP A DATE FOR A WORKSHOP.
CARL WEGENER CAME BEFORE THE BOARD REPRESENTING THE ROCKRIDGE
PROPERTY OWNERS ASSOCIATION AND CLAIMED THAT ALTHOUGH PEOPLE SAY THAT
ROCKRIDGE ALWAYS HAS HAD A BAD DRAINAGE SITUATION, ANY FLOOD THEY EVER
47
JUN ,61979
sotJ40 f
J
HAD WAS MAN MADE. THE FIRST ONE, SOME 15 YEARS AGO, IN THE DITCH ON
3RD COURT WAS CAUSED BY A PIPE THAT DIDN`T LET THE WATER PASS THROUGH,
AND ADMINISTRATOR JENNINGS CORRECTED THAT BY REMOVING THE PIPE AND
PUTTING IN A BRIDGE. NEXT FAIRLANE HARBOR WAS DEVELOPED AND CLOSED
THE BY-PASS BETWEEN ROCKRIDGE BLVD, AND THE 3RD AVENUE CANAL, WHICH IS
THEIR MAIN DRAINAGE. HE NOTED THAT THEY FOUGHT BITTERLY AGAINST THIS
BY-PASS BUT WERE OVERRULED. MR. WEGENER CONTINUED THAT THE DITCH ON
ROCKRIDGE BLVD. HASN'T BEEN CLEANED OUT IN 10 YEARS, AND IT IS SO OVER-
GROWN THAT YOU CAN'T GET ANY WATER THROUGH IT. HE PRESENTED PICTURES.
FOR THE BOARD TO REVIEW. ON TOP OF ALL THIS, THEY NOW HAVE THE 17TH
STREET BRIDGE CONSTRUCTION, WHICH IS APPROXIMATELY A MILE OF FOUR -LANE
HIGHWAY WITH PASS THROUGHS AND CROSS OVERS, ALL OF WHICH DRAINS INTO
THE DITCH THEY.HAD TROUBLE KEEPING CLEAR BEFORE. ADDITIONALLY A
SHOPPING CENTER WAS BUILT AND THERE ARE 15 ACRES OF ASPHALT PARKING
AND ROOF AREA DRAINING INTO THEIR DITCH. MR.WEGENER STATED THAT THEY
NEED RELIEF FROM THIS SITUATION NOW AND HAVE WRITTEN THE DOT, BUT THEIR
ONLY ANSWER WAS THEY THEY ARE GOING TO DO A STUDY.- HE DISPLAYED A
PIECE OF WIRE MESH SIMILAR 'TO THAT CLOGGING UP THE DITCH, WHICH THE DOT
HAS REFUSED TO REMOVE. MR. WEGENER INFORMED THE BOARD THAT 39 PEOPLE
OR MORE, MANY OF THEM OLD LADIES, HAD WATER ON THEIR FLOORS AND IT COST
THEM $200 TO $500 FOR REPAIRS. THEY ARE ASKING FOR THE BOARDS HELP.
CHAIRMAN WODTKE NOTED THAT EVERYONE IS AWARE THAT THE DITCH
• IS A DOT DITCH AND THE DOT IS A STATE AGENCY WITH WHOM THE COUNTY
GOVERNMENT WORKS VERY CLOSELY. HE STATED THAT THE PEOPLE HAVE BROUGHT
THEIR COMPLAINT TO THE RIGHT PLACE. THE CHAIRMAN THEN DISCUSSED THE'
DEBRIS IN THE DITCH AND FELT THE ASSOCIATION COULD ASSIST WITH THIS BY
KEEPING YARD CUTTINGS, ETC., OUT OF THE DITCH. HE,NOTED THAT SINCE
IT IS NOT A COUNTY DITCH, WE CANNOT GO IN AND CLEAN IT. HE THEN ASKED
THAT THE ADMINISTRATOR INFORM THE PEOPLE WHAT THE COUNTY HAS DONE IN
TRYING TO SOLVE THIS IN CONJUNCTION WITH THE DOT.
ADMINISTRATOR JENNINGS•STATED THAT HE AGREES IN PRINCIPLE
WITH EVERYTHING MR, WEGENER HAS SAID, AND MANY OF THESE THINGS ARE BACKED
UP BY INFORMATION IN HIS FILES. THE ADMINISTRATOR CONTINUED THAT IN
48
JUN 61979 BOGK 40 imE
I�
1967 WHEN THE COUNTY REMOVED THE CULVERT AT 3RD AND PUT IN THE BRIDGE,
THEY RAN A PROFILE OF THE 16TH AVENUE DITCH THAT BELONGS TO THE DOT,
AND HE WAS OF THE OPINION THAT IF THAT DITCH HAD BEEN OPEN AND A GOOD
CLEAN DITCH, WITH WHAT MR. WEGENER POINTED OUT ABOUT THE ENVIRONMENTAL
MESH SCREEN, THERE WOULD HAVE BEEN MORE FLOODING BECAUSE THE WATER WOULD
HAVE COME DOWN FASTER AND IT COULD NOT GET THROUGH. HE AGREED THAT
THIS, HOWEVER, IS NO REASON FOR NOT CLEANING THE DITCH. THE ADMINIS-
TRATOR STATED THAT HE HAS CALLED THE DOT ABOUT THE COMPLAINTS OF THE
ROCKRIDGE PROPERTY OWNERS ASSOCIATION'AND TALKED WITH MR. SCHINDLER,
THE DRAINAGE ENGINEER WHO HAS BEEN WITH THE DOT FOR MANY YEARS, AND IT
APPEARS THAT THERE ARE SOME 12 TO 15 OUTLETS IN ROCKRIDGE THAT GO INTO
THE DITCH THAT WERE NEVER AUTHORIZED. APPARENTLY THE DEVELOPER JUST
PUT THEM IN WITHOUT GETTING ANY PERMITS. IT WAS COMMENTED BY THE DOT
AT ONE TIME, THAT IF THE WATER EVER BACKED UP, THEY WOULD BLOCK THOSE
UNAUTHORIZED OUTLETS, ALTHOUGH THEY HAVE NOT DONE THIS.
ADMINISTRATOR .JENNINGS CONTINUED THAT THE DOT DID RUN THE
WATER AROUND AND INTO WHAT IS REFERRED TO AS THE OUTFALL DITCH. THAT
DITCH AGAIN WAS CUT AROUND BY THE DEVELOPER, AND THE DOT HAS ALREADY
POINTED OUT THAT IF THE LAND WAS EVER DEVELOPED TO THE SOUTH, WHERE THE
MOBILE HOME PARK IS NOW, THAT THE DITCH WOULD HAVE TO BE ENLARGED.
THE ADMINISTRATOR STATED -THAT HE HAS LATELY BEEN INFORMED THAT SOME OF
THIS DITCH IS ON PRIVATE PROPERTY AND SOME HAS BEEN FILLED IN. HE
THEN EXPLAINED HOW THE DOT AND EVERYONE ELSE MUST GO THROUGH SET PRO-.
CEDURES WITH DER, ETC., AND WHEN THEY ARE TOLD THEY MUST PUT IN A CERTAIN
METAL SCREEN TO KEEP WASTE MATERIAL FROM GETTING INTO THE RIVER, THEY
HONOR THAT. THE ADMINISTRATOR NOTED THAT IF ANYONE HAS A SOLUTION TO
OFFER HIM, HE WOULD BE GLAD TO HEAR IT. HE SUGGESTED THAT WE ASK FOR
•A WORKSHOP MEETING INCLUDING THE COUNTY CONSULTING ENGINEERS, ONE OR
ALL OF THE COMMISSIONERS, REPRESENTATIVES FROM THE CITY OF VERO BEACH,
REPRESENTATIVES FROM THE DOT DRAINAGE DEPARTMENT, FROM THE DEPARTMENT
OF ENVIRONMENTAL REGULATION, ETC. HE FELT IN THIS WAY WE CAN SIT DOWN
AND FIND OUT WHAT CAN BE DONE TO REMEDY THIS SITUATION AND PREVENT IT
FROM HAPPENING IN THE FUTURE. THE ADMINISTRATOR FURTHER NOTED THAT THIS
49
JUN., 61979
Boa 40 FAGE42t
1
COUNTY HAS AN ALLOCATION OF SEWER AND WATER FOR APPLICANTS PLANNING
DEVELOPMENT IN THIS AREA, AND IF ALL THE DEVELOPMENT MATERIALIZES,THAT
IS BEING PLANNED, THE SITUATION UNDOUBTEDLY WILL GET WORSE. HE THEN
DISTRIBUTED A PAGE SETTING OUT ALL THE PERMITS REQUIRED FROM GOVERN-
MENTAL REGULATORY AGENCIES FOR MULTI=FAMILY AND COMMERCIAL DEVELOPMENT,
AS FOLLOWS:
May 30, 1979
PERMITS REQUIRED
MULTIFAMILY AND COMMERCIAL
Subject to permits being obtained from all required
Governmental Regulatory Agencies including the following:
LOCAL
1. Site plan
2. Utility franchise, if necessary
3. Utility construction permit for utilities
4. Zoning permit
5. Building permit
REGULATORY AGENCIES •
l.. Department of Environmental Regulation
a. Drainage review and possible permit
b. Wastewater (sewage) permit, both collection and treatment
c. Water supply, both treatment and distribution
d. Bulkhead, docks, etc.'
2.
Department of Transportation
a.
Connection to any D.O.T. road
b.
Connection to any D.O.T. drainage ditch
c.
Any construction within right-of-way
3.
St.
Johns River Water Management District
a.
Water withdrawal, such as water supply well
b.
Drainage into the State owned waters
c.
Bulkhead, docks, etc.
4.
Corps of Engineers
a.
Drainage - Sometimes drainage permits are required when
project is _on or adjacent to the river or other navigable
waters
b.
Bulkhead, docks, etc.
5.
Florida Health and Rehabilitation Services
a.'
Septic tank
b.
Domestic.water supply well
50
JUN 61979 awx 411 iwVS
THE ADMINISTRATOR FELT THE COUNTY SHOULD INSTIGATE A COMPLETE
DRAINAGE STUDY SOUTH OF ROCKRIDGE AND EAST OF U.S. 1 TO THE INDIAN
RIVER SO WE CAN HAVE A TIGHT CONTROL ON WHAT IS BUILT IN THIS AREA
BECAUSE EVERY .TIME YOU BUILD A PARKING LOT OR MORE ROOF TOP, YOU
ELIMINATE SOME PERCOLATION AREA. HE NOTED, HOWEVER, THAT ALL THIS
WILL TAKE BOTH TIME AND MONEY.
MR. IIEGENER INQUIRED ABOUT THE 3RD AVENUE BY-PASS, WHICH IS
STORM DRAINAGE AND SHOULD BE CLEANED IMMEDIATELY. HE FELT.YOU WOULDN'T
NEED A PERMIT FOR THIS.
ADMINISTRATOR .JENNINGS NOTED THAT WHEN MR. WEGENER TALKS ABOUT
GOING INTO THAT BY-PASS, DIGGING IT OUT, AND ENLARGING IT, HE IS TALKING
ABOUT PRIVATE PROPERTY, AND THE COUNTY DOESN'T OWN ONE FOOT OF IT.
MR.-'WEGENER FELT THE CITY OF VERO BEACH MIGHT, BUT THE ADMINIS-
TRATOR DIDN,T BELIEVE SO.
DISCUSSION CONTINUED ON WHO IS CAUSING THE PROBLEM - WHY THE
DOT HAS NOT CLEANED THE DITCH - CUTTING OFF OF THE OVERFLOW FROM THE
SHOPPING CENTER' WHO GAVE�PERMISSION FOR THE PEOPLE TO USE THE DITCH -
WHY AN ENVIRONMENTAL STUDY WAS NOT DONE, ETC., ETC, IT WAS NOTED THAT
THE BOARD CANNOT SOLVE THE PROBLEM THIS AFTERNOON.
COMMISSIONER LYONS NOTED THAT THIS IS A COMPLICATED AND CUM-
BERSOME PROBLEM, BUT HE•POINTED OUT THAT THE ADMINISTRATOR IS FAMILIAR
WITH WORKING WITH THE MAZE OF AGENCIES AND PEOPLE INVOLVED IN THIS AND
` HE FELT THAT THE ADMINISTRATOR HAS MADE A WORTHWHILE SUGGESTION THAT
SHOULD BE FOLLOWED.
