HomeMy WebLinkAbout7/18/1979WEDNESDAY, JULY 18, 1979
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA,
ON WEDNESDAY, .JULY 18, 1979, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM
C. WODTKE, SJR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLARD W.
SIEBERT, JR.; R. DON DEESON; AND PATRICK B. LYONS. ALSO PRESENT WERE
.JACK G. KENNINGS, COUNTY ADMINISTRATOR; L. S. "TOMMY" THOMAS, INTER-
GOVERNMENTAL COORDINATOR; CALVIN B. BROWN, ACTING AS ATTORNEY TO THE
BOARD OF COUNTY COMMISSIONERS IN THE ABSENCE OF GEORGE G. COLLINS, JR.;
JEFFREY K. BARTON, FINANCE OFFICER; BAILIFF DAN FLEISCHMAN; AND VIRGINIA
HARGREAVES AND JANICE CALDWELL, DEPUTY CLERKS.
THE CHAIRMAN CALLED THE MEETING TO ORDER.
COMMISSIONER LYONS 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 .JULY 5, 1979.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING
OF JULY 5, 1979, AS WRITTEN.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A PERMIT
TO CARRY A CONCEALED FIREARM FOR AURELIUS J. BRACKINS AND ROBERT CLYDE
MAXWELL.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO ALLOCATE
ADDITIONAL FUNDS TO THE ACCOUNT USED TO REMIT TAX,MONIES TO THE CITY
OF INDIAN RIVER SHORES, AS FOLLOWS:
ACCOUNT TITLE ACCOUNT N0, INCREASE EC E SE
CITY OF INDIAN
RIVER SHORES 02-4012-304.02 $300.00
RESERVE FROM
CONTINGENCIES 02-9990-701.00 $300.00
J U L 18 19 T9 Boa 41 PA;E 16OC'
J U L 181979 BOOK 41 PAGF 169
CHAIRMAN WODTKE REFERRED TO ITEM ZB ON THE CLERKS AGENDA
AND ASKED ABOUT THE POLICY OF THE MEDICAL EXAMINER PERFORMING AUTOPSIES.
THE CHAIRMAN ASKED IF THE COUNTY AUTOMATICALLY PAYS THE $260 FEE
REGARDLESS Of WHETHER THE INDIVIDUAL IS INDIGENT OR NOT, AND THE FINANCE
OFFICER REPLIED AFFIRMATIVELY. CHAIRMAN WODTKE WONDERED IF THERE IS
ANY METHOD TO HAVE INDIVIDUAL FAMILIES, OR THE ESTATE, REIMBURSE THE
TAXPAYERS FOR THESE FUNDS,
ATTORNEY BROWN STATED THAT IT IS A REQUIREMENT OF THE LAW AND
MUST BE FUNDED BY THE GOVERNMENTAL ENTITY.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED A BUDGET AMENDMENT TO ALLOCATE
ADDITIONAL FUNDS TO THE PROFESSIONAL SERVICES ACCOUNT DUE TO THE
HOSPITAL CHARGING A FEE FOR THEIR SERVICES AND INCREASED AUTOPSIES,
AS FOLLOWS:
ACCOUNT TITLE
PROFESSIONAL
SERVICES
RESERVE FOR
CONTINGENCIES
ACCOUNT'NO,
03-3990-341.01
03-9990-701.00
INCREASE
$5,000.00
DECREASE
$5,000.00
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY APPROVED THE STATE WITNESS PAY ROLLS, CIRCUIT
COURT, SPRING TERM, 1979, IN THE AMOUNTS OF $135.46 AND $88.84; AND
COUNTY COURT, JUNE TERM, 1979, IN THE AMOUNT OF $194.16.
THE FOLLOWING REPORTS VJERE RECEIVED AND PLACED ON FILE IN
THE OFFICE OF THE CLERK:
TRAFFIC VIOLATION FINES BY NAME, JUNE, 1979
REPORT OF CONVICTIONS, CIRCUIT COURT, .JUNE, 1979
INDIAN RIVER COUNTY WELFARE DEPARTMENT MONTHLY REPORT,
MAY, 1979
ON MOTION BY COMMISSIONER.SIEBERT, SECONDED BY COMMISSIONER
6
Loy, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR INTER-
GOVERNMENTAL COORDINATOR THOMAS TO HYANNIS, MASSACHUSETTS, OCTOBER 16 -
191 1979 TO ATTEND AN ATLANTIC STATES MARINE FISHERIES COMMISSION MEETING.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR S. LEE
NuzIE, CIVIL DEFENSE DIRECTOR ON JULY 19, 1979 TO ATTEND A DISASTER
COORDINATOR'S SESSION AT WILDWOOD.
THE BOARD NEXT TOOK UP A REQUEST FROM DIANE M. ZIMBEROFF AND
JIM PERRY REGARDING A SHELTER FOR BATTERED SPOUSES, AS PER THE FOLLOW-
ING LETTER:
Mental Health Association
of Indian River County
P. O. Box 427 -
VERO BEACH, FLORIDA 32960
305-562-5713
July 5, 1979
Indian River County Courthouse
Board of County Cacrmissioners
Vero Beach, Fla. 32960
Dear Commissioners:
Our intention is to establish a shelter for battered spouses and their
children who choose to be removed from a potentially or actually dangerous
situation. Our main goal is to break the cycle of spouse abuse which begins
with a young child watching one of his parents being beaten, and by often,
actually being beaten himself. This pattern is learned and the child grows
up, marries and does the same in his family. Statistics show that 86% of
men who beat their wives, were themselves beaten as children. Forty-five
percent of the assaults on mothers are accompanied by similiar physical as-
saults on children ift the household. The remaining 557. of the children if
not themselves beaten, were terrorized by watching the mother being, beaten.
FBI statistics show that one fourth of all murders occur within the.family
and there are approximately six (6) million cases of spouse abuse presently
with the number growing each year. Locally statistics are just beginning
to be kept.
For the six month period of January 1979 to June 1979, there have been
221 cases of family disturbance where the Sheriff's Department has been
called in (This does not include city police figures). Seventy of these
cases involved physical violence, 23 of which caused serious physical. harn
to one member. The FBI states that only one out of every ten cases, are
ever reported so in reality there are many more cases in existance. We
estimate that 20-30 of these cases are appropriate for our proposed shelter.
lie also anticipate that through connunity education, and the availability
of a shelter even more of these cases will be brought to our attention.
The Mental Health Association of Indian River County has initiated
this program, due to the need which has come to our attention through
Crisis -Line and the Sheriff's Department. The Mental Health Association
will have one representatives on the Board of Spouse Abuse of Indian River
County Inc. which will be responsible for the implementation of the Ti FAA
Grant and the Spouse Abuse Program. she funds will be administered
through Mr. Jeff Barton, Financial Officer, for Indian River County.
J U L i 1919 BOOK 1 PAGE 17
3
J U L 181979 7
41 'AGE 171
Shelter policies - The shelter will screen applicants using a standard
screening process which has been devised by other shelter across the
state. Other placement alternatives will be explored and applicants will
only be accepted if they have nowhere else to go or if they are in im-
mediate phusical danger. They will be expected to provide their own food
or food stamps for.the selves and their children. An ongoing counseling
program will be required -for each resident to attend.
lie -are asking the Commissioners to support this much needed program
so that we may receive LEAA funding of $ 14,334.00. The Local required
match would be $ 796.00.
Thank you so much for your consideration.
I1fl.: ry
Sincerely,
Diane M. Zimberoff,
Executive Director ,��i II.A.
JIM PERRY STATED THAT THERE IS AN APPARENT NEED FOR THIS TYPE
OF SHELTER AND IT WILL TAKE A GOOD DEAL OF MONEY THAT COULD COME FROM
FOUR PLACES: THE LEAA GRANT, WITH $796 IN MATCHING FUNDS; CETA FUNDS;
THE UNITED WAY; AND THEIR OWN CHARITY DRIVES.
COMMISSIONER SIEBERT ASKED ABOUT THE DEADLINE FOR SUBMISSION
OF THE APPLICATION, AND WAS INFORMED AUGUST 20, 1979, OR A LITTLE
LONGER. HE CONTINUED THAT THE BOARD HAS NOT STARTED THE BUDGET HEARINGS
YET AND THAT THEY HAVE SOME STRICT RESTRAINTS FOR NEXT YEAR,
DIANE ZIMBEROFF COMMENTED THAT LEAA INFORMED THEM THAT THEY
WOULD LIKE TO KNOW AS SOON AS POSSIBLE IF THE BOARD APPROVES OF THIS
APPLICATION.
COMMISSIONER SIEBERT INQUIRED IF THEY ARE REQUIRED TO RECEIVE
CLIENTS OUTSIDE OF INDIAN RIVER COUNTY.
MS. ZIMBEROFF REPLIED THAT THIS MAY HAPPEN BECAUSE IF, FOR
SOME REASON, THERE IS DANGER TO THE BATTERED SPOUSE, IT MIGHT BE BETTER
FOR THE PROTECTION OF THE WOMAN AND HER CHILDREN TO SEND THEM TO ANOTHER
COUNTY; AND THERE WOULD BE A TRADE-OFF WITH THAT COUNTY.
MR. PERRY REPORTED THAT THIS PROGRAM IS FOR THE CITIZENS OF
THIS COUNTY, BUT WE COULD RECIPROCATE.
MS. ZIMBEROFF COMMENTED THAT THE LEAA GRANT NEXT YEAR WOULD
BE $40,000 WITH A $2,000 MATCH, AND THEY CAN APPLY FOR ON-GOING TYPE
PROGRAMS. SHE CONTINUED THAT WHEN THEY HAVE TO MATCH THE LEAA MONEY,
THEY COULD USE MONEY FROM THE HEALTH AND REHABILITATIVE SERVICES, AND
WOULD LIKE TO EXPLORE THIS FURTHER.
COMMISSIONER SIEBERT STATED THAT HE IS NOT CONCERNED ABOUT
THE $796 REQUIRED FOR THIS YEAR; BUT IS CONCERNED WITH WHAT IT COULD
LEAD TO. HE CONTINUED THAT AS THE LOCAL MATCH MUST INCREASE MORE AND
MORE, IT EVENTUALLY BECOMES A LOCAL PROGRAM.
MR. PERRY COMMENTED THAT EACH YEAR THE BOARD WOULD RECONSIDER
THE REQUEST; THEY ARE JUST TRYING TO GET STARTED AND NEED $796 TO GET
THE PROGRAM GOING - THERE IS A POSSIBILITY IT COULD SUPPORT ITSELF.
MS. ZIMBEROFF REPORTED THAT THERE SEEMS TO BE A LOT OF MONEY
AROUND FOR THIS TYPE OF PROGRAM AND THEY COULD CONSIDER THE HRS MONEY
FOR THE FUTURE. SHE CONTINUED THAT NOW THEY NEED THE SUPPORT OF THE
COMMISSIONERS. MS. ZIMBEROFF NOTED THAT THEY HAVE THEIR OWN BOARD OF
DIRECTORS AND THEIR GOAL IS TO BECOME AUTONOMOUS.
COMMISSIONER LOY ASKED WHO IS RESPONSIBLE FOR THE AUDIT.
INTERGOVERNMENTAL COORDINATOR THOMAS EXPLAINED THAT THIS IS
A FEDERAL GRANT AND,THEREFORE, THE AUDIT WOULD BE OUR RESPONSIBILITY.
ALSO, THE FEDERAL GOVERNMENT COULD AUDIT IT TOO.
COMMISSIONER LYONS COMMENTED THAT THE COUNTY NEEDS THIS TYPE
OF PROGRAM AND NOTED THAT THEY HAD A SMALL AMOUNT FOR THEIR BUDGET. HE
ASKED IF THE PEOPLE COVER THEIR OWN EXPENSES.
MS. ZIMBEROFF EXPLAINED THAT THEY WILL COVER THEIR OWN FOOD
COSTS; THE WOMEN WILL BE ASKED TO MAKE A DONATION TO PARTICIPATE IN
THE RUNNING OF THE SHELTER. SHE CONTINUED THAT THEY HAVE THE PROGRAM
FROM .JANUARY TO SEPTEMBER, 1980, AND THE BARE NECESSITIES ARE ON THE
BUDGET.
COMMISSIONER LOY FELT THE WHOLE IDEA IS TO HAVE A PROGRAM
THAT IS SUPPORTED BY THE PEOPLE IN THE COUNTY AND HOPED THEY WOULD
START OUT WITH THE ATTITUDE THAT THEY WOULD TRY TO GET THEIR MATCHING
FUNDS FROM THE COMMUNITY RATHER THAN COME BACK TO THE BOARD EACH YEAR
AS THE MATCHING FUNDS INCREASE. IF THE PROGRAM IS GOOD, THERE IS NO
QUESTION -THE COMMUNITY WILL SUPPORT IT. SHE NOTED THAT WE WOULD BE
J U L 181979 5 moK 1 PAGE �7
JUL 181979
sooK 1 PAGE x.73
THE APPLICANT IN THIS PROGRAM; AUDITS MUST BE PERFORMED, AND THERE IS
SOME EXPENSE TO THE BOARD OVER AND ABOVE THE LOCAL MATCH.
DISCUSSION FOLLOWED REGARDING VOLUNTEERS, AND MR. PERRY POINTED
OUT THAT THEY HAVE TWO CPAs ON THEIR BOARD, WHO CAN BE HELPFUL WITH
THE ACCOUNTING PROCEDURES.
CHAIRMAN WODTKE NOTED THE APPLICATION REFERRED TO LOCAL HARD
CASH BEING CONTRIBUTED, AND DISCUSSION ENSUED REGARDING IN-KIND CON-
TRIBUTIONS.
COMMISSIONER SIEBERT STATED THAT WE MUST DETERMINE WHETHER
OR NOT THE COMMUNITY WANTS THIS PROGRAM; AND WHILE THE MATCH IS SMALL,
IT IS GOING TO COST US MORE TO DO THE AUDIT. HE AFFIRMED THAT IF THE
m COMMUNITY WILL SUPPORT IT TO THE LOCAL MATCH, THEN HE WOULD BE WILLING
TO DO THE AUDIT AND LOOK AT IT NEXT YEAR.
COMMISSIONER Loy COMMENTED THAT THERE IS A GREAT DEAL OF
PAPER WORK WE WOULD BE RESPONSIBLE FOR, SUCH AS THE REPORTS AND THE
AUDITS, AND WE DON T HAVE THE TIME FOR THIS.
COMMISSIONER SIEBERT CAUTIONED THAT SOME PROGRAMS TEND TO
GET OVERLY AMBITIOUS.
COMMISSIONER LYONS FELT THE BOARD OUGHT TO GIVE THEM THE SEED
MONEY TO GET THEIR PROGRAM LAUNCHED.
MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE SPONSOR FOR
THE SUBGRANT OF LEAA FUNDS FOR A PROJECT KNOWN AS "HELP FOR BATTERED
HOMES" AND THAT THE CHAIRMAN AND -THE FINANCE OFFICER BE AUTHORIZED TO
SIGN ALL NECESSARY PAPERS, AND THAT WE ADOPT RESOLUTION N0. 79-64,
SUBJECT TO REVIEW BY OUR ATTORNEY.
DISCUSSION FOLLOWED ON VARIOUS ASPECTS OF THE RESOLUTION,
PARTICULARLY ITEMS 3 AND 4.
ATTORNEY BROWN STATED HE WOULD INTERPRET THAT THE MINIMUM
CONTRIBUTION MUST BE IN CASH, BUT ANYTHING IN ADDITION CAN BE IN FUNDS
AND IN-KIND, IF THE COUNTY WANTED TO GO BEYOND THAT. HE FELT THERE
WAS NO PROBLEM WITH THAT.
CHAIRMAN WODTKE COMMENTED THAT IF IT IS GOING TO TAKE $1,000
FOR THE AUDIT, IT SHOULD REFLECT THE COST OF THE AUDIT.
INTERGOVERNMENTAL COORDINATOR THOMAS QUESTIONED WHETHER OR
NOT IT IS AN ALLOWABLE ADMINISTRATIVE EXPENSE.
CHAIRMAN WODTKE MENTIONED THE NEW LAW WHICH REQUIRES THAT THE
COUNTY DO THE AUDITING THAT THE STATE HAS ALWAYS DONE, AS THEY NO LONGER
HAVE THE STAFF TO DO IT. HE CONTINUED THAT NOW IT IS OUR RESPONSIBILITY
AND THIS PUTS AN ADDITIONAL COST FACTOR ON THE COUNTY TAXPAYERS - HE
WAS HOPEFUL THAT THEY COULD GET AN EXTRA $500 OR $600 ALLOCATION ON THE
GRANT TO COVER THE AUDIT AS HE WOULD LIKE TO COST -OUT THE PROGRAM AS
MUCH AS POSSIBLE.
INTERGOVERNMENTAL COORDINATOR THOMAS REFERRED TO THIS AS
"INDIRECT COSTING" AND SUGGESTED MS. CIMBEROFF ASK LEAA IF THEY COULD
APPLY FOR THIS AS THEY MIGHT HAVE MONEY AVAILABLE IN THAT FUND FOR
THIS AUDIT.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
RESOLUTION N0. 79-64 IS HEREBY MADE A PART OF THE MINUTES.
JUL 181979 7
BOOK 41 PAGE 174
J U L 181979
EXHIBIT A
MOO 41 WHIM
SUBGRA=. RESOLUTION No . 7 9 - 6 4
WLiEREAS, The Board of County Commissioners of Indian River County,
Florida, herein called the "Applicant" after thorough consideration of
the problem and available data, has hereby determined that the project
described below is in the best interests of the general public:
To establish a shelter for battered spouses and their
children who choose to be removed from a potentially or
actually dangerous domestic situation. This will provide
local law enforcement with the option of referring spouse
abuse victims to a shelter, thereby decreasing the possi-
bility that they will again be recalled to that have for
additional domestic disturbance calls.
Individual as well as group counseling will be provided
and the maximum stay will be six (6) weeks. Counseling will
be directed towards fostering awareness of individual capa-
bilities and responsibilities. Full utilization will be
made of presently existing toms mity resources.
The shelter staff will work in conjunction with local
law enforcement agencies to provide valid statistics and
improved abilities to deal with this difficult problem of
spouse abuse.
WBEREAS, under terms of Public Law 90-351, as amended, the United
States of America has authorized the Law Enforcement Assistance Admirii-
stration, through the Florida Bureau of Criminal Justice Planning and
Assistance, to make Federal Grants to assist local governments in the
improvement of criminal justice; and
WHEREAS, the Applicant has examined and duly considered such Act
and the Applicant considers it to be in the public interest and to its
benefit to file an application under said Act and to authorize other,
action in connection therewith;
BE IT RESOLVED BY THE BOARD OF COUNTY CMItSSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, IN OPEN MTVG ASSDIBLED IN TI- CITY OF
VERO BEACH, FLORIDA, TELE 5th DAY OF JUDY ,1979, AS FOLLOWS:
PAGE ONF OF 1I UMT
1. That the project generally described above is in the best
interests of the Applicant and the general public.
2. That the Mental Health Association and Spouse Abuse of
Indian River County, Inc., be hereby authorized to file in behalf of
the Applicant an application in the form prescribed by the Florida
Bureau of Criminal Justice Planning and Assistance for a grant to be
made to the applicant to assist in defraying the cost of the project
generally described above.
3. That if such grant be made, the Applicant shall provide or
make necessary arrangements to provide such funds and/or in-kind con-
tributions in addition to the grant as may be required by the Act to
defray the cost of the project generally described above.
4. That the Applicant is aware that the minimum required non-
federal cost of the project be appropriated cash and that such funds
designated as local heard Cash contributions in all related project
budget schedules that are to be provided by the Applicant are hereby
appropriated new funds for Criminal Justice use for the express pur-
pose of notching the LEAA or•JJDP Funds.
14,334.00 LEAA Funds
796.00 State Buy -In
796.00 Local Match
5. That said the Mental Health Association and Spouse Abuse of
Indian River County, Inc., is hereby authorized to furnish such infor-
mation and take such other action as may be necessary to enable the
Applicant to qualify for said grant.
