HomeMy WebLinkAbout5/1/1981FRIDAY, MAY 1, 1981
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY,
FLORIDA, MET IN SPECIAL SESSION AT THE CITY HALL 000NCIL CHAMBERS,
1053 20TH PLACE, VERO BEACH, FLORIDA, ON FRIDAY, MAY 1, 1981, AT
1:310 O'CLOCK P.M. PRESENT WERE PATRICK B. LYONS, CHAIRMAN; DICK
BIRD; ALFRED GROVER FLETCHER; AND DON C. SCURLOCK, SJR. VICE CHAIRMAN
WILLIAM C. WODTKE, JR. WAS OUT OF TOWN, ALSO PRESENT WERE NEIL A.
NELSON, COUNTY ADMINISTRATOR; GEORGE G. COLLINS, JR., ATTORNEY TO
THE BOARD OF COUNTY COMMISSIONERS; AND ,JANICE CALDWELL, DEPUTY CLERK.
THE CHAIRMAN CALLED THE MEETING TO ORDER AND STATED THAT
THE PURPOSE OF THE MEETING WAS TO DISCUSS THE CULVERT SITUATION ON
THE PROPOSED INDIAN RIVER BOULEVARD IN CONNECTION WITH THE PROBLEMS
OF COUNTRY CLUB POINTE.
ADMINISTRATOR NELSON COMMENTED THAT THE REPRESENTATIVES
FROM REYNOLDS, SMITH & HILLS WERE HERE TO MAKE A PRESENTATION
CONCERNING THIS MATTER.
RODNEY GHIOTO, OF REYNOLDS, SMITH & HILLS IN ORLANDO, CAME
BEFORE THE BOARD AND ADVISED THAT THEY HAD DESIGNED AN ELLIPTICAL
CULVERT AND, FROM AN ENGINEERING STANDPOINT, FELT IT WOULD HANDLE THE
DRAINAGE AND THAT THE DESIGN WAS ADEQUATE FOR THE CONDITIONS IN THE
AREA. IN RECENT DISCUSSIONS HE HAS HAD, THERE SEEMED TO BE A CONCERN
THAT IF THERE WERE SEVERE STORM CONDITIONS, SIMILAR TO CONDITIONS
THAT WERE OBSERVED IN 1957, FLOODING MIGHT OCCUR AGAIN IN THAT AREA.
MR. GHIOTO ADVISED THAT MRS. ANN ROBINSON, REPRESENTATIVE FROM
COUNTRY CLUB POINTE, WOULD LIKE TO SEE A BOX CULVERT PLACED IN THE
VICINITY AT THE END OF GOLFVIEW DRIVE, AS OPPOSED TO fHE ELLIPTICAL
CULVERT. HE CONTINUED THAT THEY FELT AN ELLIPTICAL CULVERT WOULD
HANDLE THE DRAINAGE SITUATION, BUT THEY COULD,,6O TO A BOX CULVERT
TO SATISFY THE CONCERNS OF THE RESIDENTS IN THAT AREA - BOTH WOULD
FUNCTION ADEQUATELY FROM AN ENGINEERING STANDPOINT. MR. GHIOTO NOTED
THAT SOME MODIFICATIONS IN THE DESIGN THEY NOW HAVE WOULD HAVE TO
BE MADE
IY 1.1981
Boos -46 ��cE 289
MAY 11991
N .!
CHAIRMAN LYONS INQUIRED ABOUT THE DIFFERENCE IN COST OF
THE ELLIPTICAL CULVERT AS COMPARED TO THE BOX CULVERT; AND ASKED
IF THE ELLIPTICAL CULVERT PROVIDED ANY ADDITIONAL INSURANCE.
MR. GHIOTO REPORTED THAT THE 34" X 53" X 84' ELLIPTICAL
CULVERT THEY HAVE DESIGNED WOULD COST $7,000; THE BOX CULVERT WOULD
BE 9' X 5' AND WOULD BE APPROXIMATELY $26,000 - A DIFFERENCE OF
$19,000 TO'$20,000. HE CONTINUED THAT IT WOULD PROVIDE ADDITIONAL
INSURANCE,'IN TERMS OF PEACE OF MIND, TO THE RESIDENTS.
ADMINISTRATOR NELSON ASKED IF GOING TO THE BOX CULVERT
INSTEAD OF THE ELLIPTICAL CULVERT AT THIS PARTICULAR STAGE WOULD
DELAY THE PROJECT.
MR. GHIOTO COMMENTED THAT IT WOULD NOT CAUSE A DELAY AT
ALL AND THIS WOULD BE A GOOD TIME NOW TO DO IT; AND IT WOULD OBVIOUSLY
PROVIDE A GREAT DEAL MORE CONFIDENCE TO THE CITIZENS IN THE AREA.
CHAIRMAN LYONS STATED THERE IS A CONCERN IN COUNTRY CLUB
POINTE ABOUT THE ROAD ACTING AS A BARRIER AND INQUIRED HOW THE
DRAINAGE WOULD BE TAKEN CARE OF.
MR. GHIOTO STATED THEY HAVE PROVIDED SEVERAL OPENINGS THROUGH
THE ROAD FOR DRAINAGE. IN ADDITION TO THAT, HE CONTINUED, THERE IS
SOME SPOIL MATERIAL THAT WOULD BE IN THE ROAD RIGHT-OF-WAY THAT THEY
ARE PROPOSING TO REMOVE TO ALLOW BETTER DRAINAGE NORTH AND SOUTH ALONG
THE ROADWAY, OR JUST TO THE WEST OF THE ROADWAY. MR. GHIOTO STATED
THEY FELT VERY GOOD ABOUT PROVIDING ADEQUATE DRAINAGE THROUGH THAT
SYSTEM SO IT WILL NOT PERFORM AS A LARGE BARRIER. HE ADDED THAT
THERE IS A LARGE SLOUGH TYPE AREA THAT BEGINS JUST SOUTH OF GOLFVIEW
DRIVE AND GOES SOUTHWARD DOWN TO THE MAIN CANAL, WHICH ALSO PROVIDES
A NATURAL OUTLET UNDER HIGH WATER CONDITIONS. MR. GHIOTO NOTED THERE
ARE SOME SECONDARY DRAINAGE PROBLEMS IN THAT SUBDIVISION THAT
PROBABLY NEED TO BE ADDRESSED AS PART OF THE JOINT CITY -COUNTY MASTER
PLANNING EFFORT, IN TERMS OF PRIMARY DRAINAGE, MR, GHIOTO THOUGHT
THEY HAD IT COVERED VERY WELL. HE ADVISED THAT MRS. ROBINSON
SUGGESTED PUTTING A RISER AROUND THIS CULVERT ON THE WESTERN SIDE
OF THE ROADWAY. MR. GHIOTO COMMENTED THAT IT WAS SOMETHING THAT
COULD BE CONSIDERED AS A POSSIBILITY.
DISCUSSION FOLLOWED ALONG THOSE LINES.
MR. GHIOTO EXPLAINED THAT A RISER IS A LITTLE WEIR JUST
UPSTREAM OF THE ENTRANCE TO THE CULVERT SO THAT YOU HAVE A MINIMUM
ELEVATION THAT HAS TO BE REACHED BEFORE YOU HAVE OUTFLOW THROUGH
THAT CULVERT. HE CONTINUED THAT IF WE WERE TO PLACE THE BOTTOM OF
THE CULVERT AT ELEVATION "0", FOR EXAMPLE, THE DIKE OUT THERE NOW
HAS AN ELEVATION OF 3 OR 4' AND WE COULD PUT A RISER, OR WEIR -TYPE
STRUCTURE, JUST UPSTREAM OF THE CULVERT THAT WOULD GO UP TO ELEVATION
3 - THE WATER WOULD HAVE TO GO TO THAT ELEVATION, DROP OVER THE WEIR,
AND THEN GO OUT THROUGH THE CULVERT.
COMMISSIONER BIRD INQUIRED IF THIS CHANGE OF CULVERT WOULD
REQUIRE ANY ADDITIONAL PERMITTING, OR WOULD THERE BE A RISE IN THE
COST OF CONSTRUCTION.
MR, GHIOTO COMMENTED THAT SOME MINOR MODIFICATIONS CAN BE
MADE WITHOUT ALTERING THE PROCESS THEY HAVE TO GO THROUGH ANYWAY.
COMMISSIONER FLETCHER ASKED ABOUT THE AMOUNT OF MONEY
ESTIMATED FOR THIS PROJECT.
JOHN DEAMUD, PROJECT MANAGER, RESPONDED THAT THE CURRENT
ESTIMATE FOR THIS PROJECT IS $1.8 MILLION.
COMMISSIONER FLETCHER THEN INQUIRED IF THE RIGHTS-OF-WAY
HAVE BEEN ACQUIRED, AND THE ADMINISTRATOR RESPONDED NEGATIVELY.
COMMISSIONER SCURLOCK ASKED IF THE PROJECT COST WAS $1.8
MILLION PLUS THE RIGHT-OF-WAY ACQUISITION, AND THAT WE HAVE
PRESENTLY $2.8 MILLION IN THE TRUST WITH ABOUT $54,000 A MONTH BEING
PUT INTO THAT FUND WITH AN INTEREST RATE OF ABOUT $24,000 A MONTH.
ADMINISTRATOR NELSON RESPONDED AFFIRMATIVELY.
PROJECT MANAGER DEAMUD ADVISED THAT ABOUT $60,000 HAS
BEEN EXPENDED TO THEIR FIRM SO FAR ON THIS PROJECT.
CHAIRMAN LYONS SUGGESTED THAT A 15 MINUTE BREAK BE TAKEN
TO LET EVERYONE LOOK AT THE DRAWINGS CONCERNING THIS MATTER.
COMMISSIONER BIRD STATED THERE WAS A TREMENDOUS DIFFERENCE
BETWEEN THE BOX AND THE ELLIPTICAL CULVERTS AND ASKED THE CONSULTANT
TO JUSTIFY THE DIFFERENCE.
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MAY 11991
MR. GHIOTO NOTED THAT THEY WENT TO A MUCH WIDER DRAIN.
THE RESIDENTS WERE CONCERNED THAT THE DRAINS MIGHT -BECOME CLOGGED;
THEREFORE, THIS WAS AN OVER -DESIGN TYPE OF THING.
JOHN LITTLE, CITY MANAGER, APPROACHED THE BOARD REGARDING
A LETTER TO FORMER . COUNTY ADMINISTRATOR JENNINGS FROM THE CITY OF VERO BEACH IN
JUNE, 1980. HE ADVISED THAT THEY WOULD BE UNABLE TO COMMENT ON
THE PRELIMINARY DESIGN DRAWINGS CONCERNING THIS AREA SINCE THEY HAVE
NOT SEEN THE DRAWINGS SO FAR. HE CONTINUED THAT SEVERAL POINTS OF
CONCERN WERE NOT MENTIONED IN THE LETTER SUCH AS THE BRIDGE•OVER THE
MAIN CANAL; THE RISE UP -TO THAT BRIDGE, WHICH GETS VERY CLOSE TO
VISTA HARBOR; AND THAT THE DESIGN WOULD ACCOMMODATE REASONABLE FREE
ACCESS TO AND FROM THE CONDOMINIUM PROJECT ON THE EAST SIDE OF INDIAN
RIVER BOULEVARD NORTH OF THE LAGOON AREA. HE THEN READ FROM THE
LETTER OF JUNE, 1980 TO JACK JENNINGS. MR. LITTLE STATED THE CITY
WAS WORKING WITH GREINER ENGINEERING CO. WHEN THIS WAS A DOT PROJECT
AND THOUGHT THEY HAD AN AGREEMENT CONCERNING THE DESIGN OF THE BRIDGE
OVER THE MAIN CANAL. WHEN IT BECAME A COUNTY -PROJECT AND REYNOLDS,
SMITH & HILLS TOOK IT OVER, HE ADDED THE CITY WAS UNABLE TO VERIFY
WHETHER THE BRIDGE WAS DESIGNED IN THAT MANNER OR NOT AND WERE UN-
WILLING TO PAY ANY ENGINEERING COST TO TELL IF THE BRIDGE WAS SO
DESIGN=ED. MR. LITTLE HOPED THAT IT WAS SO DESIGNED AND IF IT WASN'T,
THE CITY WOULD PUT A WATER MAIN ON SUPPORT STRUCTURES ACROSS THE
CANAL AND NOT TIE ONTO THE BRIDGE. HE STATED THEY WERE ALSO CONCERNED
THAT IT NOT BE CONSTRUCTED AS A NO -ACCESS EXPRESS14AY AS THERE ARE
SOME PROPERTIES EAST OF THE GOLF COURSE AND WEST OF THE ROAD RIGHT-
OF-WAY THAT WOULD BE COMPLETELY INACCESSIBLE. MR. LITTLE EXPLAINED
THAT THEY HAVE NEVER HAD AN OFFICIAL RESPONSE TO ANY OF THE POINTS
IN THE LETTER,
COMMENT.
CHAIRMAN LYONS ASKED THE COUNTY ENGINEER IF HE HAD A
COUNTY ENGINEER JIM DAVIS ADVISED THAT HE MET WITH THE
STAFF OF REYNOLDS, SMITH & HILLS AND THE PERMITTING PEOPLE AND WENT
4
THROUGH THE DESIGN PAGE BY PAGE.
HE NOTED THAT HIS, COMMENTS MADE
TO REYNOLDS, SMITH & HILLS ARE TO BE INCORPORATED IN THE DESIGN.
MR. DAVIS COMMENTED THAT AS FAR AS THE DESIGN IS CONCERNED, HE FELT
VERY COMFORTABLE WITH IT.
CHAIRMAN LYONS STATED HIS PERSONAL FEELING REGARDING THE
MATTER WAS THAT HE WOULD RATHER SEE IT OVER -DESIGNED RATHER THAN
UNDER -DESIGNED.
COMMISSIONER SCURLOCK STATED THAT ALL OF THIS PRECEDED HIS
TERM AND HE WOULD HAVE VOTED ItNO" TO INDIAN RIVER BOULEVARD BEING
THE NUMBER ONE PRIORITY. HE ADDED THAT HE WOULD HAVE PREFERRED
THE NUMBER ONE PRIORITY TO BE 16TH STREET AT THE HIGH SCHOOL.
COMMISSIONER SCURLOCK STATED HE WAS REALLY IN OPPOSITION TO THIS
PROJECT - THE COUNTY ONLY HAS $2.8 MILLION AVAILABLE, AND HE FELT
THE PROJECT WOULD COST MORE.
MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COM-
MISSIONER BIRD, THAT IF THE COUNTY DOES GO AHEAD WITH THE PROJECT,
REYNOLDS, SMITH & HILLS BE DIRECTED TO DESIGN THE BOX CULVERT,
REPLACING THE ELLIPTICAL CULVERT.
THERE WAS A BRIEF DISCUSSION THAT FOLLOWED.
COMMISSIONER FLETCHER RECALLED THE FLOODED CONDITIONS IN
THE AREA IN 1957, HE WAS OPPOSED TO THIS BEING THE NUMBER ONE
PRIORITY AND WAS HOPEFUL THAT THE BOARD WOULD REVIEW THEIR PRIORITIES
AND RECONSIDER THE WHOLE PROJECT.
COMMISSIONER BIRD THOUGHT THEY WOULD HAVE TIME TO RESTUDY
THE ENTIRE SITUATION BUT WOULD SUPPORT THE MOTION.
COMMISSIONER SCURLOCK FELT THE BOX CULVERT MATTER IS THE
t
DECISION BEFORE THE BOARD TODAY, AND HE DOES NOT WANT TO INDICATE
THAT HE WOULD SUPPORT THIS PROJECT IN THE FUTURE - JUST TO THIS ONE
SPECIFIC BOX 'CULVERT.
THE CHAIRMAN CALLED FOR THE (QUESTION. IT WAS VOTED ON
AND CARRIED WITH A VOTE OF 3 TO -..1, WITH COMMISSIONER FLETCHER VOTING
IN OPPOSITION, AND COMMISSIONER WODTKE BEING ABSENT.
A 1.1981.
46 Nr,F293
5 J
ANN ROBINSON, REPRESENTATIVE OF COUNTRY CLUB POINTE,
CAME BEFORE THE BOARD AND EXPRESSED APPRECIATION TO THE CONSULTANTS
OF REYNOLDS, SMITH & HILLS. SHE,REFERRED TO THE PERMIT APPLICATION
WHICH SHOWS THAT THE PROPOSED ROAD ENDS IN THE MARSH AT THE CITY
LIMITS, AND INQUIRED IF THE $1,133 CUBIC YARDS OF FILL WOULD BE
BROUGHT TO THE SITE FROM BARBER AVENUE.
CHAIRMAN LYONS RESPONDED THAT HE DID NOT KNOW THE -ANSWER
AS THE PERMIT APPLICATION WAS BEING HANDLED BY REYNOLDS, SMITH & HILLS.
ANN ROBINSON COMMENTED THAT ALL SHE WAS LOOKING FOR WAS
SOME ASSURANCE THAT THIS FILL WOULD COME FROM BARBER AVENUE AND
NOT FROM THEIR NEIGHBORHOOD.
MR. GHIOTO EXPLAINED THAT BARBER AVENUE EXTENSION IS PART
OF THE PROJECT AND IT WILL BE EXTENDED FROM THE EASTERLY END OF
BARBER AVENUE. HE SUSPECTED THAT THE TRUCKS WOULD COME IN THAT WAY
AND THAT IT CAN BE MADE A CONDITION ON THE PLANS AND SPECIFICATIONS.
WILLIAM CALDWELL APPROACHED THE BOARD AND COMMENTED THAT
HE OWNED PROPERTY ALONG THE EASTERN BOUNDARY OF THE PROPOSED EXTENSION
OF INDIAN RIVER BOULEVARD AND WAS CONCERNED WITH WHAT WAS GOING TO
HAPPEN WITH THE CULVERTS. HE REFERRED TO A PORTION OF THE ENGINEER'S
PRESENTATION CONCERNING THE POTENTIAL OF INCREASED DRAINAGE PROBLEMS.
MR. CALDWELL SUGGESTED AS PART OF THE CULVERT THEY COULD CONSTRUCT
A WEIR APPROXIMATELY 3' HIGH ON THE WESTERN END OF THE BOX CULVERT,
AND THAT THEY TAKE ADVANTAGE OF WHAT IS NOW A NATURAL DRAIN BETWEEN
COUNTRY CLUB POINTE AND THE PROPOSED ROAD AND HAVE THE WATER FLOW
THE WAY IT HAS BEEN FLOWING. HE ADDED THAT THERE IS A 3' DIKE IN THERE
NOW,,BUT IF A 5' CULVERT IN PUT IN PLUS THE ADDITIONAL DRAINAGE FROM
THE ROAD ITSELF, AND HAVE ALL THAT DRAINAGE GOING ON THE EAST SIDE,
HE THOUGHT THE PROBLEMS THAT HE EXPERIENCES THERE NOW WILL BE COMPOUNDED.
MR. CALDWELL STATED THAT IF THE WEIR IS SOMETHING THAT IS PRACTICAL
AND NOT TOO EXPENSIVE, HE WOULD HOPE THAT THE BOARD COULD SO INSTRUCT
THE ENGINEERS.
w.
MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY
COMMISSIONER BIRD THAT A WEIR BE INCLUDED IN THE CONSTRUCTION OF THE
CULVERT.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED WITH A VOTE OF 3 TO 1, WITH COMMISSIONER FLETCHER VOTING
}
IN OPPOSITION, AND COMMISSIONER WODTKE BEING ABSENT.
CHARLES SULLIVAN NEXT CAME BEFORE THE BOARD AND EXPLAINED
THAT HE AND HIS WIFE OWN ONE ACRE IN THE FILLED AREA AND EXPRESSED
CONCERN WITH THE LOCATION OF THE RIGHT-OF-WAY. HE FELT THAT THEY
WOULD BE CONDEMNING LAND THAT IS SO VALUABLE THAT THE RIGHT-OF-WAY
COST COULD .BE TREMENDOUS. MR. SULLIVAN STATED THAT THE MINUTE
THEY COME TO COUNTRY CLUB POINTE THEY MAKE A JOG TO THE CITY LIMIT
LINE, COMPLETELY TERMINATING ANY DEVELOPMENT BETWEEN THE WESTERN
RIGHT-OF-WAY BOUNDARY OF THIS HIGHWAY, AND THE CITY LIMIT LINE.
HE FELT THE LOCATION SHOULD BE MOVED JUST A FEW FEET TO THE EAST AND
THEY WOULD HAVE ALL THE LAND THERE FOR DEVELOPMENT TO BE A TAX BASE,
AND THE RIGHT-OF-WAY COST WOULD BE LESS. MR. SULLIVAN ADVISED THAT
HE WOULD BE HAPPY TO DONATE THE PORTION OF HIS LAND NEEDED FOR THIS.
HE ADDED THAT HE WOULD LIKE TO BE ABLE TO DISCUSS THIS FURTHER NOW
OR AT SOME MEETING THAT WAS MORE APPROPRIATE.
CHAIRMAN LYONS COMMENTED THAT THE FIRST MISTAKE WAS MADE
WHEN THEY PUT THE HOSPITAL WHERE IT IS NOW - THEN IT WAS LIKE A R -OW
OF DOMINOS. HE CONTINUED THAT THE ONLY WAY WE CAN GET A ROAD THROUGH
THERE WAS TO USE AN ALIGNMENT AS FAR WEST AS POSSIBLE. THIS IS A
PROBLEM THEY HAVE BEEN FIGHTING FOR YEARS, THE CHAIRMAN STATED.
HE THOUGHT IT VERY UNLIKELY THAT THEY COULD GET A PERMIT IF THE
i
ROAD IS MOVED ANY MORE TO THE EAST.
ATTORNEY RALPH EVANS, ASSOCIATED WITH ATTORNEY COLLINS'
FIRM, COMMENTED THAT THE NEXT STEP IN THE PROCESS WOULD BE TO ADOPT
THE RIGHT-OF-WAY MAPS AND RESOLVE TO PROCEED WITH THE CONDEMNATION.
HE CONTINUED THAT THE COUNTY MUST PROVE, IN THE JUDICIAL PROCESS,
IF THERE IS A NECESSITY FOR THIS ROAD.
WAS MAPPED, IT WOULD NEVER GO.
MR. SULLIVAN HOPED THAT -HE WOULD HAVE AN OPPORTUNITY TO
STATE HIS OBJECTIONS IN THIS MATTER, AND WONDERED WHERE IT WOULD
BE POSSIBLE TO FIND,SOMEONE WITH AUTHORITY ON THE ENVIRONMENTAL BOARD.
CHAIRMAN LYONS ADVISED THAT THEY HAD DEALT WITH THE EXECUTIVE
DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL REGULATION.
COMMISSIONER BIRD NOTED THAT MR. LITTLE'S COMMENTS REMAINED
UNANSWERED, AND REQUESTED ADMINISTRATOR NELSON TO RESPOND TO THEM.
ADMINISTRATOR NELSON STATED THAT HE WOULD FURNISH THE CITY
WITH A FORMAL LETTER.
TOM BUCHANAN, MEMBER OF THE VOLUNTEER AMBULANCE SQUAD,
CAME TO THE BOARD REPORTING THAT IN 1979 THEY MADE 681 RUNS FROM THE
BEACH AREA TO THE HOSPITAL, AND IN 19801 751 RUNS. HE THOUGHT HAVING
FOUR MINUTES WAS VERY IMPORTANT IN SAVING A LIFE, AS THE AMBULANCE
SQUAD CAN ONLY DO BASIC LIFE SUPPORT, SUCH AS CPR. MR. BUCHANAN
HOPED THE BOARD WOULD TAKE THIS INTO CONSIDERATION - HE FELT MORE
LIVES COULD BE SAVED BY HAVING INDIAN RIVER BOULEVARD. MR. BUCHANAN
STATED THEY HAVE PEOPLE VOLUNTEER THEIR TIME AND THEIR LIVES BY
WORKING AS VOLUNTEERS ON THE AMBULANCE SQUAD, AND HE FELT THERE WAS
A HEAL•T-H AND LIFE-SAVING SITUATION IN CONSIDERING THIS ROAD.
ROBERT LLOYD, CONSULTING ENGINEER, CAME BEFORE THE BOARD
ON BEHALF OF PAUL HOFFMAN OF CHICAGO, WHO OWNS APPROXIMATELY 85% OF
THE RIGHT-OF-WAY THAT THIS ROAD WILL BE BUILT ON. HE THEN READ FROM
A LETTER HE RECEIVED FROM MR. HOFFMAN WHERE FIVE POINTS WERE STRESSED:
(1) HE OBJECTED TO THE LOCATION OF THE PROPOSED INDIAN RIVER
.F
BOULEVARD AND THOUGHT IT SHOULD BE LOCATED NO MORE THAN 200' EAST
OF THE GOLF COURSE.
(2) THE WIDTH OF INDIAN RIVER BOULEVARD SHOULD BE NO MORE THAN
100'.
(3) HE OBJECTED TO REMOVAL D F FILL, AND OF THE PROPERTY LINE
BETWEEN INDIAN RIVER BOULEVARD AND THE EXTENSION OF HIS WEST PROPERTY
LINE. HE ALSO OBJECTED TO ANY CONDEMNATION OF PROPERTY WHERE IT
FRONTED THE GOLF COURSE, AND OF MOVING ANY FILL IN THIS AREA.
(4) THE BOX CULVERT SHOULD BE LOCATED AT THE CREEK.
(5) THE BOX CULVERT INDICATED FOR DRAINAGE ON THE SOUTH SIDE OF
BARBER AVENUE SHOULD BE REDIRECTED TO THE NORTH SIDE OF THE ROAD.
MR. LLOYD NOTED THAT MR, HOFFMAN HAS NEVER BEEN CONTACTED,
OR HAS THE TOTAL DESIGN OR CONCEPT OF THIS ROAD EVER BEEN DISCUSSED
WITH HIM - HE THOUGHT THIS SHOULD HAVE BEEN DONE SINCE HE IS THE
MAJOR PROPERTY OWNER CONCERNED.
MIKE O'GRADY, ASSISTANT ADMINISTRATOR OF INDIAN RIVER
MEMORIAL HOSPITAL, CAME BEFORE THE BOARD AND STATED IT WAS THE
HOSPITAL BOARDS POSITION THAT IT WOULD BE IN THE BEST INTEREST OF
THE CITIZENS OF THE HOSPITAL TAXING DISTRICT AND THE COUNTY IF THIS
ROAD BE CONSTRUCTED WITH ALL DUE SPEED. HE THEN REQUESTED +THE
FOLLOWING RESOLUTION CONCERNING THIS FACT BE PLACED IN THE MINUTES.
MR. O'GRADY FELT IT WAS DIFFICULT TO PUT A PRICE TAG ON A HUMAN
LIFE, AND THOUGHT THAT THE CONCERNS RAISED BY MR. BUCHANAN WERE
IMPORTANT AND SHOULD BE CONSIDERED BY THE BOARD.
NA 11981
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Boa 46 PACE297
MAY 119911
M I N U T -E S
of
BOARD OF TRUSTEES
';INDIAN RIVER COUNTY HOSPITAL DISTRICT
-SPECIAL CALLED MEETING
April 15, 1990
BQOK
The special galled meeting of the Board of Trustees, Indian River
County Hospital District, was called to order by Chairman Sorensen
on Tuesday, April 15, 1980, at 12:10 P.M.
Guests
Press
1.0 MOTION made by Mr. Neville, seconded by Mr. Ballard, that:
WHEREAS, the Board of Trustees of the Indian River County
Hospital District, owns and operates the Indian River Memorial
Hospital at 1000 36th Street, Vero Beach, Indian River County,
Florida; and
WHEREAS, quick access to the hospital from all areas of Indian
River County is essential in order to -insure that critically
ill or injured patients receive medical assistance at the
earliest possible time; and
WHEREAS, the completion of Indian River Boulevard north of
Royal Palm Boulevard to Barber Avenue would significantly
decrease the time required for many of the residents of Indian
River County to get to the hospital and receive emergency
medical care; and
WHEREAS, the inability to receive prompt medical care at the
hospital could result in the death of a critically ill or
injured person or minimize, the chance of a complete recovery
from such illness or injury.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of
the Indian River County Hospital District that the Board of
County Commissioners of Indian River County are requested to
t
Trustees
Mr.
J. Dale Sorensen
present:
Mr.
Robert F. Ballard
Mr.
Robert Jackson
Mr.
Grant Neville
Mr.
B. H. Emlet
Dr.
B. F. Sowell
Dr.
Hugh K. McCr_vstal
._Others
Mr.
John T. Hoyt, Executive Director
present:
Mr.
William J. Stewart, Attorney
Hospital Administrative Staff
Guests
Press
1.0 MOTION made by Mr. Neville, seconded by Mr. Ballard, that:
WHEREAS, the Board of Trustees of the Indian River County
Hospital District, owns and operates the Indian River Memorial
Hospital at 1000 36th Street, Vero Beach, Indian River County,
Florida; and
WHEREAS, quick access to the hospital from all areas of Indian
River County is essential in order to -insure that critically
ill or injured patients receive medical assistance at the
earliest possible time; and
WHEREAS, the completion of Indian River Boulevard north of
Royal Palm Boulevard to Barber Avenue would significantly
decrease the time required for many of the residents of Indian
River County to get to the hospital and receive emergency
medical care; and
WHEREAS, the inability to receive prompt medical care at the
hospital could result in the death of a critically ill or
injured person or minimize, the chance of a complete recovery
from such illness or injury.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees of
the Indian River County Hospital District that the Board of
County Commissioners of Indian River County are requested to
take all steps necessary to complete construction of Indian
River Boulevard north of Royal Palm Boulevard north of Royal
Palm Boulevard to Barber Avenue in order to minimize the time
required for critically ill or injured persons to get to the
hospital to receive emergency medical care.
BE IT FURTHER RESOLVED that the Board of Trustees of the
Indian River County Hospital District shall lend its assistance
to the Board of County Commissioners as necessary to facilitate
the completion of Indian River Boulevard.
BE IT FURTHER RESOLVED that the legislative delegation serving
Indian River County be advised of the necessity for the prompt
completionlof Indian River Boulevard and be requested to
render all assistance to the Board of County Commissioners
of Indian River County and the Board of Trustees of the Indian
River County Hospital District necessary to accomplish this
much needed project.
Motion carried with Doctor McCrystal abstaining.
'2.0. MOTION made by Mr. Ballard, seconded by Mr. Neville, requesting
Administration to pursue this subject locally for the purpose
of educating the public of its importance and obtain, if possible,
the support of the civic groups to reinforce our intentions on
this subject. Motion carried.
3.0 MOTION made by Mr. Neville, seconded by Mr. Ballard, that the
meeting be adjourned at 12:40 P.M. Motion carrried.
Respectfully submitted,
GRANT NEVILLE
Board Secretary
THERE BEING NO FURTHER BUSINESS, THE MEETING ADJOURNED
AT 3:00 O'CLOCK P.M.
ATT S ;
Fe �S
CHAIP MAN CLERK
MAY l �
WEDNESDAY, MAY 6, 1981
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, MAY 61 19811
AT 8:30 O'CLOCK A.M. PRESENT WERE PATRICK B. LYONS, CHAIRMAN;
WILLIAM C. WODTKE, .JR., VICE CHAIRMAN; DICK BIRD; ALFRED DROVER
FLETCHER; AND DON C. SCURLOCK, JR. 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 K. BARTON, FINANCE DIRECTOR; DAN FLEISCHMAN,
BAILIFF; AND VIRGINIA HARGREAVES AND .JANICE CALDWELL, DEPUTY CLERKS.
THE CHAIRMAN CALLED THE MEETING TO ORDER.
COMMISSIONER BIRD LED THE PLEDGE OF ALLEGIANCE TO THE FLAG,
AND ATTORNEY COLLINS GAVE THE INVOCATION.
ADDITIONS TO THE AGENDA
FINANCE DIRECTOR BARTON REQUESTED TWO ITEMS BE ADDED:
CONFIRMATION OF THIRD YEAR OF THE AUDIT CONTRACT, AND A DISCUSSION
REGARDING THE BUDGET.
ADMINISTRATOR NELSON REQUESTED ADDING AN ITEM CONCERNING
THE SCHOOL BOARDS REQUEST FOR OUR ASSISTANCE IN HAULING EQUIPMENT
FOR THEIR FOOTBALL FIELD.
ATTORNEY COLLINS REQUESTED ADDING AN ITEM REGARDING THE
70' STRIP IN THE TOWN OF INDIAN RIVER SHORES,
COMMISSIONER FLETCHER REQUESTED ADDING A DISCUSSION ON
THE MASTER PLAN. 10
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER
BIRD, THE BOARD UNANIMOUSLY AGREED TO ADD THE -"EMERGENCY ITEMS TO
THE AGENDA.
APPROVAL OF MINUTES
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE REGULAR MEETING OF APRIL 1, 1981.
EPP—
� J
MAY
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR
MEETING OF APRIL 1, 1981, AS WRITTEN.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE REGULAR MEETING OF APRIL 15, 1981,
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR
MEETING OF' APRIL 15, 1981, AS WRITTEN.
CIA;0
ON (MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE BUDGET AMENDMENT
ESTABLISHING A BUDGET FOR THE COMMUNITY SERVICES GRANT RECEIVED
FROM THE STATE, AS FOLLOWS:
ACCOUNT TITLE
ACCOUNT NO.
r'kTrnV a cF nprRRASR
Human Services Grants 004-000-334-60.00 3,146.
Indian River Council
on Aging 004-211-564-88.32 3,146
Human Services Grants 001-000-334-60.00 3,147
Sheltered Workshop 001-106-564-88.37 3,147
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY APPROVED TAX SALE CERTIFICATE No.
97 IN THE AMOUNT OF $26.14 FOR LOUIS J. AND ROSALIE CISZIK.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE STATE WITNESS PAYROLL,
CIRCUIT COURT, SPRING TERM 1981, IN THE AMOUNT OF $117.58.
FINANCE DIRECTOR BARTON EXPLAINED THAT ITEM D, CONCERNING
THE LAW LIBRARY PERSONNEL, WAS JUST FOR DISCUSSION PURPOSES AND TO
INFORM THE BOARD HOW THE MATTER WOULb BE HANDLED.
CHAIRMAN LYONS ELABORATED THAT IN THE PAST, JUDGE SMITH`S
SECRETARY WAS RESPONSIBLE FOR THE LIBRARY, AND SHE WAS PAID A NOMINAL
FEE FROM THE LAW LIBRARY COMMITTEE FUND. HE ADDED THAT THE LIBRARY
NOW HAS BEEN RELOCATED AND CLERK FREDA WRIGHT WAS ASKED TO SUPPLY A
LIBRARIAN, WHO WILL WORK PART TIME AS A CLERICAL PERSON AND PART OF
THE TIME IN THE LIBRARY, WITH HALF OF HER SALARY BEING SUPPLEMENTED
BY THE LAW LIBRARY COMMITTEE.
2
'M
MR. BARTON NOTED THAT MONEY FOR THIS MATTER WAS NOT NEEDED
AT THE PRESENT TIME BUT AT THE END OF THE FISCAL YEAR, ADDITIONAL
FUNDS MIGHT BE NEEDED TO COMPLETE THE FUNDING.
COMMISSIONER SCURLOCK INTERJECTED THAT, AT SOME LATER DATE,
HE WOULD LIKE TO DISCUSS THE POSSIBILITY OF HAVING THE LIBRARIAN
WORK DIRECTLY OUT OF THE•COUNTY ATTORNEYS OFFICE, WHEN IT IS
LOCATED AT THE NEW ADMINISTRATION BUILDING.
FINANCE DIRECTOR BARTON REFERRED TO ITEM E - CONFIRMATION
OF THIRD YEAR OF THE AUDIT CONTRACT - AND EXPLAINED THAT THE AUDITING
FIRM WAS REQUESTING THIS CONFIRMATION, AS NOTED IN THE FOLLOWING MEMO:
Chairman Vice Chairman
PATRICK S. LYONS WILLIAM C. WODTKE, JR. A. DROVER FLETCHER DON C. SCURLOCK. JR. DICK GIRD
District 2 District 4 District 1 District 3 District 5
BOARD OR COUNTY COMMISSIONERS
2145 14th Avenue, Vero Beach, Florida 32960
NEIL A. NELSON • County Administrator
Lawyers Title Building
2345 14th Avenue. Vero Beach. Florida 32960
Telephone: (305) 562-4186
To: Board of County Commissioners
From*. Jeffrey K. Barton, Finance Director
Subject: Third Year of Audit Contract
Secretary to Board
Telephone: (305) 569-1940
May 5, 1981
September 30, 1981 is the end of the fiscal year and must
be audited by outside auditors. The contract for auditing services
between the County and the joint venture,required the third year of
the contract to be approved by the then current County Commissioners.
The third year of the contract calls for an audit fee not to exceed
$58.100.00
It is my recommendation that the third year of the audit
contract be approved by this commission.
.. _ 3
ON MOTION MADE BY COMMISSIONER WODTKE, SECONDED BY COM-
MISSIONER SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE THIRD YEAR
AUDIT CONTRACT FOR THE .JOINT VENTURE OF O'HAIRE, PETERKIN & MORAN
AND DELOITTE, HASKINS & SELLS.
MR. BARTON DISCUSSED ITEM F REGARDING THE'BUDGET AND
REPORTED THAT WHEN THE TENTATIVE BUDGET IS PRESENTED TO THE BOARD ON
.JUNE 3RD, JT WILL ONLY BE THE EXPENSE SIDE OF THE BUDGET AS A LOT
OF THE REVENUE ITEMS ARE STILL NOT KNOWN PLUS THE CERTIFICATION OF
THE PROPERTY APPRAISER IS AN UNKNOWN. HE THEN ASKED THE BOARD FOR
DIRECTION AS TO WHERE THE -911 PROJECT SHOULD BE PLACED ON THE BUDGET.
LENGHTY DISCUSSION ENSUED AND IT WAS DETERMINED THIS ITEM
WOULD COME UNDER THE GENERAL FUND.
