HomeMy WebLinkAbout9/10/1980WEDNESDAY, SEPTEMBER 10, 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, SEPTEMBER 10,
1980, AT 8:30 O'CLOCK A.M. PRESENT WERE WILLARD W. SIEBERT, JR.,
CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLIAM C. WODTKE, SJR.; R. DON
DEESON; AND PATRICK B. LYONS. ALSO PRESENT WERE NEIL A. NELSON,
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 DEESON LED THE PLEDGE OF ALLEGIANCE TO THE
FLAG, AND .JIM NEWSOME, MINISTER OF EDUCATION, FIRST BAPTIST CHURCH,
GAVE THE INVOCATION.
ADDITIONS TO AGENDA .
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS TO THE AGENDA.
COMMISSIONER LYONS REQUESTED ADDING AN ITEM REGARDING THE
HOSPITAL SEWER ALLOCATION; A REPORT ON THE STATUS OF INDIAN RIVER
SHORES AND VERO BEACH; TWO ITEMS REGARDING THE REGIONAL PLANNING
COUNCIL - ONE INVOLVING 8TH AVENUE, AND THE OTHER THE APPOINTMENT OF
OUR MUNICIPAL REPRESENTATIVES.
FINANCE OFFICER BARTON REQUESTED ADDING A PROCEDURE TO
ALLOW HIM TO MOVE LINE ITEMS TO BALANCE THE ACCOUNTS WITHOUT COMING
TO THE BOARD - THIS WOULD BE A HOUSEKEEPING MATTER. HE THEN REQUESTED
ADDING A BUDGET AMENDMENT TO PAY FOR POSTAGE FOR THE PROPERTY APPRAISER.
COUNTY ADMINISTRATOR NELSON REQUESTED ADDING THE SUNCOM
AGREEMENT; AND ADDING A REQUEST FOR OUT -OF -COUNTY TRAVEL.
ATTORNEY COLLINS REQUESTED ADDING AN ITEM TO SUMMARIZE THE
AGREEMENT FOR THE TRACKING STATION.
CHAIRMAN SIEBERT REQUESTED ADDING AN ITEM REGARDING A
PROCEDURE FOR APPOINTMENT OF A COUNTY REPRESENTATIVE TO SOUTH COUNTY
FIRE TAXING DISTRICT.
BOOK 44 PAGE•4.36
SEP 101980
SEP 10190
900K 44 PAGE 437
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED ADDING THE ABOVE ITEMS TO THE
AGENDA,
F M1*1 ►
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE SPECIAL MEETING OF AUGUST 14, 1980.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING
OF AUGUST 14, 1980, AS WRITTEN.
APPROVAL OF CLERKS AGENDA
THE BOARD NEXT CONSIDERED THE FOLLOWING REQUEST FROM THE
FINANCE OFFICER:
September 10, 1980
To: Board of County Commissioners
From: Jeffrey K. Barton, As Budget Director
Subject: Request Approved of the following proceedures
Chapter 129.06_(2) (a) "The Board of County Commissioners, however,
may establish procedures by which the designated budget officer may
authorize certain intradepartmental budget amendments, provided
that the total appropriation of the department shall not be changed."
Procedures for intradepartmental budget transfers:
When the budget officer determines that an intradepartmental budget
transfer is necessary, the budget officer shall prepare a document
stating why the intradepartmental budget transfer is necessary
and file the document in the finance office. The finance officer's
staff will then enter the intradepartmental budget transfer in the
budget and accounting records of the Board of County Commissioners.
COMMISSIONER WODTKE WONDERED IF THERE SHOULD BE A DOLLAR
LIMITATION ON THE BUDGET TRANSFERS. HE CONTINUED THAT IF A DEPARTMENT
HAS NOT USED ALL OF ITS MONEY, THE FINANCE DEPARTMENT MIGHT GET FLOODED
WITH A MAZE OF TRANSFERS.
FINANCE OFFICER BARTON STATED THAT FOR CAPITAL EXPENDITURES
HE WOULD HAVE TO COME BACK TO THE BOARD FOR APPROVAL.
COMMISSIONER LYONS STATED HE WOULD BE WILLING TO TRY THE
BUDGET TRANSFERS, WITH THE EXLUSION OF CAPITAL ITEMS, FOR ONE YEAR.
COMMISSIONER LOY REALIZED THAT THE FINANCE OFFICER WAS
TRYING TO MAKE THIS MORE EXPEDIENT AND EASIER FOR THE FINANCE DEPARTMENT.
INTERGOVERNMENTAL COORDINATOR THOMAS COMMENTED THAT THERE
ARE CERTAIN ACCOUNTS THAT ARE PROBABLY DELAYED TO THE LAST MONTH - IF
THE MONEY WAS USED AT THE BEGINNING OF THE YEAR, THERE MAY BE A
SHORTAGE OF FUNDS. HE STATED THAT, TRADITIONALLY, THE REPAVING OR
PAVING OF ROADS IS DONE IN SEPTEMBER.
FINANCE OFFICER BARTON NOTED THAT HE CAN FURNISH A RECAP
OF ALL THE TRANSFERS AFTER THEY ARE COMPLETED.
COMMISSIONER Loy SUGGESTED THAT MR. BARTON PREPARE THE
BUDGET TRANSFER ITEMS TO LET THE BOARD GET AN IDEA ABOUT THE SITUATION,
AND MR. BARTON AGREED.
CHAIRMAN SIEBERT NOTED THAT THIS MATTER CAN BE ADDRESSED
AT THE MEETING OF SEPTEMBER 24, 1980.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY APPROVED AN APPLICATION FOR A PERMIT
TO CARRY A CONCEALED FIREARM FOR LOUIS WAYNE CARTER.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL
FOR .JUDITH A. WAKEFIELD, COUNTY EXTENSION DIRECTOR, AND PETE SPYKE,
EXTENSION AGENT, AS FOLLOWS:
.JUDITH A. WAKEFIELD:
SEPT. S BARTOW STAFF MEETING WITH NEW DISTRICT AGENT, DR.
MAURICE COLE. WE WERE NOTIFIED TOO LATE TO
OBTAIN PRIOR APPROVAL AT A BOARD MEETING.
MR. SIEBERT WAS CONTACTED CONCERNING THIS
MEETING.
3 600K 44 P,1GE 4.3 8 '.
SEP i Q 1980
SEP 101980 aoo>I 44 PAGE439
PETE SPYKE:
Sept. 5 Bartow District Iv Staff meeting with Dr -Maurice Cole.
Our state supervisory districts have been re-
organized. Dr. Cole is the new District Agent.
Sept.10-11 Winter Haven FL.Citrus Growers Institute (on State Funds).
Extension -sponsored educational meeting for
citrus growers. The Institute is the state-
wide version of the Indian River Citrus Seminar.
Sept.- Oct. Melbourne St.Johns River Water Management District Upper
(Dates to be announced) Basin Advisory Committee meetings. Purpose of
meetings is to formulate a water management
plan for the portion of the St.Johns River
lying between the Turnpike and S.R. 50,
Sept. Kennedy Space Continue interpretation of data from scanning
(when free) Center radiometer flight measuring effects of various
cold protection measures in citrus groves,
I am still working with NASA technicians and
computer facilities on a joint venture to
help NASA develop scanner technology and
help me make cold protection recommendations.
A maximum of 3 or 4 more trips to K.S.C. will
be necessary.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY APPROVED THE BUDGET AMENDMENT FOR
ALLOCATION OF FUNDS FOR POSTAGE FOR THE PROPERTY APPRAISERS OFFICE,
AS FOLLOWS:
ACCOUNT TITLE ACCOUNT N0. INCREASE EC E
POSTAGE 001-500-513-34.21 $7,695
RESERVE FOR
CONTINGENCIES 001-199-513-99.91 $7,695
THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE
IN THE OFFICE OF THE CLERK:
TRAFFIC VIOLATION BUREAU - SPECIAL TRUST FUND
MONTH OF AUGUST, 1980
TRAFFIC VIOLATION FINES BY NAME - AUGUST, 1980
DEPARTMENT OF CORRECTIONS INSPECTION REPORT OF
COUNTY AND MUNICIPAL DETENTION FACILITIES,
JULY 291 1980
4
ANNUAL COOPERATIVE FOREST MANAGEMENT REPORT BY URBAN FORESTER PALMIOTTO
URBAN FORESTER PALMIOTTO REVIEWED THE ANNUAL CFM REPORT
WITH THE BOARD, AS FOLLOWS:
e �olvst,M
STATE OF FLORIDA 000 p l FLORIDA DEPARTMENT OF AGRICULTURE E CONSUMER SERVICES
�P h
44A1'MEN� O
DOYLE CONNER. COMMISSIONER DIVISION OF FORESTRY / COLLINS BUILDING / TALLAHASSEE 32304
ANNUAL CFM REPORT TO COUNTY COMMISSIONERS
September 3, 1980
As required under the provisions of the County Contract, Sections 589.28-
589.34 Florida Statutes, an annual report is submitted no later than
September 30 of each year to cover work undertaken during the previous
fiscal year.
As the Vero Beach/Indian River County Forester, I respectfully submit the
following report of the activities of the foresters in the Vero Beach/Indian
River County Project for the twelve month period ending July 1, 1979, to
June 30, 1980:
During the past fiscal year, there have been three foresters in the project.
I am the third, having started work February 29, 1980. Before my position
here, I was the Lee County Forester for approximately ten months. I hail
from Albany, New York, and received my Bachelor of Science Degree in Resource
Management from the College of Environmental Science & Forestry at Syracuse.
Over the past fiscal year, there have been 612 assists to individuals and
local governments involving 1,029 hours of the forester's recordable time.
I. Forest Management 1.2%
A. Forest Management Plans Prepared
5 assists 2 acres
B. Diagnosis or Reconnaissance Only
An assist that required a visit to the recipients property
that does not result in or is a part of a measured output
or accomplishment.
2 assist's 50 acres
C. Cut Pulpwood
1 assist
II. Fire Control .8%
A. Fire Control Activities
Assistance on a fire
4 assists
III. Forest Education 4%
A. Educational Curriculum Development
2 assists
B. Exhibits, Demonstrations, Speeches
12 assists 1,800 people attending
C. Environmental Education Classes
1 assist 60 children attending
SEP 101980 8t10K 44- PIK 440.
� J
Pr -
SEP x.01980
IV. Forest Products Utilization 2%
A. FPU Contacts
Any contacts made with forest products processors and
operators
13 assists
V. Urban Forestry 47.7%
A. Tree Transplanting Assists
1 assist 5 trees
B. Beautification Projects
15 assists
C. Shade & Ornamental Tree Advice
24 assists 250 trees
D. Tree Removal Assists
4 assists 7 trees
BOOK 44 PgE 441
E. Comprehensive Planning
Assist to any county, municipal, regional or area planning
organization
15 assists
F. Meetings Attended (general)
59 meetings
G. Parks & Recreation Department
2 assists
H. Meetings of State & Federal Agencies (SCS, ASCS, Extension Service,
SWCD)
32 meetings
I. Meetings with Garden Clubs
1 meeting
J. Natural Resources Development Project
4 projects
K. Establishment of Green Areas to be Used as a Natural Buffer or
Watershed
1 assist 10 acres
L. Street Tree Survey
1 assist 5 acres
VI. Media 7.8%
A. Written Material & Speeches Prepared
29 articles
B. Mass Media Appearances & Productions
(Radio & Television)
10 programs
VII. Personnel Training 29.5%
A. Administrative Training Given
1 assist 4 people
B. Training Received
140 manhours
C. Assists to Division Personnel
26 assists
VIII. Other 7%
A. Tax & Other Financial Management
2 assists
B. Incidental Assists
309 assists
This is the report for the activities during the past fiscal year. 40% of
the Forester's time was spent serving Indian River County and 40% of the time
serving the City of Vero Beach. j
I would like to conclude this report with a brief overview of the activities
I am presently working on and hope to accomplish in the future.
This month I have scheduled two garden club talks, a Melaleuca Symposium, a
potential timber sale in Wabasso, the presentation of this report to the City
and County, two City ordinances in the works and a County mangrove ordinance
in the works.
My future activities are listed in the enclosed sheets.
I have been very pleased with the response and cooperation of the City and
County planning officials. I hope to maintain this good working relationship
and urge you to suggest projects you would like for me to work on. Thank
you for your support.
Respectfully yours,
Paul Palmiotto
Urban Forester
'� /•'.1 [�+� � ' .L
<.w..N,..LaS L,.. .r .. � J..C.' I'i 43.1
?. �.ign .0 : K. lt:= s: 2 �' ,.c:; r_t� :'' t'u : s ,. .'2vironmental Education
n
I., :a.i%:'in
4. -B i1titx":A1y s:T`t iCl .,Ixj the- _11:1J.
K Or,, --d colleetion fox the m)i—Sen .
C�vnt..,ay ear. Tw 02u; b .. c ounty public library.
SEP 101980 sooK 4 4 PA--
442
SEP 101980
CFM Work Plan
Vero Beach Indian River County
Long Range Goals 80-82
1. Help City get Tree City USA award.
2. Create slide series
a. Dendrology
b. Flowering Trees
c. Insects and Disease
d. Poisonous Plants
e. Wildlife Plantings
f. Landscaping for energy conservation.
g. Beach work
h. Fire control
i. Tree Care and Maintenance
BooK 44 PAGE 443.
3. Canopy Analysis
4. Street Tree Inventory
5. Get City nursery active
6. Get an active street tree planting program going or Greenup operation.
CFM Work Plan
Vero Beach Indian River County
Shor'b Term Goals 80-81
1. Give at least six talks to Garden Clubs, etc.
2. Have a Ranger Training Session in Forestry.
3. Get a City Ordinance passed limiting the heights of Australian pines.
4. Get the City Ordinance changed about what trees can be planted in
the R.O.W. and where.
5. Teach FFA or Environmental Education camp.
6. Start the Interstate Planting program.
7. Try and get some tree planting done in minority areas.
8. Hold a workshop for builders and developers on tree protection during
construction.
9. Work with local FFA group.
10. Work with City and County on any beach related work.
MR. PALMIOTTO INFORMED THE BOARD THAT HE IS INVOLVED IN
FIRE CONTROL; HE IS QUALIFIED AND DID ASSIST WITH SEVERAL FIRES
THIS YEAR.
TO HIM.
COMMISSIONER LYONS ASKED HOW THE BOARD COULD BE OF ASSISTANCE
MR. PALMIOTTO RESPONDED THAT IT WOULD BE HELPFUL IF THE
BOARD SUGGESTED PROCEDURES AND VARIOUS ORDINANCES THAT THEY CONSIDERED
IMPORTANT. HE IS WORKING WITH THE PLANNING DEPARTMENT AND THEY HOPE
TO GET TOGETHER A LAND USE PACKAGE AND GET ORDINANCES FOR MANGROVE
PROTECTION, LANDSCAPING, AND TREE PROTECTION. MR. PALMIOTTO COMMENTED
THAT VARIOUS ASPECTS WILL BE COVERED BY THESE ORDINANCES WHEN SOMEONE
COMES IN FOR A SITE PLAN,
COMMISSIONER LYONS WAS HOPEFUL THAT THERE WOULD BE AN ENERGY
STUDY WHERE TREES COULD BE USED FOR ENERGY CONSERVATION.
CHAIRMAN SIEBERT DISCUSSED BURN PERMITS AND WONDERED IF IT
WOULD BE HELPFUL TO THE CITIZENS TO HAVE JUST ONE PLACE TO OBTAIN THE
BURN PERMITS AND FELT THIS SHOULD BE PURSUED; COMMISSIONER LYONS
AGREED.
SALE OF COUNTY PROPERTY DISCUSSION - REQUESTED BY SIDNEY D. MASON
THE BOARD DISCUSSED THE SALE OF PROPERTY IN ERCILDOUNE
HEIGHTS SUBDIVISION AS OUTLINED IN THE FOLLOWING LETTER FROM SIDNEY D.
MASON:
E
SEP 101990
aou 4 P,,Gi 444
r
SEP 101980 BOOK a 44 PAGE 445 -7
I
ATTORNEY COLLINS EXPLAINED THAT THIS WAS A SITUATION SIMILAR
TO ONE THE COUNTY HAD WITH THE GALE PROPERTY RECENTLY. HE AFFIRMED
THAT THE COUNTY IS NOT IN A POSITION TO SELL ANY PROPERTY - ALL THE
COUNTY CAN DO IS ABANDON THE DEDICATION.
MR. MASON APPROACHED THE BOARD AND STATED THAT HIS INTEREST
IN THE PROPERTY IS SIMPLY FOR PROTECTION, AS THERE IS A TREMENDOUS
DROP AT THE END OF PROPERTY THAT IS SUBJECT TO WASHING OUT, HE
ADVISED THAT A PERSON RECENTIY REMOVED SOME TREES WITHOUT A PERMIT
AT THIS LOCATION, AND jV�. MASON WISHED TO PREVENT HIS LAND FROM BEING
WASHED AWAY.
ATTORNEY COLLINS COMMENTED THAT THE PROPERTY IS NOT AN
INDIVIDUAL LOT, BUT PART OF A DEDICATED ROADWAY; THE ROADWAYS WERE
DEDICATED TO THE PUBLIC AND THE COUNTY HAS THE RIGHT TO ABANDON THEM.
MR. MASON STATED THAT A DEVELOPER IN THE AREA TOLD HIM
THAT THE LAND WAS GIVEN TO THE COUNTY TO BE USED SPECIFICALLY AS A
PARK.
ATTORNEY COLLINS ADVISED THAT IT DOES NOT APPEAR THAT WAY
ON THE SUBDIVISION MAP OR ON THE PLAT - IT SEEMS TO BE PART OF THE
ROADWAY. HE CONTINUED THAT IF MR, MASONS OBJECTIVES ARE FOR
PROTECTION, HE IMAGINED HE COULD WORK WITH THE COUNTY AND THAT THEY
WOULD ALLOW HIM TO SHORE UP THE LAND AND PROHIBIT THE NATURAL GROWTH
FROM BEING DESTROYED.
ADMINISTRATOR NELSON REPORTED THAT A MAN WHO OWNS PROPERTY
IN THE VICINITY ASKED MR. JENNINGS IF HE COULD CUT A PATH THROUGH
HIS PROPERTY, THEN PROCEEDED TO CLEAR OUT A 50' ROAD, HE CONTINUED
THAT IT WAS ONLY AFTER THE MAN HAD CLEARED PAST MR. MASONS HOME
THAT HE WAS NOTICED. MR. NELSON ADVISED THAT THIS PROPERTY GOES
DOWN AT QUITE A HIGH DEGREE OF SLOPE AND THE PROPERTY WOULD BE WORTHLESS
TO ANYBODY AS FAR AS DEVELOPMENT IS CONCERNED.
ATTORNEY COLLINS THOUGHT THE PROBLEM COULD BE SOLVED BY THE
COUNTY POSTING APPROPRIATE SIGNS.
CHAIRMAN SIEBERT AGREED AND ADVISED MR. MASON THAT IF HE
SAW ANYONE DISTURBING THE LAND, HE SHOULD CONTACT THE COUNTY ADMINIS-
TRATOR I S OFFICE.
DISCUSSION FOLLOWED ALONG THOSE LINES AND IT WAS AGREED TO
TRY THE RECOMMENDATION OF POSTING APPROPRIATE SIGNS.
11
SEP 101980
eoa� 44, PAcc 446
SEP 101980
coax 44 PAGE 447
OUT -OF -COUNTY TRAVEL - YOUTH GUIDANCE VOLUNTEER PROGRAM
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR
RITA SAUERMAN AND PAT LOCKWOOD TO HOLLYWOOD ON SEPTEMBER 25 - 27,
1980 TO ATTEND THE NATIONAL ASSOCIATION OF SOCIAL WORKERS.
OUT -OF -COUNTY TRAVEL - VETF. , ,R NS _SERVICE OFFICER
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON,THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL FOR JERRY
COOK, VETERANS- SERVICE OFFICER., TO ATTEND THE ANNUAL MID -WINTER
TRAINING CONFERENCE IN ST. PETERSBURG, FLORIDA, OCTOBER 20 - 22, 1980.
PUBLIC HEARING - ADOPTION OF SEWER AND WATER FRANCHISE FOR OSLO
SQUARE SHOPPING CENTER ASSOCIATES
THE HOUR OF 9:00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK
READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
U3eforo the unde,signed authority pc -w.111• appc.acd I. I, S,ir,rmonn, Ji. who on oath
says that he is Business Manager of the Veto Beach Fraszlnumal, a ;:,:,: Iy new:papar puhlnhed
at Vero
Beach
in Indian River County, Florida; that till attache, L_olry of advert,sentrnt, being
in the matter of
the Curr, was pub -
fished in said newspaper in the issues of �✓(/C/___o>_Y_j_4 C
V
Affiantfurther says that the said Vero Beach Prn,s-Journal is a newspaper puhlfshed at
Vero cc: ch, in said Indian River County, and that the s:nrt ncwspaxr has heretof;,re
bccn Cunhnuously publ,,1 ,l in -.aid Frid. n Rivi-r C„u,v y, rinrid.r, "„ A ly ami h.". Icer rritc,cd
as serond class mail —I,- at tho post office in Von t'• ,h, in sail Iod,an ki:•cr Cxrnty, Fl, .,da
for a ri od of one year nc.t pnzerdiog tiie fins ,n,i iwation -.t the .,;;ached c"I", et
tic. rrcntr' and aIf .ir,t furih: r that he has nci8r, 4't,d nor Pn nn•.v,l any I-,..rs m, lien•. :r
ro•p,r It'
"I dr aunt, r ,minis :inn nr ni i f U -,e uu, F -..c rt i• Cuuip; Ihir, ari.,;ry
tccr, a.r {;ublicatun, ,n tinJ.,e i:l nr,vrp.tper. g
Sworn M and subscribed ihiti
G
fy/'rnjrCJ""' (Business Manager)
(Cle, k :;l Iite -a-,o m!-, 1-.iver Cn-1 r, Florida)
(SEAL)
12
NOTICE OF HEARING
The Board of County Commissioners of Indian River County, Florida, will convene on the 10th
. day of September, 1980, at 9:00 a.m. In the Board of County Commissioners Room at the Indian
River County Courthouse, Indian River County, Vero Beach, Florida, to consider granting a
Franchise t0 Oslo Square Shopping Center Associates, a Florida general partnership. Said.
Franchise to be for the delivery of water and sewer service to the following described property In
Indian River County, Florida, to wit:
All of Section 19, Township 33 South, Range 40 East, Indian River County, Florida, lying East of�
the Easterly rightaf-way of U.S. Highway No. 1 less the following parcels:
1. The Northwest Quarter.
2. The West 10 acres Of the Northwest Quarter of the Northeast Quarter.
3. The West 30 acres of the Southwest quarter of the Northeast Quarter,
4. The West 675.6 feet of the North 916.8 feet of the Northwest Quarter of the Southeast Quarter,
S. The South 330 feet lying East of the West 1675 feet of the Southeast quarter.
6. The West 1675 feet of the South 649 feet of the Southeast Quarter.
7. The East 305 feet of the South 649 feet of the Southwest Quarter..
8. The North 916.8 feet of the Southwest Quarter.
And Including all Of Government Lot 6, Section 18, Township 33 South, Range 40 East, Indian
River County, Florida, less the West 10 acres of said Government Lot 6;
And Including all of Government Lot 1, Section 20, Township 33 South, Range 40 East, Indian
River County, Florida;
LESS AND EXCEPT.that part of all the above described property lying below the mean high,
water mark.
f:
The franchise Service area contains approximately 235 acres. -
A rate schedule will be adopted by the County providing for the following user rates:
WATER RATE
Residential and Commercial
(whether individual meter or
commercial meter)
First 2,000 gallons (Base Rate $7.10 Per month, minimum
per unit)
All over 2,000 gallons $1.50 Per 1,000 gallons
SEWER RATE
Residential
First 2,000 gallons (Base Rate
per unit) 57.10 per month, minimum
All over 2,000 gallons 87 Percent of $1.50 per 1,000 gallons
UP 10 10,000 additional gallons,
Commercial maximum
Including schools, public buildings, 100 Percent of water bill
churches, service stations, retail
stores, and all non-residential services
Parties in interest and citizens will be heard at the Board at said Public Hearing.
This 22nd day of Auoust�1980. -
BOARD OF COUNTY COMMISSIONERS
Indian River unty, Florida -
W.W. Siebert,Coohairman
Aug. 28, 29, 1980
GORDON B. JOHNSTON, ATTORNEY FOR OSLO SQUARE SHOPPING
CENTER ASSOCIATES, APPROACHED THE BOARD TO DISCUSS THE FRANCHISE
FOR SEWER AND WATER. HE STATED THAT EVERYTHING WAS IN ORDER WITH THE
EXCEPTION OF SOME CHANGES TO BE MADE ON PAGE 12. HE SUGGESTED THAT
ON LINES 11, 14 AND 15 THAT "AND SEWER" BE ADDED AFTER "WATER."
ATTORNEY COLLINS INTERJECTED THAT HE THOUGHT IT WAS THE
COUNTY'S INTENT TO PROVIDE WATER AND/OR SEWER.
UTILITIES DIRECTOR LINER THOUGHT THE PROBLEM WAS THAT THE FRANCHISE
IS SET UP THAT AT THE TIME THE COUNTY HAS WATER OR SEWER AVAILABLE,
THE COUNTY WILL MAKE THE CONNECTION AND SERVICE THAT FRANCHISE AREA —
IT WAS UNLIKELY THAT IT WOULD BE DONE SIMULTANEOUSLY.
ATTORNEY .JOHNSTON FELT THIS PRESENTED A PROBLEM BECAUSE
IF THE COUNTY PUTS IN A WATER SYSTEM AND NEVER PUTS IN A SEWER SYSTEM,
THE FUTURE HOOK—UP CHARGE CAN SIT THERE FOREVER — HE DID NOT THINK
THE MONEY COULD BE DIVIDED.
UTILITIES DIRECTOR LINER POINTED OUT THAT THE IMPACT FEES
WERE IDENTICAL.
DISCUSSION ENSUED REGARDING THE MISUNDERSTANDING CONCERNING
THE FEES, AND THE WORDING IN PREPARATION OF THE FRANCHISE DRAFT,
COMMISSIONER WODTKE INTERJECTED THAT THE BOARD SHOULD ASSURE
THE DEVELOPER THAT WHEN WE DO HAVE OUR WATER SYSTEM AVAILABLE, IT
WILL BE MADE AVAILABLE TO HIM. HE ALSO THOUGHT THEY COULD BREAK THE
IMPACT FEES DOWN AND NOT REQUIRE ANY FEES FOR SEWER UNTIL THE SEWER
IS AVAILABLE. COMMISSIONER WODTKE WAS HOPEFUL THAT WE WOULD NOT LOCK
OURSELVES INTO ANOTHER SITUATION SIMILAR TO THE ONE EXPERIENCED WITH
KEEN S .
ATTORNEY COLLINS EXPRESSED CONCERN ABOUT THE COUNTY MAKING
IT MANDATORY TO SERVICE WATER — HE FELT IT SHOULD BE AN OPTION AND
NOT MANDATORY.
COMMISSIONER WODTKE LEFT THE MEETING AT 9:30 O'CLOCK A.M.
TO ASSIST WITH THE COUNTY ABSENTEE BALLOTS,
ATTORNEY COLLINS POINTED OUT THAT THE WATER AND SEWER PROBABLY
WILL NOT BE PROVIDED AT THE SAME TIME, AND THE PURPOSE OF THE PARAGRAPH
IN QUESTION IS TO BUILD UP A FUND SO THAT WHEN THE COUNTY DOES CONNECT,
SEP 10 1980 13 BooK , 44 PAGE 448
SEP 101980
80OK 44 PAGE'449
IT WOULD PROVIDE ONE OR THE OTHER SERVICE; THE IMPACT FEES WOULD BE
THERE AND AVAILABLE TO BE PAID RATHER THAN TO HAVE TO GO TO EACH
INDIVIDUAL CUSTOMER. HE ADDED THAT IS WHY IT IS IMPORTANT THAT WE
TALK IN TERMS OF It AND/OR."
ATTORNEY .JOHNSTON STATED HE HAD NO OBJECTION TO THAT, THE
ONLY THING HE WOULD SUGGEST WAS RATHER THAN RELEASING ALL OF THE
FUNDS, JUST RELEASE HALF OF THE FUNDS.
ATTORNEY COLLINS FELT THIS WAS NO PROBLEM.
DISCUSSION CONTINUED ABOUT THE IMPACT FEES.
UTILITIES DIRECTOR LINER EXPLAINED THAT IT WOULD BE $295
FOR WATER AND $295 FOR SEWER ON A RESIDENTIAL UNIT, AND $1,716 IS WHAT
WAS SET UP FOR THE COMMERCIAL UNIT, BASED ON 41 UNITS.
