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HomeMy WebLinkAbout7/30/1980JULY 30, 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, JULY 301 19801 AT 8:30 O'CLOCK A.M. PRESENT WERE WILLARD W. SIEBERT, JR., CHAIRMAN; ALMA LEE LOY, VICE CHAIRMAN; WILLIAM C. WODTKE, JR.; R. DON DEESON; AND PATRICK B. LYONS. ALSO PRESENT WERE JACK G. JENNINGS, COUNTY ADMINISTRATOR; L.S. "TOMMY` THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JEFFREY BARTON, FINANCE OFFICER; BAILIFF DAN FLEISCHMAN; AND VIRGINIA HARGREAVES AND JANICE CALDWELL, DEPUTY CLERKS. THE CHAIRMAN CALLED THE MEETING TO ORDER. COMMISSIONER LYONS LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND MANUEL REESE, CENTRAL ASSEMBLY OF GOD, GAVE THE INVOCATION. CHAIRMAN SIEBERT ASKED IF ANY OF THE COMMISSIONERS WANTED TO'ADD ANYTHING TO THE AGENDA. COMMISSIONER LYONS REQUESTED ADDING A REPORT ON THE STATUS OF INDIAN RIVER BOULEVARD, AND A REQUEST TO RECONSIDER THE SHERIFF'S BUDGET. COMMISSIONER WODTKE REQUESTED ADDING A REPORT ON THE PRELIMINARY CENSUS FIGURES. COMMISSIONER LOY REQUESTED ADDING A PROPOSAL FROM THE AUDITORS REGARDING THE UTILITY DEPARTMENT, WHICH NEEDS APPROVAL TODAY. COMMISSIONER DEESON REQUESTED ADDING THE COMPREHENSIVE LAND USE PLAN FOR THE CITY OF SEBASTIAN. ADMINISTRATOR JENNINGS REQUESTED ADDING THE RELEASE OF THE BOND FOR PINE CREST SUBDIVISION, FORMERLY MITCHELL ESTATES; AND THE PROPOSED RESURFACING PROGRAM. ON MOTION MADE BY COMMISSIONER DEESON, SECONDED BY COMMIS- SIONER LOY, THE BOARD UNANIMOUSLY APPROVED THE ADDITION OF THE ABOVE ITEMS TO THE AGENDA. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF JUNE 25, 1980. -JUL 3 01980 Boot 44 pni D JUL 301980 mot 44 -issf 96' COMMISSIONER LYONS SUGGESTED THAT ON PAGE 61, LAST LINE, CHANGE THE WORD ItAFFECT " TO It EFFECT. It COMMISSIONER LYONS SUGGESTED THAT ON PAGE 64, LINE 3, CHANGE THE WORD "SOMETHING" TO " NOTHING. /I THOSE CORRECTIONS HAVING BEEN MADE, ON MOTION BY COMMIS- SIONER LYONS, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF JUNE 25, 1980, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF ,JULY 9, 1980. CHAIRMAN SIEBERT REFERRED TO PAGE 7, PARAGRAPH 7, AND QUESTIONED THE PHRASE, 'NOTICE IN WRITING." ATTORNEY SOVIERO STATED THE PHRASE WAS CORRECT. HE ADDED THAT NOTICE WAS SENT TO MR. GUZMAN, AND HE ALSO SPOKE TO HIM BY TELE- PHONE; MR. GUZMAN AGREED TO HAVE THE AUDIT COMPLETED BY AUGUST 31ST. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF JULY 9, 1980, AS WRITTEN. APPROVAL OF -CLERK' -s- AGENDA ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION FOR A PERMIT TO CARRY A CONCEALED FIREARM FOR ALFRED L. WASHINGTON. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE RENEWAL APPLICATIONS FOR A PERMIT TO CARRY A CONCEALED FIREARM FOR: ISAIAH DAN FLEISCHMAN J. HUNTER SMITH, M.D. MARIE M._ ANDERSON JACK D. STURGIS ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED BUDGET AMENDMENT No. 2 REQUESTED BY SHERIFF .JOYCE AS FOLLOWS: ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAY ROLL, COUNTY COURT, JUNE TERM, 1980, IN THE AMOUNTS OF $170.08 AND $70.84; AND CIRCUIT COURT, SPRING TERM, IN THE AMOUNTS OF $130,56 AND $61,92. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE LIST OF ERRORS, INSOLVENCIES AND DOUBLE ASSESSMENTS (E & I) 1979 ROLL, SUBMITTED BY GENE E. MORRIS, TAX COLLECTOR, AND AUTHORIZED THE SIGNATURE OF ALL MEMBERS OF THE BOARD. SAID LIST IS ON FILE IN THE OFFICE OF THE CLERK. _ 3 _ �oa� 44 -PAu 97 JUL 301990 BUDGET ACCOUNT AMENDMENT INDIAN RIVER COUNTY DATE REQUESTED Sheriff's Department No.* 2 FY: 1979-80 July 21, 1980 FORM 76-7.4 TO: INDIAN RIVER Board of County Commissioners COUNTY I hereby request approval for the amendment SI an 's De rtment uc at as set forth below: Sheriff Original Budget or Last Budget Accounts Amended FY 1979-80 Amendments Requested Budget Including Amend - ments Requested 411 SALARY OF SHERIFF $ 26,005,00 $ -0- $ 26,005.00 412 SALARIES OF DEPUTIES AND ASSISTANTS 1,280,728.00 (-25,000.00) 1,255,728.00 42 MATCHING FUNDS. SOCIAL SECURITY, RETIREMENT, & OTHER BENEFITS 244,179.00 (- 5,000.00) 239,179.00 43/4 EXPENSES OTHER THAN SALARIES 534,133.00 +30,000.00 564,133.00 45 EOUIPMENT 77,095.00 -0- 77,095.00 46 INVESTIGATIONS 7,500.00 -0- 7,500.00 47 CONTINGENCIES TOTAL BUDGET $ 2,169,640.00 $ 30,000.00 2,169,640.00 $ This is to ick Medg , e�{eipt b It Boa f County Commissioners. / This is to certify that this budget account amendment has been APPROVED �' ��C (,`� \ _ 1 o*.�"`.TZ` Approved/Disapproved Signature Date: July 30, 1980 \ -July Y 30 . 1930 ignature Title:Chairman, Bd of County Commissioners Title: County Finance Director ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED STATE WITNESS PAY ROLL, COUNTY COURT, JUNE TERM, 1980, IN THE AMOUNTS OF $170.08 AND $70.84; AND CIRCUIT COURT, SPRING TERM, IN THE AMOUNTS OF $130,56 AND $61,92. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED THE LIST OF ERRORS, INSOLVENCIES AND DOUBLE ASSESSMENTS (E & I) 1979 ROLL, SUBMITTED BY GENE E. MORRIS, TAX COLLECTOR, AND AUTHORIZED THE SIGNATURE OF ALL MEMBERS OF THE BOARD. SAID LIST IS ON FILE IN THE OFFICE OF THE CLERK. _ 3 _ �oa� 44 -PAu 97 JUL 301990 JUL 3 01990 800 44 -fa 98 r: DISCUSSION OF SOIL SURVEY - MR. CARTER TO RETURN WITH ADDITIONAL INFORMATION REGARDING IN-KIND SERVICES. MARVIN CARTER, CHAIRMAN OF THE INDIAN RIVER SOIL & WAT5R"' CONSERVATION DISTRICT, APPROACHED THE BOARD TO REVIEW THE 10 YEAR MASTER PLAN FOR ACCELERATING THE SOIL SURVEY OF FLORIDA, AS MENTIONED IN THE FOLLOWING: UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE 521 Lake Avenue, Lake Worth, Florida 33460 May 20, 1980 Mr. Marvin Carter, Chairman Indian River Soil & Water Conservation District 1708 21st Street Vero Beach, Florida 32960 Dear Marvin: Attached is the information I promised you concerning the Accelerated Soil Survey Program in Florida. I was in error when I said that legislation had been passed funding the soil survey program. Rather, in 1973, a major push by the Soil & Water Conservation Council, Florida Association of Conservation Districts, and the Soil Conservation Service was made to the legislature to fund the program. At that time, the thinking was that formal legislation wasn't needed. The program has been funded each year since then at the levels depicted in the attached reports. I hope this information is helpful. I discussed the cost of the soil survey further with our State Office staff and their estimate of cost to Indian River County is $18.750. However, the final estimate of cost will be made at the time the agree- ments and memo of understanding is signed with all participating units of government. No substantial increase is seen at this time. In regard to your question as to when a survey could be initiated in Indian River County I would have to say it may be as late as October 12 1981 before soil scientists are available to staff a survey party in your county. Hopefully sooner. I would like to assure you that we in the Soil Conservation Service are keenly interested in providing the soil survey assistance. In anticipation of local funding we have ordered the aerial photography for Indian River County at a cost of approximately $10,000. I hope this information will be useful to you in gaining support for a soil survey in Indian River County. Let me know if I can be of further assistance. Sincerely, 7 "�- Ronald Smola Area Conservationist cc: William E. Austin Allan Connell Attachment -4- ® s � FOREWORD The annual soil survey work planning conference was held May 11, 1972 in Tallahassee. The purpose was to inform the users of soil survey information on the status of the soil survey program in Florida and to determine the uses and priorities of the various State agencies for soil surveys in the future. This would be used i•n the development of a long range plan for completing The Soil Survey of Florida. Representatives of eight State agencies present at the conference expressed their pressing need fdr soil survey information. It was the consensus of the group that more rapid progress must be made if the State is to have the benefit of basic soil survey information before costly and irreversible land use decisions are made. As a result of this planning conference, another meeting was called by the Florida Department of Agriculture and Consumer Services on June 21 in the Capitol Building. The purpose was to again bring together the Soil Conservation Service and Florida Agricultural Experiment Stations - those responsible for making the soil surveys - and the various State agencies that are among the primary users to discuss and coordinate plans for expediting the soil survey program. This group suggested that the State Conservationist representing the Soil Conservation Service, the Chairman of the Soil Science Department at the University of Florida representing the Experiment Stations, and the Chairman of the Soil and Water Conservation Advisory Council of the Department of Agriculture and Consumer Services representing the Commissioner of Agriculture, with the counsel of the State Planning Department and other State agencies, work up a detailed plan for completing the map- ping in the State. It was suggested that a Soil Survey Advisory Group, consisting of representatives from interested State and Federal agen- cies, be established to assist in setting priorities to complete the mapping of the State within the 10 -year -span. The following pages represent the combined thinking of the above mentioned agencies, and provide a detailed 10 -year program for com- pleting The Soil Survey of Florida. _ 5 4.4; PAGE-. a JUL 3 01990 JUL 3 01980 Booz 44 SPE IOO COPY OF THE 10 YEAR MASTER PLAN FOR ACCELERATING THE SOIL SURVEY OF FLORIDA IS ON FILE IN THE OFFICE OF THE CLERK.'"` MR. CARTER THEN GAVE A BRIEF EXPLANATION OF THIS PLAN AND URGED THE BOARDS CONSIDERATION AND PARTICIPATION IN SUCH A PLAN. HE THEN INTRODUCED BILL BONE AND SAM MCCOLLUM. SUBJECT. MR. BONE GAVE A SHORT SLIDE PRESENTATION REGARDING THIS MR. CARTER COMMENTED THAT THE SOIL & WATER CONSERVATION DISTRICT WAS HOPEFUL OF THE COUNTY'S PARTICIPATION, AS INDIAN RIVER IS THE ONLY COUNTY ON THE EAST COAST OF FLORIDA, FROM NASSAU TO DADE, THAT DOES NOT HAVE THIS MAP - EVEN THE COUNTIES TO THE WEST HAVE BEEN MAPPED. HE ADDED THAT THERE WOULD BE MANY BENEFITS FROM THIS MAP, AND IT SHOULD. BE THE MOST BASIC TOOL IN DEVELOPING A COMPREHENSIVE LAND USE PLAN. MR, CARTER ADVISED THAT THE COST WOULD BE ON A THREE- WAY SPLIT BETWEEN FEDERAL, STATE AND LOCAL AGENCIES, AND WOULD BE APPROXIMATELY $225,000. IN OTHER WORDS, THE COUNTY WOULD BE RESPON- SIBLE FOR ONE-THIRD, OR $75,000, OVER A PERIOD OF 4 YEARS; OR $18,750 A YEAR, OR 8� AN ACRE OVER THE 4 YEAR PERIOD. HE CONTINUED THAT FURNISHING OFFICE SPACE FOR THE SURVEYING TEAM COULD BE DONE AS AN IM -KIND SERVICE. MR. CARTER STRESSED THAT SOIL SURVEY INFORMATION IS SOMETIMES NEEDED TO PARTICIPATE IN CERTAIN TYPES OF FUNDING. HE ADDED THAT THEY WOULD CONTINUE TO WORK WITH THE COUNTY AS AN ADVISORY BOARD, AND ONCE THE SURVEY IS COMPLETED, THEY WOULD SPONSOR A SEMINAR FOR THE PROPER USE OF SUCH DATA. MR. MCCOLLUM STRESSED THAT HAVING A SOIL SURVEY WOULD BE VERY BENEFICIAL AND THE COUNTY SHOULD SERIOUSLY CONSIDER HAVING IT DONE. HE FELT IT IS MUCH CHEAPER TO KNOW WHAT THE PROBLEMS ARE IN THE BEGINNING OF A PROJECT, INSTEAD OF HAVING TO TRY TO CORRECT A PARTICULAR SOIL PROBLEM LATER. DISCUSSION FOLLOWED ABOUT WHERE THE SURVEY WOULD START AND IT WAS DETERMINED THE MOST INTENSE PRESSURE, AS FAR AS DEVELOPMENT WAS CONCERNED, WAS ON THE EAST ONE-THIRD OF THE COUNTY. MR. MCCOLLUM ADVISED THE AERIAL PHOTOGRAPHS OF INDIAN RIVER COUNTY WOULD COST $10,000. HE ADDED THAT A TOPOGRAPHIC MAP WOULD NOT BE SUFFICIENT AS THEY HAVE TO USE A CERTAIN SCALE PHOTOGRAPH AND QUALITY, WHICH IS STANDARDIZED THROUGHOUT THE COUNTRY. THE BOARD ALL AGREED THAT THIS SURVEY SHOULD BE DONE BUT THE PROBLEM IS MONEY. MR. CARTER ADVISED THAT ONCE THE COUNTY GIVES HIM THE APPROVAL, THEY ARE AT LEAST FIVE YEARS AWAY FROM GETTING THE SURVEY PUBLISHED. HE ADDED IT WOULD PROBABLY BE THE FIRST OF OCTOBER, 1981 BEFORE THE SURVEY STAFF IS AVAILABLE, AS COUNTIES ALL OVER THE STATE ARE CONSIDERING HAVING THIS DONE. COMMISSIONER LYONS THOUGHT THAT THE LONGER THIS IS PUT OFF, THE WORSE THE SITUATION IS GOING TO GET; THE COUNTY IS BEING SUBJECT TO GREATER DEVELOPMENT PRESSURE. $18,000 IN ORDER TO GET STARTED. HE FELT THE BOARD MUST FIND THE COMMISSIONER LOY ASKED MR. CARTER TO CHECK ON THE IN—KIND SERVICES, AS THIS INFORMATION WOULD BE HELPFUL TO THE BOARD, IN ORDER TO GET STARTED ON THE SOIL SURVEY. HOUSING FINANCE AUTHORITY REPLACEMENT CHAIRMAN SIEBERT STATED THAT THERE WILL BE A RECOMMENDATION AT THE NEXT MEETING FOR THE APPOINTMENT TO THE HOUSING FINANCE AUTHORITY OF INDIAN RIVER COUNTY, FLORIDA, TO REPLACE GENE HARRIS. OUT—OF—COUNTY TRAVEL — LEE NUZIE ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED OUT—OF—COUNTY TRAVEL FOR LEE NUZIE TO ATTEND AN ADVANCE MANAGEMENT WORKSHOP SCHEDULED AT WILDWOOD, FLORIDA ON AUGUST 5, 6, AND 7, 1980. TAX CERTIFICATE SALE REFUND THE BOARD NEXT DISCUSSED THE REFUND OF EXCESS FUNDS FROM TAX CERTIFICATE SALE TO MARIE J. BUCKLE, AS INDICATED IN THE FOLLOWING LETTER: BOOK .44 pAuc 101 JUL 3 01980 - 7 - JUL 3 01990 aoa 44 FAcE 102 EDGAR V. MUCKLE: 6001 MOSS RANCH ROAD MIAMI. FLORMA ZZIUG Mrs. Freda Wright Clerk of Clw'oipit C:t�i,rt U. V. Box 1028 Vero .tach, Florida 32960 Dear ;firs W Qht 3 Property formally owned by rate, in Pine Tree Park Unit No 4, Lot !6, Block H, was sold for delinquent taxes on February 28 P I 978. T understand that the selling price 9tias 3560, and that 3 am entitled to excess Knds.:, Plos,se provide me with an accounting of the excess funds and advise as to how 1 MM Y '.. apply for theca?. Very truly youro s Marie 3 Buckle r e57— 74?" ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESOU THE BOARD UNANIMOUSLY ADOPTED RESOLUTION No. 80-72 AUTHORIZING THE PAYMENT OF $416.00 EXCESS FUNDS, RESULTING FROM THE SALE OF TAX CERTIFICATE #1225, TO EDGAR V. AND MARIE A BUCKLE. r—� RESOLUTION NO. 80 - 72 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that, pursuant to Florida Statute 197.291, it authorizes the appropriate officials to pay excess funds in the amount of Four Hundred Sixteen Dollars ($416.00) to MARIE AND EDGAR BUCKLE, said surplus resulting from the sale on February 21, 1978 representing Certificate No. 1225. Said Resolution shall become effective as of the 30 day of July , 1980. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ji By t Will iam Siebert, Jr. Chairman ATTEST: Freda Wrig t, Clk $ooA 44 PAGE 03 JUL 3 01980 - I r JUL 3 01980 mox - . 44, w 104 DISCUSSION OF REVISIONS TO AGREEMENT AND ORDINANCE TO THE SOUTH INDIAN RIVER COUNT FIRE DISTRICT CHAIRMAN SIEBERT ANNOUNCED THAT IN REGARD TO THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT, ATTORNEY SOVIERO HAS PREPARED THE PROPOSED ORDINANCE, AND MODIFICATIONS TO THE AGREEMENT WERE PREPARED BY WAYNE MCDONOUGH, ACTING CITY ATTORNEY. ATTORNEY SOVIERO REFERRED TO CHANGES ON PAGE 3 IN THE AGREEMENT, WHICH REFERS TO THE ANNUAL RENTAL OF $3,640 PLUS AN ANNUAL ADJUSTMENT, BASED ON THE CONSUMER PRICE INDEX, TO BE PAID TO THE AIRPORT. ATTORNEY MCDONOUGH COMMENTED IT WAS THE INTENT THAT THE DISTRICT WOULD CONTRACT WITH THE CITY AND THE FIRE SERVICES WOULD BE DEFINED. HE ADDED THAT THEY WILL REVISE THE AGREEMENT TO READ THAT THE DISTRICT IS PROVIDING THE SERVICE. CITY MANAGER JOHN LITTLE STATED THAT THE DISTRICT CAN PAY THE CITY, AND THE CITY CAN PAY THE AIRPORT, AND IF THE FAA TELLS THE CITY THEY HAVE TO PROVIDE FIREFIGHTING SERVICES TO THE AIRPORT, THEN THE CITY COULD CONTRACT WITH THE DISTRICT FOR THAT STATION. HE ADDED THAT THERE WON `T BE ANY PROBLEM WITH THE DISTRICT MANNING THE STATION. ATTORNEY SOVIERO REFERRED TO THE NEXT REVISION AT THE TOP OF PAGE 3 CONCERNING THE RELOCATION OF THE DOWNTOWN SITE. HE ADDED THAT THE CITY AGREES THAT THE DOWNTOWN SITE WILL BE IN THE VICINITY OF 16TH STREET AND OLD DIXIE HIGHWAY. DISCUSSION WAS HELD ABOUT WHETHER OR NOT TO USE THE WORD CONTEMPLATE If OR ItAGREE,n AND IT WAS DECIDED TO LEAVE THE WORDING AS IT WAS. ATTORNEY SOVIERO NEXT DISCUSSED THE LOCATION OF THE SECOND PARCEL ON OSLO ROAD ON PAGE 3, LAST PARAGRAPH IN SUB -PARAGRAPH B. COMMISSIONER LYONS SUGGESTED SAYING "ONE PARCEL LOCATED IN THE OSLO ROAD AREA AND ONE PARCEL LOCATED IN -THE WINTER BEACH AREA." ATTORNEY SOVIERO REFERRED TO THE TOP OF PAGE 4 AND WANTED TO ELABORATE A BIT ON THE USE OF THE LEASED PROPERTY AND SUGGESTED IT READ "AND USES THE LEASED PROPERTY FOR FIRE PROTECTION AND RELATED SERVICES, INCLUDING BUT NOT LIMITED T0, RESCUE SERVICES." COMMISSIONER LYONS COMMENTED ABOUT AMBULANCE AND RESCUE SERVICES AND NOTED IT MIGHT BE POSSIBLE THAT THE VOLUNTEER AMBULANCE SQUAD COULD EXPAND TO THE OSLO AREA. TO." MAYOR SCURLOCK NOTED THAT THE KEY IS THE PHRASE "NOT LIMITED ATTORNEY SOVIERO COMMENTED THAT THEY TRIED TO USE THE BROADEST LANGUAGE FOR FIRE PROTECTION AND RELATED SERVICES. IT WAS AGREED NOT TO CHANGE THE WORDING. ATTORNEY SOVIERO REFERRED TO PAGE 4, LAST PARAGRAPH IN . SECTION 6, AND NOTED THAT BASICALLY THIS IS GIVING THE DISTRICT THE AUTHORITY TO ACCEPT CONVEYANCES - THIS INDICATION WAS NOT IN THE LAST AGREEMENT. ATTORNEY MCDONOUGH REVIEWED EXHIBIT A. CITY FINANCE DIRECTOR NASON ADVISED THAT THE ASTERISKS IN EXHIBIT A INDICATE THE VEHICLES ARE FROM VOLUNTEERS; THEY NOW HAVE TENTATIVE APPROVAL FROM BASLOW- HENTSCHEL MOTORS REGARDING LEASED CARS. ATTORNEY SOVIERO REFERRED TO SECTION 7 ON PAGE 4 STATING THAT THE DISTRICT SHALL NOT PAY FOR SPECIALIZED EQUIPMENT. DISCUSSION FOLLOWED ABOUT THE PROPER WORDING FOR THIS SECTION, AND THE QUESTION WAS RAISED ABOUT WHERE THE MONEY WAS GOING TO COME FROM TO PAY FOR THE EQUIPMENT. MR. LITTLE SUGGESTED THAT THE LAWYERS CONTEMPLATE THE FACT THAT THE DISTRICT SHALL BE REIMBURSED FOR EXPENSES UNIQUE TO THE AIRPORT OR TO AIRCRAFT OPERATIONS, AND THE CITY WILL BUDGET THAT COST TO THE AIRPORT BUDGET AS A DIRECT PAYMENT FROM THAT FUND TO THE FIRE DISTRICT. RICHARD M. KELTON, OF SOUTHERN-KELTON & ASSOCIATES, INC., STATED THAT THE DISTRICT SHOULD BE REIMBURSED BY THE CITY. HE THEN STATED THAT NO LEASEHOLD AT THE VERO BEACH AIRPORT WILL PAY AD VALOREM TO THE CITY OR THE COUNTY; THEY WILL PAY AN INTANGIBLE TAX THAT WILL BE PAID TO THE SCHOOL BOARD. MR. KELTON SAID ALL THEY CAN DO IS ADD IT TO THE RENT. BASED ON THAT INFORMATION, IT INDICATED TO MR. LITTLE THAT THE AIRPORT OUGHT TO MAKE SOME SORT OF PAYMENT. HE ADDED THAT THERE ARE FUNDS IN THE AIRPORT BUDGET. JUL 3 01980 - 10 - BOOK 44 PAGE I� L �� JUL 3 01980 80°g 44 ;%GJ96 MAYOR SCURLOCK THOUGHT THIS WOULD BE A PROPER THING FOR THE AD HOC COMMITTEE TO DISCUSS. HE CONTINUED THAT IT LSSA SEPARATE���I ENTITY, SO HE WOULD HAVE NO PROBLEM WITH THE AIRPORT PAYING A REASONABLE AMOUNT. MR. LITTLE INTERJECTED THAT THE AD HOC COMMITTEE CAN WRITE TO THE AIRPORT DIRECTOR, AND THE COMMITTEE CAN COME UP WITH A RECOMMENDATION AS TO WHAT THE TRANSFER PAYMENT OUGHT TO BE, ATTORNEY SOVIERO REFERRED TO SECTION 6 ON PAGE 4 AND CLARIFIED THAT THE CONVEYANCE OF THE EQUIPMENT WOULD BE FREE OF CHARGE TO THE DISTRICT. HE SUGGESTED NOT HAVING A LIST OF ALL THE PERSONAL PROPERTY, BUT RATHER THAT THE AD HOC COMMITTEE COULD ACQUIRE THAT LIST AND IT COULD BE CONVEYED TO THE DISTRICT WITHOUT CHARGE - IN OTHER WORDS, JUST A GENERAL PROVISION FOR CLARIFICATION. CHAIRMAN SIEBERT AGREED THAT JUST A SENTENCE OF INTENT WOULD BE SUFFICIENT, AND ATTORNEY COLLINS FELT THAT SENTENCE COULD BE ADDED ON EXHIBIT A. ATTORNEY SOVIERO NOTED THAT SECTION F, PAGE 5 REGARDING THE PENSION PLAN,HAS BEEN CHANGED SOMEWHAT. MR. NASON EXPLAINED THAT THE CITY MUST CONTINUE TO OVERSEE THE PENSION PLAN, AND THE MAYOR WILL STILL BE THE PERSON WHO REVIEWS THE PLAN - THE LIABILITY STAYS WITH THE CITY. ATTORNEY MCDONOUGH COMMENTED THAT THE STIPULATION GIVING PREFERENCE TO CITY EMPLOYEES WILL BE CHANGED AND ADDED TO THE AGREEMENT. DISCUSSION FOLLOWED ABOUT ADMINISTRATIVE HEARINGS, AND TERMINATION OF EMPLOYEES. MAYOR SCURLOCK FELT THE TERMINATION OF EMPLOYEES WOULD BE PART OF THE CITY'S ONGOING SERVICE. ATTORNEY MCDONOUGH EXPLAINED THAT ADMINISTRATIVE HEARINGS WOULD BE THE TYPE THAT WOULD REQUIRE ATTENDANCE IN TALLAHASSEE OR ORLANDO FOR SOME TYPE OF ELABORATE HEARING. ATTORNEY COLLINS SUGGESTED STATING "EXCLUDING EMPLOYMENT RELATED MATTERS �� AND COMMENTED THAT HE WOULD LIKE TO SEE THAT WORDING ADDED. MAYOR SCURLOCK INTERJECTED HE WOULD LIKE TO LEAVE THE PHRASE THE WAY IT WAS. CHAIRMAN SIEBERT AGREED, AND COMMENTED IF THERE WAS A DISPUTE, IT COULD BE SETTLED WITH THE TAPE OF THIS MEETING. COMMISSIONER LOY NOTED THAT THE CITY IS GOING TO CONTINUE TO DO ALL THEIR NORMAL THINGS, AND ANYTHING OVER AND ABOVE THAT .MOULD BE AN AUTHORIZED EXPENSE. ATTORNEY COLLINS SUGGESTED ADDING "EXTRAORDINARY" IN FRONT OF THE WORD "ADMINISTRATIVE." ATTORNEY SOVIERO REFERRED TO PAGE 6, ITEM 9, WHERE THE NUMBER OF STATIONS AND CHARGES WERE ELABORATED. CHAIRMAN SIEBERT NOTED THAT CHARGES WILL BE REVIEWED ANNUALLY BY THE CITY, AND THAT A PHRASE HAS BEEN DELETED. MR. LITTLE SUGGESTED ADDING "FOR THE ACTUAL COST OF" AFTER THE WORD "DISTRICT" IN THE SECOND LINE OF SECTION 91 PAGE 61 IN ORDER TO TAKE CARE OF THIS OMISSION. MAYOR SCURLOCK REFERRED TO SECTION 12 ON PAGE 7 CONCERNING A RECALL PROVISION IN THE DISSOLUTION OF THE DISTRICT. HE THOUGHT IT WOULD MAKE THE VOTERS IN THE DISTRICT FEEL MORE COMFORTABLE IF THEY HAD A VEHICLE TO MAKE THEIR DISPLEASURE KNOWN, AND HAVE A WAY TO TAKE IT TO THE COUNTY COMMISSION. DISCUSSION FOLLOWED ALONG THOSE LINES. ATTORNEY MCDONOUGH NOTED THE WORDING COULD CLARIFY THAT 25% OF THE QUALIFIED VOTERS IN THE DISTRICT WOULD HAVE TO SIGN A PEITITION IN ORDER TO HAVE A PUBLIC HEARING CONCERNING DISSOLUTION OF THE FIRE DISTRICT. ATTORNEY SOVIERO NOTED THAT TO BRING INDIAN RIVER SHORES INTO THE FIRE DISTRICT, THERE MUST BE A REFERENDUM ELECTION; THE OTHER OPTION WOULD BE TO CREATE A DISTRICT THERE. MR. KELTON ADVISED THAT TO CREATE A SEPARATE DISTRICT, THE GOVERNING BODY WOULD HAVE THE POWER OF MERGING TWO DISTRICTS. COMMISSIONER Loy STATED THAT THE BOARD HAD TWO ALTERNATIVES: THE SECOND ONE WOULD BE LESS EXPENSIVE AND EASIER TO ACCOMPLISH - THE DISTRICT COULD BE ENLARGED. - 12 - bax. '107 r' mot 44. ful 448 MR. KELTON REPORTED THAT IF THAT WAS DONE, THE BOARD WOULD HAVE TO AMEND THE AGREEMENT WITH THE CITY OF VERO BEACH, CHAIRMAN SIEBERT MENTIONED THAT THE BOARD WAS IN RECEIPT OF THE MAYOR'S LETTER FOR SERVICES, AND IT HAS BEEN DISCUSSED AT.'THEE AD HOC MEETING. HE ADDED THAT THEY DO NOT HAVE TIME TO NEGOTIATE IT NOW BUT WILL BE PURSUING THE SERVICES WITH INDIAN RIVER SHORES. COMMISSIONER LOY SUGGESTED THAT ON PAGE 2, PARAGRAPH 4, THE WORD "CHAIRPERSON" BE CHANGED TO "CHAIRMAN." ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY APPROVED THE AGREEMENT, AS PRESENTED AND CHANGED, WITH THE CITY OF VERO BEACH AND INDIAN r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® BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Nch in Indian River County, Florida; that the attached copy of advertisement, being a in the matter of _ _-�x� in the Court, was pub- lished in said newspaper in the issues of c= Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this —r day of„' - A. D. �c (SEAL) (Clerk of the Circuit (Business Manager) n River County, Florida) NOTICE NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Indian River County, Florida, will' hold a public hearing on July 30, 1980, at 9:30 A.M. in the City Council Chambers in the Vero Beach City Hall to consider the adoption of AN ORDINANCE CREATING THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT THROUGH REFERENDUM ELECTION; AN INDEPENDENT 'SPECIAL DISTRICT AS AUTHORIZED BY CHAPTERS 125 and 165, FLORIDA STATUTES; DEFINING THE BOUNDARIES THEREOF; AUTHORIZING THE SAID FIRE DISTRICT TO ASSUME CERTAIN FIRE PREVENTION AND CONTROL RESPONSIBILITIES AT PRESENT VESTED JOINTLY IN THE BOARD OF COUNTY COMMISSIONERS FOR INDIAN RIVER COUNTY AND THE CITY OF VERO BEACH SITUATE WITHIN THE BOUNDARIES OF THE SAID TAXING UNIT; PROVIDING FOR THE AP- POINTMENT OF A DISTRICT BOARD OF FIRE COMMISSIONERS TO BE COM_ PRISED -.OF THE BOARD OF COUNTY_ COMMISSIONERS OF INDIAN RIVER COUNTY; SPECIFYING THE RIGHTS AND DUTIES OF THE SAID DISTRICT BOARD OF FIRE COMMISSIONERS; CREATING AN ADVISORY COMMITTEE TO ASSIST THE SAID DISTRICT BOARD OF FIRE COM- MISSIONERS; AND SPECIFYING THE RIGHTS AND DUTIES OF THE SAID AD- VISORY COMMITTEE TO PROVIDE FOR THE BORROWING AND EXPENDING OF MONIES, ISSUANCE OF BONDS, REVENUE CERTIFICATES AND OTHER EVIDENCE OF INDEBTEDNESS; AUTHORIZING THE LEVY AND COLLECTION OF A TAX BY THE SAID FIRE DISTRICT FOR THE SUPPORT THEREOF AND NOT TO EX- CEED A MILLAGE RATE TO BE DETER- MINED AT THE PUBLIC HEARING OF JULY 30, 1980, BY THE BOARD OF COUNTY - COMMISSIONERS UPON THE ASSESSED VALUATION OF ALL REAL AND TANGIBLE PROPERTY WITHIN THE BOUNDARIES THEREOF AS PROVIDED BY ARTICLE VII SECTION 9 OF THE FLORIDA CONSTITUTION: PROVIDING FOR THE ADOPTION OF A BUDGET AND ASSESSMENT: AND PROVIDING AN EF- FECTIVE DATE. BOARD OF COUNTY COM -I MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA -s-Willard W. Siebert, Jr. July 8, 1980. THE CHAIRMAN ASKED IF ANY ONE PRESENT WISHED TO BE HEARD. HEPBURN WALKER, ST. CHRISTOPHER BEACH, APPROACHED THE BOARD AND STATED THAT HE WAS IN FAVOR OF THE FIRE DISTRICT AND SUGGESTED THAT THE MILLAGE CAP BE MENTIONED. ATTORNEY COLLINS EXPLAINED THAT THE PROPOSAL MENTIONING THE MILLAGE CAP WOULD BE INCLUDED, AND THAT THE BALLOT WOULD READ 11FORTHE PROPOSAL, OR AGAINST THE PROPOSAL.” Box: 44,_� PAGE 10R JUL 301980 - 14 - �' JUL 3 01980 BOOK 44 PAGE -11-0 WILLIAM KOOLAGE, SIS 26TH AVENUE, CAME BEFORE THE BOARD AND COMMENTED THAT THIS FIRE DISTRICT IS A VERY BIG STEP FORWARD, AND HE WAS GLAD TO SEE IT. HE FELT THERE WOULD BE A FEELING OF CONFIDENCE FOR THE PUBLIC TO KNOW WHAT THE MILLAGE CAP WOULD BE, AS HE THOUGHT MOST PEOPLE WOULD NOT READ THE DETAIL IN THE PROPOSAL MENTIONING THIS FACT. