HomeMy WebLinkAbout12/7/1983December 7, 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, December 7, 1983, at 8:30 o'clock A.M.
Present were Richard N. Bird, Chairman; Don C. Scurlock,
Jr., Vice Chairman; Margaret C. Bowman, Patrick B. Lyons,
and William C. Wodtke, Jr. Also present were L.S. "Tommy"
Thomas, Community Services Director; Michael J. Wright,
County Administrator; Gary Brandenburg, Attorney to the
Board of County Commissioners; Jeffrey K. Barton, -OMB
Director; Lt. Dean Longo, Bailiff; Barbara Bonnah and
Virginia Hargreaves, Deputy Clerks
Chairman Bird called the meeting to order.
Reverend Tom Bates, First Church of God, gave the
invocation and Commissioner Bowman led the `Pledge of
Allegiance to the Flag.
ADDITIONS TO THE AGENDA
Administrator Wright requested the addition to
today's Agenda of the following four items:
DEC 7 1983
1) Discussion re the relocation of the steel pole on
8th Street.
2) Brief report and request for action re the
telephone situation in the Administrative Complex.
3) Brief report and request for funds from the Welfare
Dept. for the Christmas food program.
fax
DEC 7 1933
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4) Request by Glenn & Mike's Landscaping Service for
waiver of the bond condition in their contract
for landscaping the Tracking Station Park.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously added the above four items to today's
Agenda.
Chairman Bird requested a brief discussion be added to
today's Agenda re the possibility of a community building in
Gifford.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bowman, the
Board unanimously added the above item to
today's Agenda.
INTRODUCTION OF EMERGENCY MAINTENANCE DIRECTOR
Chairman Bird welcomed Stephen J. Wells as the new
Director of Emergency Preparedness, replacing Lee Nuzie who
is retiring this month.
Director Wells said that he is enjoying his first few
days and hopes that he can do as well as Mr. Nuzie did in
his many years of service to the County.
MINUTES
The Chairman asked if there were any additions or
corrections to the Minutes of the Regular Meeting of
11/2/83.
The Board reviewed the following memo dated 11/28/83:
2
TO: Board of county --DATE: 11/28/83 FILE:
Commissioners
FROM: Patrick B. Lyons
Commissioner
Minutes of Regular
SUBJECT: Meeting of 11/2/83
REFERENCES:
When the Minutes of 11/2/83 came up for approval at the
meeting of 11/16/83, I asked that approval be postponed
until I had a chance to listen to the tape of the EMS -
Report I had given. After listening to the tape and
including more of the discussion into the report, the
corrected version of that report is attached.,_
The motion to approve these minutes should include, "with
corrected version of EMS Report on pages 59 and 59a.
ON MOTION by Commissioner Bowman,
SECONDED by Commissioner Scurlock, the
Board unanimously approved the Minutes of
the Regular Meeting of November 2, 1983, as
amended by Commissioner Lyons.
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DEC 7 1983
dux 55 PAc 9
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Chairman Bird expressed the Board's appreciation to Dr.
Bromback for his sincere concern in recommending a
replacement for Dr. Cindy Lookabaugh, who was with us for
such a short time.
Commissioner Lyons asked Dr. Tucker to please maintain
communication with --the Board on the status of -the Health
Dept. and frequently report back on the status of the
Department as the Board cannot help if they do not know what
is needed.
REQUEST TO SET WORKSHOP DATE RE HURRICANE EVACUATION
Commissioner Lyons explained he has not received the
complete slosh program report from the Regional Planning
Council and suggested that the Board postpone setting a
workshop date to review the possible effects of a 17 -ft.
wave surge during a major hurricane. The Board agreed.
REPORT ON EMS COMMITTEE
Commissioner Lyons apprised the Commission of the plans
for improving ambulance service for the next year. (Also,
the South County Fire District, since the Commissioners
comprise that Board.) He`pointed .out that excellent
communication exists between the South County Fire District
and the Volunteer Ambulance Squad. In every emergency when
transportation of the victim is required, the ambulance
squad provides it. However, in general, when a
life-threatening situation exists and a fire rescue unit is
located closer to the scene than a volunteer ambulance, a
fire rescue unit is also dispatched. This has been working
very well and unnecessary fire rescue calls have.been cut to
a minimum.
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Commissioner Lyons explained that both the fire
department and the ambulance squads have paramedics. We
plan to find a way to use their expertise. Through Dr.
Frazier, we may be able to establish liaison with the
hospitals to expand our service.in that way. In the long
run we may want a responding unit other than a fire truck,
but he did not think so. He believed the next step will be
more along the lines of improved communications so as to
take advantage of the available paramedic skill. He did not
contemplate incurring tremendous new expense to take this
next step. That is his aim and that is the way he plans to
operate. He asked that if anybody has any different
feeling, let him know now.
. Commissioner Wodtke agreed the expertise is there in
paramedic- training and if there is some way we can utilize
that without getting back into a fire vs. volunteer or
paramedic situation, he would have no objections.
Commissioner Lyons felt that the general feeling is
pretty much along those lines and that people realize the
significant costs that would be incurred if the ambulance
squad was.not used. He felt our position is pretty well
understood as far as the budget is concerned, and unless
anybody objects strenuously, that is the direction that he
would take.
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-DEC 7 1993
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The Chairman asked if there were any additions or
corrections to the Minutes of the Special Meeting of
11/9/83. There were none.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously approved the Minutes of the
Special Meeting of November 9, 1983, as
written.
CLERK TO THE BOARD
A. Approval of Renewal Applications for a Permit to Carry a
Concealed Firearm
The Board reviewed the following memo dated 11/29/83:
TO: The Honorable Members of DATE: November 29, 1983 FILE:
the Board of County Commissioners
SUBJECT: PISTOL PERMIT RENEWALS
a Ad
FROM: Michael Wright REFERENCES:
County Administrator
The following individuals have applied for pistol permit
renewals through the'Cl.erk's office:
George D. McCarthy
Frederick Kendall, Jr.
Vernon H. Luhr
All requirements of Ordinance 82-27 have been met and are
in order.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously approved renewal applications
for a permit to carry a concealed firearm for:
Frederick Kendall, Jr.
Vernon Heino Luhr
George D. McCarthy
B. Approval of New Applications for a Permit to Carry a
Concealed Firearm
The Board reviewed the following memo dated 11/29/83:
TO: The Honorable Members of- DATE: November 29, 1983 FILE:
the Board of County Commissioners
SUBJECT: PISTOL PERMITS - NEW
FROM,,p�'� �� ichael Wright REFERENCES:
7rcounty Administrator
The following individuals have applied for new pistol
permits through the Clerk's office:
Louis James Eden
Anthony.P. Procaccini
Eugene D. Dvorak
All requirements of Ordinance 82-27 have been met and
are in order.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the Board
unanimously granted the issuance of a permit
to carry a concealed firearm to:
Anthony P. Procaccini
Louis James Eden
Eugene D. Dvorak
DEC 7 1983
x 5 PAcE.5,D4
DEC 7 1933
C. Approval of Resolution Designating a Bank to Receive the
Local Government's 7th cent Pourover Trust Fund to Counties
Funds
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the
Board unanimously adopted Resolution 83-117
designating a bank to receive the local
government's 7th Cent Pourover Trust Fund to
County Funds by wire transfer.
F.
RESOLUTION NO. 83- 117
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA APPROVING AND
AUTHORIZING THE FLORIDA DEPARTMENT OF REVENUE IN
ACCORDANCE WITH RULE 12-10.09 (F.A.C.) TO DESIGNATE
A HANK TO RECEIVE THE LOCAL GOVERNMENT'S 7TH CENT
POUROVER TRUST FUND TO COUNTIES WARRANT; AUTHORIZING
THE BANK SO DESIGNATED TO WIRE TRANSFER SAID
7TH CENT POUROVER TRUST FUND TO COUNTIES TO A BANK
DESIGNATED BY INDIAN RIVER COUNTY TO RECEIVE SUCH
FUNDS; AND FURTHER TO AUTHORIZE THE BANK DESIGNATED
BY THE FLORIDA DEPARTMENT OF REVENUE TO DEDUCT THE
COST OF THE WIRE TRANSFER'FROM THE AMOUNT RECEIVED
FROM TRANSFER.
WHEREAS, the Florida Department of Revenue has adopted
Chapter 12-10.09 Wire Deposit of 7th Cent Pourover Trust Fund to
Counties Funds in the Rules of the Department of Revenue, State of
Florida, and
WHEREAS, it is in the best.interest of the Board of
County Commissioners'of Indian River County to receive the 7th
Cent Pourover Trust Fund to Counties Funds by wire transfer.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. In accordance with §17.075, Florida Statutes and
Rule 12-10.09, (F.A.C.) the Florida Department of Revenue, is
authorized to designate a bank to receive the 7th Cent Pourover
Trust Fund to Counties State Warrant, and
2. The bank so designated is authorized to wire trans-
fer said 7th cent pourover trust fund to counties funds to the
First Citrus Bank of Indian River County or such other bank as
hereafter designated by the Board of County Commissioners of
Indian River County to receive such funds, and
3. The bank designated by the Florida Department of
Revenue is authorized to deduct the cost of the wire transfer from
the amount received for transfer, and
4. This resolution shall take effect immediately upon
its adoption.
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:
55 PAGE55,061
DEC 71983
DEC 7 1983 rc .5�5 AGE.50.7
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 7th day of December , 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
0.1
By
RICHARD N. BIRD
Chairman
11 1
Attest:9,� 1
FREDA WRIGH
Clerk
AND
Bye
I
. uiu�a�aiu�v,
Attorney
-2-
4
D. Approval of Resolution Designating a Bank to Receive the
Revenue Sharing State Warrant
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the
Board unanimously adopted Resolution 83-118
designating a bank to receive the Revenue
Sharing Funds by wire transfer.
DEC 7 1983
11
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DEC 7 1983
55 PACE -5,09
RESOLUTION NO. 83- 118
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA APPROVING AND
AUTHORIZING THE FLORIDA DEPARTMENT OF REVENUE IN
ACCORDANCE WITH RULE 12-10.09 (F.A.C.) TO DESIGNATE
A BANK TO RECEIVE THE REVENUE SHARING STATE
WARRANT; AUTHORIZING THE BANK SO DESIGNATED TO WIRE
TRANSFER SAID REVENUE SHARING FUNDS TO A BANK
DESIGNATED BY INDIAN RIVER COUNTY TO RECEIVE SUCH
FUNDS; AND FURTHER TO AUTHORIZE THE BANK DESIGNATED
BY THE FLORIDA DEPARTMENT OF REVENUE TO DEDUCT THE
COST OF THE WIRE TRANSFER FROM THE AMOUNT RECEIVED
FROM TRANSFER.
WHEREAS, the Florida Department of Revenue has adopted
Chapter 12-10.09 Wire Deposit of Revenue Sharing Funds in the
Rules of the Department of Revenue, State of Florida, and
WHEREAS, it is in the best interest of the Board of
County Commissioners of Indian River County to receive the revenue
sharing funds by wire transfer.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. In accordance with §17.075, Florida Statutes and
Rule 12-10.09, (F.A.C.) the Florida Department of Revenue, is
authorized to designate a bank to receive the revenue sharing
State warrant, and
2. The bank so designated is authorized to wire trans-
fer said revenue sharing funds to the First Citrus Bank of Indian
River County or such other bank as hereafter designated by the
Board of County Commissioners of Indian River County to receive
such funds, and
3. The bank designated by the Florida Department of
Revenue is authorized to deduct the cost of the wire transfer from
the amount received for transfer, and
4. This resolution shall take effect immediately upon
its adoption.
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 Margaret C. Bowman Aye
Commissioner Patrick B. Lyons Aye
Commissioner William C. Wodtke, Jr. Aye
-1-
The Chairman thereupon declared the resolution duly
passed and adopted this 7th day of December 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By.
RI HARD N. BIRD
Cha i rm an
Attest: f h L
FREDA WRIGHT
Clerk
APPROV AS
AND L AL' F CY
By
y Attor
DEC 71983 -2-
�t}�K 5 PAU-510
DEC 7 1993
I
55 1ACE.511
E. Approval of Resolution Designating a Bank to Receive the
Local Government Half -cent Sales Tax State Warrant
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the
Board unanimously adopted Resolution 83-119
designating a bank to receive the local
government Half -cent Sales Tax Funds by wire
transfer.
14
RESOLUTION NO. 83- 119
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA APPROVING AND
AUTHORIZING THE FLORIDA DEPARTMENT OF REVENUE IN
ACCORDANCE WITH RULE 12-10.09 (F.A.C.) TO DESIGNATE
A BANK TO RECEIVE THE LOCAL GOVERNMENT HALF -CENT SALES
TAX STATE WARRANT; AUTHORIZING THE BANK SO DESIGNATED
TO WIRE TRANSFER SAID LOCAL GOVERNMENT HALF -CENT SALES
TAX TO A BANK DESIGNATED BY INDIAN RIVER COUNTY TO
RECEIVE SUCH FUNDS; AND FURTHER TO AUTHORIZE THE BANK
DESIGNATED BY THE FLORIDA DEPARTMENT OF REVENUE TO
DEDUCT THE COST OF THE WIRE TRANSFER FROM THE AMOUNT
RECEIVED FROM TRANSFER.
WHEREAS, the Florida Department of Revenue has adopted
Chapter 12-10.09 Wire Deposit of Local Government Half -Cent Sales
Tax Funds in the Rules of the Department of Revenue, State of
Florida, and
WHEREAS, it is in the best interest of the Board of
County Commissioners of Indian River -County to receive the local
government half -cent sales tax funds by wire transfer.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that:
1. In accordance with §17.075, Florida Statutes and
Rule 12-10.09, (F.A.C.) the Florida Department of Revenue, is
authorized to designate a bank to receive the local government
half -cent sales tax State warrant; and
2. The bank so designated is authorized to wire trans-
fer said local government half -cent sales tax funds to the First
Citrus Bank of Indian River County or such other bank as hereafter
designated by the Board of County Commissioners of Indian River
County to receive such funds, and
3. The bank designated by the Florida Department of
Revenue is authorized to deduct the cost of the wire transfer from
the amount received for transfer, and
4. This resolution shall take effect immediately upon
its adoption.
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:
-1-
DEC 71983 K 55 pw.519
DEC 7 1983
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 7th day of December , 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FL'O'RIDA
By
RICHARD N. BIRD
tt Chairman
Attest:ti;,C
FREDA WRIGHT
Clerk
-2-
CONSENT AGENDA
Commissioner Scurlock asked that Items C & H be removed
from the Consent Agenda at this time.
A. Report
Received and placed on file in the Office of the Clerk:
Traffic Violation Bureau - Special Trust Fund
Month of October, 1983 - $47,479.83
B. Report
Received and placed on file in the Office of the Clerk:
Traffic Fines by,Name - Month of October, 1983
C. IRC Bid #190 - New 4" Trash Pump
`a The Board reviewed the following memo dated 11/18/83:
TO: Board of County Commissioners DATE: November 18, 1983 FILE:
THRU: Michael Wright SUBJECT: IRC BID #190 - One (1) New 4"
County Administrator Trash Pump
FROM: �ICE5,PIVISION.G�OL.
REFERENCES:
Carolynooodrich Manager
Purchasing Department
1. Description and Conditions
�r
Bids were received November 15, 1983 at 11:00 A.M. for IRC BID #190
One New 4" Trash Pump for the Utilities Department. Previously, the
Utilities Department has borrowed or rented a pump when needed.
13 Bid Proposals were sent out. Of the 7 Bid Proposals received, 1
was a "No Bid."
2. Alternatives and Analysis
The low bid was submitted by North South Supply, Vero Beach, F1. However,
their bid was for a 16 HP Teel pump, which does not meet specifications.
The second low bid was submitted by Service Industrial Supply Co., (Sisco)
W. Palm Beach, F1., for a Gorman -Rupp Pump. Total bid price - $4667.00.
This bid meets all specifications.
3. Recommendation & Funding
Staff recommends IRC #190 be awarded to,the low bidder meeting specifications,
Service Industrial Supply Co. (Sisco) in the amount of $4667.00.
Funding from FmHA grant. (Copy of FmHa letter attached.)
17
DEC 7 1983
9a4K 55 PAGE 4
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1. Description and Conditions
�r
Bids were received November 15, 1983 at 11:00 A.M. for IRC BID #190
One New 4" Trash Pump for the Utilities Department. Previously, the
Utilities Department has borrowed or rented a pump when needed.
13 Bid Proposals were sent out. Of the 7 Bid Proposals received, 1
was a "No Bid."
2. Alternatives and Analysis
The low bid was submitted by North South Supply, Vero Beach, F1. However,
their bid was for a 16 HP Teel pump, which does not meet specifications.
The second low bid was submitted by Service Industrial Supply Co., (Sisco)
W. Palm Beach, F1., for a Gorman -Rupp Pump. Total bid price - $4667.00.
This bid meets all specifications.
3. Recommendation & Funding
Staff recommends IRC #190 be awarded to,the low bidder meeting specifications,
Service Industrial Supply Co. (Sisco) in the amount of $4667.00.
Funding from FmHA grant. (Copy of FmHa letter attached.)
17
DEC 7 1983
9a4K 55 PAGE 4
DEC 71983 so .55 fwX15
Commissioner Scurlock inquired if Boynton Pump, a Ft.
Pierce dealer, had been solicited for bids.
Purchasing Director Carolyn Goodrich was not aware of
the firm, but agreed to add their name to the County's bid
list. She explained that the bid was advertised in the
newspaper for seven days. -
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously awarded Bid #190, in the amount
of $4,667, to the low bidder, Service Industrial
Supply Co., for One New 4" Trash Pump.
BOARD OF COUNTY COMMISSIONERS
2145 -14th Avenue
Vero Beach, Florida 32960
BID TABULATION
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o os of ao o� 3• �oJ �+ z �ci
o
BID NO.
IRC BID #190
DATE OF OPENING
Nov. 15, 1983
BID TITILT
�1 ONE NEW 4" TRASH PUMP
ITEM
NO. DESCRIPTION
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
—
UNIT PRICE
UNIT PRICE
—
UNIT
=1. (1) One new 4" Trash Pum
1 Each
NB
5330
00
4390 00
5592
00
4667
100
4895
00
1795
00
HOSE
HOSE
445 42
325
00
4835 42
Less
Batto
ry
2120
00
3-4 Weel<
Did tot
Meet
.
16HP
PEABO
4BTCCGE
Y
TEE
3P653
GORMAI
14W
VH4D
CORMA I
ARN
VH4D
C.H.
#288
E.
GUOpRM
14AZP
VH4D
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18
D. Approval of Employment Contracts for County Attorney and
County Administrator
The Board reviewed the following memo dated 11/22/83:
TO: Members of the Board
of County Commissioners
FROM: Gary M. Brandenburg
County Attorney
DATE: November 22, 1983 FILE:
SUBJECT: Employment Contracts for
Michael Wright and
Gary M. Brandenburg
REFERENCES:
o
I have redrafted the attached Employment Contracts to include.the
changes required by the Commission at the last meeting. Please
review the changes; and if they meet with the Commission's
approval, kindly submit the contracts for the Chairman's
signature.
Since ly, ,
/1 f
f /
/ y Brandenbur
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously approved the Employment Contracts
for the County Attorney and County Administrator,
and authorized the Chairman's signature.
19
DEG 7 1983 sov 55 PAGE 5-16. I
-DEC 7 1983 'AGE-5
1
EMPLOYMENT CONTRACT
THIS CONTRACT made this 7th day of
December ,
1983 by and between INDIAN RIVER COUNTY, a political subdivision
of the State of Florida, referred to herein as "County," and GARY
M. BRANDENBURG, an individual, licensed to practice law in the
State of Florida, hereinafter referred to as "Attorney."
IN WITNESS HEREOF, the parties agree as follows:
1. This shall be considered a contract for a definite
term for both parties under the laws of the State of Florida. The
initial term of this contract shall commence on October 1, 1983
and shall end September 30, 1985 and shall continue for subsequent
one year periods thereafter unless terminated by either party
according to the provisions of paragraph 6.
2. Salary for the first year of this contract term
shall be FORTY-EIGHT THOUSAND SEVEN HUNDRED DOLLARS and 00/100
($48,700.00). Salary for the second year or additional years of
this contract shall be negotiated between the parties in advance
of the beginning of the second year or any additional year and
shall in any event be increased no less than the percentage
increase given to County Commissioners by the State of Florida.
In addition thereto, the Attorney shall be entitled to the
standard County car allowance of TWO HUNDRED DOLLARS and 00/100
($200.00) per month and twenty cents ($0.20) per mile for all
travel on County business outside of the County. In the event the
amount of car allowance is increased for other administrative
employees during the term of this contract, then Attorney shall
receive a like increase.
3. The County shall provide Attorney with all the bene-
fits accruing County employees under the Rules and Regulations for
the Personnel Management System of Indian River County for an
administrative position; however, the Attorney shall be exempt
from all employee management provisions of the Rules and
Regulations for the Personnel Management System and shall report
directly to the Board of County Commissioners under the provisions
of the Indian River County Administrative Ordinance.
0S
4. The Attorney shall act as the legal adviser to the
Board of County Commissioners of Indian River County according to
the terms of Section 1-35 (Ordinance No. 82-10 Section 5, 6-2-82)
of the Code of Laws and Ordinances of Indian River County.
5. This employment contract may be terminated by the
County only for cause according to the procedures set forth in
Section 1-33 (Ordinance No. 82-10 Section 3, 6-2-82) of the Code
of Laws and Ordinances of Indian River County or in accordance
with paragraph 6 hereof. Failure to diligently and conscien-
tiously discharge the duties of the office of County Attorney
shall constitute just cause for termination under this paragraph.
Should the County terminate Attorney under this
paragraph, he shall be entitled to severance pay calculated based
upon Attorney's salary at the date of termination according to the
following table and years of service:
Years of Service
2 or less
3
4
5 or more
Severance Pay
60 days
90 days
120 days
150 days
Attorney shall also be entitled to pay for all
accrued vacation time and sick leave according to the regulations
set forth in the Indian River County Rules and Regulations for the
Personnel Management System for administrative employees.
6. This employment contract may also be terminated by
the County at the end of the initial term or any subsequent yearly
extension thereof by giving the Attorney sixty (6 0) days written
notice in advance of the end of the initial term or yearly exten-
sion, whichever is applicable, in which event Attorney shall be
entitled to severance pay in accordance with the schedule in para-
graph 5 hereof. This employment contract may be terminated by the
Attorney at the end of the initial term or any subsequent yearly
extension thereof by giving the County sixty (60) days written
notice in advance of the end of the initial term or subsequent
extension, in which event Attorney shall not be entitled to any
severance pay.
DEC -71993 -2- a� ��
L
DEC 7 1983
7. This agreement contains the entire agreement between
the parties and shall not be modified, waived, altered or changed
except by an instrument in writing duly signed by both
parties.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORI
Attest:By:
FREDA WRIGHT, C rk RLCHARO N. %R , hairman
GARY MY BRANDENBURG
7
EMPLOYMENT CONTRACT
THIS CONTRACT made this 7th day of December
1983 by and between INDIAN RIVER COUNTY, a political subdivision
v of the State of Florida, referred to herein as "County," and
MICHAEL WRIGHT, an individual, hereinafter referred to as
"Administrator."
IN WITNESS HEREOF, the parties agree as follows:
1. This shall be considered a contract for a definite
term for both parties under the laws of the State of Florida. The
initial term of this contract shall commence on October 1, 1983
and shall end September 30, 1985 and shall continue for subsequent
one years periods thereafter unless terminated by either party
according to the provisions of paragraph 6..
2. Salary for the first year of this contract term
shall be FORTY-EIGHT THOUSAND SEVEN HUNDRED DOLLARS and 00/100
($48,700.00). Salary for the second year or additional years of
this contract shall be negotiated between the parties in advance
of the beginning of the second year or any additional year and
shall in any event be increased no less than the percentage
increase given to County Commissioners by the State of Florida.
In addition thereto, the Administrator shall be entitled to the
standard County car allowance of TWO HUNDRED DOLLARS and 00/100
($200.00) per month and twenty cents ($0.20) per mile for all
travel on County business outside of the County. In the event the
amount of car allowance is increased for other administrative
employees during.the term of this contract, then Administrator
shall receive a like increase.
3. The County shall provide Administrator with all the
benefits accruing County employees under the Rules and Regulations
for the Personnel Management System of Indian River County for an
administrative position; however, the Administrator shall be
exempt from all employee management provisions of the Rules and
Regulations for the Personnel Management System and shall report
directly to the Board of County Commissioners under the provisions
of the Indian River County Administrative Ordinance.
-1- 64K
t C 7 1993
DEC 7 1983 AK 55 RASE r21
4. The Administrator shall fulfill the responsibilities
of the Office of the County Administrator as provided by Section
1-34 (Ordinance No. 82-10 Section 4, 6-2-82) of the Code of Laws
and Ordinances of Indian River County.
5. This employment contract may be terminated by the
County only for cause according to the procedures set forth in
Section 1-33 (Ordinance No. 82-10 Section 3, 6-2-82) of the Code
of Laws and Ordinances of Indian River County or in accordance
with paragraph 6 hereof. Failure to diligently and conscien-
tiously discharge the duties of the office of -County Administrator
shall constitute just cause for termination under this paragraph.
Should the County terminate Administrator under this
paragraph, he shall be entitled to severance pay calculated based
upon Administrator's salary at the date of termination according
to the following table and years of service:
Years of Service
2 or less
3
4
5 or more
Severance Pay
60 days
90 days
120 days
150 days
Administrator shall also be entitled to pay for all
accrued vacation time and sick leave according to the regulations
set forth in the Indian River County Rules and Regulations for the
Personnel Management System for administrative employees.
6. This employment contract may also be terminated by
the County at the end of the initial term or any subsequent yearly
extension thereof by giving the Administrator sixty (60) days
written notice in advance of the end of the initial term or yearly
extension, whichever is applicable, in which event Administrator
shall be entitled to severance pay in accordance with the schedule
in paragraph 5 hereof. This employment contract may be terminated
by the Administrator at the end of the initial term or any subse-
quent yearly extension thereof by giving the County sixty (60)
days written notice in advance of the end of the initial term or
subsequent extension, in which event Administrator shall not be
entitled to any severance pay.
7. This agreement contains the entire agreement between
the parties and shall not be modified, waived, altered or changed
except by an instrument in writing duly signed by both
parties.
Attest:
''FREDA'; WRIGHT ' Clerk
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RTVVR rOT7NTV _ FT.nPTnA
DEC 71983 -3- fox 5 5 WER2
_ J
DEC 7 1983 hox 55 PACE 523
E. Budget Amendment - Mental Health
The Board reviewed the following memo dated 11/22/83:
TO: Board of County Commissioners- DATE: November 22, 1983 FILE: _
THRU: Michael Wright, Mental Health
County Administrator SUBJECT:
FROM: Jeffrey K. Barton,06
REFERENCES:
Director, Office of
Management and Budget
The following is the appropriate budget amendment to allocate the funds from the
Reserve for Contingencies to the correct line items:
Account Title Account No. Increase Decrease
Mental Health Center 001-106-563-88.16 118,841
Mental Health Board 001-106-563-88.17 2,915
Reserve for Contingencies 001-199-513-99.91 121,756
Balance in Reserve
$462,560
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously approved the above budget amendment,
as recommended by OMB Director Barton.
F. Budget Amendment, Unemployment Compensation
The Board reviewed the following memo dated 11/21/83:
26
� � r
TO: Board of County Commissioners.- DATE: November 21 ,1983 FILE:
THROUGH: Jeffrey K. Barton, Budget Officer
41C
FROM: Edwin M. Fry, Jr.
Finance Director
SUBJECT: Unemployment Compensation
REFERENCES:
The following Budget Amendments are necessary to pay unemployment compensation
for the Quarter ending September 30, 1983 (See attached).
Account Title
Account Number
Increase Decrease
s Unemployment Compensation
001-210-572,-12.15
207.00
Unemployment Compensation
001-216-519-12,15
42:00
Unemployment Compensation
001-300-513-12.15
1,000.00
Unemployment Compensation
004-205-515-12.15
62.00
Unemployment Compensation
004-207-524-12.15
1,500.00.
Unemployment Compensation
004-214-541-12.15
333.00
Reserve for Contingency
001-199-513-99.91
1,249.00
Reserve for Contingency
004-199-513-99.91
1,895.00
_ Balance in Contingency:
001-199-513-99.91 $462,560.00
004-199-513-99.91 $282,451.00
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously approved the above budget amendment
as recommended by Finance Director Ed Fry.
