Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
11/3/1982
MA 7� Wednesday, November 3, 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, November 3, 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 Michael J. Wright, Administrator; L. S. "Tommy" Thomas, Community Services Director; 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. Pastor Vep Hudson, Church of God, gave the invocation, and Commissioner Wodtke led the Pledge of Allegiance to the Flag. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of September 1, 1982. Commissioner Bird requested that on page 48, line 1, the name "Kent" be corrected to read "Ken." ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously ,approved the Minutes of the Regular Meeting of September 1, 1982, as corrected. The Chairman asked if there were any additions or correcti,ons to the Minutes of the Regular Meeting of September 15, 1982. fiP r; -E7"' NOV3 �x7 7 1 VU, ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously approved the Minutes of the Regular Meeting of September 15, 1982, as written. The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of September 22, 1982. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously approved the Minutes of the Special Meeting of September 22, 1982, as written. The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of September 29, 1982. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Bird, the Board unanimously approved the Minutes of the Special Meeting of September 29, 1982, as written. The Chairman suggested that, in the future, the agendas of the meetings be attached to the appropriate Minutes. ADDITIONS TO AGENDA The Chairman asked if there were any additions to the Agenda. Commissioner Lyons requested adding an item regarding the Humane Society. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unanimously 2 agreed to add the emergency item to the Agenda regarding the Humane Society. Administrator Wright requested adding an item concerning hazardous conditions in Sebastian. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously agreed to add the emergency item to the Agenda as requested by the Administrator. Attorney Brandenburg requested adding an item concerning a response to Judge Stikelether's attorney, which could be included after the report on the formaldehyde symposium already on the Agenda. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously agreed to add the emergency item to the Agenda as requested by the Attorney. r N O V 3 1982 3 x 51P-,,�775 NO V 3 1982 51 7�� 6 CLERK TO THE BOARD A. Approval of Budget Amendment - Law Library The Board reviewed the following memorandum from the Finance Director: October 20, 1982 To: Board of County Commissioners From: Jeffrey K. Barton, Finance Director Re: Law L i b ra ry The following Budget amendment is necessary because the County will pay 25% of Receptionist salary for the Law Library. I recommend that funds be adopted as part of the additional funds approved. Account Title Regular Salaries FICA Retirement Workmen's Compensation Reimbursements Account Number Increas-c Oo1--904-516- x1.12 "lz,569. 001-904-516.12:11 173. 601-904-516-•-12.12 281, 001-904-516-12.14 15. 001-•000-369-40.00 3,038. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously approved the budget amendment regarding the Law Library, as recommended by the Finance Director. B. Budget Amendment - Pebble Bay Sewer The Board discussed the following memorandum dated October 20, 1982: 4 Decrease October 20, 1982 To: Board of County Commissioners � From: Jeffrey K. Barton, Finance Director 03, Re: Pebble Bay Sewer The following Budget amendment is necessary to establish a Budget for Pebble Bay Sewer. recommend that the funds be adopted as part of the additional funds approved. Account 3'; t l e _ _ Account : Number (ricrea>e Iiecrease Sewer Assessments 704-000-363-20.00 $50,000. Cash Forward 704-000-389••40.00 74,475, Engineering 704-215-535-33.13 32,110. Construction in Progress 704-215-535-66.51 33,444. City of Vero Beach 704-215-535-88.11 29,438. City of Indian - River Shores 704-215-57.5=-H.12 19,458.. Advertising - Except Legal 704-215-535-34.81 25, Interest Debt Service 704-215-535-77.21 5,000. B.C.C. Contingencies 704-215-535-99.91 5,000. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously approved the budget amendment for Pebble Bay Sewer, as recommended by Finance Director Barton. C. Annual Report - Tax Collector ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously. accepted the Annual Report for the Tax Collector for year ended September 30,'1982. � �� x7 - fox ��;�� � . I OV 3 1982 5 r NO V 3 W2 wK 01 F,,1377_18 CF•/13 - 8n7) ANNUAL REPORT ' Indian River -_-�-..._------ ---COUNTY, TAX COLLECTOR STATEMkNT OF REVENUES AND EXPENDITURES FOR THE YEAR ENDED SEPTEMBER 30, 1111liz_ SECTION 216.35, FLORIDA STATUTES REVENUES FINAL BUDGET ACTUAL BUDGET DIFFERENCE —_ 11) __...._. - 121 (3) Misc. & Postage COR+IAlI1S5lONS: 30,000.00 _ 60,992.62 -- (30,992.62)_ 8 Tax Cert. Sale 10_000_00_ 35,477.68- __ (25,4_77_.68) county & Fire Districts 360_000.00 323,601.26 —M 36,398_74_ Districts School _-- 16,000.00 _ _ 17,404.16 (1,404.162 Water Control Districts -_- _5,600.00_ --_ 6,019._09- ___ St. John's River WMD 3,500.00 2,776.76_ ___`__(419.09 723.24_ I.R. Memorial Hosp. M 150.00 19,353.62_ W5,913.21 _—_ ( 19,203.62 State Sales Tax Comm. 17,500.00 Hunting/Fishing Fees `-3_300.00 3,239_40_ _ _11,586,79 -60_60` Boat License Fees _ _ 6,000.00 — -- _ 7,763.00_ ~7,092.57_ �- (1,763.00 I.R.C. Mosq. Control —_9,000.00 — N 1,907.43_ Total Commissions _ 461,050.00 -- 489,633.37 (28,583_37) Occ.Lic.Trans.Fees Other -List 200.00_ 49_5.00 (295.00) DMV Tag.& Title Fees 148,30_0.00_—��143,507.65 _ ~ 4,792.35 Advert. & Tax Redemption Fees 23,500.00 57,494.25 _ _(33,994.25) TOTAL REVENUES 633,050.00 6911130.27 EXPENDITURES SALARIES AND BENEFITS: Salary of Tax Collector 29,326.00 29,326.00_ -0- Other Salaries _ 308,932.00_ -- 287,022`25 N�_-- --_ 21_909.75 _ Overtime Benefits — 87,079.00_ 79,272_83 7,806.17 Total Salaries and Benefits _4255337.00 _ 395,621.08 --_ _ �— 29,715.92 _ OTHER PERSONAL SERVICES: Temporary Employment w-18,500.00_ 18,396.74 103.26 - PROFESSIONAL PEES: Legal Services 1,000.00 _ 209.80 790.20 Accounting Services Contingency Contracted Services — ---- _._,------ -------- OtherList -------------- --------------- Total Other Personal Services __1 1000.00 209.80 ----------- -- 790.2_0_ _ EXPENSES: Postage. 30,800.00 ___7,50_0700 30, 735.70 64.30 Telephone 2 29352 � 6.48 Printing and Reproduction ------------- --- ---------- -------------- Forms------_-------- -------------- .. ILI Repairs and Maintenance' ' 25^ 50 00 -- 25,747.51 _ --- 2.49-- Travel � Q� 11fi�;�l1 (�}�A700.00_ 6,623.16 76.84 ,il Data Processing �i3�':f 46 �_ 20 0 00 _ 45_,631.88 ___---- ------- -568.12- 41:� EXONTINUED : FINET ACTUAL MDIFFE14E. I jl (2) (3) Maps Legal Advertising Motor Fuels and Lubricants Office Materials and Supplies Insurance and Surety Bonds Rental -Office Equipment Rental•Vehicles. Association Dues Education and Training Contingency Unemployment Compensation Other •list Armored Car Serv. Total Expenditures OPERATING CAPITAL OUTLAY: Books Motor Vehicles Office Furniture and Equipment s Other -Identify Total Operating Capital Outlay TOTAL EXPENDITURES BUDGET EXCESS OR EXCESS FEES • TOTAL 55,000.00 21,100.00 2,000.00 -------------- _ 1,200.00 _ r 1,200.00 2,414.00 —_—_ 3,840.00 —_ 643,341.00 ------------ 22,500.00 ------------ 22,500.00 665,841.00 (32,791.00) 633,050.00 54,699.21 -- 21,001 88 1,895.00 -------------- 1,178.00___ 980.00 -------------- XXXXXXXXXXXXXX 2,267.90' 3,840.00 -- 611,121.38 ------------ 22,464.45 -------------- 22,464.45 633,585.83 57,544.44 691,130.27 300.79 j -- ______ 105_00 ------------- 22.00 _ 220.00 ~ 146.10 -- 32,219.62 35.55 -------------- 35.55 —_ 32,255_._1_7___ (90,335.44) (58,080.27) • IN ACCORDANCE WITH SECTION•215.36(Z ), FLORIDA STATUTES, ANY EXCESS MONEY HELD BY A TAX COLLECTOR SHALL BE DISTRIBUTED TO EACH GOVERNMENTAL UNIT IN THE SAME PROPORTION AS THE FEES PAID BY THE GOVERNMENTAL UNIT. THIS SHOULD BE DONE AS FOLLOWS: DIVIDE THE GROSS AMOUNT OF INCOME INTO THE FEES PAID BY THE GOVERNMENTAL UNIT TO OBTAIN A PERCENTAGE. MULTIPLY THE EXCESS INCOME BY THE PERCENTAGE TO OBTAIN THE AMOUNT DUE THE GOVERNMENTAL UNIT. WHERE THE EXCESS FEES SO DISTRIBUTED DO NOT EQUAL THE TOTAL EXCESS MONEY ON HAND DUE TO THE PAYMENT OF A PORTION OF THE TOTAL FEES BY UNITS OF GOVERNMENT. SUCH AS STATE AGENCIES, WHICH ARE NOT Ik'ITHIN THE DEFINITION OF "GOVERNMENTAL UNITS," THAT EXCESS SHOULD BE PAID OVER TO THE COUNTY GENERAL FUND. •• PLEASE ATTACH A SCHEDULE OF THE DISTRIBUTION OF BUDGET EXCESS OR EXCESS FEES. STATE OF FLORIDA COUNTY OF Indian River Gene E. Morris ,TAX COLLECTOR OF _N Indian River COUNTY, STATE OF FLORIDA, DO SOLEMNLY SWEAR THAT THE FOREGOING IS A TRUE, CORRECT, AND COMPLETE REPORT OF ALL REVENUES AND EXPENDITURES OF MY OFFICE FOR THE YEAR ENDING THE 30th DAY OF SEPTEMBER, 111_82 _ SWORN TO AN UBSCRISED 8EF RE THISDAY OF -- --1----------------, --------'%� D. 19. LG �r_' Signaturr ^--------__-- A. //-�/����1 Indian River -------- — ------------- , COUNTY THIS REPORT SHOULD BE SUBMITTED TO THE BOARD OFC LINTY G ' COMMISSIONERS, WITH A COPY TO THE DEPARTMENT OF BANKING AND FINANCE ON OR BEFORE OCTOBER 15th OF EACH YEAR. Nawy P", State of lkrws GERALD LEWIS —COMPTROLLER OF FLORIDA My tonaissioa Expires Feb. 10, 1986 landed 1Mr Ia1, hm • Iawrs"o, lac. N OV 51 rii 3 1992 K ;0� ` ON A ' ' . _ h-.-,�-_.-._.,�L--- -- ---- -' i� ..._.-_ . _rte= _�': -+'�f� ���li'���=/� -_ ��lG� �(�'�if //�f �w, A��l r/ 71#51 Afr-17 7WO yI 'Ile 11 i h!;,., lMex - I A OVA *4 13 .00 14 17 f �-elzx- &V/ o nil r- lil 1! 7/1 wr/ /,I— - 1 %lo I ell i r 211 ,1 0,11,ell' 1�4 00 4e�l 25 2b , li �� '' 79G� 1, �.i i.. I-01 112 31 VVT/ 31' 34�35 36 D. Annual Report - Sheriff Commissioner Fletcher inquired about the blank space for "Actual Receipts from County." Finance Director Barton stated this would be taken care of and brought to the Sheriff's attention. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously accepted the Annual Report of the Sheriff for year ended September 30, 1982, with the blank space filled in properly. r NOV 3 1982 r 9 box r,`,`7. r NOV 3 1982 Form C412 -S RECEIPTS ANNUAL REPORT Indian River , COUNTY, SHERIFF FOR THE YEAR ENDED SEPTEMBER 30, 19 82 Section 116.03, Florida Statutes. GERALD LEWIS STATE COMPTROLLER ACTUAL RECEIPTS FROM COUNTY Received from Indian River County ACCOUNT FINAL ACTUAL BUDGET* NU;IIBER EXPENDITURES BUDGET EXPENDITURES BALANCE (1) (2) (3) 782 41 Sheriff's Salary 34 286.00 34.286.00 42 Salaries of Deputies and Assistants 1,963,508.77 12954,456.63 9,052.14 Payroll Taxes 389A56.23 389,456.23 _ _0_ EXPENSES OTHER THAN SALARIES: 431 Auto 267,896.61 432 Travel 4,252.01 433 Radio 17 70-2.1 2 434 Other Criminal 66, 920.01 435 Food for Jail 61, 218.03 _ 436 Care for Prisoners 32,759.58 437 Jail Utilities 37,596.51 438 Jail Supplies 6,959.44 439 Other Jail 7,045.88 440 Telephone and Telegraph 31 ,835.98 441 Office Supplies 33.735.60 442 Other Administrative 220, 272.32 43-44 TOTAL 788,207.00 _ 788,194.09 12.91 EQUIPMENT:. (Capital Outlay) 451 Auto 173,233.70 452 Jail 3,099.60 453 Radio 14,769.60 454 Other 7,423.72 `5 TOTAL 198,532.00 9 26. _ 5.38 46 Investigations 15,000.00 15,000.00 -0- 0_47 47 Contingencies —0 _ =Xx _0M Total Budgetary Expenditures 3,388,990.00 3,379.919.57 9,070.43 Refund to County XXXXXXXXXXX. 9,070.43 9,070.43 TOTAL 3,388,990.00 3,388,990.00 NOTE: (1) In Column 1, "Final Budget", and also Column 3 "Budget Balance", enter Total Only for items 41, 42, 43-44, 45, 46 and 47. (2) In Column 2 "Actual Expenditures", enter amount for EACH ACCOUNT LISTED. STATE OF FLORIDA COUNTY OF Indian River 1, R. T. "Tim" Dobeck Indian River Sheriff, County of ,State of Florida, do solemnly swear that the foregoing is a true, correct and comk—t-lreport of all receip and expenditures of my office for the year ending the 30th of September, 19 82 Sworn to and subscribed before me this 13th day ,r N of October A.D. 19 82 .,ate �� Ind'ia6, ;diver County Notary Public, State of Florida at Large, - My Commission Expires Dec. 28, 198� E. Annual Report - Property Appraiser ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously accepted the Annual Report of the Property Appraiser for year ended September 30, 1982. 4K FE78 Nov 3 1982 11 CF- It3 AM177) a OV 3 1982 REVENUES ANNUAL REPORT Indian River -- — COUNTY, PROPERTY APPRAISER A STATEMENT OF REVENUES AND EXPENDITURES FOR THE YEAR ENDED SEPTEMBER 30,19 82 SECTION 218.38, FLORIDA STATUTES Board of County Commissioners Other -List or attach sch#oule .' TOTAL REVENUES EXPENDITURES , SALARIES AND BENEFITS: Salary of Property Appraiser Other Salaries Overtime Benefits Total Salaries and Benefits OTHER PERSONAL SERVICES Temporary Employment PROFESSIONAL FEES: Appraisal Services Legal Services Legal B.T.A. Accounting Services Contingency Contracted Services Other -List Total Other Personal Services EXPENSES: Postage Telephone Printing and Reproduction Forms Repairs and Maintenance Travel Data Processing Maps Aerial Photos Legal Advertising Motor Fuels and Lubricants Office Materials and Supplies Insurance and Surety Bonds Rental -Office Equipment Rental—Vehicles Association Dues FINAL BUDGET ACTUAL BUDGET DIFFERENCE (1) — (2) (3) ' 601,063.90 601,063.90 94,611.10 _ 94,611.10 -- --- --a_ 695_5675.00 _ _ — 695,675-00 ------------ -- -0 -- 695,675.00 — -- 695,675.00 ---- -0- ----_ 31,986.00 364,002.11 _ Incl. 106,985.89 502,974•.00 M_ 34,716.49 7,450.00 -.--223i. 51 Incl. -0- 51,401.00 8,090.00 3,600.00 M 3,360.00 -0- 1,500.00____ 12,800.00 45,500.00 _ M 150.00�� 7,000.00 7,830.00---- 4,900.00 5,500.00 1,220.00 ----- 11500.00 31, 9_86_._00 364,002.11 Inc). 106,985.89 502,974.00 34,716.49 7,450.00 q,2341 ;j Incl. -0- 51,401.00 7,722.32 3,375.47 N 3,359.86 -- 2,845.98 �— — 12,531.61 --- 45,236.56 ----- --- 150.00 _-- 6,695.18 _ 8,331-82 --- _ 4,865.90 1_213.90 1,249.72 -0- ------------- 367.68 224.53 -- .14 ~— __-- I 1,345_98) _ ----- 26_32-- 263.44 -0- 4.82--- (501_82) -- 160.50 ------------- 634,10 6.10 250.28 EXPEN ONTINUED: FINAL BUDGET ACTUAL BUDGET DIFFERENCE 111 – 121 - (3) -- — ------ Education and Training Contingency 10,100.00 Unemployment Compensation —� 00 Other -List Moving Exp. 228.00 -------------- Returnes E Allowances_ 115,27800 -0- ---- Total Expenses -------------- OPERATING CAPITAL OUTLAY #4 Books Motor Vehicles Office Furniture and Equipment Other -identify Loan Fund Total Operating Capital Outlay TOTAL EXPENDITURES BUDGET EXCESS" TOTAL —_1j620_00 ____ 6,402.00 _5,000.00 13,000.00 -- 26,022.00 —M 695,675.00 XXXXXXXXXXXX9X 695,675.00 12,256.50 XXXXNXXXMM98 (1,296.34) —�_ 115,460.94 ___j 2LCL2. q0 _ _ 3,489.48 _ 13,000-00 24,797.87 694,663.00 1,041.19 .. —_5..16 L.O (2,156.50) -------------- 1,296.34 ---- (182.94)__ 1 L041.1 ____ • ACCORDING TO SECTION 311J4(2). FLORIDA STATUTES. ANY EXCESS HELD BY AN APPRAISER SHALL BE DIVIDED INTO PARTS FOR RACH GOVERNMENTAL UNIT WHICH WAS BILLED AND WHICH PAID FOR THE OPERATION OF THE APPRAISER'S OFFICE. IN THE SAME PROPORTION$ AS THE GOVERNMENTAL UNITS WERE ORIGINALLY BILLED. SUCH PART SHALL BE AN ADVANCE ON THE CURRENT YEAR'S BILL. IF ANY. •• PLEASE ATTACH A SCHEDULE OF THE DISTRIBUTION OF BUDGET EXCESS. F STATE OF FLORIDA Indian River COUNTY OF — David C. Nolte 1, _.��..�..PROPERTY APPRAISER OF Indian mgr _______COUNTY, STATE OF FLORIDA, DO SOLEMNLY SWEAR THAT THE FOREGOING IS A TRUE, CORRECT, AND COMPLETE REPORT OF ALL REVENUES AND EXPENDITURES OF MY OFFICE FOR THE YEAR ENDING THE 30th DAY OF SEPTEMBER, t9.. 82— V Attachments A S B are an Integral part of this report SWORN TO AND SUBSCRIBED BEFORE ME THIS — 15 --- DAY OF October r_� __ f +�_�------___—__ a Signature A.D. 119—L �NOV3 1992 Indian River COUNTY THIS REPORT SHOULD BE SUBMITTED TO THE BOARD OF COUNTY COMMISSIONER$, WITH A COPY TO THE DEPARTMENT OF BANKING AND FINANCE ON OR BEFORE OCTOBER 15th OF EACH YEAR. GERALD LEWIS —COMPTROLLER OF FLORIDA 051 FA76E 7R�5 Attachment A David C. Nolte PROPERTY APPRAISER INDIAN RIVER COUNTY 1840 - 25th STREET VERO BEACH, FLORIDA 32980 In addition to the budgeted revenues and expenses reported, my office handled the following: 1. Sales of copies of maps and property record cards - all of which is remitted to the county. $10,925.76 received and remitted. 2. Costs of TRIM notices (We paid the bills and were reimbursed by the county). $19,906.91 remitted and received. 3. Income from R.P. Tags - $1.25 4. Income from investments - $3,151.44 Attachment B EXCESS R.P. Tags $ 1.25 Budget Excess 1,041.19 Investments 3,151.44 BUDGET AGENCY TOTAL $4,193.88 $601,063.90 Ind.River Co. .864001 $3,623.52 12,307.19 Mosquito Cont. .017691 74.19 478.62 Sebastian In]. .000688 2.89 2,439.73 St.Johns Riv.Ba..003507 14.71 984.38 St.Johns R-iv.Dt..001415 5.93 72,869.87 S.Co. Fire .104747 439.30 936.38 W.Co. Fire .001346 5.64 2,124.59 N.Co. Fire .003054 12.81 93.92 Rockridge SLD .000135 .57 561.41 S.Bch.Water .000807 3.38 _ 1,815.01 Hosp.I&S 59 .002608 10.94 $695,675-00 1.0000 $4,193.88 CONSENT AGENDA A. Report on File The following report is on file in the Office of the Clerk: Indian River Farms Water Management District Board of Supervisors Meeting - 9-9-82 B. Medical Examiner's Contract ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously approved execution of the Medical Examiner's Contract. N Q V 3 1982 15x 51 F.t E' 7 r1992 NOV 3 C O N T R A C T Between' STATE OF FLORIDA DEPARTMENT OF LAW ENFORCEMENT 1 MEDICAL EXAMINERS' COMMISSION AND INDIAN RIVER COUNTY for MEDICAL EXAMINER FUNDS This Contract is entered into between the State of Florida, Department of Law Enforcement, Medica, Examiners Commission, hereinafter referred to as" "COMMISSION", and Indian River County, a political subdivision of the State of Florida, hereinafter referred to as "COUNTY", through its Board of County Com- missioners, and the DISTRICT MEDICAL EXAMINER. Any reference in this Contract to "DISTRICTS" shall mean Medical Examiner District 19 as established by the Medical Examiners Commission under Chapter 406, Florida Statutes: WI THE S SETS[: WHEREAS, Chapter 406, Florida Statutes, and Rule 11G-4, Florida Admini- strative Code, authorize the COMMISSION to disburse to the COUNTY State funds for medical examiner services and to oversee the distribution of State funds for said purpose. NOW, THEREFORE, in consideration of the mutual understanding and the pro- visions, terms, and conditions hereafter set forth, the COMMISSION and the COUNTY mutually agree as follows: 1. COUNTY Agrees: A. To comply and act in accordance with all provisions of Chapter 406, Florida Statutes, and implementing rules of the Medical Examiners Commission, where applicable. B. The funds provided to the COUNTY under this Agreement shall be used only for medical examiner related expenses, said uses to include, C. but not be limited to, the following: (1) Salaries and/or fees for service (2) Transportation (3) Facilities and equipment (4) Laboratory services (5) Administrative costs (6) Other related expenses The COUNTY ano the DISTRICT MEDICAL EXAMINER shall provide the COMMISSION with: (1) A County Annual Expenditure Report on forms to be provided by the COMMISSION identifying total funds expended or encum- bered for medical examiner services during the 1981-82 County Fiscal Year. (2) A copy of the budget adopted for medical examiner services for the current County Fiscal Year. r (3) The second installment of funds disbursed by the COMMISSION shall be paid as outlined in Paragraph 2.8. below on page 4. The COUNTY and. the DISTRICT MEDICAL EXAMINER will comply with re- quests from the COMMISSION for information regarding expenditures for support of medical examiner activities in their county, pursuant to Chapter 406, Fla. Stat. -2- N 0 V 3 1982 r 140V 3 E. The COUNTY and the MEDICAL EXAMINER further agree: (1) To comply with Title VI and VII, Civil Rights Act of'1964 (42 USC 2000d), Executive Order No. 11246, entitled "Equal EmploymeAt Opportunity", as supplemented in Department of Labor Regulations (41 CFR Part 60), and Federal Regulations concerni4g nondiscrimination because of mental and physical handicapq. (2) To meet the standards of accountability of Rule 11G-4.06, Florida 4dministrative Code, which include the following: (a) Eac4 county shall use an accounting system which meets generally accepted accounting principles: (b) Each county and each district medical examiner shall main- tair4 such records and accounts as are necessary to properly accg1unt for state funds disbursed by the Commission. (c) All records relevant to this rule shall be retained for a period -of not less than three years, unless otherwise provided by law. (d) Records and accounts necessary to justify the use of state funds for medical examiner services shall be open to inspection for audit purposes to the COMMISSION, the DepArtment, and the Auditor General. (e) Funds received from the COMMISSION shall only be used for the provision of medical examiner services. F. In the event of COUNTY's noncompliance with any provision of this Contract, the Contract may be terminated or suspended in whole or part by the COMMISSION upon thirty (30) days written notice to the COUNTY. -3- e r e 2. The COMMISSION Agrees: A. To pay the COUNTY a total sum of $8,850 to be paid in semisannual payments of $4,425. B. Payment shall be made on a semi-annual basis. Payment for the first two quarters shall be made upon execution of this Contratt. The second paypnent shall be made when the documents outlined in Item 1(c) above are provided to the COMMISSION and after the COM- MISSION has received its 4th quarter allotment of General Revenue Funds, approxipvately April 1, 1983. 3. This Contract is effective for the State Fiscal Year July 1, 1982 through June 30, 1983. 4. The Contract is subject to the availability of funds, and the determin- ation as to such av#ilability rests solely with the COMMISSION. If funds become unavailable, the COMMISSION may terminate this Contract on twenty-four (24) hour notice. 5. Any alterations, variations, modifications or waivers of provisions of this Contract shall only be valid when they have been reduced to writing, duly signed and attgched to the original of this Contract. The parties agree to renegotiate this Contract if State revision of any,appl.icable laws or regulations make changes in this Contract necessary. 6.' The COUNTY and the DISTRICT MEDICAL EXAMINER shall be independent con- tractors, and not the agent or servant of the Department and shall not be entitled, as a result of this contract, to any benefits granted employees of the State of Florida. The COUNTY and the DISTRICT MEDICAL EXAMINER shall have complete supervision and control over their own agents, servants and employees. 7. The Department shall not be deemed to assume any liability for the acts, omissions to act or negligence of the COUNTY or the DISTRICT MEDICAL MEC3/D1 - -4- N O V 3 1982 K �.�, E791 r O V 3 1982 wK 51 7,92 EXAMINER, their agents, servants, and employees; nor shall the COUNTY or DISTRICT MEDICAI, EXAMINER exclude its own negligence to the Depart- ment or any third party. 8. This Contract contains all the terms and conditions agreed upon by the parties. Any items incorporated by references are physically attached. No other agreements, oral or otherwise, regarding the subject matter of • this Contract, shall be deemed to exist or to bind any of the parties hereto. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: Indian River COUNTY through its BOARD OF COUNTY COMMISSIONERS, signing by and through its Chairman, authorized to execute salpe by Board action on the 3rd day of November , 192 the DISTRICT MEDIPAL EXAMINER, and STATE OF FLORIDA, FLORIDA DEPARTMENT OF LAW ENFORCEMENT, MEDIIPAL EXAMINERS COMMISSION, signing by and through its Staff Director, duly autoorized to executive same, and by the COMMISSIONER OF THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT. Date State of Florida, Medical Examiners Commission Staff Director Date State of Florida, Department of Law Enforcement Commissioner ...� G i November 3, 1982 Don C. Scurlock, Jr. I Date Chairman, Board of County Commissioners t Indian River County, Florida ;. i Date ov� / / � District Medi Examine , l District Ap�rovr-,-,andlec to i rm MEC2/C -5- ; G y M. Brandenbu N ou ty Attorney S 11 1 C IIGA8500II RUN DATE 9/30182 1982-83 BUDGET YEAR PAGE OCTOBER 1.1962 - SEPTEMBER 30.1983 001-907 MEDICAL EXAMINER y� IIIIII:�II 1982-83 FISCAL YEAR 1981-82 1980-81 1979-80 1978-79.,8 PROPOSED ADJUSTE_0 ADJUSTED ACTUAL PROJECTED ACTUAL ACTIjAI, ACAL� II—IIO ACCOUNT BUDGET BY BOARD, BUDGET BUDGET EXPENSE EXPENSE EXPENSE EXPENSE I f: 527-33.12 MEDICAL SERVICES 35.000 O 35.000 35.000 35.0007.95 SUB—OBJECT TOTAL 35.000 II 0 II 39•000 II 35.000 II 35.000 II 27.945 II 26.197.3 21.047 OBJECT TOTAL — 35.000 II O II 35.000 II 35.000 II 35.000 II 27.945 9 26.197 II 21.047 SUB—ACTIVITY TOTAL — 35.000 3 0 II 35.000 3 315.000 II 35*000 3 27.945 3 26.197 * 21.047 �J i i ---^-- — — 1. C% f!•, c .i - �"� i. !r�r•r -r,: ' s ,i r.. ..;� �'� uS �l+t '�• r .t � :`'j! ,._t. F ,t. ., 39�.'4� C:�!����• '7�• �,yy C. Site Plan Extension - Doyle Cotton The Board reviewed the following memorandum from Mary Jane V. Goetzfried dated October 18, 1982: -TO: The Honorable Members of the Board of County Commissioners THROUGH: Art Challacombe Planning Dept. Mgr. DIVISION HEAD CONCURRENCE: ?a*ti_c4k4 Bruce King, I 74 DATE: October 18, 1982 FILE: IRC -8I -SP -98,#659 .DOYLE W. COTTON, OWNER SUBJECT: ANTE (MULTI -RESIDENTIAL) REQUEST FOR SITE PLAN APPROVAL EXTENSION FROM: Mary Jane V. REFERENCES: LETTER FROM CHARLES E. GARRIS Goetzfried DATED OCTOBER 5, 1982 On Febraury 25, 1982, the Planning and Zoning Commission unanimously approved the site plan application submitted by Mr. Doyle Cotton to construct 12 multi -family units on Lot 125"in the Moorings. Construction has not begun due to the discovery of a private deed restriction that places an absolute height limit of 35 feet on the proposed development. This con- flicts with the approved site plan. The applicant is in the process of negotiating this limitation. All proposed revisions to -the originally approved site -plan will require the submittal of a revised application. The Board of County Commissioners may„at their discretion, grant an extension of the site plan approval expiration date as provided in Section 23(h) of the Zoning Code. RECOMMENDATION: Staff recommends Mr. Doyle Cotton be granted a one-year extention of the site plan approval for Lot 125 in the Moorings. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board, with a vote of 4 to 1 with Commissioner Fletcher voting in opposition, accepted the recommendation of staff to grant a one year extension of the site plan approval, as requested by Doyle W. Cotton. D. Site Plan Extension - FST Partnership The Board reviewed the following memorandum dated October 12, 1982: The Honorable Members of the TO: Board of County Commissioners DATE: October 12, 1982 THROUGH: Michael Wright, County Administrator FILE: SUBJECT: REQUEST FOR EXTENSION OF SITE PLAN APPROVAL FROM F S T PARTNERSHIP FROM: P. Bruce King,��✓( REFERENCES: LETTER FROM GEORGE FREDERICK Community Development Director DATED 10/6/82 DESCRIPTION AND CONDITIONS On -December 17, 1981, the Planning and Zoning Commission unanimously approved the site plan application submitted by George Frederick to construct an office/townhouse complex to be known as The Meadows. The development plan for the 3.9 acre parcel, located on the north- east corner of 43rd Avenue and 1st SV, includes 2 structures, each containing 8 offices on the street level with 8 townhouses above. The project has suffered a severe setback in the death of Mr. Paul Rosscamp, the engineer for the development. This, combined with monitary constraints due to the current recession, has not permitted construction to begin. The Board of County Commissioners may at their discretion grant an extension of the site plan approval expiration date as provided in Sec. 23(h) of the Zoning Code. RECOMMENDATION Staff recommends Mr..George Frederick, acting on behalf of F S T Part- nership, be granted a one-year extension of the site plan approval for the first addition to The Meadows. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously accepted the recommendation of staff to grant a one year extension of the site plan approval, as requested by the FST Partnership. HOLIDAY SCHEDULE - FY 1983 The Chairman inquired if all of the Constitutional Officers had reviewed the holiday schedule. The Administrator commented that he could not answer that question. N1 0v 3 1982 -17 to 51 9 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unanimously agreed to table this item until later. SECTION 8 EXISTING HOUSING RENTAL ASSISTANCE The Board discussed the following information: TO: Board of County Commissione'@ATE: October 25, 1982 FILE: THRU: -Mike Wright County Administrator - SUBJECT: Section 8 Existing Housing Rental Assistance Program -Annual Contributions. '(Revision 1) FY 1983 FROM: Edward J . egan REFERENCES: Executive irector IRC Housing Authority In accord with our Section 8 Annual Contributions Contract A-3409, the Board of County Commissioners approved ari Annual Estimate of Funding Contributions for FY 1983 on July 14, 1982. The U. S. Department of Housing and Urban Development has concurred in those estimates. They have tentatively apM,596.00 ved a carry over of prelim- inary funds in the amount of for FY ending September.30, 1982 to FY ending September 30, 1983. Before they can give final approval, we must submit a revised estUmate for the FY ending September 30, 1983 reflecting the preliminary cost. We are submitting HUD Form.52672, Revision 1 (Estimate of Required Annual Contributions) and HUD Form 52673, Revision 1 (Estimate of Total Required Annual --Contributions), requisitioning funds to cover our Section 8 Housing Assistance Program for FY 1983. I respectfully request the Board of County Commissioners' concurrence in the execution of the revised form 52672 and attached form 52673 by the Chairman. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board, with a vote of 4 to 1 with Commissioner Fletcher voting in opposition, authorized the signature of the Chairman on the appropriate documents, as requested by Edward J. Regan. 18 PA2TMENT OF HOUSING AND URBAN DEVERFMIT SECTION S -HOUSING ASSISTANCE PAYMENTS PROGRAM ESTIMATE OF TOTAL REQUIRED ANNUAL CONTRIBUTIONS 4AVc AND AD1t14E5:a OF PUBLIC HOUSING A(itFt,CY Indian River County Board of County Commissioners 1840 25th St., Suite S -hl Vero Beach, F1a.32960 t;)CUP 5 Dept. of HUD 325 West Adams St., Jacksonville, Fla. 32202 +ucrilR�,..ICJ�ve oF%UD -- Richard B. Russell Federal Bldg. 75 Spring St., S.W. Atlanta, Ga. 30303 LINE UMBER 1261 ITEM DESCRIPTION 27 -^E'� 1 MAXIMUM ANNUAL CONTRIBUTION '• Muxi,num Annual Contribution Authorized 02. PralisU Maximum Annual Contributions Applicable to a Period of Less than 12 Moths 03. Maximum Annual Contributions for Fiscal Year /Line 01 plus 0.0 ua. Project Account -Balance at End of Current Fiscal Year -Estimated or Actual (Ralanee Previous Fiscal Year d f 05. Total Annual Contributions Available -Estimated or Actual (Line 03 Plus Line 04) PROJEC r •IU'ACI: 3 - FI L 2j91 --[E. 3. 2 t -j 0) 0 li ryF-e OF LEASIN: tec rTNt,-) r.l,�, 1• '_ J Irew unst�, rrro„ t21 2. Reh a! rLtar,r.,, l 3. I jC Extst,r.J 4 FY ENDIt;G 141t 83 Midi 1, L J )owch 31 2• (._.) June 30 3. ER.] Septeni;rt.r 30 ` a. EJ Decernbor 31 NUMBER OF DWELLING UNtrS It'i-llil 190 NUMBER OF UNIT Mt7NTHS .1l-241 2088 SUBMISSION 1251 Original & Revision Revision Number 1 AC CONTRACT NUMBER A-3409 APPROVED REQUESTED AMOUNT ESTIMATE OF 10 Preliminary Administrative Expense -After ACC -Form HUD -52611, Port IS, 0 RE QUI R ED ANNUAL PER PITA IIUD CONTRIBUTIONS 325, 794 •(75,952) rA301VIC-ATICNS (Column 1) (Column 11 13. (29-38) 01 (39-48) t.t�- `•8r : 440, 316 15 _ E.cess Proiect Account Balance of End of Requested Fiscal Year (Line 05, fulumn :minus Ling /l, Column :! %f�;{%;%, 16 Provision for Project Account -Requested Fiscal Year-Incfease(Uecrease)(Line 15 ;'%;.• ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS (Housing Assistance and Administration) 06. Housing Assistance Payments -Form HUD -52672, Part I, Line 10 444,:63 07. Administrative Fee -Form HUD -52672, Part Uine 03 54,3.19 03.�j Independent Public Accountant Audit Costs p INITIAL ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS 9,996 (Preliminary Costs) 7,600 _ 09, Preliminary Administrative Expense -Prior to ACC -Form HUD -52671, Part IA, L ng 060 10 Preliminary Administrative Expense -After ACC -Form HUD -52611, Port IS, 0 Line 280 - IL -7- Nonexpendable Equipment -Form MUD -52611, Part II, Line 350 325, 794 •(75,952) — Ii. Total Annual Contributions Required -Requested -Year 13. Deficit of End of Current Year -Estimated or Actual la. Total Annual Contributions Regjired 15 _ E.cess Proiect Account Balance of End of Requested Fiscal Year (Line 05, fulumn :minus Ling /l, Column :! %f�;{%;%, 16 Provision for Project Account -Requested Fiscal Year-Incfease(Uecrease)(Line 15 ;'%;.• minas line 04) ANNUAL CONTRIBUTIONS , 17. Total Annual Contributions Approved -Requested Fiscal Year (Liar 14. Column 2 ••'R!•`' rius Inereage. I nrj Line 16, Source of Total Annual Contributions Approved -Requested Fiscal Year: (a) Requested Fiscal Year Maximum Annual Contributions Authorized (Line 03 or Ib. Line 17, mhicheuer is lesser) (b) Project Account- NAME AND TITLE OF PHA ROPRO�190)64' -rAiL) 1O I.j A RE : and legi, �fici Don C. Scuff lock, P.Jr. Chairman t^. tvl. Granden NAME AND TLE OF HUD :1, RE AP'P'ROVING OFFICIAL �.. Yeviotrt Edition it Obwler- AOV4-1882 401,746 842,062 444,363 _5!' ; 309 0 9,996 9,996 7,600 7,600 0 0 _516,.26R. 325, 794 •(75,952) 516,268 440,316 ' 75,952 DATE 11-3-82 DA TE t , ,.� �,Su�ri1052673 (12 -77) 110 V 3 1982 51 POK 7,98 PROJECT PROJECT NUMBER (3-11) U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT IF T, 12 197 —��2 — FQ= SECTION 8 HOUSING ASSISTANCE PAYMENTS PROGRAM ESTIMATE OF TYPE OF LEASING METHOD 12 (Check one) REQUIRED ANNUAL CONTRIBUTIONS Construction 1 Reh Rehabilitation 20" Existing 3 F-A NAME AND ADDRESS OF PUBLIC HOUSING AGENCY FY ENDING (13) 19* 83 Indian River County Board of County Commissioners (14) (Check one) 1840 25th St., Suite S-321 Mar 31 ID Sep 30 3 Vero Beach, Fla. 32960 Jun 30 2 ❑ Dec 31 40 NUMBER OF DWELLING UNITS (t5-18) 190 ' HUD FIELD OFFICE HUD REGIONAL OFFICE U.S. Dept. of HUD U.S. Dept. of HUD 325 W. Adams St. Richard B. Russell, Fed.Bldq NUMBER OF UNIT MONTHS 19-24 Jacksonville, Fla. 32202 75 Spring St., S.W. Atlanta, Ga. 30303 2088 AC CONTRACT NUMBER SUBMISSION (25) (- Original ® Revision A-3409 Revision No. 1 PART I — ESTIMATE OF ANNUAL HOUSING ASSISTANCE PAYMENTS REQUIRED (26) r27-281 (29) (30-33) (34-38) (39-43) (44-48) (49-541 (SS-64) LINE SIZE'OF NO.OF MONTHLY AMOUNT MONTHLY UNIT ANNUAL N0. DWELLING DWELLING GROSS PAYABLE HOUSING MONTHS HOUSING UNITS UNITSRENT BY FAMILY ASSISTANCE UNDER ASSISTANCE TOWARD PAYMENTS- LEASE PAYMENTS (t) (2) - (3) GROSS RENT (4) ' (5) r6) (71 0I OBR 22 198 50 148 219 32,412 02 1BR 63 245 66 179 726 129.9 54 03 2BR 70 306 63 243 774 188208 04 3BR 30 336 85 251 79.QA9; 05 —315 4BR 5 367 92 27 5 06 -07 — - - -- — — — 08 Og 1Q TOTAL 190 2088 444,161 PART 2 – CALCULATION OF ADMINISTRATIVE FEE r26) (27-28) (29-34) (35-39 (40-44) (45-54) LINE _ NO. BASIS UNITMONTHS HUD-APPROVED 2-BR ALLOWABLE ADMINISTRATIVE // FAIR MARKET RENT PERCENT FEE (t) (2) (3) (4) 01 PER- CENT 2088 306 02 .085''l, ow ; ,,.;% •.,-�•.•.?ca:!<•::Q•:i,Q,d,O,Dt:...•.�,•'a,'•i,J,'w,'vSpbi+7,`2•i+•,'w",�+„s..',•,eh„"r':•.. :>?• Cr:: •i.4:•} a....: :. F•r: 15 ''•.'�rs::. ,a" .y :k? � . $:i':'::�•{`is;:;:`;�:��;fp'�{tip'?$�;����;�;:;'}4;� {1;::?�4;•.`{��: 22,680 8 ... 03 Previous "dition is 0 2672 (tZ-771 REQUISITION - QUARTERLY PAYMENT - SECTION 8 The Board reviewed the following memorandum from Edward J. Regan: TO: Board of County CommissionexIDATE: October 25, 1982 FILE: SUBJECT: RequiQtion for the Second Quarterly Payment FY 1983 of Annual Contributions Contract - Section 8 Existing Housing Rental Assistance Program. t, FROM: Edward J. eganr REFERENCES: Executive irector IRC Housing Authority It is recommended that the data herein presented be given formal consideration by the County Commission. In order to requ6sition funds quarterly from the U. S. Department of Housing and Urban Development to operate our Section 8 Housing Assistance Program, we are required to submit four (4) executed copies of.HUD Form 57.663. This is consistent with our Annual Contributions Contract entered into on December 30, 1978 and as amended August 3, 1.982.. I reapectfully request the Board of County Commissioilk,xs authorize the Chairman to execute the four copies;of HUD Form 52663 for the second quarterly payment. E1 0V 3 1982 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board, with a vote of 4 to 1, with Commissioner Fletcher voting t in opposition, authorized the Chairman to sign the appropriate HUD forms for the second quarterly payment of the Annual Contributions Contract - Section 8. ' 21 • US. DEPARTMENT OF HOUSING AND URBAN U::Vr.LOPMENT _ 1 FOR HUD USE ONLY REQUISITION FQR PARTIAL PAYMENT OF ANNUAL CONTRIBUTIONS HOUSING ASSISTANCE PAYMENTS PROGRAM Voucher Number SECTIO() 23 SECTION B Date of Requisition 10/27/821 L ; Fis 1 11al Year9/30/83 3/30/83 ..ndihp ate For Quarter Ending NAME AND ADDRESS OF PUB Ito l?SING AGE CY (tnciudlnp 1,ip Cuitp) I I A-3409 t ACC Contract Number Indian River County Boald of Cou ty Commissioners FL29—El 2-0 Project Number OI 1840 25th St. , Suite S-321, Vero Beach, Fla. 32960 No. of Months in Fiscal Year DEPOSITARY BANK (Name. Addreu and Account Number) The First Bankers of Indian River County Type of Project: Vero Beach, Fla. 32960 Acct. #98-04000-1 © EXISTING El NEW REHAB. a. Number of Units Under lease to Eligible Families as of Date of Requisition 126 b. Eitimeted Number of Units to be undar Lease at End of Roquested Quarter 160 c. Average Monthly Housing Assistance Payment Per Unit as of Date of Requisition 163 DESCRIPTION 10 ESTIMATE OF REQUIRED ANNUAL CONTRIBUTIONS (2) TOTAL COST INCURRED TO DATE (3) ES-rIMATED ADDITIONAL COST TO END OF REQUESTED QUARTER (4) CUMULATIVE TOTAL FUNDS REQUIRED (5) PRELIMINARY ADMINISTRATIVE EXPENSiEaf�? 1. Preliminary Administrative Expense—Pgior to A�C (Account 4010) 2. Preliminary Administrative Expense—After ACC (Account 4014 0 0 „ , ,; ; ;,z:,1. .t. 0 9,996 0 9,996 9,996 9,996 0 9,996 9,996 3. Total Preliminary Administrative Expense (Lines I d 2) - NONEXPENDABLE EQUIPMENT 4. Replacement of Nonexpendable Equipment (Account 75201 5. Property Betterments and Additions (4ccount 7540) 6. Total Nonexpendnble Equipment (Lines 4 & 5) 7`"r rtA ,,', . r,'.,. • .:; "a.='= ='�j.. 0 0 0 0 0 0 7,600 0 7,600 7,600 444,363 41,033 104,320 145,353 HOUSING ASSISTANCE PAYMENTS 7. Housing Assistance Payments (Account 4715) ADMINISTRATIVE FEE B. Total Administrative Fee Approved for Fiscal Year 54,309 9. Monthly Rate of Administrative Fee (L,bie 8 divided by number of months in ji'sed year) 4,525 10. Amount Previously Requisitioned for fiscal year 13,575 11. Estimated Additional Amount Required to and of Requested Quarter 12. Total Administrative Fee (Lincs 10 & 11) • 27,150 INDEPENDENT PUBLIC ACCOUNTANT AUDIT COSTS (Section 8 only) 13. Total Independent Public Accountant Audit Costs 0 0 SECURITY AND UTILITY DEPOSIT'S (Section 23 only) 14. Total Allowance Approved for Security and Utility Deposits 0 15. Amount Previously Requisitioned for Fiscal Year _ 0 16. Estimated Additional Amount Requirod to End of Requested Quarter 0 17. Total Security and Utility Deposits (Lincs 15 d 161 0 AMOUNT OF THIS REQUISITION 18. Total Funds Required to End of Requested Quarter (Lines 3, 6, 7, 12, 13d 17J 1 190,099 19. Total Partial Payments Received for Filcal Year to Date 126,171 20. Partial Payment Requested (Line 18 minus Line. 19) 63,928 METHOD OF PAYMENTINSTALLMENT INSTALLMENT INSTALLMENT TOTAL cl. Requested Installment Payments 21,309 21.3nq 1 CERTIFY that housing assistance payments have been or will be made only with respect to units which: (1) are under lease by Families at the time such bausing asshtence payments are made except as otherwise provitied in the Housing Anistarl Payments Controab and (2) the Housing Agency has within etre year prior to the making of turolr bagrtpng �s rptrypB,ately inspected or cwsod to be inspected (including inspection of grounds, facilities. and areas for the benefit and use of th Families) to arsur that rl�en, ".le and sanitary housing accommodations are being provided; that all applicable pro- vision of the above nuimberett Contra ,+�iflj'fi8 n4yPi�ILWAs h by th Housing Agency; orad that this requisition for annual contributions has been exam- insd by me and to the best of !ny k V", �% • corn and completo. I d' (Date) HUD FIELD OFFICE AI'PR (rignI le an..un urrteial Authorized it* Approve) REGIONAL ACCOUNTING DIVISION PAYMENT Prevalidated by: FOR MONTH OF (Signature) (Date) TOTAL Ian River County a of Publ' ivusin me ° Chairman (Signature a d Title of Official A rased to Certify) (Date) AMOUNT DATE CERTIFIED PAID CERTIFIED FOR BY PAYMENT I (initials) ANNUAL REPORTS - SECTION 8 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board, with a vote of 4 to 1 with Commissioner Fletcher voting in opposition, authorized the signature of the Chairman on the Annual Contributions Voucher - Section 8. f 51 F ., [I o v a 1982 23 r 3- 1982 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT VOUCHER FOR PAYMENT OF ANNUAL CONTRiBUTt.ONS HOUSING ASSISTANCE PAYMENTS PROGRAM SECTION 23 [� SECTIONS [X (See Instructions on reverse) kdAM9 AND ADDRESS oUBLIC HOuSIA ACENCr (Incamind a AC CONTRACT NUMBER Indian River County Board of County Commissioners 1840 25th St., Suite S-321 A-3409 Vero Beach, Fla. 32960 FOR HUD USE ONLY (Voucher Number) FOR FISCAL YEAR ENDED 9/30/82 PROJECT NUMBER FL29-E132-001 FL29-E132-002 IF TF -M vr r-rvJECT(c:neCKOne) BEGINDATE OF FfRIIT 325 West Adams St., BEGINFISCAYEAR Jacksonville, Fla. 32202 NEW Q REHAB 0 EXISTING (� 7/1/79 75 Spring St., S.W. NUMBER OF DWELLING UNITS INUMBER OF UNiT MONTHS Atlanta, Ga. 30303 UNDER ACC UNDER LEASE 190 Request i 119 1270 s hereby made for the pay"Wat of annuat-ee,*16tions payable purswnt to the tonins and conditions of the above nutnber- oaf Annual Glttribtilians Cenhoctfer the Project alai the fiscal year shown above, as sot forth in the following statetitint- - MAXIMUM ANNUAL CONTRIBUTIONS AVAILABLE REQUESTED 9Y PHA HUD ADJUSTMENTS 1. Maximum Annllaf Contribution Authorized - per Annual Contributions Contract t21 lel 2: Pro Rata Maximum Annual Contribution Applicable to a Period of , 20 Less Monft T3- Maximum AnnuaContrn Twelve ) Contribution For Fiscal Year (Lines Land 2) o , 4. Colli 225, 204 ngeney RlServ!(Aeeaw+t 2825) for Seetiolt 23 projects a Project Account (Acema 2327) for Section 8 projects . Balance at begiralin, of Fiscal , 639 Year 247 5. Total Annual Contributions Available (Liles 3 find 4) 47 Q 1 ANNUAL CONTRIBUTIONS REQUIRED 6. Housing Assistance Payments(Accmu 4715) 7. Administrative Fee (See Inductions) 8. Preliminary Administrative Expense - Prior to ACC (Acer_ nolo) 9. Preliminary Administrative Expense - After ACC (Aeet 4012) 10. 110nexPeudabte Equipment(Accourus 752o and 7540) 11. Security and Utility Deposit Fund (section 23 Projects qt ly) 12- Independent Public Accountant Audit Costs 13. Total Funds Required - Current Year (Lines 611rough 12) 14. Deficit at End of Preceding Fiscal Year IS. Total Funds Requiled (Lines 13 and 14) 16. Project Receipts oflnr than Annual Contributions (Acca.3610, 3690. asd 7530) 17. Total Annual Contributions Required (Line 15 inanua Lane 16) r. EXCESS OR DEFICIT IN ANNUAL CONTRIBUTIONS AVAILABLE 8. Excess(AmtrxKu b7'A Lane 5 exceeds Lane 17) 9. DefiCit(AKtoautt br U&CA Line. 17_ exceeds Lane S) YEAR-END SETTLEMENT D. Annual Contributions Due for Fiscal Year (Line.neinus Line 19) L Total Partial Payments Received by PHA for Fiscal Year ?- Vlldero"ment Due PHA (Annum by u&ch Line 20 exccc& Lune 21) (. 0*0ymeltt Due HUD (Amann by uAi'ch Lime 21 exceeds Line 201 STATUS OF PROJECT ACCOUNT (Section 8 projects only) 1. Project Account - Balance at the End of Fiscal Year (A cco m 2827) (Line 18) i- Provision for Project Account (Account 7027) a- increase (Amount by urhich Line 24 exceeds Line 4) -b. Decrease (Amount by which Line 4 exceeds Line 24) - - - - - STATUS OF CONTINGENCY RESERVE (Section 23 I� 4 26. Conti P►BNets only) ngencyReserve • Balance at the Erol of Fiscal Year (Aceottnt 2325) I (Line 18 or 10%, of Lane 1. u*kheuer is lesser) 27. Provision for Contin N R $iRICy eseroe - (Account 7025) k� ;s 8- • inCM9 (Amiwnnt by which Line 26 exceeds Line 4) +� v b- Decrease (Amm u by which Line 4 excerds Line 26) STATUSOF SECURITY AND UTILITY DEPOSIT FUND (Section4111 ;28. Security wtd Utility Deposit Funds provided,Account 2168.1 a �, ` 29. Security UtilityDepceits - Uncollectible dvances, Account 2168.2��°�°� 30. Balance Of Security and Utility Deposit Fund (Line 28 Minus (a,+e 131. Accounts Receivable - Advances for Security anc Utility Deposits 'i�, 2. Securi and Utili ee at Funds Available (Li. 30 minus Line int 11°11 1 CERTIFY that hossieg esiistawea Payments have beaw or will be mode oe housing ssststewce peywsnte ars mods except as otherwise provided in the Nouiiin i►h respect nits which+ (1) are Under lease by Families at the Now such 'rear prior to the making of such housing assistance sistane ayments Contracts and (2) the Housing Agency has, within of areae for the b&nellt and use, of the Families assure that payments, cent. safe i d sonitd or M be inspected (Including inspection of ground&, facilities, and of the ale- membered Armor l ro assure shot deeewt, sere end sonirory hens seeamedorions are being provided; that ells applicable esetal"d Cartb16trtlans %OnhOct no- been complied with b the Mousing p Provisions by ma cud h ahs if�eat of k+w,vhtd y g Agency; o: d that this Voucher for Annual Contributions has been '^l knowledge and belief it is taro, eeneet sed complete. _ -Indian River County (Nana ar ifublic Noising agency) 1 l / i _ R, (Date) ?EVIEWED By, (Signature) J'L of Official K ON to Certi1p) Overpeyttrent of S received from PHA 2. Underpayment o : cartified for payment to the PHA on (e eerd fled). �' �' tit ■O■ wIrl•:�:s t:r_� • . ., P. i►l:#�CSoI�� STATUS OF CONTINGENCY RESERVE (Section 23 I� 4 26. Conti P►BNets only) ngencyReserve • Balance at the Erol of Fiscal Year (Aceottnt 2325) I (Line 18 or 10%, of Lane 1. u*kheuer is lesser) 27. Provision for Contin N R $iRICy eseroe - (Account 7025) k� ;s 8- • inCM9 (Amiwnnt by which Line 26 exceeds Line 4) +� v b- Decrease (Amm u by which Line 4 excerds Line 26) STATUSOF SECURITY AND UTILITY DEPOSIT FUND (Section4111 ;28. Security wtd Utility Deposit Funds provided,Account 2168.1 a �, ` 29. Security UtilityDepceits - Uncollectible dvances, Account 2168.2��°�°� 30. Balance Of Security and Utility Deposit Fund (Line 28 Minus (a,+e 131. Accounts Receivable - Advances for Security anc Utility Deposits 'i�, 2. Securi and Utili ee at Funds Available (Li. 30 minus Line int 11°11 1 CERTIFY that hossieg esiistawea Payments have beaw or will be mode oe housing ssststewce peywsnte ars mods except as otherwise provided in the Nouiiin i►h respect nits which+ (1) are Under lease by Families at the Now such 'rear prior to the making of such housing assistance sistane ayments Contracts and (2) the Housing Agency has, within of areae for the b&nellt and use, of the Families assure that payments, cent. safe i d sonitd or M be inspected (Including inspection of ground&, facilities, and of the ale- membered Armor l ro assure shot deeewt, sere end sonirory hens seeamedorions are being provided; that ells applicable esetal"d Cartb16trtlans %OnhOct no- been complied with b the Mousing p Provisions by ma cud h ahs if�eat of k+w,vhtd y g Agency; o: d that this Voucher for Annual Contributions has been '^l knowledge and belief it is taro, eeneet sed complete. _ -Indian River County (Nana ar ifublic Noising agency) 1 l / i _ R, (Date) ?EVIEWED By, (Signature) J'L of Official K ON to Certi1p) Overpeyttrent of S received from PHA 2. Underpayment o : cartified for payment to the PHA on (e eerd fled). HUD= March 19 19 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OPERATING STATEMENT HOUSING ASSISTANCE PAYMENTS PROGRAM SECTION 23 ❑ SECTION 8 NAME AND ADDRESS OF PUBLIC HOUSING AGENCY (Including Z11' Code) Indian River County Board of County Commissioners 1840 25th St., Suite S-321 Vero Beach, Fla. 32960 NUMBER OF DWELLING UNITS NUMBER OF UNIT MONTHS UNDER ACC UNDER LEASE 190 119 1270 LINE I ACCT. NO. NO. ACCOUNT TITLE 010 020 030 040 050 060 070 SEE INSTRUCTIONS ON REVERSE STATE CODE 12 TYPE OF PROJECTIS) FY ENDING"19$2 (0teck one) (Ghrrk one) EXISTING 01 ® 1. [] MAR. 31 NEW 02 2. 