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9/30/1981
I'IEDNESDAY, SEPTEMBER 30, 1951 THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, MET IN REGULAR SESSION AT THE CITY HALL COUNCIL CHAMBERS, 1053 20TH PLACE, VERO BEACH,. FLORIDA, ON WEDNESDAY, SEPTEMBER 30, 19811 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 dEI L A. NELSON, COUNTY ADMINISTRATOR; L. S. `TOMMY" THOMAS, INTERGOVERNMENTAL COORDINATOR; GEORGE G. COLLINS, JR., ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; JEFFREY K. BARTON, FINANCE DIRECTOR; DAN FLEISCHMAN, BAILIFF; AND .JANICE CALDWELL AND VIRGINIA HARGREAVES, DEPUTY CLERKS. THE CHAIRMAN CALLED THE MEETING TO ORDER ATTORNEY COLLINS LED THE PLEDGE OF ALLEGIANCE TO THE FLAG, AND REVEREND DELMAS COPELAND, FIRST UNITED METHODIST CHURCH, GAVE THE INVOCATION. AGENDA. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS TO THE ATTORNEY COLLINS REQUESTED ADDING AN ITEM REGARDING THE ARTICLE THAT RECENTLY APPEARED IN THE PRESS JOURNAL CONCERNING HIS LAW FIRM. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY AGREED TO ADD THIS EMERGENCY ITEM TO THE AGENDA. FINANCE DIRECTOR BARTON REQUESTED ADDING THE FOLLOWING ITEMS: CODE OF ORDINANCES, STATE REVENUE SHARING CERTIFICATE, BUDGET AMENDMENT FOR FISCAL YEAR, AND BUDGET AMENDMENT #4 RE THE SHERIFF'S DEPARTMENT. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY AGREED TO ADD THESE EMERGENCY ITEMS TO THE AGENDA. 47 w�EMO SEP 301981 Lz- - SEP 3 01981 BOOK A7 im.1JE 81 COMMISSIONER BIRD REQUESTED ADDING AN ITEM REGARDING TREE PRESERVATION. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY AGREED TO ADD THIS EMERGENCY ITEM TO THE AGENDA. APPROVAL OF MINUTES THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF AUGUST 24, 1981. COMMISSIONER WODTKE SUGGESTED THAT ON PAGE 2, LINE 24, AFTER "FIRE STATION." ADD ", OR UPON COMMENCEMENT OF CONSTRUCTION OF THE SAID FIRE STATION, WHICHEVER SHALL BE EARLIER." ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS- SIONER FLETCHER, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF AUGUST 24, 1981, AS AMENDED. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 1, 1981. ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMIS- SIONER SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 1, 1981, -AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 2, 1981. ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE REGULAR MEETING OF SEPTEMBER 2, 1981, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 8, 1981. ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMIS- SIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 8, 1981, AS WRITTEN. THE CHAIRMAN ASKED IF THERE WERE ANY ADDITIONS OR CORRECTIONS TO THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 9, 1981. ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY APPROVED THE MINUTES OF THE SPECIAL MEETING OF SEPTEMBER 9, 1981, AS WRITTEN. .." ! 1■ i!►'! ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY APPROVED TAX SALE CERTIFICATE No. 176 FOR JAMES SPOSATO, .JR., IN THE AMOUNT OF $23.80. THE FOLLOWING REPORT WAS RECEIVED AND PLACED ON FILE IN THE OFFICE OF THE CLERK: REPORT OF ,JUVENILES IN'JAIL - AUGUST, 1981. C. CODE OF ORDINANCES FINANCE DIRECTOR BARTON REVIEWED THE FOLLOWING MEMORANDUM WITH THE BOARD: September 25, 1981 MEMO TO: BOARD OF CC[7NPY COMMISSIONERS FROM:0� ; JEF'Fi2EY K. BAR'M, FINANCE DIRECTOR t� RE: CODE OF ORDINANCE BOOKS Please be advised that due to the fact that we are out of the Indian River County Code of OYdiance Books, we have contacted Quality Printers and the Municipal Code Corporation to inquire as to the cost of having more copies printed. The replies are as follows: Municipal Code Corporation: 1 to 50 copies App. 600 pages at $4.70 per page ...................................$2,820.00 51 to 100 copies app. 600 paqes at ?5.20 per page ...................................$3,120.00 Quality Printers: 51 to 100 copies App. 600 pages.....................................................$3,500.00+ we request that you review these fiqures and advise as to your decision. Thank you. BOOK 47 PAGE 582 SES' 3 01981 3 SEP 3 01981 FINANCE DIRECTOR BARTON DISCUSSED THE CODE OF ORDINANCES WITH THE BOARD AND RECOMMENDED THAT 100 BOOKS BE PRINTED@ ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY AUTHORIZED THE PURCHASE OF 100 COPIES OF THE CODE OF ORDINANCES, AND THAT TWO COPIES, WHICH WILL BE CONTINUALLY UPDATED WITH SUPPLEMENTS, BE SENT TO THE PUBLIC LIBRARY, P'lOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COMMIS- SIONER SCURLOCK, THAT THE BOARD APPROVE THE STATE REVENUE SHARING CERTIFICATE, AND AUTHORIZE THE SIGNATURE OF THE CHAIRMAN THE CHAIRMAN CALLED FOR THE QUESTION, IT WAS VOTED ON AND CARRIED WITH A VOTE OF 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION 4 0091 e7 CERTIFICATE I -OR COMPLIANCE FOR FLORIDA REVENUE SIlARING Indian River County General & Municiml Service Funds Tndizn River County R-am--e-`oocal Taxing Authority lority ame of ounty Please complete Part A or Part 11 below. Part A. I, P. B. Lyottis am the Chief Administrative Officer of the above named Local Taxin, Authority. In this capacity 1 hereby certify that the above named ta%in-, authority has complied with tilt• rcauirements ol' Scktion 200.065. Florida Statutes as amended by Chapter 80-27/4 and Chapler K0-2bt. Laws of Vlorida. for the fiscal year 1981-1982 Part 11. �iz�ftti° ail.l 1 file or(L 1 nunistr ii%e Officer Cliairman, Board of un ty Commissioners 1. --- aln the Chief Administrative Officer of the above named Local Taxin; Authority. In this capacity I beret)y certify that the above named taxing authority will not levy ad valorem taxes for the fiscal wear Signature and Title of Chief Administrative Officer STATE OF FLORIl3; COUNTY OF ..t-fJt Before me personally appeared T 102D/tJS tome well known and known to me to be the person described in and who executed the foregoing instrument, and acknowledged to and before me that &A= _ executed said instrument for the purposes therein expressed t TNESS my hand and official se. 1, this Notary Public State of Florida at Large 3X)TAAY PLM I C S TATE OF FLOA I DA AT tAAM My COMMISSION EXPIUS JULY 8 1982 till' commission expires .e • i[0.Lm1 BOOK 47 PAce 584 O E P 3 01981 SEP 3 01981 i _ �. art._► ■_.: �_':: �_► BOOK 4 7, P-Al7E5.85 ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS— SIONER FLETCHER, THE BOARD UNANIMOUSLY APPROVED BUDGET AMENDMENT #4 FOR THE SHERIFFS DEPARTMENT, 1 LL2S� v !L W ja w W �aU nn ¢o2Em . Oa<g LLO2O_ JLL NCD LL FAQ 1 Th' is t acknowledge eipt Board of County Commissioners. This is to certify that this budget account amendment has been _. 1 0' Approved/ r— Date: 9 3 D `— ��..... Date:g�31 1 Sig re ignature , 0- Title: e- C.tJ Title: S� t Bowen Supply Co., Ltd.. Want City, Fla. JOS 313 1 Indian River COUNTY Sheriff's Department ACCOUMT No.: 4 ArIFIEND t ENT FY:1980-81 DATE REQUESTED 09-25-81 FORM 75-7.4 TO: Indian River COUNTY I hereby request approval for the IN amendment of th Sheriff's Departme t b d e as set forth below: Board of County Commissioners u Bj a ,Sheriff qW Original Budget or Last Amended Budget Including Amend- o Budget Accounts FY 1980-81 Amendments Requested ments Requested m 411 SALARY OF SHERIFF $ 29,920.00 $ -0- $ 29,920.00 412 SALARIES OF DEPUTIES AND ASSISTANTS 1,502.837.00 - 1,700.00 1,501 ,137.00 42 MATCHING FUNDS, SOCIAL SECURITY, 294,787.00 + 140.00 294,927.00 RETIREMENT, & OTHER BENEFITS 43/4 EXPENSES OTHER THAN SALARIES 668,116.00 + 1,560.00 669,676.00 45 EQUIPMENT 141 ,820.00 -0- 141 ,820.00 46 INVESTIGATIONS 8,000.00 -0- 8,000.00 47 CONTINGENCIES -0- -0- -0- TOTAL BUDGET $ 2-645,480.00 $ $ 2,645,480.00 Th' is t acknowledge eipt Board of County Commissioners. This is to certify that this budget account amendment has been _. 1 0' Approved/ r— Date: 9 3 D `— ��..... Date:g�31 1 Sig re ignature , 0- Title: e- C.tJ Title: S� t Bowen Supply Co., Ltd.. Want City, Fla. JOS 313 1 S E P 3 01991 FISCAL YEAR BUDGET AMENDMENT BOOK4 7, 587 ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS- SIONER `"IODTKE, THE BOARD UNANIMOUSLY AUTHORIZED THE FISCAL YEAR BUDGET AMENDMENT AND TRANSFERS, AS FOLLOWS: S ACCOUNT NO: ACCOUNT TITLE INCREASE DECREASE 001-101-511-33.19 Other Professional Services' 10,000 001-101-511-33.11 Legal Services 15,000 001-101-511-33.49 Other Contractual Services 1,000 001-101-511-34.41 Rent - Land 25 -001-101-511-34.72 Outside Printing 500 001-101-511-34.91 Legal Ads 1,000 001-101-511-35.29 Other Operating Supplies 500 001-199-513-99.91 B.C.C. Contingencies 28,025 001-118-537-34.11 Telephone 225 001-199-513-99.91 B.C.C. Contingencies 225 001-201-512-34.02 Travel 1,500 001-201-512-34.43 Rent - Office Equipment 700 001-201-512-34.63 Maint Office Equipment 600 001-2 a1-512-34.64 Maint- Automotive Equip. 450 001-2'91-512-35.11 All Office Supplies 1,900 001-201-512-35.41 Books and Magazines 500 001-201-512-35.42 Dues - Memberships 350 001-201-512-35.43 Meetings & Seminars 700 001-2.01-512-34.11 Telephone 2,500 001-199-513-99.91 B.C.C. Contingencies 9,200 001-206-553-34.02 Travel 300 001-206-553-34.11 Telephone 150 001-199-513-99.91 B.C.C. Contingencies 450 001-208-525-34.69 Maint. - Other Equip. 200 001-208-525-35.43 Meetings & Seminars 500 001-199-513-99.91 B.C.C. Contingencies 700 002-214-541-66.44 Traffic Signals & Markers 22,000 002-199-541-99.91 B.C.C. Contingencies 22,000 004-205-515-33.49 Other Contractual Services 4,000 004-205-515-34.91 Legal Ads 1,500 ' 004-199-513-99.91 B.C.C. Contingencies 5,500 004-207-524-11.14 Overtime 1,400 004-205-515-35.11 Cffice Supplies - Planning 1,400 004-000-381-20.00 Transfers 13,000 004-214-541-34.61 Maint. - Buildinas 13,000 102-214-541-66.29 Other Buildings 13,000 102-199-581-99.21 Fund Transfers 13,000 004-214-541-34.65 Maint. - Heavy Equip. 15,000 004-199-513-99.91 B.C.C. Contingencies 15,000 102-906-523-66.39 Other Improvements - Ex. Bldgs 500 102-199-584-99.91 B.C.C. Contingencies 500 411-217-534-33.13 Engineering Services 11,000 411-199-534-99.91 B.C.C. Contingencies 11,000 411-217-534-35.21 Fuels & Lubricants 8,500 411-199-534-99.91 B.C.C. Contingencies 8,500 S E P 3 0.1981 Boca 4 `7 PAGE 588 L r SEP 301981 .• BOOR 4,7 u% 5sq ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS- SIONER BIRD, THE BOARD UNANIMOUSLY APPROVED THE PROCLAMATION DESIGNATING THE WEEK OF NOVEMBER 2, 1981, AS "FLORIDA ELKS HARRY ANNA CRIPPLED CHILDRENS HOSPITAL WEEK." THE CHAIRMAN THEN READ THE PROCLAMATION ALOUD AND PRESENTED IT TO TONY DI PIETRO*. _ r 10 P R O C L A ,M A T I O 'N WHEREAS, the Benevolent and Protective Order of Elks of the State of Florida operates the !TARRY „NINA CRIPPLED CHILDREt!S HOSPITAL in Umatilla, Florida; and WHEREAS, the :AIRY .,".t!tlA CRIPPLED CHILDRENS HOSPITAL has provided an outstanding medical facility for the needy, crippi children of the State of Florida fo.' newly half a century; WHEREAS, the HARRY CRIPPLED C� ILDRENS HOSPITAi_ five outpatient clinics �-.hich treat more than 5,000 chil'' annually; and WHEREAS, the HARRY ANt!A CRIPPLED CHILDRENS HOSPITAL ti'• -d:, any needy child regardless of race, color, or creed. NOW, THEREFORE, BE IT PROCLAIMED THAT THE BOARD OF!COUNTY COi1MISSIONERS OF Ii!DIli.1 RIVER COUNTY, FLORIDA DO HEREBY DESIGIIATE the .feel: of ,!ovember 2, 1901 as "FLORIDA ELKS HARRY ANNA CRIPPLED CHILDRENS HOSPITAL WEEK" and BE IT FURTHER PROCLAIMED, That the Board expresses its appreciation to the Florida Elks HARRY ANNA CRIPPLED CHILDRENS HOSPITAL, and most particularly to the members of the Florida Benevolent and Protective Order of Elks. Adopted September 30, 1931 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA P 3 01981 Booz- 47 PACE 5 Q S E P 3 01981 i I ► l Y I► ; BOOK 4.7 P,,,u,t,59i ROSEMARY RI CHEY, SUPERVISOR OF ELECTIONS, CAME BEFORE THE BOARD REGARDING THE REDISTRICTING OF THE COUNTY COMMISSION DISTRICTS AND STATED THERE WERE NO ADDITIONAL CHANGES. SHE ADDED THAT IT WAS HER RESPONSIBILITY TO TAKE CARE OF THE REPRECINCTING. ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMIS - STONER FLETCHER, THE BOARD UNANIMOUSLY APPROVED THE REDISTRICTING FOR INDIAN RIVER COUNTY AS PRESENTED BY THE SUPERVISOR OF ELECTIONS. DISCUSSION FOLLOWED,AND IT WAS DETERMINED THAT THE SUPER- VISOR OF ELECTIONS WOULD GET TOGETHER WITH THE ATTORNEY TO REVIEW THE LEGAL DESCRIPTIONS, SHE STATED THAT SHE WOULD NEED AUTHORIZATION TO HIRE A LAND SURVEYOR, IF NEEDED; AND THAT PLANNING DIRECTOR REVER WOULD WORK WITH HER TO DEVELOP THE MAPS$ ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS- SIONER BIRD, THE BOARD UNANIMOUSLY AUTHORIZED THE SUPERVISOR OF ELECTIONS TO REVIEW THE LEGAL DESCRIPTIONS WITH THE ATTORNEY AiND HIRE A LAND SURVEYOR, IF NECESSARY, T. �' _: :►►-� i_- PAUL PALMIOTTO, URBAN FORESTER, APPROACHED THE BOARD AND PRESENTED THE FOLLOWING ANNUAL REPORT ON ACTIVITIES FOR THE FISCAL YEAR 1980-81; w 12_ 66 CONSVMf ,C� j,P nO nO 9 ' STATE OF FLORIDA u oQo a ny nAr F'L0 i0A 0Er.?19TiltENT 01 . G°I{vULTU€�►: �, COr`1 �,��1�'n::"'_,";��:``' WIN P 4Q'�QTMEN� 0� DOYLE CONNER. CO�,'VIISSiC,%Ea _ .',S�CN PJ�:E>'RY' / COLLNNS BUILDING ANNUAL CF1%1 REPORT T-_ CITY COU,,CIL AND COUNTY CC`,11%iISSz10NE-, September 21, 1981 Another year has pasted, and as recuired under the provisions of the County Contract, Sections 589.28 - 5-:9.34 Flcrida Statutes, an annual report is submitted to the governing 5c_y angor municipality no later than September 30, of each year to cover the forestry activities undertaken during the pre- vious fiscal year. As the Vero Beach/Indian Rive^ Courty Forester, I respectfully submit the following report of my activi-ies for tie twelve month period ending July 1, 1980 to June 30, 1981: During the past fiscal year t^ere have been 2666 assists to individuals, local governments and State and Feceral Agencies,involving 2011 hours of the Foresters time. Of this time '70' was spent with the City of Vero Beach, 35% with Indian River County, and 35'3" with the State or other agencies. The Foresters time was spent in these various areas: I. Forest Management 7.3 A. Multiple Use Management Plans 11 assists 85 acres B. Forest Inventory 9 assists 716 acres C. Diagnosis or Reconnaissance Only 19 assists 877 acres 7. D. Site Preparation for Artificial Regeneration_ 2 assists 30 acres E. Tree Planting (Softs -rood) 7 assists 30 t.-ees F. Tree Planting (Hardwood) 2 assists 30 trees III. Fire Control 3.33-., A. Fire Control Work 13 assists B. Fire or Fuel Breaks guilt 3,000 feet C. Fire Hazard Reduction prescribed fire 20 acres III. Forest Education 9.8:, A. Exhibits, Demorstra-ions, Speeches given 26 assists c�,5ED pecnie attending B. Environmental Educa_'on C'asse_ 14 assists C. Conservation Ecacat'Dn Ma_erial 1 assist SEP 3 01991 BODK 47 l PAGE 59z ! F DA - - - BOOK . � f nt 5-93 �Ep 3 01g81� IV V. VI. VII. Media 9.84% A. Written Material, PSA, News Release Column in Paper 71 assists B. Mass Media Appearances and Production 10 assists Urban Forestry 29.75% A. Seedling Sales 2,514 seedling sold B. Tree Transplanting 6 assists 14 trees C. Shelterbelt or Windbreak Planted .5 acres D. Seeding Critically Eroded Areas 1 acre E. Recreation Development Assistance 14 assists 25 acres F. Beautification Projects 4 assists G. Shade & Ornamental Tree Advice 74 assists 826 trees H. Tree Removal Asssists 6 assists I. Vegetative Inventory 3 assists 7 acres J. Comprehensive Planning 7 assists K. Meetings Attended 73 meetings L. Parks & Recreation 11 assists M. State & Federal Meetings 6 Meetings Personnel Training 14.3% A. Forest Management Training Given 6 assists B. Training Received 143 hours C. Assists to Division Personnel 128 assists Other 25.67% A. Incidental Assists - 2,186 phone calls, letters, office visits, correspondence, misc., paperwork. - During the past fiscal year hese are the riajor areas I have worked on: 1. Plant County Landfills 2. Smokey Bear Reading Program County Library 3. Teach Forestry Training Camp 4. Sebastian Inlet Management Plan 5. Memorial Island Oak Tree Survey 6. DOT Interstate Plantings 7. Wabasso Beach Park Landscaping and Dune Re-Stablization 8. Indian River County School Board Maintenance 9. Seminar on Tree Pruning for Oaks at Jr. Nigh School 10. Timber Inventory I-95 11. Control Burn 20 Acres 12. Vegetation Inventory Jaycee Beach for Grant Application Training Sessions 1. Sawmill Training 2. Entomology & Pathology 3. Managed Slash Pine Symposium 4. Reforestation Training Session 5. Urban Forestry Training Session + 6. Portable Sawmill Use for Local Landowners 7. Fire Fighters Fair Exhibit 8. South Beach Park Landscaping 9. Technical Review Committee Member 10. County Landscaping & Tree Protection Committee 11. Seedling Sales 12. Supervise Cutting & Removal Oaks for City of Vero Beach 13. Bi -Weekly Newspaper Article 14. Monthly Radio Talk Show This is my report for the activities during the past fiscal year. I am pleased with the cooperation and help of the various staff personnel, in both the County and City Planning Departments. I believe this was a very pro- ductive year in the way of projects, and making my services known to more people. S E P 3 0 '1981 15 Boa 47 PACE 594 S E P 3 01991 BOOK 47 FuJF595 I would encourage you to use my services whenever possible, and if you have any special projects or concerns, please do not hesitate to make suggestions. Thank you for your support and I hope I will be able to stay in Indian River County permanently. Respectfully your Paul Palmiotto Urban Forester V CFM Work Plan Vero Beach/Indian River County Short Term Goals 81-82 1. Give at least six talks to Garden Ciubs, and other groups, etc. 2. Have a Ranger Training Session in forestry. 3.. Teach FFA and/or Environmental Education Camp. 4. Continue Interstate plantings. 5. Tree planting in minority areas. - 6. Workshop for builders and developers, on tree protection during construction. 7.` Work with local FFA group. 8. Work with City and County on any beach related work. CFM Work Plan Vero Beach/ Indian River County Long Range Goals 81-83 1. Tree City USA for Vero Beach. 2. Create slide series on various forestry topics. 3. Canopy analysis Vero Beach 4. Street Tree Inventory ,T 5. Get City nursery active 6. Get an active streettree planting program going or Greenup operation. 7. Encourage vegetation of major arteries into Vero Beach. 8. Promote increase use of canopy trees for parking lots. 9. Tree planting Indian River County Schools. 