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 80-32, WITH A 3 MILL CAP, AS PRESENTED AND AMENDED. ORDINANCE NO. 80-32 AN ORDINANCE CREATING THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT THROUGH REFERENDUM ELECTION; - AN INDEPENDENT SPECIAL DISTRICT AS AUTHORIZED BY CHAPTERS 125 and 165, FLORIDA STATUTES; DEFINING THE BOUNDARIES THEREOF; AUTHORIZING THE SAID FIRE DISTRICT TO ASSUME CERTAIN FIRE PREVENTION AND CONTROL RESPONSIBILITIES AT PRESENT VESTED JOINTLY IN THE BOARD OF COUNTY COMMISSIONERS FOR INDIAN RIVER COUNTY AND THE CITY OF VERO BEACH SITUATED WITHIN THE BOUNDARIES OF THE SAID TAXING UNIT; PROVIDING FOR THE APPOINTMENT OF A DISTRICT BOARD OF FIRE COMMISSIONERS TO BE COMPRISED OF THE BOARD OF COUNTY COMMISSIONERS OF INDIPN RIVER COUNTY; SPECIFYING THE RIGHTS AND DUTIES OF THE SAID DISTRICT BOARD OF FIRE COMMISSIONERS; CREATING AN ADVISORY COMMITTEE TO ASSIST THE SAID DISTRICT BOARD OF FIRE COMMISSIONERS; AND SPECIFYING THE RIGHTS AND DUTIES OF THE SAID ADVISORY COMMITTEE; TO PROVIDE FOR THE BORROWING AND EXPENDING OF MONIES, ISSUANCE OF BONDS, REVENUE CERTIFICATES AND OTHER EVIDENCE OF INDEBTEDNESS; AUTHORIZING THE LEVY AND COLLECTION OF A TAX BY THE SAID FIRE DISTRICT FOR THE SUPPORT THEREOF AND NOT TO EXCEED A MILLAGE RATE TO BE DETERMINED AT THE PUBLIC HEARING OF JULY 30, 1980 BY THE BOARD OF COUNTY COMMISSIONERS UPON THE ASSESSED VALUATION OF ALL REAL AND TANGIBLE PROPERTY WITHIN THE BOUNDARIES THEREOF AS PROVIDED BY ARTICLE VII SECTION 9 OF THE FLORIDA CONSTITUTION; PROVIDING FOR THE ADOPTION OF A BUDGET AND ASSESSMENT; AND PROVIDING Ali EFFECTIVE DATE. WHEREAS, It is the findings of the Board of County Commis- sioners of Indian River County that there exists a critical need for a uniform and adequate plan of fire prevention and control within the southern part of the said County and the North Beach area, as such geographical area is hereinafter defined, and that the creation of a Special District is the best alternative for delivering the service; and WHEREAS, the County is creating a County -wide fire protection system of which the special district, herein created and established, and the rights accruing to the County from those agreements dated November 5, 1975, and January 5, 1977, between the County and Indian River Shores, Florida, shall be an integral part; and WHEREAS, the City Council of the City of Vero.Beach has expressed its desire to the Board of County Commissioners to join with it so as to create a Special Fire District within the southern part of the aforesaid County, and the North Beach area and the corporate limits of the said municipality and has further agreed _ aoo�c 44 .; Fac�;�.l�. • JUL 3 01980 JUL 3 0'1980 Box 44 PAGE112 to express their intent by ordinance that, if such a District should be created, all fire related equipment owned by said municipality will be leased or deeded to the Fire District upon mutually agreeable terms and any fire stations would be leased or deeded to the District upon mutually agreeable terms; and WHEREAS, the City Council of the City of Vero Beach and Indian River County have expressed their intention to enter into an agreement regarding the creation, operation and possible dissolution of the said South County Fire District, and to further provide for matters connected therewith; and WHEREAS, the Board of County Commissioners finds that such a Special Fire District would do much to alleviate the critical need for adequate fire prevention and protection of unincorporated areas of the southern part of Indian River County and North Beach area, while not reducing the current level of such prevention and protection services available to residents of the City of Vero Beach; and WHEREAS, pursuant to Section 125.01 (5)(a), Florida Statutes (1979) and Section 165.041 (2) and Section 165.061 (3), Florida Statutes (1979), the Board of County Commissioners is vested with the power to create Special Districts for unincorporated areas of the County and for incorporated municipalities within such areas, provided that the affected municipal governing board approves such creation by ordinance; and WHEREAS, the City Council of the City of Vero Beach shall, by ordinance duly enacted, approve the formation of the district described herein; and WHEREAS, the governing board of said Special District will be comprised of the Board of County Commissioners of Indian River County; and WHEREAS, it is the intention of the Indian River County Board of County Commissioners and the City of Vero Beach to create a Special District with all the rights and priviledges as provided by general and special law as amended, including but not limited to the power and authority to borrow and expend money and issue bonds, revenue certificates and other evidence of indebtedness, -2- M M and it is the further intention that said Special District will exist separate and apart from the Indian River County Board of County Commissioners and the City of Vero Beach as a separate and distinct public body corporate & politic and be entitled to sue and be sued in its own name, and the District shall avail itself of recovery limits for liability as provided in Chapter 95, Florida Statutes (1979), as from time to time amended; further that the District shall have the power to purchase, receive, lease, or otherwise acquire real and/or personal property, to make contracts and incur legal liabilities, and to levy an ad valorem tax, and generally to transact all lawful business and exercise all lawful powers to effect the purpose of the formation of the said District as provided by law, as from time to time amended. WHEREAS, pursuant to Section 9(a) and (b), Article VII, of the Florida Constitution of 1968, as amended, and Section 125.01 (5)(c), and Chapter 218, Part 3, Florida Statutes (1979), the Special District is authorized, upon the approval of the voters within said Special District in a referendum election to levy and collect an ad valorem tax or special assessment upon real and tangible property within the boundaries of such a Special District for the support thereof in the manner provided herein and by general law; NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: 1. Section 1. A new Ordinance of the Code of Ordinances of Indian River County, Florida, to be designated as Chapter 21, Article XI, is hereby adopted as follows: ARTICLE XI SECTION 21- . Creation of Special District. There is hereby created the South Indian River County Fire District, a Special District, pursuant to the authority granted this Board of County Commissioners under the provisions of Section 125.01 (5) (a) , (b) and (c), Florida Statutes (1979) and Section 165.041 (2) and Section 165.061 (3), Florida Statutes (1979). The boundary of the said South Indian River County Fire District, hereinafter referred to as the "District", shall include the City of Vero Beach -3- JUL 3 01980 44 FA6E`W e« r Box' 44 �cE,i�.4 .JUL 3 01990 and those unincorporated areas of the southern part of Indian River County and the North Beach area according to the following description: All of the Township 30 South and Township 31 South lying East of the West bank of the Indian River, excepting all lands lying within the Town of Orchid and the Town of Indian River Shores; said lands all located and limited to Indian River County, Florida; and all of Township 32 South and 33 South lying East of Interstate Highway 95 excluding the Town of Indian River Shores and including the municipal boundaries of the City of Vero Beach; said lands all located in and limited to Indian River County, Florida. SECTIO14 21- Referendum Election Required. Notwithstanding any provision to the contrary herein, this Ordinance shall not take effect until a referendum election shall have been held wherein the voters residing within the said Fire District have authorized an ad valorem tax not in excess of 3 mill by the governing board of the said District upon all real and tangible personal property within the boundaries thereof and for its support, pursuant to Section 9 (b), Article VII of the Florida Constitution of 1968, as amended, and Section 125.01 (5)(c), Florida Statutes (1979). Such election shall be held on September 9, 1980. SECTION 21- Board of Fire Commissioners; Method of Appointment; Duties. Pursuant to Chapter 125.01 (5)(b), Florida Statutes (1979), the governing body of the Special District shall be comprised of the Board of County Commissioners of Indian River County who shall be referred to as the District Board of Fire Commis- sioners. The chairman of the Board of County Commissioners will serve as the chairman of the District Board of Fire Commissioners, and the vice-chairman of the Board of County Commissioners will serve as the vice-chairman of the District Board of Fire Commissioners. The said District Board of Fire Commissioners shall have the customary and reasonable powers of any governing board of a Special District vested with control of a fire department. In accordance with applicable State Statutes and rules and in accordance with applicable County Ordinances and rules, as now exists and from! time to time amended, the District Board of Fire Commissioners shall enjoy the specific authority to establish a uniform plan of fire protection and control, coordinating said plan as an integral _ M M part of the County-11ide Fire Protection System of which this Ordinance is a part. The District Board of Fire Commissioners shall establish standards and policies, coordinate with local emergency ambulance and rescue services, for paid and/or volunteer fire -fighting and rescue forces, including the size and leadership thereof; purchase, lease, accept by gift or otherwise, construct and dispose of facilities and equipment; hire and fire personnel; establish personnel and operating policies; develop emergency and catastrophic plans of action; develop training and fire prevention plans, employ professional personnel; borrow and expend money and issue bonds, revenue certificates and other obligations of indebtedness as may be allowed by law both now and in the future; to exercise the power of eminent domain and to share absolute fee title to all property so taken, which title shall vest in said Special District unless the Special District seeks to condemn a particular right or estate in such property; coordinate activities with existing volunteer organizations and promote the development and operation of volunteer fire fighting organizations within the District through an Advisory Committee, for the purpose of providing for the safety and protection of the residents of the said Fire District. The Fire District may joint venture within the County for the purpose of improving overall fire protection with the County -Wide System. The City of Vero Beach is hereby specifically empowered and authorized by the said District Board of Fire Commissioners to perform all administrative activities and functions for said Special District and to otherwise perform the day-to-day activities involved in the administration of said Special District for a period of 5 years unless extended by the recommendation of the South County Fire District Advisory Committee and upon the approval of the District Board of Fire Commis- sioners. SECTION 21- South County Fire District Advisory Committee; Method of Appointment; Duties. There is hereby created a seven member South County Fire District Advisory Committee which shall be comprised of the chairman and vice-chairman of the Board of County Commissioners of Indian River County; the Mayor and Assistant Mayor of the City Council of the City of Vero Beach, said chairman E115 JUL 301980s� r � ..JUL 3 01900 am 44 PAGE 116 and vice-chairman, Mayor and Assistant Mayor may appear at the South County Fire District Advisory Committee by and through a designated representative having the same power and duties as those of the said chairman, vice-chairman, Mayor and Assistant Mayor-, and two members from the public at large; one member to be appointed by the Indian River County Board of County Commissioners for a term of one year, and one member to be appointed by the City Council of the City of Vero Beach for a term of one year, and one member who shall be the then President of the Vero Beach Volunteer Fire Department, Inc. A quorum for said South County Fire District Advisory Committee shall consist of four members present and a simple majority of those members present and voting shall be sufficient to conduct its business. The South County Fire District Advisory Committee shall meet not less than quarterly and as directed by the chairman of the South County Fire District Advisory Committee and as from time to time directed by the District Board of Fire Commissioners. At the initial meeting thereof and annually thereafter the South County Fire District Advisory Committee shall meet, and organize, electing a chairman and vice-chairman. The said South County Fire District Advisory Committee shall have advisory powers only, and shall be responsible to the District Board of Fire Commissioners. The South County Fire District Advisory Committee shall advise the District Board of Fire Commissioners on the implementation, operation, financing, budget, maintenance, personnel, capital improve- ments, and all other matters as directed by the District Board of Fire Commissioners and other matters essential to the effective functioning of said South County Fire District. The South County Fire District Advisory Committee is specifically authorized to prepare and recommend a proposed budget for the operation of the said South County Fire District, said budget to be prepared and submitted in accordance with Florida Statutes 129 and 218 (1979), as from time to time amended. The South County Fire District Advisory Committee is further authorized to recommend to the District Board of Fire Commissioners agreements relating to the transfer and leasing of the facilities and properties and relating to all other aspects of the South County Fire District not specifically provided for in this Ordinance. SECTION 21- Levy of Taxes, Budget Adoption. The Board of County Commissioners is hereby authorized and empowered to levy annually an ad valorem tax against all real and tangible personal property included within the District not to exceed 3 mill. For the purpose of this tax levy the assessment roll, as prepared by the County Property Appraiser and equalized by the Property Appraisal Adjustment Board, shall be adopted and used. Each year the governing body of the District, after receiving the recommendations of the Advisory Committee, shall prepare and adopt a budget and shall, by resolution and/or ordinance, fix the rate of the tax.and levy the same, forwarding to the County Property Appraiser and the County Tax Collector certified copies thereof, all as provided by law. The tax shall be included upon the tax notices issued by the County Tax Collector and the tax shall be collected with the County taxes, in the same manner, wherever practi- cable, as provided by law for the collection of County ad valorem taxes, including the sale of tax certificates for which purpose the District tax shall be included with the County tax. The County Tax Collector shall forward to the governing body of the District, taxes collected at the same time and in the same manner as provided for the payment of County taxes by the County Tax Collector to the Board. The County Property Appraiser and the County Tax Collector shall be entitled to payment for their services in connection with the collection of the taxes, as provided by law. The budget, as above described, shall contain all of the estimated costs of providing fire protection and control services within the boundaries of the District, as authorized by this ordinance and as approved by the governing body of the District. Money obtained through the levy and collection of ad valorem taxes on all real and tangible personal property within the boundaries of the District, as provided in this Section, shall be maintained in special accounts in the name of the District by the governing body thereof for the purpose of providing fire protection and control services within the boundaries of the District or, if approved by subsequent referenda other than the referendum provided herein, for the purpose of paying the principal of, premium, if any, and interest on the bonds of the District. -7- JUL 3 0 1980 acs 444 F�f X17: JUL 3 0 19 80 Booz 44 FACE 118 SECTION 21- Transfer Provisos. All property and equipment held by the various volunteer organizations and' -the City of Vero Beach may be deeded or leased or otherwise transferred to Fire District. Any liens outstanding at the time of the transfer will be assumed by the Fire District, to be paid from funds derived from the taxes collected pursuant to this Ordinance. In addition, the volunteer organizations and the City of Vero Beach shall lease or convey the various fire stations to the Fire District upon mutually acceptable terms. Furthermore, the aforementioned transfer will be subject to the existing labor agreements between the City of Vero Beach and the local 2201 of the International Association of Fire Fighters. SECTION 21- Authorization to Tssue Bonds. As an alternative means of financing the cost of fire prevention and control capital projects, the District Board of Fire Commissioners is authorized to issue special assessment or general obligation bonds from time to time (the "Obligations"). Such Obligations may be issued in coupon form or fully registered form, and may be in such denomination or denominations, bear interest at such rate or rates and shall mature at such time or times not exceeding 50 years from their date or dates as may be determined by the governing body of the District. The Obligations may be made redeemable before maturity, at the option of the governing body of the District, at such price or prices and under such terms and conditions as may be fixed by the governing body of the District prior to their issuance. The governing body of the District shall determine the place or places of payment of the principal of and interest on the Obligations which may be at any bank or trust company within or without the state. The Obligations shall be signed either by manual or facsimile signatures of the chairman and clerk of the governing body of the District, provided that such Obligations shall bear at least one signature which is manually executed thereon. The coupons attached to such Obligations, if any, shall bear the facsimile signature or signatures of such officer or officers as shall be designated by the governing body of the District. The Obligations stall have the seal of the District affixed, imprinted, -8- reproduced or lithographed thereon, all as may be prescribed in the resolution or resolutions authorizing the issuance thereof. The Obligations may be sold at public or private sale at such price or prices as the governing body of the District shall determine to be in its best interest, provided that such price shall be not less than 95% of the par value of the Obligations sold. SECTION 21- Security for Bonds. The principal of and interest on any Obligations issued hereunder may be payable from special assessments levied against the property 'specially . benefited by the acquisition, construction, improvement or equip- ment of the projects, provided, however, such special assessments shall never exceed the amount by which such property is determined to be benefited. ' Alternatively, the principal of and interest on any Obliga- tions issued hereunder may be payable from ad valorem taxes levied within the District, without limitation as to rate or amount or with such limitations as may be fixed by the governing body of the District, after the issuance of such Obligations has been approved at a bond referendum duly called and held as provided by law. SECTION 21- Incorporation of Certain Provisions of Chapter 170. The provisions of Chapter 170, Florida Statutes (1979), as amended and supplemented from time to time, with respect to the levy, collection and enforcement of collection of special assessments, to the extent not inconsistent with the provisions of this ordinance, are hereby incorporated herein by reference and made appplicable to the District the same as if it were a "munici- pality" as defined therein. Appropriate changes to the provisions of Chapter 170, Florida Statutes (1979), as incorporated herein, are hereby made to reflect the differences between municipal and District government. The District, however, shall not be required to let contracts for any projects before adoption of any resolution authorizing the issuance of Obligations. All special assessment rolls, plats, plans and specification, cost estimates and records of the names and addresses of the owners of property to be assessed may be prepared, kept and/or maintained by such office or officer of the County as may be specified by the governing body of the District from time to time. JUL 3 01980 -9- Bog 44. PAGE -119 JUL 301980 soap 44 -FACE 1.20 SECTION 21- Cost of Projects. The cost of the fire prevention and control capital projects may be deemed to include, but not be limited to, the cost of acquisition of sites; legal; engineering, fiscal, architectural fees and fees of any other experts or consultants employed by the District; engineering or architectural studies; preparation of surveys, plats, assessment rolls, plans and designs for the projects; capitalization of interest for a reasonable period after issuance of the Obligations; capitalization of reasonable debt service reserves for the payment of the Obligations; premiums for municipal bond insurance policies; the expense of the issuance, authorization and sale of the Obligations, including advertisements, notices and other proceedings in connection therewith; the discount on the sale of the Obligations, if any; and such other expenses as are necessary, incidental or appurtenant to the purposes authorized hereunder. SECTIO14 21 Refunding Bonds. The District may, pursuant to resolution duly adopted, issue obligations to refund any Obligations issued pursuant to the authority contained in this ordinance and provide for the rights of the holders hereof. Such refunding obligations may be issued in an amount sufficient to pay the principal of the outstanding Obligations; the interest due and payable on the outstanding Obligations to and including the first date upon which the outstanding Obligations shall be callable prior to maturity, the dates upon which the principal thereof shall mature, or any dates in between; the redemption premiums, if any; and any expenses of the issuance and sale of such refunding obligations. SECTION 21- Referendum. The Board of County Commissioners of Indian River County, Florida, does hereby authorize and direct the holding of a referendum in the Fire District as described herein the 9th day of September, 1980. Only those who are qualified electors in said Fire District on the day of the election shall be qualified to vote in the election. The question or Matter to be determined by said electors at such election shall be stated on the ballot used in said election as follows: Mark a cross (x) mark in the square at the RIGHT for the Proposal or against the Proposal. PROPOSAL Shall there be created a South Indian River County Fire District, which will be created in: All of the Township 30 South and Township 31 South lying East of the West bank of the Indian River, excepting all lands lying within the Town of Orchid and the Town of Indian River Shores; said lands all located and limited to Indian River County, Florida; and all of Township 32 South and 33 South lying East of Interstate Highway 95 excluding the Town of Indian River Shores and including the municipal boundaries of the City of Vero Beach; said lands all located in and limited to Indian River County, Florida. as provided by Ordinance No. 80-32 with authority to levy an ad valorem tax not to exceed 3 mill per annum on each dollar valuation of taxable property within said District to cover the expenses of creation, maintenance, operation and capital requirements of said District. AGAINST THE PROPOSAL Should the majority of the electors voting at such election vote for the creation of the Fire District and the tax levy and upon the certification of such results, this Ordinance shall immedi- ately become effective. Should the majority of the electors voting at such election vote against the creation of the Fire District and the tax levy and upon the certification of such results, this Ordinance and any agreements associated therewith shall become a nullity. SECTION 21- Repeal. Any Ordinances in conflict with this Ordinance are hereby repealed to the extent of such conf lict. SECTION 21- Severability. It is declared to be the intent of the Board of County Commissioners of Indian River County, Florida, that if any Section, Subsection, sentence, clause or provision of this Ordinance is held invalid, the remainder of the Ordinance shall be construed as not having contained said Section, Subsection, sentence, clause or provision, and shall not be affected by such holding. SECTION 21- Amendments. This Ordinance may be amended as provided by law. JUL 3 01980 -11- 44 PAGE 12�:�:' Z° T J U L 3 01980 BOOK 44 PAGE 12 kA SECTION 21- Effective Date. A certified copy of this Ordinance shall be filed in the office of.the Secretary of State by the Clerk to the Board of County Commissioners within ten days after adoption of this Ordinance, and shall take effect upon certification of the -referendum election results certifying that the majority of the electors voting at such election voted for the creation of the Fire Taxing District and the tax levy. ADOPTED this 30th dray of July , 1980. �-12- r CHAIRMAN SIEBERT ANNOUNCED THAT ITEM IS ON THE AGENDA REGARDING THE PRELIMINARY PLAT APPROVAL OF SAN SEBASTIAN PHASE I HAS BEEN POSTPONED UNTIL A LATER DATE. DEPUTY CLERK VIRGINIA HARGREAVES TOOK THE PLACE OF DEPUTY CLERK JANICE CALDWELL AT 11.:25 O'CLOCK A.M. FOR THE REMAINDER OF THE MEETING. INTRODUCTION OF E.O.C. EXECUTIVE DIRECTOR AND PRESIDENT OF E.O.C. BOARD OF DIRECTORS MS. MARGARINE PRIDE, PRESIDENT OF THE E.O.C. BOARD OF DIRECTORS, CAME BEFORE THE BOARD AND INTRODUCED HERSELF AND EXECU- TIVE DIRECTOR JOSEPH HEGARTY AND INFORMED THE BOARD THAT THEY ARE RELATIVELY NEW IN THESE POSITIONS. THEY BASICALLY WANTED TO COME AND OPEN UP COMMUNICATIONS BETWEEN THE E.O.C. AND THE COUNTY AND WORK TOGETHER FOR A BETTER COMMUNITY IN INDIAN RIVER COUNTY. MS. PRIDE INVITED THE BOARD MEMBERS TO ATTEND THE E.O.C. BOARD MEETINGS. MR. HEGARTY ECHOED MS. PRIDES SENTIMENTS. PUBLIC HEARING IN REGARD TO AN AMENDMENT OF FRANCHISE TO FLORIDA ATLANTIC ASSOCIATES FOR VILLAGE GREEN, PHASES II AND III - APPROVED THE HOUR OF 10:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT: W JUL 301980 �Q 44 FACE I""' JUL 301900 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being ayIr•Gt t in the matter of in the Court, was pub - fished in said newspaper in the issues of (J Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed before me this 4 ly day of_4 � A. D. i 7 e' (Business Manager) (SEAL) (Clerk of the Circuit Cour , ndian River County, Florida) Book 44 PAGE x:24 ! NOTICEWHEARING The Board of County Commissioners of Indian River County, Florida, will convene on ihe'30th day of July, 1980, at 10:00 a.m. in the Vero Beach City Council Chambers at the Vero Beach City Hall, Indian River County, Vero Beach, Florida, to consider granting an amendment to a Franchise to Florida Atlantic Associates. Said amendment to effect the delivery of water and sewer service to the following described property in Indian River County; Florida, to wit: The East 10 acres of tract 14, Section 31, Township 32 South, Range 39 East, Indian River Farms Company as recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida; now lying and being in Indian River County, Florida. Parties in interest and citizens will be heard by the Board at said Public Hearing. This 10th day of July, 1980. Board of County Commissioners Indian River County, Florida W.W. Siebert, Chairman July 16, 18, 1980. ATTORNEY COLLINS COMMENTED THAT THE LEGAL IS IN ORDER AS TO THE FRANCHISE AREA, HE STATED THAT HE HAD FELT THERE WAS SOME QUESTION RELATING TO ASSIGNMENT OF THE FRANCHISE, BUT APPARENTLY THEY ARE JUST ASKING THE BOARD TO CONSIDER EXTENSION OF THE FRANCHISE AREA. JIM YOUNG OF BEINDORF & ASSOCIATES CONFIRMED THAT THEY ARE SIMPLY REQUESTING THAT THE FRANCHISE AREA BE EXTENDED. HE EXPLAINED THAT THE REASON FOR THIS EXPANSION IS THAT WHEN PHASE III WAS BEING DEVELOPED THERE WAS AN AREA DESIGNATED FOR A TREATMENT PLANT PERCOLATION POND AREA. WHEN THE SOIL TESTS WERE TAKEN, IT WAS DETERMINED THAT THE PERCOLATION RATE WOULD NOT BE SATISFACTORY TO RENDER THE DESIRED TREATMENT. THEY, THEREFORE, HAD TO CHOOSE THE NEXT CLOSEST SPACE TO TREAT THE SEWAGE, AND THIS IS THE AREA THEY ARE REQUESTING BE INCLUDED IN THE FRANCHISE AREA. � � r ADMINISTRATOR JENNINGS ASKED IF THE TEN ACRES THEY ARE REQUESTING BE INCLUDED IN THE FRANCHISE AREA HAS BEEN TESTED, AND MR. YOUNG STATED THAT IT HAS BEEN TESTED AND APPROVED BY THE DER, CHAIRMAN SIEBERT ASKED IF THIS REQUEST COMES WITH A RECOMMENDATION OF APPROVAL FROM THE COUNTY STAFF. UTILITY DIRECTOR GEORGE LINER AND PERSONNEL DIRECTOR DONLON OF THE ADMINISTRATORS STAFF INDICATED THAT THIS REQUEST HAS BEEN REVIEWED AND APPROVED BY STAFF. COMMISSIONER LYONS ASKED IF IT IS SATISFACTORY FROM THE STANDPOINT OF OUR FRANCHISE PROCEDURE TO AMEND THE FRANCHISE IN THIS MANNER, AND ATTORNEY COLLINS STATED THAT IT IS. THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD. THERE WERE NONE. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-73 APPROVING AN AMENDMENT TO THE VILLAGE GREEN MATER AND SEWER FRANCHISE TO ALLOW THE INCLUSION OF THE AREA ADVERTISED. 30 JUL 3 0 1990 800k 44 PnE 125 N JUL 3 01990 6 RESOLUTION NO. 80-73 mox 44 PAGE 126 WHEREAS, this Board heretofore did grant a water and sewer franchise to Earl Groth and C. Reed Knight, said franchise being known as the Village Green Water and Sewer Franchise; and WHEREAS, said franchise was subsequently transferred and assigned to Florida Mobile Home Communities, Inc.; and WHEREAS, said franchise was subsequently transferred and assigned to Florida Atlantic Associates; and WHEREAS, a request was received for extension of the service area; and and WHEREAS, publication of a Notice of Public Hearing was duly made; WHEREAS, this Board did on July 30, 1980, hold a public hearing; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the water and sewer franchise, being Resolution No. 73-82, previously issued to Earl Groth and C. Reed Knight and subsequently transferred and assigned to Florida Mobile Home Communities, Inc., being Resolution No. 78-65, and subsequently transferred and assigned to Florida Atlantic Associates, being Resolution No. 80-33, be and the same is hereby amended as follows: 1. The service area of said franchise shall be extended to include the following -described property: The East 10 acres of Tract 14, Section 31, Township 32 South, Range 39 East, Indian River Farms Company as recorded in Plat Book 2, Page 25, Public Records of St. Lucie County, Florida; now lying and being in Indian River County, Florida. 2. THE MOBILE HOMES LOCATED WITHIN THE SERVICE AREA SHALL NEVER BE INDIVIDUALLY METERED DURING THE TERM OF THIS FRANCHISE. 3. The franchise and rights herein granted shall take effect and be in force from and after the time of the adoption of this resolution by the Board and shall continue in force and effect until such time as the County may install or acquire its own sewage collection and treatment system and/or water supply and distribution system and supplies the same to individual customers at which time, the owner will convey all of its water and/or sewer facilities (except for sewer treatment plant, water plant and plant sites) and easements for location of same as owners may own, free and clear of all liens or mortgages, to said County, without charge. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVE C UN LORIDA. 01 By W. W. Si Bert, Chairm16'an Ooor Attest:`, Freda Wright, Clerk) Adopted 7-30-80 Village Green Phases II and III GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA ACCEPTANCE The undersigned hereby accepts the foregoing Resolution and the franchise, transferred by this Resolution and for themselves, their succes- sors, and assigns, do hereby covenant and agree to comply with and abide by all of the items, conditions and provisions set forth in said franchise as amended. Dated this 15th day of August , 1980. FLORIDA ATLANTIC ASSOCIATES By FLORIDA MOBILE HOME COMMUNI- TIES, INC. By "Donald W. Freein n, President Attest: Richard . Sills, Secretary BOOK JUL3 01980 GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA 44 PAGE 127 _I A 3 01980 woA 44 PAGE 128 PROPERTY APPRAISER DISCUSSES AN INTERIM TAX ROLL - COUNTY AGREES TO PARTICIPATE IN SUIT AGAINST DOR PROPERTY APPRAISER BILL LAW, ACCOMPANIED BY HIS ATTORNEY, GAYLORD WOOD, APPEARED BEFORE THE BOARD. AND THANKED THEM FOR THE OPPORTUNITY TO DISCUSS THE VERY IMPORTANT ISSUE OF A POSSIBLE INTERIM TAX ROLL FOR OUR COUNTY. MR. LAW NOTED THAT BECAUSE OF THE NEW RULES AND REGULATIONS THAT HAVE BEEN IMPOSED UPON US IN OUR MILLAGE ROUTINE, BUDGET PROCEDURES,AND ROLL PREPARATION, SETTING UP THE REQUIRED DATES FOR EACH ACTION TO BE TAKEN WOULD PLACE THE STARTING OF THESE DATES BACK TO OCTOBER 8TH AFTER THE ELECTION AND SETTLING OF THE EXEMPTION QUESTION. BASED ON THAT STARTING DATE AND THE REQUIRED TIME TO PUT IN THE NECESSARY FUNCTIONS OF THE TAXING AUTHORITIES, MR,. LAW ESTIMATED THAT AT THE VERY EARLIEST IT WOULD BE THE LAST OF THIS YEAR AND MORE PROBABLY THE FIRST OF NEXT YEAR BEFORE A FINAL ROLL COULD BE COMPLETED. SINCE THE DELAYING OF THEIR MONIES WOULD CREATE A HARDSHIP FOR THE TAXING AUTHORITIES AND ALSO SINCE MANY TAXPAYERS PREFER TO PAY THEIR TAXES IN 1980 IN ORDER TO CLAIM THEIR ALLOWED INCOME TAX CREDIT, MR. LAW RECOMMENDED THE PREPARATION OF AN INTERIM ROLL. MR, LAW EXPLAINED THAT GOING WITH AN INTERIM ROLL WOULD PERMIT TAXING AUTHORITIES TO PROCEED WITH THEIR BUDGET AND TAXING PROCESS AND PERMIT TAXING MONEY TO FLOW INTO THE TAXING AUTHORITIES PRETTY MUCH ON SCHEDULE, POSSIBLY A WEEK OR SO BEHIND. HE NOTED THAT THERE ARE SEVERAL OPTIONS - IF WE DO NOT PROCEED WITH THE INTERIM ROLL, AN INDIVIDUAL TAXING AUTHORITY COULD SUE HIM OR THE BOARD COULD DECLARE VOLUNTARILY THAT WE COULD DO AN INTERIM ROLL. MR. LAW FELT THE BEST APPROACH AT THIS TIME TO SOLVE THE MAJOR PROBLEM BEFORE US WOULD BE TO ENTER JOINTLY IN A SUIT - THE COUNTY AND THE PROPERTY APPRAISER AGAINST THE DEPARTMENT OF REVENUE AND ASK THE COURT TO SUPERVISE THE ROLL PREPARATION. BROWARD COUNTY HAS ALREADY GONE THROUGH THE COURTS IN SUCH AN ACTION, AND ST, LUCIE COUNTY IS BEGINNING THE SAME PROCESS. THE FINAL ROLL THEN CAN BE FINISHED UP LATER. CHAIRMAN SIEBERT ASKED WHAT EXACTLY DOES THE SUIT ACCOMPLISH AND WHAT ABOUT THE TIMETABLE. MR. LAW STATED THAT THE TIMETABLE THAT WAS DISCUSSED WOULD FURNISH THEIR VALUES TO THE TAXING AUTHORITIES BY AUGUST 13TH. AUGUST 20TH THE MILLAGES WOULD BE CERTIFIED BACK TO THE PROPERTY APPRAISER'S OFFICE. SEPTEMBER 14TH THE NOTICE WILL GO TO THE TAX- PAYER WITH THE THREE PHASE INFORMATION (LAST YEAR'S TAXES, PROPOSED UNCHANGED AND PROPOSED CHANGE, WITH ALL OTHER INFORMATION ABOUT HEARING DATES, ETC.) THE HEARINGS WOULD COMMENCE ON THE BUDGET SEPTEMBER 19TH AND FINISH ON SEPTEMBER 30TH AND WOULD BE RETURNED TO THE PROPERTY APPRAISER AFTER FINAL HEARINGS TO PROCEED FROM THERE WITH EXTENSIONS OF THE TAX ROLL TO DELIVER TO THE TAX COLLECTOR. CHAIRMAN SIEBERT POINTED OUT TO THE BOARD THAT THE DATE OF THE SECOND HEARING IS THE LAST DAY BEFORE THE END OF THE BUDGET YEAR. THIS CONDENSES THE BUDGET PROCESS AND MEANS WE HAVE TO COME UP WITH MILLAGES NOT LATER THAN THE 20TH OF AUGUST IN ORDER TO GET THE NOTICE OUT WITHIN THE TIMEFRAME: IT IS AN EMERGENCY PROCESS. COMMISSIONER WODTKE COMMENTED THAT EVERY TAXING AGENCY IN THE COUNTY WILL HAVE TO DO THIS, AND THE CHAIRMAN AGREED AND NOTED THAT IS WHY THIS HAS BEEN DISCUSSED WITH MR. LAW AND HE HAS ASKED OUR COOPERATION IN CONTACTING THE OTHER TAXING AUTHORITIES. ATTORNEY COLLINS ASKED IF WE ARE TALKING ABOUT A TENTATIVE BUDGET OR FINAL BUDGET, AND MR. LAW STATED A FINAL BUDGET ON THE INTERIM ROLL. COMMISSIONER LYONS ASKED IF THE.INTERIM ROLL IS A 100% ROLL. MR, LAW STATED THAT THE INTERIM ROLL AS DEFINED BY LAW IS THIS YEAR'S ROLL AS FAR AS OWNERSHIPS, NEW OWNERSHIPS, DIVISIONS OF OWNERSHIPS, WITH THE UPDATE OF THIS YEAR'S EXEMPTIONS AT LAST YEAR'S VALUES, PLUS NEW CONSTRUCTION. COMMISSIONER LYONS QUESTIONED WHETHER THERE IS ANY REASSESS- MENT INVOLVED IN THIS, AND MR. LAW INFORMED HIM THAT EVERYTHING WILL BE INTACT FROM LAST YEAR - ONLY NEW CONSTRUCTION WILL BE ADDED, COMMISSIONER WODTKE ASKED IF THE INTERIM ROLL WILL BE BASED ON THE REGULAR HOMESTEAD EXEMPTIONS THAT WE HAVE HAD IN THE PAST. 34 80�K 44 PAGE JUL 3 01980 JUL 3 01990 Box 44 wE 1,0 THE PROPERTY APPRAISER NOTED THAT IS THE BIG PROBLEM BE- CAUSE WE DON'T KNOW WHAT THE EXEMPTION WILL BE UNTIL AFTER THE,' OCTOBER 7TH ELECTION. THIS, THEREFORE, WILL BE DONE AT THE OLD EXEMPTION SCHEDULE,AND THE NOTICE THAT GOES OUT WILL BE SO MARKED. IF THE NEW EXEMPTION IS PASSED, AN ADJUSTMENT WILL BE MADE ON THE FINAL ROLL. CHAIRMAN SIEBERT STATED THAT AS AN EDITORIAL COMMENT, HE BELIEVED THIS IS THE MOST RIDICULOUS PIECE OF LEGISLATION THEY HAVE COME UP WITH YET. IT HAS THE POSSIBILITY OF BANKRUPTING A LOT OF SMALL COMMUNITIES IN THIS COUNTY, AND IT ALSO HAS THE EFFECT OF PLACING A TREMENDOUS BURDEN ON AGRICULTURAL, COMMERCIAL AND VACANT LAND OWNERS, WHO WILL BE CARRYING THE TAX LOAD. CITY MANAGER LITTLE AGREED WITH MR. SIEBERT. HE ASKED IF THE EXEMPTION PASSES ON THE BALLOT, IF THE PROPERTY APPRAISER WOULD THEN CERTIFY A NEW MILLAGE WHEN HE SENDS THE TAX ROLLS OUT TO BRING IN THE SAME AMOUNT OF INCOME THAT THE APPROVED BUDGET FORECASTED TO COME IN FROM AD VALOREM TAXES. MR. LAW STATED THAT WAS CORRECT - WHEN YOU ADOPT YOUR BUDGET, YOU ARE LOCKED INTO THAT AMOUNT OF DOLLARS, AND WHEN THE EXEMPTION`PASSES, IT WILL JUST MEAN RESHUFFLING BETWEEN THE PAYERS TO COME UP WITH THE SAME AMOUNT OF TAX DOLLARS. COMMISSIONER LOY ASKED WHAT DO WE LOOK FOR AFTER WE HAVE GONE THROUGH THE PROCEDURE AND GOTTEN UP TO SEPTEMBER 30TH AND ARE OPERATING ON A FINAL INTERIM BUDGET: IN OTHER WORDS, SO WE CAN SPEND MONEY AND COLLECT MONEY. MR. LAW INFORMED HER THAT THIS SHOULD BE YOUR FINAL BUDGET. IF WE KEEP THIS SCHEDULE, YOU WILL BE ADOPTING YOUR FINAL BUDGET FOR 1980-81 AND YOU WILL BE OPERATING ON IT. COMMISSIONER LOY NEXT INQUIRED WHEN THE FINAL TAX ROLL WOULD BE COMPLETED WHERE EVERYONE THEN PAYS THE DIFFERENCE OR GETS REFUNDS. = 35 r 711 i MR. LAW NOTED THERE ARE A LOT OF VARIATIONS TO CONSIDER. THIS WILL NOT STOP THAT PROCEDURE, BUT WILL SLOW IT DOWN, AND HE COULD ONLY GUESS IT WILL BE IN FEBRUARY OR MARCH OF 1981. CHAIRMAN SIEBERT BELIEVED IT IS IMPORTANT THAT EVERYONE UNDERSTANDS THE OPTIONS. IF WE DONT ACCEPT MR. LAWS RECOMMENDATION FOR THE INTERIM ROLL, ANY TAXING BODY CAN FILE SUIT AND FORCE MR, LAW. IF THAT DOES NOT HAPPEN, WE HAVE TO WAIT FOR THE FINAL TAX ROLL. SOME MONIES MIGHT COME IN, BUT THEY COULD NOT BE DISBURSED, AND WHEN YOU RAN OUT OF MONEY, YOU WOULD HAVE TO BORROW, WHICH THE CHAIRMAN DID NOT FEEL WAS A GOOD OPTION. THE OTHER OPTION IS TO JUST ACCEPT MR. LAWS RECOMMENDATION FOR AN INTERIM ROLL. COMMISSIONER WODTKE ASKED IF THE MUNICIPALITIES AND OTHER TAXING BODIES, I.E. MOSQUITO CONTROL, ETC., HAVE TO AGREE. THE CHAIRMAN STATED THAT THEY DON T. A LADY FROM THE AUDIENCE INFORMED THE BOARD THAT ,MOSQUITO CONTROL AGREES WITH THE INTERIM ROLL. CITY MANAGER LITTLE FELT IT IS THE PROCESS THE CITY WOULD PREFER. HE ASKED IF THE APPRAISER IS RECOMMENDING THERE BE A SUIT. MR. LAW STATED THAT HE IS RECOMMENDING THAT THE COUNTY AND THE PROPERTY APPRAISER JOIN TOGETHER AND SUE THE DOR BECAUSE THE NEW REGULATIONS CONFRONTING BOTH OF US ARE WIDE AND VARIED AND GOING THROUGH THE COURTS MAY PUT US IN A LITTLE BETTER POSITION TO PROCEED IN THIS MATTER. CHAIRMAN SIEBERT COMMENTED THAT WE CAN AGREE TO THE INTERIM ROLL AND AT THE SAME TIME FILE SUIT TO GET THE COURT TO ACT AS ANOTHER WATCHDOG. CITY MANAGER LITTLE NOTED THAT IF WE HAVE THE FINAL HEARING ON SEPTEMBER 30TH, THERE IS NO TIME LEFT TO AMEND THE BUDGET. DISCUSSION FOLLOWED IN REGARD TO TIMETABLES, AND COMMISSIONER LOY ASKED, IN REGARD TO THE SCHEDULE OUTLINED BY MR. LAW, IF WE ARE ASKING THE COURT TO DIRECT EVERY TAXING BODY IN THE COUNTY, MR. LAW CONFIRMED THAT WE WOULD BE. HE CONTINUED THAT HE DID SPEAK TO MAYOR FLOOD AND MAYOR SUIT, BOTH OF WHOM ARE IN FAVOR OF 36 JUL 3 0 NO BOOK 4- PAGE 1,a.L JUL 301980 THE INTERIM ROLL APPROACH. Boa 44 wE 132, THE SCHOOL BOARD ALSO HAS INDICATED THEY ARE VERY MUCH IN FAVOR OF IT SINCE THEY WOULD HAVE TO START BORROWING, POSSIBLY AS EARLY AS SEPTEMBER, AS MUCH AS $750,000 A MONTH. MAYOR NOLAN HAD NO OBJECTION TO THIS APPROACH. DISCUSSION FOLLOWED ON THE FACT THAT ALL THE TAXING BODIES CAN T HAVE HEARINGS ON THE SAME DAY AS THE COUNTY, AND IT WAS AGREED THAT ALL WOULD HAVE TO WORK TOGETHER ON THIS. ATTORNEY COLLINS NOTED THAT THERE IS A GOOD BIT OF CONFUSION.- BUT ONFUSION, BUT FELT THE AMENDMENT TO THE TRIM BILL MAY ALLOW SOME FLEXIBILITY ON TIME SCHEDULES FOR THIS YEAR, HE EXPLAINED THAT WE ARE GOING TO COURT BECAUSE THE LEGISLATURE HAS PUT ALL LOCAL GOVERNMENTS IN THE POSITION OF NOT KNOWING WHAT TIME FRAMES HAVE TO BE MET AND THEREBY LEAVING THEM OPEN TO LITIGATION FROM TAXPAYERS. HE BELIEVED GOING TO COURT WILL HELP AVOID SOME OF THIS. COMMISSIONER LYONS ASKED IF THIS IS A CLASS ACTION SUIT OR WHETHER EVERY COUNTY HAS TO GO TO COURT ON THEIR OWN, AND ATTORNEY COLLINS STATED THAT EVERY COUNTY HAS ITS OWN RESPONSIBILITY. CHAIRMAN SIEBERT NOTED THAT WE HAVE TO GIVE MR. LAW MILLAGES BASED ON THE INTERIM ROLL TO CERTIFY THE BUDGET, AND MR. LAW AGREED THAT WE WOULD BE GIVING HIM THE MILLAGE ON AUGUST 20TH. COMMISSIONER WODTKE ASKED WHEN WE WOULD HAVE TO COMPLETE BUDGET HEARINGS - WOULD MR. LAW NEED THIS ON THE 20TH OR FIVE DAYS PRIOR? MR. LAW STATED THAT HE WOULD GIVE THIS TO THE BOARD ON THE 13TH, AND THEN THE BOARD WOULD GIVE IT BACK TO HIM ON THE 20TH. COMMISSIONER LYONS ASKED IF IT IS REASONABLE TO EXPECT WHEN YOU GET THE HIGHER ROLL THAT THE ASSESSED VALUATIONS WILL BE HIGHER THAN ASSESSED ON THE LAST ROLL, AND MR. LAW STATED THAT IT APPEARS THAT WAY. COMMISSIONER LYONS COMMENTED THAT WE ARE GOING TO OPERATE ON THIS INTERIM ROLL, WHICH IS PROBABLY GOING TO BE LESS THAN THE FINAL ROLL. WE ARE GOING TO SET MILLAGE ON SOMETHING THAT WILL BE LESS THAN THE FINAL VALUATION, AND HE NOTED THAT HE DID NOT WANT TO GET CAUGHT IN SOME KIND OF WEB BECAUSE WE ARE LOOKING AT TWO DIFFERENT VALUATIONS. s r � CHAIRMAN SIEBERT BELIEVED THE MILLAGE WILL BE REDUCED ON THE FINAL VALUE BUT WILL STILL REFLECT THE SAME NUMBER OF DOLLARS, PROPERTY APPRAISER LAW EXPLAINED THAT TAXABLE VALUE WILL BE LESS THAN THE FINAL ROLL, YOUR MILLAGE WILL BE ON THE LESSER TAXABLE VALUE, BUT YOU SET YOUR TAX DOLLARS YOU WANT AT YOUR OWN DISCRETION AND YOU WILL BE ASSURED OF THOSE SAME TAX DOLLARS ON THE FINAL ROLL, HE NOTED THAT HE HAS DISCUSSED THESE PROCEEDINGS WITH THE DOR AND THEY DO NOT TAKE EXCEPTION TO THEM. INTERGOVERNMENTAL COORDINATOR THOMAS ASKED IF THE INTERIM BUDGET REFLECTS NEW CONSTRUCTION, AND MR. LAW STATED THAT IT WILL BE LAST YEAR'S VALUES AND THEY DID NOT INCLUDE LAST YEAR S CONSTRUCTION. THIS YEAR IT WILL INCLUDE LAST YEARS CONSTRUCTION. NEW CONSTRUCTION WILL BE WHATEVER IT WAS LAST YEAR. LAST YEARS FIGURES EXCLUDED NEW CONSTRUCTION, THIS YEAR WE WILL PICK THAT UP AS YOUR TAX BASE. DISCUSSION CONTINUED ON THE PROCEDURES TO FOLLOW TO PARTICI- PATE IN THE SUIT WITH THE PROPERTY APPRAISER, AND ATTORNEY GAYLORD WOOD INFORMED THE BOARD THAT HE HAD THE SUIT WITH HIM. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AGREED WITH THE PROPERTY APPRAISER'S RECOMMENDATION TO GO INTO AN INTERIM ROLL. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS- SIONER DEESON, TO JOIN WITH THE PROPERTY APPRAISER IN ENTERING INTO A SUIT AGAINST THE DEPARTMENT OF REVENUE TO REQUEST THE INTERIM ROLL AND AUTHORIZE OUR ATTORNEY TO PROCEED IN CONJUNCTION WITH THE PROPERTY APPRAISER. COMMISSIONER WODTKE NOTED THAT WE WILL NOTIFY ALL TAXING BODIES IN THE COUNTY OF THE DEADLINES WE HAVE SO WE DONT GET TO THE POINT THAT ON AUGUST 20TH WE ARE NOT ABLE TO CERTIFY THE MILLAGES. CHAIRMAN SIEBERT REQUESTED THAT THE ATTORNEY CONTACT THE COUNTY FINANCE OFFICER AND PREPARE A LETTER ON BEHALF OF THE BOARD SETTING OUT DATES AND ASKING THAT MILLAGES BE BACK NO LATER THAN AUGUST 20TH, BUT PREFERABLY QUICKER, m JUL 3 01990 BOOK 44 '`FAtL-131 .. _I JUL 3 01980 Boa 44 FAA 34 FINANCE OFFICER BARTON COMMENTED THAT IN THAT LETTER WE p� C SHOULD ALSO OUTLINE DATES WE HAVE PICKED FOR OUR HEARINGS AND WHAT THE SCHOOL BOARD HAS PICKED SO THAT TIMES CAN BE WORKED OUT. CITY MANAGER LITTLE SUGGESTED THAT IN ORDER TO AVOID CONFUSION, IT WOULD BE WISE IF SOME CENTRAL OFFICE WOULD WRITE EVERY- ONE AND LAY OUT A SCHEDULE OF DATES SO THERE IS NO CONFLICT. HE FELT SOMEONE MUST CONTROL THIS MATTER. COMMISSIONER LOY NOTED THAT MR. LAW HAS TO SEND OUT NOTICES, AND MR. LAW AGREED THAT HE WOULD BE WILLING TO HANDLE THIS. CITY FINANCE OFFICER MASON COMMENTED THAT THE SENIOR HOME- STEAD EXEMPTION INFORMATION WILL NOT BE AVAILABLE. PROPERTY APPRAISER LAW REITERATED THAT THE FIGURES WILL BE ADJUSTED AND THIS WILL -TAKE CARE OF ITSELF. WHATEVER TAXABLE VALUE HE GIVES TO A TAXING BODY, THAT IS WHAT IS TO BE USED FOR THE MILLAGE LEVY AND THEN WHATEVER THE TAXABLE VALUE COMES OUT TO BE IN 1980, YOUR MILLAGE WILL BE ADJUSTED TO GET THE SAME TAX DOLLARS. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. CHANGE ORDERS - COUNTY ADMINISTRATION COMPLEX - PROGRESS REPORT HERCULES KONTOULAS, CONSTRUCTION PROJECT REPRESENTATIVE, INFORMED THE BOARD THAT HE HAS TWO CHANGE ORDERS. ONE IS CHANGE ORDER #4 IN THE AMOUNT OF $3,874.73, WHICH INVOLVES THE EMERGENCY GENERATOR WORK THAT HAS TO BE DONE AND WAS REVIEWED AT THE PREVIOUS MEETING. COMMISSIONER LYONS ASKED WHERE THIS EMERGENCY GENERATOR IS LOCATED, AND MR. KONTOULAS STATED THAT IT IS IN A ROOM BY ITSELF ON THE WEST, SOUTH OF THE MAIN SWITCH GEAR, IT IS 6" TO 8" OFF THE FLOOR. COMMISSIONER LYONS NOTED THAT THE AMBULANCE SQUAD RAISED THEIR GENERATOR A FOOT BECAUSE THEY HAD WATER UNDER BAD STORM CONDI- TIONS, AND HE WONDERED IF THERE IS ANY SAFETY FACTOR INVOLVED IN RAISING THIS GENERATOR ALSO. MR. KONTOULAS DID NOT BELIEVE THIS WOULD BE NECESSARY, BUT STATED THAT HE WOULD CHECK INTO IT. 495 MR. KONTOULAS CONTINUED THAT CHANGE ORDER #5 IN THE AMOUNT OF $2,000 WAS RECEIVED THIS MORNING, AND IT RELATES TO THE FIVE WINDOW OPENINGS ON THE NORTH SIDE OF THE CHAIRMAN'S AND BOARD SECRETARY'S OFFICES, ETC., IN THE.ADMINISTRATION AREA OF THE COUNTY ADMINISTRATION COMPLEX. THIS ALSO WAS REVIEWED AT THE PREVIOUS MEETING. HE COMMENTED THAT LATER ON THERE WILL BE ANOTHER CHANGE ORDER TO CHECK THE EXISTING WOOD AWNING WINDOWS TO SEE HOW THEY ARE OPERATING - WHETHER THEY NEED CRANKS, LUBRICATION, ETC, CHAIRMAN SIEBERT ASKED IF MR. KONTOULAS IS RECOMMENDING BOTH CHANGE ORDERS, AND HE STATED THAT HE WAS SATISFIED WITH BOTH OF THEM AND WAS RECOMMENDING THEM. ON MOTION BY COMMISSIONER SIEBERT, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY APPROVED CHANGE ORDER NUMBERS 4 AND 5 TO REINHOLD CONSTRUCTION, INC., ARCHITECT'S PROJECT N0, 9363, 40 BOOK 44 PAGE 135 JUL 301980 JUL 3 01980 CHANGE OWNER ARCHITECT ORDER CONTRACTOR FIELD [ ' AIA DOCUMENT 0701 OTHER PROJECT: Indian River County CHANGE ORDER NUMBER: 4 (name, address) County Administration Building TO (Contractor) ARCHITECT'S PROJECT NO: 9363 Reinhold Construction, Inc. CONTRACT FOR: Construction P. 0. Box 666 L Cocoa, F1 32922 CONTRACT DATE: April 2, 1980 You are directed to make the following changes in this Contract: Additional work to the emergency generator system, as described in letter dated June 3, 1980 from Tampa Armature Work, Inc. to Behe & Umholtz, Electrical Contractors, and letter dated June 12, 1980 from Reinhold Construction Inc. The original Contract Sum was . . . . . . . . . . . . . . . . . . . . . $ 2,748,000.00 Net change by previous Change Orders . . . . . . . . . . . . . . . . $ 2,228.09 The Contract Sum prior to this Change Order was . $ 2, 750, 228.09 The Contract Sum will be (increased) (dscfeased) (t►acJaaaged} by this Change Order . . . $ 3,874.73 The new Contract Sum including this Change Order will be . . . . . . . . . . . $ 2,754,102.82 The Contract Time will be =d) Wee a) (unchanged) by ( 0 ) Dzys. The Date of Completion as of the date of this Change Order therefore is NOT CHANGED CONNELL METCALF & EDDY REINHOLD CONST., INC. INDIAN RIVER COUNTY COMM. 1509r Dixie Hwy. A�8791 Gable Fl 11 33134 BY DATE July 22, 1980 C$NTbIFTgORx 666 RWR 14th Ave. A'&15 -ba, Fl 32922 '08411611 Beach, Fl 32960 BY i/' ���"'``�".►�`� BYTE DATE Z 3 'O V DATE /` s! -r U ✓ AIA DOCUMENT 0701 • CHANCE ORDER • APRIL 1970 EDITION • AIA© • ® 1970 • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 ONE PACE CHANCE OWNERARCHITICT ORDER CONTRACTOR FIELD ❑ AIA DOCUMENT 0701 OTHER PROJECT: Indian River County CHANGE ORDER NUMBER: 5 (name, address) County Administration Bldg. TO (Contractor) I—Mr. L. A. Snodgrass Reinhold Construction Inc. Y. 0. Box 666 Cocoa, Florida 32922 L ARCHITECT'S PROJECT NO: 9363 CONTRACT FOR: CONTRACT DATE: April 2, 1980 You are directed to make the following changes in this Contract: Alternate No. 1. Replace 5 existing wood windows with new aluminimum awning windows, including glazing at north exterior wall of first floor; east wing north at the following rooms; N-162; Engineer N-163; Recording Secretaries N-164; Secretary to the Board N-165; Reception N-166; Chairman of the Board The original Contract Sum was . . . . . . . . . . . . . . . . . . . . . S 2, 748, 000.00 Net change by previous Change Orders . . . . . . . . . . . . . . . S lorl d . 62 The Contract Sum prior to this Change Order was . . . . . S 20754, 102.82 r - The Contract Sum will be (increased) kk1Zr9xxdk*x3dexrvcdkby this Change Order . . . S 2,000.00 The new Contract Sum including this Change Order will be . . . . . . . . . . S 2, 756, 102.82 ✓ The Contract Time will be k=ykgkswjoc& (unchanged) by ( 0 ) Days. The Date of Completion as of the date of this Change Order therefore is Connell Metcalf b Eddy, Inc. Reinhold Construction, Inc. Indian Rivery County Comm. %RCHITECT 1321) 9nuth�_ Highway CONTRACTOR �. 0. Box 666 _ ` DW1745 address Address 14th Avenue Coral GabFlorida le Cocoa, Florida 32922 Addss lero Beach, FloYida 32960 ' 1 BY BY )ATE July 28, 1980 DATE ? L y —eO TE 7 3 () rF j UA DOCUMENT 6701 • CHANGE ORDER • APRIL 1970 EDITION • AIAS • ® 1970 • THE ONE PACE ►MERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20001 JUL 301980 Boa 44 PcE .4:3 i,; JUL 3 01980 wax 44 w 38 MR. KONTOULAS THEN GAVE THE BOARD A RUNDOWN ON THE CONSTRUC- TION PROGRESS OF THE COUNTY ADMINISTRATION COMPLEX, STATING THAT THE ADMINISTRATION BUILDING -HAS NOT CHANGED MUCH FROM THE LAST REPORT - THEY ARE STILL IN DEMOLITION IN THE WEST WINGS. THERE IS NO FINISHING STARTED AS YET OTHER THAN THE STUD WORK. ELECTRICALLY THEY ARE ROUGHING IN OVERHEAD IN THE AREA OF THE UTILITY DEPARTMENT AND IN THE APPRAISER'S AND COLLECTOR'S AREAS. SOME PLUMBING IS BEING ROUGHED IN IN THE PUBLIC RESTROOMS. FILL IS BEING BROUGHTIN FOR THE COMMIS- SION DOOM, AND THE PAVING CONTRACTOR IS WORKING ON THE EAST PARKING LOT AND REMOVING EXCESSIVE TREES. THE ROOFERS HAVE STARTED THE THIRD FLOOR ROOF, AND SOME OF THE ROOF HAS BEEN DRIED IN AND PARTIALLY GRAVELED ABOVE THE OLD LAUNDRY ROOM AND KITCHEN AREAS. HE NOTED THAT HE DOES HAVE A REVISED .CHANGE PROPOSAL ON THE FACIA WHICH IS BEING PROCESSED NOW IN REGARD TO THE NEW OVERHANG LOOK. PROGRESS AT THE COURTHOUSE IS ABOUT NIL. THEY ARE DOING SOME ELECTRICAL WORK ON THE SECOND FLOOR; THE AIR CONDITIONING UNITS ARE IN PLACE IN THE COURT- ROOMS AND SOME DUCT WORK HAS BEEN DONE. THE ELEVATOR SHAFT FOUNDATION HAS BEEN POURED AND THE WEST COLUMNS OF THE WALKWAY ARE BEING CAGED IN STEEL NOW. SITE FOR EXCHANGE HOME OF INDIAN RIVER COUNTY, INC. (YOUTH HOME) - ATTORNEY JOSEPH CIANFRONE CAME BEFORE THE BOARD TO REVIEW THE PROPOSED PARCELS SUBMITTED FOR CONSIDERATION AS A YOUTH HOME AS SET OUT IN THE FOLLOWING MEMO FROM THE PLANNING AND ZONING DIRECTOR: 43 DEPARTMENT July 22, 1980 MEMO TO: Board of County Commissioners FROM: David M. Rever, Planning and Zoning Director SUBJECT: Proposed "Exchange Youth Home" Listed below are the 6 proposed parcels which the Exchange Club has submitted for consideration as a Youth Home. We have provided brief comments for each site, the respective zoning on each, and priortized the three best choices in the Planning staff's view. They are as follows: 1) Parcel #6: Zoning M-1. County owned; good access; adequate land area; lack of extensive amount of sur- rounding development; provision of fire station in, future in immediate area. Central location in County. (4.24 acres) 2) Parcel #4: Zoning M-1. County owned; good access though not centralized; large enough; would not detract from surrounding uses. (1 acre) 3) Parcel #2: Zoning R-1. Privately owned; large enough site; access not ideal; surrounding development (largely resi- dential).though it is not immediately adjacent. (1 acre) Parcel #1: Zoning R-1. County owned; negotiations now being undertaken to provide for future school on this site. (15 acres) DMR: j t Parcel #3: Zoning Hospital and R-1 (City of Vero). County owned; good access and location, however land is being held in reserve for possible future parking needs around the new County Administrative Complex. (various sized parcels) Parcel #5: Zoning R-1. Privately owned; poor accessibility (road improvements would be necessary). (1.4 acre) DAVID M. REVER • DIRECTOR 212114T -AVE. VERO BEACH, FL 32960 • 305/567-5142 ATTORNEY CIANFRONE COMMENTED THAT ADDITIONAL SITES WERE SUBMITTED FOR CONSIDERATION. THESE ARE LOCATED WITHIN THE CITY LIMITS AS FOLLOWS: SITE A - 18TH PLACE WEST OF 9TH AVE., OWNER JOHN PURDY SITE B - 1706 14TH AVE., OWNER GRACE GLENN 44 JUL 301990 BOOK 44.-%E. .39 JUL 3 01990 600K A4 PAGE 140. THESE WERE ADDED BECAUSE THE BOARD HAD INDICATED THEY WISHED TO LOOK AT PROPERTY CLOSER IN WHERE THE CHILDREN WOULD HAVE BETTER ACCESSIBILITY TO SCHOOLS AND JOBS. MR. CIANFRONE STATED THAT THEY FOUND SITES IN THE CITY LIMITS WERE EITHER VERY SMALL OR VERY EXPENSIVE OR BOTH, ESPECIALLY SINCE THEY WOULD REQUIRE R-2 ZONING OR SOMETHING LESS RESTRICTIVE, AND HE FELT THAT THE SITES IN THE COUNTY ARE MUCH BETTER.