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HomeMy WebLinkAbout7/25/1984Wednesday, July 25, 1984 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, July 25, 1984, at 9:00 o'clock A.M. Present were Don C. Scurlock, Jr., Chairman; Patrick B. Lyons, Vice Chairman; Margaret C. Bowman; Richard N. Bird; and William C. Wodtke, Jr. Also present were Michael J. Wright, County Administrator; Gary Brandenburg, Attorney to the Board of County Commissioners; Jeffrey K. Barton, OMB Director; and Barbara Bonnah, Deputy Clerk. The Chairman called the meeting to order and Administrator Wright led the Pledge of Allegiance to the Flag. ADDITIONS TO THE AGENDA Chairman Scurlock requested the deletion from today's Agenda of Item 16-A, Resolution Establishing Economic Development Committee, as the resolution has not been completed. Chairman Scurlock requested the deletion from today's Agenda of Item 7, Filing Fee for Property Appraisal Adjustment Board, due to the fact that no backup material was submitted. Administrator Wright requested the deletion from today's Agenda of Item 8-A, Public Hearing on County -initiated Request to Rezone 12.41 Acres from C-1, Commercial District, to A, Agricultural District, due to the fact that the hearing was improperly advertised. JUL 25 1984 BOOK 57 PAGE 769 _I JUL BOOK ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously deleted the above items from today's Agenda. 57 F SEL 70 Administrator Wright requested the addition to today's Agenda of a discussion re the purchase of grass seed for the fairgrounds site. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously added the above item to today's Agenda. APPROVAL OF MINUTES The Chairman asked if there were any additions or corrections to the Minutes of the Special Meeting of July 10, 1984. There were none. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously approved the Minutes of the Special Meeting of July 10, 1984, as written. CLERK TO THE BOARD A. Approval of New Applications for a Permit to Carry A Concealed Firearm The Board reviewed the following memo dated 7/12/84: 2 TO: The Honorable Members of DATE: July 12, 1984 FILE: the Board of County Commissioners SUBJECT: PISTOL PERMITS - NEW FROM: Michael Wright County Administrator REFERENCES: The following individuals have applied to the Clerk's Office for a new pistol permit: Donald Bruce Seymour Vincent J. Voplatel All requirements of Ordinance 82-27 have been met and are in order. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously issued a permit to carry a concealed firearm to the following persons: Donald Bruce Seymour Vincent J. Voplatel CONSENT AGENDA Commissioner Wodtke asked that Items A & C be removed from the Consent Agenda at this time and Chairman Scurlock asked that Item D be removed also. B. Budget Amendment - Insurance Proceeds The Board reviewed the following memo dated 7/16/84: TO: Board of County Commissioners DATE: July 16, 1984 FILE: SUBJECT: Insurance Proceeds FROM: Jeffrey K. Barton, K EFERENCES: 0 M B Director The following budget amendment is to record the revenue and expense for the in- surance claims submitted for lightning damage to the Ambulance Squad Antenna System. Acoount Title Account # Inc. Dec. Insurance Proceeds 001-000-364 -42.00 1,708 Other Comm. Services 001-220-519-34.19 1,708 3 JUL 2 Tj aooK 57 PacE 771 L_ JUL 25 1984 BOOK 57 PACE 772 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the above budget amendment, as recommended by OMB Director Jeff Barton. E. Approval of Application for Community Services Trust Fund for Council on Aging and Vocational Training Worksho ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously adopted Resolution 84-51, approving the Application for Community Services Trust Fund for the Council on Aging and Vocational Training Workshop. SAID APPLICATION IS ON FILE IN THE OFFICE OF THE CLERK 4 RESOLUTION NO. 84-51 A RESOLUTION AUTHORIZING AND -DIRECTING THE CHAIRMAN OF THE BOARD OF COUNTY COMMISSIONERS, INDIAN RIVER COUNTY, FLORIDA, TO SIGN AN AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS UNDER THE FLORIDA FINANCIAL ASSISTANCE FOR COMMUNITY SERVICES ACT. IT IS HEREBY RESOLVED BY THE COUNTY OF INDIAN RIVER, FLORIDA, AS FOLLOWS: Section I. That the Chairman is hereby authorized and directed to sign in the name and on behalf of the Board of County Commissioners an Agreement between the Florida Department of Community Affairs and Indian River County, under the Florida. - Financial Assistance for Community Services Act, as per copy attached hereto and made part hereof. Section II. That all funds necessary to meet the contract obligations of the County and its delegate agencies -(if applicable) with the Department have been appropriated, and said funds are unexpended and unencumbered and are available for payment as prescribed in the contract. The County shall be responsible for the funds for the local share notwithstanding the fact that all or part of the local share is to be met or contributed by other sources, i.e., contributions, other agencies or organization funds. PASSED AND ADOPTED THE 25th DAY OF JULY, 1984. 1 ATTEST:Jj1 % 1Freda Wright "Ci ADDroved as to form and legal su EM 5 BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, FLORIDA BY C Don C. S r ock, Jr Chairman JUL 25 1984 _ BOOK 57 Face 773 I � JUL 25 19 _ 84 BOOK 57 F�..,E 77 F. Extension of Breezy Village Sewer & Water Company Franchise The Board reviewed the following memo dated 7/16/84: TO: The Honorable Members of DATE: July 16, 1984 FILE: the Board of County Commi sinners THROUGH: Terrrr -GPinto Utility Services DirecBJ ECT: BREEZY VILLAGE SEWER AND WATER COMPANY FROM: Joyce S. HamiltonW REFERENCES: A) Henderson Letter 7/11/84 Franchise Administr for Utility Services DESCRIPTION AND CONDITIONS: On May 2, 1984, the Board instructed the Utility staff to make the necessary investigation of the information presented at the public hearing held that date and come back with a proposed Order. As requested by the Board, applicant's attorney and.certi- fied public accountant and the Breezy Village Property Owners Association have all added their input to this process. ALTERNATIVES AND ANALYSES: Due to the fact that ninety (90) days are approaching since the date the Board issued its instructions, staff was anxious to finalize this case and advised the applicant of same. We received notice from applicant's attorney, Mr. Steve Henderson, requesting the time limit for final action on the rate increase be extended for at least sixty (60) days (Exhibit "A"). Mr. Sylvester Strang, representative of Breezy Village Property Owners Association, was contacted and he advised the Association has no objections to this extension as they had originally re- quested that the Order not be issued until January, 1985. In response to Mr. Henderson's concerns that an "add on" of the renewal and replacement charge to customer bills be a part of the resolution, it is staff's opinion that it is un- necessary to include this in the language of the resolution. It is applicant's option whether or not to add the fee to the monthly bill. RECOMMENDATION: Staff recommends the Board approve the applicant's request for a sixty (60) day extension. 