HomeMy WebLinkAbout4/6/1983Wednesday, April 6, 1983
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, April 6, 1983,.at 8:30 o'clock A.M. Present
were Richard N. Bird, Chairman; -Don C. Scurlock, Jr., Vice
Chairman; Patrick B. Lyons, and William C. Wodtke, Jr. Also
present were Michael J. Wright, County 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; Barbara Bonnah and Virginia Hargreaves, Deputy
Clerks.
The Chairman called the meeting to order.
Rabbi Steven Adams, Temple Beth Shalom, gave the
invocation and Administrator Michael Wright 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 March
2, 1983.
Commissioner Lyons suggested that the first paragraph
on Page 94 would read better with the insertion of "it" in
the phrase, "he could understand the problems that it would
pose for the Health. Center."
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APR 61983 Ofaraea
This correction having been made,
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Scurlock,
the Board unanimously approved the
Minutes of March 2, 1983, as written.
The Chairman asked if there were any additions or
corrections to the Minutes of the Regular Meeting of March
16, 1983. There were none.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Scurlock,
the Board unanimously approved the
Minutes of March 16, 1983? as written.
OATH OF OFFICE - COMMISSIONER MARGARET C. BOWMAN
The Honorable Graham W. Strikelether, Jr., Indian River
Judge, administered the oath of 6ffice to newly -appointed
County Commissioner of Indian'River County, Margaret C.
Bowman, who was immediately seated on the Commission.
Chairman Bird recognized Helen Willingham, who on
_behalf of the American Association of University Women,
extended heartiest congratulations- and wished every success
to Commissioner Bowman.
Commissioner Bowman's Loyalty Oath is hereby made a
part of the Minutes, as follows:
2
LOYALTY OATH
I, MARGARET C. BOWMAN, a citizen of the State .of Florida
and of the United States of America, and being employed by or an
officer of the Board of County Commissioners and a recipient of
public funds as such employee or officer, do hereby solemnly swear
or affirm that I will support the Constitution of the United
States and of the State -of Florida; that I do not believe in the
overthrow of the Government of the United States or of the State
of Florida by force or violence; that I am not a member of any
organization or party which believes in or teaches, directly or
indirectly, the overthrow of the Government of the United States
or of Florida by force or violence.
MARGARE C. BOWMAN
I hereby certify that I, GRAHAM W. STIKELETHER, JR., a
County Judge, qualified under the Laws of the State of Florida
administered this Loyalty Oath to MARGARET C. BOWMAN on
1983.
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
Before me personally appeared MARGARET C. BOWMAN and
GRAHAM W. STIKELETHER, JR. to me well known and known to me to be
the persons described in and who executed the foregoing instru-
ment, and acknowledged to and before me that they executed said
instrument for the purposes therein expressed.
WITNESS my hand and official seal, this day of
A.D. 1983.
VA/ 1'Z"_A_a_&,iAe_4
Not ary.Yilic
t
NOTARY PUBLIC STATE OFF kORIDA
BONDED THRU GENERAL INSURANCE UNDI
MY COMMISSION EXPIRES JULY. $ 1986
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ADDITIONS TO AGENDA
The Chairman asked if there were any additions to the
Agenda.
Commissioner Scurlock requested a discussion be added
re a proposed rule revision on -deep well drilling, as a memo
was received on March 25, 1983, and response has to be made
by April 13, 1983.
ON MOTION BY Commissioner Scurlock,
SECONDED by Commissioner Lyons, the
Board unanimously added the above
emergency item to today's Agenda.
Commissioner Bowman requested a discussion and
presentation by Mrs. Susan Wilson re St. Johns Marsh be
added to today's Agenda as St. Johns Water Management
District is voting on April 13, 1983, on the reclassifica-
tion of their wildlife area.
ON MOTION by Commissioner Bowman,
SECONDED by Commissioner Scurlock, the
Board unanimously added the above
emergency item to today's Agenda.
Commissioner Lyons requested a discussion in regard to
replacement of the equipment recently stolen from Gifford
Park be added.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Wodtke, the
Board unanimously added the above item
to today's Agenda.
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Administrator Wright requested the addition of a brief
discussion re the sale of beach bonds and adoption of a
resolution.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the
Board unanimously added the above item
to today's Agenda.
COMMITTEE APPOINTMENTS
The Board reviewed the resume of Ruth Bookout
Stanbridge in consideration of her appointment to the..
Planning & Zoning Commission, as recommended by Commissioner
Bowman.
ON MOTION by Commissioner Bowman,
SECONDED by Commissioner Scurlock, the
Board unanimously appointed Ruth Bookout
Stanbridge to fill the unexpired term of
the vacancy on the Planning & Zoning
Commission created by the resignation of
Commissioner Bowman.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously appointed Commissioner
Bowman to replace former Commissioner
Fletcher on the Vero Beach Recreation
Committee.
ON MOTION,by Commissioner Wodtke, SECONDED
by Commissioner Scurlock, the Board unani-
mously appointed Commissioner Bowman to the
North County Recreation Committee.
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APR 6, 1983 BOOK53 _ AUr
CODE ENFORCEMENT BOARD
The Board reviewed the following resume of Mack B. May:
To ".."nom It May
Concern
Name ;
Mack B . !,-lay
Age:
64 years of age
Education:
Migh School, Etisiness Manage -menti at University
of Mizumi, Real Estate Salesman and Broker
courses at Indian River Community College and
various Sales, Service and Management Se.*ninars..
Work History:
Body Shop and Service Manager at: various Dade
and Broward County dealerships.
Than owned various businesses.
Real estate.
Now retired.
Military back-
ground:
U. S. Navy before and during Wol'ld War lI
and Korean War.
Club Allifi-
ations:
Mason's Scottish Rite and Shrink!, D.A.V. and
World War II Submarine Veterans Club.
Own home and reside at 825 Landsdowne Drive, Sebastian,'
Florida 32958. Have been a resident of Florida the past
35 years. Resident of the Indian River area for the past
8 years.
The Chairman asked for nominations for the/appointment
to the Code Enforcement Board.
Commissioner Bowman nominated Mack B. May to the Code
Enforcement Board as the realtor representative.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously closed the nominations.
D
Mack B May was appointed to the Code Enforcement Board
as the realtor representative by acclamation.
NORTH COUNTY FIRE DISTRICT
The Board of County Commissioners recessed at 8:48
o'clock A.M. in order that the District Board of Fire
Commissioners of the North Indian River County Fire District
might convene. Those Minutes are being prepared separately.
The Board of County Commissioners recovened at 8:50
o'clock A.M. with the same members present.
DISCUSSION RE ST. JOHNS MARSH
Commissioner Bowman invited Mrs. Susan Wilson to
'address the Board on the matter of the upper St. Johns river
basin.
Mrs. Wilson explained that currently the St. Johns
Marsh is classified as a Type II wildlife management area.
The river basin area involved is south of State Road 60 on
up to SR 192. Under a Type II rating, one can apply for a
license or permit to hunt, but fishing, frogging, etc. is at
no cost. However, St. Johns is now in the process of
changing the wildlife rating to a Type I, which is much more
restrictive, and would be managed by the Florida Game and
Freshwater Fish Commission. It would require permits to
hunt, fish and frog, and it is feared that eventually it
will do away with hunting altogether. She added that this
is basically a river basin and felt it should remain a Type
II ylildlife area.
Mrs. Wilson reported that St. Johns River Water
Management District.governing board is holding a meeting
April 13 to decide whether to change the classification of
the marsh. She understood that the change was being
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considered because St.
Johns wants to get out from
under
the
maintenance and having to deal with the public.
Mrs. Wilson stressed the need for the County to hold
public hearings on this matter before April 13th and noted
that the last time the public was not allowed in until after
the voting was held when the Game and Fish Commission became
involved. She felt that this time the public should have an
input before a vote is taken.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously accepted the recom-
mendation of Mrs. Wilson and authorized
the Chairman to write to the St. Johns
River Water Management District governing
board requesting a local public hearing be
scheduled in these chambers prior to their
voting on the proposed -reclassification.
CLERK TO THE BOARD
A. Approval of Budget Amendment re Tracking Station Park
The Board reviewed the following memo dated 3/22/83:
March 22, 1983
To:
O' ;from:
Subject:
Board of County Commissioners
Jeffrey K. Barton, Finance Director
Tracking. Station Park - Scrap Sales
0
The following budget amendment is needed to correctly record the unanticipated
revenues received from the sale of scrap from the Tracking Station Park.
These funds are for repairs to the boat the Parks Dept. received from the
Sheriff. ( see attached memo) .
Account Title
Surplus Sales- Furn S Equip.
Maint.- Other Equip.
Account No. Increase
001-000-364-41.00 937,
001-210-572-34.69 937.
8
Decrease
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Scurlock, the
Board unanimously approved the above
budget amendment as recommended by Finance
Director Barton.
B. Approval of Transfer of Funds from Seizure and
Forfeiture Account
The Board reviewed the following memo dated 3/29/83:
To: Board .of County Commissioners
March 29, 1983
From: Jeffrey K. Barton, Finance Director
v
Subject: Sheriff Seizure and Forfeiture Account
The following are the accounts to allocate the transfer of funds per the
attached letter from R. T. "Tim" Dobeck, Sheriff.
Account Title Account No. Increase Decrease
Confiscated Property 112-000-351-20.00 807.
Expense- Budget Office 112-600-521-99.93 807.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously approved the above
transfer of funds, as recommended by
Finance Director Barton.
C. Approval of Duplicate Tax Sale Certificates
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Scurlock, the
Board unanimously approved issuance of
Duplicate Tax Sale Certificates to the
following persons:
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BAr
APR
No. 192, $12.19, M. Cochrane
No. 219, $12.99, M. Cochrane
No. 259, $13.18, M. Cochrane
No. 879, $121.48, Harold F. &
Beverly Jefferson.
80�K �J PACE ��
D. Approval of Renewal Applications for Permit to Carry a
Concealed Firearm
The Board reviewed the following memo dated 3/29/83:
TO: The Honorable Members of DATE: March 29, 1983._ FILE:
the Board of County Commissioners.
SUBJECT: Pistol Permit Applications
FROM: Michael Wright REFERENCES:
County Administrator
Attached are eleven (11) applications for pistol
permits -renewals:
Wesley Ulysses Newcome-#,?,9-..,o
William F. Fey #
Andrew William Offutt a!�jr.3 -/A
Bill C. Law -* r-?;- ,pf
Roscoe 0. Whiddon-?*.3- oa--
Reedy Berry Strickland 44 P3 - o S"
Raymond L.. Chenat -W Fe -.o.3
Clifford C. Ferguson _VV %`3-01
Raymond Paul Gillman 5w ff,3- of
Henry William Helwig 910` S,3- oG
Frederick C. Allen P* F,9_ 0 7
All requirements of Ordinance 82-27 have been met
and are in order.
It is recommended pistol permits be issued to the
above persons. '
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously approved the above
pistol permit applications.
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CONSENT AGENDA
A. Reports
Received and placed on file in the Office of the Clerk:
Traffic Violation Bureau, Special Trust Fund -
Month of February, 1983 $25,737.10
Report of Juveniles in Jail during Month of
February, 1983
Traffic Violation Fines by Name - February, 1983
B. Request of Release of Easement - Total Development, Inc.
The Board reviewed the following memo dated 3/17/83:
TO: The Honorable Marbers DATE: March 17, 1983
of the Board of County 9 8 =02-05-14
Commissioners
DIVISION HEAD CONCURRENCE RELEASE OF EASEMfW
REQUEST BY TOTAL
SUBJECT: DEVEIAPKW, INC.
Patrick B e King, SUBJECT PROPERTY: LOTS
10 AMID 11, BLOCK 3,
THROUGH: Bob Keating, AICP_� SEBASTIAN GROVE ESTATES
Pi g & T, ' g Manager SUBDIVISION -
L/t�e z� RONALD ADAMSON, OWNER
FROM: tonin Inspector REFERENCES:
It is recommended that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting of April 6, 1983.
DESCRIPTION AND CONDITIONS
The County has been petitioned by Total Development, Inc., agent for
Mr. Ronald Adamson, owner of the subject property, for release of
the six (6) foot utility and drainage easement, being the northwest
three (3) foot of Lot 11, Block 3 and the southeast three (3) foot
of Lot 10, Block 3, Sebastian Grove Estates Subdivision. It is
Mr. Adamson's intention to construct a commercial building 40' x 60'
on"these two lots with the entrance way from High Street. The current
zoning classification is M-1, Industrial. The land use designation is
industrial, under the South Sebastian Commercial/Industrial Node.
The request has been reviewed by Southern Bell, City of Sebastian, Jones
Intercablevision and the Utility and Right -of -Way Departments. The
Zoning staff analysis, which includes a site visit, showed that drainage
would be adequately handled by the existing front and rear swales.
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53 PAIN-Ift
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APR 1983 eac 53
AL'T'ERNATIVES AND ANALYSIS
Lot 10 is 70 feet in width and 108 feet in depth, lot 11 # 92.72 feet
in width and 108 feet in depth with a rear lot line of 42.32 feet.
After site inspection by Zoning Inspector Howard Pautzke it is the
Zoning Department's opinion that to release the common side lot 3 foot
easements of lots 10 and 11, Block 3, Sebastian Grove Estates
Subdivision, would have`no adverse effect and would allow the petitioner
to utilize these two (2) lots as one, larger, commercial lot.
RECObZff 2DATION
Staff recommends to the Board, through adoption of a resolution, the
release of the common side lot 3 foot easements of lot's 10 and 11, Block
3, Sebastian Grove Estates Subdivision.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously adopted Resolution
83-23, approving the Release of Easement
requested by Total Development, Inc.
12
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RESOLUTION NO. 83-23
WHEREAS, The Board of County Commissioners of Indian River
County, Florida, have been requested to release the c=wn side lot 3
foot easements of lots 10 and 11, Block 3, Sebastian Grove Estates
Subdivision, according to the Plat of same recorded in Plat Book 5, page
65, of the Public Records of Indian River County, Florida.
WHEREAS, said lot -line easements were dedicated on the Plat of
Sebastian Grove Estates Subdivision for public utility purposes, and
W=M, the request for such release of easements have been
submitted in proper form;
MMaSSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following lot
line easements in Sebastian Grove Estates Subdivision shall be released,
abandoned and vacated as follows:
Those common side lot 3 foot easements of lots 10 and 11,
Block 3, Sebastian Grove Estates Subdivision, according
to the Plat of the same filed in the Office of the Clerk
of the Circuit Court of Indian River County, Florida, in
Plat Book 5, Page 65.
BE IT FURTHER RESOLVED that the Chairman of the Board of
County Commissioners and the Clerk of the Circuit Court be and they
hereby are authorized and directed to execute a release of said lot
line easements hereinabove referred to in form proper for recording
and placing in the Public Records of Indian River County, Florida.
This 6th day of April 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER C<)UNTY, FLORIDA
BY: C�
Richard N. Bird, Chairman
ATTEST:
J��.� G j
Freda Wright, Clerk
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APR 1993
BOOK - �]]
C. Request for Release of Maintenance Bond - Dales Landing
Subdivision
The Board reviewed the following memo dated 3/24/83:
TO: The Honorable Members of the DATE: March 24, 1983 FILE:
Board of County Commissioners
THRU: Michael Wright,
County Administrator
SUBJECT: Request for Release of Maintenance Bond
Dales Landing Subdivision
; ,4
FROM:
James W. Davis, P.E. l REFERENCES: Wellington Stevens II, Pan American
Public Works Director d Engineering Company, to Jim Davis
Dated March 8, 1983
DESCRIPTION AND CONDITIONS
During the December 15, 1982 meeting of the Board of County Commissioners,
Final Plat approval of Dale's Landing Subdivision was granted subject to the
developer posting a $600 cash maintenance bond for the grassing of right-of-
ways and easements. This bond was received by the County and placed in the
Escrow Account. By copy of the above referenced letter, the owner's agent,
Pan American Engineering Company, is requesting release of the.$600 bond.
13
ALTERNATIVES AND ANALYSIS
The Public Works Director has inspected the site and grassing has been
verified as complete.
RECONNENDATIONS AND FUNDING
It is recommended that the release of the $600 grassing maintenance bond
be approved. Funding to be from the County's Escrow Account.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously approved release of
the above maintenance -bond.
D: Authorization to Contract with DNR - Boat Ramg at Blue
Cypress Lake Park
The Board reviewed the following DNR Contract No.
C0834:
14
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APR 6 )983 eoo 53
SS qy��` nn
STATE OF FLORIDA
DEPARTMENT OF NATURAL RESOURCES
Florida Boating Improvement Program441
Project Agreement - Development
This Agreement, by and between the State o.f Flori4a Department
of Natural Resources, hereinafter referred to as the'DEPARTMENT, and
Indian River County , hereinafter referred to as
the COUNTY, in furtherance of an approved recreational boating pro-
gram involving the parties hereto, in pursuance of which the parties
hereto agree as follows:
1. This agreement shall be performed in accordance with
Chapter 327.28, Florida Statutes, and Chapter 16D-5, Part III, Florida
Administrative Code.
2. The COUNTY agrees to implement the recreational boating
improvement project known as Blue Cypress Lake ParkoDock
iFB:P Project No. 10-41-12 ) and as described in the project appli-
cation approved by the DEPARTMENT and attached to this agreement as.
., 4
EXHIBIT A.
3. The COUNTY agrees to begin the project on or before
Mav 30,1953 , and coo lete thZ project on
p p or before
May 30r 1-934 Ii t;;e project is not co,:.pleted on or
before this Gate the C0791TY agrees to return to the DEPARTMENT any
unexpended funds which rray ravz been advanced to the COUNTY for the
project, including any iiterest accrued on the funds wh+le in the
Possession of the COUNTY.
4. The COUNrlY shall provide the DEPARTMENT quarterly progress
reports on ;.:.e protect, specifying the percentage of completion of
each project element.
5. The DEPARTMENT agrees to obligate and make available to the
COUNTY the approved project amount of $:654 to be used
for the aforementioned boating improvement project. The mounds will
be provided, to the CGUNTY in two installments (s) The
initial payment of $ 3288.60
will be released by the DEPART-
MENT following the execution of this agreement, and upon request Dy
the COUNTY, and certification by the COUNTY that the project shall
commence within 60 days from the date of the request. Subsequent
payments shall be requested by the COUNTY as the work progresses,
and shall be accompaAied by suitable documentation of expenditures
for the previous payment. Payment requests and documentation shall
be submitted in accordance with the FBIP Grants Accountability
Policy attached to apd made a part of this agreement as EXHIBIT B.
The DEPARTMENT may withhold requested installments if previously
advanced funds have azot been properly expended.
y 6. The DEPARTMENT and COUNTY -understand and agree that there
shall be no reimbursement of funds by the DEPARTMENT for any obliga-
tion or expenditure made prior to the execution of ths,agreement
with the exception of $ 0 obligated for the following:
7. The COUNTY agrees that the project when completed will be
operated and maintained as a public recreational boating facility in
satisfactory condition for twenty-five (25) years from the date of
project completion. The COUNTY furt:.er agrees to return to the
DEPARTMENT all funds tendered for the project in the event the pro-
ject becomes utilized for other than boating related purposes during
this period.
8. In the event unexpended funds exist at the completion of
the project, the COUNTY agrees to return said unexpended funds to the
DEPARTMENT within sixty (60) days after project completion. Following
receipt of an audit report: identifying any -reimbursement due the
DEPARri"MENT for non-compliance with t1.e contract, the COUNTY will be
y
allowed a ma., mum of 60 days to submit any additional pertinent docu-
::tenta -ion to offset the amount identified as being due the DEPARTMENT.
9. If it becomes necessary for the DEPARTMENT to demand a re-
turn of any or all funds tendered pursuant to paragraph 5 of this
Agreement, the COUNTY agrees to return said funds to the DEPARTMENT
16 53 ?At106
A P R 6 1993
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APR 6-1983
within sixty (60) days.
If not returned within sixty (60) days, the
COUNTY understands and agrees that any further COUNTY requests for
funding from the DEPARTMENT shall be denied until the funds have been
returned.
10. In the event -b.-he COUNTY elects to implement a user fee
system for any of its facilities funded by the Florida Boating Improve-
ment Program (FBIP), the COUNTY agrees to impose such fees uniformly
among the users regardless of race, sex, age, religion, or other con-
dition or the political jurisdiction in which the user may reside.
11. The DEPAR711.MENT reserves the right to henceforth inspect
the project as well as the right to audit any and all financial records
pretaining to said project at reasonable times. This contract can be
unilaterally cancelled by the DEPARTMENT should the COUNTY refuse to
allow public access to all documents, papers, letters, or other
material made or received in conjunction with the contr4ct pursuant to
the provisions of Chapter 119, F.S.
12. For any year in which this contract extends beyond the Depart-
ment's fiscal year (June 30), performance by the DEPARTMENT under this
contract shall be subject to and contingent upon the availability of
•monies lawfully appropriated to 'the DEPARTMENT for the purposes of this
contract
13.
The COL�'IVNI' agrees to hold the DEPARTMENT harmless from any liability
or claims that may, result from the 4 :plementation of the project or. from
alleged negligence JLn maintenance or operation.
14. For the purpose of this contract, David 0. White, Grants
Coordinator, or successor is hereby designated as the Department's
Contract Manager and shall be responsible 'for insuring performance of
contract teres and conditions and shall serve as a liaison with the
COUNTY and shall approve all requests prior to pay;rent.
15. This agreement shall become effective on the date of the
signature of the Executive- Director of the DEPARTMENT.
17
0
IN WITNESS THERETO, the parties hereto have caused thes,-
to be executed by the officer or agents thereunto lawfully autharized.
Attest:
EXECUTIVE BOARD OF T—Ht
DEPARTMENT OF NATURAL RESOL-P,.LS
By:
Elton J. ;issendarner
Executive Director
Its Agent for this P:,�rpose
BOARD OF COUNTY COMMISS:O?TER'S
Attest:
Its Agent, for this P=r ose
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously authorized signing
of the above contract with DNR for a
boat ramp at Blue Cypress Lake Park.
E. Approval of Contract Amendment _ Medical Examiners
Commission Funds
The Board reviewed the following letter dated 2/23/83:
18
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APR 6 1983
I' STATE OF FLORIDA
Of ZHE STgT
4 (b !
W � �
~C00 WS10
ROBERT R. DEMPSEY
Commissioner
99h,r dined of Yiwv (Fnl conmi
POST OFFICE BOX 1489
TALLAHASSEE 32302
PHONE 904-488-7880
February 23, 1983
Leonard Walker, M.D.
6015 Silver Oak Drive
Ft. Pierce, Florida 33450
Dear Dr: Walker:
BOB GRAHAM, Governor
GEORGE FIRESTONE, Secretary of State
JIM SMITH, Attorney General
GERALD LEWIS, Comptroller
BILL GUNTER, Treasurer
DOYLE CONNER, Commissioner of Agriculture
RALPH D. TURLINGTON, Commissioner of Education
As you are probably aware, mandatory reserves of 2% of funds
allocated for medical examiner services were required by
Cabinet action of August 25, 1982. Since that time, State
revenue shortfall has indicated the need for an additional
mandatory reserve of 2.49% of the adjusted allocations, an
action which was mandated by the Florida Cabinet at its meeting
of November 16, 1982. _
To reduce the impact of the 2.49° mandatory reserve, the
Medical Examiners Commission, at its January 28, 1983 meeting,
voted to reallocate a total of $9,340 to participating counties
in order to supplement the cost of medical examiner services.
This amount is composed of $2,500 from prison autopsy monies
and $6,840 from Hernando County's allotted share of funds.as
Hernando County elected not to participate in the State supple-
mental funding program. Despite these efforts, the second
disbursement of funds will reflect a decrease.