6. That the Official designated in the preceding paragraph is here-
by designated as the authorized representative of the Applicant for the
purpose of furnishing to the Florida Bureau of Criminal Justice Planning
and Assistance such information.,r data and documents pertaining to the ap-
plication for said grant as may be required and otherwise to act as the
authorized representative of the Applicant in connection.with this appli-
cation.
7. That the original or certified copies of this resolution be in-
cluded as part of the application for said grant to be submitted to the
Florida Bureau of Criminal Justice Planning and Assistance.
PAGE 'IVO OF TIUM,
BOOK 41 PAGE x.76
JUL 181979 _.
JUL 1.8 1979
BnoK 41 FADE 177
8. That if such grant be made, the Applicant of Official designated
in paragraph 4 above shall maintain such records necessary and furnish
such information, data and documents as required by the Florida Bureau of
Criminal Justice Planning and Assistance to support the implementation of
the project generally described above.
9. That this resolution shall take effect immediately upon its adop-
tion.
DONE AND ORDERED in open meeting.
BOARD OF COUNTY CUMSSIONERS
INDIAN RIVER COUNTY
s _ Chairman i
Conmissioner Loy offfered the foregoi'
resolution and moved its adoption, which was seconded' by„
CaTnissioner Siebert
Upon roll call, the vote was:
Ayes: ; Commissioners 1 Lyons, Deeson and Chairman Wodtke
Nays:
None
Absent and/or Not Voting: None
Date: July 18, 1979
ATTEST: \
BY:Cli
Clerk'
PAGE THREE OF THREE
WENDY LANCASTER, OF THE PLANNING DEPARTMENT, APPROACHED THE
BOARD REGARDING A REQUEST FOR TENTATIVE APPROVAL OF OLD SUGAR MILL
ESTATES, UNIT 2, OWNED BY THE TRUSTEES UNDER THE WILL OF WALDO E.
SEXTON, REPRESENTED BY JAMES L. REINDORF, AGENT, SHE REPORTED THAT
THIS 35 ACRE PROPERTY IS WEST OF IDLEWILD SUBDIVISION ON 12TH STREET
AND WAS REZONED RECENTLY TO R-lAA RESIDENTIAL FROM A -AGRICULTURAL.
MISS LANCASTER CONTINUED THAT THERE WILL BE 41 LOTS, WHICH WILL BE
SERVICED BY INDIVIDUAL WATER AND SEWER, AND ONE LOT (#6) WILL REQUIRE
DEMUCKING BEFORE DEVELOPMENT.
PLANNING DIRECTOR REVER STATED THAT THE TECHNICAL REVIEW
COMMITTEE FELT THIS SUBDIVISION COULD BE LAID OUT BETTER THAN AS IT
IS BEING PRESENTED TODAY. HE CONTINUED THAT IT DOES NOT PROVIDE ANY
KIND OF ACCESS OTHER THAN AT 12TH STREET, AND INTERNAL FLOW OF TRAFFIC
IS SOMETHING THAT THE COUNTY WILL NEED MORE AND MORE. MR. REVER UNDER-
STOOD THAT THERE HAVE BEEN RUMBLINGS FROM EXISTING NEIGHBORS REGARDING
CONNECTING ROADS TO THE SURROUNDING SUBDIVISIONS, BUT EMPHASIZED THAT
THESE ARE COUNTY ROADS. HE STATED THAT THE APPLICANT HAS PROVIDED A
70' RIGHT-OF-WAY INTERNALLY WHICH HE FELT IS EXCESSIVE, PARTICULARLY
IN VIEW OF THE FACT THAT THEY ARE RELUCTANT TO GIVE 20' ADDITIONAL RIGHT-
OF-WAY FOR THE DEVELOPMENT OF A 70' RIGHT-OF-WAY ON 12TH STREET. MR.
REVER STATED THAT IT MEANS YOU HAVE AN INTERNAL SYSTEM OF RESIDENTIAL
ROADS ON A 70' RIGHT-OF-WAY WITH ONLY ONE ACCESS FOR TRAFFIC TO A
COLLECTOR ROAD, WHICH ONLY HAS A 50' RIGHT-OF-WAY. HE NEXT DISCUSSED
A PROBLEM OF MUCK ON LOT 6 AND ALSO AT THE INTERSECTION OF 13TH PLACE
AND 48TH AVENUE, WHICH WILL HAVE TO BE DEMUCKED TO SUPPORT A ROAD BED.
HE FELT THE APPLICANTS WERE AWARE OF THESE POINTS BUT WERE RELUCTANT
TO MAKE ANY CHANGE IN ORDER NOT TO MAKE ANY STATIC IN THE NEIGHBORHOOD.
COMMISSIONER SIEBERT STATED THAT THE BOARD PROMISED THE PEOPLE
IN THAT AREA THAT WE WOULD NOT MAKE THROUGH ROADS.
PLANNER REVER COMMENTED THAT ADMINISTRATOR JENNINGS CONCURRED
WITH HIM THAT THE DEVELOPER COULD GO BACK TO 60' ON THE INTERNAL RIGHT-
OF-WAY; GIVE THE COUNTY 20' FOR THE RIGHT-OF-WAY ON 12TH STREET; AND BY
CONNECTING TO THE EXISTING ROADS, COULD GAIN AN EXTRA LOT.
J U L 18 1979 BOOK 41 PAGE 178
11
r
JUL 181979 BOCK
41 FADE1 I9
ENGINEER BEINDORF STATED THAT THE INTERIOR LAYOUT OF THE SUB-
DIVISION WASN'T NECESSARILY CREATED BECAUSE OF THE COMPLAINTS OF THE
SURROUNDING PROPERTY OWNERS. HE STATED THAT IF YOU ARE GOING TO DEVELOP,
YOU DON'T WANT ANY MORE TRAFFIC GOING THROUGH; THEREFORE, THEY DON'T
WANT TO CREATE ANY THROUGH STREETS. MR. BEINDORF FELT THERE IS AN SO'
RIGHT-OF-WAY ON 12TH STREET. HE STATED THAT 50' WAS GRANTED BY THE
SEXTON FAMILY BACK IN THE 1960S. THE OTHER 30' LIES TO THE SOUTH OF
THE PAVEMENT FOR THE DRAINAGE AND THE 50' THAT IS IN THERE NOW WILL
HOUSE THE PAVING AND THE UTILITIES. MR. BEINDORF STATED THAT THEY ARE
NOT GOING TO PUT IN ANY DRAINAGE ON 12TH STREET AND DON'T INTEND TO
RUN ANY SWALES ON 12TH STREET.
PLANNER REVER REBUTTED WHAT ENGINEER BEINDORF STATED AND
PRESENTED A MAP INDICATING THE RIGHTS-OF-WAY. DISCUSSION ENSUED AND
MR. REVER FELT 70' WAS NEEDED TO ACCOMMODATE TRAFFIC ON 12TH STREET;
NOT FOR A FOUR LANE ROAD, BUT A WIDER ROAD WITH SHOULDERS.
ADMINISTRATOR JENNINGS FELT THIS IS THE FIRST PLAT THAT POSED
THIS SORT OF A SITUATION. ORIGINALLY, THERE WAS A 60' RIGHT-OF-WAY -
3O' FOR ROAD AND 30' FOR DRAINAGE. HE CONTINUED THAT MR. SEXTON GAVE
2O', MAKING A TOTAL OF 80' BUT THERE IS REALLY ONLY 50' THAT -YOU ARE
LEGALLY ENTITLED TO USE AT THIS TIME. ADMINISTRATOR JENNINGS STATED
THAT HE COULD SEE THE PLANNER'S THINKING AND AGREED THAT, IN THE FUTURE,
THIS IS GOING TO BE MORE OF A PROBLEM AS THE POST OFFICE, THE FIRE AND
POLICE DEPARTMENTS MUST TRAVEL FURTHER BECAUSE OF THE LACK OF NORTH -
SOUTH ACCESS ROADS IN THAT AREA.- ADMINISTRATOR JENNINGS STATED THAT WE
CANNOT CONTINUE TO GO ON PRECEDENT DUE TO THE WAY THE COUNTY IS GROWING.
PEOPLE MUST REALIZE THAT THESE ARE PUBLIC ROADS,AND WE MUST ESTABLISH
A POLICY THAT WILL GUARANTEE SUFFICIENT RIGHT-OF-WAY TO BUILD SUITABLE
ARTERIAL ROADS.
DISCUSSION FOLLOWED ON DRAINAGE AND SWALE DITCHES, AND IT WAS
UNDERSTOOD THAT THERE WILL BE NO CURBS OR GUTTERS IN THE,SUBDIVISION.
ADMINISTRATOR JENNINGS FELT THAT WITH A 60' RIGHT-OF-WAY, YOU CAN GET
THE SWALES IN, BUILD THE ROADS, AND FLATTEN OUT THE SLOPES 5' OW EACH
SIDE. HE CONTINUED THAT THERE ARE GOOD POINTS IN THE PLAN AND SAID
THAT THE PLANNER IS DOING WHAT A PLANNER SHOULD DO - LOOKING AHEAD BY
LOOKING FOR MORE RIGHTS-OF-WAY; AND YOU WILL NEED MORE ON 12TH STREET
THAN YOU WILL IN THE SUBDIVISION.
COMMISSIONER SIEBERT ASKED WHAT THE TECHNICAL REVIEW COMMITTEE
RECOMMENDED.
PLANNER REVER STATED THAT THE TECHNICAL REVIEW COMMITTEE GAVE
SPECIFIC RECOMMENDATIONS TO THE APPLICANT AND THEY OUGHT TO BE INCOR-
PORATED INTO THE SUBDIVISION. IF THEY ARE NOT, THE APPLICANT SHOULD
HAVE TO DEFEND THEIR POSITION TO THE BOARD.
COMMISSIONER LOY FELT THERE IS NO CHOICE BUT TO REQUIRE THE
ADDITIONAL 20' AS IT DOES TAKE CARE OF THE DRAINAGE. SHE CONTINUED
THAT THE REQUIREMENTS SAY 50' OR 60' INSIDE THE SUBDIVISION, AND THAT
IS WHAT YOU HAVE TO GO TO IN ORDER TO GIVE UP 20' ON THE MAIN STREET.
ENGINEER BEINDORF STATED THAT IF THE MAP IS CORRECT, HE WOULD
SUGGEST TO MR. SEXTON NOT TO ARGUE ANY MORE ON THE 70'. MR, BEINDORF
FELT THAT IF THEY CAN CONCEDE ON THE LAYOUT, THAT IS A BIG FACTOR FOR
THEM, THE NEIGHBORS, AND THE BOARD.
COMMISSIONER SIEBERT STATED THAT THE PLANNER HAS DONE A GOOD
JOB,BUT THERE ARE POLITICAL CONSIDERATIONS, AND THE BOARD IS PRETTY WELL
COMMITTED TO THAT. COMMISSIONER SIEBERT STATED HE WILL GO ALONG WITH
THE TECHNICAL REVIEW COMMITTEE AND ASK FOR THE ADDITIONAL 20'.
ENGINEER BEINDORF STATED THEY INTEND TO LEAVE 20' ON THE EAST
SIDE, WHICH WILL ALLOW FOR THE DRAINAGE DITCH, SO THEY WILL HAVE TO DO
SOME REFIGURING, AND REDO IT IN ADJUSTING THE RIGHT-OF-WAY AND IT
COULD CHANGE THE NUMBER OF LOTS.
ADMINISTRATOR JENNINGS WANTED TO MENTION, FOR THE RECORD, THAT
IF IT HAD NOT BEEN FOR THE SEXTON FAMILY GRANTING THE RIGHT-OF-WAY ON
THE EAST SIDE OF THE SUBDIVISION, IDLEWILD WOULD HAVE BEEN BLOCKED IN
AND FLOODED.
ATTORNEY BROWN FELT THAT THE PLAT IS GOING TO HAVE TO BE
COMPLETELY REVISED AND POINTED OUT THAT THE BOARD IS CHARGED WITH
APPROVING ANY CHANGES OR MAJOR ADDITIONS.
RALPH SEXTON ASKED THE BOARD TO PLEASE RECONSIDER THEIR
POSITION AND ACCEPT THE PLAN AS PRESENTED FOR SEVERAL REASONS: FLORIDA
POWER & LIGHT POLES ARE ALONG 12TH STREET, AND THEY HAVE PROVIDED A 10'
BOOK 41 PAGE1,00
J U L 181979
13
T BOOK
JUL 181979
41 FAG£ 181
EASEMENT, AND ALSO HAVE GIVEN FREELY AN EASEMENT ON THE EAST SIDE SO
THAT IDLEWILD CAN BE DRAINED. ALSO, IT WOULD BE A CONSIDERABLE EXPENSE
AND A TIME-CONSUMING SITUATION FOR THEM TO GO BACK, REDO THE PLAT, AND
APPEAR BEFORE THE BOARD AGAIN. HE EMPHASIZED THAT IT WOULD BE A REAL
PROJECT TO HAVE TO MOVE THE UTILITY POLES, AND HE ALSO FELT THAT HAVING
A 70' RIGHT-OF-WAY IN THE SUBDIVISION WOULD MAKE IT BETTER FROM A
CONSERVATION STANDPOINT.
DISCUSSION FOLLOWED REGARDING THE FPL POLES,AND IT WAS DETER-
MINED THAT FPL IS ON COUNTY RIGHT-OF-WAY AT THE PERMISSION OF THE
COUNTY.
ADMINISTRATOR JENNINGS STATED THAT WHEN WE GET INTO A REAL
NEED FOR -MOVING THOSE POLES, THEN THE COUNTY WOULD GO TO FPL AND ASK
THAT THEY MOVE THEM. HE CONTINUED THAT HE DIDN'T FEEL THIS SITUATION
WOULD HAPPEN TOMORROW, BUT SOMETIME IN THE FUTURE IT MIGHT. HE FURTHER
STATED THAT IF THE DRAINAGE DISTRICT ENLARGES THE CANAL AT 12TH STREET,
MORE ROAD SHOULDER? WILL BE NEEDED. ADMINISTRATOR JENNINGS STATED THAT IN
LONG-RANGE PLANNING, HE WOULD HAVE TO CONCUR WITH THE PLANNER AND THAT
IS THE DECISION THAT IS GOING TO HAVE TO BE MADE ON FUTURE PLATS.
CHAIRMAN WODTKE ASKED IF THE BOARD COULD REQUIRE THE:ADDITIONAL
20' IN THE FORM OF A UTILITY AND DRAINAGE EASEMENT.
ADMINISTRATOR JENNINGS STATED HE DIDN'T FORESEE PAVEMENT GOING
OVER THAT 20' BUT WHEN YOU MOVE THE ROAD, ADEQUATE SPACE WILL BE NEEDED
FOR DRAINAGE.
MR. BEINDORF REPORTED THAT AS A POSSIBLE ALTERNATIVE, MR.
SEXTON SUGGESTED WE COULD USE THE SETBACKS FROM THE EASEMENT LINE IN
LIEU OF THE ACREAGE LINE.
PLANNER REVER COMMENTED THAT THERE IS A POSSIBILITY THE COUNTY
MIGHT WANT TO PUT IN DECELERATION LANES. HIS ALTERNATE SUGGESTION WAS
TO SPLIT THE DIFFERENCE AND HAVE A 10' RIGHT-OF-WAY DEDICATED TO THE
COUNTY AND A 10' EASEMENT THAT WOULD REMAIN WITH THE DEVELOPERS FOR
UTILITIES AND DRAINAGE.
MR. BEINDORF AGREED AND STATED THAT THE COUNTY WOULD NOT BE
PUTTING PAVEMENT IN ON THE LAST 10'.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF OLD SUGAR MILL
ESTATES, UNIT 2, SUBJECT TO THE PLAT BEING REVISED TO GIVE THE COUNTY
A IO' RIGHT-OF-WAY ON 12TH STREET WITH AN ADDITIONAL 10' EASEMENT FOR
UTILITIES AND DRAINAGE.
WENDY LANCASTER, APPROACHED THE BOARD REGARDING A REQUEST FOR
TENTATIVE APPROVAL OF MIRAFLORES SUBDIVISION, UNIT 2, REQUESTED BY
S. P. MUSICK REPRESENTING OWNER NORMAN HENSICK. SHE CONTINUED THAT
THE PROPERTY, CONSISTING OF 11 ACRES, IS LOCATED ON REBEL ROAD AND
THERE WILL BE A MINIMUM OF 1/2 ACRE FOR EACH LOT. MISS LANCASTER STATED
THAT THE DEVELOPER HAS PROVIDED AN ADDITIONAL 20' RIGHT-OF-WAY ON
REBEL ROAD AND THE PLANNING DEPARTMENT RECOMMENDS TENTATIVE APPROVAL
BE GIVEN.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF MIRAFLORES
SUBDIVISION, UNIT 2.
THE BOARD NEXT TOOK UP A REQUEST FROM R. DENNIS TWEED REGARD-
ING FUNDS NEEDED TO EXTEND A COMMUNITY WORK PROJECT FOR JUVENILE
DELINQUENTS, AS PER THE FOLLOWING LETTER AND ATTACHMENTS:
J U L 181979 BOOK 41 PAGE 182
15
r BOCK 1 PAGE183
JUL 181979
STATE OF FLORIDA
' if
DEPARTMENT OF Bob Graham Jovernor
Health & Rehabilitative Services
OFFICE OF YOUTH SERVICES
1235 16th Street
Vero Beach, Florida 32960
July 11, 1979
The Honorable William C. Wodtke Jr., Chairman
Board of County Commissioners
Indian River County
2145 14th Avenue
-Vero Beach,=Florida 32960
Dear Chairman Wodtke:
Last September and October, a community work project for juvenile
delinquents was approved for a six.month trial period to be jointly funded
by the county and the city of Vero Beach. Since that time the Vero Beach City -
Council has agreed to an additional $600.00 in funds to extend the project;-- --
toward the end of the fiscal year. I am writing to you at this time to ask
that I be placed on your.July 18, 1979 agenda in order to request a similar
funding extension.
I am including a brief report outlining the statistical information
compiled on the project prior to its review by the City Council in June. By
the time of your meeting I may have further information that may be of interest.
I hope that you will review the attachments and allow me to answer any questions
that may arise.
I look forward to meeting with the commission in the near future.
RDT:cb
cc: DF
Attachments
Sincerely, q��\
r R. Dennis Tweed
District Intake Supervisor
" Office of Youth Services
� yn
• t ''U,i
_ M
.I
STATE OF FLORIDA
DEPARTMENT OF
Health & Rehabilitative
OFFICE OF YOUTH SERVICES
1235 16th Street
Vero Beach, Florida 32960
1
Bob Graham, Governor
Services
May 29, 1979
INTERIM REPORT ON THE C& IUNITY PROJECT
After receiving preliminary funding from the Vero Beach City Council and the
Indian River County Commission in September and October, 1978, the Community
Work Project for Juvenile Delinquents began functioning under the supervision
of the Vero Beach Public Works Department in November. A six month trial
period was anticipated. Original guidelines for the program had been sub-
mitted by the Youth Services Office of the Department of Health and Rehabili-
tatiVe Services in a statement to the Vero Beach City Coun;itii on September 19,
1978 (attachment A,) and a letter to the City Manager on October 13, 1978
(attachment B). Subsequent meetings between Youth Services staff and Public
Works staff resulted in further guidelines issued by the Public Works Depart-
ment on November 13, 1978 (attachment C).
The implementation of the project finally occurred on November 18, 1978, when
eight delinquent boys between the ages of.twelve and seventeen were assigned to
work from 8:00a.m. to 2:30p.m. on ode of the City's public beaches. Since that
date, work crews of five to ten boys have successfully completed assignments on
twenty Saturdays. .
After completion of the twentieth week (Play 19, 1979), an attempt was made to
gather statistical information that might prove useful in determining the merits
of the project. The results of that review follow:
1. A total of 48 boys, ranging in age from 12 to 18 years, were
assigned to the Work Project.
2. In the twenty weeks completed, 204 assignments have been made
for an average of about four weeks per juvenile. The range
in assignments thus far has -.been from two to twelve weeks.
