HomeMy WebLinkAbout1/9/1980WEDNESDAY, .JANUARY 9, 1980
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN REGULAR SESSION AT THE COURTHOUSE, VERO BEACH,
FLORIDA, ON WEDNESDAY, .JANUARY 9, 1980, AT 8:30 O'CLOCK A.M. PRESENT
WERE WILLIAM C. WODTKE, SJR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN;
WILLARD W. SIEBERT, JR.; R. DON DEESON; AND PATRICK B. LYONS. ALSO
PRESENT WERE .JACK G. JENNINGS, COUNTY ADMINISTRATOR; L. S. "TOMMY"
THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS, JR..,
ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JEFFREY BARTON,
FINANCE OFFICER; VIRGINIA;HARGREAVES-AND JANICE W. CALDWELL, DEPUTY
CLERKS.
THE CHAIRMAN CALLED THE MEETING TO ORDER.
COMMISSIONER LYONS LED THE PLEDGE OF ALLEGIANCE TO THE
FLAG, AND REVEREND LUTHER GREEN, FRIENDSHIP BAPTIST CHURCH, GAVE THE
INVOCATION.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORREC-
TIONS TO THE MINUTES OF THE SPECIAL MEETING OF DFCEMBER 11, 1979.
COMMISSIONER LYONS REQUESTED THAT ON PAGE 41, FIFTH PARA-
GRAPH, HOWARD PISANO SHOULD BE CHANGED TO "OTTO PISANI," AND ON
LINE 18, PISANO SHOULD BE CHANGED TO "PISANI."
COMMISSIONER LOY REQUESTED ON PAGE 45, LINE 13 SHOULD BE
CHANGED TO READ "DISPUTE THE 5,000 GALLONS PER MONTH AVERAGE USAGE."
THESE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMISSIONER
SIEBERT, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY
APPROVED THE MINUTES OF THE SPECIAL MEETING OF DECEMBER 1.1, 1979,
AS WRITTEN.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORREC-
TIONS TO THE MINUTES OF THE SPECIAL MEETING OF DECEMBER 12, 1979.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL
MEETING OF DECEMBER 12, 1979, AS WRITTEN.
THE BOARD NEXT DISCUSSED THE CLERK'S AGENDA, AND FINANCE
OFFICER BARTON EXPLAINED THAT A RESOLUTION IS NEEDED TO SHOW HOW
JAN " 91980
BOOK 4Z PAGE 1 7
I
JAN 91980 enoK 42 PACE 418
THE FUNDING THAT COMES THROUGH THE BOARD FOR THE HEALTH DEPARTMENT
IS PAID TO THE STATE TREASURER.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
SIEBERT, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 80-1 REGARDING
THE METHOD OF PAYMENT OF MILLAGE LEVIED FOR THE BENEFIT OF THE
DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES TO THE STATE
TREASURER. .
RESOLUTION NO. 80-1
WHEREAS, INDIAN RIVER COUNTY has -a population exceeding
40,000 and not exceeding 100,000; and
WHEREAS, Florida Statute 154.02 provides that tax levies
not exceeding one (1) mill on all taxable property in the County
may be levied for. purposes of the Department of Health and
Rehabilitative Services; and
WHEREAS, there are two (2) methods of payment available
to the County under the above-cited Statute;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the County Tax
Collector shall pay the proceeds from the millage levied for the
benefit of the County Health Department and the Department of
Health and Rehabilitative Services to the Board of County Com-
missioners who will be paying the State Treasurer in twelve (12)
equal monthly installments.
**********
Said Resolution shall become effective as of the
1st day of December, 1979.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
Chairman
Attest:
k,�, '
Freda Wright, C,1erk -
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR A PERMIT TO
CARRY A CONCEALED FIREARM FOR .JERRY .JOHNSON AND ERNEST G. SLOAN.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED THE RENEWAL APPLICATION FOR
A PERMIT TO CARRY A CONCEALED FIREARM FOR THE FOLLOWING:
BRADFORD .JOHN BAGLEY WILFORD B. NEEDS
FRANCIS LITTLEBURY DANCY
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR
.JUDITH A. WAKEFIELD, COUNTY EXTENSION DIRECTOR, AND PETE SPYKE,
AGRICULTURAL SPECIALIST, AS FOLLOWS:
.JUDITH A. WAKEFIELD:
JANUARY 9 (A.M.) FT. PIERCE
JANUARY 30, 31
PETE SPYKE:
JANUARY 9
JANUARY 15
W. PALM BEACH
FT. PIERCE
LAKE ALFRED
AREA STAFF MEETING WITH DISTRICT
AGENT
4-H TRAINING SON STATE TRAVEL
FUNDS)
MONTHLY STAFF MEETING WITH DR.
CALLOWAY SON STATE FUNDS)
FLORIDA CITRUS NURSERY GROWERS
MEETING
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAY ROLLS,
CIRCUIT COURT, FALL TERM, 1979, IN THE AMOUNTS OF $166.76, $153.04,
AND $95.52; AND COUNTY COURT, DECEMBER TERM, 1979, IN THE AMOUNTS
OF $48.84 AND $168.90.
CHAIRMAN WODTKE ANNOUNCED THAT IT WAS TIME TO HOLD A
REORGANIZATIONAL MEETING, AND TURNED THE GAVEL OVER TO ATTORNEY
COLLINS TO ACT AS TEMPORARY CHAIRMAN.
ATTORNEY COLLINS PAID TRIBUTE TO THE ENTIRE BOARD AND WAS
MOST IMPRESSED WITH THEIR COMPLETE UNSELFISHNESS TOWARD EACH OF THEIR
DUTIES, AND THAT THEY OPERATED IN SUCH A HARMONIOUS FASHION. HE
THEN MENTIONED SOME OF THEIR ACCOMPLISHMENTS, SUCH AS: THE DRAINAGE
3 Boa PAGE 419
JAN 9 1980
JAN 919 o locK 42 pAcE420
STUDIES, 17TH STREET BRIDGE OPENING, SOLVING OF THE GIFFORD SEWER
AND WATER PROBLEMS, THE LANDFILL, AND SUPPLYING WATER TO THE SOUTH
COUNTY. THE ATTORNEY NOTED THE BOARD HAS BROUGHT IN A HIGH CALIBER
OF PERSONNEL, AND FELT THE COUNTY WILL NOW HAVE THE CAPABILITY OF
SOLVING PROBLEMS THAT WILL BE FACING THEM IN THE FUTURE. ATTORNEY
COLLINS THEN CONGRATULATED THE ENTIRE BOARD.
ATTORNEY COLLINS STATED THAT HE WOULD ENTERTAIN NOMINATIONS
FOR THE ELECTION OF A CHAIRMAN TO THE COUNTY COMMISSION FOR THE
COMING YEAR.
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS-
SIONER SIEBERT, TO NOMINATE COMMISSIONER LOY TO SERVE AS CHAIRMAN OF
THE BOARD FOR THE COMING YEAR.
COMMISSIONER LOY DECLINED THE NOMINATION AND REQUESTED THAT HER
NAME BE WITHDRAWN BECAUSE PRESSURES OF BUSINESS WOULD NOT ALLOW HER TO ACCEPT.
COMMISSIONER LYONS WITHDREW HIS NOMINATION AND COMMISSIONER
r
SIEBERT WITHDREW HIS SECOND.
MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COM-
MISSIONER LOY, TO NOMINATE COMMISSIONER SIEBERT TO SERVE AS CHAIRMAN
FOR THE COMING YEAR,
ATTORNEY COLLINS ASKED IF THERE WERE ANY FURTHER NOMINATIONS
AND THERE WERE NONE. HE THEN CALLED FOR THE QUESTION. IT WAS VOTED
ON AND CARRIED UNANIMOUSLY, AND COMMISSIONER SIEBERT WAS ELECTED AS
CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS.
COMMISSIONER SIEBERT COMMENTED THAT IT WOULD BE DIFFICULT
FOR HIM TO FOLLOW IN THE FOOTSTEPS OF CHAIRMAN WODTKE; HE THEN
PRAISED HIM FOR THE WORK HE ACCOMPLISHED IN THE PAST THREE YEARS.
CHAIRMAN SIEBERT THEN PRESIDED OVER THE MEETING AND OPENED
THE FLOOR FOR NOMINATIONS FOR VICE CHAIRMAN.
MOTION WAS MAKE BY COMMISSIONER DEESON, SECONDED BY COM-
MISSIONER WODTKE, TO RE-ELECT COMMISSIONER LOY AS VICE CHAIRMAN.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY, AND COMMISSIONER LOY WAS RE-ELECTED AS VICE
CHAIRMAN.
77
I"
_I
COMMISSIONER Loy STATED THAT SHE APPRECIATED THE NOMINA-
TION AND ELECTION AND THE VICE CHAIRMAN'S JOB WAS THE SPOT WHERE SHE
COULD SERVE BEST. SHE THEN PAID TRIBUTE TO COMMISSIONER WODTKE
AND FELT HE CARRIED THE LOAD AS CHAIRMAN IN THE MOST PROFESSIONAL
COMMISSIONER WODTKE REMARKED THAT THERE WASN'T ANY WAY
THAT A
PERSON COULD
SERVE AS CHAIRMAN WITHOUT
A GOOD VICE
CHAIRMAN
AND A
GOOD BOARD.
HE THEN GAVE CREDIT TO HIS
SECRETARY,
ELIZABETH
FORLANI, AND TO THE STAFF, AND TO EVERYONE WHO HAS WORKED SO HARD.
HE CONTINUED THAT IN THE YEARS HE HAS SERVED ON THE BOARD, HE HAS
NOT SEEN A MORE DEDICATED PERSON THAN COMMISSIONER LYONS, WHO HAS
DONE A TREMENDOUS AMOUNT OF WORK, AND IS ALWAYS WILLING TO GO INTO
A TIGER'S DEN. COMMISSIONER WODTKE ALSO EXPRESSED APPRECIATION TO
THE NEWS MEDIA FOR THEIR GREAT SERVICE TO THE COMMUNITY. HE NOTED
THAT UNTIL A PERSON SERVES AS CHAIRMAN, HE DOESN'T REALIZE HOW
OFTEN HE MUST DEPEND ON LEGAL ADVISORS, AND HE HAS RECEIVED A LOT
OF CREDIT IN VARIOUS NEGOTIATIONS AND IN MOST CASES, IT WAS ATTORNEY
COLLINSI PRIMING AND SUGGESTIONS THAT WERE USED, AND COMMISSIONER
WODTKE THEN THANKED THE ATTORNEY FOR ALL HIS HELP.
CHAIRMAN SIEBERT STATED THAT THERE ARE TWO POSITIONS THAT
THE BOARD MUST NOW MAKE OFFICIAL DECISIONS ON; THEY ARE THE COUNTY
ADMINISTRATOR, AND THE COUNTY ATTORNEY.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY REAPPOINTED .JACK G. JENNINGS AS COUNTY
ADMINISTRATOR FOR THE ENSUING YEAR.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AGREED TO CONTINUE TO RETAIN THE SERVICES
OF GEORGE G. COLLINS, .JR. AS ATTORNEY TO THE BOARD OF COUNTY COM-
MISSIONERS FOR THE ENSUING YEAR, AND IF NECESSARY, THE SERVICES OF
THE FIRM OF COLLINS, BROWN, VAN DE VOORDE & EVANS, AND THAT THE
CHAIRMAN BE AUTHORIZED TO SIGN THE EXTENSION AGREEMENT FOR THE COMING
YEAR.
JAN 9 1980 5
9v
BQDIt42 mcE°421
JAN 91980
EXTENSION AGREEMENT
km 42 RAGE 429
THIS EXTENSION AGREEMENT, entered into the 9th day of
January
, 1980 by and beteween GEORGE G. COLLINS, JR., herein-
after referred to as "ATTORNEY", and INDIAN RIVER COUNTY, a political
subdivision of the State of Florida, hereinafter referred to as
"COUNTY", their heirs, successors and assigns.
W I T N E S S E T H:
1. The Agreement dated the 12th day of January , 1979
is hereby extended for an additional one-year term.
2. Paragraph 2 of the Agreement dated the 12th day of
January , 1979, is hereby amended to reflect a retainer of
FORTY TWO THOUSAND SEVEN HUNDRED TWENTY SEVEN DOLLARS ($42,727.00).
3. COUNTY further acknowledges that it has budgeted certain
funds for an Assistant to the County Attorney which funds are
available for salary and other necessary related expenses as soon
as the Assistant is hired.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands and seals the day and year first above written.
Signed, sealed and delivered
in the presence of:
Q org G. Collins, r.
t
As to Attorney
r
Attest : '��.
Freda Wright, Clerk
INDIAN RIVER,COUNT ELOR
Pf
Y
COMMISSIONER LYONS STATED THAT REGARDING THE APPOINTMENT
TO THE BOARD OF ZONING ADJUSTMENT FOR DISTRICT 2, HE IS NOT IN A
POSITION TO MAKE THIS APPOINTMENT AND, IN ORDER TO MAKE A FURTHER
STUDY, WOULD LIKE TO DEFER THE APPOINTMENT UNTIL THE NEXT MEETING.
CHAIRMAN SIEBERT NEXT BROUGHT UP THE SUBJECT OF APPOINTMENTS
TO THE BOARD OF ZONING ADJUSTMENT FOR THE TWO YEAR TERM IN DISTRICTS
4 AND 5.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 80-2 APPOINTING
MICHAEL WODTKE FOR DISTRICT 4, AND DOROTHY HUDSON FOR DISTRICT 5,
EACH TO SERVE A TWO YEAR TERM ON THE BOARD OF ZONING ADJUSTMENT.
RESOLUTION NO. 80-2
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, That MICHAEL WODTKE is hereby
appointed to a two-year term on the Indian River County Board
of Zoning Adjustment, District Four; and DOROTHY HUDSON is
hereby appointed to a two-year term on the Indian River County
Board of Zoning Adjustment, District Five.
Said Resolution shall become effective as of the 9th
day of January , 1980.
Attest:
, Cior
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By 1,61ely
Wi lard W Siebert,Jr., -CKa,#=&n
JAN 91980 Am 42 PACE423
JAN 91980
42 FAcE 424
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 80-3 APPOINTING
COMMISSIONER LYONS TO THE LAW LIBRARY BOARD OF TRUSTEES.
RESOLUTION NO. 80-3
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, That PATRICK B. LYONS is hereby
appointed to the Board of Trustees of the Indian River County
Law Library, as the Commission appointment, for a term of one
(1) year.
Said Resolution shall become effective as of the 9th
day of January , 1980.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By
[Dillard W. Sieber ,Jr., irman
Attest:
Freda Wright, Cl rk
L -JAN
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 80-4 NAMING THE
APPOINTMENTS TO THE TREASURE COAST REGIONAL PLANNING COUNCIL AS
FOLLOWS: COMMISSIONER LYONS, COMMISSIONER WODTKE, AND MAYOR PAT
FLOOD FROM THE CITY OF SEBASTIAN; AND THE ALTERNATES: L. S. "TOMMY"
THOMAS, DAVID REVER, AND DOROTHY CAIN, OF THE CITY COUNCIL.
RESOLUTION NO. 80-4
WHEREAS, Indian River County desires to make new
recommendations for appointments to the TREASURE COAST REGIONAL
PLANNING COUNCIL; and
WHEREAS, the Indian River County Commission, at its
organizational meeting on January 9, 1980, decided on
recommendations for representation on the TREASURE COAST
REGIONAL PLANNING COUNCIL;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the following
persons are recommended as Indian River County Representative or
Alternate, as the case may be, to the TREASURE COAST REGIO14AL
PLANNING COUNCIL:
1. PATRICK B. LYONS
L. S. THOMAS, JR.
2. WILLIAM C. WODTKE, JR.
DAVID REVER
3. PAT FLOOD, JR.
DOROTHY CAIN
Representative
Alternate
Representative
Alternate
Municipal Representative
Municipal Alternate
This Resolution shall become effective as of the 9th
day of January , 1980.
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By
W1 I 1'a'? iebert, 177,47, C airman
Attest:
aooK 42 . Fmc€ 425
Freda Wright, Cler Jy!
91980
JAN 91980 ion 42 PA -GE 426
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 80-5 APPOINTING
COMMISSIONER DEESON TO THE CITY OF VERO BEACH RECREATION COMMISSION.
RESOLUTION NO. 80-5
BE IT RESOLVED BY THE BOARD OF COUNTY COMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, That R. DON DEESON is hereby
appointed as the Commission Representative to serve on the
City of Vero Beach Recreation Commission.
day of
Said Resolution shall become effective as of the 9th
January , 1980.
BOARD OF COUNTY COMDgISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
By -
Y -Z.' A'-9
W lard Siebert, Jr. h firman
Attest:
- LAU
Freda Wright, gl/erk
CHAIRMAN SIEBERT REPORTED THAT THERE IS A 201 STUDY MEETING
SCHEDULED AT 1:00 O'CLOCK P.M. TOMORROW IN TALLAHASSEE.
ADMINISTRATOR .JENNINGS STATED THAT HE WILL CALL TO SEE IF
THIS MEETING PERTAINS TO INDIAN RIVER COUNTY OR IF IT IS AN OVERALL
201 STUDY, AND WILL REPORT BACK TO THE BOARD LATER IN THE MEETING.
ASSISTANT ADMINISTRATOR NELSON DISCUSSED THE HOLIDAY
SCHEDULE FOR 1980. HE REPORTED THAT THE COUNTY HAD 9 HOLIDAYS LAST
YEAR AND ARE NOW ASKING FOR 10 HOLIDAYS, AS THEY WANT TO GET MORE IN
LINE WITH THE CITY OF VERO BEACH AND PIPER. MR. NELSON STATED THAT
IN ORDER TO HAVE A HOLIDAY BETWEEN NEW YEARS DAY AND MEMORIAL DAY,
WASHINGTON'S BIRTHDAY WAS PROPOSED AS THE ADDITIONAL HOLIDAY FOR
INDIAN RIVER COUNTY.
- DISCUSSION_FOLLOWED ALONG THOSE LINES, AND IT WAS MENTIONED
THAT THIS SCHEDULE HAD NOT BEEN CIRCULATED TO THE OTHER DEPARTMENTS
AS YET.
MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
WODTKE, THAT THE HOLIDAY SCHEDULE CONTAINING 9 HOLIDAYS BE SUBMITTED
TO THE OTHER ELECTED OFFICIALS, AND UPON THEIR CONCURRENCE, ADOPTED
AS A SCHEDULE FOR 1980.
COMMISSIONER LYONS FELT THAT THE COUNTY SHOULD BE CONSISTENT
WITH THE PRACTICE IN THE AREA. HE THEN ASKED IF PERSONNEL DIRECTOR
DONLON COULD DO A SURVEY OF THE PRACTICE IN FT. PIERCE, ST. LUCIE
COUNTY, AND BREVARD COUNTY.
PERSONNEL DIRECTOR DONLON AFFIRMED THAT HE WOULD OBTAIN
THIS INFORMATION.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
SUPERVISOR OF ELECTIONS RICHEY APPROACHED THE BOARD
REGARDING THE FINAL CHANGE OF PRECINCTS. SHE CONTINUED THAT TWO OF
THE PRECINCTS ARE BEING CHANGED AND THEY ARE: PRECINCT 5., WHICH
ORIGINALLY VOTED AT THE CARPENTERS HALL, HAS NOW BEEN DIVIDED AT
STATE ROAD 60 AND THE PEOPLE SOUTH OF THAT WILL VOTE AT THE LUTHERAN
CHURCH AT 1850 6TH AVENUE. PRECINCT 5B, WHICH IS SOUTH VERO BEACH
JAN 91980
ll eaox . ,4el g e.��97
JAN 91980 BOOK -.42 FicE 428
OUTSIDE OF THE CITY LIMITS, HAS BEEN DIVIDED AT THE INTERCOASTAL
WATERWAY, AND THE PEOPLE WILL VOTE AT ST. EDWARDS UPPER SCHOOL;
AND IT WILL BE KNOWN AS PRECINCT 5D.
SUPERVISOR OF ELECTIONS RICHEY REPORTED THAT THE CITY
COUNCIL IN FELLSMERE REQUESTED THE VOTING PLACE BE CHANGED FROM THE
FELLSMERE CITY HALL TO THE FELLSMERE COMMUNITY CENTER.
ATTORNEY COLLINS THOUGHT IT WAS NECESSARY TO PUBLISH THE
CHANGE IN LOCATION, AND MRS. RICHEY REPLIED AFFIRMATIVELY.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE RECOMMENDATIONS BY THE
SUPERVISOR OF ELECTIONS OF THE PRECINCT CHANGES AND CHANGE IN
LOCATION FOR THE VOTING PLACE IN FELLSMERE.
MRS. RICHEY DISCUSSED PUTTING THE FIRE DISTRICT ON THE
BALLOTS, AND REQUESTED A MAP FROM THE ATTORNEY OF THE FIRE DISTRICT
TO ENABLE HER TO KNOW WHO IS ELIGIBLE TO VOTE.
MRS. RICHEY NEXT INQUIRED WHEN WORK ON THE WAREHOUSE WOULD
BE COMPLETED.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT THE ROOF
OF THE WAREHOUSE HAS BEEN COMPLETED.
DISCUSSION FOLLOWED ABOUT MOVING THE VOTING MACHINES AND
CLEANING OUT THE AREA, AND DESIGNATING SOMEONE TO KEEP THE AREA
CLEAN, AND ADMINISTRATOR JENNINGS STATED HIS CREW WOULD TAKE CARE
OF IT WITH THE COOPERATION OF THE MAN IN MRS, RICHEY'S DEPARTMENT.
ASSISTANT ADMINISTRATOR NELSON REPORTED THAT THE FLOORS ARE
BEING WORKED ON NOW. HE THEN DISCUSSED THE POSSIBILITIES OF USING
EITHER A DEHUMIDIFIER OR AN AIR CONDITIONER IN THE WAREHOUSE, AND
RECOMMENDED USING AN AIRCONDITIONER.
CHAIRMAN SIEBERT COMMENTED THAT WE MUST DO ALL WE CAN TO
PROTECT THE VOTING MACHINES, AND GET THEM IN THE PROPER LOCATION
TO PROVIDE ROOM TO WORK ON THEM. HE SUGGESTED FURTHER INVESTIGATION
OF THE DEHUMIDIFIER AND AIR CONDITIONER AND REQUESTED A REPORT TO
THAT EFFECT.
THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED,
TO -WIT:
VERO BEACK PRESS4 URNIA.L -
Published Weekly
Vero Beach, Indian Diver County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of _
IFCC&
in the Court, was pub-
lished in said newspaper in the issues of
ke - 'C % r "A/ ) A AV) 7"/ /
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.
P9
Sworn to and subscribed before rw this day of /' A.D.
~
(Business Manager)
(SEAL) (Clerk of the Circuit Court, I di River County, Florida)
NOTICE OF SALE.
OF REAL ESTATE
Pursuant to Florida Statute 125.35, the Board
of .County Commissioners of Indian River
County, Florida, will accept written bids to the
hour of 9:30 o'clock A.M., Wednesday, January
9, 1960, for the cash purchase of the following
described Counfy properties:
Lot 2, Block 12, HILLCREST SUBDIVISION,
NO. 2. Located in the 4200 Block of 25th
Avenue. On the tax roll as 26-32-39.02-0120-002.
Lot 13, Block 10, VERO BEACH ESTATES—
Less a Deed of Easement as follows:
(1) The northerly five feet.
(2) The easterly twenty-five feet of the
westerly thirty-five feet.
Property located on Cypress Road.
The Board of County Commissioners
reserves the right to reject any or all of the
bids and make awards in any manner which
the Board considers to be in the best interest of
Indian River County, Florida.
All bids shall be for a cash purchase, in
writing by legal description as listed above and
shall include a check payable to Indian River
County for ten percent (10 percent) of the bid
price with the balance due five (5) days after
acceptance, submitted in an envelope securely
sealed and marked on the outside "SEALED '
BID FOR COUNTY LAND — JANUARY 9,
1980, AT 9:30 O'CLOCK A.M." Bids may be
mailed or delivered to the Office of the Board
of County Commissioners, County Courthouse,
2145 14th Avenue, Vero Beach, Florida 32960.
Proposals received after 9:30 o'clock A.M.,
January 9,1980, will be returned unopened.
Board of County Commissioners
Indian River County, Florida
By: -s -William C. Wodtke Jr., Chairman
Dec. 21, 28,1979.
THE CHAIRMAN THEN ASKED FOR RECEIPT OF BIDS IN ACCORDANCE
WITH THE NOTICE AND THE FOLLOWING SEALED BIDS WERE RECEIVED, OPENED
AND READ:
JESSIE WILLIAMS, C. J. HILL, AND WILLIE WALKER
FOR LOT 2, BLOCK 12, HILLCREST SUBDIVISION,
No. 2 $1,500.00
DR. A. J. BIANCO FOR LOT 13, BLOCK 10, SERO
BEACH ESTATES $1,000.00
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF JESSIE WILLIAMS,
C. J. HILL, AND WILLIE WALKER FOR LOT 2, BLOCK 12, HILLCREST SUB-
DIVISION, N0. 2, AS ADVERTISED, AS BEING THE LOWEST AND BEST BID,
IN THE AMOUNT OF $1,500.00.
JAN 91980 13 Nex Flku tt
JAN 91980
DOGE( 42 E'AGF 430 ,
DISCUSSION ENSUED CONCERNING LOT 13, BLOCK 10 IN VERO
BEACH ESTATES.
INTERGOVERNMENTAL COORDINATOR THOMAS COMMENTED THAT IN
VIEW OF THE FACT THAT DR. AND PARS. BIANCO OWN ON BOTH SIDES OF THIS
LOT, IT IS OF NO VALUE AND A CONTINUING NUISANCE TO THE COUNTY. HE
CONTINUED THAT IT WOULD INCREASE THE VALUE FOR THE BIANCOS BUT NOT
FOR THE COUNTY.
MRS. BIANCO STATED THAT THEY BOUGHT THEIR LOTS 27 YEARS
AGOIAND LOT 13 WAS DESIGNATED AS A STREET BUT NEVER WAS MADE INTO A
STREET, AND NOW A SEWER IS RIGHT DOWN THE CENTER OF THE LOT AND
NOBODY CAN BUILD ON IT.
MR. BIANCO STATED, FOR THE RECORD, THAT THEY ARE BIDDING
ON THE LOT AS ADVERTISED BY THE COUNTY.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ACCEPTED THE BID OF DR. A. J. BIANCO
FOR LOT 13, BLOCK 10, VERO BEACH ESTATES, AS ADVERTISED, AS BEING
THE LOWEST AND BEST BID, IN THE AMOUNT OF $1,000.00.
INTERGOVERNMENTAL COORDINATOR THOMAS REQUESTED ATTORNEY
COLLINS TO EXPLAIN THE PROPOSED ABANDONMENT OF A PORTION OF LEMON
AVENUE.
ATTORNEY COLLINS NOTED THAT NORMALLY STREETS DEDICATED TO
THE COUNTY ARE ABANDONED BY OUR ROUTINE PROCEDURES; IN THIS CASE,
HOWEVER, THE PROPERTY LIES WITHIN THE CITY OF VERO BEACH AND WAS
ORIGINALLY ABANDONED BY THE CITY. THE OWNER WHO ACQUIRED TITLE FAILED
TO PAY TAXES, AND THE COUNTY FORECLOSED, ON IT UNDER "THE OLD PROCEDURE
WHERE THEY ACQUIRED PROPERTY WHICH WAS NOT SOLD WHEN AUCTIONED. NOW,
AN ABUTTING PROPERTY OWNER WANTS TO ACQUIRE TITLE TO THIS PROPERTY
AND HAS REQUESTED THAT THE COUNTY ABANDON IT. ATTORNEY COLLINS FELT
THAT ABANDONMENT IS NOT THE PROPER PROCESS AND THAT IT SHOULD BE
ADVERTISED FOR SALE THE SAME AS ANY OTHER COUNTY -OWNED PROPERTY.
HE NOTED THAT 15 YEARS AGO, THE COUNTY BY RESOLUTION ESTABLISHED A
PRICE OF $100 FOR THIS PIECE, BUT ATTORNEY COLLINS FELT, IN VIEW OF
THE YEARS THAT HAVE GONE BY, THE COMMISSION WOULD BE BETTER OFF TO
TREAT IT AS ANY OTHER COUNTY -OWNED PROPERTY AND FOLLOW OUR NORMAL
PROCEDURES.
CIN MOTION -BY COMMISSIONER LYONS,=SECONDED BY COMMISSIONER-
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE INTERGOVERNMENTAL COORDI-
NATOR TO ADVERTISE THE COUNTY -OWNED PROPERTY ON LEMON AVENUE FOR SALE.
CHAIRMAN SIEBERT REQUESTED THAT AN ITEM IN REGARD TO THE
SALE OF COUNTY -OWNED PROPERTY IN SEBASTIAN GROVE ESTATES, WHICH WAS
DISCUSSED AT THE LAST MEETING, BE ADDED TO TODAY'S AGENDA.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY ADDED THE ABOVE EMERGENCY ITEM TO TODAY'S
AGENDA AS REQUESTED BY THE CHAIRMAN.
INTERGOVERNMENTAL COORDINATOR THOMAS NOTED THAT HE HAD
BEEN AUTHORIZED TO SELL THIS PARTICULAR PROPERTY A LONG TIME AGO AND
HAD ASKED FOR REAUTHORIZATION BECAUSE OF THE TIME LAG. A QUESTION
AROSE ABOUT THE INDUSTRIAL ZONING AT THE LAST MEETING, AND MR. THOMAS
STATED THAT HE HAS CHECKED, AND THERE ARE NO RESIDENCES IN THIS SUBDI-
VISION.
UBDI-
VISION. THERE IS A WHOLESALE SEAFOOD BUSINESS, A BODY REBUILDING
BUSINESS, STORAGE WAREHOUSES, ETC., AND HE FURTHER NOTED THAT THE
PLANNING DIRECTOR FEELS THE AREA WILL STAY INDUSTRIAL.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY AUTHORIZED THE INTERGOVERNMENTAL COORDI-
NATOR TO ADVERTISE LOT 9, BLOCK 3, AND LOT 25, BLOCK 4, SEBASTIAN
GROVE ESTATES, FOR SALE,
CHAIRMAN SIEBERT NOTED THAT WE NEED TO PASS A RESOLUTION
AUTHORIZING THE SIGNATURE OF THE NEW CHAIRMAN AND VICE CHAIRMAN ON
THE VARIOUS OFFICIAL COUNTY DEPOSITORIES.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-6, DESIGNATING
THE OFFICIAL DEPOSITORIES AND AUTHORIZING THE SIGNATURE OF THE
APPROPRIATE.OFFICIALS.
JAN 91990
15 41
AN ' '9 1980
84014 42 Pw 432.
RESOLUTION NO. 80-6
WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
on January 9, 1980, did select, nominate, and unanimously elect as their Chairman,
Willard W. Siebert, Jr., and did select, nominate and unanimously elect as their
Vice -Chairman, Alma Lee Loy, and
WHEREAS, Freda Wright was elected Clerk of Circuit Court of Indian River
County effective January 4, 1977, AND is also the Clerk of the Board of County
Commissioners as provided by Florida Statute 125.16:
NOW, THEREFORE, BE IT RESOLVED that the Board of County Commissioners do
hereby designate the following banking institutions as official depositories:
1) First Citrus Bank of Indian River County
'2) Florida First National Bank of Vero Beach
3 Commercial Bank of Vero Beach
4) Beach Bank of Vero Beach
5) Southeast Bank of Sebastian
6) Indian River Federal Savings and Loan Association
7 Security Federal Savings and Loan Association of Indian River County
8) First Federal Savings and Loan Association of St. Lucie County
9) Southern Federal Savings and Loan Association of Broward County
10) Home Federal Savings and Loan Association
11) Citizens Federal Savings and Loan Association of St. Lucie County
12) -Vero Beach National Bank
BE IT FURTHER RESOLVED that each designated depository of the Commission be,
and it is hereby requested, authorized, and directed to honor check warrants or
other orders for the payment of money drawn in the Commission's name, including
those payable to the individual order of any person or persons whose name or names
appear thereon, when bearing the signature of the Clerk, Freda Wright, and one
signature of either the Chairman or the Vice Chairman. Of the two signatures, one
must be an actual signature and one may be a facsimile signature. Said actual and
facsimile signatures appearing below:
(1) Freda Wright
(Clerk)
Actual
o9"l' &V
20
Facsimile
(2) Willard W. Siebert, Jr.
(Chairman)
c ua
. IV,
Facsimile
(3) Alma Lee Loy
(Vice Chairman)
x,
Actual
I -
Facsimile -
I
BE IT FURTHER RESOLVED that the above named signatories are hereby authorized
to execute any and -all signature cards and agreements as requested by the respective.
banking institutions to effectuate the intent of this resolution.
We, the undersigned, do hereby certify that there is no provision of said
Commission limiting the power of the Board of County Commissioners to pass this
resolution, and that the same was adopted by this Commission on January 9, 1980,
and -is in conformity with the provisions of said Commission.
