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HomeMy WebLinkAbout6/15/1983Wednesday, June 15, 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, June 15, 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 Michael J. Wright, County Administrator; L.S. "Tommy" Thomas, Community Services Director; Gary Brandenburg, Attorney to the Board of County Commissioners; Jeffrey K. Barton, Finance Director; Barbara Bonnah and Virginia Hargreaves, Deputy Clerks. Dr. Fred W. McClellan, First Presbyterian Church, gave the invocation. Before leading the Pledge of Allegiance to the Flag, Commissioner Wodtke asked that this being the week we honor the American Flag, we take a moment to reflect on its history. ADDITIONS TO THE AGENDA Finance Director Barton requested an item be added to today's Agenda regarding the State Revenue Sharing Application for Fiscal Year 1983-84 that must be returned to the Department of Revenue by June 30, 1983. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously added the above item to today's Agenda. JW, N 15 1983 JUN 15 1983 DdtiR Abp= 6g Commissioner Scurlock requested that Item 21.B.1, the Transportation Planning Committee report on the Gas Tax, be moved up into the morning session to follow the Public Hearing scheduled for 9:00 A.M. Chairman Bird requested an item be added to today's Agenda re the possibility of three CETA participants being assigned to the Parks & Recreation Department to assist in supervision of the summer programs at Gifford Park. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously added the above item to today's Agenda. MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Regular Meeting of June 1, 1983. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the Minutes of the Regular Meeting of June 1, 1983, as written. The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of May 25, 1983. There were none. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the Minutes 2 of the Special Meeting of May 25, 1983, as written. The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of May 26, 1983, as written. There were none. ON 140TION by Commissioner Scurlock SECONDED by Commissioner Bowman, the Board unanimously approved the Minutes of the Special Meeting of May 26, 1983, as written. CLERK TO THE BOARD A. Appeal of Pistol Permit Denial by Lawrence A Ramsey The Board reviewed the following letters dated 6/1/83 and 6/8/83: June 1, 1983 R. T. "Tiu," Dobeck, Sheriff Indian River County Vero Beach, Fla. 32960 Dear Tim: The Board of County Commissioners tabled action on a concealed weapon permit pending a recommendation from your office. -Applicant Lawrence Ramsey -was initially denied a permit on April 6th when a background investi- gation revealed several arrests that were not included.on the -permit application. Mr. Ramsey appealed the denial and was granted a public hearing on June 1, 1983. During the public hearing, he alluded to having once worked as an "undercover" agent for the Sheriff's Department. As a result, I was instructed to seek a recommendation from you on whether or not Mr. Ramsey should be issued a permit. � In addition, the Commission requested future back- ground investigations on concealed weapon applicants con tain'a synopsis of the findings as well as a recommendation on issurance of a permit. Copies of what appear to be con- fidential criminal records are currently being submitted with the background information. 3 JUN 15 1983 aor rMGE" JUN 15 1993co; For your information, I am enclosing a copy of Dir. Ramsey?s file. If you wish additional information, please advise. Sirice.reiy, M-ic iael WriSht County Administrator June 8, 1983 Board of County Commissioners County Administration Building 1840 25th Street Vero Beach, Florida 32960 Dear Sir$.: In response to County Administrator Mike Wright's letter to me, dated June 1, 1983, regarding the application of Lawrence Ramsey, I have checked with my Investigative Unit, as well as the Organized Crime Bureau and find that Mr. Ramsey is well known in these divisions, -but has not been utilized as a Confidential Informant or an undercover agent. With regard to a recommendation from me as to the issuance of Mr. Ramsey's permit, it would be out of the scope of my duties, as I do not know him personally and I can only report to the Commission our findings regarding his background. If I may be of further assistance, please do not hesitate to contact me. Sincerely, COp R. T. "Tim" Dobeck, Sheriff Indian River County Chairman Bird asked Mr. Ramsey if he had seen the letter from the Sheriff and Mr. Ramsey replied he had, and had called Paul Fafieta and Bill Baird asking that they write a letter of recommendation for him, but they said they could not as it was out of their hands. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Scurlock that the Board continue this item at the next meeting. 4 Administrator Wright reported that we had received a letter from the Sheriff saying he will not make a recom- mendation as that is out of his scope of duties. Commissioner Lyons reconsidered his Motion and asked that it be withdrawn. Commissioner Scurlock concurred. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Lyons, that the Board deny the appeal for issuance of a pistol permit to Lawrence A. Ramsey. Under discussion, Commissioner Wodtke expressed his reluctance to deny Mr. Ramsey's application to carry a concealed weapon at this particular time because Mr. Ramsey had given self defense as the reason for carrying a concealed weapon. He felt that the Sheriff should provide the Board with some recommendation as to approval or denial. Administrator Wright stated that the reason for carrying a gun was not the reason for approval or denial; the reason for denial was that Mr. Ramsey had stated on his application that he had never been arrested when, in fact, he had. Attorney Brandenburg advised that according to Ordinance the Sheriff is not required to make a recommendation. He is just required to provide background information. The Chairman CALLED FOR THE QUESTION. The Motion was voted on and carried by a 4-1 vote with Commissioner Wodtke voting in opposition. After some discussion, Mr. Ramsey was informed that he could resubmit another application, but the final 5 BOOK 53 PAGE 6 9 JUN 15 19.83 WK ` PAG determination of this particular application was that the gun permit is denied. Attorney Brandenburg advised Mr. Ramsey that apparently the Sheriff's Dept. is not supporting him in his request for a gun permit. Mr. Ramsey stated that he would go back and contact some people in the Sheriff's Department about this matter. B. Admission of Robert Lee Bryant to A. G. Holley State Hospital :r ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously granted retro -active approval of admission.of Robert Lee Bryant to the A. G. Holley State Hospital and authorized the Chairman's signature. C. Approval of Budget Amendments re Over -Budget Accounts - Circuit Court The Board reviewed the following memo dated 5/26/83: ,,To.- Board of County Commissioners From: Jeffrey K. Barton, Finance Director Subject: Over -budget Accounts May 26, 1983 The following budget amendments are needed to cover the over budget accounts due to the problem with the county having to pay for the Judge's supplies and that we do not know the legal services required each year and can only estimate at budget preparation. Account Title Account No. Increase Decrease Legal Services 001-9ai-516=33.11 9,000 Other Prof. Services 001-901-516-33.19 6,600 Office Supplies 001-901-516-35.11 400 Legal Services 001-902-516-33.11 1,000 Reserve for Contingencies 001-199-513-99.91 17,000 Balance in Reserve $233,546. 6 E-7 Finance Director Barton explained that these accounts have to do with the Circuit and County Courts, legal services and other professional services, plus office supplies in the amount of $400. He reported that this situation had resulted from cutbacks in the State's budget and these costs were now to be paid by the County. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Bowman, the Board unanimously approved the above budget amendment, as recommended by Finance Director Barton. D. Transfer of Clerk's Budget Dept. to Board of County Commissioners The Board reviewed.the following memo dated 6/8/83: June 8, 1983 �c To: Board of County Commissioners PFrom: Jeffrey K. Barton; Finance Director Subject: Transfer of Budget Department to B.C.C. The following budget amendment is needed to transfer the funds for salaries, benefits and supplies from the Clerks budget expense to the Boards expense: Account No. 001-229-513-11.12 001-229-513-12.11 001-229-513-12.12 001-229-513-12.13 001-229-513-12.14 001-229-513-34.02 001-229-513-35-11 001-229-513-35.43 001-300-586-99.01 001-229-513-11.16 001-229-513-66.41 001-199-513-99.91 Account Title Increase Regular Salaries 13,312 FICA 892 Retirement 1,455 Insurance — Health 661 Workmens Compensation 60 All Travel 500 Office Supplies 500 Meetings s Seminars 250 Budget Tran=Clerk to Board Other Compensation 600 Furniture & Equipment 500 Reserve for Contingencies Decrease 17,630 1,100 7 4 JUN 15 1983 00K 5.3 PAGE A JUN 15 198 xc;=692, Finance Director Barton pointed out in regard to the above memo that the $17,630 figure in the decrease column should be corrected to read $17,570, and that a $60.00 figure for Workers Compensation, Account #001-300-512-12.14, be added to the decrease column. He added that the figures still balance after the correction and addition. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Scurlock, the Board unanimously approved the above budget amendment with the corrections as discussed above. Y E. Approval of,Applications for a Permit to Carry a Concealed Firearm The Board reviewed the following memos dated 6/2/83: TO: The Honorable Members of DATE: June 2, 1983 FILE: the Board of County Commissioners SUBJECT: PISTOL PERMITS FROM: Michael Wright REFERENCES: County Administrator In a memorandum from Freda Wright, Clerk, dated May 31, 1983-, the following names were submitted for pistol permit renewals: Isaiah Dan Fleischman Margaret Madsen All requirements of Ordinance 82-27 which was adopted Nov. 3, 1982 have been met and are in order. It is therefore recom- mended the pistol permits for the above individuals be renewed. In the same memorandum the following name was submitted for a new pistol permit: Dorothy Demons a/k/a Dottie Sharp & Dorothy Maxine Louise It is recommended a pistol permit be denied. 8 TO: The Honorable Members of DATE: June 2, 1983 FILE: the Board of County Commissioners SUBJECT: pistol Permit FROM: Michael Wright REFERENCES: County Administrator In a memorandum from Freda Wright, Clerk, dated May 6, 1983 -the following name was submitted for a pistol permit renewal: C. Reed Knight All requirements of Ordinance 82-27 which was adopted November 3, 1982 have been met and are in order. It is therefore recommended the pistol permit for the above individual be renewed. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Scurlock, the Board unanimously approved renewal pistol permits for the following persons: Isaiah Dan Fleischman Margaret Madsen C. Reed Knight ON MOTION by Commissioner Lyons, SECONDED by Commissioner Scurlock, the Board unanimously denied a pistol permit for Dorothy Demons a/k/a Dottie Sharp & Dorothy Maxine Louise. F. State Revenue Sharing Application for Fiscal Year 1983-84 The Board reviewed the following letter dated 5/30/83: 0 BflQR �� PACE RANDY MILLER EXECUTIVE DIRECTOR r SOCK 15. fniE 94 STATE or Fi oRIDA DEPARTMENT OF REVENUE To all Units of Local Government As Addressed.: TALLAHASSEE, 323111 May 30, 1983 Subject: State Revenue Sharing Application For Fiscal Year 1983-84 Ladies and Gentlemen: Enclosed is the State Revenue Sharing Application for the fiscal year 1983-84. The application form must be completed and returned to the Department of Revenue N_0 LATER THAN JUNE 30, 1983. Section 218.26(4), Florida Statutes, states in part: "It shall be the duty of each agency and unit of local government required to submit certified in- formation to the department pursuant to the admini- stration of this act to file timely information. Any unit of local government failing to provide timely information required pursuant to the administration of this act shall, by such action, authorize the department to utilize the best information available or, if no such information is available, to take any necessary action including disqualification, either partial or entire, and shall further by such action, waive any right to challenge the department as to its share, if any, pursuant to the privilege of receiving shared revenues under this part." Each unit of local government is required to file an application in order to be considered for any funds to be distributed under the Revenue Sharing Act. A preliminary listing of estimated allocation for each unit of local govern- ment is enclosed. Also enclosed is an information bulletin on the State Revenue Sharing program. Your cooperation in this matter will be appreciated and will expedite timely distribution of revenue sharing funds. JRD/ghp Enclosure Sincerely, ohn R. Davis, Chief Bureau of Finance and Accounting AN EQUAL DPPORTUNITV/AFFIRMATIVE ACTION EMPLOYER Finance Director Barton explained that the application has to be returned to the Department of Revenue no later than June 30, 1983, and that it was all completed except for 10 the signature of the Chairman of the Board of dounty Commissioners. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously approved the State Revenue Sharing -Application for FY -1983-84 and authorized the signature of the Chairman. �4 twE 8TiT - �ry poi STATE OF FLORIDA W_<A DEPARTMENT OF REVENUE 0 �Qoe Mc aai TALLAHASSEE, 32301 RANDY MILLER EXECUTIVE DIRECTOR APPLICATION FOR REVENUE SHARING 1983 — 84 (CHAPTER 218, PART I1, FLORIDA STATUTES) Please TYPE OR PRINT all entries except those requiring a signature. PARS Name of County Indian River Name of Municipality Board of County Commissioners County Indian Rive Telephone Number 305 567-8000 (Area Code) (Number) Mayor or Chairman of Governing Body Richard N. Bird, Chairman Chief Fiscal Officer Jeffrey K. Barton Official Mailing Address 1840 - 25th Street Vero Beach, Florida ZIP 32960 ❑ Check here if the address above represents a change. PART TWO To be eligible to participate in Revenue Sharing beyond the minimum entitlement for any fiscal year, a unit of local government is required to have: 1. Reported its finances for its most recently completed fiscal year to the Department of Bank- ing and Finance, pursuant to Section 218.32, Florida Statutes. 2. Made provisions for annual post audits of its financial accounts in accordance with provis- ions of law. 3. Levied, as shown on its most recent financial report, pursuant to Section 218.32, Florida Statutes, ad valorem taxes, exclusive to taxes levied for debt service or other special millages authorized by the voters, to produce the revenue equivalent to a millage rate of three (3) - mills on the dollar based on the 1973 taxable values as certified, by the appraiser, pursuant to Section 193.122(2), Florida Statutes, or, in order to produce revenue equivalent to that which would otherwise be produced by such a three (3) mill ad valorem tax, to have re- ceived a remittance from the county pursuant to Section 125.01(6)(a), Florida Statutes, for collected an occupational license tax or a utility tax, levied an ad valorem tax, or received revenue from any combination of these four sources. 11 > BOON 3 PAGE JUN 15 1983 _ r JUN 15 1983 � �U 696 P. P_ 4. Certified compliance with Section 200.065, Florida Statutes, and if applicable, with Section 200.085, Florida ,Statutes as amended by Chapter 82-154, Laws of Florida. 5. CCr ifiea t,<<at perso.Ls ill its emjoy as police officers, as defined in Chapter 943, Florida Statutes, meet the qualifications for employment as established by the i�oiice Siu.uuarUS Council, that its salary plans meet the provisions of Chapter 943, Florida Statutes, and that no police officer is compensated for his services at an annual rate of less than six thousand dollars (6,000.00). (A) Police Officers, as defined in Chapter 943, Florida Statutes, employed by this Unit meet the qualifications for employment as established by the Police Stan- dards Council. Yes C No O ' (I3) The salary structure and salary plans for law enforcement officers meet the pro- visions of Chapter 943, Florida Statutes. Yes ❑ No ❑ (C) All police officers, as defined in Chapter 943, Florida Statutes, are compensated at an annual salary rate of six thousand dollars (6,000.00) or more. Yes IN No ❑ If the answer to (C) above is (NO), please state as an addendum to this appli- cation any reason you may have for waiver of such requirement (one of which must be that y u are lLiing ten n m' Is of ad valorem taxes). SIGNED: DATE: Appropriate Law Enforcement Officer ❑ 6. If you have no police department, etc., please check the block to the left side. PART THREE I hereby certify that all of the foregoing information is accurate and true to the best of my knowledge. I further certify that I will promptly report to the Department of Revenue any change in the above.infor- ination. I also realize that failure to provide timely information required, pursuant to the administration of this Act shall, by such action, authorize the Department to utilize the best information available or, if no such information is available, to take necessary action including DISQUALIFICATION, EITHER PARTIAL OR ENTIRE, and shall further, by such action, waive any right to challenge the determination of the De- partment as to its share, _if any, pursuant to the privilege of receiving shared revenues from the Revenue Sharing Trust Funds. Do you believe that you have complied with ALL eligibility acquirements as set forth above? Yes 0 No ❑ If the answer to the above question is (NO), please provide as an attachment to this form the amount of revenue necessary to meet your obligations as a result of pledges or assignments or trusts entered into which obligated funds received from revenue sharing. SIGNED: SIGNED: - Fi c Officer) (Mayor or Chairman of Governing Body) DATE: I. I %`k.�DATE: � y I $'3 MAIL COMPLETED ORIGINAL APPLICATION TO ADDRESS SHOWN BELOW Delkartrnent of Revenue t Apprived t�'l form Bureau of Finance and Accounting t and leg C ,f'tcizncy Carlton Building, Room 143 Tallahassee, Florida 32301 ` ar Itv. . Brandenburg b, Attorney 12 CONSENT AGENDA Commissioner Scurlock requested that Item E 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 May, 1983 - $32,558.52 B. Report Received and placed on file in the Office of the Clerk: Traffic Violations by. Name, May, 1983 C. Request for Closing Portion of CR -512 in Sebastian for Fourth of July Celebration The Board reviewed the following memo dated 5/18/83: 589-5233 0 � K5 • -� c�ati�1�\SgAJ E e; N MELTON. FOUCE CHIEF M { F±J(gL HE, LER. ExEc. OFFICER l rV May 18, 1983 Indian River County Commission 1840 25th St. Vero Beach, FL 32960 Honorable Richard N. Bird Honorable Don C. Scurlock, Jr. Honorable Patrick B. Lyons Honorable William C. Wodtke, Jr. Honorable Mrs. Margaret Bowman Dear Commissioners, 589-5251 DAVID PUSCHER. CHIEF INVESTIGATOR SGT. L. D. PRIMAVERA, O.I.C. UNIFORM Div. Per_r1.1e1 c UY� _— . H . i� -s ..�_�- CG�'iiilutlil� L;ev. t;t,l:,2s 0 As you have no doubt noticed the start of the warm weather, the appearance of bikinis, the proliferation of bare middrifts, shorts, suntan oil, and sun burn victims express the fact that summer is here. Taken to its next logical conclusion,the Fourth of July is rapidly approaching. Our yearly celebration involving the Fourth of July with its attendant festivities require your assistance in closing a por- tion of County Road 512. The area needing to be closed will include the East side of the intersection of SR5 (US#1) East- wardly along CR512 to the intersection of CR512 and Indian 4iver Drive. This being a distance of one(1) block. 13 JUN I b 1983 a®r: PacE 697 JUS! 15 198 This closing will facilitate a dispersal area for our parade. This will allow a free pedestrian zone between the parking area and the Riverview Park. We are asking permission to close the aforementioned section of CR512 from 8:00 on the morning of the 3rd and will be back in full service in the early morning hours of the 5th. This closing will in no require any expenditures on the part of Indian River County. Thanking you fo ur past cooperation and assistance. Res ctfully, � K John G. Melton Chief of Police ON MOTION by Commissioner Lyons, SECONDED by Commissioner Scurlock, the Board unanimously approved the above request by Sebastian Chief of Police John G. Melton. D. Approval of Release of Easement- Bent Pine Subdivision, Unit #1 -_Phillip R. Silver The Board reviewed the following memo dated 5/17/83: TO: The Honorable Members DATE: May 17, 1983 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE SUBJECT: P&Erick4 Bruce King, AICP THROUGH: Robert Keating, AICP,QIV Planning & Zoning Dept. Manager RELEASE OF EASEMENT REQUEST BY PHILLIP R. SILVER' SUBJECT PROPERTY: LOT 15, UNIT #1, BENT PINE SUB- DIVISION FROM: Betty Davis, REFERENCES: Zoning Inspector - It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of June 15, 1983. DESCRIPTION AND CONDITIONS The County has been petitioned by Phillip Silver, owner of the subject property, for release of the fifty (50) foot utility, drainage, and golf course maintenance easement, being the north 50 feet of Lot 15, Unit #1, Bent Pine Subdivision. Lot 15 is 50 feet in width on the front property boundary, 262.68 feet in depth on the north property boundary, 244.84 feet in width on the rear property boundary, and 200 feet in depth on the south property boundary. It is Mr. Silver's intention to construct a residence and pool on this site. The current zoning classification is R -2A, Multi -Family Res- idential. The land use designation is LD -2, Low Density, six units/acre. ALTERNATIVES AND ANALYSIS The request has been reviewed by Southern Bell, Florida Power and Light Company, Florida Cablevision, Inc. and the Utility and Right -of -Way Departments. It was the concen.sus of the reviewing agencies that the north 10 feet of Lot 15, Unit #1, Bent Pine Subdivision, should be retained for utility and drainage purposes. The zoning staff analysis, which included a site visit, showed that the north 10 feet of the existing 50 foot easement would be sufficient to accomodate drainage needs. It is the Zoning Department's opinion that to release the southerly 40 feet of the 50 foot easement of Lot 15, Unit #1, Bent Pine Subdivision, would have no adverse effect. RECOMMENDATION Staff recommends to the Board, through adoption of a resolu- tion, the release of the southerly 40 feet of the 50 foot easement of Lot 15, Unit #1, Bent Pine Subdivision. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Scurlock, the Board unanimously approved Resolution 83-42, granting the release of easement requested by Phillip R. Silver, Lot 15, Unit #1, Bent Pine Subdivision. 15 JUN 15 1983 BOOK 53 PAGE 699 JUNI 5 1983 BOOK 153 W" 730 RESOLUTION NO. 83-42 WHEREAS, the Board of County Commissioners of Indian River County, Florida, have been requested to release the south 40 feet of the 50 foot easement of lot 15, Unit 1, Bent Pines Subdivision, according to the Plat of same recorded in Plat Book 10, Page 41-B, of the Public Records of Indian River County, Florida. WHEREAS, said lot line easements were dedicated on the Plat of Bent Pines Subdivision for public utility purposes, and WHEREAS, the request for such release of easement has been submitted in proper form; . NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that the following lot line easement in Bent Pines Subdivision shall be released, abandoned and vacated as follows: The southerly 40 feet of the 50 foot easement of Lot 15, Unit 1, Bent Pines Subdivision, according to the Plat of the same filed in the Office of the Clerk of the Circuit Court of Indian River County, Florida, in Plat Book 10, Page 41-B. BE IT FURTHER RESOLVED that the Chairman of the Board of County Commissioners and the Clerk of the Circuit Court be and they hereby are authorized and directed to execute a release of said lot line easements hereinabove referred to in form proper for recording and placing in the Public Records of.Indian River County, Florida. This 15th day of June , 1983. ATTEST: � Jl 7 Freda Wright, C1 `:tk BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: �Zake� Ric and N. Bird, Chairman 16 Approved Branda urg A►}n r.�• I RELEASE OF EASEMENT This Release of Easement, executed this 15th day of June , 1983, by the BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, a political sub- division of the State of Florida, first party, Phillip R. Silver, whose mailing address is P. 0. Box 3406, Vero Beach, Florida 32960, second party: WITNESSETH That the said party of the first part for and in considera- tion of the sum of One Dollar ($1.00) and other good and valuable consideration in hand paid by the said second party, does hereby remise, release, abandon and quit claim 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 easements, lying on land situated in the County of Indian River, State of Florida, to -wit: The southerly 40 feet of the 50 foot easement of Lot 15, Unit 1, Bent Pines Subdivision, as recorded in Plat Book 10, Page 41-B, public records of Indian River County, Florida. TO HAVE AND TO HOLD the same with all and singular the appurtenances thereunto belonging or in anywise appertaining and all estate, right,'title, interest, equity to the only proper use, benefit and behoof of the said second party forever. IN WITNESS WHEREOF, the said first party has signed and sealed these presents by the parties so authorized by the law and the day and year first above written. AppravekdSf anti lega y N 4- Erandenbur Attorne' Signed, sealed and delivered in the presence of: ,�Z JUN 15 1983 17 BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA BY: Richard N. Bird, Chairman ATTEST: Freda Wright, Clerk �Qf1K PAGE 701 JUN 15 1933 K VA E. Approval of Six -Month Extension of Preliminary Plat Approval for Cassara Heights - Fox Haven Subdivision The Board reviewed the following memo dated 6/2/83: TO: The Honorable Members DATE: June 2, 1983 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCE SIX MONTH EXTENSION OF PRELIMINARY PLAT APPROVAL SUBJECT: FOR CASSARA HEIGHTS - FOX Patri k Bruce King, AICP HAVEN SUBDIVISION FROM: Planner . IPoupard �� REFERENCES: It is requested that the information presented herein be given formal consideration by the Board of County Commissioners at their regular meeting on June 15, 1983. DESCRIPTION AND CONDITIONS Cascara Heights Subdivision is located on the north side of 4th Street, approximately h mile east of 27th Avenue. The develop- ment has 29 lots on a 20 acre parcel of .land. The minimum lot size is h acre. The zoning classification of the subject property is R-1 (6.2 dwelling units/acre allowable building density) and has an LD -2 (6 dwelling units/acre allowable building) land use designation. The proposed building density is 1.45 dwelling units/acre. ALTERNATIVES AND ANALYSIS Cassara Heights Subdivision received preliminary plat approval on January 28, 1981. This approval would have expired on July 28, 1982. A twelve month extension of plat approval was granted by the Board of County Commissioners on June 2, 1982. Therefore, preliminary plat approval will expire on July 28, 1983. The applicants have changed the name of the development to Fox Haven Subdivision, and are requesting an additional 6 month extension of plat approval. This request has been made in order to allow the applicants time to complete all construction on site. Currently, the construction plans have been approved by the Public Works Division, and construction bids are being accepted. The County's Subdivision Ordinance 75-3.states that "approval of the Board shall have full force and effect for a period of eighteen (18) months from the date of approval. An extension may be granted by the Board." Historically, the Board has granted one 18 month extension of plat approval,.if requested by an applicant, and if the subdivision is in conformance with the County's Zoning Regulations and Comprehensive Plan. RECOMMENDATION Staff recommends that one 6 month extension of preliminary plat approval be granted to Fox Haven Subdivision. W Commissioner Scurlock asked Clare Poupard of the Planning Department if the applicant was aware that the request was only for a six-month extension, and Mrs. Poupard explained that the applicant already had received one twelve-month extension. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously approved a six-month extension of preliminary plat approval for Cassara Heights - Fox Haven Subdivision. SOUTH COUNTY FIRE DISTRICT The Board of County Commissioners recessed at 8:45 o'clock A.M. in order that the District Board of Fire Commissioners of the South Indian -River County Fire District might convene. Those Minutes are being prepared separately. The Board of County Commissioners reconvened at 8:55 o'clock A.M. with the same members present.. IRC BID #166 - ALUMINUM BLANKS The Board reviewed the following memo dated 6/1/83: TO: Board of County Commissioners DATE: June 1, 1983 FILE: THRU: Michael Wright SUBJECT: IRC BID #166- Aluminum Blanks County Administrator (Street & Road Signs) - FROM: CarolyW Goodrich REFERENCES: Purchasing Department Manager 1. Description and Conditions Bids were received May 24, 1983 at 11:00 A.M. for'IRC Bid #166- Aluminum Blanks for the Traffic Engineering Department. 12 Bid Proposals were sent out, of the 5 Bid Proposals received, 2 were "No Bids." 19 JUN , 1 5 1983 .PAGE 7 _ • 6 a 2. Alternatives and Analysis This is an annual bid effective July 1, 1983 - June 30, 1984 and the County reserves the right to order any, quantity of any item throughout the year. McCain Sales bid slightly lower than Vulcan Sign & Stamping on all items with the exception of Item #1 and Item #8. These items are 2 of the 3 largest cost and quantity items used by the Traffic Engineering Department. McCain Sales has the current bid for sign posts and accessories and they are not meeting the delivery time stated on their bid. 3. Recommendation and Funding It is recommended that IRC BID #166 be awarded to Vulcan Sign and Stamping. Funds to come from Account #004-245-541-66-44. Unencumbered balance as of May 26 - $35,595.00. (Budgeted - $70,000.00) ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously accepted staff recom- mendation and awarded Bid #166 to Vulcan Sign & Stamping for aluminum blanks as listed on the following bid tabulation. BOARD OF COUNT`! C:;M4,;3S.GN.=r'.S 2145 -14th Avenue Vero Beach, Florida 32960 BID TABULATION BID NO.t71:T-c OF OPENING IRC BID #166 May. 24, 1983810 TITLE ALUMINUM BLANKS (Street & Rd Signs) h �� h~ �te v � o Q 14 4 h� = N. DESCRIPTION O NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT P 1. Octagon (Stop Sin Each 7 97 NB NB 6 25 8 28 2. 12" x 18" Each 2 19 2 64 21 16 " x 2" Each 2 92 3 51 2 89 4. 12" x 36" Each 4 38 5 27 4 34 5. 15" x 21" Each 3 19 6 6. 3" x 6" 3/8 Hole in center Square Corner Each 2 33 18 7. 24" x 30" Each 7 3 8 7 7 23 B. 36" x 36" x 6" Triangle Each 5. 8 7 1 6 00 9. 18" Diamond Each 3 2 3 9 3 27 11 10 9 9 04 11. 6" x 18" Each 4 1 09 12. 6" x 24" Each 1 47 1 9 1. 45 11- "� " Each 1 2 4 1 82 14 8"x 24" Each 2 4 1 94 15- " 4 3011 Each 2 3 li 2 43 Normal delivery time in days -19 after receipt of Purchase Order Days 7 -145 1 30- 5 21- 0 IRC BID #167 - WEIGHING CONTROL DEVICE The Board reviewed the following memo dated 6/1/83: TO: Board of County Commissioners DATE: June 1, 1983 FILE: THRU: Michael Wright - SUBJECT: IRC Bid #167- Weighing Control County Administrator Device with Printer for Landfill Department FROM: Carol Goodrich REFERENCES: Purchasing. Department Manager 1. Description and Conditions Bids were received May 24, 1983 at 11:00 A.M. for IRC BID #167- Weighing Control Device with Printer for the Landfill Department. 3 Bid Proposals were sent out, 3 were received. 2. Alternatives and Analysis The low bid including installation was $4359.40 submitted by Holzer R Co., West Palm Beach, Fl. for Toledo Scale equipment. All equipment meets specifications. 3. Recommendation and Funding Staff recommends IRC Bid #167 be awarded to the low bidder, Holzer & Co., West Palm Beach, Fl. There was.$9800.00 budgeted in Account #411-217--534-66-49. Balance as of May 26 is $5021.00. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously accepted staff recom- mendation and awarded Bid #167 in the amount of $4,359.40 to Holtzer & Co., for Toledo Scale equipment. 