CONSENT AGENDDA
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY APPROVED THE APPLICATION FOR A PERMIT
TO CARRY A CONCEALED FIREARM FOR:
THOMAS S. CHANG C. REED KNIGHT, JR.
GERALD LEROY STEELE
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY APPROVED A PROCLAMATION DESIGNATING
THE WEEK OF MAY lO - 16, 1981 As NATIONAL HOSPITAL WEEK.
P R O C L A M A T I O N
WHEREAS, the health and welfare of our citizens
are of vital State and local concern; and
WHEREAS, the rapid growth, throughout the Nation,
during the past few years has added an ever increasing
burden on the hospital and service facilities which strive
to keep pace with the tremendous advancements of science
and industry; and
WHEREAS, despite many impediments, the adminis-
tration and personnel of these medical facilities have
steadily adopted new technical and scientific discoveries,
procedures and developments for the increased comfort and
well-being of the patients to their care; and
S
WHEREAS, a national week of recognition to be
observed May 10 - 16, 1981 has been established in tribute
to the exemplary works of these medical facilities
through the United States; and
WHEREAS, the Florida Hospital Association, In-
corporated, and similar associations across the country
will conscientiously regard their many responsibilities
and goals during that time;
_ NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA,.that
The Week of -May 10 - 16, 1981
shall be designated as
NATIONAL HOSPITAL WEEK -
and
BE IT FURTHER PROCLAIMED that the Board urges all
citizens to join in saluting and supporting the continued
dedication of these institutions to the alleviation of the
pain and anguish of the s -ick and injured.
BOARD OF COUNTY COMMISSIO-NERS-OF
INDIAN`IVER COUNTY, FLORIDA
V Patrick B;• Lon
Chairman
'7777
7`7777
MAY
6'981
ITEM C REGARDING THE EASEMENT RELEASE IN ROSELAND GARDENS
SUBDIVISION WAS DISCUSSED AND ATTORNEY COLLINS SUGGESTED REVISING
THE RESOLUTION AND RELEASE OF EASEMENT TO REFLECT THE FACT THAT ALL
PROPERTY OWNERS WITHIN THE SUBDIVISION HAVE AN INTEREST IN THE
EASEMENT.
EMOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COM-
MISSIONER WODTKE, THAT THE BOARD ADOPT RESOLUTION N0. 81 -26 -RELEASING
WHATEVER INTEREST IT HAS IN THE SIDE LINE EASEMENTS BETWEEN LOTS S
AND 9, ROSELAND GARDENS SUBDIVISION, SUBJECT TO REPRESENTATION TO
THE OTHER PROPERTY OWNERS IN THE PRIVATE SUBDIVISION THAT THE COUNTY
IS RELEASING ONLY THE PUBLIC RIGHTS ASSOCIATED WITH THESE EASEMENTS.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED UNANIMOUSLY.
5
RESOLUTION NO. 81-26
WHEREAS, the Board of County Commissioners of Indian River County,
Florida, have been requested to release those common side lot easements
lying between lots 8 and 9, Block 8, ROSELAND GARDENS, a subdivision
as recorded in Plat Book 8, page 25, Public Records of Indian River
County, Florida; and
r
9
WHEREAS, said lot line easements were privately dedicated on the
Plat of ROSELAND GARDENS for utility purposes; and
WHEREAS, the request for such release of easement has been
submitted in proper form;
WHEREAS, there exists both public and private rights associated
with the easements
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, that the public rights on tKe follow-
ing common lot line easements in ROSELAND GARDENS, shall be released,
Abandoned and vacated as follows:
Those common side lot easements lying between lots 8 and 9,
Block 8, ROSELAND GARDENS, a subdivision as recorded in Plat
Book 8, page 25, Public Records of Indian River County, Florida.
BE IT FURTHER RESOLVED that the Chairman of the Board of County
Commissioners and the Clerk of the Circuit Court be and they hereby are
authorized and directed to execute a release of the public interest of
said lot line easements hereinabove referred to in form proper for
recording and placing in the Public Records of Indian River County,
Florida.
This 6th day of
May , 1981.
BOARD OF COUNTY COMMI§SIONERS OF
INDIAN RIVER COUNTY, FLORIDA.
By:
This Release of Easement, executed this 6th day of May ,1981,
by the Board of County Commissioners of Indian River County, Florida, a
political subdivision of the State of Florida, first party, to Kenneth K.
Atha, Trustee, whose mailing address is P.O. Box 218, Sebastian, Florida,
second party: R
WITNESSETH:
That th`e said party of the first part for and in consideration of
the sum of one dollar ($1.00) and other good and valuable consideration in
hand paid by the said second party, does hereby remise, release, abandon
and quit claim unto the said second party forever, all the public rights,
title, interest, claim and demand which the said first party has in and to
the following described easement, lying on land situate in the County of
Indian River, State of Florida, to -wit:
Those common side lot easements lying between lots 8 and 9,
Block 8, ROSELAND GARDENS, a subdivision as recorded in Plat
Book 8, page 25, Public Records of Indian River County, Florida.
IN WITNESS WHEREOF, the said first party has signed and sealed these
presents by the parties so authorized by the law the day and year above
written.
Signed, sealed and delivered
in the -presence of:
BOARD OF COUNTY COMMISSIONERS OF
INDIA"VER COUNTY, FLORIDA
Fl. jr9ri���In
atrick B: Ly s, Cha
Attest:
Freda Wright, Cle
W.
rman -
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, PATRICK B. LYONS, as Chairman of the Board of
County Commissioners of Indian River County, a political subdivision
of the State of Florida, and FREDA WRIGHT, as Clerk of the Circuit Court,
to me known to be the persons duly authorized by said County to execute
the foregoing instrument and they acknowledged before me that they
executed the same for and on behalf of the said political subdivision.
WITNESS my hand and seal in the County and State last aforesaid
this day of 1981.
It
Notary Publ' , State of Florida Large
My commissi expires: _
NOTARY IKXLIC STATE OF RDRIPA AT
MY COMMISSION EXPIRES AXY 8 1982
(Notary Seal) TW GM*.L INS. UNDUWFLITIN
� - gyp;°=as+.we. w�r`t::., ........+�.z-.,� � pw�-.. � cam. '�•u- �.ar;
CHAIRMAN LYONS SUMMARIZED BRIEFLY THAT THERE WAS A POSSIBILITY
THAT THE VARIOUS GROUPS IN GIFFORD ARE GETTING TOGETHER AND COMING
TO THE POINT WHERE THEY WILL BE COMING BEFORE THE BOARD TO ASSIST
THEM IN FORMING TH�GIFFORD STREET LIGHTING DISTRICTI-
JOINT WORKSHOP MEETING
if
ADMINISTRATOR NELSON DISCUSSED THE POSSIBILITY OF HAVING
A JOINT WORKSHOP MEETING WITH THE BOARD AND THE PLANNING & ZONING
COMMISSION.
AFTER SOME DISCUSSION, IT WAS AGREED THERE WOULD BE A
JOINT WORKSHOP MEETING ON MAY 13, 1981 AT 4:00 O'CLOCK P.M. IN
THE CITY HALL CHAMBERS WITH THE BOARD AND THE PLANNING & ZONING
COMMISSION.
FRANCHISE CONTROL
CHAIRMAN LYONS FELT IT WOULD BE BENEFICIAL TO LEARN HOW
OTHER COUNTIES HANDLE THEIR CONTROL OF FRANCHISES AND SUGGESTED THAT
A WORKSHOP BE SET UP TO STUDY THIS MATTER.
COMMISSIONER SCURLOCK AGREED AND THOUGHT THE BOARD NEEDED
TO COME UP WITH A DIFFERENT FORMAT WITH PROVISIONS FOR ANNUAL
EVALUATIONS OF THE SYSTEM.
ATTORNEY COLLINS SUGGESTED GETTING THIS SUBJECT ON THE
NEXT AGENDA FOR A BRIEF DISCUSSION.
MASTER PLAN
COMMISSIONER FLETCHER INQUIRED ABOUT THE IMPLEMENTATION OF
THE MASTER PLAN.
{
PLANNING DIRECTOR REVER EXPLAINED THAT THERE WILL BE A
LIST OF ALL THE TYPES OF DOCUMENTS THAT WILL ACCOMPANY THE MASTER
PLAN FOR IMPLEMENTATION.
GIFFORD SEWER & WATER ADVISORY COMMITTEE - REPORT
COMMISSIONER SCURLOCK FELT THAT A PROCEDURE BE ESTABLISHED
WHERE INDIVIDUALS COULD RECEIVE A DEFERRED PAYMENT SCHEDULE FOR A
LIMITED PERIOD OF TIME, SUCH AS 90 DAYS.
MOTION WAS MADE BY COMMISSIONER FLETCHER, SECONDED BY
COMMISSIONER BIRD, THAT COMMISSIONER SCURLOCK WORK WITH ATTORNEY
COLLINS AND UTILITIES DIRECTOR LINER TO COME UP I4ITH AN OBJECTIVE
PLAN TO OFFER A DEFERRED PAYMENT SCHEDULE TO THE RESIDENTS OF GIFFORD
FOR THE SEWER AND WATER SYSTEM, SUCH AS A 90 DAY TRIAL PERIOD.
DISCUSSION FOLLOWED ALONG THOSE LINES.
COMMISSIONER WODTKE WAS IN FAVOR OF HAVING THE INITIAL
DOWN PAYMENT LARGE ENOUGH SO THAT THE COST OF INSTALLATION IS COVERED,
AND COMMISSIONER BIRD AGREED.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
PUBLIC HEARING - PROPOSED DRUG ABUSE ORDINANCE
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:
'BOOK 46
PACE
10
•,1Q
MAY 6
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority persona Ily*appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
,
a 64 P�
f
in the matter of �!A M/, A ,4( . &A "—t /7
in the
lished in said newspaper in the issues of Atzh r )
Court, was pub -
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before me this
(SEAL)
(Clerk of the Circuit Court, I
river wunry, rionoa)
BOCK ` �ar;F
r NOTICE IJ
NOTICE.ISHEREBY GIVEN that the Board
,
of County. Commissioners. of Indian River:
County, Florida, will hold a public hearing on 1i
May 6; 1981 at 9:00 a.m., in the City Councit.;4
Chambers -in the Vero Beach City Hall to
consider the adoption of al}
Ordinance amending Chapt:.17 of the Code of'.
Ordinances of Indian River County, Florfdac<
entitled OFFENSES AND.MISCELLANEOUS`'
PROVISIONS by adding a new. section to be
numbered .17-3. related to, drug abuse'
prevention and control defining the term
"drug paraphernalia;" providing a procedure'a
for determining whether.• or; not an object 7;
drug paraphernalia, prohlbiting, the;
possession,,;. manufacture, .; delivery ; or a'
vertiseme'nt of drug paraphernalias-s
prohibiting manufacturing or dell drug
paraphernalia; estabiishing;°penalties; and f
providing for an effective date
If any person decided toappeal any decision
made on the above matter, he wili need: -a
record of the proceedings; and for'such pur
poses, he may need to insure, that a verbatimc
record of the proceedings is made, which `F
record includes the testimony in evidence. on;'r
which the appeal is based.
Board of County Commissioners
Of Indian River County; Florida,.,,',�
By: -s -Patrick B. Lyons,.
Chairman
April 15, 1981.,
CHAIRMAN LYONS ASKED IF THERE WAS ANYONE IN THE AUDIENCE
WHO WISHED TO BE HEARD.
MIKE WILLIAMS CAME BEFORE THE BOARD AND STATED THAT THE
PROPOSED ORDINANCE WILL PUT HIM OUT OF BUSINESS. HE ADDED THAT IT
HAD TAKEN HIM FIVE YEARS TO BUILD UP HIS NOVELTY SHOP AND T-SHIRT
BUEINSSS; THE COMMUNITY HAD HELPED HIM BUILT IT UP TO A $10,000
INVENTORY. PAIR. WILLIAMS COMMENTED THAT ALL HE WAS ASKING FOR WAS
A PROPER AMOUNT OF TIME IN ORDER TO LIQUIDATE HIS BUSINESS, AND
REQUESTED 60 DAYS -SINCE HE WAS ONLY OPEN EIGHT DAYS A MONTH. HE
ADDED THAT THE PROPOSED ORDINANCE WOULD AFFECT 95% OF HIS BUSINESS —
IT WOULD RUIN HIM.
COMMISSIONER WODTKE ASKED IF THE PRODUCTS THAT HE SOLD
WERE DESIGNED AND SOLD FOR DRUG USE.
MR. WILLIAMS RESPONDED THAT SOME WERE AND SOME WERE NOT,
BUT HE WAS WILLING TO WORK WITH THE BOARD AND WOULD GET RID OF ANY
ITEMS THEY REQUESTED.
SHERIFF DOBECK.APfROACHED THE BOARD AND STATED HE WOULD
LIKE TO SEE THE BOARD TAKE THE STEPS NOW TO IMPLEMENT THIS ORDINANCE
BEFORE THE STATE REQUIRES THAT IT BE DONE.
RAY REDSTONE, CHAIRMAN OF CITIZENS AGAINST DRUGS, REQUESTED
THAT VARIOUS PETITIONS CONTAINING 2,275 SIGNATURES BE MADE A PART
OF THE RECORD, AND STATED THAT THE GROUP HE REPRESENTED RECOMMENDED
THAT THIS ORDINANCE BE PASSED,
THE PETITIONS ARE ON FILE IN THE OFFICE OF THE CLERK.
AUDIE GREGG, INTERESTED CITIZEN, APPROACHED THE BOARD AND
IMPLORED THE COMMISSIONERS TO TAKE A STAND IMMEDIATELY ON THIS ISSUE
AS DRUGS WERE EATING AWAY AT THE BODIES OF OUR YOUNG PEOPLE. SHE
FELT THIS CALLED FOR EXTRAORDINARY MEASURES AND THAT THE BOARD TAKE
THE STAND TO STOP THE DRUGS IN THIS COMMUNITY.
WILLIAM KOOLAGE, INTERESTED CITIZEN, STATED THAT THE SENIOR
CITIZENS OF THE COUNTY ARE VERY AWARE OF OUR DRUG PROBLEM. HE STATED
HE HAD SYMPATHY FOR A YOUNG MAN IN BUSINESS BUT NOT WHERE THERE IS
A RISK SUCH AS THIS. MR. KOOLAGE STATED HE DID NOT HAVE A GREAT
DEAL OF CONFIDENCE IN BILLS BEING PASSED ON THE STATE LEVEL, BUT HE
HAD MORE CONFIDENCE ON THE LOCAL LEVEL, AND WOULD ENCOURAGE THE
BOARD FOR IMMEDIATE PASSAGE OF THE PROPOSED ORDINANCE.
WILLIAM KRINGLE, OF THE AMERICAN ASSOCIATION OF RETIRED
PERSONS, CAME BEFORE THE BOARD AND STATED THEY STRONGLY RECOMMEND
THE BOARD TAKE ANY KIND OF STEP TO STOP THE FLOW OF DRUGS,
ON -MOTION MADE BY COMMISSIONER SCUR,.00K, SECONDED BY
COMMISSIONER BIRD, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
ATTORNEY COLLINS REVIEWED THE PROPOSED ORDINANCE AND
STATED THE DEFINITIONS ARE THE SAME AS THE ORDINANCE PASSED BY THE
T tUo 12 aaa
v
THAT IS SOMEWHAT DIFFERENT, AND THAT PORTION HAS BEEN AMENDED.
COMMISSIONER WODTKE HOPED THAT THE BOARD WOULD BE ABLE TO
ENFORCE THIS ORDINANCE IF IT IS PASSED. HE STATED THAT IF A PERSON
IS IN A GOOD, LEGITIMATE BUSINESS,'AND IF THEY ARE BUYING FROM A
REPUTABLE COMPANY, MERCHANDISE COULD BE RETURNED TO THAT COMPANY
FOR CREDIT. COMMISSIONER WODTKE WAS IN FAVOR OF PASSING THE ORDINANCE
WITHOUT DELAY.
COMMISSIONER FLETCHER EXPRESSED CONCERN ABOUT THE WORDING
OF SEVERAL PARAGRAPHS IN THE ORDINANCE, AND WAS HOPEFUL THAT ITEMS_
FOUND IN THE AVERAGE HOME WOULD NOT FALL INTO THIS CATEGORY, HE
THEN DISPLAYED VARIOUS ITEMS SUCH AS AN ALLIGATOR CLIP, A LADIES HAIR
CURLER, TWEEZERS, A CORN COB PIPE, AND A SYRINGE.
SHERIFF DOBECK INFORMED THE BOARD THAT HIS OFFICERS WERE
DISCREET AND PROFESSIONAL ENOUGH TO BE ABLE TO DISTINGUISH THE LAW
AS IT IS WRITTEN. HE THEN ASKED THAT THIS ORDINANCE BE PASSED AS
QUICKLY AS POSSIBLE.
MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMIS-
SIONER SCURLOCK, THAT THE BOARD ADOPT ORDINANCE N0. 81-17 IN ITS
PRESENT FORM, THAT IT GO INTO EFFECT IMMEDIATELY, AND THAT THE
SHERIF.BE ENCOURAGED TO ENFORCE IT IN GOOD SPEED.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION.
4 '
{
ORDINANCE NO. 81-17
AN ORDINANCE AMENDING CHAPTER 17 of THE CODE OF
ORDINANCES OF INDIAN RIVER COUNTY, FLORIDA, EN-
TITLED "OFFENSES AND MISCELLANEOUS PROVISIONS",
BY ADDING A NEW SECTION TO BE NUMBERED 17-3
RELATED TO DRUG ABUSE PREVENTION AND CONTROL
DEFINING THE TERM "DRUG PARAPHERNALIA; PRO-
VIDING A PROCEDURE FOR DETERMINING WHETHER OR NOT
AN OBJECT IS DRUG PARAPHERNALIA; PROHIBITING THE
POSSESSION, MANUFACTURE, DELIVERY OR ADVERTISEMENT
OF DRUG PARAPHERNALIA; ESTABLISHING PENALTIES; AND
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA:
SECTION I
That Chapter 17 of the Indian River County, Florida Code of
Ordinances is hereby amended by adding thereto a new Section to
be numbered Section 17-3, which shall read as follows:
Section 17-3. Defining term "Drug Paraphernalia";`
procedure for determining; prohibiting
possession, manufacture, delivery or
advertisement; prohibiting manufacture
or delivery; establishing penalties.
A. The term "drug paraphernalia" means all equipment, products,
and materials of any kind which are used, intended for use, or
designed for use, in planting, propagating, cultivating, growing,
harvesting, manufacturing, compounding, converting, producing,
processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, injecting, ingesting, inhaling,
or otherwise introducing into the human body a controlled sub-
stance in violation of the Controlled Substance Act of this
State. It includes, but is not limited to:
(1) Kits used, intended for use, or designed for use in
planting, propagating, cultivating, growing or harvesting of -any
species of plant which is a controlled substance or from which a
controlled substance can be derived;
(2) Kits used, intended for use, or designed for use in
manufacturing, compounding, converting, producing, processing,
or preparing controlled substances;
(3) Isomerization devises used, intended for use, or
designed for use in increasing the potency of any'species of
plant which is a controlled substance;
(4) Testing equipment used, intended for use, or designed
for use in identifying or in analyzing the strength, effectiveness
or purity of controlled substances;
(5) Scales and balances used, intended for use, or designed
for use in weighing or measuring controlled substances;
(6) Diluents or adulterants, such as quinine hydrochloride,
mannitol, mannite, dextrose and lactose, used, intended for use,
or designed for use in cutting controlled substances;
MAY 61981 BOOK 4PAGE 314,
-BOOK
p(
AY 61981
(7) Separation gins and sifters used, intended for use,
or designed for use in removing twigs and seeds from, or in
otherwise cleaning or refining marihuana;
(8) Blenders, bowls, containers, spoons and mixing devices
used, intended for use, or designed for use in compounding
controlled substances;
(9) Capsules, balloons,, envelopes, and other containers used,
intended for use, or designed for use in packaging small quan-
tities of controlled substances;
(10) Containers and other objects used, intended for use,
or designed f6.� use in storing or concealing controlled sub-
stances;
(11) Hypodermic syringes, needles and other objects used,
intended for use, or designed for use in parenterally injected
contrdlled substances into the human body;
(12) Objects used, intended for use, or designed for use in
ingesting, inhaling, or otherwise introducing marihuana, cocaine,
hashish, or hashish oil into the human body, such as:
(a) Metal, wooded, acrylic, glass, stone plastic,or
ceramic pipes with or without screens, permanent screens,
hashish heads, or punctured metal bowls;
(b) Water pipes;
(c) Carburetion tubes and devices;
(d) Smoking and carburetion masks;
(e) Roach clips: meaning objects used to hold burning
material; such as a marihuana cigarette, that has become
too small or too short to be held in the hand;
(f) Miniature cocaine spoons and cocaine vials;
(g) Chamber pipes;
(h) Carburetor pipes;
(j) Air -driven pipes;
(k) Chillums;
(1) Bongs;
(m) Ice pipes or chillers;
In determining whether an object is drug paraphernalia, a
court or other authority should consider in addition to all
other logically relevant factors, the following:
(1) Statements by an owner or by anyone in control of the
object concerning its use;
(2) The proximity of the o4ject, in time and space, to a
direct violation of this Act;
(3) The proximity of the object to controlled substances;
(4) The existence of any residue of controlled substances
on the object;
-2-
(5)• Direct or circumstantial evidence of the intent of
an owner, or of anyone in control of the object, to deliver
it to persons who he knows intend to use to object to facili-
tate a violation of this Act; the innocence of an owner, or of
anyone in control of the object, as to a direct violation of
this Act should not prevent a finding that the object is
intended for use, or designed for use as drug paraphernalia;
(6) Instructions, oral or written, provided with the
object concerning its use;
(7) Descriptive materials accompanying the object which
explain or depict its use;
(8) National and local advertising concerning its use;
(9) The manner in which the object is displayed for sale;
(10) Whether the owner, or anyone in control of the object,
is a legitimate supplier of like or related items to the
community, such as a licensed distributor or dealer of tobacco
products;
(11) Direct or circumstantial evidence of the ratio of
sales of the object(s) to the total sales of the business
enterprise;
(12) The existence and scope of legitimate uses for the
objects in the community;
(13) Expert testimony concerning its use.
B. Possession of Drug Paraphernalia. It is unlawful for any
person to use, or to possess with intent to use, drug parapher-
nalia to plant, propagate, cultivate, grow, harvest, manu-
facture, compound, convert, produce, possess, prepare, test,
analyze, pack, repack, store, contain, conceal, inject, ingest,
inhale or otherwise introduce into the human body a controlled
substance in violation of this Act. Any person who violates
this Section is guilty of an offense and upon conviction may be
penalized as provided in Section I -F of this Ordinance.
C. Manufacture or Delivery of Drug Paraphernalia. It is
unlawful for any person to deliver, possess with intent to
deliver, or manufacture with intent to deliver, drug parapher-
nalia, knowing that it will be used to plant, propagate, culti-
vate, grow, harvest, manufacture, compound, convert, produce,
process, prepare, test, analyze, pack, repack, store, contain,
conceal, inject, ingest, inhale, or otherwise introduce into
the human body a controlled substance in violation of this Act.
Any person who violates this Section is guilty of an offense
and upon conviction may be penalized as provided in Section I -F
of this Ordinance.
D. Advertisement of Drug Paraphernalia.. It is unlawful for
any person to place in any newspaper, magazine, handbill, or
other publication any advertisement, knowing that the purpose
of the advertisement, in whole -or in part, is to promote the
sale of objects designed or intended for use as drug parapher-
nalia. -Any person who -violates this Section is guilty of an
offense and upon conviction may be penalized as provided in
Section I -F of this Ordinance.
E. Severability.. If any provision of this Ordinance or the
application thereof to any person or circumstance is held
invalid, the invalidity does not affect other provisions -or
applications of the ordinance which can be given effect without
the invalid provision or application, and to this end the pro-
_
visions of this Ordinance are severable.
-3-
MAY 61981 moK. 4 � PAGE 316
F77
MAY 61981
Ej
46 PAGE317.1
F. Penalties. Any person violating any of. -the provisions
of this Ordinance shall, upon conviction, be punished as pre-
scribed by law for violations of County Ordinances. Each day
or -fraction thereof that a violation*of this Ordinance continues
shall be deemed a separate violation.
- SECTION II
This Ordinance shall become effective according -to law.
FIRE ESCAPE - COUNTY JAIL
THE BOARD NEXT REVIEWED THE FOLLOWING MEMORANDUM FROM
ADMINISTRATOR NELSON:
TO: The Honorable Members of DATE: Apri 1 30, 1981 FILE:
the Board of County Commissioners
SUBJECT: County Jail -
Fire Escape
FROM: Nei 1 A. Nelson REFERENCES:
County Administrator
Sheriff Dobeck has advised that all available bids for construction of the
proposed County Jail Fire Escape have been received. Accordingly, it is
recommended the Board of County Commissioners approve the following bids
and authorize implementation.
Lige's Welding & Repair, Inc.
Materials & labor $4,000.00
Larkin's Fence Company
Fencing & labor, including
necessary razor ribbon & gate 1,381.50
Total $5,381.50 -
Funds for this expenditure are available in account No. 102-906-523-6639,
County Jail.
MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY
COMMISSIONER FLETCHER, FOR THE BOARD TO APPROVE THE REQUEST AS
SUBMITTED.
DISCUSSION FOLLOWED REGARDING WHICH FUND"TO USE FOR THIS
PROJECT, AND IF COUNTY.EMPLOYEES COULD BE USED FOR ERECTING THE FENCE.
THE MATTER AROSE OF THE COUNTY PURCHASING DEPARTMENT ASSISTING OTHER
CONSTITUTIONAL OFFICERS WITH THEIR BIDDING PROCEDURE, AND IT WAS
DETERMINED THAT IF THE PROJECT IS ONE OF -RENOVATION OR CONSTRUCTION,
IT SHOULD COME THROUGH THE COUNTY PURCHASING DEPARTMENT, BUT OTHERWISE,
IT SHOULD NOT. _
THE BOARD AGREED THAT A PROCEDURE SHOULD BE SET UP SO THAT
THE PURCHASING DEPARTMENT WOULD ASSIST THE SHERIFF S DEPARTMENT,
MAY 61961 18oo46 PAr,€8
F-22
6198
1 BOOK 46 PAGE 319
MAY
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND DID NOT CARRY WITH A VOTE OF I TO 4, CHAIRMAN SCURLOCK VOTING
IN FAVOR OF THE MOTION.
ON MOTION MADE BY -COMMISSIONER WODTKE, SECONDED BY COM -
MISSIONER BIRD, THE BOARD UNANIMOUSLY APPROVED -A BUDGET AMENDMENT
USING THE GENERAL FUND FOR THE FIRE ESCAPE AT THE COUNTY JAIL, AS
FOLLOWS:
Chairman Vice Chairman
PATRICK B. LYONS WILLIAM C. WODTKE, JR.. A. GROVER FLETCHER DON C. SCURLOCK, JR. DICK BIRD
District 2 District 4 District 1 District 3 District 5
BOARD OF COUNTY COMMISSIONERS
2145 14th Avenue, Vero Beach, Florida 32960
NEIL A. NELSON - County Administrator
Lawyers Title Building
2345 14th Avenue, Vero Beach, Florida 32960
Telephone: (305) 562-4186
Memo to: Board of County Commissioners
Secretary to Board
Telephone: (305) 569-1940
May 6, 1981
From �`-�' Jeffrey K. Barton, Finance Director
In re: Fire Escape County Jail
The Following budget amendment is necessary to allocate funds
for the construction of a Fire Escape at the County Jail.
I reccomend the following budget amendment to be approved as
part of the additicnal funds adopted.
ACCOUNT TITLE ACCOUNT NO. INCREASE DECREASE
Other Improvements 001-906-523-66.39 5,385
Except Buildings
Reserve for
Contingency 001-199-513-99.91 5,385
JKB/dw
ON MOTION MADE BY COMMISSIONER FLETCHER, SECONDED BY
COMMISSIONER BIRD, THE BOARD UNANIMOUSLY APPROVED THE RECOMMENDATION
OF THE ADMINISTRATOR, USING FUNDS FOR THE FIRE ESCAPE AT THE COUNTY
JAIL FROM THE GENERAL FUND.
n
PROCLAMATION - OLDER AMERICANS MONTH
ON MOTION MADE BY COMMISSIONER WODTKE, SECONDED BY COM-
MISSIONER BIRD, THE BOARD UNANIMOUSLY APPROVED DESIGNATING THE MONTH
OF MAY AS OLDER AMERICANS MONTH,
CHAIRMAN LYONS THEN READ AND PRESENTED THE FOLLOWING
PROCLAMATION TO ARTHUR SAMMUT, PRESIDENT OF THE VERO BEACH CHAPTER
OF AARP:
MAY 61981
20 BOOK 48 PAGE+.JN
MAY
P R O C L A M A T I O N
BQQi(
WHEREAS, today 's older citizens have molded and nurtured
the world fn whish we live and they will act as a positive
force for change in the future by continuing t -o build bridges
between young and old and by helping the community to prepare
itself for the future when a still greater percentage of its
residents will be older; and -
WHEREAS, -OLDER AMERICANS lead lives of independence,
dignity, and purpose and, when.called upon cheerfully give
of their time, talents and money. Their experience, wisdom
and caring are vital to our hopes of rehumanizing the world
and correcting its -wavering direction; and
-
WHEREAS, the VERO BEACH CHAPTER #1406 of A.A.R.P., INC.
has approximately nineteen hundred (1900) members; -and
. WHEREAS, the members of the VERO BEACH CHAPTER #1406
of A.A.R.P., INC. are taking part in the affairs of our
community and making significant contributions to the well
being of our citizens; and
WHEREAS, OLDER AMERICANS perform many services as
volunteers for various charitable organizations among them
being:
AMBULANCE SQUAD
HOSPITAL AUXILIARY
RED CROSS
MEALS ON WHEELS
and
6- PAPE 21
WHEREAS, OLDER AMERICANS have held and are holding
various public offices among them being service on the follow-
ing public boards:
CITY COUNCIL
COUNTY COMMISSION
PARKS, PLANNING & ZONING
COMMISSION
CITY FINANCE COMMITTEE
COUNTY HOUSING FINANCE -
AUTHORITY
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That
the month of May
shall be designated as
"OLDER AMERICANS' MONTH"
and
BE IT FURTHER PROCLAIMED, That the Board expresses its
appreciation to the County's OLDER AMERICANS and most
particularly to the members of the VERO BEACH CHAPTER #1406
of A.A.R.P., INC.
BOARD OF OUNTY COMMISSIONERS OF.
INDIAN ER COUNTY,, FLORIDA
_C7 - 0
Y -Chairman
91
PUBLIC HEARING —-RE APPLICATION FOR SMALL CITIES PROGRAM - CDBG
THE HOUR OF 10;00 O'CLOCK A.M. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED,
TO—WIT;
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
PUBLIC HEARING NOTICE
STATE OF FLORIDA
Notice is hereby given that the County
Commission of Indian River County will hold a
Before the undersigned authority personally appeared J. J. Schumann, Jr, who on oath
public hearing on May 6, 1981 at 10:00 m.and
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
5:01 p.m. in the Council Chambers of Vero
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
Beach City Hall at 1053 20th Place, Vero
Beach, Florida, for the purpose of:
'/JyJ�
k
(1) Informing the citizens of the County's
a � :��
intent to file an Application for funding under
the Small Cities Program of the Housing &
Community Development Act of 1974 and 1978,
in the matter of
as amended;
(2) Explaining the program, approximate
funding level, program requirements, and the
timing and approval procedures relating to the
Application;
(3) Obtaining the views of the citizenry
regarding community needs and priorities and
in the Court, was pub-
receiving public input on how the funds may be
spent;
(4) Explanation of how proposed activities
lished in said newspaper in the issues of 2j. . 1P 019
will benefit low- and moderate -income
families, prevent and eliminate slums and
blight, upgrade the neighborhood environment
or improve community services and facilities;
and
(5) Briefly discussing the accomplishments
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
of past efforts funded with CDBG funds as
contained in the status report which will ac -
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
company the Application to be submitted to the
been continuously published in said Indian River County, Florida, weekly and has been entered
Department of Housing & Urban Development
as second class mail matter at the post office in Vero Beachi in said Indian River County, Florida
(DHUD) by June], 1981.
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
Citizens will have an adequate opportunity to
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
participate in the development of any
tisement for publication in the said newspaper.
revisions, changes or amendments for ex-
penditure of Community Development funds at
Sworn to before
this public hearing.
Board of County Commissioners.
and subscribed me thi d y of A.D
of Indian River County, Florida
By: Patrick B. Lyons,
Chairman
I � (By mess Manager)
Apr. 21, 28, 1981.
^
(Clerk of the Circuit Court, Ind' nfiver County, Florida)
(SEAL)
THE BOARD THEN REVIEWED THE FOLLOWING INFORMATION:
MAY 61991
22 EOOK 46. PAGE 322
F2
MAY 61981
BQDK 48 RK"E 323
Chairman _ Vice Chairman
PATRICK S. LYONS _ WILLIAM C. WODTKE, JR. A. GROVER FLETCHER DON C. SCURLOCK, JR. DICK BIRO
District 2 District 4
Distract 1 District 3 District S
BOARD OF COUNTY COMMISSIONERS
2145 14th Aiwntie, Vero Beach, Florida 32160
NEIL A. NELSON - County Administrator
�+ Secretary to Board Telephone: (305) 569-1940
Lawyers Title Building _ 7�.I� ta��`-a� � - '
2345 14th Avenue, Vero Beach, Florida 32960 ��" ;��
Telephone. (305) 562-4186
April 29 1981
M E M O R A N D U M
TO: Board of C my Commissioners
FROM: Edward J Rega4, Community Development Director
SUBJECT: Public Hearing for 1981 Community Development Block
Grant Application
In accordance with the Community D,-velopment Act of 1974 and 1978,
as amended, and the Federal Department of ?lousing & Urban Development
regulations, we are opening thic Public Hearing so that the citizens
of Indian River County will have an adequate opportunity to participate
in the devel-opmc-nt cf any revisions, changes or amendments to the pro-
posed 1981 Co--mur_ity Development Block Grant Application.
The proposed 1981 Application is for a Comprehensive Project to
he called the "Southeast Gifford -Project." It is to be generally
bounded by U.S. Highway #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 _ $ 180,000
Street Paving 10,000 _
Park & Playground Development 7,000 _
Water Service 20,000 _
Relocation Assistance 24,000
Xdministration - 43,000
Planning 15,000
Contingencies_ 16000_
Total $ 000
It is proposed that the hese fir ,t -year amounts reflect a period
of "gearing -up" fora possible three-year comprehensive program while
providing; immediate improvements to the area.
PROPOSED PROGRAMS AND BUDGET
CMIUNITY DEVELOPMENT BLOCK GRANT - 1981
Southeast Gifford Project
PROJECT
DESCRIPTION
PROPOSED BUDGET
NO.
TITLE
1.
Rehabilitation: Program will provide
$
funds for improvement of 20 dwellings
including such activities as rewiring,
improving plumbing, septic tank repair
or'replacement, roofing and general
upgrading of the unit.
180,000
2.
Streets: Project will improve and pave
approximately 500 feet of streets.
10,000
3.
Park & Playground: 17th Avenue, which
Has not been opened between 38th Lane and
37th Avenue, provides nearly one acre of
ground suitable for improvement as a
linear park and playground area. This
application will fund one-half of the area.
7,000
4.
Water Service: As part of the improvement
of the Gifford system, water service has
been provided in the southeast area. Pro-
ject will include in the process of reha-
bilitation assistance in providing service
lines to individual dwellings.
20,000
5.
Relocation Assistance: The scope of this
project will require the permanent relo-
cation of a few families. The remainder
of this assistance will support families
which need to be relocated temporarily _
while repairs are being made to their
dwellings.
24,000
6.
Administration: This includes all manage-
ment an operating costs for the -project.
43,000
7.
�Planning: This item includes program and
application preparation for the project.
15,000
-8.
Contin en�ci.eess-: This is to cover unantici-
nantici-
pated
patedin ion or other -increased project
costs and may be used for local discretion-
ary activLties -in the project area,
16,000
-
$ 315,000
MAY 61991 24 ,Q.
715
..MAY 61991
1981 COMMUNITY DEVELOPMENT
APPLICATION SUMMARY
POCK b PArf,��5
A major intent of the Community Development program is to meet
the statutory objective of providing decent housing, a suitable living
environment and expanded economic -opportunities, principally for per-
sons of low- and moderate -income.
In developing the 1981 Community Development Block Grant Appli-
- cation, the following major needs were found to exist:
I. The need to eliminate blighting influences in deteriorating
neighborhoods, especially those influences detrimental to
health, safety and public welfare of low- to moderate -
income persons.
II. The need to conserve and maintain Indian River'County's
present housing stock, especially those units occupied
by low- to moderate -income persons.
The long-term objectives of the Community Development Program in
relation to the needs are:
"(A) To upgrade deteriorating neighborhoods to decent, safe and
environmentally sound living areas; eliminating those
influences that are detrimental to the health, safety and
public welfare of low- and moderate -income residents as
first priority. (Related to I)
(B) To actively preserve housing through the initiation of a
multitude of programs which will aid and assist in the
_.maintenance and conservation of housing for low- to -
moderate -income families: (Related to II)
Short-term objectives -which will assist in accomplishing the
stated long-term objectives are:
(1) The establishment of a Public Facilities Program to elim-
inate deficiencies in this area, i.e., street paving,
water and sewer, sidewalks, drainage,.etc. (Related to (A))
(2) The establishment of a Housing Demolition Program -to
eliminate unsafe, dilapidated structures that blight the
community: (Related to (A) and (B))
(3) The establishment of a Housing Rehabilitation Program to
return structurally sound substandard units to standard
condition and prevent further deterioration. (Related to
(A) and (B)).
25
W .
