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HomeMy WebLinkAbout6/25/1980JUNE 25, 1980 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE CITY HALL COUNCIL CHAMBERS, 1053 20TH PLACE, VERO BEACH, FLORIDA, ON WEDNESDAY, JUNE 25, 1980, AT 8:30 0 CLOCK A.M. PRESENT WERE ALMA LEE LOY, VICE CHAIRMAN: WILLIAM C. WODTKE, JR.; R. DON DEESON: AND PATRICK B. LYONS. ABSENT WAS CHAIRMAN WILLARD W. SIEBERT, JR., WHO WAS OUT OF TOWN. ALSO PRESENT.WERE JACK G. JENNINGS, COUNTY ADMINISTRATOR: L. S. "TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR: JEFFREY BARTON, FINANCE OFFICER: AND VIRGINIA HARGREAVES, DEPUTY CLERK. GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS WAS TEMPORARILY DELAYED. VICE CHAIRMAN LOY, ACTING IN THE CHAIRMAN'S ABSENCE, CALLED THE MEETING TO ORDER AND LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, COMMISSIONER DON DEESON GAVE THE INVOCATION. VICE CHAIRMAN LOY ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF MAY 21, 1980, ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF MAY 21, 1980, AS WRITTEN. THE VICE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF JUNE 4, 1980. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF JUNE 4, 1980, AS WRITTEN. VICE CHAIRMAN LOY NOTED THAT THIS MEETING IS TAKING PLACE JUST ONE WEEK FROM THE LAST REGULAR MEETING,WHICH WAS JUNE 18TH, AND THERE WERE A FEW PROBLEMS IN PUTTING THE AGENDA TOGETHER IN THAT TIME PERIOD. SHE ASKED IF THERE WERE ANY ADDITIONS TO TODAY'S AGENDA. COMMISSIONER LYONS STATED THAT HE WOULD LIKE TO ADD A BRIEF REPORT ON INDIAN RIVER BOULEVARD. c 3 a JUN 25190 _I JUN 2 51980 mox 43 P 8 1 ADMINISTRATOR JENNINGS REQUESTED THAT THE FOLLOWING THREE ITEMS BE ADDED TO THE AGENDA: (1) RELEASE OF SOME BOND MONEY FOR LAUREL HOMES; (2) AN EXTENSION OF TIME FOR H. D. ROGERS, WHO RESIDES IN A HAZARD- OUS STRUCTURE LOCATED ON PROPERTY OWNED BY ZETTIE EALY; AND (3) AN ADDITION TO THE BUILDING PERMIT PROCEDURES, PER THE UTILITY AND PLANNING DEPARTMENTS. VICE CHAIRMAN Loy WISHED TO ADD THE FOLLOWING TO TODAY'S AGENDA: (1) A REPORT ON THE SOUTH COUNTY FIRE DISTRICT; (2) AN EXTENSION OF THE STATE CONTRACT REGARDING THE SPOIL ISLANDS STUDY; AND (3) DISCUSSION REGARDING A POSSIBLE PURCHASE OF 55 ACRES NORTH OF THE NORTH RELIEF CANAL. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADDED ALL THE ABOVE ITEMS TO THE AGENDA. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM FOR RICHARD LAURENCE PRENDERGAST. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER . DEESON, THE BOARD UNANIMOUSLY APPROVED RENEWAL APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM FOR STANLEY BROXTON. THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: RECEIPT FOR DEPOSIT OF COUNTY FUNDS, SHERIFFS DEPARTMENT, N0. 1322, IN THE AMOUNT OF $1,180.70. DEPARTMENT OF CORRECTIONS INSPECTION REPORT OF COUNTY AND MUNICIPAL DETENTION FACILITIES - DATED FEBRUARY 28, 1980 THE BOARD NEXT DISCUSSED THE FOLLOWING LETTER FROM BETTY RODGERS, LIBRARY DIRECTOR, RE THE FLORIDA STATE LIBRARY PLANNING GRANT: June 17, 1980 To: County Commissioners e , C Aa�wow a�oe�oe &6&"w7 Antij(f <JI11PlGl1P h/ <%f2T,Y'- Although the Library Board made the decision to apply for the Florida State Library Planning Grant, the County Commissioners must make the Resolution and sign the Application. The $3,000 grant for the study and ten year projection will not need to be matched. An outside consultant, who is a professional librarian, will do the study. I understand it would be either Dr. William Summers or Dr. Grazier. The Planning Grant Assignment would include projections for county -wide growth, ten year physical facility projections and alternative delivery systems; library resources related to library service objectives including current and future needs, staff and materials; service objectives related to community analysis, needs, and demands; funding patterns and future potential, basic plus alternatives; and the roles and responsi- bilities of the local government and library board in the functioning of library service. Sincerely, ,� f'� l J /•r �y Betty Rodgers I' Library Director COMMISSIONER LYONS INFORMED THE BOARD THAT A REPORT ON THE LIBRARY STUDY WAS MADE BY MR. MASON AT THE LIBRARY BOARD MEETING, AND THE LIBRARY BOARD DECIDED THAT THEY WANTED TO PUT TOGETHER A COMMITTEE TO SEE WHAT THEY MIGHT DO ABOUT PUTTING IN SOME OF THE SUISG STIONS MADE IN THE REPORT. THEY ALSO NOTED THERE WAS A PLANNING GRANT AVAILABLE, AND THEY WANTED TO HAVE AN INDEPENDENT STUDY. COM- MISSIONER LYONS CONTINUED THAT THE ONLY THING THAT BOTHERED HIM IS WHERE THE AGREEMENT STATES THAT THE STATE SHALL PROVIDE A REPRESENTATIVE TO MEET. WITH A CONSULTANT RETAINED BY THE COUNTY. HE KNEW NOTHING ABOUT A CONSULTANT TO BE RETAINED BY THE COUNTY AND FELT THAT WE NEED MORE EXPLANATION. G� J JUN 2 519SO Soo 43 PA��, Z _I AN 2 519 ao Boox 43 PACE 853 COMMISSIONER WODTKE SHARED THE SAME CONCERN AS COMMISSIONER LYONS AND CONTINUED THAT EVEN THOUGH IT SAYS THAT WE DO NOT HAVE TO MATCH THE $3,000 GRANT, HE WONDERED IF THAT MEANT WE DONT HAVE TO MATCH IT, BUT JUST HIRE A CONSULTANT. COMMISSIONER LYONS FELT THIS IS SOMETHING HE WAS NOT READY TO SIGN AND REQUESTED THAT THIS ITEM BE CONTINUED UNTIL LATER TODAY WHEN MR. BEIDLER, PRESIDENT OF THE INDIAN RIVER COUNTY LIBRARY P.SSOCI- ATION, COULD BE PRESENT. VICE CHAIRMAN LOY AGREED THIS WOULD BE BEST BECAUSE SHE FELT ALL THE COMMISSION MEMBERS SHARES THE SAME CONCERN, AND THE MATTER WAS CONTINUED TILL LATER TODAY. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED RETRO -ACTIVE OUT -OF -COUNTY TRAVEL FOR CIVIL DEFENSE DIRECTOR LEE NUZIE TO -ATTEND A MEETING CONDUCTED BY THE FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION IN REGARD TO THE REGULATIONS IMPLEMENTING SUBTITLE C OF THE RESOURCE CONSERVATION AND RECOVERY ACT AT PALM BEACH .JUNIOR COLLEGE, WEST PALM BEACH, ON JUNE 17, 1980. ADMINISTRATOR JENNINGS PRESENTED TO THE BOARD THE FOLLOWING REQUEST FOR RELEASE FROM A CASH BOND BY LAUREL BUILDERS: 4 P. O. BOX 789 iv FERN PARK a FLORIDA 32730 June 20, 1980 Mr. Jack G. Jennings, Administrator Indian River County Courthouse Vero Beach, Florida 32960 Re: Partial Bond Release Laurelwood, Unit 3 Indian River County Dear Mr. Jennings: TELEPHONE 831-2211 This is to certify that the below stated percentage of subdivision development work has been completed in substantial accordance with the approved plans and specifications. Percent Type of Work Bond Amount ConlPIC tc Street Paving $79,046.40 Storm Drainage $15,698.75 $94,745.15 Amount to be Released 81.5% $64)425.10 78. 9io $12,380,00 } $76,805.10 In accordance with agreements concerning the Developer's Cost Completion Bond and Escrow Agreement posted prior to recording the plat of Laurelwood, Unit 3, request Indian River County release $76, 805.10 from the cash bond at this time by check made payable to Laurel Builders, Inc. This is also to advise you that the sewer and water utility systems are substantially finished and the street soil cement base has been processed. If you or one of your representatives have the opportunity, we would appreciate your review of the job prior to our laying, the asphalt surface course. Zl If you have any questions, please call. Yours truly, LAUREL BUILDERS, INC, Robert T. Shutts Executive Vice President RTS /eh --- } cc: Peter G. Robinson .7�j?rr y �- �:� /`'�'✓- ���" �'�'�s E' — 6 0' /g0 -' C✓` THE ADMINISTRATOR REPORTED THAT HE HAS CHECKED THIS OVER, AND IT IS IN ORDER. COMMISSIONER WODTKE ASKED IF HE HAD BRIEFED LAUREL BUILDERS ON WHAT WE LOOK TO BE OUR NEW POLICY IN THE FUTURE. HE FELT THE ADMINISTRATOR HAD INDICATED THAT HE DID NOT WANT TO GET INTO THESE PARTIAL RELEASES AND THAT THE WORK SHOULD BE COMPLETED BEFORE THE BOND IS RETURNED. An 5 JUN 251980 I Boox 43 PAu$55 ADMINISTRATOR JENNINGS STATED THAT WAS CORRECT, BUT POINTED OUT THAT THIS SITUATION IS IN ACCORD WITH AN -EXISTING AGREEMENT. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED A PARTIAL RELEASE OF THE CASH BOND ON LAURELWOOD, UNIT 3, IN THE AMOUNT OF $76,805.10. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT AT THE MEETING OF MARCH 5, 1980; H. D. ROGERS WAS WAS GRANTED AN 120 DAY EXTENSION OF TIME TO REMAIN IN THE HAZARDOUS STRUCTURE OWNED BY ZETTIE EALY. THIS TIME IS DUE TO RUN OUT JULY 5TH, AND MR. ROGERS IS LIVING IN THIS HOUSE WITH HIS WIFE AND SION WHO HAVE BEEN IN AN AUTOMOBILE ACCIDENT: HE HAS NOT BEEN ABLE TO MAKE OTHER ARRANGEMENTS AND HAS ASKED FOR ANOTHER FOUR MONTH EXTENSION. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED AN EXTENSION OF 120 DAYS FROM JULY 5TH TO MR, ROGERS BASED ON HARDSHIP AS ABOVE. ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAD ATTENDED A MEETING YESTERDAY WITH REPRESENTATIVES OF THE PLANNING DEPARTMENT AND THE UTILITY DEPARTMENT IN REGARD TO A PROCEDURAL PROBLEM IN THE OBTAINING OF BUILDING PERMITS, AND IT RESULTED IN THE FOLLOWING MEMO; 6 i _I 410141 C: \�' I1Ful TO: Board of County Commissioners FROM: Jack Jennings, County Administrator SUBJECT: Request for Administrative Procedure for Building Permits DATE: June 24, 1980 Under previous practices, development construction was possible prior to complete planning and approval by the County as to the water and sewer utilities. To prevent this from recurring, a procedure is proposed which inserts the review and approval of the utility details before building permits can be issued. An additional step will occur as shown in the following list: 1. Plat or Site Plan Approval (Requiring Utilities conceptual approval) 2. Zoning Permit 3. Utility Approval per attached procedure (previously approved by the Board of Commissioners) 4. Building Permit (adding the letter of notification to the Building official as an intermediate step in the process) THE ADMINISTRATOR CONTINUED THAT IT SEEMED THAT AFTER THE SITE PLAN HAD GONE THROUGH THE SITE PLAN APPROVAL PROCEDURE AND WAS SENT OVER TO BUILDING DIRECTOR RYMER, SHE APPARENTLY FELT AT THAT POINT EVERYTHING WAS CLEARED AND SHE COULD ISSUE A BUILDING PERMIT. THE PROBLEM HERE IS THAT PEOPLE SHOULD GET AN APPROVED UTILITY FRANCHISE BEFORE THEY CAN GET A BUILDING PERMIT: OTHERWISE, THEY COULD GET A BUILDING HALFWAY UP AND POSSIBLY NOT GET A FRANCHISE.- WHICH-THEN RANCHISE,WHICH-THEN PUTS PRESSURE ON EVERYONE. A SIMPLE ADDITION TO THE ADMINISTRATIVE PROCEDURES SHOULD ELIMINATE THIS PROBLEM. UTILITY DIRECTOR LINER STATED THAT WHETHER THIS INVOLVES A FRANCHISE OR AN EXISTING DEVELOPMENT, THIS PROCEDURE WILL WORK. ESSENTIALLY, ITEM 3 - UTILITY APPROVAL AND NOTIFICATION BEFORE ISSUING BUILDING PERMIT - IS WHAT HAS BEEN ADDED TO THE PROCEDURE, 7 .JUN 2 5 19 0 BOOK 43 Pa E 85 7 COMMISSIONER WODTKE NOTED THAT APPARENTLY THE INDIVIDUAL RESIDENT WHO WISHES TO BUILD A SINGLE FAMILY HOME HAS NOT BEEN IN- CLUDED, AND HE FELT WHETHER IT IS A DEVELOPMENT, A SINGLE FAMILY HOME, OR A COMMERCIAL OR INDUSTRIAL BUILDING, THEIR UTILITIES ALL SHOULD BE ADDRESSED BEFORE A BUILDING PERMIT IS ISSUED. HE BROUGHT UP THE INSTANCE OF THE CLOCK RESTAURANT WHERE THEY GOT A PERMIT AND WERE READY TO OPEN, BUT THERE WAS NO PLACE TO HOOK UP THEIR SEWAGE: SO, THEY WENT TO THE REGULATORY AGENCIES AND GOT A PERMIT TO PUT IN A TANK FOR ON $ITE TREATMENT. ADMINISTRATOR JENNINGS EXPLAINED THAT MR. LINER HAD LEARNED THAT HIS CONCEPTUAL APPROVAL OF PROPOSED UTILITIES COULD BE CON- SIDERED BY THE BUILDING DEPARTMENT AS APPROVAL TO ISSUE A BUILDING PERMIT, AND THIS WAS NOT INTENDED: THE PERMIT SHOULD NOT BE ISSUED UNTIL THE FRANCHISE IS ACTUALLY EXECUTED OR OTHER SPECIFIC UTILITY ARRANGEMENTS APPROVED. THE ADMINISTRATOR AND MR. LINER BOTH AGREED THAT THE WORDING SHOULD BE REVISED TO COVER AN INDIVIDUAL RESIDENT, AND ADMINISTRATOR .JENNINGS FELT THAT BEFORE BUILDING DIRECTOR RYMER ISSUES A BUILDING PERMIT, UTILITY DIRECTOR LINER SHOULD GIVE THE FINAL WRITE OFF. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED THE REVISED ADMINISTRATIVE PROCEDURE FOR BUILDING PERMITS WITH THE ADDITION OF THE NECESSARY CHANGES TO INSURE THAT SIMILAR PROCEDURES ARE FOLLOWED IN ALL CON- STRUCTION THAT WOULD REQUIRE UTILITIES. VICE CHAIRMAN LOY ANNOUNCED THAT .JOHN BEIDLER, PRESIDENT OF THE LIBRARY ASSOCIATION, HAS BEEN CONTRACTED RELATIVE TO THE MATTER OF THE STATE GRANT DISCUSSED EARLIER. HE IS NOT AS FAMILIAR WITH THIS PARTICULAR GRANT AS HE WOULD LIKE TO BE, AND IT IS SUGGESTED THAT WE, THEREFORE, HOLD THIS ITEM OVER UNTIL THE NEXT MEETING SO THAT HE CAN DO MORE INVESTIGATING. SHERIFF .JOYCE CAME BEFORE THE BOARD TO DISCUSS HIS PROPOSAL TO SELL THE COUNTY A MAINTENANCE BUILDING AS PER THE FOLLOWING MEMOS: s �■r _I P. O. BOX 608 PHONE 362-7911 May 1, 1980 Y. V SAM T. J OYC E .-[ATDIA1V .RIVET? C O U,VnT MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION VE-RO DEACII. FI-ORIDA 32060 Mr. Jack G. Jennings, County Administrator Indian River County Courthouse Vero Beach, Florida 32960 Dear Mr. Jennings: As you know, I will be retiring as Sheriff of Indian River County at the end of my present term. In use at present, is an all steel building which was built by me at no expense to the county located over by the Sheriff's Department Headquarters on 17th Avenue. This building is being used in conjunction with our Automotive Main- tenance department to store very expensive tools and equipment used by our maintenance mechanic. This building is 12' X 12% and is 7' 811 high, and has been in use by this department for a period of eleven years. It is in excellent condition. I would very much appreciate the Board of County Commissioners consider Purchasing this building for continued use by the Sheriff's Department, and feel that a price of $750.00 to be fair and equitable. I will be happy to go with them to look at the building and location. I will deeply appreciate hearing from you at your earliest convenience on this matter, and if there are any questions regarding this matter, please feel free to contact me. our , . JOYC SHERI June 20, 1980 MEMORANDUM TO: The Board of County Commissioners FROM: Assistant County Administrator SUBJECT: Sheriff Joyce's proposal to sell maintenance building The steel building offered by the Sheriff is currently being used. It would cost the County approximately $1,250.00 to replace this building. It is recommended that the Board accept Sheriff Joyce offer and purchase the building for $750.00. Pons 43 PAuS58 JUN 2 5 1980 Neil A. Nelson, Asst. County Administrator $o 43 p- 'Am 859 COMMISSIONER LYONS ASKED WHO OWNS THE BUILDING NOW, AND SHERIFF .JOYCE STATED THAT HE PERSONALLY OWNS IT. HE BUILT IT AND USED IT FOR I1 YEARS IN HIS OPERATION AT NO EXPENSE TO THE COUNTY; HE FIGURES THAT A STEEL BUILDING DID NOT DEPRECIATE ANY; AND HE DID NOT BELIEVE HE IS REALLY ASKING WHAT IT IS WORTH. HE EXPLAINED THAT HE ORIGINALLY BUILT IT AS A UTILITY SHED FOR HIS HOUSE, BUT SOLD THE HOUSE AND BROUGHT THIS BUILDING TO THE JAIL WHEN HE MOVED. COMMISSIONER LOY ASKED IF THIS IS THE AUTOMOBILE MAINTE- NANCE SHED, AND SHERIFF .JOYCE STATED THAT THE GARAGE WAS BUILT MOSTLY OUT OF THE PLYWOOD THEY GOT FROM A RAID ON AIA. THE BUILDING TO WHICH HE IS REFERRING IS A STEEL BUILDING WITH A STEEL ROOF, AND IT IS THE SAME GAUGE AS THE COUNTY BARN. IT HOUSES ALL THEIR MAINTE- NANCE TOOLS AND STORAGE, AND HE DOUBTED IT COULD BE REPLACED FOR UNDER $1,200 OR $1,400. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY ACCEPTED THE RECOMMENDATION OF THE ADMINISTRATOR TO PURCHASE THE STEEL BUILDING OFFERED BY SHERIFF JOYCE FOR $750.00. VICE CHAIRMAN LOY REQUESTED THAT THE SHERIFF REVIEW HIS PROPOSED 1980-81 BUDGET. SHERIFF JOYCE STARTED WITH SALARIES, NOTING THAT THE SHERIFF S SALARY IS SET BY THE STATE LEGISLATURE AND HE HAD JUST BEEN NOTIFIED THAT AS OF OCTOBER IST, IT WILL BE $29,620 INSTEAD OF THE $27,825 SET OUT, THE SHERIFF THEN WENT ON TO REVIEW IN DE- TAIL THE SALARIES FOR THE VARIOUS CATEGORIES, EXPLAINING THAT THEY HAVE TWO TYPES OF EMPLOYEES - SPECIAL RISK AND REGULAR RISK - AND THAT THEY HAVE TWO KINDS OF RETIREMENT APPLYING TO THOSE EMPLOYEES. REGULAR RISK WOULD INCLUDE SUCH JOBS AS RADIO OPERATORS, CLERK - TYPISTS, COOKS, MAINTENANCE, ETC. THE MAJOR PART OF THE SALARIES GOES FOR THE UNIFORMED DIVISION, SPECIAL RISK. THERE ARE 53 UNIFORMED DEPUTIES; 13 PEOPLE IN INVESTIGATIONS; 11 PEOPLE IN THE .JAIL DIVISION; 6 SPECIAL RISK CIVIL DEPUTIES; AND 3 PEOPLE IN THE YOUTH AID DIVISION (2 OF THOSE WERE ON THE LEAA MATCHING FUNDS UNTIL .JUNE). HE COMMENTED THAT THE FUNDS BUDGETED FOR SPECIAL DUTY OVERTIME GO BACK TO THE GENERAL FUND IF NOT USED. THE SHERIFF THEN REVIEWED THE NUMBER OF PEOPLE EMPLOYED IN THE VARIOUS CATEGORIES LISTED AS REGULAR RISK. THE SHERIFF WENT ON TO DISCUSS EXPENSE OTHER THAN SALARIES, NOTING THAT THE LARGEST EXPENSE IS AUTO EXPENSE AND OF THAT THE COST OF GAS IS BY FAR THE MAJOR ITEM. HE NOTED THAT HE WAS ABLE TO HOLD THE LINE BY GETTING A MECHANIC AND BUYING PARTS AT A DISCOUNT. SHERIFF JOYCE POINTED OUT THAT THE COST OF PARTS KEEPS RISING AND THE COST OF GAS, AND BY THE END OF THIS YEAR IT MAY BE $1.50 OR HIGHER. HE, THEREFORE, HOPED THEY COULD SQUEEZE BY WITH AN $18,000 INCREASE OVER LAST YEAR S ALLOWANCE FOR THIS EXPENSE. ATTORNEY COLLINS ENTERED THE MEETING AT 9:40 O'CLOCK A.M. SHERIFF JOYCE CONTINUED THAT OTHER CRIMINAL EXPENSE HAS ALMOST DOUBLED: IT INCLUDES OUR PRO -RATA SHARE OF THE INDIAN RIVER COUNTY CRIME LAB, WHICH IS UP ABOUT $1,500. THIS GOES ACCORDING TO POPULATION. WE PICK UP THE POPULATION OF SEBASTIAN, FELLSMERE AND INDIAN RIVER SHORES, AND VERO BEACH PAYS THEIR OWN. OTHER CRIMINAL EXPENSE INCLUDES SUCH THINGS AS FINGERPRINT AND PHOTOGRAPHIC SUPPLIES, PRISONER TRAVEL EXPENSE, RIOT CONTROL EQUIPMENT, TRAFFIC ACCIDENT KITS, ETC, IT IS PRESENTLY BUDGETED AT $4,200 A MONTH AND IS RUNNING IN THE RED. SHERIFF JOYCE NEXT DISCUSSED HOW EXPENSES AT THE JAIL HAVE RISEN, INCLUDING FOOD COSTS, AND THE FACT THAT THEY HAVE MORE INMATES THAN LAST YEAR. THE SHERIFF CONTINUED THAT THERE IS NO WAY THEY CAN DETERMINE HOW MUCH MONEY CARE OF PRISONERS WILL REQUIRE, ESPECIALLY SINCE THE FEDERAL COURTS ARE NOW TRYING TO REQUIRE THAT EVERY INMATE WHO ENTERS A JAIL WILL HAVE A COMPLETE PHYSICAL. THE SHERIFFS ASSOCIATION IS FIGHTING AGAINST SUCH A MANDATE BECAUSE THERE IS NO WAY A SHERIFF IN A SMALL COUNTY COULD BUDGET ENOUGH TO TAKE CARE OF WHAT THE FEDERAL COURTS ARE ASKING. HE STATED THAT HE PUT IN A $2,000 RAISE BUT HAS NO IDEA IF THIS WILL BE SUFFICIENT. THE SHERIFF CONTINUED TO REVIEW THE VARIOUS CATEGORIES, NOTING THAT OTHER ADMINISTRATIVE, WHICH IS A VERY LARGE ITEM, COVERS INSURANCE OF ALL TYPES, AS WELL AS MANY OTHER THINGS, AND THEY ARE ASKING FOR A $10,000 INCREASE THIS YEAR. UNDER THE EQUIPMENT BUDGET, THEY ARE ASKING FOR 14 NEW PATROL CARS. THEY WILL TRADE IN THE 75'S AND 76's, MOST OF WHICH HAVE BETTER THAN 100,000 MILES AND ARE STARTING TO COST A LOT OF MONEY. mo JUN 2 51990 11 _JUN 2 5 1980 aoox 43 PAGE86 SHERIFF JOYCE CONCLUDED THAT HIS TOTAL BUDGET INCREASE IS 17.06% OVER THE 79-80 BUDGET. HE STATED THAT IT IS OVER A MILLION LESS THAN BUDGETS OF SOME COUNTIES TO THE SOUTH OF US, AND HE BE- LIEVED IT IS A REASONABLE BUDGET. HE FURTHER NOTED THAT HE HAS RE- VIEWED THIS WITH THE MEN WHO ARE RUNNING FOR SHERIFF AND THEY ARE PRESENT AT THE MEETING TODAY. THE BUDGET AS PRESENTED. HE REQUESTED THAT THE BOARD APPROVE COMMISSIONER WODTKE ASKED IF WE ARE HERE TO DO AN IN-DEPTH LINE -FOR -LINE BUDGET REVIEW OR JUST FOR PRELIMINARY GENERAL COMMENTS BEFORE THE REGULAR BUDGET SESSION. COMMISSIONER LYONS FELT THAT THIS IS THE TIME FOR COMMENTS AND QUESTIONS BECAUSE SOME OF HIS QUESTIONS COULD NOT BE ANSWERED RIGHT OFF HAND. COMMISSIONER WODTKE NOTED THAT TALLAHASSEE IS ASKING THAT WE LIVE WITHIN AN 8% INCREASE, AND THE SHERIFF'S BUDGET IS UP 17.06%. HE STATED THAT HE COULD SEE REASONS WHY IT IS MORE THAN 8%. HE THEN WENT ON TO QUESTION THE PERCENTAGE OF INCREASE IN THE SALARIES. SHERIFF JOYCE STATED THAT IT IS 13.5% - 8% COST OF LIVING AND 5% MERIT. COMMISSIONER WODTKE BROUGHT UP THE GUIDELINES THE BOARD HAS ADOPTED, AND THEN DISCUSSED THE TOTAL NUMBER OF THE SHERIFF'S EMPLOYEES, SHERIFF JOYCE STATED THAT IT IS THE SAME. THEY HAD 105 LAST YEAR AND ADDED 4, WHICH THE BOARD KNOCKED OUT, BUT THESE WERE ADDED LATER IN THE YEAR: SO, IT IS STILL 109. COMMISSIONER WODTKE CONTINUED TO REVIEW THE NUMBER OF EMPLOYEES IN SPECIFIC POSITIONS. HE FELT THE SHERIFF HAD INDICATED THAT UNDER CLERKS, SECRETARIES AND BOOKKEEPERS, HE HAD 5 EMPLOYEES. SHERIFF JOYCE EXPLAINED THOSE WERE THE PERSONNEL AT THE .JAIL - A SUPERVISOR AND 4 CLERKS. THERE ARE FOUR IN HIS OFFICE, A RECEPTIONIST/SECRETARY, A POSTING MACHINE OPERATOR AND TWO CIVIL CLERKS, WHICH MAKES 9. HE STATED THAT TWO SECRETARIES IN INVESTI- GATIONS ARE ALSO LUMPED INTO THE $89,532.00 FIGURE. COMMISSIONER WODTKE NEXT DISCUSSED THE REQUEST TO BUY 14 PATROL CARS AND TRADE IN 9 AND ASKED IF THAT MEANT THEY WILL HAVE 5 ADDITIONAL CARS. I SHERIFF JOYCE STATED THAT IT DID BECAUSE THEY SOLD 3 THE OTHER DAY THAT WERE DEMOLISHED AND GOT $600 FOR THEM AND HAVE ONE WRECKED CAR: SO, THEY ARE ASKING FOR 14 NEW ONES WITH 9 TRADE-INS. THEY HAVE TO HAVE AT LEAST TWO FOR BACK-UP CARS. COMMISSIONER LYONS' QUESTIONS WERE CONCERNED WITH THE EXPENSE OF OPERATING THE CARS AT TODAY'S COSTS. HE WISHED TO ASCERTAIN THE GAS MILEAGE ON THE CARS CURRENTLY BEING OPERATED AND STATED THAT HE WOULD LIKE THE SHERIFF TO TAKE A LOOK AT THE POSSI- BILITY OF GOING INTO LEASING OF SOME FUEL EFFICIENT CARS AS A TRIAL TO SEE HOW THEY WOULD WORK OUT IN HIS OPERATION. COMMISSIONER LYONS FELT THERE HAS BEEN A TREND IN SURROUNDING COUNTIES TOWARDS MORE FUEL EFFICIENT CARS FOR THE SHERIFF'S OPERATION AND ALSO BELIEVED THAT STATISTICS MAY SHOW THERE IS FALSE ECONOMY IN RUNNING THE SHERIFF'S CARS MORE THAN TWO YEARS BECAUSE IN THE THIRD YEAR THE COST OF MAINTENANCE IS SOMETHING ON THE ORDER OF 7-10 TIMES THE FIRST YEAR'S MAINTENANCE. HE FELT THE PURCHASING DEPARTMENT WOULD BE VERY GLAD TO GET UP SOME PRELIMINARY FIGURES ON LEASING. SHERIFF JOYCE STATED THAT ALL OF HIS PROCESS SERVERS.- INVESTIGATORS, ERVERS, INVESTIGATORS, AND YOUTH AID PEOPLE ARE DRIVING SIX CYLINDER AUTO- MOBILES, AND HE DID NOT SEE ANY SAVING BETWEEN 6 CYLINDER AND 8 CYLINDER AND FELT THEY ARE FALSE ECONOMY. THE SHERIFF STATED THAT HE DROVE ONE OF THE SMALL CARS TO TALLAHASSEE, NEVER EXCEEDED 55 MPH, AND ALTHOUGH THE CAR HAD A STICKER CLAIMING 27 MPH, HE AVERAGED 15. HE STATED THAT AN AUTOMATIC V-8'WHEN LOADED WILL AVERAGE ABOUT 12 MPH. HE CONTINUED THAT THE CITY LEASES SOME SMALL CARS, BUT HE FELT THEY ARE NOT SAFE IN AN OPERATION SUCH AS HIS AND THAT THEIR UPKEEP RUNS JUST AS MUCH OR MORE THAN THE LARGER CARS, ESPECIALLY IF YOU HAVE TWO PEOPLE BEHIND THE WHEEL. SHERIFF JOYCE EXPLAINED THAT HE TRIED TO GIVE EACH MAN AN AUTOMOBILE, AND THEY WILL GO THREE YEARS THAT WAY. WITH TWO PEOPLE, THEY WILL ONLY LAST 15 MONTHS. HE FELT WITH LEASED CARS, UNLESS YOU SPECIFY HEAVY DUTY, YOU WOULD BE LUCKY TO GET SEVEN MONTHS. SHERIFF JOYCE POINTED OUT THAT CARS 13 JUN 251900 BOOK 43 PAGE.862 JUN 2 5 19 90 aom 43 PAcE 863 YOU BUY OFF THE FLOOR WILL NOT STAND THE STRESS OF LAW ENFORCEMENT ACTIVITY. OFFICERS MUST HAVE CARS WHICH THEY CAN MANEUVER AND WHICH WILL HOLD UP, AND HE, THEREFORE, BUYS SPECIAL BUILT CARS WITH HEAVY DUTY EQUIPMENT. HE EMPHASIZED THAT YOU NEED A SUBSTANTIAL CAR FOR MEN WHO SPEND EIGHT HOURS A DAY IN THEM GOING OVER ALL KINDS OF TERRAIN. HE THEN TALKED ABOUT "OPEN END" CONTRACTS WITH LEASING AGENCIES, AND FELT YOU REALLY DON'T KNOW ABOUT THE COSTS UNTIL YOU TURN THE CARS IN. THE SHERIFF INFORMED THE BOARD THAT HE GOT FIGURES FROM TWO LEASING AGENCIES THIS MORNING, AND THEY INDICATED A TWO- YEAR CONTRACT WILL RUN $385 PER MONTH AND A ONE-YEAR CONTRACT $600 PER MONTH, AND THE ONLY THING THEY FURNISH IS THE CAR, THE TAG AND COMMISSIONER LYONS COMMENTED THAT THE FIGURES HE GOT FROM HERTZ IN ATLANTA ARE CONSIDERABLY DIFFERENT: THEY ARE TALKING ABOUT A HEAVY DUTY CHEVY MALIBU FOR $183. COMMISSIONER LYONS DID NOT BELIEVE THIS QUESTION CAN BE ANSWERED TODAY, BUT JUST REQUESTED THAT THE SHERIFF KEEP AN OPEN MIND AND SEE ON AN EXPERIMENTAL BASIS WHETHER WE MIGHT NOT BE ABLE TO LOWER THE COST OF THE AUTOMOTIVE END. HE FRANKLY DID NOT SEE WHY PROCESS SERVERS COULDN'T USE FOUR CYLINDER CARS. COMMISSIONER DEESON STATED THAT HE DID KNOW SOME COUNTIES ARE OPERATING SMALLER VEHICLES, SUCH AS POPE COUNTY, OSCEOLA AND BREVARD. SHERIFF JOYCE AGREED AND NOTED THAT ST. LUCIE ALSO HAS SOME, BUT HE FELT YOU MUST CHECK THE DOWNTIME THEY HAVE AND FURTHER POINTED OUT THAT THE PRICE ON SOME OF THE SMALL CARS IS MORE THAN ON SOME OF THE LARGER ONES. COMMISSIONER LYONS CONCURRED, BUT POINTED OUT THAT IT IS THE GAS WHICH IS EATING US UP. THIS OUT WITH COUNTY PURCHASING. HE REQUESTED THAT THE SHERIFF CHECK SHERIFF .JOYCE AGREED THAT HE WOULD CHECK AS REQUESTED. VICE CHAIRMAN Loy INFORMED THE BOARD THAT WHEN THE DECISION IS FINALLY MADE AS TO THE NUMBER OF CARS AND THE AMOUNT OF MONEY IS _ ® 14 BUDGETED, SHE INTENDED TO SUGGEST THAT THIS YEAR WE LOOK AT THE BUDGETED FIGURE AND LET THAT BE THE ULTIMATE FIGURE, AND IF THE SHERIFF CANNOT SECURE THAT EXACT NUMBER OF CARS, THEN WE GO WITH THE BUDGETED FIGURE RATHER THAN THE NUMBER OF CARS. SHE CONTINUED THAT ONE THING SHE REALLY WOULD LIKE TO SEE ADDED TO THE SHERIFF'S BUDGET IS ANOTHER GUARD AT THE SCHOOL CROSSING AT 16TH STREET AND 43RD AVENUE, WHICH IS A BAD INTERSECTION. SHERIFF ,JOYCE INFORMED THE BOARD THAT THEY DID A SURVEY, AND THERE WEREN'T A GREAT NUMBER OF CHILDREN CROSSING THE STREET AT THAT SPOT. HE STATED THAT SCHOOL GUARDS ACTUALLY DON'T HAVE ANYTHING TO DO WITH TRAFFIC: THEY ARE JUST RESPONSIBLE FOR GETTING THE CHILDREN ACROSS; AND HE BELIEVED THAT SOMETHING IS NEEDED AT THAT INTERSECTION OTHER THAN A SCHOOL GUARD, POSSIBLY A LIGHT. FINANCE OFFICER BARTON COMMENTED, AS A MATTER OF INFORMA- TION, THAT THE SHERIFF'S BUDGET DOES NOT INCLUDE WORKMEN'S COMPENSA- TION. THE BOARD IS RESPONSIBLE FOR THIS. LAST YEAR IT AMOUNTED TO $90,000, AND THIS YEAR IT WILL BE AROUND $110,000. VICE CHAIRMAN Loy SUGGESTED THAT THE SHERIFF TAKE THE PRECEDING COMMENTS AND SUGGESTIONS AND COME UP WITH SOME ANSWERS BEFORE THE BUDGET SESSION WHICH WILL BE SOMETIME TOWARDS THE END OF JULY. MR. AND MRS. DUDLEY WOOLLEY CAME BEFORE THE BOARD TO PRESENT THEIR COMPLAINT IN REGARD TO SELECTIVE ENFORCEMENT OF REGU- LATIONS BY THE COUNTY PLANNING AND ZONING DEPARTMENTS AND READ ALOUD THE FOLLOWING LETTER: 15 90tH( 43 PAGE 864 JUN 2 51980 JUN 2 5 1980 - -. box 43 PAGE 865 June 24, 1980 County Commissioners: We have loft. from our north property line, a non -conforming mobile 12ft.X 60ft. on C-lA zoning same as ours. Placed there June 3, 1980. This is June 25, 1980. Planning and zoning notified. Inspector dispatched, ar- rived before mobile unhooked from tow vechicle. But because he was not informed as to what type zoning he was' involved with. Mobile was allowed to be set up, with explanation, "Come and get a permit in the morning:" A phone call to us followed later, to inform us that we were right, and it was C-lA and the mobile had to be moved. We have exhausted every avenue for removal. So then turned to the Indian River code. Sec. 27 D 106 PG. "Any person, who shall violate or fail to comply with any provisions of this ordinance shall be guilty of a misdemeanor punishable as provided- by rovidedby law. Every day.after the first seven days thata violation of this ordinance is continued or permitted to exist without correction shall constitute a separate offense. The board of County Commissioners may enforce the provisions of this zoning ordinance by seeking injundtive relief of any other remedies provided by law." We question whether you were notified! We also have to bring up again our case. Which we now feel is "Water under the bridge." But it does fall in the same catagory. Non and misreading of code. After elimating four attorneys, because they failed to see a simple . answer. Which we now found. After we read afire -read code, armed with. our letter of response from planning and zoning. The letter in our possession, referred to section 26, pg. 102. This being long, we have taken it upon ourselves to add copies. --Reading from the copy .... .we have whether or not to grant a variance.... Look at (D) The variance normally Shall Not. --Then A -B -C and again D in (D) on your copy the words are circled The words were taken from text. To make up the sentence. And therefore denying us our rights. The letter stated...."Use variances Are Not permitted in Indian River County. The zoning and appeal board did not find this ......Tape copy of meeting will prove this. May I again quote from the code, "In considering -:whether or -not to grant a variance, the board will consider the following criteria: section 26 also. Let us go on. A permit issued ---owner David Rogers zoning approved- David Rever, Mr. Walker, Mr. Jennings Mobile Home Permit #1720 Permit #14174 Zoning Code --Pg. 69 Sec. 22 4 --Mobile Homes are an accessory use Only When Homes are: A. Owned i the owner or lessee of the land. B. Occupied Only By a full time Employee of the owner -or lessee of the land. C. In the opinion of the Planning and Zoning Comm. necessary for the operation of the industrial use of the land. D. Placed on at least five acres of land per home. Now here again we have words Only By. Disregarded. And C does not spec- ify in the opinion of the Planning and Zoning that the owner of the land can live there. Which is stupid. But that is how it is written. C -means that if there is a controversy, then it is the opinion of the Planning and Zoning whether the mobile can be placed there. With employee occupied. Another........ A permit issued (copy in our possession) allowing a non -conforming resi- dence for Marshall Barnes. Upon complaint to the proper authority. Brought us this answer. "But poor Marshall Barnes had to have some place to live." With all this, miss -reading of code to suit situations. And this is only some that we didn't have to dig to hard to find....... We feel if these conditions are allowed to continue,....... Why, as Commissioners not abandon code, and re -write your own to fit need of certain individuals? lw JUN 2 51980 Boos , PA -$60 , -- --- -- ---7 AN 2 5 19 80 BOOK 43 PAGE 86_% contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will cause significant hardship. In considering whether or not to grant a variance, the .Board will consider the following criteria: (a) Is the plight of the applicant due to unique circum- stances not created by him or his predecessor in title? (b) Do special conditions and circumstances exist which are peculiar to the land or structure involved, and which are not applicable to other lands or structurei§ in same district? (c) Would literal interpretation of the provisions of these ordinances deprive the applicant of rights commonly enjoyed by the properties in the same district? (d) The variance; normally shall not permit establish= ment or enlargement of any`u a or structure which s~not permitted in the district in which the vari- ance is requested? (e) The variance must observe the spirit and intent of this zoning ordinance. (4) The.Board of Zoning Adjustment may grant a variance to complete any project to any applicant who had re- ceived zoning approval prior to September 8, 1971, for a project which was legal before the adoption of th;.s-­ .r" ordinance but not legal after the adoption of this ordi- nance, regardless of the acreage requirements- of this ordinance. (5) Conditional variance. The Board of Zoning Adjustment may make the authorization of a variance conditional upon such alternate and additional restrictions, stipulations, and safeguards as it may deem necessary to insure compliance with the intent and purpose of these regulations. Violation of such conditions when made a part of the terms under which a variance is granted shall be deemed a violation of this ordinance. -1C2- SLC. 2.6 - cont' d. M M s r r MRS. WOOLLEY INFORMED THE BOARD THAT THE MOBILE HOME IN QUESTION HAS BEEN SITTING NEXT TO THEIR PROPERTY ILLEGALLY FOR ALMOST A MONTH NOW, AND THAT WHEN SHE AND HER HUSBAND TRIED TO PUT A MOBILE HOME ON THEIR PROPERTY, THEY WERE NOT ALLOWED TO AND WENT THROUGH A YEAR AND A HALF OF "LIVING HELL" TRYING TO CONFORM TO ALL THE VARIOUS ZONING RULES AND REGULATIONS. MR. WOOLLEY DISPLAYED TO THE BOARD MEMBERS A PERMIT FOR ALTERATION TO HOME ISSUED MARCH 27, 1979. VICE CHAIRMAN Loy COMMENTED THAT THE BOARD HAD REQUESTED THAT THIS INFORMATION BE PRESENTED IN WRITING PRIOR TO TODAY'S MEETING SO THAT SOME RESEARCH COULD BE DONE, AND SHE SUGGESTED THAT THE LETTER SUBMITTED BY THE WOOLLEYS BE GIVEN TO THE ADMINISTRATIVE STAFF SO THEY CAN RESPOND TO THE BOARD. SHE ASKED MRS. WOOLLEY IF THE QUOTE "COME AND GET A PERMIT IN THE MORNING" WAS HEARSAY, AND MRS. WOOLLEY STATED THAT IT WAS NOT HEARSAY AND WAS, IN FACT, STATED RIGHT IN THEIR OWN HOME. MR. WOOLLEY NOTED THAT THEY DO NOT EXPECT ANRWFPR RTPHT NOW, BUT WANTED TO BRING THIS MATTER TO THE BOARD'S ATTENTION. THEIR MAIN GRIEVANCE IS THE MOBILE HOME THAT WAS ALLOWED TO BE SET UP NEXT TO THEM AFTER THEY WERE NOT ALLOWED TO PUT ONE IN. HE COMMENTED THAT THIS MOBILE HOME IS NOT ONLY THERE, BUT THERE ARE TWO FAMILIES LIVING IN IT. MRS. WOOLLEY DREW A PICTURE DEMONSTRATING THE LOCATION OF THE TRAILER IN RELATION TO THEIR HOME. SHE THEN DISCUSSED HEALTH CONDITIONS, NOTING THAT SHE AND MR. WOOLLEY HAD BEEN REQUIRED TO PUT IN 200' OF DRAINFIELD AND HAVE THE EXISTING SEPTIC TANK DRAINED. SHE CLAIMED THAT THE FAMILIES LIVING IN THE MOBILE HOME NEXT TO THEM ARE PUTTING THEIR SEWAGE INTO A 55 GALLON TANK AND STATED THAT SHE COULD EYEWITNESS THIS BECAUSE THE TANK HAD BEEN PUT ON THEIR PROPERTY. THEY HAD TO HAVE IT MOVED, AND SHE BELIEVED IT IS NOW ABOUT 2' OFF THEIR PROPERTY LINE. SHE QUESTIONED THE AFFECT THE RAINY SEASON WILL HAVE ON THIS AND THE HEALTH HAZARDS THAT WILL BE CREATED. SHE STATED THAT THEY HAVE NOTIFIED THE HEALTH DEPARTMENT. 19 f _I JUN 2 51900 = BOOK 43 PAGE $69 COMMISSIONER LYONS COMMENTED THAT HE DID NOT FULLY UNDER- STAND THE SITUATION AND FELT, UNTIL THE BOARD GETS MORE DATA, HE WAS NOT IN A POSITION TO DISCUSS THE PROBLEM, ADMINISTRATOR JENNINGS NOTED THAT HE CANNOT RESPOND TO THIS TODAY, BUT WILL BE GLAD TO FOLLOW THROUGH AND SEE THAT THE DEPARTMENTS INVOLVED GIVE HIM A FULL REPORT. VICE CHAIRMAN LOY DIRECTED THE COUNTY ADMINISTRATOR TO HAVE THE ZONING DEPARTMENT RESEARCH THIS MATTER, CHECK THE ACTUAL WORDING OF THE CODE, AND PREPARE A REPORT TO BE BROUGHT BACK TO THE BOARD SO THAT THIS MATTER CAN BE STRAIGHTENED OUT. VICE CHAIRMAN Loy STATED THAT SHE HAD REQUESTED FINANCE OFFICER BARTON TO PREPARE SOME BACKGROUND INFORMATION ON THE POSSI- BILITY OF EARNING INTEREST ON DEPOSITS PUT UP FOR PERFORMANCE BONDS FOR MINING PERMITS, SUBDIVISION COMPLETION, ETC, MR. BARTON STATED THAT THE POSITION HIS OFFICE HAS TAKEN SINCE HE HAS BEEN WITH THE COUNTY, WITH THE CONCURRENCE OF THE COUNTY ATTORNEY, WAS THAT IN THE ABSENCE OF AN AGREEMENT BETWEEN THE COMMISSIONERS AND THE PERSON PLACING THE DEPOSIT, THEY WERE NOT PAID INTEREST. IF THERE WAS AN AGREEMENT OUTLINING WHAT IN- TEREST RATE WAS TO BE PAID, AND THE BOARD ACCEPTED IT, IT WAS PAID. HE NOTED THAT ADMINISTRATIVELY IT COSTS US MONEY TO COVER THE TIME SPENT HANDLING THE PAPERWORK ON THESE CASH DEPOSITS AND DISBURSING THEM IF THEY ARE -ONLY FOR A SHORT PERIOD OF TIME. COMMISSIONER LYONS ASKED IF WE ARE LEGALLY IN A POSITION TO ACCEPT AN IRREVOCABLE LETTER OF CREDIT. HE NOTED THAT YOU DON'T HAVE TO KEEP BOOKS ON A LETTER OF CREDIT. COMMISSIONER DEESON FELT THAT YOU PROBABLY WOULD HAVE TO HAVE SOME FOLLOW-UP ON AN IRREVOCABLE LETTER OF CREDIT. HE, HOWEVER, STATED HE CERTAINLY WOULD BE IN FAVOR OF CONSIDERING THIS TYPE OF PROCEDURE, PROVIDED OUR ATTORNEY ADVISES THAT WE CAN DO IT. ADMINISTRATOR JENNINGS EXPLAINED TO THE BOARD THAT WHEN MR. VICKERS BROUGHT THE MATTER OF INTEREST PAYMENT TO HIS ATTENTION, HE ADVISED MR, VICKERS THAT THE COUNTY WOULD PAY INTEREST AT WHAT- EVER RATE THEY COLLECTED ON THE DEPOSIT. HE WAS NOT COGNIZANT OF THE POLICY JUST OUTLINED BY FINANCE OFFICER BARTON, AND WHEN HE CHECKED WITH ZONING DIRECTOR WALKER AND FOUND THERE HAD BEEN A CHANGE IN THE SYSTEM, HE INFORMED MR. VICKERS OF THIS. THE ADMINIS- TRATOR CONTINUED THAT THE BOARD IS AWARE OF HIS FEELINGS ABOUT SURETY BONDS. YOU CANT WRITE OFF WHAT IT COSTS THE COUNTY TO COLLECT ON THEM, AND HE PREFERRED CASH BONDS OR SOME OTHER WAY OF PROTECTING THE COUNTY. VICE CHAIRMAN LAY ASKED THE ATTORNEY ABOUT THE LEGALITY OF THE13OARDACCEPTING AN'' IRREVOCABLE LETTER OF CREDIT FOR A MINING PERMIT, FOR INSTANCE. ATTORNEY COLLINS STATED THAT HIS ATTITUDE WOULD BE THAT ANY LEGAL SUBSTITUTE FOR CASH PROBABLY WOULD HAVE TO BE ACCEPTED. HE NOTED THAT THE COUNTY HAS ESTABLISHED A POLICY BECAUSE OF THE DIFFICULTY OF ENFORCING SURETY BONDS, THAT THEY WOULD PREFER TO SEE A CASH BOND. HE BELIEVED THAT A LETTER OF CREDIT IS PREFERAB.JLE TO A SURETY BOND. COMMISSIONER WODTKE ASKED IF WE COULD WRITE SOMETHING INTO THE ORDINANCE AS TO THAT TYPE OF DEPOSIT BEING ACCEPTABLE, OR WHETHER THE ATTORNEY WAS SAYING THAT WE WOULD HAVE TO ACCEPT ANY TYPE OF DEPOSIT THEY WANT TO GIVE US, ATTORNEY COLLINS FELT THE BOARDS POSITION HAS BEEN THAT IT REQUIRES CASH, BUT HE FELT THE COUNTY CAN TAKE A SUBSTITUTE AT THEIR DISCRETION. HE STATED THAT HE WAS RELUCTANT TO WRITE A SUB- STITUTE INTO THE ORDINANCE BECAUSE CASH IS THE COUNTY'S BEST SECURITY. VICE CHAIRMAN LOY NOTED THAT OUR EXPERIENCE WITH SURETY BONDS WAS SO BAD THAT FOR A WHILE WE DID TRY TO PUT EVERY LITTLE DEPOSIT IN A SAVINGS & LOAN ACCOUNT AT THE GOING RATE, WE CHANGED OUR POLICY IN THAT REGARD, HOWEVER, AND SHE BELIEVED THAT TODAY WE MAKE ARRANGEMENTS AS THE INDIVIDUAL DEVELOPER COMES IN. ATTORNEY COLLINS AGREED THAT AVENUE IS AVAILABLE, ADMINISTRATOR JENNINGS POINTED OUT THAT THE PROBLEM IS THAT MR. VICKERS PUT UP $10,000 IN DECEMBER OF 1978, AND APPARENTLY THE QUESTION OF INTEREST WAS NOT ADDRESSED AT THAT TIME. 21 r JUN 2 5 19 80 Bam pnf 8lu JUN 2 51990 mox 43 PAGE87 s COMMISSIONER LYONS ASKED WHETHER IT WOULD BE EASIER ADMINISTRATIVELY IF MR. VICKERS GAVE A LETTER OF CREDIT RATHER THAN PAYING HIM INTEREST ON A CASH BOND. FINANCE OFFICER BART014 COMMENTED THAT THERE IS NO PROBLEM WITH PAYING INTEREST ON A CASH BOND, BUT WE WOULD HAVE TO HAVE SOME AGREEMENT DIRECTING WHAT IS TO BE DONE. MR. VICKERS SUGGESTED THAT A CERTIFICATE OF DEPOSIT HELD BY HIM AND ASSIGNED TO THE COUNTY WOULD ACCOMPLISH THE PURPOSE WE ARE AFTER. HE POINTED OUT THAT HE HAD TO BORROW THE $10,000 CASH AT 8-1l4% AND NOW THE COUNTY IS ACCRUING INCOME FROM THAT MONEY. ATTORNEY COLLINS BELIEVED THE CERTIFICATE OF DEPOSIT WOULD BE FINE, BUT WAS OF THE OPINION IT SHOULD BE HELD BY THE COUNTY RATHER THAN MR, VICKERS, WITH THE INTEREST BEING PASSED ALONG TO THE DEPOSITOR. HE DID NOT FEEL IT IS IN THE BEST INTEREST OF THE COUNTY TO SET A UNIFORM POLICY AND NOTED THAT WE DO HAVE A POLICY THAT THE INTEREST ACCRUES TO THE COUNTY UNLESS THERE IS AN AGREEMENT TO THE CONTRARY. COMMISSIONER LYONS NOTED THAT IF MR, VICKERS WANTS TO GET A CERTIFICATE OF DEPOSIT FOR $10,000 AND MAKE ARRANGEMENTS SO HE CAN T CASH IT UNLESS THE COUNTY IS A PARTY, THAT WOULD FULFILL THE OBLIGATION. COMMISSIONER WODTKE SAW NO PROBLEM IN MAKING SOME ARRANGE- MENTS FOR INTEREST TO BE PAID IN A SITUATION SUCH AS THIS WHERE THE DOLLARS WILL BE ON DEPOSIT FOR SOME LENGTH OF TIME, BUT HE DID NOT WANT THE FINANCE DEPARTMENT TO HAVE TO GET INTO ALL THIS PAPERWORK ON A 30-60-90 DAY TYPE OF THING. HE FELT THERE WOULD BE NO PROBLEM IN MAKING A DECISION AS TO WHAT CAN BE DONE ON A CASE TO CASE BASIS. COMMISSIONER DEESON SUGGESTED THAT WE LOOK AT THE PASSBOOK POSSIBILITY OR A SELF -RENEWING CERTIFICATE, WHICH WOULD BE LESS ADMINISTRATIVE WORK. HE FELT WE NEED THE ATTORNEY TO TELL US HOW WE CAN ACCOMPLISH THIS, AND HE AGREED THAT THE COUNTY NEEDS TO KEEP CONTROL OF THE DEPOSIT. ` ATTORNEY COLLINS FELT THERE ARE A NUMBER OF WAYS THIS CAN BE HANDLED. HE BELIEVED A SELF -RENEWING CERTIFICATE OF DEPOSIT WOULD BE FINE, IF THAT WERE SATISFACTORY TO MR. VICKERS. MR. VICKERS STATED THAT WOULD BE SATISFACTORY. W LL L ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY AUTHORIZED THE COUNTY, THROUGH THE FINANCE OFFICE, TO ACT AS A FIDUCIARY, SETTING UP A CERTIFICATE OF DEPOSIT IN THE AMOUNT OF $10,000 FOR THE BENEFIT OF MR. VICKERS: THE COUNTY TO RETAIN POSSESSION OF THE PRINCIPAL AND THE INTEREST TO GO TO MR, VICKERS. COMMISSIONER WODTKE COMMENTED THAT IF THE FINANCE OFFICERS GETS INTO TOO MANY PROBLEMS, HE SHOULD REPORT BACK TO THE BOARD. FINANCE OFFICER BARTON NOTED THAT THE PROBLEM IS THAT PEOPLE COME IN IN A HURRY, MAKE THE DEPOSIT, AND DON T MAKE ANY ARRANGEMENTS ABOUT THE INTEREST, BUT THINK ABOUT IT SEVERAL MONTHS LATER. IT WAS FELT THIS WAS ANOTHER PROBLEM AND SHOULD BE FOLLOWED UP AT ANOTHER TIME. THE BOARD NEXT DISCUSSED A REQUEST MADE BY ENGINEER SCHMUCKER FOR A ONE—YEAR EXTENSION OF THE PRELIMINARY PLAT FOR PHASE 1 OF SAN SEBASTIAN SPRINGS. COMMENTS FROM THE PLANNING DEPART— MENT ARE AS FOLLOWS: MEMO June 19, 1980 TO: Board of County Commissioners FROM: DavidMarsh, Senior Planner SUBJECT: Proposed Preliminary Plat Extension San Sebastian Springs, Unit I The staff has reviewed the tentative plat and the files and finds no overriding reason to deny the requested extension. Preliminary approval was granted February 21, 1979. It should be noted, however, that the slated improvements are estimated to be approximately 50% complete. Other shortcomings found in our review and inspection are as follows: - 1) Notes regarding filling in sensitive areas and sedimentation control have not been placed on the plat. (Board of County Commission minutes March 21, 1979) 2) It does not appear that the existing road alignment conforms to the plat in some areas. 3) Culverts have been placed in different locations than that shown on the plat (thereby creating problems with easement alignments). 4) Lot 31 has an existing slough through the center of the lot with no easement. 5) Pavement of interior roads and 1/2 street on east property line have not been undertaken. i 6) Extensive additional swale and drainage work will be required. (Ex. regrading, grassing or seed and mulch) Jug 251.9B0 23 BOOK 43 na 872 - Boos 43 PAGE873 COMMISSIONER WODTKE ASKED IF ANY EXTENSION HAS BEEN GRANTED ON THIS BEFORE AND IF SIGNIFICANT WORK HAS BEEN DONE. NO PREVIOUS EXTENSION HAD BEEN GRANTED, AND THE ADMINISTRA- TOR STATED THAT 50% OF THE WORK HAS BEEN DONE AND IT WOULD QUALIFY 'WAW"' IWia"i r LOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COM- MISSIONER DEESON, TO GRANT AN EXTENSION OF PRELIMINARY APPROVAL ON SAN SEBASTIAN SPRINGS, PHASE 1, FOR SIX MONTHS. MR. SCHMUCKER REQUESTED THAT EXTENSION BE AS OF THE DATE OF EXPIRATION OF THE PRELIMINARY APPROVAL, WHICH IS JULY 24TH, AND COMMISSIONER WODTKE AGREED. SENIOR PLANNER MARSH FELT THE EXPIRATION DATE ACTUALLY WAS AUGUST 21ST. COMMISSIONER LYONS NOTED THAT THE BOARD HAD BEEN QUITE SPECIFIC ABOUT THE FIRST ITEM MENTIONED IN THE PLANNING DEPARTMENT'S MEMO, AND HE WOULD LIKE THE MOTION TO INCLUDE CALLING THIS ITEM TO THE ATTENTION OF THE DEVELOPER. COMMISSIONER WODTKE STATED THAT HE WOULD INCLUDE THAT IN HIS MOTION, AND COMMISSIONER DEESON CONCURRED. VICE CHAIRMAN Loy REQUESTED THAT SENIOR PLANNER MARSH BE RESPONSIBLE FOR THE CORRECT DATE OF EXPIRATION. COMMISSIONER LYONS EXPRESSED CURIOSITY AS TO WHY THE SUBDI- VISION IS NOT BEING CARRIED OUT IN THE MANNER SHOWN ON THE PLAT. MR. SCHMUCKER BELIEVED IT WAS JUST POOR SUPERVISION. HE NOTED THAT THEY ARE WORKING THIS PLAT IN CONJUNCTION WITH THE MARL PIT ON THE OTHER SIDE OF THE ROAD AND CARRYING THE FILL OVER AND BUILDING THE ROADWAY. EITHER THE RIGHT-OF-WAY WILL HAVE TO BE CHANGED SLIGHTLY AS TO WHERE THE ROAD GRADE WAS PUT IN, OR THEY WILL HAVE TO MOVE THE ROAD GRADE OVER IN SOME INSTANCES. WHEN THEY DID THEIR CLEARING AND FILLING OF THE ROADWAY, THEY DID NOT FOLLOW THE EXACT LINE OF THE STAKES. COMMISSIONER LYONS POINTED OUT THAT THIS IS A SENSITIVE AREA AND WE WENT TO A LOT OF TROUBLE ABOUT IT, AND IT SEEMS THAT NO ONE IS PAYING ATTENTION. 24 � � r MR. SCHMUCKER DID NOT FEEL IT WAS THAT LARGE A PROBLEM, AND FELT IT WAS MAINLY A SURVEY PROBLEM TO THE DEVELOPER CAUSED BY INSUFFICIENT SUPERVISION. VICE CHAIRMAN LOY REQUESTED THAT MR. SCHMUCKER MAKE THE OWNER AWARE OF THESE CONCERNS. SHE NOTED THAT THE FIRST EXTENSION IS AUTOMATIC - BUT NOT AFTER THAT. ATTORNEY COLLINS FELT WHEN THERE IS A KNOWN DEVIATION FROM A PLAT, THEY SHOULD UPDATE THEIR PLAT SO THAT THE EXTENSION IS BASED ON A PLAT THAT IS WORKABLE AND IS CONSISTENT WITH WHAT IS ON THE GROUND NOW. SENIOR PLANNER MARSH DID NOT FEEL THE REALIGNMENT WAS SO EXTENSIVE THAT IT COULD NOT BE HANDLED THROUGH THE ACTUAL PROCESS OF THE FINAL SITE PLAN APPROVAL, COMMISSIONER LYONS ASKED IF WE, IN EFFECT, REPLAT, WILL IT RUN ANOTHER 18 MONTHS AND THEN COULD BE EXTENDED? ATTORNEY COLLINS EXPLAINED THAT WHAT HE IS SUGGESTING IS THAT PRIOR TO AUGUST 21ST, MR. SCHMUCKER SUBMIT TO THE PLANNING DEPARTMENT A REVISED PLAT. MR. SCHMUCKER STATED THAT HE WILL HAVE TO GO BACK TO THE OWNER AND SEE WHETHER HE WANTS TO RESURVEY THE ENTIRE TRACT OR WHETHER HE WILL MOVE THE ROADWAY TO FIT, AND ATTORNEY COLLINS AGREED HE HAS THAT OPTION. VICE CHAIRMAN LOY ASKED IF THE BOARD WISHED TO MAKE THIS PROVISION A PART OF THE MOTION, AND COMMISSIONER WODTKE STATED THAT HE WOULD WITHDRAW HIS MOTION AND COMMISSIONER DEESON WITHDREW HIS SECOND, ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY GRANTED AN EXTENSION OF TIME ON THE PRELIMINARY PLAT OF SAN SEBASTIAN SPRINGS, PHASE 1, FOR AN ADDITIONAL SIX MONTHS FROM AUGUST 21, 1980, SUBJECT TO THE OWNER PROVIDING THE COUNTY WITH A REVISED TENTATIVE PLAT CONSISTENT WITH THE ROAD AS IT EXISTS OR THE MOVING OF THE ROAD TO MAKE IT CONSISTENT WITH THE PLAT AS IT EXISTS, AND SUBJECT TO THE MEMO FROM SENIOR PLANNER MARSH DATED JUNE 19, 1980, WHICH IS A PART OF THE RECORD. JUN 2 5 19 80 25 o°ax 41fAcf 874 BOOB 43 PAGE 875 ATTORNEY RICHARD BOGOSIAN CAME BEFORE THE BOARD REPRESENT- ING ROBERT GALE WHO IS REQUESTING AN ABANDONMENT OF A DEDICATION IN INDIAN RIVER HEIGHTS SUBDIVISION. HE NOTED THAT A PUBLIC HEARING WAS HELD ON THIS MATTER ON .JUNE 4TH, AND HE HAS DISCUSSED IT WITH ATTORNEY COLLINS, WHO ORIGINALLY HAD SOME CONCERN ABOUT THIS ABANDON- MENT. MR. BOGOSIAN TOOK THE POSITION THAT, IF THE COUNTY DOES ABANDON, THERE IS NO OTHER ADJOINING PROPERTY OWNER WHO COULD CLAIM INTEREST BECAUSE THE PROPERTY STILL WOULD BE SURROUNDED BY THE COUNTY ROAD, HE EXPLAINED THAT THEY WOULD APPRECIATE HAVING A SHORT OPPORTUNITY, HOWEVER, TO GET QUIT CLAIM DEEDS FROM SURROUND- ING PROPERTY OWNERS TO BE SURE NO ONE IN THE DISTANT FUTURE WOULD RAISE ANY OBJECTION ABOUT TITLE. ATTORNEY BOGOSIAN STATED THAT IF THE BOARD WOULD APPROVE OF THE ABANDONMENT AND APPROVE THE CHAIRMAN SIGNING A QUIT CLAIM DEED TO MR. GALE, BUT NOT ADOPT THE RESOLUTION YET, THEY COULD PROCEED GETTING THE QUIT CLAIM DEEDS, AND THEN HE COULD LET MR. COLLINS KNOW IF THEY WANT ACTUAL ABANDONMENT AND DEED. ATTORNEY COLLINS NOTED THAT ONE DIFFICULTY IS THAT THE BOARD HELD THE PUBLIC HEARING ON JUNE 4TH AND NOTICE OF THE ADOPTION OF THE RESOLUTION MUST BE PUBLISHED WITHIN 30 DAYS SUBSEQUENT TO THAT TIME: THEREFORE, IF MR. BOGOSIAN WISHED TO DELAY, HE SHOULD PULL BACK AND START ALL OVER AGAIN. ATTORNEY BOGOSIAN FELT THAT WOULD POSE A PROBLEM. HE STATED THAT HE DID NOT KNOW HOW MR. MATUCHA, MR. GALES AGENT FELT, BUT HIS FEELING WOULD BE THAT THEY WOULD WANT THE ABANDONMENT AND WOULD PAY THE COUNTY THE PRICE AND THEN TAKE THEIR CHANCES WITH THE QUIT CLAIM DEEDS. MR. MATUCHA DID NOT OBJECT. ATTORNEY COLLINS STATED THAT HE HAD AGREED WITH ATTORNEY BOGOSIAN THAT THE COUNTY COULD EXECUTE A CONVEYANCE OF THE PROPERTY BEING ABANDONED (ALTHOUGH HE PREVIOUSLY HAD TOLD HIM THAT WE HAVE NO PROPERTY WE CAN CONVEY IN A VACATION OR ABANDONMENT SITUATION, AND HE STILL BELIEVES THAT) BUT MR. BOGOSIAN WANTS TO FORTIFY THE RECORD. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS NO OBJEC- TION TO TAKING THAT ACTION. 26 ATTORNEY BOGOSIAN EXPLAINED THAT THE PURPOSE OF THE DEED IS TO RELINQUISH WHATEVER CLAIM THE COUNTY MIGHT HAVE TO THAT PARCEL. HE, THEREFORE, REQUESTED THAT THE BOARD GO AHEAD WITH THE ABANDON- MENT AND EXECUTE A QUIT CLAIM DEED AND CONFIRMED THAT THEY WILL GO ALONG WITH THE AGREED PURCHASE PRICE OF $4,000. ATTORNEY COLLINS AND COMMISSIONER LYONS POINTED OUT THAT THIS IS NOT A PURCHASE PRICE: IT IS A FEE. ATTORNEY BOGOSIAN THEN ASKED WHO WOULD BE RESPONSIBLE FOR STAMPS ON THE DEED, AND ATTORNEY COLLINS STATED THAT IT WOULD BE A COUNTY CONVEYANCE. ATTORNEY COLLINS STATED THAT AT THE LAST PUBLIC HEARING, THE BOARD ADOPTED RESOLUTION N0, 80-53, SUBJECT TO THE APPLICANT REAFFIRMING HIS INTENT TO PURSUE IT, AND WHAT IS REQUIRED NOW IS AN ADOPTION OF A SECOND RESOLUTION APPROVING THE ACTION, WHICH ADOPTION MUST TAKE PLACE WITHIN 30 DAYS FROM THE DATE OF THE PUBLIC HEARING. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-62 REAFFIRMING THE ACTION TAKEN IN RESOLUTION 80-53, ABANDONING THE PLATTED RIGHT- OF-WAY AND TRAFFIC ISLAND FORMING THE NORTHEAST CORNER OF BLOCK H, INDIAN RIVER HEIGHTS, UNIT 4, AND AUTHORIZED THE CHAIRMAN TO SIGN A QUIT CLAIM DEED. ATTORNEY COLLINS REITERATED THAT THE SECOND PUBLICATION MUST GO IN THE NEWSPAPER PRIOR TO JULY 4TH AND STATED THAT IF MR. BOGOSIAN WOULD PREPARE THE COUNTY DEED, HE WOULD SEE THAT IT IS PROPERLY SIGNED. 27 JUN 2 51980 �ocnc ' 43 PtGE876 r r JUN 2 51980• 25541) nox 43 PAcE 877. RESOLUTION NO. 80-53 The Board of County Commissioners of Indian River County, Florida, resolve: 1. That a petition has been filed by Robert 1. Gale with this Board requesting the County Commission to renounce and disclaim any right of the county and the public in and to all lands or interest acquired for street, road or highway purposes in that area described hereafter: The platted right-of-way and traffic island forming the northeast corner of Block H, Indian River Heights, Unit 4 as recorded in Plat Book 6, Page 86, Indian River County Public Records. 'Lying at the intersection of 2nd Street and 14th Avenue, and contiguous to Lots 1, 8 and 9. The Board has determined that none of the street above described now constitutes or was acquired for a state or federal highway and none is located within the limits of any incorporated municipality and the Board has declared that a public hearing would be held to consider the advisability of granting the request and that a public hearing would be held before this Board in the City Council Chambers, City Hall, Vero Beach, Florida at 10:00 A.M. on the 4th day of June, 1980 at which time, persons interested may appear and be heard. 2. This Board did publish notice of such public hearing two times on the 21st day of May , 1980 and the 28th day of May , 1980, in the Vero Beach Press Journal, a newspaper of general circulation in said county, said publication being at least two weeks prior to the date stated for the. public hearing as will more fully appear by Proof of Publication thereof filed in the minutes of this meeting. At the time and place stated, the Board did hold the advertised public hearing and all persons interested were heard and this Board did determine that the street described above is not located within the limits of any incorporated municipality and was not acquired for and is not now being used for state or federal highways. 