HomeMy WebLinkAbout8/27/1980AUG 2 7198®
Boox 44 PAcc 413
WEDNESDAY, AUGUST 27, 1980
THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY;
FLORIDA, ACTING AS THE BOARD OF SUPERVISORS OF THE ROCKRIDGE SUBDI-
VISION STREET LIGHTING DISTRICT MET AT THE CITY HALL COUNCIL CHAMBERS,
1053 20TH PLACE, VERO BEACH, FLORIDA, ON WEDNESDAY, AUGUST 27, 1980,
AT 6:26 O'CLOCK P.M. PRESENT WERE WILLARD W. SIEBERT, JR., CHAIRMAN;
R. DON DEESON, VICE CHAIRMAN; ALMA LEE Loy; WILLIAM C. WODTKE, JR.;
AND PATRICK B. LYONS. ALSO PRESENT WERE GEORGE G. COLLINS, JR.,
ATTORNEY TO THE BOARD OF COUNTY COMMISSIONERS; .JEFFREY BARTON,
FINANCE OFFICER; AND VIRGINIA HARGREAVES, DEPUTY CLERK.
CHAIRMAN SIEBERT CALLED THE MEETING TO ORDER AND ANNOUNCED
THAT THE PURPOSE OF THIS MEETING IS TO APPROVE THE PROPOSED MILLAGE
FOR 1980-81.
ON MOTION BY COMMISSIONER WODTKE, SECONDED BY COMMIS-
SIONER LYONS, THE BOARD UNANIMOUSLY APPROVED A MILLAGE OF 0.65711
FOR ROCKRIDGE SUBDIVISION STREET LIGHTING DISTRICT FOR 1980-81.
THERE BEING NO FURTHER BUSINESS, ON MOTION MADE, SECONDED
AND CARRIED, THE BOARD OF SUPERVISORS OF THE ROCKRIDGE SUBDIVISION
STREET LIGHTING DISTRICT ADJOURNED AT 6:27 O'CLOCK P.M.
ATTEST:
CLERK
i•
CHAIRMAN
L�
THE BOARD OF COUNTY COMMISSIONERS RECONVENED AT 6:28 O'CLOCK
P.M. WITH THE SAME MEMBERS PRESENT.
DISCUSSION ENSUED WITH REGARD TO NOTIFYING THE PROPERTY
APPRAISER OF THE MILLAGES AND SETTING DATES FOR HEARINGS ON THE
TENTATIVE BUDGET.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
LYONS, THE BOARD UNANIMOUSLY AGREED TO NOTIFY THE PROPERTY APPRAISER
OF THE APPROVED MILLAGES AND TO SET THE FIRST HEARING ON THE TENTATIVE
BUDGET FOR -MONDAY, SEPTEMBER 29, 1980, AT 5:01 P.M. IN THE CITY
COUNCIL CHAMBERS, AND THE FINAL BUDGET HEARING FOR THURSDAY, OCTOBER 2,
1980, AT 5:01 P.M. AT THE CITY COUNCIL CHAMBERS AND TO OFFICIALLY
NOTIFY THE PROPERTY APPRAISER OF THESE DATES.
ATTORNEY COLLINS NOTED THAT WE WILL HAVE TO HAVE SOMEONE
CALL EACH OF THE TAXING AUTHORITIES AND TELL THEM TO SET UP THEIR
MEETINGS FOR THE 30TH OF SEPTEMBER SO WE ALL WILL BE CONSISTENT AND
WE CAN AVOID ONE COMING IN LATE.
FINANCE OFFICER BARTON STATED THAT HIS OFFICE MADE THE
INITIAL CALLS YESTERDAY, AND THEY CAN GIVE THE SECOND REMINDER.
JOINT MEETING WITH CITY COUNCIL RE DRAINAGE STUDY, PHASE 1
CHAIRMAN SIEBERT DISCUSSED HOLDING THE PROPOSED JOINT
MEETING WITH REYNOLDS, SMITH & HILLS RE THE JOINT DRAINAGE STUDY ON
THE EVENING OF WEDNESDAY, SEPTEMBER lOTH1BECAUSE HE HOPED THAT THE
SOUTH COUNTY FIRE DISTRICT PASSES THE REFERENDUM, AND THEN THE BOARD
COULD ALSO THE SAME NIGHT MEET AS THE GOVERNING BOARD OF THE FIRE
DISTRICT AND APPROVE AN AGREEMENT WITH INDIAN RIVER SHORES.
COMMISSIONER WODTKE INFORMED THE BOARD THAT HE HAS A MEETING
OF THE MENTAL HEALTH DISTRICT.BOARD IN PALM BEACH AT 7:30 P.M. TONIGHT
AND WISHED TO BE EXCUSED. HE LEFT THE MEETING AT 6:30 P.M.