IN FURTHER DISCUSSION, THE BOARD AGREED THAT THE ADMINISTRATOR`S
SUGGESTION SHOULD BE FOLLOWED UP ON AS QUICKLY AS POSSIBLE SINCE UNTIL
WE CAN GET ALL THE PARTIES CONCERNED INVOLVED, NO SOLUTION.CAN BE
REACHED.
MR. WEGENER INFORMED THE BOARD THAT IN ADDITION TO THE OTHER
PROBLEMS MENTIONED, THE DITCH FROM THE PRESENT INDIAN RIVER BLVD. UP
TO THE EDGE OF THE RIVER IS VERY SHALLOW AND OVERGROWN.
ADMINISTRATOR JENNINGS EXPLAINED THAT THE DOT IS AWARE OF
THAT. THEY ARE ONLY PERMITTED TO OPEN THAT DITCH TO A CERTAIN POINT,
51
JUN 61979
I
AND THEN IT IS SPREAD OUT THROUGH THE MARSH; IT CANNOT BE OPENED ALL
THE WAY TO THE RIVER. THAT IS WHY -THEY SAID IF THAT LAND WAS EVER
DEVELOPED, OTHER PROVISIONS WOULD HAVE TO BE MADE.
MR. WEGENER NOTED THAT THE AREA WAS DEVELOPED TEN YEARS AGO
AND NOTHING HAS BEEN DONE.
MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER Loy, TO AUTHORIZE THE ADMINISTRATOR TO PROCEED TO SET UP A WORK-
SHOP SESSION, INCLUDING ALL THE AGENCIES LISTED IN HIS MEMO OF MAY 30TH
AND ANY OTHER AGENCIES THAT MIGHT BE APPROPRIATE, TOGETHER WITH COOPERA-
TION FROM A SMALL COMMITTEE FROM THE ROCKRIDGE PROPERTY OWNERS ASSOCIA-
TION; AND THAT THE PLAN OF ACTION, AT LEAST FOR THE TIME BEING, IS TO
DETERMINE WHAT CAN BE DONE IMMEDIATELY TO ALLEVIATE EXISTING CONDITIONS
AND TO COME UP WITH A LONG RANGE SOLUTION FOR THE ENTIRE AREA SOUTH OF
ROCKRIDGE AND EAST OF U. S. I TO THE INDIAN RIVER.
THE ADMINISTRATOR NOTED THAT IT IS IMPORTANT TO INCLUDE THE
CITY OF VERO BEACH, AS WELL AS A PRIVATE PROPERTY OWNER ON WHOSE PROPERTY
THE DITCH MAY BE. HE DID NOT BELIEVE WE COULD AUTHORIZE ANY MONEY FOR
ENGINEERING AT THIS POINT; BUT AGREED THAT THAT IT IS MOST IMPORTANT TO
GET EVERYONE TOGETHER TO COME UP WITH A SOLUTION.
IN DISCUSSING THE AREA INVOLVED, IT FELT IT SHOULD INCLUDE
THE AREA DOWN TO WHERE 6TH AVENUE INTERSECTS U. S. 1.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
CHAIRMAN WODTKE INSTRUCTED BOARD SECRETARY ELIZABETH FORLANI
TO WRITE THE ROCKRIDGE PROPERTY OWNERS ASSOCIATION AND REQUEST THEM TO
APPOINT TWO INDIVIDUALS TO WORK WITH THE COUNTY AND COORDINATE THIS
EFFORT.
COMMUNITY DEVELOPMENT DIRECTOR REGAN REPORTED TO THE BOARD
,. THAT HE HAS BEEN MOVING FORWARD WITH.THE SECTION H AND RURAL HOUSING
ASSISTANCE PROGRAMS. HE STATED THAT OUR APPLICATION FOR SECTION S"AND
THE REVISED ADMINISTRATIVE BUDGET HAS GONE TO HUD, AND THEY ARE STILL
DISCUSSING SOME LINE ITEMS, BUT'THERE IS"'NO QUESTION BUT THAT WE ARE
GETTING THE FUNDS. WHEN WE HAVE THE FUNDS AND BECOME OPERATIVE, THIS
PROGRAM WILL SERVE 120 FAMILIES, OR ROUGHLY 481 INDIVIDUALS.
52
JUN 61979 Book
r
MR. REGAN CONTINUED THAT THEY HAVE SENT IN THE APPLICATION
ON THE SECOND PROGRAM, RURAL HOUSING LAND ACQUISITION, WITH A RESOLUTION
APPROVING A REQUEST FOR $400,000, AND MS. .JUDY TRUETT OF THE DEPARTMENT
'OF COMMUNITY AFFIARS YESTERDAY ASSURED HIM THAT THE COUNTY IS GOING TO
GET THE $400,000 AND SHE WILL SEND OUT A LETTER OF CONFIRMATION. HE
STATED THAT HE ALSO HAS BEEN IN TOUCH WITH MR. HOBERG OF FMHA, AND 502
FUNDS ARE STILL AVAILABLE WITH A GOOD CHANCE OF SOME 515 FUNDS TO BUILD
MULTI -FAMILY. HUD ADVISES THAT THE NEXT ALLOCATION OF SECTION S FUNDS
WILL BE AVAILABLE IN .JANUARY, AND MR. REGAN FELT THERE IS NO POINT IN
MAKING APPLICATION NOW, BUT RATHER IN NOVEMBER WHEN WE ARE MAKINGi OUR
COMMUNITY DEVELOPMENT APPLICATION, AT WHICH TIME WE SHOULD HAVE THE LAND
TO UTILIZE AND THE POSSIBILITY OF FMHA FUNDS. MR, REGAN STATED THAT
BEN THOMPSON, PRESIDENT OF INDIAN RIVER FEDERAL SAVINGS & LOAN, HAS
BROUGHT TO HIS ATTENTION.THAT THE FEDERAL HOME LOAN BANK IN ATLANTA HAS
SOME FUNDS AVAILABLE AT LOWER THAN MARKET•RATES FOR DEVELOPMENT OF LOW
AND MODERATE INCOME HOUSING - ABOUT 1-1/2% LESS THAN THE CONVENTIONAL
LOANS.
MR. THOMPSON INFORMED THE BOARD THAT ROBERT WARWICK, A FORMER
COUNTY RESIDENT, HEADS THIS PROGRAM FOR THE FEDERAL HOME LOAN BANK, AND
FELT IT WOULD BE WORTHWHILE TO SET UP A MEETING, WITH MR. WARWICK. HE
STATED THAT THEY WOULD LIKE TO WORK ON THESE THINGS JOINTLY WITH THE
BOARD.
THE CHAIRMAN REQUESTED THAT HE BE ADVISED WHEN MR. WARWICK
WILL BE AVAILABLE FOR A MEETING.
COMMISSIONER SIEBERT INFORMED THE BOARD THAT IT HAS BEEN
BROUGHT TO HIS ATTENTION THAT AN APPEAL HAS BEEN MADE BY ATTORNEY
KILBRIDE, ON BEHALF OF FRANK LORC, REGARDING THE APPLICATION FOR SITE
PLAN APPROVAL FOR TROPIC GROVE, INC. HE FELT THAT THIS MATTER NEEDS
TO BE DISCUSSED BETWEEN THE BOARD AND THE ATTORNEY AS TO THE APPROPRI-
ATENESS OF THE APPEAL AND ALSO TO CORRECT SOME POSSIBLE ERRORS IN OUR
ORDINANCE AND CLARIFY IN OUR MINDS EXACTLY WHAT THOSE ORDINANCES SAY,
AND HE WOULD LIKE TO BRING IT UP UNDER HIS ITEMS, COMMISSIONER SIEBERT
COMMENTED THAT THIS WAS PRESENTED TO HIM ONLY YESTERDAY AND HE DOES NOT
INTEND.TO MAKE A HABIT OF BRINGING UP ITEMS NOT PRESENTED IN THE TIME
FRAME SET BY BOARD POLICY.
V
JUN 61979
53
COMMISSIONER SIEBERT CONTINUED THAT HE WOULD LIKE TO ADDRESS
THIS MATTER BECAUSE IF IT IS AN APPROPRIATE APPEAL, HE FELT UNDER.OUR
ORDINANCES WE ARE REQUIRED TO SET A PUBLIC HEARING DATE. COMMISSIONER
SIEBERT. THEN READ FROM THE INDIAN RIVER COUNTY CODE OF LAWS AND ORDI-
NANCES, SECTION 23 (I) SITE PLAN APPROVAL PROCEDURE, AS FOLLOWS:
"........ANY APPLICANT FOR SITE PLAN APPROVAL, OR ANY OTHER PERSON HAVING
ANY L GAL INTEREST THEREIN, MAY FILE AN APPEAL TO THE BOARD OF COUNTY
COMMISSIONERS TO REVIEW THE ACTION OF THE COMMISSION IN ALLOWING OR DIS-
ALLOWING SUCH APPLICATION FOR SITE PLAN APPROVAL..." HE STATED THAT
THE QUESTION WAS WHETHER OR NOT THE APPEAL AS FILED BY ATTORNEY KILBRIDE
FOR MR. ZORC IS APPROPRIATE. HE FELT THE KEY WORDS ARE "THE APPLICANT
OR ANY OTHER PERSON HAVING ANY LEGAL INTEREST THEREIN. If
ATTORNEY COLLINS INFORMED THE BOARD THAT HIS FIRM PREVIOUSLY
RESPONDED IN WRITING TO -MOST OF THE ISSUES THAT HAVE COME UP OVER THIS
PARTICULAR MATTER, AND WHILE HE DOES NOT BELIEVE THAT WHAT IS FILED DOES
NOT HAVE SOME MERIT, WHAT WE ARE TALKING ABOUT IS THE RIGHT TO APPEAL.
HE CONTINUED THAT HIS INTERPRETATION OF THE ORDINANCE IS THAT THE LEGAL
INTERE4T IS MEANT PRIMARILY TO BE THE UNDERLYING OWNERS OF THE PROPERTY
AND THAT IT COULD BE EXTENDED TO INCLUDE SOMEONE WHO WOULD BE DIRECTLY
DAMAGED, I.E. AN ABUTTING OWNER. HE DID NOT FEEL THE INTENT OF THE
ORDINANCE WAS TO GIVE ANYONE THE RIGHT TO•APPEAL JUST BECAUSE THEY DON T
LIKE SOMEONE IS SITE PLAN.
COMMISSIONER LYONS FELT IT WOULD BE THE INTENT OF THE ORDINANCE
TO PROTECT THE COUNTY AND ITS CITIZENS. HE.WAS OF THE OPINION THAT
THIS IS A SITE PLAN WHICH IS FAULTY; IT SETS UP A SITUATION WHICH IS
CONTRARY TO OUR LAW, I.E. THE SETBACKS ARE INCORRECT AND WHEN THE
DEVELOPER GOES TO GET A BUILDING PERMIT, SOME BUILDINGS WOULD NOT CONFORM
WITH THE COUNTY ORDINANCE. WE, THEREFORE, HAVE A.SITUATION WHICH IS
INCONSISTENT WITH OUR PRACTICE, AND HOW DO WE CORRECT IT?
ATTORNEY COLLINS NOTED THAT UNFORTUNATELY OUR ORDINANCE DOES
NOT HELP US ANY. HE STATED THAT IF THE BOARD WISHED TO OVERRULE HIS
JUDGMENT AS TO LEGAL INTEREST, THEY CAN INTERPRET IT .AS THEY WISH AND
SET UP A HEARING DATE FOR AN APPEAL TO THE COUNTY COMMISSION. HE
JUN 61979
54
BooK 40 PAGE 429
I
CONTINUED THAT HE DID NOT THINK THE PARTIES CONCERNED NECESSARILY
CONSIDERED ALL OF THE ORDINANCE CONCERNING THE SETBACKS, BUT AGREED
WE DO HAVE AN INCONSISTENCY IN OUR ORDINANCE AND IT IS NOT CLEAR WHETHER
THIS PARTICULAR PROPERTY IS CONSIDERED SIDE YARD OR FRONT YARD.