3. The Board of County Commissioners does herewith renounce and disclaim any right of the county and the public in and to the streets described as follows: The platted right-of-way and traffic island forming the northeast corner of Block H, Indian River Heights, Unit 4, as recorded in Plat Book 6, Page 86, Indian River County public records. Lying at the intersection of 2nd Street and 14th Avenue and contiguous to Lots 1, 8 and 9. Less and excepting a 10 ft. easement measured 5 feet on either side of the center line of Block H, for drainage and utility purposes and does herewith vacate, abandon, discontinue 0 ,AO bd4PAGE z x and close all of the same. 4. Notice of the adoption of this resolution shall be published one r time within thirty days'following its adoption in one issue of the newspa;ger of general circulation published in the county. The proof of publication of notice of the public hearing and certified copy of this resolution and proof of publication of the notice of the adoption of this resolution shall be recorded in the public records of Indian River County, Florida. ATTEST: Clerk r . Ado jte curie 4, 1980 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: Chairman na 43 PALE 878 JUN 251980 .00r'sOb04WE238'3 �-'� -i <�� •-rig":�'':�� -1 CD co tri na 43 PALE 878 JUN 251980 .00r'sOb04WE238'3 JUN 2 51980 Book 43 PAGE 879 RESOLUTION NO. 80-62 REAFFIRMING ACTION TAKEN IN RESOLUTION 80-53 The Board of County Commissioners of Indian River County, Florida, resolve: 1. That a petition has been filed by Robert I. Gale with this Board requesting the County Commission to renounce and disclaim any right of the county and the public in and to all lands or interest acquired for street, road or highway purposes in that area described hereafter: The platted right-of-way and traffic island forming the northeast corner of Block H, Indian River Heights, Unit 4 as recorded in Plat Book 6, Page 86, Indian River County Public Records. Lying at the intersection of 2nd Street and 14th Avenue, and contiguous to Lots 1, 8 and 9. The Board has determined that none of the street above described now constitutes or was acquired for a state or federal highway and none is located within the limits of any incorporated municipality and the Board has declared that a public hearing would be held to consider the advisability of granting the request and that a public hearing would be held before this Board in the City Council Chambers, City Hall, Vero Beach, Florida at 10:00 A.M. on the 4th day of June, 1980 at which time, persons interested may appear and be heard. 2. This Board did publish notice of such public hearing two times on the 21st day of May, 1980 and the 28th day of May, 1980, in the Vero Beach Press Journal, a newspaper of general circulation in said county,said publication being at least two weeks prior to the date stated for the public hearing as will more fully appear by Proof of Publication thereof filed in the minutes of this meeting. At the time and place stated, the Board did hold the advertised public hearing and all persons interested were heard and this Board did determine that the street described above is not located within the limits of any incorporated municipality and was not acquired for and is not now being used for state or federal highways. 3. The Board of County Commissioners does herewith renounce and disclaim any right of the county and the public in and to the streets described as follows: The platted right-of-way and traffic island forming the northeast corner of Block H, Indian River Heights, Unit 4, as recorded in Plat Book 6, Page 86, Indian River County public records. Lying at the intersection of 2nd Street and 14th Avenue and contiguous to Lots 1, 8 and 9. Less and excepting a 10 ft. easement measured 5 feet on either side of the center line of Block H, for drainage and utility purposes and does herewith vacate, abandon, discontinue °ooicObO4PAGE 2385 and close all of the same. 4. Notice of the adoption of this resolution shall be published one time within thirty days following its adoption in one issue of the newspaper of general circulation published in the county. The proof of publication of notice of the public hearing and certified copy of this resolution and proof of publication of the notice of the adoption of this resolution shall be recorded in the public records of Indian River County, Florida. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: c Chairman � 'PTESTLe �''� .•rli.�•4!S.. Adopted: June 25, 1980 '0bQ4PAGE?.'38 JUN 2 51980 r— JUN 2 5-1980 soon VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA ��� NOTICE 43 [ OTICE IS HEREBY GIVEN that PAr,* ResNolution 80-62 was adopted June 2S, 1980, by Before the undersigned authority personally appeared) J. J. Schumann, Jr, who on oath ,,a,,s that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper pubidshed at Vero Bead Lr in Indian Rwer Cdeunty, Ilmida, that the• ,rit,nhed copy of advertee-md•nt, hrinf; in the matter of in the Court, was pub - lashed in said newspaper in the issues of Alli.u,t further says that the said Vero Beach Press -Journal is a newspaper published at Vere Beach, in said Indian River County, and that the said newspaper has heretofore twon d.niiuunnr,h puldi-,hedi in •.,iid Indian River County, (knida, wer6ly and has horn entered as sec dndl class marl matter at the post office in Vero Beach, in said Indian River County, Florida fora period of one year next preceeding the fit -.t publication of the attached copy of adver- trwn•cot; and ;Sffiant turthcr says that he has neither paid nor promised any person, firm or ( -q-nation anv dv.rount, iel,ite, ronune•.sion or refund for the puilwn.e of %%curing this. adver- tnement for publication in the said newspaper. Swotn to and,subscribed before me this day of A. D. (Business Manager) (Clerk of the Circuit CourtI dian River County, Florida) (SEAL) + �o-O b04PABE2303 the Board of County Commissioners of Indian River County, Florida, closing, vacating and abolishing a portion of the public roads, streets and rights-of-way shown on the plat of Indian River Heights Subdivision, Unit 4, as recorded In Plat Book 6, page 86, Indian River County Public Records, as it pertains to the following described land situated in Indian River County, Florida: The platted right-of-way and traffic island located at the northeast corner of Block H as shown on said plat, at the intersection of 14th Avenue and 2nd Street, and contiguous to Lots 1, 8 and 9, being legally described as follows: Parcel No. 1: From the Southeast corner of Lot 8, Block H, Indian River Heights, Unit No.' 4, as recorded in Plat Book 6, page 86, run North along the East line of said Lot 8 a distance of 15.15 feet to the point of beginning. Thence continue North a distance of 59.85 feet to a point, said point being the intersection of the Easterly projection of the North line of Lot 8 and Northerly extension of the East line of said Lot 8; Thence run West along said Easterly projection a distance of 7.14 feet to the intersection of the curved right-of-way of 14th Avenue; Thence run Southeasterly along 'the arc of said curve being concave to the Southwest, having a delta angle of 13 degrees 36' 11" and a radius of 254.42 feet, a distance of 60.40 feet to the point of beginning. Parcel No. 2: From the Southwest corner of Lot 9, Block H, Indian River Heights, Unit No. 4, as recorded in Plat Book 6, page 86, Indian River County Public Records, run East along the South line on said Lot 9 a distance of 122.89 feet to the West right-of-way of 14th Avenue and point of beginning; Thence continue along the Easterly projection of the said South line of Lot 9 a distance of 7.14 feet; Thence run North along the Northerly projection of the West right-of-way of 14th Avenue a distance of 195.20 feet to the intersection of the Easterly projection of the South right-of-way of 2nd Street; Thence run West along said Easterly Pet o al Projection said pointof 2nd e beingstance of 130.12 the intersection of the South right-of-way of 2nd Street and the Northerly projection of the West line of said Lot 9; Thence run South along said Nortberly in- tersection aThence projection of taCecurve; 32.86 t to h run concave to the Southwest and havingrc of a curve of 47 degrees 08'4911 and a radius of 254.42 feet, a distance of 209.35 feet to the point of beginning. Parcel , Southeast of Bock No. 3: RivrHeights, unit No 4, as recorded in Plat Book 6, page 86, Indian River the East line Public ofsaid Lot 1 e distance of 87.34 feet to the intersection of a curve and point of beginning; Thence continue along the Nor- therly projection of said East linea distance of 32.86 feet to a point, said point being on the intersection of the Easterly projection of the South right-of-way of 2nd Street; Thence run West along said Easterly projection of 2nd Street a distance of 124.3 feet to the point of tangency of a radial return and point of in- tersection of the following described curve; Thence run Southwest and having a delta angle Of 29 degrees 20'40", and a radius of 254.42 feet, a distance of 130.30 feet to the point of begin- ning. Board of County Commissioners Indian River County, Florida By: Fred Wright, Clerk June 29,1980. VICE CHAIRMAN LOY ANNOUNCED THAT SHE WOULD LIKE TO MOVE TO ONE OF HER ITEMS - A STATUS REPORT ON THE TRACKING STATION PROPERTY, SHE STATED THAT SHE HAS PUT IN WRITING A SUMMARY OF THE EVENTS THAT HAVE TAKEN PLACE REGARDING THE TRACKING STATION, WHICH SHE READ, AS FOLLOWS: June 25, 1980 Status Report Re: Tracking Station Gentlemen---- I'm certain each of you, as well as many citizens in the county are familiar with the efforts put forth by this Board, Senator Lawton Chiles, Congressman Skip Bafalis, the Cabinet of the State of Florida, the Department of Natural Resources of the State, the Corps of Engineers, the Treasure Coast Kiwanis Club and many others to have the property known as the Tracking Station, declared excess. These efforts represent a long standing commit- ment to securing oceanfront park lands for our citizens and visitors to enjoy. In Late May, the County submitted an official application for some 8 plus acres of excess land, which adjoins land presently owned by Indian River County, to be used as additional park lands. Thru the various avenues to dispose of Government excess property, a formal application was submitted by Florida Insitutue of Technology, Brevard County, for the 8 plus acres, to be used for educational purposes. Both applications were accepted and are being recommended by their respective agencies to the General Services Administration for disposal. General Services Administration, upon receipt of two applica- tions from two competing agencies, recommended very strongly that the County and F.I.T. attempt to work out a compatible program for use of the property, if possible. We were asked to convey our final decisions to G.S.A. by June 30. If a compatible program was not possible, the G.S.A. indicated they would make a final decision as to disposition of the property. 33 JUN 25 1980 Boa 43 PAcE882 -- _I JUN 2 5 19 80 Box .43 eacE 883 Realizing none of us hold crystal balls, and wishing we had the wisdom of Solomon, we set out to work within the guidelines established by the agencies, and respecting the desires of the Town of Indian River Shores, who supported the application of F.I.T., I requested our attorney to join me in meeting with the representatives of F.I.T. to explore the possibilities of a workable solution in the best interests of Indian River County, as well as F.I.T. A thorough examination of F.I.T.'s application indicated the possibility of the best of two projects could become a reality with Indian River County gaining a College of Oceanography for the Graduate student and Visiting Scientist levels, and an educational marine museum, open for public use and primarily for residents and school children of Indian River County. I F.I.T. would be gaining a site to further enhance their commit- ment to research associated with the marine environment, expanding their commitment to provide quality educational opportunities and becoming an active participant in this County's education and re- search needs as they relate to marine science. At this point, we agreed to propose to each of our govern- ing bodies that the County and F.I.T. enter into an agreement setting forth a division of the excess property. This agreement would be- come a part of each of our official applications and would be the basis for the G.S.A.'s final disposal of the excess property. At this time I would like to introduce Mr. Tom Adams, Development Consultant from F.I.T., and ask Mr. Adams to introduce the other officials he has with him and to bring the Board any further information he would like to present regarding F.I.T.'s plans and commitments to this project. Following Mr. Adams' remarks, I would ask Mr. Collins to point out the pertinent facts within the agreement that is being proposed for your consideration and adoption. 34 MR. ADAMS EXPRESSED THEIR GRATITUDE FOR THE OPPORTUNITY TO SHARE THESE MOMENTS WITH THE COMMISSIONERS AND INTRODUCED DR. JOHN E. MILLER, EXECUTIVE VICE PRESIDENT OF FLORIDA INSTITUTE OF TECHNOLOGY AND ACTING PRESIDENT IN THE ABSENCE OF PRESIDENT COOPER: PERRY CLENDENIN, TREASURER AND ASSISTANT SECRETARY, AND THEIR ATTORNEY, GEORGE HEATH. MR. ADAMS STATED THAT VICE CHAIRMAN LOY'S REMARKS COVERED THE CASE MOST THOROUGHLY, BUT HE WOULD LIKE TO ADD A FEW ADDITIONAL COMMENTS. MR. ADAMS INFORMED THE BOARD THAT OVER THE PAST TWENTY YEARS F.I.T. HAS GROWN TO BE THE SECOND LARGEST INSTITUTE OF HIGHER LEARNING IN FLORIDA. THEY HAVE A HEAVY COMMITMENT TO OCEANOGRAPHY AND MARINE SCIENCES AND HAVE A SCHOOL OF APPLIED SCIENCES ATTUNED TOWARDS STUDY OF THE OCEANS. MR. ADAMS FELT THE MEMBERS OF THE COMMISSION COULD RESPECT THE FACT THAT THEIR APPLICATION WAS MADE IN GOOD FAITH BECAUSE TO CARRY FORWARD A COMPLETE PROGRAM, IT WAS ESSENTIAL FOR THEM TO OBTAIN A SEASIDE LOCATION AND THEY FELT VERY FORTUNATE THAT THE OPPORTUNITY TO DO THIS FELL WITHIN THE CONFINES OF INDIAN RIVER COUNTY. HE CONTINUED THAT SINCE THEIR APPLICATION.- THEY PPLICATION, THEY BECOME EMINENTLY AWARE OF THE LONG YEARS THE COUNTY HAS BEEN INVOLVED IN THIS ACQUISITION, AND HE HOPED F.I.T. AND THE COUNTY NOW CAN TAKE ADVANTAGE OF A MUTUAL OPPORTUNITY. MR. ADAMS WENT ON TO SPEAK OF BOB SPILLMAN WHO CAME TO TALLAHASSEE SOME YEARS AGO TO TRY TO GET A LOCATION ON THE ISLAND FOR A COMMUNITY COLLEGE, AND HE FELT THAT WHAT THEY WANT TO DO IN CONJUNCTION WITH THE COUNTY IS NOT ANYTHING THAT IS A DIVERGENCE FROM LONG TIME PLANS, BUT A FUL- FILLMENT OF THEM. HE WAS HAPPY TO SAY THAT WITH THE AGREEMENT THAT HAS BEEN REACHED AND IS NOW DOCUMENTED, HE COULD ASSURE THE BOARD THAT THEIR PLANS ARE NOT ONLY TO START IMMEDIATELY WITH PHASE 1, BUT AS SOON AS TITLE IS RECEIVED, THEY HOPE TO START FINANCING SO PHASES 2 AND 3 CAN BE STARTED VERY SOON AND A MARINE RESOURCE FACILITY CAN BE CREATED. MR. ADAMS STATED THAT THEY ARE VERY ANXIOUS TO BECOME A MEANINGFUL, CONTRIBUTING PART OF THIS COMMUNITY. 35 JUN 2 51990 BOOK 43 pAcE$$4 JUN 2 5 19 80 Boa 43 PAGE 885' ATTORNEY COLLINS INFORMED THE BOARD THAT THE PROPERTY HAS BEEN SURVEYED AND A LEGAL DESCRIPTION DRAWN UP DIVIDING THE PROPERTY BETWEEN THE COUNTY AND F.I.T. HE NOTED THAT ALTHOUGH THE SHAPES ARE UNUSUAL, IT COULD NOT HAVE BEEN A MORE EQUITABLE DIVISION. THE COUNTY WILL RETAIN THE 50' ACCESS ROAD TO THE TRACKING STATION PROP- ERTY AND THE WESTERLY PART, PLUS A NORTHERN TRIANGLE LYING NORTH OF THE FIVE ACRES PREVIOUSLY ACQUIRED. THIS ALL ADDS UP TO A SUBSTAN- TIAL PORTION OF OCEANFRONT PROPERTY THAT WOULD BE MADE AVAILABLE TO THE PUBLIC. THE ATTORNEY NOTED THAT MR. ADAMS AND VICE CHAIRMAN Loy FEEL THE CREATION OF A PARK AND AN OCEANOGRAPHY INSTITUTION ARE COM- PATIBLE AND THAT THEY CAN WORK WELL WITH ONE ANOTHER IN INTEGRATING GOALS, AS REQUESTED BY G.S.A. HE CONTINUED THAT F.I.T. IN THEIR APPLICATION HAS SET CERTAIN GOALS TO ACHIEVE BASICALLY WITHIN A FOUR YEAR PERIOD. THESE GOALS INCLUDE A MULTI -FUNCTION BUILDING WHICH WOULD BE MADE AVAILABLE, UNDER COLLEGE CONTROL, TO THE USE OF THE COMMUNITY, I.E., LECTURE SERIES, AUDUBON SOCIETY, ETC., AND THE AVAILABILITY OF A STRUCTURE OF THAT MAGNITUDE ON THE BEACH SHOULD HAVE A TREMENDOUS IMPACT ON OUR COMMUNITY. ATTORNEY COLLINS EX- PLAINED THAT THE AGREEMENT HAS VERBIAGE WHICH CREATES A SITUATION ... WHERE THE COLLEGE AND THE COUNTY WILL WORK TOGETHER AND FUNCTION TOGETHER FOR THE BEST INTERESTS OF THE ENTIRE COMMUNITY AND COMMITS THE ENTIRE PROPERTY, F.I.T.'S AND THE COUNTY'S, TO BE USED FOR EDUCATIONAL AND RECREATIONAL PURPOSES ONLY. MR. ADAMS CONCURRED THAT THE INTENT OF THE AGREEMENT IS VERY WELL SPELLED OUT AND STATED THAT THEY ARE AUTHORIZED TO EXECUTE THE AGREEMENT ON BEHALF OF F.I.T. COMMISSIONER WODTKE ASKED, IF WE APPROVE THE AGREEMENT.- HOW GREEMENT, HOW WE HANDLE AMENDING OUR APPLICATION, AND ATTORNEY COLLINS ANTICI- PATED THAT BOTH GOVERNMENTAL AGENCIES WOULD REQUEST THAT WE FILE SIMPLE AMENDMENTS CONFORMING TO OUR AGREEMENT. VICE CHAIRMAN LOY NOTED THAT F.I.T. AND THE COUNTY WOULD BE FILING IDENTICAL AGREEMENTS. COMMISSIONER WODTKE INQUIRED IF WE ARE PAST THE PERIOD WHEN ANYONE ELSE CAN MAKE AN APPLICATION FOR THIS PROPERTY, AND ATTORNEY COLLINS STATED THAT THERE ARE ONLY TWO VESTED APPLICATIONS - ONE IS THE COUNTY'S AND ONE IS F.I.T."S. COMMISSIONER WODTKE FELT VERY STRONGLY THAT IT WOULD BE A GREAT ASSET TO INDIAN RIVER COUNTY TO HAVE FACILITIES SUCH AS THOSE PROPOSED BY F.I.T. AND THAT EVEN MORE IMPORTANT IS THE MANNER IN WHICH THESE FACILITIES WILL BE USED AND CAN WORK IN CONJUNCTION WITH HARBOR BRANCH FOUNDATION, HE STATED THAT HE WAS VERY MUCH IN FAVOR OF THIS JOINT AGREEMENT AND RESOLUTION WITH THE UNDERSTANDING THAT WE ARE GOING TO GO JOINTLY TO G,S,A, AND SAY WE ARE TOTALLY IN AGREEMENT WITH THE PROPOSED OPERATION OF THE PROPERTY, COMMISSIONER LYONS AGREED THAT THE ADDITION OF AN INSTITUTE OF HIGHER LEARNING TO THE CITY AND COUNTY CAN HAVE NOTHING BUT A GOOD AFFECT AND CHANGE THE FLAVOR OF THE COMMUNITY FOR THE BETTER, THE ONLY RESERVATION HE HAD IS TO BE SURE THAT WE GET BEACHFRONT BENEFIT AS FAR AS THE CITIZENS OF THE COUNTY ARE CONCERNED, HE NOTED THAT THIS IS A VANISHING ASSET AND IS ONE REASON MISS Loy HAS FOUGHT SO LONG AND SO HARD TO GET HOLD OF THIS PROPERTY, WE MUST BE SURE THE PUBLIC HAS ACCESS TO THE BEACHFRONT, NIR. ADAMS NOTED THAT THOSE WORDS ARE PART OF THE AGREEMENT, AND, IN ANY EVENT, USE OF THE BEACHFRONT COULD NOT BE DENIED. HE NOTED THAT THEY WILL BUILD A CAMPUS TO WHICH THE PUBLIC HAS ACCESS. COMMISSIONER DEESON STATED THAT HE COULD ONLY ECHO HIS AGREEMENT WITH WHAT HAS BEEN SAID BY COMMISSIONERS WODTKE AND LYONS. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY_COMMISSIONER LYONS, THE BOARD UNANIMOUSLY ADOPTED THE AGREEMENT THAT HAS BEEN APPROVED BY FLORIDA INSTITUTE OF TECHNOLOGY; AUTHORIZED THE SIGNATURE OF THE CHAIRMAN OR VICE CHAIRMAN; AND AUTHORIZED MAKING THE NECESSARY AMENDMENTS TO OUR APPLICATION TO GENERAL SERVICES ADMINISTRATION. COMMISSIONER WODTKE STATED THAT HE FELT THE COUNTY IS TREMENDOUSLY BLESSED TO HAVE AN COMMISSIONER AND AN ATTORNEY WHO HAVE WORKED SO HARD TO ACCOMPLISH THIS, AND THAT BOTH COMMISSIONER LOY AND THE PEOPLE AT F,I.T. ARE TO BE CONGRATULATED. ATTORNEY GEORGE HEATH INFORMED THE BOARD THAT HE HAS BEEN FORTUNATE TO BE A MEMBER OF THE BOARD OF ASSOCIATES OF F.I.T, FOR THE PAST TEN YEARS, AND ONE OF THE MAIN REASONS HE HAS REMAINED ON THAT BOARD IS THAT HE WAS SO TREMENDOUSLY IMPRESSED WITH THE 37 JUN 2 5 19 80 �� � 8816' JUN 2 5 19 80 BOOK 43 - PAcE 88 7 INSTITUTIONS ADMINISTRATION AND DOCTORIAL STAFF. HE WAS SURE THAT THIS GROUP COMING TO INDIAN RIVER COUNTY WILL BE A WONDERFUL ASSET, AND HE HAD EVERY REASON TO BELIEVE THEY ARE GOING TO MAKE INNUMERABLE CONTRIBUTIONS TO THE COMMUNITY. ATTORNEY HEATH POINTED OUT THAT THEY DO STUDIES ON WATER QUALITY. HAVE RESEARCH GRANTS.- ETC., RANTS, ETC.. AND HE FELT THEY CAN HELP US SPECIFICALLY. NOT JUST GENERALLY. SAID AGREEMENT BETWEEN F.I.T. AND THE COUNTY IS HEREBY MADE A PART OF THE MINUTES. � r � AGREEMENT THIS AGREEMENT, entered into the 25th day of June , 1980, by and between INDIAN RIVER COUNTY POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, hereinafter referred to as "County" and FLORIDA INSTITUTE OF TECHNOLOC,Y,INC., a not for profit educational institution authorized to do business in the State of Florida, hereinafter referred to as "F.I.T.", their successors and assigns. WHEREAS, both County and F.I.T. have applied to the appropriate governmental branches for distribution by the General Services Administration of that property located in Indian River County, commonly known as the "Tracking Station" and more particularly described in attached Exhibit "A" to this Agreement, which is incorporated herein, and WHEREAS, both County and F.I.T. have received notifi- cation from the General Services Administration requesting a compromise by the parties as to division of the property, and WHEREAS, both County and F.I.T. have been advised by the General Services Administration that they are the only applicants qualified to receive distribution of the property described in Exhibit "A", and WHEREAS, County has an acknowledged long-standing interest in developing a public ocean front park on the track- ing station property, and WHEREAS, F.I.T., through an oceanographic research center located in Indian River County, could expand the range of programs available to college level and be a benefit to Indian River County, NOW, THEREFORE, in consideration of the mutual promises and to resolve the conflict between the parties, it is agreed: JUN 2 51980 sooA 43, FACE8 J U N 2 519 80 eoa 43 eAcE $8S 1. Both County and F.I.T., by this Agreement, request the General Services Administration to distribute that property described in Exhibit "A", commonly known as the "Tracking Station" in a manner consistent with the drawn chart attached hereto and marked as Exhibit "B". The parties agree that Indian River County has obtained the services of Musick and Fowler to survey Parcel 2 of Exhibit "A" arriving at two separate legal descriptions, which shall be the basis of the conveyance by the General Services Administration. For the purposes of this Agreement, Exhibit "B" shall be descriptive and the survey attached hereto shall control and be made a part of this Agreement. In addition to a part of Parcel 2 of Exhibit "A", as shown on Exhibit "B", County shall also receive conveyance from the General Services Administration of Parcel 1 of Exhibit "A" and that 50 foot strip of land connecting Parcel 2 with State Road A -1-A and described in Exhibit "A" as "EXCESS EASEMENT LAND". 2. Indian River County agrees to give F.I.T. access at all times over the east west roadway to the F.I.T. parcel shown on Exhibit "B" and the 50 foot strip of land described as Excess Easement Land on Exhibit "A" for the purposes of F.I.T. gaining access for ingress and egress to its portion of lands as shown on Exhibit "B" and described in Exhibit "C". F.I.T. shall allow public access over its lands as shown on Exhibit "B". F.I.T. shall have the right to secure its'buildings. 3. F.I.T. has represented within four (4) years to build a museum educational structure, which will be available to controlled public use and for educational purposes. Said facility will benefit the residents of Indian River County, school children of Indian River County, and visitors to 'the area. The facilitites will be used for teaching programs, seminars, lectures, etc. The estimated cost of this building is approximately Two Hundred Thousand Dollars ($200,000.00) - 2 - F.I.T. warrants to County that the implementation plan attached hereto as Exhibit "D", which is part of the F.I.T. filing for public benefit allowance, shall be implemented by F.I.T. according to the time frames set out in the Exhibit; F.I.T. agrees that each phase will be accomplished within the time frame established in Exhibit "D". The warranty of this paragraph is part of the consideration of this Agreement;114 . 1111!!11 11 r-eeenvey 1:v Hie - County encourages and F.I.T. agrees to become involved in the Indian River community. The implementation of each phase of Exhibit "D" is important to create a vehicle for F.I.T. to have a proper forum for the programs and involvement described in this paragraph. 4. County agrees to establish and maintain a suitable roadway running North and South through that portion of Parcel 2 deeded to the County along with sufficient parking areas to t 4Ke f u b I IG U--5e---.OF 7"A91 accommodate persons who williisalc area. 5. Both parties agree the property described -.in Exhibit "A" shall be used only for educational and recreational purposes. 6. Both County and F.I.T. express the desire to cooperate with one another, both for the furtherance of a county park and the development of a successfull oceanographic program by F.I.T. 3 - JUN 2 51990 Boa . 43 ew 890 JUN 2 51980 Signed, sealed and delivered in the'presence of: ver�jCounty Bad 43 pace 891 INDIAN R/IVER COUN B Y . Alma Lee Loy, Vice C,�Airman ATTEST: Freda Wright, Glerk•, Y, INC L J Perry F. Clendenin, Assistant, Secretary. II!