3. Of the 48 boys assigned, 30.�boys have completed their assign-
ments. Of those 30 boys, four have subsequently been found
guilty of new law violations and one was shot and killed while
trying to break into a neighbor's truck. Those five.boys have
created a Recidivism Rate of 16.6`10 thus far. The Juvenile Court
committed three of the boys to Youth Services facilities as a
result of their new crimes. The remaining recidivist was
continued on probation and returned to the Work Program by the
Court. Two other boys who have completed the program have had
problems arise. One child violated his probation in a minor
way and was assigned two additional Saturdays to work as a
form of discipline. The other bqy was charged with a relatively
serious charge that was dropped by the Assistant State Attorney
for lack of evidence.
4. Although the recidivism rate on the first 30 boys completing
BOOK 41 PAGE 184
BGGKFAGC ��
JUL 181979
INTERIM REPORT ON THE COt•MUNITY PROJECT (cont) Page Two
the program is likely to grow to some extL:nt,
it can be favorably compared to a recently released
district wide rate. Figures from February of this
year show that juveniles under Youth Services super-
vision In Palm Beach, Martin, St. Lucie, Okeechobee,
and Indian River counties have a 61% monthly rate of
new law violations. With the average length of super-
vision currently at 9.8 months, the ,general recidivism
rate is 58.8% while under supervision. Less than 51.
of the 1533 juveniles on supervision in this District are
currently involved in any type of Work Program.,
s S. Of the 204 assignments made during the first 20 Saturdays,
absences totalled 53. That absenteeism rate can be
divided into tyro figures: 29.2% during the first ten
weeks and 23.2% during the second ten weeks. On Mondays,
the Youth Services Counselors having responsibility for
the assigned boys, explore.the reasons for the absences.
During the first ten weeks, 16 of the 28 absences were
excused for various reasons such as illness or transpor-
tation problems. During the second ten weeks, 15 of 25
absences were excused. Those youths having unexcused
absences have consistently been assigned penalty hours
on the Work Project. Currently two juveniles are awaiting
Court action,:and possible commitment to a Youth Services
facility, for their repeated absences.
In reflecting on the original goals of the Community Mork Project, it should be
noted that increased consequences for delinquent acts, service to the community,
and a long term decrease in delinquent activity were the reasons for the ex-
periment. It is too early to ascertain what deterrent effect this project
may have, but the remaining two goals seem to have already been reached.
STATE OF FLORIDA
DEPARTMENT OF
Health &
Reubin O'D Askew. Governor
Rehabilitative Services
September 19, 1978
PROPOSED GUIDELINES FOR PUBLIC WOUS DEPARTMENT SUPERVISION OF COM.1UNITY {FORK PROJECT
FOIZ
JUVENILE OFFENDERS
The Youth Services Office will assign between six ten children, of the ages of
twelve through seventeen, to work for the City Public Works Department on Saturdays
from 8:00 a.m. to 2:30 a.m. A half-hour lunch will be included in that time period.
Participants in the program will bring their own lunch and the Public Works Dept.
will provide water.
Each. Thursday, Public Works will inform Youth Services of the work site for the
following Saturday. Each Fr.i.day, Youth Services will provide Public Works with a
time sheet listing the youths assigned to the work crew.
Assignees will call Youth Services on I-ridays for the next work location. Assignees
will provide their own transportation to the work site. In emergencies Youth Services
will provide transportation.
On Saturdays, Public Works will provide a supervisor for the children at the work site.
Those children arriving no later than 8:15 a.m. will be listed as present on the
time sheet. Those -children arrving after 8:15 a.m. will be sent home and listed on the
time sheet as having arrived too late to provide a proper day's labor.
Any child misbehaving will be given two warnings by the supervisor before being sent
home. Any child not appearing for work or sent home early will receive no credit for
the day worked and will be assigned two days work for the one day missed. Any €hild
failing to complete three days of his assigned work load will be referred to the
Juvenile Court for further action. Exceptions to this rule for such problems as
illness will be the decision of the child's Probation Counselor.
Assignees will be told to carry $.25 (cents) for emergency phone calls. If they
become sick or are told to leave tho job site for misbehavior, the supervisor will
tell them to call their parents to nick them up. If their parents are not available,
Youth Services will be available for emergency transportation.
Time sheets will -be picked up from Public Works by Youth Services on Mondays.
Work crews will not be sexually integrated without Public Works -Department approval.
. IZD'1' : mb
J U L 181979 BOOK 41 FAiaE 186 UL
JUL 18 1979
41 187
DENNIS TWEED APPROACHED THE BOARD AND STATED THAT AFTER THE
FIRST 20 WEEKS OF THE PROGRAM, THE CITY APPROVED THE EXTENSION OF THE
WORK PROGRAM FOR $600 TO CARRY IT TO OCTOBER 1, 1979. HE CONTINUED
THAT THE 48 BOYS FROM 12 TO 18 YEARS OF AGE, WHO WORKED FROM 8:00 A.M.
TO 2:30 P.M. WITH 1/2 HOUR FOR LUNCH, PULLED WEEDS AND RAKED LEAVES.
MR. TWEED REPORTED THAT THE CITY HAS NOT GIVEN THEM ANYTHING MORE
DIFFICULT TO D0, SUCH AS MOWING OR PAINTING - AND THEY HAD TO SEND A
FEW CHILDREN HOME DUE TO DISCIPLINE PROBLEMS. HE STATED THAT THE ISSUE
OF ABSENTEEISM - 25% IN 20 WEEKS - WAS SOMEWHAT OF A PROBLEM.
COMMISSIONER SIEBERT ASKED IF HE HAD SUBMITTED A BUDGET FOR
NEXT YEAR, AND IF HE HAD NOT, TO GET WITH THE FINANCE OFFICER SOON.
CHAIRMAN WODTKE FELT THAT IF THE JUDGE REQUIRES THE CHILDREN
TO WORK, THEY SHOULDNIT HAVE TO BE REMINDED TO BE AT THE WORK PROGRAM.
MR. TWEED EXPLAINED THAT THEY DEAL WITH RETARDED CHILDREN
AND SOME THAT HAVE LOW IQs. HE STATED THAT THEY ARE DOING "SUBSTITUTE
PARENTING" FOR THE CHILDREN; ALSO SOME CHILDREN DO NOT HAVE TRANSPORTA-
TION. MR. TWEED REPORTED THAT IF A CHILD MISSES A WORK DAY, HE MUST
DOUBLE THE WORK LOAD THAT HE HAS MISSED; AND THEY HAVE HAD 6 OUT OF 60
WHO HAVE JUST REFUSED TO G0, AND SOME OF THESE CHILDREN HAVE BEEN
COMMITTED.
COMMISSIONER LOY ASKED IF THE JUDGE IS GIVING THEM SUPPORT.
MR. TWEED STATED THAT IN MOST CASES, THEY DON T HAVE TO TAKE
THEM BACK TO COURT FOR VIOLATION OF REFUSING TO DO THEIR WORK.
COMMISSIONER SIEBERT EMPHASIZED THAT THEY SHOULD NOT BE
WISITY-WASHY WITH THE OFFENDERS - THEY FOUND TRANSPORTATION TO COMMIT
THE CRIMES.
MR. TWEED FELT THEY HAVE TO SHOW THEM SOME PATIENCE BECAUSE
THERE ARE NO FACILITIES FOR THEM, AND THE JUDGE USUALLY GIVES THEM
ANOTHER CHANCE. HE STATED THAT THE COUNSELORS ARE STERN WITH THEM,
BUT THEY ARE TRYING TO DEAL WITH JUVENILE DELINQUENTS IN A MORE HUMANE
MANNER.
DISCUSSION FOLLOWED REGARDING THE PROGRAM AND THE TRANSPORTA-
MR. TWEED REPORTED THAT THEY COULD NOT SUPPORT TWO WORK CREWS
AT THE SAME TIME BUT COULD ALTERNATE THEM. HE STATED THEY WOULD LIKE
TO SEE THE CHILDREN WORK IN THE CITY BECAUSE THEIR PEERS CAN SEE THEM;
ALSO IT IS GOOD WHEN THEY ARE WORKING ON THE BEACH SO THE PUBLIC CAN
SEE THEM.,
CHAIRMAN WODTKE STATED THAT THE REQUEST FOR FUNDS FOR NEXT YEAR
SHOULD BE MADE TO FINANCE OFFICER BARTON, AND IN THE MEANTIME, THE COUNTY
CAN UTILIZE THE PROGRAM.
COMMISSIONER LYONS SUGGESTED THE ADMINISTRATOR BE CONTACTED
IF THEY WILL BE WORKING ON COUNTY PROPERTY.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY AUTHORIZED $600 FOR CONTINUING THE COMMUNITY
WORK PROJECT FOR JUVENILE DELINQUENTS UNTIL OCTOBER 1, 1979.
THE BOARD NEXT DISCUSSED A REQUEST FROM THE CITY OF FELLSMERE
MAYOR JOE B. SUIT, JR. AS FOLLOWS:
21
% ..
sou 41 FA,UE x.88
JUL 18 1979
Sao41 PacE � 9
CITY CLERK'S OFFICE
PHONE: 571-0116
POLICE DEPT. 1
PHONE: 571-1360Q.jA'�'j� f 2,.vq3,-1C11s
mere
INDIAN RIVER COUNTY
POST OFFICE BOX 38
FELLSMERE, FLORIDA -32948 r� � 2P ?,0
` ' i
v� E1lip 1979 rL"
June 26, 1979
C. ,.
Jack Jennings, County Administrator
Indian River County Court House
Vero Beach, Florida, 32960
Re: C 507, Broadway Boulevard, Indian River County
----------------------------------------------
Dear Mr. Jennings:
Enclosed, herein please find a photograph of the volunteer
Fire Department of the City of Fellsmere. As shown in this
photograph, the medium strip is immediately in front of the
access driveway to the entrance of the Fire Department,
which is an area of concern to us.
Presently, our trucks must travel from 50 feet north in the
southbound lane to the nearest paved crossover in the medium
strip in order to respond to a fire call anywhere north of
our Fire Department. Likewise, in order to refill our trucks
with water to respond to a fire, trucks travelling north on
C 507 or Broadway Boulevard to the Fire Station must go to the
paved crossover 50 feet north of the Station and make a
U turn south to gain ,access to the Fire Department driveway.
Consequently, our response time to a fire is cut by two to
three minutes. There i -s also an element of danger in performing
the above travelling by the fire trucks trying to.gain access
to their driveway.
In order to eliminate this problem, I have discussed this with
officials of the Fire Department and the City Council. They
have requested me to write this letter to -you with the
suggestion of concreting a strip 35 feet by 5 feet by one
foot deep in the medium strip.
The Fire Department has indicated that they have approximately
$100.00 to contri.bute.towards the construction cost of this
concreting and I am sure the City could match their contribution.
Something also to consider would be two flashing lights within
the medium strip, possibly at a later date, to warn oncoming
traffic that emergency vehicles are crossing the medium strip
in time of fire calls.--
Any
alls.-
Any help that can be rendered by the County would be greatly
appreciated.
Thanking you again for your continued cooperation, I am,
Si .cerely,
Joe B. Suit, J
Mayor
JBS/k
enclosure
ADMINISTRATOR JENNINGS DISPLAYED A SNAPSHOT OF THE AREA.
COMMISSIONER SIEBERT FELT THIS COULD NOT BE DONE AS IT WAS
,NOT THE BOARD'S RESPONSIBILITY TO PAVE STREETS IN MUNICIPALITIES.
r
ADMINISTRATOR JENNINGS EXPLAINED THAT THIS IS A COUNTY ROAD.
THE CITY OF FELLSMERE HAS $200 TO CONTRIBUTE TO BE USED TO PAY FOR
THE MATERIALS, AND THEY WOULD LIKE THE COUNTY TO DO THE WORK. HE
CONTINUED THAT THE COUNTY HAS QUITE A BIT OF REINFORCING STEEL AVAIL-
ABLE, AND THE COUNTY WOULD CUT OUT THE AREA, WHICH IS 5' X 35', LAY IT
TO THE SIDE, AND THEN PUT IN THE STEEL. ADMINISTRATOR JENNINGS SAID
THAT THE COUNTY COULD USE THE VOLUNTEERS TO DO SOME SHOVEL WORK - IT
CAN BE A COOPERATIVE EFFORT.
LOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER LYONS THAT THE BOARD AUTHORIZE THE CREATION OF A CROSS-OVER OF
THE MEDIAN STRIP, AS REQUESTED BY MAYOR SUIT, AND AUTHORIZE THE COUNTY
ADMINISTRATOR TO HANDLE IT AT COST, INCLUDING THE COST OF THE PEOPLE TO
DO THE JOB,
ADMINISTRATOR JENNINGS NOTED THAT THE CITY OF FELLSMERE WILL
GIVE THE COUNTY $200 FOR THE COST OF THE CONCRETE - THEY ONLY WANT TO
PAY FOR THE COST OF THE MATERIAL.
DISCUSSION FOLLOWED ALONG THOSE LINES.
COMMISSIONER SIEBERT WITHDREW HIS MOTION AND COMMISSIONER
LYONS WITHDREW HIS SECOND.
MOTION WAS MADE BY COMMISSIONER-DEESON, SECONDED BY COMMLS-
SIONER LYONS, THAT THE BOARD AUTHORIZE THE COUNTY TO DO THE WORK ON
THE MEDIAN STRIP AND ACCEPT THE $200 WITH THE UNDERSTANDING THAT THE
VOLUNTEER FIRE DEPARTMENT WILL SUPPLY ADDITIONAL LABOR AS NEEDED.
CHAIRMAN WODTKE STATED THAT THIS IS A REQUEST FROM THE CITY
OF FELLSMERE AND WE ARE COOPERATING IN A JOINT EFFORT WITH THE CITY OF
FELLSMERE ON A PARTICIPATION BASIS.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED, WITH COMMISSIONER SIEBERT VOTING IN OPPOSITION.
CHAIRMAN WODTKE ASKED APPROVAL TO ADD AN ITEM TO THE AGENDA.
23
8001( 41 FJLU
4.
f
moi 1 ME 191
JUL 181979
COMMISSIONER Loy STATED THAT DURING THE PAST WEEK, SOMETHING
VERY SPECIAL HAS HAPPENED TO THE COUNTY ADMINISTRATOR AND THE BOARD
WOULD LIKE TO MAKE RECOGNITION OF HIS BECOMING A GRANDFATHER.
THE BOARD THEN PRESENTED ADMINISTRATOR JENNINGS WITH A GIFT
FOR HIS NEW GRANDCHILD, WHICH HE PROUDLY DISPLAYED.
THE BOARD NEXT CONSIDERED THE RULES FOR USE OF THE INDIAN
RIVER COUNTY PARKS, SUBMITTED TO THEM EARLIER BY ATTORNEY COLLINS.
MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER LYONS, THAT THE BOARD ADOPT AND APPROVE THE CONTRACT FOR THE
SUPPLEMENTAL RULES AND REGULATIONS FOR LARGE GROUPS AND/OR SPECIAL
ACTIVITIES TO BE HELD IN INDIAN RIVER COUNTY PARKS.
DISCUSSION ENSUED AND THE FOLLOWING CHANGES WERE SUGGESTED:
ON PAGE 2, PARAGRAPH 5, THE WORD "OKING" BE CHANGED TO "APPROVING;" AND
ON PAGE 5, RULE E, IT WAS DECIDED TO ADD "EXCEPT RIDING ONLY IN
DESIGNATED INGRESS AND EGRESS AREAS;" AND IN PARAGRAPH 16, ITEM H,
CORRECT THE SPELLING OF THE WORD "LITTER."
COMMISSIONER Loy NOTED THAT THE PERSON APPLYING FOR A PERMIT
IS NOT GOING TO USE THE WHOLE PARK, AND SUGGESTED THAT THE APPLICANT
BE REQUIRED TO.SUBMIT A SKETCH OF THE PORTION OF THE PARK HE WILL USE,
AND IT SHOULD BE APPROVED BY THE PARK SUPERVISOR.
ATTORNEY BROWN FELT IT SHOULD BE DETERMINED WHO IS TO PROVIDE
THE INITIAL SKETCH.
COMMISSIONER LYONS SUGGESTED WE PREPARE A MASTER SKETCH, WHICH
WILL BE A MAP OF THE PARK.
ADMINISTRATOR JENNINGS STATED THAT THE COUNTY WOULD PREPARE
A MASTER SKETCH OF THE PARK, AND THE AREA THAT THE PARTICULAR PERMIT
IS ISSUED FOR WOULD BE DESIGNATED ON THE SKETCH.
COMMISSIONER SIEBERT SUGGESTED THAT THE SKETCH SHOULD BE
PREPARED IN CONSULTATION WITH THE PARK SUPERVISOR.
COMMISSIONER LYONS FELT "DESIGNATING' MIGHT BE THE WORD TO
USE INSTEAD OF "APPROVING" ON PAGE 2, PARAGRAPH 5.
ATTORNEY BROWN COMMENTED THAT ANOTHER -SENTENCE SHOULD BE ADDED
TO THE EFFECT THAT "THE PREPARATION OF THE SKETCH DESIGNATING THE
F- -1
VARIOUS AREAS, ETC., SHALL BE DONE JOINTLY WITH THE APPLICANT AND THE
PARK SUPERVISOR AND APPROVED BY THE COUNTY ADMINISTRATOR."
COMMISSIONER DEESON ASKED WHO DETERMINES THE AMOUNT OF THE
CASH DEPOSIT, AS INDICATED ON PAGE 41 ITEM 15.
COMMISSIONER LOY FELT IT WOULD BE A COOPERATIVE EFFORT HANDLED
ADMINISTRATIVELY AND THOUGHT THE ADMINISTRATOR AND THE PARK SUPERVISOR,
DEPENDING ON WHAT THEY FELT IT WOULD COST TO CLEAN THE PARK, WOULD HAVE
TO SET THE FIGURE.
ADMINISTRATOR JENNINGS NOTED THAT THE BOND WOULD VARY CON-
SIDERABLY, DEPENDING ON THE ACTIVITY; THEREFORE, IT MUST BE FLEXIBLE.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
A COPY OF THE REVISED CONTRACT IS ATTACHED AND MADE A PART
OF THE MINUTES.
L-
25
BOOK PACE �u
1.
JUL 181979
C O N T R A C T
THIS AGREEMENT made the day of
&OGS. 1 PAGE M
19 by and between INDIAN RIVER COUNTY, hereinafter referred
to as "County", and ,
hereinafter referred to as "Applicant", heirs successors and
assigns,
For valuable consideration, the parties agree as follows:
1. The parties agree that this contract is entered into
for the purposes, of establishing a procedure to lead to an
issuance of a park permit for the use of KIWANIS HOBART PARK
and for the purpose of binding the parties during the period
of applicant's use of Kiwanis Hobart Park and to insure that
Applicant abides by all rules and regulations of the park and
leaves the park in a safe and sanitary condition.
2. For the purposes of this Agreement, the County
Administrator will act on behalf of the Board of County Commis-
sioners and the Park Supervisor will be the County Administrator's
direct representative. All arrangements made by the Applicant
in connection with the proposed activity are subject to the
approval of the County Administrator or his representative. All
rules and regulations for use of the park as presently exists or
hereinafter implemented are hereby incorporated in this Agreement
and shall be binding upon the parties.
3. Applicant declares that the proposed use of the park
is ,
that the duration of the event is
and that the location of the event within the park is
The estimated number of participants involved'in the activity is
represented by Applicant to be
The Applicant agrees and understands that the park is not totally
reserved for Applicant's use and that Applicant's activity shall
M
be supervised to such a degree that it creates no hazard, danger,
or,threat to the use of the park by other participants. The
Park Supervisor and Applicant shall personally visit the site
prior to a final permit being issued and determine the most
suitable area within the park to hold the activity. The Applicant
jointly with the Park Supervisor, shall prepare a sketch as
described in Paragraph No. 5 which shall be approved by the County
Administrator. Applicant agrees to confine his activity to the
designated area once selected.
4. The Applicant agrees that no changes to grade line,
tree removal, plant destruction, damage to building, fences or
other structures will be permitted and Applicant shall be
personally responsible for any repair to damage of park property
resulting from Applicant's use.