0 JUNE 30 REHAB. 03 0 3.[2 SEPT. 30 AC CONTRACT NO. A-3409 PART I OPERATING RECEIPTS AND EXPENDITURES - OPERATING RECEIPTS 3610 Interest on general fund investments 3690 Other Income Total Operating Income (Lines 010 and 020) 7530 Receipts from nonexpendable equipment not replaced Total Operating Receipts, exclusive of annual contributions (Lines 030 and 040) 8625or Annual Contributions Earned 8026 080 4715 090 4010 100 4012 110 7520 120 7540 130 140 1 150 160 170 180 190 200 210 220 230 240 250 260 270 280 290 300 310 1 4110 4130 4150 4170 4180 4190 4400 4510 4530 4540 4590 6010 320 2824 2826 330 340 350 360 370 7014c 7016 380 390 400 .2824 2826 419-1 ERt001,10 Total'Operating Receipts (Lines 050 and 060) OPERATING EXPENDITURES Housing Assistance Payments, Prelim. Admin. Exp., and Nonexpendable Equip. Housing Assistance Payments Preliminary administrative expense - Prior to ACC Preliminary administrative expense - After ACC Replacement of nonexpendable equipment Property betterments and additions Total Housing Assistance Payments, Preliminary Admin. Exp., and Nonexpendable Equipment (Lines 080 thru 1210) Total Operating Receipts Available for the R6gular Costs of Admin. (Line 070 minus Line 130) Administrative Expense: Administrative salaries Legal expense Travel Accounting and auditing fees Office rent Sundry Administrative Expense Total Administrative Expense (Lines 150 thru 200) Other Expense: Maintenance and Operation (for nonexpendable equipment only) Insurance Terminal leave payments Employee benefit contributions Other General Expenses Total Other Expense (Lines 220 thru 260) Total Admin. and Other Expenses (Lines 210 plus Line 270) Prior Year Adjustments - - - - - - - - - - _ Affecting residual receipts (or deficit) - debit (credit) Total Expenses for the Regular Cost of Admin., including prior year adjustments (Line 280 plus the debit or minus the credit on Line 290) NET INCOME (OR DEFICIT) before provision for operating reserve (Line 140 minus Line 300) PART 11 ANALYSIS OF OPERATING RESERVE (All Section 23 HAP Projects or AU Section 8 -HAP Projects Operating Reserve - Balance at beginning of fiscal year covered by this statement Cash Withdrawals from Reserve during fiscal year covered by this statement Net Operating Reserve after Cash Withdrawals (bine 320 minus Line 330) Net Income (or Deficit) before provision for operating reserve (net total of Line 310 for all HAP projects) Net Deficit brought forward from preceding fiscal year (see Line 410 of Analysis of Operating Reserve for preceding fucal year) Total Income (or Deficit) (See instructions) 11 Provision for Operating Reserve Addition (the amount of income, if any, on Line 370) Deduct ion(the amount o f d e ft cit, if any, on Line 370, but not to exceed the amnuni on Line 350) Operating Reserve - balance at end of fiscal year covered by this statement (Line 340 plus Line 380 or minus Line 390, as applicable) Deficit at Ir f fisEotear covered by this statement, if any (Line 370 minus Line 390 4't It/n /1 Un MW40,Vk4 BY (Sir.twe) 111 DATE TITLE . C] DEC. 31 PROJECT IVUM8ERIS) FL29-E132-001 FL29-EI32-002 ACTUAL PUM AMOUNT D 170 115 216,162 170 1 216,162 29 37,015 24 31,022 9 11,997 0 232 2 2,500 1 1,177 1 I 959 7 8,597 2 2,441 9 11,997 37 46,928 37 46,928 8 (9,913) 9,9133 9, 9,913 (9,913) DATE _�zslaz pp�- -NOV 3- 1982 HUD -52595 Page 1 of 2 February 1976 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT LOW INCOME HOUSING PROGRAM BALANCE SHEET See Instructions on the Reverse. 0 Z W Z_ J ASSETS WK 51 3 PUBLIC HOUSLNG AGENCY Indian River -County LOCALITY Vero Beach, Fla. 32960 PERIOD ENDED Sept. 30, 1982 CONTRACT NUMBER A-3409 PROJECT NUMBER(S) F1,29 -E132-001 and FL29-E132-002 I/ I he General I and includes $ None representing proceeds from disposition of property reserved for replacement of equipment or for such tither purpusrsas pruvlded in the annual contributions or administration contract. NOTE: Accrued annual leave of emPloyem at the and of the fi=l year 1 478 HUD -52595 (2-76) CASH 1 11 1 1.1 General Fund (Devel)ptnent and/or Operation) . . .. . .. .. . . . . . 60; 868 1 2 1111.2 General Fund (Unapplied Debt Service Funds) . . . . . . . . . . .. . . 3 1 1 14 Security Deposit Fund . .. . . . . . . . . . . . . . . . ..... . . . . . 4 1117 Petty Cash Fund . . . .... . .. . . . . . . . . .... .. .. . 5 1118 Change Fund .. . . . . . . . . . . . . . . . . . . . . . . . ... .. . . 60,868 ACCOUNTS.REC AVABLE 6 1122 Tenants . . . . . . . . . . . .. .. . . . . . . . . . .. . . . . .. . . ; 7 1124 homebuyers . . . .. . . . . . . .. . . . . .. . . . . . . .. . .. . . 81125 HUD .................................... 9 1 127 Advances for Security and Utility Deposits . .. . . . . . . .. . . . . . 10 1129 Other . . . . .. . . . . .. . .. ... .. . . . . . . .. . . . . .. . 11 1130 NOTES AND MORTGAGES RECEIVABLE ... .. .. . .... . . .. ... ... .. ... . . 12 1145 ACCRUED INTEREST RECEIVABLE .. .. ... . .. ..... . .. ... ... ... .. . . ADVANCES 13 1155 Limited Revolving Fund .. ... ... ........ ... ....... . 14 1156 Unlimited Revolving Fund . . . . . .. .. . .. . . . . . . . . . . . . 15 1157 Other . .. .... .. .. . ... ... .. . .. . .. ..... . ... . INVESTMENTS 16 1 162 General Fund _ .. . . . ... . .. . . . . . ... . . . .. . . . . . 17 1 163 homeownership Reserve Funds . ... .. . .. . .. . . . . .. . . DEBT AMORTIZATION FUNDS 18 1 171 Debt Service Fund .. . . . . .. . . . .. . .. ... . .. ... .. . . 19 1172 Advance Amortization Fund . . . . . . .. . .. . .. . .. .. . .. . . 20 1173 Investments . .. .. . .. . .. .. . .. . .. ... . .. 21 1 174 .. . .... . Accrued Interest Receivable - Investments . . . . . .. . .. ... .. . . 22 1176 HUD Annual Contributions Receivable . . . .. . .. . .. ... . . . . 23 1177 Deposits with HUD .... ... ........... ...... .. . . DEFERRED CHARGES 24 1211 Prepaid Insurance .. . . . . .. . . . .. ... 25 1212 . .. ... .. . .. . . Insurance Deposits .. . _ . .. . . . . . . . . . .. . .. ... .. . . 26 1255 Maintenance Work in Process .. . .. . . . . .. .. . 27 12(,0 Inventories - Materials . . . . .. .. . . .. .. . .. . .. .. . 28 1-170 ... . Inventories - Equipment .. .. .. .. .. .. . 29 1290 Other ... . ... ..... . .. .. . ... .. ... ... .. . .. . . _ LAND, STRUCTURES AND EQUIPMENT 30 1400.2 1), �clopment Cost . . .. . .. . .. .. .. . 31 1400.3 Less: Development Cost - Contra .. . 32 F400A Land, S-tiuctuics and -Equipment . .. . .. . .. .. . . .. .. . .. . ._ 8,675 8,675 33 1510 PAYMENTS FOR OFF-SITE UTILITIES ... ...... ... ... .. . . .. . UNDISTRIBUTED DEBITS 34 1620 Ineligible Expenditures . . .. . . . .. . .. . . .. .. .. . BID GUARANTIES 35 1820 Undeposiled Bid Guaranties . . . .. . .. . .. . . . . . 36 1830 . .. . .. . . Less: Returnable Bid Guaranties- Contra . . . . . .. .. . . . . .. . . ADVANCES FOR DEBT AMORTIZATION 37 1860 Advances from General Fund to Debt Service Fund 38 1870 Less: Refunds Due General Fund from Debt Service Fund - Contra .. . . 39 TOTAL ASSETS 69.543 I/ I he General I and includes $ None representing proceeds from disposition of property reserved for replacement of equipment or for such tither purpusrsas pruvlded in the annual contributions or administration contract. NOTE: Accrued annual leave of emPloyem at the and of the fi=l year 1 478 HUD -52595 (2-76) .r t r HUD -52595 Pape 2 of 2 February 1976 PUBLIC HOUSING AGENCY - Indian River Count BALANCE SHEET CONTRACT NUMBER PERIOD ENDED A-3 09 9/30/82 LU 6 LIABILITIES _Z 7, Z ACCOUNTS PAYABLE 40 2111 Vendors and Contractors . . .. . . . . . . . . . . . . . . . . . . . . . 484 j 41 2112 Contract Retentions . . .. . . . . . . . . . .. . . . . . . . . . . . . . 42 2113 Performance Deposits . .. . .. . . . . . . .. . . . . . . . . . . . . . �I 43 2114 Tenants Security Deposits . . . . . .. . . . . . . . . . .. . . . . . . . �I 44 2118 HUD (Accts. 2118. 1, 2118.3 & 2118.6) . . .. . . . . . . ... . . . . 13,078 45 Other (Accounts 2115, 2117 & 2119) . . . . . . . .. . . . . . . . . . . fl NOTES PAYABLE 46 2122 Project Loan Notes - HUD ... ... .............. ... . 47 2123 Administrative Notes - HUD .. ... . .. .. . . . .. . ... .. . . 48 2126 Project Notes - Non -HUD ....... .. ...... ... ... .. . . 49 2129 Sundry Notes .. ..... ........... .. ... ..... . . ACCRUED LIABILITIES 50 2131.1 Interest Payable - Development Notes and Bonds - HUD .... .. . . 51 2131.2 Interest Payable - Administrative Notes - HUD ....... ... ... . 52 2131.3 Interest Payable - Other Notes (Deferred Payment) HUD ........ . 53 2132 Interest Payable - Notes -Non-HUD ................... . P 54 2133 Interest Payable - Bonds -Non-HUD ................... r, SS 2137 Payments in Lieu of Taxes ....................... . 56 Other (Accts. 2134, 2135, 2136 & 2139) ............... . TRUST AND DEPOSIT LIABILITIES 57 2161 Homebuyers Ownership Reserve .:' .................. . . 58 2162 Homebuyers Nonroutine Maintenance Reserve .............. . 59 2165 Mortgagors Taxes and Insurance .................... . 60 2166 Mortagors Maintenance Reserve ... ......... :... . 61 2168 Annual Contributions for Security and Utility Deposit Funds Provided . DEFERRED CREDITS 62 2210 Prepaid Annual Contribution ....................... _53,787 63 2240 Tenants Prepaid Rents ......... ............... . 64 2241 Prepaid Monthly Payments - Homebuyers ............. . 65 2250.1 Investment Income - Homebuyers Ownership Reserve - Unapplied ............. . 66 2250.2 Investment Income - Homebuyers Ownership Reserve - Applied ................ ( ) 67 2251.1 Investment Income - Homebuyers Nonroutine Maintenance Reserve - Unapplied ...... . 68 2251.2 Investment Income - Homebuyers Nonroutine Maintenance Reserve - Applied ......... ( ) 69 2290 Other ................................... 53,787 FIXED LIABILITIES 70 2311 Permanent Notes - HUD .............. ........ 71 2321 . Series "A" Notes .and Bonds Issued ...... . 72 2322 Series "A" Notes and Bonds Retired ...... ( ) 73 2331 Series "B" Notes and Bonds Issued ....... _ 74 2332 Series `B" Notes and Bonds Retired ....... ( ) 75 2341 New Housing Agency Bonds Issued ....... _ 76 2342 New Housing Agency Bonds Retired ....... ( ) 77 2351 Other Notes Payable to HUD (Deferred) -.._ _ _ _ _ _ _ __ CONTRACT AWARDS 78 1810 Contract Awards - Contra ........................ 79 1800 . Less: Uncompleted Contracts .......... ............. 80 TOTAL LIABILITIES 67,349 SURPLUS 81 2810 Unreserved Surplus ................ (.1,650) 82 2820 Operating Reserve - Locally Owned Projects .. . 83. 2821 Operating Reserve - Leased Projects ...... . 84 2823 Operating Reserve - Homeownership Projects 85 2824 Operating Reserve - Section 23 HAP Projects . . 86 2825 Contingency Reserve - Unfunded Sect. 23 HAP Proj. 87 2826 Operating Reserve - Section 8 HAP Projects . . . 88 2827 Project Account- Unfunded - Sect. 8 HAP Projects . 89 Total Surplus from Operations ................ ..... (1�665D) 90 2840 Cumulative HUD Annual Contributions . .. , . .. .. .... . . 91 2850 Cumulative Donations .. .. ... ... . ... . . . . . .. . . . . 3,844 92 2855 Cumulative Proceeds from Sale of Dwellings . . .. .. . . . .. . . . 93 2856 Cumulative Contributions by Homebuyers for Property . . . . . .. . 94 2860 Book Value of Projects Conveyed by HUD .. . 95 2870 Less: Contract Payments to HUD . . . . .. . . ( j 96 2880 Development Cost - Undeveloped Projects . . . ... .. . .. .. ( ) 97 2890 Book Value of Capital Assets Conveyed to Homebuyers ( 98 . . .. . . . . . TOTAL SURPLUS AND LIABILITIES ) 2,194 _ 69.543 PR P RE BY (Si na / I&OWAL� AP VED BY (Signature) t>: �tiu 6,110 TITHE (r�17f DATE, I:A t, .� ... /e►f/!� %Q� TITLE• DATE y INSTRUCTIONS FOR PREPARATION OF FORM HUD -52595 BALANCESHEET GENERAL. a. The Public Housing Aeency (PHA) shall prepare Form HUD -52595, Balance Sheet, for each Annual Contributions or Administration Contract, except as otherwise provided in footnotes !/ and ?/ below. Information on required time and place of submission and number of copies of Form IIUD-52595 is provided in the Low -Rent Housing Accounting Handbook 7510.1, Chapter 13. b. Semicnnual Reporting. The semiannual balance shee! may be prepared from the trial balance taken from the General Ledger at the end of each semiannual period for which a balance sheet is squired. 1t' there is a balance in an), of the accounts in the 5000 and 6000 groups, these accounts are not to be closed until the end of the fiscal yea:, but the difference between the total debit balances and the total credit balances of these accounts should be reported on the balance sheet in Account 2810, Unreserved Surplus. Also, if there is a balance in any of the accounts in the 8100 Group (8110, 8112, and/or 8115), these accounts are not to be closed until the end of the fiscal year, but the credit balancein ahy of these accounts should be reported on the balance sheet in the appropriate surplus account (Account 2855 or Account 2856, as applicable). The balances of all other accounts shown on the trial balance, except the memorandum accounts in the 7100, 7500, and 7700 groups, should be reported on the balance sheet. Form HUD -52595 provides for reporting combined totals for certain accounts. The footnotes need not be completed on the semiannual balance sheets c. Fiscal Year lyd Reporting (11 At the end of each fiscal year, after preparing all other financial reports for the fiscal year, appropriate entries should be recorded to close the accounts in the 3000, 4000, 5000, 6000, 7000, 8000, and 8100 groups After recording these closing entries, a post -closing trial balance of the General Ledger should be prepared to determine that the General Ledger is in balance after closing. The Balance Sheet may be prepared from the balance shown on the Post -closing trial balance. The Form I1UD-52595 provides for reporting combined totals for certain accounts (2) When preparing the Balance Sheet at the end of the fiscal Year, complete the footnotes on Page 1 of the form as follows: (a) In the space provided for reporting the amount of cash in the General Fund which represents proceeds from disposition o; property reserved for the replacement of equipment, the reconstruction and restoration of damaged property, or for such other purposes as provided in the Contract, enter the balance in Account 7580, Proceeds From - gjsposition of Property - Reserved. (b) The space provided for reporting the amount of accrued annual leave of employees is to oe completed by all PHAs which have adopted a personnel policy which requires payment 10 terminated employees for any accumulated annual leave not used as of the date of termination of employment. Enter in this space the .balance of Account 1840, Earned Annual Leave, as of the end of the fiscal year. If the PHA has elected not to record the amount of accrued annual leave in its books of account, the amount of accrued annual leave to be reported on the balance sheet should be computed on the basis of the number of hours of unused annual leave for each employee at the close of the fiscal year and in accordance with personnel policies in effect at that date. 2. HEADING. a. Public Housing Agency. Enter the name of the PHA. b. Locality. Enter the address including ZIP code of the PHA. c. Period Ended. Enter the period ending date covered in the report.— d. Contract Number. Enter the appropriate Annual Contribution Contract Number. ' e. Project Number(s). Enter the project number(s) of all projects covered in this report. 3. Lines 1 through 98. Self-explanatory. I In those cases where the books of account and records of a teased project, which is under a separate Annual Contributions Contract, are combined with the books of account 4nd records maintained for an Annual Contributions Contract covering other projects of the FHA, a single Balance Sheet may be submitted for the combined General !.edger maintained for the two Contracts. In those cases where the books of account and records of a Housing Assistance Payments Project (Section 23 and/or Section 8) which is under a separate Annual Contributigns Contract, are combined with the books of account and records maintained for an Annual Contributions Contract covering other projects of the PHA, a single Balance Sheet may be submitted for the combined General Ledger maintained for the two Contracts. *U.S. G.P.D. 1980--640-2221870 raw BOND VALIDATION STATUS REPORT Attorney Brandenburg explained that Administrator Wright had been working with the investment bankers regarding the bond validation. He advised that the validation hearing would be held with Judge Vocelle at 9:00 A.M. on November 16,1982. Administrator Wright commented that more information would have to be gathered but it appeared everything was proceeding along and they would be set for the validation on November 16th. INDUSTRIAL DEVELOPMENT REVENUE BONDS - RAMPIIASTER Attorney Brandenburg reviewed the following memorandum dated October 26th with the Board: N O V 3 1982 28 K 51 P�, E 8,17 r N O V 3 1992 .TO: Board of County Commissioners of Indian River County FROM: Gary m. Brandenburg County Attorney DATE: October 26, 1982 FILE: SUBJECT: $850,00.0 Indian River County, Florida Industrial Development Revenue Bonds Series 1982 (Rampmaster Project) REFERENCES: The Board of County Commissioners of Indian River County on August 13, 1981, adopted Resolution No. 81-54 providing for the delivery by the County to Rampmaster, Inc. of a memorandum of agreement with respect to financing a project consisting of the acquisition and construction of a manufacturing plant to be located in Indian -River County, Florida. Subsequently, the County adopted Resolution No. 82-34 authorizing the execution of a Letter of Intent and Inducement to Robert A. Davis and William A. Davis. This revised resolution was necessary because of a readjustment in the financing structure of the project. The project is now ready to proceed and the next step will be for the County to adopt a bond resolution and file for a validation proceeding. Itis important to both the County and the proprietors that this issue be closed prior to January 1, 1983. Otherwise, the bonds will be subject to the new Federal tax law provisions affecting Industrial Development Revenue Bonds which reduce the accelerated depreciation tax benefits otherwise available to the proprietor from the project and place substantial reporting requirements on the County. In order for the validation process to be completed prior to January 1, 1983, the bond resolution must be adopted this month and the validation proceeding commenced immediately thereafter. I have attached to this memo a copy of the proposed bond resolution prepared by our bond counsel. Available for your review in oux office are the exhibits (too lengthy to include) comprising the loan agreement, mortgage and security agreement and the guarantee agreement. RECOMMENDATION I would recommend that the Board of.County Commissioners adopt the attached bond resolution and direct the County Attorney's Office to immediately file for validation of the issue. Respectly submitted, randenbur r MOTION was made by Commissioner Lyons, SECONDED by Commissioner Bird, that the Board adopt Resolution 82-114 providing for the financing and issuance of not exceeding $850,000 industrial. ° development revenue bonds (Rampmaster Project), and authorize the signature of the Chairman on the bonds. Commissioner Fletcher commented the bottom line was that it,was a clear case of government subsidizing private business. Commissioner Bird interjected that if the Board could bring additional jobs to this area, he thought it was part of its purpose. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried by a vote of 4 to 1, with Commissioner Fletcher voting in opposition. NOV 3 1982 30 x CXJ F NO V 3 -1992 RESOLUTION NO. 82-114 A RESOLUTION PROVIDING FOR THE FINANCING OF THE ACQUISITION, CONSTRUCTION AND EQUIPMENT OF AN INDUSTRIAL OR MANUFACTURING PLANT IN INDIAN RIVER COUNTY, FLORIDA, TO BE OWNED AND OPERATED BY A PARTNERSHIP COMPRISED OF ROBERT H. DAVIS AND WILLIAM A. DAVIS; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $850,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1982 (RAMPMASTER PROJECT), THE PROCEEDS OF WHICH WILL BE LOANED TO THE ABOVE PERSONS TO PAY THE COST OF SUCH PLANT; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; PROVIDING FOR THE PAYMENT THEREOF; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS; AND PROVIDING AN EFFECTIVE DATE. .BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA (the "Board" and "Issuer," respectively): SECTION 1. AUTHORITY FOR THIS RESOLUTION. This resolu- tion is adopted pursuant to the provisions of Chapter 159, Part II, Florida Statutes, and other applicable provisions of law (collectively, the "Act"). SECTION 2. DEFINITIONS. Unless the context otherwise requires, the terms used in this resolution shall have the meanings specified in the Loan Agreement, Mortgage and Security Agreement (the "Loan Agreement") attached hereto as Exhibit A. SECTION 3. FINDINGS. It is hereby ascertained, deter- mined and declared as follows: A. The Issuer is authorized under Chapter 159, Part II, Florida Statutes, to make and execute financing agreements, contracts, deeds and other instruments necessary or convenient for the purpose of facilitating the financing of certain projects, including machinery, equipment, land, rights inland and other appurtenances and facilities related thereto, to the end that the Issuer may be able to promote the econorpic•develop- ment of the State of Florida, increase opportunities for gainful employment and otherwise aid in improving the prosperity and welfare of the State and its inhabitants, and to provide such financing through the issuance of industrial development revenue bonds. -1- B. The Project is appropriate to the needs and cir- cumstances of the Issuer's community, and the location of the Project therein will make a significant contribution to the eco- nomic growth of such.community, will provide gainful employment and will serve a public purpose by advancing the economic prosperity and the general welfare of the State of Florida -and its people. C. Giving due regard to the ratio of the Proprietor's current assets to its current liabilities, net worth, earnings, trends, coverage of all fixed charges, the nature of its business °and the industry in which it is involved, its inherent stability, and all other factors determinative of the Proprietor's capabilities, financial and otherwise, of fulfilling its obliga- tions consistently with the purposes of the Act, the Proprietor is financially responsible and fully capable and willing to fulfill its obl}gations under the Loan Agreement, including the obligation td make payments thereunder in the amounts and at the times required pursuant to the terms of the Loan Agreement and the obligation to repair and maintain the Project at its own expense, and the Proprietor is desirous of serving the purposes of the Act and pis willing and capable of fully performing all other obligations and responsibilities imposed upon it pursuant to the provisions of the Loan Agreement. D. The Issuer is capable of providing when needed all the necessary public facilities, utilities and services that will be necessary for the construction, operation, repair and main- tenance of the Project and on account of any increase in popula- tion or other circumstances resulting by reason of the location of the Project within the territorial limits of the Issuer. E. Adequate provision is made.under the provisions of the Loan Agreement for the repair and maintenance of the Project at the expense of the Proprietor, and for the payment of the principal of and premium, if any, and interest on the Bonds. F. The principal of and premium, if any, and interest on the Bonds and all payments required under the Loan Agreement shall be payable solely from the proceeds derived by the Issuer under the Loan Agreement, including the loan payments required to be made by the Borrower in connection with its use and operation of the Project, and the Issuer shall never be required to (i) levy ad valorem taxes on any property to pay the principal of and premium, if any, and interest on the Bonds or to make any other payments provided for under the Loan Agreement, or (ii) pay the same from any funds of the Issuer other than those derived by the Issuer under the Loan Agreement; and such Bonds shall not consti- -2- 1 811 NOV 3 1982 rNov 3 1982 51 tute a lien upon any property owned by the Issuer or situated within its territorial limits, except the Project in the manner provided in the Loan Agreement. G. The payments to be made by the Proprietor under the Loan Agreement will be sufficient to pay all principal of and interest on and premium, if any, for the Bonds, as the same shall become due, and to make all other payments required by the Loan Agreement.' H. The costs to be paid from the proceeds of the Bonds will be costs of the Project, within the meaning of the Act. I. The interest on the Bonds will be exempt from federal income taxation under existing laws of the United States. SECTION 4. FINANCING OF THE PROJECT AUTHORIZED. The financing of the cost of the Project in the manner provided in the Loan Agreement is hereby authorized. SECTION 5. AUTHORIZATION OF BONDS. Obligations of the Issuer to be known as "Industrial Development Revenue Bonds, Series 1982 (Rampmaster Project)," are hereby authorized to be issued in an aggregate principal amount not exceeding $850,000, in the form of a single, fully registered bond and in the manner described in the Loan Agreement. The Bonds will be dated such date and mature in such years and amounts, will contain such redemption provisions, and will bear interest at such rates (not exceeding the maximum interest rate permitted by the Act or by other applicable provision of law) and payable at such times, as provided in the Loan Agreement or as fixed by subsequent resolu- tion of the Issuer adopted prior to the sale of the Bonds. If the Bonds shall be dated other than as provided in the Loan Agreement, then the date of the Loan Agreement- will be changed to correspond to the date of the Bonds, and all dates appebring in the Loan Agreement will be adjusted accordingly and correspon- dingly. orrespon- dingly. SECTION 6. AUTHORIZATION OF EXECUTION AND DELIVERY OF LOAN AGREEMENT. The Loan Agreement, in substantially the form thereof attached hereto as Exhibit A, with such ,changes, altera- tions and corrections as may be approved by the Chairman of the Board, such approval to be presumed by his execution thereof, is hereby approved by the Issuer, and the Issuer hereby authorizes and directs the Chairman to execute and the Clerk of the Board to attest, under the seal of the Board, the Loan. Agreement and to deliver to the Proprietor the Loan Agreement, all of the provi- sions of which, when executed and delivered by the Issuer as authorized herein and by the Proprietor duly authorized, shall be deemed to be a part of this resolution as fully and to the same extent'as if incorporated verbatim herein. SECTION 7. APPROVAL OF GUARANTY. The Guaranty .Agreement, by and between the Issuer and Rampmaster, Inc., in substantially the form thereof attached hereto as Exhibit B, with such changes, alterations and corrections as may be approved by the Chairman of the Board, such approval to be presumed by his execution thereof, is hereby approved by the Issuer, and the Issuer hereby authorizes and directs such Chairman to execute and the Clerk of the Board to attest, under the seal of the Board, 'the Cuaranty Agreement and to deliver the Guaranty Agreement to Rampmaster, Inc. SECTION 8. NO PERSONAL LIABILITY. No covenant, stipu- lation, obligation or agreement herein contained or contained in the Loan Agreement or Guaranty Agreement shall be deemed to be a covenant, stipulation,. obligation or agreement of any member, agent or employee of the Issuer or its governing body in his individual capacity, a-nd neither the members. of the Issuer nor any official executing the Bonds shall be liable personally thereon or be subject to any personal liability or accountability by reason of the issuance thereof. SECTION 9. NO THIRD PARTY BENEFICIARIES. Except as herein or in the Loan Agreement or Guaranty Agreement otherwise expressly provided, nothing in this resolution or in the Loan Agreement or Guaranty Agreement, expressed or implied, is intended or shall he construed to confer upon any person or -,firm or corporation other than the Issuer, the Proprietor and the holders of the Bonds any right, remedy or claim, legal or equitable, under and by reason of this instrument or any provi- sion thereof or of the Loan Agreement or. Guaranty Agreement, this resolution, the Loan Agreement and the Guaranty Agreement intended to be and being for the sole and exclusive benefit of the Issuer, the Proprietor and the holders from time to time of the Bonds. SECTION 10. PREREQUISITES PERFORMED. All acts, condi- tions and things relating to the passage of this instrument, to the issuance of the Bonds, and to the execution of the Loan Agreement or Guaranty Agreement, required by the Constitution or laws of the State of Florida to happen, exist and be performed precedent to and in the passage hereof, and precedent to the issuance of the Bonds, and precedent to the execution and deli- very of the Loan Agreement or Guaranty Agreement, have happened, exist and have been performed as so required. -4- 51a NOV 3 1982 r NO V 3 -1982 51 PA� E811. SECTION 11. GENERAL AUTHORITY. The members of the Board and its officers, attorneys, engineers or other agents or employees are hereby authorized to do all acts and things required of them by this resolution, the Loan Agreement or the Guaranty Agreement, or desirable or consistent with the require- ments hereof or such Loan Agreement or Guaranty Agreement, for the full punctual and complete performance of all the terms, covenants and agreements contained in the Bonds, the Loan Agreement, the Guaranty Agreement and this resolution. SECTION 12. SALE OF BONDS. The Bonds shall be issued and sold in such manner and at such price or prices consistent with the Act, all at one time or in installments from time to time, all as shall be hereafter determined by the Board. SECTION 13. ARBITRAGE. The Issuer covenants that it will not make any investments or acquiesce in the making of any investments by the Proprietor pursuant to or under the Loan Agreement which could cause the Bonds to be "arbitrage bonds" within the meaning of Section 103(c) of the Internal Revenue Code of 1954, as amended, and the applicable regulations issued thereunder. SECTION 14. THIS INSTRUMENT CONSTITUTES A CONTRACT. The Issuer covenants and agrees that this instrument shall constitute a contract between the Issuer and the holders from time to time of any of the Bonds then outstanding, and that all covenants and agreements set forth herein and in the Loan Agreement to be performed by the Issuer shall be for the equal and ratable benefit and security of all holders of the Bonds without privilege, priority or distinction as to lien or other- wise of any of the Bonds over any other ---of the Bonds. SECTION 15. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provisions of law or contrary to the policy of express law, though not'expressly prohibited, or against public policy, or shall for any reason whatsoever be held -invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Bonds issued hereunder. SECTION 16. REPEALING CLAUSE. All resolutions or parts thereof of the Board in conflict with the provisions herein con- tained are, to the extent of such conflict, hereby superseded and repealed. -5- SECTION 17. EFFECTIVE DATE. This instrument shall take effect immediately upon its adoption. 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.adbpted this 3rd day of November , 1982. i Attest: x,21 f �r (�— l) h e m %)" FREDA WRIGHT, Clerk APPROVED AND LEGA By t FORM IC-1—NN BRANDENBURG Attorney BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By / DON C. SCURL C , JR. Chairman N n v 3 1982 wx 51_ . 84.5 r NOV 3 1982 51 CERTIFICATE OF RECORDING OFFICER f The undersigned HEREBY CERTIFIES that: 1. SPe is the duly appointed, qualified and acting Clerk of the Board of County Commissioners (herein called the 4A "), and keeper of the records thereof, including the mina es of its proceedings; 2. The annexed copy of extracts from the minutes of the Regular meeting of the Board held on the —3,1 day of November , 1982 , is a true, correct, and compared copy of the whole of the original minutes of the meeting on file and of record insofar as the same relate to the resolution referred to in such extracts and to the other matters referred to therein; 3ef�.�_ The meeting was duly convened in conformity with all applicable �`ieggirements; a proper quorum was present throughout F,. 'the meeting and the resolution hereinafter mentioned was duly Proposed, considered, and adopted in conformity with applicable requirements;''apO all other requirements and proceedings incident to the prope✓ adoption of the resolution have been duly fulfilled, carred out, and otherwise observed; and 4.S He is duly authorized to execute this Certificate; 5. The copy of the resolution annexed hereto entitled: RESOLUTION NO. 82-114 A RESOLUTION PROVIDING FOR THE FINANCING OF THE ACQUISITION, CONSTRUCTION AND EQUIPMENT OF AN INDUSTRIAL OR MANUFACTURING PLANT IN INDIAN RIVER COUNTY, FLORIDA, TO BE OWNED AND OPERATED BY A PARTNERSHIP COMPRISED OF ROBERT H. DAVIS ANIY WILLIAM A.- DAVIS: PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $850,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1982 (RAMPMASTER PROJECT), THE PROCEEDS OF WHICH WILL BE LOANED TO THE ABOVE PERSONS TO PAY THE COST OF SUCH PLANT: PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS: PROVIDING FOR THE PAYMENT THEREOF: MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION WITH THE ISSUANCE OF SUCH BONDS. is a true, correct, and compared copy of the original resolution referred*to in the extracts and as finally adopted at the meeting and, to the extent required by law, as thereafter duly signed or approved by the proper officer or officers of the Board , which resolution is on file and of record. WITNESS my hand and the seal of the Clerk i. this5th day of November , 19 82. ,. Freda Wright, Clerk (SEAL) t. i N 0 V 3 1982 r _ NOV 3 51 EXTRACTS FROM THE MINUTES OF A Regular MEETING OF THE Board of County Cotmiss.ioners OF _ Indian'Riyer County, Florida HELD ON THE 3rd DAY OF Novembex , 19 82 The hoard of County Commissioners of Indian River County, Florida met in _Regular meeting at 1840 25th .Street in the City of .sero Beach' , Florida at 10:00 o'clock A M. on the 3rd day of November , 1982, the placq, hour,'and date duly established. for the holding of such meeting. The airman called the meeting to order and on roll call the following answered present: _Don C. Scurloa, .7r - Mck Bird A. Grover Fletcher , �Patrick B L o,- , and the following were absent: k.. - William C. Wodtke, Jr,, � The Chairman declared a quorum present. A resolution entitled: RESOLUTION NO, 82..,114 A RESOLUTION -PROVIDING FOR .THE FINANCING OF THE ACQUISITION, CONSTRUCTION AND EQUIPMENT OF AN INDUSTRIAL OR MANVF-ACTURiNG PLANT IN INDIAN'RIVER COUNTY, FLORIDA, TO BE OWNED AND OPERATED BY A PARTNERSHIP COMPRISED OF ROBERT H.. DAVIS AND WILLIAM A. DAVIS; PROVIDING FOR THE ISSUANCE OF NOT EXCEEDING $850,000 INDUSTRIAL DEVELOPMENT REVENUE BONDS, SERIES 1982 (RAMPMASTER PROJECT), THE PROCEEDS OF WHICH WILL BE LOANED TO THE ABOVE PERSONS TO PAY THE COST OF SUCH PLAINT; PROVIDING FOR THE RIGHTS OF. THE HOLDERS OF SUCH BONDS;PROVIDING FOR THE PAYMENT THEREOF; X"ING C)" CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTIQN WITH THE ISSUANCE OF SUCH BONDS. was introduCedrby kx•.Attorney Gary Brandenburg • The resolution was then read in full and, discussed and considered. Mr.Patrick B. Lyons then moved the adoption of the resolution as introduced and read. Mr. Dick Bird seconded the motion, and, on rol.l call, the following voted "Aye", _Patrick B. Lyons; Dick Bird; William C. Wodtke, Jr., and Don C. Scurlock, Jr. and the following voted "Nay": A. Grover Fletcher The Chairman thereupon declared the motion carried and the resolution adopted as introduced and read. There being no further business to come before the meeting, upon motion duly, made and seconded, the meeting was ' adjourned. �K 1 �"!jF81_9 NOV 3 1982 NOV 3 -1982 51 820 MOTION was made by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Attorney's office be authorized to immediately file for validation of the bond issue. 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. LIBRARY AGREEMENT - RESOLUTION 82-115 Commissioner Lyons explained that due to a time limit, this item had been run before the Library Advisory Board on a letter basis, and he recommended that the Chairman be authorized to sign the agreement. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke,that the Board adopt Resolution 82-115 authorizing execution of the Indian River County Library Agreement. Commissioner Fletcher inquired if it had been determined who would be the administrator of the library system. Assistant Attorney Paull responded negatively, and pointed out that this Agreement would set up more control by the Board. Lengthy discussion ensued. 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. 0 RESOLUTION NO. 82- 115 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE EXECUTION OF THE INDIAN RIVER COUNTY LIBRARY AGREEMENT FOR FISCAL YEAR 1982-83. WHEREAS, the delivery of public library services to the citizens of Indian River County is an appropriate and worthwhile goal deserving of support by state and local government; and WHEREAS, two independent non-profit library associations have agreed to provide public library services within the County for this fiscal year in accordance with state law governing public libraries and the provisions of the attached document, in consid- eration for financial support by the County in the amounts stated in the agreement; and WHEREAS, the Board of County Commissioners finds that approval and execution of said agreement is necessary, proper, and shall serve to enhance the delivery of public library services within Indian River County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS that the foregoing recitals are affirmed, the agree - went attached hereto is approved, and the Chairman and Clerk are authorized and directed to execute same. The foregoing resolution was offered by Commissioner Lyons who moved its adoption. The motion was seconded by Commissioner Fletcher 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 3rd day of November , 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By �i�. G DON C. SCU LOCK, JR. Chairman Attest: ', �° 9'V FREDA.WRIGHT, C e k APPROVED TO ORM AND LE FF C By _ CHRISTOPPER J. PAULL, Assistant County Attorney NOV 3 1982 Brox 51 F,tiUE 8.21 14 0V.3 1982 890K INDIAN RIVER COUNTY LIBRARY AGREEMENT FISCAL YEAR 1982 - 83 5 THIS AGREEMENT, entered into this 3rd day of November 1982, by and between the Indian River County Library Association, Inc., and the Sebastian River Library Association, Inc. (herein- after participating libraries), and Indian River County, a poli- tical subdivision of the State of Florida (hereinafter County). WHEREAS, library services in Indian River County are to be provided by two independent non-profit library associations, with the assistance of the County through direct appropriations and as a channel for receiving state and federal grant dollars; and WHEREAS, as requested by the State Division of Library Services pursuant to the Division's interpretation -of Chapter 257 of Florida Statutes and regulations promulgated thereunder, and as deemed appropriate by the County, a contractual relationship should exist between the County and participating private libraries as a prerequisite for federal, state and local assistance; and WHEREAS, the Indian River County Library Association, Inc., has, in the past, provided library services to the citizens of Indian River County and the County desires that the Indian River County Library Association, Inc., continue to provide, along with the Sebastian River Library Association, Inc., library services for the benefit of the citizens of Indian River County in accordance with the requirements of Florida Statutes Ch. 257 and the Florida Administrative Code, as both may be imended from time to time; and in furtherance of this end the parties desire to enter into the following agreement. WITNESSETH: NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises and covenants set forth below, the parties agree as follows: 1. PURPOSE: This agreement is entered into for the purpose of providing funds to continue the delivery of public -1- library services in Indian River County in accordance with minimum standards of operation and service to users, and accountability to public funding entities. 2. ALL FACILITIES PUBLIC: Each library facility owned, operated, or controlled by a participating library shall hereafter be designated as a public library within the Indian River County Library Unit, and shall remain open and available to all residents of Indian River County on a non-discriminatory basis. 3.` MINIMUM OPERATIONAL STANDARDS: Each participating library agrees to provide services in accordance with the follow - Ing prescribed minimum standards and guidelines: A: At least one of the participating libraries shall remain open to the public not less than forty (40) hours for any given week, it being understood and agreed that the partici- pating libraries shall coordinate among themselves to insure that this provision is satisfied. B. "Library services," as that term may from time to time be defined by State law or the State Division of Library Services, shall be provided free of charge to all residents of Indian River County. Nothing in this provision shall prohibit adoption by a participating library of: (i) rules requiring patrons to first -obtain a library card, where no charge is made to the patron for the initial issuance thereof; (ii) rules establishing fines, penalties, or charges for overdue, damaged, destroyed, or lost materials; or (iii) a rental book system wherein rental materials shall consist solely of extra or additional copies of titles or material, the first copy of which is regularly available free of charge. C. Each participating library shall obtain, at its own expense, an annual audit to be prepared by an independent certified public accountant and furnished within ninety (90) days following the close of each library's fiscal year to the County Library Advisory Board for review and comment to the Board of County Commissioners, D. Each participating library shall work with the -2- 51 F,ni,E 82-3 N®V 3 1982 51 other to establish a method for the free interchange of library materials. E. The governing body of each participating library shall conduct its regular meetings no less than quarterly, and shall publish reasonable advance notice of such meetings in a newspaper of County wide circulation. All such meetings shall be open to the public. Current copies of the Articles of Incorporation, Bylaws, and published rules of operation for each library shall be kept on file with the County. Each participating library shall make available to the County and its Library Advisory Board copies of the final approved minutes for said meetings, together with periodic financial reports generated during the ordinary course of operation. 4. TERM OF AGREEMENT; RENEWAL; ANNUAL BUDGET SUBMITTAL: This agreement shall be in effect upon execution by all parties until the end of the county's fiscal year 1982-83. Prior to renewal of this agreement for the ensuing fiscal year, each participating library shall submit to the Library Advisory Board on or before April 15, 1983 its proposed operating budget for said fiscal year, for review and comment to the Board of County Commissioners, who shall then establish funding levels for said renewal term. 5. CENTRAL ADMINISTRATION OF COUNTY LIBRARY UNIT: The participating libraries jointly: A. Shall be responsible for supervising and directing the duties and functions of the administrative head of the library unit (head librarian) including the promulgation of the job description for that position. B. Shall designate at the beginning of the fiscal year an individual meeting the qualifications set forth by applicable state law to serve as the administrative head of the library unit (head librarian). Each party to this agreement signifies its acceptance of any designation so made and agrees to establish internal operating procedures to accommodate the establishment of this position. C. Shall operate independently from and shall not -3- be under the control or auspices of the County Library Adivsory Board. 6. OWNERSHIP OF LIBRARY ASSETS UPON DISSOLUTION OF A PARTICIPATING LIBRARY: In the event of dissolution of a participating library during the term of this agreement, where such library is not simultaneously reestablished to provide library services, each participating library agrees to distribute, convey, transfer, or assign to the County all of the asse,ts, personal property, equipment, books, subscriptions, and any other materials, resources, or items used in the operation of its library, which are attributable to the funds allocated or expended during the term of this agreement, to be used exclusively by the County or its designate for the continuation of library services within Indian River County. 7. PUBLIC FUNDING PROVISION: For fiscal year 1982-83, the County agrees to allocate the following dollar amounts for each of the participating libraries to be expended only for library operations in accordance with this agreement: A. Indian River Library Association, Inc. --the sum of ONE HUNDRED THOUSAND DOLLARS ($100,000.00), together with the first FIFTEEN THOUSAND DOLLARS ($15,000.00) of state or federal grant monies received by the County for allocation to the participating libraries, plus two-thirds (2/3) of any amount of said state or federal monies received by the County in excess of the first FIFTEEN THOUSAND DOLLARS ($15,000.00). B. Sebastian River Library Association, Inc. --the sum of FIFTY-FIVE THOUSAND DOLLARS ($55,000.00), together with one-third (1/3) of state or federal grant monies received by the County for allocation to the participating libraries which is in excess of the FIFTEEN THOUSAND DOLLARS ($15,000.00) allocated to the Indian River Library Association, Inc., in subparagraph 6A above. C. Unless agreed otherwise by the County and the party concerned, funds allocated hereunder shall be made available to a participating library in twelve equal monthly installments. 