HomeMy WebLinkAbout8/19/1981WEDNESDAY, AUGUST 19, 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, AUGUST 19, 1981,
AT 8:30 O'CLOCK A.M. PRESENT WERE PATRICK B. LYONS, CHAIRMAN;
WILLIAM C. WODTKE, JR., VICE CHAIRMAN; DICK BIRD; ALFRED GROVER
FLETCHER; AND DON C. SCURLOCK, JR. ALSO PRESENT WERE NEIL A. NELSON,
COUNTY ADMINISTRATOR; L.S. "TOMMY" THOMAS, INTERGOVERNMENTAL 000RDI-
NATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMIS-
SIONERS; JEFFREY K. BARTON, FINANCE DIRECTOR; DAN FLEISCHMAN, BAILIFF;
AND JANICE CALDWELL AND VIRGINIA HARGREAVES, DEPUTY CLERKS.
THE CHAIRMAN CALLED THE MEETING TO ORDER.
COMMISSIONER BIRD LED THE PLEDGE OF ALLEGIANCE TO THE FLAG,
AND RABBI RICHARD AGLER, TEMPLE BETH SHALOM, GAVE THE INVOCATION.
ANNOUNCEMENT
CHAIRMAN LYONS STATED THAT THE BOARD SHOULD HAVE A WORKSHOP
ON THE BUDGET AND SUGGESTED THAT IT BE HELD ON MONDAY OR TUESDAY
OF NEXT WEEK. AFTER SOME DISCUSSION, THE BOARD DECIDED TO HAVE THE
BUDGET WORKSHOP AT 1:30 O'CLOCK P.M. ON MONDAY, AUGUST 24, 1981 AT
THE CITY MALL COUNCIL CHAMBERS.
md;
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS TO THE AGENDA.
THERE WERE NONE.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE REVISED MINUTES OF THE SPECIAL MEETING OF JULY 29, 1981.
8,60K47 FAA04
AUG 191981
u.
AUG 19 1981 soy 47 20
COMMISSIONER WODTKE REFERRED TO PAGE 11, PARAGRAPH 5 AND
SUGGESTED ADDING AFTER "ROUTE 60" THE FOLLOWING: "IN LIEU OF HAVING
IT AT THE ENTRANCE OF THE DEVELOPMENT ON ROUTE 60."
COMMISSIONER WODTKE REFERRED TO PAGE 11, SECOND LINE FROM
BOTTOM, AND SUGGESTED THE WORD "THEY" BE REPLACED BY "THE SOUTH COUNTY
FIRE DISTRICT."
COMMISSIONER WODTKE REFERRED TO PAGE 121 SECOND PARAGRAPH,
AND SUGGESTED THE FIRST LINE BE AMENDED TO READ: "LEE NUZIE, CIVIL
DEFENSE DIRECTOR, COMMENTED THAT THEIR DISASTER PLAN WAS TO GET ALL
RESIDENTS OUT OF THE MOBILE HOME COMMUNITY BY RECOMMENDING THAT THEY
LEAVE THE AREA AS THE COUNTY DOES NOT HAVE ADEQUATE SHELTERS FOR ALL
PEOPLE."
COMMISSIONER BIRD REFERRED TO PAGE 12, LINE 15, AND REQUESTED
THAT THE WORD "THEY" BE CHANGED TO READ "CIVIL DEFENSE".
COMMISSIONER WODTKE REFERRED TO PAGE 13, LINE -25, -AND
SUGGESTED THAT THE WORD "WILL" BE CHANGED TO "COULD." HE ALSO SUGGESTED
THAT THE LAST TWO SENTENCES OF PARAGRAPH FOUR BE AMENDED TO READ:
ft VILLAGE GREEN IS TO PAY THE EQUIVALENT COST OF SIGNALIZATION AT THE
ENTRANCE TO THE DEVELOPMENT ON ROUTE 60 IF THE LIGHT IS MOVED TO
RANCH ROAD. IN LIEU OF BUILDING A SHELTER ON THE SITE FOR CIVIL
DEFENSE PURPOSES, THE COUNTY WILL ACCEPT $50,000 CASH; MONIES TO BE
USED IN GENERAL CIVIL DEFENSE NEEDS OF THE COUNTY. FOR FIRE PROTECTION,
A ONE-HALF ACRE SITE WILL BE DONATED TO THE FIRE DISTRICT PLUS $25,000 -
OR $40,000 IF THE SITE IS NOT USED - ALL MONIES TO TRANSPIRE AT 50%
DEVELOPMENT OR WHEN READY TO CONSTRUCT, AND VILLAGE GREEN WILL KEEP
THE INTEREST."
ATTORNEY COLLINS STATED THAT THE DEVELOPMENT ORDER WILL BE
READY ON MONDAY, AUGUST 24, 1981.
ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMIS-
SIONER SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE REVISED MINUTES
OF THE SPECIAL MEETING OF .JULY 29, 19811 AS AMENDED.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE REGULAR MEETING OF AUGUST 5, 1981,
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER
BIRD, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR
MEETING OF AUGUST 5, 1981, AS WRITTEN.
THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS
TO THE MINUTES OF THE SPECIAL MEETING OF AUGUST 10, 1981.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER
FLETCHER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL
MEETING OF AUGUST 10, 1981, AS WRITTEN.
O DER AMERICAN EMPLOYMENT OPPORTUNITY WEEK - PROCLAMATION
CHAIRMAN LYONS READ THE FOLLOWING PROCLAMATION REGARDING
OLDER AMERICAN EMPLOYMENT OPPORTUNITY WEEK AND THEN PRESENTED THE
PROCLAMATION TO JUDI WELCHEL:
AUG 191991 BUSK .47 'PACE 206
3
AUG 191981 47 PkE207
P R 0 C L A M A T I 0 N -
WHEREAS, President Ronald Reagan has designated the week
of September 6th, 1981 as "OLDER AMERICANS EMPLOYMENT OPPORTUNITY
WEEK" .
WHEREAS, the purpose of this Proclamation is to expand
employment opportunities for OLDER AMERICANS by encouraging
enpiovers to recognize the great untapped potential of the
older worker's tremendous experience and knowledge.
NOW, THEREFORE, BE IT PROCLAIMED; BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, That
the Week of September Gth, 1981
shall be designated as
"OLDER AMERICANS EMPLOYMENT OPPORTUNITY WEEK"
BOARD OF C.O.WITY COMMISSIONERS OF
INDIAN krGV COUNTY, FLORIDA
- U I . -LA it
JOHN ROBBINS, ENGINEER, APPROACHED THE BOARD AND INTRODUCED
THE FOLLOWING MEMBERS OF HIS STAFF: RANDY MOSBY, LYNN MUELLER, AND
GUY WILLS. MR. ROBBINS THEN REVIEWED THE FOLLOWING INFORMATION
REGARDING BID NUMBERS 87, 88 AND 89:
TO: The Honorable Members of ®ATE: August 13, 1981 FILE:
the Board of County Commissioners
'_' J
FROM: Neil A. Nelson
County Administrator
SUBJECT: South County Water System -
Award of Contracts
REFERENCES:
On July 14, 1981, bids were received for Parts I, II, and III of the South
County Water System. All bids have been tabulated and reviewed by the
County's consulting engineers, Sverdrup & Parcel and Associates, Inc. and
the following contract award recommendations have been submitted.
PART DESCRIPTION RECOMMENDED BID AMOUNT BUDGET/ESTIMATE
I Distribution System
II Reverse Osmosis Equip.
III Reverse Osmosis Support
Facilities
Scarborough Const. $902,097.35 $1,316,908.50
Inc.
Water Services of $1,217,091.00 $1,597,660.00
America, Inc.
Gulf Contractors, $3,455,100.00 $3,414,247.00
Inc.
Total - . $5,574,288.35 $6,328,815.50
Although the recommended low bidders are approximately $754,527.15 below the
engineers' latest estimates, the total project costs are estimated to exceed
available funds by $425,808.81.
ALTERNATIVES AND ANALYSIS
Sverdrup and Parcel has submitted an extensive review of available alternatives,
which is attached to this report, along with the complete bid tabulations. The
Administration has reviewed this material and is in concurrence with the analysis
presented by Mr. Robbins. In -addition, the option of rejecting any or all bids
and directing the engineers to redesign the project to comply with the available
budget is available to the Board. However, this option would cause further
delays in bringing the system on line and could result in higher total costs as
deleted items are added or enlarged at later dates.
AUG 191991 BOOT( .47 PAcf 208
5
�AUG 19191
.. RECOMMENDATIONS AND'FUNDING
4' 47 Pk -E209
Primary funding for these projects is from Farmer's Home Administration
Grant and Notes. To fund the bid short -fall of $425,808.81, the Administration
recommends the Board of County Commissioners approve a loan from the MSTU
Fund to the Construction Fund in the amount of $450,000. There are sufficient
cash balances within the MSTU Fund to provide this loan. Loan repayment should
be made from the proceeds of future long-term financing from the Farmer's Home
Administration, or other sources.
Based upon approval of the above loan, the Administration recommends award of
bids, as follows:
Part I Distribution System Scarborough Const., Inc. $ 902,097.35
Part II Reverse Osmosis Equipment Water Services of
America, Inc. 1,217,091.00
Part III Reverse Osmosis Support
Facilities Gulf Contractors, Inc. 3,455,100.00
It is recommended the Board of County Commissioners approve the above actions
and authorize the County Administrator to issue appropriate "Notice(s) of Award".
Should there be any questions or should any additional information be desired,
please advise.
SVERDRUP & PARCEL AND ASSOCIATES, INC.
AND
BEINOORF AND ASSOCIATES, INC.
(A JOINT VENTURE)
Project 6674
No. 6858
August 12, 1981
Indian River County Board of
County Commissioners
c/o Mr. Neil A. Nelson, County Adm.
2345 - 14th Avenue
Lawyer's Title Building
Vero Beach, FL 32960
Re: Recommendation to Award Contracts
Part I, II and III, South County
Water System
Engineer's Project Nos. 6674, 6858
Dear Neil:
We have completed our review and evaluation of the Bids received July 14, 1981,
for Contracts Part I, II and III for the South County Water System. In addition,
we are presenting our recommendation to the Board of County Commissioners for
award of referenced Contracts, and will also outline three options available to
the Board of County Commissioners for implementing this project.
T
For your information and consideration, please find enclosed the following infor-
mation:
A. Bid Tabulation for Contract Part I, Distribution
,System - Number of Bidders, 14
B. Bid Evaluation for Contract Part II, Reverse Osmosis
Equipment - Number of Bidders, 7
C. Bid Tabulation for Contract Part III, Reverse Osmosis
Equipment Support Facilities - Number of Bidders, 4
D. Engineer's Estimate for each Contract (included with
each Contract Tabulation)
E. Project Cost Comparison for South County Water System
Improvements
F. Presentation of options available for implementing the
referenced Contracts
G. Notice of Award form (one for each Contract)
In an effort to inform the Board of County Commissioners as to the criteria
used in evaluating the Bids received for each of the three Contracts, we have
prepared a list of criteria applicable to each Contract which was used in
making our recommendations. Below is the list of criteria.
CONTRACT
Part I - Distribution System
Part II - Reverse Osmosis Equipment
Part III - Reverse Osmosis Equipment
`Support Facilities
CRITERIA
a. Bid in compliance with the
Contract Documents
b. Amount of Base Bid
c. Consideration of Deductive
Alternates
a. Bid in compliance with the
Contract Documents
b. Amount of Base Bid
c. Consideration of the information
submitted with Base Bid(1)
d. Consideration of Exceptions and
Variations to the Base Bid
e. Consideration of Deductive
Alternates
f. Considerations of multiple (second,
etc.) Bids containing Major Varia-
tions of Exceptions.to Contract
Documents(2)
a. Bid in compliance with the
Contract Documents
b. Amount of Base Bid
c. Consideration of Deductive
Alternates
1. Note: Evaluation of information submitted by each Bidder with his Bid
included consideration of membrane replacement cost during the warranty period
and consideration of power cost during the warranty period.
2. Several Bidders submitted multiple Bids containing Major Variations or
Exceptions to the Contract Documents. These Bids were evaluated fully. Comments
regarding second Bids are presented in Section I of the Bid Evaluation for
Contract Part II and in pages 11-15 of the Evaluation for Contract Part II.
AUG 191991 PACE 210
r A U G 191991
BOX 47 ?Acf211
Based on a review and evaluation of the Bids received, it is our recommendation
to award the Contracts as follows. Please note, other factors will be presented
herein and should be considered by the Board of County Commissioners before
making Award of Contracts.
Contract Part I -
Distribution System
Contract Part II -
Reverse Osmosis Equipment
Contract Part III -
Reverse Osmosis Equipment
Support Facilities
Award Contract to Scarborough
Construction, Inc. in the amount
of $902,097.35
Award Contract to Fater Services
of America, Inc. in the amount
of -$1,217,091.00
Award Contract to Gulf Constructors,
Inc. in the amount of $3,455,100.00
Furthermore, in order to provide the Board of County Commissioners with full
knowledge of this project and how the recommended Bids and other project costs
relate to the funds available, a Project Cost Comparison is presented in Table I.
As presented in Table I, the project requires additional funds in the amount of
$425,808.81. Please note, of this amount, $175,000 is set aside as a contingency
available during construction.
It should be noted, the Bids received for Contracts Part I, II and III represent
the construction -of a 2.5 MGD Reverse Osmosis (R.0.) Water Treatment Plant with
the capability of being expanded to 5.0 MGD without modification to the building
or the yard piping systems. The yard piping is actually sized for the ultimate
treatment plant requirements. To expand the treatment plant to 5.0 MGD would
only require the installation_ of four additional R.O. Units and applicable elec-
trical components along with two additional wells.
Please also note, Deductive Alternates were required in the Bid submittals.
The total amount of Deductive Alternates submitted by the apparent low Bidders
for each Contract was $148,639. Consideration of Deductive Alternates was
accounted for in our recommendation of Award of Contracts, and a deduct of $2,900
was considered in the Contract Part III Award amount.
The recommended Contract amounts for Parts I, II and III do not include the
remaining Deductive Alternates totaling $145,739. The Deductive Alternates are
primarily for smaller pipe sizes for yard piping and a spare high pressure booster
pump.
Furthermore, after a review of the Bids received with unit prices being
considered, the Deductive Alternates do not represent a long term savings
and will require added expenses in future expansions of the proposed facil-
ities.
There are several facts pertinent to this project which need presenting in
order for the Board of County Commissioners to make a decision as to implemen-
tation of this project.
1. The FmHA "take out letter" securing ultimate project
financing must be received prior to November 10, 1981.
2. The County has an outstanding loan of $450,000 for the
test well program to be reimbursed by the project fund.
Presently, the County has secured this loan by a cash
pledge of non-advalorem tax monies in the amount of
$500,000.
3. The Bids were received on July 14, 1981. The County
has 60 days to award a Contract or consider rebidding
the project. Contracts should be awarded prior to
September 14, 1981. Bidders are only required to hold
their Bid Bonds and prices for 60 days.
- M M
At the point in time in which it was determined additional funds were apparently
required to implement the project, a meeting was requested by the Joint Venture
with the County Financing Staff, County Utilities Director and Interim Finance
Consultant. All staff members concurred additional funds were in fact required.
In addition, the meeting generated three options available to Indian, River County
for implementing this project. The following will present the three options
developed by the -County's Consulting Engineer, Interim.Finance Consultant, County
Finance Staff and County Utilities Director to implement this project and keep
it on schedule.`
OPTION 1
Consider allowing the Deductive Alternates of $145,739 for Contracts
Part I, II and III. Utilize the existing residual of impact fees
collected by the Utilities Department. The residual impact fees are
approximately $110,000. Eliminate the contingency -of $175,000. The
actual remaining required funds less contingency would be $250,808.81.
The use of impact fees and Deductive Alternates would yield $255,739
leaving $4,930.19 in the project fund.
Drawbacks to Option 1
a. Deductive Alternates will require additional expenses in
the future expansion of the facilities.
b. The project fund will not have a contingency fund during
construction.
OPTION 2
The County could put up $425,808.81 in cash from non-advalorem tax
monies to secure the total project financing.
Drawback to Option 2.
a. Requires use of cash reserves which may not be immediately
available.
OPTION 3
The County could pledge legally available, non-advalorem tax monies
in the amount of $425,808.81 to secure the project financing. After
award of Contracts, additional revenue bonds could be validated to
replace the cash pledge.
Drawback to Option 3
a.. Validation of additional Revenue Bonds. However, not consid-
ered a major drawback.
After careful review of the options available, it was the unified recommendation
of the parties previously described, Option 3 was the best option.
In an effort to provide complete details of Option 3, the following information
is presented:
The $500,000 cash presently being used to secure the $450,000
loan for the test well program could be used as a cash pledge
for the additional funds required to implement the project.
After award of Contracts, begin making arrangements to validate
additional water revenue bonds, possibly using the remaining
$1,959,000 in outstanding FmHA loan commitments as an ultimate
source of funds for the additional funds required.
191991 g BaQx 47. PAcE812
r91 ee�
AUGU G 19 Boo .� 7 PAGE 213
After careful review and evaluation of the Bids received and consideration of
the funding requirements, the following are the recommendations of the Joint
Venture:
1. Approve Option 3 described herein for additional funding
to secure financing of South County Water System.
2. Award Contracts for the South County Water System as follows:
a. Contract Part I - Scarborough Construction, Inc., in
the amount of $902,097.35.
b. Contract Part II - Water Services of America, Inc., in
the amount of $1,217,091.00.
c. Contract Part III - Gulf Constructors, Inc., in the
amount of $3,455,100.00.
3. Authorize the Chairman to sign the Notice of Award for each
Contract part.
We respectfully request to be placed on the Board of County Commissioner's
Agenda for their meeting on August 19, 1981. We will also be available to
discuss the items contained herein with the County Staff and/or Board Members
prior to the meeting of August 19, 1981.
Should you require further information or clarification, please call.
Very truly yours,
ohn A. Robbins
For the Joint Venture
TABLE I
PROJECT COST COMPARISON
Project Costs
1. Construction Bids
Funds Available
1. Par Amount of Notes
2. Accrued Interest
3. FmHA Grant
4. Investment Income
5. Additional Investment Income
6. Proportional Cost by School'Board for
01 A
$5,825,000.00(3)
$ 16,374.72(3)
$ 796,900.00(3)
$ 447, 116.95 (3)
$ 185,000.00(4)
Providing Water Service to s o rea
School $ 17,100.00�5�
Funds Available - $7,287,491.67
Funds Required - $7,713,300.48
Additional Funds Required - $ 425,808.81
A U G 191981
11
47 PAGE.
Contract Part I
$ 902,097.35
Contract Part II
1,217,091.00
Contract Part III
3,455,100.00
$5,574,288.35
2.
Engineering Services
$ 549,425.95(1)
3.
Contingency
$ 175,000.00(2)
4.
Payment of Tax Anticipation Note
$ 450,000.00(3)
5.
Interest During Construction
$ 789,316.67(3)
6.
Issuance Expenses
$ 53,700.00(3)
7.
Note Discounts
$ 87,375.00(3)
8.
Cost Reimbursement for Paid Florida
Elevated tank
$ 24,087.71
9.
Cost Reimbursement for construction
of 12" water line on U.S. 1
$ 10,106.80
Total Project Costs
- $7,713,300.48
Funds Available
1. Par Amount of Notes
2. Accrued Interest
3. FmHA Grant
4. Investment Income
5. Additional Investment Income
6. Proportional Cost by School'Board for
01 A
$5,825,000.00(3)
$ 16,374.72(3)
$ 796,900.00(3)
$ 447, 116.95 (3)
$ 185,000.00(4)
Providing Water Service to s o rea
School $ 17,100.00�5�
Funds Available - $7,287,491.67
Funds Required - $7,713,300.48
Additional Funds Required - $ 425,808.81
A U G 191981
11
47 PAGE.
x _
AUG 191981 ao % FACE 215
Notes:
1. Engineering Fees were calculated on the basis of FmHA fee curves
for the Project Construction Cost. Additional Services have been added to
indicate Total Engineering Fees.
2. The original contingency amount was $238,000. However, after review
by Staff, it is felt a figure of $175,000 will be adequate.
3. Figures shown were taken from the "Official Statement dated May 12, 1981,'
Indian River County $5,825,000 plater Revenue Bonds".
4. Additional Investment Income shown is based on a calculation using
existing construction draw schedule. This figure will be revised after award
of Contracts based on actual draw schedule.
5. Funds per Agreement with Indian River County School Board.
SVERDRUP & PARCEL AND ASSOCIATES, INC.
AND
BEINDORF AND ASSOCIATES, INC.
(A JOINT VENTURE)
Project No. 6674
6858
August 12, 1981
mrmnPANnt im
TO: Mr. Neil A. Nelson
County Administrator
FROM: John A. Robbin e—
SUBJECT: Review of Information Submitted by
Hydranautics Water Systems
South County Water System
Engineer's Project Nos. 6674, 6858
We have received a package of information from Hydranautics Water Systems, Inc.
(HWS), a company that submitted a Bid for the South County Water System. A copy
of Hydranautics' letter has been hand delivered to you on August 6, 1981.
Basically, the letter presents an analysis performed by HWS to arrive at an
annual expense at the end of a 15 year period. This analysis was performed
utilizing assumptions made by HWS for both the HWS Bid and two other Bidders.
After review of the referenced letter, we offer the following comments:
1. We find it highly unusual to receive information and a
Bid analysis of other Bidders after Bids have been received.
2. We disagree with several assumptions made in the HWS sub-
mittal, primarily the figures used for power cost in the
comparison of the two other Bidders and the figures used
for membrane replacement in the comparison of other Bidders.
3. The annual equivalent cost factor used for the FmHA loan is
incorrect. The loan period is for 38 years, -not 40 years.
4. The Bid received by HVIS is over the Engineer's Estimate
and out of the budget for this project.
5. Although the comparisons shown are for 15 years, it does
not consider the amortization of capital cost which will
continue for another 23 years.
We have fully evaluated all Bids received for this project and will submit our
recommendation for Award of Contracts to your.office on August 12, 1981.
We recommend this Memorandum and copy of the letter received by Hydranautics
(dated 08/01/81) be attached to our letter of recommendation to the Board.
August 5, 1981
Mr. Paul Gira
Hydranautics Water
P. 0. Box 3690
Santa Barbara, CA
Dear Paul:
qoZhnA. Robbins
For the Joint Venture
SVERDRUP & PARCEL AND ASSOCIATES, INC.
AND
BEINDORF AND ASSOCIATES, INC.
(A JOINT VENTURE)
Systems
93105
n7 AUG 1921
Project8,�:,: a ::•.
Re: Indian River .County
South County Water System
Engineer's Project Nos. 6858, 6674
We are in receipt of your letter dated August 1, 1981 concerning the bid
information for the above referenced project. As you are aware, bid infor-
mation was received by interested bidders by Indian River County on .
July 14, 1981. At that time, and as outlined in the Specifications, prospec-
tive bidders were to submit information requested by the Contract Documents
and to be considered complete and full.
We have reviewed your letter of August 1, 1981, and consider the submittal of
information after a public bid to be highly irregular. However, it has been
reviewed. In addition, after review of the information contained in your
August 1st letter, we feel some of the assumptions made in your letter do not
apply specifically to the information submitted by other bidders. Furthermore,
we find it highly unusual for one public bidder to make comment and evaluate
bids submitted by other bidders after public bids have been opened and read
aloud.
We anticipate making a recommendation for award of contracts for the above
referenced projects on or near August 19, 1981. After our recommendation has
been submitted to the Board of County Commissioners, we will be more than happy
to forward a copy of the bid tabulation evaluation to you.'
Should you require further information or clarification, please call.
Very truly yours,
ohn A. Robbins
AUG 191981 For the Joint Venture
47 PAGt 216
Fr
AUG 191981 47 %E 217
THE BID TABULATIONS FOR PART I - DISTRIBUTION SYSTEM;
PART II - REVERSE OSMOSIS EQUIPMENT; AND PART III - REVERSE OSMOSIS
EouIPMENT SUPPORT FACILITIES ARE ON FILE IN THE OFFICE OF THE CLERK.
MR. ROBBINS ADVISED THAT 14.BIDDERS RESPONDED FOR PART I;
7 BIDDERS RESPONDED FOR PART II; AND 4 BIDDERS RESPONDED FOR PART III.
HE COMMENTED THAT THIS WAS LOOKED AT IN VERY GREAT DETAIL; IN FACT,
HIS ENTIRE STAFF HAD GONE THROUGH THE EVALUATION. MR. ROBBINS THEN
EXPLAINED THAT HE AND HIS STAFF TOOK EXCEPTION TO SOME STATEMENTS IN
THE LETTER FROM HYDRANAUTICS, INC., ONE OF THE BIDDERS. HE SPOKE
OF THE CRITERIA HE AND HIS STAFF USED FOR CONSIDERATION OF THE BIDS;
THEN REVIEWED THE PROJECT COST SUMMARY; AND EXPLAINED THE -SHORT --;FALL OF
$425,808.51. HE ADDED THAT THEY ORIGINALLY ANTICIPATED AN OVERRUN BUT
BASED ON THE ACTUAL BIDS RECEIVED, THIS WAS NOT THE CASE.
LENGTHY DISCUSSION FOLLOWED REGARDING CONTINGENCIES.
MR. ROBBINS COMMENTED THAT THEY HAD ORIGINALLY BUDGETED
THE PURCHASE OF 10 ACRES OF LAND BUT THE ACTUAL PURCHASE WAS 42 ACRES
FOR $210,000; WHICH MADE THEM $160,000 OVER BUDGET. HE ADDED THAT
THE PROJECT WAS ESTIMATED IN 1979 AND ESCALATION FIGURES WERE USED.
HE ALSO STATED THAT THE TREATMENT PLANT WAS $96,000 OVER BUDGET. MR.
ROBBINS EXPLAINED THE DEDUCTS TO THE BOARD.
COMMISSIONER SCURLOCK FELT THE ENGINEERING SERVICES WERE
APPROPRIATE, AND POINTED OUT THAT THERE HAS BEEN A DELAY IN THE PROJECT
DUE TO LACK OF INFORMATION FROM FMHA.