COMMISSIONER LYONS FELT YOU MUST LOOK AT THE INTENT OF THE
SETBACK, WHICH WAS PRIMARILY AN AESTHETIC MATTER, AND NOTED THAT THE
SAME CONDITIONS EXIST NO MATTER HOW LONG THE LOT IS WHEN YOU LOOK AT
IT FROM THE SIDE.
CHAIRMAN WODTKE FELT THE FIRST PROBLEM TO ADDRESS IS WHETHER
OR NOT WE HAVE A LEGAL APPEAL. AFTER WE ASCERTAIN THAT, THEN WE CAN
GO BACK AND ADDRESS ANY PROBLEM WE MAY HAVE WITH THE SITE PLAN.
COMMISSIONER LYONS STATED HIS FIRST PRIORITY IS- THAT HE FEELS
WE HAVE A DEFECTIVE SITE PLAN WE NEED TO DETERMINE HOW TO GET CORRECTED.
ATTORNEY COLLINS STATED THAT HIS PROBLEM IS IN THE INTERPRETA-
TION OF THE LEGAL INTEREST, AND IN HIS OPINION SOMEONE WHO HAS NO LEGAL
CONNECTION WITH THE PROJECT AND IS NOT IMPAIRED BY THE PROJECT IS NOT
A PERSON MEETING THE TERMINOLOGY OF THE ORDINANCE;
COMMISSIONER SIEBERT AGREED WITH THAT AND WAS ALSO CONCERNED
WITH SETTING A PRECEDENT WHICH WOULD ALLOW AN APPEAL TO BE MADE ON
EVERY SITE PLAN BY SOMEONE WHO DOESNIT HAPPEN TO LIKE IT.
DISCUSSION CONTINUED, AND THE CHAIRMAN ASKED IF WE CAN ADDRESS
A SITE PLAN THAT HAS BEEN APPROVED IN ANY WAY OTHER THAN THROUGH AN
APPEAL.
ATTORNEY COLLINS DID NOT SEE ANY OTHER AVENUE TO APPROACH
THIS THAN THROUGH THE APPEAL PROCESS. HE NOTED IF THE APPLICANT WERE
TO AGREE TO IT, THERE WOULD BE NO PROBLEM,
COMMISSIONER SIEBERT STATED THAT*HE TRULY BELIEVED THAT IN
THIS CASE, THE APPLICANT HAS TRIED HIS VERY BEST TO CONFORM TO WHAT HE
WAS TOLD HE WOULD HAVE TO DO. HE STATED THAT HE WOULD RATHER NOT GO
THROUGH THE FORMAL APPEAL ROUTE AND BELIEVED THAT THE APPLICANT WOULD
PREFER THE PROBLEM TO BE HEARD AND RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS. °
55
JUN 6 1979
BOOK ' � PAGE 430
COMMISSIONER LOY NOTED THAT THE ATTORNEY IS SAYING THAT THE
BOARD HAS NO AUTHORITY ON THEIR OWN TO MAKE ANY INQUIRIES OF AN APPROVED
SITE PLAN, AND ATTORNEY COLLINS AGREED THAT THE $ITE PLAN ORDINANCE
DOES NOT SET THIS OUT. BASICALLY IT IS A FINAL DETERMINATION ON A
ZONING LEVEL, AND IT IS POSSIBLE THE BOARD MAY WISH TO CHANGE THIS.
COMMISSIONER SOY FELT IT WOULD BE VERY DANGEROUS FOR THE
BOARD TO LET ANYONE MAKE THEM GO THROUGH THE APPEAL PROCEDURE IF WE FELT
THEY DID NOT HAVE THE PROPER LEGAL INTEREST. SHE AGREED THAT IT MAY
BE NECESSARY TO REDO SOME OF OUR RULES AND REGULATIONS, BUT, AT THIS -
TIME, SHE FAVORED GOING ALONG WITH THE OPINION RENDERED BY THE ATTORNEY
THAT THIS APPEAL DOES NOT HAVE A LEGAL INTEREST, AND HOPEFULLY SOMEONE
WILL VOLUNTEER TO TAKE ANOTHER LOOK AT AREAS IN THE SITE PLAN THAT DO
NOT APPEAR TO BE CONSISTENT.
CHAIRMAN WODTKE ASKED IF WE SHOULD HAVE ANYTHING IN OUR
MINUTES ONE WAY OR THE OTHER ABOUT THE REQUEST FOR AN APPEAL.
ATTORNEY COLLINS STATED THAT HE HAS RENDERED AN OPINION
THROUGH ATTORNEY CALVIN BROWN, WHICH HE HAS APPROVED. IT CAN EITHER
BE LEFT ON THAT BASIS, OR IF THE COMMISSION WANTS TO, THEY CAN MAKE
THEIR OWN DETERMINATION AS TO WHAT THEY THINK 11 LEGAL INTEREST" MEANS,
COMMISSIONER SIEBERT STATED THAT HE WOULD LIKE SOME ASSURANCE
THAT WE ARE GOING TO BE ABLE TO HEAR THE SITE PLAN.
COMMISSIONER SOY DID NOT FEEL HE COULD GET SUCH AN ASSURANCE
AND LIVE WITHIN OUR PRESENT RULES. SHE FELT WE ARE JUST WRONG AND
WILL HAVE TO CHANGE THE RULES SO THAT WON'T HAPPEN AGAIN.
COMMISSIONER $IEBERT NOTED THAT THE DEVELOPER, WHO IS PRESENT,
CAN AGREE TO HAVE US HEAR THE SITE PLAN, AND COMMISSIONER LOY AGREED
BUT POINTED OUT THAT IT WAS STATED THIS DISCUSSION WAS GOING TO BE KEPT
JUST AMONG THE BOARD MEMBERS AND THE ATTORNEY.
COMMISSIONER $IEBERT CONTINUED THAT IF THE ONLY AVENUE WE NOW
HAVE -TO HEAR THE SITE PLAN IS TO UPHOLD THE APPEAL, EVEN THOUGH HE.DOES
NOT WANT TO GO THAT ROUTE, HE WILL VOTE TO HEAR THE APPEAL.
CHAIRMAN WODTKE STATED THAT HE COULD NOT BE ANY.PART OF MAKING
A DECISION WHICH, IN HIS OPINION, IS AN ILLEGAL DECISION FOR HIM TO
56
JUN , 0 197e BOOK 4JU PAGE 4jX
MAKE TO TRY TO GET TO THE OTHER PROBLEM HE FELT WE SHOULD NOT MAKE
A SECOND MISTAKE TO TRY TO GO BACK TO CORRECT THE FIRST MISTAKE, AND
SINCE WE NOW HAVE NO WAY TO GO BACK AND ADDRESS AN EXISTING SITE PLAN,
WE WILL HAVE TO SET UP BETTER PROCEDURES.
COMMISSIONER LOY STATED THAT SHE WILL TAKE HER CHANCES THAT
WE HAVE A DEVELOPER WHO GENUINELY WANTS TO DO WHAT IS RIGHT, AND IF
THAT TURNS OUT NOT TO BE THE CASE, SHE WOULD BE IN FAVOR OF HAVING SOME
KIND OF A MORATORIUM UNTIL WE CAN GET THESE MATTERS STRAIGHTENED OUT.
DISCUSSION CONTINUED ON THE SAME THEME, AND COMMISSIONER
DEESON ASKED IF SOMEONE ON THE BOARD OR ADMINISTRATIVE STAFF COULDNIT
TALK TO THE DEVELOPER TO SEE THAT THE PROBLEMS ARE AMENDED, HE STATED
THAT HE WOULD MUCH RATHER DO THAT INITIALLY THAN AGREE TO HEAR THE
APPEAL AT THIS POINT.
COMMISSIONER LYONS ASKED IF WE COULD TABLE THIS APPEAL UNTIL
THE NEXT MEETING AND STILL MEET THE TIME REQUIREMENT. ATTORNEY COLLINS
INFORMED HIM THAT THERE IS NO TIME REQUIREMENT.
COMMISSIONER SIEBERT FELT IT WOULD BE SATISFACTORY TO DEFER
THE MATTER AND POSSIBLY THE DEVELOPER WILL COME IN AND SAY HE IS WILLING
TO HAVE THE BOARD HEAR THIS.
CHAIRMAN WODTKE INSTRUCTED THAT THIS MATTER BE PUT ON THE
AGENDA OF THE NEXT MEETING FOR FURTHER DISCUSSION.
ATTORNEY KILBRIDE ASKED TO SPEAK AND WAS INFORMED THAT IT WOULD
• NOT BE APPROPRIATE AT THIS TIME.
ATTORNEY COLLINS STATED THAT AT SOME POINT IN TIME, WE WILL
HAVE A FINAL DRAFT OF THE ORDINANCE CREATING THE NORTH COUNTY FIRE
DISTRICT, AND HE ANTICIPATED THAT IT WILL BE REVIEWED BY ALL PARTIES
CONCERNED AND EITHER ACCEPTED OR REJECTED. ASSUMING THAT IT IS ACCEPTED,
HE WOULD LIKE TO HAVE AUTHORIZATION TO MOVE AHEAD,
ON MOTION BY COMMISSIONER DEESON, SECONDED BY*COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO ADVERTISE A
PUBLIC HEARING ON ESTABLISHING.A (NORTH COUNTY FIRE DISTRICT.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED.BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY APPROVED.OUT-OF-COUNTY TRAVEL FOR COMMUNITY
57
JUN 61979 8oOK 40 PAcE432
s
DEVELOPMENT DIRECTOR ED REGAN TO ATTEND A WORKSHOP ON PLANNING AND
ADMINISTERING A COMMUNITY DEVELOPMENT BLOCK GRANT REHABILITATION PROGRAM
IN TALLAHASSEE ON .JUNE 12, 13 AND 14, 1979.
COMMUNITY DEVELOPMENT DIRECTOR REGAN REPORTED TO THE BOARD
IN REGARD TO THE ACQUISITION OF LAND TO BE DEVELOPED UNDER THE RURAL
HOUSING LAND ACQUISITION PROGRAM, HE STATED THAT HE ENVISIONS TWO
PROJECTS BECAUSE THE FUNDS COMING IN ARE MULTIPLES OF $200,000 A PIECE,
AND EACH MULTIPLE MUST BE ONE CONTIGUOUS PROJECT. HE ANTICIPATED SINGLE
FAMILY ON ONE PROJECT AND MULTI -FAMILY ON THE OTHER, ESTIMATING APPROXI-
MATELY 40 SINGLE FAMILY HOMES AND MULTI --FAMILY UNITS FOR POSSIBLY 150
FAMILIES. HE FELT WE SHOULD BE ABLE TO SERVICE SOMETHING OVER 631
PERSONS IN THE TWO PROJECTS. MR. REGAN INFORMED THE BOARD THAT HE NEEDS
A RESERVATION OF WATER TAPS FOR THESE PROJECTS BECAUSE WITHOUT WATER,
THE PROJECT WILL NEVER GO FORWARD. A RESERVATION FOR SEWERAGE ALSO
WILL BE NEEDED, AND HE INFORMED THE BOARD THAT HE HAS PREVIOUSLY SENT
A MEMO TO OUR ENGINEERS ADVISING THEM ABOUT THE NEED FOR SEWERAGE
CAPACITY. MR. REGAN CONTINUED THAT IN LOOKING AT SITES, HE HAS LEARNED
THE COUNTY OWNS SUBSTANTIAL -LAND AND POSSIBLY SOME OF THIS COULD BE
PURCHASED FROM THE COUNTY. HE ALSO DISCUSSED THE POSSIBILITY OF GETTING
A GIFT OF LAND.
CHAIRMAN WODTKE BELIEVED WE HAVE SUFFICIENT TAPS AND SUFFICIENT
CAPACITY TO TAKE CARE OF THE ANTICIPATED DEVELOPMENT WHICH HE HOPED
WILL MATERIALIZE, BUT HE DID NOT FEEL WE SHOULD RESERVE 200 TAPS FOR
THE* COUNTY OR ANYONE ELSE, ESPECIALLY FOR SOMETHING WHICH POSSIBLY MIGHT
NEVER DEVELOP. HE THEN DISCUSSED THE $ZOO TAP -IN FEE AND WHETHER IT.
WOULD COME OUT OF THOSE FUNDS.