21 JUN 1983 LWW3 PAGE i0� JUN 15 1983 too1Z.7' � 1 BOARD OF CODU i Y �O ..ai!3S'GUF7S' 2145 -14th Avenue Vero Beach, Florida 32960 BID 3ABllLA790iL 8!D NO. OF OPENINGvBID#16717DATE 24, 1983 BID TITLE WEIGHING CONTROL DEVICE s J ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE I. Digital Weighing Center with Gros Tare, Net setting 1 Each 1705 00 2118 60 1720 00 2. Ticket Printer to Incorporate witil Item #1. 1 Each 2201 00 2500 20 1490 00 3. 500 VA, or Equal, Back -Up Power SuRply unit to operate --at 120 Volis 1 Each 0 00 1220 00 1454 00 4. Installation Charge 250 00 600 OOF 350 00 Sub- Total 4816 QO 6438 An Total 4359 .40 6438 WOOsi; 5. Days for delivery after receipt Of Purchase Order 1 Da 2 Da s 2 W ek I I IRC BID #169 - TOPPING OF TREES AT WABASSO BEACH PARK The Board reviewed the following memo dated 6/6/83: TO: Board of County Commissioners DATE: June 6, 1983 FILE: THRU; Michael Wright SUBJECT: IRC BID #169 - Topping of County Administrator Trees at Wabasso Beach Park FROM: Carol Goodrich REFERENCES: Purchasing Department Manager 1- Description and Conditions Bids were received June 3, 1983 at 11:00 A.M. for IRC #169 • Topping of Trees at Wabasso Beach Park for the Road & Bridge Department. 13 Bid Proposals were sent out, 3 were received. 2. Alternatives and final sis The low bid was submitted by Don's Tree Service, Vero Beach in the amount of $4875.00. All bidders are licensed and carry liability insurance. 22 3. Recommendation and Funding It is recommended that IRC #169 be awarded to the low bidder, Don's Tree Service. Funds to come from Account #004-214-541-33-19. Balance as of May 31, 198'3 - $7158.00. (Budgeted - $10,000.00) Chairman Bird was assured that the trees involved are all on County right-of-way, as there are many trees on the Nutt property adjacent to Wabasso Beach Park. Administrator Wright explained that it is very dangerous situation as just recently a top of one of the pines fell off onto an automobile. Commissioner Scurlock pointed out that people do not understand the danger of the Australian pines - that all they see are trees being taken down. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously accepted staff recom- mendation and awarded Bid #169 in the amount of $4,875 to Don's Tree Service for topping of trees at Wabasso Beach Park. Discussion followed regarding the disposal of the trees, and it was explained that the bid was for topping the trees only and the County would remove the remainder of the trees and dispose of them in a proper manner. Commissioner Wodtke felt that the County should consider obtaining the necessary equipment in order to do the work involved in the topping and removal of Australian pines in the County when they reach a dangerous height. 23 N Y PAGE'707 JUN 15 1983 AN 15 1983 I - - .-..-, nn c[no ovrrnv yr %J IN , W.,,.,,.,..,.,.....�.. 2145 -14th Avenue Vero Beach, Florida 32960 �� ,^�' _ ; s tea, lei /RK BID NO. DATE Of OPENINGIRC BID #169 June 3, 1983BID TITLE TOPPING OF TREES AT WABASSOBEACH ITEM DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE NO. 1. Topping trees to within-40/ft of the ground & trimming limbs to within 14/ft of trunk. Approx. 25 Trees. Total 10000 00 4875 00 5200 00 2. Days required to complete work of er receipt of Purchase Order Days 1 30 21 7-10 i AWARD OF BID FOR COUNTY GARAGE FUEL DISPENSING SYSTEM The Board reviewed the following memo dated 6/7/83: TO: Board of County Commissioners DATE: June 7, 1983 FILE: THRU: Michael Wright SUBJECT: COUNTY GARAGE FUEL. DISPENSING County Administrator SYSTEM FROM CarolGoodrich REFERENCES: Purchasing Department Manager Description and Conditions At the April 20, 1983 County Commission meeting, the Board approved Staff Recommendation to bid the installation of (3) 10,000 gallon underground tanks, pump islands and (3) dual dispensers. Bids were advertised beginning May 16, 1983 and received at 2:00 P.M., June 3, 1983. Bid specifications were itemized, to allow for acceptance or rejection of each item on an individual basis. 3 Bid Proposals were received. 24 r � � Alternatives and Analysis The low bid was submitted by Pieco Palm Beach in the amount of $44,946.45 for all bid items. The following items coul-d.be done by the Road &.Bridge Department. #2 - Excavation for underground fuel storage tanks and concrete anchor slab. 4.- Dewatering 5.- Pour and place concrete anchor slab for underground fuel storage tank. 6.- Furnish and install rebar. 12.- Backfill and compaction for underground fuel storage tanks and concrete anchor slab including clean, graded sand. 24.- Pour & place concrete slab over tanks and around islands, including saw cut & expansion joints. 25.- Furnish & install 6 x 6 10/10 woven wire mesh. , 26.- Furnish & Install 1/2" x 6" expansion joint material. 28.- Rough site grading. 29.- Final site grading. Recommendation and Funding 4199.61 2570.44 4021.33 1460.77 1198.67 - 3291.00 513.44 23.40 126.88 107.36 Total 17512.90 It is recommended that the County Garage Fuel Dispensing System Bid be awarded to Pieco Palm Beach for Items 7 - 11, 13 - 23, & 27, total bid amount $27,433.55 and that the remaining work be done by the Road & Bridge Department. The total estimated cost of materials, equipment & labor would be $3900.00, for the work done by the Road & Bridge Department. Funding to come from line transfers in the operating accounts of the Road & Bridge Department. v Administrator Wright explained that the Road & Bridge Dept. can do a great deal of the work involved which will result in a significant cost reduction. He stated that the installation of this fuel dispensing system will save the County approximately five cents a gallon and will pay for itself within two years. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Lyons, that the Board accept recommendation of staff 25 AQK 5.3 ma IU9 i JUN 15 198 and award the bid in the amount of $27,433.55 to Pieco Palm Beach, Inc.,for items #1, 3, 7, 8, 9, 10, 11, and 13 through 23, as set out in the Bid Tabulation; with the remaining portion of the project to be handled by the Road & Bridge Dept. and funded by line transfers in the operating accounts of ,the Road & Bridge Dept. In discussion, Administrator Wright stated that each County department will be surcharged and the paid back with the savings gained from lower gasoline costs and that there are sufficient funds to pay for it this year. The Chairman CALLED FOR THE QUESTION. It was voted on and carried unanimously. 26 M SCAPD O OJix i `; CiNi�v:�5 :.7:UiceiS J� t y 2,45 -14th Avenue Vero Beach, Florida 32960 BID TABULATION oo'Dzr r'� o oF'-'4,�-o° BID NO. DATE OF OPENING June 3 1983 BID TITLE FUEL DISPENSING SYSTEM ITEM DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE .UNIT PRICE UNIT PRICE UNIT PRICE - AVIT 1 -Site preparation including clearing & grubbing and all other necessary mis. incidentals. NONE NONE 490 2.Excavation for underground fuel storage tanks and concrete anchor slab. 200 00 4199 61 3875 00 3.Furnish and install sheeting, shoring and hracing- 2400 00 NONE NONE 4.Dewatering 8000 00 2570 44 3500 00 t 5.Pour and place on r n h r slab for underground fuel storage tanks.2597 00 4021 33 3920 00 6.Furnish and install rebar. 979 20 1460 77 1109 52 a MM 5 2/78 M BOARD OF COUNTY CC.vit,i.65SBCNE;?B 2145 -14th Avenue Vero Beach, Florida 32960 BID TABULATION xs � a O� Jy t.�� U4QO QED°° F c o �� BID NO. DATE OF OPENING June 3 19.83 BID TITLE FUEL, DISPENSING SYSTEM ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 7. Furnish and installgalvanized eyebolts and washers. 144 00 250 00 169 20 8. Furnish and install galvanized I turnbuckles.'162 00 206 28 193 9. Furnish and install 3/8" diameter alvanized wire rope. 154.35 449 55 201 1 60 10. Furnish and install 1" wide x 1/4" thick neoprene pad. 280 80 437 50 468 00 11. Furnish and install 10,000 gallon 8' diameter x 27' long steel underground fuel storage tanks including coatin s and misc. incendentials. 17773 50 12336 6319187 00 MM 5 2/79 1 1 C BOARD OF COUNTY OGN,I'Ji�SSwIVEyS F / ,�� • / .^may L ITJ-ITlll /-l♦�j11MV Vero Beach, Florida 32960 BID TABUZAgO®L!1 " =o .,Q. C103 iz, F �� �&).-4- <c o�'a4,c BID NO. JDATE OF OPENING June 3, 1983 BID TITLE FUEL DISPENSING SYSTEM ITE NOM DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE 'ii1T 2. Backfill and compaction for underground fuel storage tanks and concrete anchor scab, including clean, graded sand..' 2500 00 1.198 67 4525 00 13. Furnish and install 4" x 10' submerged filling tubes. 180 00 147 42 265 26 4. Furnish and install 12" diameter cast iron manholes. 180 00 130 98 136 41 15. Furnish and install 4" diameter lockable fill cap assemblies with locks and keys. 225 204 74 278 70 16. Furnish and install identification c markers. 3000 mm a ziia BOARD OF COUNTY COMM-10-SIONERS 7145 -14th Avenue Vero Beach, Florida 32960 BID TABULA -7b 1O it ,�C ^" � O tion~ °��� BID NO. DATE OF OPENING ' June 3, 1983 BID TITLE FUEL DISPENSING SYSTEM ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT 17. Furnish and install submersible pumping system including all necessary misc. incidentials. 1953 oo 2324 70 18. Furnish and install all necessary piping, vent line vent caps. suction including all necessary misc. incidentials. 1050. 00 1889 24 2889 00 19. Furnish and install dual fuel dispensers including safety valves, hoses, nozzles, and all necessary misc. incidentials. 4677 481 8028 84 6794 50 0. Furnish and install square galvanized galvanized frame. 240 00 232 47 210 no 1 1 1 IBOARD OF COUNTY 00i-A.WSSoONERS 2145 -14th Avenue Vero Beach, Florida 32960 BID TABULATC0NOf C 0 �� ck LC � G Q� � 1'• 0 '�°ter �� 4�v 4,, �. BID NO. DATE OF OPENING June 3, 1983 BID TITLE FUEL DISPENSING SYSTEM ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE MIT 21. Furnish and install 4' x 4' x 9" steel re -fab pump islands with boxes for fuel dispensers, includi g concrete, and all necessary misc. incidentials. 290 00 205.44 651 0 22. Furnish and install 4' x 6' x 9" steel pre -fab pump islands with boxes for fuel dispensers including concrete, and all necessary misc. incidentials. 145 00 127 58 217 00 3. Furnish and install 4" diameter x 6' Steel Bumper Posts. 540 00 420 00 576 oo 4. Pour and place concrete slab over Cp tanks and around islands includ- inq saw cut and --expansion joints. and--expansion1802 00 3291 00 4103 80 1 BOARD OF COUNTY vtVili��SS�UY�r��=tiS % �► h 2145 -14th Nvehue Vero Beach, Florida 32960C," BID TABULA"w CON �o Q qy y a, o r o BID NO. DATE OF OPENING June 3, 1983 BID TITLE FUEL DISPENSING SYSTEM ITEM DESCRIPTION NO. UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE .UNIT PRICE UNIT PRICE UNIT PRICE UNIT 25. Furnish and install 6 x 6 10/10 woven wire mesh. 490 Og 513 44 00 ' 26. Furnish and install 1/2" x 6" ex a s'on joint material. 16 00 23 40 120 0 27. Furnish and install all other items necessary to make a m lete and operating system as shown n the drawings or as specified. 600 27 7 16 230 00 28. Rough site grading. 295 20 126 RR 1220 Q0 29. Final site grading., 295 20 107 36 634 40 County Garage Fuel Dispensing :system Total Bid Amount 52200 00 44946 45 59106 21 AWARD OF BID - COUNTY GARAGE FUEL DISPENSING SYSTEM - ELECTRICAL CONTRACT The Board reviewed the following memo dated 6/7/83: TO: Board of County Commissioners DATE: June 7, 1983 FILE: THRU: Michael Wright SUBJECT: COUNTY GARAGE FUEL DISPENSING County Administrator SYSTEM - ELECTRICAL CONTRACT FROM: Carolyn Goodrich REFERENCES: Purchasing Department Manager Description and Conditions Bids were advertised beginning May 16, 1983 and received at 2:00 P.M:, June 3, 1983 for the Electrical Contract for the County Garage Fuel Dispensing System. 2 Bid Proposals were received Alternatives and Analysis The low bid was submitted by F.V. Casano Electrical Contractor, Inc., Vero Beach, Fl., in the amount of $3500.00. Recommendation & Funding It is recommended that the Electrical Contract for the County Garage Fuel Dispensing System be awarded to the low bidder, F.V. Casano Electrical Contractor. Funding to come from line transfers in the operating accounts of the Road & Bridge Department. ON MOTION by Commissioner,Lyons, SECONDED by Commissioner Scurlock, the Board unanimously accepted staff recom- mendation and awarded the electrical contract for the County Garage Fuel Dispensing System to the low bidder, F. V. Casano Electrical Contractor, Inc., in the amount of $3,500. c 27 � to% .53 , PAGE -1.7 JUN �,� 13 JUN 15 199 a e�� � wF 7 I IiaOARD OF COUNTY COiViiviISSIGi%%2RS I 2145 4th Avenue / Vero Beach, Florida 32960 811) TABULATION -41 ° <v Cj, c° v0 �° -° s � 44 �c BID NO. DATE OF OPENING June 3, 1983 BID TITLE ELECTRICAL�� -FUEL DISPENSING SYSTEM CONTRACT ITEM NO. DESCRIPTION UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE UNIT PRICE Count .Gars a Fuel Dispensing System - Electrical Contract Total Bid Amount 4613 00 3500 00 A PUBLIC HEARING - REZONING REQUEST - MILES AUSTIN FOREMAN 12.1 ACRES LOCATED ON NORTH A -1-A FROM R -1A to R -2D 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: 28 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 in the matter of in the lished in said newspaper in the issues o / 71-f � Court, was pub- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach„ in said Indian River County, Florida, and that the said newspaper has heretofore been continuously published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River Coun- ty, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Sworn to and subscribed b o e this 19 tel_ (SEAL) r (Bu ness Manager) (Clerk of the Circuit Court, Indian Ri4a County, Florida) he�tco�ereefNO Notice ofhewing o cordthe foll g pro- posal to rezone land from: R -1A, ..Single -Family Residential Distrier, to' R-20"Multiple-Farnlly Residential Dis. trict." The subject property presently owned by Miles Forman, as Trustee is lo - called on the east side of State Road AIA, south of Beachcomber Lane. The subOct property is described as: Lots 4, 5, 6, 7 and 8 of Southam Shores Replat No. 2. as recorded in plat book 2, page 66 of the records of Indian River County. Florida. Sold land containing 12.1 _ plus-minus acres. The Board of County Commissioners will con -1 duct a public hearing, regarding the appeal by! the applicant of the decision by the Planning and, Zoning Commission to recommend disapproval otj the rezoning request The public hearing, ate which parties in interest and citizens shall have, an opportunity to be heard, win be held bYb sat Board of County Commissioners In the County Commission Chambers of the County Administra tion Building, located at 1840 25th Street, Ver Beach, Florida, on Wednesday, June 15, 1983, a 9:00 A.M. It any person decides to appeal de made on the above matter, he will need a of the proceedings, and for such purposes, he may need to ensure that a verbatim record of the proceedings is made, which Includes testimony and evidence upon which the appeal Is based. Indian River County Board of County Commissioners ° By: -s -Richard N. Bird, Chairman May 27; June 8, 1983.'_ The Board reviewed the following memo dated 4/27/83: 29 53 PAcE 719 JUN 15 1983 JUN 15 1983 air 7 TO: The Honorable Members DAT April 27, 1983 BOARD COUNTY of the Board of , CoMrliSS1INERS County Commissioners • ' y^J 77/^! jai .� vV Ji+ iV L``7 DIV SION HEAD CONCURRENC %U BJ ECT: 'Pat -rick Bruce King, JAYP THROUGH: Bob Keating, AICP Planning & Zoning Dept. Manager MILES AUSTIN FORMAN REQUEST TO REZONE APPROXIMATELY 12.1 ACRES LOCATED ON NORTH A -1-A FROM R -1A, SINGLE-FAMILY RESIDENTIAL DISTRICT TO R -2D, MULTIPLE -FAMILY RESIDENTIAL DISTRICT FROM: Art Challacombe REFERENCES: Envitonmental Planner It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting on June 15, 1983. DESCRIPTION & CONDITIONS The applicant is requesting to rezone approximately 12.1 acres located south of Sunny Sands Subdivision on North A -1-A from R -1A, Single -Family Residential District, to R -2D, Multiple- _ Family District. The applicant proposes to construct a mixture of single and multiple -family housing complemented by recreational. amenities. On April 14, 1983, the Planning and Zoning Commission denied the applicant's request for the following reasons: (1) The property is an enclave surrounded by the Town of Indian River Shores, thus, the imput of the citizens of the surrounding community is an important factor and the residents appear to be overwhelmingly opposed as does the City who has jurisdiction of Planning and Zoning on the surrounding properties. (2) Single -Family residential is a reasonable and appropriate use of the land, and the existing 4.3 units per acre density serves as an intermediate buffer between the 8 units per acre density on the south side and the 2.4 units per acre density on the north side; (3) The barrier island is a unique and fragile area and should be protected from high intensity development when possi- ble. 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 with the exception of an abandoned single-family house in dilapidated condition. On three sides of the property lie the boundaries of the Town of Indian River Shores. On the east side of the property is the Atlantic Ocean. To the west of the property, across S.R. A -1-A, is the Park Shores condominium development (multi- ple -family residential at 6 units/acre). Directly to the south of the property is the Island Shores Club condominium develop- ment (multiple -family residential at 8 units/acre). Directly 30 Miles Austin Forman Rezoning Request April 27, 1983 to the north of the property is Sunny Sands Subdivision, a single— family residential community (2.56 units/acre). In the vicinity of the subject property are the following uses: (1) Fred R. Tuerk Municipal Center (northwest), (2) Single-family residences (north), (3) Florida Federal Savings & Loan Office (north) (4) Village Shops (north); and (5) The Victoria condominium development (south). Future Land Use Pattern: The Comprehensive Plan designates the subject property as LD -2, Low Density Residential (maximum of 6 units/acre). The proper- ty is surrounded on three sides by Indian River Shores, thus is considered a County enclave. The future land use plan of Indian River Shores designates the areas to the south and west of the subject property as "Res- idential - Moderate Density. The Indian River Shores zoning for these areas is R -2A, Multiple -Family Residence District (6 units/acre). The plan designates the area to the north of the property as "Residential - Low Density. The Indian River Shores zoning for this. area is R -1A, Single -Family Residence District (2.9 " units/acre). The subject property lies within an area of transition from multiple -family residential development at 8 units/acre to single-family development at 2.4 units/acre. Proper planning principles dictate that an intermediate land use area be estab- lished between the higher density multiple -family area to the south and the lower density single-family area to the north. After discussions with the applicant regarding implementation of the above stated intermediate land use, the applicant has agreed to execute a deed restriction to the land which would provide that a minimum .of one hundred feet from the north boundary of the property would be limited to single-family. use. The deed restriction also stipulates that the minimum standards for development of the single-family area are those specified in the Indian River County R-lA, Single -Family, zoning district (Section 7, Zoning Code, Ordinance #71-3). Roads/Traffic: The subject property is accessible via S.R. A -1-A, designated as a major arterial on the Thoroughfare Plan. Utilizing the maximum density allowed in the proposed rezoning, the develop- ment of the property would generate 372 average daily trips and 44 peak hour trips. The traffic impact generated by the peak hour trips will require a right deceleration lane. Access onto S.R. A -1-A should originate near the south property line. Environment: The subject property is not designated as environmentally sensitive; however, the following policies in the Conserva- tion/Costal Zone Element apply to the development of this 31 BQOK 53 PAGE 721 JUN' 15 1983 Miles Austin Forman Rezoning Request April 27, 1983 property: 1. The County shall prohibit activity which threatens t coastal features occurring Construction setback line the mean high water line. Such features include: 5.3 pnr 722 JA. 940 any non-essential coastal o destroy the natural between the State Coastal and a point 300' seaward of 1. Nearshore worm reefs 2. Archeological ruins or artifacts (shipwrecks) 3. Beaches 4. Primary dune systems 2. The County shall require elevated dune walkovers at all new or improved points of beach access. 3. The County shall prohibit vehicular traffic within the primary dune/beach system. 4. The County shall require beachfront lighting designs which do not result in the disorientation of nesting or hatching sea turtles. A 150 foot portion of the property from the shoreline is located within a coastal high hazard zone (Zone V12, elevation 11) and a regulatory flood zone ( Zone A10, elevation 9). The applicant's survey indicates that the Coastal Construction Setback Line is between 140 and 150 feet from the approximate mean high water line.__ Conformance with the flood protection standards of Ordinance 82-28 will be required of all develop- ment within the V-12 and A-10 Zones. Utilities: The subject property is not currently served by County water and wastewater facilities. As this parcel is an enclave sur- rounded by the Town of Indian River Shores, the County does not intend to provide the parcel with future services. The County recommends that the services be provided by the Town of Indian River Shores or the City of Vero Beach; however; if service is not provided by either municipality, the developer would be able to apply for a franchise from the County to provide his own water and wastewater facilities. RECOMMENDATION During the Planning and Zoning Commission meeting held on April 14, 1983, the Commission denied the applicant's request for those reasons identified within the description and con- ditions section of this agenda item. It is the staff's opinion that these reasons are valid concerns. It is the staff rec- ommendation that the Board of. County Commissioners give due consideration to the Planning and Zoning Commissions' recommen- dation as well as the information provided by this memorandum. 32 >I • We Chairman Bird explained the procedure this morning would begin with the recommendation of staff. Then, after questions or comments from the Board, the Public Hearing would be opened. Commissioner Scurlock asked if he could first express his concern that more and more rezoning requests are evolving into site plan presentations. He felt that consideration and discussion should be limited to the rezoning issue only. Byron. T. Cooksey, Attorney for the applicant, requested .an opportunity to explain his client's willingness to waive the 45 -day appeal requirement, which he felt might save everyone a substantial amount of time this morning. Continuing, Mr. Cooksey stated that he realized this was a rezoning appeal, but explained that every effort has been made to cooperate in working with the owners of the adjacent property, the Town officials and the County planning staff in order to attempt a compromise in this matter. They have been somewhat surprised with the opposition expressed at the Planning and Zoning Commission; however, they do wish to cooperate in achieving a harmonious development of the property. To accomplish this, they are willing to waive any 45 -day appeal requirements and to request the Board to refer this matter back to the Planning and Zoning Commission so that the owners of the property can revise the plan in order to develop a mutually acceptable plan to go forward with for this land. Commissioner Scurlock asked if the bottom line was a request to waive the 45 -day appeal requirement, and that if granted, the applicant could continue to appeal this particular decision. Attorney Brandenburg noted that when an individual files an appeal, the County Commission, under Ordinance, has the obligation to determine that appeal -within 45 days. He 33 6QQX PAGE .1 C3 JUN 15 1983 $0 ox 53 PA' 7 explained that applicant is offering to waive the right to that determination within a 45 -day period so that the Board can send the matter back to the Planning & Zoning Commission to take a look at the revised plan and make a recommendation on it. If the presentation were made today, the Board would not have the recommendation of the revised plan by the Planning & Zoning Commission as they would not have seen it. Commissioner Scurlock pointed out that if the appeal were considered today and denied, it could not be resubmitted for a year. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, that the Board accept the applicant's waiver of the 45 -day period and remand the matter to Planning & Zoning Commission to be reviewed and readvertised under the Zoning Code, and for the Planning & Zoning Commission to make a recommendation on the revised plan. Under discussion, Mr. Cooksey again emphasized that every effort will be made to cooperate and to work out any problems in order to satisfy everyone so that the plan can proceed. Commissioner Wodtke felt that this enclave really should belong to the Town of Indian River Shores and hoped that everyone involved could reach some kind of acceptable plan for the use of this.property. Commissioner Lyons felt that the best solution to this problem would-be for the developer to request annexation to the Town of Indian River Shores. Commissioner Scurlock restated his feelings that this appeal should stand on its merits as a zoning issue only, rather than getting into site plan considerations. He 34 believed the whole issue was whether it shall be multi- family or single family and the density, and stated he was prepared to make a decision on that basis. Commissioner Lyons noted that since they want to explore all the alternatives to develop this property compatibly, he did not want to deny them the opportunity. Chairman Bird asked if anyone wished to be heard on this matter. Mr. Henry Muller of Cutlass Cove Dr. informed the Board that he is the largest property owner adjoining the property in question, both to the south and across AIA, and he has never been contacted by anyone representing Mr. Foreman in regard to what they are planning to do. He felt that it was a absolute misstatement of fact that every attempt has been made to contact and work with the -people who are affected by the decision, and he, therefore, objected to any postponement of the rezoning appeal. Mr. Cooksey stated that they would be delighted to work with Mr. Muller. Mr. George Bunnell of Beachcomber Lane in Indian River Shores addressed the Board and stated the. County has very diligently and very kindly insisted from the beginning that the people and the government of Indian River Shores come forth with their feelings and comments on this matter and they have done just that. They are now prepared to present the feelings of individuals, of the property owners association, the authors of the Indian River Shores•Master Plan, the Zoning Board, the Indian River Shores Council; and to present a separate study by the Town Manager -- all in an attempt to prove to the Commission that an upward rezoning is not in the interest of the County nor in the interest of Indian River Shores. Mr. Bunnell felt that if the owner is allowed to waive the 45 -day repeal requirement and the people objecting to 35 WK 53 PAGE 72,5 JUN 15 1983 JUN'15 1983 sOaxz 726 the rezoning appeal are not given the opportunity today to give their presentation, the developer is certainly going to come back at us again to ask that more people be allowed to live there than is the wish of the Town of Indian River Shores. He urged the Board to say no to this appeal today. Chairman Bird stated that he understood Mr. Bunnell's feeling, but also understood that by granting this postponement, it would afford the opportunity for the developer to work with all those concerned and come back with a new rezoning request and one more chance to come up with a plan that will satisfy the people in Indian River Shores. Commissioner Wodtke hoped that during this process, Mr. Bunnell and the Indian River Shores Council would do everything possible to see if this piece of property could be annexed to the Town where it would be under their control. He felt it was an excellent opportunity and hoped they would use it. Mr. Bunnell stated their main objection is not just to the density, it is the change from single family to multiple family zoning. Discussion followed as to the need for some sort of. time limit to be included in the Motion, and it was decided that a new plan must be presented to the Planning & Zoning Commission for a hearing by August 11, 1983. The Chairman CALLED FOR THE QUESTION on the Motion to accept the waiver of the appeal period and present a new plan to the Planning & Zoning Commission for review by August 11, 1983. The Motion passed 3-2 with Commissioners Bowman and Scurlock voting in opposition. M DISCUSSION - OPTIONAL GAS TAX Commissioner Scurlock reported that the Transportation Planning Committee held two meetings.at which they discussed a possible Gas Tax. Their approach was to request each municipality to address their views on a gas tax by a Resolution, and the result was that the municipalities split with Sebastian and Fellsmere favoring the tax and Vero Beach and Indian River Shores opposed. As far as the County is concerned, it appears that we can accomplish within our budget the majority of the programs outlined by Public Works Director Davis; so, there is no desperate need to move ahead aggressively to pay an additional tax. There was considerable discussion, however, in regard to the possible advantage of restructuring our taxes, i.e., transferring the burden from ad valorem to a user -type fee. (10 would bring in approximately $216,000 and 4� over $800,000.) Commissioner Scurlock pointed out that there are a large number of people using our roads who are other than taxpayers. This, however, presents the question of what is the real impact. The truckstops in the county along I-95, for instance, sell a large volume of gas and there is the possibility this new tax could affect the 5th and 6th cent gas tax because of a decrease in the volume of sales. It is also obvious that the different municipalities are faced with very different needs and different problems. Commissioner Scurlock continued that although the committee is unwilling at this point to recommend implementation of any new tax, they felt it is premature to make a final decision. They are, therefore, recommending that we form a study committee within our own administrative staff to analyze the possible impact of such a tax, not only on gasoline sales, but as to transfer of the burden of taxes and to equate any transfer to the reduction of taxes, study 37 BOOK 3 PAGE 727 ,7 JUS 5.7?t the needs of the various areas, and then make a final decision next year. Commissioner Lyons asked if the committee could be a sub -committee of the Transportation Planning Committee. Commissioner Scurlock felt if he would be allowed to form such a sub -committee, that would be fine, but he needed authorization to request some staff time. Commissioner Lyons suggested the Board consider a Motion to accept the recommendation of Commissioner Scurlock and have a study group formed under the auspices of the Transportation Planning Committee with reasonable staff time being authorized to assist in getting together all the facts involved. Administrator Wright stated that the original staff position was to go to a public hearing on gas tax with the understanding that any monies received would be used for . reduction of the ad valorem tax. He understood Commissioner Scurlock's concern, but asked that the Commission keep in mind those municipalities who are not in a position to reduce ad valorem taxes but do need the money. The Administrator noted that if the Commission did not go to a public hearing today, this will have been put off for a year. He did not, however, disagree with Commissioner Scurlock that this may be the best way to go. Commissioner Wodtke was concerned about the philosophy involved. He had no objection if we need the additional funds for roads, but he did object to taxing gasoline users and then using those dollars to relieve the ad valorem taxpayers for something that is not a road use. Administrator Wright stated that the monies would have to be used on the roads. Commissioner Lyons stated the purpose of the committee would be just to gather the facts; the philosophy is M r � � something that would have to be settled by the County Commission. Commissioner Wodttke agreed that it would be wise to wait at least a year, and Chairman Bird also felt the public would not fault the Commission if we did delay a year in ' order to make an intelligent decision. Administrator Wright noted that staff was advocating a change in taxing philosophy, and he believed that is difficult to get across in 30 days. Commissioner Scurlock brought up the severe impact heavy truck traffic has had on AlA, for instance, and believed the user should pay. Commissioner Wodtke commented that it seems there has been a lot of publicity by the press that the Transportation Committee favored a 4� gas tax. -- Commissioner Scurlock did not believe the Transportation Planning Committee took any position on it, but merely asked the municipalities to express their desires. The initial input was that the municipalities favored the tax, but then they changed. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Wodtke, for the Transportation Planning Committee to be authorized to set up a sub -committee including people not necessarily on the committee, and to use a reasonable amount of staff time to come up with all the facts involved in connection with- a possible gas tax and give us the information in suffi- cient time for consideration for next year's budget session. Bill Brengle, member of the A.A.R.P., noted that the radio had stated that discussion re the gas tax would be at 1:30 P.M. and he felt some people may show up at that time. 39 QQK 5.3 PAGE 729 JUN 15 1993 L r JUN 15 1983 to Fig 730, Commissioner Scurlock stated that the information given out over the air should be corrected, because it is wrong. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried unanimously. SEPTAGE DISPOSAL RESTRICTION AT COUNTY LANDFILL The Board reviewed the following memo dated 6/3/83: TO: THE HONORABLE MEMBERS OF THE DATE: June 3, 1983 FILE: Y. BOARD OF COUNTY COMMISSIONERS THROUGH: Michael Wright County Administrator SUBJECT: NINETY (90) DAY PHASE OUT RESTRICTING SEPTAGE DISPOSAL AT COUNTY LANDFILL FROM: PeMr,nc G. Pinto REFERENCES' Item #3 of Attached Utility Services Director Letter from DER DESCRIPTION AND CONDITIONS: Utility Services has been instructed by the Department of Environmental Regulation to phase out the unlined septage pits located at the Landfill (lagoons) and devise a better method for handling residential and commercial septage. ALTERNATIVES AND ANALYSIS: An alternative would be to require vendors to discontinue using the Landfill and have them seek a land disposal site -approved by the Department of Environmental Health. As of January 1, 1983, Environmental Health has the authority to approve these sites. A meeting will be arranged between Environmental Health, private industries operating this type of -business and Utility Services explaining the new procedure to the industries. RECOMMENDATION: - The staff recommends a ninety (90) day phaseout restricting septage being disposed of at the Landfill. _40 Terry Pinto, Utilities Director, reported that a bad situation exists at the landfill due to accepting septage from private septic tank companies and placing it in lagoons. The DER has suggested to us that it is not the proper way to handle it, and he agreed. Mr. Pinto explained that the approval of.disposal of septage is something that can be handled by our Environmental Health here. The Director of Environmental Health has the authority to authorize septage to be dumped on ground. However, he does not have that authority when it is dumped inside the landfill. Mr. Pinto reported that the major part of the septage is water and if it is handled properly, it can be distributed in a grove, on sod farms, eta. and cut under. There is no problem unless it is put all in one spot. Commissioner Scurlock asked why it was not delivered directly to a waste water plant and Mr. Pinto answered that he didn't know any facilities that were designed to receive septage that was not pretreated. Chairman Bird asked if we tell the haulers that they can't dump it at the landfill, where do we tell them they can take it. Mr. Pinto answered that they are going to phase it out, and with the cooperation of the Environmental Health people, they are going to try to find alternate places for it to be dumped. Commissioner Scurlock felt it would be a benefit to the community for the County to develop a proper place to dump the septage rather than have it dumped anywhere in the middle of the night. He believed that the County has the responsibility to do everything possible to make it easy for the haulers to dump septage in a proper place. 41 JUN 15 1983 BOOK 5.3 JUN 15 1983 Mr. Pinto felt that a 90 -day phase out is better than suddenly saying one day that there is no dumping the next day. Discussion continued re various alternatives, and Commissioner Lyons requested that a solution be developed and brought back to the Board and requested that the Environmental Health people be in attendance at that time. He also felt that the County should not be considering going out of business, but rather going into the business of septage disposal. Administrator Wright advised that a Motion was not necessary; that the Utilities Department would bring the matter back to the Board at the second meeting in July. DISCUSSION - REPLACEMENT FOR DR. C. C. FLOOD, HEALTH DEPARTMENT Chairman Bird announced that this item was withdrawn from today's Agenda at the request of Dr. Flood. PROCLAMATION - MRS. BAMMA LAWSON - 101st BIRTHDAY Chairman Bird announced that Mrs. Lawson was not present today; however, Commissioner Bowman will visit Mrs. Lawson at her home next week to personally present the proclamation. 41A P R O C L A M A T I O N WHEREAS, June 22, 1983 will mark the birthday of MRS. BAMMA LAWSON, born 101 years ago; and WHEREAS, MRS. BAMMA LAWSON moved to the City of Sebastian in 1906 from Hahira, Georgia; and WHEREAS, MRS. BAMMA LAWSON has devoted her life to the betterment of the Sebastian community; and ` % WHEREAS, MRS. BAMMA-LAWSON began the first ,open library in Sebastian, making her home and books available to.. the local, children; and WHEREAS, it is deemed fitting for the Board of County Commissioners to recognize MRS. BAMMA LAWSON's birthday and honor her on this 101st year of her life, NOW, THEREFORE, BE IT PROCLAIMED BY THE BOARD OF COUNTY COMMISSIONERS, this 15th day of June, 1983, that MRS. BAMMA LAWSON is extended sincere wishes for a Happy 101st Birthday, and many happy returns. ATTEST. ` Freda Wright, Clerk BOARD OF COUNTY COMMISSI NERS Richard N. Bird, Chairman G A-A»� `A-4 lion u. 5curiocx, Jr., is 'Chairman L Patrick B. ns, Commissioner William C. Wodtke, Jr , Commissioner Margaret C. Bowman, Commissioner 42 &OK. 53 'FAGS 33 AMENDMENT TO PERSONNEL RULES & REGULATIONS RE VACATION LEAVE The Board reviewed the following memo dated 6/7/83:' TO: The Honorable Members of DATE: June 7, 1983 FILE: Agenda the Board of County Commissioners June 15, 1982 THRU: C. B. Hardin, Jr., Ph.D. SUBJECTVacation Leave : Assistant to the Administrator/ Amendment to Personnel Rules General Services Director and Regulations FROM: tjois oder REFERENCES: Personnel Manager It is recommended that the data herein be given formal consideration by the County Commission. AMENDMENT - Section 6, Paragraph 6.01-A Permanent employees who have been in the active full time employment of the County shall be eligible for vacation in accordance with the following schedule. Continuous Employment Vacation Leave Credit After 6 months 5 -Working Days After 1 year 5 Working Days In order to be eligible for vacation after 6 months continuous employment, employee must not have been absent from work more than five (5) days. Administrator Wright explained that this is a minor change that allows an employee to take annual leave after six months rather than the present requirement of one year. The County is not really giving any extra time, we are just allowing vacation time to be used at an earlier point of time. He advised that from a scheduling and management standpoint, the change would be most helpful. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, that the Board approve staff recommendation to change the personnel rule as explained above. 43 In discussion Commissioner Wodtke asked if this was paid vacation time and Administrator Wright said that the accrued amount of vacation time one can earn was not being changed, just that one can take it sooner. This request is due mainly to the stacking up of vacation time and the ensuing scheduling problems, i.e. there have been circum- stances where someone has been on board 9 or 10 months and was not eligible for vacation during the summer, and they then take their vacation the next summer when they have accrued 4 weeks. Commissioner Scurlock felt that he could support the Motion if he could be assured that it would be a unique situation to grant someone vacation time close to their 6 -month probation. Administrator Wright explained that vacation leave is subject to supervisory approval and that employees cannot have been absent for more than 5 days in the 6 -month probationary period to be eligible for vacation time. Attorney Brandenburg questioned the wording of staff recommendation by asking if the 6 -month period accrues on a pro -rata basis. Personnel Director, C. B. Hardin explained that during the first 6 months it is accrued, but cannot be used during that period. Dr. Hardin advised that should an employee quit during the first year, he would receive vacation pay for the period from six months to a year. He reported that the are completely rewriting personnel rules and regulations, but recommended this change be made at the present time. The Chairman CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 44 an -1 -7 �QQK 5 .UAE Commissioner Wodtke asked if this will affect the transfers from the Finance Department into the County in anyway. Administrator Wright explained that they are recommending them to moved in place just like they are, the same way as the Building Dept.; that whatever they have earned is what we will accept.. APPROVAL AND ADOPTION OF CODY REPORT The Board reviewed the following memo dated 6/2/83: TO: The HonorableMea►13ers of the DATE: June 2, 1983 FILE: Agenda Board of County Coissioners June 15, 1983 mm THRU: C. B. Har Jr., Ph. D. SUBJECT: Cody Report Assistant t he Administrator/ Generali ices Director FROM:,),4r' REFERENCES: Lois Hoder Personnel Managex: As requested by the Board of.. County Commission, Cody and Associates has completed a study of our classifications, pay plan and job descriptions. It is recommended that the data herein be given formal consideration by the County Commission. 1. Attached is a revised copy of the Classifications by Occupational G=roups and Allocation List as discussed by the Board during the workshop meeting of May 16, 1983. 2. A list of positions below the new salary range. 3. A list of positions at the top or above the new pay ranges. Staff recommends that funds in the amount of approximately $1,500 plus fringes, be approved by the Board and budgets be amended by October 1, 1983. Administrator Wright stated that basically these are the revised amendments as discussed during the workshop of May 11, 1983 and recommended approval by the Board. Personnel Manager Lois Hoder confirmed that the bottom line financially is that the acceptance of this report would 45 � r r be an additional cost of $1,500 for the remainder of this fiscal year. Commissioner Scurlock questioned the new positions shown on page 176 under the Building & Grounds Dept. and Administrator Wright stated that these are not new positions, but are existing positions with new designations or grades. It was pointed out that the breakdown of the additional cost of $1,500 appeared on Agenda page 202 and that on page 203 there were some positions that were out of range in that they are currently exceeding the pay rate and would be redlined. Commissioner Lyons was assured that the revisions are consistent with what was recommended in the workshop. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously approved staff recom- mendation and adopted the Cody Report, together with the classifications and the salary ranges of the report. Commissioner Scurlock asked if we are going to analyze once again the custodian services, in-house vs. contractual services, because there are presently 12 personnel in Building & Grounds. Administrator Wright advised that is in progress and will ready for the next budget meeting. 46 JUN 15 19083 o�c 53 KH 737 T1 1933 _ a©ct Class Title VII CLASSIFICATIONS BY OCCUPATIONAL GROUPS Present Grade ACCOUNTING & RELATED ACCOUNT CLERK SENIOR ACCOUNT CLERK ADMINISTRATIVE & RELATED PERSONNEL ASSISTANT PERSONNEL MANAGER ADMINISTRATIVE ASSISTANT TO B.C.C. COMMUNITY SERVICES DIRECTOR ASSISTANT TO COUNTY ADMINISTRATOR/ GENERAL SERVICES DIRECTOR COUNTY ADMINISTRATOR AGRICULTURE EXTENSION SERVICES EXTENSION AGENT (AGRICULTURE) COUNTY EXTENSION DIRECTOR AUTOMOTIVE - EQVIPMENT GENERAL EQUIPMENT MECHANIC I GENERAL EQUIPMENT MECHANIC II CHIEF EQUIP .I. ENT MECHANIC PAINT & BODY MECHANIC AUTOMOTIVE SERVICEWORKER PARTS FOREMAN FLEET MANAGEMENT SUPERINTENDENT BUILDING & GROUNDS MAINTENANCE SECURITY OFFICER CHIEF SECURITY OFFICER GROUNDSKEEPER BUILDING & GROUNDS FOREMAN BUILDING & GROUNDS SUPERINTENDENT GENERAL TRADES WORKER CUSTODIAN CREW LEADER CUSTODIAN 5 10 10 21 21 30 30 35 11 12 14 12 7 14 '21 3 New 10 New 21 8 8 3 5.3 PACE 738 Proposed. Grade 7 N/C 11 N/C N/C ADM A ADM C ADM G N/C N/C N/C N/C N/C N/C N/C N/C N/C 4 5 N/C 14 N/C 10 9 4 Rev 5-16-83 176 Class Title Present Grade Proposed. Grade CLERICAL & RELATED SWITCHBOARD OPERATOR/RECEPTIONIST 5 CLERK TYPIST 5 COMMUNITY SERVICE AIDE New SECRETARY . 5 SENIOR'SECRETARY 7 ADMINISTRATIVE SECRETARY 10 SECRETARY TO COUNTY ADMINISTRATOR 10 MAIL CLERK 5 COMMUNITY DEVELOPMENT & RELATED ZONING TECHNICIAN New ZONING INSPECTOR 13 CARTOGRAPHER/DRAFTSPERSON New PLANNING TECHNICIAN 11 PLANNER 13 SENIOR PLANNER 14 ENVIRONMENTAL PLANNER New PRINCIPAL PLANNER New PLANNING & ZONING MANAGER New COMMUNITY DEVELOPMENT DIRECTOR 27 COUNTY ATTORNEY ASSISTANT COUNTY ATTORNEY 27 COUNTY ATTORNEY 34 LEGAL SECRETARY 10 DATA PROCESSING & RELATED - PROGRAMMER II 17 ENGINEERING & RELATED SURVEY AIDE 6 SURVEY INSTRUMENT TECHICIAN 11 SURVEY PARTY CHIEF Ne CIIIEF SURVEYOR 20 FNGINEERING INSPECTOR 9 ASS I :;TAN T COUNTY NG ::IFF ER tie• 3 ORAi , ..IG ...CI.... , .l% 15 1983 N/C N/C 8 6 8 11 11 NIC 10 N/C 10 N/C 14 16 16 18 27 ADM A ADM A ADM G 13 17 NIC N/C Neo 14 NIC eoo� SAGE 7'9 1-- tool Class Title Present Grade Proposed Grade ENGINEERING & RELATED - CONT. SENIOR DRAFTING TECHICIAN New 8 PUBLIC WORKS DIRECTOR 30 ADM B HOUSING AUTHORITY SECTION 8 PROGRAM MANAGER 14 NIC HOUSING EXECUTIVE DIRECTOR 21 27 SECTION 8 TECHNICIAN 9 NIC LANDFILL & REFUSE NIGHT WATCHMAN 5 NIC SCALE OPERATOR 7 N/C CREW LEADER 7 9 ASSISTANT LANDFILL SUPERINTENDENT 15 NIC LANDFILL SUPERINTENDENT 19 21 MAINTENANCE, EQUIPMENT OPERATIONS & RELATED MOTOR EQUIPMENT OPERATOR 1 6 NIC MOTOR EQUIPMENT OPERTOR 11 8 N/C HEAVY EQUIPMENT OPERATOR 12 N/C FINISH GRADER OPERATOR 14 N/C ROAD & BRIDGE FORMAN 1 14 NIC ROAD & BRIDGE FORMAN 11 15 NIC ROAD & BRIDGE MANAGER 17 N/C ASSISTANT ROAD & BRIDGE SUPERINTENDENT 18 N/C ROAD & BRIDGE SUPERINTENDENT 21 N/C MAINTENANCE WORKER 11 6- NIC MAINTENANCE WORKER I New 3 PUBLIC PROTECTION ASSISTANT PUBLIC PROTECTION/ . CIVIL DEFENSE DIRECTOR 15 NIC PUBLIC PROTECTION/CIVIL DEFENSE DIRECTOR 21 N/C PURCHASING & STORES STORES CLERK 6 NIC PURCHASING SPECIALIST New 14 PURCHASING AGENT 21 NIC -29- RlWed 5-16-83 177 A S� Class Title RECREATION/PARKS RECREATION SUPERVISOR PARK MAINTENANCE WORKER PARK MAINTENANCE FOREMAN PARKS & RECREATION SUPERINTENDENT TRAFFIC ENGINEERING TRAFFIC MAINTENANCE TECHNICIAN TRAFFIC/SIGNAL TECHNICIAN TRAFFIC MAINTENANCE FOREMAN TRAFFIC MAINTENANCE WORKER TRAFFIC ENGINEER VETERANS SERVICES ASSISTANT VETERAN SERVICE OFFICER VETERAN SERVICE OFFICER WELFARE SERVICES ACTING WELFARE MANAGER YOUTH GUIDANCE YOUTH GUIDANCE VOLUNTEER COORDINATOR UTILITIES & RELATED METER READER UTILITIES SERVICE WORKER DISTRIBUTION & COLLECTION SUPERVISOR FIELD OPERATION SUPERVISOR UTILITIES MAINTENANCE SUPERVISOR TREATMENT PLANT OPERATOR (TRAINEE) TREATMENT PLANT OPERATOR TREATMENT PLANT SUPERVISOR FRANCHISE COMPLIANCE ENGINEER CUSTOMER SERVICE REPRESENTATIVE UTILITY OFFICE MANAGER PLANT_MECHANIC LIFT STATION MAINTENANCE Present Grade UTILITIES DIRECTOR ;MANAGER WATER TREATMENT FACILITIES MANAGER WASTEWATER TREATMENT -OPERATIONS JUN 15 1983 -30- Proposed Gracie 10 N/C New 6 10 N/C 15 21 New 8 New 16 New 13 New-, 6 18 21 8 10 15 18 12 18 15 18 7 N/C 7 N/C 13 16 11 14 15 N/C New 8 New 11 New 14 15 N/C New 8 20 N/C New 11 New 11 30 ADM A 18 15 • ROOK 53 %041 7 A- 15 -1983. :.' .....:>"- • ,iii • - . R=d 5-16-83 - /Eo ALLOCATION LIST Employee Present Proposed Present Proposed Name Classification Classification Grade Grade ADMINISTRATION OFFICE WRIGHT, M. CO. ADMINISTRA. COUNTY ADMINIS- 35 ADM G TRATOR GUNTER, M. ADMIN.ASST/EXEC SECRETARY TO 10, 11 SECRETARY COUNTY ADMINISTRATOR BOARD OF COUNTY COMMISSIONERS FORLANI, E. ADMIN ASST TO ADMIN. ASSISTANT 21 21. B.C.C. TO B.C.C. WHITE, A. ASST SECRETARY ADMINISTRATIVE 10 11 TO B.C.C. SECRETARY MASI, JAN SR SECRETARY SENIOR SECRETARY 7 8 TO B.C.C. COMMUNITY SERVICES THOMAS, T. INTERGC)V'T COORD COMMUNITY SERVICE 30 ADM A DIRECTOR MIXON, J. CLERK/TYPIST COMMUNITY'SERVLCE AIDE 8 GENERAL SERVICES HARDIN, C. B. ASST TO CO ADMIN/ ASSISTANT TO 30 ADM C PERS DIR COUNTY ADMIN/ GENERAL SERV DIR. MCCORKLE, J. ADMIN ASSISTANT PERSONNEL 10 11 ASSISTANT WOOD, D. COMPUTER PROG _ COMPUTER PROGRAM- 17 17 MER II STRICKLAND, K. SWITCHBOARD OPER SWITCHBOARD OPER/ 5 51 RECEPTIONIST SCROGGS, H. MAIL CLERK ASST MAIL CLERK 5 5 PERSONNEL SERVICES HODER, L. PERSONNEL MGR PERSONNEL MANAGER 21 21 R=d 5-16-83 - /Eo Employee Present Proposed Present- Proposee, Name Classification classification Grade Grade WAKEFIELD, J. CO EXT DIR COUNTY EXTENSION DIRECTOR COMBS, B. AGRI AGENT EXTENSION -AGENT -- PINKERTON, D. SENIOR SEC SENIOR SECRETARY 7 JUN 15 1983 Revised 5-16-83 0 -74*3 .0 wE 4. JUN15. �9�3� 5.3�iF 1 4 - Rem,_ 5-16-83 f ALLOCATION LIST BUILDING MAINTENANCE DEPARTMENT Employee Present Proposed Present Proposed Name Classification Classification Grade Grade WILLIAMS, L. MAINT. SUPERVISOR BUILDING & GROUNDS 21. 27•__ SUPERINTENDENT MYERS, R. GEN. TRADES WKR BUILDING/GROUNDS 10.- 14 FOREMAN ALLEN, J. CUSTODIAN CUSTODIAN 4 4 CAMPBELL, D. CUSTODIAN CHIEF SECURITY 3 5_ OFFICER IRVING, A. CUSTODIAN CUSTODIAN 3 4 GUILIANO, J. CUSTODIAN CUSTODIAN 3 4 BRAUGHTON, D. -GEN. TRADES WRK GEN. TRADES WORKER 10 LITTLE, G. CREW LEADER CUSTODIAN CREW 8 g LEADER DONAHUE, H. SECURITY, PT SECURITY. PT 3 4 PEYSSARD, L. GROUNDS KEEPER GROUNDS KEEPER 10 10 TIMONERE, V. CUSTODIAN CUSTODIAN 3 4 JOHNSON, J. CUSTODIAN CUSTODIAN 3 4 CONLEY, S. TRADESWORKER TRADESWORKER 10 10 Rem,_ 5-16-83 f ALLOCATION LIST COMMUNITY DEVELOPMENT Employee Present Proposed Present Propose Name Classification Classification Grade Grade KING, B. COMM. DEV. DIR. COMMUNITY DEVEL- 27 ADM A OPMENT DIRECTOR KEATING, R. P & Z MANAGER P & Z MANAGER 27 _. CHALLACOMBE, A. PLANNING MANAGER ENVIRON. PLANNER 21 16 GOETZFRIED, M. PLANNER I PLANNER 13 14`. POUPARD, C. PLANNER I - PLANNER 13 14 WOODARD, L. CARTOGRAPHER/ 10 DRAFTSPERSON CRAVER, K. PLANNING TECH. -PLANNING TECH. 11 11 BOLAND, J. ADMINISTRATIVE/ ADMINISTRATIVE/ 10 1J ASSISTANT SECRETARY SCHEIHING, B. SENIOR SECRETARY SENIOR SECRETARY 7 8 WHETZEL, V. CLERK/TYPIST CLERK/TYPIST 5 5 DAVIS, B. ZONING INSPECTOR ZONING INSPECTOR ±:i.� 13 KINDIG. C. ZONING INSPECTOR ZONING INSPECTOR 13 13 WALKER, D. ZONING MANAGER ZONING INSPECTOR 21 13 SMITH, M. SENIOR SECRETARY SENIOR SECRETARY 7 8 JUN 15 1983 Revised 5-16-83 L_ '53. fAu.745 JUN' 1 5 1983 ALLOCATION LIST COUNTY ATTORNEY DEPARTMENT 0QK. n Hca 'F 746 Employee Present Proposed Present Proposed Name Classification Classification Grade Grade BRANDENBURG, G. COUNTY ATTORNEY COUNTY ATTORNEY 34 ADM G PAULL, C. ASST CO ATTORNEY ASSISTANT COUNTY ATTORNEY 27 ADM A GENTILE, M. LEGAL SECRETARY LEGAL SECRETARY 1D 13 Rem 5-16-83 r CIVIL DEFENSE Employee Name NUZIE , L. CUSHMAN, R. DAVIS, E. JUN 15 1983 Revised 5-16-83 ALLOCATION LIST Present Proposed Present Propo;­,ecy. Classification Classification Grade Grade C D DIRECTOR PUBLIC.PROTECTION DIRECTOR 21 21 ASST CD DIR. ASSISTANT PUBLIC --PROTECTION DIRECTOR 15 15 SECRETARY SENIOR SECRETARY 5 8 Boat t%�E 747 I An 15 1983 ALLOCATION LIST FLEET MANAGEMENT DEPARTMENT Employee Present Name Classification MCCORKLE, J. FLEET MGT SUPT BUTTERMORE, J. PAINT & BODY SPEC. ESTRADA, N. GEN EQUIP MECH HEITZMAN, D. OWENS , M. SMITH, R. THOMAS, J. VALENTINE, B. SR. VOTZI, M. FLINT, J. VALENTINE, B. JR. HARRIS, P. MILES, W. BAKER, R. TURNER, D. R d 5-16-83 ��i-x -� .48 S .� EG10K e .. Proposed Present Proposed Classification Grade Grade FLEET MANAGEMENT 21 21 SUPERINTENDENT CHIEF EQUIPMENT 14 PAINT & BODY 12 12 MECHANIC GENERAL EQUIP GENERAL EQUIPMENT 11 11 MECHANIC I MECHANIC II GEN EQUIP MECH GENERAL EQUIPMENT 11 11 MECHANIC I GEN EQUIP MECH GENERAL EQUIPMENT 11 12 MECHANIC IT NIGHT FOREMAN CHIEF EQUIPMENT 14 14 MECHANIC MECHANIC SPEC. CHIEF EQUIPMENT 14 14 MECHANIC GENERAL EQUIP GENERAL EQUIPMENT 11 12 MECH MECHANIC II MOBILE LUBE SPEC-- AUTOMOTIVE 7 7 SERVICEWORKER ACCT CLERK SENIOR ACCOUNTING 11 11 CLERK MECH TRAINEE MECHANIC I — TR 6 ll(TR) PARTS FOREMAN PARTS FOREMAN 14 14 MECH SPEC GENERAL EQUIPMENT 12 12 MECHANIC II GEN MECHANIC GENERAL EQUIPMENT 11 11 MECHANIC I VEH. MAINT FORE CHIEF EQUIPMENT 14 14 MECHANIC ALLOCATION LIST HOUSING AUTHORITY Employee Present Proposed Present Propose Name Classification Classification Grade Grade REGAN, E. HOUSING & COMM. HOUSING EXECUTIVE DEV. DIR. DIRECTOR 21 27 NEELEY, R. SECTION 8 (PROG. SECTION 8 (PROGRAM MANAGER) MANAGER) 14 14 NEUBAUER, J. SECRETARY SECRETARY 6 KELLER, M. ".ACCT. CLERK HOUSING TECHNICIAN 9 9 (SECTION 8) TAYLOR, L. CLERK/TYPIST CLERK/TYPIST 5 JUN 15 11-903 Revised 5-16-83 aar�x 53, �a 749 JUN 15 Q .S, ALLOCATION LIST LANDFILL & REFUSE DEPARTMENT Employee Present Proposed Present Proposed Name Classification Classification Grade Grade HAILEY, R. LANDFILL SUPER LANDFILL 19 21 SUPERINTENDENT BROCK, 0. HEAVY EQUIP OPER. HEAVY EQUIPMENT 11 12 ._. OPERATOR COLVIN, D. HEAVY EQUIP OPER. HEAVY EQUIPMENT 11 12 OPERATOR EMMONS, J. HEAVY EQUIP OPER. HEAVY EQUIPMENT 11 12' OPERATOR McNEAL, R. ASST. SUPERVISOR ASSISTANT LANDFILL 15 15 SUPERINTENDENT SOCKBESON, F. SCALE OPER. -SCALE OPERATOR 7 7 HOLTER, S. MED. EQUIP..OPER. HEAVY EQUIPMENT 8 12 OPERATOR TARANGER, A. LANDFILL ATTD. SCALE OPERATOR 7 WOOLFORK, W. MED. EQUIP. OPER. HEAVY EQUIPMENT 8 11 OPERATOR BORTEI., B. MED. EQUIP. OPER. HEAVY EQUIPMENT -8 12 OPERATOR McNEAL, J. NIGHT SECURITY NIGHT WATCHMAN 4 5 LEWIS, M. LT. EQUIP. OPER. HEAVY EQUIPMENT 6 12 OPERATOR REFUSE DEPARTMENT BAITA, D. MED. EQUIP. OPER. MOTOR EQUIPMENT 9 8 OPERATOR II PEASE, C. CREW LEADER CREW LEADER 7 9 GARRETT, W. MAINT. WORKER MAINTENANCE WORKER 4 6 PARKER, H. MAINT. WORKER MED. EQUIPMENT 4 6 OPERATOR BENEDICT, L. ------ MOTOR EQUIPMENT - 6 OPERATOR PARKER, K. LT. EQUIP. OPER. MOTOR EQUIPMENT 6 6 OPERATOR R_d 5-16-83 / p LANDFILL & REFUSE DEPARTMENT - CONT. NEWBOLD, W. MAINT. WORKER MAINTENANCE WORKER REESE, D. MAINT. WORKER MAINTENANCE WORKER PROSEN, D. MAINT. WORKER MAINTENANCE WORKER CAIN, D. MECHANIC MECHANIC JUN 15 1983 Revised 5-16-83 12 6 6 6 1 "l eQa�cc 751 % �i JUN 15 1933 1 dbQK f c 7,52 404 ALLOCATION LIST PARKS AND RECREATION Employee Present Proposed Present Proposed Nama Classification Classification Grade Grade COOK, W. PARK SUPER PARK & RECREATION 15 21 .- SUPERINTENDENT GUY, B. ASST PARK SUPER PARK MAINTENANCE 10 10 FOREMAN WILLIAMS, T. LT. EQUIP OPER PARK MAINTENANCE 6 6 WORKER HIGHTOWER, M. LT. EQUIP.OPER PARK MAINTENANCE 6 6 WORKER LISLE, J. LT. EQUIP OPER PARK MAINTENANCE 6 6. WORKER LASH, R. LT. EQUIP OPER PARKMAINTENANCE 6 6 WORKER CONN.,. C. LT. EQUIP OPER PARK MAINTENANCE 6 6 WORKER = WOOD, R.. LT. EQUIP OPER PARR MAINTENANCE 6 6 WORKER STALEY, L. GIFFORD PARK RECREATION 9 10 REC DIRECTOR SUPERVISOR HARVEY, C. CLERK TYPIST SENIOR SECRETARY 5 8 EKONOMOU, K. RECREATION SUPER RECREATION 10 10 SUPERVISOR FORBES, T. CREW LEADER " CREW LEADER 7 9 RAY, C. - - - PARK MAINTENANCE - 6 WORKER HALLQUIST, J. LIFEGUARD CAPT. HEAD LIFEGUARD 9 9 HOPPER, E. LT. EQUIP. OPER. PARK MAINTENANCE 6 6 WORKER Revised 5-16-83 ALLOCATION LIST PUBLIC WORKS - ENGINEERING Employee Present Proposed Present Proposeez Names Classification Classification Grade Grade DAVIS, J. P/W DIRECTOR PUBLIC WORKS 30 ADM 1; DIRECTOR/ -- COUNTY ENGINEER ORR, M. TRAFFIC ENG TRAFFIC ENGINEER 18 21 FINNEY, D. ENG TECH ENGINEERING 18 18 TECHNICIAN TERRY, N. CHIEF DRAFTS. ENGINEERING 18 18 TECHNICIAN BROWN, P. INSTRUMENTMAN/ SURVEY INSTRUMENT 11 11 RODMAN TECHNICIAN THORNE, B. SECRETARY ADMINISTRATIVE 5 11 SECRETARY JONES, D. CHIEF SURVEYOR CHIEF SURVEYOR 20 20 SULTZMAN, C. SURVEYORS ASST SURVEY AIDE 6 6 NORRIS, J. SIGN TECH TRAFFIC MAINTENANCE FOREMAN 12 13 CLEAR, R. SIGN TECH TRAFFIC MAINTENANCE 6 8 TECHNICIAN LOFF, J. GENERAL TRADES TRAFFIC SIGNAL 10 16 WORKER TECHNICIAN MCCULLY, W. - - - ASSISTANT COUNTY - 26 ENGINEER MEAGER, W. - - - ENGINEERING - g INSPECTOR BUTLER, J. - - - TRAFFIC MAINT TECH. - 8 MORGAN, J. - - - CLERK TYPIST - 5 JUN 15 I983 Revised 5-16-83 BOOK FACE. .753. /9l J baDK �� F r r JUk 15 83 R 5-16-83 = f f C'1 ALLOCATION LIST PURCHASING DEPARTMENT Employee Present Proposed Present Proposed Name Classification Classification Grade. Grade GOODRICH, C. PURCHASING DIR. PURCHASING 21 21 AGENT OILER, B. ACCT. CLERK ACCOUNT- CLERK 5 7 WOOD, R. INVENTORY CLERK PURCHASING 5 14 SPECIALIST R 5-16-83 = f f C'1 ALLOCATION LIST ROAD AND BRIDGE DEPARTMENT Employee Present Proposed Present. Proposed Name Classification Classification Grade Grade VanAUKEN, A. SUPERINTENDENT ROAD & BRIDGE 21 21 SUPERINTENDENT GENTILE, D. ASST SUPERINT. ASSISTANT ROAD & 18 18 BRIDGE SUPERINTENDENT BURNS, A. SR SECRETARY SENIOR SECRETARY 7 8 BRISTOL, J. HEO I FINISH GRADER 14 14 -•OPERATOR BROWN, A.D. MOTOR EQUIP OPR I MAINTENANCE WORKER 6 6 CAMPBELL, G. HEO II HEAVY EQUIPMENT 12. 12(71k) OPERATOR (TRAINEE) CARAWAY, J. ....HEO III HEAVY EQUIPMENT 14 12 OPERATOR COLEMAN, T. MAINT WKR II MAINTENANCE WORKER 6 6 COLEMAN, C. HEO III HEAVY EQUIPMENT 14 12 OPERATOR COLEMAN, D. HEO II HEAVY EQUIPMENT 12 12 OPERATOR , CREAMER, L. MAINT WORKER II MOTOR EQUIPMENT 6 8 OPERATOR II DANSBURY, W. HEO I HEAVY EQUIPMENT 10 12(TR) OPERATOR (TRAINEE) DORSETT, E. MEO II MOTOR EQUIPMENT 8 8 OPERATOR -II FEDELE, J. CARPENTERS HELP MAINTENANCE WORKER 5 6 FENDLEY, L. MEO II MOTOR EQUIPMENT 8 8 OPERATOR II FYE, J. MAINT WORKER II MAINTENANCE WORKER 6 6 HALL, G. HEO II HEAVY EQUIPMENT 12 12 OPERATOR HAMILTON, E. MAINT WORKER II MOTOR EQUIP OPER I 6 6 HARRELL, G. HEO II HEAVY EQUIPMENT 12 12 OPERATOR F.AILEY; R. HEO I HEAVY EQUIPMENT 10 12 OPERATOR RIPPLE, G. MAINT WORKER II MOTOR EQUIPMENT 6 6 OPERATOR I HUGHES, C. MANAGER ROAD & BRIDGE 17 17 JUN 15 1983 MANAGER Revised 5-16-83 ha 53 PAGE ym 1 of 4 l 193 IF,_JU'iV 15 Box Employee Present Proposed Present Proposed. Name Classification Classification Grade Grade INGRAM, S. MAINT WORKER II MOTOR EQUIP OPER I 6 6 JONES, D. MEO II MOTOR EQUIPMENT 8 8 OPERATOR II JONES, E. MAINT WORKER II MOTOR EQUIPMENT 6 8 OPERATOR II KISIO, M. HEO III HEAVY EQUIPMENT 14 12 r_ OPERATOR _ LASTER# E. HEO II MAINTENANCE WORKER 12 6 LASTER, J. SUPERVISOR ROAD & BRIDGE 15 17 MANAGER LINDROSE, J. MAINT WORKER II STORES CLERK 6 6 NICHOLSON, A. MAINT WORKER II MOTOR EQUIPMENT 6 6 OPERATOR I MCCULLOCH, D. MEO II MOTOR EQUIPMENT 8 8 OPERATOR TI MCDANIEL, J. HEO II HEAVY EQUIPMENT 12 12 OPERATOR McNEAL, P. MAINT WORKER II MAINTENANCE WORKER 6 6 McGLOWN, G. MAINT WORKER II MAINTENANCE WORKER 6' 6 MICKEL., E. MEO II MOTOR EQUIPMENT 8 8 OPERATOR II MILLS, J. SUPERVISOR_ _ ROAD & BRIDGE 10 14 FOREMAN I y NEWKIRK, W. MAINT WORKER II MAINTENANCE WORKER 6 6 NEWMAN, J. MAINT WORKER II MAINTENANCE WORKER 6 6 NORRIS , J. MEO I MAINTENANCE Tyr?ORKER 6 6 O'NEAL, R. HEO II HEAVY EQUIPMENT 12 12 OPERATOR PARKER, B. MAINT WORKER II MAINTENANCE WORKER 6 6 PATTERSON, H. HEO II HEAVY EQUIPMENT 12 12 OPERATOR PATTERSON, L. SUPERVISOR ROAD & BRIDGE 15 15 FOREMAN II PECK, P. SUPERVISOR ROAD & BRIDGE 10 14 FOREMAN I PERRY, E. MEO II MOTOR EQUIPMENT 8 8 OPERATOR II R 5-16-83 2 /1( of 4 Employee Present Name Classification Proposed Present Proposed Classification Grade Grade; REDDIE, B. MAINT WORKER II HEAVY EQUIPMENT- .6 OPERATOR (TRAINEE) REEVES, R. HEO II HEAVY EQUIPMENT 12 OPERATOR REYNOLDS, A. MEO II HEAVY EQUIPMENT 8 OPERATOR RIMES, J. MEO II MOTOR EQUIPMENT 8 OPERATOR II ROBINSON, J. MAINT WORKER II MAINTENANCE WORKER 6 ROSS, L. MAINT WORKER II MOTOR EQUIPMENT 6 OPERATOR II RYAN, S. SUPERVISOR ROAD & BRIDGE 14 FOREMAN II SCHARFSCHWEDT, F. MANAGER ROAD & BRIDGE 17 MANAGER SHAW, J. HEO II HEAVY EQUIPMENT 12 OPERATOR SIMMONS, V. MEO II MOTOR EQUIPMENT � OPERATOR II SIMPSON, D. MAINT WORKER II MAINTENANCE WORKER 6 SMITH, C. MAINT WORKER MOTOR EQUIPMENT 8 OPERATOR II SOVINE, C. SUPERVISOR ROAD & BRIDGE 12 FOREMAN I TATE, H. MAINT WORKER II MAINTENANCE WORKER 6 TEAGUE? W. MAINT WORKER II MOTOR EQUIP O^ER I 6 THOMPSON, P. MANAGER ROAD & PRIDGE 17 MANAGER TRIPP, C. SUPERVISOR ROAD & BRIDGE 12 FOREMAN I TROUTMAN, A. MAINT WORKER II MAINTENANCE WORKER 6 TROUTMAN, B. MAINT WORKER II MAINTENANCE WORKER 6 TURNER, F. MAINT WORKER MOTOR EQUIPMENT 6 OPERATOR I WALKER; D. - - - HEAVY EQUIPMENT - OPERATOR JUN 15 1993 Revised 5-16-83 3 of 4 itax 5-1 MCE 75 (. aooR .5� 'i�� 1 Employee Present Proposed Present Propose Name Classification Classification Grade Grade WATSON, L. MEO II MOTOR EQUIPMENT 8 8 OPERATOR II WEBER, W. MAINT. WORKER II MAINTENANCE WORKER 6 6 WESLEY,.B. MAINT. WORKER II MAINTENANCE WORKER 6 6 WILLIAMS, M. MAINT. WORKER II MAINTENANCE WORKER 6 6 WILLMOT, D. CARPENTERS HELPER MAINTENANCE WORKER 5 6 HALLOCK, R. MAINT WORKER II MOTOR EQUIPMENT 6 G OPERATOR WILSON, E. MAINT. WORKER MAINTENANCE WORKER 6 6 THOMAS, J. HEAVY EQUIP. OPER. HEAVY.EQUIP. OPER. 10 10 EVERHART, J. PESTICIDE TECH. PESTICIDE TECH. 10 10 MITCHELL, R. MAINT. WORKER MAINTENANCE WORKER 6 6 - JONES, D. MAINT. WORKER MAINTENANCE WORKER 6 6 R=d 5-16-83 % �� ALLOCATION LIST UTILITIES DEPARTMENT Employee Present Proposed Present Propose Name Classification Classification Grade Grade PINTO, T. UTILITIES DIRECTOR UTILITIES DIRECTOR 30 ADM A LINER, G. UTILITIES MANAGER MGR. OF WATER 21 18 _ TREATMENT FACILITIES BAIRD, J. ASST. UTILITIES UTILITIES OFFICE 20 20 MANAGER MANAGER YOUNG, L. UTIL OPER. ASST. DISTRIBUTION & 13 16 COLLECTION SUPER BULLARD, E. UTIL FIELD WKR UTILITIES SERVICE 8 8 WORKER (LW) BYRD, H. FIELD SUPER -FIELD OPERATIONS 11 14 SUPERVISOR CROSS-, R. METER READER METER READER .7 7 SHEPARD, V. ACCT CLERK III CUSTOMER SERVICE 7 8 REPRESENTATIVE O'KEEFE, B. PLANT & MAINT. WKR PLANT OPERATIONS 8 8 (TRAINEE) NILE, P. MAINT SUPER UTILITIES MAINTENANCE SUPERVISOR 15 15 SMITH, D. FRANCHISE INSP.- MGR. WASTEWATER 15 15 TREATMENT OPERATIONS LEWIS, I. ACCT. CLERK SR.