ATTORNEY JOHNSTON FELT THAT THE COUNTY WAS NOW DOUBLING THE
FIGURE FIRST DISCUSSED AND FELT IT WAS PROHIBITIVE.
ATTORNEY COLLINS EXPLAINED THAT THE ORDINANCE ESTABLISHES
ALL THE FIGURES THEY ARE USING - ALL THE COUNTY IS TRYING TO DO IS
ACCUMULATE THE FEES SO THAT THE FUNDS ARE AVAILABLE WHEN THE HOOK UP
DOES OCCUR.
COMMISSIONER LYONS ASKED I:F THEY WERE DEFENDING THE ORDINANCE
OR THE CONTRACT, AND WENT ON TO QUOTE THE RESIDENTIAL AND COMMERCIAL
FEES FOR WATER AND SEWER.
UTILITIES DIRECTOR LINER ADVISED THEY REFERRED TO ORDINANCE
80-21, AND THE FEE DEPENDS ON THE SIZE OF THE UNITS.
DISCUSSION FOLLOWED ABOUT THE MISUNDERSTANDING BETWEEN THE
PARTIES, AND IT WAS DETERMINED THIS WAS A COMMUNICATIONS PROBLEM.
ATTORNEY COLLINS FELT THE FRANCHISE COULD BE APPROVED SUBJECT
TO THE CHANGES ON PAGE 12.
CHAIRMAN SIEBERT ASKED IF THERE WAS ANYONE PRESENT WHO WISHED
TO BE HEARD.
WILLIAM KOOLAGE, 815 26TH AVENUE, APPROACHED THE BOARD AND
SUGGESTED THE BOARD RECESS THE PUBLIC HEARING UNTIL THE INFORMATION
THAT IS NEEDED IS PRODUCED.
COMMISSIONER LOY ASKED WHAT THE DEVELOPER WAS PLANNING AS
FAR AS RESIDENTIAL UNITS, AND THE DEVELOPER DID NOT KNOW EXACTLY.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AGREED TO RECESS THE PUBLIC HEARING FOR
15 MINUTES FOR DISCUSSION PURPOSES.
THE BOARD RECONVENED, AFTER A FEW MINUTES, AND THE CHAIRMAN
CALLED THE MEETING TO ORDER.
ATTORNEY .JOHNSTON STATED THAT THE PROBLEM HAS NOW BEEN
RESOLVED AND PAGE 12 WILL BE RETYPED TO REFLECT THE CHANGES DISCUSSED.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AGREED TO CLOSE THE PUBLIC HEARING.
ATTORNEY COLLINS COMMENTED THAT THE LEGAL DESCRIPTION USED
ON THE FRANCHISE IS INTENDED TO INCLUDE ONLY THAT AREA WHICH IS
DEVELOPABLE AND ABOVE THE MEAN HIGH WATER LINE. THERE IS A
REPRESENTATION THAT THERE ARE 235 ACRES THAT QUALIFY. HE CONTINUED
THAT THE COUNTY DOES NOT KNOW THAT TO BE A FACT, AND IT IS THE INTENT
OF THE PARTIES THAT WHATEVER THE LAND AREA IS ABOVE THE MEAN HIGH
WATER WILL BE INCLUDED IN THIS FRANCHISE TERRITORY.
ATTORNEY .JOHNSTON AGREED.
CHAIRMAN SIEBERT WANTED IT NOTED IN THE MINUTES THAT
ATTORNEY .JOHNSTON AGREED WITH ATTORNEY COLLINS' COMMENTS.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED RESOLUTION 80-87 ADOPTING
THE FRANCHISE FOR THE OSLO SQUARE WATER AND SEWER SYSTEM, WITH THE
CHANGES NOTED ON PAGE 12 IN PARAGRAPH A.
SEP 101980 15 WK 44 PAGE 450
SEP 101980
Box 44 PACE 451
RESOLUTION NO. 80-87
BE IT RESOLVED by the Board of County Commissioners of
Indian River County, Florida:
SECTION I
This Resolution shall be known and may be cited as "the Oslo
Square Water and Sewerage System Franchise. "
SECTION II
For the purpose of this Resolution, the following terms, phrases,
words and. their derivations shall have the meaning given herein. When not
inconsistent with the context, words using the present tense include the
future; words in the plural number include the singular and vice versa.
The word "shall is always mandatory.
(a) "County" is Indian River County, a political subdivision of
the State of Florida.
(b) "County Engineer", may be "County Administrator".
(c) "Partnership" is the Grantee of rights under this franchise,
to wit: Oslo Square Shopping Center Associates, a Florida general
partnership.
County.
(d) "Board" is the Board of County Commissioners of the
(e) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(f) "Territory" means the area located in Indian River County,
Florida, outside the corporate limits of any municipality as the same is
more particularly defined and described herein.
(g) "Vi'ater System" shall mean and include any real estate,
attachments, fixtures, impounded water, water mains, services, valves,
meters, plant, wells, pipes, tanks, reservoirs, systems, facility or
other property, real or personal, used or useful or having the present
_ ® M
CORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
M
capacity for future use in connection with the obtaining, treatment,
supplying and distribution of water to the public for human consumption,
fire protection, irrigation, consumption by business or industry and
without limiting the generality of the foregoing, shall embrace all
necessary appurtenances and equipment and shall include all property,
rights, easements and franchises relating to any such system and deemed
necessary or convenient for the operation thereof.
(h) "Sewerage System" shall mean and include any plant, system,
facility or property used or useful or having the present capacity for the
future use in connection with the collection, treatment, purification, or
disposal of sewage effluent and residue for the public and without limiting
the generality of the foregoing definition shall embrace treatment plants,
pumping stations, intercepting sewers, pressure lines, mains, laterals,
and all necessary appurtenances and equipment and shall include all
property rights, easements and franchises relating to any such system
and deemed necessary or convenient for the operation thereof.
(i) "Service" means supplying to a user the distribution of
water and collection of sewage and the treatment of both.
(j) "Hookup and/or Connection" is the connecting of potential
user's property to the water and/or sewerage system in order to utilize
the Corporation's services.
SECTION III
There is hereby granted by the County to the Partnership the
nonexclusive franchise, right and privilege to erect, construct, operate
and maintain a water system and sewerage system within the described
territory as herein provided and for these purposes to sell and distribute
treated water and to charge for collection and disposal of sewage within
the territory, and for these purposes to establish the necessary facilities
and equipment and to lay and maintain the necessary lines, pipes, mains
-2-
SEP
2-
SEP 101980809K 44 FacE 452
CORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
SEP 101990 BOOK 44 PAGE 453
and other appurtenances necessary therefor in, along under and across
the public alleys, streets, roads, highway, and other public places of
the County; provided, however, that the County reserves the right to
permit the use of such public places for and all other lawful purposes
and subject always to the paramount right of the public in and to such
public places.
SECTION IV
The territory in which this franchise shall be applicable is
all that part of Indian River County, Florida, located within the
following described boundary lines to wit:
All of Section 19, Township 33 South, Range 40 East,
Indian River County, Florida, lying East of the
Easterly right-of-way of U.S. Highway No 1 less
the following parcels:
1. The Northwest Quarter.
2. The West 10 acres of the Northwest Quarter of the
Northeast Quarter.
3. The West 30 acres of the Southwest Quarter of the
Northeast Qua rte r.
4. The West 675.6 feet of the North 916.8 feet of the
Northwest Quarter of the Southeast Quarter.
S. The South 330 feet lying East of the west 1675 feet
of the Southeast Quarter.
6. The West 1675 feet of the South 649 feet of the
Southeast Quarter.
7. The East 305 feet of the South 649 feet of the
Southwest Quarter.
8. The North 916.8 feet of the Southwest Quarter.
And including all of Government Lot 6, Section 18, Township
33 South, Range 40 East, Indian River County, Florida, less
the west 10 acres of said Government Lot 6;
And including all of Government Lot 1, Section 20, Township
33 South, Range 40 East, Indian River County, Florida;
LESS AND EXCEPT that part of all the above described
property lying below the mean high water mark.
The franchise service area contains approximately 235 acres.
Oslo Square Shopping Center Associates, a Florida general
partnership, shall at all times during the life of this franchise be subject
to all lawful exercise of the polic power and regulatory authority of the
County and to such regulation as the County shall hereafter by resolution
provide.
_ _3 _ M
GORDON B. JOHNSTON,ORNEY AT LAN/, VERO BEACH, FLORIDA.
SECTION V
It is expressly understood and agreed by and between Oslo
Square Shopping Center Associates, a Florida general partnership, and
the County that the Partnership shall save the County and members of the
Board harmless from any loss sustained by the County on account of any
suit, judgment, execution, claim or demand whatsoever resulting from
negligence on the part of Oslo Square Shopping Center Associates, a
Florida general partnership, in the construction, operation or maintenance
of the water and sewerage systems under the terms of this franchise.
The parties agree that, in the construction of this section, the claim
of any person resulting from negligence on the part of the Partnership
may be prosecuted directly by such person against the Partnership as
if no governmental immunity accrued to the County by virtue of Oslo
Square Shopping Center Associates, a Florida general partnership, use of
a public place of the County. The County shall notify the -Partnership
promptly after presentation of any claim or demand.
SECTION VI
The Partnership shall maintain and operate its water and
sewage plants and systems and render efficient service in accordance
with the rules and regulations as are or may be set forth by the Board
from time to time, which shall include but not be limited to "Construction
Specifications for Water Distribution and Sewage Collection Facilities"
promulgated by the City of Vero Beach, Water and Sewer Department,
November 1, 1977, or as amended. The County shall require the
Partnership to comply with the above standards as they relate to material
specifications and compaction requirements immediately surrounding the
pipes and structures. Prior to the issuance of a construction permit, the
County shall also require the Partnership's project engineer to certify
that the material to be used will meet the standards as set forth in said
-4-
4
SEP101980 GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA BOU 4 FAUE 4�4
SEP 1019 00 aoox 44 PAGE 455
"Construction Specifications" of the City of Vero Beach, Water and
Sewer Department, adopted November 1, 1977, or as amended. Upon
approval by the County of the plants and systems, a permit shall be
issued to Oslo Square Shopping Center Associates, a Florida general
partnership, for the construction thereof. The right is hereby reserved
to the County to adopt, in addition to the provisions herein contained
and existing applicable resolutions or laws, such additional regulations
as it shall find necessary in the exercise of the police power and lawful
authority vested in said County, provided that such regulations shall
be reasonable and not conflict with the rights herein granted and not in
conflict with the laws of the State of Florida. The County shall have the
right to supervise all construction or installation work performed and
to make such inspections as it shall find necessary to insure compliance
with all governing regulations.
Upon the completion of all construction of the water and sewer
treatment plants and distribution and collection systems, the project
engineer for the Partnership shall certify, under seal, that the systems
have .keen constructed in accordance with the plans and specifications
previously approved, and further, has met all of the standards required
by the County, including pressure and leakage tests and chlorination and
bacteriological tests for the water distribution system, and conducting
infiltration, exfiltration and television inspection tests of the sewerage
system at Grantee's expense, whereupon the County will issue a permit
accepting the water and sewerage systems, and further, that the said
water and sewerage systems and all easements, (excepting only the water
and sewer plants, and wells without appurtenances, and the real property
upon which it is situated), shall be conveyed, along with "as -built" plans,
to the County at the time of acceptance by a customary means of convey-
ance. Partnership shall, in addition, grant necessary easements to County
without charge to connect the water and/or sewerage systems to County's
- ® M
GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
Master Water and/or Sewerage Svstems and such easements as are
necessary to provide access to the sewer systems and water systems.
Simultaneously, the County shall give to the Partnership a maintenance
lease for $1.00 per year, extending for the duration of this franchise.
The County shall require the Partnership to comply with all landscape
ordinance regulations as enacted by the County.
SECTION VII
All the facilities of the Partnership shall be constructed in
accordance with plans and specifications approved by the Department of
Environmental Regulation of the State of Florida and the quantity and
quality of water delivered and sold and the manner of collection and
disposal of sewage shall at all times be and remain not inferior to the
quality standards for public water supply, and public sewage collection,
and other rules, regulations and standards now or hereafter adopted by
the Department of Environmental Regulation of the State of Florida. The
Partnership shall maintain sufficient water pressure and mains of sufficient
size with fire hydrants and other facilities necessary in the water
distribution system to furnish fire protection at any and all areas within
the territory serviced by the Partnership. Said fire flow standards shall
be a minimum of 750 gallons per minute for residential, and 1, 500 gallons
per minute for commercial. The Partnership shall also supply all water
through meters which shall accurately measure the amount of water
supplied to any consumer. The Partnership shall at any time, when requested
by a consumer, make a test of the accuracy of any meter; prior however,
to any test being made by the Partnership, the sum of Five ($5.00) Dollars
shall be deposited with the Partnership by the party requesting such test.
Such sum shall be returned if the test shows the meter to be inaccurate in
its delivery. The meter will be changed, and should the meter reading
calibrate too high, a billing adjustment will be made for no more than
SEP 101980
GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO EEACH, FLORIDABOOK'
- 44 m 456
SEP 101980 BOOK 44 PAGE 457
the past six months actual readings. Whenever it is necessary to shut
off or interrupt service for the purpose of making repairs or installations,
the Partnership shall do so at such times as will cause the least amount
of inconvenience to its consumers and, unless such repairs are unforeseen
and immediately necessary, it shall give not less that five (5) days notice
thereof, to its consumers for non -emergencies.
SECTION VIII
(a) The Partnership shall have the authority to promulgate
such rules, regulations, terms, and conditions covering the conduct of
its business as shall be reasonable necessary to enable the Partnership
to exercise its rights and perform its obligations under this franchise
and to issue an uninterrupted service to each and all of its consumers;
provided, however, that such rules, regulations, terms and conditions
shall not be in conflict with the provisions hereof or with the laws of the
State of Florida and all of the same shall be subject to the approval of the
Boa rd.
(b) At all times herein where discretionary power is left
with the Board of County Commissioners, the Partnership, before
discretionary action is taken by the Board of County Commissioners, can
request said Board that a group of arbitrators be appointed, and such
group shall consist of:
1. County Engineer
2. Partnership Engineer
3. One person selected by the above two persons
and this Board of Arbitrators shall make recommendations to the Board of
County Commissioners, but such recommendations are not mandatory.
Any final decision the Arbitrators or Board may have, with
respect to this franchise, can be appealed to the Circuit Court of Indian
River County, by either party.
-7 -
CORDON S. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
SECTION I\
All water pipes, mains, hvdrants, valves, blo«,offs, and sewer
mains and manholes, and other fixtures laid or placed by the Partnership
for the water and sewerage systems shall be so located in the dedicated
easements in the County, after approval by County Engineer, so as not
to obstruct or interfere with other uses made of such public places
already installed. The Partnership shall, whenever practicable, avoid
interfering with the use of any street, alley or other highway where the
paving or surface of the same would be disturbed. In case of any
disturbance of pavement, sidewalk, driveway or other surfacing, the
Partnership shall, at its own cost and expense and in a manner approved
by the County Engineer, replace and restore all such surface so disturbed
in as good condition as before said work was commenced and shall
maintain the restoration in an approved condition for a period of one (1)
year. In the event that any time the County shall lawfully elect to alter
or change the grade of or relocate or widen or otherwise change any
such public way, the Partnership shall, upon reasonable notice by the
County, remove, relay and relocate its fixtures at the Partnership's
expense. The Partnership shall not locate any of its facilities nor do
any construction which would create any obstructions or conditions which
are or may become dangerous to the traveling public. In the event any
such public place under or upon which the Partnership shall have located
its facilities shall be closed, abandoned, vacated, or discontinued, the
Board may terminate such easement or license of the Partnership thereto;
provided, however, in the event of this termination of easement, the
party other than the County requesting such termination shall pay to the
Partnership, in advance, its cost of removal and relocation of the removed
facilities in order to continue its service as theretofore existing, or the
County shall retain an easement not less than ten (10) feet in width for the
benefit of the Partnership and its facilities.
-8-
BOOK 44 F-AuE458
SEP101950 CORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
FF'_
-SEP 101980 BOOK` 44. PnE 459.
SECTION X
The Partnership shall not as to rates, charges, service
facilities, rules, regulations or in any other respect make or grant any
preference or advantage to any person nor subject any person to any
prejudice or disadvantage.
SECTION XI
(a) The Partnership shall furnish, supply, install, and make
available its public water system and its public sewerage system to any
and all persons within the territory making demand therefor, and shall
provide such demanding person with its services and facilities, provided,
however, that the Board may, upon application of the Partnership, extend
time for providing such service to such demanding person. In the event
the Partnership fails to provide its services and facilities either as a water
system or sewer system or both to any area within the territory within
time provided, then in such event the County may be resolution of the
Board, limit, restrict and confine the territory to that area then being
serviced by water and/or sewerage by the Partnership or such greater
area as the Board shall determine, and thereafter, the territory shall be
only the area set forth, defined, and provided by the Board, and the pro-
visions of this franchise shall not extend beyond the limits of the area so
restricted and defined.
(b) The Partnership shall not be required to furnish, supply,
install and make available its public water and/or sewerage systems to
any person within the territory as hereinbefore set forth, unless the same
may be done at such a cost to the Partnership as shall make the addition
proposed financially feasible. Financially feasible shall mean that a fair
and reasonable rate to be charged by the Partnership for all its services
under this franchise; that such rate of return on the net valuation of its
property devoted thereto under efficient and economical management. The
burden of showing that a prospective service to the area is not financially
feasible shall be the burden of the Partnership.
- M-
GORDON B. JOHNSTON, ATTORNEY AT LAV,', VERO BEACH, FLORIDA
SECTION NI I
The Partnership, or Partners of the Partnership does not sell
or transfer its interest to another nor transfer any rights under this
franchise to another without the approval of the Board, and provided
further that no such sale or transfer after such approval shall be effective
until the vendee, assignee or lessee has filed with the Board an instrument
in writing reciting the fact of such transfer and accepting the terms of
this franchise and agreeing to perform all of the conditions thereof. In
any event, this franchise shall not be transferrable and assignable until
notice or request for transfer and assignment shall be given by the
Partnership to the Board in writing, accompanied by a request from the
proposed transferee, which application shall contain information concerning
the financial status and other qualifications of the proposed transferee and
such other information as the Board may require. A public hearing shall
be held on such request of which notice shall be given by publication in a
newspaper regularly published in the County at least one time nor more
than one month or less than one week preceding such hearing. Certified
proof of publication of such notice shall be filed with the Board. Said
hearing may thereafter be continued from time to time as determined by
the Board. The consent by the Board to any assignment of this franchise
shall not be unreasonable withheld. Any sale or transfer, by the Partner-
ship or partners of the Partnership, taking place contrary to the terms
and conditions of this paragraph shall be considered by the Board to be a
default by the Partnership under this franchise agreement and subject
this franchise to termination.
SECTION XIII
Partnership warrants adequate capacity to service existing or
anticipated customers and agrees not to provide water and/or sewerage
service unless adequate capacity is available at the time any new
connection is made.
SEP -i 01980
-10-
SEP
10-
CORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIACOQ' PAUF,460
SEP 101980
Boa 44 PAGE 461
SECTION XIV
The rates charged by the Partnership for its service hereunder
shall be fair and reasonable and designed to meet all necessary costs of
the service, including a fair rate of return on the net valuation of its
properties devoted thereto under efficient and economical management.
The Partnership agrees that it shall be subject to all authority now or
hereafter possessed by the County or any other regulatory body having
competent jurisdiction to fix just, reasonable and compensatory rates.
W'hen this franchise takes effect, the Partnership shall have authority to
charge and collect, but not to exceed the following schedule of rates,
which shall remain effective until changed or modified as herein provided,
to wit:
WATER
Residential and Commercial
(whether individual meter or
commercial meter)
First 2, 000 gallons (Base Rate
per unit)
All over 2, 000 gallons
SEWER
RP.cirlPntin1
First 2,000 gallons (Base Rate
per unit)
All over 2, 000 gallons
Commercial
RATE
$7.10 per month, minimum
$1.50 per 1, 000 gallons
RATE
$7.10 per month, minimum
87% of $1.50 per 1, 000 gallons
up to 10, 000 additional gallons,
maximum
Including schools, public buildings, 1007, of water bill
churches, service stations, retail
stores, and all non-residential services
CONNECTION CHARGES
Connection charges for both the water and sewer hookups shall
be $300.00 each.
-11-
CORDON B. JOH`STON, ATTORNEY AT LAW, VERO BEACH, FLORIDA M
_I
IMPACT CHARGES
A. "The Partnership agrees upon the completion of each two bedroom
equivalent residential unit to pay County, as a
future hook-up impact charge into the County's master water system a
payment in the amount of $295. 00 per unit. The Partnership agrees upon the
completion of each two bedroom equivalent residential unit
to pay County, as a future hook-up impact charge into the County's
master sewer system a payment in the amount of $295. 00 per unit. Partner-
ship agrees upon the completion of each commercial unit to pay County, as a
future hook-up impact charge into the County's master water system, a
payment in the amount of $858. 00 per commercial unit. Partnership agrees
upon the completion of each commercial unit to pay County, as a future hook-
up impact charge into the County's master sewer system, a payment in the
amount of $858.00 per commercial unit:' The County will establish an interest-
bearing passbook account and will deposit the commercial and residential
charges into the said account, holding said funds until such time as the County
is in a position to supply water and/or sewer services to the franchised area.
The parties agree that the account shall be in the County's name and shall be
held under the following conditions:
(1) At any time that the County shall acquire its own water dis-
tribution system, and shall furnish water services to individual customers,
one-half (1/2) of all sums of money remaining in said account, except
accumulating interest, shall become the absolute property of the Count- and
the Partnership shall relinquish all rights thereto. At any time that the
County shall acquire its own sewer distribution system, and shall furnish
sewer services to individual customers, one-half (1/2) of all sums of money
remaining in said account, except accumulating interest, shall become the
absolute property of the County and the Partnership shall relinquish all rights
thereto. The County may adjust the impact fee according to the provisions
of Ordinances 80-21 and 80-22. From the effective date of any adjustment,
the fund will accrue with the revised charges deposited in the County's account
-12-
@009
SEP101960 GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
4 PACE 462
_I
,SEP 10 1980 Boat 44 PAGE 463.
(2) Throughout the term of this franchise, the Partnership shall
be entitled to any and all interest which shall be paid annually on or before
September 30th of each year to the Partnership. The Partnership shall be
entitled to an accounting of said interest-bearing account, at any time upon
request made by it tr) the County_
-12 a -
GORDON B. JOHNSTON,ATTORNEY AT LAW, VERO BEACH, FLORIDA
B. Ten percent (10'"x) of the gross rates charged and received shall be
placed in a second County interest-bearing account and accumulated until the
balance reaches Sixty Thols and Dollars ($60, 000. 00). The balance of the
account may be adjusted by the Board of County Commissioners at such time
as the need arises due to inflationary repair or replacement costs or other
unforeseen costs. Said funds shall be used as a sinking fund and applied only
for repairs and/or replacement of the water and sewerage systems by the
Partnership as the need arises. County is granted the right to make neces-
sary repairs using said funds in the event of default on the part of Partner-
ship in maintaining the quality standards established herein.
SECTION XVI
The Partnership shall at all times maintain public liability and
property damage insurance in such amounts as shall be required from time
to time by the Board in accordance with good business practices as deter-
mined by safe business standards as established by the Board for the
protection of the County and the general public and for any liability which may
result from any action of the Partnership. If any person serviced by the
Partnership, under this franchise, complains to the Board concerning the
rates, charges and/or operations of such utility and the Partnership, after
request is made upon it by the Board, fails to satisfy or remedy such
complaint or objections is not proper, the Board may thereupon, after due
notice to such utility, schedule a hearing concerning such complaint or
objection and the Board may review the rates and charges set and charged by
the Partnership for the service it furnishes or the quality of services
furnished. If the Board enters its order pursuant to such hearing and the
Partnership feels it is aggrieved by such order, the Partnership may seek
review of the Board's action by proceedings in the Circuit Court of the
County; otherwise, the Partnership shall promptly comply with the order of
the Board.
-13-
GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORICAPOK 44 PnE 464
SEP. 10 1980
� J
SEP 101980 BOOK 44 PAGE 465
SECTION XVII
Should the Partnership desire to establish rates and charges
or should the Partnership desire to increase any charges heretofore
established and approved by the Board, then the Partnership shall notify
the Board in writing, setting forth the schedule of rates and charges
which it proposes. A public hearing shall then be held on such request,
of which notice shall be given by publication in a newspaper regularly
published in said County at least one time not more than one month or
less than one week preceding such hearing. Certified proof of publication
of such notice shall be filed with the Board. Said hearing may thereafter
be continued from time to time as determined by the Board. If the Board
enters an Order pursuant to such hearing and the Partnership or any
person feels aggrieved by such order, then the Partnership or such person
may seek review of the Board's action by proceeding in the Circuit Court
of the County.
SECTION XVIII
Prior to the Partnership placing any of its facilities in any of
the public places as herein authorized, the Partnership shall make
application to and obtain a permit from the County Engineer authorizing
said construction in the same manner as permits are authorized in the
County for the use of the public roads as shall now or hereafter be
established by regulations of the County. The County shall have the
right when special circumstances exist to determine the time in which
such construction shall be done.
SECTION XIX
If the Partnership fails or refuses to promptly faithfully keep,
perform and abide by each and all of the terms and conditions of this
franchise, then the Board shall give the Partnership written notice of
such deficiencies or default and a reasonable time within which the
-14-
M M M
GORDON
14-
GORDON 6. JOHNSTON, ATTORNEY AT LAW, VERO EEACH, FLORIDA
Partnership shall remedy the same, which notice shall specify the
deficiency or default. If the Partnership fails to remedy such deficiency
or default within the time required by the notice from the Board, the
Board may thereafter schedule a hearing concerning the same with
reasonable notice thereof to the Partnership and after such hearing at
which all interested parties shall be heard, the Board may further limit
or restrict this franchise or may terminate and cancel the same in whole
or in part if proper reasons thereby are found by the Board. If the Board
enters an order pursuant to such hearing and the Partnership or any
other person feels aggrieved by such order, the utility or such other
person may seek review of the Board's action by proceedings in the
Circuit Court of the County.
SECTION XX
Any person using in normal average consumption more than
100, 000 gallons of water per day shall not be required to deal with the
Partnership but any such water user shall be at liberty to secure its water
from such source or sources as it might desire, so long as the independent
water source does not adversely affect partnership supply. Nothing in
this franchise shall prevent landowners from exercising their vested
rights or privileges as set forth and contained in any license issued to
any utility heretofore granted by the Board pursuant to Section 125. 43,
Florida Statutes.
SECTION XXI
The Partnership shall design all facilities within the franchise
area to conform to the Indian River County Master Plan for utilities,
when applicable. Permits shall be required for the placement or location
of wells and treatment plants. The County Engineer, or his designee,
shall approve the plans and permits. In addition, all plans shall be
approved by the repartment of Environmental Regulation and other
-Is-
SEP
15-
SEP 10198 �aaK FacS
O GORDON B. 10HNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
SEP 101980
BOOK 44PAGE 467
appropriate agencies. The County shall make necessary inspections
during construction, and quarterly thereafter, as covered by a permit
fee of $1,030.00 for the commercial phase and $1, 438.00 for the
residential phase to be paid by the Partnership upon approval of this
franchise.
SECTION XXII
When the County takes over said water and sewer system, the
Partnership agrees to convey to County all internal pipes. The Partnership
also agrees to grant to County any easements necessary to connect the
franchise's water and sewer system to the County's water and sewer
system without charge.
SECTION XXIII
If any word, sections, clause, or part of this resolution is
held invalid, such portion shall be deemed a separate and independent
part and the same shall not invalidate the remainder.
IN WITNESS WHEREOF, the Board of County Commissioners of
Indian River County, Florida, has caused this franchise to be executed in
the name of the County of Indian River by the Chairman of the Board of
County Commissioners, and its seal to be affixed and attested by its
Clerk all pursuant to the resolution of the Board of County Commissioners
adopted on the 10th day of September
, 1980.
Signed, sealed and delivered COUNTY OF INDIAN RIVER, FLORIDA
in the presence of:
By:
,�A'. Vt'. S o—I t, Chairman
Board of County Commissioners
Attest:
Freda Wright, Clerk
— MW 6- M
CORDON B. JOHNSTON, AT'iORNEY AT LAW, VERO BEACH, FLORIDA
ACCEPTANCE OF FRANCAISE
Oslo Square Shopping Center Associates, a Florida general
partnership, does hereby accept the foregoing franchise, and for their
successors and assigns, does hereby covenant and agree to compiv with
and abide by all of the terms, conditions and provisions therein set
forth and contained.
DATED at Vero Beach, Indian River County, Florida, this
day of , 1980.
OSLO SQUARE SHOPPING CENTER
ASSOCIATES
UN
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid to take acknowledgements,
personally appeared,
of Oslo Square Shopping Center Associates, a Florida general partnership,
and he acknowledged before me that he executed the foregoing instrument
for the uses and purposes therein expressed.