The Park Supervisor shall provide an adequate number of
trash barrels with liners to Applicant prior to the activity
beginning. Applicant shall have the responsibility of emptying
the trash barrels on a daily basis or more often as necessary
and shall be provided with additional liners as needed. The
Applicant shall provide a general clean up of the site on at
least a daily basis or more often if it is determined by the
Park Supervisor. At the conclusion of the activity, Applicant
warrants that the site shall be returned in as good a condition
as that in which it prevailed prior to the activity commencing.
In the event Applicant neglects to empty the trash barrels or
provide them as needed, conduct a daily clean up or leave the
park grounds in satisfactory condition at the conclusion of the
activity, County may provide the necessary clean up and deduct
the cost thereof from Applicant's cash bond.
5. Applicant shall receive with the permit when issued
a sketch of the park facilities designating the various areas of
activity, including any temporary electrical or phone service,
parking areas, tables, tents, seating areas, barriers, portable
toilet locations, roads, first aid stations, fire fighting
equipment, speaking platforms, and other items required by
-2-
JUL
2-
JUL 181979 BooK 41 PAGE x.94
JUL 181979 BM 41 PA -U 195
-
Applicant's requested activity or provided by the County. Any
deviation in the location of any of the facilities mentioned
above by Applicant shall be grounds for termination of the permit.
6. Prior to the permit being issued, approval shall be
obtained by the Applicant from Indian River County Sheriff's
Department confirming that Applicant has adequate parking,
traffic flow, sufficient number of parking attendants, and other
adequate security measures. The parties agree that Indian River
County is not responsible for providing any security. The
Applicant has the sole responsibility of providing security and
shall provide a minimum of one licensed security officer per
one hundred persons in attendance. The Park Supervisor shall
have the right to modify this requirement as he deems appropriate.
7. Prior to the issuance of a permit, the Applicant shall
demonstrate provisions for adequate sanitary facilities. Sanitary
facilities must meet the standards in numbers and quality of the
Indian River County Health Department, Park Supervisor and State
Law.
8. Prior to the issuance of a permit, the Applicant shall
demonstrate the availability of potable water to the site satis-
factory to the Park Supervisor.
9. Prior to the issuance of a permit, the Applicant shall
personally confer with the fire department responsible for the
particular site area, alert them to the date, time and scope of
the activity and implement any recommendations proposed by the
designated fire department. Written approval from the fire
department must be presented to the Park Supervisor prior to the
issuance of the permit.
10. Prior to the issuance of a permit, the Applicant
must demonstrate sufficient provisions for first aid stations.
Notice shall be given to the Volunteer Ambulance Squad as to
the time, scope and location of the event. Large activities
shall have first aid stations manned by qualified personnel.
- 3 -
11. Applicant agrees as a condition to any planned water
activities that Applicant will provide qualified life guard staff -
.:ng of the lakes within the park. Applicant agrees to provide
number of qualified life guards on a full time basis
during the activity._
12. Temporary signs as authorized by the Park Supervisor
may be posted on the site prior to the activity. All signs must
be previously approved as to size, content, and location by the
Park Supervisor and removed no later than the final clean up.
13. Applicant agrees that the designated area within
the park shall•be used during the fallowing time periods:
14. As a condition to the issuance of the permit,
Applicant shall provide County with proof of liability insurance
coverage naming County as a co-insured in an amount not less
than $1,000,000.00. The insurance shall specifically cover the
type of activity planned by Applicant and insure County from all
liability that may result from County's permitting park property
to be used for the activity. The Applicant further agrees to
indemnify and hold harmless County from any liability that may
occur from Applicant's use of the County park property and agrees
to pay County's court costs and attorneys fees, including appeals,
in the event a claim is made against the County, whether or not
the claim results in litigation.
15. Prior to the issuance of permit, Applicant shall post
a cash bond in the amount of $ to insure
compliance with the permit and this Agreement. Subsequent to the
activity the Park Supervisor will inspect the area used by the
activity within the park accompanied by a representative of the
permit holder, for the purposes of insuring compliance with this
- 4 -
BOOK 41 PAGE 190'
JUL x.81979
41 GE197
Agreement. An inspection of the site area with the Park
Supervisor may be conducted prior to the event upon the request
of the Applicant. Failure of the Applicant to satisfactorily
clean up the park area or comply with all terms of this
Agreement shall result in the resulting damages being deducted
from the cash bond. In the event the cash bond is insufficient
to pay for damages resulting from Applicant's use of the park
property and failure to comply with this Agreement, Applicant
shall be responsible for any and all charges over and above
the bonded amount, including court costs and attorney's fees of
the County.
16. Applicant agrees to abide by and be responsible for
compliance with the following rules and regulations:
A.
NO ALCOHOLIC BEVERAGES
PERMITTED
IN THE PARK.
B.
Speed limit of ten (10)
miles per
hour within the park.
C. No fire works or fire arms allowed in park.
D. Pets in park area must be kept on leash.
E. Riding a motor bike or motorcycle is prohibited except
for designated ingress and egress areas.
F. Fires permitted in designated areas only (grills).
G. Swim at your own risk only in designated areas.
H. Park must be kept clean. All litter deposited in
trash barrels.
I. Children shall have priority on playground equipment.
J.
Park closes
at sundown,
unless otherwise provided.
K.
No overnight
parking or
camping is permitted.
Signed, sealed and delivered
in the presence of:
As to County
As to Applicant
-5-
INDIAN RIVER COUNTY
By
County Administrator or Park
Supervisor
Applicant
M ® M
a � �
THE HOUR OF 11:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK
READ,THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT:
VERO BEACH PRESS -JOURNAL
1
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
. /-) > .
a
in the matter of L'
in the Court, was pub-
lished in said newspaper in the issues of yy
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before me this 4—' day of - 11 A.D.-i/MLl _
(Business Manager)
(Clerk of the Circuit Court, lndi'A River County, Florida)
(SEAL)
AMENDED
NOTICE
NOTICE IS HEREBY GIVEN that the Board
of County Commissioners of Indian River
County, Florida, will hold a public hearing at
its regular meeting on Wednesday, July 18,'
1979, at 11:30 a.m., in the County Commission
Room in the Indian River County Court House,
in Vero Beach, Florida, concerning the
vacation of the plat of the subdivision known as
REPLAT OF GRENVIEW GARDENS, in- I
cluding the vacation and abandonment of the
lots, blocks, streets, and other easements for '
public purposes, as to the following -described
property:
GRENVIEW GARDENS, according to the
Replat thereof recorded in -Plat Book 5, page
10, of the Public Records of St. Lucie County,
Florida, being a subdivision of the East 1
acres of Tract 15, of Section 22, Township 33
South, Range 39 East; said land situate, lying
and being in Indian River County, Florida.
The above-described property is presently
zoned R1 -MP (mobile home park), and that it
is further being requested that the property
remain zoned RI -MP following vacation of the
plat.
At said hearing, the Board of County Com-
missioners will hear objections to said action
and will receive recommendations from the
County Planning and Zoning Departments as
to the action contemplated.
Indian River County, Florida
Board of County Commissioners
By: -s-William C. WodtkeJr.,
Chairman
July 4,11,1979.
ATTORNEY CHESTER E. CLEM, REPRESENTING LLOYD TURMAN, APPROACHED
THE BOARD REGARDING THE ABANDONMENT OF REPLAT OF GRENVIEW GARDENS. HE
CONTINUED THAT THE PROPERTY HAS BEEN ZONED R -IMP AND THERE WILL BE A
NEW PLAT FILED AT A LATER TIME BY THE NEW OWNERS.
COMMISSIONER SIEBERT STATED THAT THE BOARD WANTS TO RETAIN
THE EXISTING 40' EASEMENT. DISCUSSION FOLLOWED ALONG THOSE LINES.
ADMINISTRATOR JENNINGS EXPLAINED THAT THE BOARD DOES NOT WANT
TO ABANDON ANY EXISTING EASEMENT ON OSLO ROAD. HE STATED THAT SINCE
THIS PROPERTY IS GOING TO BE REPLATTED INTO A MOBILE HOME PARK, IT WILL
J U L 181979 31 BOOK 41 PAU I.98
�OGrE 41 PAGE 1a
JUL 18 1979
HAVE TO BE APPROVED BY THE PLANNING DEPARTMENT, AND EASEMENTS THAT THEY
MAY WANT CAN BE ACQUIRED AT THAT TIME.
ATTORNEY BROWN AND ATTORNEY CLEM REVIEWED THE LEGAL DESCRIP-
TION OF THE SUBDIVISION.
CHAIRMAN WODTKE ASKED IF THERE WAS ANYONE PRESENT WHO WISHED
TO BE HEARD. THERE WERE NONE.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
ON MOTION MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER LYONS, THE BOARD UNANIMOUSLY APPROVED VACATING THE REPLAT OF
GRENVIEW GARDENS, LESS THE SOUTH 40' AS SHOWN ON THE PLAT, BORDERING
ON OSLO ROAD.
ADMINISTRATOR JENNINGS NEXT DISCUSSED AWARDING OF BIDS FOR
ONE NEW 1979 4 -DOOR SEDAN, WHICH WERE OPENED ON JULY 12, 1979. HE
CONTINUED THAT THE BID COMMITTEE RECOMMENDS ACCEPTING THE BID OF
$5,439.00 FROM DEPENDABLE DODGE, AS SHOWN IN THE FOLLOWING BID TABULA-
TION:
BOARD OF COUNTY COMMISSIONERS
2145 -14th Avenue
Vero Beach, Florida 32960'50
BBD TABULATION
p
qy 0
�°° �' tip' • ,�00 ra
vj , y ¢, ^ j
.ra �e� 0 e�
414
i BID NO.
IRC -13
DATE OF OPENING
July 12, 1979
BID TITLE
1979 4 -door Sedan
j ITEth
ITEDESCRIPTION
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
1. One 1979 4 -door Sedan
rOO5439
00
6150
00
5965
00
5448
00
I
2. Days required for delivery
1
1
30
1
3. Est . miles per gallon (city)`
18
19-20
17
4. Est. miles per gallon (highway)
25
-
23-25
24
July 12 1979
Certified a true & correct price
re d c,
R. Donlon
hcting Chairman, Bid Co=ittee
,
32
J
MOTION WAS MADE BY COMMISSIONER SIEBERT, SECONDED BY COMMIS-
SIONER DEESON, TO ACCEPT THE BID OF DEPENDABLE DODGE, VERO BEACH,
FLORIDA, FOR ONE 1979 4 -DOOR DODGE ASPEN AS BEING THE LOWEST AND BEST
BID MEETING SPECIFICATIONS IN THE AMOUNT OF $5,439.00.
DISCUSSION FOLLOWED ABOUT THE MODEL TYPE BEING INCLUDED ON
THE BID INFORMATION.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY APPROVED ADDING TO THE AGENDA AN EMER-
GENCY ITEM REGARDING THE CONTRACT TO STUDY THE SPOIL ISLANDS IN INDIAN
RIVER COUNTY AS REQUESTED BY THE PLANNING DIRECTOR.
PLANNING DIRECTOR REVER BRIEFLY EXPLAINED TO THE BOARD THAT
THE CONTRACT WAS WRITTEN TO DEVELOP A MANAGEMENT SYSTEM TO HANDLE THE
ISLANDS, AND VARIOUS MEETINGS WERE HELD WITH COASTAL ZONE MANAGEMENT
PERSONNEL AND THE DEPARTMENT OF ENVIRONMENTAL REGULATION. HE CONTINUED
THAT A DECISION WAS MADE THAT TO TRY TO COVER ALL THE ISLANDS WOULD BE
OUT OF THE QUESTION; THEREFORE, THE SCOPE OF WORK OF THE CONSULTANT,
GRANT GILMORE, WOULD BE REDUCED, PLANNER REVER CONTINUED THAT MR.
GILMORE WOULD INVESTIGATE AND APPLY HIS KNOWLEDGE ON A VERY GENERAL
BASIS; THE STATE SUGGESTED THIS KIND OF APPROACH MAY ENABLE US TO
SOLICIT MORE FUNDS. HE FURTHER STATED THE SUGGESTION WAS MADE THAT WE
SEEK ADDITIONAL HELP TO DO THE PLANNING WITH A CONSULTANT, AND -THE
TREASURE COAST REGIONAL PLANNING COUNCIL SAID THEY WOULD BE HAPPY TO
PARTICIPATE AS THEY HAD THE EXPERTISE. THE PLANNER STATED THAT HE MET
WITH SAM SHANNON AT THE TREASURE COAST REGIONAL PLANNING COUNCIL AND
TOGETHER THEY HAVE PREPARED A SCOPE OF SERVICES ON THEIR PART TO MEET
THE PARTICULAR ASPECTS OF WORK IN THIS CONTRACT; AS IN ITEMS 2 THROUGH
4. HE REPORTED THAT HE HAD COMMITTED HIS DEPARTMENT'TO THE MAJOR PART
OF ITEM 5 RELATING*TO IN-KIND SUPPORT. PLANNER REVER EXPLAINED THAT
MR. QUINN, OF COASTAL ZONE MANAGEMENT, WAS AGREEABLE TO THIS AND SENT
BACK A LETTER AND A MEMORANDUM OF UNDERSTANDING. HE STATED THAT AFTER
MANY DISCUSSIONS, THE CONTRACT IS NOW GENERAL ENOUGH TO HAVE THE BOARD
33
BOOK 41 PAGE 200
4.
J U L 181979
mu 41 wF 201
RATIFY AT THIS TIME; AND WE MUST PREPARE TWO SEPARATE CONTRACTS WITH
HARBOR BRANCH FOUNDATION AND THE TREASURE COAST REGIONAL PLANNING
COUNCIL. PLANNER REVER NOTED THE PROBLEM THAT EXISTS IN THE TIME
ELEMENT IS THAT THE MONEY WILL RUN OUT AT THE END OF THE YEAR, AND WE
HAVE 90 DAYS AFTER DECEMBER 31ST TO FINISH UP THE REPORT, BUT THE WORK
HAS TO BE COMPLETED AND THE MONEY EXPENDED BY DECEMBER 31, 1979.
DISCUSSION WAS HELD ABOUT THE PROPOSED CONTRACTS WITH THE
OTHER TWO ENTITIES.
PLANNER REVER REPORTED THAT MONEY -WISE, IT WOULD BE SPLIT IN
HALF - $16,000 COMING FROM THE GRANT, AND $4,000 IN-KIND FROM OUR
PLANNING DEPARTMENT. HE FELT WE WILL HAVE MORE THAN ENOUGH INPUT FROM
STAFF TO ACCOMPLISH OUR PORTION OF THE TRANSACTION.
INTERGOVERNMENTAL COORDINATOR THOMAS EXPLAINED THAT THIS IS
A MODEL TYPE PROGRAM AND WE GET THE BENEFIT OF OBTAINING ALL THE INFOR-
MATION CONCERNING THE SPOIL ISLANDS.
PLANNER REVER REITERATED THAT BECAUSE IT IS SET UP AS A PILOT
PROGRAM, THE MONEY IS PASSED THROUGH FROM THE FEDERAL GOVERNMENT; AND
THAT IS WHY THE STIPULATION EXISTS TO FILTER INFORMATION TO OTHER
PLACES.
COMMISSIONER Loy STATED THAT THE DER DOESN'T REALLY CARE WHERE
OUR PORTION COMES FROM, BUT THE BOARD SAID WE COULD PARTICIPATE IN THE
PROGRAM UP TO $4,000.
PLANNER REVER COMMENTED THAT FUNDS FROM THE PLANNING DEPART-
MENT BUDGET COULD BE INCLUDED AS PART OF THE MATCHING FUNDS.
INTERGOVERNMENTAL COORDINATOR THOMAS REPORTED THAT REGARDING
THE SPOIL ISLANDS, INDIAN RIVER COUNTY IS THE MOST ADVANCED COUNTY.
PLANNER REVER NOTED THAT WE HAVE A WEALTH OF INFORMATION
ALREADY AVAILABLE WHICH WILL BE UTILIZED. HE CONTINUED THAT THE DER
DOES NOT WANT US TO GO INTO A GREAT INVENTORY ON THE SPOIL ISLANDS.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY AUTHORIZED APPROVAL OF CONTRACT DER -CM -16
'AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN.
THE CONTRACT AND MEMORANDUM OF UNDERSTANDING ARE HEREBY MADE
A PART OF THE MINUTES.
V •D \ �t Ito C21 44
• - / � 4�t,..
AN AGREEMENT FOR THE INDIAN RIVER COUNTY STUDY -
AN ANALYSIS OF INDIAN RIVER COUNTY SPOIL ISLANDS
THIS AGREEMENT, made and entered into this, the day of
197 by and between the Department of Environ-
mental Regulation, a component agency of the State of Florida
(hereinafter referred to as the DEPARTMENT) and Indian River
County (hereinafter referred to as the COUNTY) witnesseth;
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS, it is in the state and national interest to
protect and maintain our natural resources; and
WHEREAS, state policies for management of the coastal
zone of Florida should,to the maximum extent possible, be im-
plemented by local governments; and
WHEREAS, significant development limitations exist on
spoil islands; and
WHEREAS, this project will formulate a plan for the
optimal use of spoil islands;
NOW, THEREFORE, in consideration of the premises and
the mutual covenants herein contained, and .for other good and
valuable consideration, the DEPARTkENT agrees to employ the
COUNTY and the COUNTY agrees to perform all work described here-
in, or hereinafter authorized, upon the terms and conditions -
stated.
SECTION I.
SCOPE OF THE PROJECT
A., Project Objective.
This project is intended to develop a program for the
management and protection of the spoil islands located in
Indian River County.
B. Responsibilities of the COUNTY
The COUNTY has overall responsibility, for coord hiati.on
and completion of this project. Details of. specific [,inks
are set forth below:
J U L 181973 BOOK 41 PAGE ���
JUL 18 1979
-2--
Task
2=
Task 1: Resource Inventory
The resource inventory shall include:
UGC 1 FAGUE 203.
A.- The mapping of the forty-three spoil islands
located within Indian River County at a scale of
1"=200' or larger. This mapping will be based
upon aerial photography supplemented by extensive
field checking.
B. A study of the changing characteristics of the
islands utilizing aerial photography taken during
the past thirty years. The purpose of this study
will be to determine both the changing size -and
shape of the islands and the succession of vege-
tation through the period. Special attention will
be given to the study of the changing dominance
of native versus non-native species. Where feasible,
observable changes in adjacent marine grass beds
will be noted.
C. An inventory of the existing physical characteristics
of the spoil islands. This inventory shall include
the identification of existing vegetation, soil
types, adjacent marine grass beds, and any man-
made structures.
D. An inventory of the wildlife which inhabits or
utilizes these islands. Particular emphasis will
be given to identifying avian nesting and breeding
areas.
Task 2: Resource Analysis
The data collected as a part of the resource inventory
will be analyzed to determine the optimum utilization of
each of the spoil islands and the adjacent water areas.
This analysis shall include consideration of -proposals for
the islands including: nondevelopment; limited development
for passive recreation; development of picnic, hiking, and
camping areas; restriction of boating activities in sensi-
tive grass beds areas; and replanting of native vegetation.
-3 -
Task 3: Development of Management Program
A management program .for the spoil islands will be
developed. This program will include the following
elements:
A. Location of areas to be closed to public use and
methods of reserving environmentally sensitive lands.
B. Location of areas suitable for replanting and recom-
mendation of species to be removed and species to be
included in island revegetation.
C. Location of all development areas including specific
uses for each area.
D. Approximate costs of all proposals and evaluation
of possible methods of funding.
E. Management techniques to be used in implementing the
plans .including proposals for policing the spoil
islands area.
Task 4: Project Coordination
The COUNTY will closely coordinate this project with
interested local, state, regional, and federal groups and
agencies including the: County Forester, District Con-
servationist (S.C.S.), Game and Freshwater Fish Commission,
U.S. Fish and Wildlife Service, Corps of Engineers, Florida
Inland Navigation District, Department of Environmental
Regulation, Department of Natural Resources, Pelican Island
Audubon Society, local fishing groups, State Entomology
Research Laboratory, Indian River Marine Island Advisory
Commission, and the County Health Department. This coordina-
tion should consist of both requesting technical assistance
from these agencies as well as providing them with the
opportunity to comment on the work products.
Task 5: Development of Final Report
A written report will be developed for submittal to
the Board of County Commissioners of Indian River Count.y
and the Florida Department of Environmental Re:;ulation..
