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HomeMy WebLinkAbout11/21/1979WEDNESDAY, NOVEMBER 21, 1979 THE BOARD.OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH, FLORIDA, ON WEDNESDAY, NOVEMBER 21, 1979, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLIAM C. WODTKE, JR., CHAIRMAN; ALMA LEE*- LOY, VICE CHAIRMAN; WILLARD W. SIEBERT, JR.; R. DON DEESON; AND PATRICK B. LYONS. ALSO PRESENT WERE .JACK G. JENNINGS, COUNTY ADMINISTRATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JEFFREY K. BARTON, FINANCE OFFICER; AND JANICE W. CALDWELL, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER SIEBERT LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND WILLIAM "BUDDY" TIPTON, CENTRAL ASSEMBLY OF GOD, GAVE THE INVOCATION. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 19, 1979. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 19, 1979, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF OCTOBER 10, 1979. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF OCTOBER 1 , 1979, AS WRITTEN. ON MOTION Y COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAY ROLLS, CIRCUIT COURT, FALL TERM, 1979, IN THE AMOUNT OF $134.80; COUNTY COURT, OCTOBER TERM, 1979, IN THE AMOUNT OF $128.42; AND NOVEMBER TERM, 1979, IN THE AMOUNTS OF $164.10, AND $82.04. THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: NOV 1979 Boor 42 PAGE 98 NOV 211979 840K 42 PACE 99 REPORT OF TRAFFIC VIOLATION BUREAU - SPECIAL TRUST FUND, OCTOBER, 1979 TRAFFIC VIOLATION FINES BY NAME, OCTOBER, 1979 ANNUAL FINANCIAL REPORTS FROM: INDIAN RIVER MOSQUITO CONTROL DISTRICT INDIAN RIVER MEMORIAL HOSPITAL FELLSMERE WATER CONTROL DISTRICT INDIAN RIVER FARMS WATER CONTROL DISTRICT INDIAN RIVER COUNTY SCHOOL BOARD CLERK OF CIRCUIT COURT SHERIFF, INDIAN RIVER COUNTY TAX COLLECTOR, INDIAN RIVER COUNTY PROPERTY APPRAISER, INDIAN RIVER COUNTY THE BOARD THEN WELCOMED THE NEW URBAN FORESTER, MITCHELL ADELMAN, WHO WAS INTRODUCED BY VAN MURPHY,,D-I-STRICT FORESTER. WENDY LANCASTER, PLANNING DEPARTMENT, NEXT DISCUSSED WITH THE BOARD THE FOLLOWING MEMORANDUM CONCERNING THE OSLO SQUARE SITE PLAN EXTENSION: INOIAN RIVER COUNTY PLAN r, ei IDEPARTIVIENT November 14,. 1979 MEMO TO: Board of County Commissioners FROM: Planning Department SUBJECT: Oslo Square Site Plan Extension The Planning Department has. - received a request from Peter C. Smith and Associates fora 90 day extension of the Oslo Square Shopping. Center site plan. 'Site plan approval terminates after°twelve (12) months if construction has not been started.,—Site plan approval for this project was granted September 28,.1978. The majority of land clearing has already been accomplished.: _ After reviewing this, request,,it-is.recommended that the following items be submitted::"w4{-= 1) Drainage plan in accordance with newly adopted drainage criteria (Sec. 23, K) . t` 2) Topographic survey as required by new site plan criteria (Sec. -'23, F., 5). 3) Water and sewer franchise data as.required (Sec. 23, 12). 4) Evidence that the Department of Transportation has conducted a traffic study of the U.S.#1 _ Oslo Road intersection with regards to this project. Also,,a statement from the developer that they will bear the cost of any highway improvements such as median cuts and traffic control devices (Technical Review Committee minutes, 10-3-78). With the submittal of these additional items, the Planning Department would recommend the 90 day extension be granted. WENDY LANCASTER NOTED THAT THE SITE PLAN DOES COMPLY WITH THE 1978 LANDSCAPING ORDINANCE; HOWEVER, AFTER TALKING WITH ATTORNEY COLLINS, THE PLANNING DEPARTMENT FEELS THEY SHOULD CHANGE THEIR RECOMMENDATION. SHE CONTINUED THAT THE PLANNING DEPARTMENT FELT THE NEW DRAINAGE CRITERIA, RECENTLY ADOPTED BY THE COUNTY, SHOULD APPLY; AND.BECAUSE THIS CRITERIA MAY DRASTICALLY CHANGE THE PRESENT SITE PLAN, THEY FELT A NEW SITE PLAN SHOULD BE SUBMITTED. CHARLES T. CONNERY, OF PETER C. SMITH & ASSOCIATES, REAL ESTATE DEVELOPERS, APPROACHED THE BOARD AND STATED THAT THEY WOULD LIKE TO GET AN EXTENSION IF POSSIBLE. NOV 2 i 1979 3 MOK ` PAGE 100 pr- NOV 211979 BooK URGE CHAIRMAN WODTKE ASKED HIM WHAT HAPPENED TO ALL THE TREES THAT WERE SUPPOSED TO BE SAVED. MR. CONNERY EXPLAINED THAT THEY HAD TROUBLE WITH THE TWO CLEARING MEN - THEY WERE ASKED TO SAVE THE TREES BUT DIDN'T. COMMISSIONER LYONS NOTED THAT DRAINAGE IS THE PRIME CONCERN AND WONDERED IF THE EXTENSION ON THE SITE PLAN IS REALLY GOING TO SOLVE THE PROBLEM. MR. CONNERY STATED THAT HE WOULD FOLLOW THE NEW SITE PLAN CRITERIA IF THIS IS WHAT THE BOARD REQUESTED. CHAIRMAN WODTKE INTERJECTED THAT A 90 DAY EXTENSION WOULD GIVE THEM UNTIL DECEMBER 29TH, AS IT DID EXPIRE ON SEPTEMBER 28TH. MR. CONNERY STATED THAT THEY WOULD NEED MORE TIME THAN THAT, AND THEY HAVE ABOUT 80% OF THE ENGINEERING ALREADY COMPLETED AND COULD COME IN FOR A FINAL SITE PLAN REVIEW WITH 30 DAYS BUT NOT SOONER. -DISCUSSION FOLLOWED AND IT WAS FELT THE APPLICANT SHOULD BEGIN AGAIN WITH A NEW SITE PLAN. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY DENIED THE REQUEST FOR A SITE PLAN EXTENSION. WENDY LANCASTER, PLANNING, DEPARTMENT, NEXT DISCUSSED A REQUEST FOR TENTATIVE APPROVAL OF TURTLE COVE SUBDIVISION, BY JAMES A. FOWLER, REPRESENTING RICHARD P. LETSINGER. SHE NOTED THAT THE PROPERTY CONSISTS OF 14k UNDEVELOPED ACRES AND IS TWO MILES NORTH OF STATE ROAD 510 ON THE WEST SIDE OF AIA. MISS LANCASTER STATED THE SUBDIVISION REVIEW COMMITTEE RECOMMENDED APPROVAL BUT THAT AN ADDITIONAL 20' BE DEDICATED ALONG AIA, AND THAT DRAINAGE BE DESIGNED TO TAKE CARE OF THE STORM WATER ON SITE. DISCUSSION FOLLOWED ABOUT SEPTIC TANK SYSTEMS, AS PER THE FOLLOWING MEMORANDUM BY .JACK ALLEN OF THE HEALTH DEPARTMENT: i STATE OF FLORIDA t DEPARTMENT OF Rtubin O I7 Afkow, Governor Health & Rehabilitative services District Nine INDIAN RIVER COUNTY HEALTH UNIT 2525 — 14th AVENUE VERO BEACH, FLORIDA 32960 T0: Members of Indian River County Technical Review Committee FROM: Jack Allen, Indian River County Health Uni DATE: November 1, 1979 r SUBJECT: Items up for consideration on November 6, 1979 {1,'J Turtle Cove S/D, Richard P. Letsinger, Agent' All lots in the proposed layout contain the minimum one-half acre, which meets health department requirements as to lot size for septic tank systems and individual wells. However, we will need a soil profile delineating soil classification to a i depth of six (6) feet or the water table, whichever is the lesser, from a representative point within the proposed subdivision, prior to giving our tentative approval. CHAIRMAN WODTKE DISCUSSED THE POSSIBILITY OF THE DEVELOPER HAVING A TENTATIVE LAYOUT OF THE SUBDIVISION BEFORE THE HEALTH DEPARTMENT CAN DO THEIR SOIL TESTING, BUT THEY WOULD NOT NEED TO PROVIDE SOIL CLASSIFICATION ON EVERY LOT. PLANNER REVER REPORTED THAT THE PLANNING DEPARTMENT HAS NOT BEEN INVOLVED WITH REQUIRING ANY PERCOLATION TESTING; THEREFORE, WOULD LIKE THE BOARD, IN THE FUTURE, TO CONSIDER THAT SPOT CHECKS OF EACH SUBDIVISION BE TAKEN IF SEPTIC TANK SYSTEMS ARE TO BE USED IN THE AREA. ATTORNEY COLLINS NOTED THAT IF THE PERCOLATION TESTS DO NOT SATISFY THE HEALTH DEPARTMENT, THEN THE DEVELOPERS WOULD HAVE TO GO TO A SEWER PLANT. DISCUSSION FOLLOWED ABOUT STREET AND HOUSE NUMBERS FOR SUBDIVISIONS. PLANNER REVER STATED THAT SINCE THEIR DEPARTMENT NOW HAS NEW MAPS, THEY COULD ASSIGN NUMBERS ONCE THE SITE PLAN RECEIVED TENTATIVE APPROVAL. HE ALSO FELT THAT THE PRELIMINARY STAGE IS THE MOST IMPORTANT AND THAT TECHNICAL INFORMATION FOR THE DEVELOP- MENT SHOULD BE INCLUDED FOR REVIEW BY THE PLANNING DEPARTMENT. NOV 211979 5 60K =42 PACE x.02 NOV 2 11979 BOCK 42. PAGE 103: RICHARD LETSINGER, DEVELOPER, COMMENTED THAT HE SAW NO OBJECTION TO HAVING A COUPLE OF SOIL TEST BORINGS DONE. COMMISSIONER LYONS INTERJECTED THAT IT WOULD BE GOOD INSURANCE FOR THE DEVELOPER. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, FOR TENTATIVE APPROVAL OF TURTLE COVE SUB- DIVISION, WITH THE UNDERSTANDING THAT THE DEVELOPER WILL HAVE SOIL TESTING TO A DEPTH OF 6' OR THE WATER TABLE, WHICHEVER IS THE LESSER, AS A CONDITION OF APPROVAL OF THIS SOIL TEST. ATTORNEY COLLINS SUGGESTED HE ADD TO THE MOTION THAT, IN THE EVENT THE HEALTH DEPARTMENT DETERMINES THE TEST IS UNSATIS- FACTORY, THE DEVELOPER SHALL BUILD A SEWER PLANT ADEQUATE TO SERVICE THE PROPERTY PRIOR TO FINAL APPROVAL. HE CONTINUED THAT HE IS CONCERNED THAT IF THERE IS TENTATIVE APPROVAL WITHOUT THE REQUIREMENT OF SOIL APPROVAL, THE BOARD MAY FIND ITSELF BOUND TO GRANT FINAL APPROVAL. ATTORNEY COLLINS STATED HIS CONCEPT IS TO BE AS CLEAR AS POSSIBLE IN GRANTING TENTATIVE APPROVAL; THE MOTION IS SATISFACTORY BUT FELT THE ALTERNATIVES SHOULD BE MENTIONED. MR. LETSINGER STATED THAT HE WOULD LIKE TO HAVE THE RIGHT TO WITHDRAW AS HE DIDNIT WANT TO BE COMPELLED TO DEVELOP AND BUILD A SEWER PLANT. .JAMES FOWLER, SURVEYOR, REPORTED THAT THEY HAVE THE SOIL TEST BORING AND WOULD BE GLAD TO TURN IT OVER TO THE HEALTH DEPARTMENT. COMMISSIONER LYONS WITHDREW HIS MOTION, AND COMMISSIONER SIEBERT WITHDREW HIS SECOND. COMMISSIONER Loy SUGGESTED, IN ORDER TO BE CONSISTENT, THE PLANNING DEPARTMENT BE DIRECTED TO GIVE THE BOARD A POLICY TO dmiull f ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF THE TURTLE COVE SUBDIVISION UPON THE SATISFACTORY EVIDENCE THAT THE DEVELOPER MEETS THE REQUIREMENTS OUTLINED IN THE MEMORANDUM OF NOVEMBER 1, 1979 FROM JACK ALLEN OF THE HEALTH DEPARTMENT. WENDY LANCASTER APPROACHED THE=BOARD REGARDING A REQUEST FOR TENTATIVE APPROVAL OF OCEANRIDGE SUBDIVISION, REQUESTED BY JAMES A. FOWLER, REPRESENTING JOSEPH .JORDANO. SHE NOTED THAT THERE ARE APPROXIMATELY.25 ACRES- LOCATED ON SOUTH AIA EAST OF THE HIGHWAY, ACROSS FROM ST. EDWARDS, SHE NOTED THAT THE OWNER HAS PROVIDED FOR 20' OF RIGHT-OF-WAY AND ALSO PROVIDED FOR A NON -ACCESS STRIP WHICH WOULD BE INCORPORATED IN THE WESTERLY 10' OF AN INTERNAL ROAD.. PISS LANCASTER CONTINUED THAT ALL LOTS ARE PRIVATE, AND THE SUBDIVISION REVIEW COMMITTEE SUGGESTED THAT SINCE THE NAMES ON THE PLAN DO NOT CONFORM TO THE COUNTY ROAD NAMING SYSTEM STANDARDS, THE NAMES BE CHANGED; AND APPLICANT PROPOSES A WATER TREATMENT PLANT AND SEPTIC TANKS. SHE THEN DISCUSSED THE COMMENTS IN THE MEMO FROM .JACK ALLEN OF THE HEALTH DEPARTMENT, AS FOLLOWS: STATE OF FLORIDA DEPARTMENT OF Reubin OM Askew, Governor Health & Rehabilitative Services District Nine INDIAN RIVER COUNTY HEALTH UNIT 2525 —14th AVENUE VERO BEACH, FLORIDA 32960 TO: Members of Indian River County Technical Review Committee FROM: Jack Allen, Indian River County Health Uni DATE: November 1, 1979 SUBJECT: Items up for consideration on November 6, 1979 OceanriLe S/D. Jack P. Schleifer, Trustee \, Senate Bill 755 has been signed into law by the Governor. This particular bill states in part, "Residential subdivisions with a public water system, may utilize individual sewage disposal facilities, provided there are no more than four (4) lots per acre, etc." Rules and regulations necessary to implement the law are now being promul- gated and going through the final process towards adoption by the Department j of Health and Rehabilitative Services. Since there are still some unanswered questions pertaining to the law, the health department is unable to give its tentative approval to this sub- division pending clarification and final adoption of the new rules and regulations. NOV 211979 7 AOOK 42AGE104 J NOV 211979 600K 42 FACE 105 - COMMISSIONER Loy INQUIRED ABOUT HOW MANY ACCESSES TO THE BEACH THEY WERE PLANNING. .JAMES FOWLER, SURVEYOR, COMMENTED THERE IS JUST ONE, WHICH IS A FOOT BRIDGE ARRANGEMENT; AND SINCE THE SUBDIVISION REVIEW COMMITTEE MEETING, THEY HAVE PLACED A WALKWAY ACROSS TO PREVENT DAMAGE TO THE DUNE LINES. HE CONTINUED THAT THE DEVELOPER'S INTENT IS TO PROTECT THE VEGETATION AND CREATE A SUBDIVISION SIMILAR TO SEA GROVE. PLANNER REVER STATED THAT HIS STAFF WOULD TAKE CARE OF THE NUMBERING FOR THE STREETS. HE CONTINUED THAT THEY WILL BE DILIGENT IN ATTACHING NUMBERS AS WELL AS STREET NAMES FROM NOW ON. PLANNER REVER NOTED THAT THEIR BOOK OF STREET NAMES DOES NOT INCLUDE A TANGLEWOOD STREET. MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMIS- SIONER DEESON, FOR TENTATIVE_ APPROVAL FOR OCEANRIDGE SUBDIVISION, SUBJECT TO COMPLIANCE WITH THE HEALTH; DEPARTMENT REGULATIONS. -COMMISSIONER LYONS STATED THAT WE SHOULD CAUTION THE DEVELOPER THAT THERE ARE SOME UNKNOWNS WITH THE HEALTH DEPARTMENT AND FINAL APPROVAL CANNOT BE GIVEN UNTIL THEY ARE SETTLED, COMMISSIONER Loy SUGGESTED ADDING TO HER MOTION: SUBJECT TO THE COMPLETION OF PRIVATE WATER SYSTEM WITH APPROPRIATE FRANCHISE, OR ALTERNATE WATER FROM A PUBLIC WATER SYSTEM PRIOR TO FINAL APPROVAL. DISCUSSION FOLLOWED ALONG THOSE LINES. COMMISSIONER Loy WITHDREW HER MOTION AND COMMISSIONER DEESON WITHDREW HIS SECOND. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL FOR OCEANRIDGE SUBDIVISION, AND TENTATIVE APPROVAL IS CONDITIONED UPON COMPLIANCE WITH THE DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES` RULES AND REGULATIONS REGARDING SEPTIC TANKS, AND THE DEVELOPER HAVING IN PLACE A PRIVATE WATER SYSTEM WITH APPROPRIATE -FRANCHISE ISSUED, OR WATER SUPPLIED FROM A PUBLIC SOURCE PRIOR TO THE BOARD GRANTING FINAL APPROVAL OF THE PLAT. WENDY.LANCASTER, PLANNING -DEPARTMENT, NEXT BROUGHT BEFORE THE BOARD A REQUEST FOR TENTATIVE APPROVAL OF WEST MEADOWS SUB- DIVISION, REQUESTED BY JAMES A. FOWLER, REPRESENTING .JACK REDISH. SHE STATED THAT THE PROPERTY RUNS NORTH OF 4TH STREET, WEST OF 43RD AVENUE, AND IS APPROXIMATELY 20 ACRES, WITH LOT SIZES OF 172 ACRE AND ZONED R-1. THIS PROPERTY WILL HAVE INDIVIDUAL WELLS AND SEPTIC TANKS, AND THERE WILL BE A 1/2 ROAD TO THE NORTH FOR FUTURE DEVELOPMENT OF 6TH STREET. MISS LANCASTER CONTINUED THAT THE SUBDIVISION REVIEW COMMITTEE RECOMMENDED DEMUCKING BE DONE, IF NECESSARY, IN THE LOW AREA, AND FILLING IT; ALSO THE FILLING OF THE INTERIOR DITCHES, AND RECOMMENDED TENTATIVE APPROVAL, SHE THEN REVIEWED THE FOLLOWING LETTER FROM ALLAN S. CONNELL OF THE SOIL CONSERVATION SERVICE: UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE SUMF(IT Sall- S R �nn'7� eMY U-)453 ' /j' '/�Utxc>s DATE: .11-13-79 Su'a "--), V,S." iJ TO: ..L/t�t�//��l Fitt,160` CO. jL✓iR%L�i'/���i DZ..P%. CL •.CL�•r.�� .".L- f�L' tf�rl Gti��l.-�Yl,•�Ll-��.. C�%�.��`,..� 63" `ut-- ez� ,,,GL ��-�✓ �` NOV 2x.1979 9 BOOK 42 AGE 108 r- I NOV 211979 6009 42 . PAGE 107 JAMES A. FOWLER, SURVEYOR, STATED THAT THE DEVELOPER REALIZED THAT FOUR LOTS TO THE WEST WERE BAD AND THAT HE MAY HAVE TO USE APPROXIMATELY 2'2` OF FILL. COMMISSIONER SIEBERT FELT THIS SHOULD BE CONTINUED UNTIL THEY DO TEST BORINGS TO DETERMINE IF THE LOTS ARE SUITABLE, AND THAT SPECIFIC PLANS FOR MAKING THEM SUITABLE BE KNOWN PRIOR TO OUR CONSIDERATION OF TENTATIVE APPROVAL. COMMISSIONER LYONS QUESTIONED THAT IF HE ONLY HAS 12" OF SOIL AND GOES DOWN TO S' OF CLAY, WHAT ABOUT THE DRAINAGE SYSTEM? HE FELT THERE WOULD BE A LOT OF SURFACE WATER. MR. FOWLER REPORTED THAT THEIR ENGINEER DID A COMPLETE STUDY ON THE DITCHES AND CULVERTS; IN ESSENCE, THE DITCHES WILL BE FILLED IN ON THE WEST AND WATER WILL END UP ON THE SOUTH, AND THE CULVERT WILL BE ENLARGED. COMMISSIONER SIEBERT FELT THAT THEY DID NOT HAVE SUFFICIENT INFORMATION AT THIS POINT. MR. FOWLER THOUGHT THAT THEY WEREN'T REQUIRED TO HAVE AN ENGINEERING REPORT BEFORE A TENTATIVE PLAN IS APPROVED. DISCUSSION FOLLOWED ABOUT WHAT IS INVOLVED IN A TENTATIVE MR. FOWLER STATED THAT THE DEVELOPER AGREED THAT THE PROPERTY WOULD BE BROUGHT UP TO THE GRADE THAT THE COUNTY WANTED, HE AGAIN STATED THAT THEY DID AN ENTIRE ENGINEERING STUDY ON THE RUN-OFF TO KNOW WHAT KIND OF DRAINAGE PATTERN THERE WAS ON THE PROPERTY. ATTORNEY COLLINS SUGGESTED HAVING THE ENGINEER PRESENT AT THE NEXT MEETING WITH PERCOLATION TESTS SO THAT THE BOARD CAN MAKE A MORE INTELLIGENT DECISION. COMMISSIONER LYONS EXPRESSED CONCERN ABOUT THE WHOLE DRAINAGE PATTERN, SINCE THEY ARE NOW TALKING ABOUT CLOSING THE DITCHES. MR, FOWLER EXPLAINED THAT THE SUBDIVISION REVIEW COMMITTEE WANTED THEM CLOSED BECAUSE THEY ARE IN THE CENTER OF THE LOTS. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS SIONER SIEBERT THAT TENTATIVE APPROVAL BE DENIED PENDING FURTHER INFORMATION FROM THE DEVELOPER, AND THAT IT BE CONTINUED TO THE AFTERNOON OF THE NEXT MEETING, DECEMBER 51 1979. DISCUSSION FOLLOWED ALONG THOSE LINES. CHAIRMAN WODTKE SUGGESTED THAT THE ADMINISTRATOR REVIEW THE DRAINAGE PROBLEMS. COUNTY ADMINISTRATOR JENNINGS STATED THAT HE AGREED WITH THE BOARD TO OBTAIN MORE INFORMATION. HE NOTED THAT IN SOME CASES, A DEVELOPMENT OF THIS KIND CAN BE MADE AND THE FINAL PLAT GETS ON RECORD, BUT EVERYTHING WILL BE BUILT UP BUT NOT THE LOW AREA. HE CONTINUED THAT IF THE DEVELOPER DOESN'T EVER FILL IN THE LOW AREA, THEN YOU HAVE A MUCK POND IN BETWEEN RESIDENCES, WHICH MAKES AN AREA THAT IS UNSATISFACTORY. ADMINISTRATOR JENNINGS REITERATED THAT WHEN TENTATIVE APPROVAL IS GIVEN, THE COUNTY WANTS SOME ASSURANCES THAT THE LOW AREAS WILL BE PROPERLY TAKEN CARE OF. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND PASSED UNANIMOUSLY. THE NEXT ITEM ON THE AGENDA WAS THE ANNEXATION OF PROPERTY INTO THE TOWN OF INDIAN RIVER SHORES AND A CHANGE OF ZONING FROM R-1 To R -2A. ATTORNEY COLLINS FELT IT WAS NOT APPROPRIATE FOR THE COMMISSION TO CONSENT TO AN INCREASE IN ZONING PRIOR TO THE COMPLETION OF ANNEXATION. HE CONTINUED THAT HE THOUGHT THE TOWN OF INDIAN RIVER SHORES HAS TO AGREE TO THIS FIRST. THE ITEM WAS THEN WITHDRAWN FROM THE AGENDA. CHAIRMAN WODTKE FELT THAT THE NEXT ITEM, WHICH WAS FOR FINAL APPROVAL OF ISLAND SHORES SUBDIVISION LOCATED IN THE TOWN OF INDIAN RIVER SHORES, REQUESTED BY .JAMES BEINDORF, DID NOT NECESSARILY NEED THE BOARDS APPROVAL. HENRY MUELLER, DEVELOPER, THEN APPROACHED THE BOARD AND DISPLAYED A PLAT OF THE PROPERTY, AND STATED HE WAS PRESENT ON THE ADVICE OF HIS ENGINEER; BUT THAT THE TOWN OF INDIAN RIVER SHORES NOV 2x.1979 11 8001(• 2 FAGEIQ$ NOV 2 11979 8000 42 PACE 109 DID NOT FEEL IT WAS NECESSARY. HE CONTINUED THAT THE SITE BORDERS COUNTY LAND, AND THERE HAVE BEEN NO COMPLICATIONS AND HE IS READY TO PROCEED WITH THE DEVELOPMENT. MR. MUELLER ADDED THAT THEY HAVE PROVIDED DECELERATION LANES FROM THE HIGHWAY. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY GRANTED FINAL APPROVAL OF ISLAND SHORES SUBDIVISION. DAVID MARSH, SENIOR PLANNER, APPROACHED THE BOARD RE- GARDING THE REQUEST FOR RELEASE OF EASEMENT BETWEEN LOTS 5 AND 6, BLOCK A, OSLO PARK SUBDIVISION UNIT 2, REQUESTED BY LUCIEN J. MICHAUD. HE NOTED THAT THE EXISTING DRAINAGE IS PRIMARILY TO THE FRONT SWALE. MR. MARSH SAID HIS DEPARTMENT FELT THE REQUEST TO RELEASE THE NORTH SIDE LOT OF LOT 6 AND THE SOUTH SIDE LOT OF LOT 5 IS ACCEPTABLE PROVIDED THAT ADJOINING SIDE LOTS ON LOTS 6 AND % DIRECTLY SOUTH ARE RETAINED FOR POSSIBLE FUTURE CROSS - DRAINAGE PURPOSE. HE COMMENTED THEY RECOMMEND APPROVAL SUBJECT TO PROPERTY OWNER S UNDERSTANDING THAT ABUTTING SIDE LOTS FOR LOTS 6 AND 7, BLOCK A,�OSLO PARK SUBDIVISION UNIT 2 ARE TO BE RETAINED FOR FUTURE NEEDS. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER LOY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 79-114-A APPROVING RELEASE OF EASEMENTS BETWEEN LOTS 5 AND 6, BLOCK A, OSLO PARK UNIT 2, AS REQUESTED BY LUCIEN .J. MICHAUD, SUBJECT TO PROPERTY OWNER S UNDERSTANDING THAT ABUTTING SIDE LOTS FOR LOTS 6 AND 7, BLOCK A, OSLO PARK SUBDIVISION UNIT 2 ARE TO BE RETAINED FOR FUTURE NEEDS, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN; THESE DOCUMENTS TO BE PREPARED AT THE EXPENSE OF THE APPLICANT. RESOLUTION NO. 7 9-114 -A MlEREAS, there is drainage and utility easement on each side of the lot lines of Oslo Park, Block A, as filed in Plat Book 4, Page 13, Indian River County, Florida, records, and UBM EAS, Lucien J. Michaud and Stephanie B. Michaud, his wife, are the owners of Lots 5 and 6, Block A, Oslo Park, Unit 2, Plat Book 4, Page 13, Indian River County, Florida, WkEFEAS, said property is in site plan approval for erection of a building on said lots, which said building will lie over side lot line easement on south side of Lot 5, Block A and the North easement of Lot 6, of Block A, Oslo Park, Unit 2; and NOW, TEFREF'ORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida as follows: 1. The Board does hereby release the 2.5 foot side lot line easement over the South 2.5 feet of Trot 5, Block A and the North 2.5 feet of Lot 6f Block A, of said Oslo Park, Unit 2, but it is specifically understood that the side lot line easement on the North side lot line of Lot 5 will remain in full force and effect. 2. That the Chairman of the Board of County Commissioners be authorized to sign a Release of Easement as above set out, and to have said Release recorded in the Public Records of Indian River County, Florida. Dated this 21st day of November , 1979. BOARD OF COUNTY C)MSSIONERS OF INDIAN RIVER COUNTY, FLORIDA William C. Wodtke, Jr., Cha w �• • i _;��1L4 ��1C� 800K 42 PACE NOV 2 11979 t NOV 2 11979 RECFASE OF EASIMU Boos 42 PAc£ THIS RELEASE OF EASEMENT, made and executed this 21stday of November , 1979, between INDIAN RIVER COUNTY, FLORIDA, party of the first part, arld LUCIEN J. MICHAUD and STEPHANIE B. NICHAUD, his wife, parties of the second part; WITNESSETH: For and in consideration of the sum of TEN AND NO/100 ($10.00) DOLLARS and other good and valuable considerations, in hand paid by the parties of the second part, the receipt whereof being hereby acknowledged, the said party of the first part does herewith release, discharge and quit claim unto the said parties of the second part, their heirs, legal representatives, and assigns, forever, the easements in favor of the party of the first part on real property situated in Indian River County, Florida, which said easements are as follows: The North 2.5 feet of Int 5 The South 2.5 feet of Lot 6 All on Block A, as shown on a plat of OSLO PARK, Unit 2 and recorded in the Public Records of Indian River County, Florida, Plat Book 4, page 13. IN WITNESS WHEREOF, the party of the first part, by virtue of the authority vested by law in the Board of County Commissioners and for and on behalf of the County of Indian River, State of Florida, have caused these presents to be executed in its name by its Chairman and its seal to be affixed, attested by its Clerk of the Circuit Court. Signed sealed & delivered in the presence of: BOARD OF COUNTY COY1MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA I BY William C. Wodtke, Jr., irman ATTEST: FREDA WRIGHT, Clerk of the Circuit Court BY STATE Or FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared WILLIAM C. WOME, JR., as Chairman of the Board of County Ccmi.ssioners of Indian River County, State of Florida, and acknowledged before me executing the above and foregoing instrument, in the presence of two subscribing witnesses, freely and voluntarily, under the authority duly vested in him by Law, and that the Seal of the said Board of County Ca mtissioners of Indain River County, State of Florida, affixed thereto is the true seal of the foregoing. WITNESS, - my hand and official seal in the State and County this / "e' day of 1979. NOV 2 11979 at #11AMAZZAAlelo Notary lic, State of r^ rida at Large My commission expires: NOTARY PUBLIC STATE OF FtCRIDA AT LARa MY CUM."!, I i�. f I I.S ' 1 l NONDED THRU G:' I R' l INS U*1aERW X I TV3 (SEAL) BOOK , PAGE _I NOV 2 11979 gooK 42 PAGE 113 DAVID MARSH, SENIOR PLANNER, NEXT DISCUSSED WITH THE BOARD A STREET NAME CHANGE, REQUESTED BY RESIDENTS OF SURF COLONY, TO CHANGE THE NAME OF TAMRICH ROAD TO SEA TURTLE LANE. HE STATED THAT HE CHECKED INTO THIS AND FOUND THERE IS NOT ANOTHER SEA TURTLE LANE IN THE COUNTY, AND RECOMMENDS APPROVAL OF THE REQUEST. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 79-115 CHANGING THE NAME FROM TAMRICH ROAD TO SEA TURTLE LANE IN SURF COLONY SUBDIVISION. � � r RESOLUTION NO. 79 - 115 WHEREAS, the Board of County Commissioners of Indian River County, Florida, approve the filing of a plat for Surf Colony Subdivision, which plat was recorded in Plat Book 3, page 37, Public Records of Indian River County, Florida, and WHEREAS, the plat, as recorded, contained a public road referred to as "Tamrich Road", and WHEREAS, the property owners within Surf Colony Subdivision now desire to change the name of Tamrich Road to Sea Turtle Lane, and WHEREAS, Sea Turtle Lane has been the name commonly used for Tamrich Road, and WHEREAS, petitioners desire the name change without amendment to the plat, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that Tamrich Road, as located in Surf Colony Subdivision, shall from this date be commonly referred to as Sea Turtle Lane with a numerical designa- tion of 16th Place BE IT FURTHER RESOLVED that a copy of this Resolution be mailed to the property owners and other appropriate governmental authorities. Said Resolution shall become effective as of the 21st day of November , 1979. Attest: J Freda Wright, Cle NOV 21.1979 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By r �C/ William C. Wodtke, Jr Chairman �QOK 2 RAGE 1.14 r NOV 211979 600K 42 PAGE 1,1.5 ART CHALLACOMBE, OF THE PLANNING DEPARTMENT, NEXT BROUGHT BEFORE THE BOARD PROPOSED CHANGES TO THE ZONING ORDINANCE TO INCLUDE LAUNDRY.AND DRY CLEANING ESTABLISHMENTS AS SPECIAL EXCEPTIONS WITH THE C-1 AND C -IA COMMERCIAL DISTRICTS, AS FOLLOWS: PLANNING & ZONING DEPARTMENT - REVIEW AND RECOMMENDATIONS ON PROPOSED CHANGES TO THE INDIAN RIVER COUNTY CODE 71-3 TO INCLUDE LAUNDRY AND DRY CLEANING ESTABLISH- MENTS AS SPECIAL EXCEPTIONS WITH THE C-1 AND C -1A COMMERCIAL DISTRICTS EXISTING SITUATION: Presently the County Zoning Ordinance allows dry cleaning establishments to be located only within the M-1, Restricted Industrial District. Self-service type laundry operations are permitted -within the B-1, Planned Business District. Both types of uses, however, are not allowed in the C -1A and C-1, Com- mercial Districts under the current wording in the ordinance. A request for a public hearing to permit laundry and dry cleaning establishments as a special exception within the C -1A and C-1, Commercial Districts was initiated by the Planning and Zoning Commission. RECOMMENDATIONS: An examination of the use intensities of 1) self-service type laundry and dry cleaning establishments, and 2) commercial laundry/dry cleaning establishments show that these types of services should be considered separately in establishing uses within the zoning districts. The Planning staff feels that the intent in establishing the B-1, Planned Business District is to provide a "buffer" zone between residential and more intense com- mercial uses. Compatible uses within this zone are restricted commercial trades and services. Although self-service laundry/dry cleaning establishments are per- mitted within the B-1, Planned Business District, the staff finds that this type of use is not of compatible intensity and would be permitted under the C -1A, Com- mercial District as a limited general commercial trade and/or service. The staff further finds that the intent in establishing the C-1, Commercial District is to provide for highway oriented commercial activities requiring high volume use and traffic flow. Both self-service and professional laundry/dry cleaning services are compatible uses and should be permitted within the C-1, Commercial District. In addition, professional laundry/dry cleaning establishments should continue to be permitted within the M-1, Restricted Industrial District. SUMMARY: Although the Planning and Zoning Commission originally requested a public hearing to include laundry/dry cleaning establishments as a special exception within the C -1A, Restricted Commercial and C-1, Commercial Districts, -the Planning staff feels that self-service and professional laundry/dry cleaning establishments should be considered as separate use types. Staff recommends that self-service and professional laundry/dry cleaning establish ments be prohibited within the B-1, Planned Business District, except that self- service establishments be permitted within the C -1A, Restricted Commercial District. Staff further recommends that self-service and professional laundry/dry cleaning establishments be permitted within the C-1, Commercial District and that pro- fessional establishments continue to be permitted within the M-1, Restricted Industrial District. DISCUSSION FOLLOWED ALONG THOSE LINES. go ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE ADVERTISEMENT FOR PUBLIC HEARING FOR THE INCLUSION OF SELF-SERVICE AND PRO- FESSIONAL LAUNDRY/DRY CLEANING ESTABLISHMENTS BE PERMITTED WITHIN THE C-1, PROFESSIONAL ESTABLISHMENTS CONTINUE WITHIN THE M-1, AND THEIR REMOVAL FROM THL B-1, IN ACCORDANCE WITH THE MEMO FROM THE PLANNING DEPARTMENT. NOV 2 11979 19 640K 42 PAGE 11.6 NOV 211979 BOOK 42 PAGE J 7 PLANNER REVER NEXT DISCUSSED WITH THE BOARD THE POPULA— TION FIGURES FROM THE UNIVERSITY OF FLORIDA, AS FOLLOWS: i"r t COLLEGE OF BUSINESS ADMINISTRATION UNIVE°SITY OF FLORIDA • GAINESVILLE Bureau of Economic and Business Research a Division of Population Studies .11-o+r V. In f%4• (.r•r..cuv /rderai-efr tc rroPcrwive pn�2r�rlfn+p pn,grar; November 1, 1979 Finance Officer Indian River County Courthouse Vero Beach, Florida 32960 Dear Sir or Madam: 221 mai, Orly N.ul1 904 a 3x12.0171 Enclosed is a notice of our prf•lirninary estimate of the April 1, 1979 population of your area. This estimate was produced under contract with the State of Florida for use as one factor determining the distribution of state revenue sharing funds under the provision of Section 23.019, Florida Statutes (Revenue Sharing Act, 1972). Please confirm your receipt of this preliminary estimate by signing one copy of the enclosed form and returning it in the postage -paid return envelope. Since this estimate will directly impact your revenue sharing allocation it must be as accurate as possible. To aid you in evaluating the esti- mate we have enclosed a summary of the data on which the estimate was based. Please evaluate the estimate and mark the appropriate response on the form before returning it. If you decide the estimate is inac- curate please indicate the figure you support and include lily available documentation. When we complete our review of your alternative estimate we will notify you whether or riot our preliminary estirnate has been revised. Your aid in evaluating these vsliuurtes is greatly appreciated. If you have any question: please phone either m(, or my associate, hl:;. Nelinda S. Craine at (904) 392-0171. As our contract requires us to finalize the esLi.mates before January 1, 1f)St), ple:j.Sc sigil and return the en- closed form before Denib� Sincerely, J Bart B. Lewis` ! Chief SL-AiSLlclau BBL/dmc Enclosures M M r UNINC. Preliminary population estimate (permanent residents) April 1, 1979 Population Total Census Chan -0e Due to Population 4/1/70 Annexation Change 22362 0 12987 Preliminary Preliminary Est. Estimate Inmates Less Inmates 4/1/79 4/1/79 4/1/79 35349 281 35068 The population estimate proposed for state revenue sharing, 1980-1981 fiscal year, is 35068. Your preliminary population estimate for April 1, 1979 is 35349 (See enclosed sheet for an explanation of terms.) Please mark Lhe appropriate response and return one copy of this form before December 1, 1979. Retain the other copy for your file. I have reviewed this preliminary population estimate and consider it to be reasonably accurate. I have reviewed this preliminary population estimate and do not consider it to be reasonably accurate. I believe a more accurate estimate would be I request that you reconsider your preliminary estimate. I have reviewed this preliminary population estimate and do not consider it to be reasonably accurate. I am enclosing documentation which 1 believe supports an April 1, 1979, estimate of I request that you review this documentation and reconsider your preliminary estimate. lJa Le Title Ii1PORTAINI T'^ Signature Please return oncr copy of this form before December 1, 1979. Retain the other copy for your file. IMPORTANT Bureau of Economic and Business Research Population Division 221 Mather.ly Ball llniversity of Florida Gainesville, FL 32611 (904) 392-0171 NOV 2 1-1979 21 BOOK 42 PAGE 118 NOV 211979 INDIAN RIVER CO. goo 42 ?AGE Preliminary population estimate (permanent residents) April 1, 1979 Population Total Preliminary Preliminary Est. Census Change Due to Population Estimate Inmates Less Inmates 4/1/70 Annexation Change 4/1/79 4/1/79 4/1/79 35992 0 20769 5676' 281 56480 The population estimate proposed for state revenue sharing, 1980-1981 fiscal year, is 56480. Your preliminary population estimate for April 1, 1979 is 56761 (See enclosed sheet for an explanation of terms.) Please mark the appropriate response and return one copy of this form before December 1, 1979. Retain the other copy for your file. I have reviewed this preliminary population estimate and consider it to be reasonably accurate. I have reviewed this preliminary population estimate and do not consider it to be reasonably accurate. I believe a more accurate estimate would be I request that you reconsider your preliminary estimate. I have reviewed this preliminary population estimate and do not consider it to be reasonably accurate. I am enclosing documentation which I believe supports an April 1, 1979, estimate of I request that you review this documentation and reconsider your preliminary estimate. Date Title Signature *IMPORTANT* Please return one copy of tlifs Norm before December 1, 1979. Retain the other copy for your file. ;:IMPORTANT`^ Bureau of (ironomir and Business Research Population Division 221 ?fatherly Hall University of Florida Gainesville, Fl. 32611 , (904) 392-0171 M 11,ATA SIPWMARY FCR PRELIMI`14RY APRIL 1. 1979• POPULATIGN ESTIMATE E.J �E AJ CF ECCNCM IC AND BUSINESS RESEAYCH U`.IVL'RS(TY OF FLORIDA 221 MATHFPLY MALL GAINESVILLE. FL. 32611 1970 HCUSING UNITS= 13779. 1970HCU SCHOL05= 12325. 1970 POP. IN UNITS= 35715. 1;70 OCCGPANCY RATE 0.a94 197, POP. PER UNIT 2.898 •4EDI a•t AC' 1:70= 34.E 65+ IN 1570= 6251. PERCENT 65+ IN 1970= 17.4 BLACKS 1S 7C= 6514. PERCENT BLACK 1970= 18.3 TIME SERIES LATA 1970 1972 1973 1974 1975 1576 1977 1978 1979 1980 POPULATION 3992. 3910D. 43303. 45030. 46254. 46184. 49706. 52333. �CIFF=RENCE 3116. 4275. 1655. 1216. -70. 2522. 2627. MECICARE ENRC-LEES 6259. 7381. 7730. 8102. 8553. 9149. 9922. , 10802. CIFFERENCE 1122. 349. 372. 451. 596. 713. 880. ELECTRIC CUSTOMERS 13550. 15877. 17550. 18836. 19471. 20,515. 21936. 23431. 25573. DIFFERENCE .2327. 1679. 1200. 635. 587. 1878. 1495. 2142. APRIL CUSTLAtC-:RS O. O. 0. O. O. 0. 0. 23454. 25989. DIFFERENCE 0. 0. 0. O. 0. O. - 0. 2535. INMATES O. 0. 0. 0. 0. 30,277. 279. 281. DIFFF.REIS_E 0. 0. 0. 0. 0. X67. 2.- 2. SCHCC1 ENRCLLMENT 6193. 6274. 6479. 6419. 6229. 6033. 6200. DIFFERENCE Sl. 205. -60. -190. -196. 167. BIRTHS 570. 561. 608. 500. 544. 584. 642. 688. DIFFERENCE -9. 47. -28. -3S. 40. 58. 46. CEA TITS 417. 491. 571. 553. 542. 550. 548. 593. DIFFERENCE 74. 80. -10. -11. 8. -2. 45. ::OTE- ELECTRIC CUSTC)MRS ARE ACTIVE RESIDENTIAL CUSTLMERS FOP. JULY 1 CF THE YEAR NOTED. APRIL CUS TCMnPS ARE ACTI`IE RESIDENTIAL CUSTOMERS FOR APRIL 1 OF THE YEAR NOTED. SCHCUL ENRCLLMENT INGRADE 1-8. PUBLIC AND PRIVATE. BIRTHS AND DEATHS ARE FCR CALENDAR YEARS. GROUP CUARTERS MOLTIPLIER(1970 EASE)- 1.00776 1570 RATIO OF HDU+ HOLDS TO ELECTRIC CUSTOMERS- 0.90959 lJA1i7 1970 1970 OCC. POP. IN 1970 PERMTS TOTAL CURRENT I TYPE UNITS OCC.UNITS RATE UNi TS PPU 7079 EDITS CHANGE INVENTCRY SF 10813. 9907. O.Sl6 30202. 3.048 4620. 280. 4340. IS153. ..F 2118. 1580. 0.746 3202.. 2.026 4474. 20. 4454. 6572. MH 838. 838. I. 000 2000. 2.3136 81. 0. el. 919. TOTAL 13769. 12325. 0.895 35404. 2.872 9175. 300. .8875. 22644. N3 -.E- EDITS 1NC LLCE All SUITRACTIONS FROM THE INVENTORY. TFEY APE MAINLY CANCELLED PERMITS AND DEMOLITIONS. CCC. RATE FCR MCUILE hCMES = 1.0 BECAUSE CENSUS COUNTED ONLY PERMANENTLY OCCUPIED POBILE HCME UNITS. 