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HomeMy WebLinkAbout10/22/1980 (3)OCT 2 21900 SOX 45 76 WEDNESDAY, OCTOBER 22, 1980 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ACTING AS THE DISTRICT BOARD OF FIRE COMMISSIONERS OF THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT, MET AT CITY HALL COUNCIL CHAMBERS, 1053 20TH PLACE, VERO BEACH, FLORIDA, ON WEDNESDAY, OCTOBER 22, 1980, AT 3:51 O'CLOCK P.M. PRESENT WERE WILLARD W. SIEBERT, JR., CHAIRMAN; ALMA LEE Loy, VICE CHAIRMAN; WILLIAM C. WODTKE, JR.; AND PATRICK B. LYONS. ABSENT WAS R. DON DEESON DUE TO A DEATH IN HIS FAMILY. ALSO PRESENT WERE GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; AND VIRGINIA HARGREAVES, DEPUTY CLERK. THE CHAIRMAN CALLED THE MEETING TO ORDER. CITY OF VERO BEACH FINANCE DIRECTOR TOM NASON REPORTED THAT A MEETING WAS HELD WITH SOUTHERN-KELTON & ASSOCIATES IN REGARD TO AN AGREEMENT WITH THE FIRE DISTRICT. THE AGREEMENT THEY PROPOSED IS VERY SIMILAR TO THE ONE THE COUNTY PREVIOUSLY HAD WITH THEM, AND IT PROVIDES FOR CONSULTING SERVICES RE LOCATION OF THE NEW FIRE STATIONS, DESIGN, ETC. MR. NASON STATED THAT IT IS THE RECOMMENDATION OF THE ADVISORY COMMITTEE THAT A CONTRACT BE APPROVED WITH SOUTHERN- KELTON IN AN AMOUNT NOT TO EXCEED $5,000. IT WAS FURTHER RECOMMENDED Y.N RESPONSE TO COMMENTS FROM THE CITY ATTORNEY THAT A SPECIFIC PERSON BE DESIGNATED AS THE SOLE SOURCE FROM WHICH MR. KELTON WOULD BE DIRECTED, AND IT WAS SUGGESTED THAT THE CHAIRMAN OF THE GOVERNING BOARD BE DESIGNATED AS THAT PERSON. HE CONTINUED THAT THE SECOND MODIFICATION IN THE AGREEMENT WAS TO CLARIFY THE WORDING RE THE CHARGES AND MAKE IT "UP TO $300 PER DAY" AND TO SET OUT THAT THE EXPENSES WOULD BE IN ACCORDANCE WITH FLA. STAT. 112.061, IT WAS THE UNANIMOUS POSITION OF THE ADVISORY COMMITTEE THAT THE GOVERNING BOARD CONSIDER THIS. MR. NASON NOTED THAT HE DID NOT HAVE THE CONTRACT IN ITS FINAL FORM; IT IS BEING COMPLETED. FUNDAMENTALLY, IT IS THE SAME WITH THE ABOVE MODIFICATIONS. QUESTION AROSE ABOUT A SPECIFIC TITLE FOR MR. NASON, AND HE REPORTED THAT IN ORDER TO DIFFERENTIATE FROM HIS POSITION AS 76 FINANCE DIRECTOR OF THE CITY OF VERO BEACH, HE REQUESTED THE ADVISORY COMMITTEE TO CONSIDER LIVING HIM THE TITLE OF FINANCIAL ADMINISTRATOR FOR THE DISTRICT; THEY AGREED, AND HE RESPECTFULLY REQUESTED THE GOVERNING BOARD'S CONCURRENCE SO HE CAN HAVE A TITLE TO SIGN UNDER WHEN HE SENDS OUT CORRESPONDENCE FOR THE DISTRICT. CHAIRMAN SIEBERT AGREED THAT SHOULD BE THE FIRST ORDER OF BUSINESS. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE GOVERNING BOARD OF THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT UNANIMOUSLY APPROVED A POSITION OF FINANCIAL ADMINISTRATOR FOR THE DISTRICT. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPOINTED THOMAS MASON FINANCIAL ADMINISTRA- TOR FOR THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY APPROVED THE CONTRACT WITH SOUTHERN-KELTON & ASSOCIATES AS RECOMMENDED BY THE ADVISORY COMMITTEE AND AUTHORIZED THE CHAIRMAN TO SIGN AFTER REVIEW BY THE DISTRICT'S ATTORNEY AND FINANCIAL ADMINISTRATOR. SAID AGREEMENT WILL BE MADE A PART OF THE MINUTES WHEN COMPLETED AND RECEIVED. ATTORNEY COLLINS INFORMED THE BOARD THAT BOND COUNSEL HAS SENT DOWN A RESOLUTION FORM, BUT HE DID NOT FEEL IT IS IN FINAL FORM TO BE ADOPTED TODAY. HE ASKED THAT THE BOARD HAVE THE FINANCIAL ADMINISTRATOR REVIEW THIS DOCUMENT SO WE CAN BE IN A POSITION TO ADDRESS IT AT THE NEXT MEETING. COMMISSIONER LYONS REQUESTED THE FINANCIAL ADMINISTRATOR TO BE SURE THAT WHEN THERE ARE JOB OPENINGS THAT THE NOTICE OF THIS GETS TO THE COUNTY AS WELL AS THE CITY AND TO BE SURE THAT WE SET UP A RELATIONSHIP BETWEEN THE TWO PERSONNEL DIRECTORS. OCT 2 2-1980 L_ 77 BDOK 45 PAS . !. OCT 2 2.198o mox 45 PAGE 78 THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD OF COUNTY COMMISSIONERS ACTING AS THE DISTRICT BOARD OF FIRE COMMISSIONERS OF THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT ADJOURNED AT 4:00 O'CLOCK P.M. ATTEST: CLERK THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECONVENED AT 4:01 O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT. w NN.-IMMMMEM MWOUT11513weall_ UTILITIES DIRECTOR GEORGE LINER CAME BEFORE THE BOARD TO REVIEW HIS PROPOSED PRIORITY SYSTEM FOR CONNECTIONS TO THE COUNTY WATER SYSTEM AS SET OUT IN THE FOLLOWING MEMO: MEMORANDUM TO: Neil Nelson, County Administrator FROM: George Liner, Utilities Director SUBJECT: Proposed Priority System for Connections to County Water System. DATE: October 15, 1980 From now until the initial rush of connections are satisfied, there will be a problem determining who should have a connection and when can it be made. The following proposal is offered for consideration as to a logical plan which requires a minimum of confusion or judicious decisions. The following priority is proposed until the system reaches a design demand of 80% of the maximum capacity of the system. When this point is approached or reached, a limited rate of connection will be imposed while the next phase of growth is completed. To do this, the developer will be.limited with a schedule of units vs. connection date (not to be exceeded) set as part of the service agreement. To be considered for connection the customer must be contiguous to existing water mains. Priority levels will be assigned only after service agreements are fully executed and all applicable fees are paid. The priority for connections to be made to the system should be: 1. Where conditions are certified to be an emergency by the Health Depart- ment officials, these cases shall receive top priority; ie. all later priorities will be interrupted for this installation or connection. 2. Chronologically according to the following cases. 2A. Individual customers applying by signing a service agreement and paying appropriate fees.* 2B. Projects that require connection on the County 6th Avenue Force Main and signs agreements complete with fees.* These will be water and sewer customers. This priority will preclude adding "sewer only" customers which should be avoided per Ordinance 80-13. 2C. Projects that require "water only" service that sign agreements complete with fees.* 3. Chronologically (first come, first served) on a request basis - subject to agreement and fees.* 79 BOOK 45 PAGE 9 OCT 2 21980 Box 45 pw 86 4. If the plant capacity is used up before accepted, the developer will be given -the option of having his agreement rescinded and the impact fees refunded, or have the agreement and priority level remain in effect until service can be provided. When these priorities are all satisfied, if there is plant capacity remaining, the same priority schedule shall apply for non-contiguous connections that are economically feasible. The feasbility pertains to extending the water mains according to the Master Utility Plan. George Liner Utilities Director GL/kh cc: John Robbins Joe Collins file * If the fees are escalated during the period the connection is contracted for, the customer will be required to pay the escalated fee prior to making the connection. When a project is developed in phases, the County responsibility shall be limited to servicing only those connections paid in advance. COMMISSIONER WODTKE ASKED ABOUT THE DEFINITION OF AN INDIVIDUAL CUSTOMER AND WHETHER ITEM 2A ALSO WOULD INCLUDE COMMERCIAL. MR. LINER STATED THAT HE CONSIDERED AN INDIVIDUAL CUSTOMER A FAMILY THAT WANTS SERVICE TO THEIR EXISTING HOME, AND UNDER 2P:, HE WAS THINKING IN TERMS OF A FAMILY HOME. COMMISSIONER WODTKE ASKED WHERE COMMERCIAL FITS INTO THIS PRIORITY SYSTEM, AND MR, LINER STATED THAT IF THE COMMERCIAL IS IN EXISTENCE, OR IF IT IS TO BE BUILT, AND THE OTHER PRIORITIES ARE COMPLETED, IT COULD.GET ON THE LIST: HE FELT IT WOULD BE COVERED UNDER 2B AND 2C, AND ALSO UNDER ITEM 3. HE AGREED IT MIGHT CLARIFY MATTERS TO SPECIFY THOSE COMING UNDER 2A AS INDIVIDUAL SINGLE FAMILY. ATTORNEY COLLINS STATED THAT THE INTENT OF THE MID FLORIDA AGREEMENT IS THAT WE HOOK UP CONTIGUOUS PROPERTIES, AND HE FELT THE WORD "CONTIGUOUS" NEEDS TO BE INCLUDED UNDER 2A, I.E., "INDIVIDUAL SINGLE FAMILY CONTIGUOUS PROPERTIES APPLYING..." THE BOARD AGREED. COMMISSIONER WODTKE ASKED IF THE INTENT OF 2A IS TO LIMIT THE APPLICATIONS TO EXISTING BUILDINGS OR WHETHER IT WOULD MAKE A DIF— FERENCE IF THE INDIVIDUAL CUSTOMER APPLIES FOR A SINGLE FAMILY HOME THEY ARE GOING TO BUILD THAT WILL BE CONTIGUOUS TO SOMEONE ALREADY HOOKED UP. 80 MR. LINER STATED THAT HIS INTERPRETATION OF CONTIGUOUS WOULD BE THAT YOU WOULD HAVE TO BE ADJACENT TO A WATER MAIN, AS STATED IN THE NEXT TO LAST SENTENCE OF THE SECOND PARAGRAPH OF HIS MEMO. COMMISSIONER WODTKE ASKED AT WHAT POINT WOULD MR, LINER MAKE A DECISION TO DO A PROJECT UNDER 2B, AND MR. LINER STATED THAT IF ALL THE APPLICANTS WITH HIGHER PRIORITY ARE EXHAUSTED AND WE STILL HAVE RESERVE CAPACITY, THEN WE GO TO THE NEXT PRIORITY. CHAIRMAN SIEBERT COMMENTED THAT SOME MAY NEVER BE CONNECTED, AND MR, LINER STATED THAT HE VISUALIZED THAT THERE WILL BE A RUSH OF EACH KIND OF CATEGORY AT FIRST. HE FELT THAT AFTER THE INITIAL RUSH AND WITH THE REQUIREMENT OF THE IMPACT FEES, WE WILL BE GETTING SOME OF THESE PROJECTS. HE NOTED THAT SOME OF THOSE WHO ARE SEWER ONLY CUSTOMERS ALREADY HAVE EXPRESSED INTEREST. COMMISSIONER WODTKE CONTINUED TO DISCUSS THE SEQUENCE OF HOOK-UPS, NOTING THAT THOSE UNDER 2A WHO MAKE APPLICATIONS WILL BE TAKEN CARE OF FIRST AND THEN YOU GO TO THE NEXT CATEGORY, BUT WISHED TO KNOW HOW IT WOULD BE HANDLED IF, IN THE MEANTIME, MORE APPLICATIONS CAME IN FROM 2A. HE STATED THAT HE HAD FELT THE INTENT WAS TO TAKE OF THE EXISTING HOMES FIRST. SCHEDULES. MR. LINER BELIEVED IT WILL HAVE TO BE WORKED OUT WITH CHAIRMAN SIEBERT STATED THAT HIS INTERPRETATION WAS THAT WE WERE GOING TO TAKE ALL THE APPLICATIONS AND ARRANGE THEM ON A PRIORITY SEQUENCE - FIRST SINGLE FAMILY, NEXT COMMERCIAL AND PROJECTS, ETC., THAT ARE WATER AND SEWER, AND THIRD, THE WATER ONLY. HE FELT IF YOU HAVE GONE THROUGH 2A AND GET TO 2B, BUT GET ANOTHER APPLICATION FROM 2A, THEY WOULD GO TO THE HEAD OF