Attest: \- 1A1,14 1,14
Freda Wright
Clerk
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
Willard, W. Siebert, Jr.-'/
Chairman
Board of County Commissioners
P.O.Box 1028
Vero Beach, Florida 32960
Telephone (305) 562-7927
Federal I.D. Number 59-6000674
,
BOOK
JAN 91980
J
JAN, 91980
eoOK 4 PAGE 4;34
THE BOARD NEXT DISCUSSED A LETTER RECEIVED FROM LEWIS
GREENE, DIRECTOR OF PUBLIC WORKS, CITY OF VERO BEACH, REQUESTING
JOINT CITY -COUNTY PARTICIPATION IN CLEANOUT OF A CANAL THAT DRAINS
A PART OF ROCKRIDGE SUBDIVISION.
ADMINISTRATOR JENNINGS EXPLAINED THAT THE MAP ATTACHED IS
ERRONEOUS AND MR. GREENE IS NO LONGER ASKING FOR PARTICIPATION ON
THE WHOLE THING - JUST AT THE SOUTH END OF THE CANAL AT 15TH 'FTREET
AND 3RD AVENUE WHERE IT GOES DUE EAST INTO THE INDIAN RIVER. HE
STATED THAT JOHN AMOS OF THE DRAINAGE DISTRICT HAS AGREED TO FURNISH
MARL OFF THE NORTH RELIEF CANAL BANK TO THE CITY AND COUNTY. THE
ADMINISTRATOR NOTED THAT WHILE THE COUNTY HAS NO ACTUAL RESPONSIBILITY
IN THIS, IF THE CANAL DOES BECOME BLOCKED, IT WILL HAVE A TENDENCY TO
FLOOD THE ROCKRIDGE AREA AND THEN IT WOULD BECOME THE COUNTY'S RE-
SPONSIBILITY. THE ADMINISTRATOR SUGGESTED THAT THE BOARD CONSIDER
AUTHORIZING HIM TO DO THIS WORK WITH THE CITY AND REMOVE THE TRASH
TREES. HE CONTINUED THAT MR. GREENE HAS CHECKED WITH THE FORESTER,
WHO HAS AGREED THE TREES CAN COME OUT. THE CITY WILL TAKE THE
RESPONSIBILITY, AND WE CAN SEND DOWN A DRAGLINE AND A DOZER AND
POSSIBLY SOME TRUCKS.
COMMISSIONER LYONS COMMENTED THAT THERE ARE SOME GOOD OAK
TREES IN THIS AREA. HE NOTED THAT THE CITY HAS A GOOD TREE PROTEC-
TION ORDINANCE, AND IN SPITE OF THE FACT THAT MR. GREENE SAYS HE
GOT CLEARANCE FROM THE FORESTER, THE FORESTER HAS NOTHING TO SAY
ABOUT IT: IT WILL REQUIRE A TREE REMOVING PERMIT.
ADMINISTRATOR JENNING COMMENTED THAT MR. GREENE DID SAY
THAT UNDER NO CIRCUMSTANCES WOULD THEY MOVE ANY OAK TREES - ONLY
PEPPER TREES AND SOME AUSTRALIAN PINES. MR. GREENE ALSO SAID THEY
WOULD TAKE CARE OF THE NECESSARY PERMITTING.
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS-
SIONER WODTKE, THAT THE COUNTY PARTICIPATE IN THE CLEARANCE OF THIS
- CANAL AND REMOVAL OF TREES AS REQUESTED BY MR. GREENE ON THE CONDI-
TION THAT ALL NECESSARY PERMITS, INCLUDING TREE REMOVAL PERMITS, ARE
SECURED BY THE CITY OF VERO BEACH.
CHAIRMAN SIEBERT FELT IT SHOULD BE MADE CLEAR THAT THIS IN
NO WAY SETS A PRECEDENT, AND COMMISSIONER LYONS FELT THIS RELATES
TO OUR JOINT EFFORTS RE DRAINAGE OF THE ROCKRIDGE AREA,
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
ATTORNEY RICHARD BOGOSIAN CAME BEFORE THE BOARD REPRESENT-
ING THE OWNERS OF SU -BENE MOBILE HOME PARK AS EXPLAINED IN THE FOLLOW-
ING LETTERS:
RICHARD F. BOGOSIAN
ATTORNEY AT LAW
1418 TWENTY-FIRST STREET
VERO BEACH, FLORIDA 32960
December 11, 1979
The Board of County Commissioners
Indian River County Courthouse
Vero Beach, Florida 32960
Re: Su -Rene Mobile Home Park and surrounding drainage
Dear Commissioners:
I represent Mr. and Mrs. Henry Donatelli who own the
Su -Rene Mobile Home Park located at the corner of Old
Dixie Highway and 8th Street. As you may recall, there
is a swampy drainage pattern which runs South along the
Mathis Engineering property through the Su -Rene Mobile
Home Park, across 8th Street into Pan American Engineer-
ing property and South from that point. This area has
been a drainage problem for many years and as the area
continues to be developed, the drainage situation worsens.
At the present time, Su -Rene Mobile Home Park -has a canal
which runs through the center of the park to a culvert
which passes under 8th Street and into the Pan American
Engineering property. In years past, the water in the
canal would eventually drop to a low level and would
never flood into the park. Within the past year or two
the level of water in the canal remains at the top and
from time to time the park is flooded.
With the cooperation of several property owners in that
area, a temporary solution to the problem has been pro-
posed -and they have asked me to present this solution to
the Board. Itis proposed that the property owners attach•
a pump to the culvert on the North side of 8th Street and
that the water be pumped through the culvert onto the Pan
American Engineering property. This will reduce the accum-
ulation of the water in the entire area North of 8th
Street and will certainly alleviate the flooding at least
temporarily until a long range solution can be found.
Obviously, we need permission from Pan American,Engineer-
ing to do this and we have consulted with Buzz Stevens
and he has no objection to the pumping of the drainage
onto the Pan American Engineering property. In that
connection, I enclose a letter which authorizes the pumping
and relieves the County of any liability in that connection.
soot 42 FAA,35
JAN 91980 19 s J
� J
_I
JAN 91980 B00z 42 -FAcF 436
The total cost of installing the pump, maintaining it and..
any other expense connected with this proposal will be
born by the private individuals who are involved in that
area. There will be absolutely no expense to the County
other than perhaps inspecting the installation after it is
completed.
Therefore, we respectfully request that you evaluate the
situation and authorize -the installation of a pump onto
the county culvert at that location.
Very trulc�y% yours,
%_
Richard P. Bogo✓sian
PHONE (305) 569-0300
PAN
AMERICAN
ENGINEERING
COMPANY
501 _ —
T
BOX 877
VERO BEACH, FLORIDA 32960
December 18, 1979
The Board of County Cormissioners
Indian River County Courthouse
Vero Beach, Florida 32960
Re: Su -Rene Mobile Home Park and surrounding drainage
Dear Commissioners:
It is my understanding that Mr. Henry Donatelli and Mr. Mathis
will be contacting the Board through their attorney, Richard P.
Bogosian, regarding the drainage problems which exist.in the
referenced area. They will require permission to install a
pump on a county culvert which exists under 8th Avenue and
through which.drainage enters Pan American Engineering Company
property.
The purpose of this letter is to give the consent of my company
to the installation of a pump which will cause additional flood-
ing of the company property. The company has no objection to the
pumping of additional water onto our land and I hereby consent
to the same and agree to hold the county of Indian River harmless
from any and all claims caused by the flooding of my land and
I further agree to relieve Su -Rene Mobile Home Park and the
Mathis Company of any liability in that connection.
The company reserves the right, however, to terminate this
- consent by notice in writing to all of the parties concerned and
to require the removal of said pump after reasonable notice.
If you require any additional documents for this purpose, kindly
let me know.
Very truly yours,
_ Wellington (Buzz) Stevens II
President -
ATTORNEY BOGOSIAN NOTED THAT THE COUNTY OWNS THE CULVERT
UNDER THE ROAD AND THEY NEED PERMISSION TO PUMP THROUGH THIS CULVERT.
ADMINISTRATOR JENNINGS COMMENTED THAT THE CULVERT IS THERE
FOR WATER TO GO THROUGH ANYWAY, AND HE SAW NOTHING WRONG WITH THE
PROPOSAL BUT WOULD SUGGEST THAT THE COUNTY BE HELD HARMLESS.
MR. MATHIS EXPLAINED THAT THE PUMP WOULD BE AN 8,000 GALLON
PER MINUTE AUTOMATIC SELF-STARTING TYPE. HE STATED THAT HE HAS CON-
TACTED ALL THE LAND OWNERS AND CONTINUED THAT THERE IS NO ACTUAL EASE-
MENT THROUGH THERE FOR THE WATER: IT IS A NATURAL DITCH. THE WATER
ALWAYS HAS RUN TO THE SOUTH, AND EVERY PROPERTY OWNER DOWN THERE
WILL ASSUME RESPONSIBILITY FOR KEEPING HIS DITCH CLEAR AND OPEN.
ATTORNEY COLLINS FELT THAT THE APPROPRIATE COURSE OF ACTION
IS FOR THE BOARD TO APPROVE THE CONCE5T, AND THEN LET MR, ROGOSIAN
PREPARE AN AGREEMENT TO BE SIGNED BY ALL THE PROPERTY OWNERS INVOLVED
INDEMNIFYING THE COUNTY THAT THE VARIOUS PROPERTY OWNERS INVOLVED
WILL CONTINUE THE MAINTENANCE OF THE PUMP AND EASEMENT, ETC, HE
NOTED THAT PAN AMERICAN ENGINEERING MUST ALSO HOLD THE COUNTY HARMLESS.
ATTORNEY BOGOSIAN EXPRESSED CONCERN ABOUT MR, COLLINS'
DEFINITION OF ItALLTHE PROPERTY OWNERS INVOLVED, It AND ASKED IF HE
IS TALKING ABOUT ALL THE PROPERTY OWNERS NORTH OF THE PROPERTY.
ATTORNEY COLLINS FELT THEY WERE TALKING ABOUT THE OWNERS
TO THE SOUTH, AND MR, BOGOSIAN STATED THERE IS ONLY ONE OWNER -
PAN AMERICAN ENGINEERING. MR. DONATELLI, THE OWNER OF SU -BENE
MOBILE HOME PARK, OWNS RIGHT UP TO THE CULVERT,
COMMISSIONER WODTKE COMMENTED THAT MR. MATHIS HAD STATED
THAT EVERYONE WOULD KEEP THEIR DITCHES CLEAN, AND MR, MATHIS SAID
HE MEANT THOSE BETWEEN ETH STREET AND 12TH STREET.
ATTORNEY BOGOSIAN STATED THAT HE WOULD BE RELUCTANT TO
GET ANYONE INVOLVED OTHER THAN PAN AMERICAN AND THE DONATELLIS, WHO
ARE THE PROPERTY OWNERS ON EITHER SIDE OF THE CULVERT,
WILLIAM KOOLAGE, INTERESTED CITIZEN, POINTED OUT THAT
THIS PROPERTY ALWAYS WAS LOW AND STATED THE ONLY REASON HE WISHED
TO COMMENT WAS BECAUSE AT A PREVIOUS MEETING, THE BOARD HAD A
PROBLEM WITH A SUBDIVISION PROPOSED TO BE DEVELOPED ON LOW LAND.
JAN 91980
21
BOOK 4 ?ACE AI
J
JAN
91980
ecox
42 PAGE 438
HE FELT WHEN THE BOARD APPROVED PLATS,
THEY MUST CONTINUE
TO LOOK
CLOSELY AT THE LEVELS AND DRAINAGE.
CHAIRMAN SIEBERT INFORMED HIM THAT THE BOARD IS GIVING
CAREFUL CONSIDERATION TO ALL LOW LYING PROPERTY.
ATTORNEY BOGOSIAN POINTED OUT THAT THIS PARTICULAR MOBILE
HOME PARK HAD AN ENGINEER AND IS THE ONLY PLACE IN THE AREA WITH
PROPER DRAINAGE.
ATTORNEY COLLINS BROUGHT UP THE MATTER OF DEDICATED EASE-
MENTS AND FELT THIS MIGHT BE A GOOD TIME FOR THE COUNTY TO OBTAIN THEM,
ADMINISTRATOR JENNINGS POINTED OUT THAT WE ARE IN THE PRO-
CESS OF DOING A DRAINAGE STUDY, AND HE FELT WE SHOULD GET THE OVERALL
PICTURE WORKED OUT BEFORE ACQUIRING MORE EASEMENTS.
ASSISTANT ADMINISTRATOR NELSON AGREED, AND NOTED THAT IF
WE DID GET A DEDICATED EASEMENT IN THE MOBILE HOME PARK, WE WOULD
HAVE JUST ONE MORE DITCH TO WORRY ABOUT CLEANING.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY ACCEPTED THE CONCEPT OF PUMPING FROM
THE SU -BENE MOBILE HOME PARK AS OUTLINED IN ATTORNEY BOGOSIAN'S
LETTER OF DECEMBER 11, 1979, AND INSTRUCTED ATTORNEY BOGOSIAN TO
PREPARE THE NECESSARY PAPERS FOR APPROVAL AT THE NEXT MEETING.
ADMINISTRATOR .JENNINGS BROUGHT TO THE BOARDS ATTENTION
THE FOLLOWING LETTERS FROM MR. SWALLOWS OF THE .JOINT VENTURE AND
FROM THE DIVISION OF MARINE RESOURCES RE EFFLUENT DISCHARGES AND
SHELLFISH HARVESTING.
MP
SVERDRUP & PARCEL AND ASSOCIA -
Charles Swallows, P. E.
ANDBEINDORF
AND ASSOCIATES, INC.(A
(4887
JOINT VENTURE),Project
Suite 201
No. !t�
Gainesville, Florida 32601
November 29, 1979
Dear Mr. Swallows:
Mr. Richard Harvey
I1
Water ,u?lity Section
U.S. Environmental Protection Agency
345 Courtland Street, N.E.
Atlanta, GA 30308
SUBJECT: Indian River County 201 Facilities f
Plan Engineer's Job No. 4887
quality can be influenced by effluent outfalls.
EPA C120502010
Dear Richard;
In your meeting in Vero Beach last month to inspect the mosquito impound-
and Vero Beach for shellfish harvesting. t,,a da neve plans to consider reo-enlny
ment areas proposed for effluent discharge, a comment was madc that the
Florida Department of Natural Resources was planning to reopen the area of
the Indian River between Wabasso and Vero Beach for shellfish harvesting.
Your response was to the effect that If this area is planned for reopening
of shellfish harvesting then discharges to the Indian River in this area
would not be allowed.
In order to resolve this question, 1 requested that FDNR to clarify its
Intentions concerning the reopening of the shellfish harvesting areas in '
FAAA
the portion of the Indian River under consideration. The Shelifis!. d -
A
ministration for FDNR, Mr. William Whitfield, responded through the fetter
which is attached for your review. ,
Please provide your interpretation of this letter's impact on the proposed
mosquito impoundments and subsequent discharge into the Indian River. Your
prompt response to this request will be greatly appreciated.
Sincerely,
I
•
SVERDRUP & PARCEL AND ASSOCIATES, INC.
FOR THE JOINT VENTURE
0, (,401 W�.
Charles Swallows, P.E.
� • �:
s.atttan n( State
�j� . �W
of FloridaCkIL Rt: \�\
Anarn.y (lone. � '
GERALD A. LEWIS
Comlurolkr
��l g {�
�'q� �p j��7 NATURAL
D!LSC AR S TENT ®F 1-�A Jl i RAL RESOURCES
BILLGL'NIFR ---
Trea.ury
DOILECONNER
t .•tarttµinttM td Agricuhnrt
UR. ELTON J. f.IsscNn ANVER CBOT\�\ B1t11.U!\G / :OS WLbCNT vSRta:T / TALLAHASSEE 3:301
RALPH D.'rCRLINGTO.
i..wnct of WOW—
,,..uti•. DL.rtn
November 27, 1979
Charles Swallows, P. E.
SVERDRUP & PARCEL AND ASSOCIATE), INC.
2002 N.W. 13th Street
Suite 201
Gainesville, Florida 32601
Dear Mr. Swallows:
I1
The DNR Shellfish Sanitation Section sometimes reclassifies shellfish harvesting
areas after a comprehensive sanitary shoreline survey and Crater quality studies
are conducted. Part of the survey is to determine the location and sanitary
problems, if any, of effluent discharges in the areas under consideration. lie
prefer to avoid approving an area for shellfish harvesting where the water
quality can be influenced by effluent outfalls.
it To answer your questions: We do not have plans to reopen the area between Wabasso-
and Vero Beach for shellfish harvesting. t,,a da neve plans to consider reo-enlny
this area or a portion of this area for shellfish harvesting. ?de have begun our
preliminary sanitary shoreline survey.and water quality studies of the area but
we do not know how long it will take us.`
Sincerely,
Sverdrup u ParCCi u Assoc., inc. DI fSION OF MARINE RESOURCES
NOV .2 9 1979
42
(411fish
FAAA
Gainesville., f lorida900K
A
��Oo Administrator
J/1 91980
c`7 v Bureau of Marine Science and Technology
L_
JAN 91980
Baox 42 PAGE 440'
THE ADMINISTRATOR INFORMED THE BOARD THAT A MEETING HAS
BEEN CALLED RE THE 201 PLAN IN TALLAHASSEE TOMORROW MORNING AND ONE
OF THE QUESTIONS COMING UP IS WHETHER THE IMPOUNDMENTS ARE ELIGIBLE
FOR FUNDING. HE NOTED THAT MR. SWALLOWS WILL BE THERE REPRESENTING
INDIAN RIVER COUNTY AND WISHED TO KNOW IF THE BOARD WANTED TO HAVE
A BOARD MEMBER PRESENT.
CHAIRMAN SIEBERT QUESTIONED_WHETHER IT WOULD DO ANY GOOD,,
BUT COMMISSIONER WODTKE FELT THAT IT IS IMPORTANT THAT WE TRY TO
HAVE SOMEONE THERE EVEN THOUGH THEY MAY NOT HAVE A LOT OF INPUT.
COMMISSIONER LYONS STATED THAT HE WOULD LIKE TO GO BUT
COULD NOT. HE SUGGESTED THAT INTERGOVERNMENTAL COORDINATOR THOMAS
GO IN HIS STEAD EVEN THOUGH IT IS VERY SHORT NOTICE.
THE BOARD EXPRESSED CONCERN ABOUT THE SHORT NOTICE, AND
COMMISSIONER Loy INQUIRED IF WE COULD ASK FOR A POSTPONEMENT. COM-
MISSIONER WODTKE OFFERED TO TALK TO MR. SWALLOWS ON THE TELEPHONE,
BEFORE A DECISION IS MADE.
PROPERTY APPRAISER BILL LAW CAME BEFORE THE BOARD AND
PRESENTED THEM WITH THE FOLLOWING PACKET OF MATERIAL, WHICH CONTAINS
A LETTER ADDRESSED TO HIM FROM RANDY MILLER, EXECUTIVE DIRECTOR OF
THE STATE OF FLORIDA DEPARTMENT OF REVENUE, INFORMING HIM THAT
DEFECTS EXIST WITHIN THE 1979 REAL PROPERTY ASSESSMENT ROLL:
ALACHU. ,
BAKER.
B 'Y
BRADrO RD
BF.EVt��,U
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79.7
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73.2
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• 88.4
88.7
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58.5
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30 1979
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Ncnr,ber County _ APPS N;nr,ber County raiser 3G J u�r
^2
1 Alachua J. P. Smith 34 Lafayette G. W. flicks .?'�--� G4
2 o Josie Davis 35 LakeEd Havi11 3
r I ; r \
Gerald Conrad 36 Lee I, rr,�y School ry ro + ' ) 1_. 53�'
'1 i3 rad ford 'J- Alvarcz 37 Lron John Brown
Drevard Clark: Maxwell 3t3 Levy Glllc)h'1: Bell --•-J` � i ro
6 3ro,•ard Bill f•larkhalrr 39
Liberty lJi 1 iFord Dcason C,1
7 Calhoun F. Stone 40 Madison Wilbur RutherFord
3 Charlotte Oliver Lovre 41 Manatee Archie Powell 7-3 �
9 Citrus Charles Allen r
42 Mari an Charles Fleming. ;2 23 J3
10 Cll Mickey Murray 43 Idartin AuOie Malfrcgeor
l2 Coliicr Sam Golding 114 Monroe R. V. Higgs — — -L _.
13 Col' Sam
Theo. Kirby 45 Nassau Fddic iicf:endt^ee �I 1 ?,�� '
i3 D J
de A] Drake 46 Okaloosa Howard Hilburn � ze
lir DeSoto Margaret McAnlcy 47 Okeechobee Bill Sherman �—�
15 Dixie Hal Chewning 48 0ra11g Ford flausrtan Ja I 14
16 Duval Bob Mallard 49 Osceola Cranny Lackey r° G i 22
17 Lsc4„bia John R. Jones 50 Palm Beach Dave Reid >�
18 F1 Dler John Seay fl. Pasco Ted Williams 3G I so
i9 Franr,lin John Jarres 52 Pinellas Ronald Schultz
20 Gadsden DeVane Mason- 53 Polk Jim Roden
21 Gilchrist Ray Harrison. 54 Putnam Ed Brooks
22. Glades J. C. Sealey 55 St, J:.hns Harold Wayne
23 Sul;` Sam Patrick 56 St. Lucie Jim Baso -
24
Ha;-,iIton Ken Tuten 57 • Santa Rosa Bubba Fisher
25 Hardee Reid Stewart 58 Sarasota John Mikos /
26 r.t.ndry Dale Small 59 Semi roil e Terry Goembcl 13
27 Hernanlo Les Samples GO Suu;ter Ronnie Hawkins '
23 Hir!,larids Billie tlartin 61 Suwanec ferry Jenkins
29 Hill ;,,orough Bob lJalden G2 Taylor l'I(Ion Sadler 67 .Washington Roland 'e;alsing`•— r1j�
30 1',olr.res Hc„ard
Strickland 63 Union Wi 1 fn -d Croft
31 I;;dian River Bill Law r
6► VolVolusia Jim Bailey.
32 Jackson Herb
33 J, S Lockey 65F:al•ulla � Er.b•uett !'r_rrell . .
• f .rson Steve Walker 66 I;a.}Lon Hubert Ai;kinson
J
1
C
AN ANALYSIS OF THE 1979 IN-DEPTH STUDY IN
INDIAN RIVER COUNTY
Overview
The purpose of this study is to determine certain
statistical characteristics of the 1979 Indian River County real
property assessment roll by studying a stratified random sample of
real property parcels selected largely from the 1978 Indian River
County real property assessment roll. The 1978 roll was stratified
by use codes and, in some cases, values. Samples were randomly
selected from each stratum of sufficient size to yield reliable
statistical results.
A determination of full just value for each parcel was made in
accordance with §193.011, F.S. During this procedure, any parcels
encountered which were split from or combined with other parcels
during calendar year 1978, were excluded from the study sample.
With the publication of the 1979 real property assessment roll, a
complete list of split and combination parcels was randomly sampled
from to bridge from the 1978 roll to the 1979 roll.
Next, the 1979 assessed value for each sample parcel was
picked up from the assessment roll in Indian River County. After a
careful review process by Department staff in Tallahassee and in
the field and by the Indian River County Property Appraiser's
staff, final statistics were computed. The results are those after
application of the eighth criterion of §193.011, F.S.
Stratum
02
03
04
05
06
07
ALL
S'T'ATISTICAL SUMMARY
(79.4-92.3) (76.6-83..8)
General
Equity Value Rel.
as Est./ Equity
Coeff. as Est./
-of Var. by P/R/D
# Samples 1 Population
45.9
L.O.A.
L.O.A.
as Esta/
as Est./ L.Q.A.
Simple
Weighted as Est./
Mean
Mean Median
95% Confidence Intervals
91.9%
80.7% 88.1%
(81.4-102.3)
(64.6-96.7)
84.4%
84.3% 82.1%
(79.6-89.2)
(76.7-91.9)
81.5%
74.5% 83.7%
(76.5-86.5)
(62.7-86.4)
91.6%
81.2% 79.5%
(76.0-107.2)
(77.2-85.1)
90.2%
87.9% 91.3%
(84.9-95.5)
(81.0-94.7)
75.6%
72.4% 81.6%
(69.7-81.4)
(66.0-78.8)
85.8%
80.2% --
(79.4-92.3) (76.6-83..8)
General
Equity Value Rel.
as Est./ Equity
Coeff. as Est./
-of Var. by P/R/D
# Samples 1 Population
45.9
113.9
63
2,189
.1967
100.2
46
290
35.7
109.4
131
25,378
85.3
112.9
97
18,024
22.6
102.6
56
1,001
28.3
104.4
.51
1,094
38.7
107.0
444
47,976
wK 42 Qac€ 443
r
JAN 91980 aooK 42 PAGE 444
Indian River County
INTERPRETATION
Stratum 1'r1: Institutional, Governmental and Miscellaneous
C_ Real Property Parcels. (70-98)
No appraisals were performed in this stratum.
C
Stratum #2: All Agricultural Parcels (50-69)
The average parcel is assessed at 91.9% of full assessed
value as prescribed by Section 193.461, F.S. The average dollar
of assessed value is at 80.7. The median ratio is 88.1%. The
coefficient of variation is 45.9. This indicates that there is
a moderate general equity problem. The price related differential
is 113.9. This indicates that there is a significant value -related
equity problem. That means the higher value parcels tend to be
assessed at a lower level than average value parcels.
Stratum #3: Parcels Assessed At $200,000 Or Over.
The average parcel is assessed at 84.4%. The average dollar
of assessed value is at 84.3%. The median ratio is 82.1%. The
coefficient of variation is 19.7. This indicates no significant
general equity problem. The price related differential is 100.2,
this indicates that there is no significant value -related equity
problem.
Stratum 7#4: Vacant Land Parcels (00, 10, 40, 99)
The average parcel is assessed at 81.5%. The average dollar
of assessed value is -at 74.5%. The median ratio is 83.7%. The
coefficient of variation is 35.7. This indicates that there is
a mild general equity problem. The price related differential
is 109.4, this indicates there is no signi.ficant.value-related
equity problem.
Stratum #5: Improved Residential Parcels (01-09)
The average parcel is assessed at 91.6%.- The average dollar
of assessed value is at 81.2%. The median ratio is 79.5%. The
coefficient of variation is 85.3. This indicates that there is
way serious general equity problem. The price related differential
112.9, this indicates there is a significant value -related equity
problem. That means the higher value parcels tend to be assessed
at a lower level than average value parcels..
Stratum 476: Improved Commercial and Industrial Parcels (11-39, 41-49)
The average parcel is assessed at 90.2%. The average dollar
of assessed value is at 87.9%. The median ratio is 91.3%. The
coefficient of variation is 22.6. This indicated that there is
a very mild general equity problem. The price related differential
is 102.6, this indicates that there is no significant value -related
equity problem.
Stratum #7: DSC Parcels
The average parcel is assessed
of assessed value is at 72.4%. The
coefficient of variation is 28.3.
a mild general equity problem. The
is 107.0, this indicates that there
related equity problem.
0
at 75.6%. The average dollar
median ratio is 81.6%. The
This indicates that there is
price related differential
is no significant value -
C'
Indian River County
overall:
The average parcel is on this roll at 85.8% of just
value. The average dollar of assessed value is on this roll at
a rate of 80.2%. The overall coefficient of variation is 38.7,
this indicates that there is a moderate general equity problem
in this roll. The overall price related differential is 107.0.
This indicates that there is no significant value -related equity
problem other than that indicated for individual strata above.
JAN 91980 Boax A2 FnF445
F_
t
JAN 91080
RANDY MILLER
E%EcunvE DiR£cTOR
STATE OF FLORIDA
TWLLAiIASSEE, 32304
November 30, 1979
Honorable Billy Law
Indian River County Property Appraiser
Post Office Box 580
Vero Beach, Florida 32960
Dear Mr. Law:
600K
42 PAcE 446
Pursuant to the duties and responsibilities imposed upon me by
Section 195.097, F.S., and other laws and rules pertaining to ad valorem tax
administration, notice is hereby given that defects exist within the 1979 real
property assessment roll of your county.
The defects noted below were found to exist upon consideration of
all available information.. The proble::s are noted by property class.
PROPERTY CLASS:
NATURE OF DEFECT:
Agricultural Parcels
Assessments do not reflect full and just value as re-
quired by Article VII, Section 4, Florida Constitution,
and Sections 193.011, 195.0012, F.S. Assessments do not
reflect the degree of uniformity required under Section
195.0012, F.S.
SOL`1:CE: An in-depth study of this class of property resulted in a
weighted mean of SG..7°o, indicating a level of assessment
less than just value. The study also indicated a general
equity problem with a tendency toward assessments of
higher priced parcels at a lower.percent of value than.
medium or lower priced parcels of this class. This ten-
dency was reflected by a price related differential of
113.9.
COP.RECTIVE ACTION
RECO11MNDED: Analyze appropriate data including soil type, land use,
income and expense information and other current condi-
tions to insure uniform classified use values for agri-
cultural properties in your county in accordance with
Section 193.461, F.S.
PROPERTY CLASS: Parcels assessed at S200,000 or over
NATURE OF DEFECT: Assessments do not reflect full and just value as re-
quired by Article VII, Section 4, Florida Constitution,
and Sections 193.011, 195.0012, F.S.
AN EQUAL OPPORTUNITY EMPLOYER
Honorable Billy Law
Page Two
- -
SOURCE:
An in-depth study of this class of property resulted in a
weighted mean of 84.3,, indicating a level of assessment
less than just value.
CORRECTIVE ACTION
RECOMENDED:
Establish or update current land sales files and analyze
appropriate market data to secure a basis for just valua-
tion for vacant land, as well as land values for improved
parcels in your county. Determine local cost index by
using 1979 construction cost in your-county. Apply this
index to current base rate to determine the proper ad-
justed base rate to be used in the cost approach. De-
preciation should be properly applied by analyzing cur-
rent condition of existing improved properties. Analyze
current market data and apply this data properly to
eliminate inequities that might occur between various
categories of existing improved properties. Apply ap-
propriate appraisal techniques to correlate cost and
market approaches, and income approach where applicable,
to arrive at just value for all parcels in your county.
PROPERTY CLASS:
Vacant Land Parcels
NATURE OF DEFECT:
Assessments do not reflect full and just _value as re-
quired by Article VII, Section 4, Florida Constitution,
and Sections 193.011, 195.0012, F.S. Assessments do not
reflect the degree of uniformity required under Section
195.00122 F.S.
SOURCE:
An in-depth study of this class of property resulted in a
weighted mean of 74.5°x, indicating a level of assessment
less than just value. The study also indicated a general
equity problem as reflected by the coefficient of vari-
ation of 35.7.
CORRECTIVE ACTION
RECOI,kIENDED: Establish or update current land sales files and analyze
appropriate market data to secure a basis for just valua-
tion for vacant land, as well as land values for improved
parcels in your county.
PROPERTY CLASS: Improved Residential Parcels
NATURE OF DEFECT: Assessments do not reflect full and just value as re-
quired by Article VII, Section 4, Florida Constitution,
and Sections 193.011, 195.0012, F.S. Assessments do not
reflect the degree of uniformity required under Section
195.0012, F.S.
L_
aoo 2 �w,-447
F_
r
Honorable Billy Law
Page Three
9001( 42. PAGE 448
SOURCE: An in-depth study of this class of property resulted in a
weighted mean of 31.2%, indicating a level of assessment
less than just value. The study also indicated a general
equity problem with a tendency toward assessments of
higher priced parcels at a lower percent of value than
medium or lower priced parcels of this class. This ten-
dency was reflected by a price related differential of
112.9.
CORRECTIVE ACTION
RECO:MNDED: Determine local cost index by using 1979 construction
cost in your county. Apply this index to current base
rate.to determine the proper adjusted base rate to be
used in the cost.approach. Depreciation should be prop-
erly applied by analyzing current condition of existing
improved properties. Analyze current market data and
apply this data properly to eliminate inequities that
might occur between various categories of existing im-
proved properties. Apply appropriate appraisal tech-
niques to correlate cost and market approaches, .and
income approach where applicable, to arrive at just value
for all parcels in your county.
PROPERTY CLASS: ,roved Commercial_ a_' Industrial Parcels
NATURE OF DEFECT: Assessments do not reflect full and just value as re-
quired by Article VII, Section 4, Florida Constitution,
and Sections 193.011, 195.0012, F.S.
SOURCE: An in-depth study of this class of property resulted in a
weighted mean of 87.91,, indicating a level of assessment
less than just value.
CORRECTIVE ACTION
RECO?iMENDED: Determine local cost index by using 1979 construction
cost in your county. Apply this index to current base
rate to determine the proper adjusted base rate to be
used in the cost approach. Depreciation should be prop-
erly applied by analyzing current condition of existing
improved properties. Analyze current market data and
apply this data properly to eliminate inequities that
might occur between -various categories of existing im-
proved properties. Apply appropriate appraisal tech-
niques to correlate cost and market approaches, and
income approach where applicable, to arrive at just value
for all parcels in your county_
Honorable Billy Law
Page Four
You are reminded of the provisions of Section 195.097(2), F.S.,
which requires that you reply within 15 days after receipt of this notice as
to your intentions to correct the defects or -request an immediate conference.
If a conference is requested you may, of course, bring staff, counsel and any
information which you feel will be helpful in resolving or clarifying your
objections to the requirements of this notice. Contingent, of course, upon
the results of the conference, if one is requested, I intend to issue an
administrative order regarding corrective action to remedy the defects.