G. Acceptance of Yearly Report from Judith A. Wakefield,
IRC Extension Director.
The Board reviewed the following memo dated 11/28/83:
27
MW S5 PAGE
DEC ���� 55 P E ��5
FLORIDA COOPERATIVE EXTENSION SERVICE
UNIVERSITY OF FLORIDA
INSTITUTE OF ;7000 ANO AGRICULTURAL SCIENCES
FAS
COOPERATIVE EXTENSION SERVICC AGRICULTURAL, EXPLRIPACNT STATtOHA
t•T•? SCHOOL. OT PORERT 099000RCED AND CONSERVATION COL -KOK OF AORICULTURC
REPLY TO: Suite S-328, 1840-25 St.
MEMORANDUM
November 28, 1983
TO: Indian River County Board of County Commissioners
Michael Wright, County Administrator
FROM: Judith A. Wakefield, I.R.C. Extension Director
SUBJECT: Report on Accomplishments of the Extension Service for Year
Attached are copies of the Extension Service staff's achieve-
ment reports for last year. The form is that which is required
by the University of Florida and is for both our reports of accom-
plishments and used for personnel evaluation. It is fairly self-
explanatory: a summary of our job description, reports of our most
important accomplishments, other programs and responsibilities,
training we've attended, professional improvement pursuits, and a
report of progress on goals for the year.
During the last year over 2,300 individuals visited our office
requesting answers to questions or help with problems. We had
over 4,000 phone calls requesting information and over 12,000 pieces
of educational -literature were distributed as a result of requests
or as part of educational programs. Over 11,000 newsletters were
mailed to individuals, and the agents had over 8,300 personal (face
to face) educational contacts.
In addition, over 1,300 hours of volunteer time by non -Extension
personnel were given to aid in furthering the educational goals
of the Extension Service in Indian River County.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously accepted and placed on file
the Yearly Report from the County's Extension
Director.
REPORT ON FILE IN THE OFFICE OF THE BOARD OF COUNTY
COMMISSIONERS
W
H. Interfund Loan Authorization - Jail Complex Project
The Board reviewed the following memo dated 11/30/83:
TO: Board of County Commissioners. - DATE: November 30, 1983 FILE:
SUBJECT: Indian River County Criminal
Justice Complex
FROM: Jeffrey K. Barton, Director REFERENCES:
Office of Management and Budget
Due to continuing expenses io relation to the New Criminal Justice Complex, please
authorize funding by way of a loan from the Secondary Road Trust Fund to the County
Jail Fund.
OMB Director Barton explained that this is the trust
fund that has 800 of the 5th & 6th cent gas tax and that
there is more than enough money to fund the current 16th
Street project. However, there has never been a formal
motion authorizing an account from which to borrow interim
funds for the jail complex project. He advised that the
architect fees, land purchase and related costs are nearing
$250,000.
Commissioner Scurlock was concerned about borrowing
from other entities before the bond issue goes to the people
in a referendum. Commissioner Lyons suggested a limitation
of $250,000 be placed on the amount of the loan, and if we
get a "no" on the referendum, then we will have to find
another way to finance the jail.
Another concern of Commissioner Scurlock's was the
amount of interest that would be paid on the loan, and
Administrator Wright advised that the interest will be
calculated, equivalent to the going rate, and paid back from
the bond proceeds when they are received.
29
DEC 7 1983
BOi 55 PACE 52-"6
DEC "71993
55 FACE 527
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously authorized a loan, not to exceed
$250,000, from the Secondary Road Trust Fund
to the County Jail Fund; and specified that
the interest earned on the loan monies also be
paid back.
I. Final Plat Approval, Waverly Place Subdivision, Phase I
The Board reviewed the following memo dated 11/22/83:
TO: The Honorable Members DATE: November 22, 1983 FILE:
of the Board of County
Commissioners
DIVISION HEAD CONCURRENCE:
SUBJECT:
Robert Keat ICP
�r
Planning & Development Director
FINAL PLAT APPROVAL OF
WAVERLY PLACE SUBDI-
VISION, PHASE I
FROM: Clare Staff Z. Po pard 01P Way. Place S/D
REFERENCES: DIS : CLARE
It is requested that the following information be given formal
consideration by the Board of County Commissioners at their
regular meeting on December 7, 1983.
DESCRIPTION AND CONDITIONS:
Waverly Place, formerly known as Tropic Villas South, is a land
condominium. Therefore, according to the County's new Subdivi-
sion Ordinance 83-241 in addition to receiving site plan
approval, a plat must be filed. The applicant received prelim-
inary plat approval from the Planning and Zoning Commission on
October 13, 1983. The applicant is now requesting final plat
approval for the project's first phase. A letter of credit has
been issued by a bank to cover the cost of construction for
this phase of the subdivision's improvements.
The project is comprised of seven phases on approximately 27
acres. Within the boundaries of these phases there are 316
units on 316 lots. Phase I'consists of 40 units with 40 lots.
The site is zoned R-2, Multi -family Residential (15 dwelling
units/acre) and has an MD -2, Medium Density Residential (10
dwelling units/acre) land use designation. The project's
actual density is 11.78 dwelling units/acre. This is higher
than the density allowed by the Comprehensive Plan because the
original site plan was approved prior to the adoption of the
Comprehensive Plan.
30
ALTERNATIVES AND ANALYSIS: a
The construction drawings for all paving and drainage improve-
ments have been reviewed and approved by the County Engineer.
The construction drawings for all on-site utilities have been
reviewed and approved by the Utilities Division's Environmental
Engineer.
The applicant has submitted an irrevocable letter of credit
from a banking institution which guarantees that the -cost of
the construction of on-site improvements will be met. The
applicant has also prepared a contract which, when signed, will
bind the development company to complete all improvements as
shown on the approved construction drawings.
All other requirements for final plat approval, as outlined in
Subdivision Ordinance 83-24, have been met.
RECOMMENDATION:
Staff recommends that the Board of County Commissioners grant
final plat approval to Phase I of the Waverly Place land
condominium subject to the condition that the applicant sign a
contract with the County binding him to complete all on-site
improvements in conformance with County regulations.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the
Board unanimously granted final plat
approval for Waverly Place Subdivision, Phase I.
J. Approval of Preliminary Plat Extension - Fox Haven
Subdivision
The Board reviewed the following memo dated 11/7/83:
TO: The Honorable Members DATE: November 17, 1983 FILE:
of the Board of County
Commissioners
DIVISION HEAD -CONCURRENCE: PLAT APPROVAL EXTENSION
RUBDIVISION
QUEST FOR FOX HAVEN
SUBJECT:
Robert M. Keal: g, CP
Planning & DevelopnTent Director
FROM: Clare Z. Poupard C�� REFERENCES: Fox Haven S/D
Staff Planner DIS:PNOT
It is requested that the information presented herein be given
formal consideration by the Board of County Commissioners at
their regular meeting on December 7, 1983.
31
DEC 7
199
J
DESCRIPTION AND CONDITIONS
6
PACE59-9
Fox Haven subdivision (formerly known as Cassara Heights
subdivision) is located on the north side of 4th Street,
approximately 1/4 mile east of 27th Avenue. The development
has 29 lots on a 20 acre parcel of land. The minimum lot size
is 1/2 acre. The zoning classification of the site is R-1 (6.2
dwelling units/acre allowable building density). The subject
property's land use plan designation is LD -2 (6 dwelling
units/acre allowable building density). The proposed building
density is 1.45 dwelling units/acre.
ALTERNATIVES AND ANALYSIS
Fox Haven Subdivision received preliminary plat approval on
January 28, 1981. This approval would have expired on July 28,
1982; however a 12 month extension of plat approval was.granted
by the Board of County Commissioners.. This approval was
scheduled to expire on July 28, 1983. At that time, the
applicant had not yet begun construction on the site, and,
therefore, the Board granted a second extension of plat ap-
proval. This extension was granted for a period of 6 months
and so, will expire on January 28, 1984.
The applicant's agent has requested a third extension of plat
approval for a period of 60 days. The applicant has contracted
with a construction company to have the required on-site
improvements completed on February 13, 1984. At present,
grading of the road beds and construction of the subdivision's
interior roads are taking place.
Although there is a possibility that the project may be com-
pleted prior to the plat approval expiration date, the appli-
cant is requesting an extension. The reason for this request
is to allow for the possibility of inclement weather slowing
the progress of on-site construction.' If the extension request
is denied, the applicant has expressed the intention of posting
a bond in order to record the fina•1 plat.
According to the County's Subdivision Ordinance 75-3Jprelimi-
nary plat approval "shall have full force and effect for a
period of 18 months from the date of approval. An extension
may be granted by the Board.
RECOMMENDATION
Staff recommends that a
approval be granted to
the Board has granted
plat approval to those
extension would provide
However, the applicant
And the applicant does
pletion of construction
two month extension of preliminary plat
Fox Haven Subdivision. Historically,
one 18 month extension of preliminary
applicants who have requested it. This
the applicant with 2 additional months.
is progressing with the development.
have a contract guaranteeing the com-
within this 2 month period.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyohs, the Board
unanimously granted a two-month extension of
preliminary plat approval for Fox Haven
Subdivision.
32
K. Approval of IRC 1984 Radiological Emergency Preparedness
Agreement
The Board reviewed the following letter dated 11/28/83:
STATE OF FLORIDA
DEPARTMENT OF
COMMUNITY AFFAIRS
DIVISION OF PUBLIC SAFETY PLANNING AND ASSISTANCE
oa rHs sr�r '
BOB GRAHAM
Govemor
JOHN M. VE u BOB WILKERSON
Secretary 'roe .<.°4 Director
DEC
November 28, 1983
Mr. S. Lee Nuzie, Director
Indian River County Department
of Emergency Management
1840 - 25 Street
Vero Beach, Florida 32960 -
Dear M z1e: Zex-
Enclosed
are three copies of Indian River County's 1984
Radiological Emergency Preparedness Agreement. Please see that
the County Chairperson (or other authorized individual) signs all
three copies -of the Agreement.
once the proper signatures have been obtained, please forward
all three copies back to Ms. Pat Barrett. She will see that
Secretary DeGrove signs the Agreement and that you get a copy
for your files.
If you have any questions concerning your Agreement, please
call Ms. Barrett.
Sincerely,
Gordon L. Guthrie
Chief
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Lyons, the Board
unanimously approved IRC 1984 Radiological
Emergency Preparedness Agreement, and authorized
the Chairman's signature.
AGREEMENT IS ON FILE IN THE OFFICE OF THE CLERK
33
7 1993
.5 Inn,
DEC
7
196j
Sam
55
rAcE 531
SALE OF COUNTY LAND -
LOT 153 - BLOCK 6, HALL, CARTER
&
JAMES SUBDIVISION
The Board reviewed the following memo dated 11/30/83:
TO: Board-ot CountyBoard-o
Commissioners DATE: November 30, 1983 FILE:
Bid - Sale of County Land
SUBJECT: LOT 153, BLOCK 6
HALL, CARTER & JAMES S/D
FROM: L.S."Tommy" Thomas REFERENCES:
Community Services Director
1. Description and Conditions
Bids were received November 29, 1983 at 11:00 A.M. for SALE
OF COUNTY LAND - LOT 153, BLOCK 6 - HALL, CARTER & JAMES
SUBDIVISION.
All adjacent property owners were notified of the County's
intention to sell the above described property.
2. Alternatives and Analysis
The high bid was submitted by Ervin & Millie Cartwright in
the amount of $1,000. Enclosed with the bid was a check for 10%
of the bid price as stated in the legal notice. The assessed
value of this lot,,taken from the tax roll, is $1,020.
Mr. and Mrs. Cartwright own Lot 152 and had, at a Commission
previous meeting, requested the Board to accept bids in order to
sell Lot 153.
3. Recommendation
It is my recommendation that we sell Lot 153 to Mr. and Mrs.
Cartwright; that the County Attorney be authorized to prepare a
deed;"and that the recording costs be the responsibility of the
Cartwrights.
I also recommend that the funds received from this sale be
deposited in an account earmarked for park acquisition and
development of existing properties.
I
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the Board
unanimously approved staff recommendation to
sell Lot 153, Block 6, Hall, Carter & James
Subdivision, to Mr. & Mrs. Cartwright and
authorized the County Attorney to prepare a deed;
the recording costs to be the responsibility
of the Cartwrights, and funds received from the
sale to be deposited in an account earmarked for
park acquisition and development of existing
properties.
BOARD OF COUNTY COMMISSIONERS
1840 25th Street
Vero Beach, Florida 32960
• BID TABULATION
;
v
BID NO.
DATE OF OPENING
BID TITtE
ITEM DESC IPTION
NO.
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE
UNIT PRICE j
/ X A5 p .,
d e�✓
�I t;� U
�► u a
C�
DEC 7 1983
35
BOOK 55 PACE 5"j'
DEC 7 1993 55 nu 533
QUIT -CLAIM DEED
THIS QUIT -CLAIM DEED, executed this 7th day of
December, 1983, by INDIAN RIVER COUNTY, a political subdivision
of the State of Florida first party to ERVIN CARTWRIGHT and
MILLIE CARTWRIGHT, his wife, whose post office address is P. 0.
Box -433, Wabasso, Florida, second party.
(Wherever used herein the terms "first party" and
"second party" shall include singular and plural,
heirs and assigns of individuals and the successors
and assigns of corporations, wherever the context so
admits or requires.
WITNESSETH, that the said first party, for and in con-
sideration of the sum of ONE THOUSAND and 00/100 ($1,000.00)
DOLLARS in hand paid by the said second party, the receipt
whereof is hereby acknowledged does hereby remise, release and
quitclaim unto the said second party forever, all the right,
title, interest, claim and -demand which the said first party has
in and to the following described lot, piece or parcel of land,
situate, lying and being in the County of Indian River, State of
Florida, to -wit:
Lot 153 Block 6, Hall, Carter & James Subdivision
as shown in Plat Book (St. Lucie) 3 Pages 2 and 31
said property now situate in Indian River County,
Florida.
TO HAVE AND TO HOLD the same together with all and
singular the appurtenances thereunto belonging or in anywise
appertaining, and all the estate, right, title and interest,
lien, equity and claim whatsoever of the said first party,
either in law or equity, to the proper use, benefit and behoof
of the said second party forever.
IN WITNESS WHEREOF, the said first party has signed,
0
and sealed these presents the day and year first above
N written.
Signed,
sealed and delivered
in the
presence of:
Witnjss
Witne9k.
INDIAN RIVER COUNTY BY ITS
BOARD OF COUNTY COMMMMI'SSIONERS
By:
R CHARD N. BIRD
Chairman
Attest: t rT �� �� -xk r
FREDA WRIGHT, C,)erk
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
M
I HEREBY CERTIFY that on this day, before me, an
officer duly authorized in the State and County aforesaid to
take acknowledgements, personally appeared RICHARD N. BIRD and
FREDA WRIGHT, Chairman of the Board of County Commissioners of
Indian River County and Clerk to the Board, 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 'n the County and
State last aforesaid this ZU day of �, 11; 1983.
Z �J�
N ary Publi
State of Florida at '.Large
My commission'exnires:
NOTARY PUBLIC STATS OF FLORIDA'
@ONDED THRU GENERAL INSURANCE LINDi ,
MY COmmiSSION EXPIRES JULY. A 1.984
-2-
fK ^,� PACs` ..
.DEC 7 1993 .55 tAu 535
CHANGES IN VOTING PRECINCTS 24 and 33
The Board reviewed the following memo:
Lew: �t i ,
ROSEMARY RICHEY TELEPHONE: (305) 567-8000 EXT. 413
SUPERVISOR OF ELECTIONS
SUITE N-109 1840 25TH STREET
VERO BEACH - FLORIDA 32960
Memorandum requesting time to appear before Board
TO: BOARD OF COUNTY COMMISSION
FROM: ROSEMARY RICHEY, SUPERVISOR OF ELECTIONS
SUBJECT: CHANGING POLLING PLACE AT PRECINCT 24
FROM INDIAN RIVER SHORES FIREHOUSE
TO INDIAN RIVER SHORES COMMUNITY CENTER
SPLITTING PRECINCT 33 AS FOLLOWS:
REGISTERED VOTERS RESIDING EAST OF 66TH AVE WILL
VOTE AT CLEMANS SCHOOL. PRECINCT NUMBER 33
REGISTERED VOTERS RESIDING WEST OF 66TH AVE WILL
VOTE AT VILLAGE GREEN EAST CLUB HOUSE. PRECINCT
NUMBER 36.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Bowman, the Board
unanimously approved changing the polling place
at Precinct 24 from Indian River Shores firehouse
to Indian River Shores Community Center.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Scurlock, that the
Board approve splitting Precinct 33 as described
in the above memo.
36
Under discussion, Commissioner Lyons was assured by
Supervisor of Elections Rosemary Richey that no objections
have been raised in regard to the precinct changes.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and carried unanimously.
PUBLIC.,HEARING - REZONING OF INDIAN LAKES CONDOS FROM
MULTIPLE DWELLING TO MULTIPLE -FAMILY DISTRICT
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. who on oath j
says that he is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
in the matter of
in the dr Court, was pub- I
lished in said newspaper in the issues of L�7% • / Oji �� r / 7 J
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 befo e t s -_ y of __ A.D. 19 �3
(Business M1nager)
(SEAL) Klerk of the Circuit Court, IndianRiverCounty, Fiorida)
NOTICE — PUBLIC HEARING
1,
A puouc at which parties in inter,
Notice of hearing,initiated b Indian River i
Y and citizens shall have an opportunity to
s shall
County, to consider the adoption of a Countya heard, will be held by the Board of Cour
Ordinance rezoning land from:
Commissioners_ of Indian River County, Fl -
R -3, "Multi -Family District" '(up to 15
units/acre) to R-20, "Multi -Family Dis-
ida, in the County Cornmtsston ham ers
the County Administration Building;
trict" (up to 6 units/acre). The subject
located
.) 1840 25th Street, Vero Beach, Florida, c
property presently owned by Maple
Wednesday, December 7, 1983, at 9:00 A.M.
Leaf Properties, Inc., is located on the
It any person decides to appeal an der
east side of U.S. Highway #1, south of
Sion made on. the above matter, he/she w
79th Street.
The subject property is described as:
need a record of the proceedings, and f
such purposes, he/she will need to ensu
A PARCEL OF LAND BEING A POR-
that a verbatim record of the proceedings
TION OF GOVERNMENT LOTS 4 AND
made, which includes testimony and evident
5. SECTION 34, TOWNSHIP 31
upon which the appeal is based.
SOUTH, RANGE 39 EAST, INDIAN
Indian River County
RIVER COUNTY, FLORIDA, . DE-
Board of County Commissioners
SCRIBED AS FOLLOWS:
By: -s -Richard N. Bird, Chairman
THAT PORTION OF THE FOLLOWING
Nov. 18. 30, 1983.
DESCRIBED PARCELS LYING EAST
OF A LINE 600.00 FEET EAST OF AS
MEASURED AT RIGHT ANGLES TO
THE EASTERLY RIGHT-OF-WAY LINE
OF U.S. HIGHWAY #1 (STATE ROAD
5). -
THAT ART OF PARCELS #1, #2, AND.
=3 AS DESCRIBED;_
PARCEL Set: THAT PART OF THE.
EAST Y2 OF THE WEST y2 OF GOV-
ERNMENT LOT 5, SECTION 34,
TOWNSHIP 31 SOUTH, RANGE 39
EAST, LYING EASTERLY OF THE
RIGHT-OF-WAY OF U.S. HIGHWAY
=1, LESS THE NORTH 25 FEET
THEREOF; SAID LAND LYING AND
BEING IN INDIAN RIVER COUNTY,
FLORIDA.
PARCEL #2: NORTH 'h OF WEST 10
ACRES OF THE EAST 20 ACRES OF
GOVERNMENT LOT 5, SECTION 34,
TOWNSHIP 31 SOUTH, RANGE 39
EAST; SAID LAND LYING AND BEING
IN'INDIAN RIVER COUNTY, FLORIDA.
PARCEL. tea: THE NORTH 1/2 OF GOV-
ERNMENT LOT 4, EXCEPT LAND
SOLD TO THE HOBART BROTHERS
COMPANY IN DEED BOOK 89, PAGE
I
290, INDIAN RIVER COUNTY, FLOR-
IDA, RECORDS: THE EAST 10 ACRES
OF GOVERNMENT LOT 5; AND THE
SOUTH V2 OF THE WEST '/2 OF THE
EAST '/2 OF GOVERNMENT LOT 5;
ALL IN SECTION 34, TOWNSHIP 31
SOUTH, RANGE 39 EAST: SITUATED,
LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA. SUBJECT TO
EASEMENTS AS SHOWN IN DEED
BOOK 89, PAGE 290; OFFICIAL
RECORDS BOOK 30, PAGE 145; AND
STATE ROAD RIGHT-OF-WAY IN OF-
FICIAL RECORDS BOOK 96, PAGE
157; INDIAN RIVER COUNTY, FLOR-
IDA, RECORDS WHICH IS 600' WIDE
AND LIES EAST OF, PARALLEL TO,
AND ADJACENT TO THE RIGHT-OF-
WAY OF U.S. HIGHWAY =1.
37
DEC 7 1983 a p 5-5 rAu5.36
pr
P E C 7 1983 mu 537
goo5
The Board reviewed the following memo dated 11/1/83:
TO: The Honorable Members DATE: November 1, 1983 FILE:
of the Board of County
Commissioners
DEPARTMENT HEAD CONCURRENCE: COUNTY INITIATED REZONING
OF INDIAN LAKES CONDOS
SUBJECT: FROM R-3, MULTIPLE DWELL-
ING DISTRICT, TO R -2D,
MULTIPLE -FAMILY DISTRICT
Robert M. Keatinig, 167CP
Planning & Development Director
iZI5
FROM' Richard Shearer, AICP Req/Ind. Lakes
• Principal Planner REFERENCES: DIS:WORKA
It is requested that the data herein presented be'given formal
consideration by the Board of County Commissioners at their
regular meeting of December 7, 1983.
DESCRIPTION & CONDITIONS
The County has initiated a request to rezone 17.5 acres located
600 feet east of U.S. Highway #1 and approximately 600 feet
north of Hobart Road from R-3, Multiple Dwelling District, to
R -2D, Multiple -Family District.
The owner of this property proposes to develop it as condomini-
ums and concurs with this rezoning request.
On October 27, 1983, the Planning and Zoning Commission voted
5 -to -0 to recommend approval of this rezoning request.
ALTERNATIVES & ANALYSIS
In this section, - an analysis
will be presented as well as
use as established in the Land
Plan.
Existing Land Use Pattern
of the -existing land use pattern
a discussion of the future land
Use Element of the Comprehensive
The subject. property is currently vacant, although some site
improvements have been made in conformance with an existing
approved site plan. If the property is rezoned, a new major
site plan will have to be submitted and approved before
construction may continue. North of the subject property is
Hobart Landing #1, a single-family subdivision, and east of the
subject property, across Indian River Boulevard, is Hobart
Landing #2, also a single-family subdivision. South of -the
subject property is vacant land. The area west of the subject
property is zoned C-lA, Restricted Commercial District, and is
vacant except for a real estate office.
WT
Future Land Use Pattern
The Comprehensive Plan designates the subject property as LD -2,
Low -Density Residential 2 (up to 6 units/acre). All of the
land around the subject property is also designated LD -2 except
for the area to the west. Some of the land west of the subject
property can be included in the Hobart Road/U.S. Highway 1
commercial/ industrial node. The land on the west side of U.S.
Highway 1 is in the U.S. Highway 1 MXD, Mixed -Use District,
Corridor (up to 6 units/acre).
The R-3, Multiple Dwelling District, zoning of the subject
property (allowing up to 15 uni`.s/acre) does not conform to the
LD -2 land use designation of this area. The R-3 densities were
grandfathered in because the site plan was approved before the
Comprehensive Plan was adopted. However, the proposed R -2D
zoning does conform to the LD -2 land use designation and will
provide a .good transition between the commercially -zoned land
west of the subject property along U.S. Highway 1 and the
single-family subdivision east of the subject property.
Roads/Traffic
The proposed down -zoning of the subject property would result
in considerably less traffic generated on this site. The R-3
zoning could generate up to 1864 average daily trips (ADT).
The R -2D zoning would allow a maximum of 746 ADT. ,
Environment
The subject property is not designated as environmentally
sensitive. However, the majority of the subject property is in
a floodplain zone A9 (elevation 6). The zone A9 designation is
for areas subject to 100 -year floods. The remainder of the
subject property is in a zone B floodplain area which includes
land within the limits of 100 year flood and 500 year flood.
ri+-; 1 ; t-; Ac
The subject property is not currently served by County water
nor wastewater facilities.
RECOMMENDATION
Based on the above analysis, including the Planning and Zoning
Commission's recommendation, staff recommends approval.
Richard Shearer, Principal Planner, presented staff's
recommendation that the County initiate rezoning o.f Indian
Lakes Condos from R-3, Multiple Dwelling District, allowing
up to 15 units per acre, to R -2D, Multiple Family District,
which allows a maximum of 6 units per acre. This rezoning
would bring the zoning into conformance with the
Comprehensive Plan Land Use designation for this property,
which is LD -2 maximum of 6 units per acre.
Staff feels that
39
DEC 7 1983 Bye 55 n �-1� ..
DEC `i 1983 890 55 PACE - 50,k3.
the R -2D would be a nice buffer between single family homes
and commercially zoned property.
Mr. Shearer showed a slide of the site and pointed out
that the Planning & Zoning Commissioner voted 5-0 to
recommend approval of the rezoning.
Chairman Bird opened the Public Hearing and asked if
anyone wished to be heard in this matter.
Michael O'Haire, attorney representing Hobart Landing
Property Owners Association, explained that Hobart Landing
is a single family subdivision located easterly of the
property in question. His clients feel.strongly that the
buffer provided by the rezoning is not necessary, as there
is no existing commercial use anywhere near their
subdivision. Although, there is a commercial node
designated on the Master Plan, there is no reason that node
cannot be relocated. Mr. O'Haire continued to emphasize
that the only land use up there that is deserving of any
protection is the single family subdivision that has been
there for many years and there is no need at this point for
a buffer of multiple family zoning. He stated that Hobart
Landing property owners have watched this property be
despoiled and scarified by Arthur Wilson, who tore out a
productive citrus grove, and since Mr. Wilson has been
trying to sell this land as multiple family for years and
cannot, it is obvious there is no demand for multiple family
use in this area. Mr. O'Haire pointed out that Mr. Wilson
has had a site plan since 1980 and has dragged it out, not
building anything on the land because he cannot sell it.
The site plan approval process has been abused time and time
again, and opening this up all the way from U.S. #1 will
simply depreciate the values of the existing land use;
therefore, Attorney O'Haire urged the Board to preserve the
integrity of the only existing use entitled to protection
and go with single family rezoning.
40
Eugene O'Neill, attorney representing Arthur Wilson,
owner of Indian Lakes -Condos, reviewed the history of the
situation as discussed at previous meetings. He believed
that the Board is very familiar with the entire situation
and that it is time for them to make a decision. He
emphasized that this is a County -initiated rezoning, and
informed the Board that Mr. Wilson was here today to answer
any questions in regard to this property.
Ralph Holzman, 3556 Martha's Lane, Hobart Landing, did
not feel the rezoned property would be much of a buffer when
ingress and egress for the development feeds right into
Indian River Boulevard and Martha's Lane. Nor is it much of
a buffer to have a 3 -story condominium built right next to
the single family area. He hoped that when the new site
plan is developed, the neighbors will have something better
to look at and that ingress and egress is fed into U.S. #1.
Arthur Wilson, owner of the subject property, agreed
that the excess traffic could cause some problems, but
pointed out that they have tried to cooperate and have
written the County Attorney that during development of the
site plan, they would undertake to move the entrance to the
development so that traffic would not have to go through the
Hobart Landing community.
use Indian River Boulevard.
In other words, they would not
Mr. Wilson took exception to the statement that he had
scarred the property by removing a productive citrus grove.
He explained that the front part of the grove had -been
flooded and if it had been_a good, productive grove, he
would have left it intact. He noted that they had
anticipated a grass strip extending from Hobart Road almost
down to Hobart Landing, but it had stormed the night after
seeding and the strip was washed out. He is still very much
interested in cooperating and has been trying to line up a
source for a proper fence. He has found two types of
41
Mf 541
DEC 7 1983
.DEC 7 1993 55 PAGE 541
fencing - basketweave or picket cypress. His attorney has
written Hobart Landing Property Owners Association of his
intentions to put up an attractive 6 -foot high fence. They
have received no response from the Association, but he is
still prepared to build the -fence.