2 ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously approved the applicant's request for a 60 -day extension of their franchise, as recommended by staff. A. Reports Received and placed on file in the Office of the Clerk: Traffic Violation Bureau - Special Trust Fund June, 1984 -- $33,868.20 Traffic Violations by Name - June, 1984 Commissioner Wodtke wished to know whether the funds anticipated from collection of animal control fees were considered as anticipated revenue in next year's budget, and Administrator Wright confirmed that they were. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously received the above reports to be placed on file in the Office of the Clerk. C. Budget Amendment - Consulting Fees The Board reviewed the following memo dated 7/18/84: TO: Board of County Commissioners DATE: July 18, 1984 FILE: C*---) FROM: Jeffrey K. Barton, OMB Director SUBJECT: Consulting Fees REFERENCES: The following budget amendment is to allocate: the funds to pay our portion of cable communications consulting services. Account Title Account No.- Increase —Decrease Other Prof. Services 004-110.519-33.19 19,450 Reserve for Contingencies 004-199-513-99.91 Balance in Reserve 7/10/84 $217,888 7 19,450 JUL 25 1984 300K 57 Pr9uE 775 I AUL - � 5 1984 BOOK 57 PAGE 776 fee. Commissioner Wodtke questioned the $19,450 consultant's Administrator explained that the City and the County are paying $15,000 apiece for the original Florida Cable study, and the County agreed to pay an additional $4,500 for some special work at Jones Intercable. Chairman Scurlock felt that the money should be coming out of the Utilities instead of the reserve for contingencies because that department has a tremendously good cash flow situation. Administrator Wright pointed out that Utilities has been totally funding the expense side and never receiving any of the revenues. He explained that we are dealing with some $850,000 in franchise monies which can be put either into the Utilities Dept. or the MSTU, and from a budgetary standpoint, he felt we would be in a better situation if the monies were put into the MSTU because it would keep the costs from mixing in with all of the other utility matters. Chairman Scurlock understood that there soon will be a separate franchise department set up, and then all franchise fees that are generated will go into that account, and any expenses incurred from operating the franchises will come out of that account. OMB Director Barton strongly recommended that the revenue fees be put into the MSTU which generates those fees, but the Commissioners were reluctant to have the revenues going into the MSTU as they tend to get lost in there and wished to have the monies go into the Utilities fund instead. Director Barton did not feel that it could be set up as an enterprise situation because there are $850,000 worth of franchise fees out there that would be going into a department budgeted at $60,000, which would leave a large 8 M excess. He noted that in the past, we have used the excess money to fund other MSTU operations. Commissioner Wodtke wanted to be assured that the consultant's fee would be paid out of the same account that the franchise fees are in. Chairman Scurlock emphasized that the franchise monies must be trackable, and Director Barton explained again that is exactly what they are doing and that is why they are recommending that the revenues go into the MSTU. Otherwise the monies get lost when transferred around. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Bird, the Board unanimously approved the above budget amendment, as recommended by OMB Director Jeff Barton. D. Budget Amendment - Housing Authority The Board reviewed the following memos dated 7/17/84: TO: Board of County Commissioners DATE: July 17, 1984 FILE: SUBJECT: TRC Housing Authority FROM:Jeffrey K. Barton, REFERENCES: OMB Director The following reflects the entries necessary to record the budget amendment requested by Mr. Regan per the attached memo regarding the Department of Community Affairs Contract 84 -BG -58-10-40-04466. Account Title Account No. Increase Decrease Dept. Comm Affairs-CSBG 107400,334-54.00 6,295 Regular Salaries 107426,-554-11.12 5,200 Social Security 107-226-554-12.1.1 364 Retirement 107-226-554-12.12 569 Ins. Life/Health 107-226-554-12.13 162 9 JUL 25 1984 BOOK �� Ft,;E777 JUL 25 1984 B00!( 57 FACE 77® Chairman Scurlock stated that he asked for the removal of this item for discussion because it appears to be a salary matter. OMB Director Barton explained that the Board approved $4,000 for application of a Community Development Block Grant and staff submitted two grant requests. We did not receive the Community Development Block Grant, but did receive a grant for renovation of substandard housing. With that grant was money to pay salaries for the supervision of the work to be done. The Commission accepted the grant, and this is just the accounting of the money for the person hired to supervise the work. Chairman Scurlock thought that when we went through the whole salary issue, the Commission had understood that particular activity was going to follow the same salary rates as the rest of the County employees, who received a 2% pay raise last year. Chairman Scurlock asked if the employee hired to supervise this work was authorized, and Director Barton stated that the Commission authorized it when they approved the application for the Community Block Grant Program. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously approved the above budget amendment, as recommended by OMB Director Jeff Barton. PUBLIC HEARING - COUNTY INITIATED REQUEST TO REZONE 12.41 ACRES FROM C-1, COMMERCIAL DISTRICT, TO AGRICULTURAL DISTRICT The hour of 9:15 o'clock A.M. having passed, the Deputy Clerk read the following Notice with Proof of Publication attached, to wit: 10 0 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 oat says that he is Business Manager of the Vero Beach Press -Journal, a daily newspaper publishe at Vero Beach in Indian River County, Florida; that the attached copy of advertisement, bein aGLGI in the matter of }n the-' �1 Court, was pu lished in said newspaper in the issues of j Ztr_ yA ,/y Affiant further says that the said Vero Beach Press -Journal is a newspaper published Vero Beach, in said Indian River County, Florida, and that the said newspaper has heretofo been continuously published in said Indian River County, Florida, each daily and has bei entered as second class mail matter at the post office in Vero Beach, in said Indian River Cou ty, Florida, for a period of one year next preceding the first publication of the attached copy advertisement; and affiant further says that he has neither paid nor promised any person, fir or corporation any discount. rebate. commission or refund for the purpose of securing th advertisement for publication in the said newspaper. Sworn to and subscribed befor me is �ay of A.D. 19 I /1 (SEAL) (Bu Panager) n 1/ (Clerk o the c r , i ounty, Florida) l� NOTICE""— I'County USLICHEARINGNotice of hearing initiated by Indian Rito consider the adoption of a County ordi nance rezoning land from C-1, Commercial Disglct to A, Agricultural District. The subject property i_ located North and South of 97th Avenue (Dit 14) between the West boundary of Felismere City Limits and East of Park Lateral. The party subject sub property 1 P is described as: TRACTS 1464,1429A. 1531, THE EAST 19.5' OF TRACT 1530 AND THE SE'/. OF THE SE'/. OF TRACT 1462, ALL LOCATED IN FELL$MERE FARMS SUBDIVISION, TOWNSHIP 31S,. RANGE 37E. SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. will be public by the nBoard of Coat which unty Commirti6 in ssioners ofand tizens shall have an l Indian River County, Florida the Countto be y Commission Chambers of the County Adm .ration Building, located at 1840 25th Street, Vero. Beach, Florida, on Wednesday, July 25, 19819:15 a.m.' It any person decides to appeal any d ion made on the above matter he/she that a verbatim; he/she will need a'; record of the proceedings, and for such Purposes, he/she may need to ens record of the proceedings is made, whit► Includes testimony and evidence upon the appeal) is based. which Indian River County Board of County Commissioners By: -s -Don C. Scurlock Jr. Chairman July 5, 18, 1984. The Board reviewed the following memo dated . 7/12/84: TO: The Honorable Members DATE: July 12, 1984 FILE: of the Board of County Commissioners DIVISION HEAD CONCURRENCF�UBJECT: Robert M. Keatirig, 7GCP Planning & Development Director COUNTY -INITIATED _ REQUEST TO REZONE 12.41 ACRES FROM C-1, COM- MERCIAL DISTRICT, TO A, AGRICULTURAL DISTRICT FROM: Rchard Shearer, AICD REFERENCES: Acres/IRC Chief, Long -Range Planning RICH2 It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at their regular meeting of July 25, 1984. JUL 2 5 1984 L 11 BOOP( 57 FADE 779 r JUL 2 5 1994 BOOK 57 FnP 180 DESCRIPTION & CONDITIONS Indian River County is initiating a request to rezone approximately 12.41 acres located on both sides of 97th Street (Ditch 14), west of Fellsmere and east of Park Lateral from C-1, Commercial District, to A, Agricultural District. This request is part of the administrative rezoning process to establish zoning districts throughout the County which are in conformance with the. Comprehensive Plan. On July 27, 1982, the Board of County Commissioners voted not to establish a neighborhood commercial node west of the City of Fellsmere in the general area of 97th Street and Park Lateral. On January 5, 1983, the Board of County Commissioners adopted County Ordinance #83-3 which rezoned 5.1 acres of land contiguous to the subject properties from C-1 to A, Agricultural District. On June 14, 1984, the Planning and Zoning Commission voted 4 -to -0 to recommend that the group of contiguous properties north of 97th Street and next to Park Lateral (Tracts 1464 and 1429A) be rezoned to A, Agricultural District. The Planning and Zoning Commission excluded the other land (Tracts 1531, 1530, and 1462) from their recommendation with the understanding that these parcels will be rezoned to the appropriate zoning district when the new zoning ordinance is adopted. ALTERNATIVES & ANALYSIS In this section, an analysis of the reasonableness of the application will be presented. The analysis will include a description of the current and future land uses of the site and surrounding areas, potential impacts on the transportation and utility systems, and any significant adverse impacts on environmental quality. Existing Land Use Pattern The west part of the subject properties (at 97th Street and Park Lateral) contains a non -conforming single-family residence and vacant land. The east part of the subject properties (at 97th Street and the city limits) contains a non -conforming mobile home park and vacant land. This area is rural in nature with most of the land undeveloped. There are two houses and a barn located northwest of the mobile home park. All of the land in the County surrounding the subject property is zoned A, Agricultural District. Future Land Use Pattern The Comprehensive Plan designates the subject properties as RR -1, Rural Residential 1 (up to .4 units/acre). The land around the subject properties, between the Fellsmere City Limits and Park Lateral, is also designated as RR -1. The land west of Park Lateral is designated as AG, Agricultural (up to .2 units/acre). Rezoning the subject properties a consistent zoning pattern for zoning district consistent with to Agricultural would result in this area and would establish a the Comprehensive Plan. 12 M Transportation System The subject properties have direct access to 97th Street (Ditch 14) and to Park Lateral (141st Avenue) which are both classified as local streets on the Thoroughfare Plan. Environment The subject properties are not designated as environmentally sensitive. However, the subject properties are within Flood Zone "A", indicating an area within the 100 year flood plain. T74-4 1 4 4-; o - County water and wastewater facilities are not available for the subject property. RECOMMENDATION Based on the above analysis, staff recommends that the property recommended for rezoning by the Planning and Zoning Commission (including