THE PRIORITY LIST. MR. LINER AGREED THAT IS THE FEASIBLE WAY TO DO IT. COMMISSIONER LYONS NOTED THAT WE MUST BE PREPARED TO STAND FIRM, BUT BE CONSISTENT. ATTORNEY COLLINS EXPRESSED CONCERN ABOUT PUTTING OURSELVES IN THE POSITION OF ENTERING INTO DEVELOPER AGREEMENTS BEYOND OUR CAPACITY, AND HE FELT THAT 2B AND 2C LEAVE THIS OPEN. THE ATTORNEY a] OCT 2 21980 600K %p5PAGE O C T ' 2 2 19 80 BooK 45 PACE 82 FURTHER FELT THAT ITEM 4 WHERE MR. LINER TALKS ABOUT TELLING THE DEVELOPER WE DON'T HAVE ANY MORE CAPACITY AND RETURNING HIS MONEY COULD PUT US IN A REAL PICKLE AND THAT IT IS NOT ACCEPTABLE. HE STATED THAT HE WOULD LIKE TO SEE THE BOARD MANDATE THAT AFTER WE REACH A CERTAIN POINT, NO DEVELOPER AGREEMENT WILL BE ENTERED INTO WITHOUT SHOWING THERE IS ADEQUATE CAPACITY TO PROVIDE FOR THEIR NEEDS UP TO THE EXTENT OF THE AGREEMENT. CHAIRMAN SIEBERT AGREED AND FELT WE SHOULD REQUIRE THE DEVELOPER TO BEAR THE COST OF THE DETERMINATION OF WHETHER OR NOT THERE IS ENOUGH CAPACITY. MR. LINER POINTED OUT THAT AS WE APPROACH THE NUMBER OF UNITS WE KNOW WE CAN SERVICE, ANYONE WHO CAME IN FOR MORE GALLONS THAN WE WOULD HAVE, WOULD BE TURNED DOWN. HE BELIEVED THAT WE ALREADY HAVE THE MECHANISM TO DETERMINE THIS. HE NOTED THAT WITH THE 600,000 GPD WATER ALLOCATION, WE CAN HAVE ABOUT 400 MORE UNITS BEFORE WE HAVE OUR OWN PLANT IN OPERATION, AND AS WE GET CLOSE TO THAT AMOUNT, WE COULD MODIFY THAT NUMBER ACCORDING TO ACTUAL EXPERIENCE AND DEMAND, ADMINISTRATOR NELSON AGREED THAT THIS JUST INVOLVES SIMPLE ARITHMETIC. ENGINEER ROBBINS ASSURED THE BOARD THAT KEEPING UP WITH THE BOOKS ON THE NUMBER OF UNITS AVAILABLE IS QUITE SIMPLE. COMMISSIONER WODTKE POINTED OUT THAT THE SECOND PARAGRAPH OF THE MEMO STATES THAT WHEN THE SYSTEM REACHES A DESIGN DEMAND OF HO% OF MAXIMUM CAPACITY OF THE SYSTEM, A LIMITED RATE OF CONNECTION WILL BE IMPOSED, AND ATTORNEY COLLINS INFORMED HIM THAT WE ARE CLOSE TO THAT POINT RIGHT NOW. ATTORNEY COLLINS SUGGESTED THAT A TIME BE SET, PERHAPS THREE MONTHS, TO ADVERTISE IN THE PAPER THAT CONTIGUOUS SINGLE FAMILY RESIDENCES WILL HAVE AN OPPORTUNITY TO APPLY, AND OTHER EXISTING STRUCTURES; THEN AFTER THREE MONTHS, WE WOULD DRAW THE LINE AND SEE HOW MUCH ADDITIONAL CAPACITY IS AVAILABLE AND THEN PUT IT OUT TO DEVELOPERS TO THE EXTENT THAT WE CAN SERVICE. m DISCUSSION FOLLOWED ON REDRAFTING THE AGREEMENT TO INCLUDE THE THINGS DISCUSSED, AND IT WAS FELT THAT FOR THREE MONTHS WE WOULD SAY EXISTING CONTIGUOUS SINGLE FAMILY RESIDENCES CAN MAKE APPLICATION AND OTHER EXISTING CONTIGUOUS STRUCTURES, AND IN THE SECOND THREE MONTHS, WE WOULD CONSIDER ANYONE IN THAT SAME CATEGORY WHO DIDNIT APPLY PREVIOUSLY, PLUS DEVELOPERS WHO COULD BE SERVICED, AND IF IN THAT THREE MONTH PERIOD ALL THE CAPACITY IS USED UP, THERE WOULD BE NO ADDITIONAL CONNECTIONS AVAILABLE FOR 6TH AVENUE. ATTORNEY COLLINS AGREED THAT WAS A PROPER SEQUENCE AND NOTED THAT PREFERENCE COULD BE GIVEN TO SEWER AND WATER CUSTOMERS, COMMISSIONER WODTKE COMMENTED THAT, IN ESSENCE, WE WOULD HAVE NO MORE SEWER CUSTOMERS, AND ATTORNEY COLLINS FELT THIS WAS NOT NECESSARILY SO BECAUSE THERE ARE ALTERNATE WATER SUPPLIES AND THERE IS NOTHING TO SAY WE COULDN'T HOOK THESE PEOPLE UP AS SEWER CUSTOMERS, ALTHOUGH WE WOULD PREFER TO HAVE BOTH WATER AND SEWER. COMMISSIONER WODTKE NOTED THAT THERE WONT BE ANY INDIVIDUALS FOR WATER AND SEWER UNLESS THEY PUT IN LIFT STATIONS, AND SINGLE FAMILY LIFT STATIONS ARENIT FEASIBLE. DISCUSSION AROSE ABOUT TROPIC GROVES, AND THE ATTORNEY DID NOT SEE HOW A PROJECT SUCH AS THAT CAN BE ADDRESSED UNTIL THE NEW PLANT IS ON LINE. AFTER FURTHER CONVERSATION, CHAIRMAN SIEBERT DIRECTED UTILITY DIRECTOR LINER TO WORK WITH ATTORNEY COLLINS ON REDRAFTING THE PRIORITY SYSTEM FOR WATER CONNECTION AS DISCUSSED. WASTEWATER SERVICE AGREEMENT BETWEEN THE CITY OF VERO REACH, TOWN OF INDIAN RIVER SHORES AND INDIAN RIVER COUNTY COMMISSIONER LYONS REPORTED THAT PART OF THE AGREEMENT IS THAT THE TOWN DISMISSES THE SUIT AGAINST THE COUNTY FOR SEWER SERVICE. HE NOTED THE PERTINENT PART OF THE AGREEMENT IS FOUND STARTING AT PARAGRAPH 6, WHICH SPECIFICALLY DESIGNATES THE AREAS TO BE COVERED, INCLUDING THE "TRACKING STATION" AS SHOWN IN EXHIBIT "A"; HE FELT THE NEXT THING OF SPECIFIC IMPORTANCE IS AT THE BOTTOM OF PARAGRAPH 7 ON PAGE 3 WHERE THE CITY AGREES TO ACCEPT TITLE TO WASTEWATER FACILITIES. LIFT STATION, ETC., ONLY AFTER CONDITIONS ARE FULLY COMPLIED WITH TO THE SATISFACTION OF THE CITY. COMMISSIONER LYONS CONTINUED THAT ORIGINALLY IT WAS PROVIDED THAT IF THE TOWN DID NOT CONSTRUCT THE SpOK 45 PACE �73 OCT 2 2 X980 �3 J OCT 2 21900 Boa 45 PAGE 84 SEWER LINE BETWEEN PEBBLE BAY LIFT STATION AND THE NORTH LIMITS OF VERO BEACH THAT, AT A TIME .THECOUWU FOUNDS- AUSFACTiO6?Y , WE WOULD RUN A F" LINE FOR OUR PURPOSES, BUT IT WAS FINALLY DETERMINED TO HANDLE IT SO THAT IF THE TOWN PUTS IN A LINE BIG ENOUGH TO HANDLE THE TOTAL 400,000 GPD, THE COUNTY WILL PAY TO THE TOWN THE COST OF RUNNING A 6" LINE; IF THE TOWN IS DELAYED AND THE COUNTY WANTS TO PROCEED, WE WOULD CONSTRUCT A LINE BIG ENOUGH TO HANDLE THE 440,000 GPD, AND THE TOWN WOULD PAY THE DIFFERENCE BETWEEN THAT COST AND THE COST FOR A 6" LINE. THE ALLOCATION TO THE CITY FOR THE COUNTY AREA IS A PERMANENT ALLOCATION, AND THIS BECOMES A SERVICE AREA OF THE CITY. THE ALLOCATION AS FAR AS THE TOWN OF INDIAN RIVER SHORES IS CONCERNED HAS A TIME LIMIT. COMMISSIONER LYONS NOTED THAT IN PARAGRAPH 9, WE SPECIFICALLY OUTLINED THE PACKAGE TREATMENT PLANTS OR LOCAL SEWER ARRANGEMENTS THAT WOULD GO OUT OF BUSINESS AND THE SEQUENCE IN WHICH THEY WOULD BE SERVED. HE FURTHER NOTED THAT IN ITEM 1.0, THE TOWN AND COUNTY AGREE TO PAY THE CITY A CONNECTION CHARGE OF $187.50 FOR EVERY UNIT THAT IS CONNECTED AT THE PRESENT TIME. COMMISSIONER LYONS COMMENTED THAT WE HAVE GOTTEN PAST ONE OF THE MAIN ARGUMENTS AND HAVE GOTTEN THE CITY TO AGREE TO TAKE THE SEWAGE AT THE CITY LINE RATHER THAN HAVING US PAY FOR THE LINE ALL THE WAY BACK TO THE SEWER PLANT. HE FELT THIS IS VERY IMPORTANT. HE INFORMED THAT BOARD THAT HE HAS SOME DISAGREEMENT WITH OUR OWN ATTORNEY AS TO WHO PAYS THE $187.50 CONNECTION FEE, AND IT IS HIS FEELING THAT THE COUNTY SHOULD PAY FOR THOSE CUSTOMERS WHO WERE CONNECTED TO THE COUNTY'S SEWER SYSTEM WHILE ANY CUSTOMERS WHO ARE CONNECTED TO THEIR OWN PRIVATE SYSTEM WHICH WE TAKE OUT OF BUSINESS SHOULD PAY THE $187.50 DIRECTLY. THIS REALLY DOESN'T COME INTO THE AGREEMENT, BUT COMMISSIONER LYONS JUST WISHED TO MENTION IT. COMMIS- SIONER LYONS STATED THAT THIS AGREEMENT HAS BEEN THE SUBJECT OF MANY, MANY MEETINGS, AND HE FEELS IT IS ABOUT THE BEST WE CAN DO. HE WISHED TO THANK FRITZ GIERHART FOR HIS HELP AND RECOMMENDED THAT THE BOARD ACCEPT THIS AGREEMENT. Elm MOTION WAS MADE BY COMMISSIONER LYONS THAT THE COUNTY ACCEPT THE WASTEWATER SERVICE AGREEMENT WITH THE CITY OF VERO REACH AND TOWN OF INDIAN RIVER SHORES AND AUTHORIZE THE CHAIRMAN'S SIGNATURE. ATTORNEY COLLINS REPORTED THAT CITY ENGINEER ROBERT LLOYD IS WORKING ON EXHIBIT "A". FLORIDA INSTITUTE OF TECHNOLOGY WILL RE- MAIN THE TOWN'S RESPONSIBILITY,AND THE TRACKING STATION PARK WILL BE THE COUNTY'S RESPONSIBILITY. EXHIBIT "B" SETS OUT CORRECTIVE ACTION THAT NEEDS TO BE TAKEN IN THE PEBBLE BAY SYSTEM. ATTORNEY COLLINS STATED THAT HE HAS NOT SEEN THE COMPLETE EXHIBITS YET, AND HE SUG- GESTED THAT THE MOTION SHOULD BE SUBJECT TO THE APPROVAL BY COMMIS- SIONER LYONS OR THE ATTORNEY AND THE UTILITY DIRECTOR OF EXHIBITS "A" AND "B" AFTER STAFF REVIEW. COMMISSIONER LYONS STATED THAT HE WOULD AMEND HIS MOTION. MOTION.WAS MADE BY COMMISSIONER LYONS, SECONDED BY COMMIS- SIONER Loy, TO APPROVE THE WASTEWATER SERVICE AGREEMENT WITH THE CITY OF VERO BEACH AND THE TOWN OF INDIAN RIVER SHORES AND AUTHORIZE THE SIGNATURE OF THE CHAIRMAN, SUBJECT TO THE APPROVAL OF FXHIBITS "A" AND "B" BY COMMISSIONER LYONS, THE ATTORNEY AND THE UTILITY DIRECTOR AFTER STAFF REVIEW. COMMISSIONER WODTKE BROUGHT UP THE UNINCORPORATED ENCLAVE MENTIONED IN PARAGRAPH 9; ATTORNEY COLLINS STATED THAT THIS WILL BE INCLUDED IN THE TOWN'S ALLOCATION. COMMISSIONER WODTKE POINTED OUT THAT IT STATES THAT ALLOCA- TION IS AS THE TOWN DETERMINES THE ALLOCATION, AND ATTORNEY COLLINS FELT THEY HAVE TO TREAT THE ENCLAVE PROPERTY CONSISTENT WITH ALL OTHER PROPERTIES WITHIN THE TOWN'S LIMITS. HE STATED THAT THEY TRIED TO DRAFT AN AGREEMENT WHEREBY IF THAT ENCLAVE WERE DEVELOPED ON THE SAME LEVEL AS THE REST OF THE TOWN, IT WOULD RECEIVE THE SERVICES. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. SAID AGREEMENT WITH THE CITY OF VERO BEACH AND THE TOWN OF INDIAN RIVER SHORES RE WASTEWATER SERVICE WILL BE PUT ON FILE IN THE OFFICE OF THE CLERK WHEN COMPLETED AND RECEIVED. BOOK 45 � PAGE 85 OCT 2 21980 O CI 2 2 19Baox 45 PmE 86 ADMINISTRATOR NELSON NOTED THAT COMMISSIONER LYONS DESERVES AN AWARD FOR PERSISTENCE IN OBTAINING THIS AGREEMENT, AND THE BOARD AGREED. ENGINEER ROBBINS NOTED THAT HE HAD BEEN PUT ON A TEMPORARY HOLD TO REVISE THE ENGINEERING PLANS OF THE SEWER LINE DOWN INTO INDIAN RIVER SHORES SUBJECT TO THE OUTCOME OF THE FOREGOING AGREEMENT. HE ASKED IF HE SHOULD CONTINUE TO HOLD OR PROCEED WITH THE 6" LINE. COMMISSIONER LYONS COMMENTED THAT WE HAVE TO KNOW WHAT THE 6" LINE WILL COST, AND MR. ROBBINS STATED THAT HE HAS THAT IN- FORMATION. COMMISSIONER LYONS BELIEVED THERE SHOULD BE THREE-WAY COMMUNICATION BETWEEN THE CITY, TOWN AND COUNTY TO GET STRAIGHT ON WHAT THE SIZE OF THE LINE IS GOING TO BE. ENGINEER ROBBINS STATED THAT HE WILL CONTINUE TO WORK WITH UTILITY DIRECTOR LINER. DRAINAGE IN HAEGER HIGHLAND SUBDIVISION - RAY PRESCOTT CHAIRMAN SIEBERT ANNOUNCED THAT THE COMPLAINT RE DRAINAGE IN HAEGER HIGHLAND SUBDIVISION NOW WOULD BE CONSIDERED AS REQUESTED IN THE FOLLOWING LETTER FROM RAY PRESCOTT: - Septe28, 1980 W. W. Siebert, Jr., Chairman Board of County Commissioners Indian River County Vero Beach, Fl 32960 Dear Mr. Siebert: In October 1979, I appeared before the county commission concerning my letter of September 12, 1979, regarding drainage problem and Haeger Highland Subdivision. At the board meeting, the decision was for the county to