COMMISSIONER LYONS FELT THE COMMUNITY DEVELOPMENT DIRECTOR
MAINLY WISRES.TO KNOW WHETHER OR NOT THE BOARD IS STILC`l*l `''FAVOR OF THIS
PROJECT AND WHETHER, WHEN THE TIME COMES, WE WOULD BE IN FAVOR OF
ALLOCATING TAPS TO SUCH A PROJECT. HE SUGGESTED WE CAN JUST INDICATE
WE ARE IN FAVOR OF THE PROJECT AND IN FAVOR OF PROVIDING TAPS WHEN THEY
ARE NEEDED, AND THE BOARD AGREED.'
ASSISTANT ADMINISTRATOR NEIL NELSON CAME BEFORE THE BOARD TO
REPORT THE BID COMMITTEE'S RECOMMENDATION FOR AWARDING THE BID FOR TWO
58
JUN 61979 soot 40 FAGS 433
1979 ECONOMY TYPE PICKUP TRUCKS. HE INFORMED THE BOARD THAT THEY SENT
OUT EIGHT BID INVITATIONS AND ONLY RECEIVED ONE BID FROM BARRIE REED'S
AUTO PLAZA FOR TWO DATSUN PICKUPS, PROMISING IMMEDIATE DELIVERY. HE
NOTED THAT ON THE STATE BID LIST, THE PRICE IS SLIGHTLY LOWER BUT THERE
IS NO GUARANTY OF DELIVERY. HE FURTHER NOTED THAT THE AUTO DEALERS ARE
SELLING A LOT OF SMALL TRUCKS AND DID NOT WANT TO BE COMMITTED TO A
PRICE, WHICH IS WHY ONLY ONE BID WAS RECEIVED. THE BID COMMITTEE,
THEREFORE, RECOMMENDS THE BID OF BARRIE REED'S AUTO PLAZA BE ACCEPTED.
MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER DEESON, TO ACCEPT THE BID OF BARRIE REED'S AUTO PLAZA, FORT
PIERCE, FOR TWO 1979 ECONOMY (DATSUN) PICKUP TRUCKS, AS BEING THE LOWEST
AND BEST BID MEETING SPECIFICATIONS, IN THE AMOUNT OF $4,647.00 EACH.
MR. NELSON INFORMED THE BOARD THAT A WAREHOUSE NOW HAS BEEN
ESTABLISHED AT THE HOSPITAL COMPLEX AND DAILY TRIPS ARE BEING MADE USING
A ROAD AND BRIDGE VEHICLE. HE FELT THAT WE COULD ORDER A THIRD VEHICLE
.SIMILAR TO THOSE JUST BID ON FOR THE USE OF THE MATERIAL MANAGEMENT
DIRECTOR AND THE WAREHOUSE DN THE SAME BID LIST WITHOUT GOING OUT FOR
ANOTHER BID. THIS,CAN BE DONE ON A CONTINUING CONTRACT. HE STATED
THIS IS BUDGETED FOR AND HE WOULD LIKE AUTHORIZATION TO ORDER A THIRD
VEHICLE..
THE CHAIRMAN DISCUSSED BIDDING PROCEDURES AND HOW THE LEGALITY
OF THE BID IS DETERMINED, AND ATTORNEY COLLINS STATED THAT THE BID
COMMITTEE HAS THE OBLIGATION OF DETERMINING THE LEGAL NOTICE IS IN ORDER
AND HE DOES NOT GET INVOLVED UNLESS A LEGAL QUESTION ARISES,
THE CHAIRMAN ASKED HOW WE KNOW WE ARE GETTING A GOOD°BID WHEN
WE ONLY RECEIVE ONE OUT OF EIGHT REQUESTED, AND MR. NELSON EXPLAINED
THAT IT WAS CHECKED AGAINST THE STATE -BID LIST.
CHAIRMAN WODTKE STATED THAT HE WOULD BE CONCERNED ABOUT ADVER-
TISING FOR BIDS ON TWO CARS AND THEN PURCHASING THREE INSTEAD OF TWO.
COMMISSIONER LOY ASKED IF WE COULD ACCEPT THE BID FOR THE TWO
AND THEN AUTHORIZE PURCHASING ANOTHER ONE AT THE SAME PRICE.
ATTORNEY COLLINS NOTED THAT THIS IS NOT THE TYPE OF PURCHASE
THAT ACTUALLY REQUIRES BIDDING AT ALL, BUT HE FELT IF YOU GIVE NOTICE
59
JUN 61979 BOOK 40 PACE 434
I
AS TO TWO, YOU WOULD BE BOUND TO TWO, HE STATED THAT THE BOARD MAY
PURCHASE ANOTHER TRUCK IF THEY DESIRE.
DISCUSSION CONTINUED AS TO BID PROCEDURES, BID SPECIFICATIONS,
ETC.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON. AND
CARRIED UNANIMOUSLY.
THE BID TABULATION IS HEREBY MADE A PART OF THE MINUTES.
BOARD OF COUNTY COMMISSIONERS
2145 -14th Avenue
Vero Beach, Florida 32960
BID TABULATION
w
Q v
s ti
� w
BID NO. IRC_J,
DATE OF OPENING
Lay 24, 191�9
BID TITLE
1979 9 Economy Pickup Truck
ITEM
NO. DESCRIPTION
UNIT PRICE
UNIT PRICE
UNIT Pi
1. Two Trucks
4,64
00
(Each
2. Days required for delivery
1
i
CERTIFIED K CORRECT BID PRICE.
?SIL NELSON
Chairman, Bid Committee
ON MOTION MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE PURCHASE OF AN ECONOMY
TYPE PICKUP TRUCK FOR THE MATERIAL MANAGEMENT DIRECTOR WITHOUT THE BID
PROCESS, AS LONG AS THIS TRUCK CAN BE PURCHASED FOR THE SAME PRICE AS
THE TWO JUST PURCHASED.
60
JUN 61979 800K ® PAGF435
1
COMMISSIONER SIEBERT FELT THE BOARD SHOULD BE INFORMED WHEN
ANY EXTRA PURCHASES ARE MADE ON A CONTINUING CONTRACT, AND THE ASSISTANT
ADMINISTRATOR AGREED.
CHAIRMAN WODTKE MADE NOTE THAT WHEN THESE CARS ARE RECEIVED,
THEY MUST BE PUT ON THE COUNTY'S INSURANCE POLICY IMMEDIATELY.
ADMINISTRATOR .JENNINGS REQUESTED THAT THREE EMERGENCY ITEMS
BE ADDED TO TODAY IS AGENDA.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY ADDED THREE EMERGENCY ITEMS TO THE AGENDA
AS REQUESTED BY THE ADMINISTRATOR.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAS A LETTER
FROM THE SHERIFF'S OFFICE STATING THAT OF THE $4,000 BUDGETED FOR THE
.JAIL GROUNDS, APPROXIMATELY $3,300 REMAINS ON HAND, AND THEY ARE RE -
QUESTING THESE MONIES BE USED FOR BLACK TOPPING THE PORTION OF THE
PARKING AREA BETWEEN THE .JAIL AND THE AMBULANCE SQUAD IN FRONT OF THE
CIVIL DEFENSE OFFICE. THE ADMINISTRATOR STATED THAT THE AREA THEY ARE
TALKING ABOUT DOES NOT INTERFERE IN ANY WAY WITH THE EASEMENT INVOLVING
ST. FRANCIS MANOR. HE CONTINUED THAT THIS BLACKTOPPING CAN BE DONE
UNDER OUR COUNTY CONTRACT.
COMMISSIONER SIEBERT STATED THAT HE WOULD VOTE IN FAVOR OF
THIS BUT DID NOT FEEL IT SHOULD HAVE BEEN .AN EMERGENCY ITEM.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO CARRY OUT
THE BLACK TOPPING OF THE PORTION OF THE PARKING AREA BY THE JAIL RE-
QUESTED BY SHERIFF .JOYCE.
ADMINISTRATOR .JENNINGS NEXT INFORMED THE BOARD THAT HE RECEIVED
YESTERDAY A LETTER FROM LEWIS GREENE, DIRECTOR OF PUBLIC WORKS FOR THE
CITY OF VERO BEACH, REQUESTING THE USE OF OUR PULVIMIXER ON THE ADDITION
TO CRESTLAWN CEMETERY AND STATING THAT THEY URGENTLY NEEDED IT TO START
WORK TODAY. THE ADMINISTRATOR NOTED THAT THEY HAD THIS ALL SET UP,
AND IF WE DIDN'T LET THEM USE IT,.IT WOULD HAVE THROWN THEIR WHOLE
PROJECT OFF SO HE INSTRUCTED THE ROAD & BRIDGE SUPERVISOR TO TAKE THE
PULVIMIXER OVER TO THEM.
61
JUN 61979 BooK 40 PAGF6
L
m
ON LOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LYONS,_THE BOARD UNANIMOUSLY GRANTED THE REQUEST OF THE CITY OF VERO
BEACH FOR USE OF OUR PULVIMIXER AND INSTRUCTED THE ADMINISTRATOR TO
WRITE LEWIS GREENE, CITY OF VERO BEACH PUBLIC WORKS DIRECTOR, THAT
REQUESTS OF THIS NATURE MUST BE MADE IN A TIMELY MANNER TO BE SUBMITTED
TO THE BOARD IN ADVANCE.
CHAIRMAN WODTKE STATED THAT HE MUST WRITE THE CITY OF VERO
BEACH ABOUT THE $4,100 ALLOWANCE FOR CLEARING THE ABANDONED RUNWAY AT
THE AIRPORT. THEIR MINUTES SEEM TO INDICATE THAT THE COUNTY WILL CLEAR
17 ACRES FOR $4,100, AND HE FELT THIS NEEDS TO BE CLARIFIED.
ADMINISTRATOR ,,JENNINGS STATED THAT HE HAS CHECKED THE AREA
TO BE CLEARED AND FELT THAT WE CAN DO THE WORK, BUT NOTED THAT WE DID
NOT SET UP THE $4,100 FIGURE. HE FELT POSSIBLY THE AIRPORT DIRECTOR
ESTIMATED IT ON HIS OWN,
ADMINISTRATOR JENNINGS THEN NOTED AT A RECENT MEETING THE
BOARD INSTRUCTED HIM TO GET A COMPLETE SURVEY OF THE EASEMENT INVOLVING
ST. FRANCIS MANOR AND THE 'JAIL PROPERTY. HE STATED THAT HE CONTACTED
PETE MUSICK, THE MAN WHO'HAD DONE THE PREVIOUS SURVEY AND WENT OVER
THIS MATTER WITH HIM. HE EXPLAINED THAT MR. MUSICK COULD NOT DO THIS
SURVEY BEFORE A MONTH OR SIX WEEKS BECAUSE OF OTHER COMMITMENTS. THE
ADMINISTRATOR CONTINUED.THAT MR. MUSICK CALLED HIM AND RELATED THAT
FRANK ZORC HAD INFORMED HIM HE COULD GET SOMEONE TO DO THE SURVEY THE
NEXT DAY, AND MR. MUSICK TOLD MR. ZORC THAT HE WOULD CANCEL HIS ARRANGE-
MENT WITH THE COUNTY IF THAT WAS WHAT THE BOARD DESIRED. ADMINISTRATOR
J ENNINGS STATED THAT HE IS PERFECTLY WILLING TO CANCEL THE ARRANGEMENTS
MADE WITH MR. MUSICK AND TRY TO GET THIS DONE IN A SHORTER TIME,.BUT
THAT HE WISHED THE BOARD TO KNOW THAT THESE MEN ARE BUSY AND THE REASON
HE SELECTED MR. MUSICK WAS BECAUSE HE HAD THE BACKGROUND INFORMATION.
COMMISSIONER LYONS FELT THAT IF MR. MUSICK IS GOING TO DO
THIS IN A REASONABLE PERIOD OF TIME, HE SHOULD BE THE ONE TO DO IT.
IN FURTHER DISCUSSION, IT WAS FELT THAT SINCE MR. MUSICK HAD
ALL THE BACKGROUND INFORMATION, HE COULD DO IT FASTER THAN ANYONE AND
THAT THE ARRANGEMENT SHOULD BE LEFT AS IT IS.