ASSISTANT ADMINISTRATOR NELSON REVIEWED THE FOLLOWING
SCHEDULE OF MEETINGS WITH THE BOARD:
SEPTEMBER 3 - WEDNESDAY - 7:00 P.M. CITY COUNCIL CHAMBERS
.JOINT MEETING WITH THE PLANNING & ZONING COMMISSION RE
UPDATE OF COMPREHENSIVE LAND USE PLAN.
67
AUG 2 71980
BOOK 44 PAG- 4l4
_I
AUG 2 71980 BOOK 44 PAGE 415
SEPTEMBER 10 - WEDNESDAY - 8:30 A.M. REGULAR COMMISSION MEETING
SEPTEMBER 11 - THURSDAY - 7:30 P.M. ROOM No. 202 - 2001 Bu'fLD'ING
.JOINT MEETING WITH CITY COUNCIL AND REYNOLDS, SMITH & HILLS
RE PHASE 1 OF ENGINEERING DRAINAGE STUDY
SEPTEMBER 29 - MONDAY - 5:01 - CITY COUNCIL CHAMBERS
PUBLIC HEARING ON TENTATIVE BUDGET
OCTOBER 2 - THURSDAY - 5:01 - CITY COUNCIL CHAMBERS
PUBLIC HEARING ON ADOPTION OF FINAL BUDGET
DEDICATION OF COUNTY PROPERTY
ATTORNEY COLLINS INFORMED THE BOARD THAT HE HAS PREPARED
TWO DEDICATIONS OF COUNTY PROPERTY, ONE RELATING TO THE ACREAGE
ADJACENT TO THE WINTER BEACH CEMETERY AND THE OTHER RELATING TO THE
BEACHFRONT PARK PROPERTY IN THE UNINCORPORATED AREA OF THE COUNTY
ADJACENT TO THE TOWN OF INDIAN RIVER SHORES. HE STATED THAT THIS
PARK DEDICATION IS LIMITED TO FIVE ACRES AND HE WOULD LIKE THE MINUTES
TO REFLECT THAT THE BOARD IS DEDICATING, THIS PROPERTY FOREVER FOR
RECREATION PURPOSES UNLESS REPEALED BY REFERENDUM.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
LYONS, COMMISSIONER WODTKE HAVING LEFT THE MEETING, THE BOARD EVIDENCED
THEIR INTENT TO DEDICATE THE FIVE ACRES OF COUNTY PROPERTY ADJACENT
TO THE TOWN OF INDIAN RIVER SHORES, AS DESCRIBED IN SAID DEDICATION,
TO THE PUBLIC IN PERPETUITY FOR RECREATIONAL PURPOSES ONLY, UNLESS
REPEALED BY REFERENDUM, AND APPROVED SAID DEDICATION.
M ® r
D E D I CAT 1 0 is
��IIIEREAS, INDIAN RIVER; COUPITY, a political subdivision of
the State of Floridi, is the owner of certain lands 1yinc; nr.d
beim; within Indian R:ive:- Cotuity, Florida, iaere particulary
described as follows:
The South one-half of Government Lot 9 less the :North
620 feet thereof, and Government Lot 10 less the
South 1070.63 feet thereof, all in Section 19, Town-
ship 32 South, Range 40 East and lying East of State
Road AlA; also the North 320 feet of the South 1390.63
feet of GovernIIent Lot 1, lying West o1 the Last
10.69 acres of Government Lot 1, Section 20, Township
32 South, Range 40 East, Indian River. County, Florida,
being more particularly described as follows: Begin-
ning at the Southwesterly corner of Pebble Peach
Development No. 2, according to the Plat file6 in
Plat Book 7, Page 83A, Public Records of Indian River
County, and running hence North 89°53'24" East,
421.88 feet along the South boundary of said Pebble
Leach Development No. 2; thence run South 0006136"
East 20.00 feet along said South boundary; thence
run North 89053'24" East, 344.23 feet to the South-
east corner of Pebble Beach Development No. 2; thence,
South 0°22'34" West, 320 feet along the best boundary
of the East 10.69 acres of said Government Lot 1,
Section 20, Township 32 South, Range 40 Last; thence,
South 89053'24" West 654.33 feet, more or less, to
the Easterly right-of-way of State Road AlA; thence
North 17°54112" I•lest, 357.06 feet, more or less, to
the Point of Beginning.
WHEREAS, it is the intention of the Board of County
;.Commissioners of Indian River County, Florida to dedicate the
above described lands for particular public purposes, that
being a public park and related services for the benefit of
the citizens of Indian River County and unto the general public
in perpetuity for recreational purposes only.
WHEREAS, it is the further intention of the Board of
County Commissioners of Indian River County, Florida to require
a county -wide referendum by all registered electors entitled
to vote at the time of said referendum to alter, amend, or
otherwise change the provisions of this dedication with respect
to the above described real property.