DISCUSSION FOLLOWED.
FINANCE DIRECTOR BARTON EXPLAINED THE INTERIM FINANCING.
HE STATED THAT WHEN THE $450,000 BECAME DUE, THERE WAS $500,000 WORTH
OF SECURITIES PLACED AS COLLATERAL TO SECURE THAT LOAN,
COMMISSIONER SCURLOCK STATED THAT HE DID NOT LIKE INTER -
FUND BORROWING, BUT IT APPEARED IT WAS THE ONLY VEHICLE THAT WAS
REASONABLE. HE COMMENTED THERE WAS NO AD VALOREM TAX MONEY THAT WAS
GOING TO BE USED TO SUPPORT THIS SYSTEM.
INTERGOVERNMENTAL COORDINATOR THOMAS DISCUSSED THE PURCHASE
OF THE 42 ACRES OF LAND FOR THIS PROJECT. HE WANTED TO CLEAR, UP A
MISUNDERSTANDING REGARDING A STATEMENT MADE THAT THE BIDS CAME IN
OVER OR UNDER BUDGET - IT SHOULD BE THAT THEY CAME IN OVER OR UNDER
CONSTRUCTION ESTIMATES."
LENGTHY DISCUSSION ENSUED REGARDING THE INTERIM FINANCING.
MR. ROBBINS REITERATED THAT THERE WAS $500,000 WORTH OF
SECURITIES PLACED AS COLLATERAL TO SECURE THE $450,000 LOAN. AS SOON
AS THE COUNTY RECEIVES THE TAKE-OUT LETTER FROM FMHA GUARANTEEING
THAT THEY WILL PURCHASE THE WATER REVENUE BONDS OF $5.8 MILLION, THE
$450,000 WOULD BE REPAID BY USE OF THAT PERMANENT LOAN AND THAT THEN
FREES THE COLLATERAL USED TO SECURE THE LOAN. HE THEN REFERRED TO
OPTION 3 IN HIS LETTER WHICH WOULD TAKE THAT COLLATERAL AND USE IT
AGAIN TO SECURE THE COST SHORTFALL. MR. ROBBINS ADVISED THAT HE HAS
BEEN IN CONTACT WITH THE FMHA REGARDING ALL OF THIS.
COMMISSIONER FLETCHER INQUIRED ABOUT ACCEPTING THE BIDS
BEFORE RECEIVING THE TAKE-OUT LETTER.
MR. ROBBINS EXPLAINED THAT THE.FMHA REQUIRED THAT THE BIDS
BE RECEIVED ON ALL THREE CONTRACTS AT THE SAME TIME; THEY ALSO REQUIRE
THAT THE CONTRACT DOCUMENTS BE IN FULL FORM BEFORE FMHA REVIEWS THEM.
ALSO, HE COMMENTED, THE CONTRACTOR HAS TO BE AWARDED, AND HIS
PERFORMANCE BOND MUST BE PRESENTED TO FMHA, ALL OF THE VARIOUS DOCUMENTS
MUST BE DELIVERED TO FMHA - THEY REVIEW THEM, AND THEN ISSUE THE
TAKE-OUT LETTER. MR. ROBBINS COMMENTED HE HAD SOME INDICATION THAT
THIS WOULD TAKE PLACE ON SEPTEMBER 8, 1981. HE EMPHASIZED THAT THE
CONTRACT IS NOT ENFORCEABLE UNTIL IT IS APPROVED BY FMHA,
MORE DISCUSSION FOLLOWED REGARDING THE FINANCING, AND THE
BOARD ASSURED INTERGOVERNMENTAL COORDINATOR THOMAS AND FINANCE
DIRECTOR BARTON THAT ALL OF THEIR EFFORTS WERE APPRECIATED BY THE
ATTORNEY COLLINS AGREED THAT THE PROCESS IN PUTTING THIS
PACKAGE TOGETHER IS RATHER DIFFICULT, BUT FELT THAT EVERYTHING WAS
ON COURSE.
AUG 191991 A -00K 47 PAGE 218
15
{
AUG 191981 flo 47
MR. ROBBINS THEN REVIEWED THE THREE OPTIONS REFERRED TO
IN HIS LETTER DATED AUGUST 12, 1981 TO ADMINISTRATOR NELSON, AND
RECOMMENDED OPTION 3. HE THEN ADVISED THE BOARD THAT HE CALLED
PSR. BOSTWICK AT THE DFPARTMENT OF ENVIRONMENTAL REGULATION EARLIER
THIS MORNING AND WAS INFORMED THAT THEY ARE NOW REQUIRED TO OBTAIN
AN INDUSTRIAL WASTE PERMIT. MR. ROBBINS EXPLAINED THAT THEY HAVE BEEN
WORKING WITH THIS DEPARTMENT FOR OVER TWO YEARS AND THEY HAD NEVER
RECEIVED ANY INFORMATION UNTIL THIS MORNING ON THIS MATTER. MR.
BOSTWICK ADVISED MR. ROBBINS THAT HE COULD NOT GUARANTEE ANYTHING
WITHIN TEN DAYS; BUT WITHIN TEN DAYS THE COUNTY IS TO EXECUTE THE
CONTRACT DOCUMENTS AND ALL PERMITS MUST BE IN HAND WHEN SENT TO FMHA.
AS A RESULT OF THE ACTION THIS MORNING, MR. ROBBINS STATED THAT HE
COULD NOT SAY THAT WE HAVE ALL THE PERMITS ItINHAND. It HE, THEREFORE,
MUST RECOMMEND THAT THE COUNTY AWARD THE CONTRACTS CONTINGENT UPON
OBTAINING THE INDUSTRIAL WASTE PERMIT FOR THIS PROJECT. HE FURTHER
ADVISED MR. BOSTWICK THAT HE -WOULD BE IN THEIR OFFICE THE NEXT MORNING
REGARDING THIS PERMIT AND RECOMMENDED THAT THE CHAIRMAN AND ADMINIS-
TRATOR ACCOMPANY HIM TO SEE MR. SINKOVICH AND MR. BOSTWICK AT THE
DER, AND REQUEST AN EXPLANATION AS TO WHY THEY NOW DECIDE THAT THIS
IS A REQUIREMENT AT THE ELEVENTH HOUR, MR. ROBBINS STATED HE WAS
EXTREMELY SHOCKED, AS HE KNEW THAT NO OTHER PLANTS HAVE BEEN REQUIRED
TO HAVE THIS PERMIT IN FLORIDA.
MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COM-
MISSIONER BIRD, THAT THE BOARD AUTHORIZE INTER -FUND BORROWING FOR
THIS PROJECT FROM THE MUNICIPAL SERVICE FUND IN THE AMOUNT OF $450,000.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION.
LOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COM-
MISSIONER BIRD, THAT THE BOARD AWARD THE CONTRACT FOR PART I,
DISTRIBUTION SYSTEM, TO SCARBOROUGH CONSTRUCTION, INC., AS BEING THE
LOWEST AND BEST BIDDER, IN THE AMOUNT OF $902,097.35; PART II, REVERSE
OSMOSIS ECJUIPMENT, TO WATER SERVICES OF AMERICA, INC., AS BEING THE
LOWEST AND BEST BIDDER, IN THE AMOUNT OF $1,217,091.00; AND PART III,
REVERSE OSMOSIS SUPPORT FACILITIES, TO GULF CONTRACTORS, INC., AS
BEING THE LOWEST AND BEST BIDDER, IN THE AMOUNT OF $3,455,100,00,
CONTINGENT UPON RECEIVING THE NECESSARY REQUIRED PERMITS, AND TO
APPROVE AUTHORIZATION TO NEGOTIATE FOR ADDITIONAL EXTENSIONS.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION.
MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COM-
MISSIONER BIRD, THAT THE BOARD AUTHORIZE THE CHAIRMAN AND THE NECESSARY
ADMINISTRATIVE STAFF TO TRAVEL TO ORLANDO, FLORIDA IN CONNECTION WIT`S
OBTAINING THE NECESSARY PERMITS.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION.
MR. ROBBINS CONCLUDED BY STATING THAT HE WOULD KEEP THE
CHAIRMAN AND THE ADMINISTRATOR ADVISED OF THE TIME FRAME ON THIS
PROJECT. HE COMMENTED THAT HE WOULD STAY WITH FMHA UNTIL HE RECEIVED
THE TAKE-OUT LETTER, MR. ROBBINS FELT ALL OF THE EFFORTS PUT FORTH
WILL GETTHECOUNTY A FINE WATER SYSTEM.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION X10. 51-56 HONORING
ALDIS P. BUTLER.
17
�� 47 PAGE 220
AU G 1909P1
6box 47 PAu 221
� n n n n n n
WHEREAS, the Indian River County Community thrives through
the volunterism and generous dedication of time contributed by
residents who live in our County; and
WHEREAS, ALDIS P. BUTLER has from 1964, dedicated himself
to promoting high ideals and increasing the quality of life
within Indian River County; and
WHEREAS, ALDIS P. BUTLER has served on the Civic Arts
Advisory Committee for the City of Vero Beach from its inception
in 1969 -through September -1, 1981 and has served as Chairman
of the Civic Arts Center Property Development Committee; and
WHEREAS, ALDIS P. BUTLER serves on the Board of Trustees of
the Vero Beach Community Trust, the Board of Directors of Friends
of Riverside Theatre, and the Board of Trustees of the Alliance
for the Arts; and
WHEREAS, ALDIS P. BUTLER has previously served as President
of the Vero Beach -Indian River County Chamber of Commerce, has
served on the United Way of Indian River County, Heart Association(
of Indian River County, and as President of the Indian River County
Red Cross; and
WHEREAS, ALDIS P. BUTLER, through his volunteer efforts,
has substantially improved and increased the cultural activities
available to the citizens of our County;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COM-
MISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, on behalf of all
the citizens of our County, a grateful appreciation is expressed
and acknowledged for the untiring efforts of ALDIS P. BUTLER
in leading and serving our County through the accomplishments
described;
BE IT FURTHER RESOLVED, that the Board of County Com-
missioners honors•ALDIS P. BUTLER and wishes him great success
in the up -coming Western venture with the knowledge that, upon
your departure, Indian River County will have lost a strong leader
a dedicated volunteer and a good friend.
Said Resolution shall become effective as of the 19th
day of August , 1981.
M
U9
Chairman, Colkv tommi
THE HOUR OF 10:00 O'CLOCK A.P. 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 � . _5.4c , 112.
in the
lished in said newspaper in the issues ofT
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 meAhis qday of__A.D.
(SEAL)
(/ ) `('3usiness Manager)
(Clerk of the Circuit Court, InNn River County, Florida)
NOTICE
NOTICE IS HEREBY GIVEN that the Board
of County Commissioners of Indian River
County, Florida, will hold a public hearing on
August 19,-1981, at 10:00 A.M., in the Clt•,•
Councll Chambers in the Vero Beach City Half,
to consider the adoption of an,
Ordinance establishing, a deferred com-
pensation program for.the officers and em-
ployees of Indian River County, Florida;
approving and adopting the National
Association •: of Counties Deferred Com-
pensation Program; designating the Public
Employees Benefit Services Corporation to
administer the plan; authorizing the County
Administrator or his designate to enter into
participation agreements with County officers
and employees; creating a Deferred- Com-
pensation Program Committee to review plan
performance and consider claims for hardship
distribution; designating such Committee to
make determinations pursuant to Florida
Statute Section 112.215 (6)(b). regarding in-
come tax and retirement provisions of such
plan; and providing an effective date. -
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
record includes the testimony in evidence on
which the appeal is based.
Board of County Commissioners
Of Indian River County, Florida
By: -s -Patrick S. Lyons
Chairman
July 30, 1 981 .
THE BOARD REVIEWED THE FOLLOWING MEMORANDUM FROM THE
ADMINISTRATOR:
AUG 191991 Boox 47 PAGE 222
I
TO: The Honorable Members of DATE:
the Board of County Commissioners
jl,)J)t%
FROM: Neil A. N e 1 s o n
County Administrator
August 13, 1981 FILE:
SUBJECT: Deferred Compensation Plan
REFERENCES:
At it's meeting of June 17, 1981, the Board approved the Administration's
recommendation to authorize participation in the deferred compensation
program sponsored by -the National Association of Counties and called for a
public hearing to consider adoption of an appropriate ordinance establishing
the plan. The ordinance has been prepared by the County Attorney and is now
before the Board for appropriate action.
Prior to submitting it's original proposal, the Administration received and
reviewed information regarding several deferred compensation plans. Since
the meeting of June 17, 1981, we have received and reviewed information from
additional deferred compensation sponsorsi
Based upon these reviews, the Administration believes the NACO Plan provides
the best overall package to those Indian River County employees most likely
to participate in a program of this.type.
Accordingly, the Administration recommends the Board of County Commissioners
adopt the proposed ordinance and authorize implementation of the NACO Deferred
Compensation Program.
THE BOARD THEN DISCUSSED THE PROPOSED ORDINANCE. THEY
ALL AGREED THEY DID NOT WANT TO BE PUT IN THE POSITION OF CHOOSING
THE COMPANY FOR THIS PROGRAM.
CHAIRMAN LYONS FELT THE BOARD SIMPLY WANTED TO MAKE THIS
PLAN AVAILABLE AND HAVE THE DEFERRED COMPENSATION COMMITTEE STUDY IT
AND MAKE THE CHOICE,
ATTORNEY COLLINS COMMENTED THAT THE BOARD CAN STRUCTURE THE
ORDINANCE TO MAKE THE SERVICE AVAILABLE TO ITS EMPLOYEES, WITH THE
FINANCE DEPARTMENT WORKING OUT THE DEDUCTIONS. HE CONTINUED THAT
THE ADMINISTRATOR WOULD BE THE DIRECT REPRESENTATIVE OF THE COUNTY
IN PUTTING THE PLAN TOGETHER.
DICK BONAFIDE, OF PEBSCO, CAME BEFORE THE BOARD AND REVIEWED
THE "JACO DEFERRED COMPENSATION PROGRAM. HE EXPLAINED THAT THE
EMPLOYEES COULD NOT PARTICIPATE IN THIS PROGRAM WITHOUT THE COUNTY
ESTABLISHING IT; AND THE ASSETS OF THOSE FUNDS WOULD BE IN THE HANDS
OF THE COUNTY. MR. BONAFIDE ADVISED THAT IN THE SCHOOL SYSTEM, THE
FUNDS ARE IN THE HANDS OF THE EMPLOYEE. HE THEN EXPLAINED THE TAX
SHELTER ANNUITY. MR. BONAFIDE NOTED THAT IT WOULD BE DIFFICULT FOR
A SMALLENTITY TO HAVE THIS PROGRAM BECAUSE OF THE ECONOMICS INVOLVED;
THAT IS WHY JACO IMPLEMENTED THE PROGRAM AND THE COUNTY CAN ADOPT IT
AT NO COST.
FINANCE DIRECTOR BARTON INQUIRED IF A W-2 FORM WOULD BE
GIVEN TO THE EMPLOYEE AT THE TIME OF WITHDRAWAL; AND WHAT THE DOLLAR -
WISE PARTICIPATION WOULD BE ANNUALLY.
MR. BONAFIDE RESPONDED AFFIRMATIVELY AND CONTINUED THAT THE
AVERAGE AMOUNT WOULD BE FROM $800 TO $1,200 ANNUALLY.
COMMISSIONER WODTKE INQUIRED IF THE FUNDS THAT ARE DEDUCTS_
FROM AN EMPLOYEE'S ACCOUNT COULD BE USED AS SECURITY.
MR. BONAFIDE RESPONDED NEGATIVELY. HE THEN EXPLAINED THE
HOLD HARMLESS PROVISION IN THEIR PROGRAM.
RICHARD LYNN, EQUITABLE LIFE ASSURANCE CO., CAME BEFORE
THE BOARD AND EXPLAINED THE PLAN OFFERED BY EQUITABLE. THE COUNTY
WOULD HAVE UP-TO-DATE ACCURATE ACCOUNTING, AND THE EMPLOYEES WOULD
RECEIVE A REPORT EVERY TWO WEEKS AT THEIR HOME. MR. LYNN STATED THAT
WHEN AN EMPLOYEE IN THIS PROGRAM RETIRES, THEY WOULD BE FOOLISH TO
TAKE A LUMP SUM DISTRIBUTION FOR THE YEAR; INSTEAD, THEY COULD ELECT
TO HAVE THOSE PAYMENTS MADE OUT ON AN ANNUITY BASIS.
MORE DISCUSSION FOLLOWED.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
BIRD, THE BOARD UNANIMOUSLY AGREED TO CONTINUE THIS DISCUSSION TODAY
AT 1:30 O'CLOCK P.M.
21
8001( 47 PACE 224
AUG 191991 80th4 7 2,25
ESTER RYMER, BUILDING DIRECTOR, APPROACHED THE !BOARD AND
REVIEWED THE FOLLOWING MEMORANDUM:
Chairman Vice Chairman
PATRICK B. LYONS WILLIAM C. WODTKE, JR. A. DROVER FLETCHER
District 2 District 4 District 1
DON C. SCURLOCK. JR. DICK BIRD
District 3 District 5
BOARD OF COUNTY COMMISSIONERS
214.5 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
Secretary to Board
Telephone: (305) 569-1940
May 28, 1981
M E M O R A N D U M
TO: Joe Collins, County Attorney rrC�1.')
FROM: Ester L. Rymer, Buildin Direct
SUBJECT: Condemnation Proceedings, Publi�-Hearings, etc.
The following property owners have been notified and no action
has been taken on their part to remedy violation.
Carolyn Delores Smith (P. 0. Box 2255, Vero Beach)
Tot 4, Block 2, Gifford. Estates
4439 - 35th Avenue, Gifford
Unfit for human occupancy. Health hazard. Raw sewerage
on ground. Littered with garbage, auto parts, tires, etc.
2. A. J. Harris (1850 - 38 Place, Vero Beach)
-Zot 77, Block 5, W. E. Geoffrey SID.
Dilapidated structure.
3. Davis Tem le - Church of God (3946 - 45 Place, Vero Beach?
Lots 15 & 16, Block 4, Hargrove SID
11
Dilapidated structure corner 32nd Ave. and 47th St. Declared
a public nuisance by the Board of County Commissioners on March 5,
1981. (To be removed).
V. e, - o � 7t, 44 A.
4. Arbell & Odessa Clark (4745 - 33 Ave., Vero Beach)
Lot 19, Block 3, Smith Plaza SID,
Dilapidated structure 33rd Ave., north of 45th St. (Certified
mail - 2 times - did not receive.)
5. Leonard Dobson,(Rt. 3, Box 194-F, Pensacola, Fla. 32504)
Lots 27 & 28, Block 3, Kings Music Land SID
Damaged mobile home, 5853 - 59th Court.
certified mail not received.)
(Return Receipt,
6. Dorothy Albrecht (c/o Lucien Lytz, 738 Tulip Lane)
Indian River Farms Co. S/D., the W 10.01 A of E 15.01
A of Tr. 13 - 5400 North Gifford Road
7. A. J. Harris (1850 - 38 Place, Vero Beach)
Lots 211 & 212, Block 15, W'. E. Geoffrey S/D
North side of 37th St., East of 18th Avenue
8. George Johnson (Box 282, Vero Beach)
Lots 179 & 180, Block 2, W. E. Geoffrey S/D
18th Ave. & 37th Place
Fire damaged structure. Sent two (2) certified notices
that returned unclaimed. Building down, debris not removed.
9. Rev. Willie Jones (2110 - 41 St., Vero Beach)
Corner of S. Gifford Rd. & U.S. #f1
Structure still there. Public hearing held by the Board
of County Commissioners on March. 5, 1981. No action taken -
30 days extension.
%.G
10. Arthur Lee Henderson (Rt 2, Bo:: 609, Vero Beach, Fla.)
Old Drive-in Theatre 2G-32-39-00-7000-010.0 � �
Metes & Bounds - Deed Book 1, PP 440
i, SLS• ��
Blocks and part of building still standing. Condemnation
notices dates 1971, 1972 & 1975 - (1971 & 1972 received) 1975 t
returned unclaimed & addressee unknown.
11. Ezekiel Fennel (Deceased?) (4715 - 34 Ave., Vero $each) kf�At�f ?�
26-32-39-00-30.00-018.0 42 St., west of 24 Ave. a 7��• `f �'_
Certified mail - unclaimed. This building either fell down
or knocked down and debris not removed.
.12. Edmond Williams (1101 Commodore Ave., Atlantic City, N.J. 03401)
Lot 6, Block 4, Spruce Park 26-32-39-005-0040-006.0
Building demolished but debris has not been removed.
13. Ramon Davis (P. 0. Box 5152, Gifford, Fla.)
Lot 7, Bleck 4, Spruce Park 26-32-39-000005-0040-0007.0
14. James Turner (Deceased): (c/o 'Thomas P. Turner
2467 N.W. 57 St., Pliami, Fla. 33142)
Dilapidated structure at 4260 Old Dixie
26-32-39-07-0000-002.0 J. T. Gray's S/D
!'MRS. RYMER REVIEWED ITEM 1, OWNED BY CAROLYN DELORES SMITH,
AND ADVISED THAT THE PROBLEM STILL EXISTS AT THAT LOCATION.
SIRS. CAROLYN D. SMITH APPROACHED THE BOARD AND ADVISED THAT
AN EFFORT HAD BEEN MADE TO CLEAN UP THE YARD. SHE EXPLAINED THAT SHE
A U G 19 1981 23
Box 47, PAcE226
AUG 191991 em 47 PAGE 227
LIVES IN MELBOURNE, AND THE PEOPLE IN THE HOUSE ARE RELATIVES OF
HERS WHO REFUSE TO MOVE - AND SHE IS FINANCIALLY NOT ABLE TO DO ALL
THAT IS REQUIRED TO BRING THE HOUSE UP TO CODE.
DR. FLOOD, OF THE HEALTH DEPARTMENT, CAME BEFORE THE BOARD
AND ADVISED THAT THE HOUSE AND THE YARD WERE IN TOTAL VIOLATION - THE
SEPTIC TANK IS MERELY COVERED WITH PLYWOOD. HE CONTINUED THAT THE
REST OF THE HOMES ON THE SAME STREET ARE PRETTY NICE
MR. VIILLIAMS, A NEIGHBOR, STATED THAT HE HAS BEEN COMPLAINING
ABOUT THE CONDITION OF THIS HOUSE FOR TWO YEARS.
MRS. SMITH STATED THAT THE HOUSE.WAS LEFT TO HER BY HER
GRANDMOTHER, WHO DIED OVER A YEAR AGO, THE RELATIVES CONTINUE TO LIVE
IN THE HOUSE, RENT-FREE, AND REFUSE TO LEAVE.
COMMISSIONER FLETCHER SUGGESTED THAT THE COUNTY INITIATE
THE EVICTION NOTICE ON BEHALF OF MRS, SMITH. HE ALSO FELT THE CONDITION
OF THE OPEN SEPTIC TANK WAS UNFORGIVABLE.
.MRS. RYMER COMMENTED THAT THERE IS NO WATER OR ELECTRIC IN
THE HOUSE.- IN ITS PRESENT CONDITION, IT IS NOT FIT TO LIVE IN.
ATTORNEY COLLINS ASKED MRS. SMITH IF SHE WOULD AUTHORIZE
THE COUNTY TO INITIATE THE EVICTION ON HER BEHALF AND TO HAVE THE
COUNTY CREWS CLEAN UP THE OUTSIDE OF THE HOUSE.
MRS. SMITH REPLIED AFFIRMATIVELY, PLUS GAVE PERMISSION FOR
THE BUILDING DEPARTMENT TO ENTER THE PREMISES.
THE HOUSE.
COMMISSIONER BIRD ASKED HER WHAT HER PLANS WERE REGARDING
MRS. SMITH COMMENTED THAT SHE WOULD LIKE THE HOUSE TO REMAIN
AND NOT BE TORN DOWN. SHE ADVISED THAT THERE WAS NO MORTGAGE ON THE
PROPERTY.
CHAIRMAN LYONS INTERJECTED THAT IF THE COUNTY CLEANS UP THE
YARD, MRS. SMITH WILL BE BILLED, AND IF SHE DOES NOT PAY, THE COUNTY
WILL PLACE A LIEN ON THE PROPERTY.
MRS. SMITH STATED THAT WOULD BE SATISFACTORY.
=I.
MR. WILLIAMS QUESTIONED WHETHER MRS. SMITH WAS IN A POSITION
TO REPAIR THE BUILDING. HE POINTED OUT THE FACT THAT PEOPLE CONTINUE
TO LIVE IN THE HOUSE, HE DID NOT FEEL IT WAS FAIR TO HIM OR TO THE
PEOPLE LIVING IN THE COMMUNITY FOR THE HOUSE AND PROPERTY TO BE LEFT
IN SUCH POOR CONDITION.
MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS-
SIONER SCURLOCK, FOR THE BOARD TO AUTHORIZE THE ATTORNEY TO SERVE AN
EVICTION NOTICE, AS APPROVED BY MRS. SMITH, TO THE RESIDENTS IN THE
HOUSE OWNED BY CAROLYN DELORES SMITH, LOCATED AT 4LI39 35TH AVENUE,
GIFFORD, FLORIDA, AND THAT WITHIN 3O DAYS AFTER THE EVICTION, MRS.
SMITH WILL TAKE EVIDENCE TO THE BUILDING DEPARTMENT THAT SHE PLANS TO
BRING THE BUILDING UP TO CODE; OTHERWISE, THE COUNTY WILL TAKE THE
NECESSARY STEPS TO REMOVE THE BUILDING AND PLACE NECESSARY LIENS ON
THE PROPERTY; AND THAT THE ADMINISTRATOR BE AUTHORIZED TO HAVE THE
COUNTY CREW CLEAN UP THE PROPERTY IMMEDIATELY.
LENGTHY DISCUSSION FOLLOWED ABOUT THE LENGTH OF TIME THAT
SHOULD BE GIVEN TO MRS, SMITH.