JUN,, 61979
62
BOOK 40PAGE 437
L_:�
COMMISSIONER SIEBERT NOTED THAT ATTORNEY COLLINS HAS SENT THE
BOARD A MEMO IN REGARD TO CERTAIN POLICIES TO BE FOLLOWED IN REGARD
TO NOTICE OF ALL COUNTY GOVERNMENTAL MEETINGS, AS FOLLOWS:
I would suggest that all County Governmental meetings that are -
subject to the Sunshine law be noticed as follows:
a. On all regularly scheduled meetings, follow the
existing procedure the County presently has implemented.
b. On all meetings called upon short notice, which I
define to be four days or less, the County follow the
existing procedure plus, County personnel telephone each
of the major news media organizations with offices in the
County, notifying them of the meeting.
In summary, if the above procedures are followed, the sun
will shine and there should be no cause for complaint.
' Since ely,
Q��i
GEOR " G. OLEINS, JR.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 7.9-53 ESTABLISHING THE
PROCEDURES RECOMMENDED BY THE ATTORNEY AS ABOVE.
SAID RESOLUTION WILL BE MADE APART OF THE MINUTES WHEN
COMPLETED AND RECEIVED.
COMMISSIONER LYONS REQUESTED THAT AN ITEM BE INCLUDED ON THE
AGENDA OF THE NEXT MEETING IN REGARD TO EXTENDING THE SIDEWALK ON 6TH
AVENUE.
COMMISSIONER SIEBERT INFORMED THE BOARD THAT HE WOULD LIKE TO
RECOMMEND THAT DOROTHY HUDSON BE APPOINTED TO THE BOARD OF ZONING ADJUST-
MENT. HE NOTED THAT SHE DOES NOT RESIDE IN DISTRICT 5, BUT SHE WORKS
FULL TIME AS STAFF COUNSEL WITH THE MOORINGS DEVELOPMENT COMPANY WHICH
IS IN DISTRICT 5 AND IS VITALLY INTERESTED IN ZONING. COMMISSIONER
SIEBERT STATED THAT MS. HUDSON UNDERSTANDS ABOUT CONFLICT OF INTEREST,
AND HE DID NOT FEEL THIS WOULD PRESENT ANY PROBLEM.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AbOPTED RESOLUTION 79-54 APPOINTING
DOROTHY ANNE HUDSON TO THE BOARD OF ZONING ADJUSTMENT FOR DISTRICT 5.
63
JUN 61979
BOOK - 40 uu 438
RESOLUTION NO. 79-54
BE IT RESOLVED BY THE BOARD OF COUNTY C0121ISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, That DOROTHY ANNE HUDSON
is hereby appointed to the Indian River County Board of
Zoning Adjustment -from District 5, for a term of two
(2) years.
ATTEST:
Freda Wright, CIe c
BOARD OF COUNTY COIDIISSIONERS
Or INDIAN RIVER COUNTY, FLORIDA
BY qw,64,cm (I weew.
William C. Wo t e , J
Chairman
COMMISSIONER Loy STATED THAT SHE WISHED TO BRING UP UNDER
HER ITEMS AN EMERGENCY ITEM TO DO WITH A BUDGET AMENDMENT FOR THE STATE'S
ATTORNEY'S OFFICE. SHE NOTED THAT THIS IS NECESSARY BECAUSE THE FINANCE
DEPARTMENT MADE AN ERROR AT BUDGET TIME LAST YEAR; THE RENT FOR THE
STATE'S ATTORNEY WAS FIGURED TOO LOW, AND WE HAVE NOW RUN OUT OF MONEY
TO PAY THEIR RENT.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY ADOPTED THE FOLLOWING -BUDGET AMENDMENT
TO PROVIDE FUNDS NEEDED TO PAY RENT FOR THE STATE'S ATTORNEY FOR THE
BALANCE OF THE FISCAL YEAR:
ACCOUNT TITLE ACCOUNT No. INCREASE DECREASE
RENT -BUILDINGS 03-2332-331.20 $2,100
RESERVE FUR CONTINGENCIES 03-9990-701.00 $2,100
64
JUN 61979
BOOK 40 pn,, 39
COMMISSIONER LOY REPORTED,IN REGARD TO THE TRAFFIC LIGHT
LOCATED JUST SOUTH OF NORTH GIFFORD ROAD AND U.S. 1, THAT SHE HAS NOW
ASCERTAINED THAT THE BEST THING TO DO IS TO REQUEST THE DOT TO REVIEW
THIS SITUATION TO SEE IF IT WON'T QUALIFY FOR A STUDY OF THAT INTER-
SECTION.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT,
THE BOARD UNANIMOUSLY INSTRUCTED THE ADMINISTRATOR TO REQUEST THE DOT -
TO MAKE A STUDY IN REGARD TO THE INTERSECTIONOF NORTH GIFFORD ROAD
AND U.S. 1.
CHAIRMAN WODTKE REVIEWED A LETTER RECEIVED FROM ATTORNEY
DONALD SALTER, WHO PURCHASED TREASURE COAST UTILITIES FROM LOWELL LOHMAN,
WHICH LETTER IS AS FOLLOWS:
65
JUS 61979 ROOK -Q P.qA
•
DONALD TRAVIS SALTER
ATTORNEY AT LAW
1.400 FULTON NATIONAL BANK BUILDING
3.i MARIETTA STREET. N.W.
DONALD TRAVIS SALTER ATI»IATA. GEORGIA 30:30:1
.ILEX 1411: (•404)839-4488
June 5, 1979
William C. Wodtke, Jr., Chairman
Board of County Commissioners
of Indian River County
Indian River County Courthouse
Vero Beach, I'lorida, 32960
Re: Treasure Coast Utilities, Inc.
Dear Mr. Wodtke:
This is to acknowledgq our conference at the•offices of
County Attorney Collins yesterday at which time we discussed
the various areas of progress by Treasure Coast Utilities,
Inc. during the past nine months and the efforts undertaken
to purchase and install a new °sewage treatment plant. Relative
to that matter, I point out that while earnest money deposits
had been tendered, engineers retained and appropriate docu-
ments prepared for both the State DER and my funding bank,
I was expressing grave difficulties in consumating the
transaction.
Specifically, the cost of the purchase and installation
of said plant, together with other types of upgrading the
facilities were such that a private loan of less than 5 to
8 years in length was financially questionable to the bank,
while the repayment would criple the cash flow of the
Company.
Because of the County's presence in the utility area,
various avenues for private investment and/or adequate
debt capital financing are either limited or totally
chilled. The bank with whom I am dealing has recently
expressed various reservations concerning this Company's
cash flow from its limited customer base relative to any
JUN., 61979
BOOK 40 FAGF
I
William C. Wodtke, Jr., Chairman
Board of County Commissioners of Indian River County
June 5, 1979
Page Two
such loan. It will be necessary to apply for a rate increase
and/or an expansion of this Company's franchise area.
Moreover, the bank desires clarification of the intentions
of Indian River County about going into the utility business
prior to any such loan being repaid.
You informed me at the meeting that the county was
continuing to proceed with its water plans, that my system
was included in said plans and that same could be taken
over within three years and certainly before five to
eight years.
My efforts and investments of money for the purpose
of working out the sewage treatment problems (among others)
are realizing diminishing returns in the climate of
investment uncertainty.
I believe that it is in the best interest of both
the County and myself to attempt negotiated buy-out of
the County's system while we are at this pivotable point
and before the value of the system would increase markedly
Also to be considered are the County's utilities customers
and future developers to the extent there would be a
detioration and/or contraction of services.
I propose that the County either buy out the utility
system or that we work out certain guaranties and/or
subsidies which would clear up the long-term capital
investment picture for me. I will be candid concerning
the accurate values of the system and of my investment.
If you have any thoughts in this regard, please don't
hesitate to contact me. I need to move quickly because of
insistence by the sewage treatment plant's seller, the DER
and my funding bank.
Very truly u
Donald Travis salter
em
cc: George G. Collins, Jr., County Attorney
JUN 61979
a
ROOK 40 PA CF 442
I
CHAIRMAN WODTKE STATED THAT HE DID NOT KNOW WHETHER THE BOARD
WANTS HIM, ATTORNEY COLLINS AND ENGINEER BEINDORF TO CONTINUE TO DISCUSS
THIS MATTER WITH MR. SALTER OR JUST SIT BACK AND SEE WHAT HAPPENS,
COMMISSIONER LYONS DID NOT FEEL WE WANT TO TAKE OVER ANY
SEWER PLANT FOR MR. SALTER IS BENEFIT UNTIL WE GET IN A POSITION TO BE
IN THE SEWER BUSINESS.
CHAIRMAN WODTKE NOTED THAT WE ARE TALKING ABOUT POSSIBLY
INCORPORATING TREASURE COAST UTILITIES IN A SOUTH COUNTY WATER PLANT,
AND EXPRESSED CONCERN ABOUT SUPPLYING WATER BUT NOT TAKING OVER SEWER.
IN GENERAL DISCUSSION, THE BOARD FELT WE SHOULD SIT BACK AND
SEE WHAT HAPPENS AND THINK ABOUT THIS FOR A WHILE.
CHAIRMAN WODTKE NEXT BROUGHT UP BARBER AVE, AND STATED THAT
WHEN MR. SIMPSON OF KUNDE, DRIVER & SIMPSON WAS HERE, HE ASKED HIM
ABOUT A POSSIBLE.TIME FRAME IN WHICH WE FEEL WE WILL GO TO BID.
ADMINISTRATOR KENNINGS STATED THAT HE HAS TALKED TO MR. SIMPSON
TODAY, AND MR. SIMPSON HAS RECEIVED WORD FROM THE DER IN ORLANDO THAT
THEY ARE NOT GOING TO REQUIRE THEM TO GO THROUGH THE PERMITTING PROCESS
FOR BARBER AVE. BECAUSE OF THE DRAINAGE BEING TAKEN CARE OF IN INDIAN
RIVER BOULEVARD. THEY ARE TO SEND HIM A LETTER CONFIRMING THIS. IN
THE EVENT HE DOESN'T RECEIVE THAT LETTER BY NEXT WEEK, THEN HE WILL
WRITE THEM REFERRING TO THE TELEPHONE CONVERSATION AND TELLING THEM WE
ARE MOVING ALONG BASED ON THAT UNDERSTANDING. THE ADMINISTRATOR STATED
THAT THE SPECIFICATIONS AND CONTRACT DOCUMENTS SHOULD BE HAND DELIVERED
TO HIS OFFICE EARLY NEXT WEEK, AND IF ALL THINGS WORK OUT, WE COULD BE
READY TO AWARD THE CONTRACT POSSIBLY BY AUGUST LOTH, ADMINISTRATOR
KENNINGS CONTINUED THAT HE AND COMMISSIONER LYONS HAVE NOT BEEN TO
TALLAHASSEE ON INDIAN RIVER BOULEVARD. HE NOTED IF WE CAN GET SOME
APPROVAL ON TIE-IN OF INDIAN RIVER BOULEVARD TO BARBER AVE., WE -CAN
ALTER THE BARBER AVE. PLAN TO STOP AT THAT POINT. HE WOULD PREFER TO
HAVE THE PLAN RIGHT TO START WITH.
COMMISSIONER LOY ASKED IF WE MIGHT BE BETTER OFF T.0 JUST LET
THE SPECIFICATIONS. MAKE BARBER AVE. A LITTLE LONGER, AND THE ADMINIS-
TRATOR STATED THAT HE WOULD PREFER TO HAVE IT THE OTHER WAY AND SHORTEN
BARBER -AVE.
JUN 0,1979 BOOK �® E443
i
CHAIRMAN WODTKE ASKED ABOUT CONSTRUCTION TIME, AND THE ADMINIS-
TRATOR ESTIMATED WITHIN A YEAR.