pursue this matter, as the county attorney stated it should be the countyts responsibility to see that this problem was resolved. However Mr. Jack Jennir{gs felt this was not the responsi- bility of the county. I met with Mr. Jennings and he related the county had no responsibility in this matter. Later I learned that the county did indeed require the developer to construct a road and cut ditches. The ditch on the east side of Haeger Highlands Subdivision was never cut to Citrus Road as reauired. This impaired the normal flow to the west and as the side ditches were cut draining the eastern half of the subdivision to the east, to the area where the designed ditch would carry the water north to Citrus Road. With the ditch construction being totally ignored and subsequently approved by the county, the water from this subdivision now flows onto my property, as related in my letter of last year. I consider this drainage of water onto my property extremely damaging, as well as creating a tremendous health hazard. I consider the county responsible for allowing this to happen. I would appreciate your examining this situation and taking immediate action to correct this inadequate drainage provision. Yours t.r y, Ray Prescott 255 9th Court Vero Beach, F1 32960 CHAIRMAN SIEBERT INFORMED THE BOARD THAT HE HAS DISCUSSED THIS MATTER WITH MR. PRESCOTT AND HAS INFORMED MR. PRESCOTT THAT THE ATTORNEY HAS STATED THE COUNTY HAS NO OBLIGATION IN THIS MATTER, AND FURTHER THAT TWO SIMILAR REQUESTS MADE WHERE DRAINAGE WAS NOT PUT IN PRIVATE SUBDIVISIONS ACCORDING TO THE PLAT WERE DENIED. EON OCT 2 219 80 wx 45 $7 OCT 2 21980 BooK 45 PAGE 88 MR. PRESCOTT COMMENTED THAT HE DOES NOT LIVE IN THE SUBDI- VISION AS THE OTHER COMPLAINANTS DID, AND HE FELT THAT IS A MAJOR DIFFERENCE. COUNTY ADMINISTRATOR NELSON INFORMED THE BOARD THAT THERE IS NO DRAINAGE EASEMENT DRAWN ON THE PLAT, AND MR. PRESCOTT STATED THAT FORMER ADMINISTRATOR JENNINGS HAD SAID THE DEVELOPER HAD TO CUT THE DITCHES AND HAVE THE ROAD BUILT BEFORE THEY WOULD ISSUE PERMITS. LATIONS. CHAIRMAN SIEBERT EXPLAINED THAT IS TRUE UNDER TODAY'S REGU- ADMINISTRATOR NELSON NOTED THAT THIS PLAT WAS PUT ON RECORD AS A MATTER OF CONVENIENCE. THE PROPERTY WAS SOLD BY METES AND BOUNDS, AND THE ONLY WAY THEY COULD GET A BUILDING PERMIT WAS TO HAVE IT RECORDED. THE INGRESS AND EGRESS DOES NOT EVEN MEET REQUIREMENTS, AND THERE IS NO DRAINAGE SHOWN ON THE PLAT; NO DITCHES ARE CUT; AND NONE ARE SHOWN ON THE PLAT. THE ADMINISTRATOR THEN READ ALOUD THE FOLLOWING CERTIFICATION FROM THE PLAT OF HAEGER HIGHLAND SUBDIVISION: CERTIFICATE OF APPROVAL T HE UNDERSIGNED DULY ACCREDITED REPRESENTATIVE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,DOES HEREBY CERTIFY THAT SAID BOARD HAS DETERMINED THAT THE STREETS AND EASEMENTS SHOWN ON THIS PLAT ARE NOT REQUIRED FOR PUBLIC USE AND THAT THEY ARE NOT, AND WILL NOT BE, A PART OF THE COUNTYS SYSTEM OF PUBLIC ROADS; AND SAID BOARD HAS WAIVED A DEDICATION OF THE SAME TO THE PUBLIC, AND HAS APPROVED THIS PLAT.THE STREETS AND EASEMENTS WILL NOT BE IMPROVED OR MAINTAINED BY THE COUNTY UNTIL THERE IS A FORMAL ACCEPTANCE OF THESE STREETS AND/OR EASEMENTS OR ANY PART THEREOF BY THE COUNTY., APPROVED THIS/Z DAY OF ivy ,1975. CFNTY ADMINISTRATOR MR. PRESCOTT STATED THAT IN THE MINUTES OF A PREVIOUS MEETING ON THIS MATTER, THE COUNTY ATTORNEY STATED THAT IT WAS THE RESPONSIBILITY OF THE COUNTY TO PURSUE THIS MATTER, AND HE ASKED IF THE BOARD IS NOW CHANGING THEIR MIND ON THIS. ATTORNEY COLLINS INFORMED HIM THAT THE MINUTES HE READ DID NOT HAVE SUCH A COMMENT IN THEM, AND WHAT THEY DID SHOW WAS THAT HE SUGGESTED THE ADMINISTRATOR TALK TO THE VARIOUS PROPERTY OWNERS AND ORGANIZE THEM FOR A SELF-HELP PROJECT TO TRY TO RELIEVE THE PROBLEM. ADMINISTRATOR NELSON NOTED THAT HE HAD A RECENT CONVERSATION WITH FORMER ADMINISTRATOR KENNINGS, WHO INDICATED THAT THIS PROBLEM WAS NOT THE COUNTY'S RESPONSIBILITY. COMMISSIONER LOY FELT THAT IT HAD BEEN POINTED OUT TO MR. PRESCOTT PREVIOUSLY THAT WE HAVE NEW REGULATIONS NOW TO PREVENT THESE PROBLEMS FROM CONTINUING TO RECUR, MR. PRESCOTT INFORMED THE BOARD THAT HE HAD TO COME BEFORE THE BOARD IN 1974 TO GET A WAIVER TO BUILD A HOUSE IN THIS SAME AREA BECAUSE OF THE ONE ACRE REQUIREMENT. THE BOARD DID NOT FEEL THAT THIS RELATES TO THE MATTER BEING DISCUSSED. COMMISSIONER LYONS POINTED OUT THAT MR. PRESCOTT IS HERE FOR PRECISELY THE REASON THAT THE SUBDIVISION REGULATIONS WERE CHANGED, WHICH WAS BECAUSE PEOPLE HAD MISUNDERSTANDINGS ABOUT THE ROADS, ETC. ATTORNEY COLLINS INFORMED MR. PRESCOTT THAT HE HAS THE RIGHT OF SELF-HELP. MR. PRESCOTT STATED THAT HE INHERITED THE PROBLEM FROM SOMEONE ELSE, AND HE HAD NO PROBLEM UNTIL THEY DID NOT CUT THE DITCHES AND ACTUALLY SLOPED THE DITCHES BACK TO HIS PROPERTY. HE REITERATED THAT IT IS NOT HIS PROBLEM; IT IS SOMEBODY ELSE `S PROBLEM THAT IS CAUSING HIM A PROBLEM. ATTORNEY COLLINS STATED THAT HE DID NOT WISH TO ARGUE WITH MR. PRESCOTT. HE INFORMED THE BOARD THAT ADMINISTRATOR NELSONS RESPONSE WAS ENTIRELY CORRECT AND THAT SHOULD BE THE POSITION OF THE COUNTY. CHAIRMAN SIEBERT COMMENTED THAT HE HAD TOLD MR. PRESCOTT THAT WHEN THE COUNTY ACCEPTS SOMETHING THAT WAS WRITTEN ON A PLAT, HE FELT IT SHOULD BE DONE AS ON THE PLAT, BUT THIS IS NOT A SITUATION WHERE THE COUNTY SIGNED A PLAT AND THE DRAINAGE WAS NOT PUT IN; THE DRAINAGE WAS NOT INCLUDED IN THE PLAT IN THE BEGINNING. ADMINISTRATOR NELSON STATED THAT IT WAS HIS RECOMMENDATION THAT THE COUNTY DO NOTHING IN THIS REGARD. DISCUSSION FOLLOWED IN REGARD TO A VOTE, AND THE ATTORNEY STATED THAT THIS DID NOT REQUIRE ANY ACTION BY THE BOARD. ED BOSCH, A NEIGHBOR OF RAY PRESCOTT, WISHED TO ADDRESS THE BOARD. HE STATED THAT AT A PREVIOUS MEETING SOMEONE ON THE BOARD .! OCT 2 21900 Boa 45 PAGE 89 OCT 2 21980 wx 45 PAGE 90 ASKED THAT THE COUNTY LOOK INTO THE MATTER AND COME BACK WITH WHAT THE COUNTY'S POSITION WAS GOING TO BE WITH RESPECT TO THE EXPENDITURE OF MONEY, ZONING DIRECTOR WALKER APPARENTLY LOOKED INTO THIS AND DETERMINED THE DRAINAGE WAS NEEDED AND THERE WOULD BE A COST IN EXCESS OF $30,000, MR. BOSCH CONTINUED THAT THE CONTRACTOR HAD STARTED TO BUILD DITCHES, AND IN THAT CONSTRUCTION, MOVED THE FLOW FROM THE STREET TO THE REAR PROPERTY LINE AND BROUGHT WATER BACK ONTO THEIR PROPERTY. HE STATED THAT THEY NEVER HAVE RECEIVED ANY FURTHER REPORT FROM THE COUNTY, AND HE FELT THE COUNTY DID HAVE SOME OBLIGATION TO CURE THIS IN ALLOWING THE DEVELOPER TO BRING THE WATER TO THEM. COMMISSIONER LYONS REITERATED THAT THIS IMPROVEMENT WAS NOT REQUIRED OF THE DEVELOPER AT THAT TIME, WHICH WAS WRONG, AND THE COMMISSION, THEREFORE, DEVELOPED NEW REGULATIONS TO CURE THIS PROBLEM. COMMISSIONER LYONS POINTED OUT THAT WHEN ANYONE BUYS PROPERTY, THEY PAY A PROPORTIONATE SHARE FOR THE IMPROVEMENTS DONE ON THE PROPERTY, AND NOTED THAT WHEN MR. PRESCOTT BOUGHT THIS PROPERTY, APPARENTLY HE DID NOT HAVE TO PAY ANY DRAINAGE IMPROVEMENT AND NOW HE HAS TO FACE UP TO THIS COST. MR. BOSCH STATED THAT THEIR WATER IS BEING DRAINED, AND IT IS THE WATER FLOWING OFF OTHER SUBDIVISIONS ONTO THEIR PROPERTY THAT IS CAUSING THE PROBLEM. HE NOTED THAT THEY COULD PUT UP A BARRIER, AND THE ADMINISTRATOR FELT THEY HAVE THAT RIGHT. COMMISSIONER LYONS FELT THIS BECOMES A CIVIL DISPUTE WITH ANOTHER PROPERTY OWNER, AND IT IS NOT A COUNTY RESPONSIBILITY. MR. BOSCH CONTINUED TO ARGUE THAT THEY DO HAVE AN EASEMENT, AND THAT AFTER THE HURRICANE COUNTY ADMINISTRATOR JENNINGS MADE A STATEMENT TO KNIGHT & MATHIS THAT THE COUNTY WOULD BE HAPPY TO DIC A DITCH TO RELIEVE THEIR FLOODING PROBLEMS IF THEY HAD AN EASEMENT. THE BOARD FELT MR. BOSCH IS NOT COMPARING SIMILAR PROBLEMS, AND ATTORNEY COLLINS STATED THAT THE PROBLEM IS COMPOUNDED IN THAT THE EASEMENT MR, BOSCH IS REFERRING TO IS A UTILITY EASEMENT, NOT A DRAINAGE EASEMENT. THERE ARE NO EASEMENTS FOR DRAINAGE ON THE PLAT. DISCUSSION CONTINUED, AND MR. PRESCOTT AGAIN REQUESTED THAT THERE BE A MOTION OF THE BOARD PUT ON RECORD, MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS- SIONER LYONS, THAT THE BOARD ACCEPT THE RECOMMENDATION OF THE ADMINIS- TRATOR AND THE ATTORNEY THAT THE COUNTY DOES NOT HAVE ANY RESPONSI- BILITY IN THIS PROBLEM AND MAKE A COPY OF THE SUBJECT RECORDED PLAT OF HAEGER HIGHLAND SUBDIVISION A PART OF THE RECORD, WITH SPECIAL REFERENCE TO THE CERTIFICATION THAT THE COUNTY HAS NOT ACCEPTED THE ROADS OR EASEMENTS FOR ANY MAINTENANCE OR IMPROVEMENT. COMMISSIONER WODTKE WISHED TO MAKE A FURTHER STATEMENT TO MRS PRESCOTT FOR THE RECORD. HE NOTED THAT THIS PROPERTY IS IN HIS AREA, AND STATED HE WOULD BE HAPPY TO ATTEND A MEETING OF THE PROPERTY OWNERS, EXPLAIN THE SITUATION TO THEM, AND SEE IF THERE IS ANY WAY HE COULD BE OF ANY HELP IN WORKING WITH THEM TO SOLVE THE PROBLEM. HE FELT IF THESE PROPERTY OWNERS ARE CAUSING DAMAGE TO MR. PRESCOTV S PROPERTY BECAUSE OF SOMETHING THEY HAVE DONE, THAT MR. PRESCOTT DOES HAVE SOME RIGHT OF RELIEF, POSSIBLY COURT ACTION. MR. PRESCOTT FELT MEETING WITH THESE OWNERS WOULD BE USELESS BECAUSE MOST OF THEM ARE NOT AFFECTED AND THE COST WOULD BE OVER- WHELMING. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. COPY OF PLAT OF HAEGER HIGHLAND SUBDIVISION IS HEREBY MADE A PART OF THE RECORD. 91 OCT 2 2 1980 I 0 CT"'2 21980 sooK 45 PAm 9Z SECTION LINE CITRV9 R04D IAN RIVER FARMS DRAINAGE DISTRICT 30.0' R/W ,VIM 165.00' 164,85' 6 NE CORNER OF PRMf� �9p/� ! �0e6:' }}.