Bernard Paz, resident.of Hobart Landing, whose property
abuts the proposed development, asked Mr. Wilson what he
intends to do along 79th Street, (Fleet Road), and Mr.
Wilson stated he has no intentions of putting a fence along
the main entrance to Hobart Landing.
Mr. Paz, a real estate broker, stated he has shown a
number of homes in Hobart area and none of them have sold.
When prospective buyers find out what may happen there, they
lose interest. He believed that Hobart Landing is also
having trouble selling property, and he cannot see doing
anything but rezoning this to RD -1. This statement resulted
in much handclapping from the audience.
Henry Muller, a developer in the area and on the
barrier island, stated that he is not representing Mr.
Wilson. He mentioned that previously he had some interest
in the property until he found out the problems he would
encounter. Mr. Muller felt there was nothing wrong with
multiple family being used as a buffer as it has been used
in many other places in the County and believed the site
plan can be done in a manner that would be acceptable. He
frankly stated that he personally would tear down the walls
as they are an eyesore; he did not feel a fence would cover
it up, and believed it would be much more appropriate to
have hedging that would provide a green buffer. Mr. Muller
noted the people have a real concern because they don't know
what is going to happen there, and felt if they had a site
plan placed before them, they would have chance to see what
it would really be like. He stated that he would be
delighted to develop the property, provided he could make a
42
deal with Mr. Wilson, as he believed there is a need for
properly conceived multiple family housing up there and
thought that staff would see this is done in an orderly way.
Mr. Muller was concerned about complying with flood
ordinance requirements along the river and hoped that any
developer going through this process of dropping density
would not lose any rights. Attorney Brandenburg stated that
Mr. Wilson would have to comply with all the storm ordinance
requirements unless he fell within one of the exceptions or
waiver positions, and that would have to be looked at by the
Board at the time of site plan. It does not appear that he
would fall into any known exception at'this point.
Chairman Bird invited Mr. Muller to express his
concerns and feelings in this matter to Attorney
Brandenburg
George Kraft, 3536 Martha's Lane, noted that LD zoning
in the old Master Plan ended at Hobart Road. For some
unknown reason Planning & Zoning dropped the ball right
there, and on the other side of Hobart Road they left LD -2.
This was at the same time that Planning & Zoning asked the
Hobart brothers to consider R-1 zoning, which is now on the
north and east sides of Mr. Wilson's property. The
residents of Hobart Landing feel that the density was never
actually 15 units per acre and that Dave Rever, former
Planning Manager, allowed these unusual densities to occur.
Now they are back to 6. He felt that we should have
comparable and compatible density and that it should all be
R-1 zoning.
Mr. Kraft did not feel that Mr. Wilson had been
cooperative or conciliatory until just recently. He brought
up the fact that Mr. Wilson destroyed their existing privacy
buffer by removing a 40' wide stretch of 80 year old trees,
which he claimed were dangerous although they had withstood
many storms. Mr. Wilson promised to give the residents of
43
DEC 7 1983 BOOK 55 PACE -a 4 0
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bowman, the Board
unanimously closed the Public Hearing.
MOTION WAS MADE by Commissioner Wodtke,
SECONDED by Commissioner Scurlock, that the
Board accept recommendation of staff and adopt
Ordinance 83444, rezoning Indian Lakes Condos
from R-3, Multiple Dwelling District, to R -2D,
Multiple Family District.
Under discussion, Commissioner Scurlock felt confident
that Planning would be very involved during the site plan
process, and hoped that Mr. Wilson would improve his image
as a developer.
Commissioner Wodtke hoped that we can get away from
accusations or implications that have been made that staff
has not been doing their job.
Chairman Bird pointed out that the Commission has an
obligation to be consistent, and felt that multiple family
is a reasonable transition zoning between commercial and
44
DEC
7 1993
Hobart Landing "unparalleled beauty" after removing these
trees, but he has not yet fulfilled this promise.
Attorney O'Neill felt the question before the Board
today is not walls, but what is the best land
use. He
Pointed out that a reasonable compromise was reached at the
last meeting and Mr. O'Haire did not object at that time;
now, however, his clients are asking the Board to vote
against a density of 6 units per acre.. Mr. O'Neill reminded
the Commission that they rely on staff's recommendations
as
to what is a reasonable solution to the problem and just
hoped the Board continues to act in the reasonable manner it
has in the past.
ON MOTION by Commissioner Wodtke,
SECONDED by Commissioner Bowman, the Board
unanimously closed the Public Hearing.
MOTION WAS MADE by Commissioner Wodtke,
SECONDED by Commissioner Scurlock, that the
Board accept recommendation of staff and adopt
Ordinance 83444, rezoning Indian Lakes Condos
from R-3, Multiple Dwelling District, to R -2D,
Multiple Family District.
Under discussion, Commissioner Scurlock felt confident
that Planning would be very involved during the site plan
process, and hoped that Mr. Wilson would improve his image
as a developer.
Commissioner Wodtke hoped that we can get away from
accusations or implications that have been made that staff
has not been doing their job.
Chairman Bird pointed out that the Commission has an
obligation to be consistent, and felt that multiple family
is a reasonable transition zoning between commercial and
44
single family; otherwise, there would be nothing but single
family zoning.
Commissioner Bowman agreed, but felt that Hobart
Landing has lost confidence in the developer of Indian Lakes
Condos. She understood the residents' concerns and urged
Mr. Wilson to hire a good developer for the condos and not
to develop it himself.
Commissioner Lyons felt that the best protection we can
offer the residents in Hobart Landing is to go to the
proposed rezoning because at least there is going to be a
site plan review and we will have some control over the
development.
THE CHAIRMAN CALLED FOR THE QUESTION
to adopt Ordinance 83-44, rezoning
Indian Lakes Condos from R-3 to R -2D.
The Motion was voted on and carried
unanimously.
45
DEC 7 1983
s 55 544
DEC 7 123 diiK 5-5
ORDINANCE NO. 83-44
WHEREAS, the Board of County Commissioners of Indian
River County, Florida, did publish and send its Notice of
Intent to rezone the hereinafter described property and
pursuant thereto held a public hearing in relation thereto, at
which parties in interest and citizens were heard; NOW,
THEREFORE,
BE.IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida, that the Zoning Ordinance of
Indian River County, Florida, and the accompanying Zoning Map,
be amended as follows:
1. That the Zoning Map be changed in order that
the following described property situated in
Indian River County, Florida, to -wit:
A PARCEL OF LAND BEING A PORTION OF GOVERNMENT LOTS 4 AND
5, SECTION 34, TOWNSHIP 31 SOUTH, RANGE 39 EAST, INDIAN
RIVER COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
THAT PORTION OF THE FOLLOWING DESCRIBED PARCELS
LYING EAST OF A LINE 600.00 FEET EAST OF AS MEASURED
AT RIGHT ANGLES TO THE EASTERLY RIGHT-OF-WAY LINE OF
U.S. HIGHWAY #1 (STATE ROAD 5).
THAT PART OF PARCELS #1, #2, AND #3 AS DESCRIBED:
PARCEL #1: THAT PART OF THE EAST i OF THE WEST h OF
GOVERNMENT LOT 5, SECTION 34, TOWNSHIP 31 SOUTH, RANGE 39
EAST, LYING EASTERLY OF THE RIGHT-OF-WAY OF U.S. HIGHWAY
#1, LESS THE NORTH 25 FEET THEREOF; SAID LAND LYING AND
BEING IN INDIAN RIVER COUNTY, FLORIDA.
PARCEL #2: NORTH h OF WEST 10 ACRES OF THE EAST 20 ACRES
OF GOVERNMENT LOT 5, SECTION 34, TOWNSHIP 31 SOUTH, RANGE
39 EAST; SAID LAND LYING AND BEING IN INDIAN RIVER
COUNTY, FLORIDA.
PARCEL #3: THE NORTH X2 OF GOVERNMENT LOT 4, EXCEPT LAND
SOLD TO THE HOBART BROTHERS COMPANY IN DEED BOOK 89, PAGE
290 INDIAN RIVER COUNTY, FLORIDA RECORDS; THE EAST 10
ACRES OF GOVERNMENT LOT 5; AND THE SOUTH z OF THE WEST 2
OF THE EAST z OF GOVERNMENT LOT 5; ALL IN SECTION 34,
TOWNSHIP 31 SOUTH, RANGE 39 EAST; SITUATED, LYING AND
BEING IN INDIAN RIVER COUNTY, FLORIDA. SUBJECT TO
EASEMENTS AS SHOWN IN DEED BOOK 89, PAGE 290; OFFICIAL
RECORDS BOOK 30, PAGE 145; AND STATE ROAD RIGHT-OF-WAY IN
OFFICIAL RECORDS BOOK 96, PAGE 157; INDIAN RIVER COUNTY,
FLORIDA RECORDS WHICH IS 600' WIDE AND LIES EAST OF,
PARALLEL TO, AND ADJACENT TO THE RIGHT-OF-WAY OF U.S.
HIGHWAY #1.
Be changed from R-3, Multi -Family District (up to 15
units/acre) to R -2D, Multi -Family District (up to 6
units/acre).
� a �
All with the meaning and intent and as set forth and
described in said Zoning Regulations.
Approved and adopted by the Board of County Commissioners
of Indian River County, Florida on this 7th day of December ,
1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY
BY: X.,& e L::)
Richard N. Bird
Chairman
Acknowledgment by the Department of State of the State of
Florida this 12th day of December , 1983.
Effective Date: Acknowledgment from the Department of State
received on this 19th day of December , 1983, at ll''A.M./P.M.
and filed in the Office of the Clerk of the Board of County
Commissioners of Indian River County, Florida.
APPROVED TO FORM AND
LEGAL SUFFICIENCY A
BY
."BRANDEN(BURG, County Attorney
DEC X71983
5P'
' ?ACE
I
I
D E G
7
1983
�aoir
Vero Beach, Indian River County. Florida
PACE'
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
PUBLIC HEARING
— CONSIDERATION OF VERO LAKE ESTATES
AREA
,_K ^I 6'..-, a4.
��pT-ICE
at Vero Beach in Indian River County, Florida; that the attached
OF INTENT CONSIDER'
MUNICIPAL SERVICE TAXING UNIT
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:
VER® BEACH PRESS -JOURNAL
Published Daily
.. I
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
,_K ^I 6'..-, a4.
��pT-ICE
at Vero Beach in Indian River County, Florida; that the attached
OF INTENT CONSIDER'
co of advertisement, being
PY 9
A
� COUNTY ORDINANCE
The Board of County Commissioners of In-
��
dian River County will conduct a public hear-
a
ing on December 7, 1983, at 10:00 A.M. in the
Commission Chambers at the County Admin-
in the matter of
istration Building, 1840 25th Street,Vero
Beach, Florida, to consider adoption of an or-
dinance entitled:
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF IN- '
DIAN RIVER COUNTY, FLORIDA,
CREATING THE VERO LAKE ES-
TATES AREA MUNICIPAL SERVICE
in the Court, was pub-
TAXING UNIT; PROVIDING FOR THE
CREATION OF THE MUNICIPAL SER-
VICE TAXING UNIT: PURPOSE;
C/
in said newspaper in the issues of r�T%)"7i / Z/ dii
DETERMINATION OF COST OF SER-
VICE;
i VICE; PROPERTY OWNER ADVISORY
GROUP; LEVY OF TAXES, ADOPTION
OF BUDGET; DISPOSITION OF PRO-
CEEDS FROM THE LEVY OF TAXES;
I INCORPORATION IN CODE; SEVER-
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
ABILITY; AND EFFECTIVE DATE.
i it any person decides to appeal any deci-
Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore
sion made on the above matter, he/she will
been continuously published in said Indian River County, Florida, each daily and has been
need a record of the proceedings, and for
entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun-
such purposes, he/she may need to ensure
t y, Florida, for a period of one year next preceding the first publication of the attached copy ofmade,
I that a verbatim record of the proceedings is
which record includes the testimony in
advertisement; and affiant further says that he has neither paid nor promised any person, firm
evidence on which the appeal is based.
or corporation any discount, rebate, commission or refund for the purpose of securing this
Nov. 17,1983.
advertisement for publication in the said newspaper.
0_61
Sworn to and subscr' d b ore m i �� day ' A.D.
of 19
yYt� •
( iness Manager)
(SEAL) (Clerk of the Circuit Court, Ir%flfan River County, Florida)
48
The Board reviewed the following memo dated 11/29/83:
TO: The Honorable Members of the DATE: November 29, 1983 FILE:
Board of County Commissioners
THROUGH: Michael Wright,
County Administrator SUBJECT: Vero Lake Estates MSTU
1) Copy of Board of County Commissi
FROM: James W. Davis P.E. , REFERENCES: meeting minutes - July 14, 1982
Public Works Director 2) Ordinance Establishing Vero LakE
Estates MSTU
DESCRIPTION AND CONDITION
During the July 14, 198A meeting of the Board of County Commissioners,
staff was instructed to pursue the establishment of a Vero Lakes Estates MSTU,
and to study the following concerns:
1) Research the existance of an established, non-active Drainage District
for the area.
2) Assure that an equitable solution be presented such that a dual taxation
or payment is not created.
ALTERNATIVES AND ANALYSIS
Staff has researched the jurisdiction of the Vero Lakes Water Control
District and the Delta Farms Water Control District and it has been determined
that the Vero Lakes Estates Subdivision is not included within the boundaries ..
of those Districts.
Also, the following data concerning the Vero Lakes Estates Area is
presented:
1982-83 Tax Figures
Assessed Value $18,186,803.
Taxable 16,489,522.
Parcel Count 3632
Revenue received from taxes that funds the MSTU is 21%.
During FY 82/83, the Road and Bridge -Department performed the following
work:
Labor $33,653.92
Equipment $1629174.00
Total T195,827.92
The above figures translate into the following:
Maint. Cost per parcel = $53.92
One mil in 82/83 generated $16,489 from the Vero Lakes Estates area
No. mils required to generate $195,827.92 = 11.88
The 1982/83 NISTU Approved Millage was 1.08
49
DEC 7 1933 Be -a 55 ?AcE-51 -
I
DEC 1 1 jj 0009 55 PAC 5�9
Since the July, 1982 Board of County Commission meeting, the following
has taken place:
1) The Vero Lakes Estates Homeowners Assoc. was established and became
a Non Profit Corporation in the State of Florida.
2) On November 9, 1982, the Association established a 6 person committee
to work with the County Public IVorks Division on road and drainage
matters.
3) The Public lVorks Staff and Assistant County Attorney attended meetings
on August 23, 1982 and November 1982 to discuss road and drainage
matters.
Based upon the apparent need in the area, staff proceeded to draft an
ordinance for the establishment of an MSTU for the area. The funds generated
from the NLSTU are intended to be used in the following manner
1) A seven (7) person Board be established by the -Board of County
Commissioners for the purpose of recommending yearly to the Board of
County Commissioners an operating budget and yearly program.
2) It is anticipated that the first action by the Advisory Board would
be to select an Engineering firm to perform a Road and Drainage Study
for the area.
3) Once the study phase is complete, a program would be developed to
implement the study.
4) The Consultant would be -instructed to consider the equitable share
of cost sharing so that dual taxation is not applicable and expenditure
Of County funds is equitable.
The Advisory Board would recommend the actual operating budget.
RECOAMEMATION-AND FUNDING
It is recommended that the implementing ordinance be approved for the
establishment of an MSTU for the Vero Lakes Estates area.
Public Works Director Jim Davis presented staff's
recommendation for the establishment of an Municipal Service
Taxing Unit (MSTU) for the Vero Lakes Estates area.
He explained that the County has performed extensive
maintenance.in the area and it is a difficult area to
maintain. He continued that they met with the homeowners'
association of the area in 1982 and again last Thursday
night, and there was not much support for establishing a
MSTU. However, Director Davis pointed out that if something
is not done at an early stage, it is going -to reduce
retention facilities for drainage in the future. He,
therefore, recommended a study be undertaken as soon as
possible as there is a potential of 8,000 to 10,000 homes in
50
this area. Mr. Davis believed the cost of the study could
be as low as $5.00 a parcel, and noted they have prepared
the implementing ordinance for the MSTU.
Chairman Bird understood the purpose of the MSTU would
be to generate additional revenue primarily for drainage
and, secondly, for road maintenance, which can come later,
and paving could be provided under the County's petition.
paving program.
Commissioner Scurlock agreed that it is necessary to
address this situation now even though there is a lot of
opposition. This is one of those uncomfortable situations
where the Board must do what it has to do.
Commissioner Lyons questioned Attorney Brandenburg
about the County's legal obligation re subdivisions that
were built without satisfactory drainage, and Attorney
Brandenburg advised that the County does not have a
responsibility outside of responding to their needs, like
any other citizen in general. He noted that a large portion
of these lots are still owned by the original developer.
The Attorney explained that if the Board does adopt the
Ordinance today, it does not mean that the County must
levy any taxes. The law states that a MSTU must be on the
books by January lst, and the decision to levy taxes, if it
becomes necessary, can be made after that time.
Some discussion ensued regarding the possibility of
replatting or of imposing a moratorium on building in the
area, and Attorney Brandenburg believed the County could
legally impose a moratorium on all those lots out there
until the drainage is squared away.
Commissioner Bowman reported that she had received a
petition containing signatures of 80 people who are opposed
to the establishments of a MSTU.
SAID PETITION IS ONE FILE IN THE OFFICE OF THE CLERK
51
DEC 7 1983
DEC 7 1933 SASE
Director Davis explained to the Commission the
complicated situations involved with drainage in this area.
The Chairman opened the Public Hearing and asked if
anyone wished to be heard.
Carl Johnson, Director of Vero Lakes Estates Property
Owners Association Inc., expressed the Association's strong
objections to a survey for which they would have to pay.
Mr. Johnson believed if the swales and easements in back of
their property were cleared by the County, the water
disposal problem would be much improved. He further stated
that the residents of this area do not envision a great
amount of building within a short amount of time, and feel
if a survey was made sometime within the next five years,
they will not have lost anything.
Mr. Johnson felt that the road maintenance program is
much improved since the homeowners formed their association.
Administrator WRight noted that the County has put in
an extraordinary effort to maintain this area, and he did
not believe it could be continued at that level. -
Commissioner Scurlock explained that what the
Commission is trying to do is find a source of revenue for
planning for the future so that adequate drainage can be
provided in the next five years.
Commissioner Lyons asked if those present had any
opportunity to.look at the proposed ordinance and study it
in detail, and -Mr. Johnson commented that they -had
understood that they were talking about $50.00 a year per
parcel. $5.00 a year is something very different.
Commissioner Scurlock suggested that we go ahead today
and adopt the ordinance, conduct workshops, and then if
people do not want the improvements and are happy with the
service as it stands, we just won't levy any taxes.
Attorney Chester Clem, representing four corporations
owning between 4,000 and 5,000 lots in Vero Lakes Estates,
52
objected to any abandonment of plats. He felt this would be
impossible because of the sales that were made back in the
early 1960s. Mr. Clem stated that although his clients
realize they have problems and something needs to be done,
they feel adopting the proposed ordinance in order to.fund a
study would result in duplicate taxation. He suggested that
the County proceed with looking at the overall situation,
and although his clients object to forming a MSTU at this
time, they are willing to sit down and -work with the County
towards some solution.
Chairman Bird asked Attorney Clem is his clients would
be willing to give some financial assistance for a study and
Directory Davis interjected that the study is not something
that can be done quickly; it would probably take one or two
years, and he was not quite sure what it would cost.
Mr. Clem felt that his clients could be of some
financial assistance, but since people are paying County
taxes, the County should fund some part of this study. He
did not see this as an emergency situation.
Joe McBride,. a resident of Vero Lakes Estates for the
last 2k years, felt a lot of the maintenance work that has
been done by the County, is not satisfactory and they have
had to come back and redo it. Mr. McBride noted that there
are many houses out there that are owned as homestead
exemptions and these owners are the ones raising the most
objection. He felt that the County Attorney should prepare
a resolution to present to the State Legislature asking that
they pass a statute requiring every taxpayer to pay taxes on
the first $25,000 of assessed value, which would be fair to
everyone.
Chairman Bird agreed that the Legislature should
address the homestead exemption requirements, but,
unfortunately, it is a very unpopular issue.
53
DEC 7 1983
DEC 7 1983 009 55 FACE 553
Mr. McBride stated that he would be glad to pay $5.00
for the study, but no more, as he already pays County taxes.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the Board
unanimously closed the Public Hearing.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Bowman, the Board
unanimously tabled this matter until such
time as there have been meaningful discussions
with Attorney Clem and his clients; such time
not to exceed 90 days.
Commissioner Wodtke felt that we should also address
the 10,000 acres to the west and to the south and need to
contact those property owners.
Commissioner Lyons agreed that whatever solution is
found, it should involve all the property owners affected by
the drainage in that area.
DISCUSSION RE ACQUISITION OF ADDITIONAL BEACHFRONT PROPERTY
The Board reviewed the following memo dated 12/2/83:
TO. Members of the DATE: December 2, 1983 FILE:
Board of County Commissioners
SUBJECT: Acquisition of Additional
Property with the Remainder
of the $5,000,000 Beach
Bond Proceeds
FROM: Gary M. Brandenburg REFERENCES:
County Attorney
AVAILABLE FUNDS —APPROXIMATELY $300,000 '.
OPTIONS:
1. Purchase 10.3967 acres of land immediately west and across-AlA
from the oceanfront ERDO and Bell Road properties which con-
sisted of 1,484.21 feet of oceanfrontage. The -County's option__
54
,price on this land was $311,850.00. This Seller has indicated
his willingness to accept $300,000.00 for the property amount-
ing to $28,855.31 per acre for the land lying west of AlA.
This land was appraised at approximately $35,000.00 per acre.
If the County purchased this property and combined it. with the
County's other purchases and donations our holdings would be
squared off -on this portion of the Barrier Island and the
County would own all of Government Lot #6.
2. Purchase 10.6346 acres of land lying immediately west and
across AlA from the Golden Sands parcel which constituted
approximately 820 feet of oceanfrontage. The Golden Sands
owners have indicated a willingness to beat the ERDO group's
price by approximately $5,000.00. This could be -accomplished
by the County purchasing the entire 10.6346 acres for
$300,000.00 or by the Seller keeping a parcel amounting to
2379 acres and selling the rest to the County for
$295,000.00.
This land:
together'with the 2.85 acres previously donated by
Sellers to -the County would square off the land west of AlA and
also extend northerly across from the 332.32 feet of ocean -
frontage we still have an option on.
3. Purchase a portion of the remaining 332.32 feet of the Golden
Sands oceanfront property at $1,750.00 a front foot. Seller
would be willing to sell 220 feet of the oceanfrontage which -
would amount to $385,000.00. This transactiozz could occur by,
Seller receiving $299,500.00 from the County in cash and taking
back the 2.85 acres previously donated by Seller to the County
valued at $30,000.00 an acre. This would leave the Seller
112.32 feet of oceanfrontage covered by our option to purchase
at $1,750.00 a front foot. Seller is also willing to sell a
lesser amount of front footage at an amount prorated accord-
ingly.
4. Purchase 157 feet of oceanfrontage from Julian Lowenstein.
This property is generally located south of the ERDO tract,.,
Mr. Lowenstein has indicated a willingness to sell this'prop-
erty to the County for $275,000.00 which amounts to $1,751.00 a
front foot.
RECOMMENDATION:
I would recommend that the County purchase the land lying west of
the ERDO and Bell Road tracts unless the County can negotiate a
transaction with the Golden Sands property owner to acquire the
entire 332.32 feet of oceanfrontage at the present time.
Attorney Brandenburg explained the County's options in
obtaining additional beach property with the remaining
$300,000 of the $5 -million beach bond proceeds.
Chairman Bird stated he is inclined to pick up as much
oceanfront property as possible and hoped that we could get
the land adjacent to Golden Sands. However, Mr. Deprez, who
represents the owners of Golden Sands, informed us that his
clients are not willing to sell the entire remaining 333.32
55
DEC 7 1983 x 55 PASE5a11
p 1933 5- PAcE555
feet for what the County can offer - the $300,000 remaining
from the beach bond proceeds.
Mr. Deprez asked what the chances were of getting
another bond issue and the Commission felt it was nil
because we had just asked the people if they wanted to
acquire beach property and they voted a $5 -million bond.
Commissioner Lyons felt that we should make sure that
we have enough property on AIA to provide parking, etc.
Chairman Bird felt that we have enough depth to provide
parking on all of the proposed properties. Attorney
Brandenburg reported that the Golden Sands property is
deeper than the Erdo property.
Commissioner Wodtke felt that the bond issue was sold
to the public as a vehicle to purchase oceanfront property.
If he had his druthers, he would hold the balance of the
money. However, if it has to be spent, he would prefer the
addition of oceanfront property.
Commissioner Wodtke asked Attorney Brandenburg if it
might be to our advantage if the County saved a little
money to go with any State money that might be forthcoming,
and Attorney Brandenburg stated that just is not known.
It was generally agreed that the County should purchase
as much of the remaining Golden Sands ocean frontage as can
be bought with what was left from the beach bond proceeds,
approximately $300,000 for 222 feet of ocean frontage.
Discussion ensued regarding options on the east and
west side of AlA, and Mr. Deprez asked if the County could
s
give an assurance that they would buy his clients property
first if money is received from the Save.Our Coast program.
Chairman Bird stated that we could not because we cannot
control which parcel will be selected for purchase by the
State. The County agreed on releasing said options immed-
iately upon being notified that the Save Our Coasts funds
were not available and there being no other funding sources.
He asked if there was anyway the County could waive the taxes and
e
56
r
Chairman Bird stated there was no way the County could waive
taxes. Mr. Deprez then said, okay we accept that.
Commissioner Wodtke questioned the option on the west
side of AIA and asked if it is really in the realm of
probability that the County would purchase it. Chairman
Bird felt that the Legislature would prefer oceanfront
property; however, he still preferred to have the option on
the west side.
Community Development Director Tommy Thomas felt that
the County would be hearing something on the selection of
Save Our Coasts property by January and could then make the
decision on whether to release the option or not.
Commissioner Lyons felt we did not have trouble
communicating with Mr. Deprez and that it would work out.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED BY Commissioner Lyons, that the Board
authorize a contract providing for the acauisition
of approximately 222 feet of ocean frontage in
Golden Sands for the amount remaining in the beach
acquisition bond fund, and return the 2.85 acres
previously donated by the corporation to the County,
with the County and Golden Sands to evenly divide
closing costs on this transaction; and the extension
of the option on the remaining oceanfront parcel
for another 12 months at the same price; and that
the corporation give the County an additional 18 -
month option on the west side parcel at the same
price that is being credited to the County for the
2.85 acres being returned; both options to expire
in June, 1985.
57
DEC 7 1993
9K 55 PACE 556
DEC 7 1993 K 5 ?AGE 557
Under discussion Commissioner Wodtkeqh uestioned the
date of transfer in regard to taxes and Attorney Brandenburg
advised that taxes will be pro -rated at that time and we
could accommodate Mr. Deprez if he preferred to close prior
to the first of the year.
THE CHAIRMAN CALLED FOR THE QUESTION.
The Motion was voted on and passed unanimously.
Administrator Wright requested authorization to have
someone attend the Save Our Coast selection committee
meeting to be Wednesday, December 14, as he and
Director Thomas felt very strongly that someone should be
there to answer any questions. Chairman Bird said he would
join Mr. Wright in attending that meeting in Tallahassee.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the
Board unanimously approved out -of -county
travel for Administrator Wright and Chairman
Bird to attend the Save Our Coasts Selection
Committee Meeting in Tallahassee on 12/14/83.
PUBLIC HEARING PINE CREEK WATER & WASTEWATER SYSTEM
FRANCHISE
The hour of 11:30 o'clock A.M. having passed, the
Deputy Clerk read the following Notice with Proof of
Publication, to wit:
58
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 , e
in the
Court, was pub-
lished in said newspaper in the issues of
Affiant further says that the said Vero Beach Press -Journal is a newspaper published at
Vero Beach, in said Indian River County, 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 befor a th' day of A.D. 19 A3
apager)
Tj
(SEAL) (Clerk of the Circuit Court, Indian River County, Florida)
NOTICE OF PUBLIC HEARING
The Indian River County Board of County
Commissioners will hold a public hearing on
December 7,1983,11:30 a.m., in the Commis-
sion Chambers located at 1840 25th Street,
Vero Beach, Florida, to consider a request
from Lynnlee Development Corporation for a
water and wastewater utility franchise to serve
Pine Creek, a multi -family residential develop-
ment located at 78th Avenue and State Road
60.