Paragraph 4 of the contract between the Department of Law
Enforcement, the Medical Examiners Commission, the District
Medical Examiner and Indian River County, provides that the
contract is subject to the availability of funds. Paragraph 5
further.requires that any amendments may be made, "when they
have been reduced to writing, duly signed and attached to the
original" of the contract. The attached Contract Amendment,
then, is intended to reflect a reduction in the total funds to
be provided to Indian River County of $170.00. This reduction
will be applied to the second disbursement of funds Indian River
County will receive, subject of course to other applicAble
contract provisions.
Please sign and date all three (3) copies of the enclosed
Contract Amendment and forward same to respective county_.
officials in your jurisdiction for their similar execution.
As soon as all three (3) copies of the Contract Amendment are
received by this office, properly executed, a copy of the
amendment will be provided to the county and processing of the
agreement will continue.
We sincerely regret the necessity for this action and trust
this explanation will be satisfactory. Please let me know if
you require any further information in this regard.
Sincerely,
Frank H. Carter, Director
Divi 'on of Staff rvices
K!•
y Long taff Director
Xe al Exami r Commission
19
STATE OF FLORIDA, COUNTY OF LEON
IE�t9lYED
q,a�0
APR I ;f �2 53 PP, 1983
FLORIDA
DFPARTMENT W
N*' FNr0Rt;p4FNT-
AMENDMENT TO CONTRACT
WHEREAS, the Florida Department of Law Enforcement, Medical Examiners
Commission, hereafter referred to as "COMMISSION" and Indian River County,
hereafter referred to as "COUNTY", entered into a contract effective July 1,
1982 through June 30, 1983,
WHEREAS, that contract provided in paragraph 4 thereof, that such contract
is subject to the availability of funds,
WHEREAS, that contract provided in paragraph 5 thereof, that such contract
may be amended in writing by the mutual consent of the parties thereto,
WHEREAS, the parties to such contract are desirous of having.all provisions
of the contract dated the 9th day of December, 1982, remain in full force and
effect except those amended hereby,
NOW, THEREFORE, in consideration of the premises and promises contained
herein, the above stated contract is amended as follows:
2.A. To pay the COUNTY a total sum of $8,680.00 to be paid in semi-annual
payments, the first disbursement to be for $4,425.00 and the second
disbursement to be for $4.,255.00.
2.B. Payment shall be made on a semi-annual basis. Payment for the first
two quarters shall be made upon execution of this Contract. The
second payment shall be made upon execution of the Contract Amendment
and when the documents outlined in Item 1(C) above are provided to the
COMMISSION and after the COMMISSION has received its 4th quarter
allotment of General Revenue Funds, approximately April 1, 1983.
IN WITNESS WHEREOF, the parties hereto have executed this amended contract
on the date set beside their names.
q--(3 _ Q
Date
Date
f:; ::iovcj a5 to toren
and legalBy
Dae '� rander;uur;
C my nttorn2:,a.
3 ra $3
Date
MEC5/C26
L_
State of Florida, Department of Law Enforcement
Deputy Commissioner
Chairman, Indian River Board of
Count Commissioners
!�[ VV "AX
District 19 Medical Examiner
BOOK 53 PAx 110
�X98
APR 6,, 3 as z3- MIGE
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously approved the above
contract amendment.
PUBLIC HEARING - APPROVAL .OF SEA OAKS SUBDIVISION SEWER
FRANCHISE
The hour of 9:00 o'clock A.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. whoon oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the
fished in said newspaper in the issues of ZV4? '. IF,
IVA
Court, was pub -
Affiant further says that the said Vero Beach Press -Journal Is -a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribed me this � day of 7r, A.D. 19 _
�// (1 VD is
U / / f-glKi'siness Manager)
(SEAL) (Clerk of the Circuit Court, Indian River County, Florida)
NOTICE OF PUBLIC HEARINfl`:.
The Public Hearing for Sea Oaks franchise ap-.
;plication is scheduled for 8:00 am., Wednesday;;
April 8, 1883, at the County Commission Cham-;
bars at the Indian River County Administration
Building, 1$40.25th Street, Vero Beach,
32980 t .A'; 1. a= �? t'
i
Ah nterested parties are Invited to attend and;
will be given an opportunity to be heard at that
time. The franchise Is dedicated ,to providtng•
sewer service to Sea Oaks Subdivision. The ser-,
.vice area Is the tract of hand shown on the
panying map.:c
If any person decades to appeal any dedalon;
made on the above matters, he -she will need a'
record of the pr�eeding, and for such purposes,
he -she may need to ensure that a verbatim record
of the proceedings is made, which record in-,
.
dudes the testimong• on which, the.. appeal.: 19;
p N,w `h � � N•N�%i�Y jai . .
p4Kq�yA7
rpi'sFBFi
g t
Uz Forl'
Robert E
Oaks Lit]
Mar, 18,
w
The Board reviewed the following memo dated 3/28/83:
TO: The Honorable "Members of the DATE: March 28, 1983 FILE:
Board of County Commissioners
THROUGH: Terrance G. Pintoleo
Utilities Director
SUBJECT: PUBLIC SEWERAGE SYSTEM
FRANCHISE APPLICATION FOR
SEA OAKS UTILITIES, INC.
FROM: Joyce S. Hamilton REFERENCES:
Administrative Assistant
Utilities Department
DESCRIPTION AND CONDITIONS:
Sea Oaks Utilities, Inc., is a public sewerage system dedicated to providing
sewer service to the Sea Oaks Subdivision. This subdivision is located
between the Indian River and the Atlantic Ocean, south of the Wabasso
Beach Road with access from State Road A -1-A. North Beach Water Company
will provide water service for this development.
The project will total fourteen hundred thirty-six (1436) units, ERC'S -
three hundred (300) gallons per day/unit. This breaks down into eight
hundred ninty-two (892) residential units - three hundred gallons per day/
unit (ERC'S - also three hundred gallons per day/unit). Six hundred (600)
hotel rooms - two hundred forty (240) gallons per day/room or four hundred
eighty (480) ERC'S. Twelve (12) acres - one thousand (1000) gallons per
day/acre or sixty-four (64)'ERC'S. The plant will have a capacity of
± four hundred thirty-one thousand (431,000) gallons per day, determined
by CCL Consultants, Inc.
ALTERNATIVES AND ANALYSIS:
The rate analysis has been examined and staff finds it adequate to cover
operating expenses and it limits the rate of return on the rate base to a
maximum of twelve (12%) percent.
The public hearing has been properly advertised and the background data
has been reviewed as being complete and satisfactory.
RECOMMENDATION:
Staff recommends the approval of the subject franchise application. Approval
of this franchise however should not be construed as a permit to construct.
All plans and specifications must be"submitted to the Utilities Department
for approval prior to a permit to construct being issued.
.y
22
R 6 1983 a® PACE
r
Utilities Director, Terry Pinto, explained staff
recommendation to approve Sea Oaks application for.a
ra
franchise to treat and sell waste water treatment. He felt
that the proposed rate structure would be adequate to
maintain their operations and also fair to the people
receiving service and assured the Board that the 12% rate of
return on equity is within the range allowed by the Public
Service Commission.
Commissioner Scurlock understood that in the past year
or so the approved allowable rate was between 8%-13%. He
felt it was a wise approach to come in with an adequate rate
structure rather than at a low rate and then have people buy
the units, move in, and have the Commission immediately
faced with a rate hearing.
Commissioner Scurlock further understood that all plans
and specifications must be submitted to the Utilities
Department for approval prior to obtaining a permit to
construct. He thought it was extremely important that the
system be built to the proper'standards in case we ever took
it over.
Mr. Pinto replied that the intention of the staff
recommendation is to make it clearly understood that the
approval of the franchise is not to be construed as a permit
to construct.
Commissioner Scurlock questioned how the franchise
deals with the use of effluent for irrigation purposes. Mr.
Pinto replied that the rate structure provides that effluent
used for irrigation purposes would be charged back at 50�
per 1000 gallons. He stated that every effort will be made
to encourage such irrigation, and noted if it works out, it
will reduce dramatically the demand on the potable water
supply.
Chairman Bird asked if Wabasso Beach Park is included
in this franchise area so that sewer service will be
23
available to that park if the County so chooses. Mr. Pinto
replied that the franchise is written so that it can serve
anyone in the franchise area if it is economically feasible,
unless it puts an unreasonable burden on other customers.
Chairman Bird asked if there were safeguards built into
the franchise to guard against a degradation of the system
to assure it is maintained and operated on a first rate
basis. Mr. Pinto explained there is a section of the
franchise that requires a percentage of gross revenues to be
deposited into an escrow fund, and this can be drawn down on
for replacements or repairs to the system, either by the
franchise people, or the County if that becomes necessary.
Commissioner Scurlock noted for the record that he
preferred a 6% franchise fee, but the Commission chose the
3%. He felt that 3% is not enough to cover the cost of
monitoring "and -the eventual"involvement of the County.
Chairman Bird asked who would bear the responsibility
of inspections to note deficiencies that would trigger the
use of the escrow funds. Mr. Pinto explained that the
Utilties Department has that requirement and has stated that
in the franchise. It is also required that the corporation
would have to submit a report from a consulting engineer on
maintenance and operation of the system on a yearly
basis. -
Commissioner Wodtke asked if there was the normal 7
year takeover by the County.provided in the franchise. Mr.
Pinto explained that this franchise is written a little
differently; there is a 7 -year option but depreciation
enters into.it. The County has the option to buy even after
the seven years.
Commissioner Wodtke asked whether the 7 -year period
starts from issuance of the franchise or completion of
construction, and Attorney Brandenburg stated from the date
F,
of agreement, which could be today, as the system is already
permitted.
Discussion followed as to escrow funds and deprecia-
tion, and it was noted that if the County purchases the
system, those amounts in the escrow funds -still have to be
deducted from the total purchase price.
Commissioner Wodtke expressed concern about some way to
make sure that any potential condominium buyer is aware that
the County has the ability to take over the system and
operate it with the possibility that there will be
additional costs which would be their responsibility.
Commissioner Scurlock also expressed concern that
condominium purchasers be made aware that their system might
be taken over by the County at some future time.
William Caldwell, attorney representing Sea Oaks,
stated that a synopsis of this agreement will be set forth
in the condominium prospectus. He emphasized that the State
has extensive disclosure requirements.
Considerable discussion followed as to when
,
depreciation would start and it was agreed that the wording
be changed on page 14 of the franchise agreement by
_insertion of a statement that "depreciation of the plant
begins upon the date of completion at 3-1/2%.
Chairman Bird opened the Public Hearing and asked if
anyone present wished to be heard.
Dick Schuler of Whippoorwill. Lane addressed the Board
and asked if Sea Oaks was in the River Bend area and whether
sometime in the past there had been plans by several
developers to build a complete unit for water and sewer in
the north beach area.
Commissioner Scurlock explained that the North Beach
Water Company was created and will proceed, but with the
waste water, it was felt that large regional systems didn't
make a great deal of sense, especially with the possibility,
25
of the use of the effluent by each developer for
irrigational purposes. We did, however, encourage them as
much as possible to get together with their neighbors on
joint ventures. In this particular case, this is one of the
largest projects, 1300-1400 units; however, he understood
that Baytree, which,has approximately 600 units, is
cooperating with the property owner to the north to come in
with a combined system to serve both properties. The
approach taken was to try to combine where possible, and
then where it wasn't, to try to use the effluent for
irrigation purposes to cut down -on the demand for our
natural resources.
Mr. Sculer wanted it noted for the record that he felt
there should be one large plant for the County and one for
`the City, and not several small plants to maintain.
Commissioner Lyons pointed out the possibility that if
the County did take it over, they would only take the
distribution system, and they might well treat it some place
else.
Mr. Pinto felt there were some benefits to not having
just one giant treatment plant, because if there is a
problem, it is better to have one small plant down rather
than -the entire system.
Commissioner Scurlock was assured by Attorney
Brandenburg that there is a provision in the franchise
allowing the County to inspect prior to a possible purchase,
which is an option they did not have at Vista Royale.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the
Board unanimously closed the Public
k Hearing.
26
APR 6 1983 .53 pw-11.6
APR 1993 53 %41. 7 ,
ON MOTION by.Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the
Board unanimously adopted Resolution 83-24,
approving the franchise application, but
emphasizing it is not to be construed as
a permit to construct; and that all plans
and specifications must be submitted to the
Utilities Dept.for approval prior to a
permit to construct being issued; and the
franchise to include clarification ap noted
on the depreciation schedule.
r'•.4
27
r
M M M
RESOLUTION NO. 83-24
BE IT RESOLVED by the Board of County Commissioners of
Indian River County, Florida:
L�TATTA.• T
This Resolution shall be known and may be cited as the
"Sea Oaks Utilities, Inc. Sewerage System Franchise."
b 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 contest, 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: -Sea Oaks Utilities, Inc., a Florida
corporation.
(d): "Board" is the Board of County Commissioners of the
County.
(e) "Person",ris 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
v
as the same is more particularly defined and described herein.
(g) "Sewerage System" shall mean and include any plant,
T system, facility or property used or useful or having the
APR6198-1- eo�c 53 PAG£ 11.8
r
53 n
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, a-nd franchises
relating to any such system and deemed necessary or convenient
for the operation thereof.
(h) "Service" means supplying to a user of the
collection of sewage and the treatment thereof.
(i) "Hookup and/or Connection" is 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 Corporation
the non-exclusive franchise, right:Yand privilege to erect,
construct; operate and maintain'a-sewerage system within the
described territory as herein provided and for these purposes
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
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.
-2-
-M.
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 and
fees and charges 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
e
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
(ALL ATTACHMENTS ON FILE IN THE CLERK'S OFFICE)
CSP('TTnXT 17
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
-3-
APR 6 1983
r APR 6 1993
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
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 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 amended. The
Corporation -agrees to comply with the above standards. Prior to
t
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 Corpor4tion 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.
Upon the completion of all construction of the water and
-4-
M
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
in 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, chlorination and
bacteriological tests, infiltration and exfiltration tests. Upon
receipt of certification from the engineer, the County will
issue a letter acknowledging the construction of the 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.
The Corporation shall grant necessary easements to County
without charge to connect the sewerage system to the County
Master Sewerage System.together with such easements as are
necessary to provide access to the sewerage system, where and if
the County makes sewer service available to the project. The
Corporation shall pay a $1,000.00 franchise application fee at
the time of,the submission of the franchise resolution, and
agree to pay all other fees which may be applicable during the
operation of the system.
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 Indian River County Utilities Department.
The manner 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
-5-
53 PAGE
� APR 6 1983
BOOK 53 PAA2-3
Environmental Regulation of the State of Florida, or other
governmental body having jurisdiction, including Indian
River County.
The Corporation shall supply County. with an annual-
report
nnual report of operations and maintenance certified by the
Corporation Engineer.
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.
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. Utilities Director
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 pipes, mains, valves, blowoffs and 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 interferring 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 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
Y
or widen or otherwise change any such County owned right-of-way, the
-7-
531,
APR 6 ,1933 sao " 3 FAG -d?
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
• A
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 fifteen (15) feet in width for the benefit of the
Corporation and its facilities.
ewnm•rnM v
The Corporation shall provide service within the
franchise territory on a non-discriminatory basis as_if it were
0 ., ..Y
regulated under Florida Statute Chapte 367• (1980), except to the
extent that said provisions are in conflict with the provisions
of this Franchise.
SECTION XI
(a) Subject to the provisions of Section XI (b) the
Corporation shall furni�sti, 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
personwith its services and facilities; provided, however, that 4,a.
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 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
-8-
M
territory to that area then being serviced by 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 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
W 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 isnot
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 such transfer and accepting the terms of this franchise
and agreeing to perform all of the conditions thereof. In any
event, this franchise s�all 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
Y
information as the Board shall require. A public hearing shall
.ME
53 PA'6-Ej?6
53 PAEI?7
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. Certifiedroof of P 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
sewerage service unless adequate -capacity is to be 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
economical management. The Corporation agrees that the County
has the authority to ender 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
-10-
M
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. 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
i
Director. The County shall grant rates to the company which are
just, reasonable and compensatory, which allow the utility a
fair rate of return on 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 .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:
Connection charges for sewer service is $500.00 per
Equivalent Residential Connection (ERC). For the purposes of
this rate schedule, one Equivalent Residential Connection is
equal to 350 gallons pvr 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 waste water collection and treatment plant facilities;
-11-
toot 53 P&J?8
APR 6 1983 r
acrd 53 P4 Gr
second, the theory of treatment facilities and their degr,6e 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.
The Corporation shall supply the County with'a copy of
the Corporation's Annual Report and financial statements. All
records and all accounting of Corporation shall be in accordance
with the Uniform System of Accounts of the National Association
of Regulatory Utilities Commissioners and general accepted
accounting-piinc.iples. Within ninety (90) days after close"of
fiscal year, the Corporation shall submit financial statements
certified by a CPA and "iri accordance with general accepting
accounting standards and NARUC. Also, a letter from�a CPA
certifying that the 3% franchise fee and the 2 1/2g 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
-12-
unit in effect at the time of the issuance of a certificate of
occupancy, as a. contribution in aid of construction charge
(for future connection to County 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 sewer plant
capacity charge, as each unit is completed ab the future plant
capacity charges as provided for in Ordinance 80-22, Section 1
or according to the schedule of rates in the Ordinance in effect
at the time of issuance of Certificate of Occupancy on the
individual units.
The County will establish separate interest bearing
passbook for 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 8.0-22. 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 subje,ct'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.
y
Should the County at any time within the ensuing seven
(7) years provide a sewage collection system and shall furnish
sewer services to all customers within the franchise territory,
the sums of money remaining in the escrow account(s) consisting
of plant capacity charges and contributions in aid of
-13-
DO�� �.D Act•®
APR 6 1983
r
APR. 6 1983
aoa 3 FcGE
construction charges 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:
30
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 sewer plant at Corporation's original construction
costs plus costs associated with capital additions and
expansions to the systems less 3 1/2 % depreciation per year.
Depreciation on the system shall be calculated to start at the
time the County issues a letter acknowledging the, construction
of the sewerage system as provided in Section 6.,In conjunction
with the sewer plant(s)' purchase, the County shall purchase
necessary land areas upon which the plant(s) are located at the
then fair market value of the real estate. Upon acquisition of
the sewer plant(s) and appurtenant real estate, County would
then own the entire sewer system and would terminate this
franchise "and provide 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,piants 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 tb the value of
said land areas. In the event, after appraisal, County and
corporation are still unable to agree, said appraisors
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 condition (2) is not
exercised by the County within seven (7) years from the date of
-14-
M
M
this Franchise Agreement, any sums of money remaining in the
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
year period. The County shall purchase -according to the same
formula in this sub-parapgraph (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.
(5) In the event of an acquisition by the County, or
the utilization of County's own.plants, the County shall receive
the sewage collection system free of cost and in good repair,
wear and teat excepted. The Corporation agrees to grant to
County any -easements necessary to connect the sewerage system to
the County's sewerage systems without charge.
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 an interest bearing renewal and
replacement account for purposes of renewal and/or maintenance
of the capital assets of the sewerage system of the Corporation.
In addition, the Corporation shall fund the account with Two
Thousand Dollars ($2,000.00) which will also be reserved for
capital maintenance items. Interest shall accumulate in said
account until the account reaches $10,000.00; thereafter shall
.be paid to the Corporation annually.
-15-
soap 53 ?A
APR ..n.6 1993
J
APR] 6 1983 aooK PAGE .`
used as sinking fund and applied only for repairs and/or
replacement of .the sewerage system by the Corporation as ::he
need arises. The percent required to be placed in the renewal
and replacement account may be amended after review by the
County as necessary to maintain a sufficient account balance
taking into account the general condition of the system. County
is granted the right to make necessary repairs using said fund
in the event of default on the part of Corporation in
maintaining the quality standards established herein. In the
event County exercises its fights under (2) or (4) above, the
fund 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
4 -
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 "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
-16-
M M M
r 1
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.
SECTION XIX
a
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. The
Corporation shall pay any, rate structure review fee as the
County may then have in effect and shall furnish the County with
all information requested by County that is pertinent to the
proposed new rate schedule. 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 thee -Board. Said hearing may the 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.,'
-17- ` c�
'APR 1983 bga�. PAGE e.34
L
APR. 6)983 53
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 circumstances exist to determine the time during which `7'
such construction shall be done.
SECTION XXI
If the Corporation fails or ref uses 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
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 aggr*eved 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 XXII
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
_18-
7-1
M
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.
1
SECTION XXIV
Provisions herein to the contrary notwithstanding, the
Corporation shall not be liable for the non-performance or delay
in performance of any of its obligations undertaken pursuant to
the terms of this franchise where said failure or delay is due
to causes beyone the Corporatin'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 718,1 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 and pursuant to the public
hearing requirements set forth under Section XII,hereof.
SECTION XXV .
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
-19-
DA4K 53 PAGE .
APR .6 1983
APR 6 1983
QK 5.3 - Pn
U
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
6th day of April _,1983.
Signed, sealed and delivered
in the presence:
-20-
COUNTY OF INDIAN RIVER, FLORIDA
BY:
Richard N.Bird-, Chairman
Board of County
Commissioners
ATTEST: -
A P P r GVe d 00 to M
and I0 -
S'.
a-
fl.y �\ijr
M M M
ACCEPTANCE OF FRANCHISE
SEA OAKS UTILITIES, INC. does hereby accept the
foregoing franchise, 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 --
15th day of April, 19812
WITNNESSSS: SE
C�zr a By
G.
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 Robert E. Briggs
as President of SEA OAKS UTILITIES, INC. and he
acknowledged before me that he executed the foregoing instrument
for the uses and purposes therein expressed.
WITNESS my hand and official seal in the State and
County aforesaid this 15th day of ADril , 1983.
NOTARY PUBLIC STAtt OF FCC? VA AT, W15 iot�arynublic
htY CO.-MMISSiON EXP IR S OCT: 14 1984
POND= T;-R'J c(ZIIRAL [PIS - UNO' ERVJR I TERS
APR s 1983 1 �� 53 PA
a
.� APR ~1983
BAOK 53 'FA; -139 .
REQUEST OF ST. FRANCIS MANOR OF LEASE PAYMENT DONATION
The Board reviewed the following letter dated 3/14/83:
' r
r _ �
ass
yro 'z, r '
:March 15, 1983
Gary M. Brandenburg, County At
Indian River County Commissioners
Vero Beach, Florida
Dear Mr. Branderburg, and Commission:
1 750 20TH AVENUE
PO BOX 6250
VERO BEACH FLORIDA 32960
+305) 5628575
RE: Manor request for lease
modification to help meal
program costs.
The letter from Mr. Brandenburg dated December 29, 1981 reflected
the board action to leave the Manor lease intact and make a donation
of $ 999.00 to the Man6r to be used exclusively -for the meal program.
We received your check on that date which applied to the lease period
of December 1981 to December 1982. _
We are now in the lease period of December 1982 to December 1983.
Please find enclosed a check for $ 1000.00 the Manor lease payment
for that period.
We request placement on the April 6, 1983 agenda to discuss the same
matter for.th.is current year, that bein the commission consideration
of.a donation of $ 999.00 exclusively for the meal program again.
The commission expressed they preferered an annual consideration on
this matter, rather than a permanent arrangement which we originally
requested. We are agreeable to do this.
28
The commission donation was in fact applied -to the meal program during
thq,81-82 year, in which the Manor which operates the meal program under
separate accounting from the Manor operational accounts. The Manor
itseTf, in order to keep the meal program going had to subsidize the
operation which reflected a loss -income v/s expense of $ 5641.16 during
,that pIriod. Our accountant by signature below verifies this fact.
A -list of residents who benefit from time to time -using this meal program
is attached, per your request. Our insurance is in order.
Thank you, res tfull
.�' The above statement of the Manor income
v/s expense is true according to our
Frank L. Zorc, P ent records: ,
i O'Haire Moran Williams
Frank Zorc, Director of St; Francis Manor, came before
the Board to request that the Commission consider the -,annual
lease payment be donated back to the County to be used
exclusively to subsidize the meal program at St. Francis
Manor for 1982-1983.