MRS. RYMER POINTED OUT THAT NOTHING WOULD PREVENT MRS. SMITH
FROM GETTING STARTED ON THIS RIGHT NOW. THE BUILDING DEPARTMENT COULD
MAKE THEIR INSPECTION SOME TIME THIS WEEK, AND MRS. SMITH COULD START
FIGURING OUT HOW MUCH MONEY WOULD HAVE TO BE SET ASIDE FOR REPAIRS,
AFTER CONFERRING WITH A CONTRACTOR. SHE ADDED THAT IT MAY NOT BE
FEASIBLE FOR HER TO BRING THE BUILDING UP TO CODE. MRS, RYMER DID
NOT THINK MRS. SMITH SHOULD BE GIVEN 3O DAYS BEYOND THE EVICTION NOTICE
PROCEDURE, WHICH TAKES ABOUT 2O DAYS TO PROCESS,
COMMISSIONER BIRD STATED THAT HE AGREED WITH MRS. RYMER.
MRS. SMITH POINTED OUT THAT SHE COULD NOT GET A CONTRACTOR
TO ENTER THE HOUSE WHILE IT WAS BEING OCCUPIED. SHE REITERATED THAT
SHE HAS ASKED HER RELATIVES, WHO PAY HER NO RENT, TO LEAVE THE HOUSE
BUT THEY WILL NOT.
ADMINISTRATOR NELSON EMPHATICALLY STATED HE DID NOT THINK
MRS. SMITH SHOULD BE GIVEN ANY MORE TIME BECAUSE HE CONTACTED HER
60 DAYS AGO AND SHE SAID SHE WOULD CLEAN UP THE PLACE.
25
BOOK 47 PAGE 2n0
A U G 19 1981 $o
MR. WILLIAMS STATED THE ODOR FROM THE PROPERTY IS VERY
BAD. HE ADDED THAT HE EVEN OFFERED TO HELP CLEAN UP THE PLACE WHILE
THE GRANDMOTHER WAS STILL ALIVE, BUT HIS HELP WAS REFUSED.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
MRS. RYMER DISCUSSED ITEM 2, OWNED BY A. J. HARRIS, LOCATED
ON LOT 77, BLOCK 5, IN GEOFFREY SUBDIVISION.
MR. HARRIS APPROACHED THE BOARD AND EXPLAINED THAT HE WOULD
LIKE TO REMOVE PORTIONS OF THE BUILDING LOCATED ON THIS SITE AND USE
THE REMAINDER OF THE STRUCTURE TO STORE HIS TOOLS.
COMMISSIONER WODTKE SUGGESTED THE ZONING BE INVESTIGATED TO
SEE IF A STRUCTURE FOR STORAGE WOULD BE ALLOWED.
CHAIRMAN LYONS SUGGESTED THAT MR. HARRIS PREPARE SOME
INFORMATION TO GIVE THE BUILDING DEPARTMENT IN ORDER FOR THEM TO MAKE
AN INVESTIGATION.
MOTION WAS MADE BY COMMISSIONER FLETCHER, SECONDED BY COM-
MISSIONER BIRD, FOR THE BOARD TO TABLE ITEM 2 FOR 30 DAYS TO ENABLE
THE BUILDING DEPARTMENT TO INVESTIGATE THE STRUCTURE LOCATED ON LOT
77, BLOCK 7, IN GEOFFREY SUBDIVISION.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
MRS. RYMER THEN DISCUSSED ITEM 7, ALSO OWNED BY A. J. HARRIS,
LOCATED ON LOTS 211 AND 212, BLOCK 151 GEOFFREY SUBDIVISION.
MR. HARRIS STATED THAT HIS EX-WIFE IS LIVING IN ONE OF THE
BUILDINGS, AND HE WAS TRYING TO BRING IT UP TO STANDARDS BUT HAS BEEN
DISABLED RECENTLY AND UNABLE TO DO THE WORK,
THE SITE.
MRS. RYMER COMMENTED THAT THEY WOULD LIKE TO FURTHER INVESTIGATE
ON MOTION MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS-
SIONER FLETCHER, THE BOARD UNANIMOUSLY AGREED TO TABLE THIS ITEM UNTIL
THE MEETING OF SEPTEMBER 16, 1981.
m -
MRS. RYMER REVIEWED ITEM 3, DAVIS TEMPLE - CHURCH OF GOD,
LOCATED ON LOTS IS AND 16, BLOCK 4, HARGROVE SUBDIVISION.
A MINISTER, REPRESENTING DAVIS TEMPLE, APPROACHED THE BOARD
AND STATED THAT THEY HAVE BEGUN TO CLEAN UP THE PLACE. THERE HAD BEEN
A FIRE IN THE BUILDING AND THEY DO INTEND TO FINISH THE DRAWINGS, BUILD
IT BACK UP, AND PUT IT IN USABLE CONDITION. HE ADDED THAT THE YARD
IS BEING CLEANED UP AT PRESENT.
ED SCHMUCKER, ENGINEER, CAME BEFORE THE BOARD AND COMMENTED
THAT HE HAD JUST SIGNED A PROPOSAL WITH THEM TO REFURBISH THE STRUCTURE,
HE FELT IT WAS SALVAGEABLE AND HE WOULD BE WORKING WITH THE BUILDING
DEPARTMENT,
DISCUSSION FOLLOWED.
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
FLETCHER, THE BOARD UNANIMOUSLY AGREED TO DEFER ACTION ON THIS ITEM
FOR 60 DAYS WHILE A14AITING REBUILDING PLANS,
MRS. RYMER DISCUSSED ITEM 4, PROPERTY ON LOT 19, BLOCK 3,
SMITH PLAZA SUBDIVISION, OWNED BY ARBELL AND ODESSA CLARK. SHE
ADVISED THE BOARD THAT AN INSPECTOR WENT OUT LAST WEEK AND MAKE AN
INSPECTION OF THE PREMISES AND FOUND THAT THE ROOF NEEDED TO BE
REPLACED, NEW WINDOWS AND DOORS SHOULD BE INSTALLED; THE SEPTIC TANK
SHOULD BE FIXED AND THE YARD SHOULD BE CLEANED UP. SHE FELT THE
STRUCTURE WAS SOUND, AND IT WAS FEASIBLE THAT THE HOUSE COULD BE
RESTORED. MRS. RYMER EXPLAINED THAT MRS. CLARK WAS IN THE PROCESS OF
BUILDING A NEW HOUSE, WHICH HAD DELAYED WORK BEING ACCOMPLISHED ON THE
HOUSE UNDER DISCUSSION. SHE NOTED THAT MRS. CLARK WOULD LIKE A 12
MONTH GRACE PERIOD TO FINISH THE HOUSE UNDER CONSTRUCTION AND TO DO
WORK ON THIS ONE, WHICH HAPPENS TO BE VACANT.
MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS-
SIONER FLETCHER, THAT THE BOARD GRANT A 12 MONTH EXTENSION FOR
ARBELL AND ODESSA CLARK TO IMPROVE THE HOUSE LOCATED ON LOT 191
BLOCK 3, SMITH PLAZA SUBDIVISION, WITH THE UNDERSTANDING THAT THE
OWNER WILL NOT ALLOW OCCUPANCY IN THE HOUSE DURING -THAT TIME.
27
BOX 4 7 pAcE n: %o
$Dill(4 7 mrst 231
MRS. RYMER STATED THAT SHE COULD POST THE HOUSE, AND ASKED
MRS. CLARK TO KEEP THE YARD CLEANED UP OVER THE NEXT 12 MONTHS.
MRS. CLARK COMMENTED THAT SHE WOULD GIVE PERMISSION TO HAVE
THE PROPERTY POSTED, AND AGREED TO CLEAN UP THE YARD.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
MRS. RYMER DISCUSSED ITEM 10, THE OLD DRIVE—IN THEATRE,
OWNED BY ARTHUR LEE HENDERSON. SHE ADDED THAT THE RUBBLE HAS BEEN
CLEANED UP.
ATTORNEY COLLINS COMMENTED THAT THE COUNTY HAD FILED A LIEN
ON THAT PROPERTY SO NOW IT WAS THE COUNTY'S RESPONSIBILITY TO CLEAN
IT UP.
MRS. RYMER DISCUSSED ITEM 11, OWNED BY EZEKIEL FENNEL, AND
ADVISED THAT IT HAD BEEN CLEANED UP. ITEM 12, OWNED BY EDMOND WILLIAMS,
THE PROPERTY HAS BEEN TAKEN CARE OF. ITEM 6, OWNED BY DOROTHY
ALBRECHT, THE"SLAB IS THE ONLY THING ON THE SITE; A LIEN HAS BEEN
FILED — THE PROPERTY IS IN GOOD SHAPE.
DISCUSSION FOLLOWED ABOUT THE REMAINDER OF THE ITEMS.
ON (MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY AGREED TO SCHEDULE ITEMS 5, 8, 91
13, AND 14 FOR THE NEXT MEETING ON SEPTEMBER 21 1981.
U
THE BOARD OF COUNTY COMMISSIONERS RECESSED AT I2:25 O'CLOCK P.M
FOR LUNCH AND RECONVENED AT 1:30 O'CLOCK P.M. WITH THE SAME MEMBERS
PRESENT. DEPUTY CLERK VIRGINIA HARGREAVES TOOK OVER FROM DEPUTY CLERK
JANICE CALDWELL FOR THE REMAINDER OF THE MEETING.
CONTINUATION OF PUBLIC HEARING RE ORDINANCE ESTABLISHING A DEFERRED
COMPENSATION PLAN FOR COUNTY EMPLOYEES AND OFFICERS
THE BOARD DECIDED TO HEAR FURTHER PRESENTATIONS REGARDING
DEFERRED COMPENSATION PLANS BEFORE REACHING A DECISION AS TO WHETHER
TO NAME THE NACO PROGRAM SPECIFICALLY IN THE PROPOSED ORDINANCE OR HAVE
A BROADER ORDINANCE.
RICHARD LYNN CAME BEFORE THE BOARD REPRESENTING EQUITABLE
LIFE ASSURANCE SOCIETY OF THE UNITED STATES TO PRESENT THE ADVANTAGE::
OF THEIR PACKAGE, EMPHASIZING THAT THEY HAVE TWO TYPES OF ACCOUNTS -
FIXED AND VARIABLE, AND A_FLEXIBILITY THAT ALLOWS THE EMPLOYEES TO MOVE
THEIR FUNDS BACK AND FORTH FROM ONE ACCOUNT TO THE OTHER, WHICH IS NOT
PROVIDED BY THE NACO PROGRAM, HE SUGGESTED THAT RATHER THAN THE BOARD
MAKING THE DECISION ABOUT WHICH PLAN THEIR EMPLOYEE SHOULD JOIN THAT
THEY SET UP A COMMITTEE TO FORMULATE GUIDELINES AND PROVIDE THE EMPLOYEES
A CHOICE; I.E., THE ORDINANCE WOULD SIMPLY ALLOW THE COUNTY TO HAVE A
DEFERRED COMPENSATION PLAN AND THOSE EMPLOYEES WHO WISHED TO PARTICIPATE
COULD MAKE THEIR OWN DECISION AS TO WHICH COMPANY THEY WANTED TO GO WITH.
MR. LYNN DID NOT FEEL THIS WOULD COMPLICATE BOOKKEEPING PROCEDURES AND
GAVE AS A EXAMPLE THE SCHOOL BOARD OF PALM BEACH COUNTY WHICH HAS SIX
DIFFERENT COMPANIES PLANS FOR THEIR EMPLOYEES TO CHOOSE FROM.
BETTY DEZZUTTI OF THE MOSQUITO CONTROL DISTRICT STATED THAT
THEIR COMMITTEE MET AND STUDIED BOTH PLANS AND PREFERRED THE NACO PROGRAM
OFFERED BY PEBSCO,
PATRICK MURPHY OF EQUITABLE STATED THAT HE DID NOT KNOW OF
ANY INFORMATION SUBMITTED BY THEIR COMPANY EXCEPT THAT PRESENTED BEFORE
THE BOARD TODAY. HE CONTINUED TO EMPHASIZE THAT THE NACo PROGRAM LOCKS
THE EMPLOYEE S FUNDS INTO A SPECIFIC ACCOUNT.
MR. BONAFIDE OF PEBSCO OBJECTED AND STATED THAT EQUITABLE
IS NOT APPROVED BY THE SECURITIES EXCHANGE COMMISSION AND NOT QUALIFIED
TO TALK ON THIS SUBJECT. MR. MURPHY REFUTED.MR. BONAFIDES STATEMENT
AND CONSIDERABLE ARGUMENT FOLLOWED.
A U G 19 1981 8vor 47 FAc, 2-"2
29 ..
AUG 191991 Aft 47 1pAu233
QUESTION AROSE AS TO PARTICIPATION BY THE CONSTITUTIONAL
OFFICERS, AND IT WAS EXPLAINED THAT THE COUNTY HAS TO ADOPT THE
ORDINANCE, AND THE CONSTITUTIONAL OFFICERS WOULD CONTRACT UNDER IT
SEPARATELY.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING,
CONSIDERABLE DISCUSSION ENSUED, AND THE BOARD GENERALLY HAD
NO PROBLEM WITH SETTING UP A VEHICLE TO ALLOW A DEFERRED COMPENSATION
PLAN, BUT WERE RELUCTANT TO BE PLACED IN THE POSITION OF ENDORSING
A PARTICULAR PLAN. IT WAS FELT FURTHER INFORMATION AND ANALYSIS WERE
NEEDED.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
FLETCHER, THE BOARD UNANIMOUSLY AGREED TO TABLE ANY FURTHER DISCUSSION
ON A DEFERRED COMPENSATION PROGRAM FOR COUNTY EMPLOYEES UNTIL SUCH
TIME AS WE CAN RESTUDY AND RE-EVALUATE,
CLERK TO TFHE BOARD
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE FOLLOWING BUDGET AMENDMENT
FOR UNEMPLOYMENT COMPENSATION AS RECOMMENDED BY FINANCE DIRECTOR
BARTON$
ml
Chairman
PATRICK B. LYONS
District 2
Vice Chairman
WILLIAM C. WOOTKE, JR. A. GROVER FLETCHER DON C. SCURLOCK, JR. DICK BIRD
District 4 District 1 District 3 District 5
BOARD OF COUNTY CO111MISS1ONERS
2145 14th Avenue, Vero Beach, Florida .32960
NEIL A. NELSON - County Administrator e-, 11 `� py \ Secreta to Board
Lawyers Title Building Secretary
Telephone (305) 569-1940
2345 14th Avenue, Vero Beach, Florida 32960
Telephone: (305) 562-4186
Auqust 6, 1981
TO: .BOARD OF COUNTY COMMISSIONERS
LFROM. JEFFREY K. BARTON, FINANCE DIRECTOR
RE: UNEMPLOYMENT COMPENSATION
This budget amendment is necessary to allocate funds to pay
the monies due for unemployment compensation for the quarter
ending June 30, 1981.
I reccomend the following budget amendment to be approved as
part of the additional funds adopted.
ACCOUNT TITLE ACCOUNT NO.r INCREASE DECREASE
Unemployment Comp. 001-300-512-12.15 $525
Reserve for Cont. 001-199-513-99.91 $525
STATE OF FLORIDA
LES ORM
(RFVF3/79) 729 DEPARTMENT OF LABOR St EMPLOYMENT SECURITY
DIVISION OF EMPLOYMENT SECURITY
BUREAU OF UNEMPLOYMENT COMPENSATION
TALLAHASSEE, FLO.i.IDA 31301
M_k BURSELAEHT_1NVOICE
THIS IS A STATEMENT OF CHARGES TO YOUR ACCO:;11T nECAUSE OF UNEMPLOYMEN I
COMPENSATION PAYMENTS TO YOUR FORMER FMPLCYLES.
ACCOUNT NO. QUARTER ENDING
INDIAN FIVER C(:UNTY CLE*i2K 1)741-,•7 7 JUN 30 IY6L
C[kLUI r COUNT I_JA TE --- ------
F U 131 -JA iG.'_i I AUG U1. 11431
VF -_,r4,_ E1F AC i FL i'y'J F,HETOI At.. AMOUNT DUE MIDST BE PAID
NITIIIN 30 (JAYS OF rHE AUGVE DATE.
LOCATION CODE AS SHOWN ON DETERMINATION NOTICE -0 LASE PERIOD EMPLOYER OF VALID CLAIM FILED,
LE:. FORM UCB-12R
EYPIaAfIJN
N0. KS
`
CLAIMAhi S NAME
`loc. !-EC. No. DA TC
0f iFN! FIC.
F{A17CE5 TO YOI;R
-__._)•- UC CLAIh1
_ P0. IN QTR.
---�. -
ACCOUNT _--
L'1L.LY Tf•-fONIPS30N
�'4t1-��1-L, J, .1 ) ?/��i/ i.
I
X7,5. DO
MAKE CHECK PAYABLE TO:
FLORIDA UNEMPLOYMENT COMPENSATION FUND
RETURN ONE COPY WITH YOUR REMITTANCE
31
TOTAL AMOUNT DUE_ 1.
-SEE REMARKS ON REVERSE SIDE
S25.004,
Booz 47 PAGE 234
1
S
.1.
ytl If 47 mE 235
THE FOLLOWING REPORTS WERE RECEIVED AND PLACED ON FILE
IN THE OFFICE OF THE CLERK:
TRAF6�j VIOJ��.IQN BUREAU - SPECIAL TRUST FUND, MONTH OF JULY,
1 .0
REPORT OF JUVENILES IN JAIL - MONTH OF .JUNE, 1981
REPORT OF CONVICTIONS — MONTH OF .JULY, 1981
TRAFFIC VIOLATION FINES BY NAME — .JULY, 1981
CONSENT AGENDA
COMMISSIONER WODTKE REQUESTED THAT ITEMS B, C AND F BE
REMOVED FROM THE -CONSENT AGENDA,
COMMISSIONER FLETCHER REQUESTED THAT ITEM D BE REMOVED FROM
THE CONSENT AGENDA,
ITEM A - TERMINATION OF LEASE ON FELLSMERE FIRE TRUCK
THE BOARD REVIEWED THE FOLLOWING LETTER FROM FELLSMERE VOLUNTEEF
FIRE DEPARTMENT:
FELLSMERE VOLUNTEER FIRE DEPT.
P. O. BOX 292
FELLSMERE, FLORIDA 3294$
At'tanticn R -1n`: �Ia- :zo•.tl:�s.
The Fellsnera Vo' luntesr Fire Derartrrent !could 1:Lka to terminate tho
1veas a on Truck ?7o.- 33! c.. 1955 International !_,x4y Tag I:os l-:) S`8�+ and
in dbing sos we would lige to reauest a: retilace:nent truck.
The reasons listed belo7-r are
Brokan f rax:e
Steering is bad
3rakes aren't working
Water Tank. Is broican
TrJatsr ?map Is wcrn out
I
%a would lila to request that the board of Count; Cors issioners.terminate.
the lease of fmk No. 33:`4
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY APPROVED TERMINATION OF THE LEASE WITH
THE DIVISION OF FORESTRY ON TRUCK No. 335, A 1965 INTERNATIONAL 4 X Ltt
ITEM E - LEASE AGREEMENTS FOR SOUTH COUNTY FIRE DISTRICT (OSLO &
WINTER BEACH)
IT WAS EXPLAINED THAT THESE AGREEMENTS WERE APPROVED BY
THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT AT THE MEETING OF AUGUST 5TH,
BUT THE BOARD OF COUNTY COMMISSIONERS INADVERTENTLY DID NOT TAKE ACTION
ON THEM THAT SAME DAY.
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY GAVE RETROACTIVE APPROVAL TO THE FOLLOW-
ING LEASES WITH THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT FOR LAND FOR
THE PROPOSED OSLO STATION AND WINTER BEACH STATION, AND AUTHORIZED THE
SIGNATURE OF THE CHAIRMAN.
AUG 19 198 1 a�oar 4 T Pa
GE 23
�3
AUG 19 1981 wx 4.7 PAGE237
L E A S E
°s
THIS LEASE executed this 5t$ day of August ,
1981, by and between the BOARD OF COUNTY CO111ISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, hereinafter called the "COUNTY" and the
SOUTH INDIAN RIVER COUNTY FIRE DISTRICT, a special district,
existing under the laws of the State of Florida, hereinafter
called the "DISTRICT"
WITNESSETH:
WHEREAS, the COUNTY owns land within its boundaries
which is available and suitable for the location of a fire
station; and
WHEREAS, it is desirable to construct additional fire
fighting facilities for the health, safety and general welfare
of the citizens of Indian River County; and
WHEREAS, the DISTRICT is willing to construct said
facilities on the hereinafter described realty.
NOW, THEREFORE, in consideration of the mutual -promises
contained herein, the parties agree as follows:
1. The COUNTY does hereby let, demise and lease unto
the DISTRICT the following described realty situated in Indian
River County, Florida, to wit:
Commence at the Southwest corner of Tract 16,
Section 23, Township 33 South, Range 39 East,
Indian River County, Florida, also being a
point on the center line of a 100 foot right-
of-way known as Oslo Road; thence run North
along the West line of Tract 16 a distance of
50 feet to the North right-of-way line of
Oslo Road; thence run East along the North
right-of-way line of Oslo Road a distance of
50.00 feet to the Point of Beginning: From
the Point of Beginning run North 00°01'53"
West and parallel to.the West line of Tract 16
a distance of 350.00 feet; thence run East and
parallel to the North right-of-way line of
Oslo Road a distance of 85.00 feet; thence run
00°01'53" West and parallel to the West line
of Tract 16 a distance of 50.00 feet; thence
run West and parallel to the North right-of-
way line of Oslo Road a distance of 85.00 feet;
thence run North 00°01'53" West and parallel
to the West line of Tract 16 a distance of
93.91 feet; thence run East and parallel to
the North right-of-way line of Oslo Road a
distance of 218.57 feet; thence run South
00°01'53" East and parallel with the West line
of Tract 16 a distance of 493.91 feet to the
North right-of-way line of Oslo Road; thence
run West along the North right-of-way line of
Oslo Road a distance of 218.57 feet to the
Point of Beginning. Containing 2.38 adres
more or less.
M
-I M M
2. This lease shall remain in effect as long as the
above described realty is used for fire fighting purposes by the
DISTRICT. However, it is recognized that a COUNTY -owned well
is situated on the subject realty; accordingly, the parties agree
that the COUNTY shall retain the right of ingress and egress over
and across said realty for the purpose of maintaining said well.
3. Any improvements to the described realty shall
be the property of the DISTRICT but within sixty (60) days
from the termination of this lease the DISTRICT shall remove
these improvements or they shall become the property of the County.
4. The DISTRICT agrees not to use or permit the use
of said premises or any part thereof for any unlawful purpose or
offensive use.
5. This lease shall not be assigned and no part of the
leased premises shall be subleased or used for any purpose other
than that expressed in this lease, unless mutually agreed in
writing by the parties.
6. The DISTRICT agrees to provide liability insurance
naming the COUNTY as co-insured with minimum coverage of at
least Three Hundred Thousand ($300,000.00) Dollars for each
individual injury and Five Hundred Thousand ($500,000.00) Dollars
for multiple injuries and shall supply the COUNTY with Proof of
Insurance prior to using the leased premises.
7. COUNTY shall have no responsibility for making any
improvements to the leased premises.
AUG 191991 47 PACE 2:38
J
B d� 47 PAGt 23
IN WITNESS WHEREOF, the Parties hereto have set their
hands and affixed their seals, intending to be legally bound, the
day and year first above written.
ATTEST:
4AA
APPROVED AS TO FORM AND CONTENT:
City Attorney
ATTEST:
L•
-P PA -P
C er
APPROVED AS TO FORM AND CONTENT:
George G. Collins, Jr.
County Attorney
SOUTH INDIAN RIVER COUNTY
FIRE TRICT
B
atrick B.Lyon ,
hairman
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
r�rt Lyons
Chairman
L E A S E
THIS LEASE executed this 5th day of August
1981, by the between the BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, hereinafter called the "COUNTY" and the
SOUTH INDIAN RIVER COUNTY FIRE DISTRICT, a special district,
existing under the laws of the State of Florida, hereinafter
called the "DISTRICT".
WITNESSETH:
WHEREAS, the COUNTY owns land within its boundaries
which is available and suitable for the location of a fire
station; and
WHEREAS, it is desirable to construct additional fire
fighting facilities for the health, safety and general welfare
of the citizens of Indian River County; and
WHEREAS, the DISTRICT is willing to construct said
facilities on the hereinafter described realty.
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the parties agree as follows:
1. The COUNTY does hereby let, demise and lease unto
the DISTRICT the following described realty situated in Indian
River County, Florida, to wit:
The North 167.0 feet of the South 495.0 feet,
as measured along the West line of the SW 1/4
of the NE 1/4 of Section 10, Township 32 South,
Range 39 East, of said SW 1/4 of the NE 1/4 of
said Section 10, lying West of U.S. Highway
No. 1 right-of-way and East of Old Dixie High-
way right-of-way.
2. This lease shall remain in effect as long as the
above described realty is used for fire fighting purposes by the
DISTRICT.
3. Any improvements to the described realty shall be the
property of the DISTRICT but within sixty (60) days from the termi-
nation of this lease the DISTRICT shall remove these" improvements
or they shall become the property of the County.
4. The DISTRICT agrees not to use or permit the use
of said premises or any part thereof for any unlawful purpose or
offensive use.
Box 47 240
47' FAcE 241
AUG 1 9 1981
5. This lease shall not be assigned and no part of the
leased premises shall be subleased or used for any purpose other
than that expressed in this lease, unless mutually agreed in
writing by the parties.
6. The DISTRICT agrees to provide liability insurance
naming the COUNTY as co-insured with minimum coverage of at
least Three Hundred Thousand ($300,000.00) Dollars for each
individual injury and Five Hundred Thousand ($500,000.00) Dollars
for multiple injuries and shall supply the COUNTY with Proof of
Insurance prior to using the leased premises.
7. COUNTY shall have no responsibility for making any
improvements to the leased premises.
I
IN WITNESS WHEREOF, the Parties hereto have set their
hands and affixed their seals, intending to be legally bound,
the day and year first above written.