The proposed rate structure is:
Developer Lynnlee Development Cor-
poration will pay up to a flat monthly
fee per unit of $46.95 until 70% of
buildout at which time operation of
utilities will be turned over to the
Homeowners Association.
All interested persons are invited to this
meeting. If any person decides to appeal any
decision made by the Board of County Com-
missioners with respect to any matter consid-
ered at this meeting, he/she will need a
record of the proceedings, and taht for such
Purpose he may need to ensure that a verba-
tim record of the proceedings is made, which
record includes the testimony and evidence
upon which record includes the testimony I
and evidence upon which the appeal is to be,
heard.
Richard N. Bird, Chairman
Indian River County
Board of County Commissioners
Nov. 30, 1983.
The Board reviewed the following memo dated 11/38/83:
TO: The Honorable Members of the DATE: November 28, 1983 FILE:
Board of County Commissioners
THROUGH: Terrance G. Pinto
Utility Sery-ices Di+�ector APPLICATION -
SUBJECT: PINE CREEK WATER
& WASTEWATER SYSTEM
FRANCHISE
Joyce S. HamiltonQ\* 1) Resolution
FROM: Administrative Assi Cant REFERENCES: A) Franchise Area Map
Utility Services B) Schedule of Rates
C) Certificate of Insurance
DESCRIPTION AND'CONDITIONS:
Lynnlee Development Corporation is the developer of a multi -family
fifty-two (52) unit, residential complex located north of State
Road 60, south of 22nd Street, east of 21st Street, and west of
Range Line Road (Exhibit "A").
59
DEC 7 1983
SQ�K�
5 PAGJ
PEC 7 1983 $90,K 5.5 PnE 559
Water and wastewater treatment facilities will be built by Lynnlee.
There is a possibility of the County furnishing water to this develop-
ment upon the extension of water mains out State Road 60.
ALTERNATIVES AND ANALYSES:
The monthly cost of operating and maintaining the plants has
been calculated at two thousand four hundred forty one dollars and
twenty five cents ($2,441.25) per month which equates to forty six
dollars and ninety five cents ($46.95) per unit (Exhibit "B").
Lynnlee will be responsible for the cost of operating and maintaining
the water and wastewater plants for the first two years or when seventy
percent (70%) of the condomimiums have been sold. At that time,
the developer plans to transfer this franchise to the Homeowners
Association.
Lynnlee has met all requirements set out in Indian River County's
Franchise Application including providing public liability and property
damage insurance (Exhibit "C").
t
RECOMMENDATION:
Staff recommends approval of this resolution (Exhibit l) to allow
Lynnlee Development Corporation to build water and wastewater
treatment facilities in order to provide service to Pine Creek.
Staff acknowledges County will furnish water to Pine Creek provided
the water main extension is timely with the building of this project.
The Chairman opened the. Public Hearing and asked if
anyone wished to be heard in this matter. There were none.
ON MOTION by Commissioner Lyons,
SECONDED by Commissioner Scurlock, the Board
unanimously closed the Public Hearing.
ON MOTION by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, the Board
unanimously adopted Resolution 83-120 - Pine
Creek Water and Wastewater System Franchise.
8
RESOLUTION NO. 8 3 -12 0
BE IT RESOLVED by the Board of County Commissioners of Indian River
County, Florida;
SECTION I
This Resolution shall be known and may be cited as the "PINE CREEK
WATER AND WASTEWATER SYSTEM FRANCHISE".
SECTION II
DEFINITIONS
For the purpose of this Resolution, the following terms, phrases,
words and their derivations shall have the meaning given herein. When
not inconsistent with the content, 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 Indlan River County Utility Services Department, a
political subdivision of the State of Florida.
(b) "County Engineer" may be "County Administrator or County
Utilities Director".
(c) "Utility" is the Grantee of rights under this franchise, to
wit: LYNNLEE DEVELOPMENT CORPORATION.
(d) "Board" is the Board of County Commissioners.
(e) "Person" is any person, firm, partnership, association,
corporation, company or organization of any kind.
(f) "Territory" means the area located in Indian River County,
Florida outside the corporate limits of any municipality as the same is
more particularly defined and described herein.
(g) "Water System" shall mean and include any real estate,
attachments, fixtures, impounded water, water mains, services, valves,
meters, plant, wells, pipes, tanks, hydrants, pumps, reservoirs,
systems, facility or other property, real or personal, used or useful or
having the present capacity for future use in connection with the
collection, obtaining, treatment, supplying and distribution of water to
the public for human consumption, fire protection, irrigation,
consumption by residential, business or industry, operation of sewage
disposal plants and, without limiting the generality of the foregoing,
DEC 7 1983
1
8w 55l�EE
DEC 7 193
shall embrace all necessary appurtenances and equipment and shall
f
include all property, rights, easements, licenses and franchises
relating to any such system and deemed necessary or convenient for the
operation thereof.
(h) "Wastewater System" shall mean and include any plant, system,
facility or property used or useful or having the present capacity for
the future use in connection with the collection, treatment,
purification or disposal of wastewater effluent and residue for the
public and without limiting the -generality of the foregoing definition
shall embrace treatment plants, pumping stations, intercepting sewers,
pressure lines, mains, laterals and all necessary appurtenances and
equipment and shall include all property rights, easements, and
franchises relating to any such system and deemed necessary or
convenient for the operation thereof.
(i) "Service" means supplying to a user the distribution of water
and/or wastewater and the treatment thereof.
(j) "Hookup and/or Connection" is the connecting of potential
user's property to the water and/or wastewater system in order to
utilize the Utility's services.
CPY'wPTf1N TTT
GRANTING OF FRA=SE
There is hereby granted by the County to the Utility the
non-exclusive franchise, right and privilege to erect, construct,
operate and maintain a water and/or wastewater system as herein defined
within the described territory as herein provided and for these purposes
to sell and distribute treated water and/or wastewater 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 therefore in, along, under and across
the public alleys, streets, roads, highway and other public places of
the County; provided, however, that the County reserves the right to
permit the use of such public places for and all other lawful purposes
and subject always to the paramount right of the public in and to such
public places.
The Utility 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. -
2
_ M M
The Utility shall supply the County with copies of its Department
of Environmental Regulation monthly operating reports and trouble
reports, if any.
The right is hereby reserved to the County to adopt, in addition to
the provisions herein contained and existing applicable resolutions or
laws, such additional regulations and increase 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.
Franchisee understands that the County is now considering the
extension of the County water system to this franchise area. Should the
County extend the county system, this shall be considered a temporary
water franchise and upon the demand of the County, franchisee shall
discontinue its water operation and immediately connect to the County
system and shall pay to the County all the sums due under the County's
standard schedule of rates and fees.
cFrrTM7 TV
TERRITORY/FRANCHISE AREA
The territory in which this franchise shall be applicable is all
that part of Indian River County, Florida, located within the following
described boundary lines, to wit:
See Exhibit "A" attached hereto and incorporated. herein.
SECTION V
HOLD HARMLESS CLAUSE
It is expressly understood and agreed by and between the Utility
and the County that the Utility shall save the County and members of the
Board harmless from any loss sustained by the County on account of any
suit, judgment, execution, claim or demand whatsoever resulting from
negligence, or intentional wanton, willful and reckless acts on the part
of the Utility in the construction, operation or maintenance of the
water and/or wastewater 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 Utility may be
prosecuted directly -by such person against the Utility. The County
shall notify the Utility promptly after presentation of any claim or
CPr%7TrW VT
CERTIFICATION OF COMPLIANCE
The Utility shall maintain and operate its water/wastewater plant
and system, and, render efficient service in accordance with the rules
3
1
PACE M'?
P_
D E C 7 1983 PACE
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
Specification for Water Treatment/Distribution and Sewage
Treatment/Collection Facilities" promulgated by Indian River County
Utilities Department, July 1980, or as amended. The County shall
require the Utility to comply with the above standards. Prior to the
issuance of a construction permit, the Utility's project engineers shall
certify to the County that the design standards as set forth in said
"Construction Specifications" of Indian River Utilities Department,
July, 1980, or as amended, will be net by completion of the project as
shown on the plans submitted. The Utility shall cause said
certification to be submitted to the County along with the Florida
Department of Environmental Regulation applications and plans, for
County review. Submission to the county for review may occur
simultaneously with submission of said documents to the Florida
Department of Environmental Regulation. Upon approval by the county of
the plant and system, a permit shall be issued to the Utility for the
construction thereof.
Prior to the issuance of a construction permit, certification from
the Indian River County Fire Department must be obtained certifying fire
flow requirements have been -met.
Upon the completion of all construction of the water and wastewater
treatment plants and distribution and collection systems, the project
engineer for the Utility shall certify, under seal, that the system has
been constructed substantially in accordance with the plans and
specifications previously approved and that the systems meet all of the
standards required by the County. The certification shall include
submission to the County of two sets of "as -built" (as defined by the
County) 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 water and
wastewater 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 unreasonable withheld. The Utility shall
grant necessary easements to the County without charge to connect the
water and/or wastewater system to the County Master Water and/or
Wastewater System together with such easements as are necessary to
Provide access to the water and/or wastewater system, where and if the
County makes water and/or wastewater service available to the project.
The Utility shall pay a one thousand dollar ($1,000) franchise
application fee at the time of the submission of the franchise
application, and agrees to pay all other fees which may be applicable
during the operation of the system.
4
1
SECTION VII
,CERTIFICATION OF OPERATIONS AND MAIlVTENANCE
All of the facilities of the Utility shall be constructed in
accordance with the plans and specifications -approved by the Department
of Environmental Regulation of the State of Florida and Indian River
County Utilities Department. The manner of treatment and distribution
of water and the manner of collection and disposal of wastewater shall
at all time be and remain not inferior to the quality standards for
public water distribution and public sewage collection and other rules,
regulations and standards now or hereafter adopted by the Department of
Environmental Regulation of the State of Florida, or other governmental
body having jurisdiction, including Indian River County.
The Utility shall supply the County with an annual report of
operations and maintenance certified by the Utility Engineer who must be
registered in the State of Florida.
SECTION VIII
UTILITY'S AUTHORITY TO PROMULGATE NECESSARY PROCEDURES
(a) The Utility shall have the authority to promulgate such rules,
regulations, terms and conditions covering the conduct of its business
as shall be reasonable necessary to enable the Utility 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, the Utility, before discretionary action
is taken by the Board of County Commissioners, can request said Board
that a group of arbitrators be appointed and such group shall consist
of:
1. County Utilities Director
2. Utility 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 arbitrators or Board may have with respect
to this franchise can be appealed to the Circuit Court of Indian River
County by either party.
DEDICATED EASEMENTS
5
Door 55 PAcE-
DEC 7 1983 J
DEC 7 1983 55 rAcE595
All pipes, pumps, hydrants, mains, valves, blowoffs, sewer mains
and manholes and other fixtures laid or placed by the Utility for the
water and/or wastewater system shall be so located in the dedicated
easements in the County after approval by the County Engineer so as not
to obstruct or interfere with other uses made of such public places
already installed. The Utility shall, whenever practicable, avoid
interfering with the use of any street, alley or other highway where the
paving or surface of the same would be disturbed. In case of any
disturbance of county -owned pavement, sidewalk, driveway or other
surfacing, the Utility shall, at its own cost and expense and in a
manner approved by the County Engineer, replace and restore all such
surface so disturbed in as good condition as before said work was
commenced and shall maintain the restoration in an approved condition
for a period of one (1) year. In the event that any time the County
shall lawfully elect to alter or change the grade or to relocate or
widen or otherwise change any such County -wined right-of-way, the
Utility shall, upon reasonable notice by the County, remove, relay, and
relocate its fixtures at the Utility's expense. The Utility shall not
locate any of its facilities nor do any construction which would create
any obstructions or conditions which are or may become dangerous to the
traveling public. In the event any such public place under or upon
which the Utility shall have located its facilities shall be closed,
abandoned, vacated or discontinued, the Board may terminate such
easement or license of the Utility thereto; provided, however, in the
event of this termination of easement, the party requesting such
termination shall pay to the Utility 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 Utility and its
facilities.
SECTION X
SERVICE REQUIRE IEWS
The Utility shall provide service within the franchise territory on
a non-discriminatory basis as if it were regulated under Florida Statute
Chapter 367 (1980), except to the extent that said provisions are in
conflict with the provisions of the franchise.
SECTION XI
AVAILABILITY OF SERVICE
(a) Subject to the provisions of Section XI (b) the Utility shall
furnish, supply, install and make available to any and all persons
within the franchise territory making demand therefor, its public water
and/or wastewater system, and shall provide such demanding person with
its services and facilities; provided, however, that the Board may, upon
application of the Utility extend time for providing such service to
11
M M M
such demanding person. In the event the Utility fails to provide its
services and facilities as an water and/or wastewater system to any area
within the franchise territory within the time specified by the Board,
then in such an event, the County may, by resolution of the Board,
limit, restrict and confine the territory to that area then being
serviced by the water and/or wastewater system by the Utility or such
greater area as the Board shall determine; and thereafter, the territory
shall be only the area set forth, in the resolution adopted by the
Board.
(b) The Utility shall not be required to furnish, supply, install
and make available its public water and/or wastewater system to any
person within the franchise area unless the same may be done at such a
cost to the Utility as shall make the addition proposed financially
feasible. .Financially feasible shall mean that a fair and reasonable
rate of return shall be realized by the Utility 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 prospective service to the area is not
financially feasible shall be the burden of the Utility.
CTY*TTMT YTT
TRANSFER OF OWNERSHIP
The Utility or its shareholders shall not sell or transfer its
plants or systems or stock to another nor 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 shall not be transferable and assignable until
notice or request for transfer and assignment shall be given by the
Utility to the Board in writing accompanied by a request from the
proposed transferee, which application shall contain information
concerning the financial status and other qualifications of the proposed
transferee and such other information as the Board shall require. A
public hearing -may be held on such request, of which notice shall be
given by publication in a newspaper regularly published in the County at
least one time not more than one month or less than one week preceding
such hearing. Certified proof of publication of such notice shall be
filed with the Board. The Board shall act within ninety (90) days upon
such request. The consent by the Board to any assignment of this
franchise shall not be unreasonably withheld. Any sale or transfer by
the Utility or partners of the Utility taking place contrary to the
terms and conditions of this paragraph shall be considered by the Board
to be a default by the Utility under this franchise agreement and
subject this franchise to termination.
7
DEC 1983 BOOK 55 PACE 566
DEC 7 1933 55 PAGE ET7
SECTION XIII
ADEQUATE CAPACITY
Utility warrants adequate capacity to service existing or
anticipated customers and agrees not to provide water and/or wastewater
service unless adequate capacity is available at the time any new
connection is made.
SECTION XIV
NOTICE OF ADJUSTMENT OF RATES
Upon the initial connection of any custaner to the water/wastewater
system or upon the reconnection of any new custaner to the
water/wastewater system, the Utility shall furnish, by mail, a notice
setting forth the rate schedule then in effect and further containing
the following statement:
"The water/wastewater rates set forth herein
have been authorized pursuant to Indian River County
Water/Wastewater Franchise Resolution No. as
amended. Said water/wastewater rates are subject to
adjustment pursuant to said Resolution upon proper showing by
the Utility. Said rates are also subject to adjustment in
the event the water/wastewater franchise is terminated
and Indian River County commences to furnish
water/wastewater service to your property."
RATE SCBEDULE
The rates charged by the Utility 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 its properties devoted thereto under
efficient and economical management. The Utility agrees that the County
has the authority to enter into this Franchise Agreement and the
regulation of said Utility. Utility 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 Utility
shall have authority to charge and collect, but not to exceed, the
following schedule of rates as contained in "Exhibit B" attached hereto,
which shall remain effective until changed or modified as herein
provided. In setting said rates, the 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 County
M M r
Utilities Director. The County shall grant rates to the Utility 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 the Utility.
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.
The Utility 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 Utility, the sum of ten dollars ($10.00) shall be deposited
with the Utility 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 than 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 Utility 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.
FRANCHISE FEE
The Utility hereby agrees to pay to the County a franchise fee in
the amount of six percent (6%) of the Utility's annual gross receipts,
(or the sum of five hundred dollars ($500), whichever is greater),
derived frau monthly service charges to defray the cost of regulation
and for use of County rights-of-way and public places. The Utility
shall pay the 6% franchise fee quarterly. Said fee shall be shown as a
separate additional charge on utility bills.
The Utility shall supply the County with a copy of the Utility's
annual report and financial statements. All records and all accounting
of Utility shall be in accordance with the Uniform System of Accounts of
the National Association of Regulatory Utilities Commissioners and
general accepted accounting principles. Within ninety 190) days after
close of fiscal year, the Utility shall submit financial statements
prepared by a CPA and in accordance with general accepting accounting
standards and NARUC. Upon demand by the Board the Utility will submit
audited financial statements certified by a CPA. Also, a letter from a
CPA certifying that the six percent (6%) franchise fee and the two and
one-half percent (212%) renewal and replacement account has been
collected and disbursed in accordance with the terms of this Agreement.
SEC'T'ION XVI
J
DEC 7 1983
L\
DEC 7 1933c PACES
Escrow Charges
The Utility agrees to pay a fee in the amount of the currently
imposed contribution in aid of construction for each 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 water distribution mains or wastewater collection systems) as
provided for in Ordinance 80-21, Section 3, Part B. Utility further
agrees to pay a sum per ERC for water and wastewater plant capacity
charge, as each unit is completed as the future plant capacity charges
as provided for in Ordinance 80-22, Section 1 or according to the
Ordinances in effect at the time of the issuance of a certificate of
occupancy.
The County will establish separate interest bearing passbook for
the water and wastewater system and will deposit all escrow charges paid
for any and all connections in this franchise. The fees referenced in
this section are subject to the escalation provisions of Section XIV
contained herein, using the County factor established in Ordinance 80-21
and 80-22. The fees referenced in this Section shall always be
reasonable.
Throughout the term of this franchise, the Utility shall be
entitled to any and all interest which shall be paid annually on or
before September 30th of each year to the Utility. The Utility shall be
entitled to an accounting of said interest bearing account at any time
upon request made by it to the County.
(A) Should the County at any time within the ensuing seven (7)
years provide a water distribution system and/orwastewater collection
system and furnish water and/or wastewater services to individual
customers within the franchise territory, the sums of money remaining in
said account consisting of plant capacity charges and contributions in
aid of construction charges shall become the absolute property of the
County and the Utility shall have no rights thereto. In such event, the
Utility shall be absolved from the obligation of payment of further
connection charges to the County. In the event the above condition is
not met by the County within seven (7) years from the date of this
franchise agreement, the County shall have the following options:
(1) Extend the franchise with all escrowed monies paid to the
Utility and further escrows discontinued.
(2) The County shall have the right to purchase the Utility's water
and/or wastewater plant at Utility's original construction costs plus
costs associated with capital additions and expansions to the system
less three and one-half percent (312A) 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 water
and/or wastewater system as provided in Section VI. In conjunction with
the water and/or wastewater plants purchase, the County shall also
purchase necessary land areas upon which the plant is located at the
10
M
then fair market value of the real estate. Upon acquisition of the
water and/or wastewater plant and appurtenant real estate, the County
would then own the entire water and/or wastewater system and would
terminate this franchise and provide water and/or wastewater utility
service to the franchise territory. All accumulated escrow fees would
vest in the County.
(3) In the event that the above condition (2) is not exercised by
the County within seven (7) years from the date of this franchise
agreement, any sums of money remaining in the escrow account shall
become the absolute property of the Utility and the County shall allow
the Utility 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 (7) year period, the
County shall purchase according to the same formula in this
sub -paragraph (2) above except that the County shall be entitled to a
credit against the net purchase price payable by.the County to the
Utility 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 (7) year period referenced therein not have
lapsed.
(5) In the event of an acquisition by the County, or the
utilization of the County's own plants, the County shall receive the
water distribution and/or wastewater collection system free of cost and
in good repair, wear and tear excepted. The Utility agrees to grant to
the County any easements necessary to connect the water and/or
wastewater system to the County's water/wastewater systems without
charge. The Utility shall pay all required fees upon acquisition or
upon connection to County's own plants. Upon connection to County's
system, Utility may utilize any escrowed monies for the purpose of
payment to the County for impact or connection fees.
SECTION XVII
-V a r• .1-4 Di. •GOA+
Two and one half percent (220) of the operating cost of the Utility
shall be placed in an interest bearing renewal and replacement account
for purposes of renewal and/or replacement of the capital assets of the
water and/or wastewater system of the Utility. Additionally, the
Utility shall initially fund said account with two thousand dollars
($2,000) which will also be reserved for capital maintenance items.
Interest shall accumulate in said account until the account reaches ten
thousand dollars ($10,000); thereafter interest shall be paid to the
{
Utility annually. Said funds shall be used as a sinking fund and
applied only for renewal and/or replacement of the water and/or
11
{ DEC 7 1983 rAc�
DEC '7 1933 I
etc rAs.E 571
wastewater system by the Utility as the need arises; the percentage
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.
The County is granted the right to make necessary repairs using said
funds in the event of default on the part of the Utility in maintaining
the quality standards established herein. In the event the County
exercises its rights under (2), (4) or (5) above, said fund shall vest
in the 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 XVIII
The Utility shall at all times maintain public liability and
property damage insurance in such amounts as set forth in Exhibit "C"
attached hereto and incorporated herein by reference. The Utility shall
cause the County to be duly notified by the insurer 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 Utility, 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 Utility.
SECTION XIX
CONSUMER COMPLAINTS
If any written complaint is filed with the Board by any persons
serviced by the Utility under this franchise, the Board shall first
determine whether reasonable cause exists with respect to said
complaint. If the Board finds reasonable cause does exist, the Board
shall so notify the Utility and request the Utility to satisfy or remedy
such complaint. If the Utility fails, within a reasonable time, to
satisfy or remedy such complaint or objection, the Board may review same
according to the provisions hereof. If the Board enters its order
pursuant to such hearing and the Utility feels it is aggrieved by such
order, the Utility may seek review of the Board's action by petition for
Writ of Certiorari filed in the Circuit Court of the County; othezwise
the Utility shall promptly comply with the order of the Board.
SECTION XX
Should the Utility desire to establish rates and charges or should
the Utility desire to increase any charges heretofore established and
12
� � r
approved by the Board, then the Utility shall notify the Board in
writing, setting forth the schedule of rates and charges which it
proposes. The Utility 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 the 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 the Board. Said hearing
may thereafter be continued for a reasonable time as determined by the
Board. If the Board enters an order pursuant to such hearing and the
Utility feels aggrieved by such order, then Utility 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 following the public hearing.
- cFr�r+Tr�T xxr _
CONSTRUCTION PERMITS
Prior to the Utility placing any of its facilities in any of the
public places as herein authorized, the Utility shall make application
to and obtain any required permits from the County authorizing said
construction in the same manner as permits are authorized in the County
for the use of the public roads as shall now or hereafter be established
by regulations of the County. The County shall have the right when
special circumstances exist to determine the time during which such
construction shall be done.
SECTION MII
DEFAULT OF FRANCHISE
If the Utility fails or refuses to promptly faithfully keep,
perform and abide by each and all of the terms and conditions of this
franchise, then the Board shall give the Utility written notice of such
deficiencies or defaults and a reasonable time within which the Utility
shall remedy the same, which notice shall specify the deficiency or
default. If the Utility 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 Utility, and
after such hearing at which all interested parties shall be heard, the
Board may levy liquidated damages of no less than fifty dollars ($50)
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 are found by the
Board. If the Board enters an order pursuant to such hearing and the
Utility feels aggrieved by any such order, the Utility may seek review
13
'p79
C 7 193 etc 9 PACE
DEC 7 1933 B � 5 FACE57
of the Board's action by filing a petition for Writ of Certiorari in the
Circuit Court of the.County.
SECTION XXIII
RIGHTS OF LANDOWNERS
Nothing in this franchise shall prevent landowners from exercising
their vested rights or privileges as set forth and contained in any
license issued to any utility heretofore granted by the Board pursuant
to Section 125.42, Florida Statutes.
SECTION XXIV
It is specifically agreed by and between the parties hereto that
this franchise shall be considered a franchise agreement between the
Utility and the County and as such a contractural 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.
tisdU W NAMMP&-r4,fi
NON-PERFORMANCE
Provisions herein to the contrary notwithstanding, the Utility
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 beyond the
Utility's control, including, without limitation, causes such as "Acts
of God", unavoidable casualties, labor disputes, etc.
SECTION XXVI
INTENT OF FRANCHISE AREA -
The franchise area is intended to be developed as a condcminum
development with a condominum association organized pursuant to chapter
718, Florida. Statutes. Anything herein to the contrary notwithstanding,
the Board agrees that the Utility 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 XXVII
EXHCUTION OF FRANCHISE
If any word, sections, clause or part of this.resolution is held
invalid, such portion shall be deemed a separate and independent part
and the same shall not invalidate the remainder.
14
M M
IN WITNESS WHEREOF, The Board of County Commissioners of Indian
.River County, Florida has caused this franchise to be executed in the
name of the County of Indian River by the Chairman of the Board of
County Commissioners and its seal to be affixed and attested by its
Clerk, all pursuant to the resolution of the Board of County
Commissioners adopted on the 7th day of DE cemb er , 1983.
Signed, sealed and delivered
in the presence of:
0
Approved form
and lege s
B.
ar . Brandenbu
C illy Attorn
•• • � it �• • • u
Byu
Richard N. Bird, Chairman
Board of County Commissioners
Attest: C?��
Clefgo'
.0.C.
MYRTARFAME
LYNNIEE DEVELOPMENT CORPORATION, a Florida corporation, 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 "�J� day
of Dnmtpr, 1983.
WITNESS:
STATE OF FLORIDA
•• • r it �•
LYNNLEE DEVELOPMENT CORPORATTU
By
L,'��td �11�
George Childers, Pres3ddnt
I HEREBY CERTIFY that on this day, before me, an officer duly
authorized in the State and County aforesaid to take acknowledgements, -
personally appeared GEORGE CHILDERS, as President of LYNNLEE DEVELOPMENT
CORPORATION, a Florida Corporation, and he acknowledged before me that
he executed the foregoing instrument for the uses and purposes therein
expressed.
15
DEC 7 1983 ®#X PACE �q"
J
-DEC 71983 s c5.5 rA6E'5
WITNESS my hand and official seal in the State and County aforesaid
this /rot day ofJ''r? ,1 r- , 1983.
Notary Public, State of Florida at Large
My Commission expires:
16
REVISIONS
14
O EXHIBIT "A"
CCL CONSULTANTS. INC. i
ENGINEERS • SURVEYORS • PLANNERS
POMPANO BEACH OFFICE VERO BEACH OFFICE
440 East Sample Road P.O. Box 4124
Suite 201, 33064 Beach Station, 32960
(305) 786-1901 (305) 231-4127
2/s/ ST.
Zofh
MOTE
,41I easements to be dedicated
after C01761'rZlCti0r7.
DATE BY
W �9UJ IBYAWN�.L.L.
/ U
t
CHECKED y O
B Y C �•_ y Z J
EXHIBIT "B"
PINE CREEK WATER AND SEWER PLANT
OPERATING AND MAINTENANCE COSTS
ITEM
I. OPERATING AND MAINTENANCE (Water)
A. Electrical
B. Testing
C. Maintenance
D. Plant Operator
II. OPERATING AND MAINTENANCE (Sewer)
A. Electrical
B. Testing
C. Maintenance
D. Plant Operator
MONTHLY COST
RENEWAL AND REPLACEMENT (2 1/2%)
FRANCHISE FEE (6%)
TOTAL MONTHLY COST
COST/UNIT
CCL CONSULTANTS, INC.
BaoK 5 FA6E X577
MONTHLY RATE
$ 350.00
100.00
200.00
500.00
300.00
100.00
200.00
$2,250.00
56.25
$2,441.25
$46.95/month
r
NAME AND ADDRESS OF AGENCY
B y, Inc.
P.O. Box 220
Vero Beach, Fl. 32960
AND ADDRESS OF INSURED
CCI~iARaA1d8ES AFft3ftD1
I'�
COMPANY U.S. Fia*- lty & ____
LETTER V n�.e• rrnn�
'
COMPANY "`'"
LETTER 24`
'•` lq� t C t m
r
i-"• W .L
COMPANY + 0
LETTER
1
P.O. B= 1D3
i �FRSONAL INJURY
S
COMPANY
} BODILY INJURY
Vero Beach, Fl. 32960
LE rTER
y., t/++
At m: Geo Childers
CO
LET ERNY
This is to certify that policies of insurance listed below have been issued to the insured named above and are in force at this time. Notwlthstandin
of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies I
terms, exclusions and conditions of such policies.
