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HomeMy WebLinkAbout5/5/1982Wednesday, May 5, 1982 The Board of County Commissioners of Indian River County, Florida, met in Regular Session at the County Commission Chambers, 1840 25th Street, Vero Beach, Florida, on Wednesday, May 5, 1982, at 8:30 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Alfred Grover Fletcher, Vice Chairman; Dick Bird; Patrick B. Lyons; and William C. Wodtke, Jr. Also present were David L. Greene, Assistant County Administrator;-L.S. "Tommy" Thomas, Intergovernmental Coordinator; Gary Brandenburg, Attorney to the Board of County Commissioners; Jeffrey K. Barton, Finance Director; Dan Fleischman, Bailiff; and Virginia Hargreaves and Janice Caldwell, Deputy Clerks. The Chairman called the meeting to order. Dr. Fred W. McClellan, Pastor of the First Presbyterian Church, gave the invocation, and Assistant Administrator Greene led the Pledge of Allegiance to the Flag. REMOVE FROM AGENDA Chairman Scurlock announced that Item 15-A, concerning the Humane Society Site Plan Appeal, was to be removed from the Agenda, as well'as Item 10 concerning the Kequest by Christopher Ekonomou for resurfacing of 14th Street between 6th Avenue and U.S. #1. On Motion by Commissioner Fletcher, seconded by Commissioner Lyons, the Board unanimously agreed to remove Item 15-A regarding the Humane Society, and Item 10 regarding resurfacing of 14th Street from the Agenda. ADDITIONS TO AGENDA The Chairman asked if there were any additions to the Agenda. Attorney Brandenburg requested adding an item regarding the Sales and Purchase Agreement for Ixora Utilities. 4 8,5 MAY 5 1982 r MAY 51982oo 49, FF 486. On Motion by Commissioner Lyons, seconded by Commissioner Wodtke, the Board unanimously approved the addition of the emergency item concerning Ixora Utilities to the Agenda, as requested by the County Attorney. Attorney Brandenburg requested that Item 14-B, concerning Industrial Development Revenue Bonds, be a time certain item at 11:00 A.M. On Motion by Commissioner Lyons, seconded by Commissioner Wodtke, the Board unanimously approved setting Item 14-B for 11:00 A.M. today. Finance Director Barton requested that a discussion regarding the Budget Workshop be added to -the Agenda. Commissioner Lyons requested adding to the Agenda an item regarding the Jail; and a request for out-of-town travel. On Motion by Commissioner Lyons, seconded by Commissioner Wodtke, the Board unanimously agreed to add the emergency items to the Agenda as requested by Mr. Barton and Commissioner Lyons. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of April 7, 1982. Commissioner Fletcher referred to the Motion on page 5, line 7, and objected to.the word "amendment" as pages 32 and 33 were not amended; the pages were blank. Finance Director Barton explained that they had amended the pages by filling in the information later. On Motion by Commissioner Bird, seconded by Commissioner Fletcher, the Board unanimously approved the Minutes of the Regular Meeting of April 7, 1982, as written. The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of April 14, 1982. Commissioner Lyons referred to page 29, line 27, and suggested deleting "of" and inserting "who has had experience with." On Motion by Commissioner Fletcher, seconded by Commissioner Lyons, the Board unanimously approved the Minutes of the Special Meeting of April 14, 1982, as amended. CLERK TO THE BOARD - Budget Workshop Finance Director Barton requested that the Board set the time when they would like to start the Budget Workshop. He added that the certification of property values would not be available until July 1st. Also, he planned to advertise the budget workshops. Discussion followed regarding the dates and whether or not four days would allow enough time to complete the sessions. Mr. Barton reminded the Board that there was a Board of County Commission meeting on July 21, and suggested having the Budget Workshops on July 19, 20, 22, and 23, 1982. Motion was made by Commissioner Lyons, seconded by Commissioner Bird, that the Board tentatively set the Budget Workshops for July 19, 20, 22, and 23, 1982. Chairman Scurlock briefly discussed the labor negotiations and he assumed that they would be held before, and not concurrent with, the budget sessions. 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. Commissioner Fletcher believed we should have the workshops before we know what we are going to get. Lengthy discussion followed concerning the Constitutional Officers and their budgets. MAY 5 1982 3 BOOK 49 - PAE487 -`, MAY 5 1982 BOOK 49 PAgE489 Finance Director Barton commented that the Constitutional Officers are all putting in an allowance of 120, which will be a pool of money that will be allocated after the salary study is completed. Motion was made by Commissioner Lyons, seconded by Commissioner Fletcher, that the Chairman be authorized to requst that the Constitutional Officers submit their budgets showing no salary increases until such time as a new salary level is indicated, and to do this in the interest of uniformity of budget consideration throughout the County. Mr. Barton pointed out that the Property Appraiser and the Tax Collector send their budgets to the Department of Revenue for approval. Cbmmissioner''Bird wondered if the Constitutional Officers submit their budgets without salary increases and the Board selected a percentage, would they have an opportunity to insert this figure back into their budget, and would the Board have a chance to review their budgets again. Mr. Barton explained that the procedure is very complicated as some of the Constitutional Officers would have lost their right of appeal. He commented that this was a negotiating process between the Constitutional Officers and the Board. Commissioner Lyons suggested that Mr. Barton furnish the Board with the various appeal dates for the Constitutional Officers at the next meeting. The Chairman called for the question. It was voted on and carried unanimously. PROCLAMATION HONORING OLDER AMERICANS On Motion by Commissioner Lyons, seconded by Commissioner Wodtke, the Board unanimously approved a Proclamation honoring Older Americans. P R O C L A M A T I O N ;-q`HEREAS, today's older citizens have molded and nurtured the world in which we live and they will act as a positive force for change in the future by continuing to build bridges between young and old and by helping the community to prepare itself for the future when a still greater percentage of its residents will be older; and WHEREAS, OLDER AMERICANS lead lives of independence, dignity and purpose, and when called upon, cheerfully give of their time, talents and money. Their experience, wisdom and caring are vital to our hopes of rehumanizing the world and correcting its wavering direction; and WHEREAS, the members of. the A.A.R.P. VERO BEACH CHAPTER #1406; AND THE A.A.R.P. SEBASTIAN CHAPTER along with the INDIAN RIVER COUNTY COUNCIL ON AGING are taking part in the affairs of our community and making significant contributions to the well being of our citizens; and WHEREAS, OLDER AMERICANS perform many services as volunteers for various charitable organizations among them being:_. AMBULANCE SQUAD HOSPITAL AUXILIARY RED CROSS MEALS ON WHEELS and WHEREAS, OLDER AMERICANS have held and are holding various public offices, among them being service on the following public boards: CITY COUNCIL COUNTY COMMISSION PARKS, PLANNING & ZONING COMMISSION FINANCE COMMITTEE TRANSPORTATION PLANNING COMMITTEE HOUSING FINA14CE AUTHORITY NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, assembled in regular session this 5th day of May, 1982 that the month of May shall be designated as "OLDER AMERICAN'S MONTH" and BE IT FURTHER PROCLAIMED, That the Board expresses its appreciation to the County's OLDER AMERICANS and most particularly to the members of the A.A.R.P. VERO BEACH CHAPTER and the A.A.R.P. SEBASTIAN CHAPTER and to the INDIAN RIVER COUNTY COUNCIL ON AGING. MAY 51982 BOOK 49 PAE 489 MAY 51982 49 P :c 490 The forego -ng Proclamation was offered by Commissioner Lyons who moved its adoption. The motion was seconded ` COT:MIssione Wodtke and, upon being put to a vote, the vote wa. .s follows: Chairman Don C. Scurlock, Jr., Aye Vice -Chairman A. Grover Fetcher Aye Conr..ssioner Patrick B. Lyons Ave Commissioner William C. Wodtke, Jr., Aye Com.;,issioner Dick Bird Aye The Chairman thereupon declared the Proclamation duly passed .nd adopted this 5th day of kay, I932. BOARD OF COUNTY COMMIISSIONERS OF INDIAN RIVER COUNTY, By��, G :- Don C. Scurlock, Jr. , s �^ A: Grovar Fletcher, Vice-C!x.a�rman By— `t.�..-,�•,,,� rte`/) ✓U-C�-F J Y:W Y od tl" By��� Dick Bird F ed& Wright, Clem c;r'PROVED A.3 iv ZF O R, AND LEGA.:, Si FFICIENCY r iZ 1.l :ia. z ol aim±% Chairman Scurlock then read the Proclamation aloud and presented a copy to representatives of the Indian River County Council on Aging, the A.A.R.P. Vero Beach Chapter, and the A.A.R.P. Sebastian Chapter. TRIBUTE TO MEMORY OF A. RICHARD TODD On Motion by Commissioner Lyons, seconded by Cdmmissioner Wodtke, the Board unanimously adopted Resolution 82-44 honoring A. Richard Todd. Chairman Scurlock read the Resolution honoring A. Richard Todd aloud and then presented it to Mrs. Todd. The Commissioners briefly spoke about what a fine gentleman Mr. Todd was, and that he would be greatly missed. MAY 51982 7 BOOK 49 PASE 4 MAY 5199249� :492 RESOLUTION NO. 82-44 A RESOLUTION OF THE BOARD OF COUNTY 2:OMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, IN MEMORY AND HONOR OF THE LATE A. RICHARD TODD. WHEREAS, the late A. RICHARD TODD passed away on February 28, 1982, leaving behind a rich legacy for all citizens of Vero Beach and Indian River County; and WHEREAS, this unselfish and devoted civic leader shall be forever remembered as the driving force, both physically and financially, behind the establishment and growth of the Indian River County Volunteer Ambulance Squad, an organization which he served as Chairman of the Board of Directors since i,ts inception in 1966; and WHEREAS, the late A. RICHARD TODD can be credited with raising over half of the $890,000.00 initially invested -in the community's beautiful Riverside Theater; and - _ WHEREAS, DICK TODD's interest toward the community and talent as a fund raiser has benefited -numerous other local institutions, including the YMCA and the United Way Campaign; and WHEREAS, it is altogether fitting and proper to take a yew moments to -reconsider the character and achievements of this great individual, and to express the sincere respect and appreciation so well deserved. NOW, ^1HEREFORE, BE IT RESOLVED BY THE BOARD OF COONTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, assembled in regular session this 5th day of May, 1982, that the minutes of this public body shall forever reflect that the late A. RICHARD TODD is hereby honored in memoriam for the many years of benevolence, devotion, leadership, and personal human warmth bestowed upon a single, grateful corununity. The foregoing resolution was offered by Commissioner Patrick B. Lyons who moved its adoption. The motion was seconded by Commissioner Wodtke and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. lye Vice -Chairman A. Grover'Fletcher Aye Commissioner Patrick B. Lyons Aye C0tT,,TisS40ner William C. Wodtke, Jr. nye Commissioner Dick Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this Stn Attest: FRED WRIGHT, Cler APPROVED AS TO FORM, AND LEGS. S71 I EtiCY 1� ,t GA-RY N 'BRANDEN^URG �urvty Attorne day of May , 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY DON C. SCU LOCK, JR. 0, Chairman By ��,IA- A. GROVER FLETCHER Vice airman By S IO NER PATRI B. LYONS By COMMISSIONER. l WILLIAM C. WODTizE,JR. B Y COMMISSIONER DICK BIRD L }- MAY 5 1982 -2- � 9 PA X93 MAY 51982 900K .49 FADE 494 CONSENT AGENDA A. Reports Received and placed on file in the office of the Clerk: Report of Juveniles in Jail - March, 1982. B. Release of Easement -_Stephen Foote The Board reviewed the following memorandum dated April 23, 1982: TO: The Honorable Members of DATE: April 23, 1982 FILE: the Board of County Commissioners SUBJECT: Release of Easement Request by Stephen W. Foote FROM: (D t5d, REFERENCES: David L. Greene Assistant County Administrator DESCRIPTION AND CONDITIONS _The County has been petitioned by Mr. Stephen W. Foote to release the common side lot 5 foot easements of lots 12 and 13, Block D of Oslo Park Subdivision, unit 43. The request has been reviewed by Southern Bell, Florida Power and Light, Florida Cablevision, the Utility and'the Right -of -Way - Departments. The Planning and Zoning staff analysis, which includes a site visit, showed that drainage would be adequately handled by the existing front and rear swales. ALTERNATIVES AND ANALYSIS 1. Alternative Yl would be to release the easements. This would allow.,1.1r. Foote to develop the two adjacent lots as one parcel. The release of the easements*is not anticipated to have any adverse effects. 2. Alternative n2 would be to not release the easement and therefore deny Mr. Foote the opportunity to develop the two adjacent lots. RECOMMENDATIONS AND FUNDING Staff recommends the release of easement as described in Alterna- tive nl. On Motion by Commissioner Lyons, seconded by Commissioner Wodtke, the Board unanimously adopted Resolution 82-45 releasing those common side lot 5 foot easements of Lots 12 and 13, Block D, Oslo Park Subdivision, Unit #3, as requested by Stephen Foote. MAY 5 1982 .49 PASE X95 11 ' MAY 5 1982 49 u,;r 496 RESOLUTION NO. 82-45 WHEREAS, the Board of County Commissioners of Indian River County, Florida, have been requested to release the common side lot line easements of lots 12 and 13, Block D of Oslo Park Subdivision, Unit #3, according to the Plat of same recorded in Plat Book 4, Page 19, of the Public Records of Indian River County, Florida; and* WHEREAS, said lot line easements were dedicated on the Plat of Oslo Park Subdivision for public utility purposes, and WHEREAS, the request for such release of easement has been submitted in proper form; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the follolwing lot line easements in Oslo Park Subdivision shall be released, abandoned and vacated as follows: Those common side lot 5 foot easements1of"lots 12 and 13, Block D, Oslo Park Subdivision, Unit #3, according to the Plat of the same filed in the Office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 4, Page 19. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners and the Clerk of the Circuit Court be and they hereby are authorized and directed to execute a release of said lot line easements hereinabove referred to in form proper for recording and placing in the Public Records of Indian River County, Florida. ,This ' day of 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY; Don C. Scurlock, Jr., Orman Attest: o Fre-da Wright, Cler et ?Approved Jas form g ,Q . C, and 1e3,31 N�� � iej� r B _ 0 1. Brandenburg C I ty Attcrney r- -.rf REL-7:*6:7 O T"HSEF;l;crNT ease of Easement, executed this -5-`h day o May 1982 by the BOARD OF COUNTY COMIMISS.IONERS OF -1:,01TAN R:VER-COUNTY, FLORIDA, a political subdivision of the State of Florida, :first party; Mr. Stephen Foote, whose mailing address is 745 14th .ven;.e, Vero 3jeach, Florida 32960, second party: WITNESSETH: That the said party of the first part for and in consideration of the su-m of One Dollar ($1.00) and other good and valuable consideration in hand paid by the said second party, does hereby remise, release, abandon, and quiz c;.ii.m unto the said second party forever, all the right, title, interest, claim an,: ca: ;and ti -.h i cn the said first party has in and to the following described easement, lying on land situated in the County of Indian River County, State o. Florida, to -brit: T ose coimimon side lot 5 foot easements of lots 12 and 13 on Block D of vslo ?arc Subdivision, Unit 73, as recorded in Plat Book 4, Page 19, puolic records of Indian -River County, Florida TO HAVE AND TO HOLD the same with all and singular the appurtenances nereun;.o belonging or in anywise appertaining and all estate, right, title, ir .�eresc, equity to the only proper use, benefit and behoof of the said second party forever. 1N 14AITNZESS tdHEREOF, the said first party has signed and sealed these presents by the parties so authorized by the law and the day and year first GSove written. BOARD OF COUNTY COMMISSIONERS OF Signed, sealed and INDIAN RIVER COUNTY, FLORIDA delivered in the presence of: Don C. Scur10 K, Jr., ChZJ rrran ClIlrl - Freda Wri ght, C erk MAY 51982.,..__�,....IA �� "': PAGE MAY 51982 STATE OF FLORIDA COUNTY OF INDIAN RIVER wK 49 PAUt -4 I HEREBY CERTIFY that on this day before me an officer duly authorized in the State and County aforesaid to take acknowledgements personally appeared, Don C. Scurlock, Jr., as Chairman of the Board of County Commissioners of Indian River County, a political subdivision of the State of Florida, and FREDA WRIGHT, as Clerk of the Circuit Courtl,� to me�knowQ to be he persons duly authorized by said County to execute the oregoing instrument and they acknowledged before me that they executed the same for and on behalf of the said political subdivision. WITNESS by hand and seal in the County and State last aforesaid t�,is day of 1982. Notary Pub i i �, State of F''; ori d� a t Large My Commissidh Expires: 6 Grin l MILQC STATE C: r ;D:. AT 1 - co"'. M., S 5, rco"..M.,55, ON c:.r;:._; ..:�; (Notary Seal) C. Section 8 Housing Program The Board reviewed the following memorandum dated April 19, 1982: TO: David L. Greene Acting County Administrator Ko ert �,eeleFROM:� Program Manager Section 8 DATE: 4/19/82 FILE: SUBJECT: Requisition for the fourth Quarterly Payment FY 82.of Annual Contributions Contract — Section 8 Existing Housing Rental Assistance Program REFERENCES: It is recommended that the data herein presented b -e given formal consideration by the County Commission. In order to requisition funds quarterly from the U.S. Department of Housing -and Urban Development to., operate our. Section 8 Housing Assistance Program, we are required to sub- mit four (4) executed copies of HUD Form 52663. This is con- sistent with our Annual Contributions Contract entered into on December 30, 1978. The current contract terms expire June 30, _. 1984. I respectfully request the Board of County Commissioners authorize the Chairman to execute the four copies of HUD Form 52663 for the fourth quarterly payment. We have had 640 applicants for the program and are currently giving rental assistance to 109 families. This program has been funded by the U.S. Department of Housing and Urban Development to assist 126 families in the amount of $329,664 for fiscal year 1982. The fiscal year 1982 County -budget allocation is 3b, 432=. Motion was made by Commissioner Wodtke, seconded by Commissioner Bird, that the Board approve the requisition for the fourth quarterly payment FY 82 of the Annual Contributions Contract - Section 8 -Existing Housing Rental Assistance Program. Frank. Zorc, interested citizen, approached the' Board and spoke of the merits of the Section 8 Program. He continued that it assisted at least a dozen residents of St. Francis Manor by subsidizing their rent; he felt it was a great program. The Chairman called for the question. It was voted on and carried with a vote of 4 to 1, with Commissioner Fletcher voting in opposition. W, PAGE490 MAY 5 1982 15 r14Ut5.3266$ - U.S. GEPARTMENI OF H+.PJSING AND UHEi: N' vet.* NT � �� — ►}�}�d� era � AY 5 198ZEOUiSITiON FOR PAATIAL PAYMEFJf' or ANNUAL ';Cl,'11TR1BUTi0NS ; HOUSING ASS',STANCE PP, t STENT i i i.0 3r'ta'.:I --' ti' •�rher N�mL: SECTiON 23 L i S'c� Tif�`' E 4X! Date of Requisition ____411/82 „ Fiscal Yuai t' .ling Do" 91 0%$ ... _ For Ousiter Eftdin(,- _9130/82___.__. T'AND DRF' r)F' 8t t)USING CErtrrr fi„vtrdlny X4, (;,,dr) A-340' - nkian Diver I oar+ J oic �ounty nCatttnlissioners ALC Contract Numbor __ __ 1840 25th St,, Suite S-321, Vero Beach, Fla. 32960 ProjoctNumber `L -29-E132-001 --- - -- --- No. of Months in Fiscal Mbar DEPOSITARY BANK iNm•re..4ddress and Aceou.It Numbr►) Type of Project: The First Bankers of Indian River County Vero Beach, Fla. 32960 Acct. #98-04000-1 X EXISTING �� Ter U [i ItClt/o: e. Nutt by of Units U tiler Leese to Eligible Families vs of Date of Requisition -- _ 1.06 b. Estimated Namber of Units to be under Leese at End of Requested Quartet 126 C. Avtrlatill fllonthly Housing Assistance Payment Per Unitas of Date of Re4u0itiolt 171 _-_ -—_•�—_`�r�=- [:S 17r�!4 ! :. raj �. E =iT 1IAA 11 li Gl1MUt. MLUJINk.0 TOTAL COST ADDI:i(rt,At. I Tail-hL � Cr/f: l �f r� 1 iJt a D["sGr.1PT1oN ff ..r�rx...l INCURRED OF t{, r�t.Ir•,rt u1 t II;(•f:rletrWI,(�'+SI TO UATE HI_01Jl10i.— (1) i',) PRELIMINARY ADMINISTRATIVE EXPENal I 1. Preliminary Administrative Expense-Ptior to ACC (A:'t0 0r,:rn14d/0� _ I n' 0 _.. _ 0 2. Preliminary Administrative Experwo--After ACC (tttr„tnt h)12/ 0 i : _0 3. Total Freliminery Adminirtrative Expense (Lints 1 1 2; 0 0 0 NONEXFENDABLE EQUIPMENT 4. Replacement of Nonexpendable Equipment (AcerHuit 75.10) S. Property Bettennun:s snd Additions (.4rcorinr 7340/ 6. Total Nonexpendublo Equipment (Litres 4 d 3J NOUSINN ASSISTANCE PAYMENTS 3. Houtino Assittaticii Payriientn (Act-oruel 4715) ADMINISTRATIVE FEE 8. Total Administrative Fee Appiavcd for Ftsctl Year 9. Monthly Rate of Administrative Fes (Linc y tlti Ided by number of months in fiscal year) 10. Amount Previously Requisitioned far fiscal year It. Estimated Additions', Amount Required to end of Raquested Quarter 12. Totef Administrative Fee (Lincs 10& i/) 100EPENDENT PUBLIC ACCOUNTANT AUDIT COSTS (Serrian X onli`J 13. Total Independent Public Accountant Audit Custs SECURITY AND UTILITY DEPOS11 S (Set tion 2.? on!; ) -14. Total Alfovsranri Approvad for Security and utility Deposits 15. Amount Previously Requisitioned fur f=iscal Yea 16. Estimated Additions Amount Requituil to End of Requested Uuurter 1). Total Security and Utility Deposits (Lutes 1.; A 16) AMOUNT -OF THIS REQUfS6TION 18. Toad Funds Required to End of Requested Quarter (Linei.f, A, 7, 12. 13d 171 19. Total Partied Payments Received for Fiscal Yaer to Date 20. Partial Payment Requested (Line •1 ti minus Linc 191 I 0 0 + 0 ___4-_0 _ _-- 0 0 0 -- 0 -- - - 329,664 121,746 100,890 222.636 39,327 i _3,277 a' 29,496 6.1059 35.555 2,500 0 t 0 - - -- i I 2 58,191 y 5, 1( E it 1 -Ji'---- )SI 21,41) Ski, TOTAL METHOD OF PAYMENT • INSTALLMt N1 INSTALLMeNl iNSTALU-4k ri I 21. Requesttsd Instailnlmit Payments 20, 860 ` 20,860 20 861 62.581. ___ i CEnTIFY that housing amitmence payments have been or will las mods only with m*e!wt to units which: 11) are under Isa a by families at tha time such hoarier@ aminame parymenu are made except in otherwise provided in the Housing Ataistanrae Peymants Co» trifeb end 12) the Housing Aoeney has within oiw yew paler to the netting of such housing anittence payrnents, edequsately inspected ru ccusrd to be kiwacted (Inciudint iny,•clunn of around., lortllt,r and areae for the benefit and use of the Fomiltw) to assure that dam. care erect sanitiuv housing amomintodetie m we being Prtavated; that all eppl icahie Pru rialataw of that abova numbered Contract hm be*n complistf with by *s Housing Agency; and that this requisition for annual contributions has been t ram 1 crud by "m end to the ban of my krEe Wedge ttnd$e ie tr�ert, ra9meet ttrtfi cam to. + �p� eve 1 ,a . ,N�i RIVER CO !,_.�-- k ° fivanw o Pubb ouaing A ncy' 5/5/82 Land i2r?1 lit' (/Jade) it �9 nature on l e u/ 011lricl.tuthc.rt, tri C'rrblYa HUD FIELD OFFICE APPROVAL / . r (5wnaturt• and Tate is/ Uff tial AatlV ire” REGIONAL ACCOUNTiNG DIVISION pteveiideled by. Il�uret PAYUMIJIr UA1 EFILD CIA -TI AMOUNT FOR PAID CERTIFILQ Fcs14 I fly i MUN1'H OF a'AVR'I.NI i ilntrtnlal 1 t t t 10T f{t �7Lar,r. 4 i'4:.. iht i-.:J'�'. !,t ��}/!__ t/J:,S F a• INDIAN RIVER COUNTY COUNCIL ON AGING Polly Crowell, President, approached the Board and reviewed the following material concerning their need for a. Senior Center: Indian River County Council On Aging, Inc. 955 - 7th AVENUE o P.O. BOX 2102 VERO BEACH, FLORIDA 32960 TELEPHONE 305 - 569-0760 A,_rril 279 1902 BOARD OF DIRECTORS Polly Crowell fir. Doug c3curlock, Chairmma President ' T1C izaa Uver County vemmiSN * Hubert Poole =ero Beach, i{lori da 32960 Vice President John Kirchner Treasurer tear Mr. Scurlock, Tony DiPietro I am attaching an Outline "Presentation for your Secretary and the other Commissioners information, and hope it George Armstrong will be helpful when we appear before you on Tom Buchanan Uednesday, May 5th at 9 A.N. Also enclosed is a Charles Cain list of the Services we provide for our ;'enior Gordon Carlile Citizens. Bernard Cornell Blayne Jennings We would ap_�reciate _"your xp� cing your opin;.on on Rev. Bruce Levine our need for a, Senior Center, anu would also hope for Pat Lyons, Comm. your moral support in helping us make it a reality. Donald E. Nelson iecent figures from thc�-Cham ber 'of Commerce sliow=the Charles Parks - large amount of money coming into this County from Sue Schlitt Social Security and pension payments, and we feel that Arlene Fletcher a large percentage of this money is spent right here Executive Director in our County. The Council on Aging also has figures on the services we render and would be happy to make them ava"i"lable to you if you so desire. dor your information we are op ening our now Thrift Shop on 14th Avenue and look forward to having the money made by the sale of all types of goods in the Thrift Shop meet many of our needs twithout the help of either State or Federal funding. Jo have also just Abut into service a new 12 passenger Dodge van, equipped with a wheelchair lift. The old van had 90,000 miles on which seems to say somethiazg about the miles we travel a:,. -id the people who ride Lin the station :wagons and/or Thaw you for ;,your support - we will surely appreciate it. Sincerely, MAY 51992 17 BOOK, 49- PACE 50 MAY 51982 I OUTLINE PRESENTATION OF INDIAN RIVER COUNCIL ON AGING BOOK 49 Fr,SE 502 Indian River County Council On Aging (I'RCCOA) desires to make a presentation to the Indian River Board of County Commissioners for the purpose of informing them of plans to establish a Senior Center in Indian River County as follows: 1) The need for a Senior Citizen Center' -.facility. 2) The proposed purchase of a building facilty to fulfill the need at a cost of approximately $220,000.00 of which amount there may well be - --available �$200,OO-1.00 in federal funding requiring a cash match contribution of 11% or $22,000.00 . 3) That Federal funding sources feel that Indian River county has not givL6n the much needed moral support and endorsement to the IRCCOA project, let alone financial assistance; that the other four counties under their area of jurisdiction have p.a.rti*ci,p:ated in funding for 4 units in Palm Beach, one each in Martin, - Okeechobee and St. Lucie counties. 4) That IRCCOA is not seeking county funds as it is prepared to make the cash match from its own cash on hand,but it does seek full support and whatever help the commisssion can give in the preparation of the land surrounding the building, accessablility and utilities etc. Respectfully submittted Mrs. Poll `4rowell,President Council 0 ging INDIAN RIVERCOUNTYCOUNCIL ON AGING, INC. SERVICES 1. RESPITE CARE: PURPOSE IS TO RELIEVE PRIMARY CARE—TAKERS OF A FRAIL PERSON! OF THE S T RE":' ,;:iD LE:•:A:;DS ASSOCIATED WITH DAILY CARE. (CONTRACT WORKERS AND VOLUNTEERS) 2. RECREAT:C:i: COORDINATED ACTIVITIES PLANNED BY STAFF AND VOLUNTEERS FOR I•iEALSITE PA;,TICIP :iTS, AND iN THE FUTURE, SENIOR CENTER PARTICIPANTS. SUCH HOBBIES AS ARTS CR AFT.S , BRIDGE, EXERCISE AND MUSIC ARE ENJOYED. (VOLUNTEERS) 3. TRA':SPORTATION AND ESCORT: REGULARLY SCHEDULED BUSES OPERATE THROUGHOUT THE COUNTY FCR GROCERY SHOPPING AND ERRANDS. EACH SECTION OF THE COUNTY HAS A REGULAR DAY AND AN ALTERNATE Dal' ON WHICH THEY MAY MAKE RESERVATIONS TO RIDE THE BUS. ESCORT TO IEDICAL FACILITIES IS ACCOi:PLISHED IN A WHEEL—CHAIR EQUIPPED VAN AND BY A.:TO::OBILE. CLIENTS CALL THE COA OFFICE WHEN THEY KNOW OF NEW APPOINTMENTS AND ARFAIIGE;:1TS FOR PICK—UP ARE MADE ACCORDINGLY. (STAFF AND VOLUNTEERS) — 4. TELEPHO::E REASSURAIJCE: HOME BOUND CLIENTS, OR CLIENTS LIVING ALONE, RECEIVE A MORNING CALL EACH DAY FROM' A VOLUNTEER CALLER TO ENSURE THEIR WELL—BEING. IF THE CLIENT DOES i:GT A?JS::Eft THE TELEPHONE, THE VOLUNTEER NOTIFIES THE COA AND EMERGEidCY PROCEDURES GO INTO EFFECT. (VOLUNTEERS) 5. CHORES AND HOI,IEMAK.ING: ASSISTANCE PROVIDED WITH ROUTINE HOUSEHOLD CHORES SUCH AS BED-CHAIJGING, DISHWASHING, LAUNDRY, GENERAL CLEANING AND GROCERY SHOPPING FOR THOSE UIJABLE TO GET OUT. ALSO, LIGHT MEAL PREPARATION AND YARD CHORES. (CONTRACT WORKERS) 6. PERSO:JAL CARE: THIS SERVICE IS PROVIDED FOR THOSE CLIENTS WHO ARE U'i•JABLE TO MAINTAIN BODY HYGIENE. BATHS, SHAi.FOOS, NAIL TRIMS ETC. (CONTRACT WORKERS) 7. irEALS Oil WHEELS: PROVIDES A DAILY NUTRITIONAL MEAL TO THE HOMEBOUND SENJIOR WHO IS UNABLE TO PREPARE PROPER MEALS OR HAS NO ONE TO DO THIS FOR HIi•i. SEVEN) DAY SERVICE IS AVAILABLE UPOII REQUEST. THIS SERVICE IS SUPPORTED 100% BY DOIVIATIONS AliD VOLUI TEERS. CURRENTLY, COA HAS APPROXIMATELY 40 VOLUNTEERS ON CALL FOR ASSISTANCE IN ESCOi,TING, CHORE WORK, MEALS ON WHEELS,AND TELEPIIO:�E REASSURANCE. MANY xORE ARE NEEDED FOR RESPITE, RECREATION), EDUCATION AND LEGAL. MAY 51982 19rtr49 X50 MAY 5 1982 wi 40 PAs€ 504 Ms. Crowell spoke briefly about the needs of the Council on Aging and noted that they were not asking the County for funds, merely their help in preparation of the road leading to the building they are proposing to purchase. The road is in need of maintenance in order for the senior citizens to have access to the building. Commissioner Lyons interjected that he was very impressed with the Council on Aging; he recently became a member of their Board. George Armstrong, on the Board of Directors of the Council on Aging, approached the Board. He commented that the government agency responsible for the five -county area in Florida had felt that the Indian River County governing bodies -'have not dtLpporte-d the Council on Aging's efforts recently. Their request is not for funds, as Ms. Crowell pointed out, he continued. Mr. Armstrong explained that the property they plan to purchase for $200,000 with contingencies is owned by Chris Ekonomou and is located at 14th and 15th Streets, west of 6th Avenue and east of U. S. #1. He then discussed the 35' right-of-way that the owners of Lot 11 had deeded to the County, and the drainage ditch. Mr. Armstrong stressed that they had no desire to see the road improved from Lot 11 north to U. S. #1. He then requested the County to improve that road, make it serviceable, and preferably pave it. Mr. Armstrong noted that if they were to succeed in getting the $200,000 of funds available, their commitments must be accomplished within the month of May. He advised that proper zoning had been granted to the present owner, Chris Ekonomou. The Chairman inquired if the County had enough right-of-way to construct a road. Engineer Jim Davis referred to a map and explained that the County presently had a 35' right-of-way dedicated -westward to the site in question. He added that site plans were approved to acquire the 35' south of that right-of-way but it appeared that the construction was dormant. Mr. Davis advised that land in this area was changing hands all. the time, but they do want to initiate a request to the present owner of the land to deed that 35' road right-of-way to the County. Mr. Davis commented that 70' would be enough right-of-way to construct a road. Lengthy discussion ensued. Commissioner Bird inquired if it would satisfy the needs of the Council on Aging if the County would commit to them the need for a Senior Center, and that by the time they would be ready to purchase and occupy the building, the County would provide access from 6th Avenue to the property. He added that the County could either provide a temporary road to be constructed on the 35' right-of-way, or to obtain `- the additional 35' right-of-way. Commissioner Bird noted that the Board would have to address whether this could occur by using the petition paving program at the time they acquired the 351, or if it would be by some other means. At least for the purposes of the Council on Aging, Commissioner Bird added, they would be assured of having access to their property. Mr. Armstrong reviewed their time schedule. He reported they were targeting for July lst to acquire the property with the government funds and their own funds, and could possibly move in by September 1, or October 1, 1982. Engineer Davis pointed out that the County does not have the right-of-way west of Lot 12 and physically, they would have to move some mailboxes out of the way and move some driveway culverts, but it could be done. Commissioner Wodtke suggested fixing up the road with the understanding that' when the County does get the right-of-way, then could then engineer something at that time. MAY 51992 21 f �;gig 9 PQ E 5 5 MAY 51982 acoK, 49 56 Mr. Armstrong suggested, if possible, the Board could improve the road and make it useable for senior citizens to drive over safely, and with the acquisition of the future property, then the County could improve the street properly. Motion was made by Commissioner Lyons, seconded by Commissioner Wodtke, that the County assist the Council on Aging in getting the property owner on the south side of 14th Street, from a position opposite the entrance to the proposed Senior Center, to dedicate the necessary right-of-way to the County, so that the County could legally maintain 14th Street between the entrance to the proposed Senior Center and 6th Avenue. Commissioner Lyons noted that his Motion was just to maintain the road;ithey have other places in the County that may have the same kinds of problems. He added if the County helped the Council on Aging to get the property owner to deed the right-of-way to the County, then the County could legally maintain the road. In other words, Commissioner Lyons pointed out that the County was working with the Council on Aging to obtain a County maintained road. Mr. Armstrong stated that the Motion would be helpful to them so that they could go to the federal authorities advising them that the County would provide them with good access to the subject property as soon as additional right-of-way was acquired by the County. A gentleman, who resides at Southgate Village located near the property under discussion, approached the Board. As President of the Southgate Village Association, he asked the Board to pave the road from U.S. #1 all the way to 6th Avenue. He advised that the Association would be glad to give the County the 25' right-of-way they would need, and they planned to remove their fence located on 14th Street. Commissioner Bird commented that the Engineering Department could contact the abutting prc.perty o,vners on this road and point out the various aspects of the petition paving program to them. Frank Zorc, interested citizen, stated