8. AMENDMENT OR REVISION OF AGREEMENT: This agreement may be modified or amended in part, or in whole, including amendment to allow for additional participating library groups to join the library unit, only upon the execution by all parties of a written amendment hereto. 9. COVENANTS: The covenants contained herein exist only during the term of this agreement. -4- L_ N 0 V 3 1982 aw 51f;��5 4C V 3 -1992 #60K 51 E. IN WITNESS WHEREOF, the parties have executed this agreement on the dates contained below. Date: -/G- ,2r- Py Date: 1 Date: 11-3-82 APPROV TO ®RM AND 1f;1t1fE* OY�: By CHAULL AssisCounty Attorney 5- INDIAN RIVER COUNTY LIBRARY ASSO N By it e - Attest:- Title ttest:Title -a SEBASTIAN RIVER LIBRARY ASSOCIATION, INC. By At BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By c DON 77. SCURL C , JF'. Chairman Attest: FREDA WRIGHT Clerk, Ciroul-t Court v APPROVAL OF HOLIDAY SCHEDULE - 1983 The Administrator discussed the following memorandum dated November 3, 1982: 70: The Honorable Members of ®ATE: FILE:Agenda the Board of County Commissioners November 3, 1982 THRU: Michael Wrig ;L , SUBJECT: Holiday Schedule for 1983 County Admini trat J FROM: C. B. xardin , r . , ' �h . D. REFERENCES: Assistant to the Administrator/ - Personnel Director The following is the proposed Holiday schedule for 1983: When a holiday falls on a Saturday, the previous Friday shall be designat-ed as the holiday and when a holiday falls on a Sunday, the following Monday shall be designated as the holiday. The Administrator stated that all of the Constitutional Officers had concurred with the holiday schedule, but Judge Stikelether had not yet responded. NOV 3 1982 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously adopted the Holiday Schedule for 1983, as recommended by the Administrator. 33 HOLIDAY DATES DATES OFFICES CLOSED 1. Good Friday April 1st Friday, April 1st 2. Memorial Day May 31st Monday, May 30th 3. Independence July 4th Monday, July 4th Day 4. Labor Day September 5th Monday, September_ 5th 5. Veterans Day November 11th Friday, November 11th 6. Thanksgiving November 24th Thursday, November 24th 7. Friday after November 25th Friday, November 25th Thanksgiving 8. Christmas December.25th Monday, December 2'6th 9. New Years Day January 1st Monday, January'2ud- When a holiday falls on a Saturday, the previous Friday shall be designat-ed as the holiday and when a holiday falls on a Sunday, the following Monday shall be designated as the holiday. The Administrator stated that all of the Constitutional Officers had concurred with the holiday schedule, but Judge Stikelether had not yet responded. NOV 3 1982 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously adopted the Holiday Schedule for 1983, as recommended by the Administrator. 33 N1OV 3 '1982 x 51 F,;,II HAZARDOUS CONDITIONS AT SEBASTIAN ELEMENTARY SCHOOL AND THOMPSON ELEMENTARY SCHOOL The Board next discussed the following memorandum dated November 2, 1982 from Public Works Director Davis: TO: j,11, 1Ionorable Members of DATE: November 2, 1982 FILE: the_ Board of County Commissioners TF:RU: Michael Wright, County Administrator FROM: James W. Davis, P.E. Public Works Director�� DESCRIPTION AND CONDITIONS SUBJECT: Indian River. County School Boon.' Declaration of Hazardous Walking Conditions to Sebastian Llement.:: and Thompson Elementary School:; REFERENCES: James A. Burns, Superintendeii to Board of County Commission. dated October 27, 1982 In May of this year, the School Board requested that the City/County Traffic Engineering Department conduct a traffic study in the vicinity of the,new Thompson Elementary School along Oslo Road so that a determination can be made as to whether "hazardous walking conditions", as defined by Chapter 234 Florida Statutes, exist. If the traffic study indicated that "hazardous conditions" do exist, the School Board could then apply for State .funds to cover the cost of transporting students within a two (2) mile radius of the school. The School Board also requested this study be performed for those roads leading to the Sebastian Elementary School from the South. As a result of the above requests, the Traffic Engineering Divi- sion performed the necessary traffic studies in September, 1982 using criteria established in Section 234 F.S. The study indi- +-,atod that "hazardous conditions" as defined by Florida Statutes do not exist along Oslo Road leading to the Thompson Elementary School (see report dated Sept. 30, 1982 attached). A study was not performed along Lateral A Road north of CR 510 leading to the Sebastian Elementary School simply because the County does not have a dedicated right-of-way along this corridor nor does the County maintain a road leading to the school along tris route. County maintenance terminates at the Whitfield Subdivision (approximately 1/8 mile to the south). The County Public Works Division and County Attorney's office 'is presently communicating with the property owners along this route and along Powerline Road which lies ', mile west to acquire necessary right-of-way for a road and pedestrian,path. )n Octc.)ber 18, 1982, a meeting was held in the County Adminis- trator's office attended by Dr. Burns,'Ken Evitt, Administrative Ajsistant, Michael Wright, and Jim Davis. The County Staff COMilM!;aicited to the School Board representatives the results -' the study and the above details. November 1, 1982, the Board of County Commissioners received a 'Letter from the school Board giving official notification that the School Board has determined that "hazardous walking conditions exist, and requesting that the Board of County Commissioners inform the School Board of the appropriate action whioh will be taken. riLTF.RNATIVES AND ANALYSIS On the Florida Department of Education's Hazardous Walking 'on d.itions Report form, there are two entries which the County :should consider. First, Column E on the form required the reporting of the date that the County and School Board agree that a "hazardous walking condition "exists. Secondly, the :'ounty must give a projected Actual completion date for con- sti-,ict_ing improvements (sidewalks, etc.) that will correct the To construct sidewalks along a 3 mile portion of Oslo Road, (l; mile East and West of 18th Avenue to connect with the re- cently constructed 18th Avenue sidewalk) and along the 2 mile portion of Lateral A Road extended would require in both cases extensive right-of-way acquisition (cost unknown). The cost of a 5' wide typical sidewalk would amount to approximately $8.00 per lineal foot. The Oslo Road sidewalk would cost approx- imately $126,720 plus right-of-way acquisition. The cost of the -, mile portion of Lateral A Road sidewalk would be approx- imately $21,120 plus right-of-way acquisition. Right-of-way acquisition could take one year or so. Alternative No. 1 Since the County's Thoroughfare Plan shows Oslo Road as an Arterial road, a 120' wide right-of-way will be reserved as development fronts the road. This will resolve the right -of-, way deficiency. Through the site plan process, the construction of sidewalks can be requested as the area developes. The impact of this alternative would be a minimum cost to the County and right-of-way condemnation would be avoided. To resolve the Lateral A Road walking condition, the County staff is pursuing right-of-way acquisition at this time. Alternative No. 2 Proceed to acquire the right-of-way along Oslo Road by donation or condemnation and construct sidewalks. RECOMMENDATION AND FUNDING Alternative No. 1 is recommended whereby sidewalks and right- of-way acquisition along Oslo Road shall be requested .at the time that the land is developed, and that the County proceed to acquire right-of-way along Lateral "A" Road north of CR 510. At this time, these areas do not meet the Florida Statutes definition of "hazardous walking condition". NOV 3 1982 35 dog l 51 899 r NOV 198QbOK 2 The Administrator explained that it was staff's contention that the hazard did not exist and recommended that the Board concur with their findings. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Fletcher, that the Board accept the report from the Public Works Director that the hazardous condition at Thompson Elementary School along Oslo Road did not exist, as defined by the law, and request that the Transportation Planning Committee study to see if a long range plan could be put into effect to provide a bike and pedestrian path. Attorney Brandenburg explained that the study indicated a hazardous condition did not exist . Lengthy discussion followed along those lines. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. Mr. Davis explained, regarding the Sebastian issue, that they were currently pursuing the right-of-way acquisition along Lateral A Road north of CR 510. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously approved staff's recommendation to acquire right -of -way along Lateral A ' Road north of CR -510. ARCHITECTURAL AGREEMENT FOR CIVIL DEFENSE FACILITY MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board approve the Agreement between Architect John W. Calmes and the County for design of the Civil Defense Facility in the Administration Building, and • authorize the signature of the Chairman. Discussion of the finances ensued, and it was determined that funds would be coming from Village Green for this project, as well as the Contingency Fund. Administrator Wright pointed out that this space would be designed so it could be used for other purposes later. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. NOV 3 198 37 wK 51 ��„r 8` I OV 3 `982 THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document 8141 Standard Form of Between Owner and Architect 1977 EDITION THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH AN ATTORNEY 1S ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION AGREEMENT made as of the 3rd day of November in the year of Nineteen Hundred and Eighty Two BETWEEN the Owner: Indian River County, a political subdivision of the State of Florida and the Architect: John W. Calmes, A.I.A., Architect Professional Association, 1125 12th Street, Suite B, Vero Beach, Florida 32960 For the following Project: (Include detailed description of Project location and scope.) Design of Civil Defense facility in the County Administration Building, 1840 25th Street, Vero Beach, Florida with an estimated cost not to exceed approximately $75,000.00. The Owner and the Architect agree as set forth below. Copyright 1917, 1926, 1948, 1951, 1953, 1958, 1961, 1963, 1966, 1%7, 1970, 1974, Q 1977 by The American Institute of Architects, 1735 New York Avenue, N.W., Washington, D.C. 20006. Reproduction of the material herein or substantial quotation of its provisions without permission of the AIA violates the copyright laws of the United States and will be subject to legal prosecution. AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAm • Q 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 8141-1977 y fr% 1'1 TERMS AND CONDITIONS OF AGREEMENT BETWEEN OWNER AND ARCHITECT ARTICLE 1 11 ARCHITECT'S SERVICES AND RESPONSIBILITIES BASIC SERVICES The Architect's Basic Services consist of the five phases described in Paragraphs 1.1 through 1.5 and include normal structural, mechanical and electrical engineering services and any other services included in Article 15 as part of Basic Services. 1.1 SCHEMATIC DESIGN PHASE 1.1.1 The Architect shall review the program furnished by the Owner to ascertain the requirements of the Project and shall review the understanding of such requirements with the Owner. 1.1.2 The Architect shall provide a preliminary evalua- tion of the program and the Project budget requirements, each in terms of the other, subject to the limitations set forth in Subparagraph 3.2.1. 1.1.3 The Architect shall review with the Owner alterna- tive approaches to design and construction of the Project. 1.1.4 Based on the mutually agreed upon program and Project budget requirements, the Architect shall prepare, for approval by the Owner, Schematic Design Documents consisting of drawings and other documents illustrating the scale and relationship of Project components. 1.15 The Architect shall submit to the Owner a State- ment of Probable Construction Cost based on current area, volume or other unit costs. 1.2 DESIGN DEVELOPMENT PHASE 1.2.1 Based on the approved Schematic Design Docu- ments and any adjustments authorized by the Owner in the program or Project budget, the Architect shall pre- pare, for approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the entire Project as to architectural, structural, mechanical and elec- trical systems, materials and such other elements as may be appropriate. 1.2.2 The Architect shall submit to the Owner a further Statement of Probable Construction Cost. 1.3 CONSTRUCTION DOCUMENTS PHASE 1.3.1 Based on the approved Design Development Doc- uments and any further adjustments in the scope or qual- ity of the Project or in the Project budget authorized by the Owner, the Architect shall prepare, for approval by the Owner, Construction Documents consisting of Draw- ings and Specifications setting forth in detail the require- ments for the construction of the Project. 1.3.2 The Architect,shall assist the Owner in the prepara- tion of the necessary bidding information, bidding forms, the Conditions of the Contract, and the form of Agree- ment between the Owner and the Contractor. 1.3.3 The Architect shall advise the Owner of any adjust- ments to previous Statements of Probable Construction Cost indicated by changes in requirements or general market conditions. 1.3.4 The Architect shall assist the Owner in connection with the. Owner's responsibility for filing documents re- quired for the approval of governmental authorities hav- ing jurisdiction over the Project. 1.4 -BIDDING OR NEGOTIATION PHASE 1.4.1 The Architect, following the Owner's approval of the Construction Documents'and of the latest Statement of Probable Construction Cost, shall assist the Owner in obtaining bids or negotiated proposals, and assist in awarding and preparing, contracts for construction. 1.5 CONSTRUCTION PHASE ADMINISTRATION OF THE CONSTRUCTION CONTRACT 1.5.1 The Construction Phase will commence with the award of the Contract for Construction and, together with the Architect's obligation to provide Basic Services under this Agreement, will terminate when final payment to the Contractor is due. Of StI60814lial Gefflpl_"OR of the whisheveF Frrst.- ' 1.5.2 Unless otherwise provided in this Agreement and incorporated in the Contract Documents, the Architect shall provide administration of the Contract for Construc- tion as set forth below and in the edition of AIA Docu- ment A201, General Conditions of the Contract for Con- struction, current as of the date of this Agreement. 15.3 The Architect shall be a representative of the Owner during the Construction Phase, and shall advise and consult with the Owner. Instructions to the Contrac- tor shall be forwarded*through the Architect. The Archi- tect shall have authority to act on behalf of the Owner only to the extent provided in the Contract Documents unless otherwise modified by written instrument in ac- cordance with Subparagraph 1.5.16. 1.5.4 The Architect shall visit the site at intervals ap- propriate to the stage of construction or as otherwise agreed by the Architect in writing to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accord- ance with the Contract Documents. However, the Archi- tect shall not be required to make exhaustive or con- tinuous on-site inspections to check the quality or quan- tity of the Work. On the basis of such on-site observa- tions as an- architect, the Architect shall keep the Owner informed of the progress and quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. See Art. 15 #1 1.5.5 The Architect shall not have control or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, for the acts or omissions of the Contractor, Sub - AIA DOCUMENT 8141 - OWNER -ARCHITECT AGREEMENT - rHIRTEENJH EDITION - IULY 1977 - AIA1+ . q) 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 3 N 0 V 3 1982 f Fill - NO V 3 1982 'contractors or any other persons performing any of the Work, or for the failure of any of them to carry out the Work in accordance with the Contract Documents. 1S.6 The Architect shall at all times have access to the Work wherever it is in preparation or progress. 1.5.7 The Architect shall determine the amounts owing to the Contractor based on observations at the -site and on evaluations of the Contractor's Applications for Payment, and shall issue Certificates for Payment in such amounts, as provided in the Contract Documents. 15.8 The issuance of a Certificate for Payment shall constitute a representation by the Architect to the Owner, based on the Architect's observations at the site as pro- vided in Subparagraph 1.5.4 and on the data comprising the Contractor's Application for Payment, that the Work has progressed to the point indicated; that, to the best of the Architect's knowledge, information and belief; the qual- ity of the Work is in accordance with the Contract Docu- ments (subject to an evaluation of the- Work for con- formance with the Contract Documents upon Substantial Completion, to the results of any subsequent tests re- quired by or performed under the Contract Documents, to minor deviations from the Contract Documents cor- rectable prior to completion, and to any specific qualifica- tions stated in the Certificate for Payment); and that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has made any examination to ascertain how and for what purpose the Contractor has used the moneys paid on account of the Contract Sum. 15.9 15orrtrall The Architect shall render -interpretations nec- essary for the proper execution or progress of the Work with reasonable promptness on written request of either the Owner or the Contractor, and shall render written de- cisions, within a reasonable time, eR ..II ..I..:... .,:.._...-_ Me 8111 ether ll ... etween Wile 15.10 Interpretations end Of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in written or graphic form. Ftt-#,e—Fa,.xtr-- 4iih in Se -44"geflld. 1.5.11 The Architect's decisions in matters relating to artistic effect shalt be final if consistent with the intent of the Contract Documents. shall be sti ill this AfIFI Mme 1.5.12 The Architect shall have authority to.reject Work which does Whenever, in nor he Architect's Contract the reaso ablenopion, tit Documents. is 51 8: O r-4 -,I r-4 .O cd necessary or advisable for the implementation of the intent (13 44 of the Contract Documents, the Architect will have author- U ity to require special inspection or testing of the Work in cd N l` accordance with the provisions of the Contract Docu- ments, whether or not such Work be then fabricated, in- r -I w N stalled or completed. ed 04 4J 1.5.13 The Architect shall review and a I PPro �+ other appropriate action upon the Contractor's, submittals N P such as Shop Drawings, Product Data and Samples, but -C O FC only for conformance with the design concept of the 0 N Work and with the information given in the Contract N N 4 Documents. Such action shall be taken with reasonable 0 X 4J N promptness so as to cause no delay. The Architect's ap- ,C S >4 C proval of a specific item shall not indicate approval of an U 44 3 assembly of which the item is a component. 'N -"1 O tlt O J 1.5.14 The Architect shall prepare Change Orders for the Owner's approval and execution in accordance with the Contract Documents, and shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time which are not inconsistent with the intent of the Contract Documents. 1.5.15 The Architect shall conduct inspections to deter- mine the Dates of Substantial Completion and final Com- pletion, shall receive and forward to the Owner for the Owner's review written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a final Certificate for Pay- ment. ••IRON �-R � N -t •4 ridH4-I � N. O Cb W rw-I d)RNrtl 4) 04� 4 4)GUC WONC 4-1 4) k • c +t N -.•I R U .!C 15.16 The extent of the duties, responsibilities and lim- 1 O 4 • --' itations of authority of the Architect as the Owner's re - R �� ' resentative during construction shall not be modified or O-�)� c extended without written consent of the Owner, .the Con- 04J -W C tractor and the Architect. r. �4.; 1.6 PROJECT REPRESENTATION BEYOND BASIC SERVICES 44 H 4-4 4 C I 4-1 R 1.6.1 If the Owner and Architect agree that more exl-*' tensive representation at the site than is described in Paragraph 1.5 shall be provided, the ok+elti IWshati pro- o er vide one e*-ruse—Project Representative% to assist the Architect in carrying out such responsibilities at the site. WERMI- 1.7 ADDITIONAL SERVICES The following Services are not included in Basic Services unless so identified in Article 15. The ll Or set be provided if authorized or confirmed in writing by forth the Owner, and they shall be paid for by the Owner in as provided in this Agreement, in addition to the Prix compensation for Basic Services.ect 4 8141-1977 AIA DOCUMENT 6141 •Scope UWNER-ARCHITECT AGREE 14ENf •THIRTEENTH EDITION •JULY 7977 • AIA- . © 977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. Y00D6 1.7 ADDITIONAL SERVICES The following Services are not included in Basic Services unless so identified in Article 15. The ll Or set be provided if authorized or confirmed in writing by forth the Owner, and they shall be paid for by the Owner in as provided in this Agreement, in addition to the Prix compensation for Basic Services.ect 4 8141-1977 AIA DOCUMENT 6141 •Scope UWNER-ARCHITECT AGREE 14ENf •THIRTEENTH EDITION •JULY 7977 • AIA- . © 977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. Y00D6 trk (r" t� SFaFRFRiRS the .. nt i the 12rojert. 1.7.2 Providing financial feasibility or other special studies. 1.7.3 Providing planning surveys, site evaluations, envi- ronmental studies or comparative studies of prospective sites, and preparing special surveys, studies and submis- sions required for approvals of governmental authorities or others having jurisdiction over the Project. 1.7.4 Providing services relative to future facilities, sys- tems and equipment which are not intended to be con- structed during the Construction Phase. 1.7.5 Providing services -€aei�it w to make measured drawings theF fr or to verify the accuracy of drawings or other information fur- nished by the Owner. of existing conditions 1.7.6 -Preparing documents of alternate, separate or Sequential bids or providing extra services in connection with bidding, negotiation or construction prior to the completion of the Construction Documents Phase, when requested by the Owner. 1.7.7 Providing coordination of Work performed by separate contractors or by the Owner's own forces. 1.7.8 Providing services in connection with the work of a construction manager or separate consultants retained by the Owner. 1.7.9 Providing Detailed Estimates of Construction Cost, analyses of owning and operating costs, or detailed quan- tity surveys or inventories of material, equipment and labor. Ntces—reqs+red iOF of iA-c-eMP—M AR ryiEh—theme' ',e.,, related equipmen . 1,7.11 Providing services for planning tenant or rental spaces. 1.7.12 Making revisions in Drawings, Specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given, are required by the enactment or revision of codes, laws or regulations subsequent to the preparation of such doc- uments or are due to other causes not solely within the control of the Architect. 1.7.13 Preparing Drawings, Specifications and supporting data and providing other services in connection with Change Orders to the extent that the adjustment in the Basic Compensation resulting from the adjusted Con- struction Cost is not commensurate with the services re- quired of the Architect, provided such Change Orders are required by causes not solely within the control of the Architect. 4Ara^^c .• c •r.• a 'rrn by !he GwReF. 1.7.15 Providing consultation concerning replacement of any Work damaged by fire or other cause during con- struction, and furnishing services as may be required in connection with the replacement of such Work. 1.7.16 Providing services made necessary by the default of the Contractor, or by major defects or deficiencies in the Work of the Contractor, or by failure of performance of either the Owner or Contractor under the Contract for Construction. 1.7.17 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked -up prints, drawings and other data furnished by the Contractor to the Architect. 1.7.18 Providing extensive assistance in the utilization of any equipment or system such as initial start-up or testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for operation and maintenance, and consultation during operation. 1.7.19 Providing services efter•}ssaaeee to the Owner •ef after *& final GeFtif'-ate- Payment, er iR the absenee is . made to 1.7.20 Preparing to serve or serving as an experMt,4 actor in connection with any public hearing; arbitration pro- ceeding or legal proceeding. 1.7.21 Providing services of consultants for other than the normal architectural, structural, mechanical and elec- trical engineering services for the Project. - 1.7.22 Providing any other services not otherwise in- cluded in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 1.8 TIME 1.8.1 The Architect shall perform Basic and Additional Services as expeditiously as is consistent with professional skill and care and the orderly progress of the Work. Upon request of the Owner, the Architect shall submit for the Owner's approval, a schedule for the performance of the Architect's services which shall be adjusted as required as the Project proceeds, and shall include allowances for peri- ods of time required for the Owner's review and approval of submissions and for approvals of authorities having jurisdiction over the Project. This schedule, when approved by. the Owner, shall not, except for reasonable cause, be exceeded by the Architect. ARTICLE 2 THE OWNER'S RESPONSIBILITIES ake. at A hi 2.1 The Owner sha rtrr� lnormaefion regarEl�ig requirements for the Project elwdi^ h h teet r s j .,^g•-e—p roS, a� �.y—����r t�111.J_cat fnrti� th (1, ncr�c rinc'nn nl.' t' t a re - 4 T� r �n{� P�:.o I..,J• b JFel-WA quest 'll ,.,a ^:to FQ63,t avail - 2.2 If. the Owner provides a budget for the Project it able shall include contingencies for bidding, changes in the Work during construction, and other costs which are the responsibility of the Owner, including those described in this Article 2 and in Subparagraph 3.1.2. The Owner shall, at the request of the Architect, provide a statement of funds available for the Project; and their source. AIA DOCUMENT 13141 - OWNER -ARCHITECT AGREEMENT - THIRTEENTH EDITION - JULY 1977 - AIA'& • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, M.W., WASHINGTON, D.C. 20006 8141-1977 5 wK . 5�. NOV 3 1982 Fr'_ N 0 V 3 a) O N 44 4J U N 0 0 N Q .. >4 >y cd W�4J O 4 � 4JtoO 04(d C.) - 4 4 (1) U 4 4Jft b4J C: �U O 4J N 44 a0 r: Z 44 r0 -r1 Q )SON O •- �-1 tU 'Lf m 04 U 5 040 41 0 4-) CD -BONN -r4 N +1 W .0 u] +1 O U N -rl 44 $4.0 $4 N 4 a-► 3 3] 2.3 The Owner shall designate, when necessary, a rep- resentative authorized to act in the Owner's behalf with respect to the Project. The Owner or such authorized representative shall examine the documents submitted by the Architect and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of the Architect's services. 2.4 The Owner shall furnish a legal description and a certified land survey of the site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoin- ing property; rights-of-way, restrictions, easements, en- croachments, zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees; and full information concerning available serv- ice and utility lines both public and private, above and below grade, including inverts and depths. 2.5 The Owner shall furnish the services of soil engi- neers or other consultants when such services are deemed necessary by the Architect. Such services shall include test borings, test pits, soil bearing values, percolation tests, air and water pollution tests, ground corrosion and resistivity tests, including necessary operations for determining sub- soil, air and water conditions, with reports and appropri- ate professional recommendations. 2.6 The Owner shall furnish structural, mechanical, chemical and other laboratory tests, inspections and re- Qorts as required by law or the Contract Documents. 2.7 The Owner shall furnish all legal, accounting and in- surance counseling services as may be necessary at any time for the Project, including such auditing services as the Owner may require to verify the Contractor's Applica- tions for Payment or to ascertain how or for what pur- poses the Contractor uses the moneys paid by or on be half of the Owner. 2.8 The services, information, surveys and reports re- quired by Paragraphs 2.4 through 2.7 inclusive shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accuracy and completeness thereof. 2.9 If the Owner observes or otherwise becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents, prompt written notice thereof shall be given by the Owner to the Architect. 2.10 The Owner shall furnish required information and services and shall render approvals and decisions as ex- peditiously as necessary for the orderly progress of the Architect's services and of the Work. ARTICLE 3 CONSTRUCTION COST 3.1 DEFINITION 3.1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 3.1.2 The Construction Cost shall include at current market rates, including a reasonable allowance for over- head and profit, the cost of labor and materials furnished by the Owner and any equipment which has been de - signed, specified, selected or specially provided for by the Architect. 3.1.3 Construction Cost does not include the compen- sation of the Architect and the Architect's consultants, the cost of the land, rights-of-way, or other costs which are the responsibility of the Owner as provided in Arti- cle 2. 3.2 RESPONSIBILITY FOR CONSTRUCTION COST 3.2.1 Evaluations of the Owner's Project budget, State- ments of Probable Construction Cost and Detailed Estimates of Construction Cost, if any, prepared by the Architect, represent the Architect's best judgment as a design professional familiar with the construction indus- try. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, mate- rials or equipment, over the Contractor's methods of de- termining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, the Architect cannot and does not warrant or represent that bids or negotiated prices will not vary from the Project budget proposed, established or approved by the Owner, if any, or from any Statement of Probable Construction Cost or other cost estimate or evaluation prepared by the Archi- tect. 3.2.2 No fixed limit of Construction Cost shall be estab- lished as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget under Sub- paragraph 1.1.2 or Paragraph 2.2 or otherwise, unless such fixed limit has been agreed upon in writing and signed by the parties hereto. If such a fixed limit has been estab- lished, the Architect shall be permitted to include con- tingencies for design, bidding and price escalation, to de- termine what materials, equipment, component systems and types of construction are to be included in the Con- tract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Docu- ments alternate bids to adjust the Construction Cost to the fixed limit. Any such fixed limit shall be increased in the amount of any increase in the Contract Sum occurring after execution of the Contract for Construction. 3.2.3 If the Bidding or Negotiation Phase has not com- menced within three months after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be ad- justed.to reflect any change in the general level of prices in the construction industry between the date of submis- sion -of the Construction Documents to the Owner and the date on which proposals are sought. 3.2.4 If a Project budget or fixed limit of Construction Cost (adjusted as provided in Subparagraph 3.2.3) is ex- ceeded by the lowest bona fide bid or negotiated pro- posal, the Owner shall (1) give written approval of an increase in such fixed limit, (2) authorize rebidding or re- negotiating of the Project within a reasonable time, (3) if the Project is abandoned, terminate in accordance with Paragraph 10.2, or (4) cooperate in revising the Project scope and quality as required to reduce the Construction Cost. In the case of (4), provided a fixed limit of Construc- tion Cost has been established as a condition of this Agree- ment, the Architect, without additional charge, shall mod- ify the Drawings and Specifications as necessa to ly ry comp 6 8141-1977 AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT - THIRTEENTH EDITION - JULY 1977 • AIAO • © 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20806 IT Olin\ J�' with the fixed limit. The providing of such service shall be the limit of the Architect's responsibility arising from the establishment of such fixed limit, and having done so, the Architect shall be entitled to compensation for all services performed, in accordance with this Agreement, whether or not the Construction Phase is commenced. ARTICLE 4 DIRECT PERSONNEL EXPENSE 4.1 Direct Personnel Expense is defined as the direct sal- aries of all the Architect's personnel engaged on the Proj- ect, and the portion of the cost of their mandatory and customary contributions and benefits_ related thereto; such as employment taxes and other statutory employee bene- fits, insurance, sick leave, holidays, vacations, pensions and similar contributions and benefits. ARTICLE 5 REIMBURSABLE EXPENSES 5.1 Reimbursable Expenses are in addition to the Com- pensation for Basic and Additional Services and include actual expenditures made by the Architect and the Archi- tect's employees and consultants in the interest of the Project for the expenses listed in the following Sub- paragraphs: 5.1.1 Expense of transportation in connection with the Project;',,,; i expenses in eenneetien with ofte 4F-vedi long distance communications, and fees paid for securing approval of authorities having jurisdiction over the Project. 5.1.2 Expense of reproductions, postage and handling of Drawings, Specifications and other documents, excluding reproductions for the office use of the Architect and the Architect's consultants. 5.1.3 Expense of data processing and photographic pro- duction techniques when used in connection with Addi- tional Services. 5.1.4 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 5.1.5 Expense of renderings, models and mock-ups re- quested by the Owner. 5.1.6 Expense of any additional insurance coverage or limits, including professional liability insurance, requested by the Owner in excess of that normally carried by the Architect and the Architect's consultants. ARTICLE 6 - PAYMENTS TO THE ARCHITECT 6.1 PAYMENTS ON ACCOUNT OF BASIC SERVICES 6.1.1 An initial payment as set forth in Paragraph 14.1 is the minimum payment under this Agreement. 6.1.2 Subsequent payments for Basic Services shall be made monthly and shall be in proportion to services per- formed within each Phase of services, on the basis set forth in Article 14. 6.1.3 If and to the extent that the Contract Time initially established in the Contract for Construction is exceeded or extended through no fault of the Architect, compensa- tion for any Basic Services required for such extended period of Administration of the Construction Contract shall be computed as set forth in Paragraph 14.4 for Addi- tional Services. 6.1.4 When compensation is based on a percentage of Construction Cost, and any portions of the Project are deleted or otherwise not constructed, compensation for such portions of the Project shall be payable to the extent services are performed on such portions, in accordance with the schedule set forth in Subparagraph 14.2.2, based on (1) the lowest bona fide bid or negotiated proposal or, (2) if no such bid or proposal is received, the most recent Statement of Probable Construction Cost or Detailed Esti- mate of Construction Cost for such portions of the Project. 6.2 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVICES 6.2.1 Payments on account of the Architect's Additional Services as defined in Paragraph 1.7 and for Reimbursable Expenses as defined in Article S shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 6.3 PAYMENTS WITHHELD 6.3.1 No deductions shall be made from the Architect's compensation on account of penalty, liquidated damages or other sums withheld from payments to contractors, or on account of the cost of changes in the Work other than those for which the Architect is held legally liable. 6.4 PROJECT SUSPENSION OR TERMINATION 6.4.1 If the Project is suspended or abandoned in whole or in part for more than three months, -the Architect shall be compensated for all services performed prior to receipt of written notice from the Owner of such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses as defined in Paragraph 10.4. If the Project is resumed after being suspended for more than three months, the Architect's compensation shall be equitably adjusted. ARTICLE 7 ARCHITECT'S ACCOUNTING RECORDS 7.1 Records of Reimbursable Expenses and expenses per- taining to Additional Services and services performed on the basis of a Multiple of Direct Personnel Expense shall be kept on the basis of generally accepted accounting principles and shall be available to the Owner or the Owner' -s authorized representative at mutually convenient times. ARTICLE 8 OWNERSHIP AND USE OF DOCUMENTS 8.1 Drawings and Specifications as instruments of serv- ice are and shall remain the property of the--k-,Owner whether the Project for which they are made is executed or not. The pef AIA DOCUMENT 6141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIAra THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINQTON, D.C.�2OW6 8141-7977 7 tooK 51 pli, R_ � 7 NOV3 '8.2 Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the Architect's rights. ARTICLE 9 ARBITRATION '=' ` - between the parties to this AgFeeme-1 --q out W OF fe4ating to this Agreement or the breaeii _thef�efy shall be. R then ebiaiRiRg unless the paFtipr M., or. Fe Wins to this Arpeement-, shall iFielude, by eeRselidatioa-,_ ---fie refewnee is this AgFeemem and sisFi-e-d ii be difieFial •L 11 PeF98*-8F 1+ eFSBRS ......1^- the p •. •r Fig I. . 1 r he Fmade Elemand shall ha Jed by the'applic-abie stat-ta Of I"Mitatigiar. M 3 The aWaFd render -ed by the a4ilitmlefs shall he fiRa •eRd judgment J r -er r, ARTICLE 10 TERMINATION OF AGREEMENT 10.1 This Agreement may be terminated by either party upon seven days' written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 10.2 This Agreement may be terminated by the Owner upon at least seven days' written notice to the Architect in the event that the Project ispeFFnaRIl�.abandoned. 10.3 In the event of termination not the fault of the Ar- chitect, the Architect shall be compensated for all services performed to termination date, together with Reimburs- able Expenses then due and all Termination Expenses as defined in Paragraph 10.4. 10.4 Termination Expenses include expenses directly at- tributable to termination for which the Architect is not otherwise compensated, plus an amount computed as a percentage of the total Basic and Additional Compensa- tion earned to the time of termination, as follows: .1 20 percent if termination occurs during the Sche- matic Design Phase; or .2 10 percent if termination occurs during the Design Development Phase; or .3 5 percent if termination occurs during any subse- quent phase. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 Unless athenvisespeeifi-Md, this Agreement shall be governed by the law of .+he 1- principal - r _ f L aL•�lE-i fsrneaats r r - ar*+ers•vr Florida. 11.2 Terms in this Agreement shall have -the same mean- ing as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 11.3 As between the parties to this Agreement: as to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued in any and all events not later than the rele- vant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Substantial Completion, not later than the date of issuance of the final Certificate for Payment. 11.4 The Owner and the Architect waive all rights _ against each other and against the contractors, consult- ants, agents and employees of the other for damages cov- ered by any property insurance during construction as set forth in the edition of AIA Document A201, General Con- ditions, current as of the date of this Agreement. The Owner and the Architect each shall require appropriate similar waivers from their contractors, consultants and agents. r _ ARTICLE 12 SUCCESSORS AND ASSIGNS 12.1 The Owner and the Architect, .respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representa= tives of such other party with respect to all covenants of this Agreement. Neither the Owner nor the Architect shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. ARTICLE 13 EXTENT OF AGREEMENT �p 13.1 This Agreement represents the entire and integrated agreement between the Owner and the Architect and supersedes all prior negotiations, representations or agree- ments, either written or oral. This Agreement may be '-1 amended only by written instrument signed by both �I Owner and Architect. 8 8141-1977 THE AMERICAN IINSTITUOTE OF A CH TECTS,`7 351NEw YORKrAVENUE, IN. W. •yJULY A H1977 AIA . ©Ig77 C. 20006 ?+� ARTICLE 14 BASIS OF COMPENSATION The Owner shall compensate the Architect for the Scope of Services provided, in accordance with Article 6, Payments to the Architect, and the other Terms and Conditions of this Agreement, as follows: 14.1 AN INITIAL PAYMENT of FIVE HUNDRED dollars ($ 500.00) shall be made upon execution of this Agreement and credited to the Owner's account as follows: ORner to receive full credit for initial payment. 14.2 BASIC COMPENSATION 14.2.1 FOR BASIC SERVICES, as described in Paragraphs 1.1 through 1.5, and any other services included in Article 15 as part of Basic Services, Basic Compensation shall be computed as follows: (Here insert basis of compensation, including fixed amounts, multiples or percentages, and identify Phases to which particular methods of compensa- tion apply, it necessary.) 1 Irl 10% total construction cost a, 14.2.2 Where compensation is based on a Stipulated Sum or Percentage of Construction Cost, payments for Basic Services shall be made as provided in Subparagraph 6.1.2, so that Basic Compensation for each Phase shall equal the following percentages of the total Basic Compensation payable: (Include any additional Phases as appropriate.) Schematic Design Phase: Design Development Phase: Construction Documents Phase: Bidding or Negotiation Phase: Construction Phase: f if teen percent (15 %,) twenty percent (20 %,) forty percent (40 %) f ive percent ( 5 %) twenty percent (20 %) 14.3 FOR PROJECT REPRESENTATION BEYOND BASIC SERVICES, as described in Paragraph 1.6, Compensation shall be computed separately in accordance with Subparagraph 1.6.2. AIA DOCUMENT 8141 • OWNER•ARCHI7ECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 •AIA • O 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, O.C. 20006 8141-1977 9 N n V 3 1982 K 5 '� Nov 3 14.4 COMPENSATION FOR ADDITIONAL SERVICES .K 51 840 14.4.1 FOR ADDITIONAL SERVICES OF THE ARCHITECT, as described in Paragraph 1.7, and any other services in- cluded in Article 15 as part of Additional Services, but excluding Additional Services of consultants, Compen- sation shall be computed as follows: (Here insert basis of compensation, including rates and/or multiples of Direct Personnel Expense for Principals and employees, and identify Principals and classify employees, if required. Identify specific services to which particular methods of compensation apply, if necessary.) Principal — FIFTY—FIVE DOLLARS ($55.00} per hour Employees - 2.75 times direct personal expense - Reproduction charges 24" x 36" Blueprints - $1.50 per sheet + 24" x 36" 2nd Original Mylars - $10.00 per sheet 8-1/2" x 11" 2nd Original Mylars - $2.50 per sheet Copies - $0.25 _ 14.4.2 FOR ADDITIONAL SERVICES OF CONSULTANTS, including additional structural, mechanical and electrical engineering services and those provided under Subparagraph 1.7.21 or identified in Article 15 as part of Addi- tional Services, a multiple of one and tWo—tenths ( 1.2 ) times the amounts billed to the Architect for such services. (Identify specific types of consultants in Article 15, if required.) 14.5 FOR REIMBURSABLE EXPENSES, as described in Article 5, and any other items included in Article 15 as Reim- bursable Expenses, a multiple of one and two—tenths ( 1.2 ) times the amounts ex- pended by the Architect, the Architect's employees and consultants in the interest of the Project. 14.6 Payments due the Architect and unpaid under this Agreement shall bear interest from the date payment is due at the rate entered below, or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. (Here insert any rate of interest agreed upon.) twelve percent (12 % (Usury laws and requirements under the Federal Truth in Lending Act, similar state and local consumer credit laws and other regulations at the Owner's and Architect's principal places of business, the location of the Protect and elsewhere may affect the vdlidity of this provision. Specific legal advice should he obtained with respect to deletion, modification, or other requirements such as written disclosure, <,r waivers.) 14.7 The Owner and the Architect agree in accordance with the Terms and Conditions of this Agreement that: 14.7.1 IF THE SCOPE of the Project or of the Architect's Services is changed materially, the amounts of compensation shall be equitably adjusted. 14.7.2 IF THE SERVICES covered by this Agreement have not been completed v: ithin twelve (12 months of the date hereof, through no fault of the Architect, the amounts of compensation, rates and multiples set forth herein shall be equitably adjusted. 10 8141-1977 AIA DOCUMENT 8141 - OWNER -ARCHITECT AGREEMENf - filIRTEENIH EDITION JULY 1977 • AIA+s • 1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGION, D.C. 20006 vm ARTICLE 15 OTHER CONDITIONS OR SERVICES 1. Architect shall visit the site and make an inspection at least once a week during the construction phase. 2. Architect will provide owner with a set of reproducible drawings. 1% AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • JULY 1977 • AIA®• ©1977 THE AMERICAN INSTITUTE OF ARCHITECTS, 173S NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 B141-1977 11 am 51 F, ue N 0 V 3 1982 F_ N O V 3 1982 K 5 P, 4 i?o _ 00 This Agreement entered into as of the day and year first written above. OWNER ARCHITECT Don C. Scurlock, Jr., Chairman John-Wy. Calm s, A Board of County Commissioners ., Architect.P.A. BY BY Approved S o for an di ie y' _�ffiC ' Cy Q, r Brandenburg C my Atiorney 12 B141-1977 AIA DOCUMENT 8141 • OWNER -ARCHITECT AGREEMENT • THIRTEENTH EDITION • IULY 1977 • AIA'& • © )977 THE AMERICAN INSTITUT CHITECTS. 