�) NW 1/4 OF SW 1/4 OF E'M P.R.M.CTION 13-33-39J, Imma I IN F qR � • z w iD %Y. I ,c —..ro5.00*----_ o N N • W c� 1 z , 1 K ~i w 9 I w I" w I� F qR � • z w Aa 62.62' A=63.5 d=89'4134' b=9 1826 I a w B 64.86 -•• 0 ' �•j � t0 N z b � a I z _ • T•By. S� 12.50 UTILITY EASE !EN i Off• , SE CORNE NW 1/4 OF ; f p° _ ?. ,_ Y - L7 '- -- •• 165.00 1— P.R.M. 1 Z s4 L! a';,kgdOfAN RIVE!?HEIFHTS-U"IITRC- c4Y }aa3w ' W in -- � o -16500' I�1 N c� ' c o T to I� qR � Aa 62.62' A=63.5 d=89'4134' b=9 1826 I 0 6 5 _ 64.86 -•• I I f .I W: f' LEGAL DESCRIPTION THE EAST 10 ACRES OF THE NORTHWEST 1/4 OFTHE SOUTHWEST 1/4 OF SECTION 13,TOWNSHIP33 SOUTH, RANGE 39 EAST ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2. PAGE 25, ST. LUCIE COUNTY PUBLIC RECORDS, NOW LYING AND BEING IN INDIAN RIVER COUNTY,FLORIDA; LESS ALL EXISTING RIGHTS OF WAY OR EASEMENTS OF RECORD. CERTIFICATE OF APPROVAL THE UNDERSIGNED DULY ACCREDITED REPRESENTATIVE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,DOES -- HEREBY CERTIFY THAT SAID BOARD HAS DETERMINED THAT THE STREETS AND EASEMENTS SHOWN ON THIS PLAT ARE NOT REQUIRED FOR PUBLIC USE AND THAT THEY ARE NOT, AND WILL NOT BE, A PART OF THE COUNTYS SYSTEM OF PUBLIC ROADS; AND SAID BOARD HAS WAIVED ADEDICATION OF THE SAME TO THE PUBLIC, AND HAS APPROVED THIS PLAT.THE STREETS AND EASEMENTS WILL NOT BE IMPROVED OR MAINTAINED BY THE COUNTY UNTIL THERE IS A FORMAL ACCEPTANCE OF THESE STREETS AND/OR EASEMENTS OR ANY PART THEREOF BY THE COUNTY.1, APPROVED THIS/ -7- DAY OF M4ti ,1975. L Y ADMINISTRtyTOR C% r I R; {a ' a ' NOTES: SIDE YARD EASEMENT 6.00 FEET THE STREETS ANDEASEMENTS SHOWN ONTHIS PLATARE NOTDEDICATED TOTHE PUBLIC AND WILL NOT BEA PART OF THE SYSTEM OF PUBLIC ROADS OF INDIAN RIVER COUNTY, FLORIDA, AND THEY WILL NOT BE IMPROVED OR MAINTAINED BY THE COUNTY UNTIL THERE IS A FORMAL ACCEPTANCE OF THESE STREETS AND/OR EASEMENTS OR ANY PART THEREOF, BY THE COUNTY "� p DENOTES PERMANENT REFERENCE MONUMENT Aa 62.62' A=63.5 d=89'4134' b=9 1826 I 0 6 5 _ I I f • T•By. S� 12.50 UTILITY EASE !EN i Off• , SE CORNE NW 1/4 OF ; e 1 p° _ ?. ,_ Y - SECTION , '- -- •• 165.00 4 BS P.R.M. PRM. 19.65 s4 a';,kgdOfAN RIVE!?HEIFHTS-U"IITRC- c4Y }aa3w ' .I W: f' LEGAL DESCRIPTION THE EAST 10 ACRES OF THE NORTHWEST 1/4 OFTHE SOUTHWEST 1/4 OF SECTION 13,TOWNSHIP33 SOUTH, RANGE 39 EAST ACCORDING TO THE LAST GENERAL PLAT OF THE INDIAN RIVER FARMS COMPANY SUBDIVISION AS RECORDED IN PLAT BOOK 2. PAGE 25, ST. LUCIE COUNTY PUBLIC RECORDS, NOW LYING AND BEING IN INDIAN RIVER COUNTY,FLORIDA; LESS ALL EXISTING RIGHTS OF WAY OR EASEMENTS OF RECORD. CERTIFICATE OF APPROVAL THE UNDERSIGNED DULY ACCREDITED REPRESENTATIVE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,FLORIDA,DOES -- HEREBY CERTIFY THAT SAID BOARD HAS DETERMINED THAT THE STREETS AND EASEMENTS SHOWN ON THIS PLAT ARE NOT REQUIRED FOR PUBLIC USE AND THAT THEY ARE NOT, AND WILL NOT BE, A PART OF THE COUNTYS SYSTEM OF PUBLIC ROADS; AND SAID BOARD HAS WAIVED ADEDICATION OF THE SAME TO THE PUBLIC, AND HAS APPROVED THIS PLAT.THE STREETS AND EASEMENTS WILL NOT BE IMPROVED OR MAINTAINED BY THE COUNTY UNTIL THERE IS A FORMAL ACCEPTANCE OF THESE STREETS AND/OR EASEMENTS OR ANY PART THEREOF BY THE COUNTY.1, APPROVED THIS/ -7- DAY OF M4ti ,1975. L Y ADMINISTRtyTOR C% r I R; {a ' a ' NOTES: SIDE YARD EASEMENT 6.00 FEET THE STREETS ANDEASEMENTS SHOWN ONTHIS PLATARE NOTDEDICATED TOTHE PUBLIC AND WILL NOT BEA PART OF THE SYSTEM OF PUBLIC ROADS OF INDIAN RIVER COUNTY, FLORIDA, AND THEY WILL NOT BE IMPROVED OR MAINTAINED BY THE COUNTY UNTIL THERE IS A FORMAL ACCEPTANCE OF THESE STREETS AND/OR EASEMENTS OR ANY PART THEREOF, BY THE COUNTY "� p DENOTES PERMANENT REFERENCE MONUMENT SECOND PUBLIC HEARING - PREAPPLICATION COMMUNITY DEVELOPMENT BLOCK GRANT - 1980-83 THE HOUR OF 5:01 O'CLOCK P.M. HAVING PASSED, THE DEPUTY CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, -TO -WIT: VER® BEACH PRESS-J®URMAL Published Meekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being hi a � �L�/ �'C in the matter of v �2ifd 6 i Tom' in the Court, was pub - fished in said newspaper in the issues of _I "t I // r Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tiserrent; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed bef me is / day of A. D. r �JI'� ►XPi? �/yt .. e (SEAL) OCT 2 2 1,980 (Business Manager) (Clerk of the Circuit Court,, 1 dian River County, Florida) a, PUBLIC HEARING NOTICE Notice is hereby given./that the County Commission of Indian River County will hold a public hearingg on October 22,1980, at 5:01 p.m. in the Council Chambers of Vero Beach City Hall at 1053 20th Place, Vero Beach, Florida, for the purpose of: (1) Informing the citizens of the County's intent to fele a Pre -application for funding under the Small Cities Program of the Housing and Community Development Act of 1974 and 1978 as amended. (2) Explaining the program, approximate funding level, program requirements, and the timing and approval procedures relating to the Pre -application; (3) Obtaining the views of the citizenry regarding community needs and priorities and receiving public input on how tim funds maybe . spent; (4) Explanation of how proposed activities will benefit low and moderate -income families, prevent and eliminate slums and plight, upgrade the neighborhood. environment or improve community services and facilities; and (5) Briefly discussing the accomplishments of past efforts funded with CDBG funds as contained in the status report which will ac- company the Pre -application to be submitted to the Department of Housing A Urban Development (DHUD) by November 17, 1980. Citizens will have an adequate opportunity to participate in the development of any revisions, changes or amendments for ex- penditure of Community Development funds at this public hearing. Board of County Commissioners of Indian River County, Florida By: Willard W. Siebert, Jr., Chairman .Oct.1611980. a, Bou 45 PAGE 93 O CT 2 21980 VERO BEACH PRESS -JOURNAL Published Weekly Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published at Vero ��Beach hi�in .�Indian River County, Florida; that the attached copy of advertisement, being a in the matter oft! &) Zog A, A/ the Court, was pub - fished in said newspaper in the issues of l96 Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Bcach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as sec3nd class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. �J Sworn to and subscribed before a rh' y of ..... . A.D. �jCl l.l�'��t.• \ _ , dB (iness Manager) (SEAL) (Clerk of the Circuit Court, ian River County, Florida) 45 PACE 94 :..' PUBLIC HEARING INIOTIOCE-," i Notice is hereby given that the.County Commission of Indian , River County will hold a public hearing on October 22, 1980 at 5:01 p.m, in the Council Chambers of Vero Beach City Hall at 1053 - 20th Place, Vero Beach, Florida, for the purpose of: ' I (1) Informing the citizens of the County's intent to file a Pre -application for funding under the Small Cities Program of the Housing and Community Develop- ment Act of 1974 and 1978 as amended. (2) Explaining the program, approximate fundirig level, program requirements, and the timing and approval procedures relating to the Pre -application; I ' (3) Obtaining the views of the citizenry regarding com- munity needs and priorities and receiving public in- f put on how the funds may be spent; (4) Explanation of how proposed activities will benefit low and moderate-income'families,-prevent and-".'-!'.--* eliminate slums and plight, upgrade the neighborhood environment or improve community services and facilities; and (5) Briefly discussing the accomplishments of past efforts funded with CDBG funds as contained in the status report which will accompany the Pre -application to be submitted to the Department of Housing & Urban Development (DHUD) by November 17, 1980. Citizens will have an adequate opportunity to participate In the development of any revisions, changes or amendments for expen- diture of Community Development funds at this public hearing. Board of County Commissioners of Indian River County, Florida BY: Willard W. Siebert, Jr., Chairman - October 12, 1980 WWI% COMMUNITY DEVELOPMENT DIRECTOR REGAN CAME BEFORE THE BOARD TO MAKE THE PRESENTATION AND AGAIN REVIEWED THE PROPOSED PROGRAM AND BUDGET, STATEMENT FOR PUBLIC INFORMATION, AND APPLICATION SUMMARY, ALL OF WHICH HAVE BEEN INCLUDED IN THE MINUTES OF THE 10:00 A.M. PUBLIC HEARING. MR. REGAN STATED AS FOLLOWS: In accordance with the Community Development Act of 1974 and 1978, as amended, and the Federal Department of Housing and Urban Development regulations, we are opening this second Public Hearing so that the citizens of Indian River County will have an adequate opportunity to participate in the development of any revisions, changes or amendments to the proposed 1981 Community Development Block Grant Pre -application. The proposed 1981 Pre -application is for a Comprehensive Project to be called the "Southeast Gifford Project." It is to be generally.bounded by U.S. Highway One (U.S. #1) on the west, 38th Lane on the north, 17th Avenue on the east and 37th Street (Barber Avenue) on the south, located in Gifford, Florida. Rehabilitation $ 725,000 Streets 20,000 Park and Playground 15,000 Water Service 35,000 Relocation Assistance 150,000 Administration 138,000 Planning 27,000 Contingencies 60,000 $ 1,170,000 The total project is phased over a three-year period with.the individual projects estimated as follows: 1981 Project 1982' Proj ect 1983 Project $ 321,000 425,000 424,000 $ 1,170,000 It is proposed that the first year amounts reflect a period of "gearing -up" for the three-year comprehensive program while providing immediate improvements to the area. MR. REGAN INFORMED THOSE PRESENT THAT WE HAVE INVESTIGATED A SEWER SYSTEM FOR THIS AREA, AND THE COST WOULD BE AROUND $550,000, WHICH IS PROHIBITIVE. HE CONTINUED THAT HE IS GOING TO INVESTIGATE OBTAINING A WAIVER WITH FMHA OF THEIR SEWER REQUIREMENT IN ORDER TO BRING NEW HOUSING TO THE AREA. 95 OCT 2 2.1980 B60K 45 ' pAcE 95 OCT 2 21990 803 45 PAGE 96 COMMISSIONER LYONS REPORTED THAT THERE WAS A MEETING OF THE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE; THIS PROJECT WAS DIS— CUSSED; AND THEIR RECOMMENDATION WAS TO CONTINUE TO TRY TO GET THIS PROJECT APPROVED AND FUNDED. CHAIRMAN SIEBERT ASKED IF ANYONE PRESENT WISHED TO BE HEARD. A. GROVER FLETCHER OF ROSELAND COMMENTED THAT A STATEMENT HAS BEEN MADE THAT AVAILABLE FUNDING MAY VARY, AND THERE IS NO GUAR— ANTY OF FUNDING. HE ASKED IF ANY PRIORITY HAS BEEN SET AS TO WHICH ITEMS WILL BE FUNDED FIRST. COMMISSIONER LYONS WAS NOT SURE THAT WAS ADDRESSED IN THE COMMITTEE. HE STATED THAT THEY INITIALLY