ATTEST:
2",
er
APPROVED AS TO FORM AND CONTENT:
City Attorney
ATTEST:
Clerk
i
APPROVED AS TO FORM AND CONTENT:
George G. Collins, Jr.
County Attorney
SOUTH INDIAN RIVER COUNTY
FIRE DIS T
By_
P_atri ck B. Lyon ,
Chairman
BOARD OF COUNTY COMMISSIONERS
OF ISN RIVER COUNTY, FLORIDA
Lyons
irman
-? M
ITEM G - RAILROAD CROSSING PERMITS - SOUTH COUNTY WATER MAIN EXTENSION
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER WODTKE
THE BOARD UNANIMOUSLY APPROVED LICENSE AGREEMENTS WITH FLORIDA EAST
COAST RAILWAY COMPANY FOR A 12" WATER MAIN CROSSING AT MILEPOST N0. 230
AND A 20' WATER MAIN CROSSING AT MILEPOST N0. 231 AND AUTHORIZED THE
SIGNATURE OF THE CHAIRMAN.
THIS LICENSE AGREEMENT, 'Made and entered into, in duplicate, this - - - day of
A.D., 19 ..... by and between Florida East Coast Railway Company, hereinafter called "Railway" and
i INDIAN RIPER COUNTY, a Political Subdivision of the State of Florida acting by and
through its hoard o2` County C"
INDIAN
214 - 14th Avenue Yero Beach, Florida 12y60
hereinafter called "Licensee", WITNESSETH: for the first year ant $20.Q0
/per year for each year there -
That Railway, for and in considerationt
er
Of the sum of $50.00//and the covenants and agreen,>-n. -;
of said Licensee hereinafter Bet forth, hereby give to Licensee the right and privilege to construe;,
stall and maintain certain appliances or fixtures for such time hereafter as the Railway, in it+ di
tion, shall and may permit as follows:
A subgrade 12 inch ductile iron pipeline (water Hain) crossing of Railway's
right -of -Way and under its track on the north side of 1st. Street crossing,
Vero Beach, Florida, said water main to be encased in—a--27
to be bored and el Pipe
Jacked under itailway's track area pursuant itor�the eattached
specifications and W cross under tl:e centerline of the track at a point
1,485 feet, more or less, south of Milepost No. 230, from Jack-gonville,
Florida.
to shown on Licensee's Plan (given Number 231-7-2 and date of June lU,
attached hereto and made a part hereof. )
THIS LICENSE AGREEMENT, Made and entered into, in duplicate, this ...... day of ............. .........
A.D.. 19-.... by and between Florida East Coast Railway Company, hereinafter called "Railway" and
INDIAN RIL'M COUNTY,,_ -a Political Subdivision of the State of Florida acting by and
throw its Board of County Coimaissioners,
21 - th .Agc3nuex Vero Beach, Florida QQ-60
hereinafter called "Licensee". WITNESSETII: for the first year and $20.00
/per year for each year there-
after
That Railway, for and in consideration of the sum of $50.00/ and the covenants and agreements
of said Licensee hereinafter set forth, hereby give to Licensee the right and privilege to construct, in-
stall and maintain certain appliances or fixtures for such time hereafter as the Railway, in its discre-
tion, shall and may permit as follows
A subgrade 20 inch ductile iron pipeline (water Main) crossing. of Railway's
right-of-way and under its track on the north side of Oslo R: ad, Oslo,
Florida, said Water main to be encased in a 36 inch steel pipe to be bored
and jacked under Railway's track area pursuant to the attached specificatio,-13
ai:d to cross under the centerline of the track at a point 1,623 feet, more
or less, south of Hilepost No. 2?1, ircm Jacksonville, Florida.
As shown on Licensee's Plan (given Number 231-7-1 and date of June 10, 1961,)
attached hereto and made a part hereof.
COPY OF ABOVE AGREEMENTS IS ON FILE IN THE OFFICE OF THE CLERK,
AUG 191991 39 Bol e47 -PAct 242
AUG191981-
Fom ?21.-.1t@V1"d...N0f Od Stas#
�Od( P11
} 1i
THIS LICENSE AGREEMENT, Made and entered into, in duplicate, this ...... day of ................ ...._.
A.D., 19....... by and between Florida East Coast Railway Company, hereinafter tailed "Railway" and
INDIAN RIVER_ COUNTY, a Political Subdivision of the State of Florida actin
through it9 13oarii or` County Coimnisaione-ra, ----- .
--- -----------------------
------- 21li__.'--- lith Avenue, Vero_ Beach. Florida 32960
•--• ----- ..................................
hereinafter called "Licensee", WITNESSETH: for the first year and $20.00
/per year for each year there -
That Railway, for and in consideration of the sum of $50.00/ andter the covenants and agreements
of said Licensee hereinafter set forth, hereby
g
stall and maintain certain appliances or fixtures Licensee ta
sfor such timehereafteras he Railnd to construct, re -
tion, shall and may permit as follows; Railway, m its discre-
tion,
subgrade 12 inch ductile iron pipeline (water Main) crossing of Railway's
right-of-way and under its track on the north side of 1st Street crossing,
Vero Beach, Florida, said water main to be encased in a 2 inch steel pipe
to be bored and jacked under Railway's track area pursuant to the attached
specifications and to cross under the centerline of the track at a point
1,45 feet, more or less,
Florida. south of Milepost No. 230, from Jacksonville,
is shown on Licensee's Plan (given Number 231-7_2 and date of June 10, 1981
attached hereto and made a part hereof. ,)
And Licensee hereby covenants and agrees as follows;
1. That said appliance or fixture hereby permitted, shall be of the usual strength and fitness for the
purpose used and be put in a good and workmanlike manner. All construction or installation of all of
Licensee's appliances or fixtures shall be both commenced and completed within six months from date
of this instrument and so reported in writing by Licensee unto Railway within said six months or i
default thereof this License Agreement shall stand automatically terminated without any notice o
r
action by Railway,
2. That if said appliance Or fixture is a pipe, to extend under the track of the Railway, the same
shall be located not leas than -5-0 below the bottom of ties in such tracks and
safe -guarded as may be ner�,s properly
necessary or as required by Railway; and if it is a wire line to extend over the
tracks of the Railway, the same shall be located not less than ----______
feet above
poles carrying such wires shall be double -bracketed and of good and sufficient qualityandratls, and the
'� used and located as hereinafter deal size for pur-
g'nated by the Railway and securely planted and fastened so as
to prevent the same from falling on the tracks or other property of the Railway or u not
the right of way. No other facilities of the Licensee shall be located � her wires on
without its prior written permission. upon any of th®Railway°s prcr-rty
PAGE 1
3. That if a license is hereby given for a telegraph, telephone or other sig71-ai
line- or lines, tt_en any crossing of the sari-, over or Lmder P:ailiaay's tracks, shall. be
constructed and maintained in conformity with Part Cne cf Rules, Regulations and
Specifications governing the construction and Iraintenance of telo raph, telephone, and
other sig;-,al.lines over or under the tracks of steam railroads in the State of Florida
adopted by Railroad Commissioner:- of th State of Mcrid,a, or, N. -ay 7, 1921;, effective
August 1, 1924, and all amendments thento.
4. And if a license is hereby given for an electric liT):t r, power lir:, or lines
CMSSi.ng over or under tracks of Railway, then such cm5;!c ing -hall be cens*.rr-Icted and
I:ai.^.taLned in conforr'aity with the provi sicns of the tl-ltional ElecIical safe • Ccije
as set fcr•th in H.dbco}: H-43 of the ilaticnal 3ureau of a •a
tan gar -s in it-, present forT
Or as sutsequently revised, and also in COnfnrmlt`j1 with �a�jdl tiUIlal rel ]i E'T.c'nt n f
Railway to protect its additicnal facilities located on the Milway's ri^;ht of
and which are subject to injury or damage arising from the afor said lccatu
Licensee's facilities.
5. The Licensee shall within thir`?., (30) days afterof , obtain a_i.
date here -c
necessary p"r: tits, licenses and franC,I l by LY?w. .-;henever 1-moler t. -s
agreement, Lice.-isee's Dower 1 inc-3 crrss or are h
lcc:�.te:l within ----- feat frr,:: any Imes
or wires of any licensed communication utility on the right of way of Railway, Licensee
sha11 at all times prevent interference ill --Py way with the ccnsti-ucticn, maL:tang ice,
or operation of such crossed or adjace-rit telenccne and telegraph wires, and in, such
evant, Licensee shall adopt, use and maintain the best ]clown and most effective methods
to protect the aforesaid telephone and telegraph wires and lines from physic:! ha7_ard
and inductive interference.
6. That sa4l arpliante or fi;•.-t?.trra of the Licensee shall not at any tLn.2 interfere
cJith or endanger the track, roadbed, or other pro _ of the
ITalntena iCe Or „rove ants Of the Rel-1:aa� T't OI any Ot} , j � Railway, or the operation
shall at its own expelise, on notice from Said P,_Tilwa fort-h4gi'thychhe rs' a�iu Licensee
repair such appliance or fi�-tures a! m v Lr� .,E ,, '�� `nge, L^;Frove or.
};. it ec1 r_�y said Railway.
7 • �Q Rahway reserves trigphis 1 � ^n n ' .,, ; a t
(30) days' :.r1ttC.T1 Helico '� `r� � •; � � `+ ' - Ii' . �agzr_. ,�,,_,*i;- ,enc -n til'
and licen � _ `�
c? :. S OSJI1 C :•;'I1S'' , wit}i:� i the as IL'=
t:cned thirty (30) days, re rve any and all said applir�,-ces and/or fixtures of the
licensee from the right of way and proT -arty of said I�Iilwan
1}��t llYCn L1C'_nSee failirlF,i"O CL ":l :lCtcil.`J CCI1S -ruC1 or install as pm,'idCC: In
Par.-_;razh 1 or aba-ndcnFri• C'^ CeaS11, ?'O l: F' 3I;:� ^:I:ntilln :'old c? F
}iCrr,it s - PE.li�
nce
u'cified, or u.cn the a-.rcellati-;i and ten,-unaticn Of thls n , i" 1
aE',TY'.� CTl. as ,1�?_Z'ln
Or upon the acciE:•?nl?1 Or oth-z, i i`': ikiTIF Uf ;ii L aF?F1 i,771Ce Or f 1�tL1It`
C :LLc:P. 'a:age cr d�nc`r tO tre i�311:•: lti''S r I&CJ, trucks, OL' other propert,,, L-cC'iSee
shall a:id will at once remove said appliance or fi:{t a �?n-i Itiastorn t}ie pnalris<�s to
its faz�Ir_r good condition or at once repair such bzk-a , or dune age at its otJn cost and
e:n��Ise; and failing; to do so, the Rail:•:ay rtiiy Ir.ike such reuvval or restoration at
the ecst and expense of Licensee.
9 • That Licensee shall and will cause due not ice to ha given to the Fai lw,ay :ahell
Ucensee cr its contractor or anyone clai.aing undor Licen!;' zv yes
or cross he P to enter upon
t tracks, rr,.I�'�bzd or ether prod city of the F I i l :•:ay with such a pi i,an ;; `,r
for excavations t}'ie7'�:fCr, .i Ii CTt;t T t}k?t pT'r�}'M?r prC�tf''CtlOn may ix, pTrv]c.c'cl
`cr trains. In addition to the ; of i'.�T �t I�irhs i
' , any subgrade or ars t E,
era -'e crossing of the railway's right of �aay .i:; subject t,� t:hu terms of the "Crn�ri}
SP>cificaticns for Subgrade and N_)ove c`cr!-si
1lls;:, of the P�ailway's Right--(,,,-
Ssllt'�, t:y the Office of �'}iie: Ellf'lI1Ct'z', : 1CI'iCul East Coas,L T:allway CCIIFx?ny,
and ccn
_L_ of Fail ich arm incorporElted erg in b
}i y r'ef erF'nc��
AUG 191981 A
Page 2 47 i)tl�( PAct `t
L
AUG 191981 boox 47 pnc M'
10. In consideration for the granting of this crossing and in recognition
of the exposure to hazard of the operation of the Railway by reason of the
construction, maintenance and use of said crossing, the Licensee does hereby
release and agree to indemnify and save Railway harmless from and against
all liabilities, claims, costs and expenses for loss or damage to the property
of either party hereto or of third persons and for injuries to or deaths of
Licensee, or the agents, employees or invitees of Licensee or third persons
or the employees of Railway caused by or arising out of the presence,
npintenance, use or removal of said crossing, regardless of any negligence
or alleged negligence on the part of any employee of the Railway.
11. Licensee covenants to pay Railway all costs of supervision, labor
and material incurred by Railway in supervising, protecting and restoring the
property of the Railway by reason of operation of Licensee.
12. That this agreement shall be binding upon the successors or the heirs
and assigns of Licensee and none of the covenants or agreements herein contained
shall be waived or modified except by both parties hereto in writing and no
alleged verbal waiver or modification shall be binding under any circumstances.
13. Licensee agrees to pay, Railway, upon the execution and delivery of
this agreement, the necessary amount of documentary stamp taxes required to
be affixed to this agreement under the laws of the United States of America,
the State of Florida, or both.
14. Licensee agrees that, if Licensee is herein required to pay unto
Railway any sum of money as may be specified on first page hereof, Licensee
Will pay unto Railway the sum of $20.00 in cash in advance for each year
for which this agreement may be renege or may remain in effect beyond one
year from date hereof.
15. Licensee agrees that it will, at its expense, adjust its said
facilities to any physical change or additions made at any time by the Railway
in its tracks, or the facilities on, or its property at this location.
16. Licensee agrees that its facilities shall be installed and maintained
by and at the expense of Licensee in a manner that will not at any time be
a danger to or interfere with the safe and efficient operation of the Railway's
tracks or equipment thereon, that such work shall ba subject at all times to
the approval of an authorized representative of the Railway.
17. If Licensee be a municipality or a public or quasi public corporation
then it agrees that no assessment or other charges of any nature whatsoever
shall be levied or made against the Railway or against its property on
account of the installation or existence of Licensee's facilities at this
location.
18. Both parties hereto agree that the provisions of General Specifications
on five pages entitled, "GENERAL SPECIFICATIONS FOR SUBGRADPS AND ABOVE GRAVE CROSSINGS
OF THE RAILWAY'S RIGHT-OF-WAY," attached hereto and made a part hereof, shall apply
to the work of, materials, and rights and privileges hereby given to Licensee.
19. It is further mutually understood and agreed by and between the parties
hereto that said subgrade crossing insll
taation shall be marked by the erection
of a suitable monument located on each side of the Railway's right of vy.
Page 3
{/ 111 --1
� � r
I
_P
E7
T
M
20. RON-PADMNT AND PNCE 0F 7PN. YjE. It is exu'eaaly agreed
the Pries hCMto that any obligatiorw of the Licenses under the term ofeth n
Agre=snt whicharetit paid within Mirty (30) lope of presentation of bills
SON by the Railway shall bear int,erezit at the rate of six par cent (6%) per
frm the date of presentation of the bill until saw shall be paid. It is fuo -_
MqPl"®sly► AgMed that in the event Railway shall inatitute and pmmLil in
or suit for the enforcement of any of itd M to � �c -
stent Licalm" shall pay to Railw Bh under the provisions of this agra a-
a r�+aaonable attorr�y�s fee on aocou�t thereof.
A-180) in the e�nt of litigation, the Parties agree that the lege of the 94,a4,e of
Florida vill apply,
21. ".'he following changes were made in the preparation of
Agreement: this License
Paragraphs 22, 23, and 24, cn lage �,, were added and by this
are made a part hereof. reference
IXXXXXXXXXXXXXXY. XX:{XXXXXXXXXXXXXXXXXXLXx
Y X X X X X X X X X X X X X X X X X X f; X X X X X X X X X X X X X X X X X X X
IN WITI\ ESS WHEREOF, The parties hereto hove cau&Od thms preaments W be duly executod In dupli-
cate the day and year first herein written.
",19ned, sealed and delivered in preaence of:
Witne6ma as to Rail%&,y
Witnesse+ ag to I.irrr,�ec
Florida Eaxt Coact Kailway Cnmpany,
By:_
President.INDIAN RIVER COINTY a
of the S Political subdivilio;Z
t Florida acting by and throuj;ti
its Boar o ty Comsllas oners
Attest: _—�CO3 I .t ., t.
,U4 v
(&!a!)
balk 47 nu 246
A U G 19 1991 47
22. It is further mutually understood and agreed by and between the parties
hereto that Licensee will not perform any work on Railway's property without
having a railroad watchman present at all times work, hereunder, is being perform-
ed, if one is deemed to he necessary by the Railway's Chief Engineer; further,
that Licensee covenants that it will include in any contract which it lets for the
whole or any part of the said work to be performed hereunder by or for the Licensee,
each and every of the following terms and conditions of the two 2
) paes
hereto.and made a part hereof entitled, "INSURANCE FOR BENEFIT OF FLORIDA EASTched
COAST RAILWAY COMPANY TO BE OBTAINED AND KEPT IN FULL FORCE AND EFFECT AT COST OF
CONTRACTOR OR LICENSEE," and,
"INDE
TO
CONTRACTUAL LIABILITY ENDORSE•MENTSrfTOTCONTRACTTOR',S PUBLIC A EAST OLIABAST ILTTYAAND OPROPEAND
RTY
DAMAGE LIABILITY INSURANCE POLICIES DURING SUCH INDEMNITIES."
23. Notwithstanding the term of this License Agremeent and the advance pay-
ment of rental therefor, the Railway reserves the right to cancel this License Agree-
ment upon thirty -(30) days written notice. That Licensee shall have no expectation
of renewal and that the term of this License Agreement is only for the time speci-
fied herein, subject always to the termination provisions and regardless of the
length of time that Licensee's pipeline may have occupies the licensed property, or
the construction of its facilities or personal property placed thereon.
24. Licensee waives and relinquishes any legal rights and monetary claims
which it might have for full compensation, or damages of any sort, including but
not limited to special damages; severance damages, removal costs or loss of business
profits resulting from its
this agreement whether such loss of occupancy of the licensed property specified in
property is taken by eminent domain proceedings or sold
under the threat thereof.
Page 5
V 17 LD TO I
Form 221---Revised---Not fm Steck
>- THIS LICENSE AGREDIENT, Trude and entered into, in duplicate, this -------- day of _______________•
A.D., 19-------- by and between Florida East Coast Railway Company, hereinafter called "Railway„ and
_
INDIAN RIVER COIJP1Try--a- Political-_Subcily$aion of__tha _Stats ®f Florida acting by and_
through its Board of County Commissioners,
21!}x -_11th Avenues 0ero_ Beach, ••Florida 32�b0_
hereinafter called "Licensee", WITNESSETH: for the first year and $2:
/per year for each year the-;
/ after
That Railway, for and in consideration of the sum of $50.00/ and the covenants and agreements
of said Licensee hereinafter set forth, hereby give to Licensee the right and privilege to construct, in-
stall and maintain certain appliances or fixtures for such time hereafter as the Railway, in its discre-
tion, shall and may permit as follows:
A subgrade 20 inch ductile iron pipeline (water Main) crossing of Railway's .
right--of-way and under its track on th-e north side of Oslo Road, Oslo,
Florida, said water train to be encased in a 36 inch steel pipe to be bored
and jacked under Railway's track area pursuant to the attached specifications
and to cross under the centerline of the track at a point 1,623 feet, more
or less, south of Milepost No. 231; from Jacksonville, Florida.
As shown on Licensee's Plan (given Number 231-7-1 and date of June 10, 19811)
attached hereto and made a part hereof.
And Licensee hereby covenants and agrees as follows:
1. That said appliance or fixture hereby permitted, shall be of the usual strength and fitness for the
purpose used and be put in a good and workmanlike manner. All construction or installation of all of
Licensee's appliances or fixtures shall be both commenced and completed within six months from date
of this instrument and so reported in writing by Licensee unto Railway within said six months or in
default thereof this License Agreement shall stand automatically terminated without any notice or
action by Railway.
2. That if said appliance or fixture Is a pipe, to extend under the track of the Railway, the same
shall be located not less than---5-O----feet below the bottom of in such tracks, and
f tiproperly
safe -guarded as may be necessary or as required by Railway; and if it is a wire line to extend over the
tracks of the Railway, the same shall be locat,^d not less than ---------
feet above the rails, and the
poles carrying such wires shall be double -bracketed and of good and sufficient quality and size for pur-
pose used and located as hereinafter designated by the Railway and securely planted and fastened so as
to prevent the same from falling on the tracks or other property of the Railway or upon other wires on
the right of way. No other facilities of the Licensee shall be located upon any of the Railway's pro. ty
without its prior written permission.
v,'a i In
A U G 1 1981 7 PAGE r8
r AUG 19199•? • aoox
47 oAG€2 9
3. That if a license is hereby given for a telegraph, telephone cr ot`er siznal
line or lines, then any crossing of the sar..1�- over or under Railway's tracks, shall be
constructed and maintained in conformity with Part One of Rules, Regulations and
Specifications governing the construction and maintenance of telegraph, te'_ephere and
other signal lines over or under the tracks of steam railroads in the State of z'.orid
adopted by Railroad Cornassioner� of the State of Florida, on Nay 7, 19?4, effective
August 1, 1924, and all amendments thereto.
4. And if a license is hereby given for an electric light cr power li:-.e or lines
crossing over or under tracks of Railway, then ;;uch cvossing shall be cons�lcted and
maintained in conformity with the provisicns of the, N:ltional Electrical Safety Cade
as set forth in Handbook H-43 of the National P .reau cf Stan(lards in 1* p-esent forTn
or as sl-",';eque..ntly revised, aild al:,o ill ccs:ifozTnity with Additional requil�:.ents of the
Rails•:ay to protect its additional facilities located on the F,1il,•:ay's right o` way
and which are subject to injury or d& -age arising, from the aforesaid location of
Licensee's facilities.
5. The Licensee shall within thirty (30) days after date hereof , obtain all
necessary 1 -_emits, licenses end franchises irquIn2hv L' -w. T;h, ever der this
agrea:)01:t, Licensee's power lines dross er are located within ----- feet free any lines
or wires of any licensed communicaticn utility on the right of way of Railway, License,
shaill at all times prevent interference in any way with the constnacticn, maintenance,
or epenation of such crossed or adjacent telephone and telegraph wires, and in such
event, Licensee shall adopt, use and maintain. the best }mown and most effective rethod.
to protect the aforesaid telephone and telegraph wires and lines from physical hazard
and inductive interfer-...nce.
6. That said appliann;•t
ce or fiure of the; Licensee shall not at any time interfere
or endanger the track, roadbed, or other property of the Railway, or the operation
maintenance or improvements of the Railway, or of any other party thereon; ani Licensec
shall at its c�,n expense, on notice from said Railway, forthwith change,. improve or
repair such appliance or fixtures as way be prescribed by said Railway.
7. The Railway reserves the richt to cancel this 1 icense agreement upon, thirty
(30) days' writ ten notice and l7 c'�r"e ,•:11.1 , at its o,Jrl F'1 pensc?, ;•:lthir the of ore -
rayl ; ; is i ped thirty (30) days , re,�ve any and all said appliances and/or fixtures of the
licensee from the right of way and property of said Railway.
3• Tl at upon Licensee failing to eo plet�ly construct or install as provided in
Fa:arraph 1 or abandoni:;.s or ceasin:n to Ilse enol rr�lint�lin said clppllanee Or ilhrtlLrE'_
sr-ecified, or u:,on the cancellation and tenninaticn of this agre anent as herein
p= -=ded, or upon the -accidental or other breaking of said aapl Lance or fixt-,-,e
cau� ng d.amege or danger to -the Railway's roadbed, tracks, or other property, Licensee
shall a:;d will at once remove said appliance or fixture an-] restore the prn1.^'.ises to
its �ol?-12r good condition or at once tel -vain such b:Lak or damage at its own cost and
expense; and failing to do so, the 1:1i1,:ay raiy rr.1}:e such rermval or rest;.,rati on at
the cost and expense of Licensee.
TIl•3t Licensee shall and ,.:ill Cause clue notion to be given to the Railway then
:��_ee
Liceor its contractor or an`.'ene claiming tmdor L1co.Tlsec`, P"Oposes to enter upon
or cinss the tracks, roadbed or ether p:-,operty of the R iilw:ly with such applL nces or
cr for excavations thei�2fcr, in o.t.t"r that proper protection may 17A-. provicic,c:1
for tz'a-:s. In addition to the tei-rn o1 Par:1I;1aI;hs 3 zuirl is, any subgracc or all-yDt•c
gra-de crossing of the Railway's riE-�lt of ,.ay is si_ll)ject to the tetrls of the "General
Specifications for Subgrade and Alov(� Crade C`L�ssi.ngs of t}le Railway's Right-or-.7.rv"
issued by the Office of Chief En�,ineer, i7crida East coast- p�-Iilway Company, the tc-n- ;
and conditions of which are incolporated herein by referencr:.
Page 2
1 8 r -- .- -L.,_
T
C,
a
10. In consideration for the granting of this crossing and in recognition
of the exposure to hazard of the operation of the Railway by reason of the
construction, maintenance and use of said crossing, the Licensee does hereby
release and agree to indemnify and save Railway harmless from and against
all liabilities, claims, costs and expenses for loss or damage to the property
of either party hereto or of third persons and for injuries to or deaths of
Licensee, or the agents, employees or invitees of Licensee or third persons
or the employees of Railway caused by or arising out of the presence,
maintenance, use or removal of said crossing, regardless of any negligence
or alleged negligence on the part of any employee of the Railway.
11. Licensee covenants to pay Railway all costs of supervision, labor
and material incurred by Railway in supervising, protecting and restoring the
property of the Railway by reason of operation of Licensee.
12. That this agreement shall be binding upon the successors or the heir,
and assigns of Licensee and none of the covenants or agreements herein conta..,,
shall be waived or modified except by both parties hereto in writing and no
alleged verbal waiver or modification shall be binding under any circumstances.
13. Licensee agrees to pay. Railway, upon the.execution and delivery of
this agreement, the necessary amount of documentary stamp taxes required to
be affixed to this agreement under the laws of the United States of America,
the State of Florida, or both.