16 MR. PALMIOTTO STATED THAT HE IS TRYING TO EMPHASIZE MORE TREE PROTECTION AND IS PLANNING TO CONDUCT A WORKSHOP WITH THE BUILDERS AND DEVELOPERS IN THE AREA DISCUSSION FOLLOWED ABOUT A TREE REMOVAL PROCESS FOR MULTIFAMILY AND COMMERCIAL LOTS,AND IT WAS SUGGESTED THAT THE ATTORNEY REVIEW THE ORDINANCE THAT THE CITY OF VERO BEACH HAS REGARDING THIS SUBJECT AND BRING THE MATTER UP AGAIN BEFORE THE BOARD AT A LATER DATE THE BOARD REVIEWED THE FOLLOWING MEMORANDUM FROM ADMINISTRATOR NELSON DATED SEPTEMBER 14, 1981: TO: The Honorable Members of the Board of County Commissioners FROM: Neil A. Nelson, County Administrator DESCRIPTION AND CONDITIONS !SATE: September 14, 1981 F! LE: SUEJE_ CT: Request for Preliminary Plat Apprc•,-a li Kingsberry Forest Subdivision Containing 16 Lots on 10 Kings Highway South of 5- R-1 REFERENCE— : S.P. Musick, Agent for owi-;r Neil Nelson, dated Sept. 10, 119-'i The owner, Eastern Sunrise Land Corporation,(S.P. Musick, Agent) is requesting Preliminary Plat Approval for Kingsberry Forest Subdivision. The proposed project includes 16 one half acre lots served by individual well and septic tanks. Roads and easements are to be dedicated to the County. ANALYSIS AND ALTERNATIVES The Technical Revie:i Committee reviewed this .project on September 8, 1981. It was noted by the TRC that a private drive encroached upon the northwest corner of the 10 acre parcel. Since the encroached drive would fall within an easement to be dedicated to the County, it was determined by the TRC that the County Attorney should review this encroachment. The attorney and the owner's agent, Mr. Musick, decided to adjust the easement to not allow the driveway to encroach , and the purchaser of lot #1 would work out the driveway problem with the owner of the property to;the west of the subdivision. As a result, the plat was revised to include this change. All other TRC cor-ments have been incorporated in a revised drawing and the TRC and County staff have no objection to preliminary plat approval. RECOMMENDATIIOJS AND "T"DING Preliminary Plat Approval of Kingsberry Forest Subdivision is recommended. There are no funding considerations to be addressed by the Board for this item. SEP 3 01981 BOOS , 4 7 PAGE 596 BOOK 4,71 Ml'iE 7 ATTORNEY COLLINS BRIEFLY DISCUSSED THE ENCROACHMENT OF THE EASEMENT IN THE DRIVEWAY AND FELT THIS PROBLEM COULD BE TAKEN CARE OF IN THE DEDICATION. ON %TION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED THE PRELIMINARY PLAT OF KINGSBERRY FOREST SUBDIVISION, CONTAINING 16 LOTS ON 10 ACRES WEST OF KINGS HIGHWAY, SOUTH OF 53RD STREET ZONED R-1, OWNED BY EASTERN SUNRISE LAND CORPORATION, SUBJECT TO THE REVISION IN THE DEDICATION REGARDING THE ENCROACHMENT ON THE EASEMENT is = _' 'm = ► 3 THE BOARD THEN REVIEWED.THE FOLLOWING MEMORANDUM DATED SEPTEMBER 19, 1981 FROM THE COUNTY ADMINISTRATOR: 18 -I TO: The Honorable Members of the D A E: Septe,iber 19,1931 Board of County Commissioners FILE: SUBJECT: Request for Final Plat Approval of Pinecrest Unit II Subdivision 1. Edwin S. Schmucker to Jim Davis, dated 9/8/81 FROM: Neil A. Nelson, County Admn. REFERENCES: 2. Ronald Mitchell, Visa Building, to Jim Davis, dated 9/8/81 DESCRIPTION AND CONDITIONS The Engineer -,of -Record, Ed Schmucker, agent for the owner, is requesting Final Plat Approval of Pinecrest Unit II Subdivision. During the September 2, 1981 County Commission meeting, the Board requested prepayment for the impact fees for water allocation for all projects in the County system. The developer previously had entered into an agreement with*the County which allowed payment of the impact fees as each lot requests meter inst -. tion. At this time, the owner is requesting permission to make the impact fee payment of $17,331 for those lots in Pinecrest Phase II within 45 days after Final Plat Approval due to Economic hardships. All improvements have been completed except for seeding germination and tree clearing. The owner has submitted a $1,3'00 cash' performance bond to cover these items. ALTERNATIVES AND ANALYSIS The Board approved the Preliminary Plat Application on April 1, 1981 subject to water lines being conveyed to the County and fire hydrants being delivered to the County. These items have beer) resolved with the developer. The staff has reviewed the Final Plat and all comments have been incorporated in the plat drawing. Three alternatives are presented: 1. Approve the Final Plat contingent upon the developer paying the $17,331 impact fee within 45 days as requested by the owner. 2. Approve the Final Plat contingent upon the developer submitting cash payment or a performance bond for the $17,331 impact fee prior to recording the Final Plat. The bond will apply until all fees are paid to the County. 3. Approve the Final Plat after the developer has repaired the well system originally franchised and has provided this service to the buyers. RECOMMENDATIONS AND FUNDING Final plat approval of Pinecrest Unit II Subdivision is approved subject to: 1. Acceptance of the 5.1;3fr8'cash bond to cover uncompleted seeding and tree removal. 2. The owner paying within 45 days after Final Plat approval the $17,331 impact fee for water allocation. There are no additional funding considerations to be considered for this item. S E P 3 AU 1981 84dK 4 w PAGE 590 SEP 3 01991 BOOK 47 PAGE 599 DISCUSSION FOLLOWED, AND IT WAS DETERMINED THAT THERE WOULD BE NO PROBLEM AS LONG AS THE RESERVATION OF THE WATER TAPS WERE WITH— HELD UNTIL PAYMENT WAS RECEIVED FOR THE IMPACT FEET -DISSOLUTION OF THE FRANCHISE WAS ALSO DISCUSSED, AND THIS MUST BE BY BOARD ACTION, ATTORNEY BLOCK, REPRESENTING {DONALD MITCHELL, REFERRED TO A LETTER OF AGREEMENT MADE WITH THE COUNTY FOR FURNISHING WATER TO PINECREST SUBDIVISION$ DISCUSSION ENSUED, ATTORNEY COLLINS THOUGHT THAT THE DEVELOPER HAD RELIED ON REPRESENTATION MADE BY THE COUNTY, WHETHER AUTHORIZED OR NOT, AND IT WOULD BE REASONABLE TO ACCEPT THE PLAT, ACCEPT THE AGREEMENT FROM THE DEVELOPER, AND IF HE DOES NOT PAY IN 45 DAYS, PUT THE PHRASE `WATER IS NOT AVAILABLE" ON THE PLAT ADMINISTRATOR NELSON NOTED THAT UTILITIES DIRECTOR LINER WAS -FOLLOWING THE DIRECTION OF THE BOARD. ON MOTION BY COMMISSIONER V,ODTKE, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY APPROVED THE REQUEST FOR FINAL PLAT APPROVAL OF PINECREST UNIT II SUBDIVISION, SUBJECT TO ACCEPTANCE OF $2,500 CASH BOND TO COVER UNCOMPLETED SEEDING AND TREE REMOVAL, RECEIPT OF $17,331 IMPACT FEE FOR WATER ALLOCATION WITHIN 45 DAYS, AND AUTHORIZED THE SIGNATURE OF THE CHAIRMAN ON THE PLAT. l __10Y 9.1 Q .14 44W.4a dusliffalftLotg ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY AUTHORIZED THE SIGNATURE OF THE CHAIRMAN ON THE AMENDMENT TO THE COOPERATIVE AGREEMENT AMONG THE INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS, THE INDIAN RIVER SOIL AND WATER CONSERVATION DISTRICT, THE UNIVERSITY OF FLORIDA AGRICULTURAL EXPERIMENT STATIONS, AND THE UNITED STATES DEPARTMENT,,,,.,,, OF AGRICULTURE SOIL CONSERVATION SERVICE AMENDMENT to the COOPERATIVE AGREEMENT among the INDIAN.RIVER COUNTY BOARD OF COUNTY COMMISSIONERS the INDIAN RIVER SOIL AND 14ATER CONSERVATION DISTRICT the UNIVERSITY OF FLORIDA AGRICULTURAL EXPERIMENT STATIONS and the UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE Re: Acceleration of the Soil Survey in Indian River. This amends the Cooperative Agreement for the Acceleration of the Soil Survey in Indian River between the above parties entered into the 24th day of Sept- ember 1980, as follows: a. Section IV B is amended to allow the effective date of the Agreement to cover the period October 1, 1981 to September 30, 1982. All other provisions of the Agreement to remain unchanged. UNIVERSITY OF FLORIDA INDIAN RIVER COUNTY BOARD OF COUNTY IISSIONERS By: By: = _— Anthony F. Randazzo Associate Dean for Research Division of Sponsored Research VAT SOIL� AND DISTRICT By: Dean of Research UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE By: Chairman Title FLORIDA AGRICULTURAL EXPERIMENT STATIONS State Conservationist Service Authority: PL 46 - 74th Congress, 16 U.S.C. (590 a -f) S E P 3 01981 21 BOOK 47 PAGE 6�� SEP 301981 Boos ATTORNEY COLLINS REFERRED TO THE AD PLACED IN THE PRESS JOURNAL ON SEPTEMBER 24, 1981 BY FRANK ZORC REGARDING INDIAN RIVER BOULEVARD AND THE PROMOTION OF IMMEDIATE DEVELOPMENT OF 16TH STREET (COPY OF THE AD IS ON FILE IN THE OFFICE OF THE CLERK.) HE OB- JECTED TO CERTAIN ALLEGATIONS THAT APPEARED IN THE AD WHICH REFERRED TO THE COUNTY ATTORNEY'S OFFICE AND LAND OWNED BY MR. CALDWELL, WHO IS ASSOCIATED WITH THAT OFFICE. ATTORNEY COLLINS BRIEFLY GAVE THE PAST HISTORY OF THE EVENTS LEADING UP TO THE PURCHASE OF THE 'LAND IN (QUESTION. IT WAS OFFERED AT ONE TIME TO THE COUNTY, BUT THE BOARD HAD ELECTED NOT TO OFFER AN AMOUNT SATISFACTORY TO MAKE THAT PURCHASE. .JEROME D. QUINN, REPRESENTING THE PREVIOUS OWNERS OF THE LAND, APPEARED BEFORE THE BOARD AND REVIEWED THE FOLLOWING LETTER: SMITH. 0' 11AIRE. QUINN & GARRIS A TOR:%EYS AT LAM ICH AF1. OHAIRF: M�lAN K. `'KITli..11t � 2205 FOURTEENTH AVENU �f1('H� r•. JEROME D. QUIN\'b:HO llL•'ACIiN FLOW UA CHARLES E. GARRIS THOMAS THATCHER STEWART CAPPS ALAN S. POLACKN'IcII TELEPHONE DOLORES IL Dr.CAPRIU 305 567-4D51 September 28, 1981 Mr. Patrick B. Lyons, Chairman Board of County Commissioners Indian River County Courthouse Vero Beach, Florida 32960 Dear Mr. Lyons: I recently saw an advertisement in the Vero Beach Press Journal which referred to the fact that a partner of the County Attorney purchased property East of the proposed extension to Indian River Boulevard back in. 1980. There is an inference of wrongdoing that is contrary to everything I know about this transaction. I represented the Employees' Profit Sharing and Retire- ment Trust of Thermo Electric Corp. which owned the property at the time. Accordingly, I have advised the County Attorney that I would be available on Wednesday, September 30, to appear before the Commissioners to provide any information I may have about this matter. V-e4truly y v ti.sr vvw� � Aw Jerome D. Quinn r ATTORNEY QUINN STATED THAT THE AD MADE NO SPECIFIC ALLEGATIONS BUT IT WAS CLEAR THAT THERE WAS AN INTENT TO LEAVE AN IMPRESSION OF WRONGDOING ON THE PART OF THE COUNTY ATTORNEY, """"--HIS LAW PARTNER, OR BOTH, HE AFFIRMED THAT ATTORNEY COLLINS AND ATTORNEY CALDWELL WERE HONORABLE MEN WITH INTEGRITY, AND HE SUB- MITTED TO THE BOARD THAT THERE DEFINITELY WAS NO WRONGDOING. COMMISSIONER SCURLOCK INTERJECTED THAT THERE WERE TWO BOARDS INVOLVED; HE, AS WELL AS COMMISSIONERS FLETCHER AND BIRD WERE NOT ON THE BOARD AT THE TIME THESE MATTERS OCCURRED WILLARD W. SIEBERT, JR., FORMER COMMISSIONER, APPROACHED THE BOARD AND FELT THAT THE INTENT OF THE AD WAS TO DISCREDIT THE COUNTY ATTORNEY, MR. CALDWELL, AND THEIR LAW FIRM. HE THOUGHT IT WAS EXTREMELY UNFAIR AS ATTORNEY COLLINS WAS ALWAYS OVERZEALOUS IN PROTECTING THE INTEGRITY OF THE COUNTY ALMA LEE Loy, FORMER COMMISSIONER, STATED THAT SHE WAS GREATLY INCENSED BY READING THE AD AND FELT THE BOARD HAS BEEN EXTREMELY FORTUNATE TO HAVE HAD THE FINEST OF ATTORNEYS THROUGHOUT THE YEARS, SHE POINTED OUT THERE HAD NEVER BEEN ANY QUESTION AS TO THE PARTIES INVOLVED AND THE POSITION OF COUNTY WHEN TRYING TO SECURE THE PROPERTY. MISS LOY ADVISED THAT A WORKSHOP HAD BEEN CONDUCTED, AND ATTORNEY CALDWELL REPRESENTED HIMSELF AS AN INVESTOR AT THAT TIME ATTORNEY COLLINS READ A PORTION OF THE ARTICLE CONCERNING THE RIGHT- OF-WAY, INVOLVING MR. CALDWELL'S PROPERTY, WHICH AMOUNTED TO 06563 ACRES; AND THE VALUE, SET BY AN MAI APPRAISER, WAS $275. HE STATED THAT THE BOARD COULD PROBABLY SEE WHY HE WAS SO UPSET BY THE INFERENCES THAT WERE MADE BY THIS ARTICLE. HE THEN ASKED COMMISSIONER FLETCHER TO EXPLAIN HOW HIS NAME HAPPENED TO APPEAR AT THE BOTTOM OF THE ARTICLE, AND FOR WHAT PURPOSES. HE WANTED TO KNOW, PERSONALLY, WHETHER OR NOT COMMISSIONER FLETCHER ENDORSED THE ARTICLE OR WHETHER HIS NAME WAS THERE SOLELY FOR THE CITIZENRY TO GIVE HIM INPUT, SEP 3 01991 L BOOR 47 .PACE 60z SCP 501981 BOOK P� F► vi c.� COMMISSIONER FLETCHER RESPONDED THAT MR, ZORC CALLED HIM ASKING IF HE WOULD BE OPPOSED TO HIS NAME BEING PLACED AT THE BOTTOM OF THE AD, IN THAT WAY, PEOPLE COULD CONTACT HIM AND EXPRESS THEIR FEELINGS AND OPINIONS REGARDING THE QUESTIONS OUTLINED IN THE AD, COMMISSIONER FLETCHER STATED THAT WAS THE ONLY CONNECTION HIS NAME HAD WITH THE AD, ATTORNEY COLLINS ASKED IF COMMISSIONER FLETCHER FELT HIS LAW OFFICE HAD INCURRED ANY IMPROPRIETIES IN THIS MATTER, COMMISSIONER FLETCHER STATED HE DID NOT BELIEVE THAT WAS S0, AND FROM THE INFORMATION GATHERED AT THIS DATE THAT THERE ARE NOT ANY ILLEGALITIES, HE THEN STATED, THAT WHICH IS PROPER IS JUDGED BY A LOT OF DIFFERENT PEOPLE. HE COMMENTED THAT HE WAS GRATIFIED ATTORNEY COLLINS DID MAKE THIS MATTER AS CLEAR AS HE DID, AS IT SHED A LOT OF NEW LIGHT ON SOME PAST QUESTIONS, MORE DISCUSSION FOLLOWED, ATTORNEY COLLINS FELT THEY HAD DONE EVERYTHING TO AVOID A CONFLICT AND DEEPLY RESENTED THE AD, AND ASKED THE BOARD TO CONSIDER THE VERACITY OF THE AUTHOR, COMMISSIONER WODTKE SPOKE OF THE MERITS OF THE COUNTY ATTORNEY. HE FELT ATTORNEY COLLINS WAS EXTREMELY COMPETENT AND ALWAYS WOULD GO THE EXTRA MILE FOR THE COUNTY, HE THEN APOLOGIZED TO ATTORNEY COLLINS AND TO ATTORNEY CALDWELL FOR THE INFERENCES MADE TO THEM IN THE AD, CHAIRMAN LYONS COMMENTED THAT ATTORNEY COLLINS WAS JUSTIFIABLY OUTRAGED AT THE INNUENDOS THAT HAVE BEEN PUBLISHED; AND HE WAS EQUALLY OUTRAGED, HE FOUND IT SAD TO THINK THAT PEOPLE HAD TO STOOP TO THIS KIND OF THING TO GET ATTENTION. COMMISSIONER SCURLOCK STATED HE SPENT A GREAT DEAL OF TIME WITH ATTORNEY COLLINS YESTERDAY REVIEWING THE ENTIRE HISTORY OF THE INDIAN RIVER BOULEVARD EXTENSION, HE WAS ABSOLUTELY CONVINCED THAT ATTORNEY COLLINS WAS BEYOND REPROACH.,AND IT BOTHERED HIM TO SEE A GREAT DEAL OF MISINFORMATION DISSEMINATED OUT INTO THE COMMUNITY, 24 COMMISSIONER SCURLOCK HAD REVIEWED THE FACTS AND WAS CONVINCED THERE WAS NO WRONGDOING, AND ALSO THOUGHT IT UNFORTUNATE AND DEPLORABLE FOR THIS KIND OF SITUATION TO DEVELOP. HE ADDED THAT HE APPRECIATED THE INTEGRITY OF THE COUNTY ATTORNEY. COMMISSIONER BIRD NOTED THAT ATTORNEY COLLINS ALWAYS GOES TO EXTREMES TO TRY TO PROTECT THE COUNTY. HE HOPED THAT THE PEOPLE WHO SAW THE AD CONTAINING THE VERY DISTASTEFUL INNUENDOS WILL JUST CONSIDER THE SOURCE. COMMISSIONER BIRD FELT THE FACTS, INFORMA- TION AND TESTIMONIALS JUST GIVEN SHOULD GIVE THE ATTORNEY A VOTE OF CONFIDENCE; HE ADVISED THE ATTORNEY THAT HE HAD HIS OWN VOTE OF CONFIDENCE 100%. FRANK ZORC THEN APPROACHED THE BOARD AND STATED HE WAS EXTREMELY PROUD TO BE THE ONE TO PLACE THE AD IN THE PRESS JOURNAL. THIS AD WAS SCRUTINIZED IN DETAIL BY SEVERAL WELL-RESPECTED ATTORNEYS IN VERO BEACH AND MANY OF HIS FRIENDS BEFORE IT WAS PLACED IN THE NEWSPAPER. MR. ZORC SAID HE WAS NOT INTERESTED OR AWARE OF THE BACKGROUND OF THE PROPERTIES UNTIL RECENTLY, SO HE REALLY WAS NOT AWARE OF ALL THE FACTS. THE CALDWELL PURCHASE, HE STRESSED, WAS JUST A SMALL CRUMB IN THE ISSUE THAT WE ARE TALKING ABOUT, MR, ZORC COMMENTED THAT HE WAS ASKED BY MANY PEOPLE TO BRING OUT THE QUESTION OF WHETHER MR, CALDWELL HAD PURCHASED ANY OF THIS PROPERTY, TO SOME EXTENT HE ADVISED, HE WAS RELUCTANT TO BEGIN WITH, BUT DID SO SINCE HE WAS ASKED TO DO THIS BY A NUMBER OF PEOPLE. MR. ZORC NOTED.THAT THE PURPOSE OF THE QUESTION, HAD BEEN SERVED - THE PUBLIC HAS BEEN TOLD THE DETAILS TODAY AND NOW THEY CAN USE THEIR OWN JUDGMENT. WAY. CHAIRMAN LYONS INTERJECTED THAT IT WAS TOLD IN A STRANGE MR. ZORC MADE IT CLEAR THAT HE DID NOT NECESSARILY FEEL THERE WAS ANYTHING ILLEGAL OR UNETHICAL OR ANY WRONGDOING, BUT THE FACTS HAD TO BE BROUGHT FORTH, HE ADDED THAT THEY WERE NOT JUST TALKING ABOUT A RIGHT-OF-WAY, BUT ABOUT A VERY LARGE PIECE OF LAND THAT WAS GOING TO BE SERVED POSSIBLY BY A VERY EXPENSIVE ROAD THAT THE COUNTY IS ASKING THE TAXPAYERS TO BUILD. MR, ZORC THOUGHT THIS WAS FAIR TO BRING OUT AND HE WOULD HAVE TO STAND BY IT. BOOK 4 k7 PAGE 60.4 SEP 3 01981 95 SEP 3 01991 BOOK 4,7 pA JF 605 CHAIRMAN LYONS UNDERSTOOD THAT IF IT WAS DETERMINED POSSIBLE TO DEVELOP ANY OF MR. CALDWELL' S LAND, HE COULD DEVELOP IT WITH OR WITHOUT INDIAN RIVER BOULEVARD, IN OTHER WORDS, MR. CALDWELL'S DEVELOPMENT DOES NOT DEPEND ON INDIAN RIVER BOULEVARD, ATTORNEY COLLINS AGREED THAT THE STATEMENTS WERE CORRECT. MR. ZORC ASKED IF THE BOULEVARD WOULD ENHANCE THE VALUE OF THE PROPERTY, HE ADDED HE KNEW THAT IT WOULD. CHAIRMAN LYONS STATED HE WOULD HAVE TO ASK MR, ZORC IF THE WIDENING OF 16TH STREET WOULD ENHANCE HIS PROPERTY. MORE DISCUSSION FOLLOWED. ATTORNEY COLLINS THEN THANKED THE PEOPLE WHO CAME TO THE MEETING TODAY ON HIS BEHALF. `i _ '�: �� 1 _ • Itoq THE BOARD NEXT REVIEWED THE FOLLOWING MEMORANDUM FROM ADMINISTRATOR NELSON: 26 _, TO: The Honorable Members of the Board of County Commissioners FROM: Neil A. Nelson, County Administrator DESCRIPTION AND CONDITIONS DATA: September 22, 1981 Fl Lam: SUBJECT: Transportation Planning Committee Formulation REFERENCES: During the September 16, 1981 meeting of the Board of County Commissioners, the County Administrator was directed to develope the structure and basic pre- iminary goals for a Committee to recommend Road and Transportation facility construction priority throughout the County. In accordance with this direction, the Administration recommends the establishment of the following: 1) A Transportation Advisory Committee composed of technical and official representatives as follows: Non -Technical Complement (1 vote each) a') One member of the Indian River County Board of County Commissioners b) One member of the City of Vero Beach City Council c) One member of the City of Sebastian City Council d) One member of the City of Fellsmere City Council e) One member of the Indian River County School Board Technical Complement (No voting power) a) One member of the Indian River Farms Water Management District b) The City/County Traffic Engineer c) The County Planning Director d) The City of Vero Beach Planning Director e) The Indian River County Director of Public Works or his representative f) The City of Vero Beach Director of Public Works or his representative The basic goal of such a committee shall be to develope, evaluate, and make recommendations to the Indian River County Board of County Commissioners for short and long range highway and transportation plans that will 1) Assist the Board of County Commissioners in determining courses of action and in formulating attainable capital improvement programs in anticipation of community transportation needs. 