❑_ OWNED
COMPANY
TYPE OF INSURANCE POLICY NUMBER
oLI r
F.�MRATION DATE
-
LimitsofLia
i U HIRED
GENERAL LIABILITY
S i t
I , ❑ NON -OWNED I
; ODIL/ 1N 1j
I RY AP,D
s
OMPREHENSIVE FORM
10 /'t/8A
BODILY INJURY
1M 012235124
•L / i 't
-
I
U PREMISES—OPERATIONS
SGD'Lt I !:TRV ANO
{
l
UMBRELLA FORM
,—,
rkOPE�+i Y DAMAGE
-
_) 'Tt,EP THAN UVHREL La
PROPERTY DAMAGE
❑ EXPLOSION AND COLLAPSE
i
HAZARD
❑
UNDERGROUND HAZARD
❑ PRODUCTS;COMPLETED
}
HAZARD
{
BODILY IN;URY AND
❑OFERATIONS
UONTRACTUAL !NSUP.ANCE
t
PROPERTY DAMAGE
❑ BROAD FORM PROPERrY
+
}
I
COMBINED
DAMAGE
❑
1
INDEPENDENT CONTRACTORS`
❑ PERSONAL INJURY
1
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requirement, term or condition :
bed herein is subject to all the
y in Thousands (0 a)
`ACH AGGREGATE
OCCURRENCE,
i
$1, 000 !f S1,000
=
I t
V1'ORKenS'5:W0PEP4SATf Gfq1 h --
a n a,
EMPLOYERS' LIABILITY I
OTHER � -----
I
DESCRIPTION OF OPERA QNS'LQ:
Additicnal Insured: IncU II River Cot mty
.__ �__. - � �,o•.y,��^. '-now aro
F id ?v Vow
i
n
Cancellation: Shouid ..r"✓GogCari/� nc-e i8' 0"_ ',h9 CC i!_iTion date
;-,3nv i ? n!' .-:]'i -10—?—d 4$(i;�".. it' ,±G1d2T. ;J jt t
1'nai ..Lit- I .. ;c ,l, r r. , .; re
' 7:1 P tr :i.'f. :.3i HJT 1
*Indim Tt�,� ^R�Z.�%� L.tiJfr{ii '..i; F •. fit �'..:-: B�1JQ1[ -� ler Agency, Im.
Ui litres Dept.. ---
1840 - 25th St. c
Vero Beach, Fl. 32960 E
-- Attn: Joyce Hmdltm
?. rr+^«s• re5'�n+q'°9;q�"��y'-as . F a'��•'� -4 Br. .- - f rr<s---v s -v ,- .¢ .- ^-� �.r ��.. �'i� " .r^
�.i'�r��-a..:� n.,a..v..., ��...r �"�f_:m:,`+.s:-,ci:=���,...��.'i�-=> ac,�:8'^�`___. _x•ima E_nc+s.:..�=..,ss�s� �- < v. .a.�.�-�.4' ,eu�,..i.a-,�*.....,��� _,... i�c�,7 ,a4.�s'�.s'�;...-_. _,-. >.... __.m_,�. _ ...-s: ..-v?
79
DEC 7 1983 55 W15 78 @Q{tK
1
i �FRSONAL INJURY
S
AUTOMOBILE LIABILITY
} BODILY INJURY
EACH PEPS01
❑ COMPREHENSIVE FORD -
i BODILY INJURY
$ *4
01
❑_ OWNED
} I -EACH ACCIDENT)
�T s
i U HIRED
I } FZ•71'F?r D :DIAD=
S i t
I , ❑ NON -OWNED I
; ODIL/ 1N 1j
I RY AP,D
s
EXCESS LIABILITY
-
I
171
SGD'Lt I !:TRV ANO
{
l
UMBRELLA FORM
,—,
rkOPE�+i Y DAMAGE
-
_) 'Tt,EP THAN UVHREL La
i
V1'ORKenS'5:W0PEP4SATf Gfq1 h --
a n a,
EMPLOYERS' LIABILITY I
OTHER � -----
I
DESCRIPTION OF OPERA QNS'LQ:
Additicnal Insured: IncU II River Cot mty
.__ �__. - � �,o•.y,��^. '-now aro
F id ?v Vow
i
n
Cancellation: Shouid ..r"✓GogCari/� nc-e i8' 0"_ ',h9 CC i!_iTion date
;-,3nv i ? n!' .-:]'i -10—?—d 4$(i;�".. it' ,±G1d2T. ;J jt t
1'nai ..Lit- I .. ;c ,l, r r. , .; re
' 7:1 P tr :i.'f. :.3i HJT 1
*Indim Tt�,� ^R�Z.�%� L.tiJfr{ii '..i; F •. fit �'..:-: B�1JQ1[ -� ler Agency, Im.
Ui litres Dept.. ---
1840 - 25th St. c
Vero Beach, Fl. 32960 E
-- Attn: Joyce Hmdltm
?. rr+^«s• re5'�n+q'°9;q�"��y'-as . F a'��•'� -4 Br. .- - f rr<s---v s -v ,- .¢ .- ^-� �.r ��.. �'i� " .r^
�.i'�r��-a..:� n.,a..v..., ��...r �"�f_:m:,`+.s:-,ci:=���,...��.'i�-=> ac,�:8'^�`___. _x•ima E_nc+s.:..�=..,ss�s� �- < v. .a.�.�-�.4' ,eu�,..i.a-,�*.....,��� _,... i�c�,7 ,a4.�s'�.s'�;...-_. _,-. >.... __.m_,�. _ ...-s: ..-v?
79
DEC 7 1983 55 W15 78 @Q{tK
DEC 7 1993 60,0K 5-5 FACE
The Board of County Commissioners thereupon recessed at
12:00 Noon for lunch and reconvened at 1:30 o'clock P.M.
with the same members present.
DISCUSSION RE JOHN'S ISLAND YOUNG PEOPLE USING THE NORTH
BEACH ACCESS FOR SUPERVISED NIGHTTIME ACTIVITIES
Chairman Bird reviewed the following request made by
Michael Rose and stated that, since Mr. Rose had to leave
the meeting, he would discuss this matter on his behalf.
CIST,;Ii;! TI i1IN' LIST
Adm- strz ar
.At:�G;;;a ' • r/'�
co
n o October 18, �C Harks
r. �cn f'
_ ComrnunI ty Dev.
JbOiN'IIS D PROPERTY OWNERS ASSOCIATIOlAes
en. � � ti ,�, tnaneeR*,,�.--�
Mr. D i c�other
Indian iv —6, unty
Board of Commissioners
Administration Building
1840 25th Street
Vero Beach, FL 32960
Dear Dick:
Over the years our John's Island community has had the pleasure of
experiencing an increase in our teen population, while at the same
time we have failed to become youth oriented at an equal pace.
In an attempt to correct these inequalities, we have plans for
more programs aimed at our younger members and have been
considering a Recreation Hall for them and their guests exclusive
use.
We would like to request a change in your Policy concerning
closing hours:.at the Beach Front Park adjacent to the area north
of John's Island.
On a prescheduled basis, we wish to open the park for controlled
beach parties. This Assocation will provide a Security Guard to
control parking and use. The County would be needed only to the
extent of granting permission for the after hours opening of
subject park..
To this end, if you would kindly place this matter on the agenda
for one of your Commission (and/or Park and Recreation) meetings,
I will be present to discuss it Further and answer any questions
which may develop.
Thank you for vour usual cooperation.
r -
Sincerely,'.
\1-1.k,— �,_
Michael L. Rose
General Manager
8(
Chairman Bird reported that the Parks & Recreation
Committee had felt this activity could be carried out on a
permit basis to be issued in each instance. Chairman Bird
felt it is well worth a try and noted that in the event it
didn't work out, we just wouldn't issue any further permits.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Wodtke, to accept
the recommendation of the parks & Recreation
Committee to permit activities as described
in the letter from Michael Rose dated Oct. 18,
1983, with proper cleanup and assurances of
supervision; this to be considered on a case
by case basis.
Commissioner Bowman wished to know who would be issuing
these permits, and Commissioner Wodtke believed it would be
Bill Cook, Supervisor of Parks.
Commissioner Wodtke then brought up the question of
alcohol as he felt the Minutes of the Parks & Recreation
Committee had indicated the possibility alcoholic beverages
would be allowed under controlled circumstances.
Chairman.Bird informed the Board that he had made it
clear that the County has rules forbidding the use of
alcohol in any of their parks and these rules would be
enforced.
Commissioner Wodtke noted that it is specified there
will be some security or supervision, but asked about law
enforcement, and the Administrator noted that this is
outside the jurisdiction of Indian River Shores.
Chairman Bird believed that the people behind this are
very much aware that they will be carefully observed.
81
DEC 7 19A3 8MK
55 two,
DEC 7 1983
The Administrator asked if this would apply to any
particular beach access or whether it would include the
Tracking Station Park.
Chairman Bird believed it will be only at the beach
access closest to John's Island. He felt that in the larger
park area they could lose control of the situation.
Commissioner Lyons pointed out that the recommendation
is for 90 days and also on a case by case basis.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
P
DISCUSSION RE TREASURE COAST REGIONAL PLANNING COUNCIL's
WETLANDS POLICY
Chairman Bird announced that he put this item on the
agenda in case anything productive came out of yesterday's
workshop. He now felt we should wait until we see the maps
being produced and hear the financial impact before going
into this in greater detail.
Commissioner Scurlock expressed concern as to how the
definition of wetlands might affect our agricultural people.
He believed we need to pay special attention to developing
of the definitions and how they are applied and be sure they
are positive for our community.
It was agreed that further action will be withheld
until additional information is received.
SOUTH COUNTY FIRE DISTRICT
The Board of County Commissioners thereupon recessed at
1:47 o'clock P.M. in order that the District Board of Fire
Commissioners of the South Indian River County Fire District
might convene. Said Minutes are being prepared separately.
The Board of County Commissioner reconvened at 2:05
o'clock P.M. with the same members present.
82
PUBLIC HEARING - ORDINANCE PROHIBITING SALVAGING FROM
TRANSFER STATIONS
The hour of 2:00 o'clock P.M. having passed, the Deputy
Clerk read the following Notice with Proof of Publication
attached, to -wit:
VERO BEACH PRESS -JOURNAL
Published Daily
Vero Beach, Indian River County, Florida
COUNTY OF INDIAN RIVER: STATE OF FLORIDA
Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath
says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published
at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being
a
i
in the matter of117d_(4z�
in the
Court, was pub-
lished in said newspaper in the issues of1-7, 19, 3
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 before thi f t� a of A. D. 19 �.
(Susi nager)
e ` d b
(Clea of the Ctrcuit-Eourt;lndian River County, Florida)
(SEAL)
NOTICE OF INTENT TO.CONSIDER
COUNTY ORDINANCE
The Board of County Commissioners of In-
dian River County will conduct a public hear-
ing on December 7, 1983, at 2:09 P.M. in the
Commission Chambers at the County Admin-
istration Building, 1840 25th Street, Vero
Beach. Florida, to consider adoption of an or-
dinance entitled:
AN ORDINANCE OF THE BOARD OF
COUNTY' COMMISSIONERS OF IN-
DIAN RIVER COUNTY, FLORIDA,
PROHIBITING THE SALVAGING OF
ITEMS FROM INDIAN RIVER COUNTY
TRANSFER STATIONS AND REQUIR-
ING THE POSTING OF NO SALVAG-
ING SIGNS; PROVIDING FOR PENAL-
TIES; INCORPORATION IN CODE;
SEVERABILITY; AND EFFECTIVE
DATE. .
If any person decides to appeal any deci-
sion made on the above matter, he/she will
need a record of the proceedings, and for
such purposes, he/she may need*to ensure
that a verbatim record of the proceedings is
made, which record includes the testimony in
evidence on which the appeal is based.
Nov. 17, 1983.
r.
Administrator Wright explained that the County has a
liability situation not only with the people who may get
hurt removing items from the dumpsters, but there are people
who actually climb in the containers and throw items out.
In addition, this creates a maintenance problem.
Commissioner Bowman agreed we may need an ordinance to
protect us in the liability situation, but believed it would
be unenforceable.
DEC 7 1983
M.
8G'QR 55 PAGE
�0
Cn
o
zcZ
m z� M
J
NOTICE OF INTENT TO.CONSIDER
COUNTY ORDINANCE
The Board of County Commissioners of In-
dian River County will conduct a public hear-
ing on December 7, 1983, at 2:09 P.M. in the
Commission Chambers at the County Admin-
istration Building, 1840 25th Street, Vero
Beach. Florida, to consider adoption of an or-
dinance entitled:
AN ORDINANCE OF THE BOARD OF
COUNTY' COMMISSIONERS OF IN-
DIAN RIVER COUNTY, FLORIDA,
PROHIBITING THE SALVAGING OF
ITEMS FROM INDIAN RIVER COUNTY
TRANSFER STATIONS AND REQUIR-
ING THE POSTING OF NO SALVAG-
ING SIGNS; PROVIDING FOR PENAL-
TIES; INCORPORATION IN CODE;
SEVERABILITY; AND EFFECTIVE
DATE. .
If any person decides to appeal any deci-
sion made on the above matter, he/she will
need a record of the proceedings, and for
such purposes, he/she may need*to ensure
that a verbatim record of the proceedings is
made, which record includes the testimony in
evidence on which the appeal is based.
Nov. 17, 1983.
r.
Administrator Wright explained that the County has a
liability situation not only with the people who may get
hurt removing items from the dumpsters, but there are people
who actually climb in the containers and throw items out.
In addition, this creates a maintenance problem.
Commissioner Bowman agreed we may need an ordinance to
protect us in the liability situation, but believed it would
be unenforceable.
DEC 7 1983
M.
8G'QR 55 PAGE
p E C 7 1993
55 rAcE .5-83
Attorney Brandenburg noted that each site will be
posted and in the event we do catch someone, he can be cited
for violations.
The Chairman 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 Lyons, SECONDED
by Commissioner Scurlock, the Board unani-
mously adopted Ordinance 83-45, prohibiting
salvaging of items from transfer stations.
84
ORDINANCE NO. 83- 45
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA, PROHIBITING THE
SALVAGING OF ITEMS FROM INDIAN RIVER COUNTY TRANSFER
STATIONS AND REQUIRING THE POSTING OF NO SALVAGING
SIGNS, PROVIDING FOR PENALTIES; INCORPORATION IN CODE;
SEVERABILITY; AND EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Indian
River County has recently been put on notice of certain salvaging
activities being conducted by members of the general public at the
County's various transfer stations, and
WHEREAS, it has been determined that such salvaging
activities constitute a hazard to those salvaging as well as' -to
the members of the general public using the transfer stations for
the purposes they were intended.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER"COUNTY, FLORIDA that:
SECTION 1
NO SALVAGING
It shall be illegal and subject to the punishment as
provided herein for any person or business entity to salvage
materials from any of the County owned and operated transfer
stations. For the purposes of this ordinance "salvaging" shall
mean the removal of any item from, or sorting through items in a
transfer station site after they have been deposited for
collection and disposal.
SECTION 2
DT.T,7AT-71TVL1
Any violation of the provisions of this ordinance shall
be subject to punishment by a fine not to exceed FIVE HUNDRED
DOLLARS ($500.00), or by imprisonment in County jail, not to
exceed sixty (60) days, or by both such fine and imprisonment.
Each day a violation continues after the violator has been
notified to cease the violation by an agent of the Board of County
Commissioners shall constitute a separate offense.
CVOMTnM I
INCORPORATION IN CODE
The provisions of this Ordinance shall be incorporated
into the County Code and the word "ordinance" may be changed to
-1-
DEC 7 1983
DEC 7 1983 PAGE„
�5
"section", "article", or other appropriate word, and the sections
of this ordinance may be renumbered or relettered to accomplish
such intentions.
OVOMTnm A
SEVERABILITY
If any section, part of a sentence, paragraph, phrase
or word of this Ordinance is for any reason held to be unconstitu-
tional, inoperative or void, such holdings shall not affect the
remaining portions of this Ordinance; and it shall be construed to
have been the legislative intent to pass the ordinance without
such unconstitutional, invalid or inoperative part.
SECTION 5
EFFECTIVE DATE
The provisions of this ordinance shall become effective
upon receipt from the Florida Secretary of State of official
acknowledgment that this ordinance has been filed with the
Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida on this 7th day of
December 1983.
BOARD .OF COUNTY COMMISSIONERS
OF INDIA
41 RIVER COUNTY
By
RICHARD N. BIRD
Chairman
Acknowledgment by the Department of State of the State of Florida
this 12th day of December , 1983.
Effective Date: Acknowledgment from the Department of State
received on this 19th day of December , 1983, at 11.00
A.M./P.M. and filed in the Office of the Clerk of the Board of
County Commissioners of Indian River County, Florida.
APPROVED
LEGAL SO
By
M. BRANDENBVRG, County Attorney
Commissioner Scurlock expressed concern about using up
the Landfill area by dumping of clean fill, such as hibiscus
or cabbage palm trimmings, in with the dirty garbage. He
felt there should be an alternative developed for this type
of refuse such as a composting pit or a separate area.of
some type.
this.
Utilities Director Pinto stated that he will look into
Commissioner Lyons noted that he still sees a lot of
trucks heading north with material that should go to the
Landfill and felt we should have more enforcement going on.
Commissioner Bowman believed the day isn't too far away
when we are going to need a North County landfill and also
provisions for septic pump -out.
DISCUSSION RE CHANGE OF OWNERSHIP - FRIZZELL ARCHITECTS
Administrator Wright reviewed the following letter from
Pierce Dorsey Rohrdanz/Architects:
PIERCE DORSEY ROHRDANZ ARCI- ITECT% INC
Mr. Mike Wright, County Administrator C\1
INDIAN RIVER COUNTY
ti
1849 25th Street
Vero Beach, Florida 32960
RE: Indian River CuunLy-Justice C umplex
Dear Mr. Wright:
Confirming our meeting with you, Commissioner Pat Lyons
and Jim Davis on Wednesday, 2 November 1983, please be
advised that PIERCE DORSEY ROHR DANZ/ARCHITECTS,
INC. has purchased the Winter Park office of W. R.
FRIZZELL ARCHITECTS, INC. As we indicated, we will
continue to serve Indian River County in our same capacity
and represent FRIZZELL ARCHITECTS as their agents
through the completion of your project.
The change in the Winter Park office name will have no
bearing on the Owner/Architect Agreement with FRIZZELL
ARCHITECTS. Key individuals and staff members will
87
DEC 7 1983 55
4-15
jn
200 Wes! Weibourne Avenue ��'�ie
ark,
Florida 32789
co
-
r
lit
November 7, 1983
��•;� 'ti
Mr. Mike Wright, County Administrator C\1
INDIAN RIVER COUNTY
ti
1849 25th Street
Vero Beach, Florida 32960
RE: Indian River CuunLy-Justice C umplex
Dear Mr. Wright:
Confirming our meeting with you, Commissioner Pat Lyons
and Jim Davis on Wednesday, 2 November 1983, please be
advised that PIERCE DORSEY ROHR DANZ/ARCHITECTS,
INC. has purchased the Winter Park office of W. R.
FRIZZELL ARCHITECTS, INC. As we indicated, we will
continue to serve Indian River County in our same capacity
and represent FRIZZELL ARCHITECTS as their agents
through the completion of your project.
The change in the Winter Park office name will have no
bearing on the Owner/Architect Agreement with FRIZZELL
ARCHITECTS. Key individuals and staff members will
87
DEC 7 1983 55
D E C 7 1983
remain unchanged as well as our obligation to provide
continuing service and continuity throughout this project.
Tom Pinkerton will provide on-going service through this
i office and is actively involved in the management and
direction of this project. Also, the Fort Myers FRIZZELL
staff will continue to provide engineering services as
originally intended. Again, service and continuity between
the two offices will remain as previously contracted.
On behalf of PIERCE DORSEY ROHR DANZ/ARCHITECTS,
INC., we :are ehthusiastically looking forward to a
successful completion of the Indian River County Justice
Complex in concert with FRIZZELL ARCHITECTS. At such
time as PDR has executed our final agreement with
FRIZZELL ARCHITECTS, we will forward a copy of those
contractual arrangements which pertain specifically to your -
project.
Please advise if we may answer any further questions the
County may have regarding the above.
Very truly yours,
PIERCE DORSEY ROHRDANZ/ARCHITECTS, INC.
-1am45. Dorsey, r. , AIA, RIBA
i Vice President
5 FACE 58.7
Administrator Wright commented that when we originally
entered into a contract with Frizzell, we were dealing with
the office in Winter Park. The people in that office now
have bought out Frizzell's interest. It actually is the
same principals, just a different name. The Administrator
believed that Commissioner Lyons is concerned that we
01
originally contracted with Frizzell on the basis of his name
and reliability and would like some statement from Frizzell
about their reputation.
Attorney Brandenburg stated that he would be glad to
write them a letter and set forth the County's position,
i.e., that our contract is with Frizzell Architects and we
will not consent town assignment to another organization.
Administrator commented that they probably will
subcontract, and he agreed we want to keep Frizzell
responsible.
8�
I
Commissioner Lyons stressed that the Jail Committee did
a great deal of research before they chose Frizzell
Architects, and he wants the liability established.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bowman, the Board unanimously
authorized Attorney Brandenburg to express
our concerns as above and ask for a statement
from Frizzell indicating their position.
STEEL POLE RELOCATION - EXTENSION OF 8TH STREET
The Administrator reviewed the following memo and
attachment:
TO: The Honorable Members of-- DATE: December 5, 1983 FILE:
the Board of County Commissioners _
SUBJECT: STEEL POLE RELOCATION
I
FROM: Michael Wright REFERENCES:
County Administrato
Attached is a City of Vero Beach memorandum detailing
the cost of the steel pole relocation necessary for the
extension of -8th Street at U.S.#1. The City has maintained
the position that the County should be responsible for relo-
cating the pole since the pole existed prior to the road
right-of-way being purchased.
In cases where the City erected poles in an existing
right-of-way and it became necessary for the poles to be
moved., the City assumed all costs. An example of this policy
is the pole relocations on 16th Street. The City also has
agreed to relocate the steel poles on 12th Street between
U.S.#1 and 6th Avenue when the street is widened.
I recommend the bill be paid and there are sufficient
funds in the project to absorb the expense.
:•
DEC 7 1983 oxx 55 PnE 56g
DEC 7 19
I
DEPARTMENTAL CORRESPONDEN
�?�• �� '`' ` `®J Nave
DATE
J :(
L �
SUBJECT STEEL POLE RELOCA,70N, .►UtS�#3�'TD 8t1� STREET
� J
M .�
f i Cit ' E
Mana
To Mr. J. V. Little DEPT y g
r
FROM F. H. _Call ��� ��~�� DEPT Electrical
5-5 PACE 589
Bids were opened October 20, 1983 for installation of the embedded
section of the steel pole to be relocated at the intersection of US#1
and 8th Street. The bid also includes the removal of the existing
embedded section.
The low bidder is Power Systems Construction Company, Inc., located
in Jacksonville Beach, FL, in the amount of $33,940.00.- After the
bids were opened, we negotiated with Howell Brantley and he reduced
his price to $31,900.00, per the attached letter dated November 15, '83.
I recommend we accept Power Systems Construction Company's bid based
on the negotiated price of $31,900.00. Please place this on the. City
Council agenda of December 6, 1983.
Our original estimate to perform all work associated with the reloca-
tion was $39,890.00 as outlined in a letter to Jim Davis, I.R. County
Public Works Director, dated January 4, 1983. The revised cost is as
follows:
Material and Freight $ 7,645.00
Contract for Installation and
Removal of Embedded Section 31,900.00
City Crews to Install Top Section,
Transfer and Associated Work 5,200.00
Black & Veatch Billing 291.00
TOTAL COST $45,036.00
Administrator Wright assured the Board that his
recommendation that the bill be paid comes to them after
numerous hours with the City and a good bit of -research by
our Attorney.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Lyons, to authorize
the payment of $45,036 for relocation -of the
steel pole at the intersection of US #1 and
8th Street as recommended by the Administrator.
Discussion ensued about the cost of the relocation, and
the Administrator pointed out that this is a freestanding
pole, and it is embedded 19' in the ground.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
DISCUSSION RE NEEDED ADDITIONS TO TELEPHONE SYSTEM
Dr. Hardin reviewed staff memo as follows:
TO: The Honorable Members of DATE: December S, 1983 FILE:
the Board of County Commissioners
THRU : C. B. Hardin, Jr. Ph. D. SUPS ECT: TELEPHONE SYSTEM
Asst. to County Administrator
GENERAL SERVICES DIVISION
OM: Ly n Wi�_�)J&
lliams, sept. REFERENCES:
B ilding $ Grounds Department
At the November 17, 1983 meeting of the.Board of County
Commissioners,staff was directed to carefully examine the
existing telephone system for solutions to inward calling 'and
busy trunk conditions.
DESCRIPTION AND CONDITIONS
The existing system was installed during the renovation
projects of the Courthouse and Administration Buildings. Upon
occupancy of the Administration Building on January 4, 1982, 164
extensions were installed. Over a period of slightly.less than
two years, the number of extensions, including the Courthous6,
now totals 247. The addition of the Courthouse Building Department
and Civil Defense has accounted for the major portion of.this growth..
ALTERNATIVES AND ANALYSIS
In-house studies of the traffic generated by and to our
system along with consultation with Bell System representatives,
disclosed that additional trunks, both incoming and outgoing are
needed.
The dimension system is designed for growth of 28 additional
trunks.
RECOMMENDATIONS
Staff recommends the addition of five trunks to be installed
as soon as possible. In-house studies, as well as a Bell provided
busy study will be reviewed to insure this number is adequate,
after installation.
91 mu; 5,9 .
L_
DEC 7 1983
.DEC 7 1983
BOOK 55 PACE5,91
Dr. Hardin noted that we have increased the trunk lines
by 83 extensions. He continued that within the last week,
staff has made their own survey of the phone system and have
come up with a total count of 1,617 incoming calls on a
Monday with about 1,530 outgoing; this does not include
transfer calls. With the breakup of the Bell System, it is
necessary to ask the Board to approve an agreement before
the company will even talk to us about putting on
extensions, and staff feels another five trunks are needed.
Commissioner Scurlock asked about private systems since
apparently we are in a competitive marketplace again.
The Administrator pointed out that our present contract
is under a lease/purchase agreement and we have a service
agreement.
Commissioner Lyons explained that it is necessary to
add equipment to accommodate the additional trunks and since
the telephone company is no longer in that part of the
business, we have to have an agreement with AT&T. This
apparently will involve a one time charge of about $606.00
and a monthly charge of about $100.00. Commissioner Lyons
agreed that when we get to the end of our contract on the
switchboard, we probably should take another look around the
marketp]ace, but in the meantime, we need an agreement with
AT&T to provide service.
MOTION WAS MADE by Commissioner Lyons, SECONDED
by Commissioner Scurlock, to adopt Resolution
83-121 authorizing execution of a Master Service/
Purchase Agreement between the County and AT&T
Information systems, Inc.
Chairman Bird asked on what basis it was determined
that an additional five trunk lines will satisfy the
problem.
92
Dr. Hardin stated that the recommendation to go from 28
trunks to 33 was based on the past history of our volume of
calls, and this did not include the SunCom calls.
Commissioner Wodtke asked if the Service/Purchase
Agreement ties us in to having to utilize this new system
for a certain period of time and would prevent us from
looking into other providers.
Attorney Brandenburg did not know if there is any set
period of time, but noted that this is a master agreement -
if it is decided to make any purchases subsequent to this
date, it could be done by another purchase order. The
County is under no obligation to buy from them.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously
93
D E C 7 1993
-DEC 7 1983
QXK 5: 593
RESOLUTION NO. 83- 121
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA AUTHORIZING THE
EXECUTION OF A MASTER SERVICE/PURCHASE AGREEMENT
BETWEEN THE COUNTY AND AT&T INFORMATION SYSTEMS,
INC.
WHEREAS, AT&T Information Systems, Inc., requires that
the County enter into a master agreement setting forth terms and
conditions governing any purchase order or service order for
communications and information -systems, products and services in
use or to be acquired by the County; and
WHEREAS, the attached master service/purchase
agreement sets forth reasonable and appropriate terms and
conditions which the Board finds to be acceptable;
WHEREAS, the attached agreement does not obligate the
County to deal exclusively with one supplier, but rather puts in
place a master agreement to govern all subsequently executed
service or purchase orders with this supplier.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the agreement
attached hereto is approved and the Chairman and Clerk are
authorized to execute and deliver same to AT&T Information
Systems, Inc. for their acceptance and approval.