Activities presented in the Fiscal Year 1981 Community Develop-
ment Block Grant Application which support- the short-term objectives
are:
(a) Establishment of Public Facilities Program to eliminate
deficiencies in this area.
1. Streets and associated drainage
2.. Park and playground
3. Water service
(b) Housing rehabilitation to return 20 structurally sound
substandard units to standard condition.
(c) Code enforcement to prevent further deterioration.
Relocation assistance to families wishing to move
from dilapidated structures into standard housing.
Eliminating unoccupied, dilapidated structures and
assisting in their demolition.
STATEMENT FOR PUBLIC INFORMATION
The County Commission of the County of Indian River has author-
ized the preparation of an application for Fiscal'Year 1981 funding
under the Community Development Act of 1974 and 1978, as amended.
This is a public hearing to be held prior to submission of the
application to HUD on June 1, 1981, to obtain citizen opinion and
input regarding the community development needs., their priorities
and allocation of future funding to address these needs. The Indian
River Board of County Commissioners must approve.and authorize the
submission of the application to HUD.
The County has received a total of $653,000 of CDBG funds for
the three program years. Those grants.have been successfully com-
pleted and closed out. This application will cover a one-year
period of funding cycle with Small Cities funds: Fiscal Year 1981
.amounting to $315,000.
Depending upon forthcoming regulations or administrative deci-
sions at the HUD level, the amount of funds applied for may vary
from those presently anticipated.
Applications under the Small Cities Program were competitive
with other communities throughout the State, and we have been invited
to submit an alternate application for funding. Submission of an
_application for these funds is no guarantee that the County's pro-
gram will be funded. Further., approval of the application notwith-
standing, sub-sequent funding is dependent upon satisfactory perform-
ance.
MAY 26 600K 46 PAGE 326 .
MAY 619-81
Booz 46F4E,327
Activities eligible to be conducted under a Community Develop-
ment Program include, but are not specifically limited to,- the
following range of activities: -
1. Acquisition
2. Neighborhood facilities
3. Public facilities and improvements,- such as solid waste
disposal, fire equipment, -public utilities improvement,
street paving, lighting and drainage; with certain
restrictions
4. Provision of public services _
-S. 'Interim assistance, including emergency housing -repair
6. Removal of architectural barriers to the elderly and
- handicapped
7. housing rehabilitation
8. Code enforcement -
9. Economic development activities
10. Planning and program administration
11. Historic preservation
12. -Various types of housing assistance
During the past three program years, - the County has undertaken
or programmed the following types of activities with CDBG funds:
public improvements, such as street paving and drainage; recreation
improvements; housing rehabilitation.
These CD applications are developed by the CD and Planning
staffs, reflecting regular meetings with the Community Development
Advisory Committee, correspondence with other agencies, civic -groups
and individuals, etc., on a continuing basis throughout the program
year, in addition to the two public hearings for citizen information
and input. The Community Development Advisory Committee recommends
the program activities based upon citizen input and staff recommenda-
tions, with final approval the responsibility of the County Commission.
The application for Small Cities funds will be sent to HUD by June 1,
1981.
In accordance with HUD requirements, a status report has been
prepared. This report describes the progress of the CD program
through November, 1980, was included as part of the pre -application
and is available for public inspection in the Community Development
Department at 800 - 20th Place, #3, Vero Beach, Florida, 32960.
The Department has also updated its Citizen Participation Plan
in accordance with the new regulations.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD.
THERE WERE NONE.
DISCUSSION FOLLOWED, AND CHAIRMAN LYONS REQUESTED THAT
ADMINISTRATOR NELSON REVIEW OUR STATUS ON THE HOUSE CONDEMNATION
PROGRAM AT THE NEXT MEETING.
CHAIRMAN LYONS ANNOUNCED THAT THE NEXT PUBLIC HEARING
FOR THE APPLICATION FOR SMALL CITIES PROGRAM WILL BE HELD AT 5:01
O'CLOCK P.M. TODAY.
016
ON MOTION BY COMMISSIONER,,,.BIRD, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
SUNSHINE REHABILITATION CENTER - EASEMENT
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE EASEMENT REQUEST AND
AUTHORIZED THE SIGNATURE OF THE CHAIRMAN, AS REQUESTED BY THE SUNSHINE
REHABILITATION CENTER.
MAY 61981
28 - _ pp
BOOK 46 PAGE 32Q-
C)1� 46 FAGE 329 .
MAY
E A -S E M E N T
THIS EASEMENT made this 6th day of May , 1981,
between INDIAN RIVER COUNTY, a political subdivison of
the State of Florida, party of the first part, and the -CITY OF
VERO BEACH, a municipal corporation of the State of Florida,
party of the second part.
WITNESSETH: That the said party of the first part, for and
in consideration -of the sum of ONE DOLLAR ($1.00) and other
valuable considerations in hand paid by the party of the second
part, receipt whereof is hereby acknowledged, does hereby grant
unto the said party of the second part, its successors and assigns
hereof forever, an easement for sewage lift station purposes,
over, on and across the following described land 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 designated
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, Florida, in Plat Book 2, page 25; said
lands now lying and being in Indian River County, Florida;
run North along the quarter section line 80 feet to a point
on the North right-of-way line of 16th Street; thence run
East 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 line of 17th Avenue; thence run North along
said right-of=way line a distance of 553.5 feet to the Point
of Beginning of the parcel to be herein described; thence
run West parallel to the North right-of-way line of 16th Street
a distance of 20 feet; thence North 20 feet; thence East 20
feet, to a point on the aforesaid West right-of-way line of
17th Avenue; thence run South along said right-of-way line
20 feet to the Point of Beginning.
TO HAVE AND TO HOLD the same together with all rights thereunto
belonging, and all the estates, right, title, interest, lien, equity
and claim whatsoever of the said party of the first part, either in
law or equity to the only proper use and benefit of the parties of
the second part, their successors and assigns, forever, as long
as the same is used by the parties of the second part for the
purposes of this conveyance.
IN WITNESS WHEREOF, the said party of the first part has here-
unto set their hands and seals the day and year first above written.
Signed, sealed and delivered INDIAN VER COUNTY, FLORIDA
in the presence of:
Y
a rick B. Lyonsrol
airma ,
'Board of Count iss . oners
Attest:
to County c.
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 acknowledg-
ments, personally appeared PATRICK B. LYONS and FREDA WRIGHT,
Chairman of the Board of County Commissioners and Clerk of the
Circuit Court, respectively, to me well known to be the persons
described in and who executed the foregoing instrument and who
acknowledged before me that they executed the same.
WITNESS my hand and official seal in the County and State last
aforesaid this day of , 1981.
/ .
Notary Publi ; State of Flor' a at Large
My commissio expires:
001 ARY PtJat 1 C STAR .X ft -0110A A' VPQ
kY CoMMISS10`4 EX ':SS ;ULY 9 10;2
A C C E P T A N C E !L NCKD THRU GE` il'-.L i%. VNDER,A Aj TW
The SUNSHINE REHABILITATION CENTER OF INDIAN RIVER COUNTY,
INC., hereby accepts and consents to the above described Easement.
MAY - 61991
SUNSHINE REHABILITATION CENTER OF
INDIAN RIVER COUNTY, INC.
_ By
Attest:
30 POQK 6 PAGE -330-
EA
600K 46-- PAGE 31
MAY 61981
GIFFORD_WATER & SEWER SYSTEM - $236,000 BOND — RESOLUTION 8.1-27
COMMISSIONER FLETCHER REFERRED TO THE FOLLOWING LETTER
FROM .JUDSON FREEMAN, JR.:
JUDSON FREEMAN 1200 BARNETT BANK BUILDING
RAY W. RICHARDSON, JR.- JACKSONVILLE, FLORIDA 322.02
JOHN F. KELLY -
DANIEL U. LIVERMORE,JR. (904) 353-1264
A. GRAHAM ALLEN
RICHARD E. KLEIN
JOHN L. MCWILLIAMS,= j '] j Q
JUDSON FREEMAN, JR. April 13, 1981
ROBERT 0. FREEMAN
WILLIAM D. BRINTON
RICHARD I. LOTT -
Mr. George G. Collins, Jr.
Attorney at Law
P. O. Box 3686.
Beach Station
Vero Beach, Florida 32960
Re: $236,000 -Water and Sewer Revenue
Bonds, Second Series 1979
Dear Joe:
GILES J..PATTERSON
(1885-1963)
FRANK L. WATSON
OF COUNSEL
Enclosed are eight copies each of two proposed amen-
datory resolutions directed at amending the definition of
"system" as contained in the bond resolutions for the Series 1979
bonds and Second Series 1979 bonds pertaining to the Gifford
System. Adoption of these resolutions is necessary to provide
Farmers Home with a prior lien upon the water revenues derived
from the South County Water System, as approved by Mr. Collier in
his closing instruction letter of December 11, 1980.
.Also enclosed are blank forms of minutes and certificate
of recording officer to be completed by the Clerk, attached to -
one copy of each of the resolutions, as adopted by the Board, and
sent to me for my file.
In order to accomplish a closing on the $236,000 Water
and Sewer Revenue Fronds, Second Series 1979, I will prepare the
final resolution fixing the remaining fiscal details of the issue
and appropriate closing documents, and have the bonds printed,,
after being notified of the projected closing date.
If you have any questions or comments, please call me.
Yoursery truly,
Judso Freeman, Jr.
J FJr/vh
Enclosure
c c : Mr . , Tommy Thomas
Mr. Charles 11. I'iudnell
•, , -,,
n
COMMISSIONER FLETCHER ASKED IF THE BOARD WAS OBLIGATING
THE REVENUES OF THE SOUTH COUNTY !CATER SYSTEM TO THE GIFFORD BONDING,
AS HE WAS UNDER THE IMPRESSION THEY WERE TO KEEP THE SYSTEMS SEPARATE.
ATTORNEY COLLINS THOUGHT THAT HE WAS RIGHT - THE WORDING
WAS AMBIGUOUS. THE ATTORNEY ADDED THAT HE TALKED TO MR. FREEMAN
SINCE THAT POINT AND THE WORDING WAS TO CLARIFY THE SEPARATION OF
THE SYSTEMS, AND HE DID NOT THINK THE BOARD WAS PLEDGING OR LIENING
THE SOUTH COUNTY SYSTEM BY THE ADOPTION OF THE RESOLUTION.
COMMISSIONER FLETCHER REQUESTED THAT THE MINUTES REFLECT
THIS FACT.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
BIRD, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 8I-27 REGARDING
$236,000 REVENUE BONDS, SECOND SERIES 1979 FOR THE GIFFORD WATER
AND SEWER SYSTEM PROJECT,
MAY 61981
32
eoo� 6 pacF�332'
M
-----
MAY 6 198 - B06K 46. PAGE 333
RESOLUTION NO. 81-27
_ A -RESOLUTION AMENDING RESOLUTION N0: 79-1
DULY ADOPTED ON JANUARY 4, 1979, -BY THE
BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, ENTITLED:
_"RESOLUTION PROVIDING FOR THE ACQUISITION,
CONSTRUCTION AND ERECTION OF EXTENSIONS
-AND IMPROVEMENTS TO THE WATER AND SEWER
SYSTEM OF INDIAN RIVER COUNTY, FLORIDA;
AUTHORIZING THE ISSUANCE BY THE COUNTY
OF NOT EXCEEDING $236,000 WATER AND SEWER
REVENUE BONDS, SECOND SERIES 1979, TO
FINANCE A PART OF -THE COST THEREOF; PLEDGING
THE. GROSS REVENUES OF SAID SYSTEM, TO SECURE
PAYMENT OF THE PRINCIPAL OF AND INTEREST ON
THE BONDS; -AND PROVIDING FOR THE RIGHTS OF
THE HOLDERS OF THE BONDS."
TO MORE PARTICULARLY DESCRIBE THE SYSTEM; AND -
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
(hereinafter called "Board") OF INDIAN RIVER COUNTY; FLORIDA,
that:
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolu-
t ion is adopted pursuant to Ch. 159,• Fla. Stat. (1979), and other
applicable provisions of law.
SECTION 2. FINDINGS. It is hereby ascertained, deter-
mined and declared that:
A. The Board heretofore duly adopted on January 4,
1979, Resolution No. 79-1 entitled:
"RESOLUTION PROVIDING FOR THE ACQUISITION,
CONSTRUCTION AND ERECTION OF EXTENSIONS
AND IMPROVEMENTS TO THE WATER AND SEWER
SYSTEM OF INDIAN RIVER COUNTY, FLORIDA;
AUTHORIZING THE ISSUANCE BY THE COUNTY OF
NOT EXCEEDING $236,000 WATER AND SEWER
REVENUE BONDS, SECOND SERIES 1979, TO
FINANCE A PART OF THE COST THEREOF; PLEDGING
THE GROSS REVENUES OF SUCH SYSTEM TO SECURE
PAYMENT OF THE PRINCIPAL OF AND INTEREST ON
THE BONDS; AND PROVIDING FOR THE RIGHTS OF
THE HOLDERS OF THE BONDS."
(hereinafter called "Resolution").
B. It is necessary and desirable to amend the
Resolution to more particularly describe the System, as defined
in the Resolution.
SECTION 3. AMENDMENT TO RESOLUTION. The definition of
EA
"System" contained ' in Section 1.01 of.,the Resolution is hereby
amended to read as follows:
" 'System' shall mean the complete water and sewer system,
more commonly known as the Gifford facility, acquired, extended
and improved with the proceeds of the sale of the Parity
Obligations, together with any and all improvements, extensions
and additions thereto specifically made a part thereof, hereafter
constructed or acquired."
SECTION 4. REPEALING CLAUSE. All resolutions or parts
thereof of the Board in conflict with the provisions herein con-
tained
on-tained are, to the extent of such conflict, hereby superseded and
r epealed.
SECTION 5. EFFECTIVE DATE. This resolution shall take
effect immediately upon its adoption.
Adopted May,6, 1981.
BOARD OF C UNTY COMMISSIONERS OF
INDIAN V R COUNTY, FLORIDA
By 11
Patrick y n airman
ATTEST:
L1-
Freda Wrigh , Clerk
MAY . s 19a� _ t -2-
n-
MAY 4 8 P"A c, E, 35
GiFFORD-WATER &--S.EwER SYSTEM.- $402,500 BOND - RESOLUTION 81-28
MOTION WAS MADE BY COMMISSIONER WO'DTKEj SECONDED BY
COMMISSIONER BIRD, THAT IHE BOARD ADOPT RESOLUTION 81-28 REGARDING
$402,500 REVENUE BONDS, SERIES 1979 FOR THE GIFFORD WATER -AND SEWER
SYSTEM PROJECT, WITH THE UNDERSTANDING THAT THE BOARD.IS NOT PLEDGING
ANY SYSTEM OTHER THAN THE.GiFF"ORD SYSTEM.
DISCUSSION FOLLOWED.
THE CHAIRMAN CALLED FOR THE -QUESTION. IT WAS VOTED ON
AND CARRIED UNANIMOUSLY.
RESOLUTION NO. 81-28
A RESOLUTION AMENDING RESOLUTION NO. 78-6
DULY ADOPTED ON JANUARY 23, 1978, BY THE
BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, ENTITLED:
"RESOLUTION PROVIDING FOR THE ACQUISITION
�O F A WATER AND SEWER SYSTEM IN INDIAN
RIVER COUNTY, FLORIDA, AND THE CONSTRUCTION
AND ERECTION OF EXTENSIONS AND IMPROVEMENTS
THERETO; AUTHORIZING THE ISSUANCE BY THE
COUNTY OF NOT EXCEEDING $402,500 WATER AND
SEWER REVENUE BONDS, SERIES 1979, TO
FINANCE A PART OF THE COST THEREOF; PLEDGING
THE GROSS REVENUES OF SUCH SYSTEM TO SECURE:
PAYMENT OF THE PRINCIPAL OF AND INTEREST ON
THE BONDS; AND PROVIDING FOR THE RIGH`!'S OF
THE HOLDERS OF THE BONDS."
TO MORE PARTICULARLY DESCRIBE THE SYSTEM; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS
(hereinafter called "Board") OF INDIAN RIVER COUNTY, FLORIDA,
that: 4
SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolu-
tion is adopted pursuant to Ch. 159, Fla. Stat. (1979), and other
applicable provisions of law.
SECTION 2. FINDINGS. It is hereby ascertained, deter-
mined -and declared that:
A. The Board heretofore duly adopted on January 23,
1978, Resolution No. 78-6 entitled:
"RESOLUTION PROVIDING FOR THE ACQUISITION
OF A WATER AND SEWER SYSTEM IN INDIAN
RIVER COUNTY, FLORIDA, AND THE CONSTRUCTION
AND ERECTION OF EXTENSIONS AND IMPROVEMENTS
THERETO; AUTHORIZING THE ISSUANCE BY THE
COUNTY OF NOT EXCEEDING $402,500 WATER AND
SEWER REVENUE'BONDS, SERIES 1979, TO
FINANCE A PART_ OF THE COST THEREOF; PLEDGING
THE GROSS REVENUES OF SUCH SYSTEM TO SECURE
PAYMENT OF THE PRINCIPAL OF AND INTEREST ON _
THE BONDS; A9D PROVIDING FOR THE RIGHTS OF
THE HOLDERS OF THE BONDS."
(hereinafter called "Resolution").
B. . It is necessary and desirable to amend the
Resolution -to more particularly describe the System, as defined
in the Resolution.
S ECTION 3. AMENDMENT TO RESOLUTION. Subsection 1.02(A)
MAY 6 1981 -1 - BOOK - 4PACE336
F,
MAY
46 _F�H3.37
of the Resolution is hereby amended to read as follows:
"(A) Indian River County, Florida (the 'Issuer'), does
not presently own or operate a water and -sewer system for the
benefit of its inhabitants, and it .is necessary for the continued
preservation of the health; we_lfare,-convenience and safety of
the Issuer and its inhabitants to acquire a water distribution
and sewage collection and treatment facility more commonly known
as the Gifford facility, -.and construct and erect extensions and
improvements thereto (collectively, the 'Project' or the
'System') in accordance with certain plans and specifications now
on file with the Clerk of the Board of County Commissioners of
- the Issuer (the 'Clerk')."
SECTION 4. REPEALING CLAUSE. All resolutions or parts
thereof of the Board in conflict with the provisions herein con-
tained are!, to the extent of such conflict, hereby superseded and
repealed.
SECTION 5. EFFECTIVE DATE. This resolution shall take
effect immediately upon its adoption.
Adopted May 6, 1981.
BOARD COUNTY COMMISSIONERS OF
IND N IVER COUNTY., FLORIDA
ATTEST:
Freda Wright, CLe,
_ -2=
atri.ck BJZ%jons, Chairman
A
GIFFORD WATER & SEWER, PHASE II - R-IGHT-OF-WAY CERTIFICATION
ON LOTION MADE BY COMMISSIONER SCURLOCK, SECONDED BY
COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY AUTHORIZED THE CHAIRMAN'S
SIGNATURE ON THE RIGHT-OF-WAY CERTIFICATE, FORM FHA -442-21.
UNITED STATES DEPARTMENT OF AGRICULTURE
Form FHA 442-21 FARMERS HOME ADMINISTRATION
(Rev. 7-6-70)
RIGHT—OF—WAY CERTIFICATE
The undersigned. Patrick B. Lyons +
hereby certifies except as noted in item 4 below:
T. That the undersigned has acquired and presently holds continuous and adequate -rights-of-way on private lands
needed for the construction, operation, and maintenance of the facilities to be installed, repaired, or enlarged
with the proceeds of a loan made or insured by, and/or a grant from, Farmers Home Administration and such
omissions, defects, or restrictions as may exist will in no substantial way or manner endanger the value or the
operation of the facilities.
2. That the undersigned has acquired the necessary permits, franchises, and authorizations or other instruments by
whatsoever name designated, from public utilities and public bodies, commissions, or agencies authorizing the
construction, operation, and maintenance of the facilities upon, along, or across streets, roads, highways, and
public utilities.
3. That ther attached "Right-of-way Map" shows the location and description of all land and rights-of-way acquired
by right of use or adverse possession and by legal conveyances such as right-of-way or easement deeds, permits,
or other instruments.
4. Exceptions.
IN WITNESS WHEREOF, applicant hereunto affixes its name and corporate seal this
May .1981
Attest:
�Ji ,iiM1
Freda WriVfic ,atI k
(Affix Corporate Seal Here)
MAY 61981 -
7 t h, day of
15y - -
Chairman., Board of County
Title
RiverCounty, Florida
FHA 442-21 (Rev. 7=6-70)
38
�0!lK:46 Pkr,F 338
_
MAY 6 196
THE BOARD REVIEWED THE FOLLOWING MEMORANDUM:
Chairman Vice Chairman
PATRICK B. LYONS WILLIAM C. WODTKE, JR. A. GROVER FLETCHER DON C. SCURL.00K, JR.
District 2 District 4 District 1 District 3
BOARD OF COUNTY COMMISSIONERS
2145 14th Avenue, Vero Beach, Florida 32960
NEIL A. NELSON - County Administrator
Lawyers Title Building
2345 14th Avenue, Vero Beach, Florida 32960
Telephone: (305) 562-4186
MEMORANDUM
46 NrF339'-
DICK BIRD
District 5
Secretary to Board
Telephone: (305) 569-1940
TO: Patrick B. Lyons, Chairman
Board of County Commissioners
Indian River County
FROM: R. Stephen Houlihan
Assistant County Attorney
DATED: April 29, 1981
RE: Proposed Cemetery Ordinance
To lay a foundation for the adoption of an ordinance regulating
burial site operations in Indian River County, an attempt has been made
to inventory existing burial sites within the County. Because of questions
regarding legal title to some of the existing sites, and a serious lack of
records regarding past interments, this process has taken more time than
anticipated. Once these questions have been resolved, an ordinance
covering the operation of the one County -owned site, Oslo, and the
remaining privately maintained sites will be prepared. A primary goal of
this ordinance should be to establish a uniform system of record-keeping
for all sites within the County.
DISCUSSION FOLLOWED.
CHAIRMAN LYONS NOTED THAT IF THE COUNTY DOES GET INVOLVED
IN THE CEMETERY BUSINESS, IT COULD BE AN ENTERPRISE SITUATION, SUCH
AS THE CITY OF VERO BEACH HAS AT THIS TIME.
ATTORNEY COLLINS STATED THEY ARE TRYING TO COME UP WITH
A PLAN TO HAVE CONTROL AND KNOWLEDGE OF THE BURIALS, AND WILL REPORT
BACK TO THE BOARD WHEN THIS nAS BEEN ACCOMPLISHED.
77
• , ► •��
U
ATTORNEY COLLINS ADVISED THE BOARD OF THE HEARING HELD BEFORE
.JUDGE SHARP CONCERNING THE PROBLEMS WITH TREASURE COAST UTILITIES,
HE CONTINUED IT WAS DISCUSSED THAT INDIAN RIVER COUNTY COULD BE
APPOINTED AS RECEIVER, BUT.AT THAT TIME, THE ATTORNEY HAD NO AUTHORITY
FROM THE BOARD AS TO WHAT THEIR INTENT WOULD BE IN THIS MATTER.
RATHER THAN SEE THE SYSTEM CLOSED DOWN BY A COURT ORDER, IT WAS
DETERMINED THAT THE COUNTY WOULD BE REPRESENTED AS BEING THE RECEIVER
ON AN INTERIM BASIS, COME UP WITH A PLAN TO CORRECT THE HEALTH
HAZARD THERE, AND REPORT BACK TO THE COURT WITHIN 20 DAYS. ATTORNEY
COLLINS SUGGESTED A SPECIAL MEETING BE HELD TO DISCUSS AN INTERIM
SOLUTION AND TO INVESTIGATE WHAT ALTERNATE STEPS MIGHT BE AVAILABLE.
AFTER MUCH DISCUSSION, IT WAS DETERMINED THAT A SPECIAL
MEETING WOULD BE HELD ON FRIDAY, MAY 15, 1981 AT 1;30 P.M. AT THE
CITY HALL COUNCIL CHAMBERS.
COUNTY ADMINISTRATOR NELSON ADVISED THAT VARIOUS STEPS
WERE BEING TAKEN TO CORRECT THE HEALTH HAZARD IN THE AREA. HE
ADDED THAT THEY ARE LOCATING THE METERS, AND TAKING READINGS IN ORDER
TO ESTABLISH A BASE POINT FOR BILLING PURPOSES. ALSO, HE ADVISED
THAT A FENCE MUST BE ERECTED.AROUND THE TREATMENT PLANT.
ATTORNEY COLLINS FURTHER EXPLAINED THAT THE COUNTY WAS NOT
ACTING ON ITS OWN BEHALF AS THEY ARE UNDER THE -AUTHORITY OF A COURT
ORDER. HE CONTINUED THAT THE COUNTY, AS -A RECEIVER, IS TO ACCEPT
FUNDS AND MINIMIZE THE INJURY TO PUBLIC HEALTH AND -SAFETY AS -IT NOW
EXISTS. ATTORNEY COLLINS NOTED THAT THE COURT ALLOWED THE COUNTY
$250 A DAY, AS THIS -SYSTEM DOES NOT GENERATE ENOUGH MONEY - THIS
WOULD,BE A LIEN AGAINST THE SYSTEM, HE STATED THAT THE METERS SHOULD
BE -READ ON THE NORMALLY SCHEDULED DATE, BILLS- SENT OUT, AND PAYMENTS
MADE TO THE ESCROW FUND; ALL THE COUNTY IS TRYING TO DO IS MARSHALL
THE ASSETS.- THE COUNTY IS POSITION IS TO RECEIVE ANY ASSETS THAT
COME IN, AND HOLD IT IN THE ESCROW ACCOUNT, HE -REPORTED.
MAY. 6 1981 40
BOOK_46--PAGE-340
n
MAY 6198
BOOK 46 PAGE 341
COMMISSIONER WODTKE INQUIRED WHAT WOULD HAPPEN AFTER THE
20 DAY PERIOD GIVEN BY THE COURT.
ATTORNEY COLLINS ADVISED THAT THE 20 DAY PERIOD WAS.GIVEN
SINCE NO OFFICIAL -AUTHORITY -HAD BEEN GIVEN HIM BY THE BOARD, HE
ADVISED HE WOULD BE COMING -TO THE BOARD WITH FURTHER RECOMMENDATIONS.
LENGTHY DISCUSSION FOLLOWED ABOUT THE FENCE THAT IS NEEDED
AROUND THE TREATMENT PLANT, AND IT WAS DETERMINED A LOAN WOULD BE
THE BEST APPROACH AT THIS POINT. _
-MOTION -WAS MADE -BY COMMISSIONER FLETCHER, SECONDED BY
COMMISSIONER SCURLOCK, TO APPROVE AN EMERGENCY LOAN NOT TO EXCEED
$19;510,_FROM THE GENERAL FUND, AS RECOMMENDED BY THE FINANCE DIRECTOR,
TO INSURE THE SAFETY OF THE TREASURE COAST UTILITIES AREA, AS FOLLOWS:
ACCOUNT NAME ACCOUNT NUMBER
DUE FROM TREASURE COAST UTILITIES FUND 001-000-131-45,00
DUE TO GENERAL FUND 451-000-207-01.00
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED UNANIMOUSLY.
INDIAN RIVER SHORES - 70' STRIP
ATTORNEY COLLINS ADVISED THAT TRAVEL TO TALLAHASSEE IN
THE NEAR FUTURE WOULD BE NECESSARY TO DEFEND THE COUNTY'S POSITION
IN THE MATTER OF THE 70' STRIP IN INDIAN RIVER SHORES.
MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COM-
MISSIONER BIRD, FOR THE BOARD TO AUTHORIZE OUT -OF -COUNTY TRAVEL FOR
THE ATTORNEY, OR HIS AIDE, AND A BOARD MEMBER, TO TALLAHASSEE
REGARDING THE 70' STRIP IN INDIAN RIVER SHORES.
ATTORNEY COLLINS EXPLAINED THAT WHEN THE TOWN OF INDIAN
RIVER SHORES RECENTLY HAD THE MEETING WITH THE SPECIAL LEGISLATIVE
DELEGATION, THE COUNTY RECEIVED NOTICE THAT THE COUNTY OWNED SOME
PROPERTY THAT WAS BEING INCLUDED WITHIN THE TOWN BOUNDARIES. HE
CONTINUED THAT HE WAS AWARE THAT THE COUNTY HAD 70' ON THE OCEAN
FROM AIA TO THE OCEAN AT THE VERY NORTHERN PART OF THE TOWN, BUT
WAS UNAWARE THAT THE COUNTY OWNED THE 70' STRIP ON THE RIVER. THE
ATTORNEY STATED THAT APPARENTLY ITEM 23 ON THE TOWN'S AGENDA INVOLVED
II
I
Ej
THIS RIVER PIECE. UNDER THE BOARD'B.REQUEST, THE ATTORNEY APPEARED
BEFORE THE LEGISLATIVE DELEGATION AND STATED THAT THE COUNTY WANTED
TO BE SURE THAT WHEN THE BOUNDARIES WERE REDRAWN, THEY EXCLUDE ANY OF
THE TRACKING STATION PROPERTY TO THE SOUTH AND THE 70' STRIP FROM AIA
TO THE OCEAN ON THE NORTH. HE ADDED THAT WE WERE OPERATING UNDER
THE ASSUMPTION THAT THE 70' STRIP WOULD NOT CREATE A NEW ENCLAVE IN
THE TOWN, ATTORNEY COLLINS CONTINUED THAT APPARENTLY THIS 70' STRIP
IS WITHIN THE TOWN BOUNDARIES NOW AND WHEN HE GOT THE LEGAL DESCRIPTION
OF WHAT WAS TO BE INCLUDED IN THE SPECIAL ACT, HE SENT IT OVER TO
THE ENGINEERS FOR TRACING AND ASKED THEM TO BE SURE THAT THE TRACKING
STATION WAS OUT AND THE 70' TO THE NORTH WAS OUT. THE ATTORNEY
ADDED THAT WHEN THE REPORT CAME BACK, THE 70' WAS INCLUDED IN THE
TOWN'S BOUNDARY WHICH PUT THE COUNTY IN THE POSITION OF PERHAPS NOT
HAVING ACCESS FOR THE PUBLIC TO THE OCEAN OVER THAT STRIP. HE WENT
ON THAT HE NOTIFIED THE CHAIRMAN AND SENT A TELEGRAM TO DALE PATCHETT
IN TALLAHASSEE TELLING HIM THAT OUR REPORT WAS THAT THE 70' STRIP
HAD BEEN INCLUDED IN THE DESCRIPTION AND WE HAD SPECIFICALLY ASKED
THE DELEGATION TO HAVE IT EXCLUDED. THE CONTROVERSY HAS COME UP
THAT THE COUNTY'S ITEM ON THE LEGISLATIVE DELEGATION'S AGENDA WAS
FOR THE RIVERFRONT PIECE AND THAT THE LEGISLATIVE DELEGATION HAD
STATED AN INTENT NOT TO CREATE ANY ADDITIONAL ENCLAVES IN THE TOWN -
THAT IS ON THE ONE SIDE. ON THE OTHER SIDE, THE ATTORNEY REPORTED,
IS THE LEGISLATIVE DELEGATION'S STATEMENT THAT THE -70' STRIP WOULD
BE EXCLUDED FROM THE TOWN BOUNDARIES AND THAT THE PUBLIC WOULD HAVE
THE RIGHT OF ACCESS TO THE OCEAN OVER THAT STRIP. THE TOWN HAS
RAISED OBJECTION TO THE 70` STRIP BEING EXCLUDED. DALE PATCHETT
WAS UNCERTAIN AS TO WHAT THE INTENT OF -THE LEGISLATIVE DELEGATION IS
AND HAS INDICATED TO THE ATTORNEY -THAT HE WOULD PROBABLY ASK THE
DELEGATION TO MEET AGAIN TO DECIDE WHETHER -OR NOT THAT TO' STRIP WILL
BE INCLUDED OR EXCLUDED FROM THE TOWN BOUNDARIES. ATTORNEY COLLINS
COMMENTED THAT THIS DOES NOT HAVE ANYTHING TO DO -WITH OWNERSHIP, JUST
CONTROL AND USE OF THE PROPERTY. THE RIVERFRONT IS NOT A PROBLEM,
IT IS THE OCEANFRONT. -
- MAY .6 1981 - 42 ma -46 "PmE 342
MAY
THE BOARD ALL AGREED THAT THE COUNTY MUST RETAIN THEIR
ACCESS TO THE OCEAN.
-ATTORNEY COLLINS INDICATED IT WOULD.BE BENEFICIAL IF THE
CHAIRMAN WOULD -CONTACT -REPRESENTATIVE PATCHETT AND ADVISE HIM OF
THE COUNTY'S POSITION-.
THE-CHAIRMAN-CALLED.FOR THE QUESTION. I1' WAS VOTED ON
AND CARRIED UNANIMOUSLY&
VOLUNTARY ANNEXATION TO THE CITY OF SEBASTIAN -REQUEST
THE BOARD NEXT DISCUSSED THE FOLLOWING MEMORANDUM:
FJ -
A
TO: The Honorable Members of DATE: April 16, 1981
the Board of County Commissioners
FILE:
SUBJECT: Voluntary annexation to the
City of Sebastian
FROM: Neil. A. Nelson REFERENCES: Indian River County Inter -
County Administrator office Memo 3-19-81, and
letter from Rene Van DeVoorde
This is in response to a request from Mr. Rene Van DeVoorde. It is recommended
that the data herein presented be given formal consideration by the County
Commission.
DESCRIPTION AND CONDITIONS
The City of Sebastian, on January 12, 1981, approved the annexation of 16.38
acres of property owned by Mr. Ed DiLauro. The property, while it was in the
county, was zoned agricultural. The owner intends to use the property for
single family residential purposes and requests the County to waive any -objection
to the change in density from agricultural to single family residential. There
is a requirement under Florida law, that the County agree to any increased
density on annexed lands for a two year period after which the City may increase
density, unilaterally.- _
ALTERNATIVES AND ANALYSIS _
The property is currently located within a flood hazard area designated by the
National Flood Insurance Rate Maps for.Indian River County. The property is
also adjacent.to the Sebastian River Drainage District easement and source to -
the Sebastian River. Further, the property is located adjacent to Sebastian -
Highlands Subdivision; a large, mostly vacant, residential area.
The -County -has the right, if it -desires, to waive it's density restriction, or
it may continue it's restriction for up to the full two year time period. The
apparent reason for the restriction was to limit annexations for purposes of
increased density, only. -
RECOMMENDATION -
- The County Attorney -has advised that it is.up to the discretion of -the County
Commission as to whether -or -not to allow the density increase from agricultural
to residential use. —
ATTORNEY RENE VAN DEVOORDE, REPRESENTING -ED DiLAURO, CAME
BEFORE THE BOARD AND ADVISED THAT THE CITY OF SEBASTIAN HAD APPROVED
THE ANNEXATION OF THIS_PROPERTY THAT MR.-DILAURO WISHED TO DEVELOP,
HE.THEN REQUESTED THE -BOARD TO.APPROVE THE CHANGE IN DENSITY FROM
.AGRICULTURAL TO RESIDENTIAL USE.
MAY - 6191
43 EOQK - 6 PAGE 344
EA
MAi
�oOK '46 PAfE 345
CHAIRMAN LYONS INQUIRED IF THIS.PROPERTY WAS LOCATED
WITHIN AN. ENVIRONMENTALLY SENSITIVE AREA, AND IT WAS DETERMINED
THAT IT WAS IN THEE FLOOD HAZARD AREA.
ATTORNEY COLLINS INFORMED THE BOARD THAT THE CITY OF
SEBASTIAN HAS EMBARKED ON VOLUNTARY ANNEXATIONS, AND THIS IS A MATTER
THE BOARD MAY WANT TO ADDRESS IN DETAIL. -
DISCUSSION FOLLOWED, AND THE BOARD EXPRESSED CONCERN THAT -
SEBASTIAN -WOULD HAVE THE ABILITY TO PROVIDE AMPLE SERVICES, SUCH
AS'POLICE PROTECTION.
_ COMMISSIONER WODTKE FELT THAT IF A -PROPERTY OWNER WILLINGLY
ANNEXED TO THEMUNICIPALITYOF SEBASTIAN, THEY WOULD HAVE TO BE WILLING
TO PAY EXTRA FOR SERVICES NOT PROVIDED.
MOTION WAS MADE BY COMMISSIONER FLETCHER, SECONDED BY
COMMISSIONER WODTKE, THAT THE BOARD DENY THIS REQUEST TO WAIVE ITS
DENSITY RESTRICTION, AND THAT THE AGRICULTURAL USE BE MAINTAINED.
COMMISSIONER FLETCHER MENTIONED HE WOULD LIKE TO SEE THE
BOARD DISCUSS AND FORMALIZE, AT SOME TIME, FUTURE ORDINANCES
CONCERNING ANNEXATIONS.
COMMISSIONER WODTKE INQUIRED ABOUT THE REASON FOR THE
VOLUNTARY ANNEXATION.
ATTORNEY VAN DEVOORDE COMMENTED HE DID NOT KNOW OF ANY
ULTERIOR MOTIVE FOR THIS ANNEXATION — THE OWNER JUST WANTED TO
DEVELOP THIS PROPERTY, AS THERE ARE NOT MANY LARGE TRACTS OF LAND
WHERE RELATIVELY NICE HOMES CAN BE BUILT.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED UNANIMOUSLY.