Sincerely,
Randy Mil er
Executive Director
RM/RP/tb
E
JAN 9 980 �E1�1(-PAGE,449
pr -
JAN 9190
VALUE PARCEL
RANGE CONT
HONESTEAC ANALYSIS
ASSESSED OLD
VALUE TAXAHLE
0-25.000
5,,789
95,886,590
25,001-30,000
1#474
400,4360160
30,001-35,,000
1,187
3er534,010
35,001-40,000
848
31,,604,380
40,001-45,000
488
20,632,010
45,001-50,000
507
23,,994,950
OVER 50,000
1,983
161,245,580
sooK 42 PAGE 454
AEY+ NEI
TAXAELE LOS:
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4
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W110
CFA
BILL C. LAW, C. F.A.
PROPERTY APPRAISER
INDIAN RIVER COUNTY
P.O. BOX 580
VERO BEACH. FLORIDA 32960
January 7, 1980
"WHERE
THE TROPICS
BEGIN'
During the last several years and particularly for the past 3 or 4 years,
the Property Appraisers who must value property, including residences, for tax
purposes have seen an incredible increase in sales prices throughout the State.
the increases in sales prices have exceeded the rate of inflation, and there
appears to be no end in sight.
History has proven over and over that as assessments go up, taxes go up,
and we believe that Florida citizens who are faced with ever=increasing living
costs, including medicine, electricity, fuel, food and clothing have stretched
their pocketbooks to the limit. Realizing this state of affairs and deeply
disappointed in.the recent Legislature's failure to enact any meaningful tax
relief, we believe that it is time to act. We had pledged prior to the
Special Session that we would work with the Legislature to achieve tax relief,
but all of you know that nothing was done. Zero Relief.
Governor Graham has stated that in 1980 he intends to enforce the law
requiring 100% assessments. Property Appraisers have no choice but to comply.
It is their constitutional duty. But taxing limits which are presently in
effect will expire and will not provide protection for taxpayers in 1980.
With this in mind, Appraisers feel obligated to.initiate.a positive
method of slowing down government spending by reducing the amount of taxes
that can be imposed on the property of Florida citizens.
'Wn"°��MEMBER
AIM ops
1 AG.13 INTERNATIONAL ASSOCIATION OF ASSESSING OFFICERS
iHl0Ir MP
JAN 91980
LAK" PAGE
JAN 91980 BOOK wE45Z
Page 2
First, we will propose that property be valued for tax purposes at 1/2
of the present constitutional standard and requirements of law. All property
owners will be treated equally. Uniformity can and will be achieved but not
at 100%, which would unduly burden our citizens.
Second, we will propose a constitutional amendment to restrict local
government tax collections to no more than 5% over collections in the prior
year, unless the voters, by referendum, approve higher taxes. The choice
will be with the people.
We anticipate that our petition will be in final form in the next few
weeks and the campaign to secure signatures will begin in January.
We call on all Floridians to help us help them.
THE PROPERTY APPRAISERS ASSOCIATION OF FLORIDA, INC.
MR. LAW DISCUSSED THE TABLE -OF "WEIGHTED MEANS," NOTING
THAT THERE ARE TWO COUNTIES IN THE 50% BRACKET, 6 AT 60%, 33 AT 7n%,
23 AT SO%, (WHICH INCLUDES INDIAN RIVER COUNTY), ONE AT 90% AND
ONE AT 100%. HE STATED THAT FOR THE PAST TWO YEARS HE HAS BEEN WORK-
ING WITH THE COUNTY ROLL TRYING TO GET IT TO WHAT HE HOPED WOULDBE
AN ACCEPTABLE LEVEL FOR THE D.O.R., BUT THEY NOW HAVE CHANGED THE
RULES OF THE GAME AND BY USING THE "WEIIGHTED MEAN" FOR EACH STRATA
OF CATEGORY, HAVE DRAGGED DOWN OUR PERCENTAGE OF ASSESSMENT. HE
INFORMED THE BOARD THAT THEY HAVE INDICATED A NEED FOR CORRECTIVE
ACTION, AND IT ALL BOILS DOWN TO A COMPLETE RE-EVALUATION OF THE
ENTIRE COUNTY.
PROPERTY APPRAISER LAW INFORMED THE BOARD THAT IT NOW IS
A STATEWIDE ORDER FOR ALL COUNTIES TO BE AT FULL ASSESSMENT LEVEL
THIS COMING YEAR. THIS PRESENTS THE PROPERTY APPRAISER WITH AN
ALMOST IMPOSSIBLE TASK BECAUSE IT WILL REQUIRE DOING THE EQUIVALENT
OF AT LEAST 18 MONTHS' WORK IN A PERIOD OF SIX MONTHS IN ORDER TO
MAKE THE .JULY IST DEADLINE FOR THE ROLL. MR. LAW COMMENTED THAT THE
D.O.R. APPARENTLY IS VERY SINCERE ABOUT THIS ORDER AND ALREADY HAS
MADE CHANGES IN THEIR DEPARTMENT WHICH INDICATE THEY ARE GEARING UP
FOR THE SUIT THEY HAVE THREATENED AGAINST THE PROPERTY APPRAISERS
AND THE COUNTIES IF THE ROLLS ARE NOT BROUGHT UP TO THEIR STANDARDS.
MR. LAW THEN DISPUTED THE D.O.R.'S APPROACH AND INTERPRE-
TATION OF WHAT IS FULL JUST VALUE AND ALSO HOW THEY ESTABLISH THEIR
"MARKET VALUE." HE DISCUSSED THE SPIRALING INCREASES IN SALES
PRICES OF PROPERTIES IN THE COUNTY, GIVING EXAMPLES OF INCREASES
IN ONE YEAR'S TIME OF 24%, 44%, 66%, AND EVEN 114%. ALTHOUGH IT IS
OBVIOUS THAT PROPERTY VALUES ARE INCREASING, MR, LAW FELT THE D.O.R.
IS WRONG IN NOT QUALIFYING THE SALES AND THAT SALES SUCH AS THOSE
ABOVE DO NOT ESTABLISH A TRUE MARKET. HE NOTED THAT IF WE ARE RE-
QUIRED TO GO TO 100%, THESE ARE THE TYPE INCREASES WITH WHICH WE
ARE FACED.
THE PROPERTY APPRAISER THEN WENT ON TO REVIEW THE POSSI-
BILITIES DISCUSSED AT THE MEETING OF THE STATE PROPERTY APPRAISERS
ASSOCIATION, WHICH INCLUDED CHALLENGING THE ERRORS IN THE D.O.P.'S
42 4:53
JAN 91990
37 flox
JAN 91980 enoK 4Z m'V 454
IN-DEPTH STUDY TO GET IT THROWN OUT. IT WAS GENERALLY AGREED IF THIS
COULD BE ACCOMPLISHED, THE D.O.R. SIMPLY WOULD STATE THAT IF YOU ARE
NOT AT FULL VALUE, YOU WILL NOT BE APPROVED, AND MR. LAW EXPRESSED
CONCERN THAT THE SMALLER COUNTIES WOULD BE THE ONES TO SUFFER BECAUSE
IT IS EASIER FOR THE D.O.R. TO GO INTO THE SMALLER COUNTIES.
MR. LAW NEXT DISCUSSED THE ALTERNATIVE FOR RE-EVALUATING
AND MEETING THE DEADLINE BY CONTRACTING THE WORK WITH MASS APPRAISAL
EXPERTS, WHICH HE ESTIMATED WOULD COST AROUND $300,000. HE INFORMED
THE BOARD THAT HE HAS ARGUED WITH THE D.O.R. THAT HE DOES NOT HAVE
THE MONEY FOR THIS BECAUSE THEY HAVE CUT HIS BUDGET TO THE BONE, BUT
THEIR ANSWER IS THAT THEY WILL LOAN HIM THE MONEY NECESSARY: THEIR
REPAYMENT CLAUSE, HOWEVER, IS THREE YEARS. THE PROPERTY APPRAISER
NOTED THAT BY LAW IF HE DOES NOT HAVE HIS ROLL FINISHED BY .JANUARY OF
THE NEXT YEAR, HE HAS TO GIVE THE TAX COLLECTOR A TRUE COPY OF THE
PRECEDING ROLL AND PEOPLE CAN PAY ON THAT BASIS, BUT THE TAX COLLECTOR
CANNOT DISBURSE THIS MONEY TO ANY OF THE GOVERNING BODIES, MR. LAW
FELT THEY HAVE CONSIDERED EVERY ANGLE, BUT IT SEEMS THAT THE D.O.R.
IS IN CONTROL AND WE HAVE TO DO WHAT THEY ARE ORDERING. HE NOTED
THAT HE HAS A CONFERENCE WITH THE D.O.R. SCHEDULED FOR THURSDAY,
JANUARY 17TH, AT WHICH TIME HE IS TO DISCUSS THE LETTER OF DEFECT AND
HIS INTENTION OF WHAT HE WILL BE DOING TO COMPLY. THE D.O.R. THEN
WILL ISSUE AN ADMINISTRATIVE ORDER, AND WHEN THIS IS DONE. HE HAS TO
TAKE ACTION.
MR. LAW REPORTED THAT THE PROPERTY APPRAISERS AT THEIR
MEETING IN TAMPA AGREED THAT SOMETHING HAS TO BE DONE ABOUT THE EVER
INCREASING PROPERTY VALUES AND REASSESSING EVERY YEAR, AND THEY
FURTHER FELT THAT WE ALL FEEL THE INFLATIONARY CRUNCH ON OUR POCKET-
BOOKS ENOUGH WITHOUT BEING OVERBURDENED MORE BY TAXING. THE ASSOCIA-
TION, THEREFORE, IS NOW INITIATING A PETITION ASKING FOR A CONSTITU-
TIONAL AMENDMENT THAT WILL CHANGE THE STANDARD OF ASSESSMENT TO ONE-
HALF OF ITS EXISTING FULL JUST VALUE FOR ASSESSMENT PURPOSES, AND
SECONDLY ARE ASKING THAT A LAW BE PASSED LIMITING LOCAL GOVERNMENTS
TO A 5% CAP INCREASE ON TAX DOLLARS OVER THE PREVIOUS YEAR. THEY
ARE TRYING TO GET THIS ON THE NOVEMBER BALLOT.
COMMISSIONER LYONS STATED THAT HE PERSONALLY RESENTS THE
PROPERTY APPRAISERS AND THE LEGISLATURE SETTING CAPS ON THE AMOUNT
OF M)NEY THE COUNTY COMMISSION CAN SPEND. HE POINTED OUT THAT THE
PEOPLE ELECTED THE COUNTY COMMISSIONERS TO LEVY THE TAXES, NOT THE
PROPERTY APPRAISER, AND IT WOULDN'T MAKE ANY DIFFERENCE -IF THE
ASSESSMENTS WERE 150% IF THE COUNTY COMMISSION DID ITS JOB SETTING ITS
MILLAGE TO TAKE CARE OF THE EXPENSES TO RUN THE COUNTY. THE COMMIS—
SIONER CONTINUED THAT A 5% CAP IS UNREALISTIC; IT ALL DEPENDS ON IN—
FLATION AND THE REQUIREMENTS FOR RUNNING THE COUNTY. HE STATED THAT
HE SEES RED WHEN HE SEES ALL THESE ASSOCIATIONS TRYING TO SAVE THE
PEOPLE FROM THE COUNTY COMMISSION.
CHAIRMAN SIEBERT COMMENTED THAT IT DOESN'T MATTER IF THE
ASSESSMENT IS AT 150% IF ALL COUNTIES ARE AT 150%. HE AGREED THAT
IT DOESN`T TAKE A CRYSTAL BALL TO SEE THAT A 5% CAP IS TOTALLY UN—
REALISTIC.
COMMISSIONER WODTKE NOTED THAT A 5% CAP IS FINE IF THE
LEGISLATURE WILL ASSURE US WE WILL RECEIVE THE DOLLARS WE GOT LAST
YEAR AND 5% MORE, BUT OUR GASOLINE MONEY IS DOWN AND WHAT HAPPENS
WHEN THE REVENUE SHARING GOES? HE FELT VERY STRONGLY THAT THERE IS
NO WAY YOU CAN ARRIVE AT 100% ASSESSMENT, AND IN FURTHER DISCUSSION,
IT WAS NOTED THAT THE ONLY WAY TO ARRIVE AT 100% IS TO ASSESS SOME
OVER 100%.
MR. LAW AGREED THAT IS WHY IT IS SO DIFFICULT TO ACHIEVE
100%. HE FELT WHAT THE BOARD IS SAYING HAS A LOT OF BEARING, BUT
POINTED OUT THAT ALTHOUGH.HE INCREASED THE ROLL 30%, THE MILLAGE
STAYED THE SAME, AND SOMEWHERE ALONG THE LINE, SOMETHING HAS TO BE
DONE.
COMMISSIONER LYONS REITERATED THAT MR. LAW WAS HIRED TO
EVALUATE THE PROPERTY AND SHOULD KEEP OUT OF THE COMMISSION'S
BUSINESS. HE FELT THE ANALYZING IS DONE IN THE BOARDS BUDGET
SESSIONS.
COMMISSIONER LOY NOTED THAT MR. LAW HAS HIS ASSESSMENT
METHOD, AND THE STATE HAS THEIR 11WEIGHTED 11 METHOD AND ASKED IF HE
WENT THROUGH A RE—EVALUATION WHAT GUIDELINES HE WOULD FOLLOW TO BE
SURE THAT WE DO COME OUT AT 100%.
JAN 91980
39 oa�c . pwoE P§�
JAN 91900
6009 -42 PAGE 456
MR. LAW FELT HE WOULD HAVE TO FOLLOW THE D.O.R.
GUIDELINES VERY CLOSELY,
COMMISSIONER LOY ASKED IF THE D.O.R. WILL GUARANTEE THAT
IF YOU GO BY THEIR GUIDELINES, YOU WILL BE AT 100% AND WILL GET AN
APPROVED ROLL, AND MR. LAW STATED HYPOTHETICALLY YES.
CHAIRMAN SIEBERT WAS OF THE OPINION THAT SOME COUNTIES WILL
FOLLOW THESE. GUIDELINES AND SOME WON T, AND WE AGAIN WILL COME OUT
HIGHER AND OUR TAXPAYERS WILL SUFFER.
MR. LAW COMMENTED THAT SOME OF THE LARGE COUNTIES, WHICH
ARE FULLY AUTOMATED AND CAN JUST PLUG THESE FIGURES IN, ARE GOING
AHEAD FULL SPEED WITH THE RE-EVALUATION. HE FELT THERE IS TOO MUCH
GOING ON, AND PROPERTY APPRAISERS ARE SAYING IF I DO IT, EVERYONE
ELSE IS GOING TO HAVE TO DO IT, OR I WILL SUE.
COMMISSIONER LYONS ASKED WHETHER IT MIGHT BE TO OUR ADVANTAGE TO
HAVE A HIGHER EVALUATION, ASSUMING THAT IF WE DO HAVE A HIGHER VALUA-
TION THAN OTHER COUNTIES, WE WOULD GET A HIGHER PERCENTAGE OF REVENUE
SHARING WHICH MIGHT HELP US REDUCE OUR TOTAL TAX BURDEN.
COORDINATOR THOMAS STATED THAT IT WOULD NOT NECESSARILY
HELP BECAUSE IT WOULD HAVE A REVERSE AFFECT ON THE SCHOOL SYSTEM
WHICH GETS LESS AS THE VALUATION GOES UP. HE FURTHER NOTED THAT
ONE OF OUR BIGGEST SOURCES OF REVENUE COMES FROM GAS TAXES WHICH
ARE BASED, NOT ON PRICE, BUT ON GALLONS OF GAS; SO, IT WOULD HAVE
NO AFFECT ON THAT. IT WOULD, HOWEVER, PUT THE FEDERAL AND STATE
REVENUE SHARING UPWARD.
COMMISSIONER WODTKE INFORMED THE BOARD THAT OUR LEGISLA-
TIVE DELEGATION IS GOING TO BE IN THE COUNTY NEXT MONDAY AT CITY HALL
AT 9:00 A.M., AND HE URGED THAT THE BOARD MEMBERS AND MR. LAW ATTEND
THEIR MEETING BECAUSE HE FELT THE LEGISLATURE IS GOING TO HAVE TO
TAKE A CLOSE LOOK AT THIS WHOLE SITUATION. HE CONTINUED THAT WITH
THE PROCESS MR. LAW HAS GONE THROUGH THESE LAST YEARS, HE COULD NOT
SEE GOING THROUGH THIS AGAIN AND WOULD CERTAINLY LIKE TO SUPPORT
MR. LAWS POSITION ABOUT RE-EVALUATION.
40
ATTORNEY COLLINS ASKED IF MR..LAW WOULD LIKE TO -HAVE ANY
COMPANY ON HIS TRIP TQ TALLAHASSEE TO ANSWER THE LETTER OF DEFECT,
AND MR. LAW STATED THAT HE WOULD BE GLAD OF IT.
COMMISSIONER LOY ASKED -IF SHE WAS CORRECT IN ASSUMING
THAT MR, LAWS COMPUTER DOES NOT HAVE THE CAPABILITY OF -TAKING THE
PRESENT FIGURES AND PLUGGING IN THE NEW REQUIREMENTS, AND MR LAW
EXPLAINED THAT HIS SYSTEM IS NOT LARGE ENOUGH TO KEEP THE ENTIRE
INFORMATION NECESSARY ON RECORD. HE FELT THE DIRECTION THINGS ARE
GOING IS THAT THIS IS GOING TO BE AN ANNUAL RE-EVALUATION.
NEWSMAN PHIL LONG ASKED HOW YOU CAN DETERMINE WHAT 50%
IS IF YOU CAN'T DETERMINE 100%.
MR. LAW EXPLAINED THAT IT IS EASIER TO MAINTAIN A LEVEL
THAN DEFINE IT, AND THEY WANT TO CHANGE THE DEFINITION OF 100%. HE
NOTED THAT YOU CAN USE 50%-52%-49%, ETC., AND AVERAGE TO 50%, BUT
IT IS DIFFICULT TO GO OUT AND ASSESS SOMEONE FOR 105% OF HIS.PROPERTY.
50% MAY NOT BE ANY MORE ACCURATE, BUT IT IS EASIER TO ADMINISTER.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED OUT -OF -COUNTY TRAVEL FOR ANY
COMMISSIONER AND ATTORNEY COLLINS TO ACCOMPANY PROPERTY APPRAISER
LAW TO TALLAHASSEE ON JANUARY 17TH TO MEET WITH THE D.C.R.
COMMISSIONER WODTKE REPORTED ON THE STATUS OF CIVIL DEFENSE
DIRECTOR LEE NUZIE, WHO SUBMITTED A LETTER OF RESIGNATION SEVERAL
MONTHS AGO. HE EXPRESSED CONCERN ABOUT LOSING A MAN OF MR. NUZIE'S
CALIBER AND CONTINTUED ON TO REPORT THAT AFTER A LONG SERIES OF
CONVERSATIONS WITH MR. NUZIE, HE HAS RECONSIDERED HIS RESIGNATION
AND WILL CONTINUE FOR ANOTHER YEAR. COMMISSIONER WODTKE THEN RECOM-
MENDED THAT THE BOARD TAKE A CLOSE LOOK AT THE CIVIL DEFENSE DEPART-
MENT WITH REGARD TO ELEVATING ITS IMPORTANCE ON A DEPARTMENTAL LEVEL
AND IN THE BUDGETARY PROCESS TO FULLY COMPENSATE WHOEVER THE DIRECTOR
MIGHT BE SINCE THE POSITION OF CIVIL DEFENSE DIRECTOR IS A VERY
VITAL AND ACTIVE ONE WHICH REQUIRES PROFESSIONAL ABILITY. COMMIS-
SIONER WODTKE INFORMED THE BOARD THAT THIS DEPARTMENT NOW WILL BE
REQUIRED TO SET UP A NATURAL DISASTER EMERGENCY PLAN IN ADDITION
TO THE HURRICANE DISASTER PLAN AND A TORNADO EVALUATION PROGRAM FOR
THE WHOLE SCHOOL SYSTEM. HE FURTHER RECOMMENDED THAT THE CHAIRMAN
JAN 91980
41
DOAK 42 PAGE 457
�y
A
I
JAN 91990 em 42 PACE 458
CONSIDER APPOINTING A COMMISSIONER TO WORK WITH MR. NUZIE TO START
PREPARING A COMPLETE ULTIMATE FACILITY LONG RANGE PLAN FOR THIS
COUNTY. HE NOTED THAT IN VIEW OF THE NATIONAL SCENE, OUR DISASTER
PREPAREDNESS COULD BE VERY IMPORTANT.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY REFUSED MR. NUZIE'S LETTER OF RESIGNATION.
COMMISSIONER WODTKE INFORMED THE BOARD THAT HE HAS TALKED
WITH MR. SWALLOWS IN REGARD TO THE POSSIBILITY OF RESCHEDULING THE
201 MEETING PLANNED FOR TOMORROW IN TALLAHASSEE, AND IT APPEARS
THAT THE MEETING WILL BE HELD TOMORROW: MR. TRAINER WILL BE AT THIS
MEETING: AND A DECISION WILL BE MADE ON WHETHER THE IMPOUNDMENTS
WILL BE FUNDED OR NOT.
THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT
12:20 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 1:30 O'CLOCK P.M.
WITH THE SAME MEMBERS PRESENT.
THE CHAIRMAN ANNOUNCED THAT ITEM 12 (A REPORT ON.THE BID-
DING ON THE ADMINISTRATION BUILDING AND COURTHOUSE COMPLEX) HAS BEEN
WITHDRAWN FROM TODAY IS AGENDA.
ATTORNEY COLLINS INFORMED THE BOARD THAT RELIABLE SERVICES
WAS HAULING TRASH AND DEBRIS TO THE SANITARY LANDFILL, BUT BECAMF
DELINQUENT ON THEIR PAYMENTS. THEY SUBSEQUENTLY WENT OUT OF THAT
BUSINESS, BUT STILL OWE THE LANDFILL $2,500 EVEN THOUGH WE HAVE
WRITTEN AND THREATENED THEM. HE FELT WE SHOULD NOW SUE THEM FOR
PAYMENT.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO INSTIGATE
LEGAL PROCEEDINGS TO OBTAIN PAYMENT FROM RELIABLE SERVICES AS ABOVE.
COMMISSIONER DEESON REPORTED ON THE CREATION OF THE
NORTH INDIAN RIVER COUNTY FIRE DISTRICT. HE STATED THAT THE COM-
MITTEE MET WITH THE SEBASTIAN VOLUNTEER FIRE DEPARTMENT AND THE
FELLSMERE VOLUNTEER FIREMEN LAST WEEK AND THEY ARE SCHEDULED TO
MEET WITH THE ROSELAND VOLUNTEERS TOMORROW NIGHT. HE EXPLAINED
THAT THE BOUNDARIES AS PREVIOUSLY OUTLINED WILL BE ALTERED SOMEWHAT
AND EXTENDED A LITTLE FURTHER WEST AT THE REQUEST OF THE VOLUNTEERS
FROM-FELLSMERE. IT ALSO APPEARS THAT THEY -WOULD LIKE THE BOARD OF
COUNTY COMMISSIONERS TO BE THE. GOVERNING BODY FOR THE DISTRICT.
COMMISSIONER Loy CONFIRMED THAT -THIS IS THE WISH OF THE
TWO VOLUNTEER GROUPS CONTACTED, WHICH IS ALSO SUPPORTED BY THE MUN-
ICIPALITIES, AND COMMISSIONER DEESON BELIEVED ROSELAND WILL RECOMMEND
THE SAME.
CHAIRMAN SIEBERT AGREED AND STATED THAT THEY GOT THE
INDICATION THAT WAS REALLY THE BIG PROBLEM ROSELAND HAD WITH THE
DISTRICT AS ORIGINALLY PROPOSED, AND WITH THESE CHANGES IT WOULD BE
ACCEPTABLE TO THEM.
COMMISSIONER LYONS INQUIRED ABOUT THAT NOTATION ON HIS
COPY OF THE PROPOSED ORDINANCE WHICH SHOWS I MILL CHANGED TO 1/2 MILL.
ATTORNEY COLLINS EXPLAINED THAT HIS RESEARCH OF THE STATUTE
INDICATED THERE PRESENTLY IS NO AUTHORITY TO BORROW FUNDS FOR THE
DISTRICT, AND HE WANTED TO PROVIDE A LITTLE LEEWAY, BUT IT WAS CLEARLY
INDICATED THAT THEY PREFERRED 1/2 MILL. HE CONTINUED THAT THE DISTRICT
WILL INCLUDE BOTH THE CITIES OF FELLSMERE AND SEBASTIAN, AS WELL AS
THE UNINCORPORATED AREAS: IT DOES NOT INCLUDE THE TOWN OF INDIAN
RIVER SHORES, AND THE SOUTH BOUNDARY IS HOBART ROAD.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY -TO ADVERTISE A
PUBLIC HEARING ON THE ORDINANCE CREATING THE NORTH -INDIAN RIVER
COUNTY FIRE DISTRICT THROUGH REFERENDUM ELECTION FOR THE MEETING OF
FEBRUARY 6, 1980, AT 9:45 O'CLOCK A.M.
ATTORNEY COLLINS NOTED THAT THE COUNTY IS CURRENTLY LEASING
SPACE IN THE POCAHONTAS BUILDING FOR THE PLANNING & ZONING DEPARTMENTS.
THE LEASE EXPIRES THE END OF THIS MONTH. HE STATED THAT HE HAS PRE-
PARED AN EXTENSION FOR AN ADDITIONAL 15 MONTHS BECAUSE HE IS TRYING
TO COORDINATE WITH THE BUILDING OF THE NEW ADMINISTRATIVE OFFICES.
HE INFORMED THE BOARD THAT MRS. MAHER IS WILLING TO EXTEND ON THE
SAME TERMS AS BEFORE.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY APPROVED THE EXTENSION AGREEMENT FOR
SPACE IN THE POCAHONTAS APARTMENT BUILDING FOR THE PLANNING R: ZONING
DEPARTMENTS AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN.
JAN 43 soaK 'PACE'
91900
- _ JAN 91980 BOOK 42 PAGE 460
LEASE EXTENSION AGREEMENT
THIS AGREEMENT, made and entered into this 9th
day of January 1980, by and between GARNETT L.
MAHER d/b/a POCAHANTAS APARTMENTS, party of the first part, .
i
hereinafter referred to as "Lessor" and INDIAN RIVER COUNTY, j
FLORIDA, party of the second part, hereinafter called the "
"Lessee"
W I T N E S S E T H: !
,
WHEREAS, on January 7, 1976, the Lessor and Lessee
entered into a Lease Agreement whereby Lessor leased to
Lessee an aggregate area of 2000 square feet of usable space
I
in the Pocahantas Apartments located at 2121 - 14th Avenue,
Vero Beach, Florida, 32960, said lease commencing on the
i
lst day of February, 1976 to and including the 31st day of
January, 1977 with an option to renew said Lease Agreement
for two years at the rental of Five Hundred and no/100
Dollars ($500.00) per month, a copy of said Lease Agreement
is hereby attached hereto and by reference incorporated
herein, and
WHEREAS, said lease renewal period terminates on
the 31st day.of January, 1980 and
WHEREAS, the Lessor and Lessee desire to extend said
Lease Agreement for a period of fifteen (15) months,
iNOW THEREFORE, the Lessor and Lessee mutually agree
that the Lease Agreement entered into between the parties on
the 7th day of January, 1976 is hereby extended for a period
of fifteen (15) months from -the 31st day of January, 1980
i under the said terms and conditions as contained in said Lease
+I LAW OFFICES OF COLLINS. BROWN, VAN DE VOORDE & EVANS, CHARTERED_
P- O. BOX 3686 - 744 BEACHLAND BOULEVARD - VERO BEACH, FLORIDA 32960
PHONE 567-3463
P. O. BOX 266 - 220 NORTH U. S. NO. I - SEBASTIAN. FLORIDA 32958
- - �- PHONE56
Agreement dated the 7th day of January, 1976, .a copy of which
is attached hereto and incorporated herein by reference.
IN WITNESS WHEREOF, the parties hereto have executed
the above instrument for the purposes herein expressed the day
and year first above written.
Signed, sealed and delivered
in the presence of:
As to Garnett L. Maher d/b b�
Pocahantas Apartments
ffy to Board of County
ommissioners of Indian
River County, Florida.
nett L. Ma /b/a Pocahantas
rtments
LESSEE:
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COU TY, LORIDA
By
lillar W. Siebert,
Chairman
ATTEST:
Freda Wright,; Jerk
- 2 -
LAW OFFICES OF COLLINS, BROWN, CALDWELL, VAN DE VOORDE & EVANS, CHARTERED
P. O. BOX 3686 - 744 BEACHLAND BOULEVARD VERO BEACH, FLORIDA 32960
PHONE 567-3463
P. O. BOX 266 - 220 NORTH U. S. NO. 1 - SEBASTIAN, FLORIDA 32959
PHONE 589-3156
3.1 BOOK 42 FAGF 461
JAN '91990
JAN 91980
mor 42 PAGE 462
ATTORNEY COLLINS NEXT DISCUSSED THE AGREEMENT WITH THE
HUMANE SOCIETY, WHICH HAS EXPIRED. HE NOTED THAT COMMISSIONER L.OY
SUGGESTED THAT THIS AGREEMENT BE DRAWN AS A SELF -CONTINUING DOCU-
MENT, AND THE NEW DOCUMENT HAS THE SAME WORDING AS PREVIOUSLY
EXCEPT FOR THAT ADDITIONAL PROVISION. THE TERMS IS TO BEGIN EACH
YEAR ON OCTOBER 1ST TO BE CONSISTENT WITH THE BUDGET YEAR.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED THE AGREEMENT WITH THE HUMANE
SOCIETY AS DISCUSSED ABOVE AND AUTHORIZED THE SIGNATURE OF THE
CHAIRMAN. WHEN THE FULLY EXECUTED AGREEMENT IS RECEIVED, IT WILL BE
MADE A PART OF THE MINUTES.
ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT IN ORDER
TO GET LUNDBERG ROAD, HOBART ROAD, ETC., ON THE OFF SYSTEMS ROAD
PROJECT, THE COUNTY HAS TO AGREE TO ASSUME RESPONSIBILITY FOR THEIR
MAINTENANCE. HE NOTED THAT WE ARE TRYING TO GET THESE PROJECTS BACK
INTO THE MILL, AND RECOMMENDED THAT THE BOARD APPROVE SUCH AGREE-
MENTS FOR EACH ROAD,
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-7 APPROVING AN
AGREEMENT WITH THE DOT RE MAINTENANCE OF LUNDBERG ROAD WHEN COMPLETED
AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-8 APPROVING AN
AGREEMENT WITH THE DOT RE MAINTENANCE OF HOBART ROAD WHEN COMPLETED
AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-9 APPROVING AN
AGREEMENT WITH THE DOT RE MAINTENANCE OF 87TH STREET AND 101sT AVE-
NUE WHEN COMPLETED AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN.
w
RESOLUTION N0. 80=7
WHEREAS, the State of Florida Department of Trans-
portation is seeking federal participation for construction
of Lundberg Road, Project No. SOS -0004 (33), and -
WHEREAS, Indian River County is willing to accept
responsibility for maintenance of the road after its completion,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that
the Chairman and Clerk are authorized to sign an agreement
with the State of Florida Department of Transportation that
will enhance the Department of Transportation's efforts of
obtaining federal funding and assure that Indian River County
will assume responsibility for maintenance after the completion
of the project known as Lundberg Road, Federal Project No.
SOS -0004 (33) .
Attest:
Freda WrightUClerk
Resolution adopted 1-9-80
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
l
By-�
[dill d GW; Sieber Jr, Chairman
ROOK 42 TACE 4G
>a
JAN
MI
wK 42 PxE 464
COUNTY: Indian River County
B.I. NO: 425307
SECTION: 88000-3606
COUNTY ROAD NO:
FEDERAL PROJECT NO: SOS -0004(33)
LOCATION nFSCRIPTION: Lundberg Road
AGREEMENT
TEIS AGREEMENT, made and entered into this day of
19 , by and between the STATE OF FLORIDA DEPARTMENT
OF I'RA"SPORTATION, hereinafter called Department, and Indian River
COUNT;', FLORIDA, hereinafter called County.
W I T N E S S E T H:
WiDEREAS, the Department is preparing to undertake a Project within
Lhe C'J;-r.ty identified and known to the parties as Project No. SOS -0004(33) ,
which Alf be of benefit to the County, and
WHEREAS, approval of federal aid necessary to the Project requires
agree:T.ont by the County to maintain the Project.
NOW, THEREFORE, in consideration of the premises, the parties agree:
1. The Department c.i71 undertake the Project and obtain approval
for fe,:eral participation.
�. Upon completion the County will assume responsibilities for
maintenance of the Projecr and will conduct such maintenance in accordance with
f.cdc•ra 1 standards.
IN WITNESS WHEREOF, the parties hereto have set their hands and
al f .)-o i their seals on the day and year first above written.
Inds' an River COUNTY,
FLOE I DA
7 Z
Will 4d' W. ZSi4ez- .