-A000UNTING CLERK 5 10 YODER, J. CLERK.TYPIST CUSTOMER'SERVICE 5 8 REPRESENTATIVE ADOLPHSON, A. PLANT OPERATOR - 11 (IXORA) MORRIS C. PLANT OPERATOR 11 (VISTA) HAMILTON, J. ADMIN. ASST. ADMINISTRATIVE 10 11. SECRETARY BELLEFLEUR, S. UTILITIES SERVICE 7 7 WORKER RENDA, R. UTIL SERV WKR UTILITIES SERVICE 7 7 WORKER JUN 15 Wate... Revised 5-16-83 too fAGEto9 / Q JUIN 15 1983' aw 5,3PAtF.160 Employee Present Proposed Present Propose Name Classification Classification Grade Grade SARVER, M. Util. Serv. Wrk. 7 7 MIDDLETON, G. UTILITIES SERVICE 7 7 WORKER R 5-15-83 - ALLOCATION LIST VETERANS SERVICE Employee Present Proposed Present Propoep Name- Classification Grade Grade COOK, J. VA SERVICE OFF V.A. SERVICE 15 18 OFFICER TOUSSAINT, H. ASST VA SERV OFF ASSISTANT V.A. 8 10 SERVICE OFFICER McCANN, V. ASST VA SERV OFF ASSISTANT V.A. 8 10 SERVICE OFFICER JUN 15 1983 � Revised 5-16-83 nox 5.J FACE.701 9 r JUN 15 1983 .ALLOCATION LIST WELFARE OFFICE Employee Present Proposed Present- Proposed Name Classification Classification Grade Grade ATTLEE, D. ASST WELFARE SUPER ACTING 7 lg WELFARE MANAGER Re 5-16-83 _ i ALLOCATION LIST YOUTH GUIDANCE Employee Present Proposed Present Proposed Name Classification Classification Grade= Grade SAUERMAN*, R. Y.G. VOL COORD YOUTH GUIDANCE VOLUNTEER COORDINATOR 1$ 18 DEAN, P. SR SECRETARY SENIOR SECRETARY 7 8 Revised 5-16-8.3 JUN 15 W3 Qac ; 5.3 PAGE 763 '�� pr - JUN IS 1,983 Attacbment #2 Annual Cost Cost 6-19 - 9-30 BELOW NEW SALARY RANGE 855 Grade 464 Position Present Minimum 104 30 595 173 Salary New Grade 15 to 21 Park & Rec. 17,076 20,213 247 72 602 Superintendent 324 94 5 to 8 Sr. Secretary 9,869 10,724 10 to 14 R & B Foreman I 13 ,24 14,358 10 to 14 R & B Foreman I 13,624 14,358 6 to 8 Medium Equipment 10,628 10,732 Operator II 21 to 27 Housing Executive 26,468 27,063 Director 8 to 12 Heavy Equipment 12,917 13,047 Operator 6 to 12 Heavy Equipment 12,917 13,047 Operator 8 to 12 Heavy Equipment 12,917 13,047 Operator New - 7 Utility Service 9,984 10,231 Worker New - 7 Utility Service 9,984 10,231 Worker 5 to 10 Sr. Accounting 11,804 12,406 Clerk 5 to 8- Customer Service 10,400 10,724 Representative New - 7 Utility Service 9,984 10,231 Worker New - 7 Utility Service 9,984 10,231 Worker Annual Cost Cost 6-19 - 9-30 *3,137 908 855 247 464 134 104 30 595 173 130 38 130 38 130 38 247 72 247 72 602 180 324 94 247 72 247 72 7,934 2,302 -*3,137 * 908 4,786 1,394 � v v- Attacbment #3 JUN 15 '1983 box 53 Fa�a X65 � L- °-0-J TOP OF RANGE SALARIES Grade Position Present New Top Of Difference Range 21 to 13 Zoning Manager 20,243 18,741 1,502 9 to 8 Motor Equipment - 15,558 14,685 873 Operator 14 to 12 Heavy Equipment 19,510 17,846 1,664 Operator same - 6 Stores Clerk 14,206 13,333 873 same - 8 Motor Equipment 14,893 14,685 208 Operator II same - 15 Asst. Landfill 21,424 20,675 749 Superintendent new - 11 Plant 17,160 16,994 166 Operator same - 11 General Equipment 17,243 16,994 249 Mechanic JUN 15 '1983 box 53 Fa�a X65 � L- °-0-J JUN 15 198 FINAL ASSESSMENT ROLL - PETITION PAVING 47th & 48th AVENUES GLENDALE LAKES ESTATES The Board reviewed the following memo dated 6/3/83: TO: The Honorable Members of the DATE: June 3, 1983 FILE: Board of County Commissioners THROUGH: Michael Wright, County Administrator SUBJECT: Final Assessment Roll - Petition laving 47th Avenue - Glendale Lakes Estates 48th Avenue - Glendale Lakes Estates FROM: W. Keith McCully, P.E. REFERENCES: Assistant County Engine r DESCRIPTION AND CONDITIONS The paving of 47th Avenue and 48th Avenue is complete. The final cost for the work was: 47th Avenue $14,2S.5.58 48th Avenue $20,046.73 All construction costs are udder the original. estimates. The Final. Assessment Rolls have been prepared and are ready to be delivered to the Clerk to the Board. Assessments are to be paid within 90 days or in two equal installments, the first to be made twelve months from the due date and the second to be made twenty- four months from the due date at the rate cf interest established by the Board of County Commissioners. The due da -Le 'J.s 90 days after the final determination of the special assessment. The intereL;t rate shall be 12% per annum. ALTERNATIVE AND ANALYSIS Since the final assessment to the benefitted owners will. be less than cauputed on the preliminary assessment rolls, the only alternative prese:lted is to approve the final assessment rolls. RECON,1EMATIONS. AND FUNDING It is recommended that the Final Assessment Rolls for the paving of 47th ar,d 48th Avenues be approved by the Board of County Comm;.ssioners z-nd that '.he,r be transmitted to the Office of the Clerk to the Board for co:l�ection. 47 Chairman Bird reported that he and the other commissioners have received some very complimentary letters from residents in that area about the progress and about the Engineering Dept._and their great pleasure with the finished program. Administrator Wright pointed out that the final assessment role is less than the preliminary and recommended approval. Chairman Bird asked if anyone wished to be heard in regard to this matter. There were none. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously approved final assessment roll for petition paving of 47th Avenue in Glendale Lakes Estates and authorized transmittal of same to the Office of the Clerk for collection at an interest rate of 120. M JUN 15 1983 sox Wt 16� JUIV 15 1983 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously approved final assessment roll for petition paving of 48th Avenue in Glendale Lakes Estates and authorized transmittal to the Office of the Clerk for collection at an interest rate of 120. Administrator Wright asked Keith McCully of the Public Works Dept. to return with the preliminary cost figures per linear foot in regard to the share.borne by the property owner. DISCUSSION RE CETA EMPLOYEES FOR PARKS & RECREATIONS Chairman Bird reported that the County has an opportunity to obtain three CETA participants who would be assigned to Gifford -Park under the direct supervision of Larry Staley. There would be no cost to the County as the individuals would be paid by CETA. He urged the Commission to approve this and enter into a Memorandum of Understanding with CETA so that these people can be made available to assist in the supervision of the summer programs at Gifford Park. 11 � � r Chairman Bird recalled that the County had used two CETA participants in the Gifford Park program last summer. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, that the Board approve the CETA assignment of summer personnel to the Parks & Rec. program, subject to the one condition that there is no requirement they become permanent employees of Indian River County, and authorize the Chairman to sign the Memorandum of Understanding. In discussion, Commissioner Lyons requested that these CETA participants be properly supervised at all times during the summer recreation programs and Chairman Bird assured him they will be. The Chairman CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. MEMORANDUM OF UNDERSTANDING a AMONG DIVISION OF EMPLOYMENT AND TRAINING THE SUMMER YOUTH EMPLOYMENT OPERATOR AND THE WORKSITE EMPLOYER This Memorandum of Understanding is entered into this day of �G«c , 1983; between hereafter referred to as the Worksite Employer, and Martin County School Board _ r hereafter referred to as the Operator. It is understood by all parties that this Memorandum of Understanding relates to Employ- ment, Training, and Services to be provided relative to the 1983 Summer Youth Employment Program which is authorized under Title IV of the Comprehensive Employment and Training Act of 1978. JUN 15 1983 50 beau.3 Pay 9 jua 15 1983 It is understood by all parties that this Memorandum of Understanding is entered into pursuant to the operator's 1983 Summer Youth Employment Program contract with the Department of Labor and Employment Security, Division of En-ployment•and Training. Further, it is understood that the Worksite Employer is either a governmental agency or a private'non-profit organization, free of discrimination because of race, sex, age, creed, color, religion,•or political affiliation, and that participants in the program will not be employed on the construction, operation, or maintenance of any facility as is used or to be used for sectarian instruction, as a place for religious worship, or -for partisan political purposes. Participants will not be used for the advantage of any pri- vate individual or private -for-profit agency, but will be provided useful work experience which will be consistent with each partici- pant's capabilities and interests and which will assist these Youth to obtain future unsubsidized employment. It is agreed that such work experience will be conducted in a safe and sanitary` working environment. The Worksite Employer agrees: 1. To provide meaningful and productive work for approxi-. mately participants on a scheduled work plan with the understanding that the supervisor/participant ratio will be at least one (1) supervisor to every twelve (12) participants who are enrolled in the Summer Youth Employ- t ment Program (SPEP). 2. To provide an experienced Worksite Supervisor to the participants without compensation from the program. 3. To•ensure that all immediate -supervisors of Summer Youth participants•attend the Worksite Supervisors Training which will be scheduled and conducted by the Operator. 51 . 4. To provide the Operator one complete "Statement of Work" for each separate sub -unit of the Worksite Employer utilizing Summer Youth participants, (The operator will provide assistance in the completion of the "Statement of Work",) 5. To . provide each supervisor whose name appears on the ." Statement -of Work" a copy of this complete Memorandum of Understanding and ensure that each supervisor is thoroughly briefed on the contents of this agreement. 6. 'To provide a job description for'each position that will be filled by Summer Youth participants. 7. To furnish the.equipment, tools, materials, and supplies that are necessary for the work to be performed by the Summer Youth participants. S. To `assure that participants_.who are 14 and 15 years of age will participate only in accordance with the applica- ble provisions of the Fair Labor Standards Act (Section 570.31 and 570.35 of Subpart c of Part 570 of Title 29). 9. To assure that participants who are 14 and 15 years of age will not operate any type of power driven mowers (power driven applies to any mower with a motor which powers the cutting blade and/or the mower itself). 10. To assure, pursuant to the Fair Labor Standards Act, that no participant under 18 years of age will be employed in any occupation which has been determined by the Secretary of the United States Department of Labor to be particu- larly hazardous for individuals between 16 and 18 years of age (Subpart E of Part 570 of Title 29). 11. To assure that no participant will be required to work more than 40 hours per week with the understanding that flexibility will be allowed in determining the days and hours participants are scheduled to work. 52 aQ3 ?AGE X71- e 11 IN 1.9 1983 JUN 15 13133 153 ,,c 7L9 12. To assure that sufficient work is available to occupy each youth during all scheduled working hours. 13. To develop adequate coordination with the Operator to ensure that appropriate contingency activities are imple mented in the event of inclement weather. 14. To assure that work evaluations are completed for each participant and provided to the Operator.' 15. To assure that Sign-in/Sign-out Sheets are utilized by each participant and maintained at the worksite for the duration of the Summer Youth Program. 16. To maintain accurate time and attendance records on each participant reflecting the time actually worked by each participant. These records will be signed at the end of each pay period by the participant and the supervisor as certification to their accuracy. Said records will be picked up every other w�Pg_ by s. Y.E.p. staff and taken to Martin County School Board for preparation of the payroll. 17. To utilize the standardized Sign-In/Sign-out Sheets and Time and Attendance Forms which will be provided by the Operator. 18. To allow the Operator the opportunity to provide remu- neration to the participants by check every other week beginning June 1, 1983 and ending August 31, 1983 at worksite between the hours of 8:00 A.M.to 4:30 PM. 19. To develop adequate procedures and controls to ensure that no participant receives any type of renumeration ' for unworked hours or participation,in recreational activities. 53 W 20. To contact the Operator -prior to.the release of a partic- ipant from the worksite or immediately after a partici- pant gives notice of intent to terminate. This will allow for the agreement to be modified. 21. To maintain the following records for the duration of the Summer Youth Program: a. Memorandum of Understanding b. Statement(s) of Work c. Sign-In/Sign-Out Sheets d. Current Time and Attendance Records e. Emergency Data Record on each participant (provided by the Operator) 22. To cooperate and allow representatives of the Division of Employment and Training and the Operator to conduct: a. Counseling -for participants b. Other work/program activities e. Monitoring of worksites d. Program evaluations 23. To adhere to the rules and regulations governing the 1983 Summer Youth Employment Program. This Memorandum of Understanding shall be -effective from the date first written until the termination of the Summer Youth Pro- gram or unless terminated by either party provided the cancelling party givesatleast five (5) days advance notice. Attachment: Statement of Work MART?N COUNTY SCHOOL BOARD Worksite Employer (Agency) .Title IV Operator Avi- .S«1 of RepresentAtive �LLZE''��ICIn S'Ly%2C"�SJ�C Title Address Telephone Number ' 54 JUN 15 1983 Representative COUNSELOR Title P. O. Box 2926 - Address Vero Beach, Florida 32960 (305) -569-0333 Telephone Number wK 53 taco 773 JUN 15 1983 REPORT - PARKS & RECREATION COMMITTEE nox 5.3 , PnE4774 Chairman Bird reported that the major item discussed at the last Parks &Recreation meeting was the matter of a County Fairground. He has felt for some time that the County should have its own fairground and they have been looking for a suitable location which would also serve as a permanent home for the Fire Fighters annual fair. The Parks & Recreation Committee voted unanimously in favor of designating a permanent site for a County Fairground in Kiwanis-Hobart Park. The Committee also set a target move -in date of the Spring of 1985. Chairman Bird reported that there has been some research on the area near the dump station west of Kings Highway, as in a study done by college students, this area was designated for agricultural activities. The next step would be to ask the Commission to authorize staff to do some preliminary testings and cost estimating in this area as to what would be required to go in and do the initial clearing and the initial site preparation that would be required. The Chairman explained that the thought was that a minimal amount of work would be done the first year and then the money generated from the Fire Fighters Fair would go back into further site improvement. Hopefully, the site would be developed at no additional cost to the County and could be set up as a self sufficient type of enterprise. Chairman Bird felt it will probably take a little bit of seed money the first year, but those funds possibly could be recovered from future profits of the Fair. Commissioner Scurlock requested additional information about retaining ownership and control of the entire area He hoped that the Fire Fighters would contract with the County for the use of a portion of that site for their Fair and commit themselves to a certain amount of funds or profits from that operation to be put back into the site. Chairman i 55 M Bird noted that the Fire Fighters Fair was a one-week, once -a -year event, and he envisioned many other activities taking place at this site. MOTION WAS MADE by Commissioner Scurlock, SECONDED by Commissioner Bowman, that the Board authorize the Chairman to work with staff as needed to develop a cost estimate and preliminary conceptual plans for a County Fairground to be established in Kiwanis Hobart Park and return to the Commission for formal approval. Commissioner Bowman questioned the exact location of the proposed site, and recalled that there was a spot up in Kiwanis Hobart Park dedicated to the Audubon Society for a nature trail. Chairman Bird described the proposed site and Commissioner Bowman felt it is the same area and that perhaps a swap could be made. Chairman Bird requested Attorney Brandenburg to check to see if we are talking about the same area. Commissioner Lyons felt that the County should retain a certain amount of the wooded area in Kiwanis-Hobart Park, and Chairman Bird assured him there would be a minimal amount of clearing done in that area. Commissioner Bowman agreed that the County should maintain control and provide shaded parking. The Chairman CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. Chairman Bird reported that they had received a letter from Jack Sturgis, who is Chairman of the Kiwanis Hobart 56 JUN 15 1983 53 775 JUN 15 1983 53 � u `7`116 - s Park Committee, indicating that the Kiwanians plan to build and dedicate another large pavilion to the County at Hobart Park. They have asked the County to provide the benches and tables for the inside of the building, and Parks Supervisor Bill Cook has gone ahead and included those costs in his budget for this coming year. It was agreed that Chairman Bird, on behalf of the Commission, would write the Kiwanis Club accepting and thanking them for their generous offer. PUBLIC HEARING - ADOPTION OF ORDINANCE ESTABLISHING A MU14ICIPAL SERVICE TAXING UNIT - BIKE PATH - SOUTH BEACH The hour of 11:00 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publi- cation attached, to wit: The Board of Cou Llhat BEACH PRESS-JOI:RNAi� DIAN KIVtK coonlr; rLOKIUA, LKEAIINU Ine WUM RECREATION PATH MUNICIPAL SERVICE TAXING UNIT PR 7.FOR CREATION OF THE MUNICIPAL SERVICE TAXING UNIT, MI NATION OF COST OF SERVICE; LEVY OF TAXES, ADOP Published Daily -VV BUDGET; DISPOSITION OF PROCEEDS FROM LEVY OF TA; mi CORPORATION IN CODE; SEVERABILITY: AND EFFECTIVE D. B , Indian River County, Florida COATE OF FLORIDA ed authority personally appeared J. J. Schumann, Jr. who ort oath \\ I k sayanager 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 e In the matter of ✓S�/^do� e i \\\ . , in the _ Court, was pub- 0- 70 - ++ %7 - fished lished in said newspaper in the issues of Ala + \ 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 V + been continuously published in said Indian River County, Florida, each daily and has been q 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 0 , advertisement; and affiant further says that he has neither paid nor promised any person, firm r10'rse n 1, or corporation any discount, rebate, commission or refund for the purpose of securing this i3r 'r'• advertisement for publication in the said newspaper. Sworn to and subscribe lbef me day of -144211" A.D. 19 11 / •A1 usinaSs Manager) Q (Clerk Of the Circuit Cou ndian River County, Florida) (SEAL) I • , �° -• t� ' + 1 \ 39:29 e � ".s"� •-• 3132tNOIAN RIVER CQLINTV PLANAT IG 6 zf7MNG DEPARTMENT � r ryp"rq (, If any Person aectoes r0 aPPeOl any Willi need a record of the Proceedhm, I ensure that a verbatim record of the P the testimony In evidencean which then . May 25,.1t83,.. Wil: _ A; y, 57 u • I 0 Attorney Brandenburg reported that the Legislature unbeknowst to us has recently passed a bill that is to be effective July 1, 1983, which indicates that taxes cannot be levied during a given year unless a Municipal Service Taxing Unit was in existence on January lst of that year. As a result, if a MSTU is established today by the adoption of an Ordinance, it would not be able to levy taxes until next year. Commissioner Scurlock asked if the tax district is established without a referendum, would it come under the pillage cap, or if there is a referendum, would it fall outside the cap. Attorney Brandenburg explained that in either event it falls within the 10 -mill cap provided by legislation. Mr. George Collins, Attorney;- addressed the Board and expressed his disappointment in the recent legislation requiring a Municipal Service Taxing Unit to be in existence on January 1 in order to levy taxes during that year. However, he felt that the presentation of the proposed bike path should be made today and respectfully requested the Board go ahead and adopt the Ordinance creating a MSTU, as it would give them added strength with the Dept. of Trans- portation in regard to asking for grant funds. The Chairman opened the Public Hearing and asked if anyone wished to be heard in this matter. Mr. Collins informed the Board that the Bike Path Committee prepared a petition which clearly defined the area in the MSTU, the millage cap that would be involved, and the amount of money needed to be raised based on the engineering report, and the committee members and other South Beach residents took these petitions door to door in every subdivision and condominium within the district as defined. He reported that while in many cases, people were not at home for one reason or another, they nonetheless obtained 58 JUN 1 19 3 600 5 ?acE,77.7 JUN 15 1983 ^ . CK 778 p [ 800 -plus petition signatures in favor of the construction and funding of a recreational path. In addition, the Moorings newsletter carried articles about the bike path. A representative of the Moorings Property Association appeared at one or more of their meetings. They had touched based with every subdivision and he had personally addressed the Seagrove subdivision, outlining the entire process. Mr. Collins reported that the feedback was very positive in the door to door effort to obtain petition signatures. The residents realized that AIA is heavily used by people biking, jogging, walking, etc., and that it is a very dangerous situation. Because of the soft shoulder along AIA, cyclists have no other alternative but to ride on the road. He felt that the community has proved through the petition signatures obtained that there is tremendous support for a bike path, and respectfully requested the Commission to adopt the Ordinance today establishing a MSTU. (Said petitions are on file in the Office of the Clerk, a sample of which is hereby made a part of the Minutes.) PETITION FOR RECREATIONAL PATH The undersigned request the Board of County Commissioners of Indian River County, Florida to establish, by Ordinance, a Municipal Service Taxing Unit for the purpose of providing a North-South Recreational Path within an area described as: South of the South City limits; North of the South Moorings line; South of Spyglass Lane; East of the Indian River; West of the Atlantic Ocean i the undersigned approve the Board of County Commissioners establishing And levying up to 1 1/2 mills, or its equivalent, with the District to pay the cost of the Recreational Path. (Approximately $300,000.00) NAM ADDRESS PHONE N0. '✓�' °� 7 0 t 3 q z s6 -f a 3 y 1271_1141/121 Lt'- �j 71 _!-J, C_,( �2` a M, Commissioner Lyons asked if the Moorings newsletter pointed out that there was to be a special tax for the bike path and Mr. Collins replied that he didn't actually see the Moorings newsletter, but that it was clearly set out at the top of the petition how the bike path would be funded. Commissioner -Scurlock questioned why they are setting a millage cap of 1.5 which he felt made it seem as if they are attempting to fund the entire bike path in the first year. Attorney Collins confirmed that their approach was to fund it on a one-time tax and build the path, and they did not have a great deal of negative response to this approach. Commissioners Scurlock and Bowman both indicated they had received phone calls from individuals who felt this matter should be held over and put on a referendum at a time when the winter residents have returned and more people can make their feelings known. Attorney Collins pointed out that this would present the problem of the January 1st deadline again. He felt all indications point to a very positive support and outcry for the bike path. Chairman Bird asked if anyone else wished to be.heard. Mr. Ken LaFond, from Harborside in the Moorings, related his surprise that when reading the article in the newspaper about the Public Hearing at 11:00 a.m. for a request of rezoning, he found buried in that article, a small item re the proposed special taxing district for the bike path, and thought there should have been more information printed in advance. He was advised that a legal notice of the Public Hearing had been properly published. JUN 15 1983 60 60ax 53 ?AGE 779 J JUN' 15 1983 e®ac 11 17 fl Mr. LaFond explained that Harborside has a present occupancy of approximately 30a, and he called some of his neighbors yesterday and none of them were aware of how the bike path would be funded even though they had signed the petition. He also had signed the petition, but thought it would be built the same way as Indian River Shores Shores -- to be paid for by the state and the city. He felt that his $150 or $300 might be better spent on other priorities and urged a referendum on this matter. Ms. Katie Kutschinski from the Dunes stated that she went to every single house in the Dunes and Castaways Cove in her efforts to obtain signatures and all except two residents were in favor of a bike path. Of the approximately 60 homes she visited, everyone was home. She felt that everyone understood how it was to be funded as the millage was written on the top of the petition. She felt a referendum would pass, but emphasized that the community really needs a bike path now. Mr. Frank Berry, Seagrove, stated he felt that the bike path was necessary because biking or jogging down AIA is extremely dangerous. However, he felt that this should be put on a referendum and was opposed to the creation of a MSTU. Mr. Berry understood that a MSTU was authorized by the Legislature for those projects that benefit only a specific geographic -area, such as a lighting district, and he felt that a project that would benefit the general public, such as the proposed bike path, should come up on a referendum and not be approached as a MSTU. Commissioner Wodtke noted that whether the district is established by a referendum or is set up as a MSTU, the same people would be paying for it. Mr. John Mead, Seagrove, also felt there were a lot of people who were not aware of the millage, and favored having a referendum to show what the people really want. He 61 0 objected to a bike path because it only goes to the City limits and felt it would still be dangerous. He also questioned the estimated cost of $300,000 in the engineering report, and urged that this be further analyzed. Commissioner Scurlock suggested that the Commission seriously consider establishing the MSTU today and then conducting a straw ballot where the millage could be addressed. Mr. Collins stated that he could not speak for the committee, but he had no objection to it being put on the ballot at the next election; that all he was saying now is to get the clock ticking so that there is a MSTU in existence by the January 1st deadline. Ms. Darlene Morris expressed concern as to the danger of riding a bike or jogging on AI -A, noting that she herself has been knocked off a bicycle. She felt that a bike path should be built along that stretch because many children in the area ride their bikes between the subdivisions, as well as to other areas on South Beach. Ms. Morris pointed out that a lot of the people who signed the petition own several pieces of property and probably should have been counted more than once. She felt that just a small amount of people were opposed and that a referendum would pass in favor of the bike path. Mr. Robert Reider of the Moorings questioned what would happen to the bike path if at some future time AIA is widened. Chairman Bird explained that the plan shows the bike path quite a distance off AIA and Mr. Collins _ interjected that Jim Davis had designed the path to be located on the west extreme of the right-of-way, envisioning the future expansion of the road. Mr. Reider stated he was not aware of the proposed bike path until he received this agenda for this meeting. He heard that the person who circulated the petition in his 62 � �.3 JUN 15 1983 d� �A�7�i JUN, 15 1983- Box �f�c' 7 area was not aware there was a tax involved, and when he became aware of it, stopped circulating the petition. He thought there was probably a much larger group opposed to this than appears and urged a referendum. Commissioner Scurlock asked if Mr. Reider would be opposed to establishing the MSTU with the provision that it be contingent on a referendum or straw ballot, i.e., the district would be created but no millage set. Mr. Reider felt that would be a good way to do it. Chairman Bird requested Attorney Brandenburg to do some research on options as far as referendums were concerned in regard to cost and a specified time Attorney Brandenburg advised that one option would be to create the district now, and in March of 1984, put it on the ballot as a straw ballot; another option would be to create the district now and have it subject to approval by voters at a special election prior to January lst. The cost of a special election would not be more than $2,000, and if this were to be part of the general election, it would be substantially less. Chairman Bird emphasized that if we set up the taxing unit today, we are not really committed to levying a tax, or for that matter, even to building the bike path. Ms. Katie Kutschinski asked if the amount of millage would appear on the -ballot and it was explained that it would be very specific and all laid out on the ballot. Mr. LaFond asked if the bike path failed on the straw ballot,.would that be the end of it. Commissioner Scurlock answered, in that case, he certainly wouldn't consider levying a tax. ON MOTION by Commissioner Lyons, SECONDED by'Commissioner Bowman, the 0 63 Board unanimously closed the Public Hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board Board adopted Ordinance 83-21 establishing a Municipal. Service Taxing Unit for a bike path on AIA on South Beach, as described; and authorized staff to place a straw ballot in the March, 1984 primary election to determine the sentiments of the people as to the taxing issue. Mr. Collins suggested that two motions be made: one establishing the MSTU and one dealing with the straw vote as he did not want adoption conditioned on the vote, and Attorney Brandenburg felt that was not the intent of the Motion. Commissioner Scurlock preferred it contained in one Motion. The Chairman CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. 64 JUN 15 1903 BOOK ' 5.3 PAGE 783 JUN -1 5 198a INDIAN RIVER COUNTY ORDINANCE NO 83-21 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA CREATING THE SOUTH BEACH RECREATION PATH MUNICIPAL SERVICE TAXIING UNIT PROVIDING FOR CREATION OF THE MUNICIPAL SERVICE TAXING UNIT; DETERMINATION OF COST .OF SERVICE; LEVY OF TAXES, ADOPTION OF BUDGET; DISPOSITION OF PROCEEDS FROM LEVY OF TAXES; INCORPORATION IN CODE; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners of Indian River County has reviewed the pedestrian, bicycle and motor vehicle system available to individuals living on the southern portion of the barrier -island in Indian River County, and WHEREAS, the County Commission has determined at the request of residents of the area that a recreational path is necessary for the exclusive use of pedestrians, bicyclists and joggers to prevent safety hazards. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: SECTION 1 CREATION OF MUNICIPAL SERVICE TAXING UNIT There is hereby created in Indian River County a South Beach Recreation Path Municipal Service Taxing Unit under the authority of the State of Florida Constitution and Florida Statutes 5125.01 (q). The boundary of said Municipal Service, Taxing Unit shall be as follows: Beginning at the intersection of the South City Limits of the City of Vero Beach and the Eastern boundary of the State of Florida; thence South and Easterly along the East boundary of the State of Florida to the South line of Government Lot 2, Section 27, Township 33 South, Range 40 East; thence run West along the South lines of Government Lot 2, Section 27 and Government Lot 2, Section 28, Township 33 South, Range 40 East to the East bank of the Indian River; thence run Northerly meandering along the East bank of the Indian River to the Southern boundary of the City of Vero Beach, Florida; thence run Easterly on courses and dimensions along the South City Limits to the Point of Beginning. SECTION 2 DETERMINATION OF COST OF SERVICE The Municipal Service Taxing Unit is created for the purpose of designing a South Beach Recreation Path, acquiring necessary right-of-way for the construction of the recreation -1- Path, construction of the recreation path and maintenance of the recreation path. The Board of County Commissioners of Indian River County, Florida, shall determine each year the estimated cost of providing the recreation path, including capital and equipment, improvements, acquisition of land, and maintenance cost and expenses for the ensuing County fiscal year within the boundaries of the taxing unit. SECTION 3 LEVY OF TAXES, ADOPTION OF BUDGET The Board of County Commissioners of Indian River County, Florida hereby expresses its intent to authorize a levy of a tax under the authority of the second sentence of Section 9 (b), Article VII of the State of Florida Constitution and Florida Statutes §125.01 (q) in an amount not to exceed 1.5 mils on all real and tangible property within the South Beach Recreation Path Municipal Service Taxing Unit as defined under this ordinance for the purpose of providing a bicycle and pedestrian transportation network within the boundaries of said unit. Tax authorized by this section shall be levied and a budget prepared and adopted by the County Commission at the same time and in the same manner as the Board prepares and adopts its annual budget and levies taxes as provided by law. All taxes under this section shall be assessed, levied, collected, remitted to and accounted fbr at the same time and manner as the assessments, levies, collection, and remittance of taxes of the general fund by the County Commission as provided by law. The budget for this taxing unit in each year shall contain such portion of the estimated cost of providing a bicycle and pedestrian transportation network within the boundaries of said unit as determined by the Board of County Commissioners to be necessary to provide the service within a reasonable time. SECTION 4 DISPOSITION OF PROCEEDS FROM LEVY OF TAXES - All funds obtained by the levy of a tax on the real and tangible property within the boundaries of the South Beach Recreation Municipal Service Taxing Unit shall be maintained in a JUN 15 1983 -2- 8®0 :a�€ 785 Fl - AN 15 1983 agoPAt :3 Fj separate account and used solely for the purpose of .providing a bicycle and pedestrian transportation network within the boundaries of the taxing unit. INCORPORATION IN CODE The provisions of this ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 6 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 hereof and it shall be construed to have been the legislative intent to pass this ordinance without such uncon- stitutional, invalid or inoperative part. SECTION 7 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 15th day of June, 1983. BOARD OF COUNTY COMMISSIONERS OF INDI IV R COUNTY By RICHARD N. BIRD Chairman Acknowledgment by the Department of State of the State of Florida this 27th day of June 1983. Effective Date: Acknowledgment from the Department of State received on this 6th day of July , 1983, at 10:00 A.M./P.M. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. y Attorney PUBLIC HEARING - ANIMAL CONTROL ORDINANCE The hour of 11:15 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: 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 aperiod 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 h advertisement for publication in the said newspaper. Sworn to and subscribed befomet 's day of A.D. 19 f usiness Manager) (Clerk of the Circuit Court, ndian River County, Florida) (SEAL) Assistant County Attorney Paull reviewed the -following memo: 68 JUN 15 1983 600K 5.3 pAu 787 NOTICE OF INTENT TO I VERO BEACH PRESS -JOURNAL CONSIDER ouCOUNTYCommissioners Cof Indian The River County+'will conduct a public hearing onl June Published wily. 15, 19 at 11:15 A.M. in the Commission Chambers at the County Administration Building, ggp 25th Street, Vero Bea h, Florida to adoption of an ordinance entitled: Vero Beach, Indian River County, Florida AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR RESPONSIBLE ANI - COUNTY OF INDIAN RIVER: STATE OF FLORIDA MAL- CONTROL PROVIDING SHORT ..TITLE; DEFINITIONS; ANNUAL VACCINATION AND Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath 9 Y P Y PP LICENSING REQUIREMENTS AND PROCEDURE,, ADDITIONAL OWNERSHIP R[SPONSIBILITIES;� says that he is Business Manager of the Vero Beach Press-Joumal, a daily newspaper published ESTABLISHMENT OF ANIMAL CONTROL AU THORITY AND POWERS; IMPOUNDMENT at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, being AN& DISPOSITION; RABIES CONTROL AND QUAR-i ANTINE PROCEDURE; DANGEROUS AND VI- �% CIOUS ANIMAL DETERMINATIONS; CODE EN-; a ,L G FORCEMENT BOARD PARTICIPATION; EN-' FORCEMENT.OPTIONS; NONANTERFERENCEi WITH ANIMAL CONTROL AUTHORITY; RIGHT in the matter of OF ENTRY; APPLICABILITY; PENALTIES; RE-: PEAL OF CONFLICTING LAWS; SEVERABILITY; - AND EFFECTIVE DATE. If any person desides to appeal any decision made on the above matter, fie/she will need a record Of the proceedings, and for such pur, poses, he/she may need to ensure that a verbs.: in the Court, was pub- tim record of the proceedings is made, which' record includes the testimony In evidence on which the appeal is based. lished in said newspaper in the issues of Lei l Jam. /��� May 25,1983. = . --• 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 aperiod 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 h advertisement for publication in the said newspaper. Sworn to and subscribed befomet 's day of A.D. 19 f usiness Manager) (Clerk of the Circuit Court, ndian River County, Florida) (SEAL) Assistant County Attorney Paull reviewed the -following memo: 68 JUN 15 1983 600K 5.3 pAu 787 JUN_ 15 6983 ilOICa P,4t,-..1 �� TO: Hon. Members of the DATE: June 8, 1983 FILE: Board of County Commissioners SUBJECT: Animal Control ordinance Proposed for Adoption Animal Control Com FROM: Christopher J. Paull, REFERENCES: Attorney for Comm. The enclosed ordinance and resolution are before you today for a public hearing to consider their adoption. The ordinance is the product of the.County's Animal Control Committee, appointed by this Board back in October, 1982. During.the past several months, the Committee conducted six public workshop sessions during which input was received from its membership, as well as from concerned residents, law enforcement agencies, and the veterinarian profession. The Committee also reviewed the present County ordinance and considered requirements of surrounding counties for comparison. If the ordinance is adopted as presented, the Commission need also adopt the resolution designating agencies which will provide animal control functions -and establishing fees forimplementation of various ordinance provisions (enclosed with ordinance). If you have any.questions at all concerning the ordinance, I encourage you to give me a call or stop by the office at your convenience. Commissioner Lyons felt the two most important features of the new ordinance deal with ensuring that animals in this county are vaccinated for rabies and giving the Code Enforcement Board the authority to deal with violators. In addition, the Ordinance is set up so that a veterinarian can be a branch licensing agency. Attorney Paull summarized the Ordinance, noting, that it does not add a great deal to what is presently the law, but it does reorganize it as well as providing enforcement ability through the Code Enforcement Board rather than the State Attorney's office. It does specifically require that owners keep animals under control and stiffens incentives with higher penalties. All animals which are not properly licensed, tagged, collared, etc., will be considered strays. M. s � � Some discussion ensued re the problems involved with putting collars on cats and hunting dogs, and Attorney Paull stated that the committee weighed this question and it was their opinion the advantage of identification outweighed the other problems. He noted that tags can be attached in various ways so they do not make a noise or get caught in underbrush. Commissioner Lyons emphasized that the committee's main concern is to have the animal vaccinated and licensed and proof shown that this has been done. Chairman Bird asked if vaccination is an annual requirement, and Commissioner Lyons stated that it is, and he believed it will cost about $8.00; the license fee varies according to whether the animal is sterilized or not. The Chairman asked if anyone -present wished to be heard. Billy Harp raised questions regarding an instance when an animal intrudes on your property and wished to know whether or not you would have the right to catch such an animal and hold it in your yard as proof of your complaint. He did not feel the Ordinance explains what to do in this situation. Commissioner Lyons stated that if the animal is in your yard and you haven't given permission for it to be there, it is in violation, and Deputy Sheriff Mike Lingerfeld stated that if an animal comes onto your property, you have every legal right to hold the animal there. Mr. Harp asked what to do if someone harrasses you for reporting their animal - he has had broken lights, etc. Lieut. Reese informed the Board that if you have reprisals, that is a criminal action and you can dial the Sheriff at 911 and action will be taken. Jean Ring raised the problem of manpower as she believed we have only one animal warden in the Police ri$] JUN 15 1983 Booz 53 PA 789 JUN 15 1983 53' Fp���79 Department, and if the County takes over, she felt several more will be needed. Ass. King wished to know how these positions will be funded and filled. Administrator Wright felt that the responsibility for administering this should be with the County rather than the Sheriff and noted that the manpower problem is one that will have to be addressed at budget time. He urged the Board to adopt the ordinance -but not base it on financing. Commissioner Scurlock agreed that the manpower problem will have to be dealt with at the time of budget approval when the people indicate the level of service they are willing to support. Ms. King believed the Commission is heading in the right direction with this ordinance and favored licensing. She believed that enforcement is the biggest problem and also felt the problem of how many animals a person may have should be addressed; she noted that she has a neighbor who has 20 cats or more running at large. Mr. Ed Schmidt also spoke in favor of the proposed ordinance and only hoped it will be enforced to the fullest extent. Mr. Schmidt complained about people walking their dogs and leaving their droppings on his lawn. He felt the license fees were not high enough to provide adequate - funding in order to have sufficient enforcement officers. Attorney Paull -explained that under this ordinance there is ownership responsibility to prevent your animals from becoming a nuisance; this includes howling, whining, etc., and all this can be addressed by the Code Enforcement Board. Discussion ensued regarding "vicious" and "exotic" animals, such as ocelots, tigers, etc., and Attorney Paull felt the definition of "vicious" in this ordinance was intended to address vicious domestic animals. Wild animals come under the jurisdiction of the Fish & Game Commission. 71 � � r a Commissioner Scurlock commented that this ordinance obviously is not perfect, but he believed as we become aware of areas that need to be tightened up, we can address them. Attorney Paull further noted that the nuisance provision. of this ordinance applies to all animals, not just dogs and cats. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the.Board unanimously closed the public hearing. Attorney Paull informed the Board that there are two minor amendments which he wished noted on the record. One involves just a renumbering of a section - Section 11 C should be renumbered 11 B and Section ll B would then become Section 11 C. Secondly, about halfway down in Section 12 following the words "competent jurisdiction," the words "or without having first complied with the redemption requirements of this ordinance" should be inserted. ON MOTION by Commissioner Lyons, SECONDED A by.Commissioner Scurlock, the Board unanimously adopted Ordinance 83-22 providing for animal control with the above corrections described by Attorney Paull. ON MOTION by Commissioner Lyons, SECONDED -.- by Commissioner Scurlock, the Board unanimously adopted Resolution 83-43 designating agencies which will provide animal control functions and establish fees. 72 JUN 15 1983 BQUK` a PAG€ 0 r JUN 15 �. PA t ��K - c: ORDINANCE NO.83-22 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR RESPONSIBLE ANIMAL CONTROL; PROVIDING SHORT TITLE; DEFINITIONS; ANNUAL VACCINATION AND LICENSING REQUIREMENTS AND PROCEDURE; ADDITIONAL OWNERSHIP RESPONSIBILITIES; ESTABLISHMENT OF ANIMAL CONTROL AUTHORITY AND POWERS; IMPOUNDMENT AND DISPOSITION; RABIES CONTROL AND QUARANTINE PROCEDURE; DANGEROUS AND VICIOUS ANIMAL DETERMINATIONS; CODE ENFORCEMENT BOARD PARTICIPATION; ENFORCEMENT OPTIONS; NON- INTERFERENCE WITH ANIMAL CONTROL AUTHORITY; RIGHT OF ENTRY; APPLICABILITY; PENALTIES; REPEAL OF CONFLICTING LAWS; SEVERABILITY; AND EFFECTIVE DATE. WHEREAS, there presently exists a need and desire within Indian River County for more responsible animal ownership and management practices; and WHEREAS, the presence of an ever increasing number of uncontrolled domestic animals, and especially dogs and cats, in a county subject to increasing urbanization creates a nuisance, public health hazard, and a danger to both public and private property, highway traffic, pedestrians, and other animals; and WHEREAS, the Board of County Commissioners herein expresses its intent to dissuade such inhumane and careless ownership behaviors and to encourage a more healthful and safe environment for both humans and animals through specific licensing, vaccination and control requirements, and establishment of enforcement mechanisms. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: SECTION 1 SHORT TITLE This ordinance may be referred to and cited as the Indian River County Animal Control Ordinance. mean: SECTION 2 DEFINITIONS As used in this ordinance, the following terms shall 1) Animal: Generally, any living dumb creature capable of self -locomotion, but if the context requires, may refer to only a dog or cat, or both. 2) Animal Control Authority: Refers to one or more or M M M all of those offices, departments, agencies, groups or individuals, designated by the Board of County Commissioners of Indian River County to provide a function or service relating to animal control or regulation under the terms of this ordinance. 3) Bite: An action whereby an animal physically breaks the skin of -another animal or human with its teeth. 4) Designated Impoundment Facility: Any facility designated or recognized by the Board of County Commissioners of Indian River County for the purpose of impounding and caring for animals. 5) Exposure: An act whereby an animal has bitten, scratched, or placed its saliva in contact with the mucous mem- brane or an open lesion, cut or wound of another animal or human. 6) Humane Society: Shall mean the Humane Society of Vero Beach, Inc., or any association, organization, or corporation, whether for profit or not, which pursues substantially similar goals and objectives. 7) Livestock: Shall be construed to mean horses, mules, cattle, sheep, goats, swine and other grazing animals. 8) Non -Resident or Temporary Resident: Any owner of an animal regulated by this ordinance who does not habitate or reside within Indian River County for longer than four (4) months out of any given year. 9) Owner: Any person, as defined, who has the right of property or custody of an animal or who keeps, harbors or maintains an animal or knowingly permits an animal to.remain on or about any premises occupied by that person. 10) Person: Any individual, corporation, partnership, organization, association, trust, joint venture, or other entity commonly recognized by law as a unit capable of ownership or management of property. 11) Restraint: An animal shall be considered under restraint only if it is: (a) within the real property boundaries of its owner, or of any other person with the express permission of that -person, or JUN 15 199600K EUJ WE JUN 15 1933 $dOK 3 P,�Gt 7 (b) when outside of said boundaries, under the actual control, custody, or possession of the owner or other responsible person, by either leash, cord, chain or similar device. 12) Sterilization: The process of rendering permanently incapable of reproduction. 13) Tax Collector: Shall mean the Office of the Tax Collector of Indian River County, or any of its employees or agents, including any veterinarian providing licensing services pursuant to a contract with the Tax Collector's Office. SECTION 3 ANNUAL VACCINATION AND LICENSING REQUIREMENT After the effective date of this ordinance, it shall be unlawful and subject to all penalties provided below, for any person to own, keep, harbor, maintain, or have custody of any dog or cat which has attained an age of four (4) months, unless such dog or cat has been currently vaccinated, licensed and collared or harnessed in accordance with the following provisions. O VOMTnW A PROCEDURE FOR APPLICATION, ISSUANCE AND RENEWAL OF LICENSE A. On or between January 1st and April 30th of each calendar year, every person subject to the requirement of Section 3 shall make written application to the Tax Collector for issuance or renewal of a license. Each application shall provide the applicant's name, residential address, and telephone number (home and business), and shall give an accurate description of the dog or cat being licensed, including name, breed, color, gender, size, reproductive status, and date of birth or age. In addition, an applicant shall provide proof of vaccination for rabies, administered by a licensed veterinarian within the twelve (12) month period immediately preceding the date of application. No license shall be issued in the absence of such proof, which shall be by signed certificate of the administering veterinarian, indicating the date of vaccination, the manufacturer, and the lot or serial number of vaccine used. A certificate shall not be -3- M M W M M valid for more than one animal unless clearly indicated otherwise thereon by the certifying veterinarian. If a dog or cat attains the age of four (4) months following April 30th of any given year, the owner shall have thirty (30) days thereafter in which to make application for a license as required above. B. Any license issued shall be valid until April 30th of the following calendar year, and shall be renewed by repeating the above application procedure. C. The Board of County Commissioners shall by resolution adopt a schedule of fees to be collected from each applicant prior to issuance or renewal of a license. Such schedule may provide for a range of fees based upon reproductive status, timeliness of application, or whether the animal being licensed is a dog or cat. Licensing fees are hereby waived with respect to any dog serving the handicapped or government owned dog used for law enforcement purposes. D. If an owner is seeking to have an animal licensed as a neutered or spayed animal, the owner shall provide with the application sufficient proof of sterilization. This proof may be by means of certification of the licensed veterinarian who performed the procedure, or if not available, by opinion of an examining veterinarian as to the animal's apparent reproductive status, or by any other equally reliable documentary evidence. Any animal certified by an examining veterinarian to be either permanently incapable of reproduction or unsuitable for surgical sterilization, by virtue of age, disease, or other infirmity,. or any animal under the age of one year, shall be licensable as a sterilized or non -reproductive animal. E. Upon proper application and payment of fees, the Tax Collector or its designated agent shall issue a durable tag which bears the registration number, and the year and county of issuance. The current license tag together with a current rabies vaccination tag shall be affixed or attached to a durable and well fitting collar or harness and shall be worn at all times by the licensed dog or cat, whenever such animal is outside of the dwelling unit of its owner, whether lawfully restrained or not. -4- 5 .3 mu 795 JIJ NJ 5 1983- BOOK 5.3 PAS F. No license shall be transferable from one animal to another nor from one owner to another owner. Upon transfer of a previously licensed animal to a new owner, said owner shall have a period of thirty (30) days within which to comply with the requirements of this ordinance. G. The.Tax Collector may enter into contractual arrangements with any licensed veterinarian in this County to serve as its agent for the purposes of licensing of animals under this ordinance. All such contracts shall be subject to prior approval by the Board of County Commissioners, shall be in a standard form, and shall be equally available to all interested, qualifying veterinarians. H. The Tax Collector or any contracting agent therefor shall make a record for each such license issued and shall provide all licensing information to a central data system which is readily and continuously available for animal control authority purposes. apply to: I. The licensing provisions of this ordinance shall not 1. any owner who is a non-resident or temporary resident, as defined, provided that the owner's dog or cat has been vaccinated for rabies in some other jurisdiction, which vaccination remains valid under the laws of that jurisdiction for the duration of the anticipated stay within this County. All other requirements including restraint obligations shall apply; or 2. the ownership, care, custody or maintenance, in the ordinary course of business, of any animal by a research or veterinary medical facility, government operated or licensed animal shelter, humane society facility, or commercial pet shop, provided that said shelter, facility, or shop, is operating in accordance with all applicable occupational licensing and zoning ordinances. SECTION 5 ADDITIONAL OWNERSHIP RESPONSIBILITIES Notwithstanding compliance with Sections 3 and 4 above, it shall be unlawful and subject to all penalties provided below _ _5- LI for the owner of any dog or cat to fail to comply or cause compli- ance with any or all of the following obligations: A. Keep each such animal under restraint, as defined. B. Exercise that degree of care and control necessary to prevent such animal from becoming a public nuisance or a nuisance to any person, other domestic animal or livestock, or to any real or personal property other than that of its owner. This obligation shall include but not be limited to: 1. the prompt removal of excreta or feces of such animal from public walks, rights-of-way, park and recreation areas, beaches, or other public property, or from private property not belonging to the owner, unless the owner has been given express permission to make use of said private property; or 2. affirmative action by an owner as may be necessary to prevent material disturbance, annoyance, or interruption of the reasonable possession, use and enjoyment of another's property, such as that resulting from an animal's habitual howling, whining, barking, digging, or other such noxious behaviors; or 3. the abatement of unsanitary conditions characterized by emission of odors, breeding or habitation of insects, rodents or other vermin, or similar indications. C. Keep any female dog or cat which is known or should be known by her owner to be in heat (estrus) confined inside a building or in the leashed company of its owner in a manner such that said animal cannot come into contact with another except for planned breeding purposes. D. Keep any vicious animal, following a formal deter- mination of that status in accordance with Sections 9 and 10, confined within a building or other secure enclosure, or securely leashed and muzzled or caged whenever not so confined; or to forfeit any such animal or remove same from the County upon the occurrence of a third offense; as required by Section 9 C. SECTION 6 ANIMAL CONTROL AUTHORITY -- GENERAL POWERS -- AGENTS FOR ENFORCEMENT OF FLORIDA STATUTES CHAPTER 828 A. There is hereby established an Animal Control -6- soon. Pace 79 7 juiv 15 1983798 Authority to be comprised of various offices, departments, agencies or individuals uniquely or properly suited to serving a function or providing a service required or authorized by this ordinance. The Board of County Commissioners shall by resolution designate the composition of the Animal Control Authority and the primary function or service to be provided by each component. The County Administrator shall designate an individual to be known as the Animal Control Director, who shall be charged with the coordination and administration of all Animal Control Authority activities. B. The Animal Control Authority is hereby authorized to receive, capture, pick up, and impound any animal running or roam- ing at large, including any dog or cat not properly restrained, vaccinated or licensed as required by this ordinance, or believed to be a stray, or believed to have rabies or other infectious or ' contagious disease, and to take all steps necessary and lawful to initiate and prosecute violations of this ordinance. C. The Animal Control Authority is hereby further designated to act as the agent of the Board of County Commissioners of Indian River County for purposes of investigating violations of Chapter 828 Florida Statutes, as may be amended from time to time. The Authority shall have all enforcement and admin- istrative powers established therein, and any remedy provided in said Chapter 828 shall be in addition to the remedies provided in this ordinance. All duties, obligations and prohibitions in said Chapter 828, pertaining to the prevention of cruelty to animals, are hereby incorporated as provisions of this ordinance, and a violation thereof shall be deemed to be a violation of this ordi- nance, subject to all penalties and enforcement alternatives provided below. SECTION 7 IMPOUNDMENT AND DISPOSITION A. Any animal received or taken into custody by the Animal Control Authority shall be properly delivered to a desig- nated impoundment facility, for handling and disposition in accordance with this ordinance and any contractual agreement r7l between the County and the operator of such facility. B. Upon impoundment or the taking into custody of an animal, the Animal Control Authority shall make every reasonable effort to notify the owner in person, by telephone, or by U. S. Mail informing him or her of the impoundment and the conditions whereby custody of the animal may be regained. In the event an impounded animal is licensed and tagged, reasonable notice shall be satisfied by contacting the registered owner at the address on file with the County, unless the person notifying the owner has actual knowledge of more accurate information. C. The Animal Control Authority is hereby authorized to engage the services of a licensed veterinarian to observe or treat such animal, and any other impounded animal believed to have rabies or other infectious or contagious disease at the expense of the owner and to destroy any such animal without compensation to the owner upon certification by the attending veterinarian that the continued existence of such animal endangers public health, safety and welfare. The Animal Control Authority is hereby granted discretionary authority to immediately and humanely destroy or otherwise dispose of any such injured, sick or diseased animal whose condition is such that its continued existence would be inhumane. Any animal suspected or believed to be infected with rabies or any infectious disease shall be segregated or quaran- tined as provided below in Section 8, and all additional costs associated with such special handling and treatment shall be an additional fee payable by the owner prior to redemption of the animal. Lawful exercise of discretion by the Animal Control Authority to destroy an animal, or the failure of an owner to redeem an animal, shall not relieve the owner of the liability for violations, fines, and accrued charges or fees, regardless of the ultimate disposition of said animal. D. Custody of an animal impounded hereunder may be regained by the owner at any time prior to other disposition of the animal by the Animal Control Authority upon payment of accrued impoundment fees, actual veterinarian charges, and any other applicable fees, fines and penalties which may have been assessed. -8- ��oK 5.3 JUN 15 1983 JUn 15 1983, MOOK �;. Impoundment fees shall be assessed at the per diem rate estab- lished by resolution of the Board of County Commissioners. In addition to impoundment fees, a redemption penalty shall be assessed at an amount established by resolution of the Board, which amount may vary depending upon number of offenses involving a given owner. The owner shall provide proof of ownership by way of license receipt, bill of sale, photograph, affidavit of neighbors, or other reliable documentary evidence, together with proof of current licensing in accordance with this ordinance, prior to the redemption of any dog or cat. If an impounded animal requires vaccination in order to be licensed and redeemed, the owner shall prepay a vaccination fee, along with payment of the impoundment fees, licensing fees and other fines and penalties. A receipt for such prepayment shall be issued to the owner who shall then have five (5) business days in which to take the animal to a licensed veterinarian for vaccination. The owner shall return proof of vaccination in the manner required by Section 4 within the five (5) day period following redemption or shall be deemed to have further violated this ordinance. The administering veteri- narian shall be reimbursed upon presentation of the receipt to the County for the cost of the vaccination, however, not to exceed the amount of the prepayment made. E. Except for any animal undergoing quarantine pursuant to Section 8, an animal which has not been redeemed within five (5) consecutive days after impoundment, including the day of impoundment and provided the fifth day falls on a day the facility is open for business, shall escheat to the Animal Control Authority. The Animal Control Authority is hereby authorized to dispose of the animal by adoption or destruction through eutha- nasia as it deems most humane, in its sole discretion. Adoption fees shall be collected at the rate established by the designated impoundment facility, but in any event, no dog or cat shall be released for adoption without first being sterilized, or without a written agreement from the adopting party guaranteeing that said animal shall be sterilized within thirty (30) days following adoption, unless the sexual maturity of the animal requires a longer period. An agreement to sterilize shall be secured by deposit with the agency from which the animal is adopted of a sum to be determined by the agency to be refunded without interest upon presentation of proof that said animal has been sterilized. Until such animal is actually sterilized, licensing fees shall be levied as if the animal were unsterilized. 'Failure to comply with the agreement shall result in forfeiture of the deposit to the agency for animal control or related purposes. Upon proof of sterilization, the Tax Collector is authorized, if requested by the owner, to refund any portion of the current year's paid licen- sing fee attributable to the previous unsterilized status of the animal, as if ,said animal had been neutered or spayed for the entire year. All provisions herein pertaining to the steriliza- tion of adoptive animals shall be interpreted consistently with the legislative policy and requirements set forth in Florida Statutes §823.15, as may be amended, governing sterilization of animals released from animal control shelters or agencies. RABIES CONTROL -- QUARANTINE OF CERTAIN ANIMALS A. It shall be the lawful duty of any owner of an animal within Indian River County which has bitten any person or other animal, or which is believed to have rabies, to surrender such animal to the Animal Control Authority upon its request. It shall be the lawful duty of any person having knowledge of an animal bite or exposure of a human or animal to a known rabid animal to report same to the County Health Department. B. Upon impoundment of any animal involved in a biting incident under the above mentioned circumstances, such animal shall undergo a ten (10) day quarantine period under direction of the County Health Department. Such animals shall not be released or removed from quarantine unless authorized by the County Health Director. If the animal dies or exhibits further unusual symptoms, the County Health Department shall be notified immediately. No animal which dies during quarantine or as a result of suspected rabies shall be removed from this County without the authorization of the County Health Director. -lU- �� UAV 15 1983 800A e PAGE.O i JUN 15 198 BOOK 5.1 pnE $112 1) For any dog or cat -having a current rabies vaccina- tion in accordance with this ordinance the County Health Director may approve quarantine at home or another acceptable location besides the designated impoundment facility. 2) For those dogs and cats not having a current vacci- nation, quarantine shall be at the designated impoundment facility in accordance with recognized quarantine procedures established and approved by the County Health Department. Quarantine in the hospital of a licensed veterinarian at the expense of the owner shall be allowed as an alternative. In the absence of either alternative, the County Health Director may approve quarantine in some other feasible location. 