Mr. Zorc explained that a resident can eat a hot, full -
course dinner for a $1.00 charge, but the actual cost of the
meal to the Manor is $2.00. Last year the charge was $1.25
per dinner; however, they had reduced the charge this year
to allow more people to take part in the meal program, of
the 100 persons in residence, approximately 35-40 meals a
day are served. The younger people still prefer and are
able -to cook their own meals.
The Commissioners asked about donations from other
organizations, and Mr. Zorc confirmed donations from other
organizations, and had, in fact, received a contribution
earlier in the year from St. Vincent DePaul Society to be
used for the meal program.
,,The Board had various questions regarding the financial
statement submitted, and Commissioner Scurlock recommended
that the Board direct the Finance Director to look over the
financial statements and come back with a recommendation as
to the validity or accuracy of the information.
APR 6 1983
29
53 �� �0',
Commissioner Lyons felt that the Board had been asked
to make a decision on incomplete information that was
furnished at the last minute and he also wanted the
information reviewed by the Financial Director.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Bowman, that the
Board authorize -the County Administrator,
Attorney and Finance Director to review the
St. Francis records, ask Mr. Zorc for any
additional documentation needed, and return
with a recommendation.
Discussion followed with Commissioner Scurlock stating
he had received some anonymous calls from people questioning
the proper operation of St. Francis Manor and felt that it
would be good to clear up any suspicions the public might
have. Mr. Zorc invited anyone to investigate, but wanted
people to sign their names to'any innuendos regarding
mismanagement of St. Francis Manor. '
Mr. Zorc wanted it noted for the record that he was
`asked for additional information just yesterday, but will be
glad to cooperate and furnish any other information needed.
The Chairman CALLED FOR THE QUESTION.
The Motion was voted on and carried
unanimously.
PUBLIC HEARING - ADOPTION OF RESOLUTION RE CLOSING TIMES IN
CERTAIN COUNTY PARKS
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:
30
W
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press-Journai, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
in the matter of ry/�
4
in the Court, was pub-
lished in said newspaper in the issues of, zvezr-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
W'i n to an�.t _ cribed before lne this c — day of � A.D. 19
y tii:R 1-;.3
lyou�+^i
c o� If1s1ERS
usiness Manager)
River County, Florida)
r ' 33D,+ NOTICE OF INTENT TO ADOPT
'4,,. �'"'RULE8 FOR COUNTY PARKS AND
Y ..:.. BEACH ACCESS POINTS
The "Board of County _Commissioners has'
scheduled a public hearing to consider the adop-
tion of the following resolution an April 6. 1983, at
10:90 A.M. In the County Commission Chambers
at 1840 25th Street, Vero Beach, Rorlda. All Indi-
viduals Interested in the resolution shall be given
the opportunity to comment at this time.
F a A RESOLUTION OF THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN
v, RIVER COUNTY, FLORIDA.- ESTABLISH-
ING BY RULE CLOSING -HOURS FOR
CERTAIN COUNTY ;PARKS AND BEACH
ACCESS SITES. -
,',' WHEREAS, the Board of l County Commission -
are of Indian River County have determined that tt
,194n the best Interest of the citizens of Indlanl
,River County to establish pursuant to the "Indian
.River County Park Ordinance" rules providing for
closing hour, of certain County parks and beach
accesses.
NOW, THEREFORE. BE IT RESOLVED BY THE
BOARD OF COUNTY COMMISSIONERS OF.IN-
DIAN RIVER COUNTY that the following rules Are
l
hereby adopted pursuant to Section 17 — IA -4 (a),
of the Indian River County Code of Laws and Or-
dinnces..
1. The following County parks or beach access
points shag close and all lndivlduale shag vacate
Atsunsetti :;;, Z% --
7 (cj the oceanside of Rountf Island Park
jd) Gifford Neighborhood Park
j, Tlie following -County parks shag close at
sunset and all Individuals except those launching'
or retrieving boats shall vacate,
(a) the riverside of Round Island Park
:(b) Dale Wimbrow Park
(c) Ambersand Park
-�Thle resolution shall be filed with the Clerk of
the Circuit Court of the County and shall h
effective when so filed.
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-
poses, he -she may need to ensure that a we.rbatim,
record of the proceedings is made, which record,
includes the testimony in evidence on which the
Appeal is based.
Board of County Commissioners
'1840 25th Street
Vero Beach, Florida 32980 a
Attention; Liz Fulani
Mar. 30. 1983,.
Tommy Thomas, Community Services Director, assured
Commiss-ioner Lyons that the hours will be posted at the
parks involved as they cannot be enforced unless posted.
The Chairman opened the Public Hearing and asked if
anyone wished to be heard. There were none.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Scurlock,
the Board•unanimously closed the
Public Hearing.
31 wag 53 PAGE
r
go
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Bowman, that
the Board adopt Resolution 83-25
establishing closing hours for certain
County parks and beach access sites, as.
recommended by staff; those closing hours
to be posted at said locations.
Commissioner Scurlock said he had mixed emotions about
establishing closing hours at these park and beach locations
as there is nothing nicer than looking at the ocean at
night, but.on the other hand there were people who,
unfortunately, could not control themselves; it is a case
where a lot of people have to suffer because of a few. He
stated he had some difficulty in voting for the resolution.
Commissioner Lyons agreed, but did not see any other
solution.
Commissioner Bowman felt regret for the need of the
closing hours, but believed it was the only alternative open
to them. She hoped that in time the closing hours could be
lifted.
Chairman Bird said Wabasso Beach would still be open
along with Conn Beach which closes at 10:00 P.M.
Question arose about the Tracking Station not being
included in the Resolution. Attorney Paull explained that
it could not be included today, as it had not been
advertised. It was agreed this could be taken up at a later
date. ,
The Chairman CALLED FOR THE QUESTION.
The Motion was voted on and carried unanimously.
32
RESOLUTION NO. 83-25
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA ESTABLISHING BY
RULE CLOSING HOURS FOR CERTAIN COUNTY PARRS AND
BEACH ACCESS SITES.
WHEREAS, the Board of County Commissioners of Indian
River County have determined that itis in the best interest of
the citizens of Indian River County.to establish pursuant to the
"Indian River County Park Ordinance" rules providing for closing
hours of certain County parks and beach accesses.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY that the following rules are
hereby ad6pted pursuant to Section 17 - 1/4-4 (a) of the Indian
River County Code of Laws and Ordinances;
1. The following County parks or beach access points
shall close and all individuals shall vacate at §unset.;
(a) Seagrape Trail
(b) Turtle Trail
(c) the oceanside of Round Island Park
(d) Gifford Neighborhood Park
2. The following County parks shall close at sunset and
all individuals except those launching or retrieving boats shall
vacate;
- (a) the riverside of Round Island Park
(b) Dale Wimbrow Park
(c) Ambersand Park
This resolution shall be filed with the Clerk of the
Circuit Court of the County and shall become effective when so
filed.
The foregoing resolution was offered by Commissioner
Lyons who moved its adoption. The motion was seconded by
Commissioner Bowman and, upon being put to a vote, the vote was as
y
follows:
Chairman Richard N. Bird - Aye
Vice-Chairman"Don C. Scurlock, Jr. - Aye
Commissioner Margaret C. Bowman - Aye
Commissioner Patrick B. Lyons - Aye
Commissioner William C. Wodtke, Jr. - Aye
The Chairman thereupon declared the resolution duly
-1-
afi
APR 6* 1983 a r K 53 fA'E V -
passed and adopted this 6th day of April lgg3. v
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER,COUNTY, FLORIDA
By 4`
RICHARD N. BIRD',
Chairman
Attest: /&)h
FREDA WRIGAT,Litlerk
f
APPROVED.A TO FORM
AND LEGA UFF CI
By
C uxY A. BR DENBURG
y Attorney
-2-
1983 LIFEGUARD PROGRAM - REQUEST FOR ADDITIONAL FUNDS
The Board reviewed the following memo dated 3/24/83:
TO: Board of County DATE: March 24, 1983 FILE: April 6, 198:
Commissioners Agenda
THROUGH: Michael Wright
County Administrator
SUBJECT: 1983 Lifeguard Program
1. -��
FROM: L. S. '/Tommy" Thomas REFERENCES: Memorandum 2/4/83
Director, from Bill Cook
Community Services Division
Attached is a copy of a memorandum from Bill Cook dated 2/4/83
relative to the 1.983 Lifeguard program. This has been presented
to the Parks and Recreation Committee, who have unanimously
approved a request in the amount of $7,000 for this program
to be recommended to the Board of County Commissioners. If
the Board approves this request, it will be necessary to make
the following budget transfers:
$7,000 from Board of County Commissioners contingency
fund 001-199-513-99.91 to the Parks account 001-210-572-11.13
The current balance in the Board of County Commissioners
General Fund contingency account is $272,795.
APR 6 1983 34 ����53N41-]D
PROPOSED 1983 LIFEGUARD PROGRADi
Chairman Bird distributed copies 'Cfthe proposed 1983
Chairman
R " c .. .
Lifeguard progra;n,which -.is- hereby ' madea' part of -t thele minutes.
TO: TOMMY THOMAS DIRECTOR
COMMUNITY SERVICES DATE: FEBRUARY 4, 1983 FILE:
FROM: BILI, CocK '�
PARKS SUPERVISOR
LIFEGUARD CAPTAIN
SUBJECT: PROPOSED 1983 LIFEGUARD
PROGRAM
REFERENCES:
I• Jon Hallquist was a '' a-
ppointed on January 28, 1983• He is presently
guarding Wabasso.Beach 5 daysa week and will continue doing so
until Memorial Day Weekend.'
Jon is currently enrolled in a First Aid Course given by the
I•R•V•A•C. two nites a week and a C.P.R. Course given two nites
a week.
The first week in March, Jon is scheduled to teach an advanced
Life Saving Course at the Y.M.C.A. pool under the Sponsorship of
the American Red Cross.
Jon is alsoplanning to attend an E.M.T. Course that will begin
in April. f -
II. Beginning Memorial Day Weekend, the Life
"post" guards each morning, relieve them ingthedcourselofwth day,Y
provide back up in emergency situations, conduct a daily exercise
Program, provide training and maintain discipline. He will also
be responsible for coordination and liason with all day camps
using the KHP and Wabasso Beach Waterfronts.
PART TIME LIFEGUARD
Position currently open. Duties will be to
uard
two days a week until Memorial Day Weekend and fr m Laborsso DayBeach
through September 30th. During the summer months will "fill in"
for the Lifeguard Captain on his days off.
35
E J
i
TEMPORARY LIFEGUARDS (2) Y
To guard KHP and Wabasso Beach from Memorial Day Weekend
Labor Day. through
TEMPORARY PART TIME LIFEGUARDS (2)
To work from Noon to 6pm on Saturdays, Sunday s and. Holidays
between Memorial Day Weekend and Labor Da
the Temporary Lifeguards on their day's off. To work in place of
w
SUMMER LIFEGUARDS
Regular Guards
7 Days at 8 hours 56 hours x 2 Guards
14 weeks = 112 hours Per week
Part Time Guards
14 Weekends x 2 Days = 28 Days
Holidays t 2-
31,Days x 6 hours = 186
2 Guards (1 at Kiwanis-Hobart Park - 1 at Wabasso Beach Park) _
4.24 per hour
Workmans Compensation .0172 8'225.60
Social Security 067 141.49
14
8,36 .1 7.09
YEAR ROUND -PART TIM'IE GUARD TO ALLOW
LIFEGUARD CAPTAIN DAYS OFF - 32 -
WEEKS LEFT IN FISCAL YEAR
32 Weeks x 2.. Days = 64 Days
Holidays
69 Days x 8 hours = 552 hours
4.68 per hour
Workmans Compensation .01 2 2'583.36
74444
Social Security 06•
7
Pension 173.26
•1093 282.65
3,083.71
1,568
I
APR - 1983 36 boo' 53
our:
Summer Lifeguards 8,367.09
Bart Time Year Round Guard
3,083.71
Total 11,450.80
Lifeguard Captain
Base Salar-T
11,832
1/3 fringe
benefits
3,944
Total Yearly
Less 1/3 of
Cost
15,776
year
�`
Remainder of
year cost
$10,517
Already Budgeted
Requested Amount $7.000
11,450.80
f
10,517.00
21,967.80
_15,000 —
6,967.80
With the additional $7,000 requested, we would have 7 day
coverage from Memorial Day through Labor Day at Wabasso Beach'Ahd
Kiwanis-Hobart Park, and relief for the guards. There would also
be extra guards at both places on Saturdays, Sundays and Holidays
from Noon until 6:00,P.M., and a guard would be placed at Wabasso
Beach"from now until Memorial Day. If we did not place a guard
at Wabasso between now and Memorial Day, it would reduce the
amount by $1,300:
ON MOTION by Valari.e Brant/ SECONDED by Terry Goff, it was
unanimously agreed to present. Mr. Cook's request for an
additional $7,000 to the County Commission, and make a reduced_
proposal of $5,700 if necessary.
37
�J
William Cook, Parks Director, addressed the Board and
explained his request for additional funds for the 1983
Lifeguard Program, noting that this would be an expansion of
the lifeguard program to provide protection at
Kiwanis-Hobart Park and Wabasso Beach Park through the
summer. This would allow for a full-time guard on a 7 -day a
week basis at each location, plus a part-time guard from
12:00-6:00 on Saturdays, Sundays and Holidays on a
year-round basis, from now until the end of this fiscal
year. Additional funds would also provide for a lifeguard
being on duty two days a week to allow the lifeguard captain
two days off. The lifeguard captain could then be checking
the two beaches, responding to emergencies, and allowing
relief to the guards on duty. He stressed that lifeguards
'must have some break periods.
Mr. Cook reported that'our current lifeguard captain
has been training people and described the rigid
requirements, which included an advanced lifesaving course,
surf rescue, and physical endurance tests. He stressed the
importance of starting the part-time guards as soon as
possible, but stated the actual summer program begins
Memorial Day weekend and ends Labor Day weekend.
Considerable discussion took place as to whether the
County -should pay the cost of providing lifeguard protection
for organized summer activity groups and day camp groups.
Commissioner Scurlock felt that the people who are
using these services should be paying for them under a fee
structure rather than adding these to the ad valorem taxes.
Commissioner Lyons felt that when the County has a
place -open for swimming activities, adequate lifeguard
protection has to be provided, especially during crowded
conditions; -but how to pay for it is another matter
altogether and he believed these issues should be dealt with
separately.
38 53 150
APR 1983
Commissioner Wodtke agreed that the County has done a
lot to develop our beaches, particularly Kiwanis-Hobart and
Wabasso, which are becoming more popular. He stressed the
need for lifeguards to be on duty seven days a week at these
parks, which would still only give minimal protection.
MOTION WAS MADE by Commissioner Wodtke,
SECONDED by Commissioner Lyons, that the
Board accept staff recommendation to approve
the transfer of $7,000 additional funds for
the 1983 Lifeguard Program from the County
Commissioners contingency fund 001-199-513-99.91
to the Parks account #001-210-572-11.13; and
request the City and County Recreation Commissions
to address the problem and return with a recom-
mendation on adequate funding for lifeguard
services and other services the County performs
when organized groups use the parks.
Discussion followed with Commissioner Wodtke suggesting
that the Parks & Recreation Commission need to establish
,some guidelines relating to organized groups.
Chairman Bird felt these were public beaches and
lifeguard protection must be provided; but that funding
should be brought up at the next budgetary meeting, as to
whether it is being subsidized as.a school board function,
etc.
Tommy Thomas felt if investigation is started on costs,
it should not be limited to just lifeguard service, but
should also take into consideration cleanup costs and other
expenses.
Administrator Wright suggested that we look at the
entire revenue side of the Parks Department.
39
M
The Chairman CALLED FOR THE QUESTION.
The Motion was voted on and carried unanimously.
DISCUSSION RE STOLEN EQUIPMENT AT GIFFORD PARK
Commissioner Lyons felt it is very important that the
recreation program at Gifford Park be continued and he
proposed that we authorize the necessary expenditure from
the General Fund contingency to replace the materials stolen
from Gifford Park.
Administrator Wright reported that the loss of
equipment amounted to $1500 and -the items were insured, but
with a $500 deductible. He believed these items can be
roplaced out of the -Park's budget, and if they should run
out of funds, they will come back to the Board.
Chairman Bird said that the loss of $1500 equipment
included mostly that which"was donated by MacDonalds. He
reported gloves were needed for the senior baseball league
and our other programs and asked that interested parties
search their back closets and garages for discarded baseball
gloves and donate them to the County program by dropping
them off at the County Administrator's office.
It was also noted that sponsors are needed for the
baseball teams.
Administrator Wright stated that he will see that the
equipment is replaced and did not feel a Motion was
necessary.
ANNUAL COUNTY PICNIC
Commissioner Wodtke expressed his appreciation to Bill
Coo$ and his crew for their efforts in the successful County
Picnic, and Commissioner Scurlock felt the employee picnic
was one of the best. things we do in the personnel area.
:4- - PURCHASE OF'LAND BY HUMANE SOCIETY
The Board reviewed the following letter dated 3/28/83:
a�
PAGE ID
-t'a �� -a t'CIStJ1i11C)
Core .U��' OX 64 Rd �.
BM-041
U-0 4 VE BM- 1' )-ftOR4I4-*32960
Fps � J uev.
Utl lE Ues
17 r f v " W1r&keR8, 198.---
®
0t!; -,r
m
305-567-2324
The Honorable Dick Bird '
Chairman of the County Commission
Indian River County
'
Vero Beach, Florida 32960
Dear Mr. Bird,
The Humane Society of Vero Beach proposes to purchase
from Indian River County five
acres of land located on
South Gifford Road as has previously been identified
as
the North 5 acres of the East 10 acres of -Tract 10,
Section 28, Township the
32.in South Range 39.
The purchase price offered is $2,000 per acre total-
ing $10,000
in cash.
The sale is contingent upon:
1. Site plan approval for construction of an
k animal shelter being granted.
2. Provision of City water to the site by the seller.
3. Testing and approval of the site by the State
Department of Environmental Regulation.
The five acre site will be: used to construct and main-
tain facilities for.,homeless animals and to conduct the
various programs of the. Humane Society. The operating
policies of the Humane Society will continue as presently
performed.
BOARD OF DIRECTOR5
Christine Fletcher, Pres,
If the Humane Society at a future time is dissolved the
ore
Henry Doremus. DVM, ist V.P.
DorothyReynolds.2ndV.p.
land and buildings will revert to the pe o le of Indian
River County to be for
Andy Beindorf, Tres.iSecy,
used the care of iomeless animals.
BesseBeacham. Advisory
If the Humane Society desires to sell the property, it
Charles Block
Elizabeth Brackett
will first be offered to the - Count for its
y �. ppra.ised value •
Alison Brewster
_
Diane King
PailKanarek
_ Co.rdislly submitted,
Jane King
`
Elsie Miller
Helen Murray
Barbara B. Nolte
Bayard F. Pope. Jr.
'
Charles Taylor. Cdr:
Henry 11. Doremus, DVM
HI41D/dmr
Joan Carlson, Fsec. M.
First Vice President
Henry Doremus, First Vice President of the Humane
Society, addressed the Board and reviewed briefly the
history of the Humane Society's attempts to find a new
location. He urged that the Board of County Commissioners
consider the sale of the five acres of the landfill property
located on South Gifford Road for $2,000 per acre.
41
Commissioner Scurlock expressed his problem with the
last sentence of the Humane Society letter, which states
that if the Humane society desires to sell the property, it
will first be offered to the County for its appraised value.
He stated that he was not particularly interested in
receiving $10,000 fQr the property, $1.00 would be fine, but
he felt the property should revert to the County at no cost.
Mr. Doremus replied that if the Humane Society ever
decides to sell the property, it would probably be because
of the burden of taking care -of the County contract would be
overwhelming. At that point, they would like the County to
take over that facility and operate it as an animal control
facility, and the Humane Society would then move to another
location and carry on more of the anti -cruelty type of work
'it is really designed.to do. The total estimate of building
the proposed facility is $350,000; so, if this all reverted
at no cost, they then would not be in a financial position
to reinvest in another location, which is why they included
that provision. If the Humane Society should cease to
exist, however, everything, of course, would revert to the
County.
Commissioner Scurlock continued to discuss the
provision to give the County the first right to purchase,
and brought up the possibility of obtaining an MIA appraisal
and eliminating the cost of the land. He noted that we need
a vehicle so that we are consistent about use of public
land; we must protect the public interest.
Commissioner Lyons stated he would be willing.to go
along with the provision if we could recover the land cost.
Mr. Doremus stated that the Humane Society feels very
strongly that the property should be purchased at a fair
purchase price.
Discussion followed and the Commissioners felt that
something can be worked out through negotiation.
42
61983
It was
5 � PAGE x,54
53 FAUGE 155 -
generally
agreed that the real estate would have to be
handled separately.
_a
Chairman Bird noted that the Commission had asked the
Humane Society to return with a sketch or plat, showing how
they propose to use the property, the buildings, pen areas
etc.
Mr. Doremus presented a site plan to the Board, and
answered questions regarding parking, perimeters of the
tract, and what areas are unusable for building due to high
readings of methane gas. He stated that surface units can
be built on the methane area for cattle, pigs, wounded birds
-- any units that would not require a concrete slab.
Commissioner Lyons suggested that the proposal should
read "the provision of potable water" instead of "the
provision of City water".
Administrator Wright confirmed that the County will be
able to get the water there, but someone has to pay for it.
Mr. Doremus noted that all -this is contingent upon
whether they actually can keep this area free of methane
gas and the Department of Natural Resources gives them the
go ahead. He stated the purpose in coming here this morning
..was to get the Commission's reaction on two matters: 11 To
see if the County will negotiate on the sale of the prop-
erty, and 2) to see if they will grant a release of easement
for parking cars on the strip adjoining the 75 feet.
Administrator Wright felt we -would be reasonable about
the parking easement, but wanted to take a look at it first
and have an opportunity to work these things out.
Mr. Doremus felt their next step now is to get an
engineering firm to tell them what the costs will be and
what they have to do to make that land usable.
The matter of water was discussed again in regard to
how it could be run across from the Road & Bridge Complex.
43
The Commissioners requested the Utilities Department to
estimate the costs involved.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the
Board unanimously authorized the County
Administrator and staff to work with the
Humane Society to come up with a definitive
plan and solutions to present to the
• f
` Commission.
REQUEST FOR FINAL PAYMENT - COUNTY JAIL ELECTRICAL
IMPROVEMENTS
The Board reviewed the following memo -dated 3/28/83:
TO: THE HONORABLE MEMBERS OF THE DATE: March 28, 1983 FILE:
BOARD OF COUNTY COMMISSIONERS
THROUGH: Michael Wright, County Administrator
SUBJECT: Request for Final Payment - IRC Project#81
County Jail- Improvements- Division V -
Electrical- Paul White Electric, Inc
FROM: James W. Davis, P.E. C�A REFERENCES:
Public Works Director
DESCRIPTIONS AND CONDITIONS
Indian River County and Paul White Electric, Inc., entered into an agreement
on July 12, 1982 for lighting and miscellaneous electrical work at the County Jail.
The cost of the original contract work and two minor change orders approved by the
Board totaled $23,837.40. The notice -to -proceed was issued for work to begin July
19, 1982, and work was to be completed on or before August 18, 1982. After the
special security light fixtures were ordered by the contractor, the manufacturer
informed Paul White Electric, Inc.., that delivery could not be scheduled until
March 1983.
Installation was completed, March 21, 1983. The materials supplied and work
performed does meet the contract requirements. The Jail Administrator, Jail Main-
tenance Foreman, Architect John Calmes, The Public Works Director, and Building
Maintenance Supervisor have all inspected the work and have no objections to final
payment.