` M 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 ALFA LEE LOY and FREDA WRIGHT, well known to me to be the Vice Chairman and Clerk respectively of the corporation named in the foregoing instrument and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official eal inthe County and State last aforesaid this�day of , 1980 Notary P lic, State of F&6rida at Large. My Commission exp4_r..es: PiOTAKY PL1Il1:IC STATL OF 1WMIDA AT LARGE My COMMISSION EXPIRES MY 8 1982 WMW TM GMNL IDBS. MEII,wi:ITEU 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 DR. JOHN E. MILLER and PERRY F. CLENDENIN, well known to me to be the Executive Vice President and Assistant Secretary respectively of the corporation named in the foregoing instrument and that they severally acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in them by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and official seal ip the County and State last aforesaid thisa67A day of 1980. Notary Pub]/dc-, State of to 7 at Large. y Commission expires: NOTARY PUBLIC STATE Cr no, IDA AY LARGE MY COMMISSION EXPIRES A1LY 8 1982 KXWED TEIIIII SAL 04. UNOM "Tat JUN 2 5 19 90 Boor * 43 PACE 81" a I JUN 251980 EXHIBIT "A" BOOK 43 PAGE 893 PARCEL 1: All that tract or parcel of land lying and being in Government Lot 1_, Section 20, Township 32 South, Range 40 East, Tallahassee Meridian, Indian River County, Florida, and more particularly described as follows: Commencing at a concrete monument which is on the South line and 349.14 feet S 890 45' 25" E of the Southwest corner of said Section 20, and at a corner of a tract of land owned in fee by'the United States of America at Vdro Beach Tracking Annex; Thence N 00° 13' 15" E along the boundary of said United States tract and subsequently along the boundary of a tract of land conveyed to Indian River County, Florida, by the United States of America by quitclaim deed dated 24 August 1970, a distance of 1350.0 feet to a corner of said tracts and the POINT OF BEGINNING. Thence continue N 000 13' 15" E along the boundary of said United States tract 340 feet, more or'less, to a point which is on the mean high water line of the Atlantic Ocean, and at a corner of said United States tract; Thence Southeasterly along the meanders of said high water line which is along the boundary of said United States tract 350 feet, more or less, to a point on a line which bears S 89° 45' 25" E from the point of beginning, at a corner of said United States.tract and at a -corner of said Indian River County tract; :y r' Thence N 89° 45' 25" W along the boundary of said United States tract which is along the boundary of said Indian River :County tract 90'feet, more or less, to the point of beginning. ' Containing 0.33 of an acre, more or less, and being a portion of Tract "A" of Vero Beach Tracking Annex. PARCEL 2: All that tract or parcel of land lying and being in Govern - „1 ment Lot 1, Section 20, Township 32 South, Range 40 East, Tallahassee Meridian, Indian River County, Florida, and more �i particularly described as follows: �. Beginning at a concrete monument which is on the South -line and 349.14 feet S 89° 45'25" E of the Southwest corner of said Section 20 and at a corner of a tract of land owned in fee by the United States of America at Vero Beach Tracking Annex; .r, r. +f: t L_ _ J M i,�b �tj' '�t�•.,� Thence N 00° 13' 15" E along the boundary of said United ;�•'., j States tract 1,000-00 feet to a point which is at a corner of said United Statestract and at a corner of a tract of land conveyed to Indian River County, Florida, by the United States �n`1`'•I,J of America by quitclaim deed dated 24 August 1970,; Thence S 89° 45' 25" E along the boundary of said United fit,,;., : vStates tract which is along the boundary of said Indian River '..11'; -County tract, 208 feet, more or less, to a point which is on the mean high water line of the Atlantic Ocean and at a corner of said tracts; Thence Southeasterly along the meanders of said mean high water line which is along the boundary of said United States tract, ��. 1050 feet, more or less, to a point which is on the South line of said Section 20 and at a corner of said United States tract; Thence N 89° 45' 25" W along the boundary of said United . States tract which is along the South line of said Section 20, a distance of 481.14 feet, more or less, to the point of beginning. Parcel 2 contains 8.04 acres, more or less, and is a part of Tract "A" of Vero Beach Tracking Annex. j` EXCESS EASEMENT LA14D TRACT NO. A -101-E A strip of land 50 feet in width lying 25 feet on each side of the following described center line: ' Commence at the Southwest corner of the East 10 acres of Government Lot 1, Section 20, Township 32 South, Range 40 East, Indian River County, fora point of reference; thence Northerly along the West line of said East 10 acres of Government Lot 1 222 feet, more or less, to the center line of an existing paved road and the Point of Beginning of the center line being described herein; From said Point of Beginning, thence run Westerly along the center line of said existing paved road 210 feet, more or less, to the Easterly right-of-way line of existing State Highway A -1-A and the Point of Termination, containing 0.24 acres more 'or less. 2) GSA control Number D -FLA -675A 3) Two non-contiguous parcels of land containing approximately 8.37 + acres. One parcel consists of 8.04 + acres with an easement of .24 acres connecting it to Highway A -1-A. The second.tract is .33•+ acre. JUK'2 51980 L_ r "•JUN 2 51980 BOOK 43 WE 895 ' 00014 ; O C E• A e N —r�00012. '' '� `1 Y•�.:�s:Ts� -- ItI lix) {` x`00006 •', GORE '�,♦`�\1 \00005 �`ti �---� '•tip `\ 1 [Xi 0007 Q rf�L ' ^ti -0007 \ _J000rU ♦.. 0209 _ a:.• / .� / j _00002 -- `�••• ♦'ti 9 .heti 1'la.(.yc,,..\ 1 Y'1.7�i.i �0 111 X �� �• �.e .,� "°°�.4• •� � O �J -- 000►A r j ooc) )4 LJ . lo Q*oC M_ t.1 %11 Lj__ '� TO 'GIS f'-'':- 4. e. e��' .�5, ,'•� b - A 4 � •30001 • ". oos' .odgiy¢cz ocits _ _, ! -f � rrr� i r`!� 0011A •40 '�E tt .,O 0 2N!" fi+ : , `-'-- tip, ' �, � Y• i` �t coy _ 020_.9 A �x I I •sy. ' �' � �,A A �`'�.� .�`�• ��"•:`-•'amt « i�- [<.� �'� �• 00 U OCa v 11112 tl _00"! i C,x� ` N � 1 •f•-, N++k••-.. +Sy �^'►.. �.�^ �+''.1 L' -'_'r`, h•a ^'F"` 1. Y•. 1 _ �..r � _ •t_ iA"'.• � n�w.� �MM� i> l—=•�i��� i..+.�_��r `�1y�i•7'fro!�.. _ �L Y\� ��,a. 44 J:i►`tir'�l.,,r..�ra'�f•..�.•.,-� 1 •...a.+E�„f •r f,+t v -.w °�' , ���. �v -, r `•`-: _ a .r"•�.g�-•w��'C .+�,+•.Y.�..-� - ,., - "'s �. � ;ate ,..`Z,o�•'i�y� a•/''�'.• -v ►4 f�.i'�'� �.' ;�'� 1`':a,[• � _ .;�` '''•T*. z - t.. � ? �•- - �-`--�t..t_:.+!'s •.o _ »l.>�- :'. a .,�_,.� i�ie!+�,..=..' w'.: !,' � -"4.-• �='_`', '°'`�,.•:*1`r"er :�•^'�fy►/��'" IMPLERENTATION PLAN (Figure 1) a�� + Phase I (Completion 3 Months After Acquisition) =.L Clean up grounds, paint external surfaces of building, remove campus. Plans are to equip this facility to accommodate 25-35 unusable structures, renovate fence, check and repair roofs on researchers and graduate students at any one time. Buildings ld 2 •,waw. � Estimated Cost: $30, 000 .6-�-# �.- �� 3 4 D*hett g-%�2f} B. (1) Educational Utilization C®uNr�( Phase II (Completion Within 15 Months of Acquisition) e •. a) There are 5070 students enrolled in the uni rsity Complete renovation of Building #1 Resoarch Labcr•ftory consistent as of the date of this application. i'. building within 15 to 18 months of acquisition. (b) The are no classes operating in ergency facilities, ctyyt;t double r split shifts, etc. Phase III (C',•.:-plet.ion Within 36 Months of X yj1::itfon) .!"I r Complete renovation of Building #2 Resident Director's Ffcil_ity, (c) The average rollment p classroom unit is 28. • r , ;t: (d) The faculty consis of 154 members. Excluding :scci•,isitirn. units in which e wou not expect to find faculty �` members wit erminal deg es, such as library, :e •:,��Y: :• ROTC et , 81% of the F.I. faculty hold the earne octoral degree. 41 4 JUN 2 51984 . 6. �•it��:., 43 fAcE-89B (2) Heal Utilization Not Applicable C. Th eed,for this property does not stem from any eme ency fhiw� r. S esulting from aj*disaster. '�.. D.. The need is not the result of any requirement to meet or comply with established State standards. E. The university has no other real estate suitable for the proposed program of utlization. x... ., 5. Physical Layout, Plans and Cost Estimates IMPLERENTATION PLAN (Figure 1) ti Phase I (Completion 3 Months After Acquisition) =.L Clean up grounds, paint external surfaces of building, remove unusable structures, renovate fence, check and repair roofs on Buildings ld 2 •,waw. � Estimated Cost: $30, 000 .6-�-# �.- �� 3 4 D*hett g-%�2f} d e Acte dto C®uNr�( Phase II (Completion Within 15 Months of Acquisition) e •. Complete renovation of Building #1 Resoarch Labcr•ftory consistent with drawings included with application 11gure 2). Occupy building within 15 to 18 months of acquisition. Estimated Cost: $160,000 Y N� i t Phase III (C',•.:-plet.ion Within 36 Months of X yj1::itfon) .!"I r Complete renovation of Building #2 Resident Director's Ffcil_ity, (Figure 3) .,nd--�iRildlrtg 93 '4-•4kng-Fe-it•ij# je pfid pi 't+at-P S E .7 e .. F04 7 1 :.- . (:P 4 e 44. Occupancy w i th In 36 r•ant?is of :scci•,isitirn. }�- F,st:. ft• d G� •t: $60,100 �-• � }•- a..�f.(, 3. #' 41 4 JUN 2 51984 . 6. Boa 43 fAcE-89B t. 477 OU Phase IV (Completion Within 48 Months of Acquisition) 43: -*i897 ­ It is planned to develop a building on the site for an educational marine museum. The museum would be open for public use and would be primarily educational in character. The primary users of this facility would be: (1) Residents of Indian River County (2) School children in Indian River County (3) Visitors to the area The museum would be likened to a similar facility at the Scripps -Howard Institute, La Jolla, California, as well as, The Environmental Study Center at Jensen Beach, Florida. Examples of some of the displays would be as follows: (1) Archaeological marine samples indigenous to the beach area. (2) Pickled sea animal life found in the nearby ocean. (3) Visual display of the sea turtle cycle. (4) Displays of Indian River shoreline botany. (5) Model mangrove colony: visual displays illustrating the value of sea grapes and sea oats in stabilizing the dunes on the Indian River Coastline. (b) Actual aerial photographs of beach erosion. (7) Visual displays showing a typical beach renourishment program. In addition to the passive mode, the museum would serve as a place for active educational programs for adults in the, form of short cours=es, seminars and lectures by professors from the F.I.T. Oceanography faculty and by visiting scientists on various aspects of marine science and engineering on the coastline. The marine and environmental educational center will develop a series of programs to educate students from the first grade tip to the twelfth in the need to understand our marine envi.ronn,ent and the delicate balance of the coastal zone. The center will have film and video resources, living aquariums, demonstration units, learning kits, and a professional staff of biologists, environmentalists and oceanogr.ipliers. Additional professionals can be brnuL;ht in for guest lecturos from F.I.T. , llarbor Branch Foundotton, the Energy Ccntor at Cape Canaveral, the Science Museum and Planetarium of Palm Beach County, the State Department of Natural Resources, and the Pepartmrnt of Fnviron— nental Regulation. Many other profession.31 groups are ,a"..1i lahl.e throus;h other private uni.versi L icy :-.nd the ct-ato system. Programs will cover many subjects, some of t:hich are listed below: I. `:.111 aiid 111:; 1-nv i r( !;i,. nt 2. I'he il)-drologLcal Cycle L JUN 2 51980 4nu8989 ^'�'"•re'.'A^ac , .... . .. - ,. ' mr'.---�.-r.<r-�: .r...-�--•.... ... ,,.� ,e-->�-r..�: fir_ �^^<rr�v_.,r,-�ncT-'. 3. Basic tieteorology . ., 4. The Chemistry of the Oceans 5. The Marine Animals a. Vertebrates b. Invertebrates c. Mollusks d; 6. The Shore Line 7. Erosion and Beach Protection ',i. 8. Tides Waves and Currents 9. Plants and Trees of the Seashore 1�z,}.•, 10. The Inland Water System 11. The Life On Fresh Water Animals 12. Pollution and Pesticides N; 13. Flordia East Coast Treasures 14. Coastal Zone Management 15. Marine Vessels - History of Development ' 16. Sea Turtles - Life Cycle .. All thesero rams can be developed as elementary, intermediate P g P Y ;-Vag ' and advanced for use at all levels of learning. Similar .• Tip;.. programs can be developed for evening adult continuing education. r•�-' Successful programs can then be passed along to other Florida ,)aA and out of stat communities with ocean or riverfront areas. o-' The center will need a staff of six to ten and can serve y?' thousands of students a year. @@ �4 Acquisition of sampling equipment and a small boat will add to the "hands .on" learning experience. 01 The marine museum will be established to become a scientific and central resource archive of the Florida coastal area. It `;. will be open to the public and students. In addition to the maritime books, publications and historical data, the museum t.' will develop a film and video library of assorted marine y.; subjects. Display areas will have permanent and rotating �q.•; programs to be acquired from national and state resources. ' Suggested displays can include: 1. The treasure From Spanish Galleons 2. Shore Line Erosion - Problems and Solutions 3. Animals of the Ocean (static displays) h;. 4. Animals of the Rivers (static displays) 5. Plants and Trees of the Coastal Zone .� 6. Inlets - Natural and roman Made ' 7.. Development and Grc th of the Coastal Areas 8. The Ceolc,,,y and Gcobrarhy of Florida 9. The Water's t.dge '- -:� 10. Shells of Florida 11. The Development of Water Transportation 12. Florida Surfaces and underground Waterways • f.i',. 13. The Underwater Archaeology of Florida 14. Florida Indians :. ss 15. Sea Turtles - Life Cycle #a 10 JUN 2 51980 4nu8989 ^'�'"•re'.'A^ac , .... . .. - ,. ' mr'.---�.-r.<r-�: .r...-�--•.... ... ,,.� ,e-->�-r..�: fir_ �^^<rr�v_.,r,-�ncT-'. �K 2 -98o Boaz PAGE y1 t:, ill(: riot. idil ;'..li.itees .� 17. Birds and Wildlife of Florida _',•.• ` 18. Alternate Energy - History and Future The museum is to be supported by State, County and private foundations and donations. Staff will probably consist of a curator and three or four assistants. Research support can be t ''. provided from the State and the universities, both State and 1'' . private. Estimated Cost: $200,.000 TOTAL COST: $450,000 6. Ability to Finance and Operate r A. As with any privately supported university, financing for :;•i•:.. .r:,l•... operations and development of new facilities is derived from :a:`,:i, student tuition and fees and from gifts from foundations, ,,.,....• endowments from alumni, and friends of the University. Funds are currently available for expenditure on the property requested �,"�!• '•' in this proposal. The University currently operates on a balanced budget of more than 20 million dollars and has never f.r suffered a deficit. .s::.. ..B. The University has allocated, from its operating budget, the costs delineated in 5D above. There are no major development ••`.., costs for which funds are not currently available. 7. d }zie el Tf1f'er_FAet 0 w A. The University has a senior army ROTC unit. Currently 211 .•r. s students are enrolled. B. The applicant dors not receive any special payments In recon inn of some Federal impact in the ceinlmunity such as provided a er 815 or 874. M h • l t C.,.Florida nstitute of Technology is accredited by uthern Associatio of Colleges and Schools...a mcn.ber the Council :`'; :• ' :M •: ,`:' on Post -Seton d Accreditation, a natfoinrid _ organization r ' •' r ". . , . ts'' ` :; iY ,which includes a.. the regional accred i t t cnmmi ss i ons. + t`,�',�"' The University is appro d by the 0 ice of Education of the U.S. Department of Health duca on .-ind Welfare. `. :'�°..• s� art,"The University is n member tt:e 'crid:i :1:-;oci.;ttion of �' `'1. ' 'a' :,"•wA x}," Colleges and Universitie and the In -,oiident Colleges and rr i's If, Universities of Flori •The University n member of the A-,neric:ln Ccu, it on 1'.tu,••ir t,•n s:Yo ;and the Colle Yntrance Examli:ation ,; i', ird. Np , + a` `+�''•j+M'The'Uni rsity is a member of the S tboa ,;• 1°Y ou strrn C,�ns02'til for Z Nino ties in Engineering (SECME) . bi The 1'ni�,� -sity particip.• os t,ii he program,hntional Fund for Minority T-r.gtnt­ring Stu,it•iitq NIN /, '. f y� � %'Y ,,,.i' 1'._C 1 i �'...;g, t' rel .N'Y t,•:� t � '.4 Yjt �r T• 1 , w"ae❖ yy:� l`� •'� A.r !,�F}>i.•, i7f.•�i, � • . ,�j'� p:`.{r y�� . At THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT 12:20 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 1:45 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. VICE CHAIRMAN LOY BROUGHT UP THE EMERGENCY ITEM ADDED TO THE AGENDA IN REGARD TO A POSSIBLE PURCHASE OF LAND OFFERED FOR SALE BY THERMO ELECTRIC CORP. OF PROPERTY IN THE 201 IMPOUNDMENT AREA NORTH OF THE NORTH RELIEF CANAL. ATTORNEY COLLINS NOTED THAT EACH OF THE COMMISSIONERS HAS RECEIVED A COPY OF TWO APPRAISALS. SUBSEQUENTLY, THERE HAVE BEEN ADDITIONAL APPRAISALS, AND HE REQUESTED THIS ITEM BE ADDED TO THE AGENDA BECAUSE APPARENTLY A COUPLE OF OFFERS HAVE BEEN MADE ON THE PROPERTY, AND IF THE COUNTY IS INTERESTED IN TAKING ANY ACTION, HE BELIEVED IT SHOULD BE CONSIDERED NOW. ATTORNEY QUINN INFORMED THE BOARD THAT HE REPRESENTS THE EMPLOYEES PROFIT SHARING PLAN AT THERMO ELECTRIC CORPORATION, WHICH IS HEADQUARTERED AT SHADOWBROOK, NEW JERSEY. HE EXPLAINED THAT THE PROPERTY IN QUESTION CONSISTS OF APPROXIMATELY 55 ACRES LOCATED IMMEDIATELY NORTH AND ABUTTING THE MAIN CANAL AT THE RIVERFRONT. HIS CLIENTS BECOME INVOLVED IN THIS BY VIRTUE OF THE FACT THAT THE PROFIT SHARING PLAN INVESTED IN MORTGAGES COVERING THIS PROPERTY, AND IT ENDED UP IN A FORECLOSURE SUIT. THE LITIGATION IS NOW CON- CLUDED, AND HIS CLIENT WISHES TO SELL AS EXPEDITIOUSLY AS POSSIBLE WITHOUT GETTING INTO CONTINGENCY CONTRACTS, ETC. MR. QUINN STATED THAT THEY WOULD BE WILLING TO SELL THE 55 ACRE TRACT, WITH NO CONDITIONS OR CONTINGENCIES IN THE CONTRACT, FOR A NET TO THEM OF $175,000. HE CONFIRMED THAT A COUPLE OF OFFERS ARE CURRENTLY PENDING. INTERGOVERNMENTAL COORDINATOR THOMAS REPORTED THAT REAL ESTATE AGENT, PAUL KOHLER, HAD ADVISED HIM THAT THE PRICE WAS NEGOTIABLE. ATTORNEY QUINN BELIEVED THAT MR. KOHLER WAS ACTING ON AN OPEN LISTING AND HAVE HAVE QUOTED A FIGURE IN GOOD FAITH, BUT OFFERS HAVE BEEN MADE SINCE THAT TIME AND HE IS OBLIGATED TO BE SURE THAT HIS CLIENTS RECEIVE THE VERY BEST RETURN. HE NOTED THAT THE OFFERS WHICH HAVE BEEN RECEIVED CONTAIN NO CONDITIONS OR CONTINGENCIES INVOLVING DEVELOPMENT, BUT THERE ARE ACCESS CONTINGENCIES. JUN 2 5 1980 51 � I JUN 251990 -I aoo 43 PALE 901 COMMISSIONER LYONS FELT IF THERE ARE NO CONTINGENCIES RE- GARDING PERMITTING, THEN THEY ARE BRAVE. ATTORNEY QUINN FELT THE ESTUARIES CASE WILL HAVE AN IMPACT ON WHAT CAN BE DONE WITH THIS PROPERTY IN THE YEARS AHEAD AND THAT THE DER WILL BE HELD TO STRICTER GUIDELINES IN THE FUTURE: HOWEVER, THAT IS AN OPEN QUESTION. COMMISSIONER LYONS INFORMED HIM THAT THE COUNTY HAS JOINED IN THE SUIT TO TRY TO GET THE ESTUARIES CASE REVERSED. COORDINATOR THOMAS INFORMED THE BOARD THAT HE BELIEVED ABOUT S OR 9 ACRES OF THIS PROPERTY ARE ON HIGH LAND THAT APPEARS TO BE BUILDABLE. HE NOTED THAT S OR 9 ACRES IN THAT AREA, EVEN THOUGH IT MIGHT BE SINGLE FAMILY, WOULD BE WORTH A CONSIDERABLE SUM OF MONEY, AND HE CAN UNDERSTAND WHERE THE ONE MAKING AN OFFER COULD AFFORD TO PAY THE PRICE IF THEY COULD BE SURE THEY COULD GET TO IT - THAT ACCOUNTS FOR THE ACCESS CONTINGENCY. DISCUSSION FOLLOWED, AND IT WAS DETERMINED THAT THE OFFERS MADE WERE CASH OFFERS. COMMISSIONER WODTKE COMMENTED THAT THE APPRAISAL WE HAVE FROM MR. HOUCK ELIMINATES A 16 ACRE PIECE, WHICH BRINGS THE VALUE DOWN TO $55,000. HE STATED THAT HE WAS NOT DESIROUS OF THE COUNTY BUYING ANY HIGH LAND THAT COULD BE USED FOR RESIDENTIAL AND HE DID NOT KNOW IF THERE WAS A POSSIBLE EXCLUSION OF THAT LAND. HE STATED THAT HE WAS NOT WILLING TO MAKE AN OFFER IN THE $3,000-$4,000 AN ACRE RANGE AND WOULD NOT WANT TO GO OVER $70-$75,000. DISCUSSION FOLLOWED AS TO THE LOCATION OF ANY HIGH LAND, WHICH COMMISSIONER LYONS FELT WAS ALL CLOSE TO THE RIVER IN THE CITY OF VERO BEACH AND CLASSIFIED AS ENVIRONMENTALLY SENSITIVE ON THEIR MASTER PLAN. ATTORNEY QUINN STATED THAT THERE ARE SOME SPOIL ISLANDS THAT WOULD BE HIGHER THAN THE OTHER ACREAGE, BUT HE THOUGHT TO CHAR- ACTERIZE ANY OF THIS AS BEING HIGH WAS GENEROUS, HE BELIEVED THE ONLY HIGH LAND IN THIS AREA IS IN COUNTRY CLUB POINTE, AND HE DID NOT BELIEVE ANY OF IT COULD BE DEVELOPED WITHOUT FILL. HE CONTINUED THAT THE WESTERN PORTION OF THE PROPERTY IS THE ONLY PROPERTY TERMED 52 A TRANSITION ZONE, BUT AGAIN THIS WAS A PRE -ESTUARIES CASE DECISION, HE EXPLAINED THAT IN SPEAKING OF THE WESTERLY PORTION, HE WAS SPEAKING ABOUT THE PORTION BELONGING TO HIS CLIENT WHICH WAS FORMERLY KNOWN AS THE PAGE-HOPKINS PROPERTY,, HE STATED THAT THE WESTERN BOUNDARY OF THE TRACT WOULD BE RIGHT AT THE TERMINUS POINT OF INDIAN RIVER BOULEVARD - THE BRIDGE OVER THE MAIN CANAL, HE NOTED THERE HAVE BEEN SOME PROBLEMS WITH THE DER ON THE DEVELOPMENT OF INDIAN RIVER BOULEVARD IN THIS AREA AND SOME ACCESS PROBLEMS, COMMISSIONER LYONS BELIEVED THERE ARE A LOT OF PROBLEMS, BUT STATED THAT HE PERSONALLY WOULD LIKE TO SEE US MAKE AN OFFER. HE REALIZED THE OFFER HE HAD IN MIND AND THE OFFERS THEY APPARENTLY HAVE ARE A LONG WAYS APART, BUT POINTED OUT THE OFFER WE WOULD MAKE ' WOULD NOT BE CONTINGENT ON ANYTHING.. ATTORNEY QUINN COMMENTED THAT WOULD BE THE ATTRACTIVE FEATURE, AND HE WOULD BE GLAD TO PASS ALONG ANY OFFER, DISCUSSION ENSUED ON THE WIDELY VARYING FIGURES RECEIVED ON THE VARIOUS APPRAISALS. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER DEESON, TO MAKE AN OFFER OF $60,000 FOR THE SUBJECT PROPERTY OWNED BY THE PROFIT SHARING PLAN TO BE GOOD FOR 30 DAYS, WITH THE UNDERSTANDING THAT THIS PROPERTY IS BEING PURCHASED FOR BACK-UP IMPOUNDMENT FOR THE 201 PLAN. ATTORNEY COLLINS ASKED IF THE COMMISSION MIGHT BE INTERESTED IN PURCHASING ONLY THE LOW LANDS IF THAT OPTION WERE TO BECOME AVAILABLE, COMMISSIONER LYONS STATED HE WOULD HAVE NO OBJECTION TO SOME LESSER AMOUNT OF PROPERTY THOUGH HE FELT IT WOULD SIMPLIFY OUR PROBLEMS IF WE HAVE ALL OF IT, COMMISSIONER WODTKE FELT IT WOULD MAKE A DIFFERENCE AS TO WHERE THE LAND WAS LOCATED. HE BELIEVED THE HIGH PORTION IS ON THE EASTERN PART BY THE RIVER, AND IF THIS IS THE CASE AND WE BOUGHT THE LOWLANDS, IT WOULD BE A PROBLEM. HE CONTINUED THAT THE SECOND APPRAISAL BY MR. HOUCK IN 1977 TOOK OUT THAT 16 ACRES, AND HIS APPRAISAL OF THE REMAINING PROPERTY WAS $68,875, WHICH MIGHT BE A MORE ATTRACTIVE OFFER. 53 JUN 251980 JUN 2 5 1980 eaoK 43 PAA03 COMMISSIONER LYONS DID NOT HAVE ANY PROBLEM WITH THAT AND DID NOT THINK IT WOULD SET A PRECEDENT SINCE IT IS CLOSER TO TOWN THAN SOME OTHER PROPERTY WE MIGHT PURCHASE: THIS WOULD BE $1,250 AN ACRE. HE ASKED FROM WHAT FUND THE PURCHASE PRICE WOULD BE TAKEN, AND COMMISSIONER WODTKE STATED HOPEFULLY, THE 201 FUND. ASSUMING WE HAVE TO PAY IT BETWEEN NOW AND THEN, ATTORNEY COLLINS STATED HE VIEWED THIS AS A DUAL TAXATION PROBLEM. COORDINATOR THOMAS FELT THE LOGICAL PLACE WOULD BE FEDERAL REVENUE SHARING. HE COULD NOT AGREE THAT THIS WILL NOT SET A PRECE- DENT SINCE THE CARDINAL RULE IN APPRAISING IS RECENT SALES, BUT FELT IT MIGHT BE GOOD IF IT DID SET A PRECEDENT, ATTORNEY COLLINS NOTED THAT THE CHANCES ARE THE COUNTY'S OFFER WILL BE TURNED DOWN, BUT HE FELT THEY WILL JUST HAVE TO MAKE THEIR. BEST SHOT. ATTORNEY QUINN COMMENTED THAT SINCE THE COUNTY IS GIVING A CERTAIN AMOUNT OF CREDENCE TO THE TWO APPRAISALS GIVEN THEM, HE WOULD LIKE TO POINT OUT THAT THE APPRAISAL MADE BY JACK SHERMAN AT THE SAME TIME WAS IN EXCESS OF $200,000. THESE APPRAISALS ALL WERE USED IN THE LITIGATION. DISCUSSION CONTINUED, AND IT WAS AGREED TO STAY WITH THE $60,000 OFFER MADE IN COMMISSIONER LYONS' MOTION. THE VICE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. ATTORNEY CHESTER CLEM, PRESIDENT OF THE BAR ASSOCIATION, CAME BEFORE THE BOARD ON BEHALF OF THE CIRCUIT COURT JUDGES TO DISCUSS THE PROBLEMS SET OUT IN THE FOLLOWING MEMORANDUM FROM JUDGE SMITH: 54 �T. _ W �Shty of 7luriba CHARLES E. SMITH R r.1F)Cu1r JU[.[IE wiileteelltii Jubiciill Tirruit .Tuna 19, 1980 MEMORANDUM To: Hercules Kontulas Re: Circuit Courtrooms 224 COUNTY COURTHOUSE VERO DrACH, PLA. 37760 PHONE: 1305) 562.7871 In reviewing the layout and design of the new circuit courtrooms with the other Circuit Judges and a committee of the County Bar Association, it appears there are some changes which must be made. 1. At present, both circuit courtrooms are designed for twelve man juries. Twelve man juries are only required in capital. criminal cases and condemnation cases, and we feel that only one courtroom would need.to be designed to accomodate a twelve man jury. The proposed circuit courtrooms are just not large enough to accomodate a twelve man jury. Therefore, both of these should bc.- designed to accomodate seven man Juries, in a single row. In order that we might have one courtroom for a twelve man jury on the occasions when this is necessary, we are proposing that the county courtroom at the north end be designed to accomodate a twelve man jury. To accomplish this, the ,jury box rail would have to be moved forward to give room to add an additional row of seven chairs. The platform would have to be cularged for this second row of chairs, and the back row elevated six or seven inches higher than the front row. 2. The east circuit courtroom should have the north wall extended eight or tett'-feet into the proposed lobby area to provide a larger courtroom. !.' ?" 