Tracts 1464 and 1429A) be rezoned from C-1, Commer- cial District, to A, Agricultural District. In addition, staff recommends that the remaining tracts be rezoned as soon as a more appropriate zoning district is available. Richard Shearer, Chief of Long -Range Planning, presented staff's recommendation for approval of this rezoning and showed slides of the subject area. He noted that the Planning & Zoning Commission also recommended approval. Chairman Scurlock opened the Public Hearing and asked if anyone wished to be heard in this matter. Burney J. Carter, attorney representing Mr. & Mrs. Eugene Yates, owners of a .6 acre parcel referred to by staff, stated that the agricultural rezoning would present a problem. His clients would be agreeable, however, to working with staff to come up with some sort of suitable zoning for their property at a later date. At present, they have no plans to develop it as commercial, and if the Board chooses to accept staff's recommendation to exclude the Yate's parcel, they would be very pleased. Mr. & Mrs. Harold Royal, owners of the 7.5 acre tract referred to by staff, stated their objection to the rezoning. They also agreed to take up at a later date the obtainment of residential zoning for a portion of their 13 JUL 25 1984 aooK7 u,rE781 L 2 5 1994 BocK 57 FmcE A V2 property. Mr. Royal explained that the only reason they received Commercial zoning back in 1968 was to allow them to have the trailer park. Mr. Shearer confirmed that the County would come back and rezone these parcels at a later date and explained that the proposed rezoning would not affect these parcels of property. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously closed the Public Hearing. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously adopted Ordinance 84-44, providing for the rezoning of 12.41 acres in Fellesmere Farms Subdivision from C-1, Commercial to A, Agriculture, excluding Tracts 1531, 1530, and 1462; with the under- standing that these tracts will be rezoned as soon as a more appropriate zoning district is available. 14 L�J�, ORDINANCE NO. 84-44 WHEREAS, the Board of County Commissioners of Indian River County, Florida, did publish and send its Notice of Intent to rezone the hereinafter described property and pursuant thereto held a public hearing in relation thereto, at which parties in interest and citizens were heard; NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that the Zoning Ordinance of Indian River County, Florida, and the accompanying Zoning Map, be amended as follows: 1. That the Zoning Map be changed in order that the following described property situated in Indian River County, Florida, to -wit: TRACTS 1464 AND 1429A, LOCATED IN FELLSMERE FARMS SUBDI- VISION, TOWNSHIP 31S, RANGE 37E. SAID LAND NOW LYING AND BEING IN INDIAN RIVER COUNTY, FLORIDA. Be changed from C-1, Commercial District to A, Agricultural 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 this 25th day of July, 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY BY: G DON C. SCURLOCK, JR. Chairman Acknowledgment by the Department of State of the State of Florida this 3rd day of August , 1984. Effective Date: Acknowledgment from the Department -of State received on this 15th day of August , 1984, at 11 A.M./P.M. and filed in the office of the Clerk of the Board of- my Commissioners of Indian River County, Florida. APPROVED AS TO FORM AND LEGAL SUFFICIENCY. 14a JUL 25 1984 BOOK 57 urE783 JUL .2 5 1984 BOOK 557F.{QF. 784 GRASS SEED - COUNTY FAIRGROUNDS Public Works Director Jim Davis explained that the estimated cost of seeding 44 acres at the fairgrounds site at Kiwanis-Hobart Park is $11,500 -- approximately 7.5 lbs per 1000 feet. Along with that they would like to have some money for fertilizer, mulch and relocation of trees, which would bring the amount to $15,000. Since they hope to have grass established by January in order to park cars on it during fair time, they need to start seeding very shortly and need the funds now. Administrator Wright advised that the money would come out of the general fund contingency. MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bird, that the Board authorize the expenditure of $15,000 for the seeding and landscaping of the Fairgrounds site at Kiwanis-Hobart Park, and approve the appropriate budget amendment. Chairman Scurlock asked if we have looked into the possibility of receiving any donations for this project and Administrator Wright stated that we are receiving significant donations right now, but nobody wants to give grass seed away. Director Davis reported that it will be Pensacola grass at $.74 a pound. A pond will be dug on the north side of the property which will be used for sprinkling the grass, but some sort of an irrigation system would be needed. Intergovernmental Relations Director Tommy Thomas pointed out that there is an agricultural well out there that could be used. 15 THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. TO: Board of County Commissioners DATE: July 25, 4��bx FROM: Jeffrey K. Barton 0 M B Director SUBJECT: Fairgrounds REFERENCES: FILE: Following budget amendment is to allocate -the funds for landscaping at the fair- grounds. Account Title Account # Inc. Dec. Reserve for Contingency 001-199-513-99.91 15,000 Landscaping Materials 001-210-572-35.34 15,000 REPORT ON PROFESSIONAL AGREEMENT - TRAFFIC IMPACT ORDINANCE Administrator Wright reported that they have met with the administrative people from all the municipalities except Sebastian to obtain their cooperation and participation in finalizing the agreement with the consultants re the Traffic Impact Ordinance. He advised that he is meeting with Mayor Gallagher of Sebastian later this week and felt that they would have a fairly unified effort to present to the Board within the next two weeks. Chairman Scurlock emphasized that we are getting very close to exceeding capacity on the barrier island, and when we get to that point, we will need to have a vehicle in place or further development will come to a standstill. 