that he was 1000. in favor of a senior center in the community, but he felt he must point out a few things. He had been told repeatedly that the Council on Aging had never decided to purchase the building in question. Also, he felt the Board was treading on inconsistencies as he had seen developers turned down for the same request for improvements. Chairman Scurlock pointed out that they were talking about improvements if the County could obtain sufficient right-of-way. Mr. Zorc continued that when there was a site plan up for approval recently in 1981, he asked if the right-of-way was there, and the County stated that they had a full 50' l right-of-way, and now they do not .have it. He felt the County does not have the normal required right-of-way and he felt it was an improper approval. Mr. Zorc commented that the County was getting involved in maintaining a substandard road. Engineer Davis explained the misunderstanding. After approval of the site plan, they had no way of knowing that the project would not go through. He advised that the Planning Department had been consistent in that any development on that tract of land would have the right-of-way dedicated. Conversation ensued along those lines. Chris Ekonomou approached the Board and stated that he would be willing to put a 6" rock base from the property in question to the street, and it would be built to the County standards. The Chairman called for the question. It was voted on and carried unanimously. MAY 5 1982 23 :i 4911 "ME 50a SACK 49 FBF MAY 5198 Mr. Zorc advised that he was trustee of property on that street and he would not make any sincere effort to contact the interested parties until he knew for certain that the Council on Aging would purchase the building. Pair. Armstrong interjected that he was on the Building Committee and the matter of the purchase was in the hands of Attorney Quinn at the present time. Tom Buchanan, of the Council on Aging, stated that the president had never heard from Mr. Zorc on the matter, and felt that he should direct his questions to the president. A brief dispute arose about Mr. Zorc asking for minutes of a Council on Aging meeting before they were approved. Motion was made by Commissioner Lyons, that the Board adopt Resolution 82-46 indicating that the Board was fully in accord with the aims and purposes of the Council on Aging, and that they fully support the placing of the Senior Center in this County. Commissioner Wodtke seconded the Motion, and noted that it be considered that the Council on Aging has not asked for local money, and that they be commended for their efforts. The Chairman called for the question. It was voted on and carried unanimously. Resolution 82-46 will be made a part of the Minutes when received. Motion was made by Commissioner Lyons, seconded by Commissioner Wodtke, that staff be directed to prepare a proposed road plan on the remaining portion on 14th Street west to 8th Avenue, indicating the rights-of-way the County should obtain from the adjoining property owners. Discussion followed about the draining and paving situation at that location, and it was determined that the County should strive for an aggressive program for surfacing streets. The Chairman called for the question. It was vc�<_:�.., and c. --Tied unanimousJv% SCENIC ROADS & TRAIL COMMITTEE - PRELIMINARY REPORT Ruth Stanbridge came before the Board and reviewed the following material concerning Jungle Trail: PRELIMINARY REPORT SCENIC ROADS AND TRAILS COMMITTEE JUNGLE TRAIL The Jungle Trail Committee met officially on March 18th and on April Sth. I have prepared a short summary of each -.of these meetings. Mr. Chris Paull, assistant county attorney, met with our committee at our first meeting and discussion centered around the legal questions on the maintenance map, land ownerships, possible legal authority by county to bulkhead on private property, the need for various signs from speed signs to litter signs, etc. (see attachment). Since that meeting, we have contacted and received from the Division of Archives, History and Records a print-out of historical and prehistorical data for Jungle Trail. We have contacted the Florida Inland Navigation District concerning "Please No Wake" and "Scenic Area" signs and county staff is now corresponding with the U.S. Coast Guard concerning submitting_ application to erect said signs outside but near the channel in the vicinity of the most damaging erosion areas. We have received a preliminary biological assessment from Mrs. Ellie Van'Os, awformer biologist with the local office of the U.S. Fish and Wildlife Service off ice, on the erosion problems and suggested ways to combat them. Mr. Mike Orr of the county staff was contacted concerning posted speed limits and I believe that matter was approved at the last meeting. The Public Works Department also prepared an off icial*county sign which we -hope can be erected in the very near future. Another aspect and positive a�-proach t&' -the preservafidn. of Jungle Trail and something entirely separate from the Ad Hoc Committee has been the organization of a non-profit group called the Jungle Trail Preservation League, Inc. The Articles of Incorporation have been prepared, signed and on the way to Tallahassee. This Preservation League's purpose is "..to preserve the integrity of the scenic, historic road known as Jungle Trail and its environs." Each of the committee members has undertaken a specific task to further our research on Jungle Trail (memorandum April 22, 1982). At our April 8th meeting, after input from staff and much discussion, it was decided that County Commission"appr0Ail`w;as necessary if the Jungle Trail Committee was to proceed further. (See attachment) I am here today, as Chairman of that Committee, to ask you to consider these specific items. 1. Revalidation of the maintenance map for Jungle Trail. 2. Authorization for the Planning Department to build a unified data base map of the Jungle Trail area. We feel with these things accomplished, our Committee can provide this Commission with reasonable, precise and valuable recommendations for the preservation of Jungle Trail. MAY 51982 25 5,,wc,49pk4r509 . C=) CZ qqK o CD °L 'Co: FROM: SUBJECT: DATE: ITEM NUIBER David L. Greene Assistant County Attorney -' Dennis RagsdaleLLJ UStaff Planner FIRST MEETING OF THE SCENIC ROADS AND TRAILS COMMITTEE - MARGII 18, 1982 March 18, 1982 MOTION ' ACTION TAKEN . 1 Ask County Commission to obtain•'legal opinion on extent and limits Unanimously Approved of ownership along Jungle Trail. 2 Ask County Commission to: A) Determine legal procedures for estab- lishment of scenic easements along Jungle Trail; B) Determine feasi- bility of establishing minimum setbacks along Jungle Trail through a resolution; C) Determine the feasibility of creating -an open space zoning district along Jungle Trail. 3 Ask County jCommission.to establish the procedure to be••followed to allow the County to for " act asragent all o:mers in obtaining permits for stabilization and protection of the river bank. 4 Ask County Commission to determine what legal authority the County " would have to bulkhead on private property, using -public funds. 5 To place new "Jungle Trail - Scenic Road - Slow Moving Vehicles" signs " at the beginning of SR 510 and on Winter Beach Road at Jungle Trail. 6 To formally request liter signs be placed all along Jungle Trail, warning " travelers of fines for littering along the roadway. 7 That the speed limt be changed from 35 MPH to 25 MPH along Jungle TrailCO " O7 and to ask the County Commission to place these signs in adequate numbers %_ along the road. V 8 To place "Historic Area - Please No Wake" signs up in the Intercoastal " Waterway, outside the channel to eliminate boats from speeding by. 1 1 1 LI TO: David L. Greene Assistant County Attorney FROM: Dennis Ragsdale C110 Staff Planner • A SUBJECT: SECOND MEETING OF THE SCENIC ROADS AND TRAILS COMMITTEE - APRIL 8,.1982 DATE: April 8, 1982 ITEM NUMBER MOTION ACTION TAKEN 1 Ask County Commission to revalidate the maintenance map and Unanimously Approved authorize the Planning Department to put..,together a unified data base map. N 00 cn Lf� r - CN M i MAY 51982 am . 49 PAGE 5�.2 April 22, 1982 MEMORANDUM TO: Members, Jungle Trail Committee FROM: Ruth Stanbridge, Chairman SUBJECT: Outline for completion of INTENDED PURPOSES AND GOALS in Resolution #82-36 By Resolution X182-36, the County Commission pointed out areas of concern in which they felt our committee should examine and recommend viable ways for the use, maintenance and improvement of Scenic and Historic Jungle Trail. At our first official meeting, we discussed these items (a) through (j) and their relationship to a Phase I and a Phase II. It is obvious that in order for us to complete Phase I recommendations and proceed with studying for Phase II, we must have the revalidation of the maintenance map.and a�unified data base.map. , The Jungle Trail Committee is scheduled a0ES5= on the May 5th agenda to request the County Commission to consider these two items. I plan to give a short summary of our first two official meetings and the specific duties that each member (attached memo) is undertaking. I feel sure that with these two items accomplished by the county staff, our committee will be able to provide reasonable, precise and valuable recommendations to the County Commission later this summer to preserve Jungle Trail. /rs f� Phase I: (a) The optimal physical limits of the trail, balancing the various competing interests involved. (b) Determination of areas to be subject to road maintenance, if any. - (c) Determination of areas to be subject,to road improvements, if any. Phase II: (d) Plans for protecting those portions of the trail adjacent to the river. (e) Plans for improvements on County owned property adjacent to the trail. (f) Methods of financing any of . the above proposed improvement's. (g) Methods of State or Federal protection that might be . available for Jungle Trail. (h) Determination of appropriate marking of the area. (i) Desired rules and regulations governing use of the trail area. (j) Any other recommendation necessary and consistent for implementation of the foregoing. MAY 51982 BOOK 9 PASE513 �i J _ . . MAY 5 198Z- 49 FiiFe�� April 22, 1982 Memorandum To: Jungle Trail Committee From: Ruth Stanbridge, Chairman Subject: Specific Duties Our request on May 5th to the County, if accepted, can clear up a multitude of legal problems and supply sufficient data for us to proceed, I am assigning each of you a specific area to work on. Jeannettee will be working with the Planning and Zoning on an Ordinance for Jungle Trail. Ann will be collecting historic 1'*"data to be used -in Phase'II both on the local and state level. Harry will working with Planning and Zoning on ownerships along the Trail. John will be working on the past surveys and/or commission action concerning the Trail (Orchid Road). He is also working on the Jungle Trail Preservation League. I will be investigating with both state and Federal environmental agencies and the county engineer on a feasible plan for shoreline erosion control. /rs MAY s `; E:.`:0%A:, D UNI T0: Ruth Stanbridge March 22, 1982 FROM: Ellie Van Os SUBJECT: Jungle Trail Biological Assessment (Erosion) -Jungle Trail extends along the east side of a portion of the Indian River on the barrier island in Indian River County, Florida. The particular stretch under consideration is that between S.R. 510 and Winter Beach Road, approximately two and one-half miles long. An on-site investigation of erosion problems along the trail was made February 20, 1982. In addition to relatively minor erosion in front of private riverfront property adjacent to the trail, there are currently two severely eroded sections of the road bed itself that are being threatened. The first section is located approximately two thousand feet south of the S.R. 510 intersection where the first view of the river can be seen from the trail. The condition continues for roughly one thousand feet along the river's edge. The second section `i§ approximately one-tenth of a mile north of the Jungle Trail/Winter Beach k6ad junction, again, because of a lack of shoreline vegetation, the river can be clearly seen from the trail. It is likely that the causes for this eroision are closely related to the position of the sections both along the river and along the trail. The entire length of the Jungle Trail section being considered is immediately adjacent to the Intracoastal Waterway. There is no shelter from boat wakes by either natural or spoil islands. Also, it is apparent that both locations, providing the first view of the river from either end of the trail, are being used as recreational access points to the river. Unauthorized roadside parking and the trampling of paths to and from the river have taken their toll on nature's defense of the shoreline, the stabilizing vegetation. The problem at the north end of the trail is complicated by the fact that it is on the outside corner of a turn in the Intracoastal Waterway which tends to accent the height of boat wakes on the trail side and thus their erosive properties. The Intracoastal is also very close to the shoreline at this point, adding to the already steep offshore slope causing any waves including boat wakes and wind -driven waves to break right at the shoreline. Also, because of the offshore drop and the lack of shoreline vegetation, people use this spot to launch small boats, reducing the chances of any colonizing vegetation to survive. Recommendations to stabilize the shoreline along this curve should include several approaches, each one of which will depend on the implementation of the others for success. A permanent, well -marked, vertical breakwater should be constructed as far offshore as possible in order to diminish the strength of boat wakes. Behind the breakwater, a well-planned planting program along the length of the damaged shoreline shou d begin 5 1982 FOSE Ps:K 9 '�5' J 49 ppa-5m MAY - 5 1992 as soon as possible. For example, Distichlis sp. a salt tolerant yet mowable grass would do much to stabilize the shoulder of the road while Spartina alterniflora plugs interspersed with red mangrove seedlings in the intertidal zone would slowly develop the root system needed along the shoreline to not only absorb wave energy but trap sediments to rebuild it. Currently speed limit restrictions along the Intracoastal -Waterway can only be posted if boating safety is involved';' In this case an appeal by the County Commission to the Florida State Department of Natural Resources based on the severity of the curve might be enough to obtain "no wake" speed restrictions through this area, at the same time further--protecting the--shorelines. Finally, either through fences or extensive landscaping, the current unauthorized public use of the spot for boating access should be stopped. It if is not, both the practice of parking on roadside vegetation and the.trampling of shoreline vegetation will render the planting program unsuccessful. On the south end of the trail, the second worst eroded section, another erosion control breakwater might be the best answer. In this case however there are a number of conditions that can make the solution of the problem, much easier. The offshore slope is gentler and the Intracoastal Waterway further offshore. This eliminates the need for a vertical, breakwater and makes the possibility of a rip -rap breakwater along with a planting program on shore much more feasible. This breakwater would serve best if constructed intertidal�y and sufficiently offshore, generally at least twenty feet, to ensuretf'iat washout from'breaking` waves would not destroy the complimentary planting program on shore. However it is very important that sampling be conducted offshore so that the placement of any such rip -rap does not destroy a healthy seagrass bed or natural oyster bar. Both of these habitats besides being excellent fisheries habitat, serve to diminish wave energies to a certain extent as well. The planting program along the shoreline should be similar to that on the north end of the trail with Distichlis sp. or another salt - tolerant species stabilizing the shoulder of the road and Spartina alteniflora plugs and mangrove seedlings planted in the intertidal zone. Again, public use of this shoreline in order to gain boating access to the river should be strongly discouraged. The county should pursue development of any possible access points along the southern end of the trail to satisfy what is an apparent need for public access in this area. In summary, the severe erosion poblems along Jungle Trail can only be solved if biological, recreational and structural efforts are carried out as complimentary programs. In the areas where erosion is minor but continues to be a problem, planting programs alone should be enough to establish healthy shoreline vegetation again. EVO/ r s Engineer Jim Davis displayed the new sign to be placed in the area which reads: "Scenic Road, Slow Moving Vehicles." Mrs. Stanbridge then requested the Board to consider revalidation of the maintenance map for Jungle Trail, and authorization for the Planning Department to build a unified data base map of the Jungle Trail area. Motion was made by Commissioner Lyons, seconded by Commissioner Bird, that the County staff be authorized to revalidate the maintenance map for Jungle Trail. Mr. Davis explained that they do not have the capability to do this work in-house at the present time. In the meantime, the base line could be reestablished by a surveyor; he did not think the expense would be too great and could be handled under budget. The Chairman called for the question. It was voted on and carried unanimously. Commissioner Fletcher suggested that Rex Hailey, of the Sanitary Landfill, be contacted so that he could communicate with the haulers of clean rubble at the Landfill. He continued that when the County needs to perform erosion control, the Road & Bridge Department could go to the Landfill, load up the clean rubble, and take it to the area for erosion control. Commissioner Lyons felt this was a good suggestion. On Motion made by Commissioner Lyons, seconded by Commissioner Bird, the Board unanimously authorized that the Planning Department be authorized to accumulate a unified data base map for the Jungle Trail area. MAY 51982 33 f'`►Gfi 49 PSE 517 MAY 51982 INDIAN RIVER COUNTY LIBRARY ADVISORY BOARD 890k 49 Motion was made by Commissioner Lyons, seconded by Commissioner Bird, that the Board adopt Resolution 82-47 providing for the establishment and operation of the Indian River County Library Advisory Board. Discussion ensued regarding "free" services, and the advantages of having such an Advisory Board. Commissioner Lyons referred to Page 3, Item IV, of the proposed resolution, and suggested adding "each January" after the word "annually." After some discussion, the Board agreed to remove the word "free" on Page 1, and that the Advisory Board could adopt by-laws for conducting their own meetings or business. Chairman Lyons amended his Motion to remove the word "free" on Page 1, and add "each January" after "annually" in Item IV. Commissioner Bird amended his second. The Chairman called for the question. It was voted on and carried unanimously. Chairman Scurlock appointed Mary Louise Scheidt, who lives in his District, to the Library Advisory Board. Commissioner Lyons then appointed Dr. Dorothy Saunders. Commissioner Fletcher stated that his appointment was Georgia Lou Allen, P. O. Box 248, Roseland, Florida. He also confirmed Ramona Widman as the City of Sebastian appointee. Commissioner Bird advised that his appointment was Thomas Nason. Commissioner Wodtke commented that he did not have his appointment at the present time. The Board then designated the above mentioned name's as their appointments to the Library Advisory Board. Commissioner Lyons advised that he would arrange to turn over to the Liurary Advisory Board various data that h ':ad accumulated. RESOLUTION NO. 82-47 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE ESTABLISHMENT AND OPERATION OF THE INDIAN RIVER COUNTY LIBRARY ADVISORY BOARD. WHEREAS, the continuing growth of population in Indian River County creates an increasing demand for community services such as that provided by a public library system; and WHEREAS, public library services are currently available to County residents through two independent, non- profit library associations, and, therefore, are largely dependent upon the continuing benevolence of supporters, one of which has been Indian River County; and WHEREAS, the need for efficient optimal use of the limited dollars and resources available highlights the need for organization of a single county -wide library unit, with services equally available to citizens in all regions of the County; and WHEREAS, an advisory body comprised of representatives from each commission district and each of the existing library associations will provide a valuable source for input and consen- sus direction to the Board of County Commissioners with respect to the organization and administration of a County library unit; and WHEREAS, the ultimate establishment of a library unit within the County which provides accountability and central management of resources best meets the spirit and intent of Florida Statutes, Chapter 257, and rules promulgated thereunder by the State Division of Library Services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the foregoing recitals are hereby ratified and adopted, and be it further resolved that: I. ESTABLISHMENT; PURPOSE There is hereby established the Indian River County Library Advisory Board, to be comprised of seven (7) individuals as set forth below, for the purpose of advising the Board of County Commissioners with respect to increasing the quality, variety, and availability of public library services and ser - MAY 51982 -1- ° J MAY 51982 vices ancillary thereto. II. MEMBERS OF THE BOARD; APPOINTMENT; REPLACEMENT took 49/ i r The Board shall consist of seven members; five of whom shall be appointed one each from the five County Commission Districts, by the respective District Commissioner; one member appointed by the governing body of the Indian River County Library Association, Inc.; and one member appointed by the governing body of the Sebastian River Library Association, Inc. Each member shall have an equal vote on.all advisory board matters requiring a vote. Each member shall serve at the pleasure of the appointing Commissioner, or the respective library association governing body, as the case may be, for a term to be defined by the appointing authority, which term shall not exceed four years. This provision shall not be construed to prohibit any member -from being reappointed to successive four year terms. Vacancies occurring on the board during any defined term shall be filled for the remainder of the term by appointment of a replacement made by the original appointing authority. III. OBJECTIVES AND DUTIES The library advisory board shall meet from time to time, no less than once every sixty (60) days, or as specifically requested by the Board of County Commissioners, to pursue the following objectives and duties: A. Formulate and recommend to the Board of County Commissioners proposed terms of an agreement to be entered into between the County and all participating libraries, which agree- ment shall serve as a charter or governing document for the organizational development, funding, and administration of a county -wide library unit. Among other things, said agreement should specifically provide for and describe standards of perfor- mance to be met by participating libraries as a prerequisite to the receipt of public dollar appropriations. B. Review at least annually the operating budgets of all participating libraries, based upon any performance standards established by the agreement referred to in Paragraph A above, in -2- f relation to the area being serviced, for the specific purpose o_f making recommendations to the Board of County Commissioners on annual funding levels to each participating library. C. Evaluate the adequacy and ability of exising library facilities to satisfy the demand for library services, for the purpose of making recommendations to the Board of County Commissioners on extending or expanding library service facili- ties, whether by capital improvement, additional funding to exist- ing participating libraries, or some other feasible means. D. Evaluate and critique from time to time the overall organization or system which provides library services, for the purpose of recommending to the Board of County Commissioners alternatives or improvements in the system. By this provision, it is intended that the advisory board shall evaluate their own per- formance, together with the propriety and effectiveness of the advisory board --County Commission --participating library arrange- ment envisioned by this resolution. E. Throughout the pursuit of the preceding objectives and duties, the advisory board shall strive to encourage and foster inter -library cooperation, recognizing the inherent independence which may presently exist between existing library associations. IV. CHAIRPERSON AND VICE-CHAI PERSON f At its first meeting, and annually each January there- after, the advisory board shall elect from its own membership a chairperson and vice -chairperson who shall assume the duties customary to those offices. The chairperson may appoint other officers and such committees as deemed necessary from time to time, provided that at least one advisory board member shall serve on any such committee established. V. MEETINGS; RECOMMENDATIONS Meetings of the advisory board shall be conducted in open public session in accordance with applicable Sunshine Law provisions. Meetings shall be conducted on an informal basis, but in accord with reasonable parliamentary procedure. The advisory board may establish and adopt rules of order or by-laws as it deems necessary. A quorum shall consist of any four members of MAY 51982 -3- Box .. 49 PnE5211_1_ MAY 51982 890k the advisory board, provided the chairperson or vice -chairperson is present. There shall be no voting or attendance by proxy. Minutes shall be kept. Formal recommendations to the Board of County Commissioners shall be adopted by motion, second, and majority vote of those members present at any duly constituted meeting, and shall be presented in writing to the Board of County Commissioners upon any regularly scheduled agenda. VI. MODIFICATIONS; DISSOLUTION Any word, sentence, or provision of this resolution may be modified or repealed, or the entire library advisory board may be dissolved, upon motion of the Board of County Commissioners. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. - Aye Vice -Chairman A. Grover Fletcher - Aye Commissioner Patrick B. Lyons - Aye Commissioner William C. Wodtke, Jr. - Aye Commissioner Dick Bird - Aye The Chairman thereupon'declared the resolution duly - passed and adopted this 5th day of May, 1982. Attest: FREDA WRIGHT, Cle APPROVED 0 FO AND LEGA FFI N By G M BRAN ENBURG Ira o nt Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By c DON C. SCURLOCK, JR. 61/ Chairman -4- GENERAL DEVELOPMENT UTILITIES, INC. - REVENUE BONDS The Board reviewed the following memorandum dated April 28, 1982 from the County Attorney: TO: Board of DATE: April 28, 1982 FILE: County Commissioners Resolution Authorizing the Execution and Delivery by the Board of County Commissioners of a Letter of Intent and SUBJECT: Inducement. to General Development Utilities, Inc. with Respect to the Issuance of $4,024,000 of Industrial Development Revenue Bonds for the Purpose of Establishing a FROM: Gary M. Brandenburg Sewerage System REFERENCES: County Attorney On December lo, 1981, representatives of General Development Corporation appeared before the Board of County Commissioners and indicated their desire to construct a water and sewerage system with the proceeds of an Industrial Development Revenue Bond Issue._ During this meeting, the County Commission approved a new applica- tion Form. Subsequently, the corporation submitted a formal appli- cation (See,.memorandum Brandenburg to BCC, February 25, 1982). This application was submitted to the County Commission during their meeting of March 3, 1982. During the March 3rd meeting, the County Commission had several questions. The County requested the Company to supply information regarding the earmarking of bond funds and any information avail- able on the effect on the customer rate structure of financing the. project under this method (Memo Fancher to Brandenburg 4/2/82). The Commission also approved retaining Judson Freeman, Jr. as special counsel and requested the County Attorney to prepare the necessary Inducement Resolution and Memorandum of Agreement to place the County in a position to move ahead on the request should the Commission be favorably inclined to proceed with the financing. Attached to this memorandum is an Inducement Resolution and Letter of Inducement prepared by Patricia Wheeler of Livermore, Klein & Lott, P.A. which has been reviewed by Judson Freeman, Jr. (See letter Freeman to Brandenburg 4/14/82) and this office. I recognize that differing aspects of the resolution and letter are of a varying degree of interest to each individual Commissioner; however, I found the following aspects significant; Adoption of the resolution requires the County Commission to make the following findings: 1. That the location of the project in the County shall make a significant contribution to the economic growth of the area and shall provide gainful employment and serve a public purpose public health Florida. by advancing the economic prosperity, the and the general welfare of the State of MAY 5 1982 39 nsrf B F }2 MAY 5 1992 2. That the County has examined the financial strength of the borrower as demonstrated by evidence which has been submitted by the borrower and that the borrower's capabilities financial and otherwise are sufficient to be consistent with the purposes of the statute under which the bonds are issued and is fully capable and willing to fulfill its obligations under the proposed loan agreement or installment sales agreement to operate, repair and maintain at its own expense the project as well as meeting the responsibilities imposed upon it by the loan agreement. 3. That the issuer is capable of meeting the impacts of the project with all necessary public facilities, utilities and services that will be necessary for the construction, operation, repair and maintenance of the project and that may result on account of any increase in population or other circumstances resulting by reason of the location of the project. 4. That the issuance of bonds to assist the borrower will serve a public purpose by advancing the economic prosperity, the public health and general welfare of the State of Florida. 5. If the County_Commiss-ion adopts the attachments, the issuer shall keep the'commitment to issue open anfl outstanding for a "reasonable" time so long as borrower is proceeding with an appropriate effort to bring the project to a conclusion; however, if bonds are not delivered to purchasers by 12/31/82, then the terms of the letter and acceptance thereof is deemed canceled. Respe ull s ted, . ra denb rg A. Attorn Commissioner Bird asked the Attorney if he felt that to utilize revenue bonds for this type purpose met with paragraph 1 in his memorandum. The Attorney affirmed that revenue bonds can be issued for this purpose. The Board discussed the various items in the Attorney's memorandum at great length. Commissioner Bird inquired if the County had any kind of a financial cap to the amount of revenue bonds that it can accumulatively have. The.Attorney responded that there was no cap in the dollar amount of revenue bonds that the County could issue as long as each one of them met the requirements of the law. The Attorney continued that the County was not pledging any tax money; the Board would be pledging the good name of Indian River County. Motion was made by Commissioner Wodtke, seconded by Commissioner Bird, that the Board adopt Resolution 82-48 authorizing the execution and delivery by the Board of a Letter of Intent and Inducement Agreement to General Development Utilities, Inc., with respect to the issuance of Revenue Bonds to finance said company's industrial facilities for the furnishing of sewerage services. William Koolage, interested citizen, inquired if the Finance Advisory Committee looked at this project. Chairman Scurlock advised that they would be having their first meeting next Thursday. Mr. Koolage felt this was one project that the Finance Advisory Committee should study and advise the Board. He wondered if this could be delayed until they met. Chairman Scurlock stated that he had looked at it, as well as the others on the existing committee, namely, Mr. Barton and Mr. Thomas. He felt a delay would be unreasonable. .In the future, the'Chairman continued, this would be the type of thing the Finance Advisory Committee would study. Commissioner Lyons interjected that he would not like to see it delayed. The spokesman from General Development Utilities, Inc. commented that he would like to see the Board take some action on the matter. 