1-5
SOUTH COUNTY WATER SYSTEM - INTERIM-FINANOING
STAN LEVINGOOD FROM ARCH W. ROBERTS & CO. CAME BEFORE
THE BOARD AND REVIEWED THEIR PROPOSAL TO PROVIDE FINANCING FOR
THE SOUTH COUNTY WATER SYSTEM. HE FELT VERY COMFORTABLE THAT THE
PROPOSAL WAS APPROXIMATELY $200,000 LESS EXPENSIVE TO THE COUNTY
THAN THE FMHA INTERIM DRAWS. MR. LEVINGOOD REPORTED THE PURCHASE
AGREEMENT DEFINES THE PRICE AT WHICH THEY WERE OFFERING TO PURCHASE
$5,825,000 WORTH OF NOTES FROM THE COUNTY AT AN INTEREST RATE
SPECIFIED AT 9.20. HE CONTINUED THAT THIS PURCHASE PROPOSAL
BASICALLY SAYS THAT IF THE BOARD APPROVES IT, IT WOULD AUTHORIZE THE
UNDERWRITERS TO IMMEDIATELY GO OUT AND PURCHASE U.S. TREASURY
OBLIGATIONS THAT WOULD MEET THE FOLLOWING CASH REQUIREMENTS:
1. WOULD PAY ALL ISSUANCE EXPENSES OF THE NOTE FINANCING;
2. WOULD PAY OFF THE TAX ANTICIPATION NOTE COMING DUE JUNE 15TH;
3. WOULD PAY INTEREST ON THE NOTES UNTIL THEY MATURE - OCTOBER 1, 1982;
4. PAY ALL THE CONSTRUCTION DRAWS AS PROVIDED BY THE COUNTY'S
ENGINEERS, SVERDRUP & PARCEL; AND
5. ON OCTOBER 1, 1982, IT WOULD PROVIDE SOME CASH LEFT OVER -
APPROXIMATELY $200,000.
ATTORNEY COLLINS ADVISED'THE BOARD THAT HE REVIEWED THE
PURCHASE AGREEMENT ALONG WITH THE COUNTY STAFF.
LENGTHY DISCUSSION ENSUED REGARDING THE POSSIBILITY OF
MAKING THE INVESTMENTS AT A HIGHER YIELD, AND THE RISKS THAT ARE
INVOLVED.
INTERGOVERNMENTAL COORDINATOR THOMAS RECOMMENDED THE BOARD
ACCEPT THE PURCHASE PROPOSAL AND OMIT PARAGRAPH 8 -AND SCHEDULE Y,
CONCERNING INVESTMENTS, UNTIL AFTER LUNCH.
DISCUSSION FOLLOWED -ABOUT THE UNDERWRITER EXPENSE AND
BROKERAGE FEE, AND FINANCE DIRECTOR BARTON AND MR. LEVINGOOD
NEGOTIATED THE to FEE FOR PURCHASING THE SECURITIES TO -.85 OF 1%,
INSTEAD OF 1%.
MAY 61981_
45 �oo� 46 FAr,E346
n'
�9 � - - Boot 46 FACE 347
MAY 6 _
MOTION -WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY
COMMISSIONER-WODTKE, THAT THE BOARD EXECUTE THE PURCHASE AGREEMENT
WITH -THE FEE FOR PURCHASING THE SECURITIES BEING CHANGED TO .85
OF 1%) INSTEAD OF 1%, AND TO AUTHORIZE THE CHAIRMAN TO FILL IN THE
THREE BLANKS IN THE AGREEMENT AT THE TIME OF CLOSING.
COMMISSIONER FLETCHER STATED THAT HE APPRECIATED THE GAMES _
THAT ARE BEING PLAYED IN THE MONEY MARKET BUT PERSONALLY, HE DID NOT
FEEL THE TAXPAYERS ELECTED HIM TO BET THEIR TAX MONEY IN A MONEY
MARKET GAME.- HE COMPLIMENTED THE FINANCE DIRECTOR; THE ATTORNEY,
AND .JOHN BOBBINS; HE THEN REMINDED THE BOARD THAT THIS IS A WATER
SYSTEM THAT'WILL DUMP 25-30% OF THE WATER TREATED BACK ON THE GROUND.
COMMISSIONER FLETCHER STATED IT CAN ALSO BE VIEWED AS A SOCIAL
UMBILICAL CORD WHICH WILL RESULT IN MANDATORY ATTACHMENT IN SOME
PLACES. HE ADDED THAT HE SAW THIS AS A SYSTEM WHICH PROMOTES GROWTH
AND PROGRESS BEYOND THE EARTHS ABILITY TO PROVIDE FOR IT NATURALLY;
THEREFORE HE WILL BE VOTING AGAINST THE MOTION.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION.
THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED
AT 12:15 O'CLOCK P.M. FOR LUNCH AND RECONVENED AT 1:45 O'CLOCK P.M.
WITH THE SAME MEMBERS PRESENT, DEPUTY CLERK VIRGINIA HARGREAVES
TOOL: OVER FROM DEPUTY CLERK JANICE CALDWELL FOR THE REMAINDER OF
THE MEETING.
.... .. ... ...
PUBLIC HEARING - REZONING TO LIMP REQUESTED BY SEXTON ROVES
THE HOUR OF 1:30 O'CLOCK P.M. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION
ATTACHED, TO -WIT:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
in the
Court, was pub-
lished in said newspaper in the issues of A&& . &C. /'�? . ���r71
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, weekly and has been entered
as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a period of one year next preceeding the first publication of the attached copy of adver-
tisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed
(SEAL).
(Clerk of the Circuit-(
ian River County,.Florida)
MAY 61991 _ 47
NOTICE
NOTICE IS HEREBY GIVEN that the
Planning and Zoning Commission of Indian
River County, Florida, did review the
feasibility .of making the following changes
and additions to the Zoning Ordinance of In-
dian River County, Florida, -which changes
and additions are substantiallyas follows:
1. That the Zoning Map be changed in order
that the following described property situated
on the northwest corner of the intersection of
S.R. 60 and 66th Avenue in Indian River
County, Florida, to -wit:
PARCEL No. 1. Tracts 1, 2, 7 and 8 of Section
6, Township 33, Range 39, less and excepting
the south 417.42 feet of the east 417.42 feet of
Tract 8.
Be changed from A -Agricultural to R -IMP
Mobile Home Park District.
PARCEL No. 2. The south 417.42 feet of the
east 417.42 feet of Tract 8, Section 6, Township
33, Range 39.
Be changed from A -Agricultural to C-1
Commercial District.
A public hearing in relation thereto at which
parties in interest and citizens shall have an
opportunity to be heard, will be held by the
Board of County Commissioners of Indian .
River County, Florida, in the Council Chamber
of the City Hall, Vero Beach, Florida, on
Wednesday, May 6, 1981, at 1:30 p.m.
If any person decides to appeal any decision
made on the -above matter, he will need a
record of the proceedings, and for such pur-
poses, he may need to insure that a verbatim
record of the proceedings is made, which in-
cludes testimony and evidence upon which the
appeal is based.
Indian River County
Board of -County Commissioners j
By: -s -Patrick B. Lyons,
Chairman
Indian River County Planning
and Zoning Commission '
By: Carolyn Eggert, Chairman
April 15, 18, 1981.. J
1PLOF- 46 N}GE 348 .
EA
MAY 61981 Coax 46 -f .u.349
PLANNING DIRECTOR REVER REVIEWED THE FOLLOWING STAFF
REPORT: -
ZONING CHANGE.- STAFF REPORT
Sexton Groves, Inc. 11-14-80-
Oarner - Da.te of Application
Clifford.0'DonnEll IRC-80-ZC-27 File .4
,448
(Agent)
Application Number
684 Beachland Blvd. -
Address -
Rezoning from A to R-1MP & C-1
- -
(District District
Vero Beach, Fla. 32960 Preliminary Final Hearing
PROPOSED USE AND LOCATION: Applicant requests a zoning change from A -Agricultural
to R-1RIP Mobile Home Park for 141 acres located between S.R. 60 and Walker Avenue
on the west side of 66th Avenue (Lateral A Canal); also included in the request is
a change from Agricultural to C-1 Commercial for 4 acres located at the northwest
corner -.,of S.R. 60 and 66th Avenue.
EXISTING SITUATION: Subject property, totalling 145 acres, is undeveloped with
surrounding properties being occupied by citrus groves and other agricultural uses.
The existing Land Use Plan shows the area as agricultural or other development.
The proposed Comprehensive Plan designates the area as MD -1 which allows mobile
home parks with a maximum density of 8.•7 units per acre. Subject property is
located along a major arterial.
RECOMMENDATION: The requested R -IMP district is in compliance with existing and
proposed plans. While staff recognizes the need for commercial services to
the area, it is anticipated that 4 acres will provide an adequate level of
commercial services. Therefore, staff recommends _the rezoning of 141 acres to
R-1MP, Mobile Home Park District, and 4 acres to.0-1, Commercial.
David M. R ver
Planning and Zoning Director -
F4 FEVER NOTED THAT THE. ApPLI CANT O�I P I rJALL`' .ASKED F^r'
137 ACRES TO BE REZONED TO R-1MP AND g ACRES TO C=1, BUT THIS WAS
AMENDED BY REDUCING THE C-1 TO 11 ACRES AND PUTTING THE REMAINING 4
ACRES INTO THE R—IIP. THE REDUCTION IN THE COMMERCIAL. ACREAGE WAS
REQUESTED IN ANTICIPATION OF MOVING FORWARD WITH CLUSTERING OF
COMMERCIAL ZONING AT INTERSECTIONS AND GETTING AWAY FROM A
COMMERCIAL STRIP IN CONJUNCTION WITH THE PROPOSED COMPREHENSIVE PLAN.
MR. REVER REPORTED THAT THE PLANNING & ZONING COMMISSION APPROVED
THIS APPLICATION 3 — 1 SUBJECT TO RECEIVING OF A RECOMMENDATION
FROM THE STATE LAND PLANNING AGENCY THAT THE PLAN DOES NOT
CONSTITUTE A DEVELOPMENT OF REGIONAL IMPACT. A BINDING LETTER
SUBSEQUENTLY WAS RECEIVED FRO & DIVISION OF LOCAL RES
O
r
0
- MANAGEMENT STATING THAT THE-SEXTON..GROVES PROPERTY IS NOT A D.R.I.
TED HERZOG, ATTORNEY`FO.R CLIFFORD O'DONNELL AND BYRON
MOORE, AGENTS FOR SEXTON GROVES CAME BEFORE THE BOARD. HE
'EMPHASIZED THAT THESE GENTLEMEN INTEND TO DEVELOP AND OPERATE
THIS PROJECT THEMSELVES FOR THE LONG TERM. THE CONCEPTUAL
DRAWING DEPICTS A DEVELOPMENT OF 1L11 ACRES, OF WHICH TWO LAKES
COMPRISE A TOTAL OF ROUGHLY 18 ACRES. MR. HERZOG THEN WENT
INTO VARIOUS FORMULAS FOR ESTIMATING DENSITY, VARYING AS TO WHETHER
THE LAKE AREA CAN BE INCLUDED OR MUST BE DISCOUNTED, AND STATED
THAT, DEPENDING ON THE FORMULA USED, THE DENSITY WOULD VARY FROM
5 TO A HIGH OF 5.69, HE POINTED OUT THAT THE COUNTY COMMISSION
RECENTLY APPROVED A DENSITY OF 6 UNITS PER ACRE ON THE BARRIER
ISLAND NORTH OF WABASSO BEACH IN ENVIRONMENTALLY SENSITIVE AREAS.
MR. HERZOG INFORMED THE BOARD THAT THE PROPOSED DEVELOPMENT CONCEPT
INCLUDES A 75' PLANTED BUFFER ON THE SOUTHERN BORDER OF THE
PROPERTY3,. A PLANTED ENTRANCE AREA WITH A 15' PLANTED BUFFER ON
THE EAST, AND A 10` BUFFER ON THE NORTHWEST. EXTENSIVE LANDSCAPING
IS CONTEMPLATED THROUGHOUT THE ENTIRE PROJECT, WHICH INCLUDES
RECREATIONAL FACILITIES, A MEETING CENTER, LAUNDRY FACILITIES,
ETC. THE COMMERCIAL CORNER IS TO BE DEVELOPED TO PROVIDE SERVICES
FOR THE CONVENIENCE OF PEOPLE WITHIN THE PARK.* MR. HERZOG THEN
STATED THAT THE DEVELOPER HAS COMMITTED TO PROVIDE A DECELERATION
LANE, WHICH IS NOT PRESENTLY SHOWN -ON THE CONCEPTUAL DRAWING, AND
THOUGH NO COMMITMENT HAS BEEN MADE AT THIS POINT, IT HAS BEEN
INDICATED THAT 1/2 - 1 ACRE WOULD BE MADE AVAILABLE TO THE
SOUTH COUNTY FIRE DISTRICT IN THE EVENT IT WAS FELT DESIRABLE TO
HAVE A.FIRE-STATION IN THIS AREA.
ATTORNEY.HERZOG STRESSED THE LACK OF MODERATELY PRICED
DWELLINGS IN THIS COMMUNITY AND -FELT THAT MANUFACTURED HOMES ARE
THE ANSWER. ATTORNEY HERZOG NEXT DISCUSSED THE EFFECT THIS PROJECT
WOULD -HAVE ON AGRICULTURE IN THE COUNTY, EXPLAINING THAT WHILE THEY
HAVE A 60 ACRE CITRUS OPERATION -IN THE NORTHWEST CORNER, -THE SOIL
TYPE ON THE BULK OF THE TRACT IS MUCK,AND IT IS THEIR CONTENTION
THAT THIS IS NOT PRIME CITRUS LAND. HE THEN QUOTED FIGURES
OBTAINED FROM THE CITRUS LEAGUE SHOWING THAT CITRUS ACREAGE IN THE
COUNTY HAS INCREASED IN THE LAST DECADE BY ABOUT 6;000 ACRES, WITH
MAY .6 1981 49 BOOR PAGE 350
MAY 6-1991 600K PAG E351
A COMPARABLE INCREASE IN PASTURE LAND, CATTLE UNITS AND ROW CROPS.
DURING THIS SAME PERIOD, POPULATION HAD A STEADY AND CONTINUED GROWTH,
MR. HERZOG COMMENTED ON THE OTHER -MOBILE HOME DEVELOPMENT IN THIS
SAME AREA, VI_LLAGE_GREEN, ETC., AND STATED THAT THE FUTURE LAND USE
PLAN, AS_ WELL -AS T-HE_PRESENT ONE, CONTEMPLATES MOBILE HOME DEVELOPMENT
.FOR THIS SPECIFIC AREA. IN ADDITION, THEIR PROPOSAL HAS -THE APPROVAL
OF THE PLANNING STAFF AND THE PLANNING AND ZONING COMMISSION.
ATTORNEY HERZOG POINTED OUT THAT UNDER THE PRESENT ORDINANCE -
THIS PROPERTY WOULD SUPPORT A TOTAL OF APPROXIMATELY 1227 UNITS, B_UT
THEY HAVE DROPPED BACK 527 UNITS AND COMMIT TO STAY WITH A TOTAL OF
700 UNITS -IF THE REZONING IS GRANTED, HE STRESSED THAT THEIR EFFORTS
TO -COOPERATE = I.E., BY DROPPING BACK 527 UNITS, REDUCING THE
COMMERCIAL NODE, INSTITUTING EXTENSIVE BUFFER ZONES, PROVIDING A
DECELERATION LANE AND POSSIBLY A FIRE STATION SITE - WILL INCREASE
THEIR COSTS SIGNIFICANTLY AND WILL ONLY BEAR FRUIT IF THEY STAY IN
THE PROJECT FOR THE LONG TERM.
ATTORNEY HERZOG BROUGHT UP THE PROBLEMS THAT HAVE ARISEN
WITH MOBILE HOME PARKS RE SHORT TERM LEASES, ETC. AND STATED THAT
IN AN EFFORT -TO OUTLINE AND DEFINE THESE CONCERNS, THEY HAVE CONTACTED
THE REPRESENTATIVE OF THE FEDERATION OF MOBILE HOME OWNERS OF FLORIDA
AND HAVE COMMITTED TO SOME TYPE OF LONG TERM LEASE. ATTORNEY HERZOG
NEXT CITED A CASE IN THE THIRD DISTRICT COURT OF APPEALS 1971 WHERE
AGRICULTURAL LAND SEEKING TO BE REZONED WITH THE RECOMMENDATION
OF STAFF WAS DENIED; THEY WENT TO APPEAL, AND THE COURT GRANTED
THE APPEAL. ATTORNEY HERZOG NOTED THAT THE POWER TO ZONE WAS
WEIGHED AGAINST THE RIGHT OF THE PROPERTY OWNER TO USE HIS PROPERTY,
AND HE FELT IT ALL BOILS DOWN TO WHETHER OR NOT IT CAN BE DEMONSTRATED
THAT THE PROJECT ACTUALLY CONSTITUTES A BONAFIDE THREAT TO THE HEALTH,
WELFARE AND SAFETY OF THE COMMUNITY. IN CONCLUSION, SIR. HERZOG
BROUGHT UP THE BINDING LETTER WHICH STATED THAT THIS IS NOT A DRI
AND THAT THERE WILL BE NO SIGNIFICANT REGIONAL IMPACTS RESULTING
FROM THE PROPOSED DRAINAGE PLAN OR UPON THE REGIONAL TRANSPORTATION
SYSTEM.
QUESTION AROSE AS TO WHETHER THIS PROPERTY CAN BE PROFITABLY
KEPT IN AGRICULTURAL USE, AND ATTORNEY HERZOG STATED THAT THERE IS
A 60 ACRE GROVE IN PRODUCTION I4 -THE NORTHWEST CORNER OF THE PROPERTY,
ALTHOUGH HE DID NOT KNOW ITS AGE, BUT HE FELT_CONSIDERATION MUST BE
50 '
GIVEN TO THE CHARACTERISTICS OF THE ENTIRE TRACT AS WELL AS THE
SURROUNDING MOBILE HOME PROPERTIES.
COMMISSIONER SCURLOCK NOTED THAT THE BOARD HAS A
RESPONSIBILITY TO PROTECT OUR COMMUNITY, AND WHILE MANY DESIRABLE
THINGS HAVE BEEN PROPOSED, WE HAVE NO VEHICLE AVAILABLE TO ASSURE
THAT THEY WILL HAPPEN.
ATTORNEY COLLINS POINTED OUT THAT WE ARE NOT HERE FOR
APPROVAL OF THE SITE PLAN, BUT TO CONSIDER A REZONING ISSUE, AND
ALTHOUGH THERE IS NO ENFORCEABLE WAY OF SUBSEQUENTLY REQUIRING THE
DEVELOPER TO LIVE UP TO HIS REPRESENTATIONS, THAT IS NOT THE ISSUE;
THE ISSUE IS WHETHER THE LAND SHOULD BE USED FOR THAT PARTICULAR
PURPOSE OR NOT.
COMMISSIONER SCURLOCK THEN BELIEVED THE POINT IS TO
DETERMINE WHETHER OR NOT IT IS ECONOMICAL TO KEEP THIS IN CITRUS
AND STATED THAT HE DID NOT HAVE SUFFICIENT INFORMATION RE SOIL
ANALYSIS, ETC., TO REACH A DECISION.
ATTORNEY HERZOG ARGUED THAT THE ECONOMIC VIABILITY OF
AGRICULTURE IS NOT THE DETERMINING ISSUE WITH RESPECT TO ZONING;
THE PRIMARY CONCERN IS WHETHER A THREAT TO THE PUBLIC HEALTH,
WELFARE AND SAFETY HAS BEEN DEMONSTRATED. HE FELT THE DRI BINDING
LETTER APPLIES TO THE LOCAL AREA AS WELL AS THE REGIONAL AREA AND
EMPHASIZED THAT THEY HAVE MADE REPRESENTATIONS AS TO THEIR PROPOSED
DEVELO-PMENT WITH THE INTENT THAT THIS WILL BE PUT IN THE RECORD
AND THEY WILL BE BOUND.AS TIGHTLY AS POSSIBLE.
COMMISSIONER FLETCHER QUESTIONED THE FIGURE OF 150,000
GALLONS PER DAY USED TO DETERMINE THE IMPACT ON -THE POTABLE WATER
.DEMAND, WHICH HE FELT WOULD FIGURE OUT TO WAY BELOW -AVERAGE -USE
IN THE -COUNTY BASED -ON Z.5 PEOPLE PER UNIT.. HE ALSO-WISHED*TO
KNOW IF FIRE FLOW WERE FIGURED INTO THE SYSTEM.
.JAMES BEINDORF, ENGINEER FOR THE PROJECT, STATED THAT THE
USE PER UNIT AND PER INDIVIDUAL FOR MOBILE HOME DEVELOPMENTS SUCH AS
THE ONE PROPOSED, WHERE THE OCCUPANTS ARE ELDERLY AND THERE ARE NO
CHILDREN, IS LESS -THAN THE NORM, AND THEY HAD FIGURED IN TERMS OF
1.8 PER UNIT. HE -CONTINUED THAT THEY JUST SHOWED AVERAGE DAILY
USAGE AND DID NOT DEAL WITH FIRE FLOW, BUT POINTED OUT THAT THEY
MUST OBTAIN ALL THE APPROPRIATE PERMITS AND AT THAT TIME WILL HAVE
TO GO INTO THE SPECIFICS OF FIRE DEMAND AND PEAK DEMAND..
.MAY 61981..
51
BOOK 'D : PACE. j4
Ej
MAY 61981. o '46 �� �F3
ao
CHA.I RMAN--LYONS POINTED OUT THAT .WE ARE NOT HERE -TODAY TO
APPROVE THE CONSUMPTIVE -USE PERMIT OF THE PROPOSED DEVELOPMENT.-
COMMI.SSIONER FLETCHER DID NOT SEE HOW WE CAN -GRANT
PERMISSION FOR THE REQUESTED USE WITH -MANY QUESTIONS NOT FULLY
ANSWERED ABOUT THE ABILITY -OF THE NATURAL.RESOURCES TO. PROVIDE
WHAT IS REQUIRED, AND HE -CONTINUED -TO QUESTION THE ENGINEER
ABOUT WASTE WATER FROM THE REVERSE OSMOSIS, THE SIZE OF THE PLANT,
WHETHER THE PERCOLATION PONDS WILL BE ADEQUATE, THE AFFECT ON
SURROUNDING WELLS, ETC-.
ENGINEER BEINDORF NOTED THAT ONCE THEY GET INTO THE
PERMITTING STAGE, THE SIZE OF THE PLANT AND OTHER FACTORS MAY VERY
WELL HAVE TO CHANGE, BUT AT -THIS STAGE THE PROJECT -PLANS MUST BE.
KEPT CONCEPTUAL.
CHAIRMAN LYONS AGAIN EMPHASIZED THAT THE ONLY QUESTION
BEFORE THE BOARD TODAY IS WHETHER WE WANT THE SUBJECT PROPERTY
REZONED TO R-1MP, HE DID NOT DOUBT THE GENTLEMEN HAVE IN MIND
TO DO EXACTLY WHAT THEY PROPOSE, BUT THE FACT REMAINS THAT -IF WE
DO REZONE R-1MP, WE GIVE THEM A -BLANK CHECK FOR A CERTAIN NUMBER
OF UNITS, WHICH IS CONSIDERABLY GREATER THAN THEY ARE PROPOSING,
AND THEY COULD GO OUT AND SELL THE PROPERTY IMMEDIATELY AFTER
RECEIVING THAT ZONING.
ATTORNEY HERZOG RESPONDED THAT IT WAS VERY UNLIKELY THE
APPLICANT WOULD GO OUT AND INCREASE THE DENSITY IN A CAVALIER
FASHION BECAUSE IF THEY DID CHANGE THINGS MATERIALLY, THEY WOULD
HAVE TO OBTAIN ANOTHER BINDING LETTER,
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD.
RUTH STANBRIDGE, 4835 66TH AVENUE, APPEARED TO OPPOSE THE
REQUESTED REZONING. SHE INFORMED THE BOARD THAT THE GENERAL SOIL
MAP OF INDIAN RIVER COUNTY PREPARED BY THE SOIL CONSERVATION SERVICE
RATES THE SOIL ON THE SEXTON GROVE PROPERTY AS "SEVERE" FOR DWELLINGS
AND DRAINAGE, BUT "MODERATE" TO "HIGH" FOR CITRUS, TRUCK CROPS AND
PASTURE. MRS. STANBRIDGE EMPHASIZED THAT THERE PRESENTLY IS 60
ACRES OF WHAT SHE WOULD TERM PRIME CITRUS IN PRODUCTION ON THIS
PROPERTY,PLUS lO ACRES OF TRUCK CROPS AND 75 ACRES SCRUB LAND OR
UNIMPROVED PASTURE. THE COMPREHENSIVE LAND USE PLAN DESIGNATES
THESE ACRES AS AGRICULTURAL, AND SHE DID NOT FEEL IT IS NECESSARY
TO REZONE THIS PRODUCTIVE FARM LAND WHEN JUST TO THE WEST VILLAGE
Ej
GREEN HAS -OPENED THEIR PHASE-I,I, WHICH WILL HAVE UP TO 900 MOBILE
HOMES, AND ALSO HAS STARTED CLEARL,NG FURTHER WEST FOR AN ADDITIONAL
1200 UNITS. PAIRS. STANBRIDGE STRESSED THAT THE TAXES REALIZED FROM
THESE TYPE UNITS ARE VERY LOW COMPARED TO THEIR HIGH IMPACT ON
SOCIAL SERVICES SUCH AS FIRE AND POLICE PROTE CfION, ETC. SHE THEN
QUOTED STATEMENTS MADE BY RALPH SEXTON, FORMER MEMBER OF THE COUNTY
PLANNING & ZONING COMMISSION, STRONGLY OPPOSING THE REZONING OF
AGRICULTURAL LANDS FOR OTHER PURPOSES.
WILLIAM KOOLAGE OF.26TH AVENUE, DOROTHY TALBERT OF CHERRY
LANE, AND SUSAN LIDDELL OF CHERRY .ANE, ALL SPOKE IN OPPOSITION TO
THE PROPOSED REZONING, STRESSING THE IMPACT WHICH WOULD BE CAUSED BY
A LARGE CONCENTRATION OF PEOPLE PAYING VERY MINIMAL TAXES SAN
AVERAGE OF ABOUT $52.00 PER YEAR PER PERSON) AND ALSO THE FACT
THAT SUCH DEVELOPMENTS JUST INVITE MORE PEOPLE TO MOVE INTO THE
COUNTY RATHER THAN SATISFYING THE PRESENT NEED FOR LOW COST
HOUSING. PAIRS. LIDDELL PRESENTED PETITIONS WITH SIGNATURES OF 273
PERSONS OPPOSING THE REZONING AS PER THE FOLLOWING PETITION PAGE,
THE BALANCE OF THE PETITION IS ON FILE IN THE OFFICE OF THE CLERK.
MAY 61981 53 oar46 WE.354
n�
MAY 61981'
-
BooN 46 pnE355
P E T -I T 1 -0 N
WR -the-underaigned are citizens. and residents of Indian
River County.
Pesch of us individually and collectively are.coo"d -too
a re_-zOninR of a 145 acre ( more .or loss ) tract owned by Sexton
Groves and located on 'the NW corner of Lateral 'A and State Road 60
in Tndian River County from agricultural land to RI Mobile-Pirk
with reftftt to 141 acres of such property and from agricultural to
commercial -zoning for &'4 acre part of such overall tract abutting
Lateral A and State Road 60 at the, corner.
NAME
1z. "Z
U
...........
rr
min -
ADMMSS
/Y
i
_?7
Em
.JAMES HIRSCH OF CHERRY LANE AND .JAMES STUDER, ROUTE 60,
BOTH OPPOSED THE REZONING BASED ON THEIR CONCERN ABOUT ITS IMPACT
ON THE WATER SITUATION WHICH ALREADY HAS SERIOUS PROBLEMS.
PAUL .JACOBI, 1865 75TH AVENUE, OBJECTED TO THE PROPOSED
REZONING BECAUSE HE BELIEVED THERE WILL BE A TRAFFIC IMPACT ON A
LOCAL BASIS, AND HE FELT THE ROUTE 60 CORRIDOR SHOULD BE KEPT AN
ENTRANCEWAY INTO THE COUNTY OF WHICH WE CAN BE PROUD.
ROBERT REIDER, 1150 REEF ROAD, OPPOSED THE PROPOSED
REZONING AND EVIDENCED CONCERN ABOUT APPROVING A DENSITY WHICH
WOULD ALLOW 1226 UNITS WHEN THE PROPERTY COULD BE SOLD TOMORROW.
HE ALSO STRESSED THE IMPACT ON THE TAX BASE.
POTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY
COMMISSIONER WODTKE, TO CLOSE THE PUBLIC HEARING.
JOHN TRIPSON INFORMED THE BOARD THAT HIS WIFE HAS AN
INTEREST IN THE SUBJECT PROPERTY. HE REFERRED TO THE HISTORY OF
THE PROPERTY AND THE FACT THAT WHEN THE INDIAN RIVER FARMS
DRAINAGE DISTRICT WAS CREATED AND PUT IN CONTROL STRUCTURES, IT
BENEFITED THE COMMUNITY, BUT DAMAGED GROVES ALL UP AND DOWN THE
CANALS. MR. TRIPSON CONTINUED THAT IN REGARD TO THE GROVE ON THE
PROPERTY, THERE IS A WATER PROBLEM THERE AND ALWAYS HAS BEEN AND
THEY HAVE LOST MONEY ON THIS GROVE DURING THE LAST YEARS.
COMMISSIONER BIRD ASKED HOW LONG THE SEXTON FAMILY HAS.
OWNED THIS PROPERTY AND -IF THERE ARE PRESENTLY ANY DEEP WELLS ON
THE PROPERTY.
PR. SEXTON STATED THEY HAVE OWNED IT.SINCE ABOUT 1920 AND
THERE ARE THREE DEEP WELLS.
THE CHAIRMAN CALLED FOR THE QUESTION TO CLOSE THE PUBLIC
HEARING. IT WAS VOTED ON AND CARRIED UNANIMOUSLY.- -
AFTER A BRIEF RECESS, THE CHAIRMAN ASKED FOR THE
COMMISSIONERS' COMMENTS.
COMMISSIONER SCURLOCK QUESTIONED THE STATEMENT MADE IN
THE PRESENTATION BY ATTORNEY HERZOG WHICH INDICATED THAT THE
PROPOSED TIASTER PLAN DES-IGNATED.THIS PROPERTY AS SUITABLE FOR
MOBILE HOME DEVELOPMENT.
MAY 6 1981
55 P�aK 46-PnE356
lAAl
�ndK46 PACE 35 7
SEN-IOR PLANNER ART CHALLACOMBE CONFIRMED -THAT IN THE
PROPOSED PLAN -THE DESIGNATION FOR MOB.ILE HOME-DEVELOPMENT.IS
FARTHER TO THE -WEST. - THE .S.UBJECT PROPERTY IS INDICATED AS LOW:
DENSITY AT.6 UNITS PER ACRE AND MOBILE HOMES WOULD NOT BE IN
COMPLIANCE WITH THE PROPOSED PLAN.. MR. CHALLACOMBE QUESTIONED, _
HOWEVER, WHETHER THE BOARD*SHOULD CONSIDER -THE PROPOSED PLAN AT
THIS STAGE SINCE IT"IS JUST A DRAFT,
COMMISSIONER SCURLOCK-INQUIRED OF THE ATTORNEY THE
FACTORS THE COMMISSIONERS MAY CONSIDER IN MAKING A DECISION ON
THIS REZONING. -
ATTORNEY COLLINS STATED THAT THE BOARD CAN CONSIDER ALL
THE TESTIMONY THEY HAVE HEARD AND NOTED THAT WHAT -WE ARE STRIVING
TO DO IS DETERMINE THE HIGHEST AND BEST USE FOR THE PROPERTY,
TAKING INTO CONSIDERATION THE EXISTING MASTER PLAN, THE ECONOMY,
THE AESTHETICS, THE TRAFFIC, THE ABILITY TO.PROVIDE SEWER AND
WATER, ETC, HE ADVISED THE BOARD TO BASE THEIR DECISION ON.THE
PRESENTLY ADOPTED ORDINANCES AND MAPS.
COMMISSIONER WODTKE FELT WE ARE GETTING DOWN TO THE
BASIC ISSUE OF WHETHER THE LAND SHOULD REMAIN IN AGRICULTURALLY
PRODUCTIVE LAND OR GO INTO DEVELOPMENT. HE AGREED THAT SOIL
CONTENT IS AN IMPORTANT FACTOR, BUT SO IS SURROUNDING USE, AND
THE FACT THAT AGRICULTURAL LAND IS MOVING TO THE WEST. HE
PERSONALLY FELT THAT LAND IN THIS LOCATION IS NOT GOING TO
REMAIN AGRICULTURAL AND WHETHER IT SHOULD GO INTO SINGLE FAMILY
OR SOME OTHER CATEGORY COULD BE DEBATED$ HE ASKED WHAT THE '75
PLAN CALLS FOR IN THIS AREA.
MR. REVER STATED THAT IT CALLS FOR MEDIUM DENSITY WHICH
HAS A DENSITY RANGING FROM 4 - 12, AND COMMERCIAL.
COMMISSIONER BIRD AGREED THAT THE AGRICULTURE IS
CONTINUING TO MOVE WEST OF I-95. HE NOTED THAT ON THE PLANNING
& ZONING COMMISSION THEY WERE ASKED TO PRESERVE THIS AGRICULTURAL
LAND, BUT UNFORTUNATELY, THE PEOPLE WHO HAD OWNED IT FOR MANY
YEARS DID NOT FIND IT ECONOMICALLY FEASIBLE TO CONTINUE TO UTILIZE
IT FOR AGRICULTURAL PURPOSES. COMMISSIONER BIRD BELIEVED WE ARE
BEING IMPRACTICAL IF WE -THINK THAT DEVELOPMENT PRESSURES ARE NOT
m
"m
Ej
GOING TO BE THERE CONTINUALLY,,,TO CHANGE THAT LAND FROM
AGRICULTURAL CHARACTERISTICS TO'DEVELOPMENT AND COMMERCIAL. HE
WENT ON TO SPEAK ABOUT THE COMPLEXITY OF THE DRI PROCESS WHICH
WOULD HOLD DEVELOPMENT DOWN TO 700 UNITS, AND BELIEVED ANY DEVELOPER
WOULD THINK TWICE ABOUT TRYING TO INCREASE THE DENSITY AND HAVE TO
RESUBMIT BEFORE THE STATE. HE BELIEVED WE DO HAVE A CERTAIN
OBLIGATION TO A PROPERTY OWNER TO DEVELOP HIS PROPERTY TO THE
HIGHEST AND BEST USE AS LONG AS IT DOES NOT ADVERSELY AFFECT
SURROUNDING PROPERTIES.
COMMISSIONER SCURLOCK STATED THAT HE DID LEND SOME
WEIGHT TO THE FACTS GARNERED FROM THE SOIL SURVEY PRESENTED.AS
WELL AS THE OPINIONS OF TWO COMMISSIONERS WHO BELIEVE THE AREA
WILL NOT REMAIN IN AGRICULTURE, WHETHER R—IMP IS THE BEST USE
OR NOT. HE POINTED OUT THAT WE HAVE THE ABILITY TO DENY THE PRO-
POSED REZONING AND CONSIDER REZONING TO ANOTHER CATEGORY AT SOME
OTHER TIME, AND SINCE HE HAD A SIGNIFICANT PROBLEM WITH THE PROPOSED
REZONING BECAUSE OF THE MULTITUDE OF DIVERGENT OPINIONS HE HAD
RECEIVED, HE WOULD,THEREFORE, VOTE IN OPPOSITION TO THE REZONING
REQUEST.
COMMISSIONER FLETCHER GAVE IMPORTANCE FIRST TO -THE FACT
THAT THE PROPERTY OWNER OF THIS -LAND IS NEUTRAL AND SECOND TO THE
STATEMENT MADE BY ATTORNEY HERZOG THAT THE ONE REASON WE MIGHT
PRESENT IN OPPOSITION TO THE CHANGE IS THAT.IT IS A BONA FIDE
THREAT TO THE SURROUNDING LAND AND CITIZENS. COMMISSIONER FLETCHER
REALIZED THAT DEVELOPMENT PRESSURE -HAS TO BE BALANCED WITH THE
PRESSURE EXERTED BY PEOPLE WHO -LIVE THERE, BUT STATED HE -WAS
PREPARED TO MAKE A JUDGMENT BASED ON HIS ACTUAL EXPERIENCE IN THE
COUNTY, HE KNEW IN HIS GUT THAT 1268 PEOPLE IMPACTED IN AN AREA
AS PROPOSED WILL AFFECT THE WATER SITUATION OUT THERE, AND THE
DROUGHT WE,ARE HAVING RIGHT NOW IS A PRIME REASON WHY WE NEED TO
START -ADDRESSING THE FUTURE OF THIS COUNTY IN -REGARD TO THE -NATURAL
RESOURCES WE NEED TO SURVIVE. -
MOTION WAS MADE BY COMMISSIONER-FLETCHER, SECONDED BY
COMMISSI.ONER SCURLOCK, THAT THE REQUEST FOR -REZONING THE SEXTON
GROVES PROPERTY AS ADVERTISED FROM AGRICULTURAL TO R—lMP BE DENIED
MAY- 6 1981. - 57 BOOK -. 46PaAW
12
61981
.,,359
BASED ON THE AVAILABLE WATER SITUATION, THE IMPACT ON NEIGHBOR S
LIFE STYLES, AND THE INSIDE It OF COMMISSIONER FLETCHER.