3. In both circuit courtrooms, there is insufficient room between the attorneys' tabes and the railing. The trend in liti- gation at present is multiple party actions with multiple attorneys. Since the courtrooms are each only 20 feet wide, this; does not give adequate work area. We would like to have the rail moved back (north) 2'8" in each courtroom, and benches placed inside the rail, adjacent to the rail for additional seating in the attorneys' area. 4. If at all possible, we would like to retain one window In e:)ch circuit courtroom, at the southernmost end, to prevent claustrophobia and to eliminate the necessity for emergency battery lighting. S. The present plan calls for individual window or wall air conditioning units, for the four circuit judges' office at the south end of the building. It appears that a new central air con- ditioni.nb system Is to be installed for the reception room, circuit hearing rooms and secretarial area. It is my understanding that window units costs at least twice as much to operate as a central system. Window units are noisy and it is difficult to conduct conferences or to concentrate with this noise. I understand that the original idea was that the Judges would be iii other counties part of the time and thus, the units would not be in use. As our county continues to grow, there will be less traveling by the circuit judges and more use of the offices here. JUN 2 51980 F, Boot 40 Pace 005 Since a newccntral system is going to be installed to serve the adjoining reception and secretarial area, we request a change order to either (a) enlarge the present proposed system to serve the secretarial area, reception area, hearing rooms and the four r}rrult judges' offices, or (b) install a separate central system for the four judges' offices. In any event, the duct work for a central system for the four judges' offices should be installed now before the remodeling is completed. 6. The present plan does not include any air conditioning for the lobby, halls, witness room or restrooms at the north end of the upstairs area. This area will be for witnesses, parties to lawsuits, jury venires for all courtrooms. The county court has a large volume of people for traffic court, small claims court, etc. These conditions are going to create a maximum of humanity with a lot of heat. For the comfort of the public and everyone attending these facilities, these areas should be air conditioned. If the cost of air conditioning is prohibitive, there must be some type of forced air fan system to circulate air to this area. The problem with this is that there are very few if any windows avallable to bet any air, so I don't think fans would be a satisfactory_ solution. In any event, we are requesting a change order on this. 1-4 of the chore changos should result in little or no additional expense, as they are basically only changes in layout and design. Attached is a ekipv of t}ie plan of the Circuit court- room;; showing the proposed change, 1 " A, C111CRLhS E. SM }} CES:sw cc: Judge G. Kendall Sharp Juc'ge L. B. Vocelle Ceorge Moss, Esq. Chester E. Clem, Esq. Mr. David B. Douglass ATTORNEY CLEM INFORMED THE BOARD THAT HE AND ATTORNEY DOSS HAD OCCASION TO GO OVER TO THE COURTHOUSE AND LOOK AT THE PLANS AND THE FACILITY AS IT IS PRESENTLY BEING LAID OUT, AND THEY WERE VERY CONCERNED WITH THE ACTUAL LAYOUT OF THE COURTROOMS FROM A SIZE STANDPOINT. HE EMPHASIZED THAT IF THERE IS ANYTHING THAT CAN BE DONE TO EXPAND THE SIZE OF AT LEAST ONE OF THE COURTROOMS, THEY WOULD CERTAINLY URGE THAT IT BE DONE SINCE SOME OF THE LARGER TRIALS HAVE MANY PEOPLE IN ATTENDANCE AND THEY DO NEED AS MUCH ROOM AS THEY CAN POSSIBLY GET, MR. CLEM EXPRESSED THE BELIEF THAT THE AIR CONDI- TIONING SHOULD BE CENTRAL RATHER THAN HAVING THE FUNNY LITTLE ANTIQUE WINDOW UNITS, WHICH HE BELIEVED WOULD COST MORE IN THE LONG RUN. HE FURTHER FELT IT MIGHT NOT BE TOO EXPENSIVE TO AIR CONDITION THE AREA THERE WHICH IS SUPPOSED TO BE NON -AIR CONDITIONED. MR, CLEM STATED THAT IT HAS BEEN HIS EXPERIENCE THAT ANYTHING YOU SPEND NOW ON CAPITAL OUTLAY IS MONEY WELL SPENT, ESPECIALLY AS THE COUNTY IS M I CONTINUING TO GROW BY LEAPS AND BOUNDS AS IS EVIDENCED BY THE FACT THAT WE NOW HAVE FOUR CIRCUIT COURT .JUDGES INSTEAD OF JUST ONE. VICE CHAIRMAN LOY NOTED THAT WE HAVE NOT YET HAD ANY RECOMMENDATION FROM CONSTRUCTION PROJECT REPRESENTATIVE HERCULES KONTOULAS. SHE EXPRESSED CONCERN THAT WE HAD A COMMITTEE FROM THE BAR ASSOCIATION WHO HAD LOOKED AT THE PLANS EARLIER AND OKAYED THEM, BUT APPARENTLY THIS WAS MORE CURSORY THAN ANYTHING ELSE. ATTORNEY CLEM AGREED THAT UNTIL YOU ACTUALLY WALK IN THE ROOMS AND PACE THEM OFF, IT DOESNIT REALLY HIT YOU HOW BAD IT WILL BE. HE FELT IF THEY WERE DERELICT, PERHAPS THEY SHOULD HAVE RUN THE PLANS BY SOMEONE MORE CAPABLE AND SOMEONE WHO IS MORE USED TO LAYING OUT COURTROOMS. ATTORNEY COLLINS COMMENTED THAT HE WAS INVOLVED IN SOME OF THE COMMITTEES, AND HE CERTAINLY DIDNIT PICK UP THE FACT THAT THERE WOULD BE WINDOW UNITS OR A LOBBY THAT WOULD NOT BE AIR CONDI- TIONED, WHICH HE FELT IS RIDICULOUS. HE NOTED THAT THEY WERE ASSURED BY THE ARCHITECT THAT THE JUDGES' CHAMBERS AND THE COURTROOMS WOULD BE SATISFACTORY, BUT APPARENTLY THEY DID NOT HAVE. THE EXPERIENCE WE THOUGHT THEY DID. HE POINTED OUT THAT IT IS VERY IMPORTANT TO HAVE ENOUGH ROOM TO CARRY OUT THE COURT FUNCTIONS; THESE THINGS ARE GOING TO BE THERE FOR TWENTY YEARS; AND HE FELT THE CHANGES REQUESTED SHOULD BE DONE IF AT ALL POSSIBLE. ATTORNEY CLEM EMPHASIZED THAT ONLY A FEW FEET MAKES A GREAT DEAL OF DIFFERENCE IN A COURTROOM. HE NOTED THAT THE ARCHITECT DID NOT EVEN PUT IN 12 SEATS FOR A CAPITAL CASE, WHICH IS A MINOR THING, BUT IT IS SOMETHING THE ARCHITECTS OVERLOOKED. APPARENTLY, THEY SIMPLY DID NOT KNOW WHAT GOES ON IN THE COURTROOM. VICE CHAIRMAN LOY ALSO FELT THAT THIS IS A CASE OF DEPEND- ING ON THE ARCHITECT, AND HE LET US DOWN. COMMISSIONER LYONS EXPRESSED REGRET THAT THIS MATTER HAS TAKEN SO LONG TO COME TO A HEAD. HE AGREED THAT COURTROOMS MUST BE FUNCTIONAL, AND VICE CHAIRMAN LOY STATED THAT SHE COULD NOT AGREE MORE ABOUT THE AIR CONDITIONING. JUN 251980 57 m 43 pm9O6 JUN 2 51980 BOOK 43 PAGE 90 CONSTRUCTION PROJECT REPRESENTATIVE HERCULES KONTOULAS COMMENTED ON THE MEMORANDUM FROM JUDGE SMITH. HE STATED THAT PARAGRAPH 1, WHICH SETS OUT THE NEED FOR A TWELVE MAN JURY BOX IN ONE COURTROOM WOULD REQUIRE A CHANGE ORDER TO EXTEND THE PLATFORM AND BUY % MORE CHAIRS AND MOVE THE EXISTING CHAIRS CLOSER TO THE WALL. THE COST WOULD BE MINIMAL, AND WE WOULD RECEIVE CREDIT FOR ELIMINATING THE PLATFORM IN THE TWO CIRCUIT COURTROOMS ONE STEP. HE FELT IT MAY BE A TRADE-OFF ON CREDIT. COMMISSIONER LYONS WAS OF THE OPINION THAT WE SHOULD BE MORE CONCERNED THAT WE HAVE ADEQUATE FACILITIES THAN WORRYING ABOUT' TRADE-OFFS. HE POINTED OUT THAT WE MUST CONSIDER THE GROWTH IN THE COURT SYSTEM AND IN THIS COUNTY. MR. KONTOULAS STATED THAT THEY ARE DEALING WITH COSTS, AND COMMISSIONER LYONS SAID HE WAS AWARE OF THAT, BUT THERE IS NO SENSE IN HAVING A FACILITY WHICH WON'T MEET THE NEED. MR. KONTOULAS THEN DISCUSSED PARAGRAPH 2 IN REGARD TO EXTENDING THE NORTH WALL OF THE EAST CIRCUIT COURTROOM INTO THE PROPOSED LOBBY AREA. HE INFORMED THE BOARD THAT THE STUDS ARE ALREADY IN PLACE IN THE WALLS, AND TO EXPAND NORTH 5'9" WOULD ELIMINATE THE WINDOW IN THE LOBBY AND REQUIRE REMOVING THE STUDS. ALSO, THEY ARE ROUGHING IN THE ELECTRICAL RIGHT NOW. IN REGARD TO RETAINING ONE WINDOW IN EACH CIRCUIT COURTROOM, AS IN PARAGRAPH 4, HE SAW NO PROBLEM IN HANDLING THAT. MR. KONTOULAS INFORMED THE BOARD THAT HE BROUGHT THE AIR CONDITIONING SET UP TO THE ATTENTION OF THE ARCHITECT SEVERAL TIMES, BUT BECAUSE OF THE COST FACTOR, THEY DE- CIDED TO LEAVE THE WINDOW UNITS IN AND STATED IT WAS IMPRACTICAL TO INSTALL CENTRAL AIR CONDITIONING,THOUGH HE ARGUED AGAINST THIS STRONGLY. MR. KONTOULAS CONTINUED THAT HE ALSO ASKED IF THE UNIT IN THE EXISTING COURTROOM COULD BE INSTALLED IN THE LOBBY USING THE EXISTING DUCT AND THAT WAS REPRESENTED BACK TO HIM AS BEING IMPRACTICAL BECAUSE THE UNIT WAS A RESIDENTIAL TYPE UNIT. MR. KONTOULAS UNDERSTOOD THAT THE 2-1/2 TON AIR CONDITIONING UNIT THAT WILL HANDLE THE HEARING ROOMS AND THE SECRETARIAL AREA HAS ALREADY BEEN PURCHASED, HE DISCUSSED GOING TO A 6-1/2 TON UNIT, WHICH HE ESTIMATED WOULD BE APPROXIMATELY $5,000, ALLOWING PROBABLY $1,000 FOR ELECTRICAL WIRING AND SEVERAL HUNDRED DOLLARS FOR ROOF MOUNTS. HE THEN WENT ON TO DISCUSS THE PROBLEMS INVOLVED WITH THE CEILINGS AND THE DUCTS AND STATED WE COULD HAVE CENTRAL AIR CONDITIONING IN THE WHOLE SOUTH END BY GOING TO A 7-1/2 TON AIR CONDITIONING UNIT. COMMISSIONER WODTKE WONDERED WHY THE BOARD HAS TO DISCUSS THESE THINGS WHEN THEY ARE PAYING AN ARCHITECT. MR. KONTOULAS EXPLAINED THE PROCEDURE IS THAT HE HAS TO WRITE ALL THESE THINGS UP AS CHANGE ORDER PROPOSALS TO THE ARCHITECTS; THEY THEN WRITE TO THE CONTRACTOR WHO PRICES THEM OUT; AND IT EVENTU- ALLY COMES BACK TO HIM. THIS ALL TAKES THREE TO SIX WEEKS. COMMISSIONER LYONS EXPRESSED CONCERN THAT THESE PROPOSED CHANGES HAVE BEEN DESIGNED BY THE LAWYER'S ASSOCIATION, AND HE DID NOT KNOW HOW THEY FIT IN WITH THE BUILDING. COMMISSIONER WODTKE STATED THAT THE ONLY PROBLEM HE HAS IS WITH THE WALL THAT ALREADY HAS BEEN STUDDED IN. HE AGREED THAT WE NEED THE JUDGE, THE JURY, THE PRESS AND THE ATTORNEYS, BUT HE DID NOT SEE THE NEED TO HAVE ROOM TO PUT IN HUNDREDS OF SPECTATORS, NOR DID HE SEE THE BENEFIT OF MOVING IN AND TEARING OUT WHAT HAS BEEN DONE. MR. KONTOULAS COMMENTED THAT HE HAD DISCUSSED THIS WITH JUDGE SMITH AND APPARENTLY THE ONLY REASON FOR ENLARGING THE COURT - ROOM IS TO GET A LARGER AUDIENCE PARTICIPATION. HE ALSO PREFERRED NOT TO MOVE THE WALL ALREADY STUDDED IN, ESPECIALLY AS IT WOULD AFFECT THE LIGHTING. HE NOTED THAT IF THE BOARD DID NOT WISH TO APPROVE ALL THESE ITEMS AT THIS TIME, THEY COULD SIMPLY INSTRUCT HIM TO WRITE THEM UP AS CHANGE ORDER PROPOSALS TO THE ARCHITECT AND HAVE THEM PRICED OUT. HE NOTED, HOWEVER, THAT THE WORK GOES ON IN THE MEANTIME, AND EVERY TIME WE HAVE TO DELAY, IT COSTS MORE. COMMISSIONER LYONS ALSO FELT THAT EXPANDING THE ONE COURT - ROOM WAS NOT AS IMPORTANT AS SOME OF THE OTHER ITEMS, WHICH COULD BE ACCOMPLISHED WITHOUT HAVING TO BACK UP. MR. KONTOULAS CONCURRED THAT THE OTHER ITEMS WOULD INVOLVE MORE MINOR CHANGES AND FURTHER NOTED THAT THE 2-1/2 TON AIR CONDI- TIONING UNIT WHICH HAS BEEN PURCHASED CAN BE RETURNED. 59 JUR 2 51980 BOOK U . PA. a8 . rp- III BmK 43 PAGE 909 ATTORNEY COLLINS STATED THAT HE REALIZED THE .JUDGES AND ATTORNEYS APPARENTLY DID NOT LOOK OVER THE COURTROOM CAREFULLY ENOUGH, BUT HE REQUESTED THAT THE BOARD REMEMBER THAT THE .JUDGE WILL HAVE TO BE IN THAT COURTROOM EVERY DAY AND THAT THEY GIVE ALL HIS RE- QUESTS FULL CONSIDERATION. DISCUSSION CONTINUED IN REGARD TO THE PROBLEMS INVOLVED IN MOVING THE WALL OF THE COURTROOM. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COM- MISSIONER DEESON, TO SECURE CHANGE ORDER PROPOSALS FOR ITEMS 1, 3, 4, 5 AND 6 AS REQUESTED BY CIRCUIT .JUDGE SMITH. VICE CHAIRMAN LOY ASKED IF THERE IS ANY OTHER WAY POSSIBLE TO EXTEND THE COURTROOM, AND MR. KONTOULAS NOTED THAT JUDGE SMITH'S FIRST REQUEST WAS THAT IT BE EXTENDED 8 TO 10', WHICH WAS IMPOSSIBLE. HE EXPLAINED THAT THE WALLS SURROUNDING THE COURTROOM ARE SOUND WALLS, AND MOVING THE WALL MIGHT TRANSFER THE NOISE IN THE LOBBY BACK. HE ALSO STATED THAT HE WOULD HATE TO LOSE THE WINDOW IN THE LOBBY. ASSISTANT ADMINISTRATOR NELSON POINTED OUT THAT THE COURT- ROOMS IN THE 2001 BUILDING ARE 2' NARROWER, AND THE JUDGES SEEM TO BE PERFECTLY HAPPY. ALSO, THE ONE DRAWN IN THE PLANS IS LONGER. COMMISSIONER LYONS STATED THAT HE WILL VOTE AGAINST THE MOTION BECAUSE HE BELIEVED ITEM 2 SHOULD BE COSTED OUT AT LEAST. VICE CHAIRMAN Loy CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED WITH CHAIRMAN LYONS VOTING IN OPPOSITION. MR. KONTOULAS INFORMED THE BOARD THAT HE HAS RECEIVED SOME COST FIGURES ON CHANGE ORDERS THAT WE HAVE HAD, CHANGE ORDER PROPOSAL #1 INVOLVES THE ROOFING OF THE ADMINISTRATION BUILDING. THE ORIGINAL SPECIFICATIONS SPECIFIED AN ALUMINUM MEMBRANE: THE OLD GRAVEL WAS TO BE SCRAPED OFF, AND THIS WAS TO BE LAID ON TOP AND BLOW TORCHED ON. THE CONTRACTOR DID NOT AGREE WITH THE SPECIFICATIONS AND DID NOT FEEL THIS COULD BE DONE BECAUSE OF THE BLISTERS ON THE ROOF. THE SPECS WERE REWRITTEN, AND THE NEW ROOF IS VINYL. THIS WOULD BE APPLIED WITH LOOSE GRAVEL. COMMISSIONER LYONS QUESTIONED WHY WE DON'T HAVE A REFLECTIVE ROOF: HE FELT IT WILL MAKE A BIG DIFFERENCE IN THE HEAT LOAD. r MR. KONTOULAS STATED IT COULD NOT BE DONE BECAUSE OF THE EXISTING ROOF CONDITIONS; IT WOULD NOT ADHERE. COMMISSIONER LYONS ASKED WHAT IT WILL COST US IN HEATING AND COOLING TO GO FROM THE REFLECTIVE TO THIS VINYL ROOFING WHICH IS DARK AND ONLY HAS THE LOOSE GRAVEL OVER IT. MR. KONTOULAS ASSUMED THAT THE HEAT GAIN, ETC., HAD BEEN WORKED OUT. MR, KONTOULAS WENT ON TO CHANGE ORDER PROPOSAL #2 WHICH INVOLVES 46 LIGHT FIXTURES WHICH WERE REMOVED MISTAKENLY BY OUR MAINTENANCE PEOPLE. THE COST TO REPLACE THEM IS A TOTAL OF $2,228. ASSISTANT ADMINISTRATOR NELSON EXPLAINED THAT THEY WERE SALVAGING EVERYTHING THEY COULD TO PUT NEW LIGHTS IN THE WAREHOUSE USED BY THE SUPERVISOR OF ELECTIONS. THESE LIGHTS WERE TAKEN FROM THE WRONG AREA, AND IT WAS NOT DISCOVERED UNTIL IT WAS TOO LATE, MR. KONTOULAS STATED THAT CHANGE ORDER PROPOSAL #3 RELATES TO INDIVIDUAL FAN COIL UNITS SHOWN ON THE ORIGINAL BLUEPRINTS OF THE SECOND FLOOR OF THE OLD HOSPITAL BUILDING. APPARENTLY, SOME OF THESE WERE NEVER PUT IN. MR. KONTOULAS SUGGESTED TO THE ARCHITECT THAT SINCE WE DO HAVE THREE UNITS IN THAT AREA, POSSIBLY ONE UNIT COULD HANDLE TWO ADJOINING AREAS. HE STATED THAT HE HAS NOT HAD A REPLY. BUT PERSONALLY FEELS THE MISSING UNIT WOULD NOT HAVE TO BE PUT IN.- AND N.AND HE WOULD RECOMMEND THAT THE BOARD NOT APPROVE THIS CHANGE ORDER AT THIS TIME. HE DID WISH TO HAVE APPROVAL ON CHANGE ORDERS #1 AND #2. COMMISSIONER LYONS SUGGESTED THAT WE DETERMINE WHAT THE AFFECT WOULD BE ON THE AIR CONDITIONING BEFORE WE APPROVE CHANGE ORDER #1 REGARDING THE NEW TYPE ROOFING. MR. KONTOULAS EXPLAINED THAT HE WOULD LIKE THE BOARD TO APPROVE THE CHANGE ORDER BECAUSE WE ARE IN THE RAINY SEASON AND IT WILL AFFECT CONSTRUCTION. HE AGREED IT IS AN IMPORTANT FACTOR, BUT IT IS A NO COST FACTOR, AND, IN ADDITION, IT COULD BE A TIME DELAY FOR THE CONTRACTOR. COMMISSIONER LYONS NOTED THAT THERE IS NO COST TODAY, BUT HE FELT WE ARE BEING STAMPEDED INTO APPROVING THIS WITHOUT KNOWING THE EFFECT. • �-EGO � � JUN 2 51980 _I 6box 43 PAGE 911 COMMISSIONER WODTKE AGREED WITH COMMISSIONER LYONS 100%, BUT COMMENTED THAT HE UNDERSTOOD MR. KONTOULAS TO SAY THAT THEY CANNOT USE THE REFLECTIVE MATERIAL BECAUSE IT WILL NOT ADHERE. HE ASKED IF COMMISSIONER LYONS IS ASKING IF THERE ARE OTHER ALTERNATIVES. MR. KONTOULAS STATED THAT THEY DID DISCUSS A TAR AND GRAVEL ROOF, WHICH IS WHAT IS THERE NOW, BUT BECAUSE OF THE CONDITION OF THE DECKING ITSELF, HUGE SQUARES WOULD HAVE TO BE CUT OUT, COMMISSIONER LYONS NOTED THAT WHEN YOU PUT A ROOF ON, IT IS PRETTY PERMANENT, AND HE JUST WISHES TO KNOW IF THERE ARE ANY ALTERNATIVES. VICE CHAIRMAN Loy COMMENTED THAT WE HAVE BEEN DEPENDING ON THE ARCHITECTS IN THE PAST, AND MAYBE IT HASN'T TURNED OUT SO WELL, BUT WE ARE REALLY GOING TO HOLD THINGS UP IF WE ASK THEM TO BRING US EVERYTHING THAT IS CONSIDERED. MR. KONTOULAS STATED THAT HE CAN HAVE MR. KIRSCH OF CONNELL, METCALF & EDDY WRITE A LETTER STATING WHY THIS MATERIAL WAS CHOSEN. COMMISSIONER WODTKE NOTED THAT HE WOULD LIKE TO HAVE COMMISSIONER LYONS' QUESTION ANSWERED, BUT HE ALSO WOULD LIKE TO HAVE THE OPTION TO GO AHEAD. COMMISSIONER LYONS COMMENTED THAT HE WILL PUT IT ON THE ARCHITECT'S SHOULDERS THAT THIS IS A VIABLE ALTERNATIVE AS FAR AS ENERGY IS CONCERNED AND ON THAT BASIS WILL APPROVE THE CHANGE ORDER. MR. KONTOULAS POINTED OUT THAT WE HAVE TO MEET A U FACTOR OF .05, AND BOTH ROOF MATERIALS MEET THAT FACTOR. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED CHANGE ORDER #1 WITH THE UNDER- STANDING THAT THIS CHANGE ORDER WILL BE QUALIFIED BY THE ARCHITECT AS BEING A VIABLE ENERGY ALTERNATIVE TO THE ORIGINAL SPECIFICATIONS: APPROVED CHANGE ORDER #2 IN THE AMOUNT OF $2,228: AND AGREED NOT TO APPROVE CHANGE ORDER #3. MR. KONTOULAS INFORMED THE BOARD THAT HE DOES HAVE A CHANGE ORDER PROPOSAL IN REGARD TO EXTENSION OF TIME FOR THE ANNEX. HE STATED THAT HE HAS TRIED TO SOUND OUT REINHOLD CONSTRUCTION ON THIS, BUT THEY WERE VERY NON -COMMUNICATIVE ABOUT THE WAY THEY WANT TOGO, AND HE CAN ONLY ASK THE ARCHITECT TO PRESS THEM FOR AN ANSWER. MR. KONTOULAS CONTINUED THAT HE HAS ANOTHER COST FIGURE IN- VOLVING THE EXISTING GENERATOR AT THE NEW COUNTY ADMINISTRATION BUILD- ING. THIS IS NOT A CHANGE ORDER PROPOSAL BECAUSE THE WAY THE SPECS WERE WRITTEN, THE OWNER HAS TO UPGRADE THE GENERATOR AND MAKE SURE IT WORKS. MR. KONTOULAS REPORTED THAT HE HAS DISCUSSED WITH TAMPA ARMA- TURE THE DIFFERENT THINGS THE OWNER WOULD HAVE TO DO WITH THE GENERATOR, AND HE IS IN AGREEMENT WITH EVERYTHING THEY SUGGESTED. HE THEN DIS- CUSSED THE PRICE FOR AN EXERCISE CLOCK, OR AUTOMATED TIME CLOCK, WITH WHICH THE GENERATOR CAN BE TURNED ON AUTOMATICALLY ONCE OR TWICE A WEEK TO KEEP THE MOTOR IN GOOD CONDITION AND THE BATTERIES CHARGED, HE NOTED THIS IS A DIESEL ENGINE, AND THE DIESEL FUEL MUST BE KEPT WARM. MR, KONTOULAS THEN EXPLAINED THAT THE EXISTING FUEL TANK, WHICH IS BURIED, HAS EXISTING COPPER LINES, BUT THE TANK AND THE GENERATOR ARE TOO FAR APART, AND IT COULD REQUIRE SEVERAL MINUTES FOR THE FUEL TO REACH THE GENERATOR. DISTANCE IS CRUCIAL BECAUSE YOU WANT THE GENERATOR ON IN A HURRY; THEREFORE, A VOLTAGE REGULATOR IS A MUST. THE COST FOR ALL OF THIS IS $3,874. MR. KONTOULAS NEXT REPORTED THAT WE DID RECEIVE THE SECOND REQUEST FOR PAYMENT ON THE ADMINISTRATION BUILDING AND THE FIRST ON THE COURTHOUSE AND GAVE THE FIGURES ON THE AMOUNTS PAID AND THE RE- TAINAGE. HE THEN PROCEEDED TO GIVE THE BOARD A HISTORY OF WHAT HAS BEEN ACCOMPLISHED. ON THE THIRD FLOORDEMOLITION IS COMPLETE; ALL NEW STUDS HAVE BEEN ERECTED; ELECTRICAL WIRING HAS BEEN INSTALLED; AND TELEPHONE STREAMS HAVE BEEN PULLED TO THE TELEPHONE CABINET. ON THE SECOND FLOOR, THE ELECTRICIANS ARE PULLING WIRE NOW; THE STUDS ARE COMPLETE; AND THAT IS WHY THE ROOF IS SO IMPORTANT BECAUSE NOTHING CAN BE DRYWALLED UNTIL THE ROOF IS DONE. ON THE FIRST FLOOR DEMOLI- TION HAS BEEN ACCOMPLISHED IN QUITE A FEW AREAS. MR. KONTOULAS COM- MENTED THAT GOOD PROGRESS HAS BEEN MADE ON THE DEMOLITION; THE CON- TRACTOR COULD USE MORE HELP BECAUSE THERE IS QUITE A RAPID TURNOVER IN PERSONNEL. PLUMBING WORK HAS BEEN DONE; FOOTINGS HAVE BEEN POURED FOR THE COMMISSION ROOM, HE FELT THEY ARE WELL ON SCHEDULE AND SHOULD BE WITHIN 40 DAYS OF STARTING ON THE WEST END. DEMOLITION IS ALSO PROCEEDING WELL AT THE COURTHOUSE. 63 JUN 2 51980 JUN 2 51980 aoax 43 PAGE 913 . COMMISSIONER LYONS STATED THAT HE WAS VERY PLEASED WITH THE REPORTS THE BOARD GETS FROM MR. KONTOULAS. HE NOTED, HOWEVER, THAT HE DID NOT MENTION THAT THE LANDSCAPER HAS DONE NOTHING WITH THE SHRUBBERY WE WERE SUPPOSED TO SAVE AND LET IT ALL DIE. MR. KONTOULAS STATED THAT HE WOULD WRITE THE CONTRACTOR ABOUT THAT. COMMISSIONER WODTKE AGREED THAT WE CANNOT DOCUMENT TOO MUCH WHAT IS HAPPENING ON A DAY TO DAY BASIS. HE NOTED THAT WE MUST DEPEND HEAVILY ON MR. KONTOULAS. HE FELT WE SHOULD GET THE ARCHI- TECT UP HERE AND TALK TO HIM. MR, KONTOULAS INFORMED THE BOARD THAT HE HAS WRITTEN 28 ITEMS OF CONSIDERATION FOR CHANGE PROPOSALS AND HAS YET TO HAVE THE FIRST CHANGE ORDER PROPOSAL BACK, HE STATED THAT HE DISCUSSED THIS AT LENGTH WITH MR. KIRSCH ON JUNE 13TH. FOR EXAMPLE, THERE IS A PROBLEM IN REGARD TO GETTING CABLE TO THE TELEPHONE EQUIPMENT ROOM, AND THE TELEPHONE COMPANY EITHER WANTS A'DEDICATED EASEMENT OR THE OWNERS TO FURNISH 24" PVC CONDUITS. MR. KONTOULAS STATED THAT HE HAS SUBMITTED THIS TO THE ARCHITECT FOR REVIEW, BUT HE HAS HAD NO REPLY. HE NOTED THAT HE DID GET A RESPONSE TO 18 ITEMS BEFORE MR. SINGH LEFT, BUT HAS HAD NOTHING SINCE. MR, KIRSCH IS HANDLING EVERYTHING. HE INFORMED THE BOARD THAT MR. KIRSCH WAS UP HERE AND DID GO TO THE SITE, BUT HE DID NOT WALK THE JOB, ASSISTANT ADMINISTRATOR NELSON CONFIRMED THAT MR. KIRSCH DID VISIT TO DISCUSS'THEIR INCREASE IN FEE, BUT HE FELT THAT WE SHOULD CONTACT MR, KIRSCH AGAIN AND ASK HIM TO COME UP IMMEDIATELY TO DISCUSS ALL THESE PROBLEMS. COMMISSIONER LYONS AGREED. VICE CHAIRMAN LOY FELT THAT MR. NELSONS SUGGESTION IS A GOOD ONE AND THAT THE ADMINISTRATOR SHOULD CONTACT MR. KIRSCH IM- MEDIATELY AND HAVE A MEETING OF THE MINDS AND WALK THE JOB. SHE FELT STRONGLY THAT WE MUST HAVE BETTER COMMUNICATION AND BETTER RESPONSE. MR. KONTOULAS BROUGHT UP SEVERAL MORE PROBLEMS. BECAUSE OF THE JOIST SPAN, THE LIGHT FIXTURES SPECIFIED ON THE SECOND FLOOR 64 r CANNOT GO IN THE GRID SYSTEM, ALSO, NO SPECIFICATIONS WERE DONE ON WHERE TO RUN THE PARKING LOT LIGHTING. IT APPARENTLY WAS ASSUMED THE LIGHTING WAS OVERHEAD. VICE CHAIRMAN LOY NOTED THAT IT BECOMES MORE IMPORTANT EVERY MOMENT TO GET ALL THIS STRAIGHTENED OUT. MR. NELSON STATED THAT ALL THESE COMMENTS OF MR. KONTOULAS WILL BE INCORPORATED IN A LETTER TO MR, KIRSCH IN RESPONSE TO THEIR REQUEST FOR AN ADDITIONAL FEE. ADMINISTRATOR JENNINGS SUGGESTED THAT A COUNTY COMMISSIONER BE PRESENT AT THE MEETING WITH MR. KIRSCH, AND THE VICE CHAIRMAN ASSURED HIM THAT COULD BE ARRANGED. VICE CHAIRMAN LOY NEXT BROUGHT UP TWO EMERGENCY ITEMS WHICH WERE ADDED TO THE AGENDA THIS MORNING AND NOTED THAT WE HAD A CON- TRACT TO DO A SPOIL ISLANDS STUDY, AS SHE UNDERSTOOD IT, THIS STUDY HAS BEEN COMPLETED BY TREASURE COAST REGIONAL PLANNING COUNCIL AND OUR STAFF: HOWEVER, IT APPEARS IT IS GOING TO BE A MODEL FOR THE STATE OF FLORIDA, AND THEY WOULD LIKE SOME CLEAN-UP WORK DONE AND WOULD LIKE US TO PUT IT IN A LITTLE BETTER FORM FOR PRESENTATION. THEY HAVE ASKED US TO APPROVE AN EXTENSION OF THE CONTRACT TO SEPTEMBER 1, 1980. IT DOESN'T INVOLVE ANY MORE DOLLARS AND APPARENTLY THE PLANNING COUNCIL AND OUR PLANNING STAFF ARE AGREEABLE. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED AN EXTENSION OF THE DER CON- TRACT IN REGARD TO A STUDY OF THE SPOIL ISLANDS TO SEPTEMBER 1. •:1 JUN 251990 At 4 _I JUN 2 51990 BOOK DER Contract No. CM -16(E2) EXTENSION TO AN AGREEMENT FOR THE INDIAN RIVER COUNTY STUDY - AN ANALYSIS OF INDIAN RIVER COUNTY SPOIL ISLANDS This extension is entered into this 25th day of 43 fAcE 915 . ,June 1980 between the Department of Environmental Regulation (DEPARTMENT), and Indian River County (COUNTY). WHEREAS, the agreement as extended February 1, 1980, was to have been completed by February 29, 1980; and, WHEREAS, the COUNTY has requested more time to adequately complete all tasks; and, WHEREAS, the DEPARTMENT is agreeable to a time extension that will also allow adequate time. NOW, THEREFORE, tnis contract shall be continued in effect and shall terminate upon completion of all responsibilities of the COUNTY as set forth in the original contract, but not later than September 1, 1980. All other terms and conditions remain the same. IN WITNESS THEREOF: INDIAN RIVER COUNTY BY: 111111;!, ,"ATTEST;: STATE.bF:FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION BY. _ Assistant Secretary ATTEST: Title -i, /22- VICE CHAIRMAN-LOY REQUESTED THAT THE MINUTES REFLECT THAT THE BOARD DID HAVE A WORKSHOP MEETING WITH THE VERO BEACH CITY COUNCIL LAST MONDAY AFTERNOON, JUNE 23RD, AND THE CITY OF VERO BEACH BY A CONSENSUS OF 4 TO 1 INDICATED THAT THEY DO WANT TO BECOME A PART OF THE SOUTH COUNTY FIRE DISTRICT, EVEN THOUGH THIS WAS A WORKSHOP MEETING, WE FELT IT WAS IMPORTANT TO ACCEPT THE RECOMMENDATION FROM OUR CONSULTANT THAT AN AD HOC COMMITTEE BE APPOINTED IMMEDIATELY TO BEGIN WORKING ON TENTATIVE PLANS AND PRELIMINARY BUDGETS AND SOME METHOD OF PRESENTING THE INFORMATION TO THE GENERAL PUBLIC. CHAIRMAN SIEBERT, COMMISSIONER WODTKE, ADMINISTRATOR .KENNINGS, MAYOR SCURLOCK, COUNCILWOMAN DOROTHY CAIN, CITY MANAGER LITTLE, AND THE PRESIDENT OF THE VERO BEACH VOLUNTEER FIRE DEPARTMENT, MIKE WODTKE, WERE ASKED TO SERVE ON THAT COMMITTEE. COMMISSIONER LYONS SUGGESTED THAT THE MINUTES REFLECT WHAT OUR ATTITUDE WAS IN CONNECTION WITH THE PROPOSED FIRE DISTRICT. HE FELT WE HAD INDICATED INFORMALLY THAT WE WERE IN FAVOR OF THE PLAN FOR A CONSOLIDATED FIRE DISTRICT WITH THE CITY OF VERO BEACH AND POSSIBLY WE SHOULD TAKE SOME FORMAL ACTION TO MAKE OUR POSITION CLEAR AT THIS TIME. COMMISSIONER WODTKE COMMENTED THAT THE NOTIFICATION TO THE SUPERVISOR OF ELECTIONS THAT WE ARE GOING TO TRY TO GET IT IN THE PRIMARY SHOULD SUFFICE. HE ASKED THE ATTORNEY IF WE HAVE TO CHANGE OUR ORDINANCE IN ANY WAY - HE FELT WE HAVE ADDRESSED THIS TO A CERTAIN EXTENT. ATTORNEY COLLINS BELIEVED WE NEED SOME MINOR CHANGES AND A CONTRACT WITH THE CITY IN REGARD TO IMPLEMENTATION, HE STATED THAT HE WAS HOPING TO HAVE THE FIRST DRAFTS IN THE CITY'S HANDS BY FRIDAY. COMMISSIONER WODTKE NOTED THAT AS FAR AS THE BUDGET IS CONCERNED, HE FELT A GREAT DEAL OF THE WORK HAS BEEN DONE. HE CON- TINUED THAT A LOT OF WORK WILL COME WHEN THE AD HOC COMMITTEE HAS TO ADDRESS WHAT THE ALTERNATIVES ARE IN THE EVENT THE REFERENDUM DOES NOT PASS AND WE HAVE TO GET READY TO START IN OCTOBER 1ST. HE FELT WE NEED FURTHER AUTHORIZATION TO USE SOUTHERN KELTON TO ASSIST IN THE BUDGETARY PROCESS. d JUN 2 51980 67 m4 43 4416 L A Fp,- _ JUN 2 51900 WK 43 PAGE 917 .. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY AUTHORIZED SOUTHERN KELTON & ASSOCIATES TO ASSIST THE AD HOC COMMITTEE ON THE SOUTH COUNTY FIRE DISTRICT. COMMISSIONER LYONS REPORTED THAT HE HAD A MEETING WITH THE ADMINISTRATOR IN REGARD TO INDIAN RIVER BOULEVARD AND THEY RECEIVED A PRELIMINARY ALIGNMENT FROM REYNOLDS, SMITH & HILLS, WHICH LOOKS AS IF IT IS GENERALLY IN CONFORMANCE WITH THE ALIGNMENT DISCUSSED WITH THE ENVIRONMENTAL PEOPLE. HE NOTED THAT EVEN THOUGH WE ARE TALKING ABOUT TWO LANES, IT LOOKS VERY MUCH AS IF THE RIGHT-OF-WAY IS GOING TO BE WIDE.ENOUGH FOR FOUR LANES IN THE LONG RUN JUST BECAUSE OF THE PROBLEMS INVOLVED WITH PROXIMITY TO SOME PROPERTY. THERE ARE SOME PIECES OF PROPERTY THAT BECOME SO SMALL THEY HAVE LOST THEIR USEFUL- NESS, AND HE BELIEVED WE WILL HAVE TO END UP BY TAKING THEM, COM- MISSIONER LYONS CONTINUED THAT HE HAD SOME DISCUSSION ABOUT THE AGREEMENT WE HAD WITH THE DER IN CONNECTION WITH ACCESS TO THAT ROAD.