1970 UNITS HELD FOR OCCASIONAL USE= 386. 2.00 PERCENT 3F ALL YEAR ROUND UNITS 1970 TOTAL UNITS - ALL YEAR-ROUND UNITS + SEASONAL UNITS= 141ll. 1970 SEASCNAL UNITS= 33:.. CR 2.35 PERCENT OF TOTAL UNITS. PERCENT CF TCTAL U,ITS OCCUPIED BY NCHPERMANENTS- 5.1 tNDIAN RIVER UNINCCR :ATA SUMMARY FCR PT,ELIMINARY APRIL 1. 1979• POPULATION ESTIMATE IUkEAU LF ECCNCMIC ANC DJ5IN_SS RESEARCH JJIVEP SITY OF FLCRI OA "I MATH ERLY hALL ."INESVILLE. FL. 32611 1970 HOUSING UNITS= 7644. 1970 HOUSEHOLDS. 707A. 1970 POP. IN UNITS= 22227. 1970 OCCUPANCY RATC 0.93`_ 1970 PCP. PFR UNIT 3.142 TIME SERIES DATA 1970 1972 1973 1974 1975 1976 3977 1978 1979 1980 POPUL.ATI CN 22362. 23188. 26489. 27276. 28178. 277C4. 30414. 32043. OIFFERl NCE 826. 3301. 787. 902. -394. 2530. 1629. ELECTRIC CUSTOMERS 7677. 8770. 9663. 10286. 10749. 10702. 11849. 12971. 14212. O 3FFFRENCE 1093. 893. 623. - 463. -47. 1147. 1122. 1241. APRIL CUSTOMERS 0. O. 0. 0. 0. 0. O. O. 14505. DIFFERENCE 0. 0. O. 0. 0. 0. O. 0. INOATES 0. 0. 0. 0. 0. 10. 277 279. 201. CIFFERLNCE 0. 0. 0. 0. 0. 2C7.. 2 2. !LTTE- ELECTRIC CUSTOMERS AREACTIVE RESICENTIAL CUSTCMERS FOR JULY I OF THE YEAR NOTED. APRIL CUSTCP.EkS ARE ACTIVE RE S(DENTIAL CUSTOIdEkS FOR APRIL 1 OF THE YCAR NOTED.- 1RCUP CUARTERS MVLTIPLIER(1970 EASE)- 1.00007 1970 RATIO OF IOUSFHLLOS TO _LECTRIC CUSTOMERS= 0.92145 -WILDING PERPITS '.F W MH TOTAL 7U-79 3033. 1704. 0. 4737. tDITS 111. 16. 0. 127. •BTAL 2922. 1688. O. 4610. 1970 UNITS - 7644. CURRENT INVE7ITGRY 12254. _ "OTE- ECITS INC LUCE ALL SUDTRACTIO NS FR C4 THE INVENTCRY. TH_Y AI.E 4AII.LY CA I.CELEO P=RMtT] A..D DF .•iL IT iF`1.. CCC. FATE FCR -C Tit= HONES = 1.0 BECAUSE CENSUS COUNT_D CNLY PERMAN..TLY OCCUPI_D MGBILE HC4E U41T5. NOV 2 11979 23 80dK 42 RAGE 120, I NOV 2 11979 BOOK 42 PACE 121 31 99 I"DIAN RIVER CC LATA SUV✓ArY FGR Pf: ELINIVARY APRIL 1. 1979. POPULATIO•.1 ESTIMATE ItJ REA,J Cr ECC•tCM 1C A•tD 3US III_SS R. SEA:CN 1/•.l VL R'_I TY OF rLCMIDA 221 -AT Nr RLY HALL GAINESVILLE. rL. 32611 1970 )ICUSING UNITS- 13779. 1970 HCUSEHOLDS- 12325. 1970 POP. IN UNITS= 35715. 1979 OCCLOANCY RATE 0.804 1971 POP. PER JNIT 2.b98 '.EDIAN AC- (970= 34.5 65 -IN 1970= 6251. PERCENT 65• IN 1970= 17.4 OL ACKS 1.; C! 6514. PERCENT CLACK 1970= 1e.1 TI✓E SERIES CATA 1970 1972 1973 1974 1975 1976 1977 1978 1979 1980 'FCPUL AT I ON 35992. 39108. 43303. 45070. 46254. 461E0. 49706. 52333. CIFF ERC VCE 3116. 4275• 1655. 1216. -70. 3S22. 2627. -ECIC ARE ENRC_LEF.S 6259. 7381. 7730. 8102. 8553. 7149. 9922. 10802. C1FFLkE!KE 1122. 349. 372. 451. 596. 773. 880. ELECTRIC CUSTC'JERS 13550. 15877. 17556. 18836. 19471. 20050. 21936. 23431. 25573. CIFF'-RE"<_ 2327. 1679. (20R. 635. 587. 1878. 1495. 2142. APRIL CUSTf.M.RS 0. O. O. O. O. O. 0. 23454. 25989. C IFF En t(. O. 0. O. O. O. O. O. 2535. Ih MATE" 0. 0. O. O. O. 10. 277. 279. 281. CIF FrREltt:E 0. 0. 0. O. 0. 267. 2. 2. SCF CCL E!IRf LLM ENT 6193. 6274. 6479. 6419. 6229. 6033. 6200. CIF 'r F.R'tx= 8l. 2CS. -60. -190. -196. 167. DIRTrS 570. 561. 608. 500. 544. 584. 642. 688. DIFFERENCE -9. 47. -28. -36. 40. 58. 46. DEATHS 417. 491. 571. 5S3. 542. 550. S48. 593. D[FF[RE NCE 74. 80. -ID. -11. 8. -2. 45. %CTE- ELECTRIC CUSTCML'RS ARE ACTIVE F.ES IDE.CUSTOMERS FOR JULY 1 OF THS YEAR NOTED. APRIL CUST!+t,�e.r5 A = ACTIVE RE SIOENTIAL CUSTOMERS FOR APRIL l OF THE Y$AN NOTED. SCHCCL-'IRLLLMZNT' INCLUDES GRADCS 1-0. PUSLIC AND PRIVATE. II1kTN',i ANG CCATHS ARE FCR CALENDAR YE AfIS. GROUP CUARTERS 4ULTIPLIE4(1970 DASEI= 1.00776 1970 RATIO OF HJ•JSCHCLDS TO LLECTRIC CUSTOMERS. 0.90959 UNIT 1970 1970 DCC. POP. IN 1970 PERMITS TOTAL CURRENT TYPE LhITS CCC.UNI TS RATE UNITS PPJ 7079 EDITS CHANGE IN VE44TORY Sr 10813. 9x07. 0.916 30202. 3.048 4620. 260. 4340. 15153. ✓F .118. 1580. 0.746 3202. 2.026 4474. 20. 4450. 6572. MH .38. 030. 1. C00 2000. 2.386 8l. 0. 81. i 919. TOTAL 13769. 12325. 0.895 35400. 2.872 9175. 300. 8875. 22644. N3TE- EDITS INCLLIE ALL SUBTRACTIONS FROM TME"W ENTORY. TiEY ArE NA['JLY CA*:CELLED PEkMITS AND DE MOLITIOtIS. CCC. RATE FCR M[CILr. I•C MES = 1.0 DECAUSE CcHSUS COUNTED ONLY P[RrA.i(t.T LY OCCUPIEDt'C DI LE HOME UNITS. ' I� 1970 UNITS HELD FCR CCCASIONAL USE= 386. 2.80 PERCENT 3F ALL YEAR ROUND ' WITS I 1970 TCTAL UNITS - ALL Y_AR-NCUf.D Ut11TS ♦ SEASCNAL UNITS= 14111. 1970 SEASCNAL UNITS= 33... CR 2.35 PERCENT CF TCTAL UNITS. PLANNER REVER STATED THAT HE REVIEWED THE MATERIAL AND RECOMMENDS THAT THE BOARD ACCEPT THOSE FIGURES. HE CONTINUED THAT THE FEDERAL CENSUS IS GOING TO BE DONE EVERY FIVE YEARS NOW INSTEAD OF TEN YEARS, AND THE NEW CENSUS IS DUE IN APRIL OF 1980. PLANNER REVER FELT WE SHOULD BE AWARE AND FOLLOW UP ON THE NEW CENSUS DUE TO STATE REVENUE SHARING FUNDS FOR THE COUNTY. HE RECOMMENDED THAT THESE FIGURES BE ACCEPTED NOW AND LET THE CENSUS OF 1980 BEAR US OUT FOR THE REAL POPULATION FIGURES. CHAIRMAN WODTKE FELT THE COMMISSION NEEDS TO HAVE MORE INFORMATION REGARDING THE CENSUS TAKING. HE CONTINUED THE CENSUS IS GOING TO BE TAKEN THROUGH THE MAIL AND EACH RESIDENT WILL HAVE - TO FILL OUT THEIR FORMS. THE CHAIRMAN FELT THIS MIGHT BE A PROBLEM AS THERE WILL BE SOME PEOPLE NOT WILLING TO FILL OUT THEIR FORMS. FINANCE OFFICER BARTON COMMENTED THAT SO MANY THINGS IN_THE COUNTY ARE BASED ON THIS CENSUS AND WE WILL BE LIVING WITH IT FOR FIVE YEARS. HE THOUGHT'IT WAS A -GOOD IDEA TO LOOK INTO IT FURTHER AND TO HELP INFORM ALL THE PEOPLE IN THE COUNTY TO HELP _I GET THE BEST CENSUS THAT WE CAN BECAUSE IT MEANS MORE DOLLARS TO THE COUNTY. ISR. BARTON STATED THAT ONE OUT OF FIVE PEOPLE WILL BE GETTING THE LONG FORM OF CENSUS. DISCUSSION FOLLOWED ABOUT POSTERS AND ADVERTISING AND HOW THE PUBLIC CAN BE EDUCATED ABOUT THE CENSUS. PLANNER REVER SUGGESTED THAT THE MATERIAL CONCERNING THE CENSUS BE STUDIED FURTHER SO THAT IT CAN BE DISCUSSED LATER IN GREATER DETAIL. CHAIRMAN WODTKE ANNOUNCED THAT THE- ITEM CONCERNING THE SUNSHINE REHABILITATION CENTER WAS BEING WITHDRAWN FROM TODAY'S AGENDA, COMMISSIONER SIEBERT SUGGESTED THAT THE:BOARD GIVE PERMISSION, IN THE EVENT IT BECOMES NECESSARY, TO EMPLOY A SURVEYOR TO WORK ON THE SUPERIMPOSING OF THE FOOTBALL FIELD PORTION ON THE PROPERTY IN QUESTION. MOTION WAS MADE BY COMMISSIONER DEESON, SECONDED BY COMMIS - SIGNER LOY, AUTHORIZING THE HIRING OF A SURVEYOR, IF NECESSARY, TO WORK.ON THE SURVEYING AT THE SUNSHINE REHABILITATION CENTER. ATTORNEY COLLINS COMMENTED THAT HE HAD A LEGAL DESCRIPTION IN THE LEASE FOR THE SUNSHINE REHABILITATION CENTER, BUT NOT A DESCRIPTION FOR THE FOOTBALL FIELD. COMMISSIONER LOY FELT THE BOARD SHOULD KNOW FOR SURE WHAT IS COUNTY PROPERTY. ADMINISTRATOR JENNINGS STATED THAT EVERYTHING HAD BEEN SURVEYED ACCORDING TO THE LEGAL DESCRIPTION. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. ASSISTANT ADMINISTRATOR NELSON NEXT DISCUSSED THE BID FOR A BACKHOE AND FRONT LOADER, AS MENTIONED IN THE FOLLOWING MEMORANDUM DATED NOVEMBER 19, 1979; NOV 211979 $ ` 25 42 *&E1?2 __ NOV 211979 600K November 19,'1979 From: Chairman, Bid Committee To: Board of County Commissioners, Indian River County Subj: Backhoe & Front Loader, (IRC Bid # 37) 42 PAcE1.2-3. 1. A public meeting was held at 2:00 PM, November 8, 1979 in room 115 at 2145 14th Ave., Vero Beach, Flo-ida. This meeting was so published on October 26, 1979 in the Vero Beach Press Journal. 2. The following were present: Mr. N. Nelson, Chairman Mr. J. Flint, Member Mr. R. Donlon, Member Mr. G. Hamilton, Supr. of R&B Mr. J. Flynn, Director, Material Management Mr. D. McBride, Kelly Tractor Co. Mr. T. Thomas, Sunrise Ford Tractor Co. 3. Bid # 37 was opened and recorded. The Bid Committee recommends the Board award this bid to the Kelly Tractor Co., West Palm Beach, Fla. The low bid was submitted by Sunrise Tractor Co., Ft. Pierce, Fla. This bid did not meet specifications for the following reasons: Bid Specified the JCB Model 3D or equal. Specified- Net HP of 79 Sunrise Tractor -55 Net HP - 4 Cylinders -3 Cylinders -6500 lb lift cap. -4700 lb -Reach of 20' 8 " -18' 11" -Loader Bucket - 1-5/8 -1 CuYd. CuYd. -Jaw Bucket -N/A -Backhoe Bucket - 10 -6.5 Cat. CuFt. -Overall weight - 16440 -13750 NEIL NELSON Chairman DISCUSSION FOLLOWED ABOUT THE SPECIFICATIONS. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ACCEPTED THE RECOMMENDATION OF THE BID COMMITTEE FOR BID 37 AND AWARDED THE BID TO KELLY TRACTOR COMPANY OF WEST PALM BEACH, FLORIDA IN THE AMOUNT OF $33,835. CONSTRUCTION PROJECT REPRESENTATIVE KONTOULAS NEXT DISCUSSED WITH THE BOARD THE PRELIMINARY REPORT ON CONSTRUCTION DRAWINGS AND SPECIFICATIONS FOR THE ADMINISTRATION BUILDING. HE STATED THAT HE REVIEWED THE DRAWINGS AND SPECIFICATIONS AND HAS 48 PAGES OF COMMENTS CONCERNING THEM. ASSISTANT ADMINISTRATOR NELSON INFORMED THE BOARD THAT MR. SINGH IS DUE TO ARRIVE SOON AND ISR. KONTOULAS COULD GO OVER THE COMMENTS WITH HIM AND RETURN TO THE MEETING AT 3:00 O'CLOCK P.M. TO GIVE A SUMMATION. MR. KONTOULAS STRESSED THE TIME ELEMENT AND SAID THE CONSULTANTS HAVE ABOUT A WEEK OR SO TO GO OVER HIS COMMENTS AND MAKE CORRECTIONS. HE BRIEFLY GAVE SEVERAL EXAMPLES OF HIS CONCERN; SUCH AS: AtKING THE OWNERS' REPRESENTATIVE TO APPROVE JOB DRAWINGS; FINDING SEVERAL AREAS OF REPETITION IN THE TWO PROJECTS; FINDING 50 PAGES OF SPECIFICATIONS OF CHILLERS AND BOILERS THAT DO NOT BELONG IN THE COURTHOUSE PROJECT; SELECTING COLORS OF CERAMIC TILE AND PANELING; AND BEING TOLD TO STOP SALVAGING ANY COPPER FROM THE PROJECT. COMMISSIONER SIEBERT COMMENTED THAT HE WOULD BE WILLING TO ACCEPT MR. KONTOULAS' EVALUATION OF THE SUBJECT. MR. KONTOULAS NOTED THAT IT WOULD PROBABLY UPSET THE ARCHITECTS WHEN THEY SEE THE 48 PAGES OF COMMENTS, BUT THE MAIN THING IS THAT THEY WERE TRYING TO HOLD TO THE SCHEDULE PROCEDURE. HE THEN DISCUSSED WHETHER OR NOT THERE SHOULD BE ONE OR TWO PROJECTS. MR. KONTOULAS DOES SEE SOME COMPLICATIONS BECAUSE IN THE SPECIFICATIONS, THE OWNERS' REPRESENTATIVE IS SUPPOSED TO COORDINATE ALL WORK. THERE IS A PROBLEM WITH HAVING TO MOVE SEVERAL DEPARTMENTS IN ORDER TO START WORKING UPSTAIRS IN THE COURTHOUSE. !DISCUSSION FOLLOWED AND IT WAS DECIDED THAT THE COUNTY WOULD HAVE TO FIND SOME WAY TO ACCOMMODATE THE PEOPLE THAT HAVE TO BE MOVED. ASSISTANT ADMINISTRATOR NELSON FELT IT SHOULD BE MADE KNOWN TO THE BIDDERS THAT WE WILL BE UNABLE TO MOVE FROM THE COURTHOUSE UNTIL IT IS SUBSTANTIALLY COMPLETE, BECAUSE THERE IS NO OTHER PLACE FOR THESE OFFICES TO GO. HE CONTINUED THAT WHETHER IT IS ONE OR TWO CONTRACTS, WE CANNOT MOVE OUT UNTIL THE OTHER BUILDING IS READY. COMMISSIONER LYONS ASKED IF THERE WAS ANY CHANCE THAT WE COULD USE SOME TURN -AROUND SPACE IN THE HOSPITAL FOR THE PEOPLE THAT HAVE TO BE MOVED OUT OF THE COURTHOUSE. NOV 211979 27 Book p4a,1241- NOV 211979 BOOK 42 PAGE 125 MR. KONTOULAS STATED THAT THERE IS SPACE ON THE SECOND FLOOR AT THE HOSPITAL THAT CAN BE USED. HE POINTED OUT THAT WHEN WE MOVE OUT TO THE HOSPITAL AND ARE SUBSTANTIALLY NEAR COMPLETION, WE ARE THEN ON A PUNCH LIST CORRECTION. DISCUSSION ENSUED ABOUT THE LIABILITY ASPECT FOR THE CONTRACTOR AND ARCHITECT. MR. KONTOULAS FELT A SCHEDULE OF PREFERRED AREAS COULD BE WORKED OUT FOR THOSE EMPLOYEES THAT WOULD BE MOVED. THE BOARD SUGGESTED USING SUCH PLACES AS CITY HALL, THE COMMUNITY THEATER, OR ONE FLOOR IN THE GULF -WESTERN BUILDING; AND DISCUSSION FOLLOWED ABOUT POSSIBLY RENTING SPACE, MR. KONTOULAS WANTED THE BOARD TO BE AWARE OF THE PROBLEMS ON WHETHER TO HAVE ONE BID, TWO BIDS, OR COMBINED BIDS FOR THE PROJECTS. HE FELT THE COMBINED BID MIGHT BE AN ADVANTAGE, BUT THE PROBLEM STILL RESTS THAT NOTHING CAN BE DONE IN THE COURTHOUSE UNTIL THE PEOPLE ARE MOVED OUT. ATTORNEY COLLINS WONDERED IF.THE SHERIFF COULD CONSOLIDATE HIS OPERATIONS AT THE JAIL FOR A SHORT PERIOD OF TIME AND MR. KONTOULAS-ANSWERED AFFIRMATIVELY. ADMINISTRATOR JENNINGS OFFERED THE SPACE IN THE ROAD AND BRIDGE DEPARTMENT TO BE USED IF NEEDED, AS THEIR CABINETS WOULD BE EASY TO MOVE. DISCUSSION FOLLOWED, VARIOUS SUGGESTIONS WERE OFFERED, AND IT WAS DECIDED TO CONTINUE THE SUBJECT LATER THIS AFTERNOON WHEN MR, SINGH WOULD BE PRESENT. ATTORNEY COLLINS NEXT DISCUSSED WITH THE BOARD RAYMOND A. .JACKSON'S LAWSUIT AGAINST THE COUNTY AND DER. HE COMMENTED THAT THEY ARE AT THE STAGE WHERE AN OBJECTION HAS BEEN FILED BY MR. .JACKSON REGARDING THE ISSUANCE OF A PERMIT BY THE DER FOR A SEWER PLANT IN GIFFORD. THE ATTORNEY SAID THAT A HEARING OFFICER HAS BEEN APPOINTED AND IS TO SET A HEARING DATE. HE CONTINUED THAT SHERMAN SMITH IS REPRESENTING .JACKSON AND THEY HAVE AGREED ON SEVERAL HEARING DATES, NEITHER OF WHICH ARE ACCEPTABLE TO THE HEARING OFFICER. THE ATTORNEY SAID THAT, IN THE MEANTIME, HE HAS SUGGESTED TO ATTORNEY SMITH TO GET WITH HI'S CLIENT TO FIND OUT WHAT HIS OBJECTIONS ARE AND TRY TO RESOLVE THE PROBLEMS INTERNALLY. HE REPORTED.THAT THEIR BIGGEST OBJECTION IS THE VIRAL AFFECT THE PLANT WILL HAVE ON THE AREA - AIRBORNE VIRUSES. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO REPRESENT THE COUNTY'AND USE COUNTY ENGINEERING TO TRY TO RESOLVE ANY PROBLEMS. ATTORNEY COLLINS NEXT ADVISED THE BOARD THAT A RESOLUTION HAS BEEN PREPARED REGARDING THE HOSPITAL BOND ISSUE AND SUGGESTED WAITING UNTIL THIS AFTERNOON AT 3:00 O'CLOCK P.M. TO DISCUSS IT FURTHER WITH MR. SINGH. THE BOARD NEXT DISCUSSED THE PERSONNEL SURVEY, AS PER THE FOLLOWING MEMORANDUM AND ATTACHMENTS: November 14: 19.79. MEMORANDIRI TO: Jack G. -Jennings, County Administrator FROM: Robert Donlon, Personnel Director It is my recommendation that Cody & Associates be retained to perform the survey as outlined in their proposal. They have been more than satisfactory in their recently completed study for Indian River County. This study will be a continuation of the Classification and Pay Plan we have recently adopted. In addition to the items covered in their proposal, they have agreed to include an Affirmative Action Plan at no additional cost to the County. The funds for this study are included in the Personnel budget for this year. NOV 211979 29 c NOV 2 11979 600K 42' PAGE 127 of a',y& 7q � oc!a F_iJ, _ 12C. NIANAGEh1ENT CONSULTANTS MAIN OFFICE BRANCH OFFICE 2928 Franklin St. 305 Jack Drive Lakeland, Fla. 33801 Cocoa Beach, Fla. 32931 (813) 686-8594 (305) 783-3720 November 8, 1979. Mr. J. G. Jennings County Administrator Indian River County Vero Beach, Florida Dear Mr. Jennings: We are writing to submit a proposal to develop a County Per- formance Evaluation system, up -date and survey personnel rules, regulations and employee benefits and -develop an employee personnel manual. Since we have completed work recently for Indian River County we are in a position to perform this study without expensive orientation time that is usually needed. Because of our experience"in designing similar plans for Florida governments and our knowledge of your local and regional labor market, we feel quite qualified to perform this project. We are known as a company which provides a personalized consulting service and will design a plan around the needs of the County. Sincerely, N. E. Pelle-- o PROPOSAL Cody & Associates, Inc. proposes to provide consultant service to Indian River County which would include: I. OBJECTIVES AND GOALS A. Personnel Rules and Regulations The Rules provide for establishing orderly procedures and guidelines in administering the entire personnel system in some of the following areas: 1. Just and equitable incentives (benefits) and conditions of employment to promote efficiency and economy in the operation of the County's growth. 2. Recruiting, selecting, and advancing employees. 3. Protection of employees against coercion for partisan political purposes. 4. Training employees as needed, to assure high quality performance, encourage careers with the County. 5. Fair treatment of applicants and employees in all aspects of Personnel Administration. 6. System and procedures for carrying out the personnel program establishing lives and channels of reporting, communicating and progress. 7. Grievance procedure for all employees. 8. And other personnel areas. B. Employee Personnel Manual , 1. Provides in easily understandable terms what their personnel program is and what benefits and working conditions they enjoy and/or must adhere to. C.•Performance Evaluation System 1. Provides a system where each employee knows how they are progressing and organizations know what areas and employees need attention and help. 2. Provides a basis for a wage and salary program based upon performance. 3. Improves motivation, through recognition. 4. Train the Rater's in using the system. II.WORK ELEMEUTS A. Design Personnel Rules and Requlations 1. Study the existing personnel system, charter work rules and regulations, and other applicable rules and regula- tions. 2 Review imput from Management and supervisors group memberrs concerning needs,, etc. 3. Design Personnel Rules and Regulations. 4. Submit first (1st) draft for review, feedback and recommendations. 5. Re -design and draft final rules and regulations. 6. Submit final draft for adoption and implementation. 7. Final printing and orientation phase of the rules and regulations. B. Performance Evaluation System Design 1. Analyze the present policies concerning advancement, probation, and etc., that would be involved with per- formance. Study organization structure and future plans. 2. Design performance system to meet the needs as described. 3. Draft final recommended system. 