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. MAY 5 1982 41 BQDN 49 PASE 525 I MAY 51982 RESOLUTION NO. 82-48 P009 F sF A RESOLUTION AUTHORIZING THE EXECUTION AND DELIVERY BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLOr,�IDA, OF A LETTER OF INTENT AND INDUCEMENT 1-.GF.EEMENT TO GENERAL DEVELOPMENT UTILITIES, INC., WITH RESPECT TO THE ISSUANCE OF REVENUE -BONDS TO FINANCE SAID COMPANY'S INDUSTRIAL FACILITIES FOR THE FURNrSEHNG•• OF SEWERAGE SERVICES. BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY AS FOLLOWS: Section 1. AUTHORITY FOR THIS RESOLUTION. This resolution is adopted pursuant to the provisions of Part H, Chapter 159, Florida Statutes (the "Act"), and other applicable provisions of law. Section 2. FINDINGS. It is hereby ascertained, determined and declared as follows: A. Indian River County, Florida (the "Issuer"), is authorized by the Act to make and execute financing agreements, contracts, deeds and other instruments necessary or convenient for the purpose of facilitating the financing of the acquisition, construction and equipping of projects as defined in the Act, including machinery, equipment, land, rights in land and other appurtenances and facilities related thereto, to the end that the Issuer may be able to promote the economic growth of the State of Florida, increase opportunities for gainful employment and otherwise contribute to the welfare of the State of Florida and its inhabitants, and to finance the cost of -such projects by the issuance of its' evenue bonds. B. General Development Utilities, Inc., a Florida corporation (the "Borrower") wishes to acquire certain real property, and to construct and equip thereon improvements comprising industrial facilities for the furnishing of sewerage services (the "Project"), more particularly described in Exhibit B attached hereto; and the Borrower has requested that the Issuer indicate to the Borrower its intentions in this respect in order to induce the Borrower to proceed with the Project and incur expenses for its initiation and its financing. _ C. The location of the Project in the Issuer's area of operation shall make a significant contribution to the economic growth of the area of operation of the Issuer, shall provide gainful employment and shall serve a public purpose by advancing the economic prosperity, the public health and the general welfare of the State of Florida and its people. D. Giving due regard to the financial strength of the Borrower as demonstrated by evidence which has been previously furnished to the Issuer, and which sets forth the Borrower's ratio of current assets to current liabilities, net worth, earnings trends and coverage of all. fixed charges and the nature of the industry or activity involved and its inherent stability and any guaranty of the bonds by some other financially responsible person, firm or corporation, and all other factors determinative of the Borrower's capabilities, financial and otherwise, of fulfilling its obligations consistently with the purposes of the Act, the Borrower itself is financially responsible and fully capable and willing to fulfill its obligations under the proposed Loan Agreement or Installment Sale Agreement (hereinafter defined), including the obligation to pay the installments upon the loan or sale in the amounts and at the times required and the obligation to operate, repair and maintain at its own expense the Project, and the Borrower is desirous of serving the purposes of the Act and is willing and capable of fully performing all other obligations and responsibilities imposed upon it by the Loan Agreement or Installment Sale Agreement. E. The Issuer is able to cope satisfactorily with the impact of the Project, and all the necessary public facilities, utilities and services that will be necessary for the construction, operation, repair, and maintenance of the Project and on account of any increase in population or other circumstances resulting by reason of the location of the Project within the area of operation of the Issuer are available now or can be provided when needed. F. The proceeds from the issuance of bonds by the Issuer will be either loaned to the Borrower pursuant to a Loan Agreement to be entered into between the Issuer and the Borrower (the "Loan Agreement") or used to acquire and construct the Project, which will be sold to the Borrower pursuant to an Installment Sale Agreement to be entered into between the Issuer, as seller, and the Borrower, as purchaser. Adequate provision will be made under the provisions of the Loan Agreement or the Installment Sale Agreement for the operation, repair and maintenance of the Project - at the expense of the Borrower, and for the payment of the principal of and premium, if any, and interest on the bonds. G. The principal of and premium, if any, and interest on the bonds and all payments required under the proposed Loan Agreement or Installment Sale Agreement and the trust indenture securing the bonds shall be payable solely from the proceeds derived by the Issuer under the proposed Loan Agreement or Installment Sale Agreement, and the Issuer shall never be required to (i) levy ad valorem taxes on any property within its area of operation to pay the principal of and premium, if any, and interest on the bonds or to make any other payments provided for under the proposed Loan Agreement or Installment Sale Agreement or the trust indenture, -.or <ii) pay the same from any funds of the Issuer other than those derived by the Issuer under the proposed Loan Agreement or Installment Sale Agreement; and such bonds shall not constitute a lien upon any property owned by or situated within the area of operation of the Issuer except the Project. H. The Borrower's performance of its obligations, financial and other- wise, under the Loan Agreement or Installment Sale Agreement shall be secured by a first mortgage lien on Project real property and a security interest in the Project machinery and equipment. I. The interest on the bonds will be exempt from federal income taxation under existing laws of the United States. Section 3. AUTHORIZAT17ON CE EXECUTION AND DELIVERY OF Iia- DUCE11ENT LETTER. The Chairman of the Board of County Commissioners of the Issuer is hereby authorized to execute, and the Clerk of the Board of County Commissioners of the Issuer is hereby authorized to attest, the Issuer's letter or letters addressed to the Borrower and its affiliates in substantially the form attached to this resolution as Exhibit A and incorporated herein, with such changes therein, -2- t,.�, �'F`-'s whether made prior to the execution thereof or thereafter, as shall be approved from time to time by such officers executing the same, such approval to be conclusively evidenced by their execution thereof. Such officers and all other officers and employees of the Issuer are hereby authorized to execute such further agreements and take such further action as shall be necessary to carry out the intent and purposes expressed in such letter attached as Exhibit A, upon becoming an agreement on its execution by the Borrower, and are further authorized to take such other steps and actions as may be required and necessary in order to issue such bonds. Section 4. EFFECTIVE DATE. This resolution shall take effect im- mediately upon its adoption. The foregoing resolution was offered by Ccmnissioner Wodtke who moved its adoption. The motion was seconded by Canmissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlockr•Jr. -`--Aye Vice -Chairman A. Grover Fletcher- Naye Commissioner Patrick B. Lyons - Aye Commissioner William C. Wodtke, Jr. - Aye Carmissioner Dick Bird - Aye The Chairman thereupon declared the resolution duly passed and adopted this .5' day of MAY 1982. BOARD OF COUNTY MMMISSIONERS OF INDIAN RIVER COUNTY, FU)RIDA By DON C. SCURMCK, R. Chairman At, lam" 1 1 FREDA MIGHT ,I' ,1b e.. APPROVED TO FORM AND LEGA SUFF_WIEN/> qY //y'FI' �A'q UR��- ud y Attorney M_Z 1 General Development Utilities, Inc. Miami, Florida RE: Proposed financing by General Development Utilities, Inc., of industrial facilities for the furnishing of sewerage services (the "Project") situated in Indian River County with industrial development revenue bonds issued by the County. Gentlemen: Based upon recent discussions with officials of General Development Utilities, Inc. (the "Borrower"), it is the understanding of the officials and represen- tatives of Indian River County, Florida (the "Issuer"), that the Borrower is currently considering the acquisition and construction of industrial facilities for the furnishing of sewerage services (the "Project") situated within Indian River Gounty, that the Project will cost approximately $4,024,000 and that the willingness of the issuer to issue and sell its industrial development revenue bonds for the purpose of financing the Project is an important fact under consideration. by the Borrower in determining the - extent of the feasibility of the Project. The Issuer has determined that the Issuer's issuance of its bonds to assist the Borrower by financing such Project will serve a public purpose by advancing the economic prosperity, the public health and the general welfare of the State of Florida and its people. Accordingly, in order to induce the Borrower to incur expenses for the initiation of such Project and its financing, the Issuer hereby makes the following proposal: 1. The Issuer will issue its industrial development revenue bonds in a principal amount not to exceed $4,024,000 for the purpose of paying the cost of the Project. The bonds will be issued in such aggregate principal amount, mature at such times, bear interest at such rates and be subject to such other terms as shall be agreed upon between the Issuer and the Borrower. 2. The Issuer and the Borrower will enter into a Loan Agreement which shall provide for the loan of the bond proceeds to the Borrower for the acquisition, construction and equipping of the Project and repayment of the loan by the Borrower or an Installment Sale Agreement which shall provide for the acquisition, construction and equipping of the Project, from the bond proceeds and sale of the Project to the Borrower, as purchaser (alternatively, the "Agreement"). The Borrower's performance of its obligations, financial and otherwise, under the Agreement shall be secured by a first mortgage lien on Project real property and a security interest in the project machinery and equipment for the benefit and protection of the bondholders. The payments to be made by the Borrower in repayment of the loan, or for the purchase price, pursuant to the Agreement shall be pledged to the payment of the principal of, interest on and redemption premium, if any, applicable to the bonds and the fees and expenses of the trustee. Upon payment in full under the Agreement, the lien of the trust indenture and the Agreement shall be discharged. The payments shall be fully sufficient only to pay the cost of the Project, the cost and expenses .of financing the same and the expenses of the Borrower, the trustee and the Issuer related thereto. If mutually agreed by the Issuer and the Borrower, payment of principal of and interest on the bonds may be guaranteed by the Borrower's parent corporation, General Development Corporation, a Delaware corporation. 3. The Issuer will cooperate in the prompt preparation of the' Agreement and the necessary resolutions for the authorization and sale of the bonds and will promptly proceed with validation of the bonds in the Circuit Court in and for Indian River County, pursuant to the provisions of Chapter 75, Florida Statutes. 4. Upon delivery of the bonds, the provisions of this proposal and the agreement resulting from its acceptance by the Borrower shall have no further effect, and in the event of any inconsistency between the terms of this proposal and the terms of the Agreement_n the form in which it shall be finally approved by resolution of the Issuer, the provisions of the Agreement as so approved shall control. 5. Upon acceptance by the Borrower of this proposal, the Issuer shat keep open and outstanding this commitment and inducement to the Borrower for a reasonable time so long as the Borrower shall be proceeding with appropriate efforts toward conclusion of any arrangements necessary to the Project; provided, however, if for any reason (other than that which shall be the fault of the Issuer) the bonds are not delivered to the purchaser or purchasers thereof by December 31, 1952, then the provisions of this proposal and the agreement resulting from its acceptance by the Borrower shall be deemed cancelled. In such event, or in the event of its earlier _ cancellation by agreement between the Borrower and the Issuer, neither party shall have any rights against the other and no third party shall have any rights against either party except: (a) The Issuer will transfer and convey to the Borrower all the Project components (and sites, if any) which shall have been acquired by the Issuer; provided the Issuer has received adequate compensation therefor from the Borrower. (b) The Borrower will pay to the Issuer the amount of all expenses which shall have been incurred by the Issuer in connection with the Project and which were authorized - by the Borrower, including any administrative fees of the Issuer in reviewing and processing Borrower's bond issuance application. (c) The Borrower will assume and be responsible for all contracts entered into by the Issuer at the request of the Borrower in connection with the Project; and (d) The Borrower will pay the out-of-pocket expenses of officials and representatives of the Issuer and counsel for the Issuer incurred in connection with the Project, will pay Livermore Klein & Lott, P.A., bond counsel for the issuer, and will pay the legal fees of Freeman, Richardson, Watson & Kelly, P.A., Special Counsel retained by the Issuer in accordance with their fee letter dated March 16, 1SO62 addressed to the County Attorney, and reasonable legal fees for legal services related to the Project or the financing thereof. 6. The Issuer shall not be obligated to pay any of the bonds or the interest thereon from any funds of the Issuer derived from any source other than the Agreement, and each bond shall contain a statement to that effect upon its face. ':e Issuer shall.not be required to incur any expense with respect to the Project or the bonds unless requested to do so by the Borrower, in which event the Borrower hereby agrees to reimburse the full amount of such expense to the Issuer; and the Issuer may require payment to it of such Amount as a prerequisite to its incurring any such expense. The Borrower in accepting this proposal, will thereby agree to indemnify and defend the Issuer and hold the Issuer harmless against any and all claims, losses, liabilities or damages to property or any injury or death of, any person or persons occurring in connection with the construction, equipping and operation of the Project by or on behalf of the Borrower, or in any way growing out of or resulting from this proposal (upon its becoming an agreement if accepted) including, without limitation, all costs and expenses of the Issuer, including reasonable attorneys' fees, incurred in. the enforcemen't of any agreement of the Borrower herein contained in the Agreement and, in the event the bonds are not delivered, this indemnity shall survive the termination of the agreement resulting from the Borrower's acceptance of this proposal If this proposal shall be satisfactory to the Borrower, please have the acceptance statement which follows this proposal executed by the proper officers of the Borrower duly authorized and provide an executed copy to the Issuer, whereimon this proposal will constitute an agreement in principle with respect to the matters herein contained. Yours very truly, INDIAN RIVER COUNTY, FLORIDA (SEAL) Chairman, Board of Countyr Commissioners Attest: `lerk, board of Co i ity Com�l m issioners L- -9/ Approved ar �c f�a €.>> and le.J . ffi; I:�r unty Artorne, !r agrees to reimburse the full amount of such expense to the Issuer; and the Issuer may require payment to it of such Amount as a prerequisite to its incurring any such expense. The Borrower in accepting this proposal, will thereby agree to indemnify and defend the Issuer and hold the Issuer harmless against any and all claims, losses, liabilities or damages to property or any injury or death of, any person or persons occurring in connection with the construction, equipping and operation of the Project by or on behalf of the Borrower, or in any way growing out of or resulting from this proposal (upon its becoming an agreement if accepted) including, without limitation, all costs and expenses of the Issuer, including reasonable attorneys' fees, incurred in. the enforcemen't of any agreement of the Borrower herein contained in the Agreement and, in the event the bonds are not delivered, this indemnity shall survive the termination of the agreement resulting from the Borrower's acceptance of this proposal If this proposal shall be satisfactory to the Borrower, please have the acceptance statement which follows this proposal executed by the proper officers of the Borrower duly authorized and provide an executed copy to the Issuer, whereimon this proposal will constitute an agreement in principle with respect to the matters herein contained. Yours very truly, INDIAN RIVER COUNTY, FLORIDA (SEAL) Chairman, Board of Countyr Commissioners Attest: `lerk, board of Co i ity Com�l m issioners L- -9/ Approved ar �c f�a €.>> and le.J . ffi; I:�r unty Artorne, The terms and conditions contained in the foregoing proposal by the Board of County Commissioners of Indian River County, Florida are hereby accepted this day of , 1982. GENERAL DEVELOPMENT UTII.IMS, INC. By: (SEAL) Attest: Its: s � I Exhibit B Project . IDeseription SEWER TREATMENT PLANT EXPANSION The expansion of the treatment plant will be adjacent to the existin ; sewer treatment plant in Section 31, Township 31S, Range 40E in the community commonly known as Vero Beach Highlands in Indian River County, Florida. The project will entail the construction of one package plant, with a capacity of .25 million gallons daily, an anaerobic digester, polishing ponds, percolation beds, chlorination equipment, and lines totaling approximately 52,400 linear feet. I MAY 51982 BID #120 - ECONOMY PICKUP TRUCKS .49 , PI,,E The Board reviewed the memorandum dated April 23, 1982, as follows: TO: Board of County Commissioners DATE: April 23, 1982 FILE: SUBJECT: IRC Bid #120 -_(2) Economy Pickup Trucks FROM: David Greene REFERENCES: Ass't County Administrator 1. Description and Conditions Bids were. -received April 20, 1982,. at -11:00 A.M. for- _(2) 1981 or 1982 Economy Pickup Trucks for the Utilities Department. These vehicles are for additional staff. Eleven bidders responded to the invitation for bids, two of which were "no bids". 2. Alternatives and Analysis The low bidder was Fred Coyne Chevrolet. The bid price was $5688.68 each for a Chevrolet S-10. 3. Recommendation and Funding It is recommended that the bid be awarded to Fred Coyne Chevrolet for (2) trucks in the amount of $11,377.37. There is adequate monies available in Acct's. #461-235-536-66-42 and 471-235-533-66-42. to complete this transaction. Motion was made by Commissioner Lyons, seconded by Commissioner Wodtke, that the Board accept the recommendation Of the Assistant Administrator and award the bid to Fred Coyne Chevrolet for two Chevrolet S-10 trucks, as being the lowest and best bid in the amount of $5,688.68 each, for a total amount of $11,377.36, from Account No. 461-235-536-66-42 and 471-235-533-66-42. Discussion followed and it was noted that there was an error in the memorandum of one penny; the correct amount for the total bid price should be $11,377.36. William Koolage, interested citizen, discussed the vehicle specifications and noted that the County was being frugal, and he was pleased. The Chairman called for the question. It was voted on and carried unanimously. COUNTY ADMINISTRATIVE ORDINANCE Attorney Brandenburg requested authority to advertise for a public hearing concerning the proposed County Administrative Ordinance. Motion was made by Commissioner Lyons, seconded by Commissioner Bird, that the Board authorize the advertisement for a public hearing concerning the County Administrative Ordinance. The Attorney stated that probably the public hearing could be scheduled for two meetings from this date. The Board then reviewed the memorandum dated April 30, 1982 from Assistant Administrator Greene, as follows: TO: Gary Brandenburg DATE: April 30, 1982 FILE: County Attorney ,/ - SUBJECT: Proposed Administrative ordinance 41. G 3 56 'r MaY 1ssz o, FROM: � � REFERENCES: s cR *""'y n, David L. Greene off;�e�11aws Assistant County Administrator Thank you for the opportunity to comment on the proposed o� nance clarifying the duties, relationships and responsibilities involved with the various County officers. In my opinion it is brief but well written ordinance and should serve to clarify the concerns and issues that may arise in the future as to duties and responsi- bilities in the various roles of the officers of the County Government. Page two (2) of the proposed ordinance regarding appointment -comp- ensation,vacancy and removal, it would be my thought that if state law does not require an annual organizational meeting which would necessitate the reappointment of the three County officers that greater stability would be provided for the operation of the County government if it wasn't necessary to confirm and reappoint those officers on an annual basis but they be allowed to serve at the pleasure of the Commission until such time as the Commission desires a change. MAY 51982 51 paK 49 -,pAtE 5Q' F MAY 51992 -009 49 PA -F J� Section 4 - Duties of the County Administrator - Item B, page 3 - regarding report to the Board on action taken and an annual report, it might be appropriate to establish a due date for the annual report that is to be submitted to the Board of County Commissioners so that this would be locked in concrete and a time certain date be estab- lished as to when the report should be submitted. Section 4 - Item K - regarding the employment or removal of a Depart- ment Head shall require confirmation by the.Board of County Commissioners. Perhaps it would be helpful to clarify whether or not the appointment must occur at an established Board Meeting based upon a written recommendation for one candidate by the County Administrator and as well as if the same procedure would be followed with regard to the removal of that Department Head.stating the reasons for the appointment and/or the written reasons for the removal as well. Section 4 - Item L - does the County Administrator need Board approval to suspend a Department Head? If that is the -.-.case perhaps we should expand Section K to cover dealing with the employment removal and/or reprimand and disciplinary action involved with a Department Head level employee. Gary I believe the ordinance to be very well written and if you would like to further discuss any of my thoughts and ideas I will be pleased to do so. Commissioner Lyons referred to the second paragraph in the memorandum and commented that he would not like the feeling of living year to year on a job; it did not seem to be a way for a person to feel a loyalty to their employer. Commissioner Bird agreed. Chairman Scurlock stated he did not have any problem with that recommendation. Commissioner Lyons also thought that establishing a due date for an annual report was a good idea. The Chairman inquired if there was a grievance procedure. Mr. Greene responded affirmatively. Discussion ensued regarding the proposed ordinance and the Board agreed to incorporate the suggestions as outlined and discussed in Mr. Greene's memorandum of April 30, 1982. In the second paragraph of Section 3 of the proposed ordinance, it was agreed to delete "and department heads" and "organize and" in the first sentence. The Attorney noted that he would amend the proposed ordinance and present it at the time of the public hearing. Commissioner Fletcher inquired about the manual. Mr. Greene reported that they were working on upgrading and making improvements to the manual; it would be brought back to the Board for their approval. Attorney Brandenburg stated that the rules and regulations in the manual apply to all employees working for the County Administrator but do not apply to the Administrator and ether officers; the proposed ordinance would take care of this. A brief discussion followed. The Chairman called for the question. It was voted on and carried unanimously. MAY 5 1982 53 Box 49 PaE-537 5 PAuF5 MAY 1982 The Board of County thereupon recessed for lunch at 12:10 o'clock P.M. and reconvened at 1:50 o'clock P.M. with all members present, except Commissioner Wodtke who was temporarily delayed. Deputy Clerk Hargreaves took over from Deputy Clerk Caldwell for the remainder of the meeting. LICENSE BETWEEN COUNTY AND WGYL RADIO CORP. Attorney Brandenburg reviewed the proposed non-exclusive license agreement between WGYL and the County, which would allow WGYL to erect a radio tower on County property for a term of 20 years, noting that this was put out for bid earlier, and WGYL was determined to be the highest and best bidder. He informed the Board that Mr. Hubbard has executed this agreement with two modifications, both on Page 3, Paragraph 3, where the phrase "including the* antenna" has been deleted -'from the next to last sentence, and the last sentence in regard to renegotiating the terms of the license has been totally deleted. Commissioner Bird felt that $100,000/$300,000 is a rather minimum amount for liability insurance and inquired about County standards for insurance coverage. Attorney Brandenburg did not know that there has been a standard set by the County. He reported that he tried to negotiate as high an amount as possible, and this was the current coverage WGYL had available. The Attorney pointed out that, in any. event, the license requires that the County will be held harmless and indemnified against any liabilities or cause of action; so, anything not covered by the insurance would come out of the corporation's assets. On Motion by Commissioner Bird, seconded by Commissioner Fletcher, Commissioner Wodtke being temporarily absent, the Board unanimously approved the License Agreement with WGYL Radio Corporation as amended and authorized the signature of the Chairman. 54 L I C E N S E &A Tris license made this J4- day of ��(" 1982, V by ani between INDIAN RI`JER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as the "Grantor" and ►tiGYL RADIO CORPORATION, hereinafter referred to as the "Licensee"; WITNESSETH; That the Grantor, in consideration of the covenants and agreements hereinafter made to be kept and performed by the Licensee and upon the conditions set forth below, the Grantor does hereby grant to the Licensee a non-exclusive license to use the following described real property situated in Indian River County to wit; From a point of beginning at the intersection•,of the east right-of-way line of a 160 -foot wide right-of-way for Lateral "J" Canal and the south right-of-way line of a 250-foot'wide right-of-way for the South Relief Canal of the Indian River Farms Water Management District, said P.O.B. being in the S.E. 1/4 of the S.W. 1/4 of Section 13, Township 33 South, Range 39 East, Indian River County, Florida; Run northeasterly on said south right-of-way line of the South Relief Canal a distance of 600 feet to a point; thence run southeasterly on a line parallel to the east right-of-way line of Lateral "J" Canal a distance of 600 feet to a point; thence run southwesterly on a line parallel to the.south right-of-way line of the Squth Relief Canal a._ , distance of 600 feet to the intersection of the east right-of-way line of Lateral "J" Canal; thence run northwesterly on said east right-of-way line of Lateral "J" Canal a distance of 600 feet to said P.O. B. The Grantor further grants to Licensee an easement for ingress and egress to exist during the term of this license. Running from the above described property to Old Dixie Highway being the'30 feet lying immediately southerly of the right-of-way for the South Relief Canal as above described. The Grantor reserves the right to grant similar easements to other parties. This license shall be for a period of twenty (20) years. The commencement date of the license term shall be the date the last party hereto executes this license. This license shall be non -revocable, provided Licensee abides by all the terms.of this agreement and shall be for a pur- pose of constructing and using a three hundred (3001) foot high 49 MAY 51982 governmental agency permit requirements and in accordance with the requir=vents of the WGYL Radio Station, an FM Station and for no other purposes whatsoever without the prior written consent of the Grantor. Grantor reserves the right to grant other uses of the property that is the subject of this agreement provided, however, that said future additional uses shall not interfere in any way with the use of the property by Licensee for the purposes provided in this agreement. In the event that the necessary permits for the use of the property for a three hundred (3001) foot high radio tower cannot be secured by the Licensee within eighteen (13) months from the date of this license agreement, then in that event, either party shall have the right to cancel -and terminate this lease. .The Licensef-, in cgnsideration-of the grant of this license and other agreements herein made between Grantor and Licensee, to be kept and performed, agrees as follows; 1. Licensee does hereby covenant and agree to pay Grantor, and the Grantor agrees to accept as rental under this license agreement the following amounts; $100.00 per month for the first ten years, and $125.00 -per month for the succeeding ten years. The first payment shall be due within one (1) week of execution of this agreement and shall constitute payment in advancd for the remaining months of this year. The remaining payments are due in advance at the beginning of each succeeding year. 2. Licensee further covenants and agrees to provide Grantor with one free antenna space to be utilized by Grantor at any time for the exclusive purpose of establishing an Emergency Communication System. Licensee further covenants to provide to Grantor a second antenna space for the exclusive purpose of establishing an Emergency Communication System in return for the payment of $100.00 per month payable yearly, in advance. Licensee shall reserve these antenna spaces unless this provision is released or modifies by the Board of County Commissioners of . MAY 5 7982 radio tower and accessory structures in accordance with all governmental agency permit requirements and in accordance with the requir=vents of the WGYL Radio Station, an FM Station and for no other purposes whatsoever without the prior written consent of the Grantor. Grantor reserves the right to grant other uses of the property that is the subject of this agreement provided, however, that said future additional uses shall not interfere in any way with the use of the property by Licensee for the purposes provided in this agreement. In the event that the necessary permits for the use of the property for a three hundred (3001) foot high radio tower cannot be secured by the Licensee within eighteen (13) months from the date of this license agreement, then in that event, either party shall have the right to cancel -and terminate this lease. .The Licensef-, in cgnsideration-of the grant of this license and other agreements herein made between Grantor and Licensee, to be kept and performed, agrees as follows; 1. Licensee does hereby covenant and agree to pay Grantor, and the Grantor agrees to accept as rental under this license agreement the following amounts; $100.00 per month for the first ten years, and $125.00 -per month for the succeeding ten years. The first payment shall be due within one (1) week of execution of this agreement and shall constitute payment in advancd for the remaining months of this year. The remaining payments are due in advance at the beginning of each succeeding year. 2. Licensee further covenants and agrees to provide Grantor with one free antenna space to be utilized by Grantor at any time for the exclusive purpose of establishing an Emergency Communication System. Licensee further covenants to provide to Grantor a second antenna space for the exclusive purpose of establishing an Emergency Communication System in return for the payment of $100.00 per month payable yearly, in advance. Licensee shall reserve these antenna spaces unless this provision is released or modifies by the Board of County Commissioners of Indian River County. 3. The parties hereto agree that the Licensee shall take the property as it presently exists. Licensee shall have the right to mace improvements to the property for the purpose of con- structing a three hundred (3001) foot high radio antenna and accessory structures as long as said structures or buildings meet all appropriate zoning, building or other governmentally imposed restrictions. All costs of the construction shall be borne by the Licensee. At the end of the ter mof this license all improve- . Tents, i3 tha ante—�.,. with the exception of removable personal property and equipment, shall become the property of the Grantor free and clear of any claim of right of Licensee.-�}rc- b� 4. Licensee may not assign this license without the prior written approval of the Board of County -Commissioners of Indian River County. The Grantor shall not unreasonably withhold - such approval. S. The Licensee shall maintain the property and all improvements made thereon in an orderly, safe and functional con- dition. 6. Licensee agrees that in the event of a suit brought on this license for ejectment or to enforce the covenants of the agreement or for any default hereunder on the part of Licensee, its successors or assigns, and should the Grantor be successful then Licensee shall pay a reasonable cost and expenses of the suit including reasonable attorney fees. 7. Licensee agrees to arrange for and pay for, in addi- tion to the rental above mentioned, all utility bills for activi- ties on the premises. 8. Any failure on the part of the Licensee to comply with any of the terms, conditions and covenants of this agreement shall make the entire amount of rent for the term of this license due and payable. Grantor, its heirs and assigns, may proceed to collect same or at the election of Grantor, its heirs or assigns, any such failure shall work as a forfeiture of this license and all rights of the Licensee hereunder, and said Licensee'shall MAY 51982 A 49 PAE54 MAY 51982 within three (3) days thereafter quit and surrender said premises without further notice to quit, and the Grantor, or its heirs and assigns, may recover possession thereof by action or forceable entry and detainer. 9. Licensee further covenants and agrees to hold the Grantor harmless from and indemnify the Grantor or, including the duty to defend, any claim, damages, liability or cause of action whatsoever that may arise out of or result from the use of the premises by the Licensee. 10. Licensee agrees to carry, at his expense, liability insurance to protect the interest of the Grantor as well as the Licensee against loss or damage by personal injury or property damage, and agrees to carry liability insurance in the sum of not less than One Hundred Thousand Dollars ($100,000'.00) for.injuries to or death of any one person and Three Hundred Thousand Dollars* ($300,000.00) for injuries to or death of any more than one person in any one accident, and Twenty-five Thousand Dollars ($25,000.00) for damage to property. Saidpolicy or policies shall be standard Owner's, Landlord's and Tenant's policies and will include the Grantor's name as a co-insured. A copy of the insurance policies naming the Grantor as a co-insured will be delivered to Grantor. 11. Licensee further agrees that License`, his agents, 4. V00 .! affiliates or subsidiaries or assigns, will make no unlawful or improper use of the premises and will abide by all of the health, safety, zoning and other regulations as required by Indian River County, the State of Florida or any other governmental authority. 12. The Licensee may install such signs on the exterior of the building or otherwise as are necessary for the appropriate use of the property; said signs to meet with the rules and regula- tions of Indian River County. 13. The Grantor may enter and inspect the licensed prem- ises at all reasonable hours. 