NOW, THEREFORE.;, by the approval and recording of this
dedication the undersigned, Board of County Cormiissioners of
of. Indian River County, does hereby dedicate the above described
. AUG 2,711-980 Box 44 Pacc �16
N
F,
AUG 2 7.1984
BOOK 44 %E417 }
land for a public park and related services for the benefit E
of the citizens of Indian River County, and +into ,the.(�pn.eral
1
' t
public in perpetuity for recreational purposes only subject to
E
existing temporary use, and that a county -wide referendum by
s
all registered electors entitled to vote at the time of said
referendum be required to alter, amend, or otherwise change
the provisions of this dedication with respect to the above
described real property.
Attest:
/' /L
Freda ;9ri41-i—t, C1;e k
Adupti,d: Atigiist 27, 1980
BOARD OF COUNTY COMMISSIONERS
OF I14DIAN RIVER COUNTY, FLORIDA
i
By /
Willard Y3. Sieb rt, Jr., Chairman
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
DEESON, COMMISSIONER WODTKE HAVING LEFT THE MEETING, THE BOARD
EVIDENCED THEIR INTENT TO DEDICATE THEIR 17 ACRES ADJACENT TO THE
WINTER BEACH CEMETERY, AS DESCRIBED IN THE FOLLOWING DEDICATION, FOR
CEMETERY PURPOSES FOR THE BENEFIT OF THE CITIZENS OF INDIAN RIVER
COUNTY, AND APPROVED SAID DEDICATION,
AUG 2 71980
L
71
BOOK 44 emu 418
I
F -
AUG 2 71980
Boa 44 PA, -,-419
D E D I C A T I O N
IMEREAS, I14DIAN RIVER COUNTY, a political subdivision
of the State of Florida, is the owner of certain lands lying
and being within Indian River County, Florida, more particularly
described as follows:
That part of Tracts 25 and 26 lying East of
Lateral "G" Canal, less the West 30' thereof
to be reserved for road and utility purposes.
Also Tracts 27 and 23, less Brumley Acres, as
recorded in Plat Book 3, Page 79, Public Records
of Indian River County, Florida, all lands
lying and being within Indian River County,
Florida.
WHEREAS, it is the intention of the Board of County
Coumissioners of Indian !river County, Florida, to dedicate
the above described lands for cemetery purposes and cemetery
related services for the benefit of the citizens of Indian
River County.
NOW, THEREFORE, by the approval and recording of this
dedication the undersigned, Board of County Commissioners of
Indian River County, does hereby dedicate the above described
land as a cemetery and for cemetery related services for the
benefit of the citizens of Indian River County.
ATTEST:
Frcda Wright, C� rk
Adopted: August 27, 1980
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA.
/ � l
By:
f711lar /W. Sie ert, C1 Aman
-I
OUT -OF -COUNTY TRAVEL - COMMISSIONER LYONS
COMMISSIONER LYONS REQUESTED PERMISSION TO ATTEND THE
STATE ASSOCIATION OF COUNTY COMMISSIONERS CONFERENCE.
ON MOTION BY COMMISSIONER Loy, SECONDED BY COMMISSIONER
DEESON, COMMISSIONER WODTKE HAVING LEFT THE MEETING, THE BOARD APPROVED.
OUT -OF -COUNTY TRAVEL FOR COMMISSIONER LYONS TO ATTEND THE STATE
ASSOCIATION OF COUNTY COMMISSIONERS CONFERENCE IN .JACKSONVILLE,
OCTOBER 7-11, 1980.
APPLICATION FOR FINANCIAL ASSISTANCE FROM THE LOCAL GOVERNMENT
COMPREHENSIVE PLANNING ASSISTANCE PROGRAM
COMMISSIONER LYONS INFORMED THE BOARD THAT THERE IS A
POSSIBILITY WE CAN GET SOME MONEY FROM THE STATE IN CONNECTION WITH
THE COMPREHENSIVE PLAN IF WE ADOPT A RESOLUTION AND MAKE APPLICATION
BY THE 29TH.
ON MOTION BY COMMISSIONER LYONS, SECONDED BY COMMISSIONER
LOY, THE BOARD UNANIMOUSLY ADOPTED RESOLUTION 80-86 MAKING APPLICATION
TO THE DEPARTMENT OF COMMUNITY AFFAIRS FOR PLANNING ASSISTANCE RE
THE COMPREHENSIVE PLAN,
73
AUG 2'7 1980
Boa 44 PAGE 490
AUG 2 71980
BOOK 44 �'AGE 421
RESOLUTION NO. 80 - 86
WHEREAS, the BOARD OF COUNTY COMMISSIONERS OF INDIAN
RIVER COUNTY, FLORIDA, has recognized the need to provide for
orderly growth and management as contemplated by the passage
of the Florida Local Government Comprehensive Planning Act,
and
WHEREAS, the State of Florida has recognized the
need to assist local governments in meeting the requirements
of this act, and
WHEREAS, the Florida Legislature has charged the
Department of Community Affairs with administering the Local
Government Comprehensive Planning Assistance Program,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that
the Board of County Commissioners of Indian River County,
Florida, requests the Department of Community Affairs to
include Indian River County's application among those request-
ing financial assistance from the local GoYerment Comprehensive
Planning Assistance Program for the 1980-1981 program year.