4. After implementation, provide orientation and explana- tion of system. C. Employee Personnel Manual 1. After the Personnel Rules and Regulations are designed and adopted, design a draft of an employees handbook which will cover all conditions of the individuals employment. NOV 2 1 1979 31 Boos 42 PacE 12$ NOV 211979 BOOK 42 PAGE 129 LENGTH OF THE STUDY We estimate that the total elapsed time require to complete this project would be a maximum of three (3) months. We are prepared to begin at a mutually agreeable time. COST OF THE STUDY The cost of this study would be Four Thousand Five Hundred Dollars ($4,500.00) which includes all fees and expenses for the project. . Sincerely, N. E. Pellegr' CLIENT LIST CODY & ASSOCIATES. INC. ` COLLEGES & SCHOOL BOARDS ALACHUA COUNTY SCHOOL BOARD BAKER SCHOOL BOARD BREVARD SCHOOL BOARD DADE SCHOOL BOARD DAYTONA BEACH COMMUNITY COLLEGE rDI SON COMiMIP11ITY COLLEGE ESCAMBIA SCHOOL BOARD HIGHLAtdDS SCHOOL BOARD HILLSBOROUGH COMMUNITY COLLEGE. LAKE COUNTY SCHOOL BOARD LEON COUNTY SCHOOL BOARD INDIAN RIVER SCHOOL BOARD' ORANGE SCHOOL BOARD PINELLAS SCHOOL BOARD POLK COMMUNITY COLLEGE POLK SCHOOL BOARD SARASOTA SCHOOL BOARD SANTA FE COMMUNITY COLLEGE ST. JOHNS RIVER COMMUNITY COLLEGE UNIVERSITY OF WEST FLORIDA OTHER BREVARD COUNTY MENTAL HEALTH MICCOSUKEE TRIBE OF INDIANS OF CENTER, INC. FLORIDA, INC. BREVARD COUNTY SHERIFF ORANGE COUNTY COMPTROLLER COLLIER COUNTY CLERK OF COURTS ORANGE COUNTY SHERIFF EAST VOLUSIA MOSQUITO CONTROL PALMER NATIONAL BANK AND TRUST DISTRICT COMPANY OF SARASOTA FORT PIERCE UTILITIES AUTHORITY SOUTHWEST FLORIDA WATER JESS P ARRISH MEMORIAL HOSPITAL MANAGEMENT DISTRICT LEE COUNTY CLERK OF COURTS TAMPA HOUSING AUTHORITY M=-DADE WATER & SEWER AUTHORITY' VILLA MARIA NURSING HOME Attachment 32 March 1979 CITY GOVERNMENTS BELLE GLADE HAINES CITY NAPLES BLOUNTSTOWN HALLANDALE NEW PORT RICHEY,* BOCA RATON HOLLY HILL NEW SMYRNA BEACH CAPE CANAVERAL HOLLYWOOD PEMBROKE PINES CHATTAHOOCHEE INDIAN HARBOR BEACH PLAINTATION CLEARWATER JACKSONVILLE BEACH POMPANO BEACH CLERMONT KISSIMMEE PUNTA GORDA COCOA LAKELAND QUINCY COCOA BEACH LAKE WALES RIVIERA BEACH CORAL SPRINGS LAKE WORTH ROCKLEDGE DANIA LARGO ST. CLOUD DAYTONA BEACH SHORES LAUDERHILL SANFORD DEERFIELD BEACH LONGBOAT KEY SANIBEL DELAND LYNN HAVEN SARASOTA DUNEDIN MAITLAND SATELLITE BEACH EUSTIS MELBOURNE TALLAHASSEE FERNANDINA BEACH MIAMI SHORES TAMPA FORT LAUDERDALE MIAMI SPRINGS TEMPLE TERRACE FORT MEADE MILTON TITUSVILLE FORT PIERCE MOUNT DORA TREASURE ISLAND GAINESVILLE MULBERRY WINTER PARK GULFPORT VERO BEACH COUNTY GOVERNMENTS ALACHUA GADSDEN LEE PASCO BREVARD GLADES MONROE PINELLAS BROWARD HARDEE ORANGE POLK COLLIER HILLSBOROUGH OSCEOLA SANTA ROSA DESOTO INDIAN RIVER PALM BEACH SEMINOLE ESCAMBIA LAKE VOLUSIA ` COLLEGES & SCHOOL BOARDS ALACHUA COUNTY SCHOOL BOARD BAKER SCHOOL BOARD BREVARD SCHOOL BOARD DADE SCHOOL BOARD DAYTONA BEACH COMMUNITY COLLEGE rDI SON COMiMIP11ITY COLLEGE ESCAMBIA SCHOOL BOARD HIGHLAtdDS SCHOOL BOARD HILLSBOROUGH COMMUNITY COLLEGE. LAKE COUNTY SCHOOL BOARD LEON COUNTY SCHOOL BOARD INDIAN RIVER SCHOOL BOARD' ORANGE SCHOOL BOARD PINELLAS SCHOOL BOARD POLK COMMUNITY COLLEGE POLK SCHOOL BOARD SARASOTA SCHOOL BOARD SANTA FE COMMUNITY COLLEGE ST. JOHNS RIVER COMMUNITY COLLEGE UNIVERSITY OF WEST FLORIDA OTHER BREVARD COUNTY MENTAL HEALTH MICCOSUKEE TRIBE OF INDIANS OF CENTER, INC. FLORIDA, INC. BREVARD COUNTY SHERIFF ORANGE COUNTY COMPTROLLER COLLIER COUNTY CLERK OF COURTS ORANGE COUNTY SHERIFF EAST VOLUSIA MOSQUITO CONTROL PALMER NATIONAL BANK AND TRUST DISTRICT COMPANY OF SARASOTA FORT PIERCE UTILITIES AUTHORITY SOUTHWEST FLORIDA WATER JESS P ARRISH MEMORIAL HOSPITAL MANAGEMENT DISTRICT LEE COUNTY CLERK OF COURTS TAMPA HOUSING AUTHORITY M=-DADE WATER & SEWER AUTHORITY' VILLA MARIA NURSING HOME Attachment 32 March 1979 COMMISSIONER SIEBERT ASKED IF THERE WAS ANY GRANT MONEY AVAILABLE TO DO THIS WORK AND PERSONNEL DIRECTOR DONLON REPLIED NEGATIVELY. COMMISSIONER LYONS WONDERED IF THERE WAS ANY CHANCE THAT THE COUNTY COULD CONSOLIDATE WITH THE CITY OF VERO BEACH FOR SUCH A STUDY. PERSONNEL DIRECTOR DONLON STATED THAT THIS HAD NOT BEEN CONSIDERED. CHAIRMAN WODTKE INQUIRED IF THE SAME SERVICE WOULD BE AVAILABLE TO THE CONSTITUTIONAL OFFICERS AND BE INCLUDED IN THE FEE. PERSONNEL DIRECTOR DONLON STATED THAT HE COULDN'T ANSWER THAT, BUT THERE WAS NO REASON WHY SOME OF THE OTHER OFFICERS COULDNIT ADOPT OUR RULES. COMMISSIONER SIEBERT ASKED IF OUR PERSONNEL RULES AND REGULATIONS NEEDED REVIEW. PERSONNEL DIRECTOR DONLON ANSWERED AFFIRMATIVELY AND STATED THAT THE COUNTY IS NOT IN COMPLIANCE WITH FEDERAL GUIDE- LINES AT THE PRESENT TIME, AND NOW WITH THE EQUAL OPPORTUNITIES MATTER, YOU MUST HAVE A LEGAL DOCUMENT, AND AN EMPLOYEE HANDBOOK. HE CONTINUED THAT OVER THE YEARS, THINGS HAVE BEEN MORE COMPLICATED. COMMISSIONER SIEBERT FELT THERE MIGHT BE A PROBLEM COMBINING OUR STUDY WITH THE ONE PLANNED FOR THE CITY OF VERO BEACH. COMMISSIONER LYONS COMMENTED THAT WHAT BOTHERED HIM IS THAT STUDIES ARE DONE BUT SO MANY TIMES ALL THE INFORMATION GETS PUT INTO A BOOK AND NOTHING IS DONE WITH IT. COMMISSIONER LOY FELT IT IS REALLY A MATTER OF PROTECTING OURSELVES. DISCUSSION FOLLOWED ABOUT ENFORCING THE NEW RULES AND REGULATIONS. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER LOY, THAT THE BOARD ACCEPT THE RECOMMENDATION OF THE PERSONNEL DIRECTOR, AS OUTLINED IN HIS MEMORANDUM OF NOVEMBER 14, 1979, el NOV 2 11979 33 ���� ��� �. Fl - N OV 211979 Boa 42 PACF.131 CHAIRMAN WODTKE COMMENTED THAT HE WOULD LIKE TO SEE A PROPOSED CONTRACT DRAWN UP FOR CONSIDERATION OF THE BOARD, AND WOULD LIKE TO BE SURE THAT THE FINAL RESULTS OF THIS STUDY ARE INCLUDED, AND THAT WE HAVE COMPLIED WITH ALL THE STATE REGULATIONS. DISCUSSION FOLLOWED ALONG THOSE LINES. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. THE BOARD THEN ADJOURNED AT 12:00 O'CLOCK NOON AND RECONVENED AT 1:30 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. ATTORNEY COLLINS NEXT BROUGHT BEFORE THE BOARD A REQUEST FROM DER REGARDING THE DEVELOPMENT OF VISTA PROPERTIES. HE EXPLAINED THAT THE STATUTES PLACES PART OF THE BURDEN ON FILLING IN MARSH AREAS ON THE BOARD AND APPROVAL IS NEEDED BEFORE THE PROJECT CAN GO AHEAD. THE ATTORNEY SAID THAT PRIOR TO THE BOARD'S APPROVAL, THE APPLICANT MUST GO THROUGH THE DER AND GO THROUGH A BIOLOGICAL STUDY; THESE DOCUMENTS MUST BE HAD BEFORE THE BOARD CAN PROCEED WITH THE REQUEST. HE NOTED THAT THE PRIME PURPOSE IS, PRIOR TO WETLANDS BEING FILLED, DAMAGED OR CHANGED, IS THAT INPUT FROM THE LOCAL GOVERNMENT IS NEEDED. THE ATTORNEY ADVISED THE BOARD'S DECISION WOULD BE BASED HEAVILY ON WHAT THE PLANNING DEPARTMENT RECOMMENDS. DAVID MARSH, SENIOR PLANNER, COMMENTED THAT THEY DID LOOK OVER THE APPLICATION, TALKED WITH THE APPLICANT, AND THE DER. HE CONTINUED THAT THERE IS SOME ADDITIONAL CORRESPONDENCE WHICH.INDICATED THAT THE DER HAD COME TO AN AGREEMENT WITH THE APPLICANT ON THE TWO SMALL AREAS WHERE THE DER WAS CONCERNED WAS ENVIRONMENTALLY SENSITIVE - THOSE AREAS WILL NOT BE FILLED. MR. MARSH COMMENTED THAT THEY DO RECOMMEND APPROVAL ON THAT BASIS, AND THE APPLICANT HAS AGREED TO COMPLY WITH THOSE REQUESTS REGARDING THE TWO SMALL SLOUGHS. COMMISSIONER LYONS INTERJECTED THAT THE AREA IS NOT PROPERLY DEFINED IN THE LETTER FROM THE DER AND WHAT THE BOARD IS ASKED TO APPROVE IS NOT MENTIONED. HE SUGGESTED THAT THIS BE CONTINUED UNTIL WE RECEIVE THE FINAL DESCRIPTION OF THE PROPERTY THAT IS INVOLVED. w DISCUSSION FOLLOWED AND IT WAS DECIDED THAT SINCE THE LETTER FROM DER GIVING THE PARTICULARS NEEDED FOR APPROVAL IS TO BE MADE A PART OF THE MINUTES, THE BOARD SHOULD BE FURNISHED A NEW LETTER WITH THE CORRECT INFORMATION. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AGREED TO CONTINUE THIS MATTER UNTIL AFTER AN UP-TO-DATE LETTER IS RECEIVED*FROM THE DER ON THIS,MATTER. PLANNING DIRECTOR REVER NOTED THAT HIS DEPARTMENT WOULD PURSUE OBTAINING THE LETTER NECESSARY FROM THE DER, COMMISSIONER Loy STATED THAT IT WAS CALLED TO HER ATTENTION THAT THE BOARD NEEDED TO ADOPT A MOTION ACCEPTING THE POPULATION FIGURES FROM THE UNIVERSITY OF FLORIDA. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AGREED TO HAVE THE COUNTY ACCEPT THE POPULATION FIGURES SUBMITTED BY THE UNIVERSITY OF FLORIDA FOR THE COMING FISCAL YEAR, AND AUTHORIZE THE CHAIRMAN TO SIGN ANY NECESSARY DOCUMENTS, COMMISSIONER LOY NOTED THAT AN ADDITION SHOULD BE MADE TO A MOTION MADE ON AUGUST 22, 1979 REGARDING, THE CONSTRUCTION OF BARBER AVENUE,FOR CLARIFICATION. SHE SUGGESTED ADDING, "AID AUTHORIZED THE EXECUTION. OF ALL VOUCHERS FOR PAYMENT OF THE CONTRACT; �� AND THE FOLLOWING IS THE ENTIRE MOTION IN ITS AMENDED FORM: "On Motion by Commissioner Lyons, seconded by Commissioner Siebert, the Board unanimously authorized Intergovernmental Coordinator Thomas to proceed with steps to obtain Secondary Road Funds for the construction of Barber Avenue; authorized the Chairman or Vice Chairman to sign the application to the State subject to approval of the Attorney; and agreed that authorized personnel and officials be empowered to execute all subsequent vouchers to obtain funding for the construction of Barber Avenue up to the maximum of $336,143.79; and authorized the execution of all vouchers for paiment of the contract; plus other contracted items associated with the construction of Barber Avenue. r/ NOV 211979 35 floc42k"CE2 r NOV 211979 BOOK FAUf ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED ADDING "AND AUTHORIZED THE EXECUTION OF ALL VOUCHERS FOR PAYMENT OF THE CONTRACT;if TO THE MOTION MADE ON AUGUST 22, 1979 REGARDING CONSTRUCTION OF BARBER AVENUE. COMMISSIONER LYONS NEXT SUGGESTED THE POSSIBILITY OF A TREE PROTECTION ORDINANCE AND ASKED THE BOARDS PERMISSION TO GET IT STARTED THROUGH THE PLANNING DEPARTMENT. HE CONTINUED THAT HE KNEW THE PLANNING DEPARTMENT WAS BUSY BUT HE FELT HE COULD DELIVER TO THEM A PRETTY NEARLY COMPLETED PRODUCT. COMMISSIONER SIEBERT COMMENTED THAT HE HAD NO OBJECTION. ATTORNEY COLLINS THOUGHT THE TYPE OF TREES THEY ARE TRYING TO PROTECT SHOULD BE IDENTIFIED. COMMISSIONER Loy SUGGESTED WE DO NOT PROTECT PEPPER TREES AND MELALEUCA TREES. COMMISSIONER LYONS FELT THAT THE COUNTY HAD ENOUGH LOCAL EXPERIENCE TO WORK OUT A PRACTICAL ORDINANCE WITH'A LITTLE AMOUNT OF WORK FROM THE PLANNING DEPARTMENT. COMMISSIONER LYONS NEXT ANNOUNED THAT HE MET WITH THE TAC COMMITTEE ON THE COMMON DRAINAGE PROBLEM WITH THE CITY, AND HE LOOKED AT SOME OF THE PROPOSALS FROM THE ENGINEERS. HE HOPED BY NEXT WEEK THEY WOULD COME UP WITH A RECOMMENDATION. COMMISSIONER LYONS COMMENTED TO THE BOARD THAT HE HAS BEEN VERY INTERESTED IN SEEING THAT FLORIDA LIVING CARE FINDS A WAY TO BUILD A NURSING HOME. HE CONTINUED THAT AT THE OCTOBER LOTH MEETING, A MOTION WAS MADE TO GRANT AN ALLOCATION OF 10,000 GPD FROM THE 100,000 GALLONS FROM THE HOSPITALS PREVIOUS'ALLOCATION. COMMISSIONER LYONS STATED HE WOULD LIKE TO SEE THE BOARD INSTRUCT THE UTILITIES DEPARTMENT T0, CONNECT, UPON REQUEST, WATER TO THE FLORIDA LIVING CARE FROM THE WATER LINE THERE, AND HONOR THEIR REQUEST UNTIL WE GET STRAIGHTENED OUT WITH THE CITY OF VERO BEACH. HE FELT THAT THIS COUNTY NEEDS THE ADDITIONAL NURSING HOME AND WOULD LIKE TO SEE THE COUNTY TAKE THAT POSITION. i COMMISSIONER Loy COMMENTED THE BOARD HAS ESTABLISHED THAT THIS IS A PRIORITY PROJECT. DISCUSSION FOLLOWED ALONG THOSE LINES. ATTORNEY COLLINS NOTED THAT THERE IS AVAILABILITY. HE STATED THE NURSING HOME IS GOING TO HAVE TO INCUR THE EXPENSE, WHICH WOULD INCLUDE A METER. THE ATTORNEY SAID THEY WOULD BE A WHOLESALE CUSTOMER JUST LIKE ANY OF THE OTHER GIFFORD RESIDENTS, AND -THE COUNTY WOULD BILL THEM. CHAIRMAN WODTKE WONDERED IF OUR AGREEMENT WITH RALMAR WOULD ALLOW US TO PROCEED IN THIS MANNER, ATTORNEY COLLINS SAID HE WOULD LOOK INTO IT; RALMAR IS A CITY CUSTOMER, BUT WE DO HAVE RIGHTS UNDER THE CONTRACT. HE CONTINUED THAT WHEN WE DO TAKE OVER THE HOSPITAL,IT WILL BE WITH WHATEVER THE CITY NOW HAS. ATTORNEY COLLINS SAID HIS UNDERSTANDING IS THAT THIS 100,000 GALLONS WILL BE AVAILABLE FOR ALLOCATION IN THE GIFFORD AREA DURING THE INTERIM PERIOD, AND ANY ACTION ON THE 10,000 GPD NOW DOES NOT TAKE AWAY FROM EXISTING COMMITMENTS. DISCUSSION CONTINUED AND IT WAS DECIDED THAT COMMISSIONER LYONS WOULD WORK ON PUTTING TOGETHER SOMETHING TO ENABLE FLORIDA LIVING CARE TO TAP IN THE 10,000 GPD. THE HOUR OF 2:00 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: NOV 21-1979 37 Banc42 .3 ; . NOV 211979 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being %1 i 1 in the Court, was pub- fished in said newspaper in the issues of �e. o� �. 127 9 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 day of A.D. -j 9.79 (Business Manager) (BEAU (Clerk of the Circuit Court, I i di )n River County, Florida) gooK 42 PAGE 135 NOTICE NOTICE IS HEREBY GIVEN* that the Planning and Zoning Commission of Indian River County, Florida, has tentatively app- roved the following changes and additions to the Zoning Ordinance of Indian River County, Florida, which changes and additions are substantially as follows: 1. That the Zoning Map be changed in order that the following described property situated east of U.S. Hwy. 1 on the Indian River app- roximately 650'' north of Hobart Road (77th Street)In Indian River County, Florida, to wit:. The east 249.88 feet of Tract "B", Hobart Landing Unit Two, as recorded in the Public Records of Indian River County, Florida, Plat Book 1, page 46, AND that portion of the land mass east- of and *adjacent to -said Tract "B". extending into the Indian River as reflected on the Indian Rlyer County Property Appraiser's Map of Section 34, Township 31 South, Range 39 East as revised January 1,'1973 Be changed from R-3 Multiple dwelling district to R-1 single family district. A public hearing in relation thereto at which ; parties in interest and citizens shall have an ' opportunity to be heard, will be field by said Planning and Zoning Commission in the County Commission Room, Indian River County Courthouse, Vero Beach, Florida, on. Thurs- day, October 11, 1979, at 7:30 P.M., after which said public hearing in relation thereto at which parties in interest and citizens shall have an opportunity to be heard will be held by the Board ,od County Commissioners of Indian River County, Florida, in the County Com. mission Room, Indian.. River County Courthouse, Vero ,Beach, Florida, on Wed- nesday, November 21, 1979, at 2:00 P.M. Board of County Commissioners Indian River County By: William C. Wodtke, Jr. Chairman Sept. 26, 28, 1979. THE FOLLOWING NOTICE WAS SENT TO FRED P. BRIGGS, DISTRICT MANAGER, HOBART BROTHERS COMPANY, BY THE CLERK OF THE CIRCUIT COURT PURSUANT TO FLORIDA STATUTE 125.66. 9 FRE®A WRIGHT CLERK. CIRCUIT COURT AND RECORDER P. 0. BOX 1028 VER O BEACH - FLORIDA 32960 October 15, 1979 Mr. Fred P. Briggs, District Manager Hobart Brothers Company P. 0. Box 1600 Vero Beach,*Florida 32960 Dear Mr. Briggs: In compliance with Florida Statute 125.66, the following is a Notice of Public Hearing for rezoning, as requested by the Board of County Commissioners: NOTICE The Zoning Map will be changed in order that the following described property situated in Indian River County, Florida, to -wit: The East 249.88 feet of Tract "B", Hobart Landing Unit Two, as recorded in the Public Records of Indian River County, Florida, Plat Book 1, page 46, AND that portion of the land mass east of and adjacent to said Tract "B" extending into the Indian River as reflected on the Indian River County Property Appraiser's Map of Section 34, Township 31 South, Range 39 East as revised January 1, 1973. Be changed from R-3 Multiple Dwelling District to R-1 Single Family District. A public hearing in relation thereto will be held by the Board of County Commissioners, of Indian River County, Florida in the County Commission Room in the County Courthouse, Vero Beach, Florida, on Wednesday, November 21, 1979, at 2:00 o'clock P.M. Sincerely, �rtAI- Freda Wright Clerk jwc cc= Hobart Brothers Co., Troy, Ohio NOV 2 i 1979 mm r NOV 2 11979 mg .42 no 137 WENDY LANCASTER OF THE PLANNING STAFF STATED THAT THE SUBJECT PROPERTY IS PART OF HOBART LANDING SUBDIVISION, UNIT 2, LOCATED ON THE INDIAN RIVER APPROXIMATELY 650' NORTH OF HOBART ROAD. SHE CONTINUED THAT HOBART BROTHERS RECEIVED TENTATIVE APPROVAL OF A PLAT FOR UNIT 3 OF HOBART LANDING SUBDIVISION WHEN A ZONING CHANGE FROM R-3 To R-1 WAS APPROVED BY THE BOARD ON AUGUST 22, 1979. MISS LANCASTER COMMENTED THAT AT THE SAME MEETING,, THE BOARD INITIATED A REZONING OF THE EAST 249.88 FEET OF TRACT B FROM R-3 TO R-1, AS REQUESTED BY HOBART LANDING PROPERTY OWNERS. SHE REPORTED THAT NO OPPOSITION WAS VOICED, AND STAFF RECOMMENDED APPROVAL OF THE ZONING CHANGE. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO SPEAK. FRED BRIGGS, REPRESENTING HOBART BROTHERS, APPROACHED THE BOARD AND STATED THAT HE WAS NOT NOTIFIED of THE REGULARLY SCHEDULED MEETING HELD BY THE PLANNING a ZONING COMMISSION ON OCTOBER 11, 1979, WHICH WAS POSTPONED UNTIL OCTOBER 15TH, THEREFORE, UNABLE TO VOICE HIS OBJECTION TO THE PROPOSED ZONING CHANGE FROM R-3 To R-1. ATTORNEY COLLINS STATED THAT HE WAS AWARE OF THE SITUATION THAT THE MEETING DATE HAD BEEN CHANGED DUE TO AN INTERNAL MATTER. MR. BRIGGS AGAIN EXPRESSED CONCERN FOR NOT BEING NOTIFIED OF THE MEETING AS HE WAS INTERESTED IN ATTENDING. HE STATED THAT HE WISHED TO GO ON RECORD THAT HOBART BROTHERS COMPANY HAS NO INTENTION OF MAKING THIS INTO A MULTI -FAMILY DEVELOPMENT. MR. BRIGGS SAID THAT THEY DO NOT OWN PROPERTY TO THE SOUTH BUT HAVE BEEN CONSIDERING IT - A GREAT DEAL DEPENDS UPON THE BOARD'S DECISION TODAY. HE STATED THE R-3 PROPERTY IS WHERE THEY NOW HAVE THE BOAT HOUSE; THE ONLY WAY TO DEVELOP THE LAND TO THE SOUTH, WITH PROPER PLANNING AND CONTROL, IS THROUGH THE AREA UP FOR REZONING. MR. BRIGGS SAID THAT IS WHY THEY REQUESTED R-3, NOT TO PUT UP A MOTEL, BUT THEY HAVE OTHER PEOPLE THAT ARE INTERESTED IN DEVELOPING THE AREA FROM THE SOUTH, AND THIS COULD BE THE PROPER WAY OF HAVING. ACCESS TO THE RIVER. HE FELT IT WAS NOT FAIR THAT THEY SHOULD BE STOPPED BY JUST A FEW PEOPLE, AS IT WOULD ENHANCE THE PROPERTY TO THE SOUTH TO HAVE A CANAL CUT THROUGH AT THIS POINT. w _I COMMISSIONER SIEBERT DID NOT UNDERSTAND WHAT THE ZONING - -- HAD TO DO WITH CUTTING A CANAL THROUGH. ATTORNEY COLLINS EXPLAINED THAT ALL MR. BRIGGS WANTS TO DO IS CUT A CANAL THROUGH, IF AND -WHEN IT COMES ABOUT, BUT THIS COULD BE DONE IN R-1 ZONING AS WELL AS R-3. MR. BRIGGS FELT THAT THE HURDLES WOULD BE EASIER TO OVER- COME IF THE ZONING WERE R-3, ESPECIALLY IF THE STATE BECOMES INVOLVED. HE REITERATED THAT THE OBJECTIONS OF THE PROPERTY OWNERS ARE THAT THEY DO NOT WANT MULTI -FAMILY DEVELOPMENT IN THAT AREA. MR, BRIGGS FELT THAT FROM THE TIP OF THE PROPERTY WEST, IT COULD BE CONSIDERED SPOIL ISLANDS. HARRY F. HYND, PRESIDENT OF THE NEWLY FORMED HOBART LANDING HOMEOWNERS ASSOCIATION, STATED THAT THEY WERE VERY PLEASED WITH THE PLANNING & ZONING COMMISSION AND THE BOARDS ACTION AND THEY SUPPORT 100% THE ZONING CHANGE FROM R-3 TO R-1. HE CONTINUED THAT THERE ARE BIG SIGNS INDICATING THAT HOBART LANDING IS PRIVATE PROPERTY, WITH NO TRESPASSING ALLOWED, AND THEY ALL BOUGHT EXPENSIVE HOMES BECAUSE THEY HAD ACCESS TO THE RIVER THROUGH THE CHANNEL. MR. HYND FELT THERE ARE NOT MANY AREAS LEFT IN THE COUNTY SUCH AS THIS ONE; IT IS A PRIVATE PROPERTY PLACE. HE CONTINUED THAT IT IS NOT A MATTER OF HAVING A FEAR OF A MULTI -FAMILY DEVELOPMENT GOING IN, THEIR FEAR IS THAT THIS PRIVATE DEVELOPMENT WILL NO LONGER CONTINUE TO BE PRIVATE. HE STATED THAT R-1 ZONING IS VERY SPECIFIC IN THE USES OF THE PROPERTY, AND HE FELT PUTTING A CANAL THROUGH THERE WAS NOT ONE OF THEM. MR. HYND FELT THAT TO PROTECT THEIR PROPERTY, AND UNDER THE AGREEMENTS IN WHICH THE HOMEOWNERS PURCHASED THEIR PROPERTY, THE ZONING SHOULD BE CHANGED TO R-1, ATTORNEY COLLINS NOTED THAT THE PROPERTY, IF ZONED R-1, COULD NOT BE USED FOR A MARINA; IT COULD BE CUT FOR A CHANNEL, ASSUMING THE VARIOUS ENVIRONMENTAL PERMITS COULD BE OBTAINED. GEORGE KRAFT, 3536 MARTHAS LANE, INFORMED THE BOARD THAT THERE IS A DEPOSITION ON FILE SHOWING THAT THE PROPERTY OWNERS WERE UNANIMOUS IN WANTING THE ZONING R-1 AND ONLY THOSE WANTING IT -TO BE R-3 WERE HOBART BROTHERS COMPANY. HE CONTINUED THAT HE UNDERSTOOD NOV 2 x.1979 41 mow `���.. NOV 2 11979 '900K 42 LS.q- THAT THERE HAS BEEN A TRANSACTION FOR THE WET PROPERTY TO THE SOUTH AND THAT IT IS ZONED AS A MARINA. MR. KRAFT SAID THERE WAS A BAHAMIAN GROUP INTERESTED IN 79 ACRES AND THEY EXPECT TO CUT A CHANNEL THROUGH; ONCE THAT CHANNEL IS CUT THROUGH, THEY WOULD HAVE LOST EVERYTHING THAT WAS PROMISED TO THEM, INCLUDING THEIR PRIVACY. MR. KRAFT COMMENTED THAT THEIR MAIN OBJECTION IS THAT THEY DON'T WANT THE CHANNEL CUT THROUGH THERE; AND THEY DO AGREE WITH THE R-1 ZONING. MR. RUSSELL, 3565 LUCY DRIVE, APPROACHED THE BOARD AND STATED THAT HE AGREED WITH EVERYTHING THAT MR. KRAFT SAID. HE REFERRED THEN TO THE STATEMENT THAT MR. BRIGGS MADE THAT NO MULTI - HOMES WOULD BE BUILT ON THAT PROPERTY. MR. RUSSELL ADVISED THAT ONCE BEFORE MR. BRIGGS WENT ON RECORD WITH HIM THAT THIS PROPOSED CHANNEL WOULD NEVER BE BUILT THERE, THEREFORE, HE HAD NO FAITH OR CONFIDENCE IN HIS GOING ON RECORD. HE CONTINUED THAT THEY ALL DEFINITELY WANT TO SEE THE ZONING BE CHANGED TO R-1. CHAIRMAN WODTKE ASKED IF THERE WAS ANYONE PRESENT WHO WISHED TO'SPEAK. THERE WERE NONE. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. DISCUSSION FOLLOWED AND IT WAS AFFIRMED THAT A MARINA WOULD BE A SPECIAL EXCEPTION IN R-3 ZONING. COMMISSIONER LOY NOTED THAT THE REQUEST BEFORE THE BOARD TODAY STARTED BACK WHEN THE PROPERTY OWNERS IN THIS AREA PREVAILED UPON THE BOARD TO GIVE THEM SOME ASSURANCE THAT THIS PROPERTY WOULD BE ZONED R-1, AND THERE HAS BEEN PLENTY OF NOTICE GIVEN ALONG THE WAY. MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMIS- SIONER LYONS, FOR THE BOARD TO ADOPT ORDINANCE No. 79-30 REZONING THE EAST 249.85 FEET OF TRACT B, HOBART LANDING UNIT 2 FROM R-3 MULTIPLE DWELLING DISTRICT TO R-1 SINGLE FAMILY DISTRICT. _r CHAIRMAN WODTKE STATED THAT HE CEfRTAINLY UNDERSTANDS HOW THE PROPERTY OWNERS ARE CONCERNED ABOUT THEIR PRIVACYaAND THAT IT REMAIN A PRIVATE AREA FOR THEM. HE CONTINUED THAT HE JUST COULDN'T THINK OF THIS BOARD ALLOWING A MARINA TO BE BUILT IN ANY PRIVATE AREA. COMMISSIONER LYONS AGREED THAT THIS IS A VERY FAVORABLE PIECE OF PROPERTY, WHATEVER THE ZONING. CHAIRMAN WODTKE THEN ASKED MR. BRIGGS IF HE HAD ANY SUB— STANTIAL DOCUMENTATION TO SHOW THAT IT WOULD BE MORE ADVANTAGEOUS TO HAVING THE PROPERTY ZONED R-3. MR. BRIGGS COMMENTED THAT HOBART BROTHERS COMPANY DOES RECOGNIZE THE FACT THAT ALL OF THE PROPERTY OWNERS HAVE BUILT BEAUTIFUL HOMES; THE COMPANY HAS BEEN IN THE COUNTY A GOOD MANY YEARS AND WOULD NOT DO ANYTHING TO DETERIORATE THE PROPERTY. HE CONTINUED THAT ALL THEY.HNVE DONE OVER THE YEARS IS BRING UP THE VALUE OF THE AREA, AS THEY ARE A WORLDWIDE COMPANY AND ARE NOT TRYING TO HURT ANYTHING. COMMISSIONER SIEBERT NOTED THAT THE CANAL SYSTEM IS AN INTEGRAL PART OF HOBART LANDING. MR. BRIGGS STATED THAT THE PROPERTY OWNERS DO NOT OWN THE CHANNELS BUT HE THOUGHT IT WOULD BE REASONABLE FOR THE PROPERTY OWNERS TO OBJECT IF WE WOULD COME IN FROM THE WEST AND GO PAST THEIR HOMES, BUT THEY ARE NOT DOING THAT OR DISTURBING ANY ONE OF THE RESIDENTS. HE AGAIN WENT ON RECORD STATING THAT THEY WON'T ALLOW ANYTHING OTHER THAN SINGLE FAMILY TO BE DEVELOPED THERE. MR. KRAFT INTERJECTED THAT WHATEVER MR. BRIGGS IS PROMISING HERE IS NOT REALLY LEGAL AND BINDING, AND THAT HE STILL SUPPORTS THE R-1 ZONING. THE CHAIRMAN CALLED FOR THE (QUESTION. IT WAS VOTED ON AND CARRIED WITH CHAIRMAN WODTKE VOTING IN OPPOSITION. 43 BOOK 42 PAGE 140. A F_ NOV 211979 Foog 42 PAGE 141 0' 'R' D I 'N' 'A N C E N 0. 79-30 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: The East 249.88 feet of Tract "B", Hobart Landing Unit Two, as recorded in the Public Records of Indian River County, Florida, Plat Book 1, page 46, AND that portion of the land mass east of and adjacent to said Tract "B" extending into the Indian River as reflected on the Indian River County Property Appraisers Map of Section 34, Township 31 South, Range 39 East,as revised January 1, 1973 Be changed from R-13 Multiple dwelling district to R-1 Single Family District, All with the meaning and intent and as set forth and described in said Zoning Regulations. This ordinance shall take effect' November 26, 1979. STATE OF FLORIDA -INDIAN RIVER COUNTY THIS IS TO CrRTIFY THAT THIS IS A TRUE AND CORRECT COPY OF THE CRIG:.XAL ON FILE IN THIS OFFICE. FREDA WRIGHT, CLERK Cl{ GCf BY DATE 4 " 9 THE BOARD NEXT HEARD A'PRESENTATION FROM ROBERT JONES OF RISK MANAGEMENT -SERVICES REGARDING THE NEW REQUIREMENTS FOR WORKMEN'S COMPENSATION INSURANCE, AS PER THE FOLLOWING MEMORANDUM AND ATTACHMENTS: November 13, 1979 MEMORANDUM TO: Board of County Commissioners FROM: Robert Donlon, Personnel Director At the Board of County Commission meeting on November 21, 1979,' Robert Jones of Risk Management Services will present to you the new requirements for Workmen's Compensation Insurance. The attached material outlines the Osha Standards and the new State of Florida rules and regulations. I would like to recommend that the Board of County Commissioners adopt this Safety program and that it include all agencies under our Workmen's Compensation Insurance coverage. Respectfully, l R. D. OSHA STANDARDS ADOPTED FOR Pr ►^LIC SECTOR rn fu.11 accordance with the provisions of the Florida State, ,and 21 days having passed since certification, tl7r, ,,hrnr f%dministrative Procedures Act, Chapter 120 of Florida Statutes, safety standards and Rule became effective as of 12.01 a.m. April the Bureau of Workmen's Compensation on April 4, 1979 30, 1979. adopted as State safety standards Occupational Safety and Health As of the same date and time, and also in accordance with Act (OSIIA) safety standards 29 CFR 1910 (General Industry Chapter 120 of the Administrative Procedures Act, off prior Standards), 29 CFR 1926 (Standards for Construction)'and 29 Florida saf,,ty regulations, with the exception of EC -17 (Per- CFR 1928 (Agriculture Standards). snnnr.l Hoist). 6C-40 (Confined Spaces), and 8G42 (Shnre Payed Also adopted as a safety standard for the public sector was Materials Handling Equipment), wire retired as rr;gulations Rule 14.15.09, Part 6, Manual on Traffic Control and Safe enforceable by the Bureau of Workmen's Co Mpensalinn. Practices for Street and Highway C.,oistruction, Maintenance and, Utility,Dperations of the Florida Depart,nent of Transportation. >' Having been duly certified with the office of the Secretary of 45 gnm 142 NOV 211979 NOV 211979 BooK . 42 FAGE14 440.56 SAFETY RULES AND PROVISIONS PENALTY ALL INSURANCE CARRIERS WRITING WORKERS' COMPENSATION INSURANCE IN THIS STATE AND ALL EMPLOYERS QUALIFYING AS SELF -INSURES UN- DER SS. 440.38 AND 440.57 SHALL PROVIDE SAFETY CONSULTATIONS TO EACH OF THEIR POLICYHOLDERS REQUESTING SUCH CONSULTATIONS. ALL SUCH CARRIERS AND SELF -INSURERS SHALL INFORM THEIR POLICY- HOLDERS OF THE AVAILABILITY OF SUCH CONSULTATIONS AND SHALL RE- PORT ANNUALLY ON THEIR SAFETY PROGRAMS AND CONSULTATIONS TO THE DIVISION IN SUCH FORM AND AT SUCH TITIE AS THE DIVISION SHALL PRESCRIBE. THE DIVISION SHALL BE RESPONSIBLE FOR APPROVING ALL SAFETY PROGRAMS. THE DIVISION SF.ALL AID ALL INSURANCE CARRIERS AND SELF -INSURERS IN ESTABLISHING THEIR SAFETY PROGRAMS BY SET- TING OUT GUIDELINES IN AN APPROPRIATE FORMAT. -IN ADDITION, THE DIVISION MAY APPROVE A SAFETY PROGRAM SUBMITTED TO IT BY A CAR- RIER OR SELF -INSURER. SAFETY PROGRAM GUIDELINES (RE: FLORIDA STATUTE -- 440.56(4) AMENDED 1979) IN ACCORDANCE WITH THE ABOVE REFERENCE STATUTE, THE DIVISION OF WORKERS' COMPENSATION HEREIN SET FORTH THE FOLLOWING GENERAL GUIDE- LINES TO BE USED BY CARRIERS AND SELF -INSURERS IN ESTABLISHING :PM- PLOYER SAFETY PROGRAMS: GENERAL GUIDELINES FOR SAFETY PROGRAMS FOR EMPLOYERS 1. COMPANY SAFETY POLICY THE MANAGEMENT SHALL ISSUE AND POST A COMPANY SAFETY POLICY CONTAINING A CLEAR AND CONCISE VIEW OF MANAGEMENT'S DETER- MINATION THAT ACCIDENT PREVENTION WILL BE ON PAR WITH PRODUC- TION AND THAT ALL EMPLOYMENT AND PLACES OF EMPLOYMENT SHALL BE FREE OF RECOGNIZABLE INDUSTRIAL AND ENVIRONMENTAL HAZARDS. - THE SAFETY POLICY SHALL DELEGATE RESPONSIBILITIES WITH RESPECT TO IMPLEMENTING THE SAFETY PROGRAM. II. COMPANY SAFETY RULES THE MANAGEMENT SHALL DEVELOP AND IMPLEMENT A SET OF COMPANY SAFETY• RULES WHICH SHALL BE EQUIVALENT TO OR EXCEED APPLICABLE OCCUPA- TIONAL SAFETY -AND HEALTH ACT STANDARDS, SUCH RULES SHALL BE CON- SISTENT WITH THE SIZE AND,TYPE,OF INDUSTRY FOR WHICH THE SAFETY PROGRATI IS BEING DEVELOPED. - - - — 46 - _ - III. COMPANY -SAFETY INSPECTION PROGRAM THE MANAGEMENT SHALL IMPLEMENT A COMPANY -SAFETY INSPECTION PROGRAM, BY COMPANY PERSONNEL, WHICH SHALL INCLUDE THE FOLLOW- ING COMPONENTS: A. DAILY INSPECTION 1. ALL PORTABLE ELECTRICAL EQUIPMENT FOR GROUNDING. 2. HOUSEKEEPING, HANDLING USE AND STORAGE OF TOXIC, FLAMMABLE, OR EXPLOSIVE CHEMICALS. 3. CONDITION OF PLANT INDUSTRIAL VEHICLES AND OPERATION OF SUCH EQUIPMENT. (NOTE - THE OPERATION OF GASOLINE DRIVEN OR UNSHIELDED ELECTRIC POWER TRUCKS IN THE VICINITY OF POTENTIAL FLAMMABLE AND EXPLOSIVE LOCATIONS SHOULD BE PROHIBITED.) B. REGULAR AND PERIODIC INSPECTION 1. WORK ENVIRONMENT - MACHINE GUARDING, HANDRAILS, GUARD- RAILS, STAIRS, STAIRRAILS, CATWALKS, RAMPS, RUNWAYS, _ NOISE, LIGHTING AND OTHER POSSIBLE HAZARDS. 2. JOB PROCEDURE - CONDUCT A JOB HAZARDS INSPECTION TO ELIMINATE AS MUCH AS POSSIBLE ANY EXISTING JOB HAZARD WHICH MAY INJURE EMPLOYEES OR DAMAGE MATERIAL OR MACHINES. 3. FIRE PREVENTION INSPECTION. 4. OTHER SAFETY INSPECTIONS ACCORDING TO THE TYPE OF INDUSTRY INVOLVED. C. COMPANY PREVENTIVE MAINTENANCE PROGRAM THE MANAGEMENT SHALL SET UP AN APPROPRIATE MAINTENANCE SCHEDULE TO CHECK ALL: 1. TOOLS, EQUIPMENT AND MACHINERY. 2. BUILDING STRUCTURE, INTERIOR AND EXTERIOR. 3. FLOOR AND ELEVATED STORAGE AREAS, FOR OVERLOADING. 4. VEHICLES. IV. COMPANY SAFETY TRAINING PROGRAM THE MANAGEMENT SHALL IMPLEMENT A SAFETY TRAINING PROGRAM WHICH SHALL INCLUDE: A. TRAINING, BY SUPERVISOR AND/OR TRAINED INSTRUCTOR, OF NEW EMPLOYEES AND/OR EMPLOYEES TRANSFERRING TO NEW JOBS, ON THE OPERATING PROCEDURES OF COMPANY VEHICLES AND MACHINES TO BE UTILIZED BY THE EMPLOYEE. B. INSTRUCTIONAL TRAINING FOR SUPERVISORS. C. SPECIALIZED TRAINING AS REQUIRED BY OSHA STANDARDS. D. DEFENSIVE DRIVING TRAINING FOR ALL OVER -THE -ROAD VEHICLE DRIVERS. Nov 2 11979 47 mox 42PAGE144 NOV 2 11979 V. COMPANY FIRST AID PROGRAM BOOK 42 PACE 14-5 THE MANAGEMENT SHALL ADOPT A FIRST AID PROGRAM WHICH SHALL PROVIDE FOR: A. A TRAINED ATTENDANT ON EACH SHIFT AND ONE EACH REMOTE JOB LOCATION. B. PROPER TYPE OF SUPPLIES OF SUFFICIENT QUANTITY, KEPT IN WELL SEALED CONTAINERS, AND RESTOCKED AS NEEDED. C. BASIC TYPE FIRST AID KIT AT ALL JOB SITES. VI. COMPANY ACCIDENT INVESTIGATION PROGRAM THE COMPANY SHALL IMPLEMENT AN ACCIDENT INVESTIGATION PROGRAM WHICH WILL INVESTIGATE AND RECORD ALL ACCIDENTS INVOLVING PER- SONNEL, INCLUDING MEDICAL ONLY INJURIES, AND ACCIDENTS IN WHICH MATERIAL, EQUIPMENT AND/OR MACHINES WERE DAMAGED. THE INVESTIGA- TION SHOULD DETERMINE ALL OBTAI14ABLE FACTS OF EACH ACCIDENT AND CITE CORRECTIVE MEASURES FOR IMPLEMENTATION. VII. COMPANY RECORDKEEPING THE MANAGEMENT SILNLL UTILIZE A RECORDKEEPING SYSTEM, WHICH MAY BE SELECTED TO KEEP OSHA RECORDS. THIS RECORDKEEPING SYSTEM SHALL BREAK DOWN INJURIES RECORDED BY TYFE OF ACCIDENT, AGENCIES, NATURE, BODY LOCATION, AND BASIC CAUSE (LACK OF TRAINING, EXPERIMENTATION, POOR I14PLEMEITTATION OF JOB PROCEDURE, ETC.). THESE RECORDS MUST BE KEPT UP-TO-DATE. ROBERT JONES APPROACHED THE BOARD AND EXPLAINED SOME OF THE REQUIREMENTS OF THE NEW WORKERS' COMPENSATION LAW; THE STATE IS NOW SAYING THAT EVERY EMPLOYER WILL HAVE A SAFETY PROGRAM. HE RECOMMENDED THAT ONE SAFETY POLICY BE ADOPTED IN THE COUNTY AS HE FELT THIS WOULD BE THE EASIEST WAY; THE PROGRAM IS BROKEN DOWN BY OCCUPATION,SO IT CAN BE DETERMINED WHERE THE ACCIDENTS ARE HAPPENING. MR. .JONES NOTED THAT THEY HAVE PUT TOGETHER A CONTROL PLAN AND ONE SECTION IS ENFORCING THE STANDARDS, THE OTHER IS A TYPE OF AUDIT TO MAKE SURE THAT THE SAFETY PROGRAM IS MAINTAINED. HE CONTINUED THAT HE WILL BE WORKING 'WITH PERSONNEL DIRECTOR DONLON TO COORDINATE THIS SAFETY PROGRAM, BUT THE COUNTY MUST COME UP WITH A FORMAL SAFETY PROGRAM. DISCUSSION FOLLOWED REGARDING PENALTIES FOR NOT REPORTING INJURIES, AND OF COUNTY RECORD KEEPING. THE BOARD THANKED PSR. JONES FOR HIS PRESENTATION AND NOTED THAT PERSONNEL DIRECTOR DONLON HAS A COPY IN HIS OFFICE OF THE RECOMMENDED SAFETY PROGRAM. ATTORNEY COLLINS BROUGHT UP THE SUBJECT OF THE HOSPITAL BOND ISSUE AND WAS SATISFIED WITH THE RESOLUTION AS AMENDED. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS- SIONER SOY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 79-116 AS PRESENTED AND AMENDED FOR THE RENOVATION BOND ISSUE ON THE ADMINISTRATION BUILDING:, COURTHOUSE AND ANNEX. NOV. 211979 49 em 42 fAcE 146, - - , NOV 2 11979 BooK 42 PAGE 14? RESOLUTION NO. 79-116 A RESOLUTION PROVIDING FOR THE RECONSTRUCTION, ALTERATION, FURNISHING AND EQUIPPING OF Ali ADMINISTRATION BUILDING, COURTHOUSE AND ANNEXES IN INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE ISSUANCE OF 140T EXCEEDING $4,350,000 CAPITAL IMPROVEMENT REVENUE BONDS TO FINANCE THE COST THEREOF; AND PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH BONDS FROM THE RACE TRACK FUNDS AND JAI ALAI FRONTON FUNDS ACCRUING ANNUALLY TO INDIAN RIVER COUNTY, FLORIDA, PURSUANT TO LAW. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA (hereinafter referred to as "Board"), that: SECTION 1. AUTHORITY FOR RESOLUTION. This resolution's is adopted pursuant to the provisions of Chapter 125, Florida Statutes, Indian River County Ordinance No. 77-19 enacted August 3, 1977, and effective August 9, 1977, and other applicable provi- sions of law. SECTION 2. DEFINITIONS. The following terms shall have the following meanings herein, unless the text otherwise expressly requires. Words importing singular number shall include the plural number i -n each case and vice versa, and words importing persons shall include firms and corporations. Florida. A. "Issuer" or "County" shall mean Indian River County, B. "Board" shall mean the Board of County Commissioners of Indian River County, Florida. C. "Act" shall mean Chapter 125, Florida Statutes, Indian Fiver County Ordinance No. 77-19, enacted August 3, 1977, and effective August 9, 1977, and other applicable provisions of law. D. "Resolution" shall mean this resolution. E. "Obligations" shall mean the Capital Improvement Revenue Bonds, Series 1980, herein authorized to be issued: F. "Serial Obligations" shall mean any Obligations for the payment of the principal of which, at the maturity thereof, � � r no fixed Amortization Installment or bond redemption deposits are required to be made prior to the twelve-month period immediately preceding the stated date of maturity thereof. G. "Term Obligations" shall mean the O'bligations of a series all of which shall be stated to mature on one date and which shall be subject to retirement by operation of the Bond Amortization Account herein established within the Bond Service Fund. .H. "Amortization Installment", with respect to any Term Obligations of a series, shall mean an amount or amounts so designated which is or are established for the Term Obligations of such series, provided that the aggregate of such Amortization Installments for each maturity of Term Obligations of such series shall equal the aggregate principal amount of each maturity of Term Obligations of such series delivered on original issuance. I. "Bond service requirement" for any Fiscal Year, as applied to the Obligations of any series, shall mean the sum of: (1) the amount required to pay the interest becoming due on the Obligations of such series during such Fiscal Year, except to the extent that such interest shall have been provided by payments into the Bond Service Fund out of proceeds of the sale of the Obligations for a specific period of time or by payments of investment income into the Bond Service Fund from the Bond Amortization Account or any accounts therein; (2) the amount required to pay the principal of Serial Obligations of such series maturing in such Fiscal Year; and (3) the Amortization Installments established for the maturities of Term Obligations of such series for such Fiscal Year. J. "Maximum bond service requirement" shall mean, as of any particular date of calculation, the bond service requirement which is largest in dollar amount for the then