14. The Grantor covenants and agrees that if the Licensee shall pay and otherwise perform and do all the things and matters herein provided for to be kept and performed by the Licensee, that the Licensee shall peacefully ani' quietly have `fir,? right to use the premises for the purposes herein provided tog2th­_r with the necessary right-of-way to said premises without any hind. -ince by the Grantor or by any other person or persons claiming by or through or under the Grantor. 15. Upon termination of the license, Licensee shall pe=acefully and quietly surrender and yield up to the Grantor all the premises, subject to the right of the Licensee to remove only such tangible personal property and fixtures as may be owned by the r,icensee. In the event of the removal of any fixtures or tan - Bible personal property owned by the Licensee, he will repair at his-:xpensz2 any damage caused by the removal of said fixtures or equipment. lo". It is mutually agreed that each and,every one of the covenants and agreements herein contained shall'be extended to and be binding upon the respective successors, heirs, legal represen= _ tatives and assigns of the parties hereto. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first above written, in dupli- cate. As toLessee STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY By DON C. SCUR i • � Attest:� Clerk WGYL E The foregoing instrument was acknowledged before me this day of , A.D. 1982, by DON C. SCURLOCK, JR., MAY 5 1982 -5- wK . 49., ?R%E 543 A to Lessor CM >CM �Y 0--C3 ca v Q �-' As toLessee STATE OF FLORIDA COUNTY OF INDIAN RIVER INDIAN RIVER COUNTY By DON C. SCUR i • � Attest:� Clerk WGYL E The foregoing instrument was acknowledged before me this day of , A.D. 1982, by DON C. SCURLOCK, JR., MAY 5 1982 -5- wK . 49., ?R%E 543 r � � 49 m' MA l 51982 of "�4 L. f —airman, Board of County Commissioners of Indian River County, Florida. Notary Public NOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISSION EXPIRES ALLY 8 1982 504DED THRU CO EV4. INS. UNDERWRI W STATE OF FLORIDA COUNTY OF INDIAN RIVER The foregoing instrument was acknowledged before me this 4—day ofM/�'Y ., A.D. 1982, by as President - of WG X1., Notary. Public r) i; .Notary Public, MY commissioState of Florida a,t n expires M.3Y 1Lar&1934e 1 s LEASE AGREEMENT WITH CREDIT UNION Attorney Brandenburg reported that this is the County's standard lease for space in the Administration Building, and it - provides 578 sq. ft. at the rate of $8.72 per sq. ft. per year. Motion was made by Commissioner Lyons, seconded by Commissioner Fletcher, to approve the lease with the Indian River Federal Credit Union and authorize the signature of the Chairman. Commissioner Fletcher commented on the large percentage of rental increase we are anticipating over a period of four years as related to the anticipated inflationary increase rate. Assistant Administrator Greene stated that this is consistent with the philosophy the County has used in all the prior leases, particularly in regard to the requirements of the State agencies, which desired to have a fixed percentage increase each year rather than relying on the Consumer's Price Index. Commissioner Fletcher expressed concern about leasing space to outside agencies and getting ourselves into a corner where we have to go look for rental space for our personnel at higher rates. Mr. Greene replied that all our leases are with groups which it" was anticipated would occupy the building when it was reconstructed; we are not looking for any outside groups; and we still do have space available. The Chairman called the question. It was voted on and carried 4 to 0 with Commissioner Wodtke being temporarily absent. MAY 51992 61 Y A 51.992 Boa 9,F�fi� LEASE AGREEMENT THIS LEASE AGREEMENT, entered into this 1st day of February, 1982 , A.D., between INDIAN RIVER COUNTY, hereinafter called the "LESSOR", and Indian River Federal Credit Union hereinafter called the "LESSEE". W'ITNE S SETH: That the Lessor, for and in consideration of the covenants and agreements hereinafter mentioned to be kept and performed by the Lessee, has demised and leased to the Lessee, for the term and under the conditions hereinafter set -out, those certain premises in Vero Beach, Indian River County, Florida, described as follows: Suite N-155 located in the Indian River County Administration Building at 1840 25th Street Vero Beach, Florida 32960 which shall constitute an aggregate area,of 578 square feet�-of rentable -pace, at the rate of $8.72 per square foot per year. I. TERM TO HAVE AND TO HOLD the above described premises for a term commencing on the day of and including the See Covenant #1 II. RENTALS The Lessor hereby leases to the Lessee and the Lessee hereby leases from the Lessor the above described premises for the term set out in this Lease and the Lessee agrees to pay0tlo the Lessor the sum of $Four hundred and twenty dollars and 0� per month for the rental period described in Article I of tnis Lease. The rent for any fractional part of the first month shall be prorated. The monthly rent shall be payable in advance with first rental installment due on day of occupancy. Lessor acknowledges receipt of $ 420.01 at the execution of this Lease. The rentals shall be paid to the Lessor at 1840 25th Street ,Vero Beach, Florida 32960 (Address) City Zip Code III. HEATING, AIR CONDITIONING AND JANITOR SERVICES l.a. The Lessor agrees to furnish to the Lessee heating - and air conditioning and maintain same in satisfactory operating condition at all times for the leased premises during the term of the Lease at the expense of the Lessor. l.b. The Lessor agrees to maintain thermostats in the demised premises at 65 degrees Fahrenheit during the heating season and 78 degrees Fahrenheit during the cooling season. The Lessor a--re-es to furnish janitorial ser-,:-ic ,_ 'fall necessary janitorial supplies for the leased premises durin,; ij the term of the Lease. IV. LIGHT FIXTURES The Lessor agrees to provide in the demised premises minimum light .fixtures for the use of the Lessee. The Lessor shall be responsible for replacement of all bulbs, lamps, tubes, and starters used in such fixtures for the purpose of furnishing light. V. MAINTENANCE AND REPAIRS 1. The Lessor shall provide for interior maintenance and repairs in accordance with generally accepted good practices, including repainting, the replacement of worn or damaged floor covering and repairs or replacement of interior equipment as may be necessary due to normal usage. The Lessee shall, during the term of this Lease, keep the interior of the demised premises in as good a state of repair as it is at the time of the commencement of this Lease, reasonable wear and tear and unavoid- able casualties excepted. 2. The Lessor shall maintain and keep in good repair the exterior of the demised premises during the term of this Lease. Lessee shall be responsible f6r the replacement of all windows broken or damaged in the demised premises. 3. The Lessor agrees to furnish pest control services for the leased premises during the term of the Lease. VI. UTILITIES That the Lessor will promptly pay all gas, water, trash, power and electric light rates or charges which may become. payable during the term of this Lease for the leased premises. VII. ALTERATIONS 1. The Lessee shall have the right to make any alter- ations in and to the demised premises during the term of this Lease upon first having obtained the written consent thereto of the Lessor. The Lessor shall not capriciously withhold the consent for any such alterations. VIII. INJURY OR DAMAGE TO PROPERTY ON THE PREMISES That all property of any kind that may be on the premises during the continuancy of this Lease shall be at the sole risk of the Lessee, and except for any negligence of the Lessor, the Lessor shall not be liable to the Lessee or any other person for any injury, loss or damage to property or to any person on the premises. -2- MAI 51982 BOOK .. 49 PRE 547 MAY 51982 aooK 49 FSE. IX. FIRE AND OTHER HAZARDS In the event that the demised premises, or the major part thereof, are destroyed by fire, lightning, storm or other casualty, the Lessor, at its option, may forthwith repair the damage to such demised premises at its own cost and expense. The rental thereon shall cease until the completion of such repairs and the Lessor will immediately refund the pro rata part of any rental paid in advance by the Lessee prior to such destruction; should the premises'b e only partly destroyed, so that the major part thereof is unusable by the Lessee, then the rental shall abate to the extent that the injured or damaged part bears to the whole of such premises and such injury or damage shall be restored by the Lessor as speedily as is practicable and upon the completion of such repairs, the full rental shall commence and the Lease shall then continue the balance of the term. X. EXPIRATION OF TERM At the expiration of the term, the Lessee wall peaceably yield up to the Lessor the demised premises in good and tenant- able repair. It is understood and agreed between the parties that the Lessee shall have the right to remove from the premises all personal property of the Lessee installed on the premises by it, provided the Lessee restores the premises to as good a state of repair as they were prior to the removal. XI :- SUBLETTING -LAND ASHGNMENT This Lease may not be assigned or sublet without the consent of Lessor, which consent may be withheld. XII. WAIVER OF DEFAULTS The waiver by Lessor of any breach of this Lease by the Lessee shall not be construed as a waiver of any subsequent breach of any duty or covenant imposed by this Lease. XIII. RIGHT OF LESSOR TO INSPECT The Lessor, at all reasonable times, may enter into and upon the demised premises for the purpose of viewing the same and for the purpose of making any such repairs as they are required to make under the terms of this Lease. XIV. BREACH OF COVENANT These presents are upon this condition, that, except as provided in the Lease, if the Lessee shall neglect or fail to perform or observe any covenant herein contained, which on the Lessee's part is to be performed, and such default shall continue for a period of thirty (30) days after receipt of written notice thereof, Lessor may enter upon the premises and repossess the same as of their former estate and expel the Lessee and remove its effects forcefully, if necessary, without being taken or deemed to be guilty of any manner of trespass and thereupon this demise shall terminate but without prejudice to any remedy which might otherwise be used by the Lessor for arrears of rent or.for any breach of the Lessee's covenants herein contained. -3- r XV USE., OF PREMISES The Lessee will not make or suffer any unlawful, improper or offensive use of the premises or any use or occupancy thereof contrary to the laws of the State of Florida or to such Ordinances of the City and/or County in which the demised premises are located, now or hereinafter made, as may be applicable to the Lessee. XVI. RENEWAL The Lessee is hereby granted the option to renew this - Lease for an additional four year (s) upon the same terms and conditions except rent shall be renegotiated. If the Lessee desires to renew this Lease under the provisions of the Article, it shall give the Lessor written notice thereof not more than six (6) months nor less than 45 days prior to the expiration of the term provided in Article I of this Lease. XVII. NOTICES AND INVOICES All notices required to be served upon the.Lessor shall be served by registered or certified mail, return receipt requested, at 1840 25th Street Vero Beach,Florida (Street) (City) 32960 and all notices required to be served upon the (Zip Code) Lessee by registered or certified mail, return receipt requested, at the address of the Lessee at 1840 25th Street, Suite N-155 Street Vero Beach, Florida , 32960 (City) (Zip Code) Lease payment shall be submitted monthly to Indian River County Finance Department, Suite 201, 1840 25th Street, Vero Beach, Florida 32960. XVIII. ADDITIONAL TERMS (check one) X Any and all additional covenants or conditions appear in the attached. No additional covenants or conditions form a part of this Lease. -4- MA 5 198®oK9 PSS n MIRY 51982 aw 49 Pry -;t W IN WITNESS WHEREOF, the parties have hereunto executed this instrument for the purposes herein expressed, the day and year above written. Signed, sealed and delivered in ttie presence of u:! �: �j/i %;ar�/1;" 5rantienbu C tv Altornev_ i -5- M INDIAN RIVER COUNTY By: G (Chairma Attest 11 1 1V LESSOR By: Attest: / LESSEE M 11 COVENANT NLP BER I Eight and seventy-two one hundredths dollars ($8.72) per square foot per year for the first year, January 1, 1982, to and including December 31, 1982, for a monthly rental payment of Four hundred twenty and one one hundredths dollars ($420.01). Nine and fifty-nine one hundredths dollars ($9.59) per square foot per year for the second year, January 1, 1983, to and including December 31, 1983, for a monthly rental payment of Four hundred sixty-one and ninty-two one hundredths dollars ($461.92). Ten and fifty-five one hundredths dollars ($10.55) per square foot per year for the third year, January 1, 1984, to and including December 31, 1984, for a monthly rental payment of Five hundred eight and sixteen one hundredths dollars ($508.16). Eleven and sixty-one one hundredths dollars ($11.61) per square foot per year for the fourth year, January 1, 1985, to and including December 31, 1985, for a monthly rental payment of Five hundred fifty-nine and twenty-two one hundredths dollars ($559.22). Twelve and seventy-seven one hundredths dollars ($12.77) per square foot per year for the fifth year, January 1, 1986, to and including December 31, 1986, for a monthly rental payment of Six hundred fifteen and eight one hundredths dollars ($615.08) Lessor Signature MAY ........:. IIV,91 ,51-/+i C 2'C_'Pi7- vI'Vrou //QP f C Lessee Signature 49 551 r 890K 49 MAY 51982 RESOLUTION 82-49 - RE PUBLIC NECESSITY FOR ACQUISITION OF 8TH STREET EXTENSION RIGHT-OF-WAY The Board reviewed the following memo from the Assistant County Attorney: TO: Chairman Don C. Scurlock,JrPATE: April 26, 1982 FILE: and Members of the Board of County Commissioners SUBJECT: Resolution Declaring Public Necessity for Acquisition of 8th Street Extension Right -of -Way. , FROM: Christopher J. Paull REFERENCES: Assistant County At4ornM Negotiations for the acquisition of three parcels of land just east of U. S. Highway #1 for needed 8th Street right-of-way have been undertaken, off and on., with limited success over the past thirteen (13) months. Each of the individuals was contacted as far back as March, 1981 by past County Attorney, George G. Collins, Jr. This office has resumed the negotiations and has tentatively reached agreement for purchase of one of the three parcels, and is continuing negotiation on the other two. _ The two parcels remaining subject to negotiation abut U. S. Highway #1, to wit: Parcel A - Owner; Lawrence C. and Joyce R. Wright (the north thirty (301) feet of a 2.03 acre parcel) Parcel B - Owner, Mr. C. L. LaFevers, Sr. (the south thirty-five (351) feet of a 7 acre parcel known as Lot 8 of Vero Land Company Subdivision) Each of these owners has been offered, but neither has yet accepted, the full fair market value as determined by appraisals prepared for the County by Mr. Peter Armfield, thereby indicating that condemnation may be necessary to close on these acquisitions. There exists a fifteen (15') foot strip running along the south edge of Paro-el Be the o -rohip 0.1 which has yet tz be determined. Until recently, it was assumed by all parties that this was a part of Parcel B. Parcel B is the remainder of Lot 8 of the original Vero Land Company Subdivision, which plat also designated the south fifteen (151) feet of the platted properties for possible right-of- way or access purposes, although there was no precise dedication stated on the face of the plat. In the event this fifteen (15') foot hiatus wa-s purposely dedicated to the public, the County should at this time accept that dedication by formal action. In any event, the fifteen (151) foot hiatus will be named in the condemnation as part of the subject property in order to quiet title in the County. W. Requested Action Because of the pending completion dates of engineering and con- struction work for this project (Project #8101 --Engineering comple- tion date 5/30/82; Construction completion date 10/31/82), this office is requesting that formal action be taken at this time by the Board of County Commissioners to adopt a resolution which expresses in detail the public necessity for extension of 8th Street and authorizes all necessary steps and expenditures related to condemnation of the remaining parcels. The substance of this resolution will be a necessary element to be proved by the County in the condemnation proceeding. Assistant County Attorney Paull reported that, as authorized in December of 1980, acquisition of the right-of-way for extension of 8th Street has been pursued. A request for donation of the right-of-way was turned down by all three owners. They now have been offered a fair market value as appraised, and this value ($18,260) has been accepted by Mr. Hammond, owner of Parcel C, the smallest of the parcels involved. Attorney Paull requested that the Board consider adoption of a resolution that will set out the public necessity for this right-of-way so that it can be used in a petition for condemnation, if necessary, and further requested that he be authorized to enter into a purchase agreement with Jerry Hammond, the owner of Parcel C. Commissioner Bird questioned the wisdom of entering into any agreement prior to being assured we will be able to obtain the remaining right-of-way, and Mr. Paull stated that any conveyance would be made subject to the County obtaining the other property. Commissioner Wodtke entered the meeting at 2:05 o'clock P.M. Motion was made by Commissioner Lyons, seconded by Commissioner Bird, to adopt Resolution 82-49 declaring the acquisition of certain parcels ofproperty for right-of-way purposes for the extension of 8th Street to be a public necessity and authorizing the preparation and prosecution of eminent domain proceedings. Commissioner Fletcher discussed the possibility of increasing our bargaining position by looking for right-of-way somewhere where the people are more receptive. He felt the value of the property will be greatly enhanced by the road. 69 h':' '49, pw 553 r1 554 MAY 51982 Commissioner Lyons pointed out that having the road opened through to U.S.1 at 8th Street not only eliminates the dangerous intersection at 6th Avenue and U.S.I, but takes into consideration the fact that we have the right to put a traffic light at the 8th Street intersection; so, to put the road some other place would simply create two problems instead of solving one. The Chairman called for the question. It was voted on and carried 4 to 1 with Commissioner Fletcher voting in opposition. On Motion by Commissioner Lyons, seconded by Commissioner Bird, the Board unanimously authorized the Attorney to enter into a Purchase & Sale Agreement based upon terms tentatively reached with Mr. Hammond, which would include a condition that the sale is subject to -the County acquiring the other two right-of-way parcels, whether by condemnation or otherwise. Attorney Paull informed the Board that C. L. LaFevers, owner of Parcel B, who is represented by Attorney Charles Sullivan, is asking a firm figure of $95,000 for his parcel of right-of-way, plus loo attorney's fees. Mr. Paull did not consider this reasonable in light of the appraisal which was $91,450 for the whole 501. Mr. Paull continued that Parcel A, which is owned by Mr. and Mrs. Lawrence Wright who are represented by Attorney Michael O'Haire, is located where Barrett's Steak House sits. They have made a counter offer of the same effective front footage value as Mr. La Fever would receive. This parcel being a deeper commercial parcel, has been appraised at a higher front footage value; so, in this case, the County would be paying an extra $7,600 above the appraised price. Mr. O'Haire is going back to his client with a request to come closer to our price, and Mr. O'Haire has agreed to take approximately half as much in attorney's fees. Resolution No. 82-49 is hereby made a part of the Minutes. 70 RESOLUTION NO. 82-49 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING THE ACQUISITION OF CERTAIN PARCELS OF PROPERTY FOR RIGHT-OF-WAY PURPOSES FOR THE EXTENSION OF 8TH STREET IN INDIAN RIVER COUNTY, FLORIDA, TO BE A PUBLIC NECESSITY AND AUTHORIZING THE PREPARATION AND PROSECUTION OF EMINENT DOMAIN PROCEEDINGS. WHEREAS, the County road known as 8th Street (Glendale Road) presently serves an important east -west secondary collector road function for traffic west of U. S. Highway #1; and WHEREAS, a significant portion of eastbound traffic in this region of the County is bound ultimately for a destination lying eastward of U. S. Highway #1; and WHEREAS, at present, this traffic must, by necessity, travel an indirect route via U. S. Highway #1, thereby extending travel distance and time, and creating an additional source of traffic which burdens the north -south capacity of U. S. Highway #1; and WHEREAS, an extension of 8th Street to the east across U. S. Highway #1 will open a more direct avenue for this eastbound flow, and will help make possible an improved and less hazardous use of the present 6th Avenue U. S. Highway #1 intersection; and WHEREAS, this extension of 8th Street as a secondary collector is consistent with thet:_transpo-rtation element of the proposed Comprehensive Plan; and WHEREAS, this proposed extension cannot take place unless and until the County has acquired the necessary eighty (801) foot width of right-of-way; and WHEREAS, fee simple ownership of the property across which this extension is proposed is privately owned; and, in order to acquire subject right-of-way, it is necessary for the County Engineer and County Attorney to take legal action, employ real estate appraisers, and do all such further acts as may be reason- ably required. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The foregoing recitals are adopted and ratified in -1- MAY 51992 pm %E555 MAY , 5&2 their entirety. 9 ZJ 1 2. The acquisition of fee simple ownership for right- of-way purposes to support the extension of 8th Street between U. S. Highway #1 and 6th Avenue, across those parcels more fully described in Exhibit A attached hereto, is declared to be in the interest of the citizens of Indian River County and an absolute public necessity. 3. The County Attorney is hereby authorized and directed to proceed to take all steps necessary for Indian River County to acquire in its own name by donation, purchase or eminent domain proceedings, the subject parcels and to have prepared in the name of Indian River County all papers, pleadings and other instruments required for said purposes and to see that all eminent domain proceedings are prosecuted to final judgment. 4. The County Attorney and County Engineer are hereby further authorized and directed to take such other action as may be reasonably required to fully accomplish the purposes herein- above stated. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman A. Grover Fletcher Nay Commissioner Patrick B. Lyons Aye Commissioner William C. Wodtke, Jr. Aye Commissioner Dick Bird Aye The Chairman thereupon declared the resolution duly passed and adopted this 5th Attest: '�9� FRR/EDA WRIGHT, C1 r APPROVED/ISAPPROVES TO FORM AND LEG�� SUZ By_Z. `/U Y P.-BRANDENBORG y Attorne day of May , 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By / DON C. SCURLOCK, JR. Chairman -2- PARrFT. A EXHTRTT A The North thirty (301) feet of the following described parcel: Beginning at a point of intersection of the East right-of-way line of U. S. Highway No. 1, as the same is now established and the North line of Section 13, Township 33 South, Range 39 East, and which point of beginning is approximately 493.96 feet East of the Northwest corner of the Northeast 1/4 of said Section 13, Township 33 South, 39 East; Thence continue along said North line of Section 13, South 89 Degrees 28 Minutes 57 -- Seconds East, 482.73 feet; Thence South 0 Degrees 29 Minutes 33 Seconds West, 206.77 Feet; Thence South 88 Degrees 11 Minutes 08 Seconds West 374.36 feet to an intersection with a non -tangent curve having a radial bearing of North 62 Degrees 56 Minutes 12.Seconds East, said point of interseciton lying on the East right-of-way line of U. S. Highway No. 1; Thence run Northwesterly on said East right-of-way of U. S. Highway No. 1, a distance of 247.29 feet along the Arc of a 4861.15 feet radius curve concave to the Northeast through a Central Angle of 2 Degrees 54 Minutes 53 Seconds to the Point of Beginning. PARCEL R The South fifty (501) feet of that part of the Southwest 1/4 of the Southeast 1/4 of Section 12, Township 33 South, Range 39 East, lying east of the Eastern right-of-way line of U. S. Highway No. 1 as established and presently existing of record. PARCEL C The North thirty (301) feet of the following described parcel: The North 7 acres of the Northwest 1/4 of the Northeast 1/4, lying East of U S. Highway No. 1, as in Deed Book 30, page 451 and Deed Book 27, page 379, less the South 150 feet, and less parcel described in Official Record Book 412, page 371. MAY 5 1982 8oax 49 FaE 557 1 �/1982�r 49 Pig 558 LEASE FOR SPACE IN THE OLD SCHOOL BOARD ADMINISTRATION BUILDING FOR PORTION OF SHERIFF'S DEPARTMENT Attorney Brandenburg reviewed the proposed lease, noting that it is for a three year term at a total rental of $52,000 payable at the rate of $1,458.33 monthly and there is an option to renew for at least one more year at a rate not to exceed more than 300 of the base rate. Attorney Brandenburg recommended that prior to execution of the lease, the County specify what the replacement cost of that structure would be so that we are not caught in the trap of paying excess insurance premiums because of the insurance company's valuation of the building. Chairman Scurlock agreed that replacement cost should be defined, noting that we originally talked about the value of the building as an -"as is" situation. The term of the lease was discussed, and it was noted that this was set at three years in the belief that space problems would be resolved when the new jail is constructed. Commissioner Fletcher discussed rental figures, maintenance, replacement value, etc., and felt it would be more advantageous to rent the Sheriff space in the County Administration Building. Assistant Administrator Greene stated that although we do have space available in this building, it was felt the space in the School Board building was more appropriate. One large advantage is that it would eliminate the need for remodeling space in the County Administration Building to suit the Sheriff's needs, and we would still have this space available for future expansion. The Sheriff has inspected the School Board building and is satisfied with it on an interim basis. Discussion followed as to any remodeling that would have to be done at the School Board building, and it was felt that it would be very minimal and probably could be handled in-house. Commissioner Wodtke suggested that we should continue on with the same level of insurance the School Board presently has on their building. 74 - M M Discussion followed as to how soon the Sheriff would need this space, and it was agreed to leave the starting date f lexible. Motion was made by Commissioner Wodtke, seconded by Commissioner Lyons, to authorize the Sheriff to execute and sign the lease with the School Board of Indian River County with the changes that were discussed today and also to insert a beginning date. Commissioner Bird commented that the Section re Maintenance and Repair states that we will return the building in substantially the same condition as it was, and he, therefore, believed any modifications should be as minimal as possible. The Chairman called for the question. It was voted on and carried unanimously. Said Lease Agreement will be made a part of the Minutes when fully executed and received. AGREEMENT FOR PURCHASE OF IXORA UTILITIES, INC. Attorney Brandenburg summarized the purchase agreement, explaining that for the total sum of $225,000, the County would receive the entire Ixora Utilities water and sewer system and all real property upon which the system sits. He reviewed all county costs, noting that the contract is contingent on the County agreeing to release any claim to the $1,000 per week escrow deposit order placed on Ixora Utilities by Judge Sharp. Motion was made by Commissioner Lyons, seconded by Commissioner Wodtke, to authorize the Chairman to sign the Agreement between the County and Ixora Utilities and to authorize the Chairman and the Attorney to take all action necessary to proceed with closing on the system. Commissioner Fletcher inquired about financing the $225,000, and Attorney Brandenburg explained that this amount has been included in the 2.017 million bond issue of which FmHA has indicated approval. 75 MAY 51982 BOOK 49 �PA9E 559 NAY 51982 tank 49 PAGE"56. 0 Commissioner Wodtke brought up Section 7 on Page 6 - Utilities Accounts Receivable - in regard to the seller reading the meters on or about the date of closing, and emphasized that it would be absolutely necessary that the County also read the meters at the same time. Considerable discussion ensued about disposition of the customer utility deposits, and Attorney Brandenburg noted that Ixora Utilities wants to keep the deposits 60 days to protect themselves against unpaid bills. Commissioner Lyons felt if the. County requires a deposit, it is an entirely separate matter from this agreement. Chairman Scurlock agreed this is a very delicate situation, and believed if there is too much publicity about transfer of the systeml-you then encourage people not to pay their bills. Attorney Brandenburg stated that he did not feel it would be wise for the County to buy the accounts receivable and be responsible for collecting Ixora's bills. On the other hand, Ixora did not wish to walk away from those bills and wanted to keep the deposits as a protection. Lengthy discussion continued as to how to handle the utility deposits, and Commissioner Lyons emphasized that we can set a policy with our customers, and he did not feel this should complicate our agreement with Ixora. Chairman Scurlock commented that this was all worked out and he did not believe any other language would be suitable. Question arose as to interest on the deposits, and Attorney Brandenburg explained that the company is required to give an affidavit as to the deposits and the amount of interest they have accrued, and, in addition, they must indemnify the County for any mistakes made in the affidavit. This is set out in Paragraph 9. The Chairman called for the question. It was voted on and carried 4 to 1 with Commissioner Fletcher voting in opposition. _ A A G R E E M E N T THIS AGREEMENT, made and entered into this day of 1414D 1982, by and between IXORA UTILITIES, INC., a corporation organized and existing under the laws of the State of Florida, sometimes referred to herein as the "Company", and NATHAN TANEN and BARBARA TANEN, his wife, sometimes referred to herein as Tanen, herein collectively referred to as to as "Seller", and INDIAN RIVER COUNTY, FLORIDA, a political subdivision of the State of Florida, hereinafter referred to as "Purchaser". WITNESSETH: WHEREAS, Seller presently owns and operates a water and sewer utility system located within Indian River County, Florida; and WHEREAS, Tanen owns the real property upon which both the water and sewer plant facilities is situate; and WHEREAS, Purchaser has determined that it will be in the public welfare and interest for it to acquire certain of the assets used by Seller in connection with the operation of said water and sewer utility system (hereinafter sometimes referred to as the "Subject Assets") and Purchaser desires to acquire the Subject Assets by agreement with Seller rather than by exercise of its power of eminent domain; and WHEREAS, Purchaser and Seller agree that ?'eller will sell and Purchaser will purchase the Subject Assets in accordance with the terms and provisions hereinafter set forth; and WHEREAS, Purchaser and Seller now desire to.set forth in writing the agreements made by them. NOW, THEREFORE, in consideration of the payment of TEN DOLLARS ($10.00) in hand paid by Purchaser to Seller, the receipt of which is hereby acknowledged, and other valuable considerations together with the mutual covenants and agreements contained herein, the parties do hereby agree as follows: 1. Sale of the Subject Assets: Seller agrees that at the closing Seller will grant, bargain, sell, transfer, assign, and deliver to Purchaser, and Purchaser agrees to purchase and accept delivery of the Subject Assets of the Seller as described MAY 5 1982 -1- BOOK mE561 5 AY 5198ri FGE ,s m below on the Terms and conditions hereinafter set forth. 2. Description of the Subject Assets: The Subject Assets to be sold and purchased by this Agreement are more par- ticularly described as follows: (a) The real property more particularly described in Exhibit "A" attached hereto and by reference made a part hereof. In the event that the Purchaser, at some time in the future discontinues the use of both the water and sewer plants at this location, the Purchaser agrees to convey back to Nathan and Barbara Tanen all portions of the Real Property which is not reasonably necessary for lift stations, rights of way for utility lines and maintenance or any other installations which would be a part of the County utility system. Any part of the land so con- veyed shall be by insurable title and cleared of all improvements by the Purchaser. (b) All Company water plants with appurtenances and the water distributions systems more particularly described in Exhibit "B", owned by Seller located in Indian River County, Florida. (c) All Company sewer plants with appurtenances and the sewer collection systems as more particularly described in Exhibit "C", owned by Seller located in Indian River County, Florida. (d) All rights, privileges, easements, licenses, prescriptive rights, rights of way, and all contracts, service agreements and developer agreements owned by Company for the con- struction, reconstruction, maintenance and operation of the above described water and sewer utility system and assets. The Company's area utility franchise and the rights, privileges and duties contained therein together with all of the utility customer lists. (e) All personal property owned by the Company and used in connection with the water and sewer utility systems set. forth above and all personal property now situated on the real property described in Exhibit "A" and all personal property other than cash, bank deposits, securities, customer accounts receiv- -2- able, notes and mortgages and prepaid deposits for utilities and chemicals owned -by the Company and located in Indian River County, Florida, which pertains to or is used in the operation of the above described water and sewer utility systems including, without limitation, laboratory equipment, office equipment, portable equipment, spare parts, tools, blueprints, plans, engineering reports, as -built drawings, surveys, licenses, and approval documents, which items are set out in Exhibit "D"; and all information in possession of the Company which pertains to or would aid Purchaser in obtaining the above described Subject Assets. All property included in said inventory will be included in the above described water and sewer utility systems -and assets. 