- MR. CIANFRONE CONTINUED THAT ADDITIONAL SITE A IS LOCATED WEST OF THE PRESS JOURNAL BUILDING ON 18TH PLACE WEST OF 9TH AVENUE. IT ONLY HAS 50' FRONTAGE ON THE ROAD AND IS 141' IN DEPTH; IT ALSO IS IN A BUILT-UP NEIGHBORHOOD. THEY ARE ASKING APPROXIMATELY $13,500. ADDITIONAL SITE B ON 14TH AVENUE HAS AN EXISTING HOME ON IT, AN OLDER FOUR BEDROOM FRAME HOUSE IN NEED OF REPAIRS, AND THE OWNER IS ASKING IN THE HIGH 60'S, WHICH HE FELT IS OUT OF RANGE. CHAIRMAN SIEBERT FELT PARCELS #6 AND #4 ARE GOOD SITES. MR. CIANFRONE STATED THAT THEY WOULD, OF COURSE, ACCEPT EITHER OF THOSE. HE NOTED THAT AT THE LAST MEETING THERE SEEMED TO BE SOME WORRY ABOUT THE TYPE OF CHILD WHO WOULD GO INTO THE HOME, AND THEY WOULD BE WILLING TO HAVE RESTRICTIONS THAT THE CHILD WOULD BE A DEPENDENT CHILD, NOT A DELINQUENT CHILD. THESE CHILDREN WOULD BE BETWEEN THE AGES OF 10 TO 15, AND IMMEDIATE ACCESSIBILITY TO JOBS IS NOT TOO IMPORTANT. HE NOTED THAT IT IS INTENDED TO BE A HOMELIKE ATMOSPHERE IN A BUILDING WHICH, IN EFFECT, WILL BE A LARGE HOME. HE DID NOT ENVISION ANY TYPE OF FENCE OR INSTITUTIONAL ATMOSPHERE. DISCUSSION FOLLOWED IN REGARD TO THE ZONING OF PARCELS #4 AND #6, WHICH PLANNING HAS STATED IS M-1 INDUSTRIAL. PARCEL #4 IS LOCATED ON OLD DIXIE HIGHWAY IN THE SOUTH COUNTY, AND PARCEL #6 IN WINTER BEACH. COMMISSIONER LAY NOTED THAT THE DESCRIPTION OF THE PROPERTY IN PARCEL #6 IS FOR THE WEST SIDE OF U.S. 1, BUT THE DRAWING IS FOR THE EAST SIDE OF U.S. 1. SHE COMMENTED, HOWEVER, THAT IT IS IN THE VICINITY OF WINTER BEACH SCHOOL AND IT DOESN'T MATTER SINCE THE COUNTY OWNS THE PROPERTY ON BOTH SIDES OF THE HIGHWAY. SHE FELT ONE PART SHOULD BE SAVED FOR A FIRE STATION, AND THE OTHER SIDE POSSIBLY WOULD BE AVAILABLE. IN FURTHER DISCUSSION, IT WAS NOTED PART OF THIS PROPERTY IS DIRECTLY OPPOSITE THE WINTER BEACH SCHOOL, AND INTERGOVERNMENTAL COORDINATOR THOMAS FELT THE PROPERTY IS ZONED COMMERCIAL AND WOULD NOT HAVE TO BE REZONED. MR. MARSH STATED THAT PUBLIC SERVICES ARE ALLOWED IN COMMERCIAL, AND ATTORNEY COLLINS AGREED THAT THERE IS A REFERENCE TO A PUBLIC BUILDING UNDER C-1. COMMISSIONER LOY NOTED THAT PARCEL #4, WHICH IS M-1 IS LOCATED BETWEEN OLD DIXIE AND THE RAILROAD. COORDINATOR THOMAS FELT THAT IS INDUSTRIAL. HE WAS NOT SURE HOW MUCH LAND WAS DESIRED, BUT POINTED OUT THERE IS AMPLE PROPERTY IN WINTER BEACH, AND ONLY ONE ACRE IN PARCEL #4. CHAIRMAN SIEBERT WAS OF THE OPINION THAT WINTER BEACH IS THE BETTER LOCATION BECAUSE IT IS MORE CENTRALLY LOCATED IN THE COUNTY. IN REGARD TO THE QUESTION OF WHETHER THE PART EAST OR WEST OF U.S. 1 IS PREFERABLE, HE FELT THAT THE EASTERN PORTION WOULD BE BETTER FOR THE YOUTH HOME AND THE WESTERN PORTION FOR THE FIRE STATION BECAUSE IT WOULD GIVE THEM BETTER ACCESS TO U.S. 1. IT COULD ALSO BE A POTENTIAL WELL SITE, AND HE BELIEVED IT IS A VERY GOOD AREA FOR NORTH COUNTY SERVICES. COMMISSIONER LYONS AGREED. COMMISSIONER LOY COMMENTED THAT WE DO STILL OWN THE PROPERTY WHERE THE OLD WINTER BEACH SCHOOL IS, AND IT IS POSSIBLE THAT IT COULD HAVE A MULTITUDE OF USES. SHE, TO0, PREFERRED THE EAST SIDE AS A LOCATION FOR THE YOUTH HOUSE, DISCUSSION ENSUED ON THE AMOUNT OF PROPERTY ON EACH SIDE OF THE HIGHWAY, AND ATTORNEY CIANFRONE BELIEVED THAT 4.2 ACRES CON- STITUTES THE OVERALL PARCEL, WHICH WAS SPLIT IN TWO BY U.S. 1. COMMISSIONER LOY AGREED AND BELIEVED THE PROPERTY ON THE EAST SIDE WOULD AMOUNT TO ABOUT HALF OF THE 4.2 ACRES, WHICH WOULD BE ADEQUATE. MOTION WAS MADE BY COMMISSIONER LOY, SECONDED BY COMMISSIONER LYONS, TO AUTHORIZE THE EXCHANGE CLUB ATTORNEY TO PREPARE A LEASE ON THE EAST SIDE OF PARCEL #6 FOR THE YOUTH HOME. J U L 3 01980 46 44 PAGE 14t JUL 3 01980 k BOOK 44 ?AtE 1.-42 COMMISSIONER LYONS NOTED THAT THERE IS ROUGHLY A LITTLE OVER TWO ACRES IN THIS PIECE, WHICH POSSIBLY COULD BE MADE INTO TWO LOTS SOMETIME IN THE FUTURE. HE POINTED OUT THAT THE ACTUAL SITE OF THE HOUSE MIGHT BE IMPORTANT SO THAT IT WOULDN'T PRECLUDE DIVISION OF THE PROPERTY AT A LATER DATE. ATTORNEY CIANFRONE STATED THAT THEY WOULD TAKE THIS INTO CONSIDERATION AND IN THE LEASE, THEY WILL ALLOW THE COUNTY TO RETAIN ALL POWERS OF REVERSION. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. PRD—pos_ED TRAFFIC CIRCULATION PLAN FOR 6TH AVENUE AND U.S. HIGHWAY I THE BOARD REVIEWED THE FOLLOWING MEMO FROM PLANNING DIRECTOR REVER: July 24, 1980 MEMO TO: Board of County Commissioners FROM: David M. Rever, Planning and Zoning Director Ac j SUBJECT: Alternative to 6th Avenue Intersection with U.S.#1 As instructed by the Board, the Attorney, Administrator and myself have discussed the alternatives for correcting the hazardous situation created by the present connection of the south end of 6th Avenue with U.S.#1. First, it was agreed that the present intersection should be abandoned as soon as possible. In order to accommodate traffic for now and in the future, two alternatives were considered. These options included creation of a right-of-way for a 6th Street or an 8th Street to connect 6th Avenue with U.S.#1 at right angles and with proper signalization. After some discussion, it was agreed that the 8th Street altgrnative appears to be the most workable. While it involves a longer stretch of right-of-way acquisition, its location with regard to providing a continuing access to the west of U.S.#1 is a big plus. It should also be noted that this would be a logical eastward extension of the 8th Street as a major collector with a 100 foot right-of-way as proposed in the Transportation Element of the Comprehensive Plan. In addition, long range planning could anticipate a southerly extension of Indian River Blvd. which could connect with an east- ward continuation of 8th Street to provide an alternate to U.S.#1 and other east -west connections in a major developed area. With this analysis it is recommended that the County proceed to: 1) Acquire the additional 85' X 800' right-of-way between U.S.#1 and 6th Avenue to compliment the existing 15' for a new con- necting road. 47 Z) Consider aquisition of an additional 85' X approximately 1300' east of 6th Avenue to add to the 15' right-of-way presently in existence. 3) Build the connecting 8th Street between U.S.#1 and 6th Avenue as soon as possible. 4) Install the necessary and adequate signalization for U.S.41 and 8th Street. 5) Abandon that portion of 6th Avenue from U.S.#1 north to the northerly property lines of the first adjacent properties. Additionally, the Planning staff would recommend that a statement of policy be made to insure it is clearly understood that future development in the area would need to incorporate a major connector to serve the area south and east of 8th Street and 6th Avenue which is presently undeveloped. This would include providing access to the northern areas of Vista Royale. PLANNING DIRECTOR REVER POINTED OUT ON A MAP WHAT THE PROPOSED ALTERNATIVES ENTAIL. HE STATED THAT THE AREA FROM U.S. 1 AT A POINT COEXISTENT WITH THE PRESENT 8TH STREET CONTINUES OVER TO THE RANGE LINE WHERE THE COUNTY PRESENTLY HAS A 15' EASEMENT. THE PLANNING STAFF FEELS THAT THE 8TH STREET ALTERNATIVE IS THE MOST REALISTIC AND THAT THERE ARE VERY STRONG REASONS WHY IT SHOULD BE CHOSEN TO OPEN UP 6TH AVENUE AND ABANDON THE INTERSECTION AT 6TH AVE. AND U.S. 1. THE RECOMMENDATION THAT WE ACQUIRE 100' OF RIGHT—OF—WAY CORRESPONDS WITH THE PROJECTION OF THIS AS A MAJOR ARTERIAL CONNECTION, AND MR. REVER FELT THE COUNTY SHOULD ACQUIRE THE ADDITIONAL 85' RIGHT—OF—WAY IN CONJUNCTION WITH THE PRESENT 15' RIGHT—OF—WAY ALL THE WAY TO ITS TERMINUS BECAUSE THE POSSIBILITY EXISTS THAT SOME ALIGNMENT OF INDIAN RIVER BOULEVARD COULD BE ACCOMPLISHED IN THE FUTURE, WHICH WOULD GIVE US YET ANOTHER RELIEF ROUTE NORTH AND SOUTH THROUGH THIS PORTION OF THE COUNTY. FURTHER, THIS IS A DEVELOPING AREA. VISTA ROYALE IS CONTINUING TO GROW; THERE ARE OTHER DEVELOPMENTS CONTEMPLATED; AND MR. REVER FELT THE COUNTY SHOULD HAVE SOME KIND OF STATED POLICY THAT FUTURE DEVELOPERS WOULD HAVE TO PLAN TO HOOK INTO THIS EXISTING ROAD TO PROVIDE A SIGNIFICANT OUTLET FOR TRAFFIC. HE CONTINUED THAT 8TH ST. WOULD PROVIDE A GOOD RIGHT—ANGLE INTERSECTION WITH PROPER SIGNALIZATION, AND WE ALREADY HAVE APPROVAL OF THAT SIGNAL, AND HE FURTHER RECOMMENDED THAT THE PROPERTY AT THE INTERSECTION OF 6TH AVENUE AND U.S. 1 BE ABANDONED AND DIVIED UP. M J U L 3 01980 moo 44 tE-143 JUL 3 01080 stox 44 PAGE 144 CHAIRMAN SIEBERT ASKED WHY NOT JUST BARRICADE THE INTER- SECTION AND LET IT GO AT THAT, AND COMMISSIONER LYONS ALSO FELT WE SHOULD CLOSE THE 6TH AVENUE INTERSECTION RATHER THAN ABANDON IT. CHAIRMAN SIEBERT NOTED THAT WE MIGHT NEED THAT RIGHT—OF—WAY FOR WATER AND SEWER LINES OR OTHER THINGS. PLANNING DIRECTOR REVER COMMENTED THAT ABANDONMENT COULD TAKE INTO ACCOUNT KEEPING UTILITY EASEMENTS. COMMISSIONER LOY DISCUSSED POSSIBLE FUTURE DEVELOPERS IN THIS AREA AND ASKED WHETHER WE DON'T REQUIRE CERTAIN RIGHT—OF—WAY OF DEVELOPERS NOW. MR. REVER AGREED, BUT NOTED THAT THERE IS NOTHING PROPOSED THERE AT THIS PARTICULAR TIME, AND COMMISSIONER LYONS FELT HE IS SAYING THAT WE WILL HAVE TO SIGNIFY THAT THIS IS WHERE THE ROAD IS GOING TO BE AND LET THE DEVELOPERS BE AWARE OF IT. COMMISSIONER LOY AGREED THAT WE HAVE A PROBLEM FROM 6TH AVENUE TO U.S. I AND WANT TO DO AWAY WITH A SAFETY HAZARD, AND FELT WE CAN ESTABLISH ALL KINDS OF POLICIES, BUT SHE DID NOT WANT TO PURCHASE ALL KINDS OF RIGHTS—OF—WAY. SHE STATED THAT SHE WOULD LIKE TO SEE US GO AHEAD WITH 8TH STREET FROM U.S. I TO 6TH AVENUE SOMEHOW. COMMISSIONER LYONS ASKED HOW WE ARRANGE TO GET THAT RIGHT- OF-WAY AND HOW DO WE PAY FOR IT. COMMISSIONER LOY-FELT THIS QUALIFIED FOR FUNDS THAT ARE BEING HELD FOR US IN TALLAHASSEE. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER LOY TO TAKE THE NECESSARY STEPS TO OBTAIN AN ADDITIONAL 85' OF RIGHT—OF—WAY TO ADD TO THE PRESENT 15' OF RIGHT—OF—WAY BETWEEN 6TH AVENUE AND U.S. I AT 8TH STREET. COMMISSIONER WODTKE AGREED THAT THIS NEEDS TO BE DONE, BUT HE WISHED TO KNOW HOW MUCH MONEY WE HAVE IN THE TRUST FUND BECAUSE WE NEED THIS FOR INDIAN RIVER BOULEVARD, AND HE DID NOT WANT TO INTERFERE WITH THAT PRIORITY. COMMISSIONER LOY STATED THAT THERE IS NOT ENOUGH MONEY IN THE TRUST FUND AT THIS MOMENT TO HANDLE ALL OF INDIAN RIVER BOULEVARD, BUT WHEN THE TIME COMES, WE WILL HAVE ACCESS TO OTHER FUNDS. SHE POINTED OUT THAT INDIAN RIVER BOULEVARD WILL BE BIG ENOUGH THAT IT MAY REQUIRE BONDS. COMMISSIONER LYONS BELIEVED WE WILL HAVE TO HANDLE INDIAN RIVER BOULEVARD AS IT GOES, AND HE FELT WE SHOULD PROCEED ON 6TH AVENUE. ASSISTANT ADMINISTRATOR NELSON COMMENTED THAT WE ARE GOING TO HAVE TO UPDATE THE TRAFFIC SIGNALIZATION AT THAT PARTICULAR INTER- SECTION BECAUSE IT WAS ONLY A "T" INTERSECTION AT THE TIME OF APPROVAL. COMMISSIONER LYONS STATED THAT HE WOULD LIKE TO HANDLE THAT SEPARATELY. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED WITH COMMISSIONER WODTKE VOTING IN OPPOSITION. COMMISSIONER LYONS STATED THAT HE WOULD LIKE TO MAKE A MOTION THAT WE CLOSE THE INTERSECTION OF 6TH AVENUE AND U.S. 1 AT THE TIME WE ARE ABLE TO OPEN 8TH STREET FROM 6TH AVENUE TO U.S. I AS A SATISFACTORY SUBSTITUTE. ATTORNEY COLLINS NOTED THAT THERE IS A STATUTORY PROCEEDING FOR THE CLOSING OF ROADS AND IT MIGHT BE MORE TIMELY TO WAIT FOR THE OPENING OF 8TH STREET PRIOR TO THE CLOSING OF 6TH AVENUE. COMMISSIONER LYONS COMMENTED THAT HE IS ONLY DOING THIS TO PUT EVERYONE ON PUBLIC NOTICE THAT WHEN 8TH STREET IS OPENED, 6TH AVENUE WILL BE CLOSED. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER Loy, THAT IT IS THE INTENTION OF THE BOARD OF COUNTY COMMIS- SIONERS TO CLOSE THE INTERSECTION AT 6TH AVENUE AND U.S. I WHEN THE NEW ROAD BETWEEN 6TH AVENUE AND U.S. I AT 8TH STREET IS OPEN FOR TRAFFIC. COMMISSIONER WODTKE ASKED IF IT WILL ELIMINATE ALL THE PROCEDURE IF WE JUST ANNOUNCE THAT 6TH AVENUE WILL DEAD END AT THAT PARTICULAR SPOT. HE FELT WE ARE NOT REALLY CLOSING 6TH AVENUE, ATTORNEY COLLINS DID NOT FEEL THERE IS ANY SUBSTANTIAL DIFFERENCE. all J U L 3 0 1990 ma 44 `pecX45 I JUL 3 01990 -I 600K 44 PAG446 COMMISSIONER LYONS STATED THAT HE WOULD AMEND HIS MOTION TO STATE THAT IT IS THE INTENT OF THE BOARD THAT 6TH AVENUE WILL DEAD-END AT U.S.1 WHEN 8TH STREET IS OPENED UP, AND COMMISSIONER LOY AGREED. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. COMMISSIONER LYONS REQUESTED THAT THE PLANNING DEPARTMENT BE INSTRUCTED TO INCLUDE THE PROPOSED PLAN FOR 8TH STREET ON THE PLANNING MAP. COMMISSIONER LYONS NEXT WISHED TO AUTHORIZE THE ADMINISTRATOR TO GET THE SIGNALIZATION AT U.S. 1 AND 8TH STREET CHANGED FROM THAT REQUIRED FOR A "T" INTERSECTION. COMMISSIONER LOY FELT WE SHOULD JUST LET THE ADMINISTRATOR CHECK UP ON THE PROPER WAY TO HANDLE THIS, AND COMMISSIONER LYONS AGREED, NOTING THAT HE JUST WANTED IT ALL TIED UP IN ONE PACKAGE. DISCUSSION RE BIDS RECEIVEDJULY 29TH FOR CONSTRUCTION AT WABASSO BEACH PARK, PHASE A SENIOR PLANNER DAVID MARSH AND ENGINEER .JOHN ROBBINS WERE PRESENT AND EXPLAINED THAT THESE BIDS ON PHASE A WERE JUST RECEIVED YESTERDAY. MR. MARSH INFORMED THE BOARD THAT PHASE A INCLUDES THE BOARDWALK, TWO ADDITIONAL WALKOVERS, THE GAZEBO, THE LIFEGUARD STAND, AND THE ADDITIONAL RAMP FOR THE HANDICAPPED. HE NOTED THAT THE BID RECEIVED WAS APPROXIMATELY $15,000 OVER THE ENGINEERING ESTIMATE FOR THAT PORTION OF THE PROJECT. IT ALSO WAS CONSIDERABLY OVER THEIR INITIAL ESTIMATES WHICH WERE DONE APPROXIMATELY A YEAR AGO. HE FELT THE BIGGEST DISCREPANCY IS ON THE BOARDWALK AND GAZEBO PORTION OF THE PROJECT. MR. MARSH STATED THAT HE AND MR. ROBBINS ARE BOTH INDICATING THAT THE COMMISSION MIGHT WANT TO CONSIDER REJECTING THE ONE BID RECEIVED AND READVERTISING. THIS WILL DELAY MATTERS, BUT HE DID NOT BELIEVE IT WOULD BE A CRITICAL DELAY. HE NOTED THAT SINCE IT APPEARS OBVIOUS THAT WE ARE GOING TO GO QUITE A BIT OVER THE $75,000, THIS WOULD GIVE THEM TIME TO GO BACK AND SEE WHAT WE WILL HAVE TO DROP OUT OF THE PROJECT. 5= COMMISSIONER LYONS ASKED IF THERE HAS BEEN ANY DISCUSSION WITH THE CONTRACTOR AS TO WHETHER OUR SPECIFICATIONS CREATED SOME OF THIS PROBLEM OR NOT. MR. MARSH NOTED THAT THE CONTRACTOR IS HERE, AND THE INDI- CATION IS THAT THE BOND PROCEDURES MIGHT HAVE ADDED SOME TO THIS. HE COMMENTED THAT SINCE THE BID PROCESS HAS BEEN GONE THROUGH AND ONLY ONE BID RECEIVED, HE FELT IT IS PROPER TO NOTE THAT THE CONTRACTOR HAS GONE BACK AND REFIGURED AND IS READY TO DISCUSS A REDUCED COST IF THE BOARD WANTS THIS. COMMISSIONER LYONS BELIEVED THAT THIS IS NOT THE PLACE TO REDO THE BIDS - THAT IT SHOULD BE DONE BY STAFF. ASSISTANT ADMINISTRATOR NELSON STATED THAT ALL THE BOARD HAS TO DO IS REJECT THE BID, AND ADMINISTRATOR .JENNINGS AGREED THAT THE "3 R's" ARE "REJECT, REVISE AND READVERTISE." HE POINTED OUT THAT IF THE SPECIFICATIONS HAVE SOME AFFECT ON THIS IT CAW ALL BE DISCUSSED BEFORE FOLLOWING THROUGH WITH THE ADVERTISEMENT SO THAT WHEN YOU GET THE NEW BIDS, YOU CAN HAVE THESE THINGS IRONED OUT, MR, JENNINGS POINTED OUT THAT WHEN NEW BIDS ARE RECEIVED, IF THEY ARE STILL NOT SATISFACTORY, WE STILL HAVE THE CAPABILITY OF BUILDING THIS WITH THE ROAD AND BRIDGE DEPARTMENT CREWS. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER DEESON, TO REJECT, REVISE AND READVERTISE THE BIDS RECEIVED FOR PHASE A OF THE WABASSO BEACH PARK IMPROVEMENTS. CHAIRMAN SIEBERT QUESTIONED WHETHER IT WAS NECESSARY TO READVERTISE RATHER THAN JUST NEGOTIATE. ATTORNEY COLLINS ADVISED THAT BECAUSE OF THE NATURE OF THE WORK, IT WAS NECESSARY TO REBID; IT IS A CAPITAL IMPROVEMENT AND THE STATUTES REQUIRE IT. HE FELT IF THERE SHOULD BE JUST ONE BIDDER AGAIN, THEN YOU CAN NEGOTIATE IF YOU CAN T DO ANY BETTER, DISCUSSION FOLLOWED ON THE TIMETABLE FOR THE ADVERTISEMENT, AND ADMINISTRATOR JENNINGS SUGGESTED THAT THE SAME AD BE PLACED IN THE NEWSPAPER BY 5:00 O'CLOCK TONIGHT IN ORDER TO MEET THE TIMEFRAME, AND THEN THE SPECIFICATIONS CAN BE REVISED DURING THE NEXT WEEK, THIS CAN BE DISCUSSED WITH THE CONTRACTOR, AND YOU CAN KEEP ON MOVING. J U L 3 01990 52 neo 44 PAjL -14 -I JUL 301980 Bog 44 PALE x.48 THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY,, REQUEST FOR TENTATIVE APPROVAL OF SHADY OAKS SUBDIVISION — AGREED TO BRIDGE AT 12TH STREET — PLAN TO COME BACK FOR APPROVAL THE FOLLOWING MEMO WAS RECEIVED FROM THE PLANNING DEPARTMENT IN REGARD TO TENTATIVE APPROVAL OF SHADY OAKS SUBDIVISION: i July 17, 1950 MEMO TO: Jack Jennings, County Administrator FROM: Vickie Renna ,Planner SUBJECT: Shady Oaks Subdivision Shady Oaks Subdivision is tentatively being presented before the Board of County Commissioners at the request of the developer after two Technical Review Committee meetings (as shown by the included minutes). The developer has to make the following changes: 1) Dimension the lots so they calculate out to 1/2 acre. 2)-- Provide 50' right-of-way on Kelley Road. 'Presently these changes are shown on the tentative plat in ink and initialled by the developer. These changes must be made on the original and changed before the final plat will be accepted. 3) Staff recommends that the proposed bridge be located at the intersection of 43rd Avenue and Kelley Road. Staff foresees that in the future Kelley Road will be a main road connecting 43rd Avenue with U.S.#1, which means that the County will eventually have to put a bridge in at the intersection. The main question that will be addressed at the County Commission meeting is: Why should the developer put in a bridge 610' north of the intersection of Kelley Road and 43rd Avenue when the County will eventually have to put in a bridge at the corner of 43rd Avenue and Kelley Road? Shouldn't tfe developer locate his bridge at the inter- section of 43rd Avenue and Kelley Road? SENIOR PLANNER DAVID MARSH INFORMED THE BOARD THAT THE PROPOSED PROJECT CALLS FOR THE DEVELOPMENT OF SO LOTS (SIX ONE ACRE LOTS AND 44 HALF—ACRE LOTS) OFF OF 43RD AVENUE JUST NORTH OF KELLEY ROAD. THE SUBDIVISION PLAT INDICATES THE ROADS WOULD BE PRIVATE ROADS, WITH PROVISION FOR PUBLIC UTILITIES AND DRAINAGE EASEMENTS. MR. MARSH STATED THAT THE LOT SIZES NOW DO CONFORM TO THE ORDINANCE AND THE ROAD SPECIFICATIONS AS WELL. THE BIGGEST CONTROVERSY IS IN REGARD TO A METHOD OF ALLOWING FOR INGRESS AND EGRESS TO THE SUB- DIVISION AS OPPOSED TO GOING THROUGH GROVENOR ESTATES FROM OSLO ROAD BACK INTO THIS PROPERTY. HE CONTINUED THAT THE DEVELOPER HAS AGREED TO PUT IN A BRIDGE ON THE 12TH STREET EXTENSION TO PROVIDE CENTRAL ACCESS TO HIS SUBDIVISION; HE WISHES TO DO THIS IN LIEU OF PAVING HALF STREETS ON KELLEY ROAD. THE STAFF AGREED, IN TERMS OF THE DEVELOPER S INTEREST AND THAT OF HIS SUBDIVISION, THAT THE 12TH STREET LOCATION WOULD BE THE BEST SPOT FOR THE BRIDGE; HOWEVER, IN TERMS OF FUTURE PLANNING AND THOROUGHFARES, THEY QUESTION THE 12TH STREET LOCATION AND FEEL THE BRIDGE SHOULD BE AT KELLEY ROAD INSTEAD, SINCE THEY RECOMMEND KELLEY ROAD AS A FUTURE COLLECTOR FOR THE SOUTH COUNTY AREA. COMMISSIONER LYONS INQUIRED ABOUT THE WIDTH..,_OF THE RIGHT- OF-WAY ALONG KELLEY ROAD. MR. MARSH EXPLAINED THAT THEY WOULD REQUIRE A 50' RIGHT-OF- WAY TO BE DEDICATED BY THIS APPLICANT BASED ON THE FACT THAT OUR THOROUGHFARE PLAN DOES CALL FOR THAT TO BE A COLLECTOR.ROAD IN THE FUTURE. FIFTY FEET IS NOT SUFFICIENT, BUT OUR POLICY IS THAT WE GET 50' FROM THIS APPLICANT AND THEN 50' FROM THE ONE ON THE OTHER SIDE. PLANNING DIRECTOR REVER DISCUSSED THE PROBLEM ARISING FROM THE FACT THAT INDIAN RIVER DRAINAGE DISTRICT OWNS THE CANAL RUNNING ALONG KELLEY ROAD AND FELT EVENTUALLY WE MAY HAVE TO WORK OUT A SCHEME WITH FUTURE DEVELOPERS TO ACQUIRE MORE THAN THE AVERAGE AMOUNT OF RIGHT-OF-WAY BECAUSE OF THE CANAL, COMMISSIONER LYONS WISHED TO ENCOURAGE THE PLANNERS TO LOOK AHEAD, PARTICULARLY WITH REGARD TO THE DRAINAGE STUDY, BUT NOTED THAT HERE IS A SITUATION WHERE THE SUBDIVISION ONLY PLACES A SMALL PART OF THE LOAD ON KELLEY ROAD. HE FELT WE SHOULD LOOK MORE CLOSELY AT THE PRESENT AND STATED THAT HE PERSONALLY WOULD NOT VOTE TO HOLD THE DEVELOPER TO PUTTING THE BRIDGE AT KELLEY ROAD AND 43RD AVENUE. 54 JUL 301980 Boa 44 mu 149 I JUL 3 01980 mox 44 mcE x.50 MR. REVER FELT THIS WOULD MEAN THAT THERE WOULD HAVE TO BE TWO BRIDGES AT SOME TIME IN THE FUTURE, AND MR. MARSH STATED THAT HE WANTED TO BE IN THE POSITION IN THE FUTURE TO TRADE OFF RIGHT-OF-WAY WITH THE DRAINAGE DISTRICT AND POSSIBLY MOVE THE CANAL. CHAIRMAN SIEBERT DID NOT FEEL IT WOULD BE A SIMPLE THING TO MOVE A CANAL. MR. MARSH COMMENTED THAT WE HAVE MANY SUBDIVISIONS THROUGH- OUT THE COUNTY WHERE THERE IS NOT ANY CONNECTION, AND BASED ON THE MURPHY ACT, THE SECTION LINES AND CANAL RIGHTS-OF-WAY APPEAR IN THEIR ESTIMATION TO BE THE MOST REASONABLE WAY OF OBTAINING ADEQUATE RIGHT- OF-WAY FOR THE FUTURE. COMMISSIONER LYONS INQUIRED ABOUT THE COST OF BUILDING THE BRIDGE. THE ADMINISTRATOR FELT IT COULD AMOUNT TO $50,000460,000 DEPENDING ON THE TYPE OF BRIDGE, AND THE DEVELOPER STATED THAT HE GOT A BID OF $58,000. ADMINISTRATOR .KENNINGS COMMENTED THAT THE DRAINAGE DISTRICT HAS 60' OF RIGHT-OF-WAY, AND WHEN YOU SAY YOU ARE GETTING 50' FROM THE DEVELOPER, YOU REALLY ARE GETTING ONLY 20' BECAUSE THE DRAINAGE DISTRICT OWNS 30' OF IT. HE FELT THAT THE PLANNERS DO HAVE A POINT IN THAT IN THE FUTURE YOU WOULD HAVE TO GO ON THE SOUTH SIDE OF THE CANAL AND GET AN ADDITIONAL 50' IF YOU ARE GOING TO DOUBLE LANE THAT ROAD. THE ADMINISTRATOR NOTED THAT THE BRIDGE THE DEVELOPER WISHES TO PUT IN TO ENTER THE CENTER OF HIS SUBDIVISION IS A SORT OF ORNAMENTAL BRIDGE TO MAKE AN ATTRACTIVE ENTRANCE. IT WOULD HAVE TO HAVE AN APPROVED LOADING, BUT WOULD BE A PRIVATE BRIDGE AND THE COUNTY WOULD NOT BE RESPONSIBLE FOR ITS UPKEEP OR MAINTENANCE. HE AGREED WITH THE PLANNER THAT SOMEDAY KELLEY ROAD WILL HAVE A BRIDGE, AND IF THAT IS GOING TO BE A MAIN ARTERY, IT WILL BE NECESSARY TO HAVE RIGHT-OF-WAY ON EACH SIDE OF THE CANAL. HE POINTED OUT THAT YOU HAVE TO THINK ABOUT THE TOTAL LENGTH OF KELLEY ROAD. MR. REVER STATED THAT HE UNDERSTOOD THAT IF THEY PUT IN THE BRIDGE, THEY WILL DO AWAY WITH ACCESS INTO GROVENOR ESTATES. 55 THE DEVELOPER AGREED THE ACCESS WOULD BE THERE FOR THE FUTURE, BUT WOULD NOT BE OPENED UP. MR. REVER NOTED THAT THE DRAWING WOULD HAVE TO BE AMENDED. DISCUSSION AROSE ABOUT PAVING THE HALF ROAD ON 39TH AVENUE, AND MR. REVER COMMENTED THAT THE DEVELOPER IS PROPOSING TO PUT IN THE BRIDGE IN LIEU OF PAVING THE HALF ROADS. COMMISSIONER Loy POINTED OUT THAT IT IS THE DEVELOPER WHO WANTS THE BRIDGE TO GET INTO HIS SUBDIVISION, AND SHE DID NOT SEE WHY WE SHOULD GIVE UP HAVING THE HALF ROADS PAVED IN LIEU OF THEM PUTTING IN THE BRIDGE. ADMINISTRATOR JENNINGS NOTED THAT THE DEVELOPER IS REQUIRED TO PAVE THE HALF ROADS. HIS RECOMMENDATION, HOWEVER, WAS THAT THE DEVELOPER PUT UP THE COST FOR DEVELOPING THE HALF ROAD IN ESCROW AND GO AHEAD WITH THE REST OF THE DEVELOPMENT. HE FELT TO PAVE THAT NOW WOULD SERVE NO REAL PURPOSE AND THAT IT IS BETTER TO _GRADE IT OUT UNTIL SUCH TIME AS YOU CAN PAVE ALL THE WAY THROUGH GROVENOR ESTATES, BUT IN THE MEANTIME, THEY WOULD HAVE FULFILLED THE REQUIREMENTS OF THE SUBDIVISION REGULATIONS BY PAYING FOR THEIR PART. COMMISSIONER LYONS ASKED IF 39TH AVENUE GETS PAVED HALF WAY, AND MR. MARSH STATED THAT IT WOULD BE THE SAME THING. MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER WODTKE, THAT THE DEVELOPER NOT BE REQUIRED TO PUT THE BRIDGE AT KELLEY ROAD AND 43RD AVENUE AND THAT WE AGREE TO A BRIDGE AT 12TH STREET AND 43RD AVENUE AND THAT THE PLAT COME BACK FOR APPROVAL WITH THE NECESSARY CHANGES SHOWN. COMMISSIONER WODTKE DISCUSSED CALCULATION OF THE LOTS, AND COMMISSIONER LYONS FELT THIS SUBDIVISION SHOULD COME BACK TO THE NEXT MEETING FOR TENTATIVE APPROVAL. MR. MARSH BROUGHT UP THE RECOMMENDATION THAT THE BOND BE ESTABLISHED IN LIEU OF THE HALF ROADS, AND COMMISSIONER LYONS NOTED THAT THE BOARD IS NOT SUPPOSED TO ANSWER THESE QUESTIONS AT THE MEETING; THE PLANNING DEPARTMENT SHOULD COME TO THE BOARD*WITH THESE MATTERS WORKED OUT. 56 JUL 3 01980 Boos 44 151 JUL 3 01980 aw 44 FAA52 MR. MARSH POINTED OUT THAT THE PLANNING DEPARTMENT DOES NOT HAVE THE AUTHORITY TO WAIVE THE HALF ROADS IN LIEU OF THE BRIDGE; AND CHAIRMAN SIEBERT STATED THAT THE BOARD IS TELLING THEM NOT TO. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. IENTATIVE APPROVAL OF WEST LAKE PARK SUBDIVISION - REJECTED CHAIRMAN SIEBERT ASKED IF THE PLAT THE BOARD HAS BEFORE THEM MEETS THE SUBDIVISION REQUIREMENTS. SENIOR PLANNER MARSH STATED THAT IT DID WITH THE EXCEPTION OF THE ITEMS SET OUT IN THE FOLLOWING MEMO FROM PLANNER RENNA, WHO HAS SINCE LEFT THE EMPLOY OF THE COUNTY: July 23, 1980 MEMO TO: Jack Jennings, County Administrator FROM: `Vickie Renna, Planner SUBJECT: West Lake Park Subdivision West Lake Park Subdivision is tentatively being presented before the Board of County Commissioners at the request of the developer after two Technical Review Committee meetings (as shown'by.the included minutes). The developer has to make the following changes; 1) Dimension and scale the lots so they calculate out to 1/2 acre. 2) Indicate 70' lot line (for lots 3 and 4) minimum width for R-1 zoning." 3) Change a drafting error along 2nd Street. These changes have been made on the plan and initialed by the developer; however, these changes have to be made on the original and changed before the final plat will be accepted. MR. MARSH INFORMED THE BOARD THAT THIS SUBDIVISION HAS BEEN THROUGH THE TECHNICAL REVIEW COMMITTEE TWICE AND HAS NOW BEEN IN-HOUSE QUITE SOME TIME. THE DEVELOPER INSISTED IT BE PUT ON THE AGENDA, AND ON THE BASIS OF THE DEVELOPER'S INSISTENCE AND BECAUSE OF ALL THE TIMES IT HAS COME BACK AND HAS HAD CHANGES, THIS WAS DONE. CHAIRMAN SIEBERT STATED THAT IF A SUBDIVISION DOESN'T MEET REGULATIONS, IT DOESN'T MEET THEM, AND IT SHOULD NOT BE ON THE AGENDA. COMMISSIONER LYONS AGREED THAT IT IS NOT THE BOARD'S JOB TO REDO THESE THINGS. MR. MARSH BELIEVED THAT THE DEVELOPER WISHED TO APPEAL THE REQUIREMENT TO PAVE THE HALF ROAD. IN FURTHER DISCUSSION, IT WAS NOTED THAT THIS HAS BEEN IN AND OUT OF THE PLANNING DEPARTMENT FOR APPROXIMATELY FIVE MONTHS, CHAIRMAN SIEBERT COMMENTED THAT APPARENTLY THEY DON'T WANT TO FOLLOW OUR REGULATIONS, AND SENIOR PLANNER MARSH FELT THAT IS THE BOTTOM LINE. HE CONTINUED THAT THE DEVELOPER SAYS THEY DON'T WANT TO AND WON'T PUT IN THE HALF ROAD. OUR REGULATIONS CALL FOR IT. HE DID NOT KNOW IF THE COMMISSIONERS CAN WAIVE THIS REQUIREMENT, BUT HE DID KNOW THAT PLANNING CAN'T. COMMISSIONER WODTKE WAS OF THE OPINION THAT THE DEVELOPER WILL EITHER HAVE TO PUT IN THE HALF ROAD OR PUT THE COST OF DOING SO IN ESCROW SINCE THAT IS OUR POLICY. CHAIRMAN SIEBERT STATED THAT MEETING THE SUBDIVISION REGULA- TIONS IS THE REQUIREMENT OF THE DEVELOPER AND THE ENGINEER. IF THE DEVELOPER CAN'T MEET THEM, PLANNING SHOULD JUST SAY IT WILL BE DIS- APPROVED BECAUSE IT DOES NOT MEET REGULATIONS; OTHERWISE, THE COMMISSION ENDS UP ENGINEERING ALL THESE SUBDIVISIONS. ADMINISTRATOR JENNINGS COMMENTED THAT ANY ENGINEER IN THE COUNTY SHOULD KNOW WHAT THESE REGULATIONS ARE SINCE THEY WORK WITH THEM EVERY DAY. HE FELT WHEN THEY GO TO THE PLANNING OFFICE AND GET INTO ALL THESE DISCUSSIONS, IT SEEMS TO GET OFF TRACK SOMEHOW. IT WAS NOTED THAT POSSIBLY THESE PARTICULAR ENGINEERS ARE NOT LOCAL. COMMISSIONER WODTKE NOTED THAT GENERALLY ANYTHING BROUGHT BEFORE US FOR TENTATIVE OR FINAL APPROVAL IS BROUGHT BEFORE US WITH 58 JUL 3 0 1980 BOOK 44 fAGF 153 _I JUL 3 01980 Bou 44 PAGE x.54 THE REPRESENTATIONS OF THE CONSULTANTS, THE ENGINEERS, ETC., AND PERHAPS THESE PEOPLE SHOULD BE ADVISED THAT THEY SHOULD BE AT THE MEETING. MR. MARSH STATED THAT THEY WERE INFORMED. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY DENIED TENTATIVE APPROVAL FOR WEST LAKE PARK SUBDIVISION SINCE IT DOES NOT MEET THE CONDITIONS OF THE SUB— DIVISION ORDINANCE. TENTATIVE APPROVAL OF TERESA JUNE SUBDIVISION — TO GO BACK TO PLANNING FOR REVIEW OF PLAN #1 BY PLANNING STAFF. SENIOR PLANNER MARSH INFORMED THE BOARD THAT THE SUBJECT PROPERTY CONSISTS OF APPROXIMATELY 10-1/2 ACRES OF LAND ZONED BOTH C-1 AND R-1 LOCATED BETWEEN OSLO ROAD AND EMERSON VILLAS, THERE IS AN ABANDONED MOBILE HOME SUBDIVISION, THE OLD GRENVIEW GARDENS, LOCATED TO THE WEST OF THIS PROPERTY. THE DRAINAGE FOR THE SUBDIVISION WAS DESIGNED TO RUN TO THE CENTER SWALE, AND THE DEVELOPER HAS COMPLIED WITH ALL SUBDIVISION REGULATIONS. HE COMMENTED THAT THIS, HOWEVER, DOES NOT MEAN THAT THIS IS NOT CONTROVERSIAL. MR. MARSH CONTINUED THAT THE TECHNICAL REVIEW COMMITTEE DID REQUEST THE DEVELOPER TO SUB— MIT A NEWLY DESIGNED PLAN; HE ORIGINALLY HAD CUL DE SACS, BUT THE TRC FELT THAT THE ALIGNMENT OF 31ST AVENUE AND EMERSON VILLAS WAS SUCH THAT A HALF ROAD TO BE PROVIDED BY THE DEVELOPER ON THE WEST SIDE AND A HALF ROAD ON THE PROPERTY ADJACENT WOULD SERVICE THE ENTIRE AREA. HE NOTED THAT THE DEDICATIONS ARE 50' ON OSLO ROAD AND 35' ON THE PROPOSED 1/2 ROAD ON 7TH STREET S.W. AND 30' ON THE TWO HALF ROADS ON THE EAST AND WEST. .JAMES BEINDORF, ENGINEER, WAS PRESENT REPRESENTING THE DEVELOPER OF TERESA .JUNE SUBDIVISION. HE INFORMED THE BOARD THAT THEY HAVE REDESIGNED THE SUBDIVISION; LEFT THE BUFFERS REQUIRED BETWEEN C-1 AND R-1 AND GAVE THE ADDITIONAL RIGHT—OF—WAY FOR OSLO, AND THEY ARE READY TO PROCEED AND WISH TENTATIVE APPROVAL. COMMISSIONER WODTKE ASKED IF THE HALF ROAD WOULD LINE UP OR IF IF WOULD CREATE A JOG, AND THE PLANNING DIRECTOR STATED THAT IT WOULD LINE UP. ATTORNEY CHESTER CLEM AND ENGINEER DEAN LLJETHJE CAME BEFORE THE BOARD REPRESENTING THE OWNERS OF THE ADJACENT GRENVIEW GARDENS SUBDIVISION, WHICH IS ZONED R -IMP. ATTORNEY CLEM STATED THAT THEY DO NOT HAVE ANY REAL ARGUMENT WITH THE TERESA .JUNE SUB- DIVISION UNLESS IT AFFECTS THEIR SUBDIVISION, AND HE BELIEVED THE REDESIGN TO ALLOW FOR THE HALF ROAD WOULD POSE A PROBLEM IN THAT IT WOULD RESULT IN THE HOMES IN THE SUBDIVISION AND THE UNITS IN THE MOBILE HOME PARK DIRECTLY FACING EACH OTHER ACROSS THE STREET, WHICH CERTAINLY IS NOT DESIRABLE. MR. CLEM NOTED THAT IT IS IMPERATIVE TO HAVE A CENTER OPENING FOR A MOBILE HOME PARK AND INFORMED THE BOARD THAT THEY PREVIOUSLY SUBMITTED A CONCEPTUAL PLAN SHOWING HOW THEY ANTICIPATE OPENING THE MOBILE HOME SUBDIVISION ONTO OSLO ROAD. HE DID NOT AGREE THAT THE REDESIGN INCORPORATING THE HALF ROAD AS REQUESTED BY THE PLANNING DEPARTMENT IS AN EXAMPLE OF GOOD PLANNING. DEAN LUETHJE PRESENTED AN AERIAL OF THE PROPERTY UNDER DISCUSSION AND STATED THAT THEY ARE NOT REALLY AGAINST THE PROPOSED SUBDIVISION OR PUTTING IN THE HALF ROADS DOWN EITHER SIDE IF THE MOBILE HOME SUBDIVISION CAN BE LEFT ALONE. HE BELIEVED, HOWEVER, THAT THE PLANNING DEPARTMENT IS NOW TELLING GRENVIEW GARDENS THAT THEY WILL HAVE TO GIVE AN ADDITIONAL 30' OF RIGHT-OF-WAY AND THEN SET BACK AN EXTRA 25' FOR A BUFFER ZONE. .JAMES BEINDORF SHOWED THE BOARD THE FIRST PLAN FOR TERESA .JUNE SUBDIVISION WHICH HAD TWO CUL-DE-SACS TO ALLOW FOR SEPARATION OF THE TWO ZONINGS CONTAINED IN THE SUBDIVISION. CHAIRMAN SIEBERT FELT THAT WITH PART OF THE PROPERTY ZONED COMMERCIAL AND PART RESIDENTIAL, THE FIRST PLAN IS THE BETTER PLAN, PARTICULARLY IF THE ADJACENT PROPERTY IS GOING TO BE A MOBILE HOME PARK. HE AGREED THAT WE NEED RIGHT-OF-WAY, BUT NOT IF IT CREATES MORE PROBLEMS THAN IT SOLVES, AND HE BELIEVED WE ARE BECOMING SO INTENT ON GETTING ROADS THROUGH THAT WE ARE OVERLOOKING THE BEST WAY TO DEVELOP PROPERTY. MR. MARSH NOTED THAT EVEN THOUGH THE ADJACENT PROPERTY IS ZONED R -IMP, PLANNING DOES NOT REALLY KNOW WHAT IS GOING IN THERE. JUL 301980 60 r"09 44 *455 JUL 3 01980 Boox 44. PAGE 156 COMMISSIONER LYONS ASKED WHEN THIS MOBILE HOME PARK IS " GOING TO BE READY TO GO FOR SITE PLAN APPROVAL, AND MR. LUETHJE FELT WITHIN THE NEXT 45 DAYS. COMMISSIONER LYONS NOTED THAT WE ARE BASING OUR REASONING ON THE PREMISE OF THE MOBILE HOME PARK, HE FELT THAT THE PLANNER HAS A PERFECT RIGHT TO SAY THAT THE ORAL AGREEMENT THAT THIS IS TO BE A MOBILE HOME PARK DOESN'T GUARANTEE ANYTHING, AND UNTIL WE ACTUALLY KNOW THERE IS A MOBILE HOME PARK THERE, IT IS HARD TO SEE HOW WE CAN TAKE IT INTO ACCOUNT. CHAIRMAN SIEBERT NOTED THAT THE PROPERTY IS PRESENTLY ZONED R-1MP SO HE DID NOT SEE HOW CAN YOU NOT TAKE IT INTO CONSIDERATION. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS- SIONER DEESON, THAT TENTATIVE APPROVAL BE GRANTED TO PLAT #1 OF TERESA JUNE SUBDIVISION, DATED APRIL 3, 19801 SUBJECT TO REVIEW BY THE PLANNING STAFF. COMMISSIONER DEESON CONFIRMED THAT THIS IS THE PLAN CALLING FOR THE TWO CUL DE SACS. HE STATED THAT HE DOES NOT, AS A RULE, LIKE TO GO AGAINST THE PLANNER'S RECOMMENDATION, BUT HE DID NOT KNOW THAT THE TRAFFIC FLOW IN THIS AREA IS THAT IMPORTANT. COMMISSIONER LYONS ASKED ABOUT ACCESS ON THE NORTH, AND MR. BEINDORF STATED THAT THERE ARE HALF ROADS THERE. CHAIRMAN SIEBERT STATED THAT HE WOULD VOTE AGAINST THE MOTION BECAUSE HE FELT THEY SHOULD GO THROUGH THE REGULAR PROCEDURE, MR. BEINDORF NOTED THAT THEY WENT THROUGH THE SITE PLAN PROCESS AND THAT WAS THE ONLY NEGATIVE COMMENT. DISCUSSION FOLLOWED AS TO WHETHER IT WOULD CREATE ANY HARD- SHIP FOR THEM TO WITHDRAW AND COME BACK AT A LATER TIME. MR. BEINDORF AGREED THAT NOW THAT HE HAS THE BOARD'S DIRECTION ABOUT WHICH WAY THEY WISH HIM TO GO AND WHICH PLAN TO USE, HE WOULD WITHDRAW THIS REQUEST FROM THE AGENDA TODAY AND GO BACK TO THE SITE PLAN REVIEW COMMITTEE. COMMISSIONER WODTKE WITHDREW HIS MOTION AND COMMISSIONER DEESON WITHDREW HIS SECOND. — S 61 DISCUSSION RE PROPOSED BICYCLE MOTO CROSS TRACK AT KIWANIS-HOBART PARK - BOARD RECOMMENDS CONTACTING KIWANIS CLUB FOR SOLUTION OF PROBLEMS INVOLVED. JOHN MORLEY CAME BEFORE THE BOARD, REPRESENTING THE "4 HILLS BMX PARENTS COUNCIL" TO DISCUSS A BICYCLE MOTO-CROSS TRACK IN KIWANIS- PARK, AS EXPLAINED IN THE FOLLOWING LETTER; June 29, 1980 Vero Beach, Fla, 32960 To: Kiwanis Hobart Park Association Re: Application For Permit to use park land on a permenant basis Dear Sirs; My Name is John F. Morley, and am representing the " 4 Hills 3 -TX Parents Council " formed 5/25/80. Our parents council is guided by, and trill be santioned by the NPSA ( National Pedal Sport association ) vrith their headquarters located in Pinellas Park, Flao a non profit youth organization. The intent of this formal presentation is to request the sponsor- ship of the Kiwanis Organization in our efforts to construct a bicycle Moto - Cross track in Kiwanis Hobart Park for the purpose of holding regularly scheduled meets for our kids of Indian River County, a track they can build and Maintain for many years of safe competive sportsmanship. Our presentation is as follows: Using a portion of land in what is known as Kiwanis Hobart Park, and located directly nodth of the ball field off Kings Highway (58th ave.) The Parents Council as well as volunteers vrill perform the vrork involed to construct the abovenentioned bicycle track. The Parents Council vrill also perform the nessessary labor to erect restroom facilities, and a concession area between the proposed track site, and the existing ball field. The labor to construct this 34X track will not be charged to the county, a reassuring thought in light of their exist-ing workload financially during the upcomi year. The applicant agrees that there will be.n.o changes to grade lines, with the exception of as per attached schetch, or tree removal, or destructic._ to existing property. At the conclusion of each activity, the clean-up of the grounds vrill be supervised by, the Parents Council. If this perriit is granted, it is understood, as per article number five (j) of the c-isting contract, that our Council vrill receive a skotch of park facilities desij;'nating various activity much ac, electrical service, parking areas, toilet location:., firat odd staticns and fire fighting equip- ment. A letter of approval from the Indian lUver County Shbriff�s Dept. is; attached to this; application. our Council vrill work hand in hand vrith the 62 nox 44 - PAG J U L 3 0 X984 E 157 _ _. - -- --- - - --- - - - -- -- --- --- -- -- ---. ---- - - � JUL 3 01880 Bone 44 PuE 1,58 Parr supervisor regarding additional security as the need arises. �!e intend to demonstrate provisions for adequate sanitary facilities meeting the Indian River County health standards. As per sketch, englosed, we could erect nevr facilities near the proposed zi.te, or we will work with the county toward the use of portable sanitary facilities, Water is available close to the proposed site, and if a water test proves to be fit for human consumption, the cost of the project could be greatly reduced.. Also attached to this application is a letter from Forrest Snaith, Fire Chief of Indian River County, and signed by Inspector Bab Bunt. I spoke with them personally and made them aware of the situation prior to any activities being hold on this site regarding the general public. The volunteer ambulance squad will be notified as to time and location of all major events. Any temporary signs designating directions or parking regulations and general rules for the use of the area, vrill conform to park regulations, Signs of a temporary nature vrill be taken down and stared away upon completion of each days events. It is requested that upon issuance of this permit, that the Parents Council be granted permission to erect a sigm of a permanaAt nature indicating the name of the activity in question. The Parents Council requests the name rr 4 Hills H,'1X Track 11 be given to this area. Attached to this application is proof of liability insurance covering each rider using these facilities. Also enclosed in this application is a liability insurance sanction form covering each days event for the use of said land up to $ 300x000. Since our parents Council is newly formed, and operating with no funds, we request that in light of the fact that vie are endeavoring to create a totally neer -porting event in this area, that the cash bond required be tivQlved. chis 3iIX tract. is for fair, healthy, competative sport0manship for all kids. If this activity is maintained and operated in accordance of the rules of the IPSA ( National Ped61 Sport Association ) all of our kids will be vrorl:ing toward recocnized improvoment, and advancement in a qualified merit syste:a. Their individual records vrill be kept on file by, the :11"SA in Pinellas Park Fla; and they vrill be ccmpetine in races using a national permit card. This rerait card may be used to enter any NPSA racing event in the U.S. & Canada* ihclosed please find sketch of proposed B:.IX track and staging areas, spectator area, restroom facilities, and concession aroaa. Also a list of =aterials needed for the track only. ''e thank you for considerinC; this application, and look forward to hearing :rcm you in the near future. Re:;pectfully sub:ritted, John F. Morley MATERIAL LIST (TRACK ONLY) 20 LOANS OF MARL 2 LOADS OF RED CLAY 200 LIN. FT. 2X4 CONCRETE FORMS STAKES FOR RAMP CONSTRUCTION 150 LIN. FT. 6X6 WIRE MESH 8 CUBIC YARDS CONCRETE (2500 PSI) _I �ER M NIS 14 Q � �����<�� •N1 = ,�f���J,r,�,1y~J,.w��lt�7�/r}t,-�/�,'��t•//.rp ® � �, Q 1�� e BC)IV MY P40 PS UP OPP O ® 0 ; TIRES OR ON Cv ;")may f �' e ,,•,,�� .::®� �N• fSS -�-�y i /jam AIDE FU FUN A/5 /(//may" TRAcK, JUL 3 01990 P-ooK 44 ptGE159 Cc lu w JUL 301980 BooK 44 pAu i6Q MR. MORLEY INFORMED THE BOARD THAT THEY HAVE DECIDED NOT TO CONSIDER A CONCRETE RAMP RIGHT IN THE BEGINNING SO THEY WILL, THEREFORE, NEED ONLY THE FIRST TWO ITEMS ON THE MATERIALS LIST. HE CONTINUED THAT SINCE TALKING TO COORDINATOR THOMAS AND ASSISTANT ADMINISTRATOR NELSON, HE HAD COME TO THE CONCLUSION THAT IT WOULD BE BETTER IF THE COUNTY WOULD CONSIDER FENCING IN THIS TRACT WITH A 6' HIGH FENCE. THIS WOULD REQUIRE 600' OF FENCING, AND MR. MORLEY STATED THAT HE HAD OBTAINED AN ESTIMATE FROM HERCULES EQUIPMENT CO. OF $2150 PER FOOT INSTALLED FOR THE FENCING. HE EXPLAINED THAT THE MARL REQUESTED WOULD BE THE BASE OF THE TRACK AND THE RED CLAY WOULD BE USED TO DRESS THE TRACK BEFORE EACH RACE. THESE RACES ARE PURELY PEDAL POWER. MR. MORLEY NOTED THAT THERE ARE ABOUT 35 TRACKS IN FLORIDA, AND THE CLOSEST ONE IS IN NORTH PALM BEACH, HE HAS BEEN AUTHORIZED BY THE NATIONAL PEDAL SPORT ASSOCIATION (NPSA) TO SEE IF HE CAN T GET A TRACK IN THIS AREA, MR. MORLEY THEN REAFFIRMED THAT THE 4 HILLS BMX PARENTS COUNCIL WILL DO ALL THE WORK TO ERECT THE TRACK AND MAINTAIN IT AS SET OUT IN HIS LETTER, AND THE KNIGHTS OF COLUMBUS WILL ERECT AND OPERATE A CONCESSION STAND FROM WHICH THE COUNCIL CAN REALIZE A PORTION OF THE PROFITS. HE INFORMED THE BOARD THAT THE TOTAL INITIAL OUTLAY, INCLUDING THE FENCING WOULD BE ABOUT $2,500. MR. MORLEY THEN EXPLAINED THAT THE CHILDREN CAN PURCHASE A NATIONAL PEDAL SPORT ASSOCIATION CARD - THEY DONT HAVE TO HAVE THE CARD TO RACE, BUT DO HAVE TO HAVE THE LIABILITY FORM SIGNED IF THEY ARE UNDER 18. NO ONE WOULD EVER RACE OR PRACTICE ON THE TRACK UNLESS THEY ARE TOTALLY INSURED. HE STATED THAT THEY WISHED TO RACE EVERY SUNDAY, AND HE BELIEVED THE KIDS WOULD BE WAITING SIX DAYS FOR EVERY SUNDAY TO COME AROUND. COMMISSIONER LYONS ASKED IF THIS IS ALL NON -MOTORIZED, AND MR. MORLEY CONFIRMED THAT IT IS - MOTORCYCLES WOULD TEAR UP THE TRACK COMPLETELY. CHAIRMAN SIEBERT AND COMMISSIONER LYONS BOTH STATED THAT THEY WOULD LIKE TO SEE THIS PROJECT ENCOURAGED. 65 CHAIRMAN SIEBERT _I STATED THAT HE SUPPORTED THE USE OF THE LAND, BUT FELT THAT THE MONEY FOR THE IMPROVEMENTS AND MAINTENANCE SHOULD BE RAISED PRIVATELY AND NOT PAID FOR BY THE COUNTY. MR. MORLEY NOTED THAT BILL COOK, KIWANIS—HOBART PARK SUPERINTENDENT, FELT THIS WOULD BE A GOOD ADDITION TO THE PARK, AS WELL AS 700 OR 800 OTHER PEOPLE HERE IN VERO BEACH. CHAIRMAN SIEBERT COMMENTED THAT IF THAT IS S0, IT WOULD ONLY COST ALL THOSE PEOPLE $3.00 OR $4.00 APIECE. HE POINTED OUT THAT THE SOCCER PROGRAM AND VARIOUS OTHER SPORT PROGRAMS PAY THEIR OWN WAY. COMMISSIONER LOY ASKED IF THERE IS ANY CHANCE THAT THIS TRACK COULD BE USED IN THE FUTURE FOR MOTORIZED RACING, AND MR. MORLEY EXPLAINED THAT IT IS NOT DESIGNED FOR THAT; IT WOULD RUIN THE TRACK AND WOULD BE DANGEROUS FOR THE MOTORCYCLIST AS WELL. COMMISSIONER LOY NOTED THAT IS WHY SHE IS SO CONCERNED ABOUT THE LIABILITY. MR. MORLEY STATED THAT IS WHY THEY WISH TO HAVE THE 6' FENCE ENCLOSING THE ENTIRE TRACK. HE REPORTED THAT THE NPSA IS THE SANCTIONING BODY, AND THEY WILL INSURE THE TRACK FOR $300,000. ON TOP OF THAT, EACH RIDER WOULD PAY A 20� FEE, AND WOULD BE PERSONALLY INSURED FOR $10,000. THERE ALSO WOULD BE A RACING FEE, WHICH IT WOULD BE UP TO THE TRACK OFFICIALS TO SET, WORKING IN COOPERATION WITH THE HOBART-KIWANIS CLUB. COMMISSIONER WODTKE ASKED WHERE THIS FEE WOULD G0, AND MR. MORLEY EXPLAINED THAT A PORTION HAS TO GO BACK TO THE NATIONAL ASSOCIATION FOR THEIR BOOKWORK, TROPHIES, ETC, HE NOTED THAT THERE IS QUITE A LENGTHY LIST OF MATERIALS NECESSARY TO RUN THE RACES - SCOREPADS, TABLES, ETC. HE FELT THE FEES WOULD RUN $2.50 TO $4.00, DEPENDING ON WHETHER IT WAS A CHAMPIONSHIP RACE OR JUST A LOCAL RACE, COMMISSIONER WODTKE NEXT DISCUSSED THE KNIGHTS OF COLUMBUS CONCESSION STAND AND FELT IT IS NOT BASICALLY THAT SIMPLE FOR THE COUNTY TO HAVE SOMEONE SET UP A CONCESSION STAND. THERE WOULD HAVE TO BE A CONTRACT WITH THE COUNTY AND IT PROBABLY WOULD HAVE TO GO 1 o I JUL 3 01980 6 aoK 44 PAGE 1,61 F_ JUL 30 1980 BOOK 44 `PAF 62 CHAIRMAN SIEBERT NOTED THAT MR. MORLEY'S LETTER ASKED FOR A WAIVER OF BOND REQUIREMENTS, AND THAT IS AGAINST COUNTY POLICY. 4' MR. MORLEY FELT HIS REASON WAS THAT THE NATIONAL ASSOCIATION HAS SUCH A GOOD INSURANCE PLAN, AND HE DID NOT KNOW THE COUNTY'S POLICIES THAT WELL. THE RACE WOULD NOT BE OPERATED WITHOUT INSURANCE. ATTORNEY COLLINS NOTED THAT THE PURPOSE OF THE BOND IS NOT INSURANCE - IT IS INTENDED FOR MAINTENANCE, UPKEEP, CLEANUP, AND SUCH THINGS. CHAIRMAN SIEBERT STATED THAT WITH REGARD TO THE INSURANCE ITSELF, HE WAS NOT SURE THAT $300,000 IS SUFFICIENT, ESPECIALLY WHEN YOU CONSIDER THE POSSIBILITY THAT SOMEONE COULD BE PERMANENTLY PARALYZED, ATTORNEY COLLINS CONTINUED THAT THE COUNTY'S CONCERN WOULD BE THAT AS A LANDOWNER THEY WOULD HAVE LIABILITY. HE BELIEVED THIS CAN BE WORKED OUT BY OBTAINING AN UMBRELLA POLICY OVER AND ABOVE THE $300,000, AND DID NOT BELIEVE IT WOULD BE VERY EXPENSIVE. COMMISSIONER Loy STATED THAT SHE FINDS HERSELF IN A NON - ENVIABLE POSITION. SHE IS CERTAINLY NOT AGAINST BICYCLES, BUT WITH WHAT WE HAVE IN FRONT OF US IN THE BUDGET, AND ALTHOUGH SHE HAS NEVER BEEN AGAINST ANYTHING THE KIWANIS WANTED, SHE FELT THAT THIS PROPOSAL GOES AROUND EVERYTHING WE HAVE ESTABLISHED FOR THE PARK - WE DO NOT HAVE ANYTHING UP THERE THAT IS NOT FREE; WE DO NOT HAVE ANY OUTSIDE CONCESSIONS, OR ANYTHING SET ASIDE FOR ANY PARTICULAR GROUP. COMMIS- SIONER Loy STATED THAT SHE WAS EXTREMELY CONCERNED ABOUT LIABILITY AND ABOUT PEOPLE WHO WILL MISUSE THE TRACK IF IT DOESNIT HAVE A BIG STRONG FENCE AND AT THIS POINT, SHE WOULD LIKE TO SEE THIS GROUP LOCATE SOMEWHERE ELSE. COMMISSIONER LYONS STATED THAT HE REALIZES ALL THESE LIMITA- TIONS, BUT IT SEEMED TO HIM THAT THIS IS A BONAFIDE ORGANIZED ACTIVITY AND HE WOULD LIKE TO FIND A WAY TO HELP GET IT STARTED. HE DID NOT KNOW WHERE ELSE THEY COULD GO AND OBTAIN THE LAND FOR THIS PURPOSE. HE POINTED OUT THAT IF IT SHOULD TURN OUT SOMETIME LATER THAT THIS DOESNIT WORK OUT, IT WOULDN'T BE TOO HARD TO ERASE. 67 E71 -I COMMISSIONER Loy SUGGESTED THE POSSIBLE USE OF SCHOOL GROUNDS AS THE LOCATION FOR SUCH AN ACTIVITY. SHE STATED THAT SHE WAS VERY SQUEAMISH ABOUT INVITING SOMETHING LIKE THIS INTO THE PARK. COMMISSIONER WODTKE ASKED WHO WOULD SUPERVISE ALL THE FUNCTIONS, AND MR. MORLEY STATED THAT HE WOULD UNTIL SOMEONE TOOK HIS PLACE. HE NOTED THAT THIS IS ALL DONE ON A VOLUNTEER BASIS; THERE IS NO PAYROLL. COMMISSIONER WODTKE NOTED THAT THE ONLY ACTIVITIES WOULD BE THOSE SUPERVISED BY THE LOCAL 4 HILLS BMX PARENTS COUNCIL, AND MR, MORLEY STATED THAT WAS CORRECT, CHAIRMAN SIEBERT FELT'A BIT DIFFERENTLY THAN COMMISSIONER Loy. HE STATED THAT IF THE KIWANIS CLUB ENDORSES THIS PROJECT AND WISHES TO HAVE US PROVIDE THE LAND, HE COULD GO ALONG WITH THAT, BUT HE COULD NOT GO ALONG WITH CONCESSIONS OR WITH THE COUNTY PUTTING ANY FUNDS INTO CONSTRUCTING FACILITIES FOR THE EXCLUSIVE USE OF A PARTICULAR CLUB. HE CONTINUED THAT HE WOULD HAVE TO HAVE ASSURANCES OF CONTINUED MAINTENANCE AND WOULD HAVE TO BE SATISFIED THAT THE COUNTY WOULD BE ADEQUATELY PROTECTED, AND ON THAT BASIS, BECAUSE OF THE KIWANIS CLUB, HE WOULD GO ALONG WITH IT. MR. MORLEY INFORMED THE BOARD THAT THE TRACK IN PALM BEACH COUNTY IS ON YMCA PROPERTY. HE FELT THE ONLY SCHOOL THAT WOULD BE BIG ENOUGH FOR THIS PROJECT WOULD BE THE ROSEWOOD SCHOOL AND THAT IS IN A DEVELOPED AREA. HE NOTED THAT HE REALLY WOULD LIKE TO HAVE THE TRACK LOCATED OUT IN THE COUNTY FOR MORE THAN ONE REASON. COMMISSIONER LYONS STATED THAT HE HATES TO DISCOURAGE A MAN WHO IS TRYING TO KEEP A BUNCH OF YOUNG PEOPLE INTERESTED AND DOING SOMETHING ON AN ORGANIZED AND COMPETITIVE BASIS. HE FELT WE SHOULD GIVE HIM MORE ENCOURAGEMENT. HE NOTED HE WOULD RATHER HAVE THE KIDS TEARING UP THIS TRACK THAN THE RESTROOMS AT MEMORIAL ISLAND. COMMISSIONER WODTKE ASKED IF THIS TRACK WOULD ONLY BE OPEN ON SUNDAY WHEN THE RACES WERE HELD, AND MR. MORLEY STATED THAT IT WOULD BE OPEN ONLY ON SUNDAYS FOR BOTH PRACTICE AND RACING. COMMIS- SIONER WODTKE FURTHER NOTED THAT IF IT WILL COST $4.00 OR $5.00 FOR A CHILD TO RACE ON A SUNDAY, HE DID NOT KNOW HOW MANY WILL BE ABLE 68 44 Parc $63 JUL 3 01980 TO PARTICIPATE. aca 44 PALE 164 HE ASKED IF THEY ARE DIVIDED BY THE SIZE OF THE BIKES OR BY AGE GROUPS. MR. MORLEY STATED THAT THEY ARE ALL ON 20" BIKES, BUT THEY ARE DIVIDED BY AGE GROUPS. CHAIRMAN SIEBERT POINTED OUT THAT NOW MR. MORLEY IS AWARE OF WHAT THE BOARD'S CONCERNS ARE AND SUGGESTED THAT HE CONTACT THE KIWANIS CLUB TO SEE IF THEY CAN WORK WITH HIM TO COME UP WITH SOME SOLUTIONS TO OVERCOME THE RESERVATIONS EXPRESSED BY THE COMMISSION. LEASE WITH CITY OF VERO BEACH FOR MIDGET FOOTBALL FIELD - APPROVED SUBJECT TO REQUIREMENT OF 15' EASEMENT AND RECEIPT OF ADEQUATE INSURANCE. CHAIRMAN SIEBERT WISHED TO BE ASSURED THAT THE FEES FOR USE OF THE FIELD WOULD BE THE SAME FOR ALL, WHETHER COUNTY RESIDENTS OR CITY RESIDENTS, AND MRS. CALLAHAN INFORMED HIM THAT THEY HAVE BEEN THE SAME SINCE 1976. DISCUSSION FOLLOWED.AND IT WAS NOTED THAT THIS DOES NOT INTERFERE WITH EITHER THE GIRLS'SOFTBALL FIELD OR THE SUNSHINE CENTER LEASE. SHERIFF .JOYCE WAS PRESENT AND INFORMED THE BOARD THAT HE HAD TALKED ABOUT THIS AT THE MEETING OF THE SUNSHINE CENTER OFFICIALS TODAY, AND THEY NEED AN EASEMENT TO DRAIN OFF THIS PROPERTY - 10' OR 15' AT THE BACK OF THE PROPERTY. THE CHAIRMAN FELT THE LEASE SHOULD RESERVE 15' FOR DRAINAGE, AND CITY FINANCE DIRECTOR TOM NASON NOTED THAT THE DRAINAGE EASEMENT WOULD WORK FOR BOTH PARTIES. HE FURTHER NOTED THAT THEY WOULD WANT THE LEASE TO BE FOR A MINIMUM OF 10 YEARS, PREFERABLY 20, THE PRESENT LEASE RUNS 30 YEARS AND WILL BE UP IN 1994. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON,,THE BOARD UNANIMOUSLY APPROVED EXECUTION OF A LEASE WITH THE CITY OF VERO BEACH RELATIVE TO LAND DESIGNATED AS PARCEL B, DUE WEST OF THE SUNSHINE REHABILITATION CENTER LEASE, FOR THE USE OF THE MIDGET FOOTBALL LEAGUE, FOR A PERIOD OF 14 YEARS, SUBJECT TO INSERTION OF A 15' DRAINAGE EASEMENT REQUIREMENT, AND AUTHORIZED THE CHAIRMAN'S SIGNATURE UPON APPROVAL BY THE ATTORNEY OF THE LEGAL DESCRIPTION AND RECEIPT OF ADEQUATE INSURANCE. M _ L E A S E THIS LEASE executed this day of 1980, by and between the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, hereinafter called the "County" and the CITY OF VERO BEACH, FLORIDA., a municipal corporation existing under the laws of the State of Floirda, hereinafter called the "City" W I T N E S S E T H: WHEREAS, the County owns land within its boundaries which is available and suitable .for recreational use; and WHEREAS, it is desirable to provide additional recrea- -11 tional facilities for the health, welfare and general good of the citizens of Indian River Countv; and WHEREAS, the City is willing to improve the property hereinafter described and to convert the same into a recreational area, NOW, THEREFORE, in consideration of the following mutual promises, the County does hereby let, demise and lease unto the City the following described property, situated in Indian River County, Florida, to wit: From the Southwest corner of the Southeast quarter of. Section 2, Township 33 South, Range 39.East, as desig- nated on the last aeneral plat of lands of the Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, Florida, in Plat Book 2, page 25; said lands now lying and being in Indian River County, Florida; run North along the quarter section line 80 feet to a point on the North right-of-way line of 16th Street; thence run Fast along the North right-of-way line of 16th Street a distance of 943.19 feet, more or less, to a point on the West right-of-way of 17th Avenue; thence run North along said right-of-way line a distance of 443.5 feet to the Point of Beginning of the parcel to be herein described; thence run West on a line parallel with the North right-of-way line of 16th Street 500 feet; thence run North along a line parallel with 17th Avenue 265 feet to the North side of a 15 foot drainage easement to be used by both the lessee and Sunshine Rehabilitation Center, Inc., prorerty joining and contigious on the East; thence East along JUL 301980 boa 44 PA x.65 F_ -- I __ - -, BOOK the North side of 15 foot drainage easement 233.74 feet to the Northwest corner of the Sunshine Rehabilitation Center property; thence run South 245 feet; thence run East on a line parallel with the North right-of-way line of 16th Street 250 feet; to a point on the West right-of-way line of 17th Avenue; thence run South 20 feet to the Point of Beginning, containing 1.632 acres, more or less. 44 PAGE 166 1. The term of this lease shall be for a period of four- teen (14) years, commencing on the date of the execution of same. 2. It is understood that the above described land shall be used exclusively for public recreational purposes available to the public at large. There shall be no differential in charges between in -city and out -city participants. 3. The City will make all the necessary improvements on said property in order to convert the same into a recreational area and will maintain the same as a recreational area during the term of this lease, at the City's expense. Any improvements to the real property shall vest in the County at the termination of this lease. 4. The City agrees not to use or permit the use of said premises or any part thereof for any unlawful purpose or offensive use. The City represents that the leased premises shall be used as a football field and other sports activities. 5. This lease shall not be assigned and no part of the leased premises shall be subleased nor used for any purpose other than that expressed in this lease. 6. The County may terminate this lease at any time prior to its expiration by providing the City written notice eighteen (18) months in advance of its intention to do so. At the end of said eighteen (18) month period, this lease shall then ter.-nir ate. 7. The City agrees to provide liability insurance naming County as co-insured with minimum coverage of at least Three Hundred Thousand ($300,000.00) Dollars for each individual injury and Five Hundred Thousand ($500,000.00) Dollars for multiple injuries and to supply County with Proof of Insurance prior to using - 2 F-] the leased premises. In addition, the City agrees to indemnify and hold County harmless from liability from any injuries that may occur from the use of the leased premises by City which indemnification shall include the payment of attorneys fees and court costs. 8. County shall have no responsibility for making any improvements to the leased premises. 9. County agrees to provide fifteen (15) feet -contiguous to the North boundary of the leased premises for the purpose of drainage for the leased premises and the Sunshine Center Rehabilitation Center adjoining the leased premises on the East. 10. In the event the City fails to comply with any of the terms or conditions of this lease, the County may exercise its option to terminate same in accordance with Paragraph 6 above. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals, intending to be legally bound, the day and year first above written. ATTEST: CITY OF VERO BEACH, FLORIDA City Clerk APPROVED AS TO FORM AND CONTENT: City Attorney ATTEST: Freda Wright,'Cle-r APPROVED AS TO FORM AND CONTENT: George G. Collins, Jr. County Attorney. - 3 - By Don C. Scurlock, Jr., Mayor BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA //x A I/, , . By r Willard T%K i ebe , Jr . Chairman JUL 3 01900 BOOK 44, PAGE167 JUL 3 01980 BOOK 44 PAcE 168 COMMISSIONER Loy COMMENTED THAT IN THE BOARD'S HASTE TO INDICATE THAT LAW ENFORCEMENT DOES CARRY PRIORITY IN INDIAN RIVER SHE KNEW THAT SHE, FOR ONE, NEGLECTED TO PAY TOO MUCH ATTENTION TO ALL THAT WAS INVOLVED IN LAW ENFORCEMENT. SHE, THEREFORE, TALKED WITH THE SHERIFF AND REQUESTED THAT HE PUT TOGETHER SOME FIGURES TO BRING TO THE BOARD THAT WOULD INDICATE THAT WE WERE STAYING WITHIN THE GUIDELINES WE HAD ESTABLISHED EARLIER OF 8.5% COST OF LIVING WITH A MAXIMUM OF 2.5% TO BE SPREAD AS MERIT INCREASES. SHE CONTINUED THAT SHE STILL IS IN FAVOR OF THE SPECIAL RISK PEOPLE IN LAW ENFORCE- MENT RECEIVING THE 13.5%. SHERIFF JOYCE REVIEWED THE FIGURES FOR THE PROPOSED SALARY CHANGES AND INFORMED THE BOARD THAT HE HAS 33 REGULAR RISK EMPLOYEES FOR WHOM THE SALARIES NOW HAVE BEEN FIGURED AT 11.5%, WHICH WILL BOIL DOWN TO A DIFFERENCE OF ABOUT $6,200, PLUS THE FICA, ETC. THE SHERIFF STATED THAT HE WILL NOT ARGUE ABOUT THIS CHANGE, BUT HE DID NOT APPRECIATE THE REMARKS MADE BY OTHER PEOPLE WHO ARE NOT INVOLVED IN THE SHERIFF'S OFFICE. HE NOTED THAT HE HAS NEVER MADE REMARKS ABOUT ANYONE'S SALARY AND POINTED OUT THAT HE WAS THE ONE THAT CALLED THE GROUP TOGETHER TO ASK FOR GUIDELINES FOR SALARY INCREASES. HE INFORMED THE BOARD THAT HE DID NOT GET A SPECIFIC LETTER EXPLAINING THE GUIDE- LINES AND DID NOT UNDERSTAND ALL OF IT; SO, HE WENT FOR 13.5% ACROSS THE BOARD. HOWEVER, IF THIS IS THE WAY THE COUNTY COMMISSION WISHES IT TO BE, HE WOULD ACCEPT THE 11.5% EVEN THOUGH IT SEEMS HIS DEPARTMENT NEVER GETS WHAT THE OTHERS GET. CHAIRMAN SIEBERT STATED THAT HE IS NOT AT ALL CRITICAL OF WHAT THE SHERIFF DID AND FELT HE SHOULD HAVE BEEN NOTIFIED OF THE GUIDELINES DIRECTLY SINCE HE HAD WRITTEN AND ASKED FOR SPECIFIC GUIDE- LINES. HE CONTINUED THAT HE APPRECIATED THE SHERIFF'S ATTITUDE. SHERIFF JOYCE POINTED OUT AFTER THE CODY REPORT WAS MADE, OTHER OFFICES PUT THEIR EMPLOYEES INTO THE PROPER RANGES AND INCREASED SALARIES ACCORDINGLY, BUT THIS WAS NOT DONE IN HIS DEPARTMENT. HE FELT HIS PEOPLE IN THE REGULAR RISK CATEGORY WILL ACCEPT THIS CHANGE THOUGH THEY WILL BE DISAPPOINTED. 