T1. T' Chai man
:1-" 1'i
Breda Wright
I1T1.:: Clerk
SPATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION
BY:
Deputy Secretary for
Administration
(SEAL) ATTEST: (SEAL)
Executive Secretary
RESOLUTION NO. 80-8 -
-WHEREAS, the State of Florida Department of Transportation is
seeking federal participation for construction of Hobart Road, Project
No. SOS -0004(34), and
WHEREAS, Indian River County is willing to accept responsibility
for maintenance of the road after its completion, - NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman and Clerk are
authorized to sign an agreement with the State of Florida Department
of Transportation that will enhance the Department of Transportation's
efforts of obtaining federal funding and assure that Indian River
County will assume responsibility for maintenance after the completion
of the project known as Hobart Road, Federal Project No. SOS -0004(34).
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
BY
Willard /V1. Siebert, Jr. Chairman
ATTEST:
Freda Wrig t, e
Resolution adopted 1-9-80
JAN 91980 0 BOOK 42� PttE 465'-
JAN 91980 - wK 42 PAGE466,
COU14TY: Indian River County
B.I. NO: 425308
SECTION: 88000-3607
COUNTY ROAD NO:
FEDERAL PROJECT NO: SOS -0004(34)
LOCATION DESCRIPTION: Hobart Road
AGREEMENT
THIS AGREEMENT, made and entered into this day of
19! , by and between the STATE OF FLORIDA DEPARTMENT
OF '1RX SPORTATIOv, hereinafter called Department, and Indian River
COUNTY, FLORIDA, hereinafter called County.
11 T — .1 11 11 n - - 11 .
I;HEREAS, the Department is preparing to undertake a Project within
t1:e Co, inty identified and known to the parties as Project No. SOS -0004(34) ,
which %All be of benefit to the County, and
WHEREAS, approval of federal aid necessary to the Project requires
Ai ;z'L'e:nent by the County to maintain the Project.
NOW, THEREFORE, in consideration of the premises, the parties agree:
1. The Department will undertake the Project and obtain approval
icer fe.1eral participation.
2. Upon completion the County will assume responsibilities for
rat+ir,tenance of the Project and will conduct such maintenance in accordance with
federal standards.
IN WITNESS WHEREOF, the parties hereto have set their hands and
al`_ixe-i their seals on the day and year first above written.
Indian River COUNTY, STATE OF FLORIDA DEPARTMENT
F1.75! 11 OF TRANSPORTATION
?WR1�ai�dW.
_? _.� " C�F_rBY:
Siebert, !r_ . Deputy Secretary for
Administration
(SEAL) ATTEST: (SEAL)
Freda Wright Executive Secretary
T -T7- Clerk
RESOLUTION NO. 80-9
WHEREAS, the State of Florida Department of Transportation is
seeking federal participation for construction of 87th Street & 101st
Avenue, Project No. SOS -0004(35), and
WHEREAS; Indian River County is willing to accept responsibility
for maintenance of the road after its completion,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman and Clerk are
authorized to sign an agreement with the State of Florida Department
of Transportation that will enhance the Department of Transportation's
efforts of obtaining federal funding and assure that Indian River
County will assume responsibility for maintenance after the completion
of the project known as 87th Street & 101st Avenue, Federal Project
No. SOS -0004(35).
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
� 9
BY
i r W . Sie ert, .0 airman
ATTEST:
Ix/T)I& -4d -
Freda Wright, Clerk
Adopted 1-9-80
BOOK. 'mow fib, E 46 1!
JAN 9.1990
JAN 91980
an 42 PAGF.46
COUNTY: Indian River County
B.I. NO: 425309
SECTION: 88000-3608
COUNTY ROAD NO:
FEDHRAI. PROJECT NO: SOS -0004(35)
LOCATION DESCRIPTION: 87 St. & 101 Ave.
AGREE*SENT
THIS AGREEMENT, made and entered into this
day of
19 , by and between the STATE OF FLORIDA DEPARTMENT
OF TR-A..N�PORTATION, hereinafter called Department, and Indian River
001'NTY, FLORIDA, hereinafter called County.
VI T N E S S E T H:
the Cointy identified and known to the parties as Project No. SOS -0004(35)
which will be of benefit to the County, and
WHEREAS, approval of federal aid necessary to the Project requires
at,reement by the County to maintain the Project.
NOW, THEREFORE, in consideration of the premises, the parties agree:
1. The Department will undertake the Project and obtain approval
for federal participation.
2. Upon completion the County will assume responsibilities for
.i��intenan,:e of the Project and will conduct such maintenance in accordance with
federa 1 standards.
IN WITNESS WHEREOF, the parties hereto have set their hands and
:ifiiae,� their seals on the day and year first above written.
Indian 'Riv er COUNTY, STATE OF FLORIDA DEPARDIENT
FI.UI' I ll.; , OF TRANSPORTATION
BY:. ��``,�� � BY:
lTa S
� Deputy Secretary for
TiTL_: hairman Administration
i
1"1'I.ST:.CQ r (SEAL) ATTEST: _ (SEAL)
Freda �Jright Executive Secretary
'r' TI, .. C erK
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:
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
in the matter of
in the
fished in said newspaper in the issues of
Court, was pub -
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 beforedne this," / / day of� A.D.
(SEAL)
(business Manager)
(Clerk of the Circuit Court, Indian �iver County, Florida)
NOTICE
NOTICE IS HEREBY GIVEN that the
Planning and Zoning Commission of Indian
River County, Florida, has tentatively ap-
proved 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
on the south side of Cemetery Road, Ve, mile
west of the F.E.C. Railroad in Indian River i
County, Florida, to -wit:
That part of the North half of the Southwest,
Quarter of the Southwest Quarter of Section 3,
Township 32.South, Range 39 East, less the
West 10 acres and less the following described
parcel:
From the Northwest corner of the Southwest
Quarter of the Southwest Quarter of Section 3,
Township 32 South, Range 30 East, run East
along -the North line of said Southwest Quarter
of the Southwest Quarter a distance of 1,318.85
feet to the Northeast corner of said Southwest
Quarter of Southwest Quarter to the point of
beginning; Thence run South along the East
line of said Southwest Quarter of the Southwest
Quarter a distance of 663.87 feet; Thence run
-West along the South line of the North half of
the Southwest Quarter of the Southwest
Quarter a distance of 147.79 feet; Thence run
North parallel to and 660 feet Westerly of the
centerline bf the Florida East Coast Railroad a
distance of 690.10 feet to the North line of said
Southwest Quarter of the Southwest Quarter;
Thence run East on said North line to the.point
of beginning.
Be changed from R-1, Single Family District
to M-1,'Restricted Industrial District.
A public hearing in relation thereto at which
parties in Interest and citizens shall have an
opportunity to be' heard, will be held by said
Planning and. Zoning Commission in the
County Commission Room, Indian River
County Courthouse, Vero Beach, Florida, on
Thursday; November 29, 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 of County Commissioners of
Indian Raver County, Florida, in the County
Commission Room, Indian River County
Courthouse, Vero Beach, Florida, on Wed-
nesday, January 9.,1980, at 2:00 P.M.
Board of County Commissioners
Indian River County
By: William C. Wodtke Jr., Chairman
Indian River County Planning +
and Zoning Commission
By: Dick Bird, Chairman
Nov. 4, 7, 1979.
THE FOLLOWING NOTICE OF PUBLIC HEARING WAS SENT TO
LEONARD HATALA BY THE CLERK OF CIRCUIT COURT AS REQUIRED BY
FLORIDA STATUTE 125,66.
,IAN 9 X980 53 BOOK WE 469
JAN 91980
IN
IT
BOOK 42 FADE 4 ( O
FRED A WRIGHT
CLERK. ' CIRCUIT COURT AND RECORDER
Mr. Leonard Hatala
5865 34th Street
Vero Beach, Florida
Dear Mr. Hatala:
32960
P. 0. BOX 1028
VERO B EAC H• FLORIDA
32960
December 3, 1979
In compliance with Florida Statute 125.66, the following is a Notice of
Public Hearing for rezoning, as requested by you.
NOTICE
The Zoning Map will be changed in order that the following described
property situated in Indian River County, Florida, to -wit:
That part of the North half of the Southwest Quarter of the Southwest
Quarter of Section 3, Township 32 South, Range 39 East, less the
West 10 acres and less the following described parcel:
From the Northwest corner of the Southwest Quarter of the Southwest
Quarter of Section 3, Township 32 South, Range 39 East, run East
along the North line of said Southwest Quarter of the Southwest
Quarter a distance of 1318.85 feet to the Northeast corner of said
Southwest Quarter of Southwest Quarter to the point of beginning;
Thence run South along the East line of said Southwest Quarter of
the Southwest Quarter a distance of 663.87 feet; Thence run West
along the South line of the North half of the Southwest Quarter of
the Southwest Quarter a distance of 147.79 feet; Thence run North
parallel to and 660 feet Westerly of the centerline of the Florida
East Coast Railroad a distance of 690.10 feet to the North line of
said Southwest Quarter of the Southwest Quarter; Thence run East on
said North line to the point of beginning.
Be changed from R-1 Residential District to M-1 Restricted Industrial
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, January 9, 1980,
at 2:00 o'clock P.M.
Sincerely,
Freda Wright
jwc Clerk
PLANNING DIRECTOR REVER REPORTED THAT THE SUBJECT PROPERTY
CONSISTS OF APPROXIMATELY 6.5 ACRES PRESENTLY ZONED R-1 AND THE
APPLICANT WISHES TO REZONE TO M-1, RESTRICTED INDUSTRIAL. IN ORDER
TO SUBDIVIDE THE PROPERTY INTO INDUSTRIAL LOTS. THIS PROPERTY IS
LOCATED ON THE SOUTH SIDE OF CEMETERY ROAD 660' WEST OF THE RAILROAD.
THE CURRENT MASTER PLAN INDICATES THAT THIS IS A LOW DENSITY RESI-
DENTIAL AREA BORDERING THE 660' INDUSTRIAL AREA ADJACENT TO THE
RAILROAD. THE PROPERTY IS LOCATED IN THE SANDY RIDGE, WHICH IS PART
OF THE MAJOR RECHARGE AREA FOR THE COUNTY. IT IS PRESENTLY UNDEVEL-
OPED,AS IS THE MAJOR PART OF THE SURROUNDING AREA, AND THERE ARE
NO INDUSTRIAL USES WITHIN THE AREA AT THIS TIME. MR. REVER STATED
THAT THE PLANNING STAFF RECOMMENDS DENIAL OF THE REZONING REQUEST
BECAUSE APPROXIMATELY 2/3 OF THE PROPERTY THE APPLICANT OWNS ALREADY
IS ZONED INDUSTRIAL AND HE, THEREFORE, CAN DEVELOP THE MAJORITY OF
HIS PROPERTY AS HE WISHES. THE PLANNING STAFF FEELS M-1 IS PREMATURE
BECAUSE IN DEVELOPING THE COMPREHENSIVE PLAN, THEY EXPECT TO RECOM-
MEND A REDUCTION OF THE INDUSTRIAL ZONING IN THIS AREA AND HAVE
IT IN CENTERS RATHER THAN A STRIP AS NOW SHOWN ON THE ZONING MAP.
MR. REVER INFORMED THE BOARD THAT THE PLANNING & ZONING COMMISSION
DID NOT GO ALONG WITH THE PLANNING STAFF'S RECOMMENDATION.
ATTORNEY STEVE HENDERSON APPEARED REPRESENTING THE
APPLICANT, LEONARD HATALA, WHO OWNS THE SUBJECT PROPERTY AND ALSO A
10 ACRE TRACT IMMEDIATELY TO THE WEST. MR. HENDERSON INFORMED THE
BOARD THAT THE PURPOSE OF THIS PETITION IS TO SQUARE OFF SOME
ZONING LINES TO AGREE WITH THE PROPERTY LINES BECAUSE ONE OF
MR. HATALA'S MAJOR PROBLEMS IN SUBDIVIDING THE PROPERTY IS THE
SHAPE OF IT IN RELATION TO THE ZONING LINES. ATTORNEY HENDERSON
NOTED THAT THE BOARD GRANTED A SIMILAR TYPE REQUEST TO A PROPERTY
OWNER SOUTH OF THIS AREA IN 1971. HE POINTED OUT THAT THEY ARE ONLY
ASKING FOR A REZONING OF 28% OF MR. HATALA'S TOTAL AREA AND ASKED
THE PLANNING DIRECTOR IF THEY INTEND TO CONTINUE DIAGONAL TYPE
ZONING IN THE MASTER PLAN.
PLANNING DIRECTOR REVER STATED THAT IT IS SPECULATIVE AT
THIS POINT, BUT FELT THAT INITIALLY WHEN YOU CLUSTER, YOU WOULD
MOST LIKELY GET INTO A SITUATION WHERE YOU WOULD USE EXISTING PROP-
ERTY LINES AND THAT WOULD BE HIS RECOMMENDATION.
55 42 FAGS 471
r
JAN 91980
eam 42 PAcE 472
ATTORNEY HENDERSON COMMENTED THAT MR. HATALA WANTS TO
DEVELOP NOW BECAUSE PEOPLE ARE INTERESTED IN COMING IN WITH INDUS
TRIAL TYPE USES. HE POINTED OUT THAT M-1 CALLS FOR SITE PLAN
APPROVAL AND FELT IT IS CLEAR THAT THERE IS A LACK OF MARKETABLE
AND READILY AVAILABLE INDUSTRIAL SUBDIVIDED LOTS IN THIS COUNTY,
AND MR. HATALA IS ATTEMPTING TO MEET THIS NEED.
CHAIRMAN SIEBERT ASKED IF ANYONE PRESENT WISHED TO BE HEARD.
ATTORNEY SAM BLOCK CAME BEFORE THE BOARD REPRESENTING ABOUT
40 CONCERNED CITIZENS WHO OPPOSE THE REZONING AND PRESENTED A PETITION
SIGNED BY THEM, HE INFORMED THE BOARD THAT MOST OF THESE INDIVIDUALS
HAVE BOUGHT ACREAGE RATHER THAN LOTS FOR THE PURPOSE OF HOMES, AND
THEY, OF COURSE, SUPPORT THE PLANNING DEPARTMENT IN SAYING THAT ANY
REZONING TO M-1 IS PREMATURE. ATTORNEY BLOCK POINTED OUT THAT UNDER
THE M-1 ZONING THERE ARE APPROXIMATELY 14 PERMITTED USES THAT MUST
BE ALLOWED IF THEY COMPLY WITH THE SITE PLAN APPROVALS, I.E., ICE
PLANTS, RETAIL AND WHOLESALE SELLING OF GOODS, JUNK AND SALVAGE YARDS,
ETC. HE CONTINUED THAT MR. HATALA ALREADY HAS 660` HE CAN DEVELOP,
AND HE FURTHER NOTED THAT THERE IS NO EXISTING INDUSTRIAL USE IN THE
SUBJECT AREA AT THIS TIME.
CHAIRMAN SIEBERT INSTRUCTED THAT THE PETITION AND ATTACHED
LETTER SUBMITTED BY ATTORNEY BLOCK BE MADE A PART OF THE MINUTES,
AND THEY ARE HEREBY MADE A PART OF THE MINUTES AS FOLLOWS:
WE,THE UNDERSIGNED, are owners of real property located -
near and around -the property described in the attached NOTICE,
which is proposed to be changed in zoning from R-l.Single.Family
District to M-1 Restricted Industrial District, and are in
opposition to such proposed change. `
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JAN , 1980 �. cvi r- ZE:>qc1f 20
JAN 9190o
eoo 42 PACE 474
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:42 : PACE 476
LYNN KIRK -OF 1000 SUNSET ROAD, WEST PALM BEACH, -INFORMED
THE BOARD THAT SHE OWNS 5-1/4 ACRES WITHIN 100' OF THE SUBJECT PROP-
ERTY. SHE STATED THAT ABOUT SEVEN MONTHS AGO SHE BOUGHT THIS BEAUTI-
FUL PROPERTY, WHICH IS LOCATED ON -THE RIDGE AND COVERED WITH OAK AND
HICKORY TREES, FOR THE PURPOSE OF BUILDING A HOME AND PRESERVING AS
MUCH OF THE NATURAL BEAUTY AS POSSIBLE. M.S. KIRK STATED THAT SHE
WAS AWARE THAT THE PROPERTY ALONG THE RAILROAD TRACKS WAS M-1, BUT
BELIEVED THERE WAS CONSIDERABLE BUFFER, AND SHE IS GREATLY CONCERNED
WITH THE PROPOSED ENCROACHMENT. SHE NOTED THAT ALL REALTORS SHE HAD
CONTACTED HAD ASSURED HER THAT THE BOARD WAS GREATLY CONCERNED WITH
KEEPING AS MUCH GREEN AREA AS POSSIBLE.
FRANK WALLACE OF LIGHTHOUSE POINT STATED THAT HE PURCHASED
FIVE ACRES FOR HIMSELF IN THIS AREA AND TWO ACRES FOR HIS SON. HE
ALSO KNEW ABOUT THE M-1, BUT DID NOT FEEL IT WOULD SPREAD, AND HE
WISHED TO GO ON RECORD OPPOSING ANY FURTHER SPREAD OF M-1 IN THE AREA.
WILLIAM BRICKLEY OF NORTH WINTER BEACH ROAD STATED THAT HE
BUILT ON AN ACRE OF GROUND IN THIS AREA WITH THE UNDERSTANDING THAT
IT WOULD BE RESIDENTIAL, AND HE SINCERELY HOPED IT WOULD STAY THE
WAY IT IS.
JOHN HANSEN OF POMPANO INFORMED THE BOARD THAT HE HAD PUR-
CHASED TWO ACRES OF LAND NEAR THE SUBJECT PROPERTY AND INTENDS TO
BUILD HIS HOME THERE, KEEPING THE LAND AS MUCH AS POSSIBLE IN ITS
NATURAL BEAUTY. HE WAS VERY MUCH OPPOSED TO THE PROPOSED REZONING
TO M-1 AND STATED THAT LIVING IN SOUTH FLORIDA HE HAS SEEN WHAT CON-
STRUCTION IN INDUSTRIAL AREAS CAN DO TO DESTROY PROPERTY.
RUSS HANEY, ALSO OF POMPANO, STATED THAT HE HAS AN ACRE OF
LAND ADJOINING MR. HANSEN. HE ALSO BOUGHT IT FOR ITS BEAUTY AND
OPPOSED ANY ADDITIONAL INDUSTRIAL ZONING.
BRENDA TUCKER, WHO HAS A.HOME IN THE AREA, SPOKE IN OPPOSI-
TION TO THE PROPOSED REZONING FOR HERSELF AND HER HUSBAND, AS WELL
AS HER BROTHERS WHO HAVE PROPERTY THERE ALSO.
HARRY OFFUTT INFORMED THE BOARD THAT HE OWNS FIVE ACRES
IMMEDIATELY TO THE WEST OF MR. HATALA'S R-1 PROPERTY ON CEMETERY
JAN 91980 61 -BOOK 42 tACE477
F_
JAN 9 1980 soOK 42 PAGF_ 478
ROAD, AND HE SINCERELY FEELS THE HIGHEST AND BEST USE FOR THIS
PROPERTY IS R-1 AND THAT ANY MORE M-1 WOULD BE AN ENCROACHMENT ON
THE R-1,
REVEREND JAMES JOHNSON OF 71sT STREET STATED THAT HE OWNS
THREE ACRES ADJOINING THE CEMETERY ON CEMETERY ROAD. THEY BUILT
THEIR CHURCH THERE AND ARE GOING TO BUILD A HOME BECAUSE OF THE
RESIDENTIAL AREA AND THE PEACE AND QUIET. HE STRONGLY OPPOSED ANY
MORE INDUSTRIAL ZONING WHICH WOULD GENERATE MORE TRAFFIC.
DEBORAH WHALEY STATED THAT SHE OWNS SEVEN ACRES JUST
SOUTH OF THE HATALA PROPERTY AND BOUGHT IT FOR THE PURPOSE OF BUILD-
ING A HOME. SHE STRONGLY OPPOSED THE PROPOSED REZONING AND ALSO
SPOKE FOR HER IN-LAWS, MR. AND MRS. HUDSON OF PORT ST. LUCIE.
ROBERT FENNELL OF NORTH WINTER BEACH ROAD INFORMED THE
BOARD THAT HE DROVE THOUSANDS OF MILES LOOKING FOR A PLACE TO LIVE
AND BOUGHT TEN ACRES OF VIRGIN LAND HERE TO BUILD A BIG HOUSE, HE
URGED THAT THE BOARD NOT GRANT THE REQUESTED REZONING WHICH WOULD
ENCROACH ON THE R-1.
KATHERINE GRAVENMIER STATED THAT HER HOME IS BUILT ON
SEVEN ACRES IN THIS AREA, AND SHE WOULD LIKE TO KEEP IT RESIDENTIAL.
MR, FRANSEN, LONG TIME RESIDENT, STRONGLY OPPOSED REZONING
TO M-1.
ATTORNEY HENDERSON FELT IT SHOULD BE NOTED THAT THE M-1
ZONING ORDINANCE WAS AMENDED RECENTLY TO REQUIRE SITE PLAN APPROVAL
OF ALL USES IN M-1. HE FELT THE BOARD, THEREFORE, WOULD HAVE BROAD
DISCRETION IN DECIDING ABOUT BUFFER AND LANDSCAPING TO PROTECT THE
SURROUNDING AREA, HE ALSO FELT ANY TRAFFIC GENERATED WOULD MAINLY
INVOLVE U.S.1 AND NOT THE R-1 AREAS.
DISCUSSION THEN AROSE ABOUT NOTICE BEING SENT TO PROPERTY
OWNERS WITHIN 300' OF THE PROPOSED REZONING„ AND PLANNING DIRECTOR
REVER STATED THAT NOTICE WAS SENT.
ATTORNEY BLOCK POINTED OUT THAT EVEN WITH SITE PLAN
APPROVAL, THERE ARE CERTAIN USES THAT ARE ALLOWED IN M-1 AND COULD
NOT'BE REFUSED. HE BELIEVED THE PROPOSED REZONING WOULD DEVALUE
THE ADJOINING PROPERTIES AND CAUSE A REDUCTION OF RESIDENTIAL USAGE
IN.A BEAUTIFUL AREA. -
� r �
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
PLANNING DIRECTOR REVER CONFIRMED THAT THE ORDINANCE HAS
BEEN CHANGED SO THAT SITE PLAN APPROVAL WOULD BE REQUIRED IN M-11
BUT POINTED OUT THAT THIS DOES NOT MEAN WE HAVE ANY MONITORING OF
THE USES IN THAT ZONE: WE CAN ONLY AFFECT HOW THEY TAKE PLACE,
COMMISSIONER WODTKE AGAIN DISCUSSED NOTICE OF THE PUBLIC
HEARINGS AND ASKED HOW MANY PEOPLE IN THE AUDIENCE RECEIVED A NOTICE
OF THE HEARING BEFORE THE PLANNING & ZONING COMMISSION. ALL PRESENT
SAID THEY HAD NOT RECEIVED NOTICE.
COMMISSIONER Loy COMMENTED THAT WHEN THE PLANNING & ZONING
COMMISSION RECOMMENDED APPROVAL OF THIS CHANGE, THERE WERE ONLY THREE
MEMBERS OF THE COMMISSION PRESENT.
COMMISSIONER WODTKE NOTED THAT THE DIAGONALS ATTORNEY
HENDERSON HAS REFERRED TO AS BEING HARD TO DEVELOP HAVE BEEN IN
EXISTENCE MANY YEARS, HE FURTHER NOTED THAT THIS PROPERTY SITS OVER
A RECHARGE AREA, AND WE HAVE TRIED DESPERATELY TO LET AS FEW CONCRETE
OR ASPHALT PROJECTS IN THIS AREA AS POSSIBLE. HE HAD NO PROBLEM
WITH UTILIZING THE PRESENT M-1 ZONE, BUT DID NOT SUPPORT ENCROACHING
ON THE RESIDENTIAL PROPERTY AND DID NOT FEEL THE ANSWER TO MAKING
THE APPLICANT S PROPERTY DEVELOPABLE IS TO EXPAND THE M-1 INTO OTHER
AREAS.
ON MOTION MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS-
SIONER LOY, THE BOARD UNANIMOUSLY DENIED THE REQUEST MADE BY LEONARD
HATALA FOR REZONING TO M-1 FOR THE REASON THAT IT ENCROACHES INTO A
RESIDENTIAL AREA AND BECAUSE THERE IS ADEQUATE PROPERTY ZONED M-1 IN
THIS AREA.
ATTORNEY COLLINS ANNOUNCED THAT ITEMS 17 A.1 AND 17 A.2
DO NOT NEED TO BE APPROVED TODAY (THE ASSOCIATION WATER OR SEWER
SYSTEM GRANT AGREEMENT FOR THE SOUTH COUNTY WATER SYSTEM IMPROVEMENTS
AND THE RESOLUTION AUTHORIZING EXECUTION OF SAID AGREEMENT), BUT WE
DO NEED TO APPROVE THE EQUAL OPPORTUNITY AGREEMENT, THE NONDISCRIMINA-
TION AGREEMENT, THE LEGAL SERVICES AGREEMENT, AND THE LOAN RESOLUTION.
JAN 91980 63 wK 44.. PAGF479
JAN 91980 Boox 42 PA6F 480
ENGINEER RALPH ENG CONFIRMED THAT BASED ON MEETING WITH
FMHA A WEEK AGO, A NUMBER OF DOCUMENTS NEED TO BE PUT TOGETHER AND
EXECUTED. HE STATED THAT THE APPLICATION FORM ITSELF HAS BEEN
CHANGED TO DEFINE THE APPROXIMATE AMOUNT OF GRANT WE ARE ASKING FOR.
THESE ARE STANDARD FORMS, AND ON ITEM 13, FEDERAL ASSISTANCE AND GRANT,
WE ARE ASKING ROR $796,900, WHICH IS ABOUT $500,000 MORE THAN WE HAD
ALLOCATED SINCE THERE IS A POSSIBILITY IF THERE IS A SURPLUS, WE
MIGHT GET ADDITIONAL FUNDS. THE SECOND FORM - THE OPERATING BUDGET,
REFLECTS THE NUMBERS PRESENTED IN THE ENGINEERING REPORT FOR THE
INCOME OF THE SYSTEM, OPERATING COSTS AND NECESSARY RESERVES, ETC,
DISCUSSION FOLLOWED ABOUT HAVING THE ADMINISTRATOR SIGN
THESE FORMS, AND ATTORNEY COLLINS SAW NO PROBLEM WITH THIS.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY ADMINISTRATOR'S
SIGNATURE ON THE PREAPPLICATION FOR FEDERAL ASSISTANCE AND THE
OPERATING BUDGET FOR THE SOUTH COUNTY WATER SYSTEM IMPROVEMENTS.
t ICS Nt rL.II A I IUi`i i"U.t rr_LJ`rtikL fi]]u I Ate{(
r� r7-r��r+� 2. APPLI• a. NUMKII 3. STATE a. SU!A�Ex
' FEWE i; L is SIS ! ANCO>.
CANT'S APPLteA.
TION _
-APPLI- b. DATE r+wn k ecs
1• T+'� E P:.Etr?PUi•dTto;1 tD_r►TI. b. cars: War
,F Year month ecy
, CATION
;crl�rt�," 1i'PLiwiT,, 1 19 Ft_ft Asstc,teD 19 =
0 NUTIFIr-A 13t! OF 1.11TENT (.)pt) Ira, e
�.•-1 [} REPO'T OF FEO.Z.AI ACTION ��n+
-
+ d. LEi�AL Ai eLICANTiRF.CIP IENT _ 5. FEDERAL EMPLOYER IDENTIFICATION 910.
,. A;;1;;xntt4rno Indian River County, Florida 59-600674
b. UnA : Indian River County, Florida
C. Pax , County Courthouse PRO_ a. NUu3_R [l 10 i- 1411 181
e. City Vero Beach s. Cw,ty :Indian River GP.A.M b. TITLE
Florida It. zi?c.:da32960 (Fro.% Water & Waste Disposal
rercrz-Systems for Rural Com -
h. Jack Jennings 305/562-4186 catc!oR) muni ti es
telephant No.)
7. TITLE AN.3 DESCRtP710N OF APPLICANT'S PROJECT
H. TYPE OF A:'PLICANT/RECIPItNT
-c
u
a
Indian River County, Florida
h-St�!o jr Actio+s A3r«,ry
ti-Cazrnaa;
EL Iaaeitata I- Hit`ar ECueatwaat in:ti.T+t+ora
c-s��i:,:.
.
South Municipal Tax District
)-lndrsn7:iba
D c; K-Oth.,
Water S stem Im rovements
y p
E -City
a
F-S:brol Dia!rtct
a,
�
Gam'?!i.ia{ Purpci� Erttxr C�Jroprsat�:elter Q
Drsititt
+
9. TY?9. OF ASSISTANCE
'
? 5a,ic C:aat D-Irouraxo
►L-Supp5mo,131 Grant E -0th" Nntet ��yro-
��
Gtoan pride lstter(a) t ^t}
AM
10. AREA OF PROJECT IAIFACT (Mmes o/ eitias, eountus.
11. ESTIMATED PIU}A-
12. TYPE OF APPLICATICS
SR:tar, etc.)
BER OF F=RSO:43
EI'ENERIT►NQ
A -Ye•,+ ' GP,asiston E�+ugaacta!i3rr
Indian River Co., So. Mun. Tax"Distr:
9,800J:stera;.-%ropriat.:etternAA'
E-.R�mva! A-ContirtW!iyn
13. PROPOSED FUNDING 14. CO^IGPESSIONAL DISTRICTS OF:
IS. TYPF OF CHANGE (For or Sto)
r c_a y
�. F_D.L s 796 900 .ao
e. APPLIC?,4T
b. PAG;ECT
A-tnere,sa D,ttars
P.-Deuaasa Dalars
b. AP?tIC.;Ni .t9
10th
10th
C-,D-OMreaia Duration
a:rrsia Duration NIA
C. STATE ,1.0
15. PROJECT START
17. PROJECT
E-G:cailatM
DATE �Q' m :h any
29 V L • t
DURATI
Montt
xuter Cupro..
pride ieti.rFit
d. LOCAL .90
e. CTUR ,09
1& ESTIMATED DATE TO Year aronth day
TO
19. EX13TiNG FEDERAL IDENTIFICATtObt NLIMSER-
I. TOTAL S 796,900 .ao
FEDE.RAL AGE( Y > 1980 1 T4
.
20. FEDERAL AGENCY TO RECEIVE ]REQUEST (Nano, City, St w. ZIP tour)
21. P.cRtARI{S ADDED
Farmers Home Administration, West Palm Beach, FL 33401
p vas & ria
x
22.
a. Ta the L•sst a! my lnowledis and bcti;l,
b. It teyuirai bi Glha Cirmlir A45 this apptita!:ia, utt Suan;Ited, T{uyonas
�arsuan: to Ix. No rs-
o
dt:s In V!s gr�;pl7cstianlappbtaton ars
atructio,i thwain, to appropriata elia:l.�ywcuics and alt te3ya:na6L Ora attacxad: ryawa attcc.`.eai
r
THE
true Sad eorra:t. the document bit b"n
'-!
APPLICANT
CcRTIFIES
euty sutharitad by INS gmmin3 body of
t.1e a;piitdat and Alt 2p960112 will CW01y
(')Treasure Coast Regional Council (on 0
THAT>
with tla attuned Szurancn it US asalst-
_File)
uj � 1'4
Li
aFj
ancv is appmet.
t3)
TYPED 14XME A40 71TIE
b. SIGNATURE
e.AE SIMEDc023.
d
CRTIi:!NGJack
G. Jennings
:«
, io%s doyE
R_PR_
SENTATPl£
County Administrator
vqJ �►
24. AG%NCY NAME
25. APPUCA. rcea• s.slntb Bray
TION
RECEIVED 19
26. ORCAN."ZATIONAL UNIT
OFFICE
23. FEDERAL A?PLICATIOPI
n-AWAIMSTRATIVE
K29,
AODi;S3S
30. FEDERAL GRANT'
.
IDFjt3'tF:CATt'J,i' _
0
31. ACTION TAKEN
32. FUNDING
Year mont3► ds;r
34. rear sso*ol. day
a. FEDUAL 3 .CO
a. AWARGED
33. ACTION DATE. 19
TA TIN&
%'
v b. REJECTED
b. A'PLICir'iT CO
3S CONTACT FOR ADO1TlOi1AI. INFORMA.
TION (.Yams an.'L te:aphona number)
35. Year %raatTa �Y
e. STl!TF. •�
e. RETU.'.:IEO FOR
DA ENG 29
d. LOCAL .0(I
P_JG4�LI.iiT
37. F►ctitARKS AOJ>✓D
0. OTHER ,CO
o d. DEfTw�fJ
N
e. WIMSr' AWN
-.=--
Yos �No
t. TOTAL Y .00
30,
a. la tsiinj abm actin, any t wmonts t:eelr.d from dasrtntlou-." Mars elan
b. FEDERAL AGE:!CY A -9S OfflCt).L
siCered. It a.ta cy raipon%a Is duo, L-401 pwitioa at Part 1, GNU Clr:utar A-95.
(!.area and trta.7Aona tio.)
FEDERAL AGENCY
19'b3% Dean or Is taint made.