14. Licensee agrees that, if Licensee is herein required to pay unto
Railway arq sum of money as may be specified on first page hereof, Licensee
will pay unto Railway the sum of $20.00 in cash in advance for each year
for which this agreement may be renewed or may remain in effect beyond one
year from date hereof. '
15. Licensee agrees that it will, at its expense, adjust its said
facilities to any physical change or additions rade at any time by the Railway
in its tracks, or the facilities on, or its property at this location.
16. Licensee agrees that its facilities shall be installed and maintained
by and at the expense of Licensee in a manner that will not at any time be
a danger to or interfere with the safe and efficient operation of the Railway's
tracks or equipment thereon, that such work shall br subject at all times to
the approval of an authorized representative of the Railway.
17. If Licensee be a municipality or a public or quasi public corporation
then it agrees that no assessment or other charges of any nature whatsoever
shall be levied or made against the Railway or against its property on
account of the installation or existence of Licensee's facilities at this
location.
18. Both parties hereto agree that the provisions of General Specifications
on five pages entitled, "GEtMAL SPECIFICATIONS FOR SUDGRADE AND ABOVE GRADE CROSSINGS)
OF THE RA 194YIS RIGHT-OF-WAY," attached hereto and made a part hereof, shall apply
to the work of, materials, and rights and privileges hereby given to Licensee.
19. It is further mutually understood and agreed by and between the parties
hereto that said subgrade crossing installation shall be marked by the erection
of a suitable monum9nt located on each side of the Pailway's right of way.
Fare 3
AUG 19 1981 ono 4 PAGE 250
AUG 19 1991
a5i
20. RON -FAMNT AND PIA' OF ;c�IUE. It is e
the par -flee hecto that Vesely agreed by and Detagan
any wli`gatlosw� of the Licenses under the term of thieq
gent which are not paid �lthln thirty (30) days of presentation of billy for
by the Railway shall bear interest at the rate of six
frCM the date of presentation of the bill until Ban* shall be dant (d. It per fannum
arther
�besly agreed that in the event Railway shall institute and re It is huacti
or suit for the enforcement of aror of its ri to prevail � a� screen
�®t Licensee ehrsll pay to Railway8fi under the P�eiaiana of this agree-
'sent
in the evant of litigation,a t�aeonabls actor yon fey on account thareof,
Florida trill apply. the pard®a agrse that the lawn of the State of
21. The
The fallowi
Agreement:
changes were made in Ulf,'Irreparaticn of this License
Paragraphs 22, 23, and 214, on mage
are made a part hereof. were added and by this reference
X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X X
IXX-XXXXXXXXXXXXXXXXXXXX XXXXXXXXXXXXXXXXX
11NWITT ES3 WHEREOF. The parties hereto have caused t►1
c-ite the day and year first herein written. pr�nL to duly executed in duple.
Seed, sealed dad delivered in presence of
Florida Esat Coast RaIlway Company.
By:
Pr
INDIAN RIVER COUA•TY President.Witneaaea as to Railway. of the S of Floridaacting
b subdivision
i tis Boar of coun ty Commissioners, and through
�'rt �I Attest:. Ll� j
Attest: -
Witnesses as to Lice r,see -" ---..__(rel)
�/ L Clerk.
I
s
22. It is further mutually understood and agreed by and between the parties
hereto that Licensee will not perforri any work on Railway's property without
having a railroad watchman present at all times work, hereunder, is being perfo,
ed, if one is deemed to be necessary by the Railway's Chief Engineer; further,
that Licensee covenants that it will include in any contract which it lets for the
whole or any part of the said work to be performed hereunder by or for the Licensee,
each and every of the following terms and conditions of the two (2) pages attached
hereto and made a part hereof entitled, "I.;SURANCE FOR BENEFIT OF FLORIDA EAST
COAST RAILWAY COMPANY TO BE OBTAINED AND (SEPT IN FULL FORCE AND EFFECT AT COST OF
CONTRACTOR OR LICENSEE," and,
"INDEMNITY TO FLORIDA EAST COAST RAILWAY CO1--TANY AND
CONTRACTUAL LIABILITY ENDORSEMENTS TO CONTRACTOR'S PUBLIC LIABILTTY AND PROPERTY
DAMAGE LIABILITY INSURANCE POLICIES•DURING SUCH INDEMNITIES."
23. Notwithstanding the term of this License Agremeent and the advance pay-
ment of rental therefor, the Railway reserves the right to cancel this License Agree-
ment upon thirty (30) days written notice. That Licensee shall have no expectation
of renewal and that the term of this License Agreement is only for the time speci-
fied herein, subject always to the termination provisions and regardless of the
length of time that Licensee's pipeline may have occupies the licensed property, or
the construction of its facilities or personal property placed thereon.
24. Licensee waives and relinquishes any legal rights and monetary claims
which it might have for full compensation, or damages of any sort, including but
not limited to special damages; severance damages, removal costs or loss of business
profits resulting from its loss of occupancy.of the licensed property specified in
this agreement whether such property is taken by eminent domain proceedings or sold
under the threat thereof.
Page S
an 47 252
A.0 -Gla, 1981 _ :
AUG 19191
ITEM B_- TREASURE COAST REGIONAL PLANNING COUNCIL BUDGET 1981-?
THE BOARD NEXT DISCUSSED FUNDING FOR INDIAN RIVER COUNTY'S
SHARE OF THE TREASURE COAST REGIONAL PLANNING COUNCIL BUDGET AS
EXPLAINED IN THE ADMINISTRATOR'S MEMO:
TO:Board of County CommissionerDATE: August 7, 1981 FILE:
Indian River County
SUBJECT: Treasure Coast Regional Planning
Council's Budget - Fiscal Yr. 81-8.
FROM: REFERENCES: Attached letter from Treasure
N it A. Nelson
County Administrator Coast Regional Planning Counc_
With Certification of Budget
This is in response to letter dated August 2, 1981, from the
Treasure Coast Regional Planning Council (copy attached). It is
recommended that the data herein presented by given formal consider-
ation by the County Commission.
1. Description & Conditions
The budget which was adopted by the Treasure Coast Regional
planning Council at their meeting of July 17, 1981, in is
accordance with the Council's Inter -local Agreement.
The local contribution to be provided by Indian River County
is $17,225.00 based on a per capita assessment of $.2886 and
relates to the population estimate provided pursuant to Section
23.019 F.S.S. as of April 1980.
2. Recommendation & Funding
Funding will be provided as a projected budgeted item in the
amount of $17,225.00 in order to continue to participate in
this program with the counties of St. Lucie, Martin, and Palm
Beach. It is the intent of this office to include provisions
for this amount in the 1981-82 Budget.
IT WAS NOTED THAT THIS REPRESENTS A CONSIDERABLE -INCREASE
IN FUNDING, AND UNTIL WE CAN COMPLETE ADDRESSING OUR BUDGET AND ALSO
DETERMINE HOW ST. LUCIE AND MARTIN COUNTIES APPROACH THIS FUNDING,
IT WAS FELT PREFERABLE TO ACCEPT THIS AS A TENTATIVE FIGURE IN ORDER
TO ALLOW FOR SOME ADJUSTMENT, IF NECESSARY.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE $17,225 FIGURE FOR THE
TREASURE COAST REGIONAL PLANNING COUNCIL ON A TENTATIVE BASIS UNTIL
THE BUDGET CAN BE FINALIZED.
ITEM C- LEASE OF TEMPORARY SPACE FOR COUNTY JUDGE'S OFFICE AND COURTROOM
ADMINISTRATOR NELSON REVIEWED THE REASONS FOR THIS LEASE AS
EXPLAINED IN THE FOLLOWING MEMO:
TO: Board of County Commissioners DATE: August 12, 1981 FI LE:
ENCLOSURE 1: Field Inspection of
A/C System, IRC Courthouse
Second Floor, North SUBJECT: Lease of Temporary County Courtroom
Section and County Court Judge's Office
Space
FROM: Nei�A. elson REFERENCES.
County Administrator
Conditions and Conditions
Judge Graham Stikelether closed the County Courtroom and his suite of
offices because of continuing complaints by some of the employees concerning
eye irritations, sore throats and a tired feeling experienced by the Judge.
These complaints began after we had re -occupied the building and installed
a number of bookcases in the Circuit Court Offices. We have had two teams of
hygienists make inspections of the areas without determining the cause other
than the presence of formaldehyde gases that apparently came from the fiberboard
from the newly acquired bookcases. However, it must be noted that the levels
detected were below state standards. The Board has previously received these
reports. Many actions have been taken, including the replacement of the shelves,
cleaning the carpets and increased ventilation, without success.
A detailed check of the air conditioning unit that supplies air to the
courtroom and the Judge's offices revealed a number of discrepancies. This
report is at Enclosure 1. I had Connell, Metcalf & Eddy evaluate the report
and received their concurrence with the correction. C.M. & E. feels the cause
of this problem was primarily a maintenance problem since the air conditioning
unit was not recommended for replacement in the renovation plan. We have not
received the latest hygienist's report; however, after contacting the Judge,
steps are being taken to correct these deficiencies.
Alternatives and Analysis
The Board is required to provide the County Judge with adequate facilities
to conduct the county judicial business. The Judge feels that at this time,
the courtroom,in its present status, is not safe. We do not have sufficient
evidence to refute this opinion. The report of the latest hygienist could give
us sufficient information to determine the occupancy conditions of these rooms.
Recommendations and Funding
It is recpmmended that:
1. The lease Le approved
2. The Chairman of the Board of County Commissioners be authorized to sign
the lease
3. The lease be terminated upon correction of the air conditioning deficiencies
listed on Enclosure 1 and further satisfaction of any recommendations
provided in the expected hygienist report
4. Funding for the lease to come from Account No. 001-220-519-34.42
A U G 19 ? 1 soot 4'7 fiAc 254
51
1
AUG 19 1981 taw 47 pAn
ADMINISTRATOR NELSON REPORTED THAT HE UNDERSTOOD THE
.JUDGE HAS RECEIVED THE REPORT FROM SHANDS HOSPITAL AT GAINESVILLE
BUT IS AWAITING A REPORT FROM THE HYGIENIST IN ORLANDO. HE THEN
DESCRIBED THE WORK BEING DONE ON THE COURTROOMS AND THE AIR CONDI-
TIONING ON THE ROOF AND NOTED THAT THE PROPOSED LEASE IS IN THE
AMOUNT OF $1,417.54 PER MONTH.
DISCUSSION FOLLOWED REGARDING SOME KIND OF TIME LIMIT ON
THE LEASE, AND IT WAS NOTED THAT THE BOARD AUTHORIZED THE EXPENDITURE
OF FUNDS FOR THE TESTS WITH THE UNDERSTANDING THAT THE REPORTS WOULD
BE SENT TO THE BOARD OF COUNTY COMMISSIONERS. IT WAS FURTHER NOTED
THAT JUDGE STIKELETHER HAD AGREED THAT HE WOULD ABIDE BY THE REPORTS
RECEIVED FROM GAINESVILLE,
IN FURTHER DISCUSSION, IT WAS AGREED THERE WAS NO CHOICE
AT THE PRESENT OTHER THAN TO APPROVE THE LEASE.
ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMISSIONER
SCURLOCK, COMMISSIONER BIRD VOTED IN OPPOSITION, THE BOARD BY A 4 TO'l
VOTE APPROVED THE LEASE WITH EDGAR SCHLITT, TRUSTEE, FOR TEMPORARY
SPACE FOR THE COUNTY JUDGE AND COUNTY COURTROOM AS PER MEMO DATED
AUGUST 12TH, WITH THE PROVISION THAT SAID LEASE COULD BE TERMINATED
IMMEDIATELY UPON NOTICE.
C its 111e5a a 5 e
THIS AGREEMENT, entered into this 20th day of July
'1981
between EDGAR L. S,HLI'IT, TRUSTEE
, hereinafter called the lessor,
party of the first part, and Indian River County Board of County Commissioners
of the County of Indian Rives' and State of ' Florida
hereinafter called the`lessee or tenant, party of the second*part:
WITNESSETH, That the said lessor does this day lease unto said lessee, and said lessee
does hereby hire and take as tenant under said lessor
Suites 311 & 312, 2001 Building (2,617 sq.ft.)
2001 -9th Avenue
situate in Vero Beach Florida, to be used and occupied by the lessee as
office space and for no other purposes or uses whatsoever, for
the term of Month to Month , subject and conditioned on the provisions of
clause ten of this lease beginning the 21st day of July
19 81 , and ending the '---- day of -" M , 19 -�
at tknd for the agreed rental of $1,417.54 Per rlonth (ene Thousand Four Hundred
3 x Seventeen & 54/100 Dollars), payable as follows:
The eleven (11) days before the end of the month of July are hereby pro -rated at
$503.03.
a
all payments to be made to the lessor on the first day of each and every month in advance without
demand at the office of Ed Schlitt Agency, Inc., 321 -21st Street in the City of
Vero Beach, Florida or at such other place and to such other person, as the lessor
may from time to time designate in writing. Mail. r.Pnt check to E. S.A. Management, Box 6007
Vero Beach, Florida 32960:
The following express stipulations and conditions are made a part of this lease and are here- i
� by assented to by the lessee:
FIRST: The lessee shall not assign this lease, nor sub -let the premises, or any part thereof nor use the same,
or any part thereof, nor permit the same, or any part thereof, to be used for any other purpose than as above stipu-
lated, nor make any alterations therein, and all additions thereto, without the written consent of the lessor, and
all additions, fixtures or improvements which may be made by lessee, except movable office furniture, shall be-
come the property of the lessor and remain upon the premises as a part thereof, and be surrendered with the prem-
ises at the termination of this lease.
SECOND: All personal property placed or moved in the premises above described shall be at the risk of
the lessee or owner thereof, and lessor shall not be liable for any damage to said personal property, or to the
lessee arising from the bursting or leaking of water pipes, or from any act of negligence of any co -tenant or
occupants of the building or of any other person whomsoever.
THIRD: That the tenant shall pr„raptly execute and comply with all statutes, ordinances, rules,
orders, regulations and requirements of the Federal, State and City Government and of any and all their Depart-
ments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or
other grievances, in, upon, or connected with said premises during said term; and shall also promptly comply
with and execute all rules, orders and regulations of the Southeastern Underwriters Association for the preven-
tion of fires, at. own cost and expense.
FOURTH: In the event the premises shall be destroyed or so damaged or injured by fire or other casualty
during the life of this agreement, whereby the same shall be rendered untenantable, then the lessor shall have the
right to render said premises tenantable by repairs within ninety days therefrom. If said premises are not rendered
tenantable within said time, it shall be optional with either party hereto to cancel this lease, and in the event of
such cancellation the rent shall be paid only to the date of such fire or casualty. The cancellation herein mentioned
shall be evidenced in writing.
FIFTIi: The prompt payment of the rent for said premises upon the dates named, and the faithful observ-
ance of the rules and regulations printed upon this leaso, and which are hereby made a part of this covenant, and
of such other and further rules or regulations as may be hereafter made by the lessor, are the conditions upon
which the lease is made and accepted and any failure on the part of the lessee to comply with the terms of said
lease, or any of said rules and regulations now in existence, or which may be hereafter prescribed by the lessor,
shall at the option of the lessor, work a forfeiture of this contract, and all of the rights of the lessee hereunder,
and thereupon the lessor, his agents or attorneys, shall have the right to enter said premises, and remove all per -
AUG 191981 Box -4 7 PAGE 256
AUG 19.19817,7
.47
sons therefrom forcibly or otherwise, and the lessee thereby expressly waives any and all notice required by law
to terminate tenancy, and also waives any and all legal proceedings to recover possession of said premises, and ex-
pressly agrees that in the event of a violation of any of the terms of this lease, or of said rules and regulations,
now in existence, or which may hereafter be made, said lessor, his agent or attorneys, may immediately re-enter
said premises and dispossess lessee without legal notice or the instit;:tion of nny legal proceedings whatsoever.
SIXTII: If the lessee shall abandon or vacate said premises before the end of the term of this lease, or
shall suffer the rent to be in arrears, the lessor may, at his option, forthwith cancel this lease or he may enter
said premises as the agent of the lessee, by force or otherwise, without being liable in any way therefor, and relet
the premises with or without any furniture that may be therein, as the agent of the lessee, at such price and upon
such terms and for such duration of time as the lesior may determine, and receive the rent therefor, applying the
same to the payment of the rent due by these presents, and if the full rental herein provided shall not be realized
by lessor over and above the expenses to lessor in such re -letting, the said lessee shall pay any deficiency, and if
more than the full rental is realized lessor will pay over to said lessee the excess of demand.
SEVENTH: Lessee agrees to pay the cost of collection and ten per cent attorney's fee on any part of said
rental that may be collected by suit or by attorney, after the same is past due.
EIGHTH: The lessee agrees that he will pay all charges far rent, gas, electricity or other illumination,
and for all water used on said premises, and should said charges for rent, light or water herein provided for at
any time remain due and unpaid for the space cf five days after the same shall have become due, the lessor may
at its option consider the said lessee tenant at sufferance and immediately re-enter upon said premises and the
entire rent for the rental period then next ensuing shall at once be due and payable and may forthwith be collect-
ed by distress or otherwise.
NINTH: The said lessee hereby pledges and assigns to the lessor all the furniture, fixtures, goody `and
chattels of said lessee, which shall or may be brought or put on said premises as security for the payment' of the
rent herein reserved, and the lessee agrees that the said lien may be enforced by distress foreclosure or otherwise
at the election of the said lessor, and does hereby agree to pay attorney's fees of ten percent of the amount so
collected or found to be due, together with all costs and charges therefore incurred or paid by the lessor.
TENTH: It is hereby agreed and understood between lessor and lessee that in the event the lessor decides
to remodel, alter or demolish all or any part of the premises leased hereunder, ,or in the event of the sale or long
term lease of all or any part of the ; requiring this space, the lessee hereby agrees to vacate
same upon receipt of sixty (60) days' written notice and the return of any advance rental paid on account of this
lease.
It being further understod and agreed that the lessee will not be required to vacate said premises during
the winter season: namely, November first to May first, by reason of the above paragraph.
ELEVENTH: The lessor, or any of his agents, shall have the right to enter said premises during all reason-
able hours, to examine the same to make such repairs, additions or alterations as may be deemed necessary for the
safety, comfort, or preservation thereof, or of said building, or to exhibit said premises, and to put or keep upon
the doors or windows thereof a notice "FOR REN10 at any time within thirty (30) days before the expiration
of this lease. The right of entry shall likewise exist for the purpose of removing placards, signs, fixtures, altera-
tions, or additions, which do not conform to this agreement, or to the rules and regulations of the building.
TWELFTH: Lessee hereby accents the premises in the condition they are in at the beginning of this lease
and agrees to maintain said premises in the same condition, order and repair as they are at the commencement of
said term, excepting only reasonable wear and tear arising from the use thereof under this agreement, and to
make good to said lessor immediately upon demand, any damage to water apparatus, or electric lights or any fix-
ture, appliances or appurtenances of said premises, or of the building, caused by any act or neglect of lessee, or of
any person or persons in the employ or under the control of the lessee.
THIRTEENTH: It is expressly agreed and understood by and between the parties to this agreement, that
the landlord shall not be liable for any damage or injury by water, which may be sustained by the said tenant or
other person or for any other damage or injury resulting from the carelessness, negligence, or improper conduct
on the part of any other tenant or agents, or employees, or by reason of the breakage, leakage, or obstruction of
the water, sewer or soil pipes, or other leakage in or about the said building.
FOURTEENTH: If the lessee shall become insolvent or if bankruptcy proceedings shall be begun by or
against the lessee, before the end of said term the lessor is hereby irrevocably authorized at its option, to forth-
with cancel this lease, as for a default. Lessor may elect to accept rent from such receiver, trustee; or other judi-
cial officer during the term of their occupancy in their fiduciary capacity without effecting lessor's rights as con-
tained in this contract, but no receiver, trustee or other judicial officer shall ever have any right, title or interest in
or to the above described property by virtue of this contract.
FIFTEENTH: Lessee hereby waives and renounces for himself and family any and all homestead and ex-
emption rights he may have now, or hereafter, under or by virtue of the constitution and laws of the State of
Florida, or of any other State, or of the United States, as against the payment of said rental or any portion
hereof, or any other obligation or damage that may accrue under the terms of this agreement.
SIXTEENTH: This contract shall bird the lessor and its assigns or successors, and the heirs, assigns, ad-
ministrators, legal representatives, executors or successors as the case may be, of the lessee.
SEVENTEENTH: It is understood and agreed between the parties hereto that time is of the essence of
this contract and this applies to all terms and conditions contained herein.
EIGHTEENTH: It is understood and agreed between the parties hereto that written notice mailed or deliv-
ered to the premises leased hereunder shall constitute sufficient notice to the lessee and written notice mailed or
delivered to the office of the lessor shall constitute sufficient notice to the Lessor, to comply with the terms of
this contract.
NINETEENTH: The rights of the lessor under the foregoing shall be cumulative, and failure on the part of
the lessor to exercise promptly any rights given hereunder shall not operate to forfeit any of the said rights.
TWENTIETH: It is further understood and agreed between the parties hereto that any charges against
the lessee by the lessor for services or for work done on the premises by order of the lessee or otherwise accruing
under this contract shall be considered as rent due and shall be included in any lien for rent due and unpaid.
TWENTY-FIRST: It is hereby understood and agreed that any signs or advertising to be used, including
awnings, in connection with the premises leased hereunder shall be first submitted to the lessor for approval be-
fore installation of same.
This Agreement may be terminated immediately upon notice given
by Lessee to Lessor.
r
IN WITNESS WHEREOF, the parties hereto have hereunto executed this instrument for
purpose herein expressed, the day and year above written_.
Signed, sealed and delivered in the presence of: r '
(Sea]
EDGAR j. TT, TRUSTEE
(Seal
As to yessor Lessor
•-qN"DIAN RIVER .•••u OF •
•.
_
_
r�lt • lb
As to Via.
STATE OF FLORIDA,
County of Indian River
Before me, a Notary Public in -and for said State and County, personally ca
Patrick B. Lyons
well known and known to be the person named in the foregoing lease, and
acknowledged that h e executed the same for the purpose therein expressed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the 19th
clay of August , 19 81
My commission expire &...,,, -7,,,
►�`� .
OTARfYLT4L xt^,� �* LA Wt ,
�I ! ` Notary Pu i , State o r da at L rge.
MT CCi�AvSS.C`: trv,ci5 Jnl'r 3 ,.9&7
i, 0G`JarD ItA U;-D(R.',VXI TEAS
I bif ln.sirwatrw pre parrel by:
�I .1,AIn.(f
AUG 191981
me
you 4 7 PAGE 258
r.. ., 111 - I
AUG 191991 bow 47 -�nE259
STEM F- PRELIMINARY PLAT APPROVAL - PINECREST SUBDIVISION UNIT 3
THE BOARD REVIEWED THE FOLLOWING MEMORANDUM:
INDIAN RIVER COUNTY, FLORIDA
INTER - OFFICE MEMORANDUM
TO: The Honorable Members of DATE: August 6, 1981 FILE:
the Board of County Commissioners
FROM: Neil A. Nelson
County Administrator
DESCRIPTION AND CONDITIONS
Request for Preliminary Plat
Approval Pinecrest Unit 3 S/D
SUBJECT: located north of Citrus Rd. (4th St.)
west of Dixie Highway - approximately 10 acres
containing 32 lots
REFERENCES: Letter: Edwin S. Schmucker, P.E. ,
Engineer -of -Record to Jim Davis, County Engineer
dated Auqust 4, 1981
The Engineer -of -Record, Mr. Ed Schmucker, is requesting consideration for
Preliminary Plat Approval of Pinecrest Unit 3 Subdivision. The Technical
Review Committee reviewed the preliminary plat on August 5, 1981 and the
Engineer has revised the drawings to comply with the TRC comments. Water will
be provided by the County.
ALTERNATIVES AND ANALYSIS
All revisions made are in conformance with TRC and staff recommendations.
There are no objections to this project.
RECOMMENDATIONS AND FUNDING
Based upon Technical Review Committee comments and staff review, Preliminary
Plat approval of Pinecrest Unit 3 Subdivision is recommended.
There is no funding matter to be considered for this project by the Board.
DISCUSSION ENSUED ABOUT THE STATEMENT THAT WATER WILL BE
PROVIDED BY THE COUNTY, AND ADMINISTRATOR NELSON NOTED THAT WE HAVE
WATER LINES RUNNING RIGHT BY THIS DEVELOPMENT. THEIR WELL WENT OUT,
AND WE DO HAVE LINES AND WATER AVAILABLE AND NEED CUSTOMERS, HE FURTHER
COMMENTED THAT WE HAVE AN ALLOCATION WHICH WILL ALLOW US TO TAKE ON
NEW CUSTOMERS, AND THEY ARE FOLLOWING THE CRITERIA PREVIOUSLY SET UP.
DISCUSSION CONTINUED AS TO HOW THERE COULD BE PEOPLE WITHOUT
WATER IN A SUBDIVISION WHICH HAS NOT BEEN BUILT AS YET, AND IT WAS
EXPLAINED THAT THIS IS UNIT 3 AND THE EARLIER SECTIONS HAVE BEEN
DEVELOPED.
Im
A
FURTHER QUESTION AROSE AS TO WHY A PRELIMINARY PLAT APPROVAL
IS ON THE CONSENT AGENDA, AND THE ADMINISTRATOR EXPLAINED THAT IT MET
ALL THE REQUIREMENTS OF THE SUBDIVISION ORDINANCE AND WAS AN ATTEMPT
TO SAVE TIME.
COMMISSIONER SCURLOCK STATED HE WOULD PREFER TO TAKE CARE
OF EXISTING DEVELOPMENT BEFORE WE TAKE OF NEW DEVELOPMENT WATER TAPS.