This report will consist of 1) a' summary of the rationale
JUL 18 1979 BOOKAl FACE204
J U L �aG 1 PnE Z45
8 1979 -4=
and techniques utilized in developing this program, 2)
a summary of the resource inventory and analysis conducted
as a part of this study, 3) the recommendations for manage-
ment of the spoil islands, and 4) graphic illustrations
as needed.
SECTION II. SCHEDULE OF WORK
This AGREEMENT shall take effect on.the date .first entered
above and shall be completed no later than December 31, 1979. In
addition, work products should be completed as follows:
1. Tasks 1 & 2 90 days from contract effective
date
2.
Tasks
3, 4, & 5
November
15,
1979
3.
Final
Report
December
31,
1979
SECTION III. REPORTS REQUIRED
A. Progress -Reports
A progress report shall be submitted subsequent to the
completion of Task 1 and 2. The report should consist of a
summary of the*work completed on the project to date and
should also include a draft, copy of this work.
B. Briefings
Briefings and meetings will be arranged as warranted
between or for the parties listed in Task 4 or as may be
directed by the -DEPARTMENT.
C. Final Report
The final report in 50 copies shall be in accordance
with the requirements of Task 5.
SECTION IV. RESPONSIBILITIES OF THE DEPARTMENT
The DEPARTMENT shall:
1. Provide guidance, assistance and coordination to.the extent
necessary and feasible. ,
2. Provide reference documents as required.
3. Provide for timely review of drafts and interim reports, and
furnish comments, suggestions or approvals as appropriate.
G. Provide for review of the final report draft and furnish comments
within 20 working days.
SECTION V.
COMPENSATION
This is a fixed price contract with a total budget- of
$20,000,wherein, the DEPARTMENT will provide an amount not to
exceed $16;000 (80%) and the COUNTY will contribute at least
$4, 000 (20%).
9
SECTION VI. PAYMENTS
The DEPARTMENT, for and in consideration of the services
to be rendered by the COUNTY as described herein, agrees to pay
the COUNTY total sum not to exceed $16,000 to be paid in three
installments upon submission of proper invoices (in triplicate)
together with the required supporting documentation in accordance
with the following schedule:
Documentation Total
1. Executed Contract - $4,000
2. Task 11, 2,: & progress report - $41000
3. Final report effecting completion of - $8,000
all services and obligations and an
invoice, itemized by budget categories,
listing funds expended under this
agreement.
Provided progress is satisfactory, the DEPARTMENT shall
make payments normally within 20 days of receipt of duly certified,
itemized invoices in triplicate. The final payment shall be with-
held pending completion to the satisfaction of the DEPARTMENT of
all products and services. Upon satisfactory completion of products
and services, the final payment shall be made in full. `
SECTION VII. APPROVALS
The COUNTY's project manager is
The DEPARTMENT's project manager is Dr. Edward T, LaRoe. All matters
shall be coordinated with or directed to the DEPARTMENT's project
manager for proper disposition,
SECTION VIII. TERMINATIONS
A. Termination for Convenience
If this Contract is terminated by the DE111A1.'1'P• 1`N— ' or bV
mutual agreement, at any
time prior
to fulfilhiieiit , the COUNTY
shall be paid for services
performed
and/or cos t s
i r)(nirred
based on an estimate of
that portion
of the worl:
that has been
completed, as determined
by the D1:11A1ZTMI
NT.
MOK. , 41 PAGE2101016
JUL 181979
4
JUL 181979 FOOK
B. Termination for Cause
41 PAUE 07
If, through any cause, the COUNTY shall fail to fulfill
in timely and proper manner its obligations under this Contract,
or if the COUNTY shall violate any of the covenants, agreements,
or stipulations of this Contract, the DEPARTMENT shall there-
upon have the right to terminate this Contract by giving
written notice to the COUNTY of such termination and specifying
the effective date thereof. In that event, all items or
materials furnished by the DEPARTMENT and any finished or
unfinished reports, notes, or field data prepared by the COUNTY
shall immediately be delivered to a place designated by the
DEPARTMENT, and the COUNTY shall be entitled to receive just
and equitable compensation for any satisfactory work or ser-
vices completed.
Notwithstanding the above, the COUNTY shall not be relieved
of liability to the DEPARTMENT for damages sustained by the
DEPARTMENT by virtue of any breach of the Contract by the
COUNTY, and the DEPARTMENT may withhold any payments to the
COUNTY for the purpose of setoff until such time as the exact
amount of damage due the DEPARTMENT is determined.
SECTION IX. RIGHT OF DECISIONS
All services shall be performed by the COUNTY to the
reasonable satisfaction of the Secretary of the DEPARTMENT or his
designated representative, who shall decide all questions, difficul-
ties, and disputes of whatever nature which may arise under or by
reason of the AGREEMENT, the prosecution and fulfillment of the
services hereunder and the character, quality, amount and value
thereof. This section shall not preclude any party from seeking
relief by an appropriate court proceeding.
SECTION X.
DISCLAIMER OF LIABILITY
The COUNTY hereby agrees to indemnify, defend, save, and
hold harmless the DEPARTMENT from all claims, demands, liabilities,
and suits of any nature whatsoever arising out of, because of, or
due to any act or occurrence of omission or' commi ssi cin of' the COlJNTY.
its agents, or employees to the extent -permitted by Floridn laid.
SECTION XI.
-7-
INTEREST OF COUNTY
The COUNTY convenants that it presently has no interest
and shall not acquire any interest, direct or indirect, which
would conflict in any manner or degree with the performance of
services required to be performed under this Contract. The COUNTY
further covenants that in the -performance of this Contract no person
having any such interest shall be employed.
SECTION XII. SUBLETTING
A. The COUNTY shall not sublet, assign, or transfer any work
under this AGREEMENT without the written consent of the
DEPARTMENT. When applicable, and upon receipt of such
consent in writing, the COUNTY shall cause the names of
the firms responsible for such portions of the work to
appear on such work.
B. The COUNTY agrees to notify the DEPARTMENT of all sub-
contracts no less than ten (10) days prior to the effective
date of the subcontract for the purpose of approval by
the DEPARTMENT. The COUNTY agrees to provide the DEPARTMENT
with an executed copy of all subcontracts within ten (10)
days after the effective date of the AGREEMENT.
C. The COUNTY agrees to be responsible for the fulfillment
of all work elements included in the subcontracts and
agrees to be responsible for the payment of a1L monies due
under any subcontract and hold the DEPARTMENT harmless from
any liabilities or damages arising under or from any sub-
contract hereinunder.
SECTION XIII. NOTICES
A. Any notice or other written communication from the COUNTY
to the DEPARTMENT shall be considered delivered when posted
by Certified Mail or delivered in person to the Secretary
of the DEPARTMENT, his designated representative, or the
project manager.
B. Any notice or other necessary formal written coininunications
from the DEPARTMENT to the COUNTY shall he considered
delivered when posted by Certified Mail or delivered in
person to an authorized representative, ogdo� k,
manager.
W, . .
A•
J U L 181979 800K
-8-
SECTION XIV. PERSONNEL
41 P4E 299
A. To the extent permitted by law, the COUNTY will secure
and maintain such insurance as will protect it from claims
under Workmen's Compensation Acts and from claims for
bodily injury, death, or property damage which may arise
from the performance of its services under this Contract.
B. The COUNTY assures that the program supported by the grant
will be conducted in compliance with Title VI of the Civil
Rights Act of 1964 (P.L. 88-352) as amended, (42 USC 2000d)
and the requirements imposed by the Regulations of the
Department of Commerce (15 CFR Part 8) issued pursuant to
that Title. In accordance therewith no person in the
United States shall, on the ground of race, color, or
national origin, be excluded from participation in, be
denied the -benefits of, or be otherwise subjected to
discrimination under any program or activity for which the
COUNTY receives Federal financial assistance and will
immediately take any measures necessary to effectuate this
agreement.
C. The DEPARTMENT and the COUNTY hereby agree to comply with
Chapter 112, Florida Statutes, Standards of Conduct for
Public Officers and Employees when such statute has direct
application to the performance of this Contract.
SECTION XV. UNITED STATES GOVERNMENT INVOLVEMENT
A. This AGREEMENT is funded in part by a grant from the
Office of Coastal Zone Management, National Oceanic and
Atmospheric Administration, Department of Commerce. In
exchange for Coastal Zone Management funding, the COUNTY
agrees to abide by and comply with OMB Circular A-102
and F11C 74 -4.-
B.
4 -4.-
B. The COUNTY agrees that the DEPARTMENT, the Comptroller
General of the United States or any of his duly authorized
representatives and the U.S..Secretary of Commerce or
any of his duly authorized representatives shall, until
the expiration of three years -after expenditure of funds
-9 -
under this AGREEMENT, have access to and the right to
examine any directly pertinent books, documents, papers,
and records of this COUNTY involving transactions related
to this AGREEMENT. This COUNTY agrees to include the
substance of this paragraph into all subgrants and contracts
payable fram funds received from this AGREEMENT in whole
or in.part. The COUNTY agrees that payment(s) made under
this AGREEMENT shall be subject to reduction for amounts
charged thereto which are found on the basis of audit
examination not to constitute allowable costs under this
:AGREEMENT. The COUNTY shall refund by check payable to
the DEPARTMENT the amouht of such reduction of payments.
All required records shall be maintained until an audit
is completed and all questions arising therefrom are
resolved, or three years after completion of the project
and submission of a final "Financial Status Report", which-
ever is sooner, The records shall be maintained in a
manner that will permit determination that the COUNTY has
complied with the matching share requirements.
SECTION XVI. DOCUMENTS AND NON -EXPENDABLE EQUIPMENT
A. Ownership of Documents
All reports produced and other data gathered by the COUNTY
for the purpose of this contract shX11 become the mutual Property
of the Office of Coastal Zone Management, the DEPART1,1ENT; and
the COUNTY without restriction or limitation upon their use and
shall be made available by the COUNTY at any time upon request
of the D1PARTMENT.
B. Copyrights
No reports, maps, or other documents produced iii uhol o
or in part under this AGREEMENT shall be the sub ;.t ct of an
application for copyright by or on behalf of tie C(NI"N'lly.
C. Non -Expendable Equipment and Personal 13)-o ei' '
Purchase of non -expendable equioment W-
costing over $50 is not authorized.
AA JUL 18U.
1979 BOOK %-L PAGE 21U
BOOK
JUL 18 1979 -10-
D. Documentation
41 PA -H 211
The cover or title page of all reports, studies or other
documents resulting from contracts supported in whole or in
part by this grant shall acknowledge the financial assistance
provided by the DEPARTMENT and by the Coastal Zone Management
Act of 1972, as amended, administered by the Office of Coastal
Zone Management, National Oceanic and Atmospheric Administration.
SECTION XVII. OFFICIALS NOT TO BENEFIT
No member of or delegate to Congress, or resident Commis-
sioner, shall be admitted to any share or part of this grant or to
any benefit that may arise therefrom.
SECTION XVIII. CHANGES
Either party may, from time to time, request changes in
the scope of the services of, the COUNTY to be performed hereunder,
with concomitant adjustments in the consideration to be paid. Such
changes which are mutually agreed upon by and between the DEPARTMENT
and the COUNTY shall be incorporated in written amendments to the
AGREEMENT and shall designate the effective date of the change.
SECTION XIX: NON -SUPPLANTING
Federal funds made available for state grants of focal
funds under the Act may not be so used as to supplant state or other
funds that would be available in the absence of such federal funds
for Coastal Zone Management Program activities but.rather will be
soused as to increase such state or other funds available for
Coastal Zone Management.
SECTION XX. AGREEMENT AS INCLUDING ENTIRE AGREEMENT
This instrument embodies the whole AGREEMENT of the Parties.
There are no provisions, terms, conditions, or obligations other
than those contained herein; and this AGREEMENT shall_•supersede all
previous communication, representation or agreements, either vei-1).11
or written between the parties hereto.
I
\.
-11-
SECTION XXI. COVENANT AGAINST CONTINGENT FEES
A. The COUNTY warrants that it has not employed or retained
any company or person, other than a bonafide employee
working solely for the COUNTY, to solicit or secure this
AGREEMENT, and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm, other
than a bonafide employee working solely for the COUNTY,
any fee, commission, percentage, gift, or other considera-
tion contingent upon or resulting from the award or making
of this Contract.
B. For breach or violation of this provision, the DEPARTMENT
shall have the right to'terminate the AGREEMENT without
liability and, at its discretion, to deduct from the
Contract price, or otherwise recover, the full amount of
such fee, commission, percentage, gift, or consideration.
The DEPARTMENT shall further be responsible for reporting
the details of such breach or violation to the proper legal
authorities, when•and where appropriate.
IN WITNESS WHEREOF, The DEPARTMENT and The County executed this
Contract as of the date first above written:
INDIAN RIVER COUNTY
BY:
STATE OF FLORIDA
DEPARTMENT OF ENVIRO` I IENTA1.
REGULATION
By: t
Assistant �rct:�ry
ATTEST: f ATTEST:
Title
BOOK PA5 41
J U L 181979
J U L 181979 FOOF 41 Pact
MEMORANDUM OF UNDERSTANDING REGARDING
THE CONTRACT BETWEEN INDIAN RIVER COUNTY
AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION
FOR THE PREPARATION OF THE MANAGEMENT PROGRAM
FOR THE COUNTY'S SPOIL ISLANDS
The purpose of this memorandum is to clarify language in
the above-mentioned contract, particularly that portion of
the contract specifying the resource inventory of the'County's
spoil islands (Task 1). It is hereby agreed by both parties
that Indian River County will not be required to extensively
inventory the physical features of all forty-three spoil islands
located within the County. Instead, the County will at a mini-
mum conduct a resource inventory, supplemented by field checking
of at least ten of the spoil islands. This inventory will
include the site-specific identification of existing (native
and non-native) vegetation, wildlife with special reference to
bird populations utilizing the islands, soil types, adjacent
marine grass beds, and man-made structures. Data on the remain-
ing islands not extensively inventoried will be gathered utilizing
existing aerial photography and a literature search. It is
also agreed that the County will implement the remaining elements -
of the contract (Tasks 2 - 5) with regard to all forty-three
spoil islands located within the County. Thus, a management
program including the resource analysis, proposed usage of the
island, and specific management techniques will be developed
to include all of the County's spoil islands.
INDIAN RIVER COUNTY
BY:
David M. Reever
Director of Planning
and Zoning
FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION
BY:
William H. Wallace
.Contracts Administrator
n
PLANNER REVER STATED THAT HE WOULD REVIEW THE CONTRACTS WITH
MR. GILMORE, OF HARBOR BRANCH FOUNDATION, AND TREASURE COAST REGIONAL
,PLANNING COUNCIL WITH ATTORNEY BROWN, WITH THE SCOPE OF WORK ATTACHED,
AND THESE CONTRACTS WILL BE UP FOR APPROVAL AT THE NEXT COMMISSION MEETING,
AUGUST 8,.1979. HE STATED THAT THE MEETING OF THE TREASURE COAST
REGIONAL PLANNING COUNCIL WILL BE HELD ON AUGUST 9TH, AND THE APPROVED
CONTRACTS CAN BE SUBMITTED AT -THAT TIME. PLANNER REVER SAID THAT AT
THE SAME TIME, THE CONSULTANT CONTRACTS WILL BE SENT TO THE STATE FOR
APPROVAL.
THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 12:00
01CLOCK NOON FOR LUNCH AND RECONVENED AT 1:30 O'CLOCK P.M. WITH THE
SAME MEMBERS PRESENT.
COMMISSIONER LYONS REPORTED ON THE TRIP HE AND THE ADMINIS—
TRATOR TOOK TO TALLAHASSEE TO MEET WITH OFFICIALS OF THE DER IN REGARD
b
TO THE PROPOSED ALIGNMENT OF INDIAN RIVER BOULEVARD DISCUSSED AT PREVIOUS
MEETINGS. SOME CHANGES WERE MADE IN THE VICINITY OF VOSSINBURY CREEK
INVOLVING PUTTING IN MORE CULVERTS ON THE SOUTH TO PREVENT FLOODING OF
COUNTRY CLUB POINTE. COMMISSIONER LYONS INFORMED THE BOARD THAT THE
DER FEELS VERY UNCOMFORTABLE ABOUT OPENING UP THIS ROAD, AND THERE IS
A QUESTION ABOUT WHETHER THERE SHOULD BE ANY ROAD THERE AT ALL BECAUSE
OF THE WETLANDS. HE FELT OUR CHANCES OF GETTING FAVORABLE ACTION WOULD
BE GREATLY ENHANCED IF WE WERE TO STATE THAT NO OTHER ROAD WILL BE
CONNECTED TO THIS SECTION OF INDIAN RIVER—BOULEVARD WITHOUT PRIOR
APPROVAL OF THE DER AND RECOMMENDED THAT WE MAKE SUCH A STATEMENT PART
OF OUR APPLICATION. THE REMOVING OF THE "ILLEGAL" FILL WAS AGAIN BROUGHT
UP, AND COMMISSIONER LYONS STATED THAT HE AND THE ADMINISTRATOR TRIED
TO EXPLAIN THAT THE COUNTY HAS NO LEGAL RIGHT TO TAKE ANY OF THIS FILL
WHICH IS ON PRIVATE PROPERTY BUT THAT WE WOULD, IN GOOD FAITH, ASK IF
WE COULD TAKE THE FILL. HE CONTINUED THAT HE AND THE ADMINISTRATOR
FEEL WE SHOULD MOVE AS RAPIDLY AS POSSIBLE WHILE THE SAME PEOPLE ARE
STILL INVOLVED WITH THIS PROJECT AND THAT AT THIS POINT WE ARE IN ABOUT
THE BEST SHAPE WE HAVE BEEN TO GET THE DER PERMIT.
J U L 181979
47
BOOK 41 PAGE .
J U L �. 1979 �ooK 41 PAGE 1
COMMISSIONER LOY ASKED IF WE ARE TALKING ABOUT OFFERING TO
BUY THE It ILLEGAL 11 FILL, AND COMMISSIONER LYONS FELT THAT WE ARE, BUT
DID NOT BELIEVE THE DER WOULD HOLD US TO ANYTHING THAT DOESN'T MAKE
SENSE ECONOMICALLY.
COMMISSIONER LOY ASKED IF THE PROPOSED STATEMENT ABOUT NOT
ALLOWING ANY ROADS TO TIE INTO THE PROPOSED ROAD WOULD APPLY STRICTLY
TO THE EAST SIDE OF THE ROAD OVER TO THE RIVER.
COMMISSIONER LYONS FELT IT WOULD APPLY TO SOME AREA WEST OF
THE ROAD ALSO, AS THIS IS A COMPLICATED AREA WHERE SOME PARTS ARE
SENSITIVE AND SOME ARE NOT.
ADMINISTRATOR JENNINGS STATED THAT HIS UNDERSTANDING WAS THAT
THE DER WANTED TO HAVE A VOICE IN ANY TURN OFFS ON INDIAN RIVER
BOULEVARD BETWEEN THE MAIN CANAL AND BARBER AVENUE EAST OR WEST, HE
POINTED OUT THAT ACTUALLY THEY HAVE TO APPROVE THIS ANYWAY BECAUSE IT
IS AN ENVIRONMENTALLY SENSITIVE AREA. HE CONTINUED THAT IT IS A MINOR
THING TO ADJUST THE ALIGNMENT AS SUGGESTED BY THE DER AND CAN BE DONE
QUITE QUICKLY, BUT THAT PART WHICH CALLS FOR REDESIGNING THE BRIDGES
MAY BE MORE OF A PROBLEM SINCE, IN CHANGING THE ALIGNMENT, YOU CHANGE
THE DRAINAGE AREAS.
COMMISSIONER LYONS COMMENTED THAT THE DER WOULD BE HAPPY IF
THE ROAD WERE BUILT ON PILINGS ALL THE WAY ACROSS, BUT THE COST OF THAT
KIND OF CONSTRUCTION WOULD BE COMPLETELY PROHIBITIVE SO WE HAVE TO GO
TO THE CULVERT AND BRIDGE IN THE VOSSINBURY CREEK AREA, HE FELT WE
ARE GETTING CLOSE TO WHAT THE DER WANTS AND SHOULD KEEP ON PUSHING TILL
WE GET SOMETHING DEFINITE.