7M a COMMISSIONER LYONS NOTED THAT THE GUIDELINES ACTUALLY GIVE $.5% AS A GENERAL INCREASE PLUS 2,5% OVERALL FOR MERIT, WHICH TOTALS llo, NOT 11.5%, AND THE SHERIFF AGREED HE WOULD CORRECT THE REGULAR RISK CATEGORY TO 11%. COMMISSIONER LYONS COMMENTED ON THE SHERIFF PREFERRING APPARENTLY TO GIVE AN INCREASE ACROSS THE BOARD RATHER THAN 5.57 AND SOME AMOUNT BETWEEN 0-5%. THE SHERIFF NOTED THAT HE WAS THE FIRST PERSON IN THE COUNTY GOVERNMENT'WHO HAD A PERSONNEL CHART AND HAD A STEP INCREASE SYSTEM WITH A COMPLETE SURVEY OF EVERY MAN AND EVERY JOB IN AUGUST OF EACH YEAR. CHAIRMAN SIEBERT AGREED THAT THE WAY THE SHERIFF USED TO PREPARE HIS BUDGET IS HOW WE WERE TOLD WE SHOULD START DOING IT, AND COMMISSIONER LYONS THANKED THE SHERIFF FOR GOING ALONG WITH THE BOARDS REQUEST AND AGREEING TO 11% FOR HIS REGULAR RISK EMPLOYEES, COMMISSIONER LYONS THEN BROUGHT UP THE PROBLEM OF TRYING TO REDUCE AUTO EXPENSES, WHICH HE DID NOT FEEL HAS EVER REALLY BEEN ADDRESSED. HE FELT THAT THE SHERIFF HAD JUST SAID THAT HIS SUGGESTIONS WERE NOT FEASIBLE. HE STATED THAT HE WOULD LIKE TO SEE THE AUTO EXPENSES CUT BACK 10% OR ABOUT $30,000 OVER LAST YEAR AND HE BELIEVED THE SHERIFF COULD DO THIS WITH HIS INGENUITY. SHERIFF .JOYCE COMMENTED THAT THEY HAD TO ASK FOR A $51,000 BUDGET SUPPLEMENT THE OTHER DAY; HE IS TALKING ABOUT INCREASING HIS BUDGET $615,000 AND COMMISSIONER LYONS IS ASKING HIM TO CUT BACK $30,000. THE SHERIFF STATED UNEQUIVOCALLY THAT HE CANNOT DO IT; HE SPENDS THEIR MONEY CAREFULLY AND HE CANNOT CUT HIS BUDGET $30,000 FOR THE NEXT SHERIFF TO WORRY WITH NEXT YEAR. COMMISSIONER LYONS COMMENTED THAT HE IS ONLY TALKING ABOUT 1% OF THE BUDGET, AND CHAIRMAN SIEBERT STATED THAT HE APPRECIATES WHAT COMMISSIONER LYONS IS TRYING TO DO, BUT HE COULD NOT SUPPORT THAT. COMMISSIONER Loy COMMENTED THAT IN HER EXPERIENCE WITH THE'SHERIFF, SHE HAS FOUND THAT HIS BUDGET PROBABLY COMES AS CLOSE TO WHAT HE BUDGETED ON A YEAR ROUND BASIS OF ANY OF THE OFFICIALS. 74 ®cox .44 PAGE 169. JUL 3 01980 I r I JUL 3 01980 Bm .44 PAGE 170 SHE FURTHER BELIEVED THAT, BASED ON THE FIGURES HE IS USING RIGHT NOW, SOMEBODY IS GOING TO HAVE TO WORK VERY CLOSELY TO MEET THE BUDGET -WE ARE ABOUT TO APPROVE. COMMISSIONER WODTKE HOPED THE MONEY IS GOING TO BE AVAILABLE TO FUND THE SHERIFFS BUDGET THE WAY IT IS PRESENTED. HE NOTED, HOWEVER, WITH THE BUDGET WE ARE FACED WITH AND THE GUIDELINES WE MUST FOLLOW AND THE PROSPECT OF NO REVENUE SHARING, WE WILL HAVE TO TAKE A LOOK AT EVERYTHING. SHERIFF JOYCE INFORMED THE BOARD THAT HE HAS 54 UNIFORMED PEOPLE OUT ON THE ROAD SERVING THE COMMUNITY AND SOME COUNTIES WHICH ARE MUCH LARGER ONLY HAVE 33. FOR THE AMOUNT OF MONEY THEY SPEND, THE COUNTY HAS A LOT OF PEOPLE OUT SERVING THE PUBLIC. HE NOTED THAT THE PEOPLE THE BOARD WISHES TO HAVE THE 11% RAISE ARE THE BACK-UP PEOPLE, WHO IN°A SENSE ARE JUST AS IMPORTANT AS THE ONES OUT ON THE ROAD. THE SHERIFF STATED THAT HE DOES APPRECIATE THE 11% BECAUSE IT IS MORE THAN THEY USUALLY GET, AND HE APPRECIATED THE COMMENTS ABOUT HIS BUDGET BECAUSE HE DOES TRY TO CUT EVERY CORNER HE POSSIBLY CAN. CHAIRMAN SIEBERT NOTED THAT THE REASON THE SHERIFF IS HERE TODAY IS TOMORROW IS HIS DEADLINE, AND WE CAN T GO BACK LATER AND SAY WE DON T HAVE THE MONEY. COMMISSIONER LYONS STATED THAT IF WE HAVE GOT TO CUT MONEY, THE ONE PLACE HE WON `T TRY TO CUT IT IS OUT OF THE SHERIFFS BUDGET AFTER WE APPROVE IT. WE MAY HAVE TO STOP FIXING ROADS OR THINGS LIKE THAT, BUT WE CAN T CUT LAW ENFORCEMENT. RESOLUTION TRANSFERRING INDIAN RIVER COUNTY'S LOAN RESERVATION WITH THE DEPT, OF COMMUNITY AFFAIRS TO THE HOUSING AUTHORITY - N0. 80-74 ATTORNEY COLLINS REPORTED THAT HIS ONLY CONCERN WITH THE PROPOSED RESOLUTION TRANSFERRING THE LOAN RESERVATION TO THE HOUSING AUTHORITY WAS THE QUESTION OF WHETHER OR NOT THE COUNTY WOULD LOSE ITS PRIORITY WITH THE DEPARTMENT OF COMMUNITY AFFAIRS. INTERGOVERN- MENTAL COORDINATOR THOMAS HAS CHECKED THIS OUT AND RECEIVED ORAL VERIFICATION THAT WHETHER IT WAS FOR THE COMMISSION OR THE HOUSING AUTHORITY DID NOT MATTER, THE PRIORITY WOULD REMAIN. -I ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-74 TRANSFERRING THE COUNTY'S LOAN RESERVATION WITH THE DEPARTMENT OF COMMUNITY AFFAIRS TO THE INDIAN RIVER COUNTY HOUSING AUTHORITY. 76 JUL 3 01980 Boa 44 ?AGE 171, JUL 3 O'1980 RESOLUTION NO. 80-74 BOOK 44 PACE 172. WHEREAS, the Board of County Commissioners of Indian River County is presently constituted as the Indian River County Housing Agency and in the capacity of such housing agency has previously made application to the State of Florida, Department of Community Affairs, Rural Housing Land Acquisition Site Development Fund for a loan from the Department of Community Affairs as provided in Florida Statutes, Chapter 420, Part 3 (1979), to assist the Indian River County Housing Agency in acquiring land, planning, designing and constructing building sites for housing for persons of low or moderate income; and WHEREAS, the Indian River County Board of County Commis- sioners acting as the Indian River County Housing Agency by this resolution intends to transfer its funding reservations to authorize the Indian River County Housing Authority to make application to the State of Florida, Department of Community Affairs, Rural Housing Land Acquisition Site Development Fund for a loan from the department as provided in Florida Statutes, Chapter 420, Part 3 (1979), to assist the Indian River County Housing Authority in acquiring land, planning, designing and constructing building sites for housing for persons of low or moderate income; and WHEREAS, the Indian River County Housing Authority is in accord with County Resolution 79-44 which determined that a need for approximately 100 units of such housing exists as evidence by an inventory of housing needs, and survey responses conducted during 1977-1978; and WHEREAS, the Indian River County Housing Authority anticipates developing residential building sites in Indian River County, Florida, requiring a loan from the Department of Community Affairs in the amount of $400,000.00; and WHEREAS, the Indian River County Housing Authority and the Indian River County Agency has determined that funds are or will be available for the construction, maintenance or support of such housing as evidenced by Exhibit "2" which was attached to County Resolution 79-44; and _ M M WHEREAS, the Indian River County Housing Authority has determined that a loan for land acquisition and development cannot be obtained from private lenders on terms and conditions that the Indian River County Housing Authority can reasonably be expected to meet as evidenced by Exhibit "3" which was attached to County Resolution 79-44; and WHEREAS, this resolution is adopted for the purposes of allowing the Indian River County Housing Authority to make application to the Department for the purpose of obtaining such a loan; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: That the Indian River County Housing Authority has legal authority to execute a loan agreement with the Department as contemplated by this resolution. That the Indian River County Housing Authority will comply with Florida Statutes, Chapter 420, Part3 (1979), and all rules and regulations of the Department of Community Affairs and such Federal, State or local agencies that are concerned with the development and sale of the proposed project, and this application, and will furnish all information required by the rules and regulations of the Department of Community Affairs. That the Indian River County Housing Authority will apply and use any funds borrowed from the Department of Community Affairs to acquire, plan, design and construct improvements on the land acquired. The following officers of the Indian River County Housing Authority will be authorized to represent the Indian River County Housing Authority with the Department of Community Affairs on behalf of the Indian River County Housing Authority; J. B. Egan, III, Chairman and Edward J. Regan, Executive Director of Indian River County Housing Authority, 800 - 20th Place, Suite 3, Vero Beach, Florida 32960. This resolution shall take effect immediately. -2- JUL 3 0198 0 Pp. 44 FACE 173 JUL.0 1980 BOOK 44 FACE174 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Y Willard V�T: Siebert, Jr,,:1 Chairman Attest:, Freda Wright; Clo k Adapted: July 30, 1980 _3- DISCUSSION RE COMPLETION OF COMPREHENSIVE LAND USE PLAN FOR CITY OF SEBASTIAN - AGREED TO COMPLETION SUBJECT TO CERTAIN CONDITIONS COMMISSIONER DEESON REPORTED THAT HE, PLANNING DIRECTOR REVER AND SENIOR PLANNER MARSH MET WITH SEBASTIAN OFFICIALS AND DIS- CUSSED COMPLETION OF THEIR PLAN. THE INDICATION THEY GOT UNOFFICIALLY FROM THE CITY OF SEBASTIAN WAS THAT THEY FELT THE COUNTY HAD BOTH A LEGAL AND MORAL OBLIGATION TO COMPLETE THEIR LAND USE PLAN. COMMIS- SIONER DEESON STATED THAT HE HAD DISCUSSED WITH MR. MARSH THE TIME HE HAD SPENT ON THE PLAN FROM THE TIME HE WAS HIRED FOR THAT PURPOSE UNTIL HE WAS PUT TO WORK ON OTHER COUNTY MATTERS, AND IT WAS MR. MARSHES` OPINION THAT IF HE HAD BEEN LEFT TO HANDLE THE SEBASTIAN LAND USE PLAN, HE WOULD HAVE COME VERY NEAR TO COMPLETING IT. COMMIS- SIONER DEESON CONTINUED THAT IN REVIEWING THE MINUTES OF THE COMMISSION MEETING OF FEBRUARY 8, 1978, IT APPEARS THAT MR. MARSH WAS HIRED EXPRESSLY TO HANDLE THE LAND USE PLANS FOR THE MUNICIPALITIES OF SEBASTIAN AND FELLSMERE, AND HE RECOMMENDED THAT WE HAVE OUR PLANNING DEPARTMENT COMPLETE THE SEBASTIAN LAND USE PLAN AS SOON AFTER OUR PLAN IS COMPLETED AS POSSIBLE; IT HAS BEEN INDICATED TO THE CITY THAT THE COUNTY PLAN HAS PRIORITY. COMMISSIONER LOY ASKED IF THERE WAS A PARTICULAR POINT WE WERE TO GET THE PLAN TO AND THEN SEBASTIAN WOULD TAKE OVER. COMMISSIONER DEESON REPORTED THAT WE WERE TO TAKE IT UP TO THE PUBLIC HEARING ASPECT AND THEN THEY WOULD TAKE OVER. CHAIRMAN SIEBERT STATED THAT HE WOULD SUPPORT THAT PROVIDED WE COMPLETE IT UNDER MR. MARSHES' CRITERIA, AND COMMISSIONER LYONS FELT WE SHOULD SET SOME MAN HOURS. COMMISSIONER DEESON AGREED, BUT NOTED THAT WE HIRED MR. MARSH IN FEBRUARY OF 1978 AND THE AGREEMENT WENT TO 1979, AND IF HE HAD BEEN LEFT ALONE TO WORK ON IT, THERE WOULD HAVE BEEN AMPLE TIME TO HAVE COMPLETED IT. COMMISSIONER WODTKE POINTED OUT THAT MR. MARSH WAS HIRED TO COMPLETE THE FELLSMERE PLAN ALSO, AND, IN ADDITION, HE WAS ASKED L' 1 JUL 3 01980 Bou 44 PAGE i' JUL 3 01980 BY THE MUNICIPALITIES TO DO OTHER WORK. 800!( 44. PAGE 175 HE STATED THAT HE WOULD AGREE TO MR. MARSH FINISHING THAT PLAN, BUT HE WANTED IT EXPRESSLY UNDERSTOOD THAT HE WILL COMPLETE THE ELEMENTS OF THE PLAN AND PRESENT IT TO THE CITY COUNCIL. COMMISSIONER WODTKE FURTHER NOTED THAT SEBASTIAN HAD SAID THEY WOULD HAVE THEIR COMMUNITY PLANNING AND ZONING PEOPLE WORK WITH MR. MARSH, AND HE IS CONCERNED THAT THEY ALLOWED MR. MARSH TO DO THE JOB; HE DID NOT, UNDER ANY CIRCUMSTANCES, WANT HIM TO DO ANYTHING THAT IS NOT IN CONJUNCTION WITH THE ELEMENTS OF THAT PLAN, PLANNING DIRECTOR REVER COMMENTED THAT ONE OF THE THINGS THEY ARE PROPOSING IS TO POSSIBLY PUT A COUPLE OF PEOPLE ON THIS AND GET IT DONE. HE BELIEVED IT IS UNDERSTOOD THAT THEY WOULD HAVE TO WAIT UNTIL THE COUNTY PLAN IS COMPLETED. MOTION WAS MADE BY COMMISSIONER DEESON, SECONDED BY COMMIS- SIONER LYONS, THAT OUR PLANNING STAFF, AFTER THE COMPLETION OF OUR COUNTYLAND USE PLAN, COMPLETE THE PLAN FOR THE CITY OF SEBASTIAN UP TO THE PUBLIC HEARING STAGE UNDER THE CURRENT CRITERIA FOR THE COMPLE- TION OF THE LAND USE PLAN, WITH THE EXPRESS UNDERSTANDING THAT THE WORK DONE BY THE PLANNING DEPARTMENT IS ON THE ELEMENTS OF THE LAND USE PLAN ONLY. PLANNING DIRECTOR REVER SUGGESTED THAT IT WILL BE A COMPLETION OF THE REQUIRED ELEMENTS OF THE PLAN TO A POINT WHERE IT IS READY FOR REVIEW AND ADOPTION. COMMISSIONER DEESON STATED THAT HE WOULD INCLUDE THAT IN HIS MOTION, AND COMMISSIONER LYONS AGREED. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. REVIEW OF CENSUS FIGURES COMMISSIONER WODTKE NOTED THAT THE BOARD HAD AUTHORIZED HIM TO WORK WITH THE PLANNING DEPARTMENT ON THE REVIEW OF THE CENSUS FIGURES WHEN THEY WERE RECEIVED; PRELIMINARY NON -PUBLICIZED FIGURES FOR THE DISTRICTS IN THE COUNTY WERE RECEIVED APPROXIMATELY JULY 21ST. THE IO WORKING DAYS ALLOWED FOR LOCAL REVIEW ARE UP TOMORROW, AND COMMISSIONER WODTKE CONTINUED THAT HE AND PLANNING DIRECTOR REVER WOULD LIKE TO CALL THE DISTRICT DIRECTOR IN LAKELAND TOMORROW AND FOLLOW IT UP WITH AN OFFICIAL LETTER INDICATING THAT WE DO HAVE SOME QUESTIONS ABOUT THEIR FIGURES AND NEED SOME ADDITIONAL INFORMATION IN ORDER TO MAKE A DECISION. HE EXPLAINED THAT IT WAS FOUND THAT THEY ARE USING SOME INCORRECT POPULATION FIGURES FROM THE 1970 CENSUS IN CONJUNCTION WITH THE 1980 REPORT, WHICH RESULTS IN A PERCENTILE THAT IS IN ERROR. ANOTHER AREA OF CONCERN IS THAT THEIR FIGURES INDICATE A LOSS.OF POPULATION IN THE GIFFORD AREA; ALTHOUGH, IT SHOWS AN INCREASE IN DWELLING UNITS. COMMISSIONER WODTKE COMMENTED THAT THE MANNER IN WHICH THE CENSUS WAS CONDUCTED IN 1970 WAS QUITE DIFFERENT THAN THE PRESENT METHOD, AND THE QUESTIONS WE HAVE ARE ON THE PER- CENTAGE OF RETURN OF QUESTIONNAIRES FROM GIFFORD AND WHAT KIND OF FOLLOW-UP EFFORT WAS MADE IN THOSE AREAS. HE POINTED OUT THAT WHAT- EVER THIS FIGURE ENDS UP AT, WE HAVE TO LIVE WITH IT FOR FIVE YEARS. HE INFORMED THE BOARD THAT THE FIGURE, WHICH IS LESS THAN 60,000, IS WITHIN THE RANGE THE UNIVERSITY OF FLORIDA SAID IT MIGHT HAVE BEEN A YEAR AGO. PALM BEACH, ST. LUCIE AND MARTIN COUNTIES ALSO HAVE A PROBLEM WITH THE FIGURES GIVEN THEM. COMMISSIONER WODTKE STATED THAT WITH THE BOARDS PERMISSION, HE WOULD LIKE TO TRY TO OBTAIN A LITTLE MORE INFORMATION. PLANNING DIRECTOR REVER COMMENTED THAT THE FIGURES INDICATED A VACANCY RATE OF OVER 20%, AND HE FELT THE CRITERIA FOR DETERMINING THIS WAS QUITE VAGUE. HE BELIEVED FOR ONE THING THEY COUNTED EMPTY PADS IN MOBILE HOME LOTS. THE CHAIRMAN AGREED THAT COMMISSIONER WODTKE AND PLANNING DIRECTOR REVER SHOULD CONTINUE TO FOLLOW UP ON THE CENSUS FIGURES. THE PRESS QUESTIONED WHY THE CENSUS FIGURE COULD NOT BE RELEASED TO THE MEDIA, AND IT WAS EXPLAINED THAT FEDERAL REGULATIONS STATE THAT THE FIGURES ARE NOT TO BE PUBLICIZED AT THIS POINT. THE CHAIRMAN SUGGESTED THAT THE MEDIA CONTACT THE DISTRICT DIRECTOR OF THE CENSUS AT LAKELAND. m 'JUL 3 01980 Box 44 PACE A'77 JUL 3 O 1900 BQOK 44 PAGE x.78 REQUEST FOR EXTENSION OF FENCE AROUND ROSELAND TRANSFER STATION - APPROVED COMMISSIONER DEESON STATED THAT HE HAD INSPECTED THIS SITUATION PERSONALLY; PEOPLE ARE DUMPING THEIR GARBAGE AT RANDOM; AND SOMETHING SHOULD BE DONE ABOUT IT. ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE EXTENSION OF THE FENCE AT THE ROSELAND TRANSFER STATION. COMMISSIONER WODTKE ASKED IF THE COST OF THIS COMES OUT OF THE ENTERPRISE ACCOUNT, AND FINANCE OFFICER BARTON STATED IT WOULD BE FROM REFUSE DISPOSAL. FINAL BILL FROM POST, BUCKLEY, SCHUH & .JERNIGAN, INC. RE SANITARY AN ILL - APPROVED FINANCE OFFICER BARTON INFORMED THE BOARD THAT IN ORDER TO PAY THE FINAL BILL FROM POST, BUCKLEY, SCHUH & JERNIGAN, IT WILL BE NECESSARY TO EXPAND THE SCOPE OF SERVICES UNDER THEIR CONTRACT TO INCLUDE THE ADDITIONAL SERVICES. THIS WAS NOT DONE AT THE TIME. THE ADMINISTRATOR EXPLAINED THAT THIS BILL HAS BEEN HANGING FIRE SINCE 1978; INTERGOVERNMENTAL COORDINATOR THOMAS HAS CHECKED THIS OUT; AND HE IS THOROUGHLY CONVINCED THAT WE DO OWE THE MONEY. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AGREED TO EXPAND THE CONTRACT WITH POST, BUCKLEY, SCHUH & .JERNIGAN, DATED .JANUARY 5, 1977, BY $11,471.00 TO COVER THE SERVICES IN CONNECTION WITH BILLS REPRESENTED AS PER THE FOLLOWING INVOICE. THE FINANCE OFFICER NOTED THAT THE TOTAL AMOUNT IS $14,501.14 AND THE EXPANSION OF THE CONTRACT WILL ALLOW THEM TO PAY THE BILL. P �� POST, BUCKLEY, SCHUH & JERNIGAN, INC. S I J 7500 NORTHWEST 52nd STREET CONSULTING ENGINEERS AND PLANNERS MIAMI, FLORIDA 33166 TELEPHONE 305/592.6100 February 28, 1978 Indian River County Board of County.Commissioners #12475 2145 i 4 Lh Avenue Vero Beach, Florida 32960 FINAL INVOICE For professional services rendered through February 15, 1978, per our signed contract dated January 5, 1977. JOB NUMBER DESCRIPTION HOURS 069-002.00 Solid Waste Management Plan Principal 3 Department Head 4 Report Writer 148 Senior Design Engineer 155 Graphics Coordinator 4 Report Typist 115-1/2 Total Salary Cost' Plus 150% Overhead and Profit Direct Charges: Printing Graphic Supplies Photo/Drafting/ Reproductions - Labor Total Direct Charges Plus 10 Service Charge TOTAL AMOUNT DUE THIS INVOICE * 10;5 Service Charge on printing and graphic supplies only JUL 3 01980 SALARY COST TOTAL $ 117.00 71.86 1,630.05 1,889.53 48.04 815.62 X4,572. 10 6,858.15 $11,430.25 $ 754.60 201.95 2,018.68 $2,975.23 95.66* 3,070.,`9 $14,501.14 80ox 41 PAGE 179 JUL 30199® Box .44 FAcE 1C7p REQUEST FROM STATE ASSOCIATION OF COUNTY COMMISSIONERS FOR PHOTO OF COURTHOUSE IN DISCUSSION, IT WAS FELT THAT WITH THE NEW LANDSCAPING THAT HAS BEEN DONE, A NEW PHOTOGRAPH SHOULD BE TAKEN OF THE COURTHOUSE. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER LOY, THE BOARD AUTHORIZED THE ADMINISTRATOR TO OBTAIN A PHOTO OF THE COURTHOUSE. DISCUSSION OF -REQUEST FOR RELEASE OF BOND ON MITCHELL SUBDIVISION - WITHDRAWN FROM AGENDA ADMINISTRATOR JENNINGS INFORMED THE BOARD THAT HE HAD RECEIVED A REQUEST FOR RELEASE OF BOND ON MITCHELL SUBDIVISION IN THE AMOUNT OF $25,000. THERE STILL WOULD BE $5,000 RETAINED FOR SODDING, DRESSING, ETC. COMMISSIONER WODTKE COMMENTED THAT HE HAD UNDERSTOOD THAT WE WERENIT GOING TO GO ALONG WITH RELEASING BONDS PARTIALLY, AND CHAIRMAN SIEBERT DID NOT BELIEVE THIS IS AN EMERGENCY ITEM. HE ASKED IF THE ADMINISTRATOR WERE RECOMMENDING THE RELEASE. ADMINISTRATOR JENNINGS STATED THAT HE WOULD ONLY RECOMMEND IT SUBJECT TO THE FINAL APPROVAL OF THE ATTORNEY. ATTORNEY COLLINS SUGGESTED THAT THE BOARD HOLD OFF ON THIS SINCE THE APPLICATION WASNIT FILED IN TIME TO BE ON THE REGULAR AGENDA. HE FELT THIS WOULD BE MORE APPROPRIATE THAN CITING LEGAL REASONS; ALTHOUGH, HE NOTED,THERE ARE SOME LEGAL MATTERS THAT NEED TO BE STRAIGHTENED OUT — THE LINES WERE TO BE DEEDED BACK AND THIS HAS NOT BEEN DONE AS YET. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY INSTRUCTED THAT THE ITEM IN REGARD TO RELEASE OF THE BOND ON MITCHELL SUBDIVISION BE REMOVED FROM THE AGENDA BECAUSE IT DID NOT MEET THE PROCEDURAL REQUIREMENTS. COMMISSIONER Loy COMMENTED THAT IT APPEARS THAT THE DEVELOPER OF MITCHELL SUBDIVISION HAS LOCATED THEIR WATER PLANT SO THAT THERE IS NO WAY TO GET TO IT WITHOUT USING STREETS IN COLONIAL TERRACE, IN SPITE OF THE FACT THAT HE WAS WELL AWARE OF THE BOARDS OBJECTIONS TO THE ROUTING OF TRAFFIC THROUGH COLONIAL TERRACE, AND SHE FELT THIS SHOULD BE LOOKED INTO. 1980 PROPOSED RESURFACING PROGRAM - PARTIALLY APPROVED ADMINISTRATOR JENNINGS PRESENTED THE BOARD WITH THE FOLLOWING LIST OF ROADS PROPOSED FOR RESURFACING BEFORE THE NEXT BUDGET YEAR: July 29, 1980 MEMORANDUM TO: Board of County Commissioners FROM: County Administrator SUBJECT: Proposed 1980 Resurfacing Program 1. The following roads are proposed for resurfacing, starting in August: Old Dixie from 19th St. to So. Relief Canal - widen, level & resurface - 4000 tons $ 148,000 7th St. from 15th to 17th Avenue - 2" surface - 260 tons 9,620 2nd St. from 20th St. to Old Dixie - 12" surface - 1760 tons 65,120 17th Ave. from Glendale north 1320 ft. - 3/4" surface - 110 tons 4,069 53rd Ave. from S.R. 60 to 22nd St. - 12" surface - 219 tons 8,140 505A from S.R. 60 north to So. Gifford Rd. (2 miles) - widen, level & resurface - 3050 tons 112,850 505A from 510 south to Hobart Rd. (1 mile) - widen, level & resurface - 1525 tons 56,425 505A*from Hobart Rd. south to North Winter Beach Road (1 mile) - level & resurface - 880 tons 32,560 Parking Lot at Garage (250 Sq. Ft.) surface - 538 tons 11,201 North Gifford Rd. (100 ft. E. of U. S. 1 for Traffic Light Actuator Ramp) 12" surface - 20 tons $ 740 The Moorings Subdivision - AIA Gallion Dr. (.1 vile) - Reef Rd. to AlA - 3/4" surface - 44 tons 1,268 Beacon (.2 mile) - Treasure Lane to Reef Rd. - 3/4" surface - 88 tons 3,256 QQ �©OK �� PAGE �01� JUL 3 0 1980 86 `Jul 3 01980 aooX 44 PacE 1$2 Vero Shores Subdivision 5th Ave., SE (.4 mile) - 10 ft. wide - 3/4" surface - 88 tons 3,256 St. Francis Manor (.1 mile) - 16 ft. wide - 3/4" - 47 tons 1,739 15th Place E. of US 1 - 300 X 20 ft. - 1" surface - 3-5 tons 1)'295 21st Ct. from 12th St. to 13th St.(.1 mile) - 3/4" surface - 44 tons 1,628 13th St. from 21st Ct. to 20gh Ave. (.1 mile) 3/4" surface - 44 tons 1.628 $ 466,411 2. It is recommended that these roads be resurfaced and the $ 466,465 remaining in the budget be used to pay for this program. NAN/ep a . venni nQsrroun rator THE ADMINISTRATOR FELT THESE ROADS COULD BE DONE IN THIS YEAR'S PROGRAM IF THE BOARD DESIRED. HE NOTED THAT THEY ARE ALL RESURFACINGS, AND HE FELT OLD DIXIE IS A MUST. HE INFORMED THE BOARD THAT COMPLETION OF THESE ROADS WOULD PUT THE RESURFACING PROGRAM IN .REAL GOOD SHAPE. THE BOARD REVIEWED THE LIST, AND COMMISSIONER LYONS ASKED IF WE CAN T CARRY THESE FUNDS OVER SINCE WE ARE GOING TO HAVE A VERY TIGHT TIME WITH THE BUDGET. THE CHAIRMAN AGREED THIS COULD BE DONE, ADMINISTRATOR JENNINGS REITERATED THAT HE WOULD LIKE TO DO OLD DIXIE IF AT ALL POSSIBLE. COMMISSIONER WODTKE NOTED THAT HE WAS GETTING CONCERNED ABOUT THE ROAD & BRIDGE BUDGET AND WHERE THE FUNDS ARE COMING FROM AND COMMENTED THAT THESE FUNDS MIGHT BE NEEDED FOR VEHICLES NEXT YEAR. CHAIRMAN SIEBERT STATED THAT HE WOULD LIKE TO KNOW WHICH ROADS ARE ACTUALLY IN JEOPARDY AND WHICH ARE JUST UNCOMFORTABLE TO RIDE ON. :/ i ADMINISTRATOR JENNINGS STATED THAT HE WOULD GO OVER THIS LIST AND CUT IT TO THE BONE AND BRING IT BACK TO THE BOARD, BUT AGAIN EMPHASIZED THAT OLD DIXIE IS A MUST. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ADMINISTRATOR TO PROCEED WITH THE RESURFACING OF OLD DIXIE AS LISTED. ATTORNEY REQUESTS DISCUSSION OF SITE FOR PROPOSED GIFFORD SEWER TREATMENT PLANT ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ADDED AN EMERGENCY ITEM RE A SITE FOR THE GIFFORD SEWER TREATMENT PLANT TO THE AGENDA AS REQUESTED BY THE ATTORNEY. ATTORNEY COLLINS INFORMED THE BOARD THAT HE TWICE HAS WRITTEN THE OWNER OF THE 40 ACRES RECOMMENDED BY ATTORNEY SHERMAN SMITH AS A POSSIBLE SITE FOR THE GIFFORD SEWER PLANT AND HAS RECEIVED NO REPLY. HE ALSO CONTACTED WELLFORD HARDEE, WHO HAS PROPERTY ADJACENT TO THAT, AND HAD A REPLY,BUT IT WASNIT HELPFUL. HE STATED THAT IF THE BOARD WISHED HIM TO MOVE AHEAD ON THIS, HE WOULD APPRECIATE THEIR DIRECTION. COMMISSIONER LYONS REPORTED THAT HE HAD A TALK WITH ENGINEER JOHN ROBBINS IN CONNECTION WITH THIS, AND THEY ARE INVOLVED RIGHT NOW IN SOME ROUGH SOIL SURVEYS ON THE 40 ACRES AND ALSO ON THE ADJOINING PROPERTY TO SEE WHETHER OR NOT WE ARE TALKING ABOUT SOMETHING WE WANT. COMMISSIONER LOY EXPLAINED THAT ONE OF THE PROBLEMS IS THE TYPE OF SOIL THEY ARE RUNNING INTO AND ALSO THAT WE HAVE A NEW SOIL CONSERVATION MAN. COMMISSIONER LYONS BELIEVED THEY HAVE SOMEBODY COMING UP FROM MIAMI IN CONNECTION WITH THIS AND THAT ALL WE CAN DO IS KEEP ON PUSHING. ATTORNEY COLLINS STATED THAT HE WILL AWAIT FURTHER INFORMA- TION SINCE WE MUST FIRST CONFIRM THAT THE SOIL IS SATISFACTORY. JUL 3 01980 BOOK 44 PAGE183 r JUL 3 01980 QQ wx 44 PAGE 184 LICENSE AGREEMENT WITH FLORIDA EAST COAST RAILWAY FOR A WATER FAIN CROSSING AT 12TH STREET - APPROVED, RESOLUTION 80-76, ATTORNEY COLLINS' EXPLAINED THAT SINCE THE COUNTY•,HA-E(.,;A,SSUMED k OWNERSHIP AND CONTROL OF THE IO" WATER MAIN FORMERLY OWNED BY GENERAL WATERWORKS CORP., THE RAILROAD WISHES THE COUNTY TO EXECUTE A LICENSE AGREEMENT ASSUMING RESPONSIBILITY FOR THE OPERATION OF THIS PIPELINE WHICH CROSSES THEIR RIGHT-OF-WAY. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-76 APPROVING THE LICENSE AGREEMENT WITH FEC AS ABOVE AND AUTHORIZING THE SIGNATURE OF THE CHAIRMAN. ISI M RESOLUTION NO. 80-76 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Chairman is authorized to execute on behalf of Indian River County, a License Agreement with the Florida East Coast Railway Company for a sub -grade ten inch diameter water main crossing of railroad right--of-essay and under its tracks. It continues Eastward on the South side of 12th Street, said water main is encased according to engineering speci- fications and is located under the center line of Railway's main track at a point 3,475 feet South of Mile Port No. 228, Vero Beach, Florida. This Resolution shall become effective as of the 30th day of July 1980, BOARD OF COUMj COMISSIONERS OF rMIAN RIVER COUNTY, FLORIDA. Attest: N,�I L_� t «_ o4 4 Clerk u JUL 301980 6 �7 Lf Chai Boa 44 PAGE 185 I r J11L 3 01980 Form�ZL'---P.cvised---Nut for Stock BOOK; 44 PnE 186 THIS LICENSE AGREEMENT, Made and entered into, in duplicate, this 0 -_day of ------ July_ A.D., 19.-M by and between Florida East Coast Railway Company, hereinafter called "Railway" and INDIAN RIVER COUNTY, a Political Subdivision of the State of Florida, acting by and -through its Bs bard of --County Commissioner, .......... ------------------------------- (ADDRESS: Court House, Vero Beach, Florida 32960) hereinafter called "Licensee", WITNESSETH: 5- / (per year) That Railway, for and in consideration of the sum of $20.00 and the covenants and agreements of said Licensee hereinafter set forth, hereby give to Licensee the right and privilege to /r,6,hhY ,/Id- adaJlYd{,d maintain certain appliances or fixtures for such time hereafter as the Railway, in its discre- tion, shall and may permit as follows: A subgrade 10—inch cast iron water pipe installed in an 18—inch steel casing pipe extending easterly and westerly across the right of way and under the tracks of the Rail— way at 12th Street, Vero Beach, Florida, at a point located 3,475 feet, more or less, southerly from the Railway's Mile Post No. 228 from Jacksonville, Florida. As shown on print of the Railway's Plan Corr. File 228-125 dated August 15, 1962, attached hereto and made a part here— of. And Licensee hereby covenants and agrees as follows: 1. That said appliance or fixture hereby permitted, shall be of the usual strength and fitness for the purpose used and be put in a good and workmanlike manner. �d��e�i's�d�i�Y�/ikd�b//�9�i�u��le�/sllblalltt 16�/iS6ilhl,t;b/i,�r�i��de(a(�liBldafilllSl���J�i+i�nl �i��dr�t�l�i�rf Id���! oJ�l�d,/dl�,�'�l/�dblih�b/B�kY/�1��u�i�Y�/uilcktu�da+�fdytb/l�.di°1f�/afyl /il�l�i�l.