4 A copy of the operating permits issued by all concerned governmental agencies together with a description of the status of said permits as of the date of execution of this agreement, shall be supplied and attached hereto as Exhibit "E" and by reference made a part hereof; a copy of the billing register of Seller as bf the date of execution of this agreement, shall be attached hereto as Exhibit"F" and by reference made a part hereof. 3. Purchase Price: Purchaser agrees to pay Seller and Seller agrees to accept as the purchase price for the Subject Assets, and as consideration for all of the undertakings herein contained on the part of Seller, a total purchase price of $225,000.00, and the purchase price of the assets of Seller shall be allocated to the following assets, described in Paragragh 2 herein, in the following amounts: 2 (a)--------------------------$ 5,000.00 2 (b)--------------------------$ 51000.00 2 (c)--------------------------$ 5,000.00 2 (d) -------------------------- $217,000.00 2 (e)--------------------------$ 3,000.00 Purchase Price $225,000.00 4. Conveyance of the Subject Assets: All of the Subject Assets shall be conveyed by Seller to Purchaser free and clear of all encumbrances by Warranty Deed, Bills of Sale with general warranties of title, Instruments of Conveyance, and assignments of Contracts as may be required to transfer, assign, and deliver to Purchaser the Subject Assets. Company will give Purchaser a Quit Claim Deed for all properties, easements or other MAY 51982 -3- P,K 4.9 PA E563 F�ii, 5R4 MAY 51982 interests in Real Property the Company may own in connection with the utility system in the franchise area. Said Bills of Sale, Instruments of Conveyance, and Assignments shall contain appro- priate provisions to clearly show that Seller shall assign to Purchaser, and Purchaser shall assume and agree to perform, all continuing obligations of Seller disclosed on Exhibit "I" that relate to the ownership and operation of the Subject Assets and all franchise and operating permits issued to Seller for its Indian River County operations. After closing, the Seller shall have no further obligations under the franchise issued to it by the Purchaser. The Subject Assets shall be conveyed subject to all zoning, subdivision and residential restrictions and easements of record. Seller shall provide prior to takeover a title insur- ance binder and provide at closing a Final Policy showing insur- able title to the systems being conveyed. 5. -Conditions Precedent to Closing: Prior to or at closing, as the case may be, the following conditions must be ful- filled: (a) As to Purchaser: Purchaser shall furnish to Seller an Opinion dated the date of closing in form sufficient and satisfactory to Seller from the County Attorney for Purchaser, to the effect that: (i) This Agreement has been duly authorized, executed and delivered by Purchaser and constitutes the legal, valid, binding and enforceable obligation to Purchaser in accor- dance with its terms. (ii) There is no litigation or proceeding pend- ing against Purchaser that would in any way affect the validity of this Agreement, the enforceability of any payment made by Purchaser to this Agreement or the performance by Purchaser of each and every obligation imposed upon Purchaser pursuant to this Agreement. (iii) Such other matters incident to the trans- action herein contemplated as may be reasonably requested by Seller. (b) As Seiler: Seller shall furnish the follow- -4- ing to Purchaser: (i) An Opinion dated the date of closing in form sufficient and satisfactory to Purchaser from Richard Bogosian, attorney for Seller, as to: Seller. (a) The due organization and existence -of (b) The due authorization for the execu- tion and delivery and the validity of this Agreement and all instruments and documents executed in connection with the closing. (c) The proper form, execution and de- livery, sufficiency, and enforceability in accordance with the respective terms of this Agreement, all Bills of Sale and other instruments of conveyance and Assignments by which the Seller con- veys the Subject Assets to Purchaser. (ii) An Affidavit executed by an officer of Seller stating that there are no debts�or obligations owed by Seller to any person whomsoever that create any lien, claim or encumbrance upon the Subject Assets which Affidavit shall comply in form with the Bulk Sales Law, subject to pending D.E.R. litigation. This Provision, however, shall not be construed to impose the duties of Bulk Sales -Law upgn this transaction which is exempt under said laws. (iii) County shall release any claim to the $1,000.00 per week escrow deposit order to be made by Ixora Utilities, Inc. into its own escrow account by Judge Sharp in the. D.E.R. litigation, Case No. 79-77. (c) Both parties recognize and agree that this transaction is contingent upon and closing shall not occur until; 1) The Purchaser receives a letter of condi- tions that is acceptable,to County from Farmers Home Loan Administration indicating conditions precedent to the Farmers Home Loan Administration's purchase of sufficient water and sewer revenue bonds to raise the purchase price and funds necessary to make improvements to bring the system into compliance with DER guidelines; and MAY 5 1982 —5— am 49 PAE 565 SAY 51982 �na� 49 PAw 7 , 2) The Purchaser obtains a consent order, that is satisfactory to Purchaser, from DER accepting the Purchaser's plan and timetable for implementation of improvements to bring the system into compliance with DER rules, regulations and guidelines. 6. Payment of Purchase Price and Closing: Closing shall occur within 30 days after the execution of this Agreement or within 15 days after the fulfillment of the conditions prece- dent set forth in Paragraph 5 (c) (1) or (2) whichever shall occur later. The date for closing may be extended upon the mutual agreement of the parties. The Seller acknowledges that Purchaser will be issuing water and sewer revenue bonds or other similar interim financing arrangements to raise sufficient funds to acquire the system and that Purchaser anticipates that a one hundred and twenty (120) -day period will -allow sufficient time for the place- ment of said financing. At closing Purchaser shall execute a promissory note on the following terms: Purchaser shall pay to Seller the full purchase price within one hundred and twenty (120) days of the date of execution of this Agreement, provided, however, if there are delays in the processing of Purchaser's financing Seller agrees that payment may be postponed for an additional sixty (60) days, however, Purchaser will be required to pay the prime rate then prevailing at Southeast lst National Bank as interest on the purchase price commencing on the one hundred and twentieth (120th) day from the date of closing. 7. Utilities Accounts Receivable: The Seller agrees that it will read the meters of all metered customers on or before the date of closing. Bills will be prepared by the Seller for each of the customers. These bills will include all amounts due Seller from customers to the date of closing. The bills will be sent to the customers of Seller with_payment to be made to the Seller. Seller will be responsible for the collection of all delinquent accounts receivable existing as of the date of closing. Purchaser will not be responsible for any accounts receivable and no credit will be given Seller for any accounts -6- receivable at closing. Seiler agrees to look to any d.eposi'Us Seller may have on hand for each respective delinquent customer for final payment. After closing Purchaser will have no responsibility to aid Seller in the collection of any delinquent accounts receivable whatsoever; however, all delinquent Seller accounts paid to Purchaser in error shall be paid to Seller in sixty (60) days. 8. Customer Advances in Aid of Construction: The Seller further agrees with the Purchaser that on and after the execution of this Agreement, it will not enter into any agreement with customers in the nature of customer advances in aid of con- struction contracts without the prior knowledge and written acqui- esence of the Purchaser. 9. Hold Harmless and Indemnification: (a) As to Seller: Company does hereby agree to indemnify and to hold Purchaser harmless from any and all obligations, expenses, costs, attorneys' fees, damages, penalties - or other liabilities of every kind and nature whatsoever which arise prior to the closing date, even though same may be asserted after closing, from (1) the ownership and operation of the Subject Assets; (2) all contracts, easements, licenses, fran- chises, service agreements, developer agreements, right of way agreements and other privileges and rights assumed by Purchaser; and (3) all obligations within the area served by the Subject Assets, to construct, maintain, operate, repair, improve, remove and extend the water and sewer utility systems which are a part of the Subject Assets and serve customers with said Assets with the exception of DER litigation Case No. 79-77; (4) claims of all creditors. (b) As to Purchaser: Purchaser does hereby agree to indemnify and to hold Seller harmless from any and all expen- ses, costs, attorneys' fees, damages, penalties or other liabili- ties of every kind and nature whatsoever which arises after the closing date from: -7- Pt�OK 49 Fd;Ec�67 MAY 5 - 1982 . MAY 51982 "I" obligations; (2) the performance by Purchaser of Exhibit (3) all contracts, easements, licenses, fran- chises, service agreements, developer agreements, right of way agreements, and other privileges and rights assumed by and dis- closed to Purchaser; and (4) all disclosed obligations within the area served by the Subject Assets to construct, maintain, operate, repair, improve, remove and extend the water and sewer utility systems which are a part of the Subject Assets and to serve cus- tomers with the Subject Assets. 10. Customer Deposits: Seller will give to Purchaser at closing a list of all customer deposits including the amount of each deposit and whether said deposit has been accruing interest and at what rate. Seller will maintain the deposits for sixty (60) days following closing and may deduct from the customers respective deposits any delinquency.. within sixty (60) days of closing, seller will assign and turn over to Purchaser all remain- ing deposits with a full accounting of any deductions. 11. Commissions: The transaction contemplated by this - Agreement is a direct, private transaction between Seller and Purchaser without the use of a broker or commissioned agent by either party hereto. 12. Survival of Representations, warranties, Covenants, Conditions, Commitments, and Agreements: All representations, warranties, covenants, conditions, commitments, and agreements contained herein or made pursuant hereto shall not merge with the closing hereof but shall survive the closing. 13. Closing: The closing of the purchase and sale of assets as contemplated by this Agreement shall take place in the County Attorney's Office on a date acceptable to both parties under the foregoing provision of this Agreement. If Seller or Purchaser has not fulfilled all of its duties and obligations to be performed under the terms of this Agreement prior to the time of closing, the other party may, at its option, extend th.-� zlate of closing. 8- _ closing. 14. Proration of Taxes: All taxes for the current year on the Subject Assets shall be prorated as of the date of closing. Seller shall pay to Purchaser all said taxes prorated to Seller at closing. By acceptance of said payment, Purchaser agrees to assume the obligation to pay all said taxes. 15. Closing Costs: Seller shall pay for documentary stamps on the deed and the title insurance on the real property and sewer and water system. The Purchaser shall pay the cost of recording the deed and any instrument of indebtedness. Purchaser shall pay for documentary stamps on the promissory note. 16. Condition of Subject Assets: Seller agrees and warrants to continue normal operations, maintenance and repair of the Subject Assets until the date of closing. At the time of closing, the Subject Assets shall be in operating condition. 17. Improvements: The Seller shall not make additional capital improvements, or investments in the Subject Assets unless it has written consent of Purchaser. Normal maintenance shall continue and not be considered a capital expense. The replacement of parts and repairs shall not increase the purchase price. 18. New Developer Agreements: Seller agrees not to enter into any new extension agireements-or developers'. agreements after the execution of this Agreement without first obtaining prior approval of Purchaser. 19. Execution of Counterparts: This Agreement may be executed simultaneously with two or more counterparts, each of which shall be deemed an original, and it shall not be necessary in making proof of this Agreement to produce or account for more than one executed counterpart. 20. Amendment: This Agreement may be amended only by an instrument in writing signed by each of the parties hereto. 21. Benefit: All of the provisions of this Agreement shall be binding upon and inure to the benefit of and be enforce- able by the legal representatives, successors, assigns, and nominees of the Seller and the Purchaser respectively. 22. Enforceability: This Agreement is being delivered and is intended to be performed in the State of Florida and shall MAY 5 1982 -9- P, , 49 PAKW9 ' °89OK 49 �nAbC MAY 51992 •570 be governed by, construed, and enforced in accordance with the laws of the State of Florida. 23. Entire Agreement: This Agreement contains the entire understanding between the parties hereto and can be amended only as provided herein. 24. Time of the Essence: performance of this Agreement. Time is of the essence in the 25. Eminent Domain: In the event that Purchaser does not acquire the subject utility under a purchase and sale agreement, it is agreed that the above values will be inadmissable as evidence by the Purchaser or Seller as to value in an eminent domain proceeding, 26. Additional Property: Sellers own two additional lots within the service area identified in Exhibit "J". Under this Agreement the land upon which rests the water and sewer plants may revert to Sellers. Purchaser agrees that it will not charge any water or sewer impact fees to said lots or land that may revert if said properties are used for one single family dwelling per lot. All regular County installation fees shall be charged. 27. Headings: The paragraph headings hereof are inserted for convenience of reference only and shall in no way alter or modify the text of such paragraphs. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the date set forth above. IXORA UTILITIES, INC. By Wit a" Pre' ident Witne� �`✓ r� c Wl s Witnes Witne-i�l Witness i ik�4 M -S7 w Nathhn Tanen— Barbara aneri Barbara Tanen BOARD OF COUNTY COMMISSIONERS OF INDIAN RIER COUNTY By Chairman Q• -1Q- y At orn , s ii6i�_.F6A3Y�- u'f.�a:.Si�dm''-t Fe t --- �EGAL1]85CnIP IOW_ ire r10 t AN R I VE'R ;' ARMg CO SUB Pafb 7,"2C T 2 / Or SOUTH REL 'E . CANAL; ��CEpT' n_ CT 4 LYING Npl� t H 210-'PT'SY'240 FT IN NI^J .COR AS.. BI: 6[).p 9D3, IQt/�`Ie1�iFt:;PL�1'Nt7I AS! - -- 6 pp !3 � LESS PA13Iw� A�' PAI �.�q�tA�` PaFC' ��l� �2' .AS �E31 ;•6 .FR. 9 E PAIRT .�S j rd I'ConA PA� N�° : A; fi�13 i PP t2S PP. PART OF TR >¢ S IPI X7;0 . DARK SUS Nd •4� A5 P8 j 6 pp 6i3 S. LESS FART OF TR 4 AS �N IXO'R , PAI; 7-27 E LESS THAT PART OF IN. 4, I N I XORAUPARK PLAT NO 17 , A`= P81 7 PP 36 L_ f All company water plants and sewer plants are located on the above described real property. Exhibit A Exhibit B Exhibit C _. MAY 51982 I}QOK 49 pAtE 5,71 nok 49 PMvF 57 MAY 5 1982 PERSONAL PROPERTY ACCORDING TO INVENTORY CONSISTING OF TWO (2) PAGES ATTACHED AND AS -BUILT DRAWINGS PREVIOUSLY SUBMITTED TO COUNTY ADMINISTRATOR. EXHIBIT D IXORA - INVENTORY OF MECHANICAL EQUIPMENT Sewer Plant (Compression Room) #1 Compressor Yeoman's rotary compressor size 25, Serial #9526, U.S. Motor 5 H.P. Madison - Kipp lubricator, Model #S.V.-18384-A Aux. Power Unit, Wisconsin, Model AGN, Size 32 X 4, Serial #3110693 #2 Compressor Yeoman's rotary compressor size 25, Serial #5619, U.S. Motor 5 H.P. Madison Kipp lubricator, Model #S.V.-18384-A 1 Powers 3 -way valve 1 control panel 1 air storage tank 42" DIA X 113" LGth 3/16" shell work pressure 50 psi Chlorine room 1 W&T V -notch chlorinator, Model 0741,.304 Day, Serial #DD 18354 1 3 port manifold 1 watts #900 3/4" backflow preventer 1 1000" cap platform scale ?r 1 finary clarifier and Imhoff type tank 1 Sludge return pump (75 GPM) 1 1 H.P. U.S. Motor Ejector station 2 100 gal. yeoman expelsors '-- 2 Powers 3 way valves i sump pump 1/4 H.P. Motor Trickling Filter 1 Yeoman 6" distributor (18 FT. dia.) (4 arms) Final Collector (Humus tank) 1 collector assembly w/Janette type P5-1 gear Motor 1/4 H.P. 1 recirculation pump w/12 W.S. motor 1 Motor control panel MAY 5 1982 F.A;F 573 MAY 51982 Water Plant (Well Field) x®09 #2 well 1 - Deming pump w/72 H.P. G.E. motor,150 gal/mi,n #3 well 1 - Peerless pump w/10 H.P. W.S. motor, 200 gal/min Storage 1 - 25,000 gal. conc,tank w/aerator Pump House 2 Monbloc pumps (Reliance) w/10 H.P. motors Pump #1 2DN62, Serial #A203350, 64" Imp, 250 gal/min Pump #2 2DN62, Serial #A200226, 64" Imp, 250 gal/min Chlorine Dosing Pump 1 F.M. - BB61OBF w/2 H.P. F.M. Motor Air Compressor 1 - Quin cy Model X8 w/ 3/4 H.P. Peerless Motor High Pressure storage tank 1 - 3000 gal cap pneumatic w/6" Rockwell flow meter 0 49 :U��FS74 Criorine Room 1 - W&T V. Notch Chlorinator, Model A-741 - 50#/day, Serial #DD15873 I - 1000# cap platform scale 1 - Motor control panel t 0" )L•�• 1 Aux. Generator 1 - 240 ccs.. in.Ford Industrial Engine (Propane), w/30 KVW Anan Generator, 240 volts plus automatic transfer unit 1 - Chlorine gas mask (acme) canister type Lift Station 2 Peabody Barnes submersible pumps, Model SE203 - 2 H.P. 230 V 3PA 1 Peabody Barnes Control Panel Lawn Mowers 1 - 12 H.P. Sears (42"cut) N.G. 1 - 22" Sears push N.G. r THERE ARE NO OPERATING PERMITS ISSUED BY THE STATE OF FLORIDA AT THIS TIME. �r 4 EXHIBIT E MAY 5198' BOOK PAGE 5 5 eaoK 49 r 5'79 MAY 51982 BILLING REGISTER ATTACHED HERETO CONSISTING OF SEVENTEEN (17) PAGES. EXHIBIT F 1 t Y AN t 1 1 t 299.20th RE IME 6 11 11IIMmllI � o ' N 111��1� mill I 11 ■� �1■�iBglonIN 101 El ■I■IN�Ilamli ii 111111/1 �jl1o'n11 111111 Ifl �A1� ,: . : wl �i�■1 16Ill IN � IIE _ - ION liiiinI�I �1l� 1■I uIN .+ , . 1� EI■ 1� I 11 ■1 1■I�1 ilk'■i ��I �■ N mill 1Iin ' 1 1;■ ■I NMI ll1'ltii1�a=1es��� � n IN loll 11 1 11 I Hill in�■I 1 111■' IB ■ Nim�■11� �■ 1 NINE IN I 11 i 111 R �I�N��1li�IISI�N�NI� I�1 � • `_ .- ; . . 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X0111116 -Diff r 'S F � �BPIiY10 BY ' t .--F Fn/-C;. --F T - Ir WR. Sft. :' . C01'1 PSN B�__TOTAL _DATE_^BAL_ A14T CHG : CHG.. OR C$ _Ai�iT P6D PD OR CF =14AME _MMT _ � -- 115 -Barry Ry n. -.._________.__ T 2323. 1st P1. _S� W,-- -- ._ —. --- `1—,.-2333 1st P1. S. W WW! ! I loll 111111111111111111111111111111011111 milli rl I WERE IIImIm1II 11010111111110101111 Ilion 1101 limillilimi lIIl1IIm1mIlIII I 1 1111111 millillimillillill oil 1011011111010 illimimillillinisilliiiml III milli 11 mi HIS v mmimmom NINE __ Preparep 6r I� I 14 Richard Mr. oil MEN 01011111110101111111011 mini, 11111ff1mlm11I IN III I I MEN 1 1101 Hill loll Omni .0 111 ii�� . s - j : Prrya,ea 0r ` Alwre,p2 B; WR SR COI1N PHN BAL TOTAL AIT DATE _ BAL ---NAME _ A14T AMT CHG CHG OR CR AMT PD PD OR C 164 Rodney T llman-- 2333 2ndijSt..D.. W, -- -- 1 i5 .0 f a DSII n ! TI Tir- I -- -- (� �i� i t l 2z!4 nd' Fli.! .114f i (! - I I.I . .{. -I' ! -.L�- -I � .�_{11 _ 1, }}�- • 166 Nild�d- 1, l li U ji I lill ,- iI II r!iIl I (!I i f li i . _LD•eA� �C� �fl.Pit�-�- -- - �-- — -t- -• �-t-I --�, -1II -+- i I i i - 167 - ' 2323 2nd St S. '�•-- � i I • ! i I�� ! I ! I I t -16$ Albert Longcore� I i' ?313 nd, .� t;. r • I 3 I i 11 1 ..169 Donald Oliver. _I_ _ _ w ' --- f I � !I a , 2244". ook'sj Cr_t' ' i -- _ ! I C I I I__i III •• ! 1 Q l � I; I � ndllSti, � ---� ,2253 nd 2 _.12 x— II y!. 2234_ _QO �C! SI.-Cr_rt+-� _ + J- I i -- - j � I 5 1. '3 , la Ryan ,I r 5 2:43i ndi; St'. I ! i I I li j - — --- t �- ... .1�4 2 33I ..j{j{��-ndii St's.:' -- ` I— ol I; 2 p st a- illil t 1-t- j• � +� 176._u Dadl I--- - d_1...� 5, -- FM --- �d i�it Td' l t" ! : — I L -- l 2,0,1+- .0".or-�- � I, i - �! j .' 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AWa,ert 3y --�— — -- _. 1L_—? r -= 196 If ..._ . _ 2453 2nd`{ F lj I T A I rti Wh 241 rd I, is 1.98 Sim ;I e l 200 _r1ry _ es�s i .: j! 25Q3 nd I� 3 i' 201 L, 7oodco 14'1. 9454 3rd:1 5i i eQ' _2 .T 71 I II j rd'.: ell I E _43 Ry fus Re' i Co zo ' 1 .5 1 4 jj t$� 2 6 Sa.m. 224:. rd �I ipl ' F 207 .ed_ or II 2 2533 2nd I- I ?3 1 1 I I 14 .2 k1 t 1 i ;5 ;� 12 9j.T�TlbZ F 2�3�Fj q - 3 i 211 �s:. j 1 1 MIME 11 I 1 milli In, I Oil ■I 11 111 HIM I Fill s ■ OR 11111 111 i 1 III I oil 1; BOOK r 7 111816 � UBIe i r-- Prapated By ��-- APprtved By i - -- -- -- ��H SR CONN— CONN`—PET--BAS- 'T0T=---- .- AMiT _ --- DATE _ BAL- - -.._ NAN.E_ __..___.- _-. --_AMT-_�NiT CHG cHG__DILCB__-ANS_. _-_ __PD.-..____ - _ .1•D_-__ _ OR CR li 212 VJm. H,,+rpphrey IL 2563 2nd IFI._.S... I i 213 -_ 2554: rd!st1.;S�.j. r 214 John iminski ! . I.. ' I 25.64 3rd St, 1.2 Iii' ne 1 a 2 th Avl _IS 2-2 j 2 it , - + (. 3 j 13t2: R41: W. 1986: 1.st; Pi! i �rt i, 5!' 412 John Chapman 1980.Ast::Pl. 3,� 5-2 Richa Fro-' h _ i97.6- st "r1 fi 6-z vi xz R4 ul.6ri ' �st! P1.i. S. i 7 211� _ .,Z 8-2. 13 { WE Tn ra n .1960- � st l Y1 942 Geoi•gq Sampl®s-L_ i i ;i . 10--,2 Chas. Linn, Sr j .._._ 1950. Tst Pl.: S'' . l --r , 1=2; James ;J. ;,C1 X.'.--} i 19'76 - . t I. S 1940_ _.st..,Fj..S:.:_WI '13"2 -.-.Robert Turner_4-i 111t MEN IIIIHMIM I CC 1 11 Ell I Olin 10111 n NAME 2 4-2. Robert Lash 1930 lst 'I. S.-Wl ston: I 1920 1� 17-2. Jack 1-IcCorkle-L.1 19.16_ st :!iel 41 19-2. R. T Ramsey, 1911 st i:Plj'. 20 2 LrM _Ga in st! 2t. 3 12 J.-Ires TV*,-,rr.e r • 4,: 1931 .22-2: Kenne h GrawfoA 7 i r 1935- "3.2 H TA14.hiz 2 24 Thomas Kin 2Q_Ta_ xen,1iCp 25 2. may G G G G G ff C _14ron.lj .0 t, oma E Ridg 4q .Ta on ,Co lljti­ :'7�2_ 1 Charles Rowell- I 2 j 1.1951 st p! 0-! 2- 1 qQIJ IQ ch' ,0 PDX _25 Z9 ' urS ' 30-4. 6ailr!l.- d'ohn ton_ ?0 s. CourS, W. e� adder -4 WR SR- -.------COIIN -- --PEN --TOTAL - AMT DATE BAL A1,1T Al2 CHG C1fG OR CR Mr PD PD OR CE ■ ■ �i IN 1 11 1 IN I I 1 1 in 111111111111 MINE 0 MI MI MI IN I HOME Hill Hill IN IN ■ loll -2. Lillian. urof 30 1st Cqurt S 33 . 3� $Lauri 3 ;z Carl Jones,, --1 ?.G.o 2P1 I � 572. .!f . Henega 4p t ' 1s Cour 36--2. Wlbe'i t h'utti 5 .,ls �au7t _ 13 7..2 Theodore Are ' 56 -is _ CourtS. _ , E,8T2R. Carl I�y ..�. _ 69 Is _Court '9-2 tuzann© Shelli _ ;... 66 .ls C; urtl I ' . .1 �I a C--2 J s - � c vtt ` i o , ?6. isC urt .S 76,14 _ Court- S U1 27� Gnry �9�5. S �J �� Pati c L 3-2_ Mitchell hila ! �_ ..160 .2, thi .Avp.. ` '44r2 John II. Uhler - 184 9th,rave, 2.Os ax-Fawtes 250 z th� Av.e, 1�7-2_ Juliu , ?off 1 Y AuY 'L Ne �1: I. •1 1 1 t I� FINE ■ qu11111111 1 HEi i iii ; � �' i ■ 1 Ir.;l;aa F Oate vrepa•ee d. llar•rve; 6r WR SR-- - Co II�I.—IEN_--BA L- - TOTAL � T DATE BAL - PL'SA� ART Aid_ CHO CI C'i.- _ i 48-2 Anders Tizanger ; 310 20th �IAve.. S. W. It T O 1e � ! I I r5 1st 'qurt !W.'.- { 2-3Richa klutton: -=--f 1975-` i �3-3 RoherParrott,. _ — _ I 71._lfst It1: S !W. : 1 �_. I R_ _- ij E - --I- rottey I ii I 19E5 a�st r 1. S.! -W. ; I,-3 David ahp 2lat ur I t. C 'f t I6-3 4WORIRa I ;� 1st_Coprt_P:.IW., 3 Ra vid . h�#fttp�an ' '..� u.._ (. — i W _ _.. 1 -I I 1tI I {iI I i - -. 45 ls- cour ' '4I ! I 1 I ! , ' , 2, "��` 1 4- ` -3. Jin: Graney _! _ :_ - I - I -- -�-r I — --� i 2< !CII S 2^ 55: Is .d4rG - 1 2`' •T - I � i I i ce Anthon , �_ � � ; I 2.. 6 CQ rt S I I i 2,r p ! - -- - 1 r ' 12. 4. �I 3 -1. James Carrot] - I 2e Alva., 41- -105. 20th Ave . I I I I 29 �_ I 1 I 1 I I i 130 I { ;) i , f � -1 � Fred � W. Jung, Jr. ' _ (— _ _ I � I -- � -.� � � � ; I ; 31 z 11 20hiv �Ii I I -I 132 40 Chatham, -1f t . _. ._ _ z I (,� i t., -14 nell z12� 220 h. v a. DRi I --� 1 I - } I - -- 13 s 36 I - -i - I I 37 I; ;1 -11 - L'205 20-,11 138 39 =1'._Z�yrorid A. Burk) 40 A. I11.'22 - 20th at •III ; ; _ , 1 _ it I I lilt I ]I- ~r i -- �— { -4 �. 4^ MAY ' 51982 -ti - THERE ARE NO EXHIBITS G AND H IN THIS AGREEMENT. 49 F,4GF594 THERE ARE NO CONTINUING OBLIGATIONS OF THE SELLER. EXHIBIT I MAY 51982 m 890K 49 PAE 595 k. MAY 5198P r LOT 11, BLOCK 6, IXORA SUBDIVISION, PLAT BOOK 6, PAGE 8 AND LOT 18, BLOCK 2, IXORA SUBDIVISION, PLAT BOOK 8,.. PAGE 2. EXHIBIT J took 49 P�u596 APPEAL OF HUMANE SOCIETY SITE PLAN APPROVAL The above matter was removed from today's agenda due to complications that have arisen pertaining to purchase of the property. PRELIMINARY PLAT APPROVAL - FLORENCE ACRES SUBDIVISION The Board reviewed the following memo: INDIAN RIVER COUNTY, FLORIDA INTER - OFFICE MEMORANDUM TO: The Honorable Board of DATE' April 13, 1982 FILE: IRC -82 -SD -1 County Commissioners SUBJECT: REQUEST FOR PRELIMINARY PLAT APPROVAL FOR FLORENCE ACRES SUBDIVISION J..J Letter from Harlan L. Peterson FROM: David L. Greene REFERENCES: to Dennis Ragsdale, Staff Assistant County Administrator Planner, dated April 2, 1982. DESCRIPTION AND CONDITIONS: The applicant is requesting Preliminary Plat Approval to divide approximately 9.4 acres into 13 lots. The site is located on the north site of Citrus Road (4th Street), approximatelv 1/4 mile east of 43rd Avenue. The Land Use Designation is LD -2 (up to 6 units/acre) and the present zoning is R-1, Single Family Residential (6.2 units/acre). ANALYSIS: Sixty (60) feet of right-of-way presently exists for Citrus Road which is designated as a primary collector requiring 100 feet of right-of-way in the County's Thoroughfare Plan. The developer proposes a 10 foot right-of-way dedication and the establishment of a 50 foot building set back line on the lot which abuts Citrus Road. This would allow additional right-of- way to be acquired as needed and ensure that setbacks required in the R-1 Zoning District would not be violated. The proposed fifteen (15) foot right-of-way dedication on the north property line, as requested by staff, will create 50 feet of right-of-way on 6th Street and compliment the County's Secondary Roadway System. The proposed subdivision was reviewed by the Technical Review Committee on February 2, 1982. The Indian River Farms Water Control District commented that the area was low and subject to inundation. The District has requested a detailed engineering; study of the storm water system to be submitted for their approval .prior to the proposed subdivision being approved. All other Technical Review Co=mmittee conk ent4. and recoT7_.cn: a—_-_' :_ have been included o_1 tie plat SAY 51982 77 enviiK 49 PA 597 . MAY 51992 STAFF POSITION: "fix .49 r.,,, - 1) The lots in the proposed subdivision are a minimum of 1/2 acre in size. This will result in a density of 2 lots/acre or less which is consistent with the Land Use Designation,' Zoning and existing land use of the area. 2) Staff recommends Preliminary Plat Approval be granted con- , tingent upon a detailed engineering,study of the storm water system being submitted and approved by the Indian River Farms Water Control District. Harlan Peterson, engineer for Florence Acres Subdivision, informed the Board that this is planned for 13 half acre lots, or a density of about 1.5. He reported that 4th St. presently has a 60' right-of-way, and the developer proposes to dedicate 10' making it a 70' right-of-way; he will also make a 15' dedication at the extreme north adjacent to 6th St., making that a 50' right-of-way. Discussion ensued, and it was noted that serious questions -- have been raised about drainage in a letter from John Amos of Indian River Farms Water Control District. Planner Dennis Ragsdale reported that Mr. Amos had indicated to him that he -was just making comments based on known problems in the area and had stated that it would be agreeable to him if the drainage were approved by our County Engineer. Chairman Scurlock inquired if there was any problem with preliminary approval based on a detailed engineering study, and Mr. Peterson did not feel there was. Commissioner Lyons noted that a problem re contamination of wells apparently was raised at the Technical Review Committee Meeting. Mr. Ragsdale noted that Mr. Allen of the County Health Unit is always very concerned about this possibility, but believed he can regulate the need for fill and take care of it in that way. Commissioner Fletcher inquired about the amount of fill needed to meet the elevation required by the Health Department. Mr. Peterson stated that the City requires that the elevation be 18" above the crown of the road, but the Health 78 Department is governed by location of the septic tank rather than the street, and he did not know what elevation would be acceptable to them. Commissioner Fletcher stated that he had a problem with granting preliminary plat approval without that information. Peter Sabonjohn, developer, reported on two houses which he and his brother built in this immediate area at an elevation about 20" above the crown of the road, which houses have no existing problems with plumbing, etc. County Engineer Jim Davis pointed out that this area is included in the -City -County Drainage Study and reported that the subdivision to the east has incorporated very wide swales, which has worked very well in retaining the water. Commissioner Wodtke commented that 'our staff recommended approval contingent on a detailed study of the storm water system, and he believed it is up to our Engineering Department to determine what meets the requirements. Mr. Amos has indicated that would be acceptable to him. Commissioner Fletcher expressed concern about the County Engineer being relied on to design drainage, and it was noted that Mr. Davis just analyzes the plans submitted. Mx. Davis informed the Board that he has reviewed this plan and feels it is adequate though not oversized. The system at Bentwood Terrace next door is very similar and we have had no problems with it in two years. Motion was made by Commissioner Bird, seconded by Commissioner Wodtke, to grant preliminary plat approval to Florence Acres Subdivision subject to staff's recommendation that a detailed engineering study of the drainage system be submitted and approved by the County Engineer prior to final plat approval. Commissioner Lyons stated that he would vote for the Notion but wished it understood that we expect the drainage to be on the adequate side rather than the skimpy side. MAY 5 1982 ,y 49pw 5 MAY 51982 The Chairman called for the question. IONA9Fa r; Q It was voted on and carried 4 to 1 with Commissioner Fletcher voting in opposition. PRELIMINARY PLAT APPROVAL - DIXIE TERRACE SUBDIVISION The Board reviewed the memo from staff: TO: The Honorable Board of DATE: April 16, 1982 FILE: IRC -8I -SD -20 County Commissioners SUBJECT: REQUEST FOR PRELIMINARY PLAT APPROVAL FOR DIXIE TERRACE SUBDIVISION C>—L9d, Letter from Harlan L. Peter - FROM: David L. Greene REFERENCES: son to Dennis Ragsdale, Staf: Assistant County Administrator Planner, dated April 2, 1982 DESCRIPTION AND CONDITIONS: The applicant is requesting Preliminary Plat Approval to divide approximately 34.24 acres into 48 lots. The site is located on the north and south sides of 13th Street, S.W. (Kelly Road), east of the Lateral "J" Canal. The land use designation is LD -2 (up to 6 units/acre) and the present zoning is R-1, Single Family Residential (6.2 units/acre). ANALYSIS: Access to the proposed subdivision is through Dixie Heights Subdivision. The existing toads ate unpaved, poorly drained, and are not adequate to provide primary access without creating an adverse impact on the County's maintenance program. Kelly Road is designated as a secondary collector which crosses the Lateral "J" Canal on the County's Thoroughfare Map. Secondary collectors require 80 feet of right-of-way. The applicant proposes to dedicate a fifty foot right-of-way extending the existing Kelly Road. A 35 foot building setback line would also be established for those lots fronting Kelly Road. This would allow for future right-of-way expansion and for adequate setbacks as required in the R-1 zoning district. An out parcel exists adjacent to the Lateral "J" Canal in the path of Kelly Road. This may cause complications when the right-of-way through this parcel is required. The developer has also agreed to dedicate 15 feet of right-of- way on the east side of the subdivision. This will create a 50 foot right-of-way on Fairview Road and be a compliment to the County's secondary roadway system. The proposed subdivision was reviewed by the Technical Review Committee on January 5, 1982. At the recommendation of the Committee the Subdivision was redesigned. The revised plan was reviewed by the Public Works and Planning and Zoning staffs. The revisions compliment the County's Thoroughfare Plan; however; the out parcel remains in the path of Kelly Road. All other Technical Review Committee comments have been adequately addressed. STAFF POSITION: 1) The lots in the proposed subdivision are a minimum of 1/2 acre. A density of 2 lots/acre is consistent with the Land Use Designation, zoning, and existing land uses in the area. 2) Using Kelly Road for primary access to the site will create adverse impacts on the road and on the County's maintazance operation. In the past, County Commission policy has been that the paving of Kelly Road and related drainage improvements shall be by Special Assessment Or- dinance (81-27) or by inclusion on the County's 5 year road improvement plan, funded by the Transportation Trust Fund. RECO11IMNDATION: Staff recommends a motion including the following: 1) To grant preliminary plat approval to Dixie Terrace Sub- division and; 2) As provided in Ordinance 81-27, the County Commission initiate action resulting in the improvement of Kelly Road between Old Dixie Highway and the subject property. - Harlan Peterson, Engineer for Dixie Terrace Subdivision, reported that this 34 acre property is planned for 50 half acre lots, which gives a density of 1.5. It is located four blocks south of Oslo Road and is on the ridge. Discussion ensued. as to the fact that 13th St. SW (Kelly Road), which will be the entrance to the proposed subdivision from Old Dixie, is unpaved, and County Engineer Davis reported that 13th St. SW is nothing but a sand road, and in Dixie Heights Subdivision immediately to the east, many of the roads are not maintained; some actually are mowed. Chairman Scurlock asked if the developer had any problem with staff's recommendation re improving Kelly Road as provided in Ordinance 81-27,.and Mr. Peterson stated they did not. Lengthy discussion followed regarding the need for planning for the future when Kelly Road may be a major thoroughfare and how best to deal with the problem of improving this road. It was noted that this is not a high economic area and further noted that we have in the past required the developer to improve a road out to the -nearest travelable road. 81 1 •• The possibility of having r. 1 mok 49 MAY 5198 the developer improve the road to County marl standards was brought up. Engineer Davis emphasized that the problem with Kelly Road is that it is very sandy soil, and water runs off the ridge and erodes the road very quickly. Discussion followed on paving by the assessment method and utilizing the 1/4 mile north and 1/4 mile south program. It was felt this could cause some overlap problems, and Dan Fleischman, resident of the area, stated that the lots in this area run from street to street and people would have to pay for paving two streets. Motion was made by Commissioner Lyons, seconded by Commissioner Wodtke, that preliminary plat approval be granted to Dixie Terrace Subdivision with the understanding that the subdivider will pave Kelly Road from 5th Avenue SW to Canal "J" in accordance with County standards. In further discussion, it was noted that Mr. Sabonjohn does not own the two chunks fronting on Kelly Road shown on the following map as white areas. 