16 j JUL 25 1984 BooK 5 rnE 785 I j'L 2 5 1984 BOOK 5 7 Pt, GF- 786 Administrator Wright noted that the key portion of the traffic impact study is that of the barrier island. PURCHASE OF FOUR AUTOS FOR SHERIFF'S DEPT. Sheriff Tim Dobeck noted that since the entire procedure of dealing with confiscated funds is a very difficult one to follow, the State has decided to develop a type of form which would provide an accurate accounting of property that has been confiscated or forfeited. The State has not developed this form as yet, and, therefore, his department went ahead and developed their own form, which will be submitted to the Commission each quarter. This form, copies of which were distributed to the Commission, sets out in detail the description of the property seized or forfeited and what exactly was done with it -- whether it was returned, went to department use, was placed on inventory, was sold, etc., and if sold, whether the money was transferred back and has been used for capital outlay. Commissioner Lyons thought the form was a good way to set up a paper trail and Chairman Scurlock agreed that up to now it has been very difficult to track confiscated properties. He thought that the form should be instigated this quarter before the end of the fiscal year so that we can see if it is working. The Board reviewed the following memo and letter dated 7/16/84 and 7/10/84 respectively: TO: Board of County Commissioners DATE: July 16, 1984 FILE: 4- . FROM: Jeffrey K. Barton, OMB Director SUBJECT: Sheriff's Budget REFERENCES: The attached Budget Amendment from the Sheriff is for recording in his books as the funds are in his accounts and not transferred to the Board or recorded in the Board's books. ® 17 08 HONE 562.0. BOX 79 1 J('1 7984 s $0 #,0 COU47X OUNn► co 'V Honorable Don C. Scurlock Board of County Commissioners 1840 25th Street Vero Beach, FL 32960 Dear Commissioner Scurlock: R.T."TIM DOBECK • 12VDIAN RIZ-ER C0(7NTY MEMBER FLORIDA SHERIFFS ASSOCIATION MEMBER OF NATIONAL SHERIFFS ASSOCIATION VF.RO BEACH, FLORIDA 3-2060 DISTRIBUTION LIST Curnmissioners July 10, 1984 Administrator Attorney Personnel Public Works Community Uev. Utilities Finance— Other inanceOther I am requesting the transfer of funds from the accounts listed below, to account 521-64.41, Capital Outlay Auto Equipment, to purchase four (4) 1984 Ford LTD's. $10,293 Insurance proceeds, account 016-000-364-42.00. This ammount represents the insurance settlement from the wreck of a 1984 Ford LTD. $26,968 proceeds from Sheriff's sale April 16, 1984. $8,500 transferred from account 521.64.66, Capital Outlay other equipment. I would request that the Commission review this request as soon as possible to make the necessary transfer of funds available to meet these expenses. Sincerely, R. T. "Tim" Dobeck, Sheriff Indian River County Sheriff Dobeck explained the following Budget Account Amendment dated 6/29/84: W. JUL 25 1984 t�UOK7 FA.,F l 8 7 6 cc 00 !%r o 0 m da wv� N1'ZK!J-)mm CO=gin n= 2QU nn Cr9zEv Qom Oa >o LLO?`O= 2t- Ju.yGD LL NQ IV, co J INDIAN RIVER Sheriff's Department COUNTY TO: Indian River COUNTY Board of County Commissioners Budget Accounts .10 Personal Services .30 Operating Expenses .60 Capital Outlay 64.41 AUTO EQUIPMENT 64.43 RADIO EQUIPMENT 64.44 OTHER EQUIPMENT BUDGET ACCOUNT AMENDMENT I DATE REQUESTED No.: 1 FY: 1983-84 I June 29, 1984 I hereby request approval for the amendment of the Sheriff's Department budget as set forth below: Original Budget or Last Amended FY 1983-84 $ 2,530,120 Insurance settlement from wreck of 84 Ford LTD Proceeds from Sheriff's Sale April 16, 1984 Contingency TOTAL BUDGET 633,419 139,200 8,594 41,915 5,000 $ 3,358,248 This is to acknowledge receipt by the Board of County Commissioners G Date: 7/25/84 Signature Title: rbairman. Rnard of Cnunty Commissioners u T)nbp-r-k Sheriff Amendments Requested jb 10,293 226,968 8,500 [8,500] $ 37,261 Form 82-7.4 Budget Including Amendments Requested $ 2,530,120 633,419 184,961 8,594 33,415 5,000 $ 3,395,509 This is to certify that this budget account amendment has been Approved _ Date: 7/25/84 Signature Title:Dtrector ce of Management & Budget Bowen Supply Co.. Ltd., Plan' City, Fla. The Board reviewed the following memo dated 7/23/84: July 23, 1984 TO: Sheriff Dobeck FROM: John Jones REF: Automobiles sold at Sheriff's sales, May 16, 1984 a. - (2) 1981 Harley Davidson Police Motorcycles b. - (5) 1980 Mercury Marquis c. (1) 1979 Cougar d. - (1) 1978 Plymouth Volare e. - (1) 1978 Ford Station Wagon f. - (1) 1981 Mercedes Item (e. and f.) were seized vehicles, awarded, titled, and used by the Sheriff's Department prior to the May 16, 1984 sale. Sheriff Dobeck pointed out that items "e" and "f" were seized by the Sheriff's Dept. and were included in the last report submitted to the Commission. He informed the Board that a 1983 opinion by the Attorney General states that after a law enforcement agency has elected to retain forfeited property for the agency's use, the future sale of that property is not subject to the provisions of the Contraband Forfeiture Act, which means that this money can be placed back into the Sheriff's budget for capital expenditures, rather than being placed into the Commission's forfeiture fund. He, therefore, requested that the Commission give his department the $17,2575 derived from the sale of these two vehicles in order to allow them to purchase the vehicles they are requesting. Attorney Brandenburg explained that the Sheriff has taken a piece of confiscated property and designated it for departmental use. After deciding the property was no longer 20 �q Q BOOK 5 9 F,rF 709 ` JUL 25 1984 _ JUL 25 1984 BOOK 5 11 f ,{ E'790 wanted, the Sheriff has disposed of it through one of the alternatives provided in Chapter 274. The monies derived are unanticipated revenue. The question is whether it comes into the Sheriff's budget or the County Commission's budget. In either event, by coming to the County Commission and asking for the expenditures of those funds, the Sheriff has removed any difficulty with respect to that budget process. Commissioner Bird asked what amounts each vehicle brought at the May 16, 1984 Sheriff's sale. Sheriff Dobeck reported that the 1978 Plymouth Volare brought in $1275 and the 1981 Mercedes brought in $16,000; those are the only figures he had available. Sheriff Dobeck cited a provision by the Attorney General's office which states that property can be disposed of at public action for cash without appraisal. The sale must be advertised and open to the public. Attorney Brandenburg explained that property valued at less than $100 can be disposed of in any way that the Sheriff finds most efficient. Property valued at less than $200 can either be sold to the highest of three bidders or sold at public auction. Property valued at over $200 must be sold at public auction, which must be advertised in advance in the newspaper. He pointed out that it is the same statute as that which governs the disposal of the County's surplus property. Sheriff Dobeck reported that they have received $10,293 in no-fault insurance proceeds resulting from one of the brand new patrol cars being totalled. Two other vehicles were totalled, and that is the reason why they really need to replace these vehicles. 