44 soot 53 PAk56
APR 61993 -
APR 6 1983 8-
53
415 7
ALTERNATIVES AND ANALYSIS
Since the work is complete, the following alternatives is present
Approve final payment in the amount of $16,352.64 from Account
#001-906-523-66.39 (unencumbered balance as of 3/18/83 is approx-'�
imately $39,000). Approve a time extension of 215 days and
accept project as complete on March 21, 1983. The one year war-
rantee period shall begin March 21, 1983 and shall expite March
21, 1984.
Accept the contractor's final payment affidavit.
RECOMMENDATIONS AND FUNDING
Alternative #1 is recommended wbereby the Board of County Commissioners.
1)Approve final payment in the amount of $16,352.64. Funding to
be from the General Fund Jail Renovation Account #001-906-523-66.39
(Unencumbered balance is approximately $39,000).
2)Approve a time extension of 215 days to the original completion
date due to materials delay. Accept project as complete on 3/21/83.
Warrantee period to begin 3/21/83.
3)Accept contractor's final payment affidavit.
Public Works Director Jim Davis explained that the work
authorized is now complete and there had been a delay due to
certain light fixtures requiring a 7 -month manufacturing
schedule. He reported that on inspection, it was discovered
that one small light fixture had'not been installed and he
recommended that the final payment be made contingent on
installation of that fixture.
6N MOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unani-
mously accepted staff recommendation and
approved final payment as set out in Alterna-
tive #1 subject to the installation of the
final light fixture.
DISCUSSION RE PROPOSED RULE REVISION ON DEEP WELL DRILLING
Commissioner Scurlock explained he had requested this
item be added to today's Agenda because he had received on
March 25, 1983, a proposed rule revision (Chapter 40C-3.05
(1) (a) from St. Johns River Water Management District that
would basically allow a well to be drilled at driller's risk
1 ��
45
prior to the issuing of a Consumptive Use Permit. He felt
it is very difficult to say no to such projects once they
are started and felt strongly that a Consumptive Use Permit
should be obtained first. He recommended a letter of
objection be sent to the water management district.
Commissioner Lyons reported he had personally written a
letter opposing the revision.
MOTION WAS MADE by Commissioner Lyons,
J
SECONDED by Commissioner Scurlock, to
authorize the Chairman to write to the
St. Johns River Water Management District ,
Board indicating that the Commission opposes
the proposed rule revision and feels that the
District should not issue a permit for drill-
ing until they obtain sufficient information.
Commissioner Wodtke said he would like to talk with a
representative from the water management district to hear
some of the reasons why they are proposing these changes and
felt the Commission should request a special meeting on this
matter.
Commissioner Scurlock believed they are proposing this
change, -because of the timing involved in the developer
getting the consumptive use permit. He believed this is the
wrong way to go about it; he.wanted to object to it; and he
did not feel the need for additional information.
.y
The Chairman CALLED FOR THE QUESTION.
It was voted on and carried 3-2, with
Commissioner Wodtke and Chairman Bird
voting in opposition.
46
APR_ 6 1983
APR 6 1983
PUBLIC HEARING - REQUEST ABANDONMENT OF RIGHT-OF-WAY BY
ROBERT NEELEY
The hour of 11:00 o'clock A.M. having passed, the
Deputy Clerk read the following Notice with Proof of
Publication attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a��c�
in the matter of _T
In the Court, was pub-
lished in said newspaper in the issues of /i l�. /j Z G
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore.
been continuously published in said Indian. River County, Florida, each daily and has been
entered as second class mail matter at the post office In Vero Beach, In said Indian River Coun-
ty, Florida, for a period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Sworn to and subscribA be ?a me flats day of 'u� A.D. 19 �y
Manager)
(Clerk of the-CI-rcuit Codrt, Indian River County, Florida)
(SEAL)
NOTICE PUBLIC HEARING
Notice of hearing to oonslder a petition for the
closing, abandonment and vacation of 3rd Street,
between 17th and 18th Avenues, as shown on the
plat of Indian River Heights Subdivision, Unit 3..
A public hearing at which parties, in Interest
and citizens shall have an opportunity to be
heard, will be held by the Board of County Com-
missioners of Indian River County Florida, in the
County Commission Chambers of the County Ad-
ministration Building, located at 1840 25th Street,
Vero Beach, Florida, , on. Wednesday,; . Aprti 8,
1983, at 11.00 A.M.
If any person decides to appeal any decision
made on the above matter, he will need a record
of the proceedings, and for such purposes, he
may need to ensure that a verbatim record of the
prof od n98 Is made, which includes testimony
and evidence upon which the appeal Is based. r
Indian River County
Board of County Commisslonsrs
By: Richard N. Bird, Chairman ,
Mar. 18, 1983: ak:_ _ _ 't res $� A
The Board reviewed the following memo dated 3/18/83:
47
TO: The Honorable Members of DATE: March 18, 1983 FILE:
the Board of County
Commissioners
DIVISION HEAD CONCURRENCE: RIGHT -OP -WAY
• - ABANDONMENT REQUEST
SUBJECT: SUBMITTED BY
Patrick Bruce King, A P MR. ROBERT NEELEY,
et al.
<tTHROUGH: Bob Keating, AICP
Planning & Zoning Dept. Manager
FROM: Mary Jane V. Goetzfried, REFERENCES:
Staff Planner _
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting on April 6, 1983.
DESCRIPTION & CONDITIONS
On December 22, 1982, Mr. Robert Neeley representing himself and
others, submitted a petition requesting the County to abandon its
rights to a portion of 3rd Street, lying between 17th and 18th
Avenues as shown on the plat of Indian River Heights Subdivision,
Unit 3 (see attachment #2).
In accordance with the administrative guidelines approved by the
Board of County Commissioners for the processing of right-of-way
abandonment applications, the request was reviewed by all County
departments and utility providers having jurisdiction within the
roadway.
In the past-, the road has been maintained by the County. The 70'
right-of-way does not provide adequate access nor is it essential
to the traffic flow through the subdivision.
In an effort to eliminate non -perpendicular lot lines and thereby
creating more uniform shaped lots, the four adjacent property
owners a4reed to an equitable division of the 3rd Street
right-of-way. Each new lot line will lie within a dedicated 20'
drainage and utility easement (see attachment #3). It was this
proposal that was considered by the reviewing agencies, which
included the Department of Public Works, Utilities, Florida Power &
Light, and Southern Bell. All responses recommended approval of
the request with the condition that drainage and utility easements
be retained. If the right-of-way is abandoned, it shall be the
responsibility of the property owners to obtain feesimple title to
the land as originally agreed upon. This may be accomplished
through the recording of the appropriate quit claim deeds.
The plat of Indian River Heights subdivision depicts 3rd Street
curving to the southeast and ultimately merging with 2nd Street
east of 18th Avenue.. Upon the recommendation of the Director of
Public Works, -staff is currently reviewing the feasibility of also
abandoning the eastern portion of this roadway.
ALTERNATIVES & ANALYSIS
Vacation of this non-essential roadway will eliminate the County's
48 aax 53 4`cE 160
APR 6 1983
APR 6 1983
need to maintain the dedicated street and at the same time relieve
the County of any potential liability.
RECOMMENDATION
Staff recommends the County abandon its rights to that portion of
3rd Street lying between 17th & 18th Avenues as shown on the plat
of Indian River Heights Subdivision, Unit 3 and authorize the
Chairman of the County Commission to execute the Resolution in
Attachment 5.
Mary Jane Goetzfried, Planning & Zoning Department,
explained the past history of this right-of-way. Using.a
subdivision plat, she pointed out that the road does not
lend itself to good traffic patterns through the subdivision
and staff recommended that this right-of-way be abandoned.
Commissioner Wodtke asked if the owner of lot #1 shown
on the plat map would acquire what would be the equivalent
to 161 foot frontage and could that owner split that lot and
build a home on it.
Bruce King, Director of Planning & Zoning, explained
that a minimum lot frontage is 75 feet in that zoning
district and the owner could subdivide. However, there is a
provision about further subdividing of lots within existing
platted subdivisions.
Attorney Paull stated that in order to subdivide this
,particular lot, the owner would have to comply with the"very
last revision of the subdivision ordinance which requires
that division of any lots in a recorded subdivision have to
be in a manner that they are not creating any lots that are
smaller than or inconsistent with.the surrounding building
.;.x nr.� r.si:s��_ ,,��x4:, :, n"'°g0 &i.�„"»v'L"`
sites. If that owner was going to split that lot andcreate
a lot that is compatible with what is already there, he
could do so without recording a new plat or anything of that
nature.
Commissioner Wodtke felt that in this particular case,
it certainly would be a windfall of considerable value, and
perhaps there is a way the County could be compensated.
49
�J
Attorney Paull explained that when a governing body has
dedicated right-of-ways, that property is to be held in
trust for the public's benefit and it is not proper for the
County to then sell the property at such time as somebody
requests it be abandoned. If it was something that the
County had purchased or acquired for some consideration,
then we would be in a different position.
Attorney Paull continued that after this is abandoned,
the property splits and reverts in equal proportions, but it
r
is not on the nice straight lines shown on the plat, and the
owners are going to have to work out a boundary settlement
amongst themselves.
Chairman Bird opened the Public Hearing and asked if
anyone present wished to be heard. There were none.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously closed the Public Hearing.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously accepted staff recommendation
to adopt Resolution 83-26 abandoning its -
rights to that portion of 3rd Street lying
between 17th & 18th Avenues as shown on the
plat of Indian River Heights Subdivision,
Unit 3.
Y
APR Z 1983
50
aot3 Pc' 162
APR • 63 346068
,b 60 KT
3 UE 193
' RESOLUTION 83-26
IN
*1",010
• • • :• • •�r • ••. • r -�.-• i�•
• r it109,
• rr • • •.• rr r • • i
61 0
DID.it �+ it �• r
• � • «�•w• r • � i� •• r•• r na r it
WHEREAS, on December 23, 1982 .the County received a duly
executed and documented petition from Robert E. Neeley, of 305 17th Avenue,
Vero Beach, Florida, requesting the County to close, vacate and abandon and
disclaim any right, title and interest of the County and the public in and to
all that portion of 3rd Street lying between 17th and 18th Avenues as shown
on the plat of Indian River Heights, Unit 3, as recorded in Plat Book 6, Page
49 of the Public Records of Indian River County, Florida;
WHEWEAS, in accordance WITH Florida Statutes S 336.10, notice
of a public hearing to consider said petition has been duly published; and
WHEREAS, after consideration of the petition, supporting
documents, staff investigation and report, and testimony of all those
interested and present, the Board finds that said right-of-way is not a state
or federal highway, nor located within any municipality, nor is said
right-of-way necessary for continuity of the County's street and thoroughfare
network, nor access to any given private property; with the sole exception
that a portion of said right-of-way is deemed necessary for drainage and
utility purposes as reserved below.
NOW, TIFRMRE, BE IT RESOLVED BY THE BOARD OF" COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
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1. All right, title and interest of the County and the
public in and to that certain right-of-way known as 3rd Street, which lies
between the extension of the right-of-way lines for 17th Avenue and 18th
Avenue, all as shown on the plat of Indian River Heights, Unit 3, as recorded
in Plat Book 6, Page 49 of the Public Records of Indian River County,
Florida, is hereby forever closed, abandoned, vacated, surrendered,
discontinued, remised and released with the exception that the following
described drainage and utility easements are hereby reserved in perpetuity
unto the County and the public and shall not be deemed to have been closed or
abandoned in any way by this resolutions
a) AN EASE BEING 20.00 FEET IN WIDTH LYING 10.00 FEET
ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINES:
Begin at the northeast corner of Lot 13, Block "C"
as shown on the Plat of Indian River Heights, Unit 3, as recorded in Plat
Book 6, Page 49 of the Public -Records of Indian River County, Florida; thence
easterly along a line parallel with the south line of said 13, a distance of
130.00 feet more or less to a point on the westerly right-of-way line of 17th
Avenue as shown on said Plat of Indian River Heights Unit 3, and the Point of
Termination of the herein described centerline.
P-1
Begin at a point 63.60 feet north of said northeast
corner of Lot 13, said point being on the northerly projection of the east
line of said Lot 13, thence westerly along a line parallel with the south
line of said Lot 13, a distance of 135.00 feet more or less to a point on the
easterly right-of-way line of 18th Avenue as shown on said Plat of Indian
River Heights, Unit 3.
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AN EASIIAENr BEING 20.00 FEET IN WIDTH LYING TOTALLY WITHIN THE RIGHT -OF -My
OF 3RD STREET AS SHOWN ON SAID PLAT OF INDIAN RIVER HEIGHTS, UNIT 3, WHOSE
WEST AND EAST BOUNDARIES ARE RESPECTIVELY DESCRIBED AS FOLLOWS:
Begin at the intersection of a line parallel and 10.00 feet west of, as
measured at right angles to, the east line of said Lot 13, Block "C", with
the south right-of-way line of said 3rd Street; thence northerly along said
parallel line to the north right of line of said 3rd Street
M
Begin at the intersection of a line parallel and 10.00 feet east of as
measured at right angles to, the east line of said Lot 13, Block "C", with
the south right-of-aay line of said 3rd Street; thence northerly along said
parallel line to the north right-of-way line of said 3rd Street.
2. Notice of the adoption of this resolution shall be
forthwith published once within thirty (30) days frau the date of adoption
hereof; and
- ' 3. The Clerk is hereby directed to record this resolution
together with the proofs of publication -required by Florida Statutes §336.10
in the Official Record Books of Indian River County without undue delay.
The foregoing resolution was offered by Commissioner
Scurlock who moved its adoption. The motion was seconded by
Commissioner Lyons and, upon being put to a vote, the vote was as
follows:
Chairman Richard N. Bird Aye
Vice-Chairman.Don C. Scurlock, Jr. Aye
Commissioner Patrick B. Lyons Aye
Cannissioner William C. Wodtke, Jr. Aye
Comissioner Maggy Bowman Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 6th day of April, 1983.
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BY:
CHARD N. BIRD, Chairman
Approved a form
and leya IC* c
ar . Brandenburi�
liounty AttorneL"._J
89 53 PAGE,`
Attest
jAr-�'
FREDA WRIGHT, ler3
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BY:
CHARD N. BIRD, Chairman
Approved a form
and leya IC* c
ar . Brandenburi�
liounty AttorneL"._J
89 53 PAGE,`
r APR 1983
eQv 5 qac
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in this State and County to take acknowledgments, personally
appeared RICHARD N. BIRD and FREDA WRIQU, as Chairman of the Board of County
Commissioners and Clerk, respectively, to me known to be the persons
described in and who executed the foregoing instrument and they acknowledged
before me that they executed the same.
WITNESS my hand and official seal in the County and State last
aforesaid this 4Aday of A.D., 1983. f
s
Notary PubTEC ;
NOTARY' PUBLIC STATE OF KOR-6 .
BONDED THRU GENERAL INSURANCE UND .. `
MY COMMISSION EXPIRES JULY 8 1986
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REQUEST FOR CERTIFICATE OF CONVENIENCE - FLIGHT NURSING
The Board reviewed the following letter addressed to
Commissioner Lyons:
FLIGHT
u NURSING, INC.
Aero -Medical Transport
7071 W. Commercial Blvd., Suite 2-B
Tamarac, Florida 33319
(305) 726-1106
March 16, 1983
Mr. Patrick Lyons
Indian River County Commissioner
18.0 - 25th Street
Vero Beach, Florida .
Dear Mr. Lyons.-
FLIGHT
yons:
FLIGHT NURSING, INC. is an ALS licensed transport
group.' As the only advanced statewide aero -medical
group with air -draft -and equipment stationed strate-
gically throughout the State of Florida, our availa-
bility to you for a controlled transport environment
is only a phone call.a.way. Within the next three
months, local phone service'will. be installed in a
large number of major cities throughout the state
for your convenience.
We have been requested by the State of Florida to
secure from each county a letter of consent. This
letter would allow our aircraft to land and pick up
patibnts in your county.
We would appreciate -your expeditious handling of
this matter. Thank you.
Sincerely,
Bernard Goldstein,
Interhospital Coordinator
53 So 53_ PAGE 166
Commissioner Lyons questioned the County's need for
another air ambulance service as the one we have appears to
be adequate for our needs.
Pat Hazen, owner of Odum Aviation d/b/a Sea/Air, an air
ambulance service, informed the Board of the new rules for
emergency services. She felt the Legislature's intent to
set some standards for medical care was excellent, but the
problem was they failed to separate the rules for ground
emergency services from air emergency services. In example,
Ms. Hazen noted that C&J Ambulance Service which serves
three counties, would be required to have certificates from
those three counties; an air ambulance service, however,
operates anywhere, which means it would have to obtain
certificates of need from all of the 67 counties in Florida.
Ms. Hazen continued that she has talked to the Ambulance
Licensing Coordinator of the Department of Health &
Rehabilitative Services, who indicated that they are not
going to police this since they'do not have the funds to do
so, and he -suggested letters be written to the Legislature
in regard to exempting air ambulance services from this
requirement.
Ms. Hazen -then stated that if Flight Nursing, Inc.", did
ask to put a branch office in Vero Beach, she would object
strenuously as the track record indicates that there is just
not enough air ambulance business to justify the operation
of two companies. She noted that.if the Board denies the
request made by Flight Nursing, they will land here anyway
since there are no federal aviation regulations that prevent
any lifeguard operation from going into any airport at any
time. Ms. Hazen felt that an air ambulance service should
only be required to obtain a certificate of need in the
county in which they are based or where they might have a
branch office.
54
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Commissioner Scurlock noted that State law is requiring
the air ambulance service to get this certificate of need
from each county, and whether they enforce it or not, and
whether this is a well written law or not, it is the law
until it is changed. He questioned how we can say there is
not a need when the.State says otherwise.
ON MOTION MADE by Commissioner Wodtke, SECONDED
by Commissioner Lyons, Commissioners Scurlock
and Bowman voted in opposition, the Board by a 3
to 2 vote, denied the request of Flight Nursing,
Inc., for a Certificate of Need due to the fact
that there has been no information presented,
either in writing or by appearance of a represen-
tative of Flight Nursing, indicating that the
needs of Indian River County are not being met by
our current service.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously
authorized the Chairman to write our Legislative
Delegation and ask that the requirement for
a Certificate of Need for air ambulance
-services extend only to those counties in which
the service is based or has a branch office.
COMPUTER SYSTEM FOR STATE ATTORNEY
The Board reviewed the following letter from State
Attorney Robert Stone:
55 80", 53 pA��
OFFICE OF THE STATE ATTORNEY
Nineteentit Judicial Ciratit of Florida
Serving
Indian River, Mortin,
Okeechobee and St. Lucie Counties
ROBERT E. STONE March 22, 1983
State :Attorney
Mr. Lynn Williams
County Administrator
Indian River County Administration Building
1840 25th Street
Vero Beach, Florida 32960
Dear Mr. 17illiams:
P.O. Drawer 4401
Fort Pierce, Florida 33450
Telephone (305) 465.3000
Re: Automated Office System
Let me take this OPPOttunity to thank you and the Board of
County Commissioners for your support of this office during this
year of severe state budget cutbacks.
I have endeavored to manage this office within the budget
limitations by reducing expenditures and not replacing employees
who have resigned. However, due to a unique situation, I must
at this time request your assistance on a project that is of
vital importance to the criminal justice system in this circuit.
The Florida Prosecuting Attorneys Association PROMIS Project
is providing the 19th Judicial Circuit with a Burroughs B1955
main frame computer and four word processors, which are required
to implement an automated office system within the circuit. The
cost of this equipment, if borne by the'circuit, would amount to
(in excess of) $230,000, an impossibility -due to current budgetary
limitations.
I have worked to obtain this grant for four years and was
recently awarded this equipment, provided that the counties fur-
nish both adequate office space and suitable site preparation
for this project.
The main frame computer will be located in our St. Lucie
County main office, with terminals and other equipment being
located in -each of the other three county offices. This system
will be utilized throughout the four -county circuit and will
Provide both timely and essential information to us, as well as
all other agencies connected with the criminal justice system.
Site preparation and equipment necessary to install this
computer will be $32,000, which St. Lucie County Commissioners
have agreed to expend, provided that the other counties will
pick up their pro -rated share, since this system is to be used
by all the counties.
Pro—rated Amount
St. Lucie 38% $12,160
Martin 27% 8,640
'Indian River 26% 8,320
Okeechobee 9% 2,880
$32,000
Therefore,I am requesting that you consider expending the
funds necessary for the implementation of this automated office
system,
Very�truly yours
Robert E. Stone
State Attorney
56
Commissioner Wodtke stated that he did not have any
problem with what the State Attorney is trying to do except
as a budgetary problem, and noted that he certainly would
consider it for budgeting next year.
After further discussion, it was decided to defer
action until the State Attorney's office can be contacted to
find out about the time frame involved.
SPECIAL LEGISLATIVE SESSION ON TRANSPORTATION
Administrator Wright reviewed the following letter,
r
noting that this material was presented to the Board for
their information.
«a�6z� orida House of Re resenq;r�es -
t lRance .�
H. Lei Moffitt, Speaker Steve Pajcic, Speaker pro tom qre
Committee on Transportation V"�eC
Tom Gustafson
Chairman
EVice dwChairman
ai an Healey March 17, 1983
M E M 0 R A N D'
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FROM: Tom iustafson, Chairman, Committee on Transportation
RE: Special Session Legislation
Action taken during the recent Special Legislative Session on
Transportation, March 1-3, 1983, resulted in passage of significant
legislation affecting transportation as well as'the lazgest single
increase in transportation funding in Florida's history. Highlights
include:
1) New revenue for the Department of Transportation averaging
$250 million annually.
2) Tough legislation enabling the Department to adequately deal.
with bid rigging on Florida road contracts.
3) Requirement of a perfoTmance audit of several significant
areas of the Department's operations.
4) Up to $220 million of new transportation revenues made
available annually to local governments upon vote of county commission.
The attached information will provide you the details of the
aforementioned tax -package.
Without your interest and supDort, such major accomplishments
would not have been achieved. Should you have any questions or need
additional information, please call on me or my staff.
In an effort to continue this progress, the committee would
appreciate your input on major transportation issues facing either
the State or local governments. Because the Legislature will convene
on April 5, 1983, please Drovide any desired input to the committee
staff prior to March 31, 1983.
SPR 6193 57 6QQK -fiCA10
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APR 6 X1983
BOOK 531 f
Administrator Wright brought up the matter of a local
option gas tax, noting that this is a complicated matter,
but for the County to receive funds even equal to those of
last year, it may be necessary to give this some consid-
eration.
In general discussion, the Board indicated that they
would like the Administrator to research this matter taking
into account our long range paving program. It was also
hoped the Transportation Planning Committee could give us
some feeling of what is ahead.
The Administrator reported that staff is getting all
this information together.
WETLANDS IDENTIFICATION PROGRAM - TCRPC
Administrator Wright requested that the above item be
deferred until the next meeting, and the Board agreed.
CONTRACT FOR PURCHASE OF BRADLEY`PROPERTY FOR LANDFILL
Attorney Brandenburg commented that the purchase of
this property is necessitated in order to continue the
operation at the Landfill. It has been set at the appraised
value, $119,300.00, and the Bradley family requests that the
County split the cost of title insurance with them, which
cost would amount to about $195.00. The Attorney noted that
Community Services Director Thomas has been involved in the
appraisal process and feels it is fair. The appraisal was
done by Floyd Wilkes.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
approved the Contract for purchase of property
near the Sanitary Landfill from the Bradleys
for the appraised price of $119,300 plus $195.00,
and authorized the signature of the Chairman.
W
Commissioner Lyons requested that the Administrator
make some inquiries as to companies that set up power plants
from landfills and see if there is a unit small enough to
make use of our landfill material for fuel.
Contract with the Bradleys for purchase of the above
property is hereby made a part of the Minutes.
CONTRACT FOR THE SALE AND PURCHASE OF REAL PROPERTY
NOTE: THIS IS A LEGALLY BINDING CONTRACT, IF NOT FULLY
UNDERSTOOD, SEER.LEGAL ADVICE.