1735 NEW YORK AVENUE, N.W., W D.0 20006 WABASSO BEACH PARK GATES Thomas H. Collins, Vice President of the Summerplace Improvement Association, Inc., came before the Board on behalf of the association, and reviewed the following letter: f STIR ERPLACE IMPROVEMENT ASSOCIATION "SUMMERPLACE" Vero Beach, Florida November 2, 1982 Indian River County Commissioners 1840 25th Street Vero Beach, Florida 32960 Gentlemen: As a follow-up to our appearance before you today, we, the residents of Summerplace represented through the Summer - place Improvement Association, again want to express our sincere concern with the way the County tolerates the serious abuse of the newly renovated Wabasso Beach Park. With all the effort and money that has been spent, it is unfair not to treat the operation and management of the Wabasso Park exactly like other County -run parks and recreational facili- ties. The Commissioners have received numerous correspondences over the years from concerned citizens of the Summerplace com- munity and we have repeatedly requested that the park be closed at 10:00 P.M., gates be installed similar to the ones placed on the new beach accesses and that the laws regarding public drinking, littering and physical abuse of the park be enforced. We sincerely appreciate the Commissioners taking their time to hear our views and would welcome the opportunity to work with the governing bodies to enhance the use of the Dark by all the residents and guests of Indian River County. [ale would appreciate your response to our requests and would welcome any action toward the betterment of Wabasso Park. Sincerely, Thomas H. Collins Vice President ` NOV 3 1982 39 # He discussed the many problems the neighbors were encountering with the public drinking and abuse at the Wabasso Beach Park, and the overnight parking of campers with their compressors going all night. The people who live in the area feel intimidated by all of this unpleasantness, and feel that a gate across the entrance was needed and would appreciate if the Board would take some positive action. Julia Esposito, resident of Summerplace, came before the Board and complained that her back yard was full of cans and beer bottles from the parties that are held on Friday and Saturday nights on the beach. She added that the Sheriff's Department does not pay any attention to their complaints about the disturbances. Mrs. Esposito also mentioned that there was overnight parking right next to her house. Commissioner Bird stated that the next meeting of the Parks & Recreation Committee would be on Tuesday at 3:00 P.M. and he would be sure to place this on their agenda, and invite the Sheriff's Department in order to make this a combination effort. Chairman Scurlock stated that the Board was very concerned about the situation and was hopeful the combined effort could arrive at a solution. n William Carnill, II, resident of Summerplace, reviewed the following letter: M r ( .\1•a sheet --Property Appraisal Adjustment Board-- William Carnill II I should like to state that we have previously objected unsuccessfully to the Tbx Assessor regarding the valuation placed on our property when it was increased from seventy=seven thousand to eighty four thousand four hundred dollars in 1981. This year -the assessment has increased in excess of 34R over 1981 to $113,770.00. tate have no garage or carport nor have any improvements recently been made to the property. Prior to the ex--pansion of 1 abasso Beach Park there was a 100 foot buffer zone between- our lot and the Park. At that time our property probably had a value approaching the 1982 assessment. In our opinion, however, since the Park expansion this value has been severely depreciated for the following reasons: - 1. Trucks and noisy vehicles park at all hours of the day and night in the dusty area immediately adjoining our property. This is less than twenty feet from an outdoor deck and, less than twenty -five -feet from our bedroom window. Doors to these vehicles are often left wide open and radios turned to full blast while the occupants loudly party. Refrigerated trucks with compressors running often park for extended periods during the night I suppose while the driver sleeps or. showers. 2. .There is a sign as one„enters the Park prohibiting alcoholic beverages. The store at the entrance sells beer and wine to which I do not object but which does contribute markedly to the litter and partying to which I .do object. Garbage has. been throx-an against the side of our house and we -continually pick up cans and bottles. 3. When the Park was enlarged Indian River County attempted to fence and control access to the Park. A high pa -e wire fence and gate with posts in concrete was constructed. This was torn down repeatedly by vandals who I understand warned Deputy Sheriffs to keep hands off. The County was.intimidated to the extent that the fence was eventually removed at considerable expense. 4. Litter of all kinds, human and animal, have caused beach conditions to deteriorate drastically. It is my belies” that a plain clothes deputy could more than -earn his yearly salary if this beach was patrolled and the litter law enforced. We as citizens are reluctant to report violations especially since a visitor was severely beaten recently by hopped -up beachers. In this case hospitalization was required. For the reasons stated above we avoid visiting our home on week -ends when the area is most congested. We believe these are sufficient grounds for requesting a downward revision in the assessed valuation of our property. -T R ectfully s mi ed, illiam Carnill ;I NOV 3 1982 41 - siox 51 Fiiu-E 845 �4 6 Mr. Carnell complained that the group that congregates there has no concern for the private sector. He advised that in Polk County, the officials solved a similar problem by putting in a travel trailer on the site which had a Deputy Sheriff there at all times. Lengthy discussion followed and it was determined to be very important that the County get together with the Sheriff to restore order to that area. The Chairman felt that by having public facilities, there were going to be problems. He felt the Sheriff should be contacted, and it should be made expensive and uncomfortable for the offenders. William Ball, Summerplace resident, mentioned that even during the day while at a picnic on the beach, he was harassed. He felt that if the County was willing to vote to spend more money to have more parks, they should invest money to protect them. Motion was made by Commissioner Fletcher that the Administrator be authorized to notify the RhAr;ff immediately of this condition, and that the item be discussed at the next Parks & Recreation Committee Meeting. Commissioner Bird interjected that the County should enforce whatever rules and regulations are presently in force. 0 The Motion died for lack of a second. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board go on record that it recognizes that Summerplace has a problem, and that it plans to find a solution which will give relief to the park situation at Summerplace. Discussion ensued regarding adopting different sets of rules for different parks. Attorney Brandenburg felt the Board could certainly establish different closing hours for different parks. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. i PUBLIC HEARING - ADOPTION OF VARIOUS BUILDING CODES The hour of 10:00 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: VERO BEACH PRESS -JOURNAL '�DcX,) ._ --'-yc,L Published Weekly dCT J Vero Beach, Indian River County, Florida p�j c°q0a�"'; I r to M% Cp ' COUNTY OF INDIAN RIVER: ��/° STATE OF FLORIDA tt Before the undersigned authority personally appeared J. J. Schumann, Jr. says that he is Business Manager of the Vero Beach Press -Journal, a weekly newspaper p el at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being a� in the matter of �' 0AM_ SLC/' to the c� G Court, was pub- lished in said newspaper in the issues of Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, weekly and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River County, Florida for a period of one year next preceeding the first publication of the attached copy of adver- tisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this adver- tisement for publication in the said newspaper. Sworn to and subscribed befo a me (SEAL) NOV 3 1982 s— day of�r%2 A.D. Manager) (Clerk of the Circuit CoV, Indian River County, Florida) 43 i NOTICE OF INTENT TO CONSIDER COUNTY ORDINANCE AMENDING' PORTIONS . - w "t ,OF THE BUILDING CODE The Board of County Commissioners -oej Indian`. River County will conduct a public hearing on November 3, 1982, at 10 a.m. in the Commission Chambers at the County Ad ministration Building, 1840 25th Street, Vero Beach, Florida to' consider adoption of an ordinance entitled AN ORDINANCEp OF THE I' BOARD OF s COUNTY COMMISSIONERS. OF INDIAN RIVER COUNTY, FLORIDA, AMENDING I ORDINANCE NO.' 81-13 ADOPTING THE STANDARD BUILDING CODE, 1982 EDITION; AMENDING ORDINANCE NO. at 12 AND ADOPTING THE FLORIDA MODEL ENERGY CODE FOR BUILDING CON- STRUCTION, 1982 EDITION; AMENDING ORDINANCE, NO. 80-17 AND ADOPTING THE NATIONAL ELECTRICAL CODE, 1981 EDITION; AMENDING ORDINANCE NO. 80- 14 AND ADOPTING THE STANDARD GAS CODE, 1982 EDITION; AMENDING OR- DINANCE .NO. -80-16 AND ADOPTING THE STANDARD PLUMBING CODE, 1982 EDITION; AMENDING ORDINANCE No. so. 15 AND ADOPTING THE STANDARD MECHANICAL CODE, '1982 EDITION; AMENDING ORDINANCE NO. 76-4 AND ADOPTING THE STANDARD HOUSING CODE, 1982 EDITION; PROVIDING FOR INCLUSION IN THE CODE, SEVERABILITY AND EFFECTIVE DATE. If any person decides to appeal any decision made on the above matter, he -she will need a record of the proceedings, and for such pur- wses, he -she may need to insure that a ver- 3atim record of the proceedings is made, which record includes the testimony in widence on which the appeal is bated. )Ct. 15, 1982. - 51 0,84-7 N O V 3 1982 51 Ester Rymer, Building Director of the City of Vero Beach, approached the Board and discussed the various occupations of the people on the Building Board. She added that she would like to see that Board expanded to a 7 member board, as it was difficult to get a quorum at times. Commissioner Lyons commented that he would like the Board to consider having a member of the swimming pool industry on the Building Board. The Chairman asked if there was anyone present who wished to be heard. There were none. ON MOTION by Commission Lyons, SECONDED by Commissioner Bird, the Board unanimously agreed to close the public hearing. Commissioner Fletcher inquired about the energy efficiency code regarding residences. He asked if every room in the house had to be heated and cooled to a certain temperature. Mrs. Rymer explained that this was mentioned in the Standard Housing Code, and the house had to be wired in order to provide for heating in every room. She pointed out it did not mean you had to use heat in all the rooms, but it was much easier to do this during construction than to do it later. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, that the Board adopt Ordinance 82-26 concerning the Standard Building Code, 1982 Edition, adopting various Codes, and authorize the signature of the Chairman. Brief discussion ensued. 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. INDIAN RIVER COUNTY ORDINANCE NO.82- 26 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 81-13 ADOPTING THE STANDARD BUILDING CODE, 1982 EDITION; AMENDING ORDINANCE NO. 81-12 AND ADOPTING THE FLORIDA MODEL ENERGY CODE FOR BUILDING CONSTRUCTION, 1982 EDITION; AMENDING ORDINANCE NO. 80-17 AND ADOPTING THE NATIONAL ELECTRICAL CODE, 1981'EDITION; AMENDING ORDINANCE NO. 80-14 AND ADOPTING THE STANDARD GAS CODE, 1982 EDITION; AMENDING ORDINANCE NO. 80-16 AND ADOPTING THE STANDARD PLUMBING CODE, 1982 EDITION; AMENDING ORDINANCE NO. 80-15 AND ADOPTING THE STANDARD MECHANICAL CODE, 1982 EDITION; AMENDING ORDINANCE NO. 76-4 AND ADOPTING THE STANDARD HOUSING CODE, 1982 EDITION; PROVIDING FOR INCLUSION IN THE CODE, SEVERABILITY AND EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that; C1±(TTl1AT l STANDARD BUILDING CODE. Indian River County Ordinance No. 81-13 and Section 4-31 of the Indian River County Code of Laws and Ordinances is hereby modified to read as follows; The Standard Building Code, 1982 Edition as published by the Southern Building Code Congress is hereby adopted by reference as the Indian River County, Florida Building Code with the modifi- cations as hereinafter set forth. ENERGY EFFICIENCY BUILDING CODE. Indian River County Ordinance No. 81-12 and Section 4-38 of the Code of Laws and Ordinances of Indian River County is hereby amended to read; The Indian River County Commission hereby adopts the Florida Model Energy Code for Building Construction published by the Governor's Energy Office for the Department of Community Affairs, Bureau of Code Standards, dated September, 1982, a copy of which is attached hereto and made a part of this Ordinance by reference and which is on file in the office of the Clerk to the Board of County Commissioners. SECTION 3 THE ELECTRICAL CODE. Indian River County Ordinance No. 80-17 Section 14 Electrical Code (4) and Section 4-44 of the Code of Laws and Ordinances of Indian River County is hereby amended to read as follows; K � -1- NOV 3 1982 �;. 849 ' ?r NOV 3 1982K 5 Section 4. Indian River County hereby adopts the National Electrical Code published by the National Fire Protection Agency, 1981 Edition, attached hereto and incorporated herein by reference, as the Electrical Code for Indian River County, subject to the limitations, exceptions and modifications set forth herein. SECTION 4 THE GAS CODE. Indian River County Ordinance No. 80-14 and Section 4-81, Standard Gas Code, of the Code of Laws and Ordinances of Indian River County is hereby amended to read; The Standard Gas Code, 1982 Edition, as printed by the Southern Building Code Congress attached hereto and incorporated herein by reference is hereby adopted as the Gas Code of Indian River County, Florida with such modifications as hereinafter set forth. SECTION 5 THE PLUMBING CODE. Indian River County Ordinance No. 80-16 and Section 4-91 of the Code of Laws and Ordinances of Indian River County is hereby amended to read; The Standard Plumbing Code, 1982 Edition, as printed by the Southern Building Code Congress, is hereby adopted by refer- ence as the Indian River County, Florida Plumbing Code with such modifications as hereinafter set forth. MECHANICAL CODE. Indian River County Ordinance No. 80-15 and Section 4-101 of the Code of Laws and Ordinances of Indian River County is hereby amended to read as follows; The Standard Mechanical Code, 1982 Edition., as printed f by the Southern Building Code Congress, is hereby adopted by reference as the Mechanical Code of Indian River County, Florida with such modifications as hereinafter set forth. e Wnm-rn%1f 17 HOUSING CODE. Indian River County Ordinance No. 76-4 and Section 4-106 of the Code of Laws and Ordinances of Indian River County is herby amended to read as follows; The Southern Standard Housing Code, 1982 Edition, is -2- hereby adopted by Indian River County as the Housing Code for Indian River County, Florida with such modifications as may be set forth by the Board of County Commissioners by ordinance. SECTION 8 INCORPORATION IN CODE. The provisions of this Ordinance shall be incorporated into 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 intentions. SEVERABILITY. If any section, part of a sentence, paragraph, phrase oz word of this Ordinance is for any reason held to be unconstitutional inoperative or void, such holdings shall not affect the remaining portions of this Ordinance and it shall be construed to have been the legislative intent to pass the ordinance without such unconstitutional, invalid or inoperative part. SECTION 10 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 3rd day of November , 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY By Z G DO C. SC LOCK, JR. Chairman Acknowledgment byt e Department of State of the State of Florida this 9!A day of , 1982. Effective Date: Acknowledgment f'roin the eP artment of State received on this /5 � day of r1l, , 1982, at •©D A.M./"P-.?4.. and filed in the Office " A c_ •f the Clerk of the Board of County Commissioners of Indian River county, Florida. APPROVED, --950 TO RM Ar LEGAL IC NCY. /' By A(RY�2 BRAND NBURG, nLy ALLorney -3 - � x 51 F; , : 851 N 0 V 3 1982 600K N ®V 3 �19 Z ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously agreed to authorize the Attorney to take the appropriate steps to add to. the Building Board Ordinance the need for additional representatives; one from the swimming pool industry, and a member -at -large. ADDITIONAL COUNTY JUDGE - RESOLUTION 82-116 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 82-116 requesting the Supreme Court to certify the need for an additional County Court Judge. • - e RESOLUTION NO. 82-116 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, REQUESTING THE SUPREME COURT OF THE STATE OF FLORIDA TO CERTIFY THE NEED FOR AN ADDITIONAL COUNTY COURT JUDGE FOR INDIAN RIVER COUNTY FURTHER REQUESTING THE INDIAN RIVER COUNTY LEGISLATIVE DELEGATION AND THE LEGISLATURE OF THE STATE OF FLORIDA TO ESTABLISH THE POSITION. ° WHEREAS, Indian River County has experienced the tremen- dous growth prevalent along the Treasure Coast of Florida during the last ten years, and "WHEREAS, despite the increase in population and atten- dant increase in case load in the County Court system, Indian River County has only been allocated one County Court Judge, and - WHEREAS, the case load handled by the Indian River County Court is nearly double that handled by other County Courts in areas of comparable population as shown in the statistics set forth in Exhibit A to this resolution, and WHEREAS, the neighboring counties of Martin and St. Lucie both presently have two County Court Judgeships, and WHEREAS, the Indian River County Bar Association endorses the need and requests the establishment of another County Court Judgeship, and WHEREAS, the current County Court Judge has informed the Chief Judge of the Circuit that the time has come to share the growing case load with another judge, and WHEREAS, after careful review of this topic, the Board of County Commissioners of Indian River County believes that a second County Court Judgeship is necessary in Indian River County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that; 1. The Supreme Court of the State of Florida is requested to review the status of Indian River County and certify the need for an additional County Court Judgeship, and 2. The legislative delegation of Indian River County is urged to support a second County Court Judgeship in Indian River County, and 51 F. U:7 853 NOV 3 1982 NOV 3 1982 fox 51 3. The legislature of the State of Florida is respect- fully urged to support an additional judgeship for our County. 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 3rd day of November , 1982. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By DON C. SC Chairman Attest: �FREDA WRIGHT, Cle -APPROVED TO FORM AND Z;7Z4 By GW bV. BRANDENBURG 96,AntAttorney _ � 2 � � s PROJECTED 1982 COUNTY COURT FILINGS PER JUDGE PROJECTED 1982 COUNTY COURT DISPOSITIONS PER JUDGE County 4/1/81 No. of No. of Filings No. of Disp. County Population Co. Judges Per Judge 'Per Judge Santa Rosa 1,462 Santa Rosa 57,205 1 12,288 11,480 Citrus 59,240 1 14,652 9,118 Charlotte 61,566 1 13,274 11,186 Indian River 63,100 1 23,104 19,744 Monroe 64,168 3 7,840 7,592 Martin 67,569 2 10,832 10,330 Clay 69,745 1 9,332 8,706 PROJECTED 1982 COUNTY COURT DISPOSITIONS PER JUDGE County Criminal Civil Traffic Total Santa Rosa 1,462 (13%) 654 (6%) 9,364 (81%) 11,480 Citrus 1,518 (17%) 2,340 (26%) 5,260 (57%) 9,118 Charlotte 718 (6%) 864 (8%) 9,604 (86%) 11,186 Indian River 1,736 (9%) 1,344 (7%) 16,664 (84%) 19,744 Monroe 1,980 (26%) 286 (4%) 5,326 (70%) 7,593 Martin 1,113 (11%) 986 (9%) 8,231 (80%) 10,330 Clay 1,766 (20%) 542 (6%) 6,398 (74%) 8,706 NOV 3 ��� a�oK 51 F�,UE 855 OV 3 1382 51 TREASURE COAST UTILITIES - DISCUSSION The Board reviewed the following letter to Attorney Brandenburg: FRANK J. M[CALE* NORMAN IV. MEAD WILLIAMS, MICALE & WELLS THE CENTER. SUITE 104 3405 N. W. FEDERAL. HIGHWAY JENSEN BEACH, FLORIDA 33457 (305)692-0150 ONE MONY PLAZA 100 MADISON STREET SYRACUSE. NEW YORK 13202 (315) 474-7211 October 26, 198.2 Gary Brandenburg, Esquire County Attorney for Indian River County 1840 25th Street Vero Beach, Florida 32960 Re: "Louis P. Aiello, Receiver, Treasure Coast Utilities, Inc. Dear Mr. Brandenburg: ., HENRY TASKER' of counsel °A1m.1d-lod f* sm• incl &» �bU';Lr • J ,kz � OC 11982 r � s On August 16., 1982, Judge Sharp'specifically ordered Indian River County to pay to.Louis P.,. Aiello the sum of Six Thousand Eight Hundred Sixty One.($.6,861) Dollar, plus interest.at 12 percent (120) on the amount due. " It is our position that the Court's Order is a valid order against the County, inasmuch as Indian River County appeared and participated, without objection, during the proceedings. s. The fact that a Writ of Execution may not be taken against the County does not, however, preclude us,from obtaining a Writ of Mandamus specifically ordering the County to pay over the amount due. Please bring this matter before the Board of Commissioners and inform them that, unless we are in receipt of the money due within two weeks we shall be compelled to move for Mandamus against the County. In the event that we are forced to obtain this Writ, our demands shall include a plea for costs and fees incurred. Please let us hear from you concerniag.this matter so that we can avoid this procedure. NWI.1/cg A CC: Louis P. Aiello Very truly yours, WILLIAMS, MICALE & WELLS By Norman W. Mead, Esquire Attorney Brandenburg suggested that the County file an action for a declaratory relief to prove that the Court Order has jurisdiction. Brief discussion followed along those lines. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously authorized the Attorney to file an action for Declaratory Relief regarding the payment to Louis P. Aiello, and file a Complaint for damages against Mr. Salter. 982 BiIK 51 �',�c SN NOV 3 53 N 0 V 3 1982 TRAFFIC SIGN PROPOSAL - REV. EDWARD TAYLOR X51 F,z The Board reviewed the following memorandum dated October 25, 1982 from Traffic Engineer Orr: 'TO: The Honorable Members of DATE: October 25, 1982 FILE: the Board of County Commissioners THRU: Michael Wright, County Administrator SUBJECT: Rev. Edward Taylor - Traffic Sign Proposal FROM: Michael L. Orr,10 REFERENCES: Traffic Engineer . In response to a request from Reverend Taylor to present a traffic sign proposal to the Board of -County Commissioners, the following information and background is provided. DESCRIPTION AND CONDITIONS Reverend Taylor met with City Engineer, Cliff Suthard, and Traffic Engineer, Michael Orr, on May 25, 1982 to view and discuss the proposed speed limit sign. ;Basically, the new sign design uses black "bars°' at either- the top or bottom of of a standard speed..limit sign to serve as an advance indi- cation of an increase or decrease in the speed limit at the next posted speed limit sign. Savings in money and lives are claimed by Rev. Taylor. Staff discussed the proposed sign with Rev. Taylor stating that facts to support his claims are absent and savings in money and lives are doubtful. Staff advised Rev. Taylor that current personnel levels would not allow time to adequately test the proposed sign and that a letter would need to be sent to either the Vero Beach City Council or the Indian River County Board of County Commissioners to obtain authorization to experiment. The Florida Department of Transportation (FDOT) and the Federal Highway Administration (FHWA) were contacted personally by Rev. Taylor regarding the proposed sign. Both orgahizations refered any testing to be done to either the City of Vero Beach or Indian River County. As identified by the FDOT in the attached letter, a number of problems with the proposed sign are present: 1) Considerable quired. The able to mean 2) The proposed speed limit amount of public education would be re - proposed "bar" symbol is not recogniz- aiything per se. - "bar" can not be inserted onto a standard sign. Graphic redesign would be necessary. � � r ALTERNATIVES AND ANALYSIS 1. Deny Reverend Taylor's request to experiment. 2. Accept Reverend Taylor's request to experiment with the proposed speed limit sign. Authorization to experiment by the Board will involve the following activities: 1. Obtain official information on procedures required to experiment from the Federal Highway Administration and National Committee on Uniform Traffic Control Devices (NCUTCD). 2. Submit a detailed application to the FHWA and NCUTCD for authorization to begin experimentation. 3. Design a new sign as per Rev. Taylor's idea. 4. Install a series of experimental signs for a specified period of time and monitor anticipated benefits (i.e. reduction in fatalities, gasoline consumption, traffic citations, traffic flow, cost in sign maintenance). 5. Costs for this experiment is estimated as follows: Traffic Engineer: 100 hours (application, reporting, sign design, benefit monitoring) Sign Technician: 40 hours (sign fabrication) Sign Crewman: 20 hours (sign installation and maintenanc_Q) Materials: $1000.00 (custom aluminum; facing material) RECOMMENDATION Alternative # 1 is for traffic control priority projects, upgrading needs. recommended due to a device maintenance, and critical signing shortage of personnel assignment of high and pavement marking U� 1982 55 600K 51 PA, ��� 1982 BOOK 5 Rev. Edward Taylor approached the Board and discussed his idea in greater detail. He advised that he had already been to Tallahassee and to Washington and was told to come back to the County to have his idea tested. Jim Davis, Public Works Director, pointed out that this would require obtaining approval from the Department of Highways to experiment with traffic signs. He also felt it would require considerable staff time for this experimental process. Commissioner Lyons interjected that unless there would be a rather great educational program, no one would know what the black bars meant. Rev. Taylor commented that he would give the County $3,000 to test this as he thought it would save a great many lives. Chairman Scurlock asked Commissioner Fletcher if his Transportation Committee would care to entertain discussion on this item. Commissioner Fletcher responded negatively. Commissioner Lyons felt it would take a lot more than $3,000 in order to get this tested and get it adopted. However, he felt it was a good idea. The Administrator felt Rev. Taylor's idea was an admirable one but felt the County was not big enough for the testing to be done here - he felt it should be done on a federal level. A brief discussion ensued. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Fletcher, that the Board accept staff's recommendation, and request that Mr. Davis correspond with the Federal Highway Administration, with the understanding that onlya minimum amount of time be spent on this matter. 56 Rev. Taylor inquired if he personally could go around and place the tape on the existing signs. The Chairman responded negatively. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unanimously agreed to indicate to the State Department of Transportation that the County would like them to consider the possibility of an experiment for Rev. Taylor's idea. PUBLIC HEARING - MARSH ISLAND FRANCHISE APPLICATION The hour of 11:00 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication, to -wit: NOV 3 1982 57 wK 51 O 3 1982 VER® BEACH PRESS -JOURNAL Published Daily Vero Beach, Indian River Cou COUNTY OF INDIAN RIVER: STATE OF FLORIDA Before the undersigned authority personally appeared JXjPchu says that he is Business Manager of the Vero Beach Press-JournaI at Vero Beach in Indian River County, Florida; that the attached VC. � a ��cr / in the matter of_��,1/�.i" in the lished in said newspaper in the issues of p Court, was pub- OC E= 22 4{G vo A N PTP pit— C w+. o a is gia e.aa toM 'C VEo-Cm r,a iea`a� p a ,gLmov �$C 1~�r ZWE,ai'o3'a$'CC, Waor -RaoE" 41 a '.;Nvairu3'�I�ia i•�' � m�Em�.aoEs« L >> a.a v Affiant further says that the said Vero Beach Press -Journal is a newspaper published at A/ I E e.i a +. z A been continuouslyVero Beach, ,in id Indian River County, Florida, and that the said newspaper has heretofore //. v o 3�p� . ?a 0 Ea- ev s published in said Indian River County, Florida, each daily and has been ,� entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun p B �, ` e ty, Florida, for a period of one year next preceding the first publication of the attached copy of o v e vo a t E advertisement; and affiant further says that he has neither paid nor promised any person, firm l.: 'R' d Es mc 4"0 a or corporation any discount, rebate, commission or refund for the purpose of securing this: 0''1 'o x > advertisement for publication in the said newspaper. ` a v `-' i « -.,.C. r.0 L a9 / 4eo�cai��`ot Sworn to and subscri d be re me is day of ,� A.D. 19 z e = > a a, I he- -.La, u9i Manager) ° I t;' 3 «$, i o C (SEAL) (Clerk of the Circuit Court, IndianVver County, Florida) The Board discussed the following memorandum dated October 25, 1982: TO: Honorable Indian River Board of County Commissioners THROUGH: Michael Wright County Administrator Terrance G. Pinto Utilities Director FROM: George Liner DESCRIPTION & CONDITIONS: DATE: October 25, 1982 FILE: SUBJECT: Water and Sewer Franchise Application for Marsh Island REFERENCES: Marsh Island is a property in mid Indian River with access from the east end of the Wabasso Bridge. An application had been received and distri- buted to staff for review and comment September 17, 1982. Comments have been reviewed with the developer and are being incorporated into the franchise requirements. The resolution is of the approved format and has provisions for: Payment of the franchise application fee. Inspectiun fee of $20 per unit. Impact escrow account. Maintenance escrow account. Review and approval by county of plans before construction. As -built drawings, engineer, D.E.R., and County approval of utilities installation before connections are permitted. Three percent franchise tax to be paid to County. The utilities will provide for development that borders an environmentally sensitive area. Reliability and back-up (fail-safe) provisions are emphasized in the design. The subdivision provides for 109 units for condominimum residence and a clubhouse with water and sewer volumes to be about 40,000 gallons per day. Approval of the franchise does not at this time constitute approval of the engineering plans for the utility systems. They are still under review, and franchise approval is a prerequisite to design approval. ALTERNATIVES & ANALYSIS: Marsh Island is one of the current franchise applications. They have met all known county requirements for applying for a franchise under regulations of Indian River County. A request was made to provide utilities to a future Audobon Society's Educational Center. This provision is being made a part of the franchise's ability. The alternative to approving the franchise would be to reject the application. RECOMMENDATION & FUNDING: Staff recommends approval of the water and sewer franchised utility system as applied for. With application paid for, and provision for the escrowed accounts, there should not be any financial load to Indian River County. L_ NOV 3 1982 59 in 51 Fh.-UE 863 NO V 3 1982 864 ,g Utilities Director Pinto reviewed the proposed resolution, and various items were discussed by the Board. Chairman Scurlock stated that he supported the franchise application as submitted but wanted to make sure that the rate structure was sufficient. Lengthy discussion followed about the rates, and about Exhibit A, which was the legal description. Darrell McQueen, engineer, approached the Board and explained that the total cost of this plant would be borne by the developer - $30,000 would be put into escrow. He then discussed the plant design, which was quite sophisticated, furnished with alarms and controls. Mr. McQueen explained the type of testing they would conduct on wells that are existing on the site. The Chairman posed the question as to whether there would be adequate capacity within the water treatment plant to possibly offer service to Orchid Island. Mr. McQueen felt the possibilities were there but there were ramifications to be considered. He pointed out that under the State requirements, once you serve 350 people or more, another well would be needed to bring additional people on line. The Chairman asked if there was anyone present who wished to be heard. Mr. Smith, resident of Vero Beach, asked what kind of provisions would be made for sewerage if they went into the second phase. Mr. McQueen responded that it would be the same as the Johns Island plant - they anticipated a lot of absentee owners. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the'Board unanimously agreed to close the public hearing. . Commissioner Fletcher felt the quality of the water on the south side of Marsh Island would be degraded if this would be allowed now; it would be compounding the mistake. MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Lyons, that the Board adopt Resolution 82-117 approving the Water and Sewer i Franchise Application for Marsh Island, including Exhibit A as explained by the Attorney, and authorize the signature of the Chairman. Discussion followed along those lines. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried with a vote of 4 to 1, Commissioner Fletcher voting in opposition. NOV 3 1982 61 51 ,;F 896 RESOLUTION NO.82-117 BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: c LmnmTnw7 T This Resolution shall be known and may be cited as the "Marsh Island Utilities, Inc. Water and Sewerage System Franchise." SECTION II For the purpose of this Resolution, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words using the present tense include the future, words in the plural number include the singular and vice versa. The word "shall" is always mandatory. (a) "County" is Indian River County, a political subdivision of the State of Florida. (b) "County Engineer" may be "County Administrator" or "Utilities Director". (c) "Corporation" is the Grantee of rights under this franchise, to wit: Marsh Island Utilities, Inc., a Florida corporation. (d) "Board" is the Board of County Commissioners of the County. (e) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (f) "Territory" means the area located in Indian River County, Florida outside the corporate limits of any municipality as the same is more particularly defined and described herein. (g) "Water System" shall mean and include any real estate, attachments, fixtures, impounded water, water mains, services, valves, meters, plant, wells, pipes, tanks, hydrants, Pumps, reservoirs, systems, facility or other property, real or personal, used or useful or having the present capacity for future use in connection with the collection, obtaining, treatment, supplying and distribution of water to the public for human consumption, fire protection, irrigation, consumption by residential, business or industry, operation of sewage diposal plants and, without limiting the generality of the foregoing, shall embrace all necessary appurtenances and equipment and shall include all property, rights, easements, licenses and franchises relating to any such system and deemed necessary or convenient for the operation thereof. (h) "Sewerage System" shall mean and include any plant, system, facility or property used or useful or having the present capacity for the future use in connection with the collection, treatment, purification or disposal of sewage effluent and residue for the public and without limiting the generality of the foregoing definition shall embrace treatment plants, pumping stations, intercepting sewers, pressure lines, mains, laterals and all necessary appurtenances and equipment and shall include all property rights, easements, and franchises relating to any such system and deemed necessary or convenient for the operation thereof. (i) "Service" means supplying to a user the distribution of water and collection of sewage and the treatment of both. (j) "Hookup and/or Connection" is the connecting of potential user's property to the water and/or sewerage system in order to utilize the'Corporation's services. SECTION III There is hereby granted by the County to the Corporation the non-exclusive franchise, right and privilege to erect, construct, operate and maintain a water system and sewerage system within the described territory as herein provided and for these purposes to sell and distribute treated water and to charge for collection and disposal of sewage within the territory, and for these purposes to establish the necessary facilities and equipment and to lay and maintain the necessary -2- NOV 2- NOV 3 1982 ft 51 F H 8 R7 51 �. 'J 8 lines, pipes, mains and other appurtenances necessary therefor in, along, under and across the public alleys, streets, roads, highway and other public places of the County; provided, however, that the County reserves the right to permit the use of such public places for and all other lawful purposes and subject always to the paramount right of the public in and to such public places. The Corporation shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution provide, provided however, such regulations shall not be inconsistent with the terms hereof. The Corporation shall supply the County with copies of its Department of Environmental Regulation monthly operation reports and trouble reports, if any. The right is hereby reserved to the County to adopt, in addition to the provisions herein contained and existing applicable resolutions or laws, such additional regulations as it shall find necessary in the exercise of the police power and lawful authority vested in said County, provided that such regulations shall be reasonable and not conflict with the rights herein granted and not in conflict with the laws.of the State of Florida. The County shall have the right, but not the duty, to inspect all construction or installation work performed. SECTION IV The territory in which this franchise shall be applicable is all that part of Indian River County, Florida, located within the following described boundary lines, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF CTinmrnTT c7. It is expressly understood and agreed by and between the -3- �J Corporation and the County that the Corporation shall save the County and members of the Board harmless from any loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligence, or intentional wanton, willful and reckless acts on the part of the Corporation in the construction, operation or maintenance of the water and sewerage systems under the terms of this franchise. The parties agree that in the construction of this section, the claim of any person resulting from negligence on the part of the Corporation may be prosecuted directly by such person against the Corporation. The County shall notify the Corporation promptly after presentation of any claim or demand. SECTION VI The Corporation shall maintain and operate its water -and sewage plants and systems and render efficient service in accordance with the rules and regulations as are, or may be set forth by the Board from time to time, which shall include but not be limited to "Construction Specifications for Water Distribution and Sewage Collection Facilities" promulgated by Indian River County Utilities Department, July, 1980 or as amended. The County shall require the Corporation to comply with the above standards. Prior'to the issuance of a construction permit, the Corporation's project engineer shall certify to the County that the standards as set forth in said "Construction Specifications" of Indian River County Utilities Department, July, 1980, or as;amended, will be met by completion of the project as shown on the plans submitted. The Corporation shall cause said certification to be submitted to the County along with the Florida Department of Environmental Regulation applications and plans, for County review. Submission to the County for review may occur simultaneously with submission of said documents to the Florida Department of Environmental Regulation. Upon approval by the County of the plants and systems, a permit shall be issued to the Corporation for the construction thereof. -4- 60 51 P,Adc899 NOV 3 192 J NO V 3 082. ao0K 51 Upon the completion of all construction of the water and waste water treatment plants and distribution and collection systems, the project engineer for the Corporation shall certify, under seal, that the systems have been constructed substantially in accordance with the plans and specifications previously approved. The certification shall include submission to the County of two sets of "as -built" drawings, consisting of one set of reproducible vellums and one set of regular blueline prints; and that the systems meet all of the standards required by the County, including pressure and leakage tests and chlorination and bacteriological tests for the water distribution system. Upon receipt of certification from the engineer, the County will issue a letter acknowledging the construction of the water and sewerage systems. No service is to be provided to customers until such time as the County issues a letter of acknowledgment. The issuance of said letter shall not be unreasonably withheld. Corporation shall grant necessary easements to County without charge to connect the water and/or sewerage systems to County's Master Water and/or Sewerage Systems and such easements as are necessary to provide access to the sewer systems and water systems. The Corporation shall pay a $1,000.00 franchise application fee at the time of the submission of the franchise resolution. SECTION VII All of the facilities of the Corporation shall be constructed in accordance with the plans and specificiations approved by the Department of Environmental Regulation of the State of Florida and the quantity and quality of potable -5- water delivered and sold and the manner of collection and disposal of sewage shall at all times be and remain not inferi-or to the quality standards for public water supply and public sewage collection and other rules, regulations and standards now or hereafter adopted by the Department of Environmental Regulation of the State of Florida, or other governmental body having jurisdiction. The Corporation shall maintain sufficient water pressure and mains of sufficient size with fire hydrants and other faciities necessary in the water distribution system to furnish fire protection at any and all areas within the territory'serviced by the Corporation. Said fire flow standards shall be a minimum of 550 gallons per minute for four (4) hours for residential units of 2 or less floors and 1,100 gallons per minute for commercial and residential units of 3 or more floors. The Corporation shall also supply all water to consumers through meters which shall accurately measure the amount of water supplied. The Corporation shall at any time, when requested by a consumer, make a test of the accuracy of any meter; prior, however, to any test being made by the Corporation, the sum of Twenty -Five Dollars($25.00) shall be deposited with the Corporation by the party requesting such test. Such sum shall be returned if the test shows the meter to be inaccurate in its delivery. If the meter is inaccurate the meter will be repaired or changed, and should the meter reading calibrate too high, a billing adjustment will be made for no more that the past six month's actual readings. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs or installations, the Corporation shall do so at such times as will cause the least amount of inconvenience to its consumers and, unless such repairs are unforeseen and immediately necessary, it shall give not less than five (5) days' notice thereof to its consumers for non -emergencies. L_ NOV 3 1982 PIZ 690K SECTION VIII (a) The Corporation shall have the authority to promulgate such rules, regulations, terms and conditions covering the conduct of its business as shall be reasonably necessary to enable the Corporation to exercise its rights and perform its obligations under this franchise and to issue an uninterrupted service to each and all of its consumers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the provisions hereof or with the laws of the State of Florida and all of the same shall be subject to the approval of the Board. (b) At all times herein where discretionary power is left with the Board of County Commissioners, before discretionary action is taken by the Board of County Commissioners, the Corporation can request said Board that a group of arbitrators be appointed and such group shall consist of: 1. County Engineer 2. Corporation Engineer 3. One person selected by the above two persons and this Board of Arbitrators shall make recommendations to the Board of County Commissioners, but such recommendations are not mandatory. Any Arbitration shall be in accordance with the Florida Arbitration Code. Any final decision the Board may have with respect to this franchise can be appealed by the Corporation by Writ of Certiorari to the Circuit Court of Indian River County. SECTION IX All.water pipes, mains, hydrants, valves, blowoffs and sewer mains and manholes and other fixtures laid or placed by the Corporation for the water and sewerage systems shall be so located in the dedicated easements in the County after approval by County Engineer so as not to obstruct or interfere with other uses made of such public places already installed. The Corporation shall, whenever practicable, avoid interferring with -7- the use of any street, alley or other -highway where the paving or surface of the same would be disturbed. In case of any disturbance of County owned pavement, sidewalk, driveway or other surfacing, the Corporation shall, at its own cost and expense and in a manner approved by the County Engineer, replace and restore all such surface so disturbed in as good condition as before said work was commenced and shall maintin the restoration in an approved condition for a period of one (1) year. In the event that any time the County shall lawfully elect to alter or change the grade of or relocate or widen or otherwise change any such County owned right-of-way, the Corporation shall, upon reasonable notice by the County, remove, relay and relocate its fixtures at the Corporation's expense. The Corporation shall not locate any of its facilities or do any construction which would create any obstructions or conditions which are or may become dangerous to the traveling public. In the event any such public place under or upon which the Corporation shall have located its faciities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or license of the Corporation thereto; provided, however, in the event of this termination of easement, the party requesting such termination shall pay to the Corporation, in advance, its cost of removal and relocation of the removed facilities in order to continue its service as theretofore existing, or the County shall retain an easement not less than ten (10) feet in width for the benefit of the Corporation and its facilities. SECTION X The Corporation shall provide service within the franchise territory on a nondiscriminatory basis as if it were regulated under Florida Statute Chapte 367 (1980), except to the extent that said provisions are in conflict with the provisions of this Franchise. N 0 V 3 1982 BOOK 51 AQUE 873 r N 0 V 3 982 BOOK 5.