COMMISSIONER LYONS INFORMED THE BOARD THAT HE HAS BEEN DIS-
CUSSING OUR DRAINAGE PROBLEMS WITH THE REGIONAL PLANNING COUNCIL AND
SAM SHANNON SUGGESTED TALKING TO THE BUREAU OF DATER MANAGEMENT PEOPLE
WHO ARE DOING THE 208 REPORT WHICH HAS TO DO WITH NON -POINT SOURCE DIS-
CHARGE. COMMISSIONER LYONS STATED THAT HE DID CONTACT THEM. THEY ARE
LOOKING FOR A PLACE TO PINPOINT SOME OF THEIR STUDY AND THERE IS A
POSSIBILITY WE MIGHT BE ABLE TO GET SOME ASSISTANCE FROM THEM. HE STATED
THAT IT HAS BEEN ARRANGED TO HOLD A MEETING OF THE DRAINAGE COMMITTEE
77
MONDAY, JULY 23RD, AND MR. DREW, MR. COX AND MR. LIVINGSTONE OF THE
BUREAU OF WATER MANAGEMENT, ARE GOING TO BE HERE TO GATHER DATA AND
LOOK AT THE TERRITORY. THEY REQUESTED THAT HARBOR BRANCH FOUNDATION
BE BROUGHT INTO THE PICTURE, AND COMMISSIONER LYONS IS HOPEFUL THAT
SOMETHING MAY COME OF ALL THIS TO GET US SOME HELP.
COMMISSIONER SIEBERT STATED THAT AT THE MEETING OF JUNE 20TH
THE BOARD ASKED HIM TO WORK WITH MR. WILSON AND MR. LUETHJE CONCERNING
POSSIBLE ACQUISITION OF WATER ON THE OLD HIBISCUS AIRPORT PROPERTY IN
RETURN FOR SERVICE OF THAT AREA. HE REPORTED THAT THEY HAVE HAD
MEETINGS AND GONE OVER ALTERNATE SUGGESTIONS AND HAVE MET WITH CITY
MANAGER JOHN LITTLE. THEY HAVE NOW COME UP WITH TWO ADDITIONAL ALTER-
NATES - #4 AND #5 AS SET OUT IN THE FOLLOWING REPORT:
J U L 18 1979
49
BOOK41 fA.GEr6
k
JUL 1181979
6
JACK G. JENNINGS, Administrator
POCK 41 PAGE 217
i
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BOARD OF COUNTY COMMISSIONERS
WILLIAM C. WODTKE, JR., Chairman
ALMA LEE LOY, Vice Chairman
WILLIARD W. SIEBERT, JR.
R. DON DEESON
PATRICK B. LYONS
2145 14th Avenue Vero Beach. Florida 3296(
M E M O R A N D U M
TO: The Board of County Commissioners
FROM: Willard W. Siebert, Jr.
DATE: July 10, 1979
RE: Hibiscus Airport Property
BACKGROUND
.At our meeting on June 20, 1979, the Commission heard from Dean
Luethje and Arthur Wilson concerning a.request for water and sewer
service at the old Hibiscus Airport property. In return for service,
Mr. Wilson proposed making raw water available in sufficient quantities
to service not only his proposed project, but additional water for
use elsewhere in the City or County. I was asked by the Commission
to work with the developer and our engineers to investigate the
feasibility of this request.; Mr. Luethje was requested to put his
Proposal in writing for proper consideration. Mr. Luethje submitted
a written proposal listing three alternates. They were as follows:
ALTERNATE 1 •
Sewer - 125,000 g.p.d, sewer allocation from the County to Mr.
Wilson allowing him to conne.ct.to the City system..
Water - Either a temporary or permanent release from the County
water service area to allow Mr. Wilson to work with the City.
ALTERNATE 2
Sewer -Same as Alternate 1
Water - Allow Mr. Wilson to connect to th-e old Mid -Florida system.
In return, Mr. Wilson will give two well sites and construct a
Production value on one site. The County would be responsible for
construction of a raw water line to the plant.
0
ALTERNATE 3
Sewer and Water - Give Mr. Wilson release on sewer and water
and allow Mr. Wilson to work with the City.
During our discussions with John Little and Jim Beindorf, all
the alternates were discussed as not being feasible or not being in
the best interest of all parties. We mutually arrived at the con-
clusion that the following two alternatives were conceptually
acceptable and worthy of consideration:
ALTERNATE 4
Sewer - Same as Alternate 1.
Water - Mr. Wilson will give the County two well sites and
construct a well at one of his sites. The City will construct a 24"
raw water line, at their expense, from the City's treatment plant
down 20th Avenue to Road 60. The City will participate with the
County for the continuation of the line from Road 60 to 14th Street.
The County will have total responsibility in the remaining portion
of the line to the subject property.* The City of Vero Beach will
supply treated water from a negotiated percentage basis in turn for
raw water.
ALTERNATE 5
Sewer - The same as Alternate 1.
Water - The County will cooperate with the City i --n obtaining
additional raw water from the 16th Street recreational complex and
property owned by the School'Board. Mr. Wilson will immediately,
at his expense, drop a test well on his property to determine quantity
and quality of available water. In addition, he will give the County
two well sites and commit $50,000 towards the construction of a
production well. Any excess funds over the actual cost of the well
will be available to the County for the construction of a raw water
line. The City will construct a 24" raw water line, at their
expense, from the treatment plant to Road 60. The City and the
County will jointly (50/50),continue the line to the subject property.
ANALYSIS
The City of Vero Beach has budgeted a 24" line*f-rom the treat-
ment plant to Road 60 for the coming year. Eventually it will be
necessary for them to extend this line to 14th Sty-eet in order to
satisfy the anticipated needs. Mr. Little expressed an interest in
working jointly with the County to extend this line before the City
really needs it in order to obtain additional sources of raw water.
JUL 181979
- 2 -
BOOK
41 FAL8
Jill 181979
BOOK FACE
i
01.
RECOMMENDATIONS
I am recommending that Alternative 5 be given primary con-
sideration. The concept will be presented to the City Council by
Mr. Little on Tuesday evening, July 17th, and we should have their
reaction available to us in time for our meeting on Wednesday. If
their reaction is favorable, I am recommending that a workshop
meeting be set up between the County Commissioners, and the City
Council. Prior to the workshop, our Engineers, Beindorf and
Associates, and the City's Engineers, Lloyd and Associates, and
Gee & Jensen should be authorized to work together in putting
together specifications, costs, etc.
The following problems still exist an -d should be considered
at the workshop meeting:
property1. Ownership of the line from Road 60 to the subject
2. Allocation for treated water the County will receive for
raw water supplied- by the County.
3. The County should reserve the right to reverse the flow
of the raw water if it is determined that the County may need these
resources when -we have our -own treatment facilities. If this should
take place, a method must be determined to reimburse the City for
their out-of-pocket costs on the line.
4. Other questions as may be determined by either govern-
mental Boards and/or their Engineers.
MgS,Jr,:ef:jwe
CC: James Beindorf
John Little
Dean Luethje
Dr, James Burns, School'Superintendent
J
COMMISSIONER SIEBERT INFORMED THE BOARD THAT SOME CLARIFICA-
TION. IS NECESSARY IN REGARD TO THE STATEMENT ON PAGE 2 THAT THE CITY
OF VERO'BEACH HAS BUDGETED A 24" LINE FROM THE TREATMENT PLANT TO ROUTE
60 FOR THE COMING YEAR. ACTUALLY THIS IS FOR A TREATED WATER LINE SO
CONSTRUCTION OF A RAW WATER LINE STILL WOULD BE NECESSARY. COMMISSIONER
SIEBERT CONTINUED THAT THE CITY COUNCIL DID ADDRESS THIS MATTER AT THEIR
MEETING LAST NIGHT; THEY CONCEPTUALLY APPROVE THE IDEA OF SWAPPING RAW
WATER FOR TREATED WATER AND WOULD BE WILLING TO SIT DOWN AND TALK ABOUT
IT.
COMMISSIONER SIEBERT STATED THAT ONE OF THE KEYS TO THIS
PROPOSAL IS THE SEWER ALLOCATION.OF 125,000 GPD, AND HE SUGGESTED THE
BOARD MIGHT CONSIDER USING 125,000 GPD OUT OF THE APPROXIMATELY 600,000
GPD ALLOCATED ON 6TH AVENUE SINCE WE ULTIMATELY WOULD BE GETTING TREATED
WATER IN RETURN.
DEAN LUETHJE, ENGINEER REPRESENTING ARTHUR WILSON, DISPLAYED
A MAP SHOWING THE PROPOSED ROUTE OF THE RAW WATER LINE. HE NOTED THAT
THERE IS A CONDUIT UNDER ROUTE 60 INTENDED FOR A RAW WATER LINE AND
STATED THEY WOULD LIKE TO EXTEND THE LINE FROM THE MCANSH PARK AREA
ACROSS ROUTE 60 ON DOWN TO 12TH STREET AND OVER TO THE HIBISCUS AIRPORT
PROPERTY.
ENGINEER BEINDORF FELT THAT IF SOMETHING COULD BE WORKED OUT
ON AN EQUITABLE BASIS BETWEEN THE CITY, THE COUNTY AND POSSIBLY A THIRD
PARTY, WHEREBY THE COUNTY COULD RECEIVE TREATED WATER WHERE IT IS SO
BADLY NEEDED, IT IS CERTAINLY WORTH TALKING ABOUT. HE FELT THERE IS
EVERYTHING TO GAIN AND NOTHING TO LOSE FROM THE PROPOSAL MADE BY MR.
WILSON BECAUSE WHAT WE ARE LOOKING AT IS A LOT BROADER THAN JUST A SINGLE
PROJECT.
LENGTHY DISCUSSION FOLLOWED ON THE MANY PROBLEMS THAT NEED
TO BE ADDRESSED BEFORE WE PROCEED TO NEGOTIATE WITH THE CITY. IT WAS
GENERALLY AGREED THAT WE ARE NOT READY TO TALK AS TWO GOVERNING BODIES
UNTIL WE HAVE SOMETHING MORE SPECIFIC TO GO ON AND FURTHER ADVICE IS
NEEDED FROM THE ENGINEERS, BOTH CITY AND COUNTY, IN REGARD TO THE QUALITY
AND QUANTITY OF THE WATER AND THE COSTS INVOLVED, AS WELL AS RECOMMENDA-
TIONS AS TO WHAT WOULD BE EQUITABLE FOR ALL PARTIES INVOLVED.
BOOK 41 F�
J U L 18 1979 53 0
4
FooK 41 PAGF 221
JUL 18 1979
COMMISSIONER LYONS NOTED THAT ABOUT TWO YEARS AGO CITY
COUNCIL AUTHORIZED CITY MANAGER LITTLE TO LOOK FOR ADDITIONAL WELL SITES,
AND HE ADVOCATED THAT THE BOARD CONTINUE TO PURSUE THIS PROPOSAL WITH
THE CITY AND WORK OUT THE PROBLEMS AS WE GO.
DISCUSSION CONTINUED, AND IT WAS EMPHASIZED THAT A WAY TO
ADDRESS THE SEWER ALLOCATION IS OF MAJOR IMPORTANCE. MR. LEUTHJE STATED
THAT HIS CLIENT IS WILLING TO WORK WITH THE COUNTY IN ANY WAY AND WOULD
BE WILLING TO PHASE THE ALLOCATION IF THE COUNTY WILL HAVE A SYSTEM IN
THREE OR FOUR YEARS.
MR. BEINDORF CONCLUDED THE DISCUSSION BY REQUESTING THAT THE
BOARD GIVE THE ENGINEERS A RECOMMENDATION AS TO WHERE THEY STAND ON
WATER AND SEWER ALLOCATIONS.
COMMISSIONER SIEBERT BROUGHT UP THE MATTER OF DRAINAGE DITCHES
IN OLD SUBDIVISIONS AND DREW A PICTURE ON THE CHALKBOARD TO DEMONSTRATE
WHAT HAS ARISEN IN THESE SUBDIVISIONS WHICH WERE PLATTED YEARS AGO. HE
EXPLAINED THAT A 10' EASEMENT FOR DRAINAGE WAS PLATTED ON THE REAR LOT
LINES; THE PLATS WERE PUT ON RECORD, AND THEY WERE ACCEPTED BY THE
COUNTY FOR MAINTENANCE. APPARENTLY THE COUNTY AT THAT TIME DID NOT
INVESTIGATE PRIOR TO MAKING THE ACCEPTANCE, AND IT NOW APPEARS THAT
THE DRAINAGE WAS PUT IN GOING AROUND TREES ON PRIVATE PROPERTY AND
OVER THE YEARS THE PROPERTY OWNERS HAVE FILLED THE DRAINAGE EASEMENTS
AND PUT IN TREES AND PLANTINGS WHICH HAVE GROWN UP IN THESE EASEMENTS.
COMMISSIONER SIEBERT WISHED TO KNOW, SINCE THE COUNTY ACCEPTED THE SUB-
DIVISIONS FOR MAINTENANCE, WHETHER THE COUNTY HAS THE OBLIGATION TO
OPEN AND REDO THIS EASEMENT TO PROVIDE ADEQUATE DRAINAGE. HE FELT THAT
THE BOARD SHOULD MAKE A POLICY DECISION ON THIS MATTER.
CHAIRMAN WODTKE DID NOT KNOW WHETHER WE HAVE LEGAL GROUND
TO STAND ON, BUT IT WAS HIS OPINION THAT THE COUNTY ONLY ACCEPTED THE
RIGHT-OF-WAY FOR MAINTENANCE, NOT FOR INSTALLATION OF THE DRAINAGE.
HE POINTED OUT THAT THE COUNTY ACCEPTED IT TO -BE AS PLATTED, AND IF IT
WAS NEVER INSTALLED, HE FELT IT WAS NEVER ACCEPTED.
ATTORNEY BROWN FELT THERE WAS A ZERO POSSIBILITY OF GETTING -
THE DEVELOPER TO GO BACK AND DO THE DRAINAGE AS PLATTED.
� ® r
L_ I
COMMISSIONER SIEBERT NOTED THAT THIS SITUATION CAME TO LIGHT
THROUGH A COMPLAINT MADE ABOUT NO DRAINAGE AND WATER BACKING UP.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THIS PARTICULAR
I
COMPLAINT INVOLVES PONDEROSA ESTATES, UNIT 1, WHICH LIES SOUTH OF NORTH
GIFFORD ROAD AT 60TH AVENUE.
COMMISSIONER LYONS ASKED IF THE REASON FOR THE FLOODING IS
BECAUSE THE DITCH WAS NOT MAINTAINED, AND COMMISSIONER SIEBERT EXPLAINED
IT IS A RESULT OF THE DITCH BEING ON PRIVATE PROPERTY AND BEING FILLED
IN OVER THE YEARS.
CHAIRMAN WODTKE NOTED THAT THE PEOPLE WHO BOUGHT THE PROPERTY
CREATED THE POOR DRAINAGE.
ADMINISTRATOR JENNINGS REPORTED THAT HE HAS OBTAINED A PLAT
OF PONDEROSA ESTATES AND HAD SOME PICTURES TAKEN. THE DITCH DRAINS
PROPERLY TO THE NORTH, BUT IT IS NOT ON THE 10' EASEMENT. TO THE SOUTH
IT IS ALL GROWN UP, AND THERE ARE 14 GOOD SIZE TREES ON THE EASEMENT
THAT --WOULD HAVE TO BE REMOVED; IN ADDITION, ONE PROPERTY OWNER HAS PUT
A 6" PIPE IN THERE WITHOUT ANY PERMIT. THE ADMINISTRATOR AGREED THAT
THE DITCH SHOULD BE OPENED, BUT STATED THAT IT IS HIS FEELING WHEN
PROPERTY OWNERS FILL UP A DRAINAGE FACILITY TO BEAUTIFY THEIR OWN LAND
AND AS A RESULT, FLOOD THEIR NEIGHBORS OUT, IT SHOULD NOT BE THE COUNTY'S
RESPONSIBILITY. HE EXPRESSED FURTHER CONCERN ABOUT THE FACT THAT THERE
ARE A NUMBER OF THESE OLD DEVELOPMENTS WHERE THE DEVELOPERS CUT A SNAKE -
BACK SHOVEL DITCH AROUND TREES AND NOT ON -AN EASEMENT, AND THE EXPENSE
OF REMOVING ALL THESE TREES WOULD BE PROHIBITIVE. HE FELT THE -BOARD,
IN ESTABLISHING A POLICY, MUST TAKE INTO CONSIDERATION WHAT THIS WOULD
AMOUNT TO OVERALL RATHER THAN JUST IN THIS PARTICULAR DEVELOPMENT. HE
THEN DISCUSSED VARIOUS ALTERNATIVES TO HELP THIS PARTICULAR DEVELOPMENT
WITH THEIR DRAINAGE PROBLEM, I.E., BY GRADING THE ROAD, MOVING THE
SWALE, REMOVING THE PIPE, ETC., AND NOTED THAT ALL ADJACENT PROPERTY
OWNERS WOULD HAVE TO BE ASKED FOR AT LEAST A TEMPORARY EASEMENT AND
ALL THIS WOULD BE VERY EXPENSIVE TO ACCOMPLISH.
COMMISSIONER SIEBERT ASKED IF THERE ISN'T A PENALTY FOR FILLING
UP A DRAINAGE DITCH.
M
BOOK 1 PAGE
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J U L 181979
EOOK. 41 Pa -UF 223
ATTORNEY BROWN BELIEVED THAT THE COURT MIGHT, AT THE COUNTY'S
REQUEST, ISSUE A MANDATORY INJUNCTION REQUIRING THE PROPERTY OWNER TO
OPEN IT BACK UP. HE FELT THE CHAIRMAN'S POINT THAT THE COUNTY ONLY
ACCEPTED THE EASEMENT FOR MAINTENANCE AND DID NOT AGREE TO BUILD IT
WAS VERY WELL TAKEN. ATTORNEY BROWN DID NOT FEEL THE COUNTY HAS AN
OBLIGATION TO GO IN AND DO WHAT THE DEVELOPER WAS SUPPOSED TO HAVE DONE.
HE CONTINUED THAT IN REGARD TO MAINTAINING THAT PARTICULAR DITCH WHICH
IS ON PRIVATE PROPERTY, THE COUNTY CAN DO THIS AS LONG AS NO OBJECTION
IS RAISED.
CHAIRMAN WODTKE ASKED IF THE ADMINISTRATOR NEEDS AUTHORIZATION
TO GO IN AND CUT THE ROAD.
THE ADMINISTRATOR STATED THAT HE DOESN'T NEED AN AUTHORIZATION
FOR THE ROAD ON THE EASEMENTS SHOWN ON THE PLAT. THE QUESTION IS ABOUT
THE 10' DRAIN THAT IS NOT ON THE REAR EASEMENT.
COMMISSIONER SIEBERT STATED THAT IF THE BOARD IS SAYING WE
HAVE NO OBLIGATION WHERE A DRAINAGE DITCH WAS PUT IN THE WRONG SPOT, HE
WILL ABIDE BY THAT ALTHOUGH HE IS NOT SURE HE AGREES WITH IT.
COMMISSIONER LYONS FELT WE SHOULD MAKE THIS OUR GENERAL POLICY,
BUT THE CHAIRMAN WAS OF THE OPINION THAT THE BOARD SHOULD LOOK AT EACH
AND EVERY CASE THAT COMES UP.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, COMMISSIONER SIEBERT VOTED IN OPPOSITION, THE BOARD AGREED THAT
IN THE CASE OF PONDEROSA ESTATES THE LIABILITY OF THE COUNTY IS LIMITED
TO MAINTENANCE OF THE DRAINAGE DITCH AS IT NOW EXISTS ON THE RIGHT-OF-WAY.