FELT THAT THEY WERE LOOKING AT A PROJECT AS SUCH AND DIVIDING IT INTO A THREE YEAR PROGRAM; HE DID NOT FEEL THEY ANTICIPATED THAT THEY WOULD HAVE LESS THAN THE PROJECT INVOLVED. COMMISSIONER WODTKE LEFT THE MEETING TEMPORARILY AT 5:45 O'CLOCK P.M. MR. FLETCHER NOTED THAT 14% OF THE BUDGET DEALS WITH ADMINIS— TRATION AND PLANNING, AND WAS CONCERNED THAT IF, FOR INSTANCE, WE ONLY RECEIVED 14% FUNDING, WHETHER ONLY ADMINISTRATION WOULD BE FUNDED. COMMISSIONER LYONS BELIEVED IT WOULD BE OBVIOUS WE WOULD NOT SPEND THE 14% ON ADMINISTRATIONIAND HE FELT REHABILITATION IS THE FIRST PRIORITY. COMMUNITY DEVELOPMENT DIRECTOR REGAN EXPLAINED THAT UNDER THE THREE YEAR PROGRAM, AS IT IS BROKEN DOWN, THEY WOULD START FROM BARBER AVENUE WORKING NORTH AND GO AS FAR AS FEASIBLE SO THAT IF THE FUNDING WAS DISCONTINUED FOR ANY YEAR, WE WOULD HAVE ACCOMPLISHED WHAT WAS POSSIBLE IN A GIVEN AREA. COMMISSIONER Loy POINTED OUT THAT WE ARE FOLLOWING THE GUIDELINES THAT HAVE BEEN SENT DOWN TO US; WE WERE INFORMED THAT WE WOULD BE BETTER OFF TO HAVE JUST A ONE SECTION PROJECT AND THAT THE PROJECT SHOULD ENCOMPASS ALL OF THE THINGS SET OUT IN THE APPLICATION. WE ARE TRYING TO WORK WITHIN THE FRAME OF WHAT WAS SENT TO US. we CHAIRMAN SIEBERT NOTED THAT THIS IS A PREAPPLICATION; YOU HAVE TO BE INVITED TO SUBMIT AN APPLICATION; THEY TELL YOU WHAT AMOUNT TO SUBMIT FOR; AND IF IT SHOULD BE A LESSER AMOUNT, THEN YOU REESTABLISH YOUR PRIORITIES. LEROY BENNETT OF EAST COAST SELF-HELP HOUSING NEXT CAME BEFORE THE BOARD AND STATED THAT HE WROTE MR. REGAN IN REGARD TO PRODUCING 15 TO 20 HOUSES A YEAR UNDER THE SELF-HELP PROGRAM OVER A THREE YEAR PERIOD, BUT HE NOTED THAT FMHA REQUIRES THAT THERE MUST BE SEWER SERVICE. MR. BENNETT EMPHASIZED THAT ANY FEDERAL PROGRAM WILL REQUIRE SEWER AND EXPRESSED REGRET THAT HE HAD NOT WORKED WITH THE ADVISORY COMMITTEE. MR, BENNETT CONTINUED TO DISCUSS THE COST OF PROVIDING SEWER SERVICE, WHICH HE REALIZED HAD BEEN ESTIMATED AT A PROHIBITIVE COST. HE BROUGHT UP THE AGREEMENT MADE BETWEEN THE CITY AND COUNTY IN REGARD TO FURNISHING WATER AND SEWER SERVICES TO THE URBAN AREAS AROUND THE CITY AND NOTED THAT THERE IS A SEWER LINE GOING OUT TO THE HOSPITAL AND POSSIBLY A LIFT STATION COULD PUMP TO THAT LINE. HE FELT THERE ARE OTHER MEANS TO TRY TO CUT THE COST FOR SEWER FOR THAT AREA. MR. BENNETT INFORMED THE BOARD THAT HIS GROUP HAS A GOOD TRACK RECORD IN THE COUNTY; THE PEOPLE ACTUALLY BUILD THEIR OWN HOMES, AND THEY HAVE A VERY LOW FORECLOSURE RECORD BECAUSE OF THE INTEREST PEOPLE HAVE IN HOMES THEY BUILD THEMSELVES. HE ALSO NOTED THAT BRINGING MORE HOMES TO THE AREA WOULD MAKE AN ADDITION TO THE TAX ROLL AND AGAIN EMPHASIZED THAT SEWER IS A NECESSITY BEFORE ANY DEVELOPMENT CAN TAKE PLACE. COMMISSIONER LYONS FELT THAT MR. BENNETT WILL FIND THAT THERE IS GOING TO BE CONSIDERABLY MORE SEWER AVAILABLE SHORTLY IN THE GIFFORD AREA; WE ARE NOW LOOKING AT A SCHEDULE TO MAKE THE GIFFORD SEWER PLANT OPERABLE, AND THERE SHOULD BE SOME EXPANSION IN THE GIFFORD AREA. HE POINTED OUT THAT THE REASON WE WENT WITH THIS PARTICULAR PROJECT IS THAT WE CAME SO CLOSE TO GETTING IT FUNDED TWICE AND FEEL WE SHOULD TRY ONCE MORE. 97 OCT 2 21080 45PAGE -97 I OCT 2 2 1980 _ acoK 45 PAGE `98 CHAIRMAN SIEBERT INFORMED THOSE PRESENT THAT EARLIER TODAY THE BOARD INSTRUCTED OUR ENGINEER TO EXPLORE ALL AVENUES OF FUNDING FOR SEWER FOR THIS PARTICULAR AREA AND POSSIBLY INCORPORATE IT INTO THE 201 FACILITIES PLAN. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, COMMISSIONER WODTKE BEING OUT OF THE MEETING TEMPORARILY AND CHAIRMAN SIEBERT VOTING IN FAVOR, THE BOARD CLOSED THE PUBLIC HEARING. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, COMMISSIONER WODTKE BEING OUT OF THE MEETING AND CHAIRMAN SIEBERT VOTING IN FAVOR, THE BOARD INSTRUCTED THE COMMUNITY DEVELOPMENT DIRECTOR TO COMPLETE THE PREAPPLICATION AS PRESENTED FOR APPROVAL AT THE NEXT MEETING, PROPOSAL OF SOUTHERN-KELTON & ASSOC, TO ANALYZE STRUCTURE OF VARIOUS COUNTY DEPARTMENTS ADMINISTRATOR NELSON INFORMED THE BOARD THAT HE HAS TAKEN A VERY CLOSE LOOK AT THE OVERALL COUNTY ROAD & BRIDGE DEPARTMENT. HE FELT IT NEEDS A MAJOR REORGANIZATION AND THAT WE HAVE COME TO THE POINT WHERE WE NEED HELP IN COMING UP WITH THE REORGANIZATION. HE CONTINUED THAT HE HAS SEEN MR. KELTON'S WORK IN MANY AREAS AND FEELS HIS FIRM HAS GIVEN US A VERY FAIR PROPOSAL. MR, NELSON PASSED OUT A CHART OF THE PRESENT ORGANIZATION OF THE ROAD & BRIDGE DEPARTMENT AND BELIEVED THIS ARRANGEMENT SHOULD BE MODERNIZED IN ORDER TO OBTAIN MORE EFFICIENT PERFORMANCE. COMMISSIONER WODTKE RETURNED TO THE MEETING AT 5:55 O'CLOCK P.M. CHAIRMAN SIEBERT AS KED IF IT IS CUSTOMARY THAT WE HIRE CONSULTANTS TO DO A REORGANIZATION OF ANY DEPARTMENT WITHIN THE COUNTY, MR. NELSON BELIEVED WE PROBABLY COULD DO THIS IN-HOUSE, BUT WITH THE WORKLOAD RIGHT NOW, WE NEED ASSISTANCE. MR. KELTON INFORMED THE BOARD THAT IT IS NOT UNCOMMON FOR ORGANIZATIONS TO SEEK OUTSIDE ASSISTANCE FOR THIS PURPOSE AND NOTED THAT THEY PRESENTLY ARE COMPLETING SOMETHING SIMILAR FOR HERNANDO COUNTY, COLLIER COUNTY, LEE COUNTY, AND THE FORT LAUDERDALE RECREA- TION COMMISSION. THEY ALSO ARE DOING SIMILAR WORK IN ST. LUCIE COUNTY. m MR. KELTON DID NOT BELIEVE THAT IT IS IMPOSSIBLE TO DO THIS REORGANI- ZATION INTERNALLY, BUT FELT THAT OUTSIDE ASSISTANCE PROVIDES A BETTER PERSPECTIVE; IN ADDITION, THE EMPLOYEES ARE INVOLVED IN THEIR DAY TO DAY ROUTINES AND DON `T HAVE THE TIME TO LOOK INTO THE ORGANIZATIONAL STRUCTURE. CHAIRMAN SIEBERT NOTED THAT OURS IS A RAPIDLY CHANGING COUNTY, AND HE BELIEVED THAT MORE OF THIS TYPE OF THING IS GOING TO BECOME NECESSARY IN THE FUTURE. HE FELT IF WE DON'T HAVE THE CAPA- BILITY OF DOING THIS INTERNALLY, PERHAPS WE SHOULD HAVE. COMMISSIONER LYONS STATED THAT HE DID NOT REALLY SEE THE CAPPBILITY FOR THIS ANY PLACE AT THE PRESENT TIME, WHICH WAS NO REFLECTION ON THE ADMINISTRATION BECAUSE THEY HAVE ENOUGH STRUGGLE NOW JUST TO CATCH UP. HE NOTED THAT THE ROAD & BRIDGE DEPARTMENT IS ONLY A PART OF THE PROBLEM, AND WE SHOULD LOOK AT THE OVERALL PICTURE. COMMISSIONER LOY FELT IT IS .VERY OBVIOUS THAT THERE IS A NEED FOR THIS TYPE OF REORGANIZATION. SHE POINTED OUT THAT DURING BUDGET SESSION, MANY QUESTIONS WERE RAISED THAT COULDNIT BE ANSWERED AND HOPEFULLY THIS IS A STEP IN THE RIGHT DIRECTION, BOTH TO GET MORE EFFICIENCY AND ENABLE THEM TO KEEP UP WITH THE WORKLOAD THAT HAS BEEN PUT UPON THEM. DISCUSSION ENSUED AS TO WHETHER SOUTHERN-KELTON'S PROPOSAL RELATED ONLY TO THE ROAD & BRIDGE DEPARTMENT, AND IT WAS FELT THAT THE PROPOSAL WAS FOR ALL DEPARTMENTS UNDER THE ADMINISTRATOR AND THE BOARD OF COUNTY COMMISSIONERS, WITH AN IN-DEPTH STUDY OF THE ROAD & BRIDGE DEPARTMENT. COMMISSIONER WODTKE FELT THAT THE ANALYSIS OF THE STRUCTURE OF THE LABORERS IN THE ROAD & BRIDGE DEPARTMENT WAS NEEDED TO ACHIEVE MORE EFFICIENCY, BUT HE FELT THAT THE ORGANIZATIONAL STRUCTURE OF THE ADMINISTRATOR AND DEPARTMENT HEADS WAS PRETTY WELL DEFINED. HE COMMENTED THAT AT ONE: TIME WE HAD A VERY EXPENSIVE PROPOSAL RE AN AN ANALYSIS OF SCHEDULING AND EQUIPMENT COSTS, DOWN TIME, PROPER SUPERVISION AND TRAINING OF THE LABOR FORCES, ETC., AND STATED THAT HE IS MORE CONCERNED ABOUT AN ANALYSIS ALONG THE LINES OF PROCEDURES. HE FELT THERE IS A NEED TO ESTABLISH WHAT AUTHORITY THE FOREMAN HAS AND OVER WHICH WORKERS AND HOW THEY COORDINATE. OCT 2 21980 Boox 45 PACE. 99 OCT 2 21980 Boor 45 PAGE100 COMMISSIONER LYONS EMPHASIZED THAT WE NEED TO LOOK AT THE WHOLE PROGRAM AS TO WHO IS IN CHARGE OF WHAT AND HOW MANY PEOPLE REPORT TO HIM, AND HE BELIEVED THAT THIS REQUIRES A LOOK FROM SOMEONE SITTING ON THE OUTSIDE. DISCUSSION FOLLOWED AS TO SPECIFICS IN DELINEATING DITCH CREW LEADERS, DITCH CREW FOREMEN, AND THE LINE OF RESPONSIBILITY, ETC., AND ATTORNEY COLLINS COMMENTED THAT HE FELT MR. KELTON'S PROPOSAL TO REVIEW THE STATUS OF THE COUNTY ADMINISTRATORS POSITION WAS VERY VALID SINCE, ACCORDING TO THE STATUTES, THE ADMINISTRATORS POSITION MAY BE DIFFERENT TODAY THAN IN PAST YEAR. MR. KELTON INFORMED THE BOARD THAT THEIR FIRST PRIORITY WOULD BE WITHIN THE PUBLIC WORKS AREA WHICH HE FELT WOULD TAKE 30 IO 45 DAYS, AND THAT THE BALANCE COULD BE HANDLED IN 45 Io 60 DAYS AFTER THAT, ATTORNEY COLLINS REPORTED THAT HE HAS LOOKED OVER THE SCOPE AGREEMENT AND HAS NO PROBLEM WITH IT AS LONG AS IT HAS A MAXIMUM CAP. CHAIRMAN SIEBERT STATED THAT HE WOULD WANT TO SEE A "NOT TO EXCEED It FIGURE INCLUDED, AND MR. KELTON FELT AT THIS POINT, HE WOULD HAVE TO SET AN $8,000 FIGURE UNTIL THEY GET FURTHER INTO THE STUDY. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, THE BOARD UNANIMOUSLY ACCEPTED THE PROPOSAL OF SOUTHERN-KELTON & ASSOCIATES DATED OCTOBER 6, 1980, FOR THE ANALYSIS OF OUR ORGANIZA- TION AS OUTLINED FOR THE "NOT TO EXCEED 11 FIGURE OF $8,000, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN, WITH THE UNDERSTANDING THAT WE WILL GET AN INTERIM REPORT ON THE ROAD & BRIDGE DEPARTMENT BEFORE THE FINAL REPORT. COMPLETED. SAID AGREEMENT WILL BE MADE A PART OF THE MINUTES WHEN Am' PLANNING 111 - ►� ��'► i := PLANNING DIRECTOR DAVID REVER RECOMMENDED TO THE BOARD THAT WE UTILIZE THIS ADDITIONAL $20,000 PLANNING GRANT TO HELP ACCOM- PLISH THE TASK WE ALREADY ARE UNDERTAKING SOMEWHAT MORE EFFICIENTLY AS WELL AS MORE SPEEDILY. HE THEN DISCUSSED THE COMMITMENT THE COUNTY HAS TO HELP SEBASTIAN AND FELLSMERE COMPLETE THEIR COMPREHENSIVE 100 PLANS. HE FELT SINCE WE HAVE BEEN GRANTED THIS WINDFALL, WE COULD UTILIZE A PORTION OF IT TO CONTINUE THE HELP THAT COUNTY PLANNING NOW NEEDS TO COMPLETE OUR COMPREHENSIVE PLAN AND THEREBY FREE STAFF MEMBERS WHO HAVE BEEN INVOLVED WITH FELLSMERE AND SEBASTIAN SO THEY CAN COMPLETE THOSE PLANS NOW. OUR AGREEMENT WAS THAT WE WOULD HELP THEM UPON COMPLETION OF OUR OWN PLAN, BUT POSSIBLY WE CAN UTILIZE A GOOD PORTION OF THIS ADDITIONAL GRANT TO HELP THEM OUT NOW; IN THIS WAY WE WOULD NOT BE PASSING THE MONIES ON TO THEM DIRECTLY, BUT WOULD MAKE HELP .AVAILABLE TO THEM AS SOON AS POSSIBLE. CHAIRMAN SIEBERT FELT THIS IS ACCEPTABLE AS LONG AS IT IS UNDERSTOOD THAT WE ARE NOT MAKING ANY PROMISES. HE CONTINUED THAT IF WE ACCEPT MR. REVERS RECOMMENDATION, WE WILL NEED A MOTION AUTHORIZING HIM TO ACCEPT THE GRANT. COMMISSIONER LYONS ASKED IF WE HAVE TO BE VERY SPECIFIC ABOUT WHAT THE GRANT IS GOING TO BE USED FOR. HE COMMENTED THAT WE HAVE ASKED THE REGIONAL PLANNING COUNCIL FOR A PROPOSAL IN CONNECTION WITH A BARRIER ISLAND STUDY, AND IT MIGHT BE THAT THIS COULD BE FUNDED WELL WITHIN THE AMOUNT OF MONEY INVOLVED. HE BE- LIEVED SUCH A STUDY IS A PART OF TAKING A GOOD HARD LOOK AT THE MASTER PLAN, AND HE DID NOT WANT TO PRECLUDE THE POSSIBILITY THAT WE COULD USE PART OF THESE MONIES FOR THAT PURPOSE. PLANNING DIRECTOR REVER EXPLAINED THAT THE RULES SPECIFY THAT THESE MONIES SHOULD BE USED TO DEVELOP THE ELEMENTS OF THE REQUIRED PLAN AND THEN THEY CAN BE USED TO DEVELOP THE IMPLEMENTATION TOOLS. HE FELT SINCE IT IS THIS SPECIFIC, PERHAPS WE COULD UTILIZE THIS MONEY FOR DOING JUST THAT AND POSSIBLY FREE UP SOME OF THE MONEY WE HAD ALLOTTED TO THIS PREVIOUSLY TO BE USED FOR A BARRIER ISLAND STUDY. IT IS JUST A MATTER OF BOOKKEEPING, BUT HE BELIEVED WE BETTER STICK TO THE RULES, WHICH ARE VERY STRICT. ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER LYONS, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN TO SIGN THE LETTER OF ACCEPTANCE TO THE DEPARTMENT OF.COMMUNITY AFFAIRS, AS FOLLOWS: 101. OCT 2 21980 BOOK 45 PAGE101 OCT 2 2 1980 Wx 45 PAGE 102 BOARD OF COUNTY COMMISSIONERS WILLIAM C. WODTKE, in., Chairman \, Ar ALMA LEE LOY, Vice Chairman WILLIARD W. SIEBERT, JR. ; i 7�t R. DON DEESON � PATRICK B. LYONS . -_JACK G JENNINGS. Administrator 2145 14th Avenue Vero Beach, Florida 32960 October 22, 1980 Mr. Bill Dowse DEPARTMENT OF COMMUNITY AFFAIRS 2571 Executive Center Circle, East Tallahassee, Florida 32301 Dear Mr. Dowse: We are in receipt of the Department's letter notifying the County of the selection for funding under the Local Government Comprehensive Planning Assistance Program. The Grant award of $20,000 is accepted by Indian River County to assist in the completion of the required elements of the Comprehensive Plan, under the LGCPA or permitted exceptions as described in Section 913-5.08 of your depart- mental rules. The County, through the Department of Planning and Zoning, is developing the contractural material necessary to fulfill the remainder of the requirements to receive the Grant. This includes the signing of contracts and sub -contracts as well as the preparation of the Appendix "A" and "B" defining the documents to be prepared and outlining the work program schedule. Indian River County is most pleased to have been chosen for this Grant. We look forward to the successful completion of our planning document to meet the LGCPA requirements. Sincerely, i W. W. Siebert, Jr. Chairman WWS: jt cc: Neil Nelson, County Administrator David Rever, Planning & Zoning Director CHAIRMAN SIEBERT COMMENTED THAT THE FINANCE DEPARTMENT NEEDS TO CET SOME OFFICIAL SIGNATURES ON RECORD OR THERE ARE GOING TO BE A LARGE AMOUNT OF CHECKS THAT HAVE TO BE SIGNED BY HAND, HE STATED THAT HIS RECOMMENDATION IS THAT THE CHECKS BE SIGNED BY HAND RATHER THAN HAVE TO HAVE A REORGANIZATION OF THE BOARD AT THIS TIME. COMMISSIONER LOY AGREED THAT THERE ARE A NUMBER OF CHECKS AND THEY WERE TRYING TO FIGURE OUT THE MOST EFFICIENT AND SMOOTHEST WAY TO CONTINUE COUNTY OPERATIONS WITH THREE OUT -GOING COMMISSIONERS. SHE CONTINUED THAT WE DO HAVE TWO REMAINING COMMISSIONERS, HOWEVER, WHO HAVE REGISTERED SIGNATURES WITH THE STATE OF FLORIDA, AND THE FINANCE DEPARTMENT IS GETTING PREPARED TO HAVE ALL THE SIGNATURES DONE FOR THE FIRST TWO MONTHS BY HAND, IF NECESSARY, IN ORDER THAT THE NEWLY CONSTITUTED BOARD CAN GET ORGANIZED. COMMISSIONER LOY NOTED THAT NOVEMBER 18TH IS THE DAY THE NEW COMMISSIONERS WILL BE SWORN IN. CHAIRMAN SIEBERT ASKED IF IT HAS TO BE THE CHAIRMAN AND THE VICE CHAIRMAN WHO SIGN THE CHECKS, AND IF NOT, POSSIBLY WE COULD GO AHEAD AND REGISTER COMMISSIONER LYONS AND COMMISSIONER WODTKE AS THE AUTHORIZED SIGNATURES. ATTORNEY COLLINS SAW NO REASON WHY THIS COULD NOT BE DONE, BUT NOTED THAT IF NEED BE, THE BOARD COULD REORGANIZE TEMPORARILY AND SUBSEQUENTLY REORGANIZE AGAIN, IF DESIRED. HE DID NOT KNOW IF THIS WOULD BE NECESSARY AND STATED THAT HE WOULD CHECK INTO IT AND SIVE THE BOARD AN ANSWER AT THE NEXT MEETING. CHAIRMAN SIEBERT REQUESTED THE ADMINISTRATOR TO SEND OUT NOTICE OF A SPECIAL MEETING FOR TUESDAY, NOVEMBER 18TH, FOR THE PURPOSE OF REORGANIZATION AND FURTHER REQUESTED THE ADMINISTRATOR TO COME UP WITH AN ORIENTATION PROGRAM SOMETIME BETWEEN ELECTIONS AND THAT MEETING DATE FOR THE NEWLY ELECTED COMMISSIONERS TO REVIEW THE MAJOR PROJECTS UNDER WAY IN THE COUNTY AND MEET THE VARIOUS DEPARTMENT HEADS, ETC. COLLINS: COMMISSIONER WODTKE LEFT THE MEETING AT 6:30 O'CLOCK P.M. THE BOARD REVIEWED THE FOLLOWING MEMORANDUM FROM ATTORNEY 103 OCT 2 2 1980 wu 45 w'103 " OCT -2 219 80 pox 45 PAGE X04 MEMO TO: LIZ FORLANI for review by ALMA LEE LOY , UO FROM: GEORGE G. COLLINS, JR. c., c`f�''ss;��"Vn RE: CARABELLE LEONARD - Lots 185, 199 and 200, GEO� SUBDIVISION DATE: September 18, 1980 This situation is an embarrassment to the County as it presently exists. I do not feel that the property can be mentconveyed back to and bids andMsaleLtothe highest bidard without der. advertise - der. Because of the location the property is highly con- ceivable that it may be needed for utility purposes in the future. I, therefore, suggest that the County decline to reoonvey the property and, further, I think the County should take action to terminate the present uses on the property and vacate the'�and, clearing it of all structures. GGC,Jr/ph cc: Alma Lee Loy • ..c�uuilvJ, O.K. ATTORNEY COLLINS INFORMED'THE BOARD THAT IRS. LEONARD, WHO RESIDED ON THE ABOVE PROPERTY, PASSED AWAY DURING THE LAST TWO WEEKS. HE NOTED THAT THE COUNTY HAD BEEN RELUCTANT TO DISTURB THE SITUATION WHILE SHE WAS RESIDING ON THE PROPERTY, BUT HE NOW WOULD RECOMMEND THAT THE COUNTY MOVE AHEAD AND CLEAR UP THIS SITUATION BY HAVING THE PROPERTY CLEARED, HE INFORMED THE BOARD THAT TITLE IS CURRENTLY IN THE COUNTY'S NAME, AND INTERGOVERNMENTAL COORDINATOR THOMAS HAS REPORTED THAT THE STRUCTURES THERE ARE DEBILITATED AND SHOULD BE REMOVED BECAUSE THEY CONSTITUTE A HAZARD. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, CHAIRMAN SIEBERT VOTED IN FAVOR, THE BOARD AUTHORIZED THE ADMINIS- TRATOR TO TAKE STEPS TO CLEAR LOTS 185, 199 AND 200, GEOFFREY'S SUB- DIVISION AND APPROVED THE DEMOLITION OF THE HAZARDOUS STRUCTURES LOCATED THEREON AS RECOMMENDED BY THE ATTORNEY AND THE INTERGOVERN- MENTAL COORDINATOR. AMENDMENT TO INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL PLANNING COUNCIL COMMISSIONER LYONS EXPLAINED THAT THIS AMENDMENT IS NECESSI- TATED BY A CHANGE IN THE LAW, AND AFTER THIS DOCUMENT IS EXECUTED, IT SHOULD BE FORWARDED ON TO THE OTHER COUNTIES FOR THEIR SIGNATURES. ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER Loy, CHAIRMAN SIEBERT VOTING IN FAVOR, THE BOARD APPROVED THE AMEND- MENT TO INTERLOCAL AGREEMENT CREATING THE TREASURE COAST REGIONAL PLANNING COUNCIL'AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN. SAID AMENDMENT WILL BE MADE A PART OF THE MINUTES WHEN COMPLETELY EXECUTED. COMMISSIONER LYONS REPORTED THAT THE STATE ASSOCIATION OF COUNTY COMMISSIONERS PRESENTED AN OUTSTANDING PROGRAM, AND HE BELIEVED THAT ANY COMMISSIONER WOULD BENEFIT FROM ATTENDING. HE ALSO FELT THE ADMINISTRATOR, ASSISTANT ADMINISTRATOR, AND ENGINEER COULD GAIN A LOT OF WORTHWHILE KNOWLEDGE FROM ATTENDING. COMMISSIONER LYONS EMPHASIZED THAT ONE OF THE MOST IMPORTANT SUBJECTS ADDRESSED WAS THE GROWING PROBLEM WITH JAILS, AND HE FELT WE SHOULD SET UP A PUBLIC COMMITTEE TO STUDY THIS MATTER AS HE BELIEVED WE ARE GOING TO HAVE TO UPGRADE OUR FACILITY AND TREATMENT OF PRISONERS AND ADDRESS THIS PROBLEM MORE SPECIFICALLY THAN WE HAVE IN THE PAST. REQUEST MADE BY CHARLES HENKEL, .JR., RE POOL_ CONSTRUCTION PERMIT CHAIRMAN SIEBERT ANNOUNCED THAT HE HAS RECEIVED A REQUEST FROM CHARLES EDWARD HENKEL, JR., THAT HIS LETTER REGARDING EXTENSION OF A POOL CONSTRUCTION PERMIT BE READ ALOUD TO THE COMMISSIONERS. THE CHAIRMAN REPORTED THAT THIS LETTER HAS BEEN FULLY STAFFED, AND IT IS THE RECOMMENDATION OF THE PLANNING STAFF, THE COUNTY ATTORNEY, THE BUILDING DIRECTOR, AND THE COUNTY ADMINISTRATOR, THAT THIS BE HANDLED ADMINISTRATIVELY AND NOT BE A POLICY DECISION OF THIS BOARD. CHAIRMAN SIEBERT CONTINUED THAT IT IS THE RECOMMENDATION OF STAFF THAT THIS PERMIT BE EXTENDED TO JANUARY 1, 1981., AND HE INSTRUCTED THAT MR. HENKEL'S LETTER BE MADE A PART OF THE RECORD, AS FOLLOWS: 105 Bea 45 PAGt In OCT 2 2 1980 0 CT' 2.2 .x980 eoox 45PAGE 106 Charles Edouard Henkel, Jr. Board of County Commissioners 1300 24th Avenue Vero Beach, Fla 32960 (305) 562-0154 6767 Hendrickson Rd. Middletown, Ohio 45042 (513)423-1140 15 September, 1980 Indian River County County Courthouse ' Vero Beach, Florida 32960 Attn: Chairman of the Board of Commissioners 1 �i Sir: �. As a property owner outside of the city limits of the City of Vero -Beach and yet within the boundaries of Indian River County, I have a matter of the most del- icate nature and the most extreme urgency I wish presented at the next meeting of the County Commission. I hereby request that this letter be read at that meeting and that my request for an extension until January 15, 1981 of my currently valid swimming pool permit be placed to a vote. This permit is due to expire sometime this October or November and to finish it before the permit runs out will place me in an extreme financial hardship. I began work on this pool in.April of 1978. Due to a series of poorly timed natural calamities (including but not just limited to the flooding of May, 1979 and the hurricane of September, 1979) the concrete shell was not poured until June this past summer. I was laid -off from Piper this past March 28th after almost 5 years with them. I tried to finish the pool before I started my new job, but it was all I could do to finish the plumbing and excavation work before I