Furthermore, the Board of County Commissioners of Indian River
County indicates its commitment to comply with the appropriate
and applicable state and local laws and regulations for the
administration of the program, including, but not limited to,
necessary matching funds, funding only eligible planning
activities, etc., which are more fully described in Chapter
9 B-5, Florida Administrative Code.
Said Resolution shall become effective as of the
27th day of August , 1980.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
By A� /
�r�e // je�ZZ
ATTEST:.44,
Willard W. Siebert, Jr.,
ji/ Chairman
__ Freda i•J.r_ ight, Clem..)
RESOLUTION 80-79 IS HEREBY MADE A PART OF THE MINUTES
AS APPROVED AT THE REGULAR MEETING OF AUGUST 13, 1980,
RESOLUTION NO. 80-78
WHEREAS, the problems and public nuisances together
with the threat to the public health, safety, morals and welfare,
presented by the existence of pornography outlets and material,
has been well documented by the experiences of several Counties
within the State of Florida and the Country as a whole; and
WHEREAS, the Board of County Commissioners of Indian
River County, Florida, recognizes and approves of all State
Statutes prohibiting and/or restricting the dissemination
of pornography outlets and material; and
WHEREAS, the Board of County Commissioners of Indian
9 River County, Florida specifically find that pornography and
pornography outlets and material are detrimental to the public
safety, morals and welfare of the citizens of Indian River
County, Florida;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA:
That the Board of County Commissioners is in full support
of all State laws prohibiting and/or restricting the dissemination
of pornography outlets and material and expresses its desire
to all State and Local law enforcement authorities that all
such laws should be strictly enforced within the boundaries
of Indian River County, Florida.
This resolution shall take effect immediately.
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY, FLORIDA
oe
By:
Wi lar L". Siebert, Ch an
Attest:
Fred aRrig it, CT rk
Adopted: August 13, 1980
BOOK
AUG 21 1980
44 PA,2422
AUG 2 71980 q
BOCK 44 PAGE423
AGREEMENT WITH THE CITY OF VERO BEACH IN REGARD TO
CREATION OF THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT IS HEREBY
MADE A PART OF THE MINUTES AS APPROVED AT THE REGULAR MEETING OF:
JULY 30, 1980,
76
CA
-
78-4-80
8-20-80
A G R E E M E N T
THIS AGREEMENT, made and entered into this 19th day of
August , 1980, executed in duplicate (each executed copy
constituting an original) by and between the CITY OF VERO BEACH,
FLORIDA, hereinafter called the "City", and INDIAN RIVER COUNTY,
FLORIDA, a political subdivision of the State of Florida, here-
inafter called the "County".
WITNESSETH:
WHEREAS, the City and County have expressed their desire to
unite their efforts and resources in order to form a unified fire
district to provide the south county area with fire protection; and
WHEREAS, both parties intend to pass a duly -enacted ordinance
formally expressing their intent to participate in and form the
SOUTH INDIAN RIVER COUNTY FIRE DISTRICT (hereinafter called the
"District"); and
WHEREAS, the parties agree that a written agreement defining
their respective rights and responsibilities regarding the formation,
operation and possible dissolution of the District is necessary,
NOW, THEREFORE, in consideration of the mutual covenants
contained herein, the parties agree as follows:
1. SEPARATE & DISTINCT ENTITY.
The formation of the SOUTH
INDIAN RIVER COUNTY FIRE DISTRICT shall give birth to a distinct and
viable legal entity. Accordingly, the District shall have the power
to sue and .be sued, and therefore shall avail itself of liability
limits for those liabilities as provided in Chapter 95, Florida
Statutes. In addition, the District shall have the power to purchase,
receive, lease or otherwise acquire real and/or personal property,
to make contracts and incur legal liabilities, to levy an authorized
millage, borrow and expend money and issue bonds, revenue certifi-
cates and other obligations of indebtedness as provided by law now
and in the future, and generally to transact all lawful business
and exercise all lawful powers to effect the purpose of the formation
of the District.
am 44 PACE 424
L_ AUG 2 71980
,
AUG z 71980 BOOK 44 PAA25
2. DISTRICT BOUNDARIES. The geographical area of the
District shall be as follows:
All of the Township 30 South and Township 31 South lying
East of the West bank of the Indian River, excepting all
lands lying; within the Town of Orchid and the Town of
Indian River Shores; said lands all located and limited
to Indian River County, Florida; and all of Township 32
South and Township 33 South lying East of Interstate
Highway 95, excluding the Town of Indian River Shores,
and including the municipal boundaries of the City of
Vero Beach; said lands all located in and limited to
Indian River County, Florida.