- AND OAD. AND REYNOLDS, SMITH & HILLS SAID THEIR LEGAL DEPARTMENT HAD SOME IDEAS AND WOULD TRANSMIT THEM TO US. COMMISSIONER LYONS` NEXT ITEM WAS IN RELATION TO A COM- PLAINT ABOUT AN OVERCHARGE FOR COPY WORK DONE BY THE SUPERVISOR OF ELECTIONS FOR A MR. PERUTA. HE BELIEVED IT AMOUNTED TO $24.00 AND SUGGESTED THAT A REFUND BE MADE. FINANCE OFFICER BARTON STATED THAT HE BELIEVED THE AMOUNT INVOLVED WAS $14.00. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE FINANCE DEPARTMENT TO REFUND TO MR. PERUTA AN AMOUNT NOT TO EXCEED $20.00. ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAD RECEIVED FROM BOND COUNSEL THE RESOLUTION FOR THE SOUTH COUNTY WATER SYSTEM BOND ISSUE, AND HE AND COORDINATOR THOMAS HAVE REVIEWED IT. COORDINATOR THOMAS CALLED TO THE BOARDS ATTENTION PARA- GRAPH (H) (1) ON PAGE 24 OF THE RESOLUTION, AS FOLLOWS: :: (H) Issuance of Other Obligations. (1) The Issuer covenants and agrees that in the event the cost of construction or completion of the Project shall exceed the dollar amount of Bonds herein authorized, it shall deposit into the Construction Account the amount of such excess out of funds available to it for such purpose, and the Issuer may provide such excess, and only such excess, through the issuance of parity Bonds conforming to the requirements of paragraph (3) of this subsection; but except_ to complete the Project, it will not issue any other obligations payable from or secured by the Pledged Funds or any part thereof, unless the conditions hereinafter set forth shall be met, or unless the lien of such obligations is junior and subordinate in all respects to the lien of the Bonds. MR. THOMAS EXPLAINED THAT WITH BIGGER PROJECTS THAT STRETCH OVER A LONGER PERIOD OF TIME, YOU COULD HAVE OVERRUNS, CHANGE ORDERS, ETC. HE DOUBTED WE WOULD HAVE THIS PROBLEM, BUT WE ARE PROTECTED IF WE DO. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-63 AUTHORIZING THE ISSUANCE OF $5,825,900 WATER REVENUE BONDS FOR THE FACILITIES FOR THE SOUTH COUNTY WATER SYSTEM. •' JUN 2 51990 :etc 43 JUN 251980 BaoK 43 PAGE 919 RESOLUTION NO. 80-63 RESOLUTION PROVIDING FOR THE ACQUISITION AND CONSTRUCTION OF CERTAIN WATER FACILITIES IN INDIAN RIVER COUNTY, FLORIDA; AUTHORIZING THE ISSUANCE BY THE COUNTY OF NOT EXCEEDING $5,825,900 WATER REVENUE BONDS, SERIES 1980 (SOUTH COUNTY WATER SYSTEM), TO FINANCE A PART OF THE COST THEREOF; PLEDGING THE GROSS REVENUES OF SUCH FACILITIES TO SECURE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; AND PROVIDING FOR THE RIGHTS OF THE HOLDERS OF THE BONDS. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: ARTICLE I GENERAL 1.01 Definitions. When used in this Instrument, the following terms shall have the following meanings, unless the text clearly otherwise requires: "Annual Budget" shall mean the Annual Budget adopted by the Issuer pursuant to Section 3.04(A) of this Instrument. "Bonds" shall mean the obligations of the Issuer authorized to be issued pursuant to Section 2.01 of this Instrument, and shall be deemed to include also any obligations issued hereafter by the Issuer pursuant to the provisions of Section 3.04 (H) of this Instrument. "Chairman" shall mean the Chairman of the Board of County Commissioners of the Issuer. "Clerk" shall mean the Clerk of the Circuit Court of Indian River County, Florida, ex officio Clerk of the Board of County Commissioners of the Issuer. "Construction Account" shall mean the account or accounts created pursuant to Section 3.03 of this Instrument for the purpose of receiving bond proceeds and other funds to pay the Cost of the Project. "Cost," when used in connection with the Project, shall mean all expenses necessary, appurtenant or incidental to the acquisition and construction of the Project, including, without -1- limitation, the cost of any land or interest therein or of any fixtures, equipment or personal property necessary or convenient therefor; the cost of labor and materials to complete such construction; engineering and legal expenses; fiscal expenses; expenses for estimates of costs and of revenues; expenses for plans, specifications and surveys; interest during construction; repayment of interim financing obligations of the Issuer issued with respect to the Project; and administrative expenses related solely to the acquisition and construction of the Project. "Fiscal Year" shall mean the period commencing on October 1 of each year and continuing to and including the suc- ceeding September 30. "Government" shall mean the United States of America, acting through the Farmers Home Administration, U.S. Department of Agriculture. "Gross Revenues" shall mean all moneys received from rates, fees, rentals or other charges or income received by the Issuer or accruing to it in the management and operation of the System, all calculated in accordance with accepted accounting methods employed in the operation of public water and sewer systems similar to the System. "Instrument" shall mean this resolution and all resolu- tions amendatory hereof which may be hereafter duly adopted by the Issuer. "Issuer" shall mean Indian River County, Florida. "Net Revenues" shall mean Gross Revenues less Operating Expenses. "Operating Expenses" shall mean the current expenses, paid or accrued, for the operation, maintenance and repair of all facilities of the System, as calculated in accordance with such accepted accounting methods, and shall include, without limiting the generality of the foregoing, insurance premiums, administra- tive expenses of the Issuer related solely to the System, labor, cost of materials and supplies used for such operation and charges for the accumulation of appropriate reserves for current expenses not annually recurrent but which are such as may rea- sonably be expected to be incurred in accordance with such accepted accounting methods, but shall exclude payments into the Sinking Fund or the Reserve Account therein and any allowance for depreciation or for renewals or replacements of capital assets of the System. "Operation and Maintenance Fund" shall mean the account created pursuant to the provisions of Section 3.04(D) of this =Vz JUN 2 51980 y � . _I BOOK 43 PAGE 92 Instrument for the purpose of receiving funds transferred from the Revenue Fund for the purpose of paying Operating Expenses. "Pledged Funds" shall mean the Gross Revenues. "Project" shall mean the water facilities in the southern part of the Issuer, more commonly known as the South County Water System, and any improvements to such facilities, to be acquired and constructed pursuant to the authorization con- tained in this Instrument in accordance with certain plans and specifications now on file with the Clerk. "Revenue Fund" shall mean the account created pursuant to the provisions of Section 3.04(B) of this Instrument, into which all Gross Revenues shall be deposited by the Issuer. "Sinking Fund" shall mean the account created pursuant to Section 3.04(C) of this Instrument, into which moneys shall be transferred from the Revenue Fund for the payment of the prin- cipal of and interest on the Bonds. "System" shall mean the complete water facilities acquired and constructed as the Project, together with any and all improvements, extensions and additions thereto hereafter constructed or acquired. 1.02 Authority for this Instrument. This Instrument is adopted pursuant to the provisions of Ch. 159, Fla. Stat. (1979), and other applicable provisions of law. 1.03 Findings. It is hereby found and determined that: (A) The Issuer does not presently own or operate a water system for the benefit of its inhabitants in southern Indian River County, Florida, and the Project is necessary for the continued preservation of.the health, welfare, convenience and safety of the Issuer and its inhabitants in such area. (B) The Issuer has been advised by its consulting engi- neers and it is hereby found and determined that the estimated Cost of the Project is $6,662,800 which shall be paid with the proceeds of the sale of the Bonds and a federal grant in the amount of $796,900. (C) The revenues to be derived annually from the rates, rentals, fees and other charges made and collected for the ser- vices and facilities of the System are estimated to be $688,608, and will be sufficient to pay, as the same shall become due and payable, the principal of and interest on the Bonds and the Operating Expenses, the aggregate annual amount of which is esti- -3- mated to be $610,356. It is estimated that the period of use- fulness of the System will exceed forty-one (41) years. (D) It is deemed necessary and desirable to pledge the Pledged Funds to the payment of the principal of and interest on the Bonds. No part of the Pledged Funds have been pledged or hypothecated except with respect to the Bonds. (E) This Instrument is declared to be and shall consti- tute a contract between the Issuer and all of the holders of the Bonds; and the covenants and agreements herein set forth to be performed by the Issuer are and shall be for the equal benefit, protection and security of all of the legal holders of any and all of the Bonds, all of which shall be of equal rank and without preference, priority or distinction of any of the Bonds over any other, except as hereinafter provided. (F) The Issuer is not, under this Instrument, obligated to levy any ad valorem taxes on any real or personal property situated within its corporate territorial limits to pay the prin- cipal of or interest on the Bonds or to pay Operating Expenses. The Bonds shall not constitute a lien upon the System or any other property of the Issuer or situated within its corporate territorial limits. 1.04 Project Authorized. The Project is hereby authorized. ARTICLE II AUTHORIZATION, TERMS, EXECUTION AND REGISTRATION OF REVENUE BONDS 2.01 Authorization of Revenue Bonds. Subject and pursuant to the provisions of this Instrument, obligations of the Issuer to be known as "Water Revenue Bonds, Series 1980 (South County Water System)", are hereby authorized to be issued in an aggregate principal amount not exceeding $5,825,900 for the purpose of providing funds to pay a part of the Cost of the Project. 2.02 Description of Bonds. The Bonds shall be dated as of the date of their delivery; shall bear interest at a rate or rates not exceeding the maximum rate permitted by law, payable on September 1, 1981, and annually thereafter on September 1 of each year; and shall be issued as a single fully -registered Bond payable in installments in the amounts and on September 1 of the years as follows or as coupon Bonds registrable as to both prin- cipal and interest, numbered consecutively from one upward in order of maturity, in the denomination of $1,000 each (except -4- JUN 2 5 19 80 Boos 43 PACE 922 JUN 2 51900 L Boa 43 PACE 9-23 Bond numbered 1 which shall be in the denomination of $53,900) and maturing on September 1 in the years and amounts as follows: Years Amounts Years Amounts 1983 $ 53,900 2002 $137,000 1984 570,000 2003 144,000 1985 60,000 2004 151,000 1986 63,000 2005 158,000 1987 66,000 2006 166,000 1988 69,000 2007 174,000 1989 72,000 2008 183,000 1990 76,000 2009 192,000 1991 80,000 .2010 202,000 1992 84,000 2011 212,000 1993 88,000 2012 223,000 1994 93,000 2013 234,000 1995 97,000 2014 245,000 1996 102,000 2015 258,000 1997 107,000 2016 271,000 1998 112,000 2017 284,000 1999 118,000 2018 298,000 2000 124,000 2019 313,000 2001 130,000 2020 329,000 Provided, however, if the Bonds shall be issued on September 1, 1981, or thereafter, each of such installment or maturity dates shall be deferred by one year for each year or fraction of a year that the issuance of the Bonds shall be deferred beyond August 31, 1981, and all other dates herein shall be deferred correspondingly. 2.03 Places of Payment. The Bonds shall be payable as to both principal and interest at such place or places as the Issuer shall hereafter by resolution designate, in lawful money of the United States of America; and shall bear interest from the date of issue, and in the case of coupon Bonds, in accordance with and upon surrender of the appurtenant interest coupons as they severally mature, unless registered; provided, however, that Bonds held by the Government shall be payable at "Finance Office, U.S. Department of Agriculture, Farmers Home Administration, 1520 Market Street, St. Louis, Missouri 63103," or at such other places as the Government shall from time to time in writing designate to the Issuer. 2.04 Provisions for Redemption. In this"secti.on the word "Bonds" shall be deemed to include the respective installments of principal of the fully -registered single Bond corresponding to the serially maturing coupon Bonds. -5- Bonds maturing on or before September 1, 1990, are not subject to redemption prior to their respective stated dates of maturity. Bonds which shall mature September 1, 1991, and thereafter shall, at the option of the Issuer, be redeemable in whole or in part, in inverse numerical and maturity order, on September 1, 1990, or on any interest payment date thereafter at par and accrued interest, plus the following premiums, expressed as percentages of the par value of the Bonds so redeemed, if redeemed in the following years: 5%, if redeemed on September 1, 1990, or thereafter, to and including September 1, 1992; 40, if redeemed on September 1, 1993, or thereafter, to and including September 1, 1997; 30, if redeemed on September 1, 1998, or thereafter, to and including September 1, 2001; 20, if redeemed on September 1, 2002, or thereafter, to and including September 1, 2005; 1%, if redeemed on September 1, 2006, or thereafter, to and including September 1, 2009; Without premium, if redeemed September 1, 2010, or thereafter, but prior to maturity; provided, however, that at least thirty (30) days prior to the redemption date, written notice of such redemption shall be given to the paying agents for the Bonds and to each of the registered owners at their respective addresses as they appear upon the registration books of the Clerk and shall be published at least once in a financial newspaper published in the City of New York, New York. Bonds held by the Government may be redeemed by the Issuer on any interest payment date prior to maturity at the price of par and accrued interest, without premium. 2.05 Execution of Bonds. The Bonds shall be executed in the name of the Issuer with the manual or facsimile signature of the Chairman and the corporate seal of the Issuer shall be imprinted thereon, attested and countersigned with the manual or facsimile signature of the Clerk, provided that the signature of one of such officers shall be manually executed thereon. In case any one or more of the officers who shall have signed or sealed any of the Bonds or whose facsimile signature shall appear thereon shall cease to be such officer of the Issuer before the Bonds so signed and sealed have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as herein pro- vided and may be issued as if the person who signed or sealed JUN 2 51980 BwK = .aa waK 43 PAGE 925 such Bonds had not ceased to hold such office. Any Bond may be signed and sealed on behalf of the Issuer by such person who at the actual time of the execution of such Bond shall hold the proper office of the Issuer, although at the date of such Bonds such person may not have held such office or may not have been sc authorized. The coupons attached to the Bonds shall be authen= ticated with the facsimile signatures of any present or future Chairman and Clerk. The Issuer may adopt and use for such pur- poses the facsimile signatures of any such persons who shall have held such offices at any time after the date of the adoption of this Instrument, notwithstanding that either or both shall have ceased to hold such office at the time the Bonds shall be actually sold and delivered. 2.06 Negotiability, Registration and Exchange. The Bonds shall be and shall have all the qualities and incidents of negotiable instruments under laws of the State of Florida, and each successive holder, in accepting any of the Bonds or the coupons appertaining thereto, shall be conclusively deemed to have agreed that the Bonds shall be and have all of the qualities and incidents of negotiable instruments. The coupon Bonds may be registered, at the option of the holder, as to both principal and interest upon the books kept for the registration and transfer of Bonds by the Clerk, as Bond Registrar, and endorsed upon the Bonds by the Bond Registrar in the space provided thereon. After such registration, no transfer of the Bonds shall be valid unless made at the office of the Bond Registrar by the registered owner or by his duly authorized agent or representative and similarly noted on the Bonds, but at the expense of the holder, the Bonds may be discharged from registra- tion by being in.like manner transferred to bearer, and thereupon transferability by delivery shall be restored. At the option and expense of the holder, the Bonds may thereafter again from time to time be registered or transferred to bearer as before. The Bond Registrar shall not be required to make any such registra- tion or transfer of Bonds during fifteen (15) days next preceding an interest payment date on the Bonds, or in the case of any pro- posed redemption of Bonds, after such Bonds have been selected for redemption. The person in whose name any Bond shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal of any Bond and the interest_ on any Bond shall be made only to or upon the order of the registered owner thereof or his legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond including the interest thereon to the extent of the sum or sums so paid. The single fully -registered Bond may be exchanged by the owner and holder thereof at any time, not more than ninety (90) -7- - M M days after surrender of such Bond to the Bond Registrar, for an equal aggregate principal amount of coupon Bonds maturing in the years and amounts corresponding to the years and amounts of the unpaid installments of principal of the single fully -registered Bond, and in the form prescribed for coupon Bonds in Section 2.08 Of this Instrument; and if all of the coupon Bonds outstanding' shall be owned and held by a single bondholder, such Bonds may, in like manner, be exchanged at the expense of such bondholder, at any time, not more than ninety (90) days after surrender of such Bonds to the Bond Registrar, for a single fully -registered Bond in principal amount equal to the aggregate principal amount of such coupon Bonds surrendered, maturing in installments in the years and amounts corresponding to the years and amounts of the maturities of such coupon Bonds so surrendered and in the form prescribed for the single fully -registered Bond in Section 2.08 of this Instrument. 2.07 Bonds Mutilated, Destroyed, Stolen or Lost. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may in its discretion issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond, upon surrender and cancellation of such mutilated Bond, or in lieu of and substitution for the Bond destroyed, stolen or lost, and upon the owner furnishing the Issuer satisfactory indemnity and complying with such other reasonable regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. All Bonds so surrendered shall be cancelled by the Clerk. If any such Bonds shall have matured or be about to mature, instead of issuing a substitute Bond, the Issuer may pay the same, upon being indemnified as aforesaid, and if such Bond be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant -to this section shall constitute original, additional contractual obligations on the part of the Issuer whether or not the lost, stolen or destroyed Bonds be at any time found by anyone, and such dupli- cate Bonds shall be entitled to equal and proportionate benefits and rights as to lien on and source and security for payment from the Pledged Funds to the same extent as all other Bonds issued hereunder. 2.08 Form of Bonds. The text of the Bonds shall be in substantially the following forms, with only such omissions, insertions and variations as may be necessary and/or desirable and approved by the Chairman or the Clerk prior to the issuance thereof (which necessity and/or desirability and approval shall be presumed by such officer's execution of the Bonds and the Issuer's delivery of the Bonds to the Government or other purchaser thereof): M-32 JUN 2 51980 BOOK 43 PAGE 926 I JUN 2 51900 awK 43 PAGE 927 No. (FORM OF COUPON BOND) UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF INDIAN RIVER WATER REVENUE BOND, SERIES 1980 (SOUTH COUNTY WATER SYSTEM) $1,000 KNOW ALL MEN BY THESE PRESENTS, that the County of Indian River, Florida, a public body created and existing under and by virtue of the laws of the State of Florida (the "Issuer"), for value received, hereby promises to pay to the bearer, or, if this Bond be registered, to the registered holder as herein provided, on the first day of September, 19 , from the special funds hereinafter mentioned, the principal sum of ONE THOUSAND DOLLARS and to pay -interest thereon, from the date of the delivery of this Bond to the purchaser thereof, solely from such special funds, at the rate of per centum ( a) per annum, payable on September 1, 1981, and annually thereafter on the first day of September of each year upon the presentation and surrender of the annexed coupons as they severally fall due, unless registered. Both principal of and interest on this Bond are payable at , I in lawful money of the United States of America. This Bond is one of an authorized issue of Bonds in the aggregate principal amount of $5,825,900 of like date, tenor and effect, except as to number, denomination and date of maturity, issued to finance a part of the cost of acquiring and construct- ing certain water facilities in the southern part of the Issuer (the "System"), under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, par- ticularly Ch. 159, Fla. Stat. (1979), and a resolution duly adopted by the Issuer on June 25, 1980 (the "Resolution"), and is subject to all the terms and conditions of the Resolution. This Bond and the interest thereon are payable solely from and secured by a prior lien upon and a pledge of the gross revenues to be derived from the operation of the System, in the manner described in the Resolution. It is expressly agreed by the holder of this Bond that the full faith and credit of the Issuer are not pledged to the payment of the principal of and interest on this Bond and that such holder shall never have the right to require or compel the exercise of any taxing power of WE M M the Issuer to the payment of such principal and interest or the cost of maintaining, repairing and operating the System. This Bond and the obligation evidenced hereby shall not constitute a lien upon the System or any part thereof or upon any other pro- perty of the Issuer or situated within its corporate limits, but shall constitute a lien only on the gross revenues derived from the operation of the System. In and by the Resolution, the Issuer has covenanted and agreed with the holders of the Bonds of this issue that it will fix, establish, revise from time to time whenever necessary, maintain and collect always such fees, rates, rentals and other charges for the use of the product, services and facilities of the System which will always produce cash revenues sufficient to pay, and out of such funds pay, as the same shall become due, the principal of and interest on the Bonds, the necessary expenses of operating and maintaining the System and all reserve, Sinking Fund or other payments required by the Resolution; and that such rates, rentals, fees and other charges will not be reduced so as to be insufficient to provide funds for such purposes. As provided in the Resolution, this Bond and all of the Bonds then outstanding are exchangeable at the expense of the holder or registered owner hereof, at any time, not less than ninety days after surrender of this Bond and all of the Bonds then outstanding to the Clerk hereinafter mentioned, as Bond Registrar, for a single fully -registered Bond in the denomination equal to the aggregate principal amount of this Bond plus all of the Bonds then outstanding, and in the form of such single Bond as provided for in the Resolution. The Bonds of this issue maturing on or before September 1, 1990, are not subject to redemption prior to their respective stated dates of maturity. Bonds which shall mature September 1, 1991, and thereafter shall, at the option of the Issuer, be redeemable in whole or in part., in inverse numerical order and maturity order, on September 1, 1990, or on any interest payment date thereafter at par and accrued interest, plus the following premiums, expressed as percentages of the par value of the Bonds so redeemed, if redeemed in the following years: 5%, if redeemed on September 1, 1990, or thereafter, to and including September 1, 1992; 40, if redeemed on September 1, 1993, or thereafter, to and including September 1, 1997; 3%, if redeemed on September 1, 1998, or thereafter, to and including September 1, 2001; -10- r JUN 2 51900 BOOK 3 PAGE 92.8 Fr ­ JUN 2 5 19 80 Boa 43 .PgE,929 20, if redeemed on September 1, 2002, or thereafter, to and including September 1, 2005; 1%, if redeemed on September 1, 2006, or thereafter, to and including September 1, 2009; Without premium, if redeemed September 1, 2010, or thereafter, but prior to maturity; provided, however, that notice of such redemption shall be given in the manner required by the Resolution. It is hereby certified and recited that all acts, con- ditions, and things required to exist, to happen and to be