COMMISSIONER LYONS STATED THAT HE PLANNED TO SUPPORT.THE
MOTION BECAUSE HE FELT THERE HAS BEEN A THREAT DEMONSTRATED BY THE
RECORD THAT WE DO -LOSE AGRICULTURAL LAND; AS TIME GOES ON AND
POPULATION GROWS, WE WILL NEED MORE AGRICULTURAL LANDjAND BY
USING IT UP, YOU- DON'T GET MORE, HE BELIEVED THAT MOBILE HOME
ZONING IN THAT AREA CREATES A GREATER CONCENTRATION THAN THE
COUNTY CAN SUPPORT
COMMISSIONER WODTKE WISHED TO MAKE IT -CLEAR TO EVERYONE
THAT -HIS -VOTE WOULD NOT BE INFLUENCED IN ANY WAY BECAUSE OF THE
POSSIBILITY OF A SITE FOR A FIRE STATION ON THIS PROPERTY. HE
THEN _DISCUSSED THE TAXES- PAID BY MOBILE HOME OWNERS, NOTING THAT
IT IS THE LEGISLATURE THAT HAS DIRECTED THAT IT IS ONLY NECESSARY
THAT THEY BUY A LICENSE PLATE, $46.80 FOR A SINGLE WIDE OR $92.50
FOR A DOUBLE WIDE, AND THESE FUNDS GO TO THE STATE WITH NOT THE
FIRST PENNY COMING BACK TO THIS COUNTY. HE DID NOT FEEL THE AMOUNT
OF TAXES IS A REASON TO VOTE AGAINST THIS ISSUE, BUT THAT IT IS A
REASON TO LIMIT THE AMOUNT OF MOBILE HOMES WE SHOULD ALLOW IN THE
COUNTY, COMMISSIONER WODTKE DID NOT FEEL THAT -THE OPPOSITION HERE
TODAY IS AGAINST THE LAND GOING FROM AGRICULTURAL TO SOME TYPE OF
RESIDENTIAL, BUT THAT IT WAS MORE IN OPPOSITION TO MOBILE HOME PARKS,
CHAIRMAN LYONS CALLED FOR THE QUESTION ON THE MOTION TO
DENY THE REZONING TO R -IMP. COMMISSIONERS FLETCHER, SCURLOCK AND
CHAIRMAN LYONS VOTED IN FAVOR, AND COMMISSIONERS WODTKE AND BIRD
VOTED IN OPPOSITION. THE MOTION TO DENY CARRIED 3 TO Z.
. ATTORNEY HERZOG POINTED OUT THAT THERE ALSO WAS A REQUEST
FOR C-1 ZONING.
MOTION WAS MADE BY COMMISSIONER FLETCHER, SECONDED BY
COMMISSIONER WODTKE, TO DENY THE REQUESTED REZONING TO C-1 AS
ADVERTISED BECAUSE THIS PROJECT WAS PRESENTED AS ONE LARGE
CONCEPTUAL PLAN AND IT WAS EXPLAINED THAT THE FOUR ACRES OF
COMMERCIAL WAS TO BE PRIMARILY FOR THE CONVENIENCE OF THE MOBILE
HOME PARK; THERE IS, THEREFORE, NOW NO NEED FOR THE COMMERCIAL
ZONING.
L..J
COMMISSIONER WODTKE CONCURRED THAT THE COMMERCIAL AREA
WAS INTENDED TO BE SUPPORTIVE OF THE OVERALL DEVELOPMENT, WHICH
HAS NOT BEEN APPROVED BY THIS COMMISSION, AND HE DID NOT BELIEVE
THERE IS A CURRENT NEED FOR ADDITIONAL COMMERCIAL PROPERTY IN
THIS AREA.
CHAIRMAN LYONS ASKED IF THE PRESENT MASTER PLAN HAS A
COMMERCIAL NODE AT THAT LOCATION, AND PLANNING DIRECTOR REVER
STATED THAT IT DOES NOT; THE COMMERCIAL NODE WAS ONLY IN CONNEC-
TION WITH THE PROPOSED PARK.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED UNANIMOUSLY.
AWARD OF HIGHWAY SAFETY GRANT TO EMPLOY INDIAN RIVER COUNTY TRAFFIC
ENGINEER
ADMINISTRATOR NELSON REVIEWED THE FOLLOWING MEMO:
59
MAY =61991 BOOK ' 46 -'PAG E* 360
D
MAY_ 6 -1981 Box
eAr -
TO: The Honorable Members of DATE: April 29; 1981 FILE:
the Board of County Commissioners
-SUBJECT:- Award of Highway Safety Grant
to -Employ. Indian River County
Traffic Engineer
FROM: Neil A. Nelson - REFERENCES:
County Administrator
DESCRIPTION AND CONDITIONS
The state of Florida Bureau of Highway Safety, Department of Veteran and
Community Affairs has awarded a grant to Indian River County effective April
15, 1981, in the amount of $11,.600.00 for the purpose of hiring a Traffic
Engineer.- This grant is intended to fund the Engineer's salary -($24,000.00
per year) for the remaining 5.1/2 month period of Fiscal Year 1981 and also
travel and per diem expenses projected at $600.00. The grant agreement signed'
by the Chairman of the Board of County Commissioners on February 19, 1981,
pledges as the County's "in kind" share $3,190.00 for.fringe benefits. Also,
the hiring of this new employee will require additional expen-ses for equipment,
automobile, and supporting materials so as to equip a new Traffic Engineering -
Division effectively within the Department of Public Works program.
It has also been suggested by the City of Vero Beach that the hiring of -a
Traffic Technician,.which has also been funded by a Bureau of Highway Safety
Grant awarded to the City, be performed•by the County's Traffic Engineer and
the two work together under County organization: The City would transfer their
grant to the County and the Traffic Engineering Division would study the needs
of the traffic problems as a unit, setting priorities and. distributing both the
City/County work load as they feel the critical needs exist. The City's grant
of $9,444.00 for the last half of FY 1981 includes $7,002.00 for salary ($14,000
per year), fringe benefits of $1,642.00, and travel and per diem of $800.00.
This would be transferred to the County if approved.
ALTERNATIVES AND ANALYSIS
The grant money received will cover the majority of salary and-travel/per diem
costs for the Traffic Engineer.. If the Board concurs that it would be desirable
to transfer -the City of Vero Beach's Traffic Technician to work under the County
Traffic Engineer, that salary money and travel/per diem would also be funded.
There are still numerous costs involved that have not been funded. These include
the following:
I. Fringe benefits for Traffic Engineer
2. Car for Traffic Engineer $3,190.00
3. Two-way radio for Traffic Engineer 6,000.00
4. Equipment for Traffic Engineer including Traffic Counters (2) 975.00
and miscellaneous equipment
5. Desk and chair 1,000.00
6. File cabinets 550.00
7. Miscellaneous expenses 200.00
Also, additional secretarial work will be generated 1,000.00
s � o
EA
The above expenses do not include funding of programs and projects. These will
be addressed once the Traffic Engineer is' -hired. Also, it is possible that the
State will not fund these positions in 1981/82 and thereafter. Mr. Joe Williams
of the Bureau of Highway Safety has, however, indicated that funding in future
years is probable.
RECOMMENDATIONS AND FUNDING
To implement the Traffic Engineering function and initiate the administration of
the Bureau of Highway Safety grant, the following is recommended:
1. Approve the immediate advertising in local and professional journals for a
Traffic Engineer at a salary not to exceed $24,000.00 per year. As the grant
date begins April 15, 1981, time is of the essence.
2. Approve funding in the amount of $3,190.00 for fringe benefits for the Traffic
Engineer.
3. Approve funding in the amount of $ 9,725.00 for supplies, equipment as detailed
above, and an automobile for the Traffic Engineer. Funding to be from
account # 102 199 584 99.91 Federal P.evenue Sharing Contingency.
COMMISSIONER SCURLOCK WAS IN FAVOR OF HIRING A TRAFFIC
ENGINEER AND SUPPORTED THE CONCEPT OF HAVINGA TRAFFIC TECHNICIAN
WORK ALONG WITH OUR TRAFFIC ENGINEER WHEN WE BRING ONE ON BOARD,
HE NOTED THAT WE WOULD HAVE TO DETERMINE A SCOPE OF WORK AND
BREAK IT DOWN.
TERRY GOFF, MAYOR OF THE CITY OF VERO BEACH, STATED THAT
THEY JUST WANT TO SEE AS MUCH AS POSSIBLE DONE AS SOON AS POSSIBLE,
AND THEY WILL GIVE THE COUNTY GREAT FLEXIBILITY.
COMMISSIONER WODTKE QUESTIONED WHETHER THE ADDITIONAL
COSTS FOR THE TRAFFIC ENGINEER WOULD -ALL BE ON COUNTY FUNDS,
ADMINISTRATOR NELSON STATED THAT THEY WOULD — THAT ALL
THE CITY IS DOING IS SUPPLYING THE TRAFFIC TECHNICIAN,PLUS A
$5,000 EQUIPMENT GRANT WHICH CAN BE USED TO PURCHASE SUCH THINGS
AS TRAFFIC COUNTERS., ETC.
COMMISSIONER BIRD NOTED THIS IS FOR -HALF A YEAR, AND THE
ADMINISTRATOR EXPLAINED THAT THE.GRANT DATE BEGINS APRIL 15TH AND
GOES TO THE END OF THE FISCAL YEAR; THEREFORE, TIME IS_OF THE
ESSENCE.
DISCUSSION FOLLOWED -ON THE PURCHASE OF A NEW VEH-ICLE, AND
THE ADMINISTRATOR -STATED THAT THE TRAFFIC ENGINEER -WOULD NEED TO BE
MOBILE AND THEY.WERE THINKING OF AN ECONOMY—TY-PE PICK—UP TRUCK AS
HE WILL HAVE A LOT OF GEAR.
Y 6 - 61 �ooK .46 PGE 362 :
wj
BOOK
MA
6 PAGE Q
COMMISSIONER WODTKE BROUGHT UP THE DUAL JAXATION
COMPLAINT WHICH HAS ARISEN IN THE PAST AND FELT IF THE TRAFFIC
ENGINEER IS GOING TO BE INVOLVED WITH STREETS SUCH AS ROUTE 60
AND 16TH ST., THAT.IS ONE THING, BUT IF HE IS GOING TO -GET
INVOLVEDA N EVERY -DAY PLANNING WORK FOR THE CITY, HE BELIEVED
SOME OF THE FIXED COSTS SHOULD BE SHARED. -
COMMISSIONER SCURLOCK FELT THE ADMINISTRATOR AND THIS
COMMISSION WOULD SET THE SCOPE OF WORK -AND DEFINE IT INTO
PRIORITIES.
-COMMISSIONER WODTKE STATED THAT HE IS -IN TOTAL AGREEMENT
AS TO HAVING -ONE TRAFFIC ENGINEER FOR THE CITY AND COUNTY RATHER
THAN SEPARATE; BUT FELT WE -MAY HAVE TO READDRESS THE FUNDING AT
A LATER DATE.
CHAIRMAN LYONS AGREED THAT THERE IS NO PROBLEM WITH
DEALING WITH THE THROUGH STREETS, RUT BELIEVED WE WILL HAVE TO
WORK THIS OUT MORE SPECIFICALLY.
COMMISSIONER FLETCHER WAS SURE THERE ARE TRAFFIC PROBLEMS
AND PLENTY FOR A TRAFFIC ENGINEER TO DO AND THE MONEY IS AVAILABLE,
BUT HE SAW A REAL DANGER OF GETTING AN ADDITIONAL PERMANENT PROFES-
SIONAL ON THE STAFF AND PREFERRED TO SEE SPECIFIC WORK DUTIES FOR
THE TRAFFIC ENGINEER AND HIS ASSISTANT WORKED UP BY THE ADMINISTRATOR
AND THE CITY MANAGER TO SEE WHAT WE CAN EXPECT.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS-
SIONER BIRD, THE BOARD BY A 4-1 VOTE, COMMISSIONER FLETCHER VOTING
IN OPPOSITION, APPROVED THE ADMINISTRATOR'S RECOMMENDATION AS
OUTLINED IN HIS MEMO OF APRIL 29TH.
ADMINISTRATOR'NELSON STATED THAT HE WILL WORK UP A SCOPE
OF WORK AND SUBMIT IT TO THE BOARD.
SOUTH COUNTY FIRE DISTRICT
THE BOARD OF COUNTY COMMISSIONERS THEREUPON RECESSED AT
4:40 O'CLOCK P.M. IN ORDER THAT THE DISTRICT BOARD OF FIRE COMMIS-
SIONERS OF THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT MIGHT CONVENE.
MINUTES OF THAT MEETING WILL BE PREPARED SEPARATELY.
THE BOARD OF COUfTY COMMISSIONERS RECONVENED AT 4:50
O'CLOCK P.M. WITH THE SAME MEMBERS PRESENT.
62
Ej
REPORT RE -INSTALLATION AND TESTING OF PRODUCTION AND MONITORING
WELLS, SOUTH COUNTY WATER TAXING DISTRICT
TOM TESSIER OF GERAGHTY & MILLER REPORTED THAT NO
ADDITIONAL INFORMATION IS NEEDED FOR THE CONSUMPTIVE USE APPLICA-
TION TO ST. JOHN'S RIVER WATER MANAGEMENT DISTRICT,AND IT SHOULD
GO BEFORE THE GOVERNING BOARD ON JUNE 9TH. AS IT STANDS NOW, HE
DID NOT FORESEE ANY PROBLEMS.
COMMISSIONER SCURLOCK INQUIRED IF WE ARE PAYING CLOSE
ATTENTION TO THE DROUGHT SITUATION.
MR. TESSIER STATED THAT LOWER PUMPING LEVELS FROM THE
DROUGHT WERE ANTICIPATED IN THE ANALYSIS, AND THEY ARE NOT MONITOR-
ING AT PRESENT.
IN FURTHER DISCUSSION, THE BOARD GENERALLY AGREED THAT IT
WOULD BE WORTHWHILE TO KEEP ON MONITORING DURING THE DROUGHT
SITUATION.
MR. TESSIER AND ENGINEER JOHN ROBBINS ALSO FELT THE SMALL
ADDITIONAL EXPENSE INVOLVED WOULD BE WARRANTED AND ESTIMATED IT
WOULD NOT COST MORE THAN $500.
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY AUTHORIZED -MR. TESSIER AND ENGINEER
ROBBINS TO CONTINUE MONITORING THE SOUTH COUNTY WATER TAXING DISTRICT
WELLS FOR THE. -NEXT THIRTY DAYS FOR AN AMOUNT NOT TO EXCEED $500.00.
INTERIM FINANCING SOUTH COUNTY WATER SYSTEM - ARCH N. ROBERTS &-CO.
STAN LEVINGOOD OF ARCH W. ROBERTS & CO. REPORTED THAT HE
NOW HAS THE HARD NUMBER HE PROMISED, AND IT IS $232,819 COST LESS
THE FMHA So INTERIM -DRAWS; THAT, IN ESSENCE, WILL BE -THE AMOUNT
OF CASH AVAILABLE -TO THE COUNTY ON OCTOBER -1, 19811 ASSUMING THAT THE
ENGINEER'S CONSTRUCTION DRAWS ARE ACCURATE, TO EITHER PAY ADDITIONAL
COSTS OF THE PROJECT OR TO REDUCE THE AMO-UNT OF THE LONG TERM FMHA
LOAN. -
ATTORNEY--COLLINS NOTED THAT THERE ARE TWO NUMBERS WE NEED --
TO PLUG INTO THE RESOLUTION - ONE IS THE INTEREST RATE, -WHICH HE
BELIEVED IS 9.2% - AND THE OTHER IS THE -BLANK -WHERE IT STATES -
"NOTES ARE HEREBY SOLD AND AWARDED TO -ARCH ROBERTS CO. AND SEEDY
CORP. AT THE PRICE OF "
MAY 61981
63 BOOK 46 FACE 3 4
rlp-
BOOK 65
MR.- LEVrNGOOD STATED IT HAD BEEN SUGGESTED THAT -.THIS
NUMBER SHOULD -BE THE PAR AMOUNT LESS DISCOUNT, BUT HE WOULD BE
MOST COMFORTABLE WITH -THE -NUMBER REPRESENTING THE AMOUNT OF TH-E
CHECK -THEY WILL BE DELIVERING TO'THE'-COUNTY NEXT TUESDAY IN
EXCHANGE FOR THE COUNTY DELIVERING THE NOTES TO THEM, --WHICH WOULD
BE A DIFFERENT AMOUNT BECAUSE THERE ARE ALSO EXPENSES WHICH MUST
BE TAKEN INTO.CONSIDERATION.
WHILE MR.-LEVINGOOD WORKED OUT THIS FIGURE, ATTORNEY
COLLINS INFORMED THE BOARD THAT THERE -ARE DOCUMENTS THAT NEED TO
BE SIGNED. THE -FIRST IS A RESOLUTION AMENDING RESOLUTION -
N0. 80-63 WHICH WAS THE RESOLUTION THAT"AUTHORIZED THE BOND
ISSUE FOR THE 5.S MILLION. -THE PURPOSE OF THE AMENDMENT IS TO
PROVIDE FOR A CONSTRUCTION FUND AND TO.PROVIDE THE VEHICLE FOR
THE -PASSAGE OF THE SECOND RESOLUTION,- WHICH IS THE BOND ANTICIPA-
TION NOTE RESOLUTION.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD BY A 4 TO I VOTE, COMMISSIONER FLETCHER VOTING
IN OPPOSITION, ADOPTED AMENDATORY RESOLUTION N0. 81-29.
RESOLUTION AMENDING RESOLUTION NO. 80-63 OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ENTITLED:
"RESOLUTION PROVIDING EOR 2HE ACQUISITION AND CONSTRUCTION OF
CERTAIN WATER FACILITIES IN INDIAN RIVER COUNTY, FLORIDA;
AUTHORIZING THE ISSUANCE BY THE COUNTY OF NOT EXCEEDING $5,825,900
WATER REVUE BONDS, SERIES 1980 (SOUTH COUNTY WATER SYSTEM), TO
FINANCE A PART OF THE COST THEREOF; PLEDGING THE GROSS REVENUES
OF SUCH FACILITIES TO SECURE PAYMENT OF THE PRINCIPAL OF AND
INTEREST ON THE BONDS; AND PROVIDING FOR THE RIGHTS OF THE HOLDERS
OF THB BONDS."
BY CREATING AND ESTABLISHING A NOTES PAYMENT ACCOUNT WITHIN THE
CONSTRUCTION FUND FOR THE BENEFIT OF THE HOLDERS OF BOND ANTICIPATION
NOTES; AND PROVIDING AN U'FECTIVE DATE.
DISCUSSION CONTINUED ON THE FIGURE TO BE USED FOR THE
PRICE AND MR, LEVINGOOD STATED $5,737,625 REPRESENTS THE PAR AMOUNT
LESS DISCOUNT; THE DIFFERENCE IS EXPRESSED IN CLOSING COSTS,
ATTORNEY COLLINS SUGGESTED THAT THE BOARD ADOPT THE BOND
ANTICIPATION NOTE RESOLUTION INSERTING 9.2% INTEREST AND APPROXI-
MATELY $5,737,625 OR SUCH OTHER EXACT FIGURE AS MAY BE SUBSTITUTED
BY BOND COUNSEL.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY
COMMISSIONER WODTKE, THE BOARD BY A 4 - 1 VOTE, COMMISSIONER
FLETCHER VOTING IN OPPOSITION, ADOPTED RESOLUTION N.O. 31-30 WITH
F.
A
THE WORDING SUGGESTED BY ATTOfiNEY COLLINS.
RESOLUTION AUTHORIZING THE ISSUANCE OF NOT
EXCEEDING $5,825,000 WATER REVENUE BONDS,
SERIES 1980 (SOUTH COUNTY WATER SYSTEM),
ANTICIPATION NOTES OF INDIAN RIVER COUNTY,
FLORIDA; PROVIDING FOR THE PAYMENT THEREOF
AND ENTERING INTO CERTAIN COVENANTS AND
AGREEMENTS WITH THE HOLDERS THEREOF; AWARDING
THE NOTES TO THE -PURCHASER AT PRIVATE SALE
AND PROVIDING AN EFFECTIVE DATE.
ATTORNEY COLLINS CONTINUED THAT THE CERTIFICATION AS TO
PUBLIC MEETING NE -EDS TO BE SIGNED BY ALL COMMISSIONERS. HE EXPLAINED
THAT IT MERELY STATES THAT NO TWO BOARD MEMBERS HAVE GOTTEN TOGETHER
OUTSIDE OF THE SUNSHINE LAW TO DECIDE WHAT HAS BEEN PASSED ON TODAY
AND IT DOES NOT REQUIRE A MOTION TO AUTHORIZE THESE SIGNATURES.
ATTORNEY COLLINS INFORMED THE BOARD THAT THE CHAIRMAN
NEEDS TO BE AUTHORIZED TO SIGN THE ESCROW DEPOSIT AGREEMENT AND
THE SIGNATORY PAGE ON THE NOTE RESOLUTION.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
BIRD, THE BOARD BY A 4 TO 1 VOTE, COMMISSIONER FLETCHER VOTING IN
OPPOSITION, AUTHORIZED THE CHAIRMAN TO SIGN THE ESCROW DEPOSIT AGREE-
MENT -AND THE NOTE.RESOLUTION.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
BIRD, THE BOARD BY A 4 TO 1 VOTE, COMMISSIONER TLETCHER-VOTING IN
OPPOSITION, AUTHORIZED -THE CLERK TO SIGN THE REQUIRED DOCUMENTS FOR
THE BOND ISSUE.
FOLLOWING IS A LIST OF DOCUMENTS RELATIVE TO THE BOND ISSUE
WHICH ARE ON FILE IN THE OFFICE OF THE CLERK.
MAY: 61981 -
- 65
BOOK - 6 PACE -366
m
MAS 6 i981 _ -oo� 46 FA�E367-
$5.825,900 WATER REVENUE BONDS -
CERTIFICATE OF RECORDING OFFICER RE RESOLUTION NO. 81-29
CERTIFICATE OF RECORDING OFFICER RE RESOLUTION N0. 81-30
RESOLUTION N0; 81 -30 -
ESCROW DEPOSIT.AGREEMENT -
PURCHASE AGREEMENT
CERTIFICATE -FOR COMPLIANCE WITH UNIFORM FACSIMILE SIGNATURE OF
- PUBLIC OFFICIALS -ACT - PATRICK B. LYONS.
_ CETIFICATE FOR COMPLIANC WITH UNIFORM FACSIMILE SIGNATURE OF
PUBLIC OFFICIALS ACT -REDA WRIGHT
RESOLUTIAN AND CERTIFICATION - J. I. CHALKER, SENIOR VICE PRESIDENT,
CASHIER A D SECRETARY OF THE BOARD OF DIRECTORS OF THE FLORIDA
NATIONAL ANK OF JACKSONVILLE
INCUMBENCY CERTIFICATE
RECEIPT FOR NOTES -*ARCH W. ROBERTS AND COMPANY - THE LEEDY CORP.
CERTIFICATE AS TO PRIOR PLEDGE
NON -ARBITRAGE CERTIFICATE
CERTIFICATE AS TO PUBLIC MEETINGS
SIGNATURE AND NO LITIGATION CERTIFICATE
CERTIFICATE CONCERNING OFFICIAL STATEMENT
LETTER DATED MAY 121981 FROM FREEMAN, RICHARDSON, WATSON, KELLY
AND LIVERMORE, P.A..REGARDING-RECEIPT OF CERTIFIED COPIES OF
PROCEEDINGS ON BEHALF OF INDIAN RIVER COUNTY
CERTIFICATE OF DELIVERY AND PAYMENT
OFFICIAL STATEMENT DATED MAY 12, 1981 - ARCH W. ROBERTS AND COMPANY
THE LEEDY CORP.
6
Ej
'ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMIS-
SIONER SCURLOCK, THE BOARD BY A 4 TO 1 VOTE, COMMISSIONER FLETCHER
VOTING IN OPPOSITION, APPROVED OUT -OF -COUNTY TRAVEL FOR CHAIRMAN
LYONS AND ATTORNEY COLLINS TO GO TO NEW YORK CITY MAY 11-121 19811
IN CONNECTION WITH THE SOUTH COUNTY WATER SYSTEM BOND ISSUE.
LEEDY CORPORATION RE ADDITIONAL FUNDS FOR COUNTY ADMINISTRATION
COMPLEX
ATTORNEY COLLINS REPORTED THAT WE HAVE ON THE AGENDA
APPROVAL OF THE RESOLUTION FOR A $725,000 CAPITAL IMPROVEMENT
BOND ISSUE, I.E., THE JUNIOR BONDS FOR THE COUNTY ADMINISTRATION
COMPLEX RENOVATION, AND WILLIAM LEEDY IS HERE TO MAKE A PRESENTATION.
MR. LEEDY WAS UNDER THE IMPRESSION THERE STILL WAS A
CHANGE TO BE MADE IN THE BOND RESOLUTION, BUT FINANCE DIRECTOR
BARTON INFORMED HIM THAT BOND COUNSEL HAS STATED THAT THE RESOLU-
TION WILL HAVE TO STAY THE WAY IT WAS ORIGINALLY DRAWN RATHER THAN
CHANGE IT AS PROPOSED BY THE FINANCE DIRECTOR.
MR. LEEDY STATED THAT IN THAT CASE THE BOND RESOLUTION FOR
THE RACETRACK BOND ISSUE WAS.READY FOR ADOPTION.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER
BIRD, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 81-31;
A RESOLUTION PROVIDING FOR COMPLETION OF THE - -
RECONSTRUCTION, ALTERATION, FURNISHING AND EQUIPPING
OF A COURTHOUSE ANNEX IN INDIAN RIVER_COUNTY, FLORIDA;
AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $725,000 CAPITAL
IMPROVEMENT REVENUE BONDS, SERIES 1981, TO FINANCE THE
COST THEREOF; AND PROVIDING FOR -.THE PAYMENT OF THE
PRINCIPAL OF AND INTEREST ON SUCH BONDS FROM -THE RACE
TRACK FUNDS AND .JAI ALAI -FRONTON FUNDS -ACCRUING ANNUALLY
TO INDIAN RIVER COUNTY, FLORIDA, -PURSUANT TO LAW, AND -
CERTAIN INVESTMENT INCOME; PROVIDING -FOR -THE RIGHTS OF
THE HOLDERS OF SAID BONDS.
- ON MOTION BY COMMISSIONER WODTKE; SECONDED BY COMMISSIONER
SCURLOCKt THE BOARD UNANIMOUSLY AUTHORIZED FILING OF THE VALIDATION
SUIT IN REGARD TO THE.ABOVE BOND ISSUE. -
MAY 619.81- 67 = 0 -48 PAGE 368
RESOLUTION -NO. I'3I
A RESOLUTION PROVIDING FOR -COMPLETION OF THE
RECONSTRUCTION, ALTERATION, FURNISHING AND
EQUIPPING OF A COURTHOUSE ANNEX IN -INDIAN
RIVER COUNTY, FLORIDA; AUTHORIZING THE ISSUANCE
OF NOT EXCEEDING $725,000 CAPITAL IMPROVEMENT
REVENUE BONDS, SERIES 1.981-, TO FINANCE THE
COST THEREOF; AND PROVIDING FOR THE PAYMENT OF
THE PRINCIPAL OF AND INTEREST ON SUCH BONDS --
FROM THE RACE TRACK FUNDS AND JAI ALAI -FRONTON
FUNDS -ACCRUING ANNUALLY. TO INDIAN RIVER
COUNTY; FLORIDA, PURSUANT TO LAW,- AND CERTAIN
INVESTMENT INCOME; PROVIDING FOR THE RIGHTS OF
THE HOLDERS OF SAID BONDS.
BE-IT RESOLVED BY --THE BOARD OF COUNTY-.COMM-ISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA (hereinafter referred to as "Board"),.
that: -
SECTION 1. AUTHORITY FOR RESOLUTION. This resolution
is adopted pursuant -to -the -provisions of Chapter 125, Florida
Statutes, Indian River County Ordinance No. -77-19 enacted August
3, 1977, and effective August 9, 1977, as amended, and other
applicable provisions -of law.
SECTION 2. DEFINITIONS. The following terms shall have
the following meanings herein, unless the text otherwise expressly
requires. Words importing singular number shall include the
plural number in each case and vice versa, and words. importing
persons shall include firms and corporations.
A. "Issuer" or "County" shall mean Indian River County,
Florida.
B. "Board" shall mean the Board of County Commissioners
of Indian River County, Florida.
C. "Act" shall mean Chapter 125, Florida Statutes,
Indian River County Ordinance No. 77-19, enacted August 3, 1977,
and effective August 9, 1977, as amended, and other applicable
provisions of law.
D. "Resolution" shall mean this resolution.
E. "Obligations" shall mean the Capital Improvement
Revenue Bonds, Series 1981, herein authorized to be issued.
F. "Prior Lien Obligations" shall mean the outstanding
$4,350,000 Capital Improvement Revenue Bonds, Series 1980, dated
April 1, 1980, having a prior lien upon the Race Track Funds and
Jai Alai Fronton Funds.
G. "Holder of Obligations" or "Holders" or any similar
term shall mean any person who shall be the bearer or owner of
any outstanding Obligation or Obligations registered to bearer,
or not registered, or the registered owner of any such Obligation
or Obligations which shall at the time be registered other than
to bearer.
H. "Race Track Funds and Jai Alai Fronton Funds" shall
mean that portion of the Race Track Funds and Jai Alai Fronton
Funds accruing annually to the County under the provisions of
Chapters 550 and 551, Florida Statutes, and allocated to the
Board pursuant to law.
I. "Authorized investments" shall mean any of the
following if and to the extent the same are at the time legal for
investment of municipal funds; (a) direct obligations of or obli-
gations guaranteed by the United States; (b) bonds, debentures or
notes issued by any of the following federal agencies: Bank for
Cooperatives; Federal Intermediate Credit Banks; Federal Home
Loan Bank System Export -Import Bank of Washington; Federal Land
Banks; or the Federal National Mortgage Association (including
Participation Certificates); (c) Public -Housing Bonds, Temporary
Notes, or Preliminary Loan Notes fully secured by contracts with
the United States; (d) full faith and credit obligations of any
State, provided that at the time of purchase such obligations
are rated in either _of the two highest rating categories by two
nationally recognized bond rating agencies; (e) corporate-deben
tures rated in the highest -'rating category by two nationally
recognized bond rating agencies; or (f) time deposits represented
by certificates of deposit_ftrlly secured .in the manner provided
by the laws of the State of Florida.
J.- "Fiscal year" shall mean the period commencing on
October 1 of.each year and ending on the succeeding September 30,.
or such other period as is at the time prescribed by law.
-2-
MAY . 61981_
BDO46 P-1kE 370
U
MAY19
4-
- BOOK .4 6
FACE 7i
SECTION 3.
FINDINGS. It is hereby found and determined
as follows:_
A. Itis. necessary and desirable to complete the
reconstruction,. alteration,_furnishing and equipping of existing
capital facilities -of the.County for -use as an Administration
Building,'Courthouse and Annexes (hereinafter referred to as
"Project"),, -in accordance with .the plans and specifications of
Connell Metcalf &Eddy, Coral Gables, Florida,:Architects, now on
file with the Clerk of the Board.
B. The County is authorized to pledge that portion of_
the Race Track.Funds and Jai Alai Fronton Funds accruing -annually -
to Indian River County under the provisions of Chapters 550 and
551, Florida Statutes, as allocated to the Board pursuant to law,
and the income from the investment of monies in the funds and
accounts hereinafter established to pay the principal of and
interest on -the Obligations to be issued as hereinafter set forth.
Said Race Track Funds and Jai Alai Fronton Funds are not pledged
or encumbered in any manner except to the payment of the prin-
cipal of and interest on the Prior Lien Obligations.
C. The estimated cost of completing such Project, as
above described, is the sum of Seven Hundred Twenty -Five Thousand
Dollars ($725,000). Such cost, in addition to the specific items
contained in the plans and specifications, may be deemed to in-
clude the acquisition of any land or interest therein, or of any
fixtures or equipment, or properties necessary or convenient
therefor; expenses for estimates of costs and of revenues; expen-
ses for plans, specifications and surveys; administrative expenses;
interest on the Obligations proposed to be issued prior to, during,
and for not exceeding one year following the completion of the
Project; establishment of reasonable reserves for debt service;
bond discount, if any; municipal bond insurance, if any; and such
other expenses as may be necessary or incidental for the financing
authorized by this Resolution, the undertaking of the Project,
and the placing of the same in operation.
-3-
F7
D. The principal of and interest on the Obligations to
be issued pursuant to this Resolution and all other payments pro-
vided for herein will be payable solely from the Race Track Funds
and Jai Alai Fronton Funds and the income from the investment of
monies in the funds and accounts hereinafter established in the
manner herein provided.
E. Neither the Board nor the County will be required to
levy taxes on any real property within the County to pay the
principal of and interest on the Obligations or to make any other
payments provided for herein. The Obligations issued pursuant to
this Resolution shall not constitute a lien upon any properties
of the Board or any properties of or in the County.
SECTION 4. RESOLUTION TO CONSTITUTE CONTRACT. In con-
sideration of the acceptance of the Obligations authorized to be
issued hereunder by those who shall hold the same from time to
time, this Resolution shall be deemed to be and shall constitute
a contract between the County and such Holders. The covenants
and agreements herein set forth to be performed by the County
shall be for the equal benefit, -protection and security of the
legal Holders of any and all of such Obligations and the coupons
attached thereto, all of which shall be of equal rank and without
preference, priority, or'distinction of any of the obligations -or
coupons over any other thereof, except as expressly provided
therein and herein.
SECTION 50 AUTHORIZATION OF OBLI.GATIONS.- Subject and
pursuant to the provisions of this Resolution, obligations of the
County to be known as "Capital Improvement Revenue Bonds, Series
.1981" herein sometimes_ referred_ to as "Oblig.at'ions," -are hereby
authorized to be issued in an aggregate principal amount not
exceeding Seven Hundred Twenty -Five Thousand Dollars ($725,000),
SECTION 6. DESCRIPTION OF OBLIGATIONS. The Obligations
-shall-be numbered consecutively -from one upward; _ shall be in the
denomination of $5,000 each.; shall be.dated; shall bear interest,
payable semi-annually, at such rate or rates not -exceeding the
MAY -61981
-4- BOOK A6 PAGE 372
EA
- _ BOOP( � P4, x�
MAY s �ga1
maximum legal rate allowable by law; and -shall mature on such. _
date in such years and amounts, all as shall be determined by
-subsequent resolution of the Board_ adopted on _ or prior to the
sale of -the Obligations. Such Obligations shall be issued in
coupon -form; shall be payable with -respect to both princi-pal and
interest ata place or places to -be determined by the Board prior
to -the delivery of the Obligations; shall be payable in lawful
money of the United. States of America; and shall bear interest
from their date,. payable'in accordance -with -and upon surrender of
the appurtenant interest coupons as they severally mature..
SECTION 7. EXECUTION OF OBLIGATIONS. ANll COUPONS. The
Obligations shall be executed in the name of the County_ by the
.-Chairman of the Board and countersigned and attested by its
Clerk, and its corporate seal or facsimile thereof shall be
affixed thereto or reproduced thereon. The facsimile signatures
of the Chairman or the Clerk may be imprinted or reproduced on
the Obligations, provided that at least one signature required to
be placed thereon shall be manually subscribed. In case any one
or more of the officers who shall have signed or sealed any of
the Obligations shall cease to be such officer of the Board
before the Obligations so signed and sealed shall have been
actually sold and delivered, such Obligations may nevertheless be
sold and delivered as herein provided and may be issued as if the
person who signed or sealed, such Obligations had not ceased to
hold such office. Any Obligation may be signed and sealed on
behalf of the County by such person who at the actual time of the
execution of such Obligations shall hold the proper office in the
County, although at the date of such Obligations such person may
not have held such office or may not have been so authorized.
The coupons attached to the Obligations shall be authen-
ticated with the facsimile signature of any present or future
Chairman of the Board, and the validation certificate on said
Obligations shall be executed with the facsimile signature of said
Chairman. The Board may adopt and use for such purposes the fac-
75
simile signature of any person wh-o, shall have been such Chairman
at any time on or after the date of the Obligations, not-
withstanding that he may have ceased to be such officer at the
time such Obligations shall be actually sold and delivered.
SECTION 8. NEGOTIABILITY AND REGISTRATION. The
Obligations issued hereunder shall be and shall have all of the
qualities and incidents of negotiable instruments under the law
merchant and the laws of the State of Florida, and each suc-
cessive
uc-cessive Holder, in accepting any of said Obligations or the
coupons appertaining thereto, shall be conclusively deemed to
have agreed that such Obligations shall be and shall have all of
the qualities and incidents of negotiable instruments under the
law merchant and the laws of the State of Florida.
The Obligations may be registered at the option of the
EA
Holder as to principal only at the office of the Clerk of the
Board, as Registrar, or with such other registrar as may be sub-
sequently designated by such Board, such registration to be noted
on the back of the Obligations in the space provided therefor.
After such registration as to principal only, no transfer -of the
Obligations shall be valid unless made at said office by the
written assignment of the registered owner, or by his duly
authorized attorney in a form satisfactory to the Registrar, and
similarly noted on the Obligations, but the Obligations may be
discharged from registration by being in like manner transferred
to bearer and thereupon transferability by delivery shall be
restored. At the option of the Holder, the Obligations.may-
thereafter again from time to time be registered or transferred
_
to bearer as before. ' Such registration as to principal only
shall not affect the negotiability bf the coupons which shall
continue to pass by delivery.
,.SECTION 9. OBLIGATIONS MUTILATED, DESTROYED, STOLEN OR -
LOST. In case any Obligation shall become mutilated; or be
destroyed, stolen or lost, the County may, in its discretion,-
issue
iscretion,-issue and deliver a new Obligation with all unmatured coupons
374
BOOK PAE375
MAY 61981- _
a ttached_of like tenor as the Obligation and attached coupons, if
a ny, so mutilated, destroyed, stolen or lost, in exchange and
substitution --for such mutilated Obligation, upon surrender and
cancellation of -such mutilated Obligation -and attached coupons,,
if any, or_.in _l -ie -u of and substitution for the.Obligation and
attached -coupons, --if any, destroyed, stolen or lost, and upon the
Holder furnishing the County proof of his ownership thereof and -
satisfactory indemnity and -complying with such other reasonable
regulations and conditions as the County may prescribe and paying
such expenses as the -County may incur. All Obligations and
coupons so -surrendered shall be cancelled by the Clerk of the
Board. If any such Obligations or coupons shall have matured or
be about to mature, instead of issuing a substitute Obligation or
coupon, the County may pay the same, upon being indemnified as
aforesaid and if such Obligation or coupon be lost, stolen or
destroyed, without surrender thereof.