The foregoing resolution was offered by Commissioner
Lyons who moved its adoption. The motion was seconded
by Commissioner Scurlock 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 7th day of December , 1983.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
-
.. - By
RICHARD N. BIRD
Chairman
Attest: ,
A WRIGHT
Clerk
APPROVED,4S TO FORM
AND LE UFF IENCY
By
C IS `$ER J. PAULL
=stant County Attorney
Contract No. A 0 0 0 6 7 9 5 2
SERVICE/PURCHASE AGREEMENTt....
AT&T INFORMATION SYSTEMS, -INC r
(F/R/A'=t�"" Bell Inc' ("ABI") any ref erence to
"ABI" herein shall mean AT&T Information
Address
Customer Name INDIAN RIVER COUNTY.Cusromer")
a political subdivision of the State
Address of Florida
1840 25th Street ; ; - :1. -
Vero Beach, Florida 32960
ABI and Customer agree that the following terms and conditions will
B. ABI will provide, at no extra charge, such training, instruc-
apply to any order under this Agreement for the provision or sale of
conal material and other support services as is standard for the
products and services to Customer by ABI.
product or service ordered. Additional training, instructional
L COVERAGE
material and support services may be available for an additional
ABI will provide for Customer's use the communications and :
charge.
information systems products and services set forth in any Ser-
C. Customer agrees to use the products and perform any
vice Agreement Equipment Supplement or other service order
authorized installation and maintenance on the products in a
j and will sell the products set forth in any Purchase Agreement
careful and proper manner and in accordance with any manuals
Equipment Supplement or other purchase order. Title to
and instructions provided by ABI. Customer will not perform,
software and other programs used with the products shall remain
or permit others to perform, any installation or maintenance un -
with ABI or its suppliers. All orders placed by Customer and
less it is expressly authorized by ABI and will pay the cost of
accepted by ABI will become an integral part of this Agreement.
repairs necessitated by unauthorized work.
D. The products shall be used by Customer only at the lova-.
2. TERM
tion(s) specified in the Service Agreement Equipment Supple -
A. This Agreement will become effective when signed by Cus-
ment or other service order and shall not be removed or relocated
tomer and subsequently accepted in writing by ABI and will con-
by Customer except as expressly authorized by ABI.
tine until terminated as provided herein. Any order under this
E. Customer will not make any modifications in the products
Agreement will be effective when placed by Customer and ac-
without the written permission of ABI. If, in the opinion of ABI,
cepted by ABI.
any modifications, whether or not made with the permission of
B. For products provided under a Service Agreement Equip-
ABI, interfere with the normal operation or maintenance of the
ment Supplement or other service order, the service period will
products or create a safety hazard, Customer will, at its expense,
begin the day following the date the product is installed, if in-
remove the modification or pay any additional costs ABI incurs
stalled by ABI, or on the day followingthe date of deliver to
Y
because of the modification.
Customer if not installed by ABI. Upon expiration of the service
E During the term of this Agreement, Customer shall permit
period, the order will be automatically renewed for a like period
ABI reasonable access to the products to enable ABI to perform
or for the next shorter period if the original one is not offered at
any necessary inspection, testing, maintenance or repair.
the time of renewal, unless written notice to the contrary is re-
ceived by either party from the other at least ninety (90) days
prior to the expiration of the service period. If the service period
S. SERVICE AGREEMENT UPGRADES, ADDITIONS AND
is less than ninety (90) days, thirty (30) days' notice will be re-
PAYMENT OPTIONS
quired. Renewals will be at the price and on the terms and condi-
A. The Service Agreement Appendix attached hereto and in -
tions of ABI then in effect at the time of renewal.
corporated by reference sets forth the terms and conditions upon
which upgrades and additions may be made to products provided
J. INSTALLATION
to Customer under service ofders.
A. ABI will install the products provided under a service or
B. The Service Agreement Appendix also sets forth certain
purchase order if installation charges are separately set forth on
Customer options with respect to changes in service periods and
the Equipment Supplement or other order. Customer agrees to
lump sum payment.
pay such charges. Customer agrees to provide the proper envi-
ronment and electrical and telecommunications connections as
6. PRICEANDPAYMENT
specified by ABI.
A. Service Orders. Products and services will be provided at
B. ABI will make reasonable efforts to complete installation/
the charges and for the period specified in the Service Agreement
delivery of the products or services by the installation/delivery
Equipment Supplement or other service order. Monthly charges
date set forth in the Equipment Supplement or other order and
will be billed in advance. One-time charges will be billed as in -
will notify Customer as soon as practicable of any delay. Cus-
curred. Payment is due within thirty (30) days of the invoice
tomer agrees to notify ABI as soon as practicable if Customer
date. When a product is installed for part of a month, the
requires postponement of the installation/ delivery date.
monthly charges will be prorated on the basis of a thirty (30) day
C. If ABI performs any moves or changes or other special ser-
month. A minimum of three (3) months' charges will apply on all
vices for Customer, Customer agrees to pay ABI's applicable
products initially provided on a month-to-month service period.
charges.
B. Purchase Orders. Products will be sold for the charges set
4. USE AND MAINTENANCE UNDER SERVICE ORDERS
forth on the Purchase Agreement Equipment Supplement or
other purchase order. Payment is due within thirty (30) days of
A. ABI will maintain in good workingorder during the service
the invoice date. Both new and used .products will be available
period products provided under Service Agreement Equipment
for sale. Products sold as new will qualify as new under existing
Supplements or other service orders.
Federal tax laws.
' ORIGINAL, r?"'Y
DEC 7 1983
55 wE 50
0 E C 7 1993
1. APPLIC.-1 Bi t' PRICE,
The Frices set forth on any Equipment Stlprlerneni of other or-
der are iho, ,e that will nppl; tier we scheduled ir,.tad.:n m/dch%-
cry date shown on tl::• ord:r. If ins:all:.pion' deliver- is post-
poned by Customer more that. th9 n•(30) Jaye, t: e pri << will be
shove in effect on the new installation,dethcr, date.
S. T.4XF-.S
Cu,,inmer agrees to pay any saics, use pr other local, elate and
Federal taxes, however designated (cxchiding iaxcs ua ABI's net
income), imposed on or based upon the pro%isioil, sale or use of
file products or services ptorided under ibis Agreement. Taxes
Will be separafely stair:'. on Cwionier's invoice or statement of
account.
9. SHIPAVENT
Ali shipping, rigging and other destination charges will he in-
voiced by ABI and paid by Cyuctomer.
10. TITLE AND RISK OF LOSS
A. Sen ice Orders.
I. All products provided under service orders will remain the
personal property of ABI whether or not attached to or
embedded in realty.
2. ABI will bear Che risk of loss or damage to the products,
except that Customer will he liable.to ABI for the cost of
repair or replacement of products lost or damaged as a result
Of any C'ustomer's neghgencr., intentional acts, unauthorized
inoitallation or maintenance or other cause within the reason-
able control of Customer, its employees or agents.
B. Purchase Orders.
1. For products not already in Customer's possession, title
shall pass to Customer on the date of shipment from ABI.
For products already in Customer's possession, title shall
Pass to Customer on the date Customer's order is accepted by
ABI.
2. For products not already in .Customer's possession, risk
of loss passes to Customer when the products are delivered to
Customer. ABI will bear the risk of loss to products while in
transit'to Customer. For products already in:Customer's pos-
session, risk of loss passes to Customer on the date Cus-
tomer's order is accepted by ABI.
11, SECURITY INTEREST
A. ABI or its assign shall have a purchase money security inter-
est in any and all products, together with all proceeds and re-
placements, sold or provided to Customer pursuant to each or-
der under this Agreement until all charges, including installation
charges set forth on that order are paid in full.
B. Customer agrees that ABI may file or record this Agree -
went. any orders placed hereunder and any other applicable doc-
ument as may be necessary to protect the interest of ABI or its
assign in the products. Customer agrees to execute and deliver
any documents reasonably requested by ABI for such purpose.
11. HARRANrYAND IfARRANTYF-.VCLVSIOA'S
A. Service Order. ABI warrants that all products provided for
Customer's use under service orders will be in good working or-
der on the date their service period begins and that ABI will re-
pair the products, without charge for pat is and labor, if they fail
to work during the service period or any renewal service period.
B. Purchase Order.
1. ABI warrants that all products sold to Customer will be
in good working order on the date title passes to Customer,
and -that ABI will repair the products, without charge for
parts and labor, if they fail to work, if Customer notifies ABI
within one (1) year from the date title passes to Cu:.,t•,n_,r of
such failure. If ABI determines that the product cannot be
placed in good working order, ABI, at its option, may either
replace the product or refund the purchase price. Repair
parts may be new or equivalent to new in performance. They
wil be furnished on an exchange basis, and the returned
parts will become the property of ABI.
2. During the warranty period, Customer will advise ABI of
any change in the street address of the products. The war -
55 PACE L�j
rainy will only apply to products located within the conicrmi-
nous form -eight (0) United States.
3. If Customer mod?fits ary product dutin^ the t.arram}
period and such modification impede. ALT, tc�itrc o- n• -
pairs of the product of creates a safety ha. arJ, t)tr modific.,
tion will be removed at Customer's expeme, or Customer 1%J;
pay any extra costs Alli incurs becaucc of the moditicaron.
C. The warranties providel herein do not cover dama"--, de-
fects, malfunctions er wi- ice failures caused by:
I. Customer's failure to follow ABI's installatkin. opera-
tion or maintenance instructions:
I. Customer's modi,tcrtions of the pm":ucts;
3. Customer's abuse, misuse or negligent acts. and
4. As to sold products only, power failure or surges. fir,.
flood, accident, actions of third panics and other events out-
side ABI's control.
1). .EXCEPT AS SPECIFICALLY MADE HEREIN, ABI
AND ITS AFFiLiATED SUBCONTRACTORS AND SUP-
PLIERS MAKE NO WARRANTIES, EXPRESS OR B11 -
PLIED, AND SPECIFICALLY DISCLAIM ANY VAR-
RANTY OF MERCHANTABiLITY OR FiTNESS FOR A
PARTICULAR PURPOSE.
1?. P.4TE.'1'T ANI) C'OPYRiG1IT L'VDEAf,'1'IT)'
ABI will defend or settle, at its own expense, any action brought
against Customer to the extent that it is based on a claim that any
product(s) provided by ABI pursuant to this Agreement infringe
any U.S. copyright or patent; and ABI will pay those costs, dam-
ages and attorneys' fees finally awarded against Customer in any
such action attributable to any such claim, but such defense, set-
tlements and payments are conditioned on the following: (I)that
ABI shall be notified prompily in writing by Customer of any
such claim: (2)that ABI shall have sole control of the defense of
any action on such claim and of all negotiations for its settlement
or compromise. (3)that Customer shall cooperate with ABi in a
reasonable way to facilitate the settlement or defense of such
claim; (4)that such claim does not arise from the use or combina-
tion of products provided by ABI with products provided by
others; and (5)should such product(s) become, or in ABI's opin-
ion be likely to become, the subject of such claim of infringe-
ment, then Customer shall fi^i'mit ABI, at ABI's option and ex-
pense, either to (a) procure for Customer the right to continue
using the product(s), or (b) replace or modify the same so that it
becomes noninfringing and functionally equivalent, or (c) upor
failure of (a) and (b) above despite the reasonable efforts of
ABI, for a sold product, buy back the products) at the Cus-
Comer's purcha,e price, less depreciation calculated at an equal
amount per year over the life of the product as set by ABI: or for
a product provided under a service order, terminate without pen-
rJty Customer's use of the proditc110. This Section states the en-
tire liability of ABI with respect to the infrinccment of copy-
rights'and patents by the products provided limeunder nr the
operation thereof.
14. SOF7W;4REAND OTHER LVFORAI,4TIOV
Any and all documentation, information and software owned by
ABI and its suppliers and provided to Customer by ABI fur use
with products provided to Customer -under this Agreement ;hall
remain the property of ABI. ABI hereby grants Customer a per-
sonal, nontransferable and r;:nexclusive license to use ail such
documentation, technical information. confidential business in-
formation and all software and related documentation, in what-
ever form recorded (all hereinafter designated "information"),
which are furnished to Customer under or in contemplation of
this Agreement, subject to the following terms and conditions:
If. All such information shall retrain the property of ABI or its
supplier.
2. Such information:
(a) shall be used by Customer only to order or to evaluate
for that purpose ABI -products. or to install, operate, or
maintain the particulaii product for which it wits initially
furnished;
red, :�.G ? 4 'S3 •�� t. ..i1� •,jp
W shall be used solely for Customer's internal business
purposes;
(c) shall not be reproduced or copied, in whole or in part,
except as necessary for use as authorized herein; and
(d) shall, together with any copies thereof, be returned or
destroyed, or may, if in the form of software recorded on an
erasable storage medium, be erased when no longer needed
or permitted for use with the product for which it was ini-
tially furnished.
3. Unless ABI consents in writing, such information except for
any part thereof which is known to Customer free of any obliga-
tion to keep in confidence, or which becomes generally known to
the public through acts not attributable to Customer or is inde-
pendently developed by Customer, shall be treated in confidence
by Customer.
4. Such information may be disclosed to other persons, solely
for the purpose of installing; operating or maintaining the par-
ticular product for which it was furnished, provided such other
person agrees in writing to the same conditions respecting use
and confidentiality of information contained in this paragraph 14
and ABI is furnished with a copy of such writing.
IS. EXCLUSIVE REMEDIES
A. If Customer experiences a defect or any partial or total fail-
ure in any product or service provided under this Agreement,
Customer shall, as a condition to any claim for refund or recov-
ery of damages, promptly notify ABI.
B. If a failure or defect in a product under a service order con-
tinues for more than twenty-four (24) hours, Customer's account
then shall be credited in an amount equal to any recurring charge
applicable to the failed or defective products or services for the
period of such failure or defect.
C. Customer's sole remedies against ABI or any affiliated sub-
contractor or supplier for loss or damage caused by any product
defect or any partial or total failure of any product or service
provided under this Agreement or arising from the performance,
delays, or nonperformance of any installation, maintenance,
warranty or repair work under this Agreement; regardless of the
form of action, whether in contract, tort including negligence,
strict liability or otherwise, shall be, where applicable (i) Cus-
tomer's right to receive the repair or replacement service
described in Section 12, (ii) Customer's right to receive the credit
set forth in (B) above for products provided under service or-
ders, (iii) Customer's right to terminate under Section 17 (c), and
(iv) the lesser of (a)the amount of actual direct damages which
are proven or (b)the equivalent of one (1) month's recurring
charges for the products or services directly involved which
would apply if they were provided on a month-to-month service
agreement at the time of loss.
D. The foregoing remedies of Customer, together with the rem-
edies provided in the section entitled "Patent and Copyright In-
demnity," shall be exclusive of all other remedies at law or in
equity except for. Customer's right to claim damages for bodily
injury to any person caused by the negligence of ABI.
16. LIMITATIO,V OF LIAHIL/ TY
Notwithstanding any other provision of this Agreement:
1. Neither ABI nor its affiliates, subsidiaries, parent corpora-
tion, or any of its parent's affiliates or subsidiaries shall be liable
for any indirect. incidental, or consequential damages (including
lost profits) sustained or incurred in connection with installa-
tion, maintenance or repair work perforated under this Agree-
ment or the use or operation of the products and services pro-
vidcd or sold hereunder•, r"ardless of the form of action,
whether in contract, tort including negligence, strict liability or
otherwise, and whether or not uch damages were foreseen or
urtorescen:
2. '.either Afll nor its affiliates. subsidiaries, parent corpora -
:ion. or any of its parent's affiliates or subsidiaries shall be liable
in any way for delay, failure in performance, loss or damaee due
to any of the following force majcure a 11,hEions: fire, strike.
embar¢o, e%ploston, power biackout, earthquake, volcanic ac-
tion, ilood, wit, water, the elements. labor disputes, civil distur-
bances, government requirement. civil or mtiitary authorir:. ,is
of God or public enemy, irtabtltr' to secure raw matertats, inabtl-
OEC .7 193
t
ity to secure products, transportation facilities, acts or omissions
of carriers, or other causes beyond its reasonable control,
whether or not similar to the foregoing;
3. ABI shall not be liable for any delay, loss, damage or prod-
uct failure attributable to any service, equipment or actions of
any person other than ABI, its employees and agents;
4. Any legal action arising from or in corinection with (a)any
product defect or any partial or total failure in any product or
service provided to Customer, or (b)any installation, mainte-
nance or repair work performed for Customer, must be brought
within two (2) years after the cause of action arises; and
5. It is understood and agreed that ABI is not an insurer and
that the prices of the products and services, including installa-
tion, maintenance and repair, provided, sold or performed here-
under are based solely on their value and the scope of the liabili-
ties set forth in this Agreement and are unrelated to the potential
for indirect, incidental, consequential or other damages. ABI
and Customer agree that this allocation of risk and liability is
fair, reasonable and not unconscionable.
17, ?'ERMINATION
A. This Agreement and any service order which becomes part
of this Agreement may be terminated by Customer on thirty (30)
days' written notice to ABI. If termination precedes expiration
of the service period shown on any service order, Customer will
be liable for termination charges as follows: one-half (I!2) of the
monthly payments for the original term or 70 percent (7007a) of
the -sum of all remaining monthly payments, whichever is less. If
any service order is canceled prior to installation/delivery. Cus-
tomer will pay ABI for the costs incurred by ABI in preparing to
provide the products or services canceled, not to exceed the ter-
mination charges.
B. Accepted purchase orders for products, which are unde-
livered on the date of termination of this Agreement, shall be
filled under the terms of this Agrdement.
C. Customer may terminate this Agreement, subject to accrued
charges but without liability for termination charges, if ABI fails
to perform or observe any term or condition of this Agreement
and such failure shall continue unremedied for thirty (30) days
After ABI's receipt of notice thereof from Customer. ABI may
terminate this Agreement or any service orders 'or unfilled pur-
chase orders accepted hereunder, and Customer shall be in de-
fault of this Agreement, if Customer fails to pay any -charge
when due or fails to perform or observe any other term or condi-
tion of this Agreement and such failure shall continue unreme-
died for thirty (30) days after receipt of notice thereof from ABI.
In the event of such termination by ABI, applicable termination
charges under service orders will apply.
D. Upon termination of this Agreement or any service orders
hereunder. Customer will make the product un er a
affected service orders available for removal, which shall be ac-
complished in a careful and reasonably expeditious fashion. The
products will h: returned to ABI in the same condition as origi.
nally installed, ordinary wear and tear excepted, or Customer
will pay for file restoration of the products to such condition.
ABI shall not be obligated to restore the premises to their origi-
nal condit'ditt*`'If CtWotner does not make the products available
for rernov:d by ,.*Al,rthen 4U addition to all other remedies at law
or equity awiifat le to ABI all•ybligations of Customer under .his
Agreement shall remaui qn tot;s and effect until removal is ac
cumplished. td: charges paid 6y Customer for the services dur-
ing such per:ed slialt be ABPs then current charges for the ser
vices when provided on a month-to-month basis in lieu of any
other charges listed in the sir•ice order.
18. A.SS/G,VttfEVT
This Agreement is not assignable by either party without the
written consent of the other; except that ABI may, without Cus-
tomer's consent, assign this Agrcetnent :o an affiliate or subsidi.
ary or assign its right to receive payment hereunder.
00K 5'
D PAC:;
DEC 7 1983
19. SUBCONTRACTING
ABI may subcontract any or all of the work to be performed by
it under the terms and conditions of this Agreement but shall
retain responsibility for the work subcontracted.
20. GENERAL
A. Any supplement to or modification or waiver of any provi-
sion of this Agreement must be in writing and signed by author-
ized representatives of both parties; except that ABI may, upon
ninety (90) days prior written notice to Customer, modify the
terms and conditions of this Agreement, which modifications
shall be effective only as to renewals and new orders placed by
Customer and accepted by ABI after the effective date of such
modification. Variances from this Agreement in any Customer
order will be of no effect.
BOOK 55 rw,' 7
B. If any term or provision of this Agreement shall be held
invalid or unenforceable, the remainder of this Agreement shall
not be affected thereby and each term and provision hereof shall
be valid and enforced to the fullest extent permitted by law.
C. This Agreement shall be construed in accordance with and
governed by the laws of the State of Newlersey.
D. THIS IS THE ENTIRE AGREEMENT BETWEEN THE
PARTIES WITH RESPECT TO THE PRODUCTS AND SER-
VICES PROVIDED HEREUNDER AND SUPERSEDES. ALL
PRIOR AGREEMENTS, PROPOSALS OR UNDERSTAND-
INGS WHETHER WRITTEN OR ORAL. '
21. APPENDIX IRC -1 attached hereto and incorporated by reference sets
forth additional terns and conditions governing this service/purchase
agreement and specifically supersedes anything in the printed agreenent
to the contrary. References in the.Appendix are made to specific
paragraphs herein.
AT&T INFORMATION SYSTEMS, INC:
(f /k/a) AMERICAN BELL INC.
INDIAN RIVER COUNTY, a political
(Customer)
;ubdivision o%.� to ® F
By:
(Authorized Signature)
On:
Richard N. Bird
(Typed Name)
Received by:
Accepted by:
By:
(Authorized Signature)
(Typed Name)
(Title)
at:
(Address)
Chairman, Board of County Commissioners
(Title)
Attest: \
FREDA WRIGHT, CoERK
Approved as to form and
legal ency:
By:.
On:
(Date)
APPENDIX IRC --1
1. Therlast sentence in paragraph 2 (B), TERM, is hereby amended
to read as follows: Renewals will be at the price and on the
terms and conditions of ABI in effect as of thirty (30) days
prior to the last date for receipt by either party of a
written notice cancelling the renewal for any given service
order; in order to allow customer reasonable time within which
to make an informed decision as to cancellation versus auto-
matic renewal of the service order.
2. Notwithstanding paragraph 8, TAXES, customer shall not be
liable for payment of any tax from which it is otherwise
exempt by law.
3. With respect to termination of the agreement and in accordance
with paragraph 17 (D), TERMINATION, ABI shall take reasonable
efforts to restore any portion of customer's premises in a
good and workmanlike manner to the same or similar condition
existing immediately prior to removal of products provided
under a service order in those cases in which removal of the
products by ABI has resulted in damage or destruction of the
premises.
4. Contrary to paragraph 20 (C), GENERAL, this agreement shall be
construed in accordance with and governed by the laws of the
State of Florida.
5. The continuation or renewal of the term of any service order
placed hereunder shall be contingent upon the annual appro-
priation by the Board of County Commissioners of funds neces-
sary for payment'of all anticipated monthly charges for the
ensuing fiscal year, notwithstanding that the nominal term of
the service order may be for a period extending beyond the end
of any given fiscal year.
Book FACT
DEC 7 1983
DEC 7
SERVICE AGREEMENT APPENDIX
A. Definitions
L Upgrade. An upgrade is an enhancement to an in-
stalled system involving a major common equipment
and/or software substitution.
2. Addition. An addition is the provision of addi-
tional or supplementary equipment or software to an
installed system, not classified as an upgrade.
J. - Service Period. The service period is the term selec-
ted by Customer, from those offered by ABI, during
which a product or service is to be provided by ABI
at specified charges.
B. Classification
ABI will determine whether an approved service
modification constitutes an upgrade or an addition.
C. Upgrades
1. An upgrade may be requested at any time prior to
expiration of the service period.
2. An upgrade results in termination of the previously
installed service, and applicable termination charges
(if any) must be paid by Customer for any equipment
removed to effect the upgrade.
3. Customer must enter. into a new agreement with ABI
covering both the newly installed equipment and any
common equipment remaining from the original
system.
4. The terms and conditions of the new agreement (in-
cluding available service periods and charges) will be
those then currently offered by ABI, except that the
new agreement must have a service period longer
than one (1) month. Customer will not be required to
pay installation charges on any equipment remaining
from the original system.
D. Additions
1. Equipment can be added to an existing system at
Customer's option. ABI's then current charges will
apply to the addition(s).
2. If at least thirty (30) days remain in the existing sys-
tem's service period, Customer may elect to include
the addition(s) on the existing agreement and to pay
for the addition(s) over the remainder of the existing
system's service period. ABI's then current charges
for the addition(s) for that service period will be im-
posed; if ABT does not then offer that service period
for the addition(s), the charges for the addition(s)
will be those for the longest available service period
that is shorter than the existing system's service
period.
3. If less than thirty (30) days remain in the existing
system's service period, the addition(s) must be
placed on the one (1) month service period at the
then current rates and charges for that service
period.
BWK 5 PAGE 0599
4. Alternatively, Customer may select, from those then
made available by ABI, a service period equal to or
shorter than the time remaining in the existing sys-
tem's service period. If the payment period selected
for the addition(s) is shorter than the existing sys-
tem's service period, Customer must, upon expira-
tion of that shorter service period, either have the
addition(s) removed or select a new service period, in
accordance with paragraphs 2, 3 and 4 herein.
5. Termination charges will apply in the event of dis-
continuance of an addition prior to expiration of its
selected service period.
E. Changes in Service Period
1. Subsequent to the establishment of service for an
item of equipment or a system, Customer may re-
quest that the existing service period be replaced by
any other service period then offered by ABI_for the
item or system for which the request is made. ABI's
then current charges for the service period selected
will apply.
2. No credit will be given for payments made during the
original service period, but one-time charges will not
be reapplied.
3. Termination charges for the original service period
will apply if the new service period is shorter than the
remainder of the original service period.
4. In the case of a service period change for an item of
equipment, the new service period must be shorter
than the time remaining in the service period for the
system as a whole.
F. Lump Sum Payment
1. At any time, Customer may prepay the total out-
standing monthly charges to become due under Cus-
tomer's Agreement with ABI. Payment of less than
the total outstanding is not permitted.
2. For prepayment of six (6) or more monthly pay-
ments, the amount due will be reduced by an amount
equal to the total of the monthly charges remaining
multiplied by the product of the number of month -i
prepaid and a factor based on then current ABI dis-
count procedures.
3. Customers who change the length of a prepaid ser-
vice period will be credited any unused portion of the
prepayment, subject to applicable termination
charges, if any, as specified in paragraph E.3, above.
4. Customers who terminate service prior to the expira-
tion of a prepaid service period will have termination
charges deducted from the unused portion of the
prepayment; any balance will be credited to
Customer.
tf,
LIMITED WARRANTY
American Bell Inc. ("ABI") warrants that this product is in good working order on the date title passes to
Customer. For products not already in Customer's possession, title passes to Customer on the date of shipment
from ABI. For products already in Customer's possession, title passes to Customer on the date Customer's order
is accepted by ABI. ABI further warrants that it will repair the product, without charge for parts and labor, if it
fails to work if Customer notifies ABI within one (1) year from the date title passes to Customer of such failure.
If ABI determines that the product cannot be placed in good working order, ABI, at its option, may either
replace the product or refund the purchase price. Repair parts may be new or equivalent to new in performance.
They will be furnished on an exchange basis, and the returned parts will become the property of ABI.
During the warranty period Customer must advise ABI of any change in the street address of the product.
The warranty will only apply to products located within the conterminous forty-eight (48) United States.
If Customer modifies the product during the warranty period and such modification, in ABI's opinion,
impedes ABI's testing or repairs of the product or creates a safety hazard, the modification must be removed at
Customer's expense, or Customer will pay any extra costs ABI incurs because of the modification.
Warranty Exclusions
This warranty does not cover damages, defects, malfunctions or product failures caused by:
(a) Customer's failure to follow ABI's installation, operation or maintenance instructions;
(b) Customer's modification of the product;
(c) Customer's abuse, misuse or negligent acts; and
(d) Power failure or surges, fire, flood, accident, actions of third parties and other events outside ABI's
control.
EXCEPT AS SPECIFICALLY MADE HEREIN, ABI AND ITS AFFILIATED SUBCONTRACTORS
AND SUPPLIERS MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DIS-
CLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Neither ABI nor its affiliates, subsidiaries, parent corporation, or any of its parent's affiliates or subsid-
iaries shall be liable for any indirect, incidental or consequential damages (including lost profits) sustained or
incurred in connection with installation, maintenance or repair of the product or caused by product defects or
the partial or total failure of the product, regardless of the form of action, whether in contract, tort including
negligence, strict liability, or otherwise and whether or not such damages were foreseen or unforeseen.