21 MOTION WAS MADE by Commissioner Lyons, SECONDED by Commissioner Bowman, that the Board authorize the transfer of funds to purchase four 1984 Ford LTDs, and approve County procedures as noted in the Sheriff's memo of 7/10/84. Under discussion, Sheriff Dobeck explained that the Indianapolis Plan is where an officer takes the car home at night. He noted that the City of Vero Beach Police Dept. turns their cars in every year whereas the Sheriff's Dept. turns their cars in every three years. THE CHAIRMAN CALLED FOR THE QUESTION. The Motion was voted on and carried unanimously. Chairman Scurlock thought the new format suggested by Sheriff Dobeck will provide a quick and easy way to trace the history and final disposition of property confiscated or seized by the Sheriff's Dept. He requested that the report be submitted directly to the Commission with a copy to Ed Fry, Finance Director, etc. Attorney Brandenburg suggested that the Commission adopt a motion requesting the Sheriff to use the form and another motion requesting the Sheriff to establish a budget into which all surplus property proceeds would be placed, to be used only after approval by the County Commission. This is, basically, the procedure taking place today. Attorney Brandenburg felt a lot of confusion arises in these accounts when some of our established accounting mechanisms fail to show a difference between evidence that has been received and property that is to be forfeited. During most arrests, the Sheriff's Dept. seizes all kinds of evidence, but only after they have determined to prosecute 22 JUL 2 5 1984 Bou 57 PACE 741 r JUL 25 1984 BOQK 57 PA,UE i99 and file a complaint to forfeit a piece of property to the County, does it show up on the ledger. During that time the Sheriff is only acting as custodian of that property. If they choose not to prosecute, the evidence is returned. Sheriff Dobeck explained that the "date seized" is shown so that the Commissioners can see how long the Sheriff has been holding a particular item. Commissioner Bird requested that the new format show the amount of purchase and the purchaser's name, and Sheriff Dobeck stated he did not have a problem with that as it was all public information. ON MOTION by Commissioner Bird, SECONDED by Commissioner Lyons, the Board unanimously requested the Sheriff's Dept. to utilize the new quarterly format in accounting for all property his department determines to file an action to confiscate. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously requested the Sheriff's Dept. to set up an unanticipated income item in his budget into which all proceeds from the sale of any surplus property will be placed (surplus property as opposed to confiscated property), with the understanding that the funds will not be expended without approval of the County Commission. 23 ACCEPTANCE OF ROAD MAINTENANCE - EXECUTIVE MANOR SUBDIVISION ON MOTION by Commissioner Lyons, SECONDED by Commissioner Bird, the Board unanimously adopted Resolution 84-52, accepting dedication and maintenance responsibility for certain streets and easements within Executive Manor Subdivision, Units I and II. 24 JUL 25 1984 BOOK 57 FADE 79 3+ JUL 2 5 1984 BOOK 57 PAGE 194 RESOLUTION NO. 84-52 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, ACCEPTING DEDICATION AND MAINTENANCE RESPONSIBILITY FOR CERTAIN STREETS AND EASEMENTS WITHIN EKECUTIVE MANOR SUBDIVISION, UNITS I AND II WHEREAS, the Board of County Commissioners approved for recordation the plats of Executive Manor Subdivision, Units I and II, on May 18, 1977, and November 2, 1977, respectively; and WHEREAS, each plat established and dedicated certain street right-of-way and easements for the use of the property owners within the subdivision with the understanding that they would not be maintained or improved by the County until such time as the Board of County Commissioners formally accepted the dedications; and WHEREAS, the homeowners' association for Executive Manor Subdivision has requested that the County formally accept the dedications and maintenance responsibilities for these right- of-ways and easements; and WHEREAS, the Public Works Department has inspected the properties and has determined that they are satisfactory and comply with County standards. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA that: -and 1. The foregoing recitals are ratified in their entirety; 2. Indian River County hereby formally accepts for itself, successors, or assigns, and for all proper purposes, all those streets, right-of-ways, and easements established by dedication upon the respective plats for Executive Manor Subdivision, Unit I, as recorded in Plat Book 9, page 57, of the Public Records of Indian River County, and Unit II, as recorded in Plat Book 9 at page 72, of said Public Records; and 3. Said roads shall hereafter be a part of the County road system unless and until such time as closed, abandoned, or vacated in accordance with law, and the County hereby acknowledges maintenance responsibility for the aforementioned right-of-ways, easements and streets, in accordance with applicable County standards. -1 The foregoing resolution was offered by Commissioner Lyons, who moved its adoption. The motion was seconded by Commissioner Bird and, upon being put to a vote, the vote was as follows: Chairman Don C. Scurlock, Jr. Aye Vice -Chairman Patrick B. Lyons Aye Commissioner Richard N. Bird Aye Commissioner Margaret C. Bowman Aye Commissioner William C. Wodtke, Jr. Aye The Chairman thereupon declared the resolution duly passed and adopted this 25th day of July 1984. BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA By "� G _'Z"4A_ DON C. SCURLOCK, JR. \ _ Chairman Attest: i J&P FREDA WRIGHT Clerk TO FORM AND LE SUF By _ BRA o my Atto ACCEPTANCE OF ROAD MAINTENANCE, 80th AVENUE FROM 126th STREET TO 126th COURT The Board reviewed the following memo dated 7/12/84: 26 JUL 29, 1984 BOOK 57 FA, �E X95 JUL 25 1984 BOOK 5 6 Ffi;E 79 TO: The Honorable Members of DATE: July 12, 1984 FILE: the Board of County Commissioners - THROUGH: Michael Wright, County Administrator SUBJECT: 80th