DIANE LIMBEROFF NEXT CAME BEFORE THE BOARD AND REPORTED THAT
SHE HAD CONTACTED THE LEAA PEOPLE IN REGARD TO THE SPOUSE ABUSE PROGRAM,
AND THEY SAID THAT 5% OF THE TOTAL GRANT CAN BE USED FOR ADMINISTRATIVE
EXPENSES. SHE NOTED THAT IF THIS WERE DONE FOR THE APPROXIMATELY
$15,000 BEING APPLIED FOR, IT WOULD COME OFF OF THEIR TINY BUDGET, BUT
IT COULD BE DONE ON THE NEXT GRANT.
COMMISSIONER LOY EXPLAINED THAT THE 5% OF THE TOTAL GRANT
THAT IS OUR PART MUST BE PAID IN CASH, BUT LEAA WILL ALSO AUTHORIZE 5%
OF THE GRANT TO BE USED FOR ADMINISTRATION.
THE INTERGOVERNMENTAL COORDINATOR STATED THAT YOU CAN NEGOTIATE
THE.PERCENTAGE FIGURE ON GRANTS, BUT WE HAVE NEVER GOTTEN TO THE POINT
WHERE WE FELT IT WAS ADVISABLE TO DO SO.
COMMISSIONER LYONS REVIEWED HIS EXTENSIVE REPORT ON PROCEDURES
FOR ABANDONMENT OF EASEMENTS AND RIGHTS—OF—WAY. HE RECOMMENDED THAT
THE COUNTY CHARGE A FEE FOR A RELEASE OF EASEMENT BECAUSE THIS IS A
SPECIAL SERVICE FOR AN INDIVIDUAL AND SHOULD NOT BE BORNE BY ALL THE
TAXPAYERS. HE ALSO FELT THAT WE SHOULD AMEND OUR PROCEDURES TO GET
APPROVAL OF ALL THOSE AFFECTED BY THE RELEASE, SINCE IN ADDITION TO
DRAINAGE, THIS WILL ALSO HAVE AN IMPACT ON PRESENT AND FUTURE UTILITIES.
HE SUGGESTED THAT THE CITY OF VERO BEACH PROCEDURES COULD BE USED AS
A MODEL AND STATED THAT HE ALSO HAD INCLUDED A PROCEDURE FORM FROM
BREVARD COUNTY WHICH HE FELT WE MIGHT ADOPT FOR THIS AND OTHER PROCEDURES.
COMMISSIONER LYONS SUGGESTED THAT POSSIBLY THE PERSONNEL DEPARTMENT
COULD BE RESPONSIBLE FOR FOLLOWING THROUGH ON THIS. HE DID NOT BELIEVE
OUR. -BASIC PROCEDURE SHOULD BE CHANGED TOO MUCH, AND INFORMED THE BOARD
THAT HE WOULD LIKE TO GIVE HIS REPORT TO THE COUNTY ADMINISTRATOR AND
ASK THAT HE LOOK IT OVER WITH THE AFFECTED DEPARTMENTS AND COME BACK
WITH HIS RECOMMENDATIONS.
COMMISSIONER SIEBERT FELT A CHARGE OF $150.00 IS TOO EXPENSIVE,
AND HE ALSO DID NOT FEEL THAT PERSONNEL IS THE RIGHT PLACE TO ESTABLISH
THIS PROCEDURE AS THEY ARE NOT RELATED TO IT AT ALL. COMMISSIONER LYONS
NOTED THAT WHATEVER THE ADMINISTRATOR RECOMMENDS IS FINE WITH HIM.- IN
FURTHER DISCUSSION, IT WAS GENERALLY AGREED THAT $150.00 IS TOO HIGH
A CHARGE.
THE CHAIRMAN INSTRUCTED THAT COMMISSIONER LYONS' REPORT BE
REFERRED TO THE ADMINISTRATOR TO STUDY AND MAKE RECOMMENDATIONS FOR
IMPLEMENTATION.
COMMISSIONER LYONS THEN DISCUSSED THE STATUS OF THE 201
STUDY AND NOTED THAT TALLAHASSEE IS NOT YET READY TO GIVE AN ANSWER ON
WASTELOAD ALLOCATIONS. HE STATED THAT HE IS WILLING FOR THE MOMENT
TO LET THIS G0, BUT HE FELT THERE ARE STILL ALTERNATIVES BESIDES DUMPING
IN THE RIVER AND WISHED TO KNOW IF THE ENGINEERS HAVE THE MONEY TO KEEP
ON WORKING BECAUSE WE WOULD NOT WANT TO LET IT GO BY DEFAULT.
JUL 18 1979
57
% ..
BOOKI Fau C41
k
JUL 181979
P00� 41 PAGE 225
COMMISSIONER LYONS NEXT DISCUSSED SITE PLAN APPLICATIONS, AND
SUGGESTED THAT BEFORE A BUILDING PERMIT IS ISSUED, WE SHOULD HAVE SOME
WAY TO BE ASSURED THAT ALL NECESSARY STATE AND FEDERAL PERMITS HAVE
BEEN OBTAINED. HE NOTED THAT ATTORNEY COLLINS IS IN THE PROCESS OF
REVISING THE SITE PLAN PROCEDURES AND REQUESTED THAT ATTORNEY BROWN
RELAY THIS SUGGESTION TO ATTORNEY COLLINS.
ADMINISTRATOR JENNINGS ASKED IF COMMISSIONER LYONS IS SAYING
THAT YOU GO THROUGH SITE PLAN REVIEW, BUT SITE PLAN APPROVAL WILL NOT
BECOME FINAL UNTIL ALL PERMITS ARE RECEIVED FROM THE REQUIRED GOVERN-
MENTAL AGENCIES?
COMMISSIONER LYONS STATED THAT THE SITE PLAN WILL BE APPROVED,
BUT IT WILL NOT BECOME OPERATIVE UNTIL ALL THE NECESSARY PERMITS ARE
OBTAINED.
THE CHAIRMAN FELT THAT IS BASICALLY THE WAY IT IS NOW.
ADMINISTRATOR .JENNINGS DID NOT FEEL IT IS. HE STATED THAT
YOU CAN 'GET SITE PLAN APPROVAL AND THEN THE DEVELOPER CAN GO ON AND GET
THE BUILDING PERMITS AND PROCEED, WHICH LEAVES IT UP TO THE GOVERN-
MENTAL AGENCIES TO BE THE ENFORCING AGENCIES.
ATTORNEY BROWN, WHO ACTS AS ATTORNEY FOR THE ZONING BOARD,
DID NOT AGREE. HE NOTED THAT MANY TIMES THE ZONING BOARD SPECIFICALLY
ADVISES A DEVELOPER THAT THEY ARE APPROVING HIS SITE PLAN, BUT THAT THEY
ARE NOT MAKING ANY COMMENT ON ANY OF THE OTHER PERMITTING THAT IS
REQUIRED AND THAT HE MUST OBTAIN THE NECESSARY PERMITS BEFORE THE
BUILDING DEPARTMENT WILL ISSUE HIM A BUILDING PERMIT. ATTORNEY BROWN
CONTINUED THAT, AS HE UNDERSTANDS IT, THE BUILDING DEPARTMENT HAS A
CHECK LIST OF THESE PERMITS AND FOLLOWS THROUGH ON THEM.
DISCUSSION CONTINUED, AND THE CHAIRMAN REQUESTED THAT ATTORNEY
BROWN DOUBLECHECK TO BE ABSOLUTELY POSITIVE THAT THIS IS THE PROCEDURE
THAT IS FOLLOWED IN THE ISSUING OF BUILDING PERMITS.
COMMISSIONER LOY NOTED THAT THE COMPLEXITY OF THE WORK THE
BOARD IS FACED WITH ALMOST ON A DAILY BASIS IS REQUIRING MORE AND MORE
CONSULTANTS. SHE FELT THE BOARD IS FAMILIAR WITH THE WORK SOUTHERN-
KELTON & ASSOCIATES HAVE DONE ON THE DUAL TAXATION AND FIRE STUDIES.
SHE CONTINUED THAT THE BOARD WILL NEED A LOT OF CONSULTATION ON THIS
YEAR S BUDGET AND INFORMED THE BOARD THAT SHE REQUESTED MR. KELTON TO
SUBMIT SOME TYPE OF PROPOSAL IN REGARD TO THE BOARD RETAINING HIS FIRM
TO PROVIDE CONSULTANT SERVICES.ON AN °ON-GOING If AND "AS -NEEDED" BASIS,
AND HE HAS DONE SO. COMMISSIONER Loy CONTINUED THAT SHE AND ATTORNEY
COLLINS WOULD RECOMMEND THAT THE BOARD ENTER INTO THIS CONTRACT IN
ORDER TO HAVE THIS SERVICE AVAILABLE.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY ACCEPTED THE AGREEMENT SUBMITTED BY
SOUTHERN-KELTON & ASSOCIATES, INC. AND AUTHORIZED THE CHAIRMAN'S
SIGNATURE.
J U L 18 1979 aou 41 Face
59
BOOK FaUc7
JUL 181979
Administrative
Systems &
Procedures
Budget Systems
& Analysis
Charter Review
& Revision
Accounting
Reviews
Executive
Search &
Selection
Library
Operations
Operations
Analysis &
Systems
Organization
Ana ysis &
Struchire
Capital
Ptngramming &
Budgeting
Purchasing
Systems &
Ordinances
Reorganization
Reviews L
Reports
Problem
Solution &
Troubleshooting
Services
Special &
Reports
SOUTHERN.KELTON& ASSOCIATES. INC.
LOCAL GOVERNMENT MANAGEMENT ASSISTANCE
P.O.. BOX 680453 a MIAMI. FLORIDA 33168 a 305/685.5572
July 6, 1979
Miss Alma Lee Loy
Chairman, Finance Committee
Board of County Commissioners
of Indian. River County
2145 14th Avenue
Vero Beach, Florida 33960
Dear Miss Loy:
In accordance with our discussions of Monday, July 2.,
1979, this letter will set forth our understanding with
regard to desired services for Indian River County and
the Board of County Commissioners.
It is our understanding the Board of County Commissioners
wishes to retain Southern -Kelton & Associates, Inca on
an "on-going" and "as -needed" basis, to provide profes-
sional, technical and management assistance, advice and
services to members of the Board, the Board as a body,
the County Attorney, -County Administrator, and other
County personnel as necessary. Initially, specific
areas for which services may be provided include: Budget
review and preparation, Double Taxation, Municipal Service
Fund, Fire Service and Fire District implementation, and
such other areas as may be desired by the County.
Fede Grant Services under this agreement may be provided by telephone,
programs by review, analysis and report preparation at SRA Offices,
Double Taxation or by work on-site in Indian River County.
Anrlysis
t'
Charges for services provided shall be in accordance with
the following schedule:
Through December'31, 1979
$35 per hour up to $250 per day, plus expenses
After January 1, 1980
$40 per hour up to $275 per day, plus expenses
Expenses for travel, hotel, meals, and/or
per diem shall be computed according
to FS 112.061, as it applies to
County Officials and Employees, as
it may be amended from time to time.
Invoices for services and expenses will be submitted
on or about the first of each month, for fifteen (15)
day payment.
This agreement may be amended from time to time by mutual
agreement. All amendments shall be in writing.
This agreement shall continue in force until amended or
terminated. Termination may be initiated by either the
County or SKA, upon sixty (60) days written notice to
the other.
As in the past, we look forward to being of further service
to you, the Board of County Commissioners, and Indian
River County in the months ahead. Should there be any
questions regarding the above material, or should any
additional information be desired, please do not hesitate
to contact me at any time.
Very truly yours ,
Richard Ma Kelton
President
Accepted for:
Board of County Commissioners
Indian River County, Florida
r
r,
by:
ate:
Attest: r
Clerk U
COMMISSIONER LOY COMMENTED THAT THOSE OF US WHO ARE WORKING
IN SPECIFIC AREAS, REALIZING THE CONSTRAINTS OF OUR BUDGET, SHOULD FEEL
FREE, IN CONSULTATION WITH THE CHAIRMAN, TO USE THIS SERVICE IF WE FEEL
IT IS NECESSARY.
COMMISSIONER SIEBERT NOTED THAT HE WOULD LIKE TO MAKE USE OF
THIS SERVICE FOR THE FIRE DISTRICT STUDY.
COMMISSIONER LYONS COMMENTED THAT THIS RAISES ANOTHER QUESTION.
HE STATED THAT HE FELT A LITTLE RETICENT ABOUT ASKING ENGINEER BEINDORF
TO DO SOMETHING BECAUSE HE DID NOT KNOW WHAT HE IS AUTHORIZED TO ASK
HIM TO DO,AND HE FELT THE SAME THING APPLIES TO SOUTHERN-KELTON.
COMMISSIONER LOY FELT IT IS NECESSARY TO HAVE SOME FLEXIBILITY
TO USE YOUR OWN JUDGMENT TO DECIDE IF IT IS NECESSARY TO HAVE HELP
BEFORE YOU CAN BRING A FINAL RECOMMENDATION TO THE BOARD. SHE DID FEEL
THAT IT WOULD BE WELL IF THE CHAIRMAN WERE INFORMED OF THE SERVICES
THAT ARE BEING USED, AND NOTED POSSIBLY IT WOULD BE BETTER IF WE
AUTHORIZED THE CHAIRMAN TO MAKE THE DECISION.
ON POTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY GAVE THE CHAIRMAN THE AUTHORITY TO AUTHORIZE
USE OF THE CONSULTANTS UNDER CONTRACT.
61
BOOK 4 1 FKcE 228
k
Boos 41 Fn -F 229
JUL 181979
COMMISSIONER LOY BROUGHT TO THE BOARDS ATTENTION THE NEED
FOR MORE DISCUSSION ON RECOMMENDATIONS FOR FINANCING OF THE REMODELING
OF THE COUNTY ADMINISTRATION BUILDING, SPECIFICALLY THE FUNDS WE ARE
GOING TO PLEDGE FOR BONDS AND THE LENGTH OF TIME. SHE REQUESTED THE
INTERGOVERNMENTAL COORDINATOR TO REVIEW HIS MEMO ON THIS SUBJECT,
WHICH IS AS FOLLOWS:
MEMORANDUM
July 12, 1979
TO: Alma Lee Loy, Vice Chairman, Board of County Commissioners
FROM: L. S. "Tommy" Thomas, Interaovernmental Coordinator
SUBJECT: Hospital and Court House Renovation Finances
Joe Collins, County Attorney, has recommended that we proceed to start on the
necessary arrangements for financing the renovation of the old hospital building and
the present Court House. Based on the time schedule for periods of construction,
we should have about the same schedule now for completing the financial arrangements.
Attached are two letters from Wfilliam R. Hough & Co. outlining the various ways
which we can finance this construction. Also enclosed are amortization sheets which
show the comparative interest costs between 20, 25, and 30 year bond issues.
I would like to point out that the interest on the 30 year bond is almost two
million dollars more than on the 20 year. Two factors are involved, one is that the
shorter term bond carries a lesser interest rate as indicated by these charts. The
other factor is, of course, the length of time the interest has to be paid. The
balance of these letters I believe, is self-explanatory.
At this time I would recommend using the "race track" funds -as collateral for
repayment of this bond issue. I believe that by using them we will get a more favorable
interest rate and, if in the future, the State of Florida attempts to use these funds
for other purposes, it is my understanding khat they will have to assume the indebted-
ness represented by the bonds.
I would recommend as a first step for the Board of 'County Connnissioners to
authorize whatever bond company they may choose to represent us. Also, authorization
should be given to employ whatever bond council and other council that will be
necessary.
them.
If there is any further questions at this time, I will certai• nly try to answer
• P
L. S. T. T.
LSTT:1h
enc.
JUL 181979
BOOK 41. PA. G E 2
�Qi1K 1 PAGE231
JUL 1819.79 ,
f
HOME OFFICE
FLORIDA FEDERAL BUILDING
ST. PETERSBURG. FLORIDA 33731
lUilliam i lllouRU Co
P. O. BOX 3546
23 WEST CHURCH STREET
ORLANDO. FLORIDA 32802
(305) 841-1685
ALFRED C. SHEPARD
RESIDENT PARTNER
GEORGE T. BLAND
PARTNER
ARNOLD W. SCHNEIDER
February 20, 1979
Mr. Tommy Thomas
Indian River County Courthouse
Vero Beach, Florida 32960
Dear Tommy: '
Reference our discussion of last week concerning security for the proposed
bond issue to improve certain County facilities. The attached paper sets
forth the source of funds that could be pledged for the bonds. I believe
that "race track" funds would be the way to go. The pledge and lien would
be uncomplicated, provide good coverage for ratings and lock up a large
portion of such funds in case the State should, in the future, decide to
discontinue the distribution of Race Track funds to the counties.
I am also attaching the debt service schedules that you requested.
Please give me a call on any questions that you may have.
Ver .truly yours,
George T. Bland
GTB/vjw
Attachments
MUNIcIPALLFI NANCE CONSULTATION
SUBJECT: Financing Of Improvements To Certain Buildings And Structures
Of The Indian River County Board of County Commissioners
Facilities to be Improved
Certain buildings and supporting facilities, formerly the
property of the Indian River County.Schgcr} Board, are now the property
of the Indian River County Board of County Commissioners. Such facilities
require modification, rehabilitation and improvements for use as ad-
ministrative offices.
Cost of Improvements
-While definitive estimates of the cost of the improvements
have not been developed, representatives of the County advise that for
preliminary financial planning purposes -the cost will be between
$3,500,000 and $4,000,000. Assuming that these sums will include bond
issuance costs and provision for a debt service reserve the approximate
debt payment schedules for 20, 25 and 30 years at various interest rates
are as follows:
Length of Bond Issue Average Annual Payments
@6.00 0 @6.50% @7.00��
$3,500,000 Issue
20 Years $305,144 $317,645 $330,372
25 Years 273,791 286,934 300,335
30 Years 254,268 268,020 282,051
$4,000,000 Issue -
20 Years $348,736 $363,024 $377,568
25 Years 312,904 327,924 343,240
30 Years 290,592 306,308 322,344
JUL 1
t979 �� 1 FAuE 23
JUL x.81979
Bou Al PAGUEZ-33
Possible Source of Funds for Security of Bonds
Revenue Sharing Trust Funds
This refers to the "guaranteed entitlement" portion of such funds paid
to the County under Chapter 218, Part II, Florida Statutes (the "Revenue
Sharing Act").
The guaranteed entitlement portion ($205,850) of the total State Revenue
Sharing Funds distributed to Indian River County has been pledged as a prior
lien to additionally secure the Indian River County Solid haste Disposal
System Revenue Bonds, Series 1977. These bonds are initially secured by the
net revenues derived from operation of the Solid Waste Disposal System. The
annual principal and interest requirements on the bonds range from 5171,195 in
1979 to $184,275 in 1994.
"Race Track Funds"
Florida Counties receive "race track" funds pursuant to Chapters 550 and
551 Florida Statutues. The 1971 legislature limited the annual amounts to
be distributed to each County to $446,500. (The amount of "race track" funds
that would have been distributed during Fiscal Year 1977 to each County under
the pre -1971 formula amounted to $698,619). Under Chapter 73-498 Laws of
Florida, Special Acts of 1973 the legislature covenants with the holders of
bonds (secured by "race track" funds) that it will not enact any law which
will repeal, impair, or amend in any manner the rights of such (bondholders)
or the security of the "race track" funds which may be pledged.to the payment
of principal or interest on such bonds. (We understand that should the Florida
Legislature decide to discontinue the distribution of "race track" funds to
the Counties the moneys required to pay principal and interest on any out-
standing bonds secured by a pledge of "race track" funds would be provided until
such bonds were retired.)
.,
d.
Bou Al PAGUEZ-33
Possible Source of Funds for Security of Bonds
Revenue Sharing Trust Funds
This refers to the "guaranteed entitlement" portion of such funds paid
to the County under Chapter 218, Part II, Florida Statutes (the "Revenue
Sharing Act").
The guaranteed entitlement portion ($205,850) of the total State Revenue
Sharing Funds distributed to Indian River County has been pledged as a prior
lien to additionally secure the Indian River County Solid haste Disposal
System Revenue Bonds, Series 1977. These bonds are initially secured by the
net revenues derived from operation of the Solid Waste Disposal System. The
annual principal and interest requirements on the bonds range from 5171,195 in
1979 to $184,275 in 1994.