"S ACTION
424-101
FORM AD -621 (REVISED 5.76) PAGE 1
S AHOARD FOF14 4.'•t rAQE 1 (I0 -•?5)
�s+arA#4 by G3A. Frdarat Ata».;a+.n-.t Ciray:.+r Ji -7
�QOK 4 PIA F 48.1..
r -
JAN 91900 Boa 42 RacE 482
U.S. DEPARTMENT OF AGRICULTURE
PREAPPLICATION FOR FEDERAL ASSISTANCE Orae No. •o.w016+
PART 11
(Check one)
Yes
No
1. Does this assistance request require State, local, regional or other priority rating?
TOTAL
(o)
1. 10,418
2. Does this assistance require State or local advisory, educational or health clearance?
XX
3. Does itis assistance request require Clearinghouse review?
2. 10,41$
xx
4. Does this assistance request require State, local, regional or other planning appmval?
xx
_�..
5. Is the proposed project covered by an approved comprehensive plan? `
6. Will the assistance requested serve a Federal installation?
XX
7. Will the assistance requested be on Federal land or installation?
xx
8. Will the assistance requested have an effect on the environment?
5.
9. Will the assistance requested cause the displacement of individuals, families, businesses, or farms?
XX
10. Is there other related assistance for this project previous, pending, or anticipated?
s 6,622,740
XX
PART III _ PROJECT BUDGET
FEDERAL CATALOG
NUMBER
is)
TYPE OF ASSISTANCE
LOAN, GRANT, ETC.
(d)
FIRST BUDGET PERIOD
(C)
BALANCE OF PROJECT
/d)
TOTAL
(o)
1. 10,418
Grant
796,900
796,900
2. 10,41$
Loan
(Committed)5,825,840
5,825,840
_�..
3.
4.
5.
&Total Federal Contribution
s 6,622,740
S
$ 6,622,740
7. State Contribution
S. Applicant Contribution
9. Other Contributions
MUMS
S 6,622,740
S
S 6,622,740
PART IV _ PROGRAM NARRATIVE STATEMENT
(Attoch pot Instruotlen)
FORM AD -621 (REVISED 5.76) PAGE 5
USDA-FmHA
Form FmHA 442.7
(Rev. 8-12-76)
inalan River County, Florida
Applicant Fiscal Year D1 r
From 10/1 To 9/30
OPERATING INCOME 19(1)
I. Water Sales
2. (See Sup lement Re
74rt a
ete ec. rl
3.
4.
5. Miscellaneous
6. Less: Allowances and
Deductions
7. Total Operating Income
(Add Lines 1 through 6)
OPERATING EXPENSES
8..ChEmi r a l ,;
9. Elec-Oil-Gas
lo.Wages-Salary
i1.R.0. Membrane Replac ment
12.Disiirbution Svs 0&
13.
14.
15. Interest (FmHA)
16. OePrecioien Bond Reser te
17. Total Operating Expense
(Add Lines 8 tfirough 16)
18. NET OPEP ? - 7NG INCOME
(LOSS) (Line 7 less 17)
NONOPERATING INCOME
19.
20.
21. Total Nonopera ting Income
(Add 19 and 20)
22. NET INCOME (LOSS
(Add Lines 18 and 21�
(transfer to line A Schedule
JAN 91900
Position 3
OPERATING BUDGET
A dress
County Courthouse
cou xy Sty 1 br 1l air,
In�River
19 19 1
(2) (3) (4)
688,608 688,608
77,000
28,000
291,292
-0-
556 292
132,316
77,000
Z8,000
Schedule 1
ffrCode)
960
First Full Year
(5)
688,608
688 , 608
77,000
28.000
291,292 291,292
-0- 34,536
556 292 590,828
132 316 97,780
_U_ -U- L -0-
132,316 132,316 97,780
Budget and Projected Cash Flow Approved by Governing Body
Attest:
Secretary Date
c:ag
4Z E42-
ounty Admi ' strator, i9if ° iver Cafity
bOAK42 PAGE 48
JAN 91980 BOOR PACE 484
Schedule 2
PROJECTED CASH FLOW
A. Line 22 from Schedule 1 Income (loss)
Add
B. Items in Operations not Requiring Cash:
1. Depreciation (line 16 Schedule 1)
2. Others:
C. Cash Provided From:
1. Proceeds from FmHA loan/grant
2. Proceeds from others
3. Increase (Decrease) in Accounts Payable, Accruals
and other Current Liabilities
4. Decrease (Increase) in Accounts Receivable, Inventories
and Other Current Assets (Exclude Cash)
5. Other:
6.
D. Total all A. B and C Items
E. Less: Cash Expended for:
1. All Construction, Equipment and New Capital Items
(loan and Grant funds)
2. Replacement and Additions to Existing Property,
Plant and Equipment
3. Principal Payment FmHA Loan
4. Princi al a men OtherLoans
5. Other- End. , Lega, Admin. ,Cont ,etc,
6. Total E 1 through 5
Add
F. Beginning Cash Balances
G. Ending Cash Balances (Total of D Minus E 6 Plus F)
Item G Cash Balances Composed of:
Construction Account -
Revenue Account
Debt Payment Account
O&M Account
Reserve Account
Funded Depreciation Account
Others: Fn_J e0a1 ;Arimin rnot etc,
Proceeds-from-FmHA LoanZGrant
Total - Agrees with Item G
19
19
198_
198_
First
Full Year
132316
132316
977R(1
-
6622740
0
0
6622740
0
0
6755056
132316
97780
547860
0
0
0
�
(1
0
0
54064
0
0
0
1144140
6622740
Q
54064
0
132316
e,
S
S
3�.31.f2
12MML
_,ZOLU
L, Q$
S
S
IV64786na,
S f1
S fl
FRRbQ8
R?ng24
05394(1
1292
9129
(345 35
6500
(26500)
265000 )
0
0
_(
34,53 )
(
•—_-
- 0
Q_
_ _
144140
0
Q_
6622740
0
0
S
S
S 132316
8264632
1_2Q8,
*Includes 15% escalation factor per report
DISCUSSION AROSE ON THE LOAN RESOLUTION SHOWING -AN AMOUNT- -
OF $6,325,840, WHICH WOULD BE INCONSISTENT IN THE EVENT WE WERE
GRANTED THE ADDITIONAL $500,000 NOW BEING APPLIED FOR, AND'MR. ENG
FELT IT WOULD BE BEST TO LEAVE THAT RESOLUTION AS IT IS SINCE IT
ALWAYS CAN BE AMENDED OR RESCINDED.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION N0. 80-10.
r Positron 5 i.
USDA -Fin l iA
Form I+mHA 442-47 LOAN RESOLUTION 80-10
(Rev. 7-30-75) (Public I3odies)
BOARD
A RESOLUTION OF THE ------------------------------ _------- ._.....
.
O1' T111: INDIAN' RIVER COUNTY CO1�uNI SS ION
-.. -.-...-----------------
AUfI101,IZING ANO PROVIDING FOR THE INk-11TRI:.ENCE OF INDEBTFI)NE.SS FOR TITE PURi'O`E ,tl:
PROV11_ R,'G A PORTION OFTHE COST OF ACQUIRING, CONSTRUCTING, ENLARGING, IMPROVING, AND 01?.
EXTENDING ITS 3211t-- Co'.zrit .Wdtar-
_ - ----------
FACILITY TO SERVE AN AR A LA1WFC- I, EVITI� N ITS IURIGICTION TG SERVE.
'Ja1nCt t7 OLli1 V i�CIJUJIIsc1onarS O Indian Rivcr
WHEREAS, it is necessary for the CatantY, Flaridd........................................................................*--.-..._ _....._-.._--.
{Public Body)
(herein after called association) to raise a portion of the cost of such undertaking by issuance of its bonds in the principal
amount of------- $6,.325080
pursuant to the provisions of -- ghAP'i ..
WHERLAS, the association Intends to obtain assistance from the farmers Nome Administration, United States Department
of Agriculture, (herein called the Government) acting under the provisions of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1921 et seq.) in the planning, financing, and supervision of such undertaking and to purchasing of bone's
Iawfully issued, in the event that no other acceptable purchaser for such bonds is found by the association:
NOW THEREFORE, in consideration of the premises the association hereby resolves:
1. To have prepared on its behalf and to adopt an ordinance or resolution for the issuance of its bonds and containim,
such items and in such forms as are required by STATE statutes and as are agreeable and acceptable to the
Government.
2. To refinance the unpaid balance, in whole or in part, of its bonds upon the request of the Government if at
any time it shalt appear to the Government that the associ3tion is able to refinance its bunds by obtainina loo t
for such purposes from responsible cooperative or private sources at reasonable rates and terms for loans for similar
purposes and periods of time as required by section 333(c) of said Consolidated farm and Rural Development Act
(7 U.S.C. 1933(c)).
3. To provide for, execute, and comply with Form Frt11A 1004, "Nondiscrimination Afreotnent"; and Form
FtnHA 400-1, "Equal Opportunity Agreement", includin, an "F.qual Opportunity Clause", which clause is to be in-
corporated in, or attached as a rider to, each construction contract and subcontract invulvin, in excess of S10,000.
4. To indemnify the Government for any payments n:atk or loss,as suffered by the Government on behalf of' the
association.
5. That upon dofa:tlt in the payments of any principal and accrued interest on the bonds or in the ivrformance of ars
covenant or agreement contained herein or in the instruments incident to making or insuring; the loan, the Govern-
ment, at its option may (a) declare the entire principal :unount then outstanding and aocrued iettcrest immediately
due and payable, (b) for the account of the association incur and pay reasonable expenses for :`pair, maintename,
and operation of the facility and such other reasonable expenses as may be necessary to cure the cause of default,
and/or (c) take possession of the facility, repair, tn3intaia, and oix;rate or rent it. Default under the provisions, (it'
this Resolution or any instrument incident to the inaking or insuring of the loan may be construed by the Govern-
utent to constitute default under any other instrument held by the Government and executed or assumed by the
association, and default under any such instrument may be construed by the Government to constitute default
hereunder.
6. Not to sell, transfer, lease, or otherwise encumber the facility or any portion thereof, or interest therein, not permit
others to do so, without the prior written consent of the Cove;rntnent.
7. Not to borrow any money from any soarce, enter into any contract or agreement, or incur any other liabilities in
connection with making enlagrements, improvements or extensions to, or for any other purpose in connection
with, the facility (exclusive of normal maintenance) without the prior written consent of the Government.
R. To place the proceeds of the bonds on deposit in an account, in a bank, and in a manner approved by the Government.
JAN 9980 eooKAG.ieA14 �� tHA 442-47 (Rev. 7-30-75)
69
JAN 91980
BOOK 42 PACE 486
9. To comply witll all appiica'. le State and Federal laws and rerulations and to continually operate and maintain the
facility in good condition.
10, To provide fc.r the leceiPt of adequate :evelulC% to meet tht: lc;lllten►cnts of debt service, opciation and mnintcnance,
asci the establishment of a iei;slate reserves.l�o free service or use of Lire facility will be permitted,
1 }. To acquirc and maintain such insurance coverage including fidelity hond'on may
f the facility and its d by ifiniilcial 'affairs
1'_'. To establish and maiiitain sues: hooks, and records rclalint, to the 4111 rst
anti to provide for required audit thereof in such 4 manner as ii -lay be required by ;hc Gove-nment, to provide the
Government Vit}:out as request, a copy of each such and it, and to mlike and frnward to the Govcrnrncnt such
adtlit1Cl11a1 tuft IInaLIOf2 and repots as it may from tilde to time riiluil c.
13. To provide the Government at all Meisowible limes access to all books and records relating to tllc facility and
Access to the property of the system so drat the Govertlment m y ascertain that the :issccia_tion is complying with
trunlcnts incident to the Illakitig or insuring of the loan.
the;►rovisior5s hereof and of Clic ins
14. To serve any applicant whbirl 111C service area who &: ires service and can be feasibly and legally served, .'ind to
obtain the concurrence of tl,e Farmers Home Administration prior to rcflr�ing service to such aprlicant. Ua on the
failure to provide su::h service. whichis feasible and legal such applicant shail have a direct ribht of action against
the assuchttion under this agreeluent.
The provisions hei eof and i'le provisions of all instruments incident to tare making or the insuring of the loan, unless; otherwise
spe:.itically provided by the terms of such inetrtinlcnts, shall be binding upon the association as long as the bonds arc held
or hisiired by the Government. The provisions of sections 6 through 13 hereof may be Provided for in more specific detail
in the bond resolution or ordinance; to the extent that the provisions contained in such bond resolution or ordinance should
be found to be inconsistent with the provisions h- reef, these provisions shall be construed as controlling as between tite
association acid the Government.
The vote was: Yeas -- 5 -; Nays -- - -- --. ; Absent
IN \ITNLSS WHEREOF, the__ Gh;*roms__------------------ •----"-�---
of the
Board of County Commissioners _ __.., has duly adopted this Resolution and caused
4th Ja;nuary------------_._-- 19
it to be executed by the officers below. iii duplicate inn this - --=— day of -—_—____ .__._ ,
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
...........-.....
(SIiAL) By
Chairman 77
Act st: p �'� Title ---
Freda Wright f�
Title---C t':a-__________�—_ ____---------•---______.
Ct RTIFICATIOIN
1, the and'.crsioned, as --
_r�.l.ItiTlli1..----- -• - of the
hereby certify that tl1e---------- - -- - - -- ---__.�_ ___..__._ .._-._ of such Association is composed of
-•----- _..-. - -. rllembers, of whom ........ -.......... , cor.stituting a quorurn, were present at a nleetillg thereof duly called and
held ort the Stn day of --•-- ` � �- - -- -.- 1`} ��_ ; that the foregoing resolution w:s adopted 4t
such niecting by the vote drown above; and that said resolution has not been rescinded or amended in any way.
Dated, this day of 194_.
_r
man
*U.S. G.P.O. 1975-6(',5-664/1722 FEG.46 Title
k 4t
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN THE
EQUAL OPPORTUNITY AGREEMENT AND THE NONDISCRIMINATION AGREEMENT RE-
QUIRED BY FMHA, (FORMS FHA 400-1 AND FHA 400-4),
� � r
UNITED STATES DEPAR7MENT- Of' AGRICULTURE
Foin FHA 40P -I
(Rev. 6-26-72) FARMERS 1-110MV AD'Mf1d,SV?A'H0N
EQUAL OPPOWPUNITY AGIZEEMIE-NT
This agreement, dated ............ !�A �Ey-.11.... ............. _ ........................... __ .................................. between
BOARD OF COUNTY COMISSIONERS, Indian River Countv
.................... .... . .................................... . .. ............... ... . ...... . ...................................................... . . ................ . .......... ............ ....................
(herein called "Recipient" whether one or more) and the Farmers flume Administratiou, United States Deocrtment of
Agriculture, pursuant to the rules and regulations of the Secretary of Labor (herein called the 'Secretary) issued under tl,,e
authority of Executive Order 11246, as amended, witnesseth:
In consideration of financial assistance (whether by a loan, grant, loan guaranty, or other form of financial assistance)
made or to be made by the Farmers Horne Administration to Recipient, Recipient hereby agrees, if the cash cost of construction
work performed by Recipient or a construction contract financed with such financial assistance exceeds $ 10, 000 --un less
exempted by rules, regulations or orders of the Secretary of Labor issued persuant to Section 204 of Executive Order 11246 of
September 24, 1965.
1. To incorporate or cause to be incorporated into any contract for construction work, or modification thereof, subject
to the relevant rules, regulations, and orders of the Secretary Of of any prior authority that remain in effect-, which is paid
for in whole or in part with the aid of such financial assistance, the following "Equal Opportunity Clause":
During the performance of this contract, the contractor agrees as follows:
(a) The contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex or national origin. The contractor will take affirmative action to ensure that applicants ate employed,
and that employees are treated duri-,,g employment, without regard to their race, color, religion, sex or national
origin. Such action shall include, but not be limited, to the following: employment, upgrading, demotion or transfer-,
recruitment or recruitment advertising; layoff or termination; rates of pay or other fortrig' of Compensation; and
selection for training, including apprenticeship, The contractor agrees to post in conspicuous places, avrijejle
to employees and applicants for employment, notices to be provided by the Farmers Home Administration setting
forth the provisions of this nondiscrimination clau-4e.
(b) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor,
state that all qualified applicants will receive consideration for employment without regard to race, color, religion,
sex or national origin.
(c) The contrartor will send to each labor union or representative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice, to be provided by the Farmers Home Administration,
advising the said labor union or workers' repzeseyitative of the curztractor's commitments under this agreement as
required pursuant to section 202(:)- of Executive Order 11246 of September 24, 1965, and Miall post copies of the
notice in conspicuous places available to employees and applicants for employment.
M The contractor will'comply with all provisions of Executive Order 11246 of September 24, 1965, and of all ogles,
regulations and relevant orders of the Secretary of Labor and of any prior authority which remain in effect.
(e) The Contractor will furnish all information mid reports required by Executive Order 1.1246 of September 24, 1965,
rules, regulations, and orders, or pursuant thereto, ani will permit access to his books, records, and accounts by the
Farmers Home Administration, Office of Equal Opportunity, U. S. Department of Agriculture, and the Secretary of
Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(f) In the event of the contractor's noncompliance with the EIT-1al Opportunity (Federally Assisted Construction) clause
or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in
whole or in part and the contractor may be decloried ineligible for further Government Contracts or Federally Assisted
construction contracts in accordance with procedures authorized in Executive Order No. 11246 of September 114, 1965,
and such other sanctions may be imposed and remedies invoked as provided in Executive Order No. 11246 of
September 24, 1965, of by rule, regulation or order of the Secretary of Labor, or as provided by Law.
(g) The contractor will include the provisions of this Equal Opportunity (Federally Assisted Construction) clause in
every subcontract or purchase order, unless exempted by the rules, regulations, or orders of the Secretary of Labor
issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will
be binding upon each such subcontractor or vendor. The contractor will take such action with respect to any
subcontract or purchase order as the Farmers flume Administration may direct as a means of er.-fofcing such
provisions, including sanctions for noncompliance: eUvided, however, that in the event the contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the
Farmers Home Administration, the contractor may request the United States to enter into such litigation to protect
the interest of the United Stater.
Position 6 FHA 400-1 (Rev. 6-26-72)
,5 /
JAN91980 soon42: PAGE 487
JAN 91980
BOOK 42 PAGE 488
2. To be bound by the provisions of the Equal Opportunity Clause in construction work performed by Recipient and paid
for in whole or in part with the aid of such financial assistance.
3. To notify all prospective contractors to file the required `Compliance Statement', .Form FMA 400-6, with their bids.
4. Form AD --425, Instructions to Contractors, will accompany the notice of award of the contract.
Bid conditions for all nonexempt Federal and Federally assisted construction contracts require inclusion of the appropriate
"Hometown" or "Imposed" plan affirmative action and equal employment opportunity requirements. All bidders must Lmmply
with the bid conditions contained in the invitation to be considered responsible bidders and hence eligible for the award.
5. To assist and cooperate actively with the Farmers Home Administration and the Secretary in obtaining the compliance
of contractors and subcontractors with the provisions of the Equal Opportunity Clause and the said rules, regulations, and
orders, to obtain and furnish to the Farmers Home Administration and the Secretary, Form AD --550, Certification of
Nonsegregated Facilities, to submit the Monthly Manpower Utilization Deport, Optional Form 66, as required and such other
information as they may require for the supervision of such compliance, and to otherwise assist the Farmers home
Administratiorr in the discharge of its primary responsibility for securing compliance.
6. To refrain from entering into any contract, or extension or other modification of a contract, subject to such Executive
Order with a contractor debarred from Government contracts or federally assisted construction contracts pursuant to Part 11,
Subpart D, of such Executive Order -r to prier authority; and to cerry out such sanctions and penalties for violation of the
provisions of the Equal Oppertunity Clause as may be imposed upon contractors and subcontractors by the Farmers Home
Administration or tste Secretary pursuant to such Subpart D.
7. That if Recipient fails or refuses to comply with these undertakings, the Fanners Home Aemiristration may take any
or all of the following actions- (a) cancel, terminate, or suspend said financial assistance in whole or in part; (b) refrain
from extending any further assistance under the program involved until satisfactory assurance of future compliance has been
received from Recipient; and (c) refer the case to the Office of Equal Opportunity, U. S. Department of Agriculture for
appropriate action.
Witness the due execution hereof by Recipient on this, the date first above written.
Recipient Recipient
BOARD OF COUNTY C014MISSIONERS OF
IN TA%t _R_TjJER_ COUNT�s......s..
(CORPORATE SEAL) Name of Corporate Recip• nth e.
L ,r4 ii
Attest: /1 ( ! Byvc . /l Cha ' rman
Clerk Ll)8
Posithm 3
Form FILA 400-4
(12-29-64)
tINITED STATES DEPARTMENT OF AGRICULTURE
ISTRATION
FARIMERS 110.NIE AD-itN
NONDISCRIMINATION AGREEMENT
(Under Title VI, Civil PiFfiti Act of 11364)
..J-a,nuary .9, .1930
Name: ........ BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER..COUNTY ,.FLOR1,VA
.1 ....... - I . ... ........
Address:.. .... Vero Beach, Florida
............ .... * ..... ... I ....................................... ........... ........... ........ I ................. .................................. . ....... .............
(herein called "Recipient") in accordance with regulations ()wrein called "the regulations") of the Farmers lic -me Admin-
istration and the United States Department of Agriculture (he!ein called "the Department") issued pursuant to Title V1 of
Civil Rights Act of 1964 and in consideration of a loan or advance made or to be :Wade by the United State:; of America
acting through the Farmers Home Administration (herein calik.-A "the Government"), hereby covenants and agrees as follows:
1. Recipient shall comply with all provisions of the regulations and shall not, on the ground of race, color, or national
origin — —
(a) Deny, or cause to be denied, to any person, directly or indirectly, wholly or partially, any service, use, occupancy,
financial aid, or other benefit (herein called "benefits") of the whole or any portion of any property, facility.
structure, project, service, or activity which, directly of indirectly, wholly of partially, is provided with the aid
of the loan or advance (herein called "aided facility or activity"); or
(b) treat any person, or cause any person to be treated, differently from any other person with respect to any right or
opportunity to participate in the benefits of any aided facility or activity; or
subject any person, or cause.any person to bc subjected, to discrimination in any other manner in connection with
any aided facility or activity or the benefits thereof.
It is understood that employment i3 not within the scope of this agreement.
2. Any transfer of any aided facility or activity, other than personal property, by sale, lease, or other conveyance or
contract, shall be, and shall be made expressly, subject to the obligations of this agreement and transferee's
assumption thereof.
3. Recipient shall — —
(a) Keep such records and submit to the Government such timely, complete, and accurate compliance reports at such
times and in such form and containing such information as the Government may determine to be necessary to ascertain
Recipient's compliance with this agreement and the regulations; and
(b) permit access by authorized employees of the Farmers Horne Administration or the Department during, normal husiness
hours to such of Recipient's books, records, accounts, and other sources of information and its facilities as may
be pertinent to ascertaining such compliance; and
(c) make available to users, participants, beneficiaries, and other interested persons such information regarding the
provisions of this agreement and the regulations. and in such manner, as the Farmers Home Administration or the
Department finds necessary to inform such persons of the protection assured them against discrimination.
4. The obligations of this agreement shall continue — —
(a) As to any teal property, including any structure, provided with the aid of the loan tit advance, so long is such
real property is used for a purpose for which the loan or advance is made or which affords similar services or
benefits.
(b) As to any personal property provided with the aid of the loan or advance, so long as Recipient retains ownership
or possession of the property.
(c) As to any other aided facility or activity, until the last advance of funds under the loin of advance has been made.
FHA 400-4 (12-29-64)
,6— f -
BOOK PAGF M
JAN 91980
Pr—
JAN 91980
5. Upon any breach or violation of this agreement the Government may, at its option — —
Bow .2 PA,f 490
(a) Terminate or refuse to render or continue financial assi<<tance to RLcipient or for the aid of the property, facility,
project, service, or activity.
(b) Tn case of a loon, accelerate the maturity of the indebtedness.
(c) Appoint a receiver, or have a receiver appoi:ted, to take possession of and administer the aided facility or activity
in order to secure compliance with this agreement and the regulations. For this prrpcse Recipient hereby appoints
the Government its agent and atton:ey-in-fact with pc,wer, in cver.i of such breach or violation, so to take possession
of and administer or to ap,;yint such receiver. This appointment is coupled with an interest and shall be irrevocable
while the obligations of this agreement continue.
(d) Enforce this agreement by suit for specific pe:farmance or by any other evallable remedy under the laws of the
United "States or, the State in which tho breach or violation occurs.
Rights and reriedies provided for under this agreement shall be CUMUlatiVL.
In witness whereof Recipient, on this, the date first above written., has caused ibis agreement to be executed by its duly
authorized officers and its seal affil;cid hereto, or, if a nuturol person, has hereunto set Recipient's hand and seal.
P
BOARD OF COUNTY COPMISSIONERS OF
5 E A I.) INS RIMER , aN v, FL ORTDA
✓� , �/' �fP � R ecipienl
Attest: r t�' h__ /� •- f ,'t✓` g
y
Clerk (Title)
Chairman d (Title)
Recipient
a R ecipient
b
ATTORNEY COLLINS INFORMED THE BOARD THAT THE LEGAL SERVICES
AGREEMENT IS THE STANDARD FORM RECOMMENDED BY FMHA AND IT INCLUDES
BOTH THE BOND ATTORNEY AND THE LOCAL ATTORNEY. HE DID-NOT*BELIEVE
IT APPLIES TO INTERIM FINANCING.
ON MOTION BY COMMISSIONER LOY, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN THE
LEGAL SERVICES AGREEMENT AS DESCRIBED ABOVE.
Fr►HA Instruction 1942-A
(Guide 14)
UNITED STATES DEFAIMMENT OF AGRICULTURE
Farmers home Administration
LEGAL SERVICES liGItEaTENT
This agreement made this 2±h_ _ day of
19 between Indian River County, a political subdivision
of the State of Florida
(sponsors) (organizing co-amittee)(1s'ame of organization)
hereinafter referred to as Owners," and George G. Collins, Jr. �
attorney at law, of Vero Beach , hereinafter referred
to as "Attorney"
provide
WHEREAS, Owners are intending to (R xf d)
("public water supply
?"
district," "public service district," "not for profit corporation," or
, a
other official designation) ("body politic," "municipal.
corporation,"
"nonprofit
corporation,"
or other organization)
in Indian
River
County
Florida
9
under the provisions of
(Cite statute(s) under which applicant will b_-
organized)
e
P nd
organized)
WHEREAS, the Attorney agrees to perform all legal services necessary
to�r��g�c to provide the
v
water Service under the provisions of
(1-15-79) SPECIAL P,a 75
JAN 9190
BOOK. 4 :PAGE 491
8009. 42 FADE 492
(Guide 14) (Page 2) Fm11A Instruction 1942-A
said statutes and to perform all other customary -legal services necessary
to the organization., financing, construction, and initial operation of
a Wafter system;
WITNESSETH:
That for and in consideration of the mutual covenants and promises between
the parties hereto, it is hereby agreed:
SECTION A -LEGAL SERVICES
That the Attorney will perform such services as are necessary to accomplish
the above recited objectives including, but not limited to, the following:
1. Preparation and filing of petition for incorporation and
sup, zvision and assistance in the taking of such other actions
as may be necessary or incidental to cause the Owners to become
duly organized ar+d Incorporated and to be authorized to undertake
the proposed system.
2. Furnish advice and assistance to the governing body of the daily
incorporated association in connection with (a) the notice for and
conduct of meetings; (b) the preparation of minutes of meetings;
(c) the preparation and enactment of such resolutions as may be
necessary in connection with the authorization, financing,
construction, and initial operation of the system; (d) the preparation
of such affidavits, publication notices, ballots, reports,
certifications, and other instruments and advice as may be needed
in the conduct of such bond elections as may be necessary; (e)
the preparation and completion of such bonds or other obligations
as away be necessary to finance the system; (f) the completion and
execution of documents for obtaining a loan made or insured or
a grant made by the United States of Aeterica, acting through the
Farmers Home Administration, U. S. Department of Agriculture;
(g) entering; into construction contracts; (h) preparation and
adoption of Sy -Laws, Rules and Regulations, and rate schedules;
(i) such other corporate action as may be necessary in connection
with the financing, construction, and initial operation of the system.
FmRA Instruction 1942-A
(Guide 14) (Page 3)
3.
Review of construction cantracts, bid-lettln;; procedure, rind
surety and contractual bonds In connectlon therewith.
4.
Preparation, negotiatioa, or review o2l contract with a city or
other source of water Fupply when aecessary.
5.
Preparation, where necessary, and review of deeds, easements
and other rights-of-way documents, and other instruments for
sites for source of water supply, pimping stations, treatment
plants, and other facilities necessary to the system and to provide
continuous rights--of-way therefor; rendering title opinions
with reference thereto; and providing for the recordation thereof.
6.
Obtain necessary permits and certificates from county and municipal
bodies, from State regulatory agencies, and from other public
or private sources with respect to the approval of the system,
the construction and operation thereof, pipeline.crossings, and
the like.
7.
Cooperate with the engineer employed by Owners in cennection
with preparation of tract sheets, easements, and other necessary
title documents, construction contracts, water supply contracts,
health permits, crossing permits, and other inatru=ents.
8.
Vffien applicable, secure assistance of and cooperate with recognized
bond counsel In the preparation of the documents necessary for
the financing aspects of the system. The attorney shall pay
all bond counsel in perfecting the financing aspects, e*So,
assessment procedures and completion of documents. Wlere bond
counsel is retained, the Attorney will not be responsible for the
preparation and approval of those documents pertaining to the
issuance of the O%mer's obligations.
SECTION B - COMPENSATION
1. Owners will pay to the Attorney for professional services rendered
in accordance herewith, fees as follows:
$35,000-00
Said fees to be payable in the following manner and at the following
times:
30% on cOmPletion of Items 1-4
01-1 COMPIetaion of Items 5-7
SPICUL PH
Boox 42. FAcF 493
JAN 91980 Boa 42 ?AcF494
-41_-
FmiiA IE:struction 1942-A
(Guide 14) (Page 4)
40% on Completion of Item S and_3o-d Validat zi
SECTION C - on!ER PROVISIONS
1. That upon organization and incorporation the association shall
by appropriate resolution adopt and ratify this: Agreement, that
the association s:hal_l be substituted for the individual Others
as a party to this Agreement, and that the Owners as individuals
shail thereupon be relieved of all personal liability existing
or arising from this Agreement.
2. That upon organization and incorporation should the association
fail or refuse to adopt and ratify this Agreement by ,appropriate
resolution within _ days from the date of the commencement
of its legal existence, this Agreement shall terminate and Owners
shall be liable to the Attorney for payment of $ ,
which sum represents payment in full for the organization and
incorporation of the association and for all other legal services
rendered to Owners under the terms of this Agreement to the date
of said termination. 0
ATTEST-
Clerk
TTEST:C er
00o
Att ney:
v
Owners:
MeN
- W
J. B. EGAN, III, CHAIRMAN OF THE HOUSING AUTHORITY,
INFORMED THE BOARD THAT HE DOES NOT KNOW AT THIS POINT WHAT TO RE-
QUEST FOR INTERIM FUNDING. HE WOULD LIKE TO BE ABLE TO HIRE A
PART-TIME SECRETARY FOR SIX MONTHS UNTIL THEY SEE WHAT THEY ARE
GOING TO DOF AND THEY ARE JUST NOW GETTING AN EDUCATION AS TO HOW._
TO GO ABOUT THIS. SOME COUNTIES HAVE LOANED MONEY TO THE HOUSING
AUTHORITY AND SOME HAVE GIVEN IT. MR. EGAN STATED THAT HE HAS HAD
AN OFFER OF A VOLUNTEER SECRETARY, WHICH MAY SUFFICE. HE CONTINUED
THAT THEY ARE HAVING THEIR FIRST MEETING MONDAY NIGHT, JANUARY 14TH.-
AND
4TH,
AND HE WOULD LIKE TO BE IN A POSITION, IF THE VOLUNTEER OFFER FALLS
THROUGH, TO HIRE A PART-TIME SECRETARY. HE CONTINUED THAT THEY
WILL HAVE A MEETING ONCE A MONTH AND ASKED IF THERE IS A PLACE TO
OBTAIN FUNDS FOR A PART-TIME SECRETARY, AND ALSO A DESK, SOME OFFICE
EQUIPMENT, SUPPLIES, ETC.
COMMISSIONER LYONS COMMENTED.THAT IN THE LONG RUN, THE
HOUSING AUTHORITY WILL BE ON ITS OWN, BUT IN THE MEANTIME, THEY NEED
TO GET STARTED.