Customer's sole remedy against ABI or any affiliated subcontractor or supplier for loss or damage caused
by product defects or partial or total failure of the products, or arising in connection with the installation,
maintenance or repair of the product or arising from any breach of warranty regardless of the form of action,
whether in contract, tort including negligence, strict liability or otherwise, will be the repair, replacement or
refund as set forth above and the lesser of (a) the amount of actual direct damages which are proven or (b) the
equivalent of one (1) month's recurring charges for the product which would apply if the product was provided
on a month-to-month service agreement at the time of loss.
DEC 7 1983 MK 55 PA.c: oq
PEC 7 1993 K 5.5 rnE:601
a
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Bowman, the Board unanimously
authorized the purchase of the necessary
equipment to add five trunk lines at a one
time cost of $606.00 and a monthly charge of
$104.00.
Service Agreement
Equipment Supplement
Contract No. Supplement No.
- SA
Customer Name A 77- 7' /,J C. iy� T f ��J Order No.
NO / N /seg-�e�i-Ilc-
Address Branch Addres _ ���
U S STRof#i CJ C/ �AKr� 1S'«rFNo '00,1V4, L ao
CityState Zip City State Zip
Customer Requests The Provision Of The Following Products/Services Subject To The Terms And Conditions Of The Contract Referenced Above.
Product/Service Description
Item Code
Term
(Months)'
Quantity
Monthly
Charge
Monthly
Charges
Installation/Up Front
City State
V r�rLo
Zip
Received By:
Per Unit
0
(One -Time)
Scheduled Installation/Delivery Date:
Accepted By:
Auth Customeit3natur -
Charges
Authorized Signature
t
Typed Name i
C. B. Hardin, Jr.
•.e', ""A/< XAC-k- C -4-L
Typed Name
�, 611-
3
(3.ao
35.u0
(go.o0
"'-'kA/K Parti CAarZ ttFa
�yao7
q81
(
GS.aa
65•aa
3).m.o a
RMgTs /leac/cigM
0k(oo -00 a
City
�ft �'�
State Zip
77_A
•✓0
Subtotal From Attached ( Q ) Additional Pages
Date
Subtotal
10L('60 0
S. U 0
3 .0
Shipping
Amount Of Advance Payment
•
Total
j C) L(. U O
A minimum yr i nree 13) Months' Charges Will Apply To All Products Initially
Provided On A Month -To -Month Service Period.
Equipment Location: (Address)
l l N1rtaC/�+�9 i tG.� /
A�frtc. SYs �Fi►a.t /IV
S T T �t
,
City State
V r�rLo
Zip
Received By:
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0
Scheduled Installation/Delivery Date:
Accepted By:
Auth Customeit3natur -
///111
/ ./
Authorized Signature
Typed Name i
C. B. Hardin, Jr.
Ph. D.
Typed Name
�, 611-
Title
Asst. to County Administrator
Title
At'fgC14
440Jez
Date
December 7, 1983
Address
FD1)✓6r �
0 04 k- ir
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City
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State Zip
77_A
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-r ""'t C,
Date
1W 6
WELFARE DEPARTMENT
Administrator Wright reported that Community Services
Director Thomas has revised our method of handling the
Thanksgiving and Christmas distribution program. At
Thanksgiving approximately 180 indigents were qualified, and
an additional 140 have been qualified since, bringing the
total to 320 qualified for the Christmas program. The
Thanksgiving program cost roughly $3,000, and we received
Iabout $750 in donations. The Administrator continued that
donations have been requested through the media, and last
year we received about $2,500; however, we have no way of
knowing exactly what will come in. The Administrator,
therefore, requested that the Board authorize Welfare to use
$3,000 from contingency so that they do not have to wait
until a day or two before Christmas to do their shopping,
which was what contributed greatly to the confusion and
disorganization experienced last year.
Commissioner Wodtke noted that last year there was a
large last minute response from the community with all kinds
of things - turkeys, cash, etc. He had a bit of trouble
with dipping into contingency for Welfare funds and believed
the community should be given an opportunity to respond.
Administrator Wright agreed, but just did not want to
be short on the day these items are needed. He was hopeful
that Welfare would not need nearly that much.
Chairman Bird noted that, in other words, if donations
of $2,000 were received, Welfare would take only $1,000 out
of contingency.
Commissioner Scurlock asked if this program is only for
people who don't receive other help, and Mr. Thomas informed
the Board that this is all computerized now, and the
applicants are qualified and cross referenced against other
agencies to see that there isn't duplication.
DEC 7 1983
97
Boo 55 P,Z L
-DEC 7 1993
8� 55 PACE
Commissioner Wodtke felt some people prefer to donate
food and noted we also gave gift certificates last year.
Mr. Thomas agreed that food does come in, but
emphasized that they do not want to wait until the last
minute. As to gift certificates, he commented there had
been some problems as to what these had been used for, and
now they are designated for meat only.
MOTION WAS MADE by Commissioner Lyons,
SECONDED by Commissioner Bowman, that the
Welfare Department be authorized to borrow
$3,000 from the Contingency Fund with the
understanding that after the contributions
are received, the difference will be con-
sidered as a budget item for the Welfare
Department.
Commissioner Wodtke noted that they felt $3,000 would
cover what they want to do, and asked if they anticipate
receiving at least $2,000.
Mr. Thomas pointed out that if they receive canned
food, it can be handed out all year. He noted that Welfare
was cut back at budgettime and at that time said if they had
a problem, they would come back to the Board.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried 4 to 1 with
Commissioner Wodtke voting in opposition.
REDUCTION OF BOND REQUIRED FOR LANDSCAPING CONTRACT -
TRACKING STATION PARK.
Administrator Wright reviewed letter from Glenn &
Mike's Landscaping, as follows, and stated that he had no
specific recommendation;
98
N
Glenn Mike's
TELEPHONE (305) 567.7155
Landscaping, Inc.
k
0 E C 6 1983
-A,*
December 6, 1983
Board of County Commissioners
_...!an River County, Florida
County Administration Building
Vero Beach,.Florida 32960
Dear Commissioners:
In reference to the landscaping contract for the Indian River
County Tracking Station Recreation area in the amount of
$29,293.25, I request the bond for said contract be waived.
At this time I have available a line of credit at the Florida
National Bank, Vera Beach, in the amount of W0,000. A -sure
of $80,234.30.of this line of credit is committed to the City
of Vero Beach, representing 125% of the amount of a contract
held by my company for landscaping of the Conn Beach - Dune
Protection Project. This 125% of contract amount reflects a
new policy the City of Vero Beach requires on all contracts.
Had the City required 100%, rather than 1251 of their contract,
my Company would have had ample funds to cover bonds for both
the Tracking Station and Conn Beach projects.
In order to expedite work at the Tracking Station for a
Christmas completion date, I respectfully request the County
Commission of Indian River County, Florida, waive the required
bond. Should such bond be waived, your contract with my
Company would be reduced in the amount of $701.00 which repre-
sents Bid Items 25, page FA 6, Performance Bond.
Your immediate attention concerning this matter would be greatly
appreciated.
Since r ly,
Edward C. Smith
President
Attorney Brandenburg commented that the bond
requirement really is there for protection of the
subcontractors, and the Board does have the authority to
waive it if the contract is under $100,000. He noted that
if the Board does waive this requirement, there will be a
99
DEC 7 1983 FOOK �Y) FAUU
DEC 7 1983 ofix McE 5
cost saving on the bid, and other protection could be
required, such as retaining a certain percentage of the
contract for a period of time.
Commissioner Scurlock noted that this is one area where
we didn't have any bids, and he believed in smaller type
situations where you require such coverage it makes it very
difficult for the smaller companies to participate.
Edward Smith, President of. Glenn & Mike's Landscaping,
believed the fairest thing would be for the County to hold
back 10 to 150, and he felt he can work on a release of lien
basis from the subcontractors.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unanimously
agreed to release Glenn &.Mike's Landscaping
from the bond requirement for work at the
Tracking Station Park and authorized the Attor-
ney to substitute a retainage arrangement.
GENERAL DEVELOPMENT UTILITIES WATER PURCHASE AGREEMENT
Utilities Director Pinto noted that the above agreement
was brought before the Board on.two prior occasions, and the
Board wanted a comparison made between purchasing from the
County and GDU providing their own water service. Mr.
Pinto felt that GDU can explain the analysis that was
performed, but noted that if GDU does purchase water from
the County, the residents of Vero Highlands and Vero Shores
will certainly spend less money for their water in the
future. Staff, therefore, is recommending that the Water
Purchase Agreement be approved; although, there is some
language that needs to be clarified.
Commissioner Scurlock commented that he personally is
in favor of the agreement, but he would like to know what
specific language change is needed.
100
A
Director Pinto explained that the language in question
is in regard to the requirement for GDU to pay some kind of
deposit on a unit basis. He is suggesting we not do that
'# and instead require GDU to pay the County base facility
charge per unit monthly in advance. This would be similar
to what the telephone company does.
Commissioner Scurlock noted that he is just.interested
in getting the money up front to be protected, and both he
and the Administrator agreed that would cover us.
Mr. Fancher, Vice Pres. of Finance for GDU, was not
exactly clear as to what Mr. Pinto was suggesting.
Mr.Pinto explained that he is only saying that as the
customers are connected to the system,'or if the company
wants to reserve capacity or buy allocation, those customers
will be paying a base facility charge that would be paid to
us monthly, but it would be an advance payment instead of
after the fact.
Administrator Wright asked if this would be in lieu of
a deposit, and Mr. Pinto stated that it would. He continued
that we are talking about something in the neighborhood of
$5.50 for a base facility charge that would be paid in
advance for the customers who are connected or those for
whom allocations are purchased.
Administrator Wright noted that a customer deposit
would amount to about $60,000 based on 1200 units, and we,
therefore, are saying that if GDU will pay a base facility
charge up front, we will recommend they do not pay the
deposit.
Mr. Fancher brought up the possibility of providing a
surety bond for the normal deposit amount, but Mr. Pinto
stated that his suggestion still would be that they pay the
base facility charge in advance; we really want the money up
front.
101'
DEC"7
1983 a 5 F�
DEC 7 1983
WK 55 rAsE?
Mr. Fancher asked if all other customers do that, and
Commissioner Scurlock pointed out that we don't have any
other wholesale customers; GDU is the first. It was noted
that the retail people pay a cash deposit.
Administrator Wright asked Mr. Fancher if GDU would
have any problem with an advance as opposed to deposit, and
Mr.-Fancher asked if he was suggesting that they go out and
make a one time charge to their customers to cover this or
that they carry this as an additional investment on the part
of the utility that would be included in the rate base.
Mr. Pinto believed this could be considered operating
cash and would go into the rate base.
MOTION WAS MADE by Commissioner Scurlock,
SECONDED by Commissioner Bowman, to accept
staff's recommendation and authorize the
Chairman to sign the General Development
Utilities Water Purchase Agreement with the
change as outlined in the preceding discussion,
i.e., GDU to pay in advance each month the base
facility charges established by the County.
Commissioner Wodtke commented that it was his under-
standing that as soon as this water line is built, GDU will
disconnect their treatment plant.
Mr. Fancher stated that they plan to have -it in a
mothball state. The treatment facility itself would not be
producing any water; all the water in the system would be
coming from the county. The ground storage tank will be
maintained for some period of time in a mothball status,
until they are absolutely sure it never would be necessary
to utilize it.
Commissioner Wodtke asked if GDU will continue to
include the plant in their rate base, and Mr. Fancher
- 1- -
explained that.they are not talking about the treatment
plant, they are talking about the ground storage tank.
There is no reason to retain the ion exchange units.
Rates were discussed, and Mr. Fancher stated the price
quoted to them was $1.64 per thousand gallons and a base
facility charge for a single unit, and he was not sure what
that amount was.
Administrator Wright believed it was about $5.50 and
there wouldn't be a meter charge.
Commissioner Wodtke asked, in essence, what effect this
would have on the customer in Vero Shores.
Mr. Fancher answered that right now it doesn't have any
effect. He pointed out that any change in the rates they
are charging the customers will have to come through the
regulatory process of this Commission.
Commissioner Scurlock noted the net effect is that the
only alternative was for GDU to develop their own capital
expansion program, and comparing that capital expansion to
the purchase of wholesale water showed that entering into
the agreement to purchase the wholesale water would result
in a net benefit to the customer if everything were allowed
to be passed through.
In further discussion, it,was noted that this will
result in an even greater benefit later on when the utility
would have had to go to an additional plant expansion.
Administrator Wright noted that the franchise has
nothing to do with this. The franchise fee, which is based
on gross revenues, will be paid whether GDU produces the
water or buys it from us. Their rates are based on
production of water no matter how it is produced, and the
price of water will go up in the Highlands either way.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
DEC 71993 103 ;
Btilf FACE F$
9X19 55 ruff,99
Said Water Purchase Agreement will be made a part of
the Minutes when fully executed and received.
GENERAL DEVELOPMENT UTILITIES RATE INCREASE
Commissioner Scurlock wished to have a comparison of
how the existing rates relate to the 40% increase approved
and how it will affect the.average customer.
Mr. Fancher stated that because of the change in the
structure, some customers will be paying less than they are
now and some will be paying more than the 40%. He noted
that 5,000 gallons currently cost $13.00, and this would go
to $16.09, a 24% increase.
Utilities Director Pinto explained that GDU is getting
a 40% increase based on their present gross revenues. He
continued that the Board requested that they increase their
impact fees. It was felt the major part of the reduction
should take place in the base facility charge rather than
the gallonage charge. Mr. Pinto believed that will indicate
some logic in conserving water because the more you use, the
more you are going to pay. The base facility charge would
be less so it particularly helps the people who use very
little water. He noted that it will be necessary to have a
separate public hearing on the increase of the impact fee.
Attorney Brandenburg confirmed there was no advertise-
ment relating to that change, and it is required. He
further explained the proposed change would be to have the
impact fee recover 75% of their capital cost as opposed to
50%. The impact fee itself would not increase 75%.
Commissioner Scurlock agreed that it was his intent to
recover more from the impact fee than from the present user.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
adopted Resolution 83-122 changing the GDU
franchise and modifying their rate schedule.
104
RESOLUTION NO. 83- 12 2
WHEREAS, on the 9th day of November, 1983, General Development
Utilities, Inc. pursuant to a properly filed and noticed request for rate
relief, appeared- at a public hearing before the Board of County
Commissioners of Indian River County, Florida; and
WHEREAS, the Board of County Commissioners of Indian River County,
Florida, hereinafter referred to as "Board", received and reviewed
documentary exhibits as filed on behalf of General Development Utilities,
Inc., hereinafter referred to as "Petitioner", and had opportunity to
question Petition and, in addition, allowed for comment from citizens of
Indian River County residing within the franchise area; and
WHEREAS, the Board found that the Petitioner was entitled to
receive a portion of the rate relief requested; and
WHEREAS, the Board approved the required changes in the
Petitioner's approved tariffs to reflect the rate relief requested, changes
in rate structures, deposits and connection charges.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the Resolution dated
April 5, 1960 between INDIAN RIVER COUNTY, FLORIDA and GENERAL DEVELOPMENT
UTILITIES, -INC., as subsequently amended by Resolution No. 77-95 Resolution
80-15 and 81-101 is hereby amended as follows:
CVrTTnXT 1 A
The rates charged by the Company for its service hereunder shall
be fair and reasonable and designed to meet all necessary costs of the
service, including a fair rate of return on the net valuation of its
properties devoted thereto under efficient and economical management. The
Company 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 Company shall have authority to charge and
collect not to exceed the following schedule of rates, which shall remain
effective until changed or modified as herein provided to -wit:
RESIDENTIAL SERVICE RATE SCHEDULE
Availability - Available throughout the area served by the Company.
Applicability - For water service for all purposes in private residences and
individually -metered apartment units.
Limitations - Subject to all of the Rules and Regulations of this Tariff.
- 1 -
LEG.70/26/11/22/83
DEC 7 1983
���� PACEIDA
DEC 7 1993
Monthlv Rates:
METER SIZE
5/8 x 3/4"
1"
12"
2"
BASE FACILITY
CHARGE
$ .69
1.59
3.45
5.52
box 5-5) PACE .11
USAGE CHARGE
$1.70 per 1000 gallons
1.70 per 1000 gallons
1.70 per 1000 gallons
1.70 per 1000 gallons
Base Facility Charge - Any customer who requests that service be interrupted
for any length of time will pay the Base Facility Charge during that period
of interruption. Any customer who attempts to circumvent this charge by
closing his account (and requesting deposit refund) at time of temporary
departure and then returning several months later as a new customer, will be
held liable for the Base Facility Charge during the disconnected months.
The payment of the Base Facility Charge will be made monthly.
Terms of Payment - Bills are due and payable when rendered and become
delinquent if not paid within twenty days, and service may, after five days
written notice, be discontinued.
Billing - Bills shall be rendered monthly and the meter reading dates shall
coincide as near as practically possible, and bills rendered as soon as
possible thereafter. Bills rendered for less than 50% of the normal billing
period will be billed in accordance with Rule 25-10.97(2), Florida
Administrative Code: "Whenever, for any reason, the period of service for
which a bill is rendered is less than fifty percent (50%) of the normal
billing period, the charges applicable to such service, including minimum
charges, shall be prorated in the proportion that the actual number of
service days bears to a thirty (30) day month; except that:
(a) Opening bills need not be rendered but may be carried over to and
included in the next regular monthly billing.
(b) For service taken under flat rate schedules, fifty percent (50%)
of the normal charges may be applied.
(c) The practices employed by the utility in this regard shall have
uniform application to all customers."
COMMERCIAL SERVICE RATE SCHEDULE
Availability - Available throughout the area served by the Company.
Applicability - For water service to commercial customers.
Limitations - Subject to all of the Rules and Regulations of this Tariff.
- 2 -
LEG.70/26/11/22/83
M _
Monthly Rates:
BASE FACILITY
METER SIZE CHARGE USAGE CHARGE
5/8 x 3/4" $ .69 $1.70 per 1000 gallons
1"
- 1.59
1.70
per
1000
gallons
112"
3.45
1.70
per
1000
gallons
2"
5.52
1.70
per
1000
gallons
3"
11.04
1.70
per
1000
gallons
4"
17.25
1.70
per
1000
gallons
6"
34.50
1.70
per
1000
gallons
8"
55.20
1.70
per
1000
gallons
Base Facility Charge - Any customer who requests that service be interrupted
for any length of time will pay the Base Facility Charge during that period
of interruption. Any customer who attempts to circumvent this charge by
closing his account (and requesting deposit refund) at time of temporary
departure and then returning several months later as a new customer, will be
held liable for the Base Facility Charge during the disconnected months.
The payment of the Base Facility Charge will be made monthly.
Terms of Payment - Bills are due and payable when rendered and become
delinquent if not paid within twenty days, and service may, after five days
written notice, be discontinued.
Billing - Bills shall be rendered monthly and the meter reading dates shall
coincide as near as practically possible, and bills rendered as soon as
possible thereafter. Bills rendered for less than 50% of the normal billing
period will be billed in accordance with Rule 25-10.97(2), Florida Admin-
istrative Code, which states: "Whenever, for any reason, the period of
service for which a bill is rendered is less than fifty percent (50%) of the
normal billing period, the charges applicable to such service, including
minimum charges, shall be prorated in the proportion that the actual number
of service days bears to a thirty (30) day month; except that:
(a) Opening bills need not be rendered but may be carried over to and
included in the next regular monthly billing.
(b) For service taken under flat rate schedule, fifty percent (50%) of
the normal charges may be applied.
(c) The practices employed by the utility in this regard shall have
uniform application to all customers."
- 3 -
LEG.70/26/11/22/83���
DEC 7 193
� DEC 7 1983
5 PAGE 1 3
MULTIPLE UNIT SERVICE RATE SCHEDULE
Availability - Available throughout the area served by the Company.
Applicability - For water service to any customer or customers where a
single water meter supplies more than one dwelling unit, such as apartments
or duplexes.
Limitations - Subject to all of the Rules and Regulations of this Tariff.
Monthly Rates, All Meter Sizes:
BASE FACILITY
CHARGE USAGE CHARGE
$.35/Unit $1.70 per 1000 gallons
Base Facility Charge - Any customer who requests that service be interrupted
for any length of time will pay the Base Facility Charge during that period
of interruption. Any customer who attempts to circumvent this charge by
closing his account (and requesting deposit refund) at time of temporary
departure and then returning several months later as a new customer, will be
held liable for the Base Facility Charge during the disconnected months.
The payment of the Base Facility Charge will be made monthly.
Terms of Payment - Bills are due and payable when rendered and become
delinquent if not paid within twenty days, and service may, after five days
written notice, be discontinued.
Billing - Bills shall be rendered monthly and the meter reading dates shall
coincide as near as practically possible, and bills rendered as soon as
possible thereafter. Bills rendered for less than 50% of the normal billing
period will be billed in accordance with -Rule 25-10.97(2), Florida Admin-
istrative Code, which states. "Whenever, for any reason, the period of
service for which a bill is rendered is less than fifty percent (50%) of the
normal billing period, the charges applicable to such service, including
minimum charges, shall be prorated in the proportion that the actual number
of service days bears to a thirty (30) day month; except that:
(a) Opening bills need not be rendered but may be carried over to and
included in the next regular monthly billing.
(b) For service taken under flat rate schedule, fifty percent (50%) of
the normal charges may be applied.
(c) The practices employed by the utility in this regard shall have
uniform application to all customers."
- 4 -
LE= 26/11/22/83
M r M
MISCELLANEOUS SERVICE CHARGES
Applicability - All customer classes and meter sizes.
Limitations - Subject to all of the Rules and Regulations of this Tariff.
Charges -
Initial Connection Charge for service initiation where service is not
currently being provided.
Normal Reconnection Charge for transfer of service to a new customer account
at the same location, or reconnection of service subsequent to a
customer -requested disconnection.
INITIAL CONNECTION/NORMAL RECONNECTION
During Regular After Regular
Service Working Hours Working Hours
Water Only $13.00 $19.00
Sewer Only 9.00 13.00
Water/Sewer 13.00 19.00
Violation Reconnection Charge subsequent to disconnection of service for
cause, including a delinquency in bill payments.
VIOLATION RECONNECTION
During Regular After Regular
Service Working Hours Working Hours
Water Only $13.00* $19.00*
Sewer Only Total cost of disconnecting and reconnecting
sewer service lines.*
Water/Sewer $13.00* $19.00*
(* plus all past -due bills and penalties.)
Terms of Payment - The initial connection/reconnection charge will appear in
the consumer's first subsequent bill. The violation reconnection charge
must be paid (plus all past -due bills and penalties) before service is
reconnected.
- 5
L&M/26/11/22/83
DEC 7 II
DEC 7 7993 Box 55 rAcE F 15
STANDBY CHARGES - FIRE HYDRANTS AND/OR SPRINKLER SYSTEMS
RATE SCHEDULE
Availability - Available throughout the area served by the Company.
Applicability - For service to fire hydrants and/or sprinkler systems in
privately owned buildings connected to water mains of the Company.
Limitations - Subject to all of the Rules and Regulations of this Tariff.
Rates
4"
Mains
- Annual
Charge
$ 543.00
6"
Mains
- Annual
Charge
1086.00
8"
Mains
- Annual
Charge
1737.60
Billing - Bills shall be rendered annually at the beginning of the service
year.
Terms of Payment - Bills are due and payable when rendered and become
delinquent if not paid within twenty days and service may, after five days
written notice, be discontinued.
SEWER
RESIDENTIAL SERVICE RATE SCHEDULE
Availability - Available throughout the area served by the Company.
Applicability - For sewer service in private residences and
individually -metered apartment units.
Limitations - Subject to all 'of the Rules and Regulations of this Tariff.
Monthly Rates -
BASE FACILITY
METER SIZE CHARGE USAGE CHARGE
5/8 x 3/4" $1.00 $1.18 per 1000 gallons
up to 10,000 gal maximum
1" 1.00 1.18 per 1000 gallons
up to 10,000 gal maximum
1112" 1.00 1.18 per 1000 gallons
up to 10,000 gal maximum
2" 1.00 1.18 per 1000 gallons
up to 10,000 gal maximum
- 6 -
LEG.70/26/11/22/83
M M
Maximum Charge - $12.80 per month.
Base Facility Charge - Any customer who requests that service be interrupted
for any length of time will pay the Base Facility Charge during that period
of interruption. -Any customer who attempts to circumvent this charge by
closing his account (and requesting deposit refund) at time of temporary
departure and then returning several months later as a new customer, will be
held liable for the Base Facility Charge during the disconnected months.
The payment of the Base Facility Charge will be made monthly.
Terms of Payment Bills are due and payable when rendered and become
delinquent if not paid within twenty days, and service may, after five days
written notice, be.discontinued.
Billing - The billing month dates shall coincide with the billing month for
water service. Bills rendered for less -than 50% .of the normal billing
period will be billed in accordance with Rule 25-10.111(2), Florida
Administrative Code: "Whenever, for any reason, the period of service for
which a bill is rendered is less than fifty percent (50%) of the normal
billing period, the charges applicable to such service, including minimum
charges, shall be prorated in the proportion that the actual number of
service days bears to a thirty (30) day month; except that:
(a) Opening bills need not.be rendered but may be carried over to and
included in the next regular monthly billing.
(b) For service taken under flat rate schedules, fifty percent (50%)
of the normal charges may be applied.
(c) The practices employed by the utility in this regard shall have
uniform application to all customers."
COMMERCIAL SERVICE RATE SCHEDULE
Availability - Available throughout the area served by the Company.
Applicability - For'sewer service to Commercial Customers.
Limitations - Subject to all of the Rules and Regulations of this Tariff.
Terms of Payment - Bills are due and payable when rendered and become
delinquent if not paid within twenty days, and service may, after five days
written notice, be discontinued.
- 7 -
LEG.70/26/11/22/83
DEC 7 1983
8coK 55 AEE
DEC 7 �9
Monthlv Rates
ae�oic 55 PACE 1 4
BASE FACILITY
METER SIZE CHARGE USAGE CHARGE
5/8 x 3/4" $ 1.00 $1.18 per 1000 gallons
1" 2.30 1.18 per 1000 gallons
112" 5.00 1.18 per 1000 gallons
2" _ 8.00 1.18 per 1000 gallons
3" 16.00 1.18 per 1000 gallons
4" 25.00 1.18 per 1000 gallons
6" 50.00 1.18 per 1000 gallons
8" 80.00 1.18 per 1000 gallons
Base Facility Charge Any customer who requests that service be interrupted
for any length of time will pay the Base Facility Charge during that period
of interruption. Any customer who attempts to circumvent this charge by
closing his account (and requesting deposit refund) at time of temporary
departure and then returning several months later as a new customer, will be
held liable for the Base Facility Charge during the disconnected months.
The payment of the Base Facility Charge will be made monthly. -
Billing - The billing month dates shall coincide with the billing month for
water service. Bills rendered for less than 50% of the normal billing
period will be billed in accordance with Rule 25-10.111(2), Florida
Administrative Code: _"Whenever, for any reason, the period of service for
which a bill is rendered is -less than fifty percent (50%) of the normal
billing period, the charges applicable to such service, including minimum
charges, shall be prorated in the proportion that the actual number of
service days bears to a thirty (30) day month; except that:
(a) Opening bills need not be rendered but may be carried over to and
included in the next regular monthly billing.
(b) For service taken under flat rate schedules, fifty percent (50%)
of the normal charges may be applied.
(c) The practices employed by the utility in this regard shall have
uniform application to all customers.
- 8 -
LEG.70/26/11/22/83
DEC
MULTIPLE UNIT SERVICE RATE SCHEDULE
Availability - Available throughout the area served by the Company.
Applicability - For sewer service to any customer or customers where a
single sewer service line supplies more than one dwelling unit, such as
apartments or duplexes.
Limitations - Subject to all of the Rules and Regulations of this Tariff.
Monthly Rates, All Meter Sizes -
BASE FACILITY
CHARGE
$.50/Unit
USAGE CHARGE
$1.18 per 1000 gallons
Base Facility Charge - Any customer who requests that service be interrupted
for any length of time will pay the Base Facility Charge during that period
of interruption. Any customer who attempts to circumvent this charge by
closing his account (and requesting deposit refund) at time of temporary
departure and then returning several months later as a new customer, will be
held liable for the Base Facility Charge during the disconnected months.
The payment of the Base Facility Charge will be made monthly.
Terms of Payment Bills are due and payable when rendered and become
delinquent if not paid within twenty days, and service may, after five days
written notice, be discontinued.