CHAIRMAN WODTKE STATED THAT THE REASON HE HAS THE 201 FACIL-
ITIES PLAN ON THE AGENDA IS THAT A KEY CONCERN IN REGARD TO THE ALTERNATE
PLAN PRESENTED BY THE FLORIDA GAME AND FRESH WATER FISH COMMISSION CAME
UP AT THE MEETING IN ATLANTA. THE CONCERN HINGES ON WHETHER OR NOT THE
STATE OF FLORIDA WILL ADDRESS THE MOSQUITO IMPOUNDMENT AREAS AS STATE
WATERS. IF THEY DO, THEN THE EPA PERMIT WILL HAVE TO BE FOR WHERE THE
EFFLUENT FROM THE PLANT GOES INTO THE IMPOUNDMENT AREAS; OTHERWISE, THE
PERMIT WILL BE FOR WHERE THE EFFLUENT COMES OUT OF THE IMPOUNDMENTS
AND GOES INTO THE RIVER. THE CHAIRMAN CONTINUED THAT.IT IS THE STRONG
FEELING OF THE FRESH WATER FISH COMMISSION AND THE ENVIRONMENTALISTS
THAT AFTER DEPOSIT OF THE EFFLUENT IN THE MOSQUITO CONTROL IMPOUNDMENTS,
THE NUTRIENT LEVEL OF THE EFFLUENT WOULD BE SO GREATLY REDUCED THAT THE
PERMITTING REQUIREMENTS GOING INTO THE RIVER WOULD BE VERY EASILY MET.
THE EPA AND DER HAVE MADE STATEMENTS THAT IF THE STATE DETERMINES THESE
ARE STATE WATERS, THEY FEEL iT WILL REQUIRE A CHANGE IN POLICY IN REGARD
TO SECONDARY TREATMENT IN THE WATERS THAT DO NOT FLOW, THEY HAVE ASKED
IF THE COUNTY COMMISSION WOULD ATTEMPT TO SEE IF WE COULD HELP FORMULATE
A PRELIMINARY LEGAL OPINION AS TO HOW THE STATE WOULD CLASSIFY THE
MOSQUITO IMPOUNDMENT AREAS. THE CHAIRMAN CONTINUED THAT HE AND COMMIS-
SIONER LYONS TOLD THEM THAT THEY WOULD HOPE THE BOARD WOULD CONSIDER
AUTHORIZING OUR ATTORNEY TO SEE WHAT INFORMATION HE COULD COME UP WITH"
TO PROVIDE THE LEGAL STAFF OF THE EPA. CHAIRMAN WODTKE INFORMED THE
BOARD THAT HE HAS TALKED WITH JOHN BEIDLER OF THE MOSQUITO CONTROL
DISTRICT, KNOWING THAT THEIR ATTORNEY, BYRON COOKSEY, IS ONE OF THE
BEST ENVIRONMENTAL ATTORNEYS AROUND, AND MR. BEIDLER WILL ATTEMPT TO
ARRANGE TO HAVE ATTORNEY COOKSEY ASSIST ATTORNEY COLLINS IN ANY WAY
HE CAN.
COMMISSIONER LYONS CONFIRMED THE CHAIRMAN'S REMARKS.
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, TO AUTHORIZE THE ATTORNEY TO OBTAIN THE LEGAL OPINION DESIRED
69
JUN 61979 BOOK 40 PAGE4
BY THE EPA, AND, IF NECESSARY, TO OBTAIN ADDITIONAL LEGAL ASSISTANCE
ON THIS MATTER; THIS MATTER TO BE CLASSIFIED AS ADDITIONAL SERVICES
UNDER THE ATTORNEYS CONTRACT WITH THE BOARD.
COMMISSIONER SIEBERT FELT THAT THE MOSQUITO CONTROL DISTRICT
WOULD OFFER THESE SERVICES AND STATED HE WOULD LIKE ATTORNEY COLLINS
TO TRY TO OBTAIN ASSISTANCE AT NO EXPENSE, IF POSSIBLE.
IN FURTHER DISCUSSION, THE BOARD AGREED TO GIVE THE ATTORNEY
THE LATITUDE TO OBTAIN THE NECESSARY OPINION AND ASSISTANCE FREE OR
OTHERWISE.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
CHAIRMAN WODTKE COMMENTED THAT 201 CONSULTANTS ARE NOW IN A
POSITION THAT A REPORT HAS BEEN DONE, HAS BEEN APPROVED BY THE TAC
COMMITTEE, AND IS NOW GOING THROUGH THE REVIEWING SITUATION. HE NOTED
THERE IS A POSSIBILITY THEY MAY HAVE TO REDO THE PLAN, AND HE FELT THE
EPA WILL HAVE TO MAKE SOME DETERMINATIONS BECAUSE THE CONSULTANTS ARE
AT A POINT WHERE MOST OF THE -DOLLARS HAVE BEEN EXPENDED FOR THEIR WORK.
HE FELT WE WILL HAVE TO WAIT AND SEE WHAT HAPPENS.
COMMISSIONER LYONS COMMENTED THAT THERE SEEMS TO BE SOME
PROBLEM IN CONNECTION WITH ANIMAL CONTROL. HE INFORMED THE BOARD THAT
HE HAS DISCUSSED THIS WITH THE CITY POLICE AND GETS ONE ANSWER AND WITH
THE SHERIFF AND GETS ANOTHER ANSWER, AND HE DOES FEEL THERE IS A NEED
• FOR CONTROL THROUGHOUT THE COUNTY. HE FELT IF A MUNICIPALITY IS WILLING
TO BRING ITS ORDINANCE IN LINE WITH THE LEVEL OF CONTROL AFFORDED TO
THE UNINCORPORATED AREA OF THE COUNTY, THAT WE SHOULD THEN SERVICE THAT
AREA. COMMISSIONER LYONS WAS SURE THE CITY OF VERO BEACH WOULD CHANGE
ITS ORDINANCE TO BE CONSISTENT WITH THE LEVEL OF SERVICE THAT IS AFFORDED
TO THE UNINCORPORATED AREA OF THE COUNTY AND FELT, SINCE THIS IS FUNDED
BY AD VALOREM TAXES, THAT IT IS APPROPRIATE.
COMMISSIONER SIEBERT NOTED THAT IF THE CITY IS WILLING TO .
ACCEPT OUR ORDINANCES, THEN IT IS -NOT NECESSARY TO CHANGE THEIRS.
COMMISSIONER LYONS FELT THAT THERE STILL IS A PROBLEM AND IT
JUST DOESN11T SEEM TO WORK WITH GETTING THE SHERIFF TO HANDLE THE ANIMAL
L
JUN 61979 aom %U PAGE 4A 4A
CONTROL PROBLEM. THE CITY CLAIMS THE COUNTY WON'T HANDLE THE PROBLEM
WHEN THEY ARE ASKED TO AND HE HAS RUN INTO MANY PEOPLE WHO HAVE MADE
THIS COMPLAINT. COMMISSIONER LYONS DID NOT KNOW WHAT THE PROBLEM
REALLY IS, BUT FELT THAT PART OF IT LIES IN BRINGING THE LAWS TOGETHER,
ATTORNEY COLLINS AGREED THAT IS PART OF THE PROBLEM. HE ALSO
FELT THAT THE BIG PROBLEM IS GETTING WHATEVER THE CONFLICT IS THAT
COMMISSIONER LYONS MENTIONED STRAIGHTENED OUT. IT APPEARS THAT SHERIFF
SAM .JOYCE AND POLICE CHIEF SAM MCCALL TELL SEPARATE STORIES, AND HE
FELT WE WOULD HAVE TO HAVE A CHANGE IN ORDINANCES. THE CITY IS PERFECTLY
WILLING TO REVISE ITS ORDINANCE SO THERE IS NO PROBLEM AS TO THEIR
CALLING FOR ANY DIFFERENT LEVEL OF CONTROL. ATTORNEY COLLINS CONTINUED
THAT THE SHERIFF PRESENTLY HAS AUTHORITY TO ENFORCE MOST OF THE COUNTY
ORDINANCE IN THE MUNICIPALITIES, BUT THERE IS THE ADVANTAGE OF HAVING
THE MUNICIPAL ORDINANCE THE SAME AS THE COUNTY'S SO THERE IS NO CONFLICT
AND NO REASON TO BLAME THE ORDINANCE FOR ANY OF THE CONFLICTING OFFICIALS.
THE ATTORNEY WAS OF THE OPINION THAT THE CITY IS NOT GOING TO BE SATIS-
FIED WITH THE LEVEL OF SERVICE THE COUNTY IS PROVIDING, BUT HE DID FEEL
THE POINT BROUGHT BY,COMMISSIONER LYONS HAS SOME VALIDITY.
COMMISSIONER LYONS NOTED THAT THE CITY HAS NO ANIMAL CONTROL
ORDINANCE,AT THE PRESENT TIME THAT IS BEING ENFORCED, AND HE FEELS THEY
SHOULD GET ON BOARD WITH THE COUNTY. IF THE CITIZENS FEEL THERE SHOULD
BE A DIFFERENT LEVEL OF ENFORCEMENT, THAT IS SOMETHING ELSE.
' COMMISSIONER LOY FELT THE PROBLEM IS THAT THE CITY OF VERO
BEACH DOES NOT REALIZE THAT THEY DON'T HAVE ANY ANIMAL CONTROL AS DEFINED
BY THE CITY OF VERO BEACH. THE SHERIFF CAN RESPOND TO A NUISANCE CALL,
BUT IF IT IS AN ANIMAL JUST RUNNING AROUND NOT ON A LEASH, THAT IS SOME-
THING THE COUNTY CAN'T HANDLE. APPARENTLY THE CITY JUST TELLS THE
CITIZENS THEY DON'T HAVE ANY ORDINANCE AND REFERS IT TO THE COUNTY.
COMMISSIONER LYONS AGREED THERE IS A PROBLEM TO BE SOLVED, BUT
FELT IT WOULD BE HELPFUL IF WE CONSOLIDATE OUR ORDINANCES.
ATTORNEY COLLINS NOTED THAT IF THE CITY OF VERO BEACH IS NOT
GOING TO ENFORCE ANIMAL CONTROL AT ALL, THERE IS NO REASON FOR THEM
HAVING AN ORDINANCE AT ALL. IF THE COUNTY -ORDINANCES ARE NOT SUFFICIENT
71
JUN 61979 BOOK 40 PAcF446
TO MEET THE ENTIRE NEEDS OF THE COUNTY, THEN WE SHOULD CHANGE THEM SO
THE ENTIRE COUNTY GETS SERVICE ON A*UNIFORM BASIS. HE POINTED OUT THAT
WHEN WE WERE TALKING ABOUT COMING UP WITH MUTUAL ORDINANCES, IT WAS
HIS UNDERSTANDING THAT THE CITY WAS GOING TO COME UP WITH SOME LEVEL
OF SERVICE, BUT IF THEY ARE NOT GOING TO PROVIDE ANY SERVICE AT ALL,
HE FELT SOMEONE SHOULD TELL US WHERE OUR ORDINANCES ARE NOT PROTECTING
COUNTY CITIZENS. HE COMMENTED THAT SOME OF OUR ORDINANCES DO EXCLUDE
MUNICIPALITIES.
COMMISSIONER LOY NOTED THAT THE CITY OF SEBASTIAN HAS INSTI-
TUED A NEW ANIMAL CONTROL PROGRAM OF THEIR OWN AND THEY ARE HAPPY WITH
IT. SHE DID NOT FEEL WE SHOULD INCLUDE ALL MUNICIPALITIES.
. ATTORNEY COLLINS WAS OF THE OPINION WE SHOULD, PROVIDING OUR
ORDINANCE IS NOT INCONSISTENT WITH AN EXISTING MUNICIPAL ORDINANCE.
COMMISSIONER LYONS FELT THERE IS A MISUNDERSTANDING, AND IF
IT IS ALL RIGHT WITH THE COMMISSION, HE AND THE ATTORNEY WILL PURSUE
THIS. IF WE DO HAVE TO CHANGE ANY COUNTY ORDINANCE IN ORDER TO OPERATE
IN THE CITY, HE FELT THEY CAN COME BACK WITH A RECOMMENDATION AND ALSO
A RECOMMENDATION AS TO WHAT THE MUNICIPALITY HAS TO DO TO KEEP FROM
HAVING A CONFLICT.
ATTORNEY COLLINS ASKED IF COMMISSIONER LYONS WOULD REQUEST
THE CITY TO TAKE ANOTHER.LOOK AT ANIMAL CONTROL. HE POINTED OUT THAT
ALMOST EVERY MAJOR CITY HAS FOUND THEY DO NEED TO SUPPLEMENT ANIMAL
CONTROL TO THE LEVEL THE CITIZENS DESIRE. HE NOTED THAT ONE OF THE
REASONS FOR THE CITY GETTING OUT OF THIS SITUATION WAS THE INEFFICIENCY
OF THE HUMANE SOCIETY, AND HE FELT THIS IS BEING CLEARED UP. HE STATED
THAT HE WILL WORK WITH COMMISSIONER LYONS ON THIS, AND COMMISSIONER.