"Race Track Funds"
Florida Counties receive "race track" funds pursuant to Chapters 550 and
551 Florida Statutues. The 1971 legislature limited the annual amounts to
be distributed to each County to $446,500. (The amount of "race track" funds
that would have been distributed during Fiscal Year 1977 to each County under
the pre -1971 formula amounted to $698,619). Under Chapter 73-498 Laws of
Florida, Special Acts of 1973 the legislature covenants with the holders of
bonds (secured by "race track" funds) that it will not enact any law which
will repeal, impair, or amend in any manner the rights of such (bondholders)
or the security of the "race track" funds which may be pledged.to the payment
of principal or interest on such bonds. (We understand that should the Florida
Legislature decide to discontinue the distribution of "race track" funds to
the Counties the moneys required to pay principal and interest on any out-
standing bonds secured by a pledge of "race track" funds would be provided until
such bonds were retired.)
.,
Non -Ad Valorem Funds
Includes all of the Non -Ad Valorem Funds of the County except:
(a) contract rights of any outstanding obligations'on any portion of the
Non -Ad Valorem Funds and (b) any lien on revenues to be derived from self-
liquidating projects subsequently constructed in favor of obligations sub-
sequently issued. Non -Ad Valorem Funds mean all revenues of the County
collected by or accruing to the County other than by the exercise of the
ad valorem taxing power of the County or taxation in any form of any
real or personal property, whether such revenues are now in existence -or
may hereafter be in existence, other than restricted use revenues.
Non -Ad Valorem Funds from the following sources would be subject to
the pledge and lien in favor of the bondholders should such funds be pledged
to secure the proposed bonds.
a. Funds under the U.S. State and Local Fiscal Assistance Act
of 1972, as amended, except that such funds could not be used to pay interest
on the proposed bonds. -
b. Funds from the Florida'Revenue Sharing Act up to the guaranteed
entitlement portion. (The proposed bonds would have a first lien on approx-
imately $.25-30,000 per year of the guaranteed entitlement funds for Indian
River County since the baste Disposal System Bonds have a prior -lien on
approximately $170-185,000 of the $2Q5,850 funds for the County.
c.. Proceeds from pari-mutuel ("race track"). funds allocated
to the County.
d. Revenues from the Local Government Homestead Exemption Trust
Fund distributed to the County (196.032 FS 1975).
e. Excess fees received from County officers (Sec 218.36 FS _1975).
J U L 18 1979 BooK 4f 234.
JUL 181979
BOOK 41 PAGE 235
f. License revenue paid to the County by the State of Florida
for County License tax on insurance agents and solicitors; alcoholic beverage
license taxes and mobile home license fees.
g. Revenue, from occupational license taxes.
h. Revenue from garbage franchise fees.
i. Revenue from rental income of County property when such
revenue not restricted to use.
j. Interest derived from investment of surplus public funds.
k. Revenue from motor vehicle inspection fees less amounts
required to be remitted to the State for inspection certificates.
1. Revenue received from issuance of building permits, plumbing
permits and electrical permits.
m. Civil penalties, forfeitures and fees as may be authorized
under Sections 318.21, 316.660 and 34.041 Florida Statutes (1975).
n. Forestry receipts from the U.S.
o. Other miscellaneous revenues which are not restricted by law.
13
U
0',
HOME OFFICE
FLORIDA FEDERAL BUILDING
ST. PETERSBURG. FLORIDA 33731
William I HOUR11 & Co
P. O. BOX 3546
23 WEST CHURCH STREET
ORLANDO, FLORIDA 32802
(305) 841-1685
ALFRED C. SHEPARD
RESIDENT PARTNER
GEORGE T. BLAND
PARTNER
ARNOLD W. SCHNEIDER
VICE PRESIDENT June 7, 1979
Mr. Tommy Thomas
Road and Bridge Department
Indian River County Courthouse
Vero Beach, F1 32960
Dear .Tommy:
As a follow-up to our conversation, please find attached the three amortization
schedules which you have requested. Schedule 1 is that of an issue of $3,435,000
principal amount of bonds with a 20 -year maturity at an estimated interest rate
of 6-1/2%. As you can see from reading the schedule, the level debt service
requirements for such an 'issue range from $309,000 to $314,000 per year.
Schedule 2 sets forth an issue of $3,445,000 principal amount of bonds at
6-3/4% over 25 years.. Debt service requirements for this issue range from
approximately $286,000 a year to $291,000 a year.
Schedule 3 sets forth an issue of $3,450,000 principal amount of bonds over
30 years at 7% interest with level debt service payments ranging from $275,000
to $280,000 per year. - -
In each case I have assumed a 2% discount on the sale of the bonds and issuance
costs of approximately $47,000 (1-1/2% of the $3,115,000 construction costs that
you quoted to me). Each amortization also contains one year of capitalized
interest which are as follows:
$210,000 for the 6-1/2% amortization
$218,000 for the 6-3/4% amortization
$226,000 for the 7% amortization
If we can be of any further assistance to you on this or any other matter,
please don't hesitate to call. Best regards,
Sincerely,
�4 no1.d W. $cluiei.der
AWS:gk
Enc.
JUL -181979
MUNICIPAL 13ONDS
MUNICIPAL FINANCE CONSULTATION
B�. FADE s
OOK
t
�
�
�UUk � �J ��b�� A��K ' ���' � .
JUL, 18 ' ^ —
.
|
. ~. ..
. .
^ .
'
^
. ' .
SCHEDULE l
'
\
------ '
�����
DEBT SERVICE SCHEDULE
PERIOD
HMMUHL
'
ENDING
PRINCIPAL
RATE %
INTEREST
TOTAL
1
10/
1/1981
S90,000.00
6.500
$223 , 275 . 00
$313,275.00
10/
1/1982
S95,QUO. 00
6.500
$2l7,425.00
$'-:12.,425. 00
—:1
3
10/
1/1983
$100v000.00
6.500
$211v250.00
1311,250.00
4
%0/
—
1/1984
- -' - �
S105,000.00
6.�}00
_
3C204v750.00
8C309v750.00
'
5
~
10/
1/l�85
$1150.100-00
~
6 500
^
�197�925 00
�
9�312,9`-5. 00
'^
6
10/
1/1986
000.00
6.500
$190,450.00
�.
$310,450.00
7'10/
1/1987
:1130,000.00
6.500
$182I650.00
$312,650.00
8
10/
1/1988
1140,000.00
6.500
$174,200.00
$314,200.00
9
10/
1/1989
$145,000.00
6.500
$165�100.00
8�310,100.00
10
10/
1/1990
$155�000.00
6.500
$155,675.00
$310,675.00
11
10/
1/1991
$165,000 00
6.500
$145,600.00
1310,600�00
12
10/
1/1992
$175,000.00
6.5 u 0
$134�875.00
09 75.00
13
10/
1/1993
000.00
6.500
S123,500.00
$313,500.00
14
10/
1/1994
�200,000.00
6.500
$111v150.00
S311�150.00
15
10/
1/1995
$215�000.00
6.5CPO
$98,150.00
$313, 150. 1-10
16
10/
1 '1996
S225,000.00
6.50
$84,175.00
$309,175.00
17
I0/
1/1997
$240,000.00
6.50
$69�550.00
'1;309v550.00
18
10/
1/1998
�260,000.00
6.500
�53,950.00
��313,950.00
19
10/
1/1999
$275,000.00
6.500
$371050.00
$312,050.00
00
10/
1/2000
$295s000.00
6.500
$19,175.00
$-:"14,175.00
= ===========
TOTAL
$3,435,000.00
s2799,O75.00
16,234,875.00
`
�
�
'
.
�
'
\
------ '
�����
SCHEDULE 2
J U L 181979 FAGS 23Q
DEFT SERVICE SCHEDULE
PERIOD
ANNUAL
ENDING
PRIN1=IPAL
RATE %
INTEREST
TOTAL
1
lo/
1/1981
$55 v i O O. illi
6.750
$ 232,53 .` 0
$: W 53 , c l_l
L
1It:
1/1982
$60,000.00
6. 750
$220825.00
$288,825.01.1
_
111.•
1•' 1 9:= _
$65!000.00
6.750
$224,775.00
$2899775.00
`}
10/
10984
$70,000.00
6.750
:1.L`11,:;;::_:;'.50
$290M7.50
5
10/
1/1;985
$75,000.00
6.750
$215,662.50
6.
1@/
1:`'1986•
$80, 000. 00
6;750
$:211:1,6.1:!11.I_tl l
; •
$290,600.00
i'
l!1/
1/1987
M,!!1;11,1.0II
6.750
$2115,,_IIII.I{I_I-I
-
$: �': I_t , �; l I [ 1. 1111
111:
1/1988
190020.00
6.750
$199,462.0
$289,462.50
9
lo/
1/1989
:t:95,1_l1 10.00
6.750
$,1 'a _ , _ _ ^ . c I I
$288,187.50
111
1
1•'1990
$100,000.00
6.750
$1863975.00
$286,975.00
s l
1&
1/1991
010,000-00
6.. 50
$180,225.00
$29 0 a 225..1111
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11.1:
1/1992
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1/1996
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INTERGOVERNMENTAL COORDINATOR THOMAS INFORMED THE BOARD THAT
IF WE START NOW, BASED ON CONSTRUCTION PROJECT REPRESENTATIVE KONTOULAS'
,TIME SCHEDULE, WE SHOULD HAVE THE MONEY AVAILABLE FROM THE BONDS BY
4
THE TIME WE START CONSTRUCTION. WE CAN GO AHEAD AND SELL THE BONDS AND
INVEST THE MONEY AND BE UNDER THE ARBITRAGE RULES OF THE I.R.S. WITHOUT
HAVING TO PAY FOR INTERIM FINANCING.
COMMISSIONER LYONS NOTED THAT THE SUBJECT HEADING IS "FINANCING
OF IMPROVEMENTS TO CERTAIN BUILDINGS AND STRUCTURES OF THE INDIAN RIVER
COUNTY BOARD OF COUNTY COMMISSIONERS." HE POINTED OUT THAT THIS ALSO
INCLUDES SOME LEASED PROPERTY,AND HE FELT THIS SHOULD BE SPELLED OUT SO
THAT WE DON T GET CUT OUT OF USING THE BOND MONEY FOR THE LEASED PROPERTY,
CHAIRMAN WODTKE ASKED FOR AN ESTIMATE ON THE CONSTRUCTION
COST, AND MR. KONTOULAS GAVE A FIGURE OF 2.916 MILLION "PLUS," NOTING
THAT THERE CANNOT BE A DEFINITE FIGURE UNTIL WE GO TO BIDDING.
THE CHAIRMAN FELT THAT THE SCHOOL BOARD IS GOING TO NEED A
DEFINITE FIGURE TO PLUG INTO THEIR BUDGET.
COORDINATOR THOMAS STATED THAT THE LAST FIGURE HE GAVE THE
SCHOOL BOARD WAS BETWEEN $58,000 AND $60,000 FOR 26,000 SQ. FT., WHICH
FIGURE WOULD INCLUDE THE COST OF THE BONDS AND THE ENGINEERING. HE
NOTED THAT YOUR FINAL COST ACTUALLY CANNOT BE DETERMINED UNTIL THE DAY
YOU SELL THE BONDS BECAUSE IT IS BASED ON THE INTEREST RATE YOU ARE
ABLE TO GET AT THAT TIME. THE COORDINATOR STATED THAT HE WOULD RECOMMEND
A 20 YEAR LOAN AT THE RATE OF $315,000 A YEAR MAINLY BECAUSE THE INTEREST
ADDS UP SO ASTRONOMICALLY WHEN YOU EXTEND THE YEARS. HE POINTED OUT
THAT WE CANNOT PROCEED ANY FURTHER UNTIL THE SELECTION OF A BOND COMPANY
IS DECIDED UPON.
COMMISSIONER LOY AGREED THAT IS VERY IMPORTANT, BUT REPORTED
THAT THERE IS A BOND COMPANY IN THE STATE OF FLORIDA VERY ANXIOUS TO
DO BUSINESS WITH THIS BOARD,AND THEY ARE IN THE PROCESS OF WORKING UP
SOME FIGURES TO ANSWER HER QUESTIONS AS TO WHAT SERVICE THEY CAN PROVIDE
THAT WE ARE NOT ALREADY RECEIVING FROM THE BOND COMPANY WITH WHOM WE
ARE WORKING. SHE FELT THEY SHOULD BE GIVEN THE OPPORTUNITY TO SUPPLY
THIS INFORMATION.
JUL 18 1979
73
BOOK 41 PAGF 210
4.
J U L 181979 eooK 41 PAcE 241
COMMISSIONER LOY ASKED IF THE BOARD HAD ANY REAL OBJECTION
TO THE RECOMMENDATION TO USE THE RACE TRACK FUNDS AS COLLATERAL, AND
THERE WERE NO OBJECTIONS. IT WAS NOTED THAT IN THE EVENT THE STATE
SHOULD DISCONTINUE THE DISTRIBUTION OF THE RACE TRACK FUNDS, THE STATE
WOULD BE REQUIRED TO PAY PRINCIPAL AND INTEREST OF ANY OUTSTANDING BONDS
SECURED BY A PLEDGE OF THESE FUNDS.
COORDINATOR THOMAS FELT IT MIGHT BE WELL TO HAVE SOME INDICA-
TION, POSSIBLY IN RESOLUTION FORM, THAT THE BOARD DOES WISH TO USE THE
RACE TRACK FUNDS AS COLLATERAL IN ORDER TO "GRANDFATHER" THEMSELVES IN
ON THIS SITUATION. HE NOTED THAT ANY NON AD VALOREM SOURCE CAN BE
USED TO PAY THE BONDS.
COMMISSIONER LOY ASKED THE BOARDS OPINION ON TRYING TO HOLD
THE BONDS TO A 20 YEAR TERM AS OPPOSED TO 25 OR 30 YEARS, IF WE CAN
MEET THE SCHOOL BOARDS REQUIREMENTS. SHE NOTED THAT THE SAVINGS IN
INTEREST ON THE 20 YEAR TERM IS A CONSIDERABLE AMOUNT OF MONEY.
MR. KONTOULAS WAS OF THE OPINION THAT A 20 YEAR TERM WOULD
MAKE THE PAYMENTS SO HIGH THAT THE COUNTY MIGHT END UP HAVING TO SUBSI-
DIZE THE SCHOOL BOARD.
DISCUSSION FOLLOWED ON THE POSSIBILITY OF HAVING TO GO TO A
25 YEAR TERM, AND COMMISSIONER DEESON FELT THAT COMMISSIONER SIEBERT
HAD BROUGHT UP AN INTERESTING POINT EARLIER IN REGARD TO THE AFFECT OF
INFLATION AND RECESSION ON THE RATE ON THE BONDS AND THE POSSIBLE
ADVANTAGE OF A LONGER TERM.
MR. KONTOULAS REVIEWED HOW HE BROKE DOWN COSTS TO ARRIVE AT
THE $25.00 PER SQ. FT. FIGURE QUOTED TO THE SCHOOL BOARD, NOTING THAT
THE ARCHITECT'S FEE IS BASED ON THE WHOLE PROJECT.
CHAIRMAN WODTKE STATED THAT HE WOULD MEET WITH MR. KONTOULAS
TO GO OVER THESE FIGURES SO HE CAN CLARIFY THIS WHEN HE TALKS TO THE
SCHOOL BOARD.
NO DECISION WAS REACHED AS TO LENGTH OF TERM AT THIS TIME,
AND IT WAS GENERALLY AGREED THAT THE INTERGOVERNMENTAL COORDINATOR
SHOULD CONTINUE TO GATHER FIGURES BASED ON EITHER A 20-25 OR 30 YEAR
TERM FOR FURTHER CONSIDERATION.
L_
L 1I
COMMISSIONER LOY REQUESTED THAT THIS MATTER BE BROUGHT UP
AT THE NEXT MEETING AND A DECISION MADE AT THAT TIME AS TO WHICH BOND
COMPANYWILL BE EMPLOYED BY THE COUNTY.
r
CHAIRMAN WODTKE NOTED THAT WE HAVE PREVIOUSLY HAD SOME DIS-
CUSSION ON THE OLD ENOS SUBDIVISION PLAT ON NORTH AlA, AND AT THE LAST
MEETING"BY RESOLUTION 79-62, WE WENT ON RECORD AS ACCEPTING OR REAFFIRM-
ING ACCEPTANCE OF THAT 1889 PLAT. A SMALL SECTION OF IT WAS VACATED
BY RESOLUTION 79-58. HE INFORMED THE BOARD THAT ON JULY 6TH, WE RECEIVED
A LETTER FROM ATTORNEY THURLO OF STUART ASKING FOR VACATION OF THE REST
OF THE ENOS PLAT1AND IT IS THE RECOMMENDATION OF ATTORNEY COLLINS AND
THE ADMINISTRATOR THAT WE PROCEED WITH THIS AND TAKE IT INTO CONSIDERA-
TION AT THE MEETING OF AUGUST 8TH.
ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO PUBLISH NOTICE
OF THE INTENT TO VACATE THE PLAT OF ENOS TO BE CONSIDERED AT THE MEETING
OF AUGUST 8, 1979.
PUBLISHED.
CHAIRMAN WODTKE INSTRUCTED ATTORNEY BROWN TO HAVE THIS AD
CHAIRMAN WODTKE REPORTED THAT WE HAVE BEEN SENT A COPY OF A
LETTER ADDRESSED TO SENATOR PHIL LEWIS PROTESTING THE RECENT STATE
REQUIREMENT FOR AUDIT, AND WE HAVE BEEN URGED TO CONTACT OUR LEGISLATIVE
DELEGATION AND SEEK A DELAY IN IMPLEMENTATION. BASICALLY, THE LETTER
EXPRESSED DOUBT THAT ANY CPA FIRM IN FLORIDA HAS THE BACKGROUND AND
EXPERIENCE NECESSARY TO STEP IN AND PREPARE THE REQUIRED AUDITS IN THE
REQUIRED TIMING, ETC. THE CHAIRMAN CONTINUED THAT COMMISSIONER LOY
HAS BEEN ON THE TELEPHONE TRYING TO GET MORE EXPLICIT INFORMATION ABOUT
HOW THESE AUDITS HAVE TO BE PERFORMED.
COMMISSIONER LYONS FELT THAT COMMISSIONER LOY SHOULD HAVE THE
OFFICIAL BACKING OF THE BOARD IN WHATEVER SHE WANTS TO PURSUE ON THIS
MATTER AND THAT THERE SHOULD BE SOME OFFICIAL COMPLAINT.
COMMISSIONER LOY FELT THE CHAIRMAN SHOULD HAVE THE AUTHORIZA-
TION TO WRITE THE STATE ASSOCIATION OR ANYONE APPROPRIATE COMPLAINING
ABOUT THIS. SHE STATED THAT SHE HAS COME UP WITH A LEGAL QUESTION.
J U L 18 1979 75 BOOK 41 Fa,uc 242
4
J U L
181979
BooK
41
PA-UE243
THE
FISCAL YEAR ENDS SEPTEMBER 30TH,
AND THE POST AUDITS
THEY
ARE
TALKING ABOUT COME AT THE END OF THE FISCAL YEAR, THE NEW BILL, HOW-
EVER, IS NOT EFFECTIVE UNTIL OCTOBER 1ST SO DO WE HAVE THE LEGAL
AUTHORITY TO GO BACK AND FINISH OUT THE REQUIREMENTS THEY HAVE PUT
UPON US OR DO THEY PERTAIN TO THIS YEAR? SHE STATED THAT SHE HAS BEEN
IN CONTACT WITH SENATOR LEWIS' OFFICE, BUT IS STILL WAITING TO HEAR AND
FEELS THEY ARE HAVING SOME PROBLEM WITH THE DATES, SHE NOTED THAT THE
AUDITOR GENERAL HAS MADE IT PLAIN THAT HE HAS CEASED AND DESISTED FROM
COMPLETING ANY AUDITS IN THIS COUNTY.
THE BOARD CONTINUED TO EXPRESS CONCERN ABOUT THIS BILL AND
THE EXPENSES IT WILL ENTAIL.
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.
62540 - 62672 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM
THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS
PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH
RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES.
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND
CARRIED, THE BOARD ADJOURNED AT 4:20 O'CLOCK P.M.
ATTEST:
44
CLE K
CHAIRMAN