had to leave. Being laid -off has really put me under a financial strain. The house went up for sale immediately when I was laid -off but has not sold yet. Supporting a home up here in Ohio and trying to keep up the payments on the Vero Beach home is taxing me greatly even with my wife working full time. On top of that, our oldest daughter just began college. We felt it would be a sin to deny her desire to go to college since she is nearly a straight "A" student. The company I am working for now is shutting down between Christmas and New Year's. We are planning to come down then and pour the deck around the pool, set the tile ourselves (all to minimize the costs to finish -it), and then contract for the plastering. If we'are not able to finish it according to this plan by 1 January, 1981, extension of the permit to 15 January, 1981 would give us the time necessary to have a contractor finish what we were unable to finish, the little that that would be. As a tax paying citizen, I believe 1 have the right to bring this request with my reasons for the request directly to the county commissioners. Normally a request. -such as this, I realize, would go through the Planning and Zoning Department and then the Vero Beach Building Department, but I have been to them so many times already and have had so many problems going that route that I cannot bring myself to prevail upon them again. Hence my request to you. I hope that you can find it in your hearts to grant me this extension until 15 January, 1981 because of the extreme hardship I am under. Thank you for your consideration. Very truly yours, r Charles Edward Henkel, Jr.,/ 1, cc: Johnny's Pools, 4365 25th Ave., Vero Beach Mrs. Esther Rhymer, Vero Beach Building Department _. Please mail the reply to tJMIletown, Ohio address. Than AUTHORIZE PREPARATION OF RESOLUTION EXPRESSING APPRECIATION TO SENATpR LAWTON CHILES COMMISSIONER LOY REQUESTED THAT THE BOARD AUTHORIZE THE ATTORNEY TO PREPARE A RESOLUTION TO SEND TO SENATOR LAWTON CHILES IN APPRECIATE OF HIS ASSISTANCE IN HELPING THE COUNTY SECURE THE TRACKING STATION PROPERTY. CHAIRMAN SIEBERT INSTRUCTED THE ATTORNEY TO PREPARE A RESOLUTION AS REQUESTED BY COMMISSIONER Loy ul.u:�_ ':�MCI AGREEMENT WITH THE U,Sm DEPARTMENT OF AGRICULTURE RE A SOIL SURVEY IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF SEPTEMBER 24, 19808 OCT 2 21990 107 -BOOK 45 PAGE x:07 OCT 221980 $DOK 45 PAGE 08 U. S. DEPARTMENT OF AGRICULTURE NATIONAL COOPERATIVE SOIL SURVEY MEMORANDUM OF UNDERSTANDING WITH THE SOIL CONSERVATION SERVICE, UNIVERSITY OF FLORIDA INSTITUTE OF FOOD AND AGRICULTURAL SCIENCES AND AGRICULTURAL EXPERIMENT STATIONS, FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, INDIAN RIVER SOIL AND WATER CONSERVATION DISTRICT AND INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS RELATIVE TO MAKING A SOIL SURVEY IN INDIAN RIVER COUNTY, FLORIDA (#061) Purpose of Doing the Work. The purpose of this soil survey is to provide basic soils data for multipurpose planning in Indian River County. A reconnaissance survey was prepared in 1913 of a narrow strip along the Indian River which is out of print and inadequate for modern planning purposes, nor does it meet current standards of the National Cooperative Soil Survey. Description of the Area - Indian River County is located on the Atlantic Coast in the central portion of the Florida peninsular. It is bounded by Brevard County on the north, Osceola and Okeechobee on the west and St. Lucie and Okeechobee Counties on the south. The county occurs within the southern Florida flatwoods and the southern Florida lowlands major land resource areas. Elevations range from sea level to about 60 feet in the western part of the county. The major soil landscapes in the county consist of the coastal beach and dunes between the Atlantic Ocean and the Indian River and the well drained sandy ridge on the west side of the Indian River running north and south across the county. The large St. Johns marsh and Lake Wilmington area occupy approximately 60,000 acres in the west central part of the county. This area, which consists of organic and very poorly drained mineral soils, forms the upper reaches of the St. Johns River watershed. The landscape to the east and west of the St. Johns marsh consists of acid and sweet flatwoods with shallow depressions and sloughs throughout the area. Soils are primarily spodosols. The eastern portion of the county is undergoing rapid land use changes, primarily to urban development. Vero Beach is the county seat and the largest city in the county. The major agricultural industry in the county consists 'of citrus and cattle production, with some tomatoes and melons also produced. - Size. Land area - 351,000 (1970 Census) Water area - 27,000 Total area - 378,000 Cooperating Agencies and Responsibilities. - Soil Conservation Service shall provide technical staff to conduct the survey. The Service will also provide the equipment, supplies, transportation, and new -base photos. for _the survey._ Additionally, the Service will provide the necessary quality control to insure the survey meets the stan--&rds -of -th-&— - _­-% National Cooperative Survey, and will assume the responsibility for map compilation, finishing, and publication. - University of Florida Soil Science Department will provide laboratory characterization data as needed for proper classification and interpretation. The University will provide the funds and manpower for sampling, laboratory characterization, and preparation of data -reports. They will also prepare the section relating to the "physical, chemical, and mineralogical analysis of selected soils" for the report manuscript. - Florida Department of Agriculture and Consumer Services through the state soil and water office, provide state leadership for the acceleration of the soil survey in the state. Working with the Florida Association of Conservation Districts and other interested groups and agencies including the Indian River Soil and Water Conservation District seek continued support and "9 from the state legislature plete the survey in the stat�f a. ` - Indian River Soil and Water -ervation District will genera. rfil Wt and publicity for the surywill take leadership in dis ai on of soils information locally. Additionally, they will work with the In ian River County Board of Commissioners to provide local funding in support of the survey. Financial arrangements for funding will be spelled out in a separate agreement among the agencies. They will work with the county to identify priority areas for mapping. - Indian River Board of County Commissioners will provir'e funds in accordance witn a separate cooperative agreement among the gencies to do the soil survey in Indian River County. They will also assist in an information program to inform the public as to the availability as wel as uses of soil survey information. In addition, the county will use soils information in making land use decisions to protect the public interest and welfare -i_,:"'" county. S ep cification. - Base Imagery. The soil survey will be compiled m 1980 photography obtained by the Service for the soil survey. Publicat-on scale will be 1:20,000. Map compilation and 'finishing will beajoint effort between the soil survey party and the map compilation staff in the State Office. Field parties will be responsible for adequate joining and checking of completed atlas sheets before they are turned over to cartographic technicians for finishing. - Field Procedures. Mapping will be done by conventional field procedures. The soils in each delineation will be identified by direct field examination. Minimum size delineation of contrasting soils will be about three acres. Systematic transect procedures will be used as necessary to supplement data on composition of mapping units. Adequate descriptions and field notes will be made during the course of the survey to substantiate the name of each map unit and to establish the range of characteristics of each of the named soil. Mapping legend and descriptive legend will be developed as the survey progresses and will be kept current at all times in accordance with state policies. Time. The field work will begin in FY81 and will be completed in four years from the starting date. Critical scheduling dates will be maintained using the CASPUSS schedule. A time taU a will be developed at the initial review providing a guide to scheduling and completing the various sections of the soil survey manuscript and supporting documentation. Publication. The SCS party leader has responsibility for preparing the report manuscript. The manuscript will be in accordance with current format and procedures outlined in the National Soil Handbook. The party leader, working through the Area Conservationist, will be responsible for obtaining necessary assistance for preparing the woodland section, use and management section, wildlife section, and engineering section of the report manuscript. Specialist assistance will be scheduled throughout the course of the survey so that the various sections are completed when mapping is complete. The soil handbook will be kept current at all times and will be in the format for published soil surveys. The general soil map will also be developed as the -survey progresses. Name State Conservationist, Soil Conservation Service //'8 Dean for Research, FAS, University of Flo da =, s�oV er � V-' griculture - Cha=rr�aff Indian River unty Soil and Water Conservation D'Cotri t Naion River County o d of QCT 2 2 198 bounty Commissioners Date A September 24, 1980 5 fACE100 ocT z z 1980 900K 45 PAGE 110 AGREEMENT BETWEEN THE COUNTY, THE TOWN OF INDIAN RIVER SHORES, AND THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING OF SEPTEMBER 2u, 1980, 110 A G R E E M E N T THIS AGREEMENT, Made and entered into this o?9r'�'day of September, 1980, by and among the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, hereinafter referred to as "County"; the TOWN COUNCIL OF THE TOWN OF INDIAN RIVER SHORES, FLORIDA, hereinafter referred to as "Town"; and the SOUTH INDIAN RIVER COUNTY FIRE DISTRICT, hereinafter referred to as "District"; and their successors. W I T N E S S E T H: WHEREAS, on the 5th day of November, 1975 County and Town entered into an Agreement for Joint Fire Protection, which Agreement included certain rights to County _-o take over Town's fire fighting equipment and lease certain portions of Town's Fred R. Tuerk Municipal Center; and WHEREAS, on the 5th day of January, 1977 County and Town re- affirmed their November 5, 1975 Agreement and entered into additional agreements concerning the eighty-five foot (851) standard equipped aerial ladder truck; and WHEREAS, by Case No. 78-764, Town, in August of 1978, filed an action for Declaratory Decree requesting the Court to intepret the validity of the two Agreements above referred; and WHEREAS, County, by Ordinance No. 80-32 and properly joined by City of Vero Beach Ordinance, created the SOUTH INDIAN RIVER COUNTY FIRE DISTRICT,which District was approved and millage authorized by the voters in a primary election held September 9, 1980; NOW, THEREFORE, in consideration of mutual promises and other covenants as set forth below the parties agree as follows: 1. A. County and Tonin agree to void and forever negate the Joint Fire Protection Agreement entered into between Town and County on the 5th day of November, 1975, and that Purchase of Fire Protection Agreement dated the 5th day of January, 1977. 