Any such duplicate Obligations and coupons issued pur-
suant to this section shall constitute original, additional,
contractual obligations on the part of the County whether or not
the lost, stolen or. destroyed Obligations or coupons be at any
time found by anyone, and such duplicate Obligations and coupons
shall be entitled to equal and proportionate benefits and rights
as to lien on and source and security for payment from the funds,
as hereinafter pledged, to the same extent as all other
Obligations and coupons issued hereunder.
SECTION 10. PROVISION FOR REDEMPTION. The Obligations
of any maturity may be made subject to redemption prior to their
specified date of maturity, at the option of the County, at such
prices and under such terms and conditions as shall be fixed by
resolution or resolutions of the County adopted at or prior to
the sale thereof.
Notice of such redemption (i) shall be published at
least thirty -(30) days prior to the redemption date in a finan-
cial journal published in the Borough of Manhattan, City and
n
State of New York, (ii) shall be filed with the paying agents for
said Obligations, and (iii) shall be mailed, postage prepaid, to
all registered owners of Obligations to be redeemed at their
addresses as they appear on the registration books hereinabove
provided for. Interest shall cease to accrue on any Obligations
duly called for prior redemption on the redemption date, if
payment thereof has been duly provided for.
SECTION 11. FORM OF OBLIGATIONS AND COUPONS. The text
of the Obligations, the interest coupons and the certificate of
validation to appear thereon shall be in substantially the
following form, with such omissions, insertions and variations as
may be necessary and desirable and authorized or permitted by
this Resolution or in any subsequent resolution adopted prior to
the issuance thereof:
MAY 61981
MAY 6
19 1 - - _ goo -6 PuA77
No. _ $5,000
UNITED STATES OF AMERICA
STATE OF FLORIDA
INDIAN RIVER COUNTY
-CAPITAL 'IMPROVEMENT REVENUE BOND, SERIES. 1981 _
KNOW ALL MEN --BY THESE PRESENTS, .that Indian:River County,
Florida (hereinafter referred to as "County"), for value received
hereby_promises to pay to the bearer, or if this bond be regis=
tered, to the registered holder as herein.provided, on the first
day of , 19- , sole1from the special -funds hereinafter
mentioned, the -principal sum -of
FIVE THOUSAND DOLLARS
and to pay interest thereon from .the date of this -bond until
payment of such principal sum at the rate of
per centum ( A) per annum, payable semi-annually on the first
day of and the first day of- of each year upon the
presentation -and surrender of the annexed coupons as they
severally fall due. -Both principal of and interest on this bond
are payable at ,
in lawful money of the United States of America.
This bond is one of an authorized issue of .bonds, in an
aggregate principal amount not exceeding Seven Hundred Twenty -Five
Thousand Dollars ($725,000), of like date, tenor and effect
except as to number, interest rate (if all bonds do not bear the
same rate), and date of maturity, issued to finance the cost of
completing the reconstruction, alteration, furnishing and
equipping of an Administration Building, Courthouse and Annexes
in the County, under the authority of and in full compliance with
the Constitution and Statutes of the State of Florida, including
particularly Chapter 125, Florida Statutes, County Ordinance No.
77-19, enacted August 3, 1977, and effective August 9, 1977, as
amended, and other applicable provisions of law, and a�resolution
duly adopted by the Board of County Commissioners of such County
(the "Board") on the day of , 1981, as
supplemented (hereinafter collectively called "Resolution"), and
M
is subject to all the terms and conditions of such Resolution.
This bond and the coupons appertaining thereto are
payable solely from and secured by a lien upon and a pledge of
that portion of the Race Track Funds and Jai Alai Fronton Funds
accruing annually to the County under the provisions of Chapters
550 and 551, Florida Statutes, and allocated to the Board pur-
suant to law and the income from the investment of monies held in
the funds and accounts established by the Resolution. This bond
does not constitute an indebtedness of the Board or of the County
within the meaning of any constitutional, statutory or charter
provision or limitation.
The lien of the holders of the bonds of this issue on
said Race Track Funds and Jai Alai Fronton Funds is junior and
subordinate to the lien thereon of the holders of the outstanding
Capital Improvement Revenue Bonds, Series 1980, dated April 1,
1980.
It is expressly agreed by the holder of this bond that
such holder shall never have the right to require or compel the
levy of ad valorem taxes for the payment of the principal of and
interest on this bond or for the making of any -sinking fund,
reserve or other. payments provided for in the Resolution. This
bond and the indebtedness evidenced thereby shall not constitute
a lien upon any property of the -Board or upon any property of or
in the County but shall constitute a lien only upon the portion
of the Race Track Funds and Jai Alai Fronton Funds accruing -
annually to the County and the income from -investments in the
funds and accounts established by the Resolution in the manner
above recited.
It is hereby certified and recited that all acts, con-
ditions and things required to exist, to -happen and to be per-
formed precedent,to and in the issuance of this bond exist, have
happened and have been performed in regular and due form and time
-as required by the Statute.s and Constitution of the State of
Florida applicable thereto, and that the issuance of this bond
-10- c�
61981 BOOK( - .PAGE 3 ( *�Q O
-BOOK 46 PA7.379
MAY
and of the -issue of bonds of which this bond is one does not
violate ,any constitutional or statutory limitation; further, that
the issuance of this Bond, and of the issue of Bonds of which-
this
hich-this Bond -is -one, has been approved under the -provisions' of
Chapter 80-98, Laws of- Florida, Acts of - 19.80.
This -bond and the coupons appertaining thereto are and
have all the qualities and incidents of a negotiable instrument
under the law merchant and the .laws of the State of Florida. -
(-Insert Redemption Provisions) -
Notice of such redemption shall be given in the manner
required by_the Resolution. _
This bond may be registered as to principal only in
accordance with -the provisions endorsed hereon.
IN WITNESS WHEREOF, Indian River County, Florida, has
issued this bond and has caused the same to be executed by the
Chairman of its Board of County Commissioners and attested and
countersigned by the Clerk of such Board, either manually or with
their facsimile signatures, and its corporate seal or a facsimile
thereof, to be affixed, impressed, imprinted, lithographed or
reproduced hereon, and has caused the interest coupons hereto
attached to be executed with the facsimile signature of said
Chairman, all as of the first day of , 190
INDIAN RIVER COUNTY, FLORIDA
ATTESTED AND COUNTERSIGNED:
Clerk, Board of County
Commissioners
15
By:
Chairman, Board of County
Commissioners
M + M M
No.
FORM OF COUPON
Unless the bond to which this coupon is attached is
callable and has been duly called for prior redemption and provi-
sion duly made for the payment thereof, on the first day of
, 19 , Indian River County, Florida, promises to
pay to bearer at
from the funds described in the bond to which this coupon is
attached, the amount shown hereon, in lawful money of the United
States of America, upon presentation and surrender of this coupon,
being six months' interest then due upon its Capital Improvement
Revenue Bond, Series 1981, dated 1, 19 , numbered
Chairman, Board of County Com-
missioners, Indian River County,
( SEAL) Florida
FORM OF VALIDATION CERTIFICATE
This bond is one of a series of bonds which were vali-
dated and confirmed by judgment of the Circuit Court for Indian
River County, Florida, rendered.on ,
19—.
.Chairman, Board of County Com-
missioners, Indian River County,
Florida
REGISTRATION PROVISION
This bond may be registered as to principal only -in the
name of the Holder on -the books to be kept by .the Clerk of- the
Board of County Commissioners of Indian River County, Florida, as
Registrar-, or such other Registrar as may be subsequently
designated by such Board, such registration.being noted hereon by
such Registrar in the registration blank below, -after which no
transfer shall be valid -unless made by the registered -holder, or
his attorney duly authorized, and noted on said books and in the
registration -blank below, but it may be discharged from registra-
r MAY 6 1991 _12-
-
U%
- BOOK -
MAY 61981 -
tion by being transferred to bearer after which -it shall be
transferable by .delivery, but it may be again registered as
before: Such registration shall not restrain the negotiability
of the coupons by delivery.
DATE OF` - IN -WHOSE NAME SIGNATURE OF
REGISTRATION REGISTERED REGISTRAR
.M
EA
SECTION 12. SECURITY FOR OBLIGATIONS. The principal of
and interest on the Obligations shall,..be secured forthwith
equally and ratably by a lien upon and a`pledge of all of the
portion of Race Track Funds and Jai Alai Fronton Funds, as
defined herein, accruing annually to the County under the provi-
sions of Chapters 550 and 551, Florida Statutes, and allocated to
the Board pursuant to law and the income from the investment of
monies held in the various funds and accounts hereinafter
established in Section 14 hereof. The County hereby irrevocably
pledges such funds to.the payment of the principal of and
interest on the Obligations issued hereunder.
The lien of the bonds issued hereunder on said Race
Track Funds is junior and subordinate to the lien thereon of the
outstanding Prior Lien Obligations.
SECTION 13. OBLIGATIONS NOT DEBT OF BOARD OR COUNTY.
Neither the Obligations nor coupons shall be or constitute
general obligations or indebtedness of the Board or of the
County within the meaning of any constitutional or statutory
limitation of indebtedness, but shall be payable solely from and
secured by a first lien upon and a pledge of that portion of -the
Race Track Funds and Jai -Alai Fronton Funds accruing annually to
the County under the provisions of Chapters 550 and 551, Florida
Statutes, and allocated to the Board pursuant to law and the
income from the investment of monies held in the various -funds
and accounts hereinafter established in Section 14 hereof. No
holder or holders ofany Obligations issued hereunder -or of any
coupons appertaining thereto -shall ever have the right to -compel
the levy of ad valorem taxes to pay the Obligations or interest
thereon -or for the making of any other payments provided for in
this Resolution. -
SECTION,14. COVENANTS OF THE COUNTY. For as long as
any of the -principal of and interest on any of -the Obligations -
-shall be outstanding and.unpai-d or until there -shall have been
set apart in -the Sinking Fund, herein established, including the
-14-
IWAY 619901 PP". J
..'SOON 4 6
Reserve Account therein, a sum sufficient to pay when due the
entire principal of the Obligations remaining unpaid, together
with -interest accrued or to accrue thereon,- the County covenants
with the holders of any and all Obligations as follows:
A. SINKING FUND. Promptly .af ter issuance of any of the
Obligations the County, in -each Fiscal Year, after making all
Payments required by the resolution which authorized the Prior
Lien Obligations,.will-deposit all. of the remaining Race Track
Funds and Jai Alai Fronton Funds and other surplus -moneys not
needed for said Prior Lien.Obligations into a special fund which
is hereby -created and -designated "Indian River County Capital
Improvement Revenue Bonds, Series 1981, Sinking Fund"
(hereinafter referred' to as the "Sinking Fund").
B. DISPOSITION OF RACE TRACK FUNDS. All Race Track
Funds and Jai Alai Fronton Funds at any time.remaining on deposit
in the Sinking Fund shall be disposed of commencing with the
Fiscal Year 1980-1981, only in the following manner and in the
following order of priority:
(1)- Moneys on deposit in the Sinking Fund shall first
be used to pay all interest becoming due and payable on the
Obligations during the current Fiscal Year and the principal
amount of Obligations which will become due and payable on the
next principal maturity date.
(2) Moneys remaining in the Sinking Fund shall next be
applied by the County to maintain a Reserve Account in said
Sinking Fund, which Reserve Account is hereby created and
established, in an amount equal to the maximum amount of prin-
cipal and interest which will mature and come due on the
Obligations in any ensuing Fiscal Year, which such sum shall be
initially provided from the proceeds of the sale of the Obliga-
tions. No further payments shall be made into such Reserve
Account when there has been deposited therein and as long as
there shall remain on deposit therein a sum equal to the maximum
amount of principal and interest which will mature and come due
on the Obligations in any ensuing Fiscal Year.
Any withdrawals from the Reserve Account shall be sub-
sequently restored from the first moneys available in the Sinking
Fund after all required current payments into the Sinking Fund,
including all deficiencies for prior payments, have been made in
full.
Moneys in the Reserve Account shall be used only for the
purpose of the payment of maturing principal of or interest on
the Obligations when the moneys in the Sinking Fund are insuf-
ficient therefor, and for no other purpose.
The County shall not be required to make any further
payments into the Sinking Fund or into the Reserve Account when
(i) the aggregate amount of moneys in such Sinking Fund and the
Reserve Account therein are at least equal to the aggregate prin-
cipal amount of Obligations then outstanding, plus the amount of
interest then due or thereafter to become due on such Obligations
then outstanding or (ii) the County shall have made provision for
payment of the Obligations as provided in Section 17 of this
Resolution.
(3) The balance of any moneys remaining_in the Sinking
Fund after the above required current payments have been made
shall be considered surplus funds and shall be deposited by the
County into a special account to be known as the "Surplus Race
Track Funds Account" (here inafter. called the "Surplus Account").
The moneys on deposit in said Surplus Account shall -first be
used, prior to'any interest or principal payment date,.to imple-
ment the Sinking Fund and the Reserve -Account to the extent of
any deficiencies therein. Thereafter in each Fiscal Year-, on the -
principal maturity date -of the Obligations; -any moneys remaining
on deposit- in said.Surplus Account shall be used for the purchase
--of Obligations'of any maturity at not exceeding the redemption
price of the.Obligations on the next succeeding redemption date
and, commencing on. -the first date on which the Obligations become
redeemable, for the redemption of Obligations. in the manner- pro -
vi - ded
ro-vided in Section 10 hereof; provided, however, that no such =
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MAY 61981
Box 46 PAGE, ., -
MAY
BOOK F:4iFS
purchase or redemption of Obligations shall be made unless there
is -on deposit .in said .Surplus Account sufficient moneys to purchase
or redeem at least $5,000 principal amount of Obligations.
- The purchase or=redemption_price, including redemption
premium, if any, of Obligations so purchased.or-redeemed shall be
paid from the Surplus -Account and the interest accrued to -the
.date of such purchase or the date fixed for -redemption shall be
paid from the --Sinking_Fund.
Until such time as the Obligations become redeemable, in
each Fiscal Year,.not- less than thirty (30) days prior_to.the
principal maturity date occurring in such Fiscal Year, the County
shall publish, in a financial newspaper or journal published in
the City of New York, New --York, a.notice of call.for tenders of
Obligations, in an amount at -least -equal to the amount then
available in said Surplus Account sufficient to purchase the
same. Commencing with the first Fiscal Year in which the Obliga-
tions are redeemable, and in each Fiscal Year thereafter, the
County shall,. call for redemption, in the manner provided in
Section 10 hereof, on the principal'maturity date occurring in
such Fiscal Year; such principal amount of Obligations at least
equal to the amount then available in said Surplus Account suf-
ficient
uf-
ficient to redeem the same.
(4) The Sinking Fund, and the Reserve Account therein,
the Surplus Account, and any other special funds or accounts
herein established and created shall constitute trust funds for
the purposes provided herein for such funds. All such funds
shall be continuously secured in the same manner as state and
municipal deposits are required to be secured by the laws of the
State of Florida. Moneys on deposit in the Sinking Fund and in
the Surplus Account may be invested and reinvested in Authorized
Investments. Moneys on deposit in the Reserve Account in the
Sinking Fund shall be invested only in direct obligations of the
United States of America.
Investments made with moneys in the Sinking Fund and in
-17-
E2
the Surplus Account must mature not later than the date that such
moneys will be needed but in no event later than one year from
the date of purchase. Investments made with moneys in the
Reserve Account must mature not later than the final maturity of
any Obligations then outstanding. Any and all income received by
the County from all such investments shall upon receipt thereof
be deposited into the Sinking Fund and used only for the payment
of principal and interest on the Obligations and for the Reserve
Account, and thereafter shall be deposited into the Surplus
Account and used for the purchase or redemption of Obligations.
The cash required to be accounted for in each of the
foregoing funds and accounts established herein may be deposited
in a single bank account, and funds allocated to the various
accounts established herein may be invested in a common invest-
ment pool, provided that adequate accounting records are main-
tained to reflect and control the restricted allocation of the
cash on deposit therein and such investments for the various pur-
poses of such funds and accounts as herein provided.
The designation and establishment of the various funds
in and by this Instrument shall not be construed to require the
establishment of any completely independent, self -balancing funds
as such term is commonly defined and used in governmental
accounting, but rather is intended solely to constitute an ear-
marking of certain moneys -and assets of the County for certain
purposes and to establish -certain priorities -for application of
such moneys -and assets as herein provided.
C. ADDITIONAL OBLIGATIONS. The County hereby covenants
and agrees not to incur any other obligations or -indebtedness-,
except refunding -obligations, payable from the. same -sources as
the payments hereinbefore -specified -to be made into the Sinking
- Fund and Reserve Account, unless such obligations contain an
express statement that such obligations are junior and subor-
dinate in all respects to the Obligations herein authori-zed and
-the Prior Lien Obligations as to lien -on and source and security
-18-
MAY 61981
4 6.
112
MAT
BOOK _ dL� 387
M
.for payment -from -the Race Track Funds and Jai Alai Fronton Funds,
as defined herein, and investment income.
D_. REMEDIES. Any Holder of Obligations, or of any
coupons appertaining -thereto, issued under the provisions of this
Resolution,.may either -at law or in equity, by suit, action, man-
damus -or other proceedings in any Court sof competent jurisdic-
t -ion, protect and enforce any and all rights under the laws of
the State of Florida or. -granted -and contained in the Act and -in
this Resolution, and may enforce and compel the payment of all
sums and the performance of all duties required by this - - -
Resolution or by any applicable statutes to be performed by the
County, or by -any officer thereof, including but not being
limited to, the application and distribution of the Race Track
Funds and Jai Alai Fronton Funds in the manner provided in this
Resolution.
E. BOOKS AND RECORDS.- The County shall keep books and
records of the receipt of all Race Track Funds and Jai Alai
Fronton Funds received by it, including particularly the Race
Track Funds and Jai Alai Fronton Funds pledged hereunder, which
such books and records shall be kept separate and apart from all
other books, records and accounts of the Issuer and any Holder of
an Obligation or Obligations shall have the right at all reasonable
times to inspect all records, accounts and data of the County
relating thereto.
F. ANNUAL AUDIT. The County shall also, at least once
a year, within 60 days after the close of the Fiscal Year, cause
the books, records and accounts relating to such Race Track Funds
and Jai Alai Fronton Funds to be properly audited by the State
Auditor or by an independent Certified Public Accountant and
shall mail, upon request, and make generally available, the
report of such audits to any Holder or Holders of Obligations. A
COPY of such annual audit shall also be furnished to the original
purchasers of the Obligations.
G. NO IMPAIRMENT OF CONTRACT. The County has full
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power and authority -to irrevocably pledge the portion of Race
Track Funds and Jai Alai Fronton Funds hereinabove described to
the payment of the principal of and interest on the Obligations.
The pledge of such Race Track Funds and Jai Alai Fronton Funds,
in the manner provided herein, shall not be subject to repeal,
modification or impairment by any subsequent resolution or other
proceedings of the County or by any subsequent act of the
Legislature of Florida without and unless such Issuer shall have
provided, or the Legislature shall have made immediately
available to the County, such additional or supplemental funds
which shall be sufficient to retire such Obligations and the
interest thereon in accordance with their terms. The County
shall take all actions and pursue such legal remedies which may
be available to it either in law or in equity to prevent or cure
any default or impairment as within the meaning of this subsec-
tion G.
H. ARBITRAGE. The County does hereby further covenant
that no use will be made of the proceeds of the Obligations which
would cause the Obligations to be "arbitrage bonds" within the
meaning of Section 103(c) of the Internal Revenue Code of 1954,
as amended, and the applicable regulations thereunder. The
County, at all times while such Obligations and the interest
thereon are outstanding, including -refundings thereof, will
comply with the requirements of said Section 103(c) and with the
valid and applicable rules and regulations of the Internal.
Revenue Service thereunder.
I. PRIOR LIEN OBLIGATIONS RESERVE ACCOUNT. Subject to
the rights of the -holders of the Prior Lien Obli-gations,. the
County.:agrees_that no further payments will be made by it.into
the Reserve Account maintained for the Prier --Lien Obligations
when -there-has-been deposited into said Reserve Account and as
long
as -there shall remain on deposit therein an.amount equal to -
the maximum bond service requirement -(as such term is defined in
the resolution whi-ch authorized said Prior Lien Obligations) -on
MAY 61981. -
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.-BOOK 46. PAAS8
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E5
- MAY
�� . -
_ goo - ,.FArf..389.
said
Prior Lien Obligations.
SECTION. 15. --CONSTRUCTION TRUST FUND.. All of the pro-
ceeds derived from the sale of the Obligations (except (i) an
amount--egual to accrued interest to be deposited in the Bond
Service Fund; and (ii) -an amount -equal to the maximum amount of
Principal and interest which will mature and become due on the
Obligations in any ensuing- Fiscal.Year-to be deposited in the
Reserve, Account) shall be deposited in a trust fund which is
hereby created, -established and designated as the "Construction --
Trust Fund."* Such Construction Trust Fund shall be deposited and
maintained -with any -banking institution in the State of Florida
approved as'a County depository and subsequently designated by
the County. The .moneys therein shall be used only for the
payment of the cost of the Project as hereinabove defined, but,.
pending such application, may be invested in Authorized
Investments maturing at such time -or times as necessary to meet
the requirements of the Construction Trust Fund, the .income from
such investments to -remain in said Construction Trust Fund. Any
.balance of -unexpended moneys in the Construction Trust Fund after
completion of such Project shall be deposited in the Sinking Fund
hereinbefore established.
SECTION 16. RIGHTS OF THE OBLIGATION HOLDERS. The
Holders of the Obligations shall have no responsibility for the
application and use of the proceeds received from the sale
thereof and the application and use of such proceeds by the
County shall in no way affect the rights of the Obligation
Holders. The County shall be irrevocably obligated, upon receipt
thereof, to use the Race Track Funds and Jai Alai Fronton Funds
Pledged hereunder to pay the principal of and interest on the
Obligations and to make all reserve and other payments provided
for herein, notwithstanding any failure of the County to apply
such Obligation proceeds in the manner provided herein.
SECTION 17. DEFEASANCE. If, at any time, the County
shall have paid, or shall have made provision for payment of, the
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principal, interest and redemption premiums, if any, with respect
to the Obligations, then, and in 'that event, the pledge of and
lien on the Race Track Funds and Jai'Alai Fronton Funds in favor
of the Holders of the Obligations shall be no longer in effect.
For purposes of the preceding sentence, deposit of Federal
Securities or bank certificates of deposit fully secured as to
principal and interest by Federal Securities (or deposit of any
other securities or investments which may be authorized by law
from time to time and sufficient under such law to effect such a
defeasance) in irrevocable trust with a banking institution or
trust company, for the sole benefit of the Holders of such
Obligations, in an amount such that the principal of and interest
on such securities or certificates will be sufficient to pay when
due the principal, interest, and redemption premiums, if any, on
the outstanding Obligations, shall be considered "provision for
payment". Nothing herein shall be deemed to require the County
to call any of the outstanding Obligations for redemption prior
to maturity pursuant to any applicable optional redemption provi-
sions, or to impair the discretion of the County in determining
whether to exercise any such option for early redemption. -
SECTION 18. SALE OF OBLIGATIONS. The Obligations shall
be sold and issued in such manner and at such price or prices
consistent with the provisions of the Act and this Resolution as
shall be determined by subsequent resolution of the County
adopted prior to such sale and issuance. -
SECTION 19. VALIDATION AUTHORIZED. The.Attorney for
the County be, and he is, hereby authorized and directed -to -
institute proceedings in the Circuit Court for -.Iridian River
_County, Florida, for the validation of said -Obligations, and the
proper officers of the County are hereby -authorized to verify on
behalf of the County any pleadings in such proceedings.
SECTION 20. MODIFICATION OR AMENDMENT. .No material
modification or amendment of this Resolution or of any resolution.
amendatory hereof or -supplemental hereto, may -be made without the.
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MAY 61991
A6. PAG F.390
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consent in -writing of the Holders of sixty-six and two-thirds per -
centum (66 2/3%) or more in principal amount of the Obligations
then -outstanding; -provided, however, that no modification or
amendment shall.permit_a change in the maturity of. -succi
Obligations or a reduction in the rate of interest thereon or in
_the amount of the principal Obligation thereof or affecting the
unconditional promise of the County to collect such portion of
the :Race Track Funds and Jai.:Alai Fronton Funds as herein pro-
vided, or to .pay the. principal.of and interest on the Obligations
as the same shall -become due from -such Race Track Funds And -Jai
Alai Fronton Funds, or reduce such percentage of Holders of such
Obligations, -required above,,for such -modifications or amend-
ments.; without the consent of the Holders of all of such
Obligations; provided further, however, that no modification or
amendment of this Resolution or of any resolution amendatory
hereof or supplemental hereto may be made which shall allow or
permit any acceleration of the payment of principal of or
interest on the Obligations upon any default in the payment
thereof, whether or not the Holders of the Obligations consent
thereto.
SECTION 21. SEVERABILITY. If any one or more of the
covenants, agreements or provisions of this Resolution shall be
held contrary to any express provision of law or contrary to the
policy of express law, though not expressly prohibited, or
against public policy, or shall for any reason whatsoever be held
invalid, then such covenants, agreements or provisions shall be
null and void and shall be deemed separate from the remaining
covenants, agreements or provisions, and in no way affect the
validity of all the other provisions of this Resolution or of the
Obligations or coupons issued thereunder.
SECTION 22. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
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PUBLIC HEARING — COMMUNITY DEVELOPMENT PROGRAM GRANT APPLICATION
THE HOUR OF 5:01 O'CLOC.K P.M. HAVING PASSED, THE DEPUTY
CLERK READ THE FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED,
TO -WIT:
VERO BEACH PRESS-JOURNAL-
Published
RESS-JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
Before the undersigned authority personally appeared J. 1, Schumann, Jr, who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Vero Beachin
'Indian River County, Florida; that the attached copy of advertisement, being
a ���ifi�GE
t
in the matter of
in the Court, was pub-
lished in said newspaper in the issues of Zf .. 1,E091
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in sail 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 before me thi �2_ d y of_ A.D,
(By mess Manager)
(Clerk of the Circuit Court, Ind n Iver County, Florida)
(SEAL)
EA
PUBLIC HEARING NOTICE
Notice is hereby given that the County
Commission of Indian River County will hold a
public hearing on May 6, 1981 at 10:00 a.m. and
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 file an Application for funding under
the Small Cities Program of the Housing B
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
Application;
(3) Obtaining the views of the citizenry
regarding community needs and priorities and
receiving public input 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
blight, 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 Application to be submitted to the
Department of Housing & Urban Development
(DHUD) by June 1, 1981.
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: Patrick B. Lyons,
Chairman,
Apr. 21, 28, 1981.
COMMUNITY DEVELOPMENT DIRECTOR ED REGAN EXPLAINED THAT
THIS SECOND HEARING IN REGARD TO THE COMMUNITY DEVELOPMENT BLOCK IS
HELD IN THE LATER AFTERNOON TO GIVE THE WORKING PUBLIC A -CHANCE TO
SUPPLY INPUT.- MR. REGAN REPORTED THAT THE STATEMENT FOR PUBLIC
INFORMATION HAS BEEN MADE`AVAILABLE FOR MEMBERS OF THE-PUBLI-CTO -
VIEW AND PROCEEDED TO REVIEW THE STATEMENT, WHICH -IS. -AS FOLLOWS:
MAY 6 1991.
91 _o� 46PAGF=)�i>�
E5
MAY
r
61991
STATEMENT FOR PUBLIC INFORMATION
- BOOK
46- NAGE:393-
The County Commission of the County -of Indian River has author-
ized the preparation of an application for -Fiscal Year 1981 funding -
Linder the Community.Development Act of 1974 and 1978, as amended.
This is -a public hearing.to be held prior to submission of the -
application -to HUD on June 1, 1981, to obtain citizen opinion and -
-input regarding.the community development needs, their priorities
-and allocation of future funding to -address these needs. The Indian
River Board of. -County Commissioners must approve_ and authori_ze.the
submission_ of the_ applicati.on -to HUD. -
The County has received a -total of $6.53,000 of CDBG funds for
the three program years. Those grants have been successfully com=.
pleted and closed out. This application will cover.a one-year
period of funding cycle with Small Cities--funds:--Fiscal Year 1981
amounting -to $31-5 , 000. -
Depending upon forthcoming -regulations or administrative deci-
sions at the HUD level, the amount of funds applied for may vary -
'from those presently anticipated.
Applications under the Small Cities Program were competitive
with other communities throughout the State, and we have been invited
to submit an alternate application for funding. Submission of an_
application for these funds is no guarantee that the*County's*pro-
gram will be funded. Further, approval of the application notwith-
standing„ subsequent funding -is dependent upon satisfactory perform-
ance.
Activities eligible to be conducted under a Community Develop-
ment Program include; but are not specifically limited to, the
following range of activities:
1. Acquisition
2. Neighborhood facilities
3. Public facilities and improvements, such as solid waste
disposal, fire equipment, public utilities improvement,
street paving, lighting and drainage, with certain
restrictions
4. Provision of public services
5. Interim assistance, including emergency housing repair
6. Removal of architectural barriers to the elderly and
handicapped
7. Housing rehabilitation
8. Code enforcement
9. Economic development activities
10. Planning and program administration
11. Historic preservation
12. Various types of housing assistance
During the past three program years, the County has undertaken
or programmed the following types of activities with CDBG funds:
public improvements, such as street paving and drainage; recreation
improvements; housing rehabilitation.
These CD applications are developed by the CD and Planning
staffs, reflecting regular meetings with the Community Development
Advisory Committee, correspondence with other agencies, civic groups
and individuals, etc., on a continuing basis throughout the program
year, in addition to the two public hearings for citizen information
and input. The Community Development Advisory Committee recommends
the program activities based upon citizen input and staff recommenda-
tions, with final approval the responsibility of the County Commission.
The application for Small Cities funds will be sent to HUD by June 1,
1981.
s
�r
U
In accordance with HUD requirements, a status report has been
prepared. This report describes the progress of the CD program
through November, 1980, was included as part of the pre -application
and is available for public inspection in the Community Development
Department at 800 - 20th Place, #3, Vero Beach, Florida, 32960.
The Department has also updated its Citizen Participation Plan
in accordance with the new regulations.
MR. REGAN INFORMED THE BOARD THAT THE ADVISORY COMMITTEE
RECOMMENDS THIS PROGRAM AND ITS ACTIVITIES. HE INTRODUCED LINDA
LASTER, THEIR CONSULTANT RE THE HOUSING ASSISTANCE PLAN, WHO WAS
AVAILABLE TO PROVIDE ANY FURTHER INFORMATION THE BOARD MIGHT DESIRE.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD,
THERE WERE NONE.
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
MR. REGAN NOTED THAT THE FINAL APPLICATION WILL BE BROUGHT
BEFORE THE BOARD FOR APPROVAL ON MAY 20TH, AND IT SHOULD BE SUBMIT-
TED NO LATER THAN .JUNE 1ST.
PRELIMINARY PLAT APPROVAL - M. C. C. SUBDIVISION AND DIXIE COMMERCIAL
SUBDIVISION
ADMINISTRATOR NELSON STATED THAT HE WOULD LIKE TO TAKE
M. C. C. SUBDIVISION AND DIXIE COMMERCIAL PARK SUBDIVISIONS TOGETHER,
BECAUSE THEY ARE ALMOST -IDENTICAL INTERCONNECTING SUBDIVISIONS OF A
COMMERCIAL NATURE AS SET OUT IN THE -FOLLOWING MEMOS:
MAY 6 199 - 93 -
.. _ -PAGF394- -
MAY 61991- -
gab -A`.95
TO: The Honorable Members of DATE: April 22, 1981 FILE:
the -Board of County Commissioners
FROM: Nei 1. A. Nelson,
County Administrator
SUBJECT: Requ-est for Preliminary Plat -
Approval - M.C.C: Subdivision -
Approximately -.8.55 Acres containing'
-14_Lots Zoned Commercial (C1A)
Location -- East of Dixie Highway,
South of 4th Street- - -
REFERENCES:
DESCRIPTION AND CONDITIONS '
The subject preliminary plat application was reviewed by the -Technical Review
Committee.on April 7:-1981. The developers (Clifford Reuter, Michael Grivas,
and Charles Davis) have coordinated design of the drainage system proposed
for this site with the design of the drainage system to serve the area to the
north.which is being subdivided at .this time -by William H. Hensick under the
name of Dixie Commercial Park Subdivision. As a result of the interconnecting
nature of these two_developments,- the T.R.C. reviewed the -two subdivisions
simultaneously.
ANALYSIS AND ALTERNATIVES
The Technical Review Committee, the County Engineer, and the County Attorney's
Office agree that prior to beginning construction of any improvements for M.C.C.
Subdivision, deeds should be provided dedicating to the County the easements
,through Dixie Commercial Park Subdivision and thru the property to the north
to connect with the 4th Street drainage system. Although site development within
each lot of each subdivision will -require a separate site drainage plan to dispose
-of the runoff from a 25 year storm, the overflow to. be directed to the swales
- would have to be accounted for in these easements. We have notified the developer-
that
eveloperthat his dedication is requested.
Furthermore, the developer has complied with T.R:C. recommendations including
providing rear lot buffer zones, swales.on Dixie Highway, and increased cul-
de-sac radius.
RECOMMENDATIONS AND FUNDING
Preliminary plat approval is recommended for M.C.C. Subdivision subject to
dedication to the County of all easements located between the subject property
and the 4th Street right-of-way as -proposed to convey drainage.
This item has no funding consideration to be addressed at this time.
TO: The Honorable Members of DATE: April 22, 1981 FILE:
the Board of County Commissioners
FROM: Neil A. Nelson,
County Administrator
SUBJECT: Request for Preliminary Plat
Approval, Dixie 'Commercial Park
Subdivision, Approximately 8.55
Acres Containing 14 Lots Zoned
Commercial (C1A), Location: East
of Dixie Highway south of 4th Street
REFERENCES:
DESCRIPTION AND CONDITIONS
The subject preliminary plat application was reviewed by the Technical -Review
Committee on April 7, 1981. The developer, William H. Hensick, has coordinated
design of the drainage system proposed for this site with the design of th_e
existing drainage system to serve the area to the north which is currently
developed. The owner of the property to the north has verbally agreed to grant
the easements.
ANALYSIS AND ALTERNATIVES
The Technical Review Committee, the County Engineer, and the County Attorney's
Office agree that prior to beginning construction of any improvements for Dixie
Commercial Subdivision, deeds should be provided dedicating to the County the
easements through -the property to the north to connect with the 4th Street _
drainage system._ Although site development within each lot of this subdivision
will require a separate site drainage plan to dispose of the runoff from a 25 -
year storm, the overflow to be directed to the swales would have to be accounted_
for in_these easements. We have notified the developer that this dedication is
requested. _ -
Furthermore, the developer has complied with T.R.C. recommendations including
providing rear lot buffer zones, swales on Dixie Highway, and increased -cul-
de-sac radius.
RECOMMENDATIONS AND FUNDING -
Preliminary plat approval is recommended for Dixie Commercial Park Subdivision
subject to dedication to the County -of all easements located between the subject
property and the 4th Street right-of-way as proposed to -convey drainage.
This item has no funding consideration to be addressed at this time.
ON -MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF M. C. C.
SUBDIVISION, SUBJECT TO DEDICATION TO.THE COUNTY OF ALL EASEMENTS
LOCATED BETWEEN THE SUBJECT PROPERTY AND THE 4TH STREET RIGHT-OF-WAY
-AS PROPOSED TO CONVEY DRAINAGE. _
ON MOTION BY COMMISSIONER WODTKE,_SECONDED BY COMMI-SSIONER
BIRD, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL -OF DIXIE
COMMERCIAL PARK SUBDIVISION, SUBJECT TO DEDICATION TO THE COUNTY OF'
ALL EASEMENTS LOCATED BETWEEN THE SUB-JECT PROPERTY AND THE 4TH -STREET _
RIGHT-OF-WAY AS PROPOSED TO CONVEY DRAINAGE. -
MAV 61981 eao 46-
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Y 198-1 _ -
MA 6
REQUEST FOR APPROVAL TO-Q0STRUTMODEL HOME - FOREST LAKE SUBDV.
ADMINISTRATOR flELSON REVIEWED THE FOLLOWING MEMO AND RECOM-
MENDATION: - -
TO: The Honorable Members -of DATE: April 30;. 1981 FILE:
the Board of County Commissioners
SUBJECT:- Request -for- Approval_ to - -
Construct Model'Home, Forest -
Lake Subdivision
FROM: Nei 1 A. N1 sots, REFERENCES:
County Administrator
This -report is submitted in response to a request -from Mr. George Frederick
of George Frederick Construction, Inc.
DESCRIPTION AND CONDITIONS
Mr. George Frederick has requested authorization to begin construction of a
model home on•lot 24, Forest Lake Subdivision. This subdivision was granted
Preliminary Plat Approval by the Board on February 25, 1981.
Section 3 of Indian River County Ordinance No. 75-3, Subdivision Ordinance,
provides, in part, as -follows:
......"The building official shall not issue any permits for new
buildings on a lot in any_subdivision which has not been lawfully
approved....."
Section 9 of the Subdivision Ordinance authorizes the Board to grant "variance(s)
from the terms of this ordinance when such variance will not be contrary to the
public interest and where, owing to special conditions, a literal enforcement
of the provisions of this ordinance would result in unnecessary hardship...".
ANALYSIS -
_ Strict adherence to the requirements of the Subdivision Ordinance would prohibit
model home construction until receipt of Final Plat Approval. With commencement
of construction beginning following Final Plat Approval, necessary construction
time for the model home could run several months, thus delaying the effective
ability of the developer to begin sales activities. _ Under current economic
conditions, this delay could create a hardship situation for the developer.
RECOMMENDATIONS
In order to approve the request of'Mr. Frederick, it is necessary for the Board
to make the following findings:
1. that the requirements of Section 9 of Ordinance 75-3 (Subdivision) have
2. that the reasons set forth in Mr. Frederick's letter justify granting of
the -variance and that the variance is the minimum variance that would mare
0
EA
possible the reasonable use of the land, building, or other improvements.