-Uti SECTION XI (a) Subject to the provisions of Section XI (b) the Corporation shall furnish, supply, install and make available to any and all persons within the territory making demand therefor, its public water system and its public sewerage system, and shall provide such demanding person with its services and facilities; provided, however, that the Board may, upon application of the Corporation, extend time for providing such service to such demanding person. In the event the Corporation fails to provide its services and facilities either as a water system or sewerage system or both to any area within the territory within the time specified by the Board, then in such event the County may, by resolution of the Board, limit, restrict and confine the territory to that area then being serviced by water and/or sewerage by the Corporation or such greater area as the Board shall determine; and thereafter, the territory shall be only the area set forth, in the resolution by the Board. (b) The Corporation shall not be required to furnish, supply, install and make available its public water and/or sewerage systems to any person within the franchise area unless the same may be done at such a cost to the Corporation as shall make the addition proposed financially feasible. Financially feasible shall mean that a fair and reasonable rate to be charged by the Corporation for all its services under this franchise; that such rate of return on the net valuation of its property devoted thereto under efficient and economical management. The burden of showing that a prospective service to the area is not financially feasible shall be the burden of the Corporation. SECTION XII The Corporation or its shareholders shall not sell or transfer its plants or systems or corporate stock to another or transfer any rights under this franchise to another without the approval of the Board. No such sale or transfer after such ME approval shall be effective until the vendee, assignee or lessee has filed with the Board an instrument in writing reciting the fact of such transfer and accepting the terms of this franchise and agreeing to perform all of the conditions thereof. In any event, this franchise shall not.be transferable and assignable until notice or request for transfer and assignment shall be given by the Corporation to the Board in writing accompanied by a requst from the proposed transferee, which application shall contain information concerning the financial status and other qualifications of the proposed transferee and such other information as the Board shall require. A public hearing shall be held on such request, of which notice shall be given by publication in a newspaper regularly published in the County at least one time not more than one month or less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. The Board shall act within ninety (90) days upon such request. The consent by the Board to any assignment of this franchise shall not be unreasonably withheld. Any sale or transfer by the Corporation or Shareholders of the Corporation taking place contrary to the terms and conditions of this paragraph shall be null and void. SECTION XIII Corporation warrants adequate capacity to service existing or anticipated customers and agrees not to provide water and/or sewerage service unless adequate capacity is available at the time any new connection is made. SECTION XIV The rates charged by the Corporation for its service hereunder shall at all times be compensatory and shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair rate of return on the fair valuation of all its properties devoted thereto under efficient and -10- N O V 3 1992 ��x 51 FAH 8'75 . NOV 3 1992 51 F,;U876 economical management. The Corporation agrees that the County has the authority to enter into this franchise agreement and the regulation of the Corporation. Corporation agrees that it shall be subject to all authority now or hereafter possessed by the County or any other regulatory body having competent jurisdiction to fix just, reasonable and compensatory rates. When this franchise takes effect, the Corporation shall have authority to charge and collect but not to exceed the schedule of rates, as contained in Exhibit "B" attached hereto, which shall remain effective until changed or modified as herein provided. Exhibit "B" hereby establishes a base facility rate structure whereby each customer shall pay his pro rata share of the fixed costs of the operation of the utility system keyed to the size of the meter serving his individual property. Additionally, the customer shall pay his pro rata share of the cost of the commodity of service rendered, whether it be water delivered or sewage treated. In setting said rates, County shall be guided by the standards set forth in Florida Statute 367.081 relating to the establishment of rates and charges. In any event, the utility shall always be responsible for justifying its proposed rates and charges by the submission of accounting and engineering data to the Utilities Director. The County shall grant rates to the company which are just, reasonable and compensatory, which allow the utility a rate of return on the fair value of its property, systems and additions thereto. Rates and charges may be amended, upon proper justification, by Corporation. Other provisions of this ordinance deal with the mechanisms of the setting of rates and charges. The Corporation shall have the right to include the value of its property dedicated to providing utility service in the establishment of utility rates. The rates to be charged can reflect a reasonable rate of return on a rate base that is inclusive of these items. CONNECTION CHARGES/Capacity Demand Fee: -11- MM charges fo- ter service is $2,550.0 Equivalent Residential Connection (ERC) and $3,100.00 per ERC for sewer service. For the purposes of this rate schedule, one Equivalent Residential Connection is equal to 350 gallons per day of water consumption or wastewater to be treated. One condominium unit is equal to 250/350 of an ERC or .7143 of an ERC. The basis for the above charges as set forth herein has been structured by Corporation with regard to two major but variable factors; first, the present level of construction costs of water transmission, and waste water collection and water and waste water treatment plant facilities; second, the theory of treatment facilities and their degree of treatment sophistication as prescribed by the Department of Environmental Regulation or body having jurisdiction over the matter. Without the County approval, connection charges set forth herein shall be escalated based upon increases in utility construction costs as evidenced by the quarterly construction index published in Engineering News Record Magazine, "Construction Cost Index, 20 Cities." Corporation shall adjust the connection charges set forth herein semi-annually, with the first such adjustment to be not earlier than January 1, 1983. Any escalation shall not exceed the percentage difference between said construction cost index for the base period ending September 30, 1981, as compared with the period of comparison. Escrow charges and fees as contained in Section XV below shall be included in the respective connection charges listed above and incorporated therein. The Corporation hereby agrees to pay to the County a franchise fee in the amount of 3% of the Corporation's annual gross receipts, derived from monthly service charges to defray the cost of regulation and for use of county rights-of-way and public places. The Corporation shall pay the 3% franchise fee quarterly. Said fee shall be shown as a separate additional charge on utility bills. -12- NOV 3 1982 51 PNCE 877 The Corporation shall supply the County with a copy of the Corporation's Annual Report and financial statements. Also, a letter from a CPA certifying that the 3% franchise fee and the 2 1/2% renewal and replacement account has been collected and disbursed in accordance with the terms of this Agreement. SECTION XV ESCROW CHARGES: Corporation agrees to pay a fee in the amount of the currently imposed contribution in aid of construction for each unit at the time of the issuance of a certificate of occupancy, for that unit as a contribution in aid of construction charge (for future connection to County water distribution and sewage collection mains) as provided for in Ordinance 80-21, Section 3, Part B. Corporation further agrees to pay the sum of $285.60 per ERC for water plant capacity charge and $285.60 per ERC for sewer plant capacity charge, as each unit is completed as the future plant capacity charges as provided for in Ordinance 80-22, Section 1 or according to the Ordinances in effect at the time of construction. The County will establish separate interest bearing passbook or certificate of deposit accounts for the water system and the sewage system and will deposit all escrow charges paid for any and all connections in this franchise. The fees referenced in this section are subject to the escalation provisions of Section XIV contained herein, using the County factor established in Ordinance 80-21 and 80-22. The fees referenced in this section shall always be reasonable and the County shall have the obligation to prove the reasonableness of any increase in an amount over that which is provided for by the escalation provisions of Section XIV, in any given year. The parties agree that the accounts shall be in the County's name but subject to the escrow instructions, agreeable to the County and Corporation, delivered to a mutually agreed .upon bank licensed to do business in Indian River County. Throughout the term of this franchise, the Corporation shall be entitled to any and all interest which shall be paid annually on or before September 30th of each year to the Corporation. The Corporation shall be entitled to an accounting of said interest bearing accounts at any time upon request made by it to the County. -13- M Should the County at any time within the ensuing seven (7) years acquire a water distribution and/or sewage collection system and shall furnish water services or sewer services to all customers within the franchise territory, the sums of money remaining in the appropriate account(s) shall become the absolute property of the County -and the Corporation shall have no rights thereto. In such event, the Corporation shall be absolved from the obligation of payment of further connection charges to the County. In the event the above condition is not met by the County within -seven (7) years from the date of this Franchise Agreement, .the County shall have the following .options: (1) Extend this Franchise with all escrowed monies paid to the Corporation and further escrows discontinued; or (2) The County shall have the right to purchase the Corporation's water and sewer plants at Corporation's original construction costs plus costs associated with capital additions and expansions to the systems less 3 1/2 % depreciation per year. In conjunction with the water and sewer plants' purchase, the County shall purchase necessary land areas upon which the plants are located at the then fair market value of the real estate. Upon acquisition of the sewer plant, water plant and appurtenant real estate, County would then own the entire water system and sewer system and would terminate this franchise and provide water and sewer utility service to the franchise territory. All accumulated escrow fees would vest in County. As regards the purchase of the necessary land areas upon which the plants are located, County shall first tender its offer to the Corporation. In the event the Corporation finds the offer inadequate, County and Corporation shall each select an appraiser to advise the respective parties as to the value of said land areas. In the event, after appraisal, County and corporation are still unable to agree, said appraisors shall select a third appraiser to arbitrate the matter. The matter shall then be resolved in accordance with the Florida Arbitration Code. The decision reached in the arbitration process shall be final and binding on the respective parties. (3) In the event that the above conditon (2) is not exercised by the County within seven (7) years from the date of this Franchise Agreement, any sums of money remaining in the -14- Nov 3 1982 . 51 P, �c 879 r NO V 3 1982 BOOK 51 r::.iu, 8s o escrow account shall become the absolute property of the Corporation and County shall allow the Corporation to continue operations in accordance with this Franchise Agreement. (4) The County shall have the following option to purchase the utility system after the end of the said seven years period. The County shall purchase according to the same formula in this sub -paragraph (2) above except that the County shall be entitled to a credit against the net purchase price payable by the County to the Corporation for the utility in the amount of the total escrow charges that would have been available to the County, pursuant to the provisions of sub -paragraph (2) stated directly above, together with a credit for any fees which would have accrued pursuant to said section after the seventh year, should the seven year period referenced therein not have lapsed. The Corporation agrees to grant to County any easements necessary to connect the franchise's water and/or sewerage system to the County's water and/or sewerage systems without charge. (5) In the event of an acquisition by the County, or the utilization of County's own plants, the County shall receive the water distribution and sewage collection system free of cost and in good repair, wear and tear excepted. SECTION XVI Two and one-half (2 1/2%) percent of the gross receipts of the Corporation derived and collected from monthly service charges shall be placed in interest bearing renewal and replacement.accounts for purposes of renewal and/or maintenance of the capital assets of the water and sewerage systems of the Corporation. In addition, the Corporation shall fund each such account with Two Thousand Dollars ($2,000.00) which will also be reserved for capital maintenance items. Interest accruals in said accounts shall be payable to the Corporation annually. Said funds shall be used as sinking fund and applied only for repairs and/or replacement of the water and sewerage systems by the Corporation as the need -arises; the amounts of the renewal and replacement accounts may be revisted on an annual basis in order to maintain satisfactory account balances; subject to the mutual 5 r fm Wnt of the parties heretwounty is granted the righwo make necessary repairs using said funds in the event of default on the part of Corporation in maintaining the quality standards established herein. In the event County exercises its rights under (2) or (4) above, the fund(s) shall vest.in County. In the event that the County purchases the Corporation's utility system pursuant to the provisions of this Franchise as stated above, then any funds in said renewal and replacement account shall vest in the County. SECTION XVII The Corporation shall at all times maintain public liability and property damage insurance in such amounts as set forth in Exhibit "C" attached hereto and incorporated herein by reference. The Corporation shall cause County to be duly notified by the Insuror in the event of any modifications or deletions of the insurance as set f&-kth in said Exhibit "C". Said amounts shall be adjusted by the Corporation, as shall be required from time to time by the Board in accordance with good business practices as determined by safe business standards as established by the Board for the protection of the County and the general public and for any liability which may result from any action of the Corporation. SECTION XVIII If any written complaint is filed with the Board by any persons serviced by the Corporation under this Franchise, the Board shall first determine whether reasonable cause exists with respect to said complaint. If the Board finds that reasonable cause does exist, the Board shall so notify the Corporation and request the Corporation to satisfy,or remedy such complaint. If the Corporation fails, within a reasonable time, to satisfy or remedy such complaint or objection, the Board may review same according the the provisions hereof. If the Board enters its order pursuant to such hearing and the Corporation feels it is aggrieved by such order, the Corporation may seek review of the Board's action by petition for Writ of Certiorari filed in the Circuit Court of the County; otherwise the Corporation shall promptly comply with the order of the Board. -16- 51 F,46E 881 Nnv 1982 NOV3 1982 s . 51 SECTION XIX Should the Corporation desire to establish rates and Charges or should the Corporation desire to increase any charges 'heretofore established and approved by the Board, then the Corporation shall notify the Board in writing, setting forth the schedule of rates and charges which it proposes. A public i hearing shall then be held on such request, of which notice shall be given by publication in a newspaper regularly published in said County at least one time, not more than one month or less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board, Said hearing may thereafter be continued for a reasonable time as determined by the Board. If the Board enters an order pursuant to such hearing and the Corporation feels aggrieved by such order the Corporation may seek review of the Board's action by filing a petition for Writ of Certiorari in the Circuit Court of the County. The Board shall act on the rate request within ninety (90) days. SECTON XX Prior to the Corporation placing any of its facilities in any of the public places as herein authorized, the Corporation shall make application to and obtain any required permits from the County authorizing said construction in the same manner as permits are authorized in the County for the use of -the public roads as shall now or hereafter be established by regu,.ations of the County. The County shall have the right when r special circumstances exist to determine the time during which such construction shall be done. SECTION XXI If the Corporation fails or refuses to timely and faithfully keep, perform and abide by each and all of the terms and conditions of this franchise, then the Board shall give the Corporation written notice of such deficiencies or defaults and a reasonable time within which the Corporation shall remedy the -17- 0 W r same, which notice shall specify the deficiency or default. If the Corporation fails to remedy such deficiency or default within a reasonable time, the Board -may thereafter schedule a . hearing concerning the same with reasonable notice thereof to the Corporation, and after such hearing at which all interested parties shall be heard, the Board may levy liquidated damages or Fifty Dollars ($50.00) per day that said deficiency or default exists from the date of said hearing held by the Board; and the Board may further limit or restrict this franchise or franchise territory or may terminate and cancel the same in whole or in part if proper reasons thereby can be found by the Board. If the Board enters an order pursuant to such hearing and the Corporation feels aggrieved by any such order, the Corporation may seek review of the Board's action by filing a petition.for Writ of Certiorari, in the Circuit Court of the County. SECTION XXI I Nothing in this franchise shall prevent landowners from exercising their vested rights or priviledges as set forth and contained in any license issued to any utility heretofore granted by the Board pursuant to Section 125.43, Florida Statutes. SECTION XXIII It is specifically agreed by and between the parties hereto that this franchise shall be considered a Franchise Agreement between Corporation and County and as such a contractual instrument recognized under the Statutes and Laws of the State of Florida. This Franchise Agreement is not intended to create rights or actions running in favor of third parties, except as herein specifically provided. SECTION XXTV Provisions herein to the contrary notwithstanding, the Corporation shall not be liable for the non-performance or delay NOV 3 1982 nox 51 893 0 u 3 1982 aeoK 5884 )b: in performance of any of its obligations undertaken pursuant to - the terms of this franchise where said failure or delay is due to causes beyond the Corporation's control, including, without limitation, causes such as, "Acts of God", unavoidable casualties, labor disputes, etc. SECTION XXV The franchise area is intended to be developed as a condominium development with a condominium association organized pursuant to Chapter 718 , Florida Statutes. Anything herein to the contrary notwithstanding, the Board agrees that the Corporation may assign this franchise to such association at any time after its formation, subject to such association agreeing to the terms and conditions hereof. SECTION XXVI If any word, section, clause or part of this resolution is held invalid, such portion shall be deemed a separate and independent part and the same shall not invalidate the remainder. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida has caused this franchise to be executed in the name of the County of Indian River by the Chairman of the Board of County Commissioners and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the 3rd day of e Noy-embpr 1982. Signed, sealed and delivered in the presence of: i 1153,MM, COUNTY OF INDIAN RIVER, FLORIDA N�� C., Don d/�' ogc lo k J h n �io sBoaruNy CM si ATTEST:���,�.e{ Freda Wright, -Clerk ;ormand ;egi , i1,1 i. A., tom. J Im ra. 4 LEGA- SCRIPTION OF MARSH ISLAND 1981 SURVEY OF APPROXIMATE MEAN HIGH WATER LINE . A parcel of land on Wabasso Island being a part of Government Lot 4, Section 27, Township 31 South, Range 39 East, lying Northerly and adjacent to State Road No. 510,'in Indian River County, Florida, being more particularly described as follows: Commence at the Northeast corner of Section 27, Township 31 South, Range 39 East, in Indian River County, Florida; thence, West along the North line of said Section 27, 823.34 feet; thence, S 520 51' W, 1850 feet; thence, N 290 58' W, 105.22 feet; thence, S 510 52' 39" W, 74.62 feet, -.thence, N 130 36' 31" W, 32.97 feet to the Point of Begin- ning, said point lying on the North Right-of-way line of State Road No. 510 as recorded in Official Record Book No. 229, page 221 of the Public Records of Indian River County, Florida; thence, S 510 52' 39"W, along said Right-of-way, 259.16 feet; thence, S 440 22' 29" W, along said Right-of-way, 122.22 feet; thence, S 440 22 29" W, along said Right-of-way, 321.13 feet; thence, S 560 20' 09" W, along said Right- of-way, 426.00 feet; thence, N 170 11' 51" E, 197.88 feet; thence, N 070 11' 48" W, 116.12 feet; thence, N 000 27' 26" N, 125.70 feet; thence, N 140 46' 40" W, 108.61 feet; thence, N 390 36'21" W, 100.05 feet; thence, N 440 00' 17" W, 100.60 feet; thence, N 440 53' 31" W, 100.78 feet; thence,•N 370 26' 47" W, 100.00 feet; thence, N 18019'57"W, 106.03 feet; thence, N 210 57' 14" W, 103.92 feet; thence., N 17059'30"W, 106.26 feet; thence, N 020 11' 46" E, 130.44 feet; thence, N 20028'09"W, 104.73.feet; thence, N 520 30' 04" W, 103.41 feet; thence, N 33030'25"E,- 255.19 feet; thence, N 520 15' E, 100 feet; thence, N 430 09' 35" E, 50.64 feet; thence, N 460 32' 22" E, 50.25 feet; thence, N 60013'11"E, 50.49 feet; thence, S 750 49' 03" E, 111.78 feet; thence, S 80002'00"E, 135.17 feet; thence, S 560 45' 32" E, 105.77 feet; thence, S 46057'47"E, 101.31 feet; thence, S 030 07' 58" E, 121.51 feet; thence, S 47034'54"E, 101.49 feet; thence, S 340.33' 43" E, 100.16 feet; thence, S 41021138"E, 100.20 feet; thence; S 300 05' 43" E, 100.90 feet; thence, S 54024'45"E, 104.38 feet; thence, S 690 48' 47" E, 118 feet; thence, S 31038'33"E, 100.51 feet; thence, S 710 34' 20" E, 120.37 feet; thence, S 16016'47"W, 188.40 feet; thence, S 460 40' 00" E, 44 feet; thence, S 200 43' 33" E, 28.62 feet; thence, S 510 52' 39" I.1, 10.74 feet to the Point of Beginninc containing 27.941 Acres, more or -less. Said land lying wholly in Section 27, Township 31 South, Range 39 East, Indian River County, Florida. w PREPARED BY LLOYD & ASSOCIATES, INC. N 0 V 3 1982 89UK 51 Fn,E 885 r 1- V 3 1982 EXHIBIT "A" (continued) The following area is included within the franchise for the purpose of domestic water service of up to 500 gallons per day of potable water. Being a parcel of land located on an island in the Indian River on the South side of Wabasso Road in Section 27, Township 31 South, Range 39 East, Indian River County, Florida, the boundary of which is more particularly described by metes and bounds as follows: From the Northeast corner of aforesaid Section,27, Township 31 South, Range 39 East, run North 8803454" West,.a distance of 683 feet; thence run South 47°53'56" West, a distance of 595 feet to a point near the East end of the East Wabasso Bridge; thence run South 51°47156" West near the centerline of aforesaid bridge, a distance of 1482.52 feet to a point near the West end of the aforesaid bridge; said point being the point of beginning. From the point of beginning, run South 54°38125" East on a line offshore of the aforesaid island, a distance of 982.38 feet; thence run South 21°47' East, a distance of 575.04 feet; thence run South 38°13' West, a distance of 725.8 feet to a concrete monument on the shore of aforesaid island; thence continue South 38013' West, a distance of 101.55 feet to a point in the Indian River; thence run South 59°48'47" West, a distance of 683.54 feet to a point in the Indian River; thence run North 33007'54" West, a distance of — 1695.41 feet to a point on the West Wabasso Bridge; thence following near the centerline of the Wabasso Road, run'North 56003106" East, a distance of 880 feet to a point where the Wabasso Road intersects with the Pine Island access road; thence run North_60°17121" East, a distance of 208.02 feet; thence run North 51°47156" East, a distance of 132.48 feet to the Point of Beginning.- All the above less right of ways for Wabasso Road and Pine Island Access road. Containing 51 'acres, more or less. Meter -Size 5/8" 1„ 1 1/2 ON EXHIBIT B WATER AND SEWER RATE SCHEDULE FOR MARSH ISLAND UTILITIES, INC. WATER AND SEWER M Base Facility Charge $ 34.85 87.13 174.25 Gallonage Charge - $2.22 per thousand (1000) gallons for all water consumed during the month. V 3 1982 � rx 51 Pi1,E 887 NVI- 3 1982 EXHIBIT "C" 51,.,E 8: 8 Indian River County shall be named as an additional insured on a policy with a reputable insurance company with a minimum of the following limits, General Liability; $1,000,000 Comprehensive each occurrence Premises --operations Products/operation hazards $1,000,000 Independent Contractors aggregate Personal injury Automobile $1,000,000 Bodily injury and property damage Excess liability $1,000,000 Personal injury and property damage :?w •—�'..'ahsr�m:�.J. _+._. .-:K.c. s: �.� ���.,. ._e..x..-re,owY-'�-.-,i#•:?.'_�•�:*..�'x_'i�'�.r NAMi AND kDnr ROLLINS BURDICK HUNTER OF FLA. , INC. ; COMPANIES AFFORDING COVERAGES {' P.O. Drawer 39299 - - — — Ft.Lauderdale, FL 33339"' I � I i �' �: FIREMANS FUND INSURANCE Co. �- ;L. FLORIDA COMMUNITIES OF BROWARD.& FLORIDA COMMUNITIES HUTCHINSON ISLAND,., -- -- - ------ "- ZAREMBA FLORIDA CO. & SENTINENTAL COMM.i tJ= 915 Middle River Drive --- —__--- -- -- -------- Pt -Lauderdale, FL 33304 r - - X A X" 215 LA 323 63 29 10/13/83 'r. (�'� I�I TitC('T IA _ INS 'rvrr I PR i, g I` F ff ,D�,f PF�rEF„ 11000 i 1, 000 S` FPENrENI C0NTP!CC.r0 00,w. ALIT nV'.JEPEE Lit', -7tX,o.4.' _ A 215 LA 323 63 29 '10/13/83 X3C, r 4 -- I 1.000 _ EucEss Lrtt�-- X13/83 J �r: 015 XLB 150 04 21R .10/ 1 Y nY AI` g A ISI r N LM1A P,FCEL: 3i ! : .i 1 000 ce / !b -TORI' LF:S' CONIPENSA T ION Efl�T'L�Y�F,.' LPAEtt�:Tw � 41 77 .st`to- Y_:..._ s • .. ...e.i:, ..f DESCRIPTION OF�Fch..,IOh.,:��C,� IOr,.ltCHCEES +�F T •- MARSH ISLAND.UTILITIES,INC. ADDITIONAL INSURED AND ADDING _ INDIAN RIVER COUNTY AS THEIR INTERESTS MAY APPEAR AS ADDITIONAL INSURED. Cancellation: Should any of the above described policies be cancelled hefore the expiration date thereof, the issuing com pany will endeavor to rTiaii 1.0— days written notion to the below named certificate holder, but tailure to mail such notice shall impose no obligation or liability of any Kind upon the company. ADDITIONAL INSURED: ;NAME AND ADDRESS OF CERTIFICATE HOLDER INDIAN RIVER COUNTY ATIMA DATE ISSUED: _, p A11WRIZEL' REPHESEN7A Brian A. Gibbs faux 51 NOV 3 1982 NOV 3 1982 FORMALDEHYDE SYMPOSIUM REPORT Attorney Brandenburg reviewed the following memorandum with the Board: -TO: Board of County Commissioners of Indian River County FROM: Gary M. Brandenburg County Attorney DATE: October 27, 1982 FILE: SUBJECT: Formaldehyde Symposium REFERENCES: I recently attended the annual Formaldehyde Symposium organized by the Professional Consultants in Occupational Health, Inc. held in Washington, D. C. on October 22nd through October 23rd. Gathered at the symposium were approximately 350 individuals who, because of their background, have some expertise in formaldehyde issues. - Included in the participants were medical doctors, scientists, researchers, technicians, executives of industry involved in formaldehyde research and lawyers who have had experience handling formaldehyde related matters. These experts were representative of all parts of the United States and portions of Europe. This symposium was excellent and certainly worthwhile. I received a wealth of material that is comprehensive on formaldehyde related issues and met with and discussed Indian River County's situation with several of the leading experts in attendance. I also accumu- lated sources for further information on the issues and names of individuals who could serve as expert witnesses for Indian River County should we ever become involved in litigation on this issue. All materials I have accumulated are available for review at your leisure in my office. However, I would like to point out some of the pertinent information and particular articles that I believe relate to the situation in the Courthouse. As you will see, much of the information is medically or scientifically oriented and I do not pretend to have any expertise in these areas; however, I can report the opinions and conclusions of those individuals in atten- dance at the symposium that are experts, Formaldehyde is a normal metabolite found in the human body at low concentrations and is'essential to some'biochemical'processes in the body, namely the decomposition of peroxides by catalase. An important aspect of the chemical in relation to the human body is that the liver breaks the chemical down very quickly and disposes of the substance. It is eliminated from the blood in about one to two minutes. This is important because there is no bioaccumulation in the body whatsoever. Formaldehyde has long been determined to be an irritant at higher concentrations. When the substance is placed directly on the skin during a patch test, it will create a positive response in almost all individuals.(i.e. contact dermititus). Consequently, a Positive response in a patch test is not by -itself indicative of any hypersensitivity to the chemical. Furthermore, in many instances formalin not formaldehyde is used to conduct such patch tests. Formalin contains other chemicals to which a person may react in addition to the formaldehyde. It was the opinion of the participants in the symposium that there is no medical scientific evidence documenting hypersensitivity to formaldehyde. Experi- _ mental attempts to characterize toxicity- to formz=.ldehyde indicate that the threshold recognition of formaldehyde in a pure air chamber ranges from .1 PPM to 1 PPM. Depending on the individual, subjective sensations in the pharynx, lungs and eyes occur between 2 PPM and 3 PPM and the material is irritable to most people depending on duration of exposure and sensory adaption at 4 PPM. It was the opinion of the symposium panel that the vast majority of individuals are not affected or aware of the chemical's presence at .5 PPM or less. It is generally recognized that some individuals have a lower threshold sensory level than others and that some may be allergic to formaldehyde. There is no evidence, however, that formaldehyde creates hypersensitivity or that it is more of an allergen than other substances such as dust, mold, ragweed, pollen, cigarette ,smoke, etc.. In a separate discussion with two doctors present at the symposium it was brought to my attention that a puff of cigarette smoke con- tains approximately 30 parts per million formaldehyde. This .level of formaldehyde is 20 times the maximum formaldehyde reading ever recorded at the Courthouse (highest reading occurring in records vault in May of 1981 at 1.14 PPM). It was these doctors' opinion that it would be near impossible for a heavy smoker to establish that the levels measured to be present at the Courthouse created a formaldehyde sensitivity. There have only been four experimental studies done on humans in regards to formaldehyde effects that are published in the western world medical periodicals. These include a study done by Schick et al. in 1966, a study by Webber-TSCHOPP in 1977 and Anderson in 1978. None of these studies produced any evidence that formaldehyde gas by itself in concentrations less than 3 PPM produced significant toxic or irritant effects on humans of any age (please see the attached materials). I have attached to this memorandum a chart showing comparative levels of indoor air contaminants which gives a good perspective to the relationship between formaldehyde in the air and other normal indoor air contaminants. I have also attached for your review a study entitled "Health Effects of Formaldehyde Exposure" by W. C. Barnes, Jr., M.D., Ph. D., Senior Physician -Occupational Medicine Monsanto Co., as well as a list of 15 principles important in the analysis of a formaldehyde controversy. Throughout the panel discussions there was a recurring theme which has been witnessed throughout the United SLates and.has been dubbed "Formaldemania". That is a certain malady or symptom will appear, then either the family doctor or another source will suggest that the problem sounds similar to symptoms that may be caused by formaldehyde.and suggests that tests occur. The test results ire the identification of a low level of formaldehyde and everyone immediately associates the problem as being conclusively caused by the formaldehyde even though there may -be hundreds of other potential causes of the problem which have not been eliminated. All in all the symposium was very informative, and I would recommend that each of you evaluate the information I have attached as well as the other information available in our offices and reach your own conclusions. GMB/mg cc: Honorable Honorable NOV 3 1982 Graham W. Stikelether Charles E. Smith 64 Respectfully submitted, 4 �B ry M. Brandenbur 11 /✓ oubty Attorn wx- 51 rx,E. 8 91 NOV 3 six 51 1 24 The material pertaining to the Formaldehyde Symposium attended by Attorney Brandenburg is on file in the Office of the Clerk. Attorney Brandenburg then asked the Board to read the response to Attorney Eriksen's letter dated October 27, 1982 that he had prepared for the Board's approval, as follows: BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 November 2, 1982 Michael D. Eriksen, Esq. Cone, Wagner, Nugent, Johnson, Hazouri & Roth 507 North Olive Avenue P. 0. Box 3466 West Palm Beach, Florida 33402 Re: Judge Stikelether Dear Mr. Eriksen: GARY M.BRANDENBURG County Attorney (305) 567-8000 This letter is written in response to your correspondence of October 27, 1982, to this office. You are correct in concluding that an investigation of the Courthouse situation is continuing. As you recall, your office filed a Notice of Claim against Indian River County on behalf of Judge Stiklether and Georgene Edwards. It is, of course, the County's responsibility to investigate all claims that are presented; and the claims filed on behalf of your clients will continue to be treated in the same manner that all similar claims against the County are treated. I would remind you that it was the urging of your clients that initially prompted investigation of alleged health problems at the Courthouse. Our investigation of the alleged problems continue to bd seriously hampered because of our inability to review all medical records and reports available in reference to your clients. Our repeated requests to review such records have been unsuccessful to date. In my estimation the conclusion reached by Dr. Feldman when he appeared before the County Commission is inadequate to serve as •� base upon which to evaluate your clients' claims. When the claims were originally presented to the County Commission, it was unanimously agreed that insufficient information had been presented to make an intelligent evaluation. Consequently, the Commission.requested additional information including the medical reports. The claims today remain in the same status as originally presented. Neither the County nor any of its employees to my knowledge have made any attempts whatsoever to experiment by exposing your clients to anything, thereafter to gauge their r-osponsPs. I do not know how this "suggestion" came about but to the best of my knowledge it is unfounded. The County is continuing to monitor formaldehyde levels.at the Courthouse; and during the last set of tests, two 3M Formaldehyde Monitors were also placed in the Welfare Building where your clients presently work. Copies of the results are enclosed for your review. Please note that an analysis of the monitors indicate that the same level of formaldehyde is present in the front of the Welfare Building as is present in Courtroom C (that is .01 parts per million) and indicate a level in the rear of the Welfare Building (i.e. Judge's office) that is six times the level found in Courtroom C. The County intends to continue the formaldehyde monitoring process. During a recent formaldehyde symposium held in Washington, D.C., it was brought to my attention that a puff of cigarette smoke contains 30 parts per million formaldehyde. This is 20 times the highest level of formaldehyde ever recorded in the Courthouse. I have enclosed a copy of my report to the County Commission regarding the formaldehyde symposium for your review at your leisure. The County continues to investigate the situation at the County Courthouse and will continue to cooperate with you and your clients to the extent that our positions are not jeopardized. Since eL ' 141 ry . Brandenburg ou ty Attorney r BOK 51 PA -t 893 NOV 3 1992 66 r NOV 3 1982 Analytical Service Occupational Health and Safety Products Divlslon/3M 220-613M Center Sl Paul. Mnviesola 55144 T e l e c' l o n e: 800'328.1300 3M Diffusional Monitor Analysis Report FM 2312, A PWO INDIAN RIVER COUNTY 1840 25TH STREET VERO BEACH FL 32960 ATTN: LYNN WILLIAMS 90ox 51 N;IJE894 RECEIVE D. OCT 2 9'-M2 R.Wn Number Monitor Code amsempung - a ong Time 30A-292-82 No W MCNty. 7 Ana�/!i! Pdem+ed 7 Amlym Pafommd 10/20/1982 -repa,ed By 10/20/1982 Prepmed By L. WANDERS User Identification Monitor Code amsempung - a ong Time Weight Concentration Compounds(s) Micrograms m PPM 7 Amlym Pafommd 10/20/1982 Prepmed By Monitw VAULT AP -3616 - :3/1982 1440 MIN. Cods Compounds(s) Micrograms mg -PPM FORMALDEHYDE 1.63 .02 .01 CT ROOM "C" AP -3689 :3/1982 1411 MIN. "RMALDEHYDE 1.49 O1 F-RMALDEHYDE 111982 1445 MIN. 1.69 .02 .01 WELFARE FRONT AP -4068 -.:3/1982 1445 MIN FORMALDEHYDE 1.38 .01 .01 CT HOUSE 222 AP -3644 _ ;311982 1490 MIN 70RY.ALDEHYDE 1.45 01 .01 800 AP -3819 _3/1982 1595 MIN FORMALDEHYDE 2.15 .02 .02 Analytical Service Occupational Health and Safety Products Division/3M 230-B A Center St. Paul. Minnesota 55144 Telephone: 800/328-1300 3M Diffusional Monitor Analysis Report F" 23121•A-PWO I14DIAN RIVER COUNTY 1840 25TH STREET VERO BEACH FL 32960 Repwi Number 30B-292-82 NB d Nmn,m 7 Amlym Pafommd 10/20/1982 Prepmed By Monitw youngTlmpling ate me L. W.AND ERS ATTN: LYNN WILLIAMS / User Monitw youngTlmpling ate me ht Wel 9 Concentretlon Identlfleallan Cods Compounds(s) Micrograms mg -PPM m, COMM.CHAMBERS AP -3932 :!1992 1405 MIN. "RMALDEHYDE 1.49 O1 WELFARE REAR AP -3703 111982 1445 MIN. .02 ORMALDEHYDE 6.47 .07 .06 omments AL J. CONE WARD WAGNEP, JR. CHARLES A. NUGENT, JR. ROBERT R.JOHNSON FRED A. HAZOURI DAVID ROTH ROBERT C. RO55 JOHN F. ROMANO EDWARD M. RICCI LAWRENCE M. KUKEY BARBARA J. PARIENTE LOUIS MARC SILBER MICHAEL A. NUGENT MELINDA PENNEY GAMOT RICHARD A. KURFER MICHAEL D.ERIKSEN A. CLARK CONE October 27, -'N OFFICES CONE, WAGNER, NT7(.L1:-. ,JOHNSON,IL1zo1_ rZr R RU•rn 1 1982 PROFEQS=-)NAL ASSOC]ATTON 507 NZ=TH OLIVE AVENUE POS- =='fICE BOX 3466 WEST PAL(! ._EAG, 1, FLORIDA 33402 TELEP-_•,E (305) 655-8100 ISLE: MCOWN Gary Brandenburg, Esquire Indian River County Attorney Vero Beach, FL 32960 Re: Judge Stikelether Dear Mr. Brandenburg: It has come to my attention tint there may be tigation of my client going on at the present suggested to me that this "investigation" may to expose my clients to certa--: types of toxic thereafter to gauge their reaction to same by them or other means. FLAGLER CENTER OFFICE SOI SOUTH FLAGLER DRIVE,SUITE 202 WEST PALM BEACH. FLORIDA 33402 TELEPHONE 1305) 655 8100 9[ some type of inves- time. It has been include some effort substances and either photographing You have, or should have by this time in your possession a letter from Dr. Feldman which indicaes beyond any doubt that these par- ticular clients are definitely- sensative to certain substances and that the condition they have is a very serious condition. In light of that, I would view anv effort to intentionally expose them to certain types of substances to gauge their reaction to same, as an intentional effort to wreak injury upon them. Such being the case, as you know, the person= responsible would be individually liable for punitive damages, i^ that I am sure that the County has not authorized them to carry c_t such actions. Hence, their individual and separate liabi__ty. I would certainly appreciate fz if you would give me a call upon your receipt of this letter tc assure me that my concerns, as expressed herein, are unfounded. If there is any substance to them, however, I am equally s: -=e that you will take immediate steps to have these persons cease and desist. Sincerely, MICHAEL D. ERIKSEN 1. MDE/j lr cc: Judge Graham Stikelether Ward Wagner, Jr., Esquire Nov 3 1982 68 seox 51 PAVE 895 Noir 1, rs 9[ some type of inves- time. It has been include some effort substances and either photographing You have, or should have by this time in your possession a letter from Dr. Feldman which indicaes beyond any doubt that these par- ticular clients are definitely- sensative to certain substances and that the condition they have is a very serious condition. In light of that, I would view anv effort to intentionally expose them to certain types of substances to gauge their reaction to same, as an intentional effort to wreak injury upon them. Such being the case, as you know, the person= responsible would be individually liable for punitive damages, i^ that I am sure that the County has not authorized them to carry c_t such actions. Hence, their individual and separate liabi__ty. I would certainly appreciate fz if you would give me a call upon your receipt of this letter tc assure me that my concerns, as expressed herein, are unfounded. If there is any substance to them, however, I am equally s: -=e that you will take immediate steps to have these persons cease and desist. Sincerely, MICHAEL D. ERIKSEN 1. MDE/j lr cc: Judge Graham Stikelether Ward Wagner, Jr., Esquire Nov 3 1982 68 seox 51 PAVE 895 NOV 3 136Z 51 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unanimously authorized the Attorney to send the proposed letter to Michael Eriksen, as presented to the Board. The Chairman asked the Board members if they wanted to reconsider the action taken at the last Commission meeting regarding the additional funds that were authorized to be allocated for rent for Judge Stikelether. He mentioned the various objections he had received from the State Attorney and the Public Defender, as well as the Concerned Citizens group. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously agreed to add the emergency item to the agenda, to reconsider the action taken at the last Commission meeting on the matter of Judge Stikelether's quarters. The Chairman stated that since the last meeting, upon reflecting on the decision that was made, as well as receiving input from the State Attorney, Public Defender, various attorneys, and the Concerned Citizens group, he felt the Board ought to reconsider their decision. He added that he was in favor of asking the Judge to go back to the facility which the Board was providing for him as it was adequate. Also, the Chairman felt the Board could make a reasonable amount of expenditure available to accommodate the orderly transfer, and move the court back in the facility for which it was intended. Commissioner Lyons thought that the information that Attorney Brandenburg had received from the symposium had helped him to understand the formaldehyde problem. On the basis of new knowledge, he now thought -that the County's liability was greatly reduced. On that basis, Commissioner Lyons planned to vote on a motion to ask that the Judge return and that they cut off funding for the outside places shortly. Commissioner Fletcher advised that he had been in communication with the Judge since the last meeting and the Judge had indicated to him a willingness to cooperate with the County regarding space. He commented that the Judge had stopped smoking as of about 10 or 15 days ago. Commissioner Fletcher noted that many people have expressed to him'that the Board had bent over backwards trying to make a space for an excellent judge. He thought that now the Judge`haa to make the choice, examine what his problem was doing to the other participants of the system, and he would also support a motion for the Judge to go back to the original courtroom and do so within the next 30 days. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, that the Board would not fund outside courtroom space for Judge Stikelether reasonably close to December 1, 1982, depending upon the problems of creating the transfer. The Chairman interjected that this would give a little bit of flexibility as notices for hearings may have already been scheduled. Commissioner Wodtke inquired what costs were involved for Judge Stikelether's office space in the Welfare Building. The Board determined that the costs involved were for the electricity and janitorial service. L_ NOV 3 1982 70 Commissioner Wodtke suggested there be an option that if the Judge decided he really needed to maintain his office in the Welfare Building, he be permitted to do so, while his courtroom would be at the Courthouse. He felt this would partially solve his problem and allow a transitional- type of a move. Chairman Scurlock felt the Motion was broad ' enough as it cuts off the funds to rent additional court space, and the Board would expect him to hold court in the facility it had provided. The Chairman continued that if the Judge wanted to keep his office at the Welfare Building and then conduct court in the Courthouse, he would have that flexibility. Commissioner Bird stated that he would go along with the Motion. His only problem was that the Welfare Building was rather a deplorable place, since the Judge does conduct hearings and other judicial business in his office over and above what he does in the courtroom. Commissioner Bird did not think the office really met the standards he hoped the Board would set for its judicial system in the County - but, all of this would have to be taken one step at a time. Commissioner Lyons asked Freda Wright, Clerk of the Court, how much of an additional problem it would be if the Judge would maintain his office in the Welfare Building and the court in the Courthouse. Mrs. Wright commented that if the Judge would be having hearings in the Welfare Building, her Deouty Clerks would have to continue to transport cases back and forth to the Judge, which was an added expense. Commissioner Lyons did not think the transporting back and forth of cases ought to be done. Discussion was held regarding the recording facilities and there had been.a complaint about the availability of the recordings. The party complaining suggested that a better reporting facility be made available and have the Clerk be the custodian of the records, or get a court reporter. Mrs. Wright pointed out that if the Judge held his hearings in the courtroom, there would be a recorder there; it would not have to be transferred from -place to place. Customarily, the recordings are kept with the Clerk, but in this case, they were not. The Chairman commented that presently, the Judge had a cassette recorder which he uses; then he, as custodian, retains those records. Commissioner Lyons AMENDED HIS MOTION to include that all hearings requiring the services of the Clerk be held in the Courthouse. Commissioner Bird SECONDED THE AMENDED MOTION. Mrs. Wright noted that not all of the hearings require the services of the Clerk, but the services of the Clerk were required to transfer the files back and forth. Commissioner Fletcher asked if the Courthouse was ready to receive judicial activity. The Attorney responded that other circuit judges had been using Courtroom C for some time now for hearings. He thought that the recording.instruments would Piave to be put back into place. Commissioner Bird stressed that he, along with the other Board members, was sympathetic to the Judge's problems; they had expended a lot of time and money to try to accommodate those problems. He thought the Board L NOV 3 1982 72 K 51 Pn 4.899 NO V 3 A82 9Q had reached a point where it just could not afford to continue with all the testing and monitoring they had done, which indicated that the court facility was safe - as safe as what the Judge was presently -using. Commissioner Bird felt this additional expense should stop, and the Judge should be asked to return to the court facility. Chairman Scurlock reviewed the Motion as follows: the Judge would return for all court proceedings that require the services of the Clerk,in the remodeled courtroom - the facility which the Board initially intended for his use, with a time certain of December 1, 1982, and that the Judge would have the flexibility to use the Welfare Building for his office, which would not require the services of the Clerk. Attorney Brandenburg thought that the Motion should talk in terms of the only courtroom facilities and equipment that would be provided for the County Court after December 1st would be Courtroom C, as opposed to telling the Judge where to hold_and conduct his business. The Attorney added that the Board's responsibility, under the law, was to provide facilities and not tell the Judge when, how, or under what circumstances to use them. Commissioner Lyons AMENDED HIS MOTION to indicate the only courtroom facility available for Judge Stikelether's.use would be Courtroom C. Commissioner Bird agreed. Administrator Wright inquired if the Board wanted to proceed with any improvementg, such as painting, on the Welfare Building. The Board indicated a negative response. THE CHAIRMAN CALLED FOR THE QUESTION ON THE MOTION, WITH AMENDMENTS. It was voted on and carried unanimously. � � r The Board of County Commissioners recessed at 12:00 Noon and reconvened at 1:45 with Deputy Clerk Virginia Hargreaves taking over from Deputy Clerk Janice Caldwell for the remainder of the meeting. FLORIDA LAND CO'S APPEAL OF RIVERBEND SITE PLAN APPROVAL CONDITION Attorney Brandenburg noted that this is an appeal and it has been properly published. He believed the appellant now wishes to request_adjournment of their appeal to a time certain, and informed the Board that they are working towards a way to settle this dispute. Attorney Brandenburg believed they are heading in the right direction and would like more time to work on this matter. Attorney Henderson, representing Florida Land Co., confirmed that they would like to have a 30 day_extension. Discussion ensued on tabling this item, and Attorney Brandenburg suggested that the Board open the public hearing and then adjourn it. The Chairman opened the public hearing and asked if anyone present wished to be heard. There were none. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously continued the hearing on the appeal of ,Riverbend site plan approval condition to the first meeting in December. i SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION Commissioner Lyons informed the Board that there is still a chance to receive funding on the Community Development Block Grant Program. This will be the third year we have tried. He informed the Board that the application, which is for a one year period according to the new rules, was put together with a minimum in-house effort. NOW 3 74 i9�2 51 P� 991 N O V 3 1982 5.1. P,r sE 932 Commissioner Lyons continued that they did not have a meeting of the Advisory Committe, but simply gave them notice that this was going to come before the Commission and that the plan was in the office of the'Planner. He felt it was worth trying for these funds once again, especially since there was an absolute minimum of effort involved. . MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, to authorize filing the Community Development Block Grant Application for fiscal year 1982-83. Commissioner Fletcher wished to know what it will cost, and Community Development Director Bruce King replied that there are no matching funds at all. He noted that we are required to conduct one public hearing, and felt the floor should be opened to the public today so that any comment can be added in their files. _.*—Commissioner Bird asked if the meeting today has been advertised as -a public hearing, and Mr. King stated that the only requirement was to put a notice in the paper announcing that the Application would be presented at this meeting for consideration. The Chairman asked if anyone present wished to be heard. There were none. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried 4 to 1 with Commissioner Fletcher voting in opposi- tion. 7= DELETION OF MARKET STUDY REQUIREMENT PORTION OF LAND USE ELEMENT OF THE COMPREHENSIVE PLAN The Board reviewed the recommendation of Planning Manager Art Challacombe, as follows: TO: The Honorable Members DATE: October 25, 1982 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE: SUBJECT: DELETION OF MARKET STUDY REQUIREMENT AS PORTION OF THE LAND USE ELEMENT OF fatrick Bruce King, AIC7 THE* COMPREHENSIVE PIAN FROM: Art Challacombe, REFERENCES: Planning Dept...Manager It is recommended that the data herein presented be given formal consideration by the County Commission. DESCRIPTION & CONDITIONS On August 10, 1982, during the summer Comprehensive Plan bearings, Mr. Paul E. Koehler submitted a letter which questioned the need to provide market data as a requirement for establishing commercial and industrial nodes. In the discussion which followed on this particular item, two important facts were established: (1) No standardized criteria had been developed for market study information requirements, (2) Governments' interest in commercial development should not interfere with an individuals' rights under a free market system. The Planning Department, after the completion of the summer hearings, proceeded to develop a market study requirements list. The purpose of this task, in addition to complying with the directive of the Commission and the Comprehensive Plan, was to make a determination as to the appropriateness of the marks -.t study requirement in the Land Use Element. On October 19, 1982, the requirement list -was submitted for - discussion with the Planning and Zoning Commission. In a 4-0 vote the Planning and Zoning Commission voted to re- commend -that the County Commission delete the requirement for market studies from the Comprehensive Plan. ALTERNATIVES & ANALYSIS (A) Disadvantages of a Market Study: In this country, conscious policy for many years has been to organize economic activity by utilizing free-market in- stitution and the incentive of private profit where these are appropriate. Therefore, the policy of Indian River County for economic development should be, as much as possible, to utilize and facilitate free-market forces. � Nov 3 199, 76 K 51 UE �3 r I NO V 3 19811 pox 51--,,w 904 rhe essence of a free market -*.q !-he widespread choice among es alternativfor all participants. . . . .business firms, owners of land and capital, workers, and consumers. This freedom of choice should not be restricted by any level of government except where there is a compelling public reason to do so. Such reasons would include: (1) prevent fraud, (2) enforce contracts, (3) preclude monopoly, (4) damaging the environment; (5) preventing one party from injuring another. Impleme.ntAtion of the market study requirement would not address any of the above stated reasons in the course of a normal rezoning case or land use amendment. Im= plementation would, however, deter developers and land- owners from exercising free choice in selecting from different services, locations and types of communities. The market study requirement would place an additional expense to development and would most likely be a prohibitive expense on owners of small parcels of land. In the ten months that the requirement has been in effect, at least two proposals by small, single parcel owners were deferred due to the market study requirement. (B) Advantages of a Market Study: The principle advantage of implementing the market study requi.rPnLents is_to provide the County Commission with additional information for use in making decisions related to rezoning and land use amendments. This information is especially useful where new nodes are to be established. RECOIWENDATION Staff recommends deletion of the market study requirement a in the Land Use Element. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Fletcher, to delete the market study requirement in the Land Use Element as recommended by staff. Chairman Scurlock stated that he had some reservations about deleting this requirement, but he would vote in favor of it. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. APPOINTMENTS TO HUTCHINSON ISLAND RESOURCE PLANNING AND MANAGEMENT COMMITTEE Recommendation of the Planning Director was reviewed: 'TO: Honorable Members, DATE:October 21, 1982 FILE: Board of County Commissioners SUBJECT: Hutchinson Island Resource Planning and Management Committee FROM: Bruce King, AICP REFERENCES: Director Governor Bob Graham's Letter Community Development Division October 15, 1982 It is requested that the information provided herein be given formal consideration by. the Board of County Commissioners during the regular meeting of November 3, 1982. DESCRIPTION AND CONDITIONS During the past several months the Treasure Coast Regional Planning Council has been actively involved in deliberations concerning the Council's recommendation to the Florida Department of Veteran and Community Affairs for the designation of Hutchinson Island as an Area of Critical State Concern pursuant to Section 380.05, Florida Statutes. In accordance with.FS 380.05(2), one of three types of areas may be designated as an Area of Critical"State Concern: 1) An area containing or having significant impact upon environmental or natural resources of regional or statewide importance and the uncontrolled private or public development of which would cause substantial deterioration of such resources. 2) Area containing or having a significant impact upon historical or archaeological resources, sights, or statutorily defined historical'or archaeological districts and the private or public 'development of which would cause substantial deterioration or complete loss of such resources, sights, or districts. 3) An area having a significant impact on or being significantly impacted by an existing or proposed major public facility or area of major public investment. In 1974, the Division of State Planning evaluated Hutchinson Island as a potential Area of Critical State Concern. During its review, the Division found that local efforts were underway to alleviate the concerns which prompted the study. As a result, the Division of State Planning concluded that Hutchinson Island should not be recommended as an Area of Critical State Concern at that time, but that the situation should be closely monitored to assess the impact of local efforts. If those efforts proved ineffective, consideration was again to be given to the designation of Hutchinson Island as an Area of Critical State Concern. In the view of the Treasure Coast Regional Planning Council, Hutchinson Island qualifies as a critical area because its development will have a significant impact on existing public facilities; particularly the bridges and causeways that connect the island with the mainland and state road AIA which provides access from one end of the island,to. the other. Since 1974, Hutchinson Island has NOV 3 78 1992 Rex 51 � WK 51 PS ,JE 906 developed rapidly. It now has a total of 8700'dwelling units, with another 7800 units under construction or approved but not yet built.. At the Treasure Coast Regional Planning Council's mee-cing of July 16, 1982, the Council voted to request that Hutchinson Island, located in Martin and St. Lucie counties, be designated an Area of Critical State Concern. It is the Council's opinion that Hutchinson Island qualifies for this designation because it is an environmental and natural resource of statewide concern. This importance was recognized in 1978 by the Council when it identified Hutchinson Island as a geographic area of particular concern as part of its coastal zone management program. Much of the discussion regarding this matter has centered upon potential development on Hutchinson Island; particularly in St. Lucie county. At the Council's September meeting, Commissioner Ed Enns, as authorized by the St. Lucie County Board Commissioners, requested the Treasure Coast Regional Planning Council to reconsider its July action to request the State to designate Hutchinson Island as an Area of Critical State Concern. It was explained by Commissioner Enns that the projects of concern to,the Council due to their exemption from the St. Lucie County moratorium were being processed on the advice of their County Attorney to allow the developer to continue to meet with county staff to prepare plans which meet county criteria. Commissioner Enns reassured the Council that the projects have not received the approval of the Board of County Commissioners. The Council was then provided a review of the efforts undertaken by St. Lucie county in planning for growth, and expressed the position that the county's problems would be best solved by local, elected officials. _ During the course of discussion of this item, the Treasure Coast Regional Planning Council staff pointed out that at the time -the -Council initially adopted the Critical Area recommendation the boundary was from the Ft. Pierce Inlet south to the St. Lucie Inlet. However, subsequent to the initial recommendation, State officials have expanded the boundaries to include the area north to the Sebastian Inlet. During the Council's meeting of September 17th, regarding the request by the St. Lucie County Board of Commissioners for the Council to reconsider its July action, upon being put to a vote the motion to affirm the Council's request for a Critical Area designation for Hutchinson Island carried. ALTERNATIVES AND ANALYSIS Subsequent to the.Treasure Coast Regional Planning Council's reaffirmation of their recommendation to the Governor forthe designation of Hutchinson Island as an Area -of Critical State Concern, Governor Bob Graham has distributed letters to all affected jurisdictions, including Indian River County, requesting that the Board of County Commissioners appoint an elected official and a representative from the Planning Office to serve on the Hutchinson Island Resource Planning and Management Committee pursuant to Section 380.045 Florida Statutes. Governor Bob Graham's letter dated October 15, 1982, is attached for your information and review. In accordance with FS 380.045, the objective of this committee shall be to organize a voluntary, cooperative resource planning and management program to resolve existing, and prevent future, problems which may endanger those resources, facilities, and areas identified as potential areas of Critical State Concern. The Governor shall select a Chairman and -Vice -Chairman. The State Department of Veteran and Community Affairs shall provide technical assistance and admini- strative support to the Committee. The Committee will act on a simple majority of a quorum present and shall make a report within six months to Ms. Joan Heggen, Secretary of the Florida Department of Veteran and Community Affairs. For your information, under Florida Statute 380.05 DVCA may recommend to the Administration Commission (the Governor and Cabinet) specific Areas of Critical State Concern. In its recommendation, DVCA shall include recommendations with respect to the purchase of lands situated within the boundaries of the proposed area as environmentally endangered lands and outdoor recreation lands. DVCA also shall include any report or recommendation of the Hutchinson Island Resource Planning and Management Committee; identification of the dangers that would result from uncontrolled or inadequate development of the area .and the advantages that would be achieved from the development of the area in a coordinated manner; a detailed boundary description of the proposed area; specific principles for guiding development in -the area;: and an inventory of the lands owned by the state, federal, county, and municipal governments in the.proposed area. 79 M M M Within forty-five days following receipt of DVCA's recommendation, the Governor and Cabinet shall either reject the recommendation or adopt the same with or without modification and by rule designate the Area of Critical State Concern and the principles for guiding the development of the area. The rule shall become effective twenty days after filing with the Secretary of State. Any rule adopted shall be presented to the Legislature for review. Such principles for guiding development shall apply to any development undertaken subsequent to the legislative review but prior to the adoption of land development rules and regulations for the critical area. No boundary or principle for guiding develop- ment shall be adopted without a specific finding by the Governor and Cabinet _ that the boundaries and principles are consistent with the protection of the resources for areas sought to be protected. The Governor and Cabinet are not authorized to adopt any rule that would provide for a moratorium on development in any area of critical state concern. Upon receiving a rule adopted by the Governor and Cabinet designating an area of critical state concern and principles for guiding development, the Legislature may reject, modify, or take no action relative to the adopted rule. Within one hundred eighty days after the Governor and Cabinet adopt a rule desig- nating the boundaries of and principles for guiding development in an area of critica- state concern, the local government shall prepare, adopt, and submit new or modified regulations which take into consideration the principles set forth in the rule and the provisions of the locally adopted Comprehensive Plan. If DVCA finds that the land development regulations comply with the principles for guiding development of the area, DVCA shall by rule approve the land develop- ment regulations. Such approval or disapproval shall be no later than 60 days after submission. No proposed land development regulation becomes effective until DVCA's rule approving it becomes effective. If any local government fails to submit land development regulati.ons within the one hundred eighty day time frame, or if the regulations submitted do not comply with the development principles and with the provisions of the locally adopted Comprehensive Plan, then DVCA shall within one hundred twenty days submit to the Governor and Cabinet recommended land development regulations applicable to that local government's portion of.the area of critical state concern. Vithin forty-five days following receipt of DVCA's recommendation, the Governor and Cabinet shall either reject the recommendation or adopt the same with or without modification, and by rule establish land 'development regulations applicable to that local government's portion of the area of critical state concern. However, such rule shall not become effective prior to legislative review. In the rule, the Governor and Cabinet shall specify the extent to which its land development regulations shall supersede local land development regulations or be supplementary thereto. The land development regulations adopted by the Governor and Cabinet may include any type of regulation that could have been adopted by the local government. If within twelve months after the Commission adopts a rule and land development regulations for the area have not become effective, then the designation of the area as an area of critical state concern terminates. No part of such area may be recommended for redesignation until at least twelve months after the date the designation terminate-. If DVCA determines that the administration of the local land development regula- tions is inadequate, then DVCA may institute appropriate judicial proceedings as provided in Florida Statutes Section 380.11 to compel proper enforcement of the land development regulations. Any rule adopted designating the boundaries and the principles for guiding development shall be repealled by the Governor and Cabinet no earlier than twelve months and not later than three years after approval by DVCA. Neither the designation of an area nor the adoption of any regulations shall in any way limit or modify the rights of any person to complete any development that has been authorized by the recording of'a subdivision plat or by the issuance of a building permit to commence development. However, no person shall undertake any development within any area of critical state concern except in accordance with Chapter 380 of the Florida Statutes. Upon approval of the area of critical state concern, the County shall give notice to the Florida Department of Veteran and Community Affairs of any application for a development permit in any area of critical state concern, except to the extent that DVCA has in writing waived its right to such notice in regard to all or certain classes of such applications. N O V 3 19928 0 . ocK 51 F? -;E907 BOOK 51 N ®V 3 1982 RECOMMENDATION In order to provide the Board of County Commissioners a better understanding of the extent and nature of the end product of this process, a copy of the Resource Planning and Management Committee Report from a similar study conducted for Charlotte Harbor on the west coast of Florida was obtained from the Bureau of Land and Water Management, Florida Department of Veteran and Community Affairs. This report is attached for the Boards's review and is presented in Attachment B. Basically, the end product in all probability will consist of a policy plan relating to all of the major topics relating to coastal development. It is the recommendation.of the Community Development Staff that the Board of County Commissioners appoint an elected official -of the Board and the Director of the Community Development Division to -serve on the Hutchinson Island Resource Planning and Management Committee. _ Chairman Scurlock felt strongly that Indian River County has been very diligent in their planning, and was greatly concerned that the State might become more involved than we may wish in our own decision making process. He recommended that the Board by Resolution note their concern in this regard, including the observations voiced at this meeting, and send it to the Governor. He further did not wish to be involved in a dispute between St. Lucie and Martin Counties. David Green of the Bureau of Water Management and Community Affairs assured the Board that the State is very pleased with Indian River County's policies on the Barrier Island and that inclusion on the committee would in no way be a reflection on the County development policies. He emphasized that they don't want Indian River County to referee any fight, but there is a potential for this county to be impacted, and the State feels it is important to have all those who could be impacted take part. Chairman Scurlock inquired if we could participate without being designated an area of critical concern, or at the very least, limit such designation to only the area south of the 17th Street bridge. Mr. Green believed it would be possible for Indian River County to be excluded if a development designation should take place, but he felt it is very important for the - 81= whole barrier island system from Sebastian Inlet south to be considered in order to look at the problem as a whole. Commissioner Lyons pointed out that the impact on us of development south of Fort Pierce Inlet is considerably less than any impact on Martin County, and if we were to be represented, it should be made clear that our role in the solution of the total problem involved is minimal. Mr. Green commented that the study done by Kimley Horn for St. Lucie County suggested the escape routes in event of nuclear disaster should be straight up into Indian River County; Commissioner Wodtke felt this is a totally different issue. Discussion ensued about the make-up of the proposed committee, and Mr. Green explained that.the committee will be made up of about 25 members, consisting of elected and planning officials from all the municipalities and counties involved, as well as people from the different state agencies. The first committee meeting will be held in the Community College in Fort Pierce and then will rotate to other locations. Community Development Director King wished to make it clear that it is the Department of Community Affairs which makes the recommendation to the Governor, not the Resource and Planning Committee, and if the Department•of Community Affairs feels it is justified, they can recommend any area as an area of critical concern, even though the ,committee has voted otherwise. Mr. Green agreed that could be done, but noted that it has never happened in the past and he doubted it would. He . explained that if a designation does take place, the State will establish certain criteria for development performance, in the problem area, but will not stop development. Mr. King commented that in a'similar study done for NOV 3 1982 82 K 51 PnE 909 110V 3 1982 Boa 51 F, Charlotte Harbor, the State developed policies covering a very broad area. Commissioner Lyons again emphasized that the problem exists mainly between St. Lucie and Martin Counties, and our involvement is minimal. Motion was made by Commissioner Lyons, seconded by Commissioner Wodtke, that Indian River County not be includedo in the -Hutchinson Island Resource Planning and Management Committee. Commissioner Wodtke wished to know how the study is going to be funded. Mr. Green replied that he would act as secretary for the committee and be responsible for arranging all the meetings. The staff will be primarily from his agency and from the Regional Planning Council, and they are donating their time. Commissioner Wodtke pointed out that we pay the Regional Planning Council, and when our Barrier Island Study was done by them, we paid the necessary costs so that St. Lucie and Martin Counties would not have to pay towards the cost of our study. He did not understand why funds cannot be found to pay for the cost of the proposed study rather than impact us. Commissioner Bird noted that the committee apparently will be formed whether or not we choose to name a representative to it. His main concern was that we not be included as an area of critical concern, and he could not feel that we would be strengthening our position by not having a representative and a vote. Commissioner Fletcher concurred wholeheartedly. He felt the committee could afford an opportunity to gather more data and did not see any cost involved except one staff member's time. Chairman Scurlock commented that he originally just favored a resolution to convey our concern, but now felt possibly we should have a representative and go on record through a resolution. It was generally agreed it would be wise to have representation. Commissioners Lyons and Wodtke withdrew their Motion and second. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Bird, the Board unanimously ap- pointed Commissioner Lyons as their representative to the Hutchinson Island Resource Planning and Management Committee and also designated Community Development Director Bruce King, or his designee. ON MOTION by Commissioner Lyons, -SECONDED by Commissioner Fletcher, the Board unanimously-_ authorized the County Attorney to draft a Resolu- tion as discussed, voicing our concern that we not be designated an area of critical concern. Local Realtor, Ed Schlitt, informed the Board that he discussed this committee with Mr. Burroughs of the Governor's office, who said there was no strong feelings about Indian River County being included. He felt the Board's thoughts would be appreciated by the Governor, and believed this was not the Governor's program, but was suggested through the Department of Community Affairs. f Jack Rose came before the Board representing Lost Tree Village Corporation, and stated they can see nothing to be gained by including us in the dispute of the counties to the south of us. It is their position that the county has done a good job and that this type of planning can be handled at the local level; they fear inclusion could have an adverse economic effect and felt it should be emphasized to the Governor that we have just developed a Land Use Plan. N O V 3 1982 84 wK 51 FSE 911 N O V 3 1982 WK. - -TO: Commissioner Bird asked if Mr. Rose was in agreement with what we are recommending today, and Mr. Rose stated that if there must be such a committee, the Board should have representation, but he felt we should research further into the make up of the committee and how the voting is set up. Commissioner Wodtke stated that he would like to have the comments of the Lost Tree Village Corporation included in the proposed resolution. ADOPTION OF UNIFORM PISTOL LICENSING ORDINANCE - 82-27 Attorney Brandenburg announced that this is a continuation of an earlier hearing, and it has been published properly. Assistant County Attorney Paull reviewed the following memo summarizing the revisions to the proposed amending ordinance, as follows: Chairman and Honorable ®ATE. October 28, 1982 FILE: Members of the Board of County Commissioners SUBJECT: Concealed Handgun Licensing Ordinance FROM: Christopher J. Paull REFERENCES: Assistant County Attorney Returning for your consideration are the proposed amendments to the concealed handgun licensing ordinance. A series of revisions has been made as a result of comments and concerns expressed at the October 6th public hearing. These may be briefly summarized as follows: 1. Range qualification has been simplified to require firing from 7 and 15 yards only, using either or both hands, and adjusting time constraints for weapons which require reloading. 85S s 2. The identical course is now proposed to be offered by the Vero Beach Police Benevolence Association, which agency shall now be recognized along with the Sheriff's Office for application purposes. 3. Renewal applicants shall receive a reduced fee for reapplication and shall be required to satisfy classroom and range requirements upon every second renewal only. Thesef revisions are the result of input from the Sheriff's Office and concerned private citizens. The Chairman asked if anyone present wished to be heard. Bill Stegkemper, who worked on the proposed revisions along with Attorney Paull and Major Raymond of the Sheriff's Department, stated that his main concern at this point is the qualification of demonstrable -need. He emphasized that a person carries a firearm for self defense, and he believed this should be spelled out in this ordinance even.though Attorney Paull contends the present listing of purposes means the same thing. Mr. Stegkemper stressed that the courts say the police have a duty only to the public at large and are not required to protect individual members of the community. He felt strongly that the freedom to bear arms is a general freedom, and it should not have to be qualified. Mr. Baylor of West Wabasso concurred with Mr. Stegkemper. In addition, he questioned the need to shoot 16 rounds of ammunition to qualify each gun when bullets are so expensive, and further objected to qualifying at;a range of 15 yards as he felt self defense would not involve shooting someone that distance away. Commissioner Bird asked Attorney Brandenburg to comment , on the basic reasoning behind the qualifications required, and Attorney Brandenburg explained that if the county undertakes to license someone and does not determine if that person has the ability to handle the weapon safely, it �1 p V 3 1992 8 6 six , 51 Px, E 91 I Fr - N O V 3' 1982 51 Tr,ryIJE'_ J_ presents the potential that the county could be placed in a situation of liability. Dr. C. F. Damerow, commented that in Switzerland, all able bodied males are required to spend some time in the armed forces; they are also required to keep their weapons at their homes, and they have a very low crime rate. Dr. Damerow felt that our Constitution is very clear as to the right.totbear arms, and he did not know what gives someone the right to modify the Constitution. Alec Smith, life member and referee for the National Rifle Association, and ex Police Commissioner of Westland, Massachusetts, spoke of the fact that Massachusetts has a state law where you can get several kinds of weapons licenses - either for hunting, target shooting, or general self defense, etc. He also supported having self defense spelled out in the proposed ordinance and favored the requirement of shooting 30 rounds, noting that as an NRA representative, he felt anyone who has a weapon should be thoroughly trained in its use. Phil Galler concurred with Mr. Smith re spelling out self defense, citing an incident when he was driving home from Orlando in the early morning hours which demonstrated the need to be able to protect yourself. He also believed that a person should not carry a weapon unless he is well qualified to shoot it. Robert MacFarland felt that commendable attention has been given to the range qualification problem, and it now looks satisfactory to him. He then brought up the amount of time it takes to make the investigation, noting that he has no reason to suspect any county or city officials, but he did know that bureaucracy if they feel so inclined, can sit on an application and see that it takes months or even years. He did not see any time limits shown for the County Administrator or staff in conducting their investigation, L_ NOV 3 M r and he wished to recommend that a time limit be set. He felt a maximum of 30 days would be adequate. Rivers Anderson, longtime county resident, believed that the Board is addressing only a very small percentage of the total problem since it appears there is something like a total of 107 concealed weapons permits issued by the County while there are about 10,000 people in the county who own handguns. He felt another basic point is that the State requires five basic criteria to qualify for a concealed weapons permit, i.e., you can't be a convicted felon or have a mental disability, etc., and none of these criteria include showing proficiency on a gun range. Commissioner Wodtke agreed, but pointed out that the Statutes also say the permit to carry a.concealed weapon shall be issued by the Board of County Commissioners, and that is where the problem with the liability arises; if the county issues a permit to someone who has never fired a gun, we could be liable for their actions. Mr. Anderson argued that when a person goes through the course, he is calm; no stress is involved;, and there is no guarantee that under stressful conditions that person will not use the weapon in an improper way. He did not believe the Commission is solving a problem with all this criteria, but just creating red tape and harassment of private citizens. Commissioner Bird commented that he had asked the Attorney if we might be putting ourselves in an even more liable situation by offering the course, and the Attorney's advice was that we are in a better position to have the course. James Lucas informed the Board that he has been a hunter since he was very young; he served on the Police Department of Baltimore County; he was a firearms instructor for 30 years ; and it was his feeling that on the range 88 K 51 FnUE 91.5 1982 NOV 3 B ROOK 1. %}yup qualifications, it would be wise to drop the sitting and kneeling positions and just require shooting from a standing position. It was pointed out that the qualifications require "either" standing, sitting or kneeling. Mr. Lucas further felt that rather than requiring shooting all the rounds, it would be preferable to rely on the instXuctor's opinion. It was determined that no one further wished to be heard. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Fletcher, the Board unani- mously closed the public hearing. Sheriff Dobeck spoke in favor of including self defense as one of the demonstrable needs in the ordinance. Commissioner Lyons was of the opinion that this would raise a*great many added issues since it can be interpreted in very many ways. He felt the intent was just to make it possible for a person who meets specific purposes to carry a gun. MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Bird, to amend Section 2 (f) (2) re demonstrable need to state that "The applicant has a demonstrated need to carry a firearm for self-defense or as a result of his occupation, employment, profession or other relevant factor or activities." Commissioner Lyons stated that he planned to vote against this amendment on the basis that the reasons given in the application are sufficient and that they do include self defense. He felt the term self defense is too broad. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried by a vote of 4 to 1 with Commissioner Lyons voting in opposition. Commissioner Fletcher brought up the issue of the time element raised by Petr. MacFarland and felt 30 days should be specified. Assistant County Attorney Paull agreed that a time limitation could be included in the proposed amendments in Section 6, which is amending Section 9 of the first ordinance. He felt that 30 days is a bit limiting_as related to getting a report back from the FBI and suggested that it should read 30 days after receipt of the completed application. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously approved rewriting Section 9 of Ordinance 79-27 to provide that the County Administrator shall review a completed application and make a recom- mendation to the Board within thirty days following receipt of the completed application. Commissioner Wodtke discussed criteria for exemption from the required course, and Mr. Smith of the NRA suggested that a registered current card from either the Army or National Rifle Association should be acceptable. Commissioner Bird suggested that we ask the Sheriff to come back with a list of approved certifications. NOV 3 1982 90 r N 0 V 3 1982 ROOK 5. Sheriff Dobeck commented that it is still necessary to determine if the applicants really know the law for use of the firearm, and Commissioner Lyons noted that the exemption would only eliminate range qualification. In further discussion, it was noted that the Police Benevolence Association as a public service offers a course one weekend a month at no cost. ON MOTION by Commissioner.Bird, SECONDED by Commissioner Fletcher, the Board unanimously adopted Ordinance 82-27 as amended. Administrator Wright wished clarification as to whether all that is necessary is for someone to say that he requires a weapon for self defense, and it was confirmed that was correct. MOTION WAS MADE by Commissioner Fletcher, SECONDED by Commissioner Lyons, to adopt Resolution 82-118, implementing Ordinance 82-27. Andrew Offutt inquired about deleting or adding firearms on current pistol permits. Attorney Paull informed him that anyone can delete a weapon at any time; if they choose to substitute a weapon or add one, it is required that they use that weapon on the range. It is not necessary to repeat the classroom discussion, however. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 9� M. ORDINANCE NO.82- 27 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AMENDING ORDINANCE 79-27, KNOWN AS THE INDIAN RIVER COUNTY UNIFORM PISTOL LICENSING ORDINANCE; PROVTDING FOR REVISIONS TO SECTIONS 6, 7, 8, and 13 (2); PERTAINING RESPECTIVELY TO DESIGNATION OF FIREARMS SAFETY AND HANDLING COURSE; INVESTIGATION; [NOTICE OF FILING AND OF APPROVED APPLICATIONS; LICENSE REVOCATION; SUBSTITUTING A NEW SECTION 9 PROVIDING• FOR REVIEW PROCESS; BOARD ACTION; APPEAL OF DENIAL; CREATING A NEW SECTION 14 PROVIDING FOR NOTICES; RENUMBERING CERTAIN SECTIONS; PROVIDING FOR SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted Ordinance 79-27 to establish a uniform policy and procedure governing the issuance of -concealed weapons licenses in Indian River County; and WHEREAS, the Board now desires to revise the firearms safety and handling course designation requirement to satisfy the reasonable needs and capabilities of the public and of local training resources; and WHEREAS, the Board also desires to clarify the procedure for consideration and issuance of licenses to those desiring to carry concealed weapons in order to facilitate proper administra- tion of the ordinance. WHEREAS, these amendments do not in any way infringe upon the citizen's right to keep and bear arms for lawful purposes, without a license, in one's home, place of business, or private conveyance as provided by Florida Statutes §790.25 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA: SECTION 1 This ordinance is -adopted pursuant to authority vested in the Board of County Commissioners by virtue of Florida Statutes 5790.06 (1981) to establish a uniform policy and procedure for the issuance of licenses to carry concealed pistols on the person. SECTION 2 Section 2 (f) (2) of Ordinance 79-27 is hereby amended to read as follows: Section 2. CRITERIA FOR ISSUANCE OF LICENSE TO CARRY CONCEALED WEAPON. Prior to the issuance of a license to carry -1- CODING: Words in streek-threugh type are deletions from NOV 3 • 1982 existing law; words underlined are additiong.eX 51 f--.Aj9 F,-NDV,3 /9" '800e 5/ PAGE 9a -7 firearms under Section 790.06 Florida Statutes (1944 81), all applicants shall be required to submit evidence and certify to the Board of County Commissioners that: (f) The applicant affirmatively establishes that he or ishe intends a proper use of or has a demonstrable need for carrying a concealed pistol. In affirmatively establishing the propriety of the use of or necessity for carrying a concealed Pistol, the applicant must show: (2) The applicant desires to carry a firearm for self-defense_ror has a demonstrated need to carry a firearm as a result of his occupation, employment, profession or other relevant factor or activities; and... SECTION 3 Section 6 of Ordinance 79-27 is hereby amended to read as follows: Section 6. DESIGNATION OF COURSES IN INSTRUCTION IN FIREARM SAFETY AND HANDLING. The Board of County Commissioners of Indian River County, Flgrida,,shall designate by resolution those courses in instruction, satisfactory completion of which is required for compliance with Section 2 of this ordinance. --best is-rye-ease-sl�aii-a-eee�rse-lie-eiesigr�$ted-Hhiet�-€ai}s-as-a-m�e}mit te-xeeet-tke-reQr�iree�-eriteria-€er-E�ass-u6u-statewide-gtr�r- pereeits-speeif ied-i$-Ekapter-�C-3-��-a€-tl�e-Rt�ies-e�-tke Bepartment-of-State-ter-private-iftvestigatiee-agerreies- -;Any fee assessed for enrollment in a course designated hereunder shall be paid by an applicant directly to the agency conducting the course The amount of the fee, however shall be sub'ect to Prior approval the Board of C( my Commissioners as part of the rAAn1 „+-inn designating the course for r SECTION 4 nition under thiG nrA4n=n^_ Section 7 of Ordinance 79-27 is hereby amended to read as follows: Section 7. INVESTIGATION. cation Prior to the review of an the County Administrator and nnn=4Aa -_4-4__ -- -- y the Board of County Commissioners, Tthe Sheriff of Indian `River Count _ y shall conduct an examination of available local, state, and federal records a-reeare�-ei�ee}�-eco-eil-appl}easts-ire-a.�der to -2- CODING:- Words in ste'rsek-tl�rettgk type are deletions fro:i _ existing law; words W-rlined are additions. L::A determine whether an applicant has been arrested, charged, or indicted for, or convicted of any criminal offense that would affect his eligibility for a permit. The expense of said background -investigation shall be borne by the applicant through the administrative fee established pursuant to Section 15 hereunder. CVOMTnM S Section 8 of Ordinance 79-27 is hereby amended to read as follows: Section 8. NOTICE OF FILING AND OF APPROVED APPLICATIONS. Notice of -application for a license shall be published once in a newspaper of general circulation in the County, at least five days but no more than fifteen days, prior to initial consideration aetlen by the Board of County Commissioners. The application for any license, if granted, shall be a public record and shall be filed by the County'Adm-inistrator with the Clerk of the Board,of County Commissioners. SECTION 6 Section 9 of Ordinance 79-27, as presently exists, is hereby repealed in its entirety: 6eet�ea-9---B�BHAiSH-i��4b�B��;-A�AI��RPtA�SPFRPiBb£- �---�4��-��eer�se-apg��eat�eas �t�st-be-app�e�ree�-i�p-tke Head-a€-Gettatp-2etme�ssier�e�s-be€ewe-a-�aa��d-�ieease �ssttee�-bp-tke-Eettat�*-Ae��r��st�ate�-e�-I��s-eles�g�ee---Agpeey$}-e� e�ee�a�-sl�e��-be-basee�-t�ges-eamp��at�ee-w�tl�-tl�e-e��te��a established-Bader-Seetien-S- �• SECTION 7 In place of Section 9 of Ordinance 79-37,.repealed above, a new Section 9 is hereby created to read as follows: DENIAL. SECTION 9. REVIEW PROCESS; BOARD ACTION; APPEAL OF — 1. Within thirty (30) days following receipt of a completed application, including background investigation and course evaluation report, the County Administrator shall review same for compliance with the requirements of this ordinance and shall make a recommendation for action to the Board of Count -3- CODING: Words in struek-threagk type are deletions from existing law; words underlined are additions. 51 FA -30E 9;1 � 6� V 3 i9�2 - r NOV 3 1982 51 Commissioners. The Board of County Commissioners shall act upon completed applications at the earliest available regularly scheduled meeting. An applicant who is denied shall be notified promptly by mail. 2. In the event issuance of a license is denied by the -_ Board of County Commissioners under subparagraph 1 above, an' aggrieved applicant may request a public hearing before the*Board for reconsideration of the matter by delivering a written request therefor to the County Administrator within fifteen days following the date notice of the denial is postmarked 3. Following approval, the County Administrator or his designee shall issue the license upon the posting by the applicant of the statutory bond required by Section 2 of this ordinance 4. Any license issued hereunder shall be nontransferable. SECTION 8 Subparagraph 2 of Section 13 of Ordinance 79-27, pertaining to license revocation is hereby amended to read as follows: Section 13. LICENSE REVOCATION. 