3) with respect to any wild animal involved in a biting incident or exposed to known rabid animals, such animal upon r capture may be immediately sacrificed and the brain submitted to the State HRS laboratory for examination for rabies. Captive wild animals in zoos, tourist attractions and private homes shall be evaluated individually in accordance with their history of possible exposure for rabies. C. Nothing in this section shall be construed as requiring or authorizing -treatment of known or suspected rabies cases contrary to the provisions of Florida Administrative Code Chapter 10 D-3.91, as it may be amended from time to time. SECTION 9 DANGEROUS AND VICIOUS ANIMAL DETERMINATIONS A. Upon the request of any aggrieved person, the Animal Control Authority shall investigate any incident involving an animal which is alleged to have, without provocation, attacked, bitten, scratched, or otherwise caused physical harm or injury to any person, other domestic animal, or livestock. If the Authority finds following its investigation that the allegations are supported by the greater weight of the evidence, it shall notify the owner in writing by certified letter of the offense and that the animal has been determined to be dangerous. The notice shall further state that any subsequent similar offense within the following eighteen (18) months involving the same animal shall =11- result in a determination that the animal is vicious and subject to additional restraint requirements. The determination shall be made a matter of record in the central data system. B. Upon complaint, investigation, and finding by the Animal Control Authority that the animal has committed a second offense within eighteen (18) months of the first offense, said animal shall be determined to be a vicious animal. The Authority shall promptly make a..record of such determination with the central file and shall again notify the owner in writing by certi- fied letter of this determination. C. Upon a third offense within the eighteen (18) month period, the owner shall be again notified and shall forthwith voluntarily forfeit the animal to the Animal Control Authority for disposition as it determines most humane and beneficial to the community. D. Every owner of an animal subject to proceedings under this section shall have the right to an evidentiary hearing on the alleged offense before the Code Enforcement Board. Notice of the right to this hearing shall be delivered to the owner as part of the written notice of the dangerous or vicious animal determination. The owner shall have seven (7) days from the date of receipt of the determination in which to request such hearing by delivering a written request to the Animal Control Authority. Any appeal taken shall stay application of this section until final resolution of the matter by the Code Enforcement Board. E. This section shall not apply to animals trained for security or guard purposes, provided the incident involved occurred during the course and scope of such duty. Nor shall any incident be deemed an offense if it occurs within the real prop- erty limits of the owner, provided the property is conspicuously marked as to the presence of the dangerous or vicious animal. F. It shall be the lawful duty of every person who has observed an unprovoked attack or biting incident involving an animal -subject to this section to report such information to the Animal Control Director. JUN 15 1983 -12 eeo� 53 PAcI S 3 JUN 15 1993sox 5.3Pn i 804 SECTION 10 CODE ENFORCEMENT BOARD PARTICIPATION -- VIOLATIONS AND VICIOUS ANIMAL DETERMINATIONS A. The Code Enforcement Board of Indian River County is hereby recognized and designated as an administrative hearing board for the purposes of assisting with the enforcement of this ordinance. The Animal Control Authority may present an alleged violation to the Code Enforcement Board for a hearing upon due public notice to the parties concerned, for findings of fact, con- clusions of law and assessment of penalties and fines provided by this ordinance. Such hearings shall be conducted in accordance with normal Code Enforcement Board procedures and all fines shall be levied and enforced in accordance with the ordinance creating said Board. B. The Board may hear and determine either of the following matters: 1) An alleged violation of any of the provisions of this ordinance. 2) Dangerous or vicious animal determination appeals upon request of the owner in accordance with Section 9 D. SECTION 11 ENFORCEMENT OPTIONS 3r The Animal Control Authority shall, whenever an owner, person, or animal is deemed to be in violation of this ordinance in any manner, take one or more of the following steps, as deemed most appropriate to achieve the desired result: A) Impoundment of such animal with notification, ,redemption and disposition to be pursued in accordance with this ordinance. B) Initiate an action for determination of a violation by the Code Enforcement Board as provided above. C) Issuance of a "Notice of Violation" to the owner of such animal or to the person deemed in violation. Such Notice of Violation shall state the date and time of the issuance of the notice, the name and address of the owner or person in violation, the date of offense, the offense committed, a description of the animals involved and demand that the offense be abated within M&3 twenty-four (24) hours after issuance of the notice, providing that the twenty-four (24) hour period does not fall on a holiday or non -business day. If the party notified shall fail to abate the offense or offenses prescribed within the required time, a representative of the Animal Control Authority shall sign an affidavit as necessary to initiate an action for misdemeanor prosecution in a court of competent jurisdiction in Indian River County, Florida. D) Issuance of a "Notice to Appear" in accordance with Florida Statutes §901.28 and the Florida Rules of Criminal Procedure, Rule 3.125, thereby initiating an action for misde- meanor prosecution in a court of competent jurisdiction in Indian River County, Florida; provided the citing officer has the lawful authority pursuant to general or special law. E) Impoundment shall be mandatory regardless of the A means chosen by the Animal Control Authority to prosecute a particular violation in any case in which non -impoundment can be reasonably expected to result in immediate and substantial destruction of life or property or otherwise adversely endanger the health, safety and -welfare of the public. SECTION 12 INTERFERENCE WITH ANIMAL CONTROL AUTHORITY UNLAWFUL It shall be unlawful and a violation of this ordinance, subject to all penalties herein, for any, person or persons to interfere with, hinder, resist, obstruct, or molest any represen- tative of the Animal Control Authority in the performance of official duties. It shall be unlawful for any person or persons without the authority of a court of competent jurisdiction, or without having first complied with the redemption requirements of this ordinance, to seek to release or remove any animal from the custody of the Animal. Control Authority, or a designated impoundment facility or to otherwise tear down, burn, deface, destroy or otherwise injure any property, vehicle, or equipment of any designated impoundment facility, the County, or the Animal Control Authority. i� -14- JUN 15 1983 6009 5.3 N."805 JUN 15 1993 ManxCIF SECTION 13 RIGHT OF ENTRY UPON PRIVATE PROPERTY FOR ENFORCEMENT For the purposes of discharging the duties imposed by this ordinance, including investigationofpossible violations and enforcement of any provision, the Animal Control Authority and any representative thereof officially charged with carrying out such duties are hereby empowered to enter upon private property, not including a dwelling house, enclosed structure, or fenced enclo- sure, for the purpose of demanding that an animal, or if appli- cable, the license tag of such animal be exhibited to said Animal Control Authority. Further, such person shall be empowered to enter private property, including a fenced enclosure but not a dwelling house or enclosed structure, to capture and impound any animal known or suspected of biting or scratching any person, or any animal infected or showing suspicious symptoms of rabies, animals in need of immediate medical attention including cruelly treated animals, vicious animals not properly controlled by the owner, and animals at large if such animal is on the property of a person other than the owner. Refusal by any property owner to allow such person to enter upon one's property as authorized by this section shall be unlawful and a violation of this ordinance. Any such person making use of this right -of entry shall be immune from prosecution, civil or criminal, for reasonable good faith trespass upon real property as authorized herein. SECTION 14 PENALTY PROVISION In addition to any of the fees, fines, or penalties provided elsewhere by this ordinance, any person who shall violate or fail to comply with any of the provisions of this ordinance shall upon conviction by a court competent jurisdiction be pun- ished for each such violation by a fine of not more than FIVE HUNDRED DOLLARS ($500.00) or by imprisonment in the County jail for not more than sixty (60) days, or by both fine and imprison- ment. Each day or fraction thereof during which the violation continues shall be considered as a separate offense. The Board of County Commissioners may enforce the provisions of this chapter by seeking injunctive relief or any other remedy available by law. SECTION 15 APPLICABILITY This ordinance shall be applicable to all of Indian River County lying within or outside of any municipality, unless such municipality adopts an ordinance inconsistent herewith, in which case -the municipal ordinance shall prevail. SECTION 16 REPEAL OF CONFLICTING LAWS Any ordinance, local law or special act or resolution which conflicts with the provisions of this ordinance, and specifically those found in Chapter 3.of the Code of Laws and Ordinances of Indian River County, are hereby repealed to the extent of such conflict. Section 3-2 and 3-3 of the Code of Laws and Ordinances, concerning livestock running at large, shall be excepted from this repealer and shall be deemed to remain the law of Indian River County and are hereby incorporated by this reference SECTION 17 INCORPORATION IN THE CODE OF LAWS AND ORDINANCES OF INDIAN RIVER COUNTY This ordinance shall be incorporated into the Code of Laws and Ordinances of Indian River County and the word "ordinance" may be changed to "section," "article," or other 4 appropriate word and the sections of this ordinance may be renumbered or relettered to accomplish such purposes. SECTION 18 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Secretary of State of the State -of Florida of official acknowledgement 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 15th day of —16— ; ioOK 53 Fac€ 07 JUN 15 1983 -PA max June, 1983. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER OUNTY By RIC ARD N. BIRD Chairman Acknowledgment by the Department of State of the State of Florida this 27thday of June 1983. Effective Date: Acknowledgment from Department of Stfkploo G .received on this day of ulhe Y , 1983, at A.M./P.M. and filed in the Office of the Clerk of the Board of County.Commissioners of Indian River County, Florida. APPROVED,AS TO FORM AND LEGAL SPF �LENCY. By CHRIPTOPHEVJ. PAULL Assistant County Attorney RESOLUTION NO. 83-43 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DESIGNATING THE COMPOSITION OF THE ANIMAL CONTROL AUTHORITY AND ESTABLISHING FEES AND PENALTIES IN ACCORDANCE WITH ORDINANCE NO. 83-22. WHEREAS, in accordance with Ordinance No. 83-22, the Board of County Commissioners hereby designates the constituency of the County's Animal Control Authority, including a general description of the functions of each designee; and WHEREAS, said ordinance requires the establishment of certain fees and penalties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The Indian River County Animal Control Authority shall be comprised of the following designees: a) Animal Control Director -- The primary provider of patrol, capture and delivery services under the ordinance; initi- ation and prosecution of ordinance violations; coordination of the communication among and functions provided by, the other components of the Animal Control Authority. b) The Humane Society of Vero Beach, Inc. -- To serve primarily as the provider of the designated impoundment and hous- ing facility and to administer all adoption services for animals impounded pursuant to the ordinance. c) The Office of the Sheriff of Indian River County -- To provide patrol, capture and delivery capability in addition to and in support of that provided by the Animal Control Director or his designees; to issue notices to appear invoking County Court jurisdiction in appropriate cases and to assist with service of Code Enforcement Board notices at the request of the Animal Control Director, if necessary. d) The Environmental Health Section of the County Health Department -- All activities relating to rabies detection and control, biting incidents, quarantine of animals. 2. The following fees and penalties are hereby estab- lished and are deemed necessary for the proper administration of the ordinance and to promote protection of the public's health, J U iV 1 °I� � -1- Boa .3 mu 809 JUN 15 1983 aO {J"0 safety and welfare: a) Licensing fees (1) Female or male, dog or cat, initial.or renewal license, not sterilized -- $10.00 per year (2) Female or male, dog or cat, initial or renewal, sterilized -- $5.00 per year (3) Half price to be assessed for issuance of any initial license after June 30th of a licensing year. (4) All renewals shall be at full price per category. (5) Additional late charge for licensing after date required by law -- $5.00 (6) Fee for issuance of duplicate license tag -- $3.00 (7) All of the above fees are to be paid to the Tax Collector of Indian River County, Florida. b) Impoundment Fees (1) $5.00 per diem or part thereof for all animals (2) Payable prior to release of animal from the designated impoundment facility. c) Redemption Penalties in addition to impoundment fees (1) $15.00 for the first offense (of an owner) (2) $30.00 for a second offense (3) $60.00 for any third or subsequent offense d) Impoundment fees and redemption penalties shall.be paid during business hours at the Office of the Clerk of the Circuit Court, Indian River County Courthouse, 2145 14th Avenue, Vero Beach, Florida. Impoundment and redemption penalties shall be paid during non -business hours at a location to be designated by the Animal Control Director. e) An owner shall pay all actual expenses or fees incurred for which the County has obligated itself for additional care for quarantine or veterinary services as an impoundment fee, at time of redemption of the animal. f) Rabies vaccination prepayment fee for redemption shall be $8.00 per animal. 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 15th day of June, 1983. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA /";z,009_ 17"oe *�- (11-7 By !'< RICHARD N. BIRD Chairman. Attest: FREDA:WRIGHT, lerk APPROVED,: AS TO FORM :AND LE 'SUF ICIENCY By CHRI�!FOPHER J. -PAULL Assistant County Attorney REZONING - KINGSWOOD WEST from A to R-lAA The hour of 1:30 o'clock P.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to -wit: JUN 15 1983 5t 76 r JUN 15 1983 VERO BEACH PRESS -JOURNAL Published Daily NOTICE—PUBLIC HEARING Notice of hearing to consider the following pro- posal to rezone land from: Vero Beach, Indian River County, Florida A. "Agricultural District" to R-1AA, "Sin- gle -Family Residential District." The sub- ject property presently owned by Kings- wood West Inc., W located at the south. COUNTY OF INDIAN RIVER: STATE of FLORIDA east lntersection_pf 58th Avenue and 161h Street. Before the undersigned authority personally appeared J. J. Schumann, Jr. who on oath The.subject property.ts described as: says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper published Tract 4; 'Section 9, Township 33 South, Range 39 East according to fast at Vero Beach in Indian River Count Florida; that the attached co of advertisement, being Y. PY 9 � eral plat of lands of Indian River Farms River Farms Company filed in Plat Book 2, Page 25, of 1� a the public records of St. Lucie, Florida-,FloidasidlannFyinand ben ' -, County, Florida. A public hearing at which parties in Interest and citizens 0hall have an opportunity to be in the matter of""'" �'�� (heard, will be held by the Board of County Com- missioners of Indian River County Florida, in the ,County Commission Chambers of the County Ad- ministration Building, located at 1840 26% Street, Vero Beach, 'Florida, on Wednesday, June 15, 1983, at 1:30 P.M. in the Court, was pub- p ` - If any person decides to appeal any decision made on the above matter, he will need a record of the proceedings, and for such purposes, he ~� lished in said newspaper in the issues of / �diiC� O e —%I may need to ensure that verbatim record of the proceedings is made, which includes testimony and evidence upon which the appeal Is based. Indian River County yf� r Board of County Commissioners By: -s -Richard N. Bird, Chairman May 27, June 8,1988 , 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 subscribedAfore/fiie thi s day of f A.D. 19 S -f (SEAL) Manager) (Clerk of the Circuit Court, indian/RAer County, Florida) Attorney George Heath appeared on behalf of the applicant, noting that the subject property lies on the west end of Rosewood Boulevard, and it is proposed to develop this into a subdivision of fine homes, probably one of the finest residential communities to be built on the west side of -the river. Attorney Heath informed the Board that Realtor.and developer Ed Schlitt was unable to be present today and sends his apologies. He reported that Mr. Schlitt wrote him a letter commenting that at the Planning & Zoning Commission meeting the only question which came up from Dr. Ames and one other party in the audience was concerning pavement of the road in front of this property, and Mr. Schlitt wants to pledge in the.record that this development 77 will assist in the paving and wanted him to advise the Commission that all of the funds needed for road improvements are in the bank. Attorney Health believed the proposed project is very much in the best interests of the county and urged approval of the rezoning. Commissioner Lyons pointed out that it should be understood that we cannot make rezoning contingent on promises to do any one thing, and Attorney Heath confirmed that was understood. Environmental Planner Challacombe then reviewed the following memo: TO: The Honorable Members DATE: May 23, 1983 FILE: _ of the Board of County Commissioners KINGSWOOD WEST, INC. DIVISION HEAD CONCURRENCE �4w SUBJECT: Patric uce King, AICP THROUGH: Bob Keating, AICP Planning & Zoning Dept. Manager Q..` A t Cu 11 mb -._REQUEST TO REZONE 41.26 ACRES LOCATED ON THE SOUTHEAST CORNER OF 16TH STREET.& 58TH AVENUE FROM A, AGRICULTURAL DISTRICT TO R-1AA, SINGLE- FAMILY RESIDENTIAL DISTRICT FROM: Environmental Planner REFERENCES: It is requested that the data herein presented be given formai consideration by the Board of County Commissioners at their regular meeting on June 15, 1983 DESCRIPTION & CONDITIONS The applicant is requesting a rezoning of a ± 41.26 acre parcel located on the southeast corner of 16th Street and 58th Avenue from A, Agricultural (maximum 5 acres/unit), to R-lAA, Sin- gle -Family Residential (maximum 2.6 units/acre). The site is proposed for the establishment of a single-family subdivision of one-half acre or larger lots. At their regular meeting on May 12, 1983, the Planning and Zoning Commission recommended approval of the rezoning application. ALTERNATIVES & ANALYSIS Land Use Analysis: In this section, an analysis of the exist- ing land use pattern will be presented as well as a discussion of the future land uses as established in the Land Use Element of the Comprehensive Plan. W JUN 15 1983 aQOK .3 PAGE 813 J JUN 15 1983 a4©K F,, 814 Existing Land Use Pattern - The subject property is presently being utilized as a citrus grove. The areas immediately adjacent to the subject property are also in groves. -Sin- gle-family residences -are located within the groves to the east and north sides of the subject property. In the east, north, and south vicinity of the property lie numerous single-family residential subdivisions. The subdivisions and their respec- tive densities are as follows: 1) Magnolia Estates - 1 unit/acre 2) Kanawha Acres - 1 unit/acre 3) Glendale Lakes - 2.24 units/acre 4) Orangewood Estates - 2 units/acre .5) Idlewild - 3.65 units/acre 6) Sundowners - 2 units/acre 7) Silver Oaks Estates - 1 unit/acre 8) Tropicolony - 4.48 units/acre 9) Old Sugarmill Estates - 1.64 units/acre 10) Raintree Corner - 1.47 units/acre 11) Briarwood - 1 unit/acre 12) Banyan Acres - 1 unit/acre Future Land Use Pattern - The subject property is designated LD -1 (Low Density Residential to a maximum of 3 units/acre) on the;Indian River County Comprehensive Plan. To the west of 58th Avenue, the Plan designates those areas as RR -1 (Ru- ral -Residential to a maximum of .04 units/acre). The existing character of the area and the R-1AA, Single -Family Residential, district proposed by the applicant will serve as an effective intermediate land use buffering the RR -1 land uses from the, more intense land uses of the LD -2 (Low Density Residential to a maximum of 6 units/acre) areas to the east of 43rd Avenue. Traffic - The subject property is served by 58th Avenue, a major arterial, and 16th Street, a secondary collector. If the subject property is developed at the maximum density, it is anticipated that it will generate an additional 535 Average Daily Trips (ADT). This additional traffic will not produce a significant impact on either 16th Street or 58th Avenue. Utilities - The subject property is not served by municipal or county water and sewer service. It is anticipated that the development would be served by individual wells and septic systems. Environment - The subject property is not within a flood hazard zone as depicted on the Flood Insurance Rate Maps (FIRM), nor is it designated as environmentally sensitive on the Comprehensive Plan. RECOMMENDATION Based upon the above analysis, staff recommends approval. Mr. Challacombe wished to point out the R-1AA is the second lowest designation in the county. The surrounding areas are primarily in groves. This is an LD -1 designation. There is LD -2 to the north and east. Directly to the west is RR -1 which is 22 acres per unit. Staff looks at the whole area as being a transition from LD -2 and the lower 79 densities; they feel the proposed subdivision is compatible with the area and recommend approval. The Chairman asked if anyone present wished to be heard. There were none. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Scurlock, the Board unani- mously closed the public hearing. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously adopted Ordinance 83-23 rezoning Kingswood West to R-lAA as requested. 80 JUN 15 1983 dQox 3 PAu815 JUN 15 1983 ORDINANCE NO. 83-23 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 amend- ed as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: Tract 4, Section 9, Township 33 South, Range 39 East according to the last general plat of lands of Indian River Farms Company filed in Plat Book 2, Page 25, of the public records of St. Lucie County, Florida; said land now lying and being in Indian River County, Florida. Be changed from A, Agricultural District to R-lAA, Single - Family Residential District. All with the meaning and intent and as set forth and described in said Zoning Regulations. Approved and adopted by the Board of County Commissioners of Indian River County, Florida on the 15th day of June , 1983. BOARD OF COUNTY COMMISSIONERS OF INDIAN rRIVER COUNTY By:�7L Ri hard N. Bird, Chairman Acknowledgment by the Department of State of the State of Florida O this 20th dayof June 1983. Effective Date: Acknowledgment from the Department of State received on this 24th day of June 1983 atll:00 A.M./P.M. and filed in the Office of the Clerk of the Board of County of Indian River County, Florida. APPROVED AS TO FORM LEGAL SUFY-f&ENCU By: . Brandenburg,? County Attorney 81 I FINANCE ADVISORY COD4MITTEE REPORT A. Criminal Justice Complex Commissioner Scurlock read the following summary of the committee's recommendation re financing for the proposed Criminal Justice Complex: Telephone: (305) 567-8000 BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 To: Board of County Commissioners From: Finance Advisory Committee Subject: Financing for proposed Criminal Justice Complex Suncom Telephone: (305) 424-1012 June 15, 1983 At the June 13, 1983, meeting of the Finance Advisory Committee, financing for the proposed Criminal Justice Complex was discussed and the following recommendations for your consideration are forwarded: 1) Public Referendum in March, 1984 to vote on a General Obligation Bond Issue for the Criminal Justice Complex. (Amount needed to be determined by Board of County Commissioners) 2) This bond issue was considered in conjuction with the existing Beach Bond Issue (5 year issue) This current issue will cost the taxpayer 4/10 of 1 mill in this taxing year. 3) New bonds to run for 10 years with the first 5 years being interest only and the second 5 years the principal being reduced thus phasing this second bond issue's principal reduction after the Beach Bonds are paid off. 4) This proposal would increase the 4/10 of 1 mill to 5/10 of 1 mill for the first year and the debt service would be level for the 10 year period for the combined issues. (Both Beach Bond and Criminal Justice Complex) 5) If the .Board of County Commissioners were to consider an amount greater than $8,000,000., the Finance Advisory Committee would like to take another look at the proposed funding. Commissioner Scurlock stated that one of the reasons - they were seriously considering the advantages of General Obligation Bonds was that basically you have the 25 to 40 point basic slight difference in that and an issue supported by sales tax and it is more marketable. Director Barton noted that it really pays off both bond issues within a 10 year period. The Jail would probably JUN 15 1983 82 KOOK 53 pAct 817 s J'UN'-1 5 198 �c have to be expanded at that point, and by that time we would be out of debt. Commissioner Scurlock continued that the existing effort to support the Beach Bond issue would be extended for another five year period. If the issue were a larger size, we would have to reconsider the pay out period. Commissioner Lyons felt that this is most encouraging news. Administrator Wright felt that 1/10 of a mill was based on 6 million, and Commissioner Scurlock stated it was 6 - 8 million. Commissioner Scurlock had nothing but praise for the Finance Advisory Committee, and it was agreed that it is a tremendous help to the county to have this kind of expertise available. B. Refund 1980 and 1981 Revenue Bond Issues Commissioner Scurlock next reviewed the following memo: A, W BOARD OF COUNTY COMMISSIONERS 1840 25th Street, Vero Beach, Florida 32960 Telephone: (305) 567-8000 June 15, 1983 Suncom Telephone: (305) 424-1012 TO: Board of County Commissioners - Indian River County FROM: Finance Advisory Committee SUBJECT: Refund 1980 and 1981 Revenue Bond Issues At the June 13, 1983, meeting of the Finance Advisory Committee an analyzation of possible refunding the two bond issues used for the construction and renovation of the administration build- ing and courthouse was undertaken. The original amounts of these issues are: 1980 Revenue Bonds - $4,350,000 average coupon 1981 Revenue Bonds - 725,000 average coupon The refunding could be accomplished with no additional cost or years to maturity for Indian River County; but a bond covenant requiring the debt service reserve account to have certain in- vestments in that account would be eliminated. Then the invest- ments could be sold for a profit to the county of approximately $341,000 cash in hand which could be used for the additional courtrooms required in Indian River County. It was the recommendation of the Finance Advisory Committee that the Board of County Commissioners proceed with the refunding of the 1980 and 1981 Revenue Bond Issues (Race Track Funds are pledged $446,500 annually). Commissioner Scurlock noted that the committee talked about looking at our existing issues with the idea of possibly eliminating some bond covenants to address the new courtroom. He reported that they also did consider two other options - one on present value was $1,000 difference and the third option was a $7,000 present value differentia- tion. When they looked at the overall additional interest costs on the three issues, they came up with this recommen- dation as being the most advantageous. If additional monies should be required, it was felt we could look at some other sources within the county. im 5.3 ear 19 I JUS 15 1983 e®axfP.UE 820 Finance Director Barton explained that we would still be committing the Racetrack funds to the exact same amount of time they already are committed, and there is even a possibility we might not have to go to revalidation. As long as these funds are committed, the state cannot give up funding them. Mr. Barton further explained that when we went out for the Junior lien in 1981, because of the coverage requirements, he had to put money in a specific investment instrument to get the interest rates that would help provide sufficient money to cover the principal and interest due every year. Mr. Barton reported that the investments he bought at a little over 80� on the dollar are now worth approximately 125 on the dollar, and he, therefore, would like to get them released while they are still up so that we have some money to use for the other projects. Administrator Wright noted that staff needs authori- zation to proceed with refinancing, and he would like to be able to move as quickly as possible while the market is still favorable. He believed we can have the money in hand by August or early September. ON MOTION by Commissioner Scurlock, SECONDED by Commissioner Lyons, the Board unanimously authorized staff to proceed with the refi- nancing of the 1980 and 1981 Revenue Bond issues as recommended and then come back to the Commission for final authorization for issuance EMERGENCY MEDICAL SERVICES Commissioner Lyons informed the Board that a letter has been received from Dr. Frazier who has been serving as County Medical Director for Emergency Medical Services 85 indicating that the amount of salary has proved excessive for the work involved and he feels the position should be converted to a non -paid basis. Commissioner Lyons felt the County certainly appreciated Dr. Frazier's attitude. Said letter is made a part of the record as follows: qvi.ffiain c 9¢azi.Ez, <A-4.125, �.