COMMISSIONER LOY FELT THAT THIS GROUP SHOULD HAVE THEIR
OWN SECRETARY, WHETHER A VOLUNTEER OR PART-TIME PERSONNEL, UNTIL
THEY NEED SOMEONE FULL TIME. SHE NOTED THAT THE INFORMATION THEY
ARE GATHERING NEEDS TO GO INTO THEIR FILES, AND SHE BELIEVED THE
COUNTY COMMISSION IS NOT MEANT TO HAVE TOO MUCH INFLUENCE OVER THE
HOUSING AUTHORITY AND THAT THEY SHOULD GET STARTED ON THEIR OWN,
COMMISSIONER Loy SAID IT WAS HER UNDERSTANDING THAT THE COMMUNITY
DEVELOPMENT OFFICE DOES HAVE OR CAN MAKE A DESK AVAILABLE. SHE
FELT THAT IS AN AGENCY THAT, IN THE LONG RUN, WOULD BE WORKING
CLOSELY WITH THE HOUSING AUTHORITY AND POSSIBLY. WE COULD MAKE ARRANGE-
MENTS FOR THEM TO HAVE A SPACE THERE TO GET STARTED. SHE ASKED IF
THE BOARD CAN LOAN THE HOUSING AUTHORITY FUNDS TO BE PAID BACK AT A
LATER DATE.
ATTORNEY COLLINS BELIEVED THAT THE BOARD CAN DO SO, AND
CHAIRMAN SIEBERT AND COMMISSIONER LYONS AGREED.
JAN 91980 79 BOOK 4 eAA95
JAN 91980 BOOK 42 pace 4,96
COMMISSIONER WODTKE ASSUMED THAT MR. EGAN AND THE OTHER
MEMBERS HAVE RECEIVED SOME KIND OF COMMUNICATION FROM THE GOVERNOR
STATING THAT THEY HAVE BEEN APPOINTED, AND MR. EGAN CONFIRMED THAT
THEY HAVE. HE STATED THAT HE HAS BEEN INFORMED THAT HE IS A MEMBER.-
BUT
EMBER,
BUT THERE IS NOTHING INDICATING THAT HE IS CHAIRMAN: HE IS JUST
ASSUMING THAT HE IS. IN FURTHER DISCUSSION, IT WAS NOTED THAT THE
BOARDS RESOLUTION INDICATED THAT HE WOULD BE CHAIRMAN, AND APPARENTLY
THE GOVERNOR IS NOT DISPUTING THAT.
COMMISSIONER LOY ASKED COMMISSIONER LYONS IF HE FELT
COMMUNITY DEVELOPMENT WOULD HAVE SOME TIME TO HELP THE HOUSING
AUTHORITY GROUP GET STARTED.
COMMISSIONER LYONS FELT THAT THEY WOULD AND THAT POSSIBLY
THEY COULD SUPPLY STENOGRAPHIC SERVICE FOR A FEW MONTHS, BUT HE ALSO
SUGGESTED WE MAKE A CERTAIN SUM OF MONEY AVAILABLE TO THE HOUSING
AUTHORITY BECAUSE THERE WILL BE SOME EXPENSES - TRAVEL, STATIONERY.-
SUPPLIES,
TATIONERY,
SUPPLIES, ETC.
COMMISSIONER LOY FELT WE SHOULD JUST INDICATE TO MR. EGAN
THAT WE WILL MAKE SOME FUNDS AVAILABLE ON A LOAN BASIS AND HAVE
HIM SUBMIT SOME KIND OF A TENTATIVE BUDGET, WHICH -HE COULD WORK
OUT WITH THE FINANCE OFFICER.
CHAIRMAN SIEBERT AGREED THAT WE SHOULD HELP THE HOUSING
AUTHORITY INITIALLY TO GET THEM OUT ON THEIR OWN, BUT THEN SHOULD
NOT CO -MINGLE THESE DEPARTMENTS.
THE CHAIRMAN INSTRUCTED ADMINISTRATOR JENNINGS TO CONTACT
COMMUNITY DEVELOPMENT DIRECTOR ED REGAN IN REGARD TO THE ABOVE
ARRANGEMENTS.
PLANNING DIRECTOR REVER INTRODUCED NEW PLANNING STAFF
MEMBER VICKIE RENNA TO THE BOARD. MS. RENNA IS REPLACING 14ENDY
LANCASTER, WHO RETURNED TO COLLEGE.
MR. REVER NOTED THAT THE MATTER OF RESUBDIVIDING LOTS I
AND 7 OF ORANGE TERRACE SUBDIVISION AS REQUESTED BY FRANK ZORC AND
DISCUSSED AT THE LAST MEETING WAS REMANDED TO HIS DEPARTMENT FOR
STUDY AND RECOMMENDATION, AND HE HAS PREPARED THE FOLLOWING MEMO:
January 3,, 1980
MEMO
TO:
Indian
River
Board
of County
Commissioners
FROM:
Indian
River
County
Planning
Department
SUBJECT: Request to resubdivide Lots 1 and 7 of Orange Terrace and report
on the effect of resubdividing of the remaining lots of the same
subdivision
In accordance with Section 22-62 of County Ordinance 75-3, the applicant is
asking for resubdivision of Lots 1 and 7 in Orange Terrace,a recorded sub-
division in the county. The applicant has submitted plans for that resub-
division to the County Planning Department for review and recommendation as
requested by the County Commission.
Review of the proposal indicates that most of the physical changes necessary
to accomplish the new lot configuration have been incorporated into the plan.
Such improvements include:
1) Providing indirect access to 6th Avenue from Lots lA and 7A via
14th and 13th. Streets respectively.
2) Indicating a 10' non -access easement parallel to 6th Avenue on
all lots facing that road.
3) Showing the use and location of culverts'in the driveway access
to the properties involved.
Conversely the division of the lots are not as proportionally equal as they
could be. Lots 1 and lA could be 110' x 140' and 110' x 135' instead of the
measurements shown and still meet _the zoning requirements,accommodating 4 units
on Lot 1 and 3 units on Lot 1A. The same is true for Lots 7 and 7A where lots
of equal size can each support 4 units and meet all other zoning criteria.
The driveways shown on the plan should actually be constructed as half streets
for the entire length of Lots lA and 7A, with entrances providing access from
the street.
While the physical requirements for accomplishing this proposal have been
addressed, there are other considerations to be dealt with here. The ordinance
states that the new lots created should be consistent with the other lots in
the subdivision. while the proposed design would be balanced along 6th Avenue,
the new lots are not consistent with the remaining lots.
DAVID M. REVER • DIRECTOR
2121 14T' -+AVE. VERO BEACH, FL 32960 • 305/567-5142
JAN 9 X980 81 roc- $2 _eacF 407„
JAN 91980 Boa 42 FACE 498
Page -2-
The department is concerned about the piecemeal type of resubdivision which
this proposal is an example. In this case, further resubdivision could be
requested at a later time for any of the remaining undeveloped lots. The
logistics of such a proposal would place an unneeded burden on the County to
assure consistency and the proper provision of roads and drainage. It should
also be noted that Lot 9 is already developed as a single entity and several
others, Lots 3, 4, 8, and 10 have been approved for similar development, so
that resubdivision of the remaining lots would compound inconsistency. The
original subdivision was approved on the basis of certain lot configuration
with regard to roads, drainage, traffic access, density, etc. Any changes
begin to infringe upon the unity of the approved design and it becomes more
relevant to consider a replatting of the parcel as a whole if more than a few
simple line changes are contemplated.
The case in question here poses a problem not in the division of the lots but,
(1) in redesign or additional design for supporting facilities, i.e. roads,
drainage, etc., and (2) that granting such a request would set a precedent for
similar considerations on other parcels in the future.
The staff recommendations are as follows:
1) Deny this specific request because of: (A) the inconsistency created
with the remaining lots, particularly those already developed or
approved for construction, (B) the precedent for further piecemeal
requests.in this and other subdivisions, and (C) the need to consider
total needs for and effects on drainage, traffic, density, etc.
2) While there may be cases where resubdivision is workable, it is more
likely that a replatting is the more feasible alternative. Sub-
divisions are created, reviewed and approved as a unity and except
under_ special conditions should be treated as such once they are
approved. It is understood that the ordinance under which the present
case is being considered (Sec. 22-62 of 75-3, I.R.C. Codes) was created
over concern for arbitrary division of lots in subdivisions by individ-
uals. It is the opinion of the Planning Department that a situation
such as noted above should be avoided. Persons buying in a subdivision
normally do so because of the nature and location of the development,
and it is reasonable for them to expect the continuance of the approved
design. Changes should be considered and approved with great care.
DMR: jt 4��
PLANNING DIRECTOR REVER SUMMED UP HIS MEMO, STATING THAT
IT IS THE STAFF S FEELING THAT THERE ARE OVERRIDING CONSIDERATIONS
ON THE COUNTY'S PART THAT WE COULD SET A PRECEDENT AND OPEN THE
DOOR FOR THIS TO HAPPEN IN OTHER SUBDIVISIONS, AND THEY, THEREFORE,
RECOMMEND GOING TO REPLATTING.
CHAIRMAN SIEBERT ASKED WHETHER WE ARE GOING TO WANT A
PUBLIC HEARING ON THIS REQUEST, NOTING THAT IF WE DO, NOTICES MUST
BE SENT OUT.
FRANK ZORC STATED THAT IF A PUBLIC HEARING IS REQUIRED,
THEY CAN ACCEPT THAT. HE CONTINUED THAT IN THIS INSTANCE ALL THE
LOTS I -N THE SUBDIVISION ARE OWNED BY THE ORIGINAL DEVELOPERS, AND
HE ACTS AS TRUSTEE FOR THE OWNER OF LOT 9 AND HAS A LETTER FROM HIM
SUPPORTING SUBDIVIDING OF THE LOTS AS REQUESTED.
ATTORNEY COLLINS STATED -'THAT THE ORDINANCE DOES CALL FOR
WRITTEN NOTICE. HE BROUGHT UP THE UTILITY ASPECT OF THIS SITUATION,
NOTING THAT THE BOARD PASSED A RESOLUTION ESTABLISHING THAT ANY
DEVELOPMENT OF FOUR UNITS OR MORE HAD TO HAVE A CENTRAL WATER SUPPLY,
AND THE REASON FOR THIS WAS TO HAVE THE ABILITY TO METER THE SEWAGE.
THE ATTORNEY CONTINUED THAT, AS HE UNDERSTANDS IT, MR. ZORC'S PROJECT,
EVEN IF THE LOTS WERE DIVIDED, WOULD HOOK ONTO THE FORCE MAIN, BUT
STILL WOULD HAVE WELLS; THEREFORE, BY APPROVING THE DIVISION OF THE
LOTS, THE BOARD WOULD BE APPROVING WELLS AND WOULD HAVE TO DETERMINE
A METHOD OF MONITORING THE SEWAGE FLOW, HE FELT THAT ALTHOUGH THIS
IS NOT THE DIRECT ISSUE, IT IS QUITE MATERIAL.
COMMISSIONER WODTKE ASKED MR. ZORC IF THEY WERE GOING TO
HAVE A SEWAGE FLOW METER ON EACH LOT, AND MR. ZORC BELIEVED THEY
WOULD.
RELIABLE.
ATTORNEY COLLINS NOTED THAT IS VERY EXPENSIVE AND NOT TOO
MR. ZORC STATED THAT HE HAS A PARTY WHO WOULD LIKE TO
BUILD A DUPLEX AND A FOUR-PLEX ON ONE LOT, AND HE COULD PROBABLY DO
IT LEGALLY RIGHT NOW WITHOUT ANY DIVISION OF THE LOT, BUT HE WANTS
THE OWNERSHIP TO BE DIVIDED BETWEEN HIMSELF AND HIS SON; THEREFORE,
HE MADE THE REQUEST TO HAVE THE LOT DIVIDED SO HE CAN BUY ONE PORTION
AND HIS SON BUY THE OTHER.
ATTORNEY COLLINS FELT THE REAL REASON HE WANTS TO DO THAT
IS HE WANTS TO PUT WELLS DOWN AND DOESNIT WANT TO PARTICIPATE IN
A CENTRAL WATER SYSTEM.
ROBERT-CUMMINGS, INVESTOR IN ORANGE TERRACE, COMMENTED THAT
THE IDEAL SITUATION WOULD BE TO HAVE MUNICIPAL WATER IN THE AREA.
HE NOTED THERE IS A COUNTY LINE RUNNING DOWN SIXTH AVENUE AND ASKED
IF THE COUNTY DOESN'T HAVE SOME WATER AVAILABLE THAT CAN BE USED IN
THIS AREA.
It
JAN 9 19 0 83 BOOK, 42 PACE 499
I
JAN 91980
BOOK 42 PAGE 500
ATTORNEY COLLINS INFORMED HIM THAT WE HAVE A SPECIFIC
AGREEMENT WITH THE CITY THAT WE CANT HOOK ON ANYONE ELSE.
MR. ZORC STATED THAT THE COUNTY DOES HAVE WATER, NOTING
THAT AN ALLOCATION WAS GIVEN TO A NURSING HOME RECENTLY.
ATTORNEY COLLINS EXPLAINED THE ONLY REASON WE COULD DO
THAT IS THE WATER PLANT IS RIGHT THERE. THE COUNTY DOES NOT HAVE
THE ABILITY TO SUPPLY THE WATER ALL THE WAY OVER TO WHERE CSR. ZORC'S
PROJECT IS.
MR. ZORC ASKED, IN THE EVENT THE CITY WOULD ALLOCATE SOME
WATER TO THE 6TH AVENUE LINE, WHETHER THE COUNTY WOULD AGREE TO
THAT, AND CHAIRMAN SIEBERT FELT NOT BECAUSE WE ARE RIGHT IN THE
MIDDLE OF REVIEWING THAT WHOLE PROCESS AND TRYING TO REACH NEW AGREE-
MENTS WHICH MIGHT SOMEDAY RESOLVE EVERYTHING,AND THESE AGREEMENTS
ARE OF MUCH GREATER IMPORTANCE THAN ANY INDIVIDUAL PROPERTY OWNER.
COMMISSIONER WODTKE FELT AS WE RESOLVE THESE SERVICE AREA
PROBLEMS, THERE MAY BE ADDITIONAL WATER AVAILABLE, BUT CHAIRMAN
SIEBERT POINTED OUT THAT AT NO TIME WAS THERE EVER ANY DISCUSSI.ON
ABOUT TRANSFERRING WATER FROM ONE AREA TO ANOTHER.
COMMISSIONER LYONS AGREED.. HE EMPHASIZED THAT WE ARE
RIGHT IN THE MIDDLE OF NEGOTIATIONS AND STATED THAT UNTIL SUCH TIME
AS ARRANGEMENTS ARE SOLIDIFIED BETWEEN THE COUNTY, THE CITY OF VERO
BEACH, INDIAN RIVER SHORES, SOUTH BEACH, ETC., HE WOULD NOT, UNDER
ANY CIRCUMSTANCES, WANT TO CONSIDER ANYTHING THAT MIGHT UPSET THE
APPLE CART.
MR. ZORC NOTED THAT HE HAS INVESTED A GREAT DEAL OF MONEY
IN THIS LAND AND COMPLIED WITH ALL REGULATIONS, AND THEY ARE ALLOWED
TO USE A WELL FOR FOUR UNITS. HE NOTED THAT HIS BUYER WISHES TO
USE A WELL FOR TWO UNITS AND A WELL FOR FOUR UNITS, WHICH WOULD PUT
THE DENSITY AT SIX INSTEAD OF EIGHT. HE FELT THEY ARE TRYING TO
DO THIS ENTIRELY ABOVE BOARD ACCORDING TO THE ORDINANCE, AND THAT
THE BREAK-UP ACTUALLY WOULD BE BETTER.FOR THE AREA.
COMMISSIONER Loy STATED THAT IF THE REST OF THE BOARD
WISHED TO HOLD A PUBLIC HEARING, SHE WOULD GO ALONG WITH IT, BUT
SHE WOULD PREFER TO -FOLLOW STAFF RECOMMENDATION AND DENY THIS;REQUEST
RATHER THAN SET A PRECEDENT AND USE THE RESOLUTION TO GET AROUND
THE INTENT OF THE REGULATIONS.
MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMIS-
SIONER DEESON, TO DENY THE REQUEST FOR A PUBLIC HEARING ON RESUB-
DIVIDING LOTS 1 AND 7 IN ORANGE TERRACE SUBDIVISION.
ATTORNEY COLLINS FELT, FROM A DUE PROCESS STANDPOINT,
PROBABLY A PUBLIC HEARING SHOULD BE HELD, BUT FELT IF THE APPLICANT
UNDERSTANDS THE SENTIMENTS OF THE BOARD, HE MIGHT PREFER NOT TO GO
AHEAD WITH A PUBLIC HEARING.
COMMISSIONER Loy WITHDREW HER MOTION AND COMMISSIONER
DEESON WITHDREW HIS SECOND.
FRANK ZORC STATED THAT HE WISHED TO HAVE A PUBLIC HEARING.
MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY
COMMISSIONER Loy, TO AUTHORIZE PROPER NOTICE OF A PUBLIC HEARING
AS REQUESTED BY MR. ZORC AS DISCUSSED ABOVE, TO BE HELD JANUARY 23,
1980 AT 11:30 O'CLOCK A.M.
ATTORNEY COLLINS FELT THE BURDEN SHOULD BE PUT ON THE
APPLICANT TO MAIL THE NOTICES AND NOTIFY ALL THE BENEFICIAL OWNERS,
CHAIRMAN SIEBERT AGREED AND STATED THAT HE WISHED MR. ZORC
TO HAVE THE RECEIPTS CERTIFYING THAT THESE NOTICES HAVE BEEN MAILED
IN THE COMMISSION OFFICE NOT LATER THAN NEXT WEDNESDAY WHEN THE
AGENDA IS SET.
COMMISSIONER LYONS STATED IN THAT CASE HE WOULD VOTE
AGAINST THE MOTION AS HE DID NOT FEEL THE APPLICANT SHOULD HAVE TO
MAIL THE NOTICES, WHICH IS AN UNUSUAL SITUATION.
ATTORNEY COLLINS AGREED IT IS UNUSUAL, BUT FELT IT IS
COMPARABLE TO REQUESTS FOR FRANCHISES WHERE THE BURDEN OF NOTICING
IS ON THE REQUESTOR.
THE CHAIRMAN CALLED FOR THE QUESTION. IT CARRIED WITH
COMMISSIONER LYONS VOTING IN OPPOSITION.
ATTORNEY SAM BLOCK CAME BEFORE THE BOARD REPRESENTING
KENNETH SCHINDLER IN HIS APPEAL OF THE PLANNING & ZONING COMMISSION'S
ADVERSE DECISION REGARDING HIS SITE PLAN, AS EXPLAINED IN THE
FOLLOWING LETTERS:
JAN 91980 85 BOOK 501
F,
JAN
LAW OFFICES
VOCELLE, GALLAGHER & BLOCK
401 COMMERCIAL BANK BUILDING
POST OFFICE BOX 1900
VERO BEACH, FLORIDA 32960
JAMES T. VOCELLE
FRED T. GALLAGHER
SAMUEL A. BLOCK
Mr. Jack Jennings
County Administrator
Indian River County Courthouse
Vero Beach, Florida 32960
BOOK 42 PACE 502
September 26, 1979
TELEPHONE
(305) 567-3424
Dear Mr. Jennings:
This firm represents Kenneth Schindler, the owner of approximately
two acres located on the East side of 6th Avenue, on the corner of
6th Avenue and U. S. #1.
For some time my client has been interested in developing this pro-
perty into a shopping center. As everyone is aware, the corner of
6th Avenue and U. S. #1 creates a traffic hazard. My client has
been notified that the County would be interested in correcting
this hazard by changing the intersection to a more acceptable loca-
tion. My client has also been notified that the County is interested
in aligning the new intersection with a future road which would be
used to connect Indian River Boulevard. Therefore, it is my opinion
that both the County and my client would have a great interest in
having this problem resolved in a"reasonable manner.
The property which would serve as an ideal location for the inter-
section and approach to the intersection is owned by Mrs. Ota Boyles,
600 8th Street, Vero Beach, Florida. My client has attempted to pur-
chase her property several times and you will find enclosed a copy
of the most recent letter in this effort. You will note that it
appears that a purchase from Mrs. Boyles is not a realistic approach.
Therefore, on behalf of my client, we would suggest that the County
consider a possible condemnation suit.
I would request at this time that a meeting be set to discuss this
situation. I might further suggest that the County Planner be pre-
sent so as to give his imput. Please notify this office if and when
this matter can be arranged.
Very truly yours,
/bb Samuel A. Block
_CC: cc : Mr . Dave Revers
JAMES T. VOCELLE
FRED T. GALLAGHER
SAMUEL A. BLOCK
LAW OFFICES
VOCE LLE, GALLAGHER & BLOCK
401 COMMERCIAL BANK BUILDING
POST OFFICE BOX 1900
VERO BEACH, FLORIDA 32960
December 17, 1979
Mr. William C. Wodtke, Jr.
Chairman
Board of County Commissioners
Indian River County
Vero Beach, Florida 32960
Dear Mr. Wodtke:
CpU
r•
�N �
^fl�SS1pN� rf •.; ,
TELEPHONE
(305)567-3424
This is to notify you that Kenneth Schindler files an appeal
of the adverse decision given by the Parks Planning and Zon-
ing Board on December 13, 1979, in connection with his Site
Plan Application No. 79-32.
I request on behalf of Mr. Schindler to be placed on the
agenda at the next regularly scheduled meeting of the County
Commission so as to review this matter.
It is my client's position that his site plan has met all of
the requirements provided by the ordinances, except for the
provision dealing with ingress and egress causing a hazardous
condition upon the roadways.
I might remind the Board that this site is on the corner of
6th Avenue and U. S. #1, which corner is a definite hazard.
My client has gone out of his way to attempt to.resolve:this
traffic situation. However, the County has not been willing
to respond in any way. I call your attention to a letter writ-
ten to the County Administrator, dated September 26, 1979, re-
questing a meeting so as to work out an equitable solution to
this problem. As of this date we have had no response from any
county official. We have done everything possible in an attempt
to rectify the situation and feel that it is encumbent upon the
Commissioners to take the necessary steps which are within their
power so as to bring a safe condition to this area, thereby
allowing further development in the area which would include
my client's project.
Awaiting your reply, I remain
Very truly yours,
/bb Samuel A. Block
PLANNING DIRECTOR REVER REVIEWED THE HISTORY OF THIS
APPEAL AND STATED THAT HE AND ADMINISTRATOR JENNINGS HAVE DISCUSSED
THE PROBLEM AND FEEL THERE ARE SOME WAYS IT COULD BE WORKED OUT,
BUT THAT IT IS A BOARD DECISION.
JAN 919oo 87
BOOK - 42 PACE 503
I
JAN 91980 BODK 42 PAGE 504
ATTORNEY COLLINS REQUESTED THAT MR. REVER COMMENT ON THE
VOTE OF THE PLANNING & ZONING COMMISSION ON THIS MATTER.
MR, REVER EXPLAINED THAT MR. D. B. SMITH, THE NEWEST
MEMBER OF THE PLANNING & ZONING COMMISSION, OWNS LAND NEAR THE SITE
IN QUESTION AND FELT IT MIGHT BE A CONFLICT OF INTEREST. ATTORNEY
BROWN DID NOT FEEL THERE WAS A CONFLICT OF INTEREST, BUT MR. SMITH
DECIDED NOT TO VOTE ANYWAY, AND IT APPEARS AS AN ABSTENTION.
ATTORNEY COLLINS COMMENTED THAT THE COMMISSION HAS NOT HAD
AN APPEAL OF A SITE PLAN SINCE THE ORDINANCE WAS REDRAFTED. THE
ORDINANCE READS THAT NOTICE WILL BE GIVEN IN A MANNER SATISFACTORY
TO THE BOARD. HE ASKED IF THE BOARD WAS SATISFIED THAT THE AGENDA,
WHICH IS AVAILABLE TO THE.PRESS, IS SATISFACTORY NOTICE. HE FELT
THAT WE NEEDA STANDARD TO GO BY.
PLANNING DIRECTOR REVER STATED THAT THE PLANNING DEPARTMENT
IS PREPARED TO GO ALONG WITH THE PROCESS AND HAS ALL THEIR MATERIAL,
BUT HE WOULD LIKE TO HAVE A KNOWN PROCEDURE IN ORDER TO BE ABLE TO
INFORM THE APPLICANT AND TO BE SURE THEMSELVES EXACTLY HOW TO PROCEED.
SENIOR PLANNER MARSH ALSO FELT THERE IS A NEED TO ESTABLISH
A NOTIFICATION PROCESS FOR SITE PLAN APPROVAL APPEALS.
COMMISSIONER LYONS WAS OF THE OPINION THAT THIS IS JUST
A NORMAL NEXT STEP IN THE WHOLE PROCESS AND FELT IT IS CONSISTENT
WITH OUR OTHER PROCEDURES.
COMMISSIONER WODTKE EXPRESSED CONCERN ABOUT REACHING
SURROUNDING PROPER OWNERS IF IT WERE A LARGE SITE PLAN WHICH WOULD
HAVE A GOOD DEAL OF IMPACT, BUT COMMISSIONER LYONS NOTED THAT THE
MINUTES ARE AGENDAED AND ARE PUBLIC.
PLANNING DIRECTOR REVER ALSO POINTED OUT THAT ANYTHING OF
THAT MAGNITUDE GOES BEFORE THE SUBDIVISION REVIEW COMMITTEE AND HAS
TECHNICAL INPUT ALONG THE WAY.
IN FURTHER DISCUSSION, IT WAS NOTED THAT OCCASIONALLY THE
ZONING BOARD HAS DECIDED THAT A PARTICULAR MATTER SHOULD HAVE A
PUBLIC HEARING AND CALLS FOR IT EVEN THOUGH PROCEDURE DOES NOT
REQUIRE IT.
COMMISSIONER LOY FELT IT IS -INHERENT ON US TO REMEMBER'
THAT SITE PLAN APPEALS DO NOT CALL FOR NOTICE TO ANYONE.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AGREED -THAT IN THIS PARTICULAR APPEAL BY
MR. SCHINDLER, WE HAVE HAD SUFFICIENT NOTICE OF THIS HEARING BY IT
BEING PUBLISHED ON THE AGENDA AND RATIFIED BY THE APPLICANT, BUT
THAT IF WE HAVE A CASE WHERE WE WANT TO ADVERTISE IT FOR PUBLIC
HEARING, WE CAN SET A DATE AND DO SO.
ATTORNEY BLOCK AGREED THAT THERE HAS BEEN SUFFICIENT NOTICE
AND NOTED THAT THE PRESS HAS COVERED IT BOTH IN THE NEWSPAPERS AND
ON THE RADIO. MR. BLOCK INFORMED THE BOARD THAT THE SITE PLAN IN
QUESTION WAS SUBMITTED TO THE PLANNING DEPARTMENT LAST MAY STH;
THEY HAD WORKED FOUR MONTHS PREVIOUS TO THAT WITH ADMINISTRATOR
.KENNINGS; AND THEY ARE HERE TODAY STILL TRYING TO GET SOMETHING
ACCOMPLISHED. HE NOTED THAT MR. SCHINDLER OWNS TWO ACRES ON THE
SOUTHEAST CORNER OF 6TH AVENUE AND U.S. 1, AND INGRESS AND EGRESS
HAS BEEN A PROBLEM SINCE THE BEGINNING BECAUSE THIS IS A HAZARDOUS
INTERSECTION, BUT HE BELIEVED IT HAS BECOME MORE OF A HAZARD AS 6TH
AVENUE HAS DEVELOPED TREMENDOUSLY. ATTORNEY BLOCK POINTED OUT THAT
THIS IS C-1 PROPERTY; THEY MEET THE STANDARDS AND WOULD BE WILLING
TO MEET ANY FURTHER IMPOSED STANDARDS IN ORDER TO HAVE THIS SITE
PLAN APPROVED; AND IN ADDITION, THEY HAVE ATTEMPTED TO BUY PROPERTY
TO CORRECT THE.ANGLE OF THE INTERSECTION AS ADVISED, BUT HAVE BEEN
UNABLE TO DO SO AT A REASONABLE PRICE. HE CONTINUED THAT THEY WOULD
LIKE TO COME TO SOME CONCLUSION TO SOLVE THIS PROBLEM AND AGREED
HIS CLIENT WOULD BE A BENEFICIARY OF SOLVING IT, BUT HE QUESTIONED
IF IT IS INCUMBENT ON THE PROPERTY OWNER TO REALIGN THIS STREET
THAT AFFECTS EVERYONE IN THE COUNTY.
CHAIRMAN SIEBERT ASKED IF MR. BLOCK REALLY FELT IT IS
THE COUNTY'S RESPONSIBILITY TO MAKE THAT PROPERTY ACCESSIBLE FOR A
SHOPPING CENTER , AND ATTORNEY COLLINS POINTED OUT THAT THAT PROPERTY
IS ALREADY DEVELOPED AND MR. SCHINDLER BOUGHT THE PROPERTY KNOWING
THE PROBLEM THAT EXISTED.
JAN 91980
.•
low 19, MC695
JAN 9199®
BOOK 42pgE 506
COMMISSIONER LOY AGREED THAT SIXTH AVENUE IS ONE OF OUR
PROBLEMS AND HAS BECOME A MAJOR PROBLEM, BUT NOTED THAT THERE ARE
A NUMBER OF PIECES OF PROPERTY IN THIS COUNTY THAT CAN'T BE DEVELOPED
FOR ONE REASON OR ANOTHER. SHE CONTINUED THAT THIS PROBLEM MUST BE
PUT IN LINE WITH OTHER PRIORITIES, AND IF THE DEVELOPERS WISH TO GO
ON WITH THEIR PROJECT RIGHT NOW, THEN SHE FELT IT IS THEIR RESPONSI-
BILITY TO SOLVE THE PROBLEM.
ADMINISTRATOR JENNINGS DISCUSSED THE DANGERS OF THE INTER-
SECTION AND FELT THE ONLY PRACTICAL SOLUTION IS TO HAVE A DIFFERENT
ANGLE INTO U. S. 1. HE PERSONALLY FELT THE INTERSECTION SHOULD BE
CLOSED COMPLETELY.
CHAIRMAN SIEBERT NOTED THAT THIS INTERSECTION HAS BEEN
DISCUSSED ON MANY OCCASIONS, AND HE PERSONALLY FELT IF WE CREATE A
goo ANGLE SOMEWHERE, IT WON'T BE RIGHT THERE BECAUSE IT WOULD BE
NOTHING BUT A PROBLEM TO HAVE THE PACKING COMPANY ON ONE SIDE OF THE
HIGHWAY AND A SHOPPING CENTER ON THE OTHER,
ATTORNEY BLOCK COMMENTED THAT SOMEWHERE ALONG THE LINE
THERE HAS BEEN CONFUSION AND LACK OF GOOD COMMUNICATION BECAUSE IF
SOMEONE HAD LET THEM KNOW ABOUT THE BOARD'S DISCUSSIONS AND FEELING
THAT THIS IS NOT A PRIORITY, THEY WOULD NOT HAVE HAD TO TAKE THIS
PROCESS TO FIND OUT WHERE THEY STAND.
ATTORNEY COLLINS NOTED THAT THIS IS AN APPEAL FROM A SITE
PLAN DISAPPROVAL AND ASKED IF ATTORNEY BLOCK HAD PRESENTED ALL HIS
EVIDENCE. MR. BLOCK STATED THAT HE HAD.
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS-
SIONER WODTKE, INDICATING THAT THE COUNTY IN ITS PRIORITIES IS NOT
IN A POSITION AT THIS TIME TO PROVIDE A CHANGE IN THE SIXTH AVENUE/
U. S. I INTERSECTION, BUT WOULD ENTERTAIN A PROPOSAL FROM THE
DEVELOPER FOR A CHANGE IN THAT INTERSECTION AS A MEANS OF OBTAINING
FURTHER CONSIDERATION OF THE SITE PLAN.
ATTORNEY COLLINS FELT WHAT THE BOARD IS GETTING AT IS A
CONTINUATION OF THE HEARING UNTIL THE APPLICANT CAN COME BACK WITH
AN ALTERNATIVE.
COMMISSIONER WODTKE COMMENTED THAT WE ARE HERE TALKING
ABOUT AN APPEAL OF A SITE PLAN AND WE HAVEN'T EVEN SEEN THE SITE
PLAN; WE HAVE ONLY TALKED ABOUT THE REASON IT WAS DENIED. HE FELT IF
WE ARE ASKED TO MAKE A DECISION BASED ON AN APPEAL OF A SITE PLAN,
WE SHOULD ADDRESS THE SITE PLAN AND EITHER APPROVE IT OR DENY IT.
HE STATED THAT HE CERTAINLY IS NOT GOING TO APPROVE THE SITE PLAN
AND REALLY DOESN'T KNOW WHETHER THE APPLICANT WANTS TO CONTINUE.
ARCHITECT JOHN CALMES INQUIRED ABOUT THE RAMIFICATIONS OF
THE DENIAL OF AN APPEAL AND WHETHER THERE IS A TIME PERIOD BEFORE
THIS COULD BE BROUGHT UP AGAIN BEFORE THE PLANNING & ZONING COMMISSION.
ATTORNEY BLOCK FELT IF THEY WITHDRAW THE APPEAL, THEY HAVE
TO START ALL OVER AGAIN, BUT ATTORNEY COLLINS STATED THAT THEY HAVE
TO FILE WITHIN 20 DAYS, BUT BELIEVED THE BOARD CAN SET ANOTHER TIME
AND THERE COULD BE A WITHDRAWAL WITH A STIPULATION THAT THE APPLICANT
HAS THE RIGHT TO CALL IT UP AGAIN.
COMMISSIONER LYONS WITHDREW HIS MOTION, AND COMMISSIONER
WODTKE WITHDREW HIS SECOND.