per- formed precedent to and. in the issuance of this Bond, exist, have happened and have been performed, in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto; and that the issuance of this Bond, and of the issue of Bonds of which this Bond is one, does not violate any constitutional or statutory limitations or provisions. This Bond and the coupons appertaining thereto are and have all the qualities and incidents .of negotiable instruments under the laws of the State of Florida. This Bond may be registered as to both principal and interest in accordance with the provisions endorsed hereon. IN WITNESS WHEREOF, the County of Indian River, Florida, has issued this Bond and has caused the same to be signed by its Chairman and attested and countersigned by its Clerk, either manually or with their facsimile signatures, and its corporate seal or a facsimile thereof to be affixed, impressed, imprinted or engraved hereon, and the interest coupons hereto attached to be executed with the facsimile signatures of such officers, all as of . M -11- M ( SEAL) ATTESTED.AND COUNTERSIGNED: Clerk COUNTY OF INDIAN RIVER, FLORIDA M Chairman (FORM OF COUPON) No. $ On the 1st day of September, 19 , unless the Bond to whish this coupon is attached is callable—and shall have been previously duly called for prior redemption and payment thereof duly made or provided for, the County of Indian River, Florida, will pay to bearer at , I , from the special funds described in the Bond to which this coupon is attached, the amount shown hereon in lawful money of the United States of America, upon presentation and surrender of this coupon, being interest then due on its Water Revenue Bond, Series 1980 (South County Water System), dated 19 , No. ' ( SEAL) ATTESTED AND COUNTERSIGNED: Clerk COUNTY OF INDIAN RIVER, FLORIDA By Chairman (PROVISIONS FOR REGISTRATION ON COUPON BONDS) PROVISIONS FOR REGISTRATION This Bond may be registered as to both principal and interest on books kept for such purpose by such Clerk, as Bond JUN 2 51990 L -12- Boa 4* PAGE 930 AN 2 5 1900 L Boa 43 PACE 93f Registrar, such registration being noted hereon by the Bond Registrar in the registration blank below, the coupons being surrendered and the interest being payable only to the registered holder, remitted by mail, after which registration no transfer shall be valid unless made by the registered holder or his legal representative and similarly noted by the Bond Registrar on the books and in the registration blank below, but it may be discharged from registration by being transferred to bearer, after which it shall be transferable by delivery, or it may again be registered as.before. Upon reconversion of this Bond into a coupon Bond, coupons representing the interest to accrue upon the Bond to date of maturity shall be attached hereto. Date of Name and Address of Signature of Registration Registered Owner Bond Registrar (FORM OF SINGLE BOND) UNITED STATES OF AMERICA STATE OF FLORIDA COUNTY OF INDIAN RIVER WATER REVENUE BOND, SERIES 1980 (SOUTH COUNTY WATER SYSTEM) KNOW ALL MEN BY THESE PRESENTS, that the County of Indian River, Florida, a public body created and existing under and by virtue of the laws of the State of Florida (the "Issuer"), for value received, hereby promises to pay to on the first day of September, 19 , from the spe- cial funds hereinafter mentioned, the principal sum of $5,825,900 on the first day of September in the years and installments as follows: -13- M Years Amounts Years Amounts 1983 $ 53,900 2002 $137,000 1984 57,000 2003 144,000 1985 60,000 2004 151,000 1986 63,000 2005 158,000 1987 66,000 2006 166,000 1988 69,000 2007 174,000 1989 72,000 2008 183,000 1990 76,000 2009 192,000 1991 80,000 2010 202,000 1992 84,000 2011 212,000 1993 88,000 2012 - 223,000 1994 93,000 2013 234,000 1995 97,000 2014 245,000 1996 102,000 2015 258,000 1997 107,000 2016 271,000 1998 112,000 2017 284,000 1999 118,000 2018 298,000 2000 124,000 2019 313,000 2001 130,000 2020 329,000 and to pay, solely from such special funds, interest on the balance of such principal sum from time to time remaining unpaid, from the date of _the delivery of this Bond to the purchaser thereof, at the rate of per centum ( %) per annum, payable on September 1, 1981, and annually thereafter on the first day of September of each year. Both principal of and interest on this Bond are payable at the United States of Amery ca. Pa ments of in lawful money 'of Y principal and interest, including prepayments of installments of principal as hereinafter provided, shall be noted by the owner and holder hereof on the Payment Record made a part of this Bond, and writ- ten notice of the making of such notation shall be promptly sent to the Issuer. Upon final payment of principal and interest, this Bond shall be surrendered to the Issuer. This Bond represents an authorized issue of Bonds in the aggregate principal amount of $5,825,900 issued to finance a part of the cost of acquiring and constructing certain water facili- ties in the southern part of the Issuer (the "System"), under the authority of and in full compliance with the Constitution and Statutes of the State of Florida, particularly Ch. 159, Fla. Stat. (1979), and a resolution duly adopted by the Issuer on June 25, 1980 (the "Resolution"), and is subject to all the terms and conditions of the Resolution. This Bond and the interest thereon are payable solely from and secured by a prior lien upon and a pledge of the gross -14- JUN 2 5198Q BOOK 43 PACE932 L , JUN 2 51990 Boas 43 PACE 933 revenues to be derived from the operation of the System, in the manner described in the Resolution. It is expressly agreed by the holder of this Bond that the full faith and credit of the Issuer are not pledged to the payment of the principal of and interest on this Bond and that such holder shall never have the right to require or compel the exercise of any taxing power of, the Issuer to the payment of such principal and interest or the cost of maintaining, repairing and operating the System. This Bond and the obligation evidenced hereby shall not constitute a lien upon the System or any part thereof or upon any other pro- perty of the Issuer or situated within its corporate limits, but shall constitute a lien only on the gross revenues derived from the operation of the System. In and by the Resolution, the Issuer has covenanted and agreed with the holder of this Bond that it will fix, establish, revise from time to time whenever necessary, maintain and collect always such fees, rates, rentals and other charges for the use of the product, services and facilities of the System which will always produce cash revenues sufficient to pay, and out of such funds pay, as the same shall become due, the principal of and interest on the Bond, the necessary expenses of operating and maintaining the System and all reserve, Sinking Fund or other payments required by the Resolution; and that such rates, rentals, fees and other charges will not be reduced so as to be insufficient to provide funds for such purposes. As provided in the Resolution, this Bond is exchangeable at the expense of the owner and.holder hereof at any time, not more than ninety days after surrender of this Bond to the Clerk hereinafter mentioned, as Bond Registrar, for an equal aggregate principal amount of coupon Bonds, payable to bearer, registrable as to both principal and interest, in the denomination of $1,000 each (except if this Bond is exchanged prior to September 1, 1983, Bond numbered 1 shall be in the denomination of $53,900 and maturing in the amounts and on September 1 of the years corresponding to the years and amounts of the unpaid installments of principal of this Bond, and in the form of such coupon Bonds as provided for in the Resolution. The installments of principal payable upon this Bond on or before September 1, 1990, are not subject to prepayment prior to their respective dates of payment. The installments of prin- cipal payable on this,Bond which shall be payable September 1, 1991, and thereafter may, at the option of the Issuer, be prepaid in whole or in part, but only in multiples of $1,000, in inverse chronological order of the installments, on September 1, 1990, or on any interest payment date thereafter at par and accrued interest, plus the following premiums, expressed as percentages of the principal amount of the installments so prepaid, if pre- paid in the following years: 7 J -15- M _I M M 5%, if paid on September 1, 1990, or thereafter, to and including September 1, 1992; 40, if paid on September 1, 1993, or thereafter, to and including September 1, 1997; 3%, if paid on September 1, 1998, or thereafter, to and including September 1, 2001; 2%, if paid on September 1, 2002, or thereafter, to and including September 1, 2005; 1%, if paid on September 1, 2006, of thereafter, to and including September 1, 2009; Without premium, if paid September 1, 2010, or thereafter, but prior to maturity; provided, however, that notice of such prepayment shall be given in the manner required by the Resolution. It is hereby certified and recited that all acts, con- ditions, and things required to exist, to happen and to be per- formed precedent to and in the issuance of this Bond, exist, have happened and have been performed, in regular and due form and time as required by the laws and Constitution of the State of Florida applicable thereto; and that the issuance of this Bond does not violate any constitutional or statutory limitations or provisions. This Bond is and has all the qualities and incidents of a negotiable instrument under the laws of the State of Florida. IN WITNESS WHEREOF, the County of Indian. River, Florida, has issued this Bond and has caused the same to be signed by its Chairman and attested and countersigned by its Clerk, and its corporate seal to be impressed hereon, all as of -16- JUN 2 51980 BOOK 43.PF 9:34 . JUN 2 51980 (SEAL) ATTESTED AND COUNTERSIGNED: Clerk wee '43 PAGE 935 COUNTY OF INDIAN RIVER, FLORIDA By Chairman (FORM OF VALIDATION CERTIFICATE ON ALL BONDS) VALIDATION CERTIFICATE This Bond was validated by judgment of the Circuit Court for Indian River County, Florida, rendered on , 1980. Chairman (FORM OF ASSIGNMENT) ASSIGNMENT For valuable consideration, the UNITED STATES OF AMERICA, acting through the U.S. DEPARTMENT OF AGRICULTURE, FARMERS HOME ADMINISTRATION, does hereby assign, transfer and deliver to all of its right, title and interest in and to this Bond and all rights belonging or appertaining to the assignor under and by virtue of this Bond. U.S. DEPARTMENT OF AGRICULTURE, FARMERS HOME ADMINISTRATION By Title: Witnesses: -17- (FORM OF PAYMENT RECORD) PAYMENT RECORD Principal Due Date Principal Balance Interest Date Signature of (Sept. 1) Payment Due Payment Paid Bondholder 1981 -0- 1982 -0- 1983 $ 53,900 1984 57,000 1985 60,000 1986 63,000 1987 66,000 1988 69,000 1989 72,000 1990 76,000 1991 80,000 1992 84,000 1993 88,000 1994 93,000 1995 97,000 1996 102,000 1997 107,000 1998 112,000 1999 118,000 2000 124,000 2001 130,000 2002 137,000 2003 144,000 2004 151,000 2005 158,000 2006 166,000 2007 174,000 2008 183,000 2009 192,000 2010 202,000 2011 212,000 2012 223,000 2013 234,000 2014 245,000 2015 258,000 2016 271,000 2017 284,000 2018 298,000 2019 313,000 2020 329,000 OHM JUN 2 5 19 9.0 BOOK 43 P r BOOK 43 PAct 93' PRINCIPAL INSTALLME14TS ON WHICH PAYMENTS HAVE BEEN MADE PRIOR TO DUE DATE Principal Principal Due Principal Balance Date Signature of Date Amount Prepaid Due Paid Bondholder -19- ARTICLE III COVENANTS, SPECIAL FUNDS AND APPLICATION THEREOF 3.01 Bonds Not to Be Indebtedness of Issuer. Neither the Bonds nor the coupons attached thereto shall be or constitute general obligations or indebtedness of the Issuer as "bonds" within the meaning of Art. VII, X12, Fla. Const. (1968), but shall be payable solely from and secured by a prior lien upon and pledge of the Pledged Funds as herein provided. No owner or holder of any Bond or coupon appertaining thereto shall ever have the right to compel the exercise of any ad valorem taxing power to pay such Bond or coupon or Operating Expenses, or be entitled to payment of such Bond or coupon from any moneys of the Issuer except from the Pledged Funds in the manner provided herein. 3.02 Security for Bonds. The payment of the principal of and interest on the Bonds shall be secured forthwith equally and ratably by a pledge of and prior lien upon the Pledged Funds. The Issuer does hereby irrevocably pledge the Pledged Funds to the payment of the principal of and interest on the Bonds and to the payment into the Sinking Fund at the times pro- vided of the sums required to secure to the holders of the Bonds the payment of the principal thereof and interest thereon at the respective maturities of the Bonds and coupons so held by them. 3.03 Application of Bond Proceeds. The Issuer hereby covenants that it will establish a separate account or accounts into which shall be deposited the proceeds from the sale of the Bonds (except such portion thereof as shall be necessary to pay interest on the Bonds during the acquisition and construction of the Project, which shall be deposited in the Sinking Fund), grant funds and the additional funds, if any, required to assure payment in full of the Cost of the Project. Withdrawals from the Construction Account shall be made only for such purposes as shall have been previously specified in the Project Cost estima- tes and as shall be approved by the Issuer's consulting engineers for the Project. The Issuer's share of any liquidated damages or other moneys paid by defaulting contractors or their sureties, and all proceeds of insurance compensating for damages to the Project during the period of acquisition and construction, shall be depo- sited in the Construction Account to assure completion of the Project. Moneys in the Construction Account shall be secured by the depository bank in accordance with U.S. Treasury Department Circular 176 and in the manner prescribed by the laws of the -20- JUN 2 51g80 BOOK 43 wt -938 JUN 2 51900 9oox 43 -PAGE 939 State of Florida relating to the securing of public funds. When the moneys on deposit in the Construction Account exceed the estimated disbursements on account of the Project for the next 90 days, the Issuer may direct the depository bank to invest such excess funds in direct obligations of, or obligations the prin- cipal of and interest on which are guaranteed by, the United States of America, which shall be subject to redemption at any time at face value pursuant to the request of the holder thereof. The earnings from any such investment shall be deposited in the Construction Account. When the construction of the Project has been completed and all construction costs have been paid in full, all funds remaining in the Construction Account, except grant funds, shall be deposited in the Sinking Fund, and the Construction Account shall be closed. All moneys deposited in the Construction Account shall be and constitute a trust fund created for the purposes stated, and there is hereby created a lien upon such fund in favor of the holders of'the Bonds until the moneys thereof shall have been applied in accordance with this Instrument. 3.04 Covenants of the Issuer. So long as any of the principal of or interest on any of the Bonds shall be outstanding and unpaid, or until there shall have been set apart in the Sinking Fund, including the Reserve Account therein, a sum suf- ficient to pay, when due, the entire principal of the Bonds remaining unpaid, together with interest accrued and to accrue thereon, the Issuer covenants with the holders of any and all of the Bonds as follows: (A) Annual Budget of Operating Ex enses. The Issuer covenants and agrees that on or before the date of delivery of the Bonds to the purchaser thereof, it will adopt a budget of Operating Expenses for the remainder of the then current Fiscal Year. Thereafter, on or before the first day of each Fiscal Year during which any of the Bonds are outstanding, it will adopt an Annual Budget of Operating Expenses for the ensuing Fiscal Year, and will mail a copy of such Annual Budget or amendments thereto to any requesting bondholder. The Issuer covenants that the Operating Expenses incurred in any year will not exceed the reasonable and necessary amounts required therefor, and that it will not expend any amount or incur any obligations for the Operation, maintenance and repair of the System in excess of the amount provided for Operating Expenses in the Annual Budget, except upon resolution of the its Board of County Commissioners that such expenses are necessary to operate and maintain the System. -21- (B) Revenue Fund. The Issuer covenants and agrees that on or before the date of delivery of the Bonds to the purchaser thereof, it will establish with a depository in the State of Florida, which is a member of the Federal Deposit Insurance Corporation and which is eligible under the laws of the State of Florida to receive county funds, and maintain so long as any of the Bonds are outstanding, a special fund to be known as the "Indian River County Water System Revenue Fund (South County Water System)." Into the Revenue Fund the Issuer shall deposit promptly as received all Gross Revenues. The Revenue Fund shall be held by the Issuer separate and apart from all other funds and shall be expended and used only in the manner and order specified in this subsection (B) and in subsections (C); -(D) and (E) of this section. (C) Bond and Interest Sinking Fund. The Issuer cove- nants and agrees to establish with a depository in the State of Florida, which is a member of the Federal Deposit Insurance Corporation, and which is eligible under the laws of the State of Florida to receive county funds, a special fund or funds, collec- tively called the "Indian River County Water System Bond and Interest Sinking Fund (South County Water System)," to be used exclusively for the purposes hereinafter mentioned. After deli- very of the Bonds to the purchaser thereof, the Issuer shall transfer on or before the 15th day of each month from the Revenue Fund and deposit to the credit of the Sinking Fund the following amounts: (1) A sum equal to 1/12 of the amount of one year's interest on all the Bonds then outstanding, together with the amount of any deficiency in prior deposits for interest; and (2) Beginning on September 15, 1982, a sum equal to 1/12 of the principal of the Bonds maturing on the next suc- ceeding anniversary date, together with the amount of any defi- ciency in prior deposits for principal. (3) After fulfillment of the requirements of paragraphs (C)(1) and (2), the Issuer shall transfer on or before the 15th day of each month from the Revenue Fund and deposit to the credit of a Reserve Account in the Sinking Fund the sum of $2,880 until such time as the funds and investments therein shall equal $345,500 and monthly thereafter such amount as may be necessary to maintain in the Reserve Account the sum of $345,500 but not exceeding $2,880 monthly. Moneys in the Reserve Account shall be used only for (1) paying the cost of repairing or replacing any damage to the System which shall be caused by an unforeseen catastrophe, (2) constructing improvements or extentions to the System which shall increase its Net Revenues and which shall be approved by the consulting engineers, if the Issuer shall not -22- JUN 2 5190 BOOK. 43 PAGE N JUN 2 51980 Boa - 43 PAcE 94f then be in default under any of the provisions of this Instrument, and (3) paying the principal of and interest on the Bonds in the event that the other moneys in the Sinking Fund shall ever be insufficient to meet such payments. (D) Operation and Maintenance Fund. The Issuer cove- nants and agrees to establish with a depository in the State of Florida, which is a member of the Federal Deposit Insurance Corporation, and which is eligible under the laws of the State of Florida to receive county funds, a special fund to be known as the "Indian River County Water System Operation and Maintenance Fund (South County Water System)," which shall be used exclusi- vely for the purpose of receiving funds to be -transferred monthly by the Issuer from the Revenue Fund, and for paying, as they accrue, Operating Expenses pursuant to the Annual Budget. After delivery of the Bonds to the purchaser thereof, and after having made the deposits to the Sinking Fund as provided in subsection (C) above, the Issuer shall transfer on or before the 15th day of each month from the Revenue Fund and deposit to the credit of the Operation and Maintenance Fund a sum sufficient to pay Operating Expenses for the current month, all in accordance with the Annual Budget. Any balance remaining in the Operation and Maintenance Fund at the end of each Fiscal Year and not required to pay costs incurred during such Fiscal Year shall be deposited promptly into the Revenue Fund. (E) Deficiency or Excess Funds. Subject to the provi- sions for the disposition of Gross Revenues in subsections (C) and (D), which are cumulative, the Issuer shall, on or before the 15th day of each month, transfer to the Reserve Account in the Sinking Fund the balance of moneys remaining in the Revenue Fund until the funds and investments in the Reserve Account equal the amount of $345,500 and thereafter whenever funds and investments in the Reserve Account equal $345,500, the Issuer may use the surplus funds in the Revenue Fund for the purchase or redemption of Bonds or for any other lawful purpose. (F) Trust Funds. The funds and accounts created and established by this Instrument shall constitute trust funds for the purpose provided herein for such funds. All of such funds, except as hereinafter provided, shall be continuously secured in the same manner as county deposits of funds are required to be secured by the laws of the State of Florida. Moneys on deposit to the credit of the Reserve Account shall be invested by the depository bank, upon request by the Issuer, in direct obliga- tions of, or obligations the principal of and interest on which are guaranteed by, the United States of America and which shall be subject to redemption at face value at anytime at the option of such holder; and the moneys on deposit to the credit of the Sinking Fund may be so invested in such obligations which shall -23- mature not later than fifteen (15) days prior to the date on which such moneys shall be needed to pay the principal of and interest on the Bonds in the manner herein provided, but moneys on deposit to the credit of the Revenue Fund and the Operation and Maintenance Fund shall be not invested at any time. The securities so purchased as an investment of funds shall be deemed at all times to be a part of the account from which such funds were withdrawn, and any loss resulting from such investment shall be charged to such account, and any interest accruing on such investment or any other profit realized therefrom shall be depos- ited to the Reserve Account until there shall be on deposit to the credit of the Reserve Account the maximum amount required by this Instrument, after which such interest or•profit shall be deposited in the Revenue Fund. (G) Rates and Charges. The Issuer covenants and agrees that it will fix, establish, revise from time to time whenever necessary and maintain always, so long as any of the Bonds are outstanding, such schedule of rates, fees, rentals and charges for the services and facilities of the System which will produce revenues which shall be sufficient to provide for current debt service and reserve requirements for the Bonds and pay Operating Expenses; and that such rates, fees, rentals or other charges will not be reduced so as to be insufficient to provide funds for such purposes. The Issuer covenants and agrees that so long as any of the Bonds are outstanding and unpaid, at the same time and in like manner that the Issuer prepares its Annual Budget of Operating Expenses, the Issuer shall annually prepare an estimate of Gross Revenues for the ensuing Fiscal Year, and to the extent that Gross Revenues are insufficient to pay such debt service requirements during such ensuing year, build up and main- tain the required reserves for all such obligations and pay Operating Expenses, the Issuer shall revise the fees and rates charged for the use of the services and facilities of the System sufficiently to provide the funds required. (H) Issuance of Other Obligations. (1) The Issuer covenants and agrees that in the event the cost of construction or completion of the Project shall exceed the dollar amount of Bonds herein authorized, it shall deposit into the Construction Account the amount of such excess out of funds available to it for such purpose, and the Issuer may provide such excess, and only such excess, through the issuance of parity Bonds conforming to the requirements of paragraph (3) of this subsection; but except to complete the Project, it will not issue any other obligations payable from or secured by the Pledged Funds or any part thereof, unless the conditions hereinafter set forth shall be met, or unless the lien of such obligations is junior and subordinate in all respects to the lien of the Bonds. -24- BOOK JUN 2 51980 _JUN 2 5 19 80 Boa 43 PAGE'943 7 (2) The Issuer shall have the right to finance addi- tional water and/or sewer facilities and related auxiliary facilities, by the issuance of one or more additional series of Bonds to be secured by a parity lien on and ratably payable from the Gross Revenues and any other security pledged to the Bonds, provided in each instance that: (a) The facility or facilities to be acquired