LYONS WILL WORK WITH THE CITY.
-COMMISSIONER LYONS AGREED HE WILL CONTINUE TO WORK ON THIS
PROBLEM WITH ATTORNEY COLLINS, IF THE BOARD HAS NO OBJECTIONS. HE
NOTED THAT DR. FLOOD HAS 30 TO 40 BITE CASES PER MONTH.
THE BOARD HAD NO OBJECTIONS TO COMMISSIONER LYONS AND THE
ATTORNEY CONTINUING TO WORK ON THIS MATTER. °
COMMISSIONER LYONS STATED THAT HE WOULD LIKE TO SEE US
EXPEDITE THE WATER PROGRAM FOR THE'SOUTH COUNTY.
72
JUN 61979
BOOK ' 40 PAGE 447
It
�I
_ Ii
CHAIRMAN WODTKE INFORMED HIM THAT WE ARE WORKING ON THAT AND
HE HAD A MEETING WITH FMHA TO WORK ON A POSSIBLE FUNDING SITUATION. HE
BELIEVED ATTORNEY COLLINS AND ENGINEER BEINDORF WERE AUTHORIZED TO MEET
WITH VISTA ROYALE AND POSSIBLY TREASURE COAST IN THIS REGARD, AND
ATTORNEY COLLINS STATED THAT WAS CORRECT.
THE CHAIRMAN STATED THEY ARE TRYING TO EXPEDITE THE POSSIBILITY
THAT WE CAN PICK UP SOME UNEXPENDED FUNDS, AND COMMISSIONER LYONS NOTED
THAT HE IS WORRIED ABOUT TECHNICAL ASPECTS.
ATTORNEY COLLINS FELT ANOTHER WORKSHOP MEETING ON SOUTH COUNTY
WATER IS NECESSARY AND ASKED IF THE BOARD COULD WORK ON SETTING UP A
DATE FOR SUCH A MEETING.
COMMISSIONER LYONS STATED THAT HE WANTS TO PROMOTE THE BUSINESS
OF GETTING THE PACKAGE PLANT OUT OF BUSINESS ON THE BEACH AND WOULD
LIKE TO KEEP WORKING ON THAT.
COMMISSIONER LOY BROUGHT UP THE QUESTION OF WHAT THE BOARD
IS GOING TO RECOMMEND AS TO COST OF LIVING FOR THEIR EMPLOYEES FOR THE
PURPOSE OF MAKING UP THE BUDGETS.
COMMISSIONER SIEBERT STATED THAT HE WOULD PREFER TO AGENDA
THAT FOR THE NEXT MEETING, PLUS A REVIEW OF THE PROPERTY APPRAISER'S
BUDGET.
COMMISSIONER LOY NOTED THE PROBLEM IS THAT THE BUDGETS ARE
DUE IN TO THE FINANCE DEPARTMENT BY JUNE 15TH AND WE NEED TO GIVE THEM
SOME DIRECTION OR ELSE JUST TAKE WHAT THEY SUBMIT.
DISCUSSION FOLLOWED AS TO A 77 FIGURE, WHICH IS BEING USED
-BY THE SCHOOL BOARD, THE POLICE DEPARTMENT, THE STATE OF FLORIDA, ETC.
CHAIRMAN WODTKE DISCUSSED WHAT THE LEGISLATURE MEANT BY
"VOLUNTARY" OR "MANDATORY" 7% FOR THE CONSTITUTIONAL OFFICERS, AND
COMMISSIONER SIEBERT DID NOT FEEL THAT BILL IS RELATIVE. HE NOTED THE
ELECTED OFFICIALS HAVEN`T HAD A RAISE IN FOUR YEARS.
FINANCE OFFICER BARTON EXPLAINED THAT THE LEGISLATURE WAS
JUST CHANGING THE INFLATION FACTOR AND GOING ABOVE THE 21.1%.
COMMISSIONER SIEBERT FELT ALL THAT IS IMMATERIAL. AND IT WAS
HIS BELIEF THAT THE CODY REPORT SAYS WE SHOULD NOT TIE ANYTHING TO
COST OF LIVING.
JUN 61979
73
BOOK U PAGE 448
m
COMMISSIONER LYONS POINTED OUT THAT THE REPORT WAS FOR THE
PURPOSE OF GETTING PEOPLE TO THEIR PROPER JOB LEVEL AND IT HAD NOTHING
-TO DO WITH A RAISE AT ALL.
COMMISSIONER SIEBERT AGREED, BUT STATED THAT FROM THAT POINT
ON THE MAINTENANCE OF THAT SALARY LEVEL SHOULD NOT BE BASED ON COST
OF LIVING INCREASES. ACROSS THE BOARD COST OF LIVING INCREASES ARE
VERY DANGEROUS.
COMMISSIONER LYONS NOTED THAT, IN THAT CASE, IF SOMEONE IS AT
THE TOP OF THEIR RANGE, THEY DON T GET.A RAISE.
FINANCE OFFICER BARTON INFORMED THE BOARD THAT HE TALKED TO
THE CODY REPRESENTATIVE, AND IF COST OF LIVING IS GIVEN, IT WILL SLIDE
ALL RANGES UP. MERIT INCREASES WILL NOT DO THIS. THE COST OF LIVING
DOES NOT BRING THE BOTTOM OF THE RANGE ANY HIGHER - JUST THE TOP; IT
SPREADS THE RANGE FURTHER.
COMMISSIONER SIEBERT DID NOT AGREE. HE FELT IT BRINGS EVERY-
ONE UP.
FINANCE OFFICER BARTON CONTINUED TO EXPLAIN THAT IT WAS
SPELLED OUT TO HIM WHY IT WAS ONLY ADJUSTED ON ONE SIDE OF THE SCALE,
HE STATED THAT THE STARTING RANGE IS COMPETITIVE AND IS NOT AFFECTED
BY THE COST OF LIVING INCREASE; ONLY THE TOP RANGE IS MOVED UP,,
COMMISSIONER LOY NOTED THAT THE PROPERTY APPRAISER USED 7%
IN HIS BUDGET, AND FINANCE OFFICER BARTON STATED THAT HE USED 7-I/2%
PLUS SOME 4%. -MERIT INCREASES.
MOTION WAS MADE BY COMMISSIONER SIEBERT TO ALLOW UP TO 5%
MERIT INCREASES AND SPECIFICALLY EXPLAIN THAT THIS IS NOT A COST OF:
LIVING ADJUSTMENT AND DOES NOT AFFECT THE SALARY SCALE AT ALL,
CHAIRMAN WODTKE NOTED THAT THE PLAN REQUIRES THAT EACH EMPLOYEE
IS EVALUATED ON A YEARLY BASIS AND ANY MERIT RAISE MUST BE JUSTIFIED
BY SUCH EVALUATION.
DISCUSSION CONTINUED ON THE YEARLY EVALUATION AND THE POSSI-
SILITY OF BEING REVIEWED ON AN -ANNIVERSARY DATE.
COMMISSIONER SIEBERT NbTED THAT IF THEY HAVE MONEY IN THE
BUDGET FOR THIS PURPOSE, RAISES CAN BE GIVEN ON ANNIVERSARY DATES.
74
JUN, 61979
BOOK - 40 PACE 449
COMMISSIONER LOY STATED THAT WHEN DEPARTMENT HEADS EVALUATE
THEIR EMPLOYEES, THEY SHOULD HAVE THE LATITUDE TO MOVE THEIR EMPLOYEES,
IF IT IS JUSTIFIED.
COMMISSIONER SIEBERT EXPLAINED THAT HE IS SAYING THEY CAN PUT
IN FOR 5% IN THEIR DEPARTMENT, AND THEY HAVE TO JUSTIFY HOW THEY GIVE
IT BY EVALUATING.
FINANCE OFFICER BARTON NOTED THAT THE STUDY DATA IS CURRENT
AND COST OF LIVING WILL MOVE THE RANGES UP, AND CHAIRMAN WODTKE FELT
THIS PUTS US RIGHT BACK WHERE WE WERE.,
ADMINISTRATOR JENNINGS INFORAED THE BOARD THAT MR. PELLEGRINO
OF CODY & ASSOCIATES WILL BE IN HIS OFFICE TOMORROW, BUT COMMISSIONER
SIEBERT NOTED THAT WE NEED SOME KIND OF MOTION NOW IN ORDER TO MAKE THE
.JUNE 15TH DEADLINE.
COMMISSIONER LOY NOTED THAT THE STUDY WAS FOR THE PURPOSE OF
GETTING EVERYBODY WHERE THEY BELONGED IN SALARIES THAT WERE COMMEN-
SURATE WITH OTHER INDUSTRIES. SHE ASKED IF SHE WAS CORRECT THAT IT
ONLY COST $20,000 TO GET ALI, OF THE EMPLOYEES IN THE RIGHT SPOT TO
HANDLE THIS FROM NOW UNTIL OCTOBER.
FINANCE OFFICER BARTON STATED THAT WAS CORRECT FOR THE BOARD'S
EMPLOYEES.
COMMISSIONER LOY FELT WE EITHER DIDN'T MAKE MANY CHANGES OR
WHAT CHANGES WERE MADE WERE VERY SMALL SO WE MUST HAVE BEEN PRETTY
WELL IN LINE. SHE STATED. THAT SHE WOULD NOT CLASSIFY THAT AS MUCH OF--
A
F`A SALARY INCREASE.
COMMISSIONER SIEBERT EMPHASIZED THAT WE SHOULD NOT CHANGE THE
RANGES BECAUSE WE ARE VERY CURRENT NOW. YOU MUST ESTABLISH AN UPPER
LEVEL OF WHAT ANYBODY CAN BE PAID FOR A PARTICULAR JOB. IF THEY ARE
AT THE TOP, THEY ARE NOT GOING TO MOVE NO MATTER HOW GOOD THEY ARE.
COMMISSIONER LOY NOTED THAT.IF WE DIDN'T PUT ANYTHING IN THE
BUDGET FOR COST OF LIVING, THEN HOW ARE PEOPLE GOING TO HANDLE THE
ANNUAL RE-EVALUATIONS AND INCREASE IN SALARY THAT A PERSON HAS EARNED.
COMMISSIONER SIEBERT REITERATED THAT THE INTENT •IS TO MOVE
PEOPLE WITHIN THE RANGE, IF THEY ARE AT THE TOP, THEY CAN'T MOVE,
75
J U ,B00K 40 PAGE 450
61979 .
THAT IS WHY HE MADE THE MOTION THAT EACH DEPARTMENT BE GIVEN 5% OF THEIR
TOTAL BUDGET TO WORK WITH FOR MERIT •INCREASES; NOT EVERYONE WILL GET
A MERIT RAISE AND SOME MAY GET MORE THAN 5%.
COMMISSIONER SIEBERT STATED THAT HE WOULD WITHDRAW HIS MOTION
AT THIS TIME.
COMMISSIONER LOY NOTED THAT SOME DIRECTION IS NEEDED UNLESS
THE BOARD JUST WISHES THE BUDGETS TO COME ON IN.
COMMISSIONER LYONS POINTED OUT THAT THERE IS SOME CONFUSION
ABOUT THIS WHOLE MATTER, AND POSSIBLY WE SHOULD JUST LET THE BUDGETS
COME IN AND GET MR. DONLON AND. MR. PELL'EGRINO TO COME BACK WITH ONE
MORE REPORT TO BE SURE WE UNDERSTAND THE PROGRAM.
COMMISSIONER SIEBERT FELT WE SHOULD SET THIS UP FOR THE NEXT
MEETING SO THAT THE FINANCE OFFICER CAN START WORKING ON THE BUDGETS
AND WE CAN GIVE HIM SOME GUIDELINES AND AT THE SAME TIME WE CAN REVIEW
THE PROPERTY APPRAISERS BUDGET.
THE BOARD AGREED.
RESOLUTION No. 79-45 RE ALLOCATIONS ON THE SIXTH AVENUE SEWER
LINE IS HEREBY MADE A PART -OF THE MINUTES AS APPROVED AT THE MEETING
OF MAY 23, 1979.