WITNESS my hand and official seal in the State and County
aforesaid this
day of , 1980.
Notary Public, State of Florida at Large
My commission expires:
BOOK
SEP.10 1980 GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO 6EACH, FLORIDA
44 PAUF468
SEP 101980 BOOK 44 PGL - 469.
ADOPTION OF SEWER AND WATER FRANCHISE FOR FLORIDA -ATLANTIC ASSOCIATES
(VILLAGE GREEN MOBILE HOME PARK - PHASE IV)
THE HOUR OF 9:30 O'CLOCK A.M. HAVING PASSED, THE DEPUTY CLERK
READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT:
VERO 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 onoath
says that he is business Manager of the Vero Beach Press -Journal, a wcek!y newspaper pub L>h;
DAVID RAMSEY, REPRESENTING THE OWNERS IN LAKEWOOD VILLAGE,
APPROACHED THE BOARD TO REQUEST THAT THIS MATTER BE POSTPONED IN ORDER
TO GIVE HIM A CHANCE TO REVIEW THE ENGINEERING ASPECTS THAT MIGHT
AFFECT HIS CLIENT S PROPERTY. HE EXPRESSED CONCERN ABOUT THE LOCATION
OF THE WATER PLANT; THEY HAVE NOT HAD AN OPPORTUNITY TO DETERMINE
WHERE THE WELL IS LOCATED, AND ARE OBJECTING IN ORDER TO HAVE TIME
TO HAVE ADEQUATE INFORMATION PROVIDED TO THEM.
CHAIRMAN SIEBERT THOUGHT THE SITE PLAN REVIEW COMMITTEE
CONSIDERED -THE LOCATION OF THE WELL.
MR. YOUNG, OF ENGINEER BEINDORF'S OFFICE, COMMENTED THAT
THEY FOLLOWED THE NECESSARY REQUIREMENTS IN ORDER TO OBTAIN APPROVAL
OF THE WELL SITE, AND THIS AREA IS PROTECTED BY THE DER AND THE
ST. JOHN'S WATER MANAGEMENT DISTRICT.
ATTORNEY .JOHNSTON STATED THAT PROPER PROCEDURES WERE FOLLOWED
REGARDING NOTIFICATION OF THE PROPERTY OWNERS, NOTICES WERE PUBLISHED
AS REQUIRED, AND NO CALLS WERE RECEIVED OBJECTING TO THIS MATTER.
CHAIRMAN SIEBERT ADVISED MR. RAMSEY TO IMMEDIATELY CONTACT
THE ST. JOHNS WATER MANAGEMENT DISTRICT AND REQUEST TO BE
PUT ON NOTICE TO BE INFORMED WHEN WATER PERMITS ARE REQUESTED,
DISCUSSION FOLLOWED ALONG THOSE LINES.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
ON MOTION BY COMMISSIONER DEESON, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY APPROVED RESOLUTION 80-88 ADOPTING THE
SEWER AND WATER FRANCHISE FOR FLORIDA -ATLANTIC ASSOCIATES (VILLAGE
GREEN MOBILE HOME PARK - PHASE IV) AND TO INCLUDE THE CHANGES IN
SECTION 21.
SEP 101980 35 BOOK 44 PAGE 47®
'SEP 10 1980
30orr 1 44 PAGE 471
RESOLUTION NO. 80 - SS
BE IT RESOLVED by the Board of County Commissioners of
Indian River County, Florida:
SECTION I
This Resolution shall be known and may be cited as "Village Green
Phase 4 Water and Sewerage System Franchise."
SECTION II
For the purpose of this Resolution, the following terms, phrases,
words and their derivations shall have the meaning given herein. When not
inconsistent with the context, words using the present tense include the
future; words in the plural number include the singular and vice versa.
The word "shall" is always mandatory.
(a) "County" is Indian River County, a political subdivision of
the State of Florida.
(b) "County Engineer", may be "County Administrator. "
(c) "Partnership" is the Grantee of rights under this franchise,
to -wit: Florida -Atlantic Associates, a New York General Partnership.
County.
(d) "Board" is the Board of County Commissioners of the
(e) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(f) "Territory" means the area located in Indian River County,
Florida, outside the corporate limits of any municipality as the same is
more particularly defined and described herein.
(g) "Water System" shall mean and include any real estate,
attachments, fixtures, impounded water, water mains, services, valves,
meters, plant, wells, pipes, tanks, reservoirs, systems, facility or
other property, real or personal, used or useful or having the present
- GORDON B. JOHNSTRNEY AT LAW, VERO BEACH, FLORIDA M
capacity for future use in connection with the obtaining, treatment,
supplying and distribution of water to the public for human consumption,
fire protection, irrigation, consumption by business or industry and without
limiting the generality of the foregoing, shall embrace all necessary appur-
tenances and equipment and shall include all property, rights, easements
and franchises relating to any such system and deemed necessary or
convenient for the operation thereof.
(h) "Sewerage System" shall mean and include any plant, system,
facility or property used or useful or having the present capacity for the
future use in connection with the collection, treatment, purification, or
disposal of sewage effluent and residue for the public and without limiting
the generality of the foregoing definition shall embrace treatment plants,
pumping stations, intercepting sewers, pressure lines, mains, laterals,
and all necessary appurtenances and equipment and shall include all
property rights, easements and franchises relating to any such s3stem and
deemed necessary or convenient for the operation thereof.
(i) "Service" means supplying to a user the distribution of
water and collection of sewage and the treatment of both.
(j) "Hookup and/or Connection" is the connecting of potential
user's property to the water and/or sewerage system in order to utilize the
Corporation's services.
SECTION III
There is hereby granted by the County to the Partnership the non-
exclusive franchise, right and privilege to erect, construct, operate and
maintain a water system and sewerage system within the described terri-
tory as herein provided and for these purposes to sell and distribute
treated water and to charge for collection and disposal of sewage within the
territory, and for these purposes to establish the necessary facilities and
equipment and to lay and maintain the necessary lines, pipes, mains and
other appurtenances necessary therefor in, along, under and across the
-2-
BOOK
SEP10 1980 GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
44 P4, 472
r c �
SEP 101980 BOOK 44 PAGE 473
public alleys, streets, roads, highway, and other public places of the
County; provided, however, that the County reserves the right to permit
the use of such public places for and all other lawful purposes and subject
always to the paramount right of the public in and to such public places.
SECTION IV
The territory in which this franchise shall be applicable is all that
part of Indian River County, 'Florida, located within the following -described
boundary lines to -wit:
Tract 11, less and except the East 30 feet thereof of Section
2, Township 33 South, Range 38 East, according to the last
general plat of lands of 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 land now lying
and being in Indian River County, Florida, LESS AND EXCEPT
land described in Official Record Book 575, page 1402, public
records of Indian River County, Florida. TOGETHER WITH
right-of-way in common with other owners of land in Tract
10 and 11, in Section 2 above described, their heirs and assigns,
at all times and for all purposes with or without vehicles or
animals, to and from the property herein above conveyed, or
any part thereof over and along a strip of land 60 feet wide;
being the West 30 feet of said Tract 10 and East 30 feet of
Tract 11 of Section 2, Township 33, Range 38 as above described.
Also, The North 660 feet of the East 330 feet of Tract 13,
Section 21, Township 33 South, Range 38 East, of Indian River
Farms Company, according to Plat filed in the Office of the
Clerk of the Circuit Court of St. Lucie County, Florida, in
--Plat Book 2, Page 25, said land now lying and being in Indian
River County, Florida.
And also, Beginning at the Northwest corner of the North 660
feet of the East 330 feet of Tract 13, Section 2, Township 33
South, Range 38 East, run West a distance of 330 feet along
the North boundary line of said Tract 13; thence run South a
distance of 330 feet to a point; thence run east a distance of
330 feet to a point; thence run North a distance of 330 feet to
the Point of Beginning. Said land lying and being in Indian
River County, Florida.
Also, All of Tracts 14,15 and 16, Section 2, Township 33
South, Range 38 East, according to the last general plat of
lands of 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 land now lying and being in
Indian River County, Florida.
Florida -Atlantic Associates, a New York General Partnership, shall
at all times during the life of this franchise be subject to all lawful exercise
of the police power and regulatory authority of the County and to such regula-
tion as the County shall hereafter by resolution provide.
-3-
M ® r
GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
gFC'TT(lN IT
It is expressly understood and agreed by and between Florida -
Atlantic Associates, a New York General Partnership, and the County that
the Partnership shall save the County and members of the Board harmless
from any loss sustained by the County on account of any suit, judgment,
execution, claim or demand whatsoever resulting from negligence on the
part of Florida -Atlantic Associates, a New York General Partnership, in
the construction, operation or maintenance of the water and sewerage
systems under the terms of this franchise. The parties agree that, in the
construction of this section, the claim of any person resulting from negli-
gence on the part of the Partnership may be prosecuted directly by such
person against the Partnership as if no governmental immunity accrued to
the County by virtue of Florida -Atlantic Associates, a New York General
Partnership, use of a public place of the County. The County shall notify
the Partnership promptly after presentation of any claim or demand.
SECTION VI
The Partnership shall maintain and operate its water and sewage
plants and systems and render efficient service in accordance with the rules
and regulations as are or may be set forth by the Board from time to time,
which shall include but not be limited to "Construction Specifications for
Water Distribution and Sewage Collection Facilities" promulgated by the
City of Vero Beach, Water and Sewer Department, November 1, 1977, or
as amended. The County shall require the Partnership to comply with the
above standards as they relate to material specifications and compaction
requirements immediately surrounding the pipes and structures. Prior to
the issuance of a construction permit, the County shall also require the
Partnership's project engineer to certify that the material to be used will
meet the standards as set forth in said "Construction Specifications" of the
City of Vero Beach, Water and Sewer Department, adopted November 1, 1977,
or as amended. Upon approval by the County of the plants and systems, a
SEP i O-1980
-4-
aw 44. PAGE 474
GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
-SEP 10 1980 Boox 44 PAGE 475
permit shall be issued to Florida -Atlantic Associates, a New York General
Partnership, for the construction thereof. The right is hereby reserved to
the County to adopt, in addition to the provisions herein contained and
existing applicable resolutions or laws, such additional regulations as it
shall find necessary in the exercise of the police power and lawful authority
vested in said County, provided that such regulations shall be reasonable
and not conflict with the rights herein granted and not in conflict with the
laws of the State of Florida. They County shall have the right to supervise
all construction or installation work performed and to make such inspections
as it shall find necessary to insure compliance with all governing regulations.
Upon the completion of all construction of the water and sewer
treatment plants and distribution and collection systems, the project
engineer for the Partnership shall certify, under seal, that the systems
have been constructed in accordance with the plans and specifications
previously approved, and further, has met all of the standards required by
the County, including pressure and leakage tests and chlorination and
bacteriological tests for the water distribution system, and conducting
infiltration, exfiltration and television inspection tests of the sewerage
system at Grantee's expense, whereupon the County will issue a permit
accepting the water and sewerage systems, and further, that the said water
and sewerage systems and all easements (excepting only the water and
sewer plants, and wells without appurtenances, and the real property upon
which it is situated), shall be conveyed, along with "as -built" plans, to the
County at the time of acceptance by a customary means of conveyance,
Partnership shall, in addition, grant necessary easements to County without
charge to connect the water and/or sewerage systems to County's Master
Water and/or Sewerage Systems and such easements as are necessary to
provide access to the sewer systems and water systems. Simultaneously,
the County shall give to the Partnership a maintenance lease for $1.00 per
-5-
GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
M
year, extending for the duration of this franchise. The County shall require
the Partnership to comply with all landscape ordinance regulations as
enacted by the County.
SECTION VII
All the facilities of the Partnership shall be constructed in
accordance with plans and specifications approved by the Department of
Environmental Regulation of the State of Florida and the quantity and quality
of water delivered and sold and the manner of collection and disposal of
sewage shall at all times be and remain not inferior to the quality standards
for public water supply, and public sewage collection, and other rules,
regulations and standards now or hereafter adopted by the Department of
Environmental Regulation of the State of Florida. The Partnership shall
maintain sufficient water pressure and mains of sufficient size with fire
hydrants and other facilities necessary in the water distribution system to
furnish fire protection at any and all areas within the territory serviced by
the Partnership. Said fire flow standards shall be a minimum of 750 gallons
per minute for residential, and 1, 500 gallons per minute for commercial.
SECTION VIII
(a) The Partnership shall have the authority to promulgate such
rules, regulations, terms, and conditions covering the conduct of its
business as shall be reasonable necessary to enable the Partnership to
exercise its rights and perform its obligations under this franchise and to
issue an uninterrupted service to each and all of its consumers; provided,
however, that such rules, regulations, terms and conditions shall not be in
conflict with the provisions hereof or with the laws of the State of Florida
and all of the same shall be subject to the approval of the Board.
(b) At all times herein where discretionary power is left with
the Board of County Commissioners, the Partnership, before discretionary
action is taken by the Board of County Commissioners, can request said
Board that a group of arbitrators be appointed, and such group shall consist
of;
-6-
4 -476
SEP101980 GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
'SEP 101990 Boa 44 PAGE 477.
1. County Engineer
2. Partnership Engineer
3. One person selected by the above two persons
and this Board of Arbitrators shall make recommendations to the Board of
County Commissioners, but such recommendations are not mandatory.
Any final decision the Arbitrators or Board may have, with respect
to this franchise, can be appealed to the Circuit Court of Indian River
County, by either party.
SECTION IX
All water pipes, mains, hydrants, valves, blowoffs, and sewer
mains and manholes, and other fixtures laid or placed by the Partnership
for the water and sewerage systems shall be so located in the dedicated
easements in the County, after approval by County Engineer, so as not to
obstruct or interfere with other uses made of such public places already
installed. The Partnership shall, whenever practicable, avoid interfering
with the use of any street, alley or other highway where the paving or
surface of the same would be disturbed. In case of any disturbance of pave-
ment, sidewalk, driveway or other surfacing, the Partnership shall, at its
own cost and expense and in a manner approved by the County Engineer,
replace and restore all such surface so disturbed in as good condition as
before said work was commenced and shall maintain the restoration in an
approved condition for a period of one (1) year. In the event that any time
the County shall lawfully elect to alter or change the grade of or relocate
or widen or otherwise change any such public way, the Partnership shall,
upon reasonable notice by the County, remove, relay and relocate its
fixtures at the Partnership's expense. The Partnership shall not locate any
of its facilities nor do any construction which would create any obstructions
or conditions which are or may become dangerous to the traveling public.
In the event any such public place under or upon which the Partnership shall
have located its facilities shall be closed, abandoned, vacated, or discontinued,
the Board may terminate such easement or license of the Partnership thereto;
-7-
GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
provided, however, in the event of this termination of easement, the party
other than the County requesting such termination shall pay to the Partner-
ship, in advance, its cost of removal and relocation of the removed facilities
in order to continue its service as theretofore existing, or the County shall
retain an easement not less than ten (10) feet in width for the benefit of the
Partnership and its facilities.
SECTION X
The Partnership shall not as to rates, charges, service facilities,
rules, regulations or in any other respect make or grant any preference or
advantage to any person nor subject any person to any prejudice or dis-
advantage.
SECTION XI
(a) The Partnership shall furnish, supply, install, and make
available its public water system and its public sewerage system to any and
all persons within the territory making demand therefor, and shall provide
such demanding person with its services and facilities, provided, however,
that the Board may, upon application of the Partnership, extend time for
providing such service to such demanding person. In the event the Partner-
ship fails to provide its services and facilities either as a water system or
sewer system or both to any area within the territory within time provided,
then in such event the County may by resolution of the Board, limit, restrict
and confine the territory to that area then being serviced by water and/or
sewerage by the Partnership or such greater area as the Board shall deter-
mine, and thereafter, the territory shall be only the area set forth, defined,
and provided by the Board, and the provisions of this franchise shall not
extend beyond the limits of the area so restricted and defined.
(b) The Partnership shall not be required to furnish, supply,
install and make available its public water and/or sewerage systems to any
person within the territory as hereinbefore set forth, unless the same may
be done at such a cost to the Partnership as shall make the addition proposed
-8-
�oo� 44 FADE 478
SEP101980 GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
SEP -10 980 aou 44 PAGE 47.9
financially feasible. Financially feasible shall mean that a fair and reason-
able rate to be charged by the Partnership for all its services under this
franchise; that such rate of return on the net valuation of its property
devoted thereto under efficient and economical management. The burden of
showing that a prospective service to the area is not financially feasible
shall.be the burden of the Partnership.
SECTION XII
The Partnership, or Partners of the Partnership does not sell or
transfer its interest to another nor transfer any rights under this franchise
to another without the approval of the Board, and provided further that no
such sale or transfer after such approval shall be effective until the vendee,
assignee or lessee has filed with the Board an instrument in writing reciting
the fact of such transfer and accepting the terms of this franchise and
agreeing to perform all of the conditions thereof. In any event, this
franchise shall not be transferrable and assignable until notice or request for
transfer and assignment shall be given by the Partnership to the Board in
writing, accompanied by a request from the proposed transferree, which
application shall contain information concerning the financial status and
other qualifications of the proposed transferee and such other information
as the Board may require. A public hearing shall be held on such request of
which notice shall be given by publication in a newspaper regularly published
in the County at least one time nor more than one month or less than one
week preceding such hearing. Certified proof of publication of such notice
shall be filed with the Board. Said hearing may thereafter -be continued from
time to time as determined by the Board. The consent by the Board to any
assignment of this franchise shall not be unreasonably withheld. Any sale or
transfer, by the Partnership or partners of the Partnership, taking place
contrary to the terms and conditions of this paragraph shall be considered by
the Board to be a default by the Partnership under this franchise agreement
and subject this franchise to termination.
-9-
M M r
GORDON 8. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
SECTION XIII
Partnership warrants adequate capacity to service existing or
anticipated customers and agrees not to provide water and/or sewerage
service unless adequate capacity is available at the time any new connection
is made.
SECTION XIV
The rates charged by the Partnership for its service hereunder shall
be fair and reasonable and designed to meet all necessary costs of the
service, including a fair rate of return on the net valuation of its properties
devoted thereto under efficient and economical management. The Partner-
ship agrees that it shall be subject to all authority now or hereafter possessed
by the County or any other regulatory body having competent jurisdiction to
fix just, reasonable and compensatory rates. When this franchise takes
effect, the Partnership shall have authority to charge and collect, but not to
exceed the following schedule of rates, which shall remain effective until
changed or modified as herein provided, to -wit:
WATER RATE
Residential and Commercial
(whether individual meter or
commercial meter)
First 2, 000 gallons (Base Rate
per unit)
All over 2, 000 gallons
SEWER
Residential
First 2, 000 gallons (Base Rate
per unit)
All over 2, 000 gallons
Commercial
Including schools, public buildings,
churches, service stations, retail
stores, and all non-residential
services
SEP 101990
-10-
$7. 10 per month, minimum
$1. 50 per 1, 000 gallons
RATE
$7. 10 per month, minimum
87% of $1. 50 per 1, 000 gallons
up to 10, 000 additional gallons,
maximum
100% of water bill
GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
44 Pur 480
SEP 10 1980
CONNECTION CHARGES
BOOR 44 PAGE 481,.
Connection charges for both the water and sewer hookups shall be
$300.00 each.
Mobile home units located within service areas shall never be individually
metered.
SECTION XV
IMPACT CHARGES
A. The Partnership agrees to pay the sum of Five Hundred Dollars
($500.00) per month until the sum of Twenty -Seven Thousand Four Hundred
Twenty -Four Dollars ($27, 424. 00) has been accumulated to the County.
In addition, the Partnership agrees to pay the sum of Seventy Dollars
($70. 00) per unit as each unit is completed into the County's master water
system as a future hookup impact charge. Both of said above amounts shall
be for main extension as provided in Ordinance 80-21. The Partnership
further agrees to pay the sum of One Hundred Fifty -Seven Dollars ($157.00)
per unit as each unit is completed as a future impact charge for plant
capacity as provided in Ordinance 80-22. The County will establish an
interest-bearing passbook account and will deposit all sums into said
account holding said funds until such time as the County is. in a position to
supply water services to the franchised area. The parties agree that the
account shall be in the County's name and shall be held under the following
conditions:
(1) At any time that the County shall acquire its own water
distribution system, and shall furnish water services to individual
customers, all sums of money remaining in said account, except accumu-
lating interest, shall become the absolute property of the County and the
Partnership shall relinquish all rights thereto. The County may adjust the
impact fee according to the provisions of Ordinances 80-21 and 80-22. From.
the effective date of any adjustment, the fund will accrue with the revised
charges deposited in the County's account.
-11-
GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
(2) The Ordinance 80-20 Plant Capacity fee is based on the
claims of the developer of 113 gallons per day per residential unit. Should
experience indicate a higher flow demand, this prepaid amount shall be
supplemented based on the flow demand formula of Unit Connection Charge
(initially $500. 00 per unit) X Peak average demand. The average demand
350 GPD ERC
shall be taken from existing records prior to connection to the County
system.
(3) Throughout the term of this franchise, the Partnership shall
be entitled to any and all interest which shall be paid annually on or before
September 30th of each year to the Partnership. The Partnership shall be
entitled to an accounting of said interest-bearing account, at any time upon
request made by it to the County.
B. The Partnership agrees to pay to County the sum of Five Hundred
Dollars ($500.00) per month for a maintenance account until said sum
reaches the sum of Thirty Thousand Dollars ($30, 000.00). Said fund shall
be used as a sinking fund and applied only for repairs and/or replacement
of the water system as the need arises. The County is granted the right to
make necessary repairs using said funds in the event of default on the part
of Partnership in maintaining the quality standards established in this
franchise. The Partnership also agrees that the cost of a meter at such
time as the County provides water services to the franchise area may be
t aken out of this fund.
C. The Partnership agrees to pay to County impace fees and maintenance
charges relating to commercial property located within said service area
at such time as said County provides for development. Said fees are to be
dealt in accordance with Ordinance 80-21 and Ordinance 80-22.
SECTION XVI
The Partnership shall at all times maintain public liability and
property damage insurance in such amounts as shall be required from time
to time by the Board in accordance with good business practices as
SEP 101980
-12-
U
nox 44 PA -F 482
GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
SEP 101980 BOOK 44 PnE 483
determined by safe business standards as established by the Board for the
protection of the County and the general public and for any liability which
may result from any action of the Partnership. If any person serviced by
the Partnership, under this franchise, complains to the Board concerning
the rates, charges and/or operations of such utility and the Partnership,
after request is made upon it by the Board, fails to satisfy or remedy such
complaint or objections is not proper, the Board may thereupon, after due
notice to such utility, schedule a hearing concerning such complaint or
objection and the Board may review the rates and charges set and charged
by the Partnership for the service it furnishes or the quality of services
furnished. If the Board enters its order pursuant to such hearing and the
Partnership feels it is aggrieved by such order, the Partnership may seek
review of the Board's action by proceedings in the Circuit Court of the
County; otherwise, the Partnership shall promptly comply with the order of
the Board.
SECTION XVII
Should the Partnership desire to establish rates and charges or
should the Partnership desire to increase any charges heretofore established
and approved by the Board, then the Partnership shall notify the Board in
writing, setting forth the schedule of rates and charges which it proposes.
A public hearing shall then be held on such request, of which notice shall be
given by publication in a newspaper regularly published in said County at
least one time not more than one month or less than one week preceding
such hearing. Certified proof of publication of such notice shall be filed
with the Board. Said hearing may thereafter be continued from time to
time as determined by the Board. If the Board enters an Order pursuant to
such hearing and the Partnership or any person feels aggrieved by such order,
then the Partnership or such person may seek review of the Board's action
by proceeding in the Circuit Court of the County.
-13-
GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
SECTION XVIII
Prior to the Partnership placing any of its facilities in anv of the
public places as herein authorized, the Partnership shall make application
to and obtain a permit from the County Engineer authorizing said
construction in the same manner as permits are authorized in the County
for the use of the public roads as shall now or hereafter be established by
regulations of the County. The County shall have the right when special
circumstances exist to determine the time in which such construction shall
be done.
SE CT ION XIX
If the Partnership fails or refuses to promptly faithfully keep,
perform and abide by each and all of the terms and conditions of this
franchise, then the Board shall give the Partnership written notice of
such deficiencies or default and a reasonable time within which the Partner-
ship shall remedy the same, which notice shall specify the deficiency or
default. If the Partnership fails to remedy such deficiency or default within
the time required by the notice from the Board, the Board may thereafter
schedule a hearing concerning the same with reasonable notice thereof to
the Partnership and after such hearing at which all interested parties shall
be heard, the Board may further limit or restrict this franchise or may
terminate and cancel the same in whole or in part if proper reasons thereby
are found by the Board. If the Board enters an order pursuant to such
hearing and the Partnership or any other person feels aggrieved by such
order, the utility or such other person may seek review of the Board's
action by proceedings in the Circuit Court of the County.
SECTION XX
Any person using in normal average consumption more than 100, 000
gallons of water per day shall not be required to deal with the Partnership
but any such water user shall be at liberty to secure its water from such
SEP 10 1980
-14-
BOOK
CORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
44 PAGE 484
FF -
SEP 10 1980 BOOK 44 PAGE 485
source or sources as it might desire, so long as the independent water
source does not adversely affect Partnership supply. Nothing in this
franchise shall prevent landowners from exercising their vested rights or
privileges as set forth and contained in any license issued to any utility
heretofore granted by the Board pursuant to Section 125.43, Florida
Statutes.
SECTION XXI
The Partnership shall design all facilities within the franchise area
to conform to the Indian River County Master Plan for utilities, when
applicable. Permits shall be required for the placement or location of wells
and treatment plants. The County Engineer, or his designee, shall approve
the plans and permits. In addition, all plans shall be approved by the
Department of Environmental Regulation and other appropriate agencies.
The County shall make necessary inspections during construction, and
quarterly thereafter, as covered by a permit fee of $12,960.00 to be paid
by the Partnership upon approval of this franchise.
SECTION XXII
When the County takes over said water and sewer system, the
Partnership agrees to convey to County all internal pipes. The Partnership
also agrees to grant to County any easements necessary to connect the
franchise's water and sewer system to the County's water and sewer system
without cha rge.
SECTION XXIII
If any word, sections, clause, or part of this resolution is held
invalid, such portion shall be deemed a separate and independent part and
the same shall not invalidate the remainder.
IN WITNESS WHEREOF, the Board of County Commissioners of
Indian River County, Florida, has caused this franchise to be executed in
the name of the County of Indian River by the Chairman of the Board of
County Commissioners, and its seal to be affixed and attested by its Clerk
all pursuant to the resolution of the Board of County Commissioners adopted
on the 10th day of September , 1980.
GORDON B. JOHNSTON, ATTORNEY AT LAW, VERO BEACH, FLORIDA
Signed, sealed and delivered
in the presence of:
Attest: L
j kt—Jry ��4 j
Freda Wrig , Clebk
SEP 10 wo
-16
COUNTY OF INDIAN RIVER, FLORIDA
Wil ar r1,, Silebert, J
Chairman:
Board of�County Commissioners
No 44 PAGE 40b
Sip 101980
BOOK 44 PAGE 487
CONSENT AND ACCEPTANCE OF FRANCHISE
FLORIDA MOBILE HOME COMMUNITIES, INC., a Florida corpora-
tion, one of the property owners of the property covered in the service
area of this franchise, does hereby consent to and accept the foregoing
franchise, and for their successors and assigns, does hereby covenant and
agree to comply with and abide by all of the terms, conditions and provisions
therein set forth and contained.
DATED at Vero Beach, Indian River County, Florida, this 17th day
of September , 1980.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER.
FLORIDA MOBILE HOME COMMUNITIES,
.; INC.
:I
3 p
By
nald¢�W. Fre n President
Attest: ,,,._,,../,
ichard I. Sills, Secretary
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgments,
personally appeared DONALD W. FREEMAN and RICHARD I. SILLS, well
known to me to be the President and Secretary respectively of FLORIDA
MOBILE HOME COMMUNITIES, INC., a Florida corporation; and they
acknowledged before me that they executed the foregoing instrument for
the uses and purposes therein expressed.
WITNESS my hand and official seal in the State and County aforesaid
this 17th day of September 1980.
Not," ry Public, State of Florida at Large
My`commission expires:
NOTARY PUBLIC STATE OF, FLORIDA AT LARGE
MY COMMISSION EXPIRES SEPT , 12 1984
BONDED THRU GENERAL INS, UNDERWRITERS
-17-
GORDON B. JOHNMORNEY AT LAW, VERO BEACH, FLORIDA
I
SEP 101980
ORGANIZATION OF COUNTY ADMINISTRATOR`S DEPARTMENT
THE BOARD:
PERSONNEL DIRECTOR DONLON PRESENTED THE FOLLOWING CHART TO
EMPLL7YEE!; (T'
HeXAKI) 01" COUNTY c mm!ssI(1N
53,
BOOK 44 FAIJF 488
SEP 10190
Boa 44 PAGE 489
MR. DONLON STATED THE TYPEWRITTEN FIGURES ON THE LEFT
OF EACH BLOCK ARE THE AUTHORIZED NUMBER OF EMPLOYEES FOR THAT DEPART-
MENT, AND THE NUMBER ON THE RIGHT ARE THE NUMBER OF PEOPLE ACTUALLY
WORKING IN THAT DEPARTMENT. HE ADVISED THAT THERE ARE 162 EMPLOYEES
OF THE BOARD OF COUNTY COMMISSION.