2) Guide private individuals and groups in their planning decisions which can be important factors in the pattern of future development and re- development. 1SEP 3 0 1981 BOOK .47 PACE 606 ALTERNATIVES AND ANALYSIS 47 Ftq &07 w ,� BdOK The proposed committee of 11 members will contain 5 voting members and 6 technical members. Other representatives a:ere considered, including the following: a) One representative from the Indian River County Sheriffs D�_ b) The City Engineer c) The County Engineer e) One representative of the public as appointed by the County f) One representative of the City of Vero Beach Police Dept. g) One representative from the Indian River Shores City Council It is obvious that the committee can become too large. For this reason, the staff is recommending only the eleven members previously listed. This structure allows a good balance of elected officials or their appointed representative and technical staff. RECOMMENDATIONS AND FUNDING It is recommended that an eleven (11) member Transportation Advisory Committee be established consisting of the above representatives to make recommendations to the Indian River County Board of County Commissioners concerning transportation priorities. There are no funding considerations to be addressed for this item. CHAIRMAN LYONS FELT THIS COMMITTEE WOULD BE IN EXISTENCE FOR YEARS, AND SUGGESTED THAT WHOEVER IS VICE CHAIRMAN COULD BE CHAIRMAN OF THIS COMMITTEE THE BOARD THEN DISCUSSED THE OTHER REPRESENTATIVES IN THE NON—TECHNICAL COMPLEMENT COMMISSIONER SCURLOCK ENVISIONED THAT THE COMMITTEE WOULD DEVELOP A DATA BASE, AND ONCE THE DATA BASE WAS COLLECTED, PUBLIC INPUT WOULD BE GATHERED, AND THEN A FINAL RECOMMENDATION WOULD COME TO THE BOARDI DISCUSSION FOLLOWED ABOUT FUNDING MOTION WAS MADE BY COM1,1ISSIONEP. LIRD, SECONDED BY COMMIS— SIONER SCURLOCK, THAT THE BOARD FOLLOW THE RECOMMENDATIONS OF THE ADMINISTRATOR REGARDING THE TRANSPORTATION ADVISORY COMMITTEE AND ADD TO THE TION—TECHNICAL COMPLEMENT; INDIAN RIVER SHORES TOWN u COUNCIL, AND A MIEMBER AT LARGE; WITH THE INITIAL APPOINTMENT BEING MADE FROM THE G I FFO RD ARCA ORDERLY BASIS TO FIND ROAD PRIORITIES AND ONE OF THE PRIORITIES WAS GOING TO BE 16TH STREET$ 28 MR. ZORC STATED THAT THEY WERE CONDUCTING A FARCE TO CREATE A COMMITTEE. DEBATE CONTINUED. MR. ZORC REPORTED,THAT THE BOARD SHOULD CONSIDER THE FACT THAT 95% OF 1,000 PEOPLE ARE TELLING THEM TO PUT THE TAX DOLLARS ON 16TH STREET AND NOT ON INDIAN RIVER BOULEVARD, HE ADVISED THAT HE SOLD HIS PROPERTY ON 16TH STREET AND NOW HAS LESS THAN ONE ACRE AT THAT LOCATION. MR. ZORC AGREED THAT THE COMMITTEE WAS NEEDED BUT IT WAS NOT NEEDED IF THE PEOPLE ARE NOT GOING TO BE GIVEN AN OPPORTUNITY TO SPEAK, HE THEN ASKED THE BOARD TO SET UP A PUBLIC HEARING. COMMISSIONER SCURLOCK COMMENTED THAT ALL THEY HAVE DONE WAS TO PROCEED TO GET THE NECESSARY PERMITS AND AT THAT POINT, THE BOARD WILL HAVE TO MAKE A DECISION AS TO THE NECESSARY EXPENDITURES FOR THE PROJECT. HE ADDED THAT IF THOSE DOLLARS ARE T00 MUCH, THEN HE WILL BE OPPOSED. MORE DEBATING OCCURRED. THE CHAIRMAN CALLED FOR THE QUESTION, IT WAS VOTED ON AND CARRIED UNANIMOUSLY. WARNING SIGNAL FOR ST. EDWARD'S UPPER SCHOOL THE BOARD THEN DISCUSSED THE FOLLOWING MATERIAL: BOOK 47 PAGE 608 SEP 3 01981 29 SEP 3 01981 TO: Board of County Commissioners DATE: FROM: Neil A. Nelson County Administrator Description and Condtions September 22, 1981 BOOK 47 F4 6 g FILE: SUBJECT: Warning Signal for St. E` Upper School REFERENCES: Mr. Robert F. Lloyd, Trustee, St. Edward's School, has requested that a warning traffic light be placed at the entrance to St. Edward's Upper School on South AIA. Mr. Lloyd's letter is attached and he will be present to answer any questions that the Board may have. In the past, the Board of County Commissioners, when receiving such a request and concurs with that request, instructs the County Administrator to write to the Department of Transportation requesting that they conduct a traffic study for possible installation of the proper type warning light. .Recommendation It is recommended that the Board of County Commissioners instruct the County Administrator to request the Department of Transportation to conduct a study of the intersection of St. Edward's Upper School entrance and AIA. September 14, 1981 Mr. Neil Nelson County Administrator City of Fero Beach 2345 14th Avenue Vero Beach, Florida 32960 Dear Neil: Confirming our telephone conversation of last Friday, I would like to be placed on the agenda of the Board of Countv Commis- sioners regarding the placement of a warning traffic light at St. Edward's Upper School, which is located on South A -1-A. We have a serious problem and a potentially dangerous situation with students and faculty leaving and entering the school premises. We would like to request a light be placed at the location that could be time -actuated only during school hours, and possibly special occasions where we have heavy traffic leaving and enter- ing A -1-A. Thanking you in advance for your consideration in this matter, and I would appreciate knowing the approximate time this would be placed on the agenda. Your. veru trul-x r Robert F. Llov Trustee, St. tdward's School ON MIOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMIS- SIONER WODTKE, THE BOARD UNANIMOUSLY APPROVED THE RECOMMENDATION OF THE COUNTY ADMINISTRATOR TO REQUEST THE DEPARTMENT OF TRANSPORTATION -._ -.TO CONDUCT A STUDY OF THE INTERSECTION OF ST. EDWARD'S UPPER SCHOOL ENTRANCE AND AIA. ROBERT F. LLOYD, ENGINEER, CAME BEFORE THE BOARD AND ADVISED THAT THERE WAS A DANGEROUS SITUATION AT THIS INTERSECTION. HEP i'iALKER, INTERESTED CITIZEN, ALSO AGREED THIS INTER- SECTION WAS ON A DANGEROUS CURVE. WALT BURKETT, 27TH AVENUE, RECOMME14DED BLOCKING OFF A PORTION OF THE ROAD AND FELT A YELLOW BLINKER LIGHT WOULD BE HELPFUL TO YARN OTHERS OF THIS DANGEROUS SITUATION AT THE ENTRANCE -TO THE SCHOOL. DISCUSSION FOLLOWED. COMMISSIONER WODTKE ASKED MR. LLOYD TO ASK THE SCHOOL IF THEY COULD ASSIST IN THE COST OF DECELERATION LANES. THE CHAIRMAN CALLED FOR THE QUESTION. AND CARRIED UNANIMOUSLY. IT WAS VOTED ON F P O ��8� BOOK 4 7 PAGE 61 Q 31 B©x 47 nu SIP 2 01981 AIR AMBULANCE RECERTIFICATION - SEAIR THE BOARD NEXT REVIEWED THE FOLLOWING DOCUMENTS: eNortfi e�an212, Q/ zo Bzacg eU unici#ai r-4k)E ott �Qui�in9: �.L�. lox 2tj7 �%zo 1�eacri, ��ozic�n s7a`e#kone: 32960 SeptembeA 5, 1981 Board of County Commi6zioneAz Indian Riven County V Veno Beach, Fton i.da 32960 Gentlemen: This .tette& w.c U nes pee t6uUy nequest that the Board .issue to the undemigned at the p&opeA time a &enevat o6 Cv ti4icate o6 Pubti,c Convenience and Necessity .in connection with the opeAation o4 Ai& Ambutanee. In thus connectionP I am enceosing copies 06: CuAnent FAA PaAt 135 Ai& Chatter Ce&tijicate; Copy of State o4 Fto, ida DepaAtment of Hea.2.th and RehabiZLtative Se•tvices Ambutanee Se%v,i ce L.icenu No. 221; Copy of P&oo6 o6 PubZication 4oA zeAik .in eomptiance with F,ictitiows Name Law. The Aate now being changed 6oA Ait Ambulance se&vice iz $1.45 pe& mite, which is 10� pen mile ineAease oven 1980. Aviation duel has .incAeased to $1.86 peA gallon, plica, 8� State sates tax, which neces.6 tated Aalz ing the base &ate. GuA equipment (,stir.eteheA, .einems, oxygen, IV set-ups, &eeusitati,on equipment, etc., etc.) i.6 sti,P.e. maintained under. State and Governmental authotu ty. Please advise ij 4untheA documentation is 'LequiAed 4o& the %eissuance o4 the Aequezted Cexti 4icate. _Thank—#&u—�aon you& eons idea .in this matte -t. Pat-,'Gicia D. Hazen, GdoM Aviation, Inc. d/b/a s eAit d�/ort/x el�anfi, Q,/ezo ljeac% Cljunici�xa�' C{izriort �1a10En9: �.J. lox 2¢1 Seac%z,Cozicia 32960 SeptembeA 24th, 1981 TO WHOM IT MAV CONCERN: This Ls to eeAt i.4 y that the undetus,igned is the s oZe owneA o6 Odom Aviation, Inc., doing bud.in s az zeA.i.A, a Ftotuida Cq&potati.on, and that the undeu.igned aequ,i.Aed the CoApmate as.6et6 o6 .said Con}oonati.on 4Aom R.ichand R.• McCteaAy on FebAuany 15, 1981, which au et6 .inc 2ude, but ane not .Q,i.m i ted to: 2 0-V eaA Lease with the City o4 Veto Beach, Ft otu.da (having a Aemaining tam o4 17 yeaAs ); Hangar .located on the teat ptopetity coveted by the above Lease; PaAt 135 (FAA) Ai& Taxi. License (CeAti6icate); Bahamian Petimit ; A-iA Ambu.2ance License and Leta ted Ai& AmbuZanee equt ipment and :s upptie-s; Li4e Jackets, Li4e Rait, and othex appurtenant equipment ae,P_ati,ng to AiA °Taxi. CeAti6 ieate; Misee?,E'.aneouz pensonat ptopetity items The undelus.igned jutrthex btatez that as zote .stockhotdeA o4 Odom Aviation., Inc., theAe has been butt compti,anee with aU tega2 AegtUAements . Jot the opeAati.on o6 zaid bua.inesz. Attached to this memoAandum is copy o4 A6jidavct A.ited .in the oj6ice,' o4 the Ctetrh o4 the Ci,Lcui t Coukt o6 Tndian RcveA County, FtoAi.da, stating that the unde&6 igned own, 1001 interest o6 Odom Aviation, Inc., d/b/a seAi)L and that no otheA peJuson has any .inteAe�st thae.in. ODOM AVIATION, INC., SWORN TO AND SUBSCRIBED begone me by PATRICIA D. HAZEN tUA day o6 Septemb 2A, 1987, at Veno Beach, WoUda. (Seat) J•5 Z otaAy u &Lc, St e a oAi at Latcge o:. fission xpires: ,,:sY 13, 1982 'rwgae Coves ehaxtea license iz --7rrzf-utanse an9ez gi:e Down Fp 3 0 1981 33 BOOB 47 PAGE6 12" SEP 3 01981 BOOK 47 FACE . MOTION WAS MADE BY COMMISSIONER WODTKE, SECONDED BY COM- MISSIONER SCURLOCK, TO APPROVE THE ISSUANCE OF A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO ODOM AVIATION, INC. D/B/A SEAIR AIR AMBULANCE SERVICE. DISCUSSION FOLLOWED ABOUT THE SERVICE THAT IS PROVIDED BY THIS AMBULANCE SERVICE. THE CHAIRMAN CALLED FOR THE (QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. EMERGENCY MEDICAL SERVICES CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY WHEREAS, the O D O M AVIATION, INC. d/b/a s e A i r A I RAmbu.Canee Sato ice puv c.dez. quat ty emergency me9Z6dZ s env.ccez to the 6r,azem oS INDIAN RIVER County; and, j WHEREAS, tae hau been demon tiazted that theAe is a need bon flus ambulance sehvice to opexate in tiv:z county to pnov c de ez s eizt, .a.0 z envious to the citizens 06 tihi s County; and, WHEREAS, .the above ambutance sewice haz indicated that it xc,U eomp£y «:i,th att .the nequikements o6 the Emengeney Medicat SeAv.ieez Act o6 1973, .the Eoand o6 County Commis zionva o6 INDIAN RIVER Cowzty heAeby .C3aue3 a Ce,-,ti.6.i.cate ob PubUc Convenience and Necezz ty to 7ITn )-ZUance company bon .the year. 190?. i In izzu,ing this ceAti.6.icate .it .us undeutood .that the above ncJvdcarnlEd?ance benvtce uLU meet the iequZLements o{t State t_egistation and p,%ov.ide emen.gency zetv.ices on a twe3Lty-6oun haute bab.i s bon the 6ottouiing area (.$) : Indian River County. This CERTIFICATE is issued subiect to the right of Piper Aircraft Comnany contint)inn to orovide erernency and -emergency flinhts as they have.,nstomarily done in then f CyiWAZk, 136akd o omyn 444oneha 0 September 30, 1981 xpires the 31st Of December, 1982 r THE BOARD DISCUSSED THE FOLLOWING MEMORANDUM FROM ADMINISTRATOR NELSON AND THE PETITION DATED SEPTEMBER 22, 1981: TO: The Honorable Members of the DATE: September 23, 1981 Board of County Commissioners FROM: Neil A. Nelson, County Administrator DESCRIPTION AND CONDITIONS Fl LE: SUBJECT: Petition Paving - 14th Avenue from 8th Street to 7th Street REFERENCES: Petition Received Sept. 22, 1981 Mrs. Sam A. Ruggiero, 706 14th Avenue, has submitted a petition T of a 1 block unpaved section (670LF) of 14th Avenue between two exist: areas. The petition has been verified by the Engineering Division, and i been determined that those property owners of 775 if of frontage on the road have signed. This comprises 70.5 of the front footage, which exceeds the 66.'/' -,- required for a valid petition. A preliminary cost estimate for the project is $7500. This does not include any drainage work. ALTERNATIVES AND ANALYSIS Inaccordance with the Special Assessment Ordinance #81-27, the following pro- cedure is required: 1) Board of County Commissioners direct the Engineering Division to pro- ceed with survey work and Final design of the road. 2) Prepare a Preliminary Assessment Roll 3) Prepare a Resolution for setting up the Special Assessment District and for the Paving of the road including method of assessment 4) Authorize and schedule a Public Hearing to consider the proposed Resolution and Preliminary Assessment Roll. Method of assessment procedures shall be addressed at the Public Hearing. RECOMMENDATIONS AND FUNDING It is recommended that the Board of County Commissioners approve the following 1) Engineering Division proceed with final Engineering drawings and Final cost estimate 2) Preparation of Preliminary Assessment Roll L_ SEP 3 019$1 35 BOOK 47 PACE 614 SEP 3 01991 BOOK 47 VIE 3) Authorize County Attorney to draft resolution setting up Special Assessment District and other necessary wording 4) Schedule Public Hearing to be held November 18, 1981 -to consider Preliminary Assessment Roll and Resolution. Affected owners shall be notified 15 days prior to the Public Hearing. At this time, there are no funding considerations to be addressed by the Board for this item. ATTArHMFNTC 1) Petition from Owners fronting 14th Avenue from 7th Street to 8th Street. � �! � ,eco. -.-C. r,�s_--,.-G ✓.� '� � �-'`�G•'�-'"-4,.. ��.�it`�-L6-,— �.ti`•'��-�' MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THAT THE BOARD ACCEPT THE RECOMMENDATION OF THE COUNTY ADMINISTRATOR AS OUTLINED IN HIS MEMORANDUM DATED SEPTEMBER 23, 1981. DISCUSSION ENSUED REGARDING FEES FOR ENGINEERING AND DRAINAGE. IT WAS DETERMINED THAT THE BOARD WOULD ASK FOR ENGINEERING AND DRAINAGE FEES IN FUTURE PROJECTS, THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS,VOTED ON AND CARRIED UNANIMOUSLY. TRANSPORTATION DISADVANTAGED THE BOARD REVIEWED THE FOLLOWING MEMORANDUM CONCERNING THE CONTRACTS FOR INITIATION OF THE TRANSPORTATION DISADVANTAGED SERVICES: TO: THE HONORABLE MEMBERS OF ®ATE: September 22, 1981 FILE: THE INDIAN RIVER COUNTY COMMISSIONS SUBJECT: CONTRACTS FOR INITy'_ THE TRANSPORTATION D.. ADVANTAGED SERVICES FROM: NEIL NELSON REFERENCES: County Administrator In accordance with Board approval and D.O. T. direction, the Administration has negotiated a contract with Kimley-Horn in the amount of $8.000. To prepare the subject study, this amount is within the constraints of the grant offer by D.O.T. The negotiations with Kimley-Horn included certain revisions to their scope of work, Exhibit "A", in order to more specifically address the requirements of the D.O.T. agreement with the County. This agreement is also being submitted at this time for your approval. In addition to the contracts, an agreement has also been received from the Indian River Council on Aging, Inc. indi- cating their willingness to be designated as the interim provider as required by the D.O.T. in order to meet the terms of their contract. 37 806K 7 PAuft n S E P 0 0 1981 SEP 3 01981 BOOK 47 uu 617 ALTERNATIVES AND ANALYSIS: The Kimley-Horn contract, with the revisions sought by D.O.T. and the County Administration, will provide the required services to produce the study, within the constraints of the grant offer. The voluntary participation of the Council on Aging for the dura- tion of the planning effort will satisfy the D.O.T. requirement for designating an agency to act as the transportation provider. Since this is done only to meet planning requirements and does not involve any performance on the part of the designee, there will not be any formal agreement between D.O.T. and the "Provider". RECOMMENDATIONS AND FUNDING: The County has been offered a grant, through Florida D.O.T., in the amount of $8,000 to prepare a study for Coordination of Transporta- tion Disadvantaged Services. All contracts and agreements have been received, negotiated and reviewed as requested. Accordingly, the Administration recommends approval of these documents under the constraints noted above, so that work can commence on this study as soon as possible in order to allow maximum time for the consul. to meet the December 15, 1981 deadline. The following items are recommended for consideration and actic:. the Board of County Commissioners: A. Approve the contract between the Florida D.O.T. and the County, as submitted, which will provide $8,000.00 for preparing for the Coordinated Transportation Disadvantaged Services. This approval will authorize the Chairman to sign the four (4) required copies of the contract for submittal to Florida D.O.T. B. Approve the contract between Kimley-Horn and Associates, Inc., as submitted. This will provide the necessary services to produce the plan required by Florida D.O.T. for the lump sum fee of $8,000.00 provid- ed through the D.O.T. contract. This approval will allow the Chairman to sign the copies provided thereby completing the contract, allowing work to commence. C. Accept the offer of the Indian River Council on Aging allowing them to be designated as the interim provider of Transportation Dis- Advantaged Services until such time as the plan is completed and ac- cepted by the Florida D.O.T. and the County. M M PLANNING DIRECTOR REVER POINTED OUT THAT THERE WAS A DISCREPANCY BETWEEN THE SCOPE OF WORK WITH KIMLEY-HORN AND WITH THE DOT. ATTORNEY COLLINS STATED THAT WE MUST BE SURE THAT THE I-=,*�,--_-::.SCOPE OF WORK IS CONSISTENT IN BOTH CONTRACTS. MISS JAMIE COCHRANE, REPRESENTATIVE OF DOT, STATED THAT THE DOT AND THE COUNTY WOULD HAVE A .JOINT PARTICIPATION AGREEMENT TO ENABLE DOT TO PASS THROUGH FEDERAL FUNDS OF $8,000 TO THE COUNTY TO DO THIS WORK. THE COUNTY WILL ALSO HAVE A CONTRACT WITH KIMLEY- HORN. SHE STATED THAT THE PURPOSE OF THIS MANDATED STUDY IS TO FIND OUT WHAT FUNDS ARE COMING INTO THE COUNTY FOR TRANSPORTATION AND HOW THEY CAN BE COORDINATED; ALSO WHAT OPTIONS THE COUNTY WOULD HAVE. DISCUSSION FOLLOWED ABOUT THE COUNCIL ON AGING AND THE PROBLEMS THEY ARE HAVING AT THE PRESENT TIME. PLANNING DIRECTOR REVER ADVISED THAT THE COUNCIL ON AGING WOULD BE THE LOGICAL CHOICE AS AGENT AS THEY ARE THE LARGEST SINGLE PROVIDER OF TRANSPORTATION. HE ADDED THAT THERE ARE NO FUNDS INVOLVED WITH THEM, IT WOULD BE JUST A MATTER OF INFORMATION - WHEN THE PLAN IS COMPLETED, THERE WOULD BE NO EXCHANGE OF MONIES. COMMISSIONER FLETCHER EXPRESSED CONCERN ABOUT SPENDING $8,000 AND THEN HAVING THE STUDY PUT ON A SHELF. MOTION WAS MADE BY COMMISSIONER BIRD, SECONDED BY COMMIS- SIONER WODTKE, THAT THE BOARD APPROVE THE RECOMMENDATION OF THE ADMINISTRATOR REGARDING THE CONTRACT BETWEEN THE FLORIDA DOT AND -THE COUNTY; THE CONTRACT BETWEEN KIMLEY-HORN AND ASSOCIATES, INC. AND THE COUNTY; CONTINGENT UPON RECEIPT OF LETTERS FROM DOT AND KIMLEY- HORN AGREEING WITH THE SCOPE OF WORK; AND AUTHORIZE THE SIGNATURE OF THE CHAIRMAN TO SIGN BOTH DOCUMENTS. MORE DISCUSSION ENSUED. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED 4 TO 1, WITH COMMISSIONER FLETCHER VOTING IN OPPOSITION. THE CONTRACTS WILL BE MADE A PART OF THE MINUTES WHEN RECEIVED. soon 4 "� �ac� 6� 8 SEP 3 01981 39 . r SEP 3 01981 BOOK 7. Gr�c ATTORNEY COLLINS REPORTED THAT HE HAD REVIEWED THE BY—LAWS OF THE LIBRARY TO TRY TO DEFINE THE COUNTY'S POSITION AND ALSO TRIED TO TALK TO THE VARIOUS PEOPLE INVOLVED. HE FELT THERE NEEDED TO BE SOME SORT OF AN IMPETUS FOR THE PARTIES TO COME TOGETHER BECAUSE COMMUNICATIONS HAD BROKEN DOWN, AND HE ASKED THE CHAIRMAN TO HAVE ONE OF THE COMMISSIONERS HOLD A MEETING WITH THE CONCERNED PARTIES BEFORE THE RECALL VOTE. SINCE COMMISSIONER FLETCHER WAS A MEMBER OF THE LIBRARY BOARD, HE FELT SOME OTHER COMMISSIONER SHOULD MEET WITH THE TWO FACTIONS, AND COMMISSIONER WODTKE VOLUNTEERED. COMMISSIONER WODTKE REPORTED THAT THEY ACTUALLY HAD TWO MEETINGS WHERE HE TRIED TO RELAY THE COMMISSIONS THOUGHTS ABOUT ADDITIONAL.FUNDING, THE BOARD OF DIRECTORS, ETC. PROBLEMS WERE AIRED, AND THOSE IN ATTENDANCE FELT A PERIOD OF COOLING OFF WOULD BE ADVISABLE WHERE AN ADDITIONAL EFFORT COULD BE MADE TO TAKE A' FAIR AND OBJECTIVE LOOK AT THE GOALS AND REVIEW THEM WITH THE LIBRARIAN. COMMISSIONER 1'IODTKE STATED THAT HE ASKED FOR A PERIOD OF 30 DAYS AND REQUESTED STRONG CONSIDERATION BE GIVEN AS TO NOT GOING THROUGH WITH ANY RECALL. MAYOR GOFF WAS A PARTICIPANT IN THESE DISCUSSIONS. VERO BEACH MAYOR TERRY GOFF FELT IT HAD BEEN A FRUITFUL MEETING WHICH HOPEFULLY WILL MOVE THINGS FORWARD, HIS MAJOR CONCERN WAS WHETHER THE FUNDING STILL WILL BE THERE IF THEY START CHANGING THE GOALS. CHAIRMAN LYONS FELT THERE IS ALWAYS ROOM FOR SOME MOVEMENT, BUT HE WOULD HAVE DIFFICULTY IF THERE WERE ANY MAJOR CHANGES, COMMISSIONER WODTKE BELIEVED THERE IS A FEELING THAT THE TEN GOALS THAT WERE PRESENTED AND APPROVED ARE THE GOALS THAT ARE ATTACHED TO OUR FUNDING. HE FELT THE BOARD IS VERY CONCERNED TO LEARN WHAT THE GOALS ARE FOR THE NEXT YEAR AND WANT SOME ANSWERS BEFORE COMMITTING ANY ADDITIONAL MONEY. ATTORNEY COLLINS EXPRESSED SERIOUS DOUBTS ABOUT THE LEGALITY OF THE LIBRARY BOARD GOING THROUGH A RECALL ELECTION. HE NOTED THAT THE BUILDING AND ASSETS ARE OWNED BY THE NON-PROFIT ASSOCIATION, BUT THE LIBRARY BOARD IS SUBSTANTIALLY DEPENDENT ON PUBLIC GOVERNMENTAL FUNDING FOR ITS REVENUE. HE RECOMMENDED THAT THE COMMISSION GIVE THE FACTIONS AN OPPORTUNITY TO RESTUDY THEIR GOALS, REPRESENT THEM TO THE COMMISSION, AND THEN REACT. COMMISSIONER FLETCHER STATED THAT HE PERSONALLY WAS WILLING TO CONTINUE FUNDING AT THE SAME LEVEL, BUT THOUGHT JUSTIFY- ING THE NEED FOR ADDITIONAL FUNDING MIGHT MOTIVATE THE FACTIONS TO GET TOGETHER AND RESOLVE THEIR DIFFERENCES. COMMISSIONER SCURLOCK REPORTED THAT HE HAD DISCUSSED THIS MATTER WITH A REPRESENTATIVE FROM THE STATE ASSOCIATION OF LIBRARIES, WHO STATED THAT THIS SITUATION WAS FAR FROM A UNIQUE PROBLEM AND RECOMMENDED THAT THE COUNTIES GAIN MORE CONTROL OVER THE LIBRARIES AND NOT LESS. HE FELT IF A MAJOR PORTION OF FUNDING IS COMING FROM COUNTY GOVERNMENT, THAN A MAJOR SAY SHOULD BE AT THAT LEVEL. COMMISSIONER WODTKE CONTINUED THAT IF THE SITUATION REMAINS THE SAME WITH THE LIBRARIAN NOT COMMUNICATING WITH THE LIBRARY BOARD AND PROPER FINANCIAL REPORTS NOT BEING DONE, HE WOULD HOPE THAT WITHIN A 30 -DAY PERIOD SOMETHING IS WORKED OUT TO SEE THAT THE MANAGERIAL RESPONSIBILITY FOR THE DAY-TO-DAY OPERATION OF THE LIBRARY IS SECURE. HE NOTED THAT THE 30 DAY PERIOD WAS IN RESPONSE TO THE SIGNATURES ASKING FOR CONSIDERATION AND ALSO TO HAVE THE LIBRARIAN RESPOND DIRECTLY TO THE LIBRARY BOARD ABOUT HER CON- CERNS ABOUT THE TEN POINT GOALS. COMMISSIONER FLETCHER REPORTED THAT HE ATTENDED THE LATER MEETING OF THE LIBRARY BOARD AND GOT THE IMPRESSION THAT THE PETITION FOR RECALL HAD BEEN STAYED AND HOPED THAT THE 30 DAYS WILL ALLOW FOR COMMUNICATION BETWEEN THE LIBRARIAN AND HER STAFF AND THE LIBRARY BOARD. MAYOR GOFF STATED THAT HE HOPED TO BE ABLE TO GET BACK TO THE COMMISSION BY THEIR MEETING OF OCTOBER 21ST WITH THE LIBRARY BOARD GOALS. E00�( 1 P. 7' PAGE H2O SEP 3 01581 41 BOOK 7 P,41,' F. A1 CONSIDERABLE DISCUSSION FOLLOWED ON PARTICIPATION AT THE LIBRARY BOARD MEETINGS, AND THE FACT THAT THE MAIN AREA OF CONTENTION SEEMS TO BE BASED ON WHO IS GOING TO RUN THE LIBRARY - THE LIBRARIAN AND HER CONTINGENT OR THE LIBRARY BOARD. MAYOR GOFF COMMENTED THAT THEY HAVE HAD A REAL BOOM IN LIBRARY MEMBERSHIP, AND HE FELT IF THEY CAN CHANNEL THAT, THEY CAN SOLVE THE PROBLEM MRS. SCHEIDT, MEMBER OF THE LIBRARY BOARD, WISHED TO MAKE IT CLEAR THAT NO ONE ON THE LIBRARY BOARD HAS A DESIRE TO GET INVOLVED IN THE DAY-TO-DAY ADMINISTRATION OF THE LIBRARY, BUT THEY ,DO FEEL THEY HAVE THE RESPONSIBILITY AND RIGHT TO MAKE POLICY AND HAVE IT CARRIED OUT, SHE APPRECIATED THE COMMISSION'S INVOLVEMENT AND FELT THE LIBRARY BOARD WOULD BE IN A BETTER POSITION IF MORE STRINGS WERE ATTACHED TO THE FUNDING BY THE COUNTY. WILLIAM KoOLAGE, INTERESTED CITIZEN, URGED THAT THE LIBRARY BOARD ENGAGE IN A MORE STRENUOUS EFFORT TO RAISE FUNDS FOR THEMSELVES RATHER THAN ALWAYS GOING TO THE COMMISSION THE CHAIRMAN STATED THAT THE COMMISSION WILL EXPECT A FURTHER REPORT ON THE LIBRARY AT THE OCTOBER 21sT MEETING. COMMISSIONER BIRD, CHAIRMAN OF THE PARKS & RECREATION COMMITTEE, DISCUSSED THE NEED FOR PLAYGROUND EQUIPMENT FOR SMALL CHILDREN AND FOR SOME SUPERVISION AT THE GIFFORD PARK. HE REPORTED THAT flACDONALD'S HAS AGREED TO DONATE SOME OF THEIR USED PLAYGROUND EQUIPMENT AND ALSO SOME ITEMS CHOSEN FROM THEIR CATALOG, IN ADDITION, THE E.O.C. FOUND SOME FUNDS TO PURCHASE NEW ITEMS OF PLAYGROUND EQUIP- MENT FOR THIS PARK. PARK SUPERINTENDENT BILL COOK DISPLAYED A CONCEPTUAL PLAN FOR PLACEMENT OF THE PLAYGROUND EQUIPMENT, BOTH NEW AND RECONDITIONED, WHICH ITEMS WILL BE INSTALLED BY THE COUNTY CREW"" COMMISSIONER BIRD THEN REVIEWED THE NEED FOR SOME KIND OF SUPERVISED RECREATIONAL PROGRAM AT THE GIFFORD PARK, NOTING THAT PAT CALLAHAN OF THE VERO BEACH RECREATIONAL DEPARTMENT KNEW OF SOME YOUNG CETA WORKERS WHO WOULD BE AVAILABLE., BUT THEY WOULD REQUIRE ADULT SUPERVISION. THE GIFFORD PARK ADVISORY COMMITTEE HAS SUGGESTET A PROGRAM TO RUN FROM ABOUT 3:30 TO 6:30 P.M. ON WEEKDAYS AND ALL DAY SATURDAYS. THERE IS A YOUNG MAN IN GIFFORD WITH A COLLEGE DEGREE IN PHYSICAL EDUCATION, WHO IS PRESENTLY WORKING AS A SUBSTITUTE ..a.t.:TEA CHER, AND WHO WOULD BE THE LOGICAL PERSON FOR THIS POSITION IF A WAY CAN BE FOUND TO FUND HIM. -MRS. CALLAHAN ESTIMATED FOR THE HOURS PROPOSED, HE SHOULD BE PAID ABOUT $100 A WEEK. RALPH LUNDY INFORMED THE BOARD THAT BOTH THE PROGRESSIVE CIVIC LEAGUE AND THE GIFFORD PARK ADVISORY COMMITTEE, WHICH HAS BEEN ORGANIZED FOR SEVERAL WEEKS AND IS ACTIVE, AGREE WITH THE NEED FOR A SUPERVISED PROGRAM FOR THE PARK AND HAVE EXPRESSED WILLINGNESS TO ASSIST WITH THE MONITORING OF THE PARK, THEY BELIEVE THAT SUCH A PROGRAM WOULD BENEFIT NOT ONLY THE GIFFORD AREA, BUT THE COUNTY AS A WHOLE BY KEEPING THESE CHILDREN OFF THE STREET AND CHANNELING THEIR ENERGIES IN THE RIGHT DIRECTION. MR.LUNDY CONTINUED THAT THE ADVISORY COMMITTEE HAS AGREED TO ASSIST WITH THE COST BY PAYING THE SALARY OF THE SUPERVISOR FOR THE SECOND FOUR MONTHS, THEY WILL HAVE TO SET UP A SERIES OF FUND RAISING PROJECTS TO ACCOMPLISH.THIS AND WOULD LIKE THE COMMISSION TO FUND THE FIRST FOUR MONTHS. COMMISSIONER BIRD NOTED THAT MRS. CALLAHAN ESTIMATED A COST OF $6,000 FOR THE SCHOOL YEAR, BUT SINCE THE SCHOOL YEAR HAS ALREADY STARTED, IT WOULD BE A TOTAL COST OF ABOUT $5,000. COMMISSIONER WODTKE WISHED TO KNOW IF SUCH A PERSON 'MOULD WORK IN THE RECREATION DEPARTMENT WITH MRS. CALLAHAN OR BE AN EMPLOYEE IN THE COUNTY PARKS DEPARTMENT, COMMISSIONER BIRD FELT HE WOULD BE A COUNTY EMPLOYEE WHO WOULD WORK HAND IN HAND WITH MRS. CALLAHAN, BUT PARK SUPERVISOR BILL COOK WOULD BE HIS SUPERVISOR. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY AGREED TO FUND UP TO $2,500, INCLUDING ALL FRINGE BENEFITS, FOR A PART TIME RECREATION SUPERVISOR FOR THE GIFFORD PARK, WITH THE UNDERSTANDING THAT THE GIFFORD PARK ADVISORY COMMITTEE WILL FUND THE REMAINING FOUR MONTHS OF THE SCHOOL YEAR. SEP 3 61981 43 BOOK 47 PAGE (622 SEP 3 01991 BOOK lArlF COMMISSIONER BIRD THEN INFORMED THE BOARD THAT WE HAD AGREED TO PUT PORT—O—LETS IN THE PARK AREA THROUGH THE SUMMER, AND THE CONTRACT HAS RUN OUT. HE NOTED THAT HE IS STILL LOOKING FOR FUNDS FOR PERMANENT RESTROOM FACILITIES, BUT IN THE MEANTIME WOULD LIKE US TO TRY TO FIND A WAY TO CONTINUE WITH THE PORT-0—LETS AT LEAST UNTIL THE END OF THE SCHOOL YEAR, THE COST FOR TWO OF THEM IS $98.00 A MONTH. ON LOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY AGREED TO INCLUDE FUNDING FOR TWO PORT—O—LETS IN GIFFORD PARK IN THE BUDGET FOR THE REST OF THE SCHOOL YEAR. 911,11 p ': ►� low, ADMINISTRATOR NELSON REPORTED THAT IN ANALYZING BID #98 PREVIOUSLY, THEY MISINTERPRETED SOME OF THE NUMBERS AND MISTAKENLY RECOMMENDED THE BID BE AWARDED TO MIAMI ELEVATOR WHEN SCHINDLER HAUGHTON ACTUALLY WAS THE LOW BIDDER BECAUSE THEIR FIGURE OF $516 INCLUDED ALL THE ELEVATORS IN THEJAIL, THE COURTHOUSE AND THE NEW ADMINISTRATION BUILDING. ON MOTION BY COMMISSIONER FLETCHER, SECONDED BY COMMISSIONER SCURLOCK, THE BOARD UNANIMOUSLY REVOKED THEIR MOTION MADE AT THE LAST MEETING AWARDING THE ANNUAL ELEVATOR SERVICE MAINTENANCE CONTRACT TO MIAMI ELEVATOR. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY AWARDED BID #,{98 FOR ANNUAL ELEVATOR SERVICE MAINTENANCE TO THE LOW BIDDER SCHINDLER—HAUGHTON IN THE AMOUNT OF $516.00 MONTHLY TO BE PAID FROM ACCOUNT #001-906-523-34-61 (.JAIL) AND #001-220-519-34-61 (COURTHOUSE AND ADMINISTRATION BUILDING). THE BOARD NEXT REVIEWED BID #100 FOR A 6 YARD DUMP TRUCK, AND ADMINISTRATOR NELSON REPORTED THAT THIS IS A UNIQUE ITEM IN THAT IT IS THE FIRST TIME WE HAVE GONE TO A DIESEL DUMP TRUCK. THIS_TRUCKb IS A REPLACEMENT FOR THE ONE THAT WAS DESTROYED IN AN ACCIDENT. ON MOTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY AWARDED BID #100 FOR A 19$1 6 -YARD DIESEL DUMP TRUCK TO MINTON EQUIPMENT AS BEING THE LOWEST AND BEST BIDDER IN THE AMOUNT OF $24,924,69; FUNDING TO BE FROM ACCOUNT =k= #102-214-541-66-431 BOARD OF C:UUN I Y C.UMM1551UNtMo 2145 -14th Avenue / Vero Beach, Florida 32960 'tr p v BID TABULATION N �` BID NO. DATE OF OPENING IRC # 100 Sept. 22, 1981 q a, o BID TITLEw One (1) 1981 6 yd. Dump Truck q ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT P 1. One (1)_1981 6 d. Dump Truck NP, A.% 25192 19 24924 69 1 each 2. Days required for delivery after receipt of Purcias 80-120 90-12 Da •s Days Days COMMISSIONER WODTKE REPORTED THAT SINCE THE STATE HAS ELIMINATED MANDATORY VEHICLE SAFETY INSPECTIONS, THERE HAS BEEN A LOCAL COMMUNITY -MINDED EFFORT TO GIVE THE PUBLIC AN OPPORTUNITY TO HAVE THEIR VEHICLES INSPECTED ON A STRICTLY VOLUNTARY BASIS. PETE NOEL OF WGYL PRESENTED THE FOLLOWING FACT SHEET AND REPORTED THAT THEY ARE LOBBYING TO GET THE STATEWIDE INSPECTION PROGRAM REINSTATED 45 BOOK 47 PATE 624 S E P 3'0 1981 S E P 3 0 1991 INSPECTION SERVICE FACT SHEET BOOK 47 p t THE TREASURE COAST'S NUMBER ONE STATION 1500 20th Street - Vero Beach, Florida 32960 Telephone (305) 567-8366 September 30, 1981 I WGYL FM radio and Adam Kellers' Chevron Service Station jointly offering vehicle inspection with the same features inspected as under the state program. II The fee will be $2.50 instead of the current $3.00. III WGYL will have the inspection stickers printed free of charge to Keller and promote the inspections heavily on the air. IV Both enterprises will gain a benefit through publicity and those vehicle owners wishing to be assured of the safety of their cars will have the inspection service offered. V The service should be ready for offering to the public by the end of October. VI Discussions are underway with the Treasure Coast Safety Council to link the two counties in an effort to promote and offer vehicle safety inspections. VII Under the joint venture concept the fee would probably be higher to enable a periodic safe driver award to be given through the year and an annual sizeable cash award. VIII Indian River Community College has agreed to print the inspection forms for use at the inspection station with a copy of the completed form going to the driver to show what item may not . have passed inspection. We're G lad You're Listening r MR. NOEL REQUESTED THAT THE COUNTY COMMISSION ADOPT A PROPOSED RESOLUTION SUPPORTING THE EFFORTS OF leIGYL AND KELLER'S CHEVRON SERVICE IN OFFERING THESE SAFETY INSPECTIONS. MOTION WAS MADE BY COMMISSIONER FLETCHER, SECONDED BY ,.COMMISSIONER SCURLOCK, TO ADOPT RESOLUTION 81-79 AS SUGGESTED BY MR. NOEL. IN DISCUSSION, IT WAS ASSUMED THAT THE SAME STANDARDS CURRENTLY SET WOULD BE THOSE USED, THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. "Ar 47FtiGE�� ' SEP 3 0 -1981 47 r SEP 3 01991 sooK 47 P,�,c s27 RESOLUTION NO. 81-79 WHEREAS, the State of Florida's legislative majority and the governor have eliminated mandatory statewide vehicle safety inspections, and WHEREAS, the Board of County Commissioners of Indian River County consider voluntary vehicle safety inspections a desirable safety standard for the citizens of this area, and WHEREAS, many vehicle owners desire to have at least a voluntary annual inspection to assure themselves and others of the safety of their vehicles, NOW, THEREFORE, BE IT RESOLVED THE BOARD OF COUNTY .COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, hereby commends the efforts of WGYL Radio and Keller's Chevron Service Station for offering safety inspections based on the old state standards to the citizens of Indian River County on a voluntary basis. BOARD OF OF INDTk a Attest: Freda Wright, CJ elk lau V. Adopted Sept ember 30, 1981 COMI SS I ONERS COUNTY, FLORIDA . Lfy %J.La r COUNTY INSURANCE PROGRf M_ THE ADMINISTRATOR REVIEWED THE FOLLOWING MEMO: TOThe Honorable Members of DATE: September 23, 1981 FILE: the Board of County Commissioners 'V%. 4 FROM: Neil A. Nelson County Administrator DESCRIPTION AND CONDITIONS SUBJECT: County Insurance Program Life/Health (Employee Be;;-- Program) - Liability and Insurance Program REFERENCES: As has recently been discussed with members of the Board, we have received indication from Aetna Insurance Company that our rates are going to increase by 84%. In order to continue the same basic program that we currently have, the new cost will be approximately $376,553. As part of our annual review of our Liability and Casualty Insurance Program, we have ascertained that opportunity exists to reduce costs while at the same time address areas of deficiency in our current program. ALTERNATIVES AND ANALYSIS Based upon our review of the aforementioned coverages, it is the staff's belief that coverages can be obtained through the seeking of competitive proposals for the providing of the required insurance needs. RECOMMENDATIONS It is the staff's recommendation that the Board authorize renewal of the existing policies on a month to month basis and that the Board authorize the staff to prepare requests for proposals for the County's entire Insurance Program. This will necessitate staff development of specifications, requests for proposal documents, advertisement, evaluation of proposals received and a recommendation to the Board of any changes in carriers as may be appropriate. SEP 3 9191 49 BOOK 4'.7 PAGE 68 SEP 3 01991 BOOK 47 pmc� 629 MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, TO CONTINUE OUR PRESENT INSURANCE PROGRAM ON A MONTH TO MONTH BASIS WHILE STAFF COMPLETES FURTHER INVESTIGATION OF ALTERNATIVE INSURANCE PROGRAMS, HOPEFULLY WITHIN 30 DAYS, COMMISSIONER WODTKE WISHED TO BE SURE THAT WE HAVE A RIDER OR SOME TYPE DOCUMENT FROM MR, ARDEN, OUR PRESENT INSURANCE AGENT, THAT SHOWS THAT WE DO HAVE COVERAGE ON A MONTH TO MONTH BASIS.v THE CHAIRMAN CALLED FOR THE QUESTIONS IT WAS VOTED ON AND CARRIED UNANIMOUSLY _ is COMMISSIONER FLETCHER REQUESTED THAT ITEM B BE WITHDRAWN FROM THE CONSENT AGENDA$ TO The Honorable Members of the DATE: September 14, 1981 FILE: Board of County Commissioners SUBJECT: Request for Partial Bond Laurelwood Unit 4, Laurel FROM: Neil A. Nelson, REFERENCES: Robert T. Shutts , Vice President County Administrator Laurel Builders to Neil Nelson, Dated 9-1-81 DESCRIPTION AND CONDITIONS Laurel Builders is requesting release of 60% of the $65,138.05 cash performance bond posted in August, 1981 for paving and drainage improvement at Laurelwood Unit IV Subdivision. The amount to be released totals $39,082.83. ALTERNATIVES AND ANALYSIS t Inspection of the work on September 14, 1981 by the County Engineer revealed that all curb and gutter work, subgrade work, and base preparation not including-_-,-,-,_, soil -cement application is complete. The completed work is 60% of the total work bonded. RECOMMENDATIONS AND FUNDING It is recommended that the Board approve the release of $39,082.83 (which is 60% of the $65,138.05 cash bond) to Laurel Builders, Inc. for that completed paving and drainage work within Laurelwood Unit IV. Funding to be provided from the County's escrow account. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY APPROVED THE RELEASE OF 60% OF THE CASH BOND FOR LAURELWOOD UNIT IV TO LAUREL BUILDERS, INC., OR $39,082.83. CONSENT AGENDA— ITEM C — RE SHALLOW AQUIFER MON TORING SITES TO: The Honorable Members of the Board of County Commissioners FROM: Neil A. Nelson, County Administrator DESCRIPTION AND CONDITIONS DATE: September 22, 1981 FILE: SUBOIL=CT: Request by St. Johns Rive. Management District to esta;, Shallow Aquifer Monitoring Sit;: RErERENCES: James M. Frazier, Jr., Hydrologist, SJRWMD, to Neil;A. Neison,dated Sept. 11, 1981 The St. Johns River Water Management District is collecting ground water data in Indian River County to research the shallow aquifer fresh water/salt water interface. To accomplish this task, the District is requesting permission to install monitoring wells at the County Solid Waste Transfer Station Sites. Five Sites have been chosen: 1) Transfer Station near South Canal 2) Transfer Station near Gifford 3) Transfer Station near Winter Beach 4) Transfer Station near Fellsmere 5) Transfer Station near Roseland Installation includes a 4" screened well with attached aluminum recorder shelter. After the monitoring is complete the sites will be restored to their original condition. ALTERNATIVES AND ANALYSIS The Landfill Supervisor, Rex Hailey, has been in contact with the SJRWMD representative and has discussed the matter with him. There are no County staff objections to this request. The impact this program will have on the County will be positive and the County wi11 benefit from this fresh water/salt water monitoring program. RECOMMENDATIONS AND FUNDING It is recommended that the Board of County Commissioners grant the St. Johns River Water Management District permission to install the 5 monitoring well sites and to proceed with their program. There are no funding considerations to be addressed by the Board for this item. SEP 3 01951 47 PAGE 630 51 J SEP 3 01981 BOOK T PAG -r.63 DISCUSSION ENSUED AS TO THE DESIRABILITY OF HAVING THE WATER MANAGEMENT DISTRICTS ON THE BASIS OF RIVER BASINS RATHER THAN BROKEN INTO POLITICAL DIVISIONS. JAMES FRAZIER, HYDROLOGIST OF THE ST, JOHNS RIVER WATER MANAGEMENT DISTRICT, REPORTED THAT THEY ARE IN THE PROCESS OF A SHALLOW AQUIFER EVALUATION IN INDIAN RIVER COUNTY AND DURING THE TIME THEY ARE ACTIVELY WORKING IPJ THIS AREA, THEY WILL BE AVAILABLE TO HELP THE COUNTY OUT IN ANY WAY THEY CAN. ON MOTION BY COMMISSIONER BIRD, SECONDED BY COMMISSIONER FLETCHER, THE BOARD UNANIMOUSLY GRANTED THE ST, JOHNS RIVER WATER MANAGEMENT DISTRICT PERMISSION TO INSTALL THE 5 MONITORING WELL SITES LISTED IN THE MEMO OF SEPTEMBER ZZ, 1981, AND TO PROCEED WITH THEIR PROGRAM. CONSENT AGENDA - ITEM B - AGREEMENT WITH FP&L RE CONVERTING STREET THE BOARD REVIEWED THE FOLLOWING MEMO; TO: The Honorable f,iembers of the Board of County Con-missioners FROM: Neil A. Nelson, County Administrator DESCRIPTION AND CONDITIONS DATE: Seotember 21, 1981 FILE: SUBJECT: Agreement proposed by Florida Po,;ier & Light to convert existing Mercury Vapor Street Lights to High Pressure Sodium REFERENCES: H. R. Reiner, P.E. , District Engineer, F.P.L. Fort Pierce Office dated July 24, 1981 and July 31, 1931 By mandate from the Florida Public Service Commission (FPSC), Florida Power and Light Co. has developed a program to replace existing Mercury Vapor street and outdoor lighting with energy efficient High Pressure Sodium luminai- The attached Conservation Lighting Conversion Agreement is intended to comple; and serve as an addendum to the original 1965 FPL -IRC agreement. Both are 10 agreements with automatic renewal clauses. Florida Power and Light i nt?r;C_- replace all of the County's Mercury Vapor lamps with HPS in the next five years within FPL's Franchise Area. Even though the Fort Pierce Office is execution of this agreement, it is intended to apply for both the Fort Pier._ FPL Franchise Area south of SR 60 and the Melbourne FPL Franchise Area north o SR 60. ANALYSIS AND ALTERNATIVES ' The County staff has reviewed this proposed agreement and all comments received were in favor of executing the agreement. We have asked for a listing of those lights for which the County is responsible, and the attached list of 46 lights has been compiled by FPL. These lights are in the South half of the County. Thirty(30) of the 46 lights are within the Laurelwood Street Lighting District. A listing of those.lights in the north county (Melbourne District) has been requested. It is felt by the staff that since the agreement will result in savings to the County, it is not necessary to have this list of lights in the north county prior to signing this agreement. The impact approval of this agreement would have on the County includes a reduction in monthly cost for streetlighting and better, more efficient illum- ination. RECOMMENDATIONS AND FUNDING It is recommended that execution of the FPL Conservation Lighting Conversion Agreement be approved. There are no funding considerations to be approved by the Board for this item. COMMISSIONER FLETCHER HAD QUESTIONS ABOUT THE COST AND THE EFFICIENCY OF THE PROPOSED SODIUM LIGHTS, AND IT WAS EXPLAINED THAT BASICALLY WE WOULD BE GETTING MORE LIGHT AND USING LESS POWER$ MOTION WAS MADE BY COMMISSIONER BIRD,. SECONDED BY COMMIS- SIONER SCURLOC K TO ACCEPT THE RECOMMENDATION OF THE ADMINISTRATOR AND APPROVE THE EXECUTION OF THE FPL CONSERVATION LIGHTING CONVERSION AGREEMENT SEP 3 01991 53 BOdK 47 PAGE 632 SEP 3 01981Al foo4 7 33 QUESTION AROSE ABOUT THE VARIOUS STREET LIGHTING DISTRICTS AND WHETHER THIS AGREEMENT WOULD SUFFICE FOR THE WHOLE COUNTY, ATTORNEY COLLINS NOTED THAT ROCKRIDGE STREET LIGHTIAF DISTRICT IS AN INDEPENDENT DISTRICT ESTABLISHED BY REFERENDUM; THE OTHERS ARE MUNICIPAL SERVICE DISTRICTS, HE SUGGESTED THAT THE ADMIN- ISTRATOR CONTACT FLORIDA POWER AND LIGHT AND HAVE THEM SUBMIT THE APPROPRIATE CONTRACTS FOR THE STREET LIGHTING DISTRICTS AND THE UNINCORPORATED AREA, COMMISSIONERS BIRD AND SCURLOCK WITHDREW THEIR MOTION, AND IT WAS AGREED TO HOLD THIS MATTER OVER UNTIL THE ADMINISTRATOR CAN TAKE THE ACTION SUGGESTED BY THE ADMINISTRATOR, LEASE AGREEMENT - INDIAN RIVER COUNTY AND TOWN OF FELLSMERE RE THE BOARD REVIEWED THE PROPOSED LEASE AGREEMENT, AND ATTORNEY COLLINS COMMENTED THAT HE HAD MADE A FEW CHANGES IN THE DRAFT PROPOSED BY FELLSMERE - THEY HAD A PROVISION WHERE THE COUNTY WOULD BE RESPONSIBLE FOR A PRO -RATED PORTION OF THE UTILITY BILL. HE DID NOT FEEL THE COUNTY SHOULD HAVE ANY RESPONSIBILITY SO HE PUT THAT BURDEN ENTIRELY ON THE TOWN. HE ALSO ADDED AN INDEMNIFICATION CLAUSE, MOTION WAS MADE BY COMMISSIONER FLETCHER, SECONDED BY COM- MISSIONER'SCURLOCK, TO APPROVE THE LEASE AGREEMENT WITH THE TOWN OF FELLSMERE RE LOTS 1 & 2, BLOCK 96, FOR A SPORTS FIELD AND AUTHORIZE THE SIGNATURE OF THE CHAIRMAN. COMMISSIONER BIRD REPORTED THAT HE HAD REVIEWED THE PROPOSED CHANGES WITH MAYOR SUIT, WHO DID NOT HAVE ANY PROBLEMS WITH THEM, AND THE MAYOR WILL BE TAKING THE REVISED LEASE BEFORE THE FELLSMERE COUNCIL TONIGHT FOR FINAL APPROVAL. QUESTION AROSE ABOUT THE USE OF THE FIELD BY ADULTS, AND IT WAS NOTED THAT IT IS INTENDED FOR LITTLE LEAGUE BASEBALL, AND.. YE HAVE, USED THE WORDING PROPOSED BY FELLSMERE, THE CHAIRMAN CALLED FOR THE QUESTION, IT WAS VOTED ON AND CARRIED UNANIMOUSLY. LEASE AGREEIIENT THIS LEASE, entered into this 30th day of September , 1981, by and between the Board of Commissioners, Indian River County, Florida, hereinafter referred to as "Lessor" and the City of Fellsmere, a municipal corporation of the State of Florida, hereinafter referred to as "lessee". WHEREAS, Lessor desires to enter into a lease with Lessee for the consideration of One Dollar per year and in consideration of the covenants contained herein pursuant to authorization for execution of said lease as established by motion September 30, 1981; and WHEREAS, Lessee desires to lease from Lessor the herein- after described property for the sum of One Dollar per year and in consideration of the covenants hereinafter set forth, pursuant to authoriztion for exectuion of said lease as established by City of Fellsmere Resolution No. 81-D. IT IS THEREFORE, in consideration of the premises and the covenants hereinafter set forth the parties mutually agreed as follows: 1. For the sum of One Dollar per year the Lessor does hereby lease to Lessee for a period of twenty (20) years the follow- ing described real property. Lots 1 & 2, Block 96 according to the plat of the Town of Fellsmere, which said Plat was filed in the office of the Clerk of the Circuit Court of Saint Lucie County, Florida, in Plat Book 2, Pages 3 and 4; said land lying and being in Indian River County, Florida. 2. The Lessee is restricted in its use of the property as follows: (a) The purpose of the lease is to permit Lessee to construct, operate and maintain a sports field for various age categories of children and to coordinate the use of the field for sports practices and regularly scheduled games. (b) At all times when the property subject to this leas: is not being so utilized pursuant to the provisions of Paragraph (a), it shall be open to the public. SEP 30191 BOOK SEP 3 01951 BOOK 47 Frac 685 3. No admission or other charge shall be charged to the general public to use the fields or to be a spectator at any reg- ularly scheduled game. This provision is not to prohibit the Lessee from requiring that sponsors of league teams and participants on the league teams be required to pay dues or fees. - 4. All utility bills and any real property or tangible personal property taxes which may be assessed against the real prop- erty because of the existence of this lease shall be paid by Lessee. 5. Lessee may operate concessions of food and beverage, other than alcoholic. In the event the operation of any concession requires the use of utilities, the Lessee shall pay for such cost. 6. Lessee shall purchase, and furnish to Lessor a copy thereof, liability insurance insuring the Lessee and Lessor from liability by reason of personal injury in limits not less than - $500,000.00, and property damages not less than $25,000.00 for any act which may occur during the term of this lease. 7. In the event that at any time during the term of this lease the facilities are not utilized as a sports facility for any one (1) year, such failure to so utilize shall constitute a default in the terms and conditions of this lease. 8. Lessee may establish ordinances, rules and regula- tions restriction the noise, night-time or early morning use of premises which may effect the utilization of the property. 9. This lease may be cancelled by either party upon one years notice prior to termination. 10. Lessee agrees to hold Lessor harmless for any liability that may occur on the subject premises during the term of this lease and agrees to indemnify Lessor for said liabilities including court costs and attorneys fees. DATED this 30th day of CITY (SEAL) By September , 1981. h LLSMERE, FLOR Payor TTEST: City Clerk ,'(SEAL) BOARDDOUNTY COMMISSIONERS, INDIX9�'�RVJER COUNTY, FLORIDA (Y airman / ATTEST: Clerk I hereby certified this copy to be a true copy of the original lease agreement on file at Fellsmere City Hall, North Broadway Blvd., Fellsmere, Florida. .C.A 1. Patti Roberts City Clerk Jf� SEP 3 01981 BOOK 47 PAGE636 r BOOK 47 Pylic 63 7 , ATTORNEY COLLINS REPORTED THAT HE HAS BEEN TRYING TO WORK ON THE HUMANE SOCIETY AGREEMENT WITH THEIR ATTORNEY, WAYNE MCDONOUGH, BUT BELIEVED MRS MCDONOUGH HAS HAD SOME DIFFICULTY COORDINATING WITH HUMANE SOCIETY PRESIDENT BARBARA NOLTE, ATTORNEY COLLINS BELIEVED THAT THE HUMANE SOCIETY IS REVIEWING THEIR OTHER OPTIONS AND THAT THEY WILL HAVE A MEETING IN THE NEXT TEN DAYS, HE STATED THAT HE HAS ASKED ATTORNEY MCDONOUGH TO TAKE OUR PROPOSED LEASE, MAKE THE CHANGES THEY WANT, PUT IN THE PERCENTAGE THEY CAN LIVE WITH, AND BRING IT BACK TO THE COMMISSION. CHAIRMAN LYONS REPORTED THAT HE HAD MET WITH MR. GIEPHART AND MR. MACADAMS OF INDIAN RIVER SHORES IN REGARD TO A PROPOSED AGREEMENT ON THE TRACKING STATION PARK. IT SEEMS THEY FEEL THE PROPOSED AGREEMENT IS MUCH TOO DETAILED AND THEY WOULD LIKE IT SOMEWHAT BROADER. IT WAS SUGGESTED THEY PREPARE AN AGREEMENT, AND THEY ARE DOING SO AND ARE SHOWING'IT TO THE OTHER COUNCILMEN BEFORE FORWARDING IT TO THE COMMISSION. CHAIRMAN LYONS FELT THAT THEY ARE CONVINCED THERE IS GOING TO BE A PARK AND THAT THEY ARE WILLING TO WORK WITH US ON IT. HE NOTED THAT INDIAN RIVER SHORES ALSO SEEMS TO FEEL THAT THERE WILL BE A PROBLEM OF JURISDICTION BECAUSE OF BEING IN THE TOWN ON ONE SIDE OF THE bUNE CROSS—OVER AND IN THE COUNTY ON THE OTHER SIDE AND WHAT THEY ACTUALLY WOULD LIKE IS TO HAVE THE COUNTY AGREE TO ALL THE PARK PROPERTY GOING INTO THE TOWN TO ELIMINATE THE PROBLEM OF JURISDICTION, AND THEN THEY WOULD BE GLAD TO JOIN THE COUNTY ON REQUESTS FOR IMPROVEMENTS, FUNDING, ETC. IN REGARD TO THE QUESTION OF THE SEWER, THEY HAVE INDICATED WILLINGNESS T0, IN EFFECT, SAY IF WE HAVE SOME KIND OF IMPACT FEE WHILE THE CUSTOMER IS IN THE COUNTY, THEY CAN WORK OUT SOMETHINGWITH`—'— US THAT WOULD INDEMNIFY THE CUSTOMER WHEN THEY ARE ANNEXED INTO THE TOWN. IN THE MEANTIME OUR ENGINEER AND UTILITY DIRECTOR ARE WORKING TO SEE IF WE CAN'T COME UP WITH AN IMPACT FEE THAT IS VERY CLOSE TO THAT OF THE TOWN OF INDIAN RIVER SHORES. ADMINISTRATOR "IELSON REPORTED THAT WE HAVE PROCEEDED WITH SOME OF THE IMPROVEMENTS IN THE PARK AREA. IW- 1► l- �� • :'� ' :� COMMISSIONER VIODTKE DISCUSSED THE NEW PROCEDURE FOR OBTAINING A CONCEALED WEAPONS PERMIT SET UP BY ORDINANCE 79-27, THE PERMITS ISSUED TWO YEARS AGO UNDER THESE NEW PROCEDURES ARE NOW COMING UP FOR w RENEWAL, AND COMMISSIONER WODTKE DID NOT FEEL THAT WE HAD INTENDED AT TIME OF RENEWAL TO HAVE THE SAME INDIVIDUAL FINGERPRINTED AGAIN, SUBMIT A NEW PHOTOGRAPH, TAKE THE SAME COURSE, AND GO THROUGH THE ENTIRE PROCEDURE ALL OVER AGAIN. HE HAD NO PROBLEM WITH REPOSTING THE BOND AND THE SHERIFF MAKING COMMENT, BUT QUESTIONED THE APPROPRI- ATENESS OF A $25.00 RENEWAL FEE. ATTORNEY COLLINS FELT THAT BASICALLY THE ORDINANCE IS QUITE CLEAR. HE INFORMED THE BOARD THAT THE ORDINANCE SET OUT THAT THE RATES WOULD BE ESTABLISHED BY RESOLUTION, BUT WHEN THOSE RATES WERE SET, NO FEE FOR RENEWAL WAS ESTABLISHED. THE PRESENT REQUIREMENT TO RENEW IS TO PRESENT AN UPDATED RECORD CHECK, AN AFFIDAVIT STATING ALL THE REQUIREMENTS AND CRITERIA OF THE ORDINANCE HAVE BEEN COMPLIED WITH, AND EVIDENCE THAT THEY HAVE SATISFACTORILY COMPLETED THE DES- IGNATED TRAINING COURSE. ATTORNEY COLLINS FELT THE ORIGINAL IN- FORMATION SUPPLIED JUST HAS TO BE UPDATED BY THE SHERIFF, AND POINTED OUT THAT THE THEORY OF THE TRAINING COURSE IS TO BE SURE THE AFPLICANT CAN HANDLE THE WEAPON CORRECTLY AND TO GIVE THE INSTRUCTOR AN OPPORTUNITY TO OBSERVE THEIR CAPABILITY OF CONTINUING TO HANDLE A FIREARM. HE DID NOT FEEL THE ORDINANCE IS ONEROUS IF THE BOARD ESTABLISHES.A FEE FOR.RENEWAL AND DID NOT FEEL IT WAS NECESSARY TO SUPPLY NEW FINGER- PRINTS OR A NEW PHOTO, DISCUSSION FOLLOWED AS TO THE ADVISABILITY OF HAVING APPLI- CANTS CONTINUE TO DEMONSTRATE THEIR PROFICIENCY AND KEEP UP WITH THE CHANGES IN LAWS, VARIOUS RENEWAL FEES WERE SUGGESTED, AND $15.00 WAS FELT TO BE SUFFICIENT. FURTHER DISCUSSION ENSUED AS TO ADDING NEW GUNS ON A PERMIT, AND THE ATTORNEY REPORTED THAT THE ORDINANCE STATES THEY HAVE THE RIGHT TO CHANGE THE FIREARMS LISTED ON THE LICENSE. THE BOARD AGREED THAT THE APPLICANT MUST ATTEND THE COURSE EVERY TWO YEARS AND SUPPLY ANY UPDATED INFORMATION NEEDED, BUT NEED NOT SUPPLY A NEW PHOTOGRAPH OR BE FINGERPRINTED AGAIN. SEP 3 01981 59 BOOK 47 PAGE6.38 I SEP 0 BOOK 7 PnF 1991 ON POTION BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER BIRD, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 81-080 ESTABLISHING A RENEWAL FEE OF $15.00, RESOLUTION NO. 81- 80 WHEREAS, THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, approved Indian Fiver County Ordinance No. 79-27 .establishing a uniform policy and procedure for the issuance of licenses to carry concealed pistols within Indian River County; and WHEREAS, pursuant to the above -styled Ordinance, fees to implement the Ordinance have been established and are hereby ratified, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following fees shall be in effect: A. Application Fee $25.00 B. Renewal Fee $15.00 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY Patrick B. Lyons Chairman Attest: 4- `/ Z Freda Wrig t Clerk of Circuit4ourt Adopted: September 30, 1981 kk -^ FLETCHE R: THE BOARD REVIEWED THE FOLLOWING MEMO FROM COMMISSIONER TO: Fellow Commissioners DATE: - FILE: September 28, 1981 Acquisition of r.o.w. for future SUBJECT: paving of Laterial "A" or Power - line Road - North of Wabasso Road (510) to New Sebastian School 8-14-81 Letter from Att. Collins to property owners c FROWrover Fletcher REFF_RERICES: Laterial A. Interoffice dnemo 8-27-81 paving of Laterial "A" Verbal communications have been made with the majority of property owners adjacent to the above described roads inquiring from each their feelings about "giving" the necessary property to create a r.o.w. Laterial "A" r.o.w. needs involve five known property owners. It appears to me all five owners are not willing to "give" any r.o.w. Powerline Road r.o.w. needs involve nine known property owners of which seven have tentatively agreed in principle to "give" necessary r.o.w. The experience gained from communications with these owners indicate to me that property owners might be more responsive to county's request of r.o.w. if the initial request is made, in person, by an elected official. I recommend the Commission instruct staff to proceed with the required action necessary to obtain the r.o.w. on , Powerline Road in order that we may ultimately proceed with the paving of the roadway. COMMISSIONER FLETCHER INFORMED THE BOARD THAT THERE IS SOME QUESTION WHETHER OR NOT 25' FROM THE CENTER LINE WOULD RUN INTO THE CONCRETE POLES OF THE POWER LINES, AND OUR ENGINEER SHOULD INVESTI- GATE THE CENTER LINE TO DETERMINE WHERE THE RIGHT-OF-WAY EXISTS ON POWERL I N E ROAD ATTORNEY COLLINS STATED THAT WE NEED TO GO AHEAD AND HAVE A SURVEYOR PREPARE A SURVEY OF THE ROADWAY THAT THE COUNTY MAINTAINS SEP 301981 BOOK 47 PAGE 640 61 A o d w BOOK` 7( h��� i1 SEP 3 01991 AND THEN DIVIDE IT UP IN PARCELS AND COME UP WITH INDIVIDUAL LEGAL DESCRIPTIONS; THEN AT THAT POINT WE CAN GO BACK TO THE LAND OWNER. IN FURTHER CONVERSATION, IT WAS NOTED THAT LATERAL "A" WOULD BE PREFERRED BOTH BY THE SCHOOL BOARD AND THE COMMISSION BE- CAUSE IT IS A MORE DIRECT ROUTE, BUT IT APPEARS WE HAVE MORE OPPORTUNITY TO OBTAIN THE RIGHT-OF-WAY ALONG POWERLINE ROAD. THE COST OF PAVING EITHER ROAD IS ABOUT THE SAME ALTHOUGH LATERAL "A WOULD REQUIRE MORE CLEARING. MOTION WAS MADE BY COMMISSIONER SCURLOCK, SECONDED BY COMMISSIONER FLETCHER, TO PROCEED WITH THE SURVEY NECESSARY TO IDENTIFY THE RIGHT-OF-WAY ON POWERLINE ROAD. DISCUSSION ENSUED AS TO PRIORITIES, THE NEWLY ESTABLISHED TRANSPORTATION PLANNING COMMITTEE, THE RIGHT TO APPEAL A RECLASSIFI- CATION