1.. Any license issued under this ordinance may be revoked by the Board of County Commissioners' upon a determination that: (a) A licensee has been convicted of a felony; (b) A licensee has misrepresented or concealed facts on his application which bear on.the proper use of or need for carrying a concealed pistol; (c) A licensee no longer meets the criteria for eligibility specified in this ordinance. 2. Revocation shall be automatic upon conviction of a felony, and a license shall be suspended upon a licensee being charged with commission of a felony or having received a court ordered referral for psychiatric evaluation, the period of suspension shall continue until all charges have been disposed in the event of a felony charge, or satisfactory determination by a licensed medical doctor in response to the court ordered -4- CODING: Words in struck-threugh type are deletions from existing law; words Mlined are additions. - M M M psychiatric evaluation; however, no license may be revoked under Section 13 (1) (b) or (c) above, until a hearing has been held before by the Board of County Commissioners eounty Administrator-or-h€s-designee not less than fifteen days after the date of mailing of a notice advising the licensee of the pending revocation, the reasons therefor, and the date, time and place of the hearing. a€ter-at-feast-€€teem-f�5�-days-wrttert aet�ee-tY�eree€-te-tl�e-}�eeasee---�Pl�e-l�ear�sg-a€€�e�a�-ska��-make €�ad�sgs-e€-€set;-ee-reeemmeedat�ea;-asci-present-a-transer�pt-a€ a��-I�ear�ags-to-tY�e-Beard-a€-eettaty-Gamm�ss�e�ters-prier-to-tire reveeat}erg-a€-any-1leease-by-the-Beard -a€-eettrtty-eemmi-ssi-efters- A new Section 14 is hereby created to read as follows: Section 14. NOTICES. Any notice to an applicant or licensee required by this ordinance shall be deemed to have been properly given if mailed to the most recent address on file with the Clerk of the Board of County Commissioners. It shall be the responsibility of the applicant or licensee to keep a current address on file. SECTION 10 Sections 14, 15, and 16 of Ordinance 79-27, as adopted, are hereby renumbered respectively as Sections 15, 16, and 17. SECTION 11 INCORPORATION OF ORDINANCE IN COUNTY CODE. Provisions of Ordinance 79-27 and of this ordinance shall be incorporated in the County Code of Laws and Ordinances and the word "ordinance" may be changed to "section", "article" or other appropriate word, and the sections of this torclinance may be renumbered or relettered to accomplish such intentions. SECTION 12 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 hold- ings or invalidity shall not affect the remaining portions of this Ordinance and it shall be construed to have been the legislative -5- BOOK 51 CODING: Words in strsek-threugh type are deletions from NOV 3 1982 existing law; words underlined are additions. , Civ 3 11982 BOCK 51 r, ,"'g,' 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 parts shall be deemed to be 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, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstances. 4 SECTION 13 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. Apptoved and -adopted by the Board of County Commissioners of Indian River County, Florida on this 3rd day Of November , 1982. INDIAN RIVER COUNTY BY ITS BOARD OF COUNTY COMMISSIONERS By. G DON C. SCURLOCK, JR. Uy Chairman L Acknowledgment by the Depaent of State of the State of Florida this 9xk day of , 1982. p Effective Date: Acknowledgment from the Department of State received on this 16-A day of 1982 at //:00 A.M./P-.4L. and filed in the officelf the Clerk of the Board of--. County Commissioners of Indian River County, Florida. Approved as to form and legal 'ciency. By: CHRIS,T,OPHER PAULL Assidtant o unty Attorney -6- CODING 6- CO Words in straek-thrars�cg_type are deletions from existing law; words underlined are additions. RESOLUTION NO. 82- 118 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS w OF INDIAN RIVER COUNTY, FLORIDA, DESIGNATING AN APPLICATION FORM, FIREARMS SAFETY AND HANDLING COURSE AND SCHEDULE OF FEES, FOR CONCEALED WEAPONS PERMITTING PURSUANT TO ORDINANCE NO. 79-27, AS AMENDED. WHEREAS, the Board of County Commissioners of Indian River County, Florida, has adopted Ordinance No. 79-27 and subse- quent amendments thereto establishing a uniform policy and proce- dure for the issuance of concealed weapons licenses in this County; and WHEREAS, as authorized and directed by said Ordinance, the Board of County Commissioners shall designate an appropriate application form, firearms safety and handling course, and shall approve all fees associated with either. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The application form attached hereto as Exhibit A is approved for use by the County Administrator and Clerk. 2. The Board hereby designates. -and recognizes the course in instruction in firearms safety and handling described in Exhibit B attached hereto as being appropriate for purposes of applicant review. It is expressly 'intended that an applicant may take this course from either of two agencies which propose to offer same, being the Indian River County Sheriff's Office and the Vero Beach Police Benevolence Association. A satisfactory evaluation from either agency shall be acceptable provided that,, the course given complies with the stated criteria. 3. The Board hereby approves the following fees in connection with application for and issuance of a concealed weapons license: - ' A. Initial application fee $44.00; which sum includes $14.00 for fingerprint examination reports by Florida Department of Law Enforcement and the Federal Bureau of Investigation, and $30.00 for local detective investigation and publication of notice of application, payable with submission of completed application. - -1- N 0 V 3 1982 BOOK. 51 Fnu E'9, 25 NOV3 1982 BOOK 51 B. Firearms safety and handling course fee not to exceed $11.00; payable at the time of enrollment in course. C. Renewal application fee $20.00; which sum shall cover updated records' evaluation and shall be payable with submission of completed renewal application. The foregoing resolution was offered by Commissioner Fletcher who moved its adoption. The motion was seconded by Commissioner Lyons 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. 3rd day of November , 1982. 1 / Attest:' FREDA WRIGHT, Clqpk APPROVE0- TO FORM AND LVSUFPt=FNr* By CUH18 T HES' J: PAULL Assi Ptant County Attorney -2- BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By / DON C. SCURLOCK, JR. Chairman L. .I%k APPLICATION FOR ISSUANCE OF LICENSE TO CARRY A CONCEALED FIREARM IN INDIAN RIVER COUNTY, FLORIDA Please print legibly or type; answer each question, indicating "Yes," with full details, "No", not applicable (N/A) or NONE where appropriate; please use additional sheet if necessary to answer any question in its entirety; you should refer to the attached instructions and criteria for guidance, if necessary. 1. Full name: 2. Present address (give both mailing address and residence, if they differ): Mailing Address Street Residence (if different) Street City, State and Zip Code City, State and Zip Code 3. (a) Date of Birth: - (b) Place of Birth: (c) Social Security No.: 4. Telephone Number: Home: 5. Present Occupation: Business: 6. Name and Mailing Address of Present Employer (also give location of principal place of business, if different than business mailing address): Present Employer Principal Place of Business (if different) Name Street •Street City, State and Zip Code City, State and Zip Code 7. Occupation and employers for the immediate past four (4) years (give same information as question No. 6 and give dates):--. • t 8. List the following information for each weapon you wish to carry pursuant to this license. (a) Make of weapon (b) Caliber (c) Serial Number (d) Length of barrel (e) Type (automatic/revolver) -1- NOV 1- NOV 3 1982 EXHIBIT AK 51 Pi(u4 t r . NOV, 3 -1982 soK51 9?8 9. Give complete residential addresses for the past four (4) years, listing the most recent first: (Street address City, State) FROM TO Mon. Yr. Mon Yr. 10. Have you ever been known by any other name or names? If yes, list each such name and dates: 11. Have you ever been arrested for, charged with, or convicted of any violation of the law other than Parking tickets or non-moving traffic violations? If yes, explain each incident and outcome, including any court determinations. 12. Are you an unlawful user of or addicted to any controlled substance as defined in Chapter 893, Florida Statutes? If yes, explain circumstances. 13. Have you ever been adjudicated a mental incompetent, been committed to a mental institution, or been under the care of a licensed physician for any mental disorder? If yes, piegse explain in detail: 14. Have you completed, using the -firearm(s) listed in this application in question No. 8, the designated firearms safety and handling course required by Ordinance No. 79-27, as amended? If yes, be sure the documentation showing proof of such completion, appended to this application as Page 4, has been completed in its entirety by the examining officer or instructor. J -2- M M 15. Demonstrable Need Criteria: As required by Section 2 (f) of Ordinance No. 79-27, as amended, please state those facts which affirmatively -�- establish the propriety of use of or the necessity for carrying a concealed handgun: 16. List the names and addresses of three individuals who are not related to you by blood or marriage who may be contacted for information as to your moral character, fitness and eligibility for this license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a Signature of Applicant STATE OF FLORIDA COUNTY OF INDIAN RIVER Sworn to and subscribed before me this 19 Notary Public My Commission Expires: day of -3- N nv-3 1982 s is 51 r,,. I FIREARM SAFETY AND HANDLING COURSE EVALUATION Part I To be completed by Applicant 1. Applicant's full name: 2. weapon tested (must be the same as listed in application Page 1, question 8): Make Caliber S Serial Number Length of barrel Type (automatic revolver) 3. Please read and sign the next page, and give same to your instructor. Part II To be completed by Course Instructor The above named applicant has on this date completed the Firearm Safety and Handling Course given by the and my evaluation of the applicant's proficiency is as follows (circle one and give comments if other than satisfactory): SATISFACTORY or UNSATISFACTORY Comments: Instructor Date: -4- ACKNOWLEDGMENT OF LIABILITY FOR FIRING WEAPON it , hereby acknowledge and agree that I shall be solely responsible for any result attributable to my firing of a weapon in connection with the Indian River County Concealed Weapons License Application Procedure. I hereby further agree to hold harmless and indemnify Indian River County, and any agency or organization conducting said course, and their officers and employees, from any and all liability for property damage, personal injury or loss of life resulting from my use of the weapon, and I shall defend against any claim or gause of action made against the above mentioned parties, or their officers and employees, which may arise from my use of the weapon. Applicant Date: (THIS FORM IS TO BE EXECUTED AND TURNED INTO THE INSTRUCTOR PRIOR TO THE RANGE PORTION OF THE COURSE.) f -s- NOV 3 1982 a Boa �tt2j ROY 3 1982 Boor 5,, INDIAN RIVER COUNTY FIREARMS SAFETY AND HANDLING COURSE CRITERIA All applicants shall satisfactorily complete the training criteria from an instructor who possesses a current instructor's certificate from at least one of the following: (a) The Florida Police Standards Council (b) The National Rifle Association lc) A branch of the military forces of the United States (d) Any federal, state, county or municipal police academy recognized as such by the Florida Police Standards Council or the Florida Department of Education 2. The agenda for classroom instruction shall include at a minimum the following five (5) hours (stated time periods are approximate and may vary slightly depending upon instructor, class number and level of participation): (a) When To Use a Gun, 1 hour (b) Legal Limitations, 2 hours (c) Safety Requirements, 1-1/2,hours (d) Nomenclature and Maintenance, 1/2 hour 3. Range qualification requirements, up to three (3) hours. (a) Target must be a "B-27 Silhouette" or the approximate equivalent. (b) Phase 1--7 yard range; standing, sitting, or kneeling; on command must fire a total of 16 rounds, reloading as necessary. Shooter may use either or both hands. (c) Phase 2--15 yard range; standing, sitting, or kneeling; on command must fire a total of 14 rounds, reloading as necessary; shooter may use either or both hands; time limit, 3 minutes, time required to reload shall not be counted in the 3 minutes. (d) Scoring: 30 rounds, highest total score possible 150 points; satisfactory score is deemed to be 98 points or higher. (e) Ammunition: This course shall be fired using no less than 6 rounds of the minimum 30.of factory or full loaded ammunition. 4. For safety reasons, all weapons will be sired at the discretion of the range officer or instructor and only after a general inspection of the weapon is conducted. - 5. Qualification: An applicant who has completed the classroom session and has fired the weapon with a score of 98 or above shall be deemed to have satisfactorily completed the firearms safety and handling course. If the applicant does not achieve a satisfactory score on the range on his or her first try, the applicant may refire the course -one more time after the other applicants have had an opportunity to qualify. If the applicant has not qualified after the second opportunity to fire the course, applicant must then wait until the next firearm class to attempt to qualify. 6. Course requirements upon renewal of concealed weapons license: This course shall be required only for initial applicants and then every second renewal thereafter (i.e. every four (4) years). The criteria shall be the same for a renewal applicant as for the initial applicant. 4=1 _ M M DISCUSSION WITH JUDGE STIKELETHER RE RETURN TO THE COURTHOUSE Commissioner Fletcher referred to the item discussed this morning in regard to the courtroom situation and Judge Stikelether where the Board reversed their earlier position and directed the Judge to return to the Courthouse by December 1st. He continued that he would like the Commissioners to explain their feelings directly to the Judge, who is present -at this time. Judge Stikelether wished to have clarification re what type notification he had that this matter was on the agenda. Attorney Brandenburg reported that his office mailed the Judge a report on the formaldehyde symposium last Wednesday or Thursday. Commissioner Fletcher asked if any attempt -was -made to notify the Judge that this issue would be brought up on today's agenda, and Attorney Brandenburg stated his office had not done so. Judge Stikelether asked that Commissioner Fletcher report what time he told the Judge this item was on the agenda. Commissioner Fletcher commented that although we normally try to inform people, it happens occasionally that some are left out. With a sensitive situation such as this, however, he would have thought that we might have notified the Judge we were going to reconsider the situation, and that is one reason, when he learned this was added, that he left the Commission Chambers knowing that the Judge was in the back room witnessing the absentee ballot count, and informed the Judge that there was a possibility of reconsideration of the Board's previous action relating to the Judge returning to the Courthouse. The Judge agreed that Commissioner Fletcher conveyed this information to him and asked if he would like to be 1982 106 non 51 Pf,a 913 ®V 3 1982 BOOK 1 5 *,9V3 4 present, but it was necessary for him to remain with the ballots. Chairman Scurlock noted that the Board delayed this item and directed that the Judge be phoned. Administrator Wright reported that his secretary, Mrs. Gunter, phoned the Judge's office and reported that the Judge would be back at 11:30 A.M. Charirman Scurlock stated that this was a regularly scheduled item and he made time available, and time is available now to go over this item once again if the Board desires to rehash it. Judge Stikelether commented that Attorney Brandenburg apparently released a letter written to him by Attorney Michael Eriksen representing Judge Stikelether. He then questioned Chairman Scurlock closely as to any conversation he may have had with Judge Smith since he, Judge Stikelether, was in the hospital and whether he was mentioned in any such conversation. Chairman Scurlock replied that the only discussion he had with Judge Smith in about a month was in reference to the courtroom facility, and the Board's position in not replacing the carpet again. Judge Stikelether continued to question the Chairman as to whether he ever discussed with Judge Smith anything concerning Judge Stikelether's stay in the hospital, and Chairman Scurlock informed him that the conversation was very general and related only to the possibility of whether Judge Stikelether would ever return to the Courthouse, which Judge Smith doubted. The Chairman noted that he did state that he knew Judge Stikelether was in the hospital and apparently did not have any problems with their carpet. Commissioner Fletcher explained to the Judge that the action taken by the Board this morning was a request that Judge Stikelether return to the County Courtroom by the 1st of December and function as a judge in that courtroom, using the services of the Clerk of the Court, and that his office in the Welfare Building would continue to be made available to him in the hope that he could have a transition period. Commissioner Bird clarified that all judicial proceedings would be at the Courthouse, but the Judge's office would remain available at the Welfare Building. Attorney Brandenburg noted that his understanding of the Motion was that the courtroom facility that would be supplied for the use of the Judge would be Courtroom C at the courthouse. 72 Judge Stikelether wished to know what prompted reconsideration of the Board's earlier decision. Chairman Scurlock cited several reasons, the first being calls received from the State's Attorney and the Public Defender suggesting in strong terms that the Board request the Judge to return and carry out judicial proceedings in the County Courtroom, plus a call from a private citizen, Kaye Wilde, who had participated in some judicial proceedings and found it offensive to serve in the facility being used by Judge Stikelether, as well as calls from other attorneys who had not come forward previously. The Chairman further based his change of position on the information brought back by Attorney Brandenburg from a recent seminar on formaldehyde. Commissioners Bird and Lyons based their change of position on the additional information received on formaldehyde, plus the results of recent formaldehyde monitoring tests done in the Judge's present quarters. Judge Stikelether commented that the people who held the symposium are those who are defending formaldehyde cases and likened this to Reynolds Tobacco Company claiming that cigarettes are not harmful to your health. NOV 3 1982 108 Brox 51 PftuE9°3.5 N O V 3 1982 WK 51 Fr1�r,4 6 Attorney Brandenburg informed the Judge that the material in his office, which he obtained at this symposium, references practically every authority, and is about 900 pages long. Judge Stikelether asked if Attorney Brandenburg spoke of the Judge's problems with the people at this symposium, and Attorney Brandenburg replied that he spoke with them of the CouAy's situation. He noted that the only material supplied to the Board was a report on the symposium; it did not make any recommendation for the Judge to go back to the Courtroom, but it did lead the Commission to reconsider the issue and initiate the action they took. Chairman Scurlock again emphasized that the many calls he has received complaining about the situation, especially those from the State's Attorney and Public Defender had a very positive effect on his reconsidering the situation. Judge Stikelether commented that apparently the Chairman, Administrator Wright, and Attorney Stone had a meeting., and Attorney Brandenburg stated that his understanding -was that Mr. Barton met with Mr. Stone. Judge Stikelether then spoke at length of his concern that the Judges have not been included in the many hours of discussion on their problems over the months; he again referred to the lack of notice about these meetings; the belief that this has been treated as a humorous situation and laughed about publicly; the fact that the record has not been set straight on misleading information supplied to the public; and stated that he felt the Commission has dealt with this matter behind the Judges' backs by meeting when they knew he was in the hospital and Judge Smith was in Plexico City. Commissioner Lyons was upset that Judge Stikelether felt that the Commission would deliberately try to do something behind his back and stated that he, for one, did 1- � � r not even know the Judge had been in the hospital or that Judge Smith had been out of the country. He emphasized that the Board always has taken the Judge's problem seriously, and their decision that the courtroom facility is now adequate and proper for use was a serious decision based on the receipt of additional pertinent and enlightening information. He assured the Judge that this never has been considered a laughing matter, and the Board is only trying to do what is right for the county. Judge Stikelether commented that the Board wrote him just before Christmas last year informing him that his quarters in the Courthouse were suitable for his occupancy, and he did return and try to use them, but had to leave. Commissioner Bird also assured the -Judge that he is concerned about the Judge's health problems and -does take them seriously, but noted that in trying to accommodate the Judge's problems, we are working a tremendous burden and hardship on the many other people involved in the judicial system, as evidenced by statements made by the State's Attorney, the Public Defender, the Clerk, and members of the public. He further believed, based on information we now have received, that the courtroom facility we have renovated is as safe for the Judge as we can make it and certainly equally, or, very probably, even more safe for the Judge's health problems than the Judge's temporary quarters in the Welfare Building where monitors have indicated that formaldehyde levels are far higher than in the Courthouse. Judge Stikelether noted that he had not been informed __ of the results of the monitoring. Attorney Brandenburg reported that a copy of.the results has been attached to the letter to be sent in reply to Attorney Eriksen's letter. Judge Stikelether stated that he was not thanking the Attorney for receiving a report five days late, and Attorney NO V 3 1982 110 51 mi -OE 93 7 Brandenburg commented that the County Commission has repeatedly requested medical reports from the Judge and has never been supplied with them. Argument continued along these lines, and it was felt there has been sufficient discussion and explanation of the situation. BILLING AGREEMENT BETWEEN CUSTOMER SERVICE AND THE COUNTY a The Board reviewed memo from Utilities Director Terry Pinto, as follows: TO: The Honorable Members of DATE: October 28, 1982 FILE: the Board of County Commissioners THRU: Michael Wright County Administrator //.✓jl FROM: Terry Pinto Utilities Director DESCRIPTION'AND CONDITIONS SUBJECT: BILLING AGREEMENT BETWEEN CUSTOMER SERVICES, INC. AND INDIAN RIVER COUNTY REFERENCES: In the past, water -and sewer for Laurelwood Subdivision has been serviced by Customer Services, Inc. Effective November.l, 1982 Indian River County Utilities will begin servicing the water por- tion. To avoid confusion and to promote customers' convenience, Indian River County Utilities will also do the sewer billing on behalf of Customer Services, Inc. RECOMMENDATION To protect both parties and to insure a good business relationship, it is recommended that the Board of C-qufity Commissioners approve the presented agreement between Customer Services, Inc. and Indian River County. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, Commissioner Fletcher voting in opposition, the Board by a 4 to 1 vote approved the Agreement with Customer Service, Inc., and authorized the signature of the Chairman. A G R E E M E N T THIS AGREEMENT, made and entered into this 3rd day of November, 1982, by and between CUSTOMER SERVICE, INC., a Florida corporation, hereinater referred to as "Corporation", and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", NOW WITNESSETH: WHEREAS, the Corporation owns and operates a sewer system in various parts of Indian River County, Florida; and WHEREAS, the County furnishes water to some of the citizens of Indian River County, Florida, who are also served by such sewer system; and WHEREAS, for reasons of efficiency and economy it is desirable that the County be authorized and empowered by the Corporation for and on behalf of the Corporation to collect the sewer charges incurred by persons who are both sewer customers of the Corporation and water customers of the County; and WHEREAS, the Board of County Commissioners of Indian River County, Florida, for and on behalf of the County of Indian River, have authorized the Chairman of the Board to execute this Agreement on behalf of the County; and WHEREAS, the Corporation has by resolution agreed to enter into this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and promises herein contained, it is agreed as follows: 1. The Corporation hereby designates the County as its agent, to collect certain sewer charges as may be,authorized by the Corporation as hereinafter provided, which may be owed or which in the future shall become due and payable to the Corporation for sewer services rendered to its customers who are also water customers of the County. The Corporation shall cause to be furnished in writing to the County the names and addresses of customers whose sewer service charges are to be collected by the County under the terms of this Agreement, and the amount to be charged and billed to each such customer, which amount will be -1- N nV 3 1992 ��K ��, r;=:;,� 9 Fr- I - UP 3 1982 K 51 billed to each such customer until .contrary notice is given the County by the Corporation. The Corporation will promptly notify the County in writing of subsequent new connections and disconnec- tions of sewer services. Billing by the County for new connec- tions will be made in the current month only if notice thereof is received by the County at least fifteen (15) days before the a scheduled billing date. Such new connections and disconnections for the Corporation shall conform to the policies currently in effect by the County. Furthermore, all policies in use by the County for its customers shall take precedence. 2. The County shall be authorized for and on behalf of the Corporation to furnish and make receipts for payment from the Corporation's customers when paid by hand delivery, to terminate service for.nonpayment of sewer service charges, and to include the sewer service charges along with charges for all services furnished by the County in any bills or statements to the cus- tomers that may be served both by the Corporation for sewer pur- poses and by County for water services. The Corporation shall provide the County with a telephone number for all sewer service complaints which shall be printed on the face of the invoice and shall continue to provide proper service to the sewage collection and treatment system. Both parties agree that the County does not undertake any obligation whatsoever with respect to the operation and maintenance of the sewage collection and treatment system. 3. The charges for sewer services shall be the rates established from time to time by the Board of County Commissioners of Indian River County, Florida, and a copy of the schedule of rates to be charged by the Corporation is attached hereto and made a part of this Agreement as Exhibit "A". The Corporation agrees that if it amends the said rates at any time that it shall furnish immediately a copy of the rates as amended to the County. The County shall not be obligated to collect said rates until such time as a copy of the schedule of rates as amended is furnished to the County. -The County shall charge the sum of ONE DOLLAR ($1.00) per billing as its fee for the services performed under this Agreement. It is understood and agreed that the collection rate - M M of ONE DOLLAR ($1.00) per bill shall first be deducted from the total amount of the individual customer's bill before making disbursement to the Corporation. The County shall be entitled to its fee for billing even if the customer does not pay. The Corporation shall pay to the County the actual cost, if any, of reprogramming the County's computer to adopt it to the Corporation's rate structure. This amount shall not exceed THREE HUNDRED DOLLARS ($300.00). 4. The Corporation shall deliver to the County all existing customer deposit for each customer on the County's water system and Corporation's sewer system. When a new customer requests service from the County, the County will collect a $40.00 deposit, $20.00 for sewer and $20.00 for water. In the event of non-payment by a customer, the County will first apply the portion of the customer's deposit associated with sewer service to the unpaid sewer bill; and remaining sewer deposit may then be used to offset any water service bill left unpaid. 5. It is further understood that in the case of any partial undesignated payment by individual customers, County shall be entitled to apply such payment entirely toward the satisfaction of any charge of the County to the extent thereof before applying the same to the payment of sewer charges under this Agreement. It is agreed, however, that in case of any such partial undesignated 0 payments that County shall treat the entire account as delinquent for purposes of collection and shall terminate the entire water service to such account, according to standard County operating practice, until the account is paid in full, including the sewer charge. The County shall not be responsible for bringing collection suits against non-paying customers. 6. Within forty-five (45) days of each billing the County will furnish the Corporation a report indicating current billings, itemized amounts uncollected from previous billings, the number of bills prepared and the net amount due Corporation together with a County Warrant in the amount due Corporation. 7. County, as agent of the Corporation, is authorized to perform all acts and things necessary to the proper -3- NO V 3 1982 wx 51 FnUE 941 r IN -0 V 3 1982 BOOK 51 P,,3 9442 implementation of this Agreement for the collection of sewer service charges where applicable, and shall be exempt from any liability on account of any act performed as such agent in good faith. The Corporation hereby agrees to indemnify County against any loss or damage occasioned by any misinformation given by the Corporation or in case of any acts performed upon the request of the Corporation. 8. It is agreed that either party to the Agreement may terminate this Agreement upon giving thirty (30) days notice in writing to the other party and this contract may be amended from time to time"by agreement between the parties. 9. It is agreed that County shall not be obligated to make any collections until the list of customers, showing respec- tive names, addresses, amount to be billed, and other pertinent data, is furnished by the Corporation, and County shall be entitled to. rely on the correctness and completeness of such list or lists as furnished from time to time, without further inquiry. IN WITNESS WHEREOF, we have hereunto set our hands and seals this 3rd day of November, 1982. APPROVED TO FORM AND LEG UFF EN By G BR ND BURG o n Attorney � BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUN` T'Y ',,'� By ! C DO C. SCURCOCK, ,7R. Chairman ATTEST: `��' --f'1 LL"�LL FREDA WRIGHT, Cle CUSTOMER SERVICE, INC. By TLtn R6��ol, President REPORT ON ACCOUNTING FIRM TO CONDUCT UTILITY RATE STUDY It was reported that various consultants had been contacted as listed in the following memo, along with a statement of Purposes and Objectives: TO: Honorable Indian River Board DATE: October 28, 1982 FILE: of County Commission FROM: Terrance G. Pinto Utilities Director BACKGROUND: SUBJECT: Water and Sewer Cost of Services and Rate Structure Study REFERENCES: At toe Public Hearing for the -amendment to the County Utility- rates, the Board directed the Administrator to receive proposals and quotations from independent consultants to perform a water and sewer cost of services and rate structure study. PROGRESS REPORT: A request for proposals has been sent to the following consultants; 1. May Zima & Company 2. Ernst & Whinney Post Office Box 1311 310 Okeechobee Boulevard Daytona Beach, Florida _West Palm Beach, Florida 33401 3. Arthur Young & Company CNA Tower, Suite 700 255 South Orange Avenue Orlando, Florida 32801 5. Darby, Sheahen & Weissman Suite 2747 One Tampa City Center Tampa, Florida 33602 4. Peat, Marwick, Mitchell & Company One Corporate Plaza 100 East Broward Boulevard Fort Lauderdale, Florida 33301 f The proposals and quotations shall be received by the Administrator on November 10, 1982. A recommendation shall be submitted to the Board for action at the meeting on November 17, 1982. The scope of the study hai been included herewith fc:r the Board's information. The project completion date is set for a draft report with- in 90 das, a final report within 120 days. - L_ NOV 3 1982 116 WK 51 p,6 94,3 0 V 3 1982 BOK 51 F9,44 PURPOSES AND OBJECTIVES The Indian River County Commission proposes to have a comprehensive water and sewer rate study which will include the:following areas: An evaluation of alternative water and sewer cost determination and rate setting philosophies that are available to the County. An evaluation of the advantages and disadvantages of each methodology, and how effective each addresses the pricing objectives of the County. Development of an appropriate method of financing capital replacement and capital expansion. - 'Determination of County indirect costs related to water r, and sewer operations, as well as the costs associated with utility services provided to other departments within the County. Calculation of monthly charges for general water and sewer service which include the following components. - Fixed charge that represents a minimum amount that each customer must pay. - Volume or consumption charge that varies by the amount of water or sewer services used. (Considered in this analysis will be the appropriateness of declining block rates, uniform rates, and inverted block rates.) _ Conducting a bill frequency analysis for the establishment of rate blocks (if a philosophy other than a uniform rate structure is selected). Calculation of the cost to provide public and private -fire protection. (Taking into consideration -a demand charge.) Calculation of the following special service charges: - Water service connection - Sewer service connection - Deposit - Late payment processing and related penalties - Charge for restoration of service to delinquent _ water and sewer customers - Charge to review plans by developers and other customers constructing on-site water and sewer improvements. Determination of a methodology for calculating high strength-=" wastewater surcharges. - M M Development of an effective extension policy for expanding water and sewer services within the County. Included in this analysis would be the calcuaition of an -appropriate capital recovery charge or impact fee. An evaluation of special charge such as impact fees assessment, development fee, ect., for South Beach. Determination of an appropriate policy for providing a "reduction allowance" associated with irrigation water not returned to the sewer. An evaluation of the appropriateness of special charges for the.following classes of customers: - "Lifeline" customers = - Customers located in the South Beach area - Apartment complexes, Condos, Mobile Home Parks (Vista Royale, etc.) - Analysis of the financial impact of the proposed rates on water and sewer customers. Comparison of existing and proposed County water and sewer rates with those of similar operations. Development of a process by which County staff personnel are trained to update rates in future years. 10 copies of draft study will be provided. 15 copies of final study will be provided. Commissioner Lyons inquired if there might not be a duplication in the scope of services since we made the identification of indirect costs part of our auditor's job also. Administrator Wright assured him that staff will make f sure there is no duplication of services, and they would like to know if the Board wished anything further added or deleted. Commissioner Lyons inquired about policy re outside agents collecting; noting that you can pay your City of Vero Beach utility bill at local banks. NOV 3 1982 Administrator Wright stated that will be addressed. 118 I r- NoV3 B 1 �)K 51 �`..; . z.: Commissioner Fletcher discussed the cost of the proposed study, which is estimated between $15,000 and $25,000, and asked Utilities Director Pinto whether our Utilities Department is in a position to generate such a rate study in-house at this time, or if not at this time, in the future. Mr. Pinto stated that they could not generate such a study.at' this time; but he believed that once an accepted methodology is set in place, his department then would be able to generate any future rate studies. Commissioner Fletcher continued to argue the need for hiring consultants, noting that he is in favor of paying money for top quality people to run any department in the county, but he did not like to go out and hire additional experts to do studies to justify a position or lack of a position. Administrator Wright stated that he also is not prone .to hire consultants, but believed that in this case they are needed. -..He noted that while Mr. Pinto has a dozen years of experience in -the utility field and he himself has half that, the proposed consultants have dealt with some things to which he and Mr. Pinto never have been exposed; he, therefore, felt it would be beneficial to bring in someone who has this broad knowledge. FLOATING BOAT DOCK - BLUE CYPRESS LAKE The Board reviewed memo of Engineer Technician Don Finney: Mo 1 -TO: The Honorable Members of DATE: October 26, 1982 FILE: the Board of County Commissioners THRU: Michael Wright, County Administrator SUBJECT: Floating Boat Dock Blue Cypress Lake VIA: James W. Davis, P.E. Public Works Director FROM: Donald G. Finney7�-, REFERENCES: Engineer Technician DESCRIPTION AND CONDITIONS - Application has been sent to the Boating Improvement Trust Program as the Board requested, for funding floating boat dock at Blue Cypress Lake. The engineering design is complete, the plans and specifications are attached. A joint application for a permit to the DER and Corps of Engineers, has also been sent. St. Johns Water Management District does not require a permit per their letter of October 7, 1982. - The estimated cost of construction is $3,654 including County bulkhead work. Letters have been sent'for quotations to five contractors. One quotation was received from Florida Marine Contractors for $2,495 exclusive of the concrete bulkhead, to be built by the County Road and Bridge Department. After conversation with Gator Dock Co. factory representatives, I feel that Florida Marine's quotation is reasonable. ALTERNATIVES AND ANALYSIS The following alternatives are considered: Alternative No. 1 County Road and Bridge Department to build the dock. Alternative No. 2 Florida,Marine Contractors be awarded contract to construct the dock at a price of $2,495. Alternative No. 3 U Deny the project. RECOMMENDATIONS AND FUNDING Recommend awarding contract to Florida Marine Contractors subject to DER/Corps of Engineers permit approval. Waive contractors performance bond, whereas contractor has completed "obs for County previously. pprove funding to come from Florida Boating Improvement Trust and for $3,694.for total project costs. N 01i 3 1982 120 BOOK ' 51 F�,-H 4 7 MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, to award the bid for a floating boat dock at Blue Cypress Lake to Florida Marine Contractors in the amount of $2,495, as recommended. Commissioner Bird reported that he had Engineer Finney extend the cost of -building the dock out of aluminum instead of wood. It not only would cost about $2,000 more, but he did not feel it would preserve the rustic character of the area. Commissioner Fletcher pointed out that the proposal states all "lumber" is hot dipped galvanized, and this should be corrected to read "metal fasteners are" hot dipped galvanized. The Board agreed. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. 12_ - 140arine % Mr. Donald G. Finney r a Engineering Dept, CONTRAaon'Itc P.O. Box 3248 Vero Beach, Florida 32960 (305) 562.1911 Proposal No. 1-329 Sheet No. 1 Date 10/15/82 Proposal Submitted To I Work To Be Performed At ne Indian River County et 1840 - 25th Street Vero Beach Florida Telephone Number J° -' - ,sirkkiMiddleton Fish Camp ^_ Ptk Blue CYpress Lake State_Florida p/am oh. Indian River County Architect We hereby propose to furnish all the materials and perform all the labor necessary for the completion of 1060n0- A 4' x 10' wood ramp will be installed from a concrete slab (supplied by other)to dock. Ramp will be constructed of similar material to dock and have a railing on one side. $2,495.00 EXTRAS (Installed Prices) xuboer bumper - $4.SU per toot 8" Cleats - $10.00 each All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of Two Thousand Four Hundred Ninety Five & 00/100----------------------- Dollars ($ 2,495.00 with payments to be made as follows: Upon Completion Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by Florida Marine Contractors Inc. Respectfully sub Per L William A. GIVrdner, r., President Note — This proposal may be withdrawn by us if not accepted within 30 days ACCEPTANCE OF PROPOSAL The above .Tices, �� ct.ifi4cat ons anal con imare satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment y,�fllI . �jnc }}� Alin agave. ra c!�14 ;cau� Srrl:mutcroz,: �� ..., =) F3 % _ �/_. v " Bfar,drnLUrAccepted Signature Date- � lVo� Signature—t Ron. Sc rlock, Jr. `airman oar of County Comm Toners L_ NOV 3 1982 122 wx 51 N O V 3 1982 BOOK 51 , REQUEST FROM SCHOOL DISTRICT FOR FILL FOR FELLSMERE SCHOOL The Board reviewed memo of Public Works Director Davis: 'TO: The Honorable Members of DATE: October 25, 1982 FILE: the Board of County Commissioners THRU: Michael Wright, SUBJECT: Request from School District of County Administrator Indian River County for County Trucks to Haul Fill in Fellsmere FROM: James W. Davis, P.Ej REFERENCES: James A. Burns, Superintendent Public Works Director to Commissioner Fletcher dater . October 12, 1982 DESCRIPTION AND CONDITIONS The School District is requesting that the County Road and Bridge Department supply large trucks to haul approximately 500 cubic yards of fill to the Fellsmere School from various _ locations within the Fellsmere Farms Water District. ALTERNATIVES AND ANALYSIS The County has six (6) large trucks (12 ,cy) available to per- form this work, however, various ongoing jobs require use of these vehicles. Due to the abnormally wet year Indian River County has experienced, drainage and road work is the primary focus at this time. Furthermore, the voting season has re- quired much Road and Bridge personnel time to move the voting machines. The following alternatives are presented: Alternative No. 1 The cost of renting outside trucks from local contractors to perform this work is approximately $2000. Since county trucks cannot be spared to perform this work in a short time frame, perhaps the School District could contract with'a local firm. If this is not feasible, it is possible that Road and Bridge can perform this work as time and equipment is avail- able, as determined by the Road and Bridge Superintendent. Alternative No. 2 Authorize the Road and Bridge Department to perform this work. If this is required at the present time, much needed Road and Bridge work will go unattended. RECOMMENDATIONS AND FUNDING It is recommended that Alternative requesting the School District to to perform this work. If this is Road and Bridge Department to haul intendent can direct trucks to do basis. 123 No. 1 be approved, thereby seek an outside contractor not possible, authorize the the fill only as the Super - so, probably on an irregular Mr. Davis reported that he has been in touch with the School Board to determine if they have the capability of putting the fill in the trucks, and they do not have that capability. A great deal of conversation followed regarding the amount of fill needed, the question of personnel and equipment required, the time element, etc. Sam Hunter, Assistant to Superintendent Burns, felt that 500 cubic yards was an accurate figure and verified that the school campus needs raising. Commissioner Bird felt it we had a loader, the job could be done in one day using all six trucks and asked if we are on such a tight schedule that we could not commit ourselves to one day for this project. Mr. Davis pointed out that Public Works is behind not only due to the rainy season and moving of the voting machines, but they have had 27 projects during the last month not really related to Roads & Bridges, which does hinder their own operation. He further did not know until yesterday that they also wanted the County loader, which would make the $2,000 figure inaccurate. Mr. Hunter reported that the School Board envisioned that the County would do the hauling, lifting, etc., - in effect, perform the whole task. The School workers would spread the fill. Discussion ensued as to the timing involved, and Administrator Wright felt if Road & Bridge were to do this, it would be better to do it all at once and then move on to another job. Mr. Hunter stated that the School Board would like to have the fill whenever they can get it. Motion made by Commissioner Fletcher to accept Alternative No. 1 and rent outside trucks died for lack of a second.. OV 3 1982124 K 51 rAa 95-I w 0v 3 1982 *K 51 Cs - MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Wodtke, to authorize the Road & Bridge Department to provide the school system with up to 40 loads of fill for the Fellsmere School to be hauled at their discretion prior to January 1, 1983. Commissioner Wodtke stated that he would like to pursue the possibility of having one of.the Drainage District draglines load our trucks, and Mr. Hunter commented that he has done some checking and believed this is possible. Administrator Wright recommended that the Public Works Director work this out. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. WEST ROSELAND WATERSHED AREA DRAINAGE STUDY Public Works Director Davis explained that the above drainage study describes existing watershed conditions, provides alternative solutions, and indicates preliminary cost estimates for the respective alternative plans. The three alternatives are presented as follows, with a projected cost of $136,000 for Alternative One; $189,000 for Alternative Two; and $135,700 for Alternative Three: _ 12_ - VI. Alternatives The following alternatives are presented: Alternative One: Excavate channel along the County/City of Sebastian line with outfall ditches from this canal to the Sebastian River. The channel should be located along the County/City of Sebastian line extending from the northeast line of Tract 37 to the southwest line of Tract 43 of A.A. Berry Subdivision, Section 22 Fleming Grant. From this canal, one outfall ditch will run to the Sebastian River. The optimum location for this ditch would be along the tract line of Tracts 38 and 39 from the channel to Roseland Road. Beneath Roseland Road, two 36" reinforced concrete pipe culverts should.be placed with headwalls. From Roseland Road to the river, a channel should run along the tract line to Tracts 34 and 35. (See Figure 2) Alternative Two: Construct the same channel along_ the City/County line as in Alternative One above. From.this canal two outfall ditches would be along the tract line of Tracts 39 and 40 -and along the northeast tract line of Tract 37 from the canal to Rose- land Road. At Roseland Road the outfall ditches should have a 36" reinforced concrete pipe culvert -with headwalls. From Roseland Road to the river these ditches should run along the tract line of Tracts 33 and 34 and along the northeast tract line of Tract 36. (See Figure 3) Alternative Three: Construct the same channel on the City/County line as proposed in Alternatives One and Two. Also, construct the same two outfall ditches from the canal to Roseland Road as Alternative Two. Once the water has gottor. to Roseland Road it will be routed into three culverts that exist under Roseland Road at the present time. One of these culverts -is pre�en'tly an 18,1 reinforced concrete pipe. It will have to be replaced by two 36" reinforced concrete pipes with head malls. The other two exsiting pipes are sufficient to carry design flows. (see Figure 4) Public Works Director Davis reported that the Depart- ment of Environmental Regulation prefers Alternative Three whereby we would not significantly alter that drainage pattern between Roseland Road and the Sebastian River, which is a natural flood plain. He continued that they are not 126 WK 51 rif,,Gf 953 N 0 V 3 1992 rOK 5 n� � NOVN OV 3 1982 1 f�}�, x.54 recommending any funding at this time, but just providing some estimates to give the Board a feeling for what is involved. Mr. Davis did feel that securing the needed easements is very important. Discussion ensured regarding funding and the fact that possibly 50% of this area is in the City of Sebastian. It was felt that we should get the City to agree to Alternative Three: and hopefully secure needed easements in the meantime. Mr. Davis indicated that he has had some negative responses re the donation of easements.* He also noted that he has sent the City of Sebastian the report and requested comments, but so far has not received any. Commissioner Fletcher felt there is an opportunity to gain some of the needed easements right now; he believed 90% of them are attainable and felt we should pursue this, but wished to know if securing the easements obligates us to proceed. Attorney Brandenburg stated that there would be no obligation unless at the time the Board obtains the easement, they promise the property owner they will dig the canal; if they simply state that the easements are needed, for some time in the future, there is no obligation. Commissioner Bird pointed out that the easements do not match up on all the alternatives; so, we need to determine which way we want to go. Chairman Scurlock believed we need to authorize someone to talk to the City of Sebastian. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously authorized Commissioner Fletcher and staff to discuss this matter with the City of Sebastian as discussed above. � � r - M M Brandon Timm, long time resident of Sebastian, came before the Board on behalf of himself and his mother, who is a 20 year resident of Roseland. He believed the County Commission should take a long and exhaustive look at the drainage situation in the North County. He then spoke of the problems he has had had at his property on Central Avenue in Sebastian since Oyster Point and Oyster Bay were built, noting that the original plans called for the water to be channeled into the old DOT right-of-way, which was an open ditch but was converted into storm drains. Both water systems are supposed to go into the Indian River, but Mr. Timm stated that he gets all the water and always has several feet of water in his back -yard. Mr. Timm then spoke of the drainage problems encountered by his mother who lives in a mobile home on Haven View in Roseland. He noted that she never had any problems in the past, but iri the last year, new mobile home properties came in and built driveways to their lots without culverts with the result that she gets all the water on her lot, which has caused her much expense. Mr. Timm believed many more such situations will be found and felt that the Zoning Departments are not doing their job. Chairman Scurlock pointed out that the County does not have any jurisdiction over the City of Sebastian, but if someone has altered the DOT right-of-way, he believed Mr. Timm would have some recourse. Mr. Davis reported that the Road & Bridge superin- tendent did meet with Mr. Timm's mother and will contact people about getting culverts in there. INTRODUCTION OF CONGRESSMAN BILL NELSON Chairman Scurlock introduced newly elected Congressman Bill Nelson to the Board. The Congressman thanked everyone and stated that he was looking forward to a good relationship with the Board. NOV 3 1982 128 K 51 r-hUEg55 r NOV 3 1982 soK ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board'unanimously extended the meeting to 5:30 P.M. 5 JAIL IMPROVEMENTS - PARTIAL PAYMENT SECURITY FENCING — The Board reviewed the following memo: "TO: The Honorable Members of DATE: October 25, 1982 FILE: the,Board of County Commissioners THRU: Michael Wright, County Administrator SUBJECT: Jail Improvements- Request for Partial Payment - Security Fencing FROM: James W. Davis, P. El REFERENCES: Public Works Director - DESCRIPTION AND CONDITIONS Martin Fence Company is requesting partial payment in the amount of $16,425.00 for completed fencing work at the County Jail. The company has a contract with the County dated Sep- - tember 17, 1982 to construct a secure, electrically operated sally port. ALTERNATIVES AND ANALYSIS Inspection of the fencing work on October 22, 1982 by the Public Works Director and the Jail Administrator revealed that the fencing work is complete with the exception of window protection around the Second Floor Maximum Security area and control work for the fencing controller. Since this work represents approx- imately 150 of the work, it is the staff's opinion that this 15% should not be paid at this time. Futhermore; it is recom- mended that 10% be withheld until final inspection. RECOMMENDATION AND FUNDING s It is recommended that a partial payment be made to Martin Fence Company in the amount of $13,961.25 which represents work completed to date. Funding to be from account #001-906- 523-66.39, unencumbered balance is approximately $50,000. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously authorized partial payment to Martin Fence Company in the amount of $13,961.25, per the recommendation in memo dated October 25, 1982. 129 STABILIZATION OF THE SHORELINE ALONG JUNGLE TRAIL Public Works Director Davis reviewed the following memo and recommendation: 'TO; The Honorable Members of DATE: October 25, 1982 FILE: the Board of County Commissioners THRU: Michael Wright, County Administrator SUBJECT: Stabilization of the Indian. River Shoreline along Jungle Trail at ��ii River Bend Mrs. Ruth Standbridge d( Chairman, Scenic Trails Committee FROM: James W. Davis, P.E. , REFERENCES: Public Works Director _ DISCRIPTIONS AND CONDITIONS The Scenic Trails Committee (Mrs. Ruth Standbridge, Chairman) and the 'Public Works Division staff have recently investigated alternative methods for stablizing the east bank of the Indian_ River along Jungle Trail, most specifically at the River Bend area south of CR 510. Since severe erosion due to boat wake has occurred at this location, corrective action needs to be considered immediately. ALTERNATIVES AND ANALYSIS Investigation of shoreline stabilization methods have produced the following alternatives: Alternative No. 1 Authorize the Engineering Department to apply,for DER/Corps. of Engineers dredge and fill permits to stabilize a 150 ft. to 250 ft long test section of shoreline with an erosion control produc, of the Armorflex, Terrafix, or similar such brand. In communications with Engineered Systems and Services, Inc. (ESS) of Boca Raton, Florida, the Scenic Trails CommAtee and Public Works Division have determined that such a method would probably be the mos -t effective, environmentally safe for plant and animal species, and cost effective. The t-ost of the project should be approximately $4.00 per square foot. It is anticipated that a 200 lineal foot section be constructed 130 16- N 0 V 3 1982 WK 51-rt,�% 05'7 r N 0 V 3 1982 51 2 for approximately $10,000. Funding can be considered at a later date'after permits are obtained, probably from Road and Bridge Division currently budgeted funds such as the Road and Bridge Materials account. Alternative No. 2 Attempt to stabilize the shoreline with clean concrete and other construction material as it .becomes available. This method may be pursued with the DER, but plant species such as mangrove•dd not thrive as well as with the Armorflex type protection. The material also tends to shift and does not provide a uniform, homogenious protection. RECOMMENDATIONS AND FUNDING It is recommended by the Scenic Trails Committee and Public Works Director that the Engineering Department be authorized= to seek permits from the Regulatory Agencies for installing a 200 lineal foot test section of Armorflex (precast concrete erosion control product). At the same time,: =the Engineering Department be authorized to apply for permits to place clean fill (Rip Rap) along the River Bend area. There is no funding to be considered at this time except for permit application fees. Funding to be from budgeted'Engineering and Road and Bridge Department funds. Mr. Davis emphasized that they are not requesting funding:at this time, but they just wish permission to get the dredge and fill permits, which takes quite a while. Richard Van Slyke of Florida Land Company requested that the Board table this matter. He explained that Florida Land did not know this was on the agenda and would like their engineering staff to look through the material; they feel the alternatives recommended are not really acceptable a,iternatives for several reasons. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, to table discussion of stabilization of the shore- line along Jungle Trail until the next meeting. 1= Mr. Van Slyke continued that Florida Land would like to have a representative of their company work with staff on this matter. He noted that they have put a good bit of time and effort into this same problem. They would like the Scenic Trail Committee to consider their recommendation about planting mangroves in boxes along the shoreline, which is a natural stabilization. Commissioner Lyons commented that he would like this to be done in the most effective and ecological way and he believed this should be researched further. THE CHAIRMAN CALLED FOR THE QUESTION on the Motion to table. It was voted on and carried unanimously. PURCHASE OF LAND CLEARING RAKE The Board reviewed the recommendation of the Public Works Director, as follows: "TO: The Honorable Members of DATE: October 20, 1982 FILE: the Board of County Commissioners THRU: Michael Wright, County Administrator SUBJECT: Request to Purchase Land Clearing Rake for County Front End Loader FROM: James W. Davis, P.E. , REFERENCES: Public Works Director DESCRIPTION AND CONDITIONS Due to an increase in the demand for clearing various County rights-of-way (e.g. 8th St.), lot clearings, park and easement work, etc., the Road and Bridge Department is in need_ of a land clearing rake for the new International Harvester Front End Loader. This cost was not budgeted during the budget hearings, however, it is anticipated that the cost of the rake, approximately $5000 -can be absorbed in the approved.Other Equip- ment budget (unencumbered balance as of October 20, 1982 is $15,450). NOV 3 1982 132 wK 51 F" ;A59 NOV 3 1982 ALTERNATIVES AND ANALYSIS The alternatives are: Alternative No. 1 K 51 Pf„r Authorize the Road and Bridge Department to advertize for bids to purchase the rake at a cost of approximately $5000. This will increase the Road and Bridge Departments's produc- tivity and flexibility. Funding to be by currently budgeted funds in Account No. 004_214-541-66.49 Other Machinery and Equipment. Budgeted amount is $15,450 Alternative No. 2 Deny purchase of the rake. RECOMMENDATIONS AND FUNDING It is recommended that Alternative No. 1 be approved and the Road and Bridge Department be --authorized to publicly advertise for bids to purchase a Front End Loader Rake. Funding to be from Road and Bridge Department Account #004-214-541- 66.49 (unencumbered balance $15,450). MOTION WAS MADE by Commissioner Bird, SECONDED by Commissioner Lyons, to authorize bids for pur- chase of a Front End Loader Rake as recommended by memo dated October 20, 1982. Commissioner Fletcher inquired about the lot clearing mentioned and asked if we are doing lot clearing with our equipment or whether we bid that out. Mr. Davis explained that the lot clearing referred to pertained to the clearing of the LaFever property where we recently obtained easements for 8th Street. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. APPOINTMENT TO TREASURE COAST REGIONAL PLANNING COUNCIL The Board reviewed the memo of Commissioner Lyons: � r � MEMORANDUM TO: Don C. Scurlock, Jr3 FROM: Patrick B. Lyo s a DATE: October 25, 19 2 SUBJECT: Appointments to Treasure Coast Regional Planning Council I know that Mr. Todd'feels that one year on the Planning— Council lanningCouncil is insufficient to -become -fully effective and that he would like to serve a second year. I would like to see us convey this to the other municipalities and see if they would have any objection to him remaining as the municipal representative for an additional year. Commissioner Lyons commented -that we previously have rotated this appointment everyyear, and he would now like to determine if there is any objection to changing—this practice. Commissioner Bird favored the idea of the Regional Planning Council appointee serving two years rather than changing every year. ON MOTION by Commissioner Fletcher, SECONDED by Commissioner Lyons, the Board unanimously authorized the Chairman to ask the municipalities if they have any objections to the reappointment of Mr. Todd to Treasure Coast Regional Planning Council and whether they would prefer two year f terms in the future. DISCUSSION OF HUMANE SOCIETY Commissioner Lyons reported that he has received a request from the Humane Society in regard to negotiating once again about a location for their building. He reminded the Board that some time ago we had a piece of property rezoned across from the County garage so the Humane Society �� 3 1982 134 wx 51 961 rNOV 3 198 8 f (1K51 could build there, and he believed one of the reasons this never came about is that they realized there was no water. He asked that the Board give some consideration to the possibility of supplying water to that property from the County garage. This would be supplied in turn for the Humane Society supplying certain services to the County. Chairman Scurlock believed it would be good to reestablish the relationship and noted that the Humane Society now has a new president. Commissioner Fletcher suggested it might be more economical to put in a well, but it was pointed out that a shallow well would not work because of the Landfill previously located on this property. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously authorized Commissioner Lyons to negotiate with the Humane Society regarding the property at the old Landfill across from the County garage. RESIGNATION FROM BEACH PRESERVATION.AND RESTORATION COMMITTEE Commissioner Wodtke reported that he has been in touch with Mrs. Link of Harbor Branch, to try and find a replace- ment for Mr. Jones, who has resigned from the Beach Preser- vation and Restoration Committee, and he will come back to the Board with a recommendation for a replacement. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously accepted the resignation of Robert Jones from the Beach Preservation and Restoration Committee and authorized sending Mr. Jones a letter of appreciation. NAMING OF BEACH ACCESS AREAS ON NORTH BEACH Commissioner Bird reviewed the following memo: TO: Board of County DATE: QctQ.ber 27, 1982 FILE: Commissioners FROM: Dick Bird, Commissioner SUBJECT: Naming . of Beach Access areas on North Beath REFERENCES: At the next regular meeting, under my matters, i will be. asking you to cgnsider naming our twq'new beach accesses on the North beach. As these become increasingly. more - popular, I feel they s-hould be given a name fgr_.refej^�ence purposes tf nothing more. The Parks and Recreation Committee asked through the media for public input in suggesting various names. The response was very gratifying and we had approximately twenty (-20). names recommended -to us by the public and members of the Committee. After much discussion it was the recommendation of the Parks and. Recreation Committee that the northernmost access be named Seagrape Beach,.and the southern most access be named Turtle Trail Beach. If the Commission agrees with this recommendation, approppriate signs will be prepared and erected at the sites,and perhaps some official naming ceremony will be scheduled. Commissioner Lyons commented that the Town,of Indian River Shores has no zoning for parks, and he suggested that the beach accesses be named as streets. Commissioner Bird noted that is why they called them f "beach," but he agreed that they could be named Seagrape Trail and Turtle Trail instead. � NOV 3 1982 ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously agreed to name the northernmost beach access Seagrape Trail and the southernmost access Turtle Trail. 136 BOOK 51 FA 19F63 r NOV 3 1982 DOCUMENTS TO BE MADE PART OF THE MINUTES @ K 51�� - 6 F'tila�: 4 Fully executed Agreement with Bain Underground Utilities as approved at the meeting of February 17, 1982, was received and put on file in the Office of the Clerk. The following Proclamation designating October 3-9, 1982, School Bus Safety Week was presented to the Indian River.Co4inty School Board on October 1, 1982, and is hereby made a part of the Minutes. P RO C LA,12AT I O N WHEREAS, School Bus Safety Week will be observed nationwide during the week of October 3-9, 1982; and WHEREAS, the outstanding safety record of the school bus drivers in transporting over 700,000 students daily in Florida merits public commendation and recognition; and WHEREAS, safe student transportation on school buses has acquired.great'importance due to the increasingly heavy traffic on our streets and highways throughout the State; and WHEREAS, School Bus Safety Week is an ideal time for all citizens to dedicate themselves to promote safety on our streets and highways by exercising caution and courtesy in driving; and WHEREAS, the Governor of the State of Florida has prociaimed October 3-9, 1982 a -s School Bus Safety Week in Florida; NOW, THEREFORE, the Indian River County Board of County Commissioners, do hereby proclaim October 3-9, 1982 as SCHOOL BUS SAFETY WEEK in Indian River County, this 1st day of October, 1982. Attest: FREDA WRIGHT, C�,erk BOARD OF COUNTY COINIUMISSIONERS OF INDIAN RIVER COUNTY, FLORIM BY DON -C . SCURLOCK , J R . Chairman M PA0, 5 r NOV 3 1982 Resolution 82-110, FST Partnership Sewerage System Franchise (Meadows Subdivision) is hereby made a part of the Minutes as approved at the Regular Meeting of October 20, 1982. f 139 RESOLUTION NO. 82-110 BE IT RESOLVED by the Board of County Commissioners of Indian River County, Florida: e�"^m TA*T T This Resolution shall be known and may be cited as the FST Partnership Sewerage System Franchise (Meadows Subdivision). SECTION II For the purpose of this Resolution, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words using the present tense include the -future, words in the plural number include the singular and vice versa. The word "shall" is always mandatory. (a) "County" is Indian River County, a political subdivision of the State of Florida. (b) "County Engineer" may be "County Administrator," or "Utilities Director." (c) "Corporation" is the Grantee of rights under this franchise, to wit: FST Partnership. County. (d) "Board" is the Board of County Commissioners of the (e) "Person" is any person, firm, partnership, association, corporation, company or organization of any kind. (f) "Territory" means the area located in.Indian River County, Florida outside the corporate limits of any municipality as the same is more particularly defined and described herein. (g) Sewerage System" shall mean and include any plant, system, facility or property used or useful or hapizrg the present capacity for the future use in connection with the collection, treatment, purification or disposal of sewage effluent and residue for the public and without limiting the generality of the foregoing definition shall embrace treatment plants, pumping stations, interception sewers, pressure lines, mains, laterals and all necessary appurtenances and equipment and shall include all property rights, easements and franchises relating to any such system and deemed necessary or convenient for the operation NOV 3 1982 K 51 mGE9 7 82 S thereof. (h) "Service" means supplying to a user the collection of sewage and the treatment of same. (i) "Hookup and/or Connection" i's the connecting of potential user's property to the sewerage system in order to utilize the Corporation's services. SECTION III There is hereby granted by the County to the Corporaitan the non-exclusive franchise, right and privilege to erect, constructs operate and maintain a sewerage system within the described territory as herein provided and for these purposes to charge for gollection and disposal of sewage within the territory, and for these purposes to establish the necessary facilities and equipment and to lay and maintain the necessary lines, pipes, mains and other appurtenances necessary therefor in, along, under and across the public alleys, streets, roads, highway and other public places of the County; provided, however, that the County reserves the right to permit the use of such public places for all other lawful purposes and subject always to the paramount right of the public in and to such public places. .-The Corporation shall, at all times during the life of this franchise, be subject to all lawful exercise of the police power and regulatory authority of the County and to such regulation as the County shall hereafter by resolution provide. The Corporation shall supply the County with copies of its Department of Environmental Regulation monthly operating reports and trouble reports, if any. - The right is hereby reserved to the County to adopt, in addition to the provisions herein contained and existing applicable resolutions or laws, such additional regulations as it shall find necesary in the exercise of the police power and lawful authority vested in said County, provided that such regulations shall be reasonable and not conflict with the rights herein granted and not in conflict with the laws of the State of Florida. The County shall have the right, but not the duty, to supervise all construction or installation work performed. -2- M I M SECTION IV The territory in which this franchise shall be applicable is all that part of Indian River County, Florida, located within the following described boundary lines, to wit: Being a portion of the following described parcel of land; The West 670 feet of Tract 13, Section 15, Township 33 South, Range 39 East, as shown on Plat of Indian River Farms Co., as recorded in Plat Book 2, Page 25, St. Lucie County, Florida; as more particularly described as follows: The West 188.0 feet of the Southerly 964.92 feet of Section 15, Township 33 South, Range 39 East, less and except the Southerly 30 feet for Road Right of Way of R. D. Carter Road (1st Street S.W.) and less and except the Westerly 25 feet of Section 15, Township 33 South, Range 39 East, all lands lying and being in Indian River County, Florida. SECTION V It is expressly understood and agreed by and between the Corporation and the County that the Corporation shall save the County and members of the Board harmless from any loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever resulting from negligence, or intentional wanton, willful and reckless acts on the part of the Corporation in the construction, operation or maintenance of the sewerage system under the terms of this franchise. The parties agree that in the construction of this section, the claim of any person resulting from negligence on the part of the Corp6ration may be prosecuted directly by such person against the Corporation. The County shall notify the Corporation promptly after presentation of any claim or demand. ' SECTION VI The Corporation shall maintain and operate its sewage plant and system and render efficient service in accordance with the rules and regulations as are or may be set forth by the Board from time to time, which shall include but not be limited to -3 NOV 3 1982 mac` 51 rpu- 999 r NOV 3 Y51 970 "Construction Specifications for Water Distribution and Sewage Collection Facilities" promulgated by Indian River County Utilities Department, July, 1980, or as amended. The County shall require the Corporation to comply with the above standards. Prior to the issuance of a construction permit, the Corporation's project engineer shall certify to the County that the design standards as set forth in said "Construction Specifications" of the Indian River County Utilities Department, July, 1980, or as amended, will be met by completion of the project as shown on the 1 plans submitted. The Corporation shall cause said certification to be submitted to the County along with the Florida Department of Environmental Regulation applications and plans, for County review. Submission to the County for review may occur simultaneously with submission of said documents to the Florida Department of Environmental Regulation. Upon approval by the County of the plant and system, a permit shall be issued to the FST Partnership for the construction thereof. Upon the completion of all construction of the sewage treatment plant and collection system, the project engineer for the Corporation shall certify, under seal, that the systems have been constructed substantially in accordance with the plans and specifications previously approved and that the systems meet all of the standards required by the County. The Corporation shall also submit to the County two sets of "as -built" drawings, consisting of one set in reproducable vellum and one set of regular blueprints. Upon receipt of certification from the engineer the County will issue a letter acknowledging the construction of the sewerage system. No service is to be provided to customers until such time as the County issues a letter of acknowledgement. The issuance of said letter shall not be unreasonably withheld. Corporation shall grant necessary easements to County without charge to connect the sewerage system to County's Master Sewerage System and such easements as are necessary to provide access to the sewer system. The Corporation shall pay a $1,000.00 franchise application fee at the time of the submission of the franchise resolution. The Corporation shall design all facilities within the Franchise Area to conform to the Indian River County Master Plan for utilities, when applicable. SECTION VII All of the facilities of the Corporation shall be constructed in accordance with the plans and specifications approved by the Department of Environmental Regulation of the State of Florida and the quantity and quality of collection and disposal of sewage shall at all times be and remain not inferior to the quality standards for public sewage collection and other rules, regulations and standards now or hereafter adopted by the Department of Environmental Regulation of the State of Florida, or other governmental body having jurisdiction. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs or installations, the Corporation shall do so at such times as will cause the least amount of inconvenience to its consumers and, unless *such repairs are unforeseen and immediately necessary, it shall give not less than five (5) days' notice thereof to its consumers for non -emergencies. SECTION VIII (a) The Corporation shall have the authority to promulgate such rules, regulations, terms and conditions covering the conduct of its business as shall be reasonably necessary to enable the Corporation to exercise its rights and perform its obligations under this franchise and to issue an uninterrupted service to each and all of its consumers; provided, however, that such rules, regulations, terms and conditions shall hot be in conflict with the provisions hereof or with the laws of the State of Florida and all of the same shall be subject to the approval of the Board. (b) If in the judgment of the Board of County Commissioners, any of the provisions of (a) above are unreasonable, the Corporation, before discretionay action is taken by the Board of County.Commissioners, can request said Board that a group of arbitrators be appointed and_such group shall consist N 0 V 3 -5- s(51 FnE 971 �� Nov 3 1982 of -,, 1. County Engineer 2. Corporation Engineer 3. One person selected by the above two persons ' 5 and this Board of Arbitrators shall make recommendations to the Board of County Commissioners, but such recommendations are not mandatory. Any final decision the Arbitrators or Board may have with respect to this franchise can be appealed to the Circuit Court of Indl an River County by either party. SECTION IX All sewer mains and manholes and other fixtures laid or placed by the Corporation for the sewerage system shall be so located in the dedicated easements in the County after approval by County Engineer so as not to obstruct or interfere with other uses made of such public places already installed. The Corporation shall, whenever practicable, avoid interfering with the use of any street, alley or other highway where the paving or surface of the same would be disturbed. In case of any disturbance of County -owned pavement, sidewalk, driveway or other surfacingr the Corporation shall, at its own cost and expense and in a manner approved by the County Engineer, replace and restore all such surface so disturbed in as good condition as before said work was commenced and shall maintain the restoration in an approved condition for a period of one (1) year. In the event that any time the County shall lawfully elect to alter or change the grade or to relocate or widen or otherwise change any such County -owned right-of-way, the Corporation shall, upon reasonable notice by the County, remove, relay, and relocate its fixtures at the Corporation's expense in the ordinary course of business. The Corporation shall not locate any of its facilities or do any construction which would create any obstructions or conditions which are or may become dangerous to the traveling public. In the event any such public place under or upon which the Corporation shall have located its facilities shall be closed, abandoned, vacated or discontinued, the Board may terminate such easement or M Ma license of the Corporation thereto; provided, however, in the event of this termination of easement, the party requesting such termination shall pay to the Corporation, in advance, its cost of removal and relocation of the removed facilities in order to continue its service as theretofore existing, or the County shall retain an easement not less than ten (101) feet in width for the benefit of the Corporation and its facilities. SECTION X The Corporation shall not, as to rates, charges, service facilities, rules, regulations or in any other respect, make or grant any preference or advantage to any person or subject any person to any prejudice or disadvantage. SECTION XI (a) The Corporation shall furnish, supply, install and make available to any and all persons within the territory making demand therefor, its public sewerage system, and shall provide such demanding person with its services and facillties provided, however, that the Board may, upon application of the Corporation, extend time for providing such service to such demanding person. In the event the Corporation fails to provide its services and facilities as a sewer system to any area within the territory withinthe time specified by the Board, then in such event the County may, by resolution of the Board, limit, restrict and confine the territory to that area then being serviced by sewerage by the Corporation or such greater areas as the Board shall determine; and thereafter, the territory shall be only the area set forth, in the resolution adopted by the Board. (b) The Corporation shall not be requited to furnish, supply, install and make available its public sewerage system to any person within the franchise area unless the same may be done at such a cost to the Corporation as shall make the addition proposed financially feasible. Financially feasible shall mean that a fair and reasonable rate shall be realized by the Corporation for all its services under this franchise; that such rate of return on the net valuation of its property devoted thereto under efficient and economical management. ` -7- NOV 7- N0V 3 1982 42 The burden of 51 PAu 973 NOV 3 wK 51 showing that a prospective service to the area is not financially feasible shall be the burden of the Corporation. SECTION XII The Corporation or its Shareholders shall not sell or transfer its plants or systems or corporate stock to another or transfer any rights under this franchise to another without the approval of the Board. No such sale or transfer after such approval shall be effective until the vendee, assignee or lessee has filed with the Board an instrument in writing reciting the fact of sdch)transfer and accepting the terms of this franchise and agreeing to perform all of the conditions thereof. In any event, this franchise shall not be transferable and assignable until notice or request for transfer and assignment shall be given by the Corporation to the Board in writing accompanied by a request from the proposed transferee, which application shall contain information concerning the financial status and other qualifications of the proposed transferee and such other information as the Board may require. A public hearing shall be held on such request, of which notice shall be given by publication in a newspaper regularly published in the County at least one-time not more than one month or less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. The Board shall act within ninety (90) days upon such request. The consent by the Board to any assignment of this franchise shall not be unreasonably withheld. Any sale or transfer by the Corporation or Shareholders of the Corporation taking place contrary to the terms and conditions of this paragraph shall be considered by the Board to be a default by the Corporation under this franchise agreement and subject this franchise to termination. SECTION XIII Corporation warrants adequate capacity to service existing or anticipated customers and agrees not to provide sewerage service unless adequate capacity is available at the time any new connection is made. SECTION XIV The rates charged by the Corporation for its service -8- hereunder shall be fair and reasonable and designed to meet all necessary costs of the service, including a fair rate of return on the net valuation of its properties devoted thereto under efficient and economical management. The Corporation agrees that the County has the authority to enter into this franchise agreement and the regulation of said corporation. Corporation agrees that it shall be subject to all authority now or hereafter possessed by the County or any other regulatory body having competent jurisdiction to fix just, reasonable and compensatory rates. When this franchise takes effect, the Corporation shall have authority to charge and collect but not to exceed the following schedule of rates; SEWER RATE RESIDENTIAL & COMMERCIAL $10.00 per month.per each residential or commercial unit CONNECTION CHARGES/Capacity Demand Fee Connection charges for Sewer service is $350.00 per Equivalent Resident Connection (ERC). For the purposes of this rate schedule, one Equivalent Residential Connection is equal to 350 gallons per day of water consumption or wastewater to be treated. One condominium unit is equal to 250/350 of an ERC or 71.43% of an ERC. The Corporation hereby agrees to pay to the County a franchise fee in the amount of 3% of the Corporation's annual gross receipts, derived from monthly service charges to defray the cost of regulation and for use of County rights -of, -way and public places. The Corporation shall pay the 3% franchise fee quarterly. r The Corporation shall supply the County with a copy of the Corporation's Annual Report and financial statements. Also, a letter from a CPA certifying that the 3 percent franchise fee and the 2-1/2 percent renewal and replacement account has been collected and disbursed in accordance with the terms of this agreement. SECTION XV Maintenance Escrow Charges and County Takeover (A) Ten percent (10%) of the gross rates charged and -9- "P Lvov 3 1982 i mnv9 1 9 _ received shall be placed in a second County interest bearing account and accumulated until the balance reaches FIVE THOUSAND ($5,000.00) DOLLARS for a maintenance account. The balance of the account may be adjusted by the Board of County Commissioners at such time as the need arises due to inflationary repair or replacement costs or other unforeseen costs. Said funds shall be used as a sinking fund and applied only for repairs and/or replacement of the sewerage system by the Partnership as the need arises. County is granted the right to make necessary repairs using said funds in the event of default on the part of Partnership in maintaining the quality standards established herein. (B) At any time Indian River County is in the position to service the franchise area, the Corporation shall, upon the demand of County, convey all of its collection and treatment system to the County by customary and sufficient means of conveyance without charge or cost to the County. Partnership shall, in addition, grant all necessary easements to County without charge to connect the sewerage system to the County's sewerage system and such easements as are necessary to provide access to and use of the sewer system. It is understood that County, in addition to other options, may combine the system franchised by this resolution with other package plants in the area and to do so may utilize some or all of the facilities provided by Corporation after making the demand to turn the system over under this paragraph. Corporation agrees that the initial deed conveying title from developer to reflect owner of each unit shall contain language to the effect that the sewerage system may become part of the County system in the future and unit owners may become subject to standard County rates and impact fees. SECTION XVI The Corporation shall at all times maintain public liability and property damage insurance in such amounts as set forth in Exhibit A attached hereto and incorporated herein by reference. The Corporation shall cause County to be duly notified by the Insuror in the event of any modifications or deletions of the insurance as set forth in said Exhibit A. Said amounts shall be required from time to time by the Board in accordance with good business practices as determined by safe business standards as established by the Board for the protection of the County and the general public and for any liability which may result from any action of the Corporation. If any person serviced by the Corporation under this franchise complains to the Board concerning the rates, charges and/or operations of such utility and the Corporation, after request is made upon it by the Board, fails to satisfy or remedy such complaint or objections as not proper, the Board may thereupon, after due notice to such utility, schedule a hearing concerning such complaint or objection and the Board may review same according to the provisions herein. If the Board enters its order pursuant to such hearing and the Corporation feels it is aggrieved by such order, the Corporation may seek review of the Board's action by proceedings in the.Circuit Court of the County; otherwise, the Corporation shall promptly comply with the order of the Board. SECTION XVII Should the Corporation desire to establish rates and charges or should the Corporation desire to increase any charges heretofore established and approved by the Board, then the Corporation shall notify the Board in writing, setting forth the schedule of rates.and charges which it proposes. A public hearing shall then be held on such request, of which notice shall be given by publication in a newspaper regularly published in said County at least one time not more than one month or less'than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. Said hearing may thereafter be continued from time to time as determined by the Board. If the Board enters an order pursuant to such hearing and the Corporation or any person feels aggrieved by such order, then the Corporation or such person may seek review of the Board's action by proceeding in the Circuit Court of the County. The Board shall act on the rate request within ninety (90) days. -11- "% NOV 3 I NOV 3 1982 WK 51 SECTION XVIII Prior to the Corporation placing any of its facilities in any of the public places as herein authorized, the Corporation shall make application to and obtain a permit from the County Engineer authorizing said construction in the same manner as permits are authorized in the County for the use of the public roads as shall now or hereafter be established by regulations of the County. The County shall have the right when special circum- stances exist to determine the time in which such construction shall be done. SECTION XIX If the Corporation fails or refuses to promptly and faithfully keep, perform and abide by the terms and conditions of this franchise, then the Board shall give the Corporation written notice of such deficiencies or defaults and a reasonable time within which the Corporation shall remedy the same, which notice shall specify the deficiency or default. If the Corporation fails to remedy such deficiency or default within the time required by the notice from the Board, the Board may thereafter schedule a hearing concerning the same with reasonable notice thereof to the Corporation, and after such hearing at which all interested parties shall be heard, the Board may levy liquidated damages of $50.00 per day that said deficiency or default exists from the date of said hearing held by the Board; and the Board may further limit or restrict this franchise or may terminate and cancel the same in whole or in part if proper reasons thereby are found by the Board. If the Board enters an order pursuant to such hearing and the Corporation or any other person feels aggrieved by such order, the utility or such other person may seek review of the Board's action by proceedings in the Circuit Court of the County. SECTION XX County shall have the right, but not the duty to make necessary inspections during construction and quarterly thereafter at the cost of TWENTY ($20.00) DOLLARS per unit as covered by the permit fee herein to be paid by the Corporation. The utility or corporation, as the case may be, shall pay the said inspection fee r Approved and legJ 16,_ NOV 3 according to the number of units in each phase of its development at the time of the completion of the utility lines and facilities which will be utilizied to provide service to said phase. This provision is subject to the escalation provisions contained above as regards the amount of inspection fees which the County shall be entitled to receive from the Corporation. SECTION XXI It is specifically agreed by and between the parties hereto that this franchise shall be considered a franchise agreement and as such a contractural instrument recognized under the Statutes and Laws of the State of Florida. SECTION XXII If any word, sections, clause or part of this resolution is held invalid, such portion shall be deemed a separate and independent part and the same shall not invalidate the remainder. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida has caused this franchise to be executed in the name of the County of Indian River by the Chairman of the Board of County Commissioners and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the 20th day of October , 1982. Signed, sealed and delivered in the presence of: 4 � � BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FL RIDA By C DON C. SCURLOCKi Jr; C dirman Attest- FREDA WRIGHT, C' rk / ACCEPTANCE OF FRANCHISE r Brandenb.1 g ST PARTNERSHIP. does hereby accept the foregoing t+,,.—t I and for their successors and assigns does hereby covenant and agree to comply with and abide by all of the terms,, conditions and provisions therein set forth and contained. DATED at Vero Beach, Indian River County, Florida, this day of , 1982. WITNESS: FST P NER P Aln B -13- 1982 WX 51 PAR 979 NOV 3 1982 STATE OF FLORIDA COUNTY OF INDIAN RIVER I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgements, personally appeared as general partner of FST PARTNERSHIP and he acknowledged before me that he executed the foregoing instrument for the uses and purposes therein expressed. WITNESS my hand aqd official seal in,,,,the State and County aforesaid this -- day of >,C�•�j, 198 Notary Public, Stat e Of Florida .4t Large ' My Commission Expires tear. 29 i985 NO ary Public *800e4 By SAFECA Insurance Company of Amenca Proclamation designating November 6, 1982, as "SPECIAL OLYMPICS DAY" is hereby made a part of the Minutes. 1m 1. PROCLAMATION WHEREAS, SPECIAL OLYMPICS is a nation-wide program of sports training and athletic competition for mentally retarded children and adults. It is unique in that it provides for competitors at all levels of ability by assigning them to "competition divisions" based on both age and actual performance; and WHEREAS, the purpose of SPECIAL OLYMPICS is to contribute to the physical, social and psychological development of the mentally retarded. Through positive experiences in sports, they can gain confidence and self-image associated with success rather than failure; and WHEREAS, eligible participants are those individuals who, on the basis of local assessment and evaluation, have -been assigned to programs designed to meet the needs of the mentally retarded; and WHEREAS, today, over 10,000 retarded children and adults throughtout the State are participating in FLORIDA SPECIAL OLYMPICS activities; NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that November 6, 1982 be designated as "SPECIAL OLYMPICS DAY" and urge all citizens to give of their interest, time and financial support. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA ATTEST: ` jJ Freda Wright, Cl rk NOV 3 1932 BY r Don C. Scurlo k, Jr. Chairman . -&A �.,i NOV 3 198 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. 82846 - 83022 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 asjprovided 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 5:29 o'clock P.M. Attest: kt4L - Clerk FF W /- _ �60