3. GOVERNING BODY. The governing body of the special district
shall be comprised of the five County Commissioners of Indian River
County who shall be referred to as the "District Board of Fire
Commissioners". Three (3) members of the governing body shall con-
:,t1tute a quorum. The affirmative vote of three (3) members of the
governing body shall be necessary to pass any resolution, motion, or
other lawful act.
4. SOUTH COUNTY ADVISORY COMMITTEE. There is hereby created
a seven member South County Fire District Advisory Committee which
shall be comprised of the chairman and vice chairman of the County
Commission; the Mayor and Assistant Mayor of the City Council of the.
City of Vero Beach; and two members from the public at large, one
member to be appointed by the Indian River County Board of County
Commissioners, and one member to be appointed by the City Council of
the City of Vero Beach; and one member who shall be the then President
of the Vero Beach Volunteer Fire'Department, Inc.. Although the
Committee is advisory in nature, the parties hereby'.
ereby express their
intent and desire that any and all recommendations, work product and
suggestions submitted by the Advisory Committee be given serious
consideration by the governing body.
5. REAL PROPERTY.
A. The City shall lease to the District the following
described parcels of real property and buildings, fixtures and
structures situated thereon:
1. Station #1 (Downtown Station), which is situated on
a parcel of land more particularly described as
follows:
- 2 -
Lots 13 thru 16 inclusive, Block 48, City of Vero
Beach Subdivision, formerly Original Town of Vero
Subdivision.
The parties contemplate the relocation of the Downtown site to
a parcel of city -owned land in the vicinity of 16th Street and Old
Dixie Highway. Upon relocation, the City will lease said parcel of
land to the District.
2. Station #2 (Beach Station), which is situated on
a parcelofland more particularly described as
follows:
A plot of land approximately 160' x 120' in
Government Lot 2, SEC 31 Twp 32S Rng 40E.
160' + along the N. line adjacent to Libra of
Vero beach, Inc. property; 120' + along Bridge
Plaza Road; 160' + along Beachland Blvd. R/W;
.400' + along the river edge.
3. Station #3 (Airport Station), which is situated on
a Parcel of land more particularly described as
follows:
From the SW corner of Tract 13, SEC 34 Twp 32S
Rng 39E run N. along the section line a distance
of 1,180'; thence at right angles to said section
line run E. a distance of 75' to a Point of
beginning on.the E. right-of-way of 43rd Avenue;
from said point of beginning continue E. a
distance of 474'; thence run N. a distance of 250';
thence run W. a distance of 474' to said E. right-
of-way; thence run S. along said E. right-of-way
of 43rd Avenue a distance of 250' to the point of
beginning. Less all existing rights-of-way or
easements of record.
The parties agree that the District shall assume the rental
payments for the Airport Fire Station currently paid by the City to
the municipal airport. The District shall pay the annual base rent
of $3,640.00, plus annual adjustments thereon. Said annual adjust-
ments are made on October 1 of each year, and calculated according
to the Consumer Price Index formula contained in City of Vero Beach
Resolution #2806.
In the event the City is legally precluded from leasing the
Airport Fire Station, equipment and personal property therein to
the District, the City agrees to contract with the District to furnish
the same for a nominal fee and under conditions to be agreed upon in
a separate agreement. However, fire protection and related services
will be provided by the District.
B. The County shall lease to the District two (2) parcels
of county -owned land; one (1) parcel located in the vicinity of Oslo
Road and one (1) parcel located in the ,linter Beach area.
- 3 -
AUG 2 71980
aou 44 PAGE 426 .
AUG 2 71990
BOOK 44 PAGE 427
The City and County shall lease the above-described property
to the District for the sum of One Dollar ($1.00) per year as long ,,,,_j...
as the District retains its identity and composition as defined
herein and uses the leased property for fire protection and related
services, including but not limited to ambulance and rescue services.
The parties shall enter into separate lease agreements regarding
each parcel after the formation of the District.
6. INVENTORY AND INDEBTEDNESS. The City shall convey free of
charge the following; designated city -owned vehicles, fire fighting
equipment and related personal property, to the District October 1,
1980, subject to the lawful formation of same:
(A list of city -owned vehicles and vehicles furnished by
the Vero Beach Volunteer Fire Department, Inc., is
attached hereto as Exhibit "A", and is made a part of
this agreement. Exhibit "A" will be amended to include
additional city -owned fire fighting equipment and
miscellaneous personal property associated therewith).