current or any future Fiscal Year. K. NOV 211979 "Holder of Obligations" or "Holders" or any similar -2- 42 x.48 _ I NOV 2 11979 BOOK 4 PAGE 149 term shall mean any person who shall be the bearer or owner of any outstanding Obligation or Obligations registered to bearer, or not registered, or the registered owner of any such Obligation or Obligations which shall at the time be registered other than to bearer. L. "Race Track Funds and Jai Alai Fronton Funds" shall mean that portion of the Race Track Funds and Jai Alai Fronton Funds accruing annually to the County under the provisions of Chapters 550 and 551, Florida Statutes, and allocated to the Board pursuant to law. M. "Authorized investments" shall mean any of the following if and to the extent the same are at the time legal for investment of municipal funds; (a) direct obligations of or obli- gations guaranteed by the United States; (b) bonds, debentures or notes issued by any of the following federal agencies: Bank for Cooperatives; Federal Intermediate Credit Banks; Federal Home Loan Bank System Export -Import Bank of Washington; Federal Land Banks; or the Federal National Mortgage Association (including Participation Certificates); (c) Public Housing Bonds, Temporary Notes, or Preliminary Loan Notes fully secured by contracts with the United States;_(d) full faith and credit obligations of any State, provided that at the time of purchase such obligations are rated in either of the two highest rating categories by two nationally recognized bond rating agencies; (e) corporate deben- tures rated in the highest rating category by two nationally recognized bond rating agencies; or (f) time deposits represented by certificates of deposit fully secured in the manner provided by the laws of the State of Florida. N. "Fiscal year" shall.mean the period commencing on October 1 of each year and ending on the succeeding September 30, or such other period as is at the time prescribed by law. SECTION 3. FINDINGS. It is hereby found and determined as follows: A. It is necessary and desirable to reconstruct, alter, -3- r furnish and equip existing capital facilities of the County for use as an Administration Building, Courthouse and Annexes (hereinafter referred to as "Project"), in accordance with the plans and specifications of Connell, Metcalf & Eddy, Coral Gables, Florida, Architects, now on file or to be filed with the Clerk of the Board. B. The County is authorized to pledge that portion of the Race Track Funds and Jai Alai Fronton Funds accruing annually to Indian River County under the provisions of Chapters 550 and 551, Florida Statutes, as allocated to the Board pursuant to law, and the income from the investment of monies in the funds and accounts hereinafter established to pay the principal of and interest on the Obligations to be issued as hereinafter set forth. C. The estimated cost of such Project, as above described, is the sum of Four Million Three Hundred Fifty Thousand Dollars ($4,350,000). Such cost, in addition to the specific items contained in the plans and specifications, may be deemed to include the acquisition of any land or interest therein, or of any fixtures or equipment, or properties necessary or convenient therefor; expenses for estimates of costs and of revenues; expen- ses for plans, specifications and surveys; administrative expenses; interest on the Obligations proposed to be issued prior to, during, and for not exceeding one year following the comple- tion of the Project; establishment of reasonable reserves for debt service; bond discount, if any; municipal bond insurance, if any; and such other expenses as may be necessary or incidental for the financing authorized by this Resolution, the undertaking of the Project, and the placing of the same in operation. D. The principal of and interest on the Obligations to be issued pursuant to this Resolution and all other payments pro- vided for herein will be payable solely from the Race Track Funds and Jai Alai Fronton Funds and the income from the investment of monies in the funds and accounts hereinafter established in the manner herein provided. E. Neither the Board nor the County will be required to levy taxes on any real property within the County to pay the principal of and interest on the Obligations or to make any other payments provided for herein. The Obligations issued pursuant to NOV 2 x.-1979 -4- �aaK 9 pac��.5d 1� - NOV 211979 BooK 42 PAGE1,51 this Resolution shall not constitute a lien upon any properties of the Board or any properties of or in the County. SECTION 4. RESOLUTION TO CONSTITUTE CONTRACT. In con- sideration of the acceptance of the Obligations authorized to be issued hereunder by those who shall hold the same from time to time, this Resolution shall be deemed to be and shall constitute a contract between the County and such Holders. The covenants and agreements herein set fortis to be performed by the County shall be for the equal benefit, protection and security of the legal Holders of any and all of such Obligations and the coupons attached thereto, all of which shall be of equal rank and without preference, priority, or distinction of any of the Obligations or coupons over any other thereof, except as expressly provided therein and herein. SECTION 5. AUTHORIZATION OF OBLIGATIONS. Subject and pursuant to the provisions of this Resolution, obligations of the County to be known as "Capital Improvement Revenue Bonds, Series 1980" herein sometimes referred to as "Obligations," are hereby authorized to be issued in an aggregate principal amount not exceeding Four -Million Three Hundred Fifty Thousand Dollars ($4,350,000). SECTION 6. DESCRIPTION OF OBLIGATIONS. The Obligations shall be numbered consecutively from one upward; shall be in the denomination of $5,000 each; shall be dated; shall bear interest, payable semi-annually, at such rate or rates not exceeding the maximum legal rate allowable by law; and shall mature on such date in such years and amounts, all as shall be determined by subsequent resolution of the Board adopted on or prior to the sale of the Obligations. Such Obligations shall be issued in coupon form; shall be payable with respect to both principal and interest at a place or places to be determined by the Board prior to the delivery of the Obligations; shall be payable in lawful money of the United States of America; and shall bear interest from their date, payable in accordance with and upon surrender of -5- the appurtenant interest coupons as they severally mature. SECTION 7. EXECUTION OF OBLIGATIONS AND COUPONS. The Obligations shall be executed in the name of the County by the Chairman of the Board and countersigned and attested by its Clerk, and its corporate seal or facsimile thereof shall be affixed thereto or reproduced thereon. The facsimile signature of the Chairman or the Clerk may be imprinted or reproduced on the Obligations, provided that at least one signature required to be placed -thereon shall be manually subscribed. In case any one or more of the officers who shall have signed or sealed any of the Obligations shall cease to be such officer of the Board before the Obligations so signed and sealed shall have been actually sold and delivered, such Obligations may nevertheless be sold and delivered as herein provided and may be issued as if the person who signed or sealed such Obligations had not ceased to hold such office. Any Obligation may be signed and sealed on behalf of the County by such person who at the actual time of the execution of such Obligations shall hold the proper office in the County, although at the date of such Obligations such person may not have held such office or may not have been so authorized. The coupons attached to the Obligations shall be authen- ticated with the facsimile signature of any present or future Chairman of the Board, and the validation certificate on said Obligations shall be executed with the facsimile signature of said Chairman. The Board may adopt and use for such purposes the fac- simile signature of any person who shall have been such Chairman at any time on or after the date of the Obligations, not- withstanding that he may have ceased to be such officer at the time such Obligations shall be actually sold and delivered. SECTION 8. NEGOTIABILITY AND REGISTRATION. The Obligations issued hereunder shall be and shall have all of the qualities and incidents of negotiable instruments under the law merchant and the laws of the State of Florida, and each suc- cessive Holder, in accepting any of said Obligations or the Me NOV 2 11979 BOOK42.PA,E 15 NOV 211979 BOOK 42 " PAGE 153 coupons appertaining thereto, shall be conclusively deemed to have agreed that such Obligations shall be and shall have all of the qualities and incidents of negotiable instruments under the law merchant and the laws of the State of Florida. The Obligations may be registered at the option of the Holder as to principal only at the office of the Clerk of the Board, as Registrar, or with such other registrar as may be sub- sequently designated by such Board, such registration to be noted on the back of the Obligations in the space provided therefor. After such registration as to principal only, no transfer of the Obligations shall be valid unless made at said office by the written assignment of the registered owner, or by his duly authorized attorney in a form satisfactory to the Registrar, and similarly noted on the Obligations, but the Obligations may be discharged from registration by being in like manner transferred to bearer and thereupon transferability by delivery shall be restored. At the option of the Holder, the Obligations may thereafter again from time to time be registered or transferred to bearer as before. Such registration as to principal only shall not affect the negotiability of the coupons which shall continue to pass by. delivery. SECTION 9. OBLIGATIONS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Obligation shall become mutilated, or be destroyed, stolen or lost, the County may, in its discretion, issue and deliver a new Obligation with all unmatured coupons attached of like tenor as the Obligation and attached coupons, if any, so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Obligation, upon surrender and cancellation of such mutilated Obligation and attached coupons, if any, or in lieu of and substitution for the Obligation and attached coupons, if any, destroyed, stolen or lost, and upon the Holder furnishing the County proof of his ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the County may prescribe and paying -7- such expenses as the County may incur. All Obligations and coupons so surrendered shall be cancelled by the Clerk of the Board. If any such Obligations or coupons shall have matured or be about to mature, instead of issuing a substitute Obligation or coupon, the County may pay the same, upon being indemnified as aforesaid and if such Obligation or coupon be lost, stolen or destroyed, without surrender thereof. Any such duplicate O'bligations and coupons issued pur- suant to -this section shall constitute original, additional, contractual obligations on the part of the County whether or not the lost, stolen or destroyed Obligations or coupons be at any time found by anyone, and such duplicate Obligations and coupons shall be entitled to equal and proportionate benefits and rights as to lien on and source and security for payment from the funds, as hereinafter pledged, to the same extent as all other Obligations and coupons issued hereunder. SECTION 10. PROVISION FOR REDEMPTION. The Obligations of any maturity may be made subject to redemption prior to their specified date of maturity, at the option of the County, at such prices and under such terms and conditions as shall be fixed by resolution or resolutions of the County adopted at or prior to the sale thereof. Notice of such redemption (i) shall be published at least thirty (30) days prior to the redemption date in a finan- cial journal published in the Borough of Manhattan, City and State of .New York, (ii) shall be filed with the paying agents for said Obligations, and (iii) shall be mailed, postage prepaid, to all registered owners of Obligations to be redeemed at their addresses as they appear on the registration books hereinabove provided for. Interest shall cease to accrue on any Obligations duly called for prior redemption on the redemption date, if payment thereof has been duly provided for. SECTION 11. FORM OF OBLIGATIONS AND COUPONS. The text of the Obligations, the interest coupons and the certificate of BOR NOV 2 11979 ` FA.U.. � NOV 211979 Boa V PACE 15-5 validation to appear thereon shall be in substantially the following form, with such omissions, insertions and variations as may be necessary and desirable and authorized or permitted by this Resolution or in any subsequent resolution adopted prior to the issuance thereof: No. $5,000 UNITED .STATES OF AMERICA STATE OF FLORIDA INDIAN RIVER COUNTY CAPITAI, IMPROVEMENT REVENUE BOND, SERIES 1980 KNOW ALL MEN BY THESE PRESEN'T'S, that Indian River County, Florida (hereinafter referred to as "County"), for value received hereby promises to'pay to the hearer, or if this bond he registered, to the registered holder as herein provided, on the first day of , 19 , solely from the s;necial funds hereinafter mentioned, the principal sum of FIVE THOUSAND DOLLARS and to pay interest thereon from the date of this bond until payment of such principal sum at the rate of per centum ( %) per annum, payable semi-annually on the first day of and the first day of of each year upon the presentation and surrender of the annexed coupons as they severally ;all due. Both principal of and interest on this bond are payable at or at the option of the holder, at , in lawful money of the United States of America. This bond is one of an authorized issue of bonds, in an aggregate principal amount not exceeding Four Million Three Hundred Fifty Thousand Dollars ($4,350,000), of like date, tenor and effect except as to number, interest rate (if all bonds do not bear the same rate), and date of maturity, issued to finance the cost of the reconstruction, alteration, furnishing -and equipping of an Administration Building, Courthouse and Annexes in the County, under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, including particularly Chapter 125, Florida Statutes, County Ordinance No. 77-19, enacted August 3, 1977, and effective August 9, 1977, and other applicable provisions of law, and a resolution duly adopted by the Board of County Commissioners of such County (the "Board") on the -10- BOOK 42 'PAGE 1,56 NOV 2 11979 NOV 211979 Boa 4 'PACE 15'7 day of , 1979, as supplemented (hereinafter collectively called "Resolution"), and is subject to all the terms and conditions of such Resolution. This bond -and the coupons appertaining thereto are payable solely from and secured by a first lien upon and a pledge of that portion of the Race Track Funds and Jai Alai Fronton Funds accruing annually to the County under the provisions of Chapters 550 and 551, Florida Statutes, and allocated to the Board pursuant to law and the income from the investment of monies held in the funds and accounts established by Section 14 of the Resolution. This bond does not constitute an indebtedness of the Board or of the County within the meaning of any constitu- tional, statutory or charter provision or limitation. It is expressly agreed by the holder of this bond that such holder shall never have the right to require or compel the levy of ad valorem taxes for the payment of the principal of and interest on this bond or for the making of any sinking fund, reserve or other payments provided for in the Resolution. This bond and the indebtedness evidenced thereby shall not constitute a lien upon any property of the Board or upon any property of or in the County but shall constitute a lien only upon the portion of the Race Track Funds and Jai Alai Fronton Funds accruing annually to the County and the income from investments in the funds and accounts established by Section 14 of the Resolution in the manner above recited. It is hereby certified and recited that all acts, con- ditions and things required to exist, to happen and to be per- formed precedent to and in the issuance of this bond exist, have happened and have been performed in regular and due form and time as required by the Statutes and Constitution of the State of Florida applicable thereto, and that the -issuance of this bond and of the issue of bonds of which this bond is one does not violate any constitutional or statutory limitation. This bond and the coupons appertaining thereto are and have all the qualities and incidents of a negotiable instrument under the law merchant and the laws of the State of Florida. (Insert Redemption Provisions) Notice of such redemption shall be given in the manner -11- required by the Resolution. This bond may be registered as to principal only in accordance with the provisions endorsed hereon. IN WITNESS WHEREOF, Indian River County, Florida, has issued this bond and has caused the same to be executed by the Chairman of its Board of County Commissioners and attested and countersigned by the Clem of such Board, either manually or with their facsimile signatures, and its corporate seal or a facsimile thereof, •to be affixed, impressed, imprinted, lithographed or reproduced hereon, and has caused the interest coupons hereto attached to he executed with the facsimile signature of said Chairman, all as of the first day of , 19 . INDIAN RIVER COUNTY, FLORIDA ATTESTED AND COUNTERSIGNED: Clerk, Board of County Commissioners No. By: Chairman, Board of County Commissioners FORM OF COUPON Unless the bond to which this coupon is attached is callable and has been duly called for prior redemption and provi- sion duly made for the payment thereof, on the