OF ROADS BY THE D.O.T., ETC. THE CHAIRMAN CALLED FOR THE QUESTION. IT WAS VOTED ON AND CARRIED UNANIMOUSLY. COMMISSIONER SCURLOCK REPORTED THAT THERE WAS A VERY FIRM CONSENSUS IN REGARD TO THE PARTIAL CENT OPTIONAL SALES TAX NOT TO COMPROMISE, BUT TO HAVE LOCAL OPTION WITHOUT A REFERENDUM. HE HOPED A COALITION COULD BE FORMED BETWEEN THE FLORIDA LEAGUE OF CITIES AND THE S.A.C.C. TO PURSUE THIS MATTER. COMMISSIONER SCURLOCK FELT ANOTHER VERY IMPORTANT BIT OF INFORMATION GAINED AT THE MEETING WAS THE FACT THAT THERE IS AN APPEAL PROCESS AS TO THE RECLASSIFICATION OF ROADS BY THE D.O.T. DISCUSSION FOLLOWED ON THE ADDITIONAL MILEAGE BEING ADDED EVERY YEAR FOR THE COUNTY TO MAINTAIN WITHOUT ADDITIONAL FUNDING AND THE NEED TO ADDRESS THIS PROBLEM. COMMISSIONER SCURLOCK THEN TALKED ABOUT THE MEETING ON WATER AND THE FACT THAT WE ARE NOT RECHARGED FROM GEORGIA BUT FROM ORANGE COUNTY. COMMISSIONER FLETCHER REPORTED THAT THEY HAVE LEARNED THAT THE DEEP WATER AQUIFER ON THE BARRIER ISLAND IS NOT RECHARGEABLE, AND SOME OF THE OLD WELLS ARE FREE FLOWING AND SHOULD BE RECAPPED, WHICH WOULD ADD A VAST NUMBER OF YEARS TO THE LIFE OF THE AQUIFER. THESE WELLS ARE IN THE MOSQUITO IMPOUNDMENTS. A THE CHAIRMAN ASKED COMMISSIOtIER FLETCHER TO CHECK AND SEE IF THERE IS ANYTHING THE COUNTY CAN DO TO HAVE THESE FREE FLOWING WELLS CAPPED NORTH -COUNTY FIRE DISTRICT_ THE CHAIRMAN ANNOUNCED.THAT THE DISTRICT BOARD OF FIRE COMMISSIONERS OF THE NORTH INDIAN RIVER COUNTY FIRE DISTRICT WOULD CONVENE AFTER THE COMMISSION MEETING ADJOURNED. THOSE MINUTES WILL BE PREPARED SEPARATELY FULLY EXECUTED MEMORANDUM OF AGREEMENT WITH RAMPMASTER, INCORPORATED, IS HEREBY MADE A PART OF THE MINUTES,AS APPROVED AT THE REGULAR MEETING OF AUGUST 5, 1981. SEP 01951 63 BOOK 47 PACE 42 ISP 3 01981 MEMORANDUM OF AGREEMENT Boon 47 r -,%-C643 MEMORANDUM OF AGREEMENT between INDIAN RIVER COUNTY, FLORIDA, a public body corporate and politic duly created and existing under the laws of the State of Florida (hereinafter called the "Issuer"), and RAMPMASTER, INCORPORATED, a Florida corporation (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Memorandum of Agreement are the following: (a) The Issuer is a public body corporate and politic duly created and existing as a local governmental body and duly constituted as a public instrumentality for the purposes of industrial development, under and by virtue of Chapter 159, Part II, Florida Statutes, as amended, (the "Act"), and is duly authorized and empowered by such Act to provide for the issuance of and to issue and sell its industrial development revenue bonds for the purpose of financing all or any part of the "cost" (as defined in the Act) of any "project" (as defined in the Act) . (b) The Company proposes to acquire, construct and equip an industrial or manufacturing plant to be located in Indian River County, Florida (the "County"), for the manufacture of metal products (the "Project"). (c) The Company expects that the cost of the Project, in- cluding the cost of issuance of the Bonds, will not exceed $850,000.00. (d) The Company represents that the Project will provide or preserve employment in the County by creating ap- proximately 40 additional, new jobs within a period of one year after completion. (e) The Company represents that it has not commenced the acquisition or construction' of or the ordering of equipment for the Project, and that itis essential that the Company immediately make commitments for such purposes. (f) The Company proposes that the Issuer agree to issue its Industrial Development Revenue Bonds, in an aggregate principal amount of not to exceed $850,000.00 (the "Bonds"), to finance all or part of the "cost" (as defined in the Act) of the Project, the Bonds to be secured by the obligations of the Company under a lease, installment sale, loan or other financing agree- ment (the "financing Agreement") to make payments sufficient to pay the debt service thereon, and the in- terest on the Bonds to be exempt from federal income taxation under existing laws of the United States of America. (g) The Issuer, by resolution duly passed and adopted, has made certain findings and determinations and has duly ___._, ., approved and authorized the execution and delivery of this Memorandum of Agreement. (h) This Memorandum of Agreement is entered into to induce the Company to proceed with commitments for the Project and to incur costs in connection with various phases of the Project (including the costs of the acquisition, construction and equipping of the Project and related expenses) and to provide assurances by the Issuer, prior to the issuance of the Bonds, that the Issuer will, in coxdance with zmd subject to provisions of the Cm tlt-ution. and ether laws of the State of Florida,, the Act aid this Memorandum of Agreevent, -- - - - _ LsG&ae and sell the Bonds to make the proceeds thereof available to finance all or part of the cost of the Project., tg the extent of such proceeds. 2. Undertakings on the Part of the Issuer. In accordance with and subject to the limitations of the Constitution and other laws of the State of Florida, pursuant to Act and upon the conditions hereinabove and hereinafter stated, the Issuer agrees as follows: (a) It will, subject to a firm take-out commitment from the First State Bank of Miami, or the Southeast Bank of Miami, authorize the issuance and sale of one or more issues of the Bonds, pursuant to the terms of the Act as then in force, for the purpose of financing all or a portion of the cost of the Project. (b) It will, at the proper time and subject to the prior advice and approval of the Company and Bond Counsel, adopt such proceedings and authorize the execution of such documents as may be necessary and advisable for .the authorization, sale and issuance of the Bonds, the acquisition, construction and equipping of the Project and the financing of the Project, all as.shall be authorized by the Act and mutually satisfactory to the Issuer and the Company. The Bonds shall not be deemed to constitute a debt, liability or obligation, or a pledge of the faith and credit or taxing power, of the Issuer or of the State of Florida or of any political subdivision thereof, but the Bonds shall be payable solely from the payments received under the financing agreement. The Bonds shall bear interest at such rate or rates, shall be payable at such times and places,, shall be in such forms and denominations, shall be sold in such manner, at such price and at such time or times, shall have such provisions for redemption, shall be executed, and shall be secured as hereafter may be requested by the Company and determined or provided for by the Issuer, all on terms authorized by the Act and mutually satisfactory to the Issuer and the Company. The interest on the Bonds is to be exempt from federal income taxation. (c) The Bonds shall be sold at negotiated sale'to one or a limited number of substantial and responsible in- stitutional investors, such as banks, insurance companies or investment firms, to be designated by the Company with the approval of the Issuer, in a private placement for such investors' own portfolios and not for distribution to the public, unless the Issuer shall otherwise approve. 3. Undertakings on the part of the Company. Subject to the conditions hereinabove and hereinafter stated, the Company agrees as follows: (a) It.will generally arrange for, manage and carry out the acquisition, construction and equipping of the Project, it will advance its funds for such purpose as herein provided and, to the extent that the pro- ceeds derived from the sale of the Bonds are not suf- ficient to complete the Project and to pay all costs incurred in connection therewith and with the finan- cing and administration of the Project, the Company will supply all additional funds which are necessary therefor. E 0 1981liI 806X 47 PAGE 644 EP 3 01981 BOOK 4� PAu 4 (b) It will cooperate with the Issuer in making arrange- ments for the sale of the Bonds and shall be re- sponsible for compliance with all applicable securi- ties laws in connection with the offering and sale thereof. (c) Contemporaneously with the delivery of the Bonds the Company will enter into the financing agreement and such other agreements and related documents as shall be necessary or appropriate so that the Company will be obligated to operate, maintain and repair the Project at its own expense, to pay for the account of the Issuer sums sufficient in the aggregate to pay all of the principal of and interest and redemption m premius, if any, on the Bonds when and as the same shall become due and payable, and to pay all other costs incurred by the Issuer in connection with the financing, construction and administration of the 'Project, except as may be paid out of the Bond proceeds or otherwise. (d) It will take such further action and adopt such pro- ceedings as may be required to implement its under- takings hereunder. 4. General Provisions. (a) Since it is anticipated that the acquisition, con- struction and equipping of the Project will commence prior to the sale of the Bonds and the Company knows and acknowledges that the Issuer will have no funds available to pay the cost of the Project other than funds derived from the sale of the Bonds, the Company agrees to advance from time to time all funds necessary for the acquisition, construction and equipping of the Project, and any such funds when so advanced shall be deemed funds advanced on behalf of the Issuer. To the extent that the net proceeds derived from the sale of the Bonds are sufficient for such purpose, the Issuer agrees to reimburse the Company from such net proceeds after the issuance of the Bonds for costs of the Pro- ject incurred by the Company prior to the issuance of the Bonds (subject to any limitations imposed by Sec- tion 103(b)(6) of the Internal Revenue Code of 1954, as amended) . (b) The Issuer agrees that the Company may enter into one or more agreements with a private lender or lenders to provide temporary construction financing and obtain commitments for permanent financing for the Project without vitiating in any manner the terms of this Agreement. (c) The Issuer and the Company agree that the Company shall act as independent contractor of the Issuer for the acquisition, equipping and completion of the Project, and that the Company shall provide all services in- cident to the acquisition, construction and equipping of the Project, including without limitation, the preparation of plans, specifications and contract documents, the award of contracts, the inspection and supervision of- work performed, the employment of engi- neers, architects, builders and other contractors And the provision of money to pay the cost thereof pending reimbursevert by the Issuer from the Bond priacee bs, and that the Issuer shall have no responsi- bility for the provision of any such services hum shall retain the right to audit and inspect all docu- ments upon request. 3 (d) The Company may, with the advice and consent of the Issuer, engage the services of an underwriter in con- nection with the offering and sale of the Bonds for such compensation as shall be mutually agreeable to such firm, the Issuer and the Company; provided, how- ever, that the Issuer shall have no liability for the payment of any such firm's compensation or expenses if the Bonds are not sold and issued, and if the Bonds are sold and issued the Issuer shall be liable for the payment thereof only out of the proceeds of the sale of the Bonds. (e) Freeman, Richardson, Watson and Kelly, P.A., is hereby designated as bond counsel for the Issuer in con- nection with the issuance of the Bonds, for such com- pensation as shall be mutually agreeable to such firm and the Issuer; provided, however, that the Issuer shall have no liability for the payment of any of such firm's compensation or expenses if the Bonds are.not sold and issued, and if the Bonds are sold and issued the Issuer shall be liable for the payment thereof only out of the proceeds of the sale of the Bonds. (f) If required by the Issuer, the Company or bond counsel, .the Bonds shall be validated pursuant to the provi- sions of Chapter 75, Florida Statutes, as amended, prior to the issuance and delivery thereof. (g) If required by the Issuer, the Company or bond counsel, such other rulings, approvals, consents, certificates of compliance, opinions of counsel, and other instru- ments and proceedings satisfactory to each of them as to matters relating to the Bonds, the Project, this Memorandum of Agreement, the financing agreement, the trust indenture or any other instrument or act con- templated hereby shall be obtained from such govern- . mental, as well as nongovernmental agencies and en- tities as may have or assert competence or juris- diction over or interest in matters pertinent thereto and the same shall be in full force and effect at the time of issuance of the Bonds. (h) All commitments of the Issuer to issue the Bonds pur- suant to this Memorandum of Agreement and to use the proceeds thereof as herein contemplated are subject to the condition that on or before one (1) year from the date hereof (or such later date as shall be mutually satisfactory to the Issuer and the Company), the Issuer and the Company shall have agreed to mutually acceptable terms for the Bonds and the sale and delivery thereof and mutually acceptable terms and conditions for the financing agreement and other agreements and documents referred to in Sections 2(b) and 3(c) and the proceedings referred to in Sections 2 and 3 hereof; provided, however, that the Bonds may not be issued more than one year after the date on which the entire Project shall have been first placed in ser- vice or acquired (whichever occurs last). (i) If the events set forth in paragraph (h) of this Sec- tion do not take place within the time set forth there- in or any extension thereof and the Bonds are not issued as herein contemplated, the Company agrees that it will pay all costs and expenses incurred pursuant to this Memorandum of Agreement by the Company, the fees and expenses of any underwriter engaged by the Company, the fees and expenses of bond counsel, and all costs and expenses incurred pursuant to this Memorandum of Agreement by the Issuer, including the normal fees and expenses of legal counsel for the 4 i Boa 41 PAGE 646 SEP 3 01981 (j) BOOK 47 FAGE647, Issuer, whereupon this Memorandum of Agreement shall terminate. So long as this Memorandum of Agreement is in effect, all risk of loss to the Project will be borne by the Company. (k) It is expressly agreed that any pecuniary liability or obligation of the Issuer hereunder shall be limited solely to the payments received under the financing agreement, and nothing contained in this Memorandum of Agreement shall ever be construed to constitute a personal or pecuniary liability or charge against any member, officer, employee or agent of the Issuer, and in the event of breach of any undertaking on the part of the Issuer contained in this Memorandum of Agreement, no personal or pecuniary liability or charge payable directly or indirectly from the general funds of the Issuer shall arise therefrom. The Company hereby releases the Issuer from and agrees that the Issuer shall not be liable for, and agrees to defend, indemnify and hold the Issuer harmless against any liabilities, obligations, claims, damages, liti- gation, costs and expenses (including but not limited to attorney's fees and expenses) imposed on, incurred by or asserted against the Issuer for any cause what- soever pertaining to the Project, the Bonds or this Memorandum of Agreement, or any transaction contem- plated hereby. The provisions of this paragraph shall survive any termination of this Agreement. (1) If any time prior to the issuance and sale of the Bonds the Issuer shall determine that there has been material adverse change in the business, operations or financial condition of the Company, the Issuer may, at its option, terminate this agreement by written notice to the Company. the Issuer shall be discharged of its obligations under this Memorandum of Agreement if the Company shall not provide at the closing for the issuance of the Bonds assurances satisfactory to the Issuer that no material adverse change has occurred in the representations of the Company herein or in the financial condition of the Company as presented to the Issuer as of the date hereof. (m) If at any time after such Bonds have been sold and de- livered it is ascertained by the Issuer or its designee that the interest on the Bonds is no longer exempt under federal income tax laws, or that the operation of the Project is no longer economically or legally feas- ible by reason of the condemnation, damaging or de- struction of all or any part of the Project or by changes in the law, measures deemed necessary by the Issuer may be taken to protect the interest of the holders of its Bonds, including the acceleration of the date or dates for calling the Bonds for redemp- tion, increasing the redemption premium and the rates of interest on the Bonds, or increasing the payments under any such financing agreement. The Issuer may also require financial guarantees by guarantors ac- ceptable to the Issuer that obligations of any obligor under such financing agreement shall be performed or otherwise satisfied. The provisions of this paragraph shall survive the termination of this Agreement. (n) In any event, the provisions of this Memorandum of Agreement, except as otherwise provided, shall be superseded by any financing agreement entered into by the Issuer and the Company in accordance with Sections 2(b) and 3(c) of this Agreement and shall, 5 upon the execution and delivery of such financing agreement, terminate and be of no effect. 