CHAIRMAN SIEBERT NOTED THAT THIS WAS NOT AN ORGANIZATIONAL
CHART AND THOUGHT THERE SHOULD BE ONE FOR EACH DEPARTMENT. HE STATED
THAT HE WOULD LIKE TO HAVE MR. DONLON RETURN AND GIVE THE BOARD
AN OVERALL ORGANIZATIONAL CHART, DEPARTMENT BY DEPARTMENT. HE
FELT HAVING A CHART FOR THE ENTIRE COUNTY WOULD BE VERY HELPFUL
IN WORKING WITH THE BUDGET.
COMMISSIONER LYONS AGREED THAT HE ALSO WOULD LIKE TO KNOW
HOW WE ARE ORGANIZED.
SEPTIC TANK PERMIT FEES
THE BOARD NEXT DISCUSSED THE FOLLOWING LETTER FROM
DR. FLOOD OF THE HEALTH DEPARTMENT:
54
:73
�v9 oqA-AM'
Rehabilitative services
INDIAN RIVER COUNTY HEALTH UNIT 2525 - 14th AVENUE VERO BEACH, FLORIDA 32960
August 28, 1980
Mr. W. W. Siebert, Chairman
Board of County Commissioners
Indian River County Courthouse
P.O. Box 1028
Vero Beach, Fla 32960
Dear Mr. Siebert:
In August 1973, the Legislature returned the responsibility of the
septic tank program to the Health Department from the then Depart-
ment of Pollution Control.
At this time the Health Department decided to take over all soil
testing and engineering necessary for issuance of septic tank per-
mit, and requested from the County Commission the authority to
charge a fee to help pay for the extra mileage, clerical work and
man hours involved in this added work load.
Previous to this, the soil testing had been done by private engineers
and surveyors; which had not proved successful.
In regular meeting on September 12, 1973, the Board of County Com-
missioners unanimously authorized the Indian River County Health
Unit to charge up to $50.00 for the issuance of septic tank permits=
The fee at that time was set at $35.00, and has not been increased
over the past seven years.
.1owe er, now due to i d�l�:tio:L, ir.cr�use:. ccv _ of gasolj.ne wn. �.._
amount of time required to devote to this program, we feel it is
necessary to increase this fee to the minimal charge of $40.00.
If there is no objection, we plan to put this new charge into effect
September 15, 1980.
We sincerely appreciate your support and cooperation in this very
important program, as in all our programs.
Sincerely yours,
C. C. Flood, M. D.,Director
CCF/JCA/fcg Jack C. Allen, R.S
Enviornmental Health Director
SEP 10 wo
L
Boal 44 FacF.490
SEP 10 1980BO44 °PAGEYi7B6%
ATTORNEY COLLINS NOTED THAT PRIOR FEES WERE ESTABLISHED
BY MOTION, AND HE FELT THAT A RESOLUTION WOULD BE MORE APPROPRIATE,
ALSO ESTABLISH A SET FIGURE AND AN EFFECTIVE DATE.
DISCUSSION FOLLOWED ALONG THOSE LINES.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-89 SETTING THE
FEE AT $40 FOR SEPTIC TANK PERMITS, EFFECTIVE SEPTEMBER 15, 1980, TO
BE CHARGED BY THE INDIAN RIVER COUNTY HEALTH DEPARTMENT.
RESOLUTION 80-89 WILL BECOME A PART OF THE MINUTES WHEN
COMPLETED.
SUNCOM AGREEMENT
THE BOARD NEXT CONSIDERED THE FOLLOWING LETTER FROM THE
DEPARTMENT OF GENERAL SERVICES:
55
STATE OF FLORIDA
DEPARTMENT OF -totXr4
GENERAL SERVICES
Larson Building, Tallahassee 32301 r4"'
• ,4°oa M a i�°s4
1humas R Brown, Executive Director
September 4, 1980
Mr. Neil A. Nelson
Assistant County Administrator
Indian River County
2145 14th Avenue
Vero Beach, Florida 32960
Dear Mr. Nelson:
DIVISIONS
• ADMINISTRATION
• ELECTRONIC DATA
• BOND FINANCE
PROCESSING
• BUILDING CONSTRUCTION
• MOTOR POOL
AND PROPERTY MANAGEMENT
a PURCHASING
• COMMUNICATIONS
• SECURITY
• SURPLUS PROPERTY
Please address reply to,
51, Larson Building
r�;_of Communications
40
� 4@ �'h. o•
�✓a`o
o„ P
The SUNCOM Agreement which is required between the State of Florida
and your office is intended to show that your office will be treated
the same as all other SUNCOM users. In the past we have not ac-
cepted any modifications to the standard agreement.
Indian River County has the capability to control usage by the
Dimension Class of Service assignments for station users. The station
users that have a regular need for making long distance calls should
have dial access to the SUNCOM access lines. Those that do not have
a regular need would be denied dial access to the SUNCOM access lines
and could obtain access via the attendant when SUNCOM usage is re-
quired.
Enclosed you will find two (2) copies of the agreement. If you
wish to become a part of the network, please execute both copies
and return to me.
If you have any questions, please call me at (904) 487-2000.
Sincerely '.
Winston E. Pierce
Communications Engineer
WEP : s lh
Enclosures
Sept. 9, 1980
We can control access through our switchboard. Recommend we
execute the Standard Agreeme t.
ro: Ufanam Jim Smith Geor a Firestone �erald A
Governor Attorney General Neil ��a�®119t�te unty A 1ri1S�>jlti
Bill Gunter Doyle Conner Ralph D. Turlington
State TreaSUlel Commissioner of Agriculture Commissioner of Education
ADMINISTRATOR NELSON THEN RECOMMENDED THAT THE BOARD
EXECUTE THE STANDARD AGREEMENT WITHOUT ANY MODIFICATION.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN THE SUNCOM
AGREEMENT,
ma 44 FAu 492
SEP 101990 56
SEP 10 19$0 .
SUNCOM AGRLEMENT BOOK 4 PAGE 493
This AGREEMENT is by and between Indian River County
hereinafter referred to as the COUNTY, and the State of Florida
Department of General Services, Division of Communications, here-
inafter referred to as the STATE, regarding the COUNTY'S partici-
pation in the SUNCOM Intercity Network.
The STATE shall provide to the COUNTY accessibility to the SUNCOM
Intercity Network and any future long-distance system, as re
quested by the COUNTY and as provided by'the STATE. All lines not
restricted by the COUNTY shall have access to the STATE long
distance network. Charges shall be paid to the STATE by the COUNTY
for this service and shall be based upon the COUNTY'S prorated
share of the system usage and shall cover administrative costs as
well as network utilization and shall be consistent with the charges
and services provided to participating State agencies.
The STATE -shall provide the COUNTY with an invoice each month for
services utilized by the COUNTY that are consistent with the billing
system and concepts used by the participating State agencies.
The COUNTY recognizes and agrees that the billing concepts and net-
work configuration may be subject to changes from time -to -time as a
result of changes in applicable laws, regulations, traffic patterns,
and other conditions which may result in modifications to existing
policy decisions or directives.
ATTEST:
ATTEST:
Freda Wright, Clerk
COM :9026
S
STATE OF FLORIDA DEPARTMENT OF
GENERAL SERVICES, DIVISION OF
COMMUNICATIONS
BY
TITLE Executive Director
DATE
Indian River COUNTY., FLORIDA
BY
CChai ma
TIT], Boarrd o? County Commissioners
Indian River County, Fla.
DATE September 10, 1980
OuT-oF-C uNTY TRAVEL - E. J.REGAN
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY AUTHORIZED OUT -OF -COUNTY TRAVEL FOR
EDWARD J. REGAN TO JACKSONVILLE, FLORIDA, SEPTEMBER 17-18, 1980 TO
ATTEND FY 81 COMMUNITY DEVELOPMENT PRE -APPLICATION MEETING.
SECTION 8 REQUISITION - QUARTERLY PAYMENT
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY APPROVED THE REQUEST FOR QUARTERLY
PAYMENT OF ANNUAL CONTRIBUTIONS CONTRACT FOR SECTION 8 EXISTING HOUSING
RENTAL ASSISTANCE PROGRAM, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN.
SEP 101980
0
800K 44 iwu 494
/5.751
• 1' SEP 01980 �j U.S. DEPARTMENT OF HOUSING AND !j4SAN ULb�L•JPMENT �QQA 4,41 PAGE �E ONLY
RECUISITION FOR PAAT, iAL PAYMENT OF ANNUAL CONTRIBUTiONS n
NOUS NG ASS:STANCE PAYh1ENTS PRCG.ri Afri .uc ner hunger'
SECTIO:V 23 1 , ScCTION 3 Cj
i Cate of Recuisitian Sept. 10, 1"Nc,1 Ysar finding Date Sept. 30. 1981 For Quarter Ending Dec. 31, 198Q
NAMC AND ADDRESS OF PUBLIC H(,US!NG AGENCY (lnciudlRq cq) Cuda/
ACC Contract Numbur A-3µ09
Indian River County Board of County Commissioners
800 20th Place Suite 3, Vero Beach Fla. 32960
Project `Jumher FL -29F.132-001
No. of Months in Ricci Year 12
Type of Project:
DEPOSITARY SANK 6' ane, Addre,s and Aecounl Aumbrr)
First Citrus Bank
Vero Beach, Fla. 32960 Acct. #98-04000-1
® EXISTING ❑ NEW � REHAB.
a. NumFur of Units Under lease to Eligible Families as Of Date of Requisition 68
5. estimated Number of Units to be under Lease at End of Requested Quarter 114
c. Average Monthly Housing Assistance Payment Per Unit as of Date of Reouisition 153
DESCRIPTION
ESTIMATE OF
REQUIRED
ANNUAL
CONTRIBUTIONS
TOTAL COST
INCURRED
TO DATE
ESTIMATED
ADDITIONAL
COST TO END
OF REQUESTED
QUARTER
CUMULATIVE
TOTAL
FUNDS
REQUIRED
(1)
(2)
(3)
f4)
(5)
PREL"JINARY ADMINISTRATIVE EXPENSE
1. Preliminary Administrative Expense—Prior to ACC (Account 4010)
0
0
0
0
0
0
0
2. Preliminary Administrative Expense—After ACC (Account 4012)
0
0
0
0
3. Total Preliminary Administrative Expanse (Lincs I & 2)
4._tkc'i: �s�ar ;
0
0
0
�• G
NOlti►:XP�i'JOAS3LE cQUI�e PdE?1T
4. Replacement of Nonexpendable Equipment (Account 7520)
5. Property Betterments and Additions (Account 7.540)
0
0
0
0
E. Total Nonexpendable Equipment (Lincs 4 & SJ
I
HOUSING ASSISTANCE PAYMENTS
7. Housing Assistance Payments (Account 4715)
265,476
0
57,694
57,694
ADMINISTRATIVE FEE
8. Total Administrative Fee Approved for Fiscal Year
31,212
9. Monthly Rate of Administrative Fee (Linc 8 divided by number of months
in fiscal year)
2,601
10. Amount Previously Requisitioned for fiscal year
0
6,611
11. Estimated Additional Amount Required to end of Requested Quarter
12. Total Administrative Fee (Lincs JO & 11)
6,611
INDEPENDENT PUBLIC ACCCUP1TANT AUDIT COSTS (Section 8 only)
0
0
13. Total Independent Public Accountant Audi: Costs
SECURITY AND UTILITY VEFOSI7S (Section 23 only)
14. Total Allowance Approved for Security and Utility Deposits
0
15. Amount Previously Requisitioned for Fiscal Year
0
0
16. Estimated Additional Amount Requirod to End of Requested Quarter
0
17. Total Security and Utility Deposits (Lines IS & 16)
AMOUNT OF THIS REQUISITION
18. Total Funds Required to End of Requested Quarter (Lines 3, 6, 7, 12,
13d 17)
64,305
0
19. Total Partial Payments Received for Fiscal Year to Date
64 305
20. Partial Payment Requested (Line IS minus Line 19J
IST
INSTALLMENT
2ND j'
INSTALLMENT
3RD
INSTALLMENT
TOTAL
METHOD OF PAYMENT
21. Requested Installment Payments
21,435
21,435
21,435
64,305
1 CERTIFY that housing assistance payments have been cr vAli be made only with respect to units which: (1) ore under (ease by Families at the time such
housing assistance payments are made excerpt as otherwise provided in the Housing Atsivance Payments Contracts and t2) the Housing Agency has within
one year prior to the making of such housing assistance payments, adequately inspectod or caused to be inspected (including inspection of grounds, facilities,
and areas for the benefit and use of the (amities) to assure that decent, safe and sanitary housing accommodations are being provided; that all applicable pro-
visions of the above numbered Contract hsve been complied with by the Housing Agency; aiid that this requisition for annual contributions has been exam-
ined by me and to the best of my knowiudge and belief it is true, correct and complete. Indian River County
Board of County Commissioners
September 10, 1980 (Name of flu blic Housing Aiiency) Chairman
i !L'•at.•t (Si.dnuture unci 1'i;'.: of t_i/jiciat Authorized to ierti`7J
HUD FIELD OFFICE APPROVAL^
(Signature, and Title of Official Authorized to Approve) (Date)
REGIONAL ACCOUNTING DIVISION
Prevalidated by:
PAYMENT
FOR
MONTH OF
AMOUNT
PAID
GATE
CERTIFIED FOR
PAYMENT
CERTIFIED
BY
(Initial+)
(Signature)
(Date)
TOTAL
® MUD -52603
Replac�. HUD -2663 dated June 1971.
la -Mus alai �Mfflalzwz -
THE BOARD REVIEWED THE FOLLOWING LETTERS CONCERNING NORTH
GIFFORD PARK:
SEP `"' 1980
Econo-mic Opportunities Council
Of iud i.an Itiver County, Inc.
P. o. BOX 2766
VERO BEACH, FLORIDA 32960
TELEPHONE 562-4177
562-4178
September 2, 1980
Mr. Ed Regan, Director
Community Development
Program
800 20th Place
Vero Beach, Florida 32960
Dear Mr. Regan;
Persuant to our conversation last Friday at your office, please
be advised of the following time frame and logistics regarding
implementation of our proposed Summer Youth Program.
Our agency is in receipt of a one time federal summer youth
grant for $6,000, deposited in our local account which must be
expended by September 30, 1980.
We propose to expend these funds after review by your department,
the County Planning Department, local civic groups cn playground
equipment supplied by a reputable recreational equipment manu-
facturer for assembly and set up on a permanent site in the
Gifford Park.
Upon delivery of the playground modules, the EOC Planning Depart-
ment is hopeful that suitable safe storage might be made avail-
able at the Indian River County vehicle barn prior to assembly
and set up.
The proposed force will be provided by a joint venture of the
Gifford Progressive Civic League and the Gifford Chapter of
Jay-cees International. The back up labor force will be pro-
vided by'summer youth workers of the Florida Farmworkers Council.-
under
ouncil:under their supervisory personnel. It is hoped that the Indian
River County Parks Department may provide on site expertise on
a part time temporary consultant basis during on'tgoing set up
SEP 101980
.x
BOOK 44 FACE 496
SEP 101980 Bou 44 PAGE 497
The Economic Opportunities Council in conjunction with your office
and the Indian River Planning Department, together with cormunity
action input, is hopeful that favorable approval wili be rendered
by the Indian River Commission.
Sincerely,
coseph J. Hegarty
Executive Director
JJH/j cj
M E M O R A N D U M
TO: Bp d of oun, y Commissioners
FROM: Edward J. �eg an
DATE: September 3, 1980
SUBJECT: North Gifford Park
Some improvements have been implemented in North Gifford
Park, and we have also collected estimates of costs relative
to the various requests made to the Gifford Progressive Civic
League.
The Economic Opportunities Council has received a one-
time federal Summer Youth Grant for $6,000. They propose to
expend these funds on playground equipment for use in North
Gifford Park. A copy of a letter of intent from Joseph J.
Hegarty, their Executive Director, is attached.
The decision to proceed with the purchase of the play-
ground equipment rests with EOC. They have met with the Gif-
ford Progressive Civic League and the Gifford Chamber of Jay-
cees International. We have advised them to continue to seek
their input and to possibly include other service and church
groups from the area.
Should the EOC choose to proceed with purchasing the
v eq-4--e-n-, L ... ... e_�.. t-hLGL
1. The County provide temporary storage space at
the County garage;
2. The responsibility for the installation of the
equipment rests with EOC;
3. The County Park Department, along with the Plan-
ning Department, should be responsible for
approving the site plan; and
4. The Park Department should supervise EOC's
installation of the equipment.
EJR/ss j
Attachment
DISCUSSION FOLLOWED, AND IT WAS DETERMINED THAT THE
COUNTY COULD STORE THE EQUIPMENT, AS REQUESTED.
ATTORNEY COLLINS THOUGHT THE COUNTY WOULD BE LIABLE AND
RESPONSIBLE FOR THE INVENTORY.
ADMINISTRATOR NELSON COMMENTED THAT THEY COULD RECEIPT EACH
ITEM, AND FELT THERE WOULD BE NO PROBLEM IN TAKING IN THE EQUIPMENT.
CHAIRMAN SIEBERT FELT THE ADMINISTRATOR SHOULD BE AUTHORIZED
TO HANDLE THIS REQUEST, AND COMMISSIONER LOY AGREED.
MOTION WAS MADE BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THAT THE ADMINISTRATOR BE AUTHORIZED TO RESPOND IN A SUITABLE
WAY TO THE REQUEST AS OUTLINED IN MR. REGAN'S MEMO OF SEPTEMBER 3, 1980.
ADMINISTRATOR NELSON INTERJECTED THAT HE HAD BEEN TOLD BY THE
ECONOMIC OPPORTUNITIES COUNCIL THAT THE COUNTY WOULD HAVE THE FULL
COOPERATION OF THE GIFFORD PROGRESSIVE LEAGUE IN THIS MATTER.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
PASSED UNANIMOUSLY.
CITIZEN EXPRESSING THANKS FOR PAVING
RANDOLPH RUSSELL, 1515 7TH STREET, APPROACHED THE BOARD TO
THANK THEM FOR THE PAVING THAT WAS DONE IN HIS AREA YESTERDAY - HE
REMARKED THAT HE WAS VERY, VERY HAPPY.
CHAIRMAN SIEBERT ACCEPTED HIS THANKS AND COMMENTED THAT THE
CREDIT GOES TO THE ADMINISTRATION DEPARTMENT.
PAVING REQUEST OF 16TH STREET
THE BOARD NEXT DISCUSSED THE FOLLOWING REQUEST AND RECOMMENDA-
TIONS CONCERNING PAVING OF 16TH STREET BETWEEN 43RD AVENUE AND KINGS
HIGHWAY;
SEP 101980
62
BOOK 44 PA -VE 498
SEP 10 19so October 29, 1979 BooK
44 PAGE 499
Mr. George M. Beuttell
5480 Rosewood Blvd.
Vero Beach, Florida 32960
Dear Mr. Beuttell:
Per your request by letter, please be informed as follows:
On any county road that has been accepted by the County
for maintenance, it is possible for all abutting property owners
to request paving by the County on the following basis; the
owners place a cash deposit with the County Finance Director
for 75% of the estimated material cost. The County will do the
engineering,: testing, placing stabilizing material, grading,
construction and assume the remaining 25;0 of material cost of
asphalt and limerock or soil cement.
Present approximate estimation of cost to property owners
for a 20 toot wide pavement is $13.50 per lineal foot. The
length of your street from 50th to 58th Avenue is approximately
2,640 feet.
All requests are subject to prior consideration and
approval by the Board of County Commissioners.
Yours very truly,
Nei A. Nelson
Assistant County Administrator
August 14, 180
Ms. A laza Lee Loy
County Commissioner
2036 35th Avenue
Vero Beach, Florida
32960
Dea r Ms. Loy,
I
Due to the increased traffic created by the Indian River Community
College and the difficulty of maintaining Rosewood Road between 43rd
Avenue and King's Highway the residents of that area desire to have
the unpaved portion completed.
Please consider this a request to place Chis on the County Commission
agenda.
Thanking you for your kind attention to this matter.
George Beuttell
GB/lc
August 20, 1980
MEMORANDUM
TO: David Rever, Director of Planning R Zoning
ER0`1: Neil A. Nelson, Assistant County Administrator
SUBJECT: Paving request of 16th Street
.rnclosure �1 is a request from George Beuttell to pave 16th Street from
43rd Avenue to Kings Highway. He had previously requested the paving and we
responded with an offer to pave the road under the 75 percent plan (see enclosure
�? 1
I spoke with George Wednesday, August 20, 1980, and he feels the residents
do not want to participate in the cost and feels the County should pave the
road at no cost to the residents. His main reason was that the road is being
used by all people of the County going out to the Junior College.
Please review this correspondence and coiliuent.
I would.like to put this on the agenda for September 10, 1980, so I need
your comments by August 29, 1980.
NLil A.:lson, —Assistant Count~ y admin strt
"'N..'s
Enclosures
IN®IAN RIVER COUNTY
September 2, 1980
TO: Neil Nelson, County Administrator
FROM: David M. Rever, Planning & Zoning Director
SUBJECT:. Paving Request of 16th Street
The proposal presented in your letter to Mr. Beuttell on October 29,
1979 would seem to be a very good deal for all property owners adjacent
to the portion of road in question. Any improvement to the road is
definitely an improvement to the value of the abutting properties.
The Transportation Plan presently being developed as part of the County's
Comprehensive Plan anticipates 16th Street to become a major collector in
the future. However, present development in the area and traffic use
would not seem to justify total cost assumption by the County for road
development at this time. While some Community College traffic probably
uses this road now, it is felt that better road conditions would only
serve to increase its use for better access between the college and
residential areas to the east, providing little additional convenience
to the immediate area.
SEP 101990
80 -OK 44 FAuf 5 Q
I
•
BOOK 44 P,aGE 501
With the development of this road, plans should include the acquisition
of additional right-of-way for future road expansion as development in-
creases in the area. As a major collector, it is suggested that a 100
foot right-of-way be attained. Conceivably, acquisition of this right-of-
way could be traded off for payment toward present road paving'. Future
development along this stretch of 16th Street would require dedication of
additional right-of-way as part of the development process.
Your p rens::'' or Do -3 i :.'%': 1 -.4ao4�n ' : i,? t'i
''.7 : ;7 r i �r � 4 r.--,. ;
owners. IfVthe ystaff can be of any further assis
please call on us.
DMR: j t
MEMORANDUM
TO:
FROM:
SUBJECT:
MMUMMOAVID M. REVER • DFECTOR
2Ud'I 'K+n+AVE. VERO EEAON FL 32960
Board of County Commissioners
September 4, 1980
Neil A. Nelson, County Administrator
Paving Request of 16th Street
Enclosure number one: George Beuttell's letter of August 14, 1980
Enclosure number two: Neil A. Nelson's letter of October 29, 1979 to
Mr. Beuttell.
Enclosure number three: David Rever's memo to Neil A. Nelson, September
2, 1980.
Enclosure number one is a request from George Beuttell to Commissioner
Alma Lee Loy to have the unpaved portion of 16th Street between 43rd Avenue
and Kings Highway paved.
Previously, I had written to Mr. Beuttell providing him with information
concerning the 75 percent paving plan.
(Enclosure number two) On August 20, 1980 I contacted Mr. Beuttell and he
stated that the residents did not want to participate in the cost and felt the
County should pave the road at no cost to the residents. Mr. Beuttell's request
was staffed through the Planning & Zoning Director,and he feels that even though
16th Street will become a major collector in the future, the present development
would not warrant total cost assumption by the County.
Lnc10su;-2 number .e; Concur wit:f,;_
It is recommended that 16th Street not be paved at this time and that it
be considered in next years paving plan.
�. _�Q 1)
Ne it . Ne son, Toun dminsitrator
NAN:ms
Enclosures
� - s
COMMISSIONER Loy CONCURRED WITH THE RECOMMENDATIONS OF
THE PLANNING DEPARTMENT AND THE ADMINISTRATION DEPARTMENT.
CHAIRMAN SIEBERT INQUIRED IF ANY CALLS WERE RECEIVED
OBJECTING TO THE PAVING, SINCE IT MIGHT ATTRACT SPEEDERS, AND IT
WAS DETERMINED NO SUCH CALLS WERE RECEIVED.
DISCUSSION FOLLOWED ABOUT THE RIGHT-OF-WAY, AND IT WAS FELT
IT WOULD BE IMPOSSIBLE TO WIDEN 16TH STREET.
COMMISSIONER Loy SUGGESTED THE REQUEST BE HELD IN ABEYANCE,
PUT ON A PRIORITY LIST, AND HANDLED LATER.
THE BOARD AUTHORIZED THE ADMINISTRATOR TO CONTACT MR. BEUTTELL
RE THE BOARDS DECISION.
to] ►: ' W.Alk► ► LeXR1101i Lot mewalqmlvalmlm�
COMMISSIONER LYONS FELT WE MAY HAVE A PROBLEM WITH THE
APPOINTMENT OF MUNICIPAL REPRESENTATIVES ON THE BASIS OF A NEW LAW, HE
CONTINUED THAT A QUESTION WAS RAISED AS TO WHETHER OR NOT THE COUNTIES
CAN APPOINT REPRESENTATIVES, OR IF THEY SHOULD BE CHOSEN IN SOME
OTHER MANNER. COMMISSIONER LYONS DOES NOT KNOW THE ANSWER TO THIS
AS OF YET, BUT WANTED TO MAKE THE BOARD AWARE OF THE SITUATION.
STH AVENUE-- NORTH -SOUTH THOROUGHFARE INTO ST. LUCIE COUNTY
COMMISSIONER LYONS DISCUSSED THE SPANISH LAKES COUNTRY CLUB
VILLAGE, WHICH IS A LOW DENSITY MOBILE HOME DEVELOPMENT JUST OVER
THE COUNTY LINE IN ST, LUCIE COUNTY, HE ADVISED THERE HAS BEEN SOME
COMMUNICATION BETWEEN OUR PLANNING DEPARTMENT AND THE PLANNING DEPART-
MENT IN ST. LUCIE COUNTY, AND THE APPLICANT HAS AGREED THAT WHEN THE
TIME COMES,.RIGHT-OF-WAY WOULD BE GIVEN IN ST. LUCIE COUNTY, WHICH
WOULD BE THE CONTINUATION OF STH AVENUE. COMMISSIONER LYONS FELT IT
MIGHT BE WORTHWHILE THAT THE BOARD BACK THE PLANNING DEPARTMENT'S
RECOMMENDATION THAT STH AVENUE WOULD BE A NORTH -SOUTH THOROUGHFARE.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY CONCURRED WITH THE PLANS OF THE PLANNING
DEPARTMENT THAT STH AVENUE BE CONSIDERED AS A NORTH -SOUTH THOROUGHFARE
INTO ST, LUCIE COUNTY.
SEP 101980 66
L
SOCK 44 FA"iE 502
I
SEP 10 1980 Boox 44 PAGE 503
STATUS OF NEGOTIATIONS WITH INDIAN RIVER SHORES, CITY OF VERO BEACH
AND COUNTY IN CONNECTION WITH THE SEWER
COMMISSIONER LYONS STATED THAT AS FAR AS INDIAN RIVER
SHORES AND THE COUNTY ARE CONCERNED, THEY ARE PRETTY MUCH IN AGREE-
MENT, AND HE THOUGHT THEY WOULD BE ABLE TO BRING TO THE BOARD AN
AGREEMENT THAT HAS A GOOD CHANCE OF BEING APPROVED. HE COMMENTED
THAT ONE OF THE THINGS THAT HAS CHANGED A LITTLE IS THAT IF INDIAN
RIVER SHORES WAS NOT ABLE TO MAKE THE CONNECTION TO VERO BEACH EARLY
ENOUGH IN ACCORDANCE WITH OUR WISHES, THAT WE COULD GO AHEAD AND RUN
OUR OWN LINE FROM THE PEBBLE BAY LIFT STATION ON TO VERO BEACH.