3. the granting of the variance would, be in harmony with the general purpose
and interest of the ordinance and well not be injurious to the surrounding
territory, or otherwise detrimental t6.the public welfare.
Based upon these findings, the Administration recommends Board approval of the
request, subject to the following conditions:
1. Completion of model home will coincide with final plat approval.
2. No Certificate of Occupancy will be issued prior to final plat approval.
3. No sale of, or advertising of the model home prior to final plat approval.
4. No occupancy of nor showing of the model home prior to final plat approval.
PAUL JACOBI, REPRESENTING THE DEVELOPER OF FOREST LAKE
SUBDIVISION, GEORGE FREDERICK, STATED THAT THEY WOULD AGREE TO ALL
THE CONDITIONS RECOMMENDED.
COMMISSIONER FLETCHER ASKED IF MR. .JACOBI WOULD BE WILLING
TO INCLUDE A FIFTH CONDITION STATING THAT THIS WILL NOT.CONSTITUTE
AN ASSURANCE OF FINAL PLAT APPROVAL, AND MR, .JACOBI STATED THAT HE HAD
NO PROBLEM WITH THAT.
COMMISSIONER SCURLOCK FELT IF WE APPROVE THIS, THAT WE MUST
THEN CONTINUE WITH THE SAME POLICY FOR ALL IN THE FUTURE.
ATTORNEY COLLINS SUGGESTED THAT THE BOARD ATTACK IT FROM
THE POINT OF VIEW THAT WE ARE RELYING ON.THE INDIVIDUAL REPUTATION
OF THE DEVELOPER, ETC., AND THERE ARE CERTAIN THINGS THAT HAVE TO BE
TAKEN INTO CONSID€RATION.
ADMINISTRATOR NELSON STATED THAT HE WOULD LIKE TO TREAT
THIS AS A VARIANCE, WHICH MEANS EACH CASE SHOULD BE CONSIDERED
SEPARATELY
COMMISSIONER FLETCHER AGREED THAT YOU CANNOT TREAT.ALL
PEOPLE EXACTLY THE SAME AND THAT WE MUST BE CAREFUL- WITH PEOPLE
WE DO NOT -KNOW, _
-MOTION WAS MADE BY.COMMISSIONER BIRD, SECONDED BY COMMIS—
SIONER WODTKE, TO GRANT THE_VARIANCE FROM ORDINANCE. NO. 75-3 AS
REQUESTED BY GEORGE FREDERICK TO ALLOW CONSTRUCT1-0N OF A MODEL HOME
IN FOREST LAKE SUBDIVISION SUBJECT TO THE RECOMMENDATIONS -SET OUT IN
THE ADMINISTRATOR'S MEMO.DATED APRIL -30, 1981, PLUS A FIFTFi'RECOM—
MENDATION.TFIAT SUCH APPROVAL NOT CONSTITUTE ANY ASSURANCE OF FINAL
PLAT APPROVAL.-.
COMMISSIONER WODTKE-WISHED—TO BE ASSURED THAT THIS -IS A
"MODEL" AND THAT THERE WILL BE OTHERS.BUILT LIKE IT. MR. .JACOBI
MAY poor 46
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97
MAY
75
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ASSURED -HIM -THAT THERE WOULD BE.
COMMISSIONER WODTKE COMMENTED.THAT THE REASON FOR
GRANTING A VARIANCE IS THAT IT -WOULD CONSTITUTE AN UNNECESSARY
HARDSHIP, AND HE FELT WE NEED TO STATE THE HARDSHIP FOR EACH
AND EVERY CASE AND LOOK -AT THEM -ON A CASE BASIS.
MR. JACOB.r EXPLAINED.THAT THE HARDSHIP INVOLVED IS
THAT FLORIDA POWER & LIGHT WANT TO HAVE A DEFIN-ITE PERMIT ASSURED
FOR A -HOME IN THAT AREA --BEFORE THEY WILL --GET MOVING .ON THEIR
ENGINEERING.- SINCE THIS SUBDIVISION*IS TO HAVE ALL UNDERGROUND
UTILITIES, THE HARDSHIP RELATES TO -THE COSTS INVOLVED IF THEY
CANNOT EXPEDITE MOVING FORWARD.
DISCUSSION CONTI-NUED AS TO BEING CONSISTENT AND THE
NATURE.OF THE HARDSHIP.. -
COMMISSIONER WODTKE FELT THE.LACK OF UTILITIES WOULD CAUSE
THE HARDSHIP BECAUSE THEY NEED TO HAVE THE UTILITIES IN PLACE AND
THE ROAD PAVED IN ORDER TO GET FINAL APPROVAL.
MR. JACOBI AGREED THAT IS THE HARDSHIP AND AFFIRMED THAT
THEY DO NOT INTEND TO SELL THE HOUSE OR OCCUPY IT, ETC., UNTIL THEY
HAVE FINAL PLAT APPROVAL.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED 3 TO 2 WITH COMMISSIONER SCURLOCK AND CHAIRMAN LYONS
VOTING IN OPPOSITION.
ARBITRATION RE COUNTY ADMINISTRATION COMPLEX RENOVATION
ATTORNEY COLLINS INFORMED THE BOARD THAT WE HAVE RECEIVED
A REQUEST FROM THE CONTRACTOR FOR ARBITRATION, AND THE ATTORNEY
FEELS IT,A NECESSITY TO BRING THE ARCHITECT INTO INVOLVEMENT IN THIS
MATTER ALSO; UNDER THE ARBITRATION RULES, WE HAVE THE AUTHORITY TO
BRING -THE ARCHITECT IN. THE ATTORNEY STATED HE WOULD PREFER TO
LITIGATE RATHER THAN ARBITRATE, BUT WE ARE RESTRICTED UNDER THE
CIRCUMSTANCES.
MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY
COMMISSIONER BIRD, TO AUTHORIZE THE ATTORNEY TO INVOLVE THE ARCHITECTS
IN THE MATTER UP FOR ARBITRATION.
J�
��J
COMMISSIONER FLETCHER WISHED FURTHER EXPLANATION, AND
ATTORNEY COLLINS EXPLAINED THAT WE HAVE RECEIVED NOTICE FROM THE
CONTRACTOR FOR ARBITRATION AND WE NEED TO GET ALL PARTIES INVOLVED
SO ALL ISSUES WILL BE RESOLVED AT ONE TIME, WHICH WILL CUT DOWN
EXPENDITURES SUBSTANTIALLY. THE ADVANTAGE TO HAVING ALL PARTIES
INVOLVED IS THAT THE ARBITRATOR CAN SEE THE ENTIRE PROBLEM, NOT JUST
PARTS OF IT. HE BELIEVED IT IS A BETTER TACTICAL MOVE.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON
AND CARRIED UNANIMOUSLY.
CORRECTIVE DEED BETWEEN INDIAN RIVER COUNTY AND PETER O'MALLEY
ATTORNEY COLLINS EXPLAINED THAT THE ORIGINAL COUNTY DEED
TO THE EAST 20.92 ACRES OF TRACT ll,'SEC. 33, TOWNSHIP 32 SOUTH, RANGE
39 EAST, WAS INADEQUATE BECAUSE OF AN INCOMPLETE DESCRIPTION WHICH
DID NOT REFERENCE THE SUBDIVISION, PLAT BOOK OR PAGE, AND ATTORNEY
GOULD IS REQUESTING A CORRECTIVE DEED TO CLEAR TITLE FOR PETER
O'MALLEY WHO HAS RECENTLY PURCHASED THE SUBJECT PROPERTY. ATTORNEY
COLLINS STATED THAT ATTORNEY GOULD HAS SUPPLIED-HIM WITH DEED WHERE
MR. O'MALLEY TOOK TITLE, TITLE INSURANCE POLICY, AND.DEED OF EASEMENT.,
AND HE ASKED THAT THESE BE MADE PART OF THE RECORD. HE RECOMMENDED
THAT THE BOARD GIVE THE CHAIRMAN AUTHORIZATION-TO EXECUTE THE
CORRECTIVE-DEED. SAID DOCUMENTS ARE HEREBY MADE A PART OF THE
RECORD.
MAY.. 6'981 - .99 mog- PK, 00
Printed for Lawyers' Title Guaranty Fund, Orlando, Florida
oil
` L
a t
y 'Beed STATUTORY FOR —
( FORM—SECTION 689.02 F.S.)
This i 800K nt ` rr d"�
.John R. Gowasuld y
979 Beachland-Boulevard
Vero Beach, Florida 32960
(T4!11 30pnturr, Made this 17th day of April. 19 81, WFttlTrm
HENRY F. HARTSFIELD and DEANNA E. HARTSFIELD, his -wife,
of the County of Indian .River , State of Florida grantor*, and.
PETER O' b4ALLEY
whose_ post office- address is c/o Los Angeles Dodgers,
Inc.;-, 1000 -Elysian -Park Avenue,
Los Angeles, California -90012
of the County of Los Angeles _ State of California ;grantee*,
lgitnpsspth, Thal said grantor, for and in. "consideration of- the sum of ten and-----=--------------= -
------ -------------------00/100 Dollars,
and .other good and valuable considerations. to said grantor in hand paid by said grantee, the receipt whereof is hereby
acknowledged, has granted, bargained and sold to the said'grantee, and granfee's heirs and assigns_forevei, the following
described land, situate, lying and being in Indian River - County, Florida, to -wit:
The west half of the east 20.92 -acres of Tract 4 (less canal) and also the
west 25 feet of the north 172 feet of the east half of the east 20.92 acres
of Tract 4, all in Section 33, Township 32 South, Range 39 East, according to
the last general plat-pf Indian River -Farms Company, filed in the office
of the Clerk of the Circuit Court of St.- Lucie CountyFlorida, in Plat
Book 2, page 25; -said -land now lying and being in Indian River County,
Florida.
Subject to all easements .and rights of way of record.
Subject to taxes aft
7 er 1980.
Subject to purchase money mortgage from the grantee to the grantors, securing
a purchase money note in the sum of $159,750.00.
?oo _ -
7 0.
and said grantor does hereby fully warrant the title -to said land, and will defend the same against the lawful claims of all
persons whomsoever.
{, Grantor' and "grantee" are used for singular or plural, as context requires.
Jn lVitnpss Whrrppf, Grantor has hereunto set grantor's hand and seal the day and year first above written.
Signed, sealed and delivered i ur resence:
1
( eal)
H Y HARTSF L D
D NA E. HARTSFI L (Seal)
(Seal)
(Seal)
STATE OF FLORIDA
COUNTY OF INDIAN RIVER ciz
I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared tvkh
HENRY F. HARTSFIELD and DEANNA E. HARTSFIELD, his wife, �3
to me known to be the persons described in and who executed the foregoing instrument and acknowledged before me that
the y executed the some. �4�k%%M1 �„i,
JF
WITNESS my hand and official seal in the County and State last aforesaid this 17th day of Apri��`�`1(%r���''��
19 81 �:• ..... • ti.
My commission expires: 1.0/9/82
Notoey�ublicV oo _
tate of Florida at Large.
RECORD AND RETURN TO
12. COULD....
�'.•''�
9 111 A RJ D 11 I. V D. t F .TLS
VFW BLACI I, 1 LWiUA J -N60
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1VIAY.
1981
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KAY C 19$ 6 PA-403-
OWNER
A- X03 -
OWNER TITLE INSURANCE POLICY
Lawyers' Title Guaranty Fund
Qualified with and supervised by the Insurance Commissioner of Florida
ORLANDO, FLORIDA
R
fttl
[u]
SUBJECT TO THE EXCLUSIONS FROM -COVERAGE, THE EXCEPTIONS CONTAINED IN SCHEDULE B-
AND THE PROVISIONS OF THE CONDITIONS AND- STIPULATIONS HEREOF, LAWYERS' TITLE
GUARANTY FUND, a business_ trust, herein called The Fund, insures, as of Effective Date of policy shown
in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and
costs, attorneys' fees and expenses which The Fund may become obligated to pay hereunder, sustained or
incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested otherwise .than as stated therein;
2. Any defect in or lien or encumbrance on -such title; or
3. Lack of a right of access to and from the land.
- In Witness Whereof, LAWYERS' TITLE GUARANTY FUND has caused this policy to be signed and sealed in
its name by its President and Executive Secretary, by direction of its Board of Trustees, to become binding
when countersigned by a member of The Fund.
% tf GU,s*
aa`y '��t
` O 121 4? EG = BV
C J
tl A O 1
ff a r `�Jtit
•01111a, Uooxsey, Pennell
a= and Appleby,
Ix
Ir=I Professional. Association
xl
Ut]
[rt]
cul (Attorney or Firm of Attorneys)
pt+
t.i,....I ni..a
�rb�•'f. if t1.:f n u u tt ,r ,r u u n tt u u tl Ir u u n u u it u u r u :� u c. �. . ,.:: r :; t: a �.
FUND Form UP (flev. 177) (5/78 Flt IUAi)
Lawyers' Title Guaranty Fund
P.,,�a
am4i�o
Paul B. Comstock
President and Executive Secretary
SERIAL
O1'- 338492
t: u n .r u a n tt u rc r. a .: u u u t. ;: t: s rt tt a )t.rt tt tl )I IC.trtt JfpCJ[tl
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r
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n`�.�-.'t-.",�—a �.c._ r.s'4�4��.3,.=.3�.'�?-r`'� *� `�;:�'r+r:•�at.:r�^ � _.. � - .. .,.._d... � �, � -mow- . ._>s_� ..Y.. �,.y..�.,;:...i 4.., r _ . ., y
SCHEDULE A
Policy or
Guarantee No.: OP -388492 Effective Date:April 20, 1981
3:08 pm
Amount of Insurance: 5 225)000.00
1. Name of Insured: PETER 0' MALLEY
Member's File Reference: 14,585
2. The estate or interest in the land described herein and which is covered by this policy or guarantee is a fee simple (if
other,. specify same) and is at the effective date hereof vested in the named insured as shown by instrument recorded in
Official Records Book 6 2 0 , Page 2490 , of the Public Records
of Tn di an River County, Florida.
3. The land referred to in this policy or guarantee is described as follows:
The Nest half of the East 20.9.2 acres o£ Tract 4 (less canal)
and also the.West 25 feet of the North 172 feet of the East
half of the East 20.92 acres of Tract 4, all in Section 33,
Township 32 South, Range 39 East, according to the last general
plat of Indian River Farms Company, filed in the office of the
Clerk of the Circuit Court o£'St. Lucie County, Florida, in
Plat Book 2,_Page 25; said land now lying and being in Indian
River County, Florida.
ISSUED BY
Gould, Cooksey, Fennell.
and Appleby; _
Professional Association
(Attorney or Firm of Attorneys)
979 Beachland Blvd.
-MAY 6 jqAj.
2468
�.k e_
Ml MBER NO. ATTORNEY—MEMBERtS SIGNATURE
Vero Beach Florida, 32960
U:iw) BOOK 46 PAGE( ) 4
1.
i
MAY 61981 BOOK
'SCHEDULE 8
Policy or Guarantee No.: -OP-388492
This policy or guarantee does not insure against loss or damage by reason of the following exceptions:
46 Pt�cE 405
1. Taxes for the year of the effective date of this policy or guarantee and taxes -or special assessments which are not shown as _
existing liens by the public records.
2...' Rights or claims of parties in possession not shown by the public records.
3. Encroachments, overlaps,_ boundary line disputes, and any other matters which would be disclosed by an accurate survey
and inspection of the premises.
4. Easements or claims of easements not shown by the public records.
5. Any lien, or right to a lien, for services, labor, or material heretofore or .hereafter furnished, imposed by law and not
shown by the public records.
6. Subject to reservations contained in Special Warranty Deed
dated 2/25/55 from Indian River Farms Drainage District to T. C. Thompson
and Ellaree Thompson, his wife, recorded in Deed Book 107, Page 140, public
records of Indian River County, Florida, which said reservation is as follows:
"There is excepted from the lands herewith conveyed and reserved and retained
unto the Grantor,all existing canals, ditches and rights of way of said
Grantor upon and over the above described lands."
7. Subject to all easements, rights of way and drainage canals as shown
on the plat of Indian River Farms Company, as recorded in Flat Book 2,
Page 25, public records of St. Lucie County, Florida.
8. Subject to an easement as reflected in Deed of Easement dated 2/6/81
between Henry F. Hartsfield and Deanna E. Hartsfield, and City of Vero
Beach, recorded -in Official Record Book 617, Page 1225, public records
of Indian River County, Florida, a copy of which is attached hereto.
9. Subject to unpaid 1980 ad valorem and drainage taxes.
10. Subject to county and/or municipal improvement liens which are not
recorded in the official record books of Indian River County, Florida.
11. Subject to a purchase money mortgage dated 4/8/81 executed by
Peter O'Malley in favor of Henry F. Hartsfield and Deanna E. Hartsfield,
his wife, recorded in Official Record Book. 620, Page 2492, public records
of Indian River County, Florida, securing an original principal sum of -
$159,750.00.
n..
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This instrument prepared by; "�7nvn`o R. 1jcr-,)nouFh, Esq. P. 0. Box 1339,
Vcro Beach, Florida 32960
DFFD 01'
THIS made this d;ty of 1931, by and
betv?�,rn 11f:1111,Y r. ITIARTF-FIELD mW F_ iT!,_J_:T'_*_1-**11-:1,,1) herein-
mur'lc.f.pal
arld tilf.. C il vi I.L
corporntl.on of the State of Florida, hareincifter c-illed the Grantee.
WITNESSU'll: The- Grantor(s), for and in considf--ration of $10.00 and
other valuable considerations in hand paid' by the Grantee, hereby -F,
.,rants
sella and convoys on easement for in ress nnd.egra3s.and for inntalla7
tion, operation, rinintenazice (including nec-snary tree trir71TnF,) ,
plac::inrut, rvlocat!.r, a and removAl of electric tron-m1sclor arid distri-
bution lines, pol!!s and appurtenances Lhereon, gu,-tires and ntichor-3,
over, UPC,.lit unr 1.2r and across the follo,.Anj; d2ncribed real property
joc:Laa in Ird-Lan River County, Florida, to-wi.t:.
W
The Went 15 fent of the Wast half of the Enst 20.92 acres
of Tract 4, 'r-,-.'.Licn 33, To!,!nshj.p 32 South, Ranrn 39 East,
and the Scuth 15 feat of the forth 45 feet of Litt- 'Vest half
of the East -20.92 acres, and the South 15 fn;- t of the North
45 feet of the 1lest 25 feet of the East half.of the East
_-;A
cr act 4, Section 33, Towns ,,i n C
0.*92 of -Tr, hip 32 South, :Y
39 East, according to the Last C,2neral Plat of.Lantis of the
Indian R1.vcr Farmi Company flied in the .Office of the.Clerk
a, in Plat
of the Circuit Court of St. Lucie County, Florid
Book 2, pni 25, said lands now, lying and being in Indi.,n
River Cci!nLy, Florida.
The eanement, r ghts. and privileges herein
,ravted rfllall
perpetual an -d exclusive; and Grantor(s) ho r c t)y *coven:. -Tits with said
Grantee that the Grantor(s) is lawfully seized of -raid ].an-! in fen
izipio; that Grantor(s) has good right and ��Uthority to grar.
sell and conv,2y said .casement; and Grantors) hvreb7.b!.ndz-.hi-sa1f.:z
I;
his successors,' heirs -and assigns, and legal repro*- an to t ives, to ::t r r,!n t.
and forever. defend said easprienc and rights unto: -Grantee; its .,'s
orn, and-, against the lawful claims of all pnr�,ons whomso-ver,t.
nd ftyrtherr:ooe covenants that he will -not conv,�.v :tit nrlier
or conflicLini-, rights within th4, area covered by Ll P,�rant:; ha!�:e .
the Grantor (S his -successor:-,, heirs arr,
tives, hereby reserve the rightto use and., ri
(I joy nbove-1
real propertv for any laawful purpose not inconrisLent: or inc_i:rccrri.ng
created herein.
with Grailtec 1; rj.,_,hts c. -
This instrument shall be binding on, all,.! -.1vill inure to 0,e ..ben'O f it
of, the heir:;, execittocs, administrator,-, successors, acid ;i.,,AEns
tilt, parties -hereto.
'her cath -.I hts tht?rc
TO11AVE*AND TO HOLD the same toget 1.1
belon,qing, and all the estates, right; title, interest, lien, nql, and
-(n), either in lo -o- or eiiiit. �1' en 1
Im %-liatsoever- Of the Grantoi to ti,
-cin
pol, .-.n1 aL:.-,i-
r )er use rind I, e'f i t of the Grantee,
var, or, lon(as the same As used by the Grcutce for th,� ptirryc�svr o_
this conveyav ca.
V __ ;' '- .. !
TH ElIVIMSS MirREOF, the Grantor(s) lizis hercunto
document, the! J.iy- and yl!,i*r first above wri.Lteil.
14" Si
t'scaind and delivered C.'s
in rho presence of
te L sr -AL) %
0,
Tk L�oatiiia L Hilir 1: Sl L 0 i d
Lo (,ranLo .1;
STAT!: OF FLOM 'A
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CO U,6'Y OF IND AN RIM
I. HRIKMY, CERUFf, that-oli thl.3 &"Y, before mc. on 0;' ricer duly
T
-he SL;11'(! ;hId ('0111,LY a10r(;:,aid L -,i
aU r!)o r Ized lit t. L 0,-,
porl;onaLly !jpeired 11U:RY F: 1111'Rq1 1L1;D 1% 1) v- 1, 2 1
%..,el 1 1--n1wn to be the pers-on(s) dri:;cribe(1 ina,,,**`'%,1110 V- -�:Ll -0c,��H snr��
WITNESS lily 1V ft, -VC -01.11-
insty-timrift thacltnowled),,o I hoforn tne t:WU) -Uit
_r -y li*,��.,d and official seal In Lh�- Coolit,'V"�lltl !'�Ate la.; L
sa aid- this day of
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1. Definition of Terms
The following terms when used in this policy mean:
(a) "insured": the insured named in Schedule A, and,
subject to any rights or defenses The Fund may have had
against the named insured, those who succeed to the
interest of such insured by operation of law as
distinguished from purchase including, but not limited to,
heirs, distributees, devisees, survivors, personal
representatives, next of kin, or corporate or fiduciary
successors.
,- .(b) "insured claimant": an insured claiming loss or
damage hereunder.
(c) "knowledge": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured
by reason of any public records.
(d) "land": the land described, specifically or by
reference in Schedule A, and improvements affixed
thereto which by law constitute real property; provided,
however, the term "land" does not include any property
beyond the lines of the area specifically described or
referred to in Schedule A, nor any right, title, interest,
estate or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterways, but nothing herein shall
modify or limit the extent to which a right of access to
and from the land is insured by this policy.
(e) "mortgage": mortgage, deed of trust, trust deed, or
other security instrument.
(f) "public records": those records which by law
impart constructive notice of matters relating to said land.
2. Continuation of Insurance after Conveyance of Title
The coverage of this policy shall continue in force as of
Effective Date of policy in favor of an insured so long as
such insured retains an estate or interest in the land, or
holds an indebtedness" secured by a purchase money
mortgage given by a purchaser from such insured, or so
long as such insured shall have liability by reason of
covenants of warranty made by such insured in any
transfer or conveyance of such estate or interest;
provided, however, this policy shall not continue in force
in favor of any purchaser from such insured of either said
estate or interest or the indebtedness secured. by . a
purchase money mortgage given to such insured.
3. Defense and Prosecution of Actions — Notice of
Maim To Be Given by an Insured Claimant
(a) The Fund, at its own cost and without undue
delay, shall provide for the defense of an insured in all
litigation consisting of actions or proceedings commenced
against such insured to the extent that such litigation is
founded upon an alleged defect, lien, encumbrance, or
other matter insured against by this policy.
(b) The insured shall notify The Fund promptly in.
writing (i) in case any action or proceeding is begun as
set forth in (a) above, (ii), in case knowledge shall come
to an. insured hereunder of any claim of title or interest
which is adverse to the title to the estate or interest as
insured, and which might cause loss or damage for which
The Fund -may be liable by virtue -of this policy. If such
prompt notice shall not be given to The Fund, then as to
such insured all liability of The Fund shall cease and
terminate in regard to the matter or. -matters for which
such -prompt notice is required; provided, however, that
failure to notify shall in no .case prejudice the rights of
any such insured under this .policy unless The Fund shall
be prejudiced by such failure and then only to the extent
of such prejudice.
(c) The bund shall have the. right -at its own cost to
institute and without undue delay prosecute any action -or
proceediug.or to do any other act wliielt in its opinion
may be necessary or desirable to establish the title to the
estate or interest as insured, and The Fund may lake any
appropriate action under the terms of this policy, whether
or not it shall be liable thereunder, and shall not th-ereby
concede liability or waive any provision of this pollcy. ..."' '
(d) Whenever The Fund shall have brought any action
or interposed a defense as required or permitted by the
provisions of this policy, The Fund may pursue any such
litigation to final determination by a court of competent
jurisdiction and expressly reserves the right in its sole
discretion, to appeal from any adverse judgment or order.
(e) In all cases where this policy permits or requires
The Fund to prosecute or provide for the defense of any
action or proceeding, the insured hereunder shall secure to
The Fund the right to so prosecute or provide defense in
such action or proceeding, and all appeals therein, and
permit The Fund to use, at its option, the name of such
insured for such purpose. Whenever requested by The
Fund, such insured shall give The Fund all reasonable aid
in any such action or proceeding, in effecting settlement,
securing evidence, obtaining witnesses, or prosecuting or
defending such action or proceeding, and The Fund shall
reimburse such insured for any expense so incurred.
4. Notice of Loss — Limitation of Action
In addition to the notices required under paragraph
3(b) of these Conditions and Stipulations, a statement in
writing of any loss or damage for which it is claimed The
Fund is liable under this policy shall be furnished to The
Fund within 90 days after such loss or damage shall have
been determined and no right of action shall accrue to an
insured claimant until 30 days after such statement shall
have been furnished. Failure to furnish such statement of
loss or damage shall terminate any liability of The Fund
under this policy as to such loss or damage.
5, Options To Pay or Otherwise Settle Claims
The Fund shall have the option to pay or otherwise
settle for or in the name of an insured claimant any claim
insured against or to terminate all liability and obligations
of The Fund hereunder by paying or tendering payment
of the amount of insurance under this policy together
with any costs, attorneys' fees and expenses incurred up
to the time of such payment or tender of payment, by the
insured claimant and authorized by The Fund.
6. Determination and Payment of Loss
(a) The liability of The Fund under this policy shall in
no case exceed the least of:
the actual loss of the insured claimant; or
(ti the amount of insurance stated in Schedule A.
(b) The Fund will pay, in addition to any loss insured
against by this policy, all costs imposed upon an insured
in litigation carried on by The Fund for such insured, and
all costs, attorneys' fees and expenses in litigation
carried on by such insured with the written
authorization of The Fund.
(c) When liability has been definitely fixed in
accordance with the conditions of this policy, the loss or
damage shall be payable within 30 days thereafter.
7. Limitation of Liability
No claim shall arise or be maintainable under this
policy (a) if The Fund, after having received notice of an
alleged defect, lien or encumbrance insured- against
hereunder,-- by litigation or otherwise, removes such
defect, lien or encumbrance -or establishes the title, as
insured, within a reasonable time after receipt of such
notice; (b) in the event of litigation until there has been
a final determination by a court of competent jurisdiction,
and disposition of all appeals therefrom, adverse to the
title, as insured, as provided in paragraph 3 hereof;
or (c) for liability voluntarily assumed by an insured in
settling any claim or suit without prior written consent of
The Fund.
8. Reduction of Liability
All payments wider this policy, except payments made
for costs, attorneys'- fees and expenses, shall reduce the
:unuunt of the insurance pro tanto. Nig payment [shall be
CONDITIONS AND STIPULATIONS (continued on rovorse side) BOOK !r -PACE -408
MAY- 6 - i9� 1 --
M
M-T� M-11011
CONDITIONS AND ST IPULATIONS (continued)B001�.� FrF 4U9
made without producing this policy for endorsement of
such payment unless the policy be lost or destroyed, in
which case proof of such loss or destruction shall be
furnished to the satisfaction of The Fund.
9. Liability Noncumulative
It is expressly understood that the amount of insurance
under this policy shall he reduced by any amount The
Fund may pay under any policy -insuring either (a) a
mortgage shown or referred to in Schedule B hereof which
is a lien on the estate or interest covered by this policy,
or (b) a mortgage hereafter executed by an insured
which is a charge or lien on the estate or interest described
or referred to in Schedule A, and the amount so -paid shall
be deemed a payment under this policy. The Fund shall
have the. option to apply to the payment of any such
mortgages any amount that otherwise would be payable
hereunder to the insured owner of the estate or interest -
covered by this policy and the amount so paid shall be
deemed a payment under this policy to said insured owner.
10. Apportionment
If the land described -in Schedule A consists of two
or more parcels which are not used as a single site, and a -
loss is established affecting one or more of said parcels but
not all, the loss shall be computed and settled on a pro
rata basis as if the amount of insurance under -this policy
was divided pro rata as to the value on Effective Date of
policy of each separate parcel to the whole, exclusive of
any improvements made subsequent to Effective Date of
policy, unless a liability or value has otherwise been
agreed upon as to each such parcel by The Fund and the
insured at' the time of the issuance of this policy and
shown by an express statement herein or by an
endorsement attached hereto.
11. Subrogation Upon Payment or Settlement
Whenever The Fund shall have settled a claim under
this policy, all right of subrogation shall vest in The Fund
unaffected by any act of the insured claimant. The Fund
r
er•'Tn1if'"
!aN d�Hi: , Nal
1C1 aw '
M M A
au s► tcy
shall hr subrogated to and .be entitled to all rights and .
remedies which such insured claimant would have hid
against any person or property in respect to such claim
had this policy not been issued, and if requested by The
Fund, such insured claimant shall transfer to The Fund all
rights . and remedies against any person or property
necessary in order to perfect such right of subrogation and
shall permit The Fund to use the name of such insured
claimant in any transaction or litigation involving such
rights or remedies. If the payment does not cover the loss
of such insured claimant, The Fund shall be subrogated to
such rights and remedies in the proportion which said
payment bears to the amount of said loss. If loss should
result from any act of such insured claimant, such act
shall not void this policy, but The Fund, in that event,
shall be required to pay, only that part of any losses
insured against hereunder which shall exceed the amount,
if any, lost to The Fund by reason of the impairment of
the right of subrogation.
1.2. Liability Limited to This Policy
This instrument together with all endorsements and
other instruments, if any, attached hereto by The Fund is
the entire policy and contract between the insured and
The Fund.
Any claim of loss or damage, whether or not based on
negligence, and which arises out of the status of the title
to the estate or interest covered hereby or any action
asserting such claim, shall be restricted to the provisions.
and conditions and stipulations of this policy.
No amendment of or endorsement to this policy can be
made except by writing endorsed hereon or attached
hereto signed by either the President, a Vice President, or
member of Lawyers' Title Guaranty Fund.
13. Notices, Where Sent
All notices required to be given The Fund and any
statement in writing required to be furnished The Fund
shall be addressed to its principal office at 32 West Gore
Street, Post Office Box 2671, Orlando, Florida 32802.
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CN MOTION BY COMMISSIONER SCURLOCK, SECONDED BY
COMMISSIONER BIRD, THE BOARD UNANIMOUSLY AUTHORIZED THE
CHAIRMAN TO EXECUTE THE CORRECTIVE DEED TO PETER O'MALLEY
AS RECOMMENDED BY THE ATTORNEY.
This deed, -made this 6th day of May ,
1981, by INDIAN RIVER COUNTY, FLORIDA, party of the -first
part, and PETER O'MALLEY, c/o Los Angeles Dodgers, Inc.,
1000"Elysian-Park Avenue, Los Angeles, California 90012, party
of the_ second part,
WITNESSETH that the said party of the first part, for and
in consideration of the sum of one dollar to it in hand paid
by the said party of -the second part, receipt whereof is
hereby acknowledged, has granted, bargained and sold to the
said party of the second part; his heirs and assigns forever,
the following described land lying and being in Indian River
County, Florida:
The west half of the east 20.92 acres of Tract 4
(.less canal) in Section 33, Township 32 South,
Range 39 East, according to the last general plat
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.
This deed is made, executed and delivered for the purpose
of correcting an incomplete description of the above described
land in a prior deed executed by the said party of the first
part on February 26, 1951, and recorded in Deed Book 64, page
348, public records of 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 of said Board,
the day and year aforesaid.
INDIAN RIVER COUNTY, FLORIDA
4 i By its Board of County Commissioner:
Attest:
clerk of the Circdjt
Court of Indian Ri er �
County, Florida ,
By:
This document prepared ,by:
John R. Gould
979 Beachland Boulevard
Vero Beach, Florida 32960
M.
County, Florida
-ot county
an River
e
ROAD RESURFACING PROGRAM
ADMINISTRATOR NELSON INFORMED THE BOARD THAT ROADS HAVE
BEEN IDENTIFIED WHICH SHOULD BE RESURFACED IN OUR ON-GOING ROAD
MAINTENANCE PROGRAM AS PER THE FOLLOWING MEMO AND LIST:
TO: The Honorable Members of the DATE: April 29, 1981 FILE:
Board of County Commissioners
SUBJECT: 1981 Road Resurfacing Program
FROM: Neil A. Nelson, REFERENCES: List Attached
County Administrator
Description and Conditions
The attached resurfacing list has been prepared by the Department of
Public Works Engineering Division and Road and Bridge Department. A survey
of the majority of the paved County roads was conducted by the staff and
the list reflects those roads which have need of resurfacing at this time-.-
Alternatives
ime:Alternatives and Analysis
In analyzing the County road network and in conformance with past
County policy, it has been determined that certain major collector -roads,
namely Kings Highway (505A)and Lateral "A" (505) warrant widening to provide
a pavement width of 24',which is characteristic of collector type roadways.
This widening is included in the list.
. The total estimated price is based upon our annual contract cost of
.$37.60 per ton plus price increases included in the bid by an escalator
clause. Dickerson-, Inc.,_our contractor for 1981, has informed us that
current costs are $41.00 per ton. Based upon this cost, our 1981 program
cost is approximately $328,730.00. As of April 23, 1981-, approximately
$431,749.43 is available in the Road and Bridge -Department -Account # 004-
214-541-35.39. After payment for this program, a balance of $103,019.43
will be available for additional.necessary work -throughout Fiscal Year 1981.
Recommendations and Funding
It -is recommended that approval of the attached 1981 resurfacing list-
- be granted, tfi e work be authorized, and funding be approved from Account
#0047214-541-35.39 - Road- Materials, Road and Bridge Department Fund in 'the
amount.of $328,730. This amount includes 15" contingency.
MAY_ 61981 111 BOOK 46 PmE 412.
MAY BOOK Fa
CE1 3
No.
INDIAN RIVER COUNTY DEPARTMENT
ROAD-& BRIDGE DEPARTMENT PROPOSED
Description Mileage lr'idth
OF PUBLIC WORMS
RESURFACING LIST r
Asphalt
Tonage
b p
17 O
Approximate.Cost Based
on 541/00/Ton
1.
1st Street between Old Dixie & US 1
.4
20'
176 Tons
S 7,216.
2.-
Glenview Terrace form 11th Court to 6th Street _
1
20'
44
1,PO4.
3.
90th Avenue form Route 60 to South `Z mile to
--
264
10,824.
R-2 Canal
.5
24
4.
Oslo Road from Ranch Road to Rangeline Road - -
1.2
24'
633
25,953.
5.
CP507 from Aust. Pines to 100' east of first curve
18'
436
17,876
entering Fellsmere City
1.1
6.
CP.512 South of Fellsmere Fairs
-20'
44
1,804.
(Where pipe was installed)
1
_
7•
Roseland Road from US 1 to Indian River Dr.
.3
18'
119
4,879•
8.
Central Avenue from 9th Street to Roseland Dr.
1.3
17'
486
19,926.
9..
11th Place from 16th Avenue to Dead End
.3
18'
119
4.879•
10.
33rd Avenue from North 'Gifford to Lindsey Road
.5
18'
198
8,118.
11.
43rd Street between 22th Avenue & Old Dixie
.4
20'
! 176
7,216. -
12.
31st Avenue from South Gifford to North Gifford
.5
18'
198
8,118.
13.
38th Avenue from South Gifford to North Cifford
.5
20'
220
9'020'
14.
40th Avenue North of 12th Street to 14th Street
.3
20'
132
5,412
15.
13th Street East of 43rd Avenue to Ditch
.1
18'
44
-1.804.
16.
42nd Avenue North of 12th Street to 14th Street
.3
18'
119-
4,879.
17.
13th Street East & West of 42nd Avenue
.3
20'
132
5,412
(2 Short Streets)
18.'
Lateral A from Route 60 to Cherry Lane
1.0
20'
880 Tons
5 36.080
19.
Kings Highway from North Winter Beach Road to
_North Relief Canal
1.7
20'
1496
61,336.
20.
8th Street between Kings Highway & Monroe Road
1.2
20'
1056
43,296.
$285,852.
15% Contingency
42,878.
Grand Total,
5328,730.
AFTER SOME DISCUSSION, THE BOARD AGREED THAT WE MUST RELY
ON OUR ADMINISTRATORS ADVICE.
ON POTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE 1931 RESURFACING LIST,
AUTHORIZED THE WORK AND APPROVED THE FUNDING AS RECOMMENDED BY THE
ADMINISTRATOR.
PROPOSED ORDINANCE ESTABLISHING OFF-STREET PARKING PAVEMENT TYPE
REQUIREMENTS
DISCUSSION ENSUED AS TO THE PROPOSED ORDINANCE, ITS EFFECT
ON SMALL COMMERCIAL ESTABLISHMENTS, NUMBER OF CARS INVOLVED, ETC.,
AND IT WAS AGREED THERE ARE SOME PROBLEMS WITH THE PROPOSED ORDINANCE
11 1 BUT THIS CAN BE DISCUSSED AT THE TIME OF PUBLIC HEARING.