first day of , 19 , Indian River County, Florida, promises to pay to bearer at at the option of the holder, at from the funds described in the bond to which this coupon is attached, the amount shown hereon, in lawful money of the United States of America, upon presentation and surrender of this coupon, being six months' interest then due upon its Capital Improvement Revenue Bond, Series 1980, dated 1, 19 , numbered -12- BOOK �, NOV 2 1-1979 PAGE 158 NOV 2 11979 BOOK 42 PAGE 159 (SEAL) Chairman, Board of County Com- missioners, Indian River County, Florida FORM OF VALIDATION CERTIFICATE This bond is one of a series of bonds which were vali- dated and confirmed by judgment of the Circuit Court for Indian River County, Florida, rendered on 19 Chairman, Board of County Com- missioners, Indian River County, Florida REGISTRATION PROVISION This bond may be registered as to principal only in the name of the holder on the books to be kept by the Clerk of the Board of County Commissioners of Indian River County, Florida, as Registrar, or such other Registrar as may be subsequently designated by such Board, such registration being noted hereon by such Registrar in the registration blank below, after which no transfer shall be valid unless made by the registered holder, or his attorney duly authorized, and noted on said books and in the registration blank below, but it may be discharged from registra- tion by being transferred to bearer after which it shall be transferable by delivery, but it may be again registered as before. Such registration shall not restrain the negotiability of the coupons by delivery. DATE OF IN WHOSE NAME SIGNATURE OF REGISTRATION REGISTERED REGISTRAR -13- SECTION 12. SECURITY FOR OBLIGATIONS. The principal of and interest on the Obligations shall be secured forthwith equally and ratably by a first lien upon and a pledge of all of the portion of Race Track Funds and Jai Alai Fronton Funds accruing annually to the County under the provisions of Chapters 550 and 551, Florida Statutes, and allocated to the Board pur- suant to law and the income from the investment of monies held in the various funds and accounts hereinafter established in Section 14 hereof. The County hereby irrevocably pledges such funds to the payment of the principal of and interest on the Obligations issued hereunder SECTION 13. OBLIGATIONS NOT DEBT OF BOARD OR COUNTY. Neither the Obligations nor coupons shall be or constitute general obligations or indebtedness of the Board or of the County within the meaning of any constitutional or statutory limitation of indebtedness, but shall be payable solely from and secured by a first lien upon and a pledge of that portion of the Race Track Funds and Jai Alai Fronton Funds accruing annually to the County under the provisions of Chapters 550 and 551, Florida Statutes, and allocated to the -Board pursuant to law and the income from the investment of monies held in the various funds and accounts hereinafter established in Section 14 hereof. No holder or holders of any Obligations issued hereunder or of any coupons appertaining thereto shall ever have the right to compel the levy of ad valorem taxes to pay the Obligations or interest thereon or for the making of any other payments provided for in this Resolution. SECTION 14. COVENANTS OF THE COUNTY. For as long as any of the principal of and interest on any of the Obligations shall be outstanding and unpaid or until there shall have been set apart in the Bond Service Fund, herein established, including the Bond Amortization Account and the Reserve Account therein, a sum sufficient to pay when due the entire principal of the Obligations remaining unpaid, together with interest accrued or to accrue thereon, the County covenants with the holders of any and all Obligations as follows: A. REVENUE FUND. Promptly after issuance of any of -the Obligations the County will deposit all of the Race Track Funds NOV 211979 -14 - BOOK 4 ?AGE M Nov 12 11979 BOOK 42 PgE161 and Jai Alai Fronton Funds immediately upon receipt into a spe- cial fund which is hereby created and designated "Indian River County Capital Improvement Revenue Bonds, Series 1980, Revenue Fund" (hereinafter referred to as the "Revenue Fund"). B. DISPOSITION OF RACE TRACK FUNDS. All Race Track Funds and Jai Alai Fronton Funds at any time remaining on deposit in the Revenue Fund hereinabove created and established shall be disposed of commencing with the Fiscal Year 1979-80, only in the following manner and in the following order of priority: (1) Moneys on deposit in the Revenue Fund shall first be used for deposit into a separate fund, which is hereby created and designated the "Bond Service Fund", such sums as will be suf- ficient to pay the following amounts on a parity basis (a) all interest becoming due and payable on the Obligations during the current Fiscal Year, (b) the principal amount of Serial Obligations which will become due and payable on the next prin- cipal maturity date; and (c) the Amortization Installments, if any, required to be made on the next annual payment date. Such Amortization Installments shall be credited to a "Bond Amortization Account", which is hereby created and established in said Bond Service Fund. A separate special sub - account within the Bond Amortization Account shall be established for each series of Term Obligations outstanding, and if there shall be more than one stated maturity for Term Obligations of a series, then a separate special subaccount in the Bond Amortization Account shall be established for each such separate maturity of Term Obligations. Upon the sale of any series of Term Obligations, the County shall, by resolution, establish the amounts and maturities of such Amortization Installments for each series, and if there shall be more than one maturity of.Term Obligations within a series, the Amortization Installments for the Term Obligations of each maturity. Moneys on deposit in each of the separate special sub- -15- M _I accounts in the Bond Amortization Account shall either be used for the open market purchase or the redemption of Term Obligations of the series or maturity of Term Obligations.within a series for which such separate special subaccount is established in the manner hereinafter specified. (2) Moneys remaining in the Revenue Fund shall next be applied by the County to 'maintain a Reserve Account in said Bond Service Fund, which Reserve Account is hereby created and established, in an amount equal to the maximum bond service requirement on the Obligations, all or a portion of which such sum may be initially provided from the proceeds of the sale of the Obligations. The County shall thereafter deposit annually into said Reserve Account an amount equal to twenty per cent (20%) of the difference between the amount, if any, so deposited upon the delivery of the Obligations and the amount required to be maintained therein by the provisions of this subparagraph (2). No further payments shall be required to be made into such Reserve Account when there has been deposited therein and as long as there shall remain on deposit therein a sum equal to the maxi- mum bond service requirement on the Obligations. Any withdrawals from the Reserve Account shall be sub- sequently restored from the first moneys available in the Revenue Fund after all required current payments into.the Bond Service Fund, including the Bond Amortization Account therein, and into the Reserve Account, including all deficiencies for prior payments, have been made in full. Moneys in the Reserve Account shall be used only for the purpose of the payment of maturing principal (including Amortization Installments) of or -interest on the Obligations when the moneys in the Bond Service Fund are insufficient therefor, and for no other purpose. Whenever the amount on deposit in the Reserve Account exceeds the amount required to be maintained therein by the pro- visions of this subparagraph (2), the excess may be withdrawn and NOV 2 1-1979 i -1&- BOOK 42 PAF 162 r . NOV 211979 Boa 42 PgE 163 deposited into the Bond Service Fund or the Bond Amortization Account therein, or may be used by the County for the redemption of Obligations of not less than $10,000 in principal amount at any one time, in the manner herein provided, or for the purchase of Obligations in the open market at prices not exceeding the then applicable call price, or for any other lawful purpose. The County shall not be required to make any further payments into the Bond Service Fund, including the Bond Amortization Account therein, or into the Reserve Account when (i) the aggregate amount of moneys in such Bond Service Fund, the Bond Amortization Account therein, and the Reserve Account therein are at least equal to the aggregate principal amount of Obligations then outstanding, plus the amount of interest then due or thereafter to become due on such Obligations then outstanding or (ii) the County shall have made provision for payment of the Obligations as provided in Section 17 of this Resolution. (3) The balance of any moneys remaining in the Revenue Fund after the above required current payments have been made may be used by the -County for any lawful purpose. (4) The Revenue Fund, the Bond Service Fund and the s Bond Amortization Account and the Reserve Account therein, and any other special funds or accounts herein established and created shall constitute trust funds for the purposes provided herein for such funds. All such funds shall be continuously secured in the same manner as state and municipal deposits are required to be secured by the laws of the State of Florida. Moneys on deposit in any of such funds and accounts may bq invested and reinvested in Authorized Investments. Investments made with moneys in the Revenue Fund and the Bond Service Fund (including the Bond Amortization Account therein) must mature not later than the date that such moneys will be needed but in no event later than one year from the date of purchase. Investments made with moneys in the Reserve Account -17- must mature not later than the final maturity of any Obligations then outstanding. Any and all income received by the County from all such investments shall upon receipt thereof be deposited into the Revenue Fund. The cash required to be accounted for in each of the foregoing funds and accounts established herein may be deposited in a single bank account, and funds allocated to the various accounts established herein may be invested in a common invest- ment pool, provided that adequate accounting records are main- tained to'reflect and control the restricted allocation of the cash on deposit therein and such investments for the various pur- poses of such funds and accounts as herein provided. The designation and establishment of the various funds in and by this Instrument shall not be construed to require the establishment of any completely independent, self -balancing funds as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an ear- marking of certain moneys and assets of the County for certain purposes and to establish certain priorities for application of such moneys and assets as herein provided. C. OPERATION OF BOND AMORTIZATION ACCOUNT. Moneys held for the credit of the Bond Amortization Account shall be applied to the retirement of Term Obligations as follows: (1) Subject to the provisions of Paragraph (3) below, the County shall endeavor to purchase Term Obligations then out- standing at the most advantageous price obtainable with reason- able diligence, such price not to exceed the principal of such Term Obligations plus the amount of the premium, if any, which would be payable on the next redemption date to the Holders of such Term Obligations if such Term Obligations should be called for redemption on such date from moneys in the Bond Amortization Account. The County shall pay the interest accrued on such Term Obligations to the date of delivery thereof from the Bond Service Fund and the purchase price from the Bond Amortization Account therein, but no such purchase shall be made by the County within Eno NOV 211979 Box 42 NOV 2 11979 ROCK 4. , FACES the period of 45 days immediately preceding any interest payment date on which Term Obligations are subject to call for redemp- tion, except from moneys in excess of the amounts set aside or deposited for the redemption of Term Obligations. (2) Subject to the provisions of Paragraph (3) below, whenever sufficient money is on deposit in the Bond Amortization Account to redeem $5,000 or more principal amount of Term Obligations, the County shall call for redemption from money in the Bond Amortization Account such amount of Term Obligations then subject to redemption as, with the redemption premium, if any, will exhaust the money then held in the Bond Amortization Account as nearly as may be practicable. Prior to calling Term Obligations for redemption, the County shall withdraw from the Bond Service Fund and from the Bond Amortization Account therein and set aside in separate accounts or deposit with the paying agents the respective amounts required for paying the interest on and the principal of and redemption premium applicable to the Term Obligations so called for redemption. (3) Moneys in the Bond Amortization Account shall be applied by the County in each Fiscal Year to the retirement of Term Obligations then outstanding in the following order: (a) The Term Obligations of each series of Obligations to the extent of the Amortization Installment, if any, for such Fiscal Year for the Term Obligations of each such series then outstanding, plus the applicable premium, if any, and, if the amount available in such Fiscal Year shall not be sufficient therefor, then in proportion to the Amortization Installment, if any, for such Fiscal Year for the Term Obligations of each such series then outstanding, plus the applicable premium, if any; provided, however, that if the Term Obligations of any such series shall not then be subject to redemption from moneys in the Bond Amortization Account and if the County shall at any time be unable to exhaust the moneys applicable to the Term Obligations -19- unable to exhaust the moneys applicable to the Term Obligations of such series under the provisions of this clause or in the purchase of such Term Bonds under the provisions of Paragraph (1) above, such money or the balance of such money, as the case may be, shall be retained in the Bond Amortization Account and, as soon as it is feasible, applied to the Term Obligations of such series; and (b) Any balance •then remaining, other than money retained under the first clause of this Paragraph (3), shall be applied to the retirement of such Term Obligations as the County in its sole discretion shall determine, but only, in the case of the redemption of Term Obligations of any series, in such amounts and on such terms as may be provided in the resolution authorizing the issuance of the Obligations of such series. (4) The County shall deposit into the Bond Amortization Account Amortization Installments for the amortization of the principal of the Term Obligations, together with any deficiencies for prior required deposits, such Amortization Installments to be in such amounts and to be due in such years as shall be deter- mined by resolution of the Board prior to the delivery of the Obligations. The County shall pay from the Sinking Fund all expenses in connection with any such purchase or redemption. D. ADDITIONAL OBLIGATIONS. The County hereby covenants and agrees not to incur any other obligations or indebtedness, except refunding obligations as hereinafter provided, payable from the same source as the payments hereinbefore specified to be made into the Bond Service Fund and Reserve Account, unless such obligations contain an express statement that such obligations are junior and subordinate in all respects to the Obligations herein authorized as to lien on and source and security for payment from the Race Track Funds and Jai Alai Fronton Funds. E. REMEDIES. Any Holder of Obligations, or of any -20- N011 2 11979 Fact �'66 N OV 211979 Boos 42 PAGE 1 j 7 coupons appertaining thereto, issued under the provisions of this Resolution, may either at law or in equity, by suit, action, man- damus or other proceedings in any Court of competent jurisdic- tion, protect and enforce any and all rights under the laws of the State of Florida or granted and contained in the Act and in this Resolution, and may enforce and compel the payment of all sums and the performance of all duties required by this Resolution or by any applicable statutes to be performed by the County, or by any officer thereof, including but not being limited to, the application and distribution of the Race Track Funds and Jai Alai Fronton Funds in the manner provided in this Resolution. F. BOOKS AND RECORDS. The County shall keep 'gooks and records of the receipt of all Race Track Funds and Jai Alai Fronton Funds received by it, including particularly the Race Track Funds and Jai Alai Fronton Funds pledged hereunder, which such boobs and records shall be kept separate and apart from all other books, records and accounts of the Issuer and any Holder of an Obligation or Obligations shall have the right at all reasonable times to inspect all records, accounts and data of the County relating thereto. - G. ANNUAL AUDIT. The County shall also, at least once a year, within 60 days after the close of the Fiscal Year, cause the books, records and accounts relating to such Race Track Funds and Jai Alai Fronton Funds to be properly audited by the State Auditor and shall mail, upon request, and make generally available, the report of such audits to any Holder or Holders of Obligations. A copy of such annual audit shall also be furnished to the original purchasers of the Obligations. H. NO IMPAIRMENT OF CONTRACT. The County has full power and authority to irrevocably