COMMISSIONER LYONS CONTINUED THAT AT THE LAST MEETING, INDIAN RIVER
SHORES INDICATED THAT THEY WOULD BE WILLING TO AGREE TO CONNECT PEBBLE
BAY STATION TO THE CITY OF VERO BEACH WITHIN 120 DAYS AFTER THE
SIGNING OF THE AGREEMENT; VERO BEACH WAS ALSO IN FAVOR OF THAT BECAUSE
THEY FELT THAT WE HAD ENOUGH LINES RUNNING DOWN AIA WITHOUT ADDING
TWO SEWER LINES. HE ADDED THAT, IN OTHER WORDS, INDIAN RIVER SHORES
WOULD SIZE THE LINE AS THEY CONSIDERED FOR THEIR ULTIMATE NEEDS AND
THEN CONNECT US TO THAT LINE AND WE WOULD SIMPLY MAKE A CONTRIBUTION
TO THAT LINE EQUAL TO THE COST OF A 6" LINE. COMMISSIONER LYONS STATED
THAT THERE WERE A NUMBER OF OTHER SMALL THINGS THAT WERE BROUGHT UP,
BUT IN GENERAL, INDIAN RIVER SHORES AND THE COUNTY ARE PRETTY CLOSE
TO HAVING AN AGREEMENT.
HOSPITAL SEWER ALLOCATION
COMMISSIONER LYONS REPORTED THAT MR. GREGG, OF THE CITY
COUNCIL, FELT HE HAD TO SETTLE THE MATTER OF THE HOSPITAL ALLOCATION
BEFORE HE WOULD MAKE A RECOMMENDATION TO THE CITY COUNCIL. HE ADDED
THAT MR, GREGG ALSO INDICATED THAT HE WOULD NOTNOW RECOMMEND SOME OF
THE THINGS HE HAS RECOMMENDED BEFORE, BASED ON OUR PROPOSAL NOW FOR
MAKING THE HOSPITAL ALLOCATION. COMMISSIONER LYONS ADVISED MR. GREGG
THAT THIS WAS THE LAST MEETING HE PLANNED TO HAVE ON THE SUBJECT AND
WE WOULD PUT THE AGREEMENT TOGETHER AND SUBMIT IT TO THE VARIOUS
GOVERNING BODIES WITH OR WITHOUT HIS RECOMMENDATION.
m
INTRODucTioN OF ASSISTANT COUNTY ADMINISTRATOR - HAROLD MCCORMICK
ADMINISTRATOR NELSON INTRODUCED MR. MCCORMICK TO THE BOARD
AND ADVISED THAT HE WILL BE WORKING DIRECTLY WITH THE ROAD & BRIDGE
DEPARTMENT AND THE PLANNING DEPARTMENT. HE THEN REFERRED TO THE
SPECIAL COURSE ENTITLED "THE UNIFORM RELOCATION ASSISTANCE AND REAL
PROPERTY ACQUISITION POLICIES ACT OF 1970" WHICH IS A 13 DAY COURSE
THAT THE DOT HAD DEVELOPED, AND RECOMMENDED THAT MR, MCCORMICK ATTEND
THE COURSE.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED OUT -OF -COUNTY TRAVEL FOR HAROLD
MCCORMICK TO A 13 DAY COURSE AT THE BROWARD CAMPUS, FLORIDA ATLANTIC
UNIVERSITY IN FT. LAUDERDALE, COMMENCING SEPTEMBER 15, 1980.
ASSISTANT ADMINISTRATOR MCCORMICK SPOKE BRIEFLY TO THE BOARD
AND WAS LOOKING FORWARD TO THE OPPORTUNITY OF WORKING WITH THE COUNTY.
CURATIVE DEED - ESTATE OF TENNIE LEE BRADLEY
ATTORNEY COLLINS REFERRED TO THE FOLLOWING LETTER EXPLAINING
THE PROBLEM, AND COULD SEE NO REASON WHY THE COUNTY COULD NOT RELEASE
THIS, AND RECOMMENDED THE CHAIRMAN BE AUTHORIZED TO SIGN THE CURATIVE
DEED:
68 aooK PAGE504
SEP 10190
I
SEP 10 1980)
Lawyers' Title Guaranty Fund
The Florida lawyers' organization for guaranteeing tiller to real estate
MAI. AnDacss • F. O. Box 2671 • ORLANDO. FLORIDA 32802
TELEPHONE (305) 843-1200
March 17, 1980 RHT:ss
Mr. John H. Sutherland
Attorney at Law
Post Office Box 100
Vero Beach, Florida 32960
Box 44 PAG(505
AAD OF TRUSTEES
'_LIAM D. LINES
>IRMgN Re: Estate of Tennie Lee Bradley to Edgar L. Schlitt, Trustee
JLGAME, SR. Your File No. 322980
AIRMAN
"CUTIVE COMMITTEE
'ST CIRCUIT Dear John:
:HARD H. MERRITT
4SACOLA
-OND CIRCUIT I am returning herewith Abstracts No. 1792, 1792 Continuation (both
_NCAM D. LINES under same cover) prepared' by St. Lucie Abstract and Title Insurance
RDCIRCUIT Co.; No. 30137 prepared by Indian River County Abstract Co., and No.
'_LIAMJ HALEY
CE CITY 52991 prepared by Abstract and Title Corporation of Florida which were
JR S. IRCUI111 submitted with your letter of February 19. ---
KSONVILLE '
THCIRCUIT You are trying to clear title to Lots 5, 6 and 7, Block 12,_ Original
ARLES A. SAVAGE
>LA Town of Vero, Plat Book 2, page 12, and the problem is that Lot 6 in
T. CIRCUIT that particular block is erroneously numbered 4. This results in there
_LIAM H. WOLFE
A
RWATER being tv;o lots both having the number 4 in that block.
We decided that you would need to clear the interest of Vero Financing
and Improvement Corporation which was the owner of the entire block
prior to a Murphy Deed and that the description should be that Lot
erroneously number.4 lying between Lots 5 and 7 in Block 12, etc. You
were also going to get a quitclaim deed from Mr. and Mrs. Norris, the
owners of the real Lot 4, in case there should be any question as to
which Lot.4 they own. An additional step is to get a quitclaim deed
from the county using this description since there was a county in rem
suit earlier in the chain of title which may have left an outstanding
cloud on the title.
Yours sincerely,
&-P
Robert H. Threadgill
Vice President
Enclosures
s � �
County of Indian River,' " _" :`DEED No . 129
DF ted July 3,
to
Filed July 3, 1945
Deed Book 44 page 129
A. W.
Rohrbach,
Indian River County
Records
Consideration:$2465.00
Under
Chapter 1941
Florida Statutes 1941 Indian River
County, Florida.
Grant,'
-Bargain and
Sell, Heirs and assigns.......
Cert. ,
No.. Date
Description Amount
13447/31/42
Lot I,Block-2,Faircourt Sub. $125.00
2076
.7/31/42-
Lots 5, E Z Block 12,City of
-7/31/j2
Vero Beach 225.00
Pt.2121.
Lot I O,B lock 39/City of.
Vero Beach- 140.00
2165.
7/31/42
Lots 33 & 34 Block 49,City
of Vero Beach 650.00
1818
7/31/42
Lot ll/Block I,Royal Park Sub.300.00
1836
7/31/42
Lot IO/Block 5,Royal Park Sub.375.00
1925
7/31/42•
1926
7/31/42
1927
7/31/42
Lots 32,33,34,BIock 22,Royal Park
Subdivision 650.00
2465.00
Signed: W.C.Graves,Jr.(Seal)
Member Board County Commissioners,
Albert O.Hel seth(.Sea I ) Member Board County Commissioners,
S.E.Glover (Sea I)Member Board County Commissioners
Frank C. Vickers, Seal -Member Board County Commissioners,
R. W. Graves (Sea' I )Member Board CountyCommissioners.
Two witnesses (County Commissioner's Oficial Seal)
Attest: Douglas Baker,Clerk Circuit Court,
Indian River County, Florida.
Acknowledged in Indian River County, Florida on July 3,
1945 by W.C. Graves,Jr., Albert O.Helseth,S.E.Glover,
Frank C. Vickers and R. W.Graves,constituting in the --
aggregate the Board of County Commissioners of Indian
River County,F I orida and Douglas Baker,C I erk of the
Circuit Court in and for Indian River County,Florida,
before Notary Public whose commission expires:Jan 6,1948.
N , P Sea I.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN THE
CURATIVE DEED.
Bou44 FS E 5Qu
SEP 101980 70
SEP 1;01980
0
I
sou 44 PAGE 50 7 a
COUNTY DEED
THIS DEED, made this l ' i4 day of a , 19 80 ,
1 — _ _c` _
t11L`�
by INDIAN RIVER COUNTY, FLORIDA, party of the first part,
and JOHN W. BRADLEY and SAMUEL D. BRADLEY, as Personal Represen-
tatives of the Estate of Tennis Lee Bradley, heceased,
whose post office address is 1426 48th Court, Vero Beach,
Florida 32960, of the County of Indian River, State of Florida,
parties of the second part,
WITNESSETH, that the said party of the first part, for
and in consideration of the sum of Ten Dollars ($10.00) to it in
hand paid by the parties of the second part, receipt whereof is
hereby acknowledged, has granted, bargained and sold to the
parties of the second part, their heirs and assigns forever, the
i following land lying and being in Indian River County, Florida:
That lot erroneously numbered "4" lying between Lots 5 arid 7,
Block 12, ORIGINAL TOWN OF VERO, according to the plat filed in
the Office of the Clerk of the Circuit Court of St. Lucie County,
Florida, in Plat Book 2, Page 12; said land now lying and being
in Indian River County, Florida.
IN WITNESS WHEREOF, the said party of the first part has
caused these presents to be executed in its name by its Board of
County Commissioners acting by the Chairman or Vice Chairman of
said board, the day and year aforesaid.
(Seal)
FREDA WRIGHT
Clerk of the Circuit Court
Indian River County, Florida
r
By:D. ut_y Clerk—1
ine
BOARD OF COUNTY COM11ISSI HERS
By:
I' /r i.
,,d (,lta i ratan
Prepared By: Fred T. Gallagher of
VOCELLE & GALLAGHER
P. 0. Box 1900
Vero Beach, Florida 32960
OPPOSING BUDGETARY PROCEDURE FOR PROPERTY APPRAISERS OFFICE -
RESOLUTION 80-90
CHAIRMAN SIEBERT REFERRED TO THE FOLLOWING LETTER RECEIVED
FROM THE COUNTY COMMISSION CHAIRMAN OF COLUMBIA COUNTY:
District No. 1 - Sandy P. Register
District No, 2 - Jim Martin c.
District No. 3 - Wayne Nettles
District No. 4 - Aldine Feagle (.•,
District No. 5 - James Montgomery 11! : • '?
vt
^'a'�os- Ldef'[i ��, Y;_..���4», :A.i,i2�."`3b�6aeiaSd4a+e• 2 �.s`.+s�:w,nz 5+�aaAAiJl+�dl..ssv.;<u�.�.�a: a .sb,3. ^' .�'`�'•
BOARD OF COUNTY COMMISSIONERS,. .® COI-WMBIA COUNTY
September 5, 1980
Re: Resolution Opposing Budgetary Procedure
for Property Appraiser's Office
Section 195.087 - Florida Statutes
Dear County Commission Chairman:
The Columbia County Board of County Commissioners, in regular
session, September 2, 1980, adopted the enclosed Resolution,
requesting the State Legislature to revamp the current budge-
tary process of the Property Appraiser's Office. This Board
firmly believes that immediate changes should.be made by the
Legislature regarding this issue.
If your countCy has already adopted'such a resolution, we appre-
ciate it. I_ -not, we are requesting that you consider support-
ing our by a -:opting one similar to ours.
Your concern and support will be appreciated.
Sincerel-,
COLL':3Iz_ OiT:- EOARD
COUNTY &-,: iI S S I OVERS
Sandy P. Register
Its Chairman .
SPR: vg:-,,
Enclosure
THE BOARD DISCUSSED THE SAMPLE RESOLUTION AND COMMISSIONER
LOY RECOMMENDED THAT ATTORNEY COLLINS PREPARE THE RESOLUTION WITH
THE APPROPRIATE WORDING.
SEP x.01980
72 POOK 4 F'AGf 508
SEP 10 1980 BOOK -44 PAGE 5®9
ATTORNEY COLLINS EXPLAINED THAT RIGHT NOW THE COUNTY HAS
ALMOST NO CONTROL OF THE BUDGET OF THE PROPERTY APPRAISER.
DISCUSSION FOLLOWED.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-90 OPPOSING THE
BUDGETARY PROCEDURE FOR THE PROPERTY APPRAISER'S OFFICE, AND THAT THE
BUDGETARY CONTROL BE RETURNED TO THE COUNTY GOVERNMENT.
THE RESOLUTION WILL BE MADE A PART OF THE MINUTES WHEN
COMPLETED..
73
E-911 EMERGENCY TELEPHONE SERVICE
THE BOARD DISCUSSED THE LETTER OF AGREEMENT WITH SOUTHERN
BELL TELEPHONE & TELEGRAPH COMPANY REQUESTING THE E-911 EMERGENCY
TELEPHONE SERVICE.
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS-
SIONER DEESON, THAT THE CHAIRMAN BE AUTHORIZED TO SIGN THE LETTER OF
AGREEMENT WITH SOUTHERN BELL FOR THE E-911 EMERGENCY TELEPHONE
SERVICE.
BEVERLY J. HALL, ACCOUNT EXECUTIVE WITH SOUTHERN BELL,
APPROACHED THE BOARD AND EXPLAINED SEVERAL POINTS IN THE LETTER OF
AGREEMENT. SHE CONTINUED THAT ONCE THE LETTER IS SIGNED BY THE
CHAIRMAN, THEY ESTABLISH A 911 COMMITTEE, GET A LIST OF ALL THE
STREETS IN INDIAN RIVER COUNTY, AND MOVE FORWARD TO CREATE A DATA
BASE, MS. HALL ADVISED THAT THERE IS A COMMITMENT ON BOTH SIDES
THEY ESTABLISH THE COMMITTEE, AND THE BOARD ASSIGNS SOMEONE TO WORK
WITH THEM.
COMMISSIONER LOY ASKED WHAT WOULD HAPPEN IMMEDIATELY IF
THE LETTER WAS SIGNED TODAY.
MS. HALL ADVISED THAT SINCE THERE IS A 30 DAY CANCELLATION
CLAUSE, SOUTHERN BELL WOULD START FROM THAT DATE FORWARD, AND WITHIN
45 DAYS WOULD START ESTABLISHING A COMMITTEE.
COMMISSIONER LOY ASKED IF THE ESTABLISHMENT FEE IS A ONE
TIME FEE, AND MS. HALL RESPONDED AFFIRMATIVELY.
MS. HALL ADVISED THAT THE COUNTY HAS COMPLETE CONTROL FOR
ADDITIONS OR DELETIONS THEY WISH TO MAKE IN THE SYSTEM. SHE FELT
THERE WILL BE GREAT CITIZEN PARTICIPATION IN THIS COUNTY BECAUSE OF
THE MANY VOLUNTEERS.
COMMISSIONER LOY ASKED THE ATTORNEY IF HE HAD ANY INFORMATION
AS TO THE POSSIBILITY OF FUNDING THIS OTHER THAN BY AD VALOREM TAXES.
ATTORNEY COLLINS ADVISED THAT THEY ARE COORDINATING THEIR
EFFORTS WITH BREVARD COUNTY IN REGARDS TO THE PUBLIC SERVICE COMMISSION
BUT THERE IS NO IMMEDIATE ALTERNATE AVAILABLE AT THIS POINT. HE
STATED
THAT ATTORNEY
SOVIERO HAS TALKED TO THE
COUNTY ATTORNEY
IN
SEP 101980
74
Boaz 44
PAGE 510
it
SEP x.01980
BOOK 44 PAGE 511
BREVARD COUNTY�AND THEY DETERMINED THIS WOULD NEED TO BE DONE BY A
SPECIAL ACT OF LEGISLATURE.
CHAIRMAN SIEBERT ASKED IF THE ATTORNEY COULD FIND OUT HOW
BREVARD COUNTY ESTABLISHED THEIR ASSESSMENT ON THE LANDFILL, AND
IF THERE WAS AN OPPORTUNITY FOR US TO DO THE SAME - ATTORNEY COLLINS
STATED THAT HE WOULD FOLLOW THROUGH WITH THE MATTER.
DISCUSSION FOLLOWED ALONG THOSE LINES, AND IT WAS NOTED
THAT R. DALE PATCHETT WOULD TRY TO HELP THE BOARD FIND A WAY FOR
FUNDING, POSSIBLY BY INTRODUCING LOCAL LEGISLATION.
COMMISSIONER LYONS COMMENTED THAT THE BOARD IS TRYING TO
FIND THE FAIREST WAY TO FUND THIS PROJECT, BECAUSE THE PEOPLE IN
THE COUNTY WANT IT ONE WAY OR ANOTHER, BUT WE CANNOT GET STARTED
UNTIL THE AGREEMENT IS SIGNED.
CHAIRMAN SIEBERT CALLED FOR THE QUESTION. IT WAS VOTED ON
AND PASSED UNANIMOUSLY.
75
September 10, 1980
Beverly J. Hall
Account Executive
Southern Bell Telephone and
Telegraph Company
423 Fern Street
West Palm Beach, Florida 33402
Dear Mrs. Hall:
M
Please accept this letter as our request and order for
Southern Bell Telephone & Telegraph Company ("Southern Bell"
or the "Company") to proceed with the implementation of the
Enhanced 911 Emergency Service System for Indian River County,
Florida (the "County"). 'Ihis order , which authorizes you
to proceed with the installation of the system, is based
on our understanding that:
1. System Charges
The County understands that service will be provided
subject to the terms and conditions specified in
applicable tariffs of Southern Bell on file with the
Florida Public Service Commission and any valid amend-
ments thereto.
See•Exhibit A hereto for a more particular statement of
System Charges.
11. Scope of Work
It is the intention of Southern Bell and the County to
implement an Enhanced 911 Errergency System. Such System
will provide use of the exchange nett-7ork at no charge
to the caller, will provide facilities �Athi_n the r_etuor'.,-
AnsWeringyPoi_nt� (PSAP) , and the ability to+transfer calls
from a primary PSAP to the proper agency (police, fire,
etc.) or to a secondary PSAP. The E911 System covered
hereby is more particularly described in Paragraph VI'
below.
111. Billing Procedures
It is understood and agreed that billing will begin at
the time the system is operational and turned over to
the County and that the billing procedures shall be as
set forth in the Company's applicable tarriffs.
SEP 101980
BOOK 44 FAGS 51z
SEP 101980
9D0lE -44 FI CE 51 J
IV. Provision of Service
Selection of the appropriate service to serve the County
Will be made mutually by the Company and the County and
will be based on a thorough analysis of the County's
needs at each location and on availability of facilities
in each area. E911 service is provided by the Company
only where facility and operating conditions permit.
Should an E911 Data Base be required, a service date
shall be established which shall be not earlier than
24 months from acceptance of this order by Southern Bell
but not earlier than 12 months after receipt of an accep-
table Data Base, whichever occurs later.
V. Data Base Creation
A. The provision of raw data for Data Base Creation
for the County's E911 system shall be as specified
in Exhibit B. Included are (A) Data Base Creation,
(B) Site Preparation, (C) Division of Responsibilities,
and (D) Outline of functions and their relevant time
frames.
B. Experimental Geographic Area Data
The County agrees to furnish to the Company, within
9 months after the date of the parties' mutual
acceptance of this letter, an experimental file of
geographic areas covering as many PSAP's as possible,
both major and secondary.
VI. Systems Features
The -features of the particular E911 system to be purchased
by the County shall include only those features generally
described in section A24 of the Company's applicable
tariffs as listed in Exhibit C hereof.
VII. Special Requirements
The County specifically and expressly agrees as follows:
1. That at least one PSAP will be provided and staffed
on a 24-hour, seven days -per -week basis.
2. That the County accepts responsibility for dispatching,
or having others dispatch police, fire, ambulance
or other emergency services as required, to the
extent as such services are reasonably available.
_I
3. That the County will develop an appropriate method
of responding to calls for nonparticipating agencies
which may be directed to the E911 PSAP by calling
parties.
4. That the County will subscribe to, or provide,
telephone equipment with a capacity adequate to
handle the number of incoming E911 lines recommended
by the Company to be installed.
L�
5. That the E911 emergency number is not intended to
replace the telephone service of the various public
safety agencies which may participate in the use of
this number. The County shall subscribe for necessary
local exchange service at the PSAP's for administrative
purposes for placing of outgoing calls and for receiv-
ing other emergency calls, including any which might
be relayed by Company operators.
VIII. Access to User'Facilities
Southern Bell shall, at any reasonable time, be provided
access by the County and by all PSAP's to the Premises
where the facilities are.located for purposes of instal-
lation, inspection, testing, repairing or removing the
equipment and facilities used in furnishing the E911
service.
IX. Unauthorized Use of System
It is understood and agreed that ANI and ALI information
pertaining to incoming E911 calls is to be used solely
for the purpose of answering, handling and responding to
emergency calls in a manner consistent with the nature of
the emergency. -
X. Liability and Indemnity
County and any indemnity obligations in connection there-
with shall be limited to that stated in the Company's
applicable tariffs.
XI. System Modification
Additions or deletions to the master E911 System will not
be made except upon the prior written consent of the
County's Board of County Commissioners and/or their
delegate.
SEP 101980
9oOK 44 PAuE 514
SEP x.01990
XII. Grade of Service
BOOK 44 PAGE 515
It will be the intent of the Company to provide facilities
designed to provide a call blocking probability of one
call per hundred during normal busy hours for 911 Service.
XIII. Maintenance
A. Maintenance will be provided as stated in the
Company's General Service Subscriber Tariff
and any valid arendments thereto.
B. In the event a call process failure occurs in
which a particular call cannot be routed to its
normal PSAP, routing safeguards will exist in the
system which will assign the call to a previously
designated default PSAP. Means will also be provided
to make routine system and transmission checks
frau the Central Office. Check features will be
designed into the system to provide alarm indications
if a major central office failure occurs, at no
extra charge.
XIV. Training
Complete user training will be provided by Southern
Bell. f
XV. Management Reports
A. Available Management Reports will be provided to the
County's E911 Project Director upon request.
B. Data Base report scheduling will be resolved by
mutual agreement.
XVI. Termination for Convenience, Default or Funding
shall be an express condition to any request by rj:e
County for service and facilities or request for add-
itions, rearrangements, relocations or modifications of
service and equipment, that the County understands and
expressly agrees that if the application is cancelled
in whole or in part, prior to completion of the work
involved, the County shall reimburse Southern Bell for
all expenses included in handling the request before
notice of cancellation is received. Such charges,
however, shall not exceed all charges which would apply
W W W
if the work involved in complying with the request have
been completed. Such costs shall be determined based
upon applicable tariffs. The County has the option to
cancel this request within 30 calendar days of the date
of this letter at not cost to the County.
XVII. Acceptance
The County, in good faith, asks Southern Bell to accept
this letter as an order to implement Enhanced 911
service. However, the County will reserve the right to
cancel the requested service at no cost to the County
within 30 calendar days from the date of this letter,
if Southern Bell has not responded in writing within the
same 30 days, accepting or rejecting this letter. If
further information is r fired, please contact.
airman, oar of 01�fity Commissioners ,
Indian River County, Fla.
Attest; p�
Freda Wright, Clerk
Southern Bell Telephone and Telegraph Company acknowledges
receipt of the above letter, with attachments, constituting
a request and order from Indian River County, Florida for
Southern -Bel to proceed with implementation of Enhanced 911
Service for the said County. This does not constitute final
acceptance of the above.
Marketing Manager
and Telegraph Company
SEP 101980
isto uard T_TTe
-I
SEP 101980
EXHIBIT A
A. System Charges
BOOK 44PAuE 51 1
Enhanced 911 (E-911) rates are based on the number of main stations
in the E-911 service area.
The following rates arc based on the projected rnunber of main stations,
39,272 Southern Bell forecasts this to be the number of main stations
to be in service in 1983. Since the rates depend on the number of
main stations in service, the actual price will vary based on the actual
number of main stations in service when the system is operational.
Prices include the ability for Indian River County to have Selective
Routing (SR), Automatic Number Identification (ANI), and Automatic
IDcation Identification (ALI).
Annual Service Establishment
ANI, ALI, SR $48,960.00 $66,400.00
Public Safety Answering Points
Indian River Sheriffs Office
4 - ANI Displays
4 - ALI Displays
5 - 911 Trunks
1 - Printer
Total $18,240.00 $27,048.00
Vero ]leach
3 - ANI Displays
3 - ALI Displays
4 - 911 Trunks
1 - Printer
Total $17,232.00 $26,571.00
EXHIBIT B
A. Within 1 month after acceptance of the letter of intent by both Indian
River County and Southern Bell Telephone Company, Southern Bell shall
furnish to Tndian River. ('.aunty a street address guide based on tele-
phone locations in 7ndi an River County.
Within 5 months after the receipt of this list, but no later than 6
months, from the acceptance of the letter of intent by both Indian
River County and Southern Bell Telephone Company, Indian River County
shall furnish to Southern Bell a complete list of every Street, Avenue,
Drive, etc., within Indian River County. This list is to be in alpha
M ® M
and/or numeric format. Included with the street guide should be a
master abbreviation guide. This guide will ensure that any abbrev-
iation used by Southern Bell is in agreement with Indian River County's
format. It should be understood that the spelling and/or abbreviations
used by Indian River County will be the exact spelling and abbreviations
used. by Southern Bell to create the data base. This information must be
provided in hard copy and Mag Tape format.
Indian River County will then have 6 months to (1) add the community
to every street and number range, (2) provide the emergency service
number (ESN) to every street and number range. Indian River County
will then give this data to Southern Bell.
Southern Bell will have 3 months to input all data accumulated into
it's data base and print a master street address guide. At the end
of this time fram the guide will be returned to Indian River County
for their concurrence. Indian River County will then have 3 months
to validate Southern Bells' Master Street Address Guide (MSAG). After
this guide has been validated, Southern Bell and Indian River County
will test the entire E-911 system for 6 months. After testing, cutover
will occur.
Indian River County agrees to furnish to Southern Bell, from time to
time, any updated geographical information. It is understood that
the time required by Southern Bell for updating the Data Base will
depend upon the nature and extent of the required updating. Major
changes, such as realignment of PSAP boundaries, street name changes,
new street additions for annexations, will require a 30 -day minimum
interval. The definition of such geographic areas, and maintenance
of updating such information, shall be the sole responsibility of
Indian River County.
Southern Bell will install and maintain the E-911 system as outlined
in this proposal. The proposed interval for provision of Expanded
911 (E-911) service is twenty-four (24) months from acceptance of an
order if Indian River County meets their responsibilities as stated
herein.
B. Requirements for PSAP equipment location, and associated facilities
will be provided to Indian River County by Southern Bell eight (8)
months before installation. Indian River County will be responsible
to meet these recruiremelnts sL- (6) mon-ths before installation. Such
ments, ilcor space require-ments, ccncC iit requi- Tients, -.-a:k-. - ru
requirements.
Any delay by Indian River County in meting the aforementioned dates
may cause a corresponding delay in the completion date of the E-911
system.
SEP 101980
WO pm F 518
I
SEP 101900
C. DIVISION OF RESPONSIBILITIES
DATA MANAGEMENT SYSTEM
BOOK -44 PAGE 519
The effort required for development and deployment of the E-911 data
management system logically divides into the following two areas:
Cl. SOUS BELL FUNCTIONS
C2.
Southern Bell Functions
Indian River County Functions
-Select the E-911 features to be implemented:
Automatic Number Identification (ANI) only, Selective Routing (SR)
with Automatic Irocation Identification (ALI), ANI and ALI, etc.
-Select the source for the initial load of the E-911 data base,
utilizing current centrally developed systems which will be available
to Southern Bell.
-Identify the source for or develop a master street address file,
abbreviation file and a master street address ledger.
-Obtain from the customer, customer Selective Routing (SR) data and
input to the translation process.
-Define, design and develop software and procedures to select E-911
data base. This data must be provided in a format compatible with
the Western Electric supplied retrieval system. It will also need to
be standardized, validated and translated prior to use.
-Create an operations unit to manage the data for the E-911 system.
This group will manage all interfaces (Interdepartmental, Intersystem,
Customer, etc.) as well as manage data input error control and on-
going system operation. As number changes, address changes, and new
connects occur, this unit is responsible for the timely and accurate
inclusion of this data into the E-911 system after proper screening.
-Provide centralized capability for initial processing of telephone
company/custoner data to efficiently produce an E-911 data base which
will then be loaded onto the E-911 retrieval/data management computers.
-Provide all computer programs to enable the E-911 computers to perform
the E-911 data management functions. Once the initial data base has
been created and loaded into the E-911 computers all maintenance of
the data base will be done on the E-911 computers.
INDIAN 'RIVER COUNTY FUNCTIONS
-Define e.e criteria for assigning the selective routing code: street
-Work with the operating telephone conpaiues to initially assi: r. t e
selective routing codes to the master street address ledger and provide
for subsequent update of changed information.