82 I I - - � i .✓N: 0 / f� Mit i r / 1 ti 5TH 0 MO p I' {:•:• :':::': r m m ->C IM I� i4 to d : ((n D M IX D O O Z - ' SUNSET ROAD I �iRt z �. i 7 j c O (� OC cn �jv j z _ �Y. _r •' rnW 71 rj u' -� Z_ -� X C7 N r <L4N ra v' SW I AVE. 3RD U � A V1 to f A CD I to '• r � _� m �1 CO / z A conference was held with Mr. Sabonjohn and Mr. Peterson, and it was determined that Mr. Sabonjohn has bought back the one piece in the middle of the property. 83 MAY 5 1982 It was noted that wK . 49 PAV, Q X M rn j o m 33 33 N D I M _ N D � C 0 I I - - � i .✓N: 0 / f� Mit i r / 1 ti 5TH 0 MO p I' {:•:• :':::': r m m ->C IM I� i4 to d : ((n D M IX D O O Z - ' SUNSET ROAD I �iRt z �. i 7 j c O (� OC cn �jv j z _ �Y. _r •' rnW 71 rj u' -� Z_ -� X C7 N r <L4N ra v' SW I AVE. 3RD U � A V1 to f A CD I to '• r � _� m �1 CO / z A conference was held with Mr. Sabonjohn and Mr. Peterson, and it was determined that Mr. Sabonjohn has bought back the one piece in the middle of the property. 83 MAY 5 1982 It was noted that wK . 49 PAV, Q I 49 P�t�F64 MAY 5 198Z approximately 1/3 of the property fronting on Kelly road does not belong to Mr. Sabonjohn. Mr. Peterson discussed doing the subdivision in phases and brought up the possibility of coming back for final approval on a portion of the property. Attorney Brandenburg stated that the portion on which they obtained final approval would have to be shown as a separate plat. The Board emphasized that the road must be dealt with first. Discussion continued as to the condition of 13th St.SW (Kelly Road), and Engineer Davis stated that it is passable, but a very high maintenance problem. He felt the maintenance problems caused by water coming down off of the ridge could only be eliminated by paving the road. Chairman Scurlock stated that he had a problem with requiring a developer to pave in front of property that he does " not own, but he did not have a problem with requiring him to pave in front of the property that he does own. Further discussion ensued.as to the fact that Mr. Sabonjohn does not own the chunk of property fronting on Kelly Road next to Canal "J". Commissioners Lyons and Wodtke agreed to amend their Motion to grant preliminary plat approval to Dixie Terrace Subdivision subject to pavement of Kelly Road from the west boundary of the Mr. Sabonjohn's property to 5th Avenue SW to standards of a secondary collector road, including right-of-way, drainage, etc., this to be done as part of the first phase. The Chairman called for the question on the Motion as amended. It was voted on and carried 4 to 1 with Commissioner Fletcher voting in opposition. FINAL PLAT APPROVAL TIMBERWOOD ESTATES SUBDIVISION The following staff memo was reviewed: 84 TO: The Honorable Board of County Commissioners DATE: April 23, 1982 FILE: IRC -80 -SD -14 #228 PLAT APPROVAL SUBJECT: FORUEST TIMBFORERWOODNAL ESTATES SUBDI- VISION Letter to The Board of FROM: REFERENCES: County Commissioners of David L. Greene Indian River County, Florida Assistant County Administrator from S. P. Musick, 4/5/82 DESCRIPTION AND CONDITIONS: The applicant is requesting Final Plat Approval for Timber - wood Estates Subdivision. The proposed subdivision is on a 10.8 acre parcel of land which will -be divided into 18 lots. _ The site is located on the north side of 8th Street (Glendale Road) approximately 600 feet west of 27th Avenue. The present zoning is R-1, Single Family Residential (6.2 units/acre) and the Land Use Designation is LD -2 (up to 6 units/acre). ANALYSIS: Timberwood Estates Subdivision received Preliminary Plat Approval in the County Commission meeting of March 3, 1981. The engineer of record has certified that all improvements have been constructed in substantial conformity and in accord- ance with the Indian River County Subdivision Ordinance and the Approved Preliminary Plat. Public Works Director has conducted a final inspection and confirmed that the subdivi- sion has been developed according to approved plans. The lots in the proposed subdivision will have a minimum lot size of 1/2 acre. The resulting maximum density of 2 units/acre complies with the existing zoning and does not exceed maximum densities established in the Comprehensive Plan. The Final Plat documents have been reviewed and inspected by the County staff. All staff comments have received appropriate attention. RECO'11 IENDATION : The staff recommends Final Plat Approval be granted for Timber - wood Estates Subdivision. On Motion by Commissioner Wodtke, seconded by Commissioner Bird, Commissioner Fletcher voting in opposition, the Board granted Final Approval to Timberwood Estates Subdivision as recommended by staff. MAY 5 1982 Ana 49 PA6f 605 MAY 51982 A tl 9 r� spas PUBLIC HEARING - ORDINANCE RELATING TO LICENSING OF CABLE TV COMPANIES The hour of 3:00 o'clock P.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River County, Florida COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a NOTICE in the matter of Public Hearing Ord. 82 in the lished in said newspaper in the issues of April 17 t 1982 Court, was pub- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. L Sworn to and subscal! r day of April A.D. 1982 usiness Manager) Circuit Cour than River County, Florida) (SEAL) Attorney Brandenburg noted that Board NOTICE OF INTENT TO CONSIDER COUNTY ORDINANCE Please be advised that theBoard of County Commissioners of Indian River County will hold a Public Hearing on May 5, 1982, at 3:00 P.M. in the. County Commission Chambers, County Administration Building, 1840 25th Street, Vero Beach, Florida, to consider adoption of the following Ordinance which provides for the licensing of cable television companies: INDIAN RIVER COUNTY ORDINANCE t NO. 82—AN ORDINANCE PROVIDING FOR THE LICENSING OF CABLE TELEVISION COMPANIES OPERATING IN THE UNIN- CORPORATED PORTION OF INDIAN f RIVER COUNTY PROVIDING FOR; AP- PLICABILITY; DEFINITIONS; LICENSE REQUIRED, LICENSE APPLICATION PROCEDU RE; CHANNEL REQUIREMENTS; MINIMUM RECEPTION STANDARDS AND SIGNAL QUALITY REQUIREMENTS; PERMIT -AND EASEMENT REQUIREMENTS; FEDERAL COMMUNICATIONS COMMISSION -PETITIONS AND LICENSES; CHANGE OF OWNERSHIP, CONTROL OR TRANSFER OF LICENSE; LIABILITY AND IN- DEMNIFICATION; PAYMENTS TO COUNTY; NON.EXCLUSIVE lILENSE; LICENSEES' ,BOOKS AND RECORDS; OTHER PERMITS AND LICENSES; RESERVATION OF COUNTY RIGHTS IN RESPECT TO LICENSES: SAFETY REQUIREMENTS; RATE AND IN- STALLATION SCHEDULE; OPERATION AND MAINTENANCE; PREFERENTIAL OR DISCRIMINATORY PRACTICES; CONSUMER PROTECTION PROVISIONS; PERMIT REQUIRED; .RELOCATION OF FACILITIES; JOINT OR COMMON USE OF POLES; GROUND FOR REVOCATION OR SUSPENSION OF LICENSE; PROCEDURE i FOR REVOCATION OR ?SUSPENSION, . REVIEW OF ADVERSE DECISION; TER- MINATION AND CANCELLATION OF LICENSE BY RESOLUTION AND RIGHTS RESJERVED:BY COUNTY; PROCEDURE FOR CORRECTION OF ERRORS IN ISSUANCE OF LICENSES; PERMITS GRANTED PRIOR TO THIS ORDINANCE; ACCEPTANCE OF BENEFITS; PENALTIES AND MISCELLANEOUS PROVISIONS; CONFLICTING LAWS, PRE-EMPTION BY FEDERAL COMMUNICATIONS COM- MISSION RULES AND REGULATIONS OVER ORDINANCE PROVISIONS; IN- CORPORATION OF ORDINANCE IN i COUNTY CODE; SEVERABILITY; AND EFFECTIVE DATE. 1. If any person decides to appealany decision made on the above matters, he -she will need a record of the proceedings, and for such pur- poses, he -she may need to insure that a ver- batim record of the proceedings is made, which record includes the testimony in evidence on which the appeal is based. Aor. 17, 1982. previously discussed the proposed Ordinance in a workshop session and he incorporated those changes where a consensus was reached. Since that time he reported that he received a letter from Attorney Byron Cooksey representing Florida Cablevision indicating their posture on the Ordinance to which he prepared a response item by item which he would like to review with the Board. Said documents are as follows: 4 • LAW orrlcca or Z GOULD. COOKSEY. FENNELL, APPLE©Y, BARKETT & CYNEILL PROFESSIONAL ASSOCIATION 1 Iii ?M`J JOHN R. GOULD ell BYRON T. COOKSEY r DARRELL FENNELL 979 BEACHLAND UOULEVARO FRANK M. APPLEBY VERO BEACH. rLDRIDA 32960 LAWRENCE A. BARKETT TELEPHONE (305) 233•1100 EUGENE J. O'NEILL v MICHAEL J. HANLEY Oua FILE N0. MEMORANDUM 526 • `L O TO: GARY BRANDENBERG n��, 1�� ,91982 cfv FROM: BYRON T. COOKSEY c^.ro C . Eij, W �r DATE: APRIL 23, 1982 of �0) RE: PROPOSED I.R.C. ORDINANCE #82 Z[ Ll 060 In reference to the above I. am e� os i n a t_� i n __getters from the F.C.C. Counsel for Florida Cablevision in which they answer questions ; which cablevision asked in regard to the proposed franchise. These may be of assistance to you in your proposed revisions which will take place before or after the public hearing. In addition to these comments, I would like to advise you that Florida -Cablevision would like to make the following comments concerning certain revisions which would be more in keeping with normal operational -procedures. Theyareas follows: 1. Article III -.Section 3. We would like to recommend that in lieu of the fifteen (15) year provision contained in this section, be rewritten to read as follows: "The license shall be for a period of up to twenty (20) years shall be non-exclusive and may contain provisions for renewal for an additional ten (10) years". 2. Article III - Section 5B. We suggest that'the last sentence of Section B be written as follows: "When unused channels are available in the system, the county may require the company to provide one local origination channel to serve all governmental bodies and to provide free public access when and under such may be reasonably required by the county." We also suggest that the county franchise fee be a maximum of three percent (30) to be paid on basic cable installations and basic cable revenues only, and that, no fee will be paid on any premium or pay channels. MAY 5 1982 BPOK .. 49 PnE 6 7 _ MAY 51992 sor 608 3. Article III -Section 13B. We would recommend the first sentence of subsection B read as follows: "The licensee shall submit a report of it's operation showing, in detail, basic cable installations, and basic cable monthly revenues. You should note the letter from the F.C.C. attorneys, that no local governmental bodies may regulate pay cable or other auxiliary service rates. 4. Section 17. The rate of returns should be based on basic revenues only, and we refer you to the F'.C.C. letter in this regard. We would also suggest a C.P.I. adjustment.clause on rates effective every year, which is based on the previous year inflation rate. S. Section 18B. We feel the provisian concerning that only four hours to correct a service complaint or contact the complainant, is totally unfeasible in a business operation of any kind and suggest this be changed to twenty-four (24) hours on a business day. We believe the provision for twenty-four hour refunds should be deleted in its entirety. By way of explanation the current rate for basic service is less than twenty-five (25) cents per day and the accounting and bookkeeping cost of refunds�of this nature would be prohibitive. In addition, we feel that the franchise should be able to bill monthly, bi-monthly or yearly, since there are subscribers who find it easier to pay on those plans, which are available and are cost effective for the company. r TO: Board of DATE: April 30, 1982 FILE: County Commissioners Cable Television Licensing SUBJECT: ordinance --Letter of B. T. Cooksey to G. M. Brandenburg 4/23/82 (Numbered paragraphs below correspond to paragraphs in above referenced letter.) FROM: Gary M. Brandenburg REFERENCES: County Attorney 1. I would recommend adoption of the provision providing for a longer license period to read as follows; "The license shall be for a period of up to twenty years and shall be non-exclusive and may contain provisions for renewal for additional periods." . 2. I agree with the suggestion and recommend that the last sen- tence of Section 5B Article III read as follows; "When channels are available in the system, the county may require the company to provide one local orgination channel to serve all governmental bodies within the county and provide free public access when and under such circum- stances as may be reasonably required by the county." The second suggestion provides for.a limitation on the fran- chise fee making the fee only applicable to basic service revenues. The law allows counties to require license fees of up to 5%, in certain circumstances, on all revenue. 3. This suggestion only has merit if the County Commission concurs with the previous suggestion of limiting the application of the franchise fee to basic revenues. If the County Commission does _ concur with this suggestion, I feel that it can be better accomplished merely by redefining gross revenues in the defini- tion section. 4. I agree that the County Commission can only regulate basic ser- vice rates and installation charges and that the language in this section should be modified to. accomplish that end. Whether or not the Commission wants to incorporate a rate indexing provision is a totally discretionary decision of the Commission. 5. The provision regarding a four hour response time has proven to be successful and capable of being complied with by companies in'other Florida counties that have a much larger subscriber base than exists in Indian River County. Whether the County Commission desires to relax this provisio-n is also a totally discretionary decision. The provision regarding refunds for break in service is also a discretionary matter to be determined by the County Commission. I have no difficulty with the suggestion that the licensee be able to bill monthly, bi-monthly or yearly to certain subscribers. Mr. Cooksey's suggestions and enclosed letters from the FCC Council for Florida Cablevision have been very helpful. I believe the ordinance.as written with the above referenced changes meets all the requirements of law. MAY 51982 GMB/mg Resp ully sub -dry Brandenbu 6 Bopj� d, MAY 51982 .49 The Board proceeded to review the items in question as follows: (1) Article III, Section 3 - The Board had no problem with renewing up to twenty years with provisions for additional periods as suggested by Attorney Brandenburg. Mr. Crosby of Florida Cablevision had no objection to the wording suggested by Attorney Brandenburg. (2) Article III, Section 5B - Discussion followed in regard to providing one local origination channel to serve all governmental bodies within the county, and Commissioner Bird inquired how many channels there will be. Mr. Crosby stated that when they rebuild their system there may be anywhere from 20 channels to 52, and he suggested that they would then dedicate a channel for governmental purposes only. Attorney Brandenburg commented that this section originally read that the company would be required to provide a channel when we requested it. Now, when the channel is available and unused, the county may use it. The Board had no problem with this except Commissioner Fletcher did not like the idea of free enterprise having to give us a channel. Commissioner Wodtke pointed out that the company does not have to spend money to make the channel available and whatever governmental agency is going to use the channel will have to pay for the camera work, productions, etc.; they are just going to provide access to the channel. Mr. Crosby stated that Florida Cablevision has no problem with this. The Board next discussed Attorney Cooksey's suggestion that the county franchise fee be a maximum of 3% to be paid on basic cable installations andbasiccable revenues only - no fee to be paid on any premium or pay channels, and Attorney Brandenburg commented that the Federal Communications Commission and the law allow the county to charge 30 on all revenues. Whether to charge this fee on all revenues or just basic service is a discretionary matter for the Commission. Commissioner Wodtke wished to get a breakdown based on latest fees and revenues to determine what kind of a figure we are talking about. Mr. Crosby stated that he did break those figures down this morning, and noted that they do recommend that they pay the 3% on basic cable and installations only, which would amount to about $31,428. He noted that this cost would be in addition to the $13,000 Florida Cablevision pays in taxes, and also on top of $7,319 paid to the county by the subscribers through the recent 1% increase in Sales Tax. All of this in the period of a year would increase the county's revenue $52,547, which he felt is certainly adequate. Discussion on figures continued and it was determined that while 3% on basic services would be $31,428, 3% on all services would generate $43,916, or another $13,000. Chairman Scurlock noted there are three options - 0%, 3% on all, or 3% on basic services. Commissioners Bird and Lyons, as well as the Chairman, were agreeable to 3% on basic, and Commissioner Fletcher stated that he could agree with 1/2 of 1%. Motion was made by Commissioner Bird, seconded by Commissioner Lyons, to establish a cable TV franchise fee of 3% on basic rates. Mr. Crosby informed the Board that they are paying franchise fees to the City, of Fort Pierce and St. Lucie Village; also Sebastian and Palm Bay. Commissioner Fletcher noted that we have been getting along just fine up to this time without charging these people 3%, and he questioned why we have to be consistent with everyone around. The fact that the basic rate in the County is $7.25 per month while in the City of Vero Beach, it is $6.50, was brought up, and Commissioner Bird believed the cablevision company could MAY 51982 91 NOK 49 Pa;E sti 49 Fgc MAY 51982 justify some difference by the amount of customers per cable strand mile. Mr. Crosby agreed that density is the difference. He reiterated that if the published rates are checked, it will be found that his company is one of those at the bottom, and the fact that they do not pay a franchise fee has contributed to this. Discussion continued as to rates, fees, laws, etc., and the fact that things are not always equal, as demonstrated by the fact that we get a 6% franchise fee from Florida Power & Light and 0% from the City of Vero Beach. The Chairman called for the question on a fee of 30 on basic rates. It was voted on and carried 3 to 2 with Commissioners Fletcher and Wodtke voting in opposition. The Chairman asked if anyone present wished to be heard. William Koolage, interested citizen, commented that some years ago, when he learned that St. Lucie was charging a franchise fee while it was not charged up here, he felt he was being overcharged because he is paying the same amount they were paying down there, but the county was not getting a franchise fee out of it. James Harms of Village Green Mobile Home Park, expressed concern that the proposed ordinance is being used as a means to get taxes from mobile home owners, who it is felt are not paying a fair share of taxes. He spoke in defense of mobile home owners and how they benefit the community and felt the ordinance is out of order for this reason. It was noted that the proposed ordinance would apply to everyone, not just mobile home owners, and the Board assured him that they had never thought of this in connection with the proposed ordinance and it was not the underlying intent. Dan Fleischman stated that he would like to see the ordinance require that the cable TV company would have to 92 provide service to people within a certain distance of their lines. Mr. Crosby agreed this is a serious matter, and it is simply related to economics. He wished they could service everyone in the county, but was afraid there are people they may never reach. Commissioner Lyons asked if they were contemplating expanding in Mr. Fleischman's area, and Mr. Crosby stated that they would have to look at the area and write an estimate. Chairman Scurlock believed one of the, requirements in the ordinance is a master plan which will help determine where this service is going. (3) Article III, Section 13B - Attorney Brandenburg noted that if we just redefine gross revenues, the sentence Mr. Cooksey is conceriied about can stay the way it is. Mr. Crosby did not feel this is a problem, nor did the Commission. (4) Section 17 - Attorney Brandenburg agreed with the concept of the rate of return based on basic revenues only and suggested that in Paragraph A the word "basic" be inserted in front of rates. Commissioner Wodtke had no problem re not regulating their rate on Home Box Office, but did have a problem making a determination on a rate increase based only on the basics. He wished to know if they have the bookkeeping ability to separate out the charges for basic services. Mr. Crosby believed that their bookkeeping would have to satisfy the county.. He stated they could break most expenses out, but day to day maintenance would be difficult, and he felt this would have to, be figured out by percentages, number of service calls run, etc. It further discussion, it was noted that one investment provides income from both basic cable service and HBO. Commissioner Wodtke felt the only fair way for the county to Q 3 MAY 51982 WK 49 mr- 613 MAY 51992 get the complete picture is to look at total income and total costs, and the ordinance is not worded that way. Mr. Crosby felt this would cause a conflict because the federal government says you cannot control pay cable, and if all this is lumped together and the county determines they must lower the rates, the county is indirectly controlling the premium channels. After further discussion, it was generally agreed to insert the word "basic" in Paragraph A, Section 13B, as suggested by Attorney Brandenburg. (5) Section 18B - Attorney Brandenburg differed with Attorney Cooksey's statement that a four hour response time to service complaints is totally unfeasible. Commissioner Wodtke stated that he did not have any problem with a 24 hour response time. Discussion followed as to the Board's feeling that the time period is aimed mainly at contacting the complainant and acknowledging his complaint, rather than requiring that the complaint be corrected within that time. Mr. Crosby reported that he operates so that when his people get there, they fix the problem. He noted that when they get a service call, they tag it and the tag is not removed until the problem is corrected. Discussion continued as to responding in this time period when hundreds of people call in because there is a major breakdown, and Attorney Brandenburg felt this could be handled by having a tape recording that would merely inform the customer that there is a major break and they are, taking steps to remedy it as quickly as possible. The Board agreed that a 24 hour response time would be sufficient. Also under Section 18B, Attorney Brandenburg reported that he had provided that the subscriber would be given a rebate if service were interrupted for 72 hours or more. Attorney Cooksey contended that this provision should be deleted entirely. After some discussion, the Board agreed that this would be a severe bookkeeping' problem. They also felt that this is something between the customer and the company, which has to keep its customers happy, and it should be handled internally. In regard to the suggestion that the licensee be able to bill monthly, bi-monthly or yearly, the consensus of the Commission was that they be allowed to bill any of these ways. The Chairman asked if anyone further wished to -be heard. There were none. On Motion by Commissioner Wodtke, seconded by Commissioner Bird, the Board unanimously closed the public hearing. On Motion by Commissioner Lyons, seconded by Commissioner Bird, Commissioner Fletcher voting in opposition, the Board by a - 4 to 1 vote, adopted ordinance 82-7 providing for the licensing of cable television companies. MAY 51982 95 aga 49 PA; E'15 MAY 51982 INDIAN RIVER COUNTY ORDINANCE NO.82-7 AN ORDINANCE PROVIDING FOR THE LICENSING OF CABLE TELEVISION COMPANIES OPERATING IN THE UNINCORPORATED PORTION OF INDIAN RIVER COUNTY PROVIDING FOR; APPLICABILITY; DEFINITIONS; LICENSE REQUIRED; LICENSE APPLICATION PROCEDURE; CHANNEL REQUIREMENTS; MINIMUM RECEPTION STANDARDS AND SIGNAL QUALITY REQUIREMENTS; PERMIT AND EASEMENT REQUIREMENTS; FEDERAL COMMUNICATIONS COMMISSION PETITIONS AND LICENSES; CHANGE OF OWNERSHIP, CONTROL OR TRANSFER OF LICENSE; LIABILITY AND INDEMNIFICATION; PAYMENTS TO COUNTY; NON-EXCLUSIVE LICENSE; LICENSEES' BOOKS AND RECORDS; OTHER PERMITS AND LICENSES; RESERVATION OF COUNTY RIGHTS IN RESPECT TO LICENSES; SAFETY REQUIREMENTS; RATE AND INSTALLATION SCHEDULE; OPERATION AND MAINTENANCE; PREFERENTIAL OR DISCRIMINATORY PRACTICES; CONSUMER PROTECTION PROVISIONS; PERMIT REQUIRED; RELOCATION OF FACILITIES; JOINT OR COMMON USE OF POLES; GROUND FOR REVOCATION OR SUSPENSION OF LICENSE; PROCEDURE FOR REVOCATION OR SUSPENSION, REVIEW OF ADVERSE DECISION; TERMINATION AND CANCELLATION OF LICENSE BY RESOLUTION AND RIGHTS RESERVED BY COUNTY; PROCEDURE FOR CORRECTION OF ERRORS IN ISSUANCE OF LICENSES; PERMITS GRANTED PRIOR TO THIS ORDINANCE; ACCEPTANCE OF BENEFITS; PENALTIES AND MISCELLANEOUS PROVISIONS; CONFLICTING LAWS, PRE-EMPTION BY FEDERAL COMMUNICATIONS COMMISSION RULES AND REGULATIONS OVER ORDINANCE PROVISIONS; INCORPORATION OF ORDINANCE IN_ -COUNTY CODE; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, Article VIII of the 1968 Constitution of the State of Florida grants to County government the powers of self-government as provided by general or special law and authorizes the County Commission to enact County ordinances not inconsistent with general or special law, and WHEREAS, Florida Statute Section 125.01 grants to the various counties the power to carry on County government and perform any act not inconsistent with the law which is in the common interest of the people of the County including.but not limited•to the power to establish, coordinate and enforce business regulations as are necessary for the protection of the public, to adopt technical codes and regulations and to regulate arterial and other roads and related facilities, and WHEREAS, the Board of County Commissioners has control and responsibility of county roads and rights of ways and declares it to be in the public interest to regulate their use by cable television companies; to provide control over the method and manner of said use in order to prevent damage to the roadbed and to the entire width of the rights of way, including drainage -1- facilities, driveways, sidewalks and other public facilities; to determine the location of the cable in order to minimize disruption of the public use of the rights of way; to require licenses and payment of fees for operation of cable television within Indian River County and for the non-governmental profit making use of public rights of ways; and to provide consumer pro- tection by setting minimum standards for quality of service; and WHEREAS, this Board finds and determines the following licensing requirements to be necessary to protect the public interest, and that this Board has a continuing duty to the public to protect the public interest by the enactment and enforcement of this ordinance; and WHEREAS, this Board has found and determined that it is in the public interest to permit and authorize use of the public rights of way for cable television transmission, and this Board also desires to promote use of said cable to improve the quality of television or radio reception, to allow local program origination, leasing of systems, channels, signals, wire, cable, and pipes all in the best interest of the citizens of Indian River County, and WHEREAS, this Board determines that it is reasonable, necessary and in the public interest to require all persons, firms and companies desiring to operate cable -television -within the un- incorporated area of Indian River County and/or to use public rights of way subject to the control and jurisdiction of the County for the installation of cable television facilities to obtain licenses from the County to operate or.to use the public rights of way and to pay for said operation and/or use by an annual fee of three per cent (3%) of the gross revenues, as defined in this ordinance, derived from income produced from such cable use within the unincorporated area of the County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: TITLE This ordinance shall be designated and may be cited as the Indian River County Cable Television -(CATV) Ordinance. MAY 51982 —2— NO Su PAA -.7 b� MAY 51982 L ARTICLE I SECTION 1. LEGISLATIVE INTENT: APPLICABILITY 4 The legislative intention of this Board is set out in the preceding paragraphs of this ordinance. It is intended to regulate the operation of Cable Television within the unincorpor- ated area of Indian River County and to govern use of County main- tained roads and rights of way by Cable Television franchisees. It is not intended to regulate the quality of service or the rates charged to customers within municipalities which issue cable tele- vision licenses or franchises. A license granted under this ordi- nance does not authorize cable television facilities where prohibited by municipal ordinance. ARTICLE II SECTION 2. DEFINITIONS A. "Cable Television System (or CATV System)" means any facility operating within Indian River County that, in whole or in part, receives directly, or indirectly over the air or by other means and amplifies or otherwise modifies the signals transmitting programs broadcast by one or more television or radio stations and distributes such signals by wire or cable or other means to sub- scribing members of the public who pay for such service. B. "County" shall mean Indian River County, Florida. C. "Commission" shall mean the Board of County Commissioners of Indian River County. D. "License" shall mean the license granted to the app- licant for permission to install, operate and maintain a CATV system pursuant to this ordinance. E. "Permit" shall mean that permit required by Indian River County for construction of CATV facilities within public rights of way. F. "Distribution System" shall mean the various trans- mission cables and associated and similar facilities, devices, or methods including those facilities placed in, over, under, through or along the public rights of way for the transmission of signals from principal antenna or antennas or "headend" to subscriber connections. C. " Lead-in" shall be the individual lea: _ _ _ car cap c -3- from the distribution system to each individual household or con- nection. H. "Licensee" shall be the corporation, partnership, individual, or other entity granted a license under this ordi- nance. I. "Signal" shall mean any impulse, fluctuating elec- tronic quantity or source of image, message, sound or other indi- cator that serves as a means of communication or makes known or imparts thoughts, ideas, or data of any kind whatsoever. J. "Gross Revenues" shall mean gross subscriber revenue per year derived from supplying regular subscription cable television service, including installation fees, disconnect and reconnect fees, fees for regular cable television benefits (basic service), in the license area. This definition does not include revenues derived from premium or additional pay channels. K. "Public Rights of Way" shall include any County street, road, alley, or highway or public easement acquired by the County or the public by purchase, gift, devise, dedication, pre- scription, or otherwise within the unincorporated areas of Indian River County, and those roads and easements under the jurisdiction of the County within municipalities located in Indian River County. L. "Standard Installation" shall mean one which re- quires no more than two hundred (200) feet of standard lead-in cable to connect the subscriber terminal to the nearest distribu- tion system tap -off, where entry is made into the building through an outside wall adjacent to the location of the subscriber's tele- vision, where any internal wiring can be affixed to the surface of the wall or baseboard or placed in a readily accessible raceway and where the method of installation, either aerial or underground, is the same as is employed in the distribution system serving the sub- scriber. M. "Custom Installation" shall mean one which employs outside construction methods, either aerial or underground, dif- ferent from those employed in the distribution system serving the subscriber., where inside wiring involves installation of cable or MAY 51982 -4- 1982 419 P�� 6 0 MAY 5 ` wire in any attic, crawl space, or within the dead space area of any wall or other area not readily accessible or involving ex- cessive time, care or expertise, or which requires the use of more than two hundred (200) feet of standard lead—in cable or of additional amplification equipment on the subscriber's property in order to provide proper service. N. "Fiscal Period" shall mean a period of one year, beginning and ending dates of which shall be set by the licensee and shall be stated on the license. Fiscal periods of licensee, established prior to the date of this Amendment shall remain un- changed until a different fiscal period is required by the licen- see and approved by the Board of County Commisssioners. The County shall not unreasonably withhold such approval. ARTICLE III SECTION 3. LICENSE REQUIRED Any individual, partnership, corporation or other entity desiring to install and operate any cable television system in the unincorporated area of Indian River County shall apply to the Board of County Commissioners for a license pursuant to this Ordinance. The license shall be for a period up to twenty (20) _ years and shall be non-exclusive and may contain provisions for renewal for additional periods. It shall grant the privilege to install, construct, maintain and operate a CATV system of origination, transmission and distribution of electronic signals by cable and associated and similar devices including installation along, under, over, through,.across and upon the public rights of way in accordance with the additional requirements of this Ordinance throughout the area which is described in the license and for which approval has been received. Any individual, partnership, corporation or other entity desiring to install and operate any cable television system in the incorporated areas of Indian River County shall apply to the Board of County Commissioners for a permit, granting the privilege to install, construct, maintain and operate a CATV system or origina- tion, transmission and distribution of electronic signals by cable and associated and similar devices along, under, over, through, -5- across and upon the public rights of way under the jurisdiction of the County within municipalities located in the County in,accor- dance with such rules and regulations as may be approved by the Board of County Commissioners. SECTION 4. LICENSEAPPLICATION PROCEDURE; INFORMATION REQUIRED - A. The Board of County Commissioners shall investigate and inquire into the legal, financial, technical, and character qualifications of the applicant for a license under the provisions of this Ordinance. B. The Board shall be apprised of the adequacy and feasibility of the construction and service plans of the appli- cant. C. Any person, corporation or other entity desiring to install or operate CATV facilities within the public rights of way of Indian River County shall make an application on forms provided by the County through the County Utility Division, which shall contain or be accompanied by the following information; 1. Name, address and telephone number of the applicant. 