SAMUEL D. BRADLEY, MARIE D. BRADLEY, his wife, and
FRANCIS M. BRADLEY, NANCY B. BRADLEY, his wife, and JOHN W.
BRADLEY, MARJORIE L. BRADLEY, his wife, hereinafter called the
"Sellers," and INDIAN RIVER COUNTY, a political subdivision of the
State of Florida, hereinafter called the."Buyer," hereby agree
that the respective Sellers shall sell and the Buyer shall buy
from the respective Sellers the following described property upon
the terms and conditions hereinafter zet forth, which shall
include the standards for real estate transactions set forth as
Exhibit "A" to this contract.
1. Legal description of real estate located in Indian
River County, Florida;
(a) John W. Bradley, Marjorie L. Bradley, his
wife;
The East 20.63 acres of Tract 15, Section 25,
Township 33 South, Range 38 East, according to the
last general plat of lands of the Indian River
Farms Company filed in the Office of the Clerk of
the Circuit Court of St. Lucie County, Florida, in
Plat Book 2, Page 25; said land now lying and being
in Indian River County, Florida.
59
APR 6
and
wife;
and
wife;
80% 53 ft,,473
(b) Francis M. Bradley, Nancy B. Bradley, his
The East 10 acres of the West 20 acres of Tract 15,
Section 25, Township 33 South, Range 38 East,
according to the last general plat of lands of the
Indian River Farms Company filed in the Office of
the Clerk of the Circuit Court of St. Lucie County,
Florida, in Plat Book 2, Page 25; said land now
lying and being in Indian River County,
Florida.
(c) Samuel D. Bradley, Marie D. Bradley, his
The West 10 acres of Tract 15, Section 25, Township
33 South, Range 38 East, according to the last
general plat of lands of the Indian River Farms
Company filed in the Office of the Clerk of the
Circuit Court of St. Lucie County, Florida, in Plat
Book 2, Page 25; said land now lying and being in
Indian River County, Florida.
2. Purchase Price. Buyer shall pay to Sellers at
JI 6
closing the sum of $119,300.00, or such greater or lesser amount
as may be necessary to complete payment of purchase -price after
credits, adjustments and prorations, said payment to be by Indian
River County Warrant signed by the Chairman and Clerk of the Board
Of County Commissioners and payable to all Sellers.
3. Time for Acceptance. If this contract is not
executed by Sellers and Buyer on or before April 8, 1983,ttben
this agreement shall be null and void. The date of, contract, for
purpose of performance, shall be regarded as the date when the
last one of the Sellers and Buyer has signed this contract.
4. Closing Date. This contract shall be closed and the
deed and possession shall be delivered on or before the 30th day
of April, 1983, unless extended by other provisions of this
contract.
5. Prorations. Taxes,- rents and other expenses and
revenue of said property shall be prorated as of the date of
closing.
60
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6. Evidence of Title. Within fifteen (15) days from
the date of this contract, the Sellers shall at their expense,
deliver to the Buyer in accordance with Standard A of Exhibit "A"
hereof a title guaranty commitment.
7. Conveyance. Sellers shall convey title to the
aforesaid property to Buyer by Warranty Deed subject to matters
contained in this contract and -taxes for the year of closing.
8. Restrictions and Easements. The Buyer shall take
title subject to
(a) zoning and/or restrictions and prohibitions
imposed by governmental authority.
(b) restrictions and matters appearing on the plat
and/or common to the subdivision.
(c) public utility easements of record, provided
said easements are located adjacent to the boundary lines of the
property and are not more -than ten (10') feet in width.
9. Special Clause. This contract and all parts hereof
are contingent upon the Buyer being able to close simultaneously
on all three (3) properties described in Paragraphs 1 (a), (b) and
(c) of this agreement.
10. Contract Recordable. The parties agree that this
agreement may be recorded in the Public Records of Indian River
County, Florida, at the expense of the recording party.
IN WITNESS WHEREOF, the parties hereto have caused these
presents to be executed in their respective names, on the date set
forthh heneat to their signatures.
Witness 'SAMUEL D. BRADLEY
,pate: j TZE 3
Witness C
1,
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Witness
Witness
Witness
,Witness
Witness -441
�t!s-�r,L�L� �CiiL,
• Witness
IV -it Pss
BOOK 53 ' PaL'El
7-5
MARI '\D. BRADLfEY, his wife
Date:
n.�dt S
F ANCIS M. BRADLEY
Date: 11 43
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NANCY B. BRADLEY, his W11fe
Date:
J N W. BRADLEY
Date:
RJ/O tlE- L. bBR DLEY, his life
!1 -�
Date.__
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BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIV��2//COUNTY
By
RICHARD N. BIRD, Chairman
''n,
At test: iLLL, t) ).. �1
FREDA WRIGHT, Cleyk
Date:TLZe� ar/3
STANDARDS FOR REAL ESTATE TRANSACTIONS
A. EVIDENCE OF TITLE: (1) A complete abstract of title prepared by a reputable abstract firm purporting to be an :iccurate "nopsis of the instrument
affecting, the title to that real propery recorded in public records of that county to the date of this contract, showing in the seller a marketab;c title in am+rdance with till
standards adopted from time to time by the Florida liar, or the local Bar Association, subject only to liens, encumbrance, exceptions or qualtticat-riki set forth in this contra,
and those which shall be discharged by seller at or before closing, (2) a title guarantee commitment issued by a qualified title insurer agreeing t., S -sue to the buyer, upon
recording of the deed to buyer, an owner Guarantee in the amount of the purchase price insuring the title of the buyer to that real property, subject ot:.
to liens, encumbrances; exceptions or qualification set forth in this contract and those which shall be discharged by seller at or before Gloving.
Buyer shall have 30 ..... days if abstract, or 15 .. days if title guarantee commitment, from the date of receiving the evidence of title to examine same. If title is fotm,
to be defective, the buyer shall, within said period notify the seller in writing specifying the defects. If the said defects render the title unmarketable, the seller shai
have 120 ... .. days from we receipt of such notice to cure the defects, and shall use due diligence to do so; but if after said time hats expired, said defects are ne:
cured, Buyer, upon request, shall have an additional 120 ...... days to cure said defects, and the reasonable costs and fees incurred thereby shall be paid by seller. 1:
Buyer dues not ruts said defects within said additional time period, then buyer shall have the option: f 11 accepting the title as it thens, or (2) demanding a refund n!
01 monies paid hereunder which shall forthwith be returned to the buyer, and thereupon the buyer and seller shall be released of all further obligations under this contract
B. EXISTING MORTGAGES: The Seller shall obtain and furnish a statement from the mortgagee setting forth the principal balance, method of payment, interest
rate, and whether the mortgage is in good standing. If there is a charge for the change of ownership records by the mortgagee, it shall be borne by the Buyer. In the
event the mortgagee does not accept the Buyer for purposes of assuming the existing mortgage encumbering the subject property, where the mortgage instrument re-
quires such acceptance, then and in that event, the Buyer at his option may cancel the contract and all monies paid on the purchase price shall he refunded to him
and the parties shall be released from all further obligations. Any variance in the amount of a mortgage to be assumed from the amount stated in the Contract shall
be added to or deducted from the cash payment or the purchase money mortgage, as the Buyer may elect.
W
C. PURCHASE MONEY MORTGAGES: Any purchase money note and mortgage shall follow the forms generally accepted and used in the county where the land
is located. A purchase money mortgage shall provide for insurance against loss by fire with extended coverage in an amount not Iesa than the full insurable value
of the improvements. In a first mortgage, the note and mortgage shall provide for acceleration, at the option of the holder, after thirty (30) days default and in a second
mortgage after 15 ...... days default. Second mortgages shall require the owner of the property encumbered by said mortsage to keen all orior liens and encum;
brances in good standing and forbid the owner of the property from accepting modifications of, or future advances under, a prior mortgage. Buyer shall have the right
to prepay all or any part of the principal at any time or times with interest to date of payment without penalty and said payments shall apply against the principal
amounts next maturing. In the event Buyer executes a mortgage to one other than the Seller, all costs and charges incidental thereto shall be paid by the Buyer.
D. SURVEY: The Buyer, within the time allowed for delivery of evidence of title and examination thereof, may have said property sumeyed at his expense. If the
survey shows any encroachment an said property or that the improvements intended to be located on the subject property in fact encroach on the lands of others, or
violate any of the covenants herein, the same shall be treated as p title defect.
F. TERMITE. INSPECTION: Prior to closing, at Buyers expense, the Buyer shall have the right to have the property inspected by a Licensed exterminating com-
pany to determine whether there is any active termite or wood -destroying organism present in any improvements on said property, or any damage from prior
termite or wood destroying organism to said improvements. If there is any such infestation or damage, the Seller shall pay all costs of treatment and repairing
and/or replacing all portions of said improvements which are infested or have been damaged; provided, however, in the event the cost to be incurred is more than
three percent (3%) of the purchase price, then either party may cancel the contract within ten (10) days of receipt of the termite inspection report and cost estimate
W for effectingexterminationsand necessary repairs, by giving written notice to .the other party.
F. INSURANCE: The premium on any hazard insurance policy in force covering improvements on the subject property, shall be prorated between the parties,
or the policy may be cancelled as the Buyer may elect. If insurance is to be prorated the Seller shall, on or before closing date, furnish to the Buyer all insurance
policies or copies thereof.
G. LEASES: The Seller skull, prior to closing, furnish the Buyer copies of all written leases and, if there are any persons in possession without written leases, estoppel
letters from each tenant specifying the nature and duration of said tenant's occupancy, rental rate, advance rents or security deposits paid by tenant. In the event Seller
is unable to obtain said estoppel letters from tenants, the same information may be furnished by seller to Buyer in the form of a Seller's Affidavit.
H. MECHANICS LIENS: Seller shall furnish to the buyer an affidavit that there have been no improvements to the subject property for 90 days immediately
preceding the date of closing. If the subject property has been improved within 90 days immediately preceding the closing date, the seller shall deliver releases or waiver
of all mechanics liens executed by general contractors, subcontractors, suppliers or materialmen and a seller's mechanics lien affidavit.
I. PLACE OF CLOSING: Closing shall be held at the office of the seller's attorney or as otherwise agreed upon.
J. DOCUMENTS FOR CLOSING: Seller's attorney or other closing agent shall prepare deed, and corrective instruments, sellers affidavit, and closing statement_
Buyer's attorney shall prepare the purchase money note and mortgage. Copies of all such documents shall be submitted to the other party's attorney at least Z days
prior to the closing date. Copies shall also be furnished to participating Brokers upon request.
K. EXPENSES: State surtax and documentary stamps required on deed, costs of recording any correcting instruments and the cost of recording the purchase money
mortgage shall be paid by the seller. Documentary stamps to be affixed to the note or notes secured by the purchase money mortgage, intangible tax on moitgagcf and the
cost of recording the deed shall be paid by the buyer.
L. PRORATION OF TAXES (REAL AND PERSONAL): Taxes shallbe prorated based upon the current years tax without regard to discount. If the closing takes
place and the current year's taxes are not fixed, and the current year's assessment is available, taxes will be prorated based upon such assessment and the prior year's
millage. If the current year's assessment is not available, then taxes will be prorated on the prior year's tax, provided, however, if there is completed improvement
of the subject premises by January 1 of the year of closing, then the taxes shall be prorated to the date of closing based upon the prior years millage and an equitable
assessment to be agreed upon between the parties, taking into consideration Homestead Exemption, if any. However, any tax proration based on an estimate may at
the request of either party to the transaction, be subsequently readjusted upon receipt of tax bill, if a statement to that effect is set forth in the closing statement.
�f. SPECIAL ASSESSMENT LIENS: Certified, confirmed or ratified assessment liens as of the date of closing (and not as of the date of the contract) are to be
paid by the seller. Pending liens as of the date of closing shall be assumed by the buyer, provided, however, that where the improvment has been substantially com-
pleted as of the date of the contract, such pending liens shall be considered as certified, confirmed or ratified and the seller shall at closing be charged an amount
equal to the last estimate by the public body of the assessment for the improvement.
N. PERSONAL PROPERTY: The Seller represents and warragts that all major appliances and machinery included in the sale shall be in good working order and
repair as of the date of closing. .Buyer may, at his sole expense and on reasonable notice, inspect or cause an inspection to be made of the appliances and equipment
involved prior to closing. Any necessary repairs shall be made at the cost of the Seller and, if appropriate, adequate funds shall be escrowed at time of closing to
effect such repairs. Unless otherwise agreed by the parties, the Buyer shall, by proceeding to closing, be deemed to have accepted the property as is.
0. RISK OF LOSS: If the improvements are damaged by fire or other casualty before delivery of the deed and can be restored to substantially the same condition
as now existing within a period of sixty (60) days thereafter, Seller may restore the improvements and the closing date and date of delivery of possession hereinbefore
provided shall be extended accordingly. If ' ter fails to do so, the Buyer shall have the option of (1) taking the property as is, together with insurance proceeds, if any,
or (2) cancelling the contract and all depos, will be forthwith returned to the Buyer and the parties shall be released of any further liability hereunder.
P. ?MAINTENANCE: Between the date of the contract and the date of closing, the property, including lawn, shrubbery and pool, if any. shall be maintained
by the Seller in the condition as it existed as of the date of the contract, ordinary wear and tear excepted.
Q. PROCEEDS OF SALE AND CLOSING PROCEDURE: The Seller shall be entitled to receive the net proceeds of the sale at time of closing, except in cases
where mortgagee requires title clearance before disbursing funds, in which event Seller shall be entitled to payment upon receipt of funds from mortgagee. Payment shall
be made in the form of cash, cashier's check, certified check, attorney's trust account check, or read estate broker's trust account check. All professional service fees shall be
disbursed in full at the time of closing.
R. ATTORNEY FEES AND COSTS: In connection with any litigation arising out of this contract, the prevailing party shall be entitled to recover all costs incurred,
including reasonable attorney's fees.
S. DEFAULT: If Buyer fails to perform any of the covenants of this contract, all money paid pursuant to this contract by the Buyer shall he retained by or for
the account of the Seller as consideration for the execution of this contract, and as agreed and liquidated damages and in full settlement of any claims for damagew.
If he Seller fails to perform any of the covenants of this contract, all money paid pursuant to this contract by the Buyer, at the option of the Buyer, shall he returned
to the Buyer on demand, or the Buyer shall have only the right 9f specific performance.
T. CONTRACT NOT RECORDABLE: This contract or any reference thereto shall not be recorded in the office of the Clerk of any Circuit Court of the State of Florida.
U. PERSONS BOUND: This contract shall bind and benefit the parties hereto, their heirs, personal representatives, successors and assigns (unless provided
herein that this contract is not asfignable).
V. OTHER AGREEMENTS: No agreements or representations, unless incorporated in this contract, shall be binding upon any of the parties. Typewritten or hand.
written provisions inserted in this form or attached hereto as addendums shall control all printed provisions in conflict therewith. The covenants of this contract shall
survive delivery of the deed and possession.
W. MAKING TIME OF ESSENCE: Time may be made the essence of this contract by notice in writing to the last known address of the, other party or his
attorney, stipulating a reasonable time for further performance.
EXHIBIT "A" 1.
63
"wax 53 �c� � �
APR 6;,1983 aQa
SCOPE OF SERVICES, ETC. - BOND COUNSEL (FLA. HEALTH
FACILITIES INDUSTRIAL REVENUE BONDS)
Attorney Brandenburg reviewed the following letter
submitted by Attorney Freeman of Freeman, Richardson, Watson
& Kelly, setting out their proposed scope -of services and
proposed fee in connection with the above bond issue.
K, PL!�k'
JUDSON FREEMAN
RAY W. RICHARDSON, JR.
JOHN F. KELLY
A. GRAHAM ALLEN
JOHN L. MCWILLIAMS, SII
JUDSON FREEMAN, JR.
ROBERT 0. FREEMAN
t
WILLIAM D. SRINTON
PETER L. DAME
1200 13ARNETT BANK BUILDING GILES J. PATTERSON
JACKSONVILLE, FLORIDA 32202 (1685-1963}
(904) 353-1264 FRANK L. WATSON
OF COUNSEL
Chairman and Members J
Board of County Commissioners
of Indian River County, Florida
c/o mr.•Gary m.. Brandenburg
County Attorney,
1840 25th Street
Vero Beach, Florida 32960
March 21', 1883
Re: Scope of services and fee as bond counsel in
connection with Industrial Development Revenue
_ Bonds, Series 1983 (Florida Health Facilities
.Aroject) of Indian Fiver County, Florida
Gentlemen:
This letter constitutes our proposal to serve as bond
counsel to Indian River County; Florida, in connection with its
issuance of Industrial Development Revenue Bonds, Series 1983
(Florida Health Facilities Project). Described herein are our
proposed scope of services which will include consultation at all
times with you and/or members of your staff, the County Attorney
and officials and attorneys of Florida Health Facilities Corp"-"
(of Indian River County); and our proposed fee in connection
therewith.
Our services will include:
1. Preliminary advice as to legal authority for
financing alternatives being considered.
2. Preparation of all resolutions, trust indenture,
loan agreement, guaranty (if applicable) and other basic
agreements and documents which may underly the financing.
3. Preparation of validation pleadings and advice and
consultation with respect to conduct of the validation hearing,
presentation of evidence, legal issues involved and research
required with respect thereto.
64
.. L.. It •t/
MAR 1963
�N
n Ci d
C'ou tY Attorn—.•_ ZC
office 1 '
Re: Scope of services and fee as bond counsel in
connection with Industrial Development Revenue
_ Bonds, Series 1983 (Florida Health Facilities
.Aroject) of Indian Fiver County, Florida
Gentlemen:
This letter constitutes our proposal to serve as bond
counsel to Indian River County; Florida, in connection with its
issuance of Industrial Development Revenue Bonds, Series 1983
(Florida Health Facilities Project). Described herein are our
proposed scope of services which will include consultation at all
times with you and/or members of your staff, the County Attorney
and officials and attorneys of Florida Health Facilities Corp"-"
(of Indian River County); and our proposed fee in connection
therewith.
Our services will include:
1. Preliminary advice as to legal authority for
financing alternatives being considered.
2. Preparation of all resolutions, trust indenture,
loan agreement, guaranty (if applicable) and other basic
agreements and documents which may underly the financing.
3. Preparation of validation pleadings and advice and
consultation with respect to conduct of the validation hearing,
presentation of evidence, legal issues involved and research
required with respect thereto.
64
4. Participation in the validation proceedings at the
trial court level.
5. Services in connection with the sale of•the bonds,
including examination of bond proofs, if any.
6. Preparation of all necessary closing documents used
in connection with the delivery of the bonds.
7. Issuance of our opinion with respect to the validity
of the bonds and exemption of interest thereon from federal
income taxation, including review and analysis of all information
necessary in order to deliver such an opinion.
8. Attendance at the bond closing and, as necessary,
planning sessions, document drafting and negotiating sessions,
meetings of,the Board., and the validation proceedings at the
trial court level.
For our services our fee will be $17,000, payable only
if bonds are actually delivered, plus out-of-pocket expenses. In
the event the financing is not consummated and our approvinq'opi-
nion is not delivered, we would still expect to receive reimbur-
sement for our out-of-pocket expenses.
The foregoing fee does not include any services in con-
nection with the obtaining of a ruling from the Internal Revenue
Service with respect to tax exemption of interest on the bonds,
or in connection with any short-term interim financing in antici-
pation of the issuance of permanent bonds, as neither a ruling
nor tax-exempt interim financing is presently anticipated. Also,
our services do not include any responsibi-
lity with respect to
insuring adequate disclosure to investors in an official state-
ment of the County, as we anticipate that the bonds will be
purchased by a sophisticated investor such as a bank.
Please let us know if the foregoing is acceptable to the
County.
Yours very truly,
Ju on Freeman, Jr.
Attorney Brandenburg noted that this is a standard
letter of agreement, and continued that under our Resolution
of Inducement, all these expenses are the responsibility of
the one asking for the issue.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unani-
mously accepted the scope of services and
proposed fee as set out in the above letter
and as recommended by'the County Attorney.
65
as 53 c�3 r
APR 6 1993 -'
4r 53 pm,,f 179
AIELLO vs. INDIAN RIVER COUNTY vs. SALTER
The Board reviewed memo from the County Attorney, as
follows:
TO: Board of DATE: March 29, 1983 FILE:
County Commissioners /
SUBJECT: Case No. 82-1467
Aiello vs. Indian River
County vs. Salter
FROM: Gary M. Brandenburg REFERENCES:
County Attorney
Indian River County's agreement with Treasure Coast Utilities and
Mr. Salter, individually, contained a clause indemnifying Indian
River County against any claims that might be asserted by the
Receiver, Aiello. As you recall, the Receiver attempted to impose
a Receiver's Lien on the assets of Treasure Coast Utilities subse-
quent to closing. This resulted in the court refusing to impose a
Receiver's Lien but portioning the Receiver's expenses and fees
between the County, Treasure Coast Utilities, and Salter. As a
result, the County was ordered to pay $6,861.00. The Receiver,
Aiello, has filed a Petition for Writ of Mandamus to force the
County to pay this amount. On behalf of the County, I have filed a
Third Party Complaint against Treasure Coast Utilities and Salter,
individually, which asserts our indemnification rights under the
contract. Treasure Coast Utilities has defaulted in the lawsuit;
however, in all likelihood the corporation has been stripped of all
assets. Mr. Salter has been served individually and has answered
the Complaint and asserted three affirmative defenses. During a
hearing on Monday, March 28, 1983, the court ruled on motions
presented by this office in our favor striking the second and third
affirmative defenses. The court was then requested by Mr. Salter
to rule on his first affirmative defense (lack of personal juris-
diction) and ruled once again in the County's favor. This case is
at issue, and I will soon be requesting the court to establish a
trial date. Mr. Salter has offered to settle this dispute with the
County for $2;200.00. This would leave the County responsible for
the difference` of $4,661.00 payable to Aiello.
I would recommend rejecting this offer. This lawsuit will probably
result in a judgment of $6,861.00 against the County in favor of
Aiello and a judgment against Treasure Coast Utilities and Salter,
individually, in favor of Indian River County in the same amount,
in which case the County will have to pay Aiello and attempt to
collect from Salter and Treasure Coast Utilities.
;Resp�ecully submitted,
/ Jar
a'ry X. Brandenburg
Attorney Brandenburg summarized that we.do have Mr.
Salter on the line individually for the costs, and the Judge
has ruled for us. Mr. Salter is aware of the situation and
has made an offer to settle, and the Commission now has to
make a judgment whether or not to accept the settlement.
66
171
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
rejected the $2,200 offer of settlement made by
Mr. Salter.
SALE OF BEACH BONDS_
Administrator Wright explained to the Board the need to
adopt a Resolution fixing the form and details of coupon
bonds for acquisition of beach property, setting a date for
the sale of the bonds, and authorizing publication of notice
of sale. He noted that we do not know our rating yet and
will not for a week, but he would like the Board to consider
having these bonds sold on April 20th at 11:00 A.M. by
public bid.
Chairman Bird questioned what happens if the bonds are
sold and we don't use the money in a long period of time.
Attorney Brandenburg noted that we have to use it
within three years, possibly this could be expanded to five
years. It is required that you have a reasonable
expectation of using the money in that time, and the only
thing we are authorized to do with these funds is acquiree
beachfront property.
140TION was made by Commissioner Scurlock,
SECONDED by Commissioner Lyons, to adopt
Resolution 83-27 fixing the form and de-
tails of beachfront acquisition bonds and
setting the date of sale at April 20, 1983,
at 11:00 A.M., and authorized publication
of notice of sale.
Administrator Wright stressed the need to take action
on this today due to the advertising time frame for the New
York papers.
r
BOOK 53 FA.GE1,�
Attorney Brandenburg explained that ratings are not
given until shortly before the sale, and if the County
should not be satisfied with the rating, it would be
necessary to call a Special Meeting to insure the bonds.