D. DATA BASE TIME CHART
Months
0 3
6 12
15 18 24
Street
Street
Prepare Input
Validate Test Cutover
Addresses
Addresses
ESN's ESN Data
Master
to
Corrected
Prepare
Street
Indian
and
Master
Address
River
Returned
Street
Guide
County
to
Address
Southern
Guide
Bell
Responsible Parties
Southern Indian Indian Southern Indian Southern Bell and
Bell River River Bell River Indian River
County County County County
SEP 101980
eoaK 44 PA -UF 590
L J
I
SEP 101980 eooK 44 FACE 521
EXHIBIT C
A. System Features
1. Alternate Routing (AR)
2. Automatic Location Identification (ALI)
3. Automatic Number Identification (ANI)
4. Default Routing (DR)
5. Fixed Transfer
6. Forced Disconnect
7. Manual Transfer
B. Selective Routing (SR)
9. Selective Transfer
COUNTY PARK LOCATED IN GROVENOR ESTATES
THE BOARD DISCUSSED THE PROBLEM OF NOISE AND VANDALISM
AT THE COUNTY PARK IN GROVENOR ESTATES, AS EXPLAINED IN THE FOLLOWING
MEMORANDUMS:
August 26, 1080
TO: NEIL NELSON, Assistant County Administrator
FROM: BILL COOK, mark Supervisor
SUBJECT: Noise, vandalism and rowdyism around the County owned
lake in Grovenor Estates.
GENERAL: The lake and park occupy five acres -at the inter-
section of 10th Street SW and 33rd Avenue.
Private homes are located on the south shore within
75 feet of the water's edge and one house is only 65
feet from the water. The septic tank is located between
the house and water.
The east shore also has homes located 125 feet from
the lake.
The north shore has a sandy beach and small parking
area created by the park property and the 10th Street
"right of way".
The west shore has a grass area created by park land
and the 33rd Avenue "right of way". Homes are built
on the west side of 33rd Avenue.
The road and bridge department currently "picks up"
the trash weekly and cuts the grass on occasion.
.The neighborhood homes are well maintained and
occupied by upper middle income permanent residents.
PROBLEM: People from otztsi de th e is maedi ate area use the west
e ��,i� ����� �.v v_. .r ._T..:i
the north shore for beer parties etc., and swim in�the �lake.
Their behavior is reported to be rowdy, loud and profane.
This is reported to occur during evening, night, early
morning, as well as during daylight hours.
Another group is reported to use the lake for the
operation of small remote controlled, loud gas powered
boats.
SEP 101990
:.
my ' 44 PACE522:
r
IITVESTIGATICN: August 25, 1Q80 I personally inspected the park.
��pp
'.•Thile there I spoke with a group of neign%orho 4 PAuE523
SEP 101960 youths, then visited the home of Mr. Odgen Merrill
(the author of the letter to Chairman Siebert) and
the home of Mr. Russell Hockman. Both the Merrills
and the Hockmans live around the lake.
The youths confirmed Mr. Merrill's description
of the happenings, plus added a story about someone
water skiing on this 4 acre pond.
Mr. Merrill was away on business, but.Mr. Merrill
confirmed the activities at the lake. She also stated,.
that "Things have been much quiter since the County-
posted a "swimming not authorized, by order of the
Board of County Commissioners" aign and the increased
surveillance of the lake area by the Sheriff's Dept."
Mr. and Mrs. Hockman, when interviewed at their
home also confirmed the above.
SUGGESTIONS:
1. The lake currently does not have a State Hermit
as a "natural public bathing place."
To obtain and maintain such a permit would be
extremely costly for such a limited size facility.
It would be of dubvious benefit to the neighborhood
and other County taxpayers.
(State requirements for this type permit attached)
2. Posting signs citing IRC Ordinance 79-22 should
discourage the "beer parties" and encourage the
Sheriff's Department to disperse these groups and
enforce the law.
3. An ordinance banning the operation of any fossil
fueled device or vessel in lakes of under 20 acre size
owned by the county would eliminate the boating problem
here and at other parks.
4. "No Parking" signs posted along the west shore
(33rd Avenue) would allow the Sheriff's Department
to keep that area clear.
5. With "No swimming authorized", "No Al4ol Allowed",
and "No fossil powered boats allowed in the lake",
there will be no need to be concerned about cars
parking on the beach at the north end, and no need for
a streetlight, since there will be no one there, save
for an occasional fisherman.
6. There presently is no law preventing a horse from
being in a non swim permitted lake, provided the
owner holds onto the reins. If however he lets go,
the horse can be impounded by the Sheriff's Dept.
under IRC Ordinance 77-41.
7• .A request to the Sheriff's Department by the Board,
to enforce the existing ordinance 79-22 and the
suggested ordinance dealing with boats, especially
during evening and weekend hours should be considered.
- ® Bill Cook, Park Super
I
8-27-80
Mr. Merrill telephoned just as I completed this report.
We discussed the situation and the suggestions I have
made. -
He
ade. -He did not completely agree with me, but is willing
to see how they work, provided they are accepted by the
board.
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SEP 101980. ,R'O
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MEMORANDUM: BOOK - 44 PAGE 525
SEP 101980
TO: Board of County Commissioners
FROM: Pat Lyons
DATE: September 3, 1980
I concur with Mr. Cook's suggestions except:
#3 - Limit to this lake
#5 Change "fossil powered" to "motor driven". Also
no swimming "authorized" is different than."permitted".
There will be users of lake.
PBL: of
COMMISSIONER LYONS RECOMMENDED THAT THE BOARD FOLLOW MR.
COOKS RECOMMENDATION, AND HIS OWN SUGGESTIONS MENTIONED IN HIS MEMO
OF SEPTEMBER 3, 1980 BUT CHANGE THE PHRASE "MOTOR DRIVEN" TO READ
"ENGINE DRIVEN."
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ACCEPTED THE RECOMMENDATIONS IN THE MEMOS
OF AUGUST 26, 1980 AND SEPTEMBER 3, 19801 CHANGING "MOTOR DRIVEN"
TO READ "ENGINE DRIVEN."
APPOINTMENT TO SOUTH COUNTY FIRE DISTRICT ADVISORY COMMITTEE_
CHAIRMAN SIEBERT COMMENTED THAT THE BOARD CAN RECEIVE
APPLICATIONS OR ASK THE BOARD TO COME UP WITH A RECOMMENDATION. THE
CHAIRMAN AND THE VICE CHAIRMAN FROM THE COUNTY WOULD BE THE TWO
COMMISSION REPRESENTATIVES.
COMMISSIONER LOY FELT IT WAS IMPORTANT THAT A MEETING BE
HELD AS SOON AS POSSIBLE IN ORDER TO BE ABLE TO MAKE RECOMMENDATIONS
TO THE BOARD BEFORE THE BUDGET HEARINGS.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE TWO COMMISSION REPRESENTATIVES
ON THE ADVISORY COMMITTEE TO SELECT THE THIRD MEMBER, REPRESENTING
THE UNINCORPORATED AREA.
CHAIRMAN SIEBERT ANNOUNCED THAT HE WOULD FORMALLY ASK THE
CITY OF VERO BEACH TO COME UP WITH THEIR REPRESENTATIVE SO THAT A
MEETING CAN BE CALLED.
THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT
12:05 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 1:45 O'CLOCK P.M.
WITH THE SAME MEMBERS PRESENT.
DEPUTY CLERK VIRGINIA HARGREAVES TOOK OVER FOR DEPUTY CLERK
JANICE CALDWELL FOR THE REMAINDER OF THE MEETING.
DISCUSSION RE MORATORIUM ON FURTHER REZONING REQUESTS AND EXTENSION
OF COMPLETION DATE FOR COMPREHENSIVE LAND USE PLAN AS REQUESTED BY
VERO BEACH CIVIC ASSOCIATION
NORMAN BADENHOP, PRESIDENT OF THE VERO BEACH CIVIC ASSOCIA—
TION CAME BEFORE THE BOARD IN REGARD TO THEIR REQUEST FOR A MORATORIUM
ON REZONING AND EXTENSION OF THE COMPLETION DATE FOR THE COMPREHENSIVE
LAND USE PLAN AND READ ALOUD THE FOLLOWING DATA SUPPORTING THEIR
REQUEST:
SUPPORTIVE DATA RELATING TO REASONS FOR THE IMPOSITION OF A REZONING MORATORIUM
AND THE EXTENSION OF THE TIME FRAME FOR ADOPTION OF THE INDIAN RIVER COUNTY
COMPREHENSIVE MASTER LAND USE PLAN.
The Vero Beach Civic Association, hereinafter referred to as the Association,
hereby urges and requests the Indian River County Commission to institute a
moratorium upon the consideration of all land rezoning applications until after
the completion and adoption of the County's Comprehensive Master Land Use Plan.
The Association also further urges and requests the extension of the time period
for completion and adoption of the above land use plan from November 1, 1980 to
at least April 1, 1981. The reasons for these requests are as follows:
The Association has monitored all workshop and regular meetings of the
Indian River County Planning and Zoning Commission it had knowledge of, which
involved consideration of input from the County planning staff relating to
the development of the Comprehensive Master Land Use Plan. It was noted that
during this period, time had to be given to consider and act upon rezoning
applications. These interruptions in the important work of shaping the future
direction of the County's land use appeared only to place undue disruptive
pressure upon the Planning and Zoning Commission as well as the planning staff.
The continuity of the prime effort at hand was broken. Contradictions and
confusion were added to muddy the picture not to mention the valuable loss
of time.
No doubt there will always be rezoning applications. However, it would
seem much more logical to consider the same in the light of an enlightened
and realistic master plan adopted by representatives of public, the County
Commission, predicated upon the exhaustive study of all pertinent supportive
material as well as the weighing of the expressed desires of the community's
citizens through public hearings.
SEP 101980
90 BOOK 44 PAGE 526
•
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SUPPORTIVE DATA RELATING TO REASONS FOR THE IMPOSITION OF A REZONING MORATORIUM
AND THE EXTENSION OF THE TIME FRAME FOR ADOPTION OF THE INDIAN RIVER COUNTY
COMPREHENSIVE MASTER LAND USE PLAN.
The Vero Beach Civic Association, hereinafter referred to as the Association,
hereby urges and requests the Indian River County Commission to institute a
moratorium upon the consideration of all land rezoning applications until after
the completion and adoption of the County's Comprehensive Master Land Use Plan.
The Association also further urges and requests the extension of the time period
for completion and adoption of the above land use plan from November 1, 1980 to
at least April 1, 1981. The reasons for these requests are as follows:
The Association has monitored all workshop and regular meetings of the
Indian River County Planning and Zoning Commission it had knowledge of, which
involved consideration of input from the County planning staff relating to
the development of the Comprehensive Master Land Use Plan. It was noted that
during this period, time had to be given to consider and act upon rezoning
applications. These interruptions in the important work of shaping the future
direction of the County's land use appeared only to place undue disruptive
pressure upon the Planning and Zoning Commission as well as the planning staff.
The continuity of the prime effort at hand was broken. Contradictions and
confusion were added to muddy the picture not to mention the valuable loss
of time.
No doubt there will always be rezoning applications. However, it would
seem much more logical to consider the same in the light of an enlightened
and realistic master plan adopted by representatives of public, the County
Commission, predicated upon the exhaustive study of all pertinent supportive
material as well as the weighing of the expressed desires of the community's
citizens through public hearings.
SEP 101980
90 BOOK 44 PAGE 526
SEP 10 1980 BOOK 44 PAGE 527
The satisfying of the above requirements in the most efficient manner
does not appear to be possible in the time allotted namely, completion of
the Comprehensive Master Land Use Plan by November 1, 1980. When one considers
the unique topographical characteristics of Indian River County, it becomes
necessary to c7t"eT `Y C.
ultimate propitious utilization of the land. To combine a proper mixture of
living, working and recreational space with adequate provision for the most
efficient and cost effective potable water supply, sewage. treatment, solid
waste disposal and drainage systems, requires more study than is possible with
the present pace of progress. Public hearings, required by law, must also be
included in the accelerated schedule along with other legal requirements.
Once the work of the planning staff is completed, we understand the law
requires a review by various State agencies, namely, the Department of Com-
munity Affairs, the Department of Environmental Regulation, the'Department of
Natural Resources and the Department of Transportation.
Any objections on the part of the above must be made part of
the public.record even though the local government does not have to
satisfy these objections. The review time allowed by law is sixty (60)
days.
The question was asked of Planning and Zoning Director, David
Rever whether he would consider it advisable to be allowed more time to
complete the Comprehensive Master Land Use Plan without the interruptions
of rezoning considerations. His reply was "Yes, it would provide for a
more efficient work schedule and a smoother less confusing effort with
lower pressure for the Planning and Zoning Commission."
The Vero Beach Civic Association respectfully submits the
above for your consideration and hopefully appropriate action as
indicated.
VERO BEACH CIVIC ASSOCIATION
Norman Badenhop
NB:jce President
MR. BADENHOP POINTED OUT THAT MANY OF THE PUBLIC HEARINGS
WERE HELD DURING THE SUMMERTIME WHEN RESIDENTS WERE NOT IN TOWN. HE
EMPHASIZED THAT THEY DO NOT WANT THE OVERDEVELOPED CONDITIONS PREVAILING
IN THE AREAS SOUTH OF PALM BEACH TO MOVE NORTH INTO THIS COUNTY AND
FELT IT IS THE EMPHASIS ON LOW DENSITIES AND THE RESULTANT UNPRESSURED
ATMOSPHERE WHICH LURES NEW RESIDENTS TO THIS AREA. MR. BADENHOP NOTED
THAT CAUTION ALWAYS HAS BEEN THE KEYNOTE IN THE PAST, AND THAT IS
WHY IT IS SO DIFFICULT TO UNDERSTAND THE RUSH NOW TO ADOPT A PLAN
WHICH WILL AFFECT SO MANY LIVES FOR SO MANY YEARS TO COME. HE FELT
THAT NOT ONLY HAVE THE COUNTY PLANNERS NOT HAD SUFFICIENT TIME ON
SITE IN INDIAN RIVER COUNTY TO LEARN WHAT ITS VARIOUS INCOME GROUPS
91
WANT TO PRESERVE AS A LIFESTYLE, BUT THE CITIZENS WANT THE RIGHT
OF SELF-DETERMINATION. MR. BADENHOP INFORMED THE BOARD THAT IN
PETALUMA, CALIFORNIA, THEY ESTABLISHED A BUILDING CAP ON THE NUMBER
OF BUILDINGS THAT COULD BE BUILT IN A YEAR, AND IT WAS UPHELD BY THE
COURTS. HE ENTREATED THE BOARD NOT TO "ACT IN HASTE AND REPENT AT
LEISURE,It AND NOTED THAT THE PELICAN ISLAND AUDUBON SOCIETY JOINS
THEM IN THIS REQUEST AND MAYOR PROLAN OF INDIAN RIVER SHORES -ALSO
SUPPORTS IT.
HEPBURN WALKER, RESIDENT OF THE SOUTH BEACH AREA, STATED
THAT ALTHOUGH HE IS NOT A MEMBER OF THE CIVIC ASSOCIATION, HE DOES
AGREE WITH WHAT THEY ARE REQUESTING; HOWEVER, HE, MORE REALISTICALLY,
WOULD ASK THAT A MORATORIUM BE DECLARED ON THE BEACH AREA ONLY.
JOHN MORRISON, RESIDENT OF THE TOWN OF INDIAN RIVER SHORES,
EXPRESSED HIS APPRECIATION FOR ALL THE YEARS OF HARD WORK THE BOARD
MEMBERS HAVE PUT IN ON THIS PLAN, AND HE BELIEVED THE IMPORTANT
DECISIONS WHICH THEY HAVE MADE, HAVE BEEN DONE DELIBERATELY AND CARE-
FULLY. HE CONTINUED THAT HE HAS BEEN ATTENDING RECENT WORKSHOPS ON
THE COMPREHENSIVE PLAN, HOWEVER, AND HE BELIEVES THERE NOW ARE ASPECTS
OF THE PLAN THAT ARE DIAMETRICALLY OPPOSED TO WHAT THE BOARD WISHES
TO SEE TRANSPIRE IN THIS COUNTY, ESPECIALLY RELATING TO THE ISSUE OF
DENSITY, MR. MORRISON FELT THIS PARTICULAR ISSUE IS SO FAR AFIELD
FROM WHAT THE PEOPLE IN THE COMMUNITY WANT THAT IT WILL BE HIGHLY
CONTROVERSIAL IF IT IS IMPLEMENTED IN THE SHORT PERIOD OF TIME THAT
HAS BEEN DISCUSSED, AND HE, THEREFORE, URGED THAT THE BOARD GIVE THIS
MORE TIME BECAUSE HE FORESAW A LARGE BATTLE COMING IF THE PLAN IS
SET IN CONCRETE AS IT NOW EXISTS.
CHAIRMAN SIEBERT INFORMED THOSE PRESENT THAT THE EXTENSION
OF THE DEADLINE FOR COMPLETION OF THE LAND USE PLAN WAS ADDRESSED AT
THE RECENT JOINT MEETING WITH THE PLANNING & ZONING COMMISSION. THE
ORIGINAL DEADLINE OF NOVEMBER 1ST WAS UNOFFICIALLY GIVEN THE PLANNING
DEPARTMENT AT A PREVIOUS MEETING. AT THE LAST MEETING, THAT DEAD-
LINE WAS UNOFFICIALLY LIFTED, AND HE FELT THERE WAS AN EXPRESSION OF
92
SEP 101980
BOOK 44 PAGE 528
SEP 101980
-I
BOOK - 4 pn'E 527
THE COMMISSION THAT THE SECOND ITEM REQUESTED BY THE CIVIC ASSOCIATION,
OR EXTENSION OF THE COMPLETION DATE OF THE COMPREHENSIVE MASTER
LAND USE PLAN TO APRIL 1, 1981, WAS CONSIDERED AND GRANTED.
MR. BADENHOP STATED THAT IT WAS REPORTED ON THE RADIO THAT
THE BOARD HAD AGREED TO EXTEND THE DATE, BUT IN TALKING WITH VARIOUS
PEOPLE ATTENDING THE MEETING, IT WASN'T CLEAR, AND HE ASKED THAT
THE BOARD CLARIFY THIS TODAY.
CHAIRMAN SIEBERT AGREED THAT THIS WILL BE ADDRESSED AGAIN.
ATTORNEY STEVE HENDERSON NEXT APPEARED REPRESENTING A COUPLE
OF HIS CLIENTS WHO HAVE REZONING REQUESTS PRESENTLY BEING PROCESSED
THROUGH THE ZONING BOARD AND THE COUNTY COMMISSION. ONE OF THESE
PARCELS IS 30 ACRES IMMEDIATELY NORTH OF THE TOWN OF INDIAN RIVER
SHORES ON THE OCEAN, AND THE OTHER PARCEL IS APPROXIMATELY 10,000'
OF OCEANFRONT NORTH OF WABASSO BEACH ROAD WITH 20 DIFFERENT OWNERS.
HIS CLIENTS, OF COURSE, WOULD BE OPPOSED TO ANY MORATORIUM IF IT WOULD
AFFECT THE REZONINGS WHICH ARE IN PROCESS. HE BELIEVED THE PLANNING
DEPARTMENT HAS MOST OF THE PRELIMINARY WORK DONE AND HAS COME OUT
WITH THEIR RECOMMENDATIONS; S0, THE CONTINUING OF THESE APPLICATIONS
WOULD NOT DEPRIVE THE PLANNING DEPARTMENT OF TIME TO WORK ON THE
LAND USE PLAN. MR. HENDERSON COMMENTED THAT THE PRIOR MASTER PLAN
TOOK AT LEAST A YEAR AND A HALF TO COMPLETE; THE PRESENT MASTER PLAN
IS UNDER ITS SECOND EXTENSION ALREADY AND THE OUTLOOK NOW IS THAT THE
LAND USE PORTION WON'T BE PASSED UNTIL NEXT APRIL; THEREFORE, TO
IMPOSE A MORATORIUM COULD WORK A HARDSHIP ON A NUMBER OF LANDOWNERS,
ATTORNEY HENDERSON POINTED OUT THAT UNDER THE PRESENT ZONING, THERE
ARE MANY USES PERMITTED THAT DON'T INTERFERE WITH THE PRESENT LAND
USE PLAN. YOU, THEREFORE, WOULD NEED TO IMPOSE A MORATORIUM ON ANY
BUILDING BECAUSE IT MIGHT INTERFERE WITH THE FUTURE PLAN, AND HE DID
NOT BELIEVE THERE IS ANY JUSTIFICATION FOR DOING THAT. ATTORNEY
HENDERSON INFORMED THE BOARD THAT HIS CLIENTS INTEND TO START
DEVELOPING SHORTLY,AND IF THE BOARD SHOULD IMPOSE A MORATORIUM UNTIL
THE MASTER PLAN IS ADOPTED, IT WOULD BE DEPRIVING THEM OF THEIR
RIGHT TO DEVELOP THEIR PROPERTY. MR. HENDERSON CONTINUED THAT HE
93
BELIEVED A SITUATION WILL BE REACHED WHERE THE PLAN WILL PROHIBIT
CERTAIN USES THAT THE UNDERLYING ZONING WOULD PERMIT AND VICE VERSA;
THERE WILL BE A CERTAIN HIATUS. HE FELT THIS WILL HAVE TO BE
ADDRESSED BY SIMULTANEOUSLY ADOPTING IMPLEMENTING ORDINANCES OR
PROVIDING A CERTAIN PERIOD OF TIME IN BETWEEN. MR. HENDERSON REITERATED
THAT HIS CLIENTS WOULD BE OPPOSED TO A MORATORIUM, AT LEAST TO THE
EXTENT WHERE IT WOULD STOP THE BUILDING OF THEIR PROJECTS, AND THEY
ARE OPPOSED TO A MORATORIUM IN GENERAL AND DO NOT BELIEVE IT IS
NECESSARY.
NINA HAYES, OF SMUGGLERS COVE, STATED THAT ALL OF THE
COMMISSIONERS ARE QUITE AWARE OF THE PUBLIC OPINION ON THIS MATTER,
AND THEY SHOULD ACT ACCORDINGLY. SHE INFORMED THE THREE COMMISSIONERS
WHO ARE RESIGNING THAT THEY SHOULD NOT INTERFERE WITH THE OPINIONS
OF THOSE WHO WILL SUCCEED THEM.
ERNEST KARCH OF GREYTWIG ROAD POINTED OUT THAT THE RESIDENTS
ALL BOUGHT THEIR PROPERTY BECAUSE THEY LIKED THE CHARACTER OF VERO
BEACH AND THE AREA. HE CONTINUED THAT HE WAS INFORMED BY OUR STATE
REPRESENTATIVE R. DALE PATCHETT THAT THIS AREA IS THE SECOND LARGEST
GROWING AREA IN FLORIDA; S0, OUR DESIRE TO KEEP VERO BEACH AS IT IS
OBVIOUSLY IS NOT HARMING MANY. MR, KARCH STATED THEY ARE NOT OPPOSED
TO LEGITIMATE REQUESTS FOR REZONING WHEN IT IS GOING TO ENHANCE THE
AREA, BUT DO OPPOSE IT WHEN ALL IT DOES IS ENHANCE SOME INDIVIDUAL S
POCKETBOOK.
CHAIRMAN SIEBERT NEXT ASKED THE PLANNING DIRECTOR TO
CLARIFY HIS UNDERSTANDING IN REGARD TO THE COMMITMENT OF THE PLANNING
DEPARTMENT AS FAR AS THE COMPLETION OF THE LAND USE PORTION OF THE
MASTER PLAN WAS CONCERNED.
PLANNING DIRECTOR REVER STATED THAT HIS UNDERSTANDING WAS
THAT THE DEADLINE WOULD BE JULY IST OF 1981, BUT THE DEPARTMENT WAS
TOLD THEY SHOULD WORK WITH ALL HASTE TO GET THE LAND USE PORTION
DONE AS SOON AS POSSIBLE. HE STATED THAT THEY WOULD ATTEMPT TO
HAVE A ROUGH DRAFT DONE AND AVAILABLE SOMETIME IN OCTOBER, BUT THAT
IT WOULD BE THE END OF MARCH OR THE FIRST OF APRIL FOR COMPLETION OF
SEP x.01980
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KKK 4 1 w -F, 530,
SEP 101980 Boa 44 PAGE 5,31'
THE WHOLE THING, AND THEN IT WOULD REQUIRE ABOUT 120 DAYS FOR REVIEW,
ETC. IN OTHER WORDS, THEY LEFT THE DEADLINE AT THE ORIGINAL .JULY
IST DATE AND WOULD TRY TO COMPLETE THE PLAN IN TIME TO PROVIDE THE
NECESSARY OPPORTUNITY FOR REVIEW AND PUBLIC HEARING AND POSSIBLE
CHANGE THAT WOULD COME FROM THOSE PUBLIC HEARINGS.
COMMISSIONER WODTKE STATED THAT MR. REVER HAD ADVISED THAT
THE LAND USE SECTION WOULD BE COMPLETED BY THE END OF SEPTEMBER AND
READY TO GO BEFORE THE PLANNING & ZONING COMMISSION FOR REVIEW BY THE
END OF OCTOBER IN DRAFT FORM.
.JOHN MORRISON ASKED IN REGARD TO COMPLETION OF THE LAND USE
PORTION, IF THEY ARE SAYING THAT THOSE DENSITIES WHICH ARE ON THE
MAPS WHICH HAVE BEEN SHOWN AT THE WORKSHOP WILL BE ASSUMED TO BE
ACCOMPLISHED AND FINAL AND THEN THEY WILL GO ON TO OTHER ASPECTS.
CHAIRMAN SIEBERT BELIEVED THERE IS A DIFFERENCE OF OPINION
ABOUT THIS.
COMMISSIONER LYONS EXPLAINED THAT IN CONNECTION WITH THE
COMPLETION OF THE LAND USE PORTION, THERE ALSO HAS TO BE SOME WORDS
ADDED TO THE ORDINANCES THAT WILL ACCOMPANY THE LAND USE PLAN BECAUSE
JUST THE SO-CALLED DENSITY DESIGNATIONS DO NOT DEFINE EVERYTHING
THAT THE PLANNERS HAD IN MIND.
MR. MORRISON BELIEVED THE PROPOSED DENSITIES ARE DIAMETRICALLY
OPPOSED TO WHAT MANY PEOPLE WANT, AND HE DID NOT BELIEVE THIS CAN
BE NEGATED BY ORDINANCE. HE EMPHASIZED THAT THEY DO NOT WANT THAT
PORTION OF THE LAND USE PLAN CLOSED OUT AND NOTED THAT IT IS DIFFICULT
FOR THE PLANNERS TO MAKE AN INTELLIGENT DECISION IN CERTAIN AREAS
BECAUSE IT HAS BECOME APPARENT THERE IS A LACK OF UNDERLYING DATA.
COMMISSIONER WODTKE ASKED IF HE DID NOT FEEL THAT FIVE TO
SEVEN YEARS WAS ENOUGH TIME FOR THE PLANNING DEPARTMENT TO COLLECT
DATA.
MR. MORRISON BELIEVED THAT ONE OF THE LESSER EFFORTS IN THE
COMMUNITY HAS BEEN THE EXTRAORDINARILY POOR PROCEDURE IN PLANNING
AND THE REGRETTABLE EXPENDITURE OF SO MUCH MONEY AND TIME TO ACHIEVE
SO LITTLE.
00
-I
I
CHAIRMAN SIEBERT NOTED THAT HE DID NOT WANT A DEBATE ON
THE MERITS OF THE COMPREHENSIVE PLAN AT THIS POINT.
MR. MORRISON STATED THAT HE IS JUST ASKING THAT THE BOARD
NOT FIRM UP THE LAND USE PORTION IN THE TIME JUST DISCUSSED.
CHAIRMAN SIEBERT FELT THAT WHERE MUCH OF THE CONFUSION
HAS ARISEN IS IN REGARD TO IMPLEMENTATION AND DENSITY. HE STATED
THAT BEFORE HE CAN CONSIDER DENSITY, HE FIRST MUST KNOW HOW IT IS
GOING TO BE IMPLEMENTED.
MR. MORRISON WAS OF THE OPPOSING VIEW - THAT YOU FIRST
PROVIDE THE DENSITIES AND THEN ARRANGE FOR THEIR IMPLEMENTATION
BECAUSE YOU DON `T WANT TO SET UP A HIGH DENSITY AND THEN TRY TO MODIFY
IT BACK. HE AGAIN STRESSED THAT IN NO EVENT WILL THE ORDINANCES
NEGATE THE ESTABLISHED DENSITY.