HE WISHED TO BE SURE WE HAVE ENOUGH RESERVE TO MEET EMERGENCIES AND
FELT WE SHOULD DETERMINE JUST HOW MUCH WATER WE DO HAVE LEFT UNALLOCATED
ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY AGREED TO DEFER ACTION ON THE REQUEST
FOR PRELIMINARY PLAT APPROVAL OF PINECREST SUBDIVISION UNIT 3 UNTIL
THE NEXT REGULAR MEETING WHEN A PRESENTATION CAN BE MADE SUPPLYING
THE OVERALL FACTS AND FIGURES AS TO THE WATER ALLOCATED AND THE AMOUNT
LEFT.
THE BOARD REVIEWED THE ADMINISTRATORS MEMO, AND COMMISSIONER
FLETCHER EXPLAINED THAT HE HAD THIS ITEM REMOVED FROM THE CONSENT AGENDA
BECAUSE HE WISHED TO HAVE A CHANCE TO VOTE ON IT.
AUG 191991 mox 47 PAGE 260
57
4
AUG 19 19 1 � ( -TAA, 261
TO: The Honorable'Members of DATE: August 13, 1981 FILE:
the Board of County Commissioners
SUBJECT: Selection of Planning Consultant -
Transportation Disadvantaged Plan
�V
FROM: ee A. Nelson REFERENCES:
County Administrator
In accordance with Board approval and D.O.T. directions, the Administration
issued a "Request for Proposals" for firms interested in preparing a plan
for the "Coordination of Transportation Disadvantaged Services". Notice
appeared in the Vero Beach Press Journal on July 23, 1981, and was also
mailed to seventeen (17) firms doing business within the State of Florida.
We have received only one proposal, from Kimley-Horn & Associates, Inc. of
West Palm Beach. As we have previously reported, Kimeiy-Horn prepared the
regional "Elderly and Handicapped Transportation Development Program" in
1979. They have also been responsible for development of several other
similar transportation plans thoughout Florida and the Southeast.
ALTERNATIVES AND ANALYSIS
The single proposal received, Kimley-Horn, is from a firm experienced and
qualified to provide the required services for Indian River County. There
are no other proposals to consider. The Administration does not believe
rejection of Kimley-Horn's proposal and readvertisement would result in any
greater showing of interest by the consulting firms:
RECOMMENDATIONS AND FUNDING
The County has been offered a grant, through Florida D.O.T., in the amount
of $8,000, to prepare this study. Accordingly, the Administration recommends
it be authorized to negotiate a contract with Kimley-Horn & Associates, Inc.
within the constraints of the grant offer, and subject to approval by Florida
D.O.T. and the Board of County Commissioners.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER
BIRD, COMMISSIONER FLETCHER VOTED IN OPPOSITION, THE BOARD BY A 4 TO I
VOTE, AUTHORIZED THE ADMINISTRATOR TO NEGOTIATE A CONTRACT WITH KIMLEY—
HORN & ASSOCIATES, INC., TO PREPARE A PLAN FOR COORDINATION OF TRANS—
PORTATION DISADVANTAGED SERVICES WITHIN THE CONSTRAINTS OF THE GRANT
OFFER AS RECOMMENDED IN THE ABOVE MEMO,
PUBLIC HEARING - APPEAL OF PLANNING & ZONING COMMISSION DENIAL OF RE-
ZONING OF A PORTION OF LAKEWOOD VILLAGE MOBILE HOME PARK TO LIMP
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'1Zn.'k
r
in the matter of /0.4imf E . R
in the pCourt, was pub-
EVlished in said newspaper in the issues of l� /.2 Z'7 or
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 p,ctiay f i � A D.�
�(Bu iht:ss Manager)
(Clerk of the Circuit Court, Indiaip
(SEAL) ver County, Florida)
Ndl'ICE'j ; 4%, •�
NOTICE IS HEREBY GIVEN' i ithe Board
of County Commissioners of Indian River
County, Florida, is reviewing the feasibility of
making the following changes and additions to
the Zoning Ordinance of Indian River County,
Florida, which changes and additions are
substantially as follows:
1. That the Zoning Map be changed in order
that the following described property, being A
PORTION OF LAKEWOOD VILLAGE
MOBILE HOMF PARK LYING EAST OF
90TH AVENUE, in Indian River Cous ly,
Florida, to -wit:
Track 4, Section 11, Township 33
Range 38 East, LESS the North 742.9 .
AND the North 19.OS acres of Tract S, Sa:
11, Township 33 South, Range 39 East, Ns,
W's of Record.
Be changed from RAPM Mobile Home
Subdivision District to R -IMP Mobile Home
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 said
Board of County Commissioners in the Council
Chamber of the City Hall, Vero Beach,
Florida, on Wednesday, August 19, 1981, at 1:30
P.M.
Indian River County
Board of County Commissioners
By: Patrick B. Lyons,
Chairman
July 11, 12, 1981.
SENIOR PLANNER ART CHALLACOMBE INFORMED THE BOARD THAT
ARISTEK PROPERTIES WOULD LIKE TO REQUEST A CONTINUANCE AT THIS TIME.
.JOHN SEIBEL OF ARISTEK PROPERTIES, LTD., OWNERS OF LAKEWOOD
VILLAGE MOBILE HOME PARK, REPORTED THAT HIS FIRM IS HEREBY OFFICIALLY
REQUESTING A CONTINUANCE OF THE PUBLIC HEARING TO THE SEPTEMBER 16TH
MEETING; THEY HAVE NOT BEEN ABLE TO COMPLETE SOME OF THE ENGINEERING
MATTERS AND WANT TO HAVE THAT COMPLETED PRIOR TO THEIR PRESENTATION.
DISCUSSION ENSUED AS TO WHETHER THE MEETING COULD BE CONTINUED
WITHOUT BEING READVERTISED. ATTORNEY COLLINS ADVISED THAT IT COULD, BUT
FELT IT ADVISABLE FOR PURPOSES OF CONTACTING THE PUBLIC THAT IT BE
READVERTISED.
AUG 19198159 °o 47 pAcE'262'
�
AUG 191991 0 47 pusf
IT WAS DETERMINED THAT THERE WAS NO ONE PRESENT WHO WISHED
TO BE HEARD AT THIS TIME.
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
SCURLOCK, THE -BOARD UNANIMOUSLY AGREED TO CONTINUE THE PUBLIC HEARING
REQUESTED BY ARISTEK PROPERTIES TO APPEAL DENIAL OF A REZONING TO THE
MEETING OF SEPTEMBER 16, 1981, AT 1:30 O'CLOCK P.M. AND TO REQUIRE
THAT IT BE READVERTISED.
RESOLUTim 81-5Z - PROHIBITING OPERATION -OF MOTORIZED VEHidts ON BEACHES
THE HOUR OF 9:00 A.M. HAVING PASSED, THE DEPUTY CLERK READ THE
FOLLOWING NOTICE WITH PROOF OF PUBLICATION ATTACHED, TO -WIT:
VERO BEACH PRESS -JOURNAL
Published Weekly
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER:
STATE OF FLORIDA
F�=^ undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says th- -ess Manager of the Vero Beach Press -Journal, a weekly newspaper published
at Ver radian River County, Florida; that the attached copy of advertisement, being
a -
in the matter of X" b.Z —.37.
in the Court, was pub-
lished in said newspaper in the issues of ® .
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!isfjday of--A.D.
(SEAL)
FB'Wsiness Manager)
(Clerk of the Circuit Court, Indi4n)River County, Florida)
� b dtbT14E
NOTICE IS HEREBY GIVEN that the Board
of County. Commissioners of Indian River
County, Florida, will hold a public hearing on.
August 19, 1981, at 9:00 A.M.,: in the City
Council Chambers in the Vero Beach City Hail, .
to consider the
Resolution revoking Indian 'River County
.Resolution 67-37 and prohibiting the operation
of all motorized vehicles upon any part of the
public beaches located within Indian River
County, Florida, pursuant to the authority of
Special Acts, Chapter' 61-2272; , providing for
penalties- for violations and providing an ef,
fective date.
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
record includes the testimony in evidence on ,
which the appeal is based.
Board of County Commissioners
Of Indian River County, Florida
By: -s -Patrick B. Lyons
Chairman
July 30, 1981.
A
CHAIRMAN LYONS POINTED OUT THAT PARAGRAPH B STATES "NO MOTOR
VEHICLES" SHALL BE OPERATED ON ANY PART OF THE PUBLIC BEACHES, AND HE
FELT SOME PROVISION SHOULD BE MADE FOR LAW ENFORCEMENT OR EMERGENCY
VEHICLES,
DISCUSSION FOLLOWED AS TO DEFINING "AUTHORIZED" -VEHICLES;
QUESTION AROSE ALSO AS TO ENFORCEMENT,
ATTORNEY COLLINS EXPLAINED THAT THE COUNTY WILL BE ENFORCING
THIS, AND THE ADMINISTRATOR WOULD GO TO THE SHERIFF, HE CONTINUE D
THAT THIS IS IN RESOLUTION FORM RATHER THAN AN ORDINANCE BECAUSE THE
COUNTY BY A SPECIAL ACT WAS GIVEN AUTHORITY TO ESTABLISH SUCH RESTRIC
TIONS BY RESOLUTION, AND A RESOLUTION WAS PASSED IN 1976 WHICH EXISTS
TODAY ESTABLISHING AN AREA WHERE DRIVING ON THE BEACH IS PROHIBITET.
AND AN AREA WHERE IT IS ALLOWED, THE BEACH DOES NOT INCLUDE THE BLUFF
AREA,
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD,
MICHAEL WODTKE POINTED OUT THAT AREAS ARE SET ASIDE FOR
SURFING AND WISHED TO KNOW WHY THERE CAN `T BE AREAS FOR BEACH BUGGIES,
CHAIRMAN LYONS EXPLAINED THAT WE ARE TRYING TO PRESERVE
THE BLUFF LINES AND PROTECT THE TURTLES, AND THE INCREASE IN DRIVING
ON THE BEACHES IS BECOMING A HAZARD TO THE PUBLIC SO THAT WE CAN NO
LONGER TOLERATE THIS PRACTICE,
COMMISSIONER BIRD AGREED THAT WHILE HE HAS SPENT MANY
PLEASANT HOURS DRIVING ON THE BEACH, HE UNFORTUNATELY BELIEVED
THAT WITH PROGRESS, IT HAS BECOME UNSAFE TO ALLOW IT ANY MORE,
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING,
MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY
COMMISSIONER BIRD, TO ADOPT RESOLUTION 8I-57 WITH REVISIONS TO ALLOW
EMERGENCY TYPE, MAINTENANCE AND LAW ENFORCEMENT VEHICLES ON THE BEACH.
DISCUSSION FOLLOWED AS TO THE APPROPRIATE WORDING, AND THE
ATTORNEY SUGGESTED EXEMPTING EMERGENCY, MAINTENANCE AND SCIENTIFIC
VEHICLES AS APPROVED BY THE ADMINISTRATOR, THE BOARD AGREED.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED UNANIMOUSLY.
61
o c 47 pml)t264
I
AMC, 191981 ADQK 47FnE2 5
RESOLUTION NO. 81-57
RESOLUTION REVOKING INDIAN RIVER COUNTY
RESOLUTION 67-37 AND PROHIBITING THE
OPERATION OF ALL MOTORIZED VEHICLES UPON
ANY PART OF THE PUBLIC BEACHES LOCATED
WITHIN INDIAN RIVER COUNTY, FLORIDA,
PURSUANT TO THE AUTHORITY OF SPECIAL
ACTS CHAPTER 61-2272; PROVIDING FOR
PENALTIES FOR VIOLATIONS AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, pursuant to the authority of that Special Act
applying to Indian River County referred to as Chapter 61-2272,
the BOARD OF COUNTY COMMISSIONERS has authority to prohibit the
operation of motor vehicles upon public beaches in Indian River
County, Florida; and
WHEREAS, in order to protect the sand dunes, vegetation
growing on the dunes and certain wildlife frequenting the
beaches, the BOARD OF COUNTY COMMISSIONERS determines for health
and welfare purposes of all citizens of Indian River County that
all motorized vehicles except those exempted shall be prohibited
from using the public beaches within Indian River County,
NOW, THEREFORE, BE IT RESOLVED by the BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that
A. Indian. River County Resolution 67-37 is hereby revoked,
vacated and abolished.
B. From the date of this Resolution no motor vehicles
except those exempted shall be operated upon any part of the
public beaches located within Indian River County, Florida.
C. This.Resolution is adopted pursuant to the authority of
Special Acts, Chapter 61-2272, and the definitions as set forth
in said Special Act shall apply.
D. It shall be unlawful for any person to operate a motor
vehicle except those exempted upon the public beaches in Indian
River County, Florida, or any part thereof, in violation of any
of the terms, conditions, restrictions and limitations as set
forth in this Resolution.
E. Emergency motorized vehicles, law enforcement motorized
vehicles, and motorized vehicles used for maintenance or scientific
purposes approved by the County Administrator in writing shall be
exempted from this Resolution.
T
F. Any person violating any of the provisions of this
Resolution shall, upon conviction, be punished as prescribed by
law for violations of County Ordinances.
G. This Resolution shall become effective immediately.
BOARD OF COUNTY COMMISSIONERS
OF INDI RI R COUNTY, FLORIDA
By
ATTEST:
Freda Wright
Clerk of,Circuit Court
Yatrick B. Lyons
Chairman
A U G 191991 BOCK 47 FACE 266..
A U G 191991
o ft
PUBLIC HEARING — REZONING TO'C-1A REQUESTED BY FIRST FEDERAL SAVINGS AND
LOAN OF THE PALM BEACHES — ORDINANCE 81-30
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 Heath, 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 -a
in the matter of z e
in the •—� /�/ Court, was pub-
lished in said newspaper in the issues of 4, /,Pgf/
A;r =r says that the said Vero Beach Press -Journal is a newspaper published at
Vero- said Indian River County, and that the said newspaper has heretofore
be,., y published in said Indian River County, Florida, weekly and has been entered
mail matter at the post office in Vero Beach, in said Indian Rivet County, Florida
of one year next preceeding the first publication of the attached copy of adver-
^i: 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 his day of Talc-A.D. /
I — usiness Manager)
1.
(SEAL) (Clerk of the Circuit Court, ( i dn River County, Florida)
.i
NOTICE
NOTICE IS HEREBY GIVEN that the Board
of County Commissioners of Indian River.
County, Florida, is reviewing the feasibility, of
making the following changes and additions to.
the Zoning Ordinance of Indian River County,',
Florida, which changes and additions ares
substantially as follows:
1. That the Zoning Map. be changed in order
that the following described property located
ON THE SOUTH SIDE OF ROUTE 60, AP.
PROXIMATELY 1600 WEST OF THE ROUTE -
60 BRIDGE OVER. THE RELIEF`.CANAL In,.=
Indian River, County, Florida, to -wit:
The East 10 acres of Tract 11, lying North of',
the Main Outfall Canal in Indian River Farris.':'
Drainage District In Section 4, Township. 33
South, Range '39. East, as the same Is
designated on the last general plat of lands of.,
Indian River Farms Company filed in the
Office of the Clerk of the Circuit Court of St.
Lucie County, Florida; ;aid land now lying and
being in Indian River County, Florida. -
Be rezoned from R-1 Residential to C-lA
Restricted 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 said.
Board of County Commissioners of Indian
'River County, Florida, In the Coyncil Chamber
of the City Hall, Vero Beach, Florida, on
Wednesday, August 19,1981, at 1:30 P.M.
Indian River County
Board of County Commissioners
By: Patrick B. Lyons
Chairman
July 14, 16, 1981.
NOTICE OF THE PUBLIC HEARING WAS SENT TO FIRST FEDERAL
SAVINGS AND LOAN OF THE PALM BEACHES BY FREDA WRIGHT, CLERK OF CIRCUIT
COURT, AS REQUIRED BY FLORIDA STATUTE 125.66, COPY OF SAME IS ON
FILE IN THE OFFICE OF THE CLERK►
SENIOR PLANNER ART CHALLACOMBE REVIEWED THE STAFF RECOMMENDA—
TION AS FOLLOWS:
TO: Neil Nelson
County Administrator
DATE: August 19, 1981
FILE: ZC-81-8-450
SUBJECT: First Federal Savings and Loan of
the Palm Beaches rezoning from R-1
to C - 1A
FROM. David M : R ver REFERENCES:
Planning and Zoning Director
It is recommended that the data herein presented be given formal consideration by
the Board of County Commissioners.
Description and Conditions
Applicant requests rezoning of approximately 9.6 acres from R-1 Single Family
Residential to C -1A Restricted Commercial in order to develop a professional
office complex. The parcel is located on the south side of S.R. 60 approximately
1,200 feet east of 56th Avenue. The southern boundary of the subject property
abuts the Main Relief Canal.
Subject property is presently vacant with dense vegetation. The adjacent parcel
to the west is also vacant and contains native vegetation and groves. The area
on the north side of S.R. 60, opposite subject property, contains residential
development. There is also a single family residence on the east side of subject
property. Approximately 500 feet to the east is the West Side Bank.
Alternatives and Analysis
A) Approve the rezoning of the 9.6 acre parcel from R-1 Single Family Residential
to C -1A Restricted Commercial. The C -1A District would comply with both the existing
and Proposed Comprehensive Plans: The parcel is extensive enough to allow design
flexibility and provide adequate buffers to assure compatible development. There
are adequate roads and utilities available to support commercial uses in this area.
The Planning and`Zoning Commission unanimously recommended approval of the request
to rezone 9.6 acres from R-1 Single Family Residential to C -1A Restricted Commer-
cial.
B) Disapprove the rezoning request, leaving the present zoning configuration intact.
Recommendation:
A) That the 9.6 acres be rezoned from R-1 Single Family Residential to C -1A
Restricted Commercial.
B) That the Ordinance effecting rezoning be adopted.
DISCUSSION ENSUED ABOUT THE LOCATION OF THIS PROPERTY IN
RELATION TO THAT RECENTLY REZONED FOR INDIAN RIVER FEDERAL SAVINGS &
LOAN. MR. CHALLACOMBE EXPLAINED THAT THAT PROPERTY IS LOCATED TO
THE WEST OF THIS WITH VACANT PROPERTY IN BETWEEN AND STATED THAT THIS
AREA IS PLANNED TO BE A COMMERCIAL NODE IN THE FUTURE.
AUG 191981 65
X00 4.7 PACE 268
AUG 19 1981 6% 47 FAcE269
THE CHAIRMAN ASKED'IF ANYONE PRESENT WISHED TO BE HEARD.
ATTORNEY GEORGE HEATH CAME BEFORE THE BOARD REPRESENTING
FIRST FEDERAL OF THE PALM BEACHES. HE INFORMED THE BOARD THAT THE
NEIGHBORS BORDERING THIS PROPERTY ARE IN FAVOR OF THE PROPOSED REZONING.
HE BELIEVED THE PROPOSED DEVELOPMENT IS AN EXCELLENT ONE, CONSISTENT
WITH THE OVERALL LAND USE PLAN, AND THAT IT IS AN ESPECIALLY GOOD AREA
BECAUSE OF THE NATURAL BUFFERS.
ROBERT REIDER WISHED TO BE ENLIGHTENED AS TO A SITUATION
WHERE COMMERCIAL SUPERSEDES RESIDENTIAL ZONING WITH SPECIFIC REFERENCE
TO THE HOSPITAL AND THE BAPTIST RETIREMENT CENTER, ETC.
MR. CHALLACOMBE EXPLAINED THAT ESSENTIALLY IN ANY LAND USE
PLAN WITHIN A RESIDENTIAL AREA, THERE WOULD BE INTERSPERSED COMMERCIAL.
THIS IS MERELY AN OVERLAY AND WOULD NOT SUPERSEDE. THE SAME CONCEPT
APPLIES TO ANY OF THE COMMERCIAL NODES,
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER
BIRD, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING,
ON MOTION MADE BY COMMISSIONER SCURLOCK, SECONDED BY
COMMISSIONER BIRD, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 81-30
GRANTING THE REZONING TO C—].A REQUESTED BY FIRST FEDERAL SAVINGS & LOAN
OF THE PALM BEACHES,
ORDINANCE NO.
81-30
WHEREAS, the Board of County Commissioners of Indian River
County, Florida, did publish and send its Notice of Intent to
rezone the hereinafter described property and pursuant thereto
held a public hearing in relation thereto, at which parties
in interest and citizens were heard; NOW, THEREFORE,
BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Zoning Ordinance of Indian
River County, Florida, and the accompanying Zoning Map, be amended
as follows:
1. That the Zoning Map be changed in order that the
following described property situated in Indian River
County, Florida, to -wit:
The East 10 acres of Tract 11, lying North of the Main
Outfall Canal in Indian River Farms Drainage District
in Section 4, Township 33 South, Range 39 East, as the
same is designated on the last general plat of lands of
'Indian River Farms Company filed in the Office of the
Clerk of the Circuit Court of St. Lucie County, Florida; said
land now lying and being in Indian River County, Florida.
Be changed from R-1 Residential District to C -1A Restricted
Commercial District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
This Ordinance shall take effect August 24, 1981.
U 191991 sou 47 PAcE 2io
67 J
J
rAUG 19 1981
9DIX ' m
ce.
PUBLIC HEARING - ORDINANCE,81-31 INCREASING ASSESSMENT FOR CRIMINAL
JUSTICE TRAINING
THE HOUR OF 2:30 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 –y��
in the matter of
in the 9 Court, was pub-
lished in said newspaper in the issues of
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 ci; ss mail matter at the post office in Vero Beach, in said Indian River County, Florida
for a pF.•.-� 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 m� this qday of_�1 �' Lzi— A.D.—I'M
r
(SEAL)
VBt7iness Manager)
(Clerk of the Circuit Court, Indi6n)River County, Florida)
a NOTICE`
NOTICE IS HEREBY GIVEN thatthe Board
of County Commissioners of Indian River..
County, Florida, will hold a public hearing on
August 19, 1984 at' 2:30 P.M., in the City
Council Chambers in the Vero Beach City Hall,
i pursuant to Chapter 943.25 Florida Statutes, to
consider the adoption of an
Ordinance increasing the assessment for
advanced specialized criminal justice training
from $1.00 to $2.00 each for both local and state
law enforcement training respectively and
providing an effective date..,
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,
record includes'the testimony in evidence on
which the appeal is based.
Board of County Commissioners
Of Indian River County, Florida y
By-.-s-Patrick B. Lyons
Chairman
dUtYX 1981.
CHAIRMAN LYONS FELT THAT CHIEF DEPUTY RAYMOND'S LETTER
URGING ADOPTION OF THE PROPOSED ORDINANCE WAS SELF-EXPLANATORY,
AND THE BOARD AGREED.
SAID LETTER IS AS FOLLOWS:
7
P. O. BOX 608
PHONE 562.7911
Mx. Patkick t yaws, Chan anan
Board o4 County Comm,uss.ioneu
2145 14th Avenue
Veno Beach, Ftot da 32960
R.T. TIM DOBECK • IArDlA`' RIVrl.R COU.V '
MEMBER FLORIDA SHERIFFS ASSOCIATION
MEMBER OF NATIONAL SHERIFFS ASSOCIATION
VEW BJiACII, FLORIDA 32900
Juty 30, 1981
Thus yeaxs teg-ustatuxe has amended Ftax.ida Statute 943.25, which .in
pant d uLects Ftott i.da' z coutrt6 to a�sz u s a one dottan dee ass a eom t
cost against every pens on convicted 4ox viotation o4 a estate pent
ox c4imi.nat statute ox conviction o6 a mun.icipaE on county oxdinanee.
A sub-zeetion o4 this .statute 4mthex pnov.ides that munieipatitties
and eauntia may asps m s an add i tionat one dottan as a4oxe said, 4otc
cAiminaE justice education and txa.in.ing o4 thei& xe�speetive Law
En4mcement Agenci a . In bath cases o � the State and taeaE as s eszment,
throe 4undts may be onty aged (jot training as set 4oxth and in accordance
with Section 943.14(4) F.S. The new amendment to thus statute pxovidu
jox the 4ee amount of one dottan be Aaised to too dottatus with aU other
pnovi,s.iows xemain.ing the same.
I cannot emphasize enough what a gxeat bene4it these training 4und-s
have been to the She i44',s Depaxtiient .in pxov.iding good edueati.onaE
p)Logxams 4otL aux o 4 j icem . 1 deet that tvi th the even inenea'5.ing cost
of txaining, we wiU soon have to cut back on these txa.ining pxogxamz
un e,ss additionat 4un&s axe .seeuned. In adopting the pxoeeduxe set
joxth .in F.S. 943.25, theze 6unds witt xemain ava.ita.bte without the
need o6 the S&Ai46 having to xeque�st them as a xeguzax budget .item and
wiZZ xemove this bwLden 6ufn the majox.ity o6 taxpayetus and ptaee .it on
viotato" .
I thexe6me uxge that t iz item be ptaeed on the agenda oA the JiA6t
avaiZabte meeting o5 the County Commission and that the amended statute
be adopted as oxd.inanee.
1 have encZo,sed a copy o4 the tstatute as we. -E as a model oxd.inance
which may be used by the Comm-usz ion .i6 they so daite.
Thank. you 4ox youx azz i stance .in thin mattm
SincexeEy,
----, -7�
Roy H.0 acymond
Chi.e6 Deputy
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD.
THERE WERE NONE.
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER
BIRD, THE BOARD UNANIMOUSLY ADOPTED ORDINANCE 81-31.
AUG 191981
L- 69
g00�! 47 PACE 272
I
BOOK 47 FATE 273!
J'
ORDINANCE NO. 81-31
AN ORDINANCE ASSESSING AN ADDITIONAL $2.00 AS
COURT COSTS IN ALL CRIMINAL CONVICTIONS IN
COUNTY AND CIRCUIT COURTS IN INDIAN RIVER
COUNTY, FLORIDA, PURSUANT TO THE PROVISIONS
OF SECTION 943.25(8)(a), FLORIDA STATUTES,
AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMAZISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA:
Section 1. Every County and Circuit Court in Indian River
County, Florida, created by the Constitution of Florida or by
Legislative Act shall assess $2.00 pursuant to Section 943.25
(8)(a), Florida Statutes, as a court cost against every person
convicted for violation of a state penal or criminal statute or
convicted for violation of a municipal or county ordinance. In
addition, $2.00 from every bond estreature or forfeited bail
bond related to such penal statutes or penal ordinances shall
be deposited in the General Fund of Indian River County for the
purpose hereinafter provided. However, no such assessment shall
be made against any person convicted for violation of any state
statute, municipal ordinance or county ordinance relating to the
parking of vehicles. All such costs collected by the aforesaid
courts shall be deposited in the General Fund of Indian River
County to be used for law enforcement education expenditures by
said County pursuant to law.