�. PLASTIC & RECONSTRUCTIVE SURGERY 31 ROYAL PALM BLVD. VERO BEACH. FLA. 32960 1305) 562.2400 PLASTIC & RECONSTRUCTIVE SURGERY. BURN INJURIES, BREAST RECONSTRUCTION. CLEFT LIP & PALATE, COSMETIC SURGERY. HAND. HEAD & NECK CANCER. MAXILLOFACIAL AND SKIN CANCER SURGERY CERTIFIED: AMERICAN BOARD OF SURGERY AMERICAN BOARD OF PLASTIC SURGERY May 20, .1983 Gary M. Brandenberg, Esq. County Attorney Board of County Commissioners 1840 25th Street Vero Beach, Florida 32960 Dear Mr. Brandenberg: I.have discussed with Mr. Pat Lyons the amount and intensity of -work required of the County Medical Director for Emergency Medical Services as it relates to the salary established in the Contract. After several months of experience, I have reached the conclusion that the work required of this position is less then I had anticipated. Consequently, I want to have an Addendum added to the Contract, effective May 20, 1983, indicating that the position will be filled on a non -paid basis, but with all other requirtements of the Contract being fulfilled. In short, I want to stop the salary for the position, but do want to continue to hold the position and carry out the agreed-upon duties as the Medical Director for Indian River County EMS. As the work load increases in intensity and volume, then it would be more appropriate for the salary to be restarted, although perhaps at a different- level ifferent-level of funding. I would like to be paid for the work completed to -date, and this con- stitutes two and two-thirds months for a total of $$4,000. I would like to have this check forwarded to me at your earliest convenience, but do want to have this letter act as a notice indicating my desire and intent-iiin to have the position converted from a paid to non -paid basis. With regard to balance of funds available, I would suggest that these be returned to the general coffers or used in what other way you think appropriate. I would certainly not anticipate that these should be required for the Medical Director position during the remainder of the current fiscal year, and would consequently suggest that they be used more productively elsewhere. If you have any questions concerning this, please do not hesitate to contact me. Thank you for your assistance in this matter, Yours truly, WHF:bd William H. Frazier, M. D., F.A.C.S. � s: JUN 15 198.3 �: V, a 2' Commissioner Lyons then gave a brief report on the actions of the EMS Council, noting that it has met once a month with representatives from both hospitals, the Sheriff, the City Police, the Highway Patrol, ambulance squads, fire departments, - everyone involved in emergency medicine. He believed this has been very helpful for all since there is more communication between these people than ever before, and from that standpoint alone, we have improved our emergency medical service. Commissioner Lyons noted that Dr. Frazier has come up with something that will extend the activities of the ambulance squad. They have put together Mast Suit Protocol, Criteria for Maintenance and Monitoring of IV's, EMT Emergency Department Observation Procedures, Indian River County EMS Policy, and Esophageal Obtuator (airway) Protocol, all of which is on file in the County Commission Office. Commissioner Lyons reported that all these things have been formalized and he has delivered them to,the County Attorney to be sure that no legal or insurance problems have been created. Commissioner Lyons next reported that there also has been tremendous activity in the 911 communications area, and he felt we are beginning to get the problems of everybody changing over to a different system of responding and. thinking worked out. One of the main things was to set up the system where the South County Fire Department now dispatches all fire calls to the county. In addition, the Sebastian Fire Department and Ambulance Squad are now separate and the Sebastian ambulance is now dispatched 24 hours a day through volunteers situated in the police department. Commissioner Lyons noted that we still, however, are short a car -to -car communications link in some areas, and they will have a meeting on that sometime shortly. M FRANCHISE — TAMARA GARDENS WATER COMPANY 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 in the matter of in the lished in said newspaper in the issues of Court, was pub- Affiant further says that the said Vero Beach Press -Journal is a newspaper published at Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofore been continuously. published in said Indian River County, Florida, each daily and has been entered as second class mail matter at the post office in Vero Beach, in said Indian River coup- 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 b rethis day of A.D. 19 ( i s•Manager) (Clerk of the Circuit Court, Indian River County, Florida) (SEAL) NOTICE OF PUBLIC HEAR= The Public Hearing for Tamara Gardens water Company franchise application is scheduled for' 2:00 p.m., Wednesday, June 15, 1983, at the County Commission Chambers at the Indian River County Administration Building, 1840 25th Street, Vero Beach, Florlda 32980. All interested parties are invited to attend and: will be given an opportunity to be heard at that time. The franchise is dedicated to providing water service to Tamara Gardens, a multi -family residential development. The service area legal' description is as follows. EAST 10 ACRES OF THE WEST 20 ACRES OF TRACT 10, SECTION 1, TOWNSHIP 33 SOUTH, RANGE 39 EAST, INDIAN RIVER FARMS COMPANY SUB- DIVISION,'AS IN PLAT BOOK 4, PAGE 39, PUBLIC RECORDS OF INDIAN RIVER COUNTY, FLORIDA.' The rate schedule and security deposit for this, water service is as follows: SECURITY DEPOSIT: A refundable deposit will be required of all new customers and recon nettedunits In the amount of 550.00 (fifty dollars)' per unit "Said deposits will ensure final payment' of any bill. MONTHLY WATER SERVICE CHARGE: Up to 2,000 gallons per month: $27.00 For all usage over 20,000 gallons the charge per 1,000 gallons or part thereof is: $ 2,00 The minimum base,rate charge per *wiper month: $27,00 28,1983. The Board reviewed staff recommendation as follows: 8.8 aeon 3 QA 823 L JUN 15 1983 TO: T1:e Honorable Members of the DATE: May 27, 1983 FILE: Board of County Commissioners THROUGH: Terrance G. Pint Utility Services Di ector SUBJECT: PRIVATE COMMUNITY WATER SYSTEM FRANCHISE APPLICATION FOR TAMARA GARDENS WATER COMPANY FROM: Joyce S. Hamilton REFERENCES: Administrative Assistant Utility Services DESCRIPTION AND CONDITIONS: Tamara Gardens Water Company is a private community water system dedicated to providing water service to the Tamara Gardens condominium development. Tamara Gardens is located on the south side of State Road 60, west of Kings Highway and east of I-95. Wastewater needs will be provided by individual wastewater systems with four dwelling units per half acre/two units per individual system as approved by HRS -Environmental Health Division. This project will total fifty-two (52) units. ERC`s (equivalent residential connection) - three hundred fifty (350) gallons per day of water consumption to be treated. One condominium unit is equal to 250/350 of an ERC or .7143 of an ERC. ALTERNATIVES AND ANALYSIS: The rate analysis has been examined and staff finds it adequate to cover op- erating expenses and it limits the rate of return.6n the rate base to a maximum of twelve (12) percent. The public hearing -has been properly advertised and the background data has been reviewed as being complete and satisfactory. RECOMMENDATION• Staff recommends the approval of the subject franchise application. Approval of this franchise however should not be construed as a permit to construct. All plans and specifications must be submitted to the Utilities Department for approval prior to a permit to construct being issued. Utility Services Director Pinto confirmed that this is a fairly straightforward franchise request for a 52 unit project. The wastewater is handled through a septic system which is out of our jurisdiction. There is nothing different in this franchise other than the requirement for the company to inform users of the possibility of the county taking the system over, at which time they would be subject to county rates. W a � r The only point Commissioner Scurlock wished to raise is that he feels the 3% franchise fee should be 6% as he did not believe that 3% will be sufficient for the amount of monitoring we will have to provide. He pointed out that 60 is an accepted standard industrywide. Chairman Bird felt that hopefully we will be able to keep track of this and review it at sometime in the future. Mr. Pinto reported that in the coming year's budget they will definitely be looking at the cost of.regulating the franchises. He emphasized that we have not so far ,received any dollars at all under this 3% fee as none of these systems are in existence yet. Attorney Brandenburg informed the Board of some minor changes that should be made. On Page 8 of the franchise, Section 12, the last sentence states that if they transfer the utility contrary to the terms of the franchise, the transfer will be considered null and void. He did not feel that we have the authority to do that, and suggested that this be replaced by a statement that a transfer would constitute a violation of the franchise agreement and be grounds for termination of same. The other change is on Page 16 of the franchise where it refers to Sec. 125.43; this should be Sec. 125.42. Attorney David Cairns of Jones, Foster & Moss, was present standing in for Attorney Henderson and stated that professional engineer Dean Luethje is also present as is Mr. Moran who could discuss rate information, if desired. Chairman Bird asked if there was any problem with the suggested change in language, and Attorney Cairns stated he had no objections. Chairman Bird asked if anyone present wished to be heard. There were none. JUN 15 1983 90 B�Qd3 PAGE 0025 JUN 15 1983 P,1GF� ON POTION by Commissioner Lyons, SECONDED by Commissioner Scurlock, the Board unani- mously closed the public hearing. Discussion followed regarding the impact that would be felt by the individual customer at the time the County took over. It was noted that at such time, we would phase out their plant but connect their distribution lines to the County system, and an impact fee equal to whatever is being charged in the county at that time would have to be borne by the individual resident. It was generally agreed that it is important that this is clearly stated in the record. Mr. Pinto noted that the franchise has some language that the company has to pay that connection fee. Attorney Brandenburg explained that the way the franchise works is that each time a certificate of occupancy is issued at this project, the then current impact fee is escrowed. That money remains in that escrow account under the terms of the franchise; should the county within a 7 year period run a line out there and provide its own system, the county then gets all the money that has been escrowed. Every C.O. that has not been issued at that point, there has been no impact fees escrowed for, and they would have to pay the normal connection and capacity charges current at the time they hook into the county system; later on down the line, the impact fee may be substantially higher than it is now, but the people already on the system will not have to pay the higher amount that the new people in subsequent phases will. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board adopted Resolution 83-44 Tamara Gardens Water Franchise. 91 RESOLUTION NO. 83-44 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 "Tamara Gardens Water System Franchise". SECTION II For the purpose of this Resolution, the following terms,: phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words using the present tense include the future, words in the plural number include the singular and vice versa. The word "shall" is always mandatory. c (a) "County" is Indian River County, a political subdivision of the State of Florida. W (b) "County Engineer" may be "County Administrator or County m & Utilities Director." W (c) "Utility" is the Grantee of rights under this franchise, 0 s a to wit: Tamara Gardens Water Company, a Florida Corporation. IrW o(d) "Board" is the Board of County Commissioners of the 0 Z County. 0 (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, IIfire protection, irrigation, consumption by Residential, business or industry, operation of sewage disposal plants and, without limiting the generality of the foregoing, shall embrace all 1 wax. 5.3PAGP.821 JUS 1 � �9�3 - -- I J U -N a 0 a 0 i U a W M 0 Ir W a 0 W f W 0 LL W Z 0 1983 BOOK .P 82s necessary appurtenances and equipment and shall include all property, rights, easements, licenses and franchises relating to any such system and deemed necessary or convenient for the operation thereof. (h) "Service" means supplying to a user the distribution of water and the treatment thereof. (i) "Hookup and/or Connection" is the connecting of potential user's property to the water system in order to utilize the Utility's services. SECTION III 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 system as herein defined within the described territory as herein provided and for these purposes to sell and distribute treated water within the territory, and for these purposes to establish the necessary facilities and equipment and to lay and maintain the necessary lines, pipes, mains and other appurtenances necessary therefor in, along under and across the public alleys, streets, roads, highway and other public places of the County; provided, however, that the County reserves the right to permit the use of such public places for and all other lawful purposes and subject always to the paramount right of the public in and to such public places. 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. 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 fees and charges as it shall find necessary in the exercise of the _ 2 M a a a 0 IL i 0 It W 0 0 Ir W UI 0 f W M " 0 LL n; W z 0 police power and lawful authority vested in said County, provided that such regulations shall be reasonable and not conflict with the rights herein granted and not in conflict with the laws of the State of Florida. The County shall have the right, but not the duty, to inspect all construction or installation work performed. SECTION IV The territory in which this franchise shall be applicable is all that part of Indian River County, Florida, located within the following described boundary lines, to wit: See Exhibit "A" attached hereto and incorporated herein. SECTION V 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 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 demand. SECTION VI The Utility shall maintain and operate its water plant and system and render efficient service in accordance with the rules and regulations as are or may be set forth by the Board from time to time, which shall include but not be limited to "Construction Specifications for Water Distribution and Sewage Collection Facilities" promulgated by Indian River County Utilities Department, July 1980, or as amended. The County shall require the Utility to comply with the above standards. Prior to the issuance of a construction permit, the Utility's project engineers IIshall 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 met by completion JUN5 1 93 3 D®a 5.3 PnF829 JUN 5 1983 5. F,�tfl Q 0 0 iL i 4 W W M 0 x W U1 0 f tu Ir W 0 LL W W z 0 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. Upon the completion of all construction of the water treatment plant and distribution system, 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" 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 dater systems. No service is to be provided to customers until such time as the County issues a letter of acknowledgment. The issuance of said letter shall not be unreasonably withheld. The Utility shall grant necessary easements to County without charge to connect the water system to the County Master Water System together with such easements as are necessary to provide access to the water system, where and if the County makes water service available to the project. The Utility shall pay a $1,000.00 franchise application fee at the time of the submission of the franchise resolution, and agrees to pay all other fees which may be applicable during the operation of the system. SECTION VII 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 - = 4 Indian River County Utilities Department. The manner of treatment and distribution of water shall at all time be and remain not inferior to the quality standards for public water distribution 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 County with an annual report of operations and maintenance certified by the Utility Engineer. 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 Twenty -Five Dollars ($25.00) 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. SECTION VIII (a) The Utility shall have the authority to promulgate such rules, regulations, terms and conditions covering the conduct of its business as shall be reasonably necessary to enable the 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 JUN 111983 5 udx 0 PAGE &3_ .l. with the Board of County Commissions, the Utility, before discretionary action is taken by the Board of County JUN 111983 5 udx 0 PAGE &3_ .l. JUN 11 0 M 0 J W I 0 a W M 0 It W �i 0 f M W F N 0 ILW W 2 0 1983 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. SECTION IX All pipes, pumps, hydrants, mains, valves, blowoffs and other fixtures laid or placed by the Utility for the water system shall be. so located in the dedicated easements in the County after approval by County Engineer so as not to obstruct or interfere with other uses made of such public places already installed. The 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 -owned 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 a 0 M 0 v W w m 0 M W 1 tll 0 f m Ir W F m 0 ti �i W Z 0 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 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 this Franchise. SECTION XI (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 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 such demanding person. In the event the Utility fails to provide its services and facilities as a water 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 water 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 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 JUN 1511983 7ppry D.��X , �'3 PAGE Q JUN 15 1983 BQUK 53 . 1 service to the area is not financially feasible shall be the burden of the Utility. a 0 'a 0 LL i u a W M 0 M W m 0 f W a 0 W 2 0 SECTION XII 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 shall be held on such request, of which notice shall be given by publication in a newspaper regularly published in the County at least one time not more than one month or less than one week preceding such hearing. Certified proof of publication of such notice shall be filed with the Board. The Board shall act within ninety (90) days upon such request. The consent by the Board to any assignment of this franchise shall not be unreasonably withheld. Any sale or transfer by the 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. SECTION XIII Utility warrants adequate capacity to service existing or anticipated customers and agrees not to provide water service unless adequate' capacity is available at the time any new connection is made. SECTION XIV 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, _ _ 8 M 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. Exhibit B hereby -establishes a base facility rate structure whereby each customer shall pay his pro rata share of -the fixed costs of the operation of the utility system keyed to the size of the meter serving his individual property. o Additionally, the customer shall pay his pro rata share of the cost of the commodity of service rendered. In setting said rates, W County shall be guided by the standards set forth in Florida M W Statute 367.081 relating to the establishment of rates and o charges. In any event, the utility shall always be responsible i for justifying its proposed rates and charges by the submission of W o accounting and engineering data to the Utilities Director. The LL W County shall grant rates to the Utility which are just, reasonable 0 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 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 rate of return shall not exceed 12% of the rate base. CONNECTION CHARGE/Capacity Demand Fee Connection charge is $630.00 per Equivalent Residential Connection (ERC) for water service. For the purposes of this rate schedule, an ERC is equal to 350 gallons per day of water consumption to be treated. One condominium unit is equal to 250/350 of an ERC or .7143 of an ERC. JUN 19 19.83 9 soax 5.3- PAGE 83 5 M -BOOK � q The basis for the connection charges and main extension charges as set forth herein has been structured by the Utility with regard to two major but variable factors; first,_ the present level of construction costs of distribution and treatment facilities; and second, their degree of treatment sophistication as prescribed by the Department of Environmental Regulation or body having jurisdiction over the matter. Without County approval, the schedule of connection charges set forth herein may be escalated based upon increases in utility construction costs as evidenced by the quarterly construction index published in Engineering New Record Magazine, ."Construction Cost Index, 20 Cities". Utility shall adjust the connection charges set forth herein semi-annually, with the first such adjustment to be not earlier than January 1, 1984. Any escalation shall not exceed the o percentage difference between said construction cost index for the a base period ending September 30, 1981, as compared with the period ILi Wof comparison. Escrow charges and fees as contained in Section XV m _ Wbelow shall be included in the respective connection charges N listed above and incorporated therein. 0 i ra The Utility hereby agrees to pay to the County a franchise I W 0 fee in the amount of 3% of the Utility's annual gross receipts, LL W (or the sum of $500.00, whichever is greater), derived from 0 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 3% 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 (90) 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 3% franchise fee and the 2h9. renewal and _ =10 0 a 0 LL i U a W M 0 M W tll 0 a W 0 LL tl1 W Z 0 replacement account has been collected and disbursed in accordance with the terms of this Agreement. SECTION XV 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 distributions mains) as provided for in Ordinance 80-21, Section 3, Part B. Utility further agrees to pay the sum of $285.60 per ERC for water 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 system and will deposit all escrow charges paid for any and all connections in this franchise. The fees referenced in this section are subject to the escalation provisions of Section XIV contained herein, using the County factor established in Ordinance 80-21 and 80-22. The fees referenced in this section shall always be reasonable and the County shall have the obligation to prove the reasonableness of any increase in an amount over that which is provided for by the escalation provisions of Section XIV, in any given year. The parties agree that the accounts shall be in the County's name but subject to the escrow instructions, agreeable to the County and Utility, delivered to a mutually agreed upon bank licensed to do business in Indian River County. 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. II (A) Should the County at any time within the ensuing seven (7) years provide a water distribution system and furnish water services to individual customers within the franchise territory, JUN 15 1983a� 11 � .3 FAA,37. a 0 C 0 LL x U W W M 0 M W 0 i ca it W 0 Vi W Z 0 f X" d0©!f 4J F,4 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 plant at Utility's original construction costs plus costs associated with capital additions and expansions to the system less 3;-2 percent 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 system as provided in Section 6. In conjunction with the water plants' purchase, County shall also purchase necessary land areas upon which the plant is located at the then fair market value of the real estate. Upon acquisition of the water plant and appurtenant real estate, County would then own the entire water system and would terminate this franchise and provide water utility service to the franchise territory. All accumulated escrow fees would vest in County. As regards the purchase of the necessary land areas upon which the plant is located, County shall first tender its offer to the Utility. In the event the Utility finds the offer inadequate, County and Utility shall each select an appraiser to advise the respective parties as to the value of said land areas. In the event, after appraisal, County and Utility are still unable to agree, said appraisers shall select a third appraiser to arbitrate the matter. The matter shall then be resolved in accordance with the Florida Arbitration Code. The decision reached in the arbitration process shall be final and binding on the respective parties. (3) In the event that the above condition (2) is not exercised by the County within seven (7) years from the date of J _12 I— 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 c the seven (7) year period referenced therein not have lapsed. a 0 J (5) In the event of an acquisition by the County, or the wutilization of County's own plants, the County shall receive the M Wwater distribution system free of cost and in good repair, wear W and tear excepted. The Utility agrees to grant to County any I' rc easements necessary to connect the water system to the County's W owater systems without charge. U. W SECTION XVI 0 Two and one-half percent (2�%) of the gross receipts of the utility shall be placed in an interest bearing renewal and replacement account for purposes of renewal and/or maintenance of the capital assets of the water system of the Utility. Additionally, the Utility shall initially fund said account with TWO THOUSAND ($2,000.00) DOLLARS which will also be reserved for capital maintenance items. Interest shall accumulate in said account until the account reaches $10,000.00; thereafter interest shall be paid to the Utility annually. Said funds shall be used as a sinking fund and applied only for repairs and/or replacement of the water 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. County is granted the right to JUN 15 198 3 aQo 5 PAct 839 Mai V) W z 0 W •- make necessary repairs using said funds in the event of default on the part of Utility in maintaining the quality standards established herein. In the event County exercises_ its rights under (2) or (4) above, said fund shall vest in County. In the event that the County purchases the corporation's utility system pursuant to the provisions of this franchise as stated above, then any funds in said renewal and replacement account shall vest in the County. SECTION XVII The Utility shall at all times maintain public liability and property damage insurance in such amounts as forth in Exhibit "C" attached hereto and incorporated herein by reference. The Utility shall cause County to be duly notified by the Insuror in the ;event of any modifications or deletions of the insurance as set forth in said Exhibit "C". Said amounts shall be adjusted by the 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 XVIII If any written complaint if 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 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; otherwise the Utility shall promptly comply with the order of the Board. SECTION XIX Should the Utility desire to establish rates and charges or should the Utility desire to increase any charges heretofore -14 M a 0 M 0 IL i U a W M 0 M W U1 0 f W m 0 LL W Z 0 I= M established and 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 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 Boards 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. SECTION XX 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 XXI 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 15 JUN 5 1983 BOOK $41 JUN �15 1983 Boa '5PAcf a 0 C 0 J LL I 0 a W M 0 M W 0 f W F 0 LL W W 2 0 damages of Fifty ($50.00) Dollars 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 of the Board's action by filing a petition for Writ of Certiorari in the Circuit Court of the County. SECTION XXII Nothing in this franchise shall prevent landowners from exercising their vested rights or 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 XXIII It is specifically agreed by and between the parties hereto that this franchise shall be considered a franchise agreement between Utility and 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. SECTION XXIV 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 XXV The franchise area is intended to be developed as a condominium development with a condominium association organized pursuant to Chapter 718, Florida Statutes. Anything herein to the contrary notwithstanding, the Board agrees that the Utility may assign this franchise to such association at any time after its formation, subject to such association agreeing to the terms and =16 M conditions hereof and pursuant to the public hearing requirements set forth under Section XII hereof. SECTION XXVI Upon the initial connection of any customer to the water system or upon the reconnection of any new customer to the water 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 rates set forth herein have been authorized pursuant to Indian River County Water Franchise Resolution No. 83-44 as amended. Said water 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 franchise is terminated and Indian River County commences to furnish water service to your property." SECTION XXVII If any word, sections, clause or -part of this resolution is held invalid, such portion shall be deemed a separate and independent part and the same shall not invalidate the remainder. IN WITNESS WHEREOF, the Board of County Commissioners of Indian River County, Florida has caused this franchise to be executed in the name of the County of Indian River by the Chairman of the Board of County Commissioners and its seal to be affixed and attested by its Clerk, all pursuant to the resolution of the Board of County Commissioners adopted on the 15th day of June , 1983. Signed, sealed and.delivered in the presence of: p i JUN 1 d 1983 COUNTY OF INDIAN RIVER, FLORIDA By Richard N. Bird, Chairman Board of County Commissioners ! `/I Attest: Clerk 17 5,94K, tl.J MAD ACCEPTANCE -OF FRANCHISE TAMARA GARDENS WATER COMPANY, 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 67(11" day of c_� - 1983. WITNESS: U TAMARA GARDENS WATER COMPANY , --Ilnl�r 1v L. %A By y President ' 7 STATE OF FLORIDA;,' COUNTY OF INDIAN RIVER • 88(Ihdgx"pgeP`" I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared Leonard J. Hatala as President of TAMARA GARDENS WATER COMPANY, a Florida corporation, and he acknowledged before me that he executed the foregoing instrument for the uses and purposes therein expressed. WITNESS my hand and official seal in the State and -County aforesaid this Cc-ffN day of 1983. My Commission expires: 18 a 0 0 1 i 0 4 W 0 W W W 0 W F- 0 4 Q! W Z 0 2 JUN 5 7983 EXHIBIT "A" The East 10 acres of the West 20 acres of Tract 10, Section 1, Township 33 South, Range 39 East, Indian River Farms Subdivision, as recorded in Plat Book 4, page 39, Public Records of Saint Lucie County, Florida, said land now lying and being in Indian River County, Florida. 19 nox 53 ?Act 845 1 8ODlf �� FAGS ��� JUN 15 1983 a 0 0 LL I U a W M 0 W tll 0 0 F a� R W F Ol 0 4 N W z 0 EXHIBIT "B" RATE SCHEDULE - DEPOSITS - SERVICE CHARGES I. Monthly Water Service Charges: Charge Up to 2,000 gallons per month: $27.00 For all usage over 2,000 gallons the charge per 1,000 gallons or part thereof is: $ 2.00 The minimum base rate charge per unit per month $27.00 II. Deposits and Service Charges: A. Security Deposit: A refundable deposit will be required of all new customers and reconnected units in the amount of $50.00 per unit. Said deposits will insure final payment of any bill. B. Service Charges: r 1. Reconnection Fees: A fee shall be charged for any reconnection after service has been discontinued. The amount of the fee shall be equal to 50% of minimum base rate charge multiplied by the number of months (or portions thereof) that the service was disconnected. _20 I M JAYCEES REQUEST PARTICIPATION WITH FIREWORKS Carl Fetzer, III, appeared representing the Vero Beach Jaycees and informed the Board that this year they are planning to participate with the Dodgers in their 4th of July fireworks display at Holman Stadium. The Dodgers only have about $3,500 for this purpose, and the Jaycees hope to be able to come up with about $7,500, which would provide a display lasting at least half an hour. The Jaycees would like to make use of this occasion to get community efforts back together and have an outward display of patriotism, but they are very short of funds. Mr. Fetzer continued that they have tried to raise funds through their organization and also have checked with the City of Vero Beach and _ various civic organizations. The City Council has agreed to donate $1,000 if the Jaycees can -get matching funds from the civic organizations, and they have had support from all the civic organizations they have contacted. Mr. Fetzer stated that the City feels if they donate and the county doesn't, it would represent a form of double taxation as they would be furnishing fireworks for everyone, and the Jaycees are requesting that the County support this project in the same amount as the City. Commissioner Scurlock stated that he hated to take an unpopular position, but he did not feel this is an opportune function for the county. He realized that $1,000 doesn't sound like a lot of money, but pointed out that this year we are faced with the possibility of having to eliminate some jobs. We have groups asking for funds such as Spouse Abuse, the Visiting Nurses Association, etc., and he did not know how we answer the question that we don't contribute to the Sebastian fireworks display. Commissioner Scurlock could not imagine that in a community of this size that people would not be willing to contribute as opposed to relying on 93 6909 ;,5,3 PnE M7 BOOK 3 PAa JUN 1983 � . government support. He stated that he would be happy to donate as an individual, but not as county government. Commissioner Lyons stated that he personally felt that government should help with a fourth of July celebration, but because the County itself does not have a specific location where we could say this is the County spot for fireworks, he did not feel we could do this unless we participated with all the municipalities equally. Since he could not solve the problem, Commissioner Lyons did not want to get involved in it at all, but stated he also would be glad to donate on an individual basis. Considerable discussion ensued as to alternatives which would enable the County to participate legally, and various accounts were suggested, including General Fund Contingency and the Recreation budget. Attorney Brandenburg stated that if the Commission declared this to be a public purpose, they could spend those funds on it just as we do an any recreation program. Community Services Director Thomas believed there are funds in the Recreation budget that could be used for this purpose. He noted that a change was made in our refuse and garbage collection set-up; we had some funds set aside to buy additional pick-up boxes, and they now will not be needed. Commissioner Scurlock continued to emphasize that we are at a point where we would have to take away from some other worthy program in order to contribute to this program, and Commissioner Bowman concurred that it would be best for the Jaycees to go directly to the public for individual donations. Commissioner Lyons again stated that before he could vote in support, he would have to be satisfied we have a mechanism for participation with all the communities, and the only possible solution he could see would be to work it out on a rotating basis yearly. 