COMMISSIONER LOY NOTED THAT WE ADOPTED A PLAN THREE OR
FOUR YEARS AGO THAT PRETTY WELL REPRESENTED THE WAY THE COMMUNITY
WANTED TO GO. SHE EMPHASIZED THAT BECAUSE OF THAT, THE OUTGOING
COMMISSIONERS BELIEVED THE BACKGROUND THEY HAD WAS HELPFUL AND THEY
WERE DESPERATELY TRYING TO BE OF ASSISTANCE. SHE AGREED THAT THERE
IS NO EARTHLY WAY ANYTHING IS GOING TO BE ADOPTED BY NOVEMBER 1ST
AND FELT THE CONFUSION AROSE BECAUSE IT WAS POINTED OUT THAT IF WE
DON T KEEP GOING AT A GOOD PACE, IT WILL NOT BE POSSIBLE TO MEET
EVEN THEJULY IST DEADLINE. SHE CONTINUED THAT SHE FELT SOME OF THE
THINGS NOW BEING PROPOSED ARE DIFFERENT ENOUGH FROM THE OTHER PLAN
THAT THE PUBLIC WILL HAVE TO BE BETTER INFORMED ABOUT IT THAN THEY
ARE AT THIS POINT.
COMMISSIONER WODTKE POINTED OUT THAT THERE IS NO WAY THE
PLANNING DEPARTMENT IS GOING TO COME UP WITH A PLAN THAT WILL SATISFY
EVERYONE BEFORE WE GET TO A PUBLIC HEARING, AND HE DID WISH THAT
EVERYONE WOULD LET THE DEPARTMENT DO THEIR WORK AND COME UP WITH
SOMETHING SO WE CAN GET TO A PUBLIC HEARING.
MR. BADENHOP READ FROM AN ARTICLE IN THE TODAY PAPER WHICH
STATED THAT THREE COMMISSIONERS ARE LEAVING OFFICE NOVEMBER IST AND
ARE GIVING THE PLANNING DEPARTMENT UNTIL NOVEMBER IST ON THE COMPRE-
HENSIVE LAND USE PLAN.
SEP x.01980
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SEP 101980 Boox .44 PAGE533
CHAIRMAN SIEBERT STATED THAT WAS TRUE AT ONE TIME, BUT
IT IS NOT ANY MORE.
MR. BADENHOP BELIEVED THAT IS WHERE THE CONFUSION AROSE.
HE STATED THAT THEY JUST WANT THE PLANNING DEPARTMENT TO HAVE SUFFICIENT
TIME SO NO FACET WILL BE OVERLOOKED THAT WE WILL REGRET LATER,
COMMISSIONER WODTKE STATED THAT IT WAS STILL HIS UNDERSTANDING
THAT THE PLANNING DEPARTMENT IS GOING TO WORK POST HASTE ON THAT
ELEMENT OF THE PLAN WHICH DEALS WITH LAND USE AND THE ORDINANCES THAT
GO WITH IT, AND THIS WILL BE DONE AS SOON AS POSSIBLE SO WE CAN GET
AS FAR DOWN THE ROAD AS WE CAN.
COMMISSIONER SIEBERT AGREED, BUT NOTED THAT HE DID NOT WANT
TO RUSH IT TO THE POINT WHERE WE COME UP WITH A BAD PLAN,
ROBERT RYDER OF THE MOORINGS EMPHASIZED THAT IT IS IMPORTANT
NOT TO GET RUSHED INTO ANYTHING WITHOUT SUFFICIENT INPUT AND NOTED
THAT AT THE LAST LEARNING WORKSHOP, THE PLANNERS APPARENTLY SPRANG
A SURPRISE WITH A NEW CONCEPT OF DROPPING THE PUD DESIGNATION AND
COMING UP WITH A NEW DESIGNATION RE CLUSTER HOUSING.
COMMISSIONER LYONS ASKED IF THE DATES DISCUSSED TODAY AND
THE STATEMENTS MADE CHANGED THE POSITION OF THE VERO BEACH CIVIC
ASSOCIATION, AND MR. BADENHOP STATED THAT AS LONG AS THE PLAN IS NOT
GOING TO BE CUT IN STONE BY NOVEMBER 1ST, THAT IS FINE.
CHAIRMAN SIEBERT ASSURED THOSE PRESENT THAT THE NOVEMBER IST
DATE IS GONE AND THE PLANNERS ARE NOT UNDER PRESSURE TO GET THIS TO
US BY NOVEMBER 1ST. THE BOARD AGREED.
MR. BADENHOP STATED THAT SATISFIED THE VERO BEACH CIVIC
ASSOCIATION COMPLETELY.
CHAIRMAN SIEBERT THEN DISCUSSED THE REQUEST FOR A MORATORIUM
AND NOTED THAT THOSE WHO WERE AT THE JOINT MEETING ARE AWARE THAT IT
WAS INDICATED THAT WE WOULD NOT ENTERTAIN A MORATORIUM FOR A NUMBER
OF REASONS. IF WE HAD STAYED WITH THE NOVEMBER 1ST DEADLINE, HE FELT
WE WOULD HAVE HAD TO GIVE SERIOUS CONSIDERATION TO A MORATORIUM, BUT
THE DEADLINE NOW IS TOO FAR IN THE FUTURE. IT ALSO WAS POINTED OUT
THAT SOME REZONINGS ACTUALLY LOWER DENSITIES.
COMMISSIONER LYONS FELT THAT FOR THE PLANNING DEPARTMENT
TO HAVE SUFFICIENT TIME TO MAKE THE .JULY DEADLINE WITH ALL THE OTHER
THINGS THEY ARE INVOLVED WITH, POSSIBLY WE WOULD 3E BETTER OFF WITH
A 60 DAY MORATORIUM, BUT THE OTHER BOARD MEMBERS DID NOT AGREE.
COMMISSIONER Loy WAS OF THE OPINION THAT BELIEVING THE JOB
COULD BE DONE IN 60 DAYS IS WISHFUL THINKING, AND SHE HOPED THAT WHEN
WE DO GET TO A PUBLIC HEARING, THE PLAN HAS BEEN EXPOSED TO THE PUBLIC
ENOUGH THAT WE DO NOT HAVE A LOT OF OPPOSITION.
CHAIRMAN SIEBERT AGREED. HE EXPRESSED THE HOPE THAT TODAY'S
DISCUSSION HAS CLARIFIED THE SITUATION.
STREET NAME CHANGE - VAN BERGEN & HENDRY'S ADDITION SUBDIVISION
RESOLUTION 80-91
SENIOR PLANNER MARSH PRESENTED THE BOARD WITH THE FOLLOWING
DRAWING:
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SEP 101980
_I
Boa ' 44 PAGE 5.35
MR. MARSH INFORMED THE BOARD THAT THEY HAD A REQUEST FROM AN INDIVIDUAL
IN THE SUBDIVISION FOR A CORRECT STREET AND HOUSE NUMBER SO HE COULD
REGISTER TO VOTE. THE STAFF DID THE BEST THEY COULD WITH THE NUMBERING
AND SUPPLIED THE GENTLEMAN WITH A CORRECTED NUMBER BECAUSE OF HIS
EMERGENCY SITUATION. MR. MARSH NOTED THAT THE CURRENT PLAT SHOWS
AVENUES TWO, THREE, FOUR AND FIVE, WHICH IS NOT AT ALL CONSISTENT WITH
OUR OVERALL STREET NUMBERING SYSTEM. HE INFORMED THE BOARD THAT THEY
ARE RUNNING INTO A VERY LARGE PROBLEM IN THIS REGARD IN THE NORTH
COUNTY, MAINLY IN THE AREA OF THE FLEMING GRANT. HE CONTINUED THAT
MAKING THIS AREA CORRECT AND COMPATIBLE WITH OUR OVERALL SYSTEM WILL
IMPACT A LARGE NUMBER OF HOMES, AND THE STAFF FEELS THE BEST ALTERNATIVE
IS TO TRY AND MAKE THE ADJUSTMENT OVER A PERIOD OF TIME.
COMMISSIONER LYONS INQUIRED HOW THEY ARE GOING TO DISTINGUISH
THESE NUMBERS. HE NOTED THEY HAVE TO FINISH THE NUMBERING IN THE
COUNTY; NEW SUBDIVISIONS WILL BE COMING INTO THIS AREA; AND ALSO WE
ARE GOING TO HAVE THE 911 SYSTEM COMING IN, WHICH REQUIRES CORRECT
ADDRESSES. WHAT IS THE SOLUTION?
MR, MARSH AGREED THAT IT IS A DILEMMA BECAUSE WITH THE GROWTH
RATES THIS PART OF THE COUNTY IS NOW EXPERIENCING, THIS PROBLEM IS
GOING TO COME UP MORE AND MORE OFTEN.
ATTORNEY COLLINS SUGGESTED THAT A RESOLUTION BE PASSED
APPLYING TO THE ENTIRE SUBDIVISION OUTLINING THE NUMBERING THAT WILL
APPLY.
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS-
SIONER DEESON, TO ADOPT RESOLUTION 80-91 SETTING UP A NEW STREET
AND LOT NUMBERING SYSTEM FOR VAN BERGEN AND HENDRY'S ADDITION TO
ROSELAND, AND INCLUDING A PROVISION THAT EACH PROPERTY OWNER BE SENT
A COPY OF THE RESOLUTION.
COMMISSIONER WODTKE ASKED IF THE ORIGINAL PLAT WILL HAVE TO
BE CHANGED.
ATTORNEY COLLINS STATED THAT HE WOULD RECORD THE RESOLUTION
AND HAVE THE CLERK MAKE A NOTATION REGARDING THE RESOLUTION ON THE
99
OFFICIAL PLAT.
HE NOTED THAT WE ARE NOT ACTUALLY AMENDING THE PLAT,
JUST TRYING TO CURE A PROBLEM AND PUT EVERYBODY ON NOTICE BEFORE
MAKING A NOTE ON THE PLAT.
MR. MARSH SUGGESTED THAT INSTEAD OF TRYING TO DO A BLANKET
REVISION ALL AT ONE TIME WHICH WOULD REQUIRE A CONSIDERABLE BIT OF
TIME AND EFFORT, THAT FOR A WHILE AT LEAST, THEY COULD JUST HANDLE
THE SHORTCOMINGS AS THEY ARISE. HE NOTED THAT THE CITY OF SEBASTIAN
RECENTLY ADOPTED A SYSTEM WHICH WAS INTENDED TO BE CONSISTENT WITH
THE COUNTY SYSTEM, AND HE WOULD LIKE TO REVIEW THAT AND THEN COME UP
WITH AN OVERALL PROGRAM.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
RESOLUTION 50-91 WILL BE MADE A PART OF THE MINUTES WHEN
RECEIVED.
STATUS OF AGREEMENT WITH CITY OF VERO BEACH RE MID FLORIDA AREA AND
SOUTH BEACH AREA
ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAD PREVIOUSLY
APPEARED BEFORE THE CITY COUNCIL IN REGARD TO THE WATER AGREEMENTS
IN REGARD TO THE MID FLORIDA AREA AND THE SOUTH BEACH AREA, AND GOT
WHAT HE BELIEVED IS A POSITIVE RECEPTION. BASICALLY THE CITY OF
VERO BEACH WOULD LIKE TO AMEND THE WATER AGREEMENT THAT WE HAVE ON
WHOLESALE BUT WERE HOPING TO GET THEIR CONSULTANT S REPORTS BACK
FIRST. ATTORNEY COLLINS REPORTED THAT THE COUNTY'S ENGINEER HAS DONE
STUDIES THAT INDICATE IF THE COUNTY AGREES TO COST PLUS 20%, RATHER
THAN 10% AS IN'THE PAST, IT -WOULD BE A REASONABLE RATE TO BE CHARGED
IN THE WHOLESALE AREAS. HE NOTED THAT THIS IS A MATTER OF NEGOTIATION.
THE CITY IS REDUCING RATES PRESENTLY CHARGED IN THE MID FLORIDA AREA,
PROVIDING UP TO 550,000 GPD, AND ALLOWING SOME ADDITIONAL TAP -INS TO
THE SYSTEM. THE COUNTY, IN RETURN, IS RECOGNIZING THAT THE WHOLESALE
RATE MAY BE FAVORABLE TO THE COUNTY'S POSITION AND THAT AN INCREASE
FROM 10% TO 20% WOULD BE REASONABLE. ATTORNEY COLLINS NOTED THAT HE
PREVIOUSLY SUBMITTED THESE AGREEMENTS FOR THE BOARD TO REVIEW AND HE
NOW NEEDS SOME SPECIFIC DIRECTION BEFORE GOING BACK TO THE CITY.
100 BOOK 44 ?Aa 5:36
SEP 101980
I
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SEP 10 1980 BOOK 44, FAGE 537
COMMISSIONER WODTKE FELT IT IS PRETTY HARD TO SAY WHEN YOU
DON T KNOW WHAT AMOUNT IT IS 20% OF.
ATTORNEY COLLINS COMMENTED THAT UTILITY DIRECTOR LINER HAS
REVIEWED THIS AND THE ENGINEERS, AND HE BELIEVED THE APPROACH NOW IS
TO REACH SOME COMPROMISE. AS FAR AS 20% OF WHAT, HE NOTED WE HAD
A FORMULA IN 1973 WHICH DESCRIBED HOW YOU ARRIVE AT WHOLESALE AND
THAT FORMULA HAS BEEN USED PRIMARILY IN REGARD TO THE HOSPITAL, GIFFORD,
AND RALMAR AREAS. THEY, THEREFORE, HAVE A BASIS FOR THE FORMULA AND
NOW CAN NEGOTIATE.
COMMISSIONER LYONS FELT THE WHOLESALE RATE IS WELL DEFINED
IN THE AGREEMENTS,
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS-
SIONER LOY, TO AUTHORIZE THE ATTORNEY TO NEGOTIATE THE AGREEMENTS
AS OUTLINED WITH THE CITY OF VERO BEACH RE THE MID FLORIDA AREA AND
THE SOUTH BEACH AREA.
COMMISSIONER WODTKE FELT THE COMMISSIONERS SHOULD BE AT THE
MEETING WITH THE CITY ALSO, AND ATTORNEY COLLINS STATED THAT THEY
WOULD BE WELCOME.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
REIMBURSEMENT OF BOND ATTORNEY COSTS FOR HOUSING FINANCE AUTHORITY
ATTORNEY COLLINS REPORTED THAT AFTER THIS ITEM WAS PUT ON
THE AGENDA, WE HEARD FROM HOUGH & COMPANY THAT THEY WOULD WORK SOME-
THING OUT WITH THE BONDING ATTORNEYS SO THAT THE HOUSING FINANCE
AUTHORITY WOULD NOT BE RESPONSIBLE IN THE EVENT THE BOND ISSUE DID
NOT GO AHEAD. HE, THEREFORE, DID NOT FEEL THE MATTER OF THE BOND
ATTORNEY COSTS WAS RELEVANT RIGHT NOW, AND HE REQUESTED THAT THIS
ITEM BE REMOVED FROM THE AGENDA. THE ATTORNEY NOTED THAT IF THE
HOUSING FINANCE AUTHORITY DOES DETERMINE THEY WILL HAVE SOME OUT-OF-
POCKET EXPENSE, IT MAY BE BROUGHT BACK TO THE BOARD FOR A TEMPORARY
LOAN OR A GRANT IF THE BONDS ARE NOT SOLD.
WILLIAM KOOLAGE, A MEMBER OF THE HOUSING FINANCE AUTHORITY,
COMMENTED THAT COORDINATOR THOMAS THOUGHT THAT ANY COSTS WOULD BE
MINIMAL.
REQUEST DOT TO CHECK INTO PEOPLE DIVING FROM MAINTENANCE LADDER OF
THE 17TH STREET BRIDGE
COMMISSIONER WODTKE REQUESTED THAT THE ADMINISTRATOR CONTACT
THE DOT BECAUSE HE HAS OBSERVED A CONSIDERABLE NUMBER OF BOTH ADULTS
AND TEENAGERS CLIMBING ON THE MAINTENANCE LADDER OF THE 17TH STREET
BRIDGE AND DIVING FROM THE PLATFORM INTO THE INTRACOASTAL WATERWAY.
HE WAS CONCERNED THAT SOMEONE WILL BE HURT, AND FELT THIS SHOULD BE
DISCOURAGED.
ADMINISTRATOR NELSON STATED THAT HE WILL CHECK INTO THIS.
DISCUSSION RE HOSPITAL SEWER ALLOCATION - RESOLUTION 80-92
COMMISSIONER LYONS NOTED THAT IN HIS EFFORTS TO REACH AN
AGREEMENT WITH THE CITY OF VERO BEACH AND THE TOWN OF INDIAN RIVER
SHORES RE A SEWER ALLOCATION FOR INDIAN RIVER SHORES, THE HOSPITAL
ALLOCATION NOW HAS COME INTO THE PICTURE. IN REVIEWING THE COUNTY'S
ALLOCATIONS, HE HAS FOUND THAT WE HAVE AN AWFUL LOT OF SEWAGE CAPACITY
TIED UP WHICH NOBODY IS USING. THE HOSPITAL HAS A FLOW OF ABOUT
125,000 GPD AT THE PRESENT TIME, AND COMMISSIONER LYONS STATED THAT
IT IS HARD FOR HIM TO BELIEVE THAT ANY TIME IN THE FORESEEABLE FUTURE
IT WOULD DOUBLE ITS PRESENT FLOW, AND A TIME WHEN IT WOULD TRIPLE
THAT FLOW IS ALMOST BEYOND THE REALM OF IMAGINATION. COMMISSIONER
LYONS CONTINUED THAT HE HAS RESEARCHED THE ACTUAL ALLOCATION TO THE
HOSPITAL AND HAS FOUND THAT THERE IS NO OFFICIAL ALLOCATION. THE
ORIGINAL AGREEMENT STATES THAT THE CITY OF VERO BEACH WOULD SERVE THE
HOSPITAL SITE AND THAT THE COUNTY WOULD GIVE AN ALLOCATION AND BASED
ON THAT, HE WOULD LIKE TO SETTLE THE PROBLEM BY SUGGESTING AN ALLOCATION
OF 400,000 GPD FOR THE HOSPITAL. COMMISSIONER LYONS THEN READ ALOUD
A PROPOSED RESOLUTION WHEREBY THE COUNTY WOULD FORMALLY ALLOCATE
400,000 GPD TO THE HOSPITAL DISTRICT AND, IF THE HOSPITAL DISTRICT'S
PREPARED UTILITY STUDY INDICATED THAT THEIR MAXIMUM NEEDS WERE LESS
THAN 400,000 GPD, THEN ANY DIFFERENCE WOULD BE MADE AVAILABLE TO THE
COUNTY TO BE REALLOCATED BY THE COUNTY.
102 eooK 4 �,�F 5.�8
SEP 101990
SEP 101990 BOOK 44 PAGE 539
MOTION WAS MADE BY COMMISSIONER LYONS, SECONDED BY COM-
MISSIONER Loy, TO ADOPT RESOLUTION 80-92, MAKING A 400,000 GPD
SEWER ALLOCATION TO THE HOSPITAL DISTRICT AS DESCRIBED ABOVE.
VERO BEACH CITY COUNCILMAN DAVID GREGG TOOK THE FLOOR
AND NOTED THAT THE PROPOSED RESOLUTION OBVIOUSLY INFERS THAT THERE
WAS NO ALLOCATION GRANTED AND NO MEETING OF THE MINDS REGARDLESS OF
THE AGREEMENT. HE THEN PROCEEDED TO GIVE A DETAILED HISTORY OF
HOW THE TRIPARTITE AGREEMENT BETWEEN THE COUNTY, THE CITY OF VERO
BEACH, AND THE HOSPITAL DISTRICT, CAME ABOUT AND WAS ENTERED INTO,
QUOTING*FROM VARIOUS LETTERS AND REPORTS DATED THROUGH 1976, WHICH
REFERRED TO THE 500,000 GPD ALLOCATION. HE NOTED THAT APPARENTLY
THERE WAS NO FURTHER DISCUSSION OF THE 500,000 GPD ALLOCATION UNTIL
COMMISSIONER LYONS BECAME INVOLVED WITH DISCUSSION WITH THE TOWN OF
INDIAN RIVER SHORES ABOUT SIX MONTHS AGO. MR. GREGG STATED THAT HE
TOLD MR. LYONS IF THE COUNTY WERE ABLE TO PROVIDE 340,000 GPD OF
WASTE WATER TREATMENT FROM THEIR ALLOCATION FOR INDIAN RIVER SHORES,
HE WOULD BE RECEPTIVE TO RECOMMENDING TO THE CITY COUNCIL THAT THEY
FIND 100,000 GPD TO GIVE INDIAN RIVER SHORES, WHICH WOULD ADD UP TO
A TOTAL OF 440,000 GPD, OF WHICH APPROXIMATELY 50,000 GPD WOULD BE
FOR THE UNINCORPORATED AREA NORTH OF THE CITY LIMITS. MR. GREGG
COMMENTED THAT THIS WAS THE FIRST TIME MR. LYONS BROUGHT UP THE
QUESTION OF THE HOSPITAL ALLOCATION AND SAID THERE WAS NONE. HE
INFORMED THE BOARD THAT HE DID GO TO THE CITY ATTORNEY TO VERIFY
WHETHER THERE WERE ANY LEGAL DOCUMENTS VERIFYING THE 500,000 GPD
ALLOCATION, AND NONE CAN BE FOUND ALTHOUGH HE HAS GONE THROUGH THE
HOSPITAL RECORDS, THE CITY RECORDS, AND THE COUNTY COMMISSION
RECORDS. HE COMPLIMENTED THE COUNTY ON THEIR RECORD KEEPING.
MR. GREGG THEN RECAPPED, STATING THAT THE CITY TOOK THE
HOSPITAL AS A PERMANENT SERVICE TERRITORY; THERE WAS NO BUY-BACK
PROVISION; AND THE COUNTY CANNOT COME BACK IN AND TAKE IT AS IN THE
VERO MED AND RALMAR AGREEMENTS. HE CONTINUED THAT THEY HAVE ALWAYS
BEEN UNDER THE IMPRESSION IN DISCUSSION WITH COUNTY REPRESENTATIVES
THAT THE CITY TOOK THE AREA FOR WHAT IT EVER MIGHT BE, WHETHER
103
IT WAS 1,000,000 GPD OR 300,000 GPD.
HE POINTED OUT THAT THERE WAS
LONG RANGE PLANNING DONE FOR THE 90 ACRES, AND SOME USES PROJECTED
FOR THE FUTURE WERE A MENTAL HEALTH FACILITY, A SELF-CARE FACILITY,
OFFICES, CHILD CARE, ETC. WITH ALL THESE FACILITIES VISUALIZED
FOR THE FUTURE, MR. GREGG STATED THAT HE, FOR ONE, COULD NOT ESTIMATE
THE MAXIMUM POTENTIAL. HE ASKED THAT THE BOARD REALIZE THE CITY HAS
THIS RESPONSIBILITY AND REQUESTED THAT BEFORE THEY TAKE THIS ACTION,
THEY LET THE CITY COUNCIL ADDRESS THIS MATTER AND COME BACK TO THE
COUNTY. HE EMPHASIZED THAT THE 500,000 GPD ALLOCATION WAS SOMETHING
THAT WAS ACCEPTED UNILATERALLY, IF NOT LEGALLY; IT WAS NEVER CHAL-
LENGED IN CORRESPONDENCE THOUGH IT WAS REFERRED TO MANY TIMES; AND
MR. GREGG URGED THAT THE COUNTY BE VERY CAREFUL ABOUT ARBITRARILY
CHANGING THAT ACCEPTED ALLOCATION BECAUSE HE DID NOT KNOW WHAT THE
CITY WOULD DO IN THAT EVENT,
COMMISSIONER LYONS FELT THAT THE COUNTY AND THE CITY ACTUALLY
HAVE THE SAME GOAL. THE COUNTY WOULD LIKE TO SEE AS MUCH OF THE ALLOCA-
TION IN USE AS POSSIBLE, AND HE FELT THE CITY WOULD LIKE TO FIND A
WAY TO UNTANGLE THE LOG JAM AND GET SEWAGE TO TREAT AT THEIR PLANT.
HE NOTED THAT THE COMMISSION CERTAINLY DOES NOT WANT TO SEE VERO
BEACH STUCK WITH SOMETHING THAT IS UNREALISTIC, AND HE DID NOT INTEND
THAT WHEN HE ENTERED THE RESOLUTION. IT WAS HIS CONSIDERED OPINION
THAT 400,000 GPD WOULD TAKE CARE OF THE HOSPITALS NEEDS IN THE
FORESEEABLE FUTURE, AND HE BELIEVED BEFORE THIS BOARD WOULD SEE THE
CITY PUT IN AN UNTENABLE POSITION, THEY WOULD HAVE TO TAKE SOME
OTHER STEPS, WHATEVER THEY MIGHT BE, BUT IN THE MEANTIME HE FELT
WE OUGHT TO LOOK AT THE PRACTICAL STANDPOINT AND MOVE IN THAT DIRECTION
MR. GREGG STATED THAT HE AGREED WITH MUCH OF WHAT COMMIS-
SIONER LYONS SAID, BUT HE DID NOT AGREE WITH THE DIRECTION HE IS
ASKING TO BE TAKEN. HE NOTED THAT AT A JOINT MEETING OF CITY, TOWN,
AND COUNTY REPRESENTATIVES ON JULY 27TH, THE QUESTION OF WHETHER
THE LONG TERM DEVELOPMENT OF THE HOSPITAL WOULD PROVIDE ANY RELIEF
FROM THE ESTIMATED 500,000 GPD WAS DISCUSSED, AND HE, AS A REPRE-
SENTATIVE OF THE CITY, SAID THEY WOULD LOOK INTO THIS MATTER AND SEE
IF THERE WAS ANY UNNECESSARY ALLOCATION THEY ARE HOLDING TO RELEASE
FOR INDIAN RIVER SHORES. HE STATED THAT THE COUNTY ALSO AGREED TO
REVIEW THEIR ALLOCATION AND NEEDS TO DETERMINE IF THERE WAS ANY
SEP 10194
104 sQOK 44" PA,UG544
SEP 101990 BOOK 44 PAGE 541
ADDITIONAL ALLOCATION WHICH INDIAN RIVER SHORES MIGHT REASONABLY
EXPECT TO RECEIVE IN THE NEXT SEVERAL YEARS, MR. GREGG CONTINUED
THAT THE CITY COUNCIL WAS RECEPTIVE TO THE IDEA OF RELEASING ANY
EXCESS ALLOCATION TO INDIAN RIVER SHORES IF THEY HAD SUBSTANTIAL
REASON TO BELIEVE THAT THE USAGE IN THE LONG RUN WOULD BE LESS THAN
THE 500,000 GPD, BUT HE FELT THAT WHAT THE COUNTY COMMISSION IS NOW
SAYING IS THAT, REGARDLESS OF THE CITY'S POSITION, THEY ARE GOING
TO OVERTURN WHAT HAS BEEN CONSIDERED TO BE THE ALLOCATION FOR THE
LAST SEVEN YEARS AND ARBITRARILY SET AN ALLOCATION OF 400,000 GPD.
HE ASKED IF THE COMMISSION INTENDED TO ADDRESS WATER AND ASSIGN
400,000 GPD FOR THAT ALSO.
CHAIRMAN SIEBERT DID NOT FEEL THE QUESTION OF WHETHER OR
NOT THE COUNTY SPECIFICALLY ALLOCATED 500,000 GPD IS THE REAL ISSUE
IF THE HOSPITAL DOESN'T NEED THAT MUCH, AND THE HOSPITAL BOARD HAS
INDICATED THAT 400,000 GPD IS ALL THEY NEED.
MR. GREGG POINTED OUT THAT THE HOSPITAL.ACTUALLY HAS NO
ALLOCATION THEMSELVES, AND THEY CAN'T RELEASE ANYTHING.
DISCUSSION THEN ENSUED AS TO HOW ALL THIS CAME ABOUT AND
WHY THE HOSPITAL WASN'T GIVEN A SPECIFIC ALLOCATION. CHAIRMAN
SIEBERT POINTED OUT THAT IN ORDER TO GET THE ORIGINAL GRANT, THE
CITY OF VERO BEACH HAD TO SAY THEY WERE SERVING AN ADDITIONAL 1.39
MILLION GALLONS. THE 1.39 MILLION GALLONS WERE ALLOCATED FOR COUNTY
USE, AND SUBSEQUENT TO THAT, WE WANTED TO MAKE SURE WE RESERVED
SUFFICIENT SEWAGE CAPACITY FOR THE HOSPITAL'S NEEDS, PRESENT AND FUTURE,
S0, UNDER A SEPARATE UNDERSTANDING, 500,000 GPD WERE SET ASIDE. THE
CHAIRMAN DID NOT BELIEVE THERE EVER WAS AN AGREEMENT, BUT THERE WAS
AN UNDERSTANDING. THE HOSPITAL NOW HAS SAID, BASED ON CURRENT CON-
SUMPTION, THAT THEY COULD FEEL COMFORTABLE RELEASING 100,000 GALLONS;
SO, IF THE COUNTY NOW MAKES AN OFFICIAL ALLOCATION OF 400,000 GPD, HE
COULD NOT SEE WHAT THE PROBLEM WAS,
MR. GREGG STATED THAT WHEN THE CITY ACCEPTED THE HOSPITAL
DISTRICT AS A PERMANENT SERVICE, IT WAS FOR BETTER OR FOR WORSE, AND
THERE IS NO REVERSION FACTOR. HE FELT THERE OBVIOUSLY IS A PROBLEM
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BECAUSE HOW COULD THE CITY POSSIBLY ACCEPT A PERMANENT SERVICE AREA
WITH AN ALLOCATION THAT WAS AT THE WHINES OF ANOTHER POLITICAL GROUP
HE POINTED OUT IF THE ALLOCATION WERE SET AT 400,000 AND THE EXCESS
GIVEN TO INDIAN RIVER SHORES, THERE IS ALWAYS THE POSSIBILITY THE
HOSPITAL WILL PUT IN MORE FACILITIES AND NEED THE 500,000. HE FELT
IT IS STRETCHING A POINT TO STATE THAT THE 500,000 WAS NOT A FIXED
AMOUNT.