Section 2. This ordinance shall take effect as provided
by law.
This Ordinance shall take effect August 24, 1981.
A
r
PUBLIC HEARING — TRANSFER OF MOORINGS DEVELOPMENT COMPANY SEWER FRANCHISE -
RESOLUTION 81-58
THE HOUR OF 3:00 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 �l
Before the undersigned authority personally appeared J. J. Schumann, Jr.'whd on oath
says that he is Business Manager of the Vero Beach Press-Jeurnai, a weekly newspaper published/
at Vero Beach in Indian River County, Florida; that the dttacheJ copy of advertisement, bejng
a -
in the matter of �5&AYA
in the
lished in said newspaper in the issues of mic4 �� �l 00/
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 Countv, 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 :f 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 c.r securing this adver-
tisement for publication in the said newspaper.
Sworn to and subscribed before me is cay of�177''
A.60 A.D.
-usiness Manager)
(SEAL) fan
(Clerk of the Circuit Court, IndRiver County, Florida)
BEFORE THE BOARD OF
COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
Re: Application and Transfer of The Moorings
Development Company, Sewer Franchise to
HUTCHINSON UTILITIES, INC.
NOTICE OF HEARING
The Board of County Commissioners of
Indian River County will hold a public hearing
on &ySU0 19. 1281, at 3:00 p.m., in its hearing
room at the City Council Chambers at City
Hall, Vero Beach, Florida onthe application of
HUTCHINSON UTILITIES, INC. for transfer
of The Moorings Development Company,
Sewer Franchise on the following described
real property:
All of Government Lot 1, excepting the North
SO feet thereof, Section 27, Township 33 South,
Range 40 East, and all of Government Lot 1,
Section 28, Township 33 South, Range 40 East
(including all of The Moorings, Units 1, 2, and
6, per plats thereof filed in the office of the
Clerk of the Circuit Court of Indian River
County, Florida); all of Government Lot
Section 28, Township 33 South, Range 40 Ea:
and all of Government Lot 2, Section
Township 33 South, Range 40 East • (ince;
6
all of The Moorings, Units 1, t and , per
thereof filed in the office of the Clerk
Circuit Court of Indian River C—.
Florida); all of Government Lot 6, Sect:. ,
Township 33 South, Range 40 East, !/ing
Westerly of Floralton Beach Subdivision
(including all of The Moorings, Units 2 and 6,
lying within said Government Lot); all of
Government Lot S, Section 21, Township 33
South, Range 40 East, lying Westerly of State
Road A -1-A; that part of Government Lots 2
and 3, Section 21, Township 33 South, Range 40
East, lying Westerly of State Road A -1-A; and
that part of Government Lots 1 and 4, Section
21, Township 33 South, Range 40 East, lying
Westerly of State Road A -1-A.
Since requested to examine the rate struc-
ture, the applicant may propose to request a
schedule of rates for this franchise.
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
record includes the testimony and evidence on
which the appeal is based.
DATED this 24th day of July, 1981.
Board of County Commissioners
Of Indian River County, Florida
By: Patrick B. Lyons
Chairman
July 28, 1981,
COMMISSIONER SCURLOCK REVIEWED THE MEMORANDUM OF PROPOSED
MODIFICATIONS WORKED UP BY MOORINGS ATTORNEY DOROTHY HUDSON IN COORDI—
NATION WITH VARIOUS COUNTY OFFICIALS, HUTCHINSON UTILITIES, AND THE
PROPERTY OWNERS, AS FOLLOWS:
Book 47 PAcE274,
AUG 19 1981 71
I
AUG 191991 toox 47 PnE275,.
MEMORANDUM OF PROPOSED MODIFICATIONS
TO
HUTCHINSON UTILITIES, INC. SEWER FRANCHISE
In discussions between Hutchinson Utilities, County Attorney
Collins, Commissioner Scurlock, County Administrator Nelson and
'the writer, the following modifications were proposed to the
Hutchinson Sewer Franchise.
SECTION 4b
Attorney Collins suggested that expansion of the Franchise
territory only be made pursuant to a public hearing. Commissioner
Scurlock suggested the language of expansion be mutal rather than
unilateral, at Hutchinson's initiative.
Commissioner Scurlock would like to add that all those who
"require service" could be serviced by the Hutchinson Franchise.
In his opinion, the majority of the public outside of The Moorings
in the south beach, with it being low density, would not require
service. Any future multi -family or commercial development would
require service.
UrTMN 17
Attorney Collins suggested that the escrow provision be clari-
fied so funds would be released to the County by the Escrow Agent
solely at County's instructions where capital expenditures or main-
tenance repairs were not made by Hutchinson within a reasonable time
(in addition to having the ability to make emergency repairs per
subsection 3). A reasonable time for such non -emergency items would
be within 30 days after County provides Hutchinson a list of de-
ficiencies. This list would generally be drawn at the time of the
annual review provided in Section 21.
SF(: MN 1A
Attorney Collins felt there should be no increase in connection
charges without a public hearing.
SECTION 19
Attorney Collins felt there should be no rate increase without
a public hearing.
z
72
SECTION 21
Commissioner Scurlock suggested, with concurrence of Attorney
Collins, that fees for inspection should be borne entirely by
Hutchinson. Administrator Nelson suggested a reasonable time for
review was approximately one to two days of staff time. The in-
spection should occur the same time each year. Mr. Nelson sug-
gested his office could perform the review within two weeks before
or after the anniversary date of the adoption of the Franchise and
would give Hutchinson a minimum of 24 hours' notice.
SECTIONS 23 and 24
Attorney Collins suggested that, in the event the County term-
inates "for cause or not for cause" the County should not pay intan-
gible items (such as customer list or lost profits). Commissioner
Scurlock suggested a formula should be included in the Franchise for
the purchase of all facilities, including land, in the event of term-
ination. He discussed two methods: 1. replacement cost, less de-
preciation or, 2. an independent appraiser selected by the County
and Hutchinson to value all facilities and the land. The decision of
the independent appraiser would be binding. Attorney Collins con-
curred with the latter method.
Dorothy A. Hudson
August 19, 1981
DISCUSSION ENSUED AS TO HOW CONTIGUOUS AN AREA REQUESTING
SERVICE WOULD HAVE TO BE, AND IT WAS NOTED THAT WOULD BE DETERMINED
ACCORDING TO THE FINANCIAL FEASIBILITY OF PROVIDING THE SERVICE
ATTORNEY COLLINS REVIEWED THE ESCROW PROVISION EXPLAINING
THAT FROM THE OUTSET THERE IS NO MONEY FOR CAPITAL IMPROVEMENTS, BUT
AS RATES COME IN,10% GOES INTO AN ESCROW ACCOUNT UNTIL IT BUILDS UP
TO $20,000. HE THEN EXPLAINED THE NEED FOR A UNILATERAL ACCOUNT WHICH
WOULD ALLOW THE COUNTY TO USE THESE FUNDS FOR MAINTENANCE, ETC., IF THE
FRANCHISE HOLDER AFTER REASONABLE NOTICE DID NOT TAKE CARE OF ANY DE-
FICIENCIES.
THE BOARD THEN DISCUSSED THE PROVISION FOR ANNUAL INSPECTION,
THE COST OF SUCH INSPECTION, ETC,
THE CHAIRMAN RAISED THE QUESTION OF WHY WE GO TO A THIRD PARTY
AT ALL WHEN THE COUNTY IS IN THE PROCESS OF GETTING INTO THE SEWER
BUSINESS AND IT SEEMS WE.GENERALLY END UP WITH THE SYSTEM SOONER OR
LATER AND INHERIT ALL THE PROBLEMS.
73
bom 47FA f
r 9 UG d S V t.aoxc 47 �Au-277,
COMMISSIONER SCURLOCK POINTED OUT THAT THIS PARTICULAR
SYSTEM IS AN ON-GOING OPERATION WHICH HAS NOT BEEN ALLOWED TO DETERI-
ORATE, AND HE BELIEVED THAT THROUGH THE PROVISION FOR ANNUAL INSPECTION
AND ESCROW MONIES, WE HAVE ADEQUATE SAFEGUARDS BUILT IN, HE NOTED
THAT THEY TRIED TO CREATE AN ORDINANCE THAT WOULD BE A MODEL ORDINANCE
FOR OTHER SITUATIONS THROUGHOUT THE COUNTY,
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD,
SAMUEL K. WHITE OF THE MOORINGS PROPERTY OWNERS ASSOCIATION
STATED THAT THEY FELT THE DRAFT OF THE AGREEMENT WAS WELL DONE IN
GENERAL, AND THEIR MAIN CONCERN WAS FINANCIAL RESPONSIBILITY SINCE
THE AUDIT OF HUTCHINSON UTILITIES INDICATED THAT THEIR ABILITY TO OPER-
ATE FINANCIALLY IS PRETTY MUCH DEPENDENT ON THE INDIVIDUALS BEHIND
THEM. HE SUGGESTED THERE BE SOME SORT OF SURETY AGREEMENT TO GIVE
EXTRA PROTECTION, ROBERT REIDER ALSO EXPRESSED CONCERN,
.JORGE GONZALEZ, PRESIDENT OF THE MOORINGS, EXPRESSED THEIR
FAITH IN HUTCHINSON UTILITIES AND THEIR SATISFACTION WITH THE DEALINGS
THEY HAVE HAD WITH THEM SO FAR, HE POINTED OUT THAT IT IS AS IMPORTANT
TO THE INTEREST OF THE MOORINGS AS TO THE COUNTY THAT THIS SERVICE
CONTINUE TO BE CARRIED ON CORRECTLY HE FELT WITH THE FINANCIAL
INFORMATION PRESENTED BY HUTCHINSON AND THEIR PERSONAL QUALIFICATION
AS PROFESSIONALS, THAT THERE IS VERY LITTLE TO BE CONCERNED ABOUT.
ATTORNEY MICHAEL O'HAIRE ECHOED HIS SENTIMENTS.
AFTER FURTHER DISCUSSION ON THIS POINT, THE BOARD GENERALLY
FELT THAT ESCROW AND INSPECTIONS, PLUS THE FACT THAT THE MOORINGS FOR
SOME YEARS TO COME HAS A REAL INTEREST IN THIS BEING A GOING ENTERPRISE,
CONSTITUTE THE GUARANTY.
UTILITY DIRECTOR LINER INFORMED THE BOARD THAT HE HAD EN-
VISIONED HAVING AN INSPECTION MORE OFTEN THAN ONCE A YEAR AND FELT THE
ORDINANCE SHOULD STATE THAT THERE WOULD BE AN INSPECTION "NO LESS THAN
ONCE A YEAR. HE ALSO WISHED TO BE ABLE TO MAKE AN IMPROMPTU INSPEC-
TION WITHOUT HAVING TO MAKE AN APPOINTMENT,
IT WAS NOTED THAT THE MEMORANDUM OF MODIFICATIONS PROVIDES
FOR 24 HOUR NOTICE. MR. LINER FELT THAT WOULD BE ALL RIGHT, AND A
REPRESENTATIVE OF HUTCHINSON UTILITIES STATED THEY HAD NO PROBLEM WITH
THE COUNTY COMING IN ANY TIME THEY WANTED.
COMMISSIONER WODTKE FELT IF THE COUNTY WANTED TO DO AN INSPEC-
TION ON THEIR OWN THAT HUTCHINSON UTILITIES SHOULD NOT HAVE TO PAY FOR
THAT. MR. LINER DID NOT ENVISION ANY SPECIAL COST,
MR. LINER NEXT DISCUSSED INCLUDING A FEE FOR INSPECTING FUTURE
CONNECTIONS TO DETERMINE THAT THEY MEET COUNTY STANDARDS.-
ATTORNEY
TANDARDS.
ATTORNEY COLLINS AGREED THIS SHOULD BE SPELLED OUT AND FELT
IT COULD BE INCLUDED IN 4B, HUTCHINSON UTILITIES HAD NO PROBLEM WITH
THAT, AND THE BOARD AGREED A PROVISION RE FEES FOR INSPECTION OF FUTURE
INSTALLATIONS SHOULD BE INCLUDED AS SET OUT IN ORDINANCE 80-13,
COMMISSIONER BIRD BROUGHT UP POSSIBLE EXPANSION OF THE
FRANCHISE AND WISHED TO HAVE SOME ASSURANCE THAT IF HUTCHINSON HAD
EXCESS PLANT CAPACITY, IT WOULD BE RESERVED FOR COUNTY RESIDENTS.
ATTORNEY COLLINS POINTED OUT THAT THE BOARD WOULD HAVE TO
APPROVE ANY EXPANSION BEYOND THE BOUNDARIES GRANTED AND CLEARLY THIS
DOES NOT EXTEND TO ANY OTHER COUNTY.
COMMISSIONER WODTKE WISHED TO HAVE INFORMATION AS TO TH-
VALUE OF THE FRANCHISE - HOW MUCH THE LINES ARE WORTH, THE PLANT
SYSTEM, ETC,j - TO.GIVE US A BASE UPON WHICH TO NEGOTIATE IN THE
FUTURE WHEN WE GET INTO RATE HEARINGS,
ANTHONY VALLI, ONE OF THE PRINCIPALS OF HUTCHINSON UTILITIES
POINTED OUT THAT THERE IS CONSTANT CHANGE IN THE BASE THAT WILL FIX
THE TOTAL ASSETS OF THE CORPORATION. THE CURRENT RATE STRUCTURE IS
BASED 'UPON A DIRECT OPERATING COST OF $130,000 PER YEAR; IT HAS NOTHING
TO DO WITH CAPITAL VALUE, AND THESE COSTS WILL NOT REMAIN STATIC SINCE
THEY WILL BE USING MORE POWER, ADDING MORE PERSONNEL, ETC,
.JOHN TESTAL, C.P.A. FOR HUTCHINSON, INFORMED THE BOARD
THAT A O TO 10% PROFIT IS ALSO BUILT INTO THE RATE STRUCTURE. HE
STATED THAT THE INVESTMENT CAN T BE DEFINED; THERE IS NO PLANT CAPITAL-
.IZED ON THE BALANCE SHEET, AND WHAT HUTCHINSON IS DOING IS PROVIDING
EFFLUENT TO THE GOLF COURSE FOR YEARS TO COME,
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
SCHMUCKER, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
75
BOaK 4 PACE 278
I
r AUG 19 1981
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER
FLETCHER, THE BOARD UNANIMOUSLY APPROVED RESOLUTION 81-58 WITH MODIFICA-
TIONS AS OUTLINED IN THE MEMORANDUM OF PROPOSED MODIFICATIONS RE SEC-
TIONS 4B, 17-18-19-21-23 AND 24, AND IN ADDITION, AGREED TO REFERENCE
ORDINANCE 80-13 SETTING FEE STRUCTURE FOR INSPECTION; TO MODIFY IN-
SPECTION PROCEDURE TO INCLUDE THAT WE MAY INSPECT NO LESS THAN ONCE
A YEAR AND THAT CONSTRUCTION MUST BE TO COUNTY SPECIFICATIONS; AND
TO INCLUDE A PROVISION FOR REQUIRING COUNTY APPROVAL OF ANY TRANSFERS
OF STOCK OF THE CORPORATE FRANCHISEE IN ADDITION TO THE APPROVAL
REQUIRED UPON TRANSFER OF THE FRANCHISE; THE TRANSFER TO BE EFFECTIVE
IMMEDIATELY AND THE RATE STRUCTURE EFFECTIVE AS OF SEPTEMBER 1, 1981,
RECEIVED,
RESOLUTION 81-58 WILL BE MADE PART OF THE MINUTES WHEN
COMMISSIONER WODTKE LEFT THE MEETING TEMPORARILY AT 4:40 P.M.
APPROVAL OF BOND COUNSEL FOR INDUSTRIAL DEVELOPMENT REVENUE BONDS
(RAMPMASTER PROJECT)
ATTORNEY HOULIHAN REPORTED THAT THE FOLLOWING PROPOSAL RE
SCOPE OF SERVICES AND FEES AS BOND COUNSEL HAS BEEN RECEIVED FROM
FREEMAN, RICHARDSON, WATSON & KELLY:
JUDSON FREEMAN
RAY W. RICHARDSON, JR.
JOHN F. KELLY
A. GRAHAM ALLEN
JOHN L. MCWILLIAMS, III
JUDSON FREEMAN, JR.
ROBERT 0. FREEMAN
WILLIAM D. BRINTON
1200 BARNETT BANK BUILDING
GILES J. PATTERSON
JACKSONVILLE, FLORIDA 32202
(181535-1963)
(904) 353.1264
FRANK L. WATSON
OF COUNSEL
Chairman and :Members
Board of County Commissioners
of Indian River County
c/o Mr. R. Stephen Houlihan
Attorney at Law
744 Beachland Boulevard
Post Office Box'3686
Vero Beach, Florida 32960
August 5, 1981
Re: Scope of services and fee as bond counsel in
connection with Industrial Development Revenue
Bonds (Rampmaster, Inc., Project) of Indian River
County
Gentlemen:
This letter constitutes our proposal to serve as bond
counsel to Indian River County, Florida, in connection with its
.issuance of Industrial Development Revenue Bonds, Series 1981
(Rampmaster, Inc., Project) . Described herein are our proposed
scope of services which will include consultation at all times
with you and/or members of your staff, Collins, Brown, Caldwell &
Evans, Chartered', counsel to the County, and officials and attor-
neys of Rampmaster, Inc.; and our proposed fees in connection
therewith.
our services will include:
1. Preliminary advice as to legal authority for
financing alternatives being considered.
2. Preparation of all resolutions, trust indenture,
loan agreement, guaranty (if applicable) and other basic
agreements and documents which may underly the financing.
3. Preparation of validation pleadings and advice and
consultation with respect to conduct of the validation hearing,
presentation of evidence, legal issues involved and research
required with respect thereto.-
4.
hereto:
4. Participation in the validation proceedings at the
trial court level.
5. Services in connection with the sale of the bonds,
including examination of bond' proofs.
6. Preparation of all necessary closing documents used
in connection with the delivery of the bonds.
7.- Issuance of our opinion with respect to the validity
of the bonds and exemption of interest thereon from federal
income taxation, including review and analysis of all information
necessary in order to deliver such -an opinion.
8. Attendance at the bond closing and, as necessary,
planning sessions, document drafting and negotiating sessions,
meetings of the Board, and the validation proceedings at the
trial court level.
For our services our fee will be $22,500, payable only
if bonds are actually delivered, plus out-of-pocket expenses. In
the event the financing is not consummated and our approving opi-
nion is not delivered,. our fee is usually based upon the hours of
time devoted to the issue prior to cancellation, at $135 per
hour.
The foregoing fee does not include'any services in con-
.nection with the obtaining of a ruling from the Internal Revenue
Service with respect to tax exemption of interest on the bonds,
,or in connection with any short term interim financing in antici-
pation of the issuance of permanent bonds, as neither a ruling
nor temporary financing is presently anticipated. Also, our ser-
vices do not include any responsibility with respect to insuring
adequate disclosure to investors in an official statement of the
County, as we anticipate that, as in the past, other counsel will
undertake that responsibility.
Please let us know if the foregoing is acceptable to the
County.
4
Yours very tru. y,
Jud- n Freeman, Jr.
AUG 19 1981 77
BOOK 47 PACE 280
AUG 1919$] 6bQx 47 pn't281
ATTORNEY HOULIHAN INFORMED THE BOARD THAT HE HAD SUBMITTED
THIS PROPOSAL TO RAMPMASTER FOR REVIEW AND WOULD WITHDRAW THE ITEM AT
THIS TIME.
QUESTION AROSE AS TO THE REASON FOR THE DELAY IN APPROVING
BOND COUNSEL'S PROPOSAL, AND ATTORNEY HOULIHAN EXPLAINED THAT THERE WAS
NO QUESTION AS TO THE DESIGNATION AND SELECTION OF BOND COUNSEL, BUT
RAMPMASTER WANTED TO ANALYZE THE FEE AND HAVE AN OPPORTUNITY TO PRESENT
THEIR OBJECTIONS, IF THEY HAD ANY.
DISCUSSION CONTINUED AS TO WHETHER TO CONTINUE THIS ITEM OR
TO KEEP THE PROJECT MOVING FORWARD BY APPROVING THE PROPOSAL SUBJECT
TO RAMPMASTER'S AGREEMENT.
MOTION WAS MADE BY COMMISSIONER BIRD TO ACCEPT THE PROPOSAL
AS SUBMITTED BY FREEMAN, RICHARDSON, WATSON & KELLY DATED AUGUST STH
SUBJECT TO APPROVAL OF RAMPMASTER, INC., AND IF THEIR APPROVAL IS NOT
FORTHCOMING, THE MATTER WILL BE RECONSIDERED AT THE NEXT REGULAR MEETING.
THE MOTION DIED FOR LACK OF A SECOND.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER
BIRD, COMMISSIONER WODTKE BEING ABSENT FROM THE MEETING AND COMMISSIONER
FLETCHER VOTING IN OPPOSITION, THE BOARD BY A 3 TO 1 VOTE, APPROVED THE
LETTER OF PROPOSAL OF FREEMAN, RICHARDSON, WATSON & KELLY, DATED
AUGUST 51 1981, WITHOUT ANY CONDITIONS.
SOUTH COUNTY FIRE DISTRICT
THE BOARD OF COUNTY COMMISSIONERS RECESSED AT 4:50 P.M. IN
ORDER TO RECONVENE AS THE DISTRICT BOARD OF FIRE COMMISSIONERS OF THE
SOUTH INDIAN RIVER COUNTY FIRE DISTRICT. THOSE MINUTES ARE BEING
PREPARED SEPARATELY.
THE BOARD OF COUNTY COMMISSIONERS RECONVENED AT 5:42 O'CLOCK
P.M. WITH ALL MEMBERS PRESENT, COMMISSIONER WODTKE HAVING RETURNED AT
5:35 O'CLOCK P.M.
Of wolliff
THOMAS MASON, FINANCIAL ADMINISTRATOR OF THE SOUTH COUNTY
FIRE DISTRICT, REQUESTED THAT THE BOARD AUTHORIZE THE CHAIRMAN TO SIGN
THE MODIFICATION TO THE REVERTER CLAUSE IN THE DEED TO THE PROPERTY
FOR THE NORTH COUNTY FIRE STATION ALREADY SIGNED BY THE SCHOOL BOARD
WHICH CHANGES THE WORDING FROM 11 PUBLIC EDUCATIONAL PURPOSES It TO
"A PUBLIC PURPOSE It
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER
FLETCHER, THE BOARD UNANIMOUSLY APPROVED THE MODIFICATION AS DESCRIBED
ABOVE AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN.
AUG 19 1981 4 7 282
79
r AUG 191981 fou 47 FAGS M
MODIFICATION OF REVERTER
The undersigned, the Grantor and Grantee, respectively, of
certain real property conveyed by Warranty Deed and recorded in
0. R. Book 368, page 163-164, of the Public Records of Indian
River County, Florida, in consideration of the mutual benefits
accruing to each, do hereby modify the following restrictive
covenant as set forth in the above described Deed:
In the event the above described property should
cease to be used by the Grantee for public educa-
tional purposes, the title shall revert to the
Grantor School Board in accordance with Section
235.04, Florida Statutes, 1969, as amended.
to read as follows:
In the event the above described property should
cease to be used by the Grantee for a public
purpose, the title shall revert to the Grantor
School Board in accordance with Section 235.04,
Florida Statutes, 1969, as amended.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
INDIAN RIVER COUNTY SCHOOL BOARD,
a body corporate
By
Chairman
INDIAN RIVER COUNTY, a political
subdivision of the State of Florida
By
of the Board of(Clunty Commissioners
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared Gary Lindsey
Chairman of the Indian River County School Board, to me known to be
the person described in and who executed the foregoing instrument
and he acknowledged before me that he executed the same.
WITNESS my hand and official seal in the County and State last
aforesaid this 27th day of July , A. D. 1981.
Adopted 8-19-81
tlotary Public, State of Florida at large
%9y Corrtissiol-) Exf :l;s Oct. 19, 1982
Bonded B, Amencaa f.n & ca-ahy company
M
_t
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State aforesaid and in the County aforesaid to
take acknowledgments, personally appeared Patrick B. Lyons,
Chairman of the Board of County Commissioners of Indian River County,
Florida, to me known to be the person described in and who executed
the foregoing instrument and he acknowledged before me that he
executed the same.
WITNESS my hand and official seal in the County and State last
aforesaid this 27th day of August , A. D. 1981.
914 V
i
14OTARY PUELIC STATE OF FLOMA•AT LA=
MY COMMISSION EXPIRES JULY a 1482
LANDED THRU GEN'11*1 fNS. UNDERWRITUS
BOCA .4 % FAGE 284
_I
PIP -
I AUG 19 14 -
box 47 Stu 285
PUBLIC HEARING RE APPEAL OF VERO BEACH CIVIC ASSOCIATION, JOHN MORRISON
AND NORMAN BADENHOP, CONTESTING APPROVAL OF THE SITE PLAN OF THE SURF &
RACQUET CLUB BY THE PLANNING & ZONING COMMISSION.
THE HOUR OF 4:00 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 VeroBeachin Indian River County, Florida; that the attached copy of advertisement, being
a _ /!.�%Z
in the matter of ><L
in the Court, was pub-
lished in said newspaper in the issues of
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 m this day of A.D. c% .
(Business Manager)
(Clerk of the Circuit Cour than River County, Florida)
(SEAL)
NOTICE
Notice is hereby given that the Board of
County Commissioners of Indian River County
will conduct a public hearing regarding the
appeal of the Vero Beach Civic Association,
Inc., Mr. John Morrison and Mr. Norman
Badenhop, contesting the approval by the
Indian River County Planning and Zoning
Commission of the site plan of the Surf and
Racquet Club at its regular meeting on June
11, 1981.