112
ON LOTION BY COMMISSIONER SCURLOCK, SECONDED BY ,
COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY AUTHORIZED THE
ADMINISTRATOR TO ADVERTISE A PUBLIC HEARING ON THE PROPOSED
ORDINANCE IN REGARD TO ESTABLISHING OFF-STREET PARKING PAVEMENT
TYPE REQUIREMENTS.
D.O.T. FLORIDA ROAD NUMBERING PLAN FOR ARTERIAL AND COLLECTOR
ROADS
ADMINISTRATOR NELSON REPORTED THAT THE D.O.T. WISHES US
TO CHANGE THE NUMBER DESIGNATION OF THE FOUR FOLLOWING COUNTY
COLLECTOR ROADS: 58TH AVE, (KINGS HWY.); HIND AVE. (RANCH RD.);
41ST ST. (S. GIFFORD RD.); AND ROSELAND ROAD, HE CONTINUED THAT
STAFF RECOMMENDS THAT PRIOR TO MAY 131 19811 THE COUNTY ENGINEER
BE AUTHORIZED TO CONTACT THE D.O.T. STATING THAT UNLESS A CHANGE
IS ABSOLUTELY NECESSARY, WE WOULD REQUEST THAT THESE FOUR ROADS BE
ALLOWED TO RETAIN THEIR EXISTING NUMBER DESIGNATION AND IN ADDITION,
REQUEST THAT R.D. CARTER ROAD AND REBEL ROAD BE DESIGNATED WITH A
RURAL MINOR COLLECTOR DESIGNATION. HE NOTED THAT IF THE NEW'10J.
NUMBERING PLAN WERE APPROVED, NEW ROAD DESIGNATION SIGNS WOULD HAVE
TO BE FUNDED FOR APPROXIMATELY 39 ROADS.
ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMIS-
SIONER SCURLOCK, THE BOARD UNANIMOUSLY ACCEPTED THE RECOMMENDATION
OF THE ADMINISTRATOR.
,JOINT FUNDING FOR SUMMER RECREATION PROGRAM
THE BOARD DISCUSSED THE FUNDING FOR THE SUMMER RECREATIONAL
PROGRAM AS SUMMARIZED IN THE FOLLOWING MEMO:
AW -119-81 6198i ].13 Roox 46 -Pact 414
MANY 6 198 1
BOOK T X9.5 _
TO: Board of County Commissioners DATE: April- 29, 1981 FILE:
Indian River County —
SUBJECT: Request for additional-. funding for
Summer Recreational Program
FROM: REFERENCES:
Neil A. Nelson
County Administrator
This is in response to a. request from the Indian River County School Board for
the sum of $23,213-.66 for the Summer Recreational Program.
1. Description and Conditions: -
The above $23,213.66 is 50% of the cost of "the summer recreational program.
The other 50% will be paid by the Indian River County School Board.
2. Alternatives and Analysis:
There are no alternatives. There is currently budgeted the amount of_S20,900.00;
Due to the increase in transportation costs, it is necessary to appropriate 111
additional $3,213.66 in order to have sufficient funding. _
This program has been in effect for a number of years, and has proved to he
very successful. It is believed that the costs of the program are more than
repaid in a reduction in vandalism, etc.
3. —Recommendation and Funding:
- If the Board of County Commissioners wish to contribute the additional $3,213.66, -
then it is recommended that the funds be taken from the General Fund Contingency,
Acct. ;# 001 199 513 99.91. _
4. Distribution: -
L.S._ "Tommy" "Thomas -
Jeffrey K. Barton
5. Attachments:
I. Letter from School District of Indian River. County
2. Copy of Summer 1981 Recreation Budget
IT WAS NOTED THAT THE FUNDING SHOULD BE FROM ACCT, #004-199-513-99,91,
MOTION WAS MADE BY COMMISSIONER WODTKE TO APPROVE THE
FUNDING FOR THE SUMMER RECREATIONAL PROGRAM AS RECOMMENDED; THE
FUNDING TO BE TAKEN FROM THE GENERAL FUND CONTINGENCY #004-199-513-99,91
COMMISSIONER SCURLOCK QUESTIONED WHY THIS WAS FROM THE
GENERAL FUND, AND IT WAS NOTED THAT IT IS FOR SCHOOLS THROUGHOUT
THE COUNTY.
COMMISSIONER FLET;CHER STATED THAT HE PLANNED TO VOTE
AGAINST THE REQUESTED INCREASt-44S HE FELT THIS IS AN OPPORTUNITY
TO SAY "MAKE DO WITH WHAT YOU HAVE
114 '
MAY
L:7j
_j
COMMISSIONER SCURLOCK ASKED IF THIS HAS BEEN BEFORE THE
RECREATIONAL ADVISORY COMMITTEE TO SEE HOW IT FITS INTO OUR OVERALL
CONCEPT, AND COMMISSIONER BIRD NOTED THAT THEY WILL HAVE THEIR FIRST
MEETING TOMORROW.
ADMINISTRATOR NELSON NOTED THAT THIS PROGRAM IS SOMETHING
THAT WE HAVE TRADITIONALLY FUNDED.
COMMISSIONER FLETCHER COMMENTED THAT INFLATION ALSO IS
TRADITIONAL AND HE FELT WE SHOULD PUT THEM ON NOTICE AND THEN THEY
CAN ADJUST.
MOTION WAS MADE BY COMMISSIONER FLETCHER TO TABLE THIS
MATTER AND TAKE IT TO THE RECREATIONAL ADVISORY COMMITTEE, IT WAS
VOTED ON AND DEFEATED 4 TO 1 WITH COMMISSIONERS WODTKE, SCURLOCK,
BIRD AND CHAIRMAN LYONS VOTING IN OPPOSITION.
COMMISSIONER BIRD COMMENTED THAT WHEN THIS BUDGET WAS PUT
TOGETHER A YEAR AGO, SOMEONE HAD TO GUESSTIMATE AND THIS IS VERY
DIFFICULT WITH THE PRESENT INFLATIONARY SPIRAL. IT WAS FURTHER
NOTED THERE IS A QUESTION OF TIMING INVOLVED.
THE CHAIRMAN CALLED FOR THE QUESTION ON THE MOTION TO
APPROVE THE FUNDING. IT WAS VOTED ON AND CARRIED 11 TO 1 WITH
COMMISSIONER FLETCHER VOTING IN OPPOSITION.
SCHOOLBOARD REQUEST -FOR HELP WITH FOOTBALL FIELD
ADMINISTRATOR NELSON INFORMED THE BOARD THAT HE HAD
RECEIVED A REQUEST FROM THE SCHOOL BOARD VIA SUPERINTENDENT BURNS IN
-REGARD TO TRANSPORTING 50 TRUCKLOADS OF MUCK FROM SEBASTIAN DOWN TO
THE PRACTICE FOOTBALL FIELD BEHIND THE VERO BEACH -SENI-OR HIGH SCHOOL.
GENERAL DEVELOPMENT WILL SUPPLY AN END LOADER, BUT IT WOULD REQUIRE
FOUR DUMP -TRUCKS, A GRADER AND A MIXER WITH OUR OPERATORS THREE DAYS
TO DO THIS.. THE ADMINISTRATOR ESTIMATED A.COST OF $2,123.
DISCUSSION FOLLOWED IN REGARD TO THE FACT THAT THE SCHOOL
DISTRICT HAS THEIR OWN MILLAGE AND THESE -COSTS END UP IN OUR BUDGET
AND MILLAGE. COMMISSIONER BIRD URGED THAT WE KEEP -IN MIND THAT THE
RECREATION COMMITTEE HOPEFULLY WILL COME UP WITH A BETTER WORKING
RELATI-ONSHIP, AND HE FELT THIS IS AN AREA WHERE WE ARE SHOWING A
PLEDGE OF FAITH. THERE WAS FURTHER CONVERSATION TO THE EFFECT THAT
THE COOPERATION HAS BEEN QUITE ONE-SIDED IN THE PAST.
61981,
115
ROOK 46 PACE 4.16
MAY 11-
o�46 PAF 17.
ON LOTION COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
BIRD,.THE BOARD BY A {l TO 1 VOTE, COMMISSIONER FLETCHER VOTING IN
OPPOSITION, AUTHORIZED THE ADMINISTRATOR TO COOPERATE WI-TH THE .
SCHOOL BOARD ON THE REQUEST -TO TRANSPORT-50-TRUCKLOADS.OF MUCK AS
REQUESTED BY THE SUPERINTENDENT.
BIDS #-82 AND #33 - SOLAR FILM & VERTICAL BLINDS. FOR WINDOWS IN
-COURTHOUSE AND ANNEX_
ADMINISTRATOR NELSON REPORTED THAT, UPON -REALIZING THE
PERSONNEL WERE HAVING PROBLEMS WITH THE SUN SHINING IN THROUGH THE
COURTHOUSE WINDOWS, THEY CHECKED INTO SOLAR FILM AND VERTICAL BLINDS.
THEY HAD NOT REALIZED THAT VERTICAL BLINDS WERE SO EXPENSIVE, AND
THEY ARE NOW RECOMMENDING THAT THE VERTICAL BLINDS NOT BE CONSIDERED,
BUT THAT WE DO USE THE SOLAR FILM. HE FELT THIS WILL BE AN ENERGY
SAVER; IT IS A RECOMMENDED BUILDING IMPROVEMENT; AND WE ARE GOING TO
BE TAKING AN ENERGY INVENTORY OF THE BUILDING. THEY RECOMMENDED
AWARDING THE BID FOR THE SOLAR FILM TO THE LOW BIDDER, SUN TECH AS
SHOWN IN THE FOLLOWING MEMO:
116
TO: Chairman, DATE: April 21, 1981. FILE:
Board of County Commissioners
S11a4EJECT:
• Bid Recommendations
FROM: Chairman, REFERENCES:
Bid Committee
Indian River County Bids #82 and 83 were opened and recorded at 11:00 A.M.,
April 14, 1981 at a public meeting held in the County Administrator's office,
2345 14th Ave., Vero Beach, F1. This meeting was advertised on March 19 and
21, 1981 in the Vero Beach Press Journal.
Bid X682 - Solar Film for the windows in the Courthouse and Annex
7 Bid Proposals sent out, 4 received
Sun Tech
15
days
to complete
$3386.75 . Low Bidder
Sun Reflecto
15
days
to complete.-
3520.00
Solar Master
30
days
to complete
3692.58
Energy Mizers
14
days
to complete
3944.42
Recommend Bid #82 be awarded to the Low Bidder - Sun Tech. This company
installed solar film at the Holiday Inn Oceanside, Indian River Community
College, and the -County Courthouse in Ft. Pierce. The service performed
was satisfactory and no complaints were lodged.
Fund Account X6102-220-519-35.29
Bid 6683 - 312" Vertical Blinds for windows in the Courthouse and Annex
_ 10 Bid Proposals sent out,
4 received
-Advanced Window Treatments
45
da} s.
to- complete
$7397.04 Low Bidder
Louverdrapes by Valerie -
45
days
to eomplete
8026.00
Windows of Distinction
45
days
to complete
10000.00
Sam Cobean.Draperies
30
days
to co*riprete
12210.00
The committee considered all bids to high. It is recommended we continue to
use the old existing blinds. These blinds can be cleaned and should last
another two �eav� .•
MOTION WAS MADE BY COMMISSIONER SCURLOCKj AND SECONDED
BY COMMISSIONER BIRD, TO AWARD THE BID ON THE SOLAR FILM TO SUN
TECK AS BEING THE LOWEST AND -BEST BIDDER IN THE AMOUNT OF $3386,75,
AND TO REJECT ALL BIDS ON THE VERTICAL BLINDS, AS RECOMMENDED BY
THE ADMINISTRATOR,
DISCUSSION FOLLOWED AS TO THE NUMBER.OF WINDOWS INVOLVED
AND WHETHER THE WINDOWS ON -THE NORTH AND SOUTH SHOULD BE DONE;
Mcli
AY: 6lid I 117 _
o 46 pAcE 41 8
d
.Y 61981
CHAIRMAN LYONS SUGGESTED THAT SOME FURTHER CHECKING BE DONE TO SEE
WHETHER OR NOT'THER-E ARE ANY WINDOWS BEING DONE THAT ARE NOT
NECESSARY AND THAT WE JUST AUTHORIZE THE SOLAR FILM INSTALLED ON
THOSE WINDOWS THAT ARE NECESSARY#
COMMISSIONER SCURLOCK REWORDED HIS MOTION AS FOLLOWS,
AND COMMISSIONER BIRD MODIFIED HIS SECOND: THAT BI.D #82 FOR SOLAR
FILM BE AWARDED TO THE LOW BIDDER SUN TECH IN AN AMOUNT UP TO
$3,386.75 FOR THOSE -WINDOWS WHICH IT IS DETERMINED WILL REQUIRE
INSTALLATION OF SOLAR FILM AND ALL BIDS ON BID #83 FOR VERTICAL
BLINDS BE REJECTED.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED -ON
AND CARRIED UNANIMOUSLY.
DISCUSSION RE COORDINATION OF TRANSPORTATION DISADVANTAGED SERVICES
ADMINISTRATOR NELSON NOTED THAT AT THE MEETING OF OCTOBER 22,
1980, -THE BOARD ACCEPTED THE PLANNING RESPONSIBILITY FOR TRANSPORTATION
FOR THE DISADVANTAGED ON THE BASIS THAT IT BE ACTIVATED AT SUCH TIME
AS THE COUNTY RECEIVED FUNDS FOR THE PROGRAM FROM THE DOT. IT APPEARS
THAT $8,000 IN FEDERAL FUNDS NOW HAVE BEEN ALLOCATED TO THE COUNTY
FOR THIS PURPOSE. THE ADMINISTRATOR WENT ON TO DISCUSS A REPORT
PREPARED FOR THE DOT IN 1979 ENTITLED "TREASURE COAST REGION -
ELDERLY AND HANDICAPPED TRANSPORTATION DEVELOPMENT PROGRAM AND
SEVERAL ALTERNATIVE PLANS OF ACTION.
AFTER SOME DISCUSSION, IT WAS FELT FURTHER STUDY WAS NEEDED.
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY TABLED THIS MATTER UNTIL THE NEXT
REGULAR MEETING.
CHANGE ORDERS:
THE FOLLOWING CHANGE ORDERS SIGNED BY ADMINISTRATOR NELSON
PER COMMISSION AUTHORIZATION OF AUGUST 11, 1979, ARE HEREBY MADE A
PART OF THE MINUTES:
COURTHOUSE: N0, 18 ADMINISTRATION BUILDING: N0. 2E
No. 19 No, 27
No, 20 No. 29
No. 30
No. 31
No, 32
118
l�NGE OWNER ❑
ARCHITECT
ORDER CONTRACTOR B
AIA DOCUMENT G701 FIELD ❑
OTHER
PROJECT: Indian River County CHANGE ORDER NUMBER: 18 (eighteen)
(name, address) Courthouse
TO (Contractor)
Reinhold Construction Inc ARCHITECT'S PROJECT NO: 9364
P.O.Box 666 CONTRACT F.ORAdd It ions &' Renovat ions
Cocoa, FL 32922
L _j CONTRACT DATE: 4-2-80
You are directed to make the following changes in this Contract:
CP -4o
Provide 4' X 1' water tight louver with fire damper In machine room 102 $1,638.57
West wall -finish off white to match unit
Provide 3' X 1'-6" water tight louver with fire damper in machine room
102 South wall -finish off w!lite to match wall.
Sketch Attached
rhe propoaed changes in the work may result in additional time
'equired beyond the contract completion date. Additional time
dill be added to the contract that is directly related to this change
)rder. The contractor will be paid for the additional required days
,t the rate of 5300.00 (three hundred) per day for fixed overhead
:Osts.
K
le original Contract Sum was
et change by previous Change Orders . . . ' . ' ' ' • • S 689,000.00
ie Contract Sum prior to this Change Order was . . . . • . S 143,181-38
e Contract Sum will be (increased) fifXXIXr ' $ - 832,181.38
- iK by this Change Order. . $ 1,638.57
?e new Contract Sum including this Change Order will be ..
e Contract Time will be (increased) (decreased) (unchanged) by $ 831,819-95 -
e Date of Completion as of the date of this Change Order therefore is ( """) Days.
1NN LL METCALF s EDDY
CHITECT
370 S_ nlyle Highwa
dress
rE
REINHOLD CONSTRUCTION INC _INDIAN RIVER COUNTY
CONTRACTOR
666 O�'�+� -14th Ave
Address _ Address
Cocoa- FL 32922 Vero Beach FL 32960
BY
DATE DATE /
DOCUMENT G71" CHANGE ORDER APRIL 1470 EDITION AIA®- • ®1970 •THE
RICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006 ONE PACE
MAY - 6 1981
119 acclK .46 pw 420
I
MAY 1 V � oo 4 421
CHANGE OWNER ❑
ORDER ARCHITECT• ❑
CONTRACTORFIELD
❑
A/A DOCUMENT G7. 1 OTHER . O
PROJECT: Indian River -County CHANGE ORDER NUMBER: 19
(name, address) Courthouse
TO (Contractrorr)
t Rel-nhold Construction inc ARCHITECT'S PROJECT NO: 9364
P.O. Bax 666 CONTRACT FORAdd It Ions S Renovations -
Cocoa, FL 32922
L CONTRACT DATE: 4-2-80
You are directed to make the following changes in this Contract:
CP -41
item #1 Install filter backed grilles, 14" X 8" in wall between Room #1229 $.1,257.03
and Room 230, 2nd floor Qf.Courthouse. Topof grille in Room #1229
to be 3" from ceiling. Top of grille In Room #230 to be 2" below
bottom of grille located in Ro3-n #229. -
item #2 Install 14" X 10" transfer grille in wall of Room #230 to ceiling
space of Room # 248. Provide fire damper.
Item #3 Install 121E X 8" transfer grille in wall of Room #242 to ceiling
space of Room #248. -Provide fire damper.
All of the above at the request of the Owner.
The proposed changes In the wark may result in additional time
required beyond the contract completion date. Additional time
will by added to the contract that is directly related to this.change
order, The contractor will be paid for the additional required days
at the rate of $300.00 (three hundred) per day for fixed overhead
Costs.
The original Contract Sum was . . . . . . . . . . . . . . . . . . .
Net change by previous Change Orders . . . . . . . . . . . . . . .
The Contract Sum prior to this Change Order was . . . . . . . . . . . .
The Contract Sum will be (increased) YA%*YAXMXXXdW90 by this Change Order.
The new Contract Sum including this Change Order will be . . . . . . . . .
The Contract Time will be (increased) (decreased) (unchanged) by
The Date of Completion as of the date of this Change Order therefore is
CONNFLL MET -ALF & EDDY
ARCHITECT
139n t nixie N1 way
Address
DATE f / 2
E NHO D CONSTRUCTION INC
CONTRACTOR__
Address
Cocoa, FL 32922
BY
DATE -moi % - .f J
. s 689,000.00
S 144,819.95
$ 833,819.95
.$ 1,257.03
$ 835,076.98
) Days.
INDIAN RIVER COUNTY
WNER
2145 14th Ave
Address
Vero Beach, FL 32960
\' A , ('X-- � 4
6
DATE —`7 I
AIA DOCUMENT GM - CHANCE ORDER - APRIL 1970 EDITION - AIAO - 0 1970 - THE ONE PACE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006
P
F;
CHANGE
ORDER
• AIA DOCUMENT 0701
OWNER
❑
ARCHITECT
❑
CONTRACTOR
p
FIELD
❑
OTHER
PROJECT: Indian River County
(name, address) County Courthouse
TO (Contractor)
r
Reinhold Construction Inc.
P,0-Box666
Cocoa, FL 32922
CHANGE ORDER NUMBER: 20 (twenty)
ARCHITECT'S PROJECT NO: 9364
CONTRACT FORAdditions & Renovations
L I CONTRACT DATE: 4-2-80
You are directed to make the following changes in this Contract:
CP -37 Provide carpet for corredor 249,color selected by the owner, $1,766.78
The proposed changes In the work may result in additional time
required beyond the contract completion date. Additional time ^—
will be added to the contract that is directly related to this change
order. The contractof will be paid for the additional required days
at the rate of$300.00 (three hundred) per day for fixed overhead
costs. The number of days requested are not reflected in the attached
documents.
The original Contract Sum was . . . . . . . . . . . . . . . . . . . S 6,25, 000, 00
Net change by previous Change Orders . . . . . . . . . . . . . .' . . . . S 146,076.92
The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . $ 835 , 076. c,:8
The Contract Sum will be (increased) (&V4VM)UXff 6W)by this Change Order . . . $ - 1,766-78
The new Contract Sum including this Change Order will be . . . . ... . . . . . $ 836,843-76
The Contract Time will be (increased) (decreased) (unchanged) by _ (' - -) Days.
The Date of Completion as of the date of this Change Order therefore is
CONNELL METCALF & EDDY REINHOLD CONSTRUCTION INC INDIAN RIVER COUNTY
ARCHITECT C9NTRACTO R
1120 S_ Dixle_H ohway P_O.Box b66 �+ 14th Ave
Address Address Address ,
taraj..C-V1 VLVALL locos- Ft_ 12922 Vero Beich. FL 31960
BY By_v BY� �- `•---�
DATE !Ol/ DATE MATC
AIA DOCUMENT GM ' CHANGE ORDER - APRIL 1970 EDITION - AIAS - O 1970 - THE ONE PAGE
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.C. 20006
MANY 6198 - - - - Boor- _4 6 PA ri 4.3.
,
PROJECT: Indian River County
(name, address) County Administration Bldg.
TO (Contractor)
Reinhold -Construction Inc.
P.O.Box 666
Cocoa, Florida 32922
CHANGE ORDER NUMBER: .26 Otwenty six)
ARCHITECT'S PROJECT- NO: 9363
CONTRACT FOR: Addition's l .Renovations
L CONTRACT -DATE 4-2-80
You are directed to make the following changes in this Contract:
CP -52 Raise the existing ducts for air conditioning in.rooms S-122 t; $533.12
S-123 to accomodate the new ceiling. An unforeseen condition.
The proposed changes in the Hark may result In additional time
required beyond the -contract completiom date. Additional time
will be added to the contract that is directly related to this change
order. The contractor will be paid for the additional required days
at the rate of $300.00 (three hundred) per -day for fixed overhead
costs. '
The original Contract Sum was . . . . ... . . . . . . . . . . . . ... $ 2,748,000.00
Net change by previous Change Orders . . . . . . . . . . . . . . . . . . S 224, 327.83
The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . $ 2,972,327-83
The Contract Sum will be (increased) FMMWXWfiAXW by this Change Order. . .$ 533.12
The new Contract Sum including this Change Order will be . . . . . . . . . . . $ 2,972,860.95
The Contract Time will be (increasgd) (decreased) (unchanged) by (---- ) Days.
The Date of Completion as of the date of this Change Order therefore is
rONNELL METCALF & EDDY REINHOLD CONSTRUCTION INC _INDIAN RIVER COUNTY
ARCHITECT CFNiR CTOR OL 147 14th Ave
1120 S_ Dixie Highway .O.sox 666
Address Address Address
F -33134 Cocoa, FL 32922 Vero Beach, FL 32960
By
By BY
DAT @ �rf'� DATE �- J DATE '— — 2 f
AIA DOCUMENT G781 • CHANCE ORDER • APRIL 1970 EDITION • AIA19 • O 1470 . THE ONE PACE
AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE.. NW, WASHINGTON, D.C. 21M
CHANGE �\OWNER
ARCHITECT .. +
❑
ORDER
CONTRACTOR
FIELD
B
❑OTHER
I A!A DOCUMENT G701
,
PROJECT: Indian River County
(name, address) County Administration Bldg.
TO (Contractor)
Reinhold -Construction Inc.
P.O.Box 666
Cocoa, Florida 32922
CHANGE ORDER NUMBER: .26 Otwenty six)
ARCHITECT'S PROJECT- NO: 9363
CONTRACT FOR: Addition's l .Renovations
L CONTRACT -DATE 4-2-80
You are directed to make the following changes in this Contract:
CP -52 Raise the existing ducts for air conditioning in.rooms S-122 t; $533.12
S-123 to accomodate the new ceiling. An unforeseen condition.
The proposed changes in the Hark may result In additional time
required beyond the -contract completiom date. Additional time
will be added to the contract that is directly related to this change
order. The contractor will be paid for the additional required days
at the rate of $300.00 (three hundred) per -day for fixed overhead
costs. '
The original Contract Sum was . . . . ... . . . . . . . . . . . . ... $ 2,748,000.00
Net change by previous Change Orders . . . . . . . . . . . . . . . . . . S 224, 327.83
The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . $ 2,972,327-83
The Contract Sum will be (increased) FMMWXWfiAXW by this Change Order. . .$ 533.12
The new Contract Sum including this Change Order will be . . . . . . . . . . . $ 2,972,860.95
The Contract Time will be (increasgd) (decreased) (unchanged) by (---- ) Days.
The Date of Completion as of the date of this Change Order therefore is
rONNELL METCALF & EDDY REINHOLD CONSTRUCTION INC _INDIAN RIVER COUNTY
ARCHITECT CFNiR CTOR OL 147 14th Ave
1120 S_ Dixie Highway .O.sox 666
Address Address Address
F -33134 Cocoa, FL 32922 Vero Beach, FL 32960
By
By BY
DAT @ �rf'� DATE �- J DATE '— — 2 f
AIA DOCUMENT G781 • CHANCE ORDER • APRIL 1970 EDITION • AIA19 • O 1470 . THE ONE PACE
AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE.. NW, WASHINGTON, D.C. 21M
CHANGE OWNER p
ARCHITECT
ORDER CONTRACTOR 8
FIELD 0
AIA DOCUMENT G701 OTHER
PROJECT: Indian River County CHANGE ORDER NUMBER:27 (twenty seven)
(name. address) Administration Bldg
TO (Contractor)
(— ARCHITECT'S PROJECT NO: 9363
Reinhold Construction Inc. CONTRACT FOR:Additions and Renovations
P.o.Box 666
Cocoa, FL 32922
L J CONTRACT DATE: 4-2-010
You are directed to make the following changes in this Contract:
CP -53 in the East Wing South in rooms 259,260, 248, 255, and 258 $2,2r.5.20
patch ana paint the paneling. In room 163 patch and paint
three walls. In room 2F.4 patch and paint three walls, also
install new drywall on the north wall of this room only.
At the request of the owner.
The proposed changes in the work may result in additional time
required beyond the contract completion date. Additional time
will be added .to the contract that is directly related to this change
order. The contractoe will be paid for the additional required days
at the rate of $300.00 (three hundred) per day for fixed overhead
costs. .
The original Contract Sum was . . . . . . .
Net change by previous Change Orders . . . . . . . . .
_ The Contract Sum prior to this Change Order was . . . .
The Contract Sum will be (increased) (a WNAX40xaAXl%**M*y this Change 'Order.
The new Contract Sum including this Change Order will be . . . . -
The Contract Time will be (increased) (decreased) (unchanged) by
The Date of Completion as of the date of this Change Order therefore- is
-'ONNELL METCALF b EDDY RRs -INHOLD CONSTRUCTION INC
132 ISE�D i x i H t ghway F.CINTIt
U. Box ?k -
Address Address
;oral Gables FL 3134 Cocoa, FL 32922
By—
DATE
Y DATE 7 / ? I I DATE - -7 -
S 2,748,000.00
$ - 224,860.95
$ 2,972,860.95
$ 2,265,80 -
$ 2,975,126.75 ,
i ---) Days.
INDIAN RIVER COUNTY
2145 14th Ave
Address
Vero Beach,'PL 32n:50
DATE 6 --
AIA DOCUMENT G701 • CHANGE ORDER • APRIL IM EDITION • AIA® • . 0 1470 • THE
AMERICAN INSTITUTE Of ARCHITECTS, 1735 NEW YORK AVE., NW, WASHINGTON, D.020006 - ONE PACE.
MAY.. iia 1�, 123 Roar �� PAI;F 494
' CHANGE
O NIR
AFHIT[CT
❑
7
iVIAI
611
BOOK 45:PAr,F-425
' CHANGE
O NIR
AFHIT[CT
❑
ORDER
CC TRAITOR-
g
Fl Et '
❑
_
AIA DOCUMENT G701 T( ER
"
PROJECT:
Indian River County.
CHANGE ORDER NUMBER: 29 (twenty-nine)
(name, address)
Administration Bldg.-
ldg.TO
To(Contractor)
-_
_
-ARCHITECT'S PROJECT NO: 9363
Reinhold Construction Inc.
CONTRACT FORAdditions "&'Renovations
P.O.Box 666
Cocoa, FL 32922
L
CONTRACT DATE: 4-2-80
You are directed
to make the following changes in this
Contract: -
CP -56
Widen the proposed 46' -6" -wide driveway shown on sheet SP -5 of the plans $510.99
the additionsl amount required to provide 13'-" clearance -from the corner
of the concrete collection tank for the old hospital incinerator as
shown in the attached sketch at the request of the owner. Provide thick-
ened sidewalk section where necessary.
The proposed changes In the work may result in additional time
required beyond the contract completion date. Additional time
will be added to -the contract that is directly related to this change
order. The contractoe will be-pald for the additional required days
at the rate of $300.00 (three hundred) per day for fixed overhead
costs. '
The original Contract Sum was . . . . . . . . . . . . . . . . . . . . . $ 2,749,000.00
Net change by previous Change Orders . . . . . . . . . . . . . . . . . . S 227,126.75
The Contract Sum prior to this Change Order was . . . . . . . . . . . . . . . S 2,975,126.75
The Contract Sum will be (increased) X1d4*i(bAXWX0*XlX d5y this Change Order . . . S 510.99
The new Contract Sum including this Change Order will be . . . . . . . . . . . $ 2 , 975,637-74
The Contract Time will be (increased) (decreased) (unchanged) by ( -- ) Days.
The Date of Completion as of the date of this Change Order therefore is
CONNELL METCALF & EDDY REINHOLD CONSTRUCTION INC_ INDIAN RIVER COUNTY
ARC�(ITECT �p TR CTO gj'Y{'j R 14th Ave
1"�20 S. Dixie Highway P 1 .�ox _66
Address Address Address
CnrAl nS61ac. F! 33134 Lon—L 32922 Vero Beach,//'�yy,FL 3f2960
BY Y A,
DATE DATE l - �- : - , '� DATE
AIA DOCUMENT 0701 . CHANCE ORDER • APRII 1970 EDITION • AIA6 - O 1970 - THE
AMERICAN INSTITUTE OF ARCHITECTS, 1733 NEW YORK AVE., NW, WASHINGTON, D.C. 20006
ONE PAGE
El
iHANGEOWNER
ARCHIT(CT
ARCH11
❑
B
ORDER
CONTRACTOR
FIELD
❑
AiA DOCUMENT 0701
OTHER
PROJECT: Indian River County CHANGE ORDER NUMBER: 30 (thirty)
(name. address) Administration Bldg.
TO (Contractor)
r Reinhold Construction Inc.
P.O.Box 666
Cocoa, FL 32922
'_� ARCHITECT'S PROJECT NO: 9363
CONTRACT FOR: Add i t ions stir Renovations
L . I CONTRACT DATE:4-2-80
You are directed to make the following changes in this Contract:
C? -49 Provide new exterior l fight at door W-180, Roars W162. reuse $607.31
existing switch. wiring, condult,etc. At the owners request.
The proposed changes in the tw:ork may result in additional time `
required beyond the contract completion date. Additional time
will be added to the contract that is directly related to this change
order. The contractot will be paid for the additional required days
at the rate of$300.00 (three hundred) per day for fixed overhead
costs. The number of days requested are not reflected.in the attached
documents.
The original Contract Sum was . . . . . . . . . . . . . . . . . . . S 2 , 748 , 000.00
Net change by previous Change Orders . . . . . . . . . ... . . . S 227,637.74
The Contract Sum prior to this Change Order was . S 2.5'75.637.74
The Contract Sum will -be (increased) )'l X%kX Kg4* by this Change Order . . -$ 607.31
The new Contract Sum including this Change -Order will be . . . . . . . . . . S 2 976,245.05
The Contract Time will be (increased) (decreased) (unchanged) by (- - -) Days.
The Date of Completion as of the date of this Change Osler therefore is
r0NNF`I KETrALF & EDDY
VVET, Dixle Highway
Address
8Y
DATE
REINHOLD CONSTRUCTION INC
CF, U, >%66
Address
roeog. FL 32922
Illy
r 1.
DATE
INDIAN RIVER COUNTY
'I`YAltR 14th Ave
Address ,
Vero Beach- FL 32960
t:y
DATE~ r �_
AIA DOCUMINT 6171 CHANGE ORDER • APRIL tti70 EDITION- • Ala®• m "7V THE ONE FACE —
AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. NW, WASHINGTON. D.C. X0006
125 - -,� PAGF 19�
MAY 61981
MAY 61981 - =
_ooK.. 46
CHANGE OWNER
ARCHITECT
ORDER CONTRACTOR
A/A DOCUMENT 0707 FIELD
OTHER
p
[�
(]
(�
PROJECT: Indian -River County_
(name, address) Admin 1 strat ion B idg,
CHANGE ORDER NUMBER: 3V (thirty one)
TO (Contractor) _
F
Reinhold Construction inc.
ARCHITECT'S.
PROJECT NO-: 9363
P.O. Box 666
CONTRACT
FOR: Add i t ions I; Renovations-
enovations-
Cocoa,
Cocoa, FL 32922-
L
_j
CONTRACT
DATE: 4/2/8
You are directed to make the following changes in this Contract
-
Item ##1
CCP T2_ Modify diffuser -s and duct AC supply
field
to
room N107
to adapt to $916.08
conditions.
Item ##2
Provide additional work as described
additional soffits
in
CO -20, to
construct $232,72
in space W193.
�-
The proposed changes in the vnrk msy result in additional time
required beyond the contract completion date. Additional time
will be added to the contract that is directly related to this change
order. The contractof will be paid for the additional required days
-at-. the rate of$300.00 (three hundred) per day for f ixed overhead
costs. The number of days requested are not reflected in the attached
documents.
The original Contract Sum was . . . . . . , . . . $ 2,748, 000.00
Net change by previous Change Orders . . .
The Contract Sum prior to this Change Order was . . ' ' ' . $ 228,245.05
The Contract Sum will be (increased) ,Y X(li,X • S 2,976,245.05
M by this Change Order . . .$ 1,148.80
The new Contract Sum including this Change Order will be
The Contract Time will be (increased) (decreased) (unchanged) by $ 2,977,393-85
•
The Date of Completion as of the date of this Change Order therefore is ( )Days.
C0.NII MFTr'el �� Fnny
ARCFJITECT
IIZQ s_ QjXje Highway
Address
BY
DATE
1:1NHD1 D r0NSTRItrTIQ r_I%lr__
CONTRACTO
Address
Lacoa
32
FL 922 /
BY �/t�1 LQ
DATE
INDIAN RIVER COUNTY
14tfi Ave
Address ,
Vero Beach FL 32960
BL �ar�
c
DATE , l
AIA ENT
1 * CHANCE
THE
AMERICANII+NSTI UTE OF ARCHITECTS, ORDER73S NEW YORK VE!, NW, WASHINGTON. D.C.•200M
ONE PACE
126
CHANGE O`%'NER ❑
i ARCHITECT
ORDER CONTRACTOR
FIELD ❑
AIA DOCUMENT G701 OTHER
PROJECT: Indian River County CHANGE ORDER NUMBER: 32
(name. address) Administration Bldg.
TO (Contractor)
Reinhold Construction Inc.
P.O.Box 666
Cocoa, FL 32922
thirtytwo ;
ARCHITECT'S PROJECT NO. 93b3
CONTRACT FOR: Add i t ions b Renovations
L _j CONTRACT DATE: 4/2/81
You are directed to make the following changes in this Contract:
Provide additional work as desr•ribed in CO -20, to constru. t ...
additional soffits in spaces' S106 & 5263,
The proposed changes in the work m9y result in additional time
required beyond the contract completion date. Additional time
will be added to the contract that is directly related to this change
order. The contractot will be paid for the additional required days -'
a the rate of$300.00 (three hundred) per day for fixed overhead
costs. The number of days requested are not reflected in the attached
documents.,
The original Contract Sum was . . . . . . . . . . . . . . . . g 2 , 748 , 000.00
Net change by previous Change Orders- . $ 229,393.85
The Contract Sum prior to this Change Order was . . . . . . . . . S " 2,977,3j3.85
The Contract Sum will be (increased) XXKWMyAXivY,4W by this Change Order. $ -442.22
The new Contract Sum including this Change Order will be . - S 2,977,836.07
The Contract Time will be (increased) (decreased) (unchanged) by t ) Days.
The Date of Completion as of the date of this Change Order therefore is
CQNF1l NFTPAI b EDDY-RFtNHOl D PDNSTR J T h Wt
ARITECT CONTRACTO
1 X10 -s_ Dixl P..0�Bax �66
Address - Address
Coral Chbl z FL 33134 Cacoa . F L 32922
my
DATE O DATE j -
AIA DOCUMENT G791 • CHANGE ORDER - APRIL 1471) EDITION • AIA6 d 1470 THE
AMERICAN INSTITUTE Of ARCHITECTS, 173S NEW YORK AVE., NW, WASHINGTON, D.C. 20006
INDIAN RIVER MVETY
145 14th -Ave
Address
Vero- !Beach. -FL 32960
DATE
ONE PAGE
MAY 6 198. fiaF29
THE SEVERAL BILLS AND ACCOUNTS AGAINST THE -COUNTY, HAVING
BEEN AUDITED, WERE EXAMINED AND FOUND TO-B.E CORRECT, WERE APPROVED AND
WARRANTS ISSUED IN SETTLEMENT -OF SAME AS FOLLOWS: TREASURY FUND
NOS. 70228 -_70568 -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 6:28 O'CLOCK P.M.
ATTEST:
CLERK
128
19