® COMMISSIONER LYONS NOTED THAT WE STILL GET BACK TO THE
PRACTICAL THING OF WHAT DO YOU REALLY WANT TO USE.
ATTORNEY COLLINS FELT THAT THE ESTIMATES WERE JUST ESTIMATES,
AND HISTORY HAS PROVEN THEY WERENIT ACCURATE. THE HOSPITAL HAS INDI-
CATED THEY DON T NEED A CAPACITY OF MORE THAN 400,000 GALLONS; SO,
WE ARE RELYING ON HISTORY AND ANTICIPATED USE TO ARRIVE AT THE FIGURE.
MR. GREGG DID NOT DISAGREE WITH THAT CONCEPT, BUT DID
DISAGREE THAT THE COMMISSION CAN UNILATERALLY REDUCE THE ALLOCATION.
HE AGAINIASKED IF THE BOARD INTENDED TO REDUCE THE WATER ALLOCATION
AND WHERE THEY WOULD GET THE ADDED WATER TO PUT INTO THE SEWER.
COMMISSIONER LYONS NOTED THAT WE ARE FIGURING THE SEWAGE
ON 100% OF THE WATER.GOING INTO THE SEWER, WHICH IS DIFFERENT THAN
ANY PLACE ELSE; S0, WE HAVE SOME BASIS THERE.
CHAIRMAN SIEBERT FELT WE STILL GET BACK TO THE FACT THAT
THE HOSPITAL HAS INDICATED THAT 400,000 IS ENOUGH, AND HE DID NOT
SEE WHERE THIS WILL PUT THE CITY IN A BIND.
MR. GREGG WAS OF THE OPINION THAT THE CITY WOULD BE RECEP-
TIVE IF THE HOSPITAL WOULD GIVE THEM A STATEMENT THAT AT NO TIME
WILL THEY EVER ASK FOR MORE THAN 400,000 GPD.
CHAIRMAN SIEBERT DID NOT FEEL IT IS REASONABLE TO ASK THE
HOSPITAL BOARD TO STATE THEY WILL NEVER MAKE ANOTHER REQUEST. HE
FELT YOU'CAN SAY THAT IS ALL THEY HAVE GOT, AND IF THEY EVER WANT
MORE, SOME ARRANGEMENTS WILL HAVE TO BE MADE,
DISCUSSION IN THIS VEIN CONTINUED, AND MR. GREGG FELT THAT
THE COUNTY IS TAKING AWAY ANY CUSHION.
COMMISSIONER LOY FELT THAT WE ARE ALL BETTER OFF BECAUSE WE
DIDNIT HAVE A SIGNED, SEALED DOCUMENT SETTING OUT X AMOUNT OF GALLONS.
SHE STATED THAT THIS BOARD HAS QUESTIONED THE ALLOCATION SINCE THE
DAY THEY GAVE IT.
WE HAVE NEEDS IN OTHER AREAS; WE HAVE A TRACK
SEP 101980 106
BOOK 44 FADE 542
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SEP 101980 max 44 PAGE 543
RECORD WHICH SHOWS US WHAT THE HOSPITAL IS USING; AND BASED ON
THEIR ENGINEERING, THEY NOW ARE ABLE TO SAY WHAT THEY NEED. SHE
CONTINUED THAT WE SEEM TO BE FORGETTING THAT VERO BEACH NEEDS MORE
SEWER CUSTOMERS; THAT WE ARE WORKING ON THE 201 PLAN; AND THAT
ANOTHER MUNICIPALITY NEEDS MORE SEWAGE DISPOSAL.
MR. GREGG STATED THAT THERE IS NOTHING IN THE FILES INDICA-
TING THAT THE COUNTY EVER HAS QUESTIONED THE ALLOCATION.
COMMISSIONER LOY FELT THERE IS HARDLY A TIME SINCE THIS
ALLOCATION WAS MADE THAT WE HAVE NOT QUESTIONED IT; THAT IS WHY WE
ASKED THE HOSPITAL TO LOOK AT IT. SHE ALSO FELT THAT TO ASK THE
HOSPITAL TO MAKE A COMMITMENT THAT THEY WILL NEVER ASK FOR MORE IS
UNREASONABLE. SHE POINTED OUT THAT IN TEN OR TWENTY YEARS, THERE
WILL BE ANOTHER PLANT IN THE COUNTY AND FELT WE SHOULD CONCENTRATE
ON GETTING INDIAN RIVER SHORES UNDER WAY.
MR. GREGG REITERATED THAT HE HAS SAID IF THE COUNTY COM-
MISSION WILL GIVE 440,000 GALLONS TO INDIAN RIVER SHORES, HE WOULD
RECOMMEND SERVICE. HE STRESSED THAT THE COUNTY DECLINED TO TAKE
THE HOSPITAL SERVICE AREA ALTHOUGH THEY HAD THE WATER CAPACITY, AND
INSTEAD GAVE IT TO THE CITY ON A PERMANENT BASIS. HE STATED THAT
HIS PROBLEM IS NOT THE ULTIMATE OBJECTIVE, BUT THE WAY THE COUNTY
IS,GETTING THERE; HE BELIEVED THE COUNTY IS OVERTURNING AN ACCEPTED
FACT AND HE WOULD LOVE TO SEE ANYTHING THAT WILL SHOW THE COUNTY
NEVER THOUGHT IT WAS A PERMANENT 500,000.
COMMISSIONER WODTKE STATED THAT HE WAS CONFUSED AND FELT
THAT COUNCILMAN GREGG IS SAYING WE WOULD BE BETTER OFF NOT ADOPTING
THE PROPOSED RESOLUTION AND LET THE CITY ADDRESS WHAT THE ULTIMATE
NEEDS OF THE HOSPITAL ARE.
! MR. GREGG STATED THAT THERE ARE TWO DIFFERENT MATTERS, AND
ONE IS WHO HAS THE RIGHT TO CONTROL THE HOSPITAL ALLOCATION. THE
CITY OBVIOUSLY FOR THE PAST SEVEN YEARS HAS BEEN UNDER A DIFFERENT
VIEW THAN THE COUNTY COMMISSION, AND THAT TO HIM IS THE MOST IMPORTANT
DECISION. MR. GREGG THEN WOULD HOPE THAT THE COUNTY WOULD GO AHEAD
AND ALLOCATE 440,000 GALLONS OF WASTE WATER TO INDIAN RIVER SHORES.
107
COMMISSIONER LYONS REQUESTED AT THIS POINT THAT WE GET
THE RECORD STRAIGHT. HE NOTED THAT MR. GREGG HAS WRITTEN INTO OUR
RECORD A STATEMENT WHICH IS NOT CORRECT AS FAR AS WHAT COMMISSION
LYONS HAS AGREED TO IN REGARD TO DEALING WITH INDIAN RIVER SHORES.
COMMISSIONER LYONS CONTINUED THAT WE WERE TALKING ABOUT GIVING
INDIAN RIVER SHORES 340,000 GALLONS, AND THE CITY WAS TALKING ABOUT
GIVING 100,000 GALLONS, FOR A TOTAL OF 440,000, AND HE WISHED THE
RECORD TO SET THAT OUT. HE FELT THE QUESTION OF WHO HAS THE RIGHT
TO CHANGE THE ALLOCATION SHOULD BE RESOLVED, AND HE BELIEVED THE
RESOLUTION DOES DO THAT, HE FURTHER BELIEVED THAT THE CITY AND THE
COUNTY HAVE SHOWN RECENTLY THAT WE CAN GET TOGETHER AND ARE AWARE
OF EACH OTHER'S PROBLEMS, AND IT SEEMS WE ARE TRYING TO DO A VERY
PRACTICAL THING - GET RID OF THE INFLATED COMMITMENTS THAT HAVE
BEEN MADE AND GET THEM DOWN TO A POINT WHERE WE CAN GET THE WASTE
WATER FLOWING TO THE TREATMENT PLANT. FOR THAT REASON, COMMISSION
LYONS STATED THAT HE WOULD LIKE TO ASK FOR A VOTE.
COUNCILMAN GREGG STATED THAT HE DID NOT SAY THAT ANY
MEMBER OF THE COUNTY COMMISSION OFFERED 440,000 GALLONS. HIS LAST
REMARK WAS THAT HE WOULD HOPE THE COUNTY COMMISSION WOULD ALLOCATE
440,000 GALLONS, WHICH IS WHAT THE TOWN OF INDIAN RIVER SHORES IS
ASKING FOR.
CHAIRMAN SIEBERT NOTED THAT COMMISSIONER LYONS HAS CALLED
FOR THE QUESTION. HE STATED HE WOULD VOTE FOR THE MOTION BECAUSE HE
DID FEEL IT IS THE COUNTY'S 500,000 GALLONS TO ALLOCATE, AND IF IT WAS
TOO MUCH, THE COUNTY HAS A RIGHT TO HAVE SOME OF IT BACK.
THE BOARD THEREUPON VOTED AND UNANIMOUSLY ADOPTED RESOLUTION
80-92, SETTING AN ALLOCATION OF 400,000 GPD FOR THE HOSPITAL DISTRICT.
COUNCILMAN GREGG WISHED THE BOARD TO MAKE ITS POSITION
CLEAR AS TO THE ABILITY OF THE COUNTY TO CHANGE THE ALLOCATION.
ATTORNEY COLLINS POINTED OUT THAT THE AGREEMENTS SAY
THAT THE COUNTY WILL ALLOW ITS ALLOCATION TO BE USED TO PROVIDE
THE SERVICE NEEDED BY THE HOSPITAL, AND THE FIGURE OF 400,000 GPD
IS THE ULTIMATE THAT IS GOING TO BE PROVIDED. THERE IS NOTHING IN
ANY OF THE AGREEMENTS THAT INDICATES THERE WAS A PRIOR ALLOCATION,
AND IF THERE WAS NO PRIOR ALLOCATION, THEN THE COUNTY HAS THE
ABILITY TO MAKE THE ALLOCATION NOW,
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544
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SEP 101980
Boob 44 PAGE 545
RESOLUTION NO. 80- 92
WHEREAS, on the 11th day of January, 1973, the CITY OF VERO
BEACH and INDIAN RIVER COUNTY entered into an Agreement affecting
utilities, both water and sewer, within Indian River County; and
WHEREAS, on the 17th day of April, 1975, the CITY OF VERO
BEACH, INDIAN RIVER COUNTY and the INDIAN RIVER COUNTY HOSPITAL
DISTRICT entered into a Tripartite Agreement delineating the
servicing of water and sewer utilities to the eighty (80) acre
HOSPITAL site; and
WHEREAS, the April 17, 1975 Agreement contained an Addendum
which states:
and
"That the water and/or sewer service provided by
the CITY OF VERO BEACH to THE INDIAN RIVER COUNTY
HOSPITAL DISTRICT shall be considered part of the
capacity allocated to INDIAN RIVER COUNTY at the City's
water and sewage treatment plants, as provided and set
forth in Paragraph 5 of Annex I, of the January 11, 1973
Tripartite Agreement."
WHEREAS, there existed as of April 17, 1975 an engineering
report advising that the ultimate sewer needs of the HOSPITAL would
be 500,000 gallons per day; and
WHEREAS, history has shown the sewer requirements of the
INDIAN RIVER COUNTY HOSPITAL DISTRICT will be substantially less
than 500,000 gallons per day; and
WHEREAS, the INDIAN RIVER COUNTY HOSPITAL DISTRICT has
officially indicated to INDIAN RIVER COUNTY that its ultimate
sewer needs will not exceed 400,000 gallons per day; and
WHEREAS, the CITY OF VERO BEACH has requested that INDIAN
RIVER COUNTY formally allocate part of the sewer allocation
available under the January 11, 1973 Agreement to the INDIAN RIVER
COUNTY HOSPITAL DISTRICT; and
WHEREAS, the allocation by the COUNTY to the INDIAN RIVER
- M M
COUNTY HOSPITAL DISTRICT is deemed necessary to consummate certain
other agreements with the CITY OF VERO BEACH;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That the Board
hereby authorizes the allocation of 400,000 gallons per day sewer
capacity to the INDIAN RIVER COUNTY -HOSPITAL DISTRICT pursuant
to the terms of the January 11, 1973 Agreement, as amended,
and the April 17, 1975 Tripartite Agreement; and
BE IT FURTHER RESOLVED that in the event the INDIAN RIVER
COUNTY HOSPITAL DISTRICT'S prepared utility study indicates that
the maximum needs for the HOSPITAL'S demand on the CITY OF VERO
BEACH for sewer capacity shall be less than 400, 000 gallons per
day, then and in that event, this Resolution may be amended by
INDIAN RIVER COUNTY to reflect the actual needs of the INDIAN RIVER
COUNTY HOSPITAL DISTRICT. Any difference between the HOSPITAL'S
actual needs and the 400,000 gallons per day allocation shall be
made available to the COUNTY and reallocated by the COUNTY.
Said Resolution shall become effective as of the 10th
day of September , 1980.
Attest:
Freda Wright, Clerkj
SEP 101980
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
i
By
Willard W Siebert, Jr., C •airman
BOOK FAU
_I
SEP 10 1980 Box 44 PAGE
547
STATUS REPORT - GIFFORD,SEWAGE TREATMENT PLANZ
ENGINEER JOHN ROBBINS REPORTED THAT HE RECEIVED A COPY OF
THE ENGINEERING REPORT ON THE SOILS AT THE PROPOSED GIFFORD SEWAGE
TREATMENT PLANT SITE AND HAS BEEN REVIEWING THIS WITH MR. BOSTWICK
OF THE DER ALL MORNING. BASICALLY, THE REPORT INDICATES THAT THE
SOIL IS SUITABLE FOR PERCOLATION PONDS, WHICH IS OF GREAT INTEREST
BECAUSE THIS TYPE OF EFFLUENT DISPOSAL REQUIRES LESS LAND. HE CON-
TINUED THAT HE HAS DONE A PRELIMINARY DESIGN FOR INSTALLATION OF ONE
100,000 GPD PLANT AND TWO EFFLUENT DISPOSAL PONDS, WHICH WOULD HANDLE
UP TO 100,000 GPD EACH. MR. ROBBINS NOTED THAT THE DER RECOMMENDS
A BACKUP POND, AND HE FELT THERE IS EVEN ROOM FOR A THIRD POND TO
HANDLE UP TO 100,000 GPD. HE INFORMED THE BOARD THAT SHOULD THE
PLANT AT PEBBLE BAY BE TAKEN OUT OF SERVICE, IT COULD BE RELOCATED
TO GIFFORD, AND WITH MODIFICATION, YOU COULD HAVE TWO 100,000 GPD
PLANTS OPERATING PARALLEL.
MR. ROBBINS CONTINUED THAT, BY ROUGH CALCULATION, WE NEED
ABOUT 12 ACRES OF LAND THE DER RECOMMENDS THAT THE WATER TREATMENT
PLANT ON THE PROPOSED SITE BE ABANDONED, AND MR. ROBBINS' RECOMMENDA-
TION WOULD BE TO ABANDON THE PLANT AND PLUG THE WELL. HE NOTED THAT
IF THE COUNTY WANTS TO GO AHEAD ON THIS SCHEME, WE NEED TO WRITE
REQUESTING THE RELOCATION, SEND IN THE SOILS REPORT, AND KEEP IN
MIND THAT THE DER WILL KEEP US TO THE ORIGINAL CONSTRUCTION SCHEDULE
ON THE FIRST PERMIT ISSUED, WHICH HAS ABOUT FIVE MONTHS LEFT. MR.
ROBBINS REPORTED THAT HE HAS INCLUDED IN THE 12 ACRES ENOUGH BUFFER
TO ALLOW THE ADJOINING OWNER FULL USE OF HIS LAND. HE RECOMMENDED
THAT THE ATTORNEY BE AUTHORIZED TO NEGOTIATE AND FELT WE NEED A
LETTER OF INTENT.
COMMISSIONER LYONS FELT THAT IN ORDER TO AVOID ANY PROBLEM,
WE SHOULD LET THE PUBLIC KNOW AS RAPIDLY AS POSSIBLE THAT THIS IS
THE SITE WE PLAN TO USE, AND HE WOULD LIKE TO ADVERTISE AND HAVE A
PUBLIC HEARING.
ATTORNEY COLLINS FELT THERE WILL BE PLENTY OF TIME TO DO
THAT AFTER THE CONTRACT IS SIGNED. HE INQUIRED ABOUT THE PROBLEMS
INVOLVED IN GETTING WATER TO THAT SITE.
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MR. ROBBINS REPORTED THAT WE HAVE WATER DISTRIBUTION SYSTEMS
SOUTH OF LINDSEY ROAD, AND HIS RECOMMENDATION WOULD BE TO EXTEND A
LINE LARGE ENOUGH FOR A FIRE HYDRANT AT THE ENTRANCE TO THE PROPERTY.
HE DID NOT THINK THERE ARE EXISTING WATER METERS ON THE MOBILE HOMES;
THEREFORE, HE WOULD RECOMMEND A MASTER METER AT THE PROPERTY ENTRANCE
SO MR, HARDEE COULD CONTINUE TO CHARGE HIS CUSTOMERS AS HE DOES NOW
AND THE COUNTY COULD CHARGE ONE PERSON.
COMMISSIONER LYONS NOTED THAT IF THE CHARGE IS PART OF THE
RENT, THAT IS ONE MATTER, BUT IF MR. HARDEE CHARGES FOR WATER, THAT
IS A DIFFERENT SITUATION.
ATTORNEY COLLINS FELT IT DEPENDS ON WHETHER IT IS AN EXIST-
ING USE, BUT FELT WE PROBABLY WILL HAVE TO ISSUE A FRANCHISE TO BE
CONSISTENT. HE COMMENTED THAT THE BOARD WOULD BE AUTHORIZING HIM
AND ENGINEER ROBBINS TO MOVE AHEAD AND NEGOTIATE FOR PURCHASE WITH
THE UNDERSTANDING THAT WE WILL DISCONNECT THE WATER. HE ASKED IF WE
ARE FIGURING TO PROVIDE THE SEWER SERVICE FOR MR. HARDEE OR WHETHER
HE WILL CONTINUE WITH HIS OWN SYSTEM.
ENGINEER ROBBINS BELIEVED THAT THE DER WILL BE LOOKING FOR
US TO TAKE THAT PLANT OUT OF SERVICE, AND ATTORNEY COLLINS NOTED THAT,
IN THAT EVENT, WE WILL BE NEGOTIATING WITH TAP -ON FEES, ETC,
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO PROCEED WITH
NEGOTIATIONS TO PURCHASE THE SUBJECT PROPERTY FROM WELLFORD HARDEE
FOR A SITE FOR THE GIFFORD SEWAGE TREATMENT PLANT; AUTHORIZED A
SURVEY AND AN APPRAISAL OF SAID PROPERTY; AND INSTRUCTED THAT THE
ADJACENT LAND OWNERS BE NOTIFIED AFTER THE CONTRACT IS EXECUTED.
ENGINEER ROBBINS STATED THAT HE WOULD LIKE AUTHORIZATION
TO INFORM THE DER OF OUR PROGRAM, AND THE BOARD FELT HE ALREADY
WAS AUTHORIZED TO DO S0,
MR. ROBBINS THEN DISCUSSED OBTAINING AN EASEMENT OR DEDI-
CATED RIGHT-OF-WAY SO COUNTY CREWS WOULD HAVE DIRECT ACCESS TO THE
PLANT, AND COMMISSIONER LYONS BELIEVED THE LAYOUT IS SUCH THAT THIS
WOULD PRESENT NO PROBLEM.
MR, ROBBINS ASKED IF HE SHOULD PROCEED TO START SITE PLAN
LAYOUTS OR WAIT FOR A LETTER OF INTENT, AND ATTORNEY COLLINS DID
NOT FEEL HE SHOULD PROCEED BEFORE WE HAVE THE CONTRACT SIGNED.
SEP 10198Q 112 BnoK 44 Enuz 54&
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SEP 101980 800f 44 PAGE 549
MR. ROBBINS EMPHASIZED THAT WE MUST MOVE QUICKLY BECAUSE
WE HAVE TO CONSTRUCT THE PLANT WITHIN A CERTAIN TIME FRAME. HE
NOTED THAT THE DER HAS BEEN LENIENT SO FAR, AND HE BELIEVED THEY
WILL CONTINUE TO BE AS LONG AS WE ARE MOVING FORWARD.
UPDATE ON STATUS OF 201 PLAN AND PETITION FOR EXEMPTION RE IMPOUNDMENTS
ENGINEER ROBBINS REQUESTED THAT A REPORT ON THE STATUS OF
THE 201 PLAN AND THE PETITION FOR EXEMPTION BE ADDED TO THE AGENDA.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
Loy, THE BOARD UNANIMOUSLY ADDED THE EMERGENCY ITEM REQUESTED BY
ENGINEER ROBBINS TO THE AGENDA.
MR. ROBBINS EXPLAINED THAT BASICALLY WHAT WE WISH TO DO
IS UTILIZE VISTA ROYALE AS A PILOT PLAN, DEMONSTRATE COMPARABILITY,
AND GET THE DER TO ISSUE A PETITION BASED ON DATA COLLECTION. HE
REPORTED THAT HE DID SEND A WRITTEN COPY OF A MONITORING AND SAMPLING
PROGRAM TO THE DER AND DISCUSSED THIS WITH MR. BOSTWICK THIS MORNING.
MR. BOSTWICK ENDORSED 100% THE CONCEPTUAL IDEA OF OUTLINING THE
PROGRAM, GETTING HIS CONCURRENCE, AND THEN GOING TO TALLAHASSEE AND
GETTING FORMAL APPROVAL OF THE WATER QUALITY SECTION. AS TO A TIME-
TABLE, MR. BOSTWICK INDICATED THAT HE WOULD TRY TO GET THIS RESOLVED
BY OCTOBER 1ST, BUT WAS NOT SURE HE COULD. MR. ROBBINS NOTED THAT
MR, BOSTWICK FELT ENDORSEMENTS FROM THE LOCAL MOSQUITO CONTROL AND
GAME AND FISH COMMISSIONS WOULD BE HELPFUL IN GETTING THIS MATTER
MOVED ALONG QUICKLY. HE INFORMED THE BOARD THAT HE HAS CONTACTED
BRIAN BARNETT OF THE GAME AND FISH COMMISSION AND ALREADY HAS A
LETTER FROM .JOHN BEIDLER OF MOSQUITO CONTROL.
COMMISSIONER LYONS INQUIRED ABOUT THE OFFER MADE BY THE
GAME AND FISH COMMISSION TO DONATE THEIR SERVICES IN COLLECTING DATA.
MR, ROBBINS INFORMED THE BOARD THAT HE HAD HEARD FROM THEM
THAT IF THE COUNTY WOULD BUY A $1,000 HACH KIT, BRIAN BARNETT WOULD
DO ALMOST ALL OF THE DATA COLLECTION HIMSELF. MR. BOSTWICK OF THE
DER, HOWEVER, PREFERRED THAT WE NOT USE THAT TYPE OF ANALYTICAL
DEVICE, BUT GO THROUGH A FULLY RECOGNIZED LABORATORY INSTEAD. MR.
ROBBINS STATED THAT HE DID NOT FEEL WE WOULD WANT TO DO ANYTHING
THAT WOULD RAISE ANY DOUBTS, AND THE OTHER LABORATORY SERVICE WE
PREVIOUSLY DISCUSSED WOULD BE FINE. THE BOARD AGREED.
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AUTHORITY TO FILE CROSS APPEAL AND HIRE APPELLATE ATTORNEY RE
ANNEXATIONS BY INDIAN RIVER SHORES
ATTORNEY COLLINS INFORMED THE BOARD THAT WE NOW HAVE THE
BRIEF IN FROM THE APPELLATE COURT ON THE INDIAN RIVER SHORES ANNEXA-
TIONS, AND BASICALLY IT IS PRETTY MUCH THE SAME ARGUMENTS THAT WERE
MADE AT THE ORIGINAL SUMMARY JUDGMENT HEARING. HE CONTINUED THAT
LATELY WE HAVE TAKEN THE POSITION THAT THE ANNEXATIONS, IF THEY ARE
VOID, ARE VOID AS TO ALL THE PROPERTIES, NOT JUST THOSE OWNED BY
THE COUNTY, AND FOR THAT REASON, HE FELT IT WOULD BE APPROPRIATE
TO FILE A CROSS APPEAL REQUESTING THE DISTRICT COURT TO OVERRULE THE
JUDGES SUMMARY JUDGMENT ORDER WHERE HE LIMITED IT JUST TO THE
COUNTY PROPERTY. ATTORNEY COLLINS THEN REPORTED THAT INDIAN RIVER
SHORES HAS HIRED A COUNSEL OUT OF PALM BEACH, WHO BASICALLY DOES
NOTHING BUT APPELLATE WORK, AND THE BRIEF HAS REQUESTED ORAL ARGU-
MENTS. ATTORNEY COLLINS, THEREFORE, SUGGESTED THAT THE COUNTY HIRE
A PALM BEACH APPELLATE FIRM TO ARGUE THAT CASE ORALLY ON BEHALF OF
THE COUNTY AND TO REVIEW THE BRIEFS. HE INFORMED THE BOARD THAT HE
HAS CONTACTED SOME FIRMS AND HAS A RECOMMENDATION - THIS COUNSEL S
FEES WOULD BE $75.00 AN HOUR WHILE THE COUNTY ATTORNEYS ARE BASICALLY
$60.00 AN HOUR, HE NOTED THAT HIS FIRM STILL WOULD DO MOST OF THE
WORK; THE APPELLATE COUNSEL WOULD REVIEW THEIR WORK, MAKE THE ADDI-
TIONAL COMMENTS, AND BE INVOLVED IN THE ARGUMENTS. ATTORNEY COLLINS
STATED THAT HE IS LOOKING FOR TWO THINGS: APPROVAL TO FILE THE CROSS
APPEAL AND AUTHORIZATION TO HIRE ADDITIONAL COUNSEL,
APPEAL.
COMMISSIONER LYONS ASKED WHAT THE REASON WAS FOR THE CROSS
ATTORNEY COLLINS EXPLAINED THAT THE COUNTY IS ABOUT TO
ACQUIRE ADDITIONAL LANDS THAT ALSO WOULD BE AFFECTED BY THE SAME
THING, AND IF WE CAN HAVE THIS COURT ENTER AN ORDER THAT THAT IS OUR
PROPERTY, WE CAN SAVE OURSELVES FUTURE LITIGATION.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, THE BOARD UNANIMOUSLY AUTHORIZED THE ATTORNEY TO FILE THE
CROSS APPEAL AS DISCUSSED AND TO HIRE ADDITIONAL COUNSEL TO ASSIST
WITH THE APPELLATE WORK AS ABOVE.
114
SEP 101980
Boa: 44 F►�G% 550-
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SEP 101980 Booz 44 PAGE 551
REPORT ON RESOURCE WATER SURVEY
COMMISSIONER LYONS INFORMED THE BOARD THAT THE U.S.
GEOLOGICAL SERVICE AND THE WATER MANAGEMENT DISTRICT HAVE GOTTEN
TOGETHER ON A DEAL TO MAKE IT POSSIBLE TO HAVE A NEW RESOURCE
WATER SURVEY, AND HE FELT IT IS POSSIBLE THE WATER MANAGEMENT
DISTRICT WOULD PAY HALF THE LOCAL CONTRIBUTION TO THIS STUDY. HE
NOTED THIS STUDY COULD INCLUDE A NUMBER OF THINGS,NOT INCLUDED
IN THE OLD STUDY, SUCH AS SOME OF THE EFFECTS OF SEPTIC TANK EFFLU-
ENT; THIS WOULD GIVE US AN OPPORTUNITY TO UPDATE THE OLD STUDY.
101=12rallnum
THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING
BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED
AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND
NOS. 67042 - 67184 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 BONDS BEING LISTED IN THE SUPPLEMENTAL
MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR,
REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF
THESE MINUTES.
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED
AND CARRIED, THE BOARD ADJOURNED AT 4:35 O'CLOCK P.M.
ATTEST:
CL -
CLERK C AIRMAN
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