Administrator Wright wished to proceed on the
assumption that we won't have to insure the bonds and set
the public sale date. He noted that we are sending out more
than 200 prospectus and are advertising nationally.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
9
RESOLUTION NO. 8`3'x7
A RESOLUTION FIXING THE FORM OF'COUPON BOND AND
PROVISIONS FOR EXECUTION, NEGOTIABILITY AND
REGISTRATION OF $5,000,000 GENERAL OBLIGATION
BONDS OF INDIAN RIVER COUNTY, FLORIDA; FIXING
THE DATE AND MATURITIES OF SAID BONDS, AUTHO-
RIZED BY RESOLUTION ADOPTED NOVEMBER 17, 1982,
AUTHORIZING SALE AND DIRECTING PUBLICATION OF
NOTICE OF SALE FOR SAID BONDS AND PREPARATION
OF PRELIMINARY OFFICIAL STATEMENT THEREON.
WHEREAS, by resolution adopted by the Board of County
Commissioners (the "Board") of the County of Indian River,
Florida, on November 17, 1982 (the "Authorizing Resolution"), the
County authorized the issuance of $5,000,000 General Obligation
Bonds (herein called "Bonds"), to provide for financing the cost
of the acquisition of beachfront land on the Atlantic Ocean in
the County; and _
WHEREAS, said Bonds have been validated by a judgment of
the Circuit Court for Indian River County, and the time for
taking an appeal from said judgment has expired; and
WHEREAS, the Board deems it in the best interest of the
County to sell said Bonds; and
WHEREAS, the Authorizing Resolution provided for the
Bonds to be issued in fully registered form unless the provisions
of Public Law 97-248 (Tax Equity and Fiscal Responsibility Act of
1982) were amended to change the effective date of Section 310
thereof from December 31, 1982, to a later date, in which event
the Bonds could be issued as coupon Bonds, in the discretion of
the Board; and
WHEREAS, the effective date of said Section 310 of said
Tax Act was subsequently changed to June 30, 1983, and the Board
has determined that it is advisable to issue said Bonds as unre-
gistered goupon Bonds, registrable as to principal only; and
WHEREAS, it is necessary to fix the form of such coupon
Bonds and the provisions for negotiability and registration
thereof, as required by Section 8 of the Authorizing Resolution
and to restate the provisions for lost, stolen or destroyed
Bonds; and
a ; : 4'
r�, �. �;
69
d�o� 3 PAG 18,2
SPR 61A83
803 53 PAGEeJ .
WHEREAS, it is necessary to fix the date and maturities
for said.Bonds, now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA:
SECTION 1. FORM OF COUPON BONDS. The $5,000,000
General Obligation Bonds, authorized by the Authorizing Resolu-
tion, shall be issued in coupon form,.registrable as to principal
only. The Bonds, the interest coupons to be attached thereto,
and the certificate of validation thereon shall be in substan-
tially the following form, with such omissions, insertions and
variations as may be necessary and desirable and which are
authorized or permitted prior to the issuance of the Bonds:
-2-
NO.
$5,000
UNITED STATES OF AMERICA
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
GENERAL OBLIGATION BOND
KNOW ALL MEN BY THESE PRESENTS, that Indian River
County, Florida (hereinafter referred to as "County"), for value
received, hereby promises to pay to the bearer hereof, or if this
Bond be registered, to the registered holder as herein provided,
on the first day of April, 19_, the principal sum of
FIVE THOUSAND DOLLARS
with interest thereon at the rate of
per centum ( o) per annum, payable semi-
annually on October 1 and April 1 of each year, upon presentation
and surrender of the annexed interest coupons as 'they severally
become due. Both principal of and interest on this Bond are
payable in lawful money of the United States of America at the
principal -office of
or at the option of the holder at the principal office of
For the prompt
payment of the principal of and interest on this Bond as the same
shall become due, the full faith, credit and taxing power of the
County are hereby irrevocably pledged.
This Bond is one of an authorized issue of Bonds in the
aggregate principal amount of not exceeding $5,000,000, of like
date, tenor and effect, except as to number, interest rate (if
all bonds do not bear the same rate) and date of maturity, issued
to finance the cost of the acquisition of beachfront land on the
Atlantic Ocean in the County, for recreational purposes, under
the authority of and in full compliance with the Constitution and
Statutes of the State of Florida, particularly.Chapter 125,
Y
Florida Statutes, and other applicable provisions of law, and
pursuant to a resolution adopted by the Board of County Commis-
sioners of Indian River County, Florida, on the 17th day of
November, 1982, as supplemented (herein respectively called the
-3-
bOQK 53 ',:PAhu
APR 1983 53 FA -485
"Board" and the "Resolution"). This Bond is subject to 311 the
terms and conditions of said Resolution.
The Bonds of the issue of which this Bond is one are not
redeemable prior to their stated dates of maturity.
It is hereby certified and recited that all acts, condi-
tions and things required to happen, to exist and to be, performed,
precedent to and in the issuance of this Bond, have happened,
exist and have been performed in due time, form and manner as
required by the Constitution and laws of the State of Florida,
applicable thereto; that the issue of Bonds of which this Bond is
one has been approved at an election held in accordance with the
Constitution and Laws of Florida on the 2nd day of November,
1982; that the total indebtedness of the County, including the
issue of Bonds of which this Bond is one, does not exceed any
constitutional or statutory limitation; and that provision has
been made for the levy and collection of a direct annual tax,
without limitation as to rate or amount, upon all taxable pro-
perty within the County sufficient to pay the principal of and
interest on this Bond as the same shall become due, which tax
shall be levied and collected at the same time and in the same
manner as other ad valorem taxes of the County are assessed,
levied and collected.
This Bond maybe registered as to principal only in -
accordance with the provisions endorsed hereon.
IN WITNESS WHEREOF, Indian River County, Florida, has
issued this Bond and has caused the same to be executed by the
Chairman of the Board and attested by the Clerk of the Board by
their manual or facsimile signatures, and its corporate seal to
be affixed, impressed, imprinted, lithographed or reproduced
hereon, and has caused the interest coupons hereto attached to be
-4-
M
executed with the facsimile signature of said Chairman, all as
of the first day of April, 1983.
(SEAL)
ATTEST:
Clerk, Board of County
Commissioners
No.
0
INDIAN RIVER COUNTY, FLORIDA
Chairman, Board of County
Commissioners
FORM OF COUPON
. Unless the Bond to which this coupon is attached has
been duly called for prior redemption and provision duly made for
the payment thereof, on the - day of ,
19_, the -County of Indian River, Vlorida, will pay to the bearer
at the principal office of
or at the option of the holder at the principal office of
the amount shown hereon in
lawful money of the United States of America, upon presentation
and surrender of this coupon, being six months' interest then due
on its General Obligation Bond, dated April 1, 1983, No.
(SEAL)
INDIAN RIVER COUNTY, FLORIDA
Chairman, Board of County
Commissioners
VALIDATION CERTIFICATE
This Bond is one of a series of Bonds which were vali-
dated and confirmed by judgment of the Circuit Court for Indian
River County, Florida, rendered on the 28th day of December, 1982.
Chairman, Board of
County Commissioners
-5- doggy 53 P I86
APR 6 1983
-
r '.
APR,, -6 1993
PROVISIONS FOR REGISTRATION
Bay 53 wd7
This Bond may be registered as to principal only in the
name of the holder on the books to be kept by the Clerk of the
Board of County Commissioners, as Registrar, or such other
Registrar as may be hereafter duly appointed, as to principal
only, such registration being noted hereon by such Registrar in
the registration blank below, after which no transfer shall be
valid unless made by written assignment on said books by the
registered holder or attorney duly authorized and similarly noted
in the registration blank below, but it may be discharged from
registration by being transferred to bearer, after which it shall
be transferable by delivery, but it may be again registered as
before. Such registration shall not restrain the negotiability
of the coupons by delivery.
DATE OF IN WHOSE NAME SIGNATURE OF
REGISTRATION REGISTERED REGISTRAR
-6-
SECTION 2. EXECUTION OF COUPON BONDS AND COUPONS.
The Bonds shall be executed in the name of the County by the
Chairman of the Board and countersigned by its Clerk of the
Board, and its corporate seal or a facsimile thereof shall be
affixed thereto or reproduced thereon. The facsimile signatures
of the Chairman or the Clerk of the Board may be imprinted or
reproduced on the Bonds; provided, that at least one signature
required to be placed thereon shall be manually subscribed. In
case any officer who shall have signed or sealed any of the Bonds
shall cease to be such officer of the Board before the Bonds so
signed, and'sealed shall have been actually sold and delivered,
such Bonds may nevertheless be sold and delivered, as herein
provided, and may be issued as if the person who signed or sealed
such Bonds had not ceased to hold such office. The Bonds may be
signed and sealed on behalf of the County by such person who at
the actual time of the execution of such Bonds shall hold the
proper office in the County, although at the date of such Bonds
such person may not have been so authorized.
The coupons attached to the Bonds shall be authenticated
with the facsimile signature of any present or future Chairman
of the Board, and shall be sealed by imprinting thereon the word
"(Seal)". The validation certificate on -the Bonds shall be exe-
cuted with the facsimile signature of the Chairman of the Board.
The County may adopt and use for such purposes the facsimile
signatures of any •persons who shall have held such offices at any
time on or after the date of the Bonds notwithstanding that they
may have ceased to be such officers at the time such Bonds shall
be actually delivered.
SECTION 3. NEGOTIABILITY AND REGISTRATION OF COUPON
BONDS. The Bonds issued hereunder shall be and shall have all of
the qualities and incidents of negotiable instruments under the
law merchant and the laws of the State of Florida, and each suc-
cessive holder, in accepting any of said Bonds or the coupons
appertaining thereto, shall be conclusively deemed to have agreed
�e 53 Pac'
APR 1983
APR 6* 1983 Box 53 Pace �,
that such Bonds shall be and have all of the qualities and inci-
dents of negotiable instruments under the law merchant and the
laws of the State of Florida.
The Bonds may be registered at the option of the holder
as to principal only at the office of the Clerk of the Board, as
Registrar, or such other registrar as may be subsequently
appointed, such registration to be noted on the back of the bonds
in the space provided therefor. After such registration as to
principal only, no transfer of.the Bonds shall be valid unless
made at such office by the written assignment of the registered
owner, or by his duly authorized attorney in a form satisfactory
to the Registrar, and similarly noted on the Bonds, but the Bonds
may be discharged from registration by being in like manner
transferred to bearer and thereupon transferability'by delivery
shall be restored. At the option of the holder, the Bonds may
thereafter again from time to time be registered or transferred
to bearer as before. Such registration as to principal only
shall not affect the negotiability of the coupons which shall
continue to pass by delivery.
SECTION 4. COUPON BONDS MUTILATED, DESTROYED, STOLEN OR
LOST. In case any Bond shall become mutilated, or be destroyed,
stolen or lost, the County may in its discretion issue and
deliver a new Bond with all unmatured coupons attached of like
tenor as the Bond and attached coupons, if any, so mutilated,
destroyed, stolen or lost, in.exchange and substitution for such
mutilated bonds, upon surrender and cancellation of such muti-
lated Bond and attached coupons, if any, or in lieu of and
substitution for the Bond and attached coupons, if any,
destroyed, stolen or lost, and upon the holder furnishing the
County proof of his ownership thereof and satisfactory indemnity
and complying with such other reasonable regulations and con-
ditions as the County may prescribe and paying such expenses as
the County may incur. All Bonds and coupons so surrendered shall
be cancelled by the Registrar. If any such Bonds or coupons ,
-8-
shall have matured or be about to mature, instead of issuing a
substitute Bond or coupons, the County may pay the same, upon
being indemnified as aforesaid, and if such Bond or coupon be
lost, stolen or destroyed, without surrender thereof.
All such duplicate Bonds and coupons issued pursuant to
this section shall constitute original, additional contractual
obligations on the part of the County whether or not the lost,
stolen or destroyed Bonds or coupons be at any time found by
anyone, and such duplicate Bonds and coupons shall be entitled to
equal and proportionate benefits and rights as to lien on and
source and security for payment from the funds, as hereinafter
pledged, to the same extent as all other Bonds and coupons issued
under the Authorizing Resolution.
SECTION 5. DETAILS OF BONDS. Said $5,000,000 General
Obligation Bonds shall be dated April 1, 1983, shall bear
interest payable semiannually on October 1 and April 1 and shall
mature serially, in numerical order, on April 1 of each year in
the years and amounts as follows:
YEAR
AMOUNT
1984
$ 890,000
1985
940,000
1986
990,000
1987
1,055,000
1988
1,125,000
Said Bonds shall not be redeemable prior to their stated
date.s.; of maturity.
SECTION 6. SALE OF BONDS. The said Bonds shall be
offered at public sale on sealed proposals on April 20, 1983, at
11:00 o'clock A.M. (EST)
at the Board's meeting room in the County
Administration Building.
The County Administrator is hereby
authorized and directed
to publish notice of'such sale in The
Dam ond`Buyer, a financial
newspaper published in the Borough
. .. I . A. . w
., � 1 .. .
of Manhattan, City and State
of New York and, in his discretion,
in a newspaper published
in 'the County one time not less than ten
(10) days prior to such
date of sale. The Notice of Sale shall
ry be n �W 4`�' f lm -ate he€
s. ,*aaSr�- ss . = +i.� a •?c..4`.`�'cj5t: ��� wry � f . ;rS w :- - "t x .,� .. t. .. '�; - . a-. .. - - ..
_.
_9_
PR 6 1
A1983
X83
A Boot 5 pq� 190
BOOK 5,' PAGE Z_91
I
is hereby made a part hereof as if herein set forth at Length.
SECTION 7. OFFICIAL STATEMENT. William R. Hough & Co.
is hereby authorized and directed to proceed with the preparation
of a Preliminary Official Statement for said Bonds.
SECTION 8. EFFECTIVE DATE. This resolution shall take
effect immediately upon its adoption.
The foregoing resolution was offered by Commiscner
Scurlock who moved its adoption. The motion was seconded by
Commissioner Lyons and', upon being put to a vote, the vote was as
follows:
Chairman Richard N. Bird - Aye
Vice -Chairman Don C. Scurlock, Jr. - Aye
Commissioner Margaret C. Bowman - Aye
Commissioner Patrick B. Lyons - Aye
Commissioner William C. Wodtke, Jr. .- Aye
The Chairman thereupon declared the resolution duly
passed and adopted this 6th day of April, 1983.
Attest:
FREDA WRIGHT, ✓ erk
APPROVED
AND LEGA
By.
nW Attorne
-10-
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,;FLORIDA
B e-�
Y
RICHARD N. BIRD
Chairman
s r �
EXHIBIT "A"
NOTICE OF SALE
$5,000,000
INDIAN RIVER COUNTY, FLORIDA
GENERAL OBLIGA'T'ION BONDS
NOTICE IS HEREBY GIVEN that Indian River, County; Florida
(herein referred to as the "County"), will receive sealed bids
(herein referred to as "Proposals") at the Board of County Com-
missioners' Meeting Room in the County Administration Building,
1840 25th Street, Vero Beach, Florida, 32960, up to the hour of
11:00 A.M., Eastern Standard Time, Wednesday, April 20,' 1983, for
the purchase of all but not less than all of $5,000,000 Indian
River County, Florida, General.Obligation Bonds (herein referred
to as the "Bonds").
FORM OF BONDS.
The Bonds shall be issued in coupon form, registrable as
to principal only; in the denomination of $5,000 each; shall be
numbered consecutively from one upward and shall be dated April 1,
1983. The Bonds will bear interest payable semiannually on the
first days of October and April of each year at the rate or rates
specified by the successful bidder.
MATURITY AND REDEMPTION.
The Bonds will mature on April 1 of each year in the
years and amounts as follows:
YEAR AMOUNT
1984 $ 890,000
1985 940,000
1986 990,000
1987 1,055,000
1988 1,125,000
The Bonds will not be redeemable prior to their stated
dates of maturity.
-1-
i 1,
coax 53 PA.at 192
APR
6v 1983
l
BASIS OF AWARD.
abox 53 PACE
No Proposals for less than all of said $5,000,000 Bonds
will be considered. Not more than one (1) Proposal from any
bidder will be considered- The County reserves the right to
determine who is the successful bidder, to rej
Proposal. ect any or all
Proposals, and to waive any irregularity or informality in any
The Bonds will be awarded to the Bidder whose Proposal
produces the lowest effective interest rate to the County. The
lowest effective interest rate will be determined in accordance
with the effective interest cost method of calculation ("true
interest cost method") by doubling the semiannual" rate (compounded
semiannually) necessary to discount the debt service payments
from the payment dates to the date of the Bonds and the price
bid, not including interest accrued to the date of delivery. It
is requested that each proposal'be accompanied by a statement of
the effective.interest rate for the Bonds computed as specified
in this Notice of Sale, but such statement is not to be con-
sidered as a part of the proposal.
In the event the bidder specifies municipal bond
insurance, the amount of the insurance premium shall be deducted
from the price bid in making the above described computation of
interest cost for the purposes of comparing bids. Although the
cost of municipal bond insurance will be deducted from the price
bid for the purposes of computation, it should not be deducted by
the bidder from the purchase price as shown on the bid form. In
comparing bids, no consideration will be given to accrued
interest to be paid by the purchaser at the time of delivery of
the Bonds.
INTEREST RATE PERMITTED.
The Bonds shall bear interest rates expressed in multi-
ples of one-eighth (1/8) or one -twentieth (1/20) of one per
centum. Only one interest rate may be specified for the Bonds of
the same maturity. Only one coupon rate may be attached to each
Bond for each interest payment.
A rate of interest basedupon the use of split or
supplemental interest coupons. will not be considered.
The purchase price shall not be below 99% of the par
value of the. Bonds.
-2-
I
PAYING AGENTS.
r----- 7
L I
The principal of and interest on the Bonds will be
payable at the Florida National -Bank, Jacksonville, Florida.
SECURITY.
The Bonds will be valid and binding general obligations
of the County for which the full faith and credit'of .the County
is irrevocably pledged. The authorizing resolution provides
that so long as any of the Bonds shall be outstanding, there
shall be levied, assessed and collected an ad valorem tax, unli-
mited as to rate or amount, upon all taxable property within the
County sufficient in amount to pay the principal of and interest
on the Bonds as the same become due. The issuance of the Bonds
was approved by the qualified electors of the County at an elec-
tion duly called and held in the County on November 2, 1982.
PURPOSE.
The Bonds were authorized by a resolution duly adopted
by the County on November 17, 1982, as supplemented, and are to
be issued for the purpose of financing the cost of acquiring
beachfront land on the Atlantic Ocean in the County for recrea-
tional purposes.
x
PROPOSALS.
Proposals are desired on forms which will be furnished
by the County and envelopes containing Proposals should have
endorsed thereon "Proposals for $5,000,000 Indian River County,
Florida, General Obligation Bonds; Do Not Open Until 11:00 A.M.,
Eastern Standard Time, Wednesday, April 20, 1983", or words of
equivalent import, and''should be addressed to the Board of County
Commissioners at the above address.
Each Proposal must be accompanied by a certified or bank
cashier's check, drawn on an incorporated bank or trust company
payable unconditionally to the order of the County, in a sum
equal to two percent (2a) of the par value of the Bonds, as evi-
dence of good faith. If the successful bidder shall fail to
comply promptly with the terms of his Proposal, the amount of
such check will be forfeited as liquidated damages. The good
faith check of unsuccessful bidders will be returned to the bid-
ders by registered mail at the address stated in their Proposals,
or delivered to a representative of the bidder immediately after
the award of the Bonds to the successful bidder. The proceeds of
-3-
1 ti. ti, "M
Boot 53 PACE 194
r Y° 13
APR 01 800K, 53 PAUE 195
-4
the good faith check of the successful bidder will be applied to
the payment of the purchase price of the -Bonds. Prior to the
delivery of the Bonds, the County may cash and invest the pro-
ceeds from the good faith check. Full payment of the balance of
the purchase price must be.made, at the time of delivery, by the
successful bidder in Federal funds. No interest will be paid to
any bidder upon any good faith check.
DELIVERY AND PAYMENT.
It is anticipated that the Bonds in definitive form will
be available for delivery on or about Tuesday,,
10:00 A.M. at the offices of Freeman, Richard.sonay 10, 1983, at
P.A., in Jacksonville, Florida, or some other date,�atime andelly,
place to be mutually agreed upon between the successful bidder
and the County. Full payment of the balance of the purchase
price, including accrued interest to the delivery date, must be
made to the County at the time of delivery.
MUNICIPAL BOND,INSURANCE.
The County has received a commitment from American
Municipal Bond Assurance Corporation ("AMBAC") to issue a munici-
pal bond insurance policy unconditionally and irrevocably guaran-
teeing timely payment of principal and interest on the Bonds to
the paying agent or agents for the Bonds. Any purchase of such
Policy shall be at the sole option of the bidder. Should a
bidder specify that the County purchase such municipal bond
insurance, the premium will be paid by the County from Bond
proceeds. Each bidder must specify on the bid form whether muni-
cipal bond insurance is requested. If the Bonds are awarded on
an insured basis, reference to the policy shall appear on the
Bonds.
CLOSING DOCUMENTS.
The County will furnish to the purchaser upon delivery
of the Bonds the unqualified approving -opinion of Freeman,
Richardson, Watson & Kelly, P.A.
Bond Counsel, Jacksonville,
Florida, and customary closing papers.
OFFICIAL STATEMENT.
Upon the sale of the Bonds, the County will publish an
Official Statement in substantially the same .form as the,
Preliminary Official Statement, subject to minor additions, dele-
tions. -and revisions as determined by the County as necessary to
complete the Preliminary Official Statement. A reasonable number
of copies of the Official Statement will be made available to the
successful bidder at the expense of the County.
-4-
CUSIP NUMBERS.
It is anticipated that CUSIP identification numbers will
be printed on the Bonds, but neither the failure to print such
number on any Bond nor any error with respect thereto shall
constitute cause for failure or refusal by the successful bidders
to accept delivery of and pay for the Bonds in accordance with
their agreement to purchase the Bonds. All expenses in relation
to the printing of CUSIP Numbers on the Bonds shall be paid for
by the County; provided, however, that the CUSIP Sery-ice Bureau
charge for the assignment of said numbers shall be the respon-
sibility of and shall be paid -for by the successful bidder.
COPIES OF DOCUMENTS.
Copies of.the Preliminary Official Statement, the Notice
of Sale, and the Official Bid Form, and further information which
may be desired, may be obtained from Michael Wright, County
Administrator, 1840 25th Street, Vero Beach, Florida 32960,
telephone (305) 567-8000, or from Worth Blackwell, William R.
Hough Co., Suite 924, One Fourth Street North, St. Petersburg,
Florida 33701, telephone (813) 823-8100.
INDIAN RIVER COUNTY, FLORIDA
MICHAEL WRIGHT
County Administrator
-5-
D®QK 513 PI�GE��.0
APR � 193
r
APR 6 )983 soaK 5
197
REPLACEMENT TO REPRESENTATIVE ON HUTCHINSON ISLAND RESOURCE
STUDY COMMITTEE
Commissioner Lyons informed the Board that he will be
out of town when the next Hutchinson Island Resource
Planning & Management Committee meets, and he would like to
ask that the Board consider substituting Commissioner Bowman
for him on this committee.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Scurlock, to name
Commissioner Bowman as the Board's repre-
sentative to the Hutchinson Island Resource
Planning & Management Committee in Commis-
sioner Lyons' stead.
Commissioner Wodtke had no problem with the suggested
substitution, but was concerned about some of the things
that appear to be happening with this committee. He
believed it is imperative that we get some information back
to the Commission so that our representative has an
opportunity to learn the complete viewpoint of all the
Commissioners. He believed that the City of Vero Beach'was
quite concerned also in this regard.
Commissioner Lyons felt that most of what has happened
So far is sub -committee reports, but he was not particularly
pleased with what he heard at the last meeting and stated he
would feel more comfortable if someone could be on the
committee who is able to spend more time -with it than he was
able to.