2. Names and addresses of all of the officers, directors and principals of any corporate applicant, all partners, joint ventures and all principals of non -corporate applicants. 3. Current..and up-to-date financial statements. 4. The name and mailing address of the operator of the proposed system, community and legal description of,area to be served, television signal to be carried, proposed date on which cable operations will commence, proposed date upon which construction shall be commenced and if applicable, a statement that microwave radio facilities are to be used to relay one or more signals. 5. A verifiable credit reference report or in lieu thereof, letters of credit reference and recommendation from at least two lending agencies, be they a bank or savings and loan association. 6. True and exact copies, if filed, of the last and most current Federal Communications Commission Cable TV Information Report, F.C.C. Form 325, 326, and 326 (a) as submitted MAY 51982 —6— �o�K 49 PAgE 62 MAY 51982 to the Federal Communications Commission. d� 9 P� w 6z 7. Copy of contract or service agreement to be utilized for individual customers which shall include all fees, charges, rentals, late payment charges, cancellation fees, maintenance charges and company rules pertaining to relations between the licensee applicant and subscribers. 8. Locations of antenna and transmitter headend facili- ties. 9. Certificates of Liability Insurance Coverage in the minimum amounts specified by this Ordinance, naming the County as a co-insured. 10. Performance bond as required by Section 10 (c) of this Ordinance, payable to the County. 11. City, County, and State Occupational Licenses. 12. A statement that details the technical qualifica- tions and experience•of the applicant, its employees or agents. 13. Such other information the Utility Department may request in order to adequately assess the applicant's qualifica- tions. D. The application shall be accompanied by a non- refundable fee of $1,000.00 and shall be submitted with the completed application to the County Utility Department for review and presentation to the Commission. E. The application shall be reviewed by the County Utility Department and shall be submitted to the Board of County Commissioners upon certification by the Utility Department that the application is in compliance with the Ordinance. Considera- tion of the application by the County Commission shall be at public hearing;.notice of such shall be published by the Clerk of the County Commission in a newspaper of general circulation in the County once weekly for two consecutive weeks immediately prior to the week of the date of public hearing; the cost of said Legal Advertisement being borne by the Licensee as an additional cost. F. In the event any application for a license is filed, the area of which overlaps the area of any existing licensee, the existine licensee shall be given notice thereof, together with a -7- copy of the new application, and shall be provided with all notices related to such application during the pendency of such application. No application for a license, the area for which would overlap an existing licensee, shall be approved or become effective unless notice has been given the existing licensee. Any existing licensee shall be entitled to participate in all public hearings related to the new application, and no overlapping license shall be granted without hearing, and compliance with all other procedural requirements of this Ordinance. SECTION 5. CHANNEL REQUIREMENTS A. Each cable television system operating in whole or part with the County shall carry those signals of television broadcast stations as are required by the Federal Communications Commission at the time of the application and as they may be changed or amended. B. The licensee shall provide an initial service of not less than eight (8) commercial television broadcast stations that are significantly viewed in Indian River County pursuant to and in accordance with F.C.C. Rules and Regulations. When channels are available in the system, the County may require the Company to provide one local origination channel to serve all governmental bodies within the County and provide free public access when and under such circumstances as may be reasonably required by the County. C. If any CATV subscribers are being served within a radius of one quarter mile of a school or library, the licensee shall provide basic CATV service to the school or library without charge; provided, however, the installation charges shall be borne by the school or library pursuant to and in compliance with the provisions of this Ordinance. D. The licensee shall provide channels pursuant to F.C.C. regulations in accordance with the Licensee's rating under F.C.C. regulations and subject to any subsequent revisions upward or downward by the F.C.C. SECTION 6. MINIMUM RECEPTION STANDARDS AND SIGNAL QUALITY REQUIREMENTS MAY The licensee shall establish and quarantee minimum 51982-8- ?.>,FK 49 PACE 623 Fp- Pox 4.9 F}jUF 624. MAY 51982 technical reception standards in accordance with Federal Communications Commission standards. The licensee shall at all times maintain the following minimum technical reception standards and signal quality requirements: A. Compliance with minimum standards of the Federal Communications Commission's Rules and Regulations pertaining and incidental thereto, including, but not limited to, Section 76.601, Section 76.605, Section 76.609, Section 76.613 and Section 76..617 of the F.C.C. Cable Television Operational Rules and Technical Standards, as amended, being part of Chapter I of Title 47 of the Code of Federal Regulations. B. The licensee shall have available within a reason- able period of time accurate calibrated test equipment in the County and shall provide test data to the County pursuant to F.C.C. Requirements for test data. C.""Reasonable tebEing data shall be provided at no cost to the County or to subscribers when such tests are requested by the County in order to determine the level of performance of the CATV system. D. The licensee shall provide that the CATV system and all equipment incidental.to the operation of said system be de- signed and rated for 24 -hours per day continuous operation. SECTION 7. OTHER AGREEMENTS, PERMIT AND EASEMENT REQUIREMENTS The County shall not be required to assume any respon- sibility for the securing of any rights of way, easements, or other rights which may be required by the licensee for the installation of the CATV system, nor shall the County be responsible for securing any permits or agreements with other persons or utilities. SECTION 8. FEDERAL COMMUNICATIONS COMMISSION PETITIONS AND LICENSES A. Any reprimands, notices of violation, or problems with the procedures or capabilities of a licensee, as a result of F.C.C. decision or otherwise, shall be reported to the County without request. B. The licensee shall, except for existing licenses, within sixty (60) dad.- rrter the issuance of a license unde-- --;s e,.Gpp1y to the Federal Communications Commission for a _-9 Certificate of Compliance or such other certificate or license a3 may be required. Failure of the licensee to obtain the necessary permits and licenses within one (1) year of the issuance of a license under this Ordinance shall cause the license to become null and void, unless the licensee petitions the Board of County Commissioners for an extension of time upon good cause shown. SECTION 9 CHANGE OF OWNERSHIP, CONTROL OR TRANSFER OF LICENSE The licensee shall at all times be the owner or leasee of all the facilities and property, both real and personal, of the CATV business operating under license issued by the Commission. A. The licensee shall furnish the Board of County Commissioners with an exact and true copy of all pertinent CATV reports filed with the F.C.C. relating to its operation in the County. B. No assignment of any license granted hereunder shall be valid and effective to transfer any interest or to bind the County without prior approval of the Commission. Approval may nob be unreasonably withheld by the Commission. In considering any request for transfer of license, the Commission may require a public hearing fee up to $500.00 together with such information, records, books or accounts, or other data as it may deem necessary and proper to evaluate the qualifications of the proposed assignee. The assignee must meet all the requirements of this Ordinance. C. The licensee shall advise the County at least thirty (30) days in advance of a proposed change of ownership, control, or transfer of a license. The notice shall contain the name of an independent Certified Public Accountant engaged to perform the audit required by this Section. The licensee shall provide the County with an audit of its operations and records as of the close of the last day of operations, conducted by an independent Certified Public Accountant and meeting the requirements set forth in Section 13 (b). The audit report shall be submitted to the County within ninety (90) days of the last day of operation. SECTION 10. LIABILITY AND INDEMNIFICATION A. The licensee shall save the County harmless from any and all liability arising out of the.granting of a license or the MAY 5 1982-10-;)CtR .4.9 625 MAY 51982 49 PA"F 626 operation thereunder. The licensee shall defend in the name of the County and shall pay all expenses incurred by the County in defending itself with regard to all damages and penalties the County may legally be required to pay as a result of the license granted hereunder. These damages or penalties shall include, but shall not be limited to, damages arising out of copyright in- fringement and all other damages arising out of the installation, operation or maintenance of the CATV system authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this Ordinance. The expense shall include all incidental expenses including attorney fees and shall also include a reasonable value of any services rendered by the Office of the County Attorney. • B. The licensee shall maintain and pay for liability insurance, insuring the County and the licensee against all claims for damages charged against the County or the license, resulting from the installation, development, maintenance, operation or expansion of the CATV system authorized by this Ordinance. The licensee shall maintain such insurance in the name of Indian River County throughout the duration of the license in the minimum amounts of: 1. $250,000 for bodily injury or death to any one person with an aggregate limit for any one occurrence of $500,000 for bodily injury or death. accident. liability. 2. $250,000 for property damage resulting from any one 3. Umbrella liability of $2,000,000 for all types 4. $500,000 for all other types of liability. 5. Contractural liability insurance covering all liability arising out of the terms of the license agreement. 6. Worker's Compensation Insurance as required by Chapter 440, Florida Statutes. 7. Automobile Liability Insurance covering all owned, non -owned and hired vehicles used in connection with the licensee's work in amounts as i? _�t.tc in 1 and 2 above. -11- C. The licensee shall maintain throughout the terms of its license a faithful performance bond in the form prescribed by the County, with a surety rated at not less than A+4B and accept- able to the County. The performance bond shall be in favor of the County in the penal sum of $25,000 upon the condition that the licensee shall truly observe, fulfill and perform each term and condition of this Ordinance and his license and that, in the case of any breach of condition of the bond, the amount thereof shall be recoverable from the principal and surety thereof by the County for all damages resulting from the failure of the licensee to well and faithfully observe and perform any provisions of this Ordinance of the license issued hereunder, including failure to pay gross receipts percentage to the County. The bond shall not be cancelled without one hundred twenty (120) days prior notice to the County. Alternate forms and/or amounts of surety such as a letter of credit or escrow account may be considered by the Board of County Commissioners. D. All insurance policies required by this Ordinance shall be issued in companies authorized to do business under the laws of the State of Florida and acceptable to the County Commission. The licensee shall furnish certificates of insurance to the County prior to commencing any operation under the license agreement; such certification shall clearly indicate expiration dates and policy numbers and that the licensee has paid the required premiums and obtained insurance in the types, amounts and classifications in strict compliance with this section. No material change or cancellation of insurance shall be permitted without thirty (30) days prior notice to the County. SECTION 11. PAYMENTS TO COUNTY: USE THEREOF The licensee shall pay to the County three (3%) percent of gross revenue, as defined in this Ordinance, per fiscal period as a License Fee for its CATV system. The payments shall be made within ninety (90) days of the close of the licensee's fiscal period and shall be submitted together with the audit report required by Section 13 of this Ordinance. -12- MAY 5 19.82oo 49 E 62279 PAC MAY 51982 SECTION 12. NON-EXCLUSIVE LICENSE wK 4.9 PA,, 6.28 No license issued hereunder shall be construed or con- sidered an exclusive license, nor shall the same vest any exclu- sive rights in any licensee. SECTION 13. LICENSEES' BOORS AND RECORDS A. The licensee shall maintain accounting and adminis- trative controls adequate to assure that accounts and records are maintained in accordance with generally accepted accounting principles. B. The licensee shall submit a report of its operations showing in detail gross revenue as defined in this Ordinance. The report shall be certified by a financial officer of the licensee or by an independent Certified Public Accountant and shall be sub- mitted within ninety (90) days,of the close of each fiscal period. The report shall be prepared in accordance with generally accepted accounting principles and shall be sufficient in scope to allow a Certified Public Accountant to issue an opinion regarding licensee's compliance with the License Fee requirements of this Ordinance. C. The licensee shall provide such reasonable financial data as deemed necessary -and proper by the Board of County Commissioners, when requested, relating to activities in the licensed areas. Upon the licensee's failure to provide reasonable financial data, the Board of County Commissioners may require an independent audit of licensee's books and records to determine whether -licensee has complied with the License Fee requirements of this Ordinance, the cost of any such audit shall be the responsibility of licensee. SECTION 14. OTHER PERMITS AND LICENSES The granting of a license under this Ordinance does not take the place of any other franchise, license or permit which might be required by law. SECTION 15. RESERVATION OF COUNTY RIGHTS IN RESPECT TO LICENSES The County may adopt in addition to the provisions con- tained herein and in existing applicable ordinances or regula- tions, such additional reasonable regulations as it shall find necessary to exercise its obligations pursuant to the public -13- interest and legal authority, after public hearing and notice to licensees. ARTICLE IV SECTION 16. SAFETY REQUIREMENTS A. The licensee shall maintain a force of resident agents and employees in the County at all times of sufficient size and number to provide safe, adequate and prompt service for its facilities and to its subscribers. B. The licensee shall adopt safety rules and regula- tions and shall at all times employ due care and shall install and maintain in use commonly accepted methods and devices for pre- venting failure and accidents which are likely to cause damage, injuries or nuisance to the public. SECTION 17. RATE AND INSTALLATION SCHEDULE A. Basic service rates and installation fees to be charged by the licensee shall be those stated in the license granted hereunder or as agreed to by the Board of County Commissioners pursuant to a public hearing. The rates set by the Board of County Commissioners shall allow for a fair and reasonable return on investment. B. A task force comprised of representatives from the County Attorney's Office, the Utility Department, the Administrator's Office and/or such additional appointees as the Board of County Commissioners shall designate, shall review all applications for rate increases and make recommendations to the Board of County Commissioners within sixty (60) days of receipt of a complete application request by the licensee. Applicant will be charged a $500.00 public hearing fee. Where desired by the Board of County Commissioners, review by the Cable TV task force may be waived. C. Custom installation charges shall be billed on a time and material basis, and no work shall commence until the licensee and the subscriber have agreed in writing to the cost thereof. Licensee and the customer may agree in advance to a rea- sonable charge for performing the work necessary for a preliminary cost estimate. The licensee shall furnish to the subscriber a MAY 5 1982 -14- -:�s 49wy 9. MAY 51982a�K 49 written itemization of the equipment to be installed which shall include a statement designating its cost; labor costs and inciden- tal costs. After the customer accepts said itemized charges, he shall not be required to pay any sum in excess of the agreed amount. The company may, when requested permit the subscriber to install the equipment provided by the licensee or other equipment of equal quality, to be connected and activated by the licensee. D. All increases in established rates and installation charges must have prior approval of the Board of County Commissioners pursuant to a public hearing after due notice pub- lished once not less than fifteen (15) days prior to such hearing in a newspaper of general circulation in the County; costs for said legal advertisement shall be borne by the licensee. E. The County shall be advised of all decreases in rates and installation charges within thirty (30) days of their implementation. SECTION 18. OPERATION AND MAINTENANCE The licensee shall maintain and operate the system and render effective service in accordance with the rules and regulations established by the Federal Communications Commission. A. The licensee shall operate the system so that there will be no interference with television reception, radio reception, telephone communications or other installations which are now or may hereafter be installed or in use by the County or any person in the County. B. The licensee shall maintain an office in the County which shall be open during all usual business hours, (at minimum from 9:00 A.M., to 5:00 P.M.), and shall have a publicly listed and advertised telephone available to receive subscriber service complaints and requests for repairs on a twenty-four (24) hour, seven (7) day a week, basis to respond to all service complaints. Upon receipt of a service complaint the licensee shall respond by correcting the service complaint within twenty-four (24) hours or by contacting the complainant and indicating why it cannot be corrected within this time period and when the situation will be remedied. -15- C. The licensee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time feasible. Such interruptions insofar as practical, shall be preceded by notice and shall occur during periods of minimum use -of the system. D. The licensee shall provide prompt responsible service and investigation in response to all customer complaints. Testing of the service at the customer's receiver shall be provided to indicate that the licensee is conforming with the operational standards set forth in this Ordinance. If the tests indicate that the licensee has failed to provide service to the customer in accordance with the operational standards outlined in this Ordinance the licensee shall promptly correct such deviations restoring the reception of the technical reception standards and signal quality requirements of this Ordinance. SECTION 19. PREFERENTIAL OR DISCRIMINATORY PRACTICES PROHIBITED The grantee shall not, as -to rates, charges, service, service facilities rules, regulations or any other respect, make or grant any undue preference or advantage to any person, or subject any person to any prejudice or disadvantage. SECTION 20. CONSUMER PROTECTION PROVISIONS A. The licensee shall not, without good cause, fail to provide available service to individuals or prospective subscribers nor shall the licensee terminate service without good cause. Service shall be provided to all interested customers. where econom- ically feasible. B. Unless a written contract exists between the licensee and a subscriber, service shall be on a month to month basis and the licensee shall not assess a penalty for cancellation of the service. C. All complaints to the County pursuant to the provi- sions of this Ordinance shall be made or referred to the County Utility Department for investigation and recommendation. D. In the event that the complaint cannot be resolved, conciliated or disposed of by the County Utility Department and the complaint appears to be meritorious, the matter shall be placed MAY 51982 —16 — (.Q.os 49 PAGE U -JI 632 MAY 51982 before the Board of County Commissioners at their regular meeting under the County Utility Division's items on the agenda and brought to the attention of the Board. E. The Board of County Commissioners, after having been presented with the investigative report and recommendation of the County Utility Department, shall determine whether to set the matter for public hearing pursuant to the revocation or suspension provisions as h2reinafter recited, refer the matter to the County Utility Department or to any other County Department for further study and recommendation or to decline to take any other further action. TDTTI+T V 17 SECTION 21. PERMIT REQUIRED Upon the granting of a license by the Commission, the licensee shall make application to the County Engineering - Department for construction permits for all work to be performed in County rights of way or easements. A. In the event that the installation does not meet County standards or causes damages to the public right of way, including pavement, curbing, sidewalk, drainage facilities, swales, - parkways, grassed areas, traffic signs or other public facilities within the public way, the County shall have the right to require the repairs to be made subject to revocation of license by the Board of County Commissioners and/or call in the performance bond required by Section 10 (c) if these repairs are not accomplished in accordance with County standards. SECTION 22. RELOCATION OF FACILITIES A. Any CATV facilities heretofore or hereafter placed upon; under or over any public way that is found by the Commission or by the County Utility Division to be unreasonably interfering in any way with the convenience, safety and continuous use and maintenance of such public way shall, upon thirty (30) days written notice to the licensee be removed or relocated by the licensee at his own expense. B. If at any time during the period of a license the County shall elect to alter, chance, ex_nand, improve., repair or -17- otherwise utilize the public way for any facility pursuant to the interest of the general public, any CATV facilities heretofore or hereafter placed upon, under or over any public way, that is inter- ferring or in conflict with the interest of the Commission to pursue the public interest, shall upon thirty (30) days written - notice to the licensee by the Commission or the County Engineer be removed or relocated by the licensee at his own expense. C. The County shall, upon the failure of the licensee to comply with this section within thirty (30) days after receipt of written notice, have the right, privilege and authority to proceed to cause the required relocation; the expense thereby incurred by the County shall be charged against the licensee and levied and collected. D. The licensee shall install and maintain all struc- tures and all wires, equipment and connections in, over, under and upon all streets, easements and swales, sidewalks, alleys and public ways or places of the County wherever situated or located in accordance with the requirements of the National Electric Safety Code promulgated by the National Bureau of Standards and the National Electric Code of the American Insurance Association, and shall at all times keep and maintain in a safe, suitable, substan- tial condition and in -good order and repair. Prior ..to'*any excava- tion, the licensee shall ascertain the location of all underground facilities such as; water, sewer, telephone, power, -etc. E. The County shall have the right to inspect all con- struction or installation work performed by the licensee subject to the provisions of this Ordinance and make such inspections as it shall find necessary to assure compliance with the terms of the license and other pertinent provisions of law. SECTION 23. JOINT OR COMMON USE OF POLES A. To enhance the public convenience and to minimize the placement of poles and wires holding structures within public ways, the licensee shall, where possible, enter into agreements for the joint or common use of poles or other wire holding structures where poles or other wire holding structures already exist for the use in serving the County or serving the public convenience. However, no MAY 5198Z _18- oo 49 PAA3213 MAY 51982 49AUr634 location of any pole or wire holding structure of the licensee shall be a vested interest, and such pole or structure shall be removed or modified by the licensee at its own expense whenever the County determines it to be necessary. B. The County shall be permitted to make use of the poles or other wire holding structures of the licensee, without charge or remuneration to the licensee, if the Commission deter- mines that the use would enhance the public convenience and would not unduly damage, hamper or interfere with the licensee's opera- tions. SECTION 24. MASTER PLAN REQUIRED - CONSTRUCTION The licensee shall submit with their application and every two years thereafter a map showing the licensed area and the construction plans of licensee for the area together with a con- struction timetable. The licensee shall notify the County of any changes in its construction plan or timetable. Licensee shall not be granted any license area in which the licensee does not have a reasonable expectation of providing service within three (3) years. The Board may upon notice to licensee, and in accordance with the procedures set forth in Section 26, constrict the license area of any licensee who fails to abide by its construction timetable or who fails to provide service to the licensed area within three (3) years'. Licensee shall be required to extend service into all licensed areas where licensee has a possibility of thirty-five (35) installations for each strand mile of cable extension from the existing system. ARTICLE VI SECTION 25. GROUNDS FOR REVOCATION OR SUSPENSION OF LICENSE A. Any license may be suspended or revoked after due notice at a public hearing if it is found that: 1. The license was fraudulently obtained or erroneously issued. 2. The licensee or any member of the firm, or any officer or director, if a corporation, has violated any of the material provisions of this ordinance. 3. The licensee has been adjudicated bankruAt. If a -19- petition for voluntary or involuntary bankruptcy has been filed against the licensee or there has been made a com- position of creditors or a receiver has been appointed for the licensee, the license may be suspended. 4. The licensee has failed to maintain the insurance -or performance bond required by,this Ordinance. The Board may reinstate any license revoked for failure to maintain a bond or insurance at such time as the licensee furn- ishes proof satisfactory that the requirements have been complied with. 5. The licensee attempts to dispose of any of the facil- ities or property of its CATV system to prevent the County from recovering any payments due or any losses or damages arising out of the license. 6. The licensee has transferred or has attempted to transfer ownership or control of the licensee company without approval of the Indian River County Board of County Commissioners as indicated in Section 9 of this Ordinance. 7. The licensee attempts to evade any of the provisions of a license granted hereunder or practices any fraud or deceit upon.the County. s 8. The licensee has refused to comply with demands for upgrading the quality of service, eliminating or remedy- ing equipment malfunctions or other similar matters, pur- suant to the provisions contained herein or F.C.C. stan- dards having resulted in complaint pursuant to and in accordance with the provisions as contained herein. 9. Any provision of this Ordinance, or any provision of any license issued hereunder, has become illegal or is held invalid or unenforceable and the Board further finds that such provision constitutes a consideration material to the grant of said franchise. SECTION 26. PROCEDURE FOR REVOCATION OR SUSPENSION, REVIEW OF ADVERSE DECISION A. The Clerk of the County Commission shall send by MAY 51982 -20- t�bK . 9 P E,635 MAY 5 1982 ion 49 Fab- 636, registered mail a letter to the licensee at the last address filed with the Board of County Commissioners, setting out the alleged offense and the approximate time of its commission, the section of this ordinance alleged to be violated, and notifying them to appear before the Board at a time and place fixed, not sooner than twenty (20) days from the mailing of the registered letter, to show cause why their license should not be suspended or revoked, advising that they may be represented by attorney, and that they should bring all original documents and other data that may be pertinent to the case and that they will be given opportunity to present such witnesses and evidence they deem appropriate. B. The Clerk of the Commission shall publish in a newspaper of general circulation in the County, once a week for two weeks in the 30 days prior to the date of such hearing, notice of the public hearing. C. The administrative hearing provided for above shall be conducted during the public hearing agenda of the Board of County Commissioners. D. The proceedings at the hearing shall be recorded and may be transcribed at the expense of the party requesting the transcript. E. The hearing need not be conducted according to rules of court relating to evidence and witnesses. Any relevant evidence shall be admitted if the Board finds it competent and reliable, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions. Irrelevant and unduly repetitious evidence shall be excluded. F. Each party shall have the following rights; To call and examine witnesses; to introduce exhibits; to cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct exa .r.drr t ion; to impeach -21- any witness regardless of which party first called him to testify; and to rebut the evidence against him. G. Any party aggrieved by the Board's decision suspending or revoking his license may have such decision reviewed by the filing of a petition for writ of certiorari in the Circuit Court of the Nineteenth Judicial Circuit in and for Indian River County, Florida, in accordance with the procedure and within the time provided by the Florida Appellate Rules for the review of the rulings of any commission or board, which rules of practice and procedure are hereby adopted. SECTION 27. TERMINATION AND CANCELLATION OF LICENSE BY RESOLUTION AND RIGHTS RESERVED BY COUNTY A. Termination and cancellation of license shall be by resolution and shall not affect any of the County's rights under a license granted under this Ordinance or any provisions of law. -B. At the--_xpirat-son of the term for which a license is granted or upon its termination and cancellation as provided herein, the County shall have the right: (1) to require the licensee to remove at its own expense, all or any portion of the facilities within the public rights of way, or (2) renew the license pursuant to the laws then in effect. C. Upon the termination, cancellation, revocation or suspension of any license granted pursuant to the terms herein, notice of the same shall be transmitted to the Federal Communications Commission, forthwith. SECTION 28. PROCEDURE FOR CORRECTION OF ERRORS IN ISSUANCE OF LICENSES Notwithstanding the provisions of the foregoing sections, when any license shall have been issued or shall be outstanding because of error of law or fact, or because of administrative error, the Board may revoke or correct such license, upon notice and reasonable opportunity to be heard, but without charges, find- ings, or other formal requirements, and failure to return such license to the Board upon demand therefor shall be a violation of this Ordinance. SECTION 29. PERMITS GRANTED PRIOR TO THIS ORDINANCE All CATV operators in the unincorporated areas of Indian MAY 51982 -22- n fi�7 �,P P��,F F'"_ 1 MAY 51982 49 I.PAccf38 ;fiver County who possess a valid, current permit, that is in good standing, to operate a CATV operation as of the effective date of this Ordinance shall be issued a license pursuant to this Ordinance the provisions of §4 notwithstanding, and shall thereafter comply with all the terms and conditions of this Ordinance. SECTION 30. ACCEPTANCE OF BENEFITS By acceptance of a license issued under this Ordinance, the licensee agrees to comply with all its provisions and require- ments. SECTION 31. PENALTIES AND MISCELLANEOUS PROVISIONS Any person, firm or corporation violating any of the pro- visions of this Ordinance, upon conviction thereof, shall be pun- ished by a fine not exceeding Five Hundred Dollars ($500.00), or by imprisonment for a term not to exceed sixty (60) days, or by both such fine or imprisonment within the discretion of the Courts. A. It shall be unlawful for any person, firm or corpora- tion to make any unauthorized connection, whether physically, elec- trically, acoustically, inductively or otherwise, with any part of a CATV system within the unincorporated area of the County for the purpose of enabling himself or others to receive any television signal, radio signal, pictures, programs or sound. B. It shall be unlawful for any person, without the con- sent of the owner, to willfully tamper with, remove or vandalize any cables, wire or equipment used for the distribution of television signals, radio signals, pictures, programs or sound. C. It shall be unlawful for any person, firm, or corpor- ation to operate or attempt to operate a community antenna tele- vision system in the unincorporated area of the County without securing a license to conduct such business as provided herein. SECTION 32. CONFLICTING LAWS All local laws and ordinances applying to Indian River County in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. SECTION 33. PRE-EMPTION BY FEDERAL COMMUNICATIONS COMMISSION RULES AND REGULATIONS OVER ORDINANCE PROVISIONS Any section or provision of this Ordinance or license or M MW23- M permit issued therefrom and any local regulations or conditions in conflict with rules and regulations promulgated by the Federal Communictions Commission are hereby preempted and such Federal Communications Commission modifications shall be deemed incorpor- ated herein. SECTION 34. INCORPORATION OF ORDINANCE IN COUNTY CODE Provisions of this Ordinance shall be incorporated in the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this Ordinance may be renumbered or'relettered to accomplish such inten- tions. SECTION 35. SEVERABILITY If any section, part of a section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holdings 1 I or invalidity shall not affect the remaining portions of this Ordinance and it shall be construed to have been the legislative intent to pass this Ordinance without such unconstitutional, invalid or inoperative part therein, and the remainder of this Ordinance after the exclusion of such part or Darts shall be deemed to be held valid as if such part or parts had not been included therein, or if this,Ordinance or any of the provisions thereof shall be held inapplicable to any person, group of persons, pro- perty, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstances. SECTION 36. EFFECTIVE DATE The provisions of this Ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this Ordinance has been filed with the Department of State. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 5th day of MAY 51992 -24- 900K 49 WE 6339 -I MAY 51992 INDIAN RIVER COUNTY BY ITS BOARD OF COUNTY COMMISSIONERS By: DON C. SCU LOCK, JR. Chairman Acknowledgment by the Department of State of the State of Florida this day of , 1982. Effective Date: Acknowledgment from the Department of State received on this day of , 1982, at A.M./P.M. and filed in the office of the Clerk of the Board of County Commissioners of Indian River County, Florida. Approved as to form and legal suf;!-Viency. Alp - B y : F 0'O^ G BRANDENBURG o n Attorney . - �25- - REQUEST FOR WORKSHOP FOR TRANSPORTATION DISADVANTAGED STUDY PRESENTATION Assistant Administrator Greene announced that this request is for a workshop for the consultants to make their presentation and invite the involved agencies to hear their report. He noted that the suggested date of May 5th is in error, and it should have been May 12th at 1:30 P.M. Discussion followed, and Commissioner Wodtke felt this could be worked in on a regular agenda rather than having a special* meeting. 'The Board agreed. CHANGE ORDER NO. 1 - SOUTH COUNTY WATER SYSTEM The Board reviewed the following memo: TO: Board of Counfty'Commissionerp DATE. April 28, 1982 FILE: Indian River County SUBJECT: South County Water System Engineer's Project No. -6-858 FROM: REFERENCES: Attached letter David Greene Assistant County Administrator Attached is letter from Sverdrup & Parcel, as well as Form FmHA 424-7 for Water Services of America, Inc. outlining Contract Change Order No. 1. in amount of $967.00 which has been approved by our engineers. Also attached is their list of twenty-three (23) changes and revisions resulting in the net difference of $967.00.', ALTERNATIVES: No alternatives have been submitted by the engineers, but are the result of shop drawings submittal in review. RECOMMENDATIONS: It is recommended that the Board of County Commissioners approve this Order as recommended by the Engineers and staff. FUND I NG: Payment for this change to be made from contingency funds provided under the terms of the contract. Account # 421-230-533-66.54 = $1,217,091.00 (Contingency = $175,000.00 Balance) MAY 5 1992 96 I no>< 49 PAE 641 MAY 51982 BOOK.., 49 642 The Board reviewed the credits and additions, and Commissioner Fletcher questioned some of the eliminations. Engineer John Robbins explained that they have arrived at another methodology for monitoring the flow. He reported that they spent months evaluating equipment and believe they are getting superior equipment over what was originally specified. He noted that this Change Order represents a valuation of approximately 1.217 million worth of equipment and we are only looking at a $900 increase. On Motion by Commissioner Lyons, seconded by Commissioner Wodtke, the Board unanimously approved Contract Change Order No. 1 for the South County Water System. 97 7 u. .. •.i .,4447 Fin"'i. Ci.....,....... ...- .-..... . ..,.......v.. ..... CONJ RACi CHANGE OIRDEI3 WATER SYSTEM IMPROVEMENTS �p Mari l 25, lei r2 ST AT Florida CONTRACT FOR I COUNTY CONTRACT PART II - R.O. EQUIPMENT - SOUTH COUNTY WATER I OWNER SYSTEM Indian River County, Florida To ... 'Water Services -•of America.,...Inc............... _.........-.._.._.... ------ •----------- ___.... _.. -__ (Contractor) You are hereby requested to comply with the following changes from the contract plans and specifications: Description of Changes DECREASE INCREASE (Supplemental PIans and Specifications Attached) in Contract Price in Contract Price 1. Required revisions to the Contract as a result of final completion of shop drawing review due to a combination of several items (See Attachment) N JUSTIFICATION: Ej S $967.00 TOTALS S ......-...._ .. _ ___ f -___----967.00_......-_. ?TRICE $.._...:... - ._......-_.. -_.........$967.100........_.... SEE ATTACHMENT The amount of the Contract will be C.—Xd,'.v� (lncreased) By The Sum Of: Nine hundred S ixt, -Seven �. and 00/100------------------------------------------ Dollars J (S' 967.00 ) . r} T e Contract Total Including this and previous Change orders Will Be: One million tt'lo hundred e i ch -een Zhbusand fifty-eight and 00/100-------------------------- colla 1.218,068.00 �.._ rs (s ). ti t•.:. r�tVvv1(va( :tae Contract Period Pr6vided for Completion Will Be ttit,EYrrr:�: .i((,.3d iix:.),C.:r (Unchanged): -0- Days l ais document will become jsup lement to the contract and all provisions will apply hereto. C r � f (Owner) p rRecommended -� (Ow er•w Archisuct/L•nzinaar) (Dote) Accepted . • ' � . r (Contractor) (Data I r pprovcd By F'mHA -hit, Information will tie u"d as rocord of any changai to the original construction contract. *UZAPO:1 �11ui1514 (Narne and 144) (Dot&) Nurntaar cop)os roqu3rP.:: S 3 No fur' Mar rt:onkrs or other Danoflts rr,;.y Dc; ;,;.;Cl out under ,r is Time to tompi:.e: 3� r:�in. !it program unlou this ro.,>an is coTplLt�c snd iiioo as r.:quirou �y existing taw and MuILVom ;7 C.F.R. r_rt 1924)- Po.eilion o FnnKA 42-4-7 (:uw. 6-11-:i®) MAY 5 1982 BOOK 49 PSE 6�� a MAY 51982 PonK 4..644 WATERSac-; 7V TMPR0`. ,-,X QTS ri E 1 a 1 C .-" 1 T 'tet .. 1Jil il!':V1 111111 J - 11 i,f ERSC. �J LXIOS IS-iyill�vi"r SOUTH COUNTY WATER SYSTEM INDIAN RIVER COUNTY, FLORIDA Attachment to Contract Change Order No. 1 The following items are revisions which have occurred to the Contract Documents and to Water Services of America, Inc.'s original Contract during the shop drawing submittal and review period which have resulted in the necessity of this Contract Change Order: iTEM AMOUNT 1. Addition of the Low Raw Water Pressure Alarm +$ 175.00 2. Substitution of 61F Model #265-15 Electronic I Controllers instead of the specified 51F +$ 3,132.00 � Model #252-25 rate setting station . • 3, Elimination of the 10" Reject Line Flow _$ 11000.00 indicator Addition of three position selector switches +$ 300.G0 5. E1:mination of the locally mounted pH monitor _$ 500.00 at the cleaning system 6. Substitution of PVC Pipe for the specified '$ 750.00 CPVC Pipe on the cleaning system 7. Addition of one alarm for high conductivity +' 80.00 alarms for all R.O. Skids 8. Substitution of the Roll Seal automatic control the G.A. control valves -$12,300.00 valves for specified 9. Expansion of the semi -graphic panel for the + 750.00 $ X R.O. expansion to_5.0 MGD 10. Addition of a static mixer in the ground ,�, +$ -0,350.00 storage tank 11. -Substitution of Great Lakes Controller for the -$ 2,240.00 specified 3IF Controller 12. Addition of additional alarm lights at the + 585.00 semi -graphic panel 13. Reduction in'flow-me-Ler sizes -$ 1,200.00 14. Addition of the Conductivity Analyzer at the +$ 1,450.00 ground storage tank 15. Addition of instrumentation field mounting kits +$ ' 150.00 16. Substitution of PVC Pipe for the specified CPUC Pipe cleaning lines located in the trenches -$ 2,300.00 17. Addition of the remote operator at the blend valve +$ 125.00 18. Addition of LCD flow indicators +$ 1,500.00 19. Addition of product rupture disk at each R.O. skid +$ 11600.00 20. Addition of four (4) flow controllers +$ 40.00 21. Additional piping connection hardware +$ 500.00 22. Relocation of the soda hex service water connec- tion +$ 760.00 23. Engineering of pipe hanger details and locations which was taken exception to when Bids were received but later added in the Contract +$ 3,750.00 TOTAL NET CHANGE IN THE CONTRACT: +$ 967.00 STATUS REPORT — PURCHASE OF SITE FOR GROUND STORAGE TANK - SOUTH 1 BEACH WATER SYSTEM IMPROVEMENT PROJECT The Board reviewed staff's memo: TO: The Honorable Members of DATE: April 29, 1982 FILE: the Board of County Commissioners SUBJECT: Status Report Re: Property Acquisition(Ground Storage Tank'Site) ' FROM:'`` REFERENCES: David L. Greene Assistant County Administrator DESCRIPTION AND CONDITIONS County Staff and representatives of Sverdrup & Parcel and Assoc- iates, Inc. have had several discussions with Mr. Padgett concerning the County's interest in purchasing property owned by him. The property is needed for location of the Ground Storage Tank as part of the South Beach Water System Improvement Project. An appraisal of the subject property was performed by the Ed Schlitt Agency, it is their opinion that the property's value is $110,000.00 or $50,000.00 per acre for the 2.2 acre site under discussion. It is the position of Mr. Padgett that the property is worth -$175,000.00 for the total 2.2 acre site. Mr. Padgett has entered into an agreement with a third party who has an option on the land, the option will expire May 1, 1982. The third party as well as Mr. Padgett indicate that they will accept $175,000.00 as an agreeable purchase price for the land. Staff is seeking Commission guidance as to whether or not the Commission wishes us to continue discussions with Mr. Padgett for the purchase of the property. Engineer Robbins informed the Board that the last time he had discussed this matter with Mr. Padgett, Mr. Padgett had indicated that his original offer to the Commission was to agree on an appraisal and whatever the appraised value turned out to be, that would be the selling price; however, when the Commission opted to include in their Motion grounds for negotiation, Mr. Padgett then withdrew his original offer and indicated that since the County had the right to negotiate, he had the right to negotiate also. He then apparently entered into an option agreement with a third party, giving them the first right of MAY 51992 100 ma 49 PnE 6 5 BOOK 49 Fc� MAY 51982 r . refusal to buy the land. This option was to have expired on May 1st. Mr. Robbins continued that Mr. Padgett's asking price was $175,000, but when he talked with Mr. Padgett yesterday, he stated he would consider an offer of $150,000 as a minimum. At this point, it was felt the matter should be referred to the Board for guidance. Attorney Brandenburg commented that bringing water to this property makes it more valuable and that would be one factor argued in a condemnation case. He continued that if it goes to condemnation, substantial legal fees will be involved, and it could take a very long time. The alternatives are either to negotiate somewhere in the middle a price suitable to both or else go to condemnation. Condemnation would require depositing the initial valuation with the Court, and the owner could draw down on it; however, we could do what we want on the land in the interim. Engineer Robbins noted that the appraisal by Schlitt was $50,000 per acre - $150,000 would represent a price of $68,000 per acre, or $79,000 per acre at $175,000. Mr. Padgett is expecting the county to make him an offer. On Motion by Commissioner Lyons, seconded by Commissioner Wodtke, the Board unanimously agreed to extend the meeting to 5:30 P.M. Commissioner Wodtke felt it is very difficult for our Engineer and Attorney to negotiate these things, and he suggested that one of the Commissioners be authorized to talk with Mr. Padgett personally; he did not feel we can come up with a figure at this meeting. Commissioner Bird stated that he has talked with Mr Padgett before and would be happy to again, if the Board wishes'. Engineer Robbins agreed that all he and the Attorney are able to do is transfer information. Motion made by Commissioner Fletcher to instruct staff and the Engineer to break off negotiations with Mr. Padgett and if �01 - Commissioner Bird should happen to meet Mr. Padgett, he could talk to him about purchase of the subject property, died for lack of a second. Discussion followed as to how much time we have, and Engineer Robbins reported that the City of Vero Beach did grant an 120 day extension on their agreement re South Beach water, but he would not recommend that this be extended for a long period of time as we still have site plan approval to go through, etc. Further discussion ensued as to other possible sites, and Engineer Robbins reported that it was indicated the lowest values are on State Road AlA. In addition, the agreement with the City of Vero Beach stated that the ground storage tank would be located within a certain area. Motion- was made -by Commissioner Wodtke, seconded by Commissioner Lyons, that the Chairman be authorized to appoint one Commissioner to continue negotiation with Mr. Padgett on the 2.2 acres, and if necessary, authorize the Chairman to call a Special Meeting. Commissioner Fletcher asked if this precludes looking anywhere else, and Engineer Robbins stated that he would be happy to take another look. It was noted that we do not necessarily have to put the ground storage tank and fire station on the same piece of property. The Chairman called for the question. It was voted on and carried unanimously. Chairman Scurlock requested that Commissioner Bird be responsible for contacting Mr. Padgett as discussed above. LETTER FROM CHIEF JUDGE TROWBRIDGE RE COURTHOUSE PROBLEMS It was noted that Dr. Hardin has received a letter from Judge Trowbridge in regard to the request for assignment of a _ temporary Judge. Commissioner Lyons felt it is unfortunate that the Press rushed out and questioned Judge Trowbridge about his reply to our letter before the letter was sent. MAY 5 1982 102 :k � �ti' 647 .49 PA1 X48 MAY 5 �9a2 Commissioner Fletcher pointed out that this matter has not been added to the Agenda. Motion by Commissioner Lyons, seconded by Commissioner Wodtke, to add the above letter to today's agenda was defeated by a 4 to 1 vote, Commissioner Fletcher voting in opposition. REPORT ON ARCHITECT FOR JAIL & REQUEST FOR OUT -OF -COUNTY TRAVEL Commissioner Lyons reported that the Architect Selection Sub -Committee of the Public Safety Advisory Committee did travel to Gainesville and New Port Richey to view jails in those areas and as a result have decided they definitely do not want to utilize the firm of Prindle & Patrick. They have two meetings scheduled for next week - the firm local architect Charles Block is involved with is coming here to make a presentation, and they have a date to go to St. Petersberg to view a jail recently completed and need approval for out -of -county travel. On Motion by Commissioner Lyons, seconded by Commissioner Bird, the Board unanimously approved out -of -county travel for the following members of the Architect Selection Sub - Committee to visit the jail in St. Petersberg on Thursday, May 6,. 1982: Captain Baird, County Engineer James Davis, Art Schereen, and Commissioner Lyons. AGREEMENT WITH POST, BUCKLEY RE SOLID WASTE MANAGEMENT CONSULTING SERVICES The Agreement with Post, Buckley, Schuh & Jernigan re solid waste management consulting services is hereby made a part of the Minutes as approved at the Regular Meeting of April 21, 1982. 103 AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS AGREEMENT, made and entered into this, day. of Jlt� 19y and between The Indian River County Board of Commissioners, hereinafter referred to as OWNER, and Post, Buckley, Schuh & Jernigan, Inc. a Florida corporation, hereinafter referred to as ENGINEER. WITNESSETH: WHEREAS the OWNER proposes to do certain work towards accomplishment of various projects of the general nature described in Attachment A; and WHEREAS, the OWNER desires to engage the ENGINEER to perform certainprofes- sional services pertinent to such work in accordance with this Agreement; and WHEREAS, the ENGINEER desires to provide such professional services in accordance with this Agreement. NOW THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understod and agreed as follows: I. GENERAL SCOPE OF THIS AGREEMENT The relationship of the ENGINEER to the OWNER will be that of a professional consultant, and the ENGINEER will provide the professional and technical services required under this Agreement in accordance with acceptable engineering practices and ethical standards. II. PROFESSIONAL AND TECHNICAL SERVICES It shall be the responsibility of the ENGINEER to work with the OWNER and apprise him of solutions to engineering and planning problems and the approach or technique to be used towards accomplishment of the OWNER'S objectives for various projects of the general nature set forth in Attachment A. The scope of services to be provided to accomplish the OWNER'S objectives is set forth in Attachment B and in Specific Services Addendums to be approved from time to time as provided for in Attachment B. III. PERIOD OF SERVICE A. The ENGINEER will begin work promptly after receipt of a fully executed copy of this Agreement and a fully executed copy of a Specific Services Addendum; such receipt shall constitute written notice to proceed. B. If the ENGINEER'S services called for under this Agreement are delayed for reasons beyond the ENGINEER'S control, the time of performance shall be adjusted avpropriately. If the services under any Specific Services Addendum continue for a MAY 5 1982 ROOK 49 pAtf 6Q9 MAY 5 1982 Jkw 49 m,r 650 T er.oa of more than one (1) year from their beginning date, the fees contained in such Addendum shall be subject to renegotiation; any change in such fees shall apply only to the unfinished services as of the effective date of such change. C. The ENGINEER shall not be bound under this Agreement if a fully executed copy hereof is not received by the ENGINEER on or before April 30, 1982. IV. GENERAL CONSIDERATIONS A. All original sketches, tracings, drawings, computations, details, design calculations, and other documents and plans that result from the ENGINEER'S services under this Agreement are and remain the property of the ENGINEER as instruments of service. Where such documents are required to be filed with governmental agencies, the ENGINEER will furnish copies to the OWNER upon request. B. The OWNER may, at his expense, obtain a set of reproducible copies of any maps and/or drawings prepared for him by the ENGINEER, in consideration of which the OWNER agrees that such maps, etc., shall not be used for any purposes or project other than that for which prepared and no additions, deletions, 'changes or revisions shall be made to same without the express written consent of the ENGINEER. - C. This agreement shall be considered as a continuing contract with respect to the services requested by the OWNER. This Agreement shall be reviewed annually by the Indian River County Board of Commissioners on or about December 31 commencing in 1982 and may be terminated by the Board of Commissioners without cause following said review upon fifteen (15) days written notice to the ENGINEER. If not so terminated, this Agreement shall be automatically renewed and remain in full force and effect until the next review date. If so terminated, the ENGINEER shall be paid all compensation due for services provided under this Agreement up to the date of termination. D. The OWNER hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise to design facilities within a cost limitation. E. The ENGINEER shall at all times carry, on all operations hereunder, workman's compensation insurance, public liability and property damage insurance, automotive public liability and property damage insurance, and professional liability insurance. Professional liability insurance shall provide coverage of not less than $1,000,000 per occurrence. F. It is understood and agreed that the ENGINEER'S services called for under this Agreement do not include participation, whatsoever, in any litigation. Should such services be required, a supplemental agreement may be negotiated between the OWNER and the ENGINEER describing the services desired and providing a basis for compensation to the ENGINEER. G. Upon the ENGINEER'S written request, the OWNER will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the ENGINEER and OWNER mutually deem necessary, and the ENGINEER may rely upon same in performing the services required under this Agreement. H. The OWNER represents that it is a political subdivision of the State of Florida with the authority to engage the professional services called for under this Agreement and to accept the obligation for payment for the services as described in Attachment C and approved Specific Services Addendums. I. The OWNER and the ENGINEER each binds itself and its successors, legal representatives, and assigns to the other party to this Agreement and to the partners, successors, legal representatives, and assigns of such other party, in respect to all covenants of this Agreement; and, neither the OWNER nor the ENGINEER will assign or transfer their interest in this Agreement without the written consent of the other. V. COMPENSATION The ENGINEER shall be compensated for all services rendered under this Agreement, -said compensation shall be as provided in Attachment C, attached hereto, and in each approved Specific Services Addendum. VI. TERMINATION This Agreement may be terminated by either party by seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms ' hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the ENGINEER shall be paid in accordance with the provisions of Attachment C and applicable approved Specific Services Addendums for all work performed up to the date of termination. VII. SUSPENSION, CANCELLATION OR ABANDONMENT In the event the project described in any Specific Services Addendum, or the services of the ENGINEER called for under Attachment B or -such an Addendum, is/are suspended, cancelled or abandoned by the OWNER, the ENGINEER shall be given five (5) days prior written notice of such action and shall be compensated for the professional services provided up to the date of suspension, cancellation or abandonment. VIII. PROHIBITION AGAINST CONTINGENT FEES The ENGINEER warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this Agreement, and that it has not paid or agreed to pay any persons, company, MAY 5 1982 pwc 49 PAU 651 MAY 51982 corporation, individual or firm, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Agreement upon the terms and conditions above stated on the day and year first above written. ENGINEER: Post, Buckley, Schuh & Jernigan, Inc. 3191 Maguire Boulevard, Suite 101 Orlando, Florida 32803 OWNER: Indian River County Board of Commissioners 1840 Twenty-Fif th Street Vero Beach, Florida 32960 (Seal); O� '„(! ! — C36.bbb Approved ' lo ferm and legal By., �t;r �Ettorney ATTACHMENT A - DESCRIPTION OF PROJECT Project: General Solid Waste Consulting Services Location: Indian River County,- Florida The nature, character, OWNER'S objectives and limits of the proposed project are described as follows: The ENGINEER shall provide professional solid waste consulting services to the OWNER. These services may include, but are not limited to, planning and design of facilities, economic evaluations, permitting assistance, field and laboratory testing and analyses, inspection and certification of facilities and general advice on current and pending rules and regulations. Initials of Signatories: ��. C For the ENGINEER Fa OWN EIR U Date . 3 - .� /— d'� Date 07 r �zr'- X1 A-1 J MAY 5 1992 49 PAGE 653 J I MAY 51992 B - SCOPE OF SERVICES The services to be provided by the ENGINEER under this Agreement fall generally An t; -le categories of general consultation, studies and reports, preliminary engineering, final engineering, field and laboratory testing, permitting assistance, and are described as f ollows: A. . Specific Services The OWNER shall, from time to time at its sole discretion, authorize the ENGINEER in writing to provide professional services relating to solid waste management under the terms of this Agreement. Said authorization will be referred to herein as "Specific Services Addendum". 'Each Specific Services Addendum will, by mutual agreement, set forth (1) the scope of services, and (2) the method and amount of compensation. The provisions of this Agreement will apply to each and every Specific Services Addendum unless otherwise agreed to in writing. Such services may include, but are not limited to, consultation and engineering in the following areas: Federal and State legislation in solid- waste activities as it may apply to the OWNER; Federal and State administrative regulations, rules, guidelines, - - 4 orders, etc., in solid waste management activities including, but not limited to, hazardous waste management, infectious waste management, landfill management, collection practices, and waste reduction facilities management; assistance in obtaining and/or renewing permits for solid waste facilities, including sanitary landfill permits, waste reduction facility permits, air pollution source permits; assistance in an update and/or review -of feasibility of resource recovery activities; facility design; water quality sampling and analyses at the OWNER'S sanitary landfill and abandoned dump sites in accordance with DER requirements; and other related functions as they may relate to solid waste management within Indian River County. B. Incidental Services The OWNER may from time to time request the Consultant provide incidental consulting services pertaining to solid waste management under this Agreement. Such professional services shall not be of sufficient magnitude to justify a Specific Services Addendum and may consist of, but are not limited to, responses to questions from the OWNER and providing professional advice/comments/recommendations and reports/proposals on solid waste management. The OWNER shall designate in writing the person or persons on the OWNER'S staff who are authorized to request such incidental services. C. Bi -Annual Report to Bondholders Every two years, commencing in 1982, the ENGINEER shall prepare a report for the OWNER which evaluates the operations and management of the Indian River County Sanitary Landfill and convenience collection station system as required by the Official Statement for Solid Waste Disposal System Revenue Bonds Series 1977, sold by Indian River County to finance construction of these facilities. The report shall be completed on or before May 1 of each year due and shall address the following topics in accordance with the requirements of the Official Statement: 1. the management of the properties 2. the sufficiency of the rates and charges for services to pay operating costs and debt service requirements 3. the proper maintenance of the properties of the facilities 4. the necessity for capital improvements and recommendations therefore. The specific content and lump sum fee for this report shall be developed and mutually agreed upon by Specific Services Addendum by the -ENGINEER and the OWNER on or before January 15 of each year the report is due. D. Semi -Annual and Annual Testing and Analysis On or. before June 15 and January 15 of each year, the ENGINEER shall conduct water quality sampling and analysis of test wells and surface water bodies located at the OWNER'S sanitary landfill site. On or before January 15 of each year, the ENGINEER shall conduct water quality sampling and analysis of designated monitoring wells for the OWNER'S abandoned dump sites -at Oshin, Roseland and Gifford. At least thirty days prior to the sampling date for each site, the ENGINEER shall contact DER to determine the specific sampling and analysis requirements for the site and shall submit a Specific Services Addendum to the OWNER which enumerates the specific testing requirements and estimated costs. Upon mutual agreement of the fee for water quality sampling and analysis, the OWNER shall notify the ENGINEER in writing to proceed with the work. Initials of Signatories: C < J- e For the ENGINEER For the OWN R Date S--T1-.el- Date �-5 -''//_�-). — A50/bbb L MAY 51982 POOK, PAU 55. MAY 5 198 ATTACHMENT C - COiviz I. METHOD OF COMPENSATION OWNER agrees to compensate the ENGINEER for the professional services provided under each Specific Services Addendum based on "Time Charges", "Lump Sum", "Unit Cost", or a combination thereof, or some other means of determining the ENGINEER'S compensation which is mutually acceptable to the parties hereto. Said compensation shall be identified in each Specific Services Addendum. II. SCHEDULE OF RATES A Schedule of Maximum Salary Rates is attached hereto as Exhibit C-1 and is made a part hereof. Said schedule shall be updated annually on or about January 1, commencing on or about January 1, 1983. III. INCIDENTAL SERVICES A. ENGINEER shall provide Incidental Services as called for under Paragraph B of Attachment B and shall be compensated monthly by the OWNER based on Time Charges plus Out -of -Pocket expenses. Said compensation, and the professional services therefor, shall not exceed $400 per month, and the ENGINEER shall not be obligated to provide incidential services beyond the $400 limitation without prior written authorization of the OWNER. Such charges shall be separately identified on monthly invoices. B. Time Charges shall be based on the cost of salaries shown on the Schedule of. Rates attached hereto as Exhibit C-1. Such charges shall be determined by taking the direct personnel expense of all those persons engaged directly on the Incidental Services and adding a surcharge of 150% for overhead and profit. Direct personnel expense is defined as the cost of salaries plus fringe benefits (including sick leave, vacation, holiday pay payroll taxes, retirement and insurance benefits applicable thereto) of engineers, planners, technicians, draftsmen, typists (records/specifications), surveymen, etc., for time directly chargeable to the Incidental Services. C. The OWNER shall reimburse the ENGINEER for all out-of-pocket expenses directly chargable to Incidential Services at actual cost incurred, plus a service charge of 10%. - Such charges shall be itemized and included in the monthly invoices. Typical reimbursable out-of-pocket expenses include travel, lodging, meals and travel expenses when travelling in the OWNER'S behalf, identifiable communication expenses, identifiable reproduction costs, ' computer machine time charges, survey supplies, and special accounting expenses not applicable to general overhead. IV. PROFESSIONAL ASSOCIATES The OWNER agrees to reimburse the ENGINEER for the direct cost plus an administrative charge of 10% for the services of Professional Associates, whose expertise is required to complete the OWNER'S project. Such services may include electrical, mechanical, aerial photography, architectural, etc. The use of any Professional Associate must be approved in advance by the OWNER. V. INVOICES Invoices shall be submitted as provided in each Specific Services Addendum. Invoices for Incidental Services shall be submitted immediately following the end of the month during which such services were provided. The OWNER agrees that unpaid invoices shall accrue interest based on the rate of 10% (ten percent) per annum, after they have been outstanding/unpaid for 30 days after date of invoice. If the ENGINEER employs legal services to collect overdue amounts, the OWNER agrees to pay all costs of collection, including reasonable attorney's fees, whether action be brought or not. Initials of Signatories: For the ENGHMEER For the OWNER Date X — 3/-- F C34.a Date t-5-- //— V, Q— id r T-F$dS1,__ ,rte::; S"- :fir•.. a: .:L :� MAY 51982 �,,: 49 FA 1 -IF MAY 5 1882 EXHIBIT C-1 SCHEDULE OF MAXIMUM SALARY RATES Job Classification Principle Group Manager Project Manager Senior Engineer Planner Engineer Economist Designer Technician Draf tsperson Graphics Operator Computer/Key Punch Operator Editor Report Typist Secretary �anK 49 .-PnE s Maximum Salary Rate ($/hr.) 6- $58.56 21.25 21.25 17.88 14.90 12.81 15.63 13.86 9.70 8.38 6.89 5.67 11.54 6.56 7.98 Effective Date: January 1982 C36.xx -I 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.79957 - 80235 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 5:14 o'clock P.M. Attest: Clerk Chairman MAY 5 1982 104