The District shall assume and become legally obligated for the
outstanding liens, encumbrances and/or indebtedness attached to each
item conveyed by the City. The total indebtedness to be assumed by
the District for each item conveyed is evidenced in Exhibit "A",
attached hereto. The District shall execute any and all documents
necessary for the legal assumption of said indebtedness.
The parties hereby agree that the District is authorized to
accept conveyance of certain equipment currently titled in Vero
Beach Volunteer Fire Department, Inc..
7. SPECIAL AIRPORT EQUIPMENT. The District shall be re-
imbursed by the City for expenses and costs for specialized equipment,
maintenance, supplies, training and/or personnel necessary for
adequate fire protection unique to the airport property.
8. ADMINISTRATION. The City shall provide general admini-
stration services for the District for an initial period of five (5)
years from the date of the formation of the District, unless other-
wise agreed in writing by the parties. The District may contract
with the City to furnish said administrative services beyond the
initial five (5) year period pursuant to a separate written agree-
ment duly executed by the City and the District. For the purposes of
this provision, general administrative services shall include the
following:
Exhibit "A" to Agreemcnt
- between Counted City
ereacti.rr�;
thellWh Indian
River County Firc District
Vi:11ICr,1:S •047Nr D ATID 01•CILATrD BY T11i:
CITY 01' V1 -1'R0 }3FMi1 FIRE DEPART11MIT
owNrr) vnjTcr.I;s
INDEBTEDNESS as' of July 25,-19800
One (1) 1978 Hack Truck $0,454.30
one (1) 1980 Mack Truck (to be delivered in.- $53,399,30
November, 1980)
x This vehicle is titled in the Vero Beach Volunteer Fire Department,
Inc.. The conveyance of said vehicle to the District will be made
pursuant to a separate agreement between the District and Vero Beach
Volunteer Fire Department, Inc.
The City shall transfer the above -listed "Leased Vehicles" to the.
District subject to prior written 7pproval of the.respective lessors,
The transfer of the "Leased Vehicles" shall be accomplished by -a
lawful assignment of the leases therefor, whereupon the District
shall assume all rights and obligations as defined in said leases.'
AUG 2 71980
80 OK 44 FACE 428
.'
CITY
.BUR
YEAR
TRADE. 1r/0.1.1F.
IM
--
ID or. SI:1:IAL Q
--
i978
^Mack r
Punper
U685F).21950
El
1979
Ford
Truck
C6IBVIAS488 x
R2
1974
Chevrolet
Fescue Truck
CU334A174459
R1
1970
Ford
Pamper
C9ILVJ00070
E3
1967
Ford
Truck
F60DCB60602
B4
1.969
Ford
Truch :
F35YNF71 GG6
1t5
L7
19.55
Ford
R,rper
F75J51I7.0108
195.9.
LaFrance
Punper.
K62581966
B8
1977
Chevrolet
0oorSedan
1X60117T1G4460
C10
1975
Ford Courier.
Truck
SGTAk1143'/53
1964
Chevrolet
Truck.
41"144AI13390
02
1973
Chevrolet
Tanker/Pumper
CCE663VI69486
T13
1976
Chevrolet
Tan1_cr/Pumper
CCE666VI45475
FR14
1.971
Ford
Yruc):
1 G11)Cl.GI93G
B18 ,
LEASED FHICLES
HERTZ CORPOWIRION
1980
Chevrolet'
2 Dr. Sedan
N271LAN423379
FC -6
II & 1i LE?STNG, INC.
1980
Honda
2 Dr. Sedan
SLCIO19736
F-9
1900
Honda Civic
2 Dr. Sedan
SLA102.1779
FC -16
INDEBTEDNESS as' of July 25,-19800
One (1) 1978 Hack Truck $0,454.30
one (1) 1980 Mack Truck (to be delivered in.- $53,399,30
November, 1980)
x This vehicle is titled in the Vero Beach Volunteer Fire Department,
Inc.. The conveyance of said vehicle to the District will be made
pursuant to a separate agreement between the District and Vero Beach
Volunteer Fire Department, Inc.
The City shall transfer the above -listed "Leased Vehicles" to the.
District subject to prior written 7pproval of the.respective lessors,
The transfer of the "Leased Vehicles" shall be accomplished by -a
lawful assignment of the leases therefor, whereupon the District
shall assume all rights and obligations as defined in said leases.'
AUG 2 71980
80 OK 44 FACE 428
AUG 2 71980
A.
VIM
General accounting.
Payroll accounting.
Box 44 PAGE 429
C. Procurement, requisition, maintenance and storage of
equipment, inventory and personal property used by the
District. All such equipment, inventory and personal
property shall be procured by and in the name of the
District and at the direction and under the control of
the governing body.
D. Negotiate for all insurance coverage for District, in-
cluding general liability, fire coverage, automobile
coverage, workmen's compensation, employee fringe benefit
package, etc..