THE CHAIRMAN CALLED -FOR THE QUESTION.
It was voted on and carried unanimously.
70
REPORT ON FACILITY COMMITTEE RE JAIL
Commissioner Lyons reported that the Facility Committee
included in their instructions to the architect the desire
for some sort of schematic for a criminal justice facility
for the County because of the feeling that the courthouse
facility downtown will be outgrown eventually and we might
want the courthouse closer to the jail facility. They also
want consideration given to what to do with the old jail,
and he believed they are coming back with a report the
second meeting in May.
Chairman Bird asked if the -Facility Sub -committee is
working on site selection, and Commissioner Lyons stated
that they are primarily involved with the jail only. A site
on Winter Beach Road had been considered, but if we are
talking about a criminal justice building also, a bigger
piece of property will be needed.
The Board of County Commissioners thereupon recessed
for lunch at 12:00 o'clock Noon and reconvened at 1:30
o'clock P.M. with the same members present.
PUBLIC HEARING - REZONING DIXIE COMMERCIAL PARK SUBDV.
(Norman Hensick) C-lA to C-1
The hour of 1:30 o'clock P.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
71
6®QK 53 PAGd. 98
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a No' ,C2 -
in the matter of FiIL1iC V 011_ % Al A' Re ZOOe—
lr��c� �r�m C -IA �o C-� - I�PrI`+i(')iC F 5r,r► �7f1Vr� ,tlZe���F�''
in the Court, was pub-
lished in said newspaper in the issues of fg0LrC.YI 1S 30 ISI-5
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
been continuously published in said Indian River County, Florida, each daily and has been
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
ty, Florida, for period of one year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor promised any person, firm
or corporation any discount, rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
tp
Sworn to and subscribe bef Mme tp+$�lay of - A.D. 19
Manager)
(Clerk of the Circuit CourVdian River County, Florida)
(SEAL)
Boot 53 PA -1,99
NOTICE — PUBLIC HEARING
Notice of hearing to consider the following pro-
posal to rezone land from:
C -1A, "Restricted Commercial District to C-1,
"Commercial District." The subject property pre-
sently owned by Wm. H. Hensick & Sons, Inc.,
Michael Grivas, Clifford Reuter and Judson Mil -
hon is located on the east side of Old Dixie High-
way, south of 4th Street.
The subject property is described as:
DIXIE COMMERCIAL PARK SUBDIVISION, ac-
cording to the plat thereof as filed in the office of
the Clerk of the Circuit Court of Indian River
County, Florida, in Plat Book 11, Page 4.
AND ALSO
M.C.C. SUBDIVISION, according to the plat
thereof as filed in the office of the Clerk of the Cir-
cuit Court of Indian River County. Florida, in Plat
Book 11, Page S.
A public hearing at which parties in interest
and citizens shall have an opportunity to be
heard, will be held by the Board of County Com-
missioners of indain River County, Florida, in the
County Commission Chambers of the County Ad-
ministration Building, located at 1840 25th Street,
Vero Beach, Florida, on Wednesday, April 6, .
1983, at 1:30 P.M.
If any person decides to appeal any decision
made on the above matter, he will need a record
of the proceedings, and for such purposes, he
may need to ensure that a verbatim record of the
proceedings is made, which includes testimony
and evidence upon which the appeal is based.
Indian River County
Board of County Commissioners
By: -s -Richard N. Bird, Chairman
Mar. 18, 30, 1983.
Norman Hensick, Jr., was present acting as -agent for
the applicants, and offered to answer any questions the
Commissioners might have.
Environmental Planner Art Challacombe reviewed the
following staff recommendation:
72
TO: DATE: FILE:
The Honorable Members of March 4, 1983
the Board of County
Commissioners
DIVISION HEAD CONCURRF.t�10E:
,SUBJECT: NORMAN M. HE�tsICK REQUEST
4�1 a� TO REZONE APPROX. 17.1 ACRES
Patrick Bruce King, CP FROM 6-1A, RESTRICTED
COM-
ME]RCTAL TO C-1, GENERAL
SIAL DISTRICT
FROM: REFERENCES:
Art Challacombe
--
Environmental Planner
It is requested that the data herein presented be given formal
consideration by the Board of County Commissioners at their regular
meeting on April 6, 1983.
DESCRIPTION & CONDITIONS:
On February 10, 1983, the Planning and Zoning Commission recommended
approval of the applicants request to rezone 17.1 ± acres consisting of
the M.C.C. Subdivision and Dixie Commercial Park Subdivision located on
the east side of Old Dixie Highway, south of 4th Street, from C-lA, Re-
stricted Commercial to C-1, General Commercial District. The proposed
uses for the subdivision site are contractor's offices and general
ccmnercial uses.
Both subdivisions received final plat approval in October 21, 1981.
Each subdivision contains 8.55 acres and fourteen (14) lots approximate-
ly one-half (1/2) acre in size. The subdivisions are adjacent to each
other and contain two separate County dedicated roads; 2nd Place and 3rd
Place (see S/D attachments).
ALTERNATIVES & ANALYSIS:
Land Use Analysis - In this section, an analysis of the existing land
use pattern will be presented as well as a discussion of the future land
use as established in the Land Use Element of the Comprehensive Plan.
Existing Land Use Pattern - The site is presently vacant with the
exception of HBS Glass located in Dixie Commercial Park. Directly to
the north of the subject property is a variety of different uses. These
uses are:
a) The Workshop - a furniture sales and refinishing establishment.
b) The 4th Street Plaza - a nonconforming mini -warehouse and storage
facility.
c) ABC Plumbing and Electric Company.
d) Two (2) nonconforming mobile homes.
e) A single family residence.
Adjacent to the east of the subject property is Woodlawn Manor, an
existing mobile hone park which is backed up to the F.E.C. railway
right-of-way.
Directly to the west of the subject property lies Old Dixie Highway,
presently designated as a secondary collector on the Indian River County
Thoroughfare Plan. Across Old Dixie are several single-family homes.
Adjacent to the property toward the south is:
a) Overall Interior's - an interior decorating outlet.
b) Non -conforming mini -warehouses.
c) Equipment storage.
73
A :200
APR 6 1983 agog 53 PAGE
APR 64rI993 Boa 3r:�acE 1:
Other uses in the vicinity of the subject property are as follows:
a) Pioneer Baptist Church to the south;
b) scattered single-family residences along the west side of Old Dixie
Highway;
c) warehousing to the north;
d) equipment storage to the north;
e) Hibiscus Manor - a nursing home located to the north of 4th Street.
Future Land Use - The Comprehensive Plan designates the area in which
the subject property is located as Mixed Use (M). As stated in the
Plan:
"Past development has produced several areas possessing a broad mixture
of land uses, many of which are incompatible with good land use patterns
and effective transition buffers. The Mixed Use District designation,
as shown on the Land Use Map, represents the maximum permitted extent of
a mixed land use pattern. Within the designated areas, the County shall
encourage, where appropriate, redevelopment in accordance with the
dominant land uses and the health, safety and welfare of area residents.
All future non-residential development in this District shall be reg-
ulated using performance standards as addressed in the Zoning Code and
criteria described in this Plan."
Relating to the U.S. #1 Mixed Use Corridor, the Plan states;
"Commercial and industrials uses are anticipated to utilize the majority
Of the land area within the corridor. Where future residential develop-
ment occurs within this mixed-use area, densities shall be limited to
six (6) units per acre, including mobile home residential uses."
The residents of the existing mobile home park should be given adequate
Protection from any adverse impacts generated by the proposed commercial
uses. As a condition of final plat approval, the subdivisions were
required to designate an area for a ten (10) foot planting screen to act
as a buffer. As the four lots adjacent to the mobile home park are
developed, the owners shall be required to provide a 10 foot vegetative
screen as a condition of site plan approval.
To summarize the existing and future land use pattern, the general area
in the vicinity of the subject property is and shall continue as a mixed
use area consisting of predominantly heavy coariercial, highway commer-
cial, and light industrial uses. Redevelopment of the area should
concentrate on upgrading the commercial uses while protecting existing
enclaves of residential uses.
The subject property contains scattered vegetation consisting of:
a) slash pines;
b) live oaks (mostly immature);
c) cabbage palms.
The predominant understory consists of mixed grass species and scattered
saw palmettos.
The property is not within a flood hazard area, nor does it contain
environmentally sensitive areas.
Traffic —Based upon the use types described in both the C-lA District
74
r
and the C-1 District zoning regulations, it is the opinion of the Indian
River County Traffic Engineer that the Old Dixie Highway can accomodate
"the expected traffic flow.
RECOn,UTDATION:
Based upon the above analysis, staff recommends approval of the rezoning
request. The residents of the existing mobile home park adjacent to the
subject property should be given adequate buffering protection through
the establishment of the ten (10) foot planting strip provided on the
subdivision plats and through site plan approval.
Mr. Challacombe pointed out the characteristics of the
property on an aerial, emphasizing the heavy commercial and
industrial in the area and the need for implementing a 10'
planting strip to buffer the mobile home park in this area.
Commissioner Wodtke commented that apparently Planning
&'Zoning approved this with a condition regarding the buffer
strip, and he wondered if that was legal.
Attorney Brandenburg felt it was stated improperly in
the Planning & Zoning Minutes. He believed when the
property was platted, it had a 10' planting buffer and it
was merely pointed out that when folks come in for site plan
approval, they will require the buffer to be planted at that
time.
The Chairman asked if anyone wished to be heard. There
were none.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unani-
mously closed the public hearing.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
adopted Ordinance 83-16, rezoning Dixie
Commercial Park Subdvision and M.C.C. Subdi-
vision to C-1 as advertised.
75
Boa 53 PA@F 202. . ,
r APR 1983
Box 3c�
., fAGF 803
ORDIlMNCE N0. 8 3 -16
W UMM, the Board of County Commissioners of Indian River County,
Florida, did publish and send its Notice of Intent to rezone the
hereinafter described property and pursuant thereto held a public
hearing in relation thereto, at which parties in interest and citizens were
heard; NOW, THEREFORE,
BE IT ORDAINED by the Board of County Comnissioners of Indian
River County, Florida, that the Zoning Ordinance of Indian River County,
Florida, and the accompanying Zoning Map, be amended as follows:
1. That the Zoning Map be changed in order that
the following described property situated in
Indian River County, Florida, to wit:
DIXIE COM ERCIAL PARK SUBDIVISION, according to the
plat thereof as filed in the Office of the Clerk of
the Circuit Court of Indian River County, Florida,
in Plat Book 11 Page 4.
M.C.C. SUBDIVISION, according to the plat thereof as
filed in the Office of the Clerk of the Circuit Court
of Indian River County, Florida, in Plat Book 11, Page 5.
Be changed frau C-lA Restricted Commercial District to C-1,
Commercial District.
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County Comnissioners of
Indian River County, Florida on this 6th day of AAp r it 1983.
BOARD OF COUN'T'Y COMMISSIONERS
OF INDIAN RIVER COUNTY
By es,�
Richard N. Bird
Chairman
Acknowledgment by the Department of State of the State of Florida this
18 th day of April , 1983 .
Effective Date: Acknowledgment fran the Department of State received
on this 2 2nd day of April , 1983, at 1; 0 0 A.M. /p.M. and filed in the
Office of the Clerk of the Board of County Commissioners of Indian
River County, Florida.
G'4
Attorney
M M
STATE ATTORNEY'S REQUEST FOR COMPUTER SYSTEM (Cont'd.)
Personnel Director Hardin informed the Board that he
has contacted the State Attorney's office and asked if we
have to pay our share for their proposed computer system
this year or whether it can be continued and budgeted for
the coming year. It was indicated that it could be worked
out if we included it in our 1983-84 budget.
Chairman Bird asked if we have to make a commitment at
this time, and Dr. Hardin stated that they would prefer
that we commit to it at this time. It is based on the other
counties committing also, and so far St. Lucie is the only
one committing. Dr. Hardin reported that he asked what sort
of savings this would be to us over all, and was informed
that it to be used as a management tool to expedite the
speedy trial process;.once this is on line, they will be
able to get information direct from Tallahassee and the
other counties, and they hope to be able to do away with a
lot of the files they now have.
Attorney Brandenburg commented that if the Board
is going to commit now, they.should commit out of this
year's contingency with the latitude to change it next year.
Administrator Wright felt if the Board is going to make
a commitment, he would just as soon go ahead and pay it now.
He noted that we either will reduce the cash carry forward
now or later on; it will have the same effect one time or
the other.
Commissioner Wodtke felt the amount involved is a large
amount simply for site preparation and installation costs,
and,.it was noted that this is a one time cost.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
agreed to participate in the installation of
computer equipment for the State Attorney's
77 Boa, 3 PAV 204
APK
Fr
APR 6� 193 Brox
office as requested, contingent on the other
counties making a commitment; the funds to be
53 PAVE
taken from this budget year's contingency account.
REQUEST FOR EAST BRIDGEHEAD PROPERTY BY CITY OF VERO BEACH
The Board reviewed the following letter from the Mayor
of Vero Beach:
OFFICE OF THE
MAYOR
City of Vero Beach
A 0. BOX 1389 - 1053 - 20th PLACE
VERO BEACH, FLORIDA - 32960
Telephone 567-5151
Chairman Dick Bird
County Administration Building
1840 25th Street
Vero Beach, Florida 32960
Dear Chairman Bird:
March 28, 1983
` AR 1 83
Ca-A
�
The City. Council has authorized me to make - a special
request of the. County Commission regarding the East Bridgehead
Property, which is a 100 feet square piece of land at the
terminus of the old bridge crossing just north of the Beach
Fire Station property and adjoining Jack's Marina. The City
would like for the County to quit claim this property to the
City for use by the City in developing MacWilliam Park.
The City=at present has no plans for development of the
property, but believes that the property should be used for
public recreational or park purposes. The City would agree to
treat residents of the County using this property without.
discrimination vis-a-vis residents of the City. '
A brief history of the property is as follows: In 1916 a
special Bridge District was created to fund and build the
original bridge across the Indian River. This bridge was built
and was operated and paid for by the Bridge District until
1927, when the District was abolished by special act and its
powers and duties (and presumably property) transferred to the
Board of County Commissioners of newly created Indian River
County.
In approximately 1950, with the construction of the new
Merrill P. Barber Bridge, the County obtained permission from
the State DOT to use a portion of the eastern part of the
bridge as a fishing pier. The right to operate and maintain
this fishing pier was given by the County Commission to the
City of Vero Beach at the City's request shortly thereafter,
and the City subsequently operated the pier for an undetermined
number of years until the pier was no longer in existence.
This period from 1950 to the present lead the City to
believe that the property was actually in City ownership. When
last year a tenant of Jack's Marina called the City for
assistance in a dispute concerning the Bridgehead Property, the
City found to its surprise that the property was still owned by
the County.
As far as we can determine the City has never received
any income from the property and does not now intend to rent it
to anyone.
As suggested by the County Attorney, Mr. Brandenburg, I
am enclosing with this letter a survey and map of the Property
to assist you in your consideration of our request.
Please let me know if you need any other information or
if you would like a representative from the City_ to appear at
the County,Commission meeting to answer questions.
Thank you for your kind assistance.
sincerely yours,
Dorothy Cain
Mayor, City of Vero Beach
Administrator Wright informed the Board that he had
talked with City Manager Little about this property. He
continued that this matter has been around for a long time,
and it is his belief that there are matters involved that go
beyond just signing the deed. He requested that the Board
postpone any action at least until the next meeting to
enable him to do some further research.
Commissioner Scurlock stated that his personal feeling
is that -'this is an area for negotiation. He believed there
are some other factors which should be discussed, such as
power pole relocation, and felt if the City is requesting
something, they should at least have a representative at our
meeting. Chairman Bird concurred in the belief that we have
something valuable to trade.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bowman, the Board unanimously
tabled the above item until further information
can be obtained.
79
BM 53 PA*k
APR 6, 1983 aclo 53 Pav 7
REQUEST FOR SPACE TO INSTALL FREEDOM SHRINE
Commissioner Wodtke explained that the Exchange Club of
America has been installing Freedom Shrines, which contain
important documents such as the Bill of Rights, etc., for 30
years in such places as schools, libraries, and other public
buildings. He continued that he has been requested, on
behalf of the local Exchange Clubs, to ask the Board's
permission to install such a shrine in the new County
Administration Building. If possible, they would like this
installation to take place Tuesday, April 19th.
This is a joint project between both local Exchange Clubs.
Commissioner Scurlock felt this is a great idea as did
the other Board members. He suggested that it be coordi-
nated with the Administrator to determine an appropriate
location.
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Lyons, "the Board unanimously
granted permission for the Exchange Clubs to
install a Freedom Shrine in the County Admin-
istration Building as requested and authorized
the Administrator to work with a representative
of the Exchange Clubs to determine proper space
selection.
REQUEST BY HEDIN CONSTRUCTION FOR REIMBURSEMENT
Attorney Michael O'Haire referred to the following
letter and noted that Mr. Hedin, his client, has been
involved in a misunderstanding which has resulted in harm to
him. He ferlt Mr. Hedin could explain the particulars
involved.
Qmf
�I_�iV n H'FI43I•: Ei ID I+'GARRIN
SHERMAN N. SMITH.JR. MICHAEL �7ARAVAGt.�A
MICHAEL O NAIRE
DOLORES InrECAPR�Q
J EROME D. QUINN
CHARLES E. GARRIS
ALAN S. POLACNWICH, SR. March 21, 1983 '
,. REPLY TO. Island
Gary M. Brandenburg, Esq.
County Attorney
Indian River County
1840 25th Street
Vero Beach, FL 32960
Re: Hedin Construction/Indian River County
Dear Gary:
Our client, K. D. Hedin Construction, Inc., had expended
considerable time and effort in bidding and arranging for -.the
construction job to be performed on the county jail. After
our client, at the County's request, had sought out, specified
and determined the suitability of the jail door,_ the County
elected to deal directly with the supplier. Our client has
expended time of its pers.onnel to this point in time totalling
$580.00. Unless the.County is prepared to reimburse our client
for this- amount, together with fees, our client would like to
be scheduled for presentation before the Board of County Com-
missioners.
Yo rs faithful•,�y,
MICR tL O' �iAIRE 1
Karl Hedin came before the Board and explained in
detail the circumstances that led to his ordering the hollow
metal security door, noting that Public Works Director Davis
had contacted Barry Chisholm of Barry's Ornamental Iron in
regard to installing such a.door at the County Jail. Mr.
Chisholm, in turn, asked him to figure the costs involved,
which he did; the figures were then submitted by Barry's
Ornamental Iron to Mr. Davis who accepted them. At this
juncture, Mr. Hedin stated that in order to save time, he
proceeded to order the door from Roanoke Iron & Bridge Works
of Roanoke, Virginia. Subsequently, he learned that the
door would require an electric security lock, and since it
is a sliding type door, it would require construction of a
81 DOK, 3 `983 FA;+8.
APR 1983 Booz 5.3 F;�►9
special jamb in which the electric lock would be installed.
Mr. Hedin continued that he refigured to allow for this
additional requirement, and Barry Chisholm resubmitted the
bid to Mr. Davis, who said that it now was over his budget.
By this time Roanoke had done special drawings and sent them
to Mr. Hedin. Mr. Hedin cancelled his original order, but
Roanoke Iron Works got confused and shipped the door the
County ordered to Mr. Hedin along with the electric lock.
Mr. Hedin stated that as of now the costs for his time and
trouble with this door amount to over $500; he did not wish
to be reimbursed for the door, but just the money for his
time and trouble. As an alternative, he was willing to go
ahead and install the door.
Public Works Director Davis confirmed that Mr. Hedin is
correct in some of the observations he has made, but he
wished to point out that he dealt only with Barry's
Ornamental Iron; he did not communicate with Mr. Hedin, the
sub -contractor. Mr. Davis further informed the Board that
when we had no bidders on the -jail door, he indicated to
Barry's Ornamental Iron that he wished to submit a proposal
on the door as a Change Order, but informed Mr. Chisholm
.that he'had no authority on his own to approve a Change
Order; only the Board could do this. When the Change Order
was brought to the Board; including the revised figures for
the electric lock, the Board did not approve it and
suggested that the jail architects be contacted as to the
possibility of a cheaper door. Unknown to Mr. Davis, they
called the firm in Roanoke with which Mr. Hedin was dealing,
and Roanoke Iron and Bridge Works gave the County a price on
the door, plus the name of someone in West Palm Beach to
install it, which amounted to a savings of about $2,000.
Mr. Davis further noted that when Mr. Hedin did come in
about ordering the door, he was advised that if he wished to
proceed, it would be at his own risk. Mr. Davis continued
M.
that there was, however, a $2002 Change Order for some other
miscellaneous work which Mr. Hedin did perform at the jail.
Commissioner Scurlock did not feel it is standard
practice.to pay anyone for costs they encounter in giving a
bid, and he wished to know why we are not dealing with the
prime contractor.
Mr. Davis stated that Barry's Ornamental Iron some time
ago withdrew any claim for reimbursement for costs incurred
with ordering the jail door.
i
Chairman Bird wished to know if the door is installed
at this time, and was informed that it is not; the County
initiated the order for the door Mr. Hedin now possesses and
it was delivered to the wrong place.
Attorney Brandenburg confirmed that the county made
arrangements on its own with the Roanoke firm, and that firm
made the mistake of shipping our door to Mr. Hedin. He
emphasized that we have no contractual relationship with Mr.
Hedin whatsoever or with Barry's Ornamental Iron.
It was generally agreed there was a large misunder-
standing. Commissioner Wodtke spoke of Mr. Hedin's fine
reputation and stated that he hated to see us squabble about
$580.
Mr. Hedin reiterated his willingness to put the door in
complete at his original price of $5,700, but Mr. Davis
pointed out that the County could get this done at a
considerably lower cost. Mr. Davis and Mr. Hedin went on to
make a detailed comparison of the total cost for a
"turn -key" installation.
Commissioner Lyons stated that he hated to penalize
anyone for trying to help, but he did not see how he could
vote to spend the county's money on something that Mr. Hedin
was never authorized to do.
Mr. Hedin continued to argue that Mr. Davis
verbally requested them to price this out, and stated that
83
6B�It �� P►�G��
APT 1983
F,
APR 6,, 1983 B0 53 ?AQF 1
although he did not have a formal change order, he did have
a copy of a memo where Mr. Davis recommended that the Board
approve a Change Order.
Attorney Brandenburg commented that Roanoke Iron Works
has agreed to pay Mr. Hedin $200 to deliver the door which
is now in his possession to the county, but apparently this
is not satisfactory to Mr. Hedin.
Debate continued at Length as to who ordered what,
when, for whom, the change order which was never executed,
the expenses involved, etc.
MOTION WAS MADE by Commissioner Lyons, seconded
by Commissioner Scurlock to deny Mr. Hedin's re-
quest because it appears Mr. Hedin's problem is
with Barry's Ornamental Iron, the prime contractor.
Mr. Hedin stated that he would be willing to sell the
door for $4,200.
Discussion resumed regarding the fact that no order was
ever issued, etc.
Commissioner Lyons stated that he would like to with-
-.draw his motion and move instead that the County Attorney
research the matter and come back with a recommendation, but
Commissioner Scurlock did not wish the Attorney to have to
make some sort of policy decision.
After further discussion, Commissioner Lyons and
Scurlock agreed to withdraw their motion.
Mr. Hedin again brought -up the letter written by
Mr. Davis to Barry's Ornamental Iron on September 8th which
indicated a: change order had been approved. Said letter is
as follows:
I
M
Tele pno ne: (3051 567-8000
rte,
BOARD OF COUNTY C0iMISSIONERS
1840 25th Street, Vero Reach, Florida 32960
Mr. Richard B. Chisholm, President
Barry's Ornamental Iron, Inc.