Avenue from 126th Street to 126th Court - Request to Accept Road Maintenance FROM: James W. Davis, P.to REFERENCES: Public Works Direc DESCRIPTION AND CONDITION Mr. Frank DeJoia, owner of Rose Haven Subdivision was required to construct 80th Avenue from 126th Street to the northeast boundary of said subdivision as part of the subdivision approval. The roadway was to be a 20 foot wide, 6 inch thick marl road with 8 foot shoulders and appropriate drainage ditch on an existing public right-of-way. The Board agreed that once subject road was completed, it would be added to the County maintained system. Rose Haven Subdivision and subject road have now been completed and an inspection by Public Works personnel established that subject road has been constructed in conformance with the agreed upon standards. RECOMMENDATIONS It is recommended that the Board of County Commissioners authorize the Public Works Division to place subject roadway from 126th Street to a point 497 feet northeast of the centerline of 126th Street on the County maintained system. ON MOTION by Commission Wodtke, SECONDED by Commissioner Bird, the Board unanimously accepted road maintenance for 80th Avenue from 126 Street to 126th Court. REQUEST FOR SEBASTIAN RIVER TO BE DESIGNATED AS A MANATEE PRESERVE The Board reviewed the following letter dated 7/9/84: 27 The Sebastian River Junior Woman's Culb 14095 81st Ave. 2 9 -i/a Sebastian, Fla. '.: 2• M 't7t7'?1 July 9. 19$4 z�, wr,.., - CO JUL lyc4 Aticar Board of County Commissioners LO RECEIVED Zr ;,ub;;�; 4Vor1;s 1840 2 th 5t. CO BOARD COUNTY Ccmti-unity �2v. 5 r COMMISSIONERS \� Vero Beach, Fla. 32960 <i'_ c1��� F i; ice Dear Sirs: OtherL..'� This letter is to inform you that the Sebastian River Junior Oman's -Club supports the adoption of the resolution to designate the Sebastian River and its tributaries as a mantee preserve. The Sebastian River is home to numerous manatee at different times of the.year and we feel that if the river was made a preserve it would' help to protect them to some degree. Our club feels that it is time that our state and local governments take the needed action to protect these gentle creatures. The encl- .osed newspaper articals speak for themselves, it is time to act or the manatee will be no more. We would appreciate any information that you could give us and we would also like to be notifi6d when a date is set to discuss this resolution. _ r: Sincerely Yours, Carol A. Stocker President Carol Stocker, President of the Sebastian River Junior Woman's Club, addressed the Board and listed the various clubs and associations which support the designation of the Sebastian River as a manatee preserve. She noted that they would not be asking for any local tax dollars as the cost of purchasing and installing speed limit signs would be donated by these organizations. Their primary reason for being here today is to ask that the Commission consider their request for support that is needed to help protect the manatee. - Attorney Brandenburg advised that there is a Florida Manatee Sanctuary Act which requires the legislature to designate specific areas as being manatee sanctuaries. The DNR can then come in and post speed limitations on the use 28 JUL 25 1984 BOOK 57 PAGE797 JUL 25 1984 BOOK 57 F,gcE 798 of watercraft in those areas. Another provision calls for the adoption of a resolution by the Commission designating an area as a manatee preserve and giving authority to the Commission in conjunction with the DNR to post regulatory signs. The County Attorney believed that is the provision that these individuals would like to see utilized, and suggested that if the Commission is interested in this, they can instruct the Legal Dept. to prepare such a resolution and bring it back. Commissioner Lyons wanted to proceed with whatever local action we can take as a County, and if there is something that will add more power in getting the State to designate the area also, then he would suggest that we do both. Attorney Brandenburg advised that a public hearing was not necessary in order to pass a resolution today, but a public hearing would be needed if the Commission were to approach our legislative delegation in regard to adopting new legislature. Chairman Scurlock thought there should be a public meeting in order to get all input from those individuals or groups which might be negatively affected. Commissioner Bowman believed that the preserve should cover the Sebastian River and its tributaries, including C-54. Commissioner Lyons thought that it would be appropriate to have a little more research on this matter. Chairman Scurlock suggested a motion be made to authorize staff to go ahead and draw up a resolution, analyze the matter, identify the area and obtain legal descriptions. Commissioner Wodtke asked that certain times of the year be considered in regard to speed limits, and Mrs. Stocker stated that speed limit signs are only posted in 29 restricted areas from November 15th to March 31st. She favored year -around speed limits being posted as the manatee are in the river all year. It was her understanding that should the Board adopt a resolution, they would also have to approach the Brevard County Commissioners and ask them to adopt a similar resolution. From there it would be turned over to Mr. Pat Rose, the State manatee coordinator, who would have it researched before a final decision is made by them. ON MOTION by Commissioner Lyons, SECONDED by Commissioner Wodtke, the Board unanimously authorized staff to begin work on this matter as discussed. It was generally agreed that after all the information is obtained, they would go ahead with a resolution and contact the State and forward all that material to Brevard County. Commissioner Bird asked what restrictions this would involve, as far as boating and water quality are concerned, if this was implemented by the State. Mrs. Stocker noted that the Boater's Guide contains no actual motor boat restrictions -- it just slows them down. Chairman Scurlock pointed out that the Audubon Society and Florida Power & Light put on excellent seminars that tell you everything you want to know about manatees. Mrs. Stocker also pointed out that just recently the Palm Bay City Council designated the mouth of Turkey Creek and part of the waters in Indian River as a manatee sanctuary, and they have all the information necessary as to how to proceed. W JUL 2 5 1984 . BooF 57 FACE 799 r JUL 2 5 1994 BOOK 57 FACT 800 Mrs. Stocker