E. Administer all personnel matters, including hiring,
processing, terminating employees, and maintaining
personnel records. In order to facilitate the City's
handling of personnel matters, the City's Personnel Rules
& Regulations shall be applicable to the District employees
until otherwise agreed to in writing by the parties; not-
withstanding any provision in the City's Personnel Rules
& Regulations to the contrary, no preference shall be
accorded city residents in hiring District employees.
F. Administer the Pension Plan of the District's employees and
insure fiscal soundness of the Plan by contracting for
actuarial studies as needed and administer the investment
program to insure the fiscal integrity of the Plan. The
District shall pay all costs associated with administering
the actuarial soundness of the Pension Plan, including the
costs for all actuarial and fiduciary services therefor.
The City shall retain sole authority and control over
said Pension Plan as long as it is obligated to administer
said Plan.
G. Provide routine legal services, including advice during
bargaining sessions and the labor negotiation process;
drafting routine contracts; counsel to the City Admini-
stration with reference to routine administrative legal
problems.
The City shall
not perform extraordinary
legal
services
on behalf of the
District. Extraordinary
legal
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services shall include, but are not limited to, drafting
contracts for the construction of fire stations, representing
the District in any type of litigation or at extraordinary
administrative hearings, and legal services associated with
bond matters, grant applications and procurement. The
parties agree that the District may contract for extra-
ordinary legal services when the need arises.
H. The cost of processing major grant applications shall be an
expense charged to the District.
I. The District shall bear all costs associated with the hiring
of an independent auditor.
9. GENERAL ADMINISTRATIVE CHARGES. The City shall be com-
pensated by the District for the actual cost of rendering general
administrative services according to the following schedule:
The first years` administrative charge to the District for and
in anticipation of the addition of. two (2) fire stations (totalling
five (5) district stations) shall be the sum of $104,832 in current
dollars. This sum compounded at six percent (6%) quarterly increases
over the initial five (5) year period to the annual sum of $142,000.
The sum of $142,000 shall be the maximum administrative charge to the
District for the initial five (5) year period under the five (5)
station concept.
The first years' administrative charge to the District for and
in anticipation of the addition of three (3) fire stations (totalling
six (6) district stations) shall be the sum of $121,680 in current
dollars. This sum compounded at six percent (6%) quarterly increases
over the initial five (5) year period to the annual sum of $164,000.
The sum of $164,000 shall be the maximum administrative charge to the
District for the initial five (5) year period under the six (6)
station concept.
The administrative charge to the District will be evaluated
annually by the City at budget review sessions, which may result in
an adjustment of the previous years' administrative charge. However,
the above -referenced maximum administrative charges will not be
exceeded during the initial five (5) year period.
10. FIRE HYDRANTS.
AUG 2 71980
The District shall pay the City and the
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BOOK 4 4 PAGE 430
AUG 2 71980
Boa 44 PAGE 431
County the sum of $75.00 annually for each hydrant owned by the
respective parties located in the District's boundaries. Said
sum constitutes the total cost of operation, maintenance and
replacement of said hydrants. The City and County may install addi-
tional hydrants within the District's boundaries as needed, and shall
receive from the District the $75.00 annual payment for each addi-
tional hydrant.
11. LABOR AGREEMENT. Both the City and County acknowledge the
existence of the labor agreement executed by and between the City and
Local #2201, International Association of Firefighters, on October 1,
1979, which remains in effect until September 30, 1981. The parties
hereby agree that the District shall ratify said agreement and honor
any negotiated matters.agreed upon between the City and Firefighters.
The parties also acknowledge that Local Union #2201 is the authorized
bargaining unit for the Firefighters. Accordingly, the parties agree
that the District will recognize the said bargaining unit unless or
until said bargaining unit is lawfully decertified or until another
bargaining unit is lawfully certified to represent the Firefighters.
The District reserves the right to accept or reject a newly certified
bargaining unit.
12. DISSOLUTION. The governing body of the District may
initiate proceedings to dissolve the District in accordance with the
following procedure:
A. The governing body shall first pass a duly -enacted ordi-
nance evidencing its intent and desire to dissolve the District.
The governing body shall conduct a minimum of two (2) public hearings
before voting on the proposed ordinance. In addition, a' detailed
position paper regarding the issue of dissolution shall be furnished
by the Advisory Committee and given due consideration by the govern-
ing body.
B. The duly -enacted ordinance shall be submitted to and
approved by the qualified voters of the District as a condition
precedent to the lawful dissolution of the District. Said referendum
shall be conducted at the Counties next scheduled election or a
special election prior to the next regular election. In any event,
the referendum shall be held no earlier than thirty (30) days
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after the passage of the ordinance
In the event the referendum
fails, the governing body shall not attempt to pass another
ordinance proposing to abolish the District for one (1) year from
the date of said referendum.