45' OCT 2 21980 fudil OCT 2 2 19 80 7 BOOK 45 PAGE 1.2 Both Agreements are hereby declared null and void. B. Town shall provide fire protection services extending from the North Town limits to the Sebastian Inlet on the Island. Said fire protection shall be at a level consistent with the services provided by Town within the Town limits. Said fire protection shall be for a period of three (3) years and will be rendered at no charge -to District or to County. C. Town shall convey to District, within thirty (30) days of the signing of this Agreement, the 1,000 qpm American LaFrance Pumper with related equipment that was received at the time of purchase, free and clear and without charge. D. All additional fire equipment, including the fire rescue truck and ladder truck will be made available during an emergency when called at no charge to either the County or the District. The Town and District shall enter into a Mutual Aid Agreement consistent with the Mutual Aid Agreement dated the 6th day of May, 1980 between the Town and the City of Vero Beach. E. Town and District agree that the aerial ladder truck will be made available for training purposes to both the North and South County Fire Districts at no charge. F. District agrees to pay to the Town for a period of two (2) years, Twelve Thousand Dollars ($12,000.00) each year for the purchase of the 2,500 gallon tanker truck. Town will, as soon as practicable, purchase the tanker truck, making it available to service the North Beach Area. Town shall purchase the tanker truck at a cost of no less than Twenty Four Thousand Dollars ($24,000.00). G.. Town shall dismiss Case No. 78-764 with prejudice and the parties agree that by execution of this Agreement said litigation is settled. 3. It is the intent of this Agreement that said Agreement -2- shall remain in full force and effect until such time as it is mutually terminated by Town and District. IN WITNESS WHEREOF, the duly authorized officials of the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, the TOWN COUNCIL OF THE TOWN OF INDIAN RIVER SHORES, FLORIDA, and the SOUTH INDIAN RIVER COUNTY FIRE DISTRICT , have executed this Agreement on the day and year first above written. BOARD OF COUNTY COMMISSIONERS OF INDIAN R VER COUNTY FLO ID By y Co: hai n Attest: k 19 County CleIMAV.' ,� allAAxeao �•� . (SEAL) N APPROV D AS TO FORM CVntyAtto ney, Indian RPer County TOWN COUNCIL OF THE TOWN OF INDIAN RIVER S S, FLORID B � Y Mayor Attest: �j Town Cxerk (SEAL) APPROVED S TO F own Attorney, Town of Indian River Shores SOUTH IIAN RIVE CO T FI DISTRICT By hairman 0 Vice Chairman (SEAL) APPROV TO FORM OCT 2 21980 Bo -0 K 45 PAS€ 13 OCT -2 2.19 80 BOOK 45 PACE 114 COMPLETELY EXECUTED LEASE AGREEMENT WITH THE CITY OF VERO BEACH RE PROPERTY FOR THE USE OF THE MIDGET FOOTBALL LEAGUE IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE REGULAR MEETING OF JULY 30, 1980, llu T. Ll T C l7 THIS LEASE executed this,.;,2 day of 0-JLA., , 1980, by and between the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, hereinafter called the "County" and the CITY OF VERO BEACH, FLORIDA., a municipal corporation existing under the laws of the State of Floirda, hereinafter called the "City W I T N E S S E T H: WHEREAS, the County owns land within its boundaries which is available and suitable for recreational use; and WHEREAS, it is desirable to provide adOitional recrea- tional facilities for the health, welfare and general good of the citizens of Indian River Countv; and WHEREAS, the City is willing to improve the property hereinafter described and to convert the same into a recreational area, NOW, THEREFORE, in consideration of the following mutual promises, the County does hereby let, demise and lease unto the City the following described property, situated in Indian River County, Florida, to wit: From the Southwest corner of the Southeast quarter of Section 2, Township 33 South, Range 39 East, as desig- nated on the last general plat of lands of the Indian River Farms Company filed in the office of the Clerk of the Circuit Court of St. Lucie County, rlorida, in Plat Book 2, page 25; said lands now lying and being in Indian River County, Florida; run North along the quarter section line 80 feet -to a point on the North right-of-way line of 16th Street; thence run Fast along the North right-of-way line of 16th Street a distance of 943.19 feet, more or less, to a point on the West right-of-way of 17th Avenue; thence run North along said right-of.-wa_v line a distance of 443.5 feet to the Point of Beginning of the parcel to be herein described; thence run West r on a line parallel with the North right-of-way line of 16th Street 500 feet; thence run North along a line parallel with 17th Avenue 265 feet to the North side of a 15 foot drainage easement to be used by both the lessee and Sunshine Rehabilitation Center, Inc., property joining and contigious on the East; thence East along OCT 22J980 OCT 2 2 1990 Boax the North side of 15 foot drainage easement 233.74 feet to the Northwest corner of the Sunshine Rehabilitation Center property; thence run South 245 feet; thence run East on a line parallel with the North right-of-way line of 16th Street 250 feet; to a point on the West right-of-way line of 17th Avenue; thence run South 20 feet to the Point of Beginning, containing 1.632 acres, more or less. 45 PACE ffs 1. The term of this lease shall be for a period of four- teen (14) years, commencing on the date of the execution of same. 2. It is understood that the above described land shall be used exclusively for public recreational purposes available to the public at large. There shall be no differential in charges between in -city and out -city participants. 3. The City will make all the necessary improvements on said property in order to convert the same into a recreational area and will maintain the same as a recreational area during the term of this lease, at the City's expense. Any improvements to the real property shall vest in the County at the termination of this lease. 4. The City agrees not to use or permit the use of said premises or any part thereof for any unlawful purpose or offensive use. The City represents that the leased premises shall be used as a football field and other sports activities. 5. This lease shall not be assigned and no part of the leased premises shall be subleased nor used for any purpose other than that expressed in this lease. 6. The County may terminate this lease at any time prior to its expiration by providing the City written notice eighteen (18) months in advance of its intention to do so. At the end of said eighteen (18) month period, this lease shall then terminate. 7. The City agrees to provide liability insurance naming County as co-insured with minimum coverage of at least Three Hundred Thousand ($300,000.00) Dollars for each individual injury and Five Hundred Thousand ($500,000.00) Dollars for multiple injuries and to supply County with Proof of Insurance prior to using the leased premises. In addition, the City agrees to indemnify and hold County harmless from liability from any injuries that may occur from the use of the leased premises by City which indemnification shall include the payment of attorneys fees and court costs. 8. County shall have no responsibility for making any improvements to the leased premises. 9. County agrees to provide fifteen (15) feet contiguous to the North boundary of the leased premises for the purpose of drainage for the leased premises and the Sunshine Center Rehabilitation Center adjoining the leased premises on the East. 10. In the event the City fails to comply with any of the terms or conditions of this lease, the County may exercise its option to terminate same in accordance with Paragraph 6 above. IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their seals, intending to be legally bound, the day and year first above written. ATTEST: (A a. City C rk APPR VED AS TO FORM AND CO ENT: 44 City tt rney ATTEST: ��-2k-x-L U� A -4 , A� Freda Wright, Clerk APPROVED AS TO FORM AND CONTENT: /�' eeVffe .'6'e/13/i" /;s , Jr. County Attorney. OCT 2 21990 CITY OF VERO BEACH, FLORIDA Byi: Don C. Scurlock, J6 Mayor BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA e By Willard V. Siebert, Jr Chairman CT 2 21980 45 wE US 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. 67620 - 68107 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 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 6:40 O'CLOCK P.M. ATTEST: CLERK 1].8