5. Binding Effect. All covenants and agreements herein contained by or on behalf of the Issuer and the Company shall bind and inure to the benefit of the respective successors and assigns of the Issuer and the Company, whether so expressed or not. IN WITNESS WHEREOF, the parties hereto have entered into this Memorandum of Agreement by their officers thereunto duly authorized, as of the 5th day of August , 1981. (CORPORATE SEAL) ATTEST: Clerk, 18 Indian River County (CORPORATE SEAL) ATTEST: ���� � • / cz-��"tip ecretary SEP 3 O 1981 INDIAN RIVER COUNTY, FLORIDA Signed this 13th day of M;iA\I BY: sioners August , 1981. Signed this 25th day of C August , 1981. Bou 47 PAGE 648 SEP 3 01991 j BOOK 47. pmu- 649 RESOLUTION 81-58 "HUTCHINSON UTILITIES, INC,, SEWER FRANCHISE" IS HEREBY MADE A PART OF THE MINUTES AS APPROVED AT THE REGULAR MEETING OF AUGUST 19, 1981. THE FOLLOWING DOCUMENTS WILL BE MADE A PART OF THE OFFICIAL RECORD. M1. r M 298310 3: G RES0LUTI ON No. 81-58 T BE IT RESOLVED by the Board of County Comm ss-_onersbf Indian River County, Florida: SECTION 1 TITLE: This Resolution shall be known and may be cited as "The Hutchinson Utilities, Inc., Sewer Franchise." SECTION 2 DEFINITIONS: For the purpose of this Resolution, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words using the present terms include the future; words in the plural number include the singular and vice versa. The word "shall" is always mandatory. (a) "County" is Indian River County, a political sub- division of the State of Florida. (b) "Corporation" is the Grantee of the rights under this Franchise, that is, "Hutchinson Utilities, Inc. (c) "Board" is the Board of County Commissioners of Indian River County. (d) "Department" means the Indian River County Utilities Department. (e) "Person" is any person, firm, partnership, associa- tion, corporation, company or organization of any kind. (f) "Territory" means the area located in Indian River County, Florida, outside the corporate limits of any municipal- ity as the same is more particularly defined and described in Section 4 hereof. (g) "Utility" means water or sewer utilities serving subdivisions, apartment and housing complexes, condominium, mobile home or trailer parks, industrial complexes, shopping MCC g% ft 47 PACE 050, r SEP 301981 {�{A'.7 PAPS 1.., centers and similar systems serving more than one building. "Utility" includes wells, pumps, tanks, treatment facilities, distribution systems, water meters, disposal facilities, force mains, pump stations, collection systems, service lines and pipes, real estate and easements necessary to such systems and includes every person, corporation, lessee, trustee or receiver owning, operating, managing or controlling a utility system or proposing construction of a system or who is providing or proposes to pro- vide water or sewer service to the public. SECTION 3 GRANT OF FRANCHISE: There is hereby granted by the County to the Corporation the exclusive franchise, right and privilege to erect, construct, operate and maintain a sewer system within the prescribed territory as herein provided and for these purposes to sell sewerage collection and treatment services within the territory and for these purposes to establish the necessary facilities and equipment and to lay and maintain the necessary lines, pipes, mains and other appurtenances neces- sary therefor in, along, under and across the public alleys, streets, roads, h.ighways and other public places of the County; provided, however, that the County reserves the right to permit the use of such public places for any and all other lawful purposes and subject always to the paramount right of the public in and to such public places. The term of said franchise is thirty (30) years, which may be extended for an additional period or periods of not less than ten (10) years by the mutual agreement of the County and the Corporation under the same provisions and conditions set forth herein. SECTION 4 TERRITORY: a. The territory in which this Franchise shall be applicable is all that part of Indian River County, Florida, located within the following described boundary lines, to -wit: All of Government Lot 1, excepting the North 50 feet thereof, Section 27, Township 33 South, Range 40 East, and all of Government Lot 1, Section 28, Township 33 South, Range 40 East; all of Govern - 3 b 310 2®qd ment Lot 2, Section 28, Township 33 South, Range 40 East, and all of Government Lot 2, Section 27, Township 33 South, Range 40 East; all of Govern- ment Lot 6, Section 21, Township 33 South, Range 40 East, lying Westerly of Floralton Beach Sub- division; all of Government Lot 5, 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, Town- ship 33 South, Range 40 East, lying Westerly of State Road A -1-A. The Franchise territory includes all of The Moorings Units 1, 2, 3, 4, 5, and 6; The Moorings Golf Course; Porpoise Bay Villas; and St. Edward's Upper School. b. The territory may be expanded, to the extent there is ex- cess capacity, to include additional areas located on the "Barrier Island" lying South of the now existing City limits to the now exist- ing South County boundary line separating Indian River County from St. Lucie County, which lie within the territory defined in Section 2(f) and is contiguous to the then existing service area. Corporation shall have available capacity for, and provide to, those persons who "require service". County and Corporation expressly agree that only intense uses, such as multi -family and commercial development "require service". Nothing shall be construed to require that the Corporation expand the sewer treatment facilities beyond that necessary to service the build -out requirements of the territory described in Section 4(a). Such expansion may only occur if County and Corporation so agree and a public hearing is held thereon. SECTION 5 POLICE POWER: The Corporation shall at all times during the life of this Franchise be subject to all lawful exercise of the police power and regulatory authority of the County and to such regu- lation as the County shall hereafter, by resolution or ordinance, provide. SECTION 6 LOSS: It is expressly understood and agreed by and between the Corporation and the County that the Corporation shall hold the -3- L_ SEP 3 0191 BOOK h..4 1 wr 7 0 Ali 47 PmE . E P 3 0 Bodx PAPE 75 1 County and members of the Board harmless from any loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligences on the part -of the Corporation in the construction, operation or maintenance under the terms of this Franchise. The parties agree that in the construction of this section, the claim of any person resulting from negligence on the part of the Corporation may be prosecuted directly by such -person against the Corporation as if no governmental immunity ac- crued to the County by virtue of the Corporation's use of a public place of the County. The County shall notify the Corporation promptly after presentation of any claim or demand. SECTION 7 OPERATION STANDARDS: The Corporation shall maintain and operate its plant and system and render efficient service in accor- dance with the rules and regulations as are or may be set forth by the Board from time to time. Additionally, the Corporation shall comply with all requirements of the Department of Health and Rehab- ilitative Services, Division of Health, the Department of Pollution Control, the Department of Environmental Regulation, and appropri- ate -governmental agencies relative to construction, design, opera- tion, capacity, maintenance and expansion. The right is hereby re- served to the County to adopt, in addition to the provisions herein contained and existing applicable resolutions or laws, such addi- tional regulations as it shall find necessary in the exercise of the police power and lawful authority vested in said County, provi- ded that such regulations shall be reasonable and not in conflict with the rights herein granted and not in conflict with the laws of the State of Florida. The County shall have the right to supervise all construction or installation work performed and to make such inspections as it shall find necessary to insure compliance with all governing regulations. Corporation shall bear the cost of the inspection required by County Ordinance 80-13. Upon the termination -4- b 31 PAR 2 of this Franchise, under Sections 24, and 25, the Corporation shall grant and deliver to the County, upon demand of the County, all of its facilities, system, easements and rights appurtenant thereto (except the treatment plant, together with those in-place appur- - tenances located on site and the real property on which it is situ- ated) lying within Indian River County without charge to the County. In the event any part or all of the territory covered by this Fran- chise shall be hereinafter incorporated in the limits of any munici- pality of the State of Florida, then in such event the Corporation agrees as a part of the consideration of the granting of this Fran- chise that said municipality is herewith granted the same right, power and.authority as is herein given to the County to acquire all the property, assets and facilities of the Corporation used in its services under this Franchise. SECTION 8 STANDARDS: All additional facilities of the Corporation shall be constructed in accordance with plans and specifications ap- proved by the Department of Environmental Regulation of the State of Florida (hereinafter DER), and the County specifications. The quantity and quality of sewerage treatment shall at all times be and remain equal to or exceed the standards for public sewerage collection, and other rules, regulations, and standards now or hereafter adopted by the DER. SECTION 9 AUTHORIZATION OF NEW CONSTRUCTION: Prior to the Corporation placing any new facilities in any of the public places as herein author- ized, the Corporation shall make application to and obtain permission from the County Engineer authorizing said construction. The Corporation shall have the right, when special circumstances exist, to determine the time in which such construction shall be done. -5- SEP 3 01991 BOOK L - 1�. 47 PAGE 65. SEP 301981 BOOK 7 FAGF 655 SECTION 10 LOCATION OF FACILITIES: All pipes, mains, lift stations, pumps, valves and other fixtures laid or placed by the Corporation shall be so located in the public places in the County as not to ob- struct or interfere with any other uses made of such public places already installed. The Corporation shall, whenever practicable, avoid interfering with the use of any street, alley or other highway where the paving or surface of the same would be disturbed. In case of any disturbance of pavement, sidewalk, driveway or other surfacing, the Corporation shall, at its own cost and expense, in a manner approved by the County Engineer, replace and restore all such surface so dis- turbed in as good condition as before said work was commenced, and shall maintain the restoration in an approved condition for a period of one year. In the event that any time the County shall lawfully elect to alter or change the grade of or relocate or widen or otherwise change any such public way, the Corporation shall, upon reasonable notice by the County, remove, relay and relocate its fixtures at its own expense. The Corporation shall not locate any of its facilities nor do any construction which would create any obstructions or conditions which are or may become dangerous to the traveling public. In the event that such public place under or upon which the Corporation shall have located its facilities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or license of the Corporation thereto, provided, however, in the event of this termination of easement, any person, except the County, requesting such termination shall pay to the Corporation, in advance, its costs of re- moval and relocation of the removed facilities in order to continue its service as theretofore existing, or the County shall retain an easement not less than ten (10) feet in width for the benefit of the Corporation and its facilities. cprrrnni 11 MAINTENANCE: If it is necessary to shut off or interrupt ., 3 1 WE 2� q+1 services for the purposes of maintenance, repairs, or installations, the Corporation shall do so at such time as will cause the least amount of inconvenience to its consumers. Unless such repairs are unforeseen and immediately necessary, it shall give reasonable notice thereof to its customers. The Corporation shall diligently prosecute any repairs or maintenance of the system. r nT 7nh? 1n RULES AND REGULATIONS: a. The Corporation shall have the authority to promulgate such rules, regulations, terms and conditions covering the conduct of its. business as shall be reasonably necessary to enable the Corporation to exercise its rights and perform its obligations under this Franchise, and to issue an uninterrupted service to such and all of its customers; provided, however, that such rules, regulations, terms and condtions shall not be in conflict with the provisions hereof or with the laws of the State of Florida, and that all of the same shall be subject to the approval of the Board. b. At all times herein where discretionary power is left with the Board, the Corporation can request said Board that a group of arbi- trators be authorized to determine such discretionary action before dis- cretionary action is taken by the Board. Such group shall consist of: 1. County -Appointed Engineer 2. Corporation -Appointed Engineer 3. One Engineer selected by the two above persons The arbitrators so authorized and constituted may make recommendations to the Board, but such recommendations are not mandatory, without further action upon same by the Board. Any final decision the arbitrators or Board may have, with respect to this Franchise, may be appealed to the Circuit Court of Indian River County by either party. crrTrn►i In NO PREJUDICE: The Corporation shall not as to rates, charges, -7 BOOK 47 PAGE 656` SEP 3 01981 1 ! SEP 3 01981 gooK A7 Fa,E7 services, facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person nor subject any person to prejudice or disadvantage. Nothing herein shall pro- hibit the establishment of a graduated scale of charges and classi- fied rate schedule to which any consumer coming within such classi- fication would be entitled. crrTTnM is SERVICE: a. The Corporation shall furnish, supply, install and make available its sewer collection and treatment system to any and all persons within the territory making demand therefor, and shall provide such demanding person, after receipt of payment of the Connection Charge set forth in Section 18, with its services and facilities within ninety 00) days from the date of such demand; provided, however, that the Baord may, upon application of the Corporation, extend the time for providing such service to such demanding person. In the event the Cor- poration fails to provide its services and facilities to any area within the territory within the time provided and after the demanding person has paid all applicable charges, then in such event the County may, by resolution of the Board, limit, restrict and confine the territory to that area then being serviced by the Corporation or such greater area as the Board shall determine and thereafter the territory shall be the only area set forth, defined, and provided by the Board and the provision of this Franchise shall not extend beyond the limits of the area so re- stricted and defined. The procedure set forth in Section 23 hereof will be utilized in,such instances. b. The Corporation shall not be required to furnish, supply, install and make available its sewer collection and treatment system any person within the territory as hereinafter set forth, unless the same may be done at such a cost to the Corporation as shall make the addition proposed, financially and physically feasible. Financially feasible shall mean that with a fair and reasonable rate to be charged by the Corporation for all the services under this Franchise., to the end, that MO b 3 1 Pff 2 O -q" -' such rate will produce to the Corporation a sum sufficient to meet all necessary costs of the services; including a fair rate of return on the net valuation of its property devoted thereto, under efficient and economical management. The burden of showing that a prospective service to the area is not financially feasible shall be the burden of the Corporation. C. The Corporation shall furnish, supply and make avail- able effluent for the purpose of irrigation of The Moorings' golf course. Same shall be in accordance with the terms and conditions of that certain Operation Permit #DO 31-27317 issued by the Department of Environmental Regulation of the State of Florida. Such effluent shall meet all standards of the Department of Health and Rehabilitative Services, Division of Health, the Department of Pollution Control, the Department of Environmental Regulation and other appropriate govern- mental agencies. Any transferee hereunder shall likewise provide the necessary effluent for irrigation. crrTTnnf 1G APPLICABILITY OF FRANCHISE PROVISIONS: No landowner shall be required to hook up or use the sewerage collection and treatment services as provided in this Franchise; provided, however, if such landowner requests services and purchases services from the Corpor- ation, then the provisions of this Franchise shall apply to such landowner and the land involved. All costs and necessary permis- Bions to service landowner's property shall be borne by such request- ing landowner. This Franchise shall not affect, limit or restrict the rights or privileges as set forth and contained in any license issued to any utility heretofore granted by the Board pursuant to Section 125.42, Florida Statutes. CrrTTr1Al 19 INSURANCE: In accordance with good business practices and for the protection of the County and the general public, the 10 SEP 3 0 19111 �oo� 47 PACE 658 BOOK 47 F.�t;� 59 Corporation shall, at all times maintain public liability and property damage insurance in such amounts as may be required by the Board. The County shall be named as an additional insured on all such policies of insurance. crrTTnM 17 ESCROW ACCOUNT: Ten percent (10%) of the gross rates charged and received by the Corporation shall be placed in an inter- est-bearing escrow account held by the County. The funds so derived may be invested in securities of the U. S. or any agency thereof, or in savings or time deposits insured by an agency of the U. S., as determined by the Escrow Agent. The said funds, together with actual accrued interest, shall be accumulated until the balance reaches $20,000.00, hereinafter "cap amount". If the balance is drawn down the funds shall be re -accumulated until the balance reaches the cap amount. The escrowed funds shall be used as a reserve for capital expenditures (not to include the initial installation of equipment) and deferred maintenance of the sewer system as the need arises. The funds shall be released as follows: 1. If the balance of the account exceeds the cap amount set forth hereinabove, the excess funds shall be remitted by the County to the Corporation. 