The public hearing in relation thereto at
which parties in • interest and citizens shalt
have an opportunity to be heard will be held by
the Board of County Commissioners, in the
Council Chambers of the City Hall, • Vero
Beach, Florida, on Wednesday, August 19,
1981, at 4:00 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
record includes the testimony in evidence on
which the appeal is based.
Board of County Commissioners
Of Indian River County, Florida
By: -s -Patrick B. Lyons
Chairman'
Aug. 1, 1981.
QUESTION AROSE AS TO WHETHER THOSE MAKING THE APPEAL HAVE
THE STANDING TO DO SO.
ATTORNEY O'HAIRE CLAIMED THAT RECENT DECISIONS OF THE THIRD
In
DISTRICT COURT OF APPEALS HELD THAT AN ASSOCIATION SIMILAR TO THE CIVIC
ASSOCIATION DID INDEED HAVE STANDING TO CHALLENGE IRREGULARITIES IN
THE PROCEDURES BY WHICH PLANNING & ZONING MATTERS ARE FINALIZED.
ATTORNEY HOULIHAN HELD TO HIS POSITION THAT IT WAS INCUMBENT
UPON MR. O'HAIRE TO ESTABLISH THAT HIS CLIENTS HAVE A STANDING TO MAIN-
TAIN THIS APPEAL AS "AGGRIEVED PARTIES" AND TO ESTABLISH THAT THEY
WILL SUFFER SPECIAL DAMAGES AS A RESULT OF THE SITE PLAN APPROVAL.
ATTORNEY COLLINS SUGGESTED THAT THE BOARD DEFER MAKING ANY
DECISION AS TO STANDING AT THIS TIME AND PROCEED TO HEAR THE MERITS
OF THE APPEAL.
COMMISSIONER SCURLOCK DISCUSSED THE APPEAL PROCESS AND WISHED
TO KNOW IF THERE IS A VEHICLE BY WHICH THIS COMMISSION COULD TAKE ACTION
AND OVERRULE AN ACTION TAKEN BY THE PLANNING & ZONING COMMISSION IF THEY
FEEL IT IS INAPPROPRIATE, HE WAS CONCERNED THAT THE BOARD HAS NO PRO-
CEDURE FOR FINAL REVIEW OVER SITE PLANS,
ATTORNEY COLLINS CONFIRMED THAT THE ORDINANCE DOES NOT PROVIDE
FOR THE COMMISSION TO FILE AN APPEAL.
THE CHAIRMAN ASKED IF ANYONE PRESENT WISHED TO BE HEARD,
ATTORNEY O'HAIRE EXPLAINED THAT THE CRUX OF THEIR APPEAL IS
THAT THE NAMES OF THE REAL OWNERS WERE
NOT DISCLOSED
20
DAYS PRIOR
TO
CONSIDERATION BY THE PLANNING & ZONING
DEPARTMENT
AS
REQUIRED,
BUT
ONLY THREE DAYS, HE CONTINUED THAT WHEN YOU HAVE OUT-OF-TOWN OWNERS
AND CAN DETERMINE THEIR IDENTITIES ONLY THREE DAYS BEFORE THE HEARING,
YOU CAN'T FIND OUT WHO THESE PEOPLE REALLY ARE IN THAT TIME SPAN.
ATTORNEY HOULIHAN STATED THAT IT WAS CLEAR TO HIM UPON READING
THE ORDINANCE THAT THIS 20 DAY PERIOD WAS SELECTED TO PROVIDE THE STAFF
THE OPPORTUNITY TO REVIEW AND TO HAVE ACCESS TO THAT INFORMATION, HE
DID NOT BELIEVE IT WAS A DORMANT PERIOD OF 20 DAYS TO HAVE EVERYTHING
PERFECT, AND.HIS INTERPRETATION IS THAT THE INFORMATION WAS SUBMITTED
IN APPROPRIATE TIME,
ATTORNEY RICHARD BOGOSIAN APPEARED REPRESENTING THE SURF &
RACQUET CLUB AND STATED THAT IT ALL BOILS DOWN TO THE SIMPLE ISSUE THAT
ATTORNEY O'HAIRE AND HIS CLIENTS ARE NOT HAPPY WITH THE DENSITY OF THIS
PROJECT, WHICH IS SOMEWHERE BETWEEN 7.1 AND 7.6, AND WHEN YOU DON'T
LIKE SOMETHING, YOU HIRE A SHARP LAWYER TO NITPICK AND DELAY THE PRO-
CEEDINGS. HE FELT IT WAS ABSOLUTELY WRONG THAT THE PLANNING & ZONING
COMMISSION HAD ALLOWED MR. O'HAIRE'S OBJECTIONS TO DELAY THE DECISION
AT THE ORIGINAL MEETING BECAUSE THE APPLICATION STATED THE PROPERTY
WAS HELD BY A TRUSTEE, WHICH IS THE LEGAL OWNER. HIS CLIENTS DID'NOT
OBJECT, HOWEVER, TO SUBMITTING THE NAMES OF THE "INDIVIDUALS FOR WHOM
THE TRUSTEE WAS HOLDING THE PROPERTY, ATTORNEY BOGOSIAN POINTED OUT
AUG 191991 83
Box .47 PAGE 286
r AUG 191991 Book 47 FAcE287
THAT ALTHOUGH ATTORNEY O'HAIRE HAS NOW HAD A MONTH TO INVESTIGATE
THESE PEOPLE AND PRESENT ANY DEROGATORY INFORMATION, HE HAS NOT PRO-
DUCED ANYTHING TO CONVINCE THIS BOARD THAT THESE OWNERS ARE NOT FIT.
HE FELT THAT MR. O'HAIRE MUST PROVE THAT THERE IS SOME DAMAGE TO HIM
OR THE PARTIES HE REPRESENTS OR THAT THERE IS SPECIFIC HARM TO THE
HEALTH AND WELFARE OF THE COMMUNITY; OTHERWISE, HE FELT IT IS INCUMBENT
ON THE BOARD TO APPROVE THE SITE PLAN AND REJECT THE APPEAL AS HAVING
NO MERIT.
ATTORNEY O'HAIRE FELT THE FACT THAT THERE IS NO PUBLIC WATER
SUPPLY TO THIS AREA DEMONSTRATES AN IMPACT ON PUBLIC HEALTH AND SAFETY,
AND IN ADDITION, NOTED THAT THERE HAS BEEN NO DEMONSTRATION OF AVAILA-
BILITY OF A POTABLE WATER SUPPLY, WHICH IS A REQUIREMENT OF SITE PLAN
APPROVAL, HE CONTINUED THAT THIS BOARD IS NOT THE PROPER FORUM TO
CONSIDER THE MERITS OF A SITE PLAN, AND THE QUESTION AT HAND IS SIMPLY
WHETHER OR NOT THE PLANNING & ZONING COMMISSION DID COMPLY WITH THE
ORDINANCE. ROBERT REIDER AGREED THAT IS THE MAIN ISSUE.
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
WODTKE, THE BOARD UNANIMOUSLY CLOSED THE PUBLIC HEARING.
DISCUSSION FOLLOWED ON THE WORDING IN THE SITE PLAN ORDINANCE,
AND ATTORNEY HOULIHAN QUOTED THE WORDING IN SECTION 23 (A) 3;
"AN APPLICATION SHALL BE IN A FORM SUBSTANTIALLY IN ACCORDANCE WITH
THE FORM PRESCRIBED BY THE PLANNING & ZONING OFFICE...." HE NOTED
THAT AS REGARDS THE 20 DAY PERIOD, IT MERELY STATES THAT THE APPLICA-
TION SHALL BE SUBMITTED 20 DAYS BEFORE CONSIDERATION. HE BELIEVED
THIS 20 DAYS IS FOR STAFF'S BENEFIT AND PURPOSES OF REVIEW AND THAT
IT DOES NOT MANDATE A DORMANT 20 DAY PERIOD.
PLANNING DIRECTOR REVER COMMENTED THAT THE SITE PLAN SECTION
SAYS THE PARTY SHALL EITHER HAVE OWNERSHIP OR CONTROL OF THE PROPERTY,
AND THEY HAVE ALWAYS GONE BY THAT - IF IT IS A TRUSTEE, THEN THEY HAVE
WORKED WITH THAT, HE NOTED THAT THEY JUST NEED THE NAME TO COMPARE
WITH THE DEED TO VERIFY THE DOCUMENTS; THEY DON'T INVESTIGATE THE
PEOPLE. HE STATED THAT WHEN THE PACKETS WERE SENT OUT FOR THE PLANNING
& ZONING COMMISSION MEETING, THEY WERE SATISFIED THEY HAD ALL THE
INFORMATION NEEDED FOR BOARD REVIEW.
sI
ATTORNEY HOULIHAN AGREED THAT OWNERSHIP OR CONTROL WOULD
INCLUDE TRUSTEES.
CONSIDERABLE DISCUSSION ENSUED AS TO TAKING TITLE TO PROPERTY
AS A TRUSTEE. IT WAS NOTED THAT AT THE PLANNING & ZONING COMMISSION
MEETING UNDER DISCUSSION, THREE OR FOUR CORPORATIONS APPLIED FOR SITE
PLAN APPROVAL AND NO LIST OF STOCKHOLDERS WAS REQUIRED.
MOTION WAS MADE BY COMMISSIONER VIODTKE, SECONDED BY COMMIS-
SIONER BIRD, BASED UPON INFORMATION SUBMITTED AND ADVICE OF THE COUNTY
ATTORNEY THAT THE ACTION TAKEN BY THE PLANNING & ZONING COMMISSION
WAS CORRECT, TO DENY THE APPEAL CONTESTING APPROVAL OF THE SITE PLAN
OF THE SURF AND RACQUET CLUB.
COMMISSIONER FLETCHER HAD FURTHER QUESTIONS ABOUT WHO HAS
THE RIGHT TO APPEAL, THE TIME PERIOD, ETC., AND IT WAS FELT POLICY
QUESTIONS SHOULD BE ADDRESSED AT ANOTHER TIME.
THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND
CARRIED 4 TO 1 WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION.
CHAIRMAN LYONS COMMENTED THAT HE WOULD LIKE TO SEE THE
PLANNING & ZONING COMMISSION ADOPT A POLICY IN WHICH PASSAGE REQUIRES
AT LEAST THREE VOTES, AND IF ONLY THREE PEOPLE ARE PRESENT, IT MUST
BE UNANIMOUS. HE FELT POSSIBLY THE COUNTY COMMISSION SHOULD ADOPT
THIS SAME POLICY.
ATTORNEY COLLINS WAS NOT SURE THE BOARD COULD ESTABLISH PROCE-.;
DURE INCONSISTENT WITH STATUTORY PROCEDURE FOR THE COUNTY COMMISSION,
BUT FELT THEY MIGHT BE ABLE TO DO SO FOR THE PLANNING & ZONING COMMIS-
SION.
PRELIMINARY PLAT APPROVAL - KINGSLAKE SUBDIVISION UNIT II
ADMINISTRATOR NELSON REVIEWED THE FOLLOWING MEMO:
m
Book 47
,w
A U G 191991 soot 47 'PACE 289
TO: The Honorable Members of the DATE: August 12, 1981 FILE:
Board of County Commissioners . .
SUBJECT: Request for Preliminary Plat Approval
of Kingslake Unit II Subdivision
FROM: Neil A. Nelson, REFERENCES:
County Administrator
Description and Conditions
During the August S, 1981, meeting of the members of the Board of County
Commissioners, the decision to take action for approval of Kingslake Unit II
Subdivision was postponed at the request of Mr. S.P. Musick, the Owners Agent,
to allow the County Staff to research past policy on requesting both the
dedication of additional right-of-way and paving of a half road along Pecan
Road. Mr. Musick's claim was that it is not equitable for his client to be
requested to give property for right-of-way and pay the cost of paving a half
road when the property owner south of the existing canal only has to pay for
the half road paving.
In an effort to determine past County policy, the County Engineering Depart-
ment
epartment researched the Subdivision Ordinance and past subdivision projects approved
in the last few years which front on unpaved roads. A copy of the Engineering .
Division memo is attached. It is evident that, where possible, half or partial
right-of-way has by policy been requested for all subdivisions reviewed. The
County -has dot been consistant on requesting paving of adjoining half roads -`.or
is 'uF31iT ove-r-oacds,=end-has = never -requested property comers south of the
existing*-sublateral canals provide for the paving of a half road.
Analysis and Alternatives
In analyzing the current Subdivision Ordinance, the staff interprets that
all roads are to be paved and where "half" or "partial" roads are existing,
the other part of the street shall be dedicated within such tract. Pecan Road,
in this case, may be considered to be a "partial" road and additional right-of-
way should be requested. As to requiring the paving, it is the staff's position
that Pecan Road should be paved based on the Subdivision Ordinance requirement
that "the arrangement of streets in new subdivisions shall be such as to facil-
itate and coordinate with the desirable future platting of adjoining unplatted
property ... and to provide for local circulation and convenient access to
neighborhood facilities", and that all streets shall be paved.
Based upon the above, two alternatives are presented for the Board's
consideration.
Alternative # 1
Request dedication of the property for Pecan Road right-of-way.and the
paving of a half road along Pecan Road. This alternative can only be equit-
able if the County sets the policy that that subdivider south of the canal
shall also be requested to pave the other half, regardless of whether he
connects or not. The developer to the south must bear the cost of culverting
the canal in leiu of providing right-of-way so a certain equity is present if
the County requires the o�mer south of the canal to connect to Pecan Road
thereby providing for local circulation.
Alternative # 2
Request dedication of the property for Pecan Road right-of-way and funding
of paving to be provided as directed by the Board when necessary under the
provisions of the Special Assessment Ordinance and based upon benefitted area.
This alternative would place the road paving burden on all of the benefitted
residents. The disadvantage of this, alternative includes requesting a property
owner with a large tract (10 acres or so) to share in the cost when he does not
wish to do so.
Recommendations and Funding
Based upon staff interpretation of the existing subdivision ordinance, it
is recommended that Preliminary Plat approval of Ydngslak e Subdivision Unit II
be granted subject to Alternative # 1 thereby requesting the additional right-of-way
for Pecan Road be deeded to the County and paving of a half road along Pecan Road.
There are no funding considerations to be addressed by the Board concerning
this recommendation.
COUNTY ENGINEER DAVIS NOTED THAT THE SUBDIVISION ORDINANCE
STATES IT IS THE INTENT TO PROVIDE FOR THE CONSTRUCTION OF STREETS,
DRAINAGE, ETC., SO THAT IMMEDIATE EXPENDITURES OF PUBLIC FUNDS ARE
NOT USED TO PROVIDE THESE IMPROVEMENTS; FURTHER, THERE ARE THREE PARA-
GRAPHS IN THE ORDINANCE THAT ADDRESS THE ARRANGEMENT OF STREETS AND
PROVISION OF FACILITIES IN COORDINATION WITH STREET PLANNING OF ADJACENT
LANDS. STAFF'S INTERPRETATION IS THAT THE GIVING OF RIGHT-OF-WAY A -N.
PAVING IS WITHIN THE INTENT OF THE ORDINANCE. ENGINEER DAVIS FURTHt:�:
rBDOI( 47 �Arfi
A U G 191991
THE BOARD ACCEPT THE RIGHT-OF-WAY BECAUSE WITHOUT IT, THEY WOULD BE
HARD PRESSED TO BUILD A ROAD.
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY GRANTED TENTATIVE APPROVAL OF KINGSLAKE
SUBDIVISION UNIT II SUBJECT TO DEDICATION OF A 30' RIGHT-OF-WAY ON
PECAN ROAD.
REQUEST TO BEGIN CONSTRUCTION ON VILLAGE GREEN WEST - PHASE IV PRIOR TO
COMPLETION OF IMPROVEMENTS BASED ON CASH BOND
THE BOARD HAD A PROBLEM WITH TAKING ACTION ON THE ABOVE
REQUEST PRIOR TO ISSUANCE OF THE DEVELOPMENT ORDER, AND IT WAS AGREED
TO HOLD A SPECIAL MEETING ON THIS MATTER 1:30 P.M. MONDAY, AUGUST 24,
1981.
EXTENSInN nF GIFFORD SEWER SYSTEM - PHASE III
THE BOARD REVIEWED THE FOLLOWING MEMO:
.,
TO: Board of County Commissioners ®ATE: August 13, 1981 FILE:
SUBJECT: Phase II Gifford Area Sewage
Improvements
FROM: Neil A. Nelson REFERENCES:
County Administrator
We nave received a request for an extension of the contract on the subject
project.
The engineer for the project has requested that the proposed completion
date be extended for three weeks, twenty-one calendar days from August
10th, 1981, to August 31st, 1981.
The reasons for this request is because equipment that has been expected to
arrive has still not arrived and is amuck ordered`.as well as the power
suL�lied by Florida Power & Light Company was not placed in the proper
position to connect to the system. This change order will not effect the
contract price.
I have looked into the reasons for the extension of the contract and feel
that the contractor could not avoid this delay; therefore, it is recommended
that this contract change order be approved and that the Chairman be
authorized to sign the contract change order and that it be forwarded to the
Farmers Home Administration.
_, 88
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
SCURLOCK, THE BOARD UNANIMOUSLY ACCEPTED THE RECOMMENDATION OF THE
ADMINISTRATOR; APPROVED THE CONTRACT CHANGE ORDER; AND AUTHORIZED THE
SIGNATURE OF THE CHAIRMAN.
EMERGENCY ITEM RE ADDITIONAL GRANT FROM FMHA FOR SOUTH COUNTY WATER SYSTEM
ATTORNEY COLLINS EXPLAINED THAT VERY SUDDENLY THE POSSIBILITY HAS
ARISEN OF OBTAINING ADDITIONAL FUNDS FROM FMHA IF WE ACT QUICKLY,
COMMISSIONER FLETCHER WAS RELUCTANT TO ADD THIS ITEM TO THE
AGENDA, BUT AGREED TO VOTE FOR IT RATHER THAN NECESSITATE THE CALLING
OF A SPECIAL MEETING OF THE BOARD,
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
BIRD, THE BOARD UNANIMOUSLY ADDED THE EMERGENCY.ITEM REQUESTED BY THE
ATTORNEY TO TODAY'S AGENDA,
ATTORNEY COLLINS EXPLAINED THAT ENGINEER JOHN ROBBINS HAD
BENE INFORMED BY A REPRESENTATIVE OF FMHA THAT THEY ARE IN THE PROCESS
OF DIVVYING UP THE SURPLUS MONIES THEY HAVE AVAILABLE THIS YEAR, AND
IF WE SUBMIT AN APPLICATION IMMEDIATELY, OUR PROJECT MAY HAVE SOME
PRIORITY,
ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER
SCUR LOCK, COMMISSIONER FLETCHER VOTED IN OPPOSITION, THE BOARD BY A
4 TO 1 VOTE, AUTHORIZED ENGINEER .JOHN ROBBINS TO PREPARE THE NECESSARY
GRANT APPLICATION TO SUBMIT TO FMHA FOR ADDITIONAL GRANT FUNDS FOR THE
SOUTH COUNTY WATER SYSTEM AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN,
APPROVAL OUT -OF -COUNTY TRAVEL TO S.A.C.-C.-MEETING
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER
BIRD, THE BOARD UNANIMOUSLY APPROVED OUT -OF -COUNTY TRAVEL TO THE
STATE ASSOCIATION OF COUNTY COMMISSIONER'S CONFERENCE IN ST, PETERSBURG,
SEPTEMBER 23-26 FOR ALL MEMBERS OF THE COUNTY COMMISSION, THE ADMINISTRA-
TOR AND MEMBERS OF HIS STAFF, AND THE COUNTY ATTORNEY,
REPORT ON JAIL RENOVATION_
CHAIRMAN LYONS ANNOUNCED THAT HE WILL SUBMIT THIS REPORT
TO THE BOARD IN A MEMO AND EXPRESSED THE BELIEF THAT WE WILL HAVE TO
GO ALONG WITH THE REQUIREMENTS OF.THE STATE,
AUG 191991 89 eoox 47qac 292
AUG 9 8 47 Pnc293
yX
DELEGATES TO FLORIDA CONFERENCE ON CHILDREN & YOUTH
CHAIRMAN LYONS REPORTED THAT WE ARE ELIGIBLE TO SPONSOR 3
DELEGATES TO THE FLORIDA CONFERENCE ON CHILDREN & YOUTH, AND HE WOULD
LIKE TO PROPOSE VICTORIA ALDERMAN AS THE YOUTH DELEGATE, WHOSE TRANS-
PORTATION AND ROOM WILL BE PAID; RITA SAUERMAN OF YOUTH GUIDANCE, WHO
HAS HER OWN BUDGET; AND HAL SOMMER TO REPRESENT THE SCHOOL BOARD WITH
THE SCHOOL BOARD PAYING FOR HIS PARTICIPATION.
ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER
BIRD, COMMISSIONER FLETCHER VOTED IN OPPOSITION, THE BOARD BY A.4 TO 1
VOTE, AGREED TO SPONSOR THE THREE DELEGATES NAMED ABOVE TO ATTEND THE
FLORIDA CONFERENCE ON CHILDREN & YOUTH IN ORLANDO NOVEMBER 4-6, 1981,
ASSIGNMENT OF LICENSE - INDIAN RIVER CAB LEVISION
COPY OF ASSIGNMENT OF LICENSE HELD BY INDIAN RIVER CABLE -
VISION IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE MEETING
OF AUGUST 13, 1980,
d NMI
ASSIGNMENT
The undersiy;ned, Indian River C.,hlevi_.ion, Inc., a Florida
corporation, does hereby -,rail, assi,,n, transfer and deliver unto
Cable TV Fund VIII -A, a Iimited partnerr:hip of which Jones Intercable,
Inc., a Colorado corporation, is the gener�►1 partner, all its right,
title and interest in, to and under that certain permit to install and
maintain equipment for the transmission and/or distribution of
television signals along the rights of way of Indian River County,
Florida, which permit was origin,illy issued on July 8, 1970 and is now
owned and held by Indian River Cablevision, Inc.
IN WITNESS IJHEREOF, the undersigned has caused this assign-
ment to be sealed and executed in its name by its duly authorized
officer, as of the 22nd day of September, 1980.
i'
-—David L. Kuhn
Secretary
INDIAN RIVER CABLEVISION, INC.
BY ts�
Rober,E/J. Lewis
President
Cable TV Fund VIII -A hereby accepts the above assignment
according to its terms, and also accepts the permit referenced within,
and agrees to observe and b• bound by all limitations, restrictions and
obligations that are now or may hereafter be validly imposed upon the
holder of said hermit.
Dated as of the '22nd day of September, 1980.
AL test :
107
Peter L. Edwards
Assistant Secretary
CABLE TV FUND VIII -A
BY JONES IiNTERCABLE, INC/
General Partner
By
Glenn R. Junes
Chief Executive Officer
�oox 47 WE 294
r AUG 191981
DEED TO SCHOOL BOARD FOR THOMPSON SCHOOL OSLO)
b.. _
StloK 47 Fir, 295
DEED TO THE SCHOOL BOARD FOR PROPERTY FOR THOMPSON SCHOOL
IN OSLO PARK IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT
THE MEETING OF .JULY 9, 1980,
92
a
f
® ® (STATUTORY FORM—SECTION 689.02 F.S.
04is AHgAbentum- Made this 2nd day of September
i -9-8a' T
This instrument was prepared by:
WILLLAM W. CAL.DW=
COLLn'S. BRONiV', CALDWELL
& EVAINS, CIEIARTERED
•Psorneve as Low
P.O. I3ox 3686
VERU BEACIL FI.DIIIDA 32960
f 9 81. Irtuiren
INDIAN FIVER COUNTY, FLORIDA, a political subdivision of the State of
Florida,
of the County of Indian River State of Florida grantor*, and
INDIAN RIVER COLjN'i'Y SCHOOL BOARD, a corporate entity existing under the laws
of the State of Florida
whose post office address is Post Office BOX 2648
oft the County of Indian River State of Florida
Wyror,re,.
itnPOSM4. That said grantor, for and in consideration of the sum of
Ten and no/100-----------r-------------------- 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 grantee's heirs and assigns forever, the following
described land, situate, lying and being in Indian River County, Florida. to -wit.
That part of Oslo Park, Unit #2, according to plat recorded in Plat Book 4,
Page 13, Indian River County records, lying bett,een Alabama Avenue and Oklaho e
Avenue, as shown on said plat, and bounded.on the North by Nebraska Street, as
shown on said plat, and bounded on the South by County road, as shown on said
plat.
Subject to restrictions, easements, reservations of record and provisions of
Warranty Deed as recorded in Official Record Book 5, Page 307, public records
of Indian River County, Florida.
11
and said grantor does hereby fully warrant the title to said land, and will defend the some against the lawful claims of all
persons whomsoever.
y * "Grantor" and "grantee" are used for singular or plural, as context requires.
3n Witnrso MbprPof. Grantor has hereunto set grantor's hand and seal the day and year first above written.
Signe sealed anddeliver�inur present INDL11N RIVER COUNTY, FLORIDA, a political
subdi7son of the State of Florida
(Seal)
IIY •J
-- -- % - — (Seal)
ATKST PATRICK B. Ly9xf
Fl; EDA
--- (Seal)
Clerk of the Circuit
COulrt (Seal)
STATE OF Florida
COUNTY OF Indian p
I HEREBY CERTIFY that on this day before me, an officer duly auallfied to take acknowledgments, personally appeared
to me known to be the persorS described in and who executed the foregoing instrument and acknowledged before me that
they executed the some.
WITNESS my hand and official seal in the County and State last aforesaid this 2nd day of Septcnb r
19
My commission expires: 7N ry Public
W31 -Aly KI -LIC 5TAIE 0: RC:tI04 Al 1,4Xa
My ccCmV..15510-.4 FY,p;1y F'Ly 3 1r52
AUG 191991
BOOK 4.1 FACE 296
AUG 19191
THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING
BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND
WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND MOS.
71679 - 71801 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 MINUTES
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 6:45 O'CLOCK P.M.
ATTEST:
CLE
a
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