ATTORNEY BLOCK AGREED THAT THEY WOULD WITHDRAW THE APPEAL
AT THIS TIME BASED ON A STIPULATION THAT THEY DO NOT GIVE UP ANY
RIGHTS ON THE APPEAL. HE NOTED THAT THEY MET THE TIME ELEMENTS SET
ON THE APPEAL PROCEDURE.
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS -
STONER WODTKE, TO ACCEPT THE WITHDRAWAL OF THE APPEAL BY MR. SCHINDLER
BASED ON THE STIPULATION AS DISCUSSED ABOVE.
MRS. OTA BOYLES, OWNER OF THE PROPERTY ON THE NORTH SIDE
OF THE INTERSECTION OF 6TH AVENUE AND U.S. 1, INFORMED THE BOARD
THAT HER TRIANGULAR PIECE OF PROPERTY WAS PART OF 27 ACRES ORIGINALLY
HOMESTEADED FROM THE STATE. *SHE NOTED THAT THE TRIANGLE WAS CREATED
BY THE STATE WHEN THEY WIDENED U.S. 1. MRS. BOYLES THEN WENT INTO
A DETAILED DESCRIPTION OF PROPERTY LINES, SECTION LINES, RIGHTS-OF-
WAY, ETC., AS RELATING TO U. S. I AND CLAIMED THAT IN ORDER TO
ACCOMMODATE KENNEDY'S SIGN, U.S. 1 WAS SHIFTED 12' TO THE WEST.
SHE FELT IF THEY PUT THE ROAD WHERE IT BELONGED, IT WOULD SOLVE THE
WHOLE PROBLEM.
JAN .91980 91 °+5Ii7
pr -
JAN 91900
som 42 PAGE 508
COMMISSIONER WODTKE FELT THAT MRS. BOYLES IS TRYING TO
SAY THAT THE 900 TURN IN TO U.S. I SHOULD BE LOCATED BY KENNEDY'S.
HE ASKED HOW THAT WOULD COME INTO SIXTH AVENUE, AND MRS. BOYLES
STATED IT WOULD COME IN AT A 900 ANGLE.
CHAIRMAN SIEBERT COMMENTED THAT MRS. BOYLES HAS PRESENTED
AN ALTERNATIVE TO THINK ABOUT, AND COMMISSIONER LYONS STATED THAT
HE WOULD LIKE TO SEE THIS FOLLOWED UP. -
ADMINISTRATOR JENNINGS STATED THAT HE IS FAMILIAR WITH
ALL THE POINTS RAISED BY MRS. BOYLES BUT DID NOT KNOW ANY WAY TO
SETTLE THEM.
COMMISSIONER WODTKE FELT IT WILL TAKE AN INTENSIVE STUDY
OF THAT AREA. HE PERSONALLY FELT THE SOLUTION IS TO CLOSE 6TH AVENUE
OR AT THE VERY LEAST TO HAVE ONLY NORTH BOUND PASSAGE ONTO U.S. 1.
HE NOTED THAT 6TH AVENUE MAY WELL BECOME A MAJOR THOROUGHFARE, ALTHOUGH
HE DID NOT FEEL THAT IT SHOULD, AND THERE ARE MANY ALTERNATIVES TO
BE CONSIDERED.
THE'CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
PLANNING DIRECTOR REVER REFERRED BACK TO THE PUBLIC HEARING
ON THE HATALA REZONING REQUEST WHICH WAS DENIED EARLIER TODAY. HE
INFORMED THE BOARD THAT ALTHOUGH ALL THOSE PRESENT STATED THEY HAD
NOT BEEN NOTIFIED BEFORE THE PLANNING & ZONING MEETING, A LETTER OF
NOTICE WAS SENT OUT TO ALL PROPERTY OWNERS WITHIN 300' OF THE SUBJECT
PROPERTY. HE FELT THE PROBLEM ARISES FROM THE FACT THAT THE RECORDS.
IN THE PROPERTY APPRAISER'S OFFICE ARE NOT COMPLETELY UP TO DATE,
AND NOTED THAT SOME OF THE PEOPLE PRESENT BOUGHT THEIR PROPERTY
QUITE RECENTLY, AND ALSO SOME OWNED PROPERTY FURTHER AWAY THAN 300'.
CHAIRMAN SIEBERT STATED THAT HE NORMALLY WOULD NOT ASK THE
COMMISSION TO SEND PEOPLE TO TALLAHASSEE ON PRIVATE AIRCRAFT, BUT
DUE TO THE SHORTNESS OF NOTICE AND CONFLICTING SCHEDULES, HE FELT IT
IS IMPERATIVE SO THAT WE CAN HAVE REPRESENTATIVES AT THE 201 MEETING
TOMORROW IN REGARD TO FUNDING OF THE IMPOUNDMENTS.
1w,
ON MOTION BY COMMISSIONER LYONS, -SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED COMMISSIONER WODTKE, ATTORNEY
COLLINS, AND THE COUNTY ADMINISTRATOR OR DESIGNATED STAFF MEMBER,
TO LEASE AN AIRPLANE TO MAKE THE TRIP TO TALLAHASSEE TO ATTEND THE
MEETING AS MENTIONED ABOVE.
ATTORNEY COLLINS BROUGHT UP THE REVISED EASEMENTS IN VERO
BEACH HOMESITES, WHICH WERE DISCUSSED AT THE LAST BOARD MEETING IN
DECEMBER WHEN THE BOARD AGREED TO ACCEPT THE DRAINAGE EASEMENTS IF
ALL THE EASEMENT COULD BE PUT ON LOT 4 TO CORRECT THE ALIGNMENT,
AND PASSED RESOLUTION 79-122 TO THAT EFFECT. ATTORNEY COLLINS
CONTINUED THAT WHEN MR. WILMOTH WAS CALLED, HE STATED THAT HE DID
OWN LOT 4 AND WOULD MAKE THE CHANGE TO CORRECT THE ALIGNMENT. IT
NOW TURNS OUT THAT MR. WILMOTH WAS MISTAKEN AND HE DOES NOT OWN
LOT 4. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS HELD THE
ORIGINAL DOCUMENTS IN ABEYANCE. HE COMMENTED THAT APPARENTLY THE
PROBLEM IS JUST IN ONE CORNER WHERE IT TAKES A JOG AND AT THAT POINT
THERE IS ONLY 5' IN THE EASEMENT WHILE ALL THE REST HAS 10`. THE
ATTORNEY FELT THE ISSUE IS WHETHER THE ADMINISTRATOR IS WILLING TO
ACCEPT THE DITCH AND RECOMMEND IT WITHOUT AN ADDITIONAL 5` ON LOT 4.
ADMINISTRATOR .JENNINGS REPORTED THAT HE HAS LOOKED AT THE
DITCH AND IT IS CUT POORLY, BUT HE FELT IT IS AS GOOD AS IT IS GOING
TO BE IN THE RIGHT-OF-WAY THAT IS THERE. HE STATED THAT IT WILL
WORK, AND HE FELT WE SHOULD GO AHEAD AND ACCEPT IT TO CLEAR THIS
MATTER UP.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY ACCEPTED THE ADMINISTRATORS RECOMMENDA-
TION TO ACCEPT THE DRAINAGE EASEMENTS AND ADOPTED RESOLUTION 80-11,
WHICH AMENDS RESOLUTION 79-122 BY DELETING THE REQUIREMENTS OF THE
ADDITIONAL EASEMENT ON LOT 4, BLOCK B, VERO BEACH HOMESITES.
93 Boaz '42 'AGE JO9. , '
JAN 91990
JAN 91980 aw 42 PA-UE510
RESOLUTION NO. 80-11
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, has been requested to release that drainage easement
lying on Lots 13, 14, 4 and 5, of Block C, and Lots 14 and 15, Block
B, all in Unit One -"A", Vero Beach Homesites, a subdivision as recorded
in Plat Book 3, page 61; and
WHEREAS, said drainage easement was dedicated on the Plat
of Unit One -"A", Vero Beach Homesites for public drainage purposes;
and
WHEREAS, the request for such release of such drainage
easement has been submitted in proper form;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following
drainage easement in Unit One -"A", Vero Beach Homesites shall be
released, abandoned and vacated as follows:
That drainage easement lying on Lots 13, 14, 4 and 5, of Block C, and
Lots 14 and 15, Block B, all in Unit One -"A", Vero Beach Homesites, a
subdivision as recorded in Plat Book 3, page 61, public records of
Indian River County, Florida.
BE IT FURTHER RESOLVED that the Chairman of the Board of
County Commissioners and the Clerk of the Circuit Court be, and they
are hereby authorized and directed to execute a release of said
drainage easement hereinabove referred to in a form proper for recording
and placing in the public records of Indian River County, Florida.
��
This _94- day of l/jl , 19:3.
10,
BOARD OF COUNTY COMMISSI NERS OF
INDIAN RIVER COUNTY, F R D
BY:
' Williard i. Siebert, Jr.
Chairman
Attest:
_Y��
Fre a Wright, CleZK,
RELEASE OF EASEMENT
This Release of Easement, executed this day of
1955, by the BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State
of Florida, first party; to FRANK WILMOTH and SUSAN WILMOTH, his
wife, whose post office address is 2726 6th Place, Vero Beach,
Florida 32960, second party:
WITNESSETH:
That the said party of the first part for and in consideration
of the sum of One Dollar ($1.00) and other good and valuable consid-
deration in hand paid by the said second party, does hereby remise,
release, abandon, and quit claim unto the said second party forever,
all the right, title, interest, claim and demand which the said first
party has in and to the following described easement, lying on land
situate in the County of Indian River County, State of Florida,
to -wit:
That easement lying on Lots 14 and 15, Block B,
Unit One -"A", Vero Beach Homesites, a subdivision
as recorded in Plat Book 3, page 61; public records
of Indian River County, Florida.
TO,HAVE AND TO HOLD the same with all and singular the
appurtenances thereunto belonging or in anywise appertaining and
all estate, right, title, interest, equity and claim whatsoever
of the said first party either in law or equity to the only proper
use, benefit and behoof of the said second party forever.
IN WITNESS WHEREOF, the said first party has signed and sealed
these presents by the parties so authorized by the law the day and
year first above written.
Si ed, sealed and delivered
i /�repQreesenc&vfe
L��/
BOARD OF COUNTY COMMISSIONERS OF
INDIAN R', 'JE ACOU�TTSj%, FLj�RTrDAA
BY: e
Williard Siebert, 'Jr. /Chairman
Attest:
Freda Wright, Jerk f�
1660K 42 PAGE 511
91980
BOOK 42 PAGE 512
STATE OF 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 acknowledgements
personally appeared, WILLIARD W. - SIEBERT;-.JR. , as Chairman of the
Board of County Commissioners of Indian River County,a political
subdivision of the State of Florida, and FREDA WRIGHT, as Clerk of
the Circuit Court, to me known to be the persons duly authorized
by said County to execute the foregoing instrument and they
acknowledged before me that they executed the same for and on
behalf of the said political subdivision.
WITNESS my hand and seal in the County and State last afore-
said this day of 190
otary Pub ic, State of Florida at Large.
My commission expires:
(Notary Seal) NOTARY PUKI C STA7T OF FLORIDA AT LAFM
M'r COMMiSSM EXPIRES MAY. 21 1"1
BONDED tHRU GENERAL iN5 UNDtKoVAI 183
I
N
DRAINAGE EASEMENT
THIS EASEMENT made this day of r , 199.9-,
between Frank Wilmoth and Susan Wilmoth, his wife, of 2726
6th Place, Vero Beach, Indian River County, Florida,
as party of the first part, and Indian River County, a political
subdivision of the State of Florida, as party of the second part,
whose address is Indian River County Courthouse, Vero Beach, Florida.
WITNESSETH, that said party of the first part, for and in
consideration of the sum of One Dollar ($1.00) and other valuable
considerations paid, receipt of which is hereby acknowledged, does
hereby grant a drainage easement unto the party of the second part,
its successors and assigns-, over, on and across the following
described land situated in Indian River County, Florida, to -wit:
The West 10 feet of Lot 15, Block B, Unit One -"A", Vero Beach
Homesites, a subdivision as recorded in Plat Book 3, page 61.
IN WITNESS WHEREOF, said party of the first part have hereunto
set their lands and seals on the day and year first above written.
Signed, sealed and delivered
in the presence of:
r
�.rt / ii ---:Iq
As to Mr. and Mrs. Wilmoth
_41)n Nctcl
As to County <_,
L
FRANK WILMOTH
/t I C
SUSAN WILMOTH
"FIRST PARTY"
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RI E COU T< F R
BY:
Williard . Siebert, Jr. loor
Chairman
ATTEST: 01
Freda Wright, lerk
"SECOND PARTY" Y#av /16.0
BOOK 4Z .PAGE 513 .
JAN 91990
pp—
JA N •91980 BOOK
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
42 PAGE 514
I HEREBY CERTIFY that on this day before me, an officer duly qualified
to take acknowledgments, personally appeared Eugene Wilmoth and Mary Susan
Wilmoth, his wife
known to be the person(s)
described in and who executed the foregoing instrument and acknowledged
before me that - they executed the same.
WITNESS my hand and seal in the County and State aforesaid this
day of
19 7 9.
No ry Public, State of Florida at large.
My commission expires•
%otzry risbu, �tatc of Harida at Urge
My C,3riJ1;.s5i,a Fg ires Jan. 23, 1992
uonded Cy l.mnbcmi Fim E ca "111f cvmpaaY
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CEA FY that on this day before me, a{i ec r duly qualified
to take acknowledgments, ersonally appeared
.. , as
Chairman, BOARD OF COUNTY CO IONER INDIAN RIVER COUNTY, FLORIDA,
to me known to be the person desc be 'n and who executed the foregoing
instrument and acknowledged efore me that h xecuted same.
WITNESS my hand official seal in the Count nd State aforesaid
this ,cs1(da f �ez4— , 1979.
A
Public, State of Florida at
Large. My commission expires:
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on, day before me, an officer duly
qualified to take acknowledgments, personally appeared Williard W. Siebert, Jr -as
Chairman, BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, to me known
to be the person described in and who executed the foregoing instrument and
acknowledged before me that he executed same.
WITNESS my hand and official seal in the County and State aforesaid
F'
this day of 19,x7'9.
4 j
Notary Public, State of Florida at Large.
My Commission expires:
NOTARY Punt STATE OF FUXIDi Al LAM
mY CO��aoESSh�I EXDfRFS MAt. 27 1�1
-BON= 1HW c4Rat 116 cJNM4* 1WS _
RELEASE OF EASEMENT
This Release of Easement, executed this day of
197,9~ by the BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State
of Florida, first party= to EUGENE WILMOTH and MARY SUSAN WILMOTH,
his wife, whose post office address is 440 28th Court S.W., Vero
Beach, Florida 32960, second party:
WITNESSETH:
That*the said party of the first part for and in consideration
of the sum of One Dollar ($1.00) and other good and valuable consid-
eration in hand paid by the said second party, does hereby remise,
release., abandon, and quit claim unto the said second party forever,
all the right,title, interest, claim and demand which the said first
party has in and to the following described easement, lying on land
situate in.the County of Indian River County, State of Florida,
to -wit:
That 'easement lying on Lots 13, 14, 4 and 5.of
Block C, Unit One -"A", Vero Beach Homesites,.a
subdivision as recorded in Plat Book 3, page 61;
public records of Indian River -County,,, Florida,
TO HAVE AND TO HOLD the same with all and singular the
appurtenances thereunto belonging or in anywise appertaining and
all estate, right, title, interest, equity and claim whatsoever
of the said first party either in law or equity to.the only proper
use, benefit and behoof of the said second party forever,,
IN WITNESS WHEREOF, the said first party has signed and sealed
these presents by the parties so authorized by the law the day and
year first above written,
Si ed, sealed and delivered
n he presence of:
il CTL
BOARD OF COUNTY COMMISSIONERS OF
INDIAN R17,RR COU N Y, LO
BY;vzZ,22
WILLIARD F SIFEBERT,, JR., . • _ airman
Attest;
Fre axight , erk �y
/_-_ Y•��f2 ALN.`"
66bi 4z f �
A
JAN 91980
r
BOCA 42 pw 51a
STATE OF 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 acknowledgements
personally appeared, HALLIARD W. • SIEBERT, JR., as Chairman of the
Board of County Commissioners of Indian River County,a political
subdivision of the State of Florida, and FREDA WRIGHT, as Clerk of
the Circuit Court, to me known to be the persons duly authorized
by said County to execute the foregoing instrument and they
acknowledged before me that they executed the same for and on
behalf of the said political subdivision.
WITNESS my hand and sea in the County a d State last afore-
said this day of :fit 197
CL i
No ary Public, State of Florida at Large.
My commission expires:
(Notary Seal)
NOfAlY MI r STATE OF ROUDA AT LARD
• MY COWAISSICA EXPIRES NWt ? J 190)
iONDED )HRU :ANERAI iNl JN1W:A*11 IERS
DRAINAGE EASEMENT
THIS EASEMENT made this -�-- day of r , 19�,
between Eugene Wilmoth and Mary Susan Wilmoth, his wife, of 440 28th
Court S.W., Vero Beach, Indian River County, Florida, as party of the
first part, and Indian River County, a political subdivision of the
State of Florida, as party of the second part, whose address is Indian
River County Courthouse, Vero Beach, Florida.
WITNESSETH, that said party of the first part, for and in
consideration of the sum of One Dollar ($1.00) and other valuable
considerations paid, receipt of which is hereby acknowledged, does
hereby grant a drainage easement unto the party of the second part,
its successors and assigns, over, on and across the following
described land situated in Indian River County, Florida, to wit:
The West 10 feet of Lot 14, the West 10 feet of the South 10 feet
of Lot 5, the South 10 feet of Lot 4 and the West 10 feet of Lot 4,
Block C, in Unit .One -"A", Vero Beach Homesites, a subdivision as
recorded in Plat Book 3, page 61.
IN WITNESS WHEREOF, said party of the first part have hereunto
set their hands and seals on the day and year first above written.
Signed, sealed and delivered
in the presences of:
As to Mr. and Mrs. Wilmoth
As to County
JAN 91999
x,
:EUGENE WILMQTH
MARY SUSAN WILMOTH
"FIRST PARTY"
BOARD OF COUNTY COMMISSIONERS OF
IND -IAN R ER CO NT , F D
BY:Z"
Williar W. Siebert, r
Chairman
ATTEST:
Freda Wright, C rk
"SECOND PARTY" !n'
fa_p, _�uD•_�� 1,
8009. 42 PAGE 517
_I
g 'JAW 91980
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
BOOK 42 FACE 518
I HEREBY CERTIFY that on this -day before me, an officer duly qualified
to take acknowledgments, personally appeared Frank Wilmoth and
Susan Wilmnth, his wife , known to be the person(s)
described in and who executed the foregoing instrument and acknowledged
before me that they executed the same.
WITNESS my hand and seal in the County and State aforesaid this
day of /�nM„�� 1979.
OF
Notary Public, State of Florida at large.
My commission expires:
Notary Pillic, S+ate of Florida J large
My Commission Expires hn. 23.1952
Bonded dy A.,evg— rw & CowAlly Company
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day before me, an officer duly qualified
to take acknowlements, personally appeared WILLIAM C. WODTKE, JR., as
Chairman, BOARD OF CO TT\OMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,
to me known to be the persodescribe% in --and who executed the foregoing
instrument and acknowledged e that he executed same.
WITNESS my hand and offfcial se in the County and State aforesaid
this day of�. Q ti 1979.
No ry Public, State of Florida at
Large. My commission expires:
Nbtary P""': , State of Flolida at Ear,c
?"y C.?ra;n;ssioti Expires tan. 23, 19;,[
Bcuoad dy Anwa:un PAo & Cuud;, CcMpa,
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on`this day before me, an officer duly
qualified to take acknowledgements, personally appeared Williard W. Siebert, Jr. as
Chairman, BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, to me known
to be the person described in and who executed the foregoing instrument and
acknowledged before me that he executed same.
ll NESS my hand and official seal in the County and State aforesaid
this day of , 19
a.tarvy'P"ublic, State of Florida at Large.
My Commission expires:
NOTARY PU91i C STATE OF FIOUDA AT IaRGE
_ MY COr•M1SS104 EVIRES Y1
K*W fM&U CiNi9iRAL i?a
ATTORNEY COLLINS REPORTED THAT THE CONTRACT WITH GERAGHTY
& MILLER RE THE TEST WELL PROGRAM FOR THE SOUTH COUNTY WATER SYSTEM
WHICH WAS AUTHORIZED AT THE MEETING OF DECEMBER 19, 1979, CAME IN
YESTERDAY, AND HE HAS NOT HAD TIME TO REVIEW IT THOROUGHLY HE
STATED THAT IT IS BASICALLY THE SAME AS PREVIOUSLY, AND WE HAVE THE
RIGHT OF TERMINATION AFTER ANY TIME OF REASONABLE NOTICE.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED THE CONTRACT WITH GERAGHTY &
MILLER SUBJECT TO REVIEW BY THE ATTORNEY AND THE AMOUNTS IN THE
CONTRACT BEING THE SAME AS PRESENTED AT THE PREVIOUS HEARING, AND
AUTHORIZED THE SIGNATURE OF THE CHAIRMAN.
JAN 91980
103 sooK pacE'-9
I
.JAN 91980
Geraghty & Miller, Inc.
CONSULTING GROUND -WATER GEOLOGISTS AND HYDROLOGISTS
BOOK 42 PAGE 5,20
Forum III
Suite 403
1675 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33401
January 7, 1980
Indian River County Commissioners
Indian River County Courthouse
2145 River County Courthouse
Vero Beach, Florida 32960
Dear Commissioners:
Telephone: 305/683-3033
We are aware that Indian River County has decided to pro-
ceed with the planning, design, and construction of a
water system for the South County Taxing District, using
reverse osmosis to treat water from the Floridan Aquifer.
To assist the County in accomplishing its goal, Geraghty &
Miller, Inc., proposes to conduct a testing program in the
taxing district area. This proposal shall be acceptable as
an agreement for professional services between Indian River
County and Geraghty & Miller, Inc. when signed by both
parties to the agreement.
To date, preliminary evaluation of the availability and
quality of water contained in the Floridan Aquifer within
the taxing district has been made by extrapolating data from
outside the district. More specific information is now needed.
In addition, a testing program will be necessary to determine
the regional impact of the proposed diversion, provide in-
formation for system planning and plant design, and provide
technical data which will be needed to obtain a water -use
permit from the St. Johns River Water Management District.
Five tasks are planned for the testing program. The principal
task is the drilling, sampling and testing of a production
well into the Floridian Aquifer at a convenient location in
the taxing district. Additional tasks are the preparation
of technical specifications for the testing program; in-
ventorying of existing wells (well permittees and existing
legal users who might be affected by the proposed diversion);
preparing and presenting of progress reports and the final
PORT WASHINGTON. NY TAMPA, FL WEST PALM BEACH. FL CHAMPAIGN, IL HARTFORD, CT
Geraghty & Miller, Inc.
-2- 7 January 19ED
report; and meeting with the Joint Venture, regulatory
agencies, and county personnel.
Task 1-- Preparation of Specifications and Contractor's
Proposal Form
Geraghty & Miller, Inc., will prepare technical spec-
ifications for the testing program. The number of wells
to be installed in the testing program will depend upon the
findings of the well inventory and a decision by County
Commissioners to proceed with the testing. The hydrogeologic
requirements of the testing program are quite technical and
detailed, and bidders will need a clear understanding of the
work in order to satisfy these requirements. In addition,
because the wells that will be drilled in this program
may eventually be used as production wells, it is expected
that the County and the Joint Venture will also have input
to the specifications. Geraghty & Miller, Inc., will work
closely with these groups in preparing -these specifications.
The estimated cost of Task 1 is $5,000.
Task 2-- Well, Permit, and User Inventory
Results of the preliminary hydrogeologic investigation in-
dicate that the proposed diversion will impact wells tapping
the Floridan Aquifer over a large area extending outside the
taxing district. The well owners undoubtedly will form the
principal group of objectors to the proposed diversion. Indian
River County must be aware of the potential objectors, and the
locations, capacities, and usage patterns of individual wells
before submitting a water -use application. In addition,
because a potential for water -quality degradation may exist in
the Floridan Aquifer as a result of upward movement of poorer
quality water from greater depths, the total depth, cased
depth, and present water quality in existing wells should be
documented. This potential for upward movement is of critical
concern to the St. Johns River Water Management District.
Geraghty & Miller, Inc., will complete an inventory of wells,
legal users, and permitted diversions from the Floridan Aquifer
BOOK 44 M&E 521
JAN 91900
JAN 91980 42 PAGE 5'2.
Geraghty & Miller, Inc.
-3- 7 January 1980
within a minimum five miles of the prospective well field.
In addition, Geraghty & Miller will attempt to locate one
or more existing wells that might be suitable for use as
observation wells during a pumping test. Such wells would
require that only one production well be drilled.
Two separate water management districts (South Florida Water
Management District and St. Johns River Water Management
District) and two separate sub -district offices (Fort Pierce
and Orlando) of the Florida Department of Environmental
Regulation (DER) maintain jurisdiction over water use and well
construction within five miles of the taxing district. These
agencies will be contacted for information. In addition, data
may be available from the Florida Department of Natural
Resources, the U. S. Geological Survey, local well drillers,
and local engineers. Once located, water samples will be
collected from existing wells in the Floridan Aquifer, if
possible. These water samples will be analyzed for chloride
concentration and specific conductance. The complete inventory
will be included in the testing program report to
Indian River County that will serve as technical documentation
should any future problems develop. The estimated cost of
consulting services for Task 2 is $3,700.
Following the selection of a drilling contractor by competitive
bid, a production well will be installed at a suitable location
in the taxing district. Because of concern for the potential
threat of upward movement of poor quality water from deeper
portions of the aquifer, the drilled hole at the production
well will be extended to a depth of approximately 900 feet below
land surface. A monitoring tube extending to land surface will
be installed at that depth, and the annular space will be
sealed between that depth and about 700 feet. The well will
produce water from an open borehole occuring between about 400
and 700 feet below land surface.
During the well inventory (Task 2), an attempt will be made
to locate one or more existing wells in the vicinity of the
production -well site to serve as observation wells during the
pumping test. However, if a suitable well cannot be found, an
observation well may have to be installed during the drilling
program. The county will be notified if this is required and
Geraghty & Miller, Inc.
-4-
7 January 1980
may then decide how best to proceed. At the county's option,
this well could be designed solely as an observation well or
as a second production well.
During the construction and testing of wells, a Geraghty &
Miller, Inc., hydrogeologist will act as resident inspector at
the site. In addition to determining that the wells are
constructed according to specifications, the hydrogeologist
will describe and analyze formation samples collected during
drilling and perform field analyses on water samples collected
as drilling progresses in the Floridan Aquifer. Borehole
geophysical logging will be performed during the drilling
operation. Previous investigators have speculated on the
existence of a secondary artesian aquifer in eastern Indian
River County. This zone, occurring below the shallow aquifer
and above the Floridan Aquifer in western portions of the
county and outside the county, has not been reported to the
east. Its existence could provide an important future water
source in the county. Therefore, before casing is installed
in wells, electric and gamma -ray logging will be conducted in
the region above the Floridan Aquifer to detect the presence
or absence of this aquifer. Geraghty & Miller, Inc., has
equipment to prepare these logs and will provide the services.
In the Floridan Aquifer, more extensive logging is necessary
and the drilling contractor will provide geophysical services.
Among the logs that will be required in the Floridan Aquifer
are electric, gamma, temperature, caliper, flow meter, and
fluid conductivity logs. The hydrogeologist.will coordinate
between Geraghty & Miller, the Joint Venture, and the drilling
contractor so that logging and any other special testing pro-
cedures are completed on schedule.
Upon the completion of drilling, Geraghty & Miller, Inc., will
assist the contractor in the performance of pumping test.
At least one controlled pumping test of approximately 72 hours,
duration will be conducted on the production well. This test
will be designed so that the hydrologic characteristics of the
Floridan Aquifer will be established. Factors to be evaluated
will be transmissivity, storage, vertical leakance, and the
potential for upconing. Knowledge of these characteristics
will serve as the basis for evaluating the impacts of the
proposed diversion and determining optimum well yields.
JAN 91980
BOOK 1-4 Pact 523
JAN 91980
Geraghty & Miller, Inc.
acx 42 PAGE524
-5- 7 January 1980
Additional capacity tests and flow tests may be performed on
the production well and observation well. Geraghty & Miller
personnel will direct the contractor in the test procedures,
collect water -level and water -quality data during the test,
and determine the testing periods. Water samples collected
from the monitoring tube and from the pumped discharge during
the test will be forwarded to a chemical laboratory for
analysis.
Because the scope of drilling in Task 3 will depend to a
great extent on the results of the well inventory, and the
skill and efficiency of the drilling contractor, the costs
for consulting services in Task 3 are difficult to estimate.
Assuming that an existing well could be used as an observation
well and that the drilling of only a single production well
would be necessary, charges for Task 3 consulting services
are estimated at $23,000. If no existing well is found to be
suitable, and the county elects to install one production
well and one observation well, charges for Task 3 consulting
services are estimated at $25,700. If the county chooses to
install two production wells (one of these wells would be
tested while the other is used for observation) charges for
consulting services are estimated at $28,500.
Task 4-- Analysis of Data and Preparation of Reports
Indian River County will receive monthly progress reports
during this program. Upon the completion of testing, Geraghty
& Miller, Inc., will analyze the data collected during the
well inventory and during the drilling and testing program,
and prepare a final report of the investigation. The report
will describe the steps taken during the drilling and testing
program, and present the pertinent data collected during the
well inventory. Geologic and hydrologic conditions in the
taxing district and surrounding area will be described.
Based on the program results, recommendations of well -field
design, well construction, and pumping schedules will be made.
An assessment will be made of the regional impact of the pro-
posed diversion from the Phase 1 withdrawal and from sub-
sequent phased withdrawals. The final report will be in a
form that will serve as a supporting document to a water -use
Geraghty & Miller, Inc.
7 January 1980
application for the system. The estimated cost for con-
sulting services for Task 4 is $7,700.
Task 5-- Project Meeting, Conferences, and Related Work
After the completion of testing, Geraghty & Miller, Inc., will
have to work closely with Indian River County and the Joint
Venture in obtaining a water -use permit. It is anticipated
that correspondence and meetings will be necessary with
public agencies such as the St. Johns River Water Management
District and the Florida Department of Environmental Regula-
tion before the water -use permit can be obtained and con-
ceptual approval of the system can be granted. Therefore,
Task 5 has been included to allow for discussions and
correspondence necessary to complete the permit process. The
estimated cost for consulting services for Task 5 is $2,900.
PROJECT PERSONNEL AND TIMING
Geraghty & Miller's tasks in this program will.be directed by
a Senior Scientist of the firm who will act as project manager.
He will direct the firm's staff hydrogeologists.in the in-
ventory of wells, permittees, and legal users. Under his
direction, staff hydrogeologists will inspect the well drilling,
gather data during the testing program, assist the contractor
in the performance of pumping tests, and perform other field
tasks as required. The project manager will be responsible
for the preparation of all reports and correspondence related
to the project. Likewise, he will attend all meeting with
Indian River County and the Joint Venture, and if required,
he will also meet with public agencies on the County's behalf.
Mr. Tom Tessier, who has been involved in the preliminary in-
vestigation of the ground -water resources of the taxing
district, will be the project manager. Mr. Vincent P. Amy will
act as project advisor to provide overall guidance and to
assure that the program is carried out in keeping with the
past procedures of Indian River County and the policies of
Geraghty & Miller, Inc. He will also be available to attend
meetings and present testimony at public hearings on behalf of
the County, if requested.
The specifications and contractor's proposal form could be
available for public advertisement approximately four weeks
JAN 91980
800!4 4z PAGE 52-5
I
JAN 91980
Geraghty & Miller, Inc.
eaoK 42 FACE 526
-7- 7 January 1980
after Geraghty & Miller is authorized to proceed with the
program. During that time also, Geraghty & Miller will initiate
the well inventory. After the close of bidding, it is anti-
cipated that a contract can be negotiated with the successful
bidder, and the contractor can be available at the site of work
within four weeks. The drilling and testing program will take
as much as twelve weeks to complete. Geraghty & Miller, Inc.,
could then complete a report on the program in four weeks.
Thus, the program should take 5 to 6 1/2 months to complete,
including time to prepare the final report.
ESTIMATED COSTS
The total cost of the program has been estimated by allowing
for reasonable periods of time in which to perform specific
tasks. Since the scope of the drilling and testing program
(Task 3) cannot be finalized until the well inventory (Task 2)
is essentially complete, a cost breakdown has been prepared
that reflects estimated consultant's charges for the various
drilling and testing scenarios discussed previously. The costs
of tasks have been estimated based upon recent experiences of
Geraghty & Miller, Inc., and conversations with contractors.
Scenario I- Drilling and testing of one production well (with
deep zone monitoring tube) in the taxing district. This
scenario assumes that one or more existing wells will be suit-
able to serve for observation during a pumping test.