94 � � s � � r Commissioner Wodtke felt we could say this is a countywide display and determine where we want to place our funds as we do with recreation and the libraries. He felt when we do have a County fairground, that would be a suitable spot. Commissioner Scurlock agreed any fireworks display we support would have to be in a specific county location as we already get criticism from the communities in the North County, Sebastian, Gifford, etc.,.that we are not responsive to their needs. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Scurlock, to deny t the Jaycee's request for participation in their fireworks display on -the basis that we cannot find an equitable way to participate. Debate continued on the,fact that it had been indicated funds were available and it was a legal use, but Commissioner Scurlock pointed out that if we don't spend the funds that are available now, they will carry over to next year's budget where they are badly needed. THE CHAIRMAN CALLED FOR THE QUESTION. It was voted on and carried 3 to 2 with Commissioner Wodtke and Chairman Bird voting in opposition. The Board members made individual contributions to the Jaycees fireworks fund, which were collected by Mr. Fetzer. PERMISSION TO REPLACE SEBASTIAN AMBULANCES Commissioner Lyons reviewed the following request from Indian River County Volunteer Ambulance Squad: 95 JUS 15 -19 3 am 53 FAA49 r juN 1.5 1983 —qnakar Cre: founty (Ilo[unterm 4:ArrZGufance Zquad 1729 - 17TH AVENUE (7/Eao Sea;�,'Df'oiida - 3296o June 7, 1983 Richard Byrd Board of County Commissioners 1725 17th Avenue Vero Beach, Florida 32960 Dear Mr. Byrd: We would like to request permission to sell the City of Sebastian ambulances as negessary to.replace them with new units. County funds were used to purchase these ambulances. With the formation of a County -wide ambulance service under the direction of IRCVAS, this permission is necessary to expedite any purchases of new ambulances. Sincerely",( Victor H. Foster,Chief ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bowman, the Board unanimously granted permission to sell the City of Sebastian ambulances as requested. W RESIGNATION FROM LIBRARY ADVISORY BOARD Commissioner Lyons informed the Board that Dorothy Saunders has submitted her resignation from the Library Advisory Board and he would like to send her a letter of thanks for her services. He continued that Genevieve Bradley has indicated interest in filling the vacancy left by Mrs—Saunders. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously accepted the resignation of Dorothy Saunders from the Library Advisory Board; instructed that � � s she be sent a letter of appreciation; and ap- pointed Genevieve Bradley to fill the position on the Library Advisory Board vacated by Mrs. Saunders. COMMITTEE MEETINGS Commissioner Bowman reported that a meeting of the Hutchinson Island Ad Hoc Study Committee will be held Friday, June 17th at 1:30 P.M. in -the Commission Conference Room. Commissioner Lyons reported that a committee to study protection of the grass flats in the river will have its first meeting on June 20th at 4:00 P.M. in the Commission Conference Room. CONTRACT FOR SALE OF PROPERTY TO HUMANE SOCIETY Attorney Brandenburg informed the Board that he and Attorney Wayne McDonough have talked on the phone and resolved a couple of minor items which he would like to review. The first is that the County, within 30 days of signing of this agreement, will have to obtain a title guaranty commitment. He noted that this involves a small expense to the county, about $300, which the county may possibly lose should the Humane Society not move ahead and fulfill the contract. In addition, Section 8 (a) should be changed to read "zoning and/or restrictions and prohibitions imposed by governmental authority." Attorney McDonough explained that what the Humane Society is concerned about is that there be no additional provisions after this agreement is signed; in other words, no strings attached that they do not anticipate. Attorney Brandenburg emphasized that the Humane Society will, of course, have to go through Site Plan Approval and will be treated just like everyone else. 97 JUN 15 1983 59OX % pAc . JUN 15 1993 Attorney McDonough stated that they do not expect preferential treatment; they just do not want to be facing any additional restrictions not talked about today. Attorney Brandenburg then reported Section 9, B, deal- ing with the testing and approval of the site by applicable governmental agencies should be redesignated as (2), and the next sentence "This agreement shall be subject to approval by said agencies." should be deleted. The next paragraph should be redesignated Paragraph B and the part that is in the parenthetical shall include the wording ".......and pay all impact fees and charges normally charged by the County to private users of the system, i.e. the most favorable standard charges." The Attorney noted that although he indicated there is only one rate schedule, the Society apparently feels more comfortable with this wording. Attorney Brandenburg next explained that Paragraph 9 D (1) (b) has been reworded slightly to provide that the property would automatically revert "should the Humane Society of Vero Beach, Florida, Inc., accept a fee for medical services or boarding from an owner who has not relinquished ownership to the Society. This provision shall not apply to strays." ON MOTION by Commissioner Lyons, SECONDED by Commissioner -Scurlock, the Board unanimously adopted Resolution 83-45, authorizing the Chairman to execute the Contract for the Sale and Purchase of Real Property with the Humane Society, as modified verbally by the Attorneys. Attorney McDonough noted that it is required that the contract be executed by June 6th, and Attorney Brandenburg stated that when the contract is modified as above, we can change the time of acceptance. O 11 RESOLUTION NO. 83-45 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, AUTHORIZING THE CHAIRMAN OF THE BOARD TO EXECUTE A SALES AND PURCHASE AGREEMENT SELLING FIVE ACRES OF COUNTY LAND TO THE HUMANE SOCIETY OF VERO BEACH, FLORIDA, INC.. WHEREAS, the Board of County Commissioners of Indian River County has received a request from the Humane Society of Vero Beach, Florida, Inc. to purchase five (5) acres of County property along South Gifford Road to be used by the non-profit corporation for Humane Society purposes, and WHEREAS, Indian River County has determined that the proposed site is not needed for County -purposes and can best be utilized by the Humane Society of Vero Beach, Florida, Inc. for purposes that are in the public's benefit, community interest and welfare, and WHEREAS, the terms of the agreement are set forth in the Sale and Purchase Agreement attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that: 1. The County Commission finds and determines pursuant to Florida Statutes §125.38 that the uses intended to be estab- lished by the Humane Society of Vero Beach, Florida, Inc. are in the public's benefit, community interest and welfare, and= 2. That the Chairman of the Board of County Commissioners and Clerk are authorized to execute the attached sales and purchase agreement, and the County Attorney is further authorized to take all necessary actions to close on the property and present deeds in accordance with the attached agreement for execution by the Chairman of the County Commission. 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 ow 53: PAGE 853 JUN15 1-983 s K 3 Face 854 The Chairman thereupon declared the resolution duly passed and adopted this 15th 'day of June , 1983. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By RICHARD N. BIRD Chairman Attest: FREDA WRIGHT Clerk APPROVED TO W AND LE SI ,V Y By, ty Atto 100 CONTRACT FOR THE SALE AND PURCHASE OF REAL PROPERTY NOTE: THIS IS A LEGALLY BINDING CONTRACT, IF NOT FULLY UNDERSTOOD, SEER LEGAL ADVICE. INDIAN RIVER COUNTY, a political subdivision of the State of Florida, hereinafter called the "Seller," and the HUMANE SOCIETY OF VERO BEACH, FLORIDA, INC., hereinafter called the "Buyer," hereby agree that the respective Seller shall sell and the Buyer shall buy from the Seller the following described property upon the terms and conditions hereinafter set forth, which shall include the standards for real estate transactions set forth as Exhibit "A" to this contract. 1. Legal description of real estate located in Indian River County, Florida; (a) An approximately 5 acre parcel of property located along South Gifford Road more particularly described -as; North 660 feet of the East 10 acres of Tract 10, Section 28, Township 32 South, Range 39 East, according to the last general plat of lands of Indian River Farms Company filed in the Office of the Clerk of the Circuit Court of St. Lucie County, Florida in Plat Book 2, Page 25; all being situated in Indian River County, Florida. 2. Purchase Price. Buyer shall pay to Seller at closing the sum of TEN THOUSAND DOLLARS ($10,000.00), or such greater or lesser amount as may be necessary to complete payment of the purchase price after credits, adjustments and proxations, said payment to be by cash or cashier's check at closing. 3. Time for Acceptance. If this contract is not executed by Seller and Buyer on or before June 30, 1983, then this agreement shall be null and void. The date of contract, for purpose of performance, shall be regarded as the date when the last one of the Seller and Buyer has signed this contract. 4. Closing Date. This contract shall be closed and the deed and possession shall be delivered on or before 30 days after satisfaction of the last contingency set forth in Paragraph 9 hereof. 5. Prorations. Taxes, rents and other expenses and revenue of said property shall be prorated as of the date of clos- ing. -1- JUN 15 1983 6.Q% 53 PAcE 855 r JUN 15 1993 5.3 6. Evidence of Title. Within thirty (30) days from the date of execution of this agreement by both parties, the Seller at its expense, deliver to the Buyer in accordance with Standard A of Exhibit "A" hereof a title guaranty commitment. 7. Conveyance. Seller shall convey title to the afore- said property to Buyer by statutory County deed provided for in Chapter 125, Florida Statutes, subject to provisions contained herein and a proration of taxes. 8. Restrictions and Easements. -The Buyer shall take title subject to (a) zoning and/or restrictions and prohibitions imposed by governmental authority. (b) restrictions and matters appearing on the plat and/or common to the subdivision. (c)' public utility easements of record, provided said easements are located adjacent to the boundary lines of the property and are not more than ten (10') feet in width. 9. Special Clause. A. This contract is contingent upon the Buyer at their expense, satisfying the following contingencies within six (6) months; (1) Buyer,obtaining site plan approval satisfactory to allow the project to proceed as planned by Buyer. (2) The testing and approval of the site by appli- cable governmental agencies. B. Seller shall construct a water line at its sole expense to bring a source of water to a point directly across the street from the subject property. (Buyer shall have the obligation to bring water under the road and pay all impact fees and charges normally charged by the County to private users of the system, i.e. the most favorable standard charges.) C. Right of First Refusal. This purchase agreement and subsequent deed shall be subject to the following right of first refusal; in the event the Humane Society ever desires to sell the property that is the subject of this contract, the County shall have the right of first refusal to purchase the property for the sum of TEN THOUSAND DOLLARS ($10,000.00) plus the appraised value for all improvements situated on the property, excluding the fair market value of any improvements made upon the subject property to the extent such improvements were paid for by the County. D. Reverter Clause. This agreement and the deed given hereunder shall be subject to the following reverter provisions subject to paragraph 9.C.: (1) The property conveyed hereunder shall automatically revert to the ownership of Indian River County, a political subdivision of the State of Florida upon the happening of either of the following events; (a) Should the Humane Society of Vero Beach, Florida, Inc., ever be dissolved under the laws of the State of Florida, or (b) Should the Humane Society of Vero Beach, Florida, Inc., accept a fee for medical services or boarding from an owner who has not relinquished ownership to the Society. This provision shall not apply to strays. E. Easements. Indian River County shall grant to Buyer easements for ingress and egress to the subject parcel provided such easements do not interfere with the reasonable use of the adjoining property by the County. 10. Assignability. This contract is not assignable. 11. Contract Recordable. The parties agree that this agreement may be recorded in the Public Records of Indian River County, Florida, at the expense of the recording party. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed in their respective names, on the date set -3- 53 Pacf 85 JUN 15 1983 forth beneath their signatures. Date:. ,QV4j-P, 15 - Witness Wit ss Date,: I Witness,,.,.I l " wit BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY RICHARD BIRD, Chairman Attest: kWAl*h^ )A I 1, FREDA WRIGHT, (aerk )QM Pe. HUMANE SOCIETY OF VERO BEACH, FLOPJDA, INC. By: U CHRISTINI� FLf Pres id IF ATTEST: P/ lie -4 Secretary samommomem '+ C _BIT -A" - • r STANDARDS FOR REAL ESTATE TRANSAt, LIONS A. EVIDENCE OF TITLE: (I) A complete abstract of title prepared by a reputable abstract firm purporting to he an accurate evnntris of the institutorn aHectuatt the .freta to that real propery recorded in public records of that county to the date of this contract. showing in the seller a marketable title in accordance with tit standards adopted (firm time to time by the Florida 'Bar, or the local Bar Association, subject only to lierusI6 entuanhmnce. exceptions or qualifications met forth in this Contra, and those sell" shall be discharged by seller at or before closing; (2) a title guarantee commitment issued by a qualified title insurer agreeing to reale to the buyer, upon tl rwotdurg of the deed to buyer. an owner guarantee in the amount of the purchase price unsunng the title of the buyer to that real property, sAli,=, on to liens, wuettmbtarteea, exceptions or qualification art forth in this contract and those which &bail be discharged by seller at or before closing. Buyer shall have 30 ..... "Vit it abstract, or 15 ..... days if title guarantee commitment, from the date of receiving the evidence of title to examine same. If title is foul to be defective, the buyer &hail, within said period notify the seller in writing specifying the detects. If the said defects render the title. unmarketable, the seller all., have 120 ...... days from the receipt of such notice to cure the defects. and shall use due diligence to do no; but if after said time has expired, said defects are n cured. Buyer, upon request shall have an additional 120 ...... dave to cure said defects, and Ills reasonable costs and fees incurred thereby shall be paid by seller. Buyer clue& not Rare said defects within said additional time period. then Witter shall have the option: (1) accepting the title as it then in, or (2) demanding a refund SH Morisse ped hereunder which shall forthwith be returned to the buyer, and thereupon the brayer and seller shell be released of all further obligations under this contras B. EXISTING MORTGAGES: The' Seller shall obtain and furnish a statement from the mortgagee setting forth the principal balance, method of payment, intern sista and whether the mortgage is in good standing. If there is a charge for the change of ownership records by the mortgagee, it shall be borne by the Buyer. In 0 avant the sinartgagse dose not accept the Buyer for purposes of assuming the sainting mortgage encumbering the subject property, where the mortgage inatrumant r quires such acceptance, then and in that event, the Buyer at his option may cancel the Contract end all monies paid on the purchase price shall be refunded to ht and the parties shall be released (Tom all further obligations Any variance in the amount of a mortgage to be assumed from the amount stated in the Contract :hr be added to or deducted from the cash payment or the purchase money mortgage, as flat Buyer may elect C. PURCHASE MONEY MORTGAGES: Any purchase rmmey note and mortgage shall follow the foams generally accepted and used in the county where tho Ian Is located. A purohass money mortgage shall provide for insurance against low by fico with extended coverage in an amount not low than the full insurable vela of the improvements. In a first mortgage, the note and mortgage shall provide for acceleration. at the option of the holder, after thirty (90) days default and in a recon mortgage after 15 .. days default. Second mortgages shall require the owner of the property encumbered by said mortrare to keen all after liens and encun brances in good vending and forbad the owner of the property from adcepting modifications of, or future advances under. a prior mortgage. Buyer shall have the rig: to prepay all or any part of the principal at any time or limes with interest to date of payment without penalty and said payments shall apply against the princip, amounts text maturing. In the event Buyer executes a mortgage to one other than the Seller, all Costs and charggs incidental thereto shell be paid by the Buyer. D. SURVEY: The Buyer. within the time allowed for delivery of evidence of title and examination thereof, may have said property surveyed at his expense. It ti- survey hsurvey shows any encroachment on said property or that the improvements intended to be located on the subject property in tact encroach on the lands of others, s violate any of the covenants herein, the same shall be treated as a title defect )Iv TERMITE INSPECTION: Prior to closing, at Buyers expense, the Buyer shall have the right to have the property Inspected by s licensed exterminating ran Perry to determine whether there is any active termite or wood -destroying organism present in any improvements on said property, or any damage from pre termite or wood destroying organism to said improvements. If there is any such infestation or damage, the Seller shall pay all costs of treatment and repaint and/or replacing all portions of said improvements which are infested or have been damaged; provided, however, in the event the cost to be incurred is more tha three percont 43%) of the purchase price, then either party may cancel the contract within ten (10) days of receipt of the termite inspection report and cwt ectimat for effecting oxtertainatiots and necessary repsirs, by giving written notice to the other party. F. INSURANCE: The premium on any hazard insurance policy in fares covering improvements on the subject property, shall be prorated between the pnive or the policy may cancelled as the Buyer may elect If insurance is to be prorated the Seiler shall, on or before closing date, furnish to the Buyer all inmrrr.a Policies or copies thereof. Li. LEASES: The Sellgr shall, prior to closing, furnish the Buyer copies of all written leases and, if there are any persons in poommion without written Ieae=3, catopp, letters from each tenant specifying the nature and duration ofi�said tenant's occupancy, rental rate, advance rents or security deposits paid by tenant In the event Salle is unable to obtain said ntoppel letters from tenants, the same infortnativa may be furnished by seller to Buyer in the form of a Sellers Affidavit H. MECHANICS LIENS: Seller shall furnish to the buyer an a9[dsyit that there have been no improvements to the subject property for 90 days iminctliatol preceding the date of closing. It the subject property has been impish within 90 days immediately preceding the closing date, the seller shall deliver relearn or rmiye uI all medaaara liens executed by general contractors, subcontractors, suppliers or material en and a seller's mechanics lien affidavit L PLACE OF CLOSING: Closint shall be held at the alike of tin seller's attorney or as otherwise agreed upon. .e. DOLVtagEN'fo FOR C LOSIItO: 4ellc:'e aotar;r7 M attar r m-extcam' I...;7at: E : ' sa , �: iz �� -'l - as: Euyer'e attenssy al" prepare the purchase money nate and mcrtgaiis. Copier; of all such doestmwts skean be submitted io the oche: rartP'e attatneir at lstr:# 2 tby prior to the closing date. Copies shall aloe be fuunuthad to participating Broken upon tvquest. IC. EXPENSES: State surtax and documentary stamps required on deed, costs of recording any correcting instruments and the cost of recording the purchase crone• mortgage shalt be paid by. the seller. Doeurnentary stamps to be tallied to the note or notes secured by the purchase money mortgage, intangible tax on mortgage, and th cost of recording the deed shalt he paid by the buyer. L PRORATION OF TAXES (REAL AND PERSONAL): Taxes shall be prorated based upon the current year's tax without regard to discount. Ii the closing take piaci and the current years taxes are not fixed, and the current years assessment is Available, taxes will he prorated based upon such assessment and the prat year atiflage. If the Current year's assessment is not available, then taxes will be prorated on the prior year's tax, provided, however, if there is completed improvcune, d the subject promises by January 1 of the year of closing. then the taxes shell be prorated to the date of closing based upon the prior year's millage and an equitab• assessment to .be agreed upon between the parties, taking into consideration Homestead Exemption, if any. However, any tax proration based on an estimate mal : the request of either party to the transaction, be subsequently readjusted upon receipt of tax bill, if a statement to that effect is set forth in the closing statement. W SPECIAL ASSESSMENT LIENS: Certified. confirmed or ratified assessment liens an of the date of closing (and not as of thWdate of the contract) arc. tr. i paid by the seller. Pending liens as of the date of closing shall be assumed by the buyer, provided, however, that where the imptovntent has been substantially cot pleted as of the date of the contract, such pending liens shall be considered as certified, confirmed or ratified and the seller shall at closing be charged an amou equal to the last estimate by the public body 01 the assessment for the improvement N. PERSONAL PROPERTY: The Seller represents and warrants that all major appliances and machinery included in the sale shall be in good working order a repair as of the date of closing. Buyer may, at his sole expense and on reasonable notice, inspect or cause an inspection to he made of the appliances and equipmt involved prior to closing. Any necessary repairs shall he made at the Cost of the Seller and, if appropriate, adequate funds shall he escrowed at time of clo`inc effort slack repairs. Unless otherwise agreed by the parties, the Buyer shall, by proceeding to closing, be deemed to have accepted the property as is O. RISK OF LOSS: If the improvements are damaged by fire or other casualty before delivery of the deed and can be restored to substantially the some Condit, as now existing within a period of sixty (60) days thereafter; Seller may restore the improvements and the closing date and date of delivery of possession hereinbeft provided shall be extended accordingly. If ' tier fails to do so, the Buyer shall have the option of (1) taking the property as is, together with insurance proceeds, it at or (2) cancelling. the contract and all depos. will be forthwith returned to the Buyer and the parties shall be released of any further liability hereunder. P. MAINTENANCE: Between the date of the contract and the date of closing, the property, including lawn, shrubbery and pool, if any, shall he maintain by the Seller in the condition as it existed as of the date of the contract, ordinary wear and tear excepted Q. PRLk.EEDS 01' SALE AND CLOSING PPOC:EDUP.E: The Seller Anil he cntitlnd to r.rrivw the net proceeds of the sale at time of closing, except ir cat where mortgagee requires title clearance before disbursing funds, in which event Seller shill he entitled to payment upon receipt of fun.lc from mortgagee. Payment sh be made in the fort of cash, cashier's check, certtlied check, attorney's trust account check, or real estate broker's trust account check. All professional service fees shall disbursed in full at the time of closing. R. ATTORNEY FEES AND rOSTS: In connection with any litigation arising out of this contract, the prevailing .party shall he entitled to recover all costs incurn including, reasonable attorney's fees. S. DEFAULT: If Buyer fails to perform any of the covenants of this contract, all money paid pursuant In this contract by the nuver shut[ he retained by or I the account of the Seller as considerahnn for the execution of chis contract. and :n agreed and hyuxlalont damaxer and in full settlement of Inv claims for dams¢ If he Seller fads to perform any of the covenants of this contract, al[ money paid pursuant to this contract by the Buyer. at the option of the Buyer, shall be return to the Buyer on demand, or the Buyer shall have only the right of specific performance. T. CONTRACT NOT RECORDABLE: This contract or any reference thereto shall not lie recorded in the office of the Clerk of any Circuit Court of the State of Flan U. PERSONS BOUND: This contract shell bind and benefit the parties hereto, then heirs, personal representatives, sueresaors and assigns tailless prove herein that that Contract in not assignable). V. OTHER AGREEMENTS: No agreements or representations, unless incorporated in this enntract. +hall be binding upon anv of the parties. Typewritten or hat written provisions inserted in this form or attached hereto as addendums shall control all printed pmv,sauns in conduct therewith. The covenants of this contract si. survive delivery of the deed and possession. W. MAILING TiME OF ESSENCE: Time may he made the essence a( this contract by notice in writing to the Last known addrese of the other party or attorney, stipu(ating.a reasonable time for further performance. BOOK'- JUN 1 �9�3� �.:_,. - : PACE 859 JUN 15 DOCUMENTS TO BE MADE A PART OF THE MINUTES Ordinance 83-14 (Fire Code) having been reviewed by the Fire Districts, is hereby made a part of the Minutes as approved at the Meeting of April 6, 1983. 106 ORDINANCE NO. 83-14 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ADOPTING THE FIRE PREVENTION CODE, 1976 EDITION; THE NATIONAL FIRE PROTECTION ASSOCIATION LIFE SAFETY CODE PAMPHLET "101", 1981 EDITION; THE NATIONAL FIRE PROTECTION ASSOCIATION STANDARD FOR THE STORAGE AND HANDLING OF LIQUIFIED PETROLEUM GASES (NEPA "54", 1980 EDITION AND "5811, 1983 EDITION); STATE FIRE MARSHAL'S RULES AND REGULATIONS OF FLORIDA; AND THE STANDARD FIRE CODE, 1982 EDITION. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THE BOARD OF FIRE COMMISSIONERS OF THE NORTH INDIAN RIVER COUNTY FIRE PROTECTION DISTRICT, THE WEST INDIAN RIVER COUNTY FIRE PROTECTION MUNICIPAL SERVICE TAXING UNIT, AND THE BOARD OF FIRE COMMISSIONERS OF THE SOUTH INDIAN RIVER COUNTY FIRE DISTRICT that; SECTION 1 Indian River County Ordinance No. 78-14, appearing as Article IX Section 4-110 - 4-114 of the Code of Laws and Ordinances of Indian River County, is hereby repealed in its entirety and the following sections are adopted in its place. CV0MTnW 7 ADOPTION OF FIRE PREVENTION CODE Indian River County and the respective Fire Districts in Indian River County hereby adopt the following codes for the purpose of prescribing rules and regulations governing conditions that could cause a potential hazard to fire and property; A. The Fire Prevention Code, 1976 Edition recommended by the American Insurance Association, as amended. B. The National Fire Protection Association, Life Safety Code, pamphlet '101" 1981 Edition. C. National Fire Protection Association, Standard for the Storage and Handling of Liquified Petroleum Gases (NFPA "5411, 1980 Edition and "58", 1983 Edition). D. The State Fire Marshal's Rules and Regulations of Florida, promulgated by the Division of State Fire Marshal. E. The Standard Fire Code, 1982 Edition with 1983 Amendments thereto, promulgated by the Southern Building Code -1- JUN 15 '1933 !►OOK 53 PA'a 8 `JUN ,1 1983 Boot`' Congress International Inc.. These codes are adopted by reference as if fully set forth herein. Not less than three (3) copies of each code shall be filed in the Office of the Clerk of the Circuit Court of Indian River County for reference. SECTION 3 INTERPRETATION OF CODES The codes adopted by this ordinance shall be interpreted whenever possible to avoid conflicts among the code requirements. When two (2) codes apply to the same situation, the respective codes will be construed to be cumulative in their requirements unless such construction creates a conflict, in which case the stricter requirement shall apply. SECTION 4 Y APPLICABILITY These codes shall be effective and enforced throughout Indian River County and shall be applicable within the municipali- ties except to the extent and until the respective municipalities adopt differing fire prevention requirements by ordinance. SECTION 5 ENFORCEMENT A. The codes adopted by this ordinance shall be enforced by the fire chiefs of the various fire districts in Indian River County. The fire chief of the district shall control and supervise all fire prevention activities within the district. B. Whenever the fire chief shall find any dangerous or hazardous condition or material, he shall in writing order the situation to be corrected listing the code provisions that are violated and indicating what corrective measures are necessary. Thereafter, the fire chief may utilize the procedures and remedies available through the Indian River County Code Enforcement Board. The utilization of the Code Enforcement Board shall supplement all other enforcement procedures available to the fire chief. SECTION 6 APPEALS Any person who is directly affected by any interpretation of any provision of these fire prevention codes may file an appeal of the interpretation of the code to the Indian River County Building Code Board of Adjustments and Appeals by filing a notice in writing of such appeal with the Chairman of the Board within fifteen (15) days of the rendering of the disputed decision. SECTION 7 PENALTIES Any violation of the provisions of these codes or the ; interpretation of the fire chief shall be subject to punishment by a fine not to exceed FIVE HUNDRED DOLLARS ($500.00), or by impris- onment 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 correct the violation by the Fire Department shall constitute a separate offense. SECTION 8 INCORPORATION IN CODE The provisions of this Ordinance shall be incorporated into the County Code and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intentions. SECTION 9 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 10 EFFECTIVE DATE The provisions of this ordinance shall become effective upon receipt from the Florida Secretary of State of official acknowledgment that this ordinance has been filed with the Department of State. -3- BOOK JUN 15 1983 JUM 15 198 3 Approved and adopted by the Board of County Commissioners of Indian River County, Florida on this 6th day of April, 1983. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY -----1 J. ,,��ER' By_ ZG� ' C RICHARD N. BIRD Chairman Acknowledgment by the Department -of State of the State of Florida this 27th day of June , 1983. Effective Date: Acknowledgment froT the Department of Stjt( received on this 6th day of my_, 1983, at 000 A M./P.M. and filed in the Office of the Clerk of the Board of County Commissioners of Indian River County, Florida. APPROVEDS TO FORM AND LEGAL S,ICI NCY. By," AMY M. BRANDENBU , County Attorney 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. 86333 - 86523 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 3:05 o'clock P.M. Attest: Clerk 110 Chairman