or built from the proceeds of the additional parity Bonds is or are made a part of the System and its or their revenues are pledged as addi- tional security for the additional parity Bonds and the outstanding Bonds. (b) The Issuer is in compliance with all covenants and undertakings of the Issuer (i) herein contained, in connection with all Bonds then outstanding and (ii) made with respect to any other bonds or other obligations of the Issuer payable from the Gross Revenues or any part thereof; and has not been in default as to any payments required to be made under this Instrument for a period of at least the next preceding 24 months, or if at such time the Bonds shall not have been outstanding for 24 months, then for the period that the Bonds shall have been outstanding. (c) The annual Net Revenues for the Fiscal Year next preceding the issuance of additional parity bonds are certified by an independent certified public accountant not regularly employed by the Issuer, to have been equal to at least one and twenty -hundredths (1.20) times the average annual requirements for the payment of the principal of and interest on all Bonds then outstanding. (d) The estimated average annual net revenues of the facility or facilities to be constructed and acquired with the proceeds of such additional Bonds (and any other funds pledged and set aside for such purpose), when added to the estimated future average annual Net Revenues of the then existing System, shall be at least one and twenty -hundredths (1.20) times the average annual debt service requirements for principal and interest on all outstanding Bonds and on the additional Bonds proposed to be issued. Estimates of future revenues and Operating Expenses shall be furnished by recognized independent consulting engineers and approved by the Board of County Commissioners of the Issuer and by the Chairman thereof, and shall be forecast over a period of not exceeding ten (10) years from the date of the additional Bonds proposed to be issued. Provided, however, the conditions provided by this paragraph and by the next preceding paragraph (c) may be waived or modified by the written consent of the holders of seventy-five per centum (75%) of the Bonds then outstanding. -25- M M (3) The Issuer hereby covenants and agrees that in the event additional series of parity Bonds are issued, it will pro- vide that such parity Bonds shall mature according to a schedule which most closely approximates equal annual installments of com- bined principal and interest payments for such parity Bonds and all other Bonds payable from the revenues of the System; it will adjust the required deposits into and the maximum amount to be maintained in the Sinking Fund, including the Reserve Account therein, on the same basis as hereinabove prescribed, to reflect the average annual debt service on the additional Bonds; and it will make such additional Bonds payable as to principal on September 1 of each year in which principal falls due and the coupons attached thereto payable on September'l of each year. If in any subsequently issued series of Bonds secured by a parity lien on the revenues of the System it is provided that excess revenues shall be used to redeem Bonds in advance of scheduled maturity, or if the Issuer at its option undertakes to redeem outstanding Bonds in advance of scheduled maturity, the Issuer covenants that calls of Bonds will be applied to each series of Bonds on an equal pro rata basis (reflecting the proportion that the amount originally issued of each series bears to the amount originally issued of each of the other series) to the extent that this may be accomplished in accordance with the call provisions of the respective Bond series, but the Issuer shall have the right to call any or all outstanding Bonds which may be called at par prior to calling any Bonds that are callable at a premium. (I) Disposal of Facilities. The Issuer covenants and agrees that, so long as any of the Bonds are outstanding, it will maintain its corporate identity and existence and will not sell or otherwise dispose of any of the System facilities or any part thereof, and, except as provided for above, it will not create or permit to be created any charge or lien on the revenues thereof ranking equal or prior to the charge or lien of the holders of the Bonds. Notwithstanding the foregoing, the Issuer may at any time permanently abandon use of, or sell at fair market value, any of its System facilities, provided that: (a) It is in compliance with all covenants and under- takings in connection with all of its Bonds then outstanding, and the debt service reserve for such Bonds has been fully established; (b) It will, in the event of sale, apply the proceeds to either (1) redemption of outstanding Bonds in accordance with the provisions governing repayment of Bonds in advance of maturity, or (2) replacement of the facility so disposed of by another facility the revenues of which shall be incorporated into the System as hereinbefore provided; -26- s JUN 2 5 1980BOOK'. �4�� ;, r- I JUN 2 51980 BOOK 43 'PAGE 945 r . . (c) It is certified, prior to any abandonment of use, that the facility to be abandoned is no longer economically feasible of producing Net Revenues; and (d) It is certified that the estimated Net Revenues of the remaining System facilities for the next succeeding Fiscal, Year, plus the estimated Net Revenues of the facility, if any, to be added to the System, satisfy the earnings test hereinbefore provided in this subsection governing issuance of additional parity bonds. (J) Insurance on System. While any of the Bonds shall remain outstanding, the Issuer shall carry at -least the following insurance coverage to the extent deemed necessary by the Issuer's Attorney: (1) Fire and extended coverage on the insurable por- tions of the System, in amounts sufficient to provide for not less than full recovery whenever a loss from perils insured against does not exceed eighty per centum (80a) of the full insurable value of the damaged facility; and flood damage insurance shall be carried to the full insurable value, as recom- mended by consulting engineers, of all property of the System which may be subject to flood damage and shall be situated in flood plain area. (2) Public liability insurance relating to the opera- tion of the System, with limits of not less than $100,000 for one person and $300,000 for more than one person involved in one accident, to protect the Issuer from claims for bodily injury and/or death, and not less than $10,000 for claims for damage to property of others which may arise from the Issuer's operation of the System. (3) If the Issuer owns or operates a vehicle in the operation of the System, vehicular public liability insurance with limits of not less than $100,000 for one person and $300,000 for more than one person involved in one accident to protect the Issuer from claims for bodily injury and death, and not less than $10,000 against claims for damage to property of others which may arise from the Issuer's operation of vehicles. All such insurance shall be carried for the benefit of the holders of the Bonds. All moneys received by the Issuer by reason of insurance coverage, except liability coverage, shall be deposited to the credit of the Reserve Account and are hereby pledged by the Issuer as security for the Bonds, until and unless such proceeds are used to rememdy the loss or damage for which such proceeds are received, either by repairing the property damaged or replacing the property destroyed within ninety (90) days from the receipt of such proceeds. -27- - M M K M (K) Maintenance of System. The Issuer will complete the acquisition and construction of the Project in an economical and efficient manner with all practicable dispatch, and thereafter will maintain the System in good condition and con- tinuously operate the same in an efficient manner at a reasonable cost. (L) No Free Services. The Issuer will not render or cause to be rendered any free services of any nature by its System, nor will any preferential rates be established for users of the same class; and if the Issuer shall avail itself of the facilities or services provided by the System, or any part thereof, then the same rates, fees or charges -applicable to other customers receiving like service under similar circumstances shall be charged to the Issuer. Such charges shall be paid as they accrue, and the Issuer shall transfer from its general funds sufficient sums to pay such charges. The revenues so received shall be deemed to be revenues derived from the operation of the System, and shall be deposited and accounted for in the same manner as other revenues derived from such operation of the System. (M) Failure of User to Pay for Services. Upon failure of any user of any product, services or facilities of the System to pay for the same within sixty (60) days after the Issuer shall have billed such user therefor, the Issuer shall shut off the connection of such user and shall not furnish him or permit him to receive from the System further service until all obligations owed by him to the Issuer on account of services, including disconnection and reconnection charges, shall have -been paid in full. This covenant shall not, however, prevent the Issuer from causing any System connection to be shut off sooner. (N) Enforcement of Collections. The Issuer will dili- gently enforce and collect the rates, fees, rentals and other charges for the services and facilities of the System; and will take all steps, actions and proceedings for the enforcement and collection of such rates, fees, rentals and other charges as shall become delinquent to the full extent permitted or authorized by law; and will maintain accurate records with respect thereto. All such fees, rates, rentals, charges and revenues herein pledged shall, as collected, be held in trust to be applied as provided in this Instrument and not otherwise. (0) Compliance with Laws and Regulations. The Issuer covenants and agrees to perform and comply with, in every respect, the loan and grant agreements which it might have with the Government or with any other governmental agency, and all applicable federal and state laws and regulations. JUN 2 51900 ME Ban - - 43 mft' 946.. f 4 , . I JUN 2 51980 MOO 43 PACE 947 (P) Remedies. Any holder of the Bonds or any coupons appertaining thereto issued under the provisions of this Instrument, or any trustee acting for the holders of such Bonds and coupons, may either at law or in equity, by suit, action, mandamus or other proceedings in any court of competent jurisdic- tion, protect and enforce any and all rights, including the right to the appointment of a receiver, existing under the laws of the State of Florida, or granted and contained'in this Instrument, and may enforce and compel the performance of all duties required by this Instrument or by any applicable state or federal statutes to be performed by the Issuer or by any officer thereof. Nothing herein, however, shall be construed to grant to any holder of such Bonds or coupons any lien on any real property of the Issuer. (Q) Records and Audits. The Issuer shall keep books and records of the Pledged Funds, which such books and records shall be kept separate and apart from all other books, records and accounts of the Issuer, and any holder of a Bond or Bonds or the coupons applicable thereto shall have the right, at all reasonable times, to inspect such books and records. So long as any of the Bonds shall be outstanding, the Issuer will furnish on or before ninety (90) days after the close of each Fiscal Year, to any bondholder who shall request the same in writing, copies of an annual audit report prepared by an inde- pendent certified public accountant or an auditing official of the State of Florida, covering for the preceding Fiscal Year, in reasonable detail, the financial condition and record of opera- tion of the System. (R) Connection with System. The Issuer will, to the full extent permitted by law, require all lands, buildings, resi- dences and structures within its corporate limits which can use the facilities and services of the System to connect therewith and use the facilities and services thereof and to cease the use of all other facilities. The Issuer will not grant a franchise for the operation of any competing water or sewer system until all Bonds issued hereunder, together with interest thereon, shall have been paid in full. (S) Fidelity Bond. The Issuer will require each employee who may have possession of any Pledged Funds to be covered by a fidelity bond written by a responsible indemnity company in an amount fully adequate to protect the Issuer from loss. (T) Government Approval of Extensions and Financing. Anything herein to -the contrary notwithstanding, while the -29- { I . Government is the holder of any of the Bonds, the Issuer will not borrow any money from any source or enter into any contract or agreement or incur any other liability in connection with making extensions of or improvements to the System, other than normal maintenance of the System, or permit others to do so, without obtaining the prior written consent of the Government. (U) Reimbursement of Advances and Interest Thereon. While the Government shall be the holder of any of the Bonds, the Government shall have the right to make advances for the payment of insurance premiums and/or other advances which, in the opinion of the Government, may be required to protect the Government's security interest. In the event of any such advances, the Issuer covenants and agrees to repay the same, together with interest thereon at the same rate per annum as specified in the Bonds, upon demand made at any time after any such expenditure by the Government. Any such amount due the Government shall be secured by a pledge of and lien upon the Pledged Funds, on a parity with the Bonds, and payment thereof shall take priority over any other payments from the Reserve Account. ARTICLE IV MISCELLANEOUS PROVISIONS 4.01 Modification or Amendment. No material modifica- tion or amendment of this Instrument may be made without the con- sent in writing of the holders of two-thirds or more in principal amount of the Bonds then outstanding; provided, however, that no modification or amendment shall permit a change in the maturity of such Bonds or a reduction in the rate of interest thereon, or in the amount of the principal obligation, or affect the uncon- ditional promise of the Issuer to charge and collect such rates, fees, rentals and charges for the use of the product, services and facilities of the System and apply the same as herein provided, or reduce the number of such Bonds the written consent of the holders of which are required by this Section for such modification or amendment, without the consent of the holders of all such Bonds. 4.02 Creation of Superior Liens. The Issuer covenants that except as herein provided, it will not issue any other Bonds, certificates or obligations of any kind or nature or create or cause or permit to be created any debt, lien, pledge, assignment or encumbrance or charge payable from or enjoying a lien upon any of the Pledged Funds ranking prior and superior to the lien created by this Instrument for the benefit of the holders of the Bonds. 4.03 Arbitrage. No use will be made of the proceeds of the Bonds or the Gross Revenues which will cause the Bonds to -30- BOOK ` 3 -PA S 8 t JUN 2 51900 -BOOK 43 ?9E949 be "arbitrage bonds" within the meaning of the Internal Revenue Code. The Issuer at all times while the Bonds and the interest thereon are outstanding will comply with the requirements of Section 103(c) of the Internal Revenue Code and any valid and applicable rules and regulations of the Internal Revenue Service issued thereunder. 4.04 Severability of Invalid Provisions. If any one or more of the covenants, agreements or provisions of this Instrument or of the Bonds should be held contrary to any express provision of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or pro- visions of this Instrument and of the Bonds. 4.05 Validation Authorized. The Issuer's Attorney is hereby authorized and directed to institute appropriate pro- ceedings in the Circuit Court for Indian River County, Florida, for the validation of the Bonds. 4.06 Conflicts Repealed. All resolutions or parts of resolutions in conflict herewith are hereby repealed. 4.07 Effective Date. This Instrument shall take effect immediately upon its passage. M -31- e � r ATTORNEY COLLINS STATED THAT WE ALSO NEED TO HIRE BOND COUNSEL AND AUTHORIZE THE FILING AND COMPLETION OF THE VALIDATION SUIT. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED HIRING FREEMAN, RICHARDSON, WATSON, SLADE, KELLY & LIVERMORE OF JACKSONVILLE, FLA., AS BOND COUNSEL ON THE ISSUANCE OF THE SOUTH COUNTY WATER REVENUE BONDS AND AUTHORIZED THE FILING AND COMPLETION OF THE VALIDATION SUIT. VICE CHAIRMAN Loy COMMENTED THAT WE NEED A RECOMMENDATION FROM THE FINANCE OFFICER IN REGARD TO THE JOINT DRAINAGE STUDY. WE APPROVED THE STUDY AND THE AMOUNT OF MONEY WE WERE GOING TO SPEND, BUT NOT WHERE IT WAS TO BE TAKEN FROM. SHE FELT THE INFERENCE WAS THAT IT WOULD COME FROM REVENUE SHARING, BUT SUGGESTED THAT WE HAVE A WRITTEN RECOMMENDATION. COMMISSIONER LYONS STATED THAT HE WILL WORK ON THIS AND WILL PRESENT SOMETHING IN WRITING AT THE NEXT MEETING. ADMINISTRATOR JENNINGS STATED THAT HE HAD AN EMERGENCY ITEM PERTAINING TO A REQUEST FOR RELEASE OF THE REMAINING BOND MONEY ON OCEANSIDE SUBDIVISION. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADDED THE EMERGENCY ITEM TO THE AGENDA AS REQUESTED BY THE ADMINISTRATOR. THE ADMINISTRATOR EXPLAINED THAT THIS WAS FORMERLY TREASURE COAST DEVELOPMENT STARTED BY ALAN MCCAIN. THE SUBDIVISION, NOW KNOWN AS OCEANSIDE SUBDIVISION, HAS BEEN COMPLETED AND INSPECTED. THE REMAINING BOND MONEY IS $68,344.10, AND IT IS RECOMMENDED THAT IT BE RELEASED AT THIS TIME. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE FINANCE DEPARTMENT TO RELEASE THE REMAINING BOND MONEY POSTED IN REGARD TO OCEANSIDE SUB- DIVISION IN THE AMOUNT OF $68,344.10 AS RECOMMENDED BY THE ADMINIS- j/� _JUN N 5 /�9190 70 BOOK - 43' � PAGE 950 .. • AN 2 51980 BOOK 43i pAGE 951- FULLY EXECUTED AGREEMENT WITH OSCEOLA COUNTY IN REGARD TO THE MAINTENANCE OF FELLSMERE GRADE IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF JUNE 18, 1980. 71 This Agreement entered into this 18th day of June 1980, by and between the }BOARD OF COUNTY CUl` ,1ISSIOi1ERS OF INDIAN RIVER COUNTY, a political subdivision of the State of Floridn, hereinafter referred to as "Indian River County"; and the BOARD OF COUNTY COMMISSIONERS OF OSCEOLA COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "Osceola County". W I T N E S S E T H: WHEREAS, Indian River County and Osceola County desire to enter into an Agreement for the maintenance of certain roads connecting said Counties; and WHEREAS, the Board of County Commissioners of Indian River County and Osceola County pursuant to the provisions of Florida Statutes, Section 163.01 are empowered and authorized to enter into contracts in the form of interlocal agreements to exercise any power, privilege or authority which each Board might exercise separately; and WHEREAS, the provisions contained in this Agreement are in the common interest of the residents of Indian River County, Florida and Osceola County, Florida, respectively, and will contribute to the maintenance and improvement of certain roads connecting said Counties. NOW, THEREFORE, in consideration of the promises and conditions hereinafter contained, it is Mutually agreed 1,etwecn the parties as follows: 1. That Indian River County hereby z1grees to pay one-half of the cost of maintenance, for material, labor, and equipment cost to maintain Fellsmere Grade from its junction with Six Nile Road in Section 28, Township 30 South, Range 34 East in Osceola County to its terminus at both Brevard and Indian River Counties. JUN 2 51980 I aou 43 PAGE;AJ`c� ` r � JUN 2 51980 BflflK 43 PAGE 953 3. That Indian River County agrees to pay one-third of the cost of maintenance, for material, labor, and equipment cost to 1. maintain the three and one-half (3 1/2) mile section of Fellsmere Grade from its junction with Six Mile Road to its terminius at U.S. 441, immediately south of Kenansville. 4. That Osceola County agrees to pay one-third of the cost of maintenance, for material, labor, and equipment cost to maintain the three and one-half (3 1/2) mile section of Fellsmere Grade from its junction with Six Mile Road to its terminius at U.S. 441, immediately south of Kenansville. 5. That Osceola County agrees that it will utilize its labor for said equipment to maintain all of the above referenced roads in a passable condition as per the present maintenance schedules. Further, that Osceola County would not cause the existing roadway elevations and cross-sections to be changed except as in the course of routine maintenance. ' 6. That Osceola County shall- be responsible for the work performed under this Agreement and shall hold Indian River County harmless and free from liability for any damages to same occurring in the performance of this Agreement. 7. That within sixty (60) days following the execution of this Agreement and on or before October 1 of this year and each subsequent year, Osceola County will provide Indian River County with a written maintenance schedule for the forthcoming year. Such maintenance schedule shall contain an estimate of material, labor, and equipment costs which is expected to be incurred by Osceola County in maintaining the above referenced roads and said schedule shall show the portion allocated to Indian River County. In addition, said maintenance schedule shall show the frequency of anticipated, expected and scheduled maintenance on the above referenced roads. E. On or before sixty (60) days prior to August 1, 1980 and the 1st day of August of each year thereafter during the terms of this Agreement, L:.dian Fiver County will pay Osceola County, upon -L- M M r - M M completion of the maintenance cont-i-riplated by the receipt by Indian River County of an itemized written ;;rate. ent or invoice setting forth the actual material, labor and equip -,c -n": costs and allocation thereof to Indian River County, the amounts agreed to above for maintaining the roads subject to this Agreement. 9. This Agreement shall become effective and corm -hence when proper.notice of execution is given by the parties hereto and the initial term of this Agreement shall terminate September 30, 1980. Upon expiration of the initial term or any renewal thereof, this Agreement shall be automatically renewed for an additional period of one (1) year commencing .October 1 of the applicable year arid terminating September 30 of the following year. It is hereby , mutually agreed and understood that either party to this Agreement may terminate the same at any time, notwithstanding the one year renewal periods, provided written notice of intention to terminate this Agreement is given to the other party at least thirty (30) days prior to the intended date of termination of this Agreement. IN WITNESS IMEREOF, the parties herein have hereunto set their hands and seals on the day and year first above written. ATTE S,1 rre aPr;IZtit k 1 'e4 (S ATTEST.', BOARD OF COUNTY C01MMISSIONERS OF INDIA14 RIVER COUNTY, FLORIDA BY: ' J ar t,. .1e.ert, �3 G airman OF OSCEOLA COUNTY, FLORIDA Harris G. D ante erk iit i�I�E�c,-Inan , � I rlrwzri JUN 2 5190 J r JUN 2 51980 aoox 43 PAGE 955 RESOLUTION 80-60 APPROVING THE 201 FACILITIES PLAN IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF JUNE 18, 1980, 75 R E S O L U T I O N No. - WHEREAS, Indian River County intends to construct, operate and maintain certain sewer treatment facilities, pursuant to the 201 plan as amended, subject to receiving adequate state and federal approvals and funding, and WHEREAS, Indian River County possesses the necessary legal, financial, institutional, and managerial resources to construct, operate and maintain sewage treat- ment works and related facilities, and WHEREAS, Indian River County has limited collection transmission treatment and disposal facilities existing that meet state and federal requirements, and WHEREAS, the recently completed 201 facilities plan entitled "Indian River County 201 Facilities Plan" prepared in accordance with final construction grant regulations, 40CFR, Part 35, Sub -part E, dated January, 1980, and amended by Addendum No. 1, dated June 9, 1980, recommends the construc- tion of collection, transmission, treatment and disposal facili- ties, which will satisfy state and federal requirements, NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida, that the Board hereby indicates its approval of the 201 Facilities Plan as amended and the County intends to construct, operate, and main- tain such facilities in accordance with state and federal require- ments, subject to the facilities being approved and adequately funded by state and federal governments. Said Resolution shall become effective as of the 18th day of June , 1980. ,i ATTEST: 11 Freda. Wright, 4j erk JUN 251980 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA X' B� , ' Y Willard W. Siebert, ir.Caylrman "BOOK 43 PAG.t:9.56 r' JUN 2 5 19 80 Boa , 43 PAGE 957 THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND NOS, 66309 - 66346 INCLUSIVE, SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE FUNDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES, THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 4:15 O'CLOCK P.M. ATTEST: CLERK 71n