1164 18th Place
Vero Beach., Flo-rida 32960
Subject: Indian River County Project Number 8122
Indian River County Jail Improvements
First Floor Security Door
M
Suncom Telephone: {305) 424-1012
September 8, 1982
Reference Letters: 1) Richard B. Chisholm to James Davis dated August 6, 1982
2) K. 5. Hedin to Barry's Ornamental Iron, Inc. dated
August 3, 1982
Dear Barry:
After reviewing your letter of August 6, 1982 and the August 's, 1982 letter
by K. D. Hedin, it appears that clarification of the actual details of our dis-
cussions during the :Leek of June 7=11, 1982 should be made. In reviewing our
file, the following scenario took place:
June 4, 1982 - Bids were received for Project 8122 - Indian River
County Jail Improvements - Five bid items were let for bid;
however, only 4 bid items i•:ere actually bid. Bid item No. 1,
Miscellaneous Site Work, was not bid. Barry's Ornamental
Iron Works agreed to submdt a quotation to perform this work
which included installation of a Secure Steel Door on the
First Floor (north side) of the ;rail.
June 9, 1982 - Barry's Ornamental Iron �;orks, gave a verbal quota-
tion via telephone in the amount of 56,200. to perform the
work specified in Bid item .No. 1 which included miscellaneous
concrete work, second floor door and the first floor steel
door in question. The first floor steel door was bid at
approximately $4,200. Based on this verbal quote, the Public
Works Department drafted a memo.to the Board of County
Commissioners for their approval.
June 16, 1982 - During the regularly scheduled meeting of the Board
of County Commissioners, the Board approved a Change Order in
the amount not to exceed $6,200. and instructed Barry's Orna-
mental Iron Works to proceed to construct those items in Bid
item No. 1.
Y
July 1, 1982 - A written proposal was submitted by Barry's Orna-
mental Iron, Inc., for the work to be performed under Bid
Item No. 1 (same as above). Since the June 16, 1982 verbal
proposal, it was discovered that an electric lock was re-
quired. The tirritten proposal priced the door at $S,788.00
instead of the $4,200. originally proposed. Upon receipt
of this proposal and during the week of July S, 1982, I
discussed this cost change with you and indicated that I
as Public works Director did not have the authority- to approve
the increased expenditure of approximately $1,588. I explained
M
40(11( 53
SAGE
� APR 6 193 cc �
to you that the Board of County Commissioners would have to act
on the additional charge during the July 21, 1982 meeting.. You
then stated that there was a 2 to 3 month delivery time on the
door and you stated that you could order the door and, if the
Board did not approve the change order, you would simply cancel
the order. It was, at that time, clearly understood that the
County was under no obligation to your firm. The door was
ordered "at your own risk", with no formal change order or
contract to cover the door construction. It was clearly
understood by both of us that we were still on hold until the
Board of County Commissioners acted on a Change Order.
July 21, 1982 - During the regular meeting of the Board of County
Commissioners, the Board authorized the staff to specify a
less expensive door at the north entrance to the jail. After
that meeting, this information was conveyed to you. Your
attitude at that time was "no problem".
September 2, 1982 - The County received your August 6, 19821 letter t
with a claim attached by K. D. Hedin for pay;rent of 5725.81.
Due to the fact that our understanding was that only the Board of County
Commissioners could approve a change order, the County has no legal obligation
in this matter. If you feel otherwise, perhaps a meeting should be scheduled
to discuss this further.
Please contact me on this issue if you wish to pursue it further.
Sincerely, ,
aures tip'. Davis, P.E.
Public Works Direcfor
Both the County Attorney and Mr. Davis pointed out that
the above letter was written as a synopsis to clarify the
details, and Mr. Davis emphasized that he did not authorize
ordering the door, but felt possibly his letter may have
been misleading although it was written long after the fact.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, Commissioner Wodtke
voting in opposition, the Board by a 4 to 1
vote denied Mr. Hedin's request for reimburse-
ment of expenses connected with the jail door.
BIKE PATH COMMITTEE PRESENTATION
George Collins, Attorney, came before the Board as a
representative of residents of the South Beach area who
desire bicycle paths along State Road AlA because of the
86
hazardous traffic conditions. He stated that in the County
area from the south City limits down through The Moorings
there is a general consensus that the residents were in
favor ofa bicycle path. They understand that the burden is
on the populous in that area to prove that they do want
these services and are willing to pay for them. They would
like some help from the County. Mr. Collins continued that
he has an engineering report from Public Works Director
Davis on the way of going about this; the question they need
r
answered is how much will the impact be on the land owners.
Mr. Collins also requested the help of the County Attorney
in preparing an ordinance so they could have that in place
prior to budget sessions and then appear before the Board
showing need with the hope that the Board would budget for
this upcoming year either part of or all the funds
necessary.
Commissioner Scurlock stated that he personally
supports the concept. He believed, however, that consider-
ation of a special district for maintenance of the common
areas is already afoot in this same area.
Mr. Collins noted that it is simply a matter of
competing for dollars, and it is up to the people to decide
if they want this district and will support it in
conjunction with the other.
Chairman Bird wished to know what Mr. Collins
specifically wished of the Board today, and Mr. Collins
stated that he needs a sample ordinance and the tax impact
information. He further noted that it would save him a step
if the Commission would authorize the County Attorney to
publish a proposed ordinance.
Chairman Bird asked about the bicycle paths desired
within the City boundaries. Mr. Collins felt that is a
separate issue and he will carry that forward as well, but
even if the City did not move ahead at this time, he would
87 Box. 53 PACE ��.�..
AR � X93 ..
I
Boa 53 ?ACE 21.5
like to see the County proceed with the idea that eventually
this is going to happen.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Wodtke, the Board unanimously
agreed to pursue the matter of bicycle paths
from The Moorings area to the south City line
as requested, supplying financial impact infor-
mation, etc.; instructed Attorney Brandenburg
to move ahead within his time schedule to
address this subject as outlined by Attorney
Collins; and authorized publication of the
proposed ordinance.
CLARIFICATION OF OWNERS' RIGHTS - ORANGE TERRACE SUBDIVISION
The Board reviewed memo from the County Attorney and
attached plat reviewing and explaining the history of Orange
Terrace Subdivision, as follows:
0
TO: Board of
County Commissioners
FROM: Gary M. Brandenburg
County Attorney
DATE: March 29, 1983 FILE:
SUBJECT: Orange Terrace Subdivision
REFERENCES:
Mr. Zorc has requested a clarification of the rights of owners of
the lots in the Orange Terrace Subdivision to develop the property
as originally anticipated when this subdivision was approved.
1. The original preliminary plat dated June 30,.1978, contained a
notation that Lots 1-5, 7-12 contained a minimum of 25,480
square feet to accommodate 8 one -bedroom apartments to be
served by septic tanks.
2. Minutes of the Technical Review Committee meeting of August 3,
1978, indicates that all County staff members were aware of the
intention to place 8 one -bedroom units on most of the lots.
3. Tentative plat approval was granted by the County Commission on
August 23, 1978.
4. Final plat approval was granted by the Board of County
Commissioners on December 20, 1978.
5. Subsequently, the developer encountered problems with placing
more than 4 units on a septic tank. When the site plans were
submitted for review, they were approved for 8 units. The
units were shown in two phases of 4 units each. Thereafter,
zoning permits and building permits were issued on the first
4 -unit phase on some of the lots all with a notation that
"Phase 2 will be approved after further revisions have been
made providing water to this site."
6. The land in question has an R-2 zoning district category with
an MD -2 Land Use Plan category.
7. Some of the lots have never received site plan approval and
consequently construction has not commenced; however impact
fees were paid for utility services. Some of the lots have
received site plan approval in phases, the first phase being
constructed with the second phase awaiting the availability of
public services. Other lots have received site plan approval
and the structures have been fully completed as shown on the
site plan.
89 M .53 PA4 2-i6 ,
APR 6 1983
r
acox 53 PAGE y 7
8. The Indian River County Land Use Plan provides "Projects that
have received subdivision approval, if necessary under the
Zoning Code, and site plan approval, if necessary under the
Zoning Code, at the date of adoption of this plan shall be
considered to be in conformity with the plan. Projects which
have been developed in phases, as shown on -the development
approval, by single developer on contiguous property which have
received subdivision and site plan approval, if necessary under
the Zoning Code at the date of adoption of this plan shall be
considered to be in conformity.with this plan."
Consequently, for those lots that have received site plan approval
and upon which construction has commenced may proceed to complete
the number of units shown phased on the approved site plan.
Those units that have not received site plan approval or who have
received site plan approval and such approval has expired without
any construction having commenced would have to comply with the new
Land Use Plan density designation which in this case is MD -2 or 10
units per acre, unless this Board or a court of competent juris-
diction determines that the landowners have acquired vested rights.
Depending upon the square footage of the lot in question this would
have the effect of reducing the number of units allowed upon the
unbuilt lots.
The Comprehensive Plan further provides:
"Section III VESTED RIGHTS. Nothing contained herein shall be
construed as affecting validly existing vested rights. It
shall be the duty and responsibility of the applicant alleging
vested rights to affirmatively demonstrate the legal requisites
of vested rights. Rights shall vest upon a demonstration, to
the satisfaction of the Board of County Commissioners of Indian
River County, that the applicant;
1. 'Has reasonably relied in good faith,
2. Upon some act or omission of the County,
3. Has made a substantial change in position or incurred
extensive obligations and expenses to their detriment.
"The mere'existence of zoning or other development order, as
defined in Florida Statutes 163.3161, et. seq., contrary to the
Comprehensive Plan shall not be.determined in and of itself to
vest rights."
If the Board determines that this project meets the vested rights
requirements of the ordinance, it would allow the owners of the
lots to complete the project as originally proposed in 1978.
.N
Respe ,fully submitted,
c
G, r M M. Brande g
i T)
LEGAL D_SC^1P770;J
THE WEST lit OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE
NORTHEAST //4 OF SECTION 12, MMSHIP 33 SOUTH, RANGE 39 EAST,
LESS THE WEST 35' FOR 6TH AVENUE AND LESS THE NORTH 170' OF
THE EAST 97' THEREOF. SAID LAND LYING AND SF/NG 1N INDIAN RNER
COUNTY. FLORIDA.
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Attorney Brandenburg further explained that after final
plat approval the developer encountered problems with the
water and sewer systems to be placed on the site. Since
some of the site plans approvals now have expired, there is
some doubt about the owner's ability to build to eight
units, and the only way now that Mr. Zorc and the other
91
APR 19 3 aoax 53 PA6 21. 8,
AP $ 1983 53 "E ?'.9
owners could build up to 8 units would be that the County
Commission make a determination that they have -Vested
rights.
Chairman Bird believed that originally the proposal was
to put 8 units on one septic tank and then it was,changed to
put four on each septic tank.
Mr. Zorc noted that two wells is the point that the
County got concerned about. He then reviewed the history of
the problems they encountered with sewer and water, noting
that after the Health Department had said they could have
two wells and use City/County sewer, the County came up with
a Resolution which said no private well shall serve any more
than 4 units on one lot. Mr. Zorc noted that there are
several owners involved and he believed they have extended
themselves to meet the regulations which have changed from
year to year, and they now would like to have this
clarified. One of the owners, Mr. St. Pierre, is present,
and he was confronted with doubt*by the Planning Department
as to whether he could put 8 units on his lot even though
all impact fees had been paid and physical installation of
lines for those numbers completed. Everything paid was on
the basis of 8.units per lot.
Discussion ensued regarding various alternatives, and
Mr. Zorc continued to emphasize that they have a vested
right because of the water systems. He believed if it
weren't for the fact that they were stopped in their tracks
twice where they had to change and go to a sewer system and
also had a problem with the water system, these units
probably would have been built before the Master Plan came
into being., They now wish to complete the lots to the same
configuration as the others already there, which was what
this always was designed for.
Discussion arose reqarding the fact that impact fees
for water service were fully paid, and Mr. Zorc pointed out
92
that the systems were designed for the gallonage requirement
and paid impact fees for the full 92 units.
Commissioner Lyons noted that sewer service has been
prepaid for 28 units, but 64 units still have to be paid,
and Mr. Zorc stated that they were told they could pay these
fees as they were built and that is the way it has been
done.
Attorney Brandenburg agreed they have paid for the
water, but they would get a refund if there were not able to
get all those units. He noted that Pair. Zorc's contention is
that they have vested rights because they were required to
size the lines for the total gallonage of the units.
Commissioner Wodtke stated that he personally was aware
that when this project was laid out, it was laid out as a
package, and he saw no problem with allowing the remainder
of the lots to develop in the same configur titian as long as
we have the ability to do so without setting some
precedents. He asked if we have to make a determination if
there are any vested rights.
Attorney Brandenburg emphasized that under the
Comprehensive Plan, the only way they could proceed with 8
units would be on a determination that vested rights give
them a right to develop at that level, and there are three
criteria for making this determination.
Chairman Bird, who was on the Planning & Zoning
Commission, when this project originally was considered,
believed that the concern at that time was the uniqueness of
this type development. The unusual thing about this project
was,that Mr. Zorc was selling these lots to individual
owners, and they could built 8 units, a duplex, a quadru-
plex, etc.; they may all come in and request to build to the
maximum.
Discussion continued regarding the criteria for
determining whether they have vested rights and what act or
93
APR 6IN3
F"_
APR 1983
aQaK 53 Pnc( �.
omission by the county would apply. Attorney Brandenburg
felt that could relate to the act of approval knowing of the
sizing of the lines for the number of anticipated units.
Commissioner Wodtke asked if the Board should make a
decision based on individual ownership of -a lot or whether
Mr. Zorc was acting as trustee.
Mr. Zorc stated that he is trustee only for Lot 5; Mr.
St. Pierre is here as owner of Lot 2; he himself still owns
lots 11 and 12; Mr. Bergamino owns lot 6 and Mr. Trout Lot
7. Mr. St. Pierre intends to build 8 units per acre.
Attorney Brandenburg noted that the reason this vested
rights clause was included in the Comprehensive Plan was to
give a person ability to address the Commission and show he
has a vested right rather than have to go to court.
The Board continued to discuss the three criteria, and
it was felt these should be emphasized so that this will not
cause us difficulty in the future. Commissioner Bowman felt
it was plain the applicants acted in good faith and they
have made a large investment.,
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Scurlock, the Board unani-
mously found that the owners of lots in
Orange Terrace Subdivision, with the excep-
tion of Lot 6, have a vested right to construct
8 one -bedroom units on each of these lots,
based on the fact that they acted in good faith;
they have made a substantial investment; and
the county approved the project as it proceeded,
knowing how it was intended to be and required
sizing of the water and sewer system based on
that assumption and based on the impact fees.
94
DISCUSSION RE STATUS OF DOUGLAS SCHOOL
The Board reviewed memo from the County Attorney, as
follows:
TO: Board of DATE: March 29, 1983 FILE:
County Commissioners
SUBJECT: Douglas Elementary School/
Status Report
FROM: Gary M. Brandenburg REFERENCES:
County Attorney
The County Commission during February approved deeding -the Douglas
Elementary School site to Florida Community Health Centers, Inc..
This office was instructed to proceed with the matter and prepare
the necessary deed including a reverter clause to protect the
County against certain contingencies. This memorandum is written
to provide you with a status report on this matter. The current
status of the matter is as follows:
1. County Administrator and I have met with Mr. Diaz and Mr.
McDonough, and it appears that the Wabasso Civic League and
Florida Community Health Centers, Inc. have agreed in principle
to a lease for certain areas of the site.
2. The Community Development Department has informed us that the
current zoning at the site is C-1. The current zoning appears
to be compatible with the proposed use. However, the status of
the property with the Indian River County Land Use Plan has not
been verified.
3. Mr. Diaz and his architect have been in contact with the
Building Department and have learned that more extensive
repairs than anticipated may be necessary. It is anticipated
that the cafeteria/auditorium areas would probably require a
sprinkler system if they are to be used for Civic League
purposes. This was an unanticipated expense for which the two
groups have not worked out an agreement to date.
4. Mr. Diaz indicates that he will meet with his attorney on March
29, 1983, to draft a proposed lease. The lease will then be
forwarded to Mr. McDonough for review.
5. When both groups have agreed on the form of lease, I will place
the aease together with a proposed deed on the Commission's
agenda for consideration by the Board.
Attorney Brandenburg noted that he made the above re-
port for information purposes and not to request any action.
The reason he has not prepared deeds, is that Mr. Diaz and
Attorney McDonough have not been able to reach an agreement.
95
53
APR 1983 aaa ac
APR 6 1983aooK 53 223
,
i
Commissioner Scurlock pointed out that the Board's
previous Motion included a time frame of 30 days for a
t
specific reason; this was a serious consideration, and it
was agreed that if they could not get things worked out in
that time, we would put the property to the best and most
reasonable use. Commissioner Scurlock felt if this is not
understood, we will keep getting delays.
Attorney Brandenburg -noted that the snag they have run
into is the possibility of the requirement for a sprinkler
system in the cafeteria/auditorium area which would cost
upwards of $60,000, but he is not positive this is the only
hold up.
Discussion followed as to how the building was built
without such a sprinkler system in the beginning and the
fact that it was used by the community over the years and
also for a school until two years ago. It was felt they may
be able to overcome that problem without spending $60,000.
It was further noted that schools have a separate building
code.
Commissioner Scurlock believed a variance procedure is
available.
After further discussion, it was decided to wait until
4 o'clock in the hopes that Mrs. Ingram of the West Wabasso
Civic League could be present and possibly a representative
of the Health Group, and it could be made plain that time is
of the essence.
PUBLIC SAFETY COMMITTEE REPORT -
Commissioner Lyons discussed money for Civil Defense
communications in connection with the Jail, and noted that
if this is put in the Jail, the whole Jail then comes under
the Davis -Bacon Act. For this reason, they are looking at a
design to put the communications in a separate building and
W.
combine them with those of the Sheriff. This is being
discussed with the Sheriff.
DISCUSSION RE OPPOSITION TO DEEP WELL INJECTION
Commissioner Bowman requested that an item be added to
the agenda in regard to a request by a Mr. Lawton for the
Chairman to send a letter to Brevard County telling them we
are opposed to deep well injection.
r
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
added the emergency item requested by Commis-
sioner Bowman to the agenda.
Chairman Bird noted that we drew up a Resolution
expressing our opposition to deep well injection and hand
carried it to a meeting of the Brevard County Commission,
but they proceeded on this course anyway.
Commissioner Bowman informed the Board that Mr. Lawton
addresses a different angle of deep well injection and
wishes us to request the Board of Governors of St. John's
Water Management District to make certain that maximum use
be made of the effluent and that permits be issued only when
no other reasonable means of disposal is available; in other
words, look to irrigation use of effluent first. A
suggested letter is as follows:
I
97
API 6 1,99 . 560K .3, "' E29 f
-
L
APR 61983
or
Baox 53,PAuF .
Mrs. Frances Piznone
C^airman
St. Johns liver `viAL
Sox V129,
Platka, Fla. 32077
Dear Madam Chaff rman:
I am concerned that the decision by the Brevard County
Commissioners to use injection wells as the method for
• sewai:e 'Usposal on the °each and South Mainland has been
made without a thorouuh study of the potential use for
this nutrient rich effluent for irrization on fazricult-
uralactivities Such as row crops, citrus, and pastures,
anti facilities such as x,-+lf courses, parks, and campuses.
Brevard County, especially South Brevard, finds itself
increa.';inzl,y shnrt of potable water, and our our under-
3round resources being damaged from overuse for irrig-
ation an -1 air .on4itinning .demanls. I reel that the least
we can do is to use this affluent where practicable to
ease demands on overstressed resources.
*n'hile I recoznize that there are danzers of pollution
from percolation ponds ani land spreading, I still feel
that this method to be a safer, Tore manageable and pre-
dictable method of disposal that underzroun3 injection.
I fear that we may be transferring our present problems
to future generations, and in such forms that recovery
may be impossible. I do not feel that we should take
this risk unless no other reasonable means of sewage
waste disposal in available.
iheref^re, I reouest that the B-ard of sovernors, St.
Johns liver WVD when processing injection well permits,
ma'�e certain that maximum use be made of t±lis effluent,
and that permits be ara.nted only when no other reason-
able disposal method is available.
In discussion, the Board felt this is consistent with
the program presented on this subject recently.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unani-
mously authorized the Chairman to write a
letter similar to the one above to the
St. John's Water Management District.
STATUS OF DOUGLAS SCHOOL (Continued)
Mrs. Ingram, President of the West Wabasso Progressive
Civic League, was present.
Commissioner Scurlock explained that this matter was
put on the agenda not for any specific action, but because
the Motion to deed this property to the Health Care Group
was made with the stipulation that it be put back on the
agenda in 30 days. He continued that he did realize that
some problem has been encountered with the possibility of an
unanticipated sprinkler system, but the thirty days was made
a stipulation so that this situation will not drag on
indefinitely.
Hortense Beachum reported that she was present as a
representative of the Health Care Group.
Attorney Brandenburg again explained about the
sprinkler problem and suggested that when this is -resolved
and he receives the lease agreed upon between the two
groups, he will put it on the agenda along with the deed he
will prepare; the Commission at that time would be in a
position to approve the deed and the League would be in a
position to sign the lease.
Mrs. Ingram reported that the groups have been in
contact in regard to the sprinkler problem, and they have
come up'with a tentative agreement.- The Health Care Group
sent an agreement for her to review and she did have some
problems with one revision which Attorney McDonough has
looked -at and revised, but which the other group has not yet
seen. Attorney McDonough has written the following letter
as to the status of the lease:
APP 6� 1983 aoaK 53 f E V
LAW OFFICES OF
SALIBA & MCDONOUGH, P.A.
2121 14th AVENUE
POST OFFICE BOX 1690
VERO BEACH, FLORIDA 32960
RICHARD JOSEPH SALIBA (305) 567-6111
WAYNE R.MCDONOUGH
April 6, 1983
Ms. Margaret :i�gram
4575 43rd Avenue
Vero Beach, Florida 32960
Re: W,abasso Progressive Civic League/Ileal 11 CenLor Ajrt:,qm mL
Dear Margaret:
Enclosed please; find the agreement furnished by the Health Center
which contains our revisions in paragraph 5.c. I have discussed my
legal concerns of the Center's proposed paragraph 5.c. with Mr.. Diaz
and have advised him that I would revise same accordingly. Conse-
quently, since I am unable to attend the County Commission meeting
on April 6, 19133, I suggest that you hand -deliver a copy of the
revised agreement to Ms. Daisy McCoy so that the Center may review
the revisions. I, personally, anticipate that our revisions will
be acceptable with the Health Center resulting in consummation of
the lease within a few days. I believe you can make that represen-
tation to the County Commission in good faith, simply advising them
that the proposed lease is in my possession and that I have conferred
with Mr. Diaz relative to the revisions referred to herein.
If you have any questions, please let me know.
Very truly urs,
` lizyno, i<... NCDoncrugh4
Mrs. Ingram felt that they are making progress and
everything should be taken care of in a matter of days.
Attorney Brandenburg believed it would be necessary to
look at a commercial node in that area under the
Comprehensive Plan - it would be the starting of a
neighborhood node at that location, which is permissible
under the plan.
Administrator Wright stated that staff is instigating
that action.
Commissioner Scurlock emphasized that this matter
should be brought back no later than another 30 days.
100
Chairman Bird asked who is going to spearhead the
problem about the sprinkler system. He noted that there may
be some variance procedure, and Attorney Brandenburg
believed the Florida Health Care group has some architects
working with them and they would be the logical ones to
handle this.
NATIONAL HURRICANE CONFERENCE
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Lyons, the Board unanimously
added an emergency item to the agenda in
regard to attendance of the National Hurricane.
Conference in Tampa.
ON MOTION by Commissioner Wodtke, SECONDED
by Commissioner Lyons, the Board unanimously
approved out -of -county travel for any Com-
missioner wishing to attend the National
Hurricane Conference in Tampa May 11-13,
1983.
There being no further business, on Motion made,
seconded and carried, the Board adjourned at 4:17 o'clock
P.M.
Attest:
Clerk
Chairman
101 b04K 53 228 .
APR 6 1983