�td /s��/�6fikl�i�l /drl ir�l 2. That if said appliance or fixture is a pipe, to extend under the track of the Railway, the same shall be located not less than ---5. 0----- feet below the bottom of ties in such tracks, and properly safe -guarded as may be necessary or as required by Railway; slid li j{JYdikliklAirle(id iit/ Yell iii l igc/ t/ddWd0/MSM l:tvbd"l lie/ /i��e/�ldo e�d��o�/l��s��1�� !/////II ///�i�dfidWMAM)wl wtud AbdV i�l�d���>rd��,�� �¢dk�l�AY�d��#¢add#��►dY�CYl6fl�/�di��S/ddd/�df�id/add IJY�s�k�iE�llsbl�sf t#Mfi!`fdY W d'/MllYM�>�//Y�a>'�1�/#��i�/del Y��dlld�d�/wh�Y7d Y�t�d�/i�b�i/a�/�l�Yll�f�(Kfal�!'d/ph',6�ftly! No other facilities of the Licensee shall be located upon any of the Railway's property without its prior written permission. PAGE 1 _I 3. That if a license is hereby given for a telegraph, telephone or other signal line or lines, then any crossing of the same over or under Railway's tracks, shall be constructed and maintained in conformity with Part One of Rules, Regulations and Specifications governing the construction and maintenance of telegraph, telephone and other signal lines over or under the trac,,s of' steam railroads in the State of Florida, adopted by Railroad Commissioners of the State,of Florida, on May 7, 1924, effective August 1, 1924, and all amendments thereto. 4. And if a license is hereby given for an electric light or power line or lines crossing over or under tracks of Railway, then such crossing shall be constructed and maintained in conformity with the provisions of the National Electrical Safety Code as set forth in Handbook H-43 of the National Bureau of Standards in its present form or as subsequently revised, and also in conformity with additional requirements of the Railway to protect its additional facilities located on the Railway's right of way and which are subject to injury or damage arising from the aforesaid location of Licensee's facilities. `5. The Licensee shall within thirty (30) days after date hereof, obtain all necessary permits, licenses and franchises required by Law. Whenever under this. agreement, Licensee's power lines cross or are located within -----feet from any lines or wires of any licensed communication utility on the right of way of Railway, Licensee shall at all times prevent interference in any way with the construction, maintenance, or operation of such crossed or adjacent telephone and telegraph wires, and in such event, Licensee shall adopt, use and maintain the best known and most effective methods to protect the aforesaid telephone and telegraph wires and lines from physical hazard and inductive interference. 6. That said appliance or fixture of the Licensee shall not at any time interfere - - with . or endanger . the.. track, .reached, or other property. of the Railway, - or the operations, ... maintena.*ice or.improvements• of the Railway, or of any other, party..thereon;. and Licensee shall.at its own expense, on notice from said Railway; forthwith change, improve or repair such appliance or fixtures as may be prescribed by said Railway. 7. The Railwav reserves the right to cancel this license agreement upon thirty (30) days' written notice and licensee will, at its own expense, within the afore mentioned thirty (30) days, remove any and all said appliances and/or fixtures of the licensee from the right of way and property of said Railway. 8. That upon Licensee failing to completely -construct or install. as provided in Paragraph 1 or abandoning or ceasing to use and maintain said appliance or fixture herein specified,'or upon the cancellation and termination of this agreement as herein provided, or upon'the-accidental'or other breaking of said appliance or fixture causing damage or danger to the Railway's roadbed, trucks, or other property; Licensee shall and will at once remove said appliance or fixture and restore the premises to its former good condition or at once repair such break or damage at its own cost and expense; and failing to do so, the Railway may make such removal.or restoration at the cost and expense of Licensee. 9. 'Teat Licensee shall and will cause due notice to be given to the Railway when Licensee, or its contractor or anyone claiming under Licensee, proposes .to -enter upon or cross the trucks, roadbed or other property of the Railway with such appliances or fixtures or for excavations therefor, in order that proper protection may be provided for trui.ns. In addition to the terms of Paragraphs 3 and 4, any subgrade or above grade crossing of the Railway's right of way is subject to the terms of the "General .Specifications for Subgrade and Above Grade Crossings of the Railway's.P.ight-of-Way" issued by the Office of Chief Engineer, Florida East Coast Railway Company, the terms and conditions of which are incorporated herein by reference. -.44.wE187 page : 2 : JUS_ .I 0198-0 1. . • _ 8©OK 44 PAGE 3.58 10. In consideration for the granting of this crossing and in recognition of the exposure to hazard of the operation of the Railway by reason of the construction, maintenance and use of said crossing, the Licensee does hereby' -- release and agree to indemnify and save Railway harmless from and against all liabilities, claims, costs and expenses for loss or damage to the property of either party hereto or of third persons and for injuries to or deaths of Licensee, or the agents, employees or invitees of Licensee or third persons or the employees of Railway caused by or arising out of the presence, maintenance, use or removal of said crossing, regardless of any negligence or alleged negligence on the part of any employee of the Railway. 11. Licensee covenants to pay Railway all costs of supervision, labor and material incurred by Railway in supervising, protecting and restoring the property of -the Railway by reason of operation of Licensee. 12. That this agreement shall be binding upon the successors .or the heirs and assigns of Licensee and none of the covenants or agreements shall be waived or modified except by both parties hereoinnwriting iandonoained alleged verbal waiver or modification shall be binding under any circumstances. 13. Licensee agrees to pay Railway, upon the execution and delivery of .this agreement, the necessary amount ofdocumentary stamp taxes required.to be affixed to this agreement under the _laws of the United States of America, the State of Florida, or both. 14. 'Licensee agrees that, if Licensee is herein required to pay unto Railway any sum of money as may be specified on first page hereof, Licensee will pay unto Railway the sum of $ 20.00. in cash in advance for each year for which this agreement may be renewed or may resin in effect beyond one year from date hereof. 15. Licensee agrees that it will, at its expense, adjust.its said facilities to any physical change or additions made at any time by the Railway in -its tracks, or the facilities on, or its property at this location. 16. Licensee agrees that its facilities shall be installed wind maintained by and at the expense of Licensee in a manner that will not at any time be a clanger to or interfere with the safe and efficient operation of the Railway's txacks or equipment thereon, that such work shall be subject at all times to the approval of an authorized representative of the Railway. 17, If Licensee be a municipality or a public or then it agrees that no assessment or other char Quasi public corporation ny shall be ldvied or made again st the Railway or againstaits�ro tura whatsoever account of the installation gr existence of Lice location. e'nses facilities tat this 18. NON..PArVM AND PLACE OF VEMTE. It is expressly Parties hereto that XP lY agreed by and between the Which are not paid want' obligations of the Licensee under the terms of this agreement 30ateof sixPresentation of bills for same by the Railway shall bear interest at the of presentation of the bill until same shall be paid. Icent t is annum from the date that in the event Railway shy institute and prevail in xpressly agreed enforcement of any of its rights under the provisions of an action or suit for the Pay to Railway a reasonable attorneyis fee on account thereof. greement Licensee shall litigation, the parties agree that the laws of the State of Flori�daso' ll � the event of will be in either St. Johns County, or Duval County, at the option of taPP�Y• Venue Page 3 19• It in Nrther mutually understood and agreed by and between the partie9 hereto that License^ will not perform any work on Railway's property without having a railroad watchman present at all times work, hereunder, is being performed, if one is deemed to be necessary by the Railway's Chief Engineer; further, that Licensee co•v►:nants that it will include in any contract which it lets for the whole or any part of the said work to be performed hereunder by or for the Licensee, each and every of the following terms and conditions of the two (2) pages attached hereto and made a part hereof entitled, "INSURANCE MR BETIEFIT OF FLORIDA EAST COAST RAILWAY CCIKrANY TO RE OBTAINED AND KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR OR LICENSEE," and, "INDENIIVITY TO FLORIDA EAST COAST RAILWAY COMPANY AND CONTRACTUAL LIABILITY E NWR.SEKENTS TO CONTRACZ•0:H'S PUBLIC LIABILITY AND PROMTY DAMDDM. LIABILITY INSURANCE FOLTCIES DURING SUCH INDEY,VITIFS." • 20. Notwithstanding the term of this License Agreement and the advance payment of rental therefor, the Railway reserves the right to cancel this License Agreement upon thirty (30) days written notice. That Licensee shall have no expectation of renewal and that the term of this License Agreement is only for the time specified herein, subject always to the termination provisions and regardless of the length of time that Licensee's pipeline may have occupies the licensed property, or the constr- uction of its facilities or personal property placed thereon. 21.Licenses waives and relinquishes any Legal rights and monetary claim which it Light have for full compensation, or damages of arty sort, including but not limited to special damages; severance damages, removal costs or lose of business profits resulting from ita loss of occupancy, •>f the licensed property specified in this agreement whether such property is taken by eminent domain proceedings or sold under the threat thereof. 22. This License Agreement cancel® and supersedes that certain License Agreement between the Railway and General Waterworks Corporation dated November 6, 1962 (and gives Railway's Document No. 1991). IN WITNESS WHEREOF, The parties hereto have caused these presents to be duly executed in duplicate the day and year first herein written. Sij•ned, sealed and delivered in presence of: . Witnesses as to Railway. N C ,o Witnesses as to Licensee. ►AGE + JUL 301980 Florida East Coa@t Railway Company. By:............ ................. ...... ... (seal) President. INDIAN RIVER COUNT3t, a Political Subdivision of the State of P rids c d t rough its Board of Co By: (seal) Attest? ,qz...- (seal) Clerk BOOK 44 PAGE 189 ` JUL 3 01980 --BOOK A pu ga INSURANCE FOR BENEFIT OF FLORIDA EAST COAST RAILWAY COMPANY TO BE OBTAINED AND KEPT IN FULL FORCE AND EFFECT AT COST OF CONTRACTOR In further consideration of the sums of money herein specified to be paid to Contractor, Contractor, at its cost and expense, shall ob- tain and keep in effect insurance policy or policies in the limits of $1,000,000.00 each person injured or killed and $2,000,000.00 each accident occurrence and $1,000,000.00 property damage per person and $20000,000.00 property damage each accident occurrence'directly by Constractual Liability Endorsement to Contractor's General Public Liability and Property Damage Insurance Policies insuring Contractor against loss or damage to Contractor upon the indemnities and within the limits specified in the foregoing paragraph. Alternatively, Con- tractor may procure and keep in effect during the life of this con- struction contract as aforesaid Railroad Protective Liability Policies insuring Florida East Coast Railway Company directly as insured against losses and damages but within the limits specified in the foregoing indemnity paragraph. All such insurance, directly or indirectly for the benefit of the Florida East Coast Railway Company, shall be in a form satisfactory to i:cs Manager of Insurance and issued by a casualty company -insurance company authorized to do business in the State of Florida and have a 'bests' rating of not less than Four R's or better. 177 INDEMNITY TO FLORIDA EAST COAST RAILWAY COMPANY CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC PROPERTY DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH AND LIABILIT', AND INDEMNITIES In further consideration of the sums of money herein agreed to be paid to the Contractor, the Contractor by execution and delivery hereof, agrees that it shall and will at all times hereafter indemnify and save harmless judgrmnts , and all loss, damages, costs, charges, and expenses which Florida East Coast Rail- way Company may suffer, sustain, or in anywise be subjected to on account of or occasioned by the operations, whether or not negligent, of the Contractor or any of the subcontractors, or both, such directly or indirectly under or pursuant to this construction contract, up to the total sums of money, as follows: A. On account of death, personal injuries, loss of income or earning ability of any person, including without limitation on the generality -of the foregoing des- cription employees and officers of Florida East Coast Railway Company, employees and officers of materialmen employees and officers of the Contractor, employees. and officers of all subcontractors, in the limits of $1,000,000.00 each person injured or killed, and $2,0009000.00 each accident occurrence. B. Loss, damage, injury and loss of use of any real or personal property (a) in which Florida East Coast Railway Company has any ownership interest and b personal property in the custody of Florida East Coast Railway Company under any transportation contracts; including without limitation upon the generality of the two foregoing enumerations all railroad equipment commonly described as rolling stock and the contents of the same, all in the aggregate limit of $2,0000000.00 C. Loss, inju,,y, decline in market value or deterioration in quality of any perishable merchand'ise,in the custody of Florida East Coast Railway Company occur- ring or originating during the first forty-eight j48) hours from but excluding the first five (5) minutes any break in the continuity or other obstruction of passage of trains, directly or indirectly wising from the Contractor's operations, upon said track or tracks as the case may be, of Florida East -Coast Railway Company at or within one hundred (100) feet.of said location upon which the work is to be performed hereunder, the improvement, renovation, or repair -of which is the sub- ject matter of this construction contract, and also,all expenses reasonably in- curred Vy Florida East Coast Railway Company 1n and about the re-routing of its trains and cars to, via, and from the lines of railroad of other railtoad common carriers during the first forty-eight (48) hours follo}ging any such break in the continuity of said track or tracks as the case may be of said Rairlway Company at or within one hundred (100) feet of said areas. JUL 3 01980 44 F4" 191 Tvx+c,at{ qa..f - .�g•,•o,\.. Kf �\r�.. !"o 'C` fir. a' -vim '.rte �-��:.?,s: 'e °t�a�'''t',,.3� "• �1 a E.♦ .��h •d U ; lP ti•r nr' r�; > �2%#_ r-- Lam.... •:�. r. r..�•. . o .p L\'� arJ«y"rr 1'�t�,.''-'yrs :f .'• - � � 1 A � ;° a :i ' t � a! r� i .. G it` ;ti wti� 4S ( \ `. .T .f `y, ,¢y tf fc �S �j .tr '\. ,yI .+.y \ r a' t , w x� ,; 'f { x dt � "'��Y -.• -�vt, �T. � '. s tt • t . ' y •,r' a. o ,' a . a . r , • . i A r.5 j o � n • L �. R. �` , i ct •ot ., t , �• ; \ + v E j .r. Vit: I. 4.7 -ir M . .1 -r .. •t 't. u> .SD _ Ta J.cix ' + ' S0 TOMiorrii r j Y LORIDA EAST COAST RAILWAY COMPANY J. TURNER BUTLER $ t1ii•t,l.i41,1 ; •j ipt Lp�y£>i. 1�USf E}� OFFICE Or CHIEF, ENc lmelit � ST. ALICUSTINE, FLOW A'X4 on RAL WATER055wc SCALE- � •� ,�0 _ .. YL.�'d. CQ�•� � 224 /25 DISCUSSION RE DEDICATION OF TRACKING STATION SITE FOR PARK PURPOSES IN PERPETUITY COMMISSIONER LOY FELT SUCH A DEDICATION WOULD BE A WAY TO STRENGTHEN THE COUNTY'S POSITION THAT THE LAND WE KNOW AS THE TRACKING STATION IS TO BE USED FOR RECREATION AND PARK PURPOSES, SHE STATED THAT IF THE BOARD FEELS THAT IS IN THE BEST INTERESTS OF THE COUNTY, THE DEDICATION HAS BEEN PREPARED AND IF APPROVED, CAN BE RECORDED. ATTORNEY COLLINS QUESTIONED WHETHER WE SHOULD STAND ON THIS DOCUMENT OR HAVE SOME ADDITIONAL INFORMATION, AND COMMISSIONER LYONS WONDERED IF THERE IS NOT A MORE PROPITIOUS TIME TO BE NAMING THIS. ATTORNEY COLLINS READ THE PROPOSED DEDICATION ALOUD. COMMISSIONER WODTKE ASKED IF WE ARE TALKING ABOUT THE PARCEL WE HAVE TITLE TO AND THE PIECE OF LAND WE PURCHASED, AND ATTORNEY COLLINS CONFIRMED THAT IS CORRECT: IT DOES NOT INCLUDE THE TRACKING STATION PROPERTY FOR WHICH WE HAVE APPLIED. MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS- SIONER LOY, TO APPROVE THE PROPOSED DEDICATION AS READ ALOUD BY THE ATTORNEY AND AUTHORIZE ITS RECORDATION. ATTORNEY COLLINS COMMENTED THAT THE APPEAL WE ARE INVOLVED IN NOW PROBABLY WILL GO ON FOR FIVE OR SIX MONTHS, AND THE RESULTS PROBABLY WON T BE KNOWN UNTIL SOMETIME AFTER THE FIRST OF THE YEAR; IN ADDITION, IT WOULD BE HIS INTENT THAT WE GO THROUGH THE SAME PROCEDURE REGARDING THE NEW PIECE OF PROPERTY. THE ATTORNEY EXPLAINED THAT WE HAVE FILED THIS APPEAL CLAIMING THAT THE UNCONSTITUTIONALITY OF THE ANNEXATION BY THE TOWN OF INDIAN RIVER SHORES APPLIES TO ALL THE LANDS IMPROPERLY ANNEXED, NOT JUST THE 6.2 ACRES WITH WHICH THE COUNTY IS INVOLVED. COMMISSIONER WODTKE ASKED WHETHER WE WILL HAVE AN ANSWER FROM THE FEDERAL GOVERNMENT IN REGARD TO THE DISPOSAL OF THE EXCESS PART OF THE TRACKING STATION PROPERTY THAT WE JOINTLY REQUESTED WITH FLORIDA INSTITUTE OF TECHNOLOGY WITHIN THE NEXT 30-60 DAYS, O'• Boa .44 PAcE 193 JUL 3 01980 J U L 3 0 19 80 nox 44 FACE 294 COMMISSIONER LOY REPORTED THAT WE HAVE AMENDED OUR APPLICA-` . 4� TION AND IT HAS BEEN FILED, AS WELL AS THE APPLICATION MADE BY F.I.T. SHE BELIEVED THAT THE GENERAL SERVICES ADMINISTRATION IS READY TO RECOMMEND THAT THESE APPLICATIONS BE ACCEPTED; HOWEVER, THEIR LEGAL COUNSEL IS ON VACATION AND WON T BE BACK UNTIL NEXT TUESDAY. THE GSA HAD INDICATED THAT IF THEY GOT AN AMENDED APPLICATION FROM BOTH THE COUNTY AND F.I.T., THEY PROBABLY COULD MOVE AHEAD WITH THE DISPOSAL PROCEDURE WITHIN 30 DAYS. SHE ASKED WHETHER THE ATTORNEY FELT THE PROPOSED DEDICATION AND RECORDING THEREOF WOULD HURT THIS PROCEEDING, AND THE ATTORNEY DID NOT. COMMISSIONER LYONS COMMENTED THAT HE DID NOT FEEL WHETHER WE HAVE THE DEDICATION OR NOT WILL HAVE ANY BEARING ON THE STATE OF MIND OF THE PEOPLE HE IS DEALING WITH. CHAIRMAN SIEBERT COMMENTED IF WE ARE GOING TO NAME THE PARK, IT SHOULD BE DONE IN THE DEDICATION, AND ATTORNEY COLLINS AGREED THAT IS THE LOGICAL PLACE, BUT FELT IT SHOULD ALL BE DONE AT ONE TIME. DISCUSSION CONTINUED IN REGARD TO NAMING THE PARK, AND IT WAS AGREED TO HOLD THIS MATTER OVER AND BRING IT UP AGAIN IN 30 DAYS. COMMISSIONER WODTKE WITHDREW HIS MOTION AND COMMISSIONER Loy WITHDREW HER SECOND. ADDITION TO THE AGREEMENT WITH DELOITTE, HASKINS & SELLS, FOR AUDIT OFUTILITIES COMMISSIONER Loy INFORMED THE BOARD THAT DELOITTE, HASKINS & SELLS HAVE COME UP WITH AN ESTIMATE OF $8,550 TO DO THE AUDITING OF THE NORTH COUNTY, SOUTH COUNTY, AND PEBBLE BAY UTILITIES. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER DEESON, THE BOARD UNANIMOUSLY APPROVED ADDING THE AMOUNT OF $8,550 TO THE CONTRACT DATED APRIL 23, 1980 WITH DELOITTE, HASKINS & SELLS TO COVER THE AUDITING OF THE VARIOUS UTILITIES AS ABOVE. 97 REPORT ON DISCUSSION WITH INDIAN RIVER SHORES RE SEWAGE ALLOCATION COMMISSIONER LYONS REPORTED THAT THE TOWN OF INDIAN RIVER SHORES IS STILL ASKING IF WE CAN LOOK AND FIND SOME MORE SEWAGE CAPACITY, AND THE CITY OF VERO BEACH HAS INDICATED THROUGH COUNCILMAN GREGG THAT IF THE COUNTY COULD COME UP WITH SOME, THE CITY MIGHT COME UP WITH MORE. THE CITY IS ASKING IF WE ARE SURE WE NEED 600,000 GPD FOR 6TH AVENUE, AND COMMISSIONER LYONS STATED THAT HE IS NOT SURE WE DO. HE CONTINUED THAT THE MATTER HAS ALSO COME UP WITH THE CITY AS TO WHETHER OR NOT THE 500,000 GPD HOSPITAL ALLOCATION IS REALLY AN ALLOCATION AND WHETHER OR NOT WE HAVE THE RIGHT, IF THE HOSPITAL SAYS THEY DON_IT NEED IT, TO TRANSFER THAT GALLONAGE. THAT GENERALLY IS WHERE THINGS STAND. HE NOTED THAT THE TOWN OF INDIAN RIVER SHORES IS NOT VERY HAPPY ABOUT GIVING UP THE SUIT AND HE HAS TAKEN THE STAND THAT THE LIMITS ON THE PAYMENT FOR ANY LINE WOULD BE THE COST TO RUN A 6" LINE FROM OUR LINE TO THE CITY OF VERO BEACH LINE IF WE CAN'T GET THIS SETTLED, HE WOULD PROPOSE THAT WE DO CONNECT OUR LIFT STATIONS. CHAIRMAN SIEBERT COMMENTED ABOUT A NEWSPAPER ARTICLE IN REGARD TO ACTION TAKEN BY THE INDIAN RIVER SHORES PLANNING & ZONING COMMISSION, APPARENTLY ON INSUFFICIENT AND MISLEADING INFORMATION. THEY APPARENTLY RECOMMENDED AGAINST THE PROPOSED AGREEMENT WITH BIAS UNDER THE IMPRESSION THAT THIS WAS THE TOTAL ALLOCATION THEY EVER WOULD GET AT ANY TIME. THEY NOW HAVE MET AGAIN AND HAVE AGREED TO SIT BACK AND WAIT TO DETERMINE WHAT THE TRUE STORY REALLY IS. COMMISSIONER LYONS REPORTS ON INDIAN RIVER BOULEVARD AND THE 201 PLAN COMMISSIONER LYONS ANNOUNCED THAT HE HAS A PRELIMINARY DRAFT OF AN ENVIRONMENTAL ASSESSMENT BY THE CONSULTANTS ON INDIAN RIVER BOULEVARD, HE AND THE ADMINISTRATOR AND MOSQUITO CONTROL HAVE REVIEWED IT AND THEIR REMARKS HAVE GONE BACK FOR THE FINAL DRAFT. HE FELT IT LOOKED LIKE A VERY FINE DOCUMENT WHICH SHOULD BE VERY HELPFUL. COMMISSIONER LYONS REPORTED THAT HE HAS SOME MAIL ON THE 201 PLAN FROM THE TALLAHASSEE LAWYERS, THEY MET WITH THE DER AND HAVE 98 Bcox 44 PAGE 195 JUL 301980 JUL 3 01,980 BooK .44 p4rE,196 COME UP WITH A PROPOSED METHOD OF PROCEDURE TO PROVIDE FOR EXPERIMENTAL USE OF WETLANDS, ETC. THEY WILL HAVE ANOTHER MEETING AND VERY LIKELY WILL ASK US TO COME TO ANOTHER MEETING IN TALLAHASSEE VERY SHORTLY. COMMISSIONER LYONS BELIEVED THEY ARE MAKING PROGRESS AND THAT OUR PATH MAY BE FEASIBLE. BUDGET MEETING SCHEDULES CHAIRMAN SIEBERT DISCUSSED THE SCHEDULE FOR BUDGET SESSIONS, WHICH WAS SET FOR MONDAY, TUESDAY, WEDNESDAY AND THURSDAY, AUGUST 4TH, 5TH, 6TH AND 7TH, ALL ON IN-HOUSE DEPARTMENTS, STARTING AT 3:00 EACH AFTERNOON. THE FOLLOWING WEEK, MONDAY, TUESDAY AND THURSDAY, AUGUST 11TH, 12TH AND 14TH, ARE SCHEDULED FOR THE OUTSIDE AGENCIES AND- ARE SET TO START AT 1:00 P.M. AFTER FURTHER DISCUSSION, IT WAS DECIDED TO MEET AT 3:00 P.M. INSTEAD. THESE SESSIONS ARE TO BE HELD AT THE SCHOOL BOARD FACILITIES. RESTROOM FACILITIES AT PROPOSED SOCCER COMPLEX CHAIRMAN SIEBERT REPORTED THAT THE PROPOSED THREE-WAY AGREE- MENT BETWEEN THE CITY OF VERO BEACH, THE COUNTY, AND THE SCHOOL BOARD ON A PROPOSED SOCCER COMPLEX HAS BEEN REJECTED BY THE CITY OF VERO BEACH. THEY HAD TWO RESERVATIONS ABOUT IT, ONE BEING THAT ALL THE FACILITIES WERE LOCATED IN ONE PLACE AND THEY DID NOT KNOW THAT IT WAS IN THE BEST INTERESTS OF RECREATION; SECONDLY, THEY WANTED TO KNOW WHAT THE COUNTY WAS GOING TO DO IN WAY OF LONG RANGE RECREATIONAL. PLANS BEFORE THEY MADE ANY COMMITMENT. THE CHAIRMAN CONTINUED THAT THE SCHOOL BOARD HAS MET SINCE THEN AND STATED THAT THEY WOULD REGRETFULLY, IF NECESSARY, DO IT ON THEIR OWN. CHAIRMAN SIEBERT STATED THAT, IN VIEW OF THE CITY DROPPING OUT AND THE FACT THAT WE HAVE NO ORGANIZED RECREATION PROGRAM, HE DID NOT SEE HOW WE CAN GO INTO THIS PROJECT EVEN IF OUR BUDGET ALLOWED. HE DID NOT BELIEVE WE COULD JUSTIFY OUR PARTICIPATION UNLESS WE WERE READY TO GO INTO A FULL SCALE ORGANIZED RECREATION PROGRAM. THE CHAIRMAN BELIEVED THAT THE SCHOOL _I BOARD HAS RESIGNED THEMSELVES TO GO AHEAD WITH ONE FIELD, AND STATED THAT IF THE BOARD CONCURRED, HE WOULD NOTIFY SUPERINTENDENT BURNS THAT WE REGRETFULLY CANNOT PARTICIPATE IN THE SOCCER COMPLEX, THE BOARD AGREED THAT WE DO NOT HAVE ANY OTHER CHOICE AT THIS POINT, APPOINTMENT TO TREASURE COAST REGIONAL PLANNING COUNCIL ENERGY MANAGEMENT PROGRAM COMMISSIONER LYONS COMMENTED THAT CIVIL DEFENSE DIRECTOR LEE NUZIE ALREADY IS ON THE REGIONAL ENERGY ACTION COMMITTEE, AND HE FELT THAT WHAT IS NEEDED FOR THE PLANNING COUNCILS PROGRAM IS SOMEONE TO DIG OUT THE STATISTICS, HE REQUESTED THAT THE BOARD GIVE ASSISTANT ADMINISTRATOR NELSON ANY RECOMMENDATIONS, MR, NELSON NOTED THAT THEY HAVE A LIMITED STAFF RIGHT NOW, BUT HIS FIRST THOUGHT FOR THIS POSITION WOULD BE COORDINATOR THOMAS SINCE HE HAS WORKED ON THE ENERGY PROBLEM AND WAS FUEL ALLOCATION OFFICER AT ONE TIME, HE BELIEVED THIS PROGRAM MAY VERY WELL ESCALATE TO A POINT WHERE IT WILL REQUIRE A GOOD DEAL OF TIME, FLORIDA POWER & LIGHT DEVELOPMENT ORDER COMMISSIONER WODTKE REPORTED THAT HE HAS BEEN IN CONTACT WITH FP&L, APPARENTLY THERE IS STILL A PROBLEM AS TO THEIR TRANSMISSION LINES ROUTE, AND HE HAS BEEN ADVISED THERE WILL BE COURT ACTION, CORPS OF ENGINEERS STUDY ON BEACH EROSION COMMISSIONER WODTKE REPORTED THAT HE HAS TALKED TO THE CORPS ABOUT THE BEACH EROSION STUDY AND HAS LEARNED THAT THE PLAN HAS BEEN RETURNED TO THEM AT .JACKSONVILLE FOR FURTHER ANALYSIS, HE DID NOT FEEL THERE WILL BE ANY FURTHER CHANGE, AND THAT IT IS MAINLY AN ECONOMIC ANALYSIS, BASICALLY WE ARE BACK AT THE JACKSONVILLE LEVEL, RESIGNATION OF DICK BIRD FROM THE PLANNING & ZONING COMMISSION COMMISSIONER WODTKE ANNOUNCED THAT THE FOLLOWING LETTER HAS BEEN RECEIVED FROM DICK BIRD RESIGNING FROM THE COUNTY PLANNING AND 100 JUL 3 01980 BOOK .44 PAGE 19 /, , JUL 3 01980 Boa 44 PAGE 198 ZONING COMMISSION AS OF NOVEMBER 3, 1980, AND HE,FELT WE -SHOULD ACCEPT IT NOW EFFECTIVE AS OF THAT DATE SO THAT IT DOES NOT GET OVERLOOKED IN THE MEANTIME. 0 Indian River County Commission Mr. W.W. "Bunny"Siebert, Chairman Indian River County Courthouse Vero Beach, Fla, 32960 Dear Members of the Board, July 28, 1980 I would like to hereby submit my resignation as a member of the Indian River County Planning and Zoning Commission effective November 3, 1980. As you are aware, I am a candidate for county commissioner and a recent opinion that I requested from Joe Collins indicates that although I need not resign to run, I should resign prior to the election. I have enjoyed the privilege of serving the County for the past six years while a member of the commission. I feel that we have all worked together in the best interests of Indian River County and I am proud to have been a part of the progress that has been made. I plan to continue to serve as Chairman between now and Nov- ember 3rd in hopes that we can finalize the vital work now under- way on the comprehensive plan. My sincere appreciation for allowing me to serve. Sincerely, Dick Bird ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER LOY, THE BOARD UNANIMOUSLY ACCEPTED THE RESIGNATION OF DICK BIRD FROM THE PLANNING & ZONING COMMISSION EFFECTIVE AS OF NOVEMBER 3, 1980, AND AUTHORIZED THE ATTORNEY TO PREPARE THE NECESSARY RESOLUTION. 