advised that are House and Senate bills in the works and suggested that the Commission direct a letter supporting both of these bills. Attorney Brandenburg stated that staff would give the Commission copies of these bills at the same time they bring this back. SOUTH COUNTY AND NORTH COUNTY FIRE DISTRICTS The Board of County Commissioners recessed at 10:45 o'clock A.M. in order that the District Board of the South County Fire District might convene. Those Minutes are being prepared separately. The Board reconvened at 10:47 o'clock A.M. and immediately recessed in order that the District Board of the North County Fire District might convene. Those Minutes are being prepared separately. The Board of County Commissioners reconvened at 10:49 o'clock A.M. with the same members present. DISCUSSION RE THE ESTABLISHMENT OF POLICY ON WATER & WASTEWATER LINE EXTENSION REVIEW & PERMITTING REQUIREMENTS The Board reviewed the following memo dated 7/16/84: TO: The Honorable members of DATE: July 16, 1984 FILE: the Board of County Commissioners THRU: Michael Wright SUBJECT: WATER AND WASTEWATER LINE County Administrator EXTENSION REVIEW AND PERMITTING REQUIREMENTS FROM: Terrance �APinto REFERENCES: S Utility Service Director DESCRIPTION AND CONDITIONS: Section 24-5 of the Indian River County Code of Laws and Ordinances requires that a utility obtain a permit from the Utility Department to provide service. 31 M M M Sections 24-31 and 24-32 require that all systems connecting to County water or sewer works be made in accordance with County rules and regulations. Section 24-37 prohibits any connection to a County water or sewer system without written consent of the County. The Utilities Department presently does not have adequate and definitive regulations that provide for and establish review and permitting procedures as well as sufficient construction specifications for the construction and operation of franchised water and wastewater systems and systems that are to connect to County water and wastewater systems. ANALYSES: The attached provides for and establishes review, and permitting procedures and requirements, as well as limited specifications for the construction and operation of water and wastewater systems.. It includes bonding requirements and dry line construction requirements for water and wastewater systems for developments that would be connected to County systems. RECOMMENDATION: Staff recommends that the attached preliminary policy be referred to a workshop committee and that the Board of County Commissioners establish a line extension policy in August, 1984 to be implemented by the Division of Utility Services. Administrator Wright stated that staff is mainly asking for direction today so that they can move ahead on this matter. Staff has recommended that a workshop be held to establish policy on line extensions. Commissioner Lyons could not find an appeal provision in the drafted document. Attorney Brandenburg explained that while there are a lot of items that are already contained in the ordinance, there are a lot of items that would have to be implemented - through a. resolution, In addition, there are items that need policy decisions. Commissioner Lyons was concerned about a provision that no lines would be put in unless they are paid for in advance, and Attorney Brandenburg explained that clause will have to be modified because there will be occasions where - the County themselves will want to extend the line. Commissioner Lyons felt we should find some way to set up an extension and finance it in such subdivisions as Oslo Park, where there are people who really want to be connected 32 JUL 25 1984 Boa 57 Fa,,c 801 I JUL UL 2 5 1984 Boos 57 PAGE C7 0? and more are anticipated. He suggested that we do some utility promotion or we will come to a standstill in that area. Utilities Director Terry Pinto believed that the only thing they were saying is that there would not be any lines extended unless they were paid for by those being served or those requesting service. Chairman Scurlock felt that this discussion is premature until we get the results of the consultant's study of the County's master plan which will dovetail staff's efforts. MOTION WAS MADE by Commissioner Wodtke, SECONDED by Commissioner Lyons, that the Board authorize the workshop, as recommended by staff. Under discussion, Administrator -Wright recommended that the workshop be conducted by a technical review type of committee. He advised that representatives from the public sector, such as realtors, builders, tradesmen, etc. would be encouraged to attend in order to gain their input. APPOINTMENT OF LEONARD DAHLBERG TO COUNTY -WIDE RECREATION COMMITTEE The Board reviewed the following resume: 33 PROFESSIONAL RESUME OF LEN DAHLBERG, JR. PERSONAL INFORMATION Address: 3510 4th Place, S.W. Vero Beach, Florida 32960 Telephone: (305) 569-8505 (home) (305) 231-3190 (office) Date of Birth: December 28, 1950 Married: Charlene B. Children: Jason Michael (3 years) ^ EDUCATION: B.S. Degree- Florida State University Administrative Parks & Recreation 1973 WORK EXPERIENCE: February 1978 - Present Vice President Dixon Ticonderoga Company (formerly Bryn Mawr Corporation) July 1973 to February 1978 Assistant Director Recreation & Parks, Brevard County Distict III Summers 1969-72 Head Counselor Dixie Camps Clayton, Georgia Commissioner Bird explained that it was his recommen- dation that Mr. Dahlberg be appointed to fill the vacancy resulting from the resignation of Eugene O'Neill who has indicated he does not have the time necessary to serve on the committee. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously appointed Leonard Dahlberg, Jr. to the County -wide Recreation Committee. 34 JUL 25 i` BOOK 57 FACE ®03 756 Beachland Boulevard P.OVero Bh DMON TICONDEROGA COMPANY Beach,, Florida 32964 Telephone: Len Dahlberg, Jr. 305+ VICE PRESIDENT 231-3190 Commissioner Bird explained that it was his recommen- dation that Mr. Dahlberg be appointed to fill the vacancy resulting from the resignation of Eugene O'Neill who has indicated he does not have the time necessary to serve on the committee. ON MOTION by Commissioner Bird, SECONDED by Commissioner Wodtke, the Board unanimously appointed Leonard Dahlberg, Jr. to the County -wide Recreation Committee. 34 JUL 25 i` BOOK 57 FACE ®03 JUL 25 1994 BOOK 5 FOF894 There being no further business, on Motion duly made, seconded and carried, the Board adjourned at 10:55 o'clock A.M. Attest: Clerk 35