JUN Y61979 EOOK -40 DAR
76
JUN Y61979 EOOK -40 DAR
RESOLUTION NO. 79-48
WHEREAS, pursuant to that Contract with the City of
Vero Beach, dated the 11th day of January, 1973, together with
subsequent annexes, Indian River County received an allocation
of sewage capacity at the City of Vero Beach Wastewater Treat-
ment Plant; and
WHEREAS, by Agreement dated the 20th day of April,
1977, and Addendum thereto dated the 95th day of May, 1977,
between the City of Vero Beach, Indian River County and Vero
Mall, a joint venture composed of Melvin F. Sembler and James
W. Wilson, Jr., County obtained the vehicle by which to service
properties along the sewer line and within the vincinity of
Sixth. Avenue, as hereinafter described, with unallocated sewage
capacity at the Vero Beach Wastewater Treatment Plant; and
WHEREAS, the Board of County Commissioners of Indian
River County, after considerable discussion, engineering reports,
review of the needs in the Sixth Avenue area, and public input
from those parties concerned after notice, has determined to
allocate a portion of the County's unallocated sewage capacity;
and
WHEREAS, the Board of County Commissioners of Indian
River County, Florida, hereby determines that an allocation of
up to a maximum of 600,000 gallons per day at the Vero Beach
Treatment Plant is in the public interest for health, welfare,
and sanitary reasons;
NOW, THEREFORE; BE IT -RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY,.FLORIDA, that:
1. The area to be served by the existing sewage force main
from Vero Mall to the City of Vero Beach Wastewater Treatment
Plant is described as follows:
JUN . - 61979
BOOK 40 PAGE 452
JUN
That property lying West of the Indian River;
South of the South -City Limits of the City of
Vero Beach on the Mainland; East of the East
right-of-way line for State Road U.S. 1 and
North of an imaginary line whose Southwest's
corner is located at the intersection of the
East right-of-way line of Sixth Avenue with
the East right-of-way line of U.S. 1; thence
due East to the Indian River; said land lying
and being in Indian River County, Florida.
2. The total allocation available to the designated area is
an amount up to 600,000 gallons per day.
3. Criteria to be met prior to the County Administrator being
authorized to issue the Sewage Allocation Permit to a requested
party:
A. The request must be for an existing structure, which
structure has already received a Certificate.of occupancy, or,
in the alternative, the owner of the property must evidence
that the proposed project'has received:
i. Site Plan approval;
ii. Completed construction drawings;
iii. All governmental approvals with the
exception of Building Permit.
B. The property must be served by one of the following
water systems, which shall be metered: .
i.. The County Water System;
ii. A Central Water System after appropriate
County Franchise has been issued.
iii. Where a County Franchise is not required, well
systems properly permitted by the Department
of Environmental Regulations and all other
necessary permitting authority.
61979
- 2' -
BOOK 40 PAGF 453
I
•
M
C. The amount of allocation required must be certified
in writing by a certified engineer authorized to practice
in the State of Florida. Allocations based on the -above
criteria shall be issued by the County Administrator's
office upon appropriate Permit form. Said Permit shall
have a life for one (1) year and, in the event construction
by the requesting party has not begun within the one-year
period of time, said Permit shall lapse and the allocation
deemed null and void. Any change in the Site Plan upon
which the Sewage Allocation Permit is issued shall subject
the Sewage Allocation Permit to revocation by the County
Administrator's office in the event the effect of the Site
Plan change.is to increase the density and use to be constructed
on the property subject to the Site Plan.
4. All connections to the County force main shall be at the
expense of the applicant and based upon plans and specifications
approved by Indian River County's Counsulting Engineers and the
County Administrator's office prior to issuance of the Sewage
Allocation Permit. The standard for specifications shall be
those presently in existence or subsequently amended that have
been approved by the City of Vero Beach.
The applicant shall have the responsibility of repairing
all road, easement and right-of-way damage. Applicant shall
maintain and service all collection systems, pumping stations,
force mains and appurtenances to the point of and including
connection to the County force main.
5. The Board of County Commissioners for Indian.River County
shall promulgate reasonable sewer rates based on water useage
either through the County water system, franchised water system,
or well system referred above.
JUN 61979
- 3 -
BOOK
40 FACE 45 4
6. As a matter of public policy, preference to allocation
will be given to existing structures within the defined area and
then to requesting parties upon a first-come, first -serve basis
after compliance with the criteria established herein.
Said Resolution shall become effective as of the 23rd
day of May , 1979.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By-
William C. Wodtke, Jr.
Chairman
ATTEST:
Freda Wright, Cl r
4 -
JUN, 61979 PO°K 40 F}icF 455
THE "SQUARING OFF" AGREEMENT WITH THE CITY OF VERO BEACH RE
AREAS ADJACENT TO THE CITY LIMITS ON THE MAINLAND TO BE SERVED BY THE
CITY WITH WATER AND WASTEWATER, ETC., IS HEREBY MADE A PART OF THE
MINUTES AS APPROVED AT THE MEETING OF MAY 9, 1979.
JUN 61979 BOOK 40 PuE 456
F_ —7
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ANNEX III
THIS ANNEX is appended to and made a part of that
particular AGREEMENT between the CITY OF VERO BEACH, FLORIDA,
and INDIAN RIVER COUNTY, FLORIDA, dated the 11th day of
January, 1973, as amended and clarified by its Annexes I
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and II, dated November 6, 1973.
WHEREAS, on January 11, 1973, the City of Vero Beach
and Indian River County entered into a Tentative Agreement
regarding, among other things, water and wastewater service
to the City and areas outside the City, including some areas
adjacent to parts of the city limits on the mainland. Paragraph
5 on page 4 of the January 11, 1973 Agreement and Paragraph 1
on Annex I, the nine (9) lines under the heading "On The Main-
land Portion Of The County" require clarification; and,
WHEREAS, the parties hereto desire to more clearly
specify what areas adjacent to the city limits on the mainland
the City shall serve°,with water and wastewater and what
facilities the County may offer to purchase and under what terms
and conditions;
NOW, THEREFORE, the parties hereby amend the Agreement
and its Annex I in the following manner and in no others:
1. Paragraph 5 on page 4 of the January 11, 1973
Agreement and the nine (9) lines on page 1 and 2 of Annex I,
dated November 6, 1973 under the heading "On The Mainland
Portion Of The County" are hereby deleted. '
2. In lieu of said Paragraph 5 on page 4.and the said
nine (9) lines of Annex I, the parties hereby agree as follows:
A. SEWER SERVICE ON MAINLAND.
In addition to certain specified areas'as provided
by now existing tri -partite Agreements, the City of
• Vero Beach is providing sewer service.outside the
city limits on the mainland part of the"County at
only the following locations. There is no county
JUIN 61979
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sewer allocation allotted to any of said locations. '
The remaining County sewer allocation is not.reduced
by this Agreement.
WITHIN AREA NO. 1 OR NO. 2:
1. Approximately the South one-third of The
Baptist Retirement.Center North of 33rd
Street and east of 10th Parkway. (In
Area No. 1). (See detail map).
2. Van-Trician Subdivision on 42nd Avenue
South of 14th Street. (In Area No. 2). i
3. Phyl-Ann Subdivision on 40th Avenue,
South of 14th Street. (In Area No. 2).
4. The Hofbrau.Haus Restaurant on the West
side of 43rd Avenue, South of Highway 60.
(In Area No. 2).
OUTSIDE OF AREA NO. 1 AND NO. 2:
5. Vero Beach Country Club.
6. Vero Beach Elementary School. i
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7. Safety City.
8. Oceanside Motors on the South side of
17th Street, East of U.S. Highway #1.
9. Johnson -Oil Company (American Car Wash) 1
on the East side of U.S. Highway #1, j
North of 33rd Street.
10. Wendy's Hamburgers, Landmark Motor Lodge,
and Vero Beach National Bank, on the East
side of U.S. Highway #1, South of 18th
Street.
11. The SunQuest Apartments and the Plantation
Apartments at 17th Street and 6th Avenue.
The City shall continue to supply present sewer
services to the existing buildings and structures
and shall not extend additional sewer service to any.
additional facilities except new buildings, if any,
in the two subdivisions and the approximate South
" one-third of The Baptist Retirement Center. The
City shall not provide sewer service to any -additional
areas, lots, or parcels on the mainland outside the
city limits except pursuant to existing or future
tri -partite agreements.
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61979 Box 40 PAcE 458
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B. WATER SERVICE ON MAINLAND.
The City also serves the above areas with water.
There has been no County water allocation allotted
to said areas. The City shall continue to supply
present water service to the buildings and structures
in Item 5 through 11. Attached hereto and made a
part hereof is a small composite map with two (2)
areas delineated thereon as "Area No. 1" and "Area
No. 2". Details of these two (2) areas are shown
on seven (7) large maps approved by the City Council
of Vero'Beach on November 30, 1978, which maps are
incorporated herein and made a part hereof by
reference. The City shall provide complete water
service within all of said two (2) areas, as said
areas are specified on the seven (7) large maps
(and as'shown in the detail map of The Baptist
Retirement Center), and shall not provide water
service to any other areas outside the city limits
on the mainland except under the provisions of now
existing tri -partite agreements, and to at least
fourteen (14) "specified lots" now served by the
City with water only outside the city limits on
the mainland not within the said two (2) areas
and not covered by any tri -partite agreements,
which fourteen (14) lots are 5215 Rosewood Boule-
vard, 5445 Rosewood Boulevard, 5600 Rosewood
Boulevard, 885 Old Dixie Highway, 1045 Old Dixie
Highway, 1316 -15th Avenue, 1386 -15th Avenue,
1395 -15th Avenue, 1391 -14th Street, 1395 -14th
Street, 1520 -14th Street, 1414 -8th Avenue,
1491 -8th Avenue, and 895 Old Dixie Highway.
C. SALE OF CITY'S WATER DISTRIBUTION FACILITIES
The County may from time -to -time offer to serve
a .AREAS all or
water to all or part of said two (2) ,
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parts of the areas outside said two (2).aar•es
listed as Items 5 through 11 in Paragraph 2 A,
above, and the "specific lots" by offers --to
purchase City water facilities therein, subject
to good engineering practices and reasonable
adoption of areas provided no enclaves result;
provided also that the County shall not acquire
said City water customers who are also City sewer
customers unless the County also acquires said
customers concurrently a:s County sewer customers.
If the City should decide to sell any of said areas
to the County, the price shall be negotiated, but
the capital costs shall not exceed the then
;replacement cost of the facilities purchased as
determined by the City's counsuling engineers, less
3-1/3% depreciation per year from the date of
installation of the respective facilities.
D. SALE OF CITY SEWER FACILITIES.
The County may offer from time -to -time to
acquire the City's sewer customers listed in
Paragraph 2A, above, items 1 through 11. If the
City decides to sell any such areas to the County,
the price shall be negotiated as provided for
purchase of water facilities under the terms
of Paragraph C, above. The County cannot purchase
any sewer service in Items 1 through 11 without
also concurrently purchasing City water facilities
in any such area(s) for concurrent water service
by the County.
E. CERTIFICATION.
A certification from the City's consulting
engineer(s).that the City's.ability to meet its
then existing bond obligations will not be impaired
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by any such water or sewer sale(s) is a
prerequisite to negotiation for any sale.,
IN WITNESS WHEREOF, the duly authorized officials of
the City of Vero Beach, Florida, and the Counytyy of Indian River,
Florida, have executed this Agreement this�say of
19�.
ATTEST: CITY OF VERO BEACH, FLORIDA
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Caryl Re Stevens, ; Jay A. Smith, Mayor
City Clerk
Approved as to form:
�a (SEAL)
Thomas C. Palmer
City Attornby
ATTEST: INDIAN RIVER COUNTY, FLORIDA j
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Freda Wright, Cler*of William C. Wodtke r. i
the Court Chairman
Board of County Commissioners
iurnty
ved4aystoxm.
e s, Jr.,
Attorney
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JUN 61979
(SEAL) j
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BOOK 40 PAcE 461
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THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING
BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED
AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS:. TREASURY FUND
NOS. 62120 - 62272 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 ROOK
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 6:45 O'CLOCK F.M.
ATTEST:
CLERK CHAIRMAN
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JUN: 61979 BOOK. 40 PAGE 4U
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