101 RESOLUTION 80-68 APPOINTING S. LEE NUZIE TO R,E,A,C, IS HEREBY MADE A PART OF THE MINUTES,. AS APPROVED AT THE MEETING OF JULY 9, 1980, AS WELL AS RESOLUTION 80-70 IN REGARD TO THE 12TH STREET BICYCLE PATH, APPROVED AT THE MEETING OF JULY 16, 1980, RESOLUTION NO. 80-68 BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following person is hereby appointed to serve on the REGIONAL ENERGY ACTION COMMITTEE: S. LEE NUZIE Said Resolution shall become effective as of the 9th day of July, 1980. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER, COUNTY, FLORIDA f ' BY ATTEST: Fre a �Wrig t, r 102 JUL 301900 Willard W. Siebert,Jr.-" Chairman Boa 4.4 Pw 199. Fr­ JUL 3 n 1980 i BooK 44 mGE zoo RESOLUTION NO. 80-70 WHEREAS, the Kiwanis Club of Vero -Treasure Coast has expressed a desire to the Board of County Commissioners to construct a six-foot bicycle path beginning at* 27th Avenue,,; ., running east along 12th Street, then south along 21st Court, then east along 13th Street then south for a distance of approxi- mately 110 feet along 20th Avenue; and WHEREAS, the Kiwanis Club of Vero -Treasure Coast has raised the approximate sum of $11,000.00 through certain fund raising activities for the purposes of constructing the bike path; and WHEREAS, the Kiwanis Club of Vero -Treasure Coast has secured the services and contributions of Global Paving Systems, _I Inc. to assist them in the construction of the bike path; and WHEREAS, the Indian River County Board of County Commissioners wishes to cooperate fully with the Kiwanis Club of Vero -Treasure Coast, and also to require certain insurance coverage of the contractor, Global Paving Systems, Inc.; and WHEREAS, the Kiwanis Club of Vero -Treasure Coast has evinced an intention to convey the proposed bicycle path to the Board of County Commissioners for public purposes upon completion of said bicycle path. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: That the Indian River County Commission approves of the construction of the subject bike path and that the County Administrator, Jack Jennings, is hereby authorized to work along with the Kiwanis Club of Vero -Treasure Coast and Global Paving Systems, Inc., the Contractor towards development of the subject bike path, and further that the Indian River County Board of County Commissioners will accept the bike path on behalf of the citizens of Indian River County upon completion of the subject bike path and upon the certification of the County Administrator that the project was completed in compliance with County's specification. That the Kiwanis Club of Vero -Treasure Coast and Global Paving Systems, Inc., the Contractor will give to the Indian River County Board of County Commissioners a written corsnitment from their insurance carrier indicating that the Indian River County Board of County Commissioners will be a co-insured under the Contractor's existing liability policy to encompass any and all injuries or damages caused by the construction and development of the said bicycle path. Said insurance to be in the principal amounts of $300,000.00 for bodily injury and $500,000.00 for property damage. Attest: ByJ,C__1,_,, 0),/L; du, — Freda Wright, Clerk Adopted: July 16, 1980 JUL 3101980 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA Willard W. Siebert, Jr:„ -Chairman BOGIE , 44. Paul _ JUL 301980 Boa 44 PAGE 242 AGREEMENT AND COMPLETION BOND IN REGARD TO BENT PINE..�,,..b UNITS 3 AND 4 AS APPROVED AT THE MEETING OF .JULY 9, 1980, AND AGREEMENT BETWEEN THE COUNTY AND STATE DIVISION OF FORESTRY IN REGARD TO USE OF THE ROSELAND COLLECTION STATION AS APPROVED AT THE MEETING OF APRIL 23, 1980„ ARE HEREBY MADE APART OF THE MINUTES. AGREEMENT This Agreement Is math: Hilo 9th day of July, 11a8U, Florida Land Company, a Florida corporation, and the Board of County Commissioners of Indian River County, a governmental :trcnc; WHEREAS, Florida Land Company is the owner of certain property in Indian River County more particularly described in ,Exhibit "A" attached hereto; and WHEREAS, Florida. Land Company desires to subdivide and plat. said property described in Exhibit "A" into a residential subdivision to be known as "Bent Pine"; and WHEREAS, Florida Land Company desires to construct all improvements within said subdivision in accordance with all l,.iw:;, ;;ordinances, rules and regulations of Indian River County, and further desires to provide assurance to Indian River County that said subdivision will, in fact, be so constructed; and WHEREAS, the Board of County Commissioners of Indian Rivor County, as a prerequisite to approval of the plat subdividing the property desires to have assurances that construction of improvements shown on the plat will be constructed in accordance with applicable laws, ordinances, rules and regulations; NOW, THEREFORE, in consideration of the mutual promises and ,undertakings set forth herein, the parties hereto agree as follows: i i 1. In connection with the construction of improvements on lithe property described in Exhibit "A" attached hereto, which i:; l proposed to be platted into Befit Pine Unit 3 and Unit 4, Florida ;!Land Company will construct the following; improvements in accor- 1�dance with applicable laws, ordinances, rules and regulations of Indian River County. The cost of said improvements, pursuant to the engineer's estimate of Beindorf and Associates, Inc., is Scot forth in Column 1, a 20% inflation factor is set forth in Column ?, 'i and the total of those two figures is set forth in Column 3. Column 1 Item Cost 1. Clearing $ 7,500.00 2. Subgrade and Grading 38,185.00 3. Concrete Curbs 311,750.00 4. Catch Basins and Drainage 99,780.00 5. Roads and Asphalt Surface 88,100.00 6. Engineering 40,250.00 J U L 3101950 Column 2 Column 3 +20 Total $ 1,500.00 $ 9,000.00 7,637.00 45,8')?.no 6,950.00 41,700.00 19,956.00 119,736.00 17,620.00 105,720.00 8,050.00 48,3oo.00 $308,565.00 $61,713.00 $370,278.00 aooix 44 PAGE 2®3 JUL U 1980 BOOK 44 PAGE204 I II 2. The items of construction and their cost, as set forth above, have been certified by James L. Beindorf, Professional Engineer, dated May 13, 1980, which certificate is attached hereto as Exhibit "B". 3. The improvements listed above will be begun no later than ;'July 15 1980, and shall be completed no later than January 1, 1981. is �I IN WITNESS WHEREOF, the parties hereto have set their hands M and seals this 31st day of July, 1980. I I' FLORIDA LAND COMPANY Witnesses: By k Lc ' I James L. Clark Executiv Vice President l' Attest: `...�._.- Secretary I, BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By: /viewkv i NORTHWESTEEN NATIONAL INSURANCE COMPANY MILWAUKEE, WISCONSIN BOND NO Fj•A �i m.,C� f COMPLETION BOND r..` nr 11 '1 LLND ' � r .moi. .0 AVC:.L:u 1L.. N1 -:1i _SY l':il, .11J, +l:at Wd G:11DA L2,3D LV •an.�� , . jU� l7r' i, f ,dints: i'ark, Florida 32790 as Principal, and the NORTHWESTERN NATIONAL INSURANCE COMPANY, having its principal office and place of business at Milwaukee, Wisconsin, as Surety, are hold -and firmly bound unto INDIAN RIVER COUNTY, FLORIDA, AS OBLIGEE, in the riuli: of THREE HUNDRED SEVENTY THOUSAND TWO HUNDRED SEVENTY EIGHT AND 00/100 ----------------------------------------------------------($370,278.00) Dollars, Or W1,14 C1 pay;..s nt, Well and truly to be made, WC bifid ourselves, Ou.^ ;:eirs, c::.ecutors, ar_:.iinistrators, succuz;,,ors and assiLgns2 jointly and sever lf, f_J_=lY by these presents. (n, ",ca.lcd Wit:! our :; :u1s ll..0 d"tud hiJ 28th day of May ... )1-0. O .d;IE-1 i tL::, the above bounden Fi10.IDt" 1j, ND CG:tI:'t,.�'v will complete ,certain improvement to the subdivision known as BENT PINES UNITS III and IV, in INDIAN RIVER COUNTY, FLORIDA, including a) Subgrading and grading, b) Road base and asphalt surface, c) concrete curbs, d) catch basins and storm sewers, and e) engineering required for the foregoing, all in accordance with the applicable laws, ordinances, rules and regulations inc-luding Ordinance No. 75-3, the Subdivision Ordinance of INDIAN RIVER COUNTY, FLORIDA, and in accordance with the Agreement between FLORIDA LAND COMPANY and INDIAN RIVER COUNTY, FLORIDA dated June 4, 1980, attached hereto as Exhibit "A" as is fully and at large set forth and described in the attached Engineers Estimate, dated May 13, 1980 by James L. Beindorf, , P.E. (Exhibit "B") . l;!;.Rc:i'0;{:✓, the condition of t:.e above ObliL;atio n is such, that if the k.. 11 i)_4'IC;j,al shall Wcll a, -:d truly wnd in goof:, sufficient •..::.1 iCL or (-a-,;.:e t0 ko porfor::".ed tho said contract, and each and every of .)ro::tl3Cs, a;,,1'eements and provisions therein stlpulated, and In frac:: CU:.:.,.y Wit!'..It'. co .ditio,:.. tjac. loin contalnod, then t ,14 L; tJ bl: l/:i::,_--r * L;L! t0 L'U:.•ail. is 1't " i0r ce .-,,d virtue. iliiC.',.:Li:%, sL'it Or UC1, t t..i "Cason O: any dcTault •;::::.�1 GC bT'Ou.;h t, a,;:a:::;t v:a: j,:11 Vi' ..�ia'Ul,;j .LI LI: l' t.YiU u., f:'UL. t::L(C il�l't.:Uf. :t)JU by ::n' l:t:J CO;:trO�.li;:;; i.[t �'OI1a.UCtiOn llCre01', J11C;1 li:litat10,1 %:all Di t:•'.cI i C: Z O bol.:it-:nc:eC t0 l ilial i:I.t ::11111Y:1u:I1 pi riOd O% lil:" Latioll L1ei'I:iittetl Ly :iu�:l j:<< ...:4 i'2'1::C1 Ya stuLll bs 1i::i(ii; :t jt:t:'i,'( t0 a:•y Jolt or .:anon, and be scrvud Wi-Lh 1t: Jt:U:i:i i • t:JC.::N:aC.a[; i,t1U .i:C;ll: :i t.it? ;�1'ilt�:1�):.tl :lite .Oona. No Wit: IC:Jt, 1b�e b :;h LlI be rendered aj;aili:it the Surety in e.ticcss Of tie pel:alty Of t,aiJ triz.ent. JUL 3 01980 FLSR'IDA LAND COMA_ James L. Clark, Executive—Vico P; 2;, !,hent NORTHWESTERN NATIONAL 1'NSl :CE CO?:r�:NY - •� , e► By William W. Bigelow, Attorney -in -Fact BOOK 44 eaci 205 J U L 3 01900 wK -.44 QacE las amNORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN A STOCK COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, That NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN, a Wisconsin corporation, does hereby make, constitute and appoint ------------------------William W. Bigelow, Orlando, Florida ------------------ its true and lawful Attorney(s}in-Fact, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto if a seal is required, bonds, undertakings, recognizances or other written obligations in the nature thereof, as follows: ----------------Any and all bonds, undertakings, recognizances or other written obligations in the nature thereof ------------------ and to bind NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are hereby ratified and confirmed. This appointment is made under and by authority of the following provisions of the By -Laws of the company, which are now in full force and effect: Article II, Section 1. The business and property of the company shall be managed and controlled by the board of directors. Article III, Section 1. ..The board of directors may appoint additional officers and agents to perform such duties as may be assigned by the board of directors. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN at a meeting duly held on May 14, 1963. RESOLVED that the president, any vice-president or assistant vice-president, In conjunction with the secretary or any assistant secretary, may appoint attorneys -in -tact or agents with authority as defined or limited In the Instrument evidencing the appointment In each case, for and on behalf of the company to execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -In -fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the company (i) when signed by the president, any vice-president or assistant vice-president, and attested and sealed (if a seal de required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice-president or assistant vice-president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly auth„ rized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys -in -fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the company; and such signature and seal when so used shall have the same force and effect as though manually affixed. IN WITNESS WHEREOF, NORTHWESTERN NATIONAL INSURANCE COMPANY OFITl,tWAUKEE, WISCONSIN has caused these presents to be signed by its proper officer, and its corporate seal to be hereunto affixed this ...................... day of ..... AR:r..i..1................ 19.7.6.. . Q++,;,oM�, NORTHWESTERN NATIONAL INSURANCE COMPANY % or: OF MILWAUKEE, WISC�NSIN W:MKwAVKEE :f. 'I '- VAS ./I,. i; ' ..... ... .. ... �,',y......•:oo>j I P s dent t A t. Secretary STATE OF WISCONSIN, COUNTY OF MILWAUKEE—ss On this ..........i..!.th... day of..........APT:i.! .................... A,D., 19 .78.., personally came before me, ..... LeRoy.,E..... Kenrie.dX......... and . Patr.i.ck„ L. Caranfa..., to me known to be the individuals and officers of the NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN, who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly sworn, did severally depose and say: that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officerswere duly affixed and subscribed to the said instrument by the authority of the board of directors of said corp ' n.- tt'#0 Atli, Notary Public 2/ 15/81 tt y Commission Expires ...................................................... Md \ AI/eIIC fir`!•' 'al STATE OF WISCONSIN, COUNTY OF MILWAUKEE—ss CERTIFICATE I, the undersigned, assistant secretary of the NORTHWESTERN NATIONAL INSURANCE COMPANY OF MILWAUKEE, WISCONSIN, a Wisconsin corporation, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the By -Laws of the company and the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. Signed and sealed at the City of Milwaukee this ..... :.81.l.l...... day of ...... ... ......... .......... ..... ,19 ..�... ......i!f71���........... ......... ....... 11736 (5.77_ r/ o Auis/ant Sscntery q srMrrAwccEj� Thomas A. Savi gnac M BENT PINE SUBDIVISION UNITS 3 AND 4 Commence at the Southeast corner of the Northeast Quarter of Section 16, Township 32 South, Range 39 East, Indian River County, Florida, run North OW 07' 33" West along the East line of Section 16 a distance of 81.00 feet to.the North right of way line of Storm Grove Road and point of beginning; from the point of beginning, run North 890 44' 24" East along the North right of way line of Storm Grove Road a distance of 970.07 feet; thence run North 000 15' 36" West a distance of 10.00 feet; thence run Easterly along a curve concave to the left having a radius of 225.14 feet and run an arc distance of 248.73 feet; thence run North 260 21' 56" East a distance of 17.97 feet; thence run North 710 40' 08" East a distance of 177.00 feet; thence run North 420 45' 55" East a distance of 130.90 feet; thence run North 260 56' 04" East a distance of 67.51 feet; thence run North 360 33' 07" West a distance of 598.20 feet; thence run North 200 06' 45" West a distance of 756.11 feet; thence run West a distance of 70.00 feet; thence run South 850 36' 05" West a distance of 130.38 feet; thence run South 740 44' 42" West a distance of 171.03 feet; thence run South 140 48' 30" East a distance of 449.94 feet; thence run South 240 58' 53" East a distance of 970.82 feet; thence run South 810 01' 39" East a distance of 121.19 feet; thence run South 260 21' 56" West a distance of 8.37 feet; thence run on a curve concave to the right having a radius of 175.14 feet and run an arc distance of 193.46 feet; thence run South 890 44' 24" West a distance of 148.16 feet; thence run North 250 10' 48" West a distance of 8.85 feet; thence run North 600 43' 04" West a distance of 43.01 feet; thence run North 350 57' 52" West a distance of 106.89 feet; thence run North 350 29' 40" West a distance of 55.85 feet; thence run North 060 28' 21" West a distance of 57.20 feet; thence run North 410 27' 19" West a distance of 80.00 feet; thence run North 060 33' 22" East a distance of 26.91 feet; thence run North 410 27' 19" West EXHIBIT "A" Boa 44 FArF 2n7 JUL 3 01990 JUL -3 01980 aaaK 44 eAcE 208 Page 2 a distance of 240.00 feet; thence run North 200 39' 32" West a distance of 325.96 feet; thence run North 160 54' 19" West a distance of 533.03 feet; thence run South 730 14' 15" West a distance of 433.42 feet; thence run South 110 32' 05" East a distance of 250.05 feet; thence run South 220 27' 25" East a distance of 405.77 feet; thence run South 010 39' 54" East a distance of 172.07 feet; thence run South 360 02' 16" West a distance of 399.44 feet; thence run South 000 00' 14 East a distance of 64.82 feet; thence run South 890 44' 24" West a distance of 9.57 feet; thence on a curve concave to the right having a radius of 279.34 feet and run an arc distance of 225.54 feet; thence run North 430 59' 59" West a dis- tance of 3.01 feet; thence on a curve concave to the left having a radius of 145.09 feet and run an arc distance of 93.30 feet; thence on a curve concave to the left having a radius of 705.54 feet and run an arc distance of 88.81 feet to the East right of way line of Club House Drive of Bent Pine Subdivision Unit Two as per Plat Book 10, Page 41-A, Public Records of Indian River County, Florida; thence run Southerly along the East right of way of Club House Drive on a curve concave to the left having a radius of 256.06 feet and run an arc distance of 52.19 feet; thence run Easterly on a curve concave to the right having a radius of 655.54 feet and run an arc distance of 96.64 feet; thence on a curve concave to the right having a radius of 95.09 feet and run an arc distance of 61.15 feet; thence run South 430 59' 59" East a distance of 3.01 feet; thence on a curve concave to the left having a radius of 329.34 feet and run an arc distance of 265.90 feet; thence run North 890 44' 24" East a distance of 9.35 feet; thence run South 000 00' 14" East a distance of 8.84 feet to the Norht right of way line of aforesaid Storm Grove Road; thence run North 890 59' 46" East along the North line of Storm Grove Road a distance of 240.48 feet to the point of beginning. Contains 32.62 acres more or less. - June 18, 1980 l:S'CIAt<1'I'I,D COST OF I'MPROVI-T1ENTS FOR FLORIDA LAND COMPANY'S ];I:�l'1' PINE. UNTTS 3 AND 4 FOR ROADS, DRAINAG-E AND FNCINF RLNC I, Jamas L. Reindorf, of Beindorf and Associates, Inc., an Engineer in good sLandink; with the Florida State Board of 1'Aijj vcr Examinee-!,, du hereby certify that the work required to be performed in accordance wLth the attached Performance: bond of thr Florida l,:nul Company, as Principal, given to Indian River County, a political subdivision of the SLaLe of Florida, to complete all Olt- improvements required by the County for the Platting of said subdivision whLch said items ;►ro as follows: 1. Clearing 2. Subgrade and Grading 3. Concrete Curbs 4. Catcl► liasius and Drainm u 5. Roads and Asphalt Surface 6. Eng Inoer1ng Date: May 13, 1980 $ 7,500.00 38,185.00 34,750.00 90,780.00 88,100.00 40,25n.00 $3081565.00 RI:INDORF AND ASSOCIATES, TNC. lie it By I1"►-ida Registratian No. 5 s7'i EXHIBIT "B" BOOK 44 PACE M JUL 3 01980 i JUL 3 01980 600K 44 eacE 21x0 A G R E E M E N T THIS AGREEMENT, Made and entered into this 23rd day of April, 1980 , by and between INDIAN RIVER COUNTY_; a political sub- division of the State of Florida, hereinafter called "COUNTY", and STATE OF FLORIDA DIVISION OF FORESTRY, hereinafter called "FORESTRY"; W I T N E S S E T H: For valuable consideration the parties agree as follows: 1. FORESTRY agrees to pay COUNTY for the use of the COUNTY'S Roseland Collection Station, a minimum fee of TEN DOLLARS ($10.00) per month or NINE DOLLARS ($9.00) per ton, whichever amount is larger. 2. FORESTRY agrees that it will monitor its dumping into the Roseland Collection Station and keep records which will be available to COUNTY for inspection. FORESTRY further agrees that only such items shall be dumped into the Roseland Collection Station as is normally found in park use, such as garbage, paper, rubbish, etc. No large items or non -burnable items shall be permitted to be dumped at the Roseland Collection Station. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Signed, sealed and delivered in the presence of: INDIANRIVER GO Y f C airhia , toaFd of Coupy Commissioners A County STATE OF FLORIDA DIVISION OF FORESTRY By District res er As*to Forestry' LAW OFFICES OF COLLINS, BROWN, CALDWELL, VAN DE VOORDE & EVANS, CHARTERED P. O. BOX 3686 - 744 BEACHLAND BOULEVARD - VERO BEACH. FLORIDA 32960 PHONE 567-3463 P. O. BOX 266 - 220 NORTH U. S. NO. 1 - SEBASTIAN. FLORIDA 3295B PHONE 589-3156 LEASE IN REGARD TO THE AGRICULTURAL CENTER OF INDIAN RIVER COUNTY, INC., AND THE COUNTY, AS APPROVED AT THE MEETING OF JULY 9, 1980, IS HEREBY MADE A PART OF THE MINUTES, 114 JUL 3 01980 BOOK 44 PAG -t211 -I ' J U L 30 19 80 rr��e� BOOK 44 PACE K112 L E A S E The Lessors, AGRICULTURAL CENTER OF INDIAN RIVER COUNTY., INC., 7150 20th Street, Vero Beach, Florida, and the Lessee BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY each in consideration of the agreements to be performed by the other, hereby, on this, the 1St day of June , 19 80 , agree: 1'. PROPERTY AND TERM: The Lessors hereby lease to the Lessee the space known as Office Unit No. F and G in the Agricultural Center of Indian River County, Inc., Vero Beach, Florida, for a term of One year,9 from the date of this lease. 2. RENT: The Lessee will pay to the Lessor rent payments for the property leased in the following manner: (A) The total annual rent for the first year of the lease shall be the total sum of $---$5,580.00 $ eeeut es - cif-1�#s- lreas a -,-tie ��ee�gt wk�e►o-€-i,� -h��b- aEl�r�aw� e�ger�. Monthly rental payments in the amount of $ $465.00 per month shall be paid on the first day of each month in advance commencing June 1. 1()80 (B) The total annual rent for the second year of the lease shall be the total sum of $�`�, payable in monthly rent installme, of $ due on t� tfs day of each month in advance commencing (C) The total annual rent for total sum of $ ' ments of ch month in advance commencing rd year of the lease shall be the le in monthly rent install- on the first day 3. DAMAGE DEPOSIT PROVISION: In addition to the above, the Lessor asks the receipt of the sum of ONE HUNDRED DOLLARS ($100.00) as a damage deposit, to be held by the'Lessor during the period of the lease. In the event that at termination of this lease, should any repairs be necessary other than normal wear and tear, the Lessee shall be responsible for said repairs, -and-davage-de-pee=t- -Shali+t-*Pr1ied-there to-.--lesser-sural-1;-upetl-€j_�-iaspeetion-ea&-de£ermi-nation" -re-f un+ tb- tete- +.e9 -s s uc4z smaun-t- e €-Demage• -Dep es -i -t a& -rot- r-egiA-recl -to- re4B&dy -any- -nee de-& -rep airs . COUNTY TAX EXEMPT NUMBER: 030001705.1 slim 4. USE: The Lessee will use the leased property only as an office for the practice of business as approved by the Lessors and will make no unlawful, improper or offensive use of the leased property. 5. ASSIGN:iENT OR SUB -LEASING: The Lessee may not assign this lease or sub -let the premises or any portion thereof without the prior written consent of the Lessors. 6. ACCESS BY LESSORS: The Lessors may enter, inspect, and make such repairs to the leased property as the Lessors may reasonably desire, at all reasonable times. 7. REPAIRS: The Lessors will maintain the exterior of the leased property, including the roof, windows, air-conditioning unit and exterior walls, in good and substantial repair. The Lessee will maintain the interior of the leased property, including interior ceilings, walls, floors, fixtures, pipes and doors in good and substantial repair. The agreements in this paragraph do not apply to any damage caused by fire or other casualty. 8. ALTERATIONS: Any and all alterations, or modifications to the leased property made by the Lessee, must be first approved by the Lessors. 9. DAMAGE BY FIRE OR OTHER CASUALTY: If the leased property is damaged by fire or other casualty to the extent that it is untenantable, the Lessors shall have the option to rebuild and repair the leased property or to terminate this lease; if damaged to a lesser extent, the Lessors will rebuild and repair. In the event of such damage, the rent payable under this lease shall abate in proportion of the impairment of the use that can reasonably be made of the property for the purpose permitted by this lease, until the property is rebuilt and repaired (or until the lease is terminated in accordance with this paragraph). 10. WAIVER OF EXEMPTION: Any constitutional or statutory exemption of the Lessee or any Assignee or Sub -lessee, of any property usually kept on the leased premises, from distress or forced sale is waived. 11. REMEDIES FOR FAILURE TO PAY RENT. If rent required by this lease shall not be paid when due, the Lessors shall have the option to: (a) terminate this lease, resume possession of the.property for their own account, and recover immediately from the Lessee the difference between the rent specified in this lease and the fair rental value of the property for the remainder of the term, reduced to present worth, or (b) -resume possession and release the property for 44 PAu213 . JUL 301980 _I 'JUL 3 01980 aoox 44 Qac 24 the remainder of the term for the account of the Lessee, and recover from the Lessee at the end of the term or at the time each payment of rent comes due under this lease, as the Lessors may choose, the difference between the rent specified in the lease and the rent received on the re-leasing or renting. In either event, the Lessors shall also recover all expenses incurred by reason of the breach, including reasonable attorney's fees. 12. REMEDIES FOR BREACH OF AGREEMENT: If either Lessors or Lessee shall fail to perform or shall breach any agreement of this Lease other than the agreement of the Lessee to pay rent, for ten (10) days after written notice specifying the performance required shall have been given to the party failing to perform, the pary so giving notice may institute action in a court of competent jurisdiction to terminate this lease or to compel performance of the agreement, and the prevailing party in that litigation shall be paid by the losing party all expenses of such litigation, including a reasonable attorney's fee. - 13. TERMINATION OF LEASE: This lease shall be terminated immediately if the Lessee shall be dissolved, become insolvent or bankrupt, or make an assignment for the benefit of creditors. 14. UTILITIES: The Lessee is to pay all light and other utility charges, including expense of air conditioning operations which may be due and payable against the property leased herein. Water shall be furnished at the expense of the Lessor. 15. OPTION TO LEASE MONTH-TO-MONTH: The Lessee shall have the option to re -lease the premises on a month-to-month basis for a period of six (6) months after termination of the Lease Agreement as herein provided. The rent for the option period shall be $480.00 per month IN WITNESS WHEREOF, the parties have hereunto set their hands and seals in duplicate on the day and year first written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: As to the Lessors s to/ he Lessees AGRICU URAL CENTER OF INDIAN RIVER COUNTY, INC. LESSO I&Im c �, David E. Gunter- agent for (Seal) Pres, Ag, Center -lessons (Seal) BOARD OF COUNTY COMMISSION OF INDIAN RIVER COUNTY- F ORIDA L SEE Chair an, Board of C (UX�� al) Commissioners (Seal) _ ® r THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND No. 66533 - 66745 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 7:10 O'CLOCK P.M. ATTEST: a-) CLERK CH IRMAN 118 JUL 3 01980 BOOK - 44 PAGE 215