2. If the need for a capital expenditure, maintenance repair, or emergency repair arises, the Corporation shall, in writing, request the County to release the necessary funds therefor and Cor- poration shall perform such work. In the event Corporation does not perform needed capital expenditure or maintenance repair within thirty (30) days after County has provided a list and notice of de- ficiencies, escrowed funds may be used by the County therefor. 3. If an emergency arises which the Corporation, after notification, fails to correct within a reasonable time, es- crowed funds may be used by the County to effect such necessary repairs. -10- b 3 1 Pt 2 q4.1 4. Should the County terminate the Franchise for cause, the escrowed funds will be governed by Section 24. 5. Should the County terminate the Corporation not for cause, the escrowed funds -will be governed by provisions found in Section 25. The cap amount required may be set at a different level if the Board, at the time of review, determines that the cap amount is either insufficient or is excessive based upon the estimated life and estimated replacement costs of the components of the system. SECTION 18 CONNECTION CHARGE: Each separate building or structure which is connected to the Corporation's sewer system by a separate service connection shall be required to pay one connection charge even when held in ownership common to that of an adjoining building or structure. Connection to the Corporation's sewer system shall be deemed to occur at the time of issuance of the Building Permit by the Building Department. I. Connection charges. The Corporation shall charge and collect from each owner or occupant of all individual residences, condominium units, cooperative apartments, or other structure or premises connecting with the Corpor- ation's sewer system a connection charge. Such connection charge shall be in the amount of Seven Hundred Twenty ($720.00) Dollars. The con- nection charge may be increased after review, public hearing thereon, and approval by the Board. The County and Corporation expressly recognize that $720.00 is the minimum necessary connection charge. Nothing in this section shall be construed to mean an additional charge may be made against existing service to customers, other than such amount which may be outstanding at the time this resolution is adopted. SEP 3 1981 -11- BOOK 47 PAPSE66O'. SEP 3 01981 Box 7 rnr- 661:: 2. Schedule of Service Connection Charges. a. Residential - Each residential unit, which is hereby defined as single family residence, rental apartment, condominium unit, cooperative apartment shall pay the basic connection charge as herein` set forth. b. Motels and Hotels - Motels and hotels shall pay the basic residential unit service connection charge, plus 25% of the basic residential service connection charge for each additional rental unit over and above one. c. Commercial - Commercial establishments shall pay the basic residential service connection charge for each six (6) plumbing fixtures or fraction of six (6) plumbing fixtures contained therein. d. Other connections not outlined herein shall be con- sidered as commercial connections. CCrT MKI 10 RATES: The rates charged by the Corporation for its service hereunder shall be fair and reasonable and designed to meet all neces- sary costs of the service, including a fair rate of return on the net valuation of its properties devoted thereto (such as the value of sewer lines, manholes, lift stations and appurtenances) under efficient and economical management. The Corporation agrees that it shall be subject to all authority now or hereafter possessed by the County or any other regulatory body having competent jurisdiction to fix just, reasonable and compensatory rates. When this Franchise takes effect, the Corpor- ation shall have authority to charge and collect not to exceed the following rates: 1. Sewer service to dwelling unit: $11.05 per month, per unit, for kitchen and one bathroom; an additional $5.20 per month for each additional bathroom or laundry or toilet having a connection,sb.-~ directly or indirectly, to Corporation's sewer lines. 2. Sewer service to commercial or other facilities than dwelling units: a. Hotels, motels or other facilities offering transient or guest accommodations: Minimun charge of $26.00 per month, plus Wb 31 PARE 2 %o "I $5.20 per month per bathroom in excess of five (for facilities of- fering food service as well as accommodations, see below for ad- ditional charges). b. Restaurants, bars, clubs and other facilities providing food or drink as primary services: Minimum charge of «,- $26.00 per month, plus $5.20 per month additional for each twenty (20) seats, or any fraction thereof, in excess of twenty. C. All other commercial facilities: Minimum charge of $26.00 per month, plus an additional $5.20 per month for each room in excess of two having a connection, directly or indirectly, to Corporation's sewer lines. County expressly agrees that the above -said rates are the minimum necessary for Corporation to earn a fair rate of return. Corporation's rates shall at all times be subject to review and ap- proval of the Board, which shall occur not less often than once every three (3) years. No change may be made by Corporation in the basis of its rates without having a public hearing thereon. The Corporation shall, at all times, have the right of review by the County for items of uncontrollable overhead, which in clude, but are not limited to, energy and chemical costs. Upon ap- proval by the Board, the cost of uncontrollable overhead shall be added to the rates as a separate item, subject to semi-annual review by the Board. SECTION 20 ACCESS TO RECORDS: The County shall have access, at all reasonable business hours, to the Corporation's plans, contracts, engineering data, accounting, financial, statistical, consumer and service records relating to the property and the operation of the Corporation and to all other records, required to be kept hereunder, and it shall file such accounting reports and data with the County at the time of review of rates provided in Section 19 (including un- controllable overhead) and connection charges, provided in Section 18. -13- WK 47 RAGE 662 Wo L. 1 ow; °1.411I! SEP 3 01981 BOOK 47 PAcF 663 cPrrrnM 91 ANNUAL REVIEW: The County shall review and inspect the physical treatment plant, premises thereof, and the collection system a minimum of once annually (hereinafter, required review). The required review shall be performed within the two weeks prior to or after the anniversary date of the adoption of this Resolution. The required review and any other review and inspection performed at the option of the County shall be performed after County gives Corpor- ation a minimum of 24 hours' notice. All physical reviews shall be for the purpose of assuring continued satisfactory operation of the facilities by the Corporation. Any deficiencies noted by the County shall be provided to Corporation in a written list. Cost of the re- quired review, which may take one to two days of Department staff time, shall be borne by the Corporation. SECTION 22 TRANSFER OF FRANCHISE: The Corporation shall not sell or transfer its plant or system to another nor transfer any rights under this Franchise to another without the approval of the Board. The Corporation shall not sell, transfer, or assign the majority of the stock of the Corporation in such manner as to effectively transfer the control of the Corporation without the approval of the Board. Further, that no such sale or transfer after such approval shall be effective until the vendee, assignee or lessee has filed with the Board an instrument, in writing, reciting the fact of such transfer and accepting the terms of this Franchise and agreeing to perform all of the conditions hereof. This Franchise shall not be otherwise trans- ferrable and assignable until notice or request for transfer and assign- ment shall be given by the Corporation to the Board, in writing, ac- companied by a request from the proposed transferee, which application shall contain information concerning the financial status and other qualifications of the proposed transferee and such other information as the Board may require; excepting, however, where such transfer is made to the County under the provisions of Sections 23 and 24. A public hearing shall be held on such request. 3b31 PA240 SECTION 23 TERMINATION FOR CAUSE: If the Corporation fails or refuses to promptly and faithfully keep, perform and abide by each and all of the terms and conditions of this Franchise, then the Board shall: 1) Give the Corporation written notice specifying the deficiencies or"defaults and a reasonable time within which the Corporation shall remedy the same. 2) Petition for a public hearing if the deficiency or default has not been remedied within the time specified in the notice. After such hearing, at which all interested parties shall be heard, the Board may further limit or restrict this Franchise or may terminate and cancel the same in whole or in part if proper reasons therfor are found by the Board. The Board shall review any claims for repair or replacement as exist, ordering same to be per- formed by the County. Such repairs shall be paid for from the funds held in escrow described in Section 17. If the Board wholly terminates and cancels this Franchise, the value of the treatment plant, all related utility facilities.in- cluding assets in the ground, and the plant site thereof shall be determined by a panel of appraisers authorized by the County and the Corporation. Such group shall consist of qualified appraisers having the M. A. I. designation of the American Institute of Real Estate Ap- praisers or the S. R. E. A. designation of the Society of Real Estate Appraisers, constituted as follows: 1. County -Appointed Appraiser 2. Corporation -Appointed Appraiser 3. An Appraiser selected by the two above persons The appraisers so authorized and constituted shall make a final de- termination of fair market value of the treatment plant, all related utility facilities including assets in the ground, and the plant site thereof which determination shall be final and binding upon the County and the Corporation. The Corporation expressly agrees that the panel of appraisers shall not consider intangibles such as customer lists, profits or losses, in their appraisal, nor may Corporation make a SEP 301981 -15- BOOT( a MIA �L -4 { un .7 Q"A, k 47 PAGE 664 - -BOOK 47Fl{,t 665 SEP 3 01!91 claim therefor. County may only acquire the treatment plant, site thereof, and on-site related utility facilities for the purpose of operating a sewer treatment plant facility servicing the territory set forth in Section 4. If the Board enters order pursuant to such hearing the the Corporation or any other person feels aggrieved by such order, the Corporation or such other person may seek appeal or review of the Board's action by proceedings in the Circuit Court of the County. crrrrnni 9n TERMINATION NOT FOR CAUSE: If the County desires to term- inate the Franchise for reasons other than the Corporation's failure or refusal to promptly and faithfully keep, perform, and abide by each and all of the terms and conditions of this Franchise, then the Board shall: 1. Demonstrate it has the present ability to service the territory with a County/municipal system. 2. Give the Corporation written notice of not less than ninety (90) days time of its intent to terminate the Franchise. Within this time, the Corporation shall pre- pare any claims it may have. 3. Petition for a public hearing after the notice period concerning the termination and claims related thereto has expired. After such hearing, at which all interested parties shall be heard, the Board may wholly terminate and cancel the same determining the claims and the just costs thereof. If the Board wholly terminates and cancels this Franchise, the value of the treatment plant, all related utility facilities in- cluding assets in the ground, and the plant site thereof shall be----,----.--- determined by a panel of appraisers authorized by the County and the Corporation. Such group shall consist of qualified appraisers having the M. A. I. designation of the American Institute of Real Estate Ap- praisers or the S. R. E. A. designation of the Society of Real Estate Appraisers, constituted as follows: -16- 1. County -Appointed Appraiser 2. Corporation -Appointed Appraiser 3. An Appraiser selected by the two above persons The appriasers so authorized and constituted shall make a final de- termination of fair market value of the treatment plant, all related utility facilities including assets in the ground, and the plant site thereof which determination shall be final and binding upon the County and the Corporation. The Corporation expressly agrees that the panel of appraisers shall not consider intangibles such as customer lists, profits or losses, in their appraisal, nor may Corporation make a claim therefor. County may only acquire the treatment plant, site thereof, and on-site related utility facilities for the purpose of operating a sewer treatment plant facility servicing the territory set forth in Section 4. The Board may not cancel in part, limit, or restrict this Franchise where the Board's action is without cause, but must assume entire responsibility for servicing the territory described in Section 4. All monies,, revenues, or other funds which are due and owing to the Corporation prior to the actual date of termination shall accrue to the Corporation, whether or not such monies have been col- lected on or before the date of termination. Those funds accumulted in the escrow account described in Section 17 shall accrue to the benefit of the Corporation. If the Board enters order pursuant to such hearing and the Corporation or any other person feels aggrieved by such order, the Corporation or such other person may seek review and appeal the Board's action by proceedings in the Circuit Court of the County. ccrTMKI '.M PUBLIC HEARING: As certain members of the general public may be interested in the proceedings, any "hearing" or "public hearing" required by the terms or conditions of this Grant of Franchise shall be a public hearing. The following procedures shall be followed: 1. A petition shall be made to the Board, not less than SEP 3-01981 -17 BOOK 47 PAGE 666 L_ MW6-4 1 Big 9ftftO SEp 3 0191' BOOK A 7 EA!,F seven (7) days before the regularly scheduled meeting, to be placed on the next agenda. 2. The Board shall, at such regular meeting, set the date for public hearing which shall be held within a reasonable time. 3. The moving party shall, at its own expense, publish notice of the said public hearing in a newspaper regu- larly published in the County, at least one (1) time, not less than one week, nor more than one month preceeding such hearing. Certified proof of hearing shall be filed with the Board. 4. The Board shall dispose of the matter before it expe- detiously, but in no event shall it delay a decision more than ninety (90) days from the date of the initial public hearing. SECTION 26 EFFECTIVE DATE: The Franchise and rights herein granted shall take effect and be in force from and after the time of the adoption of this resolution by the Board and shall continue in force and effect until such time as the County may take over the systems as herein provided in Sections 24 and 25. The rate provisions herein set forth in Section 19 shall be effective from and after September 1, 1981. The Corporation shall, within sixty (60) days from the time of the adoption of this resolution, file with the Board its written acceptance of this Franchise, all of its terms and conditions, and further, if such acceptance is not filed within the time specified, then the provisions of this Franchise shall be null and void. SECTION 27 SEVERABILITY: If any word, section, clause or part of this resolution is held invalid, such portion shall be deemed a separate and independent part and the same shall not invalidate the remainder. -18- Aub 3 1 PAff 2 gdm M IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida, has caused this Franchise to be executed in the name of the County of Indian River by the Chairman of the Board of County Commissioners, and its seal to be affixed and at- tested by its Clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the 19th day of August, 1981. Signed, sealed and delivered COUNTY OF INDIAN RIVER, FLORIDA in the presence of: By s Chairman; 2�-of:;thefioard of County Comm*issi n s - rl�&A Attest: ~�/V •. ACCEPTANCE OF FRANCHISE HUTCHINSON UTILITIES, INC., a Florida corporation, does hereby accept the foregoing Franchise and for itself and its successors and assigns, does hereby covenant and agree to comply with and abide by all of the terms, conditions and provisions therein set forth and con- tained. DATED this _ day of 1981. (CDFQRATE SEAL) q. • qq 1l+f.Mafl119 9 STATE OF FLORIDA COUNTY OF INDIAN VER 'pe4luaa/ftl��,t� /Q�Jn ....,.+y--,Notary �wPub , State of Florida �t Large. y Commission expires: w JO -19- s SEP 3 01981 HUTCHINSON UTILITIES, INC. Byca— ,/��-,01a. _� Lou i� , re i dent Attest: cL. Anthony J. 1 Sgcre ry BOOK SEP 3 01981 Bom 4 i vuE 669 THE SEVERAL BILLS AND ACCOUNTS AGAINST THE COUNTY, HAVING BEEN AUDITED, WERE EXAMINED AND FOUND TO BE CORRECT, WERE APPROVED AND WARRANTS ISSUED IN SETTLEMENT OF SAME AS FOLLOWS: TREASURY FUND NOS. 72206 - 72503 INCLUSIVE. SUCH BILLS AND ACCOUNTS BEING ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT, THE WARRANTS SO ISSUED FROM THE RESPECTIVE BONDS BEING LISTED IN THE SUPPLEMENTAL MINUTE BOOK AS PROVIDED BY THE RULES OF THE LEGISLATIVE AUDITOR, REFERENCE TO SUCH RECORD AND LIST SO RECORDED BEING MADE A PART OF THESE MINUTES. THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED AND CARRIED, THE BOARD ADJOURNED AT 4:59 O'CLOCK P►M, ATTEST: CLERK 0