C. In the event the District is voluntarily dissolved as
prescribed herein, or involuntarily dissolved by Special Act or by
the Secretary of State pursuant to Chapter 165, Florida Statutes,
or otherwise, all inventory, equipment and real property, owned,
leased or licensed to the District shall be disposed of in the
following manner:
(1) All inventory, equipment, personal property and
other supporting equipment located in each fire station
within the corporate limits of the City of Vero Beach at the
time of dissolution shall be conveyed by the District to the
City. Likewise, all inventory, equipment, personal property
and other supporting equipment located in each fire station
situated outside city limits but within Indian River County
geographical limits, shall be conveyed to the County. Any
liens, encumbrances and outstanding indebtedness unique to
the personal property conveyed shall be assumed by the
respective governmental entities taking title to same,
subject to paragraph (3), below. However, in the event either
the City or County disputes the division of property and
equipment and the assumption of indebtedness associated there-
with, as defined above, the displeased party shall immediately
notify the other party in writing of its desire to negotiate
the sharing of property and assumption of indebtedness. If the
parties are unable to agree upon a mutually acceptable division
plan and assumption of indebtedness after three (3) negotiation
attempts, an arbitrator shall resolve the matter, in accordance
with paragraph 14, below.
It is the intention of the parties that the assumption of
indebtedness upon dissolution shall be accomplished in a fair
and equitable manner and that each party hereto shall assume
an equal share of the total outstanding indebtedness of the
8 BOOK 44 PAGE 432
AUG 2 71980
AUG 2 71980
BOOK
District to the extent each party is benefited.
44 PAGF.433
(2) The lease agreement executed by the City with
reference to the real property and buildings, fixtures and
structures situated thereon, shall immediately terminate upon
the dissolution of the District, thereby extinguishing the
Districts rights or interests therein.
(3) Nothing in this agreement shall preclude the
parties by mutual agreement from implementing, any lawful
plan(s) to satisfy the Districts indebtedness upon dissolution.
(4) It is the intent of the City and the County that
neither party be left without adequate fire protection upon
the dissolution of the District.
D. The parties shall implement an equitable arrangement to
protect the vested rights of the then employees of the dissolved
District.
13. RECALL. A referendum shall be held on the question of
whether the District should be dissolved upon presentation of a
verified petition signed by twenty-five percent (25'/x) of the quali-
fied voters in said District. The referendum shall be submitted to
the qualified voters of the District and shall be held at the counties
next scheduled election or a special election before the next regular
election. If the qualified voters elect to dissolve the District,
the provisions contained in paragraph 12. of this agreement, entitled
"DISSOLUTION" shall apply.
14. ARBITRATION. Any controversy or claim arising out of or
relating to this agreement or the alleged breach thereof will be
submitted to arbitration on the written request of one party served on
the other and shall be settled by the arbitration process and such
arbitration shall comply with and be governed by the Rules of the
American Arbitration Association. The parties will agree on one
arbitrator, but in the event that they cannot so agree, there shall be
three arbitrators, one named in writing by each of the parties within
ten (10) days after demand for arbitration is received, and a third to
be chosen by the two so named. If there is only one arbitrator, his
decision shall be binding and conclusive on the parties. If there are
three arbitrators, the decision of any two'shall be binding and
_9 M
I
conclusive.
15. TERM. This agreement shall become effective upon the
execution of same by both parties, subject to voter approval of the
creation of said District and taxing powers associated therewith.
This agreement shall become null and void in the event the qualified
voters reject the referendum authorizing the creation of said
District.
16. AMENDMENTS. This agreement may not be amended or modified
except by an agreement in writing duly executed by the parties hereto.
IN GIITNESS WHEREOF, the City of Vero Beach, Florida, and Indian
River County, Florida, have caused this agreement to be signed in
duplicate originals by the Mayor and attested to by the City Clerk,
and by the Chairman of the Board of County Commissioners and attested
to by its Clerk.
ATTEST:
CITY OF VERO BEACH, FLORIDA
c,o-MCA By
P yNeuberger,on cur oc , Jr.—,
Bayo
City Clerk
ATTEST:
Freda Wright, C r
Approved as to content:
A, A
Wayne McDonough,—
Acting
c onoug ,Acting City Attorney
G ge o ins, Jr.,
Attorney to Board of
County Commissioners
(SEAL)
INDIAN RIVER COUNTY, FLORIDA
By
airman, oa o ounty
Commissioners
Adopted by Board of County Con dssioners
July 30, 1980
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AUG 2 71980
(SEAL)
BOOK 44 PA -WE 434
AUG 2 71980 Baox 44 PAGE 435
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. 66860 — 67041 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 6:45 O'CLOCK P.M.
ATTEST:
li *h a dr=�
CLERK
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