Billing - The billing month dates shall coincide with the billing month for
water service. Bills rendered for less than 50% of the normal billing
period will be billed in accordance with Rule 25-10.111(2), Florida
Administrative Code: "Whenever, for any reason, the period of service for
which a bill is rendered is less than fifty percent (50%) of the normal
billing period, the charges applicable to such service, including minimum
charges, shall be prorated in the proportion that the actual number of
service days bears to a thirty (30) day month; except that:
(a) Opening bills need not be rendered but may be carried over to and
included in the next regular monthly billing.
(b) For service taken under flat rate schedules, fifty percent (50%)
of the normal charges may be applied.
(c) The practices employed by the utility in this regard shall have
uniform application to all customers."
LEG.70/26/11/22/83
7 1983
- 9 -
BOOK 5-5 PACE10-48
DEC 7 1983
Box 55 PACE F19
MISCELLANEOUS SERVICE CHARGES
Applicability - All customer classes and meter sizes.
Limitations - Subject to all of the Rules and Regulations of this Tariff.
Charges -
Initial Connection Charge for service initiation where service is not
currently being provided.
Normal Reconnection Charge for transfer of service to a new customer account
at the same location, or reconnection of service subsequent to a
customer -requested disconnection.
INITIAL CONNECTION/NORMAL RECONNECTION
During Regular After Regular
Service Working Hours Working Hours
Water Only $13.00 $19.00
Sewer Only 9.00 13.00
Water/Sewer 13.00 19.00
Violation Reconnection Charge subsequent to disconnection of service for
cause, including a delinquency in bill payments.
VIOLATION RECONNECTION
During Regular After Regular
Service Working Hours Working Hours
Water Only $13.00* $19.00*
Sewer Only Total cost of disconnecting and recon-
necting sewer service -lines.*
Water/Sewer $13:00* $19.00*
(*plus all past -due bills and penalties.)
Terms of Payment - The initial connection/normal reconnection charge will
appear in the consumer's first subsequent bill. The violation reconnection
charge (plus all past -due bills and penalties) before service is
reconnected.
EXTENSION OF CONNECTION CHARGES
WATER
1. Main Extension Charge $5.00 times footage fronting on main.
2. Plant Capcity Charge $.50/gallon of demand*
- 10 -
LEG.70/26/11/22/83
M
I
3. .Water Meter Connection Charges:
5/8" x 3/4" meter $100.00
1" meter $150.00
1-1/2" meter $250.00
2" meter $350.00
*Meters over 2" in size are charged upon the estimated actual cost of
installation. Where actual charges differ from estimates, the difference
will be refuned by the utility if the total cost is less than the estimate,
or paid by the contributor prior to the initiation of water service if the
actual cost exceed the estimated cost.
SEWER
1. Main Extension Charge -$12.00 times footage fronting `on main.
2. Plant Capacity Charge $.75/gallon of demand*
*Plant Capacity Charges are computed by multiplying the daily rates of
demand by the above rates for the specified service. The daily rated
gallongage demand varies depending upon type of usage, for example,
apartments - 250 gpd; single family residence 3/4" 5/8" meter = 350 gpd;
commercial units based upon projected actual demand.
* * * * * * * * * *
This Resolution shall become effective as of the 7th day of
December , 1983.
Attest:
J
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
s
Chairman
an 1eV1�f�crm
rA
and le I
�rn. tirar,r �r:
ty Attoria
- 11 -
LEG.70/26/11/22/83 5 PnE 2
DEC 71933
r DEC 7 1993
DNp� WEEK.
REQUEST FOR PUBLIC HEARING RE INCREASE OF CONTRIBUTIONS IN
AID OF CONSTRUCTION - GDU
Utilities Director Pinto suggested that we wait to set
a public hearing date on the above increase until GDU comes
back with the filing.
Administrator Wright inquired about the water line to
be built by GDU, and Mr. Fancher stated that he believed it
will take about nine months; they wanted to get the
agreement approved before they moved ahead with it.
RESOLUTION - AWARD AND PLACEMENT OF GDU INDUSTRIAL REVENUE
BONDS
Attorney Brandenburg informed the Board that this
Resolution is a technical formality, and it is required to
enable them to close on the bonds in.New York City.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Bowman, the Board unanimously
adopted Resolution 83-123 approving a placement
agreement.
106
RESOLUTION NO. 83-123
A RESOLUTION APPROVING THE EMPLOYMENT OF A PLACE-
MENT AGENT PURSUANT TO A PLACEMENT AGREEMENT FOR
THE MARKETING OF $4,000,000 VARIABLE RATE DEMAND
UTILITY REVENUE BONDS (GENERAL DEVELOPMENT UTILITIES,
INC. PROJECT) OF INDIAN RIVER COUNTY, FLORIDA;
AUTHORIZING THE PLACEMENT AGENT TO SOLICIT
ACCEPTANCES OF THE ISSUER'S OFFER TO SELL SUCH BONDS
ON THE TERMS PROVIDED HEREIN; APPROVING USE OF A
PRIVATE PLACEMENT MEMORANDUM FOR SUCH PURPOSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Indian River County, Florida (the "Issuer" has previously authorized
the issuance of not exceeding $4,0209000 Variable Rate Demand Utility Revenue Bonds
(General Development Utilities, Inc. Project), the .proceeds of which would be loaned to
General Development Utilities, Inc.. (the 'Borrower"), to finance the cost of certain
capital projects; and
WHEREAS, the Borrower has requested that the Issuer offer to sell $4,000,000
principal amount of such bonds (the 'Bonds") at negotiated sale through a placement agent
on the terms and conditions hereinafter set forth; now therefore,
BE 17 RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA:
Section 1. Offer of Sale of Bonds at Negotiated Sale. The Issuer hereby
finds, determines and declares that the Bonds shall be offered for sale at negotiated,
private sale rather than offered by competitive bid at public sale. Such offer is in the
best interest of the Issuer and will obtain the most favorable terms in the bond market for
the reasons that: (1) the structure of the bond offering dictates sale to private tax-exempt
bond funds dealing in short term tax-exempt securities through a private placement; and
(2) such funds do not bid for bonds and do not publicly underwrite bonds. The negotiated
sale of the Bonds is hereby authorized pursuant to Section 218.385, Florida Statutes.
Section 2. Terms of Offer of Sale. The Issuer hereby offers to sell the Bonds
at par, for delivery on December 22, 1983, at the offices of the Placement Agent named
below, or at such other time and place as may be mutually agreed among the purchaser
and the parties to the Private Placement Memorandum described below, upon the terms
and conditions set forth in the Placement Agreement and Private Placement Memorandum
attached hereto as Exhibits A and B, respectively. The Issuer hereby authorizes the
employment of Citibank, N.A., at no cost or expense to the Issuer, other than from the
proceeds of the Bonds, as a Placement Agent under and pursuant to the Placement
Agreement for the purposes set forth in the Placement Agreement, including, but not
limited to, .the solicitation of acceptances of the Issuer's offer to sell the Bonds from
some or all of the offerees set forth on Schedule 1 to the Placement Agreement.
Section 3. Authorization of Execution and Delivery of Placement Agreement
and Private Placement Memorandum. The Placement Agreement and Private Placement
Memorandum, in substantially the forms attached hereto as Exhibits A and B, respec-
tively, are hereby approved by the Issuer, and the proper officers of the Issuer are hereby
LK L-11 /22 /8 3-218A-13 8 5 -1-
BOOK 5.5 FACE
J
BOOK 55 PACE l
authorized and directed to execute and deliver them to the other parties thereto. The use
of the Private Placement Memorandum by the Placement Agent in connection with
solicitation of acceptances of the Issuer's offer to sell the Bonds is authorized.
Section 4. Execution of Bonds and Authorization of all Other Necessary
Action. The proper officers of the Issuer are hereby authorized and directed to execute
the Bonds when prepared and to deliver the same to the Trustee for authentication and
delivery to -the purchasers upon payment of the purchase price pursuant to the conditions
stated in the Trust Indenture and the terms of the offer to sell herein contained. Such
officers, the Attorney to the Issuer, and Livermore Klein be Lott, P.A., bond counsel, are
designated agents of the Issuer in connection with the issuance and delivery of the Bonds,
and are authorized and empowered, collectively or individually, to take all action and
steps to execute and deliver any and all instruments, documents or contracts on behalf of
the Issuer which are necessary or desirable in connection with the execution and delivery
of the Bonds and which are not inconsistent with the terms and provisions of this
resolution and other actions relating to`the Bonds heretofore taken by the Issuer.
Section 5. Severability of Invalid Provisions. If any one or more of the
covenants, agreements or provisions herein contained shall be held contrary to any express
provisions of law or contrary to the policy of express law, though not expressly prohibited,
or against public policy, or shall for any reason whatsoever be held invalid, then such
covenants, agreements or provisions shall be null and void and shall be deemed separable
from the remaining covenants, agreements or provisions and shall in no bray affect the
validity of any of the other provisions hereof or of the Bonds issued hereunder.
Section 6. Repealing Clause. All resolutions or parts thereof_ of the Issuer in
conflict with the provisions herein contained are, to the extent of such conflict, hereby
superseded and repealed.
Section 7. Effective Date. This instrument shall take effect immediately
upon its adoption.
The foregoing resolution was offered by Cammissioner Scurlock
who moved its adoption. The motion was seconded by Camnissioner Bowman and,
upon being put to a vote, the vote was as follows:
Chainnan Richard N. -Bird Aye
Vice-Chainnan Don C. Scurlock, Jr. Aye
Ommissioner Margaret C. Bowman Aye
CaTmissioner Patrick B. Lyons Aye
Cammissioner William C. Wodtke, Jr. Aye
The Chairman thereupon declared the resolution duly passed and adopted
this 7th day of December 1983.
BOARD OF COUNTY OaVISSIMM
OF INDIAN RIM COUNTY, FLORIDA
By
RICHAM N. BIRD
Chainnan
M
ttorney
Attest: / r ;E 1
FREDA WRIGHT, Clerk
2-
t
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
I, _ FrPria Uright , Clerk of the Board of County Commissioners of
Indian River County, Florida, do hereby certify that the above and foregoing is a trued
correct copy of a resolution as the same was duly adopted and passed at a Regular
Meeting of the Board of County Commissioners on the _atb day of nAr P er , 1983,
and as the same appears on record in my office.
F,
IN WITNESS WHEREOF, I hereunto set my hand this 1 qth day of pPCPmbPr
1983.
By
Clerk, Board of Coutity
Commissioners
LKL-11/22/83-218A-1385 -3-
DEC 7 1983 BOOK 55 PACE-
FF -
DEC 7 1983
HUMANE SOCIETY AGREEMENT
Attorney Brandenburg explained that our agreement with
the Humane Society required that certain contingencies had
to be fulfilled by a certain date. The Society will not be
able to meet that specific time frame, and they are
requesting an extension for an additional three to four
months.
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Lyons, the Board unanimously
granted the Humane Society an 120 day extension
on their Agreement with the County and authorized
the Chairman to sign the Extension Agreement.
109
AGREEMENT
WHEREAS, INDIAN RIVER COUNTY, a political subdivision
of the State.of. Florida, hereinafter referred to as "Seller," and
the HUMANE SOCIETY OF VERO BEACH, FLORIDA, INC., hereinafter
referred to as "Buyer," have previously entered into a contract
for the sale and purchase of real property, a.copy of which is
attached hereto as Exhibit "A". (Cont-ract on file in Clerk's Office)
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The contract attached hereto as Exhibit "A" is
hereby modified as follows:
a) Paragraph 9. Special Clause, A. is hereby modified
to read as follows:
9. Special Clause.
A. This contract is contingent upon the Buyer at
their expense, satisfying the following contingencies within nine
(9) months;
2. All remaining portions of Exhibit "A" not
specifically modified by this agreement shall remain in full force
and effect.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be executed in their respective names, on the
date set forth beneath their signatures.
Date: / Z / 3
Witness
Witness
APPROV DDS AND
LEGA U C /
By-
GAW M. BRAND
C,6unty AttoYhey
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVERR COUNTY
By:
RI HARD N. BIRD, Chairman
Attest -4) ,
FREDA WRIGHT-,-Crk
HUMANE SOCIETY OF VERO BEACH,
FLO
By:
Att
t
DECK 000 55 PACE 26
DEC 7 1993 soon 5.5 PACER 7
NORTH COUNTY FIRE DISTRICT
The Board of County Commissioners thereupon recessed at
3:20 o'clock P.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 reconvened at 3:55
o'clock P.M. with the same members present.
MOBILE HOME ADVISORY BOARD
The Board reviewed staff memo as follows:
TO: Board of County DATE: November 30, 1983 FILE: a�
Commissioners
SUBJECT: VacancieResident sMembers for oon
the Mobile Home Advisory
Board
FROM: Alice White REFERENCES:
Administrative Assistan
We have received Thomas Carmody's resignation from the.Mobile
Home Advisory Board as he no longer resides in a mobile home. He
was a Resident Member of the Board.
We also have a vacancy for another Resident Member on this Board
due to the death of Saul Krieger.
The remaining members of the Mobile Home Advisory Board were
asked to review the resumes we have received, and submit their
recommendations, which are attached.
We also have received several letters in support of one of the
candidates, copies of which are included.
Resumes for the following applicants are attached.
Jayne A. Malchow,
Maurice "Ed" Nelson,
Mark S. Allison,
Frances S. Morrow,
Joseph L. DesJardins,
Stephen Nagy,
Clyde W. Becker,
H. M. Zalmanoff,
Robert E. Ridgeway,
111
Lakewood Village
Village Green West
Village Green East
Village Green East
Village Green West
Village Green East
Holiday Village
Holiday Va.1.3 age
Fairlane Harbor
I
Also attached is an excerpt from.Ordinance 81-35 regarding the
creation of the Mobile Home Advisory Board.
RECOMMENDATION
It is recommended that the resignation of Thomas Carmody be
accepted, and two applicants be appointed to fill the vacancies
on the Mobile Home Advisory Board.
A. Acceptance of Resignation
ON MOTION by Commissioner Scurlock, SECONDED
by Commissioner Wodtke, the Board unanimously
accepted Thomas Carmody's resignation from
the Mobile -Home Advisory Board and authorized
the Chairman to send him a letter of apprecia-
tion for his services.
B. Appointments to Fill Vacancies
The Chairman asked for nominations to fill the
vacancies on the Mobile Home Advisory Board.
Commissioner Scurlock placed the name of Mark S.
Allison in.nomination.
Commissioner Wodtke placed the name of Jayne A.
Malchow in nomination.
Discussion ensued, and it was noted that when the
Mobile Home Advisory Board met this morning a further resume
was submitted by Ardelle L. DeRosa.
Commissioner Wodtke placed the name of Maurice
"Ed" Nelson in nomination.
ON MOTION by Commissioner Scurlock, SECONDED by
Commissioner Bowman, the Board unanimously closed
the nominations.
Commissioner Bowman pointed out that two of the
nominees, Mssrs. Allison and Nelson are from the same mobile
home park, and she did not believe that is allowed.
112
DEC 7 1983 pwa f28
6.— ---
DEC 7 193c PAs X29
Chairman Bird asked for a roll call vote on nominees
Nelson and Allison first.
Commissioner Wodtke
- Maurice
"Ed" Nelson
Commissioner Lyons
- Mark
S.
Allison
Commissioner Bowman
- Mark
S.
Allison
Commissioner Scurlock
- Mark
S.
Allison
Chairman Bird
- Mark
S.
Allison
The Chairman declared Mark S. Allison nominated by a 4
to 1 vote.
The Chairman then asked for a vote on the nomination of
Jayne A. Malchow, and the Board members indicated their
approval of Jayne A. Malchow by a unanimous vote.
Chairman Bird thereupon announced the appointment of
Mark S. Allison and Jayne A. Malchow to the Mobile Home
Advisory Board to fill the unexpired terms of Thomas Carmody
and Saul Krieger.
APPOINTMENTS TO TREASURE COAST REGIONAL PLANNING COUNCIL
A. Appointment of Members
Chairman Bird noted that he and Commissioner Lyons have
been serving on the Regional Planning Council for over three
years, and they both would appreciate being replaced.
Commissioner Lyons asked Commissioner Bowman if she
would agree to serve in his place, and she indicated that
she would.
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously
appointed Commissioner Bowman to serve in Com-
missioner Lyons' stead on the Treasure Coast
Regional Planning Council.
Chairman Bird reported that both Commissioner Wodtke
and Commissioner Scurlock have indicated that they would be
willing to take his place on the Regional Planning Council.
Since Comissioner Wodtke has served previously, he would
like to ask Commissioner Scurlock to serve at this time.
113
ON MOTION by Commissioner Wodtke, SECONDED by
Commissioner Lyons, the Board unanimously
appointed Commissioner Scurlock to serve in
Chairman Bird's stead on the Treasure Coast
Regional Planning Council.
B. Appointment of Alternates
Commissioner Lyons indicated that he would be willing
to serve as an alternate for Commissioner Bowman, and
Commissioner Wodtke stated that he would be willing to serve
as alternate for Commissioner Scurlock.
Chairman Bird announced the appointment of alternates
as above.
C. Appointment of Municipal Representatives to TCRPC
Commissioner Lyons noted that we need to make
arrangements to appoint a municipal representative. Mr.
Michael has been serving as alternate for the Indian River
Shores representative whose term is now up.
Administrative Aide Liz Forlani explained that the Town
of Orchid is due to furnish the municipal representative and
Sebastian the alternate.
Commissioner Scurlock noted that we made certain
commitments as to how we would rotate the municipal
representative, but he believed we had varied one time.
Mrs. Forlani informed the Board that we do have a
Resolution that outlines how the rotation should take place,
and her assistant, Mrs. White, has written to the Town of
Orchid and the City of Sebastian, explaining that they move
up into the municipal representative spot and asking if they
are interested in making an appointment. She noted that the
Commission does not appoint the municipal representatives.
114
DEC 7 1983
Poo 55 PACE 630
D E C 7 1983
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Wodtke, the Board unanimously
agreed that the Town of Orchid is to appoint
the Municipal Representative to the Treasure
Coast Regional Planning Council and the City of
Sebastian the alternate, or if they do not wish
to, the City of Vero Beach.
COMMUNITY BUILDING FOR GIFFORD AREA
Chairman Bird reviewed the following memo:
oard of
TO: BCommissionersyDecember 5, 1983 FILE:
DATE:
Attorney
Administrator
SUBJECT:
FROM: Richard N. Bird REFERENCES:
Chairman
For some time I have been working with some of the leaders
of the Gifford community in trying to assist them in adding an
additional needed facility'in the -Gifford area. One need that
they feel very strongly about is to have their own community
building which, of course, would be used for any number of civic,
social, recreational, and cultural type of uses.
I have been exploring some options in this regard and have
retained the volunteer services of a..prominent local
architectural firm to design the proposed community building.
The final design will, or course, require the dimensions of the
site upon which the building will ultimately be erected. I have
done some initial research into the availability of'properties
in the Gifford area, owned by either the county or the Gifford
Progressive League. I have been unable to locate a suitable
parcel of property and, at this time, feel that the most logical
place for the community building would perhaps be on a portion of
the Gifford Park property. This property is owned by the Town of
Indian River Shores and I would like the Commission's permission
to correspond with the Town Council to explore the possibility of
acquiring a portion of this property for the above stated
purpose.
In addition, I would also like to contact Congressmen Bill
Nelson and Tom Lewis in regard to acquiring federal grant funds
for the construction of the building. I would hope that through
several contacts in Washington, funds may be available for this
purpose. If funds are not available, I would pursue building the
building through donations of time and labor from throughout the
115
local area. Ultimately, I believe this property and building
when constructed would possibly be owned by the county and leased
back to the Gifford Progressive League for their operation and
control. Further, there may be other options we may wish to
explore.
I will be asking that this matter be added for discussion to
our agenda on Wednesday, December 7, 1983 since I will not be at
the meeting of December 21st due to my scheduled trip to New York
to sign revenue bonds.
I would appreciate your consideration of this matter at our
meeting Wednesday.
Chairman Bird clarified that all he is asking for is
permission to continue pursuing this with the Town of Indian
River Shores to see if we can open up some negotiations in
regard to a portion of Gifford Park either being sold,
donated, or leased to the County for possible use for
construction of the proposed community building.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unanimously
authorized the Chairman to pursue the above matter
with the Town of Indian River Shores.
JAIL COMMITTEE REPORT
Commissioner Lyons reported that he has met with those
members of the Jail Committee who went to South Dakota
recently. He also has met with the architect, and the
Sheriff's Department has made very extensive comments in
connection with the design of the service area, which is
intended to be sufficient for a jail of about 360.inmates so
that it will be adequate over the long term. He continued
that they are still looking at the jails in Broward County
and are trying to design a jail that will be as efficient as
possible and still minimize construction costs.
Commissioner Lyons emphasized that we must get
organized shortly on a promotion program to get information
to the public prior to election.
D E C 7 1983 116 dseg 55 rAu P39
D E C 7 1983
DISCUSSION RE WATER CONSERVATION MEASURES
Commissioner Lyons stated that he would like to ask
permission for the staff to look at some water conservation
measures, such as three gallon toilets which are used quite
extensively in some subdivisions south of here. He would
like them to investigate this and come back with a
recommendation about the possibility of changing our
Building Code.
The Board had no objections.
DISCUSSION RE PRESERVATION OF DRAINAGE PONDS
Commissioner Lyons noted that we continually have new
residents arriving in the county, who do not understand some
of the things inherent in life in Florida, i.e., drainage
ponds and our system of drainage. He, therefore, would like
to have us consider setting up an ordinance to make it
against the law for a contractor to fill swales or drainage
ponds which were actually part of the drainage system on the
original site plan. Commissioner Lyons requested that the
Attorney look into this and bring back a recommendation.
PROPOSED RESOLUTION OPPOSING FEDERAL TAKEOVER OF CABLEVISION
FRANCHISES
Commissioner Lyons believed there are some Congressmen
who would like to get the counties out of the business of
franchising cablevision, but when you look at some of the
problems we have had, unless we have the opportunity to
exercise some kind of control over local operators, he
believed we will have even more problems. Commissioner
Lyons, therefore, proposed we have a Resolution opposing any
loss of our control over cablevision franchises.
MOTION WAS MADE by Commissioner Lyons, SECONDED
by Commissioner Bowman, to authorize the Attorney
to prepare a Resolution opposing loss of County
control over cablevision franchises.
117
Commissioner Wodtke had mixed emotions. He suggested
using some of the money generated from the franchise fees to
see if there is a service available where we could go in and
review their system annually to see how they are operating.
Commissioner Bowman believed these companies know how
to give decent service, but felt it is mainly a question of
how much they are willing to invest in these small areas.
Some discussion ensued regarding the advent of dish
antennas and a possible change in the competitive situation,
and Commissioner Lyons pointed out that no matter how this
service is provided, when the customer is dissatisfied, they
will come to us and he did not feel we should be shut out
completely.
THE CHAIRMAN CALLED FOR THE QUESTION.
It was voted on and carried unanimously.
DISCUSSION RE DEEP WELL INJECTION
Commissioner Bowman reported that she received a phone
call from someone in Indialantic, and it seems that there
are quite a few in Brevard County who are unhappy with deep
well injection, which they feel is still in the experi-
mental stage. There is some feeling that the head of the
Department of Community Affairs thinks the alternate way to
dispose of sewage is by deep well injection. Commissioner
Bowman believed there is a St. John's River Water Management
Meeting coming up soon and continued that it has been
requested that we write another letter voicing our
opposition to deep well injection.
DEC '71993
MOTION WAS MADE by Commissioner Bowman, SECONDED
by Commissioner Lyons, that the Chairman be autho-
rized to write another letter to Brevard County
voicing our opposition to deep well injection.
118
BOOK V
.55 PAC-EF94
J
-DEC 7 1983 55 rmcf F35
Discussion followed regarding the fact that Indian
River County already has one deep well injection project,
and Commissioner Bowman stated that is different in that it
only involves injection of by-products from the pectin
manufacturing process, not sewage.
Chairman Bird commented that he personally attended
the -earlier meeting in Brevard County at which he presented
our Resolution opposing deep well injection and was
embarrassed to discover that we already have deep well
injection here. He further noted that after some of the
seminars we have had, he is not as totally opposed to deep
well injection as he was, especially since our Utility
Director has convinced him that we may see this method used
in the future and there may be worse alternatives.
Utilities Director Terry Pinto explained that they are
not proposing the injection of raw sewage. The sewerage
treatment has to be of a much higher degree than if they
were to dump it into the ocean and in fact, would involve
tertiary treatment to afford the choice of irrigating with
it or injecting it; they are proposing that what can't be
used for irrigating will be injected.
Commissioner Bowman stated.that she would prefer it on
the golf course and further noted that they would be
injecting this where it never can be recovered.
Mr. Pinto pointed out that the other alternative was
pumping back to the mainland into the marsh area and the
environmental group was totally against that proposal.
Commissioner Scurlock noted that deep well injection is
an extremely expensive method of disposal and actually is
always an area of last resort.
Mr. Pinto agreed because the water quality has to be
such that it will be better than what it is being injected
into - what they are injecting will be much cleaner than
what is there.
119
Commissioner Lyons still had his doubts.
THE CHAIRMAN CALLED FOR THE QUESTION to send a
letter opposing deep well injection. It was voted
on and denied 4 to 1 with Commission Bowman voting
in favor of the Motion.
Commissioner Scurlock suggested that a letter could be
written stating that while we do not officially oppose the
deep well injection system, we have serious questions and
look for additional documentation to support a stand either
for or against this process. -
ON MOTION by Commissioner Lyons, SECONDED by
Commissioner Bowman, the Board unanimously
authorized the Chairman to write a letter as
suggested by Commissioner Scurlock.
PROCLAMATION DESIGNATING DRUNK AND DRUGGED DRIVING AWARENESS
WEEK
The Chairman requested that the above proclamation be
added to the agenda.
ON MOTION by Commissioner Lyons, SECONDED
by Commissioner Scurlock, the Board unanimously
approved the addition of the above emergency item
to the agenda.
Chairman Bird read the following Proclamation aloud:
120
Sao55 F -AU P3
I
DEC 7 1983 W 5.5 PACE C37
PROCLAMATION
WHEREAS, driving under the influence of alcohol or
controlled substances (DUI) results in thousands of needless
fatalities and crippling injuries each year on Florida's highways;
and
WHEREAS, state-wide awareness of this problem is
increasing as demonstrated by recent activities of an Alcohol and
Highway Safety Task Force and a Public Information and Education
Task Force; and
WHEREAS, the driving public of the State of Florida
must become better informed of the seriousness of this problem,
together with the provisions and penalties of Florida's DUI Law;
and
WHEREAS, the Florida Highway Patrol and local law
enforcement agencies are increasing their efforts to reduce the
incidence of driving under the influence on our highways; and
WHEREAS, the Florida Bureau of Highway Safety is
providing assistance in the development of community-based compre-
hensive traffic safety programs with DUI emphasis; and
WHEREAS, various citizen advocacy groups are increas-
ing their efforts to spread awareness of the need to eliminate
this tragedy in Florida; and
WHEREAS, the use of alcohol or controlled substances
while operating motor vehicles can be best combatted by local
communities, where each citizen may become more keenly aware of
the problem of DUI•and the consequences_ both in terms of human
life and criminal penalties; and
WHEREAS, the State of Florida has by resolution
proclaimed the week of December llth as DRUNK AND DRUGGED DRIVING
AWARENESS WEEK IN FLORIDA.
NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that the week of
December 11 -- 17, 1983 is hereby designated as DRUNK AND DRUGGED
DRIVING AWARENESS WEEK IN INDIAN RIVER COUNTY, and all citizens.
are -urged to be more cognizant of the intoxicated driver problem
and to support efforts within the County to support the fight
against these drivers on our highways.
BOARD OF COUNTY COMMISSIONERS
OF INDIAP RIVER COUNTY, FLOR ,,,,,
h
By: L�
RICHARD N.
Chairman
Attest: r f ?J�, C
FREDA WRIGHT
Clerk
-I
The several bills and accounts against the County
having been audited were examined and found to be correct
were approved and warrants issued in settlement of same as
follows: Treasury Fund Nos. 89023 - 89350 inclusive. Such
bills and accounts being on file in the Office of the Clerk
of the Circuit Court; the warrants so issued from the
respective bonds being listed in the Supplemental Minute
Book as provided by the rules of the Legislative Auditor,
reference to such record and list so recorded being made a
part of these Minutes.
There being no further business, on Motion made,
seconded and carried, the Board adjourned at 4:35 o'clock.
P.M.
Attest:
Clerk
DEC 7 1983
122
r
Chairman
poop 55 fay