Task 1-- Preparation of Specifications and Contractor's
Proposal Form $5,000
Task 2-- Compilation of Well, Permit, and
User Inventory 3,700
Task 3-- Drilling of Single Production Well
and Associated Testing 23,000
Task 4-- Reduction of Data and
Preparation of Reports• 7,700
Task 5-- Project Meetings, Conferences and
Related Work 2,900
The total cost for hydrogeologic consulting services for Scenario
I is estimated at $42,300. Associated contractor's charges for
drilling and testing of the production well are estimated at
$55,000 to $95,000.
Geraghty & Miller, Inc.
7 January 1980
Scenario II-- Drilling and testing of one production well
(with deep zone monitoring tube) and one observation well
in the taxing district. This scenario assumes that the county
chooses to install an observation well because no suitable
existing well can be found.
Task 1-- Preparation of Specifications and
Contractor's Proposal Form $5,000
Task 2-- Compilation of Well, Permit and
User Inventory 3,700
Task 3-- Drilling of One Production Well
and One Observation Well and
Associated Testing 25,700
Task 4-- Reduction of Data and
Preparation of Reports 7,700
Task 5-- Project Meetings, Conferences
and Related Work 2,900
The total cost for hydrogeologic consulting services for
Scenario II is estimated at $45,000. Associated contractor's
charges for drilling and testing of one production well and
one observation well are estimated at $65,000 to $115,000.
Scenario III-- Drilling and testing of one production well (with -
deep zone monitoring tube) and second production well (to be
used as observation well during testing). This scenario assumes
that the county chooses to install a second production well
because no suitable existing well can be used for observation.
Task 1-- Preparation of Specification
and Contractor's Proposal Form $5,000
.Task 2-- Compilation of Well, Permit, and
User Inventory 3,700
Task 3-- Drilling of Two Production Wells
and Associated Testing 28,500
Task 4-- Reduction of Data and
Preparation of Reports 7,700
JAN 91980
,BOOK .42 PnE52 i
r
JAN 91990
Geraghty & Miller, Inc.
men
BooK 42 PAC¢ 528
7 January 1980
Task 5-- Project Meeting, Conferences
and Related Work - $2,900
The total cost for hydrogeologic consulting services for
Scenario III is estimated at $47,800. Associated con-
tractor's charges for drilling and testing of two production
wells are estimated at $90,000 to $170,000.
The estimated cost for hydrogeologic consulting services in
Scenario III of $47,800 shall be considered to be the
contract amount and shall not be exceeded without prior
written authorization from Indian River County. It is under-
stood that Geraghty & Miller, Inc. will not be obligated to
continue the work if to do so would exceed the contract
amount unless and until it has received written notice from
Indian River County indicating that the contract amount has
been increased. Actual Geraghty & Miller, Inc. charges for
professional services are based upon hourly rates for work
performed plus associated expenses. Monthly invoices will be
submitted to Indian River County in accordance with the attached
fee schedule.
This agreement may be changed or terminated by Indian River
County in whole or in part whenever Indian River County
determines that such change or termination is in its best
interests. Indian River County may at any time make changes
within the general scope of this agreement by written order.
Termination of this agreement shall be effected by delivery
to Geraghty & Miller, Inc. of a written termination notice
specifying the extent to which the work is terminated. The
effective date of the termination shall be 14 days after the
date of the termination notice. Geraghty & Miller, Inc.
shall stop all work on that date to the extent specified,
terminate all orders and subcontracts pertaining to the
terminated work, transfer to Indian River County as directed any
and all work in progress, completed work and other material
related to that terminated world and continue and complete all
parts of the work that have not been terminated. Geraghty &
Miller, Inc. shall receive payment for services performed on
terminated work through the effective date of termination by
submitting an invoice in accordance with the fee schedule.
Geraghty & Miller, Inc. will continue to receive payment for all
portions of the work not terminated by submitted monthly invoices
as previously described.
Attached: Fee Schedule
J
Geraghty & Miller, Inc.
-10- 7 January 1980
IN WITNESS WHEREOF, Indian River County and Geraghty &
Miller, Inc. hereto and hereunto set their hand and seals
this 19th day of December 1979®
Signed, sealed and
delivered in the presence of
INDIAN, R CO
By
Attest:.��er.�rj!!S
as to Ounty
Geraghty & Miller, Inc.
Attest:
a to Ge6blvis
aooK 42 PnERg
JAN 91900
J
r
JAN 91980
Geraghty & Miller, Inc.
6009
SCHEDULE OF FEES FOR PROFESSIONAL SERVICES
October 1979
42 RecE 530
The charges for services provided by Geraghty & Miller,
Inc., consist of: (1) an hourly fe-e for any professional staff
member actively working on a project, (2) reimbursement of ex-
penses, and (3) reimbursement of subcontractor's and other
special costs. Bills covering the hourly charges and expenses
will be submitted for payment on a calendar month basis, unless
some other arrangement has been agreed upon.
Fee ranges for various classifications of Geraghty &
Miller, Inc., personnel are indicated below and are subject to
revision.
Principal
Vice President
Associate
Senior Scientist
Senior Hydrogeologist
Hydrogeologist
Draftsman, Technician, and
Research Assistant
Range
$75.00 _
$85.00
65.00 -
75.00
55.00 -
70.00
40.00 -
55.00
28.00 -
40.00
17.00 -
30.00
15.00 - 26.00
Reimbursable expenses are chargeable at cost plus a 10
percent handling charge. These include travel costs, living
expenses for personnel required to be away from their home of-
fice in connection with the work, rental cars, long distance
telephone calls, telegrams and cables, copies, prints or re-
ports, shipping costs for samples and other materials, expend-
able supplies purchased specifically for a project, and premiums
for insurance in addition to normal coverage when required.
Mileage for the use of personal cars is charged at 30 cents per
mile. Mileage for project use of company owned vehicles is
charged at 35 cents per mile.
Subcontractor charges, purchase or rental costs for special
equipment necessary for the work, and any other costs not asso-
ciated with normal office overhead are billed at cost plus a
handling charge of 10 percent.
COMMISSIONER LYONS DISCUSSED THE=POSSIBILITY OF -HAVING AN -
AGREEMENT ABOUT TRAFFIC IMPACT FEES, NOTING THAT HE HAD SUPPLIED A
COPY OF SUCH AN AGREEMENT FOR THE COMMISSIONS INFORMATION AT THE
LAST MEETING. HE COMMENTED THAT THE PROPOSED DEVELOPMENT AT VERO
HIGHLANDS PROMPTED HIM TO THINK ABOUT THE TRAFFIC SITUATION THAT
WILL BE GENERATED DOWN THE LINE. HE ASKED IF WE ARE NOW IN A
POSITION TO HAVE SUCH AN AGREEMENT OR WHETHER WE NEED ENABLING
LEGISLATION.
ATTORNEY COLLINS FELT THAT THE RIGHTS WE NOW HAVE ARE MORE
BARGAINING RIGHTS AND THAT IMPACT FEES SHOULD BE ADDRESSED BY A
SEPARATE ORDINANCE, POSSIBLY EITHER IN THE SITE PLAN ORDINANCE OR
SUBDIVISION ORDINANCE,
THE CHAIRMAN REQUESTED THE ATTORNEY TO RESEARCH THIS MATTER
AND MAKE A REPORT.
COMMISSIONER LYONS SUGGESTED THAT SINCE WE ARE NOW IN THE
PROCESS OF RE-ENGINEERING INDIAN RIVER BOULEVARD, WE SHOULD CONSIDER
BICYCLE PATHS IN THIS CONNECTION AND HAVE COMMISSIONER LOY`S
COMMITTEE MAKE A RECOMMENDATION.
THE ADMINISTRATOR AGREED AND NOTED THAT HE WILL BE TAKING
PLANS AND MYLARS TO REYNOLDS, SMITH & HILLS SHORTLY.
COMMISSIONER LYONS REPORTED THAT IN THE COURSE OF TRYING
TO PICK A FIRM FOR THE DRAINAGE STUDIES, HE HAS VISITED REYNOLDS,
SMITH & HILLS AND CERTAINLY CONFIRMS OUR CHOICE OF THEM TO WORK ON
THE ENGINEERING OF INDIAN RIVER BOULEVARD.
COMMISSIONER LYONS INQUIRED ABOUT BUILDING CODE AMENDMENTS,
AND THE ATTORNEY INFORMED HIM THAT THE AMENDMENT TO THE ENERGY CODE
IS SET FOR A HEARING ON FEBRUARY 61 1980.
ATTORNEY COLLINS NEXT DISCUSSED PROBLEMS BEING ENCOUNTERED
BY THE 1979 PROPERTY APPRAISAL ADJUSTMENT BOARD. HE EXPLAINED THAT
THE FLORIDA STATUTES PROVIDE THAT THE PROPERTY APPRAISER CAN SUE
THE BOARD UNDER. CERTAIN CONDITIONS, ONE OF WHICH IS IF THE PROPERTY
APPRAISER ALLEGES TO THE DEPARTMENT OF REVENUE THAT THERE HAS BEEN
A CONSISTENT AND CONTINUOUS VIOLATION OF THE INTENT OF THE LAW BY
115
BOOK`"PAGE"•
JAN 91900 Bou 42 na 532
THE PROPERTY APPRAISAL ADJUSTMENT BOARD. IF THE DOR AGREES WITH
HIM, THEY GIVE HIM THE RIGHT TO SUE THE BOARD FOR INJUNCTIVE RELIEF
AND TO REINSTATE THE ROLL AS PREVIOUSLY ASSESSED. THE ATTORNEY
INFORMED THE BOARD THAT PSR. LAW HAS FILED A LETTER WITH THE DOR ON
APPROXIMATELY FIFTY DIFFERENT CASES ON THIS BASIS, AND THE DOR HAS
WRITTEN THE PROPERTY APPRAISAL ADJUSTMENT BOARD ASKING THEM FOR THE
DECISIONS AND EVIDENCE TO REVIEW. ATTORNEY COLLINS COMMENTED THAT
THIS IS POTENTIALLY A VERY SERIOUS MATTER, AND HE FELT HE NEEDED
AUTHORITY TO CONTINUE TO REPRESENT THE BOARD IN THIS MATTER AND STATED
HE ALSO WOULD LIKE AUTHORITY TO BRING IN SOMEONE WITH REAL EXPERTISE
IN DEALING WITH THE DOR, IF NECESSARY.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED ATTORNEY COLLINS TO CONTINUE
TO REPRESENT THE PROPERTY APPRAISAL ADJUSTMENT BOARD AS DISCUSSED
ABOVE AND TO BRING IN ADDITIONAL HELP, IF NECESSARY.
RESOLUTION Pio, 79-112, TROPIC VILLAS WATER FRANCHISE,
GRANTED TO SAND DOLLAR BUILDERS, INC., IS HEREBY MADE A PART OF THE
MINUTES AS APPROVED AT THE MEETING OF NOVEMBER 7, 1979.
RESOLUTION NO. 79 -112
BE IT RESOLVED by the Board of County Commissioners of Indian
River County, Florida:
SECTION I
This Resolution shall be known and may be cited as the
it Tropic Villas Water Franchise".
SECTION II
For the purpose of this Resolution, the following terms, phrases,
words and their derivations shall have the meaning given herein. When not
inconsistent with the context, words using the present tense include the
future; words in the plural number include the singular and vice versa. The
word "shall" is always mandatory,
(a) "County" is Indian River County, a political subdivision of the
State of Florida.
(b) "County Engineer", may be "County Administrator".
(c) "Corporation" is the Grantee of rights under this franchise, to -wit:
SAND DOLLAR BUILDERS, INC.
(d) "Board" is the Board of County Commissioners of the County,
(e) "Person" is any person, firm, partnership, association, corpora -
tion, company or organization of any kind.
(f) "Territory" means the area located in Indian River County, Florida,
outside the corporate limits of any municipality as the same is more particu-
larly defined and described herein.
(g) "Water System" shall mean and include any real estate, attach -
meats, fixtures, impounded water, water mains, laterals, valves, meters,
plant, wells, pipes, tanks, reservoirs, systems, facility or other property,
real or personal, used or useful or having the present capacity for future
use in connection with the obtaining, treatment, supplying and distribution of
water to the public for human consumption, fire protection, irrigation, con -
sumption by business or industry and without limiting the generality of the
foregoing, shall embrace all necessary appurtenances and equipment and shall
include all property, rights, easements and franchises relating to any such
system and deemed necessary or convenient for the operation thereof.
nox 42- PAGE ani
JAN9 1980 GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
JAN f' 91980
SECTION III
ROK 42 PAGE 513.4
There is hereby granted by the County to the Corporation the non -
exclusive franchise, right and privilege to erect, construct, operate and
maintain a water system within the prescribed territory as herein provided
and for these purposes to sell and distribute water within the territory and
P
for these purposes to establish the necessary facilities and equipment and to
s
lay and maintain the necessary lines, pipes, mains and other appurtenances
necessary therefor in, along, under and across the public alleys, streets,
roads, highways, and other public places of the County; provided, however,
that the County reserves the right to permit the use of such public places
for any and all other lawful purposes and subject always to the paramount
right of the public in and to such public places.
SECTION IV
The territory in which this franchise shall be applicable is all that
part of Indian River County, Florida, located within the following described
s
s
boundary lines, to -wit: i
Lots 9 and 12, VERO LAND COMPANY SUBDIVISION, according r
to the Plat filed in the office of the Clerk of the Circuit Court of
St. Lucie County, Florida, in Plat Book 3, Page 19; said land now
lying and being in Indian River County, Florida.
The Corporation shall at all times during the life of this franchise
be subject to all lawful exercise of the police power and regulatory
authority as the County shall hereafter by resolution provide.
-2 -
- -QURDON 13 JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
SECTION V
It is expressly understood and agreed by and between the
Corporation and the County that the Corporation shall save the
County and members of the Board harmless from any loss sustained by the
County on account of any suit, judgment, execution, claim or demand what -
soever resulting from negligence on the part of the Corporation in the
construction, operation or maintenance under the terms of this franchise.
The parties agree that, in the construction of this section, the claim of any
person resulting from negligence on the part of the Corporation may be
prosecuted directly by such person against the Corporation as if no govern-
mental immunity accrued to the County byvirtue of the persons use of
a public place of the County. The County shall notify the Corporation promptly
after presentation of any claim or demand.
SECTION VI
The Corporation shall maintain and operate its plant and system
and render efficient service in accordance with the rules and regulations as
are or may be set forth by the Board from time to time, which shall include
but not be limited to Standards promulgated by the City of Vero Beach, Water
and Sewer Department, November 1, 1977, or as amended. The County shall
require the Corporation to comply with the above standards as they relate
to material specifications, and compaction requirements immediately
surrounding the pipes. Prior to the issuance of a construction permit the
County shall also require the Corporation's project engineer to certify that the
material to be used will meet the standards as set forth in said Standards of
the City of Vero Beach, Water and Sewer Department, adopted November 1,
1977, or as amended. Upon approval by the County of the plant and water
system and upon payment of a fee of $20.00/unit a permit shall be issued
to the Corporation for the construction thereof. The right
is hereby reserved to the County to adopt, in addition to the provisions
herein contained and existing applicable resolutions or laws, such additional
regulations as it shall find necessary in the exercise of the police power and
BOOK 42 PAGE 535
3-
4
JAN91990 GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
L -
JAN 1191980
1!
BOOK 42 PAGE 536
lawful authority vested in said County, provided that such regulations shall
be reasonable and not in conflict with the rights herein granted and not in con-
flict with the laws of the State of Florida. The County shall have the right
to supervise all construction or installation work performed and to make
such inspections as it shall find necessary to insure compliance with all
governing regulations.
Upon the completion of all construction of the water plant and dis -
tribution system, the project engineer for the Corporation shall certify,
under seal, that the system has been constructed in accordance with the plans
P
E
and specifications previously approved, and further, has met all of the
standards required by the County, including pressure and bacteriological
tests at Grantees expense, whereupon the County will issue a permit accept -
ing the water system, and further, that the said water system and all ease -
ments, (excepting only the water plant, without appurtenances, and the real
property upon which it is situated), shall be conveyed, along with as built
plans, to the County by a customary means of conveyance. Corporation shall,]
in addition, grant necessary easements to County without change to connect
the water system to Countys Master Water System. Simultaneously, the County
shall give to the Corporation a maintenance lease for $1.00 per year, extend-
ing for the duration of this Franchise. The County shall require the corpora-
tion to comply with all landscape ordinance regulations as enacted by the County.
SECTION VII
All the facilities of the Corporation shall be constructed only in
s
r
accordance with plans and specifications approved by the Department of
Environmental Regulations of the State of Florida and the quantity and
quality of water delivered and sold and the manner of collection shall at all
times be and remain not inferior to the quality standards for public water
supply, and other rules, regulations and standards now or hereafter adopted
by the Department of Environmental Regulations of the State of Florida.
The Corporation shall maintain sufficient water pressure and mains of
sufficient size with fire hydrants and other facilities necessary -to furnish
-GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
fire protection at any and all areas within the territory serviced by the
Corporation. Said pressure standards shall be a minimum of 750 gallons per
minute for residential, and 2500 gallons per minute for commercial. The '
Corporation shall also supply all water through meters which shall accurately
measure the amount of water supplied to any consumer. The Corporation shall
at any time when requested by a consumer, make a test of the accuracy of any
meter; prior, however, to any test being made by the Corporation, the sum
of Five ($5.00) Dollars shall be deposited with the Corporation by the party
requesting such test. Such sum shall be returned if the test shows the meter
to be inaccurate in its delivery. The meter will be changed and if the meter
reading calibrates too high, a billing adjustment will be made for no more
than the past six (6) months actual readings. Whenver it is necessary to shut
off or interrupt service for the purpose of making repairs or installations,
the Corporation shall do so at such times as will cause the least amount of
i inconvenience to its consumers and, unless such repairs are unforeseen and
immediately necessary, it shall give, not less than five (5) days notice thereof,
to its consumers for non -emergencies.
SECTION VIII
(a) The Corporation shall have the authority to promulgate such rules,
11 regulations, terms, and conditions covering the conduct of its business as
shall be reasonably necessary to enable the Corporation to exercise its rights
and perform its obligations under this franchise and to issue an uninterrupted
service to each and all of its consumers; provided, however, that such rules,
regulations, terms and conditions shall not be in conflict with the provisions
hereof or with the laws of the State of Florida and all of the same shall be subject
to the approval of the Board.
(b) At all times herein where discretionary power is left with the
Board of County Commissioners, the Corporation, before discretionary action
is taken by the Board of County Commissioners, can request said Board that a
group of arbitrators be appointed, and such group shall consist of:
1. County Engineer.
2. Corporation Engineer.
3. One person selected by the above two persons. 3.
-5 -
BOOK 42 PAGE 5.37
JAN91 1980 CORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
I
r
JAN 91980 BOOK 42 PAGE 538
and this Board of Arbitrators shall make recommendations to the Board of
I
County Commissioners, but such recommendations are not mandatory. k
Any final decision the Arbitrators or Board may have, with respect to
this franchise, can be appealed to the Circuit Court of Indian River County,
by either party.
I
SECTION IX
All pipes, mains, hydrants, valves, and other fixtures laid or placed
by the Corporation shall be so located in the public places in the County after
approval by County Engineer, so as not to obstruct or interfere with other uses
made of such public places already installed. The Corporation shall, when- R
ever practicable, avoid interfering with the use of any street, alley or other
i
highway where the paving or surface of the same would be disturbed. In case
e
of any disturbance of pavement, sidewalk, driveway or other surfacing, the
Corporation shall, at its own cost and expense and in a manner approved by
1
the County Engineer, replace and restore all such surface so disturbed in as
good condition as before said work was commenced and shall maintain the re- i
storation in any approved condition for a period of one (1) year. In the event
that any time the County shall lawfully elect to alter or change the grade of or
relocate or widen or otherwise change any such public way, the Corporation,
shall upon reasonable notice by the County, remove, relay and relocate its
fixtures at the Corporation's expense. The Corporation shall not locate any
of its facilities nor do any construction which would create any obstructions
or conditions which are or may become dangerous to the traveling public. In
the event any such public place under or upon which the Corporation shall have
f
located its facilities shall be closed, abandoned, vacated, or discontinued,
the board may terminate such easement or license of the Corporation thereto;
provided, however, in the event of this termination of easement, the party
other than the County requesting such termination shall pay to the Corporation,
in advance, its costs of removal and relocation of the removed facilities in
order to continue its service as theretofore existing, or the County shall
retain an easement not less than ten (10) feet in width for the benefit of the
Corporation and its facilities.
-CORDON B. JOHNSTON, ATT'OR":EY AT LAW, VERO BEACH, FLORIDA
M
cL'1r-rrnTT V
The Corporation shall not as to rates, charges, service facilities,
rules, regulations or in any other respect make or grant any preference or
advantage to any person nor subject any person to any prejudice or dis -
advantage.
SECTION XI
(a) The Corporation shall furnish, supply, install and make available
its public water system to any and all persons within the territory making
demand therefor, and shall provide such demanding person with its services
and facilities, provided, however, that the Board may, upon application of the
Corporation, extend time for providing such service to such demanding
person. In the event the Corporation fails to provide its services and facilities
as a water system to any area within the territory within time provided, then
in such event the County may by resolution of the Board, limit, restrict and
confine the territory to that area then being serviced by water by the Corpora -
,i
tion or such greater area as the Board shall determine and thereafter the
territory shall be only the area set forth, defined and provided by the Board
and the provisions of this franchise shall not extend beyond the limits of the area
so restricted and defined.
(b) The Corporation shall not be required to furnish, supply, install
and make available its public water system to any person within the territory
as hereinbefore set forth, unless the same may be done at such a cost to the
Corporation as shall make the addition proposed financially feasible.
Financially feasible shall mean that a fair and reasonable rate to be charged
by the Corporation for all its services under this franchise; that such rate of
return on the net valuation of its property devoted thereto under efficient and
economical management. The burden of showing that a prospective service
to the area is not financially feasible shall be the burden of the Corporation.
i
-7 _
�I BOOKG PA,E;•
,SAN 101980 CORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA r
r-
JAN..91980 Boa 42 PAGE 540
SECTION XII
i
The Corporation, or its Shareholders, shall not sell or transfer its
plant or system, or corporate stock, to another nor transfer any rights under .i
this franchise to another without the approval of the Board, and provided
further that no such sale or transfer after such approval shall be effective
until the vendee, assignee or lessee has filed with the Board an instrument in
writing reciting the fact of such transfer and accepting the terms of this
franchise and agreeing to perform all of the conditions thereof. In any event,
this franchise shall not be transferrable and assignable until notice or request
for transfer and assignment shall be given by the Corporation to the Board in
writing, accompanied by a request from the proposed transferee, which
r
application shall contain information concerning the financial status and other
qualifications of the proposed transferee and such other information as the
Board may require. A public hearing shall be held on such request of which
notice shall be given by publication in a newspaper regularly published in the
County at least one time not more than one month or less than one week pre-
ceding such hearing. Certified proof of publication of such notice shall be
filed with the Board. Said hearing may thereafter be continued from time to
i
time as determined by the Board. The consent by the Board to any assignment
of this franchise shall not be unreasonably withheld. Any sale or transfer, by
the Corporation or Shareholders of the Corporation, taking place contrary to
the terms and conditions of this paragraph shall be considered by the Board to
be a default by the Corporation under this franchise agreement and subject
this franchise to termination.
SECTION XIII
Corporation warrants adequate capacity to service existing or antici-
pated customers and agrees not to provide water service unless adequate
i
capacity is available at the time any new connection is made.
SECTION XIV
The rates charged by the Corporation for its service hereunder shall
be fair and reasonable and designed to meet all necessary costs of the service,
including a fair rate. of return on the net valuation of its properties devoted
-WRDON B. JOHNSTCN, ATTORNEY AT LANV, VERO BEACH, FLORIDA - -
thereto under efficient and economical management. The Corporation agrees
that it shall be subject to all authority now or hereafter possessed by the
County or any other regulatory body having competent jurisdiction to fix
just, reasonable and compensatory rates. When this franchise takes effect,
the Corporation shall have authority to charge and collect, but not to exceed
the following schedule of rates, which shall remain effective until changed
or modified as herein provided, to wit:
MONTHLY WATER QUANTITY RATES PER UNIT:
First 2,000 gallons. .' ,. . . . . . . . . . . . . . $10.00
Each 2, 000 gallons , , , , , , , , , , , , , , , , $ 2.00
CONNECTION CHARGE PER UNIT:
Connection charge to be $l, 000.00 plus cost of materials and
installation,
ESCROW CHARGE PER UNIT. . . . . . . . . . $200.00
(a) The Corporation agrees upon the completion of each unit, to pay
County, as a future hook-up charge into the County's master water system, a
payment in the amount of $200.00. The County will establish an interest -
bearing passbook account and will deposit each $200.00 unit payment into said
account, holding said funds until such time as the County is in a position to
supply water services to the franchised area. The parties agree that the
account shall be in the County's name and shall be held under the following
i
conditions:
(1) At any time that the County shall acquire its own water
distribution system, and shall furnish water services to individual customers,
all sums of money remaining in said account shall become the absolute
property of the County and the Corporation shall relinquish all rights thereto.
The County may raise or lower the impact fee by ordinance. Rom the effective
date of change the fund will accrue with the revised charges deposited in the
County's account.
i
I;
JAN ' 91980
rwz
s
00K
CORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
44 PAGE 541.
JAN ;D 1980
�QOK 42 WAGE 542
(b) Ten percent (10%) of the gross rates charged and received shall
be placed in a second County interest bearing account and accumulated until
the balance reaches $30,000.00 dollars. The balance of the account may be
E
F
adjusted by the Board of County Commissioners at such time as the need arises
due to inflationary repair or replacement or other unforeseen costs. Said
E
funds shall be used as a sinking fund and applied only for repairs and or replace-
ment of the water systems as the need arises. County is granted the right to
make necessary repairs using said fund in the event of default on the part of
Corporation in maintaining the quality standards established herein.
SECTION XV
The County shall have access at all reasonable hours to all of the
Corporation's plans, contracts, engineering data, accounting, financial,
statistical, consumer and service records, relating to the property and to
all other records required to be kept hereunder, and the Corporation shall
file such accounting reports and data with the County on an annual basis. The
Corporation shall maintain a current and separate set of books for the
accounts relative to the operation of the water system maintained under this
franchise and shall provide County with annual audit and tax returns prepared y
and filed on behalf of the Corporation.
SECTION XVI
The Corporation shall at all times maintain public liability and
property damage insurance in such amounts as shall be required from time
to time by the Board in accordance with good business practices as determined,
by safe business standards as established by the Board for the protection of
F
the County and the general public and for any liability which may result from
any action of the Corporation. If any person serviced by the Corporation
after request is made upon it by the Board, fails to satisfy or remedy such
complaint or objection is not proper, the Board may thereupon, after due
notice to such utility, schedule a hearing concerning such complaint or
objection and the Board may review the rates and charges set and charged by
the Corporation for the service it furnishes or the quality of services
fu rni shed.
-10-
GORDON
10-
GORDON B. JOHNSTON, AT'iOR."BEY aT LAW, VERO BEACH, FLORIDA
M
If the Board enters its order pursuant to such hearing and the Corporation
feels it is aggrieved by such Order, the Corporation may seek review of
the Board's action by proceedings in the Circuit Court of the County; otherwise,
the Corporation shall promptly comply with the order of the Board.
SECTION XVII
Should the Corporation desire to establish rates and charges or
should the Corporation desire to increase any charges heretofore established
and approved by the Board, then the Corporation shall notify the Board in
writing, setting forth the schedule of rates and charges which it proposes.
A public hearing shall then be held on such request, of which notice shall be
given by publication in a newspaper regularly published in said County at
least one time not more than one month or less than one week preceding
such hearing. Certified proof of publication of such notice shall be filed
with the Board. Said hearing may thereafter be continued from time to time
as determined by the Board. If the Board enters an Order pursuant to such
hearing and the Corporation or any person feels aggrieved by such order, then
the Corporation or such person may seek review of the Board's action by
proceeding in the Circuit Court of the County.
SECTION XVIII
Prior to the Corporation placing any of its facilities in any of the
public places as herein authorized, the Corporation shall make application to
and obtain a permit from the County Engineer authorizing said construction
in the same manner as permits are authorized in the County for the use of the
public roads as shall now or hereafter be established by regulations of the
County. The County shall have the right when special circumstances exist
to determine the time in which such construction shall be done.
SECTION XIX
If the Corporation fails or refuses to promptly and faithfully keep,
perform and abide by each and all of the terms and conditions of this franchise,
then the Board shall give the Corporation written notice of such deficiencies
or defaults and a reasonable time within which the Corporation shall remedy
the same, which notice shall specify the deficiency or default. If the Corpora -
tion fails to remedy such deficiency or default within the time required by
42 fact �4
JAN91980 GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
'JAN 91980 BOOK 42 F4GE544
the notice from the Board, the Board may thereafter schedule a hearing
concerning the same with reasonable notice thereof to the Corporation and
after such hearing at which all interested parties shall be heard, the Board
may further limit or restrict this franchise or may terminate and cancel the t
same in whole or in part if proper reasons thereby are found by the Board.
If the Board enters an order pursuant to such hearing and the Corporation or
any other person feels aggrieved by such order, the utility or such other
person may seek review of the Board's action by proceedings in the Circuit
Court of the County.
SECTION XX
Any person using in normal average consumption more than 100,000
gallons of water per day shall not be required to deal with the Corporation but t
any such water user shall be at liberty to secure its water from such source
s
or sources as it might desire, so long as the independent water source does
not adversely affect corporate supply. Nothing in this franchise shall prevent
landowners from exercising their vested rights or privileges as set forth and
contained in any license issued to any utility heretofore granted by the Board
pursuant to Section 125.43, Florida Statutes.
SECTION XXI
The Corporation shall design all facilities within the Franchise Area
to conform to the Indian River County Master Plan for utilities, when applicable.
Permits shall be required for the placement or location of wells and treatment
plant. The County Engineer, or his designee, shall approve the plans and
permits. In addition, all plans shall be approved by the Department of
Environmental Regulation and other appropriate agencies. County shall make
necessary inspections during construction, and quarterly thereafter, at the
cost of $20.00/unit as covered by the permit fee
-12-
GORDON
12_
CORDON B. !CHNZ-O:+, ,'ATTORNEY AT LAW, VERO BEACH, FLORJD,i
SECTION XXII
The Franchise and rights hereto granted shall take effect and be in
force from and after the time of the adoption of this resolution by the Board
and shall continue in force and effect until such time as the County is operat-
ing
perat-
ing a public -owned water system and agrees to service the area presently
served under the franchise distribution system. The Corporation acknowledges
that is has entered into an agreement with the County whereby, upon written
notification from the County, the Corporation will, at its own expense,
terminate the lease of the distribution system, grant necessary easements,
remove the water plant, and terminate this franchise. County, as its expenses,
shall connect the franchise's distribution system and other necessary appur-
tenances which have been conveyed to County to the County's distribution lines
and service the franchise area. The Corporation agrees to grant to County
any easements necessary to connect the franchise's distribution system to
the County's distribution system.
The water plant, and the real property upon which the water plant is
situated, shall remain the property of the Corporation. The Corporation grants
to the County the right to purchase the said water plant and real property,
or any part thereof, within thirty (30) days from the time this franchise
becomes null and void, upon terms and conditions mutually agreed upon
by the County and the Corporation. In the event County purchases any of
the real property, it shall purchase said real property in segments of not
less than whole lots.
SECTION XXIII
If any word, section, clause, or part of this resolution is held invalid,
such portion shall be deemed a separate and independent part and the same
shall not invalidate the remainder.
JAN -91900
-13 -
a�aK 42 PAGE 545
CORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
�J
JAN 91900 sooK 42 PAGE 546
IN WITNESS WHEREOF, the Board of County Commissioners of
Indian River County, Florida, has caused this franchise to be executed in
the name of the County of Indian River by the Chairman of the Board of
County Commissioners, and its seal to be affixed and attested by its Clerk,
all pursuant to the resolution of the Board of County Commissioners adopted
on the 7th . day of November , 1979.
Signed, sealed and delivered
in the presence of:
COUNTY OF INDIAN RIVER, FLORIDA
By: it r j
A s hairm o the B,oa xd -6P ,
County Commis'sio`ners
Attest: �,tc4_2
Clerk
ACCEPTANCE OF FRANCHISE
SAND DOLLAR BUILDERS, INC., a Florida corporation, does hereby accept
the foregoing franchise, and for their successors and assigns, does hereby
covenant and agree to comply with and abide by all of the terms, conditions,
and provisions therein set forth and contained.
SAND DOLLAR BUILDERS, INC.
l
By:,,/,y c.�
Charles W. Weiche, Vice -President
Dated at Vero Beach, Indian River County, Florida, this 3rd day
of January , 1980.
STATE OF 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 Charles W. Weiche, Vice -President of Sand Dollar
Builders, Inc., and he acknowledged before me that he executed the foregoing
instrument for the use and purposes therein expressed.
WITNESS my hand and official seal in the State and County aforesaid
this 3rd day of January , 1980.
Notary Public, State of Florida at Large.
My commission expires: 4-21-82
GORDON B. JOHNSTON. ATTORNEY AT LAW, VERO BEACH, FLORIDA
r � �
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
N0. 64314 - 64463 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 5:45 O'CLOCK P.M.
ATTEST:
CLERK
JAN' 9190
131
CHAIRMAN
900K 42 PAGE 547