pledge the portion of Race Track Funds and Jai Alai Fronton Funds hereinabove described to the payment of the principal of and interest on the Obligations. The pledge of such Race Track Funds and Jai Alai Fronton Funds, -21- M in the -manner provided herein, shall not be subject to repeal, modification or impairment by any subsequent resolution or other proceedings of the County or by any subsequent act of the Legislature of Florida without and unless such Issuer shall have provided, or the Legislature shall have made immediately available to the County, such additional or supplemental funds which shall be sufficient to retire such Obligations and the interest thereon in accordance with their terms. The County shall take all actions and pursue such legal remedies which may be available to it either in law or in equity to prevent or cure any default or impairment as within the meaning of this subsec- tion H. I. ARBITRAGE. The County does hereby further covenant that no use will be made of the proceeds of the Obligations which would cause the Obligations to be "arbitrage bonds" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, and the applicable regulations thereunder. The County, at all times while such Obligations and the interest thereon are outstanding, including refundings thereof, will comply with the requirements of said Section 103(c) and with the valid and applicable rules and regulations of the Internal Revenue Service thereunder. SECTION 15. CONSTRUCTION TRUST FUND. All of the pro- ceeds derived from the sale of the Obligations (except (i) an amount equal to accrued interest to be deposited in the Bond Service Fund, and (ii) an amount equal to all or a portion of the maximum bond service requirement on the Obligations to be depo- sited in the Reserve Account) shall be deposited in a trust fund which is hereby created, established and designated as the "Construction Trust Fund." Such Construction Trust Fund shall be deposited and maintained with any banking institution in the State of Florida approved as a County depository and subsequently designated by the County. The moneys therein shall be used only for the payment of the cost of the Project as hereinabove -22- NOV 211979 eoGK 2 FACE 168 NOV 211979 MOK 42 FACE MO defined, but, pending such application, may be invested in Authorized Investments maturing at such time or times as necessary to meet the requirements of the Construction Trust Fund, the income from such investments to remain in said Construction Trust Fund. Any balance of unexpended moneys in the Construction Trust Fund after completion of such Project shall be deposited in the Revenue Fund hereinbefore established. SECTION 16. RIGHTS OF THE OBLIGATION HOLDERS. The Holders of the Obligations shall have no responsibility for the application and use of the proceeds received from the sale thereof and the application and use of such proceeds by the County shall in no way affect the rights of the Obligation Holders. The County shall be irrevocably obligated, upon receipt thereof, to use the Race Track Funds and Jai Alai Fronton Funds pledged hereunder to pay the principal of and interest on the Obligations and to make all reserve and other payments provided for herein, notwithstanding any failure of the County to apply such Obligation proceeds in the manner provided herein. SECTION 17. DEFEASANCE. If, at any time, the County shall have paid, or shall have made provision for payment of, the principal, interest and redemption premiums, if any, with respect to the Obligations, then, and in that event, the pledge of and lien on the Race Track Funds and Jai Alai Fronton Funds in favor of the Holders of the Obligations shall be no longer in effect. For purposes of the preceding sentence, deposit of Federal Securities or bank certificates of deposit fully secured as to principal and interest by Federal Securities (or deposit of any other securities or investments which may be authorized by law from time to time and sufficient under such law to effect such a defeasance) in irrevocable trust with a banking institution or trust company, for the sole benefit of the Holders of such Obligations, in an amount such that the principal of and interest on such securities or certificates will be sufficient to pay when due the principal, interest, and redemption premiums, if any, on the outstanding Obligations, shall be considered "provision for - -23- I payment Nothing herein shall be deemed to require the County to call -any of the outstanding Obligations for redemption prior to maturity pursuant to -any applicable optional redemption provi- sions, or to impair the discretion of the County in determining whether to exercise any such option -'for early redemption. SECTION 18. SALE OF OBLIGATIONS. The Obligations shall be sold and issued in such manner and at such price or prices consistent with the provisions of the Act and this Resolution as shall be determined by subsequent resolution of the County adopted prior to such sale and issuance, respectively. SECTION 19. VALIDATION AUTHORIZED. The Attorney for the County be, and he is, hereby authorized and directed to institute proceedings in the Circuit Court for Indian River County, Florida, for the validation of said Obligations, and the proper officers of the County are hereby authorized to verify on behalf of the County any pleadings in such proceedings. SECTION 20. MODIFICATION OR AMENDMENT. No material modification or amendment of this Resolution or of any resolution amendatory hereof or supplemental hereto, may be made, without the consent in writing of the Holders of sixty-six and two-thirds per centum (b& 2/3%) or more in principal amount of the Obligations then outstanding; provided, however, that no modification or amendment shall permit a change in the maturity of such Obligations or a reduction in the rate of interest thereon or in the amount of the principal Obligation thereof or affecting the unconditional promise of the County to collect such portion of the Race Track Funds and Jai Alai Fronton Funds as herein pro- vided, or to pay the principal of and interest on the Obligations as the same shall become due from such Race Track Funds and Jai Alai Fronton Funds, or reduce such percentage of Holders of such Obligations, required above, for such modifications or amend- ments, without the consent of the Holders of all of such Obligations; provided further, however, that no modification or amendment of this Resolution or of any resolution amendatory -24- NOV 211979 42. PAGE1 t O NOV 211979 BOOK 42' PACE 171 hereof or supplemental hereto may be made which shall allow or permit any acceleration of the payment of principal of ,or interest on the Obligations upon any default in the payment thereof, whether or not the Holders of the Obligations consent thereto. SECTION 21. SEVERABILITY. If any one or more of the covenants, agreements or provisions of this Resolution shall be• held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect the validity of all the other provisions of this Resolution or of the Obligations or coupons issued thereunder. SECTION 22. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption. ATTEST re a r�g'xnt Clerk ? Adopted 11-21-79 BOARD Or COUNTY COMtZISSIONERS INDIAN RIVER COUNTY, ORIDA William C. Wodtke, Jr. Chairman -25- EXTRACTS FROM THE MINUTES OF A SPECIAL MEETING OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA HELD ON THE 21st DAY OF November , 19 79 The Board of County Commissioners of Indian River County, Florida met in regular meeting at the Indian River County Courthouse in the City of Vero Beach , Florida , at 8:30 o'clock A.M. on the 21st day of November , 19 79 ,-the place, hour, and date duly established .for the hold- ing of such meeting. The Chairman called the meeting to order and on roll call the following answered present: William C. Wodtke, Jr. , Willard W. Siebert, Jr. , Alma Lee Loy Patrick B. Lyons , R. Don Deeson and the following were absent: r The Chairman A Resolution entitled: declared a quorum present. A RESOLUTION PROVIDING FOR THE RECONSTRUCTION, ALTERATION, FURNISHING AND EQUIPPING OF AIJ ADMINISTRATION BUILDING, COURTHOUSE AND ANNEXES IN INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE ISSUANCE OF NOT EXCEEDING �4, 350, 000 CAPITAL IIIPROVEME14T REVENLE b0NDS TO FINANCE THE COST THEREOF; AND PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON SUCH BONDS FROM THE RACE TRACK FUNDS AND JAI ALAI FRONTON FUNDS ACCRUING ANNUALLY TO INDIAN RIVER COUNTY, FLORIDA, PURSUANT TO I.AW. was introduced by Mr. Willard W. Siebert, Jr. The Resolution was then read in full and discussed and considered. NOV 2 11979 I e $� X42 PAcE17 A NOV 2 11979 BOOK 4 ) PAGE 173 Mr. Willard W. Siebert,Jr. then moved the adoption of the Resolution as introduced and read. Ms. Alma Lee Loy seconded the motion, and, on roll call, the following voted "Aye": William C. Wodtke, Jr., R. Don Deeson, Patrick B. Lyons, Williad W. Siebert, Jr. and Alma Lee Loy ; and the following voted "Nay": None The Chairman thereupon declared the motion carried and the Resolution adopted as introduced and read. There being no further business to come before the meeting, upon motion duly made and seconded, the meeting was adjourned. -2- CERTIFICATE OF RECORDING OFFICER The undersigned HEREBY CERTIFIES that: 1. SHe is the duly appointed, qualified and acting Clerk of the Circuit Court of Indian River County, Florida (herein called the Clerk , and keeper of the records thereof, including the minutes of its proceedings; 2. The annexed copy of extracts from the minutes of the regular meeting of the Board of County Comm;ssioners held on the 21st day of November , 19 79, is a true, correct, and compared copy of the whole of the original minutes of the meeting on file and of record insofar as the same relate to the resolution referred to in such extracts and to the other matters referred to therein; 3. The meeting was duly convened in conformity with all applicable requirements; a proper quorum was present through- out the meeting and the resolution hereinafter mentioned was duly proposed, considered, and adopted in conformity with appli- cable requirements; and all other requirements and proceedings incident to the proper adoption of the resolution have been duly fulfilled, carried out, and otherwise observed; and 4. He is duly authorized to execute this Certificate; 5. The copy of the resolution annexed hereto entitled: A RESOLUTION PROVIDING FOR THE RECONSTRUCTION, ALTERATION, FURNISHING AND EQUIPPING OF A14 ADMINISTRATION BUILDING, COURTHOUSE AND ANNEXES IN INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE ISSUANCE OF 140T EXCEEDING $4,350,000 CAPITAL IMPROVEMENT REVENUE BONDS TO FINANCE THE COST THEREOF; AND PROVIDING FOR THE PAY14ENT OF THE PRINCIPAL OF AND INTEREST ON SUCH BONDS FROM THE RACE TRACK FUNDS AND JAI ALAI FROIJTON FUNDS ACCRUING ANNUALLY TO INDIAN RIVER COUNTY, FLORIDA, PURSUANT TO LAW. ' is a true, correct, and compared copy of the original resolution referred to in the extracts and as finally adopted at the meet- ing and, to the extent required by law, as thereafter duly signed or approved by the proper officer or officers of the Board of County Commissioners , which resolution is on file and of record. WITNESS my hand and the seal of the Clerk , this 21st day of November , 1979 . CLERK OF THE CIRCUIT COURT OF INDIAN RIVER COUNTY, FLORIDA %) Freda Wright (SEAL) NOV 211979 BOOK 49 FAc' 174 NOV 211919 BOOK 42 pAGE175 RANBIR SINGH, CONNELL METCALF & EDDY, INC., APPROACHED THE BOARD TO DISCUSS THE CONTRACT DOCUMENTS FOR ADDITIONS AND RENOVATIONS TO THE ADMINISTRATION BUILDING AND THE COURTHOUSE. HE STATED THAT HE WAS IMPRESSED WITH THE DETAILS RECEIVED FROM CONSTRUCTION PROJECT SUPERINTENDENT KONTOULAS AFTER HIS REVIEW OF THOSE DOCUMENTS, AND ADVISED THAT MOST OF THOSE COMMENTS HAVE ALREADY BEEN TAKEN CARE OF. MR. SINGH NOTED THAT HE WILL BE SENDING A COPY OF THE DRAFT PREPARED FOR ADVERTISING THE BIDS NEXT WEEK FOR THE BOARDS REVIEW AND WOULD LIKE, IF POSSIBLE, AUTHORIZATION AT THE DECEMBER 5, 1979 MEETING FOR THE ADMINISTRATOR TO ADVERTISE THE PROJECT FOR BIDS. HE COMMENTED THAT THEY WILL BEGIN PRINTING THE DRAWINGS AND WILL BE DISTRIBUTING SETS TO THE CONTRACTORS BETWEEN DECEMBER 15TH AND 31ST; ALSO THEY WILL SCHEDULE A PRE-BID CONFERENCE, MR. SINGH REPORTED THAT ALL CONTRACTORS WILL BE WELCOME TO COME TO THIS CONFERENCE TO ASK QUESTIONS ON THE PROJECT. HE NOTED THAT THE BIDS WILL BE OPENED ON JANUARY 23, 1980 AT THE REGULAR COMMISSION MEETING, READ ALOUD, AND THE FIGURES NOTED; AFTERWARD THE BIDS WILL BE ANALYZED AND THEY WILL MAKE RECOMMENDA TIONS. MR. SINGH STATED THAT ON JANUARY 31, 1980 A WORKSHOP FOR THE COMMISSION WILL BE SCHEDULED TO TAKE ACTION AND, HOPEFULLY, AWARD THE CONTRACT; ANY FINANCING ARRANGEMENTS SHOULD BE MADE AT THAT TIME. HE COMMENTED THAT THE INFLATION FACTOR IS 12% TO 15% PER YEAR, WHICH IS THE SCHEDULE AGREED UPON IN THE WORKSHOP MEETING HELD SEVERAL MONTHS AGO, AND ANY DEVIATIONS FROM THESE FUGURES CAN BE VERY COSTLY LATER. DISCUSSION FOLLOWED ABOUT THE SCHOOL BOARD AND IT WAS STRESSED THAT IT WAS IMPERATIVE THAT ANY AGREEMENTS SHOULD BE SETTLED BY THE BIDDING DATE OF DECEMBER 15, 1979, IF POSSIBLE. CHAIRMAN WODTKE EXPLAINED THAT HE HAS BEEN IN CONTACT WITH DR. BURNS OF THE SCHOOL BOARD AND WITH ATTORNEY COLLINS AND ATTORNEY CALDWELL AND THEY ARE IN THE PROCESS OF WORKING OUT THE DETAILS OF A PROPOSED LEASE WITH THE SCHOOL BOARD. THE BOARD THEN COMMENDED THE FINE WORK THAT PAIR. KONTOULAS DID ON THE REVIEW OF THE DOCUMENTS, AND WERE HOPEFUL OF MEETING ALL THE DEADLINES IN ORDER'TO GET THE JOB DONE. COMMISSIONER LYONS ASKED IF THE BOARD COULD GIVE HIM THE RESPONSIBILITY TO LOOK INTO AN EMERGENCY AMBULANCE SERVICE IF THE PROBLEM DOES ARISE. DISCUSSION ENSUED AND THE BOARD HAD NO OBJECTION OF COMMISSIONER LYONS LOOKING INTO THE MATTER, COMMISSIONER LOY NEXT BROUGHT UP THE SUBJECT OF THE BEACH EROSION STUDY AND STATED THAT THE CORPS OF ENGINEERS WOULD LIKE.TO ASK THE COUNTY TO REAFFIRM THEIR ASSURANCES ON THIS STUDY. SHE CONTINUED THAT BASED ON WHAT HAPPENED TO THE COUNTY DURING THE HURRICANE, IT SEEMS IMPERATIVE THAT WE GET SOMETHING ON ITS WAY TO WASHINGTON FOR APPROVAL. COMMISSIONER LYONS FELT HE WOULD GO ALONG WITH SAYING THAT IT SHOULD BE KEPT ALIVE; EITHER WE DO SOMETHING SUCH AS PUMP SAND ONTO THE BEACHES OR YOU LET THE BUILDINGS FALL INTO THE WATER. COMMISSIONER SIEBERT WAS IN AGREEMENT WITH REAFFIRMING OUR ASSURANCES FOR THE STUDY ON BEACH EROSION. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO WRITE A LETTER PROVIDING BASIC COUNTY ASSURANCES TO THE COMMITTEE FOR THE BEACH EROSION STUDY, THE BOARD NEXT DISCUSSED PREVAILING UPON THE DOT TO GET THE CONTRACTOR FOR THE ROAD WORK ON US #1 AT THE RELIEF CANAL TO FINISH THE JOB AS SOON AS POSSIBLE, AS IT IS MOVING TOO SLOWLY. ADMINISTRATOR JENNINGS STATED THAT HE WOULD WRITE TO THE DOT CONCERNING THIS MATTER, CHAIRMAN WODTKE NOTIFIED THE BOARD THAT SOMEONE MUST BE APPOINTED TO THE DISTRICT 10 MENTAL HEALTH BOARD AND WAS OPEN FOR SUGGESTIONS. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER SIEBERT, THE BOARD UNANIMOUSLY APPROVED ADDING AN EMERGENCY ITEM TO THE CLERKS AGENDA. ATTORNEY COLLINS THEN DISCUSSED THE FOLLOWING MEMO- RANDUM AND ATTACHMENT CONCERNING PISTOL PERMITS: NOV 211979 79 Baas 42 pn' 17� . NOV 211979 •6QQK November 21, 1979 To: The Board of County Commissioners From: Freda Wright, Clerk The following applications for pistol permits have been completed in accordance with the require- ments of Ordinance 79-27. Each applicant has completed the required training course and their applications have been duly processed by the Clerk's Office and the Sheriff's Department. The Sheriff has no objection to issuance of a Pistol permit to the following: James Brown Charles Wilson Behler Andrew W. offutt George Daniel McCarthy Leroy -Brown Ferdinand Kulima Virgin xargreavee Deputy Clerk P.S. See Sheriff's comment re James Brown. November 19, 1979 Mr. William C. Wodtke, Jr. Chairman - Board of County Commissioners of Indian River County County Courthouse 2145 14th Avenue Vero Beach, Florida 32960 Re: James Brown Pistol Permit Applicant dob: 6/21/1909 ss#: 263/26/0349 Dear Mr. Wodtke: The above named JAMES BROWN, a resident of Vero Beach - Indian River County for the past several years, has applied to the Board of County Commissioners of Indian River County for a pistol permit. The records have been checked through the Indian River County Sheriff's Department - Records Division and checked through NCIC. There are no records, warrants or holds on JAMES BROWN a/k/a BUSTER BROWN. I have no objections to the issuance of a pistol permit to JAMES BROWN, however this permit can not be used in lieu of the State Permit for Security guards. Mr. Brown would like the permit for self-protection while engaged in business with Catron Truck Brokerage. Please be further advised that a letter from Catron Truck Brokerage was not included with this application but there may be one on file with his previous application.n Pytr ly yours, . JOYCE, S ERIFF _ In River County 80 42' P'ACE177 f- DISCUSSION FOLLOWED AND IT WAS SUGGESTED THAT MR. JAMES BROWN RECEIVE A COPY OF SHERIFF .JOYCE'S LETTER AND UNDERSTANDS THAT IT IS ISSUED FOR PERSONAL SAFETY AND NOT FOR A SECURITY GUARD. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMIS— SIONER LOY, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM FOR THE FOLLOWING: JAMES BROWN CHARLES WILSON BEHLER ANDREW W. OFFUTT GEORGE DANIEL MCCARTHY LEROY BROWN FERDINAND KULIMA AND BASED ON MR. .JAMES BROWN'S UNDERSTANDING, THAT HIS PERMIT IS ISSUED FOR PERSONAL SAFETY AND NOT FOR A SECURITY GUARD. THE SHERIFF HAS NO OBJECTION TO. THE OTHER PERMITS. 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. 63888 - 64038